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Home My WebLink About02-3267COZEN O'CONNOR BY: JONATHAN HURWITZ, ESQUIRE Attorney I.D. No. 84003 1900 Market Street Philadelphia, PA 19103 (215) 665-5518 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIN ROBBINS, 1225 Old Willow Mill Road Mechanicsburg, Pennsylvania 17050 Plaintiff, GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield, Connecticut 06431 and RON TANGER, d/b/a TANGERS APPLIANCES, 1456 Trindle Road Cadise, Pennsylvania 17013, Defendants. CIVIL ACTION NO.: PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly execute the attached Writs of Summons in the above-stated action for the two named defendants. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIN ROBBINS, 1225 Old Willow Mill Road Mechanicsburg, Pennsylvania 17050 Plaintiff, GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield, Connecticut 06431 and RON TANGER, d/b/a TANGERS APPLIANCES, 1456 Trindle Road Carlise, Pennsylvania 17013, Defendants. CIVIL ACTION NO.: WRIT OF SUMMONS TO: GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield, Connecticut 06431 You are hereby notified that Erin Robbins has commenced an action against you. PROTHO~IO~RY Seal of the Court COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIN ROBBINS, 1225 Old Willow Mill Road Mechanicsburg, Pennsylvania 17050 Plaintiff, GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield, Connecticut 06431 and RON TANGER, d/b/a TANGERS APPLIANCES, 1456 Trindle Road Cadise, Pennsylvania 17013, Defendants. CIVIL ACTION NO.: 7 WRIT OF SUMMONS TO: RON TANGER d/b/a TANGERS APPLIANCES 1456 Trindle Road Cadise, Cumberland County, Pennsylvania 17013 You are hereby notified that Erin Robbins has commenced an action against you. P OTHONO3 V Seal of the Court COZEN O'CONNOR BY: JONATHAN HURWITZ, ESQUIRE Attorney I.D. No. 84003 1900 Market Street Philadelphia, PA 19103 (215) 665-5518 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIN ROBBINS, 1225 Old Willow Mill Road Mechanicsburg, Pennsylvania 17050 Plaintiff, GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield, Connecticut 06431 and RON TANGER, d/b/a TANGERS APPLIANCES, 1456 Trindle Road Carlise, Pennsylvania 17013, Defendants. CIVIL ACTION NO.: ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Jonathan D. Hurwitz, as counsel of record for Plaintiff, Erin Robbins, in the above-captioned action. Respectfully submitted, COZEN AND C~CONNO~, . Dated: July 9, 2002 JO'7'~HAN~'~ HURWI~"Z~ \ /~ ~J COZEN O'CONNOR BY: JONATHAN HURWITZ, ESQUIRE Attorney I.D. No. 84003 1900 Market Street Philadelphia, PA 19103 (215) 665-5518 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIN ROBBINS, 1225 Old Willow Mill Road Mechanicsburg, Pennsylvania 17050 Plaintiff, V. GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield, Connecticut 06431 and RON TANGER, d/b/a TANGERS APPLIANCES, 1456 Trindle Road Carlise, Pennsylvania 17013, Defendants. CIVIL ACTION NO.: PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly execute the attached Writs of Summons in the above-stated action for the two named defendants. ERIN ROBBINS, Plaintiff VS~ GENERAL ELECTRIC COMPANY: Defendant : RON TANGER d/b/a : TANGERS APPLIANCES, : Co-Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3267 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Buzgon Davis Law Offices whose address is 525 South Eighth Street, P.O. Box 49, Lebanon, Pennsylvania 17042-0049, as attorneys for Ron Tanger d/b/a Tangers Appliances, the Co-Defendant, in the above-captioned case. BUZGON DAVIS LAW