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HomeMy WebLinkAbout14-7272 Supreme Cr ou. Rifp,-en nsylvania fCm1eaSC011om For Prothonotary Use Only: C �1��C�D�e�Sll�et Docket No: CUMBERLANDr ter' q--,�j 7V",- 0County The information collected on this form is used solely for court administration purposes. This form does not supplement or•replace thefiling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ®' Complaint ® Writ of Summons ® Petition E ® Transfer from Another Jurisdiction ® Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T ' KATHY JANICKI FORD MOTOR COMPANY Dollar Amount Requested: ®within arbitration limits I Are money damages requested? Yes ® No check one O ( ) ®outside arbitration limits N Is this a Class Action Suit? ®Yes 0 No Is this an MDJAppeal? ® Yes M No 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. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ® Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ® Debt Collection: Credit Card ® Board of Assessment ® Motor Vehicle ®Debt Collection:Other ® Board of Elections ®Nuisance ® Dept.of Transportation ® Premises Liability ® Statutory Appeal:Other S ® Product Liability(does not include ® Employment Dispute: E mass tort) Slander/Libel/Defamation Discrimination ® ® C ® Other: ® Employment Dispute:Other Zoning Board T ® Other: I ' ® Other: 0 MASS TORT © Asbestos N ® Tobacco © Toxic Tort-DES ® Toxic Tort-Implant ® Toxic Waste REAL PROPERTY MISCELLANEOUS ® Other: ® Ejectment ® Common Law/Statutory Arbitration B ® Eminent Domain/Condemnation ®Declaratory Judgment ® Ground Rent Mandamus ® Landlord/Tenant Dispute Non-Domestic Relations ® Mortgage Foreclosu'e:Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental ® Partition ®Replevin ® Legal ® Quiet Title ®Other: © Medical ® Other: ® Other Professional: Updated 1/1/2011 F,LVANI i KATHY JANICKI : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR COMPANY : -7 No. _`� a2d 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 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 KATHY JANICKI 8 DEER RIDGE LANE CARLISLE,PA 17015 COURT OF COMMON PLEAS VS. CUMBERLAND FORD MOTOR COMPANY C/O CT CORPORATION , 116 PINE STREET SUITE 320 HARRISBURGH PA 17101 COMPLAINT 1. Plaintiff, Kathy Janicki, is an adult individual citizen an legal resident of the Commonwealth of Pennsylvania residing at 8 Deer Ridge Lane Carlisle, PA 17015. 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 served c/o CT Corporation, 116 Pine Street, Suite 320,Harrisburg, PA 17101. S BACKGROUND 3. Plaintiff incorporates by reference paragraphs 1 and 2 as fully as if set forth here length. 4. On or about, Plaintiff purchased a new 2012 Ford Focus(hereinafter referred to as the"vehicle"), manufactured and warranted by Defendant bearing the Vehicle Identification Number IFAHP3N23CL24669. 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 $28,000.00. 6. Plaintiff avers that as a result of the ineffective repair attempts made by Defendant through its authorized dealer,the vehicle carmot 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 November 2011, Plaintiff took possession of the above mentioned vehicle and experienced nonconformities,which substantially impaired the use, value and/or safety of the vehicle. , 9. Said nonconformities consisted of but was not limited to, defective Transmission. 10. The nonconformities violate the express written warranties issued to Plaintiff by Defendant. 11. Plaintiff avers the vehicle has been subject to repair more than two(2)times for the same nonconformity, and the nonconformity remains uncorrected. 12. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the defendant on numerous occasions.After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 13. In addition,the above vehicle has or will in the future be out of service by reason of the non-conformities complained of for a cumulative total of thirty(30) days or more. 14. The vehicle continues to exhibit defects and nonconformities which substantially impair it's use, value and/or safety. 15. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and/or nonconformities and/or conditions for which the Defendant and or it's authorized service center, may not have maintained records. 16. Plaintiff has been and will continue to be financially damaged due to Defendant's failure to comply with the provisions of its'warranty. 17. Plaintiff seeks relief for losses due to the nonconformities and defects in the above mentioned vehicle in addition to attorney fees and all court costs. COUNTI 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. 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. §231.0 (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 ariy 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 th.ee(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: t �f i DAVID J G,ESQUIRE Attorney or Plaintiff 4 VERIFICATION The undersigned, after having read the attached pleading verifies that the within Complaint is based on information furnished to counsel which Civil Action information has been gathered by counsel in the course of this lawsuit. The language of the Civil Action Complaint ' counsel and not of signer. Signer verifies that he has read the within P is that of that they are true and correct to the best of the signer's Civil Action Complaint and tin knowledge, information and belief. To the extent that the contents of the Civil Action Complaint are that of counsel, verifier has counsel in taking this verification. This verification is made subject to t relied upon relating to unsworn falsification to authorities. he penalties of 18 Pa. C.S.4904 X . a� �� DAVID J. GORBERG, ESQUIRE Date: