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Created; 08/02100 09:04:27 AM
Revised: 08130/ 00 08:33:54 AM
7550.63
KERRY W, ZIMMER and
DORINDA C. ZIMMER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. Q:3- Ui 6tX) &i.i(}
CNILACTION-LAW
RAYNOR DANA LEWIS, SR., and
LINDA KAY McCAUSLIN,
Defendants
JURY TRIAL OF TWELVE DEMANDED
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 Plaintiffs. 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, Pennsylvania 17013
Telephone (717) 249-3166
MARTS ON DEARDORFF WILLIAMS &. OTTO
By
Daniel K. Deardorf ,
LD, Number 17837
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiffs
Date: August 30, 2000
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KERRY W. ZIMMER and
DORINDA C. ZIMMER,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANlA
NO. /H)- {,OO'O CW-;i I~
CNIL ACTION-LAW
RAYNOR DANA LEWIS, SR., and
LINDA KAY McCAUSLIN,
Defendants
JURY TRIAL OF TWELVE DEMANDED
COMPLAINT
1. Plaintiffs Kerry W. Zimmer and Dorinda C. Zimmer are husband and wife adult
individuals who reside at 149 Millersgap Road, Enola, Cumberland County, Pennsylvania 17025.
2. At all relevant times, Plaintiffs were owners of a rental property at 9 Sussex Road,
Lower Allen Township, Cumberland County, Peunsylv;mia.
3. Defendants are Raynor Dana Lewis, Sr. and Linda Kay McCauslin, who are adult
individuals who reside at 9 Sussex Road, Lower Allen Township, Cumberland County,
Peunsylvania,
4. On or about March 16, 1999, Defendants entered into a lease agreement with
Plaintiffs to lease Plaintiffs' property at 9 Sussex Road, Lower Allen Township, Cumberland
County, Pennsylvania. (A true and correct copy of the Resident Lease Agreement is attached hereto
as Exhibit "A").
5. On or about June 17, 1999, as a result of a fire caused by Defendants on the leased
property at 9 Sussex Road, said property was damaged in the amount of$50,948.72. It is believed
that the fire was caused by Defendants who were involved in burning candle wax on a hot plate at
the time which caught fire and spread throughout the hO\lse.
6. Defendants never notified Plaintiffs oftlrls activity.
COUNT I
(In Contract)
7. Paragraphs 1 through 6 of this Complaint are incorporated herein by reference.
8. In Part 7 of the Lease, which is attached hereto as Exhibit "A", Defendants agreed
to notifY Plaintiffs of any condition that could cause damage to the leased premises.
9. In Part 10 of the Lease, which is attached hereto as Exhibit "A", Defendants agree
to be responsible for all damage to the leased premises caused by them as tenants.
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10. The Defendants caused the damage which was a result of the fIre and have
accordingly breached their Lease Agreement with Plaintiffs.
WHEREFORE, Plaintiffs demandjudgment against Defendants in the amount of$50,948.72,
along with interest and costs.
COUNT II
(In Negligence)
11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference.
12. Plaintiffs believe that the fIre was caused by the carelessness and negligence of
Defendants as follows:
a. Defendants were involved in burning candle wax;
b. Defendants were negligent and careless in their activity of burning candle
wax;
c. Defendant were aware that each other were involved in burning candle wax
and failed to warn the Plaintiffs;
d. Defendants were aware that each other were burning candle wax and failed
to take suffIcient precautions to prevent a fIre from occurring;
e. Defendants were careless and negligent in their activity of burning candle
wax;
f. Defendants failed to supervise one another to prevent a fIre from occurring
while burning candle wax.
WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of$50,948. 72,
along with interest and costs.
Respectfully Submitted,
MARTSON DEARD RFF WILLIAMS & OTTO
By\)J (/. .
Daniel K. Deardorff, Esquire
I.D. Number 17837
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Date: August 30, 2000
Attorneys for Plaintiffs
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VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
;~r~
Kerry . Zimmer
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R~IDENT LEASE AGREEMENT'
THIS IS A RESIDENTIAL LEASE. IT IS A LEGALLY BINDING
CONTRACT BETWEEN THE LANDLORD AND EACH TENANT. EACH
TENANT SHOULD READ THIS L~~E CAREFULLY.
THIS RESIDENTIAL LEASE CONTAINS WAIVERS OF YOUR-RIGHTS
AS A TENANT:- ~CH TENANT SHOULD NOT SIGN THIS LEASE UNTIL
EACH TENANT UNDERSTANDS ALL OF THE OBLIGATIONS IN THIS
LEASE.
1.
NAMES OF LANDLORD AND TENANT.
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Name of the Landlord: KerryW. and Dorinda C. Zimmer
'Names(s) of the Tenant(s):
RAYNOR DANA LEWIS SR.
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LINDA KAY McCAUSLIN
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LEASED PREMISES.
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The Leased Premises is the pl~ that Landlord agrees to leas~ to
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Tenant. The Leased Premises is a non-smoking single family ~idence lOcated.
at 9 Sussex Road.. Lower Allen Township. Cumberland Cou~ty. Pennsylvania.
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Landlord will furnish the Leased Premises with wall to wall carpeting; a$tove.
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traverse rods, draperies/curtains, refrigerator. and ~,,~~~r. 'AII furnishings.
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not included in the Leased Premises will be furnished by Tenant s\Jbject to
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supervision of and written approval by the Landlord.
Exhibit "A"'t:~"
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3. STARTING AND ENDING DATES OF LEASE AGREEMENT.
This Lease shall be for a one (1) year period starting on April 1. 1999 and
ending on March 31. 2000. This Lease will be renewed automatically for
additional one (1) year periods with the same obligations unless either the
Landlord or Tenant notifies the other in writing no later than [forty-five (45) days
prior to the endinQ date of the Lease] of each calendar year that he/she does not
want to continue the Lease.
4. RENT.
The amount of rent is: $700.00 each month. After forty-five (45) renewal
days notice has been given to Tenant prior to the beginning of any renewal
period of this Lease, Landlord may increase this monthly rent.
Tenant agrees to pay the monthly rent in advance on or before the 15th
day of each month. Landlord does not have to ask (MAKE DEMAND UPON)
Tenant to pay the rent. Tenant agrees to pay rent by first-class mail postage
prepaid or in person to Landlord at: 149 Miilers Gap R:d.. Enola Pa. 17025
Tenant agrees to pay a LATE CHARGE of $5.00 per day if Tenant does
not pay the rent on time. If Tenant mails the rent to Landlord, the date of
payment will be the date the letter is postmarked.
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Tenant agrees to pay a secUrity deposit of $700.00.
Tenant agrees to pay the security deposit to Landlord before the Lease
starts and before Landlord gives possession of the Leased Premises to Tenant.
Landlord can take money from the security deposit to pay for any
damages caused by Tenant's family and Tenant's guests. Landlord may take
the security deposit to pay for any unpaid rent.
After taking out for damages and unpaid rent, Landlord agrees to send to
Tenant any security deposit money left over. Landlord will send the remaining
security deposit money to Tenant no later than thirty (30) days after the Lease
ends and Tenant leaves. Landlord also agrees to send to Tenant a written list of
damages and amounts of money taken from the security deposit.
Tenant agrees to give Landlord a written forwarding address when Tenant
leaves and the Lease ends.
Tenant may not use the security deposit as payment of the last month's
rent.
6. LANDLORD'S DUTY AT THE START OF THE LEASE.
Landlord agrees to give Tenant possession of the Leased Premises on
the starting date of the Lease. The Lease will start even if Landlord cannot give
Tenant possession of the Leased Premises because the prior Tenant is still in
the Leased Premises or the Leased Premises are damaged. IF LANDLORD
CANNOT GIVE TENANT POSSESSION, TENANT DOES NOT HAVE TO PAY
RENT UNTIL THE DAY LANDLORD GIVES POSSESSION OF THE LEASED
PREMISES TO TENANT.
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7. DAMAGE..'.) LEA5ED.PRE~ISES.
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Tenant agrees to notify Landlord immediately if the Leased Premises are
damaged by fire or any other cause. Tenant agrees to notify Landlord if there is
any condition in the Leased Premises that could damage the Leased Premises
or harm Tenant or others. If Tenant cannot live in the Leased Premises because
it is damaged or destroyed, Tenant may:
1) live in the undamaged part of the Leased Premises and pay
less rent until the Leased Premises are repaired.
OR
2) end the Lease and leave the Leased Premises.
Tenant agrees that if the Leased Premises are damaged or destroyed and
Tenant ends the Lease, Landlord has no further responsibility to Tenant.
8. INSURANCE.
Landlord agrees to have fire insurance on the Leased Premises.
Tenant's own property is not insured by Landlord's insurance. Tenant is
responsible for Tenant's own property that is located in. the Leased Premises.
9. ASSIGNMENTS OR SUBLEASES BY TENANT.
Assignment (or assign) is the legal term for a transfer of the Lease from
the Tenant to another person. This other person then becomes the Landlord's
new Tenant and takes over the Lease.
Tenant agrees not to transfer (assign) the Lease to anyone else without
the written permission of Landlord.
A sublease is a separate Lease between the Tenant and another person
who Leases all or part of the Leased Premises from the Tenant.
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Tenant agrees not to lease (sublease) all or any part of the Leased
Premises to anyone else without the written consent of landlord. Tenant agrees
that if Tenant transfers the Lease (assigns) or leases all or a part ofthe Leased
Premises to another (sublease), Tenant has violated the lease.
10. RESPONSIBILITY FOR DAMAGE TO PROPERTY OR INJURY
TO PEOPLE.
Landlord is responsible for all damage to property or injury to people
caused by landlord's (or Landlord's representatives) intentional or negligent
acts at the Leased Premises. Tenant is responsible for all damage to the
Leased Premises and injury to people caused by Tenant, Tenant's family or
guests.
Tenant agrees that Landlord is not responsible to Tenant, Tenant's family
or guests for damage or injury caused bywater, snow or ice that comes on the
Leased Premises unless Landlord was negligent.
11. USE OF LEASED PREMISES.
Tenant agrees to use the Leased Premises only as a residence. Tenant
agrees to obey all federal, state and local laws and regulations when using the
Leased Premises. Tenant agrees not to store any flammable, hazardous, or
toxic chemicals or substances in or around the Leased Premises.
Tenant agrees not to do any activities in or around the leased Premises
which could harm anyone or damage any property.
Tenant agrees that Tenant will not allow any individual to occupy the
Leased Premises without the written permission of Landlord.
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12. RULES AND REGULATIONS.
Tenant agrees to obey all rules, regulations and policies adopted from
time to time by Landlord for the Leased Premises. If Tenant violates any rules,
regulations or policies for the Leased Premises or the common areas, Tenant
violates the Lease. Landlord will give Tenant written notice of any change to a
rule, regulation or policy.
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13. LANDLORD'S RIGHT TO MORTGAGE THE LEASED PREMISES
(SUBORDINATION).