OFFICES DATE: July 23, 2002 BY: SCO~RENOBLE, ESQUIRE P.O. Box 49 Lebanon, PA 17042-0049 (717) 274-1421 ERIN ROBBINS, : Plaintiff : VS. GENERAL ELECTRIC COMPANY: Defendant : RON TANGER d/b/a : TANGERS APPLIANCES, : Co-Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3267 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF LEBANON ) I, Janelle K. Cox, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and say that i filed on July 23, 2002, in the Office of the Prothonotary of Cumberland County, the original PRAECIPE FOR ENTRY OF APPEARANCE and that I mailed, by First Class mail, in a postpaid envelope, a tree and correct copy to Jonathan Hurwitz, Esquire, 1900 Market Street, Philadelphia, Pennsylvania 19103, Attorney for Plaintiff. Swom to and subscribed be~re me this 23~d day ~). o~, :ly, .~--v_~_ ~,....----~A'Dt~002' I ~L~~ I SHERIFF'S RETURN - CASE NO: 2002-03267 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROBBINS ERIN VS. GENERAL ELECTRIC CO ET AL U.S. CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,GENERAL ELECTRIC COMPANY by United States Certified Mail postage prepaid, on the llth day of July ,2002 at 0000:00 HOURS, at 3135 EASTON TURNPIKE FAIRFIELD, CT 06431 and attested copy of the attached WRIT OF SUMMONS with The , a true Together receipt card was signed by SIGNATURE ILLEGIBLE 97/15/2002 Additional Comments: returned on Sheriff's Costs: Docketing 18.00 Cert Mail 4.42 Affidavit .00 Surcharge 10.00 .00 32.42 · Thomas Kline Sheriff of Cumberland County Paid by COZEN O'CONNOR Sworn and subscribed to before me this ~..~,c day of ~. A.D. ' P~ofihono~ary on 07/22/2002 SHERIFF'S RETURN - CASE NO: 2002-03267 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROBBINS ERIN VS GENEP~AL ELECTRIC CO ET AL REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TANGER RON D/B/A TANGERS APPLIANCES the DEFENDANT , at 1410:00 HOURS, on the llth day of July , 2002 at 1456 TRINDLE ROAD CARLISLE, PA 17013 by handing to RON TANGER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this ~,-~ day of ~ ,~_ A. D. P~o~honotary So Answers: R. Thomas Kline 07/22/2002 COZEN 0 ' CONNOR Deputy Sherfff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in. duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ERIN ROBBINS · IN THE COURT OF COMMON PLEAS VS. GENERAL ELECTRIC COMPANY · and · RON TANGER, d/b/a TANGERS APPLIANCES · · OF CUMBERLAND COUNTY, · PENNSYLVANIA Civil Action No. 02-3267 State matter to be argued: MOTION TO ENFORCE SETTLEMENT AGREEMENT AND TO MARK CASE SETTLED, DISCONTINUED AND ENDED Identify counsel who will argue case: (a) for Plaintiff.' Jonathan Hurwitz, Esquire Address: COZEN O'CONNOR 1900 Market Street Philadelphia, PA 19103 (b) for Defendant, General Electric Company: Alfred W. Putnam, Jr., Esquire Address: DRINKER, BIDDLE & REATH LLP One Logan Square 18th & Cherry Streets Philadelphia, PA 19103-6996 (c) for Defendant, Ron Tanger dPo/a Tangers Appliances: Scott L. Grenoble, Esquire Address: BUZGON DAVIS LAW OFFICES 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 o I will notify all parties in writing within two (2) days that this case has been listed for argument. 