HomeMy WebLinkAbout10-2416
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE, ) CIVIL DIVISION, ARBITRATION
subrogee of PAUL V. WEAVER, JR., ) AND STATUTORY APPEALS ONLY
NO.: /O
Plaintiff, )
ISSUE NO.
VS. ) TYPE OF PLEADING: Complaint
in Civil Action
THE HOME DEPOT, INC., )
CODE:
Defendant. )
FILED ON BEHALF OF: Plaintiff,
Erie Insurance Exchange, subrogee of
Paul V. Weaver, Jr.
COUNSEL OF RECORD FOR THIS
PARTY:
Reed J. Davis
Pa. I.D. #00501
rjdL,dda c.com
Reed James Davis
Pa. I.D. #64343
DAVIS DAVIS ATTORNEYS
a professional corporation
393 Vanadium Road, Suite 300 O
Pittsburgh, PA 15243
FADOCS\2115 1\100094\10040501.COM lad ) 412-489-1400 P9,2,04 7L
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?-14? Y6 3yj
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
CIVIL DIVISION, ARBITRATION AND
STATUTORY APPEALS ONLY
Plaintiff
vs.
THE HOME DEPOT, INC.,
Defendant.
No..
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 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 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.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
CIVIL DIVISION, ARBITRATION AND
STATUTORY APPEALS ONLY
Plaintiff
vs.
THE HOME DEPOT, INC.,
Defendant.
No..
COMPLAINT IN CIVIL ACTION
AND NOW comes the Plaintiff, Erie Insurance Exchange, subrogee of Paul V. Weaver, Jr.,
by and through its counsel, Davis Davis Attorneys, a professional corporation, and Reed J. Davis,
Esquire, and makes this Complaint against the named Defendant as follows:
1. Plaintiff is a corporation duly authorized to do business in the Commonwealth of
Pennsylvania and has and maintains one of its offices at 307 South Sporting Hill Road, Mechanicsburg,
Pennsylvania 17050-9338; hereinafter "Erie."
2. Paul V. Weaver, Jr. is an individual and owner of property located at 366 Martingale
Drive, Camp Hill, Pennsylvania 17011, hereinafter referred to as "Weaver."
3. The Defendant The Home Depot, Inc. is a company engaged in the retail and wholesale
sale of home supplies, equipment, building materials, kitchen appliances and the like to contractors and
the general public with one of its stores (number 4120) located at 6000 Carlisle Pike, Mechanicsburg,
Pennsylvania 17050; hereinafter referred to as "Defendant."
4. At all times relevant to the within action, Weaver maintained insurance coverage on the
property located at 366 Martingale Drive, Camp Hill, Pennsylvania 17011, with Plaintiff.
On or about July 28, 2008, Weaver purchased a refrigerator from Defendant, which
was delivered and installed by the Defendant's agents, servants and employees on or about August 23,
2008. See Exhibit "A," attached hereto and made a part hereof
6. The installation of the refrigerator, which contained an ice maker and required the
installation of a water supply was defective and improper due to over tightening of the compression nut
on the ice maker valve causing water to leak from the line and damage the wooden floor, cabinets and
other property of Weaver located at 366 Martingale Drive, Camp Hill, Pennsylvania 17011. See
Exhibit "B," attached hereto and made a part hereof.
7. Shortly after the installation, Weaver went on a short vacation returning September 5,
2008, at which time he discovered the water flowing from the refrigerator connection and onto the floor
and cabinets, causing substantial damage to the premises.
8. The aforesaid damage was caused solely by the Defendant through its agents, servants
and employees negligent, careless, and reckless acts and resulting in damages to the premises and a
loss to Erie's insured in the amount of $4,146.05, which was paid by Erie to its insured in accordance
with the terms of the policy.
9. In accordance with the terms of the insurance policy and by operation of law, Erie
is subrogated to the rights of its policy holder, Weaver, against the Defendant.
WHEREFORE, Plaintiff, Erie Insurance Exchange, subrogee of Paul V. Weaver, Jr., demands
judgment against the Defendant in the amount of $4,146.05, with costs.
TIAVTC TIAVTC ATT(ITJATRVC
By:
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
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PA I.D. #00501
VERIFICATION
I, Reed J. Davis, Esquire, state that I am not a party to the action but that at the request of the
Plaintiff, and based upon knowledge, information, records, and documents supplied to me by the
Plaintiff, the averments set forth in the foregoing Complaint are true. A Verification executed by Plaintiff
can be supplied at time of trial or upon request.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904 relating to unsworn falsification to authorities.
