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!)() NOH!H UlIKE STIlEEI lANCAS!l'H,
PF~NSYl V.ANIA 'ThO'! . (/1" 2\Hl tJ2l)() ~
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INB1HUCllQNS FOH SS.R'oIICE OF PROCF.SS Oft Ih. feye'M of ~ 11I1\IW, 11
~I copy III !hll Imm Pl..... type Of prlnt tDQlblV. Do not OItt.ch any OQpIN, N
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97-5260 Civil Term
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SHER!FF SERVICE
PROCESS RECEIPT, Bnd AFFIDAVIT OF RETURN
,~' PlAINTl~':lhi
Michele F. Taylor
j..t)EFENiJ"At.ir,:sl
^rnold Fue 1 oil
et
Ell
4 TVPE OF WRIT Ot1.COMPlAiN......
Writ of Summons
s,i{
i-iNO"iCATE" UNUSUAL SF.nVICE COMMON OF PA XnEPUTlll (i'THEI'1 C\lmberland
Now, Sept. 26. 199719 ,I. SHERIFF OF JtJltIlllX4efJUI COUNTY, PA ,do h
_.La_ncaster County to oxacuto Ih'S~
to law ThiS doputatlon being made 01 the requost nnd FIsk of the pllllnlllf
1<11'111 )!I...I.;",
..ipicIA~ 'NSTHUCTlONS on OTHER INFORMAT'ON THAT WILL ASS'ST IN EXPEDITING SERVICE,
f> NAME Of tNDIVIIHIAI COMPANY {:OI,\POIlATIUN lie 10 BE S[llv!:[)
Burnham Corooration
Ij ADDIII:SS tSII.,..t.lI Ilf;f.) AP;1I11111'1Il No , Clly
1038 DillerviUe Rd..
Uqf'J T\>ill
Stlllll alld III' C"d'H
Lancaster
P^
17603
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN Any dnplJty !'.holdl Illl/Ylng upon or (llIllclling Bny property under
wllhln wnl mdy lOllI/if 51l111tl wltholJt II wuldln1/JIl. In I:w.lody 01 whoml'll/m I~ Immlllll p05liO!iHlol), ;lftllf nl)tllYU1lJ porson of tOI/Y at llllllchml3nl, wllhout IInblllly on
Ihe pl1l1 01 such dopuly or tho til10nllln Ilny p1UlIlt11l111)fCIIl lot any If)l\!\, l1e!>l; "cllon 0t mnlovlll of ill1Y tiw'h propr;r1y bolOlO 511",n1l'5 61llF,l therf.!IJI
It, SIGNAT"iiRE-oiATIORNEy'ol ollHJt o"FUGINATOA J10 TELEP~IONE NUMBER . '-'['l-;-.DATEn'~---__-~._-~
_lI,I~!i,I!:J:.,EJ,TIlORP. ESQUIRE CUMBERLAND CO PD ADV C T (717 )236-32.00 "6EP'P'2?-- .997.,,---,.-
12, SEND NOTICE OF Sl!RVICE COPY TO NAME AND ADDRESS BELOW (Thll areA must be compITtted If nollco III to be mollod) .,
RE~NOLDS & HAVAS 101 PINE STREET P,O. BOX 932 HARRISBURG, PA 17106-0932
__.__,....n.'. ---'SPACE"BEiow-'r:OR"U5E OF SH'ERIFF 'ONLY - DO NOT WRl'TlfBELCfw THls'i'ir.fE-.-~-"-'------
~~:~~Wh~I;~II-reC{)IPI-I;'-t;l;)-:;I.'} ,.."u__' "NAME of A'I,tilllllll!,j leSe lh'plllY ,H(;I,'lk " . '" '" '" .p~(-n;;I~~'-R;";;~-o;ve~J_m._. "'-'11'SE-;'PltltllonIHIJ,H,ng dala .
