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Home My WebLink About09-1354?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 STEVE MONTRESOR CUMBERLAND COUNTY 4901 LOUISE DRIVE MECHANCISBURG, PA 17055 NO. - 135 a-wit-lem vs. SEARS, ROEBUCK AND COMPANY 1515 MARKET STREET, SUITE 1210 PHILADELPHIA, PA 19102 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. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene (20) dies de plazo a partir de la fecha de la demands y la not?cacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar on la corte sus defenses o sus objeciones a [as 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 cualgier queja o alivio que espedido en la peticion de demanda. Listed puede perder dinero, sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SLIFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. 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. 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 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 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 ERIE INSURANCE EXCHANGE AS SUBROGEE OF STEVE MONTRESOR 4901 LOUISE DRIVE MECHANCISBURG, PA 17055 VS. SEARS, ROEBUCK AND COMPANY 1515 MARKET STREET, SUITE 1210 PHILADELPHIA. PA 19102 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. cJ qi _ 135V ct?4 7-.- 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, "Erie" by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: The Plaintiff, Erie Insurance Exchange, (Plaintiff) is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an office at 4901 Louise Drive, Mechancisburg, PA 17055. 2. Plaintiff brings this action as subrogee of Steven Montresor (herein the "Insured") under a policy of homeowners insurance issued by Plaintiff. 3. Defendant, Sears, Roebuck and Company "Sears" is a corporation authorized to do business in the Commonwealth of Pennsylvania with its' principal office at 1515 Market Street, Suite 1210, Philadelphia, PA 19102. 4 On or about June 15, 2005, Sears and Roebuck & Company sold Plaintiff's insured a Sears Kenmore Elite Front-Loading Automatic Washer. A true and correct copy of the sale receipt is attached hereto, made part hereof and marked Exhibit "A." 5. On or about August 13, 2007 the Defendant, Sears, Roebuck and Company service technician serviced the Washer. A true and correct copy of the service receipt is attached hereto, made part hereof and marked Exhibit "B." 6. On or about August 16, 2007, Plaintiffs Insured used the washer and discovered water discharging from the back of the washer causing extensive damage to the Insured's residence at 121 Round Ridge Road, Mechanicsburg, PA 17055. 7. Upon inspection it was discovered the washer discharge hose was not inserted into the drain pipe. 8. Plaintiff avers that as a result thereof, the real and personal property of the Insured was damaged, the reasonable costs of repair thereto being is Two Thousand Nine Hundred Fifty One and 07/100 ($2,951.07) Dollars plus the Insured's deductible of Five Hundred and 00/100 ($500.00) Dollars for a total of Three Thousand Four Hundred Fifty One 00/100 ($3,451.07) Dollars. A true and correct copy of the check issued is attached hereto, made part hereof and marked Exhibit "C." Count I - NEGLIGENCE 9. Plaintiff, Erie Insurance Exchange, incorporates all of the allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. 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 the Defendant, Sears, Roebuck and Company their agents, servants, workmen, and/or employees. Said negligence included without limitation are the following: a. failing to adequately check and inspect said washer correctly for signs of 2 defects; b. allowing or permitting water to damage Insured's property; C. failing to ensure discharge hose was properly connected to the discharge pipe; and d. failing to comply with appropriate codes or standards of the County of Cumberland and Commonwealth of Pennsylvania governing installation, care and maintenance of the washer; e. failing to recognize any defects with said washer; and d. failing to insure that the washer was in proper working order. 10. If Insured sustained any damages as alleged, then the cause of those damages was due to the negligence of Defendant Sears, Roebuck and Company, which sold or manufactured the washer. COUNT II - STRICT LIABILITY 11. Plaintiff, Erie Insurance Exchange, 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. 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, Sears, Roebuck and Company their agents, servants, workmen, and/or employees. Said negligence included without limitation are the following: a. manufacturing, designing, selling, distributing packing, labeling and supplying the washer and/or its components which were installed and failed to operate correctly; and b. failing to warn Insured of the defective condition of the washer and/or its component parts. COUNT III - BREACH OF WARRANTY 3 13. Plaintiff, Erie Insurance Exchange, incorporates all of the allegations contained in paragraphs 1 through 12 inclusive of this Complaint as fully as though same were herein and set forth at length. 14. Defendant, Sears, Roebuck and Company expressly and impliedly promised, covenant and warranted that their aforesaid washer, including 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 washer fit for the particular use and purpose for which it was intended. 15. Insured relied, to its detriment, upon the aforesaid promises, covenants, warranties and other representations of Defendant, Sears, Roebuck and Company. 16. Defendant, Sears, Roebuck and Company, 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 Defendant is liable to Plaintiff, Erie Insurance Exchange, for its damages. 17. Defendant has 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 ($50,000.00) dollars together with costs of suit. P MI F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 4 VERIFICATION I, fralle%sO"Olleme a Subrogation Representative with Erie Insurance Exchange, PLAINTIFF in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATE: Subroga ion -Representative WILBE-2008-532 Exhibit "A" • AWTItE Oit_ SEAIS.CM i S PA@O11?T#MttytiFF1:A'. IV THE Ey?I[}iyy.OiTf .. Y?R TR?i1tII(Ri;;itFEC; l?, i?A?'E? ? A tiO I11iERf$i N -POWTS WAIWIDS. IF TIE .:1RIEATER Ems. WE :IS EMK Ttl 00 ................. 1411*T4 T1IDAY'S DATE; YM . IRM TON WILL SE MATED AS 4 NQ IHlfi i .E.TH PAY TRAI 14%, T10 i t Itlk .'R T TA: tt ; iISIOS. OF Ttt T IT MLt?iils? TM (TIOItS;.... 11011 OF: PIZwmK oFfEks- .APPl:Imit.m .or I t!E' ALT RATE. .aa?gWid.m 1 irw .0111.1.q3m M:34 =OR Ali is are: iu r?. W and A Case: 611229 Appended on 1/2/2008 Page 1 of 1 Exhibit "B" 0 i 1 eau RI°#s b Owl: 161; !A NMX.T om=" . .. ?; !Rtsi?i4 Tw n#tiRrt !&iMI: 8tvst f #' It lMu `t m"m !i . , . WOW Tt#cii?lci6n die R dt 1 on t>tl?ouu c6re?t-ek.. IIwt,VwJfit cool um # 2.M low Ldw 1 .0 rhi$ 9ieKrit ft valwml.al#. # ISIN '?[#s lcf Pttt?`ccttti? at lIa Atli a: W and A Case: 611229 Appended on 1/212008 Page 1 of 1 Exhibit "C" 11/06/2007 Claims Management System CSPP032B 14:03 Check Print Page: i Req: WILSON ,J ------------------------------------------------------------------------------- CHECK NO 08791338 CMS NO H791338 DATE 09/07/2007 Pay ONE THOUSAND FIVE HUNDRED SIXTY-ONE AND 70/100 STEVEN M MONTRESOR & FRANCES R MONTRESOR To The AND RESTORECORE Order 650 CLARK AVE of 121 ROUND RIDGE ROAD MECHANICSBURG PA 17055-9216 For PARTIAL PAYMENT DWELLING COVERAGE-- EMERGENCY SERVICES DUE TO WATER Cashed C 10/03/2007 ------------------------------------------------------------------------------- CHECK NO 08791340 CMS NO H791340 DATE 09/07/2007 Pay ONE THOUSAND THREE HUNDRED EIGHTY-NINE AND 37/100 STEVEN M MONTRESOR & FRANCES R MONTRESOR Operator To The 121 ROUND RIDGE ROAD 265SHEFFIRL Order MECHANICSBURG PA 17055-9216 of Claim 010170934386 For PAYMENT OF DWELLING COVERAGE - ACTUAL CASH VALUE WATER DAMAGE LESS DEDUCTIBLE $$$$$$1,389.37 Logs Date 08/16/2007 Tax Id No Cashed C 09/24/2007 ------------------------------------------------------------------------------- CHECK NO 08792485 CMS NO H792485 DATE 09/11/2007 Pay FIFTY AND 00/100 STEVEN M MONTRESOR & FRANCES R MONTRESOR To The 121 ROUND RIDGE ROAD Order MECHANICSBURG PA 17055-9216 of $$$$$$1,561.70 Operator Loss Date 265SHEFFIEL 08/16/2007 Claim Tax Id No 010170934386 2517677750 $$$$$$$$$50.00 Operator Loss Date 265SHEFFIEL 08/16/2007 Claim Tax Id No 010170934386 For PAYMENT OF DWELLING COVERAGE- SUPPLEMENT Cashed WASHING MACHINE PAN C 09/24/2007 C? ?7 G j ? ?.y 1 C7 w_ ? ? 93 5. ?• 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 ERIE INSURANCE EXCHANGE AS SUBROGEE OF STEVE MONTRESOR 4901 LOUISE DRIVE MECHANCISBURG, PA 17055 VS. SEARS, ROEBUCK AND COMPANY 1515 MARKET STREET, SUITE 1210 PHILADELPHIA. PA 19102 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 09-1354 CIVIL Term CIVIL ACTION PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. PAUL F. D'E ILIO, ESQUIRE ATTORNEY FOR PLAINTIFF CJ OF 1 1-"" 2 0 0 9 F i 20 3: 4 0 CUB *10.00 p o ,ATt`Y -,r 17637 Sheriffs Office of Cumberland County R Thomas Kline d.° r1r of C11inbrrI, Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy O'FiC E OF THE SuoQAIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/21/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sears, Roebuck and Company, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 04/27/2009 Dauphin County Return: And now April 27, 20091, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Sears Roebuck and Company by making known unto Sabra Dudding, manager at 116 Pine Street, Suite 320 Harrisburg, Dauphin County, Pennsylvania 17101 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 April 29, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2009-1354 Erie Insurance Exchange VS Sears Roebuck Company r) -r1 0 ii Fri .r - r?1I r.3 Eli < (-) f?tl?'.t of tale ?1?err',{f MaJane Snyder Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ERIE INSURANCE EXCHANGE AS SUBROGEE OF STEVE MONTRESOR VS SEARS ROEBUCK AND COMPANY Sheriff s Return No. 2009-T-1028 OTHER COUNTY NO. 20091354 And now: APRIL 27, 2009 at 10:13:00 AM served the within COMPLAINT upon SEARS ROEBUCK AND COMPANY by personally handing to SABRA DUDDING 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 116 PINE STREET SUITE 320 HARRISBURG PA 17101 MANAGER Sworn and subscribed to before me this 28TH day of April, 2009 A7??? NOTARIAL SEAL F JANE SNYDER, Notary Publi igbspire, Dauphin County mmission Expires Sept 1 2010 So Annsswers,, Sheriff of Daup ' ty, Pa. By Deputy Sheriff Deputy: S REED Sheriffs Costs: $41.25 4/24/2009 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 ERIE INSURANCE EXCHANGE AS SUBROGEE OF STEVE MONTRESOR 4901 LOUISE DRIVE MECHANCISBURG, PA 17055 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF COMMON PILEAS COURT OF CUMBERLAND COUNTY NO. 09-1354 CIVIL Term VS. SEARS, ROEBUCK AND COMPANY 1515 MARKET STREET, SUITE 1210 PHILADELPHIA. PA 19102 CIVIL ACTICIN ORDER TO SETTLE, DISCONTINUE AND ENID TO THE PROTHONOTARY, P.C.: Kindly mark the above entitled matter settled, discontinued and ended upon payment of your cost only. Pau F. D'Emilio, Esquire Attorney for Plaintiff 2~~9 AUG i 7 P~f 3~ 4~