Subordinate and subordination are legal terms that mean that the Lease
does not have any effect upon the Landlord's mortgage company. In other
words, Tenanfs rights under the Lease are subordinate to Landlord's mortgage
company. If Landlord does not make the mortgage payments, the mortgage
company may have the right to end the Landlord's ownership of the Leased
Premises. If the mortgage company sells the Leased Premises at a mortgage
foreclosure sale, the Lease mav end.
Tenant agrees that Landlord has the right to mortgage the Leased
Premises. If Landlord has a mortgage on the Leased Premises now, or if
Landlord gets a mortgage in the future, Tenant agrees that the Lease is
subordinate to the Landlord's mortgage.
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14. CARE OF LEASED PREMISES.
Tena~t is responsible for, and will take good care of, the Leased
Premises and all of the property in and around the Leased Premises. Tenant is
responsible to remove any snow or ice from the sidewalks and the driveway on
the Leased Premises and is responsible to mow the lawn and maintain the
landscaping on the Leased Premises including trimming the shrubs. Except for
any damage caused by Tenant, Tenanfs family and Tenanfs guests, Landlord is
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responsible for ordinary repairs, maintenance, and replacement of property and
equipment in the leased Premises caused by normal wear and tear. Tenant
agrees to turn over possession of the Leased Premises to Landlord when the
Lease ends.
15. LANDLORD'S RIGHT TO ENTER LEASED PREMISES.
Tenant agrees that Landlord and Landlord's representatives have the
right to schedule an appointment with the Tenant to inspect the Leased
Premises at reasonable times. Through a scheduled appointment with Tenant,
unless it is an emergency situation, Landlord and Landlord's representatives
have the right to make repairs, to do maintenance, and to show the Leased
Premises to others, and attempt to schedule a mutually convenient time to enter
the Leased Premises for those purposes.
16., UTILITY SERVICES.
Landlord agrees to pay for the charges forthe following utilities and
services supplied to the Leased Premises: refuse collection, and sewer
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charges. landlord has the right to turn off temporarily any utility or other service
to the Leased Premises in order to make repairs or do maintenance.
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17. GOVERNMENTAL POWER OF EMINENT DOMAIN.
Eminent domain is the legal name for the right of a government such as
the state or county or city to take private property for public use. The
government must pay fair compensation to anyone who has any right in the
property that is taken by the government
If all or any part of the Leased Premises (or the building within which the
Leased Premises is located) are taken by eminent domain. the Lease will end
automatically. Landlord and Tenant agree to release each other from any
responsibility because Leased Premises are taken by eminent domain and the
Lease has ended.
18. VIOLATIONS OF THIS LEASE.
WHEN EITHER LANDLORD OR TENANT DOES NOT DO SOMETHING
THAT THEY HAVE AGREED TO DO, IT IS A VIOLATION OF THIS LEASE. IF
TENANT VIOLATES THIS LEASE, TENANT MAY LOSE TENANT'S
SECURITY DEPOSIT. IF TENANT VIOLATES THIS LEASE, LANDLORD
ALSO CAN SUE TENANT FOR OTHER EXPENSES AND MAY SUE TO EVICT
TENANT.
EACH TENANT SHOULD NOT SIGN THIS LEASE UNLESS EACH
TENANT HAS READ AND CLEARL Y UNDERSTANDS THE INFORMATION IN
THIS SECTION ABOUT LEASE VIOLATIONS.
X THIS IS A JOINT AND SEVERAL LEASE.
THIS IS NOT A JOINT AND SEVERAL LEA
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IF THIS IS NOT A JOINT AND SEVERAL LEASE, THEN THE LANDLORD
CAN ONLY SUE ONE TENANT FOR THAT TENANT'S VIOLATION OF THE
LEASE.
IF THIS IS A JOINT AND SEVERAL LEASE IT MEANS THAT ALL THE
TENANTS AS A GROUP AND EACH OF THE TENANTS AS AN INDIVIDUAL
ARE RESPONSIBLE TO LANDLORD FOR ALL OF THE OBLIGATIONS OF
THIS LEASE. FOR EXAMPLE, IF THE RENT IS NOT PAID, LANDLORD CAN
SUE ALL OF THE TENANTS (JOINTLY) FOR ANY UNPAID RENT OR,
LANDLORD CAN BRING A SUIT AGAINST ANY ONE TENANT SEPARATELY
(SEVERALLY) FOR ALL OF THE UNPAID RENT.
TENANT VIOLATES THIS LEASE IF TENANT:
1) FAILS TO PAY RENT OR OTHER CHARGES TO LANDLORD
ON TIME OR,
2) LEAVES (ABANDONS) THE LEASED PREMISES WITHOUT
.
THE LANDLORD'S PERMISSION BEFORE THE END OF THE LEASE OR,
3) DOES NOT LEAVE THE LEASED PREMISES AT THE END OF
THE LEASE OR,
4) DOES NOT DO ALL OF THE THINGS THAT TENANT
AGREED TO DO IN THIS LEASE.
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IF TENANT VIOLATES THE LEASE, EACH TENANT AGREES TO
WAIVE THE NOTICE TO QUIT. THIS MEANS THAT THE LANDLORD MAY
FILE A COMPLAINT IN COURT ASKING FOR AN ORDER EVICTING EACH
TENANT FROM THE LEASED PREMISES WITHOUT GIVING EACH TENANT
NOTICE TO QUIT FIRST. LANDLORD DOES NOT HAVE THE RIGHT TO
THROW TENANT OUT OF THE LEASED PREMISES (SELF-HELP
EVICTION). THE LANDLORD CAN ONLY EVICT TENANT BY COURT
ACl'ION.
LANDLORD DOES NOT HAVE THE RIGHT TO SUE IN COURT FOR
EVICTION UNLESS A TENANT HAS VIOLATED THE AGREEMENTS IN THIS
LEASE. EVEN THOUGH EACH TENANT IS WAIVING NOTICE TO QUIT,
EACH TENANT WILL HAVE A CHANCE IN COURT TO CHALLENGE THE
LANDLORD'S CLAIM FOR EVICTION.
IF TENANT VIOLATES THE LEASE AGREEMENT, THE LANDLoRD
MAY SUE EACH TENANT IN COURT:
1) TO COLLECT OVERDUE RENT, LATE CHARGES AND
MONEY DAMAGES CAUSED BY TENANT'S VIOLATION OF THE
AGREI;.MiJlJTS IN THE LEASE.
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2) TO RECOVER POSSESSION OF THE LEASED PREMISES
(EVICTION).
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.3) TO COLLECT UNPAID RENT UNTIL THE END OF THE
LEASE O'~UNTIL ANOTHER PERSON TAKES POSSESSION OF THE
LEASED PREMISES AS A NEW TENANT.
TENANT AGREES THAT LANDLORD MAY RECEIVE REASONABLE
ATTORNEYS FEES AND COSTS OF LITIGATION AS PART OF A COURT
JUDGMENT IN A LAWSUIT AGAINST TENANT FOR VIOLATION OF THE
AGREEMENTS OF THE LEASE.
19. DISCLOSURE ON INFORMATION ON LEAD-BASED PAINT AND
LEASE-BASED PAINT HAZARDS.
LEAD WARNING STATEMENT.... HOUSING BUILT BEFORE 1978
MAY CONTAIN LEAD-BASED PAINT. LEAD FROM PAINT, PAINT CHIPS,
AND DUST CAN POST HEALTH HAZARDS IF NOT TAKEN CARE OF
PROP~RL Y. LEAD EXPOSURE IS ESPECIALLY HARMFUL TO YOUNG
. :\" CHILDREN AND PREGNANT WOMEN. BEFORE RENTING PRE-1978
.
HO~ING;LANDLO~ MUST DISC~OSE THE PRESENCE OF KNOWN
LEAD~BASEf) ~~T AND LEAD-BASED PAINT HAZARDS IN TH~
,DWEI,..UNG. TENANTS MUST ALSO RECEIVE A FEDERALLY APPROVED
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PAMPHLET ON LEAD POISONING PREVENTION.
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20. LESSOR'S DISCLOSURE (INITIAL)
(A) PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-
BASED PAINT HAZARDS (CHECK ONE BELOW)
[ ) KNOWN LEAD-BASED PAINT AND/OR LEAD BASED PAINT
HAZARDS ARE PRESENT IN THE HOUSING (EXPLAIN).
00 LESSOR HAS NO KNOWLEDGE OF LEAD-BASED PAINT
AND/OR LEAD-BASED PAINT HAZARDS IN THE HOUSING.
(B) RECORDS AND REPORTS AVAILABLE TO THE LESSOR
(CHECK ONE BELOW):
[ ) LESSOR HAS PROVIDED THE LESSEE WITH ALL AVAILABLE
RECORDS AND REPORTS PERTAINING TO LEAD-BASED
PAINT AND/OR LEAD-BASED PAINT HAZARDS IN THE
HOUSING (LIST DOCUMENTS BELOW).
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[X) LESSOR HAS NO REPORTS OR RECORDS PERTAINING TO
LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS
IN THE HOUSING.
21. PETS
NO PETS ARE ALOUD ON PREMISES
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BY $IGNING THIS LEASE AGREEMENT. EACH TENANT AGREES
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THAT HE/$HE HAS READ AND UNDERSTANDS ALL OF THE AGREEMENTS
IN THIS LEASE.
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DATE SIGNED BY lANDLORD:
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TENANT(S)~ \ ' S
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RAYNOR DANA LEWIS SR
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LINDA KAY McCAUSLIN
DATE SIGNED BY TENANT(S):
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SHERIFF'S RETURN - REGULAR
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"CASE NO: 2000-06000 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZIMMER KERRY W
ET AL
VS
LEWIS RAYNOR DANA SR ET AL
J. MICHAEL ICKES
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
LEWIS RAYNOR DANA SR
the
DEFENDANT
, at 0011:20 HOURS, on the 13th day of September, 2000
at 9 SUSSEX ROAD
CAMP HILL, PA 17011
by handing to
RAYNOR DANA LEWIS, SR
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
7.44
.00
10.00
.00
35.44
So Answers:
;~::,;~
R. Thomas Kline
09/14/2000
MARTSON, DEARDORFF, WILLIAMS
Sworn and Subscribed to before
By: 0 1/;"r}/f'! JJ~
~ Deputy Sheriff
me this .2/-01- day of'
~ 070viJ A.D.
~t2.~~
Prothonotary
_k->"'.""
~~
" -~
SHERIFF'S RETURN - REGULAR
.. CASE NO: 2000-06000 P
,-
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZIMMER KERRY W
ET AL
VS
LEWIS RAYNOR DANA SR ET AL
J. MICHAEL ICKES
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MCCAUSLIN LINDA KAY
the
DEFENDANT
, at 0011:20 HOURS, on the 13th day of September, 2000
at 9 SUSSEX ROAD
CAMP HILL, PA 17011
by handing to
RAYNOR DANA LEWIS SR
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
6.00
.00
.00
10.00
.00
16.00
So Answers:
r~~~
R. Thomas Kline
09/14/2000
MARTSON, DEARDORFF, WILLIAMS
Sworn and Subscribed to before
By:
j IJJ~dLJJj*
tl Deputy Sheri
me this ,;If,if day of
~ .J-07J'i) A.D.
