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HomeMy WebLinkAbout00-01044 ~ ~" ,_,o~'"'~ ., ~ --':. ",-.:' ,;,-, -, , .. .. k " d> POST & SCHELL, P.e. BY: CHESTERF. DARLINGTON I.D. # 79070 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 ATTORNEYS FOR PLAINTIFF SALLY D. LOFFREDO 1400 Waggoners Gap Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, v. NO. o<coo- J04<; (Jw;L<"'~ WAXMAN INDUSTRIES, INC. 24460 Aurora Road Bedford Heights, OH 44146 CIVIL ACTION - LAW and ARBITRATION KEN BERRY, Individually, and T/A and D/B/A KEN'S ELECTRIC SERVICE 401 Pine Road Mt. Holly Springs, P A 17065 Defendants. NOTICE TO DEFEND NOTICE You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appeanmce peIllonallyorby 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 ClIlIe may proceed without you and ajudgment may be entered against you by the court without further notil::e 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 10 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 TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral and Information Service Court Admiuistrator's Office Cumberland County Courthouse One Courtbouse Square CARLISLE, PA 17013 TELEPRONE-(717)240-6200 AVISO Lehandemandadoaustedenlacorte. Siustedquieredefendersedeestasdemandasexpuestasenlaspaginassiguientes,ustedtieneveinte(20) dias de plazo al partir de la fecha de lademanda y lanotificacion. Hace falta asentar una comparencia escrita a 0 en persona 0 con un abogado y entregar a la corte en fonna escrita sus defensas 0 sus objeciones a lag demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion . "'-..0_; .",,- ,0 '~---';' ".,. ',' L '", ".',,,,,,~, -", ~ h_ '>: 1<, '~.", H,.' kIlI'" Ademas, la corte puede deddir a favor del demandante y require que usted cumpla con todulll!l provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u otros derecl\osimportantesp'Mausted. LLEVE ESTAT DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SINO TIENE EL DINERO SUFIClliNTE DE PAGAR TAL SERVICO. VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE IENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Ls.wyer Referral and IDformation Service Court Administrator's Office Cumberland Connty Courthouse One Courtbouse Square CARLISLE, PA 17013 TELEPHONE-(717)240-6200 . "'--', _ -,~'~ -"~ '-, '.~~-- -'. -'~" ,<"> - '.--,'"J",", <"',-.<~;'"" ,"-,,, i' ,,,,-, c'_,___" ': ;. '"-,,J,,'c,j," ._'_, "...., POST & SCHELL, P.C. BY: CHESTER F. DARLINGTON I.D. # 79070 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 ATTORNEYS FOR PLAINTIFF SALLY D. LOFFREDO 1400 Waggoners Gap Carlisle, P A 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, v. NO. :l-tnxJ - I D<(<f cwY- I.u-<. WAXMAN INDUSTRIES, INC. 24460 Aurora Road Bedford Heights, OH 44146 CIVIL ACTION - LAW and ARBITRATION KEN BERRY, Individually, and T/A and D/B/A KEN'S ELECTRIC SERVICE 401 Pine Road Mt. Holly Springs, P A 17065 Defendants. COMPLAINT Plaintiff, by and through undersigned counsel, hereby files the following complaint against the Defendants and avers as follows: 1. Plaintiff Sally D. Loffredo is an adult individual residing at the address in the caption above. 2. Defendant Waxman Industries, Inc. (hereinafter "Waxman") is a corporation organized and existing under the laws of the State of Ohio with a place of business located at the address in the caption above. .",~ " ~- ~ . ".~-.o.' __,__ ~ .----'-~' .,', . "",-", ",.-, '0' -,.- ; ___'0-< -- <<"~' ",',",' ,-,~ '.,-:".--: "!~"'~'<',~,," llI!l;ii 3. At all times relevant hereto, Defendant Waxman was engaged in the business of manufacturing, selling, designing and distributing hoses. 4. Defendant Ken Berry (hereinafter "Berry") is an adult individual who trades as and does business as Ken's Electric Service located at the address in the caption above. 5. At all times relevant hereto, Berry was engaged in the business of installing dish washing machines, hoses, and their components. 6. Prior to September 4, 1998, Plaintiff purchased a General Electric dishwasher model Potsrubber 900. 7. Prior to September 4, 1998, Defendant Berry installed the dishwasher for Plaintiff in her home located at 1400 Waggoners Gap, Carlisle, P A 17013. 8. Defendant Berry installed the dishwasher with a hose manufactured by Defendant Waxman to connect the washer to a water source. 9. On or about September 4, 1998, the subject hose ruptured causing water to be released into Plaintiffs home. Specifically, the hose ruptured due to the fact it was unable to withstand the water pressure in the hose. 10. As a result of the water release, Plaintiff incurred significant property damages to her home and the incursion of additional expenses in an amount not in excess of Twenty-Five Thousand Dollars ($25,000.00). 11. The property damage and additional expenses incurred by Plaintiff were directly and proximately caused by the Defendants, as further and more fully described below. -2- , "., 0_ "' .' , ,. --".-"-.~ot.,,, ~ . """';-, , -[",. ~','~"-'- - '~, "..i',,, ':;"\-:"O',^ '~'.'F. . ,- ~ ,,, '[.",' 'ldl-',,, ~,:.~",; , M COUNT I - NEGLIGENCE PLAINTIFF VS. WAXMAN INDUSTRIES, INC. 12. Plaintiff incorporates herein by reference paragraphs 1 through 11 as though the same were fully set forth at length. 