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HomeMy WebLinkAbout14-3543 Supreme Cont of Pennsylvania Cour 0GCOIIIIIIQ leas For Prolhonotary Use Only: tri.-. YN.�;, J > C HT6verl� t ti Docket N CUMBERLAND County 114 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition fi Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T AMANDA LEHMAN CHRYSLER GROUP, LLC I Are move damages requested? ❑Yes ❑ NO Dollar Amount Requested: Qwitbin arbitration limits y g 9 ry R (check one) Doutside arbitration limits a N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJAppeal? 0 Yes !�- No A, Name of PlaintifflAppellant's Attorney: DAVID J.coRBERG Check here if you have no attorney(are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. if you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional © Buyer Plaintiff Administrative Agencies h Malicious Prosecution — Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections l 1 Nuisance ❑ Dept.of Transportation El Premises Liability ❑ Statutory Appeal:Other S Q Product Liability(does not include E mass tort) ❑ Employment Dispute: El Slander/Libel/Defamation Discrimination G ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T Other: I ❑ Other: o MASS TORT El Asbestos N E] Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B n Other: Eminent Domain/Condemnation 0 Declaratory Judgment Ground Rent ❑ Mandamus -3 Landlord/Tenant Dispute 1-y Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ! ' Quo Warranto ❑ Dental E3 Partition ❑Replevin ( d Legal ❑ Quiet Title ❑Other: Medical ❑ Other: n Other Professional: Updated 11112011 r'p+ LJ !1'"S fi jr ju; 2 f art , 02 AMANDA LEHMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNYLVA A CHRYSLER GROUP, LLC No ,3 20 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 BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 C, -53,75 r� �1 �o7�so 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 Amanda Lehman 145 Limekiln Road Carlisle, PA 17015 COURT OF COMMON PLEAS vs. Cumberland Chrysler Group LLC 1000 Chrysler Drive, CIMS 485-13-32 Auburn Hills, MI 48326 COMPLAINT 1. Plaintiff, Amanda Lehman, is an adult individual.citizen and legal resident of the Commonwealth of Pennsylvania, residing 145 Limekiln Road, Carlisle, PA 17015 2. Defendant, Chrysler Group LLC is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania with its principle place of business located at 1000 Chrysler Drive, CIMS 485-13-32 Auburn Hills, MI 48326. BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length.. 4. On or about July 2, 2013, Plaintiff purchased a new 2013 Dodge Dart(hereinafter referred to as the "vehicle"), manufactured and warranted by Defendant bearing the Vehicle Identification Number 1 C3CDFBH9DD214317. 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 $24,029.00. 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 July 2, 2013, 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, engine /transmission (3xs). 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. Plaintiff 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 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 Law 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 & IOCIATES P:C:' BY: DAV FJ. GORBERG, ESQUIRE Att�ney for Plaintiff VERIFICATION The undersigned verifies that the Civil Action Complaint is based on information furnished to counsel in the preparation of his/her Lemon Law and/or Breach of Warranty lawsuit. The language of the Civil Action Complaint is that of counsel and not of signer. Signer verifies that the information supplied to counsel is true and correct to the best of his/her knowledge, information and belief. The contents of the Civil Action Complaint is that of counsel and not of signer. This verification is made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. X ; - Amanda Lehman Date: COMMONWEALTH OF PENNMVANIA REGSTRAnM MDENTIAL c EXPIRY: JUN'30, 2014 YVALID•0011.3 PL :_ ''7HN8O28 s" '.x s r It C. ' s � ATE T]nF: 722.33851401 .LE SIGNA1'11RE. Vim: C3cbFAfi9 )214?1 Z 4" '` ; s x r'y° r , YR/bMKE: !: `> a *... a c::.'d 1 hm W adawMdedge Ods day 001 have mmk#ad TYPE:' ~ 'D kRD: " 3192 3AO0 00926=QOI s" ,> ndtoe d Ons pvvwone d Sedlon 3m of Om VdAdo V. TITLE'BRANDS: Cade EIQSSION INSPECTION REQUIRED/DIESEL EXEMPT COUNTY CUMBERLAND • V AMANDA LEE LEHMAN 145 LIMEKILN RD CARLISLE PA 17015 . Mechanicsburg. NA 1 f= y •t,'• �prK :+r�«.;..ur;. •r W:.• :•ar.1R'.;^;.v, ' ..���y,, yy..y, > -Y•�,]n. ,"v- Amanda Lehman 2013 Dodge Dart SXT/Rallye E(7-17)SW9320 VIN: 1C3CDFBH9DD214317 Stock ft: D8512 Mileage: Color. Tungsten Mtaliic 2 L :di!, •il.".::C::v.-'.:9 •.VY. S;:tt:...&�.. �4?!4.n ''.. ......... x 7Ye!arMaeMoeVIN Engine Mileage Payoff $0.00 FAIR MARKET VALUE TRADE ALLOWANCE - $1,750.00 Rebate $22,279.00 P ENT $3;000:00 $336 to $346 Term: 72 months x x Customer Signature Manager Signature Dai Date Disclaimer: Upon Approved Credit&Verification of Payoff. 