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Home My WebLink About12-6179Craig Redmond Plaintiff General Motors, LLC Defendant e; • r~'Y h+7 N~ -^..~ V.;.'l'~ V+ ~ G~ ^F7 ~ ~~ ~ _ .....a ~ --, z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH EIEDFORD STREET CARLISLE, PA 17013 1-800-980-9108 717-249-3166 ~~ llaol ~'~ ~/.~~ Craig Redmond Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lawrence Chevrolet, Inc. No. Zo Defendant Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND. COUNTY BAR ASSOCIATION 32 SOUTH BEDIcORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Attorney for Plaintiffs Identification No. 53084 32 Parking Plaza, Suite 700 Ardmore, PA 19003 (21 S) 665-7660 CRAIG REDMOND S Katie Lane Carlisle, PA 1701 S vs. GENERAL MOTORS, LLC c/o CSC 2S9S Interstate Drive Ste. 103 Harrisburg, PA 17110 and LAWRENCE CHEVROLET, INC 6445 Carlisle Pike Mechanicsburg, PA 170SS COURT OF COMMON PLEAS CUMBERLAND COUNTY . NO. COMPLAINT 1. Plaintiff, Craig Redmond, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing at S Katie Lane, Carlisle, PA 1701 S. 2. Defendant, General Motors, LLC, is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania and can be served at c/o CSC, 2S9S Interstate Drive, Suite 103, Harrisburg, PA 17110. 2(a). Defendant, Lawrence, Chevrolet, Inc, is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania with its legal residence and principal place of business located at 6445 Carlisle Pike, Mechanicsburg, PA 17055. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 through 3 as fully as if set forth here length. 4. On or about May 21, 2012, Plaintiffpurchased anew 2012 Chevrolet Volt from defendant, Lawrence Chevrolet, Inc. the Vehicle Identification Number 1G1RD6E40CU121580. The vehicle was purchased in in the Commonwealth of Pennsylvania and registered in the State of New Jersey. 5. The price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges but excluding, other collateral charges not specified, more than $47,038.93. 6. At the time described above, plaintiff discussed the 2012 Chevrolet Volt at great length with defendant's sales agent and/or authorized representative. 7. In the conversation described above, plaintiff informed defendant, inter alia, through it's sales agent and or authorized representative, that: a. they wanted to buy a car that would be reliable for transportation to drive to work from home, b. they did not want a car with a lot of mechanical problems, and c. they wanted a car that was free from any and all prior body damage, scratches, and or paint defects. 8. Plaintiffs relied on defendant through it's sales agent and/or authorized representative to select and furnish a suitable car to meet the needs described above. 9. Defendant through it's sales agent and/or authorized representative knew at the time of the sale that plaintiffs was relying upon it to select and furnish a suitable car to meet the needs described above. 10. In consideration of the purchase price, Flaintiffs acquired from Defendant, "General Motors, LLC" an original "Warranty" covering said vehicle for three (3) years or thirty-six thousand (36,000.00) miles. 11. On or about May 21, 2012 Plaintiff took possession of the above mentioned vehicle and experienced nonconformities, consisting of, but not limited to, prior body damage. Copies of plaintiff's supporting documents are attached hereto. 12. Plaintiffs aver the vehicle has been subject to repair more than three (3) times for the same nonconformity, consisting of, but not limited to, prior damage, defective paint, and defective electrical system and the nonconformity remains uncorrected. 13. Plaintiffs aver that as a result of the ineffective repair attempts made by Defendant "General Motors, LLC", through its authorized dealer "Lawrence Chevrolet, Inc", the vehicle cannot be utilized for the purposes intended by Plaintiff at the time of acquisition and as such, the vehicle is worthless. 14. The vehicle continues to exhibit defects, consisting of, but not limited to defective paint, and nonconformities which substantially impair it's use, value and/or safety. 15. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and/or nonconformities for which the defendant did maintain records. 16. Plaintiff avers that all defendants had knowledge of the defective condition of the prior body damage prior to plaintiff's purchase of the vehicle 17. Plaintiff seeks relief for losses due to the nonconformities and defects in the above mentioned vehicle in addition to attorney fees and all court costs. C UN I PENNSYLVANIA AUTOMOBILE LEMON LAW CLAIM 18. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 19. Plaintiff is a "Purchaser" as defined by 73 P.S. § 1952. 20. Defendant is a "Manufacturer" as defined by 73 P.S. § 1952. 21. Plaintii~s vehicle is a "New Motor Vehicle" as defined by 73 P.S. § 1952. 22. Said vehicle experienced non conformities within the first year of purchase, which substantially impairs the use, value and safety of said vehicle. 23. Defendant failed to correct and or repair said nonconformities. 24. The vehicle continues to exhibit defects and nonconformities which substantially impair it's use, value andlor safety. 25. Defendant does not require participation in any informal dispute settlement program prior to filing suit. 26. As a direct and proximate result of Defendant's failure to repair the nonconformities ,Plaintiff has suffered damages and, in accordance with 73 P.S. §1958, Plaintiff is entitled to bring suit for such damages and other legal and equitable relief. Wherefore, plaintiff prays for an Order requiring the defendant to return all funds plaintiff has paid in connection with its purchase pursuant to the lemon law; plaintiff prays defendants be denied any allowance for plaintiff s use of the vehicle, and that plaintiff receive such incidental and consequential damages as the evidence shall sustain. COUNT II Rescission/Revocation for Material Misreflresentation of Facts 27. Plaintiff incorporates herein by reference as though fully set forth the allegations in the preceding paragraphs of this Complaint. 28. Defendant's representations that the car had no prior body damage and had no history of repair were false and misleading, and constitute a misrepresentation of material fact. 29. Plaintiff justifiably relied upon aforesaid material facts as represented by defendant, as a result of which he agreed to purchase the vehicle and sustained losses and damages set forth above. 30. Had Plaintiff known that the car had sustained significant accident damage, he would not have purchased the vehicle. 31. Defendant unlawfully refused to honor plaintiff's tender of the car and provide a refund of all funds paid. Wherefore, plaintiff prays for an Order rescinding/revoking his purchase of the vehicle and requiring the defendant to be required to return all funds plaintiff has paid in connection with its purchase; plaintiff prays defendants be denied any allowance for plaintiff's use of the vehicle, and that plaintiff receive such incidental and consequential damages as the evidence shall sustain. COUNT III Pennsylvania Consumer Protection Law anal Unfair Trade and Practices Act 32. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 33. Plaintiff justifiably relied on defendant's representations that the car had no body damage and had no history of repair. 34. Contrary to defendant's representations as aforesaid, the car had sustained extensive damage prior to his purchase. 35. The aforesaid representations constitute false and misleading statements and representations about the car, in violation of Pennsylvania Consumer Protection Law and Unfair Trade and Practices Act. 36 Defendant's failure to disclose the history of collision damage and repair, constituted a failure to state material facts, which tended to and did deceive plaintiff, who had no knowledge or any problems with the vehicle. The foregoing violates the Pennsylvania Consumer Protection Law and Unfair Trade and Practices Act. 37. Had Plaintiff known that the car had sustained significant accident damage he would not have purchased the vehicle. 38. As a result of defendant's misrepresentations, and it's failure to state material facts, all in violation of Pennsylvania Consumer Protection Law and Unfair Trade and Practices Act, plaintiff agreed to purchase the car and sustained losses and damages set forth above. Wherefore, plaintiff prays for an Order rescinding his purchase of the vehicle on the grounds of defendant's unlawful trade practices, enter an Order requiring the defendant to return all funds plaintiff has paid in connection with its purchase; deny any allowance far plaintiff s use of the vehicle, and enter judgment in favor of the plaintiff for such incidental and consequential damages as the evidence shall sustain, alternatively plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00, plus interest, costs, reasonable attorney fees, treble damages and such other further relief as may be just and proper. COUNT IV Fraud and Deceit 39. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 40. Plaintiff avers on information and belief that defendant knew the vehicle had sustained damage, or knew the existence of paint defects, prior to it represented to plaintiff that the vehicle had no body damage. 41. At the time defendant made these representations, it knew they were false or it made these representations with reckless indifference to the truth, for the sole purpose of defrauding plaintiff and intending that plaintiff accept it's representations and act in reliance upon it's representations. 42. As a result of plaintiff's reliance upon defendant's representations, plaintiff was induced to purchase the vehicle and sustained damages set forth above. 43. Plaintiff avers on information and belief that defendant (1) intentionally concealed or failed to disclose the material fact that the car had sustained prior body damage. 44. Defendant concealed or failed to disclose the aforesaid material facts intending to deceive plaintiff and to induce him to act differently from how plaintiff would have acted had he known the true facts. 45. Because of defendant's concealment or failure to disclose the aforesaid material facts, plaintiff acted in a manner different then how he would have acted had he known the true facts. 46. Defendant made the aforesaid material misrepresentations, and concealed or failed to disclose the aforementioned facts, with actual malice toward the plaintiff. WHEREFORE, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00 ,plus punitive damages in such amount as the jury shall find is needed to punish defendant and deter it and other car dealers from engaging in similar acts, plus interest, costs and reasonable attorney fees. COUNT V breach of Im,~lfed Warranty of MerchantablitX 47. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 48. Defendant sold plaintiff a vehicle which was not merchantable, in that the car would not pass without objection in the trade as an undamaged car and was not fit for the ordinary purposes for it is used. 49. As a result of defendant's breach of implied warranty of merchantability, plaintiff sustained damages as set forth above. WHEREFORE, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00 plus costs and interest. COUNT VI Breach of Implied Warranty of Fitness for Particular Use 50. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 51. At the time the purchase contract was signed defendant had reason to know that plaintiff required a vehicle free from body damage or history of repair and that plaintiff was relying on defendant's skill and judgment to furnish said vehicle. 52. As result of defendant's breach of implied warranty for a particular use, plaintiff sustained damages as set forth above. WHEREFORE, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00, plus costs and interest. COUNT VII Magnuson-Moss Warranty Act 53. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 54. Defendant's failure to honor plaintiff's rescission/revocation of acceptance, it's breach of implied warranty to merchantability and it breach of warranty of fitness for a particular use violates the Magnuson-Moss Warranty Act, 15 U.S.C. Section 2301 et seq., and in particular, 15 U.S.C. Section 2310, as direct and proximate result of which plaintiff sustained the losses and damages aforesaid. WHEREFORE, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00 ,plus costs, interests and expenses including reasonable attorney fees. COUNT VIII Negri gent Misrepresentation 55. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 56. Plaintiff avers on information and belief that defendant knew or should have known the vehicle had sustained damage and repair prior to plaintiff's purchase. 57. Defendant negligently failed to inform plaintiff of the collision repair prior to plaintiffl s purchase. 58. As a result of defendant's negligent conduct as aforesaid, plaintiff was uninformed about the vehicle's prior history, agreed to purchase a car he otherwise would not have purchased, and sustained the other injuries and damages set forth above. WHEREFORE, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00 plus costs, interests, treble damages and expenses including reasonable attorney fees. COUNT VIV New Motor Vehicle Damage Disclosure Act ,~Pa Stat. Ann tit. 73 Sections 19701 to 19'f0.81 59. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 60. Plaintiff avers on information and belief that defendants knew or should have known the vehicle had sustained damage in excess of $500.00 prior to it's sale. 61. Defendants failed to comply with the New Motor Vehicle Damage Disclosure Act by providing the required the written notice prior to sale. 62. Defendants violate the New Motor Vehicle Damage Disclosure Act by misrepresenting the condition of the car prior to sale. Wherefore, plaintiff prays for an Order rescinding/revoking his purchase of the vehicle and requiring the defendants to return all funds plaintiff has paid in connection with its purchase; plaintiff prays defendants be denied any allowance for plaintiff's use of the vehicle, and that plaintiff receive such incidental and consequential damages as the evidence shall sustain plus costs, interests, treble damages and expenses including reasonable attorney fees. DAVID J. BY: P.C. DAVI~ORBERG, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, after having read the attached pleading verifies that the within Civil Action Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Civil Action Complaint is that of counsel and not of signer. Signer verifies that he has read the within Civil Action Complaint and that they are true and correct to the best of the signer's knowledge, information and belief. To the extent that the contents of the Civil Action Complaint are that of counsel, verifier has relied upon counsel in taking this verification. This verification is made subject to the penalties of 1$ Pa. C.S. 4904 relating to unsworn falsification to authorities. X~/ T. r DAV D J. GORBERG Date: GMAC FLEXIBLE FINANCE PLAN Dealer Number (;anusact Number Buyer (arrd~o•Buyeti -.,Nameand addrpSS {irxauc}ecounty and zip C.odaj Crad~ivr t;yel'rkr name and address) ~u, the Buyer (and Ga-Buyer. it anyl, tray buy tree vehicle aescribrti k%taa,nr fr,r east, r,t an c ;;n , tr+i5 c.antraca, gnu cl,aase to buy the, vehicle ort credit ,der rtes agreements on the tram and back of this contract Mott t~grt:e to pay us, tt, ,r.r~ r",r ~ruert Fraanced ar~+d Fia-+ar,,:a Charge according to ttre 3yment schedu",c shcawn Gelom>. We will figure the Finance Gharc7c an a daily basis. ~Iew or used E Yr3= , Malec and Madei _.j._.._ 'JehielG identiy. a~~r>n !;c~ Primer} USr~ tut Which Purchased ._ .._ _ ___._...-___ - _ w........ ..-- ..__._.... pr~,~pnat, fi3n++ly, err hr„ .~~~ _. ayricu4ura{ ~ ~ to xress ! i i _ tour trade-ire is a: ~, ~,~ Make Model - - FEL}ERAL TRUTH-IN-LENDING Gi~t,~OSURES .....-..._ __. _ __.._~. _ .... _..__. _. _.. ANNUAL ....r.w FINANCE Amount , ~ Tatar of Rayments Iota} sale Price PERCENTAGE CHARGE Financed The amcytant you ' Tnr, t<,tta3 €-c>~~ «* RATE The daUar The amount of ~ will have paid after - ,, a t~u ' ~;,,c: r~ The Cost ct your ~+mount the credit provided to ~ you have made all ! c c~ ar,fl Credit as x ye<~"°;~ Credit sviN Cost you or on your payments as yG~r ..:..~ . ~~ .? ra,tG you behalf.. scheduled. , „rc _ _ ;._ ~ _ S S ~ ~ Your Payment Schedute Wili fie: NumbK r nn+r~~uni ~ When Payments _ _ oY Pa n~ents ' Pa ment5 Are Due ~~,' __..~Y_r-- _ Y_ _r, _-_..-- ----- ----_ hdonthly begmn+ng t.ate Charge. t# a payment is rraY received in fait within 10 days after it is due. }~c,u tit? pay a ?ale charge. it the venters is a heavy commercial mater vnhiale, the charge wilt tae 4°~a at the i>an cst the payment that istate. Qtherwise, the Charge will be 2"~ per month of the part at the payment that is late. ttgured based or-+ a fuH calendar monm for any part of a monttr that Is more than 10 days. Prepayment. Et yC1U pay rAft all year debt catty. you rvitl r,Gt have fa pay a penalty. Security interest. Y~~±+ era riving a security interest in iris volaicle being ptuchased. Additional lnformatian_ Sae this contract for mare infarmatian Including irttannaNart about nonpayment, default. an}' rttcTuiretl repayment in tuts before U,e sctiedutad date, and security ir?Yerest. ITEMtZATtQN DF AMOUNT FINANCED 1 UFiS~i ,ss_ s .,t°~ s,:1 t.e xF-' ~ ~' 2 Tratat dawnpayment _ ill negative enter '0 and gee Gnn aH ' ~,,.,; ~,,~<< t. i - >~ ha:ritf )~ysa?iler ~ _..._.___._.._.______._....... ___.-~ __._._v__._~.._...`_.-.__.._______------___.__ + other (describe) $ ~ ?2i 3 Unpaid balance of cash price (1 minus 2} $ , 3„ ~ Other ctaarges tncittd~ny amounts paid to others an year behalf (Seiler may keep pan of-these artaaunts.): A Cast of optional Credit insurance paid to the Insurance company or companies Life S a _...._..._ __ ~_ _ t~ , 6 Oftaer insurance paid to the insurance ccuttpany (describe} ~ ~ ~ ~ r. .. C Offieiat tees pa+d to govemmeM agencies D C3ovemment taxes not ittdul~ttl let t~stt~ice ~.~.,__ ---y-- E Government Ucense artd/tx re~stratlat fees g , --- --- - - F 4overnment certificate of tltle fees (iracfudes 3 -~ rity Ltterest recording i~~ $ -P'y' G OQaer charges (Seiler must identify wfto is pain and .describe p .} t>o ~ _.. _ Is'+'9~3o s - - - _ "- - - - - ~~ - ~ - - to to ~ ~ ~ fpr :,# ~ ~. ~ ~~ k . -- - - ~ ;- -------------~-~,r to for $ t to for to for it Nettrade-inpayoff to t~J' $ __ Totsil other cnangfss and errrourtts paMia others on your betaai{ _, ~ _ _ & Amount financed f3 + &~ ~ __ --__-____- _ - ~._..........k,a..,. S ~~ A) ~: anc a yaer ca+e. r a~<<,t? ,, taw ~ uu are ~~~ x ~~t tt; ,.,~ ar,y :~i'aer Insuranc4 to abtam ,. t+t. Yo~,r d ~~isian to buy or net buy ether ,~,,,nce eJiii neat be a fvct<ir ;n th+. rre;diP_ apf~+ravs~l ,c;<;sa. !i ,fny insuraru e is ch~,rkr~d hPlow, pain +es x>r cnrbtirates irctrr+ the narnt d insurance Carr+p~tn+es will G€~scritae the terms and condRiaris. Check thernsurance you want and sign below; Optional Credit lnsucance. Crc,Kfit Lice. Buys^r ~ +',c~-Eager Term___.__.... ____ _. i.ai Credrf DsSaGday i8u~r_r Oatlw} Trrm.__~_ .. _ Premium. t;redrt Life S . _, -.... _. <; ed,t Disat)'tGty 5 -.__ _......_ __.__. ' '_ (A~surancE t`antpany} iHorne OfF,r ~ -~tidres, ~ ~~ - 11 I f . r_~;zce .dr,p c~ ,tu disabitit insurance 2rC i~r ~ r,.r;~~< ~+t. Yau+ decision is hay ar nc,t ixry credit leis Insurance anti credit tirsv+taiEity insurance will net be a factor in the m®tiit apprr~vai process. They wiq rwt be provided unless yav srgn and agree iv pay the extra cast. Credit fate insurance pays the ur+paaid part of Has amowat gin rn;ed it yae, dirt- This insurancB taayf only the amount you would awe if you paid all your payments bn iimC. Credit disability insuranr.,e pays die sctieduic~ti payments due under this contract white.. you are disabled. Thts insurance ciQes not savor any increase ir, your payment ar in Uae nurr+ber of payments. The paricies or certificates issued by the named insurance companies may further emit the coverage treat credit tits or credit disabiitty insurance pravrdes. See the policies or carti#ictttes for coverage omits and other terms and cwad;tifNts: Other Insurance. ~t Type of Insurance Term Prem+um ~ ._ .~ ~ _ (lnsura-rce Company] (Home Office Adr)r~s} 1 want the insurance checked above. X Buyer Signature. m Date X Go-&,yer Signature Date AMY INSIlRA11-CE AEFEtiAEfl TO fN TiiiS CONTRACT Dt1ES !!07 IMCLUflE CpVEAA&E NAL LIAiN`!T!' A#lfl PROPERTY CVCS415606 Lawrence o~T fi4~5 Carlisle Dike Mechanicsburg, 1?,pe 't ~Q~O Phone (~~ l} ~~~=(}2E34 www,lawrencechevy.co~ OlOlICVC5415606 C7 n N w 0 a~ CEt_L: 717-576-Oa GUSTWA[R RC. 17076 AETRS05 C n.~_ ;JIM 19 '' €PFb4 wEf;A E 08/09/12 s~'~CE NLt. cvc5415606 _ ? GF ,~ - E ._ _ _ ~ LICENSE NO ~ _ _ 61'QCK fdC1. CRAIG CURTIS REDI~ND SR 91.00 ~ .3,806 BLACK/BLACK 120860 -~,._... 5 KATIE LN ~rEaH a-- r~eeL ill/CHEVROLET/VOLT/5DN cf v~!trUa3t 0.5/21/12 trL.i Eavrreies 14 CARLISLE PA 17015-9131 ~ __ _..-_..._ ..__.. -- - - s r -- --- -.__ ry_.._....__ H f. C t-i YEH 1 G 1 R D 6 E 4 0 0 0 1 2 1 , aE.LItJG JEA., ^. N6. 5 8 0~ . P :}p,JC7 ON FATE redmond5~comcast.net i 08/03/12 _ r ; ~,,~,- •t~ ~7/-1232 171757--0990 jE# ~50DI5APPEARIfVG ~ ttxc. __ - _ T; , ~ lTfffr ~46UR-- -----------------------•-------•---------------•-- -------- -----------•--- ~?-hv c;nly ~.earraniies. '.f any, applying to ~ 1 27CV7 GLASS MARK. TECHES)a13f5 WARRANTY the parffs} and?ar service are those CUSTOMER STATES REAR WINDOWS ARE DISTORTED, ESPECIALLY AT NI offered by the manufacturer. The selling ~ TECH STATES THAT THERE IS A MiSFORIMTION IN GLASS. deafer "erebv expressly. disclaims all TECH REPLACED BOTH REAR MATCH GLASS warranties, either ex ressed or im lied, f p p including any implied warranties of ARTS-- ----QTY---FP-NUMBER-------•---•---DESCRIPTION-----------_•-------,UNIT PRICE- merchantability or fitness far a particular 1 20913367 WINDOW 12.1$0 WARRANTY purpose. and neither assumes or autha- 1 22827682 WINDOW 12.180 TOTAL - PARTS ~' 0 00 rues any aiher person to assume far it . any liabifi#y ?n connect~n with the sate of ,E,18LET- - • - -POt~- - - - - - - -VEND INV#- iNV.44TE -DESCRIPTION- • • - • • - ....... • - • - - - • - - - - - • - - - - this partESj andfor service, Buyer shalt not 41560b 78 08108/12 REPL GLASS MlARRANTI' be e€ititfed fo recover Pram the setting TOTAL -SUBLET 0.00 deafer a€ay consepuential damages, OB#f 1 TOTALS-••---------------••---------------••---------- damages to prapertt~, damages for loss of use, lass of tiros; loss of profits or ,JOBS` 1 JDIHiNAL PREFIX CVCS 1 TOTAL 0.00 mcame, ar any other incidental damages. 1SCVZ ,~~~M~/SUSPENSION TECH(S):136 WARW4lfiY CUSTOi4q~'STATES THERE IS A THUD IN THE REAR OVER BUMPS, ~4U' ND6 LEf'f SIDE. TEC1 STATES THAT HE DID NOT HEAR THUMP AT THIS TIME. NO-t~PAIRS TODAY. 2 TOTALS•-----•-------------------------------•-••---•-----•-------- - - - - J08itE- - 2 JOURNAL PREFIX CVCS .)OBE 2 TDTAI. , - - - - - O.Oit 3 CHARGES.-------------------- -------•---.-- ---------- ---------- ---- • ---- 3 2fiCVZ ~(TERTi1R TRiH . TE(~ItS3.:~3d - : - - - - -- MtdRRANi7Y ClJ5TOhER STATES. EXTERIOR TRIM ON PASS FRONT DOOR HAS A DIST ORTION iN IT NOLDIN6 IS MISFORMED TECH REPLACED RIGHT FRONT MOLDTNG. ARTS----•=QTY--•FP-fIIJMfiER---•...-------•DESCRIPTION--....---•---..-----UNIT PRICE• 1 20963501 fM0[.f)Il!iG 10.707 WARRANTY T 22808933 MOLDING 10.707 tARRANTY TDTAL -PARTS 0.00. J08~ 3 .JOURNAL PREFIX CVCS J(Jt3~ 3 TOTAL O.OO _- 4 CMARGES--....----------------•-•---------------------...........---•---•-------------- ~ -- w 'SOCYZ -9DRt-•fAS •-E~tIM T)ICHtS~'A WARRANTY CUSTOMER'STATES THltT THE PAINT IS CHIPPED ON THE P }4IR~tlOR ' ~~ PAGE i OF 3 AGC_AUNTING COPY jCONTINDED ON NEXT PAGE] 11:48art1 . ~ ~_ _ CVCS4156Q6 G ~/ ~~~~ ~~II CaI~T aioiicvcsaisso6 ~i4~5 Carlisle Pike Mechanicsburg, ~A 17050 Phone ~~~ ~) ass-f~2~4 vvww.lawrenlce~hevy.com CuSTOhiF.R.NC. 1.~7~~6 ;.dJ!50tt F:a. ^.c~ 7IM 1901 i't?.Vf,4C:E dA7E 08/09/12 `hi~J!Cctx:. tVC5415506 _ __ ' ~ _-_._ _.__r_ ~ _,~.-- -~ ~3SR liALS rlG Fdo-•E fiO - _- -- - - CO~.?~ -----_ _ ___ STpGK Pi0_ CRAIG CURTIS RE©MtNV© SR '---91.00. ..~ ._-_:.__~~._.___.! _ .---- -3,806;BLACKJBLACK _ ..120860:. 5 KATIE LN YEAR BAKE tAOttCt 12/CHEVROLET/VOLT/SDN 13JEi$Y Dg7E 05/21/12 DELIYFRY APLE9 14 CARLISLE, PA 17015-9131 fEft::;LE: LD. NO. roF~ t.tNG dEAi.ER RO. ~RLNJt7C7',c°M" dtiiE ?1 G I R D 6 E 4 0 0 0 1 2 1 5 8 0~ _ 7. f.3. C t5il. -._.____ R O ~~D.TE. __.__._..._.__ recRnondS~-tor--cast.net ~ _ ; 08/03/12 _ °E$!DENCE PnONE---_~ t~/SfN£~SPMONE _.--.~_.___{:.C QhT,tr.N,:~'.a_~.__ .__..- .......__ ,..,,.--_.,,~___,_-_ _____ .._ ._. 7~7-776-1232 '717-579-0990 "#E# SSODISAF'PEARING TECH STATES THAT PAIMT DID NOT HAVE A CHIP.PAINT DID HAVE f~lSC` i ,'."F ; ~`~ VVAP'fTAf~fTtE s A FLJM!I IM IT. REPAINTED MIRROR. The on;y warran#i~a, if any, applying to the parts} Lnd/ar service are those X1Bi~ 4 TOTALS-•---• .:....................---•---...........-•----..-..... affered by the manufacturer. The seising JOBS 4 Jf1URNAl PREFIX CVCS JOBS 4 TOTAf_ 0.00 denier hereby expressly disclaims all X1B~ 5 CHARGES .............. .......... - - • - - - - - - - - • - - - - - ...... - - - - - - - - - - ... - - - - • - - warranties, either expressed ar implied, Encluding any implied warranties of J;BOR-----•---------•-•--------...~_--•---•--•----•----•---•----.....--••----...-.. :'merchantability or fitnessfor a particular >~ 5 28CVZ LOCKS AND L~1T#~ES TECM{5):135 WARRANTY purpose, and neither assumes ar autho- CUSTOl~R STATES. A FEN TIMES IT tiAS BEEN HARD TO RELEASE REA rizes any other person to assume far [t R WITCH KITH BUTTON any Issbility in connection with the sale of TECH STATES TWIT FM-TCH IS WORKING AS IT SHOULD AT THIS TIME. this arts andlor service. Bu r shall net NO REPAIRS NEEDED TODAY. P t } Ye be enttUed to recover #ram the seiting IOBiif 5 TOTALS------•--••---------••-•----•---•-----------------•--••----- deafer any consequential damages; J06i~ 5 JOURNAL PREFIX CVCS JOBS 5 TOTAL 0:00 damages to prcaperh}. damages for loss f~f 6 CFtAR(~5--------------------•------•------------•- :f use, lass of time. kris of profits or income, or any ether incidental damages. uR-------------------•-- ---•------------------ ---------•--••--• 6 30CYZ REt„.,-" "'`` TECHtS):136 WARRANTY CUSTOMER RE(~tiEST ENTERPRISE RENTAL CAR i~' 6 TOTALS-----------------------------------------•------------------ JOB# 6 JOIRtNAI PREFIX CVCS J06# 6 TOTAL 0.00 ;~ 7 CHARGES-----•-------•-'-------------------------------------------------------- ,, 7+~6C ~l • RUOF ~~: t TECN~(SI :136 WARRA,[~(IY~ R STATES TIb1T--ft~RE LOQICS TO BE A DENT IN ROOF TE4'~-STATES THAT TNER IS A MTSFORMATION IN ROOF MiSF15RMATION HAS .BEEN REPAIRED. T TOTALS------------------•--•-•----•----------.,.._....---------•- JOB~ J JOURNAL PREFIX CVCS ,X16# T TOTAL USTOM1Qt HEREBY ACKNOMLEDtyES RECEIVING ORIGINAL ESTIfMTE QF 50.00 {+TAX) G s a L 2 S .