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OCN-L-001170-24 05/03/2024 10:16:06 AM Pg1of24 Trans ID: LCV20241133318
Jacqueline C. Herritt, Esquire ATTORNEY FOR PLAINTIFF
Identification No. 030551989
KIMMEL & SILVERMAN, P.C.
Executive Quarters
1930 E. Marlton Pike, Suite Q29
Cherry Hill, NJ 08003
(856) 429-8334
Mark J. Aponte SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - OCEAN COUNTY
Plaintiff,
v.
CIVIL ACTION
FCA US LLC
NO.
Defendant.
COMPLAINT
1 Plaintiff, Mark J. Aponte, is an adult individual citizen and legal resident of the State of
New Jersey, 734 Maple Ave, Brick, NJ, 08724.
2. Defendant, FCA US LLC, is a corporation qualified to do and regularly conduct business
in the State of New Jersey, with an address of 1000 Chrysler Drive, CIMS 485-13-32, Auburn
Hills, MI 48326-2766, Defendant can be served at this address.
3. Plaintiff brings this Complaint seeking repurchase or replacement of the involved motor
vehicle, at Plaintiffs option, pursuant to the New Jersey Lemon Law and as such, the Lemon
Law is Plaintiff's fundamental cause of action. The Plaintiff's claims under the Magnuson Moss
Warranty Act are secondary to the Plaintiffs Lemon Law claims and are sought by the Plaintiff
as an alternative plea for relief should the trier of fact and law determine that the vehicle’s repair
history does not warrant the relief provided by the Lemon Law.
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BACKGROUND
4. On or about April 28, 2022, Plaintiff leased a new 2022 Jeep Grand Cherokee L,
manufactured and warranted by Defendant, bearing the Vehicle Identification Number
1C4RJKAGIN8542699.
5. The vehicle was leased in the State of New Jersey and is registered in the State of New
Jersey,
6. The lease price of the vehicle, including registration charges, document fees, sales tax,
finance and bank charges, but excluding other collateral charges not specified, yet defined by the
Lemon Law, totaled more than $29,753.34. A true and correct copy of the contract is attached
hereto, made a part hereof, and marked Exhibit “A.”
7 In consideration for the lease of said vehicle, Defendant issued to Plaintiff several
warranties, guarantees, affirmations or undertakings with respect to the material or workmanship
of the vehicle and/or remedial action in the event the vehicle fails to meet the promised
specifications.
8. The above-referenced warranties, guarantees, affirmations or undertakings are/were part
of the basis of the bargain between Defendant and Plaintiff.
9. The parties' bargain includes an express 3 year/36,000 mile warranty, as well as other
guarantees, affirmations and undertakings as stated in Defendant's warranty materials and
owner's manual.
10. However, as a result of the ineffective repair attempts made by Defendant through its
authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its
intended purposes, and is worthless to Plaintiff.
11. Within the warranty period, Plaintiff complained about defects and or non-conformities
to the following vehicle components: steering system; electrical system; start/stop system;
transmission and engine. True and correct copies of all invoices in Plaintiff's possession are
attached hereto, made a part hereof, and marked Exhibit “B.”
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12. The vehicle continues to exhibit the foregoing defects and nonconformities which
substantially impair its use, value and/or safety.
COUNT I
NEW JERSEY MOTOR VEHICLE WARRANTY ACT
13. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by
reference as if fully set forth at length herein.
14. Plaintiff is a "Consumer" as defined by N.J.S.A. §56:12-30.
15. Defendant, is a "Dealer” and/or “Manufacturer” as defined by N.J.S.A. §56:12-30.
16. On or about April 28, 2022, Plaintiff took possession of the above mentioned vehicle and
experienced “Nonconformities” as defined by N.J.S.A. §56:12-30, which substantially impair the
use, value and/or safety of the vehicle.
17. Defendant through its authorized dealer failed to provide written notification that the
vehicle was covered by the New Jersey Motor Vehicle Warranty Act as provided in N.J.S.A.