6714r20 Carlisle Pike Mechanicsburg,PA 17090 I am:717-897-9448 RO: 140888 Toll Free:800382-1436 Cashier: 13:51-2 t Date Out: 07/12/2013 www.cvmamtopark.com OPEN 'IN:1623OUT:13- :ustomer: 45712 Stock #:D8512 VIN:IC3CDFBH9DD214317 AMANDA LET LEHMAN 2013 DODG DART SXT TUNG 145 LIMEKILN RD Miles-In: 372 Out: W2 CARLISLE PA 17015 Delivered: 07/02/201: Home: 717-586-9320 Work: N/A In Service: 07/OZy201: Advisor: 000929-JOSHUA ROBERT THUMMA Hat: Date In: 07/08/201: Sold By: CHRIS MCBETH )P Acct Tech Hours Complaint/Cause/correction Per Unit Extended Pri ( WARRANTY A SFWD Multi X 51DOZ CUSTOMER STATES POWER MIRRORS INOP. CHECKED FOR B+ AT DOOR SWITCH ON CIRCUIT #A907 NO POWER. CHB cKED FOR POWER IN DOOR SWITCH DOOR JAM ON DOOR SIDE STILL NO POWER. CHECKED FUSE 53 ON BCM OIC. HAD TO REMOVE KNEE BOLSTB R PANEL, LEFT SIDE DASH END CAP, DOOR SWITC DOOR SEAL TRIM TO GAIN ACCESS To BCM. REMOVED SCM TO GET BCM C7 CONNECTOR ON BACK OF BCM. CM"7811 POR B+ AT C7 PIN 4 OX. HAVE ON OPEN BETWEEN DOOR HARNESS AND BCM C7 CONNECTOR. REMOVED DOOR SWITCH DOOR TO PULL OUT C330. ONCE DOOR WAS REMOVED POUND C330 XULL OF RUST AND CORROSION. VEHICLE NEEDS LEFT DOOR HARNESS AND BODY HARNESS. HAD TO REINSTALL DOOR SWITCH DOOR UNTIL PARTS CAME IN. PARTS TO REMOVE TO DO BODY HARNESS. BOTH FRONT SEATS, CENTER CONSOLE AND CLOS8'01UT PANELS, DASH END CAPS, ALL DOOR SEALS.-4, BOTH A-PILLARS, OVER HEAD CONSOLE, BOTH B-PILLARS, BOTH C-PILLARS, REAR SEAT BOTOMS, REAR SEAT BACK, TRUNK PANELS-3, BOTH REAR WHEBLS, BOTH REAR FENDER LINERS, CENTER DASH MOUNT BRAKETS-2, ALL CARPET, BOTH FRONT HVAC DUCTS. BOTH FRONT DOORS, DROP HEADLINER DOWN, REAR DECK PANEL, FUEL PUMP CLOSE OUT PANEL. KNEE BOLSTER, REMOVED BCM, GRAB HANDLES-4, VISORS-2,. AFTER REMOVING ALL THE LISTED COMPONETS, REMOVED AND REPLACED BODY HARNESS, AND REINSTALLED ALL COMPONETS MWM. HAD TO WELD PASSENGER FRONT DOOR BINGE DUE TO THRRADS FOR BOLT To GO nM JUST SPIN. REMOVED AND REPLACED DOOR .SWITCH DOOR HARNESS. POWER MIRRORS WORKING OK NOW. PO: 408880 HRS 6.1 Labor*Dp: 08907501 Condition Code: 1 Fail Code: ML HRS 0.9 08904503 HRS 2.5 85410000 Parte: 1 68202443AA IMXNG-FRONT DOOR 1 6827152SAD WDMIG-UNIFIED BODY aaaa CONTINUED ON NEXT PAGE c«< 8714020 CarUsie Pike Mechanicsburg.PA 1705D Loca1:717497-9448 RO; 144888 In 2011 Free:ON-3324438 Cashier: 13:51-2 N Date Out: 07/12/2013 www.cvmautopark.com - OPEN »» CONTINUED FROM PREVIOUS PAGE c«< IN:1623OUT:1349 Customer: 45712 Stock #:D8512 VIN:IC3CDFBH9DD214317 AMANDA..1,$4 LEHMAN 2013 DODG DART . SXT TUNG 1111041111 a Miles-In: 372 Out: 372 i5 Delivered: 07/02/2013 Home: 717.-.5.9 '-.9320 Work: N/A In Service: 07/02/2013 Advisor: 000929-JOSHUA ROBERT THUMMA Hat: Date In: 07/08/2013 Sold By: CHRIS MCBETH OF Acct Tech Hours Complaint/Cause/Correction Per Unit Extended Price Parts: 1 507303SAA SLEEVE-HEAT SHRINK [ HARRANTY } 8 ECSC 000903X OOD209 CUSTOMER STATES RENTAL CAR-24 HOURS, CUSTOMER RESPONSIBLE UN LESS CALLED BY ADVISOR PAST 24 HOURS CC14PL'STE PO: 408881 Labor Op: 85333333 Condition Code: Fail Code: Sublet PO: 27620 ( CUSTOMER PAY ] c SCPD 000903 57 CUSTOMER STATES PLASTIC PART BY THE DRIVER SIDE OF THE WINDSHEILD POPPED IIP FOUND TRIM ON COWL PANEL CAME LOOSE. REINSTALLED [ CUSTOMER PAY ] D SCPD 000903 30DOZ CUSTOMER STATES WHEN PARKED ON A SLIGHT UPHILL HILL WHEN VEHICLE IS PUT INTO GEAR THERE I8 A CLUCK NOISE TESTED ANOTHER vWICLE AND VERRIFIBD NOISE ON ANOTHER VBfrICLB AND IS THE SAME. NO PROBLEM FOUND ( CUSTOMER PAY ] *B SCPD 000903 01DOZ CUSTOMER STATES PERFORM MULTI-PO324T INSPECTION COMPLETED MULTI-POINT INSPECTION »» CONTINUED ON NEXT PAGE <e« 8714120 Carlisle Pike Mechanicsburg,PA 17050 Local:717.697-9448 RO: 140888 Toil Free:800.3824438 Cashier: 13:51-2 www cvmautopark.corn ® .goi Date Out: 07/12/2013 a000w 6 OPEN »» CONTINUED FROM PREVIOUS PAGE «« IN:1623OUT:1349 Customer: 45712 Stock #:D8512 VIN:IC3CDFBH9DD214317 AMANDA LEE LEHMAN 2013 DODG DART SXT TUNG 2. Miles-In: 372 Out: 372 MOM 3a Delivered: 07/02/2013 Home: 717-5.86-93°20- Work: N/A In Service: 07/02/2013 Advisor: 000929-JOSHUA ROBERT THUMMA Hat: Date In: 07/08/20:13 Sold By: CHRIS MCBETH OP Acct Tech Hours Complaint/Cause/Correction Per Unit Extended Price [ COSTGNSR PAY ] iF SCPD 000903 90DZ90 CUSTOMER STATES PERFORM COMPLIMENTARY CAR WASH COMPLETED [ WARRANTY ] +G SFWV `,. 000903X 9.9DZ01 CUSTOMER STATES OPEN N-32 RECALL PMU76RMED N-32 RECALL PO: 408882 HRS 0.3 Labor Op: 08N32182 Condition Code: 1 Fail Code: FM I hereby autimrise the rair work herein set forth to be done along DISCIArM8R OF wautAnTrsst All warranties on We product ase with the epnecessary material and agree that you are not respoaalble ��e manufacturers. VALLEY MOTORS he e4wessly for loss or damage to vehicle or articles .loft in vehicle an case of disclaims all warrane e�r aocpreeb or implied. tire, thaft,:or anyy otth�er cause beyond your J�oonntrol or for any delays including any implied Warren eyy of masehaneabi ttyy or fitness eauaed by vnayailabllity oC is or delays .in s shipments by the for a Particular purpose and CUl I.AIID VAMAY 0MRs.nalther lieu or trans rtcr. r seby grant you end/or your e�layeas Domes nor authorizon any tber oo to assume for ppaaiaiisalan to opeiate the vH1 a herein deacsibed oq at as t any liability in eonnectYon wi'�hrehe sale of the product. highways or elaerjeare fpr the purpose of testing an or in�pgc�ion. Thio disclaimer by CDIMM MIAND VAUXT MOTORS in no way affect$ =rose mocbanig-a lien is hereby acknowledged on the vehicle to the terms oC the manuEpcturer•s warranty. saeura the amount of repairs thereto. -Allpasta installed are.new/salvaged or reeenditioned Parts.