._.~_C_~l~~~~I~<I!>ll1lliC,lledal1'll/l' OP/JUOY MORRIS ,}95-3609 llO/6, 1.~97 ___ g~'!'.._~~L..~~}_.__
16 I hp.nll)y CERTIFY illH1 RETURN Illal I Ilill/I' !WI!;I)IIU:1y ""1"1'11 .., !liIY" I('pl I,Vldl'IlI:I, ')! ';"'V'O:O~ d~; :,IlLlI'm IIln"ll1;lIk:;' 11dVI) 'l)PClllt;lj af> ~110WI1 In
"Romnrkll", Hw Wtlt 'If cOlllpllLlllt ,jlJ~ioltmd 'JI1 II,,! 1III1I',1I<'I)ill "JI1111,II1Y ;:nlplH;III<JIl 'el< dl 1I1l~ .!drll.",', :;l1n",," ,11)'l"'-' or Oil t1w Uj,1IVldlwt. romp;my COt.
porlltlon etr; a! the ILlhJIQ:i5 'n~i~lIh!d tllJh)w IlY IHUldil111 d TRUE and ATTESTED COPY thereot,
!!__~_~l~~cby r.ertlfy ,Ind !Il!um d NOT FOUND bPI IIl',I1 I ,un lJJ1ull!' II) h), uti' !Ill' IndlvpJulIl I LlInpdllY. "'IP' 1l!IIJIl "~ r1l11n,} "tlOlle (~IH~ tt)Ill.Jrk'l bl~I~W!..._ __ _____
18 Name Ilnd title o! IllIjlvlljlJllt ';I'lw'd ~I! no! ',hr)Yvll dllqw) l~lPliltll~4t1 I<l7lJ"!flIlLj,":( PCA.JH',) 'v <....tlMft.) ['I} A pl"~')" ", ~ullullln '\1/0 ~'lll UI!loaIlOI1
1?' I - 'I -" /.' /J --~ ,1 It'un ru~ldmli III 1118 ~1I18r'1dllnl!l u&ual
,~__lL~tt (.,. L) etfn/?( I -/15,-, r r1./ jr!'i"""r-. f?r"~ _ pluc~'I!.ll~fJ___ u__ '-_,___,___
20 Addteliilii 01 whl't" ,nI\lpd 1, Oil t'lI It> ..nly,f lhH/lIl'1l1 111111 ',11nwll ,1!!IlV") (SHod ,If HFO APdltllll'nl NO Clly Rom Twp [21 Dille 01 Sal'lllca 22 Tlmo
~~..~d_Z'~ Cox I'''' I I I I. [ .1. r [U. r- [- -,r(C ~ 92 '-I', 5' .iT
23 AT1EMPTS I ~/~ ~o ~:;'1~' Dolo Mil.. ~.p Inl .OOI'.J ~U.. 0: '=-L:~1l ,M~OJ O.p 'nt. Dol. Dop,lnl,
UAdvlJrlci'Cor.t:, 25 :8:."::',"" )26 N,,'nryCnrt 127 M"7s'~/NF..___J2. ~O"'CO~O<1 C~:Z9~D
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MV COM SSI.9}';!.!~~~~E~ ____... .". _...--_..._, . '<0 .
38. I ACKNOWLEDGe RECEIPT OF THE SHERIFF'S RETURN SIGNAtURE '}.
OF AUTHORIZED ISSUING AUfHORITY AND TITlE
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1 ISSlHNC, "l!r~I()Hlrl
COMMONWEALTH OF PENNSYLVANIA
IN 'l'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
MICHELE F. TAYLOR,
plaintiff
No. 97-5260 - civil
v.
CIVIL ACTION - LAW
ARNOLD FUEL OIL and
BURNHAM CORPORATION,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff, Michele F. Taylor ('Plaintiff"), is an
adult individual currently residing at 456 country Club Road, camp
Hill, Cumberland County, Pennsylvania.
