The URL can be used to link to this page

Home My WebLink About98-00047 ~ ) ~.. o ~ ~ III ~ ~ ~ .. ~ ... ~ ~ ~ .' '. 12 Hoffor MICHAEL ENGLE and BRENDA ENGLE, Plaintiffs I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V 98-47 CIVIL TERM SANDRA NELSON and DEBRA K. BOLLOCK,. Defendants JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, October 18, 2000. In this negligence case, Karl E. Rominger, Esquire, represent the plaintiffs, and Jefferson J. Shipman, Esquire, represents the defendant, Sandra Nelson. The defendant, Debra K. Bollock, is unrepresented by counsel; the suit was commenced January 6, 1998. Although Sandra Nelson was subsequently served in February 1998, an examination of the file shows no return of service was ever effected upon Debra K. Bollock. This trial will commence against Sandra Nelson alone and plaintiff's counsel is alerted that the suit against Debra K. Bollock is subject to the purge rules at the appropriate time. " , 90 -4 7 Ci vi! 'l'erl11 In Re I Pretrial Conference Page 2 Although the Court has received pretrial memorandums from each counsel, only Mr. Shipman has appeared for the pretrial conference, and attempts to contact Mr. Rominger have been unsuccessful. Plaintiffs were tenants and renters of a mobile home belonging to Sandra Nelson. On March 12, 1997, at a time no one was in the mobile home, a fire started, which destroyed various possessions owned by the plaintiff. Their claim is a dollar amount for the value of those possessions. Plaintiffs claim that the wiring in the mobile home was improperly grounded and that the defendant was responsible for any negligence. The case is a jury trial which will take approximately one to one and a half days to try with four challenges from each side. It appears that the plaintiff will be using a State Fire Marshal, Trooper Brewbaker, as his expert witness as to cause of the fire; defendant will be using Harold Bender, former electrical inspector for Lower Frankford Township, as her expert. The Court is unclear as to the theory of . '. ... , , , , , 98-47 Civil Term In Re: Pretrial Conference Page 3 negligence on which the plaintiff is proceeding and we direct plaintiffs counsel to furnish a complete and clear charge that plaintiff expects to be presented to the jury, to the Court, and defense counsel by October 25, 2000. By the Court, Karl E. Rominger, Esquire For the Plaintiffs Jefferson J, Shipman, Esquire For Defendant Sandra Nelson Court Administrator Prothonotary :mtf ~" ~ , "1 '..-~ d . . . "'II 1'tJ. ,tl{ !~ 1,( ;;':1 .', ~:J; r' - ('f" .:.J .I,! .'1 .' I! ': !:U CUlk::.!,'..I ;,'.' ')...~i\~r'r' H:.Ni'\SYLV/..i .~I,.\ ~, " ". , .' . ~ ~ ~ ~ ~ ~ .., i~ .I:~ en ~.2 ~ c ~f ~~ cIlaj U)'U; U)'C ~o U ... ... - ~ g ~ :; j Ii h .5 c !i! ~ o c ... :E ~ "l' .c - ~ lj "t: OJ '"': u ~B ~~ _ 12 . & B 0 c: E !H B ~@ ~.2 ;::: MICHAEL ENGLJ<: and IIRENIM ENGLE, 1'llIlnllfTH IN TInt COURT OF COMMON I'LEAS OF CUMIIERLANI) COUNTY, I'~;NNSYLVANIA NO. 98i47 v. SANDRA NELSON and DEBRA K. BOLLOCK, DefendanlH i , I I i .JURY TRIAL DEMANDED I , PROPOSED JURY OHARGE Plaintiffs respectfully requests that the Court provide the following suggested standard jury instructions from the Pennsylvania Suggested Jury Instructions Civil as prepared by the Civil Instructions Subcommittee of the Pennsylvania Supreme Court Committee for proposed standard jury instructions and as published by thc Pennsylvania Bar Institute. 3.01 the Definition of Negligence 5.07 Circumstantial Evidence 5.30 Expert Testimony and Credibility Generally 5.3 I Expert Opinion Basis for Opinion Generally 5.33 Weighing Conflicting Expert Testimony 6.00 Damages 6.01j Property Damage , AddltlOl1l1l1y, Dclcndnnt rClllICSIS thullhe Ihll(lwlug churgc srednc 10 thc cuse IItllllr he gl vcuto the Jury: "You havc heard cvidcncc that mayor may not Indicutc t1ll1tthc owncr oflhe premises , , malntaincd or crealed a defcctive condition in the wi~ing of the Plaintifl's residcnce. If you find that the Defendant actcd ncgligently in maintaining said wiring, and that you find as a rcsult of that negligence, that the lire occurred, then you must :dccidc what damages if any were sustained by the Plaintiffs lIS a result of that lire. To rephrase ~hat 1 justlold you, if you find thatlhe Defendant WIIS negligent in maintaining the wiring and elcetrical system in Ihe trailer, and you find t.hat a fire resulted, you must then detennine the value of any loss of property the Plaintiffs sustained as a result." Respectfully submitted, ~",~.:re 155 South Hanover Street Carlisle, PAl 7013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs ,- -, Date: () c-l- J- c:; L c? 0 / ,. j L !~ MICIIAEL ENGLE IIm1 IlIWNIJA ENGLE. I'lnlnlll1\1 : IN TIlE COURT OF COMMON I'LEAS OF : ClJMBEHLANIJ COUNTY, PENNSYLVANIA : CIVIL ACTION. LA W v. : NO, 98-47 SANDRA NELSON IInd DEBRA K. BOLLaCK, Defendnnts : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320-E Market Street Harrisburg, PA 17101 ' I, Linda J. Jumper, paralegal for Karl E. Rominger, Esquire, attorney for Michael Engle and Brenda Engle, do hereby certilY that I this day served a copy of the Proposed Jury Charge upon the following by facsimile and by depositing same in the United States mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed, as follows: ;4JL .JJ ~~ LindaJ. Jumper, Paralegal for Karl E, Rominger, Esquire Attorney for Plaintiffs Dated: h... .Ii, l!O~O CfJi!b .;Is. ;)..000 I I I "I ClC'f I), 5 2000/JO MICIIAEL ENG....: IIntl IIRENI)A ENGU:, Pllllnllrr8 I I IN Tlllt COURT OF COMMON I.....:AS (W CUMII~:RLANI) COUNTY, I'I<:NNSYI.V ANIA I NO.9Ht , I , I I I , I JURY TRIAL DEMANI)ED I v. SANDRA NELSON anti DEBRA K. BOLLOCK, I)efendants PROPOSED JURY CHARGE Plaintiffs respectfully requests that the Court provide the following suggested standard jury instructions from the Pennsylvania Suggested Jury Instructions Civil as prepared by the Civil Instructions Subcommittee of the Pennsylvania Supreme Court Committee for proposed standard jury instructions and as published by the Pennsylvania Bar Institute. 3,01 the Definition of Negligence 5.07 Circumstantial Evidence 5.30 Expert Testimony and Credibility Generally 5.3 I Expert Opinion Basis for Opinion Genemlly 5.33 Weighing Conflicting Expert Testimony 6.00 Damages 6.OIj Property Damage .> Additionally, Defendant requests thntthe IblllJlvinB charge specific to the case at bar be gi yen to the jury: "You have heard evidence that mayor may nt indicate that the owner of the premises maintained or created a defective condition in the wifing of the PlaintilT's residence. If you find that the Defendant actcd negligently in maintaining said wiring, and that you find as a result of i , that negligence, that the fire occurred, then you mustldecide what damages if any were sustained by the Plaintiffs as a result of that fire. To rephrase ~hat 1 just told you, if you find that the Defendant was negligent in maintaining the wiring and electrical system in the trailer, and you find that a fire resulted, you must then determine the value of any loss of property the Plaintiffs sustained as II result." Respectfully submitted, .---,~ ----- .------ Karl E, Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs .-- --., Date: () c-f- 7.___ c:; Lee' 0 / MICHAEL ENGLE nnd BRENDA ENGLE, l'lnlnllffs : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW v. : NO. 98.47 SANDRA NELSON and DEBRA K. BOLLOCK, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Linda J. Jumper, paralegal for Karl E. Rominger, Esquire, attorney for Michael Engle and Brenda Engle, do hereby certify that I this day served a eopy of the Proposed Jury Charge upon the following by facsimile and by depositing same in the United States mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320-E Market Street Harrisburg, P A 171 01 ,.4~~ J }(L--r~-L- Linda J. Jumper, Paralegal for Karl E, Rominger, Esquire Attorney for Plaintiffs Dated: lllll. D, nooo (Pd. .;15, ;;.,,"0 SANDRA NELSON and DEBRA K. BOLLOCK, Defendants JURY TRIAL DEMANDED Jot torson J. shipmon, 1:"'1UHO 1.0..: 51785 OOLOUEI\O, KIITZMIIN , SIIII'MIIN, 320 Markot stroot P.O. UOll 1268 lIarri"burg, I'll 17108-1268 Tolephono: (717) 234-4161 IIttornoys tor Oetendant P.C. MICHAEL ENGLE and BRENDA ENGLE I IN 'rUE COUR'r OF COMMON PLEAS OF CUMBERLAND COUNTY I PENNSYLVANIA Plaintiffs NO. 98-47 v. DEFENDANT. SANDRA NELSON'S. PRE-TRIAL MEMORANDUM I. Statement of the case. This is an appeal of an Arbitration Award in favor of Defendants and against the Plaintiffs. Factually, the case arises out of a fire at a mobile home on March 12, 1997. The Plaintiffs were occupying the mobile home as tenants for approximately 13 years. The Defendant owned the property. Plaintiffs claim that the mobile home was not properly grounded I causing a floating ground which started the fire. The Defendant disputes this and will call an expert, Harold Bender who has 35+ years of experience in electrical work. t( I I. Dllmlloos. To be provided by Plaintiffs. II 1. Witnesses. 1. Plaintiffs, as on cross-examination 2. Sandra Nelson 3. Trooper Nolan E. Brewbaker , 4. Frank Gallaway Defendant respectfully reserves the right to supplement this witness list. IV. Exhibits. 1. Fire investigation report 2, Photographs of the mobile home 3. Damage estimate and valuation of Plaintiffs' list of items damaged or destroyed as a result of the fire Defendant respectfully reserves the right to supplement this Exhibit List. V. Expert. The Defendants will call Harold Bender VI. stipulations. None requested by Defendant. 2 VII. Lenqth of trial. Two (2) days. VIII Schedulinq problems. Defense counsel has two other cases on the Cumberland County Trial List. IX. Evidentiarv issues. Admissibility of any expert opinions of Trooper Brewbaker or a consulting engineer, Roger Paul Herry, referred to in Trooper Brewbaker's report. The opinion contained in the fire report as to the cause of the fire is speculative. X. Settlement neqotiations. Prior to the Arbitration Award for the Defendant, the Defendant offered $5,000 to settle, which was rejected by Plaintiffs. Respectfully submitted, SHIPMAN, P.C. J son J. Ship I.D.#: 51785 P.O. Box 1268 Harrisburg, PA 17108 Attorneys for Defendant Telephone: (717) 234-4161 53218.1 3 ~ ! CER'rIFICA'l'E OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on October 12, 2000: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 GOLDBERG, KATZMAN & SHIPMAN, P.C. . e son J. Shipman, 32 Market Street Harrisburg, PA 17108 Telephone: (717) 234-4161 Identification No.: 51785 Attorneys for Defendant, Nelson 53219.1 .0utw0~MD1 . WO:t'MOIIDOUIwoI'MMM 'III :XV! . 06~O~tl'OOO . OI09'1r~'111 ., , ,..' , i / ., ' !: lOll 0IUO^,AsUU9d '9ISIIJo::) 19Q1l9 JQ,\ouoH 4lnos 991 ~ ~ ~ .~ ~ ~ l') lR ""'~ '" ~ c ~c If .gr::: c2~ 1I)]i 11)-.: ~c U .. .... - ~ ~ o - u S ~ ~ _.2 ~i !i g I c r::: Cl. == & ;:i!; .c - ,... ~ 't: 0) . U o ~ 8 . zil..li - Ie . i .2l 0 l? E .... E c ~!! .r::: - @) u ~.! ;:: MICHAEL ENGLE Hnd BRENDA ENGLE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMIJERLANI) COUNTY, PENNSYLVANIA NO. 98.47 v. SANDRA NELSON and DEBRAK. BOLLOCK, Defendants JURY TRIAL DEMANDED PLAINTIFFS PRE.TRIAL MEMORANDUM I. Statement of the case. This is an appeal of an Arbitration Award in the favor of Defendants against the Plaintiffs. Factually, the case arises out ofa fire at a mobile home on March 7,1997. The Plaintiff had occupied the home for over ten (10) years. The Defendant was the owner of the property and was the person who maintained, repaired and who remodeled, upgraded and improved the same. Plaintiff claims ihat the wiring was faulty and based upon the State Fire Marshal's report this was the cause of the fire. It is believed that Defendant will dispute this fact as she did at Arbitration. II Damages. The damages are included but not limited to numerous items of personalty that a nonnal husband and wife with children would accumulate in approximately a fifteen (15) year period of time. The Plaintiffs will testifY to each item and to the values of each. III. Witnesses. I. Defendant as if on cross-examination 2. The Plaintiffs 3. Trooper Brewbaker Plaintiff reserves the right to supplement this witness