~a.~~.
rothonotary ,
-"'''.-'',-.
. '--'~,-; __ '",- .. -,> "~;';'<--> ,--;' "":;';0';':' '. ;::~-
KERRY W. ZIMMER, and
DORINDA C. ZIMMER,
Plaintiffs
v.
RAYNOR DANA LEWIS, SR., and
LINDA KAY MCCAUSLIN,
Defendants
TO THE PROTHONOTARY:
,'". ,
: - ^, =_~_,:' ~:--.-;.-'- ~ .< L~ ,~.<: -, "'-', - /.-: - __ ~-:. -':-_-:,:~;~::':~_:~~~~~ ",;t.;.",:,',;,":"
..
"
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 00-6000 CIVIL TERM
JURY TRIAL DEMANDED
PRAECIPE
Please enter the undersigned's appearance on behalf of the Defendant,
Linda K. McCauslin, with regard to the above-captioned matter.
Respectfully submitted,
NEALON & GOVER
By: .))~~
David J. Freed, Esquire
Atty. 1.0.#76622
2411 North Front Street
Harrisburg, PA 17108-0865
(717) 232-9900
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.
CERTIFICATE OF SERVICE
AND NOW, this 3rd day of October, 2000, I hereby certify that I have
served the foregoing Praecipe entering my appearance on the following via first class
mail, addressed to:
Daniel K. Deardorff, Esquire
MARTSON, DEARDORFF, WilLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
<c'i)J~
David J. Freed, Esquire
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-
KERRY W. ZIMMER, and
DORINDA C. ZIMMER,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 00-6000 CIVIL TERM
RAYNOR DANA LEWIS, SR., and
LINDA KAY MCCAUSLIN,
Defendants
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER PURSUANT TO PA. R.C.P. 2252(d)
AND NOW, comes Defendant, Linda Kay McCauslin, by and through her
attorneys, Nealon & Gover, P.C., and files the following Answer:
1. Admitted, upon information and belief.
2. Admitted, upon information and belief.
3. Admitted.
4. Admitted.
5. Admitted in part and denied in part. It is admitted that a fire
occurred and that the property was damaged. It is denied that the fire was caused by
Defendant, Linda Kay McCauslin, and proof thereof is demanded at trial. Upon
reasonable investigation, Linda Kay McCauslin is without knowledge or information
sufficient to form a belief as to the truth of the remaining averments in this paragraph
and proof of the same is demanded at trial.
6. Denied. By way of further answer, Defendant, Linda Kay
McCauslin, did not engage in any activity as alleged in Paragraph 5 of Plaintiffs'
!~
"
"
,. -,-.
,-" ';::_;,:":~:':" ~'.J' ;~:~; '-,,,0-,, :X;\:~-~<~-'~~:,>,', ;'-_<< :~::: ',;,:,; -'.. .:l ,;, ';;,_:;,:,~;-;,;, ::S';:I;:J'::;-;~':::::_:::i;_ ,,'< _ ,"_"
: i:--~::');;
;,;,;,.:.:
Complaint. Furthermore, Defendant, Linda Kay McCauslin, was at work during the time
of the events alleged therein.
COUNT I
7. This paragraph is a paragraph of incorporation to which no
response is required.
8, Admitted in part and denied in part. It is admitted that the Lease
reads as alleged. To the extent that this paragraph alleges additional facts, the same
are denied and proof is demanded.
9. Admitted in part and denied in part. It is admitted that the Lease
reads as alleged. To the extent that this paragraph alleges additional facts, the same
are denied and proof is demanded.
10. Denied. It is specifically denied that Linda Kay McCauslin caused
any damage or that she breached the Lease Agreement with the Plaintiff.
COUNT II
11. This paragraph is a paragraph of incorporation to which no
responsive pleading is required.
12. This paragraph states a conclusion of law to which no responsive pleading
is required. To the extent that it is construed to allege facts, the same are specifically
denied and proof is demanded at trial.
~"~
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"-,
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WHEREFORE, Defendant, Linda Kay McCauslin, respectfully requests
that the Complaint against her be dismissed.
NEW MATTER PURSUANT TO PA. R.C.P. 2252(dl
13. Paragraphs 1 through 13 of this Answer and New MaUer are
incorporated herein by reference thereto.
14. Paragraphs 1 through 12 of Plaintiffs' Complaint are incorporated
herein by reference thereto without admission to or adoption of any facts alleged
therein.
15. The acts described in Plaintiffs' Complaint were not caused by any
negligence or breach of duty on the part of Defendant, Linda Kay McCauslin, but were
due solely to the negligence of Defendant, Raynor Dana Lewis, Sr., and it is averred
that should any liability on the part of Linda Kay McCauslin be found, which liability is
specifically denied, said liability came about as a result of the negligence of Defendant,
Raynor Dana Lewis, Sr., and Raynor Dana Lewis, Sr. is alone liable to Plaintiffs or is
liable over to Defendant Linda Kay McCauslin, or is jointly and severally liable to
Plaintiffs or is liable to Defendant Linda Kay McCauslin on the grounds set forth above
and as more specifically set forth in Plaintiffs' Complaint.
WHEREFORE, Defendant, Linda Kay McCauslin, avers that Defendant,
Raynor Dana Lewis, is alone liable to the Plaintiffs or is liable over to Defendant Linda
- :,.:--\ ,~,-',,0 "' - ,", - ,. ,," :_,~; ':",;,
~_,,;,- "" -- -- -- '.,";}~?; "e,.. ,,,;,,"/;,:'; _,,<_, ~~?"i'::':?--"-'"
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,,- '):', '--~
.
Kay McCauslin, or is jointly and severally liable to the Plaintiffs or is liable over to Linda
Kay McCauslin, directly.
Respectfully submitted,
NEALON & GOVER
By: --D~
David J. Freed, Esquire
Atty. 1.0. #76622
2411 North Front Street
Harrisburg, PA 17108-0865
(717) 232-9900
.
-
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.
VERIFICATION
I, Linda Kay McCauslin, verify that the statements made in the foregoing
Answer with New Matter Pursuant to Pa. R.C.P. are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating
to unsworn falsification to authorities.
~^~, V~ \'\\ (,6CVJ",~ I
LINDA KAY MCCAU IN -
DatedC) r~d-1J D f)
,
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CERTIFICATE OF SERVICE
AND NOW, this 16th day of November, 2000, I hereby certify that I have
served the foregoing Answer with New Matter Pursuant to Pa. R.C.P. 2252(d), by
Defendant, Linda Kay McCauslin, on the following by depositing a true and correct copy
of same in the United States mails, postage prepaid, addressed to:
Daniel K. Deardorff, Esquire
MARTSON, DEARDORFF, WilLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
~------1~
David J. Freed, Esquire
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KERRY W. ZIMMER, and
DORINDA C. ZIMMER,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION. LAW
NO. 00-6000 CIVIL TERM
RAYNOR DANA LEWIS, SR., and
LINDA KAY MCCAUSLIN,
Defendants
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER PURSUANT TO PA. R.C.P. 2252(d}
AND NOW, comes Defendant, Linda Kay McCauslin, by and through her
attorneys, Nealon & Gover, P.C., and files the following Answer:
1. Admitted, upon information and belief.
2. Admitted, upon information and belief.
3. Admitted.
4. Admitted.
5. Admitted in part and denied in part. It is admitted that a fire
occurred and that the property was damaged. It is denied that the fire was caused by
Defendant, Linda Kay McCauslin, and proof thereof is demanded at trial. Upon
reasonable investigation, Linda Kay McCauslin is without knowledge or information
sufficient to form a belief as to the truth of the remaining averments in this paragraph
and proof of the same is demanded at trial.
6. Denied. By way of further answer, Defendant, Linda Kay
McCauslin, did not engage in any activity as alleged in Paragraph 5 of Plaintiffs'
",~ ~ -
,
, ,-",
"-,
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Complaint. Furthermore, Defendant, Linda Kay McCauslin, was at work during the time
of the events alleged therein.
COUNT I
7. This paragraph is a paragraph of incorporation to which no
response is required.
8. Admitted in part and denied in part. It is admitted that the Lease
reads as alleged. To the extent that this paragraph alleges additional facts, the same
are denied and proof is demanded.
9. Admitted in part and denied in part. It is admitted that the Lease
reads as alleged. To the extent that this paragraph alleges additional facts, the same
are denied and proof is demanded.
10. Denied. It is specifically denied that Linda Kay McCauslin caused
any damage or that she breached the Lease Agreement with the Plaintiff.
COUNT II
11. This paragraph is a paragraph of incorporation to which no
responsive pleading is required.
12. This paragraph states a conclusion of law to which no responsive pleading
is required. To the extent that it is construed to allege facts, the same are specifically
denied and proof is demanded at trial.
-,
~"
-'
WHEREFORE, Defendant, Linda Kay McCauslin, respectfully requests
that the Complaint against her be dismissed.
NEW MATTER PURSUANT TO PA. R.C.P. 2252(d)
13, Paragraphs 1 through 13 of this Answer and New Matter are
incorporated herein by reference thereto.
14. Paragraphs 1 through 12 of Plaintiffs' Complaint are incorporated
herein by reference thereto without admission to or adoption of any facts alleged
therein.
15. The actsdescribed in Plaintiffs' Complaint were not caused by any
negligence or breach of duty on the part of Defendant, Linda Kay McCauslin, but were
due solely to the negligence of Defendant, Raynor Dana Lewis, Sr., and it is averred
that should any liability on the part of Linda Kay McCauslin be found, which liability is
specifically denied, said liability came about as a result of the negligence of Defendant,
Raynor Dana Lewis, Sr., and Raynor Dana Lewis, Sr. is alone liable to Plaintiffs or is
liable over to Defendant Linda Kay McCauslin, or is jointly and severally liable to
Plaintiffs or is liable to Defendant Linda Kay McCauslin on the grounds set forth above
and as more specifically set forth in Plaintiffs' Complaint.
WHEREFORE, Defendant, Linda Kay McCauslin, avers that Defendant,
Raynor Dana Lewis, is alone liable to the Plaintiffs or is liable over to Defendant Linda
~.~= ~ -~~
.
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Kay McCauslin, or is jointly and severally liable to the Plaintiffs or is liable over to Linda
Kay McCauslin, directly.
Respectfully submitted,
NEALON & GOVER
By: ..lJ~
David J. Freed, Esquire
Atty. 1.0. #76622
2411 North Front Street
Harrisburg, PA 17108-0865
(717) 232-9900
~__"M_ ~.
- ~ ~,
-
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/
VERIFICATION
I, Linda Kay McCauslin, verify that the statements made in the foregoing
Answer with New Matter Pursuant to Pa. R.C.P. are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating
to unsworn falsification to authorities.
~ . y lli~8 ~
A~, ' WkI"I ,
INDA KAY MCC~IN -
DatedC) 1*Ci- 'V 'D f)
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.