2. Defendant, Arnold Fuel oil ("Defendant Arnold Fuel"),
is a corporation with a place of busineas at 910 South Eisenhower
Boulevard, Middletown, Dauphin County, Pennsylvania.
3. Defendant, Burnham corporation ("Defendant Burnham"),
is a corporation with a place of business at 1038 Dillerville Road,
Lancaster, Lancaster County, Pennsylvania.
4. Plaintiff purchased a furnace, model number
PV-74-SBP, with a serial number of 27137919, in November of 1996
("the furnace").
5. The furnace was manufactured by Defendant Burnham.
6. The furnace in question was purchased from and
installed by Defendant Arnold Fuel on or about November of 1996.
7. At about the time of the purchase of the furnace,
plaintiff was given a written warranty for the furnace ("the
furnace warranty.). Plaintiff i. no longer in po..e.sion of the
furnace warranty. Plaintiff believes and, therefore, avers that
Defendant Arnold Fuel and/or Defendant Burnham are in possession of
the furnace warranty.
8. On February 17, 1997, when the furnace was
approximately three months old, the furnace malfunctioned, causing
soot and smoke damage throughout Plaintiff's home.
9. As a result of the defective manufacture of the
furnace by Defendant Burnham and the negligent and improper
installation of the furnace by Defendant Arnold Fuel, Plaintiff
suffered the damages herein after described.
Count I
IIIGLIGIHCB
Michele Taylor v. Arnold Fuel oil
10. The averments contained in paragraphs 1 through 9
hereof are incorporated herein by reference as if set forth in
their entirety.
11. The occurrence of the aforesaid inci.dent on
February 17, 1997, and the damages to Plaintiff's home resulting
therefrom were the direct and proximate result of the negligent,
carel~ss, and reckless conduct of Defendant Arnold Fuel, inClUding,
but nat limited to, the improper installation of the furnace by
Defendant Arnold Fuel.
- 2 -
12. As a result of Defendant Arnold Fuel's negligent,
careless and reokless oonduot, the furnace malfunotioned, causing
soot and smoke to enter Plaintiff's home and damage the same.
13. As a result of the negligent, careless and reckless
conduct of Defendant Arnold Fuel, Plaintiff has incurred expenses
in the repair of the furnace, cleaning costs and other expenses for
a total of $7,347.23, plus interest.
WHEREFORE, Plaintiff Michele F. Taylor, demands judgment
in her favor and against Defendant, Arnold Fuel oil, in the amount
of $7,347.23, plus interest, costs of suit and any and all other
relief which this Court deems proper and just.
Count II
BRBACR O~ COMTRACT
Michele F. Taylor v. Arnold Fuel oil
14. The averments contained in paragraphs 1 through 13
hereof are incorporated herein by reference as if set forth in
their entirety.
15. Defendant Arnold Fuel agreed to properly and
adequately install the furnace in Plaintiff's home.
16. As a result of Defendant Arnold Fuel's breach of
contract, Plaintiff sustained damages in the amount of $7,347.23.
WHEREFORE, Plaintiff Michele F. Taylor, demands judgment
in her favor and against Defendant, Arnold Fuel Oil, in the amount
of $7,347.23, plus interest, costs of suit and any and all other
relief which this Court deems proper and just.
- 3 -
Count II I
KIOL:J:ODCB
Michele F. Tftylor v. Arnold Fuel oil ftnd Burnhftm Corp.
17. The averments contained in paraqraphs 1 throuqh 16
hereof are incorporated herein by reference as if set forth in
their entirety.
18. The occurrence of the aforesaid incident and the
damages to Plaintiff's home resultinq therefrom were the results of
the defective furnace manufactured by Defendant Burnham.
19. As a result of the defective furnace improperly
manufactured by Defendant Burnham, Plaintiff incurred expenses in
the repair of the furnace, cleaning costs and other expenses for a
total of $7,347.23.
