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HomeMy WebLinkAbout11-6565F40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Erie Insurance Group a/s/o Jeffrey Walker 100 Erie Insurance Place Erie, PA 16530-1104 VS. Defendant(s) & Address(es) Crane Plumbing 41 Cairns Road Mansfield, Ohio 44904, and John Does (1-100) Case No. //- D 5- J 5- Civil Term Civil Action Jury Trial Demanded .., C -'q3 rnw • ZI'+'1 W 1- • ?D Z PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded Date : August 19, 2011 Print Name: Christopher A. Gomez/ Address: 501 Office Center Dr., Ste. 300 Fort Washington, PA 19034 Telephone #: 215-283-1177 Supreme Court ID Number: 82899 • • • • • WRIT OF SUMMONS TO: Crane Plumbing, 41 Cairns Road, Mansfield, Ohio 44904 HA OMMENCED AN YOU''ARI? NOTIFIED THAT THE ABOVE-NAMED PLA4Prothono;taryty/C ACTION, AGAINST YOU. rk, Civi l Division Dater by Deputy Z9 ss CC N Ev z to 0 -n •-i rnn? -'0m CQO • Q o--n ?M D 0 X 92 oaW R6 C? l'fs?f 91??6 3532 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: Christine G. Benedum Attorney I.D. No.: 204940 500 Office Center Drive, Suite 301 Fort Washington, PA 19034 Phone: 215-283-1177 Fax: 215-283-1188 ERIE INSURANCE GROUP A/S/O JEFFREY WALKER Plaintiff, VS. CRANE PLUMBING and JOHN DOES (1-100), Defendants. No. 11-6565 NOTICE OF CHANGE OF ADDRESS PLEASE TAKE NOTICE that effective immediately the mailing address for counsel for Plaintiff, Erie Insurance Group a/s/o Jeffrey Walker, in this matter is as follows: Law Offices of Robert A. Stutman, P.C. 500 Office Center Drive Suite 301 Fort Washington, PA 19034 LAW OFFICES OF ROBERT A. STUTMAN, P.C. Dated: January 18, 2012 By ?iyt Christine Grecus Benedum Attorney I.D. No. 204940 500 Office Center Drive, Suite 301 Fort Washington, PA 19034 Tel: (215) 283-1177 Fax: 215) 283-1188 Email: benedumcLa)stutmanlaw.com Attorney for Plaintiff ! PROTHONdTAR Attorney for Plaintiff 2012 JAN 20 AM 11: 16 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION CERTIFICATE OF SERVICE I, CHRISTINE GRECUS BENEDUM, HEREBY CERTIFY that on this 18th day of January, 2012, a true and correct copy of Plaintiff's Notice of Change of Address was served by first-class mail on the following: Crane Plumbing 41 Cairns Road Mansfield, Ohio 44904 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By P Christine Grecus Benedum IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE GROUP a/s/o JEFFREY WALKER and ANNE WALKER, h/w 100 Erie Insurance Place Erie, PA 16530-1104 V. Plaintiff, COMPLAINT CASE NO.; 11-6565 -CIVIL TERM CRANE PLUMBING, LLC 41 Cairns Road Mansfield, OH 44904 Defendant. CIVIL ACTION - LAW COMPLAINT Plaintiff, Erie Insurance Group, as subrogee of Jeffrey Walker and Arne Walker, h/w, by and through the undersigned counsel, hereby brings this civil action against Defendant, Crane Plumbing, LLC, and upon information and belief, complains against Defendant as follows: THE PARTIES 1. Plaintiff, Erie Insurance Group (hereinafter "Erie"), is a corporation duly organized and existing under the laws of the state of Pennsylvania with its principal place of business located at 100 Erie Place, Erie Pennsylvania 16530, and at all times relevant hereto was authorized to issue insurance policies in the State of Pennsylvania. 2. At all times relevant hereto, Erie's insureds, Jeffrey Walker and Anne Walker, owned and occupied a residential home located at 5149 South Deerfield Avenue, Mechanicsburg, PA 17050-3496 (hereinafter, the "Property"). 2 3. Prior to August 28, 2009, Erie issued a policy of insurance to Jeffrey Walker and Anne Walker; said policy covering the Property, including its structure and contents, and insuring against other losses was, in effect on August 28, 2009. 4. Defendant Crane Plumbing, LLC (hereinafter "Crane) is a limited liability company duly organized and existing under the laws of the State of Delaware, and holding itself out as having a principal place of business located at 41 Cairns Road, Mansfield, OH 44904. 5. Upon information and belief, at all times relevant hereto the Defendant was engaged in the business of, inter alia, designing, manufacturing, marketing, selling and/or distributing products, including water supply lines for sinks. JURISDICTION AND VENUE 6. Jurisdiction properly lies in this Court pursuant to 42 Pa. C.S.A. § 5301 because Defendant regularly conducts business within this State. 7. Venue in this action properly lies in Cumberland County pursuant to Pa. R.C. P. No. 2179 (a) as Defendant regularly conducts business in Cumberland County, PA and the transaction or occurrence giving rise to the cause of action arose in Cumberland County, PA. FACTUAL ALLEGATIONS 8. At all times relevant hereto, Erie's insureds, Jeffrey Walker and Anne Walker, owned and occupied the Property. 9. Prior to August 28, 2009, the Defendant designed, manufactured, marketed, sold, and/or distributed the water supply line which was connected to the powder room sink on the first floor of the Property (hereinafter "the water supply line"). 