HomeMy WebLinkAbout99-04435e
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, as Subrogee of
Carl Pederson,
No.: 99-4435
Type of Case: Civil Action
Plaintiff(s)
Type of Pleading:
TRIAL BRIEF
V.
STEVEN M. HOUCK and
JACK JOSEPH SPICER,
Defendant(s)
JURY TRIAL DEMANDED
Filed on Behalf of Plaintiff:
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA
Counsel of Record for this Party:
Patricia Haas Corll, Esquire
Court I.D. No.: 59238
Defendants WEBER GALLAGHER SIMPSON
STAPLETON FIRES & NEWBY, LLC
800 North Third Street, Second Floor
Harrisburg, PA 17102
(717) 237-6940
Counsel of Record for Adverse Party:
Richard H. Wix, Esquire
IN T IIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL AC'T'ION - LAW
INSURANCE PLACEMENTFACILITY
OF PENNSYLVANIA, as Subrogee of No.: 99-4435
Carl Pederson,
Plaintiff(s)
V.
STEVEN M. HOUCK and
JACK JOSEPH SPICER,
Defendant(s)
PLAINTIFF'S INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA, A/S/O
CARL PEDERSON, TRIAL BRIEF
1. STATF.MFNT OF FACTS:
This action arises from a fire that occured on July 23, 1997 at Tau Kappa Epsilon Fraternity
house. The house was largely destroyed by this fire.
On or about April 23, 1999, a Complaint was filed against Steven M. Houck and James E.
Spicer at docket 99-2441. '['his Complaint alleged two Counts - one in negligence and one in breach
of contract. On July 22, 1999 it second Complaint was filed in this matter at docket 99-4435. This
Complaint was filed against Steven M. Houck and Jack Joseph Spicer, apparently the brother of the
originally named James E. Spicer. This Complaint also alleged negligence and breach of contract.
A motion to consolidate the two actions was filed on August 8, 2001, as the Complaints were
virtually identical, with the exception of the substitution of Jack Joseph Spicer as a party for his
brother James E. Spicer. This Motion was grated by the Honorable Edgar J. Bayley on August 9,
2001.
Prior to the consolidation of these cases, a default judgment was obtained against Jack Joseph
Spicer on or about September 3, 1999.
Thus, the only issues to be decided are the negligence and breach of contract issues against
Defendant Steven M. Houck and the damages flowing therefrom and the damages attributable to
Defendant Jack Joseph Spicer.
II. NEGLIGENCE AS TO DEFENDANT HOUCK
To establish a viable cause of action in negligence, a pleader must aver in his complaint
the following elements:
1) a duty or obligation recognized by the law requiring the actor to conform to a
certain standard of conduct for the protection of others against unreasonable risks
of failure on the person's part to conform to the standard required; and
2) a breach of the duty; and
3) a reasonably close causal connection between the conduct and the resulting
injury and actual loss or damage resulting to the interest of another.
See Ferry v. Fisher, 709 A.2d 399, 402 (Pa. Super. 1998). See also, JEJ v. Tri-County Big
Brothers Big Sisters, Inc., 692 A.2d 582 (Pa. Super. 1997)( holding that the elements of
negligence are duty owed, a breach of that duty, a causal connection between the breach and the
resulting injury and actual damages or loss).
Thus, as we examine Defendant Houck's conduct, the threshold question in negligence is
whether Mr. Houck owed a duty to Dr Pederson, and hence to the Plaintiff in this matter,
Insurance Placement Facility.
Section 323 of the Restatement (2d) of Torts has been cited and discussed in over 100
cases in the Commonwealth of Pennsylvania. See Filter v. McCabe, 1999 Pa. Super. 143, 733
A.2d 1274 (Pa. Super. 1999). More importantly, § 323 of the Restatement 2d of Torts has been
adopted as an accurate statement of the law in this Commonwealth by the Pennsylvania Supreme
Court. $" Gradel v. Inouve, 491 Pa. 534, 421 AN 674 (1980); DeJesus v. Liberty Mutual
Insurance Co„ 423 Pa. 198, 223 A.2d 849 (1966). This section states as follows:
"One who underlakcs.bratuitously or for consideration, to render services to
another which he should recognize as necessary for the protection of the other's
person or JhjM,, is subicct to liability to the other for physical harm resulting
[font Iris failure to exercise reasonable care to perform his undertaking, if (a) his
failure to exercise such care increased the risk of harm, or (b) the harm is suffered
because of the other's reliance upon the undertaking.
§323 of the Restatement (2d) of Torts (emphasis added).
Expanding upon the application of §323, the drafters indicated that
[TJ 's Section al]j2lics to any undertaking to render services to another which the
defendant should recognize as necessary for the protection of the other's person or
jUM. It applies whether the harm to another or his things results from the
defendant's negligent conduct in the manner of his performance of the
undertaking or from his failure to exercise reasonable care to complete it or
protect the other while he discontinues it.
Continent A: §323 Restatement 2d of Torts (emphasis added), See also Feld v. Merriam, 506 Pa.
383, 485 A.2d 742 (Pa. 1984).
Moreover, as the comments to Section 323 make it clear, once an individual undertakes to
perform an action, even in the absence of a duty to do so, he must act non-negligently to protect
3
the other's person OR THINGS. Indeed, the Superior Court has discussed the application of
Section 323 in a property damage case which arose from the failure of a utility to wam property
owners that it was going to release flood waters from a lake behind a hydro electric dam. In
Engle v. West Penn Power, 409 Pa. Super. 462, 598 A. 2d 290 (1991), the issue was whether
West Penn Power was negligent in improperly obstructing or releasing flood waters from the
Lake Lynn Dam and/or in failing to adequately notify the individuals or entities who ultimately
suffered property damage. 409 Pa. Super. at 468. The failure to wam theory was brought under
Section 323 of the Restatement 2d of Torts. 409 Pa. Super. at 471.
Here too, Section 323 applies to Defendant Houck, and imposes a duty upon him, which
he breached.
Moreover, under §323, once a Plaintiff has introduced evidence that a defendant is
negligent, there is a relaxed standard for causation - whether the defendant's conduct increased
the risk of harm to Plaintiff's property. It then becomes a question for the jury as to whether or
not that increased risk was a substantial factor in producing the harm. Hamil v. Bashline, 481 Pa.
256, 269, 392 A.2d 1280, 1286 (1978).
III. BREACH OF CONTRACT AS TO HOUCK
Defendant Houck admitted in his deposition that he signed a lease agreement with Carl
Pederson, the Plaintiff's insured in this matter. This contract was also made part of the pleadings
in this case as it was appended to and referenced in both Complaints in this matter. Specifically,
it is alleged that Defendant Houck breached paragraphs 6 and 8 of the Agreement. These items
specifically state:
REPEATED DAMAGE: Serious or repeated damage to the
premises, any common areas or any property of the Owner or
Agent, is a violation of this lease agreement
DUE CARE/APPLIANCES: Resident agrees to use due care in the use of the
premises, the appliances therein, and all other parts or Owner's or Agent's
Property, to give notice to Owner or Agent of the need for repair thereof, and to
pay for all repairs to the apartment its contents and to all other parts of Owners or
Agent's property which are necessitated by any act or lack of care on the part of
Resident, members of Resident's family or his visitors
Rental Contract (emphasis added and in original).
While due care is predominantly discussed in the negligence context, it has been defined,
nevertheless as, " the care which a reasonable prudent person would exercise under the
conditions set forth by the facts of the case." Brown v. Tinneny, 280 Pa. Super. 512, 421 A.2d
839(1980).
Thus, Defendant Houck agreed to act as a reasonable prudent person in the use of the
premises, appliances and property he leased from Dr. Pederson. If he did not, he is liable in
breach of contract for all the repairs to the property necessitated by his conduct.
IV. JOINT AND SEVERAL LIABILITY
On June 19, 2002 Senate Bill No. 1089 was signed into law. This Act, now known as
Act 57, in essence does away with the law ofjoint and several liability in the Commonwealth of
Pennsylvania. However, it is not applied retroactively. Indeed, Act 57 which took effect on
August 18, 2002 is only applicable to causes of action accrued after that date.
Here the cause of action accrued in 1997, and the case was filed in 1999. Thus the
provisions of Title 42 Section 7102 which allow for a plaintiff to recover the full amount of the
allowed recovery from any defendant against whom the plaintiff is not barred are applicable
herein.
Respectfully submitted,
WEBER GALLAGHER SIMPSON STAPLETON
FIRES & NEWBY, LLP
Pam Haas ll, Esquire
P . Su rem C urt I.D. No.: 59238
00 N rth ; ird Street, 2nd Floor
Ha .sbur , PA 17102
Phone: 717.237.6940
Fax: 717-237-6949
Counsel for Plaintiff
Dated: July, 2003
CERTIFICATE OF SERVICE
I, Patricia Haas Corll, Esquire, hereby certify that I am this day serving a copy of the
foregoing Plaintiffs Trial Brief via hand delivery upon the below persons(s) which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure.
July, 2003
Richard Wix, Esquire
Wix Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17100
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, as Subrogee of
Carl Pederson,
Plaintiff(s)
Docket No.: 99-4435
Oler, J.
V.
STEVEN M.HOUCK
and
JACK JOSEPH SPICER
Defendants
Ab
PLAINTIFF'S PROPOSED POINTS FOR CHARGE
AND NOW, comes the Plaintiff, by and through its counsel, Patricia Haas Corll, Esquire
and Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP, and respectfully request this
Honorable Court to instruct the jury on the law as set forth below:
Binding Instructions
1. Under the law and evidence your verdict must be in favor of the Plaintiff, Insurance
Placement Facility of Pennsylvania and against Defendant Jack Joseph Spicer on all claims of
negligence because a Default Judgment has been entered against Defendant Spicer.
ACCEPTED:
REJECTED
MODIFIED
2. Under the law and the evidence, your verdict must be in favor of Plaintiff, Insurance
Placement Facility of Pennsylvania, and against Defendant Steven M. Houck on all claims of
negligence.
ACCEPTED:
REJECTED
MODIFIED
3. Under the law and the evidence, your verdict must be in favor of Plaintiff, Insurance
Placement Facility of Pennsylvania and against Defendant Steven M. Houck on all claims of
breach of contract.
ACCEPTED:
REJECTED
MODIFIED
4. The admissions of fact made by defendant Houck in his Answer to the Complaint or
in testimony have been offered by the Plaintiff and received in evidence. Defendant Houck is
bound by these admissions. PSSJI§ 2.1 (Civ.).
ACCEPTED:
REJECTED
MODIFIED
5. The Plaintiff claims that it was injured and sustained damages as a result of the
negligent conduct of the defendant. The Plaintiff has the burden of proving its claims.
Defendant Houck denies the Plaintiff's claims and asserts as an affirmative defense that the
Plaintiffs were themselves negligent and that such negligence was a substantial factor in bringing
about the Plaintiffs injuries. The Defendant has the burden of proving this affirmative
defense.
Based upon the evidence presented at this trial, the only issues for you to decide in
accordance with the law as I shall give it to you, are:
First: Was the Defendant negligent?
Second: Was the Defendant's conduct a substantial factor in bringing about harm to
Plaintiff?
Third: Was the Plaintiff negligent and was the negligence a substantial factor in
bringing about its injuries? PSSJI §3.00 (Civ)
ACCEPTED:
REJECTED
MODIFIED
6. The legal term negligence, otherwise known as carelessness, is the absence of ordinary
care which a reasonable prudent person would exercise in the circumstances here presented.
Negligent conduct may consist either of an act or an omission to act when there is a duty to do
so. In other words, negligence is the failure to do something which a reasonably careful person
would do, or the doing of something which a reasonably careful person would not do, in light of
all the surrounding circumstances established by the evidence in this case. It is for you to
determine how a reasonably careful person would act in those circumstances. Pa. SSJI (Civ)
3.01.
ACCEPTED:
REJECTED
MODIFIED
7. Ordinary care is the care a reasonably careful person would use under the
circumstances presented in this case. It is the duty of every person to use ordinary care not only
for his own safely and the protection of his property, but also to avoid injury to others. What
constitutes ordinary care varies according to the particular circumstances and conditions existing
then and there. The amount of care required by the law must be in keeping with the degree of
danger involved. Pa. SSJI (Civ) 3.02
ACCEPTED:
REJECTED
MODIFIED
8. In order for the Plaintiff to recover in this case, the Defendants' negligent conduct
must have been a substantial factor in bringing about the accident. This is what the law
recognizes as legal cause. A substantial factor is an actual, real factor, although the result may be
unusual or unexpected, but it is not an imaginary or fanciful factor or a factor having no
connection or only an insignificant connection with the accident. Pa. SSJI (Civ) 3.25
ACCEPTED:
REJECTED
MODIFIED
9. There may be more than one factual cause of the harm suffered by the Plaintiff. When
negligent conduct of two or more persons contributes concurrently to an occurrence or incident,
each of these persons is fully responsible for the harm suffered by the Plaintiff regardless of the
relative extent to which each contributed to the harm. A cause is concurrent if it was operative at
the moment of the incident, and acted with another cause as a factual cause in bringing about the
harm. Pa. SSJI (Civ) 3.26
ACCEPTED:
REJECTED
MODIFIED
10. There may be more than one factual cause of the harm suffered by the Plaintiff.
When negligent conduct of two or more persons contributes concurrently to an occurrence or
incident, each of these persons is fully responsible for the harm suffered by the Plaintiff
regardless of the relative extent to which each contributed to the harm. A cause is concurrent if it
was operative at the moment of the incident, and acted with another cause as a factual cause in
bringing about the harm. Pa. SSJI (Civ) 3.27
ACCEPTED:
REJECTED
MODIFIED
11. Where the conduct of two or more persons is negligent, and it is proved that the harm
was caused by the negligent conduct of only one of them, but there is uncertainty as to which
onecaused it, the burden is upon each person to prove that he or she has not caused the harm. Pa.
SSJI (Civ) 3.29
ACCEPTED:
REJECTED
MODIFIED
12. The number of witnesses offered by one side or the other does not, in itself,
determine the weight of the evidence. It is a factor, but only one of many factors that you should
consider. Whether the witnesses appear to be biased or unbiased or whether they are interested or
disinterested persons, are among the important factors that indicate the reliability of their
testimony. The important thing is the quality of the testimony of each witness. In short, the test is
not which side brings the greater number of witnesses or presents the greater quantity of
evidence; but which witness or witnesses, and which evidence, you consider most worthy of
belief. Even the testimony of one witness may outweigh that of many, if you have reason to
believe his or her testimony in preference to theirs. Obviously, however, where the testimony of
the witnesses appears to you to be of the same quality, the weight of numbers assumes particular
significance. Pa. SSJI (Civ) 5.03
ACCEPTED:
REJECTED
MODIFIED
13. You may find inconsistencies in the evidence. Even actual contradictions in the testi-
mony of witnesses do not necessarily mean that any witness has been willfully false. Poor
memory is not uncommon. Sometimes a witness forgets; sometimes he or she remembers
incorrectly. It is also true that two persons witnessing an incident may see or hear it differently.
If different parts of the testimony of any witness or witnesses appear to be inconsistent,
you the jury should try to reconcile the conflicting statements, whether of the same or different
witnesses, and you should do so if it can be done fairly and satisfactorily.
If, however, you decide that there is a genuine and irreconcilable conflict of testimony, it
is your function and duty to determine which, if any, of the contradictory statements you will
believe. Pa. SSJI (Civ) 5.04
ACCEPTED:
REJECTED
MODIFIED
14. You will recall that Carl Natale of UBA Fire Investigation and Corporal Nolan
Brubaker of the Pennsylvania State Police gave testimony of their qualifications as experts in the
field of fire investigation.
A witness who has special knowledge, skill, experience, training or education i a
particular science, profession or occupation may give his opinion as an expert as to any matter in
which he is skilled. In determining the weight to be given to his opinion, you should consider the
qualifications and reliability of the expert and the reasons given for his opinion. You are not
bound by an expert's opinion merely because he is an expert; you may accept or reject it, as in
the case of other witnesses. Give it the weight, if any, to which you deem it entitled. PSSJI
§5.30 (Civ)
ACCEPTED:
REJECTED
MODIFIED
15. In general, the opinion of an expert has value only when you accept the facts upon
which is based. This is true whether the facts are assumed hypothetically by the expert, come
from his personal knowledge, from some other proper source or from some combination of these.
PSSJI §531 (Civ)
ACCEPTED:
REJECTED
MODIFIED
16. In this case you have heard what the law calls circumstantial evidence.
Circumstantial evidence consists of proof of facts, or circumstances, from which it is reasonable
to infer the existence of another fact. You may consider circumstantial evidence and you should
give it whatever with you believe it deserves. Pa. SSJI (Civ.) 5.07.
ACCEPTED:
REJECTED
MODIFIED
17. I have invited your attention to various factors you may consider in evaluating the
evidence for the plaintiff and defendant. In doing so, I have not attempted to indicate any opinion
on my part concerning the weight you should give to the evidence or to any part of it and I would
not want you to think that I had. In any event, it is for you and you alone to determine the
credibility of each witness. Pa. SSJI (Civ) 5.40
ACCEPTED:
REJECTED
MODIFIED
18. In civil cases such as this one, the Plaintiff has the burden of proving those
contentions which entitled it to relief.
When a party has the burden of proof on a particular issue, it's contention on that issue
must be established by a fair preponderance of the evidence. The evidence establishes a
contention by a fair preponderance of the evidence if you are persuaded that it is ore probably
accurate and true than not.
To put it another way, think if you will, of an ordinary balance scale, wth a pan on
each side. Onto one side of the scale, place all of the evidence favorable to the plaintiff onto the
other, place all of the evidence favorable to the Defendant. If, after considering the comparable
weight of the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in
favor of the plaintiffs, your verdict must be for the plaintiffs. If the scales tip in favor of the
defendant, or are equally balanced, your verdict must be for the Defendant.
In this case, the plaintiffs have the burden of proving the following propositions: that
the Defendant was negligent, and that the negligence was a substantial factor in bringing about
the accident. If, after considering all of the evidence, you feel persuaded that these propositions
are more probably true than not true, your verdict must be for the plaintiff. Otherwise, you
verdict should be for the Defendant. PSSJI §5.50 (Civ)
ACCEPTED:
REJECTED
MODIFIED
19. If you find that the defendant is liable to the plaintiff, you must then find an amount
of money damages you believe will fairly and adequately compensate the plaintiff for all the
financial injury it has sustained as a result of the occurrence. The amount you award today must
compensate the plaintiff completely for damage sustained. Pa. SSJI (Civ.) 6.0 (as edited).
ACCEPTED:
REJECTED
MODIFIED
20. The plaintiff is entitled to be compensated for the harm done to Dr. Pederson's
property. Because the property was not a total loss, damages are measured by the reasonable cost
of repairs set forth in the amount of $102,738.04 Pa. SSJI (Civ) 6.01J
ACCEPTED:
REJECTED
MODIFIED
21. A breach of contract occurs when a party to the contract fails to perform any contrac.
tual duty of immediate performance or violates an obligation, engagement, or duty and that
breach is material. A breach does not have to be defined in a contract.
Not every nonperformance, however, is to be considered a breach of the contract. If
you find that the nonperformance was immaterial, and thus the contract was substantially
performed, you must also find that a breach of the contract has not occurred. Pa. SSJI (Civ) 15.06
ACCEPTED:
REJECTED
MODIFIED
22. Where one party to a contract breaches that contract, the other party may recover for
those injuries that have been proved to you with reasonable certainty. Any compensation awarded
for injury is termed "damages." Generally, the measure of damages is the sum that will
compensate the plaintiff for the loss sustained. If you find that the defendant breached the
contract, you must then decide, based on the evidence the plaintiff has presented, what amount of
money will compensate the plaintiff for those injuries that were a direct and foreseeable result of
the breach, and that the parties could have reasonably foreseen with certainty at the time they
made the contract. Pa. SSJI 15.26 (Civ)
ACCEPTED:
REJECTED
MODIFIED
Respectfully submitted,
WEBER GALI*GHBR SIMPSON STAPLETON
u e e Court LD. No.: 59238
8ort Third Street, 2"' Floor
H
)asbur
P: 717.237.6940
Fax: 717-237-6949
Attorneys for Plaintiff
CJ??9)
Weber Gallagher Simpson Stapleton Fires & Newby, LLP
By: John M. Clark
Attorney Id. No.: 72652
1811 Chestnut St., Suite 600
Philadelphia, PA 19103
Attorney for Plaintiff
FEB 19 2003 W
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA as Subrogee of
Carl Pederson
Plaintiff(s)
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
And
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Brief Summary of the Case
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Docket No.: 99-4435
This litigation arises out of a major fire occurring on July 23, 1997 at Tau
Kappa Epsilon fraternity house located at 11 Britton Road, Shippensburg,
Pennsylvania which was insured by Plaintiff under policy no.: 612180-97-0
effective from 02/12/97 to 02/12/98. Said fire destroyed most of the house and
contents therein. At the time of the fire, Defendants, Houck and Spicer were
tenants at the loss location on July 23, 1997.
The major fire was caused by the re-kindling of a small fire occurring a few
hours prior. The small fire occurred when defendants, James Spicer and/or
Steven Houck recklessly placed the bed on top of the electrical cord leading to
the window air conditioning unit located within the bedroom. Defendant, Spicer
turned on the window air conditioning unit prior his air conditioner to going to
sleep. Defendant, Spicer was awakened by a small fire located on his mattress.
Defendants Spicer and Houck attempted to extinguish the fire by pouring water
from a dog bowl onto the fire. Defendants negligently did not inform the proper
authorities of the fire. Said defendants left the burning and/or burnt bedding in
the room. Said Defendants proceeded to remove the batteries from the smoke
detecting devices within the premises in order to prevent the alarm from
sounding. The two Defendants thereafter moved to Houck's room to return to
sleep. Thereafter, the fire re-kindled in the mattress where it originally ignited
causing a major fire to the premises.
II. Statement of Issues
Negligent actions of Defendants, Steven Houck and/or James
Spicer by recklessly placing bed on top on electrical cord leading to
window air conditioning unit.
2. Negligent actions of Defendants, Steven Houck and/or James
Spicer by recklessly extinguishing original fire.
Negligent actions of Defendants, Steven Houck and/or James
Spicer by failing to notify proper authorities of original fire.
4. Negligent actions of Defendants, Steven Houck and/or James
Spicer by negligently disabling smoke detecting device located
within premises.
5. Breach of contract by Defendant, Steven Houck by way of
breaching lease agreement by causing damage to property of
Plaintiff.
6. Breach of contract by Defendant, James Spicer by way of
breaching lease agreement by causing damage to property of
Plaintiff.
III. Stipulations
None
IV. Witnesses
1. Steven Houck
2. James Spicer
3. Barry K. White/UBA Fire & Explosion Investigators
4. John W. Noblet, UBA Fire & Explosing Investigators
3. Any and all investigating officials including members of fire department
and police department.
V. Exhibits
Damage Estimates
Lease Agreement
UBA Investigative Report
VI. Damages
Plaintiff suffered damages in the amount of $102,738.04.
VII. Statement of Any Objections or Evidentiary Problems to be Resolved
Prior to Trial
Plaintiff is not aware of any issues to be resolved at the present time.
VIII. Special Requests
None
IX. Best Offer of Settlement Authorized by Client
Plaintiff has made no offer of settlement since the fire was caused by
Defendants, Steven Houck and/or James Spicer's negligence and/or
recklessness.
X. Estimated Time Needed for Trial
One to two days.
Weber Gallagher Simpson Stapleton Fires &
Newby, LLP
Dated:
ohn M. rk,
,Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, Terri Enright, Legal Assistant to John M. Clark, Esquire, hereby certify as
follows: I am employed by Weber Gallagher Simpson Stapleton Fires & Newby,
LLP counsel for plaintiff and on the below referenced date I mailed a copy of the
attached pleadings by facsimile and regular mail to the following counsel and/or
parties:
Wix Wenger & Weidner
Richard H. Wix, Esquire
4705 Duke St.
Harrisburg, PA 17109
Dated: --
erri Enrigl t,
Legal Assistant to John M. Clark, Esquire
INSURANCE PLACEMENT
FACILITY OF PENNSYLVANIA,
as subrogee of Carl Pederson,
Plaintiff
V.
STEVEN M. HOUCK and
JAMES E. SPICER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 99-4435
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT STEVEN HOUCK'S
MEMORANDUM FOR PRE-TRIAL CONFERENCE
1. Brief Summary of the Case
This litigation arises out of a fire that occurred on July 25, 1997 at 11 Britton
Road, Shippensburg, Pennsylvania. Defendants were two of a number of tenants who
resided at the property owned by Dr. Carl Pederson. At the time of the firs, the two
Defendants were the only occupants of the building.
On the night of the fire Defendant Houck was awakened by the smoke alarm.
The smoke alarm was located in the room occupied by Defendant Spicer. Apparently
the sheets on Mr. Spicer's mattress caught on fire due to an electrical defect associated
with the air conditioner. When Mr. Houck entered Mr. Spicer's room, the fire had
already been put out by Mr. Spicer. The cord to the air conditioner was unplugged, and
as far as Mr. Houck could tell Mr. Spicer had extinguished the fire. At that point Mr.
Houck felt that it was safe enough to go back to bed, which he did. Later in the evening,
another fire broke out in Mr. Spicer's room.
II. Statement of Issues
1. Negligence of Defendant Steven Houck.
2. If Defendant Houck was negligent, was his negligence a substantial factor
in bringing about the Plaintiff's harm?
3. Damages
III. Stipulations
None.
IV. Witnesses
1. Steven Houck
V. Exhibits
None
VI. Damages
See Plaintiffs Pre-Trial Memorandum.
VII.
Defendant is not aware of any unusual evidentiary issues to be resolved.
VIII. Special Requests
None.
IX. Best Offer of Settlement Authorized by Client
Defendant has made no offer of settlement since the fire was electrical in nature
and Defendant Houck had nothing to do with the starting of either fire.
2
X. Estimated Time Needed for Trial
1 1/2 days
Respectfully submitted,
WIX, WENGER & WEIDNER
Richard H. Wix, Esq., ID# 07274
Attorneys for Defendant Houck
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 02/14/03
CERTIFICATE OF SERVICE
AND NOW, this 14th day of February, 2003, I, Gaye Crist, an employee of the
firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the
within Defendant Steven Houck's Memorandum for Pre-Trial Conference this date by
depositing a copy of same in the United States mail, postage prepaid, in Harrisburg,
Pennsylvania, addressed as follows:
The Honorable Edgar B. Bayley
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
and by facsimile to:
John M. Clark, Esquire
1500 JFK Boulevard, Suite 200
Two Penn Center
Philadelphia, PA 19102
(215) 923-5076
WIX, WENGER & WEIDNER
,?CCak y,'I'
Gaye fist
FEe 19 2003
INSURANCE PLACEMENT
FACILITY OF PENNSYLVANIA,
as subrogee of Carl Pederson,
Plaintiff
V.
STEVEN M. HOUCK and
JAMES E. SPICER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4435
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT STEVEN HOUCK'S
MEMORANDUM FOR PRE-TRIAL CONFERENCE
1. Brief Summary of the Case
This litigation arises out of a fire that occurred on July 25, 1997 at 11 Britton
Road, Shippensburg, Pennsylvania. Defendants were two of a number of tenants who
resided at the property owned by Dr. Carl Pederson. At the time of the fire, the two
Defendants were the only occupants of the building.
On the night of the fire Defendant Houck was awakened by the smoke alarm.
The smoke alarm was located in the room occupied by Defendant Spicer. Apparently
the sheets on Mr. Spicer's mattress caught on fire due to an electrical defect associated
with the air conditioner. When Mr. Houck entered Mr. Spicer's room, the fire had
already been put out by Mr. Spicer. The cord to the air conditioner was unplugged, and
as far as Mr. Houck could tell Mr. Spicer had extinguished the fire. At that point Mr.
Houck felt that it was safe enough to go back to bed, which he did. Later in the evening,
another fire broke out in Mr. Spicer's room.
II. Statement of Issues
1. Negligence of Defendant Steven Houck.
2. If Defendant Houck was negligent, was his negligence a substantial factor
in bringing about the Plaintiffs harm?
3. Damages
III. Stipulations
None.
IV. Witnesses
1. Steven Houck
V. Exhibits
None
VI. Damages
See Plaintiffs Pre-Trial Memorandum.