list. IV. Exhibits. I. Fire investigation report of State Police Fire Marshal 2. Photographs of the mobile home , ' , Plaintiff rcscrvcs thc right to supplcmcnt this cxhibit list. V. Exner! Witncsscs. Troopcr Nolan Brcwbakcr who will also bc n fact witncss. VI. Stioulations. None rcqucstcd by Plninti ff. VII. Length of Trial. Three (3) days. VIII. Scheduling oroblems. Plaintiff's counsel has no knowledge of any scheduling problems as of the time of the drafting of this Memorandum. t IX. Evidentiarv issues. None anticipated. X. Settlement negotiations. Plaintiff's rejected a $5,000.00 settlement offer prior to Arbitration and countered with $10,000.00. Plaintiffs have remained open to possible settlement offer in lieu of trial but defense has made none. Plaintiffs indicate that they would not settle the case. Respectfully submitted, ~------ , ---- Date: 0 C+ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiffs /5 2000 /' :';IIEI\lFF'c; IIETUhl1 IIIiT FUllfil' CASE NO I 1 ~)'3l1" "'''''''1'1 I' COMMONWEALTH OF PENNSYLYANIA: COUNTY OF CUMDERLAND ENGLE MICHAEL ET AL YS. NELSON SANDRA ET AL .t R. Thomas Kline . Sheriff, who being duly sworn according and inquiry for the within to law, says. that he made a diligent search named defendant, to wit: BOLLOC!( DEBRA !( but was unable to locate Her the WRIT OF SUMMONS NOT FOUND . as to the within named defendant BOLLOCK DEBRA K NO SUCH PERSON AT ADDRESS NO FORWARDING ADDRESS AT POST OFFICE in his bailiwick. He therefore returns Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 . 00 . 00 2.00 $e.~~ PAUL BRADFORD ORR 02/05/1998 ~ Sworn and subscribed to before me this_~ day of ~L,. ~') 19_9.L- A. D. n 11~, ~othonotalC~ . MICIMEL ENGLE !Ind BRENDA ENGLE, : IN TIlE COURT OF COMMON PLEAS OF : ClJMBERLAND COlJNTY.PENNSYLVANIA Pluinlif1s VS. : CIVIL ACTION. LA \V :NO:9!- '-/1 ~ T.w- SANDRA NELSON and DEBRA K. BOLLOCK, Co-defendants : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary: i i I ~ Please issue a writ of summons in the above captioned action. Ms. Sandra Nelson 90 Potato Road Carlisle, I' A 17013 Writ of Summons shall be issued and forwarded to the Cumberland County Department for subsequent service on all parties concerned. D,", J"""" c,. ]998 P Y Paul Bradford Orr, Esquire 78 W. Pomfret Street TRUE Copy FROM RECORD Carlisle, PA 17013 In Testimony Wllllfeof. I here unto set my h~nd Supreme Court ID# 71786 and tho teal of said ~urt .3t Carlisle, Pa. (717) 258-8558 Thls~da~ y,--<~~ 199,E. ~ rr (,1 Ji01,.. ry-. WJUT OF SUMMONS I'rotho atary To The Above Named Co-defendants: I , I j Ms. Debra K. Bollock RD 9 Box 299 Carlisle, I' A 170 I 3 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: ~ L, /99 r .. ~" I,,. , By': {)..." , I . . ( n.~ Deputy :41 \ "4 ! '.~ ,< ~i .:' I:. .~ '" , ...., GOLDBBRG, KATZMAN' SHIPMAN, P.C. Karen S. Veuchtenberger, slquire 10', 5B995 320 Markat Stra.t Strawberry Square P.O. Boll 126B Harri.burg, PA 17108-126B (717) 234-4161 Fall' (717) 234-6B1o Attorney for Defendants MICHAEL ENGLE AND BRENDA ENGLE Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-47 CIVIL TERM vs. : SANDRA NELSON AND DEBRA K. BOLLOCK, Defendants CIVIL ACTION - LAW . . . . : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Thomas E. Brenner, Esquire and Karen S. Feuchtenberger, Esquire of Goldberg, Katzman & Shipman, P.C. on behalf of Defendant, Sandra Nelson, in the above-captioned matter. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: '-- )"'--/0~ Thomas E. Brenner, Esquire ID/: 32085 Karen S. Feuchtenberger, Esquire ID/: 58995 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant, Sandra Nelson Date: -:;l/c../N- ( . .. " "'" CZRTI.ICATB O. SBRVICB 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: Paul Bradford Orr, Esquire 78 W. Pomfret street Carlisle, PA 17013 Attorney for plaintiff Ms. Debra K. Bollock RD #9, Box 299 Carlisle, PA 17013 Date: :J/c.h~ . GOLDBERG, KATZMAN & SHIPMAN, P.C. ". ;'----..-.:S}--' BY'. >. -" ' ) \ ' -t Karen S. Feuchtenberger, Esquire Attorney for Defendant, Sandra Nelson ti{ .,. C'l r:: ~70 ..:z .~'. I~ (S.J ".-) . - UJr-.! i._~) ::';,.. (..2["\ '. . "~ ~t;'r ().. -.: :~~ -:J C)i":~ c;\ ;"--:, r!:t( "-J l~.1 - .r~_ __I ~ .- i,-j ....,. '.'J CC ~~: "'. .-,' D_ F~ '~.: ::5 1.1. t:n U Cr. (,) '-.' " ~, " GOLD8ERG, KATZMAN ~ SHIPMAN, P.C. Karen S. peuchtenberger, Bsquire 10', 58995 320 Markat Street Strawberry Square P.O. Box 1268 Harrioburg, PA 17108-1268 (717) 234-4161 Pax, (717) 234-6810 Attorney for Defendant. MICHAEL ENGLE AND BRENDA ENGLE : Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-47 CIVIL TERM . . . . vs. . . . . SANDRA NELSON AND DEBRA K. BOLLOCK, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED : . . . . BllLB TO: Michael Engle & Brenda Engle, Plaintiffs Paul Bradford Orr, Esquire 78 W. Pomfret Street Carlisle, PA 17013 AND NOW, this ?f1L-day of "71\-uLetl , 1998, you are hereby ordered to file a Complaint within twenty (20) days, or Judgment of Non Pros will be entered. eUAtU<J i?J~ prothonotar;( A J 1-"- fJ /~vJ;: , I ,. , ,\1 I \ GOLDSERG, KATZMAN' SHIPMAN, P.C. Xaren s. P'euchtenberger, Esquire lOll 59995 320 Markat Straet Strawberry Square P.O. Box 1269 Harrioburg. PA 17109-1269 (717) 234-4161 Faxl (717) 234-6910 Attorney for Defendant. MICHAEL ENGLE AND BRENDA ENGLE : Plaintiffs . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-47 CIVIL TERM . . vs. . . : SANDRA NELSON AND DEBRA K. BOLLOCK, Defendants . . CIVIL ACTION - LAW . . . . JURY TRIAL DEMANDED PRAECIPE POR RULE TO PILE COMPLAINT TO THE PROTHONOTARY: Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days after service of a RUle, or Judgment of Non Pros will be entered. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. ", ) ..'-, I BY: "' \, <\ \ Thomas E. Brenner, Esquire ID#: 32085 Karen S. Feuchtenberger, Esq. ID#: 58995 320 Market Street P.O. Box 1268 HarriSburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant, Sandra Nelson l Date: ~ /'/7 d . .. . . .... CERTI.ICATE O. 