Founding Partners were honored for building the State’s oldest and largest lemon law firm and helping to recover $150 million for distressed drivers throughout the region.

For Immediate Release – For the sixth year in a row, Robert M. Silverman and Craig Thor Kimmel, founding partners of the Ambler and Pittsburgh-based lemon law and consumer advocacy firm of Kimmel & Silverman, have been named Pennsylvania Super Lawyers in a survey conducted by Law & Politics Magazine. In addition, Jacqueline Herritt, Managing Attorney for the Firm and a 11-year lemon law veteran, has also been named to the list for a third year running. Kimmel & Silverman is proud to have more Consumer Lawyers named to the list than any other Firm in the State.

The findings are published in the June 2009 edition of Philadelphia Magazine. More than 34,000 attorneys were asked to vote for the most effective counsel they have personally observed in action. Kimmel and Silverman were recognized among the top 5% of all attorneys statewide for building Pennsylvania’s oldest and largest full-service lemon law firm, and assisting more than 50,000 distressed drivers across the Northeast with cost-free legal representation.

Kimmel & Silverman is the only lemon law firm in the nation to be honored by the American Bar Association. Their efforts have been featured on Good Morning America, Extra, The CBS Early Show, and hundreds of newspapers and magazines including Kiplingers Personal Finance Magazine, Consumer Reports, Automotive News, Black Enterprise, and USA Today. The Firm, which started out of a small office in Blue Bell, PA in 1991, has grown to include five full-service offices across Eastern and Western Pennsylvania, New Jersey, Connecticut, and Delaware with a team of 11 attorneys, three certified automotive experts and a support staff of over 40 employees. The firm’s Lemon Law attorneys have also successfully represented consumers against several automotive manufacturers in national class action suits, and expanded their practice to include automotive dealer fraud claims and unfair trade practice litigation.

In addition, Kimmel & Silverman is the only PA lemon law firm to work with the House of Representatives in expanding the Pennsylvania Lemon Law to include leased cars and tighter title provisions for used cars. The firm has also worked with the Consumer Affairs Committee on House Bill 2284, which they hope will become the nation’s first Computer Lemon Law, and testified on bills to include additional protection for Pennsylvania consumers with motorcycles and recreational vehicles.

Most recently, attorney Bob Silverman and Kimmel & Silverman associate Amy L. Bennecoff worked with Chrysler counsel Jones Day and Fiat counsel Sullivan Cromwell to revise the Master Sales Agreement between the two companies to include specific language which protects all present and future Chrysler, Dodge and Jeep drivers who suffer repetitive defects with their vehicles.

ABOUT KIMMEL AND SILVERMAN

Kimmel & Silverman has five full-service offices located in Ambler, PA, Pittsburgh, PA, Wilmington, DE, Dayville, CT, and Cherry Hill, NJ, and provides lemon law and breach of warranty representation to consumers throughout Pennsylvania, New Jersey, Delaware, Massachusetts, New Hampshire, Connecticut and Ohio. For more information about Kimmel and Silverman, and the services they provide, please call 1-800-LEMON-LAW (1-800-536-6652) or visit the firm’s website at www.lemonlaw.com
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Sales Agreement Initially Created Confusion As To Whether Consumers Would Receive Protection Under Manufacturers Warranty; Now Revised to Protect All Present and Future Drivers

(New York, NY)  June 1, 2009—Working directly with Chrysler’s counsel Jones Day and Fiat’s counsel Sullivan Cromwell, attorneys Robert M. Silverman and Amy L. Bennecoff of the Northeast Lemon Law Firm of Kimmel and Silverman were successful in revising the Master Sales Agreement between Chrysler and Fiat to specifically include a provision that all present and future warranty claims, including lemon law and breach of warranty matters, will be assumed by the New Chrysler when the sales order is scheduled to go into effect on or before Monday, June 15, 2009.  

Previously, the Master Transaction Agreement (MTA) was unclear as to how consumers with unresolved warranty claims would be treated by the new organization.  “Upon review of the MTA, there appeared to be two conflicting provisions,” said lemon law attorney Amy L. Bennecoff. ‘It was unclear whether the new company being formed would take on the liabilities of the previous company, including lemon law and breach of warranty remedies for consumers who suffered repetitive problems with their vehicles.”  

