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HomeMy WebLinkAbout07-6048FILE # 10-07-842 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. NO.: 09827 223 NORTH MONROE STREET ATTORNEY FOR PLAINTIFF MEDIA, PA 19063 TELEPHONE: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM FIRE AND CASUALTY IN CIVIL ACTION COMPANY P.O. Box 2371 Bloomington, IL 61702 NO.: d"l - (o 0'{$ iv V. MAYTAG CORPORATION 240 Edwards Street, SE Cleveland, TN 37311 and ALLIANCE LAUNDY SYSTEMS, LLC Shepard Street, P.O. Box 990 Ripon, WI 54971 and INVENSYS SYSTEMS, INC. c/o CT Corporation System 1635 Market Street Philadelphia, PA 19103 and TANGER'S APPLIANCES 1416 Trindle Road, Suite 3A Carlisle, PA 17013 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are further 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 LAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dies de plaza al partir de la fecha de la demands y la notificacion. Hace faita asentar una comparencia escrita o en persona o con on abogado y entregar a la corte en forma sus defensas o sus objectiones a las demandas en contra de so persona. Ses avisado que si usted no se defiende la corte tomara modidas ypuede continuar ila demanda en contra soya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiera que usted cumpia con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedaces u otros derechos importantes para usted. USTED DEBE LLEVAR ESTA AVISO A UN ABOGADO ENESEQUIDA. SI USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE OBTENER AYUDA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 FILE # 10-07-842 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. NO.: 09827 223 NORTH MONROE STREET ATTORNEY FOR PLAINTIFF MEDIA, PA 19063 TELEPHONE: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM FIRE AND CASUALTY IN CIVIL ACTION COMPANY P.O. Box 2371 Bloomington, IL 61702 NO.. V. MAYTAG CORPORATION 240 Edwards Street, SE Cleveland, TN 37311 and ALLIANCE LAUNDY SYSTEMS, LLC Shepard Street, P.O. Box 990 : Ripon, WI 54971 and INVENSYS SYSTEMS, INC. c/o CT Corporation System 1635 Market Street Philadelphia, PA 19103 and TANGER' S APPLIANCES 1416 Trindle Road, Suite 3A : Carlisle, PA 17013 1 COMPLAINT 1. Plaintiff, State Farm Fire and Casualty Company, is an insurance company licensed and authorized to do business in the Commonwealth of Pennsylvania with one of its principal places of business at the above captioned address. 2. On information and belief, Defendant, Maytag Corporation, is a corporation engaged in the business of designing, manufacturing, distributing, and/or selling washing machines and/or washing machine components and is authorized to do business in Pennsylvania, with a principal place of business at the above captioned address. 3. On information and belief, Defendant, Alliance Laundry Systems, LLC, is a corporation engaged in the business of designing, manufacturing, distributing, and/or selling washing machines and/or washing machine components and is authorized to do business in Pennsylvania, with a principal place of business at the above captioned address. 4. On information and belief, Defendant, Invensys Systems, Inc., is a corporation engaged in the business of designing, manufacturing, distributing, and/or selling washing machines and/or washing machine components and is authorized to do business in Pennsylvania, with a principal place of business at the above captioned address. 5. On information and belief, Defendant, Tanger's Appliances, is a corporation engaged in the business of designing, manufacturing, distributing, and/or selling washing machines and/or washing machine components and is authorized to do business in Pennsylvania, with a principal place of business at the above captioned address 4. On October 20, 2005, Plaintiff provided liability insurance to Anthony Barbera, insuring against the risk of loss to the property owned by Mr. Barbera, hereinafter referred to as the insured property. 