HomeMy WebLinkAbout08-1537Tucker Arensberg, P.C. 111 North Front Street
BY: P. O. Box 889
Stephen M. Greecher, Jr. (I.D. No. PA-36803) Harrisburg, PA 17108-0889
ATTORNEYS FOR PLAINTIFFS (717) 234-4121
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. a8 - 1537 C :+yi i T",,
V.
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
"NOTICE"
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CIVIL ACTION COMPLAINT
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 (2o) 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 buy 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 of other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER 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.
LAWYER REFERENCE SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166 - Toll Free (Soo) 99o-91o8
64AWSO"
"Le han demandado en corte. Si usted desea defender contra las demandas
dispuestas en las pAginas siguientes, usted debe tomar la acci6n en el plazo de
veinte (20) dias despu6s de esta queja y se sirve el aviso, incorporando un aspecto
escrito personalmente o y archivando en escribir con la corte sus defensas u
objeciones a ]as demandas dispuestas contra usted el abogado le advierte que que si
usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede
incorporar contra usted compra la corte sin aviso adicional para cualquier dinero
demandado en la queja o Para cualquier otra demanda o relevaci6n pedida por el
demandante. Usted puede perder el dinero o la caracteristica de otra endereza
importante a usted.
USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE.
SI USTED NO HACE QUE UN ABOGADO VAYA A O LLAME POR
TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE
PROVEER DE USTED LA INFORMACI6N SOBRE EMPLEAR A UN
ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO,
ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACI6N
SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA
DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO
O NINGfJN HONORARIO
SERVICIO DE REFERENCIA LEGAL
Cumberland County Bar Association
32 South Bedford
Carlisle, Pennsylvania 17013
(717) 249-3166 - Toll Free (Soo) 99o-91o8
98624.1
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING, :
Defendants
NO. -a R. IS 37 ?n:! Tom..
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiffs are Phillip Alleman and Andrea Alleman, husband and wife, adult
individuals who reside at 426 Valley Street, Marysville, Perry County, PA 17053.
2. Defendant, Spanglers Mill, Inc., individually and d/b/a Ewing Roofing, is a
corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with
offices at 1425 Spanglers Mill Road, Camp Hill, Cumberland County, PA 17011.
3. Defendant, Terry Payne, is an adult individual, with an address of 110 Diller
Road, New Cumberland, Fairview Township, York County, PA 17070, who does business as
Terry Payne's Roofing. Terry Payne, Individually and d/b/a Terry Payne's Roofing hereinafter
will be referred to as Terry Payne.
4. On November 6, 2006, Phillip Alleman and Andrea Alleman resided at
Apartment 109, Mountain View Village Apartments, 4181 Elk Court, Hampden Township,
Cumberland County, Pennsylvania.
5. On November 6, 2006, roofing work was being done on the building of the
Mountain View Village Apartments in which the apartment of Phillip Alleman and Andrea
Alleman was located.
6. On November 6, 2006, while the roofing work was being done on the apartment
building by the Defendants, the building caught on fire.
7. The roofers noticed the fire at or around 12:15 p.m.
8. The fire originated outside at or near a small bush and the rear wall of the 18-unit
apartment building.
9. At or around the time of the fire, the workers doing the roofing work for the
Defendants were smoking on the roof and on the site.
10. Numerous cigarette butts were found in the mulch and in the bushes and bush
clippings behind the apartment building in the area right below where the roofers were working
and smoking on November 6, 2006 and where the fire originated.
11. As a result of the negligence, carelessness and recklessness of the roofers
carrying out the work, smoking on the roof and discarding cigarette butts and smoking materials
at the site, a fire occurred starting in the bushes, mulch or bush clippings adjacent to the
building, advancing up the side of the building and catching the roof on fire.
12. As a result of the fire, Phillip Alleman and Andrea Alleman suffered substantial
personal property losses and other damages in excess of $42,000.00.
COUNTI
Phillip Alleman and Andrea Alleman
V.
Spanalers Mill, Inc. Individually and d/b/a Ewina Roofina
13. The allegations contained in all prior paragraphs of the within Complaint are
incorporated herein as if fully set forth at length.
-2-
14. Spanglers Mill, Inc., individually and d/b/a Ewing Roofing, was under contract
with the owner of the apartment complex or Property Management, Inc. to perform the roof work
at issue in this case.
15. The individuals carrying out the roofing work who negligently, carelessly and
recklessly carried out the work smoked while on the roof and negligently, carelessly and
recklessly discarded cigarette butts and smoking materials at the site causing the fire at issue in
this case were actual or apparent agents, servants or employees of Spanglers Mill, Inc., d/b/a
Ewing Roofing, acting in their capacity as such.
