HomeMy WebLinkAbout95-04207
~
~
l
)'lS
f
~
~
t.r>
en
-
~ (~
..J~ \1....)
~ ~
j
,-
~
.-
=,:
,--
r4
,.,
,"l
1-
~
'" ~.::..J
~~
..)
r-.-,.J--;l
\ '" -.........
'---.
t..
=>
or.:;
C ;.\:.,
, -..2
''-......J
, .
_..u.. U)...u.....ltu... n.,.
0'.....0. a.u. .......1'r011.IWI. '"
~
~
.........
r--.
"l
~
c..."
~
rn
c()
-
~ ~ '10
I:::.;~G
I.. n......
SERBATf.LlI, SCllllfMAN III 8aoWN. r.c,
~1'11t 1M
lOiO ~"""'UH"Yl RII""
1b.,..,IUI,....rA 11110 .,tAJ
..
~~~
I": ~;:
8 t:;.
~ ~:
!j Ii '"
'" I!-
~J~
,
.
NANCY L. JUMPER,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1-1-- !; 2tJ7 (1-< tL,,"t.. \.1 i'_...-"v-.../
CIVIL ACTION - LAW
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISIONr
Defendant
:
:
HQ:C.I~E
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 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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
FOURTH FLOOR
CARLISLE, PA 17013
(717) 240-6200
NANCY L. JUMPERr
plaintiff
.
.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
VS.
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant
NOTICIA
USTED LE HAS SIDO DEMANDADO EN EL TRIBUNAL. si desea alegar
defensa alguna alas reclamaciones expuestas en las paginas
siguientes, usted debe ir a la audienca. Advertencia: de no
comparecer ante dicho tribunal, su caso sera decidido en su
ausencia y, sin mas notificacion, el tribunal puede dictaminar un
Decreto contra usted por cualquiera reclamacion 0 compensacion
alegada en la peticion. Usted puede perder dinero 0 propiedad u
otros derechos importantes a usted.
LLEVE ESTOS DOCUMENTOS A SU ABOGADO EN SEGUIDA. SI NO TIENE
UN ABOGADO 0 NO TIENE CON QUE PAGAR TAL SERVICIO, VISTE 0 LLAME A
LA SIGUEINTE DIRECCION.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
FOURTH FLOOR
CARLISLE, PA 17013
(717) 240-6200
NANCY L. JUMPER,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO.
: CIVIL ACTION - LAW
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant
.
.
:
COMPLAINT
AND NOW COMES Nancy L. Jumper, Plaintiff, by and through her
attorney Gary L. Rothschild, and the law firm of serratelli,
Schiffman and Brown, P,C'r who files this complaint and avers as
follows:
1. Plaintiff, Nancy L. Jumper, is an adult individual with
a current address of 13 West Harrisburg street, Dillsburg, York
county, Pennsylvania 17019.
2. Defendant, General Motors Corporation, Chevrolet Motor
Division, is a Delaware corporation with its principal place of
business in Detroit, Michigan and mailing address of P.O. Box 7047,
Troy, Michigan 48007-7047.
3. Forbes Chevroletr Inc. is a Pennsylvania corporation with
its principal place of business at 3400 Hartzdale Drive, Camp Hill,
Cumberland County, Pennsylvania 17011.
:jt.;,c
4. Forbes Chevrolet, Inc. is a licensed new car dealer
authorized to sell new automobiles by General Motors Corporation,
Chevrolet Motor Division.
5. On March 22, 1994, Plaintiff purchased a new and unused
1994 Chevrolet Geo Coupe, Vehicle Identification Number
2C1MR2460R6737962, from Forbes Chevrolet, Inc. for her personal and
family use and registered the vehicle in Pennsylvania. A true and
correct copy of the Sales Agreement is attached hereto and
incorporated herein as Exhibit" A" . A true and correct copy of the
security agreement is attached hereto and incorporated herein as
Exhibit "B".
6. The vehicle is designed to transport less than fifteen
persons.
7. The purchase price of the 1994 Chevrolet Geo Coupe
(hereinafter referred to as "the automobile" or "vehicle") was
$9,101.00.
8. Plaintiff traded in a 1984 Chevrolet coupe receiving a
trade-in allowance of $600.00.
9. Sales tax charged and collected on the sale of the
automobile amounted to $510.06. Title fees, documentary fees, lien
fees and transfer feesr associated with the sale of the vehicle
totalled $59.00. Life insurance premiums, in the amount of
$378.67, and finance charges totalling $1,611.73 were charged to
plaintiff.
The total amount paid by or to which plaintiff is
obligated to pay, is $11,660.47.
10. On or about April 9, 1994, after the vehicle had been
driven less than 500 miles, plaintiff noticed a whining noise when
driving the vehicle at approximatelY 30 mph and again when the
vehicle was traveling at approximately 55 mph.
In addition,
Plaintiff noticed a knocking soundr from the transmission, when the
vehicle was placed into reverse.
11. On numerous occasions, including May 2Br 1994, June 9,
1994 and september 1, 1994, plaintiff returned the automobile to
Defendant's agent, Forbes Chevrolet, Inc'r in an attempt to have
the automobile repaired.
!
12. In order to correct the whining and knocking noises
Forbes Chevrolet was to replace the trans axle in plaintiff's
automobile.
13. Forbes Chevrolet claims to have replaced the trans axle in
plaintiff's automobile on or about June 9, 1994.
14. Plaintiff's vehicle exhibited the same noises and
characteristics after the transaxle was allegedly replaced by
Forbes Chevrolet on or about June 9r 1994.
15. The vehicle was not repaired to plaintiff's satisfaction
and the dispute, as to the automobile's conditionr was submitted
to arbitration.
16. The arbitrator's decision denied Plaintiff's request for
repurchase of the automobile by Defendant.
17. The automobile still makes a whining noise at different
speeds and a knocking noise when placed into reverse.
COUNT I
VIOLATION OF PENNSYLVANIA'S AUTOMOBILE LEMON LAW,
73 P.S. 51951, ET. SEQ.
18. The averments of paragraphs one (1) through seventeen
(17) of this Complaint are hereby adopted by referenced and
incorporated herein.
19. The current condition of the automobile substantially
impairs it use, value and safety.
20. The current condition of the automobile does not conform
to the manufacturer's express warranty.
21. Defendant's agent, Forbes Chevrolet, Inc. attempted on
numerous occasions to repair the defects in the automobile
allogedly replacing the vehicle's transaxle.
22. Defendant's agent's attempts to repair the automobile
have been unsuccessful.
23. Plaintiff has demanded that Defendant repair or correct
the automobile's non-conformity.
24. Defendant has failed to correct or repair the non-
conformity of the automobile in conformity with Section 1954(a) of
the Automobile Lemon Law, 73 P.S. 51951, et. seq. As a result of
Defendant's failure to correct or repair the non-conformity in the
vehicle, Plaintiff has suffered damages, and continues to suffer
damages as a result of the impaired use, value and safety of the
vehicle.
WHEREFORE, Plaintiff demands judgment against Defendant and
demands that Plaintiff be refunded the purchase price of the
automobile less 10% personal use in the amount of $lr166.05 for an
amount due of $10r494.42 with costsr including attorneys fees, and
interest from the date of jUdgment.
COUNT II
VIOLATION OF PENNSYLVANIA'S UNFAIR TRADE PRACTICE
AND CONSUMER PROTECTION LAWr 73 P.S. 5201-1, ET. SEQ.
25. The averments of paragraphs one (1) through Twenty-Four
(24) of this Complaint are hereby adopted by referenced and
incorporated herein.
-
26. Defendant's violation of Pennsylvania's Automobile Lemon
Law, 73 P.S. 51951, et. seq. is a violation of the Unfair Trade
Practice and Consumer Protection Law.
WHEREFORE, Plaintiff demands judgment against Defendant in the
amount of treble damages which shall not exceed $25,000.00, the
jurisdictional amount requiring arbitration referral, with costs,
including attorneys fees and interest from the date of judgment.
Respectfully submitted,
re
17110
Attorney for plaintiff
Date:
7/;- /(...,-
)/(/:1;</ c( Q, 'i:1/' /
Nancy r' Jump;t' 'I
VERIFICATION
I verify that the statements made in the foregoing Petition
are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. e.s. section 4904, relating
to unsworn falsification to authorities.
6
EXHIBIT A
~~ ? lIe; /q'l
,
'O".~/A',~.'" MO. , .::T J M :>.,.,'< OAn
LUAL ,\ , II '.' I
/'" '- IIlUIICM,uU', UNI <;";-
CHEVROLET. INC. INY. . ..., .c."< ' '-/,.,.-i"'/~ t'oJll/. "2~.'7'
/..,! Ilr r..?' ~lIn' 'O~..
3400 H.lrtZ110Ie. Orlye .11 C,lpltill City Mall Omo ULIICO. 1" I",' Ie;
CAMP HILL, PA t 701 1 .:-;,..._CU' tun
"Phone 17171 761,,)600 ..., 1':11.
:'.:.... ... ...... I oJ
tAL.EI.....N! S HAWII: '\... I IIC,. 1'''0111 .UI. ~"O.I
~-:;:,. ,
--., !;:., / j. .~ ~'N- IgJ NEW 118I CAR ODEMO gOTHER? ,...
". ,~
PLEASE ENTER MY ORDER fOR. ~ USED 0 TRUCK YEAR c.., ~U MA I , I-c ( i -
..,08. OR .', BOOY ."
,- f)., COLOR ,C'" ~'v,,- TRIM (~f?~.... Lt;'"J/ ~~ER"'7)Z. ~ .
SERIES / :I/~~' TYPE ^_
, I ,\,~ f ,~...1
-S f2..~ i'i'-l S!RIAL NO.
TO BE DELIVERED ON OR ABOUT 19 ;z"C.l f\\R. ::''-lG,OKrc'l~'1Cj(;,A.
CASH DB.IVERED PRICE OF UNIT /V1 i=T.'<U S I .,",. chi. ado....., milu.. on the VEIDCLE ON ORDER du-
~1)~~" I-I"..,-L,:.-I'Y. ' k' C:u,.",,- cribcd abovo i. I..JI at timo or tranar,r.
(elt_c' ,It. '.lIo.ln" .,at."..n', " appllco.'.'
L~ <:......;-... I . EI"'~ G: U(",J;; 01 rUlmer at&UI that tho actual milea,1 dirrer. from the odometer
reldinl fOf renona other thin odometer cllibrllion enOf and thai
ACCESSORIES.:,; \? D A+J~~ ,4.4..."nl. 1."'''''''''1 ".,..1 the actual mU,alo il unknown.
r::!~\,~ .... -::\.iM J":' F'~(....(.....=-~ I i'~lha' '(" ~ waa no'lAvolved ;j:Od wa'en,
X vlh....., '~ nlq'-{
(~""" r GJ<./.. .1.IIATUIIIl O. '"AII..lllal IDIlAI"I:II Oil AUTIIOII.II:D AI:Un, DATI:
\-=( /#,-.. FdnI rwgul.tJolII twlu/,. rM od"""., mi..,. to ". ".. upon rnndu
tl\..\~M /:-...1 .--~u:. (....-Ph-,.;. of """,.",Ip. An ItMCaIta. ,,.,.,,.nr ~ tMt. tIN rr""/.,.",IIMJ" for
.\1"-,, ~,<"-..,,, =-,' I ,)....."f/IJ~ t::J . oJ .a::.. ~. CD rile tnn_. __, CD _rIOn -(0) of rile MOlOT Vahle,.
f.f_llon and CO" SaIll..,A., of /912'. "ub/Ie L_ 9Z-6/~
;1 - ~) '... \l;lISED'\lEHlClSIIIADI::IN!NDLOltontER CIEOITSt~..
,\., ,.-~
~\:~ (.-\It, )r'\,'"7ir-..,oJ',..;r ,o. lC;l!~1 ..... (rlt:v~.IG'- "0... (- /./a-.I. rr,:
~,,:)-;....'- c,..... /i I - 0.' 2~,,- ..."...., \J l' <:.., '1
".'.1. NO. 1(.., \ ~;r D,Q (..c, e. p, 11'2.. 0"0
I ...,. chi. adomo.., milu.. on tho USED WIDCLI! TRADe:-JN
....-:JA. '-'\"'e.:"':'I",.l~~ 1-' <- ~C{1 ~ d...,lb.d .bov. I. Cj L/ C; J.. Cl ""im. 01 triulll.r.
....." It ~\ :.J..- ','Jhr-~ leMelc ,It. '0110 win, .'a,emen', II applleo.'.'
, o I further atlto that tho actual milelle dlrrerl from tho odometer
rOldinl for reuOIlS other than odometer calibration cnor and that
---....---. the Ictual miloalo ia unknown. .
I further .tat. iIIat this "IUd. ... Dot lAwl.. iA Doocl ..ten.
- . ,1',"
" '( 1-:. '!./~L/
")II / . ,.', .,~. . '- "', /
.,.IIATUIII: a. .UIIC~A.C. IftlAII~"~"" a'-rAae.IIII aATIl
CASH SALE PRICE OF DESCRIBm MOTOR VEHICLE S C110\ - BALANCE (MED TO
STATE AND LOCAL TAll · ~m.. T. - ., - ADDRESS
..~ )41c;~ ,,~ <::I() I f'-'" USED TRADE. IN ALLOWANCE S (n('Y) -
DOCUMENTARY FEE 'ZII'J - BALANCE OWED ON TRADE-IN
LICI!NSE. LICENSE TRANSFER. TITLE RECISTRA TON FEE :;;:'-1 -
1. TOTAL PRICE OF UNIT Sc; (,,'7n NET ALLOWANCE ON USED TRADE-IN S
fa,., DEPOSIT OR CREDIT BALANCE
2. DOWN PAYMENT: S ( c:Cf) - ,.OOllN:PAYIENJ';(lhtIlll.toiJ.8tt.CoM;, ~ s {,.. cn -
consisting of S in cash REMARKS
Ind/Ol' S net trade-In II-
lowlnce on trade-In: S88 statement In right
hend coh.mll lor detelll.
