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Home My WebLink About03-5597Attorney I. D. No. 89271 GOLDBIIIlG, KATZMAN .e. ,SuIPMAI~, P.C. 32O Market Street P,O. Box 1268 Han'i~bu~ PA 17108-1268 Telephone: (717) 234-4161 ERIE INSURANCE EXCHANGE, as Subrogee of Robert Smeigh, Plaintiff TRACEY L. CLAVEY, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. Ir'you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days aider 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 YOUDO NOT HAVE ALAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Attorney for Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of Robert Smeigh, Plaintiff TRACEY L. CLAVEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Erie Insurance, as Subrogee of Robert Smeigh, by and through its counsel, Goldberg, Katzman and Shipman, P.C., who files this Complaint against the Defendant Tracey L. Clavey and avers the following: 1. The Plaintiff Erie Insurance Exchange Cnereinaiter "Erie") is a corporation with a business location of 4901 Louise Drive, Rossmoyne Business Center, P. O. B ox 2013, Mechanicsburg, PA 17055-0710. 2. Defendant, Tracey L. Clavey is an adult individual who, to all belief and knowledge, resides at 216 Stoner Drive, Apartment C, Meehanicsburg, Pennsylvania 17055. 3. Erie issued a policy of insurance whereby it agreed to insure a property owned by Robert Smeigh located at 216 Stoner Drive, Mechanicsburg, Pennsylvania 17055. 4. On July 14, 2002, Defendant Clavey was renting property at the insured location. 6. cooking. ?. On this date, Defendant Clavey caused a fire to break out at the aforesaid location. The cause of this fire was Defendant Clavey's negligence and failure to attend to her As the sole and proximate result of Defendant Clavey's carelessness and negligence, Plaintiffhas suffered damages in the amount of $7,022.22. 8. Pursuant to the insurance policy issued by Erie, Erie became subrogated to the claim of its insured against Defendant Clavey. W~REFORE, PlainfiffErie Insurance Exchange as Subrogee of Robert Smeigh demands judgment against Defendant Tracey Clayey in the amount of $7,022.22. Respectfully submitted, GOLDBERG, KA~ & SHIPMAN, P.C. DATE: October 22, 2003 By: s ian dr{o=i, £squi e Attorney L ~.~ 89271 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff VERIFICATION i, '~-~\ ~Q)~x~, bereby acknowledge that Erie insurance Exchange is the Plaintiffin this action and that I am authorized to make this verification on its behal~ that I have read the foregoing Complaint; and that the facts stated therein are true and correct to the best of my knowledge, information and belie£ I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. ERIE INSURANCE EXCHANGE DATE: ERIE INSURANCE EXCHANGE, As Subrogee of Robert Smeigh Plaintiff V, TRACEY L. CLAVEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5597 CIVIL TERM : CIVIL ACTION -LAW NOTICE TO PLEAD TO: ERIE INSURANCE EXCHANGE You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES Date Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant ERIE INSURANCE EXCHANGE, As Subrogee of Robert Smeigh Plaintiff V. TRACEY L. CLAVEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5597 CIVIL TERM : CIVIL ACTION -LAW ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER Admitted. Denied. By way of further answer, Tracey L. Clavey address is RR3 Box 947, New Bloomfield, PA 17068. Neither admitted nor denied. Defendant is without sufficient information to answer this allegation and proof of the same is demanded at Trial. Admitted. Denied. Defendant is without sufficient information to answer this allegation and proof of the same is demanded at Trial. Denied. Defendant is without sufficient information to answer this allegation and proof of the same is demanded at Trial. Denied. It is specifically denied that Plaintiff suffered damages in the amount of $7,022.22. To the contrary the fire in question caused only minor damage and the majority of the $7,022.22 resulted from unnecessary repair to the property and replacement of items that were broken prior to the fire. Neither admitted nor denied. Defendant is without sufficient information to answer this allegation and proof of the same is demanded at Trial. WHEREFORE, Defendant requests that Judgment be entered in her favor and against Erie Insurance. NEW MATTER 9. On or about July 14, 2002 a small fire broke out on the stove in Defendant's apartment. 