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HomeMy WebLinkAbout01-04015 COMPLAINT -ARBITRATION -ASSESS. DAMAGE HEARING REQUIRED LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: L. PAUL JOHNSTON, 7R. Attorney for Plaintiffs Attorney I.D. No.: 68774 1144 W. Hamilton St. P.O. Box 1995 Allentown, Pa 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CHARLES and ERICA GEROW, 4725 Charles Rd., Mechanicsburg, PA 17055 and NATIONWIDE INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105 No.: Q ~ - ~0/S ~lcx Plaintiffs vs. AMERICAN APPLIANCE, 4800 Carlisle Pike, Mechanicsburg, PA 17055 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 an 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 that 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 Plaintiff. You may lose money or property or other rights important to 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LB3ERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 9 COMPLAINT -ARBITRATION -ASSESS. DAMAGE HEARING REQUIRED LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: L. PAUL JOHNSTON, JR. Attorney for Plaintiffs Attorney LD. No.: 68774 1144 W. Hamilton St. P.O. Box 1995 Allentown, Pa 18105-1995 (610)437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CHARLES and ERICA GEROW, 4725 Charles Rd., Mechanicsburg, PA 17055 and NATIONWIDE INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105 Plaintiffs vs. AMERICAN APPLIANCE, 4800 Carlisle Pike, Mechanicsburg, PA 17055 Defendant COMPLAINT AND NOW come the Plaintiffs, by and through their attorney, L. Paul Johnston, Jr., and bring this civil action against the Defendant, American Appliance, upon a cause of action whereof the following is a statement: 1. Plaintiff Charles Gerow is an adult individual residing at 4725 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "Plaintiff Charles Gerow") 2. Plaintiff Erica Gerow is an adult individual residing at 4725 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "Plaintiff Erica Gerow") 3. Plaintiff Nationwide Insurance Company is a corporation, registered with the -, . -,_,_ s._. _, e Pennsylvania Insurance Department to do business in Pennsylvania, providing insurance coverage, with an address of P.O. Box 2655, Harrisburg, Pennsylvania 17105. (Hereinafter "Plaintiff Nationwide") 4. Defendant American Appliance is believed to be a Pennsylvania business entity, with an address of 4800 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "Defendant Appliance") 5. At all times relevant hereto, Plaintiffs Charles and Erica Gerow were the owners of a residence located at 4725 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "the Gerow residence") 6. Plaintiff Nationwide brings this action as subrogee of Plaintiffs Chazles and Erica Gerow pursuant to its right of subrogation as contained in a home owners insurance policy issued to Plaintiffs Charles and Erica Gerow, which covered the Gerow residence, and which, at all times relevant hereto, was in full force and effect. 7. On or about April 13, 2001, Plaintiffs Charles and Erica Gerow purchased a dishwasher from the American Appliance store located at 4800 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. On or about April 16, 2001, agents, employees, and/or contractors of Defendant Appliance, in furtherance of their duties to Defendant Appliance, began to install the aforementioned dishwasher at the Gerow residence. 9. On or about April 19, 2001, agents, employees, and/or contractors of Defendant Appliance, in furtherance of their duties to Defendant Appliance, finished installing the aforementioned dishwasher at the Gerow residence. 10. The agents, employees, and/or contractors of Defendant Appliance failed to ~e. _, +-, . ,~,.a.,. completely insert the soft tubing into the ninety degree compression fitting, failed to properly secure the tubing and compression fitting with Teflon tape or similar sealer, and failed to properly tighten the compression fitting. 