3. UNPAID CASH BALANCE DUE ON DELIVERY SC( ~ 10 -.0
(difference between ItelllS 1 end 2) v
F-
Purcha..r .~... thllt this Order Inch..... all of thl tlnnl and condition. on both thl 'ace and rav.,.. aldl hlreo'. thlt thl. Ord.r cMCII.
and auperaede. any prior .WHlMnt .nd .. o' the d.tl hereo' axnprl... chi COfT1Jlltl .nd ..cluaive ltatement 0' theter.. of the .~..lMnt
..lltlng to tho lubloc, me..... co..rod h...by. Ind th., THIS ORDER SHALL NOT BECOME BINDING UNTIL ACCEPTEO BY DEALER OR HIS
AUTHOAIZm REPRESENTATIVE. Pure"'a., by hi. 1.lcutlon of chi. Onll' cenIU.. he i. of majority age and .cknowledge. that he haa ....d
ita tamw.nd condltlona and hII. Neelwd. true!?!?PJ of thl. Order. ~HE F.lCiORY ".RRAHTY C:)NSTITUTES ALl. OF THE WARRANTIES
"-:i ~!:;Pl!C~ ':'0 rHE S.lL.! Jf ~HIS ITE.wilTE:.t . THE SEL_cR t'EREB':' !XPqES~LY :USC:"AI.wS AL.L WARRAHTIES, EITHER EXPRESS OR
:"Pt.:E:) .HC:'UOINC AMY ,..Pt.:E!) ".ARANiY OF "ERCH...,.TABILITY OR =ITNESS FOR .. PAifT1C:'U..,AR PURPOSE, 41'4D THE SELLER
~EITHER ASSUMES ".OA AUTHORI:::S ANY OTHER Pl!:qSON TO ASSUMe FOR IT .~y :"1481LITY IN CONNECTION 'ITH THE S4l.E Of THIS
ITEM.dTEItS.
X J, /i:,';/ . ,; '. /. ',o"j " // ACCEPTED BYI
,
"URCHASI!!:R /
..-'\l'"'--.
.oam.D .t'ftle".'21
$
ADDITIONAL TERMS AND CONDITIONS
. ~5 \IsM iO InlS aruer In, IlIms 101) "Dealer" sh.111 mean lhe Julnollzlld ,Dealer. 10 w~ thiS Order is addressed and who wll become.a PilfV nerelQ
:1'0' "!s .ICCl!Pt.1n"ce nereol, tb\ "Purchaser" Sholll mean the party tJKUllnQ Ihls Order .. such on lhe lace hereof; and (C) "Manufacture," shall mean
~ne C"r:OtJlIOn rfT3tllQnul.lCturea lne venlde 'or chassts. It tHlmg understOOd by ~rch.uer and Oe.Jler lhal Dealer IS In no respect Ihe liglnl 01 Minutaclufel.
"W :1!.ller .lnd Purcnaser .ue Ihe sot. partieS 10 IhlS Order and trwt rel,rene. 10 Manufaclure, herein IS tor Ihe purpose 01 explaining oenerally certain'
:JrllfJCluJI relatIonShIps '11511110 between Dealer and Manufacturer With respect to new molor venlcles.
2. \tJnulaClurer nas reserved lne nOnl 10 cnang. In, price 10 Oe.1Jer 01 new molor vehicles Without nolle8. In Ihe event In, price to DIaler at new mOlor
.~nICles JI Ihe serIes dnd bOdy.lype ordered hereunder JS.Chl1nged oy Manufacturer prlOr to delivery ot tI'1e new motor ..ehlcJe ordered hereunder 10 PUlchaser,#
~lJler reserves the nght 10 cnanqe Ihe cash uellvered pllee 0' SUCh molor vehicle 10 Purcnaser JCCOtl:lInQ1V It such ::asn aellv,red pileI is increaseo oy ~f!alp.r,
JlorC~JSer ~y. II dISSo1"slu~o lherewllh, cancel Ihls Oraer. In 'NhlCh evenll' Ii used malar v-ehlCle haS Deen lraued If1 <IS 1 Pdft oHhe consICeralion lor 'jucn new
'n~"r lenIC!! SUCh useo motOl vlM;le snail be relumed 10 Purchaser upon p.lymeRl 01 a reason.Jole cnarQI lor stor3g1 and repalfs III any) or. It sucn used
'IoJ11>' ..~nICIt> nJS !)een =,feylOUSly SOld Dy Draier. 'the ,lmounf recerv!t1'lnet!IQf. less a sethnfJ comml5'irOn 'JI 1~~. ano any exoense lncurrert In 'itOW'IQ. I'1SJflflCj
:ondlllonrng or adVenlslng said used mOlar vehitle for saltt;"",hall be returned 10 Purchaser.
,
3. Illhe used motor vehicle which has been traded in'lIs 01 part 01 th, consideration lor Ihe motor ~h'cle ordered hereunder IS nollo be delivered to Dealer unlll
delivery :0 PurChaser of SuCh molar vehicle, Ihe used molor vehicle sltall De reappraised at lhal lime and such reappraised 'Ialue snail dele,mrne tne dllowance
made lor such motor vehicle. II such feappralset:J yalue IS lower lhan the ollgrnal allowance Iherelor ShOwn on Ihe "9nl of lhis Order. Purchaser may. If aissalislieo
:herewith:'cancel this Order, provided: however. thai such riQlll 10 cancel IS berClsed prior 10 the delivery of the molar vehicle ordered hereunder 10 the
Purchaser and surrendr.r 01 the used molar vehicle 10 Dealer.
J. Purchaser dgrees to deliver to Dealer Solllsfaclory evidence of title to any used motor vehltle Iraded in ell .I pan.ol the conslderahon 101 the molor lIehlClt ordefea.
"ereunder 011 the lime at delr/ery of such used molor vehicle to Dealer. Purchaser warrants any such USed motor venlcle 10 De hiS prooerty Iree dnd clear 01 all hens
dnd encumorances except as olherwise noleu herein.
. 5, Uniess IhlS Order shall have been caneeUed by Purehaset. under and in accordance with Ihe provisions of paragraph 2 or 3 above; Dealer shall have Ihe fight
upon tadure or refusal 01 Purcnaser 10 accepl delivery at the molOl vehicle ordered nereunder and 10 comply wllh Ihe ferms ot thiS Oroer. to retalR as liQUKJiUed
damages any CJSh deposit maae cy PurChaser, anu. '" the event a used motor vehicle has been lraded'in as a part of Ihe conSlderat;on for Ihe motor vehlc!e ordered
nereu[!.dtlr. to sell such used mOlor vehicle and reimCurse himself oul 01 the proceeds.of Stich sale lor Ihe bpenses Spetllied In paragraph 2 above and,lor
such olher expenses oJnd losses as Dealer may Incur or suller as a result 01 such failure or relusal by ;>>Urchaser.
, , 6:, Manufacturer has reserved the rkJhl 10 change Ihe design at any new motor vehiCle. chassjs. accessolles or parts Ihereol at any time wilhout notice and
'Nllhout obligation 10 make Ine same or sirrutar :nange upon any motQl vehicle. ChaSSIS. accessones or pans lhereol previously purChased oy or Shlppea 10
OIdler or bemg manufactu~ or solU in 'accordance With Deal,r's orders, CorrespOndingly. in Ihe evenf 01 any such Cflange by Manufacturer. Dealer
inall have no obllgallon 10 PurChaser to make tne same or any simllaf cnange In any molor vehicle, ena'SIS, accessones-or part~lhereol.coverea oy Ihls
Order either celore or subsequent to aelivery tner801 :0 Purcnaser.
7 Dealer 'ihall not De hacle for 'allure 10 (:Jellyer or delay In delivenng Ihe molar vehicle eoverea by IhlS Order wnere $UCn lallure or aeldY IS
:J:Je .n wnOle or In oan, 10 any ause oeyond the control or 'NIlhoul the laull or Mgllgence of Dealer
3. The pnce lor 'me motor verntle specdleo on lne tace of litis Order mctudes relmbursemenllor Federal ExCIse laxes. tlut aces nOllncluee sales faxes, use t.u:es or
XC;'p,itlonal l..J.les DaSf(J on ,wes '/OIume, iFeaeral. State or Local) unless expreSSly sa stated, PurChaser dSsumes ana agrees 10 pay, unless prOnlOllf(J :Jy law.
Iny iUC" sales. tJse or occucatlonal la.ces 'mDOSId on or JPplicable 10 Ihe transaction covereo ~ Ihls Oraer. regaroless of Which pany may :1dVe prmlary
']XllJOlllly lnefelor .
) i: 01 cnarge lor Creall L:le ~n5urant8 .s .nCluded .n (his Order Ihe provISIons on Creoltor llle InnH<1nre 'n Jny oel.1l1 TnSl.1l1ment contract lorm SUbSlQuentlv
e"8c~ea 04!lween 1M OOIrtlls nerelO in .::miunClion Nlln :hlS Order Shdll-I}f tully, o!l~I''ie II 'JUC" .nsurance is Ul'IdvalldOle Ilr Odltly un,fv.uldl}le um:Jef
'r~ ..1esigr,ale11 :Jolley. :he J:JOhCJDle :JoWon at the :hall~e lor Creditor Lile ;nsurJnce-scec;:.ec :leraln, Jr:Q :r:e Mance .:narge :nereon. :nay oe .::Ieaucted from .
'''e '"'Jlal ;irT"e 9afance .1ne :n~altea ~, f:11;! P'Jft::'l3Ser 'f ~uc~ ,nsur:!nce dces :'lot ~ec'Tt" ~lIec:l..e ~C!'C~ 'l'er~ot ',YIII ~e 'i~'11 !o l"e PoJrChaser by the Dealer ciM 'hiS Order
1!1!: In/'elJlI .nslallf'le"! COnlrJC! !!)'et"Jl!d in !;cnIUnC~len !t>erewnn sna!lIJI"l!fWISe r~rr.altl 'UI:Y -?!I'!t::.ve
", T~i!'~ 'fl! '10 'Hattant'es. e:reressea or 'mpUed. molee by ItIlt Seller ~e"l!Tn :r-th!! ~~r!.;',lCMer )n !r~,t!"l':~ J":~~S:i:S lJeSCfjCea In :'le 'JC: ,1ere,:/T
"~l.e:l :n :~e ;Jse Of oJ new vehicle or ChdS51S ins Qrmled new venlcle ....,If.Jl':y l:~IIV~!ea !u Dur,:~,U;:' ."11:' .'01;;:- .l'n r.'~ 1t .:".1$i1$ 3nd iere:y ~ace J
:1" "!'Il.f'l~ f":~:~,, "l": :'=: '1rt~ r.,,~~.".,:; '''t' ~..'.: ...",.~..!".. l:"CI':.IC'" f~ ~'lC" to,!,', '!."l;ll! -:r ':'1,i..Ol .r"J -:';""..:.' ~:. ;1 J1i ;:'1~' "','::,11;.1")
":J'l!~ ;~a J rr~,:~ n.:,:.o":,"'::; 11'1v ;'T'::ll~(: .var'.l"~'; ~' "-:o':1,1r:U;J' ", ;r ',tr~!s '-1~ J ~.!"'CJ.lf :lJr:osof ~ ,..~ ':Jl:~ Jj I .. ;:>l.l.t!h!\:l~ ,jf :"ta5$15. !:'"p. JO:1 '~.m:ill'i
" I" '!~'~:~(J "',lr1.l:.1':Jr~r :i .'tJ:',irtl, ''''.!r~l.:n " I:"", ~rJ; ., ~ :!.'!~':r "'!1: '; J,e1'(:lV 'r1e ~~r"tIS Y ;;l\,;!1 ";Jr~,1nl',
.. ~~, .~,~.: ...~'~. ..'!'rr;:j~ ;':t: ': .:,;....;.-!. ~; :".:~' .r'Cf~ .~,~ 1'11er s .0: .:~e "!T1~ :r ~o!"J'/t!':1 :1'1 ~~.l~~' \'1::"')Loir'; ;JuJr.I;':(I~ '. :.JI'J~:'I
~':.'H~l!~ :r -"'ilC 'lc.c,~t i,'/ It'::l;e~ 'j,:"~r"',' :. -4'.:~,1'~'~;.':1:': :. ';t1fj.: h, ! J,U:C~:~' ::!I'~:J~~. j~ \1 t:i ;:;I'r: :.:n ;. .,,~ ':,n~rl',)" )fl~'.' ';IV' '~"'''JI
:.~'!:' is ~J.:1'! '1:"~r."I!)~ ,;;/t.::: ';,,"'1 nr~"':"":.l :,' '''I~ ;,. '''c ',ll:e -:1 !!',S ::"le' 1r 7~ J ,e~,'Ir,11!' ....r:rI~fJ "11I1,~::1;lC:~,) ?JIC!..~ser ;';'; :l!J:tr
'2 #~.~;: l'::~,t~~. ~~I:::',~ ~r II :re ',mo! 11 :~,'/~''t 'J: ~"~nJflJr .'!"ICII! I.;e..t!r~ll '1 ~.,.'t J'c~r "'II' -;I'~';:e ~tlc:-. '~'n~.. ~f 1;~<!e"'eI'H :H '':~C:J~e..ts 15 1'IJY
.;~ '':''~..,'.:(.;:14 .~~ :c~mi J~1'l ~~I:;J.il';Il~.;1 ~Jlr':er.: 'lO,w.~'.:-': .;0 '"':t: :'1:11:1~:", s :~'::C~
I:....
c;numon
IOA'4""UIIHI
!lA'," Of' lOAN
, II L W;I, 111' I II'! I II '.
OfKTOnll NAUE
1'1 1/
. .' I I'"' " I' , .' ~ "
lot. UIUf1 AI;fOllNl fl!,t,lnJn I> f Of IIln "
11111'1 "
.'
"II' ,",
"'.1
'Ll-
ANN~AL PERCENTAG
RAT: Tho CO'I 01 your credll os
. year y ral8.
CLOSED. END DISCLOSURE, LOAN AND SECURITY AGREEMENTS
FINANCE CHARGE: The dolLor Amount Flnonced: Tho omount of Tolol 01 poymenl" Tho omount you will
smountlho erodll wILL cO'1 you, crodll provLdod to you or on your ho.o paid oller \'Ou ho.o modo ell
behalf. poymenls os scheduled,
C'h .~50U % S
1 r, I I... t' J,
$
')11,,0. r...,',
$
II f.'~.>I). "f)
Your paymenl schedule will be:
NUMBER OF PAYMENTS AMOUNT OF PAYMENTS
I.~'l 115. on h.1 . ....mll I}'
\ I'j tll ' " .l'
CollateralsHcurlng other loana wllh thl credit union may Ilia secure Ihll 10Bn.