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CUSTOMER DELIVERY INFORMATION
Your Home Delivery is Scheduled or:81191
08
. To protect the investment in your new appliance and main aln a Manufacturer's Warranty,
our delivery agent requires replacement of old electrical cords, gas connectors, dryer vent
duct or ice maker kits with new accessories. Please refer to the product owner's manual.
Your appointment may be released if order payment is not received by 2:00 PM today. See
your sales associate for details.
. You will receive a phone call the evening prior to your home delivery appointment.
For questions regarding the deliver of your new
appliance call:
(1-866-433-5879
DELIVERY TERMS & CONDMONS
The Home Depot provides appliance delivery through a third party delivery service provider. Basic Service includes
moving the old unit to a new location on the same floor within the same dwelling; connecting a new free standing unit to
existing electrical outlets, dryer vent duct or'quick connect' ice maker lines and washer hoses with an existing shut-off
valve; removing aft packaging materials; observing proper operation of the new unit; and ensuring customer satistaction.
Additional delivery service options are available for a nominal fee, including haul away of old appliance, delivery of a new
appliance above a specific floor not servlcW by a freight elevator, reversing the door swing of a new unit, and hook-up of
a new ice maker in a pre-wired refrigerator. Free standing units do not include dishwashers, gas appliances, built-in'
appliances or miaowavelhood combinations. State law requires expert professional installation services for an additional
charge if you purchase these products. Please ask your Sales Associate for more information.
Thank you for shopping Home Depot Appliancesl
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~vtv1 , ~ _''.JiJl~7'Y
IN THE COURT OF COMMON PLEA~'~l~'~~OI~~~RLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR ,
Plaintiff,
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO.: 10-2416 Civil
ISSUE NO.
vs.
THE HOME DEPOT, INC.,
Defendant.
I hereby certify that the true
and correct address of the
Plaintiff is:
816 Eldorado Road, Suite 1
Bloomington IL 61702-2159
and the last known address of the
Defendant is:
6000 Carlisle Pike
Mechan' rg PA 17050
torney for Plaintiff
F:\DOCS\21151\100094\10052401.JLJD lad
TYPE OF PLEADING: PRAECIPE
FOR DEFAULT JUDGMENT
CODE:
FILED ON BEHALF OF: Plaintiff,
ERIE INSURANCE EXCHANGE, subrogee
of PAUL V. WEAVER, JR
COUNSEL OF RECORD FOR THIS
PARTY:
Reed J. Davis
Pa. I.D. #00501
Reed James Davis
Pa. I.D. #64343
DAMS DAMS ATTORNEYS
a professional corporation
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
412-489-1400
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR ,
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
Plaintiff,
vs.
THE HOME DEPOT, INC.,
Defendant.
NO.: 10-2416 Civil
TO: PROTHONOTARY
SIR:
Please enter judgment by default against the above-named defendant, THE HOME DEPOT,
INC. for failure to plead.
Principal claimed in Complaint
$4,146.05
TOTAL 4 146.05
with continuing interest on the judgment amount of
$4,146.05 at the rate of 6.00% per annum from
May 24, 2010, plus costs.
DAVIS DAVIS ATTORNEYS
BY:
Attorney for Plaintiff
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATION OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ALLEGHENY
SS
Before me, the undersigned authority, a Notary Public in and for said County and State,
personally appeared Reed J. Davis, Attorney for and authorized representative of Plaintiff who, being
duly sworn according to law, deposes and says that the defendant is not in the military service of the
United States of America to the best of his knowledge, information and belief and certifies that the
Notice of Intent to take Default Judgment was mailed in accordance with Pa.R.C.P. 237.1, as
evidenced by the attached copy.
Reed J. D~ s
Sworn to and subscribed before me
the ~~ day of May, 2010
Not Public
COMMONNl.~AL'TH OI' al~NNSYLVANIA
Notarial Seal
Kimberly Sevacxo, Notary ~ubtic
City of Pittsburgh, Allegheny County
My Commission Expires Feb. 10, 2013
Member, Pennsylvania Association of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSLJRANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR,
Plaintiff,
vs.
THE HOME DEPOT, INC.,
Defendant.