WHEREFORE, pldntiff Michele F. Taylor, demands judgment
in her favor and aqainst Defendant, Burnham corporation, in the
amount of $7,347.23, plus interest, costs of suit and any and all
other relief which this Court deems proper and just.
Count IV
BRllAeR 01' WARRMITY
Michele F. Taylor v. Arnold Fuel and Burnham Corp.
20. The averments contained in paraqraphs 1 throuqh 19
hereof are incorporated herein by reference as if set forth in
their entirety.
21. It is believed and therefore averred that the
furnace warranty covers the damaqes sustained by Ms. Taylor as a
result of the defective furnace.
- 4 -
22. Defendant Arnold Fuel and Defendant Burnham failed
to reimburse Ms. Taylor for the damages caused by the defective
furnace or, in other words, materially breached the furnace
warranty.
23. As a result of Defendant Arnold Fuel's and/or
Defendant Burnham Corp.'s material breach of the furnace warranty,
Plaintiff sustained damages in the amount of $7,347.23.
WHEREFORE, Plaintiff Michele F. Taylor, demands judgment
in her favor and against Defendants Arnold Fuel oil and Burnham
Corporation, in the amount of $7,347.23, plus interest, costs of
suit and any and all other relief which this Court deems proper and
just.
Count. V
BRIACB or WARRANTY
Miohele F. Taylor v. Arnold Fuel and Burnham Corp.
24. The averments contained in paragraphs 1 through 19
hereof are incorporated herein by reference as if set forth in
their entirety.
25. Defendant Arnold Fuel and Defendant Burnham corp.
breached their sales agreement with Ms. Taylor and the implied
warranty of merchantability and fitness for a partiCUlar purpose,
as stated under 13 Pa. Cons. stat. 55 2314 and 2315, in that they,
their employees, servants and/ or agents, indiv.idually or in
concert, inter alia, (a) manufactured and/or sold a furnace with
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELE F. TAYLOR, ) CIVIL DIVISION
)
Plaintiff, ) No, I 97-5260
)
vs. )
)
ARNOLD FUEL OIL and )
BURNHAM CORPORATION, )
)
Defendants, )
)
vs. )
)
RW BECKITT, INC. , )
)
Additional Defendant, )
AFPIDAVIT OF SERVICE OF WRIT TO JOIN ADDITIONAL DEPENDANT
RW BICKITT, INC.
Before me, the undersigned Notary Public this day personally
appeared Timothy S, Griffin, Esquire, who being duly sworn
according to law deposes and says that he mailed the Writ of
Summons to Join Additional Defendant RW Bickitt, Inc, in this
matter by certified mail, return-receipt requested, to the
Additional Defendant RW Bickitt, Inc, at its place of business
located at 38251 Center Ridge Road, North Ridgeville, Ohio 44039 on
February 9, 1998, and that the return-receipt signed by Additional
Defendant is evidence of delivery and is attached hereto as Exhibit
"A" .
re
Sworn to and SU~S1J~d
before :t(fyhiS ~ ~~
day of ')LlIJ;tJ '
1998,
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US Postal SOl'llca
Receipt for Certified Mall
No Insurance Coverage Provided,
Do nol U58 lor 1"lernatlonal Mall Sf" f'fJV'fS'
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8' TOTAL POllIOd Feu $
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PS Form 3111, Dec.mber 1994
EXHIBIT "A"
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IN THE COuRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELE F. TAYLOR, ) CIVIL DIVISION
)
Plaintiff, ) No. : 97-5260
)
vs, )
)
ARNOLD FUEL OIL and )
BURNHAM CORPORATION, )
)
Defendants, )
)
vs, )
)
RW BECKETT, INC. , )
)
Additional Defendant, )
COMPLAINT TO JOIN ADDITIONAL D..BNDANT. RW BB~KITT. INC.
