The URL can be used to link to this page

Home My WebLink About11-8291NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 LEONARD E. FLETCHER 833 Ridgewood Drive Mechanicsburg, PA 17050 Plaintiff(s) V. SUBURBAN PROPANE, LP One Suburban Plaza 240 Rt. 10 West Whippany, NJ 07981 ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION NO: 11- SMI NOTICE TO DEFEND C. -: C?v? ITer? 7Z -T-1 ? rri 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 (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an 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 or any other claim or relief requested by the plaintiff. You may lose money or property 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. 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: Pennsylvania Bar Association LAWYER REFERRAL SERVICE (800) 692-7375 (PA Only) or (717) 238-6715 *4a.00pPOArry e,* foam 0'2&(014 r NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 LEONARD E. FLETCHER 833 Ridgewood Drive Mechanicsburg, PA 17050 Plaintiff(s) V. SUBURBAN PROPANE, LP One Suburban Plaza 240 Rt. 10 West Whippany, NJ 07981 ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION NO: COMPLAINT Plaintiff, Leonard E. Fletcher, by and through undersigned counsel and by way of Complaint against Defendant, hereby avers: 1. Plaintiff, Leonard E. Fletcher, is an adult individual who, at all times relevant hereto, owned and resided at the home located at 833 Ridgewood Drive, Mechanicsburg, PA 17050 (hereinafter "the premises") 2. At all times relevant hereto, Defendant, Suburban Propane, LP (hereinafter "Suburban"), was, upon information and belief, a New Jersey corporation and was regularly conducting business in the Commonwealth of Pennsylvania, County of Cumberland. 3. Defendant, Suburban, at all times relevant hereto, was in the business of, inter alia, installing, distributing, selling, maintaining, servicing and cleaning gas-fueled fireplaces and did, inter alia, install, sell, maintain and service the gas-fueled fireplace and its component parts (hereinafter "the product") at issue in this case. 4. In approximately 2003, Defendant installed the product within the premises and Defendant was the only company to service it thereafter. 5. In or about late October, 2010, Plaintiff was having problems with the pilot light for the product, including, among other things, it going out and not working properly, which led Plaintiff to contact Defendant for service, maintenance and correction of the problem. 6. On or about November 4, 2010, Defendant performed inspection of and service on the product, which involved, among other things, cleaning of the logs for the fireplace, diagnosis of the problems related to the pilot light, maintenance of the product and alleged correction of the aforementioned problems. 7. In or about December, 2010, Plaintiff noticed the accumulation of soot in his home and, upon inspection, determined the soot was originating from the product. 8. Thereafter, the product was inspected by an expert retained by Plaintiff who concluded that the product had been negligently inspected and serviced by Defendant, which allowed for the soot discharge and the damages to the premises. 9. The soot caused extensive damage to Plaintiff's real and personal property, as well as the imposition of additional expenses and hardship besides, which was directly and proximately caused by Defendant as is further and more fully described below. COUNT I-NEGLIGENCE PLAINTIFF v. SUBURBAN 10. Plaintiff incorporates herein by reference the above paragraphs as though same were fully set forth at length herein. 11. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, by and through it employees, agents, technicians, vendors, subcontractors, and/or servants, more specifically described as follows: a. failing to exercise reasonable care in the following manner: i. failing to properly and adequately supervise, monitor and/or manage the maintenance and service of the fireplace; ii. failing to properly inspect, maintain, service and/or test the fireplace; iii. failing to provide safe and adequate warnings or instructions for the product after the aforementioned service call; iv. failing to properly determine that the fireplace was not fit for its intended use; V. failing to review and/or follow the installation and care instructions for the product; and vi. failing to follow accepted industry standards for the inspection and maintenance of the fireplace. b. failing to adequately instruct, supervise and/or train servants, employees and agents as to the proper ways to perform the tasks set forth in subparagraph (a); C. failing to adequately warn Plaintiff and others of the dangers and hazardous conditions