TO: THE HOME DEPOT, INC.
6000 Carlisle Pilce
Mechanicsburg PA 17050
DATE OF NOTICE: May 6, 2010
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO. 10-2416 Civil
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
Telephone: 717-249-3166
F:ADOCS\21 151 \100094\10050601.1 OD lad
DAMS DAMS ATTORNEYS
s onal corporatio
i
BY:
e d J. Davis
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ERIE INSURANCE EXCHANGE, CIVIL DIVISION, ARBITRATION AND
subrogee of PAUL V. WEAVER, JR., STATUTORY APPEALS ONLY
Plaintiff,
v.
THE HOME DEPOT, INC.,
Defendant.
TO THE PROTHONOTARY:
No. 10-2416
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ENTRY OF APPEARANCE y' `~~: ~ :'~ { ~~'
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Kindly enter my appearance on behalf of Defendant, Home Depot U.S.A., Inc.
(misnamed, The Home Depot, Inc.) in connection with the above matter.
THE CHARTWF~, LAW OFFICES, LLP
Dated: ~ 0~ O
TH M. DUBROW, ESQUIlZE
~. No. 34665
1717 Arch Street, 46~ floor
Philadelphia, PA 19103
(215) 972 - 7006
Attorneys for Defendant,
Home Depot U.S.A., Inc.
o:\e\erie aso weaver\pleadings\eoa.doc
ERIE INSURANCE EXCHANGE, IN THE COURT OF COMMON PLEAS OF
Subrogee of PAUL V. WEAVER, JR., :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
THE HOME DEPOT, INC.,
DEFENDANT
10-2416 CIVIL TERM
ORDER OF COURT
AND NOW, this ~ ,.Z day of July, 2010, upon consideration of
defendant's petition to open judgment, IT IS ORDERED:
(1) A Rule is issued upon plaintiff to show cause why the requested relief should
not be granted;
(2) Plaintiff shall file an answer to the motion within twenty-one (21) days of the
date of this order;
(3) The petition shall be decided under Pa.R.C.P. 206.7;
(4) Depositions shall be completed within forty-five (45) days of the date of this
order;
(5) Argument shall be held on Tuesday, August 10, 2010, at 11:00 a.m., in
Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania;
(6) Briefs shall be submitted at least seven (7) days prior to argument.
By the Court,
- ~~~~ ~ ~~
Albert H. Masland, J. ~_
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Reed J. Davis, Esquire
For Plaintiff
/ Kenneth M. Dubrow, Esquire
For Defendant
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ERIE INSURANCE EXCHANGE,
Subrogee of PAUL V. WEAVER, JR.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THE HOME DEPOT, INC.,
DEFENDANT
10-2416 CIVIL TERM
ORDER OF COURT
AND NOW, this ~ day of August, 2010, the petition of defendant,
Home Depot, U.S.A., Inc., to open default judgment is GRANTED.
By the Court,
Albert H. Masland, J.
Reed J. Davis, Esquire
For Plaintiff
/ Kenneth M. Dubrow, Esquire
Bryan Werley, Esquire
For Defendant
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ERIE INSURANCE EXCHANGE, IN THE COURT OF COMMON PLEAS OF
Subrogee of PAUL V. WEAVER, JR., :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
THE HOME DEPOT, INC.,
DEFENDANT 10-2416 CIVIL TERM
MEMORANDUM OPINION AND ORDER OF COURT
Before Masland, J., August 10, 2010:--
Before the court is the petition to open default judgment filed by
defendant, Home Depot, Inc., against plaintiff, Erie Insurance Exchange,
subrogee of Paul V. Weaver, Jr. Following briefing and argument by the parties,
defendant's petition is granted.
This matter arises from defendant's allegedly negligent installation of a
refrigerator in Mr. Weaver's home. After compensating Mr. Weaver in
accordance with its insurance policy, the plaintiff insurance company initiated the
instant suit by Sheriffs service upon an employee atone of defendant's retail
stores. Unfortunately, the employee was inexperienced and failed to forward the
relevant documents to defendant's legal department in Georgia. Due to this
unintentional mistake, defendant's legal department did not timely reply to
plaintiffs complaint and a default judgment was entered.