13. The water release and consequent damages were the direct and proximate result of the negligence, carelessness, recklessness, and/or other liability-producing conduct of Defendant Waxman, as more specifically described as follows: (a) failing to exercise reasonable care in designing, manufacturing, assembling, inspecting, and/or testing the subject hose in a manner so that it would not rupture and release water; (b) failing to adequately instruct its employees, servants, and/or agents as to the proper design, manufacturing, assembly, construction, inspection, testing, operation, and/or maintenance procedures with regard to the subject hose; (c) failing to provide, establish, implement, and/or follow proper and adequate controls so as to ensure the safety and integrity ofthe subject hose; (d) failing to provide, establish, implement, and/or follow proper and adequate controls so as to provide a hose that was safe and adequate for the reasons for which it was being purchased; (e) failing to design, manufacture, assemble, construct, fabricate, install, inspect, test, and/or maintain the subject hose conformity with the prevailing industry and governmental specifications and standards; -3- ->-,. , ..', -,"^~'~"", -".'"'___~~-,,;_C"';..-F ,~ -, ~.~---,'. , -;";','-:~'--- "-,' ',;, ,.., ' _' '_-"::_5_"I_,_.:;~' _0' ~i (t) failing to supervise its employees, servants, and/or agents in their design, manufacture, assembly, construction, fabrication, installation, inspecting, testing, and/or maintenance of the subject hose; (g) improperly selling the subject hose, when Defendant Waxman knew or should have known that the product, and/or the components thereof, were inadequate for the reasons for which purchased; (h) failing to ascertain by appropriate pre-sale and/or post-sale testings, the rupture risks and dangers created by the subject hose and its components; (i) failing to recall or withdraw from the market place the subject hose despite actual or constructive knowledge of its defective and/or reasonably dangerous conditions; G) failing to adequately warn (both before and/or after the sale of the product) of defects in the subject hose and its components; and/or (k) failing to properly incorporate, utilize, or otherwise include in, to, and/or for the subject hose, appropriate devices, directions, instructions, components, and/or assemblies for its safe use. 14. As a direct and proximate result of the aforesaid negligence and/or other liability producing conduct of Defendant Waxman, Plaintiff sustained damages to her property and the imposition of additional expenses in an amount not in excess of Twenty- Five Thousand ($25,000.00) Dollars. -4- _.\ ''"~'" "',. - - <_,,~~__ "4_;' ,'<" '-,.",,;' ", , "~>' !~:- :-, . ." "j WHEREFORE, Plaintiff demands judgment against Defendant, in an amount not in excess of Twenty-Five Thousand ($25,000.00) Dollars together with interest, costs of suit, reasonable attorney fees, delay damages, and such other relief as the court deems appropriate under the circumstances. COUNT II - STRICT LIABILITY PLAINTIFF VS. DEFENDANT WAXMAN INDUSTRIES, INC. 15. Plaintiffs incorporate herein by reference paragraphs 1 through 14 as though same were fully set forth at length. 16. Defendant Waxman is engaged and was engaged in the business of designing, manufacturing, assembling, marketing, selling, and distributing hoses. 17. Defendant sold the subject hose in a defective condition, unreasonably dangerous to the Plaintiff and her property. 18. Upon information and belief, Defendant expected the subject hose to reach the Plaintiff without substantial change in the condition in which it was sold, and the subject hose did reach the Plaintiff without substantial change in the condition in which it was sold. 19. The aforesaid defects consisted of: (a) design defects; (b) manufacturing defects; (c) a failure by to warn of the aforesaid design and manufacturing defects; and/or -5- -" ,-"-.,-'" , ' 'c.' ,;.~, ' ,;", .' ' ^ e', ), ',"' '.~" " ,:J:~' ". ' ~j (d) a failure to properly instruct as to the appropriate installation and operating procedures for the safe use of the subject hose and its components. 20. As a direct and proximate result of the aforesaid defects, Plaintiff sustained damage to her property and the imposition of additional expenses, in an amount not in excess of Twenty-Five Thousand ($25,000.00) Dollars. 21. For these reasons, Defendant Waxman is strictly liable to Plaintiff for her damages under ~402A of Restatement (2d) of Torts, the Restatement (3d) of Torts, and the applicable caselaw ofthe Commonwealth of Pennsylvania. WHEREFORE, Plaintiff demands judgment against Defendant Waxman, in an amount not in excess of Twenty - Five Thousand ($25,000.00) Dollars, together with interest, costs of suit, reasonable attorney's fees, delay damages and such other relief as the court deems appropriate under the circumstances. COUNT III - BREACH OF WARRANTY PLAINTIFF VS. DEFENDANT WAXMAN INDUSTRIES, INe. 22. Plaintiff incorporates herein by reference paragraphs 1 through 21, as though the same were fully set forth at length. 