Furthermore, as reported in numerous media outlets, immediately following Chrysler’s bankruptcy announcement, the company stopped payment on all checks from previously settled lemon law and breach of warranty claims, and stayed all litigation until further notice.  “We have a number of clients who suffered significant water leaks with their Jeeps, resulting in mold issues, who were promised a refund, and were getting nothing,” said lemon law attorney Bob Silverman.  ‘Another client, who is suffering from Multiple Sclerosis, is fearful to get into her Dodge conversion van because she never knows when it will stall.  We filed a lemon law claim and she was to receive a full refund, and now that refund process itself is stalled.  She has lost all of her freedom.  In one swoop, hundreds of our clients and thousands of consumers throughout the Nation lost protection that they were clearly entitled to under State and Federal Laws. We had to take action immediately.”  

In response to the situation, Silverman and Bennecoff filed an objection to the 363 sale of Chrysler’s assets.  They also simultaneously filed a motion to form a specific unsecured creditors committee made up of lemon law and breach of warranty claimants who no longer had the right to seek remedy or recourse under State or Federal Law, despite suffering repetitive non-conformities which affect the use, value and safety of their vehicle.  Both motions were filed May 19th. 

To address the motions and similar issues brought to their attention by consumer attorneys from across the Nation, the proposed sale order released Tuesday, May 27 provided some clarification on consumer rights. However, it still left numerous questions unanswered.  “There was mention of refunds, but the language did not identify whether these refunds included partial refunds or cash damages,” said Bennecoff.  ‘The Federal Magnuson Moss Warranty Act, for example, provides monetary damages to those who suffer either non-conformities which are not significant enough to warrant a full repurchase under the Lemon Law, or that occur once outside the Lemon Law provisions.”  In Magnuson Moss claims, consumers are entitled to maintain ownership of their vehicle, and they receive monetary compensation to reflect the diminished value of their vehicles. Also, there was no additional clarification on what would happen to the claims which were filed and/or resolved prior to the bankruptcy filing.  

After several meetings between Silverman, Bennecoff, Fiat’s counsel and Chrysler’s counsel, it was agreed that paragraph 19 of the MTA would be revised to specifically address the attorneys’ concerns and to permanently protect consumers’ rights under State and Federal Law. As a result of the revision, Silverman and Bennecoff withdrew their objections to the sale. 

The sale order was signed Sunday, May 31 by Judge Arthur J. Gonzalez of the United States Bankruptcy Court for the Southern District of New York, and the sale is scheduled to take place on or before Monday, June 15.  Both Chrysler and Fiat’s Counsel specifically attributed Bennecoff and Silverman for making the revision a reality. They were the only lemon law lawyers involved in this process. 

“This is great news not just for our clients, but also for the company itself and its many dealers,” said Silverman. ‘With the liquidation sales and incentives being advertised, those looking to purchase one of these vehicles can do so with the satisfaction of knowing that they are fully protected if something does go wrong. I applaud Chrysler and Fiat for taking the time to work with us, and for standing behind the warranty and quality of their product.” 

ABOUT KIMMEL & SILVERMAN

Since its inception in 1991, Kimmel and Silverman has successfully resolved more than 50,000 lemon law and breach of warranty claims throughout the Northeast, recovering more than $150 million for their clients.  Using fee-shifting provisions provided under State Lemon Laws and Federal Warranty Statutes, the Firm provides completely cost-free legal representation to drivers throughout Pennsylvania, New Jersey, Delaware, Maryland, Massachusetts, New Hampshire, Ohio, New York and Connecticut.  Their efforts have been lauded in numerous consumer news publications, and they are proud to be the only Lemon Law Firm in the Nation to be honored by the American Bar Association. (2002, Meritorious Recognition, Louis M. Brown Award).  For more information regarding the Firm and the services they provide, visit www.lemonlaw.com or call 1-800-LEMON-LAW (1-800-536-6652).


