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HomeMy WebLinkAbout05-5486C?11A% Iq PAGE 1 REPORT : ZDRDOCT First Judicial District RUN DATE 09/20/05 USER ID: BTP CIVIL DOCKET REPORT RUN TIME 12:55 PM CASE ID 050601337 /1i'. oy- y tl PG Cu"w - CASE NUMBER CASE CAPTION 050601337 JONES VS DAIMLERCHRYSLER CORP FILING DATE COURT LOCATION JURY 15-JUN-2005 AR AC N CASE TYPE: CONTRACTS OTHER STATUS: ORDER/TRNSF OTHER JURISDICTION Seq # Assoc Expn Date 1 2 1 3 4 4 5 1 Type ID Party Name / Address & Phone No. APLF A55914 SILVERMAN, ROBERT M 30 E. BUTLER PIKE AMBLER PA 19002 (215)540-8888 PLF @5231742 JONES, RONALD 2437 LOBACH DR NAVY SHIPS PA 17055 DFT 112985 DAIMLERCHRYSLER CORP C/0 CT CORP 1515 MARKET ST PHILADELPHIA PA 19103 ADFT A81792 CZAP, DAVID P MARSHALL DENNEHEY WARNER,ETC. 1845 WALNUT ST. PHILADELPHIA PA 19103 (215)575-2754 (215)575-0856 - FAX APLF A61628 RAPKIN, ROBERT A 30 EAST BUTLER PIKE AMBLER PA 19002 (215)540-8888 (215)540-8817 - FAX Filing Date / Time Docket Entry Date Entered 15-JUN-05 13:33:58 COMMENCEMENT OF CIVIL ACTION 17-JUN-05 SILVERMAN, ROBERT M 15-JUN-05 13:33:58 COMPLAINT FILED NOTICE GIVEN 17-JUN-05 SILVERMAN, ROBERT M COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. ASSESSMENT HEARING REQUIRED- REPORT : ZDRDOCT First Judicial District USER ID: BTP CIVIL DOCKET REPORT CASE ID 050601337 Filing Date / Time Docket Ent 15-JUN-05 13:33:58 SHERIFF'S SURCHARGE 1 DEFT 15-JUN-05 16:15:36 ACTIVE CASE 20-JUN-05 09:51:30 ARBITRATION HEARING SCHEDULED PAGE 2 RUN DATE 09/20/05 RUN TIME 12:55 PM Date Entered 17-JUN-05 SILVERMAN, ROBERT M 15-JUN-05 20-JUN-05 07-JUL-05 12:15:54 AFFIDAVIT OF SERVICE FILED 08-JUL-05 OF COMPLAINT BY PERSONAL SERVICE UPON DEFENDANT DAIMLERCHRYSLER CORP C/O CT CORP ON 6/22/05. 10-AUG-05 15:53:00 ENTRY OF APPEARANCE FILED 12-AUG-05 CZAP, DAVID P ENTRY OF APPEARANCE OF DAVID P CZAR FILED ON BEHALF OF DFT DAIMLERCHRYSLER CORP 10-AUG-05 15:53:00 ANSWER TO COMPLAINT FILED 12-AUG-05 CZAP, DAVID P ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER FILED BY DEFENDANT DAIMLERCHRYSLER CORP 11-AUG-05 10:35:11 MOTION TO TRANSFER 12-AUG-05 DAIMLERCHRYSLER CORP, 57-05080957 RESPONSE DATE 8/31/05. 15-AUG-05 15:22:00 REPLY FILED 16-AUG-05 SILVERMAN, ROBERT M PLAINTIFF(S) REPLY TO NEW MATTER OF DEFENDANT DAIMLERCHRYSLER CORP 17-AUG-05 11:34:53 ANSWER (MOTION/PETITION) FILED 18-AUG-05 JONES, RONALD 57-05080957 ANS FILED TO MOTION TO TRANSFER 02-SEP-05 11:14:17 MOTION ASSIGNED 02-SEP-05 57-05080957 MOTION TO TRANSFER ASSIGNED TO JUDGE ACKERMAN ON 9/6/05. 09-SEP-05 11:31:23 ORDER/TRNSF OTHER JURISDICTION 09-SEP-05 ACKERMAN, NORMAN 57 05080957 AND NOW, THIS 7TH DAY OF SEPTEMBER, 2005, UPON CONSIDERATION OF DEFENDANT DAIMLERCHRYSLER CORPORATION'S PETITION TO TRANSFER VENUE FORR FORUM NON CONVENIENS ARE PLAINTIFF'S RESPONSE THERETO, IT IS HEREBY ORDERED AND DECREED THT SAID PETITION IS GRANTED AND THE ABOVE-CAPTIONED MATTER IS TRANSFERRED TO THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA. THE COSTS AND FEES FOR TRANSFER AND REMOVAL SHALL BE PAID BY THE DEFENDANT PURSUANT TO PA.R.C.P. 1006(D)(3). THE PHILADELPHIA COUNTY PROTHONOTARY IS HEREBY DIRECTED TO FORWARD TO CUMBERLAND COUNTY PROTHONOTARY CERTIFIED COPIES OF PAGE 3 REPORT : ZDRDOCT First Judicial District RUN DATE 09/20/05 USER ID: BTP CIVIL DOCKET REPORT RUN TIME 12:55 PM CASE ID 050601337 Filing Date / Time Docket Entry Date Entered DOCKET ENTRIES, PROCEED PLEADINGS, DEPOSITIONS AND ALL OTHER PAPERS FILED IN THIS ACTION, PURSUANT TO PA.R.C.P. 1006(D)(3)... BY THE COURT: JUDGE NORMAN ACKERMAN 20-SEP-05 11:50:00 PRAECIPE/TRNSFER OUT OF COUNTY 20-SEP-05 CZAP, DAVID P PRAECIPE TO TRANSFER THE ABOVE CAPTIONED MATTER TO CUMBERLAND COUNTY COURT FILED. BTP * * * End of Docket * * * OCT 7 2005 XYSEPH H. EVERS TARY OF PHILADELPHIA COUNTY i COURT OF COMMON PLEAS PHILADELPHIA COUNTY PROTHONOTARY'S OFFICE 0 ? = -3 W - C"- 77-1- Phila. Case Number: 1337 JUNE 2005 Dear Sir/Madam: By order of the FIRST JUDICIAL DISTRICT, Philadelphia County, COURT OF COMMON PLEAS, the enclosed case(s) are transferred to the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. Accordingly, I am enclosing all related filings. I would appreciate the return of the attached green receipt addressed to the attention of: THE PROTHONOTARY'S OFFICE CERTIFICATION UNIT ROOM 266 CITY HALL PHILADELPHIA, PA 19107 ATTENTION: JOSEPH MANGINI If you have any questions, please call 215-686-6663. Very truly yours, Joseph Mangini 10-279W RONALD JONES V. DAIMLERCHRYSLER CORPORATION 0>_-gfr(e COURT OF COMMON PLEAS PHILADELPHIA COUNTY JUNE TERM, 2005 NO. 1337 ORDER C ?„ I 080957 AND NOW, this 77-fa?y of 2005, upon consideration of defendant DaimlerChrysler Corporation's Petition to Transfer Venue for Forum Non Conveniens and plaintiffs response thereto, it is hereby ORDERED and DECREED that said Petition is granted and the above-captioned matter is transferred to the Court of Common Pleas for Cumberland County, Pennsylvania. The costs and fees for transfer and removal shall be paid by the Defendant pursuant to Pa.R.C.P. 1006(d)(3). The Philadelphia County Prothonotary is hereby directed to forward to Cumberland County Prothonotary certified copies of docket entries, proceed pleadings, depositions and all other papers filed in this action, pursuant to Pa.R.C.P. 1006(d)(3). B COPIES SENT PURSUANT TO Pa.R.C .236(b) SEP 9 M FIRSTJUDICIA T OF PA USER I.D.: OOOKETED COMPLEX LIT gNTER SEP . 9 2005 L RYANT DAVIS MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: David P. Czap, Esquire Attorney I.D: 81792 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2784 RONALD JONES V. DAIMLER CHRYSLER CORPORATION : 0,51' y V P6 Ct,?a -7-e,- Attorney for Defendant, DaimlerChrysler Corporation COURT OF COMMON PLEAS PHILADELPHIA COUNTY JUNE TERM, 2005 NO. 1337 PRAECIPE TO TRANSFER ACTION TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA TO THE PROTHONOTARY: Kindly transfer certified copies of the docket entries, process, pleadings and other papers filed in this action to the Court of Common Pleas of Cumberland County, Pennsylvania in accordance with the attached Court Order of September 9, 2005 upon payment of the appropriate costs and fees. MARSHALL, DENNEHEY, WARNER, COLEMAN & GO_GGIN? 'S+ By: - DAV ri.r QUIRE x,? 3: X47 Ts; Attorte?nf§7 ` efeiit, i. ; DaimrY? l.y"sl? ?p>?orapn %u ro {,.! '.n f.1 we {x] F-y it f+:1 CD i_. c] RONALD JONES COURT OF COMMON PLEAS 08095^ PHILADELPHIA COUNTY V. JUNE TERM, 2005 DAIMLERCHRYSLER CORPORATION NO. 1337 ORDER 0?? 3 AND NOW, this 7Z? day of 2005, upon consideration of defendant DaimlerChrysler Corporation's Petition to Transfer Venue for Forum Non Conveniens and plaintiffs response thereto, it is hereby ORDERED and DECREED that said Petition is granted and the above-captioned matter is transferred to the Court of Common Pleas for Cumberland County, Pennsylvania. The costs and fees for transfer and removal shall be paid by the Defendant pursuant to. Pa.R.C.P. 1006(d)(3). The Philadelphia County Prothonotary is hereby directed to forward to Cumberland County Prothonotary certified copies of docket entries, proceed pleadings, depositions and all other papers filed in this action, pursuant to Pa.R.C.P. 1006(d)(3). B OOPIIS SENT 99e??Eo PURSUANT TO Ra.R.C . 236(b) COMPLEX LIT CANTER SEP 9 0B5 SEP 9 2005 FIRSTJUDICIA T OF PA USER I.o.: L RYANT DAVIS Court of Common Pleas of Philadelphia County For Pr ap,4 only Docket Number) Trial Division ' Civil Cover Sheet 001 7 PLAINTIFF'S NAME Ronald Jones DEFENDANT'S NAME DaimlerChrysler Corporation PLAINTIFF'S ADDRESS 2437 Lobach Drive DEFENDANT'S ADDRESS c/o CT Corporation Mechanicsburg, PA 17055 1515 Market Street, Suite 1210 Philadelphia, PA 19103 PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL NO. OF DEFENDANTS COMMENCEMENT OF ACTION 1 1 ® Complaint ? Petition Action ? Notice of Appeal ? Writ of Summons ? Transfer From Other Jurisdictions AMOUNT IN CONTROVERSY COURTPROGRAMS ? $50,000.00 or less ® Arbitration ? Mass Tort ? Commerce ? Settle ment ? More than $50,000.00 ? Jury ? Savings Action ? Minor Court Appeal ? Minors ? Non-Jury ? Petition ? Statutory Appeals ? W/D/Survival ? Other: CASE TYPE AND CODE (SEE INSTRUCTIONS) 10 - Contract - Other rSTATUTORY BASIS FOR CAUSE OF ACTION (SEE INSTRUCTIONS) RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER) IS CASE SUBJECT TO COORDINATION ORDER? Yes No ? ? ? ? ? ? j TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at the address set forth below. NAME OF PLAINTIFF'S/PETITIONER'S/APPELLANT'S ATTORNEY ADDRESS (SEE INSTRUCTIONS) Robert M. Silverman Kimmel & Silverman, P.C. PHONE NUMBER FAX NUMBER 30 East Butler Pike (215) 540-8888 (215) 540-8817 Ambler, PA 19002 SUPRE COURT IDENTIFICATION NO. E-MAILADDRESS 55 14 rsilverman@lemonlaw.com j SIGNA E DATE June 14, 2005 Robert M. Silverman, Esquire Identification No. 55914 Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 RONALDJONES 2437 Lobach Drive Mechanicsburg, PA 17055 V. DAIMLERCHRYSLER CORPORATION c/o CT Corporation 1515 Market Street Suite 1210 Philadelphia, PA 19103 ATTORNEYS FOR PLAINTIFF THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS REQUESTED. OF COMMON PLEAS ELPHIA COUNTY C" CIVIL ACTION TTtI,S, "`A-77- F `? nYA a NOTICE TO DEFEND CODE: 1900 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 attorney and filing 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 judgment 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 property 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL & INFORMATION SERVICE ONE READING CENTER PHILADELPHIA, PA 19107 TELEPHONE: 215-238-1701 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas de estas demandas expuestas an ]as paginas signientes, usted tiene veinte (20) dias de plazo al partir de is fecha de la demanda y is notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, le corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O ST NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL ONE READING CENTER FILADELFIA, PA 19107 T E L E FO N O: 215-238-1701 Robert M. Silverman, Esquire Identification No. 55914 Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 RONALDJONES 2437 Lobach Drive Mechanicsburg, PA 17055 V. DAIMLERCHRYSLER CORPORATION c/o CT Corporation 1515 Market Street Suite 1210 Philadelphia, PA 19103 ATTORNEYS FOR PLAINTIFF THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS REQUESTED. COURT OF COMMON PLEAS PHILADELPHIA COUNTY CIVIL ACTION COMPLAINT CODE: 1900 1. Plaintiff, Ronald Jones, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, 2437 Lobach Drive, Mechanicsburg, PA 17055. 2. Defendant, DaimlerChrysler Corporation, is a corporation qualified to do and regularly conduct business in the Commonwealth of Pennsylvania, with its address and principal place of business located at 12000 Chrysler Drive, Highland Park, Michigan 48288-1919, and can be served at c/o CT Corporation, 1515 Market Street, Suite 1210, Philadelphia, PA 19103. BACKGROUND 3. On or about June 16, 2003, Plaintiff purchased a new Chrysler-Sebring, manufactured and warranted by Defendant, bearing the Vehicle Identification Number 1C3EL46X73N559694. 4. The vehicle was purchased in the Commonwealth of Pennsylvania and is registered in the Commonwealth of Pennsylvania. 5. The contract price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified, yet defined by the Lemon Law, totaled more than $18,920.00. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit "A". 6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiff several warranties, guarantees, affirmations or undertakings with respect to the material or workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the promised specifications. 7. The above-referenced warranties, guarantees, affirmations or undertakings are/were part of the basis of the bargain between Defendant and Plaintiff. 8. The parties' bargain includes an express 3-year / 36,000 mile warranty, as well as other guarantees, affirmations and undertakings as stated in Defendant's warranty materials and owner's manual. 9. However, as a result of the ineffective repair attempts made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to Plaintiff. 10. Plaintiff has or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR 703. 11. Plaintiff avers that the Federal Trade Commission (FTC) has determined that no automobile manufacturer complies with 16 CFR 703. See, Fed. Reg. 15636, Vol. 62, No. 63 (Apr. 2, 1997). COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW 12. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 13. Plaintiff is a "Purchaser" as defined by 73 P.S. §1952. 14. Defendant is a "Manufacturer" as defined by 73 P.S. §1952. 15. Cumberland Valley Motors is and/or was at the time of sale a :Motor Vehicle Dealer in the business of buying, selling, and/or exchanging vehicles as defined by 73 P. S. § 1952. 16. On or about June 16, 2003, Plaintiff took possession of the above mentioned vehicle and experienced nonconformities as defined by 73 P.S §1951 et seq., which substantially impair the use, value and/or safety of the vehicle. 17. The nonconformities described violate the express written warranties issued to Plaintiff by Defendant. 18. Section 1955 of the Pennsylvania Automobile Lemon Law provides: If a manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle... or accept return of the vehicle from the purchaser, and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchasers use of the vehicle, not exceeding $.10 per mile driven or 10% of the purchase price of the vehicle, whichever is less. 19. Section 1956 of the Pennsylvania Automobile Lemon Law provides a presumption of a reasonable number of repair attempts if: (1) The same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or (2) The vehicle is out-of-service by reason of any nonconformity for a cumulative total of thirty or more calendar days. 20. Plaintiff has satisfied the above definition as the vehicle has been subject to repair more than three (3) times for the same nonconformity, and the nonconformity remained uncorrected. 21. In addition, the above vehicle has or will be out-of-service by reason of the nonconformities complained of for a cumulative total of thirty (30) or more calendar days. 22. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the Defendant on numerous occasions as outlined below. 23. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 24. During the first 12 months and/or 12,000 miles, Plaintiff complained on at least three (3) occasions about defects and or non-conformities to the following vehicle components: Front Alignment, Transmission, Seat Belts, Windows, Steering System, Front Suspension, Tires and Brakes. True and correct copies of all invoices in Plaintiff possession are attached hereto, made a part hereof, and marked Exhibit "B". 25. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide or maintain itemized statements as required by 73 P.S. § 1957. 26. Plaintiff avers that such itemized statements, which were not provided as required by 73 P.S. § 1957 also include technicians' notes of diagnostic procedures and repairs, and Defendant's Technical Service Bulletins relating to this vehicle. 27. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide the notification required by 73 P.S. § 1957. 28. Plaintiff has and will continue to suffer damages due to Defendant's failure to comply with the provisions of 73 P.S. §§ 1954 (repair obligations), 1955 (manufacturer's duty for refund or replacement), and 1957 (itemized statements required). 29. Pursuant to 73 P.S. § 1958, Plaintiff seeks relief for losses due to the vehicle's nonconformities, including the award of reasonable attorneys' fees and all court costs. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, attorneys' fees, and court costs. COUNT II MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT 30. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 31. Plaintiff is a "Consumer" as defined by 15 U.S.C. §2301(3). 32. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4),(5) and (8). 33. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 34. By the terms of its written warranties, affirmations, promises, or service contracts, Defendant agreed to perform effective repairs at no charge for parts and/or labor. 35. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all warranties implied by state law. Said warranties are imposed on all transactions in the state in which the vehicle was delivered. 36. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however, such repair attempts have been ineffective. 37. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) 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. 38. Plaintiff has afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 39. 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. 40. Defendant's failure is a breach of Defendant's contractual and statutory obligations constituting a violation of the Magnuson-Moss Warranty Improvement Act, including but not limited to: breach of express warranties; breach of implied warranty of merchantability; breach of implied warranty of fitness for a particular purpose; breach of contract; and constitutes an Unfair Trade Practice. 41. Plaintiff avers Defendant's Dispute Resolution Program is not in compliance with 16 CFR 703 by the FTC for the period of time this claim was submitted. 42. Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against Defendant. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential damages, reasonable attorneys' fees, and all court costs. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 43. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 44. Plaintiff is a "Person" as defined by 73 P.S. §201-2(2). 45. Defendant is a "Person" as defined by 73 P.S. §201-2(2). 46. Section 201-9.2(a) of the Act authorizes a private cause of action for any person "who purchases or leases goods or services primarily for personal, family or household purposes." 47. Section 1961 of the Pennsylvania Automobile Lemon Law, provides that a violation of its provisions shall automatically constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P. S. 201-1 et seq. 48. In addition, the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. §201-2(4), defines "unfair or deceptive acts or practices" to include the following conduct: (vii). Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (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; (xv). Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed; (xvi). Making repairs, improvements or replacements on tangible, real or personal property of a nature or quality inferior to or below the standard of that agreed to in writing; (xvii). Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 49. Plaintiff avers Defendant has violated these, as well as other provisions, of 73 P.S. §201- 2etsee . 50. Section 201-3.1 of the Act provides that the Automotive Industry Trade Practice rules and regulations adopted by the Attorney General for the enforcement of this Act shall constitute additional violations of the Act. 51. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls within the aforementioned definitions of "unfair or deceptive acts or practices." 52. The Act also authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount not in excess of Fifty Thousand Dollars ($50,000.00), together with all collateral charges, attorneys' fees, all court costs and treble damages. & SILVERMAN, P.C. By: ROBE AT M. SILVERMAN, ESQUIRE Attorney for Plaintiff 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 VERIFICATION Robert M. Silverman, states that he is the attorney for the Plaintiff herein; that he is acquainted with the facts set forth in the foregoing Complaint; that same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsificatiorNto authorities. ROBERT M. SPLVERMAN, ESQUIRE Attorney for Plaintiff I?PUR??J e CIT kEC1-jAN1E.SBVRG VM[ HOIrfTTof`f697-9606 BUS. PHONE SOC SEC #1 207-38-581? SOC SE VEHICLE BEING 01 ????vry1 NEW "CAR PLEASE ENTER fY?V MY ORDER FOR ? USED (PRIOR USE: YEAR r MAKE DU BODY TRANS COL MII FAGS SERI AL NO. UATE CB i q l) 1 - ? nc iroL o?,cn a vnl ` CHRYSLER ?