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Home My WebLink About13-0291COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM Cumberland I MAGISTERIAL DISTRICT JUDGE JUQDGME T COMMON PLEAS No. ~ ~ ~ t ~ ~ U ~~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME Or APPELLANT MAG. UISI. NV. NAMt Vr MuJ Select Comfort Corporation MJ-09101 Magisterial District Judge Charles A. Clement, Jr. ADDRESS OF APPELLANT CITY STATE ZIP CODE 9800 59th Avenue North Minneapolis MN 55442 December 21, 2012 ~ Scott and Debra Carlson ~S Select Comfort Corporation 0000351-2012 This block will be signed ONLY when this notation is required under Pa. R.C P D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. ~~~~~ ~~. CIS appellant was Claimant (see R. C. P. D. J. No. 1001(6) in action before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Scott and Debra Carlson appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. I ~ - ~ I )within twenty (20) days after service of rule or suffer entry of judgment of non pros. C,OI.~:~~.t a~l Cry ~.)~'~--' Signature of appellant or attorney or agent RULE: To Scott and Debra Carlson , appellees) Name of appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date or' service of this rule if service was by mail~~t~~¢fpp~c,~iling. Date: ~~201 ~T (~' ~(1f L;}~ ~ ~ ~~~ ~ ~ ~~ Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF`Qt~ ,~l ~ t I ~~'I~t,._!~NMM~CRIPT FORM WITH THIS NOTICE OF APPEAL ~ -163• SD~ ~ ~( X945 AOPC 312-05 C ~~ ~$ 35 COMMONWEALTH OF PENNSYLVANIA ~ NOfICe Of JUdgment/TranSCrlpt CIVIC COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: 920 Linda Lane Camp Hill, PA 17011 Telephone: 717-737-3434 Caitlin Elizabeth Oberst, Esq. Stradley Ronon ET AL 2600 One Commerce Sq Philadelphia, PA 19103 Disposition Summary Docket No MJ-09101-CV-0000351-2012 Judgment Summary Participant Scott & Debra Carlson Select Comfort Corporation P i iff Defendant Scott & Debra Carlson Select Comfort Corporation JointlSeveral Liability Individual Liability $0.00 $0.00 $0.00 $6,795.46 Scott & Debra Carlson V. Select Comfort Corporation Docket No: MJ-09101-CV-0000351-2012 Case Filed: 9/20/2012 DISDO ition Disposition Date Judgment for Plaintiff 12/21 /2012 Amount $0.00 $6,795.46 Judgment Detail (*PostJuagment- In the matter of Scott & Debra Carlson vs. Select Comfort Corporation on 12/26/2012 the judgment was awarded as follows: Judgment Component Joint/ Several Liability Individual Liability Deposit Ap plied Amount Civil Judgment $0.00 $5,627.46 $5,627.46 Costs $0.00 $168.00 $168.00 Attorney Fees $0.00 $1,000.00 $1,000.00 Grand Total: $6,795.46 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROh7 THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date <•~,,,,Aa,, 4~'~ 0 ~ Y ~'l~~ ~-L/1N'Ld: ~ ~°o e ! yi F. Magisterial District Judge Charles A. Clement Jr. ~~~n'Y';~;~~~"~- ~~~~_~- I certi t at t is is a true an correct copy o t e recor o t e procee mgs containing t e lu gment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 12/26/2012 11:31:13AM Scott & Debra Carlson v. Select Comfort Corporation Docket No.: MJ-09101-CV-0000351-2012 Participant List ~. , . ., -, ;: Private(s) Caitlin Elizabeth Oberst, Esq. Stradley Ronon ET AL 2600 One Commerce Sq Philadelphia, PA 19103 Plaintiff(s) -Scott-& Debra Carlson ,, .: 1688 Liberty Valley Rd Ickesburg, PA 17037 Defendant(s) Select Comfort Corporation 3559 Capital City Mall Drive Camp Hill, PA 17011 Complainant's Attorney(s) Gory Adam Leshner, Esq. 2023N 2ND Sf Ste 201 Harrisburg; PA 17102 '; i y ;1 ~ __ , MDJS 315 Page 2 of 2 Printed: 12/26!2012 11:31:13AM STRADLEY RONON STEVENS & YOUNG, LLP BY: Caitlin E. Oberst, Esquire (I.D. No. 306668) Suite 2600 2005 Market Street Philadelphia, PA 19103-7018 SCOTT CARLSON AND DEBRA CARLSON, Plaintiffs, V. SELECT COMFORT CORPORATION, Defendant. Attorneys for Defendant, Select Comfort Corporation COURT OF COMMON PLEA CUMBERLAND COUNTY +~.