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HomeMy WebLinkAbout14-7067 Supreme CoP . nnsylvania CODA f OItI O leas For Prothonotary Use Only: 6! Hver t Docket No: County p 0 Cu,, K-7 Srl 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. FCommencement of Action: S 0 Complaint E3 Writ of Summons 13 Petition [3 E Transfer from Another Jurisdiction E3 Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: State Farm Fire&Casualty Company A.C. Rimmer, Inc. Dollar Amount Requested: Owithin arbitration limits Are money damages requested? El Yes [3 No (check one) El outside arbitration limits 0 N Is this a Class Action Suit? [3 Yes No Is this an MDJ Appeal? [3 Yes El No A Name of PlaintiffilAppellant's Attorney: PAUL F. D'EMILIO, ESQUIRE [3 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 [3 Intentional 13 Buyer Plaintiff Administrative Agencies [3 Malicious Prosecution 0 Debt Collection:Credit Card [3 Board of Assessment [] Motor Vehicle [3 Debt Collection:Other [3 Board of Elections [3 Nuisance 0 Dept.of Transportation [3 Premises Liability [3 Statutory Appeal:Other S [3 Product Liability(does not include mass tort) El Employment Dispute: E Slander/Libel/Defamation Discrimination C Other: 1711 Employment Dispute:Other n Zoning Board T [3 Other: Other: 0 MASS TORT Breech of Contract 0 Asbestos Negligence N rl Tobacco [3 Toxic Tort-DES [3 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS [] Toxic Waste 0 Ejectment ® Common Law/Statutory Arbitration B Other: 0 Eminent Domain/Condemnation [3 Declaratory Judgment 0 Ground Rent (3 Mandamus rl Landlord/Tenant Dispute [3 Non-Domestic Relations Ej Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure:Commercial E3 Quo Warranto 0 Dental E] Partition Replevin [3 Legal r] Quiet Title Other: [3 Medical Other: [3 Other Professional: Updated 11112011 PAUL F. D'EMILIO, ESQUIRE THIS IS A MAJOR MATTER ATTORNEY I.D. #16654 OUR FILE NO.: STATE-2013-306 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 OF COMPANY AS SUBROGEE OF JANARDAN CUMBERLAND COUNTY P. SINHA . 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 NO. .� -` - c-? Cts r AC RIMMER, INC. 3 KEYSTONE DRIVE CIVIL ACTION MECHANICSBURG, PA 17050co ` w NOTICE "ISO < 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)dias 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 defensas 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 que PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED espedido en 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 TAIL 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 OFFER LEGAL SERVICES TO ELIGIBLE Carlisle PA 17013 PERSONS AT A REDUCED FEE OR NO FEE. (717) 249-3166 Cumberland County Bar Association (800) 990-9108 32 Bedford Street Carlisle, PA 17013 A717) 249-3166 (800) 990-9108 S 1�s .7s10 C� � PAUL F. D-EMILIO, ESQUIRE THIS IS A MAJOR MATTER ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 ATTORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 STATE FARM FIRE AND CASUALTY COMMON PLEAS COURT OF COMPANY AS SUBROGEE OF JANARDAN CUMBERLAND COUNTY P. SINHA . 112 E. WASHINGTON STREET DTB 8 BLOOMINGTON, IL 61701 NO. VS. A.C. RIMMER, INC. 3 KEYSTONE DRIVE CIVIL ACTION MECHANICSBURG, PA 17050 NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.U. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN.§201, ET. SEQ. ("THE ACTS") IN AS MUCH 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. 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 as captioned above. Plaintiff brings this action as subrogee of Janardan P. Sinha, herein.the ("Insured") under a policy of insurance issued by Plaintiff. 2. Defendant A.C. Rimmer, Inc., is a Corporation doing business in the Commonwealth of Pennsylvania, with its principal place as captioned above. 3. At all times hereinafter Defendant, A.C. Rimmer, Inc., acted or failed to act individually or through his agents, servants, workmen or employees within the course and scope of their agency or employment. 4. Pursuit to an agreement between Defendant and Plaintiff's insured relating to servicing the Insured's heater, on or about October 9, 2012, the Defendant or his representative appeared and installed and serviced the York Gas furnace model number: GY95120D2ODHIIG, replacing the blower inducer assembly at the Insured's home located at 1947 Montery Drive, Mechanicsburg, PA. 5. On or about March 2, 2013, a fire occurred in the furnace and ancillary components of the furnace at Plaintiff's Insured causing smoke and soot damage circulating by products throughout the home. 6. Plaintiff avers that the personal property of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the reasonable cost to repair the dwelling thereto being is Fifty Seven Thousand Fifty Seven and 00/100 ($57,057.00) Dollars. COUNT I - BREACH OF CONTRACT 7. Plaintiff, incorporates all of the allegations contained in paragraphs 1 through 6 inclusive of this Complaint as fully as though same were herein and set forth at length. 