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Home My WebLink About05-5533 PAGE 1 REPORT : ZDRDOCT First Judicial District RUN DATE 09/27/05 USER ID: JPM CIVIL DOCKET REPORT RUN TIME 03:01 PM CASE ID 050501290 ---------D CASE NUMBER CASE CAPTION 050501290 SYPHAX VS KIA MOTORS AMERICA INC FILING DATE COURT LOCATION JURY 09-MAY-2005 AR AC N CASE TYPE: CONTRACTS OTHER STATUS: ORDER/TRNSF OTHER JURISDICTION Seg # ASSOC Expn Date Type ID Party Name / Address & Phone No. 1 APLF A57100 KIMMEL, CRAIG T 30 E BUTLER PIKE AMBLER PA 19002 (215)540-8888 2 1 PLF @5212765 SYPHAX, THEODORE 73 PARTRICGE CIRCLE CARLISLE PA 17013 3 4 DFT 112187 KIA MOTORS AMERICA INC C/O CT CORPORATION SYSTEM 1635 MARKET STREET PHILADELPHIA PA 19103 4 ADFT A49458 MCELVAINE, BRYAN CHESTERBROOK CORPORATE CENTER 960 LEE ROAD SUITE 300 WAYNE PA 19087 (610)964-1900 (610)964-1981 - FAX Filing Date / Time Docket Entry Date Entered 09-MAY-05 16:06:25 COMMENCEMENT OF CIVIL ACTION 12-MAY-05 KIMMEL, CRAIG T 09-MAY-05 16:06:25 COMPLAINT FILED NOTICE GIVEN 12-MAY-05 KIMMEL, CRAIG T COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. ASSESSMENT REQ'D. 09-MAY-05 16:06:25 SHERIFF'S SURCHARGE 1 DEFT 12-MAY-05 KIMMEL. CRAIG T .J ? REPORT : ZDRDOCT First Judicial District USER ID: JPM CIVIL DOCKET REPORT CASE ID 050501290 Filing Date / Time Docket Entry 09-MAY-05 16:10:00 ACTIVE CASE 12-MAY-05 16:08:58 ARBITRATION HEARING SCHEDULED PAGE 2 RUN DATE 09/27/05 RUN TIME 03:01 PM Date Entered 10-MAY-05 12-MAY-05 06-JUN-05 16:16:05 AFFIDAVIT OF SERVICE FILED 06-JUN-05 OF COMPLAINT BY PERSONAL SERVICE UPON DEFENDANT KIA MOTORS AMERICA INC C/O CT CORP ON 5/12/05. 09-JUN-05 13:07:00 ENTRY OF APPEARANCE FILED 10-JUN-05 MCELVAINE, BRYAN ENTRY OF APPEARANCE OF BRYAN MCELVAINE FILED ON BEHALF OF DFT KIA MOTORS AMERICA INC. 09-JUN-05 13:08:00 ANSWER TO COMPLAINT FILED 10-JUN-05 MCELVAINE, BRYAN ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER FILED BY DEFENDANT KIA MOTORS AMERICA INC. 12-SEP-05 12:52:40 ORDER/TRNSF OTHER JURISDICTION 12-SEP-05 ACKERMAN, NORMAN IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES, THE CAPTIONED MATTER SHOULD BE TRANSFERRED TO CUMBERLAND COUNTY WITH EXPENSES OF THE TRANSFER TO BE BORNE BY PLAINTIFF... 9/12/05 BY THE COURT: JUDGE NORMAN ACKERMAN 20-SEP-05 12:56:00 PRAECIPE/TRNSFER OUT OF COUNTY 22-SEP-05 KIMMEL, CRAIG T PRAECIPE TO TRANSFER THE ABOVE CAPTIONED MATTER TO CUMBERLAND COUNTY FILED. * * * End of Docket * * * CEHIIf4EDFA0NfFiEAEGOROON OCT 7 2005 JOSEPH H.EVERS pROTHO ARYOFP DELPHLA COUNTY E? i L? I ?' ?JJII - Craig Thor Kimmel, Esquire Identification No. 57100 Vivian Benz Peikin, Esquire Identification No. 80375 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 Attorneys for Plaintiff THEODORE SYPHAX COURT OF COMMON PLEAS Plaintiff PHILADELPHIA COUNTY CIVIL ACTION V. NO. 1290 KIA MOTORS AMERICA, INC.. MAY TERM, 2005 Defendant PRAECIPE TO TRANSFER TO CUMBERLAND COUNTY TO THE PROTHONOTARY: On September 12, 2005, the Court Ordered the Captioned Matter should be Transferred to Cumberland County by Stipulation by the Parties. Expenses of Transfer to be Borne by Plaintiff. PLEASE PROCESS THE TRANSFER. Date: September 15, 2005 m Y. L?1 f; [JI n O m W H fT 3 - i 7 r? (?7 fJ c ?n m -+ ? .y s a a m 'S g W Z Attorney for Plaintiff Craig Thor Kimmel, Esquire Identification No. 57100 Vivian Benz Peikin, Esquire Identification No. 80375 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 Attorneys for Plaintiff THEODORESYPHAX Plaintiff V. KIA MOTORS AMERICA, INC.. Defendant COURT OF COMMON PLEAS PHILADELPHIA COUNTY CIVIL ACTION NO. 1290 MAY TERM, 2005 Defendant CERTIFICATE OF SERVICE I, Vivian Benz Peikin, Esquire, counsel for Plaintiff, do hereby certify that I served all parties with true and correct copies of the foregoing Praecipe to Transfer placing same in the United States Mail, First Class, Postage Paid addressed as follows: Bryan D. McElVaine, Esquire CAMPBELL CAMPBELL EDWARDS & CONROY 690 Lee Road, Suite 300 Wayne, PA 19087 KIMMEL & SILVE", P.C. By: w? Vivian Benz Peikin Identification No. 80375 Attorney for Plaintiff 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 Date: September 15, 2005 Case Description Case ID: 050501290 Case Caption: SYPHAX VS KIA MOTORS AMERICA INC Filing Date: Court: Location: Jury: Case Type: Status: Related Cases Monday , May 09th, 2005 AR - ARBITRATION AC - ARBITRATION CENTER N - NON JURY 10 - CONTRACTS OTHER ORTRJ - ORDER/TRNSF OTHER JURISDICTION No related cases were found. Case Event Schedule No case events were found. Case Parties Seq # Assoc rExpn