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HomeMy WebLinkAbout99-03507 II 0 'Ok o? r?j w s w r A M1? 4.M1? L S ? a. u JS (i -4 rfti 'Ufa. l JAMES R. HABLE, JR, and IN THE COURT OF COMMON PLEAS SUSAN E. HABLE, his wife OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. CIVIL ACTION - LAW MONTGOMERY WARD & NO. ?ll , 35'7 COMPANY, INC. do / 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 of 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 ajudgment 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 LWAYER 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 THE LAW OFFICE OF ROBERT P. REED BY Dated: -a el? Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 (717) 909-6637 Attorney's I.D. No.: 15624 JAMES R. HABLE, JR. and SUSAN E. HABLE, his wife Plaintiffs VS. MONTGOMERY WARD & COMPANY, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 9 9 - 3so 7 T-" - COMPLAINT AND NOW, come the Plaintiffs by their attorney, Robert P. Reed, Esquire, and represent the following: 1. Plaintiffs, James R. Hable, Jr. and Susan E. Hable, his wife, are adult individuals residing at 7132 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Montgomery Ward & Company, Inc., is a foreign corporation authorized to do business in the Commonwealth of Pennsylvania, and having a place of business at the Camp Hill Shopping Center, Route 15, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On or about March, 1995, Plaintiffs purchased from the Defendant an Admiral refrigerator which was then installed at the Plaintiffs' residence by agents, servants or employees of the Defendant. 4. On or about July 26, 1997, a puddle of water appeared on the floor in front of the aforesaid refrigerator, leading the Plaintiffs to call the service department of the Defendant for a home visit. 5. On or about July 26, 1997, agents, servants or employees of the Defendant visited the Plaintiffs' premises and performed certain work, the precise nature of which is unknown to the Plaintiffs but should be contained in the records of the Defendant. 6. For a few days following the visit aforesaid, the repairs effected by the Defendant's agents, servants or employees appeared to fix the leaking problem. However, on August 8, 1997 the problem reappeared and once again the Plaintiffs were forced to contact the service department of the Defendant. 7. On the second visit by the agents, servants or employees of the Defendant, additional repairs or replacements were undertaken including, but not limited to, the replacement of tubing and connectors. Following the work performed the leaking problem did not recur. 8. The leaking originating from the refrigerator, or its fixtures and connections penetrated the parquet kitchen floor of the Plaintiffs, and resulted in warpage and heavage necessitating repairs in the sum of $2,197.17. A repair estimate reflecting said costs is attached hereto as Exhibit A. 9. Defendant is a seller and merchant which regularly sells and distributes Admiral refrigerators and installs them through the services offered by its service department. 10, Plaintiffs were the intended users and consumers of the Admiral refrigerator sold by the Defendant, the hoses and connectors employed by the servicemen and also sold by the Defendant, and the installation services sold by the Defendant. 11. The Admiral refrigerator, or alternatively the connections and hosing by which said refrigerator was installed, were, at the time of their sale and installation, in a defective condition unreasonably dangerous to the property of the Plaintiffs. 12. Alternatively, said refrigerator, connections and hosing were improperly installed by the Defendant's agents, servants or employees, in that they failed to properly connect, fasten, adjust and test the connections as necessary to effect the installation of the refrigerator. 13. The Plaintiffs' damages were in no wise the result of any abuse, misuse, abnormal usage or usage in any unreasonable or unforeseeable manner by the Plaintiffs. 14. The repairs to the refrigerator or its connections were effected by the agents, servants or employees of the Defendant at no charge to the Plaintiffs. COUNTI STRICT LIABILITY 15. The averments contained in paragraphs one through fourteen above are incorporated herein by reference as though set forth at length. 