VII. Statement of Any Obiections or Evidentiary Problems to be Resolved Prior
to Trial
Defendant is not aware of any unusual evidentiary issues to be resolved.
VIII. Special Requests
None.
IX. Best Offer of Settlement Authorized by Client
Defendant has made no offer of settlement since the fire was electrical in nature
and Defendant Houck had nothing to do with the starting of either fire.
2
X. Estimated Time Needed for Trial
1 1/2 days
Respectfully submitted,
WIX, WENGER & WEIDNER
By C?7 Td - T?
Richard H. Wix, Esq., ID# 07274
Attorneys for Defendant Houck
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 06/17/03
i
INSURANCE PLACEMENT IN THE COURT OF COMMON PLEAS
FACILITY OF PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA
as subrogee of Carl Pederson,
Plaintiff
NO, 99-4435
V.
CIVIL ACTION - LAW
STEVEN M. HOUCK and
JAMES E. SPICER, JURY TRIAL DEMANDED
Defendants
DEFENDANT STEVEN HOUCK'S
MEMORANDUM FOR PRE-TRIAL CONFERENCE
1. Brief Summary of the Case
This litigation arises out of a fire that occurred on July 25, 1997 at 11 Britton
Road, Shippensburg, Pennsylvania. Defendants were two of a number of t6L who
resided at the property owned by Dr. Carl Pederson. At the time of the fire, the two
Defendants were the only occupants of the building.
On the night of the fire Defendant Houck was awakened by the smoke alarm.
The smoke alarm was located in the room occupied by Defendant Spicer. Apparently
the sheets on Mr. Spicer's mattress caught on fire due to an electrical defect associated
with the air conditioner. When Mr. Houck entered Mr. Spicer's room, the fire had
already been put out by Mr. Spicer. The cord to the air conditioner was unplugged, and
as far as Mr. Houck could tell Mr. Spicer had extinguished the fire. At that point Mr.
Houck felt that it was safe enough to go back to bed, which he did. Later in the evening,
another fire broke out in Mr. Spicer's room.
II. Statement of Issues
1. Negligence of Defendant Steven Houck.
2. If Defendant Houck was negligent, was his negligence a substantial factor
in bringing about the Plaintiffs harm?
3. Damages
Ill. Stipulations
None.
IV. Witnesses
1. Steven Houck
V. Exhibits
None
VI. Damages
See Plaintiffs Pre-Trial Memorandum.
VII. Statement of Any Objections or Evidentiary Problems to be Resolved Prior
to Trial
Defendant is not aware of any unusual evidentiary issues to be resolved.
VIII. Special Requests
None.
IX. Best Offer of Settlement Authorized by Client
Defendant has made no offer of settlement since the fire was electrical in nature
and Defendant Houck had nothing to do with the starting of either fire.
2
X. Estimated Time Needed for Trial
1 1/2 days
Respectfully submitted,
WIX, WENGER & WEIDNER
Richard H. Wix, Esq., ID# 07274
Attorneys for Defendant Houck
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 1/7/03
3
CERTIFICATE OF SERVICE
AND NOW, this 7th day of January, 2003, I, Gaye Crist, an employee of the
firm of Wix, Wenger & Weidner, attorneys for Defendant Houck, hereby certify that I
served the within Defendant Steven Houck's Memorandum for Pre-Trial Conference this
date by depositing a copy of same in the United States mail, postage prepaid, in
Harrisburg, Pennsylvania, addressed as follows:
James P. Carfagno, Esquire
1500 JFK Blvd., Suite 200
Two Penn Center
Philadelphia, PA 19102
WIX, WENGER & WEIDNER
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Gaye ist
JANI 0 6
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02/14/2003 FRI 17:41 FAY
Weber Gallagher Simpson Stapleton Fires & Newby, LLP
BY: John M. Clark
Attorney Id. No.: 72652
1811 Chestnut St., Suite 600
Philadelphia, PA 19103
Attorney for Plaintiff
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA as Subrogee of
Carl Pederson
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff(s)
V.
Steven M. Houck
523 W_ Lisburn Road
Mechanicsburg, PA 17055-5830
And
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Docket No.: 99-4435
lit 002/019
We- Ur i ?
Wvk, Brief Summary of the Caee
This litigation arises out of a major fire occurring on July 23, 1997 at Tau
Kappa Epsilon fraternity house located at 11 Britton Road, Shippensburg,
Pennsylvania which was insured by Plaintiff under policy no.: 612180-97-0
effective from 02/12/97 to 02/12/98. Said fire destroyed most of the house and
contents therein. At the time of the fire, Defendants, Houck and Spicer were
tenants at the loss location on July 23, 1997.
02/14/2003 FRI 17:41 FAX 0003/019
,f The major fire was caused by the re-kindling of a small fire occurring a few
hours prior. The small fire occurred when defendants, James Spicer and/or
Steven Houck recklessly placed the bed on top of the electrical cord leading to
the window air conditioning unit located within the bedroom. Defendant, Spicer
turned on the window air conditioning unit prior his air conditioner to going to
sleep. Defendant, Spicer was awakened by a small fire located on his mattress.
Defendants Spicer and Houck attempted to extinguish the fire by pouring water
from a dog bowl onto the fire. Defendants negligently did not inform the proper
authorities of the fire. Said defendants left the burning and/or burnt bedding ir,
the room. Said Defendants proceeded to remove the batteries from the smoke
detecting devices within the premises in order to prevent the alarm from
sounding. The two Defendants thereafter moved to Houck's room to return to
sleep. Thereafter, the fire re-kindled in the mattress where it originally Ignited
causing a major fire to the premises.
II. Statement of Issues
Negligent actions of Defendants, Steven Houck and/or James
Spicer by recklessly placing bed on top on electrical cord leading to L ""-
window air conditioning unit.
2. Negligent actions of Defendants, Steven Houck and/or James L-001
Spicer by recklessly extinguishing original fire.
3. Negligent actions of Defendants, Steven Houck and/or James ?.
Spicer by failing to notify proper authorities of original fire.
4. Negligent actions of Defendants, Steven Houck and/or James
Spicer by negligently disabling smoke detecting device located
within premises.
02/14/2003 FRI 17:41 FAX IZO04/019
5. Breach of contract by Defendant, Steven Houck by way of
breaching lease agreement by causing damage to property of
Plaintiff.
6. Breach of contract by Defendant, James Spicer by way of
breaching lease agreement by causing damage to property of
Plaintiff.
III. Stipulations
None
IV. Witnesses
1. Steven Houck
2. James Spicer
3. Barry K. White/UBA. Fire & Explosion Investigators
4. John W. Noblet, UBA Fire & Explosing Investigators
3. Any and all investigating officials including members of fire department
and police department.
V. Exhibits
Damage Estimates
Lease Agreement
UBA Investigative Report
VI. Damages
Plaintiff suffered damages In the am nt of $102,738.04.
VII. Statement of Any Objections or Evidentiary roblems to be Resolved
Prior to Trial
Plaintiff is not aware of any issues to be resolved at the present time.
VIII. Special Requests
None
IX. Best Offer of Settlement Authorized by Client
Plaintiff has made no offer of settlement since the fire was caused by
Defendants, Steven Houck and/or James Spicer's negligence and/or
recklessness.
02/14/2003 FRI 17:41 FAIL
X. Estimated Time Needed for Trial
One to two days.
Dated: Weber Gallagher Simpson Stapleton Fires &
Newby. L
Attorney for
r
005/019
02/14/2003 FRI 17:41 FLY
® 008/019
CERTIFICATE OF SERVICE
I, Terri Enright, Legal Assistant to John M. Clark, Esquire, hereby certify as
follows: I am employed by Weber Gallagher Simpson Stapleton Fires & Newby,
LLP counsel for plaintiff and on the below referenced date I mailed a copy of the
attached pleadings by facsimile and regular mail to the following counsel and/or
parties:
Wix Wenger & Weidner
Richard H. Wiz, Esquire
4705 Duke St.
Harrisburg, PA 17109
Dated: / y-O 3
erri Enrig t,
Legal Assistant to John M. Clark, Esquire
INSURANCE PLACEMENT
FACILITY OF PENNSYLVANIA,
as subrogee of Carl Pederson,
Plaintiff
V.
STEVEN M. HOUCK, and
JAMES E. SPICER,
Defendants
IN THE COURT OF COMMO a22
N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4435 CIVIL TERM
RRETRIAL CONFERENCE
AND NOW, this 19th day of February, 2003, before
Edgar B. Bayley, Judge, present for the plaintiff was Patricia
Corll, Esquire. Trial counsel for plaintiff will be John M.
Clark, Esquire. Counsel for Defendant Steven M. Houck is
Richard H. Wix, Esquire. Defendant James E. Spicer has not
entered an appearance. The default judgment as to liability
has been entered against Spicer.
This case arises out of a fire that occurred at the
Tau Kappa Epsilon fraternity house in Shippensburg on July 23,
1997. Defendants Spicer and Houck lived in separate rooms in
the fraternity. Spicer allegedly placed a bed on top of an
electrical cord leading to a window air-conditioning unit in
his room. He was in bed with the air-conditioner that was
running when a fire emanating from the electrical cord started
to burn his mattress. Spicer got Defendant Steven Houck, who
was in his own room, to help put out the fire by pouring water
on it. Defendants are alleged to have gone to bed in Houck's
room after removing batteries from a smoke detector in order to
prevent the alarm from sounding. The fire rekindled in the
mattress in Spicer's room resulting in damage to the building
in the amount of $102,738.04. Plaintiff, Insurance Placement
Facility of Pennsylvania, seeks recovery of this amount as a
subrogee of the property owner.
Defendants allegations of negligence are as follows:
1. Placing the bed on top of an electrical cord
leading to a window air-conditioning unit that was in
operation.
2. Failing to extinguish the original fire.
3. Failing to notify the proper authorities of the
original fire.
4. Disabling the smoke detector.
Defendant Houck denies liability and causation. If
the jury finds liability on Houck, they will determine damages
as to Houck and Spicer. If the jury finds no liability on
Houck, they will determine damages as to Spicer.
Trial counsel shall file a succint trial brief with
the trial judge at the commencement of trial on the issues of
liability and causation. Counsel shall also provide the trial
judge with points for charge on liability and causation.
Estimated time of trial, two days.
By the Court
11 Edgar B. Bay ey, J.
John M. Clark, Esquire
For Plaintiff
Richard H. Wix, Esquire
For Defendant Steven M. Houck
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#22
INSURANCE PLACEMENT
FACILITY OF PENNSYLVANIA,
as subrogee of Carl Pederson,
Plaintiff
V.
STEVEN M. HOUCK and
JAMES E. SPICER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4435 CIVIL TERM
PRETRIAL CONFERENCE
AND NOW, this 18th day of June, 2003, before Edgar B.
Bayley, Judge, present for the Plaintiff was Patricia Corll,
Esquire, and for Defendant Steven M. Houck, Richard H. Wix,
Esquire. Defendant James E. Spicer has not entered an
appearance.
The case is ready for trial and should take one and a
half to two days. A pretrial conference memo of February 19,
2003, sets out the issues. The case should not be listed for
Monday but can be tried Tuesday or beyond.
By the Court,
i .\
Patricia Corll, Esquire
For Plaintiff
Richard H. Wix, Esquire
For Defendant Steven M. Houck
Edgar B. Bayley? J.
prs
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- ;;
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- i.i
INSURANCE PLACEMENT
FACILITY OF PENNSYLVANIA,
as subrogee of Carl Pederson,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4435
V.
STEVEN M. HOUCK and
JAMES E. SPICER,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT STEVEN HOUCK'S
MEMORANDUM FOR PRE-TRIAL CONFERENCE
1. Brief Summary of the Case
This litigation arises out of a fire that occurred on July 25, 1997 at 11 Britton
Road, Shippensburg, Pennsylvania. Defendants were two of a number of tenants who
resided at the property owned by Dr. Carl Pederson. At the time of the fire, the two
Defendants were the only occupants of the building.
On the night of the fire Defendant Houck was awakened by the smoke alarm.
¦
The smoke alarm was located in the room occupied by Defendant Spicer. Apparently
the sheets on Mr. Spicer's mattress caught on fire due to an electrical defect associated
with the air conditioner. When Mr. Houck entered Mr. Spicer's room, the fire had
already been put out by Mr. Spice The cord to the air conditioner was unplugged, and
as far as Mr. Houck could tell Mr. Spicer had extinguished the fire. At that point Mr.
Houck felt that it was safe enough to go back to bed, which he did. Later in the evening,
another fire broke out in Mr. Spicer's room.
¦i
II. Statement of Issues
1. Negligence of Defendant Steven Houck.
2. If Defendant Houck was negligent, was his negligence a substantial factor
in bringing about the Plaintiffs harm?
3. Damages
III. Stipulations
None.
IV. Witnesses
1. Steven Houck
V. Exhibits
None
VI. Damages
See Plaintiff's Pre-Trial Memorandum.
VII. Statement of Any Objections or Evidentiary Problems to be Resolved Prior
to Trial
Defendant is not aware of any unusual evidentiary issues to be resolved.
VIII. Special Requests
None.
IX. Best Offer of Settlement Authorized by Client
Defendant has made no offer of settlement since the fire was electrical in nature
and Defendant Houck had nothing to do with the starting of either fire.
2
X. Estimated Time Needed for Trial
1 1/2 days
Respectfully submitted,
WIX, WENGER & WEIDNER
Richard H. Wix, Esq., ID# 07274
Attorneys for Defendant Houck
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 02/14/03
CERTIFICATE OF SERVICE
AND NOW, this 14'hday of February, 2003, I, Gaye Crist, an employee of the
firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the
within Defendant Steven Houck's Memorandum for Pre-Trial Conference this date by
depositing a copy of same in the United States mail, postage prepaid, in Harrisburg,
Pennsylvania, addressed as follows:
The Honorable Edgar B. Bayley
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
and by facsimile to:
John M. Clark, Esquire
1500 JFK Boulevard, Suite 200
Two Penn Center
Philadelphia, PA 19102
(215) 923-5076
WIX, WENGER & WEIDNER
Gaye C list
02/13/2003 FRI 17:41 FAX
Weber Gallagher Simpson Stapleton Fires & Newby, LLP
By: John M. Clark
Attorney Id. No.: 72652
1811 Chestnut St., Suite 600
Philadelphia, PA 19103
Attorney for Plaintiff
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA as Subrogee of
Carl Pederson
Plaintiff(s)
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
And
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
1. Brief Summary of the Case
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Docket No.: 99-4435
This litigation arises out of a major fire occurring on July 23, 1997 at Tau
Kappa Epsilon fraternity house located at 11 Britton Road, Shippensburg,
Pennsylvania which was insured by Plaintiff under policy no.: 612180-97-0
effective from 02/12/97 to 02/12/98. Said fire destroyed most of the house and
contents therein. At the time of the fire, Defendants, Houck and Spicer were
tenants at the loss location on July 23, 1997.
11002 01
02%14/2007 FRI 17:41 FAX
The major fire was caused by the re-kindling of a small fire occurring a few
hours prior. The small fire occurred when defendants, James Spicer and/or
Steven Houck recklessly placed the bed on top of the electrical cord leading to
the window air conditioning unit located within the bedroom. Defendant, Spicer
turned on the window air conditioning unit prior his air conditioner to going to
sleep. Defendant, Spicer was awakened by a small fire located on his mattress.
Defendants Spicer and Houck attempted to extinguish the fire by pouring water
from a dog bowl onto the fire. Defendants negligently did not inform the proper
authorities of the fire. Said defendants left the burning and/or burnt bedding in
the room. Said Defendants proceeded to remove the batteries from the smoke
detecting devices within the premises in order to prevent the alarm from
sounding. The two Defendants thereafter moved to Houck's room to return to
sleep. Thereafter, the fire re-kindled in the mattress where it originally ignited
causing a major fire to the premises.
II. Statement of Issues
Negligent actions of Defendants, Steven Houck and/or James
Spicer by recklessly placing bed on top on electrical cord leading to
window air conditioning unit.
2. Negligent actions of Defendants, Steven Houck and/or James
Spicer by recklessly extinguishing original fire.
3. Negligent actions of Defendants, Steven Houck and/or James
Spicer by failing to notify proper authorities of original fire.
4. Negligent actions of Defendants, Steven Houck and/or James
Spicer by negligently disabling smoke detecting device located
within premises.
10003 01>
02/14/2003 FRI 17:41 FAX
5. Breach of contract by Defendant, Steven Houck by way of
breaching lease agreement by causing damage to property of
Plaintiff.
6. Breach of contract by Defendant, James Spicer by way of
breaching lease agreement by causing damage to property of
Plaintiff.
III. Stipulations
None
IV. Witnesses
1. Steven Houck
2. James Spicer
3. Barry K. White/UBA Fire & Explosion Investigators
4. John W. Noblet, UBA Fire & Explosing Investigators
3. Any and all investigating officials including members of fire department
and police department.
V. Exhibits
Damage Estimates
Lease Agreement
UBA Investigative Report
VI. Damages
Plaintiff suffered damages in the amount of $102,738.04•
VII. Statement of Any Objections or Evidentiary Problems to be Resolved
Prior to Trial
Plaintiff is not aware of any issues to be resolved at the present time.
VIII. Special Requests
None
IX. Best Offer of Settlement Authorized by Client
Plaintiff has made no offer of settlement since the fire was caused by
Defendants, Steven Houck and/or James Spicer's negligence and/or
recklessness.
10004 01t
02/13/2003 FRI 1T:41 F.31
X. Estimated Time Needed for Trial
One to two days.
Weber Gallagher Simpson Stapleton Fires &
Newby, LLB
Dated: Attorney for Plaintiff
X1005 019
02/14/2003 FRI 17:41 FAX
CERTIFICATE OF SERVICE
I, Terri Enright, Legal Assistant to John M. Clark, Esquire, hereby certify as
follows: I am employed by Weber Gallagher Simpson Stapleton Fires & Newby,
LLP counsel for plaintiff and on the below referenced date I mailed a copy of the
attached pleadings by facsimile and regular mail to the following counsel and/or
parties:
Wix Wenger & Weidner
Richard H. Wix, Esquire
4705 Duke St.
Harrisburg, PA 17109
Dated: IV-0 3
err! Enrig t,
Legal Assistant to John M. Clark, Esquire
(6006 01E
I1
JUN 0 4 2003 !T
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
INSURANCE PLACFM ENT FACILITY
OF PENNSYLVANIA, as Subrogee of Docket No.: 99-4435
Carl Pederson,
Iless, J.
Plaintiff(s)
V.
STEVEN M. HOUCK
523 W. Lisburn Road
Mechanicsburg, PA 17055-5330
And
JACK JOSEPH SPICER
C/O Cumberland County Prision
1101 Claremont Road
Carlisle, PA 17013
Defendants
PLAINTIFF'S INSURANCE PLACEMENT FACILITY OF PENNSYLVANIA A/S/O
CARL PEDERSON SUPPLEMENTAL. PRE-TRIAL STATEMENT
AND NOW, comes the Plaintiff, by and through its counsel, Patricia Haas Corll, Esquire,
and Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP, and files the following
Supplemcnlal Pre-Trial Statement pursuant to Pennsylvania Rule of Civil Procedure 212.2 and
Cumberland County Local Rule 212-4.
IV. WITNESSES
Representative/Records Custodian
Insurance Placement Facility of Pennsylvania
530 Walnut Street
Philadelphia, PA 19106
Representative/Records Custodian
McShea Associates
47 Marchwood Road, Suite 2A-1 I
Exton, PA 19341
Carl J. Natale
President
UBA Fire & Explosion Investigators
2373 Forest Hills Drive
P.O. Box 6565
Harrisburg, PA 17112
4. Corporal Nolan E. Brubaker
Pennsylvania State Police
Carlisle, PA
5. Gregg Coy
Shippensburg Fire Department
Shippensburg, PA
6. Representative/Records Custodian
Alex R. Szeles, Inc.
5110 Lancaster Street
Harrisburg, PA 17111
Dr. Carl Pederson
218 North Main Street
Mercersburg, PA 17238
8. Any and all investigating officials, including members of the fire
departments and the police departments who responded to the subject
property in connection with the fire on July 23, 1997.
9. Any and all witnesses listed by Defendants.
V. EXHIBITS
1. Damage estimates
2. Lease Agreements
3. UBA Investigative Report
4. Police Report
5. Investigative Notes, etc.
6. Fire Marshall Investigative Notes, etc.
7. Depositions and discovery items produced during discovery on this case.
8. Witness Statements
The Plaintiffs hereby reserve the right to call any individuals identified in any Pre-trial
Statement of other parties or Interrogatories or answers thereto, Requests for Production of
Documents or responses thereto, depositions or any other discovery documents produced by the
parties or filed of record in this action.
This Plaintiff reserves the right to offer any additional evidence which may be
discovered and/or disclosed before trial and to amend or supplement this Pre-Trial Statement up
to and including the time of trial pursuant to Local Rule 212-4 etc.
Respectfully submitted,
WEBER QALLAGUER SIMPSON STAPLETON
Patr' a71aas CoW squire
P . upreme Co rt I.D. No.: 59238
800 orth Third treet, 2nd Floor
//Ha o
PA 17102
Phone: 717.237.6940
Fax: 717-237-6949
Counsel for Plaintiff
Dated: June 3, 2003
3
CERTIFICATE OF SERVICE
1, Patricia Haas Corll, Esquire, hereby certify that I am this day serving a copy of the
foregoing Amended Pre-Trial Statement via U.S. First Class Mail, upon the below persons(s)
which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure.
June 3, 2003
Richard Wix, Esquire
Wix Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17100
>x.
INSURANCE PLACEMENT
FACILITY OF PENNSYLVANIA,
as subrogee of Carl Pederson,
Plaintiff
V.
STEVEN M. HOUCK and
JAMES E. SPICER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4435
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT STEVEN HOUCK'S
MEMORANDUM FOR PRE-TRIAL CONFERENCE
1. Brief Summary of the Case
This litigation arises out of a fire that occurred on July 25, 1997 at 11 Britton
Road, Shippensburg, Pennsylvania. Defendants were two of a number of tenants who
resided at the property owned by Dr. Carl Pederson. At the time of the fire, the two
Defendants were the only occupants of the building.
On the night of the fire Defendant Houck was awakened by the smoke alarm.
The smoke alarm was located in the room occupied by Defendant Spicer. Apparently
the sheets on Mr. Spicer's mattress caught on fire due to an electrical defect associated
with the air conditioner. When Mr. Houck entered Mr. Spicer's room, the fire had
already been put out by Mr. Spicer. The cord to the air conditioner was unplugged, and
as far as Mr. Houck could tell Mr. Spicer had extinguished the fire. At that point Mr.
Houck felt that it was safe enough to go back to bed, which he did. Later in the evening,
another fire broke out in Mr. Spicer's room.
II. Statement of Issues
1. Negligence of Defendant Steven Houck.
2. If Defendant Houck was negligent, was his negligence a substantial factor
in bringing about the Plaintiffs harm?
3. Damages
III. Stipulations
None.
IV. Witnesses
1. Steven Houck
V. Exhibits
None
Vi. Damages
See Plaintiffs Pre-Trial Memorandum.
VII.
Defendant is not aware of any unusual evidentiary issues to be resolved.
VIII. Special Requests
None.
IX. Best Offer of Settlement Authorized by Client
Defendant has made no offer of settlement since the fire was electrical in nature
and Defendant Houck had nothing to do with the starting of either fire.
2
X. Estimated Time Needed for Trial
1 1/2 days
Respectfully submitted,
WIX, WENGER & WEIDNER
l?
By It
Richard H. Wix, Esq., ID# 07274
Attorneys for Defendant Houck
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: 02/14/03
CERTIFICATE OF SERVICE
AND NOW, this 14th day of February, 2003, I, Gaye Crist, an employee of the
firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the
within Defendant Steven Houck's Memorandum for Pre-Trial Conference this date by
depositing a copy of same in the United States mail, postage prepaid, in Harrisburg,
Pennsylvania, addressed as follows:
The Honorable Edgar B. Bayley
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
and by facsimile to:
John M. Clark, Esquire
1500 JFK Boulevard, Suite 200
Two Penn Center
Philadelphia, PA 19102
(215) 923-5076
WIX, WENGER & WEIDNER
Gaye Crist
COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
No. YV-
and
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Civil Action
NOTICE TO DEFEND
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa
717-249-3166
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
530 Walnut Street-Philadelphia, PA
19106
No 99- yv3s da _r'".
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
-and-
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Civil Action
COMPLAINT
Plaintiff, INSURANCE PLACEMENT FACILITY OF PENNSYLVANIA as Subrogee of Carl
D. Pedersen (the "Insured") by and through its undersigned counsel avers as follows:
1. Plaintiff is an unincorporated non-profit association created by statute, 40 P.S.
1600.101-1600.502, Act of July 31, 1968, P.L. 738, to issue basic fire insurance policies in
the Commonwealth of Pennsylvania, and maintains a principal place of business at 530 Walnut
Street, Suite 1650 Philadelphia, Pennsylvania and is entitled by law and equity to bring this
action by virtue of an insurance payment made to Carl D. Pedersen (the "Insured") as
described in more detail below.
2. Plaintiff insured the Tau Kappa Epsilon fraternity house ("TKE House") located at
11 Britton Road, Shippensburg, Pennsylvania (the "Premises") under Policy of Insurance No
612180-97-0 effective from 02/12/97 to 02/12/98 (the "Policy"). A true and correct copy
of the declaration page of said Policy is attached as Exhibit A.
3. The defendant Jack Joseph Spicer ("Spicer") is an adult individual presently
incarcerated with an address of c/o Cumberland County Prison, l 101 Claremont Road, Carlisle,
PA 17013.
4. Defendant Steven M, Houck is an adult individual with an address of 116 North
Fayette Street, Shippensburg, PA 17257 and/or 523 West Lisburn Road, Mechanicsburg, PA
17055
5. A major fire occurred on or about July 23, 1997 at the Tau Kappa Epsilon fraternity
house, which consumed and destroyed most of the house and contents therein (the "Fire" or
"Major Fire").
6. At the time of the fire, the defendants were present in and residing at the TKE
House.
7. The Major Fire complained of herein was caused by the re-kindling of a small,
earlier fire a few hours prior.
8. The small, earlier fire occurred when defendant Spicer, turned on an air conditioner
and went to sleep. He was awakened by a small fire burning at the end of his mattress which
he attempted to extinguish. The authorities were not called. He was assisted in the
extinguishment by Steven M. Houck who was previously sleeping in another room. The two
defendants left the burning and/or burnt bedding in the room and then removed batteries from
smoke alarm(s) in the Premises before the two moved to Houck's room to return to sleep.
9. Thereafter, fire re-kindled in the mattress which set surrounding consumables on
fire, igniting the Major Fire to the premises. The Major Fire engulfed the entire premises;
whereupon defendants finally awoke and escaped to safety through a window. A dog also
escaped the Fire with the defendants.
10. Pursuant to the Policy of Insurance, the Facility paid its Insured $102,238.04 in
partial indemnity for the reasonable actual cash value damages arising out of the Fire. By
-2-
virtue of its payment, the Facility became subrogated to the rights of its Insured and is entitled
by law and equity to proceed herein.
COUNTI
NEGLIGENCE
Insurance Placement Facility of Pennsylvania as subrogee of
Carl D. Pedersen v. Jack Joseph Spicer and Steven M. Houck
1 1. The foregoing paragraphs No. 1 through 10 are incorporated herein by reference.
12. The defendants owed a duty to the building owner, Carl Petersen, to use
reasonable precautions to guard against the outbreak of fire.
13. The defendants breached that duty and were careless and/or negligent in the
following, but not limited to, manner:
by:
a). failing to reasonably, competently, prudently and/or fully extinguish the first
fire;
b). failing to report the first fire to the fire department;
c). failing to inspect the mattress for internal burning or heat build-up or deep-
seated fire within the mattress after the first, small fire;
d). failing to properly remove the subject mattress from the house after the first
fire so as to prevent the foreseeable outbreak of a second catastrophic fire in
the foreseeable event of re-kindling;
e). Removing the batteries for and/or otherwise disabling the smoke/heat
detectors and/or certain smoke/heat detector(s) in the Premises which would
cause a re-kindled fire to burn unnoticed with foreseeable catastrophic
consequences before it could be discovered by the defendants who were
sleeping in a remote location with doors shut;
f). failing to take other reasonable precautions after the discovery of the first,
small fire which the defendants knew or should have known would foreseeably
-3-
cause the rekindling of fire and ensuing Major Fire;
all of which foreseeably, proximately and directly caused the ignition and spread of the Major
Fire which substantially destroyed the Premises.
14. The damages sustained by the Insureds arising out of the Fire total at least
$102,738.04. The Facility paid its Insureds the Policy amount of $102,738.04 in partial
indemnity for the actual cash value damages sustained by the Insureds due to the Fire.
WHEREFORE, the Insurance Placement Facility of Pennsylvania as subrogee of Carl
D. Pedersen request judgment jointly and severally against the Defendants in the amount of
$102,738.04 plus interest and costs.
COUNT II
BREACH OF CONTRACT
Insurance Placement Facility of Pennsylvania as subrogee of Dr. Carl D. Pedersen v. James
E. Spicer and Steven M. Houck
15. The foregoing paragraphs No. 1 through 14 are incorporated herein by reference.
16. The defendants breached their Leases (attached as Exhibit B and Exhibit C hereto)
with the plaintiff's insured, Carl Petersen, by causing the Premises to burn, causing damage.
17. The following acts of negligence and carelessness constitute breaches of the
Leases of (See 16 ("Repeated Damage"); 18 ("Due car/Appliances")):
a). failing to reasonably, competently, prudently and/or fully extinguish the first
fire;
b). failing to report the first fire to the fire department;
c). failing to inspect the mattress for internal burning or heat build-up or deep-
seated fire within the mattress after the first, small fire;
d). failing to properly remove the subject mattress from the house after the first
fire so as to prevent the foreseeable outbreak of a second catastrophic fire in
the foreseeable event of re-kindling;
4-
e). Ramoving the batteries for and/or otherwise disabling the smoke/heat
detectors and/or certain smoke/heat detector(s) in the Premises which would
cause a re-kindled fire to burn unnoticed with foreseeable catastrophic
consequences before it could be discovered by the defendants who were
sleeping in a remote location with doors shut;
f1. failing to take other reasonable precautions after the discovery of the first,
small fire which the defendants knew or should have known would foreseeably
cause the rekindling of fire and ensuing Major Fire;
all of which foreseeably, proximately and directly caused the ignition and spread of the Major
Fire which substantially destroyed the Premises.
18. The defendants' above acts constitute breach(es) of the express and/or implied
provisions of the lease between the defendants and Petersen which directly caused damages
of at least $102,738.04 to the premises.
19. Despite demand, the defendants have failed to pay this sum and are legally liable
for said payment.
WHEREFORE, the Insurance Placement Facility of Pennsylvania as subrogee of Carl
D. Pedersen request judgment jointly and severally against the Defendants in the amount of
$102,738.04 plus interest and costs.
Mark J Wollman, Esq.
Attorn y for Plaintiff
law omm or
Mark J. Wollman
Alty I.D. No. 57127
Suite 70034
The Pavilion
261 Old York Road
Jenkintown, PA 19046
(215)887.3505
-5-
Verification
1, Mark Wollman, authorized representative of the plaintiff here hereby
state the statements made herein are true and correct to the best of my
knowledge, information and belief. I am aware that this is made under the
penalties of 18 PA C.S.A. section 4904 relating to unsworn falsification to
authorities.
ark W man
Date; July 21, 1999
_?,. Lut PLACEMENT FACILITY OF PENNSYLVANIA
A LIST OF THE COMPANIES AND THEIR PERCENTAGE PARTICIPATION IS ON FILE AT THE
INSURANCE DEPARTMENT IN HARRISBURG AND A COPY N1AY DE OBTAINED AT THE FACILITY OFFICE.
DECLARATIONS
NA.V.EO INSURED NAILING ADDRESS •;,,: y .,?, • r'
'I- T
pry ;: C. L'Pr :', Ci'-tii •_: I>;= .''e::;::: ? ??... .. .. ,.. •r... ..
POLICY NO. PFP, _ •. ..,. •..
RENEWAL
c ,,? - 0'2r l i{i TERM
RENEWAL DATE IMIA Ow yr.; EXPIRATION IIb Gw ye,
NOON STANDARD THE NOON STANDARD TIME (YEAR .._i.. •. fM.. ,.;..•:.. cl, ', 7'c We will provide insurance described in this policy in return for the premium and cor..piiance with all applicable provisions of this policy. It we offer to renew this policy, the
premium must be paid in advance of the above expiration dale or else this policy will expire. Upon receipt of the renewal premium and a property completed renewal application,
we will issue a renewal endorsement or new policy. This insurance applies to the Cosr:itec location, coverage for which a limit at liability is shown and pefilsinsured against for
which a premium is stated.
AMOUNT I Po.EMIL•'A OUE
„':NCB?T;CN
OF ° RATES)
'NSURANC
S.'Q;
TOTAL(S) S ""i -I
I COVERED CAUSES OF
CSS
? FIRE. LIGHTNING, AND EXPLOSION
WIND. HAIL. SMCNE, AIRCRAFT OR
? VEHIC'.ES, RIOT OR CML COMMOTION.
SINNHOL: COLLAPSE, VOLCANIC ACTION.
11
1 UMR OF PERCENT OF OESCRIPTION OF PROPERTY COVERS. 0.0CA-CN IS DESCRIBED IF DIFFERENT FROM MAIL'NG AOCPES51 APPLIES ONLY
C. w5. MNO° ICO IMS RANCE FOR WHICH A LIMIT OF INSURANCE IS SHu NN. SHOW CCCUPNICY OF BUILDING COVERED CA CONTAINING THE PROPERTY COVERED.
AP "C.Ui
:iii. _. -,_ .r.. - .. ..
DEDUCTIBLE S 7::,i. •. IN CAS" OF LOSS UNDER THIS PCUC-r, WE COVER ONLY T HAT PART OF THE LOSS OVERT HE DEDUCTIBLE STATED.
FORMS APPLICABLE:
. ..... ...
r PRODUCER
EXHIBIT
DATE ` AUMORIZEDR
C
C
a
C"
RESIDENTLAL LEASE AGREEMENT
THIS LEASE, made this 1st day of December, 1996 BETWEEN Dr. Carl Pedersen the
Owner, ImPN - S ' e (hereinafter whether
one or more, referred to "Resident"), jointly and severally:
WITNESSETH: That Owner hereby leases to Resident and the letter lets from the former, the
apartmendhouse designated as _ l 1 Britton Road. ShiRpensburg PA 17257 hereater called the
"premises", for the term of 1 year beginning on the 1 st day of June, 1997, and ending on the
31st day of May, 1998 , at the rent of 4 re l a ,1,:,?e d Dollars(S
annually and monthly in installments of: tya?i 4,* d°'la+
Prior to the first day of the month for which it is due
at a discounted rate of S 19`i . 00
Between the first and the fifth day of the month due
at the face value of S a 0 3
After the fifth day of the month for which it is due
at the penalty rate of S d 13 S. 4 o
This letting is upon the following terms and conditions:
1. SECURITY DEPOSIT: Resident agrees to pay Owner a security deposit of or-1
?L. J MAC n; ne1IJ ?aUr L Dollars (S ) upon signing of this agreement with receipt
herein acknowledged paid by . Resident agrees to pay the security deposit set forth
above prior to occupancy of the premises. The security deposit shall be held by Owner or Agent
as security for the payment of all rent and other amounts due from Resident to Owner or Agent,
for the Resident's performance of this lease and against any damages caused to the premises or
any other part of Owner's or Agent's property by Resident, his family and guests. Resident
understands and agrees that the security deposit may not be applied as rent or against any other
amount due from Resident to Owner or Agent without Owner's or Agent's written consent and
abatement for early vacancy by Resident Within thirty(30) days following termination of this
lease and the physical vacating of the premises by the resident, the Owner or Agent shall return
the security deposit, less any deductions from it on account of amounts owed by Resident to
Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a
forwarding address which must be furnished by Resident in Writing. Upon terminating of lease
and vacating of the premises within the terms and conditions set forth in the lease, Resident shall
return all keys and all copies of keys to Owner or Agent's office within 24 hours of such If If keys are not returned with the specified time period, Owner or Agent will have the righ
change the locks on the premises and charge such lock charge to resident.
L
2. FAILURE TO PAY:Resident agrees to pay to Owner or Agent the monthly rate set forth
above on the 30th day of each month, in advance, at the Rental Office of Owner or Agent or such
other place as Owner or Agent may from time to time request and further agrees to pay the first
and last months rent at the time of occupancy. If the rental payment is not received by the 15th of
each month (as set forth above), Owner or Agent will reserve the right to proceed with the
necessary legal authorities to collect same.
2a. CHARGES FOR RETURNED CHECKS:
1. Residents check is returned by the bank for any reason (including, but no limited to,
insufficient funds, errors on the check, and a stop-payment order), resident must pay a service
charge of $25.00 in addition to other charges set forth.
H. Resident shall replace the returned check with a money order, certified check, or cashier's
check, payable to the Owner. Owner is not required to redeposit a returned check.
III. The returned check charge and late fees are immediately due and payable as additional rent
under the terms of the lease and are considered liquidated damages for Owner's bookkeeping and
clerical expenses.
IV. If Resident's rent check is returned, Owner reserves the right to require Resident to pay
future rent by money order, certified check or cashier's check.
V. Owner reserves the right to collect all additional penalities provided by law for checks not
honored by the bank.
3. TEP01INATION: Qwner or Agent may terninate this lease without cause by giving thirty
(30) days prior written notice to Resident, but no termination by Owner or Agent without cause
may take effect during the one (1) year term of the lease.
4.SUBLETTING/USE:Resident agrees to use the premises only as the personal residence of
Resident and their children, and not to assign this lease or sublet the apartment. Resident agrees
not to alter or make additions to the premises, its painting, its fractures, and change locks without
Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice
injurious to the building, which may affect the insurance on the building, or which is contrary to
any law.
5. DRAINAGE: Resident shall not allow any hair, thread, strings, rags, sanitary napkins, or
rubbish of any kind to enter the drainage or waste pipes of the premises. Any damage caused by
the entry of one or more of such items into the drainage or waste pipes of the premises shall be
the Resident's responsibility.
6. REPEATED DAMAGE: Serious or repeated damage to the premises, any common areas or
any property of the Owner or Agent, is a violation of this lease agreement.
3-rm
7. UTILITIES: Resident understands that the equipment for
utilities to serve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid
as follows:
Heating for premises to be paid by Resident
Heating of water for premises to be paid by Resident
Electricity for premises to be paid by Resident
Gas for premises(IF APPLICABLE)
to be paid by Resident
Sewer charge to be paid by Resident
Water consumption to be paid by Resident
Trash removal to be paid by Resident
Cable Television to be paid by Resident
Telephone to be paid by Resident
Snow removal to be paid by(sidewalk) Resident
Lawn maintenace to be paid by Owner
Resident agrees to pay the bills for said utilities when due. Owner shall have no obligation to provide
utilities that are the responsibility of the Resident. In the premises where the Resident provides the heat, the
premises must be kept sufficiently heated at all times during the lease to avoid damage to the premises. In
the premises where the Resident provides the heat, the Resident may not have the heat terminated for any
reason during the lease. Resident agrees that Owner or Agent shall have the right temporarily to stop the
service of electricity, or water, or gas in the event of accident affecting the same or to facilitate repairs or
alterations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have
no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such
failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair
installations.
8. DUE CARE/ APPLIANCES: Resident agrees to use due care in the use of the premises,
the appliances therein, and all other parts or Owner's or Agent's property, to give notice to Owner or Agent
of the need for repair thereof, and to pay for all repairs to the apartment its contents and to all other carts of
members of Resident's family or his visitors Owner or Agent will make necessary repairs to the premises
and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for
repairs. The following appliances are the property of the Owner and shall not be tampered with or removed
from the premises. Any cost of repair or replacement for violation of the conditions of this lease clause shall
be the responsibility of the Resident.
RANGE: serial number
REFRIGERATOR: serial number
OTHER APPLIANCES:
9. LIABILITY FOR INJURY:Resident agrees that Owner or Agent shall not be liable for
property damage or personal injury occurring in the premises or elsewhere on Owner's or Agent's property
unless the damage or injury results directly from Owner's or Agent's negligence. '
S,L5
10. RENTERS INSURANCE: All residents are required to carry "renters insurance" for the premises
with an amount equal or greater to the value of all personal belongings of the resident.
Name Insurer amount
1.
3.
4.
5.
6.
7.
8.
11. OCCUPANCY: If, due to circumstances beyond the Owner's or Agent's control, the premises shall not
be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent
shall be abated proportionately until the premises are so ready, and Owner or Agent shall not be liable for
delay; provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident
shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the
expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy
shall be limited to such right of cancellation, neither patty shall have any further right against the other, save
the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premises prior
to the beginning of the term, such occupancy shall be subject to the terms of this lease, and Resident shall
pay prior to occupying the premises rent for the same period from the date of such occupancy to the
beginning of said term.
12. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises is damaged by fire or other casualty,
Owner or Agent shall rppair it within a reasonable time and rent shall continue unless the casualty renders
the premises untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to
the date the premises is surrendered, shall not be liable for any further rent. If only a portion of the premises
is rendered untenantable, the Resident may, with mutual agreement of Owner or Agent, alternatively choose
to continue in possession and shall thereupon be entitled to a pro-rata reduction in the amount of rent,
provided that election to proceed under this alternative shall not be a waiver of the Resident's right to
terminate the lease if repairs are not made within a reasonable time.
13. RIGHT OF ENTRY: Owner or Agent, or any person authorized by him, shall have the right to enter
the premises at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and
to show the premises to prospective residents. Reasonable times shall be defined as any time when the
Owner or Agent has given the Resident at least a 24 hour notice by telephone or in writing, however, such
notice shall not be required in the case of emergency or upon the Resident's request for maintenance work to
be completed.
14. PREMISES DESCRIBEWPROPERTY USE:This lease confers no rights on Resident to use for
any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased,
J..r•5
except the walks and roadways giving access thereto and such other areas, if any, as Owner or Agent may
from time to time designate for the use of residents. When the use by Resident of any other portion of
Owner's or Agent's property is permitted, it shall be subject to the rules and regulations established by
Owner or Agent.
15, FAILURE TO PAY RENT/DEFAULT: If Resident shall fail to pay rent, or any other sum, to
Owner or Agent when due; shall default in any other provisions of this lease; or shall remove or attempt to
remove his possessions from the premises before paying to Owner or Agent all rent due to the end of the
lease term, Owner or Agent, in addition to all other remedies by law, may:
(a) discontinue utility service provided by owner;
(b) terminate this lease;
(c) bring an action or recover possession of the premises;
(d) bring an action to recover the whole balance of the rent and other charges due herein
under, of whatever kind and nature, together with any and all consequential damages caused by Resident's
default, including reasonable attorney's fees and/or fees charged by Owner or Agent and any court costs and
subsequent fees for the procurement of a State Constable and/or County Sheriff.
16. PETS: No Pets Allowed, Even Temporarily. No pets are allowed, even temporarily, anywhere in the
apartment, or apartment community. Residents must advise guests of this policy so they can make other
arrangements prior to their visit. If a pet has been in a Resident's apartment, even temporarily(with or
without our consent), Resident may be charged for de-fleains, deodorizing, and/or shampooing.
17. POSSESSION: Resident agrees that all security deposits as well as the right to take possession of
the premises may be forfeited at the discretion of the owner if the resident does not take possession of the
leased premises within seven (7) days of the beginning of the lease term. Prior arrangements maybe made
with the Owner in writing prior to the first day of the lease to schedule a later possession date, however,
rent is still due from the beginning of the lease term.
IS. WAIVER OF NOTICE TO QUIT: Resident hereby waives the usual notice to quit and agrees to
surrender the premises at the expiration of said lease term, or the terminations of this lease for whatever
reasons, forfeiture or otherwise without notice from the Owner or Agent whatsoever. If proceedings shall
be commenced by the Owner or Agent to recover possession of the premises, either at the expiration of the
term or earlier termination of the lease, or for non-payment or rent, or for any other reasons, Resident
specifically waives the right to 30 days notice and to any other notice required under the Landlord and
Tenant Act and agrees that not notice whatsoever shall be required.
19. OCCU ANCY REGULATIONS HEREIN AND ATTACHED: RESIDENT AGREES THAT
HE WILL COMPLY AND PROCURE COMPLLANCE OF MEMBERS OF HIS FAIVIILY, AND HIS
GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND
WHICH ARE ATTACHED.
20. LIEN SUBORDINATION: This lease is subject and subordinate to the Gen of all mortgages now
or at any time hereinafter placed upon any part of Owner's or Agent's property which includes
the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security
S,?•3
thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination
as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in
the name of Resident.
21. 1VIUNICIPAL INSPECTIONS AND INSPECTION FEES: If the local municipality requires annual
or periodic inspections of your apartment in non-emergency situations, you have the right to:
(1) prior notice, including notice of the purpose and the subject of the inspection; and (2) proper
ideniScation from the inspector; and (3) to be present during the inspection. You also ave the right to deny
the municipal inspector access into your private residence unless a search warrant or similar legal process is
issued by a judge. Should you agree to permit the municipal inspection of your apartment, you will be
required to:
(1) make arrangements directly with the municipality. The landlord will not open your door ro permit the
municipal inspection. And,
(2) reimburse the Landlord for the inspection fee with the nest monthly rent payment. The charge for the
inspection fee is to be considered additional minimum rent. You can avoid additional rent costs by
choosing not to permit the municpal inspection. However, the Landlord will be responsible for the
inspection fee(and will not charge you) should the municipality require the inspection under the authority of
a search warrant or similar lawful process which is issued by a judge (not the municipality). To avoid the
rent charge in the amount of the inspection fee, you must provide the Landlord with a copy of the search
warrant or other legal process.
This provision does not change the inspection rights of the Landlord under paragraph 13
THIS AGREEMENT IS A LEGALLY BLNDLYG CONTRACT: IF YOU DO NOT UNDERSTAND
THIS AGREEMENT,. PLEASE CONSULT AN ATTORNEY-AT-LAW::
22. RESIDENT/JOINT AND SEVERAL LEASE AGREEIIENT:The term "Resident" used herein
shall refer collectively to all persons named above, and signing this lease as Resident, and the liability or each
such person shall be joint and several. Also signing on this lease shall be the parents or legal guardians of
resident who by signing hereafter shall be liable, jointly and severally, for the entire lease herein. Notice
given by Owner or' Agent to any person named as Resident or by any such person to Owner or Agent, shall
bind all persons signing this lease as Resident. The term "Resident" shall also refer to any persons named as
heirs, executors, administrators, successors, or the respective parries hereto as if they were in every case
named and expressed.
23. GENERAL: No oral promises, representations or agreements have been made by the owner or any
owner's representative. This lease is the entire agreement between the parties. Owner's representatives (
including management personnel and other employees or agents ) do not have authority to make promises,
representations or agreements which impose duties of security or other obligations on owner's reresentatives
unless done in writing.
S.?.S
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Resid nt
(SEAL)
Parent or Guardian
(SEAL)
Parent or Guardian
Fr«;lir1liiiliRrttwtlrr}i?4•irr#ri##;t?t;##ti#ii#i#t#i#rit4??ii}?}
(SEAL)
Resident
(SEAL)
Parent or Guardian
(SEAL)
Parent or Guardian
##w#ri!#4#t#«#r#i##•iYiYiiii?!ii!###ii#t;#rw##?liiYi4Mir4i•#i}ri};
(SEAL)
Resident
(SEAL)
Parent or Guardian
(SEAL)
Parent or Guardian
!w#iwi4#;wtii#•#;#;#!«ii#iY;i#4#4###r###Y###w#### Y#«##ii#r#Yir#?##
(SEAL)
Resident
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Parent or Guardian
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AL)
Parent or Guardian
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Intending to be, legally bound, and in consideration of the lease with the above Resident, the
undersigned, jointly and severally, hereby become surety to Owner or Agent for the performance or the lease by
Resident and guarantees payment of all sums becoming owing to Owner or Agent by Resident. This agreement
shall remain in effect throughout the term of the lease or any renewal thereof. The liability of the undersigned is
absolute, continuing and unconditional and Owner or Agent shall not be required to proceed against Resident or
invoke any other remedy before proceeding against the undersigned. Owner or Agent expressly agrees to notify
the guarantor in the event of breach or default.
SIGNATURE OF OWNER OR AGENT:
A Age
With ss
ej.E.s
RESIDENTIAL LEASE AGREEMENT
THIS LEASE, made this Ist day of December, 1996 BETWEEN Dr. Carl Pedersen the
Owner, < eueA. M 4 6 c (hereinafter whether
one or more, referred to a "Resident"), jointly and severally:
WITNESSETH: That Owner hereby leases to Resident and the letter lets from the former, the
apartmentfhouse designated as 1 l Britton Road. Shippensburg. PA 17257 hereater called the
"premises", for the term of wear beginning on the 1 st day of June, 1997, and ending on the
31 st day of May, 1998 , at the rent of A,.e w", 1._? ! I?7 ADollars(S 2S71A
)
annually and monthly in installments of:
Prior to the first day of the month for which it is due
at a discounted rate of S 194
Between the first and the fifth day of the month due
at the face value of 5 203.70
After the fifth day of the month for which it is due
at the penalty rate of S 213.40
This letting is upon the following terns and conditions:
1. SECURITY, DEPOSIT: Resident agrees to pay Owner a security deposit of
& ho r d nInef - - Dollars (S 194 ) upon signing of this agreement with receipt
herein acknowledged paid by4,-,Dav?K. Resident agrees to pay the security deposit set forth
above prior to occupancy of the premises. The security deposit shall be held by Owner or Agent
as security for the payment of all rent and other amounts due from Resident to Owner or Agent,
for the Resident's ? rformance of this lease and against any damages caused to the premises or
any other part of Owners or Agent's property by Resident, his family and guests. Resident
understands and agrees that the security deposit may not be agplied as rent or against any other
amount due from Resident to Owner or Agent without Owner's or Agent's written consent. and
that the monthly rent will be paid each month including the last month of the lease term without
abatement for early vacancv by Resident. Within thirty(30) days following termination of this
lease and the physical vacating of the premises by the resident, the Owner or Agent shall return
the security deposit, less any deductions from it on account of amounts owed by Resident to
Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a
forwarding address which must be furnished by Resident in Writing. Upon terminating of lease
and vacating of the premises within the terms and conditions set forth in the lease, Resident shall
return all keys and all copies of keys to Owner cr Agent's office within 24 hours of such v
If keys are not returned with the specified time period, Owner or Agent will have the ri EXHIBIT
change the locks on the premises and charge such lock change to resident.
6.4.
2. FAMURE TO PAY:Resident agrees to pay to Owner or Agent the monthly rate set forth
above on the 30th day of each month, in advance, at the Rental Office of Owner or Agent or such
other place as Owner or Agent may from time to time request and further agrees to pay the first
and last months rent at the time of occupancy. If the rental payment is not received by the 15th of
each month (as set forth above), Owner or Agent will reserve the right to proceed with the
necessary legal authorities to collect same.
2a. CHARGES FOR RETURNED CHECKS:
I. Residents check is returned by the bank for any reason (including, but no limited to,
insufficient funds, errors on the check, and a stop-payment order), resident must pay a service
charge of $25.00 in addition to other charges set forth.
IL Resident shall replace the returned check with a money order, certified check, or cashier's
check, payable to the Owner. Owner is not required to redeposit a returned check.
III. The returned check charge and late fees are immediately due and payable as additional rent
under the terms of the lease and are considered tiauidated damages for Owner's bookkeeping and
clerical expenses.
IV. If Resident's rent check is returned, Owner reserves the right to require Resident to pay
future rent by money order, certified check or cashier's check.
V. Owner reserves the right to collect all additional penalities provided by law for checks not
honored by the bank.
3. TE&MLYATION: Qwner or Agent may te=nate this lease without cause by giving thirty
(30) days prior written notice to Resident, but no termination by Owner or Agent without cause
may take effect during the one (1) year term of the lease.
4.SUBLETTING/USE:Resident agrees to use the premises only as the personal residence of
Resident and their children, and not to assign this lease or sublet the apartment. Resident agrees
not to alter or make additions to the premises, its painting, its fixtures, and change locks without
Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice
injurious to the building, which may affect the insurance on the building, or which is contrary to
any law.
5. DRAINAGE: Resident shall not allow any hair, thread, strings, rags, sanitary napkins, or
rubbish of any kind to enter the drainage or waste pipes of the premises. Any damage caused by
the entry of one or more of such items into the drainage or waste pipes of the premises shall be
the Resident's responsibility.
6. REPEATED DAMAGE: Serious or repeated damage to the premises, any common areas or
any property of the Owner or Agent, is a violation of this lease agreement.
SA.
7. UTILIMS: Resident understands that the equipment for
utilities to serve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid
as follows:
Heating for premises to be paid by Resident
Heating of water for premises to be paid by Resident
Electricity for premises to be paid by Resident
Gas for premises(IF APPLICABLE)
to be paid by Resident
Sewer charge to be paid by Resident
Water consumption to be paid by Resident
Trash removal to be paid by Resident
Cable Television to be paid by Resident
Telephone to be paid by Resident
Snow removal to be paid by(sidewalk) Resident
Lawn maintenace to be paid by Owner
Resident agrees to pay the bills for said utilities when due. Owner shall have no obligation to provide
utilities that are the responsibility of the Resident. In the premises where the Resident provides the heat, the
premises must be kept sufficiently heated at all times during the lease to avoid damage to the premises. In
the premises where the Resident provides the heat, the Resident may not have the heat terminated for any
reason during the lease. Resident agrees that Owner or Agent shall have the right temporarily to stop the
service of electricity, or water, or gas in the event of accident affecting the same or to facilitate repairs or
alterations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have
no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such
failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair
installations.
8. DUE CARE/ APPLIANCES: Resident agrees to use due care in the use of the premises,
the appliances therein, and all other parts or Owner's or Agent's property, to give notice to Owner or Agent
of the need for repair thereof, and to pav for all repairs to the apartment, its contents and to all other parts of
members of Resides family, or his visitors. Owner or Agent will make necessary repairs to the premises
and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for
repairs. The following appliances are the property of the Owner and shall not be tampered with or removed
from the premises. Any cost of repair or replacement for violation of the conditions of this lease clause shall
be the responsibility of the Resident.
RANGE: serial number
REFRIGERATOR: serial number
OTHER APPLIANCES:
9. LIABILITY FOR INJURY:Resident agrees that Owner or Agent shall not be liable for
property damage or personal injury occurring in the premises or elsewhere on Owner's or Agent's property
unless the damage or injury results directly from Owner's or Agent's negligence.
S•H.
10. RENTERS INSURANCE: All residents are required to carry "renters insurance" for the premises
with an amount equal or greater to the value of all personal belongings of the resident.
Name Insurer amount
1.
3.
4.
5.
6.
7.
8.
11. OCCUPANCY: If, due to circumstances beyond the Owner's or Agent's control, the premises shall not
be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent
shall be abated proportionately until the premises are so ready, and Owner or Agent shall not be liable for
delay; provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident
shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the
expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy
shall be limited to such right of cancellation, neither party shall have any further right against the other, save
the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premises prior
to the beginning of the term, such occupancy shall be subject to the terms of this lease, and Resident shall
pay prior to occupying the premises rent for the same period from the date of such occupancy to the
beginning of said term.
12. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises is damaged by fire or other casualty,
Owner or Agent shall repair it within a reasonable time and rent shall continue unless the casualty renders
the premises untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to
the date the premises is surrendered, shall not be liable for any further rent. If only a portion of the premises
is rendered untenantable, the Resident may, with mutual agreement of Owner or Agent, alternatively choose
to continue in possession and shall thereupon be entitled to a pro-rata reduction in the amount of rent,
provided that election to proceed under this alternative shall not be a waiver of the Resident's right to
terminate the lease. if repairs are not made within a reasonable time.
13. RIGHT OF ENTRY: Owner or Agent, or any person authorized by him, shall have the right to enter
the premises at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and
to show the premises to prospective residents. Reasonable times shall be defined as any time when the
Owner or Agent has given the Resident at least a 24 hour notice by telephone or in writing, however, such
notice shall not be required in the case of emergency or upon the Resident's request for maintenance work to
be completed.