11. As a direct, legal, proximate, and efficient result of the above described actions and/or inactions of the agents, employees, and/or contractors of Defendant Appliance, the dishwasher began to leak. 12. On or about June 29, 2001, Plaintiffs Charles and Erica Gerow noticed that brown water began to seep through the seam of the linoleum floor in the kitchen of the Gerow residence. 13. As a direct, legal, proximate, and efficient result of the above described actions and/or inactions of the agents, employees, and/or contractors of Defendant Appliance, the Gerow residence and its contents sustained water damage. 14. The incidents set forth and the resulting damages were in no manner caused by any act or failure to act on the Plaintiffs' behalf. 15. Pursuant to the above described policy of insurance, Plaintiff Nationwide compensated Charles and Erica Gerow in the amount of $5,943.72, and Plaintiff Charles and Erica Gerow paid a $250.00 deductible for a grand total of $6,193.72, to regair and/or replace the parts of the Gerow residence and its contents which sustained water damage. 16. Plaintiff Nationwide is now entitled to the legal, equitable, contractual, and statutory rights of subrogation in the amount of $6,193.72 against Defendant Appliance. 17. Accordingly, Plaintiffs Charles Gerow, Erica Gerow, and Nationwide are entitled to collect from Defendant Appliance the amount of $6,193.72, plus any losses attributable to the above events that have not as of yet been adjusted by Plaintiffs. ., n 18. It is believed and therefore averred that Plaintiffs Gerow suffered additional unadjusted losses in excess of $10,000.00 due to property damage and depreciation. WHEREFORE, the Plaintiffs Charles Gerow, Erica Gerow, and Nationwide Insurance Company hereby demands of Defendant Appliance a sum in excess of $16,193.72, together with interest and costs and such other further relief as this Court may deem necessary and appropriate. Respectfully submitted by LAW Q1iFICES O~'L,/PAUL J¢HNSTON, JR By: L PAUL N R., ESQUIRE A rney f lai ti Attorn y I.D. N 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 AFFIDAVIT li COMMONWEALTH OF PENNSYLVANIA SS 'COUNTY OF CUMBERLAND I, L. PAUL JOHNSTON, JR., ESQUIRE, being duly sworn according to law, depose and state I am the attorney for the Plaintiffs, and that I make this Affidavit on their behalf, and that the facts set forth in the foregoing are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa.R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigatory materials in the file. This verification is executed because the Plaintiffs can not reach Plaintiffs' counsel's office in time for personal execution and this verification can be replaced by one signed by an actual party upon any written request. SWORN TO AND SUBSCRIBED before me thiso~th day of SUiLQ > 2001. Notary Public My Commission Expires: r~IS~I Mich®SFa D. ft~nes, waaM RAHk { aLM~ucxare~, lLli~igM Gae+nty v taffy C,b~smNas!cA'i ~z{sk~, . 46, ~tSfrE L JOHNSTON, JR., ESQUIRE Attor I.D. No. 68774 1 44 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 >au 3 .'~?~ TJI r- n A SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-04015 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GEROW CHARLES ET AL VS AMERICAN APPLIANCE R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT AMERICAN APPLIANCE but was unable to locate Them in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND as to the within named DEFENDANT AMERICAN APPLIANCE NEW ADDRESS 810 PLAZA BLVD PARK CITY LANCASTER, PA 717-509-7980 Sheriff's Costs: Docketing 18.00 Service 6.50 Not Found 5.00 Surcharge 10.00 .00 39.50 ~1~,..