§56:12-34(c). Plaintiff believes and therefore avers said failure is a per se violation of the New
Jersey Consumer Fraud Act, N.J.S.A. §56:8-1 et seg., as well as a violation of the New Jersey
Motor Vehicle Warranty Act §N.J.S.A. 56:12-29 et seq.
18. The persistence of the Nonconformities described herein violate the express written
warranties issued to Plaintiff by Defendant.
19. §56:12-32 of the New Jersey Motor Vehicle Warranty Act provides:
a. If, during the period specified in section 3 of this act, the manufacturer... or its dealer or distributer, is
unable to repair or correct the a nonconformity within a reasonable time, the manufacturer... shall
accept return of the motor vehicle from the consumer. In the case of a motor vehicle... the
manufacturer shall provide the consumer with a full refund of the purchase price of the original motor
vehicle including any stated credit or allowance for the consumer's used motor vehicle, the cost of any
options or other modifications arranged, installed, or made by the manufacturer or its dealer within 30
days after the date or original delivery, and any other charges or fees including, but not limited to, sales
tax, license and registration fees, finance charges, reimbursement for towing and reimbursement for
actual expenses incurred by the consumer for the rental of a motor vehicle equivalent to the consumer's
motor vehicle and limited to the period during which the consumer's motor vehicle was out of service
due to a nonconformity, less a reasonable allowance for vehicle use.
20. §56:12-33 of the New Jersey Motor Vehicle Warranty Act provides a presumption of a
reasonable number of repair attempts:
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It is presumed that a manufacturer...or its dealer is unable to repair or correct a nonconformity within a
reasonable time if, within the first 24,000 miles of operation or during the period of two years
following the date of original delivery of the motor vehicle to the a consumer, whichever is the earlier
date:
(1) Substantially the same nonconformity has been subject to repair three or more times by the
manufacturer...or its dealer or distributor, other than a nonconformity subject to examination or
repair pursuant to paragraph (3) of this subsection because it is likely to cause death or serious
bodily injury if the vehicle is driven and the nonconformity continues to exist;
2) The motor vehicle is out of service by reason of repair for one or more nonconformities for a
cumulative total of 20 or more calendar days...since the original delivery of the motor vehicle and
a nonconformity continues to exist; or
G) A conformity which is likely to cause death or serious bodily injury if the vehicle is driven has
been subject to examination or repair at least once by the manufacturer...or its dealer or
distributor, and the nonconformity continues to exist.
The presumption contained in sub-section a. of this section shall apply against a manufacturer only if
the manufacturer. ..or the dealer or distributor, has received written notification, by or on behalf of the
consumer, by certified mail return receipt requested, of a potential claim pursuant to the provisions of
this act and has had one opportunity to repair or correct the defect or condition within 10 calendar days
following receipt of the notification. Notification by the consumer shall take place any time after the
motor vehicle has had substantially the same nonconformity subject to repair two or more times or has
been out of service by reason of repair for a cumulative total of 20 or more calendar days...or with
respect to a nonconformity which is likely to cause death or serious bodily injury if the vehicle is
driven, the conformity has been subject to examination or repair at least once by the manufacturer...or
its dealer or distributor, and the nonconformity continues to exist.
21. Plaintiff has satisfied the above definition as the vehicle has been subject to repair more
than three (3) times for the same Nonconformity, and the Nonconformity remained uncorrected.
22.In addition, the above vehicle has or will be out of service by reason of the
Nonconformities complained of for a cumulative total of twenty (20) or more calendar days.
23. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair
facility of the Defendant on numerous occasions.
24, After a reasonable number of attempts, Defendant was unable to repair the
Nonconformities.
25. Plaintiff has been and will continue to be financially damaged due to Defendant’s
intentional, reckless, wanton, and negligent failure to comply with the provisions of N.J.S.A.
§56:12-29 et seq.
26. Plaintiff has provided Defendant with a final repair opportunity prior to filing this
Complaint.