23. In conjunction with the sale of the subject hose, Defendant expressly and/or implicitly warranted that the subject hose and its' components were of merchantable quality, fit for ordinary use, and fit for the particular use for which it was purchased. -6- ..; "~ '--",.C. .-" "~-,- , '~"-', - .""",,-'"~',,,~ >,-,'" ~','~ < -~'~ --"-',1 24. Defendant breached these warranties because the subject hose was not of merchantable quality, fit for ordinary use, and/or was unfit for the particular use for which it was purchased. 25. As a direct and proximate result of these aforesaid breaches by Defendant, Plaintiff sustained damages to her property and the imposition of additional expenses in an amount not in excess of Twenty - Five Thousand ($25,000.00) Dollars. 26. Plaintiff has performed all conditions precedent to recovery based upon such breach or breaches. WHEREFORE, Plaintiff demands judgment against Defendant Waxman, in an amount not in excess of Twenty - Five Thousand ($25,000.00) Dollars, together with interest, costs of suit, reasonable attorney's fees, delay damages and other such relief as the court deems appropriate under the circumstances. COUNT IV - NEGLIGENCE PLAINTIFF VS. DEFENDANT KEN BERRY, INDIVIDUALLY, AND T/A AND DIBA KEN'S ELECTRIC SERVICE 27. Plaintiff incorporates herein by reference paragraphs 1 through 26 as though the same were fully set forth at length. 28. The aforementioned damages were the direct and proximate result of the negligence, carelessness, recklessness, and/or other liability producing conduct of Defendant Berry, individually, andlor by and through their employees, agents, and/or servants, and/or others on his behalf, more specifically described as follows: -7- , ~, , -',~, " ,,,--',;,,, ".,-,-~, -'."" ",.;", ,,-,'---'~, .,' ~ " ~~-" ",-,~-," ~..,,--.,.",' -- . ~ "U<__, ."r--_'--~' .':.; :;,;,; .;;, J , ii...; a. failing to exercise reasonable care in the following manner: i. failing to properly design, install, construct, inspect, and/or test the washer machine and the subject hose to insure that the washer machine and hose were safe and appropriate; ii. failing to properly choose and select a hose that was safe and adequate for the dishwasher installed by Defendant Berry in Plaintiff's home; iii. improperly installing the subject hose to Plaintiff's dishwasher when the subject hose was inadequate; iv. failing to properly ascertain and determine the type of hose that was required for Plaintiff's dishwasher and home; vi. failing to determine that the dishwasher and subject hose were not in compliance with proper standards so that the dishwasher and subject hose were safe and appropriate; and/or vii. failing to properly recommend and instruct Plaintiff of the dishwasher and subject hose's proper operating procedures to insure its safe and proper use. b. failing to adequately instruct and supervise his servants, employees, agents, and/or others so as to avoid the problems set forth in subparagraph (a) above; -8- .. .-, -- " ~ -.--. ' c.,'c,_ .. , """"-',-,..'0'", ,t;,"O;". "-","".: - :;:--1-:,,-, ".,-' ~i c. failing to adequately warn Plaintiff and others of the dangers and hazardous conditions resulting from the careless and negligent conduct set forth in subparagraph (a) above; d. failing to provide, establish, and/or follow proper and adequate controls so as to avoid the problems enumerated in subparagraph (a) above; and/or e. failing to perform the services set forth in subparagraph (a) above in conformity with the prevailing industry and governmental specifications and standards. circumstances. 29. As a direct and proximate result of the aforesaid negligence and/or other liability producing conduct of Defendant Berry, Plaintiff sustained damages to her property and the imposition of additional expenses in an amount not in excess of Twenty- Five Thousand ($25,000.00) Dollars. WHEREFORE, Plaintiff demands judgment against Defendant Berry, in an amount not in excess of Twenty-Five Thousand ($25,000.00) Dollars together with interest, costs of suit, reasonable attorney fees, delay damages, and such other relief as the court deems appropriate under the circumstances. COUNT V - BREACH OF WARRANTY PLAINTIFF VS. DEFENDANT KEN BERRY, INDIVIDUALLY, AND T/A AND D/BA KEN'S ELECTRIC SERVICE 30. Plaintiff incorporates herein by reference paragraphs 1 through 29, as though the same were fully set forth at length. -9- .,J , ':". ,-,,-"-- ""."-'. , ~~"~__Ii_~__:'~" ,-, *':.1 31. In furtherance of the aforementioned services performed for Plaintiff by Defendant Berry, Defendant had impliedly and/or expressly warranted that all work performed for Plaintiff would be done in a reasonably workman-like manner and free from defects. 32. Based upon the aforementioned careless and negligent conduct on the part of Defendant Berry, as set forth above, Defendant breached this implied and/or express warranties. 33. As a direct and proximate result of the aforementioned breaches by Defendant Berry, Plaintiff sustained damages to her property and the imposition of additional expenses in an ammmt not in excess of Twenty- Five Thousand ($25,000.00) Dollars. 34. Plaintiff has performed all conditions precedent to recovery based upon such breaches. WHEREFORE, Plaintiff demands judgment against Defendant Berry, in an amount not in excess of Twenty-Five Thousand ($25,000.00) Dollars together with interest, costs of suit, reasonable attorney fees, delay damages, and such other relief as the court deems appropriate under the circumstances. POST & SCHELL, P.C. BY:~ CHESTER F. DARLINGT Attorneys for Plaintiff DATED: J I 1'6{06 -10- -i ,-- ~ "<'~'~, ~'- ~" ."", ~ '.o,__~ ".',~ _ ,-, ->o-~.. _-, _" --1",- ,- - '~-\;!t.1, . . VERIFICATION CHESTER F. DARLINGTON, ESQUIRE, hereby states that he is the attorney for Plaintiffs in the within action and verifies that the statements made in the foregoing COMPLAINT, are true and correct to the best of his information, knowledge and belief. The undersigned understands that the statements made therein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. dJj)/Jt- ;<11%( CO CHESTER F. DARLINGTON, ESQ. -11- """ -- ,;'-~:,:~L ,'" n :,> ~ ~1 ~ ~ ~ ~ :s i !i Crt () ~ ~ ~ if'~ r ~ 1 '" <".; " ",-" '" '> '. --, -....,:- ~~,) """] '_..J -.:-. (- i"~ ("'-.j' :.lj :h -< ,.,-1 _< - ,- ~ ' '. G C'T! .r I. " ]g,~ THOMAS, THOMAS & HAFER, LLP Jeffrey B. Rettig, Esquire Identification Number: 19616 305 North Front Street P,O, Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendant Waxman Industries, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SALLY D. LOFFREDO, Plaintiff v, NO, 2000-01044 WAXMAN INDUSTRIES, INC. and KEN BERRY, Individually and tla and d/b/a KEN'S ELECTRIC SERVICE, Defendants CIVIL ACTION - LAW ARBITRATION PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Jeffrey B, Rettig, Esquire of Thomas, Thomas & Hafer, LLP on behalf of Waxman Industries, Inc., Defendant, in the above captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP , -":,,,,',,-^ l ."',,~_. .- .',~-- . ""-' "<",,, '. ~~- '0-"" . .~_, "_" ..._ ~, , .-<-x~ ,'" ~.\ .... CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing document on the fOlloWin~laCing same in the United States mail, postage prepaid, on the } if day of , 2000: Chester Darlington, Esquire Post & Schell 1800 John F, Kennedy Boulevard Philadelphia, PA 19103-7480 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP - 'iiII~ -,-,<', ,"", .'. o ~; ~~ };C) .c~"-"J ):;.:~; ::::~ -< ,', c" ~ (~ C) o -ll .-j ~~~;~ ~ , =:=8 7) ~ ~~:1 ~j~; ~~;~2 ~15 ~~'rn , , ~~1 ~:D -< -'~ ..., '"~ ;:,",; C'I -'D S::) OJ -. '"" ~ ,-> .I -" 'oJ' . '. \ SHERIFF'S RETURN - REGULAR CASE NO: 2000-01044 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOFFREDO SALLY D VS WAXMAN INDUSTRIES INC ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE/ARBITR was served upon BERRY KEN the DEFENDANT , at 0019:26 HOURS, on the 29th day of February, 2000 at 401 PINE ROAD MT HOLLY SPRINGS, PA 17064 by handing to KEN BERRY a true and attested copy of COMPLAINT & NOTICE/ARBITR together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.72 .00 10.00 .00 31.72 ~~-~~! R. Thomas Kline 03/01/2000 POST & SCHELL Sworn and Subscribed to before By: ~~;i~ me this "" 2</ ~ day of ~ dLu-zriJ A. D.- * Q. ~ Yp!i' . rothonotary . .I...- . ,~> <'jf..~' , . . CASE NO: 2000-01044 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOFFREDO SALLY D VS WAXMAN INDUSTRIES INC ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE/ARBITR was served upon BERRY KEN T/A/D/B/A KENS ELECTRIC SERVICE the DEFENDANT at 0019:26 HOURS, on the 29th day of February, 2000 at 401 PINE ROAD MT HOLLY SPRINGS, PA 17065 by handing to KEN BERRY a true and attested copy of COMPLAINT & NOTICE/ARBITR together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~A-t:~e . Thomas Klin 03/01/2000 POST & SCHELL Sworn and Subscribed to before By: ~~m.~ Deputy Sheriff me this .J,.'1 'C day of ~hu".A...';J J.JJ7JV A. D . ~a~~ . prothonotary Ji!j"" F:\FILES\DATAFILE\STATE.DOC\58-pra 1 ,Created:.03121/00 11:44:31 AM Revised: 03J~I!OO 11:50:35 AM SALLY D. LOFFREDO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO, 2000-1044 CIVIL ACTION-LAW WAXMAN INDUSTRIES, INC. and KEN BERRY, Individually, and tla and d/b/a KEN'S ELECTRIC SERVICE, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Ken Berry, Individually, and tla and d/b/a Ken's Electric Service in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By Darnel K. Deardorff, Esquire I.D. Number 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 k. Attorneys for Defendant Ken Berry, Individually, and tla and d/b/a Ken's Electric Service Dated: March 21,2000 - <'IitB;, , , CERTIFICATE OF SERVICE I, Nichole 1. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Chester F. Darlington, Esquire POST & SCHELL, P.C. 1800 JFK Boulevard, 19th Floor Philadelphia, PA 19103 Jeffrey B. Rettig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, P A 171 08 MARTSON DEARDORFF WILLIAMS & OTTO By$~ '-A-~ Nichole 1. Myers Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 21,2000 lllli'-". c. '.....1 ~-~-~l* "'., . ...<iMtl ,,~ ,.j,; ....' ~-.,,~ ~ '1 (') 0 0 c 0 -n ;;: :x ::j ;:j:jm ...,.. Al~ m :;;0 Z:o N -r}m zS; '9 ~L~ 1'V -f.< t...~CJ s:::Ci -0 :r:-r, ~o :x ::;.")-n ~rO :;>0 Qro c: --I Z Ul ~ ::;:!