3 10. On or about August 28, 2009, a water leak occurred within the Property and originated at the water supply line. 11. The water leak was caused by the failure of the water supply line. 12. The liner and the metal braiding of the water supply line failed and resulted in the subject water leak. 13. The water supply line and/or its component parts, including the liner and metal braiding, were designed, manufactured, marketed, sold, and/or distributed by the Defendant. 14. The water leak resulted in significant damage to the Property and personal property of Erie's insureds, Jeffrey Walker and Anne Walker. 15. As a result of the water loss and resultant damage, Erie has made payments to its insureds in an amount not in excess of $50,000.00 in accordance with the terms and conditions of the insurance policy. 16. As a result of the payments made to its insureds for the subject water loss, Erie is legally, equitably and contractually subrogated to the rights of its insureds to the extent of its payments. COUNT I - NEGLIGENCE ERIE v. DEFENDANT 17. Plaintiff incorporates by reference all of the allegations contained in the preceding paragraphs as though fully set forth herein at length. 18. The Defendant is a corporations or business entity that designs, assembles, manufactures, markets, distributes, sells and places into the stream of commerce products throughout the United States, including the water supply line that caused the water loss in this case. 4 19. The Defendant designed, manufactured, assembled, tested, distributed, marketed, sold and placed into the stream of commerce the water supply line that caused the water leak at the Property. 20. On or about August 28, 2009, the water supply line failed, causing a water leak and damaging real and personal property and other damages as previously pled. 21. The Defendant owed a duty to consumers, including Erie's insureds, to exercise reasonable care in the design and manufacture of water supply lines. 22. The subject water leak and resulting damages sustained by Plaintiffs insureds were caused by the negligence, breach of duty of care, carelessness, negligent acts and/or omissions of the Defendant, its agents, servants, and/or employees, acting within the course and scope of their employment and agency, in: a) designing, manufacturing, selling, marketing, distributing, supplying, and/or assembling the water supply line in a defective and unreasonably dangerous condition that was unsafe for its intended use; b) designing, manufacturing, selling, distributing, supplying, and/or assembling the water supply line with insufficient liner and metal braiding, thereby causing a defective and unreasonably dangerous condition that was unsafe for its intended use; C) failing to properly and adequately design, manufacture, assemble, inspect and/or test the sufficiency of the water supply line which connected the sink to the water source; d) failing to properly and adequately design, manufacture, assemble, inspect and/or test the adequacy of the strength and/or thickness of the lining and the braiding of the water supply line connected to the sink; e) failing to properly and adequately design, manufacture, and/or assemble the water supply line in conformity with industry standards; f) failing to adequately appreciate the risks of the defect of the water supply line; g) failing to adequately warn of the risks of the defect of the water supply line; 5 h) failing to place into the stream of commerce a water supply line that is merchantable and fit for its intended purpose; and i) failing to use due care under the circumstances. 23. As a direct and proximate result of the aforesaid negligence, breach of duty of care, carelessness, negligent acts and/or omissions of the Defendant, the subject water leak occurred and Plaintiff, Erie, paid its insureds a sum not in excess of $50,000.00, representing the fair and reasonable value of the damage to the Property and personal property of its insureds. 24. By virtue of the aforesaid payment and pursuant to the terms of the aforesaid insurance policy, Erie is legally, equitably and contractually subrogated to the rights of its insured to the extent of such payments. WHEREFORE, Plaintiff, Erie, demands judgment in its favor and against Defendant in an amount not in excess of $50,000.00 and in the alternative on Count I of the Complaint for compensatory damages, together with interest, costs of suit, counsel fees, and such other and further relief as this Honorable Court deems just and proper under the circumstances. COUNT II - FAILURE TO WARN ERIE v. DEFENDANT 25. Plaintiff incorporates by reference all of the allegations contained in the preceding paragraphs as though fully set forth herein at length. 26. The Defendant owed a duty to consumers, including Erie's insureds, to exercise reasonable care in issuing warnings regarding the defective and dangerous nature of its water supply line. 27. The Defendant knew or reasonably should have known that their water supply line was defective and dangerous and/or was likely to be dangerous when used in a reasonably foreseeable manner. 6 28. The Defendant knew or reasonably should have known that Erie and its insureds would not realize that the water supply line was defective and posed a danger of causing substantial property damage. 