4. Argument Court Date: Next available Dated: BUZGON DA~IS~A~W OFFICES Scott L. Gr~R?oble, Esquire-Attorney I.D. #72808 525 South Eighth Street-Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Attorneys for Defendant, Ron Tanger d/b/a Tangers Appliances ERIN ROBBINS VS. GENERAL ELECTRIC COMPANY and RON TANGER, d/b/a TANGERS APPLIANCES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 02-3267 ORDER AND NOW, this day of Defendants' Motion to Enforce Settlement Agreement Discontinued, and Ended, IT IS HEREBY ORDERED that: 1) (a) The settlement in this case is enforced, and the Writ of Summons marked Settled, Discontinued and Ended. , 2003, upon consideration of the and to Mark the Case Settled, or (b) The Writ of Summons is an unauthorized filing, and is therefore invalid, and the present case is dismissed with prejudice. 2) Plaintiff's counsel and/or Plaintiff shall compensate the Defendants for fees and costs incurred in bringing this motion, which fees and costs etll arise out of Plaintiff's refusal to honor the settlement agreement. BY THE COURT, Jo DRINKER BIDDLE & REATH LLP By: Alfred W. Putnam, Jr. Attorney I.D. No. 28621 One Logan Square 18th & Cherry Streets Philadelphia, PA 19103-6996 BUZGON DAVIS By: Scott L. Grenoble Attorney I.D. No. 72808 525 South Eighth Street, P.O. Box 49 Lebanon, PA 17042 ERIN ROBBINS Vo COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GENERAL ELECTRIC COMPANY and . RON TANGER, D/B/A TANGERS APPLIANCES · Civil Action No. 02-3267 MOTION TO ENFORCE SETTLEMENT AGREEMENT AND TO MARK CASE SETTI,ED~ DISCONTINUED AND ENDEI3 Defendants General Electric Company, and Ron Tanger, d/b/a Tangers Appliances now move the Court to enforce a Settlement Agreement reached in the above captioned matter in September of 2002. In support of this motion, defendants aver: 1. On or about July 10, 2002, Jonathan Hurwitz, Esq., a lawyer at Cozen O'Connor, 1900 Market Street, Philadelphia, PA 19103 filed a Writ of Summons in the name of Erin Robbins and naming as defendants, General Electric Company and Ron Tanger, d/b/a Tanger Appliances. A copy of the writ of summons is attached hereto as Exhibit "A." 2. On information and belief, Mr. Hurwitz was actually retained by and acting on behalf of the Erie Insurance Company, which had made a settlement with Ms. Robbins in connection with a fire that had taken place on or about July 1 l, 2000 at 1225 Willow Mill Road, Mechanicsburg, PA. On information and belief, Mr. Hu~twitz was seeking to recover funds for Erie Insurance Company as subrogee of Ms. Robbins. 3. In August and September, 2002, the parti[es engaged in settlement negotiations and ultimately agreed - on September 26, 2002 - to settle the claim that Mr. Hurwitz had brought for the total amount of $55,000 of which $52,000 was to be paid by General Electric Company and $3,000 was to be paid on behalf of Ron Tanger. A copy of Mr. Hurwitz's September 27, 2002 letter reflecting the settlement is attached hereto as Exhibit "B." 4. As part of the settlement, Mr. Hurwitz was to mark the case he had brought "settled, discontinued and ended." 5. Mr. Hurwitz has since advised defendants that he is unwilling to mark this matter settled, discontinued and ended; his asserted reason is that he believes that Erin Robbins, the nominal plaintiff, has or may have a claim of her own against these defendants, which claim, he says, he has no authority to settle. 6. In fact, Ms. Robbins has asserted no claim against these defendants except insofar as that claim is reflected in the Writ of Summons that Mr. Hurwitz filed and which bears Mr. Hurw~tz s name. 7. Any claim filed on behalf of Ms. Robbins at this time would be barred by the applicable Statute of Limitations. 