- C> ,,"" J_ ,'. "_~i F:\FILESIDATAFILEISTATE.D0C\58-ANS.l!nlm Created 03/2l!0011:52:52AM Rev1sed: 03/21100 12:47:26 PM 7550.58 SALLY D. LOFFREDO, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-1044 CNIL ACTION-LAW WAXMAN INDUSTRIES, INC, and KEN BERRY, Individually, and t/a and d/b/aKEN'S ELECTRIC SERVICE, Defendants JURY TRIAL DEMANDED DEFENDANT KEN BERRY'S ANSWER WITH NEW MATTER AND CROSSCLAIM TO: SALLY D. LOFFREDO, Plaintiff, and her attorney, CHESTER F. DARLINGTON, ESQUIRE and WAXMAN INDUSTRIES, INC., Defendant, and their attorney, JEFFREY B. RETTIG, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND CROSSCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOu. ANSWER 1-7. Denied pursuant to Ru1e 1 029( e) of the Pennsylvania Rules of Civil Procedure. 8. It is admitted that Defendant Berry installed the dishwasher with ahose manufactured by Defendant Waxman to connect the water to a water source. By way of further answer, Defendant Berry did not provide the hose, but the hose was provided with the dishwasher and manufactured by Defendant Waxman. By way of further Answer, Defendant Berry, at the time of installation, advised the Plaintiff that this model was not to be permanently installed. 9-11. Denied pursuant to Rule 1 029( e) of the Pennsylvania Rules of Civil Procedure. COUNT I, COUNT II. COUNT III 12-26. These averments are directed to Defendant Waxman and not Defendant Berry and accordingly no responsive pleading is required, .I ~",~i COUNT IV-NEGLIGENCE PLAINTIFF VS. DEFENDANT KEN BERRY, INDIVIDUALLY AND T/A AND D/B/A KEN'S ELECTRIC SERVICE 27-29. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Berry demands that the Complaint against him be dismissed. COUNT V- BREACH OF WARRANTY PLAINTIFF VS. DEFENDANT BERRY, INDIVIDUALLY, AND T/A AND D/B/A KEN'S ELECTRIC SERVICE 30-34. Denied pursuant to Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant Berry demands that the Complaint against him be dismissed. NEW MATTER 35. Plaintiffs action is barred by the statute oflimitations. 36. When Defendant Berry installed the dishwasher, he advised the Plaintiff that this model was not to be permanently installed. 37. Plaintiff assumed the risk of this type of injury by her actions. 38. Defendant Berry did not sell the dishwasher to Plaintiff, but simply installed it. 39. Defendant Berry simply installed the dishwasher, including the hose, which was manufactured by Defendant Waxman, 40. Plaintiffs damages may be a result of acts or omissions of other parties, not Defendant Berry. WHEREFORE, Defendant Berry demands that the Complaint against him be dismissed. NEW MATTER IN THE NATURE OF A CROSS CLAIM PURSUANT TO RULE 2252 PLAINTIFF VS. DEFENDANT BERRY VS. WAXMAN INDUSTRIES, INC. AS ADDITIONAL DEFENDANT 41. For purposes of this crossclaim by Defendant Berry against Defendant Waxman Industries, Inc., paragraphs 1 through 26 of Plaintiffs Complaint against Defendant Waxman are incorporated herein by reference. _t~ _H"L. .~~, 42. In the event it is determined that Plaintiff is entitled to a recovery, Defendant Ken Berry avers that said recovery by Plaintiff would be against Defendant Waxman Industries, Inc. on the basis of its sole liability, and/or liability over to Defendant Ken Berry for indemnification or contribution, 43. Defendant Berry joins Defendant Waxman Industries, Inc. as an Additional Defendant for purposes of contribution and/or indemnification as well as sole liability. WHEREFORE, Defendant Berry demands judgment against Defendant Waxman Industries, Inc. on the basis of sole liability and/or liability over in the nature of indemnification or contribution. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO BY~~~' ~~ Daniel K. Deardorff, Esquire LD. Number 17837 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Ken Berry, Individually, and t/a and d/b/a Ken's Electric Service Date: 31d.1/00 ~ -" >- .~.:l>J~' VERIFICATION Daniel K. Deardorff, Esquire, of the firm of MAR TSON DEARDORFF WILLIAMS & OTTO, attorneys for Defendant Ken Berry in the within action, certifies that the statements made in the foregoing Defendant Ken Berry's Answer with New Matter and Crossclaim are true and correct to the best of he knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. , ""!<W'" ~ ~" ,~ L- __<)I,," CERTIFICATE OF SERVICE I, Nichole 1. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Defendant Ken Berry's Answer with New Matter and Crossclaim was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Chester F. Darlington, Esquire POST & SCHELL, P.C. 1800 JFK Boulevard, 19th Floor Philadelphia, PA 19103 Jeffrey B. Rettig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 MARTSON DEARDORFF WILLIAMS & OTTO By< ;r-~~.~ Nichole 1. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 8/dIIDO / -...J.i ... POST & SCHELL, P.C. BY: CHESTERF.DARLINGTON !.D. # 79070 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 ATTORNEYS FOR PLAINTIFF SALLY D. LOFFREDO COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, v. NO. 2000-1044 WAXMAN INDUSTRIES, INC. and KEN BERRY, Individually, and T/A and D/B/A KEN'S ELECTRIC SERVICE CIVIL ACTION - LAW Defendants. ARBITRATION PLAINTIFF'S REPLY TO DEFENDANT KEN BERRY'S NEW MATTER Plaintiff, by and through undersigned counsel, herein reply to the New Matter filed by Defendant Ken Berry, and in doing so avers as follows: 1-34. Plaintiff incorporates by reference herein the allegations set forth in paragraphs 1 through 34 of her Complaint, as if set forth at length herein. 