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Home My WebLink About00-00551 ',- '0'"' "-',- . ."',,"'.",,,',<>--,,,' ___ c.. '",' _'-. .-,- ,- _~ ,'~" "_-,,- ,o."'r~'~,_~_ -, ,,", .'~ '.__ ,;-'~" "") IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Jerry Danyluk and Sally Danyluk : NO. 02000 - S-S-/ CoL [~ Plaintiffs vs. Erie Insurance Group, Defendant : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly issue a Writ of Summons against Erie Insurance Group, 4901 Louise Drive, Rossmoyne Business Center, P.O. Box 2013, Mechanicsburg, Pennsylvania, as Defendant in the above captioned matter. Damages are in excess of Twenty-Five Thousand ($25,000,00) Dollars, JOHN JONES & ASSOCIATES Y: Danielle Peyakovic , Esquire Attorney J.D. #689 Route 61 North P.O.Box 149 Pottsville, PA 17901 Telephone: (570) 622-3355 DATED: f!3//da , , ~... ~::... 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"~ --~ ... ~, "-, Commonwealth of Pennsylvania County of Cumberland Jerry Dany1uk and Sally Dany1uk Court of Common Pleas VB. r<o, ______G~_QQ~?5_l_~jj[il_rsc~________ 19____ Erie Insurance Group 4901 Louise Drive Rossmoyne BUsiness Center P.G.Box 2013 Mechanicsbu:cg, PA 17055 In ______~iyj_l_~9jtiQD_~_~~_________________ To ____~!_~~_!!l~~f~~~_9~Qyp_________________ You are hereby notified that -------_!::~~-~~y~~-~~~-~~-~~y-~-~~y~~---------------------------------------------------- the Plaintiff ha s commenced an action in __~iy4_1_A~t4_9_Il_::_1.<!~__u_________u____uu_______u against you which you are required to defend or a default judgment may be entered against you, (SEAL) ._---~~~~~-~:_!'.?_~~--------------------------- Prothonotary Ilate ________~~-3~_2Dilll__ ______ J~[L_m Ileputy ~m.'i~..~, ~r '".."'" I '~ ~~.i\WI<'ii~"""'-~~~~-" > S j ~~d':'l6'6'ii? ooetOc:::r::> . I rt. 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" JERRY DANYLUK and SALLY: IN THE COURT OF COMMON PLEAS DANYLUK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, : No.: 2000-551 Civil Term : CIVIL ACTION - LAW ERIE INSURANCE GROUP, Defendant O..<..n'\btcA I ~J:-l TO THE PROTHONOTARY OF ~ COUNTY: ~fff~~[tiliwflt~1fi*i1~iii{[{lf~t~tfl~!f!iftliiliit~_IJIII_t~~:::~~::~::~?:::.~::'. .v' ~t~I~$!j~!f.I~rt~i*'~t.t~ltij!.tifli Please enter the appearance of Thomas E. Brenner, Esquire and Goldberg, Katzman & Shipman, P.e. as counsel for Defendant, Erie Insurance Group, Respectfu J>mitted, DBERG, KATZMAN & SIDPMAN, P.C. By: Thomas E, Brenner, Esquire Attorney I.D. No.: 32085 320 Market Street, Strawberry Square Harrisburg, PA 17108-1268 (717) 234-4161 Attomey for Defendant Dated: June 26, 2000 47112,\ ~, h. ~ ~~~ 0-' - .~. .- ~-_ -,.;- i.- ','- -,- ~"b i *,'"~C'~~'''''''''JJ,,'':''' ~ CERTIFICATE OF SERVICE I hereby certifY that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Danielle Peyakovich, Esquire JOHN JONES& ASSOCIATES Route 61 North P.O. Box 149 Pottsville, P A 17901 Attorney for Plaintiffs , KATZMAN & SHIPMAN, P.c. By: T er, Esquire Date: June 26, 2000 47104.1 ....... - 0 C> ~ C 0 <;: '- ---\ -OW c: ~~;t ." ITlj"n Z . r' 2...1 -oPl -, N zs;- P~~6 ff1 ' -J ~Z $,. CI -U '< ,'):D ~O -1'~ - ~...O -0 '-:? Om J>c:: ?5 ~ U) -< -, ,"'~ ", . ,. -- ,,-""'~. < ,-- 1,'- ~ _'-" ".-.