29. The Defendant failed to adequately warn of the danger or instruct Erie or its insureds on the safe use of its product. 30. A reasonable designer, manufacturer, distributor, assembler, or seller under the same or similar circumstances would have warned of the danger and instructed on the safe use of the product, including but not limited to, providing detailed installation instructions together with warnings to frequently inspect the water supply line. 31. As a direct and proximate result of Defendant's failure to warn the plaintiff or its insureds regarding the defective and dangerous nature of its water supply line, the subject water leak occurred and Plaintiff, Erie, paid its insureds a sum not in excess of $50,000.00, representing the fair and reasonable value of the damage to the Property and personal property of its insureds. 32. By virtue of the aforesaid payment and pursuant to the terms of the aforesaid insurance policy, Erie is legally, equitably and contractually subrogated to the rights of its insureds to the extent of such payments. WHEREFORE, Plaintiff, Erie, demands judgment in its favor and against Defendant in an amount not in excess of $50,000.00 and in the alternative on Count II of the Complaint for compensatory damages, together with interest, costs of suit, counsel fees, and such other and further relief as this Honorable Court deems just and proper under the circumstances. 7 COUNT III - STRICT PRODUCTS LIABILITY ERIE v. DEFENDANT 33. Plaintiff incorporates by reference all of the allegations contained in the preceding paragraphs as though they were fully set forth herein at length. 34. The cause of the water leak was due to a failure of the water supply line and/or its component parts, which were defectively designed, manufactured, assembled, tested, marketed, distributed, sold and placed into the stream of commerce by the Defendant. 35. As a direct and proximate result of the product defect or defects referenced above, the subject water leak occurred, and Plaintiff, Erie, paid its insureds a sum not in excess of $50,000.00, representing the fair and reasonable value of the damage to the Property and personal property of its insureds. 36. By virtue of the aforesaid payment and pursuant to the terms of the aforesaid insurance policy, Erie is legally, equitably and contractually subrogated to the rights of its insureds to the extent of such payments. WHEREFORE, Plaintiff, Erie, demands judgment in its favor and against Defendant in an amount not in excess of $50,000.00 and in the alternative on Count III of the Complaint for compensatory damages, together with interest, costs of suit, counsel fees, and such other and further relief as this Honorable Court deems just and proper under the circumstances. COUNT IV-BREACH OF WARRANTY ERIE v. DEFENDANT 37. Plaintiff incorporates, by reference, the preceding paragraphs as though they were fully set forth herein at length. 38. In designing, manufacturing, marketing, selling, distributing, supplying, and/or assembling the subject water supply line, the Defendant made certain express and implied 8 warranties that the water supply line was of good and merchantable quality and was reasonably safe and fit for its intended use. 39. The Defendant breached the express and implied warranties, or other representations that accompanied the sale and distribution of water supply line into the stream of commerce. 40. As a direct, proximate and consequential result of the breach or breaches, the subject water leak occurred, and Plaintiff, Erie, paid its insureds a sum not in excess of $50,000.00, representing the fair and reasonable value of the damage to the Property and personal property of its insureds. 41. By virtue of the aforesaid payment and pursuant to the terms of the aforesaid insurance policy, Erie is legally, equitably, and contractually subrogated to the rights of its insureds to the extent of such payments. WHEREFORE, Plaintiff, Erie, demands judgment in its favor and against Defendant in an amount not in excess of $50,000.00 and in the alternative on Count IV of the Complaint for compensatory damages, together with interest, costs of suit, counsel fees, and such other and further relief as this Honorable Court deems just and proper under the circumstances. LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: f e G. Ebert, Esquire 500 Office Center Drive, Suite 301 Fort Washington, PA 19034 (215) 283-1177 - Fax: (215) 283-1188 Attorneys for Plaintiffs Erie Insurance Group, a/s/o Jeffrey Walker 9 VERIFICATION I, Stefanie G. Ebert, Esquire attorney for Plaintiff, hereby state that I am familiar with the facts of this case and am authorized to file this Verification on their behalf. I verify that I prepared the foregoing Complaint based on information furnished to me by the Plaintiff. I further 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 made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: %? l oZ. STE FIE G. EBERT, ESQUIRE FILED-OFFiC._ IN THE COURT OF COMMON PLEAS mar=F ?'PQTHON rAP'? OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 