~- So answ ~: R. Thomas Kline Sheriff of Cumberland County L. PAUL JOHNSTON JR 00/00/0000 Sworn and Subscribed to before me this .23 ,ul day of 2av/ A.D. n may, ~f ~ /~'~~ Proth tary COMPLAINT -ARBITRATION -ASSESS. DAMAGE HEARING REQUIRED LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: L. PAUL JOHNSTON, JR. Attorney for Plaintiffs Attorney I.D. No.: 68774 1144 W. Hamilton St. P.O. Box 1995 Allentown, Pa 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CHARLES and ERICA GEROW, 4725 Charles Rd., Mechanicsburg, PA 17055 and NATIONWIDE INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105 Plaintiffs vs. AMERICAN APPLIANCE, 4800 Carlisle Pike, Mechanicsburg, PA 17055 Defendant L.IUC~~n'1 _~~~ ~_ 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 an 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 that 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 Plaintiff. You may lose money or property or other lights impor`~ant to 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 R COMPLAINT -ARBITRATION -ASSESS. DAMAGE HEARING REQUIRED LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: L. PAUL JOHNSTON, JR. Attorney for Plaintiffs Attorney I.D. No.: 68774 1144 W. Hamilton St. P.O. Box 1995 Allentown, Pa 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW CHARLES and ERICA GEROW, 4725 Charles Rd., Mechanicsburg, PA 17055 and NATIONWIDE INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105 No.: Plaintiffs vs. AMERICAN APPLIANCE, 4800 Carlisle Pike, Mechanicsburg, PA 17055 Defendant COMPLAINT AND NOW come the Plaintiffs, by and through their attorney, L. Paul Johnston, Jr., and bring this civil action against the Defendant, American Appliance, upon a cause of action whereof the following is a statement: 1. Plaintiff Charles Gerow is an adult individual residing at 4725 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "Plaintiff Charles Gerow") 2. Plaintiff Erica Gerow is an adult individual residing at 4725 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "Plaintiff Erica Gerow") 3. Plaintiff Nationwide Insurance Company is a corporation, registered with the . , i ~' !Pennsylvania Insurance Department to do business in Pennsylvania, providing insurance I coverage, with an address of P.O. Box 2655, Harrisburg, Pennsylvania 17105. (Hereinafter "Plaintiff Nationwide") 4. Defendant American Appliance is believed to be a Pennsylvania business entity, with an address of 4800 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "Defendant Appliance") 5. At all times relevant hereto, Plaintiffs Charles and Erica Gerow were the owners of a residence located at 4`/25 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "the Gerow residence") I. 6. Plaintiff Nationwide brings this action as subrogee of Plaintiffs Charles and Erica Gerow pursuant to its right of subrogation as contained in a home owners insurance policy issued to Plaintiffs Charles and Erica Gerow, which covered the Gerow residence, and which, at all times relevant hereto, was in full force and effect. ! 7. On or about April 13, 2001, Plaintiffs Charles and Erica Gerow purchased a dishwasher from the American Appliance store located at 4800 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. On or abou± April 15, 2001; agents, employees, and/or contractors of Defendant Appliance, in furtherance of their duties to Defendant Appliance, began to install the aforementioned dishwasher at the Gerow residence. 9. On or about April 19, 2001, agents, employees, and/or contractors of Defendant Appliance, in furtherance of their duties to Defendant Appliance, fmished installing the aforementioned dishwasher at the Gerow residence. 10. The agents, employees, and/or contractors of Defendant Appliance failed to i completely insert the soft tubing into the ninety degree compression fitting, failed to properly secure the tubing and compression fitting with Teflon tape or similar sealer, and failed to properly tighten the compression fitting. 