PITTSBURGH, PA., –Kimmel and Silverman, the oldest and largest lemon law firm in Western Pennsylvania is sharing their top ten list of the cars they see most in their Pittsburgh office.  In April, they worked on an investigative report with WTAE TV reporter Paul Van Osdel. Paul obtained a list from PENNDot (Pennsylvania Department of Transportation) of the 10 most troublesome brands of car sold in Western Pennsylvania.

Lawyers at Kimmel and Silverman found the list to be rather incomplete, as it only covered vehicles that were purchased back from the manufacturer and officially titled as lemons. The list did not include vehicles where consumers received thousands of dollars in monetary damages and were able to keep their cars.

Paul Van Osdel asked Kimmel and Silverman to compile a list of the cars they see the most in their Pittsburgh caseload. There was not enough time to share this information on the air as part of the  story, so 1 800 LEMON LAW is sharing the information with the consumer via their blog.  Their top ten are:
Chevrolet Cobalt
Chevrolet Impala
Chevrolet Silverado
Chevrolet Malibu
Jeep Grand Cherokee
Jeep Liberty
Chevrolet Equinox
Kia Sedona
Pontiac G6
Saturn VUE
Jeep Commander
Jeep Wrangler.
1 800 LEMON LAW works to educate drivers in the Western Pennsylvania area about their options when they are plagued by ineffective car repairs.  More information about the Lemon Law Firm of Kimmel and Silverman is available online at www.lemonlaw.com.

About Kimmel and Silverman, P.C.
With five full-service offices, serving distressed drivers throughout Pennsylvania, New Jersey, Delaware, Ohio, Connecticut, New Hampshire, and Massachusetts, Kimmel & Silverman is the Northeast’s oldest and largest lemon law and automotive consumer advocacy firm. The firm has provided cost-free lemon law and breach of warranty help to more than 50,000 consumers since its inception in 1991, recovering over $150 million for their clients. For more information about consumers’ rights, visit www.lemonlaw.com or call 1-800-LEMON-LAW (1-800-536-6652).


PHILADELPHIA, PA., –Kimmel and Silverman, the oldest and largest lemon law firm in the north east is sharing important consumer information on purchasing a car during this difficult economic downturn and dealing with Bankrupt Car Dealers in the Philadelphia region.

As the big-three continue to suffer and ask for more relief money, dealers continue to shut their doors in our area, and consumers are having problems obtaining registrations, getting their vehicles inspected and finding dealers who will fulfill repair requests under original or extended manufacturers warranties. To minimize these problems, Kimmel and Silverman suggest the following strategies:

FIRST when buying a car, make sure you keep all your paperwork. With dealers closing, you need to make sure you have all agreements regarding trade-ins in writing in case a bank contacts you and ask for a loan payment on a vehicle already turned in.

SECOND, make sure you understand the warranty you are purchasing. It is highly recommended that you purchase a vehicle that has a manufacturers warranty and that any extended warranties purchased are backed by the manufacturer. Manufacturers warranties allow you to take the car to any authorized manufacturers dealer in case your dealer closes down. If problems continue under your manufacturers warranty, you may be able to seek recourse under State and/or Federal Laws.

THIRD, make sure when taking your car in for service that you be as specific as possible regarding repairs needed. Dealers that are not closing are still cutting back, letting go of service personnel and not spending nearly the time on repair visits that they used to. Make sure you are as specific as possible in terms of what noise you heard and when you heard it, what sensor light popped on, where you felt that water leak. The more clues you give, the better chance the service personnel have of solving the problem. If you continue to feel like you are getting the run around, either a dealer constantly saying no problem found, or the problem not being fixed properly, you need to look into legal action.

FOURTH, if you feel that your car is giving you problems, you need to take action. When Daewoo was purchased by GM following the manufacturers problems, they acquired all the assets but none of the headaches. They were not responsible for any Daewoo warranty claims. If a bankruptcy hit one of the big three, this could impact hundreds of thousands of people who no longer would have a warranty. If something is wrong with your car, you need to get it addressed now. If you feel you may have a breach of warranty or lemon law claim, you need to address it with a consumer lawyer as soon as possible to protect yourself. Under State and federal laws, help is free in these situations.