"
CERTIFICATE OF SERVICE
AND NOW, this 16th day of November, 2000, I hereby certify that I have
served the foregoing Answer with New Matter Pursuant to Pa, R.C.P. 2252(dl, by
Defendant, Linda Kay McCauslin, on the following by depositing a true and correct copy
of same in the United States mails, postage prepaid, addressed to:
Daniel K. Deardorff, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street,
Carlisle, PA 17013-3093
~--.1@..j
David J. Freed, Esquire
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F:IFILES\DATAFILElSTATRDOC\63-mot.1/jlb
Created: IOf04/0001:54:03PM
I Revised: 04110/01 03:46:54 PM
7550,63
.
KERRY W. ZIMMER and
DORINDA C. ZIMMER,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-06000
CIVIL ACTION-LAW
RAYNOR DANA LEWIS, SR., and
LINDA KAY McCAUSLIN,
Defendants
JURY TRIAL OF TWELVE DEMANDED
PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT
AND NOW, comes Plaintiffs, KERRY W. ZIMMER and DORINDA C. ZIMMER, by and
through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files the following
Motion for Partial Summary Judgment:
1. The pleadings are closed, discovery has concluded, but trial has not yet been
scheduled.
2. Plaintiffs also have submitted as their expert report the report attached hereto as
Exhibit "A", which is the Lower Allen Fire Company report dated June 22, 1999, indicating that the
origin of the fire appeared to be at an electric hotplate.
3. In his deposition, Defendant Lewis testified that he thought he had been using the
electric hotplateto melt scented wax on the afternoon ofthe fire. He then left the home to go to the
grocery store.
4. Both Defendants acknowledged signing a residential lease with the Plaintiffs, which
made both of them liable if either one of them caused damage to the rented property.
5. Based on the above, there is no genuine issue of any material fact as to Plaintiffs'
cause of action in contract which is set forth in Count I of Plaintiffs' Complaint.
6. Based on the above, Plaintiffs are entitled to partial summary judgment as a matter
of law on Count I in the contract set forth in their Complaint.
WHEREFORE, Plaintiffs request that partial summary judgment be entered in their favor
against Defendants.
Date: April 10, 2001
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By \[)4- jJ Ie ~
Daniel K. Deardorff, squire
Ten East High Street
Carlisle, P A 17013-3093
(717) 243-3341
Attorneys for Plaintiffs
'" ""~ ~M
--~
.
INCIDENT REPORT
Lower Allen Fire Company #1
YR DAY OF WEEK
99 Thursda 5 15:13:00
TYPE OF ACTION TAKEN
11 Extin uishment
IGNITION FACTOR
411 Unattended
NFIRS-1
[ ) DELETE
[ ] CHANGE
.
, A FOlD INCIDENT NO
21012 99.000295
8 TYPE OF SITUATION FOUND
Structure Fire
C FIXED PROPERTY USE
1-famil Dwellin . ear
0 CORRECT ADDRESS
9 Sussex Road Cam Hill PA
E OCCUPANT NAME
Lewis Ra mon
F OWNER NAME
Zimmer Ke
G METHOD OF ALARM FROM PUBLIC
Tele hone Direct
H 911 USED
NUMBER OF INJURIES
FIRE SERVICE 000
J COMPLEX
Dwellin Com lex
K AREA OF FIRE ORIGIN
Maint. Sho Area
L FORM OF HEAT OF IGNITION
Heat from Electrical E t 20
M METHOD OF EXTINGUISHMENT
Preconnect 6
ARRIVAL TIME IN SERVICE
15:16:00 17:26:00
MUTUAL AID
1 [XlRecd []Given ~
L
73
CENSUS TRACT ~
C
I
o
E
N
T
S
ROOM/APT NO
F
ENGINES RESPONDED
004
I NUMBER OF FATALITIES
OTHER 000 FIRE SERVICE 000
OTHER 000 I ~
MOBILE PROPERTY TYPE
41 Not A Iicable
EQUIPMENT INVOLVED IN IGNITION
65 Portable Cookin Warmin Unit
TYPE OF MATERIAL IGNITED FORM OF MATERIAL IGNITED
Wood/Pa r 60 Not Classified
LEVEL OF FIRE ORIGIN ESTIMATED LOSS
Below GroundlWater Level 8 30,000
08 A
L
L
25
F
I
99 R
ESTIMATED VAlUE E
S
110,000
N
NUMBER OF STORIES CONSTRUCTION TYPE
One StorY 1 Protected OrdinarY 5
EXTENT OF FLAME DAMAGE EXTENT OF SMOKE DAMAGE
Floor of Orioln 5 Structure of Orioln 6
DETECTOR PERFORMANCE SPRINKLER PERFORMANCE
Undetennined 0 No Eouioment 8
TYPE OF MATERIAL GENERATING MOST SMOKE II AVENUE OF SMOKE TRAVEL
IF SMOKE SPREAD Wood/Paoer 60 Stairwell 4
BEYOND ROOM FORM OF MATERIAL GENERATING MOST SMOKE
OF ORIGIN
Not Classified 99
S
T
R
U
C
T
U
R
E
o
p
Q
R
s
IF MOBILE PROPERTY YEAR MAKE MODEL SERIAL NO. I LICENSE NO.
IF EQUIPMENT INVOLVED YEAR MAKE MODEL SERIAL NO.
IN IGNITION , Port Elect Heat Plate
T
[Xl CHECK IF COMMENTS
OFFICER IN CHARGE (NAME, POSITION, ASSIGNMENT)
U Frazer Garv/Deoutv Chief
MEMBER MAKING REPORT (IF DIFFERENT FROM ABOVE)
Murdoch, David M/2nd Assistant'
DATE
06/17/1999
DATE
06/22/1999
Exhibit "A"
.,~
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>
INCIDENT REPORT
Lower Allen Fire Company #1
,
A
INCIDENT NO EXP NO
99-000295 00
ALARM TIME
5 15:13:00
NARRATIVE
Eng's 2-12, 4-12, 3-30, 3-37
. Truck 8
Squad 30
Disp for a house fire. ols found fire venting from carport stairwell door. Origin appeared to be in comer
of basement at an electric hot plate.
:>,'~~" ~"~ ~- ,
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"
\,
CERTIFICATE OF SERVICE
I, Jody L. Boore, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify
that a copy of the foregoing Motion was served this date by depositing same in the Post Office at
Carlisle, P A, first class mail, postage prepaid, addressed as follows:
David J. Freed, Esquire
NEALON & GOVER
2411 North Front Street
Harrisburg, PAl 711 0
MARTSONDEARDORFF WILLIAMS & OTTO
By ~I!~ t '-18~
Jody L. ore
Ten E HIgh Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiffs
Date: April 10, 2001
" ," "' . _---,-,~-- ,- J-i,_~ ,"'
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...
KERRY W. ZIMMER, and
DORINDA C. ZIMMER,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 00-6000 CIVIL TERM
RAYNOR DANA LEWIS, SR., and
LINDA KAY MCCAUSLIN,
Defendants
JURY TRIAL DEMANDED
ANSWER TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT
AND NOW, Comes Defendant, Linda Kay McCauslin, by and through her
attorney, Brian N. Zulli and files the following Answer to Plaintiff's Motion for Partial
Summary Judgment:
1. Admitted in part and denied in part. Defendant McCauslin admits that the
pleadings are closed; however, discovery is ongoing.
2. Admitted in part and denied in part. This averment is admitted that a fire
occurred and that the property was damaged. It is also admitted that Plaintiffs have
attach as their Exhibit "A" a Lower Allen Fire Company Report dated June 22, 1999,
indicating that the origin of the fire appeared to be an electric hotplate. This averment is
denied to the extent that the statement in no way indicates an admission of liability.
3. Admitted in part and denied in part. This averment is admitted in that
Defendant Lewis states in is deposition that he may have left the burner on the hotplate.
This averment is denied to the extent that the statement in no way indicates an
admission of sole liability.
4. Admitted in part and denied in part. This averment is admitted in that both
Defendants acknowledge signing a residential lease agreement with the Plaintiffs.
" .-
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<
However this averment is denied in that, Defendant Linda Kay McCauslin is no way
liable for this fire, Strict proof of these conclusions is demanded at trial.
5. Denied. This averment is a legal conclusion. Strict proof of is demanded
at trial.
6. Denied. This is a legal conclusion of law to which no responsive pleading
is required. Strict proof of is demanded at trial.
NEW MATTER
7. Paragraphs 1 through 6 of this Answer are incorporated herein by
reference.
8. Summary Judgment is only appropriate whenever there is no genuine
issue of material fact as to the necessary element of a cause of action or defense which
could be established by additional discovery or expert report. Pa.R.C.P.1035.2(1).
The Court should resolve all issues of fact favorable to the non-moving party and
resolve all doubts as to the existence of material facts against the moving party. Alder
v. Nationwide Insurance, 410 Pa.Super. 290, 293, 599 a.2d, 996, 997 (1991). Summary
Judgment may only be entered in cases that are free of doubt. In the instant matter, a
genuine issue of material facts exist. Please find attached a true and accurate copy of
the deposition of Raynor Lewis, Sr., marked as Defendant's Exhibit "A".
9. Plaintiffs reliance on Exhibit "A" which is the Lower Allen Fire company
report dated June 22, 1999, indicating that the origin of the fire appeared to be an
electric hotplate, is hearsay. Also, the author of this report has never been deposed.
Moreover, the report indicates that the hotplate "appeared" to be the cause of the fire.
Strict proof is demanded at trial.
,
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Respectfully submitted,
NEALON & GOVER
By:
Brian N. Zulli, Esqu'
Atty. I.D. #85948
2411 North Front Street
Harrisburg, PA 17108-0865
(717) 232-9900
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CERTIFICATE OF SERVICE
AND NOW, thisb( ~ day of April, 2001, I hereby certify that
I have served the foregoing Answer on the following by depositing a true and
correct copy of same in the United States mails, postage prepaid, addressed to:
Daniel K. Deardorff, Esquire
MARTSON, DEARDORFF, WilLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
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KERRY W. ZIMMER, and
DORINDA C. ZIMMER,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 00-6000 CIVIL TERM
RAYNOR DANA LEWIS, SR., and
LINDA KAY MCCAUSLIN,
Defendants
JURY TRIAL DEMANDED
ORDER
AND NOW, this
day of
, 2001, upon
consideration of the Defendant's Answer to Plaintiff's Motion for Partial Summary
Judgment, it is hereby Ordered and Decreed that Plaintiff's Motion for Partial Summary
Judgment be DENIED.
BY THE COURT
J.
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KERRY W. ZIMMER, and
DORINDA C. ZIMMER,
Plaintiffs
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 00-6000 CIVIL TERM
RAYNOR DANA LEWIS, SR., and
LINDA KAY MCCAUSLIN,
Defendants
JURY TRIAL DEMANDED
ANSWER TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT
AND NOW, Comes Defendant, Linda Kay McCauslin, by and through her
attorney, Brian N. Zulli and files the following Answer to Plaintiffs Motion for Partial
Summary Judgment:
1 . Admitted in part and denied in part. Defendant McCauslin admits that the
pleadings are closed; however, discovery is ongoing.