11. As a direct, legal, proximate, and efficient result of the above described actions and/or inactions of the agents, employees, and/or contractors of Defendant Appliance, the dishwasher began to leak. 12. On or about June 29, 2001, Plaintiffs Charles and Erica Gerow. noticed that ;; brown water began to seep through the seam of the linoleum floor in the kitchen of the Gerow ~ residence. ' 13. As a direct, legal, proximate, and efficient result of the above described actions and/or inactions of the agents, employees, and/or contractors of Defendant Appliance, the Gerow residence and its contents sustained water damage. 14. The incidents set forth and the resulting damages were in no manner caused by any act or failure to act on the Plaintiffs' behalf. 15. Pursuant to the above described policy of insurance, Plaintiff Nationwide compensated Charles and Erica Gerow in the amount of $5,943.72, and Plaintiff Charles and Erica Gerow paid a $250.00 deductible for a grand total of $6,193.72, to repair and/or replace the parts of the Gerow residence and its contents which sustained water damage. 16. Plaintiff Nationwide is-now entitled to the legal, equitable, contractual, and statutory rights of subrogation in the amount of $6,193.72 against Defendant Appliance. 17. Accordingly, Plaintiffs Charles Gerow, Erica Gerow, and Nationwide are entitled to collect from Defendant Appliance the amount of $6,193.72, plus any losses attributable to the above events that have not as of yet been adjusted by Plaintiffs. ~ ~~ 18. It is believed and therefore averred that Plaintiffs Gerow suffered additional unadjusted losses in excess of $10,000.00 due to property damage and depreciation. WHEREFORE, the Plaintiffs Charles Gerow, Erica Gerow, and Nationwide Insurance Company hereby demands of Defendant Appliance a sum in excess of $16,193.72, together with interest and costs and such other further relief as this Court may deem necessazy and appropriate. Respectfully submitted by LAW ~YI~ O~'L/pAUL ~HNSTON, JR. By: PAUL7Q,i~IST,C3N/JR., ESQUIRE Attom~y I.D. Nb~ 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 1$105-1995 (610) 437-5001 ~,.E. - , AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, L. PAUL JOHNSTON, JR., ESQUIRE, being duly sworn according to law, depose and state I am the attorney for the Plaintiffs, and that I make this Affidavit on their behalf, and that the facts set forth in the foregoing are true and. correct to the best of counsel's knowledge, information and belief. This verification is trade pursuant to Pa.R.C.P. 1024 and is based on interviews, wnferences, reports, records and other investigatory materials in the file. This verification is executed because the Plaintiffs can not reach Plaintiffs' counsel's office in time for personal execution and this verification can be replaced by one signed by an actual party upon any written request. SWORN TO AND SU] before me thisdGth day of SUti.2 , 2001. Notary Public My Commission Expires: o. vote~y ANardouwt, G' ~AgCamm~d~r+Expfrtr' Ap;. 'f5, ~~ , ~t~~ASWG'" QF^~. ,7C L. PA JOHNSTON, JR., ESQUIRE Atto I.D. No. 6$774 1 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 ~o -7 :~ ;tea ~~:) i~, i~ z~ ~ gZ and ~.L ~d Ri;: ~ °;IJ .