Securily: You ar. giving a security Inter8.t In:
ILl The goods or property being purchosed, 0 Other: doscrlbe /-Ill flJ
LAfE CHARQE_~ II, P')"Mnt IIlall. rou wII be ellllged.
j"l, 01' ",':I'i,ldl.tl..,cl '"l '",mt!ll n,:oI; III",J" 1~11:101l, 11) ilIA s of Lltl 1111t.,.
PROPERTY INSURANCE: You mlY Obl,ln properly InlUrlnee f,om .nyone you wlnlIhllI, Iccepllble 10 'he credll union
II You g.llh.lnlurlnc. from It). crldll unkJn You wm PtIV' "Il ft Term ollnlurlnce In monthl:.A.. ..n/.., ,., '., i I" ,h .',. , '.
FI'od Rale Loan. Veriable Rata Loon
If Ihe Variable Rale Loan BOK la merked above, The Annual Percentage Rele may Increase each month during the lerm ollhla loan based
on Ihe following IndeK: . The new rate will be the IndeK plua: _ %,
The Annual Percenlege Rale will nol Increese above _ % or decrease below _ %. Any Increeae will take Ihe form of en adjusted
loen term, For ex empie, II your loan wes lor $5,000 al 15% for 48 monlhs and Ihe Annuel Percenlage Rate Increesed by 2% aller one year,
Ihe lerm 01 your loan would Increaae by two months,
Prepeymenl: II you ~i1 011 early, \'Ou will nol heve 10 pay e penally, , ,
Seo your contracl doeumenls lor eny'eddlllonollnlormlllon about nonpayment. doleulI, eny required ropaymont In full belore Iho Icheduled dele, end
prepayment relunda and ,penalUi~.' . means elUmale , .' . . . .
WHEN PAYMENTS ARE DUE
hpn1nnlnQ O~-2~-q4
..... I I fit t':.,,"
..'1".,.,.,.... ...,,", '"/"
-. .,. n' a....
, ,
ITEMIZATION OF AMOUNT FINANCED OF $ 9/,/,/1. t,,,
Amounl Paid 10 olhers on
Amou"l.pald ~~ dIIK"" AmounI ".Id 10 ~.. ICCOU"I
To Mlnnetot.Uutll.1
1II,InI."ane.Co
E.l": '~pr"
$ '1(' 7'.'. '.".'
s
11/,1
s
:.: in. r.:
s
!I:,-t
s
\ f,' ,1
s
I,.-'i\
MOTOR
VEHICLES:
MOTOR
VEHICLES:
SHARES
PLEDGED:
OTHER
COLLATERAL:
YEA"
UAME
MODEL
800Y TVre
SfmAl NUMnER
VALUE
'':1')..
YfAn
LOUI
MAKE
1,11,1111.1
MOOEl
BODY lyre
~. ' , ,~.
I
VAtUE
ACCOUNT NUUOER
AMOUNT
ACCOUNT NUURfn
"''-'DUNT
ACCOUNT HUt,lOER
.' I.'
......OtlfU
SIt'r.\
S ,/,'
$-. '..
I ogres that rhe terms and conditions In rhe disclosure stalemont above and the loon And security IIgrnemenl5 Ioclllod on 'he reverse side 01 this document ShAll
apply to this f08n. " therB Is more than one borrower, we agree thaI 1111 'he conditions 01 'he loRn Rnd seCUfily RQ'9ffments governing Ihl!f loan shllllllpply to
both jofnUy end SeVfJfB'Iy. , acknowledge Iha' , hllve received 8 copy 01 'he 10'10 snd se;urity a9,eemenls snd the disctoslJfe sl,lIemen'
o ,qRJS SIOf~"'URE DAlE; I A
X I//~' If i? ( . .. IV,' , J ,S'Al, '1 ,.J! It 0 J. -.,';::;: s,;[, 1',1
co I,4Al<en '9 llF.n ow en "QUAnA."ron DATE OAfF
'OTlIEn OW"En
"OUAnANJOn
"AlE
X
WlINES'
,SEAL
'A'
OAlf
x
SEAL
x
ISEAl)
. otll[nOWH[n~ .~,(lI"" ""_."",,,,,.~_.tt"''''_'''''''_C'flII_llI,,,,,,,,,. ,..."',... _, _. ......C'ft....,.. lII_fltIloO_"'"",__ "'"._tt__...~.__...,. _..*,_.,,-..~
toll",'II.. '.fll.-.,-.IN ~~..", AfI"-'"
""""".'1'011 '''''''''''''0'' 1"""__....._--,...-...___...._...-..............,........_..... ,...Qo..._._.............teoohr.."".......___M_"'I..
DESCRIPTION OF CREDIT INSURANCE PLAN'
cnEDII lirE IPI!;unAtlCE 0....,," roht.","n . ' ..." I II 1 ,1
CREDIT nISARlll'Y "'5 Omurt rnht.,. Nn .' 'I , " t,'.' I',
UAXllJtJU UONTlll Y OISAnIUh' BE"EF'tl It; (-'.\ " ,~ ' II I
MAXIl.4UU lOAN nrrAVMr"T rrmoo , . ..1' i'l 'Ill!"
MAXIl.4UM lOAN nrr,,'YUF.'" rF.nlOO I,.'" j" ",I II -
(l1!;AnlllfYWAttt"orfRlOO I I ".1.
Ilrrlm;unAIlr.:rl,lAV1Ultl.t I, ,,_ "",
UAll'IUllt,l('lI"Anru''YnFNHlT' ,.,. ,.". '"
nE1ROACIM nl5AnlUIY nFNFrll
APPLICATION rOR GROUP CREDIT INSURANCE
I undersland Ihat lor dlsabilily Insurance 10 be eflecliva I musl ba gainfully employed on A full, lime bA.ls lor A minimum of 30 hnurs pOI
week lor the Iwo weeks preceding Ihe dele thAI I become Indabtedlo Ihe Creditor,
COVERAGE REOUESTEO:
I "COI"'An, ."""':OA.,
'1111:1,
I
!';W lAT>z ,ornrnfll
1/-1 "/1,
\,. (.(.; e
1,.1
;J~.
This Insurance Is Volunlary And Ie Not A Condition For Approval 01 The Loon.
n~t[ r,lfV.Atllnr ',K)lPH {lfnTnnl"t"" 0'" vir "Fl JUl!tfl 101m IIIf
. ,
-. ,
Am
f'Alf
"I'i':l ~Ild~ f~dHit.lllr I_~,,: ;.;....'(..
'II.. I~"',l :-'~ttlllr f.q'cli~ I.,rp, 11."lt r.;,o,! i'f "~Il..~'. 11. ".11.1 '1I"lit "":""~I'\'~ '~".41 1",.,' '" t-.". :....
I If,. 1"'!:'Ii'"~"'fl: "'r" je (,) 1t...".H:~, h"'l.lt ='-""I'll 1; "'r."',,I",
rlj'.IH!lh' t"~"'1:-"~: 1,.,"11 t;: ~" '''''In,~. fiIHI.~1 ',",+"..1 II ljl t.'l..'l}, HUI 1\.'r\I,"" r'I..,Jr'IIII, 1,,:,..,,1 I': lll'l~. Ii
" J
x
:~~~lJA,r4"M I
I.IUIUAHJAN 5Y';l11.I
corynlOlIl ~ 19'"
IN TltESE AGREEMENTS. TIlE WORDS "I," "ME," "MY" ANI) "MINE" M~AN ALL TlIOSE NAMED AS DemORS TltF. WORllS "YOlr." "YOUR"
AND "YOURS" MEAN TIlE CReDIIUNION
LOAN AGREEMENT
p.ym.n"/Flnanc. Chlfg.l: For value received, I promisn 10 poy, at
your office, 811 amount. due. All pnymentl shall bfJ rnndn purSuAnt 10
the disclosure It.lement on the 'Rce of Ihls documonl, I undorstand
Ih811he finance charge and lolRI 01 pavments shown on tho 'SVOIIlO side
0' this pRoe .re baled on the Assumpllon thai aU Installment paymonts
will b. mads on the Ichedulftd due dates, If I 'nlllo pay Rny InslRlIment
by tho limo 1110 duo. I will POv oddlllonollntoresl on the overdue
.mount
Lit. Chlra": If I make,. late r,aym8nt. I agr09 to pay 8 lale charge If
onG Is disclosed on the 'ace of t 111 document.
ContrlclUBI PI.dg. 01 Sha,..: I pledge all my shares and deposits I"
the credit union, IncludIng tuluro addlllons, AS security for Ihls loan. In
caSD I default, yuu may apply these shares and deposillllo the paymenl
of all sums due 81 the limB 01 delaull, Including cosls of collecllon and
reelonable ellarney', feus, that you may Incur, up 10 20% of the unpAid
principAl Rnd Inlerest No lien or right to Impress a lien on share" And
deposits shall Apply to Any of my sharos which mny be held In en
"lncUvldual Retlremenl Accounl' or "Keogh Plan."
Property Inlur.nc.: III oblaln 8 loan secured by n molar vehlclo or
othor langlble properly. I must obtain Insurance which prolncllllhe
credit union trom linanclalloss. Such 8 policy musl provide alleAsl fire.
Iheft, combined additional coverages and collision Insurance, II must
conlaln a loss Payable clause endorsement naming Ihe credit union al
lien holder. I may oblaln this Insurance from any 8gont of my choice
and dlreclthe 8genllo send you 8 copy of the policV,
Debtor ROIponllbllllv: I promise 10 nollly you 01 any chango In my
n8me, address or employment I promise not 10 apply lor a loan II
know Ihere Is a reo!llonable probability Ihat J will be unable 10 repay my
obllgallon according to the terms 01 the c.edll ollenslon. I promise 10
l"'orm you of Bny new Informallo" which relales to my ability to repay
my obllgallon. I promls8 not to submlllal'8 or Inaccurate Information or
willfully conce.llnformatlon reg8rdlng my crodllworthlneSl, credit
standing, or credit capacity.
e.rault: (t) III break any promise made under Ihls loan Agreement or
under Ihe Security Agreement; or (2) III do nol use Ihe money you
loanod me for Iho purpose sloled In my appllcollon: or (3) II you ohould,
In oood lalth, believe that prospect 01 paymenl, performance or
reallzallon of tho collaloral. 11 anv.lslmpolrod: or (4) 111 dlo; or (5)11 I file
a petlllon In bankruptcy. Insolvency, or recelvorshlp or am rut
Involunlarlly Inlo luch proceeding.; or (6) Illhe collsteral, I any, given
as securlly lor Ihls loan Is 10S1, damaged or deslroyed, or lilt 18 levied
agaln51, aUached or garnished; or (7) III do not pavon time any of my
alhar or luture debts to you, you may. al rour option and without prior
notice. declare this loan Immedlalely due and payable, and I musl
Immediately pay Ihe lolal unpaid balance. as wel 89 the Fln.nce
Chlrge to date, any 'ate charges and costs or collection permUted
under law, Including reasonable allorney's feol, that you may Incur, up
to 20% ollhe unpaid principal Bnd Interosl. The principal bAlance In
delault shall bear Interesl al the contract rals.
eelay In Enforcement: You may delav enforcing any 01 your rights
under Ihls agreement wllhout losing lhem.
Irregular Payment.: You may accepl latft paymenls or partlRI
paymenls. eVAn Ihough marked "paymenlln lull," without losing any 01
your rights under this agreement
Co-makers: If I Am sIgning this Rgreemant ns a co-maker, I agree to be
eqUAlly rp.!Iponsible with the borrower, bul you mav suo either or both 0'
115 You do nol have to nollly me that Ihls ngreemnnl has nol been
paid. Ynu mAY oxlend Ihe lerms 01 pnymenl Bnd reloase any securlly
wilhoul nourylng or roleaslng me from rosponslblllty on Ihls aQ.eomen!.
r ~]7fi9 1119\
SECURITY AGREEMENT
1. To !!lOCU'O pnymenl 01lhi1l loan And nil AllpOnc1IIU1ftll Incurred by thR
cmdltunlon In connocllnr! with this tnnn. I grRlIlloJOU .. secuflly
inlorost in the p,operty de~crjh"d on tho ,nvorll" Ii B olth!!I
dacumonl. As additionnls8Cufily fOf this loan. I granl tn ynu a secu,ity
Interest In nil other property pledg&d by mo to you Inr any olher
unpaid non.rell ealate secu'ed obllgatlonl ownd by me to Iho credit
union. The l&Curily Intere.t Includel .lIlnc"..... lub.titullonl and
additions to Ihe secured property, pmcnnds from AnV Insur"nce on Ihll
secu,ed property and all ellrnlngs recolvud from thll lucured p,operty
2. f will not changolhe locAtI(ln 01. sell or traosler thft collaloratunllltll
hAve your prior wrllten coosont.
3. I warrant thai I have good title 10 tho collale,al, "e8 of all securlly
Interests excepllhal given 10 Ihe cfedil union nnd elcepllor any
Inlerelt 01 ft non.co.maker owner of the collateral who hAI signed the
agreemenlln the Indlcatod place,
4. I will pay olllalns, aU8ssmsnts. Rnd lions Rgnlnsl or IIlInch8d In Iho
property described Rnd lurther agree 10 koep Ihe property In good
condition. housod In 8 lullnblo arlelter. lagreo 10 elecute financing
Itatements Bnd sltCurlty agreemnnl Amendments At your requell And
will defend Ihe property Agalnsl advfJfso thl,d pally c1Alm!'l
5. I will maintain Insuranco to cover any vehicle or other rroperty In
which you have 8 securlly Interest This Insurance wll be In a form
and an amount sallsfaclory to you, I will lupply you wllh proof 01 such
Insurance unUl alllums owed to you and secured by this property are
repaid, If Ilallto malnlaln such Insurance, you may, but are nol
required 10, obtain Inlurance 01 your own and add the cost 01 such to
the sums owed. This cosl may bear Interest at the contract rata until
paid. 'furlher alSlgn 10 you the right 10 recelve the proceeds 01 Iny
InsurRnco on such property, Rnd direct any Insurer 10 pay Ihose
proceeds dlreclly 10 you. I Authorize you to endorRu any check or
drall provided as the proceeds of such Insurance, end apply Ihose
proceeds to the sums owed 10 you.
I further 8uthortze you to provide your Insurance Service Center with
Ihe necessary Inlormatlon for ve,lIlcallon of adequate coverege,
. I ecknowledge Ihat Insurance. or any eltenslon thereof, placed by you
Is wlthoul benetllto me Individually but Is prlma,lly lor the protection
of you.
