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HomeMy WebLinkAbout12-5215a . p D-O FI^Lo L. c i P AC T H CN-O TARY Johnso n, Duffle, Stewart & Weidner By: Ulys ses S. Wilson 2":2 r,- ; 2 ( AM 11: 37 I.D. No. $12598 Attorneys for Plaintiffs 301 Mar ket Street - _F,L)L.RLAND COUNTY P. 0. Bol a 109 f`ti-7NNSYLVANIA Lemoyn e, Pennsylvania 17043-0109 (717) 76 1-4540 usw@jd.- ;w.com ERIE I SURANCE EXCHANGE a/s/o IN THE COURT OF COMMON PLEAS OF RICHA D JONES and MARY JONES, CUMBERLAND COUNTY, PENNSY VANIA and RI JONES HARD JONES and MARY i di id l n - Sal S I'v'/ I NO s n v ua s, o . Plaintiffs V.' HHGREbG APPLIANCES, INC., Defendant NOTICE CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forthl 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. Y DU 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 FFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. I YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PR VIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL ERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone: 717-249-3166 01()3.'7s pd 0? cl* 12-4 o'l -7 9 (P AVISO YSTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las dernandas que se presentan m6s adelante en las siguientes paginas, debe tomar acci6n entro de los proximos veinte (20) dias despues de la notificaci6n de esta Deman a y Aviso radicando personalmente o por medio de un abogado una compar cencia escrita y radicando en la Corte por escrito sus defensas de, y objecci nes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin uste y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra rec amacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros de echos importantes para usted. STED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDI TAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIE TE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBL QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENC AS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone: 717-249-3166 F _ 1)-0F FILE .'k' 0 i iIOIy0TAP, fi. Johnso , Duffle, Stewart & Weidner By: Uly ses S. Wilson I. D. No. 312598 301 Market Street P. O. Box 109 Lemoyn , Pennsylvania 17043-0109 (717) 7 1-4540 usw@jdsw.com A' r Attorneys for Plaintiffs;?jq M8I- BLAND COUNTY ->EwisyLVANIA ERIE I SURANCE EXCHANGE a/s/o RICHA D JONES and MARY JONES, and RICHARD JONES and MARY JONES s individuals, Plaintiffs v.. HHGREOG APPLIANCES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLIANT AND NOW, come the Plaintiffs by and through their attorneys, Johnson, Duffie, Stewart and Weidner and in support of their Complaint respectfully avers the following: 1. Plaintiff Erie Insurance Exchange ("Erie"), as subrogee of Richard Jones and Mary Jones, is a Pennsylvania insurance company with a place of business located at 49011 Louise Drive, Rossmoyne Business Center, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2.' Plaintiffs Richard Jones and Mary Jones ("Mr. and Mrs. Jones"), are individuals currently residing at 5800 Westbury Drive, Enola, Pennsylvania 17025-3317. 3., The Defendant, hhGregg Appliances, Inc. ("hhGregg") is an Indiana business entity with its principal place of business located at 4151 East 96th Street, Indianapolis, Indiana 46240. 4. On August 31, 2010, Mr. and Mrs. Jones purchased a refrigerator from Defendant's store located at 5800 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 5'k At the same time, Mr. and Mrs. Jones purchased a "braided water connection kit" necessary for proper installation of the refrigerator. 6i Mr. and Mrs. Jones also engaged Defendant for the delivery and installation of the purchased refrigerator. 7? On September 1, 2010 hhGregg installed, or contracted to have installed, the purchased refrigerator in Mr. and Mrs. Jones' home. 8 The refrigerator was installed without the braided water connection kit, which caused the refrigerator to leak water throughout the kitchen of Mr. and Mrs. Jones' residence. 9.i On September 2, 2010, Mr. and Mrs. Jones shut off the water supply to the refrigerator and called Defendant and informed them of the leak. 10. On September 3, 2010 Defendant sent two (2) employees to the Jones' residence to evaluate and diagnose the problem. 11. Defendant employees stated that the braided water connection kit needed to be installed to prevent leaking. 12. On September 4, 2010, Mr. and Mrs. Jones went to hhGregg where they had purchased the refrigerator and spoke to employee Mary Beth Frye about the matter. 13. Mary Beth Frye followed Mr. and Mrs. Jones to their home to complete the refrigerator installation with the braided water connection kit. 14. The refrigerator was installed improperly, which caused it to leak water, severely damaging Mr. and Mrs. Jones' residence. 1$. The leak from the refrigerator damaged and/or required the replacement or repair of flooring, baseboards, drywall, cabinets, and appliances in the kitchen, hallway,ll bathroom, pantry, living room, and dining room. 10. A local company was called to dry out the affected areas in order to mitigate the damage. 17. As a result of the leak, Erie was required to pay $23,756.56. 1$. The Jones' were required to pay a $500.00 deductible as a result of the leak. COUNT I - NEGLIGENCE Erie Ins0rance Exchange a/s/o Richard Jones and Marv Jones and Richard Jones and Marv Jones, as individuals v. hhGreaa Appliances, Inc. 19. Paragraphs 1-18 are incorporated by reference herein as if set forth in full. 20. Due to Defendant's negligent installation of Mr. and Mrs. Jones' refrigerator, Mr. and Mrs. Jones' residence was damaged. 21. The negligence of Defendant consisted of: a. Carelessness and inattentiveness during the installation of Mr. and Mrs. Jones' refrigerator; b. Failure to ensure that all parts and components of Mr. and Mrs. Jones' refrigerator were installed properly; C. Failure to complete the installation with the requisite level of workmanship; d. Failure to ensure that the installation was complete; e. Failure to ensure that the refrigerator and all of its components were in proper working order following the installation; f. Reckless disregard for Mr. and Mrs. Jones' property by knowingly failing to fully, completely and competently install Mr. and Mrs. Jones' refrigerator; and g. Failure to exercise reasonable care during the installation of Mr. and Mrs. Jones' refrigerator. V?HEREFORE, Plaintiffs demand judgment against the Defendant hhGregg in an amount $24,256.56. COUNT II - VICARIOUS LIABILITY an and Marv Jones, as individuals v. hhGrean Appliances, Inc. 22. Paragraphs 1-21 are incorporated by reference herein as if set forth in full. 23. The improper installation of the refrigerator which caused the damage to Mr. and' Mrs. Jones residence was performed by Mary Beth Frye, an employee of the Defendant. 214. Defendant's employee was acting within the scope of her employment at all times that she was at Mr. and Mrs. Jones' residence, including during the installation of the refrigerator on September 4, 2010. 25. The negligence of Defendant's employee caused damage to Mr. and Mrs. Jones' residence. 26. The negligence of Defendant's employee consisted of: a. Carelessness and inattentiveness during the installation of Mr. and Mrs. Jones' refrigerator; b. Failure to ensure that all parts and components of Mr. and Mrs. Jones' refrigerator were installed properly; C. Failure to complete the installation with the requisite level of workmanship; d. Failure to ensure that the installation was complete; e. Failure to ensure that the refrigerator and all of its components were in proper working order following the installation; f. Reckless disregard for Mr. and Mrs. Jones' property by knowingly failing to fully, completely and competently install Mr. and Mrs. Jones' refrigerator; and g. Failure to exercise reasonable care during the installation of Mr. and Mrs. Jones' refrigerator. WHEREFORE, Plaintiffs demand judgment against the Defendant hhGregg in an amount $24,256.56. COUNT III - STRICT LIABILITY (in the alternative) § 402A RESTATEMENT 2d OF TORTS Insurance Exchange a/s/o Richard Jones and Marv Jones and and Marv Jones, as individuals v. hhGrega Appliances. Inc. 27. Paragraphs 1 - 26 are incorporated by reference as if set forth herein. 