16. The damages sustained by the Plaintiffs were the direct result o£ a. A defect or defects in the refrigerator and or its connecting components permitting water to escape; b. alternatively, the aforesaid refrigerator and its connecting components malfunctioned in ordinary and normal use and in the absence of reasonable secondary causes. WHEREFORE, Plaintiffs demand judgment against the Defendant in the sum of $2,197.17 together with interest from August 8, 1997 and the costs of this action, which sum is less than $25,000 thus requiring referral to compulsory arbitration. COUNT II NEGLIGENCE 17. The averments contained in paragraphs one through sixteen above are incorporated herein by reference as though set forth at length. 18. The Plaintiffs' damages were caused directly by the negligence, recklessness and carelessness of the Defendant, its agents, servants or employees, in that they; a. Failed to properly inspect the refrigerator and its connecting components to assure that the same would perform as intended without causing damage to the Plaintiffs' property; b. failed to use materials suited and sufficient for the proper installation of the aforesaid refrigerator, ultimately substituting copper piping for an original rubber or plastic hose; c. failed to properly install, and adjust the refrigerator and its connecting components so to avoid the escape of water; WHEREFORE, Plaintiffs demand judgment against the Defendant in the sum of $2, 197.17 together with interest from August 8, 1997 and the costs of this action, which sum is less than $25,000, thus requiring referral to compulsory arbitration. COUNT III BREACH OF WARRANTY 19. The averments contained in paragraphs one through eighteen above are incorporated herein by reference as though set forth at length. 20. At the time of the sale of the subject refrigerator and its connecting components, Defendant expressly warranted to the Plaintiffs by advertisements, brochures, packaging, and other sales promotion devices, that the product was free from defects and safe for its intended use. 21. At the time the Plaintiffs purchased the refrigerator and its connecting components Defendant warranted by implication that the products were fit for the ordinary purposes for which goods of that kind and nature are used, and were otherwise of merchantable quality. 22. At the time the refrigerator and its connecting components were purchased by the Plaintiffs the Defendant knew or had reason to know of the particular purpose for which said products were to be used, and warranted by implication that said products were fit for such purposes. 23. Each of the aforesaid warranties were breached by the Defendant in that the refrigerator and its connecting components were defective in each of the respects set forth in the foregoing paragraph. WHEREFORE, Plaintiffs demand judgment against the Defendant in the sum of $2,197.17 together with interest from August 8, 1997 and the costs of this action, which sum is less than $25,000, thus requiring referral to compulsory arbitration. RESPECTFULLY SUBMITTED, Robert P. Reed, Esquire Attorney for Plaintiffs 3461 Market Street Camp Hill, PA 17011 (717) 909-6637 Attorney's I.D. No. 15624 Dated: ?, - EXHIBIT A. Cofiarles Shellenberger 80 Cold Springs Road, Dillsburg, PA 17019 (717) 432.8094 DATE 9L 9- 9> 2/ 3 A Say F w.o.r C- VERIFICATION I, James R. Hable, Jr., hereby swear or affirm that the facts set forth in the foregoing Complaint are true and correct to the best of my information, knowledge and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: June 7 , 1999 C7 O? G. 17) - u r. ink O\` u_ ?\ m C-) N ?O Vo SHERIFF'S RETURN - REGULAR CASE NO: 1999-03507 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HABLE JAMES R JR ET AL VS. MONTGOMERY WARD & CO BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon MONTGOMERY.WARD & COMPANY INC the defendant, at 1656:00 HOURS, on the 11th day of June 1999 at CAMP HILL SHOPPING CENTER ROUTE 15 CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to GENE WORLAY, MANAGER AND ADULT IN CHARGE a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 8.00 R1iomas RTine; 5 eri. ?..3u_ROBERT P. REED 06/14/1999 by 1'i : I , epu y eri Sworn and subscribed to before me this /yr day of `t-- 19 9y A.D. rotnonotr JAMES R. HABLE, JR. and SUSAN E. HABLE, his wife Plaintiffs VS. MONTGOMERY WARD & COMPANY, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3507 CIVIL PRAECIPE FOR DISCONTINUANCE TO: Curt Long, Prothonotary Cumberland County 1 Courthouse Square Carlisle, PA 17013 Discontinue the above matter and mark the Docket accordingly. Dated: /dl? ( 99`( LAW OFFICE OF ROBERT P. REED BY: Robert P. Reed, Esquire 3461 Market Street Camp Hill, PA 17011 717 909-6637 Attorney's I.D. No. 15624 Attorney for Plaintiffs N S W Ulm .. v Con a%