10. Defendant was able to extinguish the fire with water prior to the arrival of the fire department. 11. The flames from the fire had only reached the hood of the stove causing very minor scorching damage to the surrounding cabinets. 12. The responding fire company prepared an incident report. See Upper Allen Fire Department - Incident Report attached hereto and marked Exhibit A. 13. Said incident report states that the fire was out upon arrival and they cleared out the smoke. 14. Said incident report also states that the owner of the property had not provided access to the building from the roof. 15. A proposal to restore the kitchen and living room dated July 17, 2002 was submitted by Marshall H. Dean Ill and revised on July 29, 2002. See Proposal from Marshall H. Dean III and Invoice attached hereto and marked Exhibit B. 16. Some of the work listed on the Proposal was never completed and other work including but not limited to replacement of the Stainless Steel sink was pointless. 17. The majority of the work completed did not repair damage from the fire, but instead refurbished an aging apartment and repaired damage that was not cause by the negligence of Defendant. 18. Had Erie used reasonable care and adequately inspected the property and the proposal prior to paying their insured, they would not have suffered damages in the amount of $'7,022.22. WHEREFORE, for all the above reasons, defendant requests this Honorable Court enter judgment in her favor plus costs and reasonable attorney fees and against the plaintiff Erie Insurance. Respectfully Submitted TURO LAW OFFICES Date Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer and New Matter upon Benjamin D. Andreozzi, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the '~ ) . day of J~(%~'~(,r/" , 200_~_, from Carlisle, Pennsylvania, addressed as follows: Benjamin D. Andreozzi, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 1'7108 TURO LAW OFFICES Daniel D. Worley, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant tJPPER ALLEN FIRE DE EN R Incident Location: 1216 Stoner Dr, Ext. , ...... Municipality: IUpper Allen Nature of Incident: Istove Fire Companies Responding: ~23,27,8,28 UAFD Incident Number: t1~4 ...... HQ Incident Number: J3063 Box Number: J23-03 Turnpike Incident #: ] PSP Trooper #: ] Fire :]] Structure [] Chimney , = Appliance J Vehicle ! ] Dumpster r -j Trash [] Natural Cover L ~ Investiga§on ri Other - Fire Mutual Aid Assist To: J Transfer To: J Stand By For: J ] Residential [] Single ~ Multi ] Hotel I Health Care ]] Nursing i Business industrial ]] Assembly [-' Educational !' Fire Station , iii Storage .i Nob e Vehde ] Sb'eet i Other Vehicle/Property Owner(s) Name: Vehicle/Property Owner(s) Phone #: Vehicle/Property Owner(s) Address: Officer In Charge: JShumberger, Tom 268 Pemon Filing Report: JShumberge[,, Tom 268 Attachment: j ........ Total Respondem: J15 [] Emergency [] Non-Emergency Automatic Alarm [] Smoke/Fire Detector [] Water Row [] Pull Station [] Accidental [] Malicious [] MalfuncUon [] Other - Automatic Alarm [] ConstrucUon Type N/A [] Frame [] Masonry [] Non-CombuaUble [] Fire Resistive [] Meal Reof [] Shingle [] Built-Up [] Roll~ [] Metal [] Other Number of Stod~: Building ~ngth: Building Width: J JBob Sleigh J(717) 697-6235' J310 Berkshire Rescue [] Vehide Accident [] With Entrapment [] With Confinement [] Confined Space [] Other - Rescue Date: 17/i / oo Dispatch: ]20:42 Responding: 1~:4~ Arrival: ]20:52 In Service: i21':34 In