6, Should you feel 81 any time that the security rresented has diminished
In value, or lor 8ny reason feel that addltlona security Is required, I
agree 10 assign 10 you within ten (10) days whalever addlllonat
securlly you leells necessary to protect yourself agalnsl possible loss.
7, II 8 default as defined In lho lOlm Agreement should occur, you have
Ihe 8ulhorlty, upon such defaull, 10 repossess and seUthe collaleralln
a lawful manner. In such case, you or your Authorized representatives
may, al your option, enler Ihe premises where Ihe collAterAl Is kepi
Rnd lake possession. subject to apr,llcable faws. You have Ihe rlghllo
render the properly pledged a8 col ateral unusable and may dispose 01
Ihe collateral on Ihe premises where Ihe toUateralls kepi. II you
decide 10 selllhe collAteral 81 a rubllC sale, private sale or otherwise
dispose a' Ihe collateral, you wll nOllfy me of the time Bnd place 01 the
Intended disposition len (to) days prior to the sale or disposition. If you
selt or otherwise dl!\pose 0' the collAleral you mar. collect from me
reasonable elpenses Incurred In the retaking, ho ding and preparing
Ihu collaleral for nnd a"An9lng Ihe sale 01 the coltat8ral. You may also
collect reAsonAble Aflorney I foes and legal elCpenses. pnrmllled by
epplicable law, Incurrnd In connecllon wllh disposition of Ihe property.
Unless I de'aull. I mAY keep possession of the property (collaleral)
described Rnd use It In Rny lawful mAnnor conlllslenl with this
agreemenl or wllh Ihe Insurance policy on the caUalRrA!. I undersland
thai you have certain rlghls and legal remedies available to you under
Ihe Uniform Commercial Code And other applicable laws, nnd Ihat you
mAY use thess rights to enforce paymenllll delAult. In Ihe event, I will
al YOllr 'squesl assemble Ihe property (collale,al) Rnd make II availAble
to you at a place of your choosing. If you decide 10 waive this default,
II will nol constllute WAiver of any 01 her subllequenl defaults.
8. You 8,e hefeby nppolnted AS my AlIorney.ln-FAcllo re"orm Any ncts
whiCh you lonl are necossAry to p,olectlhe collAtmA and thlt security
Intornsl which Ihls Agreomnnt c'eAtes.
g, II thore Is morelhan one borrower, our obllgAlIons under Ihls
ngfeament aro Jolnl and sev(lrAI. AACh being (t(ltlAlly 'espon!'lible 10
luUiIIlhe lo,ms 01 thl!'l ngreement
10. this !lP.Curily ngreem,mt not only hlnd!'l It"'. hut my ('I "culm!'.
Administrators, heirs, And assigns.
6100 41R9
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY L. JUMPER, CIVIL DIVISION
Plaintiff, No. 95-4207 Civil Term
vs. Code No.
GENERAL MOTORS CORPORATION, PRELIMINARY OBJECTIONS TO
CHEVROLET MOTOR DIVISION, PLAINTIFF'S COMPLAINT
Defendant. Filed on Behalf of DEFENDANT,
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION
Counsel of Record for this Party:
DWAYNE D. WOODRUFF, ESQUIRE
PA. I.D. #53154
MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK
Flrrn No. 198
2000 Frick Building
Pittsburgh, PA 15219-6194
Telephone No.: (412) 261-6600
Fax No.: (412) 471-2754
P1799371
.- -..;..;...~------- ..___ ,0.:'" .'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY L. JUMPER,
CIVIL DIVISION
Plaintiff,
No. 95-4207 Civil Term
vs.
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant.
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, General Motors Corporation, Chevrolet Motor
Division, by and through its counsel, Dwayne D. Woodruff, Esquire, and MEYER,
DARRAGH, BUCKLER, BEBENEK & ECK, and files the following Preliminary Objections
to Plaintiffs Complaint and avers as follows:
1. The Plaintiff has filed a 26 paragraph Complaint against General Motors
Corporation, Chevrolet Motor Division, ("GM").
2. Plaintiffs Complaint seeks remedy under Pennsylvania's Automobile Lemon
Law and Pennsylvania's Unfair Trade Practice and Consumer Protection Laws.
3. Plaintiff alleges that on March 22, 1994, she purchased a new 1994
Chevrolet GEO Coupe (para. 5).
4. Plaintiff alleges that on or about April 9, 1994 she began to experience a
whining noise when driving the vehicle at approximately 30 miles per hour. (para. 10)
Pt799311
1
~.:- -~.-..- ~ ..-:--- - ..- .":...
MOTION TO STRIKE
5. Plaintiffs Paragraphs 18 through 24 are brought forth under Plaintiffs
theory of a violation of the Pennsylvania Automobile Lemon Law Act.
6. Paragraph 10 of Plaintiffs Complaint alleges a whining and knocking noise
in the subject vehicle.
7. Such whining and knocking noise are part of the design of the least
expensive GM vehicle, the 1994 Chevrolet GEO Coupe.
8. Plaintiffs Complaint does not and cannot state a defect or condition which
essentially impairs the use, value or safety of such vehicle to fall under the Pennsylvania
Automobile Lemon Law.
9. As a matter of law, Plaintiffs Complaint has failed to state a cause of action
under the Pennsylvania Automobile Lemon Law.
10. Thus, absent such non-conformity, Plaintiffs claim under the Automobile
Lemon Law should be dismissed with prejudice.
11. Plaintiffs Complaint, paragraphs 25 and 26, allege a violation of the
Pennsylvania's Unfair Trade Practice and Consumer Protection Law and asserts such
violations as stated under Count I of Plaintiffs Complaint, Paragraphs 18 through 24.
12. As this Defendant has asserted for the dismissal of Plaintiffs Count I,
Plaintiffs Count II must fail for the same foregoing reasons.
13. Plaintiffs Complaint states no substantial non-conformity, therefore there
is no remedy available under the Pennsylvania Automobile Lemon Law and/or the
Pennsylvania Unfair Trade Practice and Consumer Protection Law.
~:
P1799311
2
-_".-=-- ----:"'-..... .0;'"
WHEREFORE, Defendant, General Motors Corporation, Chevrolet Motor Division,
respectfully requests this Honorable Court to enter an Order dismissing in totality,
Plaintiffs Complaint against this Defendant, General Motors Corporation, Chevrolet
Motor Division.
Respectfully submitted,
By:
AYNE D. WOO FF, ESQUIRE
Counsel for Defendant, General Motors
Corporation, Chevrolet Motor Division
P119937 t
3
.. - -~ '.. .' -.:.
PROOF OF SERVICE
I hereby certify that I am this day serving the foregoing PRELIMINARY
OBJECTIONS TO PLAINTIFF'S COMPLAINT upon the persons and in the manner
indicated below:
Service bv First-Class Mall. Addressed as follows:
Gary L. Rothschild, Esquire
2040 Unglestown Road, Suite 106
Harrisburg, PA 17110
(Counsel for Plaintiff)
MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK
DATE://..../S'-jP5' BY:
D AYNE D. WOODR , ESQUIRE
Counsel for Defendant, General Motors
Corporation, Chevrolet Motor Division
Pt799371
~:"';'''m~__ _''';'__ _ .oO:'" ._
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY L. JUMPER,
CIVIL DIVISION
Plaintiff,
No. 95-4207 Civil Term
vs.
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant.
ORDER OF COURT
AND NOW, to wit, this _ day of
, 1995, It is hereby
ORDERED, ADJUDGED and DECREED, that this Honorable Court enter an Order
dismissing In totality, Plaintiffs Complaint against this Defendant, General Motors
Corporation, Chevrolet Motor Division.
BY THE COURT:
J.
P179931 t
'-~--..:..
_..
.."
cr>
...~
c-
o-
~
,..
~
r
. >
.
.,
"
.';"
:. ..~
..
-1..
...
c."
-'
, I
.-
.:"":..~.~..-
.--,---
@
NUV li L):.J5
I rrJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY L. JUMPER, CIVIL DIVISION
Plaintiff, No. 95-4207 Civil Term
vs. Code No.
GENERAL MOTORS CORPORATION, BRIEF IN SUPPORT OF PRELIMINARY
CHEVROLET MOTOR DIVISION, OBJECTIONS TO PLAINTIFF'S
COMPLAINT
Defendant.
Flied on Behalf of DEFENDANT,
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION
Counsel of Record for this Party:
DWAYNE D. WOODRUFF, ESQUIRE
PA. I.D. #53154
MEYER,DARRAGH,BUCKLER,
BEBENEK & ECK
Firm No. 198
2000 Frick Building
Pittsburgh, PA 15219-6194
Telephone No.: (412) 261.6600
Fax No.: (412) 471-2754
Pt7D957I
,.
-". -...
- ~':';"--~---:---V'"_...._:--.:...~.;*'.
"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY L. JUMPER,
CIVIL DIVISION
Plaintiff,
No. 95-4207 Civil Term
vs.
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant.
BRIEF IN SUPPORT OF
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, General Motors Corporation, Chevrolet Motor
Division, by and through its counsel, Dwayne D. Woodruff, Esquire, and MEYER,
DARRAGH, BUCKLER, BEBENEK & ECK, and files the following Brief in Support of
Preliminary Objections to Plaintiffs Complaint.
Hlstorv
Plaintiff commenced the above cause of action by filing a Complaint on August 7,
1995, alleging a violation of the Pennsylvania Automobile Lemon Law and the
Pennsylvania Unfair Labor Trade Practice and Consumer Protection Law.
The Plaintiff purchased the subject vehicle as per Paragraph 5 of Plaintiffs
Complaint on March 22, 1994.
P17i957 t
1
-
;-.:.o-,...~.~_..~:...._......_.:..
Plaintiff alleges, as per Paragraph 10 of Plaintiffs Complaint, whining and
knocking noises emitting from the subject automobile's transmission. Such noises are
a characteristic of the design of the least expensive 1994 Chevrolet GEO Coupe.
Defendant, General Motors Corporation, Chevrolet Motor Division ("General
Motors") filed Preliminary Objections to Plaintiffs Complaint, and the same are before
this Honorable Court.
Issue Presented
I. CAN THE PLAINTIFF IN THE
INSTANT CASE MAINTAIN A
CAUSE OF ACTION UNDER THE
PENNSYLVANIA AUTOMOBILE
LEMON LAW WITHOUT
EVIDENCE OF A SUBSTANTIAL
IMPAIRMENT?
SUGGESTED ANSWER: NO.
II. CAN THE PLAINTIFF IN THE
INSTANT CASE MAINTAIN A
CAUSE OF ACTION UNDER THE
PENNSYLVANIA UNFAIR TRADE
PRACTICES AND CONSUMER
PROTECTION LAW IN LIGHT OF
THE STATED EVIDENCE?
SUGGESTED ANSWER: NO.
I.
CAN THE PLAINTIFF IN THE INSTANT CASE
MAINTAIN A CAUSE OF ACTION UNDER THE
PENNSYLVANIA AUTOMOBILE LEMON LAW
WITHOUT EVIDENCE OF A SUBSTANTIAL
IMPAIRMENT?
Pt70957.1
2
,.
-
. :-~~---=---.,.....-- '..-7_' ....;a.
-~;;,
SUGGESTED ANSWER: NO.
Plaintiffs Complaint sets forth allegations of a whining and/or knocking noise in
the subject 1994 Chevrolet GEO Coupe manufactured by this Defendant, General Motors
Corporation, and purchased by Plaintiff on March 22, 1994. Plaintiff seeks remedy under
the Pennsylvania Automobile Lemon Law, 73 P.S. ~ 1955 and the Pennsylvania Unfair
Trade Practice and Consumer Protection Law, 73 P.S. ~ 201-1, et. sea.
The Plaintiff makes no other allegations other than a whining and knocking noise
which is allegedly heard when the vehicle is first placed in reverse and/or when the
vehicle is traveling at 30 and 55 miles per hour.
The Pennsylvania Automobile Lemon Law Act sets forth the elements for recovery
specifically requiring:
(1) A defect or condition which substantially impairs the use, value or
safety of a new motor vehicle and does not conform to the
manufacturer's express warranty. 73 P.S. ~ 1954, and
(2) A failure by the manufacturer to repair or correct such a non-
conformity after a reasonable number of attempts. 73 P,S. ~ 1955.
Plaintiff alleges in Paragraph 10 of Plaintiffs Complaint of such whining and
knocking noise.
This Defendant has informed the Plaintiff that such whining and knocking noise
is due to the design of the least expensive General Motors vehicle, the 1994 Chevrolet
GEO Coupe.
The consumption of Section 2-608 of the UCC provides some guidance as to the
meaning of "substantial impairment" under the Lemon Law Act. The substantial
P1799S71
3
.....:..-.._~_.,,-_._-..:.....
',-
impairment standard Is employed In Section 2.608 of the UCC which permits a buyer to
revoke his acceptance of a product "whoso non.conlorrnlty sUbstantially Impairs his value
to him..." 13 P,S. ~ 2-608(a),
While no current Appellate case law has been found by this Defendant which
specifically defines substanUal Impairment, this Defendant believes that the prior
commercial law and in particular case law relevanl to Section 2-608 should be
Informative and utilized by the Court In determining whether the condition of which the
PlalnUff complains In the Instant case Is a condlUon which "does substantially impair the
use, value or safety of the vehicle."
AnUclpaUng the quesUon as to the applicability of SecUon 2-608 and the case law
relative thereto, subsequent to establishment of Pennsylvania's Lemon Law is the case
of Harka v. NabaU N.D.. 357 Pa. Super, 617, 487 A.2d 432 (1984) which the Superior
Court specifically reiterated the generally eslabllshed proposition relative to statute
Interpretation by holding "statutes are not presumed to make changes in rules and
principles of the common law or prior existing law beyond what Is especially declared in
their provisions." UL at 435.
Pennsylvania Lemon Law is silent as to the effect of the law on prior existing law
other than to indicate at SecUon 1962 thereof that "nothing in this Act shall limit the
purchaser from pursuing any other rights or remedies under any other law, contract or
warranty."
This Defendant would submit that this particular section specifically contemplates
the applicability of prior law to the Instant case.
PHm11
4
- ',:",:,---~-- -~_..- ."':" "- ..:- -.~
According to the case law interpreting Section 2-608, substantial impairment has
long been interpreted to preclude trivial defects or defects which may easily be
corrected. Rozmus v. Thomoson's Lincoln-Mercurv Co., 208 Pa. Super. 120,424 A.2d
782 (1966); Pratt v. Winnebaco Industries. Inc., 463 Fed. Supp. 709 (WD. Pa. 1979).