AND NOW, comes the original Defendants, Arnold Fuel oil and
Burnham Corporation, by and th~ough their attorneys, Timothy S,
Griffin, Esquire and Summers, McDonnell, Walsh and Skeel, and files
the within Complaint to Join Additional Defendant of which the
following is a statement:
1, This pleading, A Complaint to Join Additional Defendant,
does not and is not to be construed to admit liability to the
Plaintiff when, to the contrary, it is denied that the original
Defendants, Arnold Fuel Oil and Burnham corporation, are indebted
to the Plaintiff and/or any other parties of record in this action
for the causes of action declared on and/or any other causes of
action, in the sum demanded or in any sum whatsoever; and to the
contrary, these De fendants aver that they have a just, full, true,
complete and legal defense to all of the Plaintiff's claims and/or
any claims of any other parties of record in this action or in any
other action, To the extent that Plaintiff is successful in
proving the allegations of the Complaint, a true and correct copy
of which is attached hereto and marked Exhibit "A", these
Defendants have been advised and therefore aver that certain other
parties may be responsible in the cause of action declared by
Plaintiff and, therefore, in the event and for that purpose only,
these Defendants filed the within Complaint to .Toin Additional
Defendant.
2, The original Defendant, Arnold Fuel Oil Corporation is a
corporation with a place of business at 910 South Eisenhiver
Boulevard, Middletown, Douplin County, Pennsylvania. The original
Defendant, Burnham Corporation, is a corporation with a place of
business at 1038 Dillerville Road, Lancaster, Laster County,
Pennsylvania,
3. The Additional Defendant, RW Beckett, Inc" is a
corporation with d principle place of business at 38251 Center
Ridge Road, North Ridgeville, Ohio 44039,
4, At all times relevant hereto, the Additional Defendant
manufactured and/Qr designed and/or installed a furnace, model
number PV-74-SBP, with a serial number of 27137919, in the
Plaintiff's residence in November of 1996,
5. These Defendants have filed an Answer to Plaintiff's
Complaint, a copy of which is attached hereto and marked as Exhibit
UB" .
6. If the Plaintiff sustained damages as alleged, which is
denied as set forth above, then it is asserted solely for purposes
of this joinder that the Additional Defendant, RW Beckett, Inc" is
solely and jointly responsible to the Plaintiff generally and in
the following particulars:
(a) If the furnace was in a defective condition,
which is denied, then the Additional Defendant
is negligent in failing to manufacture a
furnace free of defects;
(b) If the furnace was not in a reasonable state
of repair, which is denied, then the
Additional Defendant is negligent in failing
to keep the furnace in a reasonable state of
repair;
(c) Failing to reimburse the Plaintiffs for
damages caused by the allegedly defective
condition of the furnace and/or materially
breaching the manufacturer's warranty; and
7.
(d) Breaching their implied covenant to repair and
correct dangerous and hazardous conditions
allegedly existing in the furnace,
These Defendants deny that they are indebted to the
Plaintiff in any sum whatsoever and joins the Additional Defendant
on the basis that Additional Defendant alone is liable to the
Plaintiff for any damages which may be proven at the time of trial,
If, at the time of trial, it is determined that these Defendants
are liable to Plaintiff, all of which is denied by these
Defendants, then these Defendants seek to preserve their rights to
contribution and/or indemnification over against the Additional
Defendant for the reasons herein set forth,
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2. In Count I, paragraphs 11 and 12 of Plaintiff's
Complaint, the plaintiff alleges that Defendant Arnold Fuel Oil was
negligent, careless and reckless in the improper installation of
the furnace.
3. In Count I I, paragraph 18 of Plaintiff's Complaint,
plaintiff alleges that Defendant Burnham Corporation improperly
manufactured the furnace.
4. The Defendants assert that such catch all allegations of
negligence must be stricken pursuant to the reasoning of the
Supreme Court of Pennsylvania in Connor VB. All egheny General
Hospital, 501 Pa. 306, 461 A.2d 600 (1983).
