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Home My WebLink About13-0856PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER COMPANY AS SUBROGEE OF KURT ANGLE P.O. BOX 410200 CHARLOTTE, NC 28241 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT CUMBERLAND COUNTY Ci vl I ~ ~ -.~ -~ z w ~i r..r l --r ~ r , ~ ~ ~ ~~ -~; :~ ~ r~ -*; ° ~y ~' -- fir, c ~a c:::' ~ ~ ~N, AVISO NO. ' RHODES DEVELOPMENT GROUP, INC./ R8~L CONSTRUCTION COMPANY 1300 MARKET STREET LEMOYNE, PA 17043 AND HAROLD F. LIGHTNER INDIVIDUALLY AND DOING BUSINESS AS HTL HEATING & AIR CONDITIONING 305 STONE ROW LANE NEW CUMBERLAND, PA 17070 AND MELBOURNE PLACE CONDOMINIUM ASSOCIATION 1300 MARKET STREET LEMOYNE, PA 17043 CIVIL ACTION 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, 6Y 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Le han demandado a usted en la torte. Si usled quiere defenderse de estas demandas ex~uestas en las paginas siguientes, usted tiene (20) dias de plazo a partir de a fecha de la demanda y a not~cacion. Usted debe resentar una apanencia escrita o en persona o por abogado y archivar en Pa torte sus defenses o sus objeciones a las demandas encontra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin pprevio aviso 0 notification o por cualgqier queja o alivio que espedido en la petition de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANOA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARR PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO ALA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 a,~} ~io~.7s~1 u~j c~~ ~~US~ ~~ a$~s~3 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF METLIFE AUTO AND HOME COMPANY AS SUBROGEE OF KURT ANGLE P.O. BOX 410200 CHARLOTTE, NC 28241 VS. RHODES DEVELOPMENT GROUP, INC.I R&L CONSTRUCTION COMPANY 1300 MARKET STREET LEMOYNE, PA 17043 AND HAROLD F. LIGHTNER INDIVIDUALLY AND DOING BUSINESS AS HTL HEATING 8~ AIR CONDITIONING 305 STONE ROW LANE NEW CUMBERLAND, PA 17070 AND COMMON PLEAS COURT CUMBERLAND COUNTY NO. MELBOURNE PLACE CONDOMINIUM ASSOCIATION 1300 MARKET STREET LEMOYNE, PA 17043 CIVIL ACTION NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN. §201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE COMPLAINT The Plaintiff, MetLife Auto and Home, by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 1. The Plaintiff, MetLife Auto and Home, ("Plaintiff') is a Corporation authorized to do business in the Commonwealth of Pennsylvania, with a mailing address of P.O. Box 410200, Charlotte, NC 28241. 2. Plaintiff brings this action as subrogee of Christine Kobbe (herein the "Insured") under a policy of insurance issued by Plaintiff. 3. Defendant Rhodes Development Group, Inc./ R&I Construction Company is a corporation in the Commonwealth of Pennsylvania, with their principal place of business at 1300 Market Street, Lemoyne, Pa 17043 and at all times hereinafter mentioned the developed, managed and built the Insured's home located at 376 Melbourne Lane, Mechanicsburg, PA. 4. Defendant Harold F. Lightner individually and Doing Business as HTL Heating & Air Conditioning is a businesses in the Commonwealth of Pennsylvania, with their principal place of business at 305 Stone Row Lane, New Cumberland, PA 17070 and at all times hereinafter mentioned was a subcontractor for the Defendant,Rhodes Development Group, Inc./ R&I Construction Company. 5. Defendant, Melbourne Place Condominium Association, is a Corporation organized and existing under the laws of Pennsylvania, with its principal place of business at 1300 Market Street, Lemoyne, PA 17043 and at all times hereinafter mentioned the Defendant, managed, maintained, operated and controlled Plaintiff's Insured's condominium unit and the utility and water service for Plaintiff's Insured. 6. At all times herein and after mentioned the Defendants acted individually and through their agents, servants, workmen and employees who then and there were engaged in the business of the Defendants within the course and scope of their employment. 7. On or about February 19, 2011 the water pipe into the water meter at 376 Melbourne Lane, Mechanicsburg, Pennsylvania leaked causing water damaged to Plaintiff's Insured's residence. Subsequently investigation revealed the water pipe was not installed correctly. 8. As a result of the conduct of Defendants, the Plaintiff paid pursuit to its policy of the Insured the sum of Ten Thousand Three Hundred Fifty Three and 291100 ($10,351.29) Dollars plus the Insured's deductible of One Thousand and 001100 ($1,000.00) Dollars for a total of Eleven Thousand Three Hundred Fifty One 29!100 ($11,351.29) Dollars. COUNT I -BREACH OF WARRANTY 9. Plaintiff incorporates all of the allegations contained in paragraphs 1 through 7 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. Defendants, breached its expressed warranty contained in the contracts with the Insured, the original of which is in the possession of Defendants, the terms of which contained an implied warranty of workmanship. 11. Insured relied, to its detriment, upon the aforesaid promises, covenants, warranties and other representations of Defendants. 12. Defendants, by their aforesaid conduct, breached and/or violated the aforesaid expressed and/or implied warranties, promises and covenants, thereby causing damage to Insured, as a result whereof Defendants are liable to Plaintiff for its damages. 13. Defendants have been given timely notice of their aforesaid breach of warranty. COUNT II -BREACH OF CONTRACT 14. Plaintiff incorporates all of the allegations contained in paragraphs 1 through 12 inclusive of this Complaint as fully as though same were herein and set forth at length. 