* Ala.t42MM SUBJWP TO A NnirMUM OF .S IWU%t DIAGNOSTIC TiMB. QUi $TRicruy CASH unless arrangements made. signature: Thank you for allowing us to serve you! -Pr'." ij?^Y.",! W�W� VM RV) IWJ TZIZ� 6714120 Carlisle Pike MeeAankwburS PA 17060 l teal:717-8974MM RO: 144510 ' Toll Fres:8003824438 Cashier: 16:15-1 N Date Out: 01/27/2014 wwwcvmautoperk.cdM OPEN IN:073SOUT:1614 Customer: 45712 Stock #:D8512 VIN:IC3CDFBH9DD214317 AMANDA LEE LEHMAN 2013 DODG DART SXT TUNG 145 LIMEKILN RD Miles-In: 9733 Out: 9733 CARLISLE PA 17015 Delivered: 07/02/2013 Home: 717-586-9320 Work: N/A In Service: 07/02/2013 Advisor: 000539-KATE REED Hat: Date In: 11/25/2013 Sold By: CHRIS MCBETH OF Acct Tech Hours Complaint/Cause/Correction Per Unit Extended Price ( WARRANTY A SFWD • Multi X 10DZ06 COSTOMER STATES THE CHECK ENGINE LIGHT IS ON IT IS NOW OFF WITECH SCREEN SHOT OF CODES, PCM-00101-o0, ABS-U01o1-00, cTM -U11B8-00, RFH-00101-00, BCM-81687-18, BCM-U0101-87. SSM-U01 01-00. RADIO-U11F6-00. SEVERAL CODES LOST COMMUNICATION WITH TCM: COODEs NOT ACTIVE NOW_ CLEARED Dw s AND FINALLY WAS A BLE '40 GET TCM TO GO OFF THE BUS. TRIED WIGGLING HARNESS AT TCMMODULE STILL OFF THE BUS. CHECKBD FOR BOTH GROUNDS-3B+ AND MEG BUS WIRES ALL TCM INTERNAL FAULT. RE4OVED AND REPLACED TRANSMISSION CONTROL MODULE t M 0.2 Labor Op: 08190501 Condition Code: i Fail Code: ML HRS 0.3 08190550 HRS 0.5 85410800 Parte: 1 68242643AA MODULE-TRANSMISSION CONTROL ( CUSTOMER PAY j B SCPD' Multi 51DOZ Labor Total: 282.00 CUSTOMER STATES RAT GOT IN VEHICLE AND CHEWED BY HEATER VENTON FLOOR, PASS FLOOR MAT, REAR PASS SEAT, AND UNDER SEAT FOUND RODENT CHEWED BACK OF SEAT COVER, CUSHION AND FLOOR MA T REMOVED AND REPLACED PASS REAR SEATRUM CUSHION AND COVER. A LL FLOOR MATS Parts: 1 5LH62LX3AA COVER-REAR SEAT BACK 220.00 220.00 1 60083609AD FOAM-SEAT BACK 105.00 105.00 1 68164963AR SCREEN-AIR INLET 5.60 5.60 1 1SW32DX9AD MAT-FLOOR 84.35 84.35 Total Parts: 414.95 Operation Total: 696.95 »» CONTINUED ON NEXT PAGE <e« 8714120 Carlisle Pike Mechanicsburg,PA 17050 N ; T Local.717-W7-9448 RO: 144510 Toll Frew 800-M4436 Cashier: 16:15-1 40 Date Out: 01/27/2014 wwwcvmautopark.com ® 0--msUmonu OPEN »» CONTINUED FROM PREVIOUS PAGE «« IN:0735OUT:1614 Customer: 45712 Stock #:D8512 VIN:iC3CDFBH9DD214317 AMANDA LEE LEHMAN 2013 DODG DART SXT TONG 145 LIMEKILN RD Miles-In: 9733 Out: 9733 CARLISLE PA 17015 Delivered: 07/02/20.13 Homs: 717-586-9320 Work: N/A In Service: 07/02/2013 Advisor: 000539-KATE REED Hat: Date In: 11/25/2013 Sold By: CHRIS MCBETH OP Acct Tech Hours Complaint/Cause/Correction Per Unit Extended Price [ C SCPD . 000903 01DOZ CUSTOMER PAY'] CUSTOMER STATES PERFORM MULTI-POINT INSPECTION COMPLETED MULTI-POINT.INSPECTION : [ CUSTOMER PAY I D SCPD000903 90DZ90 CUSTOMER STATES PERFORM COMPLIMENTARY CAR WASH COMPIXTED [ ;E ECSC 000903 OODZ09 WARRANTY I CUSTrMR STAIRS :RENTAL CAR-24 HOURS, CUSTOMER RESPONSIBLE UN IC,E$ f yin BY ADVISOR PAST 24 HOURS PO: 45101 Labor Op: 85333333 Condition Code: 1 Fail Code: MC Sublet PO: 24060 [ WARRANTY I *F SPWD: 000903X 10DOZ CUSTOMER STATES PERFORM 13-060 INSPECTED ALL OK PO: 45101 HRS 0.2 Labor Op: 1819059A Condition Code: 1 Fail Code: FM } Customer Pay Labor: 282.00 Customer Pay Parts: 414.95 Customer Pay Subtotal: 696.95 Customer Pay Sales Tax: 41.82 Customer Total Due: 738.77 I hereby autiaorize the repair work herein set forth to be done along DISCLAD= OF 1DIRRARTI83: An warranties on this product are wish tke Deese imta 11a and agree that you ppre not responsible the manufacturer's. C0XBzRLAND VAlam MOTORS he expressly !ps lose or de= to vehials or articles left in vehicle la case o! aclsims all warranties eitber expread or' lied. fire, theft, or naaayy other canoe beyoai� your control or for any delays a vding any implied warranty o! merchoAtabi�tyy os fitness caused by unbvailability of casts or delays in parts shipments by the !or a particulate a and cumquL mD vALwy Maw neither supplier or transporter, i hey grant ane/or your 1 ee aseu�aes nos a ter res ate. otlwr raon to assume for pera+tasion to operate the cis-h acsibea orei� streee a, it nay Habil ty is ooaeinectfatb with the sale of the.produet. hways or v1sewhese for the a of testing and/or inspection. Thin dieoleimer yy CtA Li1ND VAid.slt Itdj+pug is no way atfat. �s amount co= lionrepaice thereto•aeknowledged.oa the vesicle to the team or the imaufactcts urer•s warranty. ALL RWAIRB WWOCT To A "IRMWJM of .3 HOUR Df.AGNOSTIC TIM8. *All PastTQ MI—I caNIAL Y CA H/unI saearraaegements-�parts. Signature: Thank you for allowing us to serve you! 6714120 Carlisle Pike Mechanicsburg,PA 17050 Local.717.697.9449 RO: 14543 3 �• Toll Frew.800-382-1436 Cashier: 17:41-2 wwwcvmautopark.com Date Out: 01/03/2014 OPEN IN:0833OUT:1741 Customer: 45712 Stack 4:D8512 VIN:IC3CDFBH9DD214317 AMANDA LEE LEHMAN 2013 DODG DART SXT TUNG 145 LIMEKILN RD Miles-In: 10467 Out: 10467 �.. CARLISLE PA 17015 Delivered: 07/02/2013 Home:' 7X7-586-9320 Mork: N/A In Service: . Q.7/02/2013 Advisot 000.539.