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Home My WebLink About03-2608ERIE INSURANCE EXCHANGE as Subrogee of LEROY MULL IH and LINDA K. MULL, Plaintiffs Vo FORD MOTOR COMPANY Mercury Division Park Lane Towers West Suite 300 Three Park Lane Blvd. Dearborn, MI 48126-2568 Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA PRAEC~PE FOR WRiT O~ SUMMONS Please initiate a Civil Action against Defendant Ford Motor Company. Attorney Brenner will serve the out-of state Defendant by Certified Mail. Writ of Summons shall be issued and forwarded to Atty. Brenner for service upon 'Thom~ E. ~renner, Esq. Thomas E. Brenner, Esquire Goldberg Katmam & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID No. 32085 (717)234-4161 Date: wm~ OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED/.~,I 'rothonotmF Date:~ ERIE INSURANCE EXCHANGE as Subrogee of LEROY MULL III and LINDA K. MULL Plaimiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FORD MOTOR COMPANY Defendant No. 03-2608 AFFIDAVIT OF SERVICE The Writ of Summons was served on June 20, 2003, by Certified Mail, as reflected on the attached Certified Mail Receipt. Date: ~/°~/O~3 97871.1 GOLDBERG, KATZMAN & SHn~MAN, P.C. BY: ~~z._~~. _ Thomas E. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day sen~ing a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Ford Motor Company Mercury Division Park Lane Towers West Suite 300 Three Park Lane Blvd. Dearborn, MI 48126-2568 Date: Thomas E. Brenner, Esq. Jul~ 3, 2003(~) I laml G.D No. 03-2608 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE as Subrogee of LEROY MULL III and LINDA K. MULL, Plaintiff, FORD MOTOR COMPANY, Defendant. CIVIL DIVISION G.D. No. 03-.2608 Issue No. PRAECIPE FOR APPEARANCE Code: Filed on behalf of FORD MOTOR COMPANY Counsel of n~cord for this party: Nancy R. Wmschel, Esq. PA. I.D.//34617 DICKIE, McCAMEY & CHILCOTE, P.C. Firm g067 Two PPG Place, Suite 400 Pittsburgh, I?A 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED Ju~y 3.2tm ~ Im~ G.D. No. 03-2608 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE as Subrogee of LEROY MULL III and LINDA K. MULL, Plaintiff, FORD MOTOR COMPANY, Defendant. TO: CIVIL DIVISION G.D. No. 03-2608 PRAECIPE FOR APPEARANCE PROTHONOTARY Kindly enter my appearance as counsel for the Defendant, Ford Motor Company, in the above captioned matter. DATED: July 3, 2003 DICKIE, McCAMEY & C~,O'~E, P.C. g~ff-~ Win~fi~l, Esquire ~ffrney for Defendant, Ford Motor Company S~WiNSCHN~Ml!LLvFORDkpr~clpe~i,rapp~urancewlxl July3,2~O31~13uanl G.D. No. 03-2608 CERTIFICATE OF SERVICE I, Nancy R. Winschel, Esquire, hereby certify that true and correct copies of the foregoing Praecipe for Appearance have been served this 'x_~ day of July, 2003, by U.S. first-class mail, postage prepaid, to counsel of record listed below: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-,1268 DICKIE, Mc£~MEY & C~E, R. Win~hel, Esquire ~l, fomeys for Ford Motor Company GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire - I.D. No. 32085 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 ~tttorney for Plaintiffg ERIE INSURANCE EXCHANGE as iN THE COURT OF COMMON PLEAS Subrogee of LEROY MULL III and LiNDA K. MULL Plaintiff FORD MOTOR COMPANY : Defendant CUMBERLAND COUNTY, PENNA. No. 03-2608 NOTICE TO DEFEND 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire - I.D. No. 32085 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney.for Plaintiffs ERIE INSURANCE EXCHANGE as IN THE COURT OF COMMON PLEAS Subrogee of LEROY MULL III and LINDA K. MULL Plaintiff FORD MOTOR COMPANY, Defendant CUMBERLAND COUNTY, PENNA. No. 03-2608 COMPLAINT AND NOW, comes the Plaintiff, Erie Insurance Exchange, as subrogee of Leroy Mull, III, and Linda K. Mull, by it attorneys, Goldberg, Katzman & Shipman, P.C., who states: 1. Plaintift} Erie Insurance Exchange, is a business entity authorized to issue policies of automobile insurance in the Commonwealth of Pennsylvania with offices at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Eries insures, Leroy Mull, III, and Linda K. Mull, adult individuals who reside at 25 Oakwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. At all times applicable hereto, the Mulls were the owners of a 1995 Mercury Sable GS manufactured by the Mercury Division of Defendant, Ford Motor Company. 4. Defendant, Ford Motor Company, Mercury Division, is a business entity with an address of at Park Lane Towers West, Suite 300, 3 Park Lane Boulevard, Dearborn, Michigan. This entity does business in the Commonwealth of Pennsylvania, including Cumberland County. 