14. PRENUSES DESCRIBED/PROPERTY USE:This lease confers no rights on Resident to use for
any purpose any of the property of Owner or Agent other than the interior of the apartment hereby teased,
3.4
except the walks and roadways giving access thereto and such other areas, if any, as Owner or Agent may
from time to time designate for the use of residents. When the use by Resident of any other portion of
Owner's or Agent's property is permitted, it shall be subject to the rules and regulations established by
Owner or Agent.
15. FAILURE TO PAY RENT/DEFAULT: If Resident shall fail to pay rent, or any other sum, to
Owner or Agent when due; shall default in any other provisions of this lease; or shall remove or attempt to
remove his possessions from the premises before paying to Owner or Agent all rent due to the end of the
lease term, Owner or Agent, in addition to all other remedies by law, may:
(a) discontinue utility service provided by owner;
(b) terminate this lease;
(c) bring an action or recover possession of the premises;
(d) bring an action to recover the whole balance of the rent and other charges due herein
under, of whatever kind and nature, together with any and all consequential damages caused by Resident's
default, including reasonable attorney's fees and/or fees charged by Owner or Agent and any court costs and
subsequent fees for the procurement of a State Constable and/or County Sheriff.
16. PETS: No Pets Allowed, Even Temporarily. No pets are allowed, even temporarily, anywhere in the
apartment, or apartment community. Residents must advise guests of this policy so they can make other
arrangements prior to their visit. If a pet has been in a Resident's apartment, even temporarily(with or
without our consent), Resident may be charged for de-fleaing, deodorizing, and/or shampooing.
17. POSSESSION: Resident agrees that all security deposits as well as the right to take possession of
the premises may be forfeited at the discretion of the owner if the resident does not take possession of the
leased premises within seven (7) days of the beginning of the lease term. Prior arrangements may be made
with the Owner in writing prior to the first day of the lease to schedule a later possession date, however,
rent is still due from the beginning of the lease term.
18. WAIVER OF NOTICE TO QUIT: Resident hereby waives the usual notice to quit and agrees to
surrender the premises at the expiration of said lease term, or the terminations of this lease for whatever
reasons, forfeiture or otherwise without notice from the Owner or Agent whatsoever. If proceedings shall
be commenced by the Owner or Agent to recover possession of the premises, either at the expiration of the
term or earlier termination of the lease, or for non-payment or rent, or for any other reasons, Resident
specifically waives the right to 30 days notice and to any other notice required under the Landlord and
Tenant Act and agrees that not notice whatsoever shall be required.
19. OCCUPANCY REGULATIONS HEREIN AND ATTACHED: RESIDENT AGREES THAT
HE WILL COMPLY AND PROCURE COMPLIANCE OF MEMBERS OF HIS FAMILY, AND HIS
GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND
WHICH ARE ATTACHED.
20. LIEN SUBORDINATION: This lease is subject and subordinate to the Gen of all mortgages now
or at any time hereinafter placed upon any part of Owner's or Agent's property which includes
the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security
4A
thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination
as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in
the name of Resident.
21. MUNICIPAL INSPECTIONS AND INSPECTION FEES: If the local municipality requires annual
or periodic inspections of your apartment in non-emergency situations, you have the right to:
(1) prior notice, including notice of the purpose and the subject of the inspection; and (2) proper
idenifcation from the inspector; and (3) to be present during the inspection. You also ave the right to deny
the municipal inspector access into your private residence unless a search warrant or similar legal process is
issued by a judge. Should you agree to permit the municipal inspection of your apartment, you will be
required to:
(1) make arrangements directly with the municipality. The landlord will not open your door ro permit the
municipal inspection. And,
(2) reimburse the Landlord for the inspection fee with the nett monthly rent payment. The charge for the
inspection fee is to be considered additional minimum rent. You can avoid additional rent costs by
choosing not to permit the municpal inspection. However, the Landlord will be responsible for the
inspection fee(and will not charge you) should the municipality require the inspection under the authority of
a search warrant or similar lawful process which is issued by a judge (not the municipality). To avoid the
rent charge in the amount of the inspection fee, you must provide the Landlord with a copy of the search
warrant or other legal process.
This provision does not change the inspection rights of the Landlord under paragraph 13.
THIS AGREEMENT IS A LEGALLY BENDING CONTRACT: IF YOU DO NOT UNDERSTAND
THIS AGREEMENT. PLEASE CONSULT A:N ATTORNEY-AT-LAW"
22. RESIDENT/JOINT AND SEVERAL LEASE AGREEMENT:The term "Resident" used herein
shall refer collectively to all persons named above, and signing this lease as Resident, and the liability or each
such person shall be joint and several. Also signing on this lease shall be the parents or legal guardians of
resident who by signing hereafter shall be liable, jointly and severally, for the entire lease herein. Notice
given by Owner or. Agent to any person named as Resident or by any such person to Owner or Agent, shall
bind all persons signing this lease as Resident. The term "Resident" shall also refer to any persons named as
heirs, executors, administrators, successors, or the respective parries hereto as if they were in every. case
named and expressed.
23. GENERAL: No oral promises, representations or agreements have been made by the owner or any
owner's representative. This lease is the entire agreement between the parties. Owner's representatives (
including management personnel and other employees or agents ) do not have authority to make promises,
representations or agreements which impose duties of security or other obligations on owner's reresentatives
unless done in writing.
5.9.
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Resident
(SEAL)
Parent or Guardian
(SEAT.)
Parent or Guardian
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Resident
(SEAL)
Parent or Guardian
(SEAL)
Parent or Guardian
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(SEAL)
Resident
(SEAL)
Parent or Guardian
(SEAL)
Parent or Guardian
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(SEAL.)
Resident
(SEAL)
Parent or Guardian
(SEAL)
Parent or Guardian
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Intending to be,legally bound, and in consideration of the lease with the above Resident, the
undersigned, jointly and severally, hereby become surety to Owner or Agent for the performance or the lease by
Resident and guarantees payment of all sums becoming owing to Owner or Agent by Resident. This agreement
shall remain in effect throughout the term of the lease or any renewal thereof. The liability of the undersigned is
absolute, continuing and unconditional and Owner or Agent shall not be required to proceed against Resident or
invoke any other remedy before proceeding against the undersigned. Owner or Agent expressly agrees to notify
the guarantor in the event of breach or default.
SIGNATURE OF OWNER OR AGENT:
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ROLF E. KROLL, ESQUIRE
Pa: Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
Telephone: 17171 975-8114
Attorney for:
Fax: 17171975-8124 DEFENDANT HOUCK
E-mail: rkroll(a)mareolisedelstein.com
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, AS SUBROGEE
OF CARL PEDERSEN,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL. ACTION - LAW
STEVEN M. HOUCK, and
JACK JOSEPH SPICER,
Defendants
: NO. 99-4435 CIVIL
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: The Insurance Placement Facility of Pennsylvania a/s/o Carl Pedersen, Plaintiff
c/o James P. Carfagno, Esquire
Two Penn Center - Suite 200
Philadelphia, PA 19102
YOU ARE HEREBY NOTIFIED to plead to the enclosed NEW MATTER within
twenty (20) days of service hereof, or a delhult judgment maybe entered against you.
Date: April 11, 2001
Attorney I.D. #47243
Post Office Box 932
Harrisburg, PA 17108-0932
(71.7) 975-8114
Attorney for Defendant Houck
ROLF E. KROLL, ESQUIRE
Pa: Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
Telephone: 17171975-8114 Attorney for:
Fax: 17171 975-8124 DEFENDANT HOUCK
E-mail: rkroll(o),mareolisedelstein com
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, AS SUBROGEE
OF CARL PEDERSEN,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
STEVEN M. HOUCK, and
JACK JOSEPH SPICER,
Defendants
NO. 99-4435 CIVIL
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT, STEVEN M. HOUCK,
TO PLAINTIFF'S COMPLAINT
AND NOW comes Defendant, Steven M. Houck ("Mr. Houck"), by and through his
counsel, Margolis Edelstein, a Professional Corporation, to answer Plaintiffs Complaint, as
follows:
Denied. Mr. Houck is without sufficient information to verify as to the accuracy
or inaccuracy of the averment in the corresponding paragraph of Plaintiffs Complaint, and the
same is accordingly denied.
2. Denied. This allegation of Plaintiffs Complaint refers to a writing which speaks
for itself and is the best evidence of all it contains and accordingly, no responsive pleading
thereto is required.
3. Denied. Mr. Houck is without sufficient information to verify as to the accuracy
or inaccuracy of the averment in the corresponding paragraph of Plaintiffs Complaint, and the
same is accordingly denied.
4. Denied. Mr. Houck resides at 523 West Lisburn Road, Mechanicsburg,
Pennsylvania 17055.
5. Denied as stated. It is admitted that a fire occurred. After reasonable
investigation, Mr. Houck is without knowledge or information sufficient to form a belief as to
the accuracy or inaccuracy of averments contained in paragraph 5 of Plaintiffs Complaint, and
the same is accordingly denied.
6. Admitted.
7. Denied. Mr. Houck is without sufficient information to verify as to the accuracy
or inaccuracy of the averment in the corresponding paragraph of Plaintiffs Complaint, and the
same is accordingly denied.
8. Admitted in part and denied in part. It is admitted that a small fire had burned a
portion of Defendant, James Spicer's ("Mr. Spicer") bed linens. Any statement or implication
that there was any evidence that the fire was ongoing in any way, shape or form at the time Mr.
Houck returned to his own room is specifically denied. Moreover, Mr. Houck denies any
statement or implication that he played any part in the disabling of all smoke alarms.
9-10. Denied. Mr. Houck is without sufficient information to verify as to the accuracy
or inaccuracy of the averment in the corresponding paragraph of Plaintiffs Complaint, and the
same is accordingly denied.
COUNTI
NEGLIGENCE
Insurance Placement Facility of Pennsylvania as subrogee of
Carl D. Pedersen v. Jack Joseph Spicer and Steven M. Houck
11. Paragraphs 1-10 are incorporated herein by reference as though fully set forth in
full.
12. Denied. Mr. Houck is without sufficient information to verify as to the accuracy
or inaccuracy of the averment in the corresponding paragraph of Plaintiffs Complaint, and the
same is accordingly denied.
13(a-f). Denied. This paragraph and its corresponding subparagraphs state
conclusions of law to which no responsive pleading is required and the same are therefore
denied.
14. Denied. Mr. Houck is without sufficient information to verify as to the accuracy
or inaccuracy of the averment in the corresponding paragraph of Plaintiffs Complaint, and the
same is accordingly denied.
WHEREFORE, Defendant, Steven M. Houck, demands judgment in his favor and
against Plaintiff with costs accrued assessed to Plaintiff.
COUNT II
BREACH OF CONTRACT
Insurance Placement Facility of Pennsylvania as subrogee of
Dr. Carl D. Pedersen v. James E. Spicer and Steven M. Houck
15. Paragraphs 1-14 are incorporated herein by reference as though fully set forth in
full.
16. Denied. This allegation of Plaintiffs Complaint refers to a writing which speaks
for itself and its best evidence of all of it contains and accordingly, no responsive pleading
thereto is required. By way of further answer, this allegation of Plaintiffs Complaint sets forth a
conclusion of law to which no responsive pleading is required and the same is therefore denied.
17(a-0. Denied. This paragraph and its corresponding subparagraphs set forth
conclusions of law to which no responsive pleading is required and the same are therefore
denied.
18-19. Denied. This allegation of Plaintiffs Complaint constitutes a conclusion of law to
which no responsive pleading is required and the same is therefore denied.
WHEREFORE, Defendant, Steven M. Houck, demands judgment in his favor and
against Plaintiff with costs accrued assessed to Plaintiff.
NEW MATTER
20. Paragraphs 1-19 are incorporated herein by reference as though fully set forth in
full.
21. Plaintiff has failed to state a claim upon which relief can be granted.
22. Plaintiffs claims are barred by the doctrines of contributory and comparative
negligence.
23. Plaintiffs claims are barred by the doctrine of assumption of risk.
24. Mr. Houck was confronted with a sudden emergency not of his own creation to
which he responded reasonably under the circumstances.
25. Plaintiffs claims are barred by the applicable statute of limitations.
WHEREFORE, Defendant, Steven M. Houck, demands judgment in his favor and
against Plaintiff with costs accrued assessed to Plaintiff.
NEW MATTER PURSUANT TO Pa.R C P 2252(d)
26. Plaintiffs Complaint and Mr. Houck's answers thereto are incorporated by
reference as though set forth in full.
27. In Plaintiffs Complaint, Plaintiff asserts a claim of negligence against Mr. Spicer
and Mr. Houck, which claims are specifically denied with respect to Mr. Houck.
28. In the event Mr. Houck and Mr. Spicer are determined to be jointly and severally
liable, Mr. Houck hereby asserts that Mr. Spicer is alone liable to Plaintiff or is liable over to Mr.
Houck or is jointly or severally liable to Plaintiff for the reasons set forth in Plaintiffs
Complaint.
29. These allegations are made exclusively for the purpose of protecting Mr. Houck's
right to indemnification and contribution.
WHEREFORE, Defendant, Steven M. Houck, demands judgment in his favor and
against Plaintiff with costs accrued assessed to Plaintiff.
Respectfully submitted,
MARGOLIS ELSTEIN
By:
Rolf .I{rol squire
Attorney I.D. #47243
Post Office Box 932
Harrisburg, PA 17108-0932
(717) 975-8114
Attorney for Defendant Houck
VERIFICATION
I, Rolf E. Kroll, Esquire, counsel for Steven M. Houck, do verify, under penalty of
perjury and subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom
falsifications to authorities, that the facts set forth in the foregoing Answer with New Matter to
Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief at
this time and that I am authorized to execute this Verification on my client's behalf.
CERTIFICATE OF SERVICE
I, Jessica Brady, an authorized representative of Margolis Edelstein, hereby certify that I
have served a true and correct copy of the foregoing document upon all counsel and parties of
record this ?it-"day of A I C; 1 2001, by placing the same in the United States First Class
Mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows:
James P. Carfagno, Esquire
Law Offices of John M. Clark, L.L.C.
Two Penn Center- Suite 200
Philadelphia, PA 19102
Mr. James E. Spicer
116 North Fayette Street
Shippensburg, PA 17257
By:
Jessica Brady
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INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, AS SUBROGEE
OF CARL PEDERSEN,
Plaintiff
V.
STEVEN M. HOUCK, and
JAMES E. SPICER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4435 CIVIL
JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Rolf E. Kroll on behalf of Defendant Houck.
M 0 IS EDELSTEIN
By: /
R if E. of ,Esquire
Attorney I.D. #47243
Post Office Box 932
Harrisburg, PA 17108-0932
(717) 975-8114
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Richard H. Wix on behalf of Defendant Houck.
-WIX WENGER & WEIDNER, PC
Richard H. Wix, Esquire
Attorney I.D. #07274
4705 Duke Street
Harrisburg, PA 17109
(717) 652-8455
COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
No. 99-4435
and
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Civil Action
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter a default judgment in favor of plaintiff,
INSURANCE PLACEMENT FACILITY OF PENNSYLVANIA, as Subrogee of Carl
Pedersen and against JACK JOSEPH SPICER for failure to answer or
otherwise respond to the Complaint-Civil Action.
The complaint was served on the defendant on July 23, 1999 by
the Sheriff of Cumberland County. A copy of the Return of Service
of Complaint is attached as Exhibit A.
A copy of the Notice of Praecipe to Enter Default (10 day
letter) was served on the Defendant on August 18, 1999 by First
Class U.S. Mail. A copy is attached as Exhibit B.
The Affidavit of Service of the Notice of Praecipe to Enter
Default is attached as Exhibit C.
Enter a default judgment against the defendant Jack Joseph
Spicer and assess damages against the defendant in the amount of
$102,738.04, being the amount demanded in the complaint together
with costs of $45.50 ntalisaq $102-,-9-8-3-.-N plus interest.
Mark J. Wollman
Attorney for Plaintiff
gar* J. w Ol 1 wtp+.11
Law , J. e of
Mark J. Wollman
AIN I.D. N0. 57127
sufle 700.34
The Pavilion
261 Old York Road
Jenkintown, PA 19046
(215)887-3505
2
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04435 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
INSURANCE PLACEMENT FACILILTY
VS.
HOUCK STEVEN M ET AL
RICHARD SMTIH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon SPICER JACK JOSEPH the
defendant, at 8:20 HOURS, on the 23rd day of July
1999 at CUMBRLAND COUNTY PRISON 1101 CLAREMONT ROAD
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to JACK J. SPICER
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
18.00
3.10
.00 _
8.00 X77 ine, eri -
K J. WOLLMAN
07/23/1999
Sworn and subscribed to before me
this day of
19 A. D.
i ........................ ...._ .... ..............._
by
-
?\4epL Sheriff
/
0 ono ary
EXHIBIT
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNSYLVANIA
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA as subrogee of Carl
Pedersen
Plaintiff
V.
Steven M. Houck
-and-
Jack Joseph Spicer
Defendant
No. 99-4435
Civil Term
NOTICE OF PRAECIPE
TO ENTER JUDGMENT BY DEFAULT
To: Defendant Jack Joseph Spicer
Date of Notice: August 18, 1999
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT THERE YOU CAN GET
LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa EXHIBIT
717-249-3166 Q
AVISO IMPORTANTE
Usted esta en rebeldia porqu ha fallado en tomar la accion
exigida de su parte en este case. A menos de que usted actue
dentro de diez dias de la facha de este aviso, se puede registrar
una sentencia contra usted, si el benefico de una audencia y
puede perder su propiedad o derechos importantes. Usted ded
llevar este aviso a un abogado ensequida. Si usted no tiene un
abagoda y no puede pagar por los servicios de un abagado, debe
communicarse son la siguiente oficina para. averiguar donde puede
obtener ayuda 2aegal:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa
717-249-3166
Mar} J. Wol an, Esq.
Attorney for Plaintiff
Law Olllou of
Mark J. Wollman
Airy 1.0. No. 57127
SU W 700-34
The Pavilion
251 Old York Road
JenkinW Pa 19048
(215)587.7505
COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
No. 99-4435
and
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Civil Action
CERTIFICATE OF SERVICE
I, Mark J. Wollman hereby certify that a true and correct copy
of the Notice of Praecipe to Enter Default Judgment By Default was
served on the Defendant Jack Joseph Spicer at c/o Cumberland County Prison, 1101
Claremont Road, Carlisle, PA 17013, by regular first class US Mail on August
18, 1999.
Mark J. Wol man
EXHIBIT
G
COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
and
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
No. 99-4435
Civil Action
CERTIFICATION OF NON-MILITARY SERVICE
thereto.
Affiant also certifies that the address of the plaintiff is
530 Walnut Street, Ste. 1650, Philadelphia, PA 19106. I certify
that I am familiar with the penalizes of 18 Pa. C.S. section 4904
regarding unsworn falsification to authorities.
I, Mark J. Wollman, beir3 duly sworn according to law,
deposes, certifies and says that I am attorney for the plaintiff in
this matter and that the defendant Jack Joseph Spicer resides at
c/o Cumberland County Prison,1101 Claremont Road, Carlisle, PA 17013 and
that defendant is not in the Military Service of the United States,
nor any State or Territory thereof or its allies as defined in the
Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments
law a4 or
Mark J. Wollman
At le 700 3457127
The Pavilion /
261 Old York Road
Jenkintown, PA 19046 Mark J . W lman
(215) 887-3505
OFFICE OF THE. PROTHONOTARY
COURTOF COMMON PLEAS OF CUMBERLAND COUNTY
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
Curtis R. Long
Prethonotary
To: Jack Joseph Spicer
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
No. 99-4435
Civil Action
and
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment
has been entered against you in the above proceeding as indicated below.
Curtis R. Long
Prothonotary
X Judgment by Default
Money Judgment
_
-Judgment in Replevin
uw Judgment for Possession
Mark J. Wollman --
Judgment on Award of Arbitration
I.D. No. 57127
An
Se 700-34 -
Judgment on Verdict
The
261 Old PavilionYork Road _
_ Judgment on Court Findings
Jenkintown. PA 19046
(215) 887-3505 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
A'1'1'ORNEY MARK J. WOLLMAN, ESQ. at this telephone number: (215) 837-3505
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IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNSYLVANIA
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA as subrogee of Carl
Pedersen
Plaintiff
V.
Steven M. Houck
-and-
Jack Joseph Spicer
Defendant
No. 99-4435
Civil Term
ACCEPTANCE OF SERVICE
I, Rolf E. Kroll, Esq. state that I am counsel to the defendant Steven M. Houck and I
hereby accept,vice of the pla' tiff's com mt in this?att?r which was served upon me on
the day of J? / X1999. I further certify that I am
authorize accept this service. T-/
BY
for LWendant Steven M. Houck
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04435 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
INSURANCE PLACEMENT FACILILTY
VS.
HOUCK STEVEN M ET AL
RICHARD SMTIH , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT was served
upon SPICER JACK JOSEPH the
defendant, at 8:20 HOURS, on the 23rd day of July
1999 at CUMBRLAND COUNTY PRISON 1101 CLAREMONT ROAD
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to JACK J. SPICER
a true and attested copy of the NOTICE AND COMPLAINT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00 So answers:
3.10
1
8.00
$2-9.IU-0 RK J. 99LLMAN
by
Sworn and subscribed -o before me
this day of
199A.D.
----
epu y e i
roenonot-ar
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following 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 full) (check one)
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA, AS SUBROGEE OF (X ) Civil Action - Law
CARL PEDERSON
( ) Appeal from Arbitration
(Plaintiff)
VS.
STEVEN M. HOUCK and
JAMES E. SPICER
VS.
(Defendant)
(other.)
The trial list will be called on 1/7/2003
and
Trials commence on Feb. 3, 2003
Pretrials will be held on Jan. 15, 2003
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall)
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No- Civil 99-4435 19
Indicate the attorney who will try case for the party who files this praecipe:
Richard H. Wix, Esq., Wix, Wenger & Weidner, 4705 Duke St., Harrisburg, PA
7 09-3099; 717 652-8455; ID 07274 (For Defendant Houck)
Indicate trial counsel for other parties if known:
Jam c P (`=+-fagno Esg,,
1500 JFK Blvd., Suite 200, Two Penn Center, Philadelphia, PA 19102 (For
Plaintiff). Counsel unknown for Defendant James E. SDicer
This case is ready for trial. " JJII
Signed: ?A C? ?,dKS.rA ? ry.
Print Name: Richard H. Wix. Esq.
Date: ?( ova 0 2
Attorney for: Defendant Houck
C
V-'i: O Z1
O o U
INSURANCE PLACEMENT
FACILITY OF PENNSYLVANIA,
as subrogee of Carl Pederson,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4435
V.
CIVIL ACTION - LAW
STEVEN M. HOUCK and
JAMES E. SPICER, JURY TRIAL DEMANDED
Defendants
DEFENDANT STEVEN HOUCK'S ANSWER TO
PLAINTIFF'S MOTION FOR CONTINUANCE
AND NOW comes the Defendant, Steven Houck, by his attorneys, Wix, Wenger &
Weidner and files the following answer and objection to Plaintiffs Motion for Continuance.
1. Admitted.
2. Defendant is without knowledge as to whether or not the wife of Carl Natale
is suffering from cancer, however, the relevance of same is not applicable since Carl
Natale was not listed as a witness in Plaintiffs Pre-Trial Memorandum.
3. The Defendant incorporates herein by reference his answer to paragraph 2
of Plaintiffs Motion.
4. The Defendant incorporates herein by reference his answer to paragraph 2
of Plaintiffs Motion.
5. Defendant does object to the continuance of this matter for the reasons set
forth in New Matter.
NEW MATTER
6. The above-captioned matter was listed for trial at the February 2003 Term
of Cumberland County Common Pleas Court, and was continued from that trial list at
the request of Plaintiffs counsel.
7. Mr. Natale was not listed as a witness on Plaintiffs Pre-Trial
Memorandum.
8. As can be seen from a review of the UBA Investigation Report, Mr. Natale
was not at the scene of the fire, rather the UBA employees who conducted this
investigation were Barry K. White and John W. Noblet, both of whom are identified as
Plaintiffs witnesses in Plaintiffs Pre-Trial Memorandum.
Respectfully submitted,
WIX, WENGER & WEIDNER
ByC"?4
Richard H. Wix, Esq., ID# 07274
Attorneys for Defendant Houck
4705 Duke Street
Harrisburg, PA 17109-3099
(717) 652-8455
Dated: ID S 03
2
CERTIFICATE OF SERVICE
AND NOW, this 5th day of March, 2003, I, Gaye Crist, an employee of the firm
of Wix, Wenger & Weidner, attorneys for Defendant Houck, hereby certify that I served
the within Defendant Steven H ouck's Answer to Plaintiffs Motion for Continuance this
date by Richard H. Wix, Esq. hand delivering a copy addressed as follows:
The Honorable Kevin A. Hess
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
and by depositing a copy of same in the United States mail, postage prepaid, in
Harrisburg, Pennsylvania, addressed as follows:
Patricia Haas Corll, Esquire
800 North 3 d Street, Suite 200
Harrisburg, PA 17102
WIX, WENGER & WEIDNER
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UBA INVESTIGATION REPORT
FILE # 3424
THIS IS A CONFIDENTIAL AND PRIVILEGED REPORT
REPORT - I
INVESTIGATIVE REPORT
DATE
September 4, 1997
CLIENT
PENNSYLVANLA FAIR PLAN
3325 CHESTNUT STREET, SUITE 600
PHILADELPHIA. PENNSYLVANIA
SUBJECT
DOCTOR CARL PEDERSEN
LOCATION OF LOSS
• ALBUQUERQUE
• BALTIMORE
• CHARLESTON
• CLEVELAND
• ERIE
• PITTSBURGH
• WASHINGTON
r?
it BRITTON ROAD
SHIPPENSBURG, PENNSYLVANIA
CLAIM NUMBER
K7369
5490 Derry Street, P.O. Box 4022, Harrisburg, PA 17111
1.800.822-3973 (717) 564.7820 FAX (717) 564.0781
September 4, 1997
CLIENT
Pennsylvania Fair Plan
325 Chestnut Street
Philadelphia, PA 19106
ATT: Barbara Moore
Telephone: 215-629-8843
REPORT OF INVESTIGATION
Dr. Carl Pedersen
LOCATION OF LOSS
I 1 Britton Road
Shippensburg, PA 17257
OCCURRENCE
FIRE OF WEDNESDAY, XLY 23, 1997
At approximately 0400 and 0600 hours
... I
NO DEATHS OR INJURIES
Penns vlvama Fair Flan
Re: Dr. Carl Pedersen
September 1. 1997
INSURANCE INFORMATION
PENNSYLVANIA FAIR PLAN
ADJUSTER: William McCracken
McShea Associates
47 Marchwood Road, Suite 2AI I
Exton, PA
ALPHABETICAL SUBJECT INDEX
BREWBAKER, Trooper Nolan E. Fire Marshal
Pennsylvania State Police
Carlisle, PA
COY, Gregg Fire Chief
Shippensburg Fire Department
Shippensburg, PA
ENCLOSURES
Exhibit Tl - Floor Plan Diagram;
Exhibit :2 - Critical Photo Orientation Diagram.
A detailed diagram including dimensions was prepared at the scene by
Investigator Barry K. White and was redrawn for presentation by Carl J: Natale.. The
layout and dimensions are approximate.
L'BA Fire & Explosion Investigators, Inc
5191) Derry Street
Harrisburg, PA 17111 Page 3
Pennsylvania Fair Flan
Re: Dr. Carl Pedersen
September 4. 1997
SYNOPSIS
The fire scene was carefully inspected by LBA on Friday, July 25, 1997.
The fire scene examination encompassed all areas of the exterior and interior sides of the
structure. The primary area of concentrated burning occurred in the southeast portion of
the flrst floor. The Point of Origin is situated near a window-mounted air conditioner
situated in the east quadrant of a bedroom. UBA determined the fire is accidental and
ignition is attributed to electrical malfunction.
HISTORY AND CIRCUMSTANCES OF LOSS
The involved structure is a two-story, wood frame apartment building, of
approximately twenty years of age, measuring 34 feet by 56 feet in overall.-dime'n'sion -(91-
10. The exterior is covered with brick facing and a gabled asphalt-shingled roof. Wood
joists and wood floor deck surfaces are provided throughout. ;
The structure is erected on a small, open city lot, and is in good condition
with satisfactory maintenance, however, there is evidence of substandard housekeeping.