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27. Pursuant to N.J.S.A. §56:12-29 et seq., Plaintiff seeks relief for losses due to the
Nonconformities and defects affecting the above-mentioned vehicle in addition to reasonable
attorney fees and all court costs.
WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount
equal to the price of the subject vehicle, plus all collateral charges, attorneys' fees, and court
costs.
COUNT II
MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT.
28. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by
reference as if fully set forth at length herein.
29, Plaintiffis a "consumer" as defined by 15 U.S.C. §2301(3).
30. Defendant is a "supplie von> warrantor", and a "service contractor" as defined by 15 U.S.C.
§ 2301 (4), (5) and (8), respectively.
31. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1).
32. By the terms of its express warranties, implied warranties, affirmations, promises, or
service contracts, Defendant agreed to perform effective repairs at no charge for parts and/or
labor.
33. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all
warranties implied by state law. Said warranties are imposed on all transactions in the state in
which the vehicle was delivered.
34, Defendant has made attempts on several occasions to comply with the terms of its
express warranties, implied warranties and contracts; however, such repair attempts have been
ineffective.
35. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) provides:
Ifa consumer finally prevails on an action brought under paragraph (1) of this subsection, he may be
allowed by the court to recover as part of the judgment a sum equal to the amount of aggregate amount of
costs and expenses (including attorney fees based upon actual time expended), determined by the court to
have been reasonably incurred by the Plaintiff for, or in connection with the commencement and
prosecution of such action, unless the court, in its discretion shall determine that such an award of
attorney’s fees would be inappropriate.
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36. Plaintiff has afforded Defendant a reasonable number of opportunities to conform the
vehicle to the aforementioned express warranties, implied warranties and contracts.
37. As a direct and proximate result of Defendant’s failure to comply with its express
warranties, implied warranties and contracts, Defendant has breached said warranties, has
violated the Magnuson-Moss Warranty Improvement Act, and Plaintiff has suffered damages in
accordance with 15 U.S.C, §2310(d)(1). Plaintiff is entitled to bring suit for such damages and
other legal and equitable relief.
38. As a direct and proximate result of Defendant’s failure to comply with its express implied
warranties and contracts, Plaintiff has suffered damages and, in accordance with 15 U.S.C.
§2310(d)(1) and NJ Stat.Ann 12A, including but not limited to 12A:2-713, 12A:2-714 and
12A:2-715 and/or 12A:2A-518, 12A:2A-519 and 12A:2A-520, Plaintiff is entitled to bring suit
for such damages and other legal and equitable relief and hereby does so through this Complaint.
39. Plaintiff avers Defendant’s informal dispute settlement mechanism is not in compliance
with 16 CFR 703 with regards to the claims set forth herein.
40. At the time of obtaining possession of the vehicle and at all times subsequent thereto,
Plaintiff has justifiably relied upon Defendant’s express warranties and implied warranty of
fitness for a particular purpose and implied warranty of merchantability.
41, At the time of obtaining possession of the vehicle and at all times subsequent thereto,
Defendant was aware Plaintiff was relying upon Defendant’s express and implied warranties,
obligations, and representations with regard to the subject vehicle.
42. Plaintiff has incurred damages as a direct and proximate result of the breach and failure
of Defendant to honor its express and implied warranties.
43. Such damages include, but are not limited to, the sales price of the vehicle plus all
collateral charges, including attorney fees and costs, as well as other expenses, the full extent of
which are not yet known.
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44, Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim set forth
herein, all attorney fees and costs are recoverable and are demanded against Defendant.
WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount
equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential
damages, reasonable attorneys' fees, and all court costs.
KIMMEL & SILVERMAN, P.C.
lel Gacgueline 0, Horitt
By:
JACQUELINE C. HERRITT, ESQUIRE
Attorney for Plaintiff
Executive Quarters
1930 E. Marlton Pike, Suite Q29
Cherry Hill, NJ 08003
(856) 429-8334
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JURY-DEMAND
Plaintiff hereby demands a trial by jury as to all the issues.