16. The aforesaid individuals carrying out the roofing work were under the control of
Spanglers Mill, Inc. d/b/a Ewing Roofing and/or Spanglers Mill, Inc. d/b/a Ewing Roofing had the
right to control the aforesaid individuals.
17. Spanglers Mill, Inc. d/b/a Ewing Roofing is liable for the negligence, carelessness
and recklessness of the individuals who were carrying out the roofing work, said negligence,
carelessness and recklessness consisted of:
(a) smoking on the roof;
(b) improperly disposing of cigarette butts and smoking materials at the site;
(c) failing to properly extinguish cigarette butts and smoking materials;
(d) permitting smoking materials and cigarette butts to come into contact with
combustible items at or around the apartment building when said cigarette butts and
smoking materials had not been extinguished;
(e) disposing of cigarette butts and smoking materials in an area containing
combustible materials;
-3-
(f) failing to realize that the careless smoking practices and disposal of
cigarette butts and smoking materials exposed the property to an unreasonable risk of
harm;
(g) failing to promptly and timely notice that their actions had caused
combustion of material on the ground behind the apartment building and Plaintiffs'
apartment; and promptly and properly extinguishing the fire before it could damage the
apartment building and Plaintiffs' apartment;
(h) violating applicable governmental or other regulations regarding smoking
on a job site, smoking on a roof and discarding cigarette butts and smoking materials;
and
(i) failing to carry out the roofing work in the manner applicable for
competent and skilled roofers.
18. Spanglers Mill, Inc. d/b/a Ewing Roofing was responsible for carrying out the
roofing work and overseeing the work that was being done and negligently, carelessly and
recklessly carried out this obligation in that it did not have individuals on the scene to fulfill this
obligation and did not properly supervise the work such that the individuals carrying out the work
smoked on the roof, improperly discarded cigarette butts and smoking materials at the site.
19. Spanglers Mill, Inc. d/b/a Ewing Roofing was further negligent, careless and
reckless in failing to:
(a) provide proper orders and directions to individuals, companies and
contractors carrying out the roofing work;
(b) hire competent individuals, companies and contractors;
-4-
(c) provide for taking proper precautions to insure that the individuals,
companies and contractors performing the roofing work properly carried out the work
and safely disposed of any cigarette butts and smoking materials;
(d) exercise reasonable care regarding the exercise of Spanglers Mill, Inc.
d/b/a Ewing Roofing's control of the work;
(e) exercise reasonable care in supervising the work that was done;
(f) provide adequate training for safe practices and for smoking on a job site;
and
(g) advise individuals working on the job site to properly dispose of cigarette
butts and smoking materials.
20. As a direct and proximate result of the negligence, carelessness and
recklessness of Defendant, Spanglers Mill, Inc. d/b/a Ewing Roofing, and its actual or apparent
agents, servants and employees, the fire resulted and the Plaintiffs sustained the damages set
forth herein.
WHEREFORE, Plaintiffs demand judgment against Spanglers Mill, Inc. d/b/a Ewing
Roofing, in an amount sufficient to compensate them for their damages and losses, plus
interest, costs and damages for delay.
COUNT II
Phillip Alleman and Andrea Alleman
V.
Terry Payne. Individually and d/b/a Terry Payne's Roofina
21. The allegations contained in all prior paragraphs of the within Complaint are
incorporated herein as if fully set forth at length.
-5-
22. Defendant, Terry Payne, is a roofing contractor, and entered into a contract with
Spanglers Mill, Inc., individually and d/b/a Ewing Roofing and/or the owners of the apartment
complex or Property Management, Inc. for carrying out the roofing work at issue in this case.
23. The individuals performing the roofing work who negligently, carelessly and
recklessly smoked on the roof and negligently, carelessly and recklessly discarded cigarette
butts and smoking materials at the site causing the fire at issue in this case were actual or
apparent agents, servants and employees of Terry Payne.
24. The aforesaid individuals carrying out the roofing work were under the control of
Terry Payne and/or Terry Payne had the right to control the aforesaid individuals.
