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Home My WebLink About10-4524F)FILES\CGeats\3050 Donegal\Current\623\3050.623.coml Revised: 6/10/10 2:27PM George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs JOHN M. FORTE and PEGGY J. FORTE, V. Plaintiffs, ROBERT E. WOLFGANG, SR., d/b/a W.E. APPLIANCE and WRIGHTSTONE ELECTRIC INC., d/b/a W-E APPLIANCE SERVICE, Defendants. r TF - y 2?I? 1 ?U ! e L ?V r . .' : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. lQ ` ?/ X02 C ?-? 1 CIVIL ACTION - LAW : JURY TRIAL DEMANDED 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 Plaintiffs. 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: Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 c? 3;-701 /2,-0- 4Yr,)-5' George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs JOHN M. FORTE and PEGGY J. FORTE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. ROBERT E. WOLFGANG, SR., d/b/a W.E. APPLIANCE and WRIGHTSTONE ELECTRIC INC., d/b/a W-E APPLIANCE SERVICE, Defendants NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff JOHN M. FORTE and IN THE COURT OF COMMON PLEAS OF PEGGY J. FORTE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. ?U y S y c t? CIVIL ACTION - LAW ROBERT E. WOLFGANG, SR., d/b/a W.E. APPLIANCE and JURY TRIAL DEMANDED WRIGHTSTONE ELECTRIC INC., d/b/a W-E APPLIANCE SERVICE, Defendants. COMPLAINT 1. Plaintiffs, John M. Forte and Peggy J. Forte, are adult individuals residing at 810 Club House Drive, Mechanicsburg, Pennsylvania 17050. 2. Defendant, Robert E. Wolfgang, Sr., is an adult individual doing business as W.E. Appliance, with a place of business located at 5 West Locust Street, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Wrightstone Electric Inc., is a Pennsylvania corporation doing business as W-E Appliance Service, with a place of business located at 5 West Locust Street, Mechanicsburg. Pennsylvania 17055. 4. W.E. Appliance and W-E Appliance Service are commonly referred to as Wolfgang Appliance Service. 5. On March 29, 2010, a plumber employed by C. Frank & Sons, LLC, visited Plaintiffs' home to service Plaintiffs' dishwasher. 6. On that same date, the plumber pulled the dishwasher out to inspect it. 7. On that same date, the plumber informed the Plaintiffs that there was no plumbing problem, but that an appliance problem existed, and that the Plaintiffs needed to have an appliance repair service inspect the dishwasher. 8. Neither Plaintiffs nor the plumber used, moved, or pushed the dishwasher back into place. 9. On April 5, 2010, a repair technician employed by Wolfgang Appliance Service visited Plaintiffs' home to service Plaintiffs' dishwasher. 10. On that same date, Defendants' repair technician determined that the dishwasher required a new part, which he did not have, and would need to order. 11. Immediately afterward, Defendants' repair technician pushed the dishwasher partially back into place so that the Plaintiffs could access the kitchen sink. 12. When Defendants' repair technician pushed the dishwasher back, he caused a kink in a copper supply line located behind the dishwasher, resulting in severe water leakage. 13. The kink caused damage to Plaintiffs' property because it caused severe water leakage which saturated Plaintiffs' basement ceiling with water, and caused severe water damage to Plaintiffs' home and personal property. 14. As a result of the kink, Plaintiff incurred damages in the amount of $4777.90. A true and correct copy of the repair invoice is attached hereto as Exhibit "A." 15. At times mentioned herein, Defendants acted or failed to act through their agents, servants and employees acting in the course and in the scope of their employment. 16. The negligence, recklessness, and carelessness of Defendants' repair technician consisted of: a. moving the dishwasher in a careless, reckless, and negligent manner; b. failing to avoid kinking the copper supply line, which Defendants' technician knew or should have known could result in increased leakage; C. failing to properly service the dishwasher; 17. The negligence, careless, and recklessness of Defendants' repair technician was the direct and proximate cause of the damage to Plaintiffs' home and personal property. 