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: Paul Bradford Orr, Esquire 78 W. Pomfret street Carlisle, PA 17013 Attorney for Plaintiff Ms. Debra K. Bollock RD #9, Box 299 carlisle, PA 17013 Date: J~!J; , GOLDBERG, KATZMbN & SHIPMAN, P.C, 'J .-------- ....". "-:::::-:'-- ) ,,/ ,." ',_ ,;;J . - . BY: , '-~--.- . Karen S. Feuchtenberger, Esquire Attorney for Defendant, Sandra Nelson ~ ~ .,.. C") !:x: .oJ '-.' I~ u.Jr:-~ c.....J ..r' ( )#':. . , _1:'ll 1'- "'~ C'... 5)~~ 0', " ri''' . .L.-t-i,_ I .1; ..J f-- , .' n:l.i . , .- .1 r" o. -.- .'-:: IJ. ('i} .~ , 0 Cd (j J MICHAEL ENGLE und BRENDA ENGLE, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : CIVIL ACTION - LAW SANDRA NELSON and DEBRA K. BOLLOCK Defendunts : NO. qi- 47 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 wurned 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 Compluint 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 LA WYER 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,I'A 17013 Phone: (717) 249-3166 t' \,1 , \ MICHAEL ENGLE and BRENDA ENGLE, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I'lnintifTs v. CIVIL ACTION - LA W , SANDRA NELSON and DEBRA K. BOLLOCK Defendants : NO. 3982 S 1997 CIVIL TERM COMPLAINT IN ASSUMSPIT AND TRESS PASS AND NOW, Plaintiffs, Mike and Brenda Engle, by and through thcir attorney, Paul Bradford Orr, Esquire come forward and allege the following: t I. Plaintiffs Michael Engle and Brcnda Engle are natural persons, and husband and wife, residing at 4726 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Sandra Nelson is natural person residing at 80 Potato Road, Carlisle, Upper Frankford Township, Cumberland County, Pennsylvania. 3. At all times relevant the defendants themselves, and by and through their '\ , I principals, agents, servants, workmen and employees, were in control of and responsible for, the j , maintenance of the 1977 Astro mobile home trailer located at 90 Potato Road, Carlisle, Cumberland County, Upper Frankford Township, Pennsylvania. 4. On or about March 12, 1997 a fire destroyed the mobile home at 90 Potato Road, Carlisle, Upper Frankford Township, Cumberland County, Pennsyvlania. 5. All of the Plaintiff's personal possessions and chattel were destroyed by the fire. 6. At all times relevant the plaintiffs were renting the structure from the defendant. 7. The I'cnnsylvnnill Stlltc I'olice Firc Murshnl1lilllnd the origin ol'thc lire to bc thc rcsult of lhulty wiring und/or IIn improperly inslllllcd IInd mllintuincd c1cctricul system within thc mobile homc. (Sce Exhibit ^l 8. Defendant WIIS ut ull times rclcvunt in control of the rcpllir. maintcnancc und upkeep of said electrical systcm. 9. Defcndant was at all times relcvant in control of the repair, maintanencc und upkeep of said mobile home and its components generally. 10. At all times relcvant the Defendant was responsible for assuring that the structural integrity of the mobile home and its components were maintained. II. Plaintiffs were left without any of the possessions left within the mobile homc and have had to incur great expense in procuring and replacing the many possessions lost in the fire. BREACH OF EXPRESS AND IMPLIED WARRANTIES OF HABITABILTY 12. Plaintiffs incorporate paragraphs I through 11 as if set forth at length. 13. In providing the mobile home to the Plaintiffs, the Defendant represented at all times that the mobile home was habitable, safe, and frce from any latent defects. 14. The fire that destroyed the mobile home was the direct and proximate result ofa latent defect in the mobile home's electrical system. (See Exhibit A) 15. The loss of Plaintiffs personal property was directly and proximately caused by the Defendant's breach ofits express or implied warranties that the mobile home was safe and suitable for habitation, and that it was free from any latent defects. WHEREFORE, Plaintiff demands judgment against Defendant for an amount in excess of$50,OOO, exclusive intcrest and costs. NE(;L1(;ENCE 16. I'luinti'Ts incorporutc purngruphs 1 through 15 us ifsctlilrlh ut Icngth. 17. The uforesuid lililurc of mobile home's e1cctrical syslemto function properly, the rcsulting lire und loss of the I'laintill's property were u directly und proximately cuuscd by the negligcnce, willfulness, rccklcssness und curelessness of the Defcndant, in thut Defendant: u) repaired, muinlained, and opcruted the mobile homc c1ectrieul systcm in u defective condition; b) supplied the Plaintiff's with u residence that containcd latent defects in the elcctrical system that would havc bcen discovcred and rcpaired by a reasonable person; c) failed to periodically inspect and test the electrical systcm of the mobile home for defects; d) were otherwise negligcnt in their maintenance and repair of the mobile home in general. 18. The loss of Plaintiffs property was directly and proximately caused by the fact that the mobile home as supplied to the Plaintiffs by the Defendant was in a defective condition for which the Defendant is liable to the Plaintiffs. WHEREFORE, Plaintiffs demand judgment against Defendant for an amount in excess of $50,000, exelusive of interest and costs. . - ~ o IIjODENTREPORT o NON. TRAFFIC DEA TH o HOMIODE INVfSTiGA TION !if ACCIOENr AL REPORT o OTHER AGENCY .. INVESTIGATION REPORT REPORT PSP JURISDICTION ,",..Iltl.". t.OIl""ATlOM .1."'(101"'"0. ,(t..nnl/ANlA "All POlK. 1000/Carlisle 2120 H2-925462 FIRE INVESTIGATION REPORT/WORKSHEET PAPSP I. OIUG*ICAUS. 011' Y,OII 14. UAnUtCAllON 0.."....... ~ A((IDINfAL 0""0110. 0 u..m.....'. .. ITATUTlItlC1l()lll NONU L LOCAnoM I'''''' CC/1501 UCR/999 90 Potato Rd, Carlisle 22 r,UT'f'ltWPtIOIO I cOO, ILCOU.N I COOl Lover Frankford Township 204 Cumberland 21 ..lIAnoc....... I DA'I "'" I'" TYft Of AlAI" 1".DAnOfALAJIM IlIA. I noli 03/12/97 Wednesday 0910 telephone 03/12/97 Wednesday 0919 u. DfS((WIno IY l.llOIIlll 1"''''''110. Ovner I'. IISf'OIIIIDIH f. Dt'AJTUINT I Clf'1CI0.0WGI .1 PttONINo. . Upper Frankford Twp Fire company Chief Charles FINKENBINDER (717)243-1234 'A.INYIUIGATlOfIIIIIOUUUO n -r AGIN(Y I'HONINo. Chief Charles FINKENBINDER West pennsboro Vol Fire Company (71 7) 249-4691 u. DAn I.QUunD 1m.. I'L DAn WiN. Nonmo 1m.. 1'" ~';;",;';i9'7 In.... 03/12/97 1045 03/12/97 1050 1057 '''NAM. I ADDIU U I 'HONE NO. 0 Sandy nmn NELSON 80 Potato Rd, Carlisle, PA (717)776-7916 W '''DOl I.lLua.lllUsu ... :11. u""'onl 01 SCHOOl N 11/30/34 W/N-F 62 self employed/crafts & rentals E n.INSUIAMCI CA..III POltCYMo. I UFlCTlVI DAn I AMOUNT R Erie Insurance Group Q140500675 01/05/97-98 $30,000.00 u. MOITGAGIJ\OAH IHlnNTlOH I ADOlun I'''ou., none 0 J...NAMII'AMIASOWNI.O IADOIUS I 'Ht'.o. C Michael Eugene ENGLE 90 Potato Rd, Carlisle, PA 717)776-4650 c 2S.