KIMMEL & SILVERMAN, P.C.
lel Sacqueliue Q. Hemitt
By:
JACQUELINE C. HERRITT, ESQUIRE
Attorney for Plaintiff
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CERTIFICATION PURSUANT TO R.4:15-1
Upon knowledge and belief I hereby certify that there are no other actions or arbitrations
related to this suit pending or presently contemplated.
KIMMEL & SILVERMAN, P.C.
al acqueliue 0. Heritt
By:
JACQUELINE C. HERRITT, ESQUIRE
Attorney for Plaintiff
OCN-L-001170-24 05/03/2024 10:16:06 AM Pg 10of24 Trans ID: LCV20241133318
DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE that pursuant to Rule 4:25-4, Jason L. Greshes, Attorney ID
Number 037512001, is designated as trial counsel for plaintiff, Mark Aponte, in this case.
KIMMEL & SILVERMAN, P.C.
|e] Yacguetine (2. Perit
B
JACQUELINE C. HERRITT, ESQUIRE
Attorney for Plaintiff
OCN-L-001170-24 05/03/2024 10:16:06 AM Pg1lof24 Trans ID: LCV20241133318
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Preview
OCN-L-001170-24 05/03/2024 10:16:06 AM Pg1of24 Trans ID: LCV20241133318 Jacqueline C. Herritt, Esquire ATTORNEY FOR PLAINTIFF Identification No. 030551989 KIMMEL & SILVERMAN, P.C. Executive Quarters 1930 E. Marlton Pike, Suite Q29 Cherry Hill, NJ 08003 (856) 429-8334 Mark J. Aponte SUPERIOR COURT OF NEW JERSEY LAW DIVISION - OCEAN COUNTY Plaintiff, v. CIVIL ACTION FCA US LLC NO. Defendant. COMPLAINT 1 Plaintiff, Mark J. Aponte, is an adult individual citizen and legal resident of the State of New Jersey, 734 Maple Ave, Brick, NJ, 08724. 2. Defendant, FCA US LLC, is a corporation qualified to do and regularly conduct business in the State of New Jersey, with an address of 1000 Chrysler Drive, CIMS 485-13-32, Auburn Hills, MI 48326-2766, Defendant can be served at this address. 3. Plaintiff brings this Complaint seeking repurchase or replacement of the involved motor vehicle, at Plaintiffs option, pursuant to the New Jersey Lemon Law and as such, the Lemon Law is Plaintiff's fundamental cause of action. The Plaintiff's claims under the Magnuson Moss Warranty Act are secondary to the Plaintiffs Lemon Law claims and are sought by the Plaintiff as an alternative plea for relief should the trier of fact and law determine that the vehicle’s repair history does not warrant the relief provided by the Lemon Law. OCN-L-001170-24 05/03/2024 10:16:06 AM Pg2of24 Trans ID: LCV20241133318 BACKGROUND 4. On or about April 28, 2022, Plaintiff leased a new 2022 Jeep Grand Cherokee L, manufactured and warranted by Defendant, bearing the Vehicle Identification Number 1C4RJKAGIN8542699. 5. The vehicle was leased in the State of New Jersey and is registered in the State of New Jersey, 6. The lease price of the vehicle, including registration charges, document fees, sales tax, finance and bank charges, but excluding other collateral charges not specified, yet defined by the Lemon Law, totaled more than $29,753.34. A true and correct copy of the contract is attached hereto, made a part hereof, and marked Exhibit “A.” 7 In consideration for the lease of said vehicle, Defendant issued to Plaintiff several warranties, guarantees, affirmations or undertakings with respect to the material or workmanship of the vehicle and/or remedial action in the event the vehicle fails to meet the promised specifications. 8. The above-referenced warranties, guarantees, affirmations or undertakings are/were part of the basis of the bargain between Defendant and Plaintiff. 9. The parties' bargain includes an express 3 year/36,000 mile warranty, as well as other guarantees, affirmations and undertakings as stated in Defendant's warranty materials and owner's manual. 10. However, as a result of the ineffective repair attempts made by Defendant through its authorized dealer(s), the vehicle is rendered substantially impaired, unable to be utilized for its intended purposes, and is worthless to Plaintiff. 