~", """~~,';"'-O,, "'--_'_ ;C,-,; '_ JERRY DANYLUK and SALLY DANYLUK, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : No,: 2000-551 Civil Term : CIVIL ACTION - LAW ERIE INSURANCE GROUP, Defendant Qt..u'>1.b~ I;,. t{ TO THE PROTHONOTARY OF YOnK COUNTY: Please issue a Rule upon the Plaintiffs, Jerry Danyluk and Sally Danyluk, to file a Complaint within twenty (20) days or suffer non oros sea. reg, Respectfully submitted, GO , KATZMAN & SHIPMAN, P.c. By: ermer, Esquire AttorneyI.D. No.: 32085 320 Market Street, Strawberry Square Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Dated: June 26, 2000 TO: Jerry Danyluk and Sally Danyluk: AND NOW, this ~ay of June, 2000, you are hereby ordered to file a Complaint within twenty (20) days or suffer non oros sea. reg.. 7 By: ~<;/ (L~ i7;:. J k.~ rbthonotary Date: JLuJP .:2 ') ~(")oD 47097.1 ' ",- ~ ,. '<<<-'>-,",".c< '0__." " _ _=~_'_"",__ ~,:,-,-, --'--'j - CERTIFICATE OF SERVICE I hereby certifY that I served a copy of the foregoing document upon the person( s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Danielle Peyakovich, Esquire JOHN JONES& ASSOCIATES Route 61 North P.O. Box 149 Pottsville, PA 17901 Attorney for Plaintiffs B,CL::flZ:SHWMAN'P.C Thomas E. Brenner, Esquire Date: June 26, 2000 47104.1 lid - ~', ~'"" ~~""- n~ ~ ~"- -" -~ . (') 0 0 c: 0 ~., .,. "- :-000 --I f2 ',- ~rn "-'::>1 :1] r.lp=:: 2~' N -crm '':2 ~2: ..., -0< ~O ~:~~:,(.J ;:0. "1:> :r: :rJ ~8 :J:: (;>(') ':l Om ~ --I N ~ 0 -< [J , , '. i-: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JERRY DANYLUK and SALLY DANYLUK, NO. 2000-551 Civil Plaintiffs vs. ERIE INSURANCE GROUP, Defendant : COMPLAINT NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Court House Carlisle, P A 17013 Phone: 717-240-6200 . .-, i ~(i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW JERRY DANYLUK and SALLY DANYLUK, NO. 2000-551 Civil Plaintiffs vs. ERIE INSURANCE GROUP, Defendant COMPLAINT Plaintiffs, JERRY DANYLUK and SALLY DANYLUK, by and through their attorneys, Danielle Peyakovich and John Jones & Associates, hereby bring the following causes of action against Defendant, Erie Insurance Group, and in support thereof aver as follows: Count I Breach of Contract I. Plaintiffs are Jerry Danyluk and Sally Danyluk, adult individuals residing at 834 Acri Road, Mechanisburg, Cumberland County, Pennsylvania. 2. Defendant, Erie Insurance Group, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with principal place of business at 100 Erie Insurance Place, Erie, Erie County, Pennsylvania. .,i 3. David Witmer (hereinafter "Witmer") is an adult individual with principal place of business, as known by Plaintiffs, located at 4902 Carlisle Pike #247, Mechanicsburg, Cumberland County, Pennsylvania, and has acted on behalf of Defendant Erie and with its knowledge. 4. On or about February I, 1999, the Plaintiffs sustained significant damage in the interior of the home located at 834 Acri Road as a result ofa non-vented fireplace. 5. The soot deposits have damaged the walls in the kitchen, dining room, first floor powder room, foyer, living room, family room, master bedroom (including both closets), master bedroom bath, bedroom 2 (including the closet), bedroom 3 (including closet), landing, stairs, hall, upstairs bathroom, and bedroom 4 (including closet), requiring repairs that include cleaning, sealing and repainting. 6. The soot damage has also caused significant damage to the new carpeting that had been installed throughout Plaintiffs' home, requiring removal and replacement of the carpeting in the above-mentioned areas of the home. 7. With the damage caused by the soot and debris from the faulty fireplace insert, Plaintiffs' personal property throughout the home has been damaged, including but not limited to furniture, clothing and other personal effects. 8. During the time of the damage, Plaintiffs were covered by Home Protector Insurance from Defendant Erie for coverage of their property located at 834 Acri Road, Mechanicsburg. This insurance provides: "Our Promise We will pay for loss to: 1. Your dwelling at the residence premises shown on the Declarations. Dwelling includes attached structures and building eqnipment and fixtures servicing the premises." (P. 4 of the 2005 Ultracover Edition policy). 9. As a result of these damages to their primary residence, the Plaintiffs promptly notified Defendant Erie of the claim on or about February 1,1999. 10. On February 2, 1999, Witmer contacted Plaintiffs concerning their loss claim and arranged to inspect the damaged property on February 3, 1999. During the initial site evaluation, Witmer identified himself as working "with" Defendant Erie. It is unclear to Plaintiffs what Witmer's position is with Defendant Erie; however, Witmer has authorization by Defendant Erie concerning adjusting matters as evidenced by Witmer's use of Erie's letterhead and its knowledge of his actions and/or inactions. 11. On February 3, 1999, Witmer advised Plaintiffs that he would be contacting "his friends at Purofirst" for an estimate. 12. It was not until May 5, 1999 that Purofirst came to inspect Plaintiff's residence to inspect the damage. 13. Being concerned by the ongoing and continuing delays, Plaintiffs inquired about having another company provide estimates. 14. In July, 1999, Purofirst was hired by Witmer and purportedly Defendant Erie to clean the Plaintiff's residence. ~, ~- -- - , oj '. 15. Plaintiffs were advised by Witmer that theyhad no right to obtain repairs from any other party but Purofirst. 16. It was not nntil August 5, 1999, six months after the loss was reported, that Purofirst provided an estimate to repair the damage to Plaintiffs' residence. 17. Specifically, when Plaintiffs contacted Witmer to discuss the estimates, he informed them that if they wished to have the repairs covered, it would be necessary to use Purofirst for all repairs. 18. After these conversations, Witmer then refused to handle the claim, return telephone calls or discuss any repairs with Plaintiffs. 19. The Plaintiffs' residence continues to be damaged and in need of immediate repair. However, Defendant Erie has refused to allow the repair of the residence. 20. It is averred that the repair estimate submitted by Plaintiffs and Plaintiffs' connsel is fair and reasonable for the extensive damage caused to the Plaintiffs' residence. Plaintiffs have been required to hire' the services of an attorney to seek authorization for these repairs and therefore Plaintiffs are entitled to attorney's fees. 21. Defendant Erie has breached its contractual obligation to Plaintiffs by refusing to pay for property losses as requested by Plaintiffs and covered nnder its homeowner's insurance contract. WHEREFORE, Plaintiffs, Jerry Danyluk and Sally Danyluk, demand judgment in their favor for Defendant Erie's breach of contract, including allowable interest and all other recoverable damages, in an amonnt in excess of $25,000.00. .-, " COUNT II Bad Faith 22. Paragraphs I through 21 are incorporated herein by reference as though fully set forth at length. 23. On or about February 7, 1990, the Governor of Pennsylvania signed into law 42 P.S. 98371, effective July 1, 1990, titled "Actions on Insurance Policies", which provides a private cause of action for bad faith against insurance companies as follows: "In an action arising under an insurance policy, if the Court finds the insurer has acted in bad faith towards the insured, the Court may take all of the following actions: (I) Award interest in the amount of the claim from the date the claim was made by the insured in an amount equal to the prime rate of interest, plus three percent. (2) Award punitive damages against the insurer; (3) Assess court costs and attorney's fees against the insurer." 24. It is believed and therefore averred that Defendant Erie has had no reasons to refuse to make repairs on Plaintiffs' residence or restrict Plaintiffs' ability to repair their residence, specifically Witmer's decision restricting Plaintiffs' repairs to only Purofrrst and when Purofrrst was questioned by Plaintiffs, Witmer refused any additional contact with Plaintiffs; coupled with Defendant Erie's refusal to accept alternate estimates for repairs as provided for and set forth in Defendant Erie's contract for homeowners coverage as entitled under Pioneer 21st Century Home Protector Insurance Policy, 2005 Ultracover Edition. It is further averred that the action by the .,. . Defendant Erie, by and through its adjuster, Witmer, was intentional and willful, as directed towards Plaintiffs. 25. It is believed and therefore averred that based upon the allegations set forth herein, Defendant Erie is guilty of bad faith. WHEREFORE, Plaintiffs, Jerry Danyluk and Sally Danyluk, demand judgment in their favor in an amount representing appropriate. damages pursuant to the above statute, including interest, pnnitive damages, Court costs and attorney's fees. JOHN JONES & ASSOCIATES BY: Danielle Peyakovich, Esqu' Attorney LD. #68903 Route 61 North P. O. Box 149 Pottsville, P A 1790 I Telephone: (570) 622-3355 DATED: 7-/Z-DO 1: ~1 ~: ~'i' . VERlFlCA. lION 1 verifY that the statements made in the fo~going CQmplalnt ate true and ~\Jrrect. I undel'Stlllld that false statemen~ herein are made ~1lbjeet to the penalties of 18 Pa. C.S.A. Sec. 4904 relating UlIll1SWom falsificstiOll to authorities. DJ!> ---~"""",,,-.------ >- 9; ~ Ll_'C) !~~ ,~~) (\1 0'; r= 5 c,:';; (..)<: :'r i~~fi '1<: ;--:..lu ~:~~ a.. .:;) () .. S2 -f':.:; ':-.~ _.~ ".!- "'~ :::::;: C") t::.; rz,. 0 Ul 5 '" ... w Ol < 4-< <= l- i:: '" 4-< ttl < >-1 ."" 'd U ~ p,. ~"" ... <= z I>< <= '" 0 ~ z~< >-1 ."" 4-< en , Ul o >-1 :;;j ttl . '" en >- Ul ~81 M p,. A Ol . >- '" <( v 0 '" p,. ;:> Z Ul '" 0 M 0 cO x Z OJ u ~ Z'.-I 'd ~ 0 III z N o > <= Ul ID W (j) ~ H 'r-! ttl ci w n. w >- 0 O>-1HU '" Z Ii 0 " ~u ~ U 0 W !'! E-l~<....-l ;:> ~ 0 0: -' ~~ '" >-1 J -' ;:> >-1'" I>< > o HI :;:j ;:> UUt>O '" z Ul HO A ~ Z I l- I- '" UO ;:> H 0 0 P' N 1><>-1 . J n. H gjl>< en '" > H Z 0 ",:;:j ~ H Z "A '" . ,~ ..,' #-~"'''''' - '1>. JOHN ."r,_/ JONES 8 AS.sOCIATES '. _,__~___~""l!J!'I~_'''''''''~ _^,.~,"~. _ ~ ~~ '0' ~".._ ,. ... - - ~."'~.". ~ ~ -. , JERRY DANYLUK and SALLY: IN THE COURT OF COMMON PLEAS DANYLUK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, : No.: 2000-551 Civil Term : CIVIL ACTION - LAW ERIE INSURANCE GROUP, Defendant lli~Bun~~lilrji~11l~fijiiiiI1jif.~tttf~iiljiiiii'i%~~ll~il.~f.11I1jl_11!%tli~1.ttit~i!ti:tI.!f.~A'lilj TO: Jerry Danyluk and Sally Danyluk, Plaintiffs c/o Danielle Peyakovich, Esquire JOHN JONES& ASSOCIATES Route 61 North P,O. Box 149 Pottsville, P A 1790 I You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, GBERG'~MAN'P.C. BY: ~ Thomas E. Brenner, Esquire ID#:32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Date: July 31, 2000 ."- ""1!1 ill "1 Ii] !iJ !I ,tj Ii II II 11 II Ii :! II 'I I I I II II " II II I, I.' :1 'I i I , i 'I I I , II II :1 II "n ~,. -". '"... --,-~ -/ " '-,,, -.^," .,_.,., ~---~ - -~ -~~ ~, - ..~,-~ ,~.~ --~~ , .-" '~:; [ , [, t',' i~~ [ ~j l .\ , ~, ~, Ii , , 11 !1 r,! P .1 11 II ~~ ~ .' H f~ Ir ,< i; (~ Ij II I j 11 I', rl ;~ Ii , II 11 Ii ,~ "1 iJ 1'1 , r~ , ~ ~ " I , ! ~ ~ ~ JERRY DANYLUK and SALLY : IN THE COURT OF COMMON PLEAS DANYLUK, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v, : No,: 2000-551 Civil Term : CIVIL ACTION - LAW ERIE INSURANCE GROUP, Defendant [1_.If.$j_Ir....._t.I~:~.:~~~~~::::~r~~::I..::'~~._~ AND NOW COMES, Defendant, Erie Insurance Group, by its attorneys, Goldberg, Katzman, & Shipman, P.C. and states: COUNT I Breach of Contract 1. Admitted. 2. Admitted with clarification. Erie Insurance Group does not issue policies such as the homeowner's policy in question in this litigation. Rather, the homeowner's policy for the Plaintiffs was issued by Erie Insurance Exchange. 3, Admitted, 4. Denied, It is admitted that the Plaintiffs sustained damage from ongoing problems with their gas fireplace insert, but these damages dated back to the time of construction. The characterization of "significant" is denied. 5, Admitted, 6. Denied in part. It is admitted that the Plaintiffs sustained damage. The characterization of "significant" is denied. 7, Admitted with clarification. Personal property items were cleaned by Purofirst to the Plaintiffs' satisfaction, 8. Admitted with clarification, Erie Insurance Exchange issued the policy to Plaintiffs, 9. Admitted with clarification. Erie Insurance Exchange issued the policy to Plaintiffs. ~ " -""~ ~ - ~ 10, Admitted with clarification, Erie Insurance Exchange issued the policy to Plaintiffs, 11. Denied. Dave Witmer identified several restoration companies to the Plaintiffs, Mrs. Danyluk called Purofirst. 12, Admitted with clarification, In the interim, an engineer inspected the Plaintiffs' home to ascertain the source of the soot. 13. Denied as stated, Plaintiffs' comments about another contractor came after Purofirst inspected the Plaintiffs' home. 14, Denied as stated. Purofirst was hired by the Plaintiffs to clean the Plaintiffs' residence. r r, I:: ~ i i- I " , L I 11 Ij ! (- 15. Denied. Erie's representative identified Purofirstas a company experienced in soot clean up, Plaintiffs indicated they wished to obtain an estimate from a contractor of their choosing. However, Plaintiffs never provided this estimate. Rather, they approved Purofirst to perform the clean up work in July 1999 and the work commenced in August 1999, 16. Denied. The engineer's report and laboratory analysis confirmed the damages was a covered loss in early May and then Purofirst performed an inspection to prepare an estimate. This estimate was provided to Plaintiffs in June, Plaintiffs questioned several items on the estimate and after several discussions, agreed to the use ofPurofirst on July 16, 1999. Cleaning began in August 1999, 17. Denied. Erie did not prohibit Plaintiffs from obtaining their own estimates. Plaintiffs indicated they wished to obtain an estimate for soot damage clean up. They never submitted an estimate for a cleaning company, 18, Denied, Dave Witmer returned numerous phone calls to Plaintiffs and responded to their questions. 19. Denied, The cleaning was completed by Purofirst. An offer consistent with the Plaintiffs' estimates for the carpeting and painting has been approved by Erie. Erie had issued a settlement check and forwarded the same to Plaintiffs in the amount of $14,073.51 for the carpeting and painting on or about September 2, 1999. This check was returned to Erie and not I 'I , :1 I ! ~ II II 'I i i ~ I 'I \ I ,,-~ -~". -,-~ _ ~,,", "'_"'0"_ ."