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Home My WebLink About03-3460THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 S. 21st Street Philadelphia, PA 19103 (215) 988-9600 Attorney for Plaintiff Old Guard Insurance Co. 1 Park Circle Westfield Center, OH 44251 Individually and as Subrogee on behalf of John C. Trabosh and John C. Trabosh 875 Main St. Mohrsville, PA 19541 VS. Randy Heckman 19 Spring Street Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 JUDGEMENT 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 24903166 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 S. 21st Street Philadelphia, PA 19103 (215) 988-9600 Attorney for Plaintiff Old Guard Insurance Co. 1 Park Circle Westfield Center, OH 44251 Individually and as Subrogee on behalf of John C. Trabosh and John C. Trabosh 875 Main St. Mohrsville, PA 19541 vs. Randy Heckman 19 Spring Street Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUMTY NO.: COMPLAII~T IN CIVIL ACTION 1. John C. Trabosh (the "Plaintiff"), is an adult individual residing at the address above-captioned. 2. Plaintiff, Old Guard Insurance Co. is a corporation duly authorized to conduct business within the Commonwealth of Pennsylvania, and is Subrogated to the rights of the Plaintiff arising out of the within claim. 3. Randy Heckman (the "Defendant"), is an individual residing at the above-captioned address. 4. On or about October 11, 2002, the Plaintiff did own and possess the property listed above involved in the accident hereinafter referred to. 5. On or about October 2000, the Defendant was contracted to repair the roof on the aforesaid property involved in the accident hereinafter referred to. 6. On or about October 11, 2002, the Plaintiff was in the property and found the damages which were caused by the damaged roof. 7. At the time and place aforesaid, the negligence, carelessness, recklessness and wantonness of the Defendant consisted of the following: (a) Failing to obtain and use newly purchased equipment to repair the roof; (b) Failing to inform the Plaintiff that certain equipment was reused and not replaced; (c) Other acts of negligence, carelessness, recklessness, and/or wantonness which may be ascertained from information obtained during the course of discovery and/or trial of this matter; and (d) Being otherwise careless, reckless, negligent and wanton. 8. As a result of Defendant's negligent, careless, reckless and wanton actions, the Plaintiff's property sustained damages in the amount of $1,401.56. True and correct copies of the inspection report and payment history from Old Guard Insurance Co. are attached hereto and incorporated herein as Exhibit "A". At all times material hereto the Plaintiff was insured by plaintiff, Old Guard Insurance Co.. 10. As a further result of the Defendants' negligence, Old Guard Insurance Co., has made compensation for said properly loss to the Plaintiff. 11. Plaintiff, Old Guard Insurance Co., Individually and as Subrogee on behalf of the Plaintiff, has paid money to the Plaintiff for property damage in the amount of $1,401.56, for which Plaintiff demands remuneration from the Defendant. WHEREFORE, Plaintiffs, John C. Trabosh and old Guard Insurance Co., Individually and as Subrogree on behalf of John C. Trabosh, claim damages from the Defendant, in the amount of $1,401.56, and/or any other damages this Honorable Court deems just and proper, including attorney's fees and court costs from the Defendant, for arbitration purposes only. GORDON & WEINBERG, P.C. P01D 2006762 VERIFICATION PAUL M. SCHOFIELD, JR.,ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made relating to unsworn subject falsification to authorities. HOFIELD, Dated: July 10, 2003 to the penalties of 18 Pa.C.S.A. Section 4904 JR.,ESQUIRE EXHIBIT "A" 18/11/2882 11:31 S105625~- STRAUSSER/C21 EPT P~GE 82 (610) 92~- 5~7~ ~'. '~ ?""'