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ANDERSON v. RIZZA CHEVROLET

June 12, 1998

JOYCE E. ANDERSON, individually and on behalf of all others similarly situated, Plaintiffs,
v.
RIZZA CHEVROLET, INC., Defendant.



The opinion of the court was delivered by: NORGLE

OPINION AND ORDER

 CHARLES R. NORGLE, SR., District Judge:

 Before the court is Defendant's Motion for Summary Judgment on Counts I and II. For the following reasons, Defendant's motion is granted.

 I. BACKGROUND *fn1"

 In or before March 1996, Plaintiff Joyce E. Anderson ("Anderson") struck a deal with Rose Hocevar ("Hocevar"), a mortgage broker. Anderson agreed to act as a guarantor on Hocevar's car loan, if Hocevar would waive her brokerage fees when Anderson refinanced her rental property. Anderson understood Hocevar's fees to be somewhere between three and four thousand dollars.

 In late March 1996, Anderson along with her husband Ronald Anderson, accompanied Hocevar to purchase an automobile from Defendant Rizza Chevrolet, Inc. ("Rizza"). Hocevar had her heart set on a used Mercedes, and Rizza happened to have just one on its premises. After a short test drive, Hocevar indicated that she wanted the car. After agreeing on a purchase price of $ 23,850.00, Hocevar, accompanied by the Andersons went to the finance manager's office. At some point during the conversation, Hocevar inquired about an extended service contract ("E.S.C."). Anderson testified to the events surrounding the E.S.C. as follows:

 
Q. What did the finance manager tell Hocevar it would cost her to purchase an [E.S.C.]?
 
A. $ 1,495.00.
 
Q. And when he told that to Hocevar, what did Hocevar say to him?
 
A. She wanted to know if it could be written into the financing.
 
Q. Did she say anything else about the price of the [E.S.C.] to the finance manager?
 
A. No. She just accepted it.
 
Q. Did she complain it was too high?
 
A. No.
 
Q. Did you?
 
A. No.
 
. . .
 
Q. Up until the time the finance manager quoted you that price for purposes of the [E.S.C.], had you seen anything in writing regarding its price?
 
A. No, I didn't.
 
Q. And when the finance manager quoted that price for the [E.S.C.], it was then your intention to cosign for ...

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