Lemon Law Complaint

IN THE COURT OF COMMON PLEAS OF [COUNTY] COUNTY, PENNSYLVANIA

CIVIL DIVISION

NOTICE TO DEFEND

[Pa.R.C.P. 1018.1]

YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following complaint, you must take action within twenty (20) days after this complaint and notice are served upon you by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.

[PLACEHOLDER – Name, Address, and Telephone Number of County Bar Association Lawyer-Referral Service]

TABLE OF CONTENTS

1. Caption & Notice to Defend
2. Preliminary Statement
3. Parties
4. Jurisdiction & Venue
5. Factual Allegations
6. Counts
   - Count I – Violation of Pennsylvania Automobile Lemon Law
   - Count II – Breach of Express and Implied Warranties (U.C.C.)
   - Count III – Violation of Magnuson-Moss Warranty Act (optional)
7. Demand for Jury Trial
8. Prayer for Relief
9. Certification of Compliance (Pa.R.C.P. 1023.1)
10. Verification
11. Signature Block

1. CAPTION

PLAINTIFF:
[PLAINTIFF FULL LEGAL NAME], an adult individual,
with an address at [STREET ADDRESS, CITY, STATE, ZIP].

v.

DEFENDANT(S):

1. [MANUFACTURER NAME], a [STATE] corporation,
   with a principal place of business at [ADDRESS].

2. [DEALERSHIP NAME], a Pennsylvania corporation,
   with a principal place of business at [ADDRESS].

Docket No.: _______
Civil Action – Complaint
Jury Trial Demanded

2. PRELIMINARY STATEMENT

1. This is an action for statutory, equitable, and monetary relief arising out of the pervasive and uncorrected defects in Plaintiff’s newly-purchased motor vehicle, in violation of Pennsylvania’s Automobile Lemon Law, 73 Pa. Stat. Ann. §§ 1951–1963 (the “Lemon Law”), related warranty statutes, and applicable federal law.
2. Plaintiff seeks, inter alia, replacement of the non-conforming vehicle or a full refund of the purchase price, collateral charges, attorneys’ fees, costs, and such other relief as this Court deems just and proper.

3. PARTIES

3. Plaintiff [NAME] (“Plaintiff”) is an individual citizen and resident of the Commonwealth of Pennsylvania.
4. Defendant [MANUFACTURER] (“Manufacturer”) is a corporation organized under the laws of [STATE] with systematic and continuous business contacts in Pennsylvania, including the manufacture, distribution, and sale of motor vehicles.
5. Defendant [DEALERSHIP] (“Dealer”) is a Pennsylvania corporation that sold the subject vehicle to Plaintiff and performed repair attempts described herein.

4. JURISDICTION & VENUE

6. Jurisdiction is proper under 42 Pa. Cons. Stat. § 931 and the Lemon Law because Defendants conduct business in Pennsylvania and the transaction at issue occurred in this Commonwealth.
7. Venue is proper in this Court pursuant to Pa.R.C.P. 2179(a)(1)–(2) because Defendants regularly conduct business in [COUNTY] County and the cause of action arose here.

5. FACTUAL ALLEGATIONS

8. On or about [DATE], Plaintiff purchased a new [YEAR, MAKE, MODEL] bearing Vehicle Identification Number (“VIN”) [VIN] (the “Vehicle”) from Dealer for the total purchase price of $[AMOUNT], inclusive of taxes and fees (“Purchase Price”).
9. The Vehicle was accompanied by Manufacturer’s new-vehicle limited warranty (the “Warranty”).

10. Within [FIRST DEFECT MILEAGE]/[DAYS] of delivery and before the Vehicle had accumulated 12,000 miles or been in service for 12 months, whichever occurred first, the Vehicle exhibited the following non-conformities:
    a. [DEFECT #1];
    b. [DEFECT #2];
    c. [ADDITIONAL DEFECTS].

