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Home My WebLink About05-2036 F: \FILES\DA T AFILE\State 7550\Current\ 104 com 1 Created: 9120104 0:06PM Revised: 4118105 3:56PM 7550,104 I Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GREG G. GULICK, 529 Y2 West Simpson Street, MechanicsbUTg, PA 17055, AND STATE AUTO INSURANCE COMPANIES 4900 Ritter Road, Suite 200, MechanicsbUTg, PA 17055, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN A v. NO. () 5 - ,) o3G:> C;.J CIVIL ACTION - LAW MONTOUR OIL COMPANY 80 South 40th Street Harrisburg, P A 17111, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the foil mg pages, you must take action within twenty (20) days after this Complaint and Notice are serv ,by entering a written appearance personally or by attorney and filing in writing with the court your de nses or objections to the claims set forth against you. You are warned that if you fail to do so, the cas may proceed without you and a judgment may be entered against you by the court without furtheT noti e for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. Yo may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OF ICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABL TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER I. AI. SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 70 13 Telephone:(717) 249-3166 Date: April 19, 2005 By Daniel K. DeardOTff, EsquiTe Attorneys for Plaintiffs Daniel K. DeardOTff, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys fOT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN A GREG G. GULICK, 529 Y, West Simpson Street, Mechanicsburg, PA 17055, AND STATE AUTO INSURANCE COMPANIES 4900 Ritter Road, Suite 200, Mechanicsburg, PA 17055, Plaintiffs v. NO. CIVIL ACTION - LAW 05- <:203 b MONTOUR OIL COMPANY 80 South 40"' Street Harrisburg, PA 17111, Defendant COMPLAINT 1. Plaintiffs are Greg G. Gulick, who is an adult individual residing at 529 Y, West Simpson Street, Mechancisburg, CumbeTland County, Pennsylvania 17055, and State Auto Ins ance Companies, which is a Pennsylvania insurance company located at 4900 Ritter Road, Suit 200, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Montour Oil Company, which is a Pennsylvania business locate at 80 South 40th Street, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Plaintiff issued to its insured, GTeg G. Gulick, a pTOperty damage insurance olicy, No. HPA 003711, which was in effect on March 17, 2004, and pTOvided insurance to Gul" k for property damage as a result of carelessness and negligence of others. 4. Gulick owns a residence at 529 Y2 West Simpson Street, Mechanicsburg, Cumb rland County, Pennsylvania. 5. On March 14, 2004, Gulick had his furnace serviced by Defendant at his res dence in Mechancisburg, Cumberland County, Pennsylvania. ... 6. When Defendant's service technician was finished, he increased the pressur in the furnace to make it more efficient. 7. As a result ofthe above action by Defendant's service technician, the pressur in the furnace built up and it blew off the safety valve of the furnace. 8. On March 17, 2004, Gulick noticed that the furnace had blown off the safety valve and released water throughout the basement. 9. As a result of the above, Gulick had to have the carpet in the basement repla ed at a cost of$3,437.00. 10. Pursuant to its policy of insurance, Plaintiff paid to Gulick $3,187.00 to rei urse Gulick in part for the damage caused by Defendant and its service technician as stated abov . 11. Defendant, through the actions of its service technician, was negligent and ca e1ess by increasing the pressure in the furnace of Gulick, which caused the damages as set forth ave. 12. Defendant, through its service technician, also breached its duty to provide se Ices to Gulick in a reasonably professional manner. 13. As a result of Defendant's negligence, carelessness and breach of its duty to Glick, Plaintiff, pursuant to its policy of insurance, was required to payout $3,187.00, and Gulickh his own cost of$250.00 to repair said damage. WHEREFORE, Plaintiff demands judgment in against Defendant in the amount of$3,43 .00 plus costs ofthis action, all of which are within the arbitration limits of Cumberland County. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OT By Daniel K. Deardorff, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 19, 2005 Attorneys for Plaintiffs ... VERIFICATION I, Roberta Kylor, Claim Representative of State Auto Insurance Companies, acknowledg I have the authority to execute this Verification on behalf of State Auto Insurance Companies and certify the foregoing Complaint is based upon information which has been gathered by my counse in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my wn. r have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and beli f. To the extent the content of the Complaint is that of counsel, r have relied upon counsel in maki g this Verification. This statement and Verification are made subject to the penalties of I 8 Pa. C.S. 9 4904 r lating to unsworn falsification to authorities, which provides that if! knowingly make false ave nts, I may be subject to criminal penalties. FIF1LESIDA T AFILEIState7S50\Currentl104.coml ,~ ~. '-.. -. ",' <;;;;- 'J ~ 'K ~. ~ ~ v-\~ \1'\ ~ i.r.., \jl <::::.. <;::j, \. \~ ~~~ ~ -------- 0;::::; 0 tJ; ..." -' ~; ;!c" :D :;;:,~1 . . . r-::: -;1.0.....' ~~\'J i~',~\ ('~i}' ,...) CJ !?; ,) - .(}~ -,~~ ;~--~ 1'--' U\ ~0 .~ - F:IFILESIDAT AFILElSlale7550ICummt\104\104,pral!ajl Created, EJ13iOS S:42AM Revised: 6/23/05 8:54AM 7550,104 Daniel K. Deardorff, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 17837 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Plaintiff GREG G. GULICK, and STATE AUTO INSURANCE COMPANIES, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2036 CIVIL ACTION - LAW MONTOUR OIL COMPANY, Defendant PRAECIPE TO SETTLE. DISCONTINUE & END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Plaintiffs request the above-captioned matter be marked settled, discontinued and ended. MARTSON DEARDORFF WILLIAMS & OTTO By ~dt~~dt Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffs Dated: June 23,2005 CERTIFICATE OF SERVICI~ I, Ami J. Thwnma, an authorized agent for Martson DeardOTff Williams & Otto, hereby certify that a copy of the fOTegoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addTessed as follows: Ms. Melinda Kring Senior Paralegal SUNOCO, INC. 1801 Market Street Philadelphia, PA 19103 MARTSON DEARDORFF WILLIAMS & OTTO ~, tJhMNlR- By V\~l Ami J. Th 10 East High reet Carlisle, P A 17013 (717) 243-3341 Dated: June 23, 2005 C) "^' 0 c:;::-, ,;; 0::;';::) -;'1 '-;;.J"1 f'.' -.J -',~ (,.,) N (..0 -