HomeMy WebLinkAbout13-1480 .R
B TRISCARI : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
J
G EN E RAL MOTORS, LLC No I I �� I /jo
Defendant ^
Civil Term
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST 'I HE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTF.F:ING 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 PEOPF,RTY
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 - 990 -9108
717- 249 -3166
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
Basil Triscari
325 Braddock Drive
Etters. PA 17319
COURT OF COMMON PLEAS
vs..
Cumberland
General Motors, LLC
C/O CSC
2595 Interstate Drive
Suite 103
Harrisburg, PA 17110
COMPLAINT
1. Plaintiff, Basil Triscari, is an adult individual citizen and legal resident
of the Commonwealth of Pennsylvania, residing 325 Braddock Drive,
Etters, PA 17319
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 2595 Interstate Drive, Suite 103, Harrisburg, PA 17110.
BACKGROUND
3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here
length.
4. On or about August 1, 2012, Plaintiff purchased a new 2013 Chevy `Volt
(hereinafter referred to as the "vehicle "), manufactured and warranted by Defendant bearing the
Vehicle Identification Number IGIRB6E43DU100181. The vehicle was purchased and
registered in the Commonwealth of Pennsylvania.
5. The price of the vehicle, including registration charges, document fees, sales tax,
but, excluding other collateral charges not specified, totaled $42,000.00.
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.
T 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 August 1, 2012, 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 air bag system,
parking brake, steering and rear seat. 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.
COUNT
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. Plaintiffs 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.
21 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 , 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.
27. Plaintiff avers that upon successfully prevailing upon the Lemon I.,aw 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
MAGNUSON -MOSS FEDERAL TRADE COMMISSION IMPROVEMENT ACT
28. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint
by reference as if fully set forth at length herein.
29. Plaintiff is a "Consumer" as defined by 15 U.S.C. §2301(3).
30. Defendant is a "Warrantor" as defined by 15 U.S.C. §2301(5).
31. Plaintiff uses the subject product for personal, family and household purposes.
32. 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.
33. Defendant failed to make effective repairs.
34. 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.
35. 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.
36. 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 III
UNIFORM COMMERCIAL CODE
37. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as
if fully set forth at length herein.
.38. 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.
39. The purpose for which Plaintiff purchased the vehicle include but are not limited
to his personal, family and household use.
40. 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.
41. 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.
42. Plaintiff has incurred damages as a direct and proximate result of the breach and
failure of Defendant to honor its express and implied warranties.
43, 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 IV
PENNSYLVANIA UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION CLAIM
44. Plaintiff hereby incorporates all the paragraphs of this Complaint by reference as
if set forth at length herein.
45. 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.
46. 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.
47. 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:
e Dr) J. GO RBERG, ESQUIRE
y 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.
Gorberg
DAVID J. GORBERG
Date:
INVOICE ORIGINAL
�� Work Order
#74916
C H E V R O L E T AOF August 01 2012
Svc.Adv Strouse, Matt
Cust.Ph. (717) 266 -8800
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 1
Phone #: (717) 266 -8800 Fax #: (717) 266 -8802
P 1 of 2
www.tchevy.com Pa g
01/04/201:3 13:17:05
To Thornton Chevrolet Inc. Year: 2013 Veh Id: 40251 Unit #: C40251
Make: Chevrolet License #:
180 S. Main St. P.O. Box 456 Model: Chevrolet Volt Odo. In:1
Color: CYBER GRAY METALL Odo. Out:
Manchester PA V.I.N. #:1G1RB6E43DU100181 Next Service:,
17345 Date In: 08/01/2012 In Service Date:
Out: 08/02/2012 Cases: 4
=xt. War: - - ( mo/ ) - D: $0.00
Promised Time: 08/0112012 05:00:00 PM Call When Ready: No
Case: 1 Prep trispect�on k r , ; y , _ _� rr,p
Quantity Description /Correction Price Total
$0.00 $0.00
Pre - Delivery Inspection * ** - Tech Cause: pdi * ** - Tech Comments: pdi - Warranty
Completed by Technician number: 15 $0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 2 £ron Flwds�ry
., .� Kam'
�-�
Quantity Description /Correction Price Total
$0.00 $0.00
Pre Delivery Inspection Fluids * ** - Tech Cause: pdi * ** - Tech Comments: pdi - Warranty
Completed by Technician number: 15 $0.00 $0.00
PDI Warranty (Extra Item) - Warranty $0.00 $0.00
'Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case "total: $0.00
Case: 3 Pam te�lrispecton= �I�rernaJf4 Brakes LF RF_� r RFt 7%'"s `" 7y T3=
' v -_ K .d• . :� .�.a .. ..:..:._uu..�,,5�s:E� sp K.ca az �"�r:' � 5 'i
r.
Quantity Description /Correction Price Total
Pa State Inspection - Internal- TH (Brakes: LF_ RF $0.00 $0.00 rnal _ LR _ RR Tires - Inte
Completed by Technician number: 15 Internal
Sticker Fee -INC (Extra Item) - Internal $0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0. Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 4 an or ��P_aStalnspection,,Brakes -' "R '"L" R',
x �
Quantity Description /Correction Price Total
$0.00 $0.00
Pa State Inspection - TH (Pa State Inspection, Brakes: LF RF_ LR _ RR _, Tires - Internal
INVOICE ORIGINAL
MLE j AW'WV Work Order
#74916
i
C E V R O A ugust 01 2012
Svc.Adv Strouse, Matt
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 1h. (717) 2ss -8soo
Phone #: (717) 266 -8800 Fax #: (717) 266 -8802
www.tchevy.com Page 2 of 2
01/04/201:3 13:17:06
Case: 4 Pa' State Inspection TH (Pa State Inspection," Brakes LFL RF LR� `�RR' Tires' 3r r
0 .
Quantity Description /Correction Price Total
Completed by Technician number: 15 $0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
$0.00
Indebtedness is hereby acknowledged for the Total Charges" being all or the
balance owing to repairs, parts & accessories described in this work order. Currency. Labor: $0.00
O Parts: $0.00
lu Payment Ref: Misc: $0.00
Expiry Date: Sub Total: $0.00
P /O #:
T
Tax: $0.00
08/02/2012
00
Date - - -- signature Payment Type Total: $0.
f
i
INVOICE: ORIGINAL
Work Order
O #75573
C H E V R O L E T� August 17, 2012
Svc.Adv Strouse, Matt
Cust.Ph. (717) 580 -6201
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 91:2
Phone #: (717) 266 -8800 Fax #: (717) 266 -8802
www.tche Page 1 of 2
01/04/2013 13:16:39
To Basil J Triscari Year: 2013Veh Id:40251 Unit #:C40251
Make: Chevrolet License #:
325 Braddock Drive Model: Volt Odo. In: 665
Color: CYBER GRAY METALL Odo. Out: 670
Etters PA V.I.N. #:1G1 RB6E43DU100181 Next Service:
17319 Date In: 08/17/2012 In Service Date: 08/02/2012
Out: 09/18/2012 Cases: 4
- xt. War: - - ( mo /) - D: $0.00
Promised Time: 08/17/2012 05:00:00 PM Call When Ready: No
..y <^a� l_,>� - �ct^w r 'T "R��„�.."".--r'mtxs.- =>;""
Case:
1 customer states of abnormal noiseKin brakes seems- totmake a burgping souc�d w(ien�push�rgs eda'
k
�� R � ? � � �� �� • y�� "� ���'_ � �;� �- � ,
e .u�
...�a
Quantity Description /Correction Price Total
1.00 22772326 - AIRBAG ASM -STRG WHL $0.00 $0.00
- Warranty (FP)
$0.00 $0.00
customer states of abnormal noise in brakes seems to make a bumping sound when pushing pedal and
releasing / roadtested and verified the Gust concern called tac case # 71- 1098357710 gm is aware of the
condition and will be releasing a reprogram for the braking system, no braking safety issues are present at
this time - Warranty
Completed by Technician number: 1 $0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
x
Case: 2 NetrogenTre Fill to;39psi ° °-
s `s.