Date Type ID Name 1 ATTORNEY FOR PLAINTIFF A57100 KIMMEL, CRAIG T Address: 30 E BUTLER PIKE AMBLER PA 19002 Aliases: [------ none [ 2 ? ? PLAINTIFF @5212765 SYPHAX, THEODORE [Address: 73 PARTRICGE CIRCLE CARLISLE PA 17013 Aliases: none 3 4 DEFENDANT I121V KIA MOTORS _ F- F- ? F-- AMERICA INC Address: C/O CT Aliases: none CORPORATION SYSTEM 1635 MARKET STREET PHILADELPHIA PA 19103 i 4 ATTORNEY A49458 MCELVAINE, FOR BRYAN DEFENDANT Address: CHESTERBROOK Aliases: none CORPORATE CENTER 960 LEE ROAD SUITE 300 WAYNE PA 19087 (610)964-1900 Docket Entries Filing Date/Time Docket Type F Filing Party F Disposition Amount 09 MAY-2005 VIL - KIMMEL, CRAIG 04:06 PM OMMENCEMENT OF r T --- ACTION cVIL Docket ---' Entry. none. 09-MAY-2005 CMPLT - COMPLAINT [KIMMEL, CRAIG 04:06 PM FILED NOTICE GIVEN COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY Docket Entry: (20) DAYS AFTER SERVICE IN ACCORDANCE I n19 1 FTT FT) AS4FRRMFNT RFCI'T) WITH RULE F 09-MAY-2005 G' - SHERIFF'S F KIMMEL, CRAIG 0406 PM CHA RGE 1 DEFT SUR T Docket Entry: Fnone. 09-MAY-2005 ACTIV - ACTIVE CASE 04:10 PM Docket Entry: none. 12-MAY-2005 CLAHS - ARBITRATION 04:08 PM HEARING SCHEDULED Docket Entry: none. 06-JUN-2005 AFDVT - AFFIDAVIT OF 04:16 PM SERVICE FILED Docket OF COMPLAINT BY PERSONAL SERVICE UPON Entry: DEFENDANT KIA MOTORS AMERICA INC C/O CT CORP ON 5/12/05. 09-JUN-2005 ENAPP -ENTRY OF MCELVAINE, 01:07 PM APPEARANCE FILED BRYAN Docket ENTRY OF APPEARANCE OF BRYAN MCELVAINE FILED Entry: ON BEHALF OF DFT KIA MOTORS AMERICA INC. 09-JUN-2005 ANCOM - ANSWER TO MCELVAINE, 01:08 P M M COMPLAINT FILED BRYAN FIF o ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW i D MATTER FILED BY DEFENDANT KIA MOTORS AMERICA TNTC Page 1 of 1 ? Search Home ? New Search ? Search Help ? Case Description 12-SEP-2005 ORTRJ - ORDER/ TRN ACKERMAN, 12:52 PM OTHER JURISDICTION NORMAN IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES, THE CAPTIONED MATTER SHOULD BE Docket TRANSFERRED TO CUMBERLAND COUNTY WITH Entry: EXPENSES OF THE TRANSFER TO BE BORNE BY PLAINTIFF ...9/12/05 BY THE COURT: JUDGE NORMAN ACKERMAN http://fjdweb2.phila.gov/fjjdl/repll /zk_fjd_public_gry_03.zp_dktrpt_toc.html 9/15/2005 SOOZ/S i/6 i u'oo ;?7?IP dz'£0 ?zb-oggnd PCB Iz/Ildai/iP4/eo3•UI?ud'Z9aMP3//:d11u TOM 1945004 u?i iaosap ase? ? asn 1e9Wo iq ION JG0810sip of saaj6Vpjdaooy iasn saiVed ase? 4 IaHeaS 4 Wnpayos lusr. 4 yoJeaS N.aN 4 sase5 palaR awoH 4Paeas i 3o I a2'ad Craig Thor Kimmel, Esquire Vivian Benz Peikin, Esquire Identification Nos. 57100 and 80375 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 Attorneys for Plaintiff THEODORE SYPHAX V. KIA MOTORS AMERICA, INC. ORDER COURT COMMON PLEAS OF PHILADELPHIA COUNTY: MAY TERM, 2005 NO. 1290 STIPULATION TO TRANSFER TO CUMBERLAND COUNTY It is hereby stipulated and agreed by the parties and counsel for the parties, the Captioned matter should be TRANSFERRED TO CUMBERLAND COUNTY with expenses of the transfer to be borne by Plaintiff. ORVILLE WALLS, ESQUIRE ATTORNEY FOR DEFENDANT COPIES SEN PURSUANTTOP3B ..236(b) SEP 2005 FIRSTJUDIC CT OF PA USER QOMA114" LlIeR SEP 12 2005 L RYANT-DAVIS VIVIAN PEIKIN, ESQUIRE ATTORNEY FOR PLAINTIFF BY THE COURT: f _ Craig Thor Kimmel, Esquire Vivian Benz Peikin, Esquire Identification Nos. 57100 and 80375 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 THEODORE SYPHAX V. KIA MOTORS AMERICA, INC. ORDER Attorneys for Plaintiff COURT COMMON PLEAS OF PHILADELPHIA COUNTY: MAY TERM, 2005 NO. 1290 STIPULATION TO TRANSFER TO CUMBERLAND COUNTY It is hereby stipulated and agreed by the parties and counsel for the parties, the Captioned matter should be TRANSFERRED TO CUMBERLAND COUNTY with expenses of the transfer to be borne by Plaintiff. ORVILLE WALLS, ESQUIRE VIVIAN PE KIN, ESQUIRE ATTORNEY FOR DEFENDANT ATTORNEY FOR PLAINTIFF BY THE COURT: J. O ROBERT M. SILVERMAN' - ' JACQUELINE C HERRIT " CRAIG THOR KIMMEL-' XnT R ?1F`/T, e ?1K?T1 KIMMEL& SILVERM 11\ N. RAPKM' VIVIAN IAN BENZ NZ RA PEIKIN- AMYD COX" Member. PA Bar P.C LOUIS DOBI, JR" ' Memb,, NJ Bar SHANNON M. RYAN" ' Member, DE Bar SUSANNE KIMBERLAND' Member, NYBar ' 1-800-LEMON LAW HILARY K. WHEATLEY' ' Member, MA Bar THOMAS F. BURNS "Member MD Bar ww W.Iem0111aw.Corn BARRY R. WMDERMAN' Member, OH Bar CHRISTME N. DANTONIO"' CORPORATE HEADQUARTERS 1ENMFER R HURVITZ"' Butler Pike JACQ 30 E UELINE BRADFORD PORRW ' . JENNIFER L. MEADE Ambler, PA 19002 P (215)540-8888 F (215) 540-8817 WESTERN PA OFFICE, 210 Grant Street, Suite 202, Pittsburgh, PA 15219, P (412) 566-1001, F (412) 566-1005 NEW JERSEY OFFICE, Executive Quarters, 