5. Erie insureds, Leroy and Linda Mull, were the owners of a 1995 Mercury Sable GS on June 9, 2001. On that date, as Linda Mull was driving the Mercury vehicle, the cooling fan caught fire and caused damage to the Mercury vehicle. 6. This cooling fan was subject to a safety recalil, No. 97S66, issued subsequent to the manufacture. This recall was unknown to the Mulls at the time of the fire. 7. As a direct result of the fire, the Mercury vehicle sustained damages in the amount of $3,136.55. .COUNT ! Erie Insurance Exchanee v. Ford Motor Company, Mercury Division reference. The averments of Paragraphs Nos. 1 through 7 are incorporated herein by 9. At all times material hereto, Defendant, Ford Motor Company, Mercury Division, was in the business of selling Mercury motor vehicles such as the one sold to the Mulls. 10. Defendant, Ford Motor Company, Mercury Division, expressly warranted that the motor vehicle was of marketable quality and fit for the purpose of use as a motor vehicle. 1 I. Defendant, Ford Motor Company, Mercury Division, expressly warranted to the Mulls that the motor vehicle would not malfunction. 12. As a direct result of the breach of the aforesaid warranties, the Mulls sustained damages to their vehicle, for which a claim was presented to Plaintiff, Erie Insurance Exchange, resulting in the payment of damages as set forth above. WHEREFORE, Plaintiff, Erie Insurance Exchange, demands .judgment against Defendant, Ford Motor Company, in the amount of $3,136.55, together with interest and costs of suit. 3 COUNT I1 reference. 14. E~rie Insurance Exchange v. Ford Motor Compan~ 13. The averments of Paragraphs Nos. 1 through 12 are incorporated herein by Defendant, Ford Motor Company, Mercury Division, designed, manufactured, assembled and/or sold the car in a defective condition, unreasonably dangerous to users and consumers, including the Mulls. 15. The aforesaid car was expected to reach the Mulls in substantially the same condition as when it left the Ford Motor Company, Mercury Division. 16. The aforesaid car was defective in that the cooling fan system was defective and/or malfunctioned, causing a fire to start in the engine compartment. 17. As a direct result of the aforesaid defect and the failure of Ford Motor Company, Mercury Division, to warn of the potential defect, the Mulls sustained the damages as set forth above, for which a claim was submitted to Erie Insurance Exchange. 18. In the alternative, Ford Motor Company, Mercury Division, by its agents, was negligent in the manufacture of the motor vehicle in that they failed to: (a) Properly test the cooling fan system; and (b) Failed to detect the defect in the cooling fan system. 4 19. As a direct result of the negligence of Defendant, Ford Motor Company, Mercury Division, the Mulls sustained the damages set forth above and made claim to Plaintiff, Erie Insurance Exchange, resulting in the payment for damages as set forth above. WHEREFORE, Plaintiff, Erie Insurance Exchantge, demands .judgment against Defendant, Ford Motor Company, in the amount of $3,136.55, together with interest and costs of suit. Date: [~[5/~)~ 100510.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY:__ Thomas E. Brenner, Esquire -- Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for PlaintiffErie Insurance Exchange. VERIFICATION I,~~\ ~,(~, hereby acknowledge that Erie Insurance Exchange is the Plaintiff in this action and I am authorized to make ~Ihis verification on its behalf; that I have read the foregoing and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 100519 _CERTIFICATE OF SERVICE_ I HEREBY CERTIFY that I am this day serving a copy of the fbregoing document upon the persons(s) and in the manner indicated below, Which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, witlh first class postage, prepaid, as follows: Nancy R. Winschel, Esq. Dickie, McCamey & Chilcote, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Date: ner, Esqmre EP, JE INSURANCE EXCHANGE as Subrogee of LEROYMULL, III and LINDA K. MULL, Plaintiffs FORD MOTOR COMPANY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-2608 : CIVIL DMSION PRAECIPE TO THE PROTHONOTARY Please mark this action discontinued of record. GOLDBERG, KATZMAN & SHIPMAN, P.C. By:~~ Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs Date: November 21, 2003 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the'foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pemasylvani~, with first class postage, prepaid, as follows: Lisa M. Tumolo, Esquire Dickie, McCamey & Chilcote, P.C. 2 PPG Place, Suite 400 Pittsburgh, PA 15122-5402 Date: November 20, 2003 By: GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas r, Es uire : q 103240.1