t SYa fy.y. aL'�4
AA
i...�'�v
Quantity Description /Correction
Price Total
1.00 88860865 - Paint -Internal $0.00 $0.00
Nitrogen Tire Fill- request to 39psi / performed nitrogen tire fill - Internal $0.00 $0.00
Completed by Technician number: 1 $0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case'Total: $0.00
Case: 3 C�rpaign921�8T ESPONS Y- YS EI�I ICE C2" `° d D< �a'ie �' i
Quantity Description /Correction Price To
$0.00 $0.00
Campaign # 12187 AUTOMATIC CRASH RESPONSE SYSTEM - REPROGRAM SDM - Added Operation:
- Warranty
Completed by Technician number: 1 $0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
l
" INVO ICE ORIGINAL
�� Work Order
#75573
Rci! E V R O !L E T August 17, 2012
Svc.Adv Strouse, Matt
Cust.Ph. (717) 580 -6201
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 912
Phone #: (717) 266 -8800 Fax #: (717) 266 -8802
Page 2 of 2
www.tchevy.com 01104/201313:16:39
Case: 4 Added %.- us". mer state's air bag module +s not stamped completely TTech Cause rn)ss stamped
�nodtile' Tech Commers `replaceai� bag module �; f kNA;
Quantity Description /Correction Price Total
$0.00 $0.00
Added Operation: customer states air bag module is not stamped completely *" - Tech Cause: miss
stamped module ' ** - Tech Comments: replace air bag module - Warranty
Completed by Technician number: 1 $0.00 $0.00
{Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
$0.00
Indebtedness is hereby acknowledged for the "Total Charges" being all or the
balance owing to repahs, parts & accessories described In this work order. Currency: Labor: $0.00
O Parts: $0.00
Payment Ref: Misc: $0.00
U Expiry Date: Sub Total: $0.00
P /O #:
T Tax: $0.00
09/18/2012
0
_
Date Signature Payment Type Total: $0.0
I
I
- i
INVOICE ORIGINAL
Work Order
#79511
_ C H E V R O L E T November 09, 2012
fir' Svc.Adv Strouse, Matt
Cust.Ph. (717) 580 -6201
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 713
Phone #: (717) 266 -8800 Fax #: (717) 266 -8802
www.tchevy.com Page 1 of 2
01 /04/2013 13:16:19
To Basil J Triscari Year: 2013 Veh Id: 40251 Unit #: C40251
Make: Chevrolet
License #:
325 Braddock Drive Model: Volt Odo. In: 4,276
Color: CYBER GRAY METALL Odo. Out: 4,276
Etters PA V.I.N. #:1 G1 RB6E43DU100181 Next Service:
17319 Date In: 11/09/2012 In Service Date: 08 /02/2012
Out: 11 /09/2012 Cases: 2
=xt. War: - - ( mo /) - D: $0.00
Promised Time: 00 /00 /0000 00:00:00 AM Call When Ready: No
Case: 2 Campaign # 12241 DELAYED RATE & .DEPARTURE TIME ? CHARGE M DSOFTW , s
x � ARE ANQNAAL
-
$,-- F�.'�`.'La
Quantity Description /Correction Price Total
$0.00 $0.00
Campaign # 12241 DELAYED RATE 8 DEPARTURE TIME CHARGE MODE SOFTWARE: ANOMALY
Tech Cause: open service campaign 12241 * ** - Tech Comments: performed open service campaign
12241 -Warranty
Completed by Technician number: 6 $0.00 $0.00
'Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 4 "r states the R/Ftea door body sib eat e sr tripFisdorr�dT , Ca e; ,
th was deformetl Tech Comments replaced tt" defi�". �` atM � { e� o
Quantity Descnption /Correction Total
1.00 20993868 - WEATHERSTRIP ASM -RR $0.00 Price Total
S/D (BODY SI) - Warranty (FP)
$0.00 $0.00
Cust states the R/Rear door body side weather strip is deformed * ** - Tech Cause: verified the cult concern
found the weatherstrip was deformed * ** - Tech Comments: replaced the deformed weatherstrip and
verified repair okay - Warranty
Completed by Technician number: 6
_ $0.00 $0.00
'Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00 i
$0.00
INVOICE ORIGINAL
Work Order
#79511
09, 2012
C E V R O L E T November
Svc.Adv Stro rousese, Matt
Cust.Ph. (717) 580 -6201
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 713
Phone #: (717) 266 -8800 Fax #: (717) 266 -8802 II
Page 2 of 2 I
www.tchevy.com 01/04/2013 13:16:20
Indebledness is hereby acknowledged for the "Total Charges" being all or the Labor: $0.00
balance owing to repairs, parts &accessories described In th(s work order.