-RATE REED Hat: Date Ini :.01/03/2014 sold:sy: CHRIS OP Acct• Tech Hours CAmplaintica+use/Correction Per Unit Extended Price A SF94D 0005818 30DOZ 4 WARRANTY CUSTOM8R STATES AUTO '!'RMSMISSION OVER RF1S, AND MUST LET OPP GAS FOR IT TO SHIFT TEST DROVE AND DID NOT DUPLICATE, CHECFJW FOR cams NONE POJ 'ND;; T DROVE AGAIN, DID NOT DUPLICATE, TEST DRGvB AGAIN DID NOT-DUPLICATE, TEST DROVE AGAIN TIRM SPIN AND-DOES.NOT MOVE TACHS TO 5 CRAMS PLUS WITH OR WIT RCUT TRACTION L ON P0: ; .4330 HRS 0.8 Labor Op: 854180€34 C�=ion Code: 1 Fail Code: : IIC VOURRcA M B SCSC. 0005818 OODZ09 CUSTOMER STATES RENTAL.CAR-24 HOURS, CUS'.ER RESPONSIBLE UN LESS ,CALLED BY ADVISORS PAST 24 HOURS COMPLETE FOi.a�433i3..;:'<':c<"I; 5 ,8533'3333 Conci4tic Cbde: 1 'Pa{l' oe: sublet: :.::. PO: 84385 I P70MER PAY ] C SCPD 000581 01DOZ CUSS STATES* MFORM MULTI-1>0nn IMpECL'ION CONl>J-ETED MULTI-POINT INSPECTION D SCPD 000581 90DZ90 I CUSTOMER PAY I CUSTO!!!ER STATS.S PERPORM COMPLIMENTARY CAR WASH C:?tRP:�TBD ..... ' I hereby as£ e cher -epair +rcrk herei- ae: forth to be dose ale-- fi bis^^;J1;;4gR oP NARRANTM All warraatie*•on this"paaeuct ars with the Ae' saazy ssetarial aoi agree that yeu are not reaponsible Aura vfaetnser's. gAI�tLA1QG +7T.trL87_. he •expressly for loea:br' gq,to vehiela or articles left in vehicle n case of. c�iacia all warranties either'. ori ..y fire, theft,:o:��qy er csyse beyond Yos�r co=rol or for any deists inelvd g any implied warren :ansa rr itY or litness caused by0imsyailab icy'.o! or de al ys is res shipa,ente Dy the. •far s•particelar•-p�uspose and VALLEY MvroRg neither Bi-oris, tr.• Drab,►. yam. pp�e�mt.ssion 7�+oopyccraaa :t�a flee`` grant ease os your uyeea asav�es nor out res mdy other pereoai to assume :or Bigl+raya or aleewheirb ! t o of cesciug an1go»t'� cion. y 'oc C tion with the sale a[ -ke Aida zeas *ieehacte>s l i::is .aekaoal ash VALLEY in rA.ua -alfftCB ; 'se t*�araosnsc a! repairs there acknowledged on tka "eb=ele to the terms*of the sanufaetnrorpa warranty. ALL Mm"1=52= :�A:iIyzm*-0r..3 Mull OIAGWSTIC TDIZ. *All parts '.nstallaa.ara adu/salvaged or ':eccmdSttbae3:psrts,+ TBRl64: d'PRICI[.Y CASH aloha:array pfi"�Te't'.•.' : laz-lk you far alloioing us to'`eer've°'yrou! 6714120 Carlisle Pike Mechanksburg,PA 17060 Local.717-697-9 48 RO: 146343 Toll Free:800�82-1436 Cashier: 15:38-3 O www.cvrnautopark.com Date Out: 03/13/2014® \N/ seers euaarau OPEN IN:16130UT:153 8 Customer: 45712 Stock #:D8512 VIN: IC3CDFBH9DD214317 AMANDA LEE LEHMAN 2013 DODG DART SXT TUNG 145 1,IMBKILN RD Miles-In: 12396 Out: 12396 CARLISLE PA 17015 Delivered: 07/02/2013 Home: 717-586-9320 Work: N/A In Service: 07/02/2013 Advisor: 000539-KATE REED Hat: Date In: 02/10/2014 Sold By: CHRIS MCBETH OP Acct Tech Hours Complaint/Cause/Correction Per Unit Extended Price [ A SFWD ` 000383X lODOZ WARRANTY CUSTOMER STATES WITH FOOT ON BRAKE VEHICLE WAS ACCELERATING TECH DROVE AND COULD NOT DUPLICATE CONCERN SCANNED FOR CODES NOW FOUND . CUSTOMER CONCERNS FOR VEHICLE WERE SENT TO STAR FOIL'HELP. STAR SUGGESTED .A .FEW ITEMS TO CHECK, NON WERE SENT TO SPECIAL INVESTIGATION TEAM, THIS TOOK SEVBRAL WEEKS BEFORE THEY LOOKED AT VEHICLE. WERE CONTACTED TODA! 3/13/14 AND WERE TOLD'THAT THEY CONTACTED THE CUST*M AND INFORMED HER THAT THEY FOUND No ISSUES WITH HER VMUCLE. RENTAL WAS AUTHORIZED BY DAMON AT CHRYSLER SEE STAR °CASE 625072 PO: .63430 HRS 0.7 Labor Op: 85418004 Condition Code: 1 Fail Code: UC I WARRANTY B SFWD 000383 OODZ09 COSTO'MER STATES RENTAL CAR-24 HOURS, CUSTOMER RESPONSIBLE UN LESS:CALL® BY ADVISOR PAST 24 HOURS COMPLETE PO: .63431. Labor Op: 85333333 Condition Code: 1 Fail Code: MC Sublet PO: 24788 I CUSTOMER PAY C SCPD'• 000383 01DOZ CUSTOMER STATES PERFORM MULTI-POINT INSPECTION COMPLETED MULTI-POINT INSPECTION I hereby atithoriae the s work herein eat forth to be done along DIBC[.AIIBR OF la7►RRAtt1I88: All warranties an this product are With the agesssasy maters :ark that you ase not seoponaibla the meaufactuser's. CM08Hi� vnLUM rpTORS her expressly Eor loss ooYY go to els or articles left in vehicle L. cess of disclaims all warranties either express or lied, tire, ebIu or aaY other cave beyond your ebntrol or los nay delays including any implied warrantyat t berehang�itsr or f cansod by Unavailability of ppaarts .g delays In pgrts shipments by the for a particular cuk mormS neither on U! o! �saneporter. itness L hereby grant yon os r mDloyees assumes nor authorkisea aany other person to assume for �asioa•te operate the vehicle herein aeacribed o etreea ce, it ang liability is connection with the sale of the psoQuet. gkrays o;elsexhere for the purpose o testing or inneeppeeoatioa. This disclaimer Y An 9 aec*an+e'a lies is y lodged on the vehicle to the terms of the by tH0,OR8 no ra afleet9 secure- the.amount of repairs thereto. 