2012 JU-0 PM s 5? CUMBERLAND CO NTY PENNSYLVANi ERIE INSURANCE GROUP a/s/o JEFFREY WALKER and ANNE WALKER, h/w Plaintiff, V. CRANE PLUMBING, LLC Defendant. COMPLAINT CASE NO.; 11-6565 - CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO ATTACH OFFICE OF THE PROTHONOTARY: Kindly attach the enclosed duly executed Verifications of the Plaintiff to Plaintiff s Complaint in the above-captioned matter. Dated: July 24, 2012 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: Stefanie Ctffiert, Esquire 500 Office Center Drive, Suite 301 Fort Washington, PA 19034 (215) 283-1177 - Fax: (215) 283-1188 Attorneys for Plaintiffs Erie Insurance Group, a/s/o Jeffrey W VERIFICATION I, Francis Guillemette, having read the attached Complaint, verify the said Complaint is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the document is that of counsel and not of signer. Signer verifies that he has read the Complaint and that it is true and correct to the best of signer's knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: ;2- :__, ` AME 1-,F 0 TA i 4 Y RESPONSE TO THE ENCLOSED NEW MATTER WIOTHIN TW NRTIY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE Z 1; ! ENTERED AGAINST YOU. UMBERLAND COU14TY /s/ Mark D. Villanueva PENNSYLVANIA By: Mark D. Villanueva Defendant American Standard Brands ("American Standard"), improperly pled as "Crane Plumbing, LLC" TO THIRD PARTY DEFENDANT: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. /s/ Mark D. Villanueva By: Mark D. Villanueva Defendant American Standard Brands ("American Standard"), improperly pled as "Crane Plumbing, LLC" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -----------t---------------------------------------------------x ERIE INSURANCE GROUP a/s/o JEFFREY WALKER and ANNE WALKER, h/w 100 Erie Insurance Place Erie, PA 16530-1104, -agalnst- CRANE PLUMBING, LLC 41 Cairns Road Mansfield, OH 44904, Plaintiff. Plaintiff, Defendant/Third Party ---------------------------------------------------------------x --------------------------------------------------------------- AS AMERICA, INC. d/b/a AMERICAN STANDARD BRANDS 1 Centennial Avenue Piscataway, NJ 08855, Plaintiff, Defendant/Third Party -against- INTERNATIONAL IMPORTS AND CASE NO.: 11-6565 -CIVIL TERM ANSWER AND NEW MATTER OF DEFENDANT/THIRD PARTY PLAINTIFF AMERICAN STANDARD BRANDS ME1 1378621'??5v.2 DISTRIBUTION, INC. 5701 Pine, Island Road Tamarac, Florida 33321, Third Party Defendant. ----------- ---------------------------------------------------x NOTICE TO DEFEND Y'pu 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 of this third-party 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 third-party 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 ASSISTANCE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 717-249-3166 ME] 13786215v.2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ----x ERIE INSURANCE GROUP a/s/o JEFFREY WALKER and ANNE WALKER, h/w 100 Erie Insurance Place CASE NO.: 11-6565 -CIVIL TERM Erie, PA 16530-1104, ANSWER AND NEW MATTER OF Plaintiff, DEFENDANT/THIRD PARTY .-against- PLAINTIFF AMERICAN STANDARD BRANDS CRANE PLUMBING, LLC 41 Cairns Road Mansfield, OH 44904, Plaintiff. Defendant/Third Party ---------------------------------------------------------------x ---------------------------------------------------------------x AS AMERICA, INC. d/b/a AMERICAN STANDARD BRANDS 1 Centennial Avenue Piscataway, NJ 08855, Plaintiff, -against- Defendant/Third Party INTERNATIONAL IMPORTS AND DISTRIBUTION, INC. 5701 Pine Island Road Tamarac,' Florida 33321, Third Party Defendant. ---------------------------------------------------------------x Defendant AS America, Inc. d/b/a American Standard Brands ("American Standard"), improperly pled as "Crane Plumbing, LLC", by and through its attorneys McCarter & English, LLP, as and for its Answer to the Complaint of Plaintiff Erie Insurance Group ("Erie") a/s/o Jeffrey Walker and Anne Walker, states as follows: ME1 13786215v.2 THE PARTIES 1. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 1 of the Complaint. 2. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 2 of the Complaint. 3. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 3 of the Complaint. 4. Defendant American Standard denies the allegations of Paragraph 4 of the Complaint. 5. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 5 of the Complaint. JURISDICTION AND VENUE 6. Defendant American Standard admits that it conducts business within the Commonwealth of Pennsylvania. The remaining allegations of Paragraph 6 constitute legal conclusions to which American Standard need not respond. To the extent any portion of the remaining allegations of Paragraph 6 does not constitute a legal conclusion and requires a response, American Standard denies the allegations. 7. Defendant American Standard admits only that it conducts business in Cumberland County, Pennsylvania. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the remaining factual allegations in Paragraph 7 of the Complaint. The remaining allegations of Paragraph 7 constitute legal conclusions to which American Standard need not respond. To the extent any portion of the remaining allegations of Paragraph 7 does not constitute a legal conclusion and requires a response,! American Standard denies the allegations. FACTUAL ALLEGATIONS 8. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 8 of the Complaint. 9. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 9 of the Complaint. ME I 13786215v.2 10. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 10 of the Complaint. 11. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 1 l of the Complaint. 12. Auer reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 12 of the Complaint. 13. Ater reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 13 of the Complaint. 14. Auer reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 14 of the Complaint. 15. Ater reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 15 of the Complaint. 16. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the factual allegations in Paragraph 16 of the Complaint. The remaining allegations of Paragraph 16 constitute legal conclusions to which American Standard need not respond. To the extent any portion of the remaining allegations of Paragraph 16 does not constitute a legal conclusion and requires a response, American Standard denies the allegations. COUNT I - NEGLIGENCE 17. Defendant American Standard repeats and incorporates by reference its answers to each and every allegation contained in Paragraphs 1 through 16 of the Complaint as though fully set forth at length herein. 18. Defendant American Standard admits only that it markets and distributes products throughout the United States. The remaining allegations of Paragraph 18 constitute legal conclusions to which American Standard need not respond. To the extent any portion of the remaining allegations of Paragraph 18 does not constitute a legal conclusion and requires a response,'', American -Standard denies the allegations. 19. Auer reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 19 of the Complaint. ME1 1378621'5v.2 20. Auer reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 20 of the Complaint. 21. The allegations of Paragraph 21 constitute legal conclusions to which American Standard :need not 'respond. To the extent any portion of Paragraph 21 of the Complaint does not constitute a legal conclusion and requires a response, American Standard denies the allegations. 22. The allegations of Paragraph 22 and subparts (a) through (i) constitute legal conclusions to which American Standard need not respond. To the extent any portion of Paragraph 22 and its subparts Of the Complaint does not constitute a legal conclusion and requires a response, American Standard denies the allegations. 23. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the factual allegations in Paragraph 23 of the Complaint. The remaining allegations of Paragraph 23 constitute legal conclusions to which American Standard need not respond. To the extent any portion of the remaining allegations of Paragraph 23 does riot constitute a legal conclusion and requires a response, American Standard denies the allegations. 24. The allegations of Paragraph 24 constitute legal conclusions to which American Standard need not respond. To the extent any portion of Paragraph 24 of the Complaint does not constitute a legal conclusion and requires a response, American Standard denies the allegations. WHEREFORE, for the foregoing reasons, American Standard demands judgment on Count I of the Complaint in its favor and against the Plaintiff, together with other such relief as the Court may deem appropriate. COUNT II - FAILURE TO WARN 25. Defendant American Standard repeats and incorporates by reference its answers to each and every allegation contained in Paragraphs 1 through 24 of the Complaint as though fully set forth at length herein. 26. The allegations of Paragraph 26 constitute legal conclusions to which American Standard need not respond. To the extent any portion of Paragraph 26 of the Complaint does not constitute a legal conclusion and requires a response, American Standard denies the allegations. 27. Defendant American Standard denies the allegations in Paragraph 27 of the Complaint. 28. Defendant American Standard denies the allegations in Paragraph 28 of the Complaint. 29. Defendant American Standard denies the allegations in Paragraph 29 of the Complaint. 30. Defendant American Standard denies the allegations in Paragraph 30 of the Complaint. 31. Defendant American Standard denies the allegations in Paragraph 31 of the Complaint. ME1 1378621'5v.2 32. The allegations of Paragraph 32 constitute legal conclusions to which American Standard need not respond. To the extent any portion of the allegations of Paragraph 32 does not constitute a legal conclusion and requires a response, American Standard denies the allegations. WHEREFORE, for the foregoing reasons, American Standard demands judgment on Count II of the Complaint in its favor and against the Plaintiff, together with other such relief as the Court may deem appropriate. COUNT III - STRICT PRODUCTS LIABILITY 33. Defendant American Standard repeats and incorporates by reference its answers to each and ever}: allegation contained in Paragraphs 1 through 32 of the Complaint as though fully set forth at length herein. 34. Defendant American Standard denies the allegations in Paragraph 34 of the Complaint. 35. Defendant American Standard denies the allegations in Paragraph 35 of the Complaint. 36. The allegations of Paragraph 36 constitute legal conclusions to which American Standard need not respond. To the extent any portion of the allegations of Paragraph 36 does not constitute a legal conclusion and requires a response, American Standard denies the allegations. WHEREFORE, for the foregoing reasons, American Standard demands judgment on Count III of the Complaint in its favor and against the Plaintiff, together with other such relief as the Court may deem appropriate. COUNT IV - BREACH OF WARRANTY 37. Defendant American Standard repeats and incorporates by reference its answers to each and ever} allegation contained in Paragraphs 1 through 36 of the Complaint as though fully set forth at length herein. 38. After reasonable investigation, Defendant American Standard is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 38 of the Complaint. 39. Defendant American Standard denies the allegations in Paragraph 39 of the Complaint. 40. Deefendant American Standard denies the allegations in Paragraph 40 of the Complaint. 41. The allegations of Paragraph 41 constitute legal conclusions to which American Standard need not respond. To the extent any portion of the allegations of Paragraph 41 does not constitute a legal conclusion and requires a response, American Standard denies the allegations. WHEREFORE, for the foregoing reasons, American Standard demands judgment on Count IV of the Complaint in its favor and against the Plaintiff, together with other such relief as the Court may deem appropriate. ME1 13786215v.2 NEW MATTER IN THE FORM OF AFFIRMATIVE DEFENSES 42. American Standard repeats, repleads and incorporates by reference all foregoing paragraphs as if fully set forth. 43. The Complaint fails to state a claim upon which relief may be granted. 44. Airy injuries and/or damages sustained by Plaintiff, as alleged in the Complaint, were caused in! whole or in part by the negligence and/or culpable conduct of Plaintiff and/or other third parties and not as a result of any negligence and/or culpable conduct on the part of American Standard. 45. Without admitting liability, American Standard alleges that if it bears any responsibility for the damages complained of, it is absolved from any resulting liability by virtue of the superseding/intervening actions of others. 46. The damages allegedly sustained by Plaintiff were caused, in whole or in part, by the negligencje or other culpable conduct of one or more persons or instrumentalities over which American Standard had no control. 47. The product was subject to abuse, alteration, change, improper installation or operation by persons not in the employ or control of American Standard, which proximately caused the injuries complained of by Plaintiff in the Complaint. Such change in condition bars the action as against American Standard. 48. No acts or omissions of American Standard proximately caused any damages 49. This Defendant never made any implied warranties regarding any of the products referred to in the Complaint. 50. The incident and injuries complained of were caused by unauthorized, unintended and improper !use of the product complained of, and as a result of failure to exercise reasonable and ordinary care, caution and vigilance. 51. American Standard owes no duty to Plaintiff. 52. American Standard breached no duty to Plaintiff. 53. American Standard cannot confirm that it designed, manufactured, distributed and/or sold the product at issue in this action until such time as it has an opportunity to conduct a product inspection. American Standard reserves its right to assert that it did not it design, manufacture, distribute', and/or sell the product at issue in this action. 54. Plaintiff's claims may be barred by the statute of limitations. 55. Plaintiff has failed to mitigate Plaintiff's damages. ME I 13786215v.2 56. Any and all claims against American Standard are barred due to spoliation and/or destruction of evidence. 57. American Standard properly disclaimed any and all implied warranties regarding any of the products referred to in the Complaint. 58. Plaintiff's claims may be barred by its filing in an improper venue. WHEREFORE, for the foregoing reasons, American Standard demands judgment on the Plaintiff $ Complaint in its favor and against the Plaintiff, together with other such relief as the Court may deem appropriate. NEW MATTER IN THE FORM OF A THIRD-PARTY COMPLAINT Defendant/Third-Party Plaintiff American Standard, by and through its attorneys McCarter & English, LLP, avers as follows: 1. Defendant/Third Party Plaintiff American Standard is a Delaware corporation with headquarter offices in New Jersey and organized and existing under the laws of New Jersey. 2. Third-Party Defendant International Imports and Distribution, Inc. ("International") is a foreign corporation duly organized and existing under the laws of Florida. 3. Third-Party Defendant International contracts or contracted to supply goods and services in the Commonwealth of Pennsylvania. 4. Third-Party Defendant International regularly conducts or conducted business in the Commonwealth of Pennsylvania or derives substantial revenue from goods used or consumed or services rendered in the Commonwealth of Pennsylvania. 5. American Standard has been sued by Plaintiff Erie Insurance Group a/s/o Jeffrey Walker and Anne Walker. A copy of the original Complaint is attached as Exhibit A. 6. Third-Party Defendant International, its agents, servants, and/or employees were engaged in the bus ' iness of designing, manufacturing, marketing, selling, and/or distributing the supply line at issue in Plaintiff's Complaint. 7. American Standard has denied liability to the Plaintiff, but asserts that if held liable to Plaintiff American Standard is entitled to indemnification and/or contribution for International's negligence contributing to the loss alleged in the Plaintiff's Complaint. ME 1 1378621',5v.2 WHEREFORE, to the extent Defendant/Third-Party Plaintiff is found liable for any amount of damages to the Plaintiff, Defendant/Third-Party Plaintiff is entitled to indemnity and contribution from Third-Party Defendant for any and all such amounts, plus costs and expenses associated and incurred as a result of defending this claim. -?" ltl?? By: GL?l Dated: August 21, 2012 Mark D. Villanueva, Esq. Attorney ID No. 89892 McCarter & English, LLP BNY Mellon Center, Suite 700 1735 Market St. Philadelphia, PA 19103 mvi l lanueva@mccarter. com (215) 979-3800 (215) 979-3899 (fax) Attorneys for Defendant/Third Party Plaintiff American Standard Brands ME1 13786215v.2 VERIFICATION I, 'Brian Osias, attorney for AS America, Inc. d/b/a American Standard Brands, am duly authorized to verify that the statements in the foregoing Answer and New Matter are true and correct to the best of my information, knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904 relating to unswom falsification to authorities. Dated: 4Z, ME1 13786215x.2 CERTIFICATE OF SERVICE I Mark D. Villanueva hereby certify that on this 21S` day of August 2012, a true and correct copy of Defendant/Third Party Plaintiff's Answer, New Matter and Third Party Complaint was served by email and federal express on the following counsel of record: Stefanie Ebert Law Offices of Robert A. Stutman, P.C. 500 Office Center Dr., Suite 301 Fort Washington, PA 19034 7#VV1 &P-, Mark D. Villanueva IN THE COURT OF COMMON PLEAS COF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ------------------------------------------------------------ x ERIE INSURANCE GROUP a/s/o JEFFREY WALKER and ANNE WALKER, h/w 100 Erie Insurance Place CASE No.: 11-6565 -CIVIL TERM Erie, PA 16530-1104, PLAINTIFF'S ANSWER TO Plaintiff, NEW MATTER OF DEFENDANT/THIRD PARTY -against- PLAINTIFF AMERICAN STANDARD BRANDS CRANE PLUMBING, LLC 41 Cairns Road Mansfield, OH 44904, .fir. N .. Defendant/Third Party Plaintiff. ? rn n ------------------------------------------------------------x - ; r "= AS AMERICA, INC. d/b/a AMERICAN < c? STANDARD BRANDS =C) " C7 1 Centennial Avenue Piscataway, NJ 00885 - us Defendant/Third Party Plaintiff, -against- INTERNATIONAL IMPORTS AND DISTRIBUTION, INC. 5701 Pine Island Road Tamarac, Florida 33321, Third Party Defendant. x Plaintiff, Erie Insurance Group (`Brie") a/s/o Jeffrey Walker and Anne Walker, by and through its attorneys, Law Offices of Robert A. Stutman, P.C., as and for its Answer to the New Matter of Defendant AS America, Inc. d/b/a American Standard Brands ("American Standard"), pled as "Crane Plumbing, LLC," states as follows: PLAINTIFF'S ANSWER TO NEW MATTER IN THE FORM OF AFFIRMATIVE 42 - 58. The allegations of Paragraph's 42 - 58 constitute legal conclusions to which Plaintiff, Erie, need not respond. To the extent any portion of Paragraphs 42 - 58 of the New Matter does not constitute a legal conclusion and requires a response, Plaintiff, Erie, denies the allegations. WHEREFORE, Plaintiff, Erie, demands judgment in its favor and against Defendant on Defendant American Standard's New Matter, together with other such relief as the Court may deem appropriate. PLAINTIFF'S ANSWER TO NEW MATTER IN THE FORM OF A THIRD-PARTY COMPLAINT 1 - 7. After reasonable investigation, Plaintiff, Erie, is without knowledge or information sufficient to form a belief as to the truth of the allegation in Paragraphs 1 -7 of the New Matter. WHEREFORE, Plaintiff, Erie, demands judgment in its favor and against Defendant on Defendant American Standard's New Matter, together with other such relief as the Court may deem appropriate. LAW OFFICES OF ROBERT A. STUTMAN, P.C. ".is &X4, Dated: Q I? IZ. By: StefarU G. Ebert, Esquire 500 Office Center Drive, Suite 301 Fort Washington, PA 19034 (215) 283-1177 - Fax: (215) 283-1188 Attorneys for Plaintiffs Erie Insurance Group, als/o Jeffrey Walker and Anne Walker VERIFICATION I, Stefanie G. Ebert, Esquire attorney for Plaintiff, hereby state that I am familiar with the facts of this case and am authorized to file this Verification on their behalf. I verify that I prepared the foregoing Reply to New 'Matter based on information furnished to me by the Plaintiff. I further 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 made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: STEFANI . EBERT, ESQUIRE I, Stefanie G. Ebert, Esq., hereby certify that on this 4th day of September, 2012, a true and correct copy of Reply to New Matter of Defendant/Third Party Plaintiff AS America, Inc. d/b/a American Standard Brands Pled as Crane Plumbing, LLC. was served by first class mail on the following: Mark Villanueva, Esq. MCCARTER & ENGLISH BNY Mellon Center 1735 Market St., Ste 700 Philadelphia, Pennsylvania 19103 Counsel for Defendant/Third Party Plaintiff AS America, Inc. d/b/a American Standard Brands ("American Standard'), pled as "Crane Plumbing, LLC, INTERNATIONAL IMPORTS AND DISTRIBUTION, INC. 5701 Pine Island Road Tamarac, Florida 33321, LAW OFFICES OF ROBERT A. STUTMAN, P.C. r By: Stef G. Ebert, Esquire 500 O Center Drive, Suite 301 Fort Washington, PA 19034 (215) 283-1187- Fax: (215) 283-1188 Attorneys for Plaintiffs Erie Insurance Group, als/o Jeffrey Walker and Anne Walker IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION .- - , _, .. ,.~; - . ERIE INSURANCE GROUP a/s/o CASE NUMBER: 1 I -6565 - 4 JEFFREY WALKER and ANNE - `" WALKER, h/w, ISSUE N[1MBER: ~:~ ~-, ~~~' - ~~ ;_ _....~ Plaintiff _._ -_~ PLEADING: v. CRANE PLUMBING, LLC, Plaintiff Defendant/Third Party AS AMERICA, INC. d/b/a AMERICAN STANDARD BRANDS, Plaintiff v. Defendant/Third Party INTERNATIONAL IMPORTS AND DIS7~'RIBUTION, INC., PRAECIPE FOR APPEARAN('I~, CODE AND CLASSIFICATION: FILED ON BEHALF OF: INTERNA"I'IONAL IMPORTS AN L) DISTRIBUTION, INC., Third Party Defendant. COUNSEL OF RECORD: E. RALPH GODFREY, ESQU[RE Third Party Defendant Pa. ID# 77052 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 20l Lemoyne, PA 17043 (7 i 7) y /J-~60(i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE GROUP a/s/o JEFFREY ) CASF, NO: 11-6565 WALKER and ANNE WALKER, h,'w, ) Plaintiff 1 JURY "TRIAL DEMANDED v. CRANE PLUMBING, LLC, Defendant/Third Party Plaintiff x x AS AMERICA, INC. d/b/a AMERICAN STANDARD BRANDS, Defendant/Third Party Plaintiff v. INTERNA'CIONAL IMPORTS AND DISTRIBUTION, INC., "third Party Defendant x PRAECIPE FOR APPEARANCE TO: PRO"I'HONOTARY OF CUMBERLAND COUN"TY: Kindiy enier my appearance on behalr of the Third Party Defendant, INTi:INf~TIONAL IMPORTS AND DISTRIBUTION, INC., in the above-captioned matter. Respectfully submitted, CIP.&`WERNER, P.C. ~~~ - / 7 ~ ~ Z /~ BY: ~:'12ALPH GODFREY~SQU Attorney No. 77052 1011 Mumma Road Suite 201 Lemoyne, PA 17043 Tele: 717-975-9600 Fax: 717-975-3846 Counsel for the 'third Party Defendant, INTER~1ATInNAL IMP(>R_TS '~1I) DISTRIBUTION, INC., CERTIFICATE OF SERVICE That counsel for the Third Party Defendant, INTERNATIONAL IMPORTS AND DISTRIBUTION, INC., hereby certifies that a true and correct copy of its PRAF_,CIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the ~ --~~- ~_. day of ~C ~~ ~--~- , 2012. Stefanie Ebert, Esquire Law Offices of Robert A. Stutman, P.C. 500 Office Center Drive, Suite 301 Fort Washington, PA 19034 Mark D. Villanueva, Esquire McCarter & English, LLP BNY Mellon Center, Suite 700 1735 Market Street Philadelphia, PA 19103 BY: CIPRIANI & WERNER, P.C. E. PuALPiI SOD ~ , ESQUIRI~ Counsel for the Thi Party Defend INTERNATIONAL I ~ D DISTRIBUTION, INC. t. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE GROUP CASE No.: 11-6565 -CIVIL TERM a/s/o JEFFREY WALKER and ANNE WALKER. h/w Plaintiff, v. CRANE PLUMBING, LLC ~ ~ " Defendant/Third Part~~ Plaintiff, ~- ~ _ - i ; __ AS AMERICA, INC. d/b/a AMERICAN STANDARD BRANDS (PLED AS CRANE PLUMBING, LLC) Defendant/Third Party Plaintiff, ti~. INTERNATIONAL IMPORTS AND DISTRIBUTION, INC. Third Party Defendant. CIVIL ACTION ENTRY OF APPEARANCE To the Prothonotary: Kindly Enter r,~y Appearance as counsel for the Plaintiff, Erie Insurance Group als/o Jeffrey Walker and Anne Walker in the captioned matter. LAW OFFICES OF ROBERT A. STUTMAN, P.C`. ~, _ ourtn y E. Dolaway, Esquir 500 Office Center Drive, Suite 301 Fort Washington, PA 19034 (215) 283-1187- Fax: (215) 283-I 18i~ Attorneys for Plaintiff •Erie Insurance Groin, a/s/o Jeffrey Walker and Anne Walker R ~ ,_ CEKTIFICATE OF SERVICE L Cris Fiore, Paralegal, hereby certify that on this 26`" day of October, 2012, a true and correct copy of Reply to New ~l~lutte~• of Defendant/Third Party Pl~int~ffA S' America, Inc. dib/a American Standard Brands Pled as Crane Plumbir~,~>. 1:1,('. was served by Iirst class mail on the following: Mark Villanueva, Esq. MCCAR'TER & ENGLISH BNY Mellon Center 1735 Market St.. Ste 700 Philadelphia. Pennsylvania 19103 C'our~scl fir Defendant/Third Party Plaintiff AS America, Inc. dih,~u American Standard 13r~ands ~".American Standard"), pled as "C~°ane Plun~abing, LLC', E. Ralph Godfrey, Esq. CIPRIANI & WERNER 101 l Mumma Rd., Ste. 201 Lemoyne, PA 17043-~ 1145 Counsel fo,~° Additional Defendant American Standard Brands & ~~nter-national Imports and Dislrihution, Inc _ ~.G~_. Cris Fiore, Paralegal