11. Within the warranty period, Plaintiff complained about defects and or non-conformities to the following vehicle components: steering system; electrical system; start/stop system; transmission and engine. True and correct copies of all invoices in Plaintiff's possession are attached hereto, made a part hereof, and marked Exhibit “B.” OCN-L-001170-24 05/03/2024 10:16:06 AM Pg 3of24 Trans ID: LCV20241133318 12. The vehicle continues to exhibit the foregoing defects and nonconformities which substantially impair its use, value and/or safety. COUNT I NEW JERSEY MOTOR VEHICLE WARRANTY ACT 13. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 14. Plaintiff is a "Consumer" as defined by N.J.S.A. §56:12-30. 15. Defendant, is a "Dealer” and/or “Manufacturer” as defined by N.J.S.A. §56:12-30. 16. On or about April 28, 2022, Plaintiff took possession of the above mentioned vehicle and experienced “Nonconformities” as defined by N.J.S.A. §56:12-30, which substantially impair the use, value and/or safety of the vehicle. 17. Defendant through its authorized dealer failed to provide written notification that the vehicle was covered by the New Jersey Motor Vehicle Warranty Act as provided in N.J.S.A. §56:12-34(c). Plaintiff believes and therefore avers said failure is a per se violation of the New Jersey Consumer Fraud Act, N.J.S.A. §56:8-1 et seg., as well as a violation of the New Jersey Motor Vehicle Warranty Act §N.J.S.A. 56:12-29 et seq. 18. The persistence of the Nonconformities described herein violate the express written warranties issued to Plaintiff by Defendant. 19. §56:12-32 of the New Jersey Motor Vehicle Warranty Act provides: a. If, during the period specified in section 3 of this act, the manufacturer... or its dealer or distributer, is unable to repair or correct the a nonconformity within a reasonable time, the manufacturer... shall accept return of the motor vehicle from the consumer. In the case of a motor vehicle... the manufacturer shall provide the consumer with a full refund of the purchase price of the original motor vehicle including any stated credit or allowance for the consumer's used motor vehicle, the cost of any options or other modifications arranged, installed, or made by the manufacturer or its dealer within 30 days after the date or original delivery, and any other charges or fees including, but not limited to, sales tax, license and registration fees, finance charges, reimbursement for towing and reimbursement for actual expenses incurred by the consumer for the rental of a motor vehicle equivalent to the consumer's motor vehicle and limited to the period during which the consumer's motor vehicle was out of service due to a nonconformity, less a reasonable allowance for vehicle use. 20. §56:12-33 of the New Jersey Motor Vehicle Warranty Act provides a presumption of a reasonable number of repair attempts: OCN-L-001170-24 05/03/2024 10:16:06 AM Pg 4of24 Trans ID: LCV20241133318 It is presumed that a manufacturer...or its dealer is unable to repair or correct a nonconformity within a reasonable time if, within the first 24,000 miles of operation or during the period of two years following the date of original delivery of the motor vehicle to the a consumer, whichever is the earlier date: (1) Substantially the same nonconformity has been subject to repair three or more times by the manufacturer...or its dealer or distributor, other than a nonconformity subject to examination or repair pursuant to paragraph (3) of this subsection because it is likely to cause death or serious bodily injury if the vehicle is driven and the nonconformity continues to exist; 2) The motor vehicle is out of service by reason of repair for one or more nonconformities for a cumulative total of 20 or more calendar days...since the original delivery of the motor vehicle and a nonconformity continues to exist; or G) A conformity which is likely to cause death or serious bodily injury if the vehicle is driven has been subject to examination or repair at least once by the manufacturer...or its dealer or distributor, and the nonconformity continues to exist. The presumption contained in sub-section a. of this section shall