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Home My WebLink About00-01215 F:\FILES\DATAFILE\DONEGAL.DOC\154-com.l\las\cls Created: 01126100 10:41:43 AM Revised: 02/07/0011:11:59AM 3050.154 ROBERT L. FINNEN and ALTAM.FINNEN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000- /;J./OCNIL TERM JURY TRIAL OF TWELVE DEMANDED GENERAL ELECTRIC COMPANY, Defendant 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 appearance personally or by 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 case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: '1 Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By Geo . Fall J.D. No. 49813 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs Date: ~ 3.;2QXJ > '1 ROBERT L. FINNEN and ALTAM. FINNEN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000- /;I)~ CIVIL TERM GENERAL ELECTRIC COMPANY, Defendant JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, come the Plaintiffs, by and through their attorneys, MARTSONDEARDORFF WILLIAMS & OTTO, and hereby aver as follows: 1. Plaintiffs Robert L. Finnen and Alta M. Finnen are husband and wife and are adult individuals with a mailing address of P.O. Box 255, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant General Electric Company is a business corporation with a business address of3135 Easton Turnpike, Fairfield CT 06431-0001 3. On or about August 10, 1998, Plaintiffs were residing at a rental property located at 303 South Baltimore Street, Mt. Holly Springs, Pennsylvania 17065. 4. At all times relevant hereto, Defendant General Electric Company was engaged in the manufacture and/or distribution of General Electric Refrigerators. 5. Approximately ten years prior to August 10, 1998, the Plaintiffs purchased a General Electric Refrigerator, Model TFX22ZF. 6. On or about August 10, 1998, the refrigerator malfunctioned causing a fire in Plaintiffs' residence. 7. As a direct and proximate result of the fire, Plaintiffs sustained property damage in the amount of$16,478.02. (See Exhibit "A" attached hereto). COUNT I - NEGLIGENCE Robert L. Finnen and Alta M. Finnen v. General Electric Comoany 8. Paragraphs 1 through 7 of this Complaint are incorporated herein by reference. , , 9. At all times relevant hereto, Defendant General Electric Company acted by and through its agents and/or servants and/or employees who in turn were acting within the scope of their employment and on behalf of Defendant General Electric Company. 10. All of the resultant losses and damages sustained by Plaintiffs resulted directly and proximately from the reckless, wanton and negligent conduct of Defendant General Electric Company in failing to: a. properly design the refrigerator in order to avoid such injuries/damages; and b. properly and/or adequately manufacture the refrigerator in order to provide a safe product. 11. As a direct and proximately result of the reckless, wanton or negligent conduct of Defendant General Electric Company, Plaintiffs have suffered damages in the amount of$ 1 6,478.02. WHEREFORE, Plaintiffs demand judgment against Defendant General Electric Company in the amount of$16,478.02, plus interest and costs. COUNT II - PRODUCTS LIABILITY Robert L. Finnen and Alta M. Finnen v. General Electric Company 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference. 13. The aforementioned refrigerator was designed, manufactured and sold by Defendant General Electric Company. 14. The refrigerator was used by Plaintiffs in a foreseeable manner and was not ever subject to any abnormal use. 15. The refrigerator malfunctioned on August 10, 1998, causing the aforementioned fire and damages. 16. Defendant General Electric Company is liable to Plaintiffs under a theory of pro ducts liability. ':, ~- --~ WHEREFORE, Plaintiffs demand judgment against Defendant General Electric Company in the amount of$16,478.02, plus interest and costs. ~TS~15 George B. Faller, Jr., Esquire J.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: March 3, 2000 VERIFICATION The foregoing Complaint is based upon information,which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subjectto the penalties of18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. fl!Jt2~~ Robert L. Finnen ;f~ $, r~ Alta M. Finnen F:\FILES\DATAFILE\DONEGAL.Doa154-com.l\gbt\las 'I't",,_ .,,, ~ . . . ~ ~~ .~~!l ,,""" ~~ ~ ~ ~ ~ ~ ~ ~ ~ D o G <~ -c: 0:~ fT16j 2: ~\J zr: en ~~,~; -</-, r:-O ~- :7::; C) b(~ ::P'C 2,~ --1 -<. C! c:> ~ - 'pl'" ;;;0 1 W "'" :::;k 79 .:;-' o -n :-1 .3-"i1 f11p -..tl'Tl ""9 ;':~?:f;?i r'-:!J '';0 om -; J;> ::q -<. 'RECEIVED FEB 22 2000 MDWr ,. _~"I!!ol'l'1I.. ~ ~ .~.."l!!';<Ilf';I)f'f~I"!'!Ifill'1"~~i\l'lW~I'\imiif~)l"f"'",",~"'"fl!1l_'f!!'Jlim$lln.~Q!!II'l1:-;; F:\FILES\DATAFILE\DONEGAL.DOC\154-PRA.lInlm Created: 05flOOOll:25:43AM Revised: 05fllfOOI1:29:04AM 3050.154 ROBERT L. FINNEN and ALTA M. FINNEN, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000- 1.216 CIVIL TERM GENERAL ELECTRIC COMPANY, Defendant JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARDORFF WILLIAMS & OTTO By Ge ge B. Faller, Jr., Es Ire J.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs Date: May 1 1,2000 1"~ . "" , . . . , . CERTIFICATE OF SERVICE I, Nichole L. 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: Mr. Louis Beckett GENERAL ELECTRIC COMPANY 152 Conant Street Beverly, MA 01915 MARTSON DEARDORFF WILLIAMS & OTTO By ~ ;{~CJr.~ Nichole L. Myers Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: May 11,2000 _"'1," . , ',,< ~,- , ,-r-. . , roo.."...~ ~ .,~'"". -,..~ .".",--""""" 0 0 .~~ c <:) S. - .-.t -"'" .'c- -om :P>> ~i~..~ rnrn -< 2:0 "om ZC ..~10 ~:2~ ,:.; I -,<;> !;20 --0 C':-H ?-; C) ::Jl: '2(''5 ~O t.:? om PC ~ ...,. ::'::> .-1 ~ -< ~''''''e''~f'II1jl'W\lmm''_'''''!l'*",,,~~~ ~ ~_~~A_,~ d~_~'"iI!.!Ilfl\lll''' ~ ~".,.. " !)Ii:tIf{"~