Suitable access is provided via a paved roadway in an older residential
neighborhood of Shippensburg Borough, Cumberland County, PA. The building is
utilized by tenants as residences and was occupied at the time of the occurrence.
UBA Fire & Explosion Investigators. Inc
5490 Derry Street
Harrisburg, PA 17111 Page 4
Pennsylvania Fair Flan
Re: Dr. Carl Pedersen
September 4. 1997
FIRE DISCOVERY
On Wednesday, July 23, 1997, at approximately 0400 hours a fire was
discovered by an unknown occupant who extinguished the fire and neglected to notify the
local fire department.
At approximately 0600 hours on the same date, the fire rekindled, burning
with much more intensity. An unknown occupant discovered the rekindled fire and
notified the Shippensburg Fire Department.
The firefighters under the command of Tire Chief Gregg Coy responded
in a timely manner, suppressing the blaze.
The doors and windows were closed at the time of the firefighters arrival.
A battery-operated smoke detector was present.
There were no reports of thunderstorms, or abnormal climatic
conditions.
The fire department is located approximately one mile from the fire scene.
Water suppiv (for suppression) is provided via public hydrant. The nearest structure is
approximately 150 feet distant.
Trooper Nolan E. Brewbaker, Pennsylvania State Police Fire Marshal, is
conducting an independent and parallel fire scene investigation.
UBA Fire & Explosion Investigators, Inc
5490 Derry Street
Harrisburg, PA 17111 Page 5
Pennsvlvama Fair Flan
Re: Dr. Carl Pedersen
September a. 1997
PRESENT FOR INSPECTION
The following person was present for the fire scene inspection of Friday,
July 25, 1997.
I. Barry K. White, UBA.
The following persons were present for the fire scene inspection of
Monday, July 28, 1997.
1. Barry K. White, UBA;
2. John W. Noblet, UBA.
EXTERIOR INVESTIGATION
On Friday, July 25, 1997, the initial fire scene investigation was conducted
by UBA. A subsequent fire scene investigation was conducted by UBA on Monday,
July 28, 1997.
The initial fire scene inspection was started at the exterior southeast corner
of the structure (# l ), continuing in a counterclockwise rotation until the ful perimeter was
examined. The front side (east elevation) contained a small roof over the main entrance
which revealed intense charring to the wood framework on the exterior side of the porch
roof. Windows on either side of the front porch and brick facing revealed a heavy laver of
UBA Fire & Explosion Investigators. Inc
5490 Derry Street
Harrisburg, PA 17111 Page 6
Peansvivania Fair Flan
Re: Dr. Carl Pedersen
September 4. 1997
Exterior, continued
carbon deposits. This finding indicates the fire originated at the first floor, ascending
to roof level. The window frame immediately to the left of the front porch contained the
heaviest laver of carbon deposits. Vinyl shutters which were positioned on either side of
the windows were totally consumed by tire. UBA learned a window air conditioner was
situated in this particular window. The remaining exterior perimeter sidewalls sustained
minimal fire and smoke damage. Please refer to Photographs 6 through 11. The roof was
moderately damaged as evidenced in Photograph 66.
The front, rear, and side yard areas were carefully examined and although
cluttered, yielded the air conditioner. Please refer to Photographs 94, 95, and 96.
Utilities
The building is provided with an energized 200-amp aerial electric
service entrance on the north side which was undamaged. The building is not provided
with other fuel gas or fuel oil services.
INTERIOR INVESTIGATION
The interior examination was started after entry was made into the
structure via the main entrance (east elevation) which entered into a small foyer containing
a stairway to the second floor and a doorway to the first floor family room.
UBA Fire & Explosion Investigators, Inc
5490 Derry Street Page 7
Harrisburg, PA 171 11
Pennsylvania Fair Flan
Re: Dr. Ctrl Pedersen
September 4. 1997
Basement Photographs 80 through 93
The basement, comprised of storage and utilities, was not affected by fire
activity, however, smoke and water damage was present. There is no evidence of fire
damage, however, the suspended ceiling was partially removed by firefighters seeking fire
extension. Numerous alterations of the electrical system were present. Please refer to the
attached photographs (00-93).
First Floor Photographs 14 through 53
The first floor, comprised of a kitchen, dining room, family room, foyer,
three bedrooms, and bathroom, sustained extensive fire damage. The initial fire scene
inspection revealed the primary area of concentrated burning (room of origin) was
situated in the bedroom situated in the east side of the hallway. This room of origin was
extensively fire damaged.
The initial fire scene observations found the furnishings were removed from
the family room situated in the northeast quadrant.
Point of Origin Photographs 38 through 63
The fire scene analysis revealed the Point of Origin is situated in an
electrical outlet positioned on the east wall of the room of origin. UBA recovered an air
conditioner and power supply cord that was plugged into a duplex receptacle. The air
conditioner power supply cord and duplex receptacle were recovered by the investigator
for further laboratory analysis. Fire, heat, and smoke migrated from the room of origin to
other portions of the first floor and upper levels, causing proportionately less damage as
UBA Fire & Explosion Investigators, Inc
5490 Derry Street
Harrisburg, PA 17111 Page 8
Pennsylvania Fair Plan
Rc: Dr. Carl Pedersen
September 4. 1997
Discussion / Conclusion, continued
Based on a careful and detailed investigation of the fire scene, it is the
opinion of the UBA investigators the initial Ere is accidental. The observations made at
the fire scene clearly implicate electrical malfunction as the cause of the initial fire. The
second fire. which was investigated by UBA, rekindled in the mattress as a result of
incomplete suppression of the initial fire by the apartment's occupants.
The Pennsylvania State Police Fire Marshal concurs with UBA's findings
regarding identification of the Point of Origin and cause of ignition.
UBA is discontinuing the fire scene examination at this time
Respectively submitted,
UBA FIRE & ENPLOSION INVESTIGATORS
Barry K. White
Senior Fire Investigator
John W. Noblet
Senior Fire Investigator
Licensed Master Electrician
USA Fire & Explosion Investigators, Ina
5490 Derry Street
Harrisburg, PA 17111 Page 89
Pennsvlvama Fair Flan
Re: Dr. Carl Pedersen
September a. 1997
Point of Origin. continued
the distance from the Point of Origin increases. The maximum thermal activity occurred
in the bedroom identified as the room of origin. Bum patterns, including information
learned by UBA during the investigation, supports LBA's determination regarding the
positive identification of the Point of Origin.
Excavation. Photographs 38 through 63
Excavation was required in the room of origin to access burn patterns and
search for evidence at the Point of Origin. The UBA investigator obtained photographic
illustrations prior to disturbing the Fire scene to preserve the "as-found" condition.
Subsequent to excavation, the investigator observed burn patterns situated
in close proximity to an electrical outlet on the east wall. Consumption of a portion of a
mattress situated at the foot of a bed was also positioned in close proximity to the Point of
Origin. The predominant bum pattems in the room of origin were present on the bed and
east wall of the first floor bedroom. Please refer to Photographs 38 through 63.
Electrical
UBA carefully examined all electrical outlets, appliances, and fluorescent
light fixtures (that had fallen to floor of the hallway) for unusual electrical activity,
however, none were present. LBA eliminated all known causes of ignition, except
electrical malfunction occurring in the area of the receptacle where the air conditioner's
power supply cord was energized. The air conditioning unit, later identified as an
Emerson Radio Phonograph Company air conditioner and power supply cord, was given a
UBA Fire & Explosion Investigators. Inc
5490 Derr v Street
Harrisburg, PA 17111 Page 9
Pernsvlvania Fair Flan
Re: Dr. Carl Pedersen
September 4. 1997
Electrical continued
preliminary examination at the scene. The plug on the power supply cord revealed
unusual electrical activity, consisting of beading on the copper wire. The cord illustrated a
sharp indentation. In reconstruction of the fire scene UBA learned a portion of the bed
was pushed up against the power supply cord, causing this deep impression in the power
supply cord. The air conditioning unit revealed exposure to heat and flame impingement
on the interior side with all control knobs having reached their flow temperature.
Exposure to the air conditioning unit was most prominent on the control side of the unit.
During the field examination UBA could not determine if the unit fell from the window at
some stage of the fire or was removed by the firefighters subsequent to the fire.
Identification of the air conditioning unit was not possible at the fire scene, however, sub-
sequent investigation in the UBA laboratory revealed the manufacturer is the Emerson
Radio Phonograph Company. UBA's client was apprized of this information.
Fuel Load (origin area)
During the Fire scene analysis the investigator learned construction in the
Area of Origin consists of wood wall framing covered with paneling (939-63). The wood
framed ceiling is covered with suspended non-rated ceiling tile. The wood floor deck
surface is covered mostly with wall-to-wall carpeting (939-63). The investigator
determined windows in the Area of Origin were closed at the time of the tire.
UBA Fire & E:plosion Investigators, Inc
5490 Derry Street
Harrisburg, PA 17111 Page 10
Pennsylvania Fair Flan
Re: Dr. Carl Pedersen
September 4. 1997
Fuel Load, continued
Deep charring was present at the Point of Origin. Bum patterns on the
surrounding surfaces indicate intense flame activity, commensurate with a moderately-
propagating fire (439-63).
Temperature value indicators were carefully examined and were within
the normal ranges, considering the fuel load to exist.
Evidence of floor burning was present, however, UBA determined the
burning is attributed to normal propagation.
As pan of the fire scene investigation a careful search for incendiary
devices or significant quantities of stored flammable liquids was conducted, however, none
were located.
Heavy carbon deposits were present on the window glass, full wall and
ceiling surfaces (939-63).
The investigator determined the fire began as a slowly-smoldering fire
prior to auto-ventilation, at which time open conflagration occurred.
In the opinion of the investigator, the apartment of origin is provided with
poor quality furnishings.
EVIDENCE RECOVERED
In an effort to positively identify the failure responsible for ignition, items
of evidence were recovered for laboratory analvsis. The evidence was tagged for
UBA Fire & Explosion Investigators. Inc
5491) Derry Street
Harrisburg, PA 17111 Page I I
Perms ylvania Fair Flan
Re: Dr. Carl Pedersen
September 4. 1997
Evidence Recovered. continued
identification and submitted to the UBA Laboratory by Senior Investigator Barry K.
White. The evidence includes the following:
8424-01 An Emersion Radio Phonograph Company air conditioner
(#94-96);
8424-02 Electrical power supply cord (954-59);
8424-03 Duplex electrical outlet (#60-61).
EXCLUSIONS
The building was provided with utility services and various other potential
ignition hazards, ail of which were examined individually. The potential ignition hazards
in any given structure fall into three basic categories including rapid propagation,
moderate propagation and smoldering ignition. The UBA Investigators have prepared an
analysis of each type of burning utilizing the burn patterns and remaining evidence at the
fire scene, in concert with other information including interviews and eyewitness accounts
in order to research other ignition possibilities.
Several ignition hazards known to exist that develop slowly-propagating
fires include electrical defects and malfunctions, spontaneous combustion, light
refractions, appliance failures and careless disposal of smoking material. Each of these
UBA Fire & Explosion Investigators, Inc
5490 Derry Street
Harrisburg, PA 17111 Page 12
Pennsvhama Fair Flan
Re: Dr. Carl Pedersen
September 4. 1997
Exclusions, continued
possibilities were eliminated except electrical malfunction since the burning
characteristics observed at the scene fall within the parameters and criteria required.
Several other potential hazards that produce moderate levels of burning
include stationary or temporary heating devices, candles, standing pilot lights, cooking fire
or uncontrolled trash buming, but there was no evidence to support these potential causes.
Rapid propagation that develops from flammable gases or flammable
liquids was also considered and eliminated, since the burning characteristics do not fall
within this category.
PHOTOGRAPHIC ILLUSTRATION
All photographs were taken by Barry K. White beginning on Friday,
July 25, 1997 using a Canon 35-millimeter single lens reflex camera and Kodacolor II
negative fllm.
A Critical Photo Orientation Diagram is provided in Exhibit 142. Due to
space requirements, only the critical photographs were listed. Others appear in the report
that are not on the enclosed diagram.
UBA Fire & Explosion Investigators, Inc
5490 Derry Street
Harrisburg, PA 17111 Page I3
of
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Penns vivaria Fair Plan
Re: Dr. Carl Pedersen
September J. 1997
DISCUSSION / CONCLUSION
The UBA investigators completed a detailed Fire scene analysis and based
on burn patterns, information provided by previous investigators, and physical evidence,
the Point of Origin was positively established. The investigators determined the fire
originated at/or in close proximity to where the electric flex-receptacle containing
the power supply cord for a window-mounted air conditioner was situated. As illus-
trated in Photograph 59, the air conditioner power cord contained a sharp indentation
which was caused by a mattress pushed up against the cord. UBA opines the initial fire
was caused by the severe kinking of the air conditioner's power supply cord creating a
heat build-up and utlimately ignition temperatures. Other factors include:
The investigators learned the occupants in the tenable space did not notify the
firefighters of the initial fire, but used a dog bowl and an unknown container filled
with water in an attempted suppression of the fire.
> In the opinion of the investigating team, the fire rekindled in the mattress which the
occupants in the apartment improperly or inadequately failed to suppress. This
failure and suppression permitted the fire to rekindle and extend to other portions
of the tenable space. causing extensive damage.
USA Fire & Explosion Investigators, inc.
5490 Deny Street
Hanisburg, PA 17111 Page 88
I
INSURANCE PLACEMENT : IN THE COURT OF COMMON PLEAS OF
FACILITY OF PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
Vs. 99-4435 CIVIL
STEVEN M. HOUCK and
JACK JOSEPH SPICER,
Defendants
IN RE: PLAINTIFF'S MOTION FOR CONTINUANCE
ORDER
AND NOW, this 10' day of March, 2003, on motion of counsel for the plaintiff,
trial herein is continued. The Prothonotary is directed to list this matter for trial in the term
commencing July 7, 2003.
BY THE COURT,
Hess, J.
Patricia Haas Corll, Esquire
For the Plaintiff
Richard H. Wix, Esquire
For the Defendant
Court Administrator
:rlm
Po1119fe /1172-
/', ft ?-c x /(? ?pd3
MAR 0 4 2003
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, as Subrogee of
Carol Pederson, Docket No.: 99-4435
Plaintiff(s)
V.
STEVEN M.H000K
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
And
JACK JOSEPH SPICER
C/O Cumberland County Prision
1101 Claremont Road
Carlisle, PA 17013
Defenants.
ORDER
AND NOW, this _ day of March, 2003, upon consideration of Plaintiff's Motion for
Continuance, it is
HEREBY ORDERED, ADJUDGED AND DECREED that this case is removed from the
current trial list to be placed upon the 2003 trial list.
J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
INSURANCE PLACEMENTFACILITY
OF PENNSYLVANIA, as Subrogec of Docket No.: 99-4435
Carl Pederson,
Plaintiff(s)
V.
STEVEN M.HOUCK
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
And
JACK JOSEPH SPICER
C/O Cumberland County Prision
1101 Claremont Road
Carlisle, PA 17013
Defendants
PLAINTIFF'S. INSURANCE PLACEMENT FACILITY OF PENNSYLVANIA A/S/0
CARL PEDERSON'S MOTION FOR CONTINUANCE
AND NOW, comes the Plaintiffs, by and through their counsel, John M. Clark, Esquire,
Patricia Haas Corll, Esquire, and Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP, and
files the following Motion for Continuance averring as follows:
1. The Pretrial Conference in this matter was held on February 19, 2003 before The
Honorable Edgar Bayley. At that time it was determined that this case would be on the March 10,
2003 trial list.
2. In the process of preparing for trial, Carl Natale of UBA Fire & Explosion Investigators,
Inc., has advised the undersigned that his wife is suffering from cancer.
3. On February 28, 2003, the undersigned counsel was advised by Mr. Natale that his wife
is declining rapidly and she is not expected to live beyond the next two weeks. Mr. Natale is the
primary care giver for his wife and she is suffering the last stages of her illness in their home with
care from Mr. Natale and Hospice.
4. Due to Mr. Natale's need to provide care for his wife, we respectfully request that this trial
be continued in order to allow him to attend to his wife in her last days.
5. Counsel has contacted the office of counsel for Defendant Steven Houck, Richard H. Wix,
Esquire, and he has not yet advised us as to whether he has an objection to this continuance.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order
rescheduling this trial from the current March 10, 2003 trial list to the next available trial list. The
proposed order is attached.
Respectfully submitted,
WEBER GALLAGHER SIMPSON STAPLETON
FIRES & NE*B--?, LLP
PA SUftreme Court I.D. No.: 59238
80 North Third Street, 2" Floor
Harrisburg, PA 17102
Phone: 717.237.6940
Fax: 717-237-6949
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
1, Patricia Haas Corll, Esquire, hereby certify that 1 am this day serving a copy of the
foregoing Motion for Continuance via U.S. First Class Mail, upon the below persons(s) which
service satisfies the requirement of the Pennsylvania Rules of Civil Procedure.
Richard Wix, Esquire
Wix Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17100
February 28, 2003
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INSURANCE PLACEMENT PAC'ILITI ' IN fl 11; C'OURT OP COMMON I'Ll.AS
OF PENNSYLVANIA, AS SUBROGEI: ('UM13FRLAND COUNTY, PENNSYLVANIA
OP CARL PEDERSEN.
Plaintiff CIVIL ACI'ION - LAW
v.
NO. 99-4435 CIVIL
STEVEN M. HOUCK, and
JAMES E. SPICER,
Defendants JURY TRIAL DEMANDED
ORDER
AND NOW, this day of 2001, upon
consideration of the Motion to Consolidate, it is NOW AND HEREBY ORDERED that the
actions identified at docket numbers 99-2441 and 99-4435 respectively, are hereby consolidated
so that this matter may be listed for trial.
00 a rd?P
a d, FFAs .
BY THE COI IRT-
. p- n'\ jj
?og is )/ A
I e
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, AS SUBROGEE
OF CARL PEDERSEN,
Plaintiff
V.
STEVEN M. HOUCK, and
JAMES E. SPICER,
Defendants
AUG ?8 20p?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4435 CIVIL ?/
JURY TRIAL DEMANDED
ORDER
?? ?r
AND NOW, this L day of r 2001, upon
consideration of the Motion to Consolidate, it is NOW AND HEREBY ORDERED that the
actions identified at docket numbers 99-2441 and 99-4435 respectively, are hereby consolidated
so that this matter may be listed for trial.
RY THF. C01IRT-
G?pe,?La.AJ/
C o?-ia-a R?s
J.
c;
GUF: '..V,VIl'
PE dVSY? o'.Nl IA
ROLF E. KROLL, ESQUIRE
Pa. Supreme Court I.D. No. 47243
MARGOLIS EDELSTEIN
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
Telephone: 17171975-8114 Attorney for:
Fax: 17171975-8124 DEFENDANT HOUCK
E-mail: rkroll(d)maraolisedelstein com
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, AS SUBROGEE
OF CARL PEDERSEN,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
STEVEN M. HOUCK, and
JAMES E. SPICER,
Defendants
NO. 99-4435 CIVIL
JURY TRIAL DEMANDED
MOTION TO CONSOLIDATE
AND NOW comes Defendant, Steven M. Houck, by and through his counsel, Margolis
Edelstein, to answer the Complaint of Plaintiff, Insurance Placement Facility of Pennsylvania, as
subrogee of Carl Pedersen, and in support thereof avers the following:
This case arises from a fire that occurred on July 23, 1997 at the Tau Kappa
Epsilon Fraternity house. The house was largely destroyed by the fire.
2. On or about April 23, 1999, a Complaint was filed at docket number 99-2441
before this Honorable Court, a true and correct copy of which is attached hereto as Exhibit A.
An Answer was filed to that Complaint on June 7, 1999. On or about July 22, 1999 a second
Complaint was filed at docket number 99-4435, a true and correct copy of which is attached
hereto as Exhibit B.
3. Plaintiffs Complaint at docket number 99-4435 is identical to the prior
Complaint filed at 99-2441, with the exception that the name James E. Spicer as party
Defendant, was changed to Jack Spicer. A default judgment was taken against Jack Spicer.
4. The parties are preparing to list the above-referenced matter for trial.
Accordingly, for purposes ofjudicial efficiency and in an effort to avoid confusion, the parties
seek to consolidate the two actions.
5. The concurrence of Plaintiff's counsel in this Motion has been sought and
obtained.
WHEREFORE, Defendant requests that this Honorable Court enter an Order
consolidating Plaintiff's second action at docket number 99-4435, with the original filing at
docket number 99-2441, so that this matter may be listed for trial.
Respectfully submitted,
MARC4LIS EDELSTEIN
Attorney'l.D. ##47243
Post Office Box 932
Harrisburg, PA 1 7 1 08-093 2
(717) 975-8114
Attorney for Defendant Houck
4357. - I
COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
530 Walnut Street, Suite 1650
Philadelphia, PA 19106
No. ??- ?YNl
V.
Steven M. Houck
523 W. Lisbon Road
Mechanicsburg, PA 17055-5830
Civil Action
and
James E. Spicer
116 North Fayette Street
Shippensburg, PA 17257
TRW C'Dpy FROM REOORo
ffi Cddiale, pa.
NOTICE
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa
717-249-3166
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
530 Walnut Street-Philadelphia, PA
19106
No
V.
Steven M. Houck
523 W. Lisbon Road
Mechanicsburg, PA 17055-5830
-and-
James E. Spicer
116 North Fayette Street
Shippensburg, PA 17257
Civil Action
COMPLAINT
Plaintiff, INSURANCE PLACEMENT FACILITY OF PENNSYLVANIA as Subrogee of Carl
D. Pedersen (the "Insured") by and through its undersigned counsel avers as follows:
1. Plaintiff is an unincorporated non-profit association created by statute, 40 P.S.
1600.101-1600.502, Act of July 31, 1968, P.L. 738, to issue basic fire insurance policies in
the Commonwealth of Pennsylvania, and maintains a principal place of business at 530 Walnut
Street, Suite 1650 Philadelphia, Pennsylvania and is entitled by law and equity to bring this
action by virtue of an insurance payment made to Carl D. Pedersen (the "Insured") as
described in more detail below.
2. Plaintiff insured the Tau Kappa Epsilon fraternity house ('TKE House") located at
11 Britton Road, Shippensburg, Pennsylvania (the "Premises") under Policy of Insurance No
612180-97-0 effective from 02/12/97 to 02/12/98 (the "Policy"). A true and correct copy
I-
of the declaration page of said Policy is attached as Exhibit A.
3. The defendant James E. Spicer is an adult individual with an address of 523 W.
Lisbon Road, Mechanicsburg, PA 17055-5830.
4. Defendant Steven M. Houck is an adult individual with an address of 116 North
Fayette Street, Shippensburg, PA 17257
5. A major fire occurred on or about July 23, 1997 at the Tau Kappa Epsilon fraternity
house, which consumed and destroyed most of the house and contents therein (the "Fire" or
"Major Fire").
6. At the time of the fire, the defendants were present in and residing at the TKE
House.
7. The Major Fire complained of herein was caused by the re-kindling of a small,
earlier fire a few hours prior.
8. The small, earlier fire occurred when defendant James E. Spicer, turned on his air
conditioner and went to sleep. He was awakened by a small fire burning at the end of his
mattress which he attempted to extinguish solely by_poudiag-water-onfmm_a-djo bowl ontc
The authorities were not called. He was assisted by Steven M. Houck who was
sleeping in another room. The two defendants left the burning and/or burnt bedding in the
room and then removed batteries from smoke alarms is the Premises before the two moved
to Houck's room to return to sleep.
9. Thereafter, fire re-kindled in the mattress which set surrounding consumables on
fire, igniting the Major Fire to the premises. The Major Fire engulfed the entire premises;
whereupon defendants finally awoke and escaped to safety through a window with_adcg.-,10. Pursuant to the Policy of Insurance, the Facility paid its Insured $102,238.04 in
Mark J. Wollman
Attv I.D. No. 57127
Suite 700.34
i he Pavilion
261 Old York Road
Jenkintown, PA 19046
15) 867.3505
partial indemnity for the reasonable actual cash value damages arising out of the Fire. By
virtue of its payment, the Facility became subrogated to the rights of its Insured and is entitled
by law and equity to proceed herein.
-2-
COUNTI
NEGLIGENCE
Insurance Placement Facility of Pennsylvania as subrogee of
Carl D. Pedersen v. James E. Spicer and Steven M. Houck
11 . The foregoing paragraphs No. 1 through 10 are incorporated herein by reference.
12. The defendants owed a duty to the building owner, Carl Petersen, to use
reasonable precautions to guard against the outbreak of fire.
13. The defendants breached that duty and were careless and/or negligent in the
following, but not limited to, manner:
by:
a). failing to reasonably, competently, prudently and/or fully extinguish the first
fire;
b). failing to report the first fire to the fire department;
c). failing to inspect the mattress for internal burning or heat build-up or deep-
seated fire within the mattress after the first, small fire;
d). failing to properly remove the subject mattress from the house after the first
fire so as to prevent the foreseeable outbreak of a second catastrophic fire in
the foreseeable event of re-kindling;
e). Removing the batteries for and/or otherwise disabling the smoke/heat
detectors and/or certain smoke/heat detector(s) in the Premises which would
cause a re-kindled fire to burn unnoticed with foreseeable catastrophic
consequences before it could be discovered by the defendants who were
sleeping in a remote location with doors shut;
f). failing to take other reasonable precautions after the discovery of the first,
small fire which the defendants knew or should have known would foreseeably
cause the rekindling of fire and ensuing Major Fire;
all of which foreseeably, proximately and directly caused the ignition and spread of the Major
-3-
Fire which substantially destroyed the Premises.
14. The damages sustained by the Insureds arising out of the Fire total at least
$102,738.04. The Facility paid its Insureds the Policy amount of $102,738.04 in partial
indemnity for the actual cash value damages sustained by the Insureds due to the Fire.
WHEREFORE, the Insurance Placement Facility of Pennsylvania as subrogee of Carl
D. Pedersen request judgment jointly and severally against the Defendants in the amount of
$102,738.04 plus interest and costs.
COUNT II
BREACH OF CONTRACT
Insurance Placement Facility of Pennsylvania as subrogee of Dr. Carl D. Pedersen v. James
E. Spicer and Steven M. Houck
15. The foregoing paragraphs No. 1 through 14 are incorporated herein by reference.
16. The defendants breached their Leases (attached as Exhibit B and Exhibit C hereto)
with the plaintiff's insured, Carl Petersen, by causing the Premises to burn, causing damage.
17. The following acts of negligence and carelessness constitute breaches of the
Leases of (See 16 ("Repeated Damage"); 18 ("Due car/Appliances")):
a). failing to reasonably, competently, prudently and/or fully extinguish the first
fire;
b). failing to report the first fire to the fire department;
c). failing to inspect the mattress for internal burning or heat build-up or deep-
seated fire within the mattress after the first, small fire;
d). failing to properly remove the subject mattress from the house after the first
fire so as to prevent the foreseeable outbreak of a second catastrophic fire in
the foreseeable event of re-kindling;
e). Removing the batteries for and/or otherwise disabling the smoke/heat
detectors and/or certain smoke/heat detector(s) in the Premises which would
-4-
cause a re-kindled fire to burn unnoticed with foreseeable catastrophic
consequences before it could be discovered by the defendants who were
sleeping in a remote location with doors shut;
fl. failing to take other reasonable precautions after the discovery of the first,
small fire which the defendants knew or should have known would foreseeably
cause the rekindling of fire and ensuing Major Fire;
all of which foreseeably, proximately and directly caused the ignition and spread of the Major
Fire which substantially destroyed the Premises.
18. The defendants' above acts constitute breach(es) of the express and/or implied
provisions of the lease between the defendants and Petersen which directly caused damages
of at least $102,738.04 to the premises.
19. Despite demand, the defendants have failed to pay this sum and are legally liable
for said payment.
WHEREFORE, the Insurance Placement Facility of Pennsylvania as subrogee of Carl
D. Pedersen request judgment jointly and severally against the Defendants in the amount of
$102,738.04 plus interest and costs.
Mark J. Woliman, Esq.
Attorney for Plaintiff
-5-
Verification
I, Mark Wollman, authorized representative of the plaintiff here hereby
state the statements made herein are true and correct to the best of my
knowledge, information and belief. I am aware that this is made under the
penalties of 18 PA C.S,A. section 4904 relating to unsworn falsification to
authorities.