apply against a manufacturer only if the manufacturer. ..or the dealer or distributor, has received written notification, by or on behalf of the consumer, by certified mail return receipt requested, of a potential claim pursuant to the provisions of this act and has had one opportunity to repair or correct the defect or condition within 10 calendar days following receipt of the notification. Notification by the consumer shall take place any time after the motor vehicle has had substantially the same nonconformity subject to repair two or more times or has been out of service by reason of repair for a cumulative total of 20 or more calendar days...or with respect to a nonconformity which is likely to cause death or serious bodily injury if the vehicle is driven, the conformity has been subject to examination or repair at least once by the manufacturer...or its dealer or distributor, and the nonconformity continues to exist. 21. Plaintiff has satisfied the above definition as the vehicle has been subject to repair more than three (3) times for the same Nonconformity, and the Nonconformity remained uncorrected. 22.In addition, the above vehicle has or will be out of service by reason of the Nonconformities complained of for a cumulative total of twenty (20) or more calendar days. 23. Plaintiff has delivered the nonconforming vehicle to an authorized service and repair facility of the Defendant on numerous occasions. 24, After a reasonable number of attempts, Defendant was unable to repair the Nonconformities. 25. Plaintiff has been and will continue to be financially damaged due to Defendant’s intentional, reckless, wanton, and negligent failure to comply with the provisions of N.J.S.A. §56:12-29 et seq. 26. Plaintiff has provided Defendant with a final repair opportunity prior to filing this Complaint. OCN-L-001170-24 05/03/2024 10:16:06 AM Pg5of24 Trans ID: LCV20241133318 27. Pursuant to N.J.S.A. §56:12-29 et seq., Plaintiff seeks relief for losses due to the Nonconformities and defects affecting the above-mentioned vehicle in addition to reasonable attorney fees and all court costs. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, attorneys' fees, and court costs. COUNT II MAGNUSON-MOSS (FTC) WARRANTY IMPROVEMENT ACT. 28. Plaintiff hereby incorporates all facts and allegations set forth in this Complaint by reference as if fully set forth at length herein. 29, Plaintiffis a "consumer" as defined by 15 U.S.C. §2301(3). 30. Defendant is a "supplie von> warrantor", and a "service contractor" as defined by 15 U.S.C. § 2301 (4), (5) and (8), respectively. 31. The subject vehicle is a "consumer product" as defined by 15 U.S.C. § 2301(1). 32. By the terms of its express warranties, implied warranties, affirmations, promises, or service contracts, Defendant agreed to perform effective repairs at no charge for parts and/or labor. 33. The Magnuson-Moss Warranty Improvement Act requires Defendant to be bound by all warranties implied by state law. Said warranties are imposed on all transactions in the state in which the vehicle was delivered. 34, Defendant has made attempts on several occasions to comply with the terms of its express warranties, implied warranties and contracts; however, such repair attempts have been ineffective. 35. The Magnuson-Moss Warranty Improvement Act, 15 U.S.C. §2310(d)(2) provides: Ifa consumer finally prevails on an action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the amount of aggregate amount of costs and expenses (including attorney fees based upon actual time expended), determined by the court to have been reasonably incurred by the Plaintiff for, or in connection with the commencement and prosecution of such action, unless the court, in its discretion shall determine that such an award of attorney’s fees would be inappropriate. OCN-L-001170-24 05/03/2024 10:16:06 AM Pg 6of24 Trans ID: LCV20241133318 36. Plaintiff has afforded Defendant a reasonable number of opportunities to conform the vehicle to the aforementioned express warranties, implied warranties and contracts. 