5. On the aforesaid date, Mr. Barbera owned and operated an Amana washing machine, model number PLWA50AW, serial number R9805020309. On or about that date the washing machine caused a loss to the insured property, specifically the washing machine overflowed and caused damage to the insured's property. 2 6. The washing machine owned by Mr. Barbera was examined by an expert on October 10, 2006, and it was determined that the "fill" valve was defective and was the cause of the water damage to the home. 7. The washing machine owned by Mr. Barbera was manufactured, designed, inspected and/or marketed by the Defendants. 8. The resultant losses and damages sustained by Plaintiff resulted directly and proximately from Defendant's breach of express and/or implied warranties of merchantability or fitness for a particular purpose, and/or negligent conduct which consisted of the following: (a). The Defendants did not have the washing machine adequately, properly and/or timely tested prior to its use; (b). The washing machine was not fit for the ordinary purpose for which the product is customarily used; (c). The Defendants knew or should have known the defective fill valve was likely to cause the washing machine to overflow; (d). The Defendants knew or should have known that the owner of the machine was relying upon the expertise of the Defendants in manufacturing, designing, assembling, leasing, supplying and/or repairing the washing machine. (e). The Defendants expressly or impliedly warranting that the washing machine was safe for use; (f). The Defendants expressly or impliedly misrepresenting that the washing machine was safe for use. (g). The Defendants improperly or negilently designed, manufactured, inspected, distributed, and/or marketed the washing machine. (h). The Defendants failed to adequately recall the washing machine. 9. As a direct and proximate result of the breach of these express and implied warranties, Plaintiff has suffered damages in the amount of $7,380.74. 10. Plaintiff became liable for the damages that arose out of this incident. 11. Pursuant to the principles of equity, the statutory and the common law, Plaintiff is subrogated for all money paid and seeks recovery of a sum totaling $7,380.74. WHEREFORE, Plaintiff demands judgment for $7,380.74 interest and costs of suit. ?C C Stewart C. Crawford, Esq re Attorney for Plaintiff Date: ( f Z?? VERIFICATION The undersigned hereby states that he is an authorized agent of Plaintiff insurance company in this action and verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. _/6IL-7 Date: 1 1 11 2 Stewart C. Crawford, Esqu' Attorney for Plaintiff p ? C. v X_ r ? ? C(P Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com STATE FARM FIRE AND CASUALTY, Plaintiff V. MAYTAG CORPORATION, and ALLIANCE LAUNDRY SYSTEMS, LLC, and INVENSYS SYSTEMS, INC. and TANGER'S APPLIANCES, Defendants Attorneys for Defendant, Tanger's Appliances IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6048 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: Kindly enter my appearance on behalf of Defendant, Tanger's Appliances, in the above- captioned action. Respectfully submitted, Date: 61 Johnson, Duffie, Stewart & Weidner By: e ly aLB on o Attorney I. D. 200811 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 (717) 761-4540 CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe for Entry of Appearance has been duly served upon all counsel of record and parties of interest by placing the same in the United States Mail postage pre-paid on this ay of November, 2007, and addressed as follows: STEWART C. CRAWFORD LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES 223 NORTH MONROE STREET MEDIA, PA 19043 JOHNSON, DUFFIE, STEWART & WEIDNER By: ?2) P ? 