Z-2-j-Mark WOlfman
Date: April 21, 1999
BERS OF T•SM??a? ::
• ._.. ;. ;•.a.??-Tit
..,..%,e P ACEMENT FACILITY OF PENNSYLVANIA
?- A LIST OF THE COMPANIES AND THEIR PERCENTAGE PARTICIPATION IS ON FILE AT THE
INSURANCE DEPARTMENT IN HARRISBURG AND A COPY MAY BE OBTAINED AT THE FACILITY OFFICE.
DECLARATIONS
NAMED INSURED MAILING ADDRESS ... I ... .
.SC.1 ik,4l... 'il .,.. .. .. ..
J
POLICY NO. PFP'
J• .
RENEWAL
TERM ?'?% !'L.. .. ..
RENEWAL OATS IMO. Dry Yi.I EXPIRATION (Me on Yr.l I YEAR
NOON STANDARD TIME NOON STANDARD TIME jl,:?.r i, "..,....%"a 1% ?• 1--
We will provide insurance described in INS policy in return for the premium and compliance with all applicable provisions of this polity. If We otter to renew ft pok7. use
premium must be paid in advance of the above expiration date or else this policy will expire. Upon receipt of the renewal premium and a property completed renewal appliat"
we will issue a renewal endorsement or new policy. This insurance applies tome described location. Coverage for which a limit at liability is shown and peals insured against for
which a premium is stated.
AMOUNT
OF PREMIUM DUE COVERED CAUSES OF
INSURANCE AATIFSI AT INCEPTION LOSS
S = o- C) : O JCS s 161 S - Q ]. '. 11: ? FIRE. LIGHTNING. AND EXPLOSION
WIND. HAIL. SMOXE. AIRCRAFT OR
S L a 5 , , - ? VEHICLES. RIOT OR CN(L COMMOTION.
SI NHOLE COLLAPSE. VOLCANIC ACTION.
TOTAL(S) $ LIMIT OF PERCENT OF DESCRIPTION OF PROPERTY COVERED (LOCATION IS DESCRIED IF DIFFERENT FROM MALING ADDRESS) APPLIES ONLY
COV INSURANCE C ooSeRnN9E FOR WHICH A LIMIT OF INSURANCE IS SHOWN. SHOW OCCUPANCY OF BUILDING COVERED OR CONTAINING THE PROPERTY COVERED.
.-'S.? ;. ... i.li7i, t!ilii.., ii......._... tiiC:CJi''c_D i.f.. ..2r+: .. d•, ...
DEDUCTIBLES IN CASE OF LOSS UNDER THIS POLICY. WE COVER ONLY THAT PART OF THE LOSS OVER-THE DEDUCTIBLE STATED.
FORMS APPLICABLE: _ •? r• : ;. / - i+ ]: / ....
.1 2 -. • _ 1 .' is '.
r PRODUCER
EXHIBIT
J
_
DATE AUTHORISED RE
RESIDENTIAL LEASE AGREEMENT
THIS LEASE, made this 1st day of December, 1996 BETWEEN
Owner, 5 Dr art P dPrPn
C the
one or more, referred to "Resident"), jointly and severally: (hereinafter whether
WITNESSETH: That Owner hereby leases to Resident and the letter lets from the former, the
apartment/house designated as _t l Britton Road Shippensburg PA 17257 hereater called the
"premises", for the term of 1 year beginning on the 1 day of June, 1997, and ending on the
31st day of May, 1998 , at the rent of 41, ?-r?o bu ,1,f,(".,i E ollars($ )
annually and monthly in installments of: ta.,?s. y .411ws
Prior to the first day of the month for which it is due
at a discounted rate of $ 19 °I . C) Q
Between the first and the fifth day of the month due
at the face value of $ d 0 3 . Q
After the fifth day of the month for which it is due
at the penalty rate of S a) S. c16
This letting is upon the following terms and conditions
1. SECURITY DEPOSIT: Resident agrees to pay Owner a security deposit of 00
u, ? 4; nsJ ?h,M• 1. Dollars (S ) upon signing of this agreement with receipt
herein acknowl dged paid by . Resident agrees to pay the security deposit set forth
above prior to occupancy of the premises. The security deposit shall be held by Owner or Agent
as security for the payment of all rent and other amounts due from Resident to Owner or Agent,
for the Resident's } irformance of this lease and against any damages caused to the premises or
any other part of Owner's or Agent's property by Resident, his family and guests. Resident
ITft PI'CfOnftc ?n•r n•wne•• ?L_? •L_ __ _. • ..
amount due from Resident to Owner or Ascent without Owner's or Agents 3ydttenfconsent, "nd
that the monthly rent will be paid each month including the last month of the lease term without
abatement for early vacancy by Resident Within thirty(30) days following termination of this
lease and the physical vacating of the premises by the resident, the Owner or Agent shall return
the security deposit, less any deductions from it on account of amounts owed by Resident to
Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a
forwarding address which must be furnished by Resident in Writing. Upon terminating of lease
and vacating of the premises within the terms and conditions set forth in the lease, Resident shall
return all keys and all copies of keys to Owner or Agent's office within 24 hours of such v
If keys are not returned with the specified time period, Owner or Agent will have the righ EXHIBIT
change the locks on the premises and charge such lock change to resident.
2. FAILURE TO PAY:Resident agrees to pay to Owner or Agent the monthly rate set forth
above on the 0th day of each month, in advance, at the Rental Office of Owner or Agent or such
other place as Owner or Agent may from time to time request and further agrees to pay the first
and last months rent at the time of occupancy. If the rental payment is not received by the Slit of
each month (as set forth above), Owner or Agent will reserve the right to proceed with the
necessary legal authorities to collect same.
2a. CHARGES FOR RETURNED CHECKS:
1. Residents check is returned by the bank for any reason (including, but no limited to,
insufficient funds, errors on the check, and a stop-payment order), resident must pay a service
charge of $25.00 in addition to other charges set forth.
II. Resident shall replace the returned check with a money order, certified check, or cashier's
check, payable to the Owner. Owner is not required to redeposit a returned check.
III. The returned check charge and late fees are immediately due and payable as additional rent
under the terms of the lease and are considered liquidated damages for Owner's bookkeeping and
clerical expenses.
IV. If Resident's rent check is returned, Owner reserves the right to require Resident to pay
future rent by money order, certified check or cashier's check.
V. Owner reserves the right to collect all additional penalities provided by law for checks not
honored by the bank.
3. TERMINATION: Qwner or Agent may terminate this lease without cause by giving thirty
(30) days prior written notice to Resident, but no termination by Owner or Agent without cause
may take effect during the one (1) year term of the lease.
4.SUBLETTING/,VSE:Resident agrees to use the premises only as the personal residence of
Resident and their children, and not to assign this lease or sublet the apartment. Resident agrees
not to alter or make additions to the premises, its painting, its fixtures, and char e locks without
Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice
injurious to the building, which may affect the insurance on the building, or which is contrary to
any law.
5. DRAINAGE: Resident shall not allow any hair, thread, strings, rags, sanitary napkins, or
rubbish of any kind to enter the drainage or waste pipes of the premises. Any damage caused by
the entry of one or more of such items into the drainage or waste pipes of the premises shall be
the Resident's responsibility.
6. REPEATED DAMAGE: Serious or repeated damage to the premises, any common areas or
any property of the Owner or Agent, is a violation of this lease agreement.
7. UTILITIES: Resident understands that the equipment for
utilities to serve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid
as follows:
Heating for premises to be paid by Resident
Heating of water for premises to be paid by Resident
Electricity for premises to be paid by a ident
Gas for premises(IF APPLICABLE)
to be paid by
Sewer charge to be paid by esid nt
Resident
Water consumption to be paid by eside t
Trash removal to be paid by Resident
Cable Television to be paid by Resident
Telephone to be paid by Resident
Snow removal to be paid by(sidewalk) Resident
Lawn maintenace to be paid by caner
Resident agrees to pay the bills for said utilities when due. Owner shall have no obligation to provide
utilities that are the responsibility of the Resident. In the premises where the Resident provides the heat, the
premises must be kept sufficiently heated at all times during the lease to avoid damage to the premises. In
the premises where the Resident provides the heat, the Resident may not have the heat terminated for any
reason during the lease. Resident agrees that Owner or Agent shall have the right temporarily to stop the
service of electricity, or water, or gas in the event of accident affecting the same or to facilitate repairs or
alterations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have
no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such
failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair
installations.
8. DUE CARE/ APPLIANCES: Resident agrees to use due care in the use of the premises,
the appliances therein, and all other parts or Owner's or Agent's property, to give notice to Owner or Agent
of the need for repair thereof, and to pay for all repairs to the apartment its contents and to all other parts of
r)wna,J. n. Anuw?4t'.........r..
members Of Resident's family or his visitors Owner or Agent will make necessary repairs to the premises
and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for
repairs. The following appliances are the property of the Owner and shall not be tampered with or removed
from the premises. Any cost of repair or replacement for violation of the conditions of this lease clause shall
be the responsibility of the Resident.
RANGE: serial number
REFRIGERATOR: serial number
OTHER APPLIANCES:
9. LIABILITY FOR INJURY:Resident agrees that Owner or Agent shall not be liable for
property damage or personal injury occurring in the premises or elsewhere on Owner's or Agent's property
unless the damage or injury results directly from Owner's or Agent's negligence.
10. RENTERS INSURANCE: All residents are required to carry "renters insurance" for the premises
with an amount equal or greater to the value of all personal belongings of the resident.
Name Insurer amount
1.
2.
3.
4.
5.
6.
7.
8.
11. OCCUPANCY: If, due to circumstances beyond the Owner's or Agent's control, the premises shall not
be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent
shall be abated proportionately until the premises are so ready, and Owner or Agent shall not be liable for
delay; provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident
shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the
expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy
shall be limited to such right of cancellation, neither party shall have any further right against the other, save
the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premises prior
to the beginning of the term, such occupancy shall be subject to the terms of this lease, and Resident shall
pay prior to occupying the premises rent for the same period from the date of such occupancy to the
beginning of said term.
12. DAMAGE BY FARE OR OTHER CASUALTY: If the premises is damaged by fire or other casualty,
Owner or Agent shall repair it within a reasonable time and rent shall continue unless the casualty renders
the premises untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to
the date the premises is surrendered, shall not be liable for any further rent. If only a portion of the premises
is rendered untenantable, the Resident may, with mutual agreement of Owner or Agent, alternatively choose
to continue in possession and shall thereupon be entitled to a pro-rata reduction in the amount of rent,
provided that election to proceed under this alternative shall not be a waiver of the Resident's right to
terminate the lease'if repairs are not made within a reasonable time.
13. RIGHT OF ENTRY: Owner or Agent, or any person authorized by him, shall have the right to enter
the premises at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and
to show the premises to prospective residents. Reasonable times shall be defined as any time when the
Owner or Agent has given the Resident at least a 24 hour notice by telephone or in writing, however, such
notice shall not be required in the case of emergency or upon the Resident's request for maintenance work to
be completed.
14. PREMISES DESCRAiED/PROPERTY USE:This lease confers no rights on Resident to use for
any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased,
except the walks and roadways giving access thereto and such other areas, if any, as Owner or Agent may
from time to time designate for the use of residents. When the use by Resident of any other portion of
Owner's or Agent's property is permitted, it shall be subject to the rules and regulations established by
Owner or Agent.
15. FAILURE TO PAY RENT/DEFAULT: If Resident shall fail to pay rent, or any other sum, to
Owner or Agent when due; shall default in any other provisions of this lease; or shall remove or attempt to
remove his possessions from the premises before paying to Owner or Agent all rent due to the end of the
lease term, Owner or Agent, in addition to all other remedies by law, may:
(a) discontinue utility service provided by owner,
(b) terminate this lease;
(c) bring an action or recover possession of the premises;
(d) bring an action to recover the whole balance of the rent and other charges due herein
under, of whatever kind and nature, together with any and all consequential damages caused by Resident's
default, including reasonable attorney's fees and/or fees charged by Owner or Agent and any court costs and
subsequent fees for the procurement of a State Constable and/or County Sheriff.
16. PETS: No Pets Allowed, Even Temporarily. No pets are allowed, even temporarily, anywhere in the
apartment, or apartment community. Residents must advise guests of this policy so they can make other
arrangements prior to their visit. If a pet has been in a Resident's apartment, even temporarily(with or
without our consent), Resident may be charged for de-fleaing, deodorizing, and/or shampooing.
17. POSSESSION: Resident agrees that all security deposits as well as the right to take possession of
the premises may be forfeited at the discretion of the owner if the resident does not take possession of the
leased premises within seven (7) days of the beginning of the lease term. Prior arrangements may be made
with the Owner in writing prior to the first day of the lease to schedule a later possession date, however,
rent is still due from the beginning of the lease term.
18. WAIVER OF NOTICE TO QUIT: Resident hereby waives the usual notice to quit and agrees to
surrender the pre*es at the expiration of said lease term, or the terminations of this lease for whatever
reasons, forfeiture or otherwise without notice from the Owner or Agent whatsoever. If proceedings shall
be commenced by the Owner or Agent to recover possession of the premises, either at the expiration of the
term or earlier termination of the lease, or for non-payment or rent, or for any other reasons, Resident
specifically waives the right to 30 days notice and to any other notice required under the Landlord and
Tenant Act and agrees that not notice whatsoever shall be required.
19. OCCUPANCY REGULATIONS HEREIN AND ATTACHED: RESIDENT AGREES THAT
HE WILL COMPLY AND PROCURE COMPLIANCE OF MEMBERS OF HIS FAMILY, AND HIS
GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND
WHICH ARE ATTACHED.
20. LIEN SUBORDINATION: This lease is subject and subordinate to the Gen of all mortgages now
or at any time hereinafter placed upon any part of Owner's or Agent's property which includes
the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security
thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination
as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so is
the name of Resident.
21. MUNICIPAL INSPECTIONS AND INSPECTION FEES: If the local municipality requires annual
or periodic inspections of your apartment in non-emergency situations, you have the right to:
(1) prior notice, including notice of the purpose and the subject of the inspection; and (2) proper
idenification from the inspector; and (3) to be present during the inspection. You also ave the tight to deny
the municipal inspector access into your private residence unless a search warrant or similar legal process is
issued by a judge. Should you agree to permit the municipal inspection of your apartment, you will be
required to:
(1) make arrangements directly with the municipality. The landlord will not open your door to permit the
municipal inspection. And,
(2) reimburse the Landlord for the inspection fee with the next monthly rent payment. The charge for the
inspection fee is to be considered additional minimum rent. You can avoid additional rent costs by
choosing not to permit the municpal inspection. However, the Landlord will be responsible for the
inspection fee(and will not charge you) should the municipality require the inspection under the authority of
a search warrant or similar lawful process which is issued by a judge (not the municipality). To avoid the
rent charge in the amount of the inspection fee, you must provide the Landlord with a copy of the search
warrant or other legal process.
This provision does not change the inspection rights of the Landlord under paragraph 13
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT: IF YOU DO NOT UNDERSTAND
THIS AGREEMENT. PLEASE CONSULT AN ATTORNEY-AT-LAW!!
22. RESIDENT/JOINT AND SEVERAL LEASE AGREEMENT:The term "Resident" used herein
shall refer collectively to all persons named above, and signing this lease as Resident, and the liability or each
such person shall bgjoint and several. Also signing on this lease shall be the parents or legal guardians of
resident who by signing hereafter shall be liable, jointly and severally, for the entire lease herein. Notice
given by Owner or'Agent to any person named as Resident or by any such person to Owner or Agent, shall
bind all persons signing this lease as Resident. The term "Resident" shall also refer to any persons named as
heirs, executors, administrators, successors, or the respective parties hereto as if they were in every. case
named and expressed.
23. GENERAL: No oral promises, representations or agreements have been made by the owner or any
owner's representative. This lease is the entire agreement between the parties. Owner's representatives (
including management personnel and other employees or agents ) do not have authority to make promises,
representations or agreements which impose duties of security or other obligations on owner's reresentatives
unless done in writing.
5.+www igirr??..??AUw???Fw??Mir M«??\riw wwr?r??
f ' (SEAL)
Resident
Parent or Guardian (SEAL)
Parent or Guardian (SEAL)
iii?•rrt?e?i•iriirii«??«i+iir?r«r•w«ri?ri?rrw?Frirrri««?r•rrri•4?«•
Resident (SEAL)
Parent or Guardian (SEAL)
--?-Parent or Guardian (SEAL)
iFxMiirtrti???iMtrirMrirr«iiiir«ri«t«Mii«ritiFiMi«?MiRriM r?«r««iiFrr?r?r
Resident (SEAL)
(SEAL)
Parent or Guardian
(SEAL)
irwr?rrrtriirrwrrrr??r?«? arent
r«rxxrrr««rrxrr«rrrF«r«rrr
Resident (SEAL)
Parent or Guardian (SEAL)
(SEAL)
Parent or Guardian
Intending to be.legally bound, and in consideration of the lease with the above Resident, the
undersigned, jointly and severally, hereby become surety to Owner or Agent for the performance or the lease by
Resident and guarantees payment of all sums becoming owing to Owner or Agent by Resident. This agreement
shall remain in effect throughout the tern of the lease or any renewal thereof. The liability of the undersigned is
absolute, continuing and unconditional and Owner or Agent shall not be required to proceed against Resident or
invoke any other remedy before proceeding against the undersigned. Owner or Agent expressly agrees to notify
the guarantor in the event of breach or default.
SIGNATURE OF OWNER OR AGENT:
r e
tN s
RESIDENTIAL LEASE AGREEMENT
THIS LEASE, made this 1st day of December, 1996 BETWEEN Dr I p dor?P
Owner, ca,,,a,. pA Li--I. D
Owner,
one or more, referred to a Resident"), jointly and severally: (hereinafter whether
WITNESSETH: That Owner hereby leases to Resident and the letter lets from the former, the
apartment/house designated as 11 Britton Road hippensbura PA 17257 hereater called the
"premises", for the term of .1 year beginning on the lit day of June, 1997, and ending on the
31st day of May, 1998 , at the rent ofT. • t A , 6, t, i r ._ .rpollars($ 1 1
annually and monthly in installments of:
Prior to the first day of the month for which it is due
at a discounted rate of
Between the first and the fifth day of the month due $ Iq4
at the face value of
After the fifth day of the month for which it is due $ 103. ??
at the penalty rate of
$ 213.{0
This letting is upon the following terms and conditions:
1. SECURITY DEPOSIT: Resident agrees to pay Owner a security deposit of
^rAe- Doliars ($ I9?{ )upon signing of this agreement with receipt
herein acknowle ged paid by{7`v Resident agrees to pay the security deposit set forth
above prior to occupancy of the premises. The security deposit shall be held by Owner or Agent
as security for the ayment of all rent and other amounts due f r om Resident to Owner or Agent,
for the Resident's (performan ce of this lease and against any damages caused to the premises or
any other part of Owner's or Agent's property by Resident, his family an d guests. sid nt
understands and aoranc that A.
--- ---- .••_•- -... ..... ,...uvuu, o, ine le a term yntno
abatement for early vacancy by Resident. Within thirty(30) days following termination of this
lease and the physical vacating of the premises by the resident, the Owner or Agent shall return
the security deposit, less any deductions from it on account of amounts owed by Resident to
Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a
forwarding address which must be furnished by Resident in Writing. Upon terminating of lease
and vacating of the premises within the terms and conditions set forth in the lease, Resident shall
return all keys and all copies of keys to Owner or Agent's office within 24 hours of such v
If keys are not returned with the specified time period, Owner or Agent will have the ri gh EXHIBI
change the locks on the premises and charge such lock change to resident. e
C-
2. FAELURE TO PAY:Resident agrees to pay to Owner or Agent the monthly rate set forth
above on the 30th day of each month, in advance, at the Rental Office of Owner or Agent or such
other place as Owner or Agent may from time to time request and further agrees to pay the first
and last months rent at the time of occupancy. If the rental payment is not received by the 15th of
each month (as set forth above), Owner or Agent will reserve the right to proceed with the
necessary legal authorities to collect same.
2a. CHARGES FOR RETURNED CHECKS:
1. Residents check is returned by the. bank for any reason (including, but no limited to,
insufficient funds, errors on the check, and a stop-payment order), resident must pay a service
charge of $25.00 in addition to other charges set forth.
U. Resident shall replace the returned check with a money order, certified check, or cashier's
check, payable to the Owner. Owner is not required to redeposit a returned check.
III. The returned check charge and late fees are immediately due and payable as additional rent
under the terms of the lease and are considered liquidated damages for Owner's bookkeeping and
clerical expenses.
IV. If Resident's rent check is returned, Owner reserves the right to require Resident to pay
future rent by money order, certified check or cashier's check.
V. Owner reserves the right to collect all additional penalities provided by law for checks not
honored by the bank.
3. TERMINATION: Qwner or Agent may terminate this lease without cause by giving thirty
(30) days prior written notice to Resident, but no termination by Owner or Agent without cause
may take effect during the one (1) year term of the lease.
4.SUBLETTING/,IVSE:Resident agrees to use the premises only as the personal residence of
Resident and their children, and not to assign this lease or sublet the apartment. Resident agrees
not to alter or make additions to the premises, its painting, its fixtures, and change locks without
Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice
injurious to the building, which may affect the insurance on the building, or which is contrary to
any law.
5. DRAINAGE: Resident shall not allow any hair, thread, strings, rags, sanitary napkins, or
rubbish of any kind to enter the drainage or waste pipes of the premises. Any damage caused by
the entry of one or more of such items into the drainage or waste pipes of the premises shall be
the Resident's responsibility.
6. REPEATED DAMAGE: Serious or repeated damage to the premises, any common areas or
any property of the Owner or Agent, is a violation of this lease agreement.
7. UTILTIIES: Resident understands that the equipment for
utilities to serve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid
as follows:
Heating for premises to be paid by sident
Heating of water for premises to be paid by Resident
Electricity for premises to be paid by Resident
Gas for premises(IF APPLICABLE)
to be paid by
Sewer charge to be paid by Resident
Resident
Water consumption to be paid by Resident
Trash removal to be paid by Resident
Cable Television to be paid by Resident
Telephone to be paid by Resident
Snow removal to be paid by(sidewalk) Resident
Lawn maintenace to be paid by Owner
Resident agrees to pay the bills for said utilities when due. Owner shall have no obligation to provide
utilities that are the responsibility of the Resident. In the premises where the Resident provides the heat, the
premises must be kept sufficiently heated at all times during the lease to avoid damage to the premises. In
the premises where the Resident provides the heat, the Resident may not have the heat terminated for any
reason during the lease. Resident agrees that Owner or Agent shall have the right temporarily to stop the
service of electricity, or water, or gas in the event of accident affecting the same or to facilitate repairs or
alterations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have
no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such
failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair
installations.
8. DUE CARE/ APPLIANCES: Resident agrees to use due care in the use of the premises,
the appliances therein, and all other parts or Owner's or Agent's property, to give notice to Owner or Agent
of the need for repair thereof, and to pay for all repairs to the apartment its content and to II other goal of
Owner's or Agent's property which are necessitated by any act or lack of care on the part of Resident
lumbers of Resident' fa?ti y. or his visitors Owner or Agent will make necessary repairs to the premises
and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for
repairs. The following appliances are the property of the owner and shall not be tampered with or removed
from the premises. Any cost of repair or replacement for violation of the conditions of this lease clause shall
be the responsibility of the Resident.
RANGE: serial number
REFRIGERATOR: serial number
OTHER APPLIANCES:
9. LIABILITY FOR INJURY:Resident agrees that Owner or Agent shall not be liable for
property damage or personal injury occurring in the premises or elsewhere on Owner's or Agent's property
unless the damage or injury results directly from Owner's or Agent's negligence.
10, RENTERS INSURANCE: All residents are required to carry "renters insurance" for the premises
with an amount equal or greater to the value of all personal belongings of the resident.
Name Insurer amount
1.
2.
3.
4.
5.
6.
7.
8.
11. OCCUPANCY: If, due to circumstances beyond the Owner's or Agent's control, the premises shall not
be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent
shall be abated proportionately until the premises are so ready, and Owner or Agent shall not be liable for
delay; provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident
shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the
expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy
shall be limited to such right of cancellation, neither party shall have any further right against the other, save
the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premises prior
to the beginning of the term, such occupancy shall be subject to the terms of this lease, and Resident shall
pay prior to occupying the premises rent for the same period from the date of such occupancy to the
beginning of said term.
12. DAMAGE BY FIRE OR OTHER CASUALTY: If the premises is damaged by fire or other casualty,
Owner or Agent shall repair it within a reasonable time and rent shall continue unless the casualty renders
the premises untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to
the date the premises is surrendered, shall not be liable for any further rent. If only a portion of the premises
is rendered untenantable, the Resident may, with mutual agreement of Owner or Agent, alternatively choose
to continue in possession and shall thereupon be entitled to a pro-rata reduction in the amount of rent,
provided that election to proceed under this alternative shall not be a waiver of the Resident's right to
terminate the lease'if repairs are not made within a reasonable time.
13. RIGHT OF ENTRY: Owner or Agent, or any person authorized by him, shall have the right to enter
the premises at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and
to show the premises to prospective residents. Reasonable times shall be defined as any time when the
Owner or Agent has given the Resident at least a 24 hour notice by telephone or in writing, however, such
notice shall not be required in the case of emergency or upon the Resident's request for maintenance work to
be completed.
14. PREMISES DESCRIBEDIPROPERTY USE:This lease confers no rights on Resident to use for
any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased,
except the walks and roadways giving access thereto and such other areas, if any, as Owner or Agent may
from time to time designate for the use of residents. When the use by Resident of any other portion of
Owner's or Agent's property is permitted, it shall be subject to the rules and regulations established by
Owner or Agent.
15. FAILURE TO PAY RENT/DEFAULT: If Resident shall fail to pay rent, or any other sum, to
Owner or Agent when due; shall default in any other provisions of this lease; or shall remove or attempt to
remove his possessions from the premises before paying to Owner or Agent all rent due to the end of the
lease term, Owner or Agent, in addition to all other remedies by law, may:
(a) discontinue utility service provided by owner;
(b) terminate this lease;
(c) bring an action or recover possession of the premises;
(d) bring an action to recover the whole balance of the rent and other charges due herein
under, of whatever kind and nature, together with any and all consequential damages caused by Resident's
default, including reasonable attorney's fees and/or fees charged by Owner or Agent and any court costs and
subsequent fees for the procurement of a State Constable and/or County Sheriff.
16. PETS: No Pets Allowed, Even Temporarily. No pets are allowed, even temporarily, anywhere in the
apartment, or apartment community. Residents must advise guests of this policy so they can make other
arrangements prior to their visit. If a pet has been in a Resident's apartment, even temporatily(with or
without our consent), Resident may be charged for de-fleaing, deodorising, and/or shampooing.
17. POSSESSION: Resident agrees that all security deposits as well as the right to take possession of
the premises may be forfeited at the discretion of the owner if the resident does not take possession of the
leased premises within seven (7) days of the beginning of the lease term. Prior arrangements may be made
with the Owner in writing prior to the first day of the lease to schedule a later possession date, however,
rent is still due from the beginning of the lease term.
18. WAIVER OF NOTICE TO QUIT: Resident hereby waives the usual notice to quit and agrees to
surrender the premises at the expiration of said lease term, or the terminations of this lease for whatever
reasons, forfeiture or otherwise without notice from the Owner or Agent whatsoever. If proceedings shall
be commenced by the Owner or Agent to recover possession of the premises, either at the expiration of the
term or earlier termination of the lease, or for non-payment or rent, or for any other reasons, Resident
specifically waives the right to 30 days notice and to any other notice required under the Landlord and
Tenant Act and agrees that not notice whatsoever shall be required.
19. OCCUPANCY REGULATIONS HEREIN AND ATTACHED: RESIDENT AGREES THAT
HE WILL COMPLY AND PROCURE COMPLIANCE OF MEMBERS OF HIS FAMILY, AND HIS
GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND
WHICH ARE ATTACHED.
20. LIEN SUBORDINATION: This lease is subject and subordinate to the lien of all mortgages now
or at any time hereinafter placed upon any part of Owner's or Agent's property which includes
the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security
thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination
as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in
the name of Resident.