- mwfw¢m~cc8tRi9rS8AL~f3W~M~~' «„-. - - . y i -, v-~. ~}.,p.i- , -. _ L. PAUL JOHNSTON, JR., ESQUIRE Attorney I.D. # 68774 1144 WEST HAMILTON STREET, P.O. BOX 1995 ALLENTOWN, PA 18105-1995 (610) 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARLES and ERICA GEROW and NATIONWIDE INSURANCE COMPANY, No.: 01-4015 Civil Term Plaintiffs, vs. f3 cs ~ r:, `=_ . ,~ AMERICAN APPLIANCE, Defendants. '°" <C' - -= z~ c ~: -= PRAECIPE TO REINSTATE OR REISSUE ~ ~ `- -~ TO THE PROTHONOTARY: X REINSTATE the Complaint in the above-captioned matter REISSUE the Writ of Summons in the above-captioned matter OTHER: Date: ~ 7-3 `~ L. AUL ON, JR., ESQUIRE Attorney for Plaintiff Attorney ID Number: 68774 1144 West Hamilton Street P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 ~~ 6.: C n~ -.. -e c -- m r;. i, .. r=- r_ - rr+. ~. - _ _~,_ ~~, ~ _ _ _ LC~`J (:, ~... `jf". _~ JJ C.J 1 SHERIFF'S RETURN - OUT OF COUNTY Ct'~5E N0: 2001-04015 P COMMONWEALTH OF PENNSYLVANIA: COL7NTY OF CUMBERLAND CHARLES ET AL VS AMERICAN APPLIANCE Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: AMERICAN APPLIANCE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 8th 2002 this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 43.33 nn V V J J 03/08/2002 L PAUL SOHNSTON Sworn and subscribed to before me this ~3 ~ day of7"yt,a~J So answer i ~ ~~ - ~ ~~/, R. Thomas Kline Sheriff of Cumberland County o"L`(/sip .Z-- AnD . ~p \~in s I / i ~Q J T~` Prothonotary ~ ' SI--IERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 (777) 299-8200 __- - SHERIFF SERVICE PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. ,. Charles Gerow et al 01-4015 civil American Appliance _~Notice &_Ccxnplaint, reinstated SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED. _ American Appliance _ _ _ _ 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp.. State antl ZIP Code) AT 810 Plaza Blvd. Park City Ma11 Lancaster, PA 17601 __ 7. INDICATE UNUSUAL SERVICE: ~ DEPUTIZE ^ OTHER ~t[R'ljerla_ nd _ NOW, February 1 p0 , I, SHERIFF OF COUNTY, PA., do~t,ecel~~•depotize the S er' of T anraG+en- - - County tD execute this 1Ni' ~ a ret n t ere +/ing to law. This deputation being made at the request and risk of the plaintiff. _ __ __ __ ~~ _ 3 H n l7 x H CUMBERLAND COUNTY SHERIFF ~ NOTE ONLY APPLICABLE ON WRIT OF E%ECUTION: N.B. WAIVER OFWATCHMAN -Any deputy sheriff levying upon or attaching any property under H within writ may leave same withouta watchman,in custody of whomeveris(ountl in possession, after notifying person of levy or attachment, without liabilityon f] the part of such deputy or the sheriff to any plaintiff herein (or any loss, destruction or removal of any such property before sheriff's sale thereof. bL 9. SIGNATURE of ATTORNEY or other ORIGINATOR 110. TELEPHONE NUMBER 111. DATE L. PAUL JOHNSTONr JR. 1610-437-5001 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if novice is to be mailedl H SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRIT BEL_O TH~$. LIN__E__ ._ 13.1 acknowledge receipt of thewrit!! NAME of AUthodzetl LCSO DepUry or Clerk 14. Date Receivetl 15. Expiration/Hearing date or complaintas indicated above.( pp7p7g~E WALTON 717-296-3609 JER _ 02-04-2002 03-02-2002 16. 1 hereby CERTIFY and RETURN that I ^ have personally served, ^ have legal evidence of service as shown in "Remarks", ~ have executed as shown in "Remarks",the writ or complaint described on th a intl ivitlual, com pany, corporation, etc., at the address shown above or on the intl ividual, company, cor- - pora~o'h, etc., at the address inserted below by handing a TRUE and A7TESiED COPY thereof. 17. (31 hereby certify antl return a NOT FOUND because 1 am unable to locate the individual, company. corporation. etc.. named above. ISee remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 1g. ^NO Service Sea Remarks Balmy (Na 90) 20.Atldress of where served complete only if ditferent[han shown abov e)(StreetorRFD,ApaRment No.,City,Boro,Twp. 21. Date of Service 22. Time _ State antl Zip Code) _ PM EST EDST 23. ATTEMPTS pate Miles Dep. Int. Date Miles Dap. Int Date Miles Dep. int. Date Miles Dep. int. Date Miles Dep. int. ~2 S qD 24. Atlvance Costs 25. Service Costs 26. Notary Cert. 27. Mileage/P-pstage/ .F. ~ 28. 