- '" ~ -.. "', _ ,~~~ .M' "~,,__~___ accepted by the Plaintiffs, Plaintiffs have requested that Erie replace the fireplace insert which is not covered under the Erie policy and Erie has refused to pay for the fireplace. 20. Denied as stated. After a review of Plaintiffs' estimates and discussions, Erie offered to settle the claim for the carpeting and painting expenses based upon the estimates, with revisions, provided by Plaintiffs. It is denied that Plaintiffs had to seek the services of an attorney regarding the repairs or that any attorney's fees are owed, 21, Denied. Erie has not breached its contractual obligation and Erie has agreed to pay for appropriate property losses covered under the homeowner's policy. WHEREFORE, Defendant, Erie Insurance Exchange, requests that Count I of Plaintiffs' Complaint is dismissed with prejudice, COUNT II Bad Faith 22. The answers to paragraphs 1 through 21 are incorporated herein by reference, 23. Admitted, 24, Denied. Erie did not restrict the repairs or refuse to pay for repairs to Plaintiffs' residence. It is denied that Erie limited the Plaintiffs' choice of contractors. It is specifically denied that Dave Witmer refused to interact with the Plaintiffs. An estimate of repair by Purofirst, a recognized restoration company, was provided and Purofirst was selected by the Plaintiffs and performed the clean up in a satisfactory and workmanlike manner. Purofirst was approved by Plaintiffs to perform that work. It is denied that Erie refused to accept alternative estimates for carpeting and painting, Erie has offered to resolve the claim based upon the altemative estimates for carpeting and painting as proposed by the Plaintiff. It is specifically denied that there was any inappropriate conduct by David Witmer in handling this loss, 25. Denied. Erie acted properly in the adjustment of the loss. There is no bad faith regarding this claim. WHEREFORE, Defendant, Erie Insurance Exchange, requests that Count II of Plaintiffs' Complaint is dismissed with prejudice, '"Co',.; ,",' 1'1 :) '~..'.. .." I.. II II J1 t'l 1'.1 I 1,1 II k J' I.l I.j 1.1 Ii II I..' 'j' I " II [~ Ii fl \:~ !'j 'I II " I' ,~ ':i II :1 1:~ I'~ II !I i I I I ]1 jj ,_~, . ~, , _~,~" .~= '. 0 ""om .,'-> """_,~. ~=-~~~' '""" - <-' , ~. - 'i_1 ~ -I fJ 1 I I I 1 Ij 11 [1 II ! II 11 II 1,1 'I h ~ 11 I' !I , ! NEW MATTER 26. Any delay in the completion of the adjustment ofthe loss arises from the Plaintiffs' failure to respond to inquiries made by David Witmer of Erie Insurance, including (a) Plaintiffs' failure to promptly respond to information and requests from David Witmer; (b) Plaintiffs' failure to secure estimate for cleaning service; ( c) Plaintiffs' failure to promptly secure carpet and painting estimates; and (d) Plaintiffs delaying their approval ofPurofirst to commence clean up work 27. Plaintiffs have claimed as damage the replacement of the gas fireplace insert which is an item not covered under the Erie Home Protector Policy. 28, A copy of the Erie Home Protector Policy is not attached to the Complaint and a copy is appended to the Answer and incorporated by reference, 29. The clean up work by Purofirst was completed and accepted by Plaintiffs. 