20. Defendant is strictly liable to the Plaintiffs based on, but not limited to, the following particulars: a. Defendant is in the business of selling refrigerators; b. Defendant sold a refrigerator that was in a defective condition and was unreasonably dangerous for its intended use; C. Said refrigerator arrived in the hands of its ultimate consumer user, Mr. and Mrs. Jones, without substantial change in the way it was sold ; and d. Said refrigerator failed and caused property damage to the Jones's residence. 20. Based upon the foregoing, Defendant is strictly liable to Plaintiffs under the prindiples of the Restatement (2nd) of Torts, § 402A. WHEREFORE, Plaintiffs demand judgment against the Defendant hhGregg in an amount $24,256.56. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Ulysses S. Wilson I.D. No. 312598 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs VERIFICATION The undersigned says that the facts set forth in the foregoing complaint are true and correct. I This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating o unsworn falsifications to authorities. Date: ?- :507851 Francis Guillemette Subrogation Specialist II Erie Insurance ~~'ILI_IA14I .I. FERREN & .ASSOCIATES I3v: Daniel M. Brown, Esquire Attornev Identi~tication No. 59638 ] 0 Sentry Parkway. Suite 30I Blue I3ell. PA 1 q42=' (Z1~) 2"7--I7]6 I;RII; NISIIRANCE EXCHANGE a/s/o RICI IARD .!ONES and MARY JONES and RIC_'I I.ARL) ,iONF:S and MARY JONES as iliditiidual:~ Plaintiffs, ~. ILH. t;Ri-]~;rG APPL[ANCES, INC., Defendant Attorney for Defendant.. H.H. Gregg Appliance,. I~ic. COURT OF COMMOIv.~ PLEAS CUMBERLAND COL wTY NO. 12-521> ~ ,~-.a Civil Action - La~~ . _ :~: ~.7 .._ F.NTR`t' OF APPEARANCE AND DEMAND FOR JURY TRIAL; "I~O ~lIIF. PROTHONOTARY: Kindly enter my appearance as attorney for Defendant, H.II. GREGG APP! IA`~ICES, INC.. in thL above-captioned matter. DetT,~ndant H II. GREGG APPLIANCES. INC.. oy and throu~~h its under~i,~.ne~l counsel, herer~ demands a trial by a jury of twelve. ,.~ WILLIAM J'FEI~KEN & ASS~~IA1'ES i ~,;'.` By: ~'~~. Danie ~ r~wn, squire Attorney fo~Defe~dant I-I. H. Gregg A,ppli'~ices, In,. ~~~_ . - ~ i WILLIAM J. FERREN & ASSOCIATES , By: Daniel M. Brown, Esquire ~ `Attorney for Defendant, Attorney Identification No. 59638 ,, , .:;_ ,. - • • M•:H. Gregg Appliances, Inc. 10 Sentry Parkway, Suite 301 ~ ' Blue Bell, PA 19422 (215) 274-1716 ERIE INSURANCE EXCHANGE, a/s/o RICHARD JONES and MARY JONES and RICI~ARD JONES and MARY JONES v. H.H. GREGG APPLIANCES, INC. v. PROTEGE DELIVERY, INC. 790 FLETCHER DRIVE, SUITE 104 ELGIN, IL 60123 NOTICE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-5215 You have been sued in Court. If you wish to defend against the claims set fiorth 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 withi~ut furkher notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintif~f~ You may lose mone~~ or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVt=: A LAWYF,R OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORT{-[ BF_,LOW TO FIND OUT WHERE YOU CAN GET (_F?GAL HELP. AVISO I,e hen demandado a usted en ]a corte. Si used quiere defenderse de estas demandas espuestas en las paginas siquientes, used tiene veinte (20) dies de plazo al partir de la techa de la demanda y la notification. Hate falta asentar una comparencia escrita o en persona o con un abogado ~~ entregar a la corte en forma escrita sus defenses o sus objectiones a las demandas en contra de su persona. Sea avisado qui si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder. LI.,I:VE I~STA DEMANDA A UN ABOGADO IMMEDIATAMENTS. SI NO T1ENE ABOGAC-O O SI NO 'TIENE EL DII~lERO SUFICIENTE DE PAG,AR 'TAL SERVI(~1O. VAYA EN PERSONA O LLAMEPOR TELEFONO A LA OFICIN.A CIJYA DIRECCION S~; k=,NCUENTRA ESCKITA ABAJO PARA AVERIGUAR DONDE SE PURDF., CONSEQUIR. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 .` WILLIAM J FERREN & ASSOCIATES By: Danif~l M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 ERIE INSURANCE EXCHANGE, a/s/o RICHARD JONES and MARY JONES and RICHARD JONES and MARY JONES v. H.H. GREGG APPLIANCES, INC. v. PROTEGE DELIVERY, INC. 790 FLETCHER DRIVE, SUITE 104 ELGIN, IL 60123 Attorney for Defendant, H.H. Gregg Appliances, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-5215 JOINDER COMPLAINT OF DEFENDANT, H. H. GREGG APPLIANCES, INC., AGAINST PROTEGE DELIVERY, INC. 1. The plaintiffs instituted this action by filing a complaint on or about August 21, 2012, seeking to recover damages they allegedly sustained due to water that leaked from a refrigerator H.H. Gregg Appliances, Inc. had sold to Mr. and Mrs. Jones. A true and correct copy of the plaintiffs' complaint is attached hereto, made a part hereof and market Exhibit "A." 2. Joining defendant was served with the plaintiffs' complaint on or about October 3, 2012. 3. The refrigerator that the plaintiffs claim leaked and caused the subject property damage was delivered and installed by the additional defendant, Protege Delivery, Inc., by and through its agents, servants, workmen and/or employees. 4. The additional defendant delivered the subject dishwasher and installed it pursuant to a written agreement it had entered into with the defendant. A true and correct copy of the written agreement is attached hereto, made a part hereof and marked E=xhibit "B." 5. It is believed and therefore averred that the incident which forms the basis of the plaintiffs' complaint was caused by the negligence and/or carelessness of the additional defendant, by and through its agents, servants, workmen and/or employees. 6. If the incident referred to in the plaintiff's complaint occurred as alleged, which is specifically denied, then the additional defendant is alone and solely liable to the plaintiffs for the damages, losses and/or expenses the plaintiff has allegedly suffered. WHEREFORE, joining defendant demands judgment against Protege Delivery, Inc. COUNT I NEGLIGENCE 7. The joining defendant hereby incorporates by reference its allegations in paragraphs 1 through 6 as if same were fully set forth at length herein. 8. The damages allegedly sustained by the plaintiffs were caused by the negligence and/or carelessness of the additional defendant, by and through its agents, servants, workmen and/or employees. 9. The negligence and/or carelessness of the additional defendant, by and through its agents, servants, workmen and/or employees, consisted, inter olio, in: a. failing to properly install the subject refrigerator; b. failing to properly connect the water lines; c. failing to properly tighten the connections to the water lines; d. failing to adequately and/or properly inspect and/or test the installation; e. failing to use the braided water connection kit when installing the refrigerator: f. failing to follow the installation instructions; g. failing to exercise the requisite degree of care in the installation of the subject refrigerator; h. failing to follow the instructions to safely and properly install the subject refrigerator; i. failing to exercise that reasonable degree of care, skill and foresight with the standards in the industry; and j. otherwise failing to exercise due care under the circumstances. 1 G. The additional defendant is alone and solely liable to the plaintiffs for the damages, losses and/or expenses the plaintiffs have allegedly suffered. 11. If any liability is judicially determined against joining defendant.. with all such allegations being specifically denied, then it is averred that additional defendant is liable over to joining defendant by way of indemnification or contribution and/or is jointly and severally liable with joining defendant. WHEREFORE, joining defendant demands judgment against Protege Delivery, Inc. COUNT II BREACH OF CONTRACT 12 The joining defendant hereby incorporates by reference its allegations in paragraphs 1 through 11 as if same were fully set forth at length herein. 13 Included in the subject written agreement between the joining defendant and the additional defendant was an agreement that the additional defendant would indemnify, defend and hold the defendant harmless from all liability or cause of action resulting from or relating to the agreement for any act or omission of the additional defendant. See Exhibit "B." 14. The defendant is owed a defense and indemnification from ti-ie additional defendant in this action. 15. The additional defendant is obligated to defend, indemnify and/or hold harmless the defendant. 16. The additional defendant has failed to defend, indemnify and/or hold harmless the defendant. 17. The additional has breached the agreement with the defendant. 18. The defendant has incurred expenses and costs and will continue to incur such damages and may be exposed to damages for the claims being made against it. WHEREFORE, joining defendant demands judgment against Protege Delivery, Inc. WILLIAM .D. F~RREN & ASSOCIATES JJ l i``~ B1 v~ ~r ~ /~ ro Attorney~For dndan~t~~, VERIFICATION I, Michael Stout, verify that the statements made in the foregoing joinder complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S./a. Section 4904, relating to unsworn falsification to authorities. Michael Stout EXHIBIT "A" Johnson, Duffle, Stewart & ~1leidner By: Ulysses S. Wilson I.D. No. 312598 3111 A~farket Street F'. O. Box 109 Lemoyne, Pennsylvania 17043-(1109 (717) 761-4540 uswCrJjdsw. com Attorneys far Plaintiffs t~s } r-., - _ ~. ri~~j ~~ /+?s 7 ~;Tl ~i ~ ~ ,~; c~ _~ ~, r- - ~ _~ r~ _ -~ -., ':~. c- -~ ~J L,a~ ERIE INSURANCE EXCHANGE_ alslo IN THE COURT OF COMMON PL.I-AS 01= RICHARD JONES and MARY JONES, CUMBERLAND COU~]TY, PENNSYL NIA and RICHARD JONES and MARY ~ ~y~~ r JONC.S as individuals, NO. 1 ~` ' `~~( Plaintiffs •,i . CIVIL ACTION - LA1,N JURY TRIAL DEIIrIANDED F;HGREGG APPLIANCES, INC., Defendant NOTICE YOU HAVE BEEN SUED [N 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 ttte Court your defenses or objections to the claims set faith against you. You are warnE:d 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 b~~ the Plaintiffs. You m.~y lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF 'Y'OU DO NOT NAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH fNI=ORMATION ABOUT HIRING A LAWYER. i% YOU CANNOT AFFORD TO HIRE A LAWYER, TFIiS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL. SERVICE=S TO ELIGIBLES PERSONS ATA REDUCED FEE OR NO FEf=. Cumberland County Bar Association 3.2 South Bedford Street Carlisle, Pennsylvania Telephone: 717-249-,3166 A1/ISC} LISTED HA SIDO DEMANDADOIA EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en u~as siguientes paginas, debe #omar action dentro dE; los proximos veinte (20) dlas despues de la notification de esta Demanda y Av4so radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas prE:sentadas aqui en contra soya. Se le advierte de que si usted falls de tomar action como se describe anteriormente, el case puede praceder sin usted y un fiallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamation o remedio soiicitado por el demaridante puede ser dictado en contra soya por 1a Corte sin mas aviso adicional. Usted r~uede perder dinero o prapiedad u otros derechos importances pare usted. LISTED DEBE LLEVi~R ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LP, SiGUIENTE OF1C[NA. ESTA OFlCINA PUEDE PROVEERLE INFORMACION .A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE P,4GAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA 01=fC4NA LE PUEDA PROVEER INF'ORMACfON SOBRE AGENCIA,S QUE: OFREZCAN SERVIGIOS LEGALES S!N CARGO O BAJO Cc~STO A PERSONAS QU3= CUALIFIGAN. Cumberland County Bar Association ~~2 South Bedtord Street Carlisle, Pennsylvania Telephone: 717-249-3166 Johnson, Duffle„ Stewart & Weidner By: Ulysses S. Wilson I. D, No 312598 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-{1109 17} 761-4540 usw ~jdsw.com ERIE INSURANCE EXCHANGE a/s!o RICHARD JONES anti MARY JONES, and RICHARD JONES and MARY JONES as individuals, Plaintiffs ~~ NHGREGG APPf_IANGES, INC., Defendant Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS 01= CUMBERLAND COUNTY, PENNSYE_VANIA NO. CIVIL ACTION - LAVV JURY TRIAL DEMANDED COMPLEaNT ,AND NOW, come the Plaintiffs by and through their attorneys, Johnson, Duffle, Stewart and Wei<;ner and in support of their Complaint respectfully avers the following: ", . Plaintiff Erie Insurance Exchange ("Erie"}, as subrogee of Richard Jones and Mary Jones, is a Pennsylvania insurance company with a place of business loca#ed at 4301 Louise Drive, Rossmoyne Business Center, Mechanicsburg, Cumberland County, Pennsylvania 17055. ~. Plaintiffs Richard Jones and Mary Jones ("Mr. and Mrs. Jones"}, are individuals currently residing at 5800 Westbury Drive, Enola, Pennsylvania 1?025-3317. }. The Defendant, hhGregg Appliances, Inc. ("hhGreggn} is an Indiana business entity with its principal place of business located at 4151 Eas# g6rr' Street, indiainapolis, Indiana 4B240. 4. On August 31, 20'10, Mr. and Mrs. Jones purchased a refrigerator from Defiendant's store located at 5$00 Carlisle Pike, Mechanicsburg, Pennsylvania ~ r 0~0. ;. At the same time, Mr. and Mrs. Jones purchased a "braided ~~iater connection kit" n~;cessary for proper installation of the refrigerator. {~ Mr. and Mrs. Jones alsc engages! Defendant for the deliv~^ry and installation of the purchased re#rigerator. r . On September 1, 2010 hhGregg installed, or t,ontracted to have installed, the p~_irchased refrigerator in Mr. and Mrs. Jones' home. 8. The refrigerator was installed without the braided water connection kit, whici-F caused the refrigerator to leak water throughout the kitchen of Mr. and Mrs. Janes' residence. ;. qn Sep#ember 2, 7.010, Mr. and Mrs. Jones shut off the water supply to the refrigerator and called Defendant and informed them of the leak. 10. On September 3, 2010 Defendant sent two {2) employees to the Jones' residence to evaluate and diagnose the problem. 1. Defendant employees stated that the braided water connection kit needed to be installed to prevent leaking. i2. On September 4, 2010, Mr. and Mrs. Jones went to hhGregg where they had purchased the refrigerator and. spoke to employee Mary Seth 1=rye ak3out the matter. 13. Mare Beth Frye followed Mr. and Mrs...)ones to their home to complete the refrigerator installation with the braided water connertion kit. 1~i_ The refrigerator was installed improperly, which caused it to lean: water, severely damaging Mr. and Mrs. ,Jones' residence. 15. The leak from the refrigerator damaged and/or required the replacement or relaair of flooring, baseboards, drywall, cabinets, and appliances in the kitchen, hallway, bathroom, pantry, living ~~oom, and dining room. tJ. A local company was called to dry out t}~e affected areas ire order to rr?itigate the damage. 7. As a result of the leak, Erie was required to pay $23,755.56. 8. The Jones' were required to pay a $500.00 deductible as a result of the leak. Ct)UNT ! -NEGLIGENCE Erie Insurance Exctlange alsla Richard Jones and Mary Jones and Richard Jones and Marv Jones, ~s individuals v. hhGregq A~gpliances,_Inc. ~19. Paragraphs 1-18 ara incorporated by reference herein as if set forth ir, full. 20. Due to Defendant's negligent instaliation of Mr. and PJirs. Jones' refrigerator, Mr. and Mrs. Janes' residence was, damaged. 21. The negligence of C)efendant consisted of; a. Carelessness and inattentiveness during the install;~tion of dir. and Mrs. Jones' refrigerator; b. Failure to ensure that ail parts and components of Mr. and Mrs. Jones' refrigerator were installed properly; c. Falure to complete the installa#ion with the requisite level of workmanship; d. Failure to ensure that the installation was complete; e. Failure to ensure that the refrigerator and all of its components were in prop~ar working order following the installation; f. Reckless disregard for Mr. and Mrs. Jones' property by knowingly failing to fully, completely and competently install Mr. and Mrs. Janes' refrigE=rotor; and g. Failure to exercise reasonable care during the installation of Mr. and Mrs. Jones' refrigerator. WHEREFORE, Plaintiffs demand judgment against the Defendant hhGregg in an at~tount $24.256.:6. C®UNT II -VICARIOUS LIABIt_ITY Erie insurance Exchange als/o Richard Jones and Marv J®nes and Richard J®nes anti llAary Jones, as individuals v. hhGrersg Appliances, inc. 12. Paragraphs 1-21 are incorporated by reference herein as if set forth in full. 23. The improper installation of the refrigerator which caused the damage to El+lr. and Mrs. Jones residence was performed by Mary Seth Frye, an employee of the Defendant. 24. Defendant's employee was acting witl'~in the scope of her empic}+menf at all times that she was at Mr. and Mrs. Jones' residence, including during the installation of the refrigerator on September 4, 2010. ?5. The negligence of iefendant's employee caused damage to Mr. and Mrs. Jcnes' residence. ?6. The negligence of C}efendant's employee consisted of: a. Carelessness and inattentiveness during the installation of Mr and Mrs. Jones' refrigerator; b. Failure to ensure that all parts and components of Mr. and Mrs. Jones' refrigerator were installed properly; c. Failure. to complete the installation with the requisite level of workmanship; d. Failure to ensure that the installation was complete; e. , i=allure to ensure that the refrigerator and all of its components were in proper working order following the installation; f. Reckless disregard for Mr. and firs. Jones' property by knowing~,r failing to fully, completely and competently install Mr. and Mrs. Jones' refrigerator; and t g. Failure to exercise reasonable care during the installatiait of Mr. and Mrs. Jones' refrigerator_ '.NHEREFORE, Plaintiffs demand judgment against the Defendant hhGregg in an amount $24,256.:56. CC3U1~tT Ill -STRICT LIABILITY (in the al#erna#ive) § 402A RESTATEMENT 2d OF Tt~RTS Erie Insaarance Exchange als/o Richard Jonss and_ Mary Jones and Richard Janes and Marti Jones, as indivitluais v._hhGregg Appliances, Inc, :?_7. Paragraphs 1 - 26 are incorporated by reference as if set forth herein. 28. Defendant is strictly liable to the Plaintiffs based on, but not limited te, the fopoUring particulars: a. Defendant is in the business of selling refrigerators; b. Defendant sold a refrigerator that was in a defective condition and was unreasonably dangerous far its intended use; c. Said refrigerator arrived in the hands of its ultimate consumer user, Mr. and Mrs. Jones, without substantial change in the way it was sold ;and d. Said refrigerator failed and caused property darr~age to the Jones's residence. 29, Based upon the foregoing, Defendant is strictly liable to Plaintiffs under the principles of the Restatement (2~d) of Torts, § 4Q2A_ WHEREFORE, Plaintiffs demand judgment against the Defendant hhGregg in an a~tount $24,256.56 Respectfully submitted, JOHNSON, DUFFIE, STEWVART & VVEIDNE~R ~,~ _~~ rt, Ulysses S. Wilson 1.D. No. 312598 301 tularket Street P. O. Box 10'9 Lemoyne, Pennsylvania 17043-ti10J (717} 761-4540 Attorneys for Plaintiffs VERI~ICAT[dN The Lindersigned says that the facts set forth in the foregoing complaint are truE and corre~~t. This verification is made subject to the penalties of 18 Pa.. C.S,A. § 490~i, relating to unsworn falsifications to authorities. I _._ _._ _ _ , .: r ~ ~- _ . ,. ~- Date: _ r'/~ ~ ,f _ r' ~~_ , ~, ~ ~ ~ ~ ~X.~r:: - ~~ .g - ~------ ~~ Francis Guiifemette Subrogation Specialist 11 Erie Insurance X07851 EXHIBIT "B" i DIT,IVER'S' AND lNST.ALI,ATI()N SER~'ICE,S AGRFEM~N'T' l~H[S AGRt~EMEN"f~ is made the 11th day o1'Febn,ary. 2010_ by and k~etween P~-ot~e. De3ivery, Inn... a Michigan Corporation. maintaining offices at 790 Fletcher C)rive, ~uil,^~ r i04, E-gin, Illinois 60123 ("hrucker-'j and Gre~gAppliances, fnc_, --m Indiana C'urporation. maintaining offiees at 4151 East 96'~ Street. Indianapolis, Indiana 4ii24Q ~ laregg appliances. Inc.'~7- ~Ul"hN ISSE~hH ~:b'HERI=AS, Gregg Appliances, Inc. desi,-es that Trucker provide delivery, installation, ~md shuttle sere~ice ~•etwecn poi,-~ts within the State of Pennsyh~ania: ar.,d VJFIi=,€~EAS. ~T~ruclcer de>ires to pro~'ide said deli~~c~r~~, installation, and shuttle service 't,r.tween poirsts within the Stale of~ Pennsylvania: as Gregg Appliances, Inc. may reuue~~!: NOW T]-IER}~FORE_ t~or the reasons set I~,th above, and in consideration of the mutual rnver,nts and promises herein. Greg Ap}~hances. Inc. and ~~rucker agree. as foflo~',rs~ ~C'FRM A~:V[) TERM]NA~3~IC}N. Tile initial term cif this Agreement shall be one year c~_,mmencing on the 15ih day of Aprfl, ?U]Q t,nd it shall coniintie inde(3nitely ti~ere3ft~,~ ,rovided that either party may tertninaie this Agreement after the initial term at ar.,v hmc ,and tier any or no reason upon thin}' (30) days prior ~~aritte,t notice to the other party. _'. SERVICES., (a) Gregg Appliances. Inc. agrees to tender n~terchandise (the "~YSerchandise 1 to "I'n,cket' fbr delivery, installation. a,td/or shuttle service. and ~hruck: r agrees to pick up the Merchandise at such ti,l~e and p?aces as Gregg Appliances, inc. n.a~ *eyues. and to promptly d~iiver at~dior transport the A~Terehai,dise. ttccc,rding to agrees! u~~ ~in~° sc•hedulcs_ to tl,e respective destinations designtttc~i by Grc~~g Appliances. Inc. ;bl Gregg Appli~tnces_ Inc. agri.es chat it shall tender a,~~inimum o#~ 0 deliveries o1~ '~,len.handis~: to l rus~ker during each vea~ that this :~ktreemern is in of sect. unless ~~-eve--rated horn doing so under Sectio« I 1 herein. (c) Trucker shall provide all necessan~ qualified tlr,~-ens and helpers suitabl~; uniit~rme<1, furnish all supplies. tools and material handli,tg egr,ip,nenl and bearalL costs necessary for tht efficient delivery and installation of [he Merchandise and the proper perfonnanc~° ~~~#'the servic,;s set forth herein. fu) Trucker shall Ioadlunload, deliver and install the ivlerchundise at the time of deliver, when permir:ed to do so by local codes and regulations. When instructed to do so tzy (:rrcgg Appliances, Inc.. "f n,cker shall pic4~ up returned, repossessed tx trtde-in ~;,erchandisc_ and return these emits to Gregg AI>pliana°s. Inc, 7~r!tcker ackno~~~tedt,es that all of these units are the property ot~ Uregg Appliances, inc_ 3 ~~'f;HICLE~~a. Tructccr shall furnish, opc;rate ar.d maintain in Mood working condition and suitable appearance, adequate and satislactorv motor vehicles, so ~1 rocker can ncriom~ its services under this Agreente~tt. 4_ COMI'1/h~:~A7~f_ON, As compensation for perti~r~nir~g fire ser~/ices hereunder, Crrgg ,~y;,t~liances, inc. shall pay ~T~rucker the amounts set 1~ur[h in Schedule /~, a copy of whirl-: is attached hereto aiuf incorporated herein. Payment terms shat! be Met Fifteen (3 ?s i~avs_ >. DAMAGE ~fG MERCHANC>ISL. 1 Tucker shtsll at all times protect the merchandise born damage by the elements and exercise extreme caution and care to prevent the. Merchandise from being lost, stolen, damaged car destroyed. Trucker's liability 1~or the less or darnagr ro any h~ierehandise while in Truckers possession shall be that of :~nsurer !,, the event of loss, theft, damafte or destruction of Merchandise ti~hile in 7~rucker`s r~ussession_ T°-uekr:r shall: reimburse Gregg Appliances, Inc. therefore, without deDa~~ ±C,r aFnount o1 the Ivss sustained by reason of such loss- theft damage or destruction; provided that_ in each such case Gregg flpplianczs_ ii3c. shall promptly, within 15 days, file with ~i-Tucker a written foss or dama~te claim_ Gregg ,Appliancr.s, Inc, shall provide Tracker veith s;iitahlr; docurrterttation supporting the amount of the loss. as soon a~, r~-asonab{y passit~le. ~hhe amoustt of loss will he det::rn-ined based ~~n the average cost;}t tv~tcrchandise and shall he iin-tite!4 to the actual dncumer-fed less. 6 1NTJf-:'v~9n~iTY. Trucker ,hsl: indemnity', defend and hold Gregg Appliances. foe. (including its <~~ficers, directors, employees, contractors and agents] harmless {ron~l anew a~~ainst any artd alt loss, !lability, damage, fine, penalty, cost, demand, expensc_ action. ;;iaim, ur cause of action (including costs oDdclense. settlerneni and rc~~tsonablr att<xnryt~ tees) of tiwhatrver type nr ~~ature. inchtdi3tg dama~~c nr destruction of pn~~-rty, or injtn-~ (including death) to and. persau, in airy way arising cut of, resulting t~cm~ or rc]<tting to this ,Agreement. including, but not limited 1tz (ij an}' act or omission of Trocker, i?~~> oticers, directors, shareholders. alfiliates, agents, employees or subcontractors, inciudit~~~ but not limited to acts or omissions involving ti,e Rules or Service Standards; (ii} ane~ inaccurate repreresentation ur warrant}~ by or rnz behalfof Truckeror the f.•iilure of ~frttcke- its agents, employees or subcontracts to complc v,~itlt any term rr condition of~this Agrcen~ent; (iiil the failure of Trucker, or its ol7icer, directors, shareholders, affiiliates_ a,tents, employees or subcontracts, [o strictly corrplti~ ti~~ith tiny Iaw, ~~rd'inanee, rule_ r.~rder~ o, rcguiatiott mandated b}~ an}' federal, slate rn local governmental had~~ or agenc~~ ~:-6ich: may directly or indirectly regulate or affect the obligations of "1~rucker under this Agreement; or livj any claims or actions by "Crucker~s agents, ~niplo}~<~es or subcontractors, except for matters resultin~~ t-Tom Gregg Appliances, lnc..'s (includu~ig tf~al. of other agents or representatives of Gregg Appliances. tttc.l ne~~tligeuce or ~~iilf~t,l u~iscunduct. l he obligations of Trucker u3~der this Section shall survive the cancel{; tiun. tcrminatien car expiration of this Agreement. Gregg .Appliances, lnc. agrees to indeo~inihr, defend, and hold harm#ess Trucker and defend "Drucker from and a;;ainst any claims or 1 iabilSt}° 1«r personal i,~jurp or death of ai?y person occurring on the Premises oh Gref;, ~.ppliances, lne., to the exlent that any suel-i injury or death is related to the sole va~t;ligence o1~Gt'egg Appliances, Inc. I'romptfy after receipt of notice of the assertion of a claim For which it ~,~ould soot: i~~demnity under this Section or any other provision of this Agreement ('Third-Party (_`laim"), the }arty seekin€; indemnification ("lnden~nitee") shall give. prompt written rio!ice To the other party ("]ndernnitor"y of the assertion cif such "hhird-Party Claim. (hl '~7o con2promise or settlenicnt ofsuch Third-Party Claims may be effecters by the. lude,nnitor without the ]ndemnitee's consent unless ,A) there is no finding or;~dmission o' any violation of a Iegal requirement cr any violation oi'thi? rights of any person. B i the sole relie# provided is monetary damages that are paid in ftdl by the lndemnitor :,mi !(_) the [ndem~nitee shall have no liability with resJ~ect to any i ompromi~i' or s~ttl~me~rt cif such Third-Party Ciain~s effected t~,~ithout its consent. {c} 4Witl~ respect to any ~Chird-P,:»1y Claim subject to indemnification under this provisi~or~ both parties shall keep the other party 41~44~~ informed of Che status of surf ~hhird-Party Claims and arty related ptoccedings at all stages theret~f where such party° is not represented b~. its oven counsel and the parties agree [each at i[s cawn expense} to r~nr;er tip each ether such assistance as ;hey may reasonably require of each otl~tcr a+Zd to cooperate in good faith with each other in order to c nsure the proper duel adequate defense of any Third-Party Claim_ "The Indemnitee may participate in tl3e defense of an~r~ irden~nit~ed claims with eounse{ o€~ its choice at its otv~n expense:. td} Wilh resp~ct to at~y Third-Party £'laiszt subject to indemi~ificatioii under ihts r1~!reement, the parties agre~° to cooperate in such a i~ianner as to presei~~e in foil ('ic> the extent possibl~.~) the eonf3dentialit)~ of all cantidenual inti~nnation ~ nd tlye attorney=-client ~<nd work-product privileges. fn connection tbere~n~ith_ each part}~ ap,rees tht~t: (i} it wilj ~ise its best efforts, in respect of anv Third-Party Clai.» in which it has assumed i)r panicil;ated in the. defense, to avi~id prt~duetion of eontidentia] infornta[ion {consistent •with applicable law and rules of izrocedure). and (i.) al] e~«anmanications het,veen an}~ parry hereto arrd eotnisel respansihle lur c)r participatirts! its the ~.lefense of anti Thirc!-P<trt~~ tlain~ ;ball. to the exte:~t possible. he made so as to preserve arty applicable attorney- cls: ni ter ~~r<~rk-product privilege. ?. 1?GRMI"f-S. I.iCLNSE.S AN(7 TAXES; COMPLIAN£`_6_W1T1-i (~AW~. 7~rucke,• shall prc~eure al( permits and hc.enses and pay all taxes, assess,~~ents as~d fees necessary fir operation under this Agreement. Trucker shall con~pfy strictly with all laws, rules, reg311ations duel ordinances. State. hcdcral or rv~~unicipal, ~3pplicuble to the operation and cervices Eo be l~~erlc~rrned hereunder. Ttuckeragrees to indemnitjr, deter!d and hold h~~rn~iess Gregg Appliances. lee. ,_tgai~ast alt 3iability for any act or omission, failr~re or default by Trucker is this resper.t. 8. INSCJ_RA_N_CE_ "rnickcr shall procure and maiulain during the entire term of-this ~lt~reement_ at the sale cost and e~;peus~e of 7~ruckcr, insuFanee coveral;~'s with police limits no'ess t:~~an the following: (aj Vd<~rker's ccuaipensation insuranec in an z3mount not less than the statutory lii~nits for tl~e statc(s~ in which services are to >3e performed. i~~cluding empfayer~s liability insurance in an amount not less than five flu»dred Thqusa~id Dollars t;~5t}0.00{3). (h) Automob~ilc liability insurance (ircludin~~ o~.vned, non-owners and hirer] vehicles witty n~inim~n~t limits of not less than Ch1e iv~(iIiion Dollars ($f,000.000) per t?ccurrencc cenlbined single fitnit for personal injurti•, including death, and propet7~t~ damage. (cj A}I risk cargo coverage (including coverage for infidelity- fr<~ud, disho~?rsiv or t.riminal acts;] with limits of Fitly ~! housartd Dollars ($50,OOQ) per occurrence con~hir.ed si~~ble limit lip; al}'lability assumed by "Trucker undo this Agreement Trucker reser~~es the right to pelf-insure this risk. {d) Broad form comprehensive general liability insurance, including contractual liability coverage, with minimutu limits of liahility of not less than One tifillion Dollars ~,} ,(t0(7.04p} xr occurrence co•.nbined tingle limit ft?r personal injur~,~ and pmpeny damage covering liability assumed by [rocker under t}~iis Agreement. "rior to pro~~iding services under this Aktrcement. 1 rackcr will furnish to Gregg Appliances. lac an insurance a~rtiticate(s). and all applicable cndorsc:ments, addressed f:~ Gregg /~pplianc~a_ Inc.. evide;~cing ~frucker's compli;~~ce with gill requirements of this ~.ectinn, and naming Gregg Appliances, Inc„ as an additional insured on thr; policy. ~>. _RFL,ITIC~NSI-11i? fi_F"CW~E~1 1?AEZT}ES. "I-ruckcs- shall he and remain an [NDEPI;NDEN"1' COiv'I'KAC`TOR ~ti~ith respect tee Gregg ApphanCes, nnc., -and nothinf~, ~~ontau~ed herein sha11 be construed as inconsistent with that status. It !is understoou that in order for 1'rocker to maintain; its status a5 an INDP,PEND[~Iv"T CONTitACTOIZ. rocker at;recs to exclusively exercise day to day control over and supervision of rucker~s errtpioyees and sub haulers, included but not limited t~? hiring. discipline, d~s:.harge or cancellation of Trucket~s employees or sub haulers, establishment o: the terms or conditions o1 e3nployment or oi~ any collective bargaining atreement of Truc~ke;s employees e:r sub h~ntlers antt to make any paymc~nl. a~Nard, incenti~~r ur an?r other cornpensatioi of any kind to -]~ruckers en~ptoyees or sub haulers. Afl work assignirents, instnictieus, schedu}ing, staffing and direction el-'1 ruc'.ers employees and sub haulc-n sl~iail he exci~asively performed by 1'ruckcr. Trucker assumes the re~spe~nsibility~ t<~r anl~ end all labor,'cmpfoyment relation matters and of paying emp!z»-ee tapes, workers compensation premiums, social securit>° contrit;utiuns and other legal ~?hlig,ations for the ~}mployezs r:ni9 sub haulers assi,t;ned by Trucker to pro~v-ide service;s hereunder- T hr parties inter?d that nothing herein shall be construed i>r ir.terpretrd to indicate that (sres?ti, ,~pplia~~ces. Jnc. is in any way the employer. joint], or solely. of Truckers employees or ~;ub haulers. ?+i. Dt~:FAL~} ~-. !f~ at any timr~ during the terra of this A~reemenl, either par:}-~ (i! «pplies for consents to the appointment ofa recei~~er, trustee or ]iquidatorofa]t ors ~atbstantial p,att of its assets, fih°s a voluntary petition of bankruptcy or admits in v~~ritiny?. it ~s inabilit}' to pa}' its debts as they brconae doe, makes a general assi~,nmcnt Per the benefit of cr~:ditors. Piles a petition or ans~ier seeking reorganization or arrangemznt br creditors or Lakin}; advantage ofany insolvency la~v. or Piles an answer admitting the material alle;ations of a petition Piled against said parry in any tankruptcy, 3eort;zn;zation or insolvency proceeding. or {ii} fails to perfurn3 any ot'the terms or conditions of this At;~~eemc~~t or fail s to pt rform the Services in accordance with accepted ~ni?ustry sfantiards or the standards developed, uttered or agreed upon by b<~th parties.. and said failt3re to perform reil~ains uncured for a perit~c+'. of thirty (30) days alter ~~-ritter~ desiiand for pt;rforrnance by the ether party. or (iii} stot~s performing the seriices h:°reu3~ider for any reason except as set firth in the Force R9djeure section herein_ thin, u~ sdditinn to ail other remedies available to it by law and in equity.. the vlher party may cancel this A~~reement forthwith. I .. FORGE ?