~ JANUARY TERM 2013 ~ ~..... NO. - a~ ~~VI°~c~-a ~* c~ ~ Q ~, G P+.l +~~ t~ c~ x~ C ~ ENTRY OF APPEARANCE ~: TO THE PROTHONOTARY: Please enter the appearance of Caitlin E. Oberst, Esquire, of Stradley Ronon Stevens & Young, LLP as counsel on behalf of Defendant, Select Comfort Corporation, in connection with the above-captioned matter. ~~11 ~ 'i~ ,~ A ,1,'1 (~~ ~ ~~~i1 ~I Caitlin E. Oberst, Esquire STRADLEY, RONON, STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103 Telephone: (215) 564-8000 -?'9 F~~~ ~`,'' -; --~- Win. C3 ~:;' ~~ Dated: January 17, 2013 Attorneys for Defendant, Select Comfort Corporation CERTIFICATE OF SERVICE I, Caitlin E. Oberst, hereby certify that on January 17, 2013, I caused a true and correct copy of the foregoing Entry of Appearance to be sent via email to the following counsel: Cory A. Leshner, Esquire 2023 North 2nd Street, Suite 201 Harrisburg, PA 17102 cal@coryleshner.com Attorney,for the Plaintiffs Caitlin E. Oberst # 1676508 v. I Cory A. Leshner, Esq. Attorney ID: 310377 2023 N. 2nd Street, Suite 201 Harrisburg, PA 17102 3 V!V? 22 [1 10: Y 4 717-909-9999 4-AN q C 0 U N TY E N N,s V, "t �"o -i 717-909-9009 (fax) cal;i)co ry I e shner.com SELECT COMFORT CORPORATION, IN THE COURT OF COMMON PLEAS, Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 13-0291 SCOTT AND DEBRA CARLSON, CIVIL ACTION—APPEAL FROM MAGISTERIAL DISTRICT JUSTICE Appellees JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Law Offices of Cory A. Leshner LLC By: Cory A. Leshner, Esquire PA ID#310377 2023 N.2nd Street,Suite 201 Harrisburg,PA 17102 717-909-9999 717-909-9009(fax) Attorney for Appellees cal @coryleshner.com SELECT COMFORT CORPORATION, IN THE COURT OF COMMON PLEAS, Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 13-0291 SCOTT AND DEBRA CARLSON, CIVIL ACTION—APPEAL FROM MAGISTERIAL DISTRICT JUSTICE Appellees JURY TRIAL DEMANDED COMPLAINT Appellees, Scott Carlson and Debra Carlson, by and through their attorney, Cory A. Leshner, Esq., state that they have a cause of action against Defendant, Select Comfort Corporation and in support thereof aver the following: PARTIES 1. Appellee, Scott Carlson("Scott"), is an adult individual residing at 893 Jonestown Road Thompsontown, PA 17094, and is the lawful spouse of Debra Carlson. 2. Appellee, Debra Carlson("Debra"), is an adult individual residing at 893 Jonestown Road Thompsontown, PA 17094, and is the lawful spouse of Scott Carlson. 3. Defendant, Select Comfort Corporation("Select Comfort") is a Minnesota Corporation with a principal place of business of 98DO 59TH AVE MINNEAPOLIS MN 55442. 4. Select Comfort owns, operates, manages, and/or maintains a retail store location within the Commonwealth of Pennsylvania located at 3559 Capital City Mall Drive Camp Hill, PA 17011. II. JURISDICTION AND VENUE 5. On or about September 20, 2012 Appellees did cause a complaint to be filed against Select Comfort Corporation in Magisterial District Court Number 09-1-01,the Honorable Charles A. Clement Jr. presiding; said complaint was provided docket number MJ-09101-CV- 0000351-2012. 6. On or about December 17, 2012 a hearing was held before the Honorable Charles A. Clement. Jr. relative to the aforementioned complaint filed by Appellees. 7. On or about December 21, 2012, after a full hearing on the merits,judgment was entered by the Honorable Charles A. Clement, Jr. in favor of Appelllees and against Select Comfort in the amount of$6,795.46, which included an award for fees and costs. 8. On or about January 18, 2013 Select Comfort did timely file a notice of appeal from the aforementioned judgment in this Court in accordance with PA RCPDJ 1002. 9. Jurisdiction and Venue is proper in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania in that this is an appeal from a judgment entered by a magisterial district court within the county of Cumberland pursuant to PA RCPDJ 1002. III. CHRONOLOGY OF FACTS 10. On or about July 24, 2010 Scott and Debra visited Select Comfort's retail store in Camp Hill, PA. 11. On or about July 24, 2010 Select Comfort had several mattresses on display, 2 including but not limited to an i 10 king model. 12. On or about July 24, 2010 Select Comfort did not have a p6 model mattress on display at their Camp Hill retail store. 13. During Scott and Debra's visit to Select Comfort's retail store they viewed and tested the i 10 king model that was on display. 14. On or about July 24,2010, during their visit to Select Comfort's retail store, Scott and Debra advised the staff that they would like to purchase the model mattress that was on display in the store, specifically an i 10 king model, 15. Scott and Debra did in fact purchase a mattress from Select Comfort on July 24, 2010 for Five Thousand Three Hundred and Eight Dollars and Ninety Two Cents($5,308.92), and such purchase was subject to an express written warranty. A copy of the written warranty is attached hereto as Exhibit A. A copy of the invoice for the mattress is attached hereto as Exhibit B. 16. On or about September 28, 2010 Select Comfort delivered a p6 model mattress to Scott and Debra's home. 17. The p6 model mattress that was delivered to Scott and Debra's home is a far inferior product to the i 10 king model that they viewed and tested in Select Comfort's retail store on or about July 24, 2010. 18. The p6 model mattress delivered to Scott and Debra is Select Comfort's bottom of the line model. 19. Upon delivery, Scott and Debra immediately noticed the difference between the mattress delivered and the mattress that they viewed and tested on July 24, 2010. 20. On or about October 4,2010, Debra made her first of many calls to Select 3 Comfort customer service complaining about the product delivered to her and her husband by Select Comfort. The customer service records of Select Comfort are attached hereto as Exhibit C. 21. On this first call Debra explained to customer service that they had viewed and tested an i 10 king model, but a p6 model had been delivered, and the p6 model was of inferior quality. 22. In response to Debra's complaint, Select Comfort sent Scott and Debra an i8 model to replace the p6 model previously delivered. 23. While the i8 model was an improvement over the p6, it still was not the same bed that the Carlson's had viewed and tested on July 24, 2010. 24. From October 2010 until January of 2012, Debra regularly contacted Select Comfort to complain about Select Comfort's product. 25. Debra's calls to Select Comfort were met with the advice that Debra should adjust the Sleep Number to attempt to achieve the desired level of comfort. 26. On each of the multitude of calls over a period of almost two years, Debra advised Select Comfort that the mattress provided by Select Comfort was not the mattress that was on display in Select Comfort's retail store on July 24, 2010 that Scott and Debra had intended to purchase. 27. In January of 2012, in response to one of Debra's calls, Select Comfort dispatched a technician to inspect the mattress. 28. Select Comfort's technician, after inspecting Scott and Debra's mattress, determined that the foam and air chambers needed to be replaced. 29. As a result of this inspection, Scott and Debra became aware that the foam in the 4 mattress was merely 1/4 inch thick,as compared to the much thicker foam on the model that Scott and Debra had viewed and tested in Select Comfort's retail store on July 24, 2010. 30. As a result of continuing calls and complaints by Debra, Select Comfort replaced the foam on the mattress a total of four(4)times since January of 2012. 31. As a result of continuing calls and complaints by Debra, Select Comfort replaced the air chambers on the mattress a total of two (2)times since January of 2012. 32. Despite continued calls of complaint, Select Comfort advised Scott and Debra that there was nothing more that could be done for them. 33. Scott and Debra have not slept in the bed for at least eighteen months. 34. Scott and Debra's purchase from Select Comfort was for personal, family or household purposes. 35. Select Comfort sold Scott and Debra the mattress in question subject to an express written warranty,an implied warranty of merchantability, and an implied warranty of fitness for a particular purpose. The express written warranty is attached hereto as Exhibit A. COUNT I—Unfair Trade Practices and Consumer Protection Law Plaintiffs Scott and Debra Carlson y.Defendant Select Comfort Corporation 36. Plaintiffs incorporate Paragraphs I through 35 as if fully set forth at length herein. 