II. MOTION TO STRIKE DEMURRBR
5. Counts II, IV and V of Plaintiff's Complaint allege that
the Defendants breached the furnace warr~nty.
6. plaintiff failed to attach the warranty allegedly forming
the basis of the Breach of Warranty Claim. Under the Pennsylvania
Rules of Civil Procedure, Rule 1019(h), all writings forming the
basis of a claim should be attached to the Plaintiff's Complaint.
7. Therefore, the Defendants, Arnold Fuel oil and Burnham
Corporation, in accordance with the foregoing, respectfully
requests that Counts I, II, III, IV and V of Plaintiff's Complaint
be. stricken. Alternatively, Plaintiff should be required to file
an Amended Complaint which states with specificity the alleged
defective condition of the furnace, and has the Warranty attached
as an exhibit.
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defendant manufactured, designed or installed the subject furnace
in plaintiff's residence. On the contrary, upon information and
belief, the furnace in question was in fact at all times relevant
designed and manufactured by Burnham Corporation and installed and
serviced by Arnold Fuel Oil Corporation.
5, Denied. Upon information and belief, the original
defendants have not filed an Answer to plaintiff's complaint but
rather have filed Preliminary Objections to plaintiff's Complaint.
Nei ther a copy of any Answer or Preliminary Objections were at-
tached to the joinder Complaint.
6, Denied. After reasonable investigation, answering
addi tional defendant is without knowledge or information concerning
whether any damages were sustained by plaintiff, Furthermore, it is
specifically denied that additional defendant, R.W. Beckett, Inc.,
is liable in any respect for plaintiff's alleged damages, These
allegations include conclusions of law to which no further answer
is necessary, Additional defendant further responds as follows:
(a) Denied. It is specifically denied that the
additional defendant manufactured the subject furnace, let
alone manufactured a furnace in a defective condition. Any
component part of said furnace which may have been manufac-
tured by answering additional defendant was, at all times
relevant, free of defects, Strict proof to the contrary is
demanded,
(b) Denied. It is specifically denied that addi-
..- 3 --
tional defendant had any obligation to repair or maintain the
furnace in plaintiff's premises, and accordingly cannot be
found negligent in failing to keep the furnace in repair. This
is a conclusion of law to which no further answer is neces-
sary.
(c) Denied, It is specifically denied that answer-
ing additional defendant was in any way responsible for
plaintiff's alleged damages or had or breached any duty to
reimburse plaintiff for damages. Furthermore, it is specifi-
cally denied that answering additional defendant manufactured
or was otherwise responsible for the allegedly defective con-
dition of the furnace or breached any warranties.
(d) Denied. This is a conclusion of law to which no
further answer is necessary, It is specifically denied that
any hazardous condition existed for which answering addi tional
defendant was responsible or that answering additional defen-
dant had any duty, let alone breached a duty to repair the
furnace.
7. Denied, This is a conclusion of law to which no
further answer is necessary. It is specifically denied that answer-
ing additional defendant is in any way responsible to plaintiff or
the joining defendants for the loss complained of. Strict proof to
the contrary is demanded, if deemed relevant, at time of trial.
WHEREFORF.:, additional defendant, R. W. BECKETT, INC.,
hereby prays that judgment be entered in its favor in the above-
-- 4 --
captioned matter.
NEW MATTER
8. Defendants have failed to state a claim or cause of
action for which relief can be granted against additional defen-
dant, R.W. BECKETT, INC,
9. Additional defendant, R.W. BP.CKETT, INC., was nei-
ther the manufacturer, designer or installer of the furnace de-
scribed in plaintiff's and joining defendants' Complaints,
10. Additional defendant, R.W. BECKETT, INC., had no
obligation or duty to maintain or repair the furnace in plaintiff's
premises.
11. No component of the furnace in question, which com-
ponent may have been manufactured by R.W. BECKETT, INC. and incor-
porated into the furnace by BURNHAM CORPORATION, was defective or
the cause of plaintiff's loss.