{ SAr llP T E NO ,H ? JEEP S/R NO. 1 61 CVM of CRRIISLG _4STATE PA ZIP 17065 1119 HARRISBURG PIKE • CARLISLE, PA. 17013 4 8 3 4967 . • SOURCE - (71 7) 243-3525 ( 00) 5 www.cvmofcarlisle.com 188-40-6168 •, , BANK AMT ? TRUCK ? DEMO ADDRESS TERMS 500 0 LOUISE DRIVE (I(MOS)66 EL CITY STATE ZIP SEBRING M , TRIM ) PHONE ' N/A STO401 IAXTES/GVW IDA Evrmw 11 t G / 7CYYL IK Y NOO. T? IN SVC DATE WARRANTY:-8 AR NY: ACTORY E] DEALER 1:1 WARNO DA / i Q n7l RANTY THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE i MAKE MODEL BY PER $ DIEM GOOD UNTIL A/C NO. LIC 82 UNIT PRICE IIIYI LUUCJ -C-1. uc - $ PREPARATION & CLEAN-UP.) EXP. BODILY COLLISION` $ NjA (DEDUCTIBLE) INJURY $ PROP. COMPREHENSIVE: $ -------- -- W (DEDUCTIBLE) DAMAGE $ DEALER SE OF VEHICLE BUSINESS ? PLEASURE ? BOTH p SHICLE ? ABS ? PASSIVE RESTRAINTS ? kFETY FEATURES: ? AIR BAG . OFFIC ? THEFT ALARM E USE ONLY ? W ? R ? OA ACV SUBTOTAL $ LESS TRADE-IN ALLOWANCE (GOOD FOR 10 DAYS ONLY) TAXABLE AMOUNT $ PTA TAX $ INCLUDED W/SALES Al AT RIGHT, IF APPLICABLE. _ % SALES TAX TITLE PREPARATION REG. FEES: TEMP., TRANSFER, UPGRADE PAY-OFF AMOUNT (DUE ON TRADE) SERVICE INCLUDING AGREEMENT ES TAX) 1C-VkP. VV TOTAL -U 9 $ PARTIAL PAYMENT (REFUNDABLE AT OPTION OF DEALER) CASH ON DELIVERY AMOUNT FINANCED $ The front and back of this Order comprise the entire agreement affecting this purchase and no other agreement or understanding of any nature concerning same has been made or entered into, or will be I have read the matter rinted on the back hereof and agree to reco nized p g . it as a part of this order the same as if it were printed above my signature. i f ` by ac l d t I f l h p know e ge rece o a copy certify that I am o lega age, and ere of this ordef. THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE AND 5920 00 IN THE EVENT OF A TIME SALE, DEALER SHALL NOT BE OBLIGATED TO SELL UNTIL APPROVAL OF THE TERMS HEREOF IS GIVEN BY A BANK OR FINANCE COMPANY WILLING TO PURCHASE A RETAIL ' 2420 00 INSTALLMENT CONTRACT BETWEEN THE PARTIES HERETO BASED ON SUCH TERMS. I agree that the above described vehicle being traded is subject Furthermore 3500 00 , to reappraisal at the time of delivery and if it has accrued excessive mileage, suffered mechanical deterioration or if parts/accessories have been replaced , (including tires), this reappraisal may alter the trade-in allowance as shown here. off amount shown above is not confirmed I if th li n b h ld li bl t pay agree o a e e e e e 33 50 by the participating bank. h In the event of cancellation or breach of this agreement by the buyer(s), t e dealer shall be entitled to retain as liquidated damages, the sum of $ R/A Buyer has read and ackng4ull?dges all of the above provisions. a PLAINTI 'S 55739 W EXHI (g DATEF f/' 1 J.? ?yi,P? -000 `?y 00 f i ' F j /?y z DAT6i?I1 'fjV<J Jeep Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofcarlisle.com CUSTOMER NO. 7864 ADVISOR TAr' Nn INVOICE DATE INVOICE NO. LAN- 167 08/2'8/03 CHC567107 RONALD F JONES LABOR RATE 66.00 LICENSE N(?. MILFat F 2,739 COLOR zMFERNO.; r?F_p, STOCK NO .4018 2437 LOBACH DR VFAR /MAKE /MODEL 03/CHRYSLER/SEBRING 4DR/SDN LX DELNERY DATE 06/16/03 , L}ELIVEHY MILES 1 MECHANICSBURG, PA 17055 -' 8 VEHICLE 1? I:, 1 C 3 E L 4 6 X 7 3 N 5 5 9 6 9 4 .FLI INL; DFAL LR W) 10 PRODUCTION DATE --- F. T. E. NO. F' 1) Nu p ???FrL U?Q3 - ,9606 .- cEL$_4iY Y z'F}?l:FaCt i3?v sn}+F?sl t?f 9 x - t F: Owner Requested. -- ..?. ?? .-..- u .. s ..,, FIRST SERVICE ROUTINE MINT. PERFORM LUBE OIL AND FILTER PARTS ---- -- QTY---FP•NUMBER------- -------- DESCRIPTION--------- LIST PRICE-UNIT PRICE- JOB # 1 1 PK409 FILTER/OIL INTERNAL JOB 1 5 OIL CASTROL Q INTERNAI JOB 1 1 4105409 FILTER 01 9057006 INTERNAL JOB # 1 TOTAL PARTS 0.0( JOB # 1 TOTAL LABOR & PARTS 0.0( CLIENT STATES VEHICLE STILL PULLS TO THE RIGHT, SEE HISTORY WE X ROTATED TIRES LAST VISIT 7/9/03 STILL HAS A PULL PULLS TO RIGHT ALIGNED FRONT END OK AT THIS TIME PARTS - - - - - Q?.FPLNU7WER - ;01 SSG LIS E UNIT P R?.. # TOTAL TS 0.00 2 TAL LAB PARTS 0.00 -- -= - t- - -- - -- 3#' 3'O1CHZ01' FY,a TECHCS 53.,..x"'9'c TI SRH P LVANIA STAT INSPECTION } B S L/F R/R B 1 VEHI PASq ST ?AE,INSPECTION' L PARTS-••---QTY FP NUMBER ----------- DESCRIP'TION--------- LIST PRICE-UNIT -,JOB 3 TOTAL ' 0.00 JOB #LABOR & 0.00 CLIENT STATES INTERMITENTLY SURGES PCM UP DATE REPROGRAM TRANSMISSION CONTROL MODULE w PARTS ------ QTY --FP-NUMBER--=-•--......--DESCRIPTION----- ---LIST PRICE=UNIT PRICE 5 JOB # 4 TOTAL PARTS 0.00 JOB # 4 TOTAL LABOR & PARTS 0.00 ----- - ---------------------•---- . -------------------------- MISC------CODE--------DESCRIPTION- ----- -----------CONTROL NO--------- A JOB # 1 04HAZWASTE ENVIRONMENTAL DISPOSAL FEE INTERNAL I JOB # 3 IN INSPECTION STICKER INTERNAL, 9 a U TOTAL MISC 0.00 COMMENTS --------------------- -- PLAINTIFF'S DROP E PAGE1 OF 2 CUSTOMER COPY NEXT PAGE] 05:07pm f< x 1 DISCLAIMER OF WARRANTIES The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damages. SF604388 7864 RONALD F JONES 2437 LOBACH DR MECHANICSBURG, PA 17055 JEFFREY A MYERS, 56:_ LABOR RATE LICENSE NO. MILEAGE 66.00 fs-, 826_ YEAR/MAKE/MODEL 03/CHRYSLER/SEBRFNG 41DR/SDN. EX VEHICLE I.D. NO. 1 C 3 E L 4 6 X 7 3 N 5 5 9 6 9 4 F. T E N0. p0 NO `TiT'W 9606 ? I =' 1 :4 7 LABOR d-Ylitt 15-- - ----- -- ------- ----------- - ----- -- ----- ---- ---- Owner Requested. ROUTINE MAINT. PERFORM LUBE OIL AND FILTER PARTS------ QTY---FP-NUMBER--------------- DESCRIPTION-------- -LIST PRICE-UNIT PRICE- JOB # 1 1 PK0905 090/OIL 14.60 14.60 14.60 JOB # 1 1 5281090-BA FILTER EN 9057006 **** **** **** JOB # 1 5 OIL CASTROL Q **** **** **** JOB # I TOTAL PARTS 14.60 JOB # 1 TOTAL LABOR & PARTS 25.45 UL1ENI JtAIEJ UKIVLK-b S1UE JEAI KELI CLIP FALL TU THE FLOUR PLEASE CORRECT CHECK AND VERIFIED CONCERN,' RETAINING BUTTON MISSING FROM SEATBELT ORDERED NEW SEAT BELT. WILL CALL WHEN PART ARRIVES TO SET UP REPAIR PARTS------Q FP--NUMBED--- DF?S6RIRid ---------L -UNIT P J # 2 TOTAL T 0.00 ?f rM 2 TAL LAB PARTS 0.00 ---- -- --------- ----- S JUAN NIUN M LUWEKINGi,WINIX)W-fit" r4ff-r--,FRnNT nNIM I I\ Ji I FOR OR __j ?I " A 1"'7HI MADE??71S TI ,T? Y. FORT' ckr iwj A AVAILABL AT THISAIMR.. SEE SEtiG? CE MANAGER -FM DETEAIn'- PARTS - - - - - -QTY; FPUMBER - - -?' - - - -DEN- - - -LIST CE-UNIT JOB # 3 TOTAL VPs 0.00 B JOB # 3 TOTAL LABOR & PARTS 0.00 ----- =---------------------------- -- -------------- Mil"T ON Owner Requested. 6K SERVICE PERFORM TIRE ROTATION AS REQUIRED & CHECK/ADJUST TIRE P.S.I. 6 PARTS -----QTY-- FP-NUMBER ----------•--DESCRIPTION-- LIST PRICE-UNIT PRICE- JOB # 4 TOTAL PARTS 0.00 JOB # 4 TOTAL LABOR & ,PARTS 17-99 9 ----------------------•-----------------------=-----------`-------------------- =; MISC------ CODE--------DESCRIPTION------------- -----CONTROL NO--------- I JOB # 1 04HAZWASTE ENVIRONMENTAL DISPOSAL FEE 0.50 TOTAL MISC 0.50 PAGE 1 OF 2 CUSTOMER COPY [CONTINUED ON NEXT PAGE] 01:45Pm `) Phone (717) 243-3525 1 (800) 354-4967 www.cvmofcarlisle.com INVOICE NO. 03 CHCS68385 STOCK NO. 0 RED 4018 DELIVERY MILES 93 _;_ ,.< .... 18, R NO. PROUIICTION DATE x.10.. 11717/03 M0:6826 DISCLAIMER OF WARRANTIES The only warranties, if any, applying to the part(s) and/or service are those offered by,the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damages. SF60a380 QI ??t ? ? p•'- '?.,-'_+?'? ? 1119 hltR>U? Prrs „? C4R1_1St4 PA 17013 IS W, C13rnFCARLdSLF COW herl a11eY fldotots Ani UDZYALIC i( hry" Ier Jeep FIVE STAR ****-k f Derailspe"ariss h al(71d)nt z43 j? 43-3525 (71 25 - ? csoQ) 354-4?G ? `'`oQ Cett (717),439-42b?' F ( , 717 2 7g 41 Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofcarlisle.com ADVIbU11 '"VOICE DATE INVOICE NO. 7864 LAN 167 TAr-MO 47/09/Q3 CHCS66295 LABOR RATE LICENSE NO MILfL4GE "HOR STOCKNO. RONALD F JONES 66.00 88$ INFERNO RED 4018 2437 LOBACH DR YEAR i MAKE / MODEL DELIVERY DATE DELIVERY MILES MECHANICSBURG, PA 17055 Q3/CHRYSLER/SEBRING 4DR/SDN-LX 06/16/03 18 VEHICLE I.D. NO. SELLING DEALER NO PRODUCTION DATE 1 C 3 E L 4 6 x 7 3 N 5 5 9 6 9 4 10 FNO P ll NO. F1 O D TE U709/03•, - RTP` W-9606 4 r kit MO. 99 ;. -03E1 + $^ N T1 M `:' " TFCrtg5r)':153 f `j DISCLAIMER OF WARRANTIES CLIENT STATES PULLS TO RIGHT The only warranties, if any, applying to CHECK FOR CONCERN. TIRE PRESSURE LOW IN RIGHT FRONT the part(s) and/or service are those CROSS ROTATED FRONT TIRES, SET AIR PRESSURE IN TIRES ROAD TEST AGAIN OK offered by the manufacturer. The selling .. dealer hereby expressly disclaims all JOB # 1 TOTAL LABOR & PARTS 0.00 warranties, either expressed or implied, --------------------------------------- including any implied warranties of 2 < '?T?'? Z `- ": " " TECH(STI58€R merchantability or fitness fora articular CLIENT STATES CHECK MARKS AT MASKING TAPE P CHECK FOR CONCERN purpose, and neither assumes nor autho- BUFFFED OUT MARKS IN PAINT rizes any other person to assume for it JOB # 2 TOTAL LABOR & . PARTS 0.00 any liability in connection with the sale of - - -- - - - - - - - - - - this part(s) and/or service. Buyer shall TOTALS- --•-----•-------------------------------------------------------- _--- ---..-___-- not be entitled to recover from the selling, dealer any consequential damages, 3SSSfSS3SSifSS P A Y M E N T M E T H O D $$$$$$$$$$$$$$$$$ TOTAL LABOR.... 0.00 damages to property, damages for loss $ O CASH O C/CARD:......... $ TOTAL PARTS .. 0.00 $ $ TOTAL SUBLET... 0.00 ` of use, loss of time, loss of profits, or $ O CHECK # ............. O REC.DATE:.... /.... /.... $ TOTAL G.0.6 ... 0.00 income, or any other incidental damages. SSESSS$$$$$$ $,$$$"$$$S sssswst SSSSSSSSSSS M 0.00 -°- 0.00 WE NEED YOUR j1HELP . Y? ARE STr` MPOR ? ASSET. YO. MAY 0.00 RECEIVE A SU VEY CHR C ORAT DO NbJ FILL OUT YOU S VEY UNT ANS R STR'ONG' AGREk 0.00 IMPORTANT OR VERY SATI FI D.IF YO 'T WER ITH THESE R PONSES f 1, You may receive a PLEASE CALL E ERSO OU WIL FIN I WILL ADDRESS YOUR PLEAS- - LL E -• -- - - D EXCEED Y PATIENCE AND BOB CUSTOMEW SIGNATURE U W y F 9 E V C 5 a I? t [ END OF INVOICE 104:55pm I SF604388 177 L'-Q l ?yKY +. C3 &MV Jeep Mr-? 4 r? Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofcarlisle.com uusroMeR No. 7864 ADVISOR TAG NO. INVOICE DATE INVOICE NO. - SAN 167 12/09/03 CHCS68674 RONALD F JONES I.ge RAA LICENSE NO MILEAGE 7,749 COLOR INFERNO RED STOCK NO. 4018 2437 LOBACH DR MECHANICSBURG, PA 17055 YEAR/MAKE/MODEL 03/CHRYSLER/SEBRING 4DR/SDN LX DELNERY DATE 06/16/03 DELIVERY MILES 18. VEHICLE I.D. NO. 1 C 3 E L 4 6 x 7 3 N 5 5 9 6 9 4 SELLING DEALER NO. 10 PRODUCTION DATE F. T. E NO. P_ 0. NO. RIV88/03 HEt9606 ?G1 "Eg 4 - MO: ' 7751= rml --------------------------------------------------------------------- CLIENT-STATES PULLS RIGHT SINCE WE ROTATED TIRES LEADS RIGHT ROTATED TIRES. ROAD TEST OK.' VEHICLE DOES NOT PULL JOB # 1 TOTAL LABOR & PARTS ------------ -- ---------------- 0.00 - -- ----- ----------------- TOTALS--------- --- - ------------------------------------ ------------------- - SSSSSSSSSS$$S$ P A Y M E N T M E T H O D $$$$$$$$$$$$$$$$$ TOTAL LABOR.... 0.00 S O CASH O C/CARD:......... $ TOTAL PARTS.... 0.00 $ $ $' O CHECK # .............O REC.DATE:.... /..../.... $ TOTAL SUBLET... TOTAL G.O.G.... 0.00 0.00 SSSSSSi#SSS$SSS#$#S$SSSSSSSSSS#S$#S####SS#S#SSS3##$#S##$#$S# TOTAL MISC CHG. 0.00, TOTAL NISC DISC 0.00 WE NEED YOUR HELP.YOU ARE OUR MOST IMPORTANT ASSET.YOU MAY TOTAL TAX...... 0.00 RECEIVE A SURVEY FROM CHRYSLER CORPORATION. PLEASE DO NOT FILL OUT YOUR SURVEY UNTIL YOU CAN 'ANSWER STRONGLY AGREE TOTAL INVOICE $ 0.00 DR VERY SATISFIED.IF YOU CAN'T ANSWER WITH THESE; RESPONSES PLEASE CALL ME PERSONALLY.YOU WILL FIND I WILL ADDRESS YOUR 'ONCERNS.SOLVE YOUR PROBLEM AND EXCEED YOUR EXPECTATIONS. THANK YOU FI YQURCONFI?PA.T E 1hlD1D1)F ST?DING. BOB SI ?.P U f C e` Q 5 PAGE 1 OF 1 U CUSTOMER COPY 1 ?+ [ END OF INVOICE 110:06am DISCLAIMER OF WARRANTIES The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damages. SF604388 Oro Q ?+ Q Jeep r y Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofcartisle.com CUSTOMER NO. 7864 ADVISOR 67 LAN 167 7A G NO 17G INVOICE DATE 02 21.04 INvvw? Nu. CHCS69710 - - - LABOR RATE ILEAGE COLOR STOOK NO. NES J 66.00; 1 10 77!L 1 65, INFERNO RED 4018, O RONALD F ___ DELIVERY DATE DELIVERY MILES 2437 LOBACH DR YEAR I MAKE I MODEL 03 CHRYSLER SEBRING 4DR SDN LX 06/16/03 18 MECHANICSBURG, PA 17055 VEHICLE I.D. NO. SELLING DEALER NO PRODUCTION DATE 1 C 3 E L 4 6 x 7 3 N 5 5 9 6 9 4 10 F. L E. NO. P n Nn. R. O. DATE 02/21/04.- RFSID£NCE PHOW, 717-697 9606 BV31NES'PHONE 232 .8201. [:CiMMEM73... E# 2.4 jHO1026V LABOR & PARTS - - - - - - - - - - - - ' - - - - - - - i - - DISCLAIMER OF WARRANTIES , ; +I DI I?•? ' Q? P-1 w, s ,?? of Sl l7 „` ? ? The only warranties, if any, applying to Owner Requested. CHECK AIR IN TIRES the part(s) and/or service are those ROUTINE MAINT. offered by the manufacturer. The selling TIRE PSI SET AT 351 bs dealer hereby expressly disclaims all PERFORM LUBE OIL AND FILTER warranties, either expressed or implied, COMPLETED including any implied warranties of PARTS ------ QTY --- FP•NUMBER --------------- DESCRIPTION --------- LIST PRICE-UNIT PRICE- merchantability or fitness fora particular JOB # 1 1 PK0905 95 1*?95 090/OIL 14 14*-995 purpose, and neither assumes nor autho- JOB # 1 1 5281090-BA . FILTER EN 9057006 rizes any other person to assume for it JOB # 1 5 OIL CASTROL Q JOB # 1 TOTAL PARTS 14.95 any liability in connection with the sale of this part(s) and/or service. Buyer shall - JOB # 1 TOTAL LABOR & PARTS -------------------------------=-- - - - = - 25.95 ----- not be entitled to recover from the selling ------------------ -2,,?gCff ?? wamnw ---- - -- ---- - s dealer any consequential damages, CLIENT STATES INSTALL 5/0 SEAT BELT damages to property, damages for loss TIP HALF BROKEN of use, loss of time, loss of profits, or REPLACED DRIVERS SEAT BELT TIP HALF` income, or any other incidental damages. .2 a w 5 PARTS i ='=FIEr??? -f3ES6RTPTI JOB 2 --- GE-UNIT PRIG Ate SEAT BELT 2 49004 f WARRANTY fr F E # 2UTA,'PARTS 0.00 i J # 2 TAL LABOkPARTS 0.00 ............. _ .f_ --j-- k . ._ _ _ _ . _ _ ----------- ? --_--_ --_- -_ 3f lI HZ rk CLIENT ST. HECK L FT Bt! 3 POLISHED F OM RE BUMPER 1 t PARTS------QTY- FP-WH6ER---------------DESCRIPTION---------LIST PRICE-UNIT PRICE- JOB # 3 TOTALf?' 0.00 JOB # LABOR & 6.00 - -- - - -- -- - - --"- -•----.. .............. .............. MISC------ 000E -------- DESCRIPTION- ----- ---- -- ------CONTROL NO--------- JOB # I 04HAZWASTE ENVIRONMENTAL DISPOSAL FEE 0.50 TOTAL MISC 0.50 PAGE 1 OF 2 CUSTOMER COPY [CONTINUED ON NEXT PAGE] 09:31am SF604388 (10/011 c - \ t Jeep Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofcarlisle.com CUSTOMER NO 7864 ADVISOR TAG NO. INVOICE DATE INVOICE NO. - JEFFREY A MYERS 5 05/22/04 CHCS71085 LABOR RATE LICENSE NO. MILEAGE COLOR STOCK NO. RONALD F JONES 66.00 13,074 INFERNO RED 4018 2437 LOBACH DR YEAR / MAKE I MODEL DELIVERYDATE DELIVERY MILES MECHANICSBURG PA 17055 03/CHRYSLER/SEBRING 4DR SDN LX 06/16/03 1$,. , VEHICLE LD. NO. SELLING DEALER NO. PRODUCTION DATE 1 C 3 E L 4 6 X 7 3 N 5 5 9 6 9 4 10 F. T. E. NO. _ P. O. NO. R. O. DATE 05/22/04 H X9666 Y Ly s9 01 5 4 . MO: 13077 LAMR 5 F'fUtlS --------------- -------------------------------------------------- J# 1-O1CHZ07 RUBE; OIL '& FILTER TECH(S):153 9.50 Owner Requested. ROUTINE MAINT. PERFORM LUBE OIL AND FILTER PARTS-'-----QTY FP-NUMBER---------------DESCRIPTION---------LIST PRICE-UNIT PRICE- JOB 1 1 PK409 FILTER/OIL 14.95 14.95 14.95 JOB l 1 4105409 FILTER OI 9057006 **** **** **** JOB # 1 5 OIL CASTROL 0 **** **** JOB # 1 TOTAL PARTS 14.95 JOB # 1 TOTAL LABOR & PARTS 24.45 ------ ---- -- ---------------------------------------------------------------------------- J# 2 01CHZ14 BALANCE TIRES TECH(S)!153, 34.95 Owner Requested. ROTATE AND BALANCE TIRES, SEE HISTORY PERFORM TIRE BALANCE - (4) TIRES - CHECK/ADJUST TIRE P.S.I. 'ARTS--- --QTY---FP-NUMBER--------------- DESCRIPTION --------- LIST PRICE-UNIT PRICE- JOB # 2 TOTAL PARTS 0.00 (w JOB # 2,.zT OR & PART 34.95 - - -- --(-- }# 3 06CI .' N ''.TE S) 53 0'.00 CLI STAT CK OR C[[?? N? N6 E IN R E WHEN TONG LYING BRAKES W t I S CO"" OMTIME W L NEED DID HEAR NOISE UNABLE TO VERMY WHERE PARTS - - - - - -Q?AtlJMBE ? `"?,: OE$C I?J71N LI?..EI?II?E L)KI,T P?.Iu-- JOB # 3 TOTAL PARTS 2 &i R?S-' ` JOB # 3 . TI............ ------------ -- - -..----.: - x ' HISC------CODE DESCRIft1 --=-------- ------CONTROL NO•-- ,,- JOB # 1 04HAZWASTE ENVIRONMENTAL DISPOSAL FEE TOTAL - MISC COMMENTS-- ----- - -----------•--------•----------------------------------------- 1100 WAITER U w Z a 5 PAGE 1 OF 2 CUSTOMER COPY F 0.001 0.00 ------------ 0.501 0.50 [CONTINUED ON NEXT PAGE] 12:30pm DISCLAIMER OF WARRANTIES The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damages. ov y? Q UVL1 Q Jeep I. Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofearlisle.com -' - ••'-• • ^? 8 ??? ?•%•+ 'All nn INVOICE DATE INVOICE NO. :. JEFFREY A?.. MYERS S -:-. .._ 05Z26/04-1 CHCS7112 LABOR RATE LICENSE NO. MILEAGE COLOR STOCK. NO. RONAL ' F JONES .? -- 66.,00 13 ,210 INFERNO RED 4018 243=7 D YEAR / MAKE / MODEL DELIVERY DATE DELIVERY MILES SRG MECHANICNICSBU BURG PA 17055 03 CHRYSLER SEBRING 4DR SDN LX 06/16/03 1 , VEHICLE I.D. NO. SELLING DEALER NO. PRODUCTION DATE 1 C 3 E L - 4 6 X 7 3 N 5 5. 9 6 9 4 10, F T- E NO. P. O. f7G R. 0. DATE - 05/26,Q4 RESIDEN,E PHONE ? BUSWE S W-IONEr COMMEWS y n .. . 717-637"R9606 232 801 E# 2 A'4 `'? a?`:? ?xr: Y ?i1,?yr?? ,F Y• N10 7 3217 LABOR & PARTS - - - - - - - ' - - - - - - , , <y , 1# 1, 980111 . ' ..• . ?. , 00CELL; , ?OtJS TECH W -174 -, DISCLAIMER OF WARRANTIES CLIENT STATES CHECK NOISE IN FRONT WHEN TURNING AND BRAKING The only warranties, if any, applying to SEE TODD FRONT ROTORS WARPED the part(s) and/or service are those RESURFACED FRONT ROTORS AND ROAD TEST offered by the manufa9turer. The selling dealer `hereby rexprgssly disclaims all JOB # 1 TOTAL LABOR 8 PARTS 0.00 warranties, eAer expressed or implied, ------ --- ---------- -------------- • ------------------- -- ---------`----- COMMENTS -------- ----------- - --- _. - including any irpplied warranties of ----- ---------...----.----.. ..-.- DROP/RENTAL merchantability or fitness fora particular purpose, and neither assumes nor autho- TOTALS ------ ;-----= ----------------------------------------------------------------------------- rizes any other person to assume for it SSSSSf3SSSS SS P A Y_M E N T M E T H 0 D SSSSSSSSS$SS$$$$$ TOTAL LABOR.... $ 0.00 any liability in connection with the sale of this part(s) and/or service Buyer shall O CASH ( ) C/CARD.......... $ TOTAL PARTS.... $ $ TOTAL SUBLET... 0.00- 0 00 . not be entitled to recover from the selling, S O CHECK # .............O REC.DATE:.... /..../.:.. $ TOTAL G.O.G:... . 0.00 dealer any consequential damages, SSSSffSSffSSSSSSSSSSSSSSSSSSSffSSSSSifESSSSSSSSSSSSSSSiSSSSS TOTAL MISC CHG. 0.00 damages to property, damages for loss TOTAL. MISC DISC WE NEED YOUR HELP.YOU ARE OUR MOST IMPORTANT ASSET.YOU MAY TOTAL TAX...... 0 00; 0 00, of use, loss of time, loss of profits, or • RECEIVE A SURVEY FROM CHRYSLER CORPORATION', PLEASE DO NOT . _ - - mcome.or aqy other incidental damages. FILL OUT YOU OR VERY SATI PLEASE CALL ?:jY WERsTR6N6tY- E ?FIED-,IF AN ,? I?WITH THESE RESSES LLY-Y i! 1 FTI?] GIF WT II annRF c vnil 0.00 JEFF MYERS" CUSTOMER SIGNAiURF V U W F Z Q E 0 fG :E,PA IENCE AND UNDERIWING/ fF, . \ t PAGE 1 OF 1 CUSTOMER COPY .> tf"l S [ END OF INVOICE 105;29pm SF604388 Gov ?!t V-1 7 \ A Jeep Cumberland Valley Motors of Carlisle a O 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofcarlisle.com CUSTOMER NO. _ 7864 ADVISOR _ TAO NO. INVOICE DATE INVOICE NO. JEFFREY A MYERS 5 06/16/04, CHCS71421 LA130R RATE 66 00 1 LICENSE NO. MILEAGE COLOR STOCK NO. RONALD F JONES . 13,728 INFERNO RED 4018 2437 LOBACH DR YEAR/MAKE! MODEL DELIVERY DATE DELIVERY MILES MECHANICSBURG, PA 17055 03/CHRYSLER/SEBRING 4DR SDN LX 06/16/03 18- - VEHICLE I.D: NO. SELLING DEALER NO. PRODUCTION DATE 1 C 3 E L 4 6 X 7 3 N 5 5 9 6 9 4 10 F. T. E NO. P. O. NO. R. O. DATE _ 11886 1 06/16/04 R 717-697-9606 232 - 8261 E# 2s 4 , MO: 13728 LAWN &`PAJ1Is ------------------------- ------- - -- -- - - J#-1 05CHZ0?? INSPECT BRAKES TECH (S):153 WARRANTY CLIENT STATES NOISE IN FRONT TURNING AND BRAKING TEST DRIVE WITH TODD CHECK FOR CONCERN, SOUND IS COMING FROM FRONT BRAKE OR DRIVE AXLE AREA LIMED CALIPER SLIDES, AND TIGHTEN AXLE NUTS. DID NOT HEAR NOISE AFTER DOING THIS. ROAD TESTED THROUGHOUT THE DAY JOB # 1 TOTAL LABOR & PARTS 0.00 ----- -- ----- --------------- J# 2+98CHZ ' .'1.MISCELLANEOUS TECH(S)153 WARRANTY RENTAL CAR 1ST DAY RENTAL JOB # 2 TOTAL LABOR & PARTS 0.00 ------------------------------ SUBLET ----- PO# --- VEND INV#-INV.DATE•DESCRIPTION-----------------------•------- JOB` # 1 11886 06/16/04 1ST DAY RENTAL WARRANTY TOTAL - SUBLET 0.00 COMMENTS ---------------------------------------------------------------------------- NEEDS RENTAL °-s--„ TOTALS------ ------ ------ - ----- ------------ ------ ----- $$$$$$$$$$$$ $ A Y M T M T H 0 D $$$$$3 $$$$-$,I TOTAL 1 0.00 $ ( H ) C $ TOTAL PARTS.... 0.00 $ $ TO L SUB T... 0.00 $ O CH C # .... ...( REC. DA TO G.0 0.00 $$$$$$$$$$$$ SSS SSSS$$ ss $$$ $u$sssississs si 4, $ TO AL MI HIS. 0.00 L 0.0 WE NEED YOUR HELP.YOU ARE OUR MOST IMPORTANT ASSET.YOU MAY TOTAL TAX...... 0.00 RECEIVE A SURVEY ERM CHRYSLER CMZPpRATION.PL l) NOT FILL OUT YOUR- SURVEY" UNTIL YO11 L*,ANSWER S Y gGREE TOTAL IN J~ $ 0.00 OR VERY SATISFILD IF,,YOU CAN'T ANSWER WITH 8E R $PONSES IT PLEASE CALL US PCRS{)MLLY,YUU WI(L FIND WE WIL SS YOUR '` CONCERNS,SOLVE YOUR PROBLEM AND EXCEED YOUR EXPECTATIONS. 0 THANK YOU FOR YOUR CONFIDENCE.PATIENCE AND UNDERSTANDING JEFF MYERS a CUSTOMER SIGNATURE i C 0 C DISCLAIMER OF WARRANTIES The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damages. 61 PAGE 1 OF 1 CUSTOMER COPY ( END OF INVOICE 1 06:32pm I SF68A388 Carlisle Chrysler Jeep. 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 3 CUSTOMER Na - - 7864 - - - - - ADVISOR PAUL TAO Na INVOICE DATE 0111Z04 INVOICE NO. CHCS7223& LABOR RATE LICENSE NO. - MILEAGE - _ COLOR STOCK NO. RONALD F JONES 72.00 15 016 INFERNO RED 4018 2437 LOBACH DR YEARI MAKE/MODEL DELIVERY DATE DELIVERY MILES MECHANICSBURG PA 17055 03/CHRYSLERZS EB 4 R SEDAN 06/16/03 18 s - VEHICLE I.D. NO. SELLING DEALER NO. PRODUCTION DATE 1 C 3 E L 4 6 X 7 3 N 5 5 9 6 9 4 10 F. T. E. No. P O. NO. R. Q DATE 1 1. 08/11/04 RESIDENCE PHONE RUSINEt; ; PHONE COpWENTS - - - : 717=,697-9606 232-8201 E#12.4. _ MO: 15016 LABOR & PARTS ----------------------------- -- - J#1 16CHZ' FRONT ?Fffrl;{?`Df?.IVE,. ?.^'` ' -` TI CHfSp= .<, , . , { r „ k.. 040 C/S CLUNKING CREEKING WHEN BRAKING AND TURNING AFTER VEHICLE. IS WARMED UP NEEDS FRONT ROTORS RESURFACED CUSTOMER DECLINED JOB # 1 TOTAL LABOR & PARTS 0.00 ----------------------------------------------------------------- -------- -- ------------------ COMMENTS ---------------------------------------------------•--------.----- DROP TECHNICIAN CERTIFICATION -------------•-=-- --- 138 JAMES D DAVIS 13868624- TOTALS -------: -,`- -------- P A ,Y M E N T H E T H 0 b $$$$$$$$$$$$$SSS$ TOTAL LABOR.... 0.00 S O CASH O C/CARD:..,.:.... $ TOTAL PARTS.... 0.00 S $ TOTAL SUBLET... 0.00 $ O CHECK # .............O REC.DATE $ TOTAL G.O.G.. ... 