1930 E. Marlton Pike, Suite TI I, Cherry Hill, NJ 08003, P (856) 429-8334, F (856) 216-7344 MARYLAND OFFICE, 10451 Mill Run Circle, Suite 400, Owings Mills, MD 21117, P (410) 356-3835, F (410) 356-8896 DELAWARE OFFICE, 501 Silverside Road, Suite 118, Wilmington, DE 19809, P (302) 791-9373, F (302) 791-9476 MASSACHUSETTS OFFICE, 45 Pond St, Suite 202, Norwell, MA 02061, P (781) 982-9112, P (781) 982-9114 PLEASE REMIT ALL CORRESPONDENCE TO THE AMBLER OFFICE September 8, 2005 BY HAND DELIVERY Ms. Mary McGovern Complex Litigation RECEIVE[ 622 City Hall Philadelphia, PA. SEP 0 9 2005 RE: Stipulation to Transfer COMPLEX LIT CENTER Syphax v Kia, Docket No. 1290, May Term, 2005 Dear Ms. McGovern: Attached please find a Stipulation to Transfer the captioned matter to Cumberland County signed by counsel for both parties. I would ask that you have the Order signed by a judge and docketed. I enclose a self-addressed stamped envelope for return of the docketed Order. Thank you for your courtesy. Very truly yours, Vivian Benz Peikin rt of Common Pleas of Philadelphia County Co For Prothonotary Use Only (Docket Num r u Trial Division Civil Cover Sheet PLAINTIFF'S NAME Theodore Syphax DEFENDANT'S NAME KIA Motors America, Inc. Crii.i.,? 9Ip PLAINTIFF'S ADDRESS 73 Partricge Circle DEFENDANT'S ADDRESS c/o CT Corporation Carlisle, PA 17013 1515 Market Street Suite 1210 Philadelphia, PA 19002 _ PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'SADDRESS DEFENDANT $ADDRESS PLAINTIFF'S NAME DEFENDANT'S NAME PLAINTIFF'SADDRESS DEFENDANT'S ADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL NO. OF DEFENDANTS COMMENCEMENT OF ACTION ® Com plaint ? Petition Action ? Notice of Appeal 1 1 ? 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 (BEE 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'SPETITIONERVAPPELIANT'S ATTORNEY ADDRESS (SEE INSTRUCTIONS) Craig Thor Kimmel & Silverman, P.C. Kimmel T? P k tl 30 E t PHONE NUMBER FAX NUMBER i e Bu er as (215) 540-8888 (215) 540-8817 Ambler, PA 19002 SUPREME COU ENTIFICATION NO. E-MAILADDRESS 5 ckimmel@lemonlaw.com SISI AT? DATE May 9, 2005 Craig Thor Kimmel, Esquire Identification No. 57100 Jacqueline C. Herritt, Esquire Identification No. 79554 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 THEODORE SYPt 73 Partridge Circle Carlisle, PA 17013 V. KIA MOTORS AMERICA, INC. c/o CT Corporation 1515 Market Street, Suite 1210 Philadelphia, PA 19103 ARBITRATION HEARING 1EEOJFK [3:v I, 5`.h Floor Phila., PA I U 1 U3_-? lt? -3a-oS COMMON PLEAS 'HIA COUNTY CIVIL ACTION NOTICE TO DEFEND CODE: 1900 MAY 2005 G'UT' "go 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 ban demandado a usted en la corte. Si usted quiere defenderse de estas de esta paginas signientes, usted tiene veinte (20) dias de plazo al partir de is fecha de la detn falta asentar una comparencia escrita o en persona o con on abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de so 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 demandame y requiere quo usted cumpla con todas ]as 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 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. ATTORNEYS FOR PLAINTIFF THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS REQUESTED. SERVICIO DE REFERENCIA LEGAL ONE READING CENTER FILADELFIA, PA 19107 TELEFONO: 215-238-1701 Craig Thor Kimmel, Esquire Identification No. 57100 Jacqueline C. Herritt, Esquire Identification No. 79554 KIMMEL & SILVERMAN, P.C. 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 73 Partridge Circle Carlisle, PA 17013 V. KIA MOTORS AMERICA, INC. c/o CT Corporation 1515 Market Street, Suite 1210 Philadelphia, PA 19103 CIVIL ACTION COMPLAINT CODE: 1900 1. Plaintiff, Theodore Syphax, is an adult individual citizen and legal resident of the Commonwealth of Pennsylvania, 73 Partridge Circle, Carlisle, PA 17013. 2. Defendant, Kia Motors America, Inc., 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 2 Cornwell, P.O. Box 52410, Irvine, CA 92619-2410, and can be served at c/o CT Corporation, 1515 Market Street, Suite 1210, Philadelphia, PA 19103. BACKGROUND 3. On or about June 05, 2004, Plaintiff purchased a new 2004 Kia Amanti, manufactured and warranted by Defendant, bearing the Vehicle Identification Number KNALD124345018229. 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, ATTORNEYS FOR PLAINTIFF THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING IS REQUESTED. COURT OF COMMON PLEAS PHILADELPHIA COUNTY finance and bank charges, but excluding other collateral charges not specified, yet defined by the Lemon Law, totaled more than $32,389.92. 