~ ,1:rLUU'nKlSllI .., :n.IMPlOYIIIOIKMOOl U p 07/28/57 W/N-M 39 workman's comp./Watkin's Motor Line, Harrisbur A 21. IHWIlAJila CoUIIEII N POlICY NO. IEFFlcnvloAll I AMOUNT T nvne V 11. VlAI l'rUlCt I MODEL I TVPI I IllGISTUnoN.STAll lwo.o. E H lO.II'OIll"O STOLEN Ilt.IIIE'OIlTEO TOlAGEHC't) I DAn IIEPOIITlO I TIME REPORnD I Om 0.0 C L l~.INVEirIGATlNG OFflCEltllf STOLEN) lJ.INCIOENr NO. 1J.t. EVIDENCE Of lTIIl"lNGiOAMAGE E n'IOINT tV- alIGI" of laundry n.IGHITlOH fA~/t i IIF APPlIC.AILE.T'i"E MAKE MODU ns~ e wall rm groun w re n. WEATHER AT IGEHEIlALCONDInONS I nM,EUTlJAE T ~o DlIUCTIOH I WlHo i'SO TIME OFFIRE clear sunny 40's W -10 l.. 'IO'E/tT'i' VALUE DAMAGE )I. '1II0'(RT'i' UU '0. NO.I~J~"~ NO. ~lbE~ iTIUCTUll $30,000 IT/tUCTUIU $30,000 rental property OCCU'ANTS (ONTENIi PO.OOO COHUHn 125.QOO 0 FIIEJlGHlEiIt 0 lorAl $60,000 rorAl $55,000 -0- OrHEiIt -0- ..,. T'i'gf.,flrUIUCTION mobile u. H010f lTOIIIU I OIMENilONS 60 I 14 ~", 'fbHt~ed 1 Astro home hot air LENGTH -- WIDTH ....UTllInES "So ELECT/tICAL SEIMU lI'frl:.'t 6L 'H010S TAllN &r'tES 0 NO PSfI'OWI....,.IO~ I8II1ICTOl( Il/l"" O'UII arr~s ur;J !if GAl DOTHU '0 AM' 5a .llAICEIt IY Tpr N E BREWBAKER "'.(LEAN UnUGE \IN' ... EVIOEN(l (OlUCTlO 'IOPUIY HO. ~ VII 0.0 Om ~.O IY "',S~HA'UIE ff c./f /Y ISG.AUUTlOI'f 11',( I \1. '/tINT HAM' QlIHVESTlGATO/t ""S'r~5 IU.iu tiC:" \i'o;; (;,l In 'AGiNO. Tpr Nolan E. BREWBAKER EXHIBIT "A" 1 I ,\ ~. I , I . . SP,..."'A 1M5I REPORT TYPE D4TEIS~YI'1 OF IHClO(HT PEflNSYLVANIA STATE POLICE DINmAL 03/12/97 Wednesday COtmNUA nON SNEET IllI "'''I'' OF INCIDENT IUI'PLEMIHTAlIHYESTIOATlONREPORT 0 IllI OTHER FILE tCI'.:J1f 0910 ATTActIIWfl1I: 0 "ISSlNOP'RSONC"'Cl<lJST DlSP.1 0 CUAl\EDIYAM'" 0 ....'OUND.D 0 VlC.PI1OKAU.YCUAI\IO.llAn o moH'I~S""""'''''P'"SON 0 STATEMfNT'Ofl"lS, A 0 Dl!Ant OF ACTOfl p( 't'ICTMWmCSS ASSISTAHtI GUIDE Ala., 0 nlo.n5 WAAHlHO AND WANEn D 0 Pno8tCUllOH DrClJH[D o ........~, t MCllIlD riI ."'"" , t/......OG-It.,VIlS C 0 EXTIIAOfT1OH O(HOfD INClOENT NO. H2-925462 .A/VENOUI DOUlITlC YlCUHCI o o ,. OAWSTATlOH PAPSP 1000 Carlisle/2120 4.NMMTIYI SCBIIB DBSCRIP'I'ION: o 0 ~n"" nE1USED TO COOI'EAATI E 0 JUVEHtLlMO CUSTOOY N Jlil' NOT API'UCA8UI o ....-.. CUAIWP 3. DATI OP REPORT 06/09/97 nmn NELSON The scene of this fire was a 1977 Astro mobile home trailer. The trailer had white aluminum siding with both aluminum and chip board skirtin~ around the bottom. Two additions were added to the ori~inal mobile home. The front addition was a~proximately 12' by 24'. The back addition was ap~roximately 16 by 20' and was the master bedroom. SCENE EXAMINATION: Upon arrival, this officer met with Fire Chief Charles FINKENBINDER, who was still at the scene. As this officer entered the front door in the front addition, this officer observed fire, heat, and smoke damage throuyhout the structure. The most severe fire dama~e was located in approximately the middl of the structure in the laundry room area. The wall studs of the corner of th laundry room were deeply charred down behind the electric clothes dryer. The wall behind the clothes dryer was the common wall with the bathroom. Located on the opposite side of the wall from the clothes dryer was the bathtUb/shower The charrinJ was located between the two wall studs down behind the clothes dryer. Located in this wall were two different sets of 220 volt wires for the electric clothes dryer. Both sets of wires were traced back to the electrical panel box located in the back bedroom. The one set of wires ran down throu~h the dryer vent hOle, under the mobile home, and u~ to the electrical ~anel box to a 50 amp breaker. This wire was not properly attached to the structure for the entire len;lth. This wire was run throu~h a hole in the wall ;,)anelin.:l and ! had a junction box containin~ a receptacle. This rece~tacle was not attached to the wall, The electric clothes dryer was plu~~ed into this rece~tacle. This assembly received minor heat damaJe but was still intact. The clothes dryer was found to have unburned clothes ill it. The lint tra~ w~s full of li~ and the drier was not vented, The other set of 220 wires ran u~ into the ceilin.:/, across the ceilin~, and down into the electric panel box. This wire a~peared to be the ori~inal wire in the structure, This wire had the insulation burned off the up~er part of the wire. The end that was down in tt wall had a lump of wire inSUlation melted down towards the end. The insula tic was trimmed off the ends of the wire as shOUld be for installation into a rece~tacle, However, the ends were unprotected and exposed inside the wall. The ~round and two hot lead wires' ends were cut s~uare. The neutral wire's end was rounded, Inside of the electrical panel box, this wire was disconnected at the two breakers. However, the ~round and neutral wires were still connected inside the box. A ~rouna wire connected the electrical panel ~ box to the mobile home frame. The service wires ran down out of the panel bo, " to the ~round, across the ~round under the trailer, under the iard to a utilit ., ~ole, and u~ into a box on the ~ole. The ~round wire and neutral wire were both wired onto the neutral wire from the electric sup~ly wire, The ~round wire was not wired to the ~rounded service box on the utility pole. CONTINUED '''If'J'~ffS~~''f"mWaAKER, 5195 ?{ z:. "PAGE 2 . ' ',sp ,.'A t+-Hl REpORT TVPE O.TE(S~Y(SlOF 1HC1D[H1' INCIDEHT NO. PEt'i~SVLVANIA STATE POLICE OIHI11AL 03 \ 2/97 WednesrJa H2-925462 CONllHUAnOH SHEET ~ TlMECS)DI' INClO<HT J\JVEHn.& OOUEST1CYlClEHCI IUPPLIMENTALINYESnoAnoHREPORTO montER ;:,tot: ~€I'o~:r 0910 0 0 ATTACHMENTS. 