~. PAGE 2 OF 3 ACCOUNTING COPY 0.00 1}} I [CONTINUED CiJ NEXT PAGE] tt48am C7 n .p v>, 0 o> 0 ,.:;E .t., tlLEAGEt7liT 1 I.awre ce C'HEUROLET CVCS415606 6445 Carlisle Pilo 1111~hanicsburg, PA 17050 Phone (71 ~`} 766-028 www.lawrencechevy.colt~ t7 c~ 0 a~ OIOIICR7CS4i5606 _ ..-._....- CELL: 7I7-576-09 - .. GU`v'7Ct,TE~HC- ~.4CAIt9flri 1~7a76 lJIM +7~i€t~G_ 19U; ,,.~ Y lN`:G?CE PATE "7~TE tip. 08/09/12 CvC5415606 Ln~ ' L~.'3!i VJ41 E CRAIG CURTIS REDN~ND SR ! 91.00 ~ LK'EhISr kU. 1 t.6 C€h +E ~ a Cat (Xi ~ 570CV ryp, 3, 80fiIBLACK/BLACK j 120860 YERN'Tr1J{hE%l~Et_ _ _ 5 KATIE LN X12/CHEVROLET/VOLT/SaN ._ ... _. i:sEi3YEiiY TSATE ~ UEltVthY hMtE8 -. 05/21/12 ~ 14 CARLISLE PA 17015-9131 t ~ '1€H;::. 1.T" NG. _-_____-_ _.- _ _ _____ F_ ii ~.-, ryE ' ENG. i~c.:Ji -ufs .:,ATE ._.._-._ jl G 1 R D 6 E 4 0 0 0 1 2 1 5 8 0 F ~_. redmond5t~caacast,net ~E~t~ .... ._ ,- ~Pr .......... r ,. __-.__ i _..... .- ,, 08/03/12 ~ fiESFpfNCEP !7€ i9U SS PMOI.E CX3N4dE111&. _. _~'~ 717-7~I6-1232 ~71~/-~79-0990 ;E# ~50DISAPPEARZNG °.. ..,._.__,._ ..._ __ ..<._.._..:_. D[~CLA#t~#EFt C~~ ~'a'~ '=;t~PlT#ES 't**'*********************k****************************** TOTAL 1A80R.... 0,00 ~ #~e aniy v~~arrantles. Et asiy, applying tc k CASH () PERSONAL CHECK t) CK~ ...........:..... * TOTAL PARTS:.... O.OO the part{s) andlor service are thosr? '" * .. INS CK O $. k COMP CK t) #......... TOTAL Sll®LET... TOTAL G O G . O.Ofl 0 00 offered by the manufacturer. The se4#ing . .......... * . . . .. TOTAL MISC CHG. . . O.Ob dealer hereby expressly disclaims all + PISA () MC {) AMEX {) DISC t) * TOTAL MISC DISC 0.04 warranties, either expressed or imp#ied, "' * TOTAL TAX...... O.OU including any implied warranties of k CilAitGE t) * - - - - - • - - merchantability or f#tness for a particular F RECEIVED BY ................. {]ATE..... .... * * TOTAL 1llt#1lOICE s 0.00. purpose, and neither assumes or autfio- `**~"'k'k'k't***~*'-~,"`*~'""'t`***'"'k'' *'t'k***'k'~"t'k'"`* r#zes any other person to assume far lit k* YOU MAY RECEIVE A SURVEY FROM GENERAL. MOTORS ** any ([ability in connection with the sate Qf +* REGARDING THIS SERVICE VISIT. If YOU CANNOT ** this part{s} andlor service. Buyer sha#i not . ~* ANSWER "{X) COt~'LETELY SATISFIED'" TO AN QUESTION be entitled to recover from the selling k* PLEASE CONTACT JIM BAR80R, I WILL i3E HAPPY TO HELP ** dealer any consequential damages, damages to property, damages for loss of l,,ve, lass of time, loss. of profits income, or any other incidental damages'. I i U i w Y ~, PAGE 3 OF 3 ACCOUNTING COPY [ END OF INVOICE j 11:46am btN_E'x1GE tK ! ApLEAi3EOtfl' CrlCi7~7 n 6445 Carlisle Pike Mechanica~burg, PA 17454 Phone (717j 7fifi-Q2 .~'i wwwaawrencechev~r.cen~ ag i s i ` ~7 C Ll_: 7 7-57 - 0 C NO. Af7vi TAG HEl k ~ FIVDIGE :~~ YIV6f FKJ. CVCS416797 , a h ~ ` ~ ~ ~ ~1 rseoo~a_ , `~ ,~ "u ., nau~7F+rrai~s PA 19f~5-911 ~ _.:.t.y~,_>r__~.._._ CAcRLTS~ E ~_ 14 . , VEHICIE'~.O. roO 1 G 1 R D 6 E 4 0 0 0 1 2 1 5 8 0 3E LfYO DFASPR #7. PRODgICfIrNl ~ATc , : . ~~ ;, ,. ~ ~. s r' ~~ .. i ~~ = I ~ k ,i , , ~ , .. ~ ~, r ,,', ,:. a ~, . ~,, ~, ~t<r < ~ -~~~~~"9~~ , The only warrar~iss, if any, applying to the parts} and/or sarvic® are those ' t~ '' ~' ~{~~ ' `: , . offered. by #te manufacturer. The Belting , ~~t~`' ~ ~ff`~ t~d~E'',CAUSF~ deai~r fraret~y expressly disclaims all '' ~ ~ ~' I warranties, ether expressed or implied, , ' ., . ~ Cd9tlULE FUSE fifi0 F11~ ,, , , 1 Including arty implied warranties of . _.,, t ~ merchantabitity ar fitness for a particular i < ~ <, A[~5_ . . _ .i~ T'$~ fill. - - - .. - ~ -'- - >+iUN, : ............. I~ ~ purpose, and Itelther assumes or autho- dzes any other person to assume for it f X483 : ' > any liability m connection with the sale of '. _ F(? F RL f AR TS t ~ ,. this partfs) andfor service. Buyer shall not ~, ~,~~~~? --.....•--~'---•-~--• ............................• be entitled to recover from the selling Jim T ,JOURNAL PREFIX CYCS .3(!f~ 1 TOTAL ~~ dealer any corsequential damages, damages to property, damages for loss ps. i ~_ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ of use, loss of rime, koss of profits or .~ ~ income, or any a#ter incidental damages. t tx+~EF~~~~~ ~.a~ A ... ....... * TQ UBtET .. t1. "!~!~f ~}'i ' ~IN~ CK O ~........... * T: .6„06 0. ¢0 ,..,~:. x 0. DO 5~;~t C) '~i~~SC ( ) DSSC 0 ~~ p.q ~f~ ; o..oo } 1 ~ u...w.l~.t~lw~4...w.v~w.»,..~'w~re~.s+~givaa~rwr4il~en+.IFO1 e W 1 j 7 ` , ~ r 6 {Nf~l.'p is ;~ r.l ~, - ' * U G P L K A T E I N Y Q I C E *'R****trxx,txxxxx,kx#iw~Qalkitxxx ~.- .. MiIEAGE.M MILEN3E Ot1T , ~ ~ ~~. O - S' .. t 3 f ~~ I ` L ~ J~ ul ' f ''. ` S ~ ~ ~~~ ~r ~• ~i~ ~ i ~ ~ r~A}~ ~`rj,.. r r~. ~ ~r.~!~'YtL`i~'r ~_ bF. tNvlDi~~ } oT;~?am ' '~ 00 .~ N N1 O O ~ M' S 1D CD fV .~ P'1 *+ M H ~~~~~P~ ~~, ~~ m ~ ~~~~ O M~ O N~ P O g ~ S trytf ~ N ~ NF Y! ilP M F F- F- F- N g 8 g~ 8 V' V' N ~ N M ~ W Q m A 6 H N 0 > :~ ~ ~~~ ~ ~ ~ ~~ ~~ ~. ~ ~~~ ~~a ~~ 9 ~ ~~ ~ ~ ~ ~ ~ ~~~~ .r N M 'T IA tp I~ CD O~ ~ .~i H ~ .~i .~ O ~ $ Q, ~O III I K } ~ d ~ ~ 0 Fine Line Auto Body 1748 West Trindle Rd., Carlisle, PA 17015 (717) 241,2225 Email: finegrt•wtobocly~corncast.net Tax ID: 043706373 Damage Assessed By: R Bankyr L.IC>M474537 Mductible: 0.00 Claim Number: 7798 Owner: CRAIG REDMOND Address: 5 KATtE LN, CARLMiLE, PA 17015 Telephone: Home Phone: (717) 576-0990 Date: 7l EstimaN ID: 7798 Estimate Verson: 0 PrelfmMary Profile ID: Stan Mitchell Service: 911335 Description: 2012 Chevrolet VoR Body Style: 4D HB Drive Train: 1.4L Inj 4 Cyl AT FWD VIN: 1G1RD6E40CU721S80 License: CCR 1 PA Mileage: 2,138 OEM/ALT: A Search Code: 8843750 Coio-: BLACK Options: fjA1~ENl3ER ANtBAG, DRIVER AIRBAG, POWER LOCK, POWER MNNDOW, REAR WMiDOW DEFOGGER CRLJNI~ COlfTR~, TN.T STEERING COLUMN, TELESCOPLC STEERBLG COt.tIMN ANTI`#dDCK BRAKE BYS., TRACTION CONTROL, POG LIGHTS. ALUMIALLOY YMFIEEL.S E IGMTt0l4,r At,BULLARY INPUT. SATELLffE RADIO. FRONT AIR DAM, TINTED GLASS AUTO AIR CCMIDITKNt, TRIP CGMPUTER, TEI.ENlATIC SYST@IIAS GARAGE Ot~OR OPENER,. VARLABLE ASSISTED SIEERBIG, StpE AIRBAGS ALiTOYIATIC HE/IDI.K3NTS. BITERK)R AUTOMATLC DAY~Nt?4ffi OR L~LECTROCIIROMATK: MIRROR 597E t1iU1D CURTAN!1 AIf~ARi3, VEH~LE THEFT TRACKLNG/NDTIACItTWN DAYTLME,RUNNINti LNiHT3, AM1FM STEREO CDANP3 PLAYER, ELECTRONIC STABILITY CONTROL. FRONT BUNT SEATS, KEYLESS ENTRY SYSTEM, POYYER flISC 11R1kKE POKIER HEATED EXTERIOR MIRRORS, REAR SPOILER, STEERING WHEEL AUDIO CONTROLS Line Entry Labor LMe IEem part Type! Item Number Type Operatbn Description Part Number 1 101485 BOY Front Bumper OVERHAUL Frt Bumper Cover Assy 2 100347 BDY REPAIR Frt Bumper Cover ExistMg 3 DISTORTED L.MIE ON RT SIDE 4 REF REFINISWREPAIR Frt Bumper Cover 5 MOD~IED REFINISH WRH FULL CLEAR COAT F F d 8 100079 BOY ront en er REMOVEANSTALL R Frt Fender Liner 7 400080 BDY REMOVEANSTALL L Frt Fender Liner F 8 101703 BDY ront Door REPAIR R Frt Door Rear View MMror Existing 9 REF REFINISH R Frt Door Mirror 10 CHLP AT LFT FRT EDGE OF MEtftOR 11 100248 BDY REMQVEIREPL.ACE R Frt Otr Door Belt Moulding 22763718 GM PART 12 BDY REMOVEANSTALL R Frt Door Trim Panel 13 101030 BDY Roof REPAIR Roof Panel Existing 14 SMALL DENT ON RT SIDE 15 REF REFMiSWREPAIR Roof Panel 18 MOD~IED REFINISH WITH FULL CLEAR COAT 17 100808 BDY REMOVEANSTALL R Roof Moulding ESTNNATE RECALL MUMBER: 07/031261210:16:25 7798 Mitchell Data Version: OEM: MAY 12 V Copyright (C)1994 -2012 Mi6che11 Irrtemational SoRware Verson: 7.0.441 A9 Rights Reserved 312012 1T:°' dard Dollar Labor Amount Unhs 2.9 IR 1.0" II C T.B• INC INC 0.5' A C 0.5 76.72 0.3 ax 0.4 1.0• C 2.4• 0.3 Page 1 of 3 Dab: 7131201212::' Estimab ID: 7798 Estimate Version: 0 PrellmMary Profib ID: Standard 18 . ,0.109 BDY REMOYEANSTALL L Root Moulding ~.~ 19 100910 BDY R~AOVE/1NSTALL Anbnna Base 0.4 # 20 BDY REMOVEANSTALL Roof Headlinm 2.8 Rear Lamps 21 100078 BDY REMOVEANSTALL Back-Up Lamp INC # 22 100991 BDY REMOVEANSTALL R Lkense Lamp INC # 23 100992 BDY REMOVEANSTALL L Llcenss Lamp INC # Rear Bumper 24 100913 BDY OVERHAUL Rear Bumper Cover Assy 1.8 # 25 100519 BDY REPAIR Rear Bumper Cover Existing 2.0' # 26 27 REF 28 29 938014 REFINISFUREPAIR ADD'L COST 30 REF ADD'L OPR 31 900 500 REF ' REFINISH/REPAIR 32 33 900 500 BDY ' REPAIR 34 ADD'L COST 3S ADD'L COST DISRORTED LINES IN BUMPER Rear Bumper Cover MODIFIED REFINISH WITH FULL CLEAR COAT Flex Additlve Clem Coat DENIB /BUFF !POLISH .3 PER TOP PANEL / .1 PER SIDE PANEL MASK FOR OVERSRAY PaintlMaterhls Hazardous Waste Disposal ' - Jud~trtent kem ~ -Labor Note Applies C - Included in Clear Coat Calc 8.00 Existing 0.5' " QUAL REPL PART 10.00 ' 0.3' 316.40 ' 3.00 ' U1traMate Abbreviations: Labor Type: BDY=Body BDS=Body Structure R8F=R+efinish GLS=Glasa FR1teFraale DlCH~Mechanical Operation: Add'1 Cost~Additional Cost Add'1 Opr~Additional Operation Line Item Description: Frt=Front RRaRear L=Left R=Right Upr=tJpper LMnLorrer Otr=Outer Inr=Inner Assy~asetabiy 3usp=3uspenaion Ext~xtenaion Brkt=Bracket Inat=Instrutsent ATC~Assembly Time Guide PartType/Partihmlber: Qual Repl Part=Quality Replacement Part Qual Recycled Part=Qualty Recycled Part Estimate Totals Add'I L b S bl 1. Labor SublobM ih~tb Rab or a u et Amount Amount Totsls II. Part Rsplaarnsnt Summary Body 14A IRIO 0.00 0.00 872.00 T TaxabN Pmts RetMish 11.3 46.00 0.00 0.00 542.40 T SaNs Tax ~ Taxable Labor 1,214.40 Toth Replacement Parts Amount Labor Tax ~ 6.000 % 72.88 Labor Summary 25.3 1,287.28 ESTIMATE RECALL NUMBER: 07103/2012 10:18:25 7798 MltcMll Data Versferc OEM: MAY_13 V Copyright (C)1994 -2012 MMeMU Irrbsrnatlonal Software Version: 7.0.4N All Rights Reserved B.000SG C 2.7* 2.4 Amount 88.72 5.20 91.92 Page 2 of 3 0 III. Additional Costs Taxable Costs Sales Tax ~ 6.OOON. Total Additonal Costs Pafnt Materlat Matl~od: Ralss InR Rate ^ 28.00 , Mlt Max Hours =99.9, Addi Rate = 0.00 Date: 713/201212.:' Esdmale W: 7798 Estimate Version: 0 Preliminary Profile tD: Standard Amount IV. AdjustmerHs 32T.40 Insurance Deductible 19.64 Customer Responsibility 347.04 I. Tots! Labor: II. ToW Replacement Pads: NI. Total Addtonal Costs: (arose Total: IV. Toted AdjustmsMs: Net Total: This is a nn~nittisnr aitbirtate. A~at chansates tc- the estimate may be PeOfJil+et~ tnr the actual rec~air. Polnt~s) of Impact 16 Non-COHision (F'~ Insurance Co: Owner PayMg THANR YtJU ESTfMATE,RRGAII litJ: @TIOQ1201210:18:25 7798 Mi~all Dab Ver:ior~: OEM: MAY 12 V - - CoPyN9Nt (C)1994 -2012 Mitet+ell International Software Verson: 7.0.M1 AH RIgMs Reserved Amount 0.00 0.00 1,287.26 91.92 34a.o4 1,728.22 0.00 1,728.22 Page 3 of 3 DAVID J. GORBERG & ASSOCIAT ES, P.C. By: DAVID J. GORBERG Identification No.: 5304 32 Parking Plaza Suite 700 Ardmore. PA 19003 21 a-66~-7660 CRAIG REDMOND 5 Katie Lane Carlisle. PA 17015 vs. GENERAL. MOTORS, LLC c/o CSC 2595 Interstate Drive Ste. 103 Harrisburg., PA 17110 and LAWRENCE CHEVR~_OLET, INC 6445 Carlisle Pike Mechanicsburg, PA 17055 Attorney for Plaintiff COURT OF C0IVIMON PLEAS CUIvIBERLAND COUNTY rtr o ~' --~ ~~ p~; ~ _~a~„ ~ N ~~ ~o. 3 ~ _~``~ _~- .r- :. NO.2012-6179 Civil Term MOTION OF PLAINTIFF FOR LEAVE TO AMEND COMPLAINT TO AMEND THE BODY OF THE CIVIL ACTION COMPLAINT Plaintiff, Craig; Redmond, by and through his attorneys, David J. Gorberg & Associates, hereby moves this Court pursuant to Pennsylvania Rule of Civil Procedure l 033 for Leave to amend the Complaint to correct the body of the Civil Action complaint and, in support thereof, avers as follows: 1. Plaintiff filed a Complaint against Defendants on or about October 5, 2012. A true and correct co~p~~ of Plaintiff s original Complaint is attached hereto and marked as Exhibit "A". 2. Plaintiff's Complaint asserts violations of the Pennsylvania Automobile Lemon Law, Recission,`Revocation for Material Misrepresentation of Facts, the Peruzsylvania Unfair Trade Practices anal Consumer Protection Law, Fraud and Deceit., Breach of Irnplied Warranty of Merchantability, Breach of Implied Warranty of Fitness for Particular Use, the Magnuson Moss Warranty A.ct, Negligent Misrepresentation, and the New Motor Vehicle Damage Disclosure Act, in connection with Plaintiff's purchase of a new 20l 2 Chevrolet Volt ,manufactured .and warranted by General Motors, LLC, and sold by Lawrence Chevrolet, Inc. 3. Plaintiff s original Complaint does not identify which defendant or defendants against whom each count is brought. 4, Accordingly, Plaintiff's Complaint needs to be amended to identify which defendant or defendants against whom each count is brought. A copy of the proposed Amended (:'omplaint is attached hereto as Exhibit `B ". ~ Pennsylvania Rule of Civil Procedure 1033 provides that, with leave of Court, a party may at any time change the form of action, correct the name of a party or amend his pleading. 6 There has been no undue delay in requesting an arendment pursuant to Pennsylvania Rule of Civil Procedure 1033 and no undue prejudice will result from the allowance of'such an amendment. 