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 5-year / 60,000 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. Brenner Motors, Inc. 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 05, 2004, 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: no start condition. 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- 2 et seq. 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. KIMMEL & SIVERMAN. P.C. By: AIV THOR KI,MMEL, ESQUIRE Attorney for Plaintiff 30 East Butler Pike Ambler, Pennsylvania 19002 (215) 540-8888 V E R I F I C A T 1 0 N Craig Thor Kimmel, 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 statemer is made subject to the Penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsificatioR</o authorities. CRAIG THOR KIMMEL, ESQUIRE Attorney for Plaintiff DE"` faL. MOTORS INC. 1812 - 1830 Paxton. St. HARRISBURG, PA. 17104 717-232-4271 WXNEW or '] USED Di MO XXCAR ? TRUCK F'TOR . _ 11SE - VEP200 ".LAK IA Moo-hANTI "iMANTI co'811_VEi't TRlnl - SERIAL I`RNALD12434501822i; N/A -Mff'S`M'"KLfMAR e r MoDFtEDI)NA DOOR MINIV code UE VEHICLE PRICE REBATE Since the trade-In will continue to be driven by the owner after the order date and prior to penN90elivery, the normal use of any vehicle will cau")* decrease in value. A charge NET VEHICLE SELLING PRICE Of cents per mile, or a dollar amount of $ per month, prorated, will be deducted fronNo4kalue of the trade-In at dellvW pne. The trade-in value of the above listed car is $ _ as of this date - Dealer's Authorized N/f' Customer's N/A I, . R I TYI 7)249-1582 MUTUFL EXP DATE 53BG ALLOWANCE FOR TRADE-IN EXTENDED SERVICE PLAN TYPE: N/A MONTHS N/A MILES d'DSCLAIMER OF WARRANRES } '.?{(J?// Y - I UNDERSTAND THAT YOU (THE DEALER) ESSLY ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING MAPLIED WAR OF MERCHANT- ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THAT OU NEITHER ASSUME T NOR AUTHORIZE ANY OTHER PERSON TO ASSUME FOR YOU ANY LIABILITY IN CONNECTION WITH THE SALE OF THE VEHICLE, EXCEPT AS OTHERWISE PROVIDED IN WRITING BY YOU M AN ATTACHMENT TO THIS CONTRACT OR IN A DOCUMENT DELIVERED TO ME WHEN THE VEHICLE IS DELIVERED. ? AS IS THE MOTOR VEHICLE IS SOLD "AS IS" WrfHour ANY WARRANTY EITHER EXPRESS OR IMPLIED. THE PURCHASER WILL BEAR THE ENTIRE EXPENSE OF REPAIRING OR CORRECT- ING ANY DEFECTS THAT PRESENTLY PaST OR THAT MAY OCCUR IN THE VEHICLE CUSTOMER SIGNA' If you cancel this ordered, except as KNDUP131526315!OE our option, forfeit as Purchaser hereby acknowledges to the above clause. THE ORDER PRICE OF THE MOTOR VEHICLE CANNOT BE INCREASED AFTER THIS ORDER HAS BEEN ACCEPTED BY THE DEALER OR THE AUTHORIZED DEALER REPRESENTATIVE UNLESS THE INCREASE IS DUE TO THE PASSAGE OF A LAW OR REGULATION OF THE UNITED STATES OR THE COMMONWEALTH WHICH: REGISTW)9 REQUIRES ADDITION OF NEW EQUIPMENT TO CERTAIN VEHICLES: CHANGES IN TRANSPORTATION OR EXISTING TAX RATES: OR, IN THE CASE OF FOREIGN MADE VEHICLES, IS DUE TO ARE-EVALUATION OF THE UNITED STATES DOLLAR visa-vis THE CURRENCY OF THE COUNTRY OF MAN BALANCE UFACTURE. TOTAL PRICE OF VEHICLE THIS ORDER IS NOT BINDING UPON EITHER THE DEALER OR THE PURCHASER UNTIL SIGNED BY AN AUTHORIZED DEALER REPRESENTATIVE. YOU, THE BUYER MAY DEPOSIT CANCEL THIS ORDER AND RECEIVE A FULL REFUND ANY TIME BEFORE RECEIPT OF CASH ON ORDER A COPY OF THIS ORDER SIGNED BY AN AUTHORIZED DEALER REPRESENTATIVE BY PDO ENT CASH ON GIVING WRITTEN NOTICE OF CANCELLATION TO THE DEALER. DEUVERV I CERTIFY THAT I AM LEGAL AGE OR OLDER. I ACKNOWLEDGE RECEIPT OF A PAYOFF 20465.00 COPY OF THIS ORDER AND I ACCEPT THE TERMS AND CONDITIONS INCLUDING THE REVERSE SIDE OF THIS ORDER. _ ggLANCE O P?11 PURCHASER'S '_°""-''? 06/05/04 SIGNATURE DATE_ 06/05/04 ADDRESS EX ACCEPTED BY -:"?"tp_. - ^•T4. i Used Car Eruy€-s-GuiRV'.-^'rke information you see on the window form. for this overrides any contrary provisions in the contract of sale. 20 00 11231. 00 SALES TAX (6%) 696. 42 LUXURY TAX /A PA. TIRE TAX 5. 00 NOTARY FEE /A MESSENGER FEE DOCUMENTARY FEE 55. 00 ON-LINE REG. FEE 1 ON-LINE DEALER FEE 12. TEMP. TAG FEE IC111M ENCUmJft 33. SIIDRN?- . 12420. NTA 500. 90809-016 on the window form s.,we.ra.ra.w ao,es.,..l BRENNER FAMILY OF DEALERSHIPS e Jeep® Oltlsmoblle BRENNER MOTORS, INC. 1812-30 Paxton St. P.O. Box 1955 Harrisburg, Pa. 17105 ,,....?? PHONE (717) 232-4:271 CHEVROLET MW CUSTOMER NO ADVISOR TAGNO INVOICE DATE ?- INVOICE NO n O '.. MILER C ?D?D4 b I OLK NO.SMZII •T?HEODORE SYPHAX 6018229 /3 PARTRIDGE CIRCLE YEAP/MAKEIMOD'E'LTI1.IILI.? 1T1 DELVERY ATE DELIVERY MILES PARTRIDGE CIRCLE V,ANIITAIMAgITI _ .. 