Loading...
HomeMy WebLinkAbout03-0650KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Identification No. 17623 1311 Spruce Street Philadelphia, PA 19107 (215) 546-5100 Esquire Attorney for Plaintiff(s) ALLSTATE INSURANCE COMPANY, SUBROGEE OF MICHELLE KEPHART 3800 Electric Road Roanoke, VA 24018 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA vs. LOUIS HARTZELL 19 Creekside Drive Enola, PA 17025 CIVIL ACTION AT LAW CIVIL ACTION COMPLAINT "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. "AVISO" "Lc han demandado a usted en la corte. Si usted quiere defenderse de este demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ostros 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 OFIICINA CUYA DIRECCION SE ENCUENTRA ESRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.,, Court Administrator Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 KRAFT & KRAFT, P.C. BY: Robert E. Cherwony, Esquire Attorney No. 17623 1311 Spruce Street Philadelphia PA 19107 (215) 546-5100 Attorney for Plaintiff(s) ALLSTATE INSURANCE COMPANY, SUBROGEE OF MICHELLE KEPHART 3800 Electric Road Roanoke, VA 24018 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Vo LOUIS HARTZELL 19 Creekside Drive Enola, PA 17025 CIVIL ACTION AT LAW No. CIVIL A___~CTION 1. Plaintiff is a corporation with an address as set forth above. 2. Defendant is an individual who resides at the address set forth above. 3. On or about 4/2/01 due to defendant's negligence and carelessness, plaintiff,s insured sustained damages in the sum of $55,480.99. 4. Although demand has been made, defendant has failed and refused to compensate plaintiff. WHEREFORE, plaintiff claims of the defendant(s) the sum of $55,480.99 plus interest in the amount of $5,783.11, for a total of $61,264.10 plus court costs, all of which are justly due and owing from the defendant(s) to the plaintiff. KRAFT & KRAFT, p.~ Attorney for Plaintiff ~ICHAEL HARTLEY FAX ~/'/0' ~2g~,;~;¢~ :' H.J.H. INVESTIGATIONS P.O. Box 872 Stroudsburg, PA 18360 THOMAS JONES (570) 629-6062 FAX (570) 629-6062 Mr. Lawrence Miller Allstate Insurance Company Post Office Box 172 Millersville, Pennsylvania, 17551 April 11,2001 Fire Loss Michelle Kephart Claim # 5131440801 H. J. H. File # 01-F-33 Dear Mr. Miller: Pursuant to instructions from Ms. Barbara Little of Allstate Insurance Company, received during our telephone conversation of April 3rd, I arranged to meet with you at the loss site on April 6th. As you will recall, this loss was the result of a fire event that caused substantial damage to the mobile home owned and occupied by the insured. At the conclusion of my time on-site, I was able to identify the origin and cause of this fire. The origin was found to be in the stud cavity of the east wall, just to the fight of the kitchen sink. The cause of this fire is a failure in the wiring at or near the point of connection between a 10/2 romex cable and the 12/2 mobile home wiring. The purpose for this connection was to supply power to a garbage disposal that had been installed on the left-hand side than double sink bowl. This point of connection was made either at or in a plastic electrical box that was used to house the garbage disposal switch as well as a typical duplex outlet. This installation, according to the insured was done by her fiance's uncle who was later identified as Mr. Lou Hartzel. In order to allow for the examination of the suspect connection by other potential insurance carriers, all of the pieces were tagged can left in their original locations. Insured Kephart, as well as her fianc6, Mr. Brian Norris were advised that they should not tamper with or otherwise alter the locations or conditions of the tagged pieces, They both acknowledged that they understood this instruction. The loss at issue in this matter is a single-family mobile home that serves as the primary residence to the insured. Ms. Kephart has owned this particular mobile home for approximally five years; the last three years while it was located in this particular trailer park and the two years prior while it was located in a Duncansville Pennsylvania trailer park. The mobile home is currently financed by Laurel Bank, Everett Branch, with the current mortgage being $23,000. The monthly mortgage payment is $240.00 while the monthly space rental is $295.00. Ms. Kephart purports to be current in all payments. The last electhcal work to be performed in the mobile home was done by her fiane6, Brian Norris. He installed a new light switch at the front door interior that controls the outside light. According to the insured, prior to that, the only electrical work done was the installation ora garbage disposal on the left-hand sink bowl of the kitchen sink. The insured recalled this installation being performed by Brian's father. This statement is in conflict with a statement made