2. Admitted in part and denied in part. This averment is admitted that a fire
occurred and that the property was damaged. It is also admitted that Plaintiffs have
attach as their Exhibit "A" a Lower Allen Fire Company Report dated June 22, 1999,
indicating that the origin of the fire appeared to be an electric hotplate. This averment is
denied to the extent that the statement in no way indicates an admission of liability.
3. Admitted in part and denied in part, This averment is admitted in that
Defendant Lewis states in is deposition that he may have left the burner on the hotplate.
This averment is denied to the extent that the statement in no way indicates an
admission of sole liability.
4. Admitted in part and denied in part. This averment is admitted in that both
Defendants acknowledge signing a residential lease agreement with the Plaintiffs,
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However this averment is denied in that, Defendant Linda Kay McCauslin is no way
liable for this fire. Strict proof of these conclusions is demanded at trial.
5. Denied. This averment is a legal conclusion. Strict proof of is demanded
at trial.
6. Denied. This is a legal conclusion of law to which no responsive pleading
is required. Strict proof of is demanded at trial.
NEW MATTER
7. Paragraphs 1 through 6 of this Answer are incorporated herein by
reference.
8. Su'mmary Judgment is only appropriate whenever there is no genuine
issue of material fact as to the necessary element of a cause of action or defense which
could be established by additional discovery or expert report. Pa.R.C.P.1035.2(1).
The Court should resolve all issues of fact favorable to the non-moving party and
resolve all doubts as to the existence of material facts against the moving party. Alder
v. Nationwide Insurance, 410 Pa.Super. 290, 293, 599 a.2d, 996, 997 (1991). Summary
Judgment may only be entered in cases that are free of doubt. In the instant matter, a
genuine issue of material facts exist. Please find attached a true and accurate copy of
the deposition of Raynor Lewis, Sr., marked as Defendant's Exhibit "A".
9. Plaintiffs reliance on Exhibit "A" which is the Lower Allen Fire company
report dated June 22, 1999, indicating that the origin of the fire appeared to be an
electric hotplate, is hearsay. Also, the author of this report has never been deposed.
Moreover, the report indicates that the hotplate "appeared" to be the cause of the fire.
Strict proof is demanded at trial.
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Respectfully submitted,
NEALON & GOVER
By:
Bria . ulli, Esquire
Atty.I.D.#85948
2411 North Front Str et
Harrisburg, PA 17108-0865
(717) 232-9900
d_'
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1 KERRY W. ZJ:MI1ER and m THE a:xJRr OF Cll<<:N PLE'J\S 1 1 2
"""'''''-
, JXRDIlDl\.C. ZIH-1ER, a.MBERr.AND CDJNTY', PENNSYLVl\NIA
2 1?laintiffs 2 LmM>IT EXAMINAT'CN p-
3 VS. 00. 2000-06000 3 Raynor D. I.ewi.s, Sr. By Mr. Daardor.ff 3
crvn. PCITrn-I1IW
4 ~ DANA. LEWIS, SR., 4 By Mr. Freed 21
and LI:NI)l\ KAY M:CAUSLm,
5 Defendants. = TRIAL IDl'\NDED 5
6 6
7 7
B B
9 Cepo.si tion of: PA.lH:IR J::mloa. IDltS, SR. 9
10 Taken by: Plaintiffs 10
11 Before: lmj R. Fritz, Notary PUblic 11 """'''''El!IIJJm'S
Registered Professional
12 Reporter , 12 ,.,. J:ES:R[I?TIa.l p-
13 D3.te: April 9, 2000, 10:00 a.m. 13 1 Typed questions and answers 3
14 Place: Mattson, DiJaIdorff, Williams 14
& otto
15 Ten East High Street 15
16 Carlisle, f:'ennsylvania
16
17 17
18 18 copy;
M'PEflP.AN.::ES: 1j
19
Ml\RI'SC1'J, I:IEAR[(1WF, 1NIILIPMS & arro
20 BY: DANIEL K. DEARIX:RFF, E.9;.JJIRE 20
EtR - PIAINI'II'FS ~'1
21
NE:AI.rn' & G::NER,- P.c. ,
22 BY:' DAVID J. mEED, ESQJIRE 22
Et:R - DEEENDANT M::CAUSLm
23 23
24 24
25 25
1 S'rIRIW'JQl
2 It is hereby stipUlated by and betwaen the
3 respective parties that all objections except as to the
4 form of the question are reserved until the tirre of trial.
5 (LBds DEpos!t::f.a1 EJlbibit No. 1 was ~)
6
7 ~~UHIS, sa, called as a witness,
B being duly s.-orn, was examined and testlfied as follows:
9
10 _
11 BY MR. IJEARD:RFF:
12 Q. Please state your full name, Mr. I&lis.
13 A. Raynor r.ana leNis, Senior.
14 Q. And cb we hav~ it spelled .right in this
15 ccrtplaint?
16 A. Yes.
11 Q. Mr. Le.orl.s, did you hear 1ll'f instructions to
18 Mrs. t-tCluslin before she started ans..ering questions?
19 A. Yes.
20 Q. '!hose instructions apply to ycu as v.ell, and
21 Illl just SlJllflI3L"ize than. If you don't understand my
22 question, tell me. You rm.JSt give veIbal an~s. If you
23 want to take a break, we can take a break. SO you
24 understand all those instructions?
25 A. Yes.
3
1 Q. ~, \tklere do you presently live, Mr. I.€wis? 4
2 A. Nine SUssex Road.
3 Q. And that I 09 in Shiraransto...m?
4 A. Yes.
5 Q. And that's the place W1ere the fire haH:J811ed on
6 JUne 17, 1999?
7 A. Yes, it is.
B Q. -, I just want to ask yo..! serre questions abc:ut
9 your relationship with Mrs. M::Causlin. atat's your
10 recollection as to vt100 you net?
11 A. It was in the Sl.IIrIler that her husband had passed
12 """y.
13 Q. I think she said he died in 1997. So it was the
,
14 .surrmar of 19977
15 A. '97.
16 Q. New, before yoo rooved into SUssex Drive in March
17 of 1999, had yw lived tcxJether at all, yc:u and
18 Mrs. t-tCluslin?
19 A. No. r had spent sore days infre::pentlY at her
20 house.
21 Q. But you hadn't permanently rroved in?
22 A. No.
23 Q. -. did the t\.-.o of you ever get engaged?
24 A. Yes.
25 Q. And aH;lrexootely v.ben was that?
Central Pennsylvania Court Reporting Services
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1 A. Latter part of Decarber.
2 Q. And that's of 1998?
3 A. '98.
4 Q. And you gave her a .ring at that point?
5 J>,.. Yes.
6 Q. Mr. Lewis, just .sane background infomation.
7 Vllere ~ you born?
8 A. OJrrberland, Maryland.
9 Q. When did you nove up to this area, Omberland
10 county, Pennsylvania?
11 A. Al:xJut '86.
12 Q. And I W1derstand that you've been on Disability
13 for a feN years?
14 A. Yes.
15 Q. When did you stop w:lrking and go on Disability?
16 A. I stopped \>Orking Decarber of '96.
17 Q. Vllere had you WJIked before -
18 A. And I didn't go on -- I stowed \toOrking then but
19 didn't go on Disability witil a year and .sane nonths later.
20 Q. Where \-.ere you mrking in Decanber of '96?
21 A. At the - there vas a rrotor lOOge on 11 up fratl.
22 the rlying J Truck stop. Maybe I should preface all this
23 by saying I have an advanced case of neuropathy with a feN
24 other ~ladies and my marory is not W'lat it should be. So
25 if there's a tiIoo limit, I'm saying I might have to think
1 A, I w:lUld get it cashed. At the tiIre I got it
2 cashed, I w:lUld have a deposit and then had .sane cash fran
3 that.
4 Q, And did you deposit then Wlatever W3.S left after
5 you too" serre cash out into her checking account?
6 A, No. I clepJsited $700 out of the check into her
7 account less the cash, Wlich I kept myself.
8 Q. SO serre of the rroney you kept as cash and .sane
9 of the unney you put into her account?
10 A, Correct.
11 Q. What bank had her account, if you can recall?
12 A. Union First.
13 Q. Did you and Mrs: M:::.Causlin -
14 A. I'm sorry. I feel like I can't talk to her. I
15 can ask her and probably -
16 MR. FREED: It has to be yoour recollection.
17 BY l-R. [lEARlXRFF:
18 Q. You do your best.
19 A. Well, I have an advanced case of neuropathy, and
20 my marotY is -
21 Q. I understand. New, wtlat's yc.ur recollection as
22 to heM the eKpeIl5eS w=re paid during the time that you
2 3 started living together?
24 A. I paid the rent, and Linda took care of the
25 utilitiss and lM:, rrore or less, shared the groceries.
~
5
1 ~t it so that I don't say anything that's not the right
2 date or the right tinE.
3 Q. Hew long have you had these medical prob1ans?
4 A. Three years nON.
5 Q. And you W3Ie \>Orking for soma type of note!
6 around New Kingston?
7 A. 'Ihe Appalachian M:ltel.
8 Q. Na-J, after you and Mrs, M.?:'auslin becama
9 engaged, did you ever have any joint accounts like joint
10 bank accounts Wlere both of ywr DamaS W3Ie on the aCCOlUlt?
11 A. No.
12 Q. Did Y'OU have a cheC-king accrnmt?
13 A, No.
14 Q. Did you have any savings aCCOlUlts?
15 A. No.
16 Q. New, let's say fran the time you \-.ere engaged up
17 to the tiIre of the fire; that's about six rronths, fram
18 Decarber of 1998 up to June of 1997 -- wait a second, no.
I'$! Decarber of 1998 up to June of 1999. r:o you understand
2'0 ...nere I'm going?
,
~1
22
A.
Yea.
Q. .AbJut six rronths up to the tine of the fire.
23 Mrs. M:Causlin said you valId get your Disability check and
24 cash it and then give her money and she w:JU1d put it in her
\ 25 account?
7
1
2
Q. Did you pay the rent with cash?
A. I deposited it in Linda's account and she wrote
3 a check fran that aCCOlUlt to the ZiImers,
4 Q. Did you ever use her checking account to write
5 checks?
6 A. No.
7 Q. Did you ever portray you and Linda as being
8 married?
9 A. No.
10 Q. In other \\Ol:ds, did you ever tell a friend this
11 ia rrw wife or -
12 A, I'b.
13 Q. Did you and Linda ever exchange w:)rds to the
14 effect that let's be husband and wife as opposed to, you
15 !mON, let's get married in the future; rreaning like I want
16 you to be my wife and let's act as husband and wife?
17 A. No.
18 Q. Did you ever buy supplies for the house after
19 you rroved into the Zirnrrar's property?
20 h. As neaning W"iat?
21 Q. Like groceries, light bulbs, things like that?
22 A. Ch, yeah,
23 Q. And w:JUld you use cash then \.-.hen you bought
2 4 these suI;:Plies?
25 A. Yes.
Central Pennsylvania Court Reporting Services
(800)863-3657 or (717)258-3657 or courtreporters4u @aol.com
" ~.
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1 Q. NGJ, you've had a chance to look over the lease
2 WItch was narked as M:::Causlin Exhibit Number 1. Is that
3 your S~gnature on the last page of the lease?
4 1\. Yes.
5 O. And do you 1ma.J W10 dated it 3/16/99?
6 p.. '!hat's my date, my writing.
7 O. Before you signed the lease, did you have an
8 opporttmity to look it over?
9 ]J.. Yes.
10 Q. Did you ask the ZiIrrrers for any additional time
11 to 100)( it over?
12 A. No.
13 Q. What I'm getting at is did you. say, well, I
14 can't sign this new, I INiIDt my lawyer to look it over,
15 anything like that?
16 A. Well, they seated like nice christian people,
17 and I read it; and being of average intelligence, it
18 sounded okay to 00.
19 Q. Are you a high school graduate?
20 A. Yes.
21 Q. OJ you have any ecfucation beyond high school?
22 A. No.
23 Q. But you can read and write?
24 A. Yes.
25
Q. New, going to the fire of June 17, 1999, is that
1 that. ,And I had had it on earlier and b1rned it off.
2 Q. Maaning earlier that sarna day or earlier in the
3 ""'"
4 A, No; earlier in the week, probably fcur or five
5 clays.
6 Q, Was Linda there Wlen you had it on before?
7 A, No.
S Q. Where W3S she?
9
A. Well, she's always doing something ootside the
10 house. She just W3sn't in the boose.
11 Q. SO the day of the fire, you were nelting serna
12 wax in the hot plate?
13 A. Well, that's ....nat I told the fire chief. tbI,
14 I'm not sure that I did have it on, rot I w:::llid say that I
15 raranbeJ:ed that.
16 Q. To the best of your .recollection you did; you're
17 not 100 percent positive. Is that right?
1 B A. I was so confused that day, Yeah, that' 5 rrore
19 or less right.
20 Q. -wnete did yoo get the way. that ya.J. put in the
21 hot plat:e that day, the day of the fire?
22 A. Well, it was already in there. I just added:
23 sene f.alil another candle that had outlived its use as a
24 candle.
25
Q. Did :you use ,any of the, any of Linda' 09 candles
" ~
"""'";
9
1 your recollection as to wnen the fire occurred?
2 A. Yes.
3 Q. OJ you have any personal ImONledge as to hew
4 this fire starte:l?
5 A. Well, when I carne dONn the street and the fire
6 carpany, a nUl'ltler of then were there, I was directed to the
7 fire chief.
10
8 Q. And do YJU .taraIber his name?
9 A. l'b, I don't. And he asked rre did I have any
10 idea v.hat started it. And 1 said I have no idea other than
11 that 1 may have left a burner on on the hot plate.
12 Q. New, ....nere had you gone that afternoon v.hen the
13 fire started?
14 A. Up the road about a mile, Weis Markets.
15 Q. Did you drive there?
16 A. Yes.
17 Q. And \\ere :you making a purchase there?
18 A. Yeah, a loaf of l::>Lead.
16 Q. Were ycu using cash?
2'0 A. Yes.
~1 Q. New, before ':IOU want to Weis Markets, tell rre
'"22 ....nat you ~ doing with regard to this hot plate?
23 A. Well, I had had the \o2X in it. Of course, that
2 4 was an ongoing thing, collecting it. And \-ohenever 1 v.ould
. 25 feel I had eno..lgh to warrant to nelt it slewly, I W:;)tIld do
11
1 fox wax on that hot plate?
2 A. l'b.
3 Q. After you had noveci into the Zirnrer's rental
4 house but up to the time of the fire, had you ever burned
5 wax in that hot plate Wlen Linda W3S there with you?
6 A. At that residence?
7 Q. Yes.
8 A. No.
12
9
Q. Had you ever done that before Wlen she was
10 present at other residences?
11 A. Yes. She'd walk 1n and it had already been
12 done. I used to do that a good many times at the
13 aparbrent, the same hot plate and the sarna pan.
14 Q. What vas her reaction to you doing that? vmt
15 I'm getting at, did she say, v.ell, I .really like to .snell
16 that fragrance, or did she say, you shouldn't do that?
1 7 W1at was her reaction?
18 A. Yeah, she rararJced that she liked the srell.
19 And.scmatines her friends would care over and they'd asked
20 rre han I did it, and 50 I said tJ.j salling the wax and
21 neJ.ting it over the stove.
22 Linda and sare of her friends had indicate:! that
23 dido It that make rre a little uneasy to be doing that. And
24 I said, ....-ell, I'm never really very far fran itl it usually
25 nelts to about four inches and on 1ew. It had alvays taken
Central Pennsylvania Court Reporting Services
(800)863-3657 or (717)258-3657 or courtreporters4u @aol.com
;~.-
1 twJ hours for the edge of the wax to even begin to bubble,
2 at least two hours.
3 Q. Did Lincla ever say, you better not do that?
4 A. She may have said she wishes that I w:JUldn't
5 because I have a -- with the neuropathy, I .spend about 20
6 hours a day oozing and napping. So she was concemed if
7 that should happen Iohen it was on and tw:l hours .should turn
B into four o:r Wiatever, you }mON. Yeah, she was concerned.
9 Q. Had you ever burned the wax with the hot plate
IO after roving into the zi.rrtrer property but up to the tine of
11 the fire except for the clay af the fUe?
12 A, I don't think so.
13 Q. Well, I think you said maybe four o:r five days
14 before you had done it, before the day of the fire, right?
15 A. No. I had collected the wax to put in it.
16 What did I say?
17 Q, We'll have to :review the deposition. But you
1 B don't -- can you rarenber any ather times you Purned the
19 wax in the hot plate el!cept for the day of the fire in the
20 ZinJTer house?
21 A. Yeah.
22 Q. When was that?
23 A. I'm not .sure; one other time.
24 Q. Was Linda --
25 A. Of course, this is ckw1stairs, and, Lincla, she
1 not being sure W1ether I should, it was just no big matter
2 to go dcwn the steps and reset it. So the air conditioner
3 may have ccma on or the - it was a very old - the fhe
4 chief .said it WlS under code after the fire. Then the
5 shelves that the - we just !lOVed. We had enpty boxes on
6 shelves, and they \.\ere under code as far as hoN Close they
7 could be to the circuit breaker box.
And my father told me the other night, he said
9 he wishes he WJUld have taken a picture of it outside of
10 the breaker 'cox. Trle outside of the wall diI:ectly abcNe is
11 the electric meter, and that glass on that meter was melted
12 dcwn like it was plastic.
13 So I have every reason to believe that the
14 ciI:CUit lXJppE!d like it had done before and majbe a spark
15 fran that I4JUld have lit the cardboard off. I haven't
16 talked to anybody; I'm not an expert by any rreans, bJt I've
17 been burning candles for a lot of years and JmC(rJ a lot of
18 people that do it, and unless they tooch a curtain or
19 sanething -- the actual wax doesn't burn. So if it gets
20 hot, it 'MJUld just snoke, dIy up if you left it for hours
21 and hours.
22 Q. 1n the rronths More the fire that you \\I8ffi in
23 the ZimrEr house, I guess March, J'lpIil, May, June, heM many-
24 timas had the circuit breaker popped?
25 A. Ma}tle a half a dozen tines.
,
~ " " ,
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13
1 only goes do.-m to do the laundry. She WSlsn't aware that I
2 had done it the first tima.
3 Q. Well, did it create a fragrance?
4 A. Yeah. It caroo up iran the steps up into the
5 house.
6 Q. Did Linda say anything about the fragrance?
7 A. She always -- \t.e usually sprayed air spray, and
a she always .said it smalls nice in here, or after a shc:w:::r,
9 you srell nice, always naking carrrents like that.
10 Q. Did Linda ever use the hot plate before the fhe
11 to create the fragrance with the welted wax?
12 A. No.
13 Q. Can you think of anything else that could have
14 caused the fire except for the hot plate?
15 A. Well, I have an old gentleman neighbor behind
16 me. I explained to him -- Io.e .sat and talked about it. And
17 he said that the houses >-.ere - he was there \-.hen they were
18 built, and they were bJilt the same, that he !.OUld
1!l have -- he had to be careful; he !.OUld have an air
2'.0 conditioner on, windcw air conditioner, and perhaps the
2'1 ~e, and then S(lt'ething 'Wal.lld click on like the
22 refrigerator going through its cycle. He said it \.o.OOld pop
23 his circuit breakers cb-mstairs. He's had that problem for
24 a Iohile. I .said, t.o.ell, that's \-klat I s going on at my place.
14
25
I never said anything to Kerry because I just,
15
1 Q. And you WJlIld have to reset the circuit breaker
2 switch?
3 A. Yeah. Well, they....eren 't marked, sa I WJUld
4 have to go dcwn and holler up to her, is the light on here,
5 is the light on in that roan, and eventually ranarked than
6 that way myself. It didn't take nuch to pop them, but,
7 like I say, I've been resetting circuit breakers, like most
8 of us, far ha.ever long I've bee!1 aroond. It's just Wlat
9 :you do ....nen they go out,
10 Q. Prior to the fire, thcugh, you hadn't told
11 Mr. Zinmar about t}1at. Is that correct?
12 A. I may have mantioned it to him in passing that
13 I.o.e had a couple of them pop because he checked in the
14 beginning regularlY to see if we had any prcblans. He
15 \.o.OOld call and ask.
16 Q. Did you ever tell Mr. Zinmer that you liked to
17 burn candle wax in :your hot plate for the fragrance prior
18 to the fire?
19 A. No, rot I believe we had told than that \o,\:!
20 burned candles. I think D:lrinda said, yeah, we like that
21 too saret1mes fOI: the abrosphere. SO just in passing I
22 believe I probably did.
23 Q. But yoo didn't say anything atout the hot plate;
24 just v.e burn candles?
25 A. No. 'lhey made it clear that the candles was
16
Central Pennsylvania Court Reporting Services
(800)863-3657 or (717)258-3657 or courtreporters4u @aol.com
-
',~, i
1 okay, but they didn1t - like the lease says, they didn't
2 want any pets. I don't think it mantions 3lOldng, but they
3 didn't want us ~king in the house, It.hich neither one of
4. 1,.15 do anyway. Just nonnal like beu..een 00 people talking.
5 Q. Did you have any damage as a result of the fire
6 to any of your prq:erty?
7 A. Yes.
a Q. What was damaged of yours?
9 A. I had an antique roll-top desk. I had these
10 .cather detailed matal autanobile m::dels fran antiques.
11 Q. Did you get reimbursed fran anyone for that
12 clam3ge?
13 A. No, I mOO't.
14 Q. Did you ever subnit a claim for that damage?
15 A. I didn't have anyone to turn one in to.
16 Q. Did you ever ask to be coverec:l by the .renter's
17 iIlsurance that Linda had?
16 A. No, I never asked. But I ranarber her agent had
19 called lIe on the phone and asked ma if I wmted to go on
20 that policy.
21 Q. Who had called?
22 A. One of her -- if not her agent, sanaone fran
23 Allstate, WJUld I be interested. I guess since they !meN
24 stle had the policy and ~ wer:en't war:r:ie:i-
25 Q. And v.hat did you say?
17
1 A. I said no thanks.
2 Q. Was that after yr:AJ. had noved into the zinttm I 5
3 house?