1 / lµ_I uprlll° i7 'y. SELLNO EALER NO PRODUCTION DATE Ih r° ?eAR t CARLISLE, PA 19013. P. . . a R,o"tro. I I ?' R. D.?'DATE ` BUS" PRONE. ' ?I IM n:14 II ,aj9 i(I! A IA ??PAI1 II d?"'.I III 14? '? li, !.I II IVIr1 /r jl--IAWUA?? L .1 .i. "FAT ! :p . III G ", HN y y ''A k h ae IiuPr 1411 I'u ?I Ik l? ?fl?? 34I hdl llll le4t •I E? A. I 1 ayrl?l?.1111 L '? Iylfjk n .I n jl s nl I?' ?, ? g'"??' b s,. ra+ +3p +' ,y;x aY tp t° MILEAGE NJ MILEAGE OUT JOB/ 1 CHARGES "I $ h uAAA _....... •i..,..J_ a4 zi 3r' v.'x +i+^ z' it i? b4 ?`}.,Lt LABOR _ '» '?m* o- - ._•...._ x tT ? k#}%## ? F c. r r J/ 1 08DDZ .._- ELECTRICALb 'v 4X ea .''a? A axmx taa° zR• CUST STATES, CHX15CDR jlO, T V 'ITRIk?# Y 93860R00 N94 «? ? * +*?` AAft 7 TO 8 VbLT Of2TAN>EfQlipl=? AND SHORTED.OUT + , ??` fi?ta a "?.;°-,. #S,?r#t???~i re, ?A x CHECK BATFERY KE GOI ? x FQR.DRAW IN BCM. D I? ? ? RV> # °' ;CAI I Fn KIA TEC i?PAC? +3 FI??O? MO, `?'?* ?^" q?p ER I100? 1 >FOR ¢' ND? ?c h TO SWITCH.REPIAACE WITCH AND DRIAN AT THIS TI GE {}A 11 ?? ?J'?, PARTS ------ -93880 91=3FA00 I?uD gg 1' 821,91 . O ??k$" 1 ?y>F '?.Ma a?yyy < `gyp,, 'WARRANTY `fi a9 jka?'#dF"° N.S ,t 4U#I .. @+rc rlYC i 0.'fl0 f= y 4R 4D9"f trb?'A ab #4 u# 3 g 4 4 JOBi 1 TOTALS ........... s , rs Ls B`T?,rn.? a [#,, # k € ?? ? x Y ° ? ` JOB 1 JOURNAL FIX k§1 Jp6? 0 TOTAL 11.00 TCOFMENT$...... •.. . ?iTF TOTALS Y ?V#:#""a .n'+iK aadt3z aa..i T+ ?V e Visti us sling at Wi! BNNERDOOGE ?1 forlXY3?g°Infol ti gr DT .I.AB( '$re fief` e-toe 91a S ur*Suyt "" * 0 00 TOTi'ARTS y? ip*g` OTAt LEA pp 10, Ste aR E#i' ,.x. h`-. 0 OQ +z zxzY t 17 * C ] Casb [ ?<Ch is ti::A ;KKI ? Cr pT SCE A 0 00 n` AT "' [ 7 Visa [ 7'Iast"i'fii' w`fi+ ?vx ?? AX ;. D DOe j*4w0IW; 0.00 * C- ] DisaoveF 7 fIAC" x r ;x rpN?*p#Ax 4§%V ?q r fl k * Payment P Date:z wK { BY* &k4$p ?r fx 4 iY E Vehicle AeTeasedTo: ' IX e e ?;zw x - _ ' 1k 7Y ewd '*A 1'L ZZ"+'r'#Tfi "'t x b . CUSTOMER SIGNATURE: wz *y; i+ mB re PLAINTIFF'S y EXHIBIT tbt PAGE 1 OF 1 CUSTOMERl CDPY?,I? fi qq 4 5`?yyryy Efb1 OFINVOICE ?7p??5 py 03:55gn ???°4q," t?BIA Li?.jI?I?NTfSY L?{I^t.{/b'r ?'??W^44%i'6,W: rL•s BRENNER FAMILY OF DEALERSHIPS Jeep. A I Oldsmobile 73 PARTRIDGE CIRCLE f t JOB# 1 CHARGES ,,, .. 1000Z08 WONi''START •..,._ ST TES INE STATES N?Y1?77pp TRUNK LEFT /DR1AIlE NOW BATTERY T CHECK CIiIIRC 1KT1aANDLO CWRCf.RER BA Y °- [ 37110800, .31IRS ` t775 PARTS ...... gTY--•FP•NUMBER 1 371ig4F001f , , . SUBLET -•.PqF•- ........ VEND- iN*ji11 A 210441' 44$68 , .. R 28X J(4 1,TOTALi • >' ..... COMNTS ` ?TQW-Ix 1 JOURNAL BRENNER MOTORS, INC. 1812-30 Paxton St. P.O. Box 1955 Harrisburg, Pa. 17105 PHONE (717) 232-427711 CHMOLET T 1 PPODUGTION DATE mm+++v .I VUI A.1 4 ? .4 u ' r? .t C ] Visa, - [ ]{Mastt,,,p'H Afehicie Released`Fge R 4vi1 _.... r .gyp. ,. CUSTomER 51GNATURE PAGE 1 OF 1 CUSTOMERI) '*ft s •, :,.r:i" ?r AH dt .. za e /z ;r +'dz i ? Yx E ] 11:08am 3?t :? i fl_ED MAY x. 2 2005 Na MENEIL ?s- c' s c_ rn 0 0 ? N ..t Rt Q .-1 r rrp d KIMMEL & SILVERMAN, P.C. By: Craig Thor Kimmel, Esquire Identification No. 57100 30 East Butler Pike Ambler, PA 19002 (215) 540-8888 THEODORE SYPHAX V. KIA MOTORS AMERICA, INC. Attorneys for Plaintiff ry r.a r.'7 0 : COURT OF COMMON PLEAS. : PHILADELPHIA COUNTY = MAY Term, 2005 No. 001290 r; r rAFFIDAVIT OF SERVICE I, Lori Lee Harrison, a competent adult, being duly sworn according to law, depose and say that at 9:00 A.M., on May 12, 2005, I personally handed to Rosie Walsh, on behalf of KIA Motors America, Inc., 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. of the complaint issued in the above- FILED PRO FROTHY JUN 6 2005 E. HUSTON Sworn to and sub cr'bed before me t is day 005. ?.}w? A x P[ BI 4mbler is ?, Gomu+ CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. By: Bryan D. McElvaine, Esquire Attorney for Defendant, Identification No.: 49458 KIA MOTORS AMERICA, Chesterbrook Corporate Center 690 Lee Road, Suite 300 gpLN? Wayne, PA 19087 PPOP It ?O?h (610) 964-1900 'X\? 1 THEODORESYPHAX e,, S V. KIA MOTORS AMERICA, INC. COURT OF COMMON PLEAS PHILADELPHIA COUNTY MAY TERM, 2005 NO.: 001290 ENTRY OF APPEARANCE TO THE PROTHONOTARY: 0 s c: Kindly enter my appearance on behalf of defendant, Kia Motors America, Inc., in the above-referenced matter. CAMPBELL CAMPBELL EDWARDS & CONROY, P. C. Attorneys for Defendant, KIA MOTORS AMERICA, INC. CEL, By:c 'cz l 1 Bryan D cElvaine, Esquire m ro y yyy 'g -y p..o Y R J O 3` 3 f- 5? C ? 5 S J To: Plaintiff PPOa 1 ? ?0?`` S01 vs?o? You are hereby notified to file a written response to the enclosed Answer _ within twenty (20) days from service hereof or a judgment may be ente,-A,d against you. ?? - Atey or e endant CAMPBELL CAMPBELL EDWARDS & CONROY, P.C. By: Bryan D. McElvaine, Esquire Attorney for Defendant, Identification No.: 49458 KIA MOTORS AMERICA, INC. Chesterbrook Corporate Center 690 Lee Road, Suite 300 Wayne, PA 19087 (610) 964-1900 THEODORESYPHAX V. KIA MOTORS AMERICA, INC. N n COURT OF COMMON PLEAS zll PHILADELPHIA COUNTY MAY TERM, 2005 NO.: 001290 0 ANSWER OF DEFENDANT, KIA MOTORS AMERICA, INC. TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, Kia Motors America, Inc., by and through its counsel, Campbell Campbell Edwards and Conroy, P.C. hereby responds to plaintiff s Complaint and states as follows: 1. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. 2. Denied as stated. To the contrary, answering defendant, Kia Motors America, Inc., is a business corporation incorporated under the laws of the State of California with its legal residence and principal place of business located at 9801 Muirlands Boulevard, Irvine, CA 92618-2521 and is qualified to do business in the Commonwealth of Pennsylvania. BACKGROUND Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. 4. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. By way of further answer, Exhibit "A" is a writing that speaks for itself. 6. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. By way of further answer, answering defendant did not sell the vehicle to the plaintiff. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. By way of further answer, answering defendant did not sell the vehicle to the plaintiff. Admitted in part, denied in part. It is admitted that limited warranties were issued at the time of the original purchase of the vehicle. Any such warranties are in writing and speak for themselves. 9. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. 10. Denied. The averments of this paragraph constitute conclusions of law and therefore no responsive pleading is required. To the extent that the allegations contained in this paragraph might be held not to constitute conclusions of law, they are specifically denied and strict proof is demanded at time of trial. 11. Denied. The averments of this paragraph constitute conclusions of law and therefore no responsive pleading is required. To the extent that the allegations contained in this paragraph might be held not to constitute conclusions of law, they are specifically denied and strict proof is demanded at time of trial. WHEREFORE, answering defendant, Kia Motors America, Inc., demand judgment in its favor on all claims made in this case, together with attorneys' fees and costs. COUNTI LEMON LAW 12. Answering defendant incorporates by reference its answers to paragraphs 1 through 11 of plaintiff's Complaint, as though the same were fully set forth at length herein. 13. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 14. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 15. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 16. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 17. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 18. Admitted. 19. Admitted. 20. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. 21. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. 22. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. 23. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. 24. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. By way of further answer, Exhibit "B" is a writing that speaks for itself. 25. Denied. The averments of this paragraph constitute conclusions of law and therefore no responsive pleading is required. To the extent that the allegations contained in this paragraph might be held not to constitute conclusions of law, they are specifically denied and strict proof is demanded at time of trial. 26. Denied. The averments of this paragraph constitute conclusions of law and therefore no responsive pleading is required. To the extent that the allegations contained in this paragraph might be held not to constitute conclusions of law, they are specifically denied and strict proof is demanded at time of trial. 27. Denied. The averments of this paragraph constitute conclusions of law and therefore no responsive pleading is required. To the extent that the allegations contained in this paragraph might be held not to constitute conclusions of law, they are specifically denied and strict proof is demanded at time of trial. 