0.00 $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$S$$S,SS$$S3sS$SS TOTAL MISC CHG. 0.00 TOTAL MISC. DISC 0.00 WELCOME TO CARLISLE CHRYSLER JEEP Tj-VAREA'NEWEST 5 STAR ?TOTAL TAX...... 0.00 DEALER. HOME OF THE S§,% OJ L CHA _ . " YOU THE CUSTOMER ARE OUR"MOSI" SiAi$A0LE ASSET`. . Y, TOTAL INVOICE $ 0.00 RECEIVE A 'SURVEY FROM/ ICHRYS_ TION-. P 0( NOT FILL OUT THE SURVEY UNTIL Yl ?STRLTi'iGL. ?F_OR- VERY SATISFIED) _.:, IF YOU CM,!_r'ANSWE I! ESE , SPI ISES PLEASE CALL ME PE"LLY 3YCH1 WILL IN THIN I;,WIL4,APWFSS YOUR CONCERNS. { ?r z ^ PAUL EVANS, SERVICE MANAfE`R 1 CUSTOMER SIGNATURE } l . S PAGE 1 OF 1 CUSTOMER COPY I END OF INVOICE 105:01PM DISCLAIMER OF WARRANTIES The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damages. t . Carlisle Chrysler Jeep 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 b 7864 - LABOR RATE LICENSE NO. MILEAGE COLOR STOCK NO. RONALD F JONES 72.00 15,400 INFERNO-, RED 4018 2437 LOBACH DR YEAR / MAKE / MODEL DELIVERY DATE DELIVERY MILES MECHANICSBURG PA 17055 03 CHRYSLER SEBRING 4 DOOR SEDAN 06/16/03 t VEHICLE I.D. NO. SELLING DEALER NO. PRODUCTION DATE 1 C 3 E L 4 6 x 7 3 N 5 5 9 6 9 4 ,10 T. T. E. NO. - P. O. Na R_ 0. DATE - - I RESIDE MCE PHONE - L?SINESS - C,DIkAENTS :... Z17-697-9606 ,?3?, $Z„ . E? ;2.4 LABOR R PARTS -- ---------------- - ----_ -- ----------------------------------- 105CHZ01. CH 4'. r- C/S NOISE WHEN BRAKING AND INGE(x143I ?, A?FfY REPLACED FRONT ROTORS PARTS- ----QTY---FP-NUMBER-- --- DESCRIPTION--- LIST PRICE-UNIT PRICE- JOB # 1 2 4879138-AC ROTOR BRA 5005003 WARRANTY JOB # 1 TOTAL PARTS 0.00 JOB # 1 TOTAL LABOR & PARTS 0.00 --- ----- -•------ -- - ------------- J# 2+98CHZ MISkLOtI .rTECNf5I:r4F'tF-?•*:."I RENTAL PARTS------QTY---FP-NUMBER- ---•--DESCRIPTION---------LIST PRICE UNIT PRICE JOB # 2 TOTAL PARTS' 0.00 JOB # 2 TOTAL LABOR.& PARTS : 0.00 -------------- - ----- ----- --- ----- - -- ---------: SUBLET----PO#------ -VEND INV#-INV.DATE-DfSCRIPTION - - - -- -- ------ JOB # 1 12070 08/26/04 RENTAL INTERNAL TOTAL - SUBLET O.OI} COMMENTS b - ---- REPAIR DONE FOR CUSTOMER SATISFACTI!* f. ..- _ _-___-_- TECHNICIAN CERTIFICATION ink - ------- si r..,STEVE 193 ?eN J:3 ?' 20#6869 TOTALS A Y- --- - -N !f - --- ---- P 3 M E'N1.<F FI t 3SS5##SS#SSS T 0.00 f' ()CASH "° (( ) y:.,_ + .? e? 3 V s.:: • - 0.00 ? r, S"' •', °BLET... 0.00. a OCHECK 'TOTAL ....... 0,00 o SSSSSSSS3333SSSS3SSSSSSSSiSSSSSSS3S SS#S3SSSS33#SfS3SS33SSSf,; TOTAL MISC CHG. 0.00 f TOTAL MISC DISC 0.00 WELCOME TO CARLISLE CHRYSLER JEEP THE AREA. NEWEST 6,,STAR' TOTAL TAX.,.... 0.00 BDEALER, HOME OF THE-S9-.9? O1L?CHANGE. YOU THE CUSTOMER ARE OUR MOST VALUABLE ASSET.' YOU MAY TOTAL INVOICE $ 0.00 RECEIVE A SURVEY FROR CHRYSLER CORPORATION. PLEASE 00. NOT FILL VERY SATISFIED.' 'IF YOU CWT ANSWEA"WITH THESE RESPONSES w -WITH THESE RESPONSES T PLEASE CALL ME PERSONALLY. YOU WILL 'FIND 'THAT I WILL ADDRESS YOUR CONCERNS. PAUL EVANS, SERVICE MANAGER' 5 CUSTOMER SIGNATURE t= e /26/04 MO: 1542v DISCLAIMER OF WARRANTIES The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or ncome, or any other incidental damages. 'I PAGE 1 OF 1 CUSTOMER COPY [ END OF INVOICE ] 03:38pm 4 RATE LICENSE NO. RONALD F JONES 12,00 2437 LOBACH DR YEAR! MAKE r MODEL MECHANICSBURG, PA 17055 ,AR ELD.ND. L F T. E. NO. PO. NO. PHONE -BUSINESS PHONE CIOMMCNTS - 717-697-9606 232--8201,,. E# 2.4 LABOR C& PATtR?TS --------- •--- J#' 1; 1b1.a ? _ _ - . - - • - - - • r>tla4lel??ea?sa:ate..-,. ,,i? rw3 W rMKAKU UK Ktv - TRANS COOLER LINE WAS DISCONNECTED DUE TO BROKEN HOSE CLAMP. REATTACHED HOSE AND REPLACED HOSE CLAMP. TOPPED OFF FLUID LEVEL TO ROAD TEST VEHICLE. VEHICLE HAS A HARSH 3-2 SHIFT, POSSIBLE AIR IN FLUID. CHECKED FOR CODES. P0944-LOSS OF PRIME, DUE TO LEAKAGE.& P0841-LOW PRESSURE SWITCH SENSE - CIRCUIT, HAD TO ROAD TEST VEHICLE UNTIL ALU AIR WAS PURGED. PARTS -----•QTY --- FP-NUMBER --------------- DESCRIPTION ------•-- LIST PRICE-UNIT PRICE- JOB # 1 2 5013458-AA. FLU1l3 TRA.1081018 W JOB # 1 3 4596424=AA' CU 0 405:14029006 ARRwn X JOB # I TOTAL PARTS 0.0 JOB # I TOTAL LABOR & PARTS -------- -- 0.0( --- -•- COMMENTS- ------------ -----'------=- WAITER - TECHNICIAN CERTIFICATION ------------------ ;- - -;--------- -- ----• ---_---.-- 174' DENNIS E MOONEY 21350590 TOTALS -- - ------- SSSSSSYSSESS?S'P A Y 1 E N T r*ItFsFT IL Q D ESSSs ' T , $ sS; S$4$$$.,. OTAL LABOR ...- $ ° f ) CASH TOTAL f PARTS.... 0.00 ;000 , $ TOTAL,SUBLET... $ O CHECK # ... O C RATE; /.. l 1 TOTAL G:a:G:... 3 S33?S Sx3rSSSSSSS?SS3SS SSS b .0:00 0.00 ; SS ssj_$$, S# 1SSSS3v- TOTf?Id CHG. ;zT e C DISC WELCOME TO CARLISLE `6HE,YSLEFZ JE ? a• : [ ' 0.00 0.00 ; :; pT ? ,? < OTA DEALER; 'HJM€ OF THE`59.95 OIL A?1GF- 0.00 YOU THE CUSTOMER ARE OUR MOST VALUANLE ASSET, 'YOU MAY TOTAL INVOICE $ RECEIVE A SURVEY FROM'CHRYSLER CORKRATII,,W ' PLEASE.DO NOT . FILL-OUT THESURVEY UNTIL YOU CAN 0.00 . ANSWEFtSTRONGLY-AGREE OR ' VERY SATISFIED.: IF YOU CAN'T ANSWER WITH THE5F RFSPDNSES PLEASE CALL US YOUR SERVICE SO THAT WE MAY ADDRESS YOUR CONCERNS. DOUG BOLINGER &? TANYA MULL.****YOUR SERVICE TEAM**** CUSTOMER SIGNATURE O VI 0 Z a a 4 F PAGE 1 OF 1 Carlisle Chrysler Jeep o 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 CUSTOMER COPY [ END OF INVOICE ) 04:46pm ?Wa RED DELIVERY MILES R NO. PRODUCTION DATE R O 0.47E X1120 04 ' 'NtO. 1?8 DISCLAIMER OF WARRANTIES f The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damages. 4 t - • 1 Carlisle Chrysler Jeep 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 I, 7864 RONALD F JONES 2437 LOBACH DR MECHANICSBURG, PA 17055 F. T. E. NO. 2061 - -- LICENSE NO. MILEAGE 17,803 MODEL YSLER/SEBRING/4 DOOR SEDAN E L 4 6 x 7 3 N 5 5 9 6 9 4 P. O. NO. Rj?EGj7 _9606 -`1 --- -- --- - -------------------------------- J# 1 15CHZ01 - INSPECT TRAN5M15SI0WfWU135 ;<::TF }tIS?L174§ °' , O.DO C/S TRANSMISION NOT SHIFTING. RIGHT AT 35 MPH SEEMS TO SHIFT DOWN TO LOW WHEN SHIFTING INTO GEAR DIAGNOSE CONCERN AND PERFORMED QUICK LEARN PARTS ------ QTY---FP-NUMBER --------------- DESCRIPTION --------- LIST PRICE-UNIT PRICE- JOB # 1 TOTAL PARTS 0.00 JOB # 1 TOTAL LABOR & PARTS 0.00 ----------- -- ---------------- ---- ---- -- --- -- --- J# 2+9"ZRO M SCELLAKOU? . - ICE =:- 8.7D tJ $? I74{ ..183i , . ---------^ WARRANTY C/S THERE IS A LOUD NOISE HEARD WHEN TURNING LEFT OR RIGHT DIAG HAD JOE MORTIN INSPECT REPLACED RIGHT UPPER CONTL ARM UPPER STRUT MOUNT RF HUB BEARING RE STRUT NOISE GONE PARTS------QTY---FP-NUMBER-=---=---------DESCRIPTION---------LIST PRICE-UNIT PRICE- JOB # 2 1 4782974-AD ARM CONTR 17011015 WARRANTY JOB # 2 1 4764552-AC BRACKET S 17029001 WARRANTY JOB # 2 1 6503889 SCREW FLA 17015003 WARRANTY JOB ## 2 1 6503711 NUT HEX F 17015030 WARRANTY JOB # 2 1 4578144-AA BEARING B 20 ?1087 WARRANTY JOB # 2` 1 4895029-AA STRUT SUS 17023004 WARRANTY JOB # 2 TOTAL PARTS 0.00 JOB # `2,;TOTAL LABOR & PARTS - - 0.00 - ---- ---------- ---------- - ----- ---•------- • ----- COMMENTS------- -- ------_ --------- ---- -- - -- -------- -- DROP •---- TECHNICIAN CERTIFICATION ----- = ---- :174 PE,-E 90 3` 193EV& 'J ThORRA[ ` 9 O 8 ,; Et46. o . e ii W N ? W 'O 9 5 ICHCS74961 ERNO RED IK103 f__ -t-_ IV29/04 M0: 17835 DISCLAIMER OF WARRANTIES The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any irgplied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damages. IMPORTANT You may receive a questionnaire from the manufacturer in the 49 next fevi weeks. If for any reason you cannot grade us Excellent" please contact your 1; service manager. Thank You. Carlisle Chrysler Jeep PAGE 1 OF 2 CUSTOMER COPY [CONTINUED ON NEXT PAGE] 04:39pm .6 ' • it Carlisle Chrysler Jeep. 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 GDS"TUNER Nom...... 7864 RIA v 206 Tai No. 8 /M05 ICHCS 74961 RONALD F JONES LABOR RATE LICENSE NO. MILEAGE 17,803 ERNO RED M'9' 2437 LOBACH DR YEARI MAKE I MODEL CHRYSLER/SEBRING/4 03/ DOOR SEDAN V S 9'/'03 DELIVERY MILES 18 MECHANICSBURG, PA 17055 V T L. NIE L 4 6 X 7 3 N 5 5 9 6 9 4 JbLNG DEALER NO. PRODUCTION DATE F. T E. NO. P. O. NO. - - Rr?'?L Eli -9606 $$$$$$$$$$$$$$ P A Y M E N T M E T H O D $$$$$$$$$$$$$$$$$ TOTAL LABOR.... $ O CASH O C/CARD:......... $ TOTAL PARTS.... $ $ TOTAL SUBLET... $ O CHECK # .O REC.DATE: ./.. ./.. $ TOTAL G.O.G.. $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ TOTAL MISC CHG. TOTAL MISC DISC WELCOME TO CARLISLE CHRYSLER JEEP THE AREA NEWEST 5 STAR TOTAL TAX...... DEALER. HOME OF THE $9.95 OIL CHANGE. TOTAL INVOICE $ STEVE TORRAO-BOB PATTERSON & BRIAN MASON**YOUR SERVICE TEAM* EXPLANATION OF CHARGES WERE REVIEWED WITH CUSTOMER CUSTOMER SIGNATURE ************************* D'U P L I C A T E .INVOICE **************** Y O U U 0.00 0.00 0.00 0.00 0.00 0.00 0.00. 0.00 9 a 3??9/04 ? - MO. ,17835 DISCLAIMER OF WARRANTIES The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any irgplied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damages. PAGE 2 OF 2 CUSTOMER COPY ( END OF INVOICE ] 04:39pm 4 M L Carlisle Chrysler Jeep 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 CUSTOMER NO. , 7864 [f R..... 121 1A rv . '04722705 °l-1' S / 7068 RONALD F JONES LAB©R RATE LICENSE NO. MILEAGE 20,580 `ERNO RED STT 2437 LOBACH DR MECHANICSBURG, PA 17055 jMW IE R/SEBRING/4 DOOR SEDAN T U M103 DELIVERY MILES 18 HI L ???'"? L 4 6 x 7 3 N559694 ING DEALER NO. ?? PRODUCTION DATE FTE- NO. P. O. NO. tmr18/05 117'9 9606 J# 1 06CHZ' FRONT SUSPENSION HOURS:' 1.00 TECH(S).'214 WARRANTY DISCLAIMER OF WARRANTIES CHECK CREEKING AND POPPING NOISE IN FRONT Eta REPLACED RIGHT SIDE BRAKE CALIPER AND AXLE SHAFT WORK COMPLETED NOISE GONE REPAIRS MADE PER JOE MORTON PARTS------QTY---FP-NUMBER---------------DESCRIPTION--------- LIST PRICE-UNIT PRICE- JOB # 1 1 5017653-AA SHAFT AXL 2510002 WA RRANTY JOB # 1 1 5018990-AA CALIPER D 5005001 WA RRANTY JOB # 1 1 4318080-AB FLUID BRA 1081006 WA RRANTY JOB # 1 TOTAL PARTS 0.00 JOB # 1 TOTAL LABOR & PARTS 0.00 -------------- ------------ TECHNICIAN CERTIFICATION ------------------------------------- ----------------------- 214 WILLIAM T SCHNIEDEL 21838695 TOTALS------------------------------------------------------- ------------- --------------- ------ $$$$$$$$$$$$$$ P A Y M E N T M E T H O D $$$$$$$$$$$$$$$$$ TOTAL LABOR.... 0.00 $ O CASH G) C/CARD:......... $ TOTAL PMTS.... 0.00 $ TOTAL SUBLET ... 0.00 $ O CHECK # .............O REG.DATE:.,:../....l.!.. S TOTAL G.O.G.... 0.00 SSS$SSSSSSSSSSS$S$$SSSS$SSSS$SS$$$$$SSSr#$S;SSSSSSSSSS#fSS$S ' TOTAL HISC CHG. 0.00 TOTAL MISC DISC 0.00 WELCOME TO CARLISLE CHRYSLER JEEP,T14E AREA NEWEST 5 STAR TOTAL TAX...... 0.00 DEALER. HOME OF THE $9:95 OIL CHANGE. - TOTAL. INVOICE $ 0.00 STEVE TORRAO-BOB PATTERSON & BRIAN MASON"YOUR SERVICE=;TEAM*. EXPLANATION OF CHARGES WERE REVIEWED WITH CUSTOMER a U CUSTOMER SIGNATURE S 1- Q_Z 2 w 9 9 5 The only warranties, if any, applying to the part(s) and/or service are those offered by the manufacturer. The selling dealer hereby expressly disclaims all warranties, either expressed or implied, including any implied warranties of merchantability or fitness for a particular purpose, and neither assumes nor autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer, shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or anv other incidental damages. PAGE 1 OF 1 CUSTOMER COPY [ END OF INVOICE 1 03:29pm J f ?Nc -a i C`-'? CD r? I '3 N T-? t.? R a LG1o cr_• rcl H• •p R N FM KIMMEL & SILVERMAN, P.C. By: Robert M. Silverman, Esquire Identification No. 55914 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 RONALD JONES V. DAIMLERCHRYSLER CORPORATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : PHILADELPHIA COUNTY June Term, 2005 No. 001337 AFFIDAVIT OF SERVIC I, Lori Lee Harrison, a competent adult, being duly sworn according to law, depose and say that at 9:00 A.M., on June 22, 2005, I personally handed to Nancy Armstrong, on behalf of DaimlerChrysler Corporation, c/o CT Corporation, 1515 Market Street, Suite 1210, Philadelphia, PA 19103. Adult family member with whom said Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). x Agent or person in charge of Defendant's office or usual place of business. and officer of said Defendant's company. Other a t ao)d correct copy of the complaint issued in the above- cap/t ' one ma ter. Signa ure o erver) Sworto and s ibed lf? o e i day C 1 005. NOTARY PUIJI;ICO neary Pub!+c y ,,, ,err ,ry C•^isrr y ?5 2e .._? rar4 \01 _2I \LIAB\DPC\LLPG\511339\LOJ\03043\04238 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: David P. Czap, Esquire Attorney I.D: 81792 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2784 TO PLAINTIFF Cj YOU ARE HEREBY NOTIFIED TO °? ??? 17r PLEAD TO THE ENCLOSED ,? /Q /0 NEW MATTER WITHIN (20) DAYS ? 0 ?y / FROM THE SERVICE HEREOF OR A P V ^f DEFAULT JUDGMENT MAYBE ENTERED ?? '? AGAINST YOU. Attorney for Defendan , rlerChrysler Corporation Attorney for Defendant, DaimlerChrysler Corporation RONALD JONES COURT OF COMMON PLEAS PHILADELPHIA COUNTY V. JUNE TERM, 2005 DAIMLERCHRYSLER CORPORATION NO. 1337 ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT OF DEFENDANT, DAIMLERCHRYSLER CORPORATION Defendant, DaimlerChrysler Corporation by and through its attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, hereby answers plaintiff's Complaint and asserts new matter defenses as follows: 1. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied. 2. Admitted in part; denied in part. It is admitted that DaimlerChrysler Corporation is a corporation organized and existing under the laws of the State of Delaware with a principal place of business in Michigan. Inasmuch as the Plaintiff fails to define what is meant by "qualified to do and regularly conducts business in the Commonwealth of Pennsylvania", after reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the these averments and the same are therefore denied. WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment in its favor and against the plaintiff, together with costs. BACKGROUND 3. Admitted in part; denied in part. It is admitted that plaintiff obtained a DaimlerChrysler Corporation vehicle that was manufactured and warranted by defendant bearing vehicle identification number as alleged. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments and same are therefore denied. 4. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and the same are therefore denied. 5. Admitted in part; denied in part. It is admitted that Exhibit "A" is attached to plaintiffs complaint. Said document speaks for itself and any allegations to the contrary contained in plaintiffs complaint are denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of the remaining averments and same are therefore denied. 6. Denied. Because the plaintiff has failed to define the specifics of the alleged warranties, guarantees, affirmations or undertakings after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments and same are therefore denied. 2 7. Denied. Because the plaintiff has failed to define the specifics of the alleged warranties, guarantees, affirmations or undertakings after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments and same are therefore denied. 8. Denied. It is denied defendant entered into a contract or "bargain" with the plaintiff. On the contrary, no contract was negotiated or completed between the parties. In as much as the plaintiff fails to define the specifics of the alleged guarantees, affirmations and undertakings after reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments and the same are therefore denied. 9. Denied. It is denied that the vehicle experienced nonconformities or conditions that were not corrected within the terms of the express written warranty issued by DaimlerChrysler Corporation. It is denied repair attempts were ineffective. 10. Denied. It is denied that the plaintiff has resorted to an informal dispute settlement procedure. 11. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment in its favor and against the plaintiff, together with costs. 3 COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW 12. Defendant, DaimlerChrysler Corporation, hereby incorporates its previous answers to plaintiff s Complaint as though the same were set forth herein at length. 13. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 14. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 15. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 16. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 17. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that any alleged express warranty was breached. 18. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 19. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 20. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that any alleged express warranty was breached. 4 21. Denied. It is denied that the vehicle has or will be out of service for thirty or more days by reason of nonconformities as defined by 73 P.S. § 1951 et. sec. 22. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments and the same are therefore denied. 23. Denied. It is denied that the vehicle experienced nonconformities or conditions that were not corrected within the terms of the express written warranty issued by DaimlerChrysler Corporation. It is denied repair attempts were ineffective. 24. Admitted in part; denied in part. It is admitted that exhibits are attached to plaintiff's Complaint and that such exhibits appear to be repair orders. Defendant denies the characterization of service on the dates on the service records and the remaining averments of this paragraph. The documents speak for themselves. 25. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments and the same are therefore denied. Furthermore, the averments contained in this paragraph constitute conclusions of law to which no response is required. 26. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments and the same are therefore denied. Furthermore, the averments contained in this paragraph constitute conclusions of law to which no response is required. 27. Denied. After reasonable investigation, answering defendant is without information or knowledge sufficient to form a belief as to the truth of these averments and the 5 same are therefore denied. Furthermore, the averments contained in this paragraph constitute conclusions of law to which no response is required. 28. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that answering defendant did not comply with its express, limited warranty. 29. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment in its favor and against the plaintiff, together with costs. COUNT II MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT 30. Defendant, DaimlerChrysler Corporation, hereby incorporates its previous answers to plaintiff's Complaint as though the same were set forth herein at length. 31. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 32. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 33. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 34. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 35. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 6 36. Denied. It is denied that defendant's authorized service facility has performed ineffective repairs. It is further denied that defendant has breached any warranty or is otherwise liable to plaintiff as a result of any action or inaction on the part of the answering defendant. 37. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 38. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that answering defendant did not comply with its express, limited warranty. 39. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that answering defendant did not comply with its express, limited warranty. 40. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that answering defendant breached any alleged duty or obligation to plaintiff. 41. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 42. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment in its favor and against the plaintiff, together with costs. 7 COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 43. Defendant, DaimlerChrysler Corporation, hereby incorporates its previous answers to plaintiff's Complaint as though the same were set forth herein at length. 44. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 45. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 46. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 47. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 48. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 49. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that answering defendant violated any statute as alleged by plaintiff. 50. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 51. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. It is further denied that answering defendant violated any statute as alleged by plaintiff. 8 52. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment in its favor and against the plaintiff, together with costs. NEW MATTER 53. Plaintiff's Complaint fails to state a claim for which relief may be granted against DaimlerChrysler Corporation. 54. Plaintiff's claims are barred and/or limited by the applicable disclaimers of warranty and limitations of damage provision. 55. Plaintiff's 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. 56. Plaintiff's claims are barred and/or limited by her failure to mitigate damages. 57. If the plaintiff sustained any alleged injuries, damages or losses, the injuries, damages, or losses were caused by persons and/or entities over whom answering defendant had no control and for whom answering defendant is not responsible. 58. Plaintiff's alleged claims of nonconformity do not substantially impair the use, value, or safety of the vehicle. 