Loading...
HomeMy WebLinkAbout12-7226^'ti1~~,'~a ~ ( f 4i ~' i.. ~ ,, Jessica Warner, et al Plaintiff General Motors, LLC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ` ~ ~d 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 BEDFORD STREET CARLISLE, PA 17013 1-800-890-9108 717-249-3166 a-~~9~u3.~5pa ~~-a8~,~ DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Attorney for Plaintiff Identification No.: 53084 32 Parking Plaza Suite 700 Ardmore, PA 19003 215-665-7660 Jessica Warner & Christoper Dye 5 Heim Court Newville, PA 17241 COURT OF COMMON PLEAS vs. Cumberland General Motors, LLC C/O CSC 2595 INTERSTATE DRIVE SUITE 103 HARRISBURGH PA 17110 COMPLAINT 1. Plaintiffs, Jessica Warner & Christoper Dye, are adult individual citizen and legal residents of the Commonwealth of Pennsylvania, residing 5 Heim Court, Newville, PA 17241 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 c/o CSC Interstate Drive, Suite 103, Harrisburg, PA 17110. BACKGROUND 3. Plaintiff incorporates by reference pazagraphs 1 and 2 as fully as if set forth here length. 4. On or about December 14, 2011, Plaintiff purchased a 2009 Chevrolet Cobalt (hereinafter referred to as the "vehicle"), manufactured and warranted by Defendant bearing the Vehicle Identification Number 1G1AP58X797236575. The vehicle was purchased and registered in the Commonwealth of Pennsylvania. The price of the vehicle, including registration chazges, document fees, sales tax, but, excluding other collateral charges not specified, totaled $20,222.00. 6. Plaintiff avers that as a result of the ineffective repair attempts made by Defendant through its authorized dealer, the vehicle cannot be utilized for the purposes intended by Plaintiff at the time of acquisition and as such, the vehicle is worthless. 7. In consideration of the purchase of the above vehicle, Defendant, issued to Plaintiff several warranties, fully outlined in the warranty booklet. 8. On or about December 14, 2011, Plaintiff took possession of the above mentioned vehicle and experienced nonconformities, which substantially impaired the use, value and/or safety of the vehicle. 9. Said nonconformities consisted of but was not limited to defective engine and transmission. Copies of repair receipts are attached hereto and marked as Exhibit "A". 10. The nonconformities violate the express written warranties issued to Plaintiff by Defendant. 11. Plaintiff avers the vehicle has been subject to repair more than two (2) times for the same nonconformity, and the nonconformity remains uncorrected. 12. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the defendant on numerous occasions. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 13. In addition, the above vehicle has or will in the future be out of service by reason of the non-conformities complained of for a cumulative total of thirty (30) days or more. 14. The vehicle continues to exhibit defects 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 and/or conditions for which the Defendant and or it's authorized service center, may not have maintained records. 16. Plaintiff has been and will continue to be financially damaged due to Defendant's failure to comply with the provisions of its' warranty. 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 MAGNUSON-MOSS FEDERAL TRADE COMMISSION IMPROVEMENT ACT 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 "Consumer" as defined by 15 U.S.C. §2301(3). 20. Defendant is a "Warrantor" as defined by 15 U.S.C. §2301(5). 21. Plaintiff uses the subject product for personal, family and household purposes. 22. By the terms of the express written warranties referred to in this Complaint, Defendant agreed to perform effective warranty repairs at no charge for parts and/or labor. 23. Defendant failed to make effective repairs. 24. As a direct and proximate result of Defendant's failure to comply with the express written warranties, Plaintiff has suffered damages and, in accordance with 15 U.S.C. §2310(d) (1), Plaintiff is entitled to bring suit for such damages and other legal and equitable relief. 25. 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 (including attorney fees based upon actual time expended), determined by the Court to have been reasonably incurred by the Plaintiff for, or in connection with the commencement and prosecution of such action, unless the Court, in its discretion shall determine that such an award of attorney's fees would be inappropriate. 26. Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against the Defendant. WHEREFORE, 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 II UNIFORM COMMERCIAL CODE 27. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if fully set forth at length herein. 28. The defects and nonconformities existing within the vehicle constitute a breach of contractual and statutory obligations of the Defendant, including but not limited to the following; a. Breach of Express Warranty b. Breach of Implied Warranty of Merchantability; c. Breach of Implied Warranty of Fitness For a Particular Purpose; d. Breach of Duty of Good Faith. 29. The purpose for which Plaintiff purchased the vehicle include but are not limited to his personal, family and household use. 30. At the time of this purchase and at all times subsequent thereto, Plaintiff has justifiably relied upon Defendant's express warranties and implied warranties of fitness for a particular purpose and implied warranty of merchantability. 31. At the time of the purchase and at all times subsequent thereto, Defendant was aware Plaintiff was relying upon Defendant's express and implied warranties, obligations, and representations with regard to the subject vehicle. 32. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendant to honor its express and implied warranties. 33. Such damages include, but are not limited to, the purchase price of the vehicle plus all collateral charges, including attorney fees and costs, as well as other expenses, the full extent of which are not yet known. WHEREFORE, 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 III PENNSYLVANIA UNFAIR TRACE PRACTICES AND CONSUMER PROTECTION CLAIM 34. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as if set forth at length herein. 35. The Unfair Trade Practices and Consumer Protection Law defines unfair methods of competition to include the following: (xiv). Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to, or after a contract for the purchase of goods or services is made. 36. Plaintiff, as a Pennsylvania resident, believes, and therefore, avers Defendant's failure to comply with the terms of the written warranty constitutes an unfair method of competition. 37. Section 201-9.2(a) of the Unfair Trade Practices and Consumer Protection Law, authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations of the Act. WHEREFORE, 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. DAVID J. GORBERG & ASSOCIATES, P.C. .__---- _ ,, BY: ERG, 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 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. X /S/ David J. Gorbere DAVID J. GORBERG Date: ~~: ~ ~~ -,F r ~~ z a ~.~#= x ~~.~ R a' f j ~[s ^ ~_ ~~ ~~ a ~ - t t ~----. _- _.._. M1 i vwuE ~~ _ r s _ » . _. , . °~£~"" 9 3 3 -,•~ { 37AYE jV M ~,~ ~41ME Prl(}}~( ~ S _..~ i .. '- y -: s Cana _ •a.u , '6M1I~c. lW? { ~ ~ ~ , , ~ -_ `~ - s _ ~ ~ .~ ~ tic ~ ___ ~ s,. ~w~,. ra eE ~~~o aw a~ ,~ee~r ,~ R ~> ,. ~ " , 2009 Chevy wbalt ss Page 1 _. . ~__ - ~ ~ SN,E!lA4~U. w } T^A $k _ExaaE4Et3 add C,ap 4RlC~i~+T ., a udxE Tut'1iS£ ~_-._. j : 3 :___~-. __._.~I ..._.._. _ ~ ~. a Stwta~, ~P_: F•A~C~TQRY i~BItTE Ui- g_.w_.,-•••,~..,.. f4~A/ ~ .. ~: I?'iVL~f.KV alw fii/WG /T T1lY.I~ ~ •CTAV~ `-. w'r~ '~~ u~u~ 1N i.