~lA.1F;URL. ~leithcr Trucker nor Gregg, .Appliances. Jnc_ shal3 be~ req~~ired to perforn any term. condition, ~>r covenant of thin Agreement, so long as such p:~rformance is delayed or ~a•evenicd t>y acts of C'iod, civil disturbance, floods, riot and any cause not reasonably within the con[rol oCGregg Appliances, Inc. or Trucker and v.hich by the exercise of due diL,genee C;reF,g Appliance;,. Inc. or 1~rucker is unable. whnlh or in part, to prevent or overcome. [f 1~or a period of two (~) working days. 7 rucl~crs perft>m~ance stall be prevented or delayid by an_y such cause, Gret;t; ~t~p(ianc~s, loc. tnay upon notice to "1~rucW:er terminate this Apreernenl tiirtt~wit3i. 1 %. GOV1=:R1ViNG LAW. This rlgne~nent shall x go~~°erned h}' and cr,>nstru~d in ~~~-cordance u~i(1•~ the laws of the State os Michi~,an_ 13. Si_VER~`~BiL.l~1~~'. `]~he im-alidity or unenforii<~bility ol~any pi»tion or provision of this A~~reement shall in no ~a°ay .t{~ect thr validity or enforceability of any other portion n:' prevision herein. An}' im°alid or unenforceable prop=talon shall be ~leemc^d Severed (~r~mi the Agreerr~ent and the balance ~,~f the Agreement shrill he construed and enforced as if the Agreement did not contain the j~articular poriion or provision 17e1d !~~ he invalid ar unenforcLabie. S4, EN~I~IK~_AGREE?V1~ENT. This Agreement constitutes the entire agreement between the parties herito pertaining to the subject matter ,~ereof. Any and all ~x~r~~iten and or<31 asrreements heretofore existing bet~~~een the parties }teri.ainin~, to the subject n~iatter of if~Fis Agreement are expressly superseded and cancelled. Except as otherwise provider! in this ,~,f7reen~e-nt, this Agreement may not he altered, modified amended or otherwise ehanf;ed. r xcept by a written instrument executed by bosh pantie s I ~. ASSIGJ~Iti1E'~~d~~. An}~ assit,nment oFthis Agreement or any interest herein 6~,- eirher tarty ~~~ithout the other party's ~,vritien consent havi~?~, first been obtained shat! be void ,+nd oY no effect. Except as otherwise provided herein. the duties and obligations set Conh in this Agreement shEall inure to and hind the legal aepresent<3ti~~es, successors, and es~si~,ns of U~~° parties. i C~. NOTICES. Al] notices in t:onjunction with this llgreernent shall be sent by Registire.d i~r C'ertified tvtail, return receipt requested, nv2rni~ht courier or telegran3 to (FEe t>arties at the addresses set forth hereii;, Either party may change +.hi address Lo ~~~hich !;otices are sent by notice, to the other party. r ? 7. N~) WAIVER. 'The waiver by either party of any breach o#~this Agreement by thy. rther party shall not waive subsequent breaches of the san3e or dif~'erent kind. 'The fiili_~rr of either parry to enforce any rights under this Agreement in a particular instance ;hall riot operate as a ~i~aiver of'said party's right to enforce ~~ti~e same or different rights ir, <,ubsequent instances- i ~. HEADll`dGS. The seckion headings contained herein ere 'tor reference only and sha ~.l ,iot be considered as substaniivt:- parts of this Agreement. ti V~rI"hNESS Wt-1EREDP, the parties have execrated this Agree-rnent the ~y and vear ?~i~~st above written. Yv-otege llelivery~, Tne. `~~ Gregg Appliances, Tne. Name: _/d11cr`/>`It~~. Z). ~il~ct,1__ bale: __~, ,t~. t -.~ s .,>~~n, . ;)ate: 1_~~i;,..,•:~~t ~ti.;~~_ Title: !`-~ ,~ U - __-.- Date: ~~~~ ~fa 6 scliED~'I.i, .a This ~~cheduie A is pars of the Contractor Agreement dated the . 1 th day of tebniurv. ZOIO. between Gregg Appliances, Inc... and Profegc Delivery, inc. (thr `~.A~ree:nent°"?. ~€~ernis used in this Schedule A ha+~e the same meanie}; <as ;n the Asreenicni unless otherwise indicated and terms defined hercirt sha## hrwe the sang rnea!~in~ in ~#~~e Agreement unless otherwise indicated. A Vehicles}. Proir_~ee Delivery. Inc.. will provide transportation e~yuiptnent a necessary h~~r the shutt#e /delivery and instril#ation operation. In addition, Yrotef;e Delivery, Inc,_ wi11 also provide the foUo+v~ing additional equipment: ~' <>#Js. pads, tee downs. l~a~xf tru~.k and other related cyuiprnent ~iecessar~~ tee complex: 311 deliveries and installations in a safe and +.vorkwn~anlike niann~r. B_ Personnel. Protege Ictiven', Inc., will provide a cfualitied dr;ver <:nd helper to deliver. install, and picK-up ~,oods as requested. C'. Commencement llate. The Commencement Date o1 the F~grecntei~: is the 1 >th day ot~April, ZOIU. D. Settlement Period. Settlement under the %~greement +vil! be made +~-ith respect to each +~eek (Sunday throukh ~:aturday) in +vhich Son :cos are. provided. E, Tza~ls~ortation Services. Protege Delivery, Inc., ~~~ill use The Vehicles} and Personnel in connection wish ttie Transportation Servicf~s which Protege Delivery, inc_, has agreed to proviiic for Gre}rg Appiiances.ne. ("Sen~ices'~;. # he Services ~.viil he provided Gong the Uisttibutien Cents-r located at Mechanicsburg, Pennsyl~~ania. is t~lacc~s wid~in I'cnnsylv~mia as designate<:# by C:rehg Appliances, Inc.. within agreed (u time schedules. l=. #'avment f=or Ser-viee. hi consideration for providing the Services descriLed in the A~ree~nent. Gregg Rppliances, loc. ++~i## pay I'rutege llelivory, Ins., a ;olio++~s $ 4fi.7` per completed defined stop as loaded and delivered. hx°luded Per cotYtpleted delivery for pre-call services to delivery customer:. ~ Ine(uded Perin route F[~~ By to stores or residences- defined as stops requeste~a by clier?t ;tfter a route departut-e to provide ;rdditiona# customer accommodations tivithn same rortte. Stop rate plus `~ # 5 '~#}- by a store to pick up product for delivery off roi~t~. $ included Per piece for pic(t up cf haul away iten;s. $ Included }'er attecopted delivery when the customer is not. at i;ome and the delivery team has tollo+~~cd the standard not ai home procedures. • ~ f Client is retluired to supply C~el iwery Company «~iih accurrte delivery information and at Icast Z contact telephone nutnt,ers. Delivery Company will notil~~~ client ~~;I:en not a'~ home, are tJ~e result of incorrect inforn'[ation, $ Stnp ra[e plus $1 5 p~:r co~~~plet~ rcttrrn slop made the same day after U~~ original delivery attempt, only paid ifthe delivery tt~a~~, followed all delivery procedures for No-"domes S One halmstop per [Manifested deli~~ery for verified customer refusal to the de.li~=cry address. (Wrong a,Igr, W'rc>ng Size} i Sto*~ rate plus ~ I S per completed same clay delil-ery per carne day program Quote Rate Based on ~ srops per hour: Special deliveries i~r [nultiple deliveries to the same }ocation. ,~Il special deliveries must he reviewed on a case-b,,-case basis. Store Pick Ups and drop olf~s (These arc items thei need to I>e taken to th~~ store to he sold or items picket' up f~rorn the store to brir,t back tl> the deliver~~ center fnr de'.i~~er~~, l :;top ti.,r 1-~ pieces 2 ,tops for b-1 f) pieces ~ ;tops for ! 1-1 i pieces. Bo,aus Criteria: BONUS I'AY ** C~~TEC~ORY CUMPI_ETION °lo I'Fi~ E TR~ITIOIv ",~& 5,11~I~~~hAC•`l'IOiV MONTHI~YPAYOUT P~K SHOP SILvf~K. CiOLll PL.~"TINUM `~~1.5°0 ~1r~.S°jo 96.5°0 -; -„ _~,i~ 3U°,'o i5~o 96°'0 97°,/0 98~'/<, ~1 g? ~: ' 7ota1 pay ouf detern,;ned 6y the lowest performing category. ` ' F3onus prograan may rhange with 30 day natice- f A ~ CERTIFICATE OF SERVICE I, Daniel M. Brown, attorney for the defendant, hereby certify that I served a true and correct copy of the defendant's joinder complaint upon plaintiffs' counsel via first class mail, postage prepaid. I `t Danie Pdt: Brown T ~ i_ i ~. t f.v i (fLJ .~3J lF,i~~ :2:~{' E3 P~~ ~~ ! ,,. . , '~,a_t:~.e~4ai~u ~,v~~~'~~ WILLIAM J. FERREN 8~ ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 ERIE INSURANCE EXCHANGE, a/s/o RICHARD JONES and MARY JONES and RICHARD JONES and MARY JONES v. H.H. GREGG APPLIANCES, INC. v. PROTEGE DELIVERY, INC. NOTICE TO PLEAD TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO PLEAD TO THE E LOSED ANSWER AND NEW MATTE ITHIN TWENTY (20) DAYS FROM THE SE ~E HEREOFII Attorney for'6s~efidant, H.H. Gregg Appliances, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 12-5215 ANSWER AND NEW MATTER OF DEFENDANT, H.H. GREGG APPLIANCES, INC. The defendant, H.H. Gregg Appliances, Inc., hereby files the within answer and new matter to the plaintiff s complaint and in support thereof avers as follows: 1. Denied. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one, and, hence, same are deemed denied with strict proof thereof demanded at the time of trial. 2. Denied. After reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph two, and, hence, same are deemed denied with strict proof thereof demanded at the time of trial. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part; denied in part. It is admitted that H.H. Gregg Appliances, Inc. had entered into a contract with Protege Delivery, Inc. for the installation of the subject refrigerator. It is specifically denied that H.H. Gregg Appliances, Inc. installed the subject refrigerator, and strict proof thereof is demanded at trial. 8. Denied. The allegations contained in paragraph 8 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 9. Denied. The allegations contained in paragraph 9 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 10. Denied. It is specifically denied that on September 3, 2010 H.H. Gregg Appliances, Inc. sent 2 employees to the Jones' residence to evaluate and diagnose the problem. It is believed and therefore averred that employees and/or representatives of additional defendant, Protege Delivery, tnc., visited the Jones' residence. 11. Denied. The allegations contained in paragraph 11 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 12. Denied. The allegations contained in paragraph 12 of the plaintiffs' complaint are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. It is specifically denied that Mary Beth Frye was an employee of H.H. Gregg Appliances, Inc. Rather, Mary Beth Frye was an employee of additional defendant, Protege Delivery, Inc. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 13. Denied. The allegations contained in paragraph 13 of the plaintiffs' complaint are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. It is specifically denied that Mary Beth Frye was an employee of H.H. Gregg Appliances, Inc. Rather, Mary Beth Frye was an employee of additional defendant, Protege Delivery, Inc. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 14. Denied. The allegations contained in paragraph 14 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 15. Denied. The allegations contained in paragraph 15 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 16. Denied. The allegations contained in paragraph 16 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 17. Denied. The allegations contained in paragraph 17 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 18. Denied. The allegations contained in paragraph 18 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. WHEREFORE, the answering defendant demands judgment in its favor and against the plaintiffs. COUNT I -NEGLIGENCE 19. The defendant incorporates by reference its answers to paragraphs one through eighteen as if same were fully set forth at length herein. 20. Denied. The allegations contained in paragraph 20 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 21. Denied. The allegations contained in paragraph 21 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. WHEREFORE, the answering defendant demands judgment in its favor and against the plaintiffs. COUNT II -VICARIOUS LIABILITY 22. The defendant incorporates by reference its answers to paragraphs one through twenty-one as if same were fully set forth at length herein. 23. Denied. The allegations contained in paragraph 23 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. It is specifically denied that Mary Beth Frye was an employee of H.H. Gregg Appliances, Inc. To the contrary, Mary Beth Frye was an employee of the additional defendant, Protege Delivery, Inc. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 24. Denied. The allegations contained in paragraph 24 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. It is specifically denied that Mary Beth Frye was an employee of H.H. Gregg Appliances, Inc. or acting with the scope of employment with H.H. Gregg Appliances, Inc. To the contrary, Mary Beth Frye was an employee of the additional defendant, Protege Delivery, Inc. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 25. Denied. The allegations contained in paragraph 25 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 26. Denied. The allegations contained in paragraph 26 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. WHEREFORE, the answering defendant demands judgment in its favor and against the plaintiffs. COUNT III -STRICT LIABILITY 27. The defendant incorporates by reference its answers to paragraphs one through twenty-six as if same were fully set forth at length herein. 28. Denied. The allegations contained in paragraph 28 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. 29. Denied. The allegations contained in paragraph 29 of the plaintiffs' complaint are denied as they represent conclusions of law to which no response is required. To the extent that said allegations are not conclusions of law, they are denied for the reason that after reasonable investigation, the answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained therein. Any and all factual averments are specifically denied, and strict proof thereof is demanded at trial. WHEREFORE, the answering defendant demands judgment in its favor and against the plaintiffs. NEW MATTER 30. Some or all of the damages claimed by the plaintiffs are not recoverable under the applicable law. 31. If the plaintiffs suffered injuries or damages as alleged, which averments are denied, then the sole and exclusive cause of any such alleged injuries or damages was the negligence, carelessness or defective product of others and not that of the answering defendant. 32. The negligent acts and/or omissions of other individuals and/or entities may have constituted an intervening, superseding cause of the damages alleged to have been sustained by the plaintiffs. 33. The plaintiffs' claims may be barred in whole or in part by the applicable statute of limitations. 34. The plaintiffs' claims may be barred in whole or in part by the applicable doctrines of res judicata and/or collateral estoppel. 35. The plaintiffs' claims are barred in whole or in part by the doctrine of comparative negligence. 36. The plaintiffs' claims are barred and/or limited by the failure to mitigate damages. 37. The incident referred in the plaintiffs' complaint was not caused by any act or failure to act on the part of the answering defendant. 38. The plaintiffs' claims are barred or limited by the applicable warranties. 39. The plaintiffs' claims are barred by the gist of the action doctrine. 40. The plaintiffs' claim is barred by the defense of accord and satisfaction. 41. The answering defendant incorporates, as though fully set forth herein, the affirmative defenses delineated under Pennsylvania Rules of Civil Procedure 1030. WHEREFORE, the answering defendant demands judgment in its favor and against the plaintiff. WILLIAM J. FiERREN ~ ASS~dCIATES BY: Dan Attome or VERIFICATION t, Michael Stout, verify that the statements made in the foregoing answer and new matter are true and correct to the best of my knowledge, information and belief. understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. ~~ - ~. ;~ ~ `~ Michael Stout CERTIFICATE OF SERVICE I, Daniel M. Brown, attorney for the defendant, hereby certify that I served a true and correct copy of the answer and new matter of defendant upon plaintiff's counsel and upon additional defendant via first class mail, postage prepaid. ~~'°'~ , Johnson, Duffie, Stewart & Weidner By: Ulysses S. Wilson I.D. No. 312598 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 usw@jdsw.com Attorneys for Plaintiffs ERIE INSURANCE EXCHANGE a/s/o IN THE COURT OF COMMON PLEAS OF RICHARD JONES and MARY JONES, CUMBERLAND COUNTY, PENNSYLVANIA and RICHARD JONES and MARY JONES as individuals, NO. 2012-CV-5215 Plaintiffs : CIVIL ACTION -LAW v. , JURY TRIAL DEMANDEff H.H. GREGG APPLIANCES, INC., : ~`~-~ Y-, v : ~-~ Defendant . ~ µ `; PROTEGE DELIVERY, INC., ,~,~~ ~, Additional Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: ~, Please enter the appearance of the undersigned on behalf of the Plaintiff, Erie Insurance Exchange, in the above-captioned matter. ~ti November ~, 2012 Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER /~/~ BY~ ll~y~! ~~~~ Ulysses S. Wilson, Esquire I.D. No. 312958 301 Market Street, P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 usw@jdsw.com Attorneys for Erie Insurance Exchange 1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following persons, by depositing the same in the United ~k States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 6 , 2012: Daniel M. Brown, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Protege Delivery, Inc. 790 Fletcher Drive, Suite 104 Elgin, IL 60123 JOHNSON, DUFFIE, STEWART & WEIDNER av. /.