0 "'SS,NQ PEnsoN CItECKUS' OlSP.1 0 ClEAl\EoDV"""U' 0 "",OUNOED 0 ElCEP'IOIW.LVCLEAllED.OATE o 'ELONYCA"U_'M~En"'" 0 S'A""EHTFOIUoIIS) A 0 DEATllDl'ACTTlR D 0 vocn"nEFUSED'OCOOPEIlATI $I YtC11MNtf1"NISSAlSlSUHtl QlM)( RECllPT 0 nIGHTS WAI\H\NO AliO WAMR D 0 PncJ.GECUl'lOH DECUHED E 0 JUVENtlElHO CUSTOOV o p"""EATYRECOAO OJ OTllEA 1'1i."'o,"~~,IIJ" C 0 EJ<TTW)lllONOEHIED It lXf NO'APPlICAlll& 0 .....T1PlECUAlWP t. ORl/lI'ATlOH PAPSP/1000 Carlisle/2120 .._TT'IE INVESTIGATION/DETAILS: nmn NELSON , I, i I q, I' 1< .vI Michael Eu~ene ENGLE, occu~ant, was interviewed at the scene and related the followin~ information. 1 was at thera~l for mt elbow. I do not work. I left at 0730 to ~o to thera~f. There were no ~roblems then. We did not have ant ~roblems with the electric, exce~t for the bathroom li~hts over the sink, The clothes dryer was not on for about 1~ to 2 dafs a~o, Brenda Lee ENGLE, W/N-F-34, DOB:Ol/17/63, wife of Michael ENGLE, was interviewed at the scene and related the followin~ information. I took the kids down to the bus sto~ at around 0815. I work at the Carlisle Hospital. I had a doctor's a~pointment this mornin~. I dro~~ed the kids off at chris SNYDER's on Potato Rd, to ~et the school bus. Sandy nmn NELSON, owner, was interviewed at the scene and related the followin information. I owned the trailer for about 12 - 15 years. I do not know of any re-wirinJ for the clothes dryer. I saw smoke and came down to the trailer. I saw smoke comin~ out of the roof vents. I went u~ and called 911, I came back down and saw flames comin~ out of the back door. Ro~er Paul HERRE, Jr, W/N-M-54, 2585 Grandview Dr, York Haven, PA, 17370, is a ConsultinJ Engineer and examined the scene. HERRE related that the mobile horn was not wired as tier the National Electrical Code. The ~round wire was incorrectlf connected to the neutral service su~~lf in the service entrance box. This created a floatin~ ~round in the mobile home, The ~round would ~o to the shortest route of ~round. It was ~ossible for the neutral to have been ener~ized and ~rounded inside, the wall. The neutral wire is rounded on the e~ inside of the wall, CONCLUSIONS: BAsed u~on the scene examination and information to date, it is this officer'~ o~inion that this fire oriJinated inside of the wall located between the bathtub and electric clothes dryer. Further, that the mobile home had a floatin~ ~round as a result of the mobile home not bein~ pro~erli ~rounded. The unused neutral wire, which was ener~ized as a result of the im~ro~er Jround, left inside the wall ~rounded out and i~nited the wood tlanelin~ insid~ the wall, This fire is considered accidental in nature. MISCELLANEOUS: Notice of Investidation was issued to the victim's. News Release was ~re~ared. Clean Messa~e CAR 2061 was sent on 06/09/97. s'llfI'~~R'Sf;FoF['~G;r"f"'lWEtfaAKER, 5195 I.PIoO{ I vcrlCy lhallhc sllllcmcl1ls madc In the Coregolng documclllllrc lruc Imd corrccl. I undcrstand that Calse slatcmcllls hcrclnllre made SUhJCCllo lhc pcnlllllcs oC I'll. C.S, ~ 4904. rclllllng 10 unsworn CalslficlIllonlo authorlllcs. DATE: J f 2c I qrr J /27 (qg @ ~IJ ft(~J) via. fde (~1fev~(je LV! Pk,:J,P-P !lflol/M~ DATE: .--- pp/P fflf2 , IJ ij' t;. () r'>>' ~: IL( J: ~ ~ z ~~-)-- O~" () ~..~: r~;~ tn() !Dci... :3 u :>- ~ "" ~~ r;: -) Cu.:;.r: 1"- .lP c.:.l ~ I. we,,- -'L a: if u. o 0' (',I N o C") Ct: ..~ c. ;:{'= en 0" " i ':l ,. .~ MICHA.:L .:NC;U: Hnd IIR.:NUA .:NC;U:, l'llllnllffs, IN TIll<: COURT 0.' COMMON I'U:AS m' CUMllI<:RLANU COUNTY, I'.:NNSYLV ANIA v, NO, 98.47 CIVIL n:RM SANDRA NELSON Hnd DEBRA K, BOLLOCK, I)cfcndants, CIVIL ACTION - LA W .IURY TRIAL DEMANDED NOTICE OF HEARING IIY BOARD OF ARBITRATORS Please take notice that the arbitmtors appointed in the above-captioned action will sit for the purpose of their appointment on Wednesday, May 3, 2000, at 9:30 a.m., in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time you may appear with your respective clients and witnesses to present such evidence and testimony as you may have in this case. Bradley L. Griffie, Esquire Arbitrator Mark Denlinger, Esquire Arbitrator Dated: March 1'1 . 2000 By: J2~:: 1~t, Esquire 126 East King Street Shippensburg, Pennsylvania 17257 Chair, Board of Arbitrators To: Paul Bradford Orr, Esquire 78 West Pomfret Street Carlisle, PA 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Jeff Shipman, Esquire 320 Market Street Strawberry Square PO Box 1268 Harrisburg, PA 17108-1121 "I, i I MIKE ENGLE und ORENDA ENGLE, 1'IlIInllffs : IN TIlE COURT OF COMMON PLEAS OF : CUMOERLAND COUNTY, I'ENNSYL VANIA Y. : CIVIL ACTION. LA W SANDY NELSON IInd DEBRA K. BOLLOCK, : NO.JJ'j-II'fO CIVIL TERM Defendunts . NO, 98-l1r"J pe12. PETITION FOR APPOINTMENT OF AIWITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Paul Bradford Orr, counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned oct ion is at issue. 2. The claim of the Plaintiff in the action is $25,000.00. The following attorneys are interested in the case as counselor arc otherwise disqualified to sit as arbitrators: Jefferson J. Shipmon, Karl E. Rominger, Poul Bradford Orr, Gregory L. Cutler. WHEREFORE, your Petitioner prays your (3) arbitrators to whom the case shall be submitted. l~ Date: ~ 1~41oo Paul Bradfor Attorney for Plaintiff 50 East High Slreet Carlisle. PA 17013 Telephone: (717) 258-8558 Supreme Court ID No. 71786 ORDER OF COURT AND NOW, ..)/ ti.t(' iJ 2 ,2000, in consideration of the foregoing Petition. 'i/t1mti.V i3uJ &:~ Esquire, J:uiu/V /J~;>'.d.!;:./Esqlie~ and /J; title... 4t&~)'lFt4uire. are appointed arbitrators in the above-captioned aClion as' prayed fi ~ / BY/THE COU : / \J .. ( k~J .&I1;jV t._ f! J. MICHAEL ENGI.E IInd BRENDA ENGLE, : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,I'ENNSYLVANIA I'llIinlln"s v. : CIVIL ACTION. LAW SANDRA NELSON IInd DEBRA K. BOLLOCK Defcndants erf-In : NO.lj~IVIL TERM : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS NEW MATTER 19. Dcnied. This avcrmcnt is a conclusion of law and rcquires no answer. 20. Denied. Defendant Nelson had actual and constructive control over all responsible parties. 