7 However, great prejudice will result to Plaintiff if he is not permitted to amend the Complaint, as Plaintiff will, in effect, be denied possible rights of recovery. W1-IEREFORI?, Plaintiff respectfully requests this Honorable Court to enter the proposed Order granting Plaintiff's Motion to Amend his Complaint. DAVID J. GORBERG & ASSO~I~E~S, P.C. ~~ ~~~ BY: / 1'~a.vid ~ 'y g_ a . Gorberg, Esquire Attorney for Plaintiff DAVID J. GORBERG & ASSOCIATF.,S, P.C. By: DAVID .I. GORBERG Identification No.: 53084 32 Parking Plaza Suite 700 Ardmore. PA 19003 215-665-7660 CRAIG REDMOND 5 Katie Lane Carlisle. PA 17015 vs. GENERAL, 'v10TORS, LLC c/o CSC: 2595 Interstate Drive Ste. 103 Harrisburg.. I'A 17110 and LAWRENCE CHEVROLET, INC 6445 Carlisle Pike Mechanicsburg, PA 1",'055 Attorney for Plaintiff COURT OF CO'VIMON PLF,A.S CUMBERLAND COUNTY NO. 2012-6179 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND THE BODY OF HIS COMPLAINT I. BACKGROUND On or about May 21, 2012, Plaintiff purchased a new 2012 Chevrolet Volt, rnanufactured and warranted by General Motors, LLC, and sold by Lawrence Chevrolet, Inc. After taking possession of the subject vehicle, Plaintiff began experiencing nonconformities and defects, including, but not limited to, prior body damage. On or about October 5, 2012. Plaintiff filed a Complaint: against Defendants. A true and correct copy of Plaintiff's original Complaint is attached hereto and marked as Exhibit "A". Plaintiff's Complaint asserts violations of the Pennsylvania Automobile Lemon Law, Recission/Revocation for Material Misrepresentation of Facts, the Pennsylvania Unfair Trade Practices and Consumer Protection Law, Fraud ,and Deceit, Breach of Implied Warranty of Merchantability, Breach of Implied Warranty of Fitne~;s for Particular Use, the Magnuson Moss Warranty Act, Negligent Misrepre sentation, and the New Motor Vehicle Damage Disclosure Act. Plaintiff s original Complaint does not identnl'v which defendant or defendants against whom each count is brought. Accordingly, Plaintiff ~ C'omplaint needs be amended to include this information. A copy of the proposed Amended Complaint is attached hereto as Exhibit `B ". II. LEGAL ARGUMENT Pennsylvania F;ule of Civil Procedure 1033 provides: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occun•ences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action, or defense. An amendment may be made 1:o conform the pleading to the evidence offered or admitted. Rule 1033. AMENDMENT Motions to amend a pleading are liberally granted, except where surprise or prejudice to the other party would result, or where the amendment is against a positive nzle of lava. Pesternack v. American Gas Co. of Reading, 421 Pa. 21, 218 A.2d 350 (1966). In the instant case, Plaintiff seeks only to identify which defendant or defendants against whom each count is brought. There has been no undue delay in requesting an amendment pursuant to Pennsylvania Rule of Civil Procedure 1033 and no undue iprejudice will result from the allowance of such an amendment.. However, great prejudice will result to Plaintiff if he is not permitted to amend the Complaint, as Plaintiff may, in ei°fect, be denied possible rights of recover}~. III. CONCLUSI01~1 Plaintiff s Motion for Leave to Amend the Complaint should be granted in accordance with Pennsylvania Rule of Civil Procedure 1033, as it has not been brought in bad faith, there had been no undue delay, and Defendant will not suffer undue prejudice. Wherefore, Plaintiff respectfidly requests that this Honorable Court enter the proposed Order, granting Plaintiff's Motion for Leave to Amend the Complaint. DAVID J. GORBERG & ~6CIATE S, P.C. ~., ~ __ BY: /s kd J. G-~ avid J. Gorberg, Esquire Attorney for Plaintiff DAVID J. GORBERG & ASSOCIA'T'ES, P.C. By: DAVID J. GORBERG Identification No.: 53084 32 Parking Plaza Suite 700 Ardmore, F'A 19003 215-665-7660 CRAIG REDMOND 5 Katie Lane Carlisle, PA ].7015 vs. GENERAL MOTORS, LLC c/o CSC 2595 Interstate Drive Ste. 103 Harrisburg. PA 17110 and LAWRENCE CHEVROLET, INC 6445 Carlisle Pike Mechanicsburg, PA 1'7055 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2012-6179 Civil Term CERTIFICATE OF SERVICE I, David J. Gorberg, do hereby certify that service of a true and correct copy of the within Motion for Leave to Amend Complaint was made on the _19th of October, 2012 to the below listed ~art~ies via regular first class mail: GENERAL MOTOS, LLC C/O CSC 2595 Interstate Drive Ste. 103 Harrisburg, PA 17110 LAWRENCE CHE~JROLET, INC 6445 Carlisle Pike Mechanicsburg, PA 1705 DAVID J. GORBERG ,~SOC ., , P.C. ~, BY: David J. Gorberg, Esquire Attorney for Plaintifj:~ Date: Supreme Co "~' ~ ~ ~ • ennsylvania Cou fr,~Q~11I>l~0 , ~ leas CUMBERLAND!- `°' ~' COUA~' For 1'rottionotary Use Only: DockefNo: . The i1~~ormntion collected on this jvrm is used snlela Jor• court udlrlinistrntion pur,puses. This frtlrn) does not .,.,le.,,...,t „r rnntn.w tbe. /ilir~o unit cvrvi~•u r11~nlvn/IIM UC Ar OIl)Pr MlJAPI'.C dS rP.atllT!{d 1)v IaYV Ol" rlll CAS D~COlIr/. . Commencemend of Action: ` ~ Complaint ^ WritofSummons ®Petition © Transfer from Another Jurisdiction ^ Declaration of Taking ' Lead Plaintiff's Name: Lead Defendant's Name: CRAIG REDMOND GENERAL MOTO , LLC, et al Are money damages requested? ~ Yes ©No . Dollar Amount R ested: t,7~ within arbitration limits (check on ®outside arbitration limits Is this a Class Action Suit? ©Yes ©No is this an MDJ Appeal? ~ Yes ~ No Name of~laintiff/Appellant's Attorney: OAV)D J. GORBERG ^ Check. here if you have no attorney (are aSelf-Represented ~-Pro Set Litigant) fl~tlc ~e,sct;~besyqur ,n'e~`~•1~'at :. ~ i TORT (do »ot include Mass Tort) ^ ]ntentional © Malicious Prosecution ^ Motor Vehicle ^ Nuisance ^ Premises Liability ® Product Liability (does not include mass sort) ^ Slander/Libel/ Defamation ® Other: MASS TORT' ^ Asbestos ^ Tobacco ^ Toxic Tort -DES ^ Toxic Tort -Implant ^ Toxic Waste ^ Other: PROFESSIONAL LIABLITY ^ Dental ^ Legal [] Medical ^ Other Professional: CONTRACT (do nor include Judgments) ® Buyer Plaintiff ^ Debt Collection: Credit Card © Debt Collection: Other ^ Employment Dispute: Discrimination ^ Employment Dispute: Other ^ Other: REAL PROPERTY Q Ejectment ^ Eminent DomainlCondemnation ® Ground Rent ® LandlorcUTenant Dispute ^ Mortgage Foreclosure: Residential ^ Mortgage Foreclosure: Commercial ® Partition ^ Quiet Title ^ Other: MISCELLANEOUS ^ Common Law/Statutory Arbitration ^ Declaratory Judgment Mandamus Non-Domestic Relations Restraining Order ^ Quo Warranto Q Replevin ~^ Other: ~~ CI'V1L APPEALS Administrative Agencies ^ Board of Assessment ^ Board of Elections Dept. of Transportation Statutory Appeal: Other ^ Zoning Board ^ Other: Updared I/1/l011 C= `~ ~ ."O 1 ~ N Z -: . T' fTl ~ ~ ~xi ~ ---1 r- T;:. nr~ ~ x y~ c -~ ~ ~ -a c~ x- y -- ~ ~ ; 3 ~ ~.; ' Ty E. . .. :..~ ~ ~ 1 Craig Redmond Plaintiff General Motors, LLC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.~ (oI ?~ ~o Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. 1F YOU WISH TO DEf~END 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 AN ATTURNEY AND FILLING 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THIS 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 PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A7' ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 TRUE COPY FROM RECORD M Testimony wltsneoi, l here unto set my hared end the t~ d srd Co n a Carl>ete, Pa. Thee o1 , 20~._ ~6 tlota<1l C t` 1 ~!~ : wi ti : l . :~~ '-i:3f~ ~~i~ ~C'~f!iyY~t-ft~ .h-3 ,~..l:ii'd~~ld h1iOJ~tIfB8~018~._s~(1t hn® ~ t .. Craig Redmond Plaintiff Lawrence Chevrolet, Inc. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO zo Civil Term NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YC)U 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 FILLING 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 W[THOUT YOU AND A JUDGEMENT 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. YOLI MAY LOSE MONEY OR PEOPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THiS PAPER TO YOUR LAWYER A'T ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Attorney for Plaintiffs Identification No. 53084 32 Pazking Plaza, Suite 700 Ardmore, PA 19003 (215) 665-7660 CRAIG REDMOND 5 Katie Lane Carlisle, PA 17015 vs.. GENERAL. MOTORS, LLC c/o CSC 2595 Interstate Drive Ste. ] 03 Harrisburg, PA 17110 and LAWRENCE CHEVROLET, INC 6445 Cazlisle Pike Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND C;OUNTY NO. COMPLAINT 1. Plaintiff, Craig Redmond, is arl adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing at 5 Katie Lane, Carlisle, PA 17015. 2. Defendant, General Motors, LLC, is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania and can be served at c/o CSC, 2595 Interstate Drive, Suite 103, Harrisburg, PA 17110. 2(a.). Defendant, Lawrence, Chevrolet, Inc, is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania with its legal residence and principal place of business located at 6445 Carlisle Pike, Mechanicsburg, PA 7055. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 through 3 as fully as if set forth here length. 4. On or about May 21, 2012, Plaintiffpurchased anew 2012 Chevrolet Volt from defendant, Lawrence Chevrolet, Inc. the Vehicle Identification Number IGIRD6E40C1:f 121580. The vehicle: was purchased in in the Commonwealth of Pennsylvania and registered in the State of New Jersey. 5. The price of the vehicle, including registration charges, dc-cument fees, sales tax, finance and bank charges bui excluding, other collateral charges not specified, more than $47,038.93. 6. At the time described above, plaintiffdiscussed the 2012 Chevrolet Volt at great length with defendant's sales agent and/or authorized representative. 7. In the conversation described above, plaintiff informed defendant, inter alia, through it's sales agent and or authorized representative, that: a. they wanted to buy a car that would 'be reliable for transportation. to drive to work from home, b. they did not want a car with a lot of :mechanical problems, and c. they wanted a car that was free from any and all prior body damage, scratches, and or paint defects. 8. Plaintiffs relied on defendant through it's sales agent and/'or authorized representative to select and furnish a suitable car to meet the needs described above. 9. Defendant through it's sales agent and/or authorized representative knew at the time of the sale that plaintiffs was relying upon it to select and furnish a suitable car to meet the needs described above. 10. In consideration of the purchase price, Plaintiffs acquired from Defendant, "General Motors, LLC" an original "Warranty" covering said vehicle for three (3) years or thirty-six thousand {36,000.00) miles. 1 l . On or about May 21, 2012 Plaintiff took possession of the above mentioned vehicle and experienced nonconformities, consisting of, but not limited to, prior body damage. Copies of plaintiff's supporting documents are attached hereto. 12. Plaintiffs aver the vehicle has been subject to repair more than three (3) times for the same nonconformity, consisting of, but not limited to, prior damage, defective paint, and defective electrical system and the nonconformity remains uncorrected. 13. Plaintiffs aver that as a result of the ineffective repair attempts made by Defendant "General Motors, LLC", through its authorized dealer "Lawrence Chevrolet, Inc", the vehicle cannot be utilized for the purposes intended by Plaintiff at the time of acquisition and as such, the vehicle is wort)tless. l4. The vehicle continues to exhibit defects, consisting of, but not limited to defective paint, and nonconformiiies which substantially impair it's use, value and/or safety. 15. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and/or nonconformities for which the defendant did maintain records. 16. Plaintiff avers that all defendants had knowledge of the defective condition of the prior body damage prior to plaintiffs purchase of the vehicle 17. Plaintifl'seeks relief for losses due to the nonconformities and defects in the above mentioned vehicle in addition to attorney fees and all court costs. COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW CLAIM 18. Plaintiffhereby incorporates all facts and allegations set forth in this Cc-mplaint by reference as if fully set forth at length herein. 19. Plaintiff is a "Purchaser" as defined by 73 P.S. §1952. 20. Defendant is a "Manufacturer" as defined by 73 P.S, § l 952. 21. Plaintiffs vehicle is a "New Motor Vehicle"' as defined b}~ 73 P.S. §1952,. 22. Said vehicle experienced non conformities within the first year of purchase, which substantially impairs the use, value and safety of said vehicle. 23. Defendant failed to correct and or repair said nonconformities. 24. The vehicle continues to exhibit defects and nonconformities which substantially impair it's use, value and/or safety. 25. Defendant does not require participation in any informal dispute settlement program prior to filing suit. 26. As a direct and proximate result of Defendant's failure to repair the nonconformities , Plaintiffhas suffered damages and, in accordance with 73 P.S. §1958, Plaintiff is entitled to bring suit: for such damages and other legal and equitable relief. Wherefore, plaintiffprays for an Order requiring the defendant to return all funds plaintiff has paid in connection with its purchase pursuant to the lemon law; plaintiff prays defendants be denied any allowance for plaintiff s use of the vehicle, and that plaintiff receive such incidental and consequential damages as the evidence :>hall sustain. COUNT II Rescission/Revocation for Material Misrepresentation of Facts 27. Plaintiff incorporates herein by reference as though fully set forth the allegations in the preceding paragraphs of this Complaint. 28. Defendant's representations that the car had no prior body damage and had no history of repair were false and misleading, and constitute a misrepresentation of material fact. 29. Plaintiff' justifiably relied upon aforesaid material facts as :represented by defendant, as a result of which he agreed to purchase the vehicle and sustained losses and damages set forth above. 