21. MUNICIPAL INSPECTIONS AND INSPECTION FEES: If the local municipality requires annual
or periodic inspections of your apartment in non-emergency situations, you have the right to:
(1) prior notice, including notice of the purpose and the subject of the inspection; and (2) proper
idetdfication from the inspector; and (3) to be present during the inspection. You also ave the right to deny
the municipal inspector access into your private residence unless a search warrant or similar legal process is
issued by a judge. Should you agree to permit the municipal inspection of your apartment, you will be
required to:
(1) make arrangements directly with the municipality. The landlord will not open your door to permit the
municipal inspection. And,
(2) reimburse the Landlord for the inspection fee with the next monthly rent payment. The charge for the
inspection fee is to be considered additional minimum rent. You can avoid additional rent costs by
choosing not to permit the municpal inspection. However, the Landlord will be responsible for the
inspection fee(and will not charge you) should the municipality require the inspection under the authority of
a search wan-ant or similar lawful process which is issued by a judge (not the municipality). To avoid the
rent charge in the amount of the inspection fee, you must provide the Landlord with a copy of the search
warrant or other legal process.
This provision does not change the inspection rights of the Landlord under paragraph 13
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT: IF YOU DO NOT UNDERSTAND
THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY-AT-LAW!!
22. RESIDENTMOINT AND SEVERAL LEASE AGREEMENT:The tern "Resident" used herein
shall refer collectively to all persons named above, and signing this lease as Resident, and the liability or each
such person shall be joint and several. Also signing on this lease shall be the parents or legal guardians of
resident who by signing hereafter shall be liable, jointly and severally, for the entire lease herein. Notice
given by Owner or'Agent to any person named as Resident or by any such person to Owner or Agent, shall
bind all persons signing this lease as Resident. The tern "Resident" shall also refer to any persons named as
heirs, executors, administrators, successors, or the respective parties hereto as if they were in every. case
named and expressed.
23. GENERAL: No oral promises, representations or agreements have been made by the owner or any
owner's representative. This lease is the entire agreement between the parties. Owner's representatives (
including management personnel and other employees or agents ) do not have authority to make promises,
representations or agreements which impose duties of security or other obligations on owner's reresentatives
unless done in writing.
t?R?t?Yt?Y4R??t??rt????t?t44t/? Vwt?RYRMY¦tRt??it4t6t?f?
Resident (SEAL)
(SEAL)
Parent or Guardian
(SEAL)
Pazent or Guardian
??rwt?trt??4t?MR/?Y/t???t??Rr#Y4/?M4RtYMrt/#?Rrt#?iY?trt?YR/r??wt?t/Yt
(SEAL)
Resident
(SEAL)
Parent or Guardian
(SEAL)
Parent or Guardian '
twst?ww4YR4YSwrttRRYR/trt4RrRR¦rr?wrrt/R?Rr#rt?/#?rRR#wssRRwrttYwrrR??
(SEAL)
Resident
(SEAL)
Parent or Guardian
(SEAL)
Parent or Guardian
??/rt4tw4Y4Rrt?t?44trtYRrtR44r#R##rt?¦RRr4?+kiRrt?#+F4R1?+F rtt/rMRMii4RiMRt/R
(SEAL)
Resident
(SEAL)
Parent or Guardian
(SEAL)
Parent or Guardian
RrtrRt?M4w4RSR4rti/•Y4RtY4#YrRR##Yr#+YV?RF4i?/?tYit## tiirtssRRRiww?FStis
Intending to be.legally bound, and in consideration of the lease with the above Resident, the
undersigned, jointly and severally, hereby become surety to Owner or Agent for the performance or the lease by
Resident and guarantees payment of all sums becoming owing to Owner or Agent by Resident. This agreement
shall remain in effect throughout the term of the lease or any renewal thereof. The liability of the undersigned is
absolute, continuing and unconditional and Owner or Agent shall not be required to proceed against Resident or
invoke any other remedy before proceeding against the undersigned. Owner or Agent expressly agrees to notify
the guarantor in the event of breach or default.
SIGNATURE OF OWNER OR AGENT:
j neror#'t?
ess
- -? n
Exhibit B
COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
and
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
No. `i y-
Civil Action
u
NOTICE TO DEFEND
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pa
717-249-3166
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA as Subrogee of Carl
Pedersen
530 Walnut Street-Philadelphia, PA
19106
No
V.
Steven M. Houck
523 W. Lisburn Road
Mechanicsburg, PA 17055-5830
-and-
Jack Joseph Spicer
c/o Cumberland County Prison
1101 Claremont Road
Carlisle, PA 17013
Civil Action
COMPLAINT
Plaintiff, INSURANCE PLACEMENT FACILITY OF PENNSYLVANIA as Subrogee of Carl
D. Pedersen (the "Insured") by and through its undersigned counsel avers as follows:
1. Plaintiff is an unincorporated non-profit association created by statute, 40 P,S.
law OlACef of
Mark J. Wollman
Airy I.D. No. 57127
sutra 700.34
The Pavilion
261 Old York Road
Jenkintown, PA 19046
(215)887.3505
1600.101-1600.502, Act of July 31, 1968, P.L. 738, to issue basic fire insurance policies In
the Commonwealth of Pennsylvania, and maintains a principal place of business at 630 Walnut
Street, Suite 1650 Philadelphia, Pennsylvania and is entitled by law and equity to bring this
action by virtue of an insurance payment made to Carl D. Pedersen (the "Insured") as
described in more detail below.
2. Plaintiff insured the Tau Kappa Epsilon fraternity house ("TKE House") located at
11 Britton Road, Shippensburg, Pennsylvania (the "Premises") under Policy of Insurance No
612180-97-0 effective from 02/12/97 to 02/12/98 (the "Policy"). A true and correct copy
of the declaration page of said Policy is attached as Exhibit A.
3. The defendant Jack Joseph Spicer ("Spicer") is an adult individual presently
incarcerated with an address of c/o Cumberland County Prison, 1 101 Claremont Road, Carlisle,
PA 17013.
4. Defendant Steven M. Houck is an adult individual with an address of 116 North
Fayette Street, Shippensburg, PA 17257 and/or 523 West Lisburn Road, Mechanicsburg, PA
17055
5. A major fire occurred on or about July 23, 1997 at the Tau Kappa Epsilon fraternity
house, which consumed and destroyed most of the house and contents therein (the "Fire" or
"Major Fire")
6. At the time of the fire, the defendants were present in and residing at the TKE
House.
7. The Major Fire complained of herein was caused by the re-kindling of a small,
earlier fire a few hours prior.
8. The small, earlier fire occurred when defendant Spicer, turned on an air conditioner
and went to sleep. He was awakened by a small fire burning at the end of his mattress which
he attempted to extinguish. The authorities were not called. He was assisted in the
extinguishment by Steven M. Houck who was previously sleeping in another room. The two
defendants left the burning and/or burnt bedding in the room and then removed batteries from
smoke alarm(s) in the Premises before the two moved to Houck's room to return to sleep.
9. Thereafter, fire re-kindled in the mattress which set surrounding consumables on
fire, igniting the Major Fire to the premises. The Major Fire engulfed the entire premises;
whereupon defendants finally awoke and escaped to safety through a window. A dog also
escaped the Fire with the defendants.
10. Pursuant to the Policy of Insurance, the Facility paid its Insured $102,238.04 in
partial indemnity for the reasonable actual cash value damages arising out of the Fire. By
-2-
virtue of its payment, the Facility became subrogated to the rights of its Insured and is entitled
by law and equity to proceed herein.
COUNTI
NEGLIGENCE
Insurance Placement Facility of Pennsylvania as subrogee of
Carl D. Pedersen v. Jack Joseph Spicer and Steven M. Houck
11. The foregoing paragraphs No. 1 through 10 are incorporated herein by reference.
12. The defendants owed a duty to the building owner, Carl Petersen, to use
reasonable precautions to guard against the outbreak of fire.
13. The defendants breached that duty and were careless and/or negligent in the
? om.a
Mark J. wollman
Atty I.D. No. 57127
Suite 700-34
The Pavilion
261 Old York Road
Jenkintown, PA 19046
(215) 887-3505
following, but not limited to, manner:
by:
a). failing to reasonably, competently, prudently and/or fully extinguish the first
fire;
b?. failing to report the first fire to the fire department;
c). failing to inspect the mattress for internal burning or heat build-up or deep-
seated fire within the mattress after the first, small fire;
d). failing to properly remove the subject mattress from the house after the first
fire so as to prevent the foreseeable outbreak of a second catastrophic fire in
the foreseeable event of re-kindling;
a). Removing the batteries for and/or otherwise disabling the smoke/heat
detectors and/or certain smoke/heat detector(s) in the Premises which would
cause a re-kindled fire to burn unnoticed with foreseeable catastrophic
consequences before it could be discovered by the defendants who were
sleeping in a remote location with doors shut;
f). failing to take other reasonable precautions after the discovery of the first,
small fire which the defendants knew or should have known would foreseeably
-3-
cause the rekindling of fire and ensuing Major Fire;
all of which foreseeably, proximately and directly caused the ignition and spread of the Major
Fire which substantially destroyed the Premises.
14. The damages sustained by the Insureds arising out of the Fire total at least
$102,738.04. The Facility paid its Insureds the Policy amount of $102,738.04 in partial
indemnity for the actual cash value damages sustained by the Insureds due to the Fire.
WHEREFORE, the Insurance Placement Facility of Pennsylvania as subrogee of Carl
D. Pedersen request judgment jointly and severally against the Defendants in the amount of
$102,738.04 plus interest and costs.
COUNT II
BREACH OF CONTRACT
Insurance Placement Facility of Pennsylvania as subrogee of Dr. Carl D. Pedersen v. James
E. Spicer and Steven M. Houck
15. The foregoing paragraphs No. 1 through 14 are incorporated herein by reference.
16. The defendants breached their Leases (attached as Exhibit B and Exhibit C hereto)
with the plaintiff's insured, Carl Petersen, by causing the Premises to burn, causing damage.
17. The following acts of negligence and carelessness constitute breaches of the
Leases of (See 16 ("Repeated Damage"); 18 ("Due car/Appliances")):
a)• failing to reasonably, competently, prudently and/or fully extinguish the first
fire;
b). failing to report the first fire to the fire department;
c). failing to inspect the mattress for internal burning or heat build-up or deep-
seated fire within the mattress after the first, small fire;
d). failing to properly remove the subject mattress from the house after the first
fire so as to prevent the foreseeable outbreak of a second catastrophic fire in
the foreseeable event of re-kindling;
-4-
e). Removing the batteries for and/or otherwise disabling the smoke/heat
detectors and/or certain smoke/heat detector(s) in the Premises which would
cause a re-kindled fire to burn unnoticed with foreseeable catastrophic
consequences before it could be discovered by the defendants who were
sleeping in a remote location with doors shut;
f). failing to take other reasonable precautions after the discovery of the first,
small fire which the defendants knew or should have known would foreseeably
cause the rekindling of fire and ensuing Major Fire;
all of which foreseeably, proximately and directly caused the ignition and spread of the Major
Fire which substantially destroyed the Premises.
18. The defendants' above acts constitute breach(es) of the express and/or implied
provisions of the lease between the defendants and Petersen which directly caused damages
of at least $102,738.04 to the premises.
19. Despite demand, the defendants have failed to pay this sum and are legally liable
for said payment.
WHEREFORE, the Insurance Placement Facility of Pennsylvania as subrogee of Carl
D. Pedersen request judgment jointly and severally against the Defendants in the. amount of
$102,738.04 plus interest and costs.
Mark J Wollmah, Esq.
Attorn y for Plaintiff
u.omusof
Mark J. Wollman
AlN I.D. No. 57127
Suite 700-34
The Pavilion
261 Old York Road
Jenkintown. PA 19046
(215) 887-3505
-5-
Verification
I, Mark Wollman, authorized representative of the plaintiff here hereby
state the statements made herein are true and correct to the best of my
knowledge, information and belief. I am aware that this is made under the
penalties of 18 PA C.S.A. section 4904 relating to unsworn falsification to
authorities.
ark W an
Date: July 21, 1999
..o-NlEt, BERS OF .... . • ._. . •: ?? ?;•'? g a?
_.,..r.t,t PLACEMENT FACILITY OF PENNSYLVANIA
A LIST OF THE COMPANIES AND THEIR PERCENTAGE PARTICIPATION IS ON FILE AT THE
INSURANCE DEPARTMENT IN HARRISBURG ANO A CCPY MAY BE OBTAINED AT THE FACILITY OFFICE.
NAMED INSURED MAILING ADDRESS OECLARATIONS
POL'CY NO. PFP'
RENEWAL
'•. e . ::': ` TERM L;': .. ..
RENFwAL ONE IMP. Jar TeI FXRMndN IAb, On V, 1 YEAR
NCON STANDARD :1u2 NOON STANDARD TIME
We will provide insurance described in this Policy in return for the premium and c=.C; lance with all applicable provisions at this polity. II we alter to renew, this policy, the
premium must be paid in advance of the above expiration date at else Ihis palicy wit expire. Upon receipt of the renewal premium and a prapeny campleted renewal application,
we will issue a renewal endorsement at new policy. This insurance applies to the cosc.nbed ICCahdn, coverage for which a limit of liability is shown and perilsinsured against fat
which a;Temium is slated.
AMOUNT I Pa.EMIUM cue
OF I COVERED CAUSES OF
INSURANCE RATF(51 AT NcrPT.'CN LO55
$ ...: CC!L $ ; EF t 5 .. .. 'J L: a FIRE. UGHTNWG. AND EKPLCSION
WINO. NAIL. SACKS, AIRCRAFT OR
$ : Li y $ - •• - S NKNOLE COLLAPSE. VOLCUIIACTION.
PERCENT Of
V L:Mm CF CO-INSURANCEI CESCRIPTION CF PROPERTY CC':eRcC OCAACN Is OEYRIOED iF DIFFERENT FROM AWL:NG AOORE59 APPLIES ONLY
wSURANCE APPtICABL: FOR WHICH A LIMIT OF MSUIUNC5:5 S C.VN. -MC'W CCCUPANCY CF eUIL01NG COVEREa CRC:NTAWNG THE PROPERTY COVERED.
i?r
DEOUCTtBLE S ]'.:.i. .. IN CASE OF LOSS UNDER THIS PCLICY. WE COVER ONLY THAT PART OF THE LOSS OVERT HE DEDUCTIBLE STATED.
FORMSAPPL:CABLE: '+' :a.' .. _ .... - _ .. ...
r PRODUCER
7.- 1
EXHIBIT
r"!'!
DATE AU THORtZEO fl
RESIDENTIAL LEASE AGREEMENT
11-US LEASE, made this 1st day of December, 1996 BETWEEN fir. Carl Pedersen the
Owner, I& MIN - S e (hereinafter whether
one or more, referred to "Resident"), jointly and severally:
WITNESSETH: That Owner hereby leases to Resident and the letter lets from the former, the
apartment/house designated as _11 Britton Road. ShiPpensburg PA 17057 hereater called the
"premises", for the tern of 1 year beginning on the 1 st day of June, 1997, and ending on the
31st day of May , 1998 , at the rent of 4g? "J 4 r e o t+"?, I r (a d DollarsLS 1
annually and monthly in installments of: t,4C,1,i ..5w, dadwi
Prior to the first day of the month for which it is due
at a discounted rate of g 19 ?I ?,
Between the first and the fifth day of the month due
at the face value of 5 d e 3• 0
After the fifth day of the month for which it is due
at the penaity rate of S 3 )3. 4 o
This letting is upon the following terms and conditions:
1. SECURITY DEPOSIT: Resident agrees to pay Owner a security deposit of Lj A
l
141.,NA J ,i n -: ?? ,rnyr• ip Dollars (5 ) upon signing of this agreement with receipt
herein acknowledged paid by . Resident agrees to pay the security deposit set forth
above prior to occupancy of the premises. The security deposit shall be held by Owner or Agent
as security for the payment of all rent and other amounts due From Resident to Owner or Agent,
for the Resident's 1S'erformance of this lease and against any damages caused to the premises or
any other part of Owner's or Agent's property by Resident, his family and guests. Resident
understands and agrees that the security deposit may not be applied as rent or against anv other
amount due from Resident to Owner or Agent without Owner's or Agent's written consent and
that the monthly rent will be paid each month, including the last month of the lease tern without
abatement for early vacancy by Resident. Within thirty(30) days following termination of this
lease and the physical vacating of the premises by the resident, the Owner or Agent shall return
the security deposit, less any deductions from it on account of amounts owed by Resident to
Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a
forwarding address which must be furnished by Resident in Writing. Upon terminating of lease
and vacating of the premises within the terms and conditions set forth in the lease, Resident shall
return all keys and all copies of keys to Owner or Agent's office within 24 hours of such v FJCHIBIT
If keys are not returned with the specified time period, Owner or Agent will have the 6
change the locks on the premises and charge such lock change to resident.
2. FAILURE TO PAY:Resident agrees to pay to Owner or Agent the monthly rate set forth
above on the 30th day of each month, in advance, at the Rental Offence of Owner or Agent or such
other place as Owner or Agent may from time to time request and further agrees to pay the first
and last months rent at the time of occupancy. IF the rental payment is not received by the 15th of
each month (as set forth above), Owner or Agent will reserve the right to proceed with the
necessary legal authorities to collect same.
2a. CHARGES FOR RETURNED CHECKS:
1. Residents check is returned by the bank for any reason (including, but no limited to,
insufficient funds, errors on the check, and a stop-payment order), resident must pay a service
charge of S25.00 in addition to other charges set forth.
II. Resident shall replace the returned check with a money order, certified check, or cashier's
check, payable to the Owner. Owner is not required to redeposit a returned check.
III. The returned check charge and late fees are immediately due and payable as additional rent
under the terms of the lease and are considered liquidated damages for Owner's bookkeeping and
clerical expenses.
IV. If Resident's rent check is returned, Owner reserves the right to require Resident to pay
future rent by money order, certified check or cashier's check.
V. Owner reserves the right to collect all additional penalities provided by law for checks not
honored by the bank.
3. TERMINATION: Qwner or Agent may terminate this lease without cause by giving thirty
(30) days prior written notice to Resident, but no termination by Owner or Agent without cause
may take effect during the one (1) year term of the lease.
4. SUB LETTING/USE:Resident agrees to use the premises only as the personal residence of
Resident and their children, and not to assign this lease or sublet the apartment. Resident agrees
not to alter or make additions to the premises, its painting, its fixtures, and chance locks without
Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice
injurious to the building, which may affect the insurance on the building, or which is contrary to
any law.
5. DRAINAGE: Resident shall not allow any hair, thread, strings, rags, sanitary napkins, or
rubbish of any kind to enter the drainage or waste pipes of the premises. Any damage caused by
the entry of one or more of such items into the drainage or waste pipes of the premises shall be
the Resident's responsibility.
6. REPEATED DAMAGE: Serious or repeated damage to the premises, any common areas or
any property of the Owner or Agent, is a violation of this lease agreement.
r,?
7. UTILIMES: Resident understands that the equipment for
utilities to serve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid
as follows:
Heating for premises to be paid by Resident
Heating of water for premises to be paid by Resident
Electricity for premises to be paid by Resident
Gas for premises(IF APPLICABLE)
to be paid by Resident
Sewer charge to be paid by Resident
Water consumption to be paid by Resident
Trash removal to be paid by Resident
Cable Television to be paid by Resident
Telephone to, be paid by Resident
Snow removal to be paid bv(sidewalk) Resident
Lawn maintenace to be paid by Owner
Resident agrees to pay the bills for said utilities when due. Owner shall have no obligation to provide
utilities that are the responsibility of the Resident. In the premises where the Resident provides the heat, the
premises must be kept sufficiently heated at all times during the lease to avoid damage to the premises. In
the premises where the Resident provides the heat, the Resident may not have the heat terminated for any
reason during the lease. Resident agrees that Ow-ter or Agent shall have the right temporarily to stop the
service of electricity, or water, or gas in the event of accident affecting the same or to facilitate repairs or
alterations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have
no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such
failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair
installations. ,
S. DUE CARE/ APPLIANCES: Resident agrees to use due care in the use of the premises,
the appliances therein, and all other parts or Ownees or Agent's property, to give notice to Owner or Agent
of the need for repair thereof, and to oav for all repairs to the apartment its contents and to all other parts of
members of Resident's family, or his visitors. Owner or Agent will make necessary repairs to the premises
and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for
repairs. The following appliances are the property of the Owner and shall not be tampered with or removed
from the premises. Any cost of repair or replacement for violation of the conditions of this lease clause shall
be the responsibility of the Resident.
RANGE: serial number
REFRIGERATOR serial number
OTHER APPLIANCES:
9. LIABILITY FOR INJURY:Resident agrees that Owner or Agent shall not be liable for
property damage or personal injury occurring in the premises or elsewhere on Owner's or Agent's property
unless the damage or injury results directly from Owner's or Agent's negligence.
10. RENTERS INSURANCE: All residents are required to carry "renters insurance" for the premises
with an amount equal or greater to the value of all personal belongings of the resident.
Name Insurer amount
1.
3.
4.
5.
6.
7.
8.
11. OCCUPANCY: If, due to circumstances beyond the Owner's or Agent's control, the premises shall not
be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent
shall be abated proportionately until the premises are so ready, and Owner or Agent shall not be liable for
delay; provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident
shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the
expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy
shall be limited to such right of cancellation, neither parry shall have any further right against the other, save
the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premises prior
to the beginning of the term, such occupancy shall be subject to the terms of this lease, and Resident shall
pay prior to occupying the premises rent for the same period from the date of such occupancy to the
beginning of said term.
12. DAB` EAGE BY FIRE OR OTHER CASUALTY: If the premises is damaged by fire or other casualty,
Owner or Agent shall repair it within a reasonable time and rent shall continue unless the casualty renders
the premises untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to
the date the premises is surrendered, shall not be liable for any further rent. If only a portion of the premises
is rendered untenantable, the Resident may, with mutual agreement of Owner or Agent, alternatively choose
to continue in possession and shall thereupon be entitled to a pro-rata reduction in the amount of rent,
provided that election to proceed under this alternative shall not be a waiver of the Resident's right to
terminate the lease.if repairs are not made within a reasonable time.
13. RIGHT OF ENTRY: Owner or Agent, or any person authorized by him, shall have the right to enter
the premises at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and
to show the premises to prospective residents. Reasonable times shall be defined as any time when the
Owner or Agent has given the Resident at least a 24 hour notice by telephone or in writing, however, such
notice shall not be required in the case of emergency or upon the Resident's request for maintenance work to
be completed.
14. PREMISES DESCRIBED/PROPERTY USE:This lease confers no rights on Resident to use for
any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased,
? e. e
except the walks and roadways giving access thereto and such other areas, if any, as Owner or Agent may
from time to time designate for the use of residents. When the use by Resident of any other portion of
Owner's or Agent's property is permitted, it shall be subject to the rules and regulations established by
Owner or Agent.
15. F.AMURE TO PAY RENT/DEFATJLT: If Resident shall fail to pay rent, or any other sum, to
Owner or Agent when due; shall default in any other provisions of this lease; or shall remove or attempt to
remove his possessions from the premises before paying to Owner or Agent all rent due to the end of the
lease term, Owner or Agent, in addition to all other remedies by law, may:
(a) discontinue utility service provided by owner;
(b) terminate this lease;
(c) bring an action or recover possession ofthe premises;
(d) bring an action to recover the whole balance of the rent and other charges due herein
under, of whatever kind and nature, together with any and all consequential damages caused by Resident's
default, including reasonable attorney's fees and/or fees charged by Owner or Agent and any court costs and
subsequent fees for the procurement of a State Constable and/or County Sheriff.
16. PETS: No Pets Allowed, Even Temporarily. No pets are allowed, even temporarily, anywhere in the
apartment, or apartment community. Residents must advise guests of this policy so they can make other
arrangements prior to their visit. If a pet has been in a Resident's apartment, even temporarily(with or
without our consent), Resident may be charged for de-fleaing, deodorizing, and/or shampooing.
17. POSSESSION: Resident agrees that all security deposits as well as the right to take possession of
the premises may be forfeited at the discretion of the owner if the resident does not take possession of the
leased premises within seven (7) days of the beginning of the lease term. Prior arrangements may be made
with the Owner in writipg prior to the first day of the lease to schedule a later possession date, however,
rent is still due from the beginning of the lease term.
18. WAIVER OF NOTICE TO QUIT: Resident hereby waives the usual notice to quit and agrees to
surrender the premises at the expiration of said lease term, or the terminations of this lease for whatever
reasons, forfeiture or otherwise without notice from the Owner or Agent whatsoever. If proceedings shall
be commenced by the Owner or Agent to recover possession of the premises, either at the expiration of the
term or earlier termination of the lease, or for non-payment or rent, or for any other reasons, Resident
specifically waives the right to 30 days notice and to any other notice required under the Landlord and
Tenant Act and agrees that not notice whatsoever shall be required.
19. OCCUPANCY REGULATIONS HEREIN AND ATTACHED: RESIDENT AGREES THAT
HE WILL COMPLY AND PROCURE COMPLLANCE OF MEMBERS OF HIS FAMILY, AND HIS
GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRINTED HEREON AND
WHICH ARE ATTACHED.
20. LIEN SUBORDINATION: This lease is subject and subordinate to the lien of all mortgages now
or at any time hereinafter placed upon any part of Owner's or Agent's property which includes
the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security
T
thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination
as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in
the name of Resident.
21. MUNICIPAL INSPECTIONS AND INSPECTION FEES: If the local municipality requires annual
or periodic inspections of your apartment in non-emergency situations, you have the right to:
(1) prior notice, including notice of the purpose and the subject of the inspection; and (2) proper
idenification from the inspector; and (3) to be present during the inspection. You also ave the right to deny
the municipal inspector access into your private residence unless a search warrant or similar legal process is
issued by a judge. Should you agree to permit the municipal inspection of your apartment, you will be
required to:
(1) make arrangements directly with the municipality. The landlord will not open your door ro permit the
municipal inspection. And,
(2) reimburse the Landlord for the inspection fee with the next monthly rent payment. The charge for the
inspection fee is to be considered additional minimum rent. You can avoid additional rent costs by
choosing not to permit the municpal inspection. However, the Landlord will be responsible for the
inspection fee(and will not charge you) should the municipality require the inspection under the authority of
a search warrant or similar lawful process which is issued by ajudge (not the municipality). To avoid the
rent charge in the amount of the inspection fee, you must provide the Landlord with a copy of the search
warrant or other legal process.
This provision does not change the inspection rights of the Landlord under paragraph 13
THIS AGREEMENT IS A LEGALLY BLYDLNG CONTRACT: IF YOU DO NOT UNDERSTAND
THIS AGREENIENT. PLEASE CONSULT AN ATTORNEY-AT-LAW::
22. RESMENTMOIiNT AND SEVERAL LEASE AGREENIENT:The term "Resident" used herein
shall refer collectively to all persons named above, and signing this lease as Resident, and the liability or each
such person shall be joint and several. Also signing on this lease shall be the parents or legal guardians of
resident who by signing hereafter shall be liable, jointly and severally, for the entire lease herein. Notice
given by Owner or'Agent to any person named as Resident or by any such person to Owner or Agent, shall
bind all persons signing this lease as Resident. The term "Resident" shall also refer to any persons named as
heirs, executors, administrators, successors, or the respective parties hereto as if they were in every case
named and expressed.
23. GENERa.L: No oral promises, representations or agreements have been made by the owner or any
owner's representative. This lease is the entire agreement between the parties. Owner's representatives (
including management personnel and other employees or agents ) do not have authority to make promises,
representations or agreements which impose duties of security or other obligations on owner's reresentatives
unless done in writing.
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Intending to be, legally bound, and in consideration of the lease with the above Resident, the
nundersigned, jointly a nil hereby become surety to Owner or Agent for the performance or the lease by
Resident and guarantees payment of all sums becoming owing to Owner or Agent by Resident. This agreement
shall remain in effect throughout the term of the lease or any renewal thereof. The liability of the undersigned is
absolute, continuing and unconditional and Owner or Agent shall not be required to proceed against Resident or
invoke any other remedy before proceeding against the undersigned. Owner or Agent expressly agrees to notify
the guarantor in the event of breach or default.