0 Ke anno :315039 i r7c_"1 CJ'1 S 14W FILE # 10-07-842 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. NO.: 09827 223 NORTH MONROE STREET ATTORNEY FOR PLAINTIFF MEDIA, PA 19063 TELEPHONE: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW STATE FARM FIRE AND CASCIALTY COMPANY IN CIVIL ACTION NO.: 07-6048 Civil Term V. MAYTAG CORPORATION and ALLIANCE LAUNDY SYSTEMS, LLC and INVENSYS SYSTEMS, INC. c/o CT Corporation System and TANGER'S APPLIANCES CERTIFICATE OF SERVICE I, Stewart C. Crav ford, Attorney for Plaintiff, hereby certify that a true and correct copy of the Civil Action Complaint Liled in the above-entitled action was served upon defendant Alliance Laundy System::.. LLC at the addresses set forth below by certified mail, return receipt requested. Th° return receipt was signed upon delivery on October 29, 2007. A cop,, o th, return rect-pt card is attached hereto. ALLIANCE LAUNDY SYSTEMS, LLC P.O. Box 990 Shepard Street, Ripon, WI 54971-0990 1 DATE li f Stewart C. Crawford Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ALLIANCE LAUNDY SYSTEMS LLC PO BOX 990 SHEPARD STREET RIPON WI 54971-0990 A. Signature X B. Received by (Printed Name) ? Agent ? Addressee C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type J*Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Transfer from service label) 7007 0220 0002 2566 9741 PS Form 3811, February 2004 Domestic Return Receipt ri?i , - -1 ? (Domestic Mail Only: No Insurance Coverage Provi deto r FFICIAL US E y ^ 13 11 U Postage $ Q Q. 1 9 0 Certified Fee U turn Receipt Fee (Endorsement Required) w Post n t Restricted Delivery Fee i R d L J / (Endorsement equ ) re n j rU Total Postage & Fees CCCJJJ / Ll 4' C3 ???JJI ser. ALLIANCE LAUNDY SYSTEMS LLC C3 Nfrr PO BOX 990 N or f SHEPARD STREET ---• ci4 RIPON WI 54971-0990 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse sot t we can return the card to you. 9 Att this card to the back of the mailpiece, or cjh the front if space permits. 1. Artfble Aftiressed to: ALLIANCE LAUNDY SYSTEMS LLC PO BOX 990 102595-02-M-154 r9 117-4 (Domestic Only; I V. rug 5=1 T 1?1 lir Er LrI u9 Postage $ rl.t rll Certified Fee rtl ru ` Postmark 17 C3 Return Receipt Fee n Hare C3 C7 (Endorsement Required) QS . C7 : C7 Restricted Delivery Fee C3 1-3 (Endorsement Required) ru ru rU rU Total Postage & Fees C3 C7 L? ttt???? ?? sec ALLIANCE LAUNDY SYSTEMS LLC C3 o 'sfr"Y PO BOX 990 N N or f SHEPARD STREET --------- C14 RIPON WI 54971-0990 A. Sy ture ?ent X ? Addressee am-) C. Date of Delivery B.ei?V? 10 L1'r! r,,07% 7. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 17 No SHEPARD STREET 3. Service Type RIPON WI 54971-0990 Certified Mall ? Express Mall 2. Article Number (transfer from service IaEreq Y ?t PS form 3$11, February 2004 ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 7007 0220 0002 2566 9741 Domestic Return Receipt 102595-02-M-1540 %10 < FILE # 10-07-842 LAW OFFICE OF STEWART C. CRAWFORD &: ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE, ATTORNEY I.D. NO.: 09827 223 NORTH MONROE STREET ATTORNEY FOR PLAINTIFF MEDIA, PA 19063 TELEPHONE: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS V LVANIA CIVIL AC I"ION - LAW STATE FARM FIRE AND CASUALTY COMPANY IN CIVIL ACTION NO.: 07-6048 Civil Term v. MAYTAG CORPORATION and ALLIANCE LAUNDY SYS! CMS, LLC and INVENSYS SYSTEMS, INC c/o CT Corporation System and TANGER'S APPLIANCES CERTIFICATv-: OF SERVICE CD ''. L:, J I, Stewart C. Crawford, Attorney or Plaintiff, hereby certify that a true and correct copy of the Civil Action Complaint filed in the above-entitled action was served upon defendant Maytag Corporation at the addresses set forth below by certified mail, return receipt requested. The return receipi was signed upon delivery on October 31, 2007. A copy of the return t receipt card is attached hereto. MAYTAG CORPORATION4 240 Edwards Street, Sty Cleveland, TN 37311 l DATE r S ewart C. Crawford Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: MAYTAG CORPORATION 240 EDWARDS ST SE CLEVELAND TN 37311-6035 A. Signature ? Agent X ? Address B. Received by (Printed Name) C. Date of Deliw D. Is delivery address different from item 1? ? Yes if YES, enter delivery address below: ? No 3. Service Type .Certified Mail ? Express Mail ? Registered ? Return Receipt for Marchand ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 0220 0002 2566 9758 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1 r? (Domestic 1 ii No Insurance • •- Provided) For dt,! livery information visit our website at www.usps.com .n"OFFIC AL USE n el -2 .n Postage $ U U Certified Fee r Q P 1 9 0g Pos 1D Return Receipt Fee Here =1 (Endorsement Required) Restricted Delivery Fee co (Endorsement Required) W . 1J L Total Postage & Fees $ l L3 V? send MAYTAG CORPORATION ----------- Sire. 240 EDWARDS ST SE or Pi °--------•- city CLEVELAND TN 37311-6035 cfl `o (Domestic Mail Only; L N Er cr ??? f. ?,,. l Cms= Ln Ln Postage $ ru ru Certified Fee f_I rU r C3 C3 Return Receipt Fee C3, tM (Endorsement Required) r C3 C3 Restricted Delivery Fee r3 . ? (Endorsement Required) rU I'U Rl Total Postage & Fees C3 Cl ?/ LJ r%_ N Sent MAYTAG CORPORATION C3 E 3 °o . s"240 EDWARDS ST SE N r? or Pi city. CLEVELAND TN 37311-6035 I 0 ¦ Complete tte>?is 1, 2, and 3. Also complete A. Sign item 4 if Restricted Delivery is desired. G 9 ¦ Print your name and address on the reverse ? Addressee sot t we can return the card to you. by ( Name) C. Date of Delivery ¦ Atta this card to the back of the mailpiece, or the front if space permits. 1. Ard)e Addressed to: Is delivery address different from item 1? ? Yes H YES, enter delivery address below: ? No MAYTAG CORPORATION 240 EDWARDS ST SE CLEVELAND TN 37311-6035 3. Service Type Certified mail E3 Express mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7007 0220 0002 2566 9758 ?' f r Postmark Here PS Form 3811 FebiuBry 32004 Domestic Return Receipt 102595-02-M-1540 c? ..? ?" n' r ?.? _..., ?- ?; ? --?., °"? a -?-, ;-? c._ c? ? . ?,.?, ": -? ?;a: -? •, ? ?? , t iTr .?: _ ._ by ? aj ?} ;? . Stephanie L. Hersperger, Esquire Email: shersperger@tthlaw.com Attorney I.D • No. 78735 (717) 255-7239 HOMAS,THOMAS 8` HAFER, LLP T 305 North Front Street post &Ice Box 999 17108-0999 Harrisburg, Pennsylvania FAX (717) 237-7105 FIRE AND CASUALTY STATE FARM COMPANY' V. Attorneys for Defendant: ALLIANCE LAUNDRY SYSTEMS, LLC IN THE COURT OF COMMON YLEP'S OF D COUNTY, PENNS?U? CUMBER?? w C AL ACTION TL ERM NO.07-604$ CIVI MAyTAG CORPORATION, CE LAUNDRY SyS a c LLCM ALLIAN INCA IN,VENSyS SyST ACES, TANGER'S ?De endants JURY TRIAL DEMANDED E RY OF AFpF?N pgpiECIPE FOR ENT HONOTY' erger, Esquire, an LC Thomas) TO THE P 'OT Stephanie L. Hersp S stems, L appearance of Alliance Latin . e plead to Plaintiff S please enter the orneys for Defendant, or oth & Hafer, LLP, as attorneys eng our right to answer Thom ti0ned matter, r above-cap Complaint. submitted, KOMAS & I?ER, LLP Respectfully THO'S' T RSPEIZGER' E DIRE BY: STEP IE L. HE -dj Attorney I.D. No. 78735 547595.1 Attorneys for Defend DRY Sys?rEIVIS, LLC ALL?CE LA CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 9 day of November, 2007, on all counsel of record as follows: Stewart C. Crawford, Esquire CRAWFORD & ASSOCIATES 223 North Monroe Street Media, Pennsylvania 19063 Attorneys for Plaintiff Maytag Corporation 24o Edwards Street, SE Cleveland, TN 37311 Defendant, Maytag Corporation INVENSYS SYSTEMS, INC. c/o CT Corporation System 1635 Market Street Philadelphia, Pennsylvania 19103 Defendant, INVENSYS SYSTEMS, Inc. Kelly L. Bonanno, Esquire JOHNSON DUFFIE Post Office Box 109 Lemoyne, Pennsylvania 17043 Defendant, Tanger's Appliances THOMAS, THOMAS & HAFER, LLP jr0i'm .2, zk44 Ste a ie L. Hersperger, Esq it 547592.1 r-`°' _ ??9 C7 M ? ti t "? " ' ?. ? 11 i > P, .41 r f ! ? ry ?r _ r P .,.. -. w+u ^' '^ ..? r SHERIFF'S RETURN - REGULAR CASE NO: 2007-06048 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM FIRE AND CASUALTY VS MAYTAG CORPORATION WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon mr wT/`ITT I n TT1T1T TT TTn L,C the DEFENDANT , at 1350:00 HOURS, on the 19th day of October , 2007 at 1456 TRINDLE RD CARLISLE, PA 17013 MARIE TANGER by handing to 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 4.80 Affidavit .00 Surcharge 10.00 n .00 11/0j/o ` - 32.80 Sworn and Subscibed to before me this day So Answers: r 4,000'. R. Thomas Kline 10/23/2007 STEWART CRAWFORD By: !Dme"ciputy Sheriff of A. D. Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com STATE FARM FIRE AND CASUALTY, Plaintiff V. MAYTAG CORPORATION, and ALLIANCE LAUNDRY SYSTEMS, LLC, and INVENSYS SYSTEMS, INC. and TANGER'S APPLIANCES, Defendants Attorneys for Defendant, Tanger's Appliances IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6048 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT, TANGER'S APPLIANCES, ANSWER TO COMPLAINT WITH NEW MATTER AND CROSSCLAIM 1. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a believe as to the truth of said averment. 2. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a believe as to the truth of said averment. 3. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a believe as to the truth of said averment. 4. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a believe as to the truth of said averment. 5. Admitted in part. Denied in part. The location of Answering Defendant's business and the nature of the business only as it relates to selling washing machines is admitted. However, the remainder of paragraph 5 is denied to the extent that it implies that Answering Defendant engaged in design, manufacture or distribution of washing machines. 6. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a believe as to the truth of said averment and strict proof thereof is demanded at trial. 7. Denied. It is specifically denied that Answering Defendant manufactured, designed, inspected or marketed the washing machine owned by the Plaintiff. 8. Denied. It is specifically denied that any loss suffered by the Plaintiff resulted from any breach of warranty or negligent conduct by the Answering Defendant. a. Denied b. Denied. C. Denied. d. Denied. e. Denied. f. Denied. g. Denied. h. Denied. 9. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a believe as to the truth of said averment and strict proof thereof is demanded at trial. 10. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a believe as to the truth of said averment and strict proof thereof is demanded at trial. 11. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a believe as to the truth of said averment and strict proof thereof is demanded at trial. WHEREFORE, Defendant, Tanger's Appliances, demands that Plaintiffs Complaint against it be dismissed. NEW MATTER 12. The Plaintiffs complaint fails to state a claim upon which relief may be granted. 13. Plaintiffs claims, if any, may be barred by the applicable statute of limitations. 14. Plaintiff's claims, if any, may be barred and/or substantially reduced by the doctrine of assumption of risk, contributory negligence and/or comparative negligence. 15. To the extent that Plaintiff did sustain the loss as alleged, which allegations are specifically denied, then said loss was caused by individuals other than the Answering Defendant and over whom Answering Defendant has no control and/or by circumstances beyond the Answering Defendant's control. 16. To the extent that Plaintiff did sustain the loss as alleged, which allegations are specifically denied, then such loss was caused by products other than those over which Answering Defendant had control. 17. All products produced by Answering Defendant were supplied with adequate warnings, which warnings were ignored by the Plaintiff. 