30. Had Plaintiff known that the car had sustained significant accident damage, he would not have purchased the vehicle. 31. Defendant unlawfully refused to honor plaintiffs tender of the caz and provide a refund of all funds paid. Wherefore, plaintiff prays for an Order rescinding/revoking his p~uchase of the vehicle and requiring the defendant to be required to return all funds plaintiffhas paid in connection with its purchase; plaintiffprays defendants be denied any allowance for plaintiff's use of the vehicle, and that plaintiff receive such incidental and consequential damages as the evidence shall sustain. COUNT lIl Pennsylvania Consumer Protection Law and Unfair Trade and Practices Act 32. Plaintiff hereby incorporates all facts and allf:gations set forth in this Complaint by reference as if fully set forth at length herein. 33. Plaintiff justifiably relied on defendant's representations that the car had no body damage anti had no history of repair. 34. Contrary to defendant's representations as aforesaid, the car had sustained extensive damage prior to his purchase. 35. The aforesaid representations constitute false and misleading statements and representations about the car, in violation of Pennsylvania Consumer Protection Law and Unfair Trade and Practices Act. 36 Defendant's failwe to disclose the history oi'collision damage and repair, constituted a failwe to state material facts, which tended to and did deceive plaintiff, who had no knowledge or any problems with the vehicle. The foregoing violates the Pennsylvania (:onsumer Protection Law and Unfair Trade and Practices Act. 37. Had Plaintiff known that the car had sustained significant accident damage he would not have pwchased the vehicle. 38. As a result of defendant's misrepresentations, and it's failure to state material facts, all in violation of Pennsylvania Consumer Protection Law and Unfair Trade and Practices Act, plaintiff' agreed to pwchase the caz and sustained losses and damages set forth above. Wherefore, plaintiff prays for an Order rescinding his purchase of the vehicle on the grounds of defendant's unlawful trade practices, enter an Order requiring the defendant to return all funds plaintiffhas paid in connection with its purchase; deny any allowance for plaintiffs use of the vehicle, and enter judgment in favor of the plaintifff~or such incidental and consequential damages as the evidence shall sustain, alternatively plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00, phus interest, costs, reasonable attorney fees, treble damages and such other further relief as may be just and proper. COUNT IV Fraud and Deceit 39. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set. forth at length herein 40. Plaintiff avers on information and belief that defendant knew the vehicle had sustained damage, or knew the existence of paint defects, lprior to it represented to plaintiff that the vehicle had no body damage. 41. At the tame defendant made these representations, it knew they were false or it made these representations with reckless indifference to the truth, for the: sole purpose r.~f defrauding plaintiff and intending that plaintiff accept it's representations and act in reliance upon it's representations. 42. As a result of plaintiff's reliance upon defendant's representations, plaintiff was induced to purchase the vehicle and sustained damages set forth above. 43. Plaintiff avers on information and belief that defendant (l) intentionally concealed or failed to disclose the material fact that the caz had sustained prior body damage. 44. Defendant concealed or failed to disclose the aforesaid material facts intending to deceive plaintiff and to induce him to act differently from how plaintiff ~~vould have acted had he known the true facts. 45. Because of defendant's concealment or failure to disclose the aforesaid material facts, plaintiff acted in a manner different then how he would have acted laad he known the true facts. 46. Defendant made the aforesaid material misrepresentations;, and concealed or failed to disclose the aforementioned facts, with actual malice toward the plaintiff. WHEREFORE, plaintiffdemands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00 ,plus punitive damages in such amount as the jury shall find is needed to punish defendant and deter it and other car dealers from engaging in similar acts, plus interest, costs and reasonable attorney fees. COUNT V Breach of ImQlied Warranty of Merchantability 47 Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 48.. Defendant sold plaintiff a vehicle which was not merchantable, in that the car would not pass without objection in the trade as an undamaged car and was not fit for the ordinary purposes for it is used. 49. As a result of defendant's breach of implied warranty of merchantability, plaintiff sustained damages as set forth above. WHEREFORE, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00 plus costs and interest. COUNT VI Breach of Implied Warranty of Fitness for Particular Use 50. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 51. At the time the purchase contract was signed defendant had reason to know that plaintiff required a vehicle free from body damage or history of repair anti that plaintifl~ was relying on defendant's skill and judgment to furnish said vehicle. 52. As result of defendant's breach of implied warranty for a particular use, plaintiff sustained damages as set forth above. WHEREFORE, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00, plus costs and interest. COUNT VII Magnuson-Moss Warranty Act 53. Plaintiff hereby incorporates all facts and allegations set faith in this Camplaint by reference as if fully set, forth at length herein 54. Defendant's failure to honor plaintiffs rescission/revocation of acceptance, it's breach of implied warranty to merchantability and it breach of warranty of fitness for a particular use violates the Magnuson-Moss Warranty Act, IS U.S.C. Section 2301 et seq., and in particular, l5 U.S.C. Section 2310, as direct and proximate result of which plaintiff'sustained the losses and damages aforesaid. WHEREFORE, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00 ,plus costs, interests and expenses including reasonable attorney fees. COUNT VIII Negligent Misrepresentation 55. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein Sb. Plaintiff'avers on information and belief that defendant knew or should taave known the vehicle had sustained damage and repair prior to plaintiff's purchase. 57. Defendant negligently failed to inform plaintiff of the collision repair prior to plaintiff's purchase. 58. As a result of defendant's negligent conduct as aforesaid, ;plaintiff was uninformed about the vehicle's prior history, agreed to purchase a caz he otherwise would not have purchased, and sustained the other injuries and damages set forth above. WHEREFORE;, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00 plus costs, interests, treble damages and expenses including reasonable attorney fees. COUNT VIV New Motor Vehicle Damage Disclosure Act (Pa Stat. Ann tit. 73 Sections 1970.1 to 1970.8 59, Plaintiff hereby incorporates all facts and allegations set fbrth in this Complaint by reference as if fully sei forth at length herein 60. Plaintiff avers on information and belief that defendants knew or should have known the vehicle had sustained damage in excess of $500.00 prior to it"s sale. 61. Defendants failed to comply with the New Motor Vehicle Damage Disclosure Act by providing the required the written notice prior to sale. 62. Defendants violate the New Motor Vehicle :Damage Disclosure Act by misrepresenting the condition of the car prior to sale. Wherefore, plaintiff prays for an Order rescinding/revoking his purchase of the vehicle and requiring the defendants to return all funds plaintiff has paid in comiection with its pwchase; plaintiff prays defendants be denied any allowance for plaintiff's use of the vehicle, and that plaintiff receive such incidental and consequential damages as the evidence shall sustain plus costs, interests, treble damages and expenses including reasonable attorney fees. DAVID J. GORBERG SSOC „ P.C. BY: DAVI ~ORBERG, ESQUIRE Attorney for Plaintiff VERIFICATIGIV The undersigned, after having read the attached pleading verifies that the within Civil Action Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Civil Action Complaint is that of counsel and not of signer. Signer verifies that he has read the within Civil Action Complaint and that they are true and correct to the best of the signer's knowledge, information and belief. To the extent that the contents of the Civil Action Complaint are ghat of counsel, verifier has relied upon counsel in taking this verification. This verification is made subject to the penalties of 18 :Pa. C.S. 4904 relating to unsworn falsification to authorities. ~~ DAV1D J. GORBFRG Date: GMAC FLEXfBLE FINANCE PLAN Oealer Number Cororact Nun3t~er ©uyet (and Co•6uyer) - PL3mc and address (include county and rrt: caln( ~ Grtl!o' rSettFr nano unc! a<klress) w, thr. Buye" Land Co•Guycr 8 ;any}. may buy the vehiclr. ~7e5Crihe:l I;clo~.v trr ;., ar, nr on _ r: ,::~ f.. r a,~~ +: r~~s conbaGt. ycu chnosc rp buv Cher veh,dE On c,ed,l ,;far the acreemerts on ttte p:ont and back pI this CnnlraCt Yo:r :iyree to pay us, n,c Gtrn:: • a,. ;-treru,l Fu:anced and Fhku~cn ChorVe acccrrdinr_t ro the lyrnent schedu^ 5hrnvn belo!:~ yJe a•,11 figurC Ih.. finance Charpc• a3 a dJily l:sis_ --+ .few or Used i y'::ar Makc and Mcidet ~ - - Velu%;rr, t+tgnuh;:aa:,n IJ,. - ~. - _ Priman• USr: tpr Vlhtch Purchased _`._y ' -~---".. ~- I - - --- - ~ t pc°•SOnal. !amity. or houschoFd ;:_?aurrcuhena4 I I - t r/) L`:)5rnc55 ~i lour uad?~^tr; i!;n I,AakE ~ Inodcl - ~-... --------- - - FEOERAL TRUTH-IN•LENOING OISt.LO5UAE5 _ - - - -. _ Ir,~ur:+nce, ro„ r.,; r'~.: I' `. d::~•..,;_ I ANNUAL FINANCE ~~.. . Amount _-7. - j Total of Payments Tota{ Sale Price rnrll i 1'... •':nCe th,5 U+1 rtr 1C! fist Il ~pB! baGi<) ~„).t,,,, you drpose ,vn;3 rs :!cc6pt<ikYC to us. You are ~ PERCENTAGE CHARGE Financed I The arnuunt you ~ Th,; tut;r' : n,t "i nG •rGuned to buy ar..: otr:er ~nsnrancc to obtain RATE The dollar The amount of j wiH hare paid atlCr ! you+ pu;r.hase on c+ad,t YOtn decision in buy ar not buy other The cost cl your .unaunl the credit providnd to I you have made an ! oecLt. indud~r'g insw::nce va1M not be a toctu, rn tl~e aedit :approval wc!idssyeanr ;,,cddtviNCOSt yrouoronyour payments as j yo~rdcyvnua•;~ne'~+t ~ {.,rx;r,s. ,ate , ycru S behalf, - S .- scheduled. { p1 S ___ ,_.;c ~ -- ..IS ' S II ~~y u3surarxe +s Checked qc-iuw, poiir;ies pr cewltcates Iron) utF nanrtd ins„:ance companies will _-_..-_____.~_ __~..,. _ - _ . -- -- -- --- - rl2srnhrt the. perms and contlitrorr<. four Payment Schedule Will 8e: Numbs, Anrcunt ~ When Paymens ~'r : ; el Fayn:ents at Faynrtrnts ~- Are Due _ F^''~' S, '-'~ S `_ , ~ - 1 a,+tonthiy beginning " __ r ~ ~-' !.._ . -_ . mate Charge. tl a payment is not received In full within t0 days after it is due. you win pay a fate :harge. II the vnhlde is a heavy commercial motor vehicle, the charge v:ilt be 4°: pf the pan o1 the ~aymenl Ih.~t is fate. Otherwise, the Charge wttl be 2°.~~per mpnlh of the part nl the payrrrent tY,~t s ale, figured based on a lull cafondar month for any part of a month That is more Shan t0 davs Prepayment. II you pay ntf all your debt early, you will not have to pay a penalty. Security Interest. '~ pu arc yiving a seeuriry• interest in the vehicle be;ngpurchased Additional Information: See tors cot31nc1 for more information including intormauon auout nonpayment, detaua, airy required repayn3ent in Cult bclore the scheduled date, and secwiry interest ITEMIZATION OF AMOUNT FINANCED t Cast, R:~cr, (inclrrd,ng any accessories, SErvit;e5. and taxCS,t _ ~ ,5 (11 2 Total downpaymenl :_ (Ii n°gative antic '0' and seE line 4H below) (iraSS tradn•~n 5 . '-=~*•~~. iu'-payolt bysetler S ~:... ..-- --~.-2~' •'. `-' + wsh 5 .s~`f _ net trade-in -- - - 'r3 ' fc other (describe) __ . _~ - ~- $ $ i .~.,;:i ~. ~(f21 3 Unpaid balance of cast pace (1 minus 2) - S -s~~ ~~1 C Other charges including amounts paid to others On your behalf (Seller may keep pan of these amounts.): A Cost of optional credit insurance paid to the insurance company or companies AID 5 Life __ Disability _ y ~~~~' tJ:'A. B Other insuance paid to the InsurdrtCe company ' $ !~t/R (describe) -~ _ C ONiciat tees paid to gavemmenl agengeS 5 ~~ D Govemment taxes Trot irrckrded to cash price sal 3-• ?S E Government license andlor registratlon fees RRt~~=`7E. @41 ~ s 6.910 V F Government certittcate of tiNe tees (fife odes $ - • riy interest rrscorWnq lee) $ 27.50 G Other charges (Seller must identify who is paid and describe rpose. to ~ for ~t~~~ to N/Fr roc ~ ~-"-~71~ to ~ for $ ~~~~ Io ~' Itx S~ ~~ _ H Net trade- to oevoH to ~ / f'• 5 y^~~ _ Total other Charges and amounts paid to others en your behalf 5 ~~ • g~ 5 AmountfManced l3 +4) $ - ~ " ' • ' l ~ ' ~ ~ ~~~ J~~ ~ Check the insurance you want snd sign below: Optional Credit Insurance. Credit life: , - i.4 Buyer ~ ' Go"Buyer Term ._~_____. - Crcdd DrSabflilyaEuye: Ontyl Tenn ~_-~----- Prem:um~ Gredit Lrte 5 __ v._. Cr,;drt ~liS7t>il,ty 5 - ~ -._-_ ~~ (Insurance Company) ;v ~ ~i __ {Home Ottice Address ) Credit file insarence and credo disability insurance sx not required r.: ot)rair r,rCdit- Your deCiSton to ~ buy or nut buy ued+'t Gle insurance and getlil dis:3bdity insurance win not bcr a factor in the aetlit appwval process. They wilt not be providod finless you sign and agree to pay the extra cost, Credit life insurance pays the unpaid part of the amount financed d you die. This insurance pays only the amowll you would owe it you paid alt your payments pn lime. Credit disability insurance pays the scheduled payments due under this contract while you are disabled. This inwrance does not cover any incroase in your payment or in the number o! payments. The poicies or certificates issued 6y the namod insurance canpantes may further limit the coverage that credit lice cr credit disability tnsuronce provides. Sec the policies or certificates for coverage trrttits and other terms and oortditions. Otherlnsurance. D ___hi/A -J/fl Type of Insurance Tenn Premhrm 5 N'r ~' rt/R N/A (insurance Company) _:. _ .