21. Dcnied. This avennent is a conclusion oflaw and rcquires no answer. By way of further answer, Plaintiffs acted reasonable and mitigated all damages within the best of their abilities. ":ff',I' 00, ""-- aul Bradford Orr, Esq. Attorney for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ID No. 71786 , 11( I vcrify thllt the statcments Illude in thc foregoing Answcr urc true and correct. I rclating to unsworn falsification to authorities. ~. understand that fulse stlltements herein arc mude subject to thc penuhies of l'a. C.S. * 4904, DATE: 7 /'6/7 go- . ~ Mike Engle, Plaintiff DATE: 1/7/9J' I 7 I . ~ t GOLDBERG, KATZMAN' SHIPMAN, P.C. Karen S. Feuchtenberger, Esquire 10', 58995 320 Market street Strawberry Square P.O. BoX 1268 Harrisburg, PA 17108-1268 (717) 234-4161 FaxI (717) 234-6810 Attorney for Defendant MICHAEL ENGLE AND BRENDA ENGLE Plaintiffs vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-47 CIVIL TERM SANDRA NELSON AND DEBRA K, BOLLOCK, Defendants . . CIVIL ACTION - LAW . . JURY TRIAL DEMANDED NOTICE TO PLEAD 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. GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: d_", ) c:::: y(--; .)~ -=(j C--- Karen S. Feuchtenberger, Esquire ID#58995 320 Market Street Strawberry square HarriSburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant, Sandra Nelson Date: \.-ll'L~\Cjl . :\1 \ vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-47 CIVIL TERM GOLDBERG, KATZMAN' SHIPMAN, P.C. Karen S. Feuchtonborgor, Esquiro 10', 58995 320 Market street Strawberry square P.O. BoX 1268 Harriaburg, PA 17108-1268 (717) 234-4161 Faxl (7171 234-6810 Attorney for Defendant MICHAEL ENGLE AND BRENDA ENGLE Plaintiffs SANDRA NELSON AND DEBRA K. BOLLOCK, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED , ANSWER WITH NEW MATTER AND NOW, comes Defendant, Sandra Nelson, by and through her attorney, Goldberg, Katzman & Shipman, P.C., to file this Answer with New Matter and, in support thereof, states as follows: 1. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 1 and, therefore, said averments are denied and strict proof thereof is demanded at trial. 2. Admitted. 3. The averments of paragraph 3 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. 4. Admitted in part; denied in part. It is admitted that on or about March 12, 1997, a fire caused damage to the aforesaid ; )\1 , . 6. Admitted, I \ , I r~ V mobile home, It is denied that the mobile home was destroyed. 5. Denied, 7. The Pennsylvania state Police Fire Marshall's report is attached to Plaintiffs' Complaint as Exhibit A and the document speaks for itself and, therefore, no response is required, 8. The averments of paragraph 8 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. I , I I"l', , I I I i'. ','t I , 9. The averments of paragraph 9 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. 12. Defendant incorporates her answers in paragraphs 1 I , i I , , " ) ~ i\ II fi , ~... hi ,"\ \ .',~ ,", 10. The averments of paragraph 10 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. 11. Denied. BREACH OF EXPRESS AND IMPLIED WARRANTIES OF HABITABILITY through 11 as if set forth in full. 13. The averments of paragraph 13 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. 14. The averments of paragraph 14 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. 15. The averments of paragraph 15 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant, Sandra Nelson, demands judgment in her favor and that Plaintiffs' Complaint be dismissed against her. NEGLIGENCE 1 16. Defendant incorporates her answers in paragraphs 1 through 15 as if set forth in full. 17. The averments of paragraph 17 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. 18. The averments of paragraph 18 are conclusions of law to which no response is required. If a response is deemed to be required, said averments are denied and strict proof thereof is demanded at trial. :r " ..., .' ,A WHEREFORE, Defendant, Sandra Nelson, demands judgment in her favor and that Plaintiffs' Complaint be dismissed against her. NEW MATTER Byway of further answer, Defendant, Sandra Nelson, interposes the fOllowing New Matters: 19. Some or all of Plaintiffs' claims and damages are barred by the applicable statutes of limitations. 20. Any damages incurred by Plaintiffs as a result of the fire on or about March 12, 1997 resulted from the acts and/or omissions of persons over whom Defendant Nelson had no custody or control. 21. Plaintiffs failed to mitigate their damages. WHEREFORE, Defendant, Sandra Nelson, demands judgment in her favor and that plaintiffs' Complaint be dismissed against her, Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: )~~~ Karen'S. Feuchtenberger, Esquire ID/: 58995 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant, Sandra Nelson Date: 1..-( k do \cn VERIPICATION I hereby acknowledge that I have read the foregoing document and that the facts stated herein are true and correct to the best of my knowledge, information and belief, The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsifications to authorities. dn,~~die<A l'k~ ElRA LSON ,t Date: tf-CJJ .9~ .~ .. '$ " , t ,.",. I f,.or-..... i .'z, 0 .' . ' I 'I 'I~~ ~~. ~ ~ ..IJ r !.:.J :, I 1~.~i.~~:.~..l I , I, r r. I: ., ..... ~ c' 'i'~ (,., J( %- \710/ '.' ~.:.. >- Cl ...') :,,;: ; ~~?, C~ l'1_ Ir I\i;' ~~)~/" \I'l~~ ~ ~ :: -: ~ - - - -= - - - - - - - - - - - - - " , 0 ~(.. ;: t. '. .' (!),~'.' .~": '_.,~ \,~' " f '.... ,. J ... .... . \ . ~Yil~. .~ '....1 " . ... "'\ ,. .,\ . , t'l' . 8 ~ "-.r, ::l ~ ~ '.jJ~',~ ~ & ..v ~~ :.: ~ . -.d1~ ~.;~ ,. I .iJ:' ~ "':.~ v co'" l:J Q'j;J ".~ ~ ~ u 11'. t.. III I" '. I';;i .,.., .:::- I'" .,.., , I '1<' :-..,.- ~...,~ _. .''> . h r " . . . ~.I1. '1;'. .. . . " .~ .. ~r.:' .. '.1 '.' . ~ . '" ' . .~.. ;:'N, I ;.. '. .~ .'. . . ~.; ~.' :'. '.' . .is', ..... "'" " OJ C ~g!:! Z c C"'o o >. S en r-- ....laU~- .0-= ::l < Q: 5 a.,g Cl... ClJoS-':~~ ~.l:~a~ ~ Clgu U 0 '. ,;..., ',' 0'''', " " ,<>> ,,' "', '''::... . .,' .".: . 1'. ", i .~." . .' ("/r ri\ ~) " r L ! , ". .. , ,- .. 