12. R.W. BECKETT, INC. did not breach any express or
implied warranties with regard to any component part of the fur-
nace which it may have manufactured and which component thereafter
was incorporated in the furnace by BURNHAM CORPORATION.
13. Additional defendant raises the defense of spolia-
tion of evidence.
WHEREFORE, additional defendant, R.W. BECKETT, INC.,
hereby prays that judgment be entered in its favor in the above-
captioned matter.
-- 5 --
6)01
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELE F, TAYLOR,
Plaintiff,
vs,
ARNOLD FUEL OIL and
BURNHAM CORPORATION,
Defendants,
VB.
RW BECKET'r, INC"
Additional Defendant,
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CIVIL DIVISION
No.: 97-5260
REPLY TO ADDITIONAL DEPENDANT
RW BECKETT'S NEW MATTER UNDER
RULE 2252(d)
Filed on Behalf of Defendants,
Burnham Corporation and Arnold Fuel
Oil
Counsel of Record for This Party:
Timothy S, Griffin, Esquire
PA I,D, No,: 56730
SUMMERS, McDONNELL, WALSH & SKEEL
Firm I,D. No,: 911
The Gulf Tower, Suite 2400
707 Grant Street
Pittsburgh, PA 15219
(412) 261-3232
JURY TRIAL DBMANDBD
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELE F, TAYLOR, ) CIVIL DIVISION
)
Plaintiff, ) No.1 97-5:l60
)
vs, )
)
ARNOLD FUEL OIL and )
BURNHAM CORPORATION, )
)
Defendants, )
)
vs. )
)
RW BECKET'r, INC, , )
)
Additional Defendant. )
DlrlNDANTe' PRILIMINARY OBJICTIONS AND
BRllr IN ~UPPORI or PRI~XNARY OBJICTIONS
AND NOW, comCfI the oriqinal Defendilnta, Arnold Fuel Oil and
Burnham Corporation, by ilnd thn)lI<]h Uwir attorneys, Timothy g,
Griffin, Esquire and Summers, McDonnoll, Will,sh and Skeel, and files
the within Preliminary Objections and Eldef in Support thereof:
I. MOTION TO STRIXI DIMURRIR
1. This case arises out of an incident that occurred on
Pebruary 17, 1997, Plaintiff's Complaint alleges that a furnace
backed-up caus,ing soot damagll to their home,
2. In Count I, paragraphs 11 and 12 of Plaintiff's
Complaint, the Plaintiff alleges that Defen~ant Arnold Fuel Oil was
negligent, careless and reckless in the improper installation of
the furnace,
3, In Count II, paragraph 18 of Pla.intiff's Complaint,
Plaintiff alleges that Defendant Burnham Corporation improperly
manufactured the furnace,
4, The Defendants assert that such catch all allegations of
negligence must be stricken pursuant to the reasoning of the
Supreme Court of Pennsyol vania in Connor vs. Allegheny General
Hospital, 501 Pa, 306, 461 A.2d 600 (1983),
II. MOTION TO STRIKE DEMURRER
5. Counts II, IV and V of Plaintiff's Complaint allege that
the Defendants breached the furnace warranty,
6, Plaintiff failed to attach the warranty allegedly forming
the basis of the Breach of Warranty Claim. Under the Pennsylvania
Rules of Civil Procedure, Rule 1019(h), all writings forming the
basis of a claim should be attached to the Plaintiff's Complaint,
7. Therefore, the Defendants, Arnold Fuel Oil and Burnham
Corporation, in accordance with the foregoing, respectfully
requests that Counts I, II, III, IV and V of Plaintiff's Complaint
be stricken, Alternatively, Plaintiff should be required to file
an Amended Complaint which states with specificity the alleged
defective condition of the furnace, and has the Warranty attached
as an exhibit.
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