7G/q~tal Costs 29. COST DUE OR REFUND R 100.00 36-50 . /, ~~ su. ncmnrcna: B.T.A.: - - - - -- - - G~ J2-`1 `~3 3 {-( -aZ SO A'NSIWER~. 31. AFFIRMED and subscribetl to before a this ~~ ////3 /~ 32. Siggnature of 33, Date D ~ DeP. Sheriff .J~~~~~ 34. day of - - 3.. tee` - f~L 37. t. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriffs Office 4. BLUE - Shedff's Office ., _ _ -~ SHEF~IFF'S ®FFICE - .. - 50 NORTH DUKE STREET, P,O. BOX &3480, LANCASTER, PENNSYLVANIA 17008-3480 ~ _(717) 25-9-8200 _ _ ____ - ~__~.._~m.. ~._..-,._,~_..._-.. -.a_ _-.-._-._ - ...T-. _- SHERIFF SERVICE PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT D TAC A COPT St ---- ---- - - ---- - -- 1. PLAINTIFF/Sr - 2 COURT NUMBER .Charles Geraw et al ___ 02-4015 civi_1 ~_ 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT American Appli.anre ~ NOtice_& CcmplainC~ reinstated SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO BE SERVED. ,'kTic*-'iCan A]JF'il1aT1C~? .-.. __ __._>...-,... _...._ _-~......-_ - - - 6. ADDRESS (Street or RFD Apartment No City, Boro Twp State and ZIP Code) AT 810 Plaza Blvd. Park Caty Mall Lancaster; PA 17601 „_ _ _ 7. INDICATE UNUSUAL SERVICE: DEPUTIZE G OTHER- ~lp[j~)eT~] 3r~d__ - __ _ _ _ _,--, - __,.~ t -, _ , _~ _ _ i -~~' Now °`-° '-~-7~' ~ ..20-- "~ ~.I, SHERIFF OF3CAEt COUNTY, PA., do hereby d utize the Sheriff of -. i,annacher ~ _ _ _ _._. u_Oounty-to execute this Wri rn thereof a~~~cor to law This deputation being made at the requesTand risk of the plaintiff. -®-»-s~ ~ as 3 r1 CS C7 H czm;sEaLANn cooNZ7: se~z~r NOTE ONLY APPLICABLE ON WRIT OF EXECU710N: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon orattachin9 any property untler N within writ may leave samewithoutawatchman, in cus[otlyof whomeveris found in possession,af(er notifying person of levyorattachment,without liabili[yon Ci the paR of such deputy or the sheriff to any plaintiff herein for any loss: destruction or removal of awn~such ,pro_,p,,,e,~rtY befpre_sherifi's saw-thereof. _~ _ , _„___, r,-, 9. SIGNATURE of ATTORNEY or other ORIGINATOR _ 110. TELEPHONE NUMBER - 111. DATE -- L_ PAUL JOEINSTON. JR. ~. X10-X337=5C~~':'a=.`~. 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be complet¢d if notice is to be mailed) r, urv~~c aaccvn rvn vac yr .~ ~ r vn - vvyw_~nnr2 c occv • iru _yre~ - _ _ 13. I acknowletlge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 14. Oale Received 15. Expiration/Hearing date orcomplaintas indicated above.( ~;;~y~;7-j~i; tyA j,~j1;)N 717-296-30~! .7~R~-.._.-,_,,,s 02-04~--2002 U3-02-2002 16. I hereby CERTIFY and RETURN that I ^ have personally served, ~ have legal evitlence of service as shown in "Remarks", ^ bave executed as shown in "Remarks",the writ or complaint desc ribetl oh th e_indrvidual, company, corporation, etc., at the address shown abdve5r on the intlivitlual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. .., ~-,_ _ _;,,~-,. , -~ _ ,,..~ ,. 17. Ihereby certify antl return a NOT FOUND because 1 am unable to locate the intlrwtlu_al, compa~ egrporationa tg c.~named abpye,_ (See remarks below) 20. Address of where served (complete only if different than shown above) (S (reet or RFD, Apartment No., City, Boro , Twp. 27. Date of Service 22, Time State and Zlp Coda) _ _ pM EST / EDST 23. ATTEMPTS Date Miles Dep. Inf. Data Miles Dep. int. Date Miles Dep. Int. Date Miles Dep. int. Date Miles Dep Int. --- -- - 24. Advance Costs 25. Service Casts 26 Notary Cert. 27. Mileage/POStage~l.F. ~~• atal Costs 28. 29 COST DUE oa nEFUND ft li~ 100.00 36.50 - -- --- ~ ~_. [ ~~,, ~~, _'_ ~-~~ -1~"~•_..~k..~ - ~ f ~:` ~ ~'Zt= :O su. nemNnrs v.... ~ , „Fa .V~GA%J1 GUI G,~ 8C/5/N' S.T.A.: d•"`~Y - ~ T 31. AFFIRMED and djlbscrlhed Id before'me this ~' rY l-'' ~'l-~ --~'' 'I' '. 34. S~ nature of 20 !~ DeP. S9nenrt ~ `-- 34. day of ~//~ ~ pA ~ ~ \^{ - - - 37. d'~_ E-.~/1'C/f'~ _ /1 -_ ,.. _... - ~!'