~.~, ; ....... :~OMORT~..~pO BOX 47020 DORAV:LLE GA 30362 Old Guard :LAIN NON, ER ~ ~ Y~ LOSS DATE 0204827 ~ 10/11/02 [NSURED'S NAJ,IE & ADDRESS JOHN C TRAHOSH III DEBORAH K TRABOSH 875 MAIN ST MOIiRSVILLE PA 19541 610-926-5675 CLAIM INFORMATION POLICY N~BER ~FFE~IVE DATE EXPIATION ~TE HO224269 I 11/30'/01 11/30/02 10/14/02 Strausser Ins. Agency, Inc. 0231 401 S. Fourth St,P.O. Box 484 Hamburg, PA 19526-0484 610-562-2048 CLAIMS )DJUSTER'S NAME &ADORESS GEORGE KOLLAND, P 0 BOX 846 ROYERSFORD, PA. 610-454-9692 00000 JR 19468 S~TE ~UNTY PA 06 BERGS WATER DAMAGE - LEAKING ROOF SUIT CAT/kSl'ROPHE CLAIMANT ~ 01 NAME &AOORESS JOHN C TPJkBOSH III DEBORAH K TRABOSH 875 MAIN ST MO~RSVILLE PA 19541 610-926-5675 CLAIMANT NAME & ADDRESS A COV A DWELLING 05 WATER DAMAGE PROPERTY 01 SUB CAUSE RESERVE ANOUNT I PAYMENT AMOUNT RESERVE AMOUNT I PAYMENT AMOUNT 2,000 CLAIMANT NAJ4E & ADDRESS INSURED: YES CLAIMANT: YES REINSURRNCE: YES OATE LAST RESERVE REVISION: DATE LAST STATUS REPORT: SALVAGE NO NO NO RESERVE AMOUNT PAYMENT A~OUNT RESERVE AMOUNT PAYMENT AMOUNT CLOSE SA[ CLOSE SA( OATE FIPJ December 10, 2002 Mr. Randy Heckman 210 Adams St. Mohrsville, PA 19541 RE: Claim No.: Insured: Date of Loss: 0204827 John and Deborah Trabosh 10-11-02 Dear Mr. Heckman: The Westfield Group has been presented with a claim from our policyholder for damages. Our preliminary investigation reveals that you are legally liable for these damages. The purpose of this letter is to put you on notice of our subrogation rights. We sent out Elite Restoration to inspect the roof. They found that the original step flashings along the dormer were not replaced when you replaced the roof. They are causing the shingles to lift and water to leak. Although the repairs to the roof were not covered the water damage to the interior, 1401.56, was covered and paid. We are requesting reimbursement of the 140t.56 from you. We are advising you that our policyholder has no authority to give you a release for the amount of their damages. They have communicated their intent to pursue reimbursement for these damages through ~heir policy with this company. If you are insured, we strongly recommend that you forward this letter to your carrier at your earliest convenience. If you are uninsured, please contact our office immediately sc that we may discuss this situation. We appreciate your prompt attention to this matter. further questions regarding this claim, please feel our office at 1-610-454-9692. Sincerely, If you have any free to contact George F. Holland Jr. CI~ms A~u~ PO Box 846 Royersford, PA 19468 1-610-454-9692 cc: John and Deborah Trabosh RECO' 'RY DEPARTMENT REFE ' AL Company: WESTFIELD GROUP Date of Loss: 10-11-02 ~ol~cynotaer: Jonn L;, and .~eooran f raD_o_SJU .... Address: 875 Main St Mohrsville, PA 19541 Telephone: 6109265675 (Jia~m NumDer:__0204827_ ................. Cause of Loss: water Policy Type: ho3 ......... damage Loss LOCa[ion(Address, County, State); same Agent (name & num~er):Strausser Deductible/Applied to: Settlement Final Amount Paid or Reserves per Coven~ge: rcv 1401.56 less 250 dad net 1151.56 Summary of Loss: Roofer, Randy Hackman replaced roof. Roof leaked causing interior water damage which we covered under HO3 Policy. Elite rest. insp roof and reported roofer used old step flashings instead of replacing. Step flashings are raised and water leaks under them. Subrogation Referral: Adverse Party:.Randy Heckma_n Address: 210 Adams S.t._. .................. Mohrsville, PA 19541 Telephone: 610-562-1212 .................. Adverse Carrier: unk Address: Telephone: Adjuster: Claim Number: Salvage Referral: Salvor: none Address: Description of Salvage: Telephone: Stock Number: ....... Settlement Reduced by: SIU Referral: Type: Allegations: Initial Reserve: SIU Expenses: Settlement: Savings: Rop,-esantative li~itial & date): GF Holland ........... Team Leader Approval (initial & date): Date of Referral!Assigned by: Assigned to: ~,~r. . Restoration & Sl~eaialtr Clennin2, Inc. P O Box .t ISeQaakertown, PA 18051.