The cases of Rozmus and Prall shed some light on what defects constitute substantial
impairment value. In Rozmus, the Court held that the defects present in buyer's new
car resulting in the car's admission of smoke and loud noises which could be remedied
in a few minutes could not substantially impair the value of the automobile. Rozmus v.
Thomoson's Lincoln-Mercurv Co., Suora. In Pratt, the case similar to the present case,
the buyer listed the following complaints:
Faulty transmission, which prevented the motor
home from being driven in a forward direction;
excessive brake travel which discouraged
plaintiffs from operating the motor home; a
leaky roof in the kitchen area; leak of air-
conditioning fluid; oil leaks from the lighting
system support generators; faulty generator
operation; failure of driver's seat to lock
securely in normal driving position; faulty cab
air-conditioner; engine hesitation; absence of
windshield washer unit; fluid leaks from power
steering hoses; loose wiring terminals on
furnace gas valve controls; damaged trim panel
between engine and dashboard; windshield
wipers do not complete stroke; sharp edges on
cable hole and power steering area; broken
plastic drawer guides on drawers; loosely
fastened clearance light by radio antenna; chip
turning signal lenses; certain overhead cabinet
doors do not remain shut; scraped rear bumper.
Pratt v. Winnebaco Industries. Inc" Suora, at 711. n. 2.
5
P1799571
The Court In emll recognized that the faulty transmission which was replaced by
the seller was the most serious problem with the buyer's vehicle. It noted, however,
that the rest of the buyer's complaints could probably be repaired within two or three
days at a cost of approximately $500 and stated:
We do not believe that complaints of this
magnitude taken Individually or together justify
revocation on the grounds that they amount to
a substantial Impairment of value. Pratt v,
Winnebaco Industries, Inc" Suora.
In comparing the defects complained In Rozmus and Pratt, although Plaintiff may
argue to the contrary, It appears clear that Plaintiff's Complaint of a whining noise and
knocking sound which has been Indicated are design characteristics of the least
expensive General Motors' vehicle, the subject 1994 Chevrolet GEO Coupe should in
no way be viewed as a defect which substantially impairs the use, value or safety of the
vehicle.
The Plaintiffs Complaint therefore fails to aver a defect which substantially impairs
the use, value or safety of the vehicle, as required under the Pennsylvania Automobile
Lemon Law Act.
Therefore, Plaintiff's Complaint fails to aver facts sufficient to support a cause of
action under the Pennsylvania Automobile Lemon Law Act and must be dismissed.
II.
CAN THE PLAINTIFF IN THE INSTANT CASE
MAINTAIN A CAUSE OF ACTION UNDER THE
PENNSYLVANIA UNFAIR TRADE PRACTICES
'I11M11
6
-- ~- - ---.-.
'~~
-....
AND CONSUMER PROTECTION LAW IN
LIGHT OF THE STATED EVIDENCE?
SUGGESTED ANSWER: NO.
As previously set forth under Issue No. 1 of this Defendant's Brief in Support of
.
Preliminary Objections, the Plaintiffs Complaint fails to set forth a cause of action under
the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
Therefore, Plaintiffs Complaint fails to aver facts sufficient to support a cause of
action under the Pennsylvania Unfair Trade Practice and Consumer Protection Law and
must be dismissed.
WHEREFORE, it is respectfully requested that Plaintiffs Complaint be stricken in
total with prejudice.
Respectfully submitted,
By:
D AYNE D. WOODRU ,ESQUIRE
Counsel for Defendant, General Motors
Corporation, Chevrolet Motor Division
pl199571
7
PROOF OF SERVICE
I hereby certify that I am this day serving the foregoing BRIEF IN
SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT upon the
persons and in the manner indicated below:
Service bv First-Class Mail. Addressed as follows:
I
l
t
Gary L. Rothschild, Esquire
2040 Unglestown Road, Suite 106
Harrisburg, PA 17110
(Counsel for Plaintiff)
MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK
DATE:#~?~
......
BY:
AYNE D. WOOD F, ESQUIRE
Counsel for Defendant, General Motors
Corporation, Chevrolet Motor Division
PI70951 ,
- --.,.....
"
.;,..;.--~ .'7____
- ..~ '...... ~.~ .'"""
NANCY L. JUMPER,
PlaIntiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY
: PENNSYLVANIA
v.
.
.
: NO.: 95-4207 CIVIL TERM
GENERAL MOTORS CORPORATION,
CHEVROLET MOTORS DIVISION,
Defendant
.
.
.
.
PLAINTIFF'S ANSWER TO DEFENDANT'S
AND NOW comes the Plalndff, NANCY L. JUMPER, by and through her counsel,
Gary l. Rothschild, Esquire, and the law firm of Serratelll, Schiffman, Brown & Calhoon, PC,
who flies this Answer to Defendant's PrelimInary ObJecdons to Plalndff's Complaint, and In
support thereof, avers as follows:
I. AdmItted.
2. Admitted.
3. Admitted.
4. Admitted.
5. AdmItted.
6. Admitted.
7. Denied. It Is denied that the whining and knockIng noises emitting from the
vehicle are part of the design of the subJect vehIcle, and strict proof thereof Is demanded at
trial. By way of further answer, after reasonable Investigation, Plaintiff Is without sufficient
Inrormatlon or knowledge to rorm a beller as to the truth or the assenlon concerning
Derendant's allegation that the subJect vehIcle Is the "least expensive GM vehicle", and strIct
proor thereor Is demanded at trial.
8. Paragraph 8 Is a conclusion or law to which no response Is required. To the
extent that a response Is required, Paragraph 8 Is denied as Plalntlrf has averred that the
whining and knocking noises emItting rrom the vehicle substantially Impair Its use, value and
sarety (Paragraph 19).
9. Paragraph 9 Is a conclusIon or law to which no response Is required. To the
extent that a response Is required, Plaintiff avers that her Complaint sets ronh substantial non-
conrormltles In the subJect vehicle and should thererore not be dismissed.
10. Paragraph 10 Is a conclusion or law to which no response Is requIred. To the
extent that a response Is required, Plaintiff avers that her Complaint sets ronh substantial non-
conrormltles In the subJect vehicle and should therefore not be dismissed.
II. Admitted.
12. Paragraph 12 Is a conclusion or law to which no response Is requIred. To the
extent that a response Is required, PlaIntiff avers that her ComplaInt sets ronh substantial non.
conrormltles In the subJect vehicle and should therefore not be dismissed.
13. Paragraph 13 Is a conclusion or law to which no response Is required. To the
extent that a response Is required, PlaIntiff avers that her ComplaInt sets fonh substantial non-
conrormltles In the subJect vehIcle and should thererore not be dismissed.
WHEREFORE, Plalndff, NANCY L. JUMPER, respectfully requests thIs Honorable
Court to over-rule Defendant's PrelimInary ObJecdons, and In the alternadve, If Defendant's
PrelimInary ObJecdons are sustained, that Plalndff be granted leave to amend her Complaint.
Respectfully submitted,
SERRATELLI, SCHIFFMAN, BROWN
8t CALHOON, PC
Dated: /2/'l/fo(
,.,
./-' ,/ / ,
fI J} -,-" /.{
By /jtl'1 j' vclJCt'/
Gary L. Rothschild, EsquIre
I.D. No.: 62041
Suite 106, 2040 Unglestown Road
Harrisburg, PAl 71 10
(717) 540-9170
Attorneys for Plalndff
I, Gary L. Rothschild, Esquire, hereby certify that 1 have served a true and correct copy
of the foregoIng document, PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY
OBJECTIONS, upon the fof/owlng by deposIting such In the U.S. Mall, first class, postage
prepaId, addressed as follows:
Dwayne D. Woodruff, Esquire
MEYER, DARRAGH, BUCKLER,
BEBENEK 8t ECK
2000 Frick Building
Pittsburgh, PA t 52 t 9-6 t 94
SERRATELLI, SCHIFFMAN, BROWN
8t CALHOON, PC
Dated: ,zf/h-
II .-/ //-4;~(
By /Al~,/ /~t?/
Gary L. R thschf/d, Esquire
I.D. No.: 62041
SuIte 106, 2040 L1nglestown Road
Harrisburg, PA 17110-9483
(717) 540-9170
Attorneys for PlaIntiff
~ co ....
- f-:
~ N :i...
l"q c~~
8~! -- U.I.
u: -I
, ~: (....::;.j
~, "r;'
~~: :n ::0.' fJ
fc~ I {-j~
c..' :qm
hI pu..
C:~ ~
lL. 1'1
U C' U
""K"."~"'i'j.".("I4.''''"".
Ol\I..-.oJ O:Hlunt ""01111'111"
Lt.th,,,"
SERRATHII. St:ItIFFMAN III BROWN. r.c,
~1'11. 10ft
lOfU I 1"",11_"'''''''''' RUAU
1I.....I\lI'h~rA 1'110 '14lU
~ ~ ..
....
~
i I ~ ..
..
...
'" ~ ~ '"
.:J ~ ....
~ J ~
....
, .
.
@
VB.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-4207 CIVIL TERM
NANCY L. JUMPER,
Plaintiff
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant
:
PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S
iBJLIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW, COMES the Plaintiff, Nancy L. Jumper, by and
through her counsel, Gary L. Rothschild, Esquire, and the law
firm of Serratelli, Schiffman, Brown & Calhoon, P.C. who files
this Brief in Opposition to Defendant's Preliminary Objections to
Plaintiff's complaint.
I. STATEMENT OF FACTS
Plaintiff commenced the above-captioned cause of action by
filing a complaint on August 7, 1995, alleging violations of the
Pennsylvania's Automobile Lemon Law and the Pennsylvania's Unfair
Labor Trade Practice and Consumer Protection Law.
Plaintiff purchased the subject automobile on or about March
22, 1994 and shortly thereafter began noticing a Whining noise
when driving the vehicle at approximately 30 mph and again at
1
approximately 55 mph. Additionally, Plaintiff noticed a knocking
sound from the vehicle's transmission when the vehicle was placed
into reverse.
On numerous occasions Plaintiff returned the vehicle to
Defendant's agent from whom Plaintiff had purchased the vehicle
attempting to have the automobile repaired. Defendant's agent
attempted to repair the whining and knocking noises by allegedly
replacing the transaxle in the subject vehicle. The alleged
repair did not improve the defects of which Plaintiff complains.
Plaintiff, in her Complaint, alleged that the condition, set
forth above, of the subject vehicle "substantially impairs its
use, value and safety" (Plaintiff's Complaint at paragraph 19).
Defendant, in its Preliminary Objections to Plaintiff's
Complaint, has averred that the whining and knocking noises as
alleged by Plaintiff are part of the design of the subject
vehicle and therefore Plaintiff's Complaint fails to state a
defect or condition which essentially impairs the use, value or
safety of the subject vehicle, under the Pennsylvania Automobile
Lemon Law.
2
ISSUES PRESENTED
I. Should a Preliminary Objection, in the form of a
demurrer, be overruled where the Complaint clearly
establishes a possible right to relief under the
Pennsylvania Automobile Lemon Law, accepting all well
plead facts and reasonable inferences therefrom?
Suggested Answer: Yes
II. Should a Preliminary Objection, in the form of a
demurrer, be overruled in Plaintiff's action under the
Pennsylvania Unfair Trade Practices and Consumer
Protection Law, where the Complaint clearly establishes
a possible right to relief, accepting all well plead
facts and reasonable inferences therefrom?
Suggested Answer: Yes
I. A Preliminary Objection, in the form of a demurrer, should be
overruled where the Complaint clearly establishes a possible
right to relief under the Pennsylvania Automobile Lemon Law,
accepting all well plead facts and reasonable inferences
therefrom.
J
Plaintiff's Complaint alleges a whining noise when driving
the vehicle at different speeds as well as a knocking sound from
the vehicle's transmission when the vehicle is placed into
reverse. Plaintiff's Complaint also avers that Defendant's agent
attempted, on numerous occasions, to repair the alleged defects
and that the repair attempts were unsuccessful. Plaintiff
further alleges that these sounds and conditions, which still
persist after Defendant's agent's repair attempts, substantially
impair the vehicles use, value and safety. (Plaintiff's
complaint, paragraphs 10, 17 and 19).
The Pennsylvania Automobile Lemon Law sets forth a
manufacturer's repair obligations to include "a non-conformity
which substantially impairs the use, value or safety of the said
motor vehicle which may occur within a period of one (1) year
following the actual delivery of the vehicle to the purchaser,
within the first 12,000 miles of use, or during the term of the
warranty, whichever may first occur." 73 P.S. 51954(a).
Additionally, the Lemon Law defines non-conformity as "a
defect or condition which sUbstantially impairs the use, value or
safety of a new motor vehicle and does not conform to the
manufacturer's express warranty". 73 P.S. 51952.
4
Preliminary Objections in the nature of a demurrer must
admit the truth of the factual averments of the complaint, but
not conclusions of law, as well as all reasonablv deducible
inferences therefrom. The demurrer must be dismissed if the
averments of the complaint set forth a cause of action which, if
proven, would entitle the party to relief. Harvev. et.al. vs.
Goedecke. et.al., 114 Dauphin 129, 130 (1994) citing Abadie vs.
Riddle Memorial HosDital, 404 Pa. Super. 8, 589 A.2d 1143, 1144
(1991) (emphasis added) (citations omitted). See Kimbob. Inc. v.
Pennsv SUDDlv. Inc., 114 Dauphin 64, 66 (1994) citinq, Olon vs.
Commonwealth of Pennsvlvania. DeDartment of Corrections, 147 Pa.
Commwlth 22, 24, 606 A.2d 1241, 1242 (1992) (when reviewing the
question of whether plaintiff's Complaint clearly fails to
establish a right to relief, any doubt must be resolved in favor
of overruling that demurrer) and Ebv. et. al. vs. Milton Hershev
Medical Center, 113 Dauphin 158, 163 (1993). (If there is any
doubt as to the propriety of a judgment in favor of a demurring
party, it should not be entered.)
The superior Court has similarly indicated, in reviewing the
granting of preliminary objections in the nature of a demurrer,
that it "must accept as true every well-pleaded fact in
[Plaintiff's] complaint and all inferences reasonably deducible
5
"~
.-
therefrom to decide whether [plaintiff] has stated a cognizable
cause of action. Further, "[i]f there is any doubt as to whether
a claim for relief has been stated, that doubt should be resolved
in favor of overruling the demurrer". Gentzler vs. Atlee, ____
Pa. Superior 660 A.2d 1378, 1379 (1995).