1 800 LEMON LAW works to educate drivers in Philadelphia about their options when they are plagued by ineffective car repairs.  More information about the Lemon Law Firm of Kimmel and Silverman is available online at www.lemonlaw.com.

About Kimmel and Silverman, P.C.
With five full-service offices, serving distressed drivers throughout Pennsylvania, New Jersey, Delaware, Ohio, Connecticut, New Hampshire, and Massachusetts, Kimmel & Silverman is the Northeast’s oldest and largest lemon law and automotive consumer advocacy firm. The firm has provided cost-free lemon law and breach of warranty help to more than 50,000 consumers since its inception in 1991, recovering over $150 million for their clients. For more information about consumers’ rights, visit www.lemonlaw.com or call 1-800-LEMON-LAW (1-800-536-6652).


We are thrilled to announce that 1-800 LEMON LAW is taking a bite of the Big Apple and is now providing 100% cost-free lemon law help to distressed drivers throughout New York.  Our efforts have already been featured on Good Morning America, The CBS Early Show, News 4 New York and ‘Help Me Howard’ on WPIX TV.

The New York Lemon Law applies to new cars, both purchased and leased, which suffer a nonconformity; a defect or condition, which substantially impairs the use, value or safety; that has been addressed a substantial number of times (normally 3-4) by an authorized manufacturer’s dealership. This nonconformity must first occur within the first 24 months or 18,000 miles, whichever comes first. The New York Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first year.

If you think you may have a potential New York Lemon Law claim, click here and we will be glad to contact you to discuss your situation.


PHILADELPHIA – We all like to complain, right? But sometimes it can do some good.

Each year, thousands of drivers file complaints about their cars with the National Highway Traffic Safety Administration. Now, those complaints are public, and cars are ranked best to worst.

What’s more interesting is not what’s on the list but why because it affects all of us, no matter what we drive.

Here are the top 5 cars on the 2009 Car Complaint Index, released by the Center for Auto Safety:

Land Rover LR2

Mitsubishi Lancer

Pontiac Solstice

Dodge Avenger

Subaru Impreza

View the full car complaint index

What does the list mean? Consumer advocate Jack Gillis, author of the 2009 Car Book, and the efforts of the Center for Auto Safety, provide you with the vehicle complaints on file with the National Highway Traffic Safety Administration (NHTSA). Each year, thousands of Americans call their government to register complaints about their vehicles. The complaint index is based on a ratio of the number of complaints for each vehicle to the sales of that vehicle. The numbers represent relative index scores, not the number of complaints received. The complaint index score considers sales volume and years on the road. Lower index numbers are better.

What are the common problems we are seeing with cars these days in terms of defects and how it the current economy affecting warranty repairs? (As a result of the crippling economy, more and more dealers are closing and the manufacturers are limiting the amount of time they will pay a dealer to work on a vehicle. So, we are seeing many more “can not duplicates” where the dealer is not giving the consumer the time of day…problems with such components as brakes, steering and airbags–the big three from the index this year–are not really getting the attention they need.)

As the big-three continue to suffer and ask for more relief money, dealers continue to shut their doors in our areas, we are getting countless calls from consumers who are having problems obtaining registrations, getting their vehicles inspected and finding dealers who will fulfill repair requests under original or extended manufacturers warranties.

FIRST when buying a car, make sure you keep all your paperwork. With dealers closing, you need to make sure you have all agreements, regarding trade-ins, etc in writing in case a bank contacts you and ask for a loan payment on a vehicle already turned in.

SECOND, make sure you understand the warranty you are purchasing. It is highly recommended that you purchase a vehicle that has a manufacturers warranty and that any extended warranties purchased are backed by the manufacturer. Manufacturers warranties allow you to take the car to any authorized manufacturers dealer in case your dealer closes down. Also, if problems continue under your manufacturers warranty, you may be able to seek recourse under State and/or Federal Laws.

