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Home My WebLink About07-7776PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE COMMON PLEAS COURT OF AS SUBROGEE OF KEVIN KESSLER CUMBERLAND COUNTY AND HEIDI KESSLER 3410 W. 12TH STREET Civil ERIE, PA 16505 NO. 01- l q*7(p Civil -firm VS. AQUA PENNSYLVANIA, INC. 762 LANCASTER AVENUE BRYN MAWR, PA 19010 CIVIL 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 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„ 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. AVISO Le han demandado a usted an la corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, usted tiene (20) dias de plazo a partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar an la corte sus defensas o sus objeciones a las demandas encontra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion o por cuaigier queja o alivio que espedido en la peticion 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 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 PAUL F. D-EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR, ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE COMMON PLEAS COURT OF AS SUBROGEE OF KEVIN KESSLER CUMBERLAND COUNTY AND HEIDI KESSLER 3410 W. 12TH STREET ERIE, PA 16505 NO, e,7- 7714 VS. AQUA PENNSYLVANIA, INC. 762 LANCASTER AVENUE BRYN MAWR, PA 19010 CIVIL 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, Erie Insurance Exchange, by its attorney Paul F. D'Emilio, Esquire, bring action upon a cause whereof the following is a statement: 1. The Plaintiff, Erie Insurance Exchange is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at 3410 W. 12th Street, Erie, PA 16505. Plaintiff brings this action as subrogee of Kevin Kessler and Heidi Kessler, (herein the "Insured") under a policy of insurance # Q581906185, issued by Plaintiff. • 2. Defendant, Aqua Pennsylvania, Inc., ("Aqua") is a corporation authorized to do business in the Commonwealth of Pennsylvania with its' principal office at 762 Lancaster Avenue, Bryn Mawr, PA 19010. 3. At all times hereinafter mentioned the Defendant acted though its agent, workmen, servants and employees of the Defendant then and there in engaged in the business of the Defendant within the course and scope of their employment. 4. On or about May 2006, the Defendant advised the Insured that they would be turning off the water to the Insured's residence to install a new fire hydrant. In the process Defendant struck the water line damaging it. 5. On or about May 31, 2006 Defendant repaired the damaged water main and turned on the water to the Insured residence without notice causing the Insured's piping and plumbing systems to be contaminated with unsanitary water containing mud and dirt in solution and causing the water lines to burst in the walls which allowed water to penetrate into and through the Insured's residence located at 616 Spring Lane, Boling Springs, PA 17007 causing the damages hereinafter set forth. 6. Plaintiff avers that the personal property of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable cost to repair the dwelling thereto being is One Thousand Three Hundred Seventy Four and 76/100 ($1,374.76) plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars for a total of One Thousand Eight Hundred Seventy Four 76/100 ($1,874.76) Dollars. A true and correct copy of the check issued which is attached hereto, made part hereof and marked Exhibit 'NA..1 7. The occurrence referred to above, and damage and loss of Insured's vehicle were the result of negligence, carelessness and/or negligent acts or omissions of Defendant, their agents, servants, workmen, and/or employees. Said negligence included without limitation are the following: 2 a. carelessly and negligently failed to warn Insured about shutting off the water; b. carelessly and negligently possessed knowledge that shutting off the water could pose potential damage; C. otherwise failed to use due care under the circumstances; d. carelessly and negligently failed to warn Insured of hazards associated with shutting off and turning on the water; e. carelessly and negligently allowed the water and the Insured' plumbing to be contaminated; f. carelessly and negligently allowed to the water pressure to spike thereby causing the Insured's pipes to burst; 9. carelessly and negligently failed to inform and warn the Insured that the water would be turned on with all of the valves closed; and h. carelessly and negligently failed to allow for a pressure relief device or some other method to insure Insured's pipes would be protected from a pressure surge asociated with rapidly opening the supply valve on the water main. 8. Defendant have been given timely notice of the aforesaid claim. WHEREFORE, Plaintiff demands judgment against the Defendants upon each count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. ul 4EMI , E squire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 3 VERIFICATION -5 laim Representative for Erie In Plaintiff in the above captioned matt r verifies that the facts Insurance Exchange, contained in the foregoing Complaint are true and correct. I 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: -09- C-.) C N C=l 0 . _ rri 1 P? ? cp Sv ' C ? J p ?) C_ur ;- _O rn 1 SHERIFF'S RETURN - OUT OF COUNTY to CASE NO: 2007-07776 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE ET AL VS AQUA PENNSYLVANIA INC R. Thomas Kline , Sheriff or Deput duly sworn according to law, says, that he made a and inquiry for the within named DEFENDANT AQUA PENNSYLVANIA INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 29th , 2008 , this office was in receipt of t attached return from MONTGOMERY Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. homas Kline Dep Montgomery Cc 33.00 Sheriff of Cumbe land County Postage .97 70.97 i/ Rw1?jO9 01/29/2008 PAUL D'EMILIO Sworn and subscribe to before me this day of , y Sheriff who being iligent search and to wit: A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance EXchange p G 0-5y/ vs. Aqua Pennsylvania Inc No. 07-7776 civil Now, January 3, 2008 , I, SHERIFF OF C hereby deputize the Sheriff of Montgomery deputation being made at the request and risk of the Plaintiff. COUNTY, PA, do to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, -f'ThS A 1. ") DAI C ti ,I Nhl W , 200, at d qyS" o'clock M. served the within ?aT upon by handing to r--6 /1 &cy a L?u f d' ai - copy of the original and made known to %r? the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT