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Home My WebLink About14-4540 Supreme Court of Pennsylvania Court Of Common pleas For Prothonotary I-se Only: Civil Cover Sheet Docket No: CUMBERLAND County S The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ❑ Writ of Summons [3 Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: STATE FARM FIRE AND CASUALTY COMPANY SECCO, INC, d/b/a SECCO HOME SERVICES T Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes El No (check one) [3 outside arbitration limits O N Is this a Class Action Suit:' ❑ Yes No Is this an AIDJAppeal? ❑ Yes El No A Name of Plaintiff/Appellant's Attorney: PAUL F. D'EMILIO, ESQUIRE ❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections ❑ Nuisance Dept.of Transportation S F1 Premises Liability ® Statutory Appeal:Other FxJ Product Liability(does not include ❑ Employment Dispute: E mass tort) 0 Slander/Libel/Defamation Discrimination [3 [3C El Other: Employment Dispute:Other Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: El Ejectment [3 Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal ❑ Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER ATTORNEY I.D. #16654 OUR FILE NO.: STATE-2014-038 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 ATTORNEY FOR PLAINTIFF (610) 338-0338 STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT COMPANY AS SUBROGEE OF FRANK R. CUMBERLAND COUNTY, PA BARBA AND CYNTHIA L. BARBA C. 112 E. WASHINGTON STREET DTB 8 I r BLOOMINGTON, IL 61701 �( `1 � D � vs. SECCO, INC., doing business as '.ti SECCO HOME SERVICES CIVIL ACTION 20 p- 111 PRIMROSE AVENUE T CAMP HILL, PA 17011 h NOTICE AVISO YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND Le han demandado a usted en la corte. Si usted quiere defenderse AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, de estas demandas expuestas en las paginas siguientes,usted tiene YOU MUST TAKE ACTION WITHIN TWENTY(20)DAYS AFTER (20)dies de plazo a partir de la fecha de la demanda y la notificacion. THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING A Usted debe presentar una apariencia escrita o en persona o por WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND abogado y archivar en la corte sus defenses o sus objeciones a las FILING IN WRITING WITH THE COURT YOUR DEFENSES OR demandas encontra de su persona. Sea avisado que si usted no se OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU defiende,la corte tomara medidas y puede entrar una orden contra ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY usted sin previo aviso o notificacion o por cualgier queja o alivio qua PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED espedido an la peticion de demanda. Usted puede perder dinero,sus AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE propiedades o otros derechos importantes para usted. FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE IMPORTANT TO YOU. PARA PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE IF YOU DO NOT HAVE A LAWYER„GO TO OR TELEPHONE THE CONSEGUIR ASISTENCIA LEGAL. 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 Cumberland County Bar Association MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT 32 Bedford Street AGENCIES THAT MAY LEGAL PERSONS AT A REDUCOED FFER FEE OR NO FEEICES TO ELIGIBLE Carlisle, PA 17013 (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 � 113, �Spa�a� 09 A 9(-/ 2A Soaq1 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 ATTORNEY FOR PLAINTIFF (610) 338-0338 STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT COMPANY AS SUBROGEE OF FRANK R. CUMBERLAND COUNTY, PA BARBA AND CYNTHIA L. BARBA 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 VS. SECCO, INC., doing business as SECCO HOME SERVICES CIVIL ACTION 111 PRIMROSE AVENUE CAMP HILL, PA 17011 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, State Farm Fire and Casualty Company, by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 1. The Plaintiff, State Farm Fire and Casualty Company, ("Plaintiff') is a Corporation authorized to do business in the Commonwealth of Pennsylvania, with a address of 112 E. Washington Street, DTB 8, Bloomington, IL 61701 2. Plaintiff brings this action as subrogee of Frank R. Barba and Cynthia L. Barba (herein the "Insured") under a policy of insurance issued by Plaintiff. 3. Defendant SECCO, Inc., doing business as SECCO HOME SERVICES is a businesses in the Commonwealth of Pennsylvania, with their principal place of business at 1111 Primrose Avenue, Camp Hill, PA 17011, and at all times hereinafter mentioned, upon information and belief, SECCO, Inc., doing business as SECCO HOME SERVICES contracted in writing to develop, build, and manage the construction of the Insured's home located at 6 Kelly Drive, Carlisle, Pennsylvania 17015. The written contract between Plaintiff's insured and Defendant is not available to the Plaintiff as Plaintiff's insured has been unable to locate the document and provide a copy to the Plaintiff. However, Defendants had a common law duty of care to perform their contractual duties in a workmanlike manner. 5. 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. 6. On or about September 29, 2012, defendant installed an incorrect gas fitting, Plaintiff's Insureds range. Defendant installed a fitting installed for natural gas when it should have been a fitting designed for propane, resulting in a combustion problem which in turn caused soot and smoke damage throughout Plaintiff's Insured's residence. 