11. Plaintiff promptly presented the Vehicle to authorized Manufacturer service facilities for repairs on at least [NUMBER] separate occasions and for a cumulative total of more than [X] calendar days out of service, as detailed below:

12. Despite these repair attempts, the non-conformities persist and substantially impair the use, value, and safety of the Vehicle.
13. Plaintiff provided Manufacturer with written notice of the defects and an opportunity to cure pursuant to § 1954 of the Lemon Law on [DATE], but Manufacturer failed/refused to replace the Vehicle or refund the Purchase Price.

6. COUNTS

COUNT I – VIOLATION OF PENNSYLVANIA AUTOMOBILE LEMON LAW

(73 Pa. Stat. Ann. §§ 1951–1963)

14. Plaintiff incorporates Paragraphs 1–13 as though fully set forth herein.
15. The Vehicle constitutes a “new motor vehicle” under 73 Pa. Stat. Ann. § 1952.
16. Defects described above appeared within the Lemon Law protection period (1 year/12,000 miles).
17. Defendants were unable to conform the Vehicle to the Warranty after a reasonable number of attempts, triggering Plaintiff’s statutory right to a refund or replacement.
18. Defendants’ failure to comply entitles Plaintiff to:
    a. Refund of the full Purchase Price, finance charges, registration fees, taxes, and other collateral charges; or
    b. Replacement of the Vehicle with a new comparable vehicle at no cost; and
    c. Mandatory attorneys’ fees and costs.

COUNT II – BREACH OF EXPRESS AND IMPLIED WARRANTIES

(Pennsylvania Uniform Commercial Code)

19. Plaintiff incorporates Paragraphs 1–18.
20. Defendants’ express written Warranty constitutes an express warranty under 13 Pa. Cons. Stat. § 2313.
21. The persistent defects constitute breach of express warranty and implied warranty of merchantability (§ 2314).
22. Plaintiff has provided reasonable notice of breach, satisfying § 2607(c)(1).
23. Plaintiff seeks revocation of acceptance, damages equal to the Purchase Price less reasonable use, incidental and consequential damages, and attorneys’ fees (where statutorily authorized).

COUNT III – MAGNUSON-MOSS WARRANTY ACT (OPTIONAL)

(15 U.S.C. §§ 2301 et seq.)

24. Plaintiff incorporates Paragraphs 1–23.
25. The Warranty is a “written warranty” under 15 U.S.C. § 2301(6).
26. Defendants’ failure to cure defects amounts to breach, entitling Plaintiff to damages, costs, and reasonable attorneys’ fees pursuant to 15 U.S.C. § 2310(d).

7. DEMAND FOR JURY TRIAL

Pursuant to Pa. Const. art. I, § 6 and Pa.R.C.P. 216, Plaintiff demands a trial by jury on all issues so triable.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, granting:

A. Statutory refund of the Purchase Price, collateral charges, and finance charges, or replacement of the Vehicle with a new vehicle of equal value, at Plaintiff’s election;
B. Incidental and consequential damages, including but not limited to towing, rental, and repair costs;
C. Treble damages (if determined applicable under any count);
D. Reasonable attorneys’ fees and costs of suit as mandated by statute;
E. Pre- and post-judgment interest as allowed by law;
F. Injunctive relief enjoining Defendants from further Lemon Law violations; and
G. Such other and further relief as the Court deems just and proper.

9. CERTIFICATION OF COMPLIANCE

(Pa.R.C.P. 1023.1)

The undersigned hereby certifies that, to the best of the undersigned’s knowledge, information, and belief formed after reasonable inquiry, the claims set forth herein are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law; that the factual contentions have evidentiary support; and that this pleading is not interposed for any improper purpose.

10. VERIFICATION

[Pa.R.C.P. 1024]

I, [PLAINTIFF NAME], verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 (relating to unsworn falsification to authorities).

Date: _____________ _______________________________
[PLAINTIFF NAME]

11. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME], Esquire
PA I.D. No. [NUMBER]
[ADDRESS]
[PHONE] | [EMAIL] | [FAX]
Counsel for Plaintiff