59. Plaintiff's claims are or may be barred by the applicable doctrine of laches, estoppel or waiver. 60. Plaintiff's Complaint fails to state a claim for which any attorney fees may be awarded. 9 61. Plaintiff's claims may be barred and/or limited by the Lemon Law, Unfair Trade Practices and Consumer Protection Law, Uniform Commercial Code and the Magnuson-Moss Warranty Act. 62. It is denied that plaintiff obtained the vehicle primarily or normally for personal, family or household purposes and plaintiff is not entitled to recovery under the Lemon Law, Magnuson-Moss Warranty Act, or the Pennsylvania Unfair Trade Practices Act. 63. Plaintiff's Complaint may be barred by the applicable statute of limitations. WHEREFORE, defendant, DaimlerChrysler Corporation, respectfully demands judgment in its favor and against the plaintiff, together with costs. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DAVID P. CZAP, F?>3?R1r Attorney for Defendant, DaimlerChrysler Corporation 10 VERIFICATION David P.Czap, Esquire, hereby states that he is the attorney for DaimlerChrysler Corporation, defendant herein, and verifies that the statements made in the foregoing Answer with New Matter of Defendant, DaimlerChrysler Corporation, to Plaintiff's Complaint, are true and correct to the best of his 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 unswom falsification to authorities. DAVID P. ZAP, ESQU CERTIFICATE OF SERVICE David P. Czap, Esquire, hereby certifies that he is the attorney for the defendant, DaimlerChrysler Corporation, in the within action; that I am duly authorized to make this certification and that on the day of , 2005, he did cause a true and correct copy of Answer and New Matter of Defendant, DaimlerChrysler Corporation, to Plaintiff s Complaint to be forwarded by first class, U.S. Mail to counsel below as follows: Robert M. Silverman, Esquire Kimmel & Silverman, P.C. 30 E. Butler Pike Ambler, PA 19002 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DAVID P. CZAP, :ESQUIRE Attorney for Defendant, DaimlerChrysler Corporation olR%o QRO `' 'oz5 MARSHALL, DENNEHEY, WARNER, PSG 1 COLEMAN & GOGGIN 0N By: David P. Czap, Esquire XA- Attorney I.D: 81792 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2784 57Y 6'?, S /p All P Attorney for Defendant, 6'DaimlerChrysler Corporation ` by RONALD JONES COURT OF COMMON PLEAS PHILADELPHIA COUNTY V. JUNE TERM, 2005 DAIMLERCHRYSLER CORPORATION NO. 1337 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of DaimlerChrysler Corporation, in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN BY: DAVID P. CZA , Attorney for Defendant, "rQljysler Corporation r- n tR FJ tt S Q Z 13 PHILADELPHIA COURT OF COMMON PLEAS PETITION/MOTION COVER SHEET FOR COURT USE ONLY ASSIGNED TO JUDGE: ANSWER/RESPONSE DATE: Do not send Judge courtesy copy of Petition/MotionlAwwer/Response. I Status may be obtained online at http://courtslphila.gov Ronald Jones vs. DaimlerChrysler Corporation INDICATE NATURE OF DOCUMENT FILED: ? Petition (Attach Rule to Show Cause) ® Motion ? Answer to Petition ? Response to Motion CONTROL NUMBER: O?Oy?r7 (RESPONDING PARTIES MUST INCLUDE THIS NUMBER ONALL FILINGS) JUNE Term 2005 Month Year No. 1337 Name of Filing Party: DaimterChrysler Corporation (Check one) ? Plaintiff ® Defendant (Check one) ® Movant ? Respondent Has another petition/motion been decided in this case? ? Yes ® No Is another petition/motion pending? ? Yes ® No If the answer to either question is yes, you must identify the judge(s): TYPE OF PETITION/MOTION (see Aston reverse side) i Petition to Transfer Venue for Forum NonConveniens PETITION/MOTION CODE (see list on reverse side) MTTFR 1. CASE PROGRAM 11. PARTIES Is this case in the (answer all questions): Robert M. Silverman, Esquire A. COMMERCE PROGRAM KIMMEL & SILVERMAN, P.C. Name of Judicial Team Butler Pike 30 E Applicable Petition/motion . Has deadline been previously extended by the Court? Ambler, PA 19002 ? Yes ? No 215-540-8888 B. DAY FORWARD/MAJOR JURY PROGRAM - Name of Judicial Team David P. Czap, Esquire Applicable Petition/motion Marshall, Dennehey Has deadline been previously extended by the 1845 Walnut Street, 21St Floor ? Yes ? No Philadelphia, PA 19103 C. NON JURY PROGRAM 215-575-2754 Date Listed: D. ARBITRATION PROGRAM i . ? Arbitration Date: 2/10/06 E. ARBITRATION APPEAL PROGRAM ' - lU ?` Date Listed: ))) F. OTHER PROGRAM Date Listed: III. OTHER By filing this document an signing below, the moving party certifies that this motion, petition, answer or response along with all documents filed, will be served upon all cou represented parties as required by rules of Court (see PA.R.C.P. Rule 206.6, Note to 208.2(a), and 440). Furthermore, moving party verifies that t a d herein are true and correct and understands that sanctions may be imposed for inaccurate or incomplete answers. David P. Czap, Esquire 81792 (Attorney Si7 ature/UnreprZented Party) (Date) (Print Name) (Attorney I.D. No.) The Petition, Motion and Answer or Response, if any, will be forwarded to the Court after the Answer/Response Date. No extension of the Answer/Response Date will be granted even if the parties so stipulate. 30-1061(Rev.4/04) \01 _21 \LIAB\DPC\LLPG\511350VLOJ\03043\04238 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: David P. Czap, Esquire Attorney I.D: 81792 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2784 Attorney for Defendant, DaimlerChrysler Corporation RONALD JONES COURT OF COMMON PLEAS PHILADELPHIA COUNTY V. : JUNE TERM, 2005 DAIMLERCHRYSLER CORPORATION NO. 1337 PETITION OF DEFENDANT, DAIMLERCHRYSLER CORPORATION, TO TRANSFER VENUE FOR FORUM NON CONVENIENS Defendant, DaimlerChrysler Corporation, by and through its attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, hereby petitions this Honorable Court for an Order transferring this matter for forum non conveniens to the Court of Common Pleas of Cumberland County, pursuant to Pa.R.C.P. 1006(d)(1), and avers as follows: 1. This civil action was commenced by the filing of a Complaint in the Court of Common Pleas of Philadelphia County on or about June 15, 2005. A true and correct copy of plaintiffs Complaint is attached hereto as Exhibit "A". 2. The action alleges a violation of the Pennsylvania Automobile Lemon Law, 73 P. S. §1951 et. sue, the Magnuson-Moss Federal Trade Commission Improvement Act, 15 U.S.C. §2301 et. sec. and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1 et. sec.. as a result of the lease of a 2003 Chrysler Sebring. 3. This case has absolutely no relationship to any activities, events or transactions which occurred in Philadelphia County. T I ?i 4. In the case of Dulaney v. Consolidated Rail Corporation 715 A.2d 1217 (Pa.Super. 1998), the Pennsylvania Superior Court upheld a transfer of a matter from Philadelphia to Butler County on facts essentially identical to the matter at hand. 5. The court in Dulaney had no difficulty readily deciding the inconvenience that was inherent in a Philadelphia County trial based on the fact that the plaintiff and all witness were located in Ohio, Western Virginia or Western Pennsylvania. The Superior Court made this decision in the light and guidance of Cheeseman v. Lethal Exterminator. Inc. et al, 549 Pa. 200 (Pa. 1997) which requires the defendant to show that the plaintiffs' forum is oppressive or vexatious to the defendant. 6. The filing in Philadelphia County of this and dozens of identical outside- Philadelphia County matters against the defendant, has proven to be vexatious and oppressive. 7. The convenience of all witnesses would be greatly enhanced if this matter were transferred to the Cumberland County Court of Common Pleas. 8. As reflected in the caption in the Complaint, the plaintiffs address is 2437 Lobach Drive, Mechanicsburg, PA 17005, located in Cumberland County. (See Exhibit "A"). 9. At all relevant times to this action, up until the present, the plaintiffs address has been at this Cumberland County address. (See Exhibit "A".) 10. The vehicle was purchased at Cumberland Valley Motors of Carlisle, a/k/a CVM of Carlisle a/k/a Carlisle Chrysler Jeep, 1119 Harrisburg Pike, Carlisle, PA 17013, which is located in Cumberland County. 11. The service and repairs to the plaintiffs vehicle occurred at Carlisle Chrysler Jeep, located in Cumberland County. (See the exhibits to plaintiffs Complaint attached hereto as Exhibit "A".) 2 w ? 12. The service manager, service advisors and/or service technicians who worked on the plaintiffs vehicle are important witnesses regarding the issue of whether the vehicle was repaired in accordance with the alleged terms of the warranty. These witnesses are employees of Carlisle Chrysler Jeep. To require their attendance at interviews, depositions, arbitration and/or trial in another county far removed from their place of employment would burden the independent dealership and damage their efforts to handle the service and repair needs of other customers. 13. All records, contracts, repair orders and technician's notes generated at the time of service of this vehicle are located at and are the property of Carlisle Chrysler Jeep. 14. Carlisle Chrysler Jeep is an independent dealership and their records and employees are not under the control of DaimlerChrysler Corporation. 15. Pursuant to Pa.R.C.P. 1006(d)(1), this Honorable Court may: For the convenience of parties and witnesses, the court upon petition of any party may transfer an action to the appropriate court of another county where the action could have originally been brought. Pa.R. C.P. 1006(d)(1). 16. Moreover, while the plaintiffs choice of forum is entitled to weight, a Petition to Transfer Venue may be granted if the plaintiff chosen forum is oppressive or vexatious to the defendant. Cheeseman v. Lethal Exterminator, Inc. et al., 549 Pa. 200 (Pa. 1997). 17. Moreover, pursuant to Cheeseman, a defendant is entitled to a transfer of venue by showing that "trial in another county would provide easier access to witnesses or other sources of proof, or the ability to conduct a view of the premises involved in the dispute." Id. 18. Trial of this matter in Philadelphia is inconvenient to all of the key fact witnesses as well as the defendant in this matter. Furthermore, the pattern of repeat filings in Philadelphia 3 1 J 4 ? County of similar cases with no relationship to Philadelphia has proven to be oppressive and vexatious in its effect. 19. As set forth above, the arbitration and trial of this matter in Cumberland County would provide easier access to all the sources of proof both documentary and testimonial as contemplated by the Pennsylvania Supreme Court in Cheeseman, Id. 20. There is no contact that this matter has with the City or County of Philadelphia. Given the absence of any important connection between the County of Philadelphia and the location of all relevant evidence and witnesses in Cumberland County or other such far removed counties, together with the burden that would be imposed on witnesses, the institution of this suit in Philadelphia County is vexatious, oppressive, prejudicial and unduly burdensome. WHEREFORE, petitioning defendant, DaimlerChrysler Corporation, respectfully requests this Honorable Court to enter an Order in the form attached hereto and transfer the instant matter for forum non conveniens to the Court of Common Pleas for Cumberland County. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN By: DAV ZAP, ESQUIRE Attorney for Defendant, DaimlerChrysler Corporation 4 1 ' MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: David P. Czap, Esquire Attorney for Defendant, Attorney I.D: 81792 DaimlerChrysler Corporation 1845 Walnut Street Philadelphia, PA 19103 (215) 575-2784 RONALD JONES COURT OF COMMON PLEAS PHILADELPHIA COUNTY V. : JUNE TERM, 2005 DAIMLERCHRYSLER CORPORATION NO. 1337 MEMORANDUM OF LAW IN SUPPORT OF PETITION OF DEFENDANT, DAIMLERCHRYSLER CORPORATION TO TRANSFER VENUE FOR FORUM NON CONVENIENS Defendant, DaimlerChrysler Corporation, by and through its attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, hereby petitions this Honorable Court for an Order transferring this matter for forum non conveniens to the Court of Common Pleas of Cumberland County, and in support, submits this petition. 1. STATEMENT OF FACTS: This lawsuit was initiated by the plaintiff, who, at all times relevant to this action, had an address of 2437 Lobach Drive, Mechanicsburg, PA 17055, located in Cumberland County. This suit involves the lease and repairs to a 2003 Chrysler Sebring at Carlisle Chrysler Jeep, which is also located in Cumberland County. This dealership is an independent dealership with no corporate, financial, management or employee ties to DaimlerChrysler Corporation. At issue in this case are repairs made to this vehicle by Carlisle Chrysler Jeep, allegedly under a warranty extended by DaimlerChrysler Corporation. This vehicle has been continuously maintained and operated in Cumberland County. DaimlerChrysler has no employees or representatives in t ?a r Philadelphia that are familiar with the facts of this case. The documentary evidence with regard to the sale, service and repair of the vehicle is located in Cumberland County, as are relevant witnesses. DaimlerChrysler Corporation does not maintain any documents, offices or employees in Philadelphia County. There is no relationship between the facts and allegations of this lawsuit and Philadelphia County. As set forth in Defendant's Petition, arbitration and trial of this matter would be extremely inconvenient to the material witnesses and is vexatious and oppressive to defendant. II. LEGAL ARGUMENT: Generally, although the right of a plaintiff to choose the forum in which he brings suit is accorded important consideration, it is not absolute. McReynolds v. Benner Township, 118 Pa. Cmwlth. 215, 544 A.2d 566, (1988); allocatur denied at 581 A.2d 575; See also Ernest v. Fox Pool Cora., 341 Pa. Super. 71, 491 A.2d 154 (1985). In fact, the Pennsylvania Rules of Civil Procedure expressly permit a change in venue where venue is either technically improper in the county where suit is brought, or where it would be inconvenient to the parties, witnesses and the court, to try the case in plaintiffs choice of forum. Specifically, Pennsylvania Rule of Civil Procedure 1006(d)(1) provides in pertinent part: "For the convenience of parties and witnesses, the court upon Petition of any party, may transfer an action to the appropriate court of any other county where the action could have originally been brought." Pa.R.C.P. 1006(d)(1). Therefore, under Pennsylvania Rule of Civil Procedure 1006(d)(1), venue may, out of convenience to the litigants, be changed to a court located in another county, where venue is also proper. The Superior Court has recognized that the doctrine of forum non conveniens serves the essential purpose of "provid[ing] the court with a means of looking beyond technical considerations such as jurisdiction and venue to determine whether litigation in the plaintiffs' 2 1 ' J chosen forum would serve the interest of justice under the particular circumstances." Alford v. Philadelphia Coca Cola Bottling, 366 Pa. Super. 510, 513, 531 A.2d 792, 794 (1987). In fact, the doctrine of forum non conveniens is necessary to counterbalance Pennsylvania's "liberalized venue rules," which enables a plaintiff to have a choice of more than one forum in which to bring suit. Vogel v. Nat'l R.R. Passenger Corp., 370 Pa. Super. 315, 536 A.2d 422, 425 (1988) (quoting Ernest v. Fox Pool Corp., 341 Pa. Super. 71, 75, 491 A.2d 154, 156 (1985)). Further, Pennsylvania Rule of Civil Procedure 1006(d)(1) gives trial courts wide discretion in deciding "whether to grant the petition for change of venue." Brown v. Delaware Valley Transplant Pro ram, 371 Pa. Super. 583, 586, 538 A.2d 889, 891 (1988) (quoting Fox v. Pennsylvania Power & Light Co., 315 Pa. Super. 79, 81, 461 A.2d 805, 806 (1983)); McReynolds v. Benner Township, 118 Pa. Commw. 215, 544 A.2d 566 (1988). The Pennsylvania Supreme Court recently addressed the issue of forum non conveniens in the matter of Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156 (Pa. 1997). In Cheeseman, the Pennsylvania Supreme Court reiterated that the standard for a Petition to Transfer Venue based on the doctrine of forum non conveniens is that the instant forum is oppressive or vexatious. Id. The Supreme Court then stated, however, that the defendant could meet this burden by showing that another county "would provide easier access to witnesses or other sources of proof." Id. at page 213. In following the Cheeseman guidelines, the Superior Court, in Dulaney v. Consolidated Rail Corporation 715 A.2d 1217 (Pa.Super. 1998), granted a Petition to Transfer Venue from Philadelphia County to Butler County. The facts in Dulaney showed that an accident occurred in Ohio, and the plaintiff, all the witnesses and all the medical providers were located in Ohio, West Virginia or Western Pennsylvania, however, the plaintiff filed suit in Philadelphia County. The 3 t court, citing Cheeseman, noted that a "petition to transfer venue will not be granted unless the defendant meets its burden of demonstrating, with detailed information on the record, that the plaintiffs chosen forum is oppressive or vexatious to the defendant." Dulanev at 1219 citing Cheeseman at 213. However, the Superior Court held as follows: In its petition to transfer venue, Conrail presented facts showing that the accident occurred in Ohio and that the appellant and all of the witnesses lived in Ohio, West Virginia or Western Pennsylvania. Additionally, all of appellant's medical providers were located in Ohio, West Virginia or Western Pennsylvania. The only connection to Philadelphia County is that Conrail conducts businesses in Philadelphia County... Thus the facts show that Conrail has demonstrated that a trial in appellant's chosen forum would have been oppressive and that trial in Butler County would be more convenient because of easier access to all of the witnesses and other sources of proof. Dulanev at 1219. The court concluded: "[T]he trial court did not abuse its discretion when it granted Conrail's petition to transfer venue based on forum non conveniens." Id. The same situation exists in the instant case, trial in Philadelphia County would be oppressive and Cumberland County would be more convenient because of easier access to all the witnesses and all the sources of proof. Dulanev at 1219. As stated, the Delaney case is on point with the case at hand. The plaintiff in the instant matter is located in Cumberland County. The dealership where the repairs were performed together with all the relevant witnesses are located in Cumberland County. To hold a trial in Philadelphia County when it bears no relationship whatsoever to the case at hand, would be vexatious and oppressive. A trial in Cumberland County however, would be more convenient because of easier access to all the witnesses and all the sources of proof. 4 'r r f DaimlerChrysler Corporation does not maintain any business offices, employees or records in Philadelphia County. All repairs were performed al. dealerships located in Cumberland County. The service manager and technicians who performed the repairs and test drove the vehicle are dealership employees. To require them to unnecessarily travel to Philadelphia for pretrial interviews and depositions as well as arbitration and trial would be oppressive and inconvenient. In this case, the sales personnel who sold the vehicle to the plaintiffs are employees of an independently owned and operated dealership located in Cumberland County. These employees would have been responsible for explaining the terms and conditions of DaimlerChrysler's warranty at the time of sale, and assisting in the execution of sales and financing documentation, and most importantly, servicing the vehicle. Records involving the vehicle in this lawsuit including all sales and financing documents, warranty repair orders, and technician notes regarding repair procedures are generated, maintained and owned by a dealership located in Cumberland County. This dealership's documents are the primary documentary proof in warranty litigation such as this. These records and notes are not maintained, controlled or owned by DaimlerChrysler Corporation. Requiring DaimlerChrysler to defend this case in Philadelphia would have an adverse impact on both DaimlerChrysler Corporation's operations as well as the operation of the selling and servicing dealerships. Requiring a Cumberland County dealership's sales and service personnel to attend depositions, arbitrations and trial, as well as to be interviewed by DaimlerChrysler's attorneys defending this case in Philadelphia, would have an adverse effect on customers that rely on these technicians and sales force at Carlisle Chrysler Jeep. 5 f ' 't In the recent Opinion of the Pennsylvania Superior Court in the case of Techtmann v. Howie, 1997 W.L. 194455 (Pa. Super.), the Superior Court upheld the trial court's grant of a change of venue based on forum non conveniens from Philadelphia County to Bucks County. The Techtmann case involved an accident that occurred in Bucks County, Pennsylvania. A review of the records informed the Superior Court that there were very few connections to Philadelphia County that justified the institution of the suit there. The Superior Court noted that the defendant, the operator of the hydraulic lift on the day of the accident, as well as one of the eyewitnesses to the accident, were Philadelphia residents. In addition, the plaintiff received some medical care at a Philadelphia hospital. Further, some of the defendants regularly conducted business in Philadelphia. Despite this information, however, the Superior Court held that these factors were not compelling in light of the significant amount of connections that the case had with Bucks County. By contrast, in the instant case, there are absolutely no connections whatsoever to Philadelphia County. Furthermore, in McReynolds v. Benner Township, 118 Pa. Cmwlth. 