Clearly the dispute between the parties in the instant
matter is whether the noises alleged by Plaintiff substantially
impair the use, value or safety of the subject vehicle due to a
mechanical deficiency or are, as Defendant alleges, "part of the
design of... the... vehicle".
Plaintiff has alleged various deficiencies in the subject
vehicle and the fact that the deficiencies impair the vehicle's
safety, value or use. Based solely on these allegations and the
reasonable inference therefrom, a cause of action under the
applicable laws has been established. "[T]he questions of
whether the facts alleged in [Plaintiff's] Complaint can be
proved or whether [Plaintiff] actually suffered any damages are
not before [this Court]." Gentzler at 1381. The Court must
simply decide whether the Plaintiff's allegations make out a
cause of action under the applicable law. xg. (citation
omitted).
Therefore, based on the foregoing, Defendant's preliminary
Objections should be overruled.
6
II. A Preliminary Objection, in the form of a demurrer, should
be overruled where the Complaint clearly establishes a possible
right to relief under the Pennsylvania Unfair Trade Practice and
Consumer Protection Law, accepting all well plead facts and
reasonable inferences therefrom.
The Pennsylvania Automobile Lemon Law states that a
violation of the Lemon Law shall also be a violation of the
Unfair Trade Practices and Consumer Protection Law. 73 P.S.
51961. Therefore, Plaintiff avers that as the Preliminary
objections should be overruled relative to the Lemon Law, so too
should they be overruled relative to the Unfair Trade Practices
and Consumer Protection Law.
WHEREFORE, it is respectfully requested that Defendant's
Preliminary Objections be overruled, and in the alternative, if
Defendant's Preliminary Objections are sustained that Plaintiff
be granted leave to amend her Complaint.
Gary L Rot sch Id, Esqu re
SERRA ELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
Attorney for Plaintiff
7
NANCY L. JUMPER,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-4207 CIVIL TERM
.
.
vs.
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant
.
.
CERTIFICATE OF SERVICE
I, Gary L. Rothschild, Esquire, do hereby certify that on
this ~day of ~ebrv~ry , 1996, I served a copy of the
foregoing Plaintiff'S Brief in Opposition to Defendant's
Preliminary Objections to Plaintiff's Complaint by first class
mail, postage prepaid, in the Post Office at Harrisburg,
Pennsylvania, to the following person(s):
General Motors Corporation
Chevrolet Motor Division
c/o Dwayne D. Woodruff, Esquire
MEYER, DARRAGH, BUCKLER, BEBENEK & ECK
2000 Frick Building
Pittsburgh, PA 15219-6194
sch~ld, Esqu re
SERRA LLI, SCHIFFMAN,
BROWN , CALHOON, P.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
8
,:<F'P 10:, ";':, 0)1331"1'111[,[1" 1'..1"1'.....111
-
.
.
I:' "
.-
,
I"RI\j:,~ll't-: ~:C!~.!.'I'.!!:!Q.s-"~m ~.OI~_~IC!~~~I
(Munt be typ"",dttOIl ,llld sul.nutted in dUlll.iColt,,)
TO THE l'ROTHON01'l\IlY OF CUMDI':IILI\Ntl COUNTY:
PlflAllO Unt till! within I1llIl't.ftC fur the next Argurenl. ('~.
___ ....._ _____________ _ ......... u_ ..______.. ..___... ..________________ _.... ..--------------------.............. M
CAI"rION OF Cl\llE
(cnti.re copticn rnunt be stated in LuLl)
~ANCY L. JUMPER
vs.
GENERAL MOTORS CORPORATION and
CHEVROLET MOTOR DIVISION
( 1'1lI:is1tlff)
( lleLendilnt )
No.
95-4207 Civil
x
19 95
1. State m.1tter to be <lr<JUed (i.o.. plaintiff's llDtion for new trinl. defendant's
dmurrcr to C011llaint. etc. I :
Preliminary Objections
2. Id;mtify counsel ..no will argue case:
(al for plllintiff:
~n:
(b) for def~.nt:
/lddreolS:
3. 1 will notify .1.ll po:irtics
been Ustcd (or argutlP./lt_
4. I\r9U1'C"t ('..our!: o.,l.e:
ClEItP.d:
Gary Rot.hschild, Esquire
Serrat.e11i, Schiffman Q Brown, P.C.
Suite 106
2040 Linglestown Road, "~rrisburg, PA 17110
Dwayne D, Woodruff, Esquire
Meyer, Darraeh, Buckler, Bebcnck & Eek
2000 Frick Buildine
Pittsburgh, PA 15219
In writing wi thin booQ dilys tl1lIt this case Ms
V
April 17, 1996
a/~:~,-.-
"j(i:j,rney for Deh'n ants
FA y. c.trJ1 AP-f~M
~ (.'.A. - .l~
M ttfnI~.l~.A-
L~:L )-t.l..thcftJ ~fL. _
~~1Vt ern ~
4)"/'16
~.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY L. JUMPER, CIVIL DIVISION
Plaintiff, No. 95-4207 Civil Term
vs. Code No.
GENERAL MOTORS CORPORATION, PRAECIPE FOR APPEARANCE
CHEVROLET MOTOR DIVISION,
Filed on Behalf of Defendant, GENERAL
Defendant. MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION
Counsel of Record for this Party:
DWAYNE D. WOODRUFF, ESQUIRE
PA. I.D. #53154
MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK
Firm No. 198
2000 Frick Building
Pittsburgh, PA 15219-6194
Telephone No,: (412) 261-6600
Fax No.: (412) 471-2754
P16500J 1
-'
_.~~--~.--:---...-:;... '..'~_: '-':-"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY L. JUMPER,
CIVIL DIVISION
Plaintiff,
No. 95-4207 Civil Term
vs.
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant.
PRAECIPE FOR APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant, GENERAL MOTORS
CORPORATION, CHEVROLET MOTOR DIVISION in the above-captioned casa,
Respectfully submitted,
MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK
By
Pf65003 ,
---
-- .- -:--.:.:::..~-- -.'"7--- .,.- ,0:" __
PROOF OF SERVICE
I hereby certify that I am this day serving the foregoing PRAECIPE FOR
APPEARANCE upon the persons and in the manner indicated below:
Service bv First-Class Mail, Addressed as follows:
DATE: f'-::P-.P/
1'16!JOOO 1
Gary L. Rothschild, Esquire
2040 Linglestown Road, Suite 106
Harrisburg, PA 17110
(Counsel for Plaintiff)
MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK
By4~~E
Counsel for Defendant, General Motors
Corporation, Chevrolet Motors Division
,- ..;....;..._.._~ ~.7-.-_...:-... '.
~
.
~.~.
"'f-.
.,
:s:
0-
~
M
,-
Ille'"
:~ ~~~.
"
-
-
" )
,
u 0
Co
....
...
V1
-'
,
7~-'~.-:-_._.",:"
-
-.
-.;--
H. "1~.'lD"U.".r.u...III"U.
(lro1'lN01 OOH....,.lfOlUIWI. 1f'
C.'-7
I.. n......
SfRRATU.U. SClIlHMAN & BRUWN. r.c
\1'1I111W>
lfHO 1'....II.""e"'... MIl",I"
Ill.IlI\IlI'llt.. r^ 11110 94ft]
}p!' 1
..j-V
r; .(1,,(,17'
.",.,'
..,
~ ~ ~
il~i
.:J iil r-..
a; ~
..~"
~
NANCY L. JUMPER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-4207 CIVIL TERM
vs.
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant
PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
AND NOW, COMES the Plaintiff, Nancy L. Jumper, by and
through her counsel, Gary L. Rothschild, Esquire, and the law
firm of Serratelli, Schiffman, Brown & Calhoon, P.C. who files
this Brief in Opposition to Defendant's Preliminary Objections to
Plaintiff's Complaint.
I. STATEMENT OF FACTS
Plaintiff commenced the above-captioned cause of action by
filing a Complaint on August 7, 1995, alleging violations of the
Pennsylvania's Automobile Lemon Law and the Pennsylvania's Unfair
Labor Trade Practice and Consumer Protection Law.
Plaintiff purchased the subject automobile on or about March
22, 1994 and shortly thereafter began noticing a whining noise
when driving the vehicle at approximately 30 mph and again at
1
~~:i...
approximately 55 mph. Additionally, Plaintiff noticed a knocking
sound from the vehicle's transmission when the vehicle was placed
into reverse.
On numerous occasions Plaintiff returned the vehicle to
Defendant's agent from whom Plaintiff had purchased the vehicle
attempting tu have the automobile repaired. Defendant's agent
attempted to repair the whining and knocking noises by allegedly
replacing the transaxle in the sUbject vehicle. The alleged
repair did not improve the defects of which Plaintiff complains.
Plaintiff, in her Complaint, alleged that the condition, set
forth above, of the subject vehicle "substantially impairs its
use, value and safety" (Plaintiff's complaint at paragraph 19).
Defendant, in its Preliminary Objections to Plaintiff's
Complaint, has averred that the whining and knocking noises as
alleged by Plaintiff are part of the design of the subject
vehicle and therefore Plaintiff's Complaint fails to state a
defect or condition which essentially impairs the use, value or
safety of the subject vehicle, under the Pennsylvania Automobile
Lemon Law.
2
ISSUES PRESENTED
I. Should a preliminary objection, in the form of a
demurrer, be overruled where the complaint clearly
establishes a possible right to relief under the
Pennsylvania Automobile Lemon Law, accepting all well
plead facts and reasonable inferences therefrom?
suggested Answer: Yes
II. Should a Preliminary Objection, in the form of a
demurrer, be overruled in Plaintiff's action under the
Pennsylvania Unfair Trade practices and Consumer
Protection Law, where the Complaint clearly establishes
a possible right to relief, accepting all well plead
facts and reasonable inferences therefrom?
Suggested Answer: Yes
I. A Preliminary Objection, in the form of a demurrer, should be
overruled where the complaint clearly establishes a possible
right to relief under the Pennsylvania Automobile Lemon Law,
accepting all well plead facts and reasonable inferences
therefrom.
3
.:lii;
...
plaintiff's Complaint alleges a whining noise when driving
the vehicle at different speeds as well as a knocking sound from
the vehicle's transmission when the vehicle is placed into
reverse. Plaintiff's complaint also avers that Defendant's agent
attempted, on numerous occasions, to repair the alleged defects
and that the repair attempts were unsuccessful. Plaintiff
further alleges that these sounds and conditions, which still
persist after Defendant's agent's repair attempts, sUbstantially
impair the vehicles use, value and safety. (Plaintiff's
complaint, paragraphs 10, 17 and 19).
The pennsylvania Automobile Lemon Law sets forth a
manufacturer's repair obligations to include "a non-conformity
which substantially impairs the use, value or safety of the said
motor vehicle which may occur within a period of one (1) year
following the actual delivery of the vehicle to the purchaser,
within the first 12,000 miles of use, or during the term of the
warranty, whichever may first occur." 73 P.S. 51954(a).
Additionally, the Lemon Law defines non-conformity as "a
defect or condition which substantially impairs the use, value or
safety of a new motor vehicle and does not conform to the
manufacturer's express warranty". 73 P.S. 51952.
4
Preliminary Objections in the nature of a demurrer must
admit the truth of the factual averments of the Complaint, but
not conclusions of law, as well as all reasonablv deducible
inferences therefrom. The demurrer must be dismissed if the
averments of the Complaint set forth a cause of action which, if
proven, would entitle the party to relief. Harvev. et.al. vs.
Goedecke. et.al., 114 Dauphin 129, 130 (1994) citing Abadie vs.
Riddle Memorial Hospital, 404 Pa. Super. B, 5B9 A.2d 1143, 1144
(1991) (emphasis added) (citations omitted). See Kimbob. Inc. v.
Pennsv Supplv. Inc., 114 Dauphin 64, 66 (1994) citinq, Olon vs.
Commonwealth of Pennsvlvania. Department of Corrections, 147 Pa.
Commwlth 22, 24, 606 A.2d 1241, 1242 (1992) (when reviewing the
question of whether Plaintiff's complaint clearly fails to
establish a right to relief, any doubt must be resolved in favor
of overruling that demurrer) and Ebv. et. al. vs. Milton Hershev
Medical Center, 113 Dauphin 15B, 163 (1993). (If there is any
doubt as to the propriety of a judgment in favor of a demurring
party, it should not be entered.)
The Superior Court has similarly indicated, in reviewing the
granting of Preliminary Objections in the nature of a demurrer,
that it "must accept as true every well-pleaded fact in
[Plaintiff's] complaint and all inferences reasonably deducible
5
-
therefrom to decide whether [plaintiff] has stated a cognizable
cause of action. Further, "[i]f there is any doubt as to whether
a claim for relief has been stated, that doubt should be resolved
in favor of overruling the demurrer". Gentzler vs. Atlee, _
Pa. superior 660 A.2d 1378, 1379 (1995).
Clearly the dispute between the parties in the instant
matter is whether the noises alleged by Plaintiff substantially
impair the use, value or safety of the subject vehicle due to a
mechanical deficiency or are, as Defendant alleges, "part of the
design of... the... vehicle".
Plaintiff has alleged various deficiencies in the subject
vehicle and the fact that the deficiencies impair the vehicle's
safety, value or use. Based solely on these allegations and the
reasonable inference therefrom, a cause of action under the
applicable laws has been established. "[T]he questions of
whether the facts alleged in [Plaintiff's] complaint can be
proved or whether [Plaintiff] actually suffered any damages are
not before [this Court]." Gentzler at 1381. The Court must
simply decide whether the Plaintiff's allegations make out a
cause of action under the applicable law. Id. (citation
omitted) .
Therefore, based on the foregoing, Defendant's Preliminary
Objections should be overruled.
6
II. A Preliminary Objection, in the form of a demurrer, should
be overruled where the Complaint clearly establishes a possible
right to relief under the Pennsylvania Unfair Trade Practice and
Consumer Protection Law, accepting all well plead facts and
reasonable inferences therefrom.
The Pennsylvania Automobile Lemon Law states that a
violation of the Lemon Law shall also be a violation of the
Unfair Trade Practices and Consumer Protection Law. 73 P.S.
51961. Therefore, Plaintiff avers that as the Preliminary
objections should be overruled relative to the Lemon Law, so too
should they be overruled relative to the Unfair Trade Practices
and Consumer Protection Law.
WHEREFORE, it is respectfully requested that Defendant's
Preliminary Objections be overruled, and in the alternative, if
Defendant's Preliminary Objections are sustained that Plaintiff
be granted leave to amend her Complaint.