35-40. Denied. To the extent the allegations of the corresponding paragraphs constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Ru1es of Civil Procedure. To the extent the allegations of the corresponding paragraphs constitute factual averments, the same are deemed to be denied pursuant to Pa. R. Civ. P. 1029 (e). Proof of same is hereby demanded at time of trial. ""' ~< ~" ,~ ~ - ~ "" ~. .~. ~.-" . "-" <--., ~~ ,- ,'.-,><, '- ,,, .",OJ., "'iifi: . 41-43. Denied. The averments contained in these paragraphs are not directed to Plaintiff and no response is required. WHEREFORE, Plaintiff demands judgment in her favor and against Defendant Berry as set forth in her Complaint. POST & SCHEL .C. BY: CHESTER F. D TON, ESQUIRE Attorneys for Plaintiff DATED: 3(cJ6{ tJ15 .--' "-=~ " ,,.. ~~ " ,~, "..'. C'.' ,"" . - . '"-~-"""~,~""," ,', ,_"._-o",~c-",-,,,,.~I' ,,', ''Of ' ";" '-'~ VERIFICATION CHESTER F. DARLINGTON, ESQUIRE, hereby states that he is the attorney for Plaintiffs in the within action and verifies that the statements made in the foregoing REPLY TO NEW MATTER are true and correct to the best of his information, knowledge and belief. The undersigned understands that the statements made therein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. POST & SCHELL, P.C. BY: CHESTERF.DARLINGTON DATED: 3((lfJ/ ()O -" <. ~ , ,"' ,~." '" __ ,'" o_^'~'- 7'" ~~ ",'".''' ", "'~.-C"-,"",' ,'N ' ,,"',,",'" ,""",. ''-'''<>$.-'' --r<.~. _;",1.; "~._ """S w CERTIFICATE OF SERVICE CHESTER F. DARLINGTON, ESQUIRE, hereby certifies that a true and correct copy of the attached REPLY TO NEW MATTER has been served upon counsel of record below on this date by regular mail. Daniel K. Deardoff, Esquire Martson Deardoff Williams and Otto Ten East High Street Carlisle, PA 17013 Jeffrey B. Rettig, Esquire Thomas Thoms and Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 BY: HESTER F. D Attorneys for Plaintiff DATIID:jJo/ IJO ,.; ]j ."-- ," ,-; C') LJ 0 C Ci 'I ~~~ ::-rr. :'~j -oG; :,_Cl"l - "T1 fT11'1'\ ~-.'J , i j:= Z:l' C;J ;-n ~~. ;;;: Q (/) <::; ('-) -< CJ r::: ~';:) ~-:;: C) ~ <- Co) Z C l n1 >- :'0 0 ~ :;!";! Z ~..) --j :.u -< en -< .'-' ~- '"~ . - 'C-"',",e<i '" "" . '~~~'.o;.'", ,_,.<. "~",,",~,~,<,,>:,-,,,,,,~--,,, '_"-'-1_', ,'-'" ."'';''-'/-,"",~-,;,--'H.frl~'''~ ",.J:... ,', ~ "~ >c' ~'''':'''''Y~ THOMAS, THOMAS & HAFER, LLP Jeffrey B. Rettig, Esquire Identification Number: 19616 305 North Front Street P,O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendant Waxman Industries, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW SALLY D. LOFFREDO, Plaintiff v. NO. 2000-01044 WAXMAN INDUSTRIES, INC. and KEN BERRY, Individually and tla and d/b/a KEN'S ELECTRIC SERVICE, Defendants CIVIL ACTION - LAW ARBITRATION NOTICE TO PLEAD TO: Sally D. Loffredo, Plaintiff and Chester Darlington, Esquire, her attorney Ken Berry, Defendant You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP :89822.1 , " ~--~ '"' . ' - ~ ~ " ,'-, ' . , -" ,.~,-." ^", - ,-' ,',. "~ ,~.,,;.<t':'~ ", ;;0-"',;..,,,--,,, "'- ~'-'-!*,; ,_,"""C." ,->/-!:;--~;ed '<,",;:.~, .'" 'iiIii: , THOMAS. THOMAS & HAFER; LLP Jeffrey B, Rettig, Esquire Identification Number: 19616 305 North Front Street P.O, Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendant Waxman Industries, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SALLY D. LOFFREDO, Plaintiff v. NO. 2000-01044 WAXMAN INDUSTRIES, INC. and KEN BERRY, Individually and tla and d/b/a KEN'S ELECTRIC SERVICE, Defendants CIVIL ACTiON - LAW ARBITRATION ANSWER. NEW MATTER AND CROSSCLAIM OF DEFENDANT WAXMAN INDUSTRIES, INC. AND NOW, comes the Defendant, Waxman Industries, Inc, by its attorneys, Thomas, Thomas & Hafer, LLP, and answers Plaintiff's Complaint as follows: 1, it is admitted that the Plaintiff is who she says she is. As to the balance of the allegations of this paragraph, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 2, Denied as stated. Answering Defendant is a Delaware corporation. The balance of the allegations of this paragraph are admitted. ~ , ~' , " ,-~ '. , ".-.. ..., .'--'""'''~ .'. ~. .',-,,,-, .--.\.' ''-:~'~j 3, Denied as stated, Answering Defendant was engaged in the business of selling and distributing hoses, It is denied that it was engaged in the business of manufacturing or designing hoses. 4-7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded, 8. Denied. It is denied that Answering Defendant manufactured such a hose, As to the balance of the allegations of this paragraph, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 9-10. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded, 11. Denied, It is denied that Plaintiffs injuries were caused by any actions or inactions by Answering Defendant. COUNT I - NEGLIGENCE Sallv D. Loffredo v. Waxman Industries. Inc. 12. The answers to paragraphs 1 through 11 above are incorporated herein by reference thereto. 