'All pests installed are new/sailvaged or reconditioned parts.' AL1.8W=S*MM=TO A KUaMUM OP .S HOUR DIAOHOSTIC TIME. TBRMBa STRICTLY CASX unless arrangements made. Signature: Thank you for allowing us to serve youl 40209.00268.253. syw.105 81046 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: KEVIN M. MCKEON, ESQUIRE IDENTIFICATION NO.: 46446 2000 MARKET STREET — 23RD FLOOR PHILADELPHIA, PA 19103 (215) 575-2684 E-MAIL ADDRESS: kmmckeon@mdwcg.com ATTORNEY FOR: DEFENDANT 2014 JUL 17 AM 10: a cUPBEPLgND C© 0 PENNSYLVANIA AMANDA LEHMAN v. CHRYSLER GROUP LLC TO THE PROTHONOTARY: Plaintiff, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 14-3543 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Defendant, Chrysler Group LLC, in connection with the above -captioned matter. Marshall Dennehey Warner Coleman & Goggin By: Kevin M. McKeon, Esquire Attorney for Defendant P- THE i- 'CL- OT- t PFWTHvNUTAW( ZO HI JUL 17 A PI EU: 7 CUMBERLAND COUNTY PENNSYLVANIA 40209.00268.253. syw.105 81094 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: KEVIN M. MCKEON, ESQUIRE IDENTIFICATION No.: 46446 2000 MARKET STREET — 23RD FLOOR PHILADELPHIA, PA 19103 (215) 575-2684 E-MAIL ADDRESS: kmmckeon cr,mdwcg.com TO: PLAINTIFF You ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU. ATTORNEY FOR: DEFENDANT K Kevin M. McKeon, Esquire Attorney For Defendant AMANDA LEHMAN v. CHRYSLER GROUP LLC Plaintiff, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO. 14-3543 DEFENDANT CHRYSLER GROUP LLC'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, Chrysler Group LLC, ("Chrysler Group LLC"), by and through its Plaintiffs Complaint and states new matter defenses as follows: 1. Denied. After reasonable investigation, Chrysler Group LLC is without knowledge or counsel, answers information sufficient to form a belief as to the truth of these statements; therefore, they are denied. 2. Admitted in part; denied in part. It is admitted that Chrysler Group LLC is a limited liability company organized and existing under the laws of the state of Delaware with a principal place of business in Michigan. In addition, it is admitted that its address and principal place of business is located at CIMS 485-14- 78, 1000 Chrysler Drive, Auburn Hills, Michigan 48326-2766 and can be served at this address. The remaining statements are denied. WHEREFORE, Chrysler Group LLC respectfully requests judgment in its favor and against Plaintiff, together with costs. BACKGROUND 3. Chrysler Group LLC incorporates by reference its previous answers to Plaintiff's Complaint as though the same were set forth herein at length. 4. Admitted in part; denied in part. It is admitted that Chrysler Group LLC is the manufacturer of a motor vehicle commonly known as the 2013 Dodge Dart. Also, it is admitted that Chrysler Group LLC provides a written limited warranty on all vehicles manufactured by it. After reasonable investigation, Chrysler Group LLC is without information or knowledge sufficient to form a belief as to the truth of the remaining statements; therefore, they are denied. 5. Denied. After reasonable investigation, Chrysler Group LLC is without information or knowledge with regard to these statements; therefore, they are denied. 6. Denied. Chrysler Group LLC denies that the vehicle experienced nonconformities or conditions that were not corrected within the terms of the express written limited warranties Chrysler Group LLC issued. Chrysler Group LLC also denies that repair attempts were ineffective. Furthermore, Chrysler Group LLC denies that the subject vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and worthless to Plaintiff. 7. Denied. Because Plaintiff has failed to define the specifics of the alleged "several warranties," after reasonable investigation, Chrysler Group LLC is without information or knowledge with regard to these statements; therefore, they are denied. 2 8. Denied. It is denied that the vehicle exhibits defects or nonconformities which substantially impair its use, value and/or safety. After reasonable investigation, Chrysler Group LLC is without information or knowledge sufficient to form a belief as to the truth of the remaining statements; therefore, they are. denied. 9. Denied. After reasonable investigation, Chrysler Group LLC is without information or knowledge with regard to these statements; therefore, they are denied. 10. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. By way of further answer, Chrysler Group LLC denies that the vehicle experienced nonconformities or conditions that were not corrected within the terms of the express written limited warranties Chrysler Group LLC issued. 11. Denied. After reasonable investigation, Chrysler Group LLC is without information or knowledge with regard to these statements; therefore, they are denied. 12. Denied. Chrysler Group LLC denies that the vehicle experienced nonconformities or conditions that were not corrected within the terms of the express written limited warranties Chrysler Group LLC issued. After reasonable investigation, Chrysler Group LLC is without information or knowledge sufficient to form a belief as to the truth of the remaining statements; therefore, they are denied. 