7. At all times relevant hereto, the range referred to in these pleadings is a GE 363JGB600-SETSS purchased from Sears. 8. Plaintiff avers that the personal property of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable cost to repair Insured's personal property thereto being is Nineteen Thousand One Hundred Nineteen and 36/100 ($19,119.36) Dollars plus the Insured's deductible of One Thousand and 00/100 ($1,000.00) Dollars plus the cost to replace contents being Fifteen Thousand Five Hundred Eleven and 96/100 ($15,511.96) Dollars for a total of Forty Thousand Six Hundred Ninety Seven and 83/100 ($40,697.83) Dollars. COUNT I - BREACH OF WARRANTY 9. Plaintiff_incorporates all of the allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. Defendant, breached their warranties contained in the contracts with the Insured, the original of which is in the possession of Defendant, 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 Defendant. 12. Defendant, by their aforesaid conduct, breached and/or violated the aforesaid expressed and/or implied warranties of workmanship, promises and covenants, thereby causing damage to Insured, as a result whereof Defendant are liable to Plaintiff for its damages. 13. Defendant has 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 13 inclusive of this Complaint as fully as though same were herein and set forth at length. 15. Defendant breached their contractual duties and thereby a cause of action arose in the intended beneficiary of the contract. 16. Defendant breached their contract duties in that they: a. failed to provide and properly install a safe gas fitting to the insureds range; b. failed to adequately check and inspect said gas fittings for the range for signs of defects; C. Allowed or permitted smoke and soot to damage insured's property by failing to properly install the proper propane fittings for the range in Plaintiff's Insured's residence, d. failed to warn Insured of hazards associated with said gas fittings to the range; e. failed to install the proper gas fitting for a propane range and rather, installed a gas fitting for a natural gas range; f. failed to adequately inspect the range insuring that the proper gas fitting was installed; g. installed the range and gas fittings in a manner that allowed smoke and soot to build up and leak into Insured's home; and h. failed to insure that the supply line to the range and all fittings were in proper working order. WHEREFORE, Plaintiff demands judgment against the Defendant on each count in an amount in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together 07/02/2014 WED 10: 42 FAX 610 338 0303 Paul D' Em110 Law Office 0006/007 VERIFICATION Subrogation Specialist with State Farm Fire and Casualty Company 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 ation to authont es Date Subrogation VSpcialist 11c14183049971KIDWYM Received 71212014 11 40-45 AM[Eastern Daylight Time] with costs of suit. Date: By: 4al Schofield, Jr., Esquire ation No.: 81894 e-mail address: pauls@demiliolaw.com Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND 9OU1 2014 AUG 13 PH 3: 1 CUMBERLAND COUNTY PENNSYLVANIA State Farm Fire and Casualty Company as subrogee of Frank R. Barba vs. Secco, Inc. d/b/a Secco Home Services Case Number 2014-4540 SHERIFF'S RETURN OF SERVICE 08/06/2014 02:12 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Robin Toner, Administrative Assistant, who accepted as "Adult Person in Charge" for Secco, Inc. d/b/a Secco Home Services at 1111 Primose Avenue, Lower Allen, Camp Hill, PA 17011. E DIMARTLE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, August 07, 2014 RONN( R ANDERSON, SHERIFF (c) County.SuiLoSheriff, Teleosoft. Inc. MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID#73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax 717-651-3707 Email: cmreeser@mdwcg.com Our File No. 16200-00400 Attorney for Defendant STATE FARM FIRE AND CASUALTY : COMPANY as subrogee of FRANK R. : BARBA AND CYNTHIA L. BARBA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2014-4540 vs. SECCO, INC. doing business as SECCO HOME SERVICES CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Paul M. Schofield, Jr., Esquire Law Office of Paul F. D'Emilio, LLC 905 West Sproul Road, Suite 105 Springfield, PA 19064 Attorney for Plaintiffs You are hereby notified to file written response to the enclosed Answer with New Matter to Plaintiffs Amended Complaint within twenty (20) days from service hereof or a default judgment may be filed against you. By: Dated: January 13, 2015 Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN &—- )GGIN Chris plier M. Reeser, Esquire Attorney for Defendant PA ID# 73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax: 717-651-3707 Email: cmreeser@mdwcg.com MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID#73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax 717-651-3707 Email: cmreeser@mdwcg.com Our File No. 16200-00400 Attorney for Defendant STATE FARM FIRE AND CASUALTY : COMPANY as subrogee of FRANK R. : BARBA AND CYNTHIA L. BARBA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2014-4540 vs. SECCO, INC. doing business as SECCO HOME SERVICES CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT 1. Admitted. 2. Admitted upon information and belief. 