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Home My WebLink About04-2154KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Identification No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Esquire Attorney for Plaintiff(s) ALLSTATE INSURANCE COMPANY, SUBROGEE OF BARBARA WILLIAMSON 3800 Electric Road Roanoke, VA 24018 COURT OF COMMON PLEAS OF CUI4BERLAND COUNTY, PA VS. SEARS, ROEBUCK AND COMPANY, The Corporation Company 30600 Telegraph Road Bingham Farms, MI 48025 CIVIL ACTION AT LAW CIVIL ACTION COMPLAINT "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 rec/uested 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 este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona c con un abogado y entregar a la corte en forms escrita sus defensas o sus objeciones a las demandas en contra de su Dersona. Sea avisadc que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contrs suya sin previo aviso o notification. Ademas, la corte puede decidir a favor dei demandante ~ rec/uiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perdez dinero o sus propiedades u ostros derechos importantes para usted. IF YOU CA/~NOT 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. "LLEVE ESTA DEMANDA A UN ABOGADf IM/~EDIATAMENTE. SI NO TIENE ABOGADO O SI NC TIENE EL DINERO SUFICIENTE DE PAGAR TAI SERVICIO, VAYA EN PERSONA O LLAME POR TELEFON£ A LA OFIICINA CUYA DIRECCION SE ENCUENTRA ESRIT; ABAJO PARA AVERIGUAR DON-DE SE PUEDE CONSEGUIF ASISTENCIA LEGAL." Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 Esquire Attorney for Plaintiff(s) ALLSTATE INSURANCE COMPANY, SUBROGEE OF BARBARA WILLIAMSON 3800 Electric Road Roanoke, VA 24018 COMMON PLEAS COURT OF CUMBERLAND COUNTY, PA SEARS, ROEBUCK AND COMPANY, The Corporation Company 30600 Telegraph Road Bingham Farms, MI 48025 CIVIL ACTION AT LAW Nol CIVIL ACTION above. Plaintiff is a corporation with an address as set forth 2. Defendant is a corporation/individual with an address as set forth above. 3. On or about 2/20/03, due carelessness and breach of contract, damages in the amount of $3,392.09. hereof and marked Exhibit "A" is plaintiff's proof of liability. to defendant's negligence, plaintiff's insured sustained Attached hereto, made a part a true and correct copy of 4. Although demand has been made, defendant has failed and refused to compensate plaintiff. WHEREFORE, plaintiff claims of the defendant(s) the sum of $3,392.09 plus interest in the amount of $197.88, for a total of $3,589.97 plus court costs, all of which are justly due and owing from the defendant(s) to the plaintiff. KRAFT & KRAFT, P.C. erwony, Esquire Attorney for Plaintiff CLAIM INFORMATION C, LAT.~ANT I TNFQRHATION .\ ADORES$ CLAZN 1TEMIZAI'ION DOCUMENTS ATTACHED 8~P'P F*AYCAJT $~ '~'L~ ~') 0 {i ACC~DFNT REPORT y ~ ~P=!ON f'AYOUT $ REPAIR ESllMA~_S y OEOUCmLE(S) $~0C:. ¢,0 c.~c~ coev ¥ OTHER: $ HISC. BILLS/ZNFO y U~S PAYMENI~/SALVAGE $ HED[CN. B[LLS/INFO y T~m. TO ,zcow~ *~:,C72, Oq OT.~R ~ N N ' N/A N N/A a N N/A N N/A CIA.TH [I'I~MZZA'I'ZON ** IFTHIS CLAIM WAS SUBMtl I~D TO DEHAND PROGRAM PREVZOUSLY, PLEASE [NDXCATE OUR FZLE NUMBER: vA- ftc_ ! AUTHORIZE C8C NAT[ONAL~ INC. TO AITEMPT RECOVERY ON OUR BEHALFJZN ACCORDkNCE WTTH THE TERMS AND CION~Z11ON$ OII THE REVEB~E SIDE OF TH~S FORM. DATED: VERIFICATION tf~ I, the~ undersigned, in my capacity as of f-~J~ ~----~-~ , Plaintiff here[n, certify ~at the facts set for~ in the foregoing Complaint are true and correct to ~e best of my knowledge or info.at,on and belief. I make Verification subject to ~e penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsif~cation to authorities, which provides ~at ~f ~ knowingly make false etatemente, I may be s~ject to ~[minal penalties. Print or T~b Name KR3%FT & KRAFT, P.C. BY: Robert E. Cherwony, Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 Esquire Attorney for Plaintiff ALLSTATE INSURANCE COMPANY, SUBROGEE OF BARBARA WILLIAMSON SEARS, ROEBUCK AND COMPANY, The Corporation Company 30600 Telegraph Road Bingham Farms, MI 48025 NO. CO~T OF COMMON PLEAS OF CUR~ERLAND COUNTY, PA CIVIL ACTION AT LAW 04-2154 subject to the penalties of Pa. C.S. 4904 relating to unsworn Ro-~t E.~herwony, Esquire Attorney for Plaintiff Date return receipt requested. marked Exhibit "A" is a receipt. The foregoing statement is made the Pennsylvania Crime Code 18 falsification to authorities. Attached hereto, made a part hereof and true and correct copy of the return VERIFICATION OF SERVICE The undersigned hereby certifies that he is attorney for the Plaintiff in the above-captioned matter; that on 6/25/04 he served SEARS, ROEBUCK & COMPANY, at 30600 Telegraph Road, Binghaln Farms, MI 48025 copy of the Lawsuit in the above matter by certified mail, · Complete items 1, 2, and 3. Aisc 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 mailpiecs, or on the front if space permits. 1. Article Addressed to: A. Received by (Please Pdnt Clearly) Date of Delivery D, Is delivery addless different from item 1 ? [] Yes ¢ If YES, enter delivery address below: [] No 3. Service Type ~'Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from sen/ice label) PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 ]NOTICE TO pLEAD TO plaintiff ...... -- -- You are h,:reby notified to ~!~ a ~tt~a response entered al, - LAVIN) O~NEIL) RICCI) CE.DRONE AND DISIPIO By: Robert L. Sanzo, Esquire Identification No.: 70587 190 North Independence Mall West Suite 500 Philadelphia, PA 19106 215-637-0303 ALLSTATE INSURANCE COMPANY : AS SUBROGEE OF BARBARA WILLIAMSON : VS. SEARS, ROEBUCK AND COMPANY Attorneys for Defendants, Sears, Roebuck and Co., (improperly designed as Sears, Roebuck and Company) COURT OF COMMON PLEAS CUMBERLAND COUNTY NC).: 04-2154 ANSWER WITH NEW MATTER OF DEFENDANT, SEARS, ROEBUCK AND CO. (IMPROPERLY DESIGNATED AS SEARS, ROEBUCK AND COMPANY) TO COMPLAINT OF pLAINTIFF, ALLSTATE INSURANCE COMPANY SUBROGEE OF B _ARBARA WILLIAMSON- 1. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph (1) of plaintiff's Complaint. Therefore, those averments are denied. 2. Denied. Answering defendant's headquarters is located at 3333 Beverly Boulevard, Hoffman Estates, Illinois. It is admitted that answering defendant is a corporation. 3. Denied. The averments of paragraph (3) of plaintiff's Complaint constitute conclusions of law and other argumentative allegations denied by the operation of Pennsylvania Rule of Civil Procedure 1029. To the extent that the averments of paragraph (3) are deemed factual in nature, said averments are denied. 4. Denied. The averments of paragraph (4) of plaintiff's Complaint constitute conclusions of law and other argumentative allegations denied by the operation of Pennsylvania Rule of Civil Procedure 1029. To the extent that the averments of paragraph (4) are deemed factual in nature, said averments are denied. WHEREFORE, answering defendant, Sears, Roebuck and Co., requests entry of judgment in its favor and against plaintiff, Allstate Insurance Company, Subrogee of Barbara Williamson. NEW MATTER 5. The injuries and/or damages allegedly sustained by plaintiff, if any, are due solely to the negligent acts and/or omissions and/or breach of contract o f individuals and/or entities other than answering defendant. 6. The negligent acts and/or omissions and/or breach of contract of other individuals and/or entities may have constituted an intervening, superseding ,cause of the injuries and/or damages allegedly sustained by plaintiff. 7. The product to which the Complaint impliedly refers, including all parts and materials used in installation, may have been substantially altered after leaving answering defendant's possession and control. 8. Plaintiff and/or other parties may have misused the subject product allegedly involved. 9. Plaintiff's own actions may be the proximate cause of any damages as alleged in the complaint. 10. No act or omission of answering defendant was a proximate cause, or cause in fact of any alleged loss, injuries or damages allegedly incurred by plaintiff. 11. Plaintiff may have failed to properly notify answering defendant of any alleged defects in a timely fashion. 12. Plaintiff's claims may be barred, in whole or in part, by the applicable statutes of limitation. 13. Plaintiff' s cause of action may be barred by the fai]ture to preserve the subject product and/or any parts alleged to be defective and the cause of the alleged injuries, resulting in spoliation of evidence and irreparable harm to answering defendant. 14. Plaintiff may have failed to take steps to mitigate damages. 15. Plaintiff may have assumed the risk of incurring the damages as alleged. 16. plaintiff may have been contributorily and/or comparatively negligent, and therefore, the injuries and damages owed plaintiffs, if any, are liraited by the Pennsylvania Comparative Negligence Act and/or Pennsylvania Joint Tortfeasors Act. 17. Plaintiff's complaint fails to state a claim against answering defendant. WHEREFORE, defendant, Sears, Roebuck and Co. requests entry of judgment in its favor, and against plaintiff, Allstate Insurance Company, Subrogee of Barbara Williamson. LAVIN~ O~NEIL~ R1CCI~ CEDRONE AND OlS1PIO BY: St UmE Attorneys for Defendant, Sears, Roebuck and Co. Date J//~///~' ~ 808609 3 CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the foregoing, Answer with New Matter of Defendant, Sears, Roebuck and Co., to Complaint of Plaintiff Allstate Insurance Company, Subrogee of Barbara Williamson, was forwarded to the below listed counsel by First Class mail, postage pre-paid, on the date indicated below. Robert Cherwony, Esquire Kraft & Kraft, P.C. 1311 Spruce Street Philadelphia, PA 19107 LAV1N, O'NEIL, I~-.~CI~ED'RONE AND DISIP10 BY: :// Attorney~for Defandant, Sears, Roebuck and Co. STATE OF ILLINOIS § COUNTY OF COOK § April Hanes-Dowd, being duly sworn, states that she is a Corporate Secretary and an authorized agent for the purpose of executing this docurnent on behalf of Seam, Roebuck and Co.; that she has read the foregoing ANSWER WITH NEW MATTER OF DEFENDANT SEARS, ROEBUCK AND CO. (IMPROPERLY DESIGNATED AS SEARS, ROEBUCK AND COMPANY) TO COMPLAINT C)F PLAINTIFF, ALLSTATE INSURANCE COMPANY, SUBROGEE OF BARBARA WILLIAMSON and know its contents, the statements and information made herein have been collected and made available to her by counsel and employees of Seam, Roebuck and Co.; that the information contained herein is true and correct to the best of her knowledge and belief and the document is, therefore, verified on behalf of Seam, Roebuck and Co. SUBS.,CRIBED ,~,ND SWORN to I;)efore by the said April Ha~nes-Dowd on this ~-'day of .~/.,~f~.~._/~. ,20 0~'/', to certify which witness my hand and seal of office. Notary Public in and for the State of Illinois KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Attorney No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215)546-5100 Esquire Attorney for Plaintiff ALLSTATE INSURANCE COMPANY, SUBROGEE OF BARBARA WILLIAMSON 3800 Electric Road Roanoke, VA 24018 SEARS, ROEBUCK AND COMPANY, The Corporation Company 30600 Telegraph Road Bingham Farms, MI 48025 COURT OF COMMON PLEAS OF CLTMBERLAND COUNTY, PA CIVZ[L ACTION AT LAW 5.-6. Denied. The allegations contained in these paragraphs are conclusions of law to which no responses are required, pursuant to the Pennsylvania Rules of Civil Procedure, and which are therefore deemed denied. 7. Denied. On the contrary, there was no alteration. 8. Denied. On the contrary, there was no misuse. 9.-10. Denied. The allegations contained in these paragraphs are conclusions of law to which n.o responses are required, pursuant to the Pennsylvania Rules of Civil Procedure, and which are therefore deemed denied. 11. Denied. On the contrary, defendant was properly notified. 12.-17. Denied. The allegations contained in these paragraphs are conclusions of law to which no responses are required, pursuant to the Pennsylvania Rules of Civil Procedure, and which are therefore deemed denied. WHEREFORE, plaintiff requests judgTaent in its favor plus costs. Dated- KRAF T, . C. err E Cherwony, Esquire Atterney for Plaintiff VERIFICATION Robert E. Cherwony, Esquire hereby states that he is the Attorney for Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Roman Bard, and Terri Bard, Plaintiffs Vs. Daniel L. Rhinehart, Defendant Civil Action - Law No. 04-2329 Civil Term AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA : : SS COUNTY OF FRANKLIN : Barbara B. Townsend, being duly sworn according to law deposes and says that she served a true and correct copy of the Notice to Plead upon Wayne Shade, Esquire, by regular mail on August 5, 2004, from the United States Post Office in Chambersburg, Pennsylvania. Barbara lB. -I'~wnsend Notary Public RENEE D. BRENEMA~ NOTARY PUBLIC~ CHAM~ERSBURG BOROUG,- ~;~UN~OF F~IN~ COMMISSION ~PIRE8 JUNE g, 2~7 I LAVIN, COLEMAN~ RICCI~ CEDRONE & D1SIPIO BY: Robert L. Sanzo, Esquire Arty I.D. No.: 70587 190 North Independence Mall West Suite 500 Philadelphia, PA 19106 (215) 627-0303 ALLSTATE INSURANCE COMPANY, Subrogee of BARBARA WILLIAMSON Plaintiff, V. SEARS, ROEBUCK and CO. Defendant. Attorney for Defendant, Sears, Roebuck and Co. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.04-2154 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant, Sears, Roebuck and Co. in connection with the above-captioned matter. Dated: LAVIN, O'NEIL~ RICCI, CEDRONE & DISIPIO BY: ' ~' ECKERT~ SEAMANS~ CHER1N AND MELLOTT~ P.C. BY: Robert L. Sanzo, Esquire AttyLD. No.: 70587 1515 Market Street 9th Floor Philadelphia, PA 19102 (215) 851-8400 ALLSTATE INSURANCE COMPANY, Subrogee of BARBARA WILLIAMSON Plaintiff, V. SEARS, ROEBUCK and CO. Defendant. Attorney for Defendant, Sears, Roebuck and Co. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.04-2154 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Sears, Roebuck and Co. in connection with the above-captioned matter. Dated:_ ¢/~/~ KRAFT & KRAFT, PC By: Robert E. Cherwony, Esquire Attorney I.D. No. 1311 Spruce Street Philadelphia, PA 19107 215-546-5100 At~:omey for Plaintiff ALLSTATE iNSURANCE COMPANY, SUBROGEE OF BARBARA WILLIAMSON, Vo SEARS, ROEBUCK AND CO., Plaintiff Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY 04-2154 PRAECIPE TO SETTLE~ DISCONTINUE AND END WITH PREJUDICE TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontiTed and ended with prejudice. & PC By: ~! Robert E. C~f~m,y.~Esquire Att°leY f°r Plaintiff~.._