18. Plaintiff failed to adhere to such warnings and restrictions which existed on the subject product. 19. Any damages sustained by the Plaintiff were caused by improper, abnormal, unforeseeable or unintended use of or maintenance with respect to the subject equipment by the Plaintiff and/or by other persons and entities for whom the Answering Defendant is not responsible. 20. If the subject produce or any of its component parts were designed, manufactured or sold by Answering Defendant, then said product was in a substantially different condition at the time of the alleged accident than the condition that existed at the time of sale to the original purchaser. 21. If the alleged product was designed, manufactured or sold in any respect by the Answering Defendant, it alleged that the said product was altered and misused subsequent to its sale and delivery. 22. Plaintiffs alleged damages were caused by unforeseeable abuse or misuse of the product. 23. Answering Defendant gave adequate warning regarding the use of its product. 24. If the alleged product or any of its component parts was designed or manufactured by Answering Defendant then the same were designed or manufactured in compliance with all safety standards known or recommended in the industry at the time of the said manufacture with regard to construction and safety thereof. WHEREFORE, Defendant, Tanger's Appliances, demand the claim against them be dismissed. CROSS CLAIM PURSUANT TO P.A.R.C.P 2252 (D) TANGER'S APPLIANCES v. MAYTAG CORPORATION, ALLIANCE LAUNDRY SYSTEMS, LLC AND INVENSYS SYSTEMS, INC. 25. In the event that Plaintiff was injured as complained of in her Compliant, which is denied, then Plaintiffs injuries were acts or omissions of the Co-Defendants as set forth in the averments of Plaintiff's Complaint and against said Defendants which are incorporated herein for reference only but neither admitted nor denied, except as set forth above. WHEREFORE, Defendant, Tanger's Appliances, demand that the Defendants, Maytag Corporation, Alliance Laundry Systems, LLC and Invensys Systems, Inc., solely liable to Plaintiff that it be found jointly and severally liable or that they be found liable over for contribution and indemnification. Respectfully Submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By: Kelly L. nanno Attorne .D. No. 200811 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043 (717) 761-4540 :315085 VERIFICATION As representative of TANGER'S APPLIANCES, I verify that the statements made in this Answer to Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: TANGER'S APPLIANCES Name: Title: ?'cJ" - CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing Answer to Complaint, New matter and Counterclaim has been duly served upon all counsel of record and parties of interest by placing the same in the United States Mail postage pre- paid on this 0, R day of January, 2008, and addressed as follows: STEWART C. CRAWFORD LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES 223 NORTH MONROE STREET MEDIA, PA 19043 JOHNSON, DUFFIE, STEWART & WEIDNER By: 4Ke L. 14?Znno 315085 CD FILE #10-07-842 LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: STEWART C. CRAWFORD, ESQUIRE ATTORNEY I.D. NO. 09827 223 NORTH MONROE STREET MEDIA, PA 19063 TELEPHONE: (610) 565-7050 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION LAW STATE FARM FIRE & CASUALTY COMPANY IN CIVIL LAW V. MAYTAG CORPORATION, ALLIANCE LAUDRY SYSTEMS, LLC., INVENSYS SYSTEMS, INC. & TANGER'S APPLIANCES ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the record in the above-captioned matter as "Settled, Discontinued and Ended" upon payment of costs. 0 b_ Z."4 ART C. CRAW RD, SQUIRE DATE: ?G/?0? Attorney for State Farm Fire Casualty Company 5 - ? ?. tij t;? ._? _, .. M1 { '? z = V ? ( ? ? V 1?: .