37. Select Comfort placed an i10 mattress model on display in their Camp Hill store on July 24, 2010. 38. Scott and Debra viewed and tested the HO model, and then told the sales associate at the store, an employee of Select Comfort Corporation,that they wished to purchase the mattress 5 that was on display. 39. Instead of being sold the mattress that was on display, they were sold an inferior p6 model. 40. When Scott and Debra complained about the inferior model that was provided, Select Comfort immediately replaced the purchased item with an i8 model. 41. However, the i8 model was still inferior to the i 10 model that Select Comfort had on display and that Scott and Debra intended to purchase. 42. The i 10 mattress was on display, in Select Comfort's store, because of its superior quality, however such mattress was not provided to Scott and Debra despite their request to purchase the same; instead a mattress of inferior quality was provided. 43. Despite repeated complaints, Select Comfort failed to honor the express written warranty provided with the mattress purchased, to wit: that the mattress and/or mattress bases will be free from defects in materials and workmanship for a period of 20 years from the original purchase date. 44. Select Comfort breached the terms of the express written warranty insofar as the foam and air chambers were defective, and remained defective without further accommodation being provided. 45. Select Comfort undertook efforts to replace the defective foam and air chambers only to provide replacement material of inferior quality that perpetuated the defects of the mattress. 46. The foam was replaced four(4)times without resolving the defects in the same. 47. The air chambers were replaced(2)times without resolving the defects in the same. 6 4$. The defects in the product originally complained of remain, and Select Comfort has asserted that no further accommodations will be provided despite the continuing existence of the express written warranty. 49. The actions by Select Comfort, described supra,violate the PA Unfair Trade Practices and Consumer Protection Law(73 P.S. §241-2)as follows: a. representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another 73 P.S. 241-2 (4)(vii), b. advertising goods or services with intent not to sell them as advertised 73 P.S. 201-2 (4)(ix); C. failing to comply with the terms of any written guarantee or warranty given to the buyer at,prior to or after a contract for the purchase of goods or services is made 73 P.S. 201-2 (4)(xiv); d. making repairs, improvements or replacements on tangible,real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing 73 P.S. 201-2 (4)(xvi); C. Engaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or of misunderstanding 73 P.S. 201-2 (4)(xxi). WHEREFORE,Appellees, Scott and Debra Carlson, hereby request this Honorable Court to enter judgment in their favor and against Appellant, Select Comfort Corporation, in a sum sufficient to compensate them for the harm that has befallen them, in excess of$54,000.00, for return of the amount paid for the inferior mattress,treble damages, attorney fees, interest, and cost of suit. 7 COUNT TWO: Breach of Express Warrant Appellees Scott and Debra Carlson v. Appellant Select Comfort Corporation 50, Paragraphs 1 through 49 are incorporated by reference as though set forth fully herein. 51. On or about July 24, 2010 Scott and Debra did purchase a mattress from Select Comfort Corporation, and did pay to Select Comfort Corporation Five Thousand Three Hundred and Eight Dollars and Ninety Two Cents ($5,30$.92)plus tax. 52. The purchase described in averment number 51 was subject to an express written warranty, a copy of which is attached hereto as Exhibit A. 53. The express written warranty provides that the mattress and/or mattress bases will be free from defects in materials and workmanship for a period of 20 years from the original purchase date. 54. In January of 2012, Select Comfort dispatched a technician to inspect the mattress that Scott and Debra had purchased from Select Comfort. 