28. Denied. With respect to all averments of loss, causation and damages, answering defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth and veracity of such averments. Each and every such averment is therefore denied, and strict proof of each and every item of loss and damage is demanded at time of trial. By way of further answer, it is expressly denied that plaintiffs are entitled to any damages. 29. Denied. With respect to all averments of loss, causation and damages, answering defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth and veracity of such averments. Each and every such averment is therefore denied, and strict proof of each and every item of loss and damage is demanded at time of trial. By way of further answer, it is expressly denied that plaintiffs are entitled to any damages. WHEREFORE, answering defendant, Kia Motors America, Inc., demand judgment in its favor on all claims made in this case, together with attorneys' fees and costs. COUNT II MAGNUSON-MOSS ACT 30. Answering defendant incorporates by reference its answers to paragraphs I through 29 of plaintiffs' Complaint, as though the same were fully set forth at length herein. 31. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 32. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 33. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 34. Denied as stated. Any applicable warranties are in writing and speak for themselves. 35. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 36. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. 37. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 38. Denied. After reasonable investigation, answering defendant is without sufficient knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, and therefore the same are denied. 39. Denied. With respect to all averments of loss, causation and damages, answering defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth and veracity of such averments. Each and every such averment is therefore denied, and strict proof of each and every item of loss and damage is demanded at time of trial. By way of further answer, it is expressly denied that plaintiffs are entitled to any damages. 40. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 41. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 42. Denied. With respect to all averments of loss, causation and damages, answering defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth and veracity of such averments. Each and every such averment is therefore denied, and strict proof of each and every item of loss and damage is demanded at time of trial. By way of further answer, it is expressly denied that plaintiffs are entitled to any damages. WHEREFORE, answering defendant, Kia Motors America, Inc., demand judgment in its favor on all claims made in this case, together with attorneys' fees and costs. COUNT III UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 43. Answering defendant incorporates by reference its answers to paragraphs 1 through 42 of plaintiff's Complaint, as though the same were fully set forth at length herein. 44. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 45. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 46. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 47. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 48. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 49. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 50. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 51. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. 52. Denied. With respect to all averments of loss, causation and damages, answering defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth and veracity of such averments. Each and every such averment is therefore denied, and strict proof of each and every item of loss and damage is demanded at time of trial. By way of further answer, it is expressly denied that plaintiff is entitled to any damages. WHEREFORE, answering defendant, Kia Motors America, Inc., demand judgment in its favor on all claims made in this case, together with attorneys' fees and costs. NEW MATTER 53. Plaintiff's sole rights, if any, are governed by the terms, provisions, remedies and limitations set forth in the express, written, Limited Warranty delivered to plaintiff at time of purchase of the subject vehicle. 54. Answering defendant did not sell the subject vehicle to the plaintiff and cannot be held liable for revocation of acceptance. 55. The damages allegedly sustained by the plaintiff may have been caused by the negligent actions or omissions of other individuals, and are due in no part to the breach of any warranty by answering defendant. 