13. Denied. After reasonable investigation, Chrysler Group LLC is without information or knowledge with regard to these statements; therefore, they are denied. 14. Denied. It is denied that the vehicle exhibits defects or nonconformities which substantially impair its use, value and/or safety. 15. Denied. It is denied that the vehicle has been subject to additional repair attempts for any reason for which Chrysler Group LLC. or its authorized independently owned and operated dealerships did not maintain records as required by law. 3 16. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. By way of further answer, Chrysler Group LLC denies that it failed to comply with any applicable written limited warranty provision. 1.7. Admitted in part; denied in part. It is admitted that Plaintiff seeks relief for alleged losses. It is denied that Plaintiff is entitled to such relief pursuant to any statute, doctrine, law or regulation. WHEREFORE, Chrysler Group LLC respectfully requests judgment in its favor and against Plaintiff, together with costs. COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW CLAIM 18. Chrysler Group LLC incorporates by reference its previous answers to Plaintiff's Complaint as though the same were set forth herein at length. 19. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 20. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 21. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 22. Denied. It is denied that the vehicle exhibits defects or nonconformities which substantially impair its use, value and/or safety. After reasonable investigation, Chrysler Group LLC is without information or knowledge sufficient to form a belief as to the truth of the remaining statements; therefore, they are denied. 23. Denied. Chrysler Group LLC denies that the vehicle experienced nonconformities or conditions that were not corrected within the terms of the express written limited warranties Chrysler Group LLC issued. 24. Denied. It is denied that the vehicle continues to exhibit defects or nonconformities which substantially impair its use, value and/or safety. 4 25. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 26. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. By way of further answer, it is denied that Plaintiff is entitled to any alleged damages. 27. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. By way of further answer, it is denied that Plaintiff is entitled to any attorney fees or other legal or equitable relief. WHEREFORE, Chrysler Group LLC respectfully requests judgment in its favor and against Plaintiff, together with costs. COUNT II MAGNUSON-MOSS FEDERAL TRADE COMMISSION IMPROVEMENT ACT 28. Chrysler Group LLC incorporates by reference its previous answers to Plaintiff's Complaint as though the same were set forth herein at length. 29. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 30. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 31. Denied. After reasonable investigation, Chrysler Group LLC is without information or knowledge with regard to these statements; therefore, they are denied. 32. Denied. The statements contained in this paragraph constitute conclusions .of law to which no response is required. 33. Denied. Chrysler Group LLC denies that the vehicle experienced nonconformities or conditions that were not corrected within the terms of the express written limited warranties Chrysler Group LLC issued. Chrysler Group LLC also denies that repair attempts were ineffective. 5 34. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 35. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 36. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. It is denied that Plaintiff is entitled to any attorney fees or other legal or equitable relief. WHEREFORE, Chrysler Group LLC respectfully requests judgment in its favor and against Plaintiff, together with costs. COUNT III UNIFORM COMMERCIAL CODE 37. Chrysler Group LLC incorporates by reference its previous answers to Plaintiff's Complaint as though the same were set forth herein at length. 38. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 39. Denied. After reasonable investigation, Chrysler Group LLC is without information or knowledge with regard to these statements; therefore, they are denied. 40. Denied. It is denied that Chrysler Group LLC was aware of any alleged reliance by Plaintiff. It is denied that the vehicle was sold by Chrysler Group LLC directly to Plaintiff. It is further denied that any representations were made by Chrysler Group LLC with regard to the subject vehicle other than those contained in the express written limited warranties. 41. Denied. It is denied that Plaintiff has suffered any damages as a result of any action or inaction on the part of Chrysler Group LLC. On the contrary, no such damages were incurred as a result of Chrysler Group LLC's conduct. 6 42. Denied. It is denied that Plaintiff has suffered any damages as a result of any action or inaction on the part of Chrysler Group LLC. On the contrary, no such damages were incurred as a result of Chrysler Group LLC's conduct. 43. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. It is denied that Plaintiff is entitled to any attorney fees or other legal or equitable relief. WHEREFORE, Chrysler Group LLC respectfully requests judgment in its favor and against Plaintiff, together with costs. COUNT IV PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION CLAIM 44. Chrysler Group LLC incorporates by reference its previous answers to Plaintiffs Complaint as though the same were set forth herein at length. 45. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. 46. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that Chrysler Group LLC failed to comply with any alleged express written limited warranty as alleged or otherwise. 47. Denied. The statements contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that Plaintiff is entitled to any damages. WHEREFORE, Chrysler Group LLC respectfully requests judgment in its favor and against Plaintiff, together with costs. NEW MATTER 1. Plaintiff's Complaint fails to state a claim for which relief may be granted against Chrysler Group LLC. 7 2. Plaintiffs claims are barred and/or limited by the applicable disclaimers of warranty and limitations of damage provision. 3. Plaintiffs claims are barred and/or limited by her neglect, misuse, abuse, modification, and/or alteration of the vehicle, which is the subject of this litigation. 4. Plaintiff claims are barred and/or limited by her failure to mitigate damages. 5. If Plaintiff sustained any alleged injuries, damages, or losses, the injuries, damages, or losses were caused by persons and/or entities over whom Chrysler Group LLC has no control and for whom Chrysler Group LLC is not responsible. 6. Plaintiff's alleged claims of nonconformity do not substantially impair the use, value, or safety of the vehicle. 7. Plaintiffs claims are or may be barred by the applicable doctrine of laches, estoppel or waiver or by any applicable contracts, releases, and/or agreements. 8. Plaintiff's Complaint fails to state a claim for which any attorney fees may be awarded. 9. Plaintiffs claims may be barred and/or limited by the Lemon Law, Unfair Trade Practices and Consumer Protection Law, and the Magnuson -Moss Warranty Act. 10. If it is determined that Plaintiff did not obtain or use the vehicle primarily or normally for personal use, family or household purposes, then Plaintiff is not entitled to recovery under the Lemon Law, Magnuson -Moss Warranty Act, or the Pennsylvania Unfair Trade Practices Act. 11. Plaintiffs Complaint may be barred by the applicable statute of limitations. 12. Plaintiff may have failed to provide timely and adequate notice of her claims to Chrysler Group LLC. 13. Plaintiffs alleged damages, if any, were caused by the intervening and/or superseding acts and/or omissions of persons and/or entities for whose conduct Chrysler Group LLC cannot be held liable. 8 14. The vehicle referenced to in Plaintiffs Complaint was fit for its intended uses, merchantables did not contain any nonconformities or defects, and/or complied with all applicable express limited warranties. 15. Some or all of the damages claimed in Plaintiff's Complaint may not be recoverable under applicable law. 16. Plaintiff's claims may be barred and/or limited as a result of her failure to fulfill the conditions precedent of, and/or comply with, the terms and conditions of any express limited warranty under which Plaintiff avers her causes of action. 17. No act, conduct, or omission by Chrysler Group LLC caused any injury, damage or loss to Plaintiff. 18. Plaintiff accepted the vehicle, failed to or improperly revoked her acceptance; and/or improperly rejected or failed to reject the vehicle. 19. Plaintiff may have failed to join an indispensable party to this action, including, but not limited to, the selling and servicing dealerships and entities, requiring the dismissal of this action. 20. The venue for this matter is not proper. 21. There is no privity of contract between Plaintiff and Chrysler Group LLC. Therefore, as a matter of law, Plaintiffs Complaint to the extent it seeks revocation of acceptance fails to state a cause of action. 22. Under the terms of Chrysler Group LLC's written limited warranty, Chrysler Group LLC has disclaimed all implied warranties of merchantability and fitness for a specific use, or has limited the duration of any implied warranty to the terms of the written limited warranty. 23. Under the terms of Chrysler Group LLC's written limited warranty, Chrysler Group LLC's sole obligation to Plaintiff is to pay for repairs and/or the performance of repairs and needed adjustments to correct 9 defects related to factory material and workmanship. Chrysler Group LLC has paid for or performed all such repairs and needed adjustments and, therefore, there has been no breach of the written limited warranty. 24. Under the terms of Chrysler Group LLC's written limited warranty, the payment for and/or the performance of repairs and needed adjustments to correct defects related to factory material or workmanship is Plaintiff's exclusive remedy. 