Currency:
O Parts: $0.00
Payment Ref: Misc: $0.00
Expiry Date: Sub Total: $0.00
P /O #: i
T Tax: $0.00
11/09/20 _
Date signature -- [ Payment Type Total: $0.00
i
INVOICE ORIGINAL
wr N Work Order
Q #8U558
L H E V R O L E Tm December 03, 2012
Svc.Adv Moyer, Hanoch
Cust.Ph. (717) 580 -6201
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 124
Phone 4: (717) 266 -8800 Fax 4: (717) 266 -8802
WWW.tchevy.com Page 1 of 2 I
01/04/201:3 13:16:02
To Basil J Triscari Year: 2013Veh Id: 40251 Unit #:C40251
Make: Chevrolet License M
325 Braddock Drive Model: Volt Odo. In: 5,133
Color: CYBER GRAY METALL Odo. Out: 5,144
Etters PA V.I.N. #:1 G1RB6E43DU100181 Next Service:
17319 Date In: 12/03/2012 In Service ,Date: 08/02/2012
Out: 12/05/2012 Cases: 5
=xt. War: - - ( mo /) - D: $0.00 i
Promised Time: 00 /00 /0000 00:00:00 AM Call When Ready: No
c - r x, re h a w.v.. -,ar.r amass - c
Case: 1 Cunt states't�e se�ice perking brake hangs up af�times �a0d�thet'e 1s a error message that displays fo`service
Quantity Description /Correction Price Total
$0.00 $0.00
Cust states the service parking brake hangs up at times, and there -is a error message tha:: displays to
service the parking brake see case # 4 for repairs made - Internal
$0.00 $0.00
IMisc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 3 C►ilpaign #12236 REARSEATREMQVAB(E��AR111 RETRATTE
Ri !III
f �a � ' # i'u
,,'
t.xx. Y' ,3` 5
Quantity Description /Correction Price Total
$0.00 $0.00
Campaign # 12236 REAR SEAT REMOVABLE ARM REST RATTLE * ** - Tech Cause: open service
campaign 12236 * ** - Tech Comments: Performed open service campaign 12236 - Warranty
Completed by Technician number: 1 $0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 4 G rnp`aign #>s 1 "ON€ US EL GT IC:I?AR KEG ESSAGE "AIDz (Gki N�DTCC 27D
Quantity Description /Correction Price Total
2.00 11546593 - NUT - Warranty (FP) $0.00 $0.00
2.00 13317308 - BOLT /SCREW -S /GR - $0.00 $0.00
Warranty (FP)
1.00 13413955 - GEAR ASM -ELEC DUAL $0.00 $0.00
PINION R/PINION STRG - Warranty
(FP)
2.00 11071813 - WASHER,S /GR - Warranty $0.00 $0.00
(FP)
$0.00 $0.00
Campaign # 12266 ERRONEOUS ELECTRIC PARK BRAKE MESSAGE AND LIGHT ON, DTC CO27D *** -
Tech Cause: open service campaign 12266 * ** - Tech Comments: Reprogramed the park brake module per
open campaign 12266 - Warranty
Completed by Technician number: 1 $0.00 $0.00
INVOICE ORIGINAL
r0tv Work Order
#80558
C H E V R O L E T ANW December 03, 2012
Svc.Adv Moyer, Hanoch
Cust.Ph. (717) 580 -6201
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 124
Phone #: (717) 266 -8800 Fax #: (717) 266 -8802
www.tchevy.com Page 2 of 2
01/04/2013 13:16:02
Case: 4 Cam�Saign # 12266 ERRONEOUS ELECTRIC PARK BRAKE MESSAGE AND LIGHT ON, C)T.0 =CO27D
y
f
v
Quantity Description /Correction Price Total
Freight Chgs - Warranty (Extra Item) - $0.00 $0.00
Warranty
'Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 5 Cust states mtr while dnvmg 65 70 mph the steering Is b�ndmgick ni g hile`ur ing either right o� I�ft
r ti rte.
� x .'"', : � s t , , � r }_ �� '^£��' k „'�}� l{ t-`t � �' - jt }�`�$ �"%FtG . �Sr,�i�
"t'N,F
._ : ,,,tea.,,,. >..k
�.u�sr.a
Quantity Description /Correction Price To .:€; tal
$0.00 $0.00
Cust states int. while driving 65 -70 mph the steering is binding / sticking while turning either right or left
Tech Cause: roadtested and verified the cust concern checked and found no related service bulletins called
tac case # 71- 1132383259 * ** - Tech Comments: Per tac replaced the steering gear and performed
alignment and roadtested and verified repair okay - Warranty
Completed by Technician number: 1 _$ 0.00 $0.00
'Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 6Ir�LZdtaUo (TI a Rotdtoi n)�' 5.
"�q.i�.
e , , xkiil.
Quantity Description /Correction Price Total
Tire Rotation - TH (Tire Rotation) - Internal $0.00 $0.00
Completed by Technician number: 1 $0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Notes
- (717)580 -6201 $0.00
Indebtedness Is hereby acknowledged for the "Total Charges" being all or the
balance owing to repairs, parts & accessories described In this work order. Currency: Labor:: $0.0
O Parts: $0.00
Payment Ref: Misc: $0.00
Expiry Date: Sub Total: $0.00
P /O #:
T
Tax: $0.00
12/05/2012
Date Signature Payment Type Total: $0.00
INVOICE ORIGINAL
Work Order
#82988
C H E V FR O L E T ADW February 04, 2013
Svc.Adv Strouse, Matt
Cust.Ph. (717) 580 -6201
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 563
Phone #-. (717) 266 -8800 Fax #: (717) 266 -8802
www.tchevy.com Page 1 of 2
02/09/2013 12:25:32 j
To Basil J Triscari Year: 2013Veh Id: 40251 Unit #:C40251
Make: Chevrolet License #:
325 Braddock Drive Model: Volt Odo. In: 6,957
Color: CYBER GRAY METALL Odo. Out:
Etters PA V.I.N. #:1G1RB6E43DU100181 Next Service:
17319 Date In: 02/04/2013 In Service Date:08/02/2012
Out: 02/08/2013 Cases: 5
=xt. War: - - ( mo /) - D: $0.00
Promised Time: 02/04/2013 05:00:00 PM Call When Ready: No j
Case: 1 customerstates.' love boxs ratttles
r
9
ti
Quantity Description /Correction Price Total
1.00 22830709 - DOOR ASM -I /P COMPT $0.00 $0.00
- Warranty (FP)
$0.00 $0.00
customer states glove boxs ratttles * ** - Tech Cause: road test to duplicate found loose glove box handle
* ** - Tech Comments: replace glove box assy test ok - Warranty
Completed by Technician number: 1
$0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 2 customer states of flaw, in windshield s k {
k ;
0; � , fi" �r S A,.