SIGNATURE OF OWNER OR AGENT:
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RESIDENTIAL LEASE AGREEMENT
THIS LEASE, made this 1st day of December, 1996 BETWEEN Dr Ga*I Pedersen the
Owner, ICA,ez M 4.6k (hereinafter whether
one or more, referred to a "Resident"), jointly and severally:
WITNESSETH: That Owner hereby leases to Resident and the letter lets from the former, the
apartment/house designated as 11 Britton Road. Shippensburg PA 17257 hereater called the
"premises", for the term of 1 year beginning on the I st day of June, 1997 and ending on the
3 I st day of May . 1998 at the rent of ,., wt o u,iDollars(S 2 t zs )
annually and monthly in installments of:
Prior to the first day of the month for which it is due
at a discounted rate of g 194
Between the first and the fifth day of the month due
at the face value of S 203.70
After the fifth day of the month for which it is due
at the penalty rate of S 2 t 3 'f0
This letting is upon the following terms and conditions:
1. SECUIUTY DEPOSIT: Resident agrees to pay Owner a security deposit of
&Mdr d nice - w- Dollars (3 I q4 ) upon signing of this agreement with receipt
herein acknowledged paid by}?,v Resident agrees to pay the security deposit set forth
above prior to occupancy of the premises. The security deposit shall be held by Owner or Agent
as security for the payment of all rent and other amounts due from Resident to Owner or Agent,
for the Resident's ?;rformance of this lease and against any damages caused to the premises or
any other part of Owner's or Agent's property by Resident, his family and guests. Reside
nt
understands and agrees that the security deposit may not be applied as rent or a3ainst any other
amount due from Resident to Owner or Agent without Owner's or Agent's written consent and
that the monthly rent will be paid each month. including the last month of the lease term without
abatement for early vacancy by Resident Within thirty(30) days following termination of this
lease and the physical vacating of the premises by the resident, the Owner or Agent shall return
the security deposit, less any deductions from it on account of amounts owed by Resident to
Owner or Agent, to Resident by check payable to all persons signing this lease mailed to a
forwarding address which must be furnished by Resident in Writing. Upon terminating of lease
and vacating of the premises within the terms and conditions set forth in the lease, Resident shall
return all keys and all copies of keys to Owner or Agent's office within 24 hours of such v
If keys are not returned with the specified time period, Owner or Agent will have the righ EXHIBIT
change the locks on the premises and charge such lock change to resident. I C--
6.4.
2. FAILURE TO PAY:Resident agrees to pay to Owner or Agent the monthly rate set forth
above on the 30th day of each month, in advance, at the Rental Office of Owner or Agent or such
other place as Owner or Agent may from time to time request and further agrees to pay the first
and last months rent at the time of occupancy. If the rental payment is not received by the 15th of
each month (as set forth above), Owner or Agent will reserve the right to proceed with the
necessary legal authorities to collect same.
2a. CHARGES FOR RETURNED CHECKS:
I. Residents check is returned by the bank for any reason (including, but no limited to,
insufficient funds, errors on the check, and a stop-payment order), resident must pay a service
charge of 525.00 in addition to other charges set forth.
II. Resident shall replace the returned check with a money order, certified check, or cashier's
check, payable to the Owner. Owner is not required to redeposit a returned check.
III. The renamed check charge and late fees are immediately due, and payable as additional rent
under the terms of the lease and are considered liquidated damages for Owner's bookkeeping and
clerical expenses.
IV. If Resident's rent check is returned, Owner reserves the right to require Resident to pay
future rent by money order, certified check or cashier's check.
V. Owner reserves the right to collect all additional penalities provided by law for checks not
honored by the bank.
3. TERMLYATION: Qwner or Agent may ter-ninate this lease without cause by giving thirty
(30) days prior written notice to Resident, but no termination by Owner or Agent without cause
may take effect during the one (1) year term of the lease.
4. SUB LETTLNG/USE:Resident agrees to use the premises only as the personal residence of
Resident and their children, and not to assign this lease or sublet the apartment. Resident agrees
not to alter or makb additions to the premises, its painting its fixtures, and change locks without
Owner's or Agent's written consent. Resident agrees not to do or to permit any act or practice
injurious to the building, which may affect the insurance on the building, or which is contrary to
any law.
5. DRALNAGE: Resident shall not allow any hair, thread, strings, rags, sanitary napkins, or
rubbish of any kind to enter the drainage or waste pipes of the premises. Any damage caused by
the entry of one or more of such items into the drainage or waste pipes of the premises shall be
the Resident's responsibility.
6. REPEATED DAMAGE: Serious or repeated damage to the premises, any common areas or
any property of the Owner or Agent, is a violation of this lease agreement.
i,t
7. UTILITIES: Resident understands that the equipment for
utilities to serve the premises is installed therein and Resident agrees that the cost of the utilities shall be paid
as follows:
Heating for premises to be paid by Resident
Heating of water for premises to be paid by Resident
Electricity for premises to be paid by Resident
Gas for premises(IF APPLICABLE)
to be paid by
Sewer charge to be paid by Resident
Water consumption to be paid by Resident
Resident
Trash removal to be paid by Resident
Cable Television to be paid by Resident
Telephone to be paid by Resident
Snow removal to be paid by(sidewalk) Resident
Lawn maintenace to be paid by Owner
Resident agrees to pay the bills for said utilities when due. Owner shall have no obligation to provide
utilities that are the responsibility of the Resident. In the premises where the Resident provides the heat, the
premises must be kept sufficiently heated at all times during the lease to avoid damage to the premises. In
the premises where the Resident provides the heat, the Resident may not have the heat terminated for any
reason during the lease. Resident agrees that Owner or Agent shall have the right temporarily to stop the
service of electricity, or water, or gas in the event of accident affecting the same or to facilitate repairs or
alterations made in the premises or elsewhere in Owner's or Agent's property. Owner or Agent shall have
no liability for failure to supply heat, air conditioning, hot water or other services or utilities when such
failure shall be beyond Owner's or Agent's control or to enable Owner or Agent to service or repair
installations.
8. DUE CARE/ APPLIANCES: Resident agrees to use due care in the use of the premises,
the appliances therein, and all other parts or Owner's or Agent's property, to give notice to Owner or Agent
of the need for repair thereof, and to pav for all repairs to the apartment its contents and to all other s of
Owner's or Agent's" property which are necessitated by any act or lack of care on the part of Resident
members ofResident's fa*ily or his vi hors Owner or Agent will make necessary repairs to the premises
and the appliances therein within a reasonable time after Resident notifies Owner or Agent of the need for
repairs. The following appliances are the property of the Owner and shall not be tampered with or removed
from the premises. Any cost of repair or replacement for violation of the conditions of this lease clause shall
be the responsibility of the Resident.
RANGE: serial number
REFRIGERATOR serial number
OTHER APPLIANCES:
9. LIABILITY FOR INJURY:Resident agrees that Owner or Agent shall not be liable for
property damage or personal injury occurring in the premises or elsewhere on Owner's or Agent's property
unless the damage or injury results directly from Owner's or Agent's negligence.
10. RENTERS INSURANCE: All residents are required to carry "renters insurance" for the premises
with an amount equal or greater to the value of all personal belongings of the resident.
Name Insurer amount
1.
3.
4.
5.
6.
7.
8.
11. OCCUPANCY: If, due to circumstances beyond the Owner's or Agent's control, the premises shall not
be ready for occupancy at the beginning of the term, this lease shall nevertheless remain in effect and the rent
shall be abated proportionately until the premises are so ready, and Owner or Agent shall not be liable for
delay; provided, that if the premises shall not be for occupancy sixty (60) days after said beginning, Resident
shall have the right to cancel this lease by written notice delivered to Owner or Agent at any time after the
expiration of said sixty (60) days, but not after the premises are ready for occupancy. Resident's remedy
shall be limited to such right of cancellation, neither party shall have any further right against the other, save
the Owner or Agent shall repay any deposits made by Resident. If Resident shall occupy the premises prior
to the beginning of the term, such occupancy shall be subject to the terms of this lease, and Resident shall
pay prior to occupying the premises rent for the same period from the date of such occupancy to the
beginning of said term.
12. DAiYLAGE BY FIRE OR OTHER CASUALTY: If the premises is damaged by fire or other pasualty,
Owner or Agent shall repair it within a reasonable time and rent shall continue unless the casualty renders
the premises untenantable, in which case this lease shall terminate and Resident, upon payment of all rent to
the date the premises is surrendered, shall not be liable for any further rent. If only a portion of the premises
is rendered untenantable, the Resident may, with mutual agreement of Owner or Agent, alternatively choose
to continue in possession and shall thereupon be entitled to a pro-rata reduction in the amount of rent,
provided that election to proceed under this alternative shall not be a waiver of the Resident's right to
terminate the lease if repairs are not made within a reasonable time.
13. RIGHT OF ENTRY: Owner or Agent, or any person authorized by him, shall have the right to enter
the premises at reasonable times to inspect, make repairs or alterations as needed, to enforce this lease, and
to show the premises to prospective residents. Reasonable times shall be defined as any time when the
Owner or Agent has given the Resident at least a 24 hour notice by telephone or in writing, however, such
notice shall not be required in the case of emergency or upon the Resident's request for maintenance work to
be completed.
14. PREMISES DESCRIBED/PROPERTY USE:This lease confers no rights on Resident to use for
any purpose any of the property of Owner or Agent other than the interior of the apartment hereby leased,
c ut
except the walks and roadways giving access thereto and such other areas, if any, as Owner or Agent may
from time to time designate for the use of residents. When the use by Resident of any other portion of
Owner's or Agent's property is permitted, it shall be subject to the rules and regulations established by
Owner or Agent.
15. FAILURE TO PAY RENT/DEFAULT: If Resident shall fail to pay rent, or any other sum, to
Owner or Agent when due; shall default in any other provisions of this lease; or shall remove or attempt to
remove his possessions from the premises before paying to Owner or Agent all rent due to the end of the
lease term, Owner or Agent, in addition to all other remedies by law, may:
(a) discontinue utility service provided by owner;
(b) terminate this lease;
(c) bring an action or recover possession of the premises;
(d) bring an action to recover the whole balance of the rent and other charges due herein
under, of whatever kind and nature, together with any and all consequential damages caused by Resident's
default, including reasonable artomey's fees and/or fees charged by Owner or Agent and any court costs and
subsequent fees for the procurement of a State Constable and/or County Sheriff.
16. PETS: No Pets Allowed, Even Temporarily. No pets are allowed, even temporarily, anywhere in the
apartment, or apartment community. Residents must advise guests of this policy so they can make other
arrangements prior to their visit. If a pet has been in a Resident's apartment, even temporarily(with or
without our consent), Resident may be charged for de-fleaing, deodorizing, and/or shampooing.
17. POSSESSION: Resident agrees that all security deposits as well as the right to take possession of
the premises may be forfeited at the discretion of the owner if the resident does not take possession of the
leased premises within seven (7) days of the beginning of the lease term. Prior arrangements may be made
with the Owner in writing prior to the first day of the lease to schedule a later possession date, however,
rent is still due from the beginning of the lease term.
18. WAIVER OF NOTICE TO QUIT: Resident hereby waives the usual notice to quit and agrees to
surrender the premises at the expiration of said lease term, or the terminations of this lease for whatever
reasons, forfeiture or otherwise without notice from the Owner or Agent whatsoever. If proceedings shall
be commenced by the Owner or Agent to recover possession of the premises, either at the expiration of the
term or earlier termination of the lease, or for non-payment or rent, or for any other reasons, Resident
specifically waives the right to 30 days notice and to any other notice required under the Landlord and
Tenant Act and agrees that not notice whatsoever shall be required.
19. OCCUPANCY REGULATIONS HEREIN AND ATTACHED: RESIDENT AGREES THAT
HE WILL COMPLY AND PROCURE CONDLLANCE OF MENMERS OF HIS FAMILY, AND HIS
GUESTS WITH THE OCCUPANCY REGULATIONS WHICH ARE PRI14TED HEREON AND
WHICH ARE ATTACHED.
20. LIEN SUBORDINATION: This lease is subject and subordinate to the lien of all mortgages now
or at any time hereinafter placed upon any part of Owner's or Agent's property which includes
the apartment, to extensions or renewals thereof, and to all advances now or hereafter made on the security
6.44.
thereof. Resident agrees, upon request, to execute such further instruments evidencing such subordination
as Owner or Agent may request, and if Resident fails to do so, Owner or Agent is empowered to do so in
the name of Resident.
21. MUNICEPAI. INSPECTIONS AND INSPECTION FEES: If the local municipality requires annual
or periodic inspections of your apartment in non-emergency situations, you have the right to:
(1) prior notice, including notice of the purpose and the subject of the inspection; and (2) proper
idenification from the inspector; and (3) to be present during the inspection. You also ave the right to deny
the municipal inspector access into your private residence unless a search warrant or similar legal process is
issued by a judge. Should you agree to permit the municipal inspection of your apartment, you will be
required to:
(1) make arrangements directly with the municipality. The landlord will not open your door to permit the
municipal inspection. And,
(2) reimburse the Landlord for the inspection fee with the next monthly rent payment. The charge for the
inspection fee is to be considered additional minimum rent. You can avoid additional rent costs by
choosing not to permit the municpai inspection. However, the Landlord will be responsible for the
inspection fee(and will not charge you) should the municipality require the inspection under the authority of
a search warrant or similar lawful process which is issued by a judge (not the municipality). To avoid the
rent charge in the amount of the inspection fee, you must provide the Landlord with a copy of the search
warrant or other legal process.
This provision does not change the inspection rights of the Landlord under paragraph 13.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT: EF YOU DO NOT UNDERSTAND
THIS AGREEMENT. PLEASE CONSULT AN ATTOR-NEY-AT-LAW!!
22. RESIDENT/JOINT AND SEVERAL LEASE AGREEMENT:The tern "Resident" used herein
shall refer collectively to all persons named above, and signing this lease as Resident, and the liability or each
such person shall be joint and several. Also signing on this lease shall be the parents or legal guardians of
resident who by signing hereafter shall be liable, jointly and severally, for the entire lease herein. Notice
given by Owner or Agent to any person named as Resident or by any such person to Owner or Agent, shall
bind all persons signing this lease as Resident. The term "Resident" shall also refer to any persons named as
heirs, executors, administrators, successors, or the respective parries hereto as if they were in every. case
named and expressed.
23. GENERAL: No oral promises, representations or agreements have been made by the owner or any
owner's representative. This lease is the entire agreement between the parties. Owner's representatives (
including management personnel and other employees or agents ) do not have authority to make promises,
representations or agreements which impose duties of security or other obligations on owners reresentatives
unless done in writing.
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SIGNATURE OF OWNER OR AGENT:
Intending to be, legally bound, and in consideration of the lease with the above Resident the
undersigned, jointly and severally, hereby become surety to Owner or Agent for the performance or the lease by
Resident and guarantees payment of all sums becoming owing to Owner or Agent by Resident. This agreement
shall remain in effect throughout the term of the lease or any renewal thereof. The liability of the undersigned is
absolute, continuing and unconditional and Owner or Agent shall not be required to proceed against Resident or
invoke any other remedy before proceeding against the undersigned. Owner or Agent expressly agrees to notify
the guarantor in the event of breach or default.
Own" tt
MEL
Witness
S.fI.
CERTIFICATE OF SERVICE
I, Jessica Brady, an authorized representative of Margolis Edelstein, hereby certify that I
have served a true and correct copy of the foregoing document upon all counsel and parties of
record this 17th day of July, 2001, by placing the same in the United States First Class Mail, postage
prepaid, at Camp Hill, Pennsylvania, addressed as follows:
James P. Carfagno, Esquire
Law Offices of John M. Clark, L.L.C.
Two Penn Center - Suite 200
Philadelphia, PA 19102
Mr. James E. Spicer
116 North Fayette Street
Shippensburg, PA 17257
By:
J sica Brady
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I . I -
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, as Subrogee of
Carl Pederson,
No.: 99-4435
Typc of Case: Civil Action
Defendant(s)
Type of Pleading:
TRIAL BRIEF
JURY TRIAL DEMANDED
Filed on Behalf of Plaintiff:
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA
Counsel of Record for this Party:
Patricia Haas Corll, Esquire
Court I.D. No.: 59238
Defendants
WEBER GALLAGHER SIMPSON
STAPLETON FIRES & NEWBY, LLC
800 North Third Street, Second Floor
Harrisburg, PA 17102
(717) 237-6940
Counsel of Record for Adverse Party:
Richard H. Wix, Esquire
V.
Plaintiff(s)
STEVEN M. HOUCK and
JACK JOSEPH SPICER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INSURANCE PLACEMENT FACILITY
OF PENNSYLVANIA, as Subrogee of No.: 99-4435
Carl Pederson,
Plaintiff(s)
V.
STEVEN M. HOUCK and
JACK JOSEPH SPICER,
Defendant(s)
PLAINTIFF'S. INSURANCE PLACEMENT FACILITY OF
PENNSYLVANIA. A/S/O
CARL PEDERSON, TRIAL BRIEF
1. STATEMENT OF FACTS:
This action arises from a fire that occured on July 23, 1997 at Tau Kappa Epsilon Fraternity
house. The house was largely destroyed by this fire.
On or about April 23, 1999, a Complaint was filed against Steven M. Houck and James E.
Spicer at docket 99-2441. This Complaint alleged two Counts - one in negligence and one in breach
of contract. On July 22, 1999 a second Complaint was filed in this matter at docket 99-4435. This
Complaint was filed against Steven M. Houck and Jack Joseph Spicer, apparently the brother of the
originally named James E. Spicer. This Complaint also alleged negligence and breach of contract.
A motion to consolidate the two actions was filed on August 8, 2001, as the Complaints were
virtually identical, with the exception of the substitution of Jack Joseph Spicer as a party for his
brother James E. Spicer. This Motion was grated by the Honorable Edgar J. Bayley on August 9,
2001.
Prior to the consolidation of these cases, a default judgment was obtained against Jack Joseph
Spicer on or about September 3, 1999.
Thus, the only issues to be decided are the negligence and breach of contract issues against
Defendant Steven M. Houck and the damages flowing therefrom and the damages attributable to
Defendant Jack Joseph Spicer.
II. NEGLIGENCE AS TO DEFENDANT HOUCK
To establish a viable cause of action in negligence, a pleader must aver in his complaint
the following elements;
1) a duty or obligation recognized by the law requiring the actor to conform to a
certain standard of conduct for the protection of others against unreasonable risks
of failure on the person's part to conform to the standard required; and
2) a breach of the duty; and
3) a reasonably close causal connection between the conduct and the resulting
injury and actual loss or damage resulting to the interest of another.
See Ferry v. Fisher, 709 A.2d 399, 402 (Pa. Super. 1998). See also, JEJ v. Tri-County Big
Brothers Big Sisters. Inc, 692 A.2d 582 (Pa. Super. 1997)( holding that the elements of
negligence are duty owed, a breach of that duty, a causal connection between the breach and the
resulting injury and actual damages or loss).
2
Thus, as we examine Defendant Houck's conduct, the threshold question in negligence is
whether Mr. Houck owed a duty to Dr Pederson, and hence to the Plaintiff in this matter,
Insurance Placement Facility.
Section 323 of the Restatement (2d) of Torts has been cited and discussed in over 100
cases in the Commonwealth of Pennsylvania. See Filter v. McCabe, 1999 Pa. Super. 143, 733
A.2d 1274 (Pa. Super. 1999). More importantly, § 323 of the Restatement 2d of Torts has been
adopted as an accurate statement of the law in this Commonwealth by the Pennsylvania Supreme
Court. See Gradel v. Inoue, 491 Pa. 534, 421 A.2d 674 (1980); DeJesus v. Liberty Mutual
Insurance Co., 423 Pa. 198, 223 A.2d 849 (1966). This section states as follows:
"One who undertakes, gratuitously or for consideration, to render services to
another which he should recognize as necessary for the protection of the other's
person or throes, is subject to liability to the other for physical harm resulting
from his failure to exercise reasonable care to perform his undertakine, if (a) his
failure to exercise such care increased the risk of harm, or (b) the harm is suffered
because of the other's reliance upon the undertaking.
§323 of the Restatement (2d) of Torts (emphasis added).
Expanding upon the application of §323, the drafters indicated that
[Tlhis Section applies to any undertaking to render services to another which the
defendant should recognize as necessary for the protection of the other's person or
throes. It applies whether the harm to another or his thin as results from the
defendant's negligent conduct in the manner of his performance of the
undertakine or from his failure to exercise reasonable care to complete it or
protect the other while he discontinues it.
Comment A: §323 Restatement 2d of Torts (emphasis added), ace also Feld v. Merriam, 506 Pa.
383, 485 A.2d 742 (Pa. 1984).
Moreover, as the comments to Section 323 make it clear, once an individual undertakes to
perform an action, even in the absence of a duty to do so, he must act non-negligently to protect
the other's person OR THINGS. Indeed, the Superior Court has discussed the application of
Section 323 in a property damage case which arose from the failure of a utility to warn property
owners that it was going to release flood waters from a lake behind a hydro electric dam. In
Engle v. West Penn Power, 409 Pa. Super. 462, 598 A. 2d 290 (1991), the issue was whether
West Penn Power was negligent in improperly obstructing or releasing flood waters from the
Lake Lynn Dam and/or in failing to adequately notify the individuals or entities who ultimately
suffered property damage. 409 Pa. Super. at 468. The failure to wam theory was brought under
Section 323 of the Restatement 2d of Torts. 409 Pa. Super. at 471.
Here too, Section 323 applies to Defendant Houck, and imposes a duty upon him, which
he breached.
Moreover, under §323, once a Plaintiff has introduced evidence that a defendant is
negligent, there is a relaxed standard for causation - whether the defendant's conduct increased
the risk of harm to Plaintiff's property. It then becomes a question for the jury as to whether or
not that increased risk was a substantial factor in producing the harm. Hamil v. Bashline, 481 Pa.
256, 269, 392 A.2d 1280, 1286 (1978).
III. BREACH OF CONTRACT AS TO HOUCK
Defendant Houck admitted in his deposition that he signed a lease agreement with Carl
Pederson, the Plaintiffs insured in this matter. This contract was also made part of the pleadings
in this case as it was appended to and referenced in both Complaints in this matter. Specifically,
it is alleged that Defendant Houck breached paragraphs 6 and 8 of the Agreement. These items
specifically state:
REPEATED DAMAGE: Serious or repeated damage to the
premises, any common areas or any property of the Owner or
Agent, is a violation of this lease agreement
DUE CARE/APPLIANCES: Resident agrees to use due care in the use of the
premises, the appliances therein, and all other parts or Owner's or Agent's
Property, to give notice to Owner or Agent of the need for repair thereof, and to
pay for all repairs to the apartment its contents and to all other parts of Owners or
Agent's property which are necessitated by any act or lack of care on the part of
Resident, members of Resident's family, or his visitors
Rental Contract (emphasis added and in original).
While due care is predominantly discussed in the negligence context, it has been defined,
nevertheless as, " the care which a reasonable prudent person would exercise under the
conditions set forth by the facts of the case." Brown v. Tinnenv, 280 Pa. Super. 512, 421 A.2d
839(1980).
Thus, Defendant Hoec. agreed to act as a reasonable prudent person in the use of the
premises, appliances and property he leased from Dr. Pederson. If he did not, he is liable in
breach of contract for all the repairs to the property necessitated by his conduct.
IV. JOINT AND SEVERAL LIABILITY
On June 19, 2002 Senate Bill No. 1089 was signed into law. This Act, now known as
Act 57, in essence does away with the law of joint and several liability in the Commonwealth of
Pennsylvania. However, it is not applied retroactively. Indeed, Act 57 which took effect on
August 18, 2002 is only applicable to causes of action accrued after that date.
Here the cause of action accrued in 1997, and the case was filed in 1999. Thus the
provisions of Title 42 Section 7102 which allow for a plaintiff to recover the full amount of the
. .. •• •.. .-. ... u.?vN"I:t[ "1'Y...<.I.WY`.LI,eY?
allowed recovery from any defendant against whom the plaintiff is not barred are applicable
herein,
Respectfully submitted,
WEBER GALLAGHER SIMPSON STAPLETON
FIRES & NEWBY, LLP
o.Patn Haas II, Esquire
e C urt ID. No.: 59238
h ird Street, 2nd Floor
r , PA 17102
Phone: 717.237.6940
Fax: 717-237-6949
Counsel for Plaintiff
Dated: July, 2003
6
CERTIFICATE OF SERVICE
I, Patricia Haas Corll, Esquire, hereby certify that I am this day serving a copy of the
foregoing Plaintiffs Trial Brief via hand delivery upon the below persons(s) which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure.
July, 2003
Richard Wix, Esquire
Wix Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17100
#22
INSURANCE PLACEMENT IN THE COURT OF COMMON PLEAS OF
FACILITY OF PENNSYLVANIA, CUMBERLAND COUNTY, PENNSYLVANIA
as subrogee of Carl Pederson,
Plaintiff
V.
STEVEN M. HOUCK and
JAMES E. SPICER,
Defendants
CIVIL ACTION - LAW
NO. 99-4435 CIVIL TERM
PRETRIAL CONFERENCE
AND NOW, this 18th day of June, 2003, before Edgar B.
Bayley, Judge, present for the Plaintiff was Patricia Corll,
Esquire, and for Defendant Steven M. Houck, Richard H. Wix,
Esquire. Defendant James E. Spicer has not entered an
appearance.
The case is ready for trial and should take one and a
half to two days. A pretrial conference memo of February 19,
2003, sets out the issues. The case should not be listed for
Monday but can be tried Tuesday or beyond.
Patricia Corll, Esquire
For Plaintiff
Richard H. Wix, Esquire -
For Defendant Steven M. Houck C
P-'prs _
INSURANCE PLACEMENT
FACILITY OF
PENNSYLVANIA,
Plaintiff
V.
STEVEN M. HOUCK and
JACK JOSEPH SPICER,
Defendants
Question 1:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4435 CIVIL TERM
VERDICT SLIP
Do you find that either of the Defendants was negligent?
Jack Joseph Spicer Yes X No
Steven M. Houck Yes No X
If you answered Question I "No," as to Defendant Houck, Plaintiff can not
recover as to him and you should return to the courtroom. If you answered Question I
"Yes," as to Defendant Houck, you should proceed to Question 2.
Question 2:
As to each Defendant found negligent, was the Defendant's negligence a factual
cause of any harm to Plaintiff?
Jack Joseph Spicer Yes X No
Steven M. Houck Yes No
If you answered Question 2 "No," as to Defendant Houck, Plaintiff can not
recover as to him and you should return to the courtroom. If you answered Question 2
"Yes," as to Defendant Houck, you should proceed to Question 3.
Question 3:
State the total amount of damages, if any, sustained by Plaintiff as a result of the
fire:
TOTAL $
7'11P1 se po.3 (zr
(Date) (Foreperson)
•
CASE NO.:
4;1 Judge_ ClerklProth VTlpstaH_
COU
71C
RTROOM NO.:
DOCKET NO.: 99. 4 `I 3 5 C L'd 71
,,..,
, DATE:
Juror# Name Random No.
1 86 Line, Michael R
2104063596
2 93 Witmer, Harry D -2093352607
1 112 Junga, Carol M -2005834197
.4 - -.1 o er T -C-
-1852798914
118 Sigafoos, John H -1766596452
_ 9; Geretter4ene-E- -1699030853
O °Z -1521329694
-1488094982
9 102 Tappan, Adrienne R -1303269448
10 89 Smithson, Ross W -1257167099
it 107 Tate, Robert M -1057059537
12 117 Sanders, Patrick F -900749593
13 123 Bailey, Brenda Sue -836685208
14 114 Phillips, .John B -780560496
15 92 Myers, Phillip R -649061664
16 ey,' et
? -540090381
17
ifil
I t
-532188398
x 97 Wakefield, Ralph A -289163028
19
7062741
2t1 104 Vandling, Charlotte M 305869657
21 "s kak:A k p3 613090385
22 119 Bert, Bradley T 879403885
2 3 106 Koleno, Sharlene L 1036647590
_14 108 Bittinger, Keith G 1079446340
?5 96 Hartman, John D 1444536951
'_ti 95 Clark, Andrew S 1518205966
27 98 Galer, Miriam M 1871415677
2S 122 Keisling, Margaret L 1939688291
29 120 Fulton, Douglas K 2144512042
G v '-L Lc%e%e /. 30/P 1 .
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9
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