8. Neither General Electric Company nor Ron Tanger has been contacted by any lawyer purporting to represent Erin Robbins - other than Mr. Hurwitz. -2- 9. At all relevant times, both defendants thought that Mr. Hurwitz was authorized to mark the praecipe he had filed as "settled discontinued and ended" once he had, in fact, settled the case. At no point in the settlement negotiations between the parties did Mr. Hurwitz disclose an intention to settle the case on behalf of Erie Insurance Company but to maintain and prosecute this case on behalf of Ms. Robbins and. neither defendant would have agreed to such a "settlement" - which, of course, would not have "settled" the case at all. 10. Both defendants believe that they have entered into a good faith settlement of the above captioned matter pursuant to which this case was to be marked "settled, discontinued and ended." Both defendants believe that that se~Xlement should be put into effect and that the case should be marked "settled, discontinued and ended." In the alternative, they believe the Court should strike the writ of summons and dismiss this case as a sham and a fraud. -3- Dated: Janu~y~, 2003 WHEREFORE defendants respectfully request that this Court either (1) mark this case settled, discontinued and ended pursuant to the settlement entered into on September 26, 2002 or (2) strike the writ of summons as unauthorized and contrary to law. In either case, defendants also respectfully request that this Court award them fees and costs incident to this motion and that it enter an order enjoining plaintiff's counsel and his firm from bringing any future cases in the name of parties for whom they are not authorized to act. Respectfully submitted, A am, Jr. DRINtGER BIDDLE & REATH LLP One Logan Square 18th 8~ Cherry Streets Philadelphia, PA 191903-6996 Attorneys for The General Electric Company BUZGON DAVIS 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042 Attorneys for Ron Tanger d/b/a Tangers Appliances COZEN O'CONNOR BY.' JONATHAN HURWITZ, ESQUIRE Atiomey I.D. No. 84003 Ig00 Market Street Philaclelphla, PA 19103 (215) 065.5518 Attorney for Plaintiff NO. 1U30 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIN ROBBIN$, 1225 Old Willow Mill Road Meehenicsburg, Pennsylvania 17050 Plaintiff, GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairlleld, Connecticut 06431 and RON TANGER, d/b/a TANGERS APPLIANCES, 1456 Trlndle Road Carlise, Pennsylvania 17013, I Defendant. ; CIIVIL ACTION NO.: PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly execute the attached Writs of Summons in the above-stated action for the two named defendanta. ~0 'd LgLEE~E]GS!E!G O.L ~Gt~g t~Ec:; 8LG SNI DI~I.LD~-IE ~d OE:GO EOOE I0 F~ON NO. 1830 P 3/5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIN ROBBINS, 1225 Old Willow Mill Road Mechanicsburg, Pennsylvania 17050 Plaintiff, GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield, Connecticut 08431 and RON TANGER, d/b/a TANGER$ APPLIANCES, .1456 Tdndle Road Cadlse, Pennsylvania 17013, Defendants, CIVIL ACTION NO.: WRIT OF SUMMONS TO: GENERAL ELECTRIC COMPANY 3135 Ea~ton Turnpike Fairfield, Connecticut 06431 You are hereby notified that Erin Robbins has commenced an a~ion against you. DATE!: Seel of the Court - - PEOTHON~I~R~' 'TRUE COPY FROM RECORD ~ TmJffmty whed'e~f, ! ~ ual~ ~ ~ ~ S0 'c~ /"c:/-E886c:[E[6 01 EGt~g t;,Ec; 8~.G SNI DIiWID393 ad 0~:G0 ~00~ [0 AON NO. 1830 ? ¢/5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIN ROBBINS, 1225 Old Willow Mill Road Mechanlosburg. Pennsylvania 17050 Vo PlaintS, GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield, Conne~lcut 06431 and RON TANGER, dtb/a TANGERS APPLIANCES, 1456 Trlndle Road Carllse, Pennsylvania 17013, Defendant. i I CIVIL ACTION NO.: WRIT OF SUMMONS TO: RON TANGER d/b/a TANGERS APPLIANCES 1456 Trindle Road Carlise, Cumberland County, Pennsylvania 17013 You are hereby notified that Erin Robbin$ has commenced an action against you. DATE: PRO'TH-O~,,~ Seal of the Court LO 'd LSL~88BSIE!