15. Defendants breached their contractual duties and thereby a cause of action arose in the intended beneficiary of the contract. 16. Defendants breached their contract duties in that they: a. carelessly and negligently failing to provide a safe a water line pipe into the water meter to its customers; b. carelessly and negligently failing to adequately check and inspect said water line pipe into the water meter for signs of defects; c. carelessly and negligently allowed or permitted water to damage insured's property; d. carelessly and negligently failed to warn Insured of hazards associated with said water line pipe into the water meter; e. carelessly and negligently installed the water line pipe into the water meter in a safe manner; and f. failing to insure that the water line pipe into the water meter was in proper working order. COUNT III -NEGLIGENCE 17. Plaintiff, incorporates by reference all of the allegations contained in paragraphs 1 through 16 inclusive of this Complaint as fully as though same were herein and set forth at length. 18. The said occurrence was due to the negligence of the Defendants, their agent, servant, workman or employee in that they: a. did fail to ensure the safety of the Insured's water line pipe into the water meter; b. carelessly and negligently failing to provide a safe water line pipe into the water meter; c. carelessly and negligently failing to adequately check and inspect said water line pipe into the water meter for signs of defects; d. carelessly and negligently failed to warn Insured of hazards associated with said water line pipe into the water meter; e. carelessly and negligently possessed knowledge that said water line pipe into the water meter could pose potential damage; and f. otherwise failed to use due care under the circumstances. WHEREFORE, Plaintiff demands judgment against the Defendant on each count in an amount not in excess of Fifty Thousand and 001100 ($50,000.00) dollars together with costs of suit. Date:, ~~ ~~ Paul F. Emili , ~s~t(t,~ Identif' ation o. 6654 e-m I address: pauld@demiliolaw.com Pa I M. Schofield, Jr., Esquire I fication No.: 81894 - ail address: pauls@demiliolaw.com 05 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 VERIFICATION Authorized Representative for Tiffany Gilbert IVIetLife /~~1Ut0 and Home r in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: z-14-13 ~~-' Subrogatio Specialist SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Fll.H-Q EI(; " Sheriff `J;= THE PROTHONO ;,i' Jody S Smith 2013 MAR 18 AM 9= 56 Chief Deputy Richard W Stewart 4 . *` CUMBERLAND COUNTY Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA Metlife Auto and Home Company as subrogee of Kurt Angle Case Number vs. 2013-856 Rhodes Development Group, Inc./R&L Construction Company(et al.) SHERIFF'S RETURN OF SERVICE 02/21/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Harold F Lightner, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 02/21/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: HTL Heating and Air Conditioning, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 02/25/2013 11:22 AM- Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Stacey Neidigh,Administrative Assistant,who accepted as"Adult Person in Charge"for Rhodes Development Group, Inc./R&L Construction Company at 1300 Market Street, Lemoye Borough, Lemoyne, PA 17043. DAWN KELL, DEPUTY 02/25/2013 11:22 AM-Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Stacey Neidigh,Administrative Assitant,who accepted as"Adult Person in Charge"for Melbourne Place Condominium Association at 1300 Market Street, Lemoye Borough, Lemoyne, PA 17043. .Q DAWN KELL, DEPUTY 03/05/2013 03:25 PM-The requested Complaint&Notice served by the Sheriff of York County upon Harold F Lightner, personally, at 305 Stone Row Lane, New Cumberland, PA 17070. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. 03105/2013 03:25 PM-The requested Complaint&Notice served by the Sheriff of York County upon Harold Lightner, who accepted for HTL Heating and Air Conditioning, at 305 Stone Row Lane, New Cumberland, PA 17070. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $100.00 SO ANSWERS, March 13, 2013 R-ONISW R ANDERSON, SHERIFF (o CountySuite Sheriff,Teleosoft.. nc. u SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN,ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice,11 Chief Deputy, Operations Chief Deputy,Administration METLIFE AUTO AND HOME COMPANY AS SUBROGEE OF KURT ANGLE Case Number VS. 13-856 CIVIL RHODES DEVELOPMENT GROUP, INC./R&L CONSTRUCTION COMPANY(et al-) SHERIFF'S RETURN OF SERVICE 03/05/2013 03:25 PM-DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION(CICA)BY"PERSONALLY"HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: HAROLD F. LIGHTNER AT 305 STONE ROW LANE, NEW CUMBERLAND, PA 17070. C 'DUTY 03/05/2013 03:25 PM-DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW,SERVED THE REQUESTED COMPLAINT IN CIVIL ACTION(CICA)BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE HAROLD LIGHTNER, OWNER,WHO ACCEPTED AS"ADULT PERSON IN CHARGE"FOR HTL HEATING AND AIR CONDITIONING AT 305 STONE ROW LANE, NEW CUMBERLAND, PA 17070. SHERIFF COST. $53.60 7SN RS, March 11, 2013 tRICWRD P K ERLEBER, SHERIFF I W;4M_0NWE4kLTH OF PIN NSYLVMA NOW"Seel SttW18 E.Molt,Notary Punic City Of York,Yak Chanty Comm lqn EVWN Fab.124x7 MEMBER PfflWnVML4 ASSOCN OFNOTAN S ----------- ----- ------ - ----------- ------ - --------- -------- Affirmed and subscribed to before me this NOTARY 11TH day of MARCH 2013 f (c)CountySuite Sheriff,Teleosoft,Inc