13, Denied pursuant to Pa, R.C.P. 1029. 14, The negligence of Answering Defendant is denied pursuant to Pa. R.CP. 1029. , As to the balance of the allegations of this paragraph, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. WHEREFORE, Answering Defendant requests that Count I of Plaintiff's Complaint be dismissed without cost to it. '" .. ""',,'", .'--,'--,--, -r'-.,_ , ,,_'. ,-" ,.. '-', ". ~'~,~ ,~.... '. -"'- ,;Co'"d"__ ,', .~- ,...,,,-~ -.. -,,'z :.",-, ,-,,,"' eFH,,~.' .:', ;:';;"",,'~ ' ~ COUNT II - STRICT LIABILITY Sally D. Loffredo Y. Waxman Industries. Inc. 15. The answers to paragraphs 1 through 14 above are incorporated herein by reference thereto. 16. Denied. It is denied that Waxman Industries, Inc. is engaged in the business of designing, manufacturing or assembling hoses. Waxman Industries, Inc, does market, sell and distribute hoses. 17. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegation that it sold the subject hose. If it did, in fact, sell the hose, it is denied that the hose was in a defective condition or unreasonably dangerous. 18, Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 19, These allegations are denied pursuantto Pa. R.C,P. 1029, 20, Denied, If the hose was, in fact, sold by Answering Defendant, it is denied that the hose had defects at the time of sale, As to the balance of the allegations of this paragraph, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 21. Denied. This allegation represents a conclusion of law to which no reply is required. WHEREFORE, Answering Defendant request that Count II of Plaintiff's Complaint be dismissed without cost to it. COUNT 11I- BREACH OF WARRANTY Sally D. Loffredo v. Waxman Industries. Inc. 22, The answers to paragraphs 1 through 21 above are incorporated herein by reference thereto. ~ .'- >,,~. ,.-<- - ." - -,-^ ,"-., >'';' "'",- -',;, ,",';,'" (" ,-, ;',,,,' ., " ,-';-'i,i!;,""i",,-;" ,-_"" ,-.~.,( ,~-,~ .. .',--".-!, 'C-;',,,;.;,~ x." "I*,~,:.!5L,.. _iill 23. Denied. After reasonable investigation, Answering Defendant is without knowledge or information as to the truth of the allegation that it sold the subject hose, As to the balance of the allegations of this paragraph, they represent conclusions of law to which no reply is required, 24, Denied. This allegation represents a conclusion of law to which no reply is required. 25. Denied, It is denied that Answering Defendant committed any breaches, As to the balance of the allegation of this paragraph, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 26. Denied. This allegation represents a conclusion of law to which no reply is required. WHEREFORE, Answering Defendant requests that Plaintiff's Complaint be dismissed without cost to it. COUNT IV - NEGLIGENCE Sally D. Loffredo Y. Ken Berrv 27-29. These allegations are not addressed to Answering Defendant and thus no reply is required. COUNT V - BREACH OF WARRANTY Sally D. Loffredo Y. Ken Berrv 30-34. These allegations are not addressed to Answering Defendant and thus no reply is required. NEW MATTER ADDRESSED TO PLAINTIFF 35. Plaintiff's claims for attorney's fees fail to state claims upon which relief may be granted in this case, 36. Plaintiffs claims are or may be barred by the statute of limitations. ,- 'J .' < _~"" '.<W - .'~ ",,', ,,",0-. ' ',.,~- '.' -_1., ,--.- ""h ,'-~-, ~ d"'~ ',--,,' o,";~'-';;,~'~il_-:;'~.::.k'J: _, ' "'~i 37, Answering Defendant was not negligent. 38. Any acts or omissions of Answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in injuries and/or losses alleged by the Plaintiff, 39. The incident and/or damages described in Plaintiff's Complaint may have been caused or contributed to by the Plaintiff. 40. Negligent acts or omissions of other individuals and/or entities may have constituted intervening, superceding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 41. Plaintiff may have assumed the risk of her injuries, 42. Plaintiff may have been contributorily negligent. 43. The incident, injuries and/or damages alleged to have been sustained by the Plaintiff were not proximately caused by the Answering Defendant. 44. Plaintiff may not have properly mitigated her damages. 45. Plaintiff's claims for strict liability fail to state claims upon which relief may be granted. 46. The subject hose may have been modified or abused. 47. If the hose was, in fact, sold by Answering Defendant, it was not defective when it left Answering Defendant's hands. WHEREFORE, Answering Defendant requests that Plaintiff's Complaint be dismissed without cost to it. NEW MATTER Waxman Industries, Inc. v. Ken Berrv 48. Without admitting the truth thereof, the allegations of Count IV and V of Plaintiff's Complaint are incorporated herein by reference thereto. ~ - = ^ ,,- r. ", -, ,"' >~" ,~/~ '. ~'~-~.'" ,""'~I"" ''''w<'''''''', , ~'~~"'lItj WHEREFORE, if Answering Defendant is held liable to Plaintiff, which liability is specifically denied, then the co-Defendant is solely liable to Plaintiff, liable over to Answering Defendant on Plaintiff's claims or liable to Answering Defendant for indemnification and/or contribution, Respectfully submitted, :89822.1 - -.