Quarters: ]21:45 Hazmat [] Transportation [] Industflal - Hazmat [] Other - Hazmat Fire Odgin Apparent Cause: Medical Assist Se~ce ~11 [] Forcible Entry [] AED [] Ufting Assist jGrease on 'stove jGrease on s~ve [] Fire Detection/Protection N/A [] Smoke Detectors [] Sprinklers [] FuncUonal Other -Rre DetecUon/ProtecUon: I [] Agency Referral N/A [] Fire Marshal [] Police Department [] Township [] DEP [] Utilities - Electric [] UUlities - Gas Vehicle Year: Vehicle Make: Vehicle Model: ~ Drlve~ ~Lelnlnger, Hike 209 Vehide Color: Vehicle Ucense: Vehlde State: Kunket~ Karl 201 Kremer, Jason 457 Keener, Scott 429 Brelnllnger, .lira 428 E~.23 Officer: JLyons, 3ason 418 E123 Seat 03: JDiglllo, .lustin 490 ~ E~.23 Seat 04: JKeltz, Bonnie 484 Et 23 Seat 05: JHockenbeny, Bob 422 ........ EZ 23 Seat 06: J E123 Seat 07: J E123 Seat 08: I ............ Tanker 23 Driver: JHadan, 3ory 398 Tanker 23 O~ficer: j Ba'rnes,"Brlan 446 E223 Driver: E223 Officer: E223 Seat 03: E223 Seat 04: E223 Seat 05: E223 Seat 06: Utility 23 Driver: JKrelger, Monty [99 UblLty 23 Officer: IDa La Cema, Angel 493 UUlity 23 Seat 03: J Utility 23 Seat 04: I Utility 23 Seat 05: [ ...................... Suburban Driver: j On Scene O1: JShumberger, Tom 268 ......................... Suburban Omcer: i On Scene 02: IGIII,' Kevin 376 Suburban Seat 03: j On Scene 03: J 1' Suburban Seat 04: .................. On Scene 04: J Suburban Seat 05: j On Sdene 05: J Suburban Seat 06: J Station O1: J Station 07: Station 02: j" Station 08: Sta~Jon 03: J Station 09: Station 04: Station 10: Station 05: I StaUon 11: Station 06: J ................. Station 12: Print Extended Narrative ~mp~ny 23'dispatched for"stove fire. Enroute to th~'scene fire police Informed Chief 123 that fire was'~ut and their wa~" ' )ne bum victim with light smoke condition. On scene had engine 223 crew go to the second floor with the TIC engine L23 crew was to try to access the attic. Interior crews tried to access amc with no success. Apt. owner stated that the · oof was replaced 3 times With no access. Units inside removed range hood with nc, fire extenlon. All walls on the inter,er ~ere checked with the camera nothing found. EMS told comand that the pt. had first and second degree bums on her arms but refused to go to the hospital. Rreflghter used nag pressure fans to dear smoke out of the structure when smoke was clear all units were put In service. Truck 8 was put Inser,,Ice enroote, engine 2:2.7 and rescue 28 were put non- emergency. ~esident Tracy aavey 2~.6 Stoner Dr Ext. Apt C 717-697-L526 [3.0SI Rug 05 02 05:27p RV 4 Wheel DriveCenter Invoice Marshall H. Dean Ill Property and Home Maintenance 410 Mumper Lane Dillsburg, PA 17019 (717) 432-4105 July 29, 2002 (717)897-8438 p.1 Mr. Robert Smeigh 712 W. Main Street Mechanicsburg, PA 17055 Property: Apt #C Original Contract: Credit for vinyl cleaning: Change for vinyl replacernent: Change for wall and floor repair: Contract to date: Comments: Fire restoration $6634.22 ($52,00) $350.00 Includes removal, materials and supplies, and install $90.00 HARRlSltUR$ Total Due (deposit on original contract) $3317.11 Payment in full is due upon receipt of this invoice, any invoices not paid within 30 days will be accessed interest at a rate of 1.5% per month. T::knT~:nt to Marshall H. Dean III Jul 17 02 05:02p RV 4 Wheel DpiveCentep ~?17iS97-8438 p.1 proposal Mr. Robert Smeigh 712 W. Main Street Mechanicsburg, PA 17055 Marshall H, Dean III Property and Home Maintenance 410 Mumper Lane Dillsburg, PA 17019 (717) 4_32-4!05 -- July 17, 2002 Property: Apartment C Project: Kitchen and Living Room Fire Restoration Scope and Pricing: Remove Cabinets, Sink, Stove, Hood,Counter top Disposal Scrub all walls in kitchen and living room Paint all walls in kitchen and living room with stain killer Paint ail walls in kitchen and living room with latex paint Replace kitchen cabinets Replace counter top Replace sink Replace stove Replace stove hood Clean carpet in living room Clean vinyl in kitchen Repair ceiling in hallway $ 208.00 $ 180.00 $ 372,00 $ 408.00 $ 504.00 $3,019.22 $ 480.00 $ 74.00 $ 300.00 $ 52.00 $ 172.00 $5,769.22 Overhead 10% $577.00 Profit 5% $288.00 Amount for work described in scope - $6634.22 Payment Schedule: Deposit 50% Completion 50% Make payment to Marshall H. Dean III Please sign one copy of the proposal and return with deposit. Acceptance: 1 understand and agree to the terms and scope of the proposal. P ri n t N a me:'~-',~-~ ~'-~'~:1 ~J~ Daytime Phone:~?