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Home My WebLink About02-5914ERIE INSURANCE EXCHANGE as subrogee of RONALD and JOYCE TOMASKO Plaintiff V. T.R. CONSTRUCTION, INC. and JOSEPH RUDA Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. Civil Action NOTICE 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 THIS 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al pa~ir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON-DE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 7 GOLDBERG, KATZMAN & SHIPMAN, P.C. 'II~omas E. Brenner, Esquire - I.D. No. 32085 320 Market Street Strawbcn'y Squar~ P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney for Plaintiffs ERIE INSURANCE EXCHANGE as subrogee of RONALD and JOYCE TOMASKO Plaintiff V. T.R. CONSTRUCTION, INC. and JOSEPH RUDA Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : Civil Acfion COMPLAINT AND NOW, comes the Plaintiff, by their attorneys, Goldberg, Katzman & Shipman, P.C., who state: 1. Plaintiff Erie Insurance Exchange is a business entity with offices at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania, authorized to issue policies of Homeowners Insurance. Ronald and Joyee Tomasko are adult individuals residing 337 West Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania. They are the former owners of the home located at 6 Cedar Lane, Carlisle, Pennsylvania, and were insured with Erie for homeowners coverage in Januat3, 2001. 2. Defendant T.R. Construction, Inc. is a co~poration located at 65 Derbyshire Drive in Carlisle, Cumberland County, Pennsylvania. 3. Defendant Joseph Ruda is an adult individual residing at 65 Derbyshire Drive, Carlisle, Cumberland County, Pennsylvania. 4. On January, 2001, the Tomaskos entered into a contract with T.R. Construction, Inc., to finish the basement in the home at 6 Cedar Lane, Carlisle, Cumberland County, Pennsylvania. A copy of that contract is attached hereto as Exhibit During that construction, Defendant Joseph Ruda and other employees or agents of T.R. Construction negligently allowed concrete dust and residue to enter into the air ducts of the Tomasko home, resulting in contamination of the home by this dust, necessitating cleanup and repairs. A claim was presented to Plaintiff Erie for these damages. The expenses incurred in the cleanup and repairs of the Tomasko home, amounted to $61,981.27 and were paid by Erie. 2 reference. 7. COUNT I Erie Insurance Exchange as Subrogee of Ronald and Joyce Tomasko V. T.R. Construction, Inc. and Joseph Ruda Neglieence The averments of paragraphs 1 through 5 are incorporated herein by Defendants T.R. Construction, Inc. and Joseph Ruda were negligent, careless or reckless, in that they: a. failed to seal off ventilation ducts as they performed construction work; b. failed to wet the concrete floors before sawing the concrete; c. cutting a hole in the heating ducts which allowed concrete dust to permeate the home; d. allowed concrete dust to enter into the ventilation ducts and travel throughout the Tomasko home; and c. permitted the concrete dust to pollute the air and the environment in the Tomasko home. 3 8. As a direct result of the negligence of Defendants T.R. Construction, Inc. and Joseph Ruda, the Tomaskos sustained the damages as set forth above which were paid by Plaintiffs. WHEREFORE, Plaintiff Erie Insurance Exchange demands Judgment against Defendant T.R. Construction, Inc., and Joseph Ruda, jointly and severally, in an amount in excess of $25,000, together with interest and costs of suit. COUNT II Erie Insurance Exchange, as Subrogee of Ronald and Joyce Tomasko V. T.R. Construction, Inc. Breach of Warrant reference. The averments of paragraphs 1 through 5 are incorporated herein by 10. The contract/proposal provided by T.R. Construction, Inc. set forth a ten year warranty on labor. 4 11. This warranty was breached in the performance of the construction work in allowing concrete dust to enter into the ventilation ducts and to pollute the home of the Tomaskos. 