37. As a direct and proximate result of Defendant’s failure to comply with its express warranties, implied warranties and contracts, Defendant has breached said warranties, has violated the Magnuson-Moss Warranty Improvement Act, and Plaintiff has suffered damages in accordance with 15 U.S.C, §2310(d)(1). Plaintiff is entitled to bring suit for such damages and other legal and equitable relief. 38. As a direct and proximate result of Defendant’s failure to comply with its express implied warranties and contracts, Plaintiff has suffered damages and, in accordance with 15 U.S.C. §2310(d)(1) and NJ Stat.Ann 12A, including but not limited to 12A:2-713, 12A:2-714 and 12A:2-715 and/or 12A:2A-518, 12A:2A-519 and 12A:2A-520, Plaintiff is entitled to bring suit for such damages and other legal and equitable relief and hereby does so through this Complaint. 39. Plaintiff avers Defendant’s informal dispute settlement mechanism is not in compliance with 16 CFR 703 with regards to the claims set forth herein. 40. At the time of obtaining possession of the vehicle and at all times subsequent thereto, Plaintiff has justifiably relied upon Defendant’s express warranties and implied warranty of fitness for a particular purpose and implied warranty of merchantability. 41, At the time of obtaining possession of the vehicle and at all times subsequent thereto, Defendant was aware Plaintiff was relying upon Defendant’s express and implied warranties, obligations, and representations with regard to the subject vehicle. 42. Plaintiff has incurred damages as a direct and proximate result of the breach and failure of Defendant to honor its express and implied warranties. 43. Such damages include, but are not limited to, the sales price of the vehicle plus all collateral charges, including attorney fees and costs, as well as other expenses, the full extent of which are not yet known. OCN-L-001170-24 05/03/2024 10:16:06 AM Pg7of24 Trans ID: LCV20241133318 44, Plaintiff avers that upon successfully prevailing upon the Magnuson-Moss claim set forth herein, all attorney fees and costs are recoverable and are demanded against Defendant. WHEREFORE, Plaintiff respectfully demands judgment against Defendant in an amount equal to the price of the subject vehicle, plus all collateral charges, incidental and consequential damages, reasonable attorneys' fees, and all court costs. KIMMEL & SILVERMAN, P.C. lel Gacgueline 0, Horitt By: JACQUELINE C. HERRITT, ESQUIRE Attorney for Plaintiff Executive Quarters 1930 E. Marlton Pike, Suite Q29 Cherry Hill, NJ 08003 (856) 429-8334 OCN-L-001170-24 05/03/2024 10:16:06 AM Pg 8of24 Trans ID: LCV20241133318 JURY-DEMAND Plaintiff hereby demands a trial by jury as to all the issues. KIMMEL & SILVERMAN, P.C. lel Sacqueliue Q. Hemitt By: JACQUELINE C. HERRITT, ESQUIRE Attorney for Plaintiff OCN-L-001170-24 05/03/2024 10:16:06 AM Pg9of24 Trans ID: LCV20241133318 CERTIFICATION PURSUANT TO R.4:15-1 Upon knowledge and belief I hereby certify that there are no other actions or arbitrations related to this suit pending or presently contemplated. KIMMEL & SILVERMAN, P.C. al acqueliue 0. Heritt By: JACQUELINE C. HERRITT, ESQUIRE Attorney for Plaintiff OCN-L-001170-24 05/03/2024 10:16:06 AM Pg 10of24 Trans ID: LCV20241133318 DESIGNATION OF TRIAL COUNSEL PLEASE TAKE NOTICE that pursuant to Rule 4:25-4, Jason L. Greshes, Attorney ID Number 037512001, is designated as trial counsel for plaintiff, Mark Aponte, in this case. KIMMEL & SILVERMAN, P.C. |e] Yacguetine (2. Perit B JACQUELINE C. HERRITT, ESQUIRE Attorney for Plaintiff OCN-L-001170-24 05/03/2024 10:16:06 AM Pg1lof24 Trans ID: LCV20241133318 so ! ‘N),C0-L8G,0620-0_ 0216 HRYSLER ‘NEW JERSEY MOTOR VEHICLE LEASE’ ‘AGREEMENT GLOSED-END © CAPT TALS 9, ApONTE ahd Gragg Asan we Lasser (Bee) ee ] ce | kerk auen exivee ene i has nod Borne Bh HS AOE 8G Bares A be ee ia a i DOOMETEA EAS OVE 45 ocr ‘Bo, apt ayb. irene ame ee ‘oat. 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