~.:- (Home Otfica'AddreSS)`.'. _ .. . 1 want the insurance checked above. x Buyer Signature ~ Date X CaBuyer Signature Date ANY .INSURANCE REFERRED TO IN THIS CONTRACT DOES N07 INCLODE COVERAGE EAB~:P.ERSONAL<LIABILITY: AND PROPERTY. CVCS415606 ,n 6445 Carlisle Pike Mechanicsburg, P~ 17050 Phone (717) 766-0284 www.iawrencechevy.com n n w 0 rn II~~I~~I~IIIIUi~~l~tl~l~l~ll~llll~lllllllll O]OlICVCS415606 CELL: 717-576-0~ --- ~ -- ,: IAU^.5.^.R *:.G tiC. ilNtL n.E CG1E '. L: ~e.~~l '. 1~]~76 i7IM - 190E ___ 08/09/12 CvCS_415605 _.__ iL:.o^RR/.:[ .... -MICEk$r. IYJ 1.'.~E~i _ •:::Ci.~~.._._-__ S1~C+. 1,C __ 91.00 E 3,f306 BLACK/BLACK 120860 CRAIG CURTIS REDMOND SR t^______.-__ i . _.___.__ -__~1_ _.-, - - 5 KATIE LN I~E/.R:/M'«:u,6DEl rte, REnr I:~lE C~u.EFr tviES `12/CHEVROLET/VOLT/SDN I 05/21/12 14 CARLISLE PA 17015-9131 I-_•^"-"~--' _- _~- -^----- `ELUNU CFJ.fRrtp FR6C.X!::V^a:E'- > I l'FnIC: f.: C 1.O .1 G 1 R D b E 4 0 C l1 1 2 1 5 8 0 redmond5@comcast.net ~ j ~ 08/03/'12 _ ~ __- =77'6-1232 '717-579-0990 ~E~l $50DISAPPEARING 1:27CVZ GLASS WORK ~ TECH{S).136 , ` CUSTOMER STATES REAR WINBOWS ARE DISTORTED. ESPECIALLY AT NI GHT TECH STATES THAT THERE IS A NISFORMATION IN GLASS. TECH REPLACED BOTH REAR HATCH GLASS ---•--QTY••-FP-NUMBER•-•••--••••----OESCRIPTION•••••-•-••••-••••-•-UNIT PRICE- I 20913367 WINDOW 12.180 I 22827682 WINDOW 12.]80 TOTAL -PARTS --•--POD----•-•-'VEND INY{J•INV.OATE•DESCRIPTION..........•......• ............. 415606 78 08/08/12 REPL GLASS TOTAL :iUBLET I TOTALS--------- --• .............•---....--•----•---•--............ CISCLAI,.,E , .:F t1:.r,RANT E5 The only ~verranties. if any. applying to WARRANTY the part(s) and!or service are those offered by the manufacturer. The selling ds:aler hereby expressly Disclaims all warranties, either expressed or implied. including any implied warranties of merchantability or fitness far a particular WARRANTY purpose. and neither assumes or autho- WARRAf~Y rues any other person to assume for it 0.00 any liability in connection with the sale of this part{s) ancuor service. Buyer shall not WARRANTY be entitled to recover from the selling 0.00 dealer any consequential damages, damages to property. damages for loss of use, loss of time, loss of profits or 1 JOURfIAL PREFIX CVCS .106# 1 TOTAL 0.00 rncome, or any ocher rnadental damages. IOBN 2 CHARGES ......................:---~------...:..::.:..:•:.--•------..................... JIBOR-.. ...- • .... ............ .......•--....----•------•--- - -•---- I~.2:ISCVZ {IfIN6/SUSPENSION ' TECH(S):136: WARRANTY CUSTOMER'STATES THERE IS A THUMP IN THE REAR OVER BUMPIS; (~F,.:_;:. NDS_LEET SIDE. ~ ~,•~ TECHrSTATES THAT HE DID NOT HEAR THUHP AT THIS TIME. ftO=REPAIRS TODAY. - ~ _ - ....,_ :: .-,:,_ ._ `~ . _. ._ TOB)~ 2 TOTAL'S'- -••-•---- -•--- ----- -- -- - - ---- -' :JOB 2 JOURNAL PREFIX CVCS_ TOTAL:„ 0.00 IOBaI 3 CHAR6E5 .....................•-------- ----..._..:-- ----- ..... ---._.._..--•----•- &.• - -.. 26C'YZ .i r1 .~EXTERIOR~,TRiN:. 'ri,.:~.:.• r. .~~TfCA($1.~13g.,._._..''fi'.t' -. .. .. - . W11{3RAMlf- .CUSTOMER STATES. EXTERIOR TRIM ON PASS~FRONT DOOR HAS A DIST ORTION IN IT MOLDING IS MISFORMED TECH-REPLACED RIGHT FRONT MOLDING. 'ARTS==----QTY=-•FP-NUMBER----•----------DESCRIPTION-----•----......:_..-KNIT PRICE- :._:. . 1 20963501 MOLDING 10.707 _. .WARRANTY 1 22808933 MOLDING 10:707 - _NIIRRANTY TOTAL;:PARTS 0.00 ._ ,,.. . JOB/ 3JOURNAL-PREFIX CVCS JOBS 3 TOTAL' 0.00 1061'#: 4.:.l3iARGES---•----•-•-----=•-------------------------•------=._:_.:.._:..---^~:..------ - - _ A :.IS'CHIP D .ON `THE PASS= HIRROR: 1 - _, . . E• PAGE 1'OF 3 - _ ACCOUNTING COPY (CONTINUED ON NEXT PAGE) 1 T:48ann .._ td0.El.GE IN 1 tAIEAf,E ClR CVCS415606 awrei~ CI~UF20LET 645 Carlisle Pike MechanicsaLlrg, !?A 17050 Pi~TOne (717) 766-0284 www,llawrencec:hlevy.com n n w rn 0 m Illl~lllgl~lll~I~IINn~II~1~II~I~~~I~flIIl~I~81gIIN~lIq OlOlIC~ACS925606 _.~~~~7-57b-Q2 - -- ~CUSh'~EER h1C. :C9C:% -` ~ aG •,". 1~7~76 l7IM 190:__ . ~-i::'~)ICE CAE _08/09/12 4:~CE :lZ. ~CVCS415606 __ ~_... .•.~ -__- _-____.-~Ji =.aT_ _.~. ~r: ~'F. '~~ -. ~ fI ---._. ._- 00 i 91 3.,806 iiOl )H ;BLACK/BLACK STOC~tq. 120860 . I CRAIG CURTIS REDMOND SR I icfP •.~pr K~ . ~_.fr~{~ _ .` -- --- - - ; DFI. aE-r Lr.)E LflNEfir MIEES ~$ KATIE LN '~12/CHEVROLET/VOLT/SDN ~ 05/21/12 14 ICARLISLE, PA 1701$-9131 _____ - - ~ ~,'Eh~C_i r C I:R ------ -,- ---_. _. _-- -_ - 6FI i.u:f. cEat FA n'~ -FOOI,tii~:o~TE 2 1 1 G 1 R D 6 E 4 0 C v 1 5 8 0 , __ ._ __ _._ _ . _ redmond5@comcast.net ~ _ _- ~ 08/03/:12 R'_4OENCE PnpNE ~ BUSIkESS PHONE C'OI.Nd~HT: 717-776-1232 '717-579-0990 ET'J $50DISAPPEARING _____ TECH STATES THAT PAINT D1D NOT HAVE A CHIP,PA]NT DID NAVE DISCLAIIAER OF VVARAANTIES A FLAW IN 1T. REPAINTED MIRROR. The only v.2nanties, if any, applying to the par;;s} andlor service are those ~J08~ 4 TOTALS-. _....• -•-•-------•------•-----• ...............•-•--..... ottered by tine manuiachuer.The setting dealer hereby expressly disclaims all JOB# 4 JOURNAL PREFIX CVCS JOBS 4 TOTAL 0.00 warranties, either expressed or implied, 5 CHARGES - - - - - ~ - - - - .. - - - - - - - - - - ----- - - - - • ....... - ....... - ....... - - • - - - ... ---•-•- _ _ _ - including any implied warranties of LABOR- ------ - - - - - - - - - . - . - .... - - -: - .. - -.• - - - • - - • • - - - - - ............................... merchantability or fitness for a particular 'S`:2ACVZi~ `~i~ ~!:.r<LOCKS ANO.LATCHES. TECH(S):136 WARRANTY- purpose, and neither assumes or autho- CUSTOMER STATES. A FEW TINES 1T HAS BEEN HARD TO RELEASE REA rues any other person to assume for it R HATCH WITH BUTTON any liability in connection Ivrtil the sale of TECH STATES THAT HATCH IS WORKING AS IT SHOULD AT THIS TIME. thispart(s)and/orservice.Buyershallnol NO REPAIRS NEEDED TOQI4Y. be entitled to recrnrer from the selling 5 TOTALS-- --_.._ ._........ ........................................ dealer any consequential damages,' damages to property, damages for Toss JOBS 5 JOURNAL PREF]X CVCS JOBi1 S TOTAL 0:00 ci use, toss of lime, loss of profits or ~ 6 CHARGES---- - ------------------------•-•-•---••------•---....._.........-•----. .... incarrle, or any other incidental damages. .. f5.30CVZ ~' _.. _.." _:. RENTA~;;CA~'Ez:~._:. . , TECH(S) c136 ~~`-,.. WARRANTY CUSTOMER REQUEST'ENTERPRISE RENTAL CAR 6 TOTALS--..--•--._...--••----------•--.....---•-•---••---....-:--•~-~ JQBt'i 6 JOURNAL PREFIX CVCS JOB{I 6 TOTAL 11.00 OBg 1 CHARGES=----..-• .................:-•-.---_-----•-----........-----•-•----........ ..---..__. OR._ .. _.. ...-. _... ..------ •- `'7+~6~~-Zt)00~F~tIH. ,.RUOF TAIh~ .~~"~~-w.~~ri. •~ 3:7ECH(S~ 13~-. T T IN ROOF E T TO BE DE WARRl111TY~ ` : CUSTOMER STAT S. WI ,,, LOOKS„ ..A N TECH;57ATES THAT.THER:15 A MISFORMAYIUN IN ROOF MISt=ORMATION HAS BEEN'<REPAIRED. 7 TOTALS-•••..::~.._ JOB; 7 JOURNAL PREFIX CVCS JOB# 7 TOTAL (I.00 raaE~E v~ uEraoE our O(ER HEREBY ACKNOWLED(~5 RECEIVIt((, = - ORI6ItVAL .ESTIMATE OF SQ.00 (+TAX) ~i _ - .::_- .. - -- _ .. . ~ - PAGE 2 OF ~ ACCOUNTING COPY (CONTINUED ON NEXT PAGE( 17:48aun CVCS4'{ 5606 ~ n &445 CarEisle Pike A Mechanicsburg, Pk 17050 ~ Phone (71 ~) 766-0284 0 www.Nawrerlcechevy.com a~ ~«~~~~~~~~~~~~~~~~fl~~~~~~~~~~N~~~~a~~~~~~~~~~~~~~~ 0101?CVCS9:5606 ~~F,iteEa r:-: 10 7 0 7 6 CRAIG CURTIS REDMOND SR S KATIE LN CARLISLE, PA 17015-9131 __ CELL: 717-S1b-U~ FQ~"y`-,i: ~ l:.f IK; W`O!CE DaIE ':. ~-ntF t<C. JIM 190; 08/09/12 CvCS415606 1i.=CRIWE IurErr,SF rw. %rx EaC•E. _._ -~COtOR I57ir. ct:C gl,p0 ~ ~ 3 806;BLACK/BLACK j120860 EJ.p Lti+.E. NOrrEI ,[f~1YEFY DAIE 3Elr/irY ugES 12/CHEVROLET/VOLT/SDM 05/21/12 14 'lFr'•~C-L IL`N(1. - ~-~~--~ ?CELt11K DFI.IER N4 1 r-GD.;C~iJtI UAiE ~-- 1 G 1 R D 6 E 4 0 C N 1 2 1 5 8 0 redmond5@comcast.net ~ L -- --.._.___.~ 08/03/12 __ ._._-__-__.-_.. RE OENCE crrDtF -.--8u5r.:EFe VtxY.E ~I17-776-1232 !717-579-0990 tbrwFNi~ ~E# $SODISAPPEARING _ _ _ p ..... ........... ................................................................ _ --...-.. DISCLAIMER GF Ylr".nRhNTIE.ri *************************************************** *** TOTAL LABOR.... 0.00 The oniy wananiies. d any, applying to ' CASH {) PERSONAL CHECK O CK# .. ............... * TOTAL. PARTS.... 0.00 the par((s} andlor service are those r * TOTAL SUBLET... 0.00 offered by the manu~tacturer. The setting COHP CK O #............ INS CK O #........... * TOTAL G.O.G.... 0.00 dealer hereby expressly disclaims a!I r + VISA O MC O AHEX t) DISC i;) * * TOTAL RISC CHG. TOTAL HISC DISC 0.00 0.00 warranties, eBher expressed or implied, * TOTAI TA%...... 0.00 including any implied w'arranlies of ~ CHpR~ () * - - - - - - - merchanlabiliy or fdness for a particular RECEIVED BY ................. DATE.,........... TOTAL INVOICE $ 0 00 purpose, and neither assumes or autho- Y**++**-*•*iritx+*****>f. *+r*f-iE*.*f!E*+*,k*X^k**~.**:*.***,k*~E* t* * rues any other person to assume for it E* YOU NAY RECEIVE A SURVEY FROM GENERAL ROTORS ** any liability in connection with the sale of "* REGARDING THIS SERVICE VISIT. IF YOU CANNOT ** this part{s) andlor service. Buyer shall not !* ANSkER '(X) COMPLETELY SATISFIED" TO AN WESTIOPI be entitled to recover hom the selling) ** PLEASE CONTACT JIH BARBOR. 1 WILL BE NAPPY TO HEL P ** dealer any consequential damages, damages to property, damages for loss of use, toss of lime. loss of profits or income, or any other -ncidental damages. 4 O j . j~ F PAGE S OF 3 /a6FaCiE W r rtLEAUE QUT CI -~URC)L,ET CVCS416797 6445 Carlisle Pike Mechanicsburg, PA 17050 Phone (717) 76b-0284 www.lawrencechevy.com n n a>' y III(I~INQllilllllll~l~~Ila~f1111~1191111011a11I~~IIIII~I~IIII(~I OlOlICNCS416797 CELL: 717-576-09~ CUSTpAER NQ FW:b'OR 7tL rq. WVOICE O~TE tNYd~E NO. 107~7fj ;• .:;.; 7IM, .. _ _ ....._ .:..,19.0,..., .. , ...: 08/29/12 CvC5416797 ¢ ti i .: , _ - ri: ~ F ~ tt. 1~4 ,hart ;3F1 zs!'~Irt.: 1/,8011 RATE UCECC5E 1i0 A9LEi4E COLOR STOCx rb. CRAYG CI~R`Ti5 ~IZ<ED .bS~R`~ ` - :..:~~Q Ou0 ~:. ~ -.._a ,~ ~'^ ~. -, . 4~;681.BLACK/:BLACK 120860 . $ KATIE L'N rEtw IAhKE IA00El oauVERY OXfE oeuvEm MnEs CARLISLE, PA 17015-9131 13~'HE~1lf~OLETIIV,~LT. _ , ; ~, 0$/21/12.. ,_. 14 vEHCIF I.D NO SELLWR DEALFA'NO. PRpCUCT10N QsTE 1 G 1 R D 6 E 4 0 C lI 1 2 1 5 8 A , FTENO. - - _.______~ PONQ R.QDNE d.. d~ ~ i ,^ g 2 /i~C R ~ _. r'9tl8' A. ~,P. r ~Cp ~• ~.. ~.~ J~V ,ay. ~ ~- r .ti ,,pb..~ X1.9 ,~- ~ r «`'~., } :.T.1 +,~r; hsy t ~ ~ "% - 7 G 9.i ~r~/?~1'.~v a ~~~a.. ~~TC?"', s ~1Y~ ~r'~Y ~ ..5. r ~Z. + ~ r '~ ''`~ ~j° ~" ~ `~' ` '~ ~ " ~ - DISCLAIMER OF WARRANTIES .1 :w-±.i;;~~+.~ :. "' '3~` ,~:• ;~ ~. . ~ .~R+ .,:. •: The -only warran0es, it any, applying to • ~ ;the part{s} and/or service are those ~~ •~ I~:S'IEERrNt~y ~SERµIL S`}'EE,1t~ _ ~;~.~ :offered by the manufacturer. The seAing ,' ~ `"~-~•, 1 '' „ ~' ~~ - ': dealer hereby expressly disclaims all . t r. sH; ON 8p AMP FUSE CAUSING t? NN9 ~ ,~ I I ~ -' ~ ` ~: warranties, efther expressed. or impaled, ' 5.7~~ ~ fj ~r L~I~FRbC'.MO[IULE FUSE ANO F115~ , :Including 2ny implied warranties of btt 51~, ~ 1 ~' merchanlabiifty or fitness for a parOcular = '`. '~ r - t ~ ~ ;' ,~ :_ purpose, and neither assumes or autho- A~TS'~• lfT`f ~ F~~ ,~ ~ DESCRIPTION- -. - UNIT RRICE• razes any other person to assume for it 1 ~X911>~ ~ BLOCK 2 483 WARRIINI'Y; ::. .." . , ., any liat~lily In connection with the sate of ` , > TOTAL PARTS AR40•: s parts} and/orservrce. Buyef sha0 not OB# ~,1 ~O,T~S` -: ~', ~ - . ; :...:.... . ........ . ........... . • - - - - - •, . be entitled to recover from the se0tng '~`" ' `. dealer any consequential damages, "~ ,I06# 1 .I01lRNAL PREFIX CVCS JOB# 1 TOTAL ;OatlO:• i I ,, .. ' ....:.. - -- - .......... . . . • - • , - ,~.~ ~ of uses loss orotime, Idossaol s rofits or 4 } ~` , t ~ ~ • ~ ~' ~.'' - ~r• income, or any other incidental damages. ~:yt, may; 10TAL IiABOR .. 0 6Q;. ~~ 40 . y_ t;.:~ •• * TOTAL SUBLE7 ,0 00. ,TiOMP.iCK O ~'~1 INS CK''O ~L.......... * T01$L1;0'.G .: ':R 0~; MG 0 1F~ISA`L~t) ~!L'~-'' EX (~ ISC I ? i ~ _TaT .. .. cbISC 0 OR , ,• ', a .4 , ~~ '`•~ ~„~O ) EIS ~0~00 .. ~ ~h , ~~ L ~ . _Ik '" P, T kLP '~ i" 51; Nw aR ~~ 7 :'Y, •a~A a a ~Tl .. - ~ t WIEA(lE pf :MILEA[{E DUi i + ,z. '~ 'w ~ (~ P' L I C A T E I N V 0 I C_ E ~**t*tfw,t,tltxiHt**~1#,ei~,t*~rr91+'r '~ 1>:t!~j'yf r''~ ~k r~, f It ~t~,'in.ti , t. ., ti a :T r r. u~ , F' n}z;,y, sT':. ~ r ~r yet ~. T~f~ t C ~.lr 1F'7'tiiN t ~~ y1, i1 G'i ~ ' ~ 1'' >•w-~, , ~'1~1''k~j' Y f yi~tt ~ n~,:,l iY)11 a~ ils'r +^ ', _ r {I , *+~~ `~' ~ .;~~'~e f ~,~4z-~e t o : ~ ' ~ ~ ~ ' ° ~ ~ °,` is na ,, :., `y 12211 ; t { ~ ~~ I' dp.`}' ~ tl~i. 