On June 22, 2010, defendant's legal department received a letter from
plaintiff demanding payment of the $4,146.05 default judgment. Until receipt of
this letter, defendant's legal department was unaware of plaintiffs suit. On July
6, 2010, defendant filed the instant petition to open default judgment.
a
10-2416 CIVIL TERM
To be successful, a petition to open a judgment must meet the following
test: the petition must be promptly filed; the party seeking relief must show a
meritorious defense; and, the failure to appear or file a timely answer must be
excused. Cintas Corp. v. Lee's Cleaning Serv., lnc., 549 Pa. 84, 700 A.2d 915
(1997).
Here, defendant's petition meets all the necessary criteria. First,
defendant promptly filed its petition within two weeks of receiving actual notice of
the judgment. Second, defendant alleges the meritorious defense that it was not
responsible for the installation of Weaver's refrigerator and that the responsible
third-party contractor would defend it should the judgment be opened. Third,
defendant's failure to defend was reasonably explained as the result of an
unintentional mistake by one of its retail store employees. As such, the delay is
excusable. Brown v. Greaf Atlantic & Pacific Tea Co., 460 A.2d 773, 775 (Pa.
Super. 1983). Accordingly, defendant's petition to open default judgment is
granted.
ORDER OF COURT
AND NOW, this , ~ day of August, 2010, the petition of defendant,
Home Depot, U.S.A., Inc., to open default judgment is GRANTED.
By the Court,
Albert H. Masland, J.
-2-
10-2416 CIVIL TERM
Reed J. Davis, Esquire
For Plaintiff
Kenneth M. Dubrow, Esquire
Bryan Werley, Esquire
For Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY NIA ~"'
b
_. _
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR ,
Plaintiff,
Defendant.
vs.
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO.: 10-2416 Civil
ISSUE NO.
TYPE OF PLEADING: Reply to New
Matter
THE HOME DEPOT, INC.,
CODE:
FILED ON BEHALF OF: Plaintiff,
Erie Insurance Exchange, subrogee of
Paul V. Weaver, Jr.
COUNSEL OF RECORD FOR THIS
PARTY:
Reed J. Davis
Pa. I.D. #00501
rid(a~dda~c.com
Reed James Davis
Pa. I.D. #64343
DAVIS DAVIS ATTORNEYS
a professional corporation
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
412-489-1400
F:\DOCS\21151\100094\10083101.Reply lad
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR ,
CIVIL DIVISION, ARBITRATION AND
STATUTORY APPEALS ONLY
Plaintiff
vs.
THE HOME DEPOT, INC.,
Defendant.
No.: 10-2416 Civil
REPLY TO NEW MATTER
AND NOW comes the Plaintiff, Erie Insurance Exchange, subrogee of Paul V. Weaver, Jr.,
by and through its counsel, Davis Davis Attorneys, a professional corporation, and Reed J. Davis,
Esquire, and makes this reply to Defendant's New Matter and avers as follows:
10. Denied. This is an incorporation paragraph and needs no further response.
11. Denied. Paragraph 11 is a legal conclusion and needs no further response.
12. Denied. Paragraph 12 is a legal conclusion and needs no further response.
13. Denied. Paragraph 13 is a legal conclusion and needs no further response.
14. Denied. Paragraph 14 is a legal conclusion and needs no further response.
15. Denied. Paragraph 15 is a legal conclusion and needs no further response.
16. Denied. Paragraph 16 is a legal conclusion and needs no further response.
17. Denied. Paragraph 17 is a legal conclusion and needs no further response.
18. Denied. Paragraph 18 is a legal conclusion and needs no further response.
19. Denied. Paragraph 19 is a legal conclusion and needs no further response.
20. Denied. Paragraph 20 is a legal conclusion and needs no further response.
21. Denied. Paragraph 21 is a legal conclusion and needs no further response.
22. Denied. Paragraph 22 is a legal conclusion and needs no further response.
23. Denied. Paragraph 23 is a legal conclusion and needs no further response.
24. Denied. Paragraph 24 is a legal conclusion and needs no further response.
25. The averment of Paragraph 25 of Defendant's new matter is denied. As set forth in the
agreement between Plaintiffs insured and the Defendant, the Defendant was responsible to Plaintiff for
the refrigerator, its delivery and installation. Any agreement that Defendant had or may have had with a
third party is irrelevant as far as the Plaintiff s claim in concerned.
26. Denied. Paragraph 26 is a legal conclusion and needs no further response.
WHEREFORE, Plaintiff requests that Defendant's new matter be stricken and that judgment be
entered against the Defendant as more fully set forth in Plaintiffs Complaint in Civil Action.
DAVIS DA ATTORNEYS
a nrofessi6n corooration
By:
Rid J. Davis, Esquire
PA I.D. #00501
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
rjd(a~dda cn com
VERIFICATION
I, Reed J. Davis, Esquire, state that I am not a party to the action but that at the request of the
Plaintiff, and based upon knowledge, information, records, and documents supplied to me by the
Plaintiff, the averments set forth in the foregoing Reply to New Matter are true. A Verification
executed by Plaintiff can be supplied at time of trial or upon request.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904 relating to unsworn falsification to authorities.
a
.-
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing Reply to New Matter
was served via regular United States mail, postage pre-paid, this 31St day of Aug st, 2010:
Kenneth M. Dubrow, Esquire
The Chartwell Law Offices, LLP
1717 Arch Street, 46th Floor
Philadelphia, PA 19103
(Counsel for Defendant)
r
J.
2{~ f ~ ~'~4' - t A~ (~~ c ~~
I ~P~~:J~6 R...`rr~~9pa~~d?~4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
No: 10-2416 Civil
Plaintiff,
vs.
TYPE OF PLEADING:
Plaintiff s Motion to Compel Answers to
Request for Production of Documents
THE HOME DEPOT, INC.,
Defendant.
FILED ON BEHALF OF: Plaintiff,
ERIE INSURANCE EXCHANGE, subrogee
of PAUL V. WEAVER, JR
COUNSEL OF RECORD FOR THIS
PARTY:
Reed J. Davis, Esquire
Pa. I.D. #00501
Reed James Davis
Pa. I.D. #64343
DAMS DAMS ATTORNEYS
a professional corporation
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
412-489-1400
100094
21151\100094\10102801.MotCompel LAD
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
Plaintiff,
vs.
THE HOME DEPOT, INC.,
Defendant.
NO: 10-2416 Civil
CERTIFICATE OF CONCURRENCE
Concurrence in this matter was not sought. A letter was sent to Defendant's Attorney October 7,
2010, stating that the Answers to the Request for Production were past the 30 day period given and was
given two weeks to answer said Request. Plaintiff's attorney never received a response from the
Defendant's counsel.
A Judge of the Court of Common Pleas of Cumberland has not ruled on any matter related to this
case.
By: ~
d J. Davis, Esquire
Pa. ID # 00501
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
Plaintiff,
vs.
THE HOME DEPOT, INC.,
Defendant.
NO: 10-2416 Civil
PLAINTIFF'S MOTION TO COMPEL ANSWERS TO REQUEST FOR PRODUCTION OF
DOCUMENTS
AND NOW, comes the Plaintiff, by and through their attorneys, Davis Davis Attorneys, a
professional corporation, and Reed J. Davis and moves this Honorable Court to enter an order compelling
Defendant to provide full and complete answers to Request for Production of Documents and in support
thereof avers as follows:
1. A Complaint was filed against the Defendant on April 12, 2010.
2. An Answer and New Matter was filed by the Defendant on or about August 25, 2010.
3. Subsequently, Plaintiff's First Request for Production of Documents Directed to Defendant
was mailed to Defendant on or about September 2, 2010. A copy of said Request for Production of
Documents is marked as Exhibit "A," attached hereto and made a part hereof.
4. More than 40 days have passed and Defendant has not answered Plaintiff's Request for
Production of Documents.
WHEREFORE, Plaintiff moves that an Order be entered in the form attached.
DAVIS DAVIS ATTORNEYS
a profession rporation
By:
Re J. avis, Esquire
Pa. I.D. #00501
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy ofthe within Plaintiff's Motion to Compel
Answers to Request for Production of Documents was served by United States mail, postage pre-paid, this
~~
day of October, 2010, to:
Kenneth M. Dubrow, Esquire
The Chartwell Law Offices, LLP
1717 Arch Street, 46~' Floor
Philadelphia, PA 19103
Attorney for Defendant
Re d J. Davis, Esquire
Pa. ID # 00501
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
Plaintiff,
vs.
THE HOME DEPOT, INC.,
Defendant
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO: 10-2416 Civil
ORDER
AND NOW, this day of , 2010, upon consideration of Plaintiff's
Motion to Compel Answers to Request for Production of Documents, it is hereby ordered and directed that
Defendant shall provide full and complete responses to said discovery requests within fifteen (15) days of the
date of this Order or shall suffer such sanctions as the Court shall deem appropriate.