(215) 538-4033 I~:cembcr 4, 2002 INSURED: John & Deborah Trabosh 875 Main Street' MohrsviIlc, ,aA 1954I Upon inspection of the roar at 875 Main Street in Mohrsville, il' appears that thc roof is leaking in around the areas or'the dom~ers. While k*oking at the flashing along the dormers, it ag~ears the roofer reused the existing flashing, The problem ia c. aused by the old flashing li~ng and thus causing thc shingles to When the wi~ b~ws, it ~ppea~ ~e wat~ could ~ getting up, under ~i~r shin~les Thc t?o~l ol'the leit dormur has no capping on thc window Il also appears tllere x¢,u-~ n~: tla>.hinL¢ under the window IfyoLJ have any questions, please call me Eric D. Thothras ELITE RESTOR^TION & SPECIALTY CLEANING, 1NC ~. .Restoration & SIJecialt~ Cteanine, P O Box 3 I SeOuakcrtown~ PA 18951-(2 l :~) 538-4033 P 03 *INVOICE* TO Georl~e I lolland The Wes=field Gro~p P.O. 8ox g46 goycrsford, PA 19468 rr£M TO'I'AL Services rendered-iht m~}f inspecUo,~ & report tb]' Trabosh (claim #0204827) $100 O0 You Adjuster Summary Adjoiter Westfield Group George Holland Po Box 486 Phone Roy. ersford, PA 19468 Fax Phone (610) 454-9692 Fax (610) 454-9903 Insured Name Trabosh HI, John C. Lo~s Address 875 Main Si, Mohxsvcdlle, PA 19541 Phone Number Policy ii ho224269 Other Phone Ins Claim # 0204827 Ins Company Wesffl¢ld Groap Coverage - Building An'lc [v~mtaa Ch~ Sheea'u~k Wvrk Move & Reset Conterns LivingRoom (18' x 14' 6" x 8') 261 sfFioor 520 sfWali Minimum Chargc Piasa,x Work iMC for Koom and Kitchen Living Seal Pla~er & Lath Ceiling Paint Ceiling 2 Coats Paint Walls 2 Coats MOve & Reset Contents ] Kitchen (lY x 15' x 8') ] 195 sf Floor 448 sf Wall S~I Pla~tcr & Lath Ccillng Paint Ceiling 2 Coats Paint Walls 2 Coats Mcwe & .n..~.~ rdont_~n,~ Unit P~ee RepI. Cast Depr. LS $120.00 $120.00 $0.00 RaM $30.00 530.00 $0,00 A~ic ToLa! 5!50.00 $0.00 261 sf Ceiling Qty Unit i LS 58 SY 261 SF 520 ~F t RM ;,~-- R~m Tom! 65 lfFioor 65 ifCeiling Price Repl. Co~t Dept. $250.00 ...... ~z~v.vu 30.00 $1.49 $8.64 ~1.73 $0.39 $101.79 $20.36 ~0.30 ~202.80 $30,00 530.00 $600 195 sfCeiling 56 lfFloor 56 lfCeiling Qty Unit Price Repl. Cast Depr. 4.34 SY $1.49 $6.47 5i.2~ 195 SF $0.39 $76.05 $15.21 ,148 SF $0.39 $174.72 $34.94 ! KM $30.00 S30.00 $0.00 October 15, 2002 Date of Lois 10/11/2002 ACV OP RD $120.00 $30.00 $!50.00 2.088 cf Volume J ACV OP RD $250.00 56.01 $81.43 ~162.24 $30.00 $530.58 1,560 cfVolume [ ACV OP RD $5.18 $60.84 S139.78 $30.00 -!. O_ct. ! 5, 2[202? Exterior Nfinlmum Charge Roo£Cov~ing Wink l Ownen roof s~al Remove De.~ris Qty Unit Price Repl. Cost Depr. ACV ! LD $75.00 $75.00 $0.00 $75.00 Exte,~or Total $ ! 50.00 $0.00 $150.00 Coverage - Building Totals $1,180.47 $114.09 $1,066.38 Summary Repl. Cost Depr. ACV Estimatc Totals $1,180.47 $114.09 S1,066.38 Less Amount Not Subject To Owrhead & Prullt -$75.00 $0.00 -$75.00 Amount Subject To Overhead & Profit $1,I05.47 $114.09 $991.38 Contractor's Overhead & Profit (20%) $221.09 $22.81 $198.28 Sob-Total $1,326.56 $136.90 $1,189.66 Amount Not Subject To Overhead & Profit $75.00 $0.00 $75.00 Total With Overhead & Profit 51.401.56 $136.90 $1,264.66 Loss Deductible Applied ($250.00 Maximum) -$25000 -$250.00 Net Claim Si,i51.56 $136.90 $i,0i4.66 A copy of this document does not constitute a settlement of this claim. The above figures are subject to insurance company approval. Accgpt(xi by OP RI} Adjuster Summa.-y (MS/B 0120) - 2 - OM !5 2002 ,. la~m ,- 02-10020 OL. GUARD INSURANCE COMF, .,¢Y Homeowners Policy Declarations THIS POLICY IS NON-ASSESSABLE PREFERRED/DUPLICA TE PAGE 1 OF 2 LF POLICY NUMBER NA~ED INSIIRED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS JOHN C TRABOS]~ III DEBOP. A~ K TRABOSH 875 MAIN ST MOHRSVILLE PA 19541 Strausser Ins. Agency, Inc. 401 S. Fourth St,P.O. Box 484 Hamburg, PA 19526-0484 610-562-2048 0231 POLICY PERIOD FROM 12:01 A.M. NOVEMBER 30, 2001 TO NOVEMBER 30, 2002 A. DWELLING $99,000 B. Og'M~;~ STRUCTURES $9,900 C. PERSONAL PROPERTY $69,300 D. LOSS OF USE $39,600 E.' PERSONAL LIABILITY F. MEDICAL PAYMENTS TO OTiS $I,000 COUNTY: BERKS CONSTRUCTION: YEAR BUILT: NUMBER FAMILIES: FT FROM ~YDRANT: MI TO FIRE DEFT: TEP~RITORY: PREMIUM GROUP: DEDUCTIBLE (SECTION I - PER OCCURRENCE): $250 TOTAL POLICY pREMIUM INCLUDES A LOSS FRE~ DISCOUNT OF 8% STATEh pENNA MASONRY ~ENEER 1965 1 FAMILY 1,000 FT OR LESS 5 MILES OR LESS 32 015 TOTAL POLICY PREMIUM $227 HO 00 03 04 91 HO 23 63 04 93 I~l~;e] H0-291 (1/81) HO-901 (05/93) HO 01 37 03 97 EO-902 (10/95) H0-0495 (11/92) E0-903 (05/93) HO 04 96 04 91 H0-908 (05/93) CHASE MANHATTAN HRTG CORP ISAOA ATIMA PO BOX 47020 DOHAVILLE GA 30362 1 HOME OFFICE COPY 10/11/02 AMERICAN GEN FIN PO BOX 3893 /T EVANSVILLE IN 47737 . OL. GUARD INSURANCE COMF,., ~Y Homeowners Policy Declarations THIS POLICY IS NON-ASSESSABLE PREFEBRED/DUPLIOA TE PAGE 2 OF 2 LF POLICY l~3MBER NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS jOHN C TRABOSH III DEBORAH K TRABOSH 875 MAIN ST MO~SVILLE PA 19541 Strausser Ins. Agency, Inc. 401 S. Fourth St,P.O. Box 484 Hamburg, PA 19526-0484 610-562-2048 0231 POLICY PERIOD FROM 12:01 A.M. NOVEMBER 30, 2001 TO NOVEMBER 30, 2002 BASIC POLICY PREMIUM HO 00 03 04 91 H0-291 (1/81) HO 01 37 03 97 H0-0495 (11/99) EO 04 96 04 91 HO 23 63 04 93 HO-901 (05/93) H0-902 (10/95) H0-903 (05/93) E0-908 (05/93) SPECIAL FORM PENNSYLVANIA NOTICE SPECIAL PROVISIONS (pENNSYLVANIA) WATER BACK-UP OF SEWERS OR DRAINS HOME DAY CARE BUSINESS EXCLUSION PERSONAL PROPERTY REPLACEMENT COST MULTI-GUARDENDORSEMENT HOMEOWNERS COVERAGE BROADENING CLAUSE GUARANTEED REPLACEMENT OF REPAIR COST PROTECTION MORTGAGE EXPENSE COVERAGE $184 N/C N/C N/C $25 N/C N/C N/C N/C N/C 2 HOME OFFICE COPY 10/11/02 ~ :,::::~ ;... ,_ OLD GUARD INSURANCE .... ,"..... ~,...,..~.,' . . ;: ............................................ .. .. ,, ,~,~,~, c GOP¥ - .~T-NEGO..TIYd~LE OLD GUARD INSURANCE ".,"'".", Menmer or 'iN~atfleld Oro~p :.~,~ ....... . -.- ........... c SHERIFF' S RETURN - CASE NO: 2003-03460 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OLD GUARD INSURAiqCE CO ET AL VS HECKMAN P3dqD Y NOT SERVED R. Thomas Kline , Sheriff , according to law, says, that he made a diligent the within named DEFENDANT , to wit: HECKMAN R3%NDY unable to locate Him in his bailiwick. COMPLAINT & NOTICE who being duly sworn search and inquiry for but was He therefore returns the the within named DEFENDANT , HECKMAN RAiqDY NOT SERVED , as to 19 SPRING STREET SHIPPENSBURG, PA 17257 ABOVE ADDRESS IS VACANT. DEFENDANT MOVED TO 111 S. PRINCE ST., SHIPPENSBURG, PA. UNABLE TO SERVE PRIOR TO EXPIRATION DATE. Sheriff's Costs: Docketing 18.00 Service 13.80 Not Found Return 5.00 Surcharge 10.00 .00 46.80 So answers: ~,~ ~ ~-~ ~ ~. ThOmas Kli-~e Sheriff of Cumberland County GORDON & WEINBERG 08/21/2003 Sworn and subscribed to before me this 2~ day of ~,.~,~3- Prothonotary #SA, GORDON & WEINBERG, P.C. By: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Old Guard Insurance Co. Individually and as Subrogee on behalf of John C. Trabosh and John C. Trabosh vs. Randy Heckman COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 03-3460 Civil PRAECIPE TO WITHDRAW C0~4PL~XNT TO THE PROTHONOTARY: c////i~ Kindly withdraw the above- ithout prejudice, i~ '//~ G? INBER , ~J~rney for Plaintiff PO06