THIRD, make sure when taking your car in for service that you be as specific as possible regarding repairs needed. Dealers that are not closing are still cutting back, letting go of service personnel and not spending nearly the time on repair visits that they used to. Make sure you are as specific as possible in terms of what noise you heard and when you heard it, what sensor light popped on, where you felt that water leak. The more clues you give, the better chance the service personnel have of solving the problem. And if you continue to once again feel like you are getting the run around, either a dealer constantly saying no problem found, or the problem not being fixed properly, you need to look into legal action.

FOURTH, if you feel that your car is giving you problems, you need to take action. When Daewoo was purchased by GM following the manufacturers problems, they acquired all the assets but none of the headaches. They were not responsible for any Daewoo warranty claims. If a bankruptcy hit one of the big three, this could impact hundreds of thousands of people who no longer would have a warranty. If something is wrong with your car, you need to get it addressed now. And if you feel you may have a breach of warranty or lemon law claim, you need to address it with a consumer lawyer as soon as possible to protect yourself. Under State and federal laws, help is free in these situations.


As with most state lemon laws, the New York Lemon Law is aimed at protecting the rights of consumers. Kimmel and Silverman has been in the Lemon Law game since 1991 and are now adding New York to their already comprehensive list. For those of you who are not familiar with the Lemon Law but are wondering what to do with that car that just seems to keep ending up at the mechanics, we have some tried, true and trusted tips for you.

While the automobile manufacturers have been cutting costs across the board as a result of the troubling economy and the service departments have suffered significantly, this does not mean that you have to suffer. Manufacturers have instructed dealerships that they are only paying a certain amount toward a repair, and if the dealer cannot locate the problem within a certain period of time to send the consumer on their way. You will also notice that many of the top-level service representatives have been laid-off, replaced by those who have less experience, and thus require a lesser salary. In addition, manufacturers are not producing as many parts as they used to, resulting in various components being on back order for long periods of time.

If you find yourself in a situation like the ones described, that does not mean you should not take action. It is very important that when you are dealing with the dealer, you do the following:

** Make sure you clearly outline your problem or complaint with the service manager and confirm prior to leaving the dealership that your complaint is clearly written on the repair invoice as described. Do not hesitate to correct it if it is not.

**Upon return, ask to review what had been done to the car, if anything. Ask if any parts or components are replaced, and make sure these are listed on the repair invoice.

**If they cannot find the problem, ask to take the service adviser or representative on a test drive to try and duplicate it. If they cannot go for a test ride then, make sure you schedule the next appointment right then and there.

**If the problem is still present because a part needs to be ordered, make sure that is clearly listed on the repair invoice, as well as an estimated time as to when the dealer expects to receive the component.

**If a sensor light is still on, or there is still a noise because the part has not yet been replaced, and the dealer insists that the vehicle is still okay to drive, make sure they write this on the repair invoice. UNDER NO CIRCUMSTANCES SHOULD YOU BE DRIVING A CAR WITH A CHECK ENGINE LIGHT ON.

**If they insist they cannot find the problem, take the car to another authorized manufacturer dealership to have a fresh pair of eyes look at the problem. A manufacturers warranty enables a consumer to take their car to ANY authorized manufacturers dealership, regardless of where they purchased the car.

**Finally, please make sure you never leave your repair facility after a repair without an invoice. These invoices provide much needed information and should be kept in a safe place. Never accept an excuse from the dealer as to why you cannot have a copy (i.e. we are keeping the ticket open, our printer is down, we will mail you one.) Do not take delivery of your car without it.

This situation should not prevent you from looking into your rights to remedy under State and Federal Laws. If you feel as though you are being stalled in your repair efforts, go ahead and call 1800-Lemon-Law or head on over to www.lemonlaw.com


Thanks to consumer advocate Jack Gillis, author of the 2009 Car Book, and the efforts of the Center for Auto Safety, we are able to provide you with the vehicle complaints on file with the National Highway Traffic Safety Administration (NHTSA). Each year, thousands of Americans call their government to register complaints about their vehicles. The complaint index is based on a ratio of the number of complaints for each vehicle to the sales of that vehicle. The numbers represent relative index scores, not the number of complaints received. The complaint index score considers sales volume and years on the road. Lower index numbers are better.