later by Brian Norris where he indicates that the garbage disposal installation was done by his uncle. The exterior examination of the mobile home loss resulted in an observation of fire presence in the form of debris in the front yard as well as smoked stained windows and fire line tape across the back or East side of the residence (see photograph #'s 1,2, 3 & 4). The electrical service was seen as typical for a mobile home installation and was found to be remotely attached to a post in the hackyard (see photograph #5). The master disconnect was also typical for a mobile home installation and was found to contain spaces for cartridge fuses overcurrent protection as well as 125 amp master disconnect breaker. Along with these items, there were 2-240 volt receptacles (see photograph #6). Evident during the walk around on the exterior was a pile of debris, both burned into unburned that was found in the front yard (see photograph #7). Entry to the interior was made through the front door (see photograph #8). Examination of the general interior floor plan revealed heat and smoked damage throughout. Actual flame contact damage was limited to the kitchen area (see photograph #'s 9, 10 & 119. When the kitchen area was viewed from the living room, it was clear that the base of the fire (origin) was on the right side of the kitchen when viewed from this perspective (see again photographs #11). Examination of the right side kitchen revealed the presence of the kitchen sink, a window as well as a breakfast nook countertop that was perpendicular to be east wall of the mobile home. The most severe fire damage and certainly the base of the flame generation was found to be on the sink countertop extension that was part of the breakfast nook at a point that was closest to the wall (see photograph #12 & 13). The countertop that formed the breakfast nook had been removed and exposed the interior of the storage cabinets beneath. Immediately T, the unders[qned, ~n ~y capacity as o~ .. ~0~--(~ ~ _ , ~lalntlff here~n, certify that the faots 8et forth in ~he foregoinq Co~plaLnt are ~rue and co~e~ to ~e ~s~ off ~y ~o~ledge or ~nffo~a~Lon and ~l[e~. ~ m~e ~h[s V~f~t~on s~Je~ to the penalties of 18 Pa. C.S. Section 4904 relating to ~sworn falsification to au~or~t~ee, which provides ~at ~f I ~ow~ngly m~e false stat~ente, I ~ay be s~ject to or~a[ penalties. Signa~-u~e Prin~ or ,~'~pe ORDER FOR SERVIC]~ DATE ,, PROTHY. NO.., ,19 TO: $1tEIII~F OF CLP~BERLAND COUNTY FROM: ROBERT E. CiIERWONY, ESQUIRE 1311 Spruce Street Philadelphia, PA 191U7 A ~LSTAT~ INSUP~ANCE COMPANY, ;.~I,,, HELLE KEPHART WRI'Z' ,A. ND OR COMPLAZNT ,A~SUMPSIT DW'ORC,E LOUIS '~ ~'~ ~RT,.mLL AT: (If RD. Address muz'~ L~ctude spe~l~c Lcm~'u;fio..~, also must ~ve Apt. Number a.nd Ape. Bld~. Number) STI~EET 19 Creekside Drive~ Enola, PA 17025 POST OFFICE TOWNSHIP SPECIAL S~-~:Uv'ICE WA~ NOT .MADE BECAUSE SD-S0 DEANNA C. JOHNSON, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA v. · No. 02- 650 CIVIL TERM DAVID L. KURTZ, Defendant IN CUSTODY REQUEST FOR RESCHEDUL, ING AND NOW, comes the Plaintiff, Deanna C. Johnson, by and through her attorney, Lindsay Dare Baird, Esquire, and avers the following: 1. The parties to the above action have a custody hearing scheduled before the Honorable Edward E. Guido on Friday, April 11, 2003, at 8:30 A.M. for which one-half day shall be needed. 2. Plaintiff's counsel has just been made aware of a mandatory conference to occur on the same date. 3. Plaintiff's counsel conferred with Judge Guido's chambers and learned that Monday, April 14, 2003, at 8:30 A.M. is available. 4. Counsel for the Defendant, Charles E. Petrie, Esquire, is able to attend a hearing that date and time and is not opposed to its being rescheduled. WHEREFORE, Plaintiff respectfully requests that the hearing be rescheduled accordingly. Respectfully submitted, /L/i'ndsay D. B~d, Esquire L,// Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5;732 I verify that to the best of my knowledge and belief, the statements made in the foregoing document are true and correct. I understand l~at false statements herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. Deanna C. ~oh~on, ~q'~ - - -- SHERIFF'S RETURN - REGULAR CASE NO: 2003-00650 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLSTATE INSURANCE COMPANY VS HARTZELL LOUIS RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania· who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARTZELL LOUIS the DEFENDANT at JAMES BAR ENOLA, PA 17025 · at 1851:00 HOURS, on the 13th day of February , 2003 626 ENOLA ROAD by handing to LOUIS HARTZELL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 10 35 00 10 00 00 38 35 Sworn and Subscribed to before me this ~ ~' day of ~ ~ A.D. ! P~rothonotary ' ~ So Answers: R. Thomas Kline 02/14/2003 KRAFT AND KRAF~ By: ~-~ yepu~y Sheriff