+~`u QF 1~~'{;lw•~t'r i 4zR.wE M\€AE48 ,s~. ~'? c ~..i....~....~. F ` F _.. ______ _______._... ____- __ _~_.. ..._._.._. -,..._...~...._ .._v. ~.,........~...__~~ t ;` .txk, car±caR~ th~i t+sttltW xj~resmr*'es Or tN~,~a! =0 °Awe yei+w*'. c' S:??i '+enacze -~cfrc: ]. ercecl. 7pt Lwmrnscl ` ' a X14€' ~ , ~` tw ~+rrz snses sz rnn cxxaoz* ar+e*± a3 ~sges ^r ' at,art 9Elk.At;° ~ '•di1~:• ^p; i!$~' A.yk ^iSWi~+,~[M :a,. •-"19 ;{$,',YYR l~#L1,~ i us^~+r s ..a ~ ..,,...~~._~., ~__._, _~., ~ ' R>r v~xRR:4tr*Y °xxa4K^~ w ,f !'"~~t»4a t°^?e t[tit'tAifx~l'fe=N p.".~K'-iG a'M 17fR CE~f iA'"~'a ~ t "~~". _. ~ "'! •i~fi' flifi@1' iaplril. N4C -ie,. t _ n~~if i~M` d#Mii/M° s~ ;: w,4 w.}rd ~~~fd±++Q FAy +eRtMRiQ 1lVs irty n '~A[k~ fe 1. X.~iWAra.'~4 !~ ~.y{at~ld rv.SitYf.,• ~ +^' WMi!!f f5}x i ytY'faz;... s:. (V .:~f• dnx* rri ff3Nr. rti<tVfi' K1:l^M ^.M Ifi~IN+y'ti! tnY [XMf Mf!!N` t9 ! d .,^'.! t .!'. ~-ii*~^y n±A~= Yd4 ! fi3i c` ffnl 4fM-~ai^fd a ... '_.t, rff M4/eOdy{1I TT' }!ip , 3 '. t i.f'+f+M ~K~J»A'Y gFSltVf: "' }ina'Ni Dpl~teninL _. > .P " 7 `I,XXW,( ~}e!. ab+[~ 4 ~. $• ~ j.. M -- Y t.-o..;,, re° c-s -s ~+' l4 s~, ,. - .l... ..!'rrn atr+r tr~Onefaa^~'.--.,•• ^~. ~"i•aSR~1!#r•+..w hkAr t~ • •_ >.d: - a c a. ua cr " a ~ .z •M ~~ •• .t r.esns. ; ~~d„ ^9 ~+' rt <-ac ; da ~ ~4.E5 '.+< . < sr.,:: y r.i. ~ _ ...,,,. _.._..-..,..«...s.,,, ....._...r.___.. t 1 1 ~~~€=~z, ~ ?riRAIGF ~ € 4 -.. Y.E ~r. N~~f'd 1. . P~-f~VC . (~. P.IYY Ql~t rw .. ..A oaf N..C :.', M'xw~'.g to ~~~I i j d ~~ws d,P (. ?~+ir [ ^"FY'F Li ,. f fd!?i %'1R_~ LJM YlY Ei~iGl3MBr`+ANC:,Iw -=- ulrs >~ No ~ f.<.~aa,.~m ~ -- y-- t v 7 .., _. ~ E ~ ~ t.f,5`+` ~. ~ t+wFhasx t/ra~M Ihwt dWl IrdM at d b w~ms sw! aond~fan+~ ar+wwv Fwr!rwM. 4ti[ /yM1 airMtr aanaMs aM tuparwdta r'r!Y ~ a sd as d t'M drar -Mr+rot earar~rrw '!,e aon+srtr and NedJ#rw!-f~MRlla~zz~t at t+a tt~+sd ~w~twx na~vrarr».E,ai.a~r+~stl~rac~wr«~it~n~,ttirsr~rr#ri~eeb~c~.erriatw~.mrrM~tDy v»dMMr e~hhau `lw. N'~ , aw ~ oernYaoc tr+d ~> s tut rNurwt am lawn oaldezt wwiht at a ~ at l~lr eimnasrt~t ti~IrM/ b- sn ~#+arfsyd +IwAMr a~ aY' 0~?s rnlMn rwtef at canctl~tlaE+ n dv da~ir. Ptsd+wrr Or +w •rolan of lMr- a~err ~ lwtl Ait Iwa fwM ka Atntat and oondMar, tw end a aw uovfr d !sa krd~.rfd:w segt# aqt or oMNt , .c:ewi'k:~8r or.~ .~_.. _.,, .... _..._,._.. ~daG«uf~tt3ti~rrTUwi' ~ ... c*R~~ 2009 chery cobalt ss Page 2 .H .. s`kxfVf .,n .., ~ ... ...... ... A+.a3 M rt19~ • ~ , ........... 7~AgN . n3 xr. W.n. .~ltARTx rvM-mss Cy $rei x'632; Eyl[e ts: fdit'+M'l'a'jIK~P, .t 2009 Chevy cobalt ss Page 4 c;f~d.ai W~ra~N~ Wt.~ .~ w . ~. ~• jut ? ~~t ~ ar ..,Frd - .. ~~ w____ .._ _. ,.» ,:z~ ., 2009 Chevy cobaltss Page 5 ,~ .~~ , .<~n, . x,.,~ ,,., Mi• 5:37/ -- .1..s„lk " ». '.E ,...+. ,. .t.. .. y.~tx:w. aa... ... . - .~;y. ; a6fs T,. • • :: ~rx~t~~<.• e. .!MSS AIAi{ilY SFJi$SIR fnyv tx^s+ r .. i,>rM. :W E~ x~4Ryp~~ ?Yb9~.. • ~'C !+E. • ra a~ MR8 tp AL x s~. rc5.e .'~. w:C.• Cdr ..a ~t~ ~ r ~ 'I~~: ~ ~... •' ~ ~ • u e ~. rPCI. [ e r 7f KtIr+'2[n ~ ~ ~ a .~Y ~ t uYxt ` M... . 7' i I vS . S ,. s .., a ~I. ae ... ~.. -.e•• ~it~ --• ur d £2 £a 12: .k,:I M .k by^e~ .vu.t: ~, H: "hM ~T: xi Ft,~- .~M , . ~ u..~ .. _._.. .. •.S 1 ~1 n,~ .. S . '~~x ~We. !t`t^.. _..rr .. C~6tw ._ x -fiR~ ,in c~. _trebRC'~ n .. ~NS:O , w(.(M 1000 t~ 3Ji ... .fir .. :.!MIIr,F ~-~ .~ ~ ii. .. ._. ~ $5 r ..r ,tsc~;*-:~.. ~vfl r. ~~ .-. r ..~ RN t~ ~ .~. ,fir f .~/ .. ~ r.. ~.•._ <._1 _. z. .~~f Ea . v ..- 917 . ~- x~i tbA4 St crxKf6X;~ RE ~a;R ••• « :54 ~ J,trl ~AinRF 4 .x; .raet (nt• C. ~f a1Em CARE l7 KK~1 -ik}, `.. ~ - h? '_ARCrRt 9.94 xJ=. f .+.$s 2009 Chevy cobalt ss Page 6 Sunday, October 14, 2012 3:53 PM .f j '( ' ~1 ~i ~~ ~ s ., ~ ' ~: ,: ~~ f 1 ._. _ ~ i ~ ~ .. 1 1`. h ~ ~ ~` .. ' ^ i , ^ f ~ ~ ~ i ~ - } ~ s .~ i ~ i ~ ~i r . ! M • ~ yr. ~ ~. ~st~i ~~~ :.- .. ~ s .. _. ' ~ ..,. _ ~, 1 ,.