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Fine Line Auto Body 1746 West Trindle Rd., Carlisle, PA 17015 (717) 241.2225 Email: finellneautobody~comeast.net Tax ID: 043706373 Damage Assessed By: R Bankey LIC#474537 Deductible: 0.00 Claim Number: 7798 Owner: CRAIG REDMOND Address: 5 KATIE LN, CARLISLE, PA 17015 Telephone: Home Phone: (l17) 576-0990 MNchell Service: 911355 Description: 2012 Chevrolet Volt Date: 713/201212:°' Estimate 1D: 7798 Estimate Version: 0 Preliminary Profile ID: Standard Body Style: 4D HB Drive Train: 1.4L InJ 4 Cyl AT FWD VIN: 1G1RD6E4000121580 License: CCR 1 PA Mileage: 2,136 OEMIALT: A Search Code: 684375D Color: BLACK Options: PASSENGER AIRBAG, DRNER AIRBAG, POWER LOCK, POWER WINDOW, REAR WINDOW DEFOGGER CRUISE CONTROL, TILT STEERING COLUMN, TELESCOPIC STEERING COLUMN ANTI-LOCK BRAKE SYS., TRACTION CONTROL, FOG LIGHTS, ALUM/ALLOY WHEELS REMOTE IGNITION, AUXILIARY INPUT, SATELLITE RADIO, FRONT AIR DAM, TINTED GLASS AUTO AIR CONDITION, TRIP COMPUTER, TELEMATIC SYSTEMS UNIVERSAL GARAGE DOOR OPENER, VARIABLE ASSISTED STEERING, SIDE AIRBAGS AUTOMATIC HEADLIGHTS, INTERIOR AUTOMATIC DAYMIGHT OR ELECTROCHROMATIC MIRROR SIDE HEAD CURTAIN AIRBAGS, VEHICLE THEFT TRACKINGJNOTIFICATION DAYTIME RUNNING LIGHTS, AM1FM STEREO CDIMP3 PLAYER, ELECTRONIC STABILITY CONTROL FRONT BUCKET SEATS, KEYLESS ENTRY SYSTEM, POWER DISC BRAKES POWER HEATED EXTERIOR MIRRORS, REAR SPOILER, STEERING WHEEL AUDIO CONTROLS Line Entry Labor Une Item part Typel Item Number Type Operatlon DescHption Part Number Front Bumper 1 101465 BDY OVERHAUL Frt Bumper Cover Assy 2 100347 BDY REPAIR Frt Bumper Cover Existing 3 DISTORTED LINE ON RT SIDE 4 REF REFINISH/REPAIR Frt Bumper Cover 5 MODIFIED REFINISH WITH FULL CLEAR COAT Front Fender 6 100079 BDY REMOVE/INSTALL R Frt Fender Uner 7 100080 BDY REMOVEANSTALL L Frt Fender Liner Front Door 8 101703 BDY REPAIR R Frt Door Rear View Mhror Existing 9 REF REFINISH R Frt Door Mirror 10 CHIP AT LF'T FRT EDGE OF MIRROR 11 100246 BDY REMOVEIREPLACE R Frt Otr Door Belt Moulding 22763718 GM PART 12 BDY REMOVEANSTALL R Frt Door Trim Panel Root 13 101030 BDY REPAIR Roof Panel Existing 14 SMALL DENT ON RT SIDE 15 REF REFINISH/REPAIR Roof Panel 16 MODIFlED REFINISH WITH FULL CLEAR COAT 17 100908 BDY REMOVEANSTALL R Roof Mouiding ESTIMATE RECALL NUMSER: 07/031201210:16:25 7798 Mitchell Data Version : OEM: MAY_12_V Copyright (C) 1994 - 2012 Mitchell international Software Varston: 7.0.441 All Rights Reserved Dollar Labor Amount Units 2.9 # 1.0• # C 2.8' INC INC 0.5• # C 0.5 76.72 0.3 # OA 1.0' C 2.4• 0.3 Page 1 of 3 18 . w.109 BDY 19 100910 BDY 20 BDY 21 100078 BDY 22 100991 BDY 23 100992 BOY 24 100913 BDY 25 100519 BDY 26 27 REF 28 29 936014 REMOVEANSTALL REMOYEflNSTALL REMOVEANSTAI.L REMOVEANSTALL REMOVE/INSTALL REMOVEJINSTALL OVERHAUL REPAIR REFINISHIREPAlR ADD'L COST 30 REF ADD'L OPR 31 900500 REF ' REFINISH/REPAIR 32 33 900500 BDY ' REPAIR 34 ADD'L COST 35 ADD'L COST L Root Moulding Antenna Base Roof Headliner Rear Lamas Back-Up Lamp R License Lamp L License Lamp Rear Bumcer Rear Bumper Cover Assy Rear Bumper Cover DISRORTED LINES IN BUMPER Rear Bumper Cover MODIFIED REFINISH WITH FULL CLEAR COAT Addkfonal Costs B Materials . Flex AddlUve .ADDITIONAL OPERATIONS Clear Coat MANUAL ENTRIES DENIB 1 BUFF !POLISH .3 PER TOP PANELl.1 PER SIDE PANEL MASK FOR OVERSRAY Additional Costs 8 Materials _ Palnf/Materlals Hazardous Waste Disposal ' -Judgment Item it -labor Note Applies C -Included in Clear Coat Calc Date: 713no121z Estimate ID: '7798 Estimate Version: 0 Preliminary ProfllelD: Standard V.c 0.4 # 2.8 INC is INC tl INC it 1.8 0 Existing 2.0.11 C 2.7' 8.00 ' 2.4 Existing 0.5' "OVAL REPL PART 10.00 ' 0.3' 316.40 3.00 U1traMate Abbreviations: Labor Type: BDY=Body BDS=Body Structure REF=Refinish GI,S=Glass FRM=Frame MCH=Mechanical Operation: Add'1 Cost=Additional Cost Add'1 Opr=Additional Operation Line Item Description: Frt=Front RR=Rear L=Left R=Right Upr=Upper Lwr=Lower Otr~uter Inr=Inner Assy=Assembly Susp=Suspension Ext=Extension Brkt=Bracket Inst=Instrument ATG=Assembly Tame Guide PartType/Parti9umber: Qual Repl Part~uality Replacement Part Qual Recycled Part=Qualty Recycled Part Estimate Totals Add'I Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals 11. Part Replacement Summary Amount Body 14.0 48.00 0.00 0.00 872.00 T Taxable Parts Refinish 11.3 48.00 0.00 0.00 542A0 T Sales Tax ~ 66 72 6.000% 520 Taxable Labor 1,214.40 Total Replacement Parts Amount 91 92 Labor Tax ~ 6.000 % 72.86 . Labor Summary 25,3 1,287.28 ESTIMATE RECALL NUMBER: 07103!2012 10:16:25 7798 Mitchell Data Version: OEM: MAY_12_V Software Version: 7 0 Copyright (C)1994 - 2012 Mitchell International Page 2 of 3 . .441 AO Rights Reserved DAVID J. GORBERCi & ASSOCIATES, P.C. By: DAVID J. GORBERG Attorney for Plaintiffs Identification No. 53084 32 Parking Plaza, Suite 700 Ardmore, PA 19003 (215) 665-7660 CRAIG REDMOND 5 Katie Lane Carlisle, PA 17015 vs. GENF-,RAL MOTORS, LLC c/o CSC 2595 Interstate Drive Ste. 103 Harrisburg. PA 17110 and LAWRENCE CHEVROLET, INC 6445 Carlisle Pike Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-6179 Civil Term AMENDED COMPLAINT 1. Plaintiff, Craig Redmond, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, residing at 5 Katie Lane, Carlisle, PA 17015. 2. Defendant, General Motors, LLC, is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania and- can be served at c/o CSC, 2595 Interstate Drive, Suite 103, Harrisburg, PA 17110. 2(a). Defendant, Lawrence, Chevrolet, Inc, is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania with its legal residence and principal place of business located at 6445 Carlisle Pike, Mechanicsburg, PA 17055. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 through 3 as fully as if set forth here length. 4. On or about May 21, 2012, Plaintiff purchased a new 2012 Chevrolet. Volt from defendant, Lawrence (~'hevrolet, Inc. the Vehicle Identification Number 1 G1RD6E40Ct~~ 121580. The vehicle was purchased in in the Commonwealth of Pennsylvania and registered in the State of New Jersey. 5. The price of the vehicle, including registration charges, document fees. sales tax, finance and bank char,ffes but excluding, other collateral charges not specified, more than $47.038.9;1. 6. At the time described above, plaintiff discussed the 2012 Chevrolet Volt at great length with defendant's sales agent and/or authorized representative. 7. In the conversation described above, plaintiff informed defendant, inter alia, through it's sales agent and or authorized representative, that: a. they wanted to buy a car that would be reliable for transportation to drive to work from home, b. they did not want a car with a lot of mechanical problems, and c. they wanted a car that was free from any and all prior body damage, scratches, and or paint defects. 8. Plaintiffs relied on defendant through it's sales agent and/or authorized representative to select and furnish a suitable car to meet the needs described above. Defendant through it's sales agent and/or authorized representative knee- at the time of the sale that plaintiffs was relying upon it to select and furnish a suitable car to meet the needs described above. 10 In consideration of the purchase price, Plaintiffs acquired from Defendant. `'General Motors, L]~C" an original "Warranty'' covering said vehicle for three (:3) years or thirty-six thousand (36,000.00) miles. 11 On or about May 21, 2012 Plaintiff took possession of the above mentioned vehicle and experienced nonconformities, consisting of, but not limited to, prior body damage. Copies of plaintiffls supporting documents are attached hereto. 12 Plaintiffs aver the vehicle has been subject to repair more than three ~(~) times for the same nonconformity, consisting of, but not limited to, prior damage, defective paint. and defective electrical system and the nonconformity remains uncorrected. 13 . Plaintiffs aver that as a result of the ineffective repair attempts made by Defendant "General Motors, LLC", through its authorized dealer "Lawrence Chevrolet, Inc'', the vehicle cannot be utilized for the purposes intended by Plaintiff a.t the time of acquisition and as such, the vehicle is worthless. 14 The vehicle continues to exhibit defects, consisting of, but not limited to defective paint, and nonconformities which substantially impair it's use, value and/or safety. l 5 Plaintiff avers the vehicle has been subject to additiona repair attempts for defects and%or nonconformitie~s for which the defendant did maintain records. 16. Plaintiff avers that all defendants had knowledge of the defective condition of the prior body damage prior to plaintiff's purchase of the vehicle 17. Plaintiff seeks relief for losses due to the nonconformities and defects in the above mentioned vehicle in addition to attorney fees and all court costs. COUNTI CRAIG REDMOND vs. GENERAL MOTORS, LLC PENNSYLVANIA AUTOMOBILE LEMON LAW 18 Plaintiff hereby incorporates all facts and ,allegations set forth in this (`omplaint by reference as if fully set forth at length herein. 19. Plaintiff is a "Purchaser" as defined by 73 P.S. § 1952. 2Q. Defendant is a "Manufacturer" as defined by 73 P.S. §1952. 2l ~ Plaintiffs vehicle is a "New Motor Vehicle" as defined by 73 P.S. § 192, 22, Said vf;hicle experienced non conformities within the first year of purchase, which substantially impairs the use, value and safety of said vehicle. 23. Defendant failed to correct and or repair said nonconformities. 24. The vehicle continues to exhibit defects and nonconformities which substantially impair it's use, value rind/or safety. 25. Defendant does not require participation in any informal dispute settlement program prior to filing suit. 26. As a direct and proximate result of Defendant's failure to repair the nonconformities ,Plaintiff has suffered damages and, in accordance with 73 P.S. § 1S>58, Plaintiff is entitled to bring suit for such damages and other legal ,and equitable relief. Wherefore, plaintiff prays for an Order reduiring the defendant to return all funds plaintiff has paid in connection with its purchase pursuant to the lemon law; plaintiff prays defendants be denied any allowance for plaintiff's use of the vehicle, and that plaintiff receive such incidental and consequential damages as the evidence shall sustain. COUNT II CRAIG REDMO.~VD vs. LAWRENCE; CHEVROLET, INC. PENNSYLVANIA CONSUMER PROTECTION LAW AND UNFAIR TRADE AND PRACTICES ACT ?7 Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 28, Plaintiff justifiably relied on defendant's representations that the car was in new condition and had no body damage and had no history of repair. 29. Contrary to defendant's representations a~~~ aforesaid, the car had sustained extensive damage prior to his purchase. 30. The aforesaid representations constitute false and misleading statements and representations about the car, in violation of Pennsylvania Consumer Protection La~~~ and Unfair Trade and Practices Act. 31. Defendant's failure to disclose the history of collision damage and repair, constituted a failure to state material facts, which tended to and did deceive plaintiff, who had no knowledge or any problems with the vehicle. The foregoing violates t:he Pennsylvania Consumer Protection Law and Unfair Trade and Practices Act. 32. Had Plaintiff known that the car had sustained significant accident damage he would not have purchased the vehicle. 33. As a result of defendant's misrepresentations, and it's failure to state material facts, all in violation of Pemisylvania Constnner Protection Law and Unfair "Grade and Practices Act, plaintiff agreed to purchase the car and sustained losses and damages set forth above. Wherefore, plaintiff prays for an Order rescinding his purchase of the vehicle on the grounds of defendant's unlawful 1:rade practices, enter an Order requiring the defendant to return all funds plaintiff has paid in connection with its purchase; deny any allowance for plaintiff's ease of the vehicle, and enter judgment in favor of the plaintiff for such incidental and consequential. damages as the evidence shall sustain, alternatively plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00, plus interest, costs, reasonable attorney fees, treble damages and such other further relief as may be just and proper. COUNT III CRAIG REDMOND vs. LAWRENCE; CHEVROL~;T, INC MAGNUSON-MOSS WARRANTY AC'T 34 Plaintiff hereby incorporates all facts and .allegations set forth in this (:complaint by reference as if fully set forth at length herein 35 Plaintiff is a "Consumer" as defined by 1~~ U.S.C. X2301(3). 36 Defendant is a "Supplier" as defined by 15 U.S.C.. §2301(5). 37 Defendant's failure to honor plaintiff srescission/revocation of acceptance, it's breach of implied warranty to merchantability violates the Magnuson-1vloss Warranty Act, 15 U.S.C. Section 2301 et seq., and in particular, 15 U.S.C. Section 2310,, as direct and proximate result of which plaintiff sustained the losses and damages aforesaid. WHEREFOR>=;, plaintiff demands judgment against defendant i~or compensatory damages in the amount not in excess of $50,000.00 ,plus costs, interests and expenses including reasonable attorney fees. COUNT IV CRAIG REDMOND vs. GENERAL MOTORS, LLC MAGNUSON-MOSS WARRANTY ACT 38. Plaintiff hereby incorporates all facts and allegations set forth in this ~:'omplaint by reference as if fully set forth at length herein. 39 Plaintiff is a "Consumer" as defined by l~~ U.S.C. X2301(3). 40. Defendant is a "Warrantor" as defined by 15 U.S.C. §2301(5). 