BY THE COURT:
J.
100094
ERIE INSURANCE EXCHANGE,
Subrogee of PAUL V. WEAVER, JR.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND CO NTY, PENNSYLVANIA
V.
THE HOME DEPOT, INC.,
DEFENDANT
10-.2416 CIVIL TE
ORDER OF COURT
7777-
r /-i
AND NOW, this _ day of November, 20 0, a Rule is issued on
defendant to show cause why plaintiff is not entitled to the relief requested. This Rule is
returnable within twenty (20) days of this date.
By the Court,
Albert H. Mas
Reed J. Davis, Esquire
For Plaintiff
,meth M. Dubrow, Esquire
Bryan Werley, Esquire
For Defendant
saa
, J.
t.:. .. l a....,?--
.
"4.
,..
""8EC 28 AH 8: ?7
PENNSYLVANIA j' r ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
CIVIL DIVISION, ARBITRATION AND
STATUTORY APPEALS ONLY
Plaintiff,
VS.
THE HOME DEPOT, INC.,
Defendant.
No: 10-2416 Civil
TYPE OF PLEADING:
Plaintiff's Motion to Make Rule Absolute
FILED ON BEHALF OF: Plaintiff,
Erie Insurance Exchange, subrogee of Paul V.
Weaver, Jr.
COUNSEL OF RECORD FOR THIS
PARTY:
Reed J. Davis, Esquire
Pa. I.D. #00501
Reed James :Davis
Pa. I.D. #64343
DAVIS DAVIS ATTORNEYS
a professional corporation
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
412-489-1400
21151\100094\10122001.MotAbsolute lad
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
Plaintiff,
VS.
THE HOME DEPOT, INC.,
Defendant.
CIVIL DIVISION, ARBITRATION AND
STATUTORY APPEALS ONLY
No.: 10-2416 Civil
PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes the Plaintiff, Erie Insurance Exchange, subrogee of Paul V. Weaver, Jr., by
and through its attorneys, Davis Davis Attorneys, a professional corporation, and Reed James Davis
and moves this Honorable Court to Make Rule Absolute and in support thereof avers as follows:
Plaintiff filed Motion to Compel Answers to Request for Production of Documents on
November 1, 2010, a copy of which is marked Exhibit "A," attached hereto and made a part hereof.
2. This Honorable Court issued a rule returnable dated November 5, 2010, for twenty (20)
days, a copy of which is marked Exhibit "B," attached hereto and made a part hereof.
No answer was filed by the Defendant.
WHEREFORE, Plaintiff requests that this Honorable Court make the rule absolute.
DAVIS DAVIS ATTORNEYS
of . nal corporation
By: ----?
Reed ames :Davis, Esquire
Pa. I.D. #64343
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
NNY Q ? 9010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
No: 10-2416 Civil
Plaintiff,
TYPE OF PLEADING:
vs.
Plaintiff's Motion to Compel Answers to
Request for Production of Documents
THE HOME DEPOT, INC.,
Defendant.
FILED ON;BEHALF OF: Plaintiff,
ERIE INSURANCE EXCHANGE, subrogee
of PAUL V. ,AIEAVER, JR -
COUNSEL; OF RECORD FOR THIS
PARTY:
i?
Reed J. Davis, Esquire
Pa. I.D. #0501
Reed James Davis
Pa. I.D. #64343
DAVIS DAVIS ATTORNEYS
a professional corporation
393 Vanadium. Road, Suite 300
Pittsburgh. PA 15243
412-489-1400
100094
21151\100094\10102801.MotCompel LAD
EXHIBIT- A.- _NM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
Plaintiff,
vs.
THE HOME DEPOT, INC.,
Defendant.
NO: 10-2416 Civil
CERTIFICATE OF CONCURRENCE
Concurrence in this matter was not sought. A letter was sent to Defendant's Attorney October 7,
2010, stating that the Answers to the Request for Production were past the 30 day period given and was
given two weeks to answer said Request. Plaintiff's attorney never received a response from the
Defendant's counsel.
A Judge of the Court of Common Pleas of Cumberland has not ruled on any matter related to this
case.
By:
d J. Davis, Esquire
Pa. ID # 00501
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
Plaintiff,
vs.