55. Upon inspection of the mattress, the technician determined that the air chambers and mattress foam were defective and required replacement. 56. Select Comfort undertook efforts to replace the defective foam and air chambers only to provide replacement material of inferior quality that perpetuated the defects of the mattress. 57. The foam was replaced four(4)times without resolving the defects in the same. 58. The air chambers were replaced(2)times without resolving the defects in the same. 59. The defects in the product originally complained of remain, and Select Comfort has asserted that no further accommodations will be provided despite the continuing existence of the express written warranty. 60. Select Comfort breached the terms of the express written warranty insofar as the foam and air chambers were defective, and remained defective without further accommodation being provided. WHEREFORE,Appellees, Scott and Debra Carlson,hereby requests this Honorable Court to enter judgment in their favor and against Appellant, Select Comfort Corporation, for damages in the amount of$5,308.92,together with any other further relief that the court considers proper. COUNT THREE: Breach of Implied Warr an of Merchantability Appellees Scott and Debra Carlson v. Appellant Select Comfort Corporation 61. Paragraphs 1 through 60 are incorporated by reference as though set forth fully herein. 62. On or about July 24, 2010 Scott and Debra did purchase a mattress from Select Comfort Corporation, and did pay to Select Comfort Corporation Five Thousand Three Hundred and Eight Dollars and Ninety Two Cents($5,308.92)plus tax. 63. The purchase described in averment number 62 was subject to an implied warranty of merchantability. 64. To be merchantable, goods must be fit for the ordinary purposes for which such goods are used. 9 65. In the present matter, the good sold was a mattress, and thus to be merchantable, the mattress must be fit for the ordinary purposes for which a mattress is used, to wit: to provide a comfortable location for one to obtain sleep. 66. Upon inspection of the mattress, by Select Comfort's technician it was determined that the air chambers and mattress foam were defective and required replacement. 67. Select Comfort undertook efforts to replace the defective foam and air chambers only to provide replacement material of inferior quality that perpetuated the defects of the mattress. 68. The foam was replaced four(4) times without resolving the defects in the same. 69. The air chambers were replaced(2)times without resolving the defects in the same. 70. The defects in the product originally complained of remain, and Select Comfort has asserted that no further accommodations will be provided despite the continuing existence of the warranty. 71. On account of the defects identified by Select Comfort's own technician, the product sold to the Carlson's is not fit for the ordinary purposes for which a mattress is generally used, to wit: a comfortable night's sleep. WHEREFORE,Appellees, Scott and Debra Carlson, hereby requests this Honorable Court to enter judgment in their favor and against Appellant, Select Comfort Corporation, in the amount of$5,308.92, together with any other further relief that the court considers proper. 10 COUNT FOUR: Breach of Implied Warranty pf Fitness for a Particular Purpose Appellees Scott and Debra Carlson v.Appellant Select Comfort Corporation 72. Paragraphs 1 through 71 are incorporated by reference as though set forth fully herein. 73. On or about July 24, 2010 Scott and Debra did purchase a mattress from Select Comfort Corporation, and did pay to Select Comfort Corporation Five Thousand Three Hundred and Eight Dollars and Ninety Two Cents ($5,308.92)plus tax. 74. The purchase described in averment number 73 was subject to an implied warranty of fitness for a particular purpose. 