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HomeMy WebLinkAbout14-5859 Supreme Cou � nnsylvania COul ofPc6m, f odTleas For Prothonotary Use Only: CbVilgsC6v,&Sheet , Docket No: ST CUMBERLAND,' f County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: 0 Complaint 0 Writ of Summons ® Petition S_ ® Transfer from Another Jurisdiction ® Declaration of Taking , E Lead Plaintiff's Name: Lead Defendant's Name: ' C JOHN & SUSAN SEMPELES FORD MOTOR COMPANY T Dollar Amount Requested: [Swithin arbitration limits << 1 Are money damages requested? M Yes ® No (check one) ®outside arbitration limits N Is this a Class Action Suit? ®Yes No Is this an MDJAppeal? [3 YesIM No "r A Name of Plaintiff/Appellant's Attorney: David J. Gorberg,Esquire ® 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. t TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS a C1 Intentional ® Buyer Plaintiff Administrative Agencies Malicious Prosecution ® Debt Collection:Credit Card ® Board of Assessment f Motor Vehicle ® Debt Collection:Other ® Board of Elections ® Nuisance 0 Dept.of Transportation ® Premises Liability ® Statutory Appeal:Other I,S ® Product Liability(does not include E mass tort) ® Employment Dispute: ® Slander/Libel/Defamation Discrimination C Other: ® Employment Dispute:Other Zoning Board T ® Other: h° ® Other: 0 MASS TORT ® Asbestos © Tobacco 0 Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: [3 Ejectment ® Common Law/Statutory Arbitration B [3 Eminent Domain/Condemnation 0 Declaratory Judgment ® Ground Rent El Mandamus ® Landlord/Tenant Dispute ®Non-Domestic Relations ® Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental ® Partition E3 Replevin ® Legal ® Quiet Title 13 Other: [3 Medical 1] Other: © Other Professional: Updated 1/1/2011 • u -i-[,E i. 7011-1. OCT -3 L". I F;Dr� , 'S'`(�trr ,.•. �v kJ i :i.+�i.'i JOHN & SUSAN SEMPELES ; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR COMPANY : NO . J J� 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 0,,f C'U .i 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 JOHN& SUSAN SEMPELES 300 DEERFIELD ROAD CAMP HILL, PA 17011 COURT;OF COMMON PLEAS Vs. _ CUMBERLAND FORD MOTOR COMPANY C/O CT CORPORATION 116 PINE STREET,— SUITE SUITE 320 HARRISBURGH PA 1:71:01 , .;. ..,, COMPLAINT 1. Plaintiff, John& Susan Sempeles, isanadult individual citizen an legal resident of the Commonwealth of Pennsylvania residing at 300 Deerfield Road Camp Hill, PA 17011. 2. Defendant, Ford Motor Company is a business corporation qualified to do business and regularly conducts business in the Commonwealth of Pennsylvania and can be Alto '�. . , . served c/o CT Corporation, 116 Pine Street, Suite 320, Harrisburg, PA 17101. 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 terns 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, BY:- DJYfD J. G 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 P S.4904 relating to unsworn falsification to authorities. X DAV J. GORBERG, ESQUIRE Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN & SUSAN SEMPELES, Plaintiff(s), v. FORD MOTOR COMPANY, Defendant. CASE NO. 14-5859 Civil til Civil Action PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: Kindly enter my appearance in the above -captioned matter on behalf of Defendant, Ford Motor Company. Papers may be served at the address set forth below. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for defendant, Ford Motor Corrpp�ny BY: DATED: October 24, 2014 PAUL K. RUSSELL, ES I.D. #70882 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION JOHN & SUSAN SEMPELES, Plaintiff(s), v. FORD MOTOR COMPANY, Defendant. : CASE NO. 14-5859 Civil Civil Action ANSWER AND NEW MATTER AND NOW, comes defendant, Ford Motor Company, by its attorneys, Dobis, Russell & Peterson, P.C., and files the within Answer and New Matter as follows: ANSWER 1. Admitted. 2. Admitted. BACKGROUND 3. Ford repeats and reiterates its answers to the allegations of paragraphs 1 and 2 with full force and effect as though more fully set forth. 4. Admitted. 5. Ford denies that this is an accurate statement regarding the purchase/lease price of the subject vehicle. 6. Ford specifically denies the allegations contained within this averment. 7. Ford denies that this is an accurate or complete statement regarding the limited warranty applicable to the subject vehicle. 8. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject. vehicle. 9. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 10. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 11. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 12. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 13. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 14. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 15. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 16. Ford specifically denies the allegations contained within this averment. 17. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. AS TO COUNT I 18. Ford repeats and reiterates its answers to the allegations of paragraphs 1 —17 with full force and effect as though more fully set forth. 19. This averment constitutes a conclusion of law to which no response is required. 20. This averment constitutes a conclusion of law to which no response is required. 21. This averment constitutes a conclusion of law to which no response is required. 22. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 23. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 24. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 25. Ford specifically denies the allegations contained within this averment. 26. Ford denies the existence of any defects or non -conformities that substantially impair the use, value or safety of the subject vehicle. 27. This averment constitutes a conclusion of law to which no response is required. AS TO COUNT II 28. Ford repeats and reiterates its answers to the allegations of paragraphs 1 — 27 with full force and effect as though more fully set forth. 29. This averment constitutes a conclusion of law to which no response is required. 30. This averment constitutes a conclusion of law to which no response is required. 31. Admitted. 32. Ford denies that this is an accurate or complete statement regarding the limited warranty applicable to the subject vehicle. 33. Ford specifically denies the allegations contained within this averment. 34. Ford specifically denies the allegations contained within this averment. 35. This averment constitutes a conclusion of law to which no response is required. 36. This averment constitutes a conclusion of law to which no response is required. AS TO COUNT III 37. Ford repeats and reiterates its answers to the allegations of paragraphs 1 — 36 with full force and effect as though more fully set forth. 38. Ford denies that this is an accurate or complete statement regarding the limited warranty applicable to the subject vehicle. Furthermore, Ford denies the existence of an implied warranty of fitness for a particular purpose. 39. Ford specifically denies the allegations contained within this averment. 40. Ford denies the existence of an implied warranty of fitness for a particular purpose. 41. Ford specifically denies the allegations contained within this averment. 42. Ford specifically denies the allegations contained within this averment. 43. This averment constitutes a conclusion of law to which no response is required. AS TO COUNT IV 44. Ford repeats and reiterates its answers to the allegations of paragraphs 1 — 43 with full force and effect as though more fully set forth. 45. This averment constitutes a conclusion of law to which no response is required. 46. Ford specifically denies the allegations contained within this averment. 47. This averment constitutes a conclusion of law to which no response is required. NEW MATTER 48. The subject vehicle does not have a non -conformity, defect or condition which substantially impairs its use, value or safety. 49. Plaintiff failed to permit defendant a reasonable number of attempts to repair the alleged non -conformity, defect, or condition, or otherwise failed to give defendant a reasonable opportunity to cure the defect. WHEREFORE, this defendant requests this Honorable Court to enter judgment in its favor. DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that PAUL K. RUSSELL, ESQ., is hereby designated as trial counsel. CERTIFICATION OF COUNSEL I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CERTIFICATION I hereby certify that a copy of the within document has been filed with the Prothonotary's Office in the Court of Common Pleas of Cumberland County, PA, Civil Action and that a copy of the same was served upon all interested attorneys within the period of time allowed in accordance with the Rules of the Court. DOBIS, RUSSELL & PETERSON, P.C. Attorneys for P ndard Motor C. pany BY: DATED: October 24, 2014 PAUL K. RUSSELL, ES I.D. #70882 213 Yates Avenue Woodlyn, Pennsylvania 19094 (610) 689-8698