Quantity Description /Correction Price Total
$0.00 $0.00
customer states of flaw in windshield, impact mark in windshield - Internal
Completed by Technician number: 1 $0.00 $0.00
Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 3 customer states of warped panel �ntrur►k
V a
Quantity Description /Correction Price Total
1.00 22798952 - DOOR -QTR STOW PKT $0.00 $0.00
-Internal
$0.00 $0.00
customer states of warped panel in trunk interior trim replace trunk pocket - Internal
Completed by Technician number: 1 $0.00 $0.00
'Misc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case'rotal: $0.00
INVOICE; ORIGINAL
L . Work Order
#82988
C H E V R O L E T� February 04, 2013
Svc.Adv Strouse, Matt
Cust.Ph. (717) 580 -6201
180 S. Main St. P.O. Box 456 Manchester, PA 17345 Tag# 56:3
Phone #: (717) 266 -8800 Fax #: (717) 266 -8802
www. tchevy. com Page 2 of 2
02/09/2013 12:25:33
-_ _
Case: 5 customer statesradlo and clock locked up and no adiusstments .. can be matle,
Quantity Description /Correction Price Total
$0.00 $0.00
customer states radio and clock locked -up and no adjustments can be made ** - Tech Cause: condition
related to P10868A * ** - Tech Comments: perform reflash - Warranty
Completed by Technician number: 1 $0.00 $0.00
IMisc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
Case: 6 customer states iphone wtll not`,sync with mylmk
i N ri
Quantity Description /Correction Price Total
$0.00 $0.00
customer states iphone will not sync with mylink no programming available at this time - Internal
Completed by Technician number: 1 $0.00 $0.00
IMisc $0.00 Labor $0.00 Parts $0.00 Prepaid Parts Amt: $0.00 Case Total: $0.00
$0.00
Indebtedness is hereby acknowledged for the "Total Charges' being all or the Currency. Labor: $0.00
balance owing to repairs, parts 8 accessories described in this work order.
O Parts: $0.00
Payment Ref: M ISc: $0.00
Expiry Date: Sub Total: $0.00
P /O #:
T Tax: $0.00
02/08/2013
Date Signature Payment Type Total: $0.00
i
4
DAVID J. GOR13ERG & ASSOCIATES,P.C.
BY: DAVID J. GORBERG Attorney for Plaintiffs
IDENTIFICATION NO.: 53084
700 TIMES BUILDING
SUBURBAN SQUARE
ARDMORE,PA 19003 -U:x
215-665-7660 s -¢v
< ch Cy
r= --4�"
BASIL TRISCARI : COURT OF COMMON PLEAS
C _.
vs. r�
GENERAL MOTORS, LLC : NO. 13-1480 CIVIL
AFFIDAVIT OF SERVICE
UNDER PRCP #2082
4
I, DAVID J. GORBERG, being duly sworn according to law, depose and say that I am the
attorney for the plaintiff Basil Triscari, I did mail to defendant, General Motors, LLC last known
address c/o CSC 2595 Interstate Drive,Suite 103 Harrisburg,PA 17110 an attested copy of the Civil
Action Complaint,the original of which has been filed of record with the Office of the Prothonotary
of Cumberland County;and that said complaint and letter were mailed,United States Priority Mail;
and that the attached is a true and correct copy of the letter dated March 22, 2013, and that the
attached receipt is the receipt for said certified letter signed by an agent of the defendant on March
28,2013.
or er
AVID J. GORBERG, ESQUIRE
DAVID J. GORBERG & ASSOCIATES, P.C.
32 PARKING PLAZA
DAVID J. GORBERW SUITE 700 NEW JERSEY OFFICE
LAURA L.APPLEGATE
COURTNEY L. SOFIA' ARDMORE, PA 19003 208 KINGS HIGHWAY SOUTH
EDWARD B. FEINER� CHERRY HILL, NJ 08034
1-800-MY-LEMON (856)354-2119
'MEMBER OF PA AND NJ BARS 1-800-695-3666
tMEMBER OF PA AND NY BARS
215-665-7660 PITTSBURGH OFFICE
FAX 215-563-8738 1900 ALLEGHENY BLDG.
429 FORBES AVENUE
www.MyLemon.com PITTSBURGH, PA 15219
412-894-9970
FAX 412-894-9983
March 22, 2013
General Motors, LLC
c/o CSC
2595 Interstate Drive
Suite 103
Harrisburg, PA 17110
RE: Triscari vs General Motors, LLC
DOCKET # 13-1480- Civil
Dear Sir/Madam:
Pursuant to the current Rules of Civil Procedure, we enclose herein the copy of the Civil Action
Complaint,the original of which has been filed by our office in connection with the above
referenced matter.