30, Erie has approved Plaintiffs' counter estimates for painting and carpet replacement. After these amounts were accepted by Erie, Plaintiffs have sought to increase the estimates. WHEREFORE, Defendant, Erie Insurance Exchange, requests that the Plaintiffs' Complaint be dismissed with prejudice. I' J 11 ..1 11 II 11 ~ ~ ~ :1 Respectfully submitted, & SHIPMAN, P.C. BY: Thomas . renner, Esquire ID#:32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant Date: July 31, 2000 48474,1 - j, - , '~ 14:02 JUL 26, 2000 *6352 PAGE: 2/2 :~ i : ~ 1'1 :~: , I I' VERIFICATION ] ;1ereby acknowledge that I have read the foregoing document and that the facts stated herein ar. true and correct to the best of my knowledge, information and belief .1 11e undersigned understands that the statements therein are made subject to the penalties of 18 Pa c.s. ~4904 relating to unsworn falsifications to authorities, I'~ ~ 11 E By: , I DATE: 7---;;17--00 t' 48827.1 '., '-'."" '-.,.,., ,,,c.' ,~~. ~~-. <~~,--~-'-',-._" '".-,' ,."," -, ,"',-," - ., CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Danielle Peyakovich, Esquire JOHN JONES& ASSOCIATES Route 61 North P.O, Box 149 Pottsville, PA 17901 Attorney for Plaintiffs GOLDBER TZMAN & SHIPMAN, P.e. ~ By: T E.Br , Esquire Date: July 31, 2000 47104.1 '. .-':'-~<1'1 " "' ~, \" ii ~i ~-I ~ ri Ii Ii! I' I:! I' ii '~'" .';:'J _, "~,,, . _' ,_,.,._~ ",'_ "_J",,,~ " ~ "," ,'" ,+ '. ""; ~_." " " " "'" ;+i ;f~>: ~:~= )": ,.', _'."" '-. J ;:~ :=:j -< n .;:~ , '" o ;::,-) '1'"J!'O ;...- ''::") f"J . ') S~:~ ~;;:'i .< - r, ?~!1 'H~ , ~ ;." - i_ <1 '... JERRY AND SALLY DANYLUK : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF v. CNIL ACTION - LAW ERIE INSURANCE COMPANY DEFENDANT NO. 2000-551 Civil ENTRY OF APPEARANCE Kindly enter the appearance of Daniel K. Natirboff, Esquire, on behalf of Plaintiffs, Jerry and Sally Danyluk, in the above-captioned matter. Respectfully submitted, Daniel K. Natirboff, Esqnire Supreme Court LD. No. 78 1I CAPOZZI & ASSOCIATES, P.C. 3109 North Front Street Harrisburg, P A 17110 Telephone: [717] 233-4101 ~_...-..L...." il~1 1 Ii iill!li.1Illi<l!&tll!i~ - "t~"~ ~~.- I ~- .' 0 Cl 0 C Cl -71 ;:;: ::;0:; ,.,{ "t}(J) D ;:-Ti;g mom eO::: Z::U , ZC f .-.-,01 ~:Z Cl' ~';~? :::.::\0 ~CJ -0 '-<"-1\ ---r"! >'0 3 9(~ Zc) t1i' ~rn )>e: ~ ~ N ~ 0 '-< , :,_-~~.'~' ~J~~~ "" ~. .- .--~ -' ,,"" ,~~~, ,j,=, A. JERRY AND SALLY DANYLUK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CIVIL ACTION - LAW ERIE INSURANCE COMPANY DEFENDANT NO. 2000-551 Civil CERTIFICATE OF SERVICE I, Daniel K. Natirboff, Esquire, do hereby certifY that service of a true and correct copy of the foregoing Entry of Appearance, was made on this 3rd day of November, 2000, to the below listed counsel by United States mail, postage prepaid. Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, P A 171 08-1268 Respectfully submitted, Daniel K. Natirboff, Esquir Attorney LD. 78594 CAPOZZI & ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233-4101 ~~llt-,,'~.i'lli'Nliflllllll!i!iliililClMlit...wJ- - , Il;i!llSi'.........."""'.~"""'--="~ - liilIIIIIIiiIIIiI -~ -'", ..".,. ~n , ,"~ > " .a. 0 0 0 C 0 ,"I s: :z -~ -oro C) ~,~ mrn .:::: Ic-1,pg Z:J:') ZC I urn ~$~ 0-' ;~~ ~C; -U j;: -.- zO .... -0 ~C) >C w CSrn ~ 1'0,) ~ 0 -< , . JERRY AND SALLY DANYLUK : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CNIL ACTION - LAW ERIE INSURANCE COMPANY DEFENDANT NO. 2000-551 Civil WITHDRAWAL OF APPEARANCE Kindly withdraw the appearance of Danielle Peyakovich, Esquire, on behalf of Plaintiffs, Jerry and Sally Danyluk, in the above-captioned matter. _... ffiRRY AND SALLY DANYLUK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v, CIVIL ACTION - LAW ERIE INSURANCE COMPANY DEFENDANT NO. 2000-551 Civil CERTIFICATE OF SERVICE I, Danielle Payakovich, Esquire, do hereby certify that service of a true and rJJ correct copy ofthe foregoing Withdrawal of Appearance, was made on this G day of November, 2000, to the below listed counsel by United States mail, postage prepaid. Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, P A 171 08-1268 Danielle ey John Jones Route 61 No P.O. Box 149 Pottsville, P A 17901 __.&II. " ""---"'"",..." . ,~ , ,~ -,""" ";W"', , ~. ~ ~, - ..' "c 8 0 0 C> -n :s: z :::;! -om C> i~l :Ii mm <: ' r z;rJ I nn'8 z, '- (/) )?-: co ~.D i <~ ..:.:::~~ ----,'19 r:::<..-.... -0 '.1,: -+1 ~ r~')c~ ZO - _?'" J >2 ~ aln ~ f;"" ~ (.) -< 010-. I' f JERRY AND SALLY DANYLUK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CIVIL ACTION - LAW ERIE INSURANCE COMPANY DEFENDANT NO. 2000-551 Civil ENTRY OF APPEARANCE Kindly enter the appearance of Daniel K. Natirboff, Esquire, on behalf of Plaintiffs, Jerry and Sally Danyluk, in the above-captioned matter. Respectfully submitted, - } Daniel K. Natirboff, Esquire Supreme Court LD. No. 78 4 CAPOZZI & ASSOCIATES, P.C. 3109 North Front Street Harrisburg, P A 17110 Telephone: [717] 233-4101 ( . . tl JERRY AND SALLY DANYLUK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CIVIL ACTION - LAW ERIE INSURANCE COMPANY DEFENDANT NO. 2000-551 Civil CERTIFICATE OF SERVICE I, Daniel K. Natirboff, Esquire, do hereby certify that service of a true and correct copy of the foregoing Entry of Appearance, was made on this 3rd day of November, 2000, to the below listed counsel by United States mail, postage prepaid. Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.e. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Respectfully submitted, Daniel K. Natirboff, Esquir Attorney 1.0. 78594 CAPOZZI & ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233-4101 Hill JJ"",,- '; """ ""-,~ ~1i~"I'r-'''~~''"' , -~ '"~~ ... ,,~~ III " \ 0 Cl (- C = ~; -j 1 ~ :<:: -0 OJ ,:? ITlrn ..r.:: -n Z::r:) r ~:C I ~B23 (j)..J> CO -< ~~',::: :,~~(:) c:: c:; ~ " ".,--,"; >C' 3:- ::0'511 L" ~7('S s;;:Cl f;? (-"3m C ~ r- :;! (oJ :::0 -< I:> -" ..."...... """'" ,~ JERRY AND SALLY DANYLUK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. CIVIL ACTION - LAW ERIE INSURANCE COMPANY DEFENDANT NO. 2000-551 Civil PRAECIPE TO SETTLE. DISCONTINUE AND END Plaintiffs, Jerry and Sally Danyluk, by and through their attorneys, Capozzi and Associates, P.C., hereby advises that this matter be SETTLED, DISCONTINUED and ENDED. Respectfully submitted, aniel K. Natirboff, Esq Supreme Court 1.D. No. 8594 CAPOZZI & ASSOCIATES, P.C. 3109 North Front Street Harrisburg, P A 17110 Telephone: [717] 233-4101 _ ~.~_ W~_"~ ~ ,> JERRY AND SALLY DANYLUK : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA PLAINTIFF v. CIVIL ACTION - LAW ERIE INSURANCE COMPANY DEFENDANT NO. 2000-551 Civil CERTIFICATE OF SERVICE I, Daniel K. Natirboff, Esquire, do hereby certify that service of a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End, was made on this 22nd day of November, 2000, to the below listed counsel by United States mail, postage prepaid, Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O, Box 1268 Harrisburg, P A 17108-1268 Respectfully submitted, Daniel K. Natirbo , Esqu' Attorney LD. 78594 CAPOZZI & ASSOCIATES, P.C. 3109 North Front Street Harrisburg, PA 17110 (717) 233-4101 ,~ ,i,l, ,~ ~-, ~ , 00 ~~ <" - ~ - ....~- ~~, ... ,~~ ~..~ .. >O""~'" > .~ ~ , .. 'H ..~ .. d~)_ () C~) ~-::~ C Cf ."- ~ l'JU t::5 m f'" '" ; Z :-:; r", :7:- r' :.::i 0) CD ~.;~ -< ;::.::, C) r::: '..-.! ~ " ,', ~~) " ..;:::" D -~ (--) ;; () C; ;!l > c:: :-1 ~.' ~ )'>. =< :IJ (fl -< ~