4. A. Yes.
5 Q. And v.hy did you say no thanks?
6 A. Well, I was 50 at the time and never had done
7 anything irresponsible that I think that I'd nee:! it. Of
8 course, we never Jrna...t, but Uying to save a feN permies.
9 I'm sure you knew hew that goes.
10 Q. Mr. Lewis, cb you have any bank accounts?
11 A. No.
12 Q. Ib you have any other real estate?
13 A. No.
14 Q. Ib ycur parents live in this area?
15 A. Yes.
16 Q. What's their address?
17 A. 74 Olerry Lane, carlisle.
18 Q. OJ you have any brothers or sisters?
1!} A. Qle sister.
ZD Q. OJ you a..n any stock?
2:1 A. No.
}2 Q. Yoo had a chance to look over your statarent
23 that's been marked as Lewis Exhibit Nurrber 1. NoN, do you
24 :re!l'Slt:e:I giving a statarent to anyone around July 20, 1999
25 \.<t1ich WJUld have been about a nrJIlth after the fire?
1 A. I did give a statement to scmabody. As to v.hen,
2 I couldn't care close.
3 Q. Was that over the telephone?
4 A. '!es.
5 Q. No,.;, did you have a chance to look over vtlat's
6 been marked as Lewis Exhibit Number 1, v.hich is the
7 statement?
8 A. Yes.
9 Q. Co you see anything in there that you questioned
10 wlether you said it?
11 A. Well--
12 Q. In other '^Ord.s, this is your chance to say I
13 n@V8r said that.
14 A. (Perusing docutrent.)
15 You knew, that's kind of hard for me to anm-.er
16 ~use I might sit here for another half hour and say I
17 dOn't rararber saying that because there's a feN things
18 tllat I saw that I clone. Now, without going back over it
19 a~ain, I W)lJldn't rEllBt1ber it. That's hew bad my lllE!TtOry
20 H.
21 Q. well, I tell you v.hat, you reviewacl it about a
22 hcllf an hour ago.
23 A. Right.
24 Q. I have to use the rest ro:;m. Why don't you
25 reWieN it one rrore tine. And then \tki.en I care back, I'll
19
1 ask you again if there's anything in that statanent that
2 strikes you as being inaccurate. And if you want, you can
3 even put a little X in the margin if you want to go back
... over it. rIll be back in about five minutes, so look it
5 over.
6 (RJareupcm, a h1:ie:f recess was taken.)
7 BY foR. IEARiXRFF:
a Q. Mr. Lewis, you've had a chance to look over yaJr
9 statarent again that's been rrerked as Lewis Exhibit NU!1ber
10 1. D:l you see anything in there that you think is
11 inaccurate? And tell me the page.
12 A. Page 2, the foorth question was wt time had
13 .she gone to v.ork. I had said she was on 'a rotating
14 schedUle, that I wasn't sure. I don't rarsrber saying that
15 because ~s long as I've known Linda, I can rarsrber, she's
16 gotten up at 3: 30 in the IlDrning to be at the '! at 5 until
17 5.
18 No.-.r, on occasion, they'll call her and ask her
19 to care in later or take a day off. But that was the day
2 0 .she had left at the regular tine.
21 Q. Okay. Anything else?
22 A. well, I heard }'OU mention to Linda SOlEthing she
23 had said in there, and}'OU said, Linda, you said we, W9 had
24 cbne this and W9 had done that. And that's just hew' W9
25 talk. If W9 ll'ay have not done anything together, we say
Central Pennsylvania Court Reporting Services
(800)863-3657 or (717)258-3657 or courtreporters4u @aol.com
,-,
1B
20
.l
1 that we have, you 1ma.4. It' 09 just like a, you knOtl, like I
2 got another person in rI\Y pocket. I don't !mew hCM to
3 explain it, but that's hON close v.e are.
4 Q. Okay. well, I understand that. Na-l, I'm
5 referring rrore nON to your statement, though. Anything
6 else in the statarent that you gave that you're looking at
7 new that you say, \>ell, that's not true, I don't think I
B said that, or if I did, it's not true?
9 A. It seans to be \-k1at I said, yes.
10 Q, Besides the statenent I sh~ you, have you
11 made any other statarents?
12 A. No.
13 Q, I have a report fran the IDwar Allen Fire
14 COrpany, and on page 2 of that report it states, origin
15 appeared to be in comer of basement at an electi:ic hot
16 plate. That's the conclusion the fire departrrent came up
17 with. Ib you have any dispute with that?
18 A, No. I believe the hot plate did perhaps set off
19 the breaker.
20 toR. CEJlR[(RFF: That's all I have, Mr, LEwis.
21 Thank you.
22 MR. FREED: Mr. LEwis, I have a f&l questions
23 for you,
2' """"""'"
25 BY fuR. FREED:
~ the fire?
;( A. f.bst everything cbNnstairs except Wlat t>aS
3 plastic was rrore ox less still there b1t it was all black
4 charred. So I rray have seen it, but everything dc:w'l there
, v.as covered with soot.
() Q. Ib you have a recollection as to v.hat tiIre the
1 fire happened?
!l A. I did back then. I may have said in that
9 stalBrent. I'm thinking around 2:00. I think I left a
10 quarter after the hew: and ~s back, looked at the clock on
H the car; it W3S about 15 minutes later Wlen 1 pulled up
12 near the house and S<M all the activity.
1J
14
"
16
11
1$
19
20
21
22
"
2'
"
Q. ~ eventually you called Linda?
A. Yeah, fran the neighbor's house.
Q. Was she at w:rrk at that p::Iint?
A. Yes.
MR. mEED: Tnat I S all I have for neM.
MR. DEARIx:RFF: No further questions.
~, the dqlosition was o:mcluded at
10:35 a.m.)
.-,
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21
1 Q. You ware seated in here during Linda M:Ca:uslin' s
2 deposition. Is that right?
3 A. Yes.
4 Q. Did you listen to her testinony?
5 A. Yes.
22
6
Q. r:o ~ believe her testinnny was accurate?
A. Yes.
Q. W1ere exactly W3S the hot plate located in the
7
9 residence?
10 A.
11 Q.
12 yo..!?
13 A.
D::wnstairs right next to the circuit breaker.
You had indicated that that was a \.<Clrk area for
well, it I S \<.here I put plants in a pot. Not
14 necessarily 'nOrkl just hang oot, do Wlatever had to be
15 done, bend a pipe or put scmathing together.
16 Q. And Wlen -you turned the hot plate on that day,
17 Linda was at 'nOrk?
1B A. Yes.
19 Q. Mlen yo..! left the house and \<.hen you came back,
2'0 was she still at It.Ork at that point?
h A. Yes.
.
~2 Q. Did you have occasion to see the hot plate,
23 itself, after the fire?
24 A. tb.
25 Q. OJ you have any idea v.hat it looked like after
23
1 ~'IH OF PENNSYLVlINIA )
I 85.
2 COJN.["f OF aJM8ERI1lND J
3
24
I, PHi R. FRITZ, R. P.R., a court
5 Reporter-Notary Public authorized to administer oaths and
6 take depositions in the trial of causes, and having an
7 office in CarliSle, Pennsylvania, cb hereby certify that
B the foregoing is the testi1nony of ~ I:lMa. LDaS, SR.
g I further certify that befOIe the taking of
10 said deposition the witness was duly swml'l that the
11 questions and answa:rs were taken cb-In stenotype by the said
12 Reporter-N::ltaty, approved and agreed to, and afterwards
13 reduced to cCfrputer printout under the direction of said
14 Reporter .
15 I further certify th<!t the proceedings and
16 evidence are contained fully and accu.rately in the notes
11 taken by tie on the within deposition, and that this cc:py is
18 a correct transcript of the sane.
19 In testirn:my \\hereof, I have hereunto
20 inscribed Iro/ hand this 19th day of _JlpIil, 2001.
21 f\. '- kt
:: \~~?~\ G
2.
25
Central Pennsylvania Court Reporting Services
(800)863-3657 or (717)258-3657 or courtreporters4u @aol.com
" ., """-;,
My name is Doug Morris. Today is July 20, 1999; I'm interviewing Danny
Lewis.
Q: Danny, are you aware our conversation is now being recorded?
A: Yes, I am.
Q: This is being done with your permission?
A: Yes.
Q: For the record, give me your ful,1 name, your full legal name?
A: Raynor
Q: R-A-Y-N--Q-R
A: Yes, Dana
Q: Dana
A: Lewis
~:
Q: L-E-W-I-S?
A: Right, Sr.
Q: Ok, what is your date of birth?
A: Febt:Uary 17, 1949.
Q: And what's your permanent legal residence? Address?
A: 9 Sussex Rd, Camp Hill.
Q: Ok, that's the property that you and Linda McCauslin lease from Kerry
Zi!l'll\er?
A: Yes.
Q: Temporarily you are living where?
A: Ah, Apt 6, 107 November Dr. in Camp Hill.
Q: OK, and phone number is what?
A: 730-0316, 61 excuse me.
Q: You employed?
A: No, ha nay.
Q: Ah, ah, you're on disability?
A: Yes.
Q: What is your Social Security No.
A: 147-42-5382
Q: On June 17, 1999, there was a fire in the residence that you and Linda
rent from Kerry Zimmer, correct?
A: Yes.
Q: And was there anybody at home when the fire occurred?
A: NO.
~
~ EXHIBIT
i Lew:5
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Page 2
Q:
A:
Who was the last one at the proP7rty?
That was me.
Q:
A:
About what time did the fire occUr?
Ah, you know, it was after, afternoon; I'm not sure, I don't remember
quite exactly what time it was before, between 1 and between 1 & 4, if I
remember correctly.
Q:
A:
Did, was, was Linda at work over at the YMCA on that day?
Yes.
Q:
A:
What time had she gone to work?
Well, she has a rotating SChedule and 'on that day I'm not sure. It was
ah, we'd have to check our records ori that. She just works different
hours whenever they have her. "
Q:
A:
But she left before you did?
Oh, yes, she left at least by 10.
Q:
A:
You guys had lived in that house for about how long?
Ah, a couple months.
Q:
During that time, to the best of your knowledge, were you having any
problem with the electrical system in the house?
Well, I had, I had a small problem with it. We had put an outside light
on the porch and I, there was an outside socket, ah, and when I plugged
that in it popped a little red reset button out.
A:
Q:
A:
On the circuit ..breakp.r?
Yeah, on the socket itself, it's a tester socket, I guess, and I put it
back in and it kept popping so I just had an idea maybe it was the
extension cord I was using. It wasn't a new one. So I got a new one,
put it on and I didn't have that problem then.
Q:
A:
Ok, so the problem stopped. No one had to repair the socket?
NO, and I just assumed at that point that it was like I suspected an old,
the older extension cord.
Q:
A:
Yeah, that's the outside socket, right.
Yeah, that was on the patio.
