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HOMZIAK v. GEN. ELECTRIC CAPITAL WARRANTY CORP.

839 A.2d 1076 (2003)

Kathy Marie HOMZIAK, individually and on behalf of all others similarly situated Appellant, v. GENERAL ELECTRIC CAPITAL WARRANTY CORPORATION; Heritage Indemnity Corporation; Chase Manhattan Bank USA, N.A.; and Mervis Motors Inc. d/b/a Wetzel Motor Works Appellee.

Superior Court of Pennsylvania.

Filed November 18, 2003.

Reargument Denied January 28, 2004.

Attorney(s) appearing for the Case

Michael P. Malakoff, Pittsburgh, for appellant.

R. Bruce Allensworth, Boston, MA, for Chase Manhattan Bank, appellee.

John Bobber, Philadelphia, for Mervis Motors, appellee.

Kandice J. Kerwin, Harrisburg, amicus curiae (did not argue).

Before: JOHNSON, HUDOCK and ORIE MELVIN, JJ.

JOHNSON, J.

¶ 1 In this matter, we consider whether Pennsylvania's Motor Vehicle Sales Finance Act (MVSFA or Act), 69 P.S. §§ 601-37, prohibits the sale of extended service contracts by motor vehicle dealerships at a price greater than dealer cost where the purchase is made by installment sales agreement. The trial court concluded that such sales, which include a profit for the seller, are not prohibited by the MVSFA. The court reasoned that any charge...

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