41, Plaintiff uses the subject product for personal, family and household purposes. 42. By the terms of the express written warranties referred to in this Complaint, Defendant. agreed to perform effective warranty repairs at no charge far parts and/or Labor. 43 . Defendant failed to make effective repairs. 44. As a direct and proximate result of Defendant's failure to comply with the express written warranties, PI<rintiff has suffered damages and, in accordance with 15 L1.S.C. §2310(d) (1), Plaintiff is entitled to bring suit for such damages and other legal and equitable relief. 45. Section 15 U.S.C. §2310 (d) (1) 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 d 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 it discretion shall determine that such an award of attorney's fees would be inappropriate. 46. Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against the Defendant. WI-IEREFOR~:, Plaintiff respectfully demands judgment in his favor and against the Defendant in an amount equal to three (3) times the purchase price of the subject vehicle, plus all available collateral changes and attorney fees. Amount not in excess of $50,000.00. COUNT V CRAIG REDMOND vs. LAWRENCE CHEVROLF;T, INC. CRAIG REDMOND vs. GENERAL MOTORS, LLC NEW MOTOR VEHICLE DAMAGE DISCLOSURE ACT (Pa. Stat. Ann tit. 73 Sections. 1970.1 to 1970.8 47. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 48. Plaintiff avers on information and belief that defendants knew or should have known the• vehicle had sustained repaired and/or repairable damage in excess of $500.00 prior to it"s sale. 49. Defendants failed to comply with the New Motor Vehicle Damage Disclosure Act by providing the required the written notice prior to sale. 50. Defendants violate the New Motor Vehicle Damage Disclosure Act b}~ misrepresenting the condition of the car prior to sale. Wherefore, plaintiff prays for an Order rescinding/revoking his purchase of the vehicle and requiring the defendants to return all funds plaintiff has paid in connection with its purchase; plaintiff prays defendants be denied any allowance for plaintiff's use of the vehicle, and that plaintiff receive such incidental and consequential damages as the evidence shall sustain plus costs, interests, treble damages and expenses including reasonable attorney fees. COUNT VI CRAIG REDMOND vs. LAWRENCE; CHEVROLET, INC RESCISSION/REVOCATION FOR MATERIAL MISREPRESENTATION OF FACTS 51. Plaintiff incorporates herein by reference as though fully set forth the allegations in the preceding paragraphs of this Complaint. 52. Defendant's representations that the car had no prior body damage acrd had no history of repair and was in "new" condition were false and misleading, and constitute a misrepresentation of material fact. 53 Plaintiff justifiably relied upon aforesaid material facts as represented by defendant, as a result of which he agreed to purchase the vehicle and sustained losses and damages set forth above. 54, Had Plaintiff known that the car had sustained significant accident damage, he would not have purchased the vehicle. 55. Defendant unlawfully refused to honor plaintiff's tender of the car ancl_ provide a refund of all funds paid. Wherefore, plaintiff prays for an Order rescinding/revoking his purchase of the vehicle and requiring the defendant to be required to return all funds lplaintiff has paid in connection with its purchase; ;plaintiff prays defendants be denied any allowance for plaintiff s use of the vehicle, and that plaintiiff receive such incidental and consequential damages as the evidence shall sustain. COUNT VII CRAIG REDMOND vs. LAWRENCE CHEVROLET, INC FRAUD AND DECEIT 56. Plaintiff hereby incorporates all facts and allegations set forth in this (~'omplaint by reference as if fully set forth at length herein 57. Plaintiff avers on information and belief that defendant knew the vehicle had sustained damage, or knew the existence of paint defects., prior to it represented to plaintiff that the vehicle had no body damage. 58. At the time defendant made these representations. it knew they were false or it made these representations with reckless indifference to the truth, for t:he sole purpose of defrauding plaintiff and intending that plaintiff accept it's representations and act in reliance upon if s representations. 59. As a result of plaintiff's reliance upon defendant's representations, plaintiff was induced to purchase the vehicle and sustained damages set forth above. 60. Plaintiff avers on information and belief that defendant (1) intentionally concealed or failed to disclose the material fact that the car had sustained prior body damage. 61 Defendant concealed or failed to disclose the aforesaid material facts intending to deceive plaintiff and to induce him to act differently from. how plaintiffF would have acted had he known the true facts. 62. Because of defendant's concealment or failure to disclose the aforesaid material facts, plaintiff acted in a manner different then how he would have acted had he known the true facts. 63 Defendant made the aforesaid material mi~~srepresentations, and concealed or failed to disclose the aforementioned facts, with actual malice toward the plaintiff. WHEREFORE, plaintiff demands judgment against defendant for compensatory damages in the amount not in excess of $50,000.00 ,plus punitive damages in such amount as the jury shall find is needed to punish defendant and deter it and other car dealers from engaging in sirnilar acts, plus interest, costs and reasonable attorney fees. COUNT VIII CRAIG REDMOND vs. LAWRENCE CHEVROLET, Il~'C NEGLIGENT MISREPRESENTATION 64. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein 65. Plaintiff avers on information and belief that defendant knew or should have known the vehicle had sustained damage and repair prior to plaintiff's purchase. 66, Defendant negligently failed to inform plaintiff of the collision repair prior to plaintiff s purchase. 67. As a result of defendant's negligent conduct as aforesaid, plaintiff was unini:ormed about the vehicle's prior history, agreed to purchase a car he otherwise would not have purchased, and sustained the other injuries and damages set forth above. WHEREFORE;, plaintiff demands judgment against defendant i:or compensatory damages in the amount not in e:~cess of $50,000.00 plus costs, interests, treble damages and expenses including reasonable attorney fees. DAVID J. GORBERG &~SSOCIATES.. P.C. BY: l~'AVI~'GORBERG, ESQUIRE Attorney i°or Plaintiff DAVID J. GORBERG & AS~~OCIATES, P. C. 3Z PARKING PLAZA DAVID J. GORBfERG~ LAURA L. 4PPLEGATE COURTNEY L. SOFIA"` EDWARD B. FEINER' SUITE 700 AROMORE, PA 19003 NEW JERSEY OFFICE 208 KINGS HIGHWAY SOUTH CHERRY HILL, NJ 08034 (856) 354-2119 'MEMBER OF PA AND NJ BARS rMEMBER Of PA ANA NY' BARS October 19. 2012 Cumberland County Prothonotary 1 Courthouse Square Carlisle, PA 17013 I-800-MY-LEMON '~-800-695-3666 215-665-7660 Fqx 215-563-8738 www.MyLemon.com RE: Craig Redmond vs. General Motors, LLC, et al Docket No. 1 ~'.-6179 Dear Sir/1~/Iadam: PITTSBURGH OFFICE '.900 ALLEGHENY BLDG. 429 FORBES AVENUE P TTSBU RGH, PA 15219 41 2-894-9970 FAX 41 2-894-9983 Enclosed :please find t:he original and one copy of plaintiff's Motion to Amend concerning the above matter, Kindly file same and a eturn the time-stamped copies to our office in the attached self-addressed envelope as soon as possible. If you have any questions regarding this matter please do not hesitate to contact our office. DJG/mk Enclosures Ver`~ truly yours, __ d~`~,.~ - David J. Gorberg cc: General Motors, LLC Lawrence Chevrolet, Inc. CRAIG REDMOND, Plaintiff v. GENERAL MOTORS, LLC and LAWRENCE CHEVROLET, INC., Defendants ~~. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2012-06179 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR LEAVE TO AMEND COMPLAINT TO AMEND THE BODY OF THE CIVIL ACT{ON COMPLAINT RULE TO SHOW CAUSE AND NOW, this 26th day of October 2012, upon consideration of the Motion of Plaintiff for Leave to Amend Complaint to Amend the Body of the Civil Action Complaint, a Rule is issued upon Defendants to show cause why Plaintiff should not be afforded leave of court to amend the complaint to identify which Defendant or Defendants each claim is being asserted against. RULE RETURNABLE within 20 days from the date of service of this Rule. Distribution List: / David Gorberg, Esq. 32 Parking Plaza Suite 700 Ardmore, PA 19003 /General Motors, LLC c/o CSC 2595 Interstate Drive Ste. 103 Harrisburg, PA 17110 /Lawrence Chevrolet 6445 Carlisle Pike Mechanicsburg, PA 17055 ~P; ~s u1a ,led io~~U~ia~ B~ y TNT r.f~).L~.f3I,._ .~\ '~ ~` ~_~~ Thomas A. Placey .~ C.P.J. -, ~, --~ ~.: ,-- _~. ,--~ c, t~ .. ~ ~_rc.~~ ::a c~% -~~ -< KANTROWITL &PHILLIPPI, LLC ._;_~ .,' 1`'. ~ ~- BY: Catherine A. Peterson, Esquire r. Attornev ID No. 41449 - ' " ~' 1835 Market Street, Suite 320 ~ ~ ~ `~ ~~ Philadelphia, PA 19103 Attorneys for Defendant, (215) 496-9400 (Phone) General Motors LLC (215) 496-9089 (Fax) CRAIG REDMOND Plaintiff v. GENERAL MO"TORS LLC And LAWRENCE. CHEVROLET, INC. Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 12-6179 JURY TRIAL DIMANDF_,D ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Catherine A. Peterson, Esquire, on behalf of defendant, General Motors LLC. Respectfully submitted, KANTROWITZ & PHILLIPPL LLC Catherine A. Peterson, Esquire Attorney for Defendant, General Motors LLC KANTROWI'I'Z &PHILLIPPI. LLC KANTROWITZ &PHILLIPPI, LLC BY: Catherine A. Peterson, Esquire Attornev ID No. 41449 1835 Market Street, Suite 320 Philadelphia., PA 19103 Attorneys for Defendant. (215) 496-9400 (Phone) General Motors LLC (215) 496-9089 (Fax) CRAIG REDMOND COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY ~.. :Docket No. 12-6 L 79 GENERAL MOTORS LLC And LAWRENCI? CHEVROLET, INC. : Defendants :JURY TRIAL DEMANDED CER"CIFICATE OF SERVICE t, Catherine A. Peterson, do hereby certify that service of a true and correct copy of the foregoing Entry of Appearance was mailed via first-class, postage prepaid on October 31, 2012 to the following: David J. Gorberg, Esquire David J. Gorberg & Associates, P.C. 32 Parking Plaza, Suite 700 Ardmore, PA 19003 Kantrowitz & Phillippi, LLC :::_ '`) BY:_ '' Catherine A. Peterson, Esquire Attorney for Defendant KAtJTROWIT7 &PHILLIPPI. LLC .'. ~ ` -~ ., , r~°.: ~ ~~ ~. ~,~_ ~ ~,U .,~. ~~, ~ . KEEFER WOOD ALLEN &RAHAL, LLP Donald M. Lewis ^1, Esquire Attorncv~ LD No. 58510 210 Walnut Street. N. O. Bor l 1963 Harrisburg, YA 17108-1963 (717)255-8038 dlewis<u),keeferwood.com CRAIG REDMOND, Plaintiff v. GENERAL MOTORS, LLC and LAWRENCE CHEVROLET, INC., Defendants No. 2012-06179 CIVIL, TERM PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keefer Wood Allen & Rahal, LLP by Donald M. Lewis III, Esquire, on behalf of Defendant Lawrence Chevrolet, Inc., reserving its right to plead, mo~~e or otherwise respond to the complaint in this matter. Attorneys for Defendant Lawrence Chevrolet. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Respectfully submitted, KEEFER WOOD ALLEN &RAHAL, LLP r.>~~/.~ Dated: November 2, 2012 By , Donald M. Lewis III ~zr CERTIFICATE OF SERVICE 1, Donald M. Lewis III, Esquire, one of the attorneys for Defendant Lawrence Chevrolet, Inc., hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: David Gorberg, Esquire David J. Gorberg & Associates, P.C. 32 Paring Plaza, Suite 7Cr0 Ardmore, PA 19003 KEEFER WOOD ALLEN & RAHAL, LLP ,!_ ., ~. Dated: November 2, 2012 By_ ~ ~~ ~'` ~ .. - ~ I~ld I~1: "Lewis III ~~~, SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~1LcU-r~l=i==~:;r Ronny R Anderson r;._. Sheriff ~~ ~;~~` ~~~~~`~~~~~li~}{";' ~„;,~~t~ A~ ~~I~t,~~~r,,ho 2QlZ NOY 13 P~1 2~ 32 Jody S Smith < <. Chief Deputy '~' `~~ ~'~ ~~M~~~~.1~,~~ ~~ ~ ~' Richard W Stewart ~~~ , solicitor ~~~:-_ -~~-~~::.w~ ~~ PENNS~'LI~ANIA Craig Redmond Case Number vs. Lawrence Chevrolet, Inc. (et al.) 2012-6179 SHERIFF'S RETURN OF SERVICE 11/01/2012 10:05 AM -Deputy Robert Bitner, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be BOB BLOCHER, General Manager, who accepted as "Adult Person in Charge" for Lawrence Chevrolet, Inc. at 6445 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17055. RO E T BITNER, DEPUTY 11/01/2012 10:05 AM -Deputy Robert Bitner, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be BOB BLOCHER, General Manager, who accepted as "Adult Person in Charge" for General Motors, LLC at 6445 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17055. .~ RO ERT BITNER, DEPUTY SHERIFF COST: $54.00 November 05, 2012 SO ANSWERS, -,-~.. RON R ANDERSON, SHERIFF .. cun.yS..ne. Sh..f:'ff, 7"e.eOSCfL. I.r,,. `J n, t"r"8 A q re DAVID J. GORBERG &ASSOCIATES, P.C. -<> Cn 1 By: DAVID J. GORBERG Attorney for Plaintiff IDENTIFICATION NO. 53084 700 Times Building w Suburban Square to Ardmore, PA 19003 (215)665-7660 CRAIG REDMOND : COURT OF COMMON PLEAS VS. GENERAL MOTORS, LLC AND LAWRENCE CHEVROLET, INC : NO. 2012-6179 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended upon payment of your costs only. s ID J. GORBERG, ESQUIRE Attorney for Plaintiff CRAIG REDMOND, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW NO. 12-6179 CIVIL GENERAL MOTORS LLC and LAWRENCE CHEVROLET INC., Defendants ORDER AND NOW, this 31 day of May, 2013,the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Barry Kronthal, Esquire, Chairman, shall be paid the sum of$50.00. BY THE COURT, Kevin . Hess, P. J. p Barry Kronthal,Esquire Court Administrator r"71 ii ij f _ ��