-.. d-',;'~ ~_,__ ,,-r. ' "'" , _,'-'_c,'_ i, ':,'~ -", -_~ 10; -'~_".;.i-,"_~-~;' _d__~' ',' " , '~'k- 'i, ',,"-'~_ ___,_,:. ,'~L;'" -,' ~, VERIFICATION I, ""lARK. weS""'E,(. ,state that I am VrtJEf(l.i3SIIJEt((-{.tJNtiofWaxman Industries, Inc., that I make this Verification on behalf of Waxman Industries, Inc. and that I am familiar with the facts set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa. C,S,~ 4904 relating to unsworn falsification to authorities. WAXMAN INDUSTRIES, INC. Title' Dated: - ,- ., -- ., ""k - -, ~, '0,"'_,,:,"<-' :" "c,-, ;'j """A H:;--'<;= "" .~"'- ',"';-"1'","....,>:,;." '"' ,-;-.,.."-.. , 'l;,.;, 'j;;'i CERTIFICATE OF SERVICE I, JEFFREY B. RElTIG, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing document on the fOIlOWizt;rson by placing same in the United States mail, postage prepaid, on the ,) day of , d/l_~ ,2000: Chester Darlington, Esquire Post & Schell 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-7480 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP uire ~"~, . c -', "i iiIl , ~~~. " -j',-" ",--,-,' , ~ , ^ 0 0 0 c: C~) -n "'- , ~ "el -0 (; ,:0 L:" '7"; ~;:.J '--1 :."n 7~, ," I ,-"1 U' ]:,~ 0) ,~ , 0 ~~) ~ -,-, ;.;:~ -:ti 5: C) -,' ...,;I."~ :::-,;":C) ~C) r:-~ t5rn :P'C: ---\ :z .~n ;t>: ~ :0 -< r" -< m --=' . =" " . . ="-~,,~~, " ,- ~ ,>~ " '."_,"</ ". .''''1-, ~"" ,C:", 0" ,,---,,~,.'~".;-,"--,' "-'"~"'''',-'w'---''--''''-'"''~''''_'';I'''''"'''''--''_';'C::'I.:'';''' ;.,.,~",. -~iIlfl f .. POST & SCHELL, P.C. BY: CHESTER F. DARLINGTON I.D. # 79070 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 ATTORNEYS FOR PLAINTIFF SALLY D. LOFFREDO COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff, v. NO. 2000-1044 WAXMAN INDUSTRIES, INC. and KEN BERRY, Individually, and T/A and D/B/A KEN'S ELECTRIC SERVICE CIVIL ACTION - LAW Defendants. ARBITRATION PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT WAXMAN INDUSTRIES. INC. Plaintiff, by and through undersigned counsel, herein replies to the New Matter filed by Defendant Waxman Industries, inc., and in doing so avers as follows: 1-34. Plaintiff incorporates by reference herein the allegations set forth in paragraphs 1 through 34 of her Complaint, as if set forth at length herein. NEW MATTER 35-47. Denied. To the extent the allegations of the corresponding paragraphs constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Peunsylvania Ru1es of Civil Procedure. To the extent the allegations of the corresponding .' - ~ " ~-' ," ',". ri~Y'~"~' ,'~~" <~--~~,,~"" ,,~,-~ .""'-_" '''''''10''''''';';''':''"'_'' > -~--'~);iiii , paragraphs constitute factual averments, the same are deemed to be denied pursuant to Pa. R. Civ. P, 1029 ( e). Proof of same is hereby demanded at time of trial. 48. Denied. The averments contained in these paragraphs are not directed to the Plaintiff and no response is required. WHEREFORE, Plaintiff demands judgment in her favor and against Defendants as set forth in her Complaint. POST & SCHEL , P.c. BY: CHESTER F. DARLINGTON, ESQUIRE Attorneys for Plaintiffs DATm ql{oo -. " - "-"~,,'-' "d' ~".- .'~',,,,...- "'_~. ~-",.~, """<~-'~~--'-_'>;A'''",~M''O ~.' ,,,-,,,,,,-,,--,,,>:.,1"' "'.-=" 0'" c,-' "~";i1i1 VERIFICATION CHESTER F. DARLINGTON, ESQUIRE, hereby states that he is the attorney for Plaintiffs in the within action and verifies that the statements made in the foregoing REPLY TO NEW MATTER are true and correct to the best of his information, knowledge and belief. The undersigned understands that the statements made therein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. POST & SCHELL, P.C. BY: (jJ/)~i CHESTER F. DARLINGTON DATED: If/ U/ Of) ',~^' ,--" ~, - ,- ,~-- --'--',""--~';," ,.. ."---<'~'~'- '-",d<-;"I""~'''''''-';;ob'-, __ ^._-~ CERTIFICATE OF SERVICE CHESTER F. DARLINGTON, ESQUIRE, hereby certifies that a true and correct copy of the attached REPLY TO NEW MATTER has been served upon counsel of record below on this date by regular mail. Daniel K. Deardoff, Esquire Mattson Deardoff Williams and Otto Ten East High Street Carlisle, PA 17013 Jeffrey B. Rettig, Esquire Thomas Thoms and Hafer 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 BY: POO~ (j CHESTER F. DARLINGTON Attorneys for Plaintiff DATED: tfl5(cd ,... - '" ",-,,',1, o c ...' -n';:" p:';\'~~" Wt! _:7C-~ ~~':~ '2' -'3 ~ o o ?"" '-0 ::0 I ._l "I i I o -ri :;'~.:;;D .,;r-i ,'=t ".),y '2~~~ ;:"--)ff1 ::.; ~ "":-J ::;\';'; (o;-? r, en r< ~~a-<<, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW SALLY D. LOFFREDO, Plaintiff v. NO, 2000-01044 WAXMAN INDUSiRIES, tNC, and KEN BERRY, Individually and liB Bnd d/b/a KEN'S ELECTRIC SERVICE, Defendants CIVIL ACTION - LAW ARBITRATION PRAECIPE TO SEiTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Please mark tile above captioned matter settle ,discontinued and ended. Dated: r( 'lAJj3/ 20/20:3!:ll:ld mj;8 '3bS '3S8:0.L Sm:U[2L..L SI:IWOH.L SI:IWOH.L:WOd." [17:2, l0 .Ll:-ddtJ - - -.c , -'" ~- "~ ,jJ.J~~ L, - ,-"",,,-, '.." ,.- "' , 'iJ e 0 0 -n ~ :t:O' -1 -om -0 m~ 9293 ?O ~S; N -om CJ1 e'JC( ~Z ,,.-<, :"'(.) ;;::0 ~ ::;:!-n "-'~-n ?Z:g :x 00 '.f! 2m j;c ~ z ~ :;t _..I .