215, 454 A.2d 566 (1988); allocatur denied at 581 A.2d 575, the Commonwealth Court upheld a transfer from Philadelphia County to Centre County. The McRe ii l s court concluded that the fact that "practically all the sources of proof are located in Centre County" satisfy both the standard of oppressiveness and vexation that justified transfer, and the alternative standard of administrative and legal problems noted above. 544 A.2d at 567, 568. See also Fox v. Pennsylvania Power & Li ham, 315 Pa. Super. 79, 461 A.2d 805, 806 (1985) (only connection between case in Philadelphia County is location of one office of one defendant there, justifying transfer to Centre County.) 6 r ,t It is clear from the records set forth above that the trial of the instant matter in Philadelphia County is both oppressive and vexatious to petitioning defendant. This case is only one of many hundreds being brought in Philadelphia County by plaintiffs' law firm regarding allegations that have nothing to do with Philadelphia County and arise and exist completely in Cumberland County or other counties far removed from Philadelphia. The net, result both individually and taken as a whole, impacts negatively on defendant's corporate operations and its ability to defend individual lawsuits. DaimlerChrysler should not have to repeatedly chose between disrupting its operations or producing evidence and witnesses in Philadelphia that could be much more conveniently produced in the county where the incident in question occurred. Given the fact that this case is being pursued in Philadelphia at what must clearly be an inconvenience to this Cumberland County plaintiff, the conclusion that the litigation is vexatious is clear. As stated by the Supreme Court of Pennsylvania in the Cheeseman decision, "...the defendant may meet its burden of showing that the plaintiffs' choice of forum is vexatious to him by establishing facts on the record that the plaintiffs' choice of' forum was designed to harass the defendant, even at some inconvenience to the plaintiff himself." Cheeseman, supra, 549 Pa. 200 at p. 213. For the plaintiff to travel approximately two hours to pursue litigation in an unrelated county which is clearly burdensome to the defendant is a precise ground that the Supreme Court has approved as a basis for transfer. The Supreme Court in Cheeseman also stated that "Alternatively, the defendant may meet his burden by establishing on the record that trial in the chosen forum is oppressive to him; for instance, that trial in another county would provide easier access to witnesses or other sources of proof, or the ability to conduct a view of the premises involved in the dispute. Cheeseman, Id. at p. 213. 7 I ' S f It is clear that trial in Philadelphia is not only inconvenient but it is ultimately oppressive to DaimlerChrysler's defense as well as its operations. To require witnesses, personnel and documents, to be transported approximately two hours by car for depositions, arbitrations, and/or trial, is a clear burden which has become oppressive. To require dealership and DaimlerChrysler personnel to be away from their responsibilities for extended periods of time directly impacts on the ability of DaimlerChrysler and the dealership to sell, service and repair vehicles. While adjudicating one customer's complaint other customers unnecessarily go unattended. The easier access to witnesses and sources of proof that exist in Cumberland County or other counties far away from Philadelphia County, as well as the ability to conduct a view/inspection of the vehicle in question, clearly militates in favor of transfer of this matter to Cumberland County. In addition, the issue of convenience, as established in this case, is the second alternative ground set forth by the Supreme Court in Cheeseman as justification for transfer. Pursuant to the standard set forth by the Pennsylvania Supreme Court in Cheeseman, Petitioning Defendant has established that the trial of this matter in Cumberland County would provide easier access to sources of proof and witnesses. Moreover, Philadelphia County has no relevant connections to the resolution in the instant matter. WHEREFORE, Petitioning Defendant, DaimlerChrysler Corporation, respectfully requests this Honorable Court to enter an Order in the form attached hereto and transfer this matter to the Court of Common Pleas of Cumberland County. MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN By: DAV _ AP, E .......... Attorney for Defendant, DaimlerChrysler Corporation 8 I J VERIFICATION David P. Czap, Esquire, hereby states that he is attorney for DaimlerChrysler Corporation, defendant herein, and verifies that the statements made in the foregoing Petition of Defendant, DaimlerChrysler Corporation, to Transfer Venue for Forum Non Conveniens are true and correct to the best of his knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unworn falsification to authorities. k ? i DAVID P. CZAP, ESQUIRE ?? CERTIFICATE OF SERVICE I, David P. Czap, Esquire, hereby certify that I am attorney for the defendant, DaimlerChrysler Corporation, in the within action; that I am duly authorized to make this certification; and that on the ??day of August, 2005, 1 did cause a true and correct copy of Petition of Defendant, DaimlerChrysler Corporation, to Transfer Venue for Forum Non Conveniens Pursuant to Pa.R.C.P. 1006(d)(1) to be forwarded by first-class U.S. Mail to counsel, addressed as follows: Robert M. Silverman, Esquire Kimmel & Silverman 30 East Butler Pike Ambler, PA 19002 MARSHALL, DENNEHEY, WARNER, COLEMAN AND GOGGIN By: DAV P. ZAP, ESQ Attorney for Defendant, DaimlerChrysler Corporation ?xti b,r ?" Court of Common Pleas of Philadelphia County For Protbonotary Use Only (Docket Number) -1 Trial Division Civil Cover Sheet = Wit. } PLAINTIFF'S NAME Ronald Jones DEFENDANTS NAME DaimlerChrysler Corporation PLAINTIFF'S ADDRESS 2437 L.obach Drive DEFENDANT'S ADDRESS c/o CT Corporation Mechanicsburg, PA 17055 1515 Market Street, Suite 1210 Philadelphia, PA 19103 PLAINTIFF'S NAME DEFENDANTS NAME PLAINTIFFS ADDRESS DEFENDANTS ADDRESS PLAINTIFF'S NAM DEFENDANT'S NAME E PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL NO OF DEFENDANTS COMMENCEMENT OF ACTION 1 1 1 ® Complaint ? Petition Action ? Notice of Appeal ? Writ of Summons ? Transfer From Other Jurisdictions AMOUNT IN CONTROVERSY COURT PROGRAMS ? $50,000.00 or less ® Arbitration ? Mass Tort ? Commerce ? Settlement ? More than $50,000.00 ? Jury ? Savings Action ? Minor Court Appeal ? Minors ? Non-Jury ? Petition ? Statutory Appeals ? W/D/Survival ? Other: CASE TYPE AND CODE (SEE INSTRUCTIONS) 10 - Contract - Other STATUTORY BASIS FOR CAUSE OF ACTION (SEE INSTRUCTIONS) RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER) IS CASE SUBJECT TO COORDINATION ORDER? Yes No ? ? ? ? TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at the address set forth below. NAME OF PLAINTIFF'SIPETITIONER'S/APPELLANT'S ATTORNEY ADDRESS (SEE INSTRUCTIONS) Robert M. Silverman Kimmel & Silverman, P.C. t B tl Pik 30 E PHONE NUMBER FAX NUMBER u er e as (215) 540-8888 (215) 540-8817 Ambler, PA 19002 SUPRE COURT IDENTIFICATION NO. E-MAILADDRESS 55 14 rsilverman@lemonlatAr.com SIGNA E DATE June 14, 2005 Robert M. Silverman, Esquire Identification No. 55914 Robert A. Rapkin, Esquire Hentification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 RONALD JONES t( 2437 Lobach Drive FEB i add Mechanicsburg, PA 17055 vriiimo_„ v. DAIMLERCHRYSLER CORPORATION c/o CT Corporation 1515 Market Street Suite 1210 Philadelphia, PA 19103 ATTORNEYS FOR PLAINTIFF THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS REQUESTED. COURT OF COMMON PLEAS PHILADELPHIA COUNTY CIVIL ACTION f^,- NOTICE TO DEFEND CODE: 1900 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 attorney and filing 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 judgment 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 property 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. f. m PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL & INFORMATION SERVICE.' ONE READING CENTER PHILADELPHIA, PA 19107 TELEPHONE: 215-238-1701 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas de estas demandas expuestas an las paginas signientes, usted tiene veinte (20) dias de plazo al partir de is fecha de la demanda y is notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en fonna escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, le corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas ]as provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL ONE READING CENTER FILADELFIA, PA 19107 TELEFONO: 215-238-1701 Robert M. Silverman, Esquire Identification No. 55914 Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 RONALDJONES 2437 Lobach Drive Mechanicsburg, PA 17055 ATTORNEYS FOR PLAINTIFF THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS REQUESTED. COURT OF COMMON PLEAS PHILADELPHIA COUNTY V. DAIMLERCHRYSLER CORPORATION c/o CT Corporation 1515 Market Street Suite 1210 Philadelphia, PA 19103 CIVIL ACTION COMPLAINT CODE: 1900 1. Plaintiff, Ronald Jones, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, 2437 Lobach Drive, Mechanicsburg, PA 17055. 2. Defendant, DaimlerChrysler Corporation, is a corporation qualified to do and regularly conduct business in the Commonwealth of Pennsylvania, with its address and principal place of business located at 12000 Chrysler Drive, Highland Park, Michigan 48288-1919, and can be served at c/o CT Corporation, 1515 Market Street, Suite 1210, Philadelphia, PA 19103. BACKGROUND 3. On or about June 16, 2003, Plaintiff purchased a new Chrysler-Sebring, manufactured 4-- and warranted by Defendant, bearing the Vehicle Identification Number 1 C3EL46X73N559694. 4. The vehicle was purchased in the Commonwealth of Pennsylvania and is registered in the Commonwealth of Pennsylvania. 5. The contract price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified, yet defined by the Lemon Law, totaled more than $18,920.00. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit "A". 6. In consideration for the purchase of said vehicle, Defendant issued to Plaintiff several warranties, guarantees, affirmations or undertakings with respect to the material or workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the promised specifications. 7. The above-referenced warranties, guarantees, affirmations or undertakings are/were part of the basis of the bargain between Defendant and Plaintiff. 8. The parties' bargain includes an express 3-year / 36,000 mile warranty, as well as other guarantees, affirmations and undertakings as stated in Defendant's warranty materials and owner's manual. 9. However, as a result of the ineffective repair attempts made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to Plaintiff. 10. Plaintiff has or may have resorted to Defendant's informal dispute settlement procedure, to the extent said procedure complies with 16 CFR 703. 11. Plaintiff avers that the Federal Trade Commission (FTC) has determined that no automobile manufacturer complies with 16 CFR 703. See, Fed. Reg. 15636, Vol. 62, No. 63 (Apr. 2, 1997). COUNTI PENNSYLVANIA AUTOMOBILE LEMON LAW 12. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 13. Plaintiff is a "Purchaser" as defined by 73 P.S. §1952. 14. Defendant is a "Manufacturer" as defined by 73 P. S. §1952. . 15. Cumberland Valley Motors is and/or was at the time of sale a Motor Vehicle Dealer in the business of buying, selling, and/or exchanging vehicles as defined by 73 P.S. § 1952. 16. On or about June 16, 2003, Plaintiff took possession of the above mentioned vehicle and experienced nonconformities as defined by 73 P.S § 1951 et seq., which substantially impair the use, value and/or safety of the vehicle. 17. The nonconformities described violate the express written warranties issued to Plaintiff by Defendant. 18. Section 1955 of the Pennsylvania Automobile Lemon Law provides: If a manufacturer fails to repair or correct a nonconformity after a reasonable number of attempts, the manufacturer shall, at the option of the purchaser, replace the motor vehicle... or accept return of the vehicle from the purchaser, and refund to the purchaser the full purchase price, including all collateral charges, less a reasonable allowance for the purchasers use of the vehicle, not exceeding $.10 per mile driven or 10% of the purchase price of the vehicle, whichever is less. 19. Section 1956 of the Pennsylvania Automobile Lemon Law provides a presumption of a reasonable number of repair attempts if (1) The same nonconformity has been subject to repair three times by the manufacturer, its agents or authorized dealers and the nonconformity still exists; or (2) The vehicle is out-of-service by reason of any nonconformity for a cumulative total of thirty or more calendar days. 20. Plaintiff has satisfied the above definition as the vehicle has been subject to repair more than three (3) times for the same nonconformity, and the nonconformity remained uncorrected. 21. In addition, the above vehicle has or will be out-of-service by reason of the nonconformities complained of for a cumulative total of thirty (30) or more calendar days. 22. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the Defendant on numerous occasions as outlined below. 23. After a reasonable number of attempts, Defendant was unable to repair the nonconformities. 24. During the first 12 months and/or 12,000 miles, Plaintiff complained on at least three (3) occasions about defects and or non-conformities to the following vehicle components: Front Alignment, Transmission, Seat Belts, Windows, Steering System, Front Suspension, Tires and Brakes. True and correct copies of all invoices in Plaintiff possession are attached hereto, made a part hereof, and marked Exhibit "B". 25. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide or maintain itemized statements as required by 73 P.S. § 1957. 26. Plaintiff avers that such itemized statements, which were not provided as required by 73 P.S. § 1957 also include technicians' notes of diagnostic procedures and repairs, and Defendant's Technical Service Bulletins relating to this vehicle. 27. Plaintiff avers the vehicle has been subject to additional repair attempts for defects and conditions for which Defendant's warranty dealer did not provide the notification required by 73 P.S. § 1957. 28. Plaintiff has and will continue to suffer damages due to Defendant's failure to comply with the provisions of 73 P.S. §§ 1954 (repair obligations), 1955 (manufacturer's duty for refund or replacement), and 1957 (itemized statements required). 29. Pursuant to 73 P.S. § 1958, Plaintiff seeks relief for losses due to the vehicle's nonconformities, including the award of reasonable attorneys' fees and all court costs. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, attorneys' fees, and court costs. COUNT II MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT 30. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 31. Plaintiff is a "Consumer" as defined by 15 U.S.C. §2301(3). 32. Defendant is a "supplier", "warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4),(5) and (8). 33. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 34. By the terms of its written warranties, affirmations, promises, or service contracts, Defendant agreed to perform effective repairs at no charge for parts and/or labor. 35. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all warranties implied by state lave. Said warranties are imposed on all transactions in the state in which the vehicle was delivered. 36. Defendant has made attempts on several occasions to comply with the terms of its express warranties; however, such repair attempts have been ineffective. 37. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) 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. 38. Plaintiff has afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 39. 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. 40. Defendant's failure is a breach of Defendant's contractual and statutory obligations constituting a violation of the Magnuson-Moss Warranty Improvement Act, including but not limited to: breach of express warranties; breach of implied warranty of merchantability; breach of implied warranty of fitness for a particular purpose; breach of contract; and constitutes an Unfair Trade Practice. 41. Plaintiff avers Defendant's Dispute Resolution Program is not in compliance with 16 CFR 703 by the FTC for the period of time this claim was submitted. 42. Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim herein, all attorney fees are recoverable and are demanded against Defendant. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential damages, reasonable attorneys' fees, and all court costs. COUNT III PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 43. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 44. Plaintiff is a "Person" as defined by 73 P.S. §201-2(2). 45. Defendant is a "Person" as defined by 73 P.S. §201-2(2). 46. Section 201-9.2(a) of the Act authorizes a private cause of action for any person "who purchases or leases goods or services primarily for personal, family or household purposes." 47. Section 1961 of the Pennsylvania Automobile Lemon Law, provides that a violation of its provisions shall automatically constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. 201-1 et seg. 48. In addition, the Pennsylvania Unfair Trade Practices and Consumer Protection Act, 73 P.S. §201-2(4), defines "unfair or deceptive acts or practices" to include the following conduct. (vii). Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another; (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; (xv). Knowingly misrepresenting that services, replacements or repairs are needed if they are not needed; (xvi). Making repairs, improvements or replacements on tangible, real or personal property of a nature or quality inferior to or below the standard of that agreed to in writing; (xvii). Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding. 49. Plaintiff avers Defendant has violated these, as well as other provisions, of 73 P.S. §201- 2 et seg. 50. Section 201-3.1 of the Act provides that the Automotive Industry Trade Practice rules and regulations adopted by the Attorney General for the enforcement of this Act shall constitute additional violations of the Act. 51. Defendant's conduct surrounding the sale and servicing of the subject vehicle falls within the aforementioned definitions of "unfair or deceptive acts or practices." 52. The Act also authorizes the Court, in its discretion, to award up to three (3) times the actual damages sustained for violations. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount not in excess of Fifty Thousand Dollars ($50,000.00), together with all collateral charges, attorneys' fees, all court costs and treble damages. & SILVERMAN, P.C. By: ROBE AT M. SILVERMAN, ESQUIRE Attorney for Plaintiff 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 V E R I F I C A T I O N Robert M. Silverman, states that he is the attorney for the Plaintiff herein; that he is acquainted with the facts set forth in the foregoing Complaint; that same are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsificatiorHto authorities. ROBERT M. S ,VERMAN, ESQUIRE Attorney for Plaintiff HURAL F JONES UAIt?? ? r (` J f r1C ?nIL DV INV- .N - + PUFF 1 ?CMM M 19NES SA P. T YSLIE I - ' CHRSLE CY , STREET ~ NOO, SIR . JEEP C M f CR S CIT CTY STATE ZIP V o UI LE E l • ECHANI SBURG 1 I i, 17055 1119 HARRISBURG PIKE •CARILISLE,PA.17013 HOJE.?yn l i1 1697-g?? BUS. PHONE SOURCE (717) 243-3525 • (800) 354-4967 www.cvmofcarlisle.com ., SOC SEC #1 SOC $EC p2 207-38-581.8 188-40-6168 , 1ja g g VEHICLE EING - - ORDERED TANK- ,. ,. , .- AMT PLEASE ENTER NEW M(CAR E] TRUCK E] DEMO MDERS rr 1 FIR ST C R Il T 1? ( $ MY ORDER FOR [-] USED (PRIOR USE: ) ADDRESS ADDRESS TERMS YEAR MAKE MODEL (MOS.) CITY STATE ZIP k1 CHAR S ?lR - 8 f w BODY TRANS COLOR TRIM . c - i • DATA MILEAGE < SERIAL NO. BANK ` ' PHONE N/ STOCK # AXL ES/GVW a O CYL KEY NO A N/A- 4012 . . DATE 1 . ADDRESS I N SVC DATE N WARRANTY: WACTORY ? DEALER ? WARRANTY 06/16 CITY STATE - - ZIP - THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT . INFORMATION.Ot' THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTW. T,OF SALE. .._ ;,.... AMOUNT - PER $ GOOD _ . . .: . ,: $ DIEM- UNTIL' BEING VEHICLE ? ! VERI DATE A/C'NO: REGISTERED OWNER(S) - .,. BY ., ... INSURANCE DATA YEAR MAKE MODEL 4 INSURANCE CC- PHONE BO TRANS. G - AGENT - LIC #1 P, MIL G RIAL NO. STOCK-NO. '. - ADDRESS OF AGENT LIC #2 EXP. TITL L A G NO. A 501 4 5788587 TY TAT ZIP 1 DATE O F B IR T H 1 • - DEAL _,A 1 ZQ 13 POLICY NO. ? ? ? y L/ ?? DATE OF BIRTH 2? BASE UNIT PRICE (INCLUDES FREIGHT, DEALER APA 0000947 [ad A PREPARATION.& CLEAN-UP.) $ POLICY- - - - - FACTORY. - DATES: EFFECTIVE EXPIRE OPTIONS: REBATE 00 VERIFIED BY - TIME DATE. 'I r TYPE OF COVERAGE: ? / ,BODILY COLLISION: $ -i?-f-A (DEDUCTIBLE) INJURY $ COMPREHENSIVE: $ j" (DEDUCTIBLE) - - DAMAGE $ USE OF VEHICLE .. BUSINESS _ ? PLEASURE [] . BOTH DEALER INSTALLED VEHICLE ? ABS ? PASSIVE RESTRAINTS ? OPTIONS: SAFETY FEATURES: ?AIR`BAG- E] THEFT ALARM - El W El R ?