56. Plaintiff may have been subjected the vehicle to abuse, or misuse and/or may have been negligent relative to the use, maintenance and service of the subject vehicle, thus causing the vehicle behavior of which he complains of in his Complaint. 57. Plaintiff's complaints concerning certain operational characteristics of the subject vehicle, if proven to be true, do not substantially impair the use, value or safety of the vehicle. 58. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 59. If it is determined that the plaintiff is entitled to a refund of the purchase price of the vehicle in question, then answering defendant is entitled to a recoupment of the vehicle. 60. Plaintiff failed to avail himself of Kia's informal dispute resolution program prior to filing this lawsuit. 61. Plaintiffs claim may be barred in whole or in part by the applicable statute of limitations. WHEREFORE, answering defendant, Kia Motors America, Inc., demand judgment in its favor on all claims made in this case, together with attorneys' fees and costs. Respectfully submitted, CAMPBELL, CAMPBELL, EDWARDS & CONROY, P. C. Attorneys for Defendant, KIA MOTORS AMERICA, INC. l Dated: June 8, 2005 By: ? +Bryan.lvaine, Esquire VERIFICATION I, BRYAN D. McELVAINE, Esquire, being duly sworn according to law, do hereby state that I am the attorney for defendant, Kia Motors America, Inc., and am authorized to take this Verification on its behalf. I hereby verify that the statements contained in the within defendant, Kia Motors America, Inc.'s Answer to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to penalties to 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ` Bryan D. Elvaine, Esquire CERTIFICATE OF SERVICE I, BRYAN D. McELVAINE, Esquire, do hereby certify that service of a true and correct copy of the within defendant, Kia Motors America, Inc.'s, Answer to Plaintiff's Complaint was made to the below listed counsel VIA United States First Class Mail postage prepaid. Jacqueline C. Herritt, Esquire Kimmel & Silverman, P. C. 30 East Butler Pike Ambler, PA 19002 Attorney for Plaintiff Dated: June 8, 2005 d Bryan D. M lvaine, Esquire -- - ----------- - - -------------- CAMPBELL, CAMPBELL, 2376 EDWARDS $ CONROY P,C. 3 SOUTH BROAD ST., STE.2C - 55-?36P3?2 WOODBURY, NJ M95 Date- ? ?4 PH. 855.2513320 Pay tothe W c - P/} i(6P - ??? f $ ??t?•r c Order of ?1ljl Olin!CL ke) 40V ! Zf4f 'Dollars fi commerce, Bank.mMU•¦ At"I Cwmient Sane r C 800 YE&200 ?J`-l r For 1:031 013601: ?4 91.15 6U' 76 OGarYe Mmimvu (-J 71 ,.. SU ? d s J r Theodore Syphax Plaintiff VS. KIA MOTORS AMERICA, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.05-5533 CIVIL 2006 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jacqueline C. Herrit, Esquire counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 32 , 389.92 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three submitted. to whom the case shall be Herr ORDER OF COURT AND NOW, foregoing petition, Esq., and actions) as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action (or By the Court, 19, in consideration of the P.J. ?J "t" ,? c,r. ?? ?i Ti .?? Theodore Syphax Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.05-5533 CIVIL 2006 KIA MOTORS AMERICA, INC. Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jacqueline C. Herrit, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 32 , 389.92 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three orators to whom the case shall be submitted. I Herr ORDER OF COURT foregoing AND Esq., and`-X./I.Or actions) as prayed for. I/ in cons' eration of the Esq., Esq., are appointed arbitrators in the a captioned acuon (or By th t, ,.1 G .J. ` J : G1 ?c LO Ln o °' , LO Y r V N ? ?--? pt THEODORE SYPHAX, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIA MOTORS AMERICA, INC., DEFENDANT 05-5533 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and George B. Faller, Jr., Esquire, Chairman, shall be paid the sum of $50.00. ? Geor9a B. Faller Jr. Esquire Court Administrator h :sal 5g By the Co Edgar B. Bayley, ? ?.? ;.,. ?? ?' c Wa ?: ?> ?= z.,,.... ?„ ` }.. ? ..w _ . ? ? ?? ? _. ?' ;: _ w ?_ ?, ?,-" ?> ??? ?? '? r? THEODORE SYPHAX, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIA MOTORS AMERICA, INC., DEFENDANT 05-5533 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and George B. Faller, Jr., Esquire, Chairman, shall be paid the sum of $50.00. By the Co Edgar B. Bayley, J. /George B. Faller, Jr., Esquire Court Administrator 0j :sal 6, LL3