Resp'ectfully sUfmitted,
/1t-: /~~J'V(
Gary . Rothsch ld, Esqu re
SERRATELLI, SCHIFFMAN,
BROWN , CALHOON, P.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
Attorney for Plaintiff
7
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-4207 CIVIL TERM
NANCY L. JUMPER,
Plaintiff
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant
.
.
.
.
CERTIFICATE OF SERVICE
/~~
Gary Rothsch1ld, Esqu re
SERRATELLI, SCHIFFMAN,
BROWN , CALHOON, P.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
I, Gary L. Rothschild, Esquire, do hereby certify that on
this .JL day of F:. Ar J.' rl , 1996, I served a copy of the
foregoing Plaintiff's Brief in opposition to Defendant's
Preliminary Objections to Plaintiff's Complaint by first class
mail, postage prepaid, in the Post Office at Harrisburg,
Pennsylvania, to the following person(s):
General Motors Corporation
Chevrolet Motor Division
c/o Dwayne D. Woodruff, Esquire
MEYER, DARRAGH, BUCKLER, BEBENEK & ECK
2000 Frick Building
Pittsburgh, PA 15219-6194
8
NANCY L. JUMPER, I IN THE COURT OF COMMON PLEAG OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I
I
GENERAL MOTORS CORPORATION, . NO. 95-4207
.
CHEVROLET MOTOR DIVISION, .
.
Defendant I CIVIL ACTION - LAW
IN REI DEFENDAN~'S PRELIMINARY OBJEC~ION
~O PLAIN~IFF'S COMPLAIN~
BEFORE SHEELY. P.J.. HOFFER. J.. AND HESS. J.
AND NOW, this
" ~I_( j- ORDER
, " '
, " day of April, 1996, after careful
consideration, Defendant's Preliminary Objections to Plaintiff's
Complaint are DENIED.
By the Court,
/ / I /:.- r;/
//r, '- 1 / - ..rl/---
Hatdld E. SheeYy~ P.J.
Gary L. Rothschild, Esquire
For the Plaintiff
_ Cc-FOo 0..."-.:.(...<.- '1/ ;J.?/%.
,~, (-1.
Dwayne D. Woodruff, Esquire
For the Defendant
Isld
" .,., ..........,!
NANCY L. JUMPER,
Plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I NO. 95-4207
I
I CIVIL ACTION - LAW
v.
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant
IN REI DEFENDANT'S PRELIMINARY OBJECTION
TO PLAINTIFF'S COMPLAINT
BEFORE SHEELY. P.J.. HOFFER. J.. AND HESS. J.
OPINION AND ORDER OF COURT
This present action arises out of the sale of a vehicle to
Plaintiff by Defendant General Motors Corporation, Chevrolet
Motor Division. Before this Court is Defendant's Preliminary
Objection to Plaintiff's Complaint. We heard argument on this
matter on April 17, 1996.
FACTS
Plaintiff Nancy L. Jumper commenced this action by filing a
Complaint on August 7, 1995, alleging a violation of the
Automobile Lemon Law, 73 P.S. Section 1951 et sea., and the
Unfair Trade Practices and Consumer Protection Law, 73 P.S.
Section 201-1 et sea. According to the Complaint, Plaintiff
alleges that she purchased a new and unused 1994 Chevrolet Geo
Coupe on March 22, 1994. (Pl.'s Complaint para. 5). Plaintiff
traded in a 1984 Chevrolet Coupe and received a trade-in
allowance of $600.00 toward the $9,101.00 purchase price of the
1994 Chevrolet Geo Coupe. Id. at para. 7, 8. Plaintiff alleges
that on or about April 19, 1994, after the vehicle had been
NO. 95-4207 CIVIL TERM
driven less than 500 miles, she noticed a whining noise when
driving the vehicle approximately 30 mph and again when the
vehicle was traveling at approximately 55 mph. ~ at para. 10.
Additionally, Plaintiff alleges that she noticed a knocking sound
from the transmission when the vehicle was placed into reverse.
IlL..
Plaintiff returned the vehicle to Defendant's agent, Forbes
Chevrolet, in an attempt to have the vehicle repaired. Id. at
para. 11. Forbes claims to have replaced the transax1e in
Plaintiff's automobile on or about June 9, 1994. (Pl.'s
Complaint at para. 13). After this alleged repair, Plaintiff's
vehicle exhibited the same noises which still exist to this day.
~ at 14, 17. The vehicle was not repaired and this dispute was
submitted to arbitration. Id. at para. 15.
On November 14, 1995, Defendant filed Preliminary Objections
to Plaintiff's Complaint. Plaintiff Nancy Jumper filed an Answer
to Defendant's Preliminary Objections on December 5, 1995.
DISCUSSION
Defendant claims that Plaintiff fails to set forth a cause
of action under the Unfair Trade Practice and Consumer Protection
Laws and the complaint must be dismissed. Defendant bases this
allegation on the argument that Plaintiff's Complaint fails to
aver a defect which substantially impairs the use, value or
safety of the vehicle because whining and knocking noises do not
rise to the level of substantial impairments. As a result of
2
NO. 95-4207 CIVIL TERM
these allegations, Defendant requests that Plaintiff's ComplAint
be stricken in total with prejudice.
When considering preliminary objections in the nature of a
demurrer, "the Court must accept as true all well-pleaded
material facts in the complaint as well as all reasonable
inferences that may be drawn from those facts." O'Brien v.
TownshiD of Ra1pho, 166 Pa.Commow. 337, 340, 646 A.2d 663, 665
(1994). Conclusions of law and unjustified inferences are not
admitted by the pleading. Greenspan v. U.S. Automobile
Association, 324 Pa.Super. 315, 318, 471 A.2d 856, 858 (1984).
The role of the trial court is "to determine whether or not the
facts pleaded are legally sufficient to permit the action to
continue." Coolev v. East Norriton TownshiD, 78 Pa.Commow. 11,
13 n.3, 466 A.2d 765, 767 n.3 (1983). According to the
Pennsylvania Superior Court, a preliminary objection in the
nature of a demurrer should only be granted in cases that are
free from doubt. Britt v. Chestnut Hill Col1eae, 429 Pa.Super.
263, 271, 632 A.2d 557, 560 (1993).
Because Pennsylvania is a fact-pleading state, "A complaint
must not only give the defendant notice of what the plaintiff's
claim is and the grounds upon which it rests, but it must also
formulate the issues by summarizing those facts essential to
support the claim." Alpha Tau Omeaa Fraternitv v. Universitv of
PennsYlvania, 318 Pa.Super. 293, 298, 464 A.2d 1349, 1352 (1983).
On its own motion, or as an alternative to granting a demurrer, a
3
NO. 95-4207 CIVIL TERM
trial court may permit or require the amendment of a pleading
where the complaint is not inherently unsound but only
incomplete. Motheral v. Burkhart, 400 Pa.Super. 408, 583 A.2d
1180 (1990). Maddux v. Pennsvlvania DeDartment of Aoriculture,
35 Pa.Commow. 386, 386 A.2d 620 (1978). The Pennsylvania Supreme
Court has held that "the right to amend should not be withheld
where there is some reasonable possibility that amendment can be
accomplished successfully." Otto v. American Mut. Ins. Co., 482
,
i
;
!
The Automobile Lemon Law provides as follow:
The manufacturer of a new motor vehicle sold
and registered in the Commonwealth shall
repair or correct, at no cost to the
purchaser, a nonconformity which
substantiallY imDairs the use. value or
safetv of said motor vehicle which may occur
within a period of one year following the
actual delivery of the vehicle to the
purchaser, within the first 12,000 miles of
use or during the term of the warranty,
whichever may first occur.
Pa. 202, 205, 393 A.2d 450, 451 (1978).
73 P.S. 1954(a) (emphasis added). The law further provides that
a nonconformity is "[a] defect or condition which substantially
impairs the use, value or safety of a new motor vehicle and does
not conform to the manufacturer's express warranty." 73 P.S.
Section 1952.
According to Section 1955, "If the 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 with a comparable motor vehicle of
4
NO. 95-4207 CIVIL TERM
equal value or accept return of the vehicle from the purchaser
the full purchase price. . ." 23 P.S. 1955. Pursuant to
Section 1961, "A violation of the Automobile Lemon Law also
constitutes a violation of the Unfair Trade Practices and
Consumer Protection Law." 73 P.B. 1961.
In the present case, Plaintiff alleges that "the current
condition of the automobile substantially impairs its use, value
and safety." (P1.'s Complaint at para. 19). Plaintiff further
alleges that "Defendant has failed to correct or repair the non-
conformity of the automobile . . . As a result of Defendant's
failure to correct or repair the non-conformity in the vehicle,
Plaintiff has suffered damages, and continues to suffer damages
as a result of the impaired use, value and safety of the
vehicle." Id. at para. 24.
Accepting as true these well-pleaded material facts, on the
face of the complaint these facts are legally sufficient to
permit the action to continue. Because preliminary objections in
the nature of a demurrer should only be granted in cases that are
free from doubt, we feel it would be premature in light of the
absence of a substantial record to dismiss this action. We
cannot say as a matter of law that the whining noise and knocking
sound is not a nonconformity which substantially impairs the use,
value or safety of said motor vehicle; especially, when there is
a sparse amount of case law which defines substantial impairment.
Although Defendant argues that these noises are design
5
NO. 95-4207 CIVIL TERM
characteristics of the least expensive General Motors' vehicle
and do not substantially impair the use, value or safety of the
vehicle, we believe it is too early to resolve this issue by
merely looking at the face of the complaint. Defendant's
Preliminary Objections are denied.
ORDER
AND NOW, this 25th day of April, 1996, after careful
consideration, Defendant's Preliminary Objections to Plaintiff's
Complaint are DENIED.
By the Court,
/s/ Harold E. Sheely
Harold E. Sheely, P.J.
Gary L. Rothschild, Esquire
For the Plaintiff
Dwayne D. Woodruff, Esquire
For the Defendant
:sld
6
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY L. JUMPER, CIVIL DIVISION
Plaintiff, No. 95-4207 Civil Term
vs. Code No.
GENERAL MOTORS CORPORATION, ANSWER AND NEW MATTER TO
CHEVROLET MOTOR DIVISION, PLAINTIFF'S COMPLAINT
Defendant. Filed on Behalf of Defendant, GENERAL
MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION
Counsel of Record for this Party:
: ....f\<<J.!' \: C(
'. 1&";:' h.r. h~' r.olifil"d 10 file:.. \\irhtcv. _
" ....l'.j-C 10 tl;t.o (,'I",:lo\cd~".J)\\~
, '
...;,h::IIWl'UY (.!~'i d.y\ frum icr,"ice
~~:r.:oi t . .. jl.dglllcul uUf be enlcrc
DWAYNE D. WOODRUFF, ESQUIRE
PA. I.D. #53154
MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK
Firm No. 198
2000 Frick Building
Pittsburgh, PA 15219-6194
Telephone No.: (412) 261-6600
Fax No.: (412) 471-2754
P211155.t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NANCY L. JUMPER,
CIVIL DIVISION
Plaintiff,
No. 95-4207 Civil Term
vs.
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant.
ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION, by and through its undersigned counsel, Dwayne D.
Woodruff, Esquire and MEYER, DARRAGH, BUCKLER, BEBENEK & ECK, and files the
within Answer and New Matter to Plaintiffs Civil Action Complaint and in support thereof
avers as follows:
1. Paragraph 1 of Plaintiffs Complaint is denied, and that after reasonable
investigation, this Defendant is without knowledge and/or information sufficient to form
a belief as to the truth of the averments of Paragraph 1 of Plaintiffs Complaint.
Therefore, Paragraph 1 of Plaintiffs Complaint is denied and strict proof thereof is
demanded at time of trial.
2. Paragraph 2 of Plaintiffs Complaint is admitted.
3. Paragraph 3 of Plaintiffs Complaint is denied, and that after reasonable
investigation, this Defendant is without knowledge and/or information sufficient to form
P2"M~S5 t
1
a belief as to the truth of the averments of Paragraph 3 of Plaintiffs Complaint.
Therefore, Paragraph 3 of Plaintiffs Complaint is denied and strict proof thereof is
demanded at time of trial.
4. Paragraph 4 of Plaintiffs Complaint is admitted.
5. Paragraph 5 of Plaintiffs Complaint is admitted in part and denied in part.
It is admitted that Plaintiff has attached a two-page untitled document as Exhibit "A".
No further admissions were made and/or intended in regard to such exhibit. It is further
admitted that Plaintiff has attached an untitled two-page document to its Complaint as
Exhibit liB". No further admissions are made and/or intended in regard to such exhibit.
As to the remainder of Plaintiffs Paragraph 5, same is denied, and that after reasonable
investigation, this Defendant is without knowledge and/or information sufficient to form
a belief as to the truth of the averments contained in Paragraph 5 of Plaintiffs Complaint.
This Defendant was not a party to the retail sale of the vehicle to Plaintiff and therefore
same is denied and strict proof thereof will be demanded at time of trial.
6. Paragraph 6 of Plaintiffs Complaint is admitted.
7. Paragraph 7 of Plaintiffs Complaint is denied in that, after reasonable
investigation, this Defendant is without knowledge and/or information sufficient to form
a belief as to the truth of the averments of Paragraph 7 of Plaintiffs Complaint.
Therefore, this Defendant was not a party to the retail sale of the vehicle to the Plaintiff
and therefore same is denied and strict proof thereof will be demanded at the time of
trial.
P2119S5 t
2
8. Paragraph 8 of Plaintiffs Complaint is denied in that, after reasonable
Investigation, this Defendant Is without knowledge and/or Information sufficient to form
a belief as to the truth of the averments of Paragraph 8 of Plaintiffs Complaint.
Therefore, this Defendant was not a party to the retail sale of the vehicle to the Plaintiff
and therefore same is denied and strict proof thereof will be demanded at the time of
trial.
9. Paragraph 9 of Plaintiffs Complaint is denied in that, after reasonable
investigation, this Defendant is without knowledge and/or information sufficient to form
a belief as to the truth of the 'averments of Paragraph 9 of Plaintiffs Complaint.
Therefore, this Defendant was not a party to the retail sale of the vehicle to the Plaintiff
and therefore same is denied and strict proof thereof will be demanded at the time of
trial.
10. Paragraph 10 of Plaintiffs Complaint is denied in that, after reasonable
investigation, this Defendant is without knowledge and/or Information sufficient to form
a belief as to the truth of the averments in Paragraph 10 of Plaintiffs Complaint.
