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Home My WebLink About10-5804MOTORISTS MUTUAL INSURANCE COMPANY a/s/o SCOTT D. DEANER TAMMY N. DEANER Plaintiffs V. RHEEM MANUFACTURING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. R) - 580{ Civ+?T?rr" 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 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. Cumberland County Bar Association C `' -tai?? ;; c ..> - ?, 32 S. Bedford Street Sy `' Carlisle, PA 17013 V w (717)249-3166 Z -C Zo v f OA -fta.oo PA ATM 0 9gDA of eg800/ 194042.1 MOTORISTS MUTUAL INSURANCE COMPANY a/s/o SCOTT D. DEANER TAMMY N. DEANER Plaintiffs V. RHEEM MANUFACTURING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. CIVIL ACTION - LAW :JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o 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 SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 194765.1 2 Thomas E. Brenner, Esquire Attorney I.D. No. 32085 Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 717-234-4161 717-234-6810 FAX Attorney for Plaintiffs MOTORISTS MUTUAL INSURANCE : IN THE COURT OF COMMON PLEAS COMPANY a/s/o : CUMBERLAND COUNTY, SCOTT D. DEANER TAMMY N. DEANER Plaintiffs : NO. V. ; RHEEM MANUFACTURING : CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff Motorists Mutual Insurance Company a/s/o Scott and Tammy Deaner, by their attorneys, Goldberg Katzman, P.C., who state: 1. Plaintiff, Motorists Mutual Insurance Company, (hereinafter "Motorists Mutual") is a business entity authorized to issue policies of insurance operating in the Commonwealth of Pennsylvania with an address of P.O. Box 182476, Columbus, Ohio. 2. Motorist Mutual issued a Homeowner's Insurance Policy to Scott and Tammy Deaner that was in effect on November 29, 2009. 3. Scott and Tammy Deaner (hereinafter the Plaintiffs) are adult individuals residing at 1307 Lambs Gap Road, Hampden Township, Cumberland County, Pennsylvania. 4. Defendant Rheem Manuifacturing (hereinafter "Rheem"), is a business entity licensed and operating in the Commonwealth of Pennsylvania, on a regular, 194765.1 3 systematic, continuous and substantial basis with the corporate address of 1100 Abernathy Road, Suite 1400, Atlanta, Georgia. 5. Approximately two years prior to the date of November 29, 2009, the date of loss, the Plaintiffs installed a hot water heater manufactured by Rheem in their residence at 1307 Lambs Gap Road, Hampden Township, Cumberland County, Pennsylvania. 6. On November 29, 2009, the hot water heater leaked causing water damage to the Deaner residence and damage to personal property. 7. The Deaners presented a claim for their damages and costs of repair to Plaintiff Motorist Mutual which made payment of $5,188.97 for said damages and pursues this action to recover for the payment. COUNTI 8. The averments of paragraphs 1 through 7 are incorporated herein by reference. 9. At all times material hereto, Defendant Rheem was in the business of selling hot water heaters such as the one sold to Plaintiffs. 10. Defendant Rheem expressly warranted that the water heater was of marketable quality and fit for the purposes of use as a home hot water heating unit. 11. The hot water heater failed leaking water causing property damage as set forth above. 1.2. As a direct result of the breach of the warranty, the Deaners sustained the damages set forth above. 194765.1 4 WHEREFORE, Plaintiff Motorist Mutual Insurance Company a/s/o Scott D. Deaner and Tammy M. Deaner demands judgment against Defendant Rheem Manufacturing in the amount of $5,188.97 with interest and costs of suit. This is an amount requiring submission of the claim to compulsory arbitration pursuant to the Local Rules of Court. COUNT II 13. The averments of paragraphs 1 through 12 are incorporated herein by reference. 14. Defendant Rheem manufactured, assembled and sold the water heater in a defective condition, unreasonably dangerous to users and consumers including the Deaners. 15. The water heater was expected to reach the Deaners in substantially the same condition as when it left Rheem Manufacturing. 16. The hot water heater was defective in that it failed shortly after being placed into use and a water leak occurred resulting in property damage to the Deaner home. 17. In the alternative, Defendant Rheem, by its agents, were negligent in the manufacture of the hot water heater as they: (a) Failed to properly test the hot water heater, and; (b) Failed to detect the defect in the hot water heater resulting in the failure and leaking of water. 18. As a direct result of the negligence of Defendant Rheem, the Deaners sustained the damages as set forth above. 194765.1 5 WHEREFORE, Plaintiff Motorist Mutual Insurance Company a/s/o Scott D. Deaner and Tammy M. Deaner demands judgment against Defendant Rheem Manufacturing in the amount of $5,188.97 with interest and costs of suit. This is an amount requiring submission of the claim to compulsory arbitration pursuant to the Local Rules of Court. Respectfully Submitted, RG K MAN, P.C. Y:;as E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Dated: ?- Attorney for Plaintiffs 194765.1 6 °/ 1.°/ 2 01 J.2:58:52 PM -0400 P PAGE 9 OF 9 VERIFICATION I, an authorized representative of MOTORISTS '?- TUAL INSURANCE COMPANY, hereby acknowledge that I have read the foregoing COMPLAINT, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Sectiion 4904, relating to unworn falsification to authorities. MOTORISTS MUTUAL INSURANCE COMPANY 7 A A.,#. M404 By: 1, "lot A Date: , 2010 194765.1 7 MOTORISTS MUTUAL INSURANCE COMPANY a/s/o SCOTT D. DEANER TAMMY N. DEANER Plaintiffs V. RHEEM MANUFACTURING Defendant TO THE PROTNONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. lb - '5k(f L/ CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE Please mark this action as discontinued and ended. Thank you. Dated: 1 Respectfully Submitted, GOL E AN, P.C. By: T omas . Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney for Plaintiffs rr. Q7 X-n w BCD -? ' -v C) Cz "'71 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 6A 2011, addressed to the following: Lisa Marie Ricca, Claim Manager Rheem Manufacturing 1100 Abernathy Road, Suite 1400 Atlanta, GA 30328 Respectfully Submitted, day of GO RG KATZMAN, P.C. B: Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Dated: 5 ?/ Attorney for Plaintiffs