'i. I \.,.,;,. .... ' :' . ~,i" '.' ..,: '" I- I ) ~,'<.I,Il,'1 .:'~1')1~ ".....j i5"''',,(r, ;E),/(' l p IClII,+, r~1 ) v ) Sct"'cA f'.:( /oJ,,1 ~"'1 <,""'-<I p(0;.,\ /<.. ) 13(\~lC../::. D.,c,.,...,Q""h 1 In Tht! Court of Cor.unon Plt!aa of Cumbt!rland County, ?Qnna~lvani4 ~o,..s.L, 4-/ !P .l:..QS2P OATIl We do solemnly swear (or affirm) chac we will supporc, obey and de rend the Constitution of the United States and the Constitutioa or this Common- wealth and that we will discharge the duties of our office with fidelity. ~ t.J- AWARD ~e, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) f\^lD FoY' ?-y I~S~ tI-v De ~e "Vlota n t- {~V\J +Lv Mall1+'-\=-Cs . Arbitrator, dissents. (Insert name i= applicable.) Date of Hearing: 5-:5 - 2.000 Date of Award: 5- 3-Z0()() n NOTICE OF ENTRY OF AWARD Now, the .:IA-.t day or ~ award was entered upon the docket and ?arties or their attorneys. . liV ;1d1Jb, aCf,:/:J' , .e..a., notice chereof given by mail the above to the Arbitrators' compensation to be paid upon appeal: $ J. qo. cro OlAr,:, R. ~,~.. q Pr th otary ~ a . 'rrw.ffj~J Depucy By: '11-\o,t$.\ 5 /,." 17:> (( \ ~J I-I T 12.~ E. /.<\.010 SI. Sh1rt<!I1,d?ltlt'\ fA Ill-51 $,5, ~ 2.1\ -3'6 -7o'7~ >- - ex: N ,~ UJ Q '" u~) ,,- IE :.: c.. 9::< 61~i; M !::I"). I cr:1I1 >- f!: "'-..J: :.c ~ c C) {O(<ADL'i.:( /-." G~\FFIE do DO jJ. rtL~ v, oUev- St Co (;' II d.p \ PC; I 70 I J (0 IJ Fi \....j [;?, I i\J eM M k Oe nh'l1 cy~ ~ . vIA o..v'1-5llVt \ $etl vJo V" -\ f I Lv d Ilq~j ~ o-J-tD 10 ~AST H I'J\" S+, C.a.Y'\lslel PC{ 17013 (0 IV F Il€. ') ~ IN ~ e",~13'/UV ,---- '1 "~ '"- ~ =:>.~ o~:;..:; (J ::? -- ,;)~ ~~rn __I:":;:: ,-Y" :2 uho :J~c.. ::; U ~ .) ~ :" } -1 , . . ~ WOO'A\DIJeOu!WOI@MOt " WO:)"~1eOutwoI'MMM VL09'I~nll :XV! ' 06~0'~tI'OOO , OI09'I~nll . Vc~ ," . ,'llo'} ,'"'' .J, .,....;, I ,'..((J V1 .~':~(j, ,,I ) . '_V..l !: lOll 0lUOAIAsuU9d '9ISIIJo:::> le9JIS J9^OUOH 4lnos 99 L 10l:ll OIUOAIAsuued '6mqSJ9qw04:::> 199JIS UIOW 41JON I . . .. .... ~ ~ ~ 8 ~ 0 ~i N l') roo ~ iR ~ -.2 ~ ~~ 316 ~~ U) ~c ~~ al- l > r::: Ii Ii! 'Or:: Cl . ~ ==& .t € . ~ B .g& 021 ~t c2Qi zil 11)';; ~r:! 11)'2 .2l l'! ~ ~c u E 0 C "! .r::: ~r u ;:: >- (") ~ ~"- ~ c::' ..~ ~ .. :-:-><t ~ ~ ~ 11' ~..) - t."J=-.,; ~'~~;I ~..: C'~=e II ~I. cc.. "'l (J.ii~. ....)....,j 8 a .; I ~ ;os:: .,Jl D" If) ;;:.U,) 0"- (;..;D. I .iZ . ,,- -.. G:~: : ,..- ~- :=; ~dlU . ~ .[1(J.. c ~ j:" "-) ...~'! 0- 1,;" 0 ::l 0 0 u C'l \Y.. ",. \:J MICHAEL ENGLE and BRENDA ENGLE, Plaintiffs nl THE COURT OF CCMl40l1 PLEAS ,'JU1eERlArlr' GOt!i'I'F!, P3~i!IS"'-"'LVMrIA i '~ j)1 i. I' v. No. 98-47 ..... SANDRA NELSON and DEBRA K. BOLLOCK, Defendants ( NOTICE OF APPEAL FROM ATIARD OF BOARD OF A.11BITRATORS TO 'l'~ PROTEONCT,ARY: Notice is gillen t~t Plaintiff appeals from the award of' the board of arbitrators entered in this case on May 16, 2000 A jury trial is demanded ~ . (Cheak,!" box if a jury trial is demanded. OtheI'T..r1se jury trial is ,.;aivec.) I hereby certify that . (1) tr~ compensation of the arbitrators r~s been ?aid, or (2)' ~~nOOlmm~~~X'm:k~~R1 ~rmB~xm~~ldrtben~~<<kxmxm ~~ ./ Appellant or Attorr.ey for Appellant " x' ? I NC'B: The. demand for jury trial on appeal from compulsory arbitration is g~rned by ;rule 1007.1 (b). (b) No a1'fidavit or verification is requirec. MICHAEL ENGLE IInd BRENDA ENGLE. I'lnlntil1's : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, I'ENNSYLV ANIA : CIVIL ACTION - LAW v. : NO. 98-47 SANDRA NELSON IInd DEBRA K. BOLLOCK, Defendnnts : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE !, Lee S. Cahilly, paralegal for Knr1 E. Rominger, Esquire, attorney for Michael Engle and Brenda Engle, do hereby certifY that I this day served a copy of the Notice of Appeal From Award of Arbitrators upon the following by fncsimile and by depositing same in the United States mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jefferson J. Shipman, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320-E Market Street Harrisburg,l'A 17101 , rX/~ ,t &~ Lee S. Cahilly, Paralegal r Karl E. Rominger, Esquire Attorney for Plaintiffs Dated: June 5, 2000 .. ~.. ."', PRAECIPE FOR LISTING CASE FOR TRIAL (Must bo typowrlllon and submlllod In dupllcalo) TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check one) Please list the following coso: (XX ) for JURY trlalal Ihe neKI term of civil court. for trial without a jury. . ....................-....................................................................................................................................................... CAPTION OF CASE (entire caption must be stated In full) (check one) KICllAEL ENGLE and BIlERDA ENGLE (X) Assumpsit Trespass Trespass (Motor Vehicle) (Plaintiff) (other) vs. SANDRA NELSON and DEBRA K. BOUOCK, The trial list will be called on October 10, 2000 and Trials commence on October 30, 2000 (Defendant) Pretrials will be held on October 18, 2000 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) vs. No. 47 Civil 98 ,19,___ Indicate the attorney who will try case for the party who flies this praecipe: Jefferson J. Shipman, Esquire Indicate trial counsel for other parties If known: Paul Bradford Orr, Esquire This case Is ready for trial. .______"_____..__ '__e' Signe~Y' Print Name: Jefferson J '_. S~":pman. Esquire AlIorney for: Defendants _.__0- .__.._._._._..____.__.~ Date: 8/3/00 I '~I I \ I ~ , " t .:.; " ~ \D ~ ~ c'": 0 N 3~ \1.1'2" o~ tJC5 :c \1- ',: 0_ Q~ \, dl-', bC- .:.1' ~cn ",- u.!()- I -~ ct~.I.l (.!;l ffi _c. :;:J ,!!Q. r' '"'" ~ tI_ 0 3 0 0 , , DEe 11 ~ litCu MICHAEL ENGLE and BRENDA ENGLE, IN TIlI~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO, 98-47 v. SANDRA NELSON and DEBRA K, BOLLOCK, Defendants JURY TRIAL DEMANDED .' it PRAECIPE TO THE PROTHONOTARY: and ended. ;:?-- -.. PLEASE mark the above-captioned case settled, discontinued Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiffs 1 DATE: /.;J--/I,tJ J 55721.1 ". >- 01 c;; cr.' ., ..:: ...: lJJ~: N ~5~ r~:! ,-i{. 0-- " -.) :"c O~ t:-., 0... '"l ::.1 ~;.. 92 (! '.. .Jl.!_ ':":;'C/J tI I;~ :::Jz [!'u., <..., ry'z --.J.. Lw :.I.1,u ,... c:: lI.lo.. tI_ C ::;: 0 :::> 0 C,)