25. Terry Payne is liable for the negligence, carelessness and recklessness of the
individuals who were carrying out the roofing work, said negligence, carelessness and
recklessness consisting of:
(a) smoking on the roof;
(b) improperly disposing of cigarette butts and smoking materials at the site;
(c) failing to properly extinguish cigarette butts and smoking materials;
(d) permitting smoking materials and cigarette butts to come into contact with
combustible items at or around the apartment building when said cigarette butts and
smoking materials had not been extinguished;
(e) disposing of cigarette butts and smoking materials in an area containing
combustible materials;
(f) failing to realize that the careless smoking practices and disposal of
cigarette butts and smoking materials exposed the property to an unreasonable risk of
harm;
-6-
(g) failing to promptly and timely notice that their actions had caused
combustion of material on the ground behind the apartment building and Plaintiffs'
apartment; and promptly and properly extinguishing the fire before it could damage the
apartment building and Plaintiffs' apartment;
(h) violating applicable governmental or other regulations regarding smoking
on a job site, smoking on a roof and discarding cigarette butts and smoking materials;
and
(i) failing to carry out the roofing work in the manner applicable for
competent and skilled roofers.
26. Terry Payne was responsible for carrying out the roofing work and overseeing
the work that was being done and negligently, carelessly and recklessly carried out this
obligation in that he did not have individuals on the scene to fulfill this obligation and did not
properly supervise the work such that the individuals carrying out the work smoked on the roof
and improperly discarded cigarette butts and smoking materials at the site.
27. Terry Payne was further negligent, careless and reckless in failing to:
(a) provide proper orders and directions to individuals, companies and
contractors carrying out the roofing work;
(b) hire competent individuals, companies and contractors;
(c) provide for taking proper precautions to insure that the individuals,
companies and contractors performing the roofing work properly carried out the work
and safely disposed of any cigarette butts and smoking materials;
(d) exercise reasonable care regarding the exercise of Terry Payne's control
of the work;
(e) exercise reasonable care in supervising the work that was done;
-7-
(f) provide adequate training for safe practices and for smoking on a job site;
and
(g) advise individuals working on the job site to properly dispose of cigarette
butts and smoking materials.
28 As a direct and proximate result of the negligence, carelessness and
recklessness of Terry Payne and his agents, servants and employees, the fire resulted and the
Plaintiffs sustained the damages set forth herein.
WHEREFORE, Plaintiffs demand judgment against Terry Payne, Individually and d/b/a
Terry Payne's Roofing, in an amount sufficient to compensate them for their damages and
losses, plus interest, costs and damages for delay.
Respectfully submitted,
DATE:
98595.1
TUCKER ARENSBEW, P.
By:
zjiepDen M. Greecher, Jr.
Attorney's I.D. No. PA-36803
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFFS
-8-
VERIFICATION
I, ANDREA ALLEMAN, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
98623.1
=--aLwM
Andrea Alleman
VERIFICATION
I, PHILLIP ALLEMAN, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
98623.1
P1
Phi ip Alle an
J04-
00
CD ,
r
n
D L
PHILLIP ALLEMAN and
ANDREA ALLEMAN
Plaintiffs
V.
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING
Defendants
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned as Counsel on behalf of Def dant
Spanglers Mill, Inc., d/b/a Ewing Roofing, with respect to the above-referenced ma ler.
i
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA'
: NO: 08-1537 Civil Term
: CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
Respectfully submitted,
DATE: q 18 101
05/388497.0
BY:
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOIGGIN
Z':
jNUON, ESOUIRE
I.D. No.HV 5291 18
L N
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant,
Spanglers Mill, Inc. d/b/a Ewing Roofing
I -
PHILLIP ALLEMAN and
ANDREA ALLEMAN
Plaintiffs
V.
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO: 08-1537 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
CERTIFICATE OF SERVICE
I, Sarah A. Doerfler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this * day of April, 2008, I served a copy of the foregoing
document via First Class United States mail, postage prepaid, as follows:
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
1 I I North Front Street
PO Box 889
Harrisburg, PA 17108-0889
Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
3rd Floor, Suite 331
Carlisle, PA 17015
Sarah A. Doerfler
05/388498.v l
Yw:+ Y
44
CT
w
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP LLEMAN and-
ANDREA. ALLEMAN,
Plaintiffs,
V.
SPANGL R MILLS, INC., Individually
and d/b/a WING ROOFING, and
TERRY P YNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
Defendants.
NO. 08-1537
CIVIL DIVISON - LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please entmy appearance on behalf of the Defendant, TERRY PAYNE, individually
and d/b/a TERRY PAYNE' S ROOFING, in the above-captioned matter.
Respectfully submitted,
on visto (16 #: 92919)
Mar ello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
O: (717) 240-4686
F: (717) 258-4686
A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP,
ANDREA
V.
?LLEMAN and
ALