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Home My WebLink About10-0702SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY I.D. NO. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 TAMMY POMMER 1635 Old Leechburg Road New Kensington, PA 15068 V. HOLMES PRODUCTS CORP. 1 Holmes Boulevard Milford, MA 01757 Attorney for Plaintiff n - c ?a co Ems.- :. COURT OF COMMON PLEASE r- CUMBERLAND COUNTY `WNO.: lo- rl Oa l.;tVI l-rel-M 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 the 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court of Common Pleas Cumberland County 1 Court House Square Carlisle, Pennsylvania 17013 717-240-6200 M ;- l l AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court of Common Pleas Cumberland County 1 Court House Square Carlisle, Pennsylvania 17013 717-240-6200 $ga.co Pp A-" C0 I'mcv SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY I.D. NO. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 TAMMY POMMER 1635 Old Leechburg Road New Kensington, PA 15068 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. HOLMES PRODUCTS CORP. 1 Holmes Boulevard Milford, MA 01757 NO.. CIVIL ACTION COMPLAINT COUNTI TAMMY POMMER VS. HOLMES PRODUCTS CORP. 1. Plaintiff is an individual residing at the above address. 2. Defendant, Holmes Products Corp. (hereinafter referred to as "Holmes"), is a corporation engaged in the manufacture, sale and distribution of products including space heaters with an office at the above stated address. 3. Defendant, Holmes did manufacture, sell and/or distribute a certain space heater through Target Department Stores. 4. The Plaintiffpurchased a space heater, model number HCH4166TPK, manufactured and distributed by Defendant from Target Department Store. 5. The heater was sold to the Plaintiff and did reach the Plaintiff without a substantial change in the condition in which it was sold. 6. At the time of sale the heater was defective to the user by reason of one or more of the following defects and designs in manufacture: a. Failing to provide proper materials and component parts when manufacturing the heater. b. Failure to provide adequate warnings, cautions or instruction on said heater; C. Failure to make reasonable inspections to discover defects in said heater; d. Failure to discover the aforesaid defects; e. Failure to design the aforesaid heater in a safe condition; f. Failure to provide safe component parts for the heater. 7. On or about March 22, 2008, as a direct result of the defective design and manufacture of said heater a fire was caused to occur at Plaintiff's property causing the damages to the Plaintiff's property. WHEREFORE, Plaintiff Tammy Pommer, demands judgment against Defendant, Holmes Products Corp., in the sum of $33,759.80 together with interest from March 22, 2008 and costs of suit. COUNT II TAMMY POMMER VS. HOLMES PRODUCTS CORP. 8. Plaintiff incorporates by reference Paragraphs 1 through 7 as though each and every allegation were set forth fully at length. 9. Plaintiffs aforesaid damages are a direct result of the negligence and carelessness of the Defendant consisting of, but not limited to, the following: a. Failure to issue proper warnings of a dangerous condition; b. Failure to use due care in inspecting the aforesaid heater; C. Failure to properly and adequately design and manufacture said heater in that said heater incorporated inferior materials and component parts; d. Failure to use due care in having adequate materials and component parts in Defendant's heater; e. Failure to use due care in and investigation of technological developments at the time of the manufacture of said heater; and f. Failure to discover and warn users of the dangers inherent in the design and manufacture in said'heater. 10. As a result of the aforesaid negligence, Plaintiff sustained damages set forth in Count I hereof. WHEREFORE, Plaintiff Tammy Pommer, demands judgment against Defendant, Holmes Products Corp., in the sum of $33,759.80 together with interest from March 22, 2008 and costs of suit. COUNT III TAMMY POMMER VS. HOLMES PRODUCTS CORP. 11. Plaintiff incorporates by reference Paragraphs 1 through 10 as though each and every allegation were set forth fully at length. 12. Defendant, Holmes, was the manufacturer, seller and/or distributor of the heater in question. 13. Defendant breached the implied warranty of merchantability and implied warranty of fitness for a particular purpose arising from the sale of said heater in that: a. Said heater would not pass without objection in the trade and was not fit for the ordinary purposes for which said is used. b. Defendant knew the purposes for which the heater was required, knew that the buyer was relying on the Defendant's skill and judgment to furnish a suitable heater, and said heater was unsafe and not fit for the purpose for which it was sold. 14. As a direct result of Defendant's breach of implied warranties, Plaintiff suffered damages as set forth more fully in Count I, which is incorporated by reference herein as though set forth more fully at length. WHEREFORE, Plaintiff Tammy Pommer, demands judgment against Defendant, Holmes Products Corp., in the sum of $33,759.80 together with interest from March 22, 2008 and costs of suit. SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE Attorney for Plaintiff VERIFICATION I, Tammy Pommer, hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. POMMER SANDLER &. MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE Attorney I.D. No. 15711 1500 Walnut Street, Suite 2020 Philadelphia, PA 19102 (215) 568-9300 TAMMY POMMER V. HOLMES PRODUCTS CORP Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 10-702 Civil Term PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the case SETTLED, DISCONTINUED and ENDED in the above matter. SANDLER & MARCHESINI, P.C. r' to BY: Dated: PAUL N. SANDLER, ESQUIRE Attorney for Plaintiff c? - m U:, ; C: ti r y ? IV