18. At all times material hereto, Plaintiffs acted with due care and were not contributorily negligent. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $4777.90, plus costs, interest, and any other relief that the court deems appropriate. MARTSON LAW OFFICES By r B. Faller, Jr.., Esqu, I.D. Number 49813 Date: 7/?/ D 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ,a. SWORN STATEMENT IN PROOF OF LOSS AND SUBROGATION AGREEMENT 5474,300.00 AMT. OF POLICY AT TIME OF LASS 08alla009 DATE ISSUED OW202010 DATE EXPIRES HPA-5077106 POLICY NUMBER Camp Hill, PA AGENCY AT Gunn-Mowery LLC AGENT To the Atlantic States Insurance Company By the above policy you insured John & Peery Forte against loss by Water to the property d 1. Time and Origin: A Water loss occurred about the hour of on the 5th day (Insurer) A.. o'clock .14, The cause and origin of the said loss were: 2. Occupancy: The building described, or containing the property described, was occupied at the time of the loss as follows, and for no other purpose whatever: Single family, owner occupied, frame dwelling 3. Title and Interest: At the time of the Ion the interest of your insured in the property described therein was ' N/A No other person or persons had any interest therein or incumbrance thereon, except: N/A 4, Changes: Since the'said policy was issued there has been no assignment thenoot or change of interest, use, occupancy, possession, location or exposure of the property described, except NIA 5. Total Insurance: The total amount of insurance upon the property described by this policy was, at the time of the loss, $474,300.00 , as mote particularly specified in the apportionment attached under Schedule •'C", besides which there was no policy or other contract of insurarice, written or oral; valid or invalid.., (Full replacement cost figures to be inserted only whoa-• considered in the adjustment) 6. Value of said property at time of loss 7. The whole lobs and'dareiage wus ......................... $4777.90 54 8. The amount (less Ded: of 5 230 ) claimed under this policy is S 4,527.90 9. 'Ilia said low did not originate by any set, design or procurement on the part of your insured, or this affant; nothing has been done by or with the privity or consent of your insured or this affiant, to violate the conditions of the policy, or render it void; no articles are mentioned herein or in annexed schedules but such as were destroyed or damaged at the time of said toes; no property saved has in any manner been concealed, and no attempt to deceive the said company, as to the extent of said loss, has in any manner been made. Any other information that may be required will be fumishoil and considered a part of this proof. 10. In consideration of and to the extent of said payment the undersigned hereby subrogates said Company to all of the rights, claims and interest which the undersigned may have against any party, person, persons, property or corporation liable for the low mentioned above, and authorizes the said. Company to sue, compromise, or settle in the .-undersigned:a nameor odmwwise.all much,clainn and.to.ececute-and sign-rele-ses and acquittances and•eiidorse ched:s or drafts given in settlement of such claims in the name of the undersigned, with the sartie force and effect as if the undersigned executed or endorsed them. Warranted no settlement has been made by the undersigned with arty party, person, persons, property or corporation against whom a claim may lie, and no release has boon given to anyone responsible for the taw, and that no such settlement will be made nor release given by the undersigned without the written consent of the said Company and the undersigned covenants and agrees to cooperate fully with said Company in the prosecution of such claims, and to procure and furnish all papers and documents, in the undersigned's possession, necessary in such proceedings and to attend court and tratify if the Company deems such to be necessary but it is understood tho undersigned is to be saved harmless from costa in such proceedui w_ 11. The statements and agreethertts on the reverse side hereof or attached hereto are made apart of this instrument: 12. The famishing of this blank or the preparation of proofs by a representative of the above -insurance company is root a waiver of any of its lights.' " Sttite?of ? rEI} S ye?u? Q• s ... _ - -° _ .. . _ { County of ?pi?J n) _ Insured Subscribed and swum to befom me this /?