75. A warranty of fitness for a particular purpose is based upon a special reliance by the buyer on the seller to provide goods that will perform a specific use envisaged and communicated by the buyer." Gall v. Allegheny County Health Dept, 521 Pa. 68, 76 (Pa. 1989) 76. Scott and Debra purchased the mattress from Select Comfort because of the company's claims that the mattress could help alleviate back pain. 77. Scott and Debra communicated this purpose to employees of Select Comfort on the date of purchase as well as during some of the multiple complaint calls placed to Select Comfort Customer Service. See Exhibit C 78. Select Comfort states on their website that "The Sleep Number® Bed is the only mattress clinically proven to relieve back pain and improve sleep quality." A screen shot of Select Comfort's website is attached hereto as Exhibit D. 79. Scott and Debra relied on these claims by Select Comfort, and informed their sales person, a Select Comfort employee, of such reliance. 11 80. Despite said reliance, the mattress purchased has provided no such relief. In fact the Carlson's were not been able to use the mattress at all because of its uncomfortable nature caused by the defective foam and air chambers. 81. The defects in the product originally complained of remain, and Select Comfort has asserted that no further accommodations will be provided despite the continuing existence of the warranty. WHEREFORE,Appellees, Scott and Debra Carlson, hereby requests this Honorable Court to enter judgment in their favor and against Appellant, Select Comfort Corporation, for damages in the amount of$5,308.92, together with any other further relief that the court considers proper. Respectfully submitted: LAW OFFICES OF CORY A. LESHNER LLC By- �Cory A. L squirms Attorn- or Plaintiff PA #310377 3 N.2nd Street,Suite 201 Harrisburg,PA 17102 717-909-9999 717-909-9009(fax) cal@coryieshner.com 12 VERIFICATION I, Scott and Debra Carlson, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that the statements in the foregoing document are made subject to the penalties of 18 Pa.C.S. §4909 relating to unsworn falsification to authorities. Date Scott Carlson 3 — / Date Debra Carlson CERTIFICATE OF SERVICE I hereby certify that I am an employee of the Law Offices of Cory A. Leshner LLC, and that I served the foregoing Plaintiffs Complaint by placing a true and correct copy thereof in the United States Mail, first class postage prepaid, addressed as follows: Caitlin Oberst, Esq Stradley Ronon Steven& Young LLP Suite 2600 2005 Market Street Philadelphia, PA 19103-7018 Date: 3101 Cory kshner, E re STRADLEY RONON STEVENS & YOUNG.LLP BY: Caitlin E. Oberst, Esquire(I.D. No. 306()68) At[orneys for Appellant., Suite 2600 Select orrifor t Corporation 2005 Market Street C Philadelphia,PA 19103-7018 .......................-...........................-........--.................... -------- SELECT COMFORT CORPORATION. COURT OF COMMON PLEAS C' " A NI ppellant, BERLAND COUNTY J A N UIAR Y- TERIM 2013 � 21 S('-O'l-l' G\RLSONAND DEBRA CARLSON. NO 09 A CIVIL ACTION -, Af)PEAL FROM , pe I I ecs NNIAGISTERIAL DISTRICT JUSTICE ..................... ...................... ........ PRAECIPE TO SET"I'LE.D1S('0NT1Nl.JE AN].) EN)") 'TO THP PROTHONOTARY: Kindly mark the above-captioned matter SETT1.,.ED,DISCONTINIJED and E.-NDED. L4/-L, .......... -Cory 1 4, ("altlin E', ObQtst.Esquil 2 O��2 STRADLE-,Y,RONON,STEVENS S4 Yot-IN(i,1-1,p 2nd S,t*re'i�C, Suite 201 PanisC t 102 .bllr o PA 1 -160 ) 0110 Square mal(<?-,corvleshnerxom Plidadelphia. PA 19103 Atiorriev fiv,xtf ireflecs, TelephonTelephone.. (2)15) 5(,4-8000 — S •ou r& Debra Carlson Artorney.vj,or Appellant, Se/eo Comfivi orporoll.oil C: C5 r-z= C.-) Y CERTIFICATE OF SERVICE I, Caitlin E. Oberst, hereby certify that on May 9, 2013, 1 caused a true and correct copy of the foregoing Praecipe to Settle, Discontinue, and End to be served via U.S. Mail, first class, postage pre-paid, on the following counsel of record: Cory A. Leshner, Esquire 2023 North 2nd Street, Suite 201 Harrisburg, PA 17102 cal @coryleshner.com Attorney for Appellees, Scott& Debra Carlson O L4 4 S� Caitlin E. Oberst 4 1736124 v. 1