25. Under the terms of Chrysler Group LLC's written limited warranty, the payment for and/or the performance of repairs and needed adjustments to correct defects related to factory material or workmanship is Plaintiff's exclusive remedy. Chrysler Group LLC has paid for and/or performed all repairs and needed adjustments and, therefore, there has been no breach of the written limited warranty. 26. Under the terms of Chrysler Group LLC's written limited warranty, Chrysler Group LLC is not liable for incidental or consequential damages resulting from breach of the written limited warranty. 27. Chrysler Group LLC has no obligation to modify or alter the vehicle to address a design characteristic of the vehicle which is not to the liking of Plaintiff. 28. Plaintiff failed to inspect the vehicle within a reasonable period of time and, therefore, is barred by the doctrine of laches from rescinding the contractor revoking acceptance. 29. Plaintiff has accepted the vehicle and are not entitled to rescission or to revoke acceptance because Plaintiff has performed acts inconsistent with Chrysler Group LLC's ownership, and has exercised dominion and control over the vehicle. Should the court determine that Plaintiff's alleged revocation was proper, Chrysler Group LLC is entitled to an offset for Plaintiff's use of the vehicle. 30. Plaintiff failed to offer to tender the vehicle to Chrysler Group LLC. Thus, as a matter of law, Plaintiff fails to state a cause of action for rescission, rejection and/or revocation of acceptance. 31. Plaintiff examined the vehicle as fully he desired or refused to examine it. Thus, there is no implied warranty with regard to. defects to which an examination ought in the circumstances to have revealed. 10 32. The vehicle was not non -conforming at the time of purchase. Therefore, Plaintiff fails to state a cause of action for rescission, rejection, breach of implied warranty, and/or revocation of acceptance. 33. Plaintiff has failed to mitigate her damages. 34. Upon information and belief, Plaintiff no longer are in possession of the vehicle. Therefore, as a matter of law, Plaintiff fails to state a cause of action for rescission, rejection, revocation of acceptance or pursuant to the Lemon Law. 35. Plaintiff has failed and/or has refused to allow Chrysler Group LLC a reasonable opportunity to cure the alleged defect or the alleged breach of warranty. Therefore, Plaintiff fails to state a cause of action for revocation of acceptance. 36. Plaintiff failed and/or refused to allow the vehicle's warrantor a reasonable opportunity to repair the vehicle's alleged defects or cure the alleged breach of warranty. Therefore, Plaintiff has failed to satisfy a condition prerequisite to a Magnuson --Moss claim. 37. Any attempted revocation of acceptance of the vehicle which is the subject of this matter was not undertaken prior to a substantial change in condition of the vehicle which was not caused by any alleged defect. 38. Plaintiff has reaccepted the vehicle following the alleged revocation and, therefore, are not entitled to the revocation remedy. 39. Plaintiff second count fails to state a cause of action as a matter of law. It does not allege Chrysler Group LLC was provided with a reasonable opportunity to cure its alleged breach of warranty, which is a prerequisite to a claim under the Federal Magnuson -Moss Warranty Act. WHEREFORE, Chrysler Group LLC, respectfully requests judgment in its favor and against Plaintiff, together with costs. 11 • Marshall Dennehey Warner Coleman & Goggin By: 12 Kevin M. McKeon, Esquire Attorney for Defendant VERIFICATION I, KEVIN M. MCKEON, ESQUIRE, hereby state that I am the attorney for Defendant, CHRYSLER GROUP LLC, and I verify that the statements made in the foregoing Answer with New Matter to Plaintiff' Complaint, are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Kevin M. McKeon CERTIFICATE OF SERVICE I, Kevin M. McKeon, Esquire, do hereby certify that I am the attorney for Defendant, Chrysler Group LLC, in the present action, that I am duly authorized to make this certification, and that on this day of July, 2014, I did cause a true and correct copy of the Entry of Appearance, Chrysler Group LLC's Answer with New Matter to Plaintiff Complaint, to be forwarded via electronic mail through the court electronic filing system, to counsel below as follows: David J. Gorberg, Esquire. DAVID J. GORBERG & ASSOCIATES, P. C Attorney for Plaintiff 32 Parking Plaza - Suite 700 Ardmore, PA 19003 —Z_ Kevin M. McKeon DAVID J. GORBERG & ASSOCIATES, P.C. By: DAVID J. GORBERG Attorney for Plaintiff IDENTIFICATION NO. 53084 1900 Allegheny Avenue 429 Forbes Street Pittsburgh, PA 15219 412-894-9970 AMANDA LEHMAN Vs. CHRYSLER GROUP, LLC 1LL C:/CE THE NWITIONOTARY 2E14 OEC 2: 30 CUNDERL/'1;,:D COUNTY PEMISYLVANIA COURT OF COMMON PLEAS : CUMBERLAND COUNTY : NO. 14-3543 PRAECIPE TO SETTLE, DISCONTINUE AND END TO DEPARTMENT OF COURT RECORDS: Kindly mark the above -captioned matter Settled, Discontinued and Ended upon payment of your costs only. . GORBERG, ESQUIRE orney for Plaintiff