You are hereby notified that you have been sued in Court and that you must take action within
twenty(20)days from your receipt of this letter or a default judgment may be entered against
you.
Very truly yours,
DAVID J. GORBERG
DJG/mk
Enclosure
v
Cut on dotted line.
Instructions Online Label Record (Label 1 of 1
1.Each Click-NShip®label Is unique. Labels are to be LISPS TRACKINGTm Number:
used as printed and used only once. DO NOT PHOTO
COPY OR ALTER LABEL. 9405 5036 9930 0366 1761 58
Paid Online
2.Place your label so it does not wrap around the edge of Transaction#: 259402592 Priority Mail®Postage: $5.05
the package. Print Date: 03125/2013 Total: $5.05
Ship Date: 03/25/2013
3.Adhere your label to the package. A self-adhesive label
Is recommended. If tape or glue is used,DO NOT TAPE
OVER BARCODE. Be sure all edges are secure. From: DAVID GORBERG
DAVID J.GORBERG&ASSOCIATES,P.C.
4.To mail your package with PC Postage®,you 32 PARKING PLZ STE 700
may schedule a Package Pickup online,hand to ARDMORE PA 19003-2440
your letter carrier,take to a Post Officer"",or
drop in a USPS collection box. To: GENERAL MOTORS,LLC
C/O CSC
5.Mali your package on the"Ship Date"you 2595 INTERSTATE DR
selected when creating this label. STE 103
HARRISBURG PA 17110-9378
Commercial Base Pricing Priority Mail rates apply. There is no fee for USPS
Tracking-service on Priority Mail service with use of this electronic rate shipping
�- label. Delivery information is not available by phone for the electronic rate. Refunds
for unused postage paid labels can be requested online 30 days from the print date.
r\S�Gt� V% CM
�UNIrAL5ERJC Thank you forshi in with the United States Postal Service!
POSTdL SERVICEee y shipping
Check the status of your shipment on the Track & Confirm page at usps.com
;a.
Marie Kahlan
From: Britney Doyle <britney @mylemon.com>
Sent: Monday,April 01, 2013 8:52 AM
To: 'Marie Kahlan'
Subject: FW: USPS Shipment Info for 9405 5036 9930 0366 1761 58
Britney Doyle, Paralegal
David J. Gorberg&Associates
32 Parking Plaza -Suite 700
Ardmore, PA 19003
Phone#215-665-7660 Ext 255
Fax#215-563-8738
1-800-MY-LEMON (1-800-695-3666)
-----Original Message-----
From: U.S._Postal_Service_[mailto:U.S. Postal Service @usps.com]
Sent:Thursday, March 28, 2013 4:48 PM
To: britnev @mvlemon.com
Subject: USPS Shipment Info for 9405 5036 9930 0366 176158
This is a post-only message. Please do not respond.
DAVID GORBERG has requested that you receive a Track&Confirm update, as shown below.
Track& Confirm e-mail update information provided by the U.S. Postal Service.
Label Number:9405 5036 9930 0366 176158
Service Type: Priority Mail Delivery Confirmation
Shipment Activity Location Date&Time
----------------------------------------------------------------------------
Delivered HARRISBURG PA 17110 03/28/13
10:OOa m
Out for Delivery HARRISBURG PA 17110 03/28/13
9:49am
Sorting Complete HARRISBURG PA 17110 03/28/13
9:39am
1
f , L. PR0TIH0�ii1)Tt,q
7013A11 39 AM11: 27
DAVID J. GORBERG & ASSOCIATES, P.C. CU B ERLAND CCUNITv
By: DAVID J. GORBERG Attorney for Plaint&'NS YLVANIA
IDENTIFICATION NO. 53084
700 Times Building
Suburban Square
Ardmore,PA 19003
(215)665-7660
BASIL TRISCARI : COURT OF COMMON PLEAS
vs.
GENERAL MOTORS, LLC : NO. 13-1480 - CIVIL
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.
,440viiD. ERG
VID J. GORBERG, ESQUIRE
Attorney for Plaintiff