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Home My WebLink About03-5284PULEO & D'EMILIO, LLC PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA 19422 (610) 941-3600 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES AS SUBROGEE OF MICHAEL DAVIS AND LYNN DAVIS P.O. BOX 43360 BIRMINGHAM, AL 35246 VS. EARNEST F. ZlMMERMAN INDIVIDUALLY AND TRADING AS ZlMMERMAN'S PLUMBING AND HEATING, INC. 110 EAST ALLEN STREET MECHANICSBURG. PA 17055 COMMON PLEAS COURT OF CUMBERLAND COUNTY CIVlL ACTION 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 NOT CE 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,, 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, THIS 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 (717) 249-3166 (800) 990-9106 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE 20) DIAS DE PLAZO A PART R DE LA FECHA DE LA DEMANDA Y LA NOTIFICAClON. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O ~=N PERSONA O POR ASOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA, SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION O POR CUALQIER QUEJA O ALIViO QUE ESPEDIDO EN LA PETIClON DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O Si NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIClNA CUYA DIRECCION SE ENCUENTRA ESCRITA ASA JO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 PULEO & D'EMILIO, LLC PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 660 SENTRY PARKVVAY, SUITE 210 BLUE BELL, PA 19422 (610) 941-3600 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES AS SUBROGEE OF MICHAEL DAVIS AND LYNN DAVIS P.O. BOX 43360 BIRMINGHAM, AL 35246 VS. EARNEST F. ZlMMERMAN INDIVIDUALLY AND TRADING AS ZIMMERMAN'S PLUMBING AND HEATING, INC. 110 EAST ALLEN STREET MECHANICSBURG, PA 17055 COMMON PLEAS COURT OF CUMBERLAND COUNTY ClVlL ACTION NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, '15 U,S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMPLAINT The Plaintiff, Shelby Insurance Companies, "Shelby" by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 1. The Plaintiff, Shelby Insurance Companies, (herein "the Insurer") is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at 3760 Birmingham, AL 35243. 2. Plaintiff brings this action as subrogee of Michael Davis and Lynn Davis husband and wife, (herein the "Insured") under a policy of homeowners insurance # HM000639057, issued by Plaintiff. 3. Defendant, Earnest F. Zimmerman is a individual who trades as Zimmerman's Plumbing and Heating, and as a Corporation known as Zimmerman Plumbing and Heating, Inc. and is a business authorized to do business in the Commonwealth of Pennsylvania with its' principal office at 110 East Allen Street, Mechanicsburg, PA 17055. 4. On or about May 5, 2003, Zimmerman's Plumbing and Heating, installed at Plaintiff's Insured a rubber trap in the drain line of the air conditioner unit herein "Trap" at Insured's residence. 5. On or about June 13, 2003, water overflowed from the trap in the drain line of the air conditioner unit onto the floor of the attic, and dripped though the ceiling to the dining room below and caused extensive damage to the Insured's residence and personal property at 6615 Wertzville Road, Enola, PA 17025 6. Plaintiff avers that as a result thereof, the real and personal property of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable costs of repair thereto being is One Thousand Ninety Seven and 87/100 ($1,097.87) Dollars plus the reasonable costs to replace the contents Six Hundred Ten and 00/100 ($610.00) Dollars plus the Insured's deductible of Two Hundred Fifty and 00/100 ($250.00) Dollars for a total of One Thousand Nine Hundred Fifty Seven and 87/100 ($1,957.87) Dollars. Count I - NEGLIGENCE 7. Plaintiff, Shelby Insurance Companies, incorporates all of the allegations contained in paragraphs 1 through 6 inclusive of this Complaint as fully as though same were herein and set forth at length. 8. At all time hereof mentioned Defendant knew, should have known and in the exercise of due care would have known the trap in the drain line was blocked, defective or improperly installed, causing the condensation drip pan to overflow. 2 9. The occurrence referred to above, and damage and loss of Insured's property were the result of negligence, carelessness and/or negligent acts or omissions of Defendant, Zimmerman's Plumbing and Heating their agents, servants, workmen, and/or employees. Said negligence included without limitation are the following: a) Carelessly and negligently failing to provide a safe trap to its customers; b) Carelessly and negligently failing to adequately check and inspect said trap for signs of defects; c) Carelessly and negligently allowed or permitted water to damage insured's property; d) Carelessly and negligently failed to comply with appropriate codes or standards of the County of Cumberland and Commonwealth of Pennsylvania governing care and maintenance of trap; e) Carelessly and negligently failed to propedy maintain and/or install and/or service the trap in the home owned by Insured; f) Carelessly and negligently failed to warn Insured of hazards associated with said trap; g) Carelessly and negligently possessed knowledge that said trap could pose potential damage and still failed to replace or repair the defective trap; h) Failing to recognize any defects with said trap; i) Failing to insure trap was in proper working order; and j) Otherwise failed to use due care under the circumstances. 10. If Insured sustained any damages as alleged, then the cause of those damages was due to the negligence of Defendant, Zimmerman's Plumbing and Heating, which installed the defective trap. COUNT II - BREACH OF WARRANTY 3 11. Plaintiff, Shelby Insurance Company, incorporates all of the allegations contained in paragraphs 1 through 10 inclusive of this Complaint as fully as though same were herein and set forth at length. 12. Defendant, Zimmerman's Plumbing and Heating expressly and impliedly promised, covenant and warranted that their aforesaid trap, its installation and all related components and packaging, would be merchantable, safe, free of hazards and fit for its particular use and purpose, and further expressly and impliedly warranted, promised and covenant that its work and services, as aforesaid would be good and workmanlike, so as to make the aforesaid in the trap fit for the ~articular use and purpose for which it was intended. 13. Insured relied, to its detriment, upon the aforesaid promises, covenants, warranties and other representations of Defendant, Zimmerman's Plumbing and Heating. 14. Defendant, Zimmerman's Plumbing and Heating, by their aforesaid conduct, breached and/or violated the aforesaid expressed and/or implied warranties, promises and covenants, thereby causing damage to Insured, as a result whereof Defendants are liable to Plaintiff, Shelby Insurance Companies, for its damages. 15. Defendants have been given timely notice of their aforesaid breach of warranty. WHEREFORE, Plaintiff demands judgment against the Defendants on each Count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. ~ ~RE ATTORNEY FOR PLAINTIFF 4 VERIFICATION BRENDA SUE KING, SUBROGATION SPECIALIST FOR SHELBY iNSURANCE COMPANIES, PLAINTIFF in the above captioned matter verifies that the facts contained in the foregoing Cornplaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: 5 09~22~2003 03:57 PM 0A5ED 1094 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05284 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHELBY INSUPJ~NCE COMPANIES VS ZIMMERMAN EARNEST F ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZIMMERMAN EARNEST F T/A ZIMMERMANS PLUMBING & HEATING the DEFENDANT , at 1120:00 HOURS, at 110 EAST ALLEN STREET MECHANICSBURG, PA 17055 REBECCA GOODLING, RECEPTIONIST ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE on the 9th day of October , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /5 ~ day of othonotary So Answers: R. Thomas Kline 10110/2003 PULEO & DEMILIO SHERIFF ' S CASE NO: 2003-05284 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHELBY INSURANCE COMPANIES VS ZIMMERMAN EARNEST F ET AL RETURN - REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE ZIMMERMAN EARNEST F DEFENDANT , at 1120:00 HOURS, at 110 EAST ALLEN STREET MECHANICSBURG, PA 17055 Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of October , 2003 by handing to REBECCA GOODLING, RECEPTIONIST FOR BUSINESS, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /L- day of ~_ oLLV3~ A.D. · ~rothonotary !-F ' So Answers: R. Thomas Kline 10/10/2003 PULEO & DEMILIO PULEO & D'EMILIO, LLC PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D.# 16654 660 SENTRY PARKWAY, SUITE 210 BLUE BELL, PA '19422 (610) 941-3600 ATTORNEY FOR PLAINTIFF SHELBY INSURANCE COMPANIES AS SUBROGEE OF MICHAEL DAVIS AND LYNN DAVIS P.O. BOX 43360 BIRMINGHAM, AL 35246 VS. EARNEST F. ZlMMERMAN INDIVIDUALLY AND TRADING AS ZlMMERMAN'S PLUMBING AND HEATING, INC. 110 EAST ALLEN STREET MECHANICSBURG, PA 17055 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 2003-05284 : CIVIL ACTION PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY, C.P.: Mark the above entitled matter DISCONTINUED and ENDED upon payment of your costs only. ~-~t.) ~. F'. O'f:MILIO, ESQUIRE ATTORNEY FOR PLAINTIFF