Monroe County man says Service Link, Seterus robbed and vandalized his house

By Gabriel Neves | Mar 22, 2019

SCRANTON – A Monroe County man recently filed a lawsuit against property inspection company Service Link claiming its workers burglarized and vandalized his home.

Rudolph Toussaint filed the lawsuit earlier this year in the Monroe County Court of Common Pleas naming Service Link and Seterus Inc. as defendants. They removed the case to federal court in March 11.

"On or around Feb. 7, 2017, plaintiff entered his home to find it was burglarized and vandalized, which incident was investigated by the Pennsylvania State Police," the lawsuit said.

The suit claimed items taken from Toussaint's house included two cameras valued in $5,000, a wine collection valued in $3,000 and $10,000 worth of jewelry. The suit also claimed there was damage to a stove, a wine cellar and a washer and dryer, all valued at $14,000. The total losses were valued at over $77,000.

The complaint said, "Seterus, while plaintiff was making timely trial modification payments, ordered its agent, servant, and/or employee, the defendant, Service Link, to enter, winterize, and secure plaintiff's home," and one of the company's employees was "apprehended by plaintiff's community security and ordered to submit a copy" of the driver's license, as well as to "relinquish the keys" to a new lock that was installed.

Toussaint is seeking the return of all stolen property, in addition to costs, attorneys' fees, and a jury trial.

In response to the complaint, the defendants filed a motion to dismiss the suit in the U.S. District Court for the Middle District of Pennsylvania claiming that Toussaint "failed to state a claim" for attorneys' fees and "failed to plead any facts demonstrating that Service Link was an agent, servant, and/or employee of Seterus."

Toussaint is represented by attorney Tullio DeLuca of Scranton. Seterus is represented by Eric Phillips and Stephen Hladik of Hladik Onorato & Federman LLP of North Wales.

U.S. District Court for the Middle District of Pennsylvania Case number 3:19-cv-00425-JMM

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Monroe County Court of Common Pleas U.S. District Court for the Middle District of Pennsylvania

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