8. Defendant by and through its agents, servants and employees was negligent in that they: a. failed to clean out the gas fired furnace; b. failed to properly inspect said gas fired furnace; C. failed to provide a safe gas fired furnace and related parts to its customer the Plaintiff's Insured; d. failed to adequately check and inspect the gas fired furnace for signs of defects; e. failed to insure that the gas fired furnace was in proper working order; f. failed to recognize any defects with said gas fired furnace; g. failed to provide protective devices and/or safety features to prevent soot leaks; h. failed to provide a safe gas fired furnace ; i. did supply, service, and maintain the gas fired furnace in a dangerous condition so as to cause injury to Plaintiff's Insured; j. did create and allow a dangerous condition by failing to notify Plaintiff's insured of dangerous condition; k. failed to exercise the requisite degree of care and caution in the service, supply maintenance .of the gas fired furnace , I. failed to take reasonable precautions to warn of the dangers to which Plaintiff was exposed when Defendant knew or should have known of the dangers; M. failed to warn Plaintiff what would be safe and sufficient usage of the gas fired furnace; n. failed to use that degree of care, skill, foresight and caution required by the Laws of the Commonwealth of Pennsylvania and the United States of America relating to the manufacturing, distribution, service, supplying, sale and servicing of the gas furnace. COUNT 11 - NEGLIGENCE 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. The occurrence referred to above, and damage and loss of Insured's property were the result of negligence, carelessness and/or negligent acts or omissions of Defendant its agents, servants, workmen, and/or employees. Said negligence included without limitation was the following: a. failed to supervise its agents, servants, workmen and employees regarding servicing of an gas fired furnace; b. carelessly and negligently failing to adequately check and inspect the condenser, hoses and parts of the gas fired furnace for signs of defects; C. carelessly and negligently failed to warn the Insured of hazards associated with said gas fired furnace; d. knowing that the gas fired furnace could pose a potential hazard and still failed to replace or repair or clean the defective parts thereof; e. failing to recognize any defects with gas fired furnace; f. failing to insure that gas fired furnace was in proper working order; g. failed to comply with the various statutes and the law of the Commonwealth of Pennsylvania, County of Cumberland and local ordinances or regulations relating and pertaining to faucets. COUNT III - BREACH OF WARRANTY 11. Plaintiff, incorporates all of the allegations contained in paragraphs 1 through 10 inclusive of this Complaint as fully as though same were herein and set forth at length. 12: Defendant, breached its service contract with the Insured, the original of which is in the possession of Defendant. 13. Insured relied, to its detriment, upon the aforesaid promises, covenants, warranties and other representations of Defendant. 14. Defendant, 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 Defendant is liable to Plaintiff for its damages. 15. Defendant have been given timely notice of their aforesaid breach of warranty. WHEREFORE, Plaintiff demands judgment against the Defendant upon each court in an amount in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together wit costs of suit. D/ a . D'Emilio, Esquire Identification No. 16654 E-mail address: pauld _demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No. 81894 E-mail address: paulse-demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338=0338 Fax no.: 610-338-0303 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 un rn falsification to authorities. Date: t q cllSubrogation Specialist i.TILES\Clients \3050 Donegal\3050 Current\3050, 725\3050.725.pral .wpd Revised: 12/16/14 2:S7PM George B. Faller, Jr., Esquire MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant AC Rimmer, Inc. STATE FARM FIRE AND CASUALTY COMPANY AS SUBROGEE OF JANARDAN P. SINHA Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 14-7067 : CIVIL ACTION - LAW AC RIMMER, INC., Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON LAW OFFICES on behalf of Defendant in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTSON LAW OFFICES By Dated: 12/16/14 George B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul F. D'Emilio, Esquire Paul M. Schofield, Jr., Esquire 905 W. Sproul Road, Suite 105 Springfield, PA 19064 MARTSON LAW OFFICES By JV l tk-`d Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 12/16/14 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 19 iii=1 2 k OFF lwF OF TH :H RIFF State Farm Fire & Casualty Company as subrogee of Janardan P. Sinha vs. AC Rimmer, Inc. Case Number 2014-7067 SHERIFF'S RETURN OF SERVICE 12/11/2014 03:19 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Derek Remsburg, Vice President, who accepted as "Adult Person in Charge" for AC Rimmer, Inc. at 3 Keystone Drive, Silver Spring Township, Mechanicsburg, PA 17050. TIM DEPUTY SHERIFF COST: $39.30 SO ANSWERS, December 12, 2014 RONN ' R ANDERSON, SHERIFF (c) CountySuito Sheriff, Toleosoft, Inc.