View the full list here…


We are receiving many calls on the 1-800 LEMON LAW hotline from folks who are suffering significant transmission problems, where the vehicle is having troubles going from one gear to another. Most notably, we have taken several Ford Explorer cases this week. In two of these cases, they were in for transmission repair significant times under warranty and now, they are out of warranty and have to pay for a new transmission.

Folks, if your vehicle is younger than six years old, and you have been in three or more times under your original or extended warranty for transmission repair, we may be able to help. Under State and/or Federal Law, you could very well be entitled to monetary damages to reflect the diminished value of the vehicle as a result of the problems you have encountered EVEN IF YOU ARE NOW OUT OF WARRANTY.

Furthermore, if the vehicle is still relatively new and you are still under manufacturers warranty, you may even be entitled to a new vehicle or a full refund if you qualify under your State Lemon Law.

The bottom line is that transmission troubles need to be taken seriously. Even if the car is now fixed. You want to always protect yourself “down the road.” And yes, the pun was intended.


Consumer Sues For Fraud And Deceptive & Unfair Trade Practices

(January 13, 2009) Ambler, PA – A handicapped senior citizen who filed suit against the Cherry Hill Triplex automotive group of Southern New Jersey, claiming deception and theft, has won $13,893, in addition to treble damages of $41,679, plus attorneys fees, and will get to keep his vehicle, a 2005 Kia Sedona.  Craig Thor Kimmel and Melissa K. Fiala of the lemon law and consumer advocacy firm of Kimmel & Silverman, P.C. brought the case on behalf of the consumer.

Relying upon the fine print of the contract, the New Jersey dealer fought vigorously to transfer the case from Court to private arbitration, resulting in the case being heard by the American Arbitration Association.
The complaint alleged that when Kenneth Hammel of Fairless Hills, PA responded to an advertisement offer guaranteeing $8,000 for his trade, he was eventually charged over $42,000 for a used 2005 Kia Sedona that carried a retail price of $23,250.  Hammel, who is physically disabled and requires the use of a motorized wheelchair, alleged that Cherry Hill Triplex accepted his 2000 Chrysler Town & Country in trade for a vehicle that could accommodate a motorized lift. After many hours of what was alleged as “high-pressure selling,” Hammel agreed to purchase a 2005 silver Kia Sedona. Approximately 12 hours after his arrival at Cherry Hill Triplex, Hammel finally was released to drive home in the Sedona.

The next day, Hammel noticed the motorized lift installed by the dealership was not functioning correctly. He contacted Cherry Hill Triplex and was advised to drop off the vehicle for repair. When he returned, Hammel alleges the dealership presented him with a different car—a beige 2005 Kia Sedona.

Hammel claimed that, unbeknownst to him, when the dealership presented him with the second vehicle, they traded in the first vehicle he had just purchased three weeks earlier and subtracted nearly $8,000 for “depreciation.”  The financing was also altered, form an annual percentage rate of 7.49% to 10.4% .The monthly payment skyrocketed from $250 a month to $385.88.

According to attorney Melissa K. Fiala, the testimony revealed that Cherry Hill Triplex engaged in practices that were unlawful and deceptive. Craig Thor Kimmel says “It is a terrible thing that in these difficult economic times, some businesses feel entitled to take advantage of their customers. Senior citizens are especially vulnerable and should be cautioned never to go it alone when swimming in these shark tanks.’  Both Kimmel and Fiala further say that consumers can’t believe everything they read in mail or print advertisements.  “As the old adage says, if it’s too good to be true, it most likely is.  Mr. Hammel learned the hard way.” says Kimmel.
ABOUT KIMMEL & SILVERMAN
With  four full-service offices, serving distressed drivers throughout Pennsylvania, New Jersey, Delaware, Ohio, Connecticut, New Hampshire, and Massachusetts, Kimmel & Silverman is the Northeast’s oldest and largest lemon law and automotive consumer advocacy firm. The firm has provided cost-free lemon law and breach of warranty help to more than 50,000 consumers since its inception in 1991, recovering over $150 million for their clients. For more information about consumers’ rights, visit www.lemonlaw.com or call 1-800-LEMON-LAW (1-800-536-6652)