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Home My WebLink About95-02042 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSA SOLER, Plaintiff WILLIAM WESSELS AUTO, INC., HARRY LAUGHMAN, Defendants NO. 95- CIVIL TERM COMPLAINT The plaintiff Rosa Soler sets forth her Complaint as follows: PARTIES 1. The plaintiff Rosa Soler is an individual residing at 411 West North st., Apartment 5, Carlisle, Cumberland county, Pennsylvania 17013. 2. The plaintiff is the purchaser of a used motor vehicle. 3. The defendant William Wessels Auto, Inc. is an unincoproarated used car dealer whose principal place of business is at 73 East Main street, New Kingston, Pennsylvania. 4. The defendant Harry Laughman is the manager of William Wessels Auto, Inc. and directed, controlled and participated in the activities of defendant William Wessels Auto, Inc. described below. COUNT 1 FRAUD 5. On May 2, 1994, the plaintiff went to william Wessels Auto, Inc. to purchase a vehicle. 6. The plaintiff told defendant Harry Laughman that she was looking for a good reliable car. 7. The plaintiff selected a 1982 Dodge charger and asked defendant Harry Laughman if the car was in good working condition. 8. Defendant Harry Laughman answered that it was in good working condition. Defendant Harry Laughman knew this answer was untrue and that the car was not safe to drive, and he intended that the plaintiff rely on his representation to her detriment. 9. Defendant Harry Laughman made this representation acting as an agent of William Wessels Auto, Inc. 10. The plaintiff reasonably relied upon the false representation in deciding to purchase the vehicle. 11. On Hay 2, 1994, the plaintiff purchased the vehicle for a purchase price of $1200.00. The plaintiff paid a downpayment of $350.00 plus the cost of title, tax, registration, and fees in the amount of $146.00. 12. The balance of the purchase price was to be paid in bi- weekly installments of $70.00. 13. Within a week of the plaintiff's purchase of the vehicle, its brakes went out, endangering both the plaintiff and her son. At that time, the plaintiff took the vehicle to an independent mechanic and discovered that: a. the brakes were rusted through. b. the frame was not properly welded. c. the vehicle was unable to pass state inspection 14. As a result of learning this information, the plaintiff feared the car was unsafe to drive. . . 15. Had the plaintiff known the true condition of the vehicle, she would not have purchased it. 16. The plaintiff returned the car to defendant William Wessels Auto, Inc., and an agent of William Wessels Auto, Inc. agreed to repair the brakes and frame. 17. When the plaintiff picked up the vehicle, the repairs had not been made to the frame, and the plaintiff was told that the frame was her problem. 18. As a consequence of the plaintiff's reliance on the defendant's false representations, she has been damaged in the amount of all sums expended toward the purchase and repair of the car. 19. The defendant's acts in misrepresenting the condition of the car were outrageous because of the defendant's evil motive and reckless indifference to the plaintiff's rights and safety. COUNT II BREACH OF EXPRESS WARRANTY 20. The plaintiff repeats and incorporates by reference all preceding averments in this Complaint. 21. Defendant Harry Laughman's statements regarding the condition of the vehicle created an express warranty. 22. As a result of the car's nonconformity with this warranty, the plaintiff has been damaged in the amount of the difference in value between the car promised and the car received. COUNT IV VIOLATION OF THE MOTOR VEHICLE SALES FINANCE ACT 28. The plaintiff repeats and incorporates by reference all preceding averments in this complaint. 29. The plaintiff entered into a motor vehicle installment sale contract as defined by 69 Pa. Stat. Ann. S 603 (1955), which is governed by the Motor Vehicle Sales Finance Act (hereinafter referred to as MVSFA) , 69 Pa. stat. Ann. S 601 (1955) et sea.. in that she agreed to pay $70.00 biweekly until her vehicle was paid in full. 30. The defendant failed to provide the plaintiff an installment sales contract as required under 69 Pa. Stat. Ann. S 614 (1955), and failed on any document provided to state information required by law to be provided in an installment sales contract such as: a. The seller's address. b. The principal amount financed. c. The finance charge. d. A summary notice of the buyer's principal legal rights respecting prepayment of the contract, rebate of finance charges and reinstatement of the contract in the event of repossession. e. Specific provisions as to the buyer's liability respecting default charges, repossession and sale of the motor vehicle in case of default or other breach of contract. 31. The only document provided to her concerning any of the required contract information are attached as Attachments A and B. 32. When the vehicle was repossessed, the defendants failed to furnish immediately to the plaintiff a written "notice of repossession" as required by 69 Pa. Stat. Ann. S 623(0) (1955), and the defendants have still provided no such notice. COUNT IV VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 33. The plaintiff repeats and incorporates by reference all preceding averments in this Complaint. 34. The defendant William Wessels Auto, Inc. is engaged in "trade or commerce" as defined by the Unfair Trade practices and consumer protection Law, 73 Pa. Stat. Ann. S 201-1 (1955) et W!9. 35. The defendant William Wessels Auto, Inc. is a motor vehicle dealer as defined in the regulations governing Automotive Industry Trade Practices, 37 Pa. Code S 301.1 (1955) et sea., and is subject to those regulations. 36. The defendants have violated the unfair Trade practices and Consumer Protection Law, 73 Pa. Stat. Ann. S 201-1 (1955) et W!9., and the regulations promulgated pursuant thereto, by engaging in unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce, as follows: a. The defendants violated 37 Fa. Code S 301.2(5(iii) and 73 Fa. stat. Ann. S 201-2(4) (v) and (vii) in representing the motor vehicle to be of one quality when it was of another and in offering for sale a vehicle which was not roadworthy or able to pass state inspection. b. The defendants violated 37 Fa. Code S 301.5(ii) by making statements that the motor vehicle was in good condition when in fact it was in a dangerous condition. c. The defendants attempted to disclaim the implied warranty of merchantability without following the procedures set forth in 37 Pa. code S 301.4(9). d. The defendant violated 73 Pa. stat. Ann. S 201- 2(4) (xvii) by taking money from the plaintiff for registration, taxes, title, and lien recordation and failed to forward some or all of these fees to the Pennsylvania Department of Transportation. COUNT V VIOLATION OF THE TRUTH IN LENDING ACT 37. plaintiff repeats and incorporates by reference all preceding averments in this complaint. 38. The contract for sale required the plaintiff to make more than four installment payments, rendering this transaction a consumer credit transaction subject to the Truth in Lending Act (hereinafter TILA), 15 U.S.C. S 1601 et sea., and Regulation Z, 12 C.F.R. S 226.1 et sea. 39. The defendants failed to provide the disclosures required by the TILA and Regulation Z. l ... " .., 7z...,~(7 17q.j . r\ )( , J+,j)C;~ '7i!3 "2";. 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' , .~":'f .' r'- ".""",,'fI' . ., ......... ,,,,;;':,,,.~,,,.,:~ ""., '.. -~", ...... Certificates of Deposit: None Real Estate (including home): Motor vehicle: Make None Cost stocks; bonds: None other: None (f) Debts and obligations Mortgage: None Rent: $126.00/mo. Loans: None Monthly Expenses: qroceries- $40.00. electric- $70.00 Telephone - $30.00. Diapers - $40.00 None Year Amount owed (g) Persons dependent upon you for support Husband Name: Enrique Soler Children, if any: Name: Danielle Age: 9 vrs. Enrique Soler Age: 18 mos. 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are