3. Admitted in part; denied in part. It is admitted that Defendant Secco, Inc. is a business in the Commonwealth of Pennsylvania with a principal place of business at 1111 Primrose Avenue, Camp Hill, PA 17011. It is admitted that Secco, Inc. also does business as Secco Home Services. It is denied that Secco, Inc. and/or Secco Home Services contracted in writing to develop, build and/or 1 favor. manage the construction of State Farm's insureds' home at 6 Kelly Drive, Carlisle, PA. The remainder of the allegation in paragraph 3 is a legal conclusion to which no responsive pleading is required. 4. Omitted. 5. The allegation in paragraph 5 is a legal conclusion to which no responsive pleading is required. 6. It is denied that Defendant, or any agent of Defendant, provided service to Plaintiff on September 29, 2012. The remainder of the allegation in paragraph 6 is denied pursuant to Pa.R.C.P. 1029(e). 7. No responsive pleading required. 8. Denied pursuant to Pa.R.C.P. 1029(e). COUNT I — BREACH OF WARRANTY 9. Defendant incorporates its responses to paragraphs 1-8. 10. Denied. Defendant was not engaged in a contractual relationship with Plaintiffs insureds. It is denied that under Pennsylvania law, there is an implied warranty of workmanship for services. 11. Denied. Defendant was not engaged in a contractual relationship with Plaintiffs insureds. It is denied that under Pennsylvania law, there is an implied warranty of workmanship for services. 12. Denied. Defendant was not engaged in a contractual relationship with Plaintiffs insureds. It is denied that under Pennsylvania law, there is an implied warranty of workmanship for services. By way of further answer, the remainder of the allegations in paragraph 12 are conclusions of law to which no responsive pleading is required. 13. It is denied that Defendant breached any warranty or that it had given any warranty, whether expressed or implied, to Plaintiffs insureds. WHEREFORE, Defendant Secco, Inc. d/b/a Secco Home Services requests judgment be entered in its 2 r favor. COUNT II — BREACH OF CONTRACT 14. Defendant incorporates its responses to paragraphs 1-13. 15. The allegation in paragraph 15 is a legal conclusion to which no responsive pleading is required. By way of further answer, Defendant did not have a contractual relationship with the Plaintiffs insureds as alleged in this Complaint. 16. The averments of Paragraph 16 and subparagraphs 16(a) -16(h) are conclusions of law to which no responsive pleading is required. To the extent that said averments in Paragraph 16 and subparagraphs 16(a) -16(h) are deemed to be factual, Defendant did not have a contractual relationship with the Plaintiffs insureds as alleged in this Complaint. WHEREFORE, Defendant Secco, Inc. d/b/a Secco Home Services requests judgment be entered in its NEW MATTER 17. Paragraphs 1-16 of Defendant's Answer are incorporated herein by reference as if set forth at length. 18. Plaintiff has failed to set forth a cause of action upon which relief may be granted. 19. There was no contractual arrangement or obligation between Plaintiffs insureds, the Barbas, and Defendant as is alleged in Plaintiffs Complaint. 20. Pennsylvania law does not recognize an implied warranty of workmanship for the provision of services. 21. Defendant never gave Plaintiffs insureds an express warranty with regard to any services it provided to Plaintiffs insureds. 22. Plaintiffs claims are barred or limited by their insureds' failure to mitigate damages. 23. Upon information and belief, Defendant's damages were caused by sources other than the conduct alleged in Plaintiffs Complaint. The date of service identified in Plaintiffs Complaint is incorrect. Secco provided services to Plaintiffs insureds on October 20, 2011. WHEREFORE, Defendant Secco, Inc. d/b/a Secco Home Services requests judgment be entered in its favor. By: Dated: January 13, 2015 Respectfully submitted, MARSHALL DENNEHEY WARNER COLEMAN s GGIN Chris op er M. Reeser, Esquire Attorney for Defendant PA ID# 73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax: 717-651-3707 Email: cmreeser@mdwcg.com 4 VERIFICATION I, Barry Kindt, of Secco, Inc. d/b/a Secco Home Services, hereby state and aver that I have read the foregoing document which has been drafted by my counsel. The factual statements contained therein are true and correct to the best of my knowledge, information and belief although the language is that of my counsel, and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: `, / 5 16200-00400%AWNM Barry Kindt Secco, Inc. d a Secco Home"Services MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN By: Christopher M. Reeser, Esquire PA ID#73632 Suite 201 100 Corporate Center Drive Camp Hill, PA 17011 Ph. 717-651-3509 Fax 717-651-3707 Email: cmreeser(tmdwcg.com Our File No. 16200-00400 Attorney for Defendant STATE FARM FIRE AND CASUALTY COMPANY as subrogee of FRANK R. BARBA AND CYNTHIA L. BARBA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs No. 2014-4540 vs. SECCO, INC. doing business as SECCO HOME SERVICES CIVIL ACTION — LAW Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, Esquire, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on January 14, 2015, I served a copy of Defendant's Answer with New Matter via First Class United States mail, postage prepaid as follows: Paul M. Schofield, Jr., Esquire Law Office of Paul F. D'Emilio, LLC 905 West Sproul Road, Suite 105 Springfield, PA 19064 Attorney for Plaintiffs Michael J. Dougherty, Esquire Weltman, Weinberg & Reis, Co., LPA 325 Chestnut Street, Suite 501 Philadelphia, PA 19106-2605 Christopher M. Reeser