- ~ q Benjamin D. Andreozzi, Esquire Attorney[ D. No. 89271 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff ERIE INSURANCE EXCHANGE as Subrogee of Robert Smeigh, Plaintiff TRACEY L. CLAVEY, Defendant IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5597 PLAINTIFF'S RESPONSE TO NEW MATTER AND NOW, comes the Plaintiff, Erie Insurance Exchange, as Subrogee of Robert Smeigh, by and through its counsel, Goldberg, Katzman and Shipman, P.C., who responds to Defendant's New Matter as follows: 9. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Plaintiff is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 10. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Plaintiff is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 11. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Plaintiff.is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 12. Admitted. 13. Said report speaks for itself. 14. Said report speaks for itself. 15. Admitted. 16. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Plaintiff.is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 17. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Plaintiffis without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 18. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Plaintiffis without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. WHEREFORE, Plaintiff requests judgment be entered in its favor and against the Defendant. 105460.1 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Benjamin J)~An. jk~ozzi, Esquire Attorney~l~Qqo. 89271 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all patties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ~v/ day of ~0~ 2004, addressed to the following: James Gault, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 By Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Benj~D.~re~, Esquire Attorney I./D. No.~1}9271 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCFL~NGE, : IN THE COURT OF COMMON PLEAS OF AS SUBROGEE OF ROBERT SMEIGH, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : NO. 03-5597 CIVIL TERM VS. : CIVIL ACTION - LAW TRACEY L. CLAVEY, : DEFENDANT : PRAECIP~ TO WITHDP..AW APPEAi~'Jt.,NCE Dear Sir: At the request of the Defendant, Tracey L. Clayey, I hereby withdraw our appearance as attorney of record in the above captioned matter, in favor of Ms. Clavey's new attorney, Dale F. Shughart, Jr., Esquire. TO: CURTIS R. LONG, ULY /3 PROTHONOTARY (717) 245-9688 PRAECIPE TO ENT[R APPF, A~.A~CE Dear Sir: Please enter my appearance as attorney of record for the Defendant, Tracey L. Clayey. TO: CURTIS R. LONG, PROTHONOTARY ~UL¥/~ 2004 Attorney I.D. 35 EastHigh Street Suite 203 Carlisle, PA 17013 (717) 2:41-4311 Thomas E. Brenner, EsquH Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 71%234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE as Subrogee of Robert Smeigh, Plaintff TRACEY L. CLAVEY, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND CO., PENNSYLVANIA . · CIVIL ACTION - LAW : NO. 03-5597 PRAECIPE TO THE PROTHONOTARY: Please mark this action settled and discontinued. B~ GOLDBERG KATZMAN, P.C. Ben~m D: Andre~zi, Esquire pArtoOk//iD ~8~9~7126'8' 1 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by deF.~siting a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following~ Dale Shughart, Jr., Esquire 35 East High Street, Suite 203 Carlisle, PA 17013 Date: 115877.1 By GOLDBERG I~_TZMAN, P.C. Ueni m e qd e