(jday of 20/ d In acmdence wPhNnosylvank AA 165, the folloaina nolia/i1 bangprovided: May posom 'ooaly and with intemt to deEsudamy iontormee coup" m adw pam rooks an application for instrams or atatemen of cities coelsirohg say meeoially Me infomntion or cmwaah for ohs purpose of mislndina, infomenon concerning uty fid nalerid thereto co m mitt a aaudutat iomuanae act. which it a crime rind s *km such parrs to crimio d amd civil peeddes, INN 112 0511012010 10:08 AM 416AF 4020 ' - Exhib? 1AtL Full Replacement Cost---: -- Actual Cash Value- ,1.44.$1•: c • ••,? "::• . c. A r• Notary Public Col /?,tl . ??•:cL? ?, ?a COMMONWEALTH 01 PENNSYLVANIA NOWW &W Cdbm M. iakA Nolery Pmb (*aHiefrftnDwp,>r,C + MYCtxwr6don EaVkwJdY4, 2010 Member. Penneylvanle Ar•od"On of Noteria N smarduma with Pewnylvaai AA WS, the falbwing a tk. is bait g WWdW. Any pasoa mk ktawkt;ly and V M intent to deftwd By im mu O.W..y ar athor penal My m applicaim ray imnmKe a sUtemett of ddrn coramsinS anY tnsletiaUY him htfonwdion or conceals for the purpcae of OWO&O& inr m aon conamin6 any fad mataial thereto commits a tUdtlem insurance aa, which is a aims and -bi- s such pmm to ahtt w and clvil pamkics. 1 112 0511012010 10:08 AM 416AF 4020 VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, I may be subject to criminal penalties. (k 12, Jo". Forte Peggy . Foy F:\FILES\CGeaU\3050 Douegal\Cutrrnt\623\3050.623.rom1 RECEIVED JUN 1 7 2010 MARTSON SHERI Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE OF CUMBERLAND COUNTY ~a~,~tr 0'E Crc~pbppf~h~ ~ r tt ~'~,~ ~~~.^r.- a~ler oFskt s~R~r:F ~?F TI-:~ ~~_. ~~~~ ~t~~ ~ ~J ~~i'?I ~~ ~ John M. Forte (et al.) vs. Robert E. Wolfgang, Sr. Case Number 2010-4524 HERIFF'S RETURN OF SERVICE 07/12/2010 03:03 PM -Michael Bar 2010 at 1503 hours, he defendant, to wit: Robe Appliance Service, by n Cumberland County, Pe said true and correct cc SHERIFF COST: $37.44 July 13, 2010 ick, Deputy Sheriff, who being duly sworn according to law, states that on July 12, served a true copy of the within Complaint and Notice, upon the within named E. Wolfgang Sr. d/b/a W.E. Appliance and Wrightstone Electric, Inc. d/b/a W-E eking known unto himself personally, at 5 W. Locust Street, Mechanicsburg, ~nsylvania 17055 its contents and at the same time hagding to him personally t ly of the same. ~ /l `/'101tCHAEL BAI~RICK, DEPUTY ~ SO ANSWERS, C~~^^~r.""" --~ RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, Inc. FAFILES?Ucnts\3050 Donegal\Curren[\62313050.623.pre Revised: 8/12/10 3:59PM George B. Faller, Jr., Esquire r I I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 201 u J" .'.? 3 10 East High Street Zb)a MC- 13 A'IM 10% r.:. •. ?T'•. Carlisle, PA 17013 _ 717-243-3341 Attorneys for Plaintiffs JOHN M. FORTE and IN THE COURT OF COMMON PLEAS OF PEGGY J. FORTE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 2010-4524 CIVIL ACTION - LAW ROBERT E. WOLFGANG, SR., d/b/a W.E. APPLIANCE and WRIGHTSTONE ELECTRIC INC., d/b/a W-E APPLIANCE SERVICE, Defendants. JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. MARTSON LAW OFFICES By George B. Faller, Jr, Esquir I.D. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: August 12, 2010 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: F. Joseph Fassler, Litigation Specialist NGM Insurance P.O. Box 4828 Syracuse, NY 13221 Mr. Robert E. Wolfgang, Sr. W.E. Appliance Wrightstone Electric, Inc. 5 West Locust Street Mechanicsburg, Pennsylvania 17055 MARTSON LAW OFFICES By. Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 12, 2010