resulting from the conduct set forth in subparagraph (a) above; d. failing to provide, establish, and/or follow proper and adequate controls so as to ensure the proper performance of the tasks set forth in subparagraph (a) above; e. failing to properly monitor the work of all agents and/or employees during the performance of the tasks set forth in subparagraph (a) above to ensure compliance with applicable safety procedures; and f. failing to retain competent, qualified and/or able agents, employees or servants to perform the tasks set forth in subparagraph (a) above; 12. As a direct and proximate result of such conduct, Plaintiff sustained and incurred damage to his real and personal property, as well as the imposition of additional expenses and hardship, in an amount not in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, Suburban Propane, LP, in an amount not in excess of $50,000.00, plus costs incident to this suit, delay damages and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HORST, LLC BY: Dated: ' ' 3 VERIFICATION 1, FRANCIS GUILLEMETTE, do hereby state that I am a representative for ERIE INSURANCE EXCHANGE in the within action, and as such do hereby verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: FRANCIS GUILLEMETTE NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 LEONARD E. FLETCHER Plaintiff(s) V. SUBURBAN PROPANE, LP 77 --C c? ATTORNEYS FOR PLAII - F LEONARD E. FLETCHER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO: 11-8291 AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Richard J. Boyd, Jr., Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above captioned matter and in such capacity did have Defendant, Suburban Propane, LP, served with a true and correct copy of the Complaint by way of certified mail, return receipt number 7010 3090 0000 3281 2282. The Complaint was acknowledged by Defendant as being received on November 14, 2011 as evidenced by the executed return receipt card, a copy of which is attached hereto as Exhibit "A". NELSON LEVINE de LUCA & HORST, LLC BY: ARD E. FLETCHER anD CHARD YD JR., ESQUIRE ATTORNEYS FOR LAINTIFF LEON Dated: November 16, 2011 EXHIBIT "A" UNITED STATES PQSTAL SERVICE - Sender Please print your name, address, and 21 rt4 r; box NELSON L", f.E 06 LUCA & HORS? St 8 MWNSHIP LINE RD 3t/1TE 300 SLUE 9'i L PA 19422 I I lot ,tli,lrfill fill Is to rIf Its toll I dill it of ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the malipfe or on the front If space permits. 1. Article Addressed to:' r. IF%v IV o? to ? I ? Agent X ? Addle B. Received by (Prfnted Nam 0 1 C. Date 0Deli D. Is delkmy address different from item 1? I ? Yes If YES, enter delivery address below: ? No (4?4bL.1 -n T 0? 9a 3. Servicelype _vl ? Certified Mali ? Fxprm Mail ? Registered ? Rom Receipt for Merchancuse ? Insrxed Mail ? C.O.D. 4. Restricted Delivery? Oft Fee) ? Yes -y 2. Article Number (r,?„?,?, 701 390 0200 3?81 2282 PS dorm 3811 ebNi?ry 4 Doilie lic Return iaeoaipt 102595-024A-1540 , ::• _ MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: MARK T. RILEY, ESQUIRE IDENTIFICATION NO. 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 - fax mtriley@mdwcg.com Attorney for Defendant I„ ,LEO-' I r {lrl i" I I I P? e ,j I i' t1 U%: 1 N12 AN 23 PM 12: 1,1 CUMUE.RLAND Gout I ,i, PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW LEONARD E. FLETCHER NO.: 11-8291 V. SUBURBAN PROPANE, L.P. MOTION OF DEFENDANT SUBURBAN PROPANE, L.P. TO COMPEL PLAINTIFF'S ANSWERS TO DISCOVERY On November 22, 2011, Defendant served Plaintiff with Interrogatories, Expert Witness Interrogatories and a Request for Production of Documents. (A true and correct copy of said correspondence is attached hereto as Exhibit "A".) 2. By correspondence dated January 3, 2012, counsel for Defendant wrote to counsel for Plaintiff requesting answers to Defendant's written discovery within ten (10) days. (A true and correct copy of said correspondence is attached hereto as Exhibit "B".) 3. To date, Plaintiff has failed to provide Defendant with responses to any of the aforedescribed discovery requests. 4. Without the benefit of Plaintiffs discovery responses, counsel for Defendant is unable to conduct additional discovery, fully evaluate this matter and/or otherwise prepare for trial of this matter. 5. Defendant is severely prejudiced and unable to prepare a defense against Plaintiffs claims without answers to its discovery directed to Plaintiff. WHEREFORE, Defendant, Suburban Propane, L.P. respectfully requests that this Honorable Court enter an Order compelling Plaintiffs production of answers to Defendant's Interrogatories, Expert Witness Interrogatories and Request for Production of Documents in the form attached hereto. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Date: L#f - MARK T. RILEY, ESQUIRE Attorney for Defendant VERIFICATION Mark T. Riley, hereby states that he is the attorney for Defendant in this action and verifies that the statements made in the foregoing Motion to Compel Plaintiffs Answers to Interrogatories, Expert Witness Interrogatories and Request for Production of Documents are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to a thorities. -A? ""'? MARK T. RILEY MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: MARK T. RILEY, ESQUIRE IDENTIFICATION NO. 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 - fax mtriley@mdwcg.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW LEONARD E. FLETCHER NO.: 11-8291 V. SUBURBAN PROPANE, L.P. MEMORANDUM OF LAW IN SUPPORT OF MOTION OF DEFENDANT'S TO COMPEL PLAINTIFFS' ANSWERS TO DISCOVERY On November 22, 2011, Defendant served Plaintiff with Interrogatories, Expert Witness Interrogatories and a Request for Production of Documents. (A true and correct copy of said correspondence is attached hereto as Exhibit "A".) By correspondence dated January 3, 2012, counsel for Defendant wrote to counsel for Plaintiff requesting answers to Defendant's written discovery within ten (10) days. (A true and correct copy of said correspondence is attached hereto as Exhibit "B".) To date, Plaintiff has failed to provide Defendant with responses to any of the aforedescribed discovery requests. Without the benefit of Plaintiffs discovery responses, counsel for Defendant is unable to conduct additional discovery, fully evaluate this matter and/or otherwise prepare for trial of this matter. Defendant is severely prejudiced and unable to prepare a defense against Plaintiffs claims without answers to its discovery directed to Plaintiff. WHEREFORE, Defendant, Suburban Propane, L.P. respectfully requests that this Honorable Court enter an Order compelling Plaintiffs production of answers to Defendant's Interrogatories, Expert Witness Interrogatories and Request for Production of Documents in the form attached hereto. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 0 BY: 6f MARK T. RILEY, ESQUIRE Attorney for Defendant Date: ?? EXHIBIT "A" A REGIONAL. DEFENSE LITIGATION LAw FIRM COLEMAN 8 GOGGIN WARNER DENNEHEY LL M H rA Bethlehem D?Aw? Wilmington , c , , ARS A Doylestown Doylestown A P R O F E S S I O N A L C O R P O R A T I O N www.marshaUdennehey.com Erie Harrisburg OHIO Akron King of Prussia Philadelphia FLo=DA Pittsburgh Ft. Lauderdale 620 Freedom Business Center, Suite 300 - King of Prussia, PA 19406 Scranton port Jacksonville Tampa (610) 354-8250 - Fax (610) 354-8299 NEwJsas$x Cherry Hill NEWYORK Roseland New York Direct Dial: 610-354-8259 Email: mtriley@mdwcg.com November 22, 2011 Richard J. Boyd, Jr., Esquire NELSON LEVINE deLUCA & HORST, LLC 518 Township Line Road Suite 300 Blue Bell, PA 19422 Re: Leonard E. Fletcher v. Suburban Propane Cumberland County CCP, No.: 11-8291 Our File No.: 12180-3778 Dear Mr. Boyd: Please be advised that I have been retained to represent Suburban Propane, L.P. in the above matter. A copy of my Entry of Appearance is enclosed. Please let this letter serve as a request for a reasonable extension of time within which to answer Plaintiffs Complaint. Unless I hear from you to the contrary, I will assume that you have no objection to granting this request. In the meantime, I enclose Interrogatories, Expert Witness Interrogatories and a Request for Production of Documents directed to the Plaintiff. Kindly provide answers to these discovery requests within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure. I thank you for your anticipated courtesy regarding all of the above and I look forward to hearing from you Very truly yours, c?G Mark T. Riley MTR/mk Enclosures 26/1817482.v1 EXHIBIT "B" • A REGIONAL DEFENSE LITIGATION LAW FIRM MARSHALL, DENNEHEY WARNER COLEMAN 8 GOGGIN n. Bethle vAlvrw l t Darungton W ilmington Doy own s A P R O F E S S I O N A L C O R P O R A T I O N www.marshaUdennehey.com Eric Harrisburg OHIO Akron King of Prussia Philadelphia FLORMA Pittsburgh Ft. Lauderdale 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 Scranton Jacksonville (610) 354-8250 • Fax (610) 354-8299 NswJERSEY Tampa Cherry Hill NswYCRK Roseland New York Direct Dial: 610-354-8259 Email: mtriley@mdwcg.com January 3, 2012 Richard J. Boyd, Jr., Esquire NELSON LEVINE deLUCA & HORST, LLC 518 Township Line Road Suite 300 Blue Bell, PA 19422 Re: Leonard E. Fletcher v. Suburban Propane Cumberland County CCP, No.: 11-8291 Our File No.: 12180-3778 Dear Mr. Boyd: Upon reviewing my file, I note that Plaintiffs answers to Defendants' discovery requests are now overdue. Kindly forward same within ten (10) days so that a Motion to Compel them will not be required. I thank you for your anticipated courtesy and I look forward to hearing from you. Very truly yours, Mark T. Riley MTR/mk 26/1839913.v1 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: MARK T. RILEY, ESQUIRE IDENTIFICATION NO. 