Q:
Had there been a problem with any of the inside outlets, electric
outlets or :switch" particulat-Yin the basement? 's
Well, there had, well, ,actually a couple times, the n 20n light that over
the workbench close to the circuit box, and sometimes I'd pull it and it
didn I t come on or it would flicker and then it would come on or it
woul~'t go off, and I just figured the bulbs, there was something wrong
with the bulbs so I just took them out and was going to replace them.
A:
u
.
,-,
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Page 3
A: (Continued) I had a small college dorm refrigerator on the workbench
and, ah, some other appliances but I just plugged them in as I used
them-a coffee maker and what not.
Q: Now, on the morning of the fire, ah, was the coffee maker plugged in, had
it been used?
A: No, it had been sometime, being warm and all, I just probably wasn't
going to use it until winter.
Q: The refrigerator was plugged in?
A: Yeah, it was always plugged in.
Q: How about the hot plate?
A: Ah, not never until I use it, but on this day it was plugged in. I had
a small pan with, we save candle droppipgs and we melt that periodically
on the stove for a couple hours, gives o~J an aroma.
Q:
Oh, just for a fragrance
anything?
Oh, no, ah nay, no.
type thing.
I mean you're not doing crafts or
A:
, '
Q: You had put the pot on the, ah, hot plate. Did the hot plate have
controls like low, medium and high~
A: Well, it had a left burner and a right burner. The left burner was low
amps and' then on high you got not too warm anyway. The other one was a
regular one so I always put it on that for, I had that hot plate with me
forever, oh, I had melted about 4 inches of wax in the pan, and I put it
on low, on the low amp side, usually for a couple of hour/l, I keep
checking it. You know, in about a couple hours it will get a small
bubbling around the edge of the wax, and, ah, so that's about the limit
of it.
Q: Have you ever had a problem with wax igniting on that hot plate?
A: No, never had that problem.
Q: Did you ever havea prOblem with the hot plate itself?
A: No, and I had, you know, we had burned candles for fragrance thing. I
don't know if this makes any sense, but the wick burns down on the
candle. The longer thEY burn the more candle wax accumulates on top of
the candle and I've never had of them ignite either.
Q: Right.
A: And as I say I had this practice with this for, oh, many times. Two
hours is the limit so I went to the store.
Q: It was still on low?
A: Oh, yeah.
~
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Page 4
Q: And there was no problem. You hadn't smelled any kind of unusual oder?
A: No, I was there, I was doing something on the workbench. I don r t
remember exactly what and I spent maybe 15 minutes after I turned it on.
Q: Was there anything close to the hot plate that could have ignited? Any
kind of clothing or other material?
A: Oh, no, I make certain all that stuff was out. Like I say I slid
everything out and use one thing. at a time.
Q: How long had the hot plate been on when you left to go to the store?
A: Well, maybe 10 minutes.
Q:
A:
It had only been on 10 minutes?
Yeah, like I say, I've been doing that' for a very ,long time.
about 2 hours on the low, the low wattage side, it takes about 2
be warmer than maybe you would want to ~ink your coffee.
,
We have
hours to
Q: Before the date of the fire, June 17, how long had it been since you used
that hot plate?
A: Oh, I'd use it down there about 3, 4 times a week since we've been there.
Q: Without a problem?
A: Oh, yeah.
Q: It hasn't been throwing the circuit b~eaka:or anything?
A: No, the, ah, now, now what did happen, when I first moved there, I had, I
didn't overload any sockets by getting an extension but I did put two
things in the socket once, and, of course, like I say, the refrigerator
is always in, and, ah, every once and a while it pops a circuit.
Q: Yeah.
A: And I just reset it.
Q: Was there anything else plugged in the socket on the date of the fire?
A: Ah, well the refrigerator and the hot plate, that was it.
Q: Yeah. And when you left to get to the store everything seemed normal?
A: Yeah, ah, ha.
Q: How long were you out of the house?
A: Well, under 20 minutes. Linda, was getting ready, if I remember right,
getting ready to come home and I wanted to get that fragrance through
there cause we...
Q: You went to the store for 20 minutes when you returned was the Fire
Department on the scene?
A: Yeah, everybody was there, and, now, the fire had pretty well done its
damage at that point.
iiilIiti~' ~
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Page 5
Q: Where did the fire look like it originated?
A: Ah, well, I was told and after I had got access into the house everything
was pretty well destroyed, and.t~at bottom corner of the basement.
Q: Back where the workbench and the hot plate were?
A: Well, yeah, where the circuit breaker and the workbench and hot plate,
everything was in about a 4 sq. ft. area.
Q: Has the, has the Fire Marshal talked to you at all?
A: No, he hasn't, they did the day I was there, and I, you know, I more or
less said what I....
Q: Which Fire Marshall, do you know, was a State Police Fire Marshal or a
local Fire Department guy?
A: He was local; he was Lieutenant, I hag so many people asking me so many
questions that day, and when I pulled tip, of course, what I seen was not
very pleasing so I don't know. .'
Q: So you had been living in the house with Linda but you, did you have
any insurance on any of your own belongings?
A: No, I didn't. In fact, ironically a'couple days earlier, Linda's agent
had called me and asked if I wanted to go on, and I just, you know,
declined to do it.
Q:
A:
Who was her agent, do you know?
No, I sure don't. I have a couple of medica]. conditions and
neuropathy and my memory had gotten worse over the past years.
it's real important I don't write things down.
one is
Unless
Q: But nobody was in the residence when the fire occurred?
A: NO, ha ha.
Q: And you have heard not anything definite as the cause?
A: NO, I haven't.
Q: Ok, ok.
A: Now, I had a neighbor explain to me about some problems he was having
where he would have a refrigerator, they'd come on and off and the air
conditioning units would come on and off, he said he had problems with
his circuit breakers popping. If he'd be in the basement, he noticed if
the refrigerator 'iould decide to come on, it would overload that small
amp fuse or something. He explained it to me. He's an older fella.
Q: Was the circuit breaker, the breaker box in that same corner?
A: Yes, haha.
Q: And it had breakers not fuses?
A: No', it had breakers.
.",- =
Page 6
Q: And nobody had done any recent work down there since you have lived
there, as far as electrical work?
A: No, ha nay.
Q: Have either you or Linda had any complaints to Kerry about electrical
problems in the house?
A: NO, ah, nay.
A: No, like I said, that one light, which run off of that, of course, they
was all numbered, you know, to show what they were for.
Q: Yeah.
A: And like I say that light that we hung on the patio, like I say, I told
you earlier, I changed the extension and that eliminated that.
Q: So basically, Danny, is that everything ,as far as you're concerned. Do
you have any other information pertaining to, ah, any problem or any,
anything that my have contributed to the fire or is that everything you
know. "
A: No, I just kept popping the circuit breakers when I first moved there.
One would go out if I plugged two things in at one time, have two things
running and one time, I, turned the lil3hts off in the kitchen, of course,
that obviously was on the same circu~t, but I didn't think cause I had
that happen all" through my life. I'm sure we all have something pops and
you just reset it. That only happened a couple times.
Q: I'm going to go ahead and shut off this tape then with your permission,
all right.
A: Right.
par
.
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CERTIFICATE OF SERVICE
AND NOW, this
day of May, 2001, I hereby certify that
I have served the foregoing Answer on the following by depositing a true and
correct copy of same in the United States mails, postage prepaid, addressed to:
Daniel K. Deardorff, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
--------------~-----------------------------------------------------------------------
KERRY W. ZIMMER, and
DORINDA C. ZIMMER,
Plaintiffs
vs.
RAYNOR DANA lEWIS, SR., and
LINDA KAY MCCAUSLIN,
Defendants
NO. 00-6000 CIVil TERM
1. The matter to be argued is the Defendant's Answer to Plaintiff's Summary
Judgment.
2. Identify counsel who will argue case:
(a) for plaintiff:
Daniel K. Deardorff, Esquire
Address:
MARTSON, DEARDORFF, WilLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
(b) for defendant:
Brian N. Zulli
Nealon & Gover, P.C.
2411 North Front Street
Harrisburg, PA 17111
3.) I will notify all parties in writing within two days that this case has been listed for
argument.
Address:
Dated: 5 -L[ ~o I
MaY23.2::~
Brian N. Zulli, A or
Atty. I.D. #85948
4.) Argument Court Date:
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CERTIFICATE OF SERVICE
AND NOW, this 4th day of May, 2001, I hereby certify that I
have served the foregoing Praecipe for Listing Case for Argument on the following
by depositing a true and correct copy of same in the United States mails, postage
prepaid, addressed to:
Daniel K. Deardorff, Esquire
MARTSON, DEARDORFF, WilLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013-3093
.
.
"",", ;
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted In duplicatel
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the foilowing case:
~
(Check one)
(x ) for JURY trial at the next term of civil court.
for trial without a jury.
.
CAPTION OF CASE
(entire caption must be stated in fuil)
(check one)
KERRY W. ZI~lER and DORINDA C. ZIMMER,
Assumpsit
(X) Trespass
Trespass (Motor Vehicle)
(Plaintiff)
(other,
vs.
RAYNOR DANA LEWIS, SR. and
LINDA KAY McCAUSLIN,
The trial list will be called on December 31, 2001
and
Trials commence on
January 28, 2002
(Defendanll
Pretrials will be held on January 9, 2002
(Briefs are due 5 days before pretrials.)
vs.
(The party listing this case for trial shail provide
forthwith a copy of the praecipe to ail counsel.
pursuant to local Rule 214.1.)
No. 00-6000 Civil
19__,
Indicate the attorney who will try case for the party who files this praecipe:
Esquire, MARTSON DEARDORFF WILLIAMS & OTTO, Ten East High Street, Carlisle, J:AL~7013
Daniel K. Deardorff,
Indicate trial counsel for other parties If known: Brian N. 7.1l11iJ_,Esq.uix:.e.___I!EAI,QN 2~OVER
2411 North Front Street, Harrisburg, PA 17110
.------
-. ,------.--.--------- ---.
This case IS ready for trial.
Signed: 'iJ2..;2.&1),.- /~ft
Print Name: Daniel K. Deardorff. RRCjJli r"
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F:\FlLES\DA T AFILE\ST A TE.DOQ63-pra.lljlb
O:eated: IO/04/0001:54:03PM
Revised: 02111/02 04:18:52 PM
1550.63
KERRY W. ZIMMER and
DORINDA C. ZIMMER,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-06000
CIVIL ACTION-LAW
RAYNOR DANA LEWIS, SR., and
LINDA KAY McCAUSLIN,
Defendants
JURY TRIAL OF TWELVE DEMANDED
PRAECIPE
TO THE CUMBERLAND COUNTY PROTHONOTARY:
You are hereby directed to mark the above captioned action settled and discontinued and
issue a certificate of same.
MARTSON DEARDORFF WILLIAMS & OTTO
By
Daniel K. Deardorf , Esquire
LD. No. 17837
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Plaintiffs
Dated: February 11, 2002
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CERTIFICATE OF SERVICE
I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby
certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Brian N. Zulli, Esquire
NEALON & GROVER, P.C.
2411 North Front Street
Harrisburg, PA 17110
MARTSONDEARDORFFW~L~S&OTTO
BY~~~
Am(J. Thumma
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: February 11, 2002
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