12. These actions by Defendant T.R. Construction, Inc. are a breach of the warranty of labor as set forth in the contract which resulted in the damages set forth above and the payment by Plaintiff Erie. WHEREFORE, Plaintiff Erie Insurance Exchange demands Judgment against the Defendant, T.R. Construction, Inc. in an amount excess of $25,000, together with interest and costs of suit. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. t nomas-g~. Brenner, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Erie Insurance Exchange 5 VERIFICATION I, ~1~ ~.~/1~ l. ~ · -'F4~__ verify that I am an authorized representative of Erie Insurance Exchange, that I have read the foregoing Complaint and hereby affirm that it is tree and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of18 Pa.C.S. §4904 relating to unswom falsification to authorities; I verify that all the statements made in the foregoing are tree and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. ERIE INSURAblE EXCHANGE Exhibit A 5 phone jackS'. Steps'~"nave ~r un.er s~eps ~or 8tora e .... , ;:lntea 3' ¥ rawin~,,,C~tl!nq tile ,,. '"~hoice $4,8~ '~r pxece ..... ~ela,,sl$ 14,075.00 l- $14,075.00 Contract Proposal 1,140.00 (extras) $15,215.00 4,900.00 (paid 2/6/01) 4,900.00 (paid 2/23/01) 831.00 (paid 3/20/01) 1,500.00 (paid 3/29/01) 1,140.00 (paid 4/16/01) 500.00 (paid to Essis & Son for carpet deposit) 1,600.00 (paid to Essis & Son for carpet balance) TOTAL $15,371.00 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05914 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSUPJtNCE EXCHANGE UB VS T R CONSTRUCTION INC ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RUDA JOSEPH the DEFENDANT at 945 DOUBLING GAP ROAD , at 1304:00 HOURS, on the 6th day of January NEWVILLE, PA 17241 by handing to JOSEPH RUDA a true and attested copy of COMPLAINT & NOTICE , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 73~ day of ;~·,~ ~2~ A.D. / / ! t~rothonot arY So Answers: R. Thomas Kline 01/07/2003 GOLDBERG KATZMAN SHIPMAN By: ~iff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05914 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE UB VS T R CONSTRUCTION INC ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon T R CONSTRUCTION INC the DEFENDANT at 945 DOUBLING GAP ROAD , at 1304:00 HOURS, on the 6th day of January NEWVILLE, PA 17241 by handing to JOSEPH RUDA, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this 7~ ~ day of P~rothonot ar7 ~ So Answers: R. Thomas Kline 0 /07/2003 GOLDBERG KATZMAN SHIPMAN By: ~~ / Deputy ~eriff ERIE INSURANCE EXCHANGE as subrogee of RONALD and JOYCE TOMASKO, Plaintiffs V. T.R. CONSTRUCTION, INC. and JOSEPH RUDA, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.: 02-5914 CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendants, T.R. Construction, Inc. and Joseph Ruda, in the above matter. Dated: February 20, 2003 By: THOMAS~,~OMAS & HAFER, LLP ouglas B. Marcello, Esquire ~ 305 North Front Street ~ ...... P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorney for Defendants 224160.1 I certify that the foregoing document in within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing the same in the United States Mail, First Class Mail, at Harrisburg, Pennsylvania on the 20th day of February, 2003: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Counsel for Plaintiff) 224161.1 By: THOMAS, THOMAS & HAFER, LLP Dou~J~arc~,l~, Esquire Thomas E. Brenner, Esquire Goldberg, Katzm~m & Shipmm~, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE as: subrogee of : RONALD and J ()YCE T()MASK() Plaintiff T.R. CONSTRUCTI()N, IN ,. and JOSEPH RUDA Defendants IN THE COURT ()F C()MM(_ N PLEAS CUMBERLAND C()UNTY, PA No. 02-591.4 CIVIL ACTI()N - LAW PRAECIPE TO THE PROTH()N OTARY: Kindly mark this action settled and discontinued. G()LDBERG, KATZMAN & SHIPMAN, P. C. BY: Thomas E. Brenner, Esquire Attorney ID #32085 P.(). Box 1268 Hartqsburg, PA 171(118-1268 (717) 234-4161 Attorney for Plaintiff Erie Insurance I)Sxchange Date: May 26, 2(i)(i)4 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated beloxv, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108-()999 Date: May 26, 2004 G ()] ,DBERG, I<~STZMAN & SHIPMAN, P. C. Thomas E. Brenner, Esquire 110238.1