THE HOME DEPOT, INC.,
Defendant.
NO: 10-2416 Civil
PLAINTIFF'S MOTION TO COMPEL ANSWERS TO REQUEST FOR PRODUCTION OF
DOCUMENTS
AND NOW, comes the Plaintiff, by and through their attorneys, Davis Davis Attorneys, a
professional corporation, and Reed J. Davis and moves this Honorable Court to enter an order compelling
Defendant to provide full and complete answers to Request for Production of Documents and in support
thereof avers as follows:
A Complaint was filed against the Defendant on Apri112, 2010.
2. An Answer and New Matter was filed by the Defendant on or about August 25, 2010.
Subsequently, Plaintiff's First Request for Production of Documents Directed to Defendant
was mailed to Defendant on or about September 2, 2010. A copy of said Request for Production of
Documents is marked as Exhibit "A," attached hereto and made a part hereof
4. More than 40 days have passed and Defendant has not answered Plaintiffs Request for
Production of Documents.
WHEREFORE, Plaintiff moves that an Order be entered in the form attached.
DAVIS DAVIS ATTORNEYS
a professiona rporation
i"
By:
Re J. avis, Esquire
Pa. I.D. #00501
Attorney for Plaintiff
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Plaintiff's Motion to Compel
Answers to Request for Production of Documents was served by United States mail, postage pre-paid, this
is day of October, 2010, to:
Kenneth M. Dubrow, Esquire
The Chartwell Law Offices, LLP
1717 Arch Street, 46' Floor
Philadelphia, PA 19103
Attorney for Defendant
Re d J. Davis, Esquire
Pa. ID # 00501
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIE INSURANCE EXCHANGE,
subrogee of PAUL V. WEAVER, JR.,
Plaintiff,
vs.
THE HOME DEPOT, INC.,
Defendant.
AND NOW, this day of
CIVIL DIVISION, ARBITRATION
AND STATUTORY APPEALS ONLY
NO: 10-2416 Civil
ORDER
2010, upon consideration of Plaintiff's
Motion to Compel Answers to Request for Production of Documents, it. is hereby ordered and directed that
Defendant shall provide full and complete responses to said discovery requests within fifteen (15) days of the
date of this Order or shall suffer such sanctions as the Court shall deem appropriate.
BY THE COURT:
J.
100094
ERIE INSURANCE EXCHANGE,
Subrogee of PAUL V. WEAVER, JR.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
THE HOME DEPOT, INC.,
DEFENDANT
10-2416 CIVIL TERM
ORDER OF COURT
AND NOW, this day of November, 2010, a Rule is issued on
defendant to show cause why plaintiff is not entitled to the relief requested. This Rule is
returnable within twenty (20) days of this date.
By the Court,
------------
?-
Albert H. Masland, J.
Reed J. Davis, Esquire
For Plaintiff
Kenneth M. Dubrow, Esquire
Bryan Werley, Esquire
For Defendant
saa
EXHIBIT
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Plaintiff 1s Motion to Make
Rule Absolute was served by regular United States mail, postage pre:-paid, this e' day of December,
2010, on:
Kenneth M. Dubrow, Esquire
The Chartwell Law Offices, LLP
1717 Arch Street, 46" Floor
Philadelphia, PA 19103
ARReedJam Davis, Esquire
Pa. ID # 64343
393 Vanadium Road, Suite 300
Pittsburgh, PA 15243
(412) 489-1400
Attorney for Plaintiff
s
T-Tr
u rran?.T a c_QFZUMBE LAND iCOUNTY., PENNSYLVANIA
C ERIE INSURANCE EXCHANGE, } CIVIL DIVISION, ARBITRATION
subrogee of PAUL V. WEAVER, 7R., ) AND STATUTORY APPEALS ONLY
Plaintiff,
vs.
THE HOME DEPOT, INC.,
Defendant
DEC 2 9 2010
NO: 10-2416 Civil
4-? = `cm
73, k -TI
=K
ORDER
AND NOW, this day of 29010, upon consideration of Plaintiffs
Motion to Compel Answers to Request for Production of Docurrierits, it is hereby ordered and directed that
Defendant shall provide frill and complete responses to said di'swyery requests within fifteen- (15) days of the
date of this Order or shall suffer such sanctions as the Court shall deem appropriate.
BY THE COURT:
1000 4
bowts+ ?xat%d A,µor„eys
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