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 - fax mtriley@mdwcg.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW LEONARD E. FLETCHER NO.: 11-8291 V. SUBURBAN PROPANE, L.P. CERTIFICATE OF SERVICE MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant's Motion to Compel Plaintiffs Answers to Discovery and Memorandum of Law were forwarded to counsel on January 18, 2012 and said documents were sent first class mail, postage prepaid, to the last known address of the other parties or their representatives. Richard J. Boyd, Jr., Esquire NELSON LEVINE deLUCA & HORST, LLC 518 Township Line Road Suite 300 Blue Bell, PA 19422 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN AI BY: ARK T. RILEY, ESQUIRE Attorney for Defendant MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: MARK T. RILEY, ESQUIRE IDENTIFICATION NO. 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 - fax mtriley@mdwcg.com Attorney for Defendant C--) a C'.: r C.3 ? T? C-) 3 x C-, iCc:) ... O r111 i, C . .. LO IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW LEONARD E. FLETCHER NO.: 11-8291 V. SUBURBAN PROPANE, L.P. DEFENDANT'S PRAECIPE TO WITHDRAWAL MOTION TO COMPEL TO THE PROTHONOTARY: Kindly withdraw Defendant's Motion to Compel Plaintiffs Answers to Discovery as moot, the original of which was filed with the Court on or about January 18, 2012. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: MARK T. RILEY, ESQUIRE Attorney for Defendant DATE: February 17, 2012 26/1885127.0 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: MARK T. RILEY, ESQUIRE IDENTIFICATION NO. 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 - fax mtriley@mdwcg.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW LEONARD E. FLETCHER NO.: 11-8291 V. SUBURBAN PROPANE, L.P. CERTIFICATE OF SERVICE MARK T. RILEY, ESQUIRE, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant's Praecipe to Withdrawal Motion to Compel Plaintiffs Answers to Discovery was forwarded to counsel on February 17, 2012 and said documents were sent first class mail, postage prepaid, to the last known address of the other parties or their representatives. Richard J. Boyd, Jr., Esquire NELSON LEVINE deLUCA & HORST, LLC 518 Township Line Road Suite 300 Blue Bell, PA 19422 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ill, A MARK T. RILEY, ESQUIRE Attorney for Defendant ?CcNt?/?? IN THE COURT OF COMMON PLEAS 01 ORN COUNTY, PA CIVIL ACTION - LAW LEONARD E. FLETCHER V. SUBURBAN PROPANE, L.P. NO.: 11-8291 ORDER AND NOW, this day of /104- "?'' , 2012 it is hereby ORDERED and DECREED that Plaintiff shall provide Defendant Suburban Propane, L.P. with complete copies of its responses to Interrogatories, Expert Witness Interrogatories and Request for Production of Documents within twenty (20) days from the date of this Order. BY THE COURT: c`1 (= c--.:) q -v z ;:::; ? C' , ,e, Iey. 26l1915084.v1 MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN BY: MARK T. RILEY, ESQUIRE IDENTIFICATION NO. 49427 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 (610) 354-8259 (610) 354-8299 - fax mtriley@mdwcg.com Attorney for Defendant VIAR 23 I it 2: ' v CUMBERLAND (;GL:°? j PENNSYL4rANI IN THE COURT OF COMMON PLEAS OF H 04 COUNTY, PA CIVIL ACTION - LAW LEONARD E. FLETCHER NO.: 11-8291 v. : SUBURBAN PROPANE, L.P. ,r ORDEyGR? AND NOW, this 2?( day of 2012, pursuant to the filing of Defendant's Praecipe to Withdrawal the Motion at issue, the Order of March 6, 2012 is hereby VACATED. BY THE COURT: HONORABLE ALB RT H. MASLAND ?? A eta ryt A) • C?Cr IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW LEONARD E. FLETCHER NO.: 11-8291 V. SUBURBAN PROPANE, L.P. ORDER AND NOW, this i ? day of 14" , 2012 it is hereby ORDERED and DECREED that Plaintiff shall provide Defendant Suburban Propane, L.P. with complete copies of its responses to Interrogatories, Expert Witness Interrogatories and Request for Production of Documents within twenty (20) days from the date of this Order. BY THE COURT: J. MW :zm 7-0 ~ p C 1 . :r IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PA CIVIL ACTION - LAW LEONARD E. FLETCHER NO.: 11-8291 V. : SUBURBAN PROPANE, L.P. zM E A ra 71=, - G 7, ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above matter(49?) Discontinued and Ended" upon payment of your costs only. NELSON LEVINE deLUCA & HORST, LLC . Boyd,-Jr 26l1918286.v 1 12180-3778