• OA ACV The front and back of this Order comprise the entire agreement affecting thi h o s purc ase and no ther agreement or understanding of any ' nature concerning same has been made or entered into, or will be recognized. 1 have read the matter printed on the back hereof and agree to it as a part of thisorder the same as if it were-printed above my signature. certify that I am of legal age, and hereby acknowledge receipt ot'a copy of' this ordei. THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTED BY DEALER OR HIS AUTHORIZED REPRESENTATIVE AND SUBTOTAL $ IN THE EVENT OF A TIME SALE, DEALER SHALL NOT BE OBLIGATED LESS TRADE-IN ALLOWANCE i5920 00 TO SELL UNTIL APPROVAL OF THE TERMS HEREOF IS GIVEN BY A (GOOD FOR 10 DAYS ONLY) BANK OR FINANCE COMPANY WILLING TO PURCHASE A RETAIL O INSTALLMENT CONTRACT BETWEEN THE PARTIES HERE TAXABLE AMOUNT 2420 $ w 0 TO BASED ON SUCH TERMS. PTA TAX $ Fu th I h , INCLUDED WISALESWO 13500 00 r ermore, agree t at the above described vehicle being traded is subject AT RIGHT, IF APPLICABLE. SALES TAX to reappraisal at the time of delivery and if if has accrued excessive mileage, ff d e r 815 00 su ere mechanical d terio ation; or it parts/accessories have been replaced TITLE PREPARATION 65 (including tires), this reappraisal may alter the trade-in allowance as shown here. 1 agree to be held liable if the lien payoff amount shown above is not confirmed REG. FEES: TEMP:, TRANSFER, UPGRADE by the participating bank. 3 In the event of cancellation or breach of this agreement by the buyer(s), the PAY-OFF AMOUNT (DUE ON TRADE) dealer shalt be entitled to retain as liquidated damages, the sum of $ SERVICE (INCLUDING / Buyer has read and ackn f{ dges all of the above provisions. AGREEMENT ALES TAX) bu J j TOTAL E $ PLAINTI 'S PARTIAL PAYMENT (REFUNDABLE AT OPTION L `J I, 9 10) ? EXHI 1 DATE t _ OF DEALER) CASH ON DELIVERY j rrl ¢ y DATE r AMOUNT FINANCED $ 30GIO 00 < ._r ,.z? ? f DATEfF /1 /ctZ Jeep 11 ISIOMERNO Q _ ADVfSOR 7$64 LAN - RONALD F JONES 2437 LOBACH DR MECHANICSBURG, PA 17055 Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17413 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofcarlisle.com SOS/8 AGE rrn no. N CHCS67107 STOCK NO VEHICLE 1.0. NO. 1 C 3 E L 4 6 X 7 3 N 5 5 9 6 9 4 T, E. NO _ _ P O NO. ?""M Owner _Re ue t d # DISCLAIMER OF WARRANTIES . q s e . FIRST SERVICE The only warranties, if any, applying ROUTINE MAINT. PERFORM LUBE OIL AND FILTER the part(s) and/or service are tho: offered by the manufacturer. The sellir PARTS- JOB #1 QTY -FP=NUMBER ---DESCRIPTION------- 1 --LIST PRICE-UNIT PRICE- deafer hereby expressly disclaims - JOB # 1 PK409 FILTER/OIL 5 OIL I?fFERNAL warranties, either expressed or implies JOB # I CASTROL Q 1 4105409 FILTER OI 9057006 including any implied warranties c INFERNAL_ INTERNAL- merchantability or fitness for a particule JOB # i TOTAL PARTS 0.00 purpose, and neither assumes nor authc - ' JOB # - - I TOTAL` LABOR 8 PARTS 0 00 riles any other person to assume for ? - - - - - -- - - - - - - - - - - _ _ _ _ _ _ _ _ _ -` 7T --------- _ any liability in connection with the sale c ? . - CLIENT (STATES ttt?_ this part(s) and/or service. Buyer sha VEHICLE STILL PULLS TO THE RIGHT, SEE HISTORY' not be entitled to recover from the sellin, WE X ROTATED TIRES LAST VISIT 7/9/03 STILL HAS A PULL dealer any consequential damages PULLS TO RIGHT A E R damages to property damages for los! LIGN D F ONT END OK AT THIS TIME , of use, loss of time loss of profits o PARTS - - - - Qfy---- FP.NUHBEP- ??- ?13II?ZIQI?-------- tr -LI E-UNIT- - TOTAL PARTS , , income, or any other incidental damages 0.00 V PARTS _ . -P- _ 2 TAL LAB 8t PARTS 0.00 f --- r 1#. R-Tr'N7f1# 3 ?i D74s-?Ix?r n rn on S -- - "y' - ------------ ,, " 'z'.c" - '.- •t °?a`z,?` :L1gl tiRP?f ,P ORM PENNSYLVANIA STAT INSPECTION } ,;TI WS I0/32 ALL 4`? -- - ---? E f € 'BRAKES L/F`1fI7_B. R/R . B j ; VEHICLE, PASSED PAS STAINSPECTION PARTS-- QTY EP NUMBER-- _ -DESCRIPT,ION---------LIST PRIDE UNIT:P& JOB 3 TOTAL 0.00 o ? h JOB # 3"f0 LABOR &TARfT) 0.00 - --- - ------------- J# 4 t1`?C}fZ KI?M u W:R C LIENT STATES INTERMITENTLY-SURGES'4b "51 U PCM UP DATE REPROGRAM-TRANSMISSION CONTROL MODULE Z _ w PARTS = QT-Y----FP-NUMBER--- - DESCRIPTION- -_--=--LIST-PRICE-UNIT PRICE JOB # 4'TOTAL PARTS 0.00 E ,_,_-_ JOB # 4 TOTAL LABOR & PARTS 0.00 __ -- ---- MISC -- CODE ---- DESCRIPTION ---- - _ _-___-CONTROL NO-------- JOB # 1- 04HAZWASTE ENVIRONMENTAL DISPOSAL FEE JOB ,# 3' IN INSPECTION STICKER INTERNAL INTERNAL TOTAL MISC 0.00 COMMENTS -------- - -------------- F DROP, a PLAINTIFF'S W E PAGE -1 OF 2 to r w CUSTOMER GOPY T NEXT PAGE] 05-07pm a SF604388 (10101 __._ .... AQVISpR TAG RV T - - NO. V - -- - - J,EFFREY?:A; AYERS -- LABOR FATE LICENSE NO MILEAGE RONALD F JONES 56::00 6826- 2437 LOBACH DR .. r... YEAR / AIgV(E /MODEL ? - MECHANICSBURG, PA 17055 0?/CHRYSLER/SEBRING 4DR?SDI?f L7C ,ry F VEHICLE I D. no. 1 C 3 E L 4 6 x 7 3 N 5 5 9 6 9 4 F T-ENR P. O.;NO. W-W& ;PARTS _ u? OwnbrReqdested. ROUTINE, HINT. = PERFORM LUBE'OIL AND FILTER PARTS -.QTY.--FR-NUMBER - -'_------ - -DESCRIPTION'-- -----LIST PRICE-UNIT PRICE- JOB ,# 1 1 PK0905 090/0IL 14.60 .14.60 14.60 JOg_# 1 5281090-BA FILTER EN 9057006 ****** t*** JOB # 1. 5 OIL CASTROL Q *r**xi JOB # I TOTAL PARTS 14.6Q- JOB # 1 TOTAL LABOR & PARTS 25.45 435 _ - -- ----------- ---- --------- - CLIENT STATES DRIVER'S SIDE SEAT BELT CLIP FALL TO THE FLOOR PLEASE CORRECT CHECK AND VERIFIED CONCERN, RETAINING BUTTON MISSING FROM SEATBELT ORDERED NEW SEAT BELT, WILL CALL WHEN PART ARRIVES TO SET UP REPAIR PARTS--- --QW--F-P-tJIIMBE-p- ---- E-SCR --------- LjS UNI # 2 TOTA. ---- ------- --- } TAL LAB 1 E_ _ 'ARTS 0.00 a rPARTS 0.00 ---- ------ --- ----MWE 'C ~IENT_ ST WIND NOISE .?DDggIVER'S SIDE .14INDOWS ?IkOfU & REAR ' r CAV'STOP BY L RING'4tINaflW'?ti FRONT ? O?N?VY CH FOR VEKFIED NOISE_ VEN) P?L AND j TRIEQ?ITQ AD APE _ S/RE TOR AS Y. FOR` I SRI C112 MADE AT I a d- S TI, NO`AU NT?OR CONDITION" - AVAIL LML€ AT THIS TIME- - r- ???M?- ICE MANA6E€? FpRIDETEAILS??' ? N 1 L- PARTS --- QTt MBER DFSCR31 7 N --...ALT-SS ICE-UNIT W JOB # 3 TOTAL PARTS 0:00 U w JOB # 3 TOTAL LABOR & PARTS 0.00 a Owner Requested. w 6K SERVICE s PERFORM"TIRE ROTATION AS REQUIRED & CHECK/ADJUST TIRE P.S.I. PARTS QTY FP--NUMBER ' -- -DESCRIPTION- --- - LIST PRICE-UNIT PRICE= o JOB # 4 TOTAL PARTS 0.40 ` - JOB # 4 TOTAL LABOR`& PARTS 17.99 -- --- - - --- -- o MISC CODE DESCRIPTION -- ----------------- ------------ --------- `JOB # ?- 04HAZWASTE ENVIRONMENTAL DISPOSAL FEE CONTROL NO 0.50 - TOTAL MISC 0.50 a - PAGE j OF 2 CUS-COMER COPY [CONTINUED ON NEXT PAGE1 01:45pm Phone (717) 243-352- 1 (800) 354-4967 www.cvmofcarlisle.com INVOICE NO. 3< _ CHCS6838` .STOCK Nb. DISCLAIMER OF WARRANTIES The only warranties, if any, applying the part(s) and/or service are tho. offered by-the manufacturer. The sellil dealer hereby expressly disclaims . warranties, either expressed or implie including any implied warranties merchantability or fitness for a particul, purpose, and neither assumes nor auth, rizes any other person to assume for any liability in connection with the sale this part(s) and/or service. Buyer shy not be entitled to recover from the sellin dealer any consequential damage: damages to property, damages for los of use, loss of time, loss of profits, c income, or any other incidental damage: SF60 Ws (1 WD11 Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofcarlisle.com .:US rOMER NO. -- - 7864 RONALD F JONES 2437 LOBACH DR MECHANICSBURG, PA 17055 ,A? NO ?LAt! r 1.67 , IABOF HATE UCENSE NO. _ MILEAGE. YEAR.MAKE/MODEL 03/CHRYSLER/SEBRING'4DR/SDN LX VEHICLE I D NO. - =,--?_ I C 3 E L 4 6 X 7 3 N 5 5 9 6 9 4 F, T.E_NO P O. NO_ 19103 ; . =_?? CHCS6629-- TOCK NO RN DATE H ELIVEHY MILES EALE N06, RODUGIUN DATE q/n-4 L?+aurc a r4rcr? - -- 'g3I f - - rl_ CLIENT. STATES_PULLS- TO RIGHT CHECK;FOR CONCERN, TIRE PRESSURE LOW IN RIGHT FRONT CROSS' ROTATED FRONT TIRES. SET AIR PRESSURE IN TIRES RQAO'TEST AGAIN OK.. JOB #; I TOTAL LABOR PARTS 0.0( ----------------- --------------------------------------- .CLIENT STATES, CHECK MARKS AT MASKING TAPE CHECK-FQR CONCERN BUFFFED'OUT MARKS-IN PAINT JOB # 2 TOTAL LABOR & PARTS 0-00 ----- --- --- TOTALS ------ -- - ---------------------------------- ---------------------------- SSSSSSSSSSSSSS P A Y M E N T M E T H O D SSSSS#SSS3SSSSSSS TOTAL LABOR....' 0;00 $ ( ) CASH ( ) C/CARD:...-:__,. S TOTAL PARTS.... 0.00 $ $ TOTAL SUBLET... 0.00 S ( ) CHECK #_ .............O REC.DATE:.... /..../...: $ TOTAL G.O.G... 0.00 SSSS$S3SSSSS{`SS353SfS$SSSSb 53S ?,S,tSS iSSSiSSSSSS.S?S$SSSSES TOT MISC '(wa 00,00 .00 WE NEED YOUR?HELP . YQU°ARE ST IMPORTANT ASSET. Y\O MAY ` TC A T?V_l .. _ . 0:00 RECEIVE A SU VEFVVEEF CHR r C(ORAT?flNN. Pty DO N FILL OS Y UNT E-YCA?t ANSWER STRONGL AGRE. At TOTAL ICE 0.00 OR VERY ALL JEIPY T WILT IITH THESE PONSES PLEASE CALL E ERSONA OU WIL FIN I WILL ADDRESS YOUR CONCERKS Mt VF ntlp Db0l G AW) rSrern v 1Fr-F .,??.T .. t THANK YOU FO ' Y0)j1R CONFI PATIkCE AND UNDERSTIJDING. {J q? BOB PATTERSON 5Ef I CE MANS D -?~, I a CUSTOMER SIftTURE r ; ) U Z Q E _ C PAGE Y OF 1 CUSTOMER COPY [ END OF INVOICE j 04:55pm . . ? ,;???-?° =tea ?,?.,`'. DISCLAIMER OF WARRANTIES The only warranties, if any, applying the part(s) and/or service are tho: offered by the manufacturer. The selli dealer hereby expressly disclaims warranties, either expressed or implie, including any iroplied warranties I merchantability or fitness for a particul, purpose, and neither assumes nor auth( razes any other person to assume for any liability in connection with the sale < this part(s) and/or service. Buyer sha not be entitled to recover from the sellin dealer any consequential damage: damages to property, damages for los of use, loss of time, loss of profits, c income, or any other incidental damages SF604388 It0,b1 o° ? H ,97 ?N/ Jeep Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 r' vww•cvmofcarlisle.com C.U? IUMER NO 'J' ADVISOR / 8 6 4 TAG p10. INVOICE DATE INVOICE NO; LAN - 167 12/09{03 CHCS68674 RONALD F JONES 6?R ° RATE ,DO uCEN E NO ""E"'E COLS S7ocKND: - 2437 LOBACH DR YEAR iMAKE iMOOE? 749 INFERNO RED 4018 MECHANICSBURG, PA 17055 03/CHRYSLER/SEBRING, 4DR/SDN LX narvERYOATE DEUVERY MILES -- - - 06/16/Q3 I8 VEHICLE I D NO. 1 C 3 E L 4 6 X 7 3 N 5 5 9 6 9 4 510NG DEALER NO. PjOD?TK)N DATE F T ENO P O 140b ` Rl°Z? 8/03 1111111 90 ' _ ais- - ..c?..c--k ? „?... ? _ ? _ ?=,r ..?' ? _;..? ? 8 T ?2 ?i ? ° .Y?"4 i• .?? A??7 ??? CLIENT STATES DISCLAIMER OF WARRANTIES PULLS:RIGHT SINCE WE ROTATED TIRES " LEADS =RIGHT, The only warranties, if any, applying r° ROTATED3 TIRES, ROAD TEST OK, VEHICLE DOES NOT PULL the part(s) and/or service are thos offered by the manufacturer. The sellin JOB-#- 1 TOTAL LABOR & PARTS 0.00 dealer hereby expressly disclaims a -- - - --- ----- - ----- -- - - w TOTALS - arranties, either expressed or implies ------------------------- P including any implied warranties c $$$$?g$$$$$$$$ CASH, Y M E N T METH D $$$$$$$$$$$S$$$$$ TOTAL IABOR.... 0 00 merchantability or fitness for a particula $ O { I C/CARD:. . . ; TOTAL PARTS.... 0 ),CHECK, .00 purpose, and neither assumes nor authc $ TOTAL SUBLET... 0-00 $ L # O REC.DATE:... J..../._.. $ TOTAL 6 p G rizes any other person to assume for $$$$$$$$$$$$$$$$$.?$:$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ TOTAL MISC.GHG: 0'00 any liability in connection with the sale e 0.00; this y TOTAL MISC DISC 0.00 Part(s) and/or service. Bu er sha! WE .NEED. YOUR -HELP.YOU ARE OUR MOST IMPORTANT ASSET. YOU MAY TOTAL TAX...... 0.00 not be entitled to recover from the sellinc RECEIVE A ,SURVEY FROM CHRYSLER CORPORATION.PLEASE DO NOT FILL OUT YOUR SURVEY UNTIL YOU CAN ANSWER STRONGLY AGREE dealer any consequential damages OR VERY SATISFIED. IF YOU CAN'T ANSWER WITH THESE. RESPONSES TOTAL INVOICE $ 0.00 damages to property, damages for los: PLEASE CALL ME PERSONALLY.YOU WILL FIND I WILL ADDRESS YOUR CONCERNS. SOLVE YOUR PROBLEM AND EXCEED of use, loss of time, foss of profits, o THANK YOU FOI?_YOO pNFI -PATIC YOUR EXPECTATIONS. DINS income, or any other incidental damages BOB PATTERSO?, SERVVN,fE-MANAGE ? ? ! ?, f I CUSTOM E S I6NA ` You may, eceive a manufacturer in the 44 , ` next few weeks. If for any reason 1% you cannot grade us "Excellenr - Please contact your service manager, _ D e VA Thank Y F 3 ou. Cumberland Valley Motors V U K 5 - c PAGE 1:0F 1 CUSTOMER COPY L I END OF INVOICE 110:06am SF60i38Boom,i I ±/ , r r' ' Y s P/ Jeep 4 Cumberland Valley Motors of Carlislf 1119 Harrisburg PikE Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofearlisle.com JSTOMER NO ADVISOR TAG NO INVOICE DATE INVOICE NO. 7-864 --. LANx 167 02 21 04--,. - CHCS697: ..A OR RATE L DENSE NO MILEAGE COLOR STOOK NO RONALD F JONES .10 265_ .INFERNO:: R_ED 4618-z: -_ 2437 LOBACH DR YEAn/MAKE MODEL DELVERY DATE DELIVERY MILES N[ECHANICSBURG PA 17055 03LHRYSLER SEBRING4D?sbN LX 06/16/03-i --,;7 VEH C.LE ID NO SELTING DEALER NO PRODUCTION DATE 1 C-3 E L 4 6 X 7 3 N 5 5 9 6 9 4 _10? FTFNOR_ ODATE -------------------- ------------- - ------------ i 130R--&:? PARTS 3OwnerRequested. CHECK=AIR IN TIRES POUTINE MAINT. IIRE=PSI SET AT-351bs PERFORM LUBE,OIL AND FILTER COMPLETED -- PARTS---- --QTY- - FP-NUMBER-------------- -DESCRIPTION-------- -LIST PRICE=UNIT PRICE- JOB # 1 1 PK0905 O901OIL 14.95 14.95 14.95 JOB 1 1 5281 090-BA FILTER EN 9057006 **** **** ****" JOB # 1 . 5 OIL CASTROL Q **** *** *** JOB #- 1 TOTAL PARTS 14.95 c JOB # '1 TOTAL LABOR & PARTS 25:95 CLIENT SIAIES INSIALL S/U SEAL BELT TIP HALE BROKEN REPLACED DRIVERS SEAT BELT TIP HALF' PARTS QT1--FP NUhtBEf2 -'-- f3ES6RIf' PRKE-UNIT PRi"6E i 30B # 2 ; 1 XK4Rt5 ; SEAT BELT 23049004 ! i WARRANTY # 21;OTAL/PARTS ( 0.00 ` JV# 2 TAL LABr B PARTS 0.00 {' -- - - - - -- `.f >. -1-;-- ------ e `.'.- _ _ _. ________ P____________________s------------ ------------ LEFT EARRSUMPER EDTA MK I E F PO H MARK- RO R AR, U PARTS ------ QTY---FP-NUMBER--------------- DESCRIPTION --------- LIST 'PRICE-UNIT PRICE- i JOB I 3 TOTALr F 0.00 = JOB #N- CAI OR & R A 6.00 m o yF - - - = MISC- --CODE- --'---DESCRIPTION=------ -- -=---- .- --- ------------CONTROL NO--------- ---------- 6 -JOB # 1 04HAZWASTE ENVIRONMENTAL DISPOSAL FEE 0.50 ° w z TOTAL MISC 0.50 6 E a a PAGE I OFL CUSTOMER COPY [CONTINUED ON NEXT PAGE] 0931am DISCLAIMER OF WARRANTIES The only warranties, if any, applying the part(s) and/or service are tho. offered by the manufacturer. The seliil dealer hereby expressly disclaims warranties, either expressed or implie including any implied warranties merchantability or fitness for a particul: purpose, and neither assumes nor auth, rizes any other person to assume for any liability in connection with the sale I this part(s) and/or service. Buyer shz not be entitled to recover from the sellin dealer any consequential damage,, damages to property, damages for los of use, loss of time, loss of profits, c income, oranv other incidental damage: SF604388 tI O101 j Ins zo Jeep 7864 RONALD F 30NES 2437 LOBACH DR MECHANICSBURG, PA 17055 Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmorearlisle.com TAG NO. INVOICE DATE INVOICE NO. J EFFREY A MYERS 5 05 :22` Q04 CHCS7108 5 Iy,BOR RATE LICEN SC NO MILEAGE COLOR STOCK NO. 66_.;00 13,074 INFERNO RED 4018;, YEAR/MAKE/MODEL DELIVERY DATE DELNERY MILES 03/CHRYSLER/SEER[UNG-;..4DR/SDN LX 06/16/03 18; VEkICLE I,D NO_ SELLING DEALER Na PRODUCTION DATE 1 3 E L 4 6 X 7 3.N 5 5 9 6 9 4 101, F. T ___-1 _ P. O- NO R O. DATE - '- - 3 05/22/04 -3 A .3, -- ----- J 1 01CHZ07' _= L1If3€r-'UIL'& FILTER' TEC>i(S):I53 - - 9.50 DISCLAIMER OF WARRANTIES Owner. Ree$ted. The only warranties, if any, applying t ROUTINE; INT. the part(s) and/or service are thos PERFORM LUBE OIL AND FILTER offered by the manufacturer- The sellirn PARTS QIY FP-NUMBER ---- - -------DESCRIPTION---------LIST PRICE-UNIT PRICE- dealer hereby expressly disclaims a J013-4, 1 1 PK409 FILTER/OIL 14.95 14.95 14.95 warranties, either expressed or implied JDB_#.;1 1 4105409 FILTER OI 9057006 **** **** **** including any implied warranties o JOB # 1 5 OIL CASTRQL Q **** *** **** merchantability or fitness for a particula JOB # 1 TOTAL PARTS 14.95 purpose, and neither assumes nor autho JOB # I TOTAL LABOR 8 PARTS 24.45 rizes any other person to assume for i ----------------------------------------- ---------------------------------- - any liability in connection with the sale o J# 2° QICHZI BAtANt E TIRES = TEN(S) :I53 -34-9' this y Owner Requested. part(s) and/or service. Bu er shal ROTATE AND BALANCE TIRES, SEE HISTORY not be entitled to recover from the sellinc PERFORM TIRE BALANCE - (4) TIRES - CHECK/ADJUST TIRE P.S_I. dealer any consequential damages, PARTS ----QTY --- FP-NUMBER -------------DESCRIPTION---------LIST PRICE-UNIT PRICE- damages to property, damages for loss JOB # 2 TOTAL PARTS 0-00 of use, loss of time, loss of profits, or ____ -_ <r : JOB # T OR & P 34 95 income, or any other incidental damages. -------- -- ------ ------ ----- - J#3 Q6CHZ. ' J ?S TE CLIENT[ TAOT?, C HECK OR,CLHNKIIIO N017E IN R Et t?11iEN Jf ^OA iTIII-AITAI0 --- - •.. .... ....-_40- 0 wife CHECKED. KA WNCERNI DID EAR NOISE U *LE TO VERf F1Y WHERE ?1 ?'S COMI ROM W fiL NEED W , TIME To PROP SKCOND ION PARTS Q. NUMBE?2-. ?'?:,t)FSORI N LI P RI E F f C.E s _ JOB # 3 TOTAL PARTS JOB # fO L LABOR & 0.01 O:D( ` m MISC-- CODE DESCRIPTIO __ - ------- ___________CONTROL NO ----- 9 JOB # 1 04HAZWASTE ENVIRONMENTAL DISPOSAL FEE ' 0.5( TOTAL MISC 0:5( COMMENTS-- -- --- ------ ----- - = - ---- a Q 1100 WAITE - - R ?Rl E U K A u -PAGE 1 OF2 CUSTOMER COPY [CONTINUED ON NEXT PAGE-1 12-30nm QQ t d x ?f * z. Cumberland Valley Motors of Carlisle r p Sa _sr 1119 Harrisburg Pike N Carlisle, Pa. 17013 kA/ Jeep Phone (717) 243-3525 1 (800) 354-4967 WNVW.CVmofcarlislexom CUSTOMER NO ADVISOR TAG NO INVOICE DATE INVOICE NO. l7 __ = JEFFREY _-A MYERS -5. - 05 X26 04==? CHCS71129 LABOR RATE LICENSE No IAILEAGE - -?? COLOR RONAL F :JONES. 66 06_.z. STOCK NO. 24 }2?,3 2I0 ZNFERNO,;RED 4018 _;; ..... 2437 L BACK * DR - YEAR !MAKE /MODEL DELVERY DAT DELIVERY MILES MECHANICSBURG,. PA 17055 q3 CHRYSLER SEBRINGa4DR SDN LX: YEHIDLEIO N0 06 -6 03>g - EWNG DEALER NO PRODUCTION DATE ZC3 E L 46x 73N5 5.9694 10-" FTEKO PO NO,_ R ODAT E (? 17,C'>/11 ?1.? ?,,,yi l.l!( Lac, Y(1tC1 J - ?.c _.. _ iA98 r r< 14ISCEI,tANEfJ L TECHfST I74.? DISCLAIMER OF WARRANTIES CLIENT" STATES CHECK'NOISE `IN FRONT WEN TURNING AND BRAKING ?? The only warranfies, if any, applying SEE;TODD the part(s) and/or service are thos FRONT_ROTDRS E'D offered by the manufacturer- The setlir RI ?1lRj ACED FROONT NT RO ROTORS AND ROAD TEST dealer.'hereby/exprgssty disclaims JOB # I TOTAL LABOR & PARTS 0.00 warranties, ej&r expressed or implie( COMMENTS- - - _ - _ . - _ . - - - - - - - - - - - - - - - - - - - - - including any irppiied warranties c DROPIRENTAL merchantability or fitness for a particuh purpose, and neither assumes nor authc - ------------------------ TOTAtS - - - ... _ - _ _ _ _ - - rizes any other person to assume for $SSS$?SSSSS?bS P A X. M E N T M E T H O D SSSSSSSSSSSSSSSSS TOTAL LABOR..: any liability in connection with the sale c (:}.CASH,`. ( ) C/CARD::...._.. S 0.000 0 this part(s) and/or service. Buyer sha $ TOTAL PARTS 0.00 not be entitled to recover from the selling E ( }CHECK S TOTAL SUBLET,.. 0.00 ............ .( ) REC.DATE:..../..../,.., S TOTAL G.0 G 0.00 dealer any consequential damages S$SS3S$$SSSSS$$$$SSSS3$SSSSSSSSSS?SSSS3SSSSSSSSSSSSSSSSSSSSS TOTAL MISC CHG. 0.00 damages to property, damages forto& TOTAL MISC DISC 0.00, of use; loss of time, loss of rofits, o WE NEED YOUR HELP.YOU ARE OUR MOST IMPORTANT ASSET YOU MY TOTAL TAX...... 0.00` p RECEIVE A ,SURVEY FROM CHRYSLER ; CORPORATION.PLEASE DO NOT rncome,_oragotherincidentaldamages FILL OUT YOUR-50f fEY OU CAlt, NA - - - - ,ORVERY SATISFIED JF YY.DU ANT AhSW?E WITH THESE RE, S' ES 0'00 PLEASE CALL S PER DhtALLY,YOt1 WIL 'FIND WE WILL YOU CONCERNS,SOLYE YOUR PROBL AND CEED Y TATIO 5 THANK YOU FOR YOOR CONF?=J E.PA:IENCE(AND U DERS IN(-'? # ! ' ? ` JEFF MYERS f A is. CUSTOMER SIGNATURE i Y yr ^ w a [ END OF INVOICE 1' 05:?9prn SF604368 I s OO ., x Jeep I, Cumberland Valley Motors of Carlisle 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 1 (800) 354-4967 www.cvmofearlisle.com )SfONtH NU ADVISOR ITAG NO. 7864 __ - -?=- JEFF=REY A:. MYERS IAE, RRATE LIGE'vSE 7.0 AGE RONALD F JONES 66.00 13, 728 2437 LOBACH DR YEAR/ MAKE i MODEL MECHANICSBURG, PA 17055 03_/CHRYSCERZSEBRING 4DR/SDN I X VEHICLE I.D. NO. 1 C 3 E L 4 6 X 7 3 N 5 5 9 6 9 4 P. T. E NO, P. O. NO. COLOR DEUVERY DATE 011V03 SE'.L'NG DEAkER NO. 10 R. 0- DATE STOCK NO. DELIVERY MILES 18 I PRODUCTION DATE -;- RESI[3ENL-`l~PI4OI'?i?lS1NES3 PF+OTtE a°' ?7r7 G9 9 {;180 . ' ;< _ -GOAIMENIS =,s ,E ,,r n^"-- .s, r , z"` '` t. " ; +- - €# 4 IMV- LABOR .& PARTS? J# T 05CHZOT INSPECT_ BRAT<E5 TECF(}:I? I: = <14ARRW' DISCLAIMER OF WARRANTIES _ LIENT STATES NOISE IN FRONT TURNING AND BRAKING The only warranties, if any, applying TEST "DRIVE WITH TODD the part(s) and/or service are thos CHECK ._EOR CONCERN, SOUND IS COMING FROM FRONT BRAKE OR DRIVE offered by the manufacturer. The sellin ,AXLE AP- FA LUBED-CALIPER SLIDES, AND TIGHTEN AXLE NUTS, DID NOT HEAR dealer hereby expressly disclaims z NOISE AFTER DOING, THIS, ROAD TESTED THROUGHOUT THE DAY warranties, either expressed or implie( including any implied warranties ( JOB # I TOTAL LABOR & PARTS 0.00 merchantability or fitness for a particulz - -- ---- -- -- ------•----- --- __ J# 2+18CHZ MISCELLANEOUS- TECH(S)-153' y{y purpose, and neither assumes nor authc RE rfTAL' CAR razes any other person to assume for I_ ST DAY RENTAL any liability in connection with the sale c JOB # 2 TOTAL LABOR & PARTS 0 00 this part(s) and/or service. Buyer sha . not be entitled to recover from the sellin( SUBLET ----- PO#-------- VEND INV#-INV.DATE-DESCRIPTION------------------------------- dealer an consequential damages JOB # I 11886 06/16/04 IST DAY RENTAL WARRANTY damages to property, damages for los: TOTAL - SUBLET 0.00: of use, loss of time, loss of profits, o COMMENTS -------- -- -----------'-------•-------------------•--•--------------------- income, or any other incidental damages NEEDS RENTAL ECAR- ---,?- r?--? ---? TOTALS- - - - - - ?"' ,?E ;SSSS$SSSS$SSAH M FT M E T H10 D $3SSSS S$SSSS 7(} CA S (} CH CI# ....... ( REC. DA SSSSSSSSSSS$ SSS S4SSS5 `3S S4S$S SSSS$SSSS3SS$$ S3 SS °°._2:?. WE NEED YOUR HELP.YOU ARE OUR MOST IMPORTANT AS T.YOU MAN RECEIVE A SURVE ,9RWCHRYSLEWtM. 'PORAIION P °90 NOT FILL OUT YOUR- NTFL YOU%W4SWER 5 AGREE OR VERY SATISIEEi OU CAN . SHIER WITII 5C°EtPONSES PLEASE CALL US"-" LLY,YOU I LYIND WE WII, SS YC CONCERNS SOLVE YOUR PROBLEM AND-MCEED YOUR EXPECTATIONS - ---------- TO TAL I 0.00. S f TOTAL PARTS.... 0.00: S TO SUB T... 0.00 S? TO 4G. ... 0.00 TOAL HG. 0.04 AL 0.00- TOTAL TAX ..... 0-00 x s,,TaTAL 1N l $ 0.00 UR..-' THANK YOII FOR YOUR CONFIDENCE, PATIENCE AND UNDERSTANDING: V JEFF MYERS N w CUSTOMER SIGNATURE 6 PAGE 1 OF 1 ttt CUSTOMER COPY I END OF fNVOICE I06:,Qpm sF60s3as (tom, I Carlisle Lhrysler Jeep. 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 8 ?a wmrn rvv. ADVISOR T {-?8.64 AO NtZ INVOICE DATE INVOICE NO. LABOR RATE LICENSE NO MILEAGE COLOR STOCK NO: . RONALD F JONES 72':00. 15016 INFE O: . : ' . YEAR/ MAKE/ MODEL RN RED 4018- 2437 LOBACH DR DELNERY DATE DELIVERY MILES MECHANICSBURG, PA 17055 O _CH YSLER SEBRING/4 DOOR SED N 16 0 VEHICLE I-D. NO. - SEWNG DEALER NO. PRODUCTION DATE 1 C 3 E L 4 6 x 7 3 N 5 5 9 6 9 4 10. F. TE NO . PO NO 1 0.O DATE LABOR & PARTS - - - _ ? - ?. ,-?_?=?• ? .. •x - ,? 2 7# 1 26C+1Z -== _ { 7''y I ryD EV Mme DISCLAIMER OF WARRANTIES C/S CLUNKING CREEKING WHEN- BRAKING -AND TURNING AFTER VEHICLE. _ The only warranties, if any, applying IS WARMED UP= NEEDS=FR LITERS RESURFACED the part(s) and/or service are thos CUSTOMER-DECLINED offered by the manufacturer. The sellir dealer hereby expressly disclaims E JOB # TOTAL LA W9 PARTS D:Op warranties, either expressed or implie+ ------------------------ - CIMMENIS - --------------- - - ------ 1 7 _ . --- - including an implied warranties + - - DROP ---- merchantability or fitness for a particuh purpose, and neither assumes nor authc TECHNICIAN CERTIFICATION- -- - rues any other person to assume for I38 'LAMES 6:0 S _ 1 i8b8624 ". any liability in connection with the sale c TOTALS - - _ - - this part(s) and/or service. Buyer sha S3S$?S3SSSS?SS P A Y M E N=T AS_E T II 6D 1SSS;SS3S"SSS?SES .T(}T 0 QO' not be entitled to recover from the sellin. dealer any conse uential d CASH Cl(ARD S - - D q amages damages to property, damages for Jos: 3 OCHECK # - E) REC DATE Oa TCGAt 6 G D Dfk of use, loss of time, foss of profits, o 53#SSS_SSSSSSSSSS?SS3SSS533SSSS3?$33SSSS3S3SSS#SSSSS it3TA#?AtISG CHC? - D gD income, or any other incidental damages WELCOME TO CARLTStE CHRYSt R 3€fl?> I AR€A?NFW'FST 5 STAk DEAL OM ER HE; OFtE #9 `OIL YOU THE CUSTQt R ARC OLIR"'Fim- LE ASSET->_Aj;AAY TO AL MISG DISC . TOTAL T O Of) 4 DD' n? M, Carlisle Chrysler Jeep 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 I ADVISOR 7864 TAG NO JN,OI DOUG <4 OE LABOR HATE LICENSE NO MILEAGE GOLO RONALD E JONES 72.00 __15 400..In YEAR / MAKE / MODEL 2437 LOBACH DR DEUv MECHANICSBURG, PA 17055 03 CHRYSLER SEBRING 4 DOOR SEDAN 06 1 C 3 E L 4 6 x 7 3 N 5 5 9 6 9 4_ .ONF.iEFITS T - ;X, '{.' a,r BOR .LENO. P. O. ND. R & ARTS- 1`;i05CfiZ0;r = 3f+F5P.ET 26 04 4, CHCS72466 STOCK No. FERNO.RED .4018=_ FY DATE DELIVERY MILES 1-16Z01 .> ..a18 3 DEALER NO. PRODL urkON DATE SE, i 6/04 - r -' rt4 DISCLAIMER OF WARRANTIES The only warranties, if any, applying t, the part(s) and/or service are thos, T PRICE i1NIT PRICE offered by the manufacturer. The sellim NY dealer hereby expressly disclaims a; WARRANTY # ' 1 TOTAL PARTS .0.00 warranties, either expressed or implied including any implied warranties o ?TAt -f O R.-& PARTS , 0•"` merchantability or fitness for a particula - = purpose and neither - -_ ?? RENTAL assumes nor aud io. rizes any other person to assume for i PARTS - QTY t p NUFA'EFt __ 5c1tlt'I1c1N .. " LIST PRICE Ut}rt PRICE any liability in connection with the sale o _ J013 # 2 T4TAt PAR I S 040 this part(s) and/or service. Buyer shal _ not be entitled to recover from the sellinc JOB # 2 TOTAL L4BQfl &` PARIS Q 00? dealer any consequential damages, SUBLET' PO# -- Vi M7 INV# INIf DATE DESCRIPTION -" damages to property damages for loss -- JOB # I 12070 08!25/04 RENTAL= 3h E , of use, loss of time, loss of profits, or e,' TOTAE SUBLET 0'QO' income, or any other incidental damages. •, t _A T_ Carlisle Chrysler Jeep e 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 ADVISOR _-_- 7M-? TAG NO- . ' INVOICE DATE _ INVOICE NO. LABOR PATE RONALD F JONES 7 LICENSE NO MILEAGE ?`° STOCK 2437 LOBACH DR Y/tiuKEIMODEL _ MECHANICSBURG, PA 17055/ruRV?r'FR/?FRRTtiFc /a n^?R SF VERIC E LD NO DELIVERY. DATE DELIVERY MILES nnti _ . SEW DF R NO. PRODUCTION DATE F. TENO. PO.NO. - R O DAT> = ?n . 1Z U 04`??. 717`. SgT-.9606,_ ?- =???8rt2D ? ? ? z ?? #?z E 4 , f . , I C/S HAS NO FORWARD' OR REY ' DISCLAIMER OF WARRANTIES ". . t TRANS COOLER LINE WAS DISCONNECTED: DOF Ta The only warranties, if any, a applying t, , _BROKEP) CHOSE CLAMP. the part(s) and/or service are those REATTACHED HOSE AND. REPLACE6 HOSE CW1P TOPtiED 0EF? FLU " offered by the manufacturer The lli ID . , LEVEL TO ROAD TEST'VEHICLE_>VEHICLE HAS'XHARSH 3 2SHIFT: POSSIBLE AIR IN FL11IIi CHECKED . se n. dealer hereby expressly disclaims al _ FOR>WOES . P0944- LOSS OF ' . PRIME. -DUE TO LEAKAGE 8 P0841 LOYf PRESSURE warranties, either expressed or implied .- SWITCH SENSE_ CIRCUIT, HAD TO ROAD?TEST,IIEHTCLE UNTIL AC1 AIR WAS PURGED including any implied warranties o'. QTY FP NUMBER DESCffIPTION ° merchantability or fitness for a particular 2 JOB , 1 LI57 PRICE UNFT PRICE- 5013458 AA FLUID TRW I082D18 purpose, and neither assumes nor autho- 70B # 1 3 4596424 AA Cep ?4f}y00 I? E rizes an gRRAt?iY any other person to assume for it ji? _ 1 TOTAL: p/TS any liability in connection with the sale of this part(s) and/or service. Buyer shall - _ JOB I _ TOTAL ABOR & ??RrS = 0' Qt7 not be entitled to recover from the selling CO N MME TS _ dealer any consequential damages, - ----------------------- -- WAITER` - - . = damages to property, damages for loss TECHNICIAN CERTIFICA7I(kJ Of use, loss of time, loss of profits, or ------------ 7# - DLfF??S Ef tEClEY" income, or any other incidental damages. Ci35059(3 A, A f Carlisle Chrysler Jeep. 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 9 •••,•,`•, ?••. 78,6 4` AbJISOR TAG NO. RIAN 206 INVOIC DATE 03/15/05 INVOICE N CHM4961 RONALD F JONES LABOR RASE LICENSE NO MILEAGE 17 803 COLOR - 2437 , INFERNO_ RED LOBACH DR MECHANICSBURG PA 17055 vEARIMAKE JMODEL 03/CHRYSLER/SEBRING/4 DOOR SEDAN Ob%1f '03 nEwE? MILEs , 18 :re r E E L 4 6 X 7 3 N 5 5 9 6 9 4 YbING DEALER NO PR°°"°n°" DATE t:. NV, Po NO- _ 9/04 R E 7 v 91 U zom J# .I` I5CHZ01':NSPttIS??_I J74 . _ . Y 0 DD DISCLAIMER OF WARRANTIES - CIS TRANSMISION NOT SHIFTING RIGHT AT 35 MPH SEEMS TO SHIFT DOWN TO LOW WHEN SHIFTING INTO GEAR The only warranties, if any, applying 1 DIAGNOSE CONCERN AND PERFORMED QUICK LEARN the part(s) and/or service are thos PARTS ------ QTY --- FP-NUMBER --------------- DESCRIPTION --------- LIST PRICE UNIT PRICE- offered by the manufacturer. The sellin dealer hereby expressly disclaims a JOB # 1 TOTAL PARTS- 0.00 warranties, either expressed or impliec JOB # I TOTAL LABOR 8 PARTS 0.00 ° including any implied warranties c 2}ZQQ} AYE -----?17 _? I'S ' ' merchantability or fitness for a particula r - CIS THERE IS A LOUD `NOISE HEARD-WHEN'TURNIN6 LEFT OR RIGHT . VRAP7T? purpose, and neither assumes nor autho DIAG HAD'.JOE MORTIN INSPECT' REPLACED RIGHT-UPPER,CONTL ARM rizes any other person to assume fori UPPER STRUT MOUNT RE HUB BEARING RE "STRUT NOISE GONE any liability-in connection with the sale o PARTS QTY FP NUMBER -DESCRIPTION --_ ---LIST PRICE UNIT PRICE this part(s) and/or service. Buyer steal JOB # 2 1 4782974-AD ARM CONTR 17011035 WARRANTY not be entitled to recover from the selfinc JOB # 2 1 4764552-AC BRACKET `S 17029001. deafer any consequential damages JOB .#" 2 1 6503889 SCREW FLA 17025003 JOB f 2 1 6 Y damages to property, damages for los; 503711 NUT HEX F 17015030 JOB"# 2 1 4578144-AA BEARING B 2017087 WARRANTY of use, loss of time, loss of profits, of 2 1 4$}5029 AA ST;ttT( SUS ,170 JOB 23004 - = Ty income, or any other incidental damages. Y '. JOB 2 ,TOTAL PARTS ' 0.00 -?- - ` JOB # 2 TOTAL L , , . ABOR & PARTS ----- ------ --- 0.00 __ COMMENTS -- ------ -? - - x - - - DROP You may receive a TECHNICIAN CFRTIFICAtION questionnaire from the 174 _jkNN1S,- E.MQON .nf F?? ?` S0 0 1 93 SEV1 N ?? TiIRRA[T` ?' c?9 next few weeks. if for any r eason r you cannot grade us "Excellent" NI $ P please contact your 0 -_- - service manager. - - - _ t _ - Thank You. Carlisle Chrysler Jeep k [AA? 5- 3 G P G F R ° l PAGE 1 OF 2 CUSTOMER COPY (CONTINUED ON NEXT PAGE] 04:39pm 1 Carlisle Gnrysler Jeep. 1119 Harrisburg Pike Carlisle, Pa. 17013 Phone (717) 243-3525 A wwrv.cn rw . 7 8 64 - - .: - ADVISOR 206 TAG NO. RIAN 11617 9%05 . INVOICE CHCSNQl4 RONALD F JONES L-460RRATE LICENSE NO MILEAGE ?L 17,803- N?ERNO RED 961 2437 LOBACH DR YEAR MAKEI UODEL - MECHANICSBURG, PA 17055 03/CHRYSLER/SEBRIN G/4 DOOR S ? C}3 EDAN DEUVERVn+wes 8 j 1 - 7 Y "'e LCD NOE L 4 6 X / 3 N 5 5 J 6 7 4 G DEALER NO. (? (? PRODUCTION GATE - ,. FT ENO. . P. O. NO. M/04 gp? pq Ud H _:t±rb=7835 -- ----------------------- $$$$$$$$$$$$$$ P A Y M E N T M E T H O D $$$$S$$$$$$S$$$$$ TOTAL LABOR 0 00 $ ( )CASH O C/CARQ:...... ... $ $ .... :TOTAL PARTS.... : 0.00_ $ $ O CHECK # ........... O REC.DATE.. .`/....1. $ TOTAL SUBLET... TOTAL G O G : 0.00 ... $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$S$$$$S$$S . . . .. TOTAL MISC CHG ` 0.00 WELCOME TO CARLISLE CHRYSLER JEEP THE AREA NEWEST 5STAR . TOTAL MISC DISC TOTAL TAX 0.00 0.00 DEALER. HOME Of THE $9.95 OIL CHANGE. ...... 0.00 - STEVE TORRAO-BOB PATTERSON & BRIAN MASON-YOUR SERVICE TEAM* TOTAL INVOICE $ - 0.00 EXPLANATION OF CHARGES WERE REVIEWED WITH CUSTOMER CUSTOMER SIGNATURE ** r xx t x*?'F************** D U P L I C A TE. "? I N V O I C E *** ******** * t x *k r P ? ? 1<x k' O U U F QZ Q PAGE 2 OF 2 CUSTOMER COPY' DISCLAIMER OF WARRANTIES The only warranties, if any, applying t, the part(s) and/or service are thos, offered by the manufacturer. The selling dealer hereby expressly disclaims a warranties, either expressed or implied including any implied warranties c merchantability or fitness for a particula purpose, and neither assumes nor autho rizes any other person to assume for i any liability in connection with the sale othis part(s) and/or service. Buyer shal not be entitled to recover from the sellinc, dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits, or income, or any other incidental damanPc Carlisle Chrysler Jeep 1119 Harrisburg Pike Carlisle, Pa. 17013 A Phone (717) 243-3525 i overt Og_.. 121 , j. TPM%05 RONALD F JONES 2437 LOBA IABORRATE UCENSENe. MILEAGE 20, 580 `11 ERN0 RED CH DR MECHANICSBU ICSBURG, PA 17055 M,?N ?L?R/SEBRING/4 DOOR SEDAN, r/E03 'rtt"t L 4 6 x 7 3 N 5 5 9 6 9 4 1bN R"°- FTE-NO.. P. O. NO. 0p`1M/0S 7068 DELIVERY MILES 1-8 PRODUCi10N RATE...- rz M- - ---------------- J# Y-06,6 - FRONT-SUSPENSION HOURS: 1 OQ`TECHES7.214 ' Wf1RR%U±tTy CHECK CREEKING AND POPPING NOISE IN FRONT END REPLACED RIGHT SIDE BRAKE CALIPER AND AXLE SHAF T WORK COMPLETED NOISE GONE REPAIRS' WDE PER JOE MORTON PARTS------QTY---FP-NUMBER- ------------=DESCRIPTION-------- -LIST PRICE-UNIT PRICE- JOB # 1 1 5017653-AA SHAFT AXL 2510002 WARRANTY JOB # 1 1 5018990-AA CALIPER D 5005001 WARRANTY JOB # I I 4318080-AB FLUID BRA 1081006 WARRANTY JOB # :1 TOTAL PARTS 0.00 JOB # ------------------- ---- - - T TOTAL LABOR & PARTS 0.00 - - --- - TECHNICIAN CERTIFICATION------------------- --- -------- -- - -- -- -.---- -------- - - --------- -------- 214 ;MILLIAM T SCHMIEDEL 2183869,5 TOTALS ------ -------- -------------=---------------------- ---------------------------- -------- $$$$$$$$$$$$$$ P A`Y M E N T M.E T H O D SSSSSSSSSSS$SSSSS TOTAL LABOR.... 0.00: $ ( ) CASH O C/CARD:.... .:_.: S TOTAL PARTS.... 0:00 $ _ S TOTAL SUBLET... 0.:00 S O CHECK # ::.-....:....( ) REC.DATE./ ...T., S . TOTAL GO_G-.;. 0.00 SS$SSSSS$SSSSSS$S$SSSSS$SSSSS$SSSSSSSSSSSSfS$SSSSSSSS3fSSSS :' TOTAL MISC CHG. 0.00 TOTAL MISC DISC 0-00 WELCOME TO CARLISLE CHRYSLER JEEP`Tk AREA NEWEST 5 -STAR TOTAL TAX. .-... 0.00 DEALER. HOME OF THE $9.95 OIL CHANGE. TQTAL:INVOICE $ 0.00 STEVE TQRRAO BOB PATTERSON & BRIAN MASON**YOUR SEfVICE fiEW* _` EXPLANATION OF CHARGES WERE' REVIEWERWITf CUSTOMELt - , a _ w CUSTOMER SIGNATURE Z . 5 s v 5 F C F B I DISCLAIMER OF WARRANTIES The only warranties, if any, applying the part(s) and/or service are thou offered by the manufacturer. The sellir dealer hereby expressly disclaims warranties, either expressed or implies including any implied warranties 1 merchantability or fitness for a particul; purpose, and neither assumes nor authc rizes any other person to assume for any liability in connection with the sale c this part(s) and/or service. Buyer she not be entitled to recover from the sellin dealer any consequential damage: damages to property, damages for los of use, loss of time, toss of profits, c income, or any other incidental damage: PAGF 4 OF 1 A REGIONAL DEFENSE LITIGATION LAW FIRM PsNNSY vnxu MARSHALL, DENNEHEY, WARNER, COLEMAN i GOGGIN Bethlehem Erie A P R O F E S S 1 O N A L C O R P O R A T I O N www.nimhAdennehey.com Harrisburg King of Prussia Philadelphia Pittsburgh Scra illianlport 1845 Walnut Street • Philadelphia, PA 19103-4797 W (215) 575-2600 • Fax (215) 575-0856 NEW JERSEY Cherry Hill Roseland Direct Dial: 215-575-2754 Email: dczap@mdwcg.com August 10, 2005 Robert A. Rapkin, Esquire KIMMEL & SILVERMAN, P.C. 30 E. Butler Pike Ambler, PA 19002 RE: Ronald Jones v. DaimlerChrysler Corporation CCP Philadelphia County; June Term, 2005; No. 1337 Our File No: 03043.4238 Dear Mr. Rapkin: DELAWARE Wilmington OHIO Akron FLORIDA Ft. Lauderdale Jacksonville Orlando Tampa Enclosed please find a copy of DaimlerChrysler Corporation's Petition 1.0 Transfer Venue for Forum NonConveniens in reference to the above matter, the original of which has been filed with the court. Kindly respond in accordance with the Pennsylvania Rules of Civil Procedure. Thank you for your courtesy and attention to this matter. Very truly yours, ID P. CZAP DPC:Ioj Enclosure \01 _21 \LIAB\DPC\C0RR\511361 \LOJ\03043\04238 C i Yb Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 Attorney for Plaintiff p 1NY RO Pap PUG 16 205 0/3 Pit C) PP ' 3. ? ?2 ryy RONALD JONES V. DAIMLERCHRYSLER CORPORATION COURT OF COMMON PLEAS PHILADELPHIA COUNTY CIVIL ACTION JUNE TERM, 2005 NO. 1337 PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT, DAIMLERCHRYSLER CORPORATION 53. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 54. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 55. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 56. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 57. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 58. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent: there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 59. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent: there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 60. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 61. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 62. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. 63. Denied. The allegations of this paragraph constitute a conclusion of fact and/or law to which no responsive pleading is required. However and to the extent there are any allegations contained herein, such allegations are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully demands judgment against Ddant in an amount equal to the contract price of the subject vehicle, plus all collateral charg94 and att)rney fees. KIMMEL & SIWERMAN, P.C. By: ?- RORBERT A. K111, ESQUIRE Attorney for P j?A ntiff 30 East Butler Pike Ambler, Pennsylvania 1900 (215) 540-8888 VERIFICATION Robert A. Rapkin, Esquire, states that he is the attorney for the Plaintiff herein; that he is acquainted with the facts set forth in the foregoing Answer to New Matter; and that same are true to the best of his knowledge, information and belief. penalties of 18 Pa. C.S. Section 4904 relating to unsw( the Attorney for Plaintiff Robert A. Rapkin, Esquire Identification No. 61628 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 COURT OF COMMON PLEAS PHILADELPHIA COUNTY CIVIL ACTION JUNE TERM, 2005 NO. 1337 RONALD JONES . V. . DAIMLERCHRYSLER CORPORATION CERTIFICATE OF SERVICE I, Robert A. Rapkin, Esquire, counsel for Plaintiff, do hereby certify that on August 15, 2005, I served all parties with true and correct copies of the foregoing Answer to New Matter, by placing same in the United States Mail, First Class, Postage Paid addressed as follows: David Czap, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 1845 Walnut Street Philadelphia, PA 19103-4797 KIMMEL & , P.C. ROBERA. ESQUIRE Identification 0.61 Attorney for Plaintiff 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 By: I I PHILADELPHIA COURT OF COMMON PLEAS PETITION/MOTION COVER SHEET FOR COURT USE ONLY SSIGNED TO JIJDGE: ANSWER/RESPONSEDATE: [ Do not send Judge courtesy copy of PetitioniAfotion/Anstvec/Response. atus may be obtained online at http: i/courts.phila.gov RONALD JONES VS. DAIMLERCHRYSLER CORPORATION INDICATE NATURE OF DOCUMENT FILED: ? Petition (Attach Rule to Show Cause) ? Motion ? Answer to Petition ?? Response to Motion CONTROL NUMBER: 05080957 (RESPONDING PARTIES MUST INCLUDE THIS NUMBER ON ALL FILINGS) June Term, 2005 Month Year No. 1337 Name of Filing Party: Plaintiff (Check one) ? Plaintiff ? Defendant (Check one) ? Movant ? Respondent Has another petition/motion been decided in this case? ? Yes Q No Is another petition/motion pending? Yes ? No If the answer to either question: is yes, you must identify the judge(s): TYPE OF PETITION/MOTION (see list on reverse side) PETITION/MOTION CODE (see list on reverse side) Petition to Transfer Venue MTTFR L CASE PROGRAM II. PARTIES Is this case in the (answer all questions): (Name, address and telephone number of all counsel of record and unrepresented parties. Attach a stamped addressed envelope for each A. COMMERCE PROGRAM attorney of record and unrepresented party.) Name of Judicial Team Leader: Robert A. Rapkin, Esq. Applicable Petition/Motion Deadline: Kimmel & Silverman, P.C. Has deadline been previously extended by the Court? 30 East Butler Pike ? Yes ? No B. DAY FORWARD/MAJOR JURY PROGRAM - Year Ambler, PA 19002 Name of Judicial Team Leader: 215-540-8888 Applicable Petition/Motion Deadline: Has deadline been previously extended by the Court? ?Yes ?No Kevin McKeon, Esq. C. NON JURY PROGRAM Marshall, Dennehey - Date Listed: ----___........................... -.-----..........-....--..--_.._..-----.........---._...._..__.._._........._..__...._...._.._........__... 1845 Walnut Street, 21st Floor D. ARBITRATION PROGRAM Philadelphia, PA 19103 Arbitration Date: 215-575-2684 E. ARBITRATION APPEAL PROGRAM Date Listed: ............................ ....._._..... . _.... .... ............................................. ............_..............._ F. OTHER PROGRAM: Date Listed: III. OTHER fill this .i..-..,nnf -A . h...l.,. th. ... .«., .. -ifi- ah,.a al.:.. .«,.«... I-A will be served upon all counsel and un moving party verifies that t answer answers. _.- r `(Attorney Signatu) The Petition, Motion No extension ofthe A 30-1061 (Rev. 4104) A repres a parties as required by rules of Court (see PA. R.C.P. 206.6, Note to 208.2(a), and 440). Furthermore, s e in are true and correct an understands that sanctions may be imposed for inaccurate or incomplete Cy Robert A. Rapkin, Esquire 61628 ed arty) (Dal (Print Name) (Attorney I.D. No.) or Response, if any, will be forwarded to the Court after the Answer/Response Date. unse Date will be granted even if the pa rties so stipulate. KIMMEL & SILVERMAN, P.C. Robert A. Rapkin, Esquire Attorney for Plaintiff NO.: 61628 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 RONALD JONES IN THE COURT OF COMMON PLEAS Plaintiff, : OF PHILADELPHIA COUNTY V. : JUNE TERM 2005 No. 1337 DAIMLERCHRYSLER CORPORATION Defendant. ORDER AND NOW, this _ day of , 2005, upon consideration of Defendant's Petition to Transfer Venue for Forum Non Conveniens and Plaintiff's Response thereto, it is hereby ORDERED and DECREED that the foregoing Petition is DENIED; pursuant to Pa. R.C.P. 1006(e). BY THE COURT: , J. KIMMEL & SILVERMAN, P.C. Robert A. Rapkin, Esquire Attorney for Plaintiff NO.: 61628 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 RONALD JONES IN THE COURT OF COMMON PLEAS Plaintiff, : OF PHILADELPHIA COUNTY V. : JUNE TERM 2005 No. 1337 DAIMLERCHRYSLER CORPORATION Defendant. PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO TRANSFER FOR FORUM NON CONVENIENS COMES NOW the Plaintiff, by and through attorneys Kimmel & Silverman, P.C., opposing Defendant's Petition to Transfer Venue for Forum Non Conveniens, and in support of said opposition, avers the following: 1. Admitted by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 2. Admitted. 3. Denied as a conclusion of law by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 4. Denied as a conclusion of law by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 5. Denied as a conclusion of law to which no further response is required by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 6. Denied as a conclusion of law by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 7. Denied. It is denied that the convenience to all parties would be greatly enhanced if this matter were moved to the Court of Common Pleas of Cumberland County. 8. Admitted by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 9. Admitted by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 10. Admitted by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 11. Admitted by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 12. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further response, Plaintiffs counsel and Defendant's counsel have litigated hundreds of these cases; in no instance is such discovery conducted. Plaintiff's discovery generally consists of interrogatories, requests for admissions, and subpoena of records from selling and servicing dealers, which is all conduct by mail. Accordingly, no one will be even inconvenienced by Plaintiff's choice of forum by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 13. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, see answer 12 above. Said discovery is ordinarily mailed pursuant to subpoena by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 14. Admitted in part, denied in part. Admitted in that Carlisle Chrysler Jeep and Cumberland Valley Motors is a franchise. Denied that DaimlerChrysler Corporation has no control over the records or employees of said franchise by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 15. Denied as a conclusion of law to which no further response is required by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 16. Denied as a conclusion of law to which no further response is required by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 17. Denied as a conclusion of law to which no further response is required by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 18. Denied. Plaintiff's Counsel and Defendant's Counsel have litigated hundreds of these cases in Philadelphia County by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 19. Denied. By way of further answer, see paragraphs 13 and 18 above by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). 20. Admitted in part, denied in part. Admitted in that Plaintiff's lawyers are not located in Philadelphia County. Denied in that any absence of connection between the case and Philadelphia County renders Plaintiff's choice of forum vexatious, oppressive, prejudicial and unduly burdensome. By way of further answer, the Pennsylvania Supreme Court recognized that lack of factual connection to Plaintiff' s forum does not make Plaintiff' s forum vexatious or oppressive. Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156, 162 (Pa. 1997) (claims by defendant that no significant aspect of the dispute occurred in Plaintiff's forum do not amount to showing that forum is vexatious or oppressive) by way of further answer improper venue shall be raised by Preliminary Objection and if not so raised shall be waived Pa. R.C.P. 1006(e). WHEREFORE, Plaintiff respectfully requests this Court Deny Defendant's Petition to Transfer Venue for Forum Non Conveniens pursuant to Pa. R.C.P. 1006(e). Respectfully Submitted, KIMMEL & SILVERMAN, P.C. Robert A. Rap Attorney for Ply 30 East Butler Ambler, PA I (215) 540-V88 KIMMEL & SILVERMAN, P.C. Robert A. Rapkin, Esquire Attorney for Plaintiff NO.: 61628 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 RONALD JONES IN THE COURT OF COMMON PLEAS Plaintiff, : OF PHILADELPHIA COUNTY V. : JUNE TERM 2005 No. 1337 DAIMLERCHRYSLER CORPORATION Defendant. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO TRANSFER FOR FORUM NON CONVENIENS FACTS Plaintiff bought a new 2003 Chrysler Sebring, manufactured and warranted by Defendant. Plaintiff sought repairs at Carlisle Chrysler Jeep and Cumberland Valley Motors in Pennsylvania. Plaintiff experienced several defects and nonconformities with respect to the vehicle. After several repair attempts, Defendant was unable to repair the vehicle. Thus Plaintiff contacted Kimmel & Silverman, located near Philadelphia. Plaintiff's Counsel has represented hundreds of clients in Philadelphia against Defendant. Ultimately Plaintiff, through her counsel, filed action against Defendant in the Philadelphia Court of Common Pleas. Plaintiff's Complaint alleges violations of the Pennsylvania Lemon Law, the Magnuson-Moss Warranty Act, and the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Despite the fact that Defendant has corporate offices less than thirty (30) minutes from Philadelphia., employs representatives whose practice is to travel and appear throughout the Pennsylvania and staff Philadelphia County arbitrations, and has retained counsel with primary offices in Philadelphia, Defendant has petitioned this Court to transfer this case to Cumberland County. Defendant's petition is untimely as Rule 1006(e) states: Improper venue shall be raised by Preliminary Objections and if not so raised shall be waived. ARGUMENT 1. Defendant has failed to raise improper venue by Preliminary Objection and therefore waives his right to do so pursuant to Pa. R.C.P. 1006(e). II. DEFENDANT FAILED TO SHOW PLAINTIFF'S CHOICE OF FORUM IS "VEXATIOUS AND OPPRESSIVE." A. Defendant failed to prove that Plaintiffs choice of forum is vexatious. It is well settled in this Commonwealth that Plaintiff has the right to choose the forum in which to bring suit (within the boundaries of the Rules of Civil Procedure). Although this choice is afforded great weight, this choice is not absolute. As Defendant did here, a party may challenge this choice asserting "Forum Non Conveniens." The Supreme Court of Pennsylvania stated that a Defendant petitioning for transfer of venue pursuant to forum nonconviens must prove that Plaintiff's choice of forum is "vexatious or oppressive". Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156, 162 (Pa. 1997). Traditionally, this is a very heavy burden for Defendant. Goodman v. Goodman v. Pizzutillo, 682 A.2d 363, 367 (1996). "Unless Defendant clearly adduces facts" that establish oppressiveness and vexation "as to be out of all proportion to Plaintiff's convenience... the Plaintiff's choice of forum should rarely be disturbed." Okkerse v. Howe, 556 A.2d 827, 831-32. In the case at hand, Defendant has failed to bear this difficult burden. Plaintiff's forum is "vexatious" only if Defendant can establish "with facts on the record that the Plaintiff's choice of forum was designed to harass the defendant, even at some inconvenience to the plaintiff himself'. Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156 at 162. There are no "facts on the record" which would indicate that Plaintiff's motives are to harass Defendant. Instead, said facts demonstrate that the choice was made to obtain cost free representation by a high quality firm without which the pursuit of there valid claims may have been too daunting or, in fact, an economic or practical impossibility. The willingness of Plaintiff to travel for this representation only highlights its value. Defendant argues that by requiring Defendant to travel over three (3) hours to pursue litigation, Plaintiff is attempting to harass Defendant. Defendant is a Corporation that regularly conducts businesses in Philadelphia County, has authorized service upon itself in Philadelphia County, and markets and sells products to Philadelphia County consumers. Defendant has corporate offices less than thirty (30) minutes from Philadelphia, employs representatives whose practice is to travel and appear throughout the Pennsylvania and staff Philadelphia County arbitrations, and has retained counsel with primary offices in Philadelphia. Defendant is not based in Cumberland County. There is no reason why Defendant will be required to travel three hours to pursue litigation. Accordingly, Defendant has offered no proof that Plaintiff s choice of forum is vexatious to Defendant. Indeed, it is defendant's attempt to change forum that is vexatious and designed to harass Plaintiff, despite substantial inconvenience to themselves. Defendant is an international corporation with corporate representatives covering the Philadelphia County area. Despite these contacts with and connections to Pennsylvania and Philadelphia County, Defendant is eager to substantially inconvenience its own representatives covering the Philadelphia County area and Philadelphia Attorneys to implement this novel means of defeating otherwise robust claims. B. Defendant failed to prove that Plaintiffs choice of forum is oppressive. Defendant failed to prove that Defendant's choice of forum is vexatious. Alternatively, Defendant may attempt to show Plaintiff's Choice of forum is "oppressive." Defendant must show oppressiveness by establishing on the record that "trial in Defendant's choice of forum would provide easier access to witnesses or other evidence." Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156 at 162. Citing the preceding language, Defendant argues that because the selling dealership, Defendant's witnesses, and records are all located in Kingston Defendant's choice of forum should prevail because it is more convenient. But Defendant has failed to include that the Supreme Court stated that mere inconvenience does not meet the Supreme Court's vexatious or oppressiveness standard. Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156 at 162.; Johnson v. Henkels & McCoy, Inc. v. Henkels & McCoy Inc., 707 A.2d 237, 239 (Pa. Super. 1997). Defendant argues that witness location makes Plaintiff's forum "oppressive". There are several reasons why Defendant's argument is unpersuasive. First, Defendant cites as support Dulaney v. Consilidated Rail Corp., 715 A.2d 1217 (Pa. Super. 1998), where the plaintiff s complaint was filed in Philadelphia County and the accident occurred in Ohio. In the instant case, all events occurred within Pennsylvania. Dulaney is distinguishable because, as a more recent case in Pennsylvania described, "this is not a case where the alleged tortuous conduct occurred in a distant sate or where the appellant resides in a foreign state." Hoose v. Jefferson Home Health Care, Inc., 754 A.2d 1 , 3 (Pa. Super, 2000). Secondly, Defendant has identified only one potential witness who might be inconvenienced. As previously mentioned, Defendant has corporate offices less than thirty (30) minutes from Philadelphia, employs representatives whose practice is to travel and appear throughout the Pennsylvania and staff Philadelphia County arbitrations, and has retained counsel with primary offices in Philadelphia. Thus Defendant has numerous witnesses available who are closer in proximity to Philadelphia County than the one witness identified. Finally, Plaintiff will not likely even subpoena any service technicians or managers from the selling dealership for attendance at trial or arbitration in this matter. If Plaintiff did resort to subpoenaing witnesses, Plaintiff s counsel will travel to take depositions in lieu of any necessary testimony from such witnesses. Regardless, travel from Luzerne County to Philadelphia is a mere inconvenience when considered against the backdrop of the Court in Dearlove v. Genzyme Transgenics Corporation, 2002 WL 1758354 (Pa. Com. PI). There the Court held that Philadelphia County is an inconvenient, but not an oppressive trip, for witnesses living and working in a location much further than Cumberland County. Thus, even if Plaintiff were to subpoena witnesses who live and work in Cumberland County for hearing, Plaintiff's forum is not oppressive to Defendant. Defendant also argues that the location and production of documents makes Plaintiff s forum oppressive to it. First, location of documents will not present an "insurmountable impediment" amounting to oppression. Id. All necessary records can be or already were obtained by subpoena prior to the instant Petition, and discovery is nearly over. Any additional documents can be sent through the mail. The location and production of documents hardly renders Plaintiff's forum inconvenient, much less oppressive. Defendant also argues that defense expenses will be greater in Philadelphia County. It is strongly denied that defense expenses would be significantly greater in Philadelphia County than in Cumberland County. Statements in the Affidavits supporting Defendant's petition that the witnesses must take time off from work in addition to expending money and effort to travel to and appear in Philadelphia, would, if true, constitute only some evidence of arguably slightly increased costs or inconvenience which should be borne by the Defendant in this unevenly matched consumer context. Defendant has only alleged or demonstrated inconvenience in this case. Nothing offered by Defendant changes the fact that Plaintiff's chosen forum will best "serve the interests of justice" in this important consumers' rights matter. See Alford v. Philadelphia Coca-Cola Bottling, 366 Pa. Superior Ct. 510, 513, 531 A.2d 792, 794 (1987) (it is up to the opposing party to show that the chosen forum would not serve the interests of justice). Since none of Defendant's mere inconveniences even remotely amount to oppression, under Cheeseman Defendant has not satisfied its burden and this Court should Deny Defendant's Petition to Transfer Venue. Finally, the Supreme Court requires that to prove a forum is vexatious or oppressive, Defendant must present such facts on the record. Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156 at 162. "The defendant bears the burden of establishing the need for a transfer by detailed information in his petition." Id. at footnote 8 (emphasis added). To establish "facts on the record", Defendant "must provide the names of the witnesses who will be called to testify, a general statement of what their testimony will cover, and an explanation of the hardships the witness would suffer if the matter remained in the Plaintiff's chosen forum." Dearlove v. Genzyme Trans eg nics Corporation, 2002 WL 1758354 (Pa. Com. PI) citing Johnson v. Henkels & McCoy, Inc. 707 A.2d 237, 240 (Pa. Super. 1997). If Defendant fails to establish the foregoing, the court must deny the petition for venue transfer based on Forum Non Conveniens. Dearlove v. Genzyme Transgenics Corporation, 2002 WL 1758354. Defendant has only identified one witness, Kieth Burliegh, who may be inconvenienced. As explained above, Plaintiff does not plan to subpoena Defendant's authorized dealer's service manager and thus his alleged "hardships" are irrevelevant. Nor does Plaintiff's Counsel ordinarily subpoena such employees. Defendant has failed to identify any other witnesses by name or the capacity in which they may testify. Defendant has provided no other sufficient "facts on the record" for this Court to consider and therefore, for this reason alone, Defendant's Petition must be denied. C. Lack of factual connection to Plaintiffs forum does meet the vexatious or oppressive standard of the Supreme Court of Pennsylvania. In its Memorandum of Law in support of its Petition to Transfer Venue, Defendant states "there is no relationship between the facts and allegations of this lawsuit and Philadelphia County." However, the Supreme Court recognized that lack of factual connection to Plaintiff's forum does not make Plaintiff's forum vexatious or oppressive. Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156 at 162. (claims by defendant that no significant aspect of the dispute occurred in Plaintiff's forum do not amount to showing that forum is vexatious or oppressive). Thus, the fact that Plaintiff live in and purchased the vehicle in Kingston should have no bearing on this Court's decision. III. PLAINTIFF'S CHOICE OF FORUM PROVIDES PLAINTIFF, THE CONSUMERS, WITH THE MOST EFFECTIVE REPRESENTATION. As previously noted, Plaintiff's choice of forum should rarely be disturbed by the grant of a Forum Non Conveniens petition. Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156 at 162. In cases such as this where Plaintiff is asserting claims under the Pennsylvania Lemon law, the Magnuson Moss Federal Trade Commission Improvement Act and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, utmost respect for Plaintiff's choice of forum is critical given the fundamental policies of these acts. The primary goal of these acts is to make "economically feasible" the otherwise unfeasible pursuit of actions by citizen consumers, even those of little economic value, for deception, fraud and/or breach of warranty disputes. The Pennsylvania and United States legislatures have sought to level the playing field so that the resources and business acumen of "goliath" defendant corporations do not unfairly dominate "David" Plaintiff or altogether prevent their entry on the field of battle. Craig v. Hyundai, U.S.D.C., E.E. Pa. 94-cv-5372 (June 26, 1995). Haines v. Hvundai, U.S.D.C., E.D. Pa. 94-cv-0768 (March 10, 1995). They seek to "permit aggrieved consumers to vindicate their rights when it might otherwise be economically infeasible to do so and to create a disincentive for manufacturers to ignore or resist valid claims for less than substantial amounts." McKinley v. Chrysler, U.S.D.C., E.D. Pa. 95-cv-2757 (1995). The "law[s] attempt ...to place on more equal terms seller and consumer. Commonwealth v. Monumental Properties, Inc., 329 A.2d 815 (Pa. 1974). Pennsylvania Courts have consistently recognized Kimmel & Silverman's reputation, expertise and extensive experience with pursuing claims under these consumer protection statutes. Haines v. Hyundai, U.S.D.C., E.D. Pa. 94-cv-0768 (March 10, 1995); Stitsworth v. Ford Motor Company, USD.C., E.D. Pa. 95-cv-5763 (February 12, 1996). Overs v. Chrysler, U.S.D.C., E.D. Pa. 95-cv-2715. Indeed, they have identified lemon law as Kimmel & Silverman's unique "niche" in the legal community. Posner v. Mitsubishi, U.S.D.C., E.D. Pa. 95-cv-6099 (May 23, 1996). To the best of the undersigned's knowledge, Kimmel & Silverman, P.C. represents more automobile warranty, lemon law and dealer unfair trade practices claims than any firm in the United States and does so at absolutely no charge to the client (no retainer fee, no contingency fee and no costs). Resource rich defendant corporations must not be allowed to deny consumer Plaintiff the myriad benefits of this high quality cost free representation through the ruse of a petition to transfer venue for the convenience of themselves and their witnesses. Finally, Defendant seeks delay. Defendant seeks to exploit its knowledge that meritorious cases litigated in Philadelphia County settle 99% of the time, that most of the remaining cases settle after the Philadelphia County arbitration (which Defendant knows is automatically scheduled for 8 to nine months after suit is filed in cases demanding $50,000.00 or less) and that Philadelphia arbitration panels, judges and juries understand the law in consumer vehicle warranty cases. Defendant is well aware that Cumberland County has no such experienced and/or expedient arbitration system and seeks transfer specifically to win the delay of at least 2 years until trial. Defendant's strategy is to cause any or all of the following through delay: (1) Plaintiff lose entitlement to recover because they must get rid of a vehicle which is too burdensome to maintain or unsafe to drive or (2) Plaintiff lose interest due to the rigors of litigation. Accordingly, as Defendant has failed to prove its burden that Plaintiff s forum is vexatious or oppressive, and Philadelphia County is better suited to meet the needs of the consumer Plaintiffs in this case, this Court should deny Plaintiff s Petition to Transfer for Forum Non Conveniens. CONCLUSION In light of the foregoing, Plaintiff respectfully request that this Honorable Court deny Defendant's Petition to Transfer Venue for Forum Non Conveniens. Respectfully submitted, KIMMEL & SILVERMAN, Kobert A. P Attorney for 30 East Butl Ambler, P Sylvania 19002 (215) 540-18888 + ? r KIMMEL & SILVERMAN, P.C. Robert A. Rapkin, Esquire Attorney for Plaintiff NO.: 61628 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 RONALD JONES IN THE COURT OF COMMON PLEAS Plaintiff, : OF PHILADELPHIA COUNTY V. : JUNE TERM 2005 No. 1337 DAIMLERCHRYSLER CORPORATION Defendant. CERTIFICATE OF SERVICE I, Robert A. Rapkin, Esquire, counsel for Plaintiff, do hereby certify that I served all parties with true and correct copies of the foregoing response, on August 15, 2005, by First Class Mail, Postage Pre-paid, addressed as follows: David Czap, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 1845 Walnut Street Philadelphia, PA 19103 KIMMEL & SIL By: Robert A. Rap s ire Attorney for P intiff 30 East But Pike Ambler, P Sylvania 19002 (215) 54 -8888 4 A VERIFICATION ROBERT RAPKIN, ESQUIRE states that he is the attorney for the Plaintiff herein; that he is acquainted with the facts set forth in the foregoing Response; that same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsifications to authorities. Robert A.-'P Attorney for 30 E. Butlc/, 1 Ambler, 19002 (215) 5,4)f-8888 t- ) J i Curtis R. Long Prothonotary (office of the i9rotbonotarp 11 Renee K. Simpson Cumbeflanb QCoutttp Deputy Prothonotary John E. Slike Solicitor 05- .SqL CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573