Therefore, Paragraph 10 of Plaintiffs Complaint is denied and strict proof thereof Is
demanded at the time of trial.
11. Paragraph 11 of Plaintiffs Complaint is denied. It is specifically denied
that any agents and/or representatives of General Motors attempted to repair Plaintiffs
vehicle. It is further denied that Forbes Chevrolet, Inc. is an agent of this answering
Defendant. As to the remainder of Plaintiffs Paragraph 11, same is denied and that
after reasonable investigation, this Defendant is without knowledge and/or information
P2t99$5 ,
3
as to the truth of the averments contained in Plaintiffs Paragraph 11. Therefore, the
remainder of Paragraph 11 of Plaintiffs Complaint Is denied and strict proof thereof will
be demanded at time of trial.
12. Paragraph 12 of Plaintiffs Complaint is denied. It is specifically denied
that any agents and/or representatives of General Motors attempted to repair Plaintiffs
vehicle. It is further denied that Forbes Chevrolet, Inc. is an agent of this answering
Defendant. As to the remainder of Plaintiffs Paragraph 12, same is denied and that
after reasonable investigation, this Defendant is without knowledge and/or information
as to the truth of the averments contained in Plaintiffs Paragraph 12. Therefore, the
remainder of Paragraph 12 of Plaintiffs Complaint is denied and strict proof thereof will
be demanded at time of trial.
13. Paragraph 13 of Plaintiffs Complaint is denied. It is specifically denied
that any agents and/or representatives of General Motors attempted to repair Plaintiffs
vehicle. It is further denied that Forbes Chevrolet, Inc. is an agent of this answering
Defendant. As to the remainder of Plaintiffs Paragraph 13, same is denied and that
after reasonable investigation, this Defendant is without knowledge and/or information
as to the truth of the averments contained in Plaintiffs Paragraph 13. Therefore, the
remainder of Paragraph 13 of Plaintiffs Complaint is denied and strict proof thereof will
be demanded at time of trial.
14. Paragraph 14 of Plaintiffs Complaint is denied. It is specifically denied
that any agents and/or representatives of General Motors attempted to repair Plaintiffs
vehicle. It is further denied that Forbes Chevrolet, Inc. is an agent of this answering
~. .
P211m51
4
. ....-.
Defendant. As to the remainder of Plaintiffs Paragraph 14, same is denied and that
after reasonable investigation, this Defendant is without knowledge and/or Information
as to the truth of the averments contained in Plaintiffs Paragraph 14. Therefore, the
remainder of Paragraph 14 of Plaintiffs Complaint is denied and strict proof thereof will
be demanded at time of trial.
15. Paragraph 15 of Plaintiffs Complaint is denied. It is specifically denied
that any agents and/or representatives of General Motors attempted to repair Plaintiffs
vehicle. It is further denied that Forbes Chevrolet, Inc. Is an agent of this answering
Defendant. As to the remainder of Plaintiff's Paragraph 15, same is denied and that
after reasonable Investigation, this Defendant Is without knowledge and/or information
as to the truth of the averments contained in Plaintiffs Paragraph 15. Therefore, the
remainder of Paragraph 15 of Plaintiffs Complaint is denied and strict proof thereof will
be demanded at time of trial.
16. Paragraph 16 of Plaintiffs Complaint is denied. It is specifically denied
that any agents and/or representatives of General Motors attempted to repair Plaintiffs
vehicle. It is further denied that Forbes Chevrolet, Inc. is an agent of this answering
Defendant. As to the remainder of Plaintiffs Paragraph 16, same is denied and that
after reasonable investigation, this Defendant is without knowledge and/or information
as to the truth of the averments .contained in Plaintiffs Paragraph 16. Therefore, the
remainder of Paragraph 16 of Plaintiffs Complaint is denied and strict proof thereof will
be demanded at time of trial.
P2tlm51
5
17. Paragraph 17 of Plaintiffs Complaint is denied. It is specifically denied
that any agents and/or representatives of General Motors attempted to repair Plaintiffs
vehicle. It is further denied that Forbes Chevrolet, Inc. is an agent of this answering
Defendant. As to the remainder of Plaintiffs Paragraph 17, same is denied and that
after reasonable investigation, this Defendant Is without knowledge and/or Information
as to the truth of the averments contained in Plaintiffs Paragraph 17. Therefore, the
remainder of Paragraph 17 of Plaintiffs Complaint is denied and strict proof thereof will
be demanded at time of trial.
Count I
Violation of Pennsvlvanla's Automobile Lemon Law.
73 P.S. & 1951. et sea.
18. Paragraph 18 of Plaintiffs Complaint which incorporates Paragraphs 1
through 17 are responded to herein by incorporating responses to said Paragraphs 1
through 17 as if same were fully. set forth at length herein.
19. Paragraph 19 of Plaintiffs Complaint states a conclusion of law to which
no response is required. If it is deemed that a response is required, same is denied.
It is specifically denied that the subject vehicle contained any non-conformities within the
meaning of the Act. It is specifically denied that the Plaintiffs vehicle contained any
defective condition which substantially impairs the use, value or safety of the vehicle,
and does not conform to the manufacturer's express warranty. By way of further
response, it is believed and therefore averred that the vehicle at the time it left the
P2'ggss ,
6
possession of this answering Defendant contained no defects of material or workmanship
and no conditions Incapable of appropriate and proper repair.
20. Paragraph 20 of Plaintiffs Complaint states a conclusion of law to which
no response is required. If It Is deemed that a response is required, same is denied.
II is specifically denied that the subject vehicle contained any non-conformities within the
meaning of the Act. It is specifically denied that the Plaintiffs vehicle contained any
defective condition which substantially impairs the use, value or safety of the vehicle,
and does not conform to the manufacturer's express warranty. By way of further
response, it is believed and therefore averred that the vehicle at the time it left the
possession of this answering Defendant contained no defects of material or workmanship
and no conditions incapable of appropriate and proper repair.
21. Paragraph 21 of Plaintiffs Complaint is denied. It is specifically denied
that any agents and/or representatives of General Motors attempted to repair the
Plaintiffs vehicle. By way of further response, this Defendant incorporates its response
to Plaintiffs Paragraph 21 as though same were fully set forth at length herein.
22. Paragraph 22 of Plaintiffs Complaint is denied. It is specifically denied
that any agents and/or representatives of General Motors attempted to repair the
Plaintiffs vehicle. By way of further response, this Defendant incorporates its response
to Plaintiffs Paragraph 22 as though same were fully set forth at length herein.
23. Paragraph 23 of Plaintiffs Complaint is denied as stated. It is specifically
denied that the Plaintiffs vehicle contained any non-conformities within the meaning of
the Act. It is specifically denied that the Plaintiffs vehicle contained any defective
P210iSS1
7
condition which substantially Impairs the use, value or safety of the vehicle, or does not
conform to the manufacturer's express warranty. By way of further response, it is
believed and therefore averred that the vehicle at the time it left the possession of this
answering Defendant contained no defects of material or workmanship and no conditions
incapable of appropriate or proper repair.
24. Paragraph 24 of Plaintiffs Complaint is denied as stated. It is specifically
denied that the Piaintiffs vehicle contained any non-conformities within the meaning of
the Act. It is specifically denied that the Plaintiffs vehicle contained any defective
condition which substantially impairs the use, value or safety of the vehicle, or does not
conform to the manufacturer's express warranty. By way of further response, it is
believed and therefore averred that the vehicle at the time it left the possession of this
answering Defendant contained no defects of material or workmanship and no conditions
incapable of appropriate or proper repair. In regard to the remainder of Plaintiffs
Paragraph 24 in regard to the alleged Plaintiffs damages, same are denied in that after
reasonable investigation, this Defendant is without knowledge and/or information
sufficient to form a belief as to the truth of the allegations contained in the remainder of
Plaintiffs Paragraph 24. Therefore, the remainder of Plaintiffs Paragraph 24 is denied
and strict proof thereof is demanded at the time of trial.
WHEREFORE, this Defendant denies any and all liability to the Plaintiff under any
cause of action declared or set forth in Plaintiffs Complaint and accordingly requests that
Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant.
P2199S5 ,
8
Count II
Violation of Pennsvlvanla's Unfair Trade Practice
and Consumer Protection Law. 73 P.S. 6 201-1. et. sea.
25. Paragraph 25 of Plaintiffs Complaint which incorporates Paragraphs 1
through 24 are responded to herein by responses to Paragraphs 1 through 24 as though
same were fully set forth at length herein.
26. Paragraph 26 of Plaintiffs Complaint states conclusions of law to which no
response is required. If it is deemed that a response is required, same is denied. It is
specifically denied that the answering Defendant's actions and/or admissions constitute
any violation of the Pennsylvania Automobile Lemon Law. By way of further response,
it is believed and therefore averred that the Plaintiff has failed to set forth a cause of
action for Pennsylvania Automobile Lemon Law and as such is not entitled to request
remedies under the Pennsylvania Unfair Trade Practice and Consumer Protection Law.
WHEREFORE, this Defendant denies any and all liability to the Plaintiff under any
cause of action declared or set forth in Plaintiffs Complaint and accordingly requests that
Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant.
NEW MATTER
27. The Plaintiffs Complaint fails to state a claim against this Defendant upon
which relief may be granted.
28. At the time of the original manufacture, assembly and delivery of the
automobile by this Defendant, an express limited new vehicle warranty was offered
concerning the involved automobile. The said express limited new vehicle warranty is
P2t9955 ,
9
specifically limited by the terms thereof and all applicable provisions of the warranty are
incorporated herein by reference as if fully set forth at length herein.
29. It is denied that at the time of the original assembly and delivery of the
involved vehicle that same possessed any defects or conditions which were not capable
of appropriate and proper repair.
30. Should evidence be developed during the course of preparation of trial of
this case or at the trial of this case, this Defendant reserves the right to assert as a
defense the conditions complained of by the Plaintiff, as such being the result of the
actions of the Plaintiff in the uses of the vehicle or the result or actions of others for
whom this Defendant has no legal responsibility.
31. At all times material hereto, there existed a Dealer Sales and Service
Agreement which defines the scope and relationship between General Motors
Corporation and Forbes Chevrolet, Inc. That document specifically disclaims any
agency relationship.
32. All applicable provisions of the Pennsylvania Automobile Lemon Law
Statute as referenced in the Plaintiffs Complaint are incorporated herein by reference
and set forth at length as appropriate defenses where applicable to the Complaint.
33. All applicable provisions of the Pennsylvania Unfair Trade Practice Act as
referenced by the Plaintiffs Complaint are incorporated herein by reference and set forth
as appropriate defenses where applicable to the Complaint.
34. The Plaintiff has failed to set forth a cause of action under the Pennsylvania
Automobile Lemon Law, 73 P.S. ~ 1951 et. sea.
P2199SSt
10
35. The Pennsylvania Automobile Lemon Law provides in ~ 1954(a) the repairs
required by a manufacturer.
36. The Plaintiff has failed to set forth sufficient facts to entitle Plaintiff to
I
damages as claimed in Plalntiff~ Complaint.
37. The Plaintiffs Complaint Is barred by the applicable statute of limitations.
WHEREFORE, this Defendant denies any and all liability to the Plaintiff and any
cause of action declared or set forth in Plaintiffs Complaint and accordingly requests that
Plaintiffs Complaint be dismissed and that judgment be entered in favor of Defendant.
Respectfully submitted,
By.
AYNE D. WOOD FF, ESQUIRE
Counsel for Defendant, General Motors
Corporation, Chevrolet Division
P211195$ ,
11
YERIEICAIUHI
STATE OF MICHIGAN)
) SS.
COUNTY OF WAYNE )
NANCY S. KENNEDY, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE
IS AUTHORIZED PURSUANT TO APPLICABLE LAW AND RULES TO VERIFY THE
FOREGOING ANSWER AND NEW MAnER TO PLAINTIFF'S COMPLAINT AND THAT
THE FOREGOING ANSWER AND NEW MAnER TO PLAINTIFF'S COMPLAINT ARE
HEREBY VERIFIED ON BEHALF OF GENERAL MOTORS CORPORATION IN THIS
LITIGATION.
~"I\<UJ..U~ ~ cYv.u,ud J '~
NANC S. KENNEDY
AUTHORIZED AGENT
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 20TH DAY
OF MAY, 1996.
c ~., C\'
1 ,'- \1:J ( L t~~-.J
NOTARY P BLIC
CAROLYN E. STOEHR
bry Public, Wayne County, Mich.
PottCommlssionElq)/resJune24,l996
PROOF OF SERVICE
DATE: y,3L:.:7tf"
MEYER, DARRAGH, BUCKLER,
BEBENEK & ECK
By4~~'RE
Counsel for Defendant, General Motors
Corporation, Chevrolet Division
I hereby certify that I am this day serving the foregoing ANSWER AND
NEW MATTER TO PLAINTIFF'S COMPLAINT upon the persons and in the manner
indicated below:
Service bv First-Class Mall. Postaae Pre-paid. Addressed as follows:
Gary L. Rothschild, Esquire
Suite 106,2040 Unglestown Road
Harrisburg, PA 17110-9483
(Counsel for Plaintiff)
P2tns5 t
-..
,
HI.
,
,.
,
,:
~)
,;'
,.
-.. Gl
r~ c:
.::' .. hJ
III (. ~ .:;
(,.)1', . .. :
h- I.'- ~- j
11..---
(1 ~ ';:)
1 " ,-.
t~) , ('.J I >~
II ~,
..1, ('. i'~'j
tl.' u; l~~
I v-~
U.. . "
'- (. .
-''lIIt-',
~- OC'"'"_
"'-"--...
...
~~ 0
....
~
8 r~ GO
0
~ ~ ..
'"
'" ~ ~ ....
iJ ~
....
~
-
I.. ........
SF.RRATELU. SClllffMAN lit BROWN. r.c.
SllV".IM..
JotO tJN(d '.I"MN lnAU
1I.u.....u.l.l,rA 11110 9.IJ
~~
vs.
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 95-4207 CIVIL TERM
NANCY L. JUMPER,
Plaintiff
GENERAL MOTORS CORPORATION,
CHEVROLET MOTOR DIVISION,
Defendant
.
.
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned matter settled and
discontinued.
Respectfully submitted,
/
. Rothsch ld, Esqu re
SER TELLI, SCHIFFMAN,
BROWN , CALHOON, P.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
Attorney for plaintiff