~~ _ 35. Sign _.. __ ^ NP Service See Remarla BeIPw (Na 3p) ~. .~2-`~ y~ 3.~ . `~Z= -=r MV COMMISSION EXPIRES - - {,,.-'' '-:_ ____-_~ --_ ___--..--'° _ i. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriffs Office 4. BLUE -Sheriff's office I ~ ~ , COMPLAINT -ARBITRATION -ASSESS. DAMAGE HEARING REQUIRED . I LAW OFFICES OF L. PAUL JOHNSTON, JR. c> c BY: L. PAUL JOHNSTON, JR. ~~ _ _ !. 'Attorney for Plaintiffs -c; ~ `.- - j Attorney LD. No.: 68774 ~}~~~ -= 1144 W. Hamilton St. U ~: ~ -~ ~ _~ ~ ~ P.O. Box 1995 ~- `°' - ~.., _~ 1 ; Allentown, Pa 18105-1995 ~ c'~ '~ (610) 437-5001 ~ ;~, =~ j iv ''~= I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I'; CIVIL DIVISION -LAW ; .. CHARLES and ERICA GEROW, 4725 Charles Rd., Mechanicsburg, PA 17055 and NATIONWIDE INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105 Plaintiffs vs. AMERICAN APPLIANCE, 4800 Carlisle Pike, Mechanicsburg, PA 17055 Defendant NOTICE r~ ~-~~ -; ~~-;` , No.: ~/°~lOIS ~~~c~~ 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 aze served, by entering a written appeazance personally or by an 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 that 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 Plaintiff. You may lose money or property or other rights important to 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 (800) 990-9108 -w COMPLAINT -ARBITRATION -ASSESS. DAMAGE HEARING REQUIRED LAW OFFICES OF L. PAUL JOHNSTON, JR. BY: L. PAUL JOHNSTON, JR. Attorney for Plaintiffs Attorney I.D. No.: 68774 1144 W. Hamilton St. P.O. Box 1995 Allentown, Pa 18105-1995 (610} 437-5001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION -LAW CHARLES and ERICA GEROW, 4725 Chazles Rd., Mechanicsburg, PA 17055 and NATIONWIDE INSURANCE COMPANY, P.O. Box 2655, Harrisburg, PA 17105 Plaintiffs vs. AMERICAN APPLIANCE, 4800 Cazlisie Pike, Mechanicsburg, PA 17055 Defendant COMPLAINT No.: AND NOW come the Plaintiffs, by and through their attorney, L. Paul Johnston, Jr., and bring this civil action against the Defendant, American Appliance, upon a cause of action ~; whereof the following is a statement: 1. Plaintiff Charles Gerow is an adult individual residing at 4725 ChazIes Road, i; Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "Plaintiff Charles r Gerow") 2. Plaintiff Erica Gerow is an adult individual residing at 4725 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "Plaintiff Erica Gerow") 3. Plaintiff Nationwide Insurance Company is a corporation, registered with the Pennsylvania Insurance Department to do business in Pennsylvania, providing insurance coverage, with an address of P.O. Box 2655, Hazrisburg, Pennsylvania 17105. (Hereinafter "Plaintiff Nationwide") 4. Defendant American Appliance is believed to be a Pennsylvania business entity, with an address of 4800 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "Defendant Appliance") 5. At all times relevant hereto, Plaintiffs Charles and Erica Gerow were the owners of a residence located at 4725 Chazles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. (Hereinafter "the Gerow residence") 6. Plaintiff Nationwide brings this action as subrogee of Plaintiffs Charles and Erica Gerow pursuant to its right of subrogation as contained in a home owners insurance policy issued to Plaintiffs Charles and Erica Gerow, which covered the Gerow residence, and which, at all times relevant hereto, was in full force and effect. 7. On or about April 13, 2001, Plaintiffs Chazles and Erica Gerow purchased a dishwasher from the American Appliance store located at 4800 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055. 8. On or about April 16, 200i, agents, employees, a.