~ O.L E~;t~C; t~EC; 8LB SNI 3I~IDB~B ~ OE:GO E00E I'0 AON Los I:'PIII,,~PA IflC)3.3,~05 21fi.~5.2000 215,665.201 ~ FAX .Ion Hurwiu Direct Phan~ ~.IS,MS. SSI8 September 27, 2002 VIA FACSIMILE: 078-236-5217 Telephone: g78-524-5217 Catherine Lyle Litigation Manager Electric Insurance Company 1~2 Conant Street Beverly, MA 01915 VIA FACSIMILE' 717.274-1752 Telephone: 717-274-1421 Scott Grenoble, Esquire Buzgon Davis Law Offices 525 South 8m StTeet Lebanon. PA 17042 Erie's Insured: Date of Loss: Your Clients: Our File No.: Erin Robbins July 11, :2000 General Electric Company/Tangers Appliances 106148 - Dear Catherine and Scott: This will confirm our conversations of September 2B, 2002, i~ which we agreed to settle Erie Insurance Company's subrogation claims agajnst your clients arising out of the above-captioned fire loss. Specifically, we agreed to settle Erie's claims with your clients for sum of $55,000,00, to be paid as follows: TT/OO'd iSiE88GSIETG Ol EG~S ~ES 8CG SNI DI~IDB~B ~ ~E:GO E00E TO AON On behalf of General Electric: $52,000.00 On behalf of Tangem Appliances' $ 3,000.00 I will prepare a standard form of release and circulate it for your approval. Thank you for your assistance in achieving this amicable resolution. Kind regards, JH/Jc Stephanie Watts - via email Lisa Jacobs - via ematl Very truly yours, T T/t,O'cl ~-~2ESBG~T~TG O.L EGt~S t~ES 8&G SKI! 3!~.L3393 ~-~ EE:60 EOOE !0 ~ON ERIN ROBBINS, Plaintiff GENERAL ELECTRIC COMPANY: Defendant . RON TANGER d/b/a TANGERS APPLIANCES, Co-Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3267 PRAECIPE TO REMOVE FROM ARGUMENT LIST TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please remove the above-referenced matter from the argument list scheduled for March 26, 2003· BUZGON DAVIS LAW OFFICES BY: SCO'IT L.//GR~NOBLE, ESQUIRE Attorney I.D. #72808 525 South Eighth Street P. O. Box 49 Lebanon, PA 17042-0049 717-274-1421 Attorney for Co-Defendant ERIN ROBBINS, Plaintiff VS. GENERAL ELECTRIC COMPANY: Defendant . RON TANGER d/b/a TANGERS APPLIANCES, Co-Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3267 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and say that I filed on March 12, 2003, in the Office of the Prothonotary of Cumberland County, the original PRAECIPE TO REMOVE FROM ARGUMENT LIST and that I mailed, by First Class mail, in a postpaid envelope, a tree and correct copy to Jonathan Hurwitz, Esquire, 1900 Market Street, Philadelphia, Pennsylvania 19103, Attorney for Plaintiff and Alfi-ed W. Putnan, Jr., One Logan Square, 18th & Cherry Streets, Philadelphia, Pennsylvania 19103-6996, Attomey for Defendant. Sworn to and subscribed before me this 12th day lqot~try Public / . . Notarial Seal Helen L. G. Ange/o, Notary Public Lebanon, Lebanon C ~mmission Expires A~n5~ 2000 .... """ ~-'~ '~"T//vania Association of Nof~ ~7 COZEN O'CONNOR BY: Jonathan D. Hurwitz Attorney I.D. No. 84003 1900 Market Street Philadelphia, PA 19103 (215) 665-5518 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIN ROBBiNS, Plaintiff, GENERAL ELECTRIC COMPANY And RON TANGER d/b/a TANGERS APPLIANCES, Defendants. CIVIL ACTION NO.: 02-3267 PRAECIPE TO SETTLET DlSCONTINUE~ AND END TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued and ended, the parties having reached an amicable resolution. COZEN AND O'COI~NOR '" JON'"~HAN D. I~"O'P, WiTZ, A~heys for Plaintiffs