~G9. ~ . Ulysses S. Wilson I.D. No. 312598 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs WILLIAM J. FERREN & ASSOCIATES By: Daniel M. Brown, Esquire Attorney Identification No. 59638 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1716 Attorney for Defendant, H.H. Gregg Appliances, Inc. ERIE INSURANCE EXCHANGE, COURT OF COMMON PLEAS a/s/o RICHARD JONES and MARY JONES CUMBERLAND COUNTY and RICHARD JONES and MARY JONES NO. 12-5215 c ~ ~, ~~' v. --~ 3 ,~, --{ ~ -~-; zm Q ~~r' H.H. GREGG APPLIANCES, INC. ~~ .""'~ t=3 ~~ 3 ~~ . x Cj ~ C'. PROTEGE DELIVERY INC. : = ~ , ~ ,,, ~_, AFFIDAVIT OF SERVICE I ,Daniel M. Brown, Esquire, do hereby certify that a true and correct copy of the Joinder Complaint in the above-captioned matter was served via Certified Mail Return Receipt Requested on the 14`" day November 2012 as evidence by the return receipt card, a copy of which is attached hereto as Exhibit "A" and addressed as follows: Protege Delivery, inc. 790 Fletcher Drive Suite 104 Elgin, IL 60123 BY: Daniel Attorney for NOATARY PUBLIC: Sworn Before Me This Day of ~_ 2012 sFx coNt~wot c www~ wr~t~w tw'~i~orcourtr cw~N,n ~ ~o. ~~ ~~ EXHIBIT A 'a y ~. s ,: r ~,~: +' ~"~' ,,~` ~`r ',F (,~.. .~. .. ~ .. :,fizd UNITED STATES PJDS`'FA'~ ~~~ 2V~fCE' ' ~~ I ~~ ~11 !I -i,.~1 Y'~,F}~'t+ '..`~~..' • Sender: f~lease { rini your name, address, a.rr: ~` ~~ J o t--, _. _ ~.~- ~I t; ~- ~ r; - -~ __ <.T .~. 4-t.,lass NJail ~ata~~e ~: Fees Paid ~~~ PJo. C-10 ~ __r~ox ^ Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ® Print your name and address an the reverse so that we can return the card to you. ^ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: {1 ~ ~J2 ~ ~ ~`~ p n ~.J ~ i Z~C J~~: ~ ~ fc~~~ 2. Article Number (Trarrster from service /abet} ? ~ y ~+ A: Si~Ra re 1 X ~! Agent ~^` Addressee B, eived b (Printed Name) ~l ~~5~ C. Date of Delivery 1 << .-~~ D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ~No 3. w~yPa.,,,~ Certined Mail ` ^ Express Mail ^ Registered "se ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee} p Yes ~soa o001 .~aa~+ ~~~~ _ - - - -- PS Form 3$~ 1, February 2004 Domestic Return Receipt 1 D2595-02-M-1540 r- Johnson, Duffle, Stewart & Weidner By: Ulysses S. Wilson I.D. No. 312598 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 usw@jdsw.com Attorneys for Plaintiffs ERIE INSURANCE EXCHANGE a/s/o RICHARD JONES and MARY JONES, and RICHARD JONES and MARY JONES as individuals, Plaintiffs v. HHGREGG APPLIANCES, INC., Defendant v. PROTEGE DELIVERY, INC. Additional Defendant PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, H.H. GREGG APPLIANCES, INC. `- .r".~ ...... ~. - ~ ~.,, -, c..~ s_ ~ _ y ~~ ,w.._ ,.-' ; AND NOW, come the Plaintiffs, by and through their attorneys, Johnson, Duffle, Stewart & Weidner, and files the following Reply to New Matter of Defendant, H.H. Gregg Appliances, Inc.: 30. Denied. The averments contained in paragraph 30 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-5215 CIVIL ACTION -LAW JURY TRIAL DEMANDED 31. Denied. The averments contained in paragraph 31 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 32. Denied. The averments contained in paragraph 32 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 33. Denied. The averments contained in paragraph 33 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 34. Denied. The averments contained in paragraph 34 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 35. Denied. The averments contained in paragraph 35 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 36. Denied. The averments contained in paragraph 36 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 37. Denied. The averments contained in paragraph 37 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 38. Denied. The averments contained in paragraph 38 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 39. Denied. The averments contained in paragraph 39 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 40. Denied. The averments contained in paragraph 40 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. 41. Denied. The averments contained in paragraph 41 are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Plaintiffs respectfully request that judgment be entered in their favor and that Defendant's New Matter be dismissed with prejudice. Respectfully submitted, By: JOHNSON, DUFFIE, STEWART & WEIDNER ~~~~~ Ulysses S. Wilson I.D. No. 312598 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Ulysses S. Wilson, Esquire, states that he is the attorney for the part y filing the foregoing Plaintiff's Reply to New Matter of Defendant H.H. Gregg Appliances, Inc., that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. ,~~ / ~,~ Ulysses S. Wilson, Esquire Date: NovemberG~, 2012 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing P/aintifPs Reply to New Matter of Defendant H.H. Gregg Appliance, Inc. has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November ~~, 2012: Daniel M. Brown, Esq. William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Attorney for Defendant H.H. Gregg Appliances, Inc. JOHNSON, DUFFIE, STEWART & WEIDNER Ulysses S. Wilson, Esquire :526805 MARSHALL DENNEHEY WARNER COLEMAN&GOGGIN " T By: Nicole M. Ehrhart, Esquire PA Attomey ID#200538 '=' j 4200 Crums Mill Road, Suite B '�� ' ` zF,3 Harrisburg,PA 17112 `" ;`'" ,r 717-651-3512 - �`��' Email: nmehrhart@mdwcg.com Attorney for Additional Defendant Prot6g6 Delivery,Inc. ERIE INSURANCE EXCHANGE a/s/o IN THE COURT OF COMMON PLEAS OF RICHARD JONES and MARY JONES, CUMBERLAND COUNTY, PENNSYLVANIA and RICHARD JONES and MARY JONES as individuals, NO. 12-5215 Plaintiffs JURY TRIAL DEMANDED V. H.H. GREGG APPLIANCES, INC., Defendant V. PROTEGE DELIVERY, INC., Additional Defendant PRAECIPE FOR SUBSTITUTION OF COUNSEL Please withdraw my appearance as counsel for Defendant H.H. Gregg Appliances, Inc. Respectfully submitted, WILLIAM J. FERREN & ASSOCIATES i s Date: -a `�-/3 By: 115AMELM BRO X'wINRE PA Attorney No. 59 63 10 Sentry Parkway, Suite Blue Bell, PA 19422 215-274-1716 A Please enter my appearance as counsel for Defendant H.H. Gregg Appliances, Inc. Respectfully submitted, MARSHALL,DENNEHEY,WARNER, COLEMAN & GOGGIN n Date: J-7- By , NICOLE M. HRHART, QUIRE PA Attorney ID# 200538 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 717-651-3512 nmehrhart@mdwcg.com CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid,addressed as follows: Ulysses S. Wilson Johnson, Duffy, Stewart& Weidner 301 Market Street P 0 Box 109 Lemoyne,PA 17043-0109 Counsel for.Plaintiffis Daniel M. Brown William J. Ferren& Associates 10 Sentry Parkway, Suite 301 Blue Bell,PA 19422 Counsel for H.H. Gregg Appliances, Inc. MARSHALL,DENNEHEY,WARNER, COLEMAN & GOGGIN Date: By: NI LE EHRHART, ESQLTTMRE PA Attorney ID#200538 4200 Cruets Mill Road, Suite B Harrisburg, PA 17112 717-651-3512 nmehrhart@mdwcg.com Johnson, Duffle, Stewart & Weidner OF THE PROTHONOTAR'f By: Ulysses S. Wilson PA,t I-, It I.D. No. 312598 2013 JUN i IAtftn+yd fiior Plaintiffs 301 Market Street CUM.BERLANO COUNTY P. O. Box 109 PENNSYLVANIA Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 usw @jdsw.com ERIE INSURANCE EXCHANGE a/s/o IN THE COURT OF COMMON PLEAS OF RICHARD JONES and MARY JONES, CUMBERLAND COUNTY, PENNSYLVANIA and RICHARD JONES and MARY JONES as individuals, NO. 2012-5215 Plaintiffs CIVIL ACTION — LAW V. JURY TRIAL DEMANDED HHGREGG APPLIANCES, INC., Defendant V. PROTEGE DELIVERY, INC. Additional Defendant PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter dismissed, discontinued and settled with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER Date: n- _%r By: ^ o Ulysses S. Wilson I.D. No. 312598 301 Market Street — P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 :560482 usw@jdsw.com