£d!or centractors of Defendant Appliance, in furtherance of their duties to Defendant Appliance, began to install the ~; ', aforementioned dishwasher at the Gerow residence. '~ 9. On or about April 19, 2001, agents, employees, and/or contractors of Defendant j Appliance, in furtherance of their duties to Defendant Appliance, finished installing the aforementioned dishwasher at the Gerow residence. Ii 10. The agents, employees, and/or contractors of Defendant Appliance failed to completely insert the soft tubing into the ninety degree compression fitting, failed to properly secure the tubing and compression fitting with Teflon tape or similar sealer, and failed to properly tighten the compression fitting. 11. As a direct, legal, proximate, and efficient result of the above described actions and/or inactions of the agents, employees, and/or contractors of Defendant Appliance, the dishwasher began to leak. 12. On or about June 29, 2001, Plaintiffs Chazles and Erica Gerow noticed that brown water began to seep through the seam of the linoleum floor in the kitchen of the Gerow residence. 13. As a duect, legal, proximate, and efficient result of the above described actions and/or inactions of the agents, employees, and/or contractors of Defendant Appliance, the Gerow residence and its contents sustained water damage. 14. The incidents set forth and the resulting damages were in no manner caused by any act or failure to act on the Plaintiffs' behalf. 15. Pursuant to the above described policy of insurance, Plaintiff Nationwide compensated Charles and Erica Gerow in the amount of $5,943.72, and Plaintiff Charles and Erica Gerow paid a $250.OG deductiole for a grand total of $6,193.72, to regain and/or replace the parts of the Gerow residence and its contents which sustained water damage. 16. Plaintiff Nationwide is now entitled to the legal, equitable, contractual, and statutory rights of subrogation in the amount of $6,193.72 against Defendant Appliance. 17. Accordingly, Plaintiffs Charles Gerow, Erica Gerow, and Nationwide aze entitled to collect from Defendant Appliance the amount of $6,193.72, plus any losses attributable to the above events that have not as of yet been adjusted by Plaintiffs. ~I ~I ~'~ 18. It is believed and therefore averred that Plaintiffs Gerow suffered additional I unadjusted losses in excess of $10,000.00 due to property damage and depreciation. WHEREFORE, the Plaintiffs Charles Gerow, Erica Gerow, and Nationwide Insurance Company hereby demands of Defendant Appliance a sum in excess of $16,193.72, together with interest and costs and such other further relief as this Court may deem necessary and appropriate. Respectfully submitted by ~' LAW ~O AUL J HNSTON, JR. ii By_ - ~, L PAUL S N ., ESQUIRE Attorn y I.D. Nb:' 68774 1144 W. Hamilton St., P.O. Box 1995 Allentown, PA 18105-1995 (610) 437-5001 4 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, L. PAUL JOHNSTON, JR., ESQUIRE, being duly sworn according to law, depose and state I am the attorney for the Plaintiffs, and that I make this Affidavit on their behalf, and that the facts set forth in the foregoing are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa.R.C,P. 1024 and is based on interviews, conferences, reports, records and other investigatory materials in the file. This verification is executed because the Plaintiffs can not reach Plaintiffs' counsel's office in time for personal execution and this verification can be replaced by one signed by an actual party upon any written request. SWORN TO AND SUBSCRIBED arm t .O. Bo before me thisoYdh day Allentown, PA 18105-1995 of SUil,2 , 2001. (610) 437-5001 Notary Public My Commission Expires: _.. a aas o. ~n weac ~, t, can t ?Ay Gbrxm+Expke~s ~4pr. R5, tU0.:'~tf~ a' 44@ L. PAU JOHNSTON, JR., ESQUIRE Atto I.D. No. 68774 1 W H '1 on St. P x 1995 'ro e '! ~~ ~ x _ _ :• JQ P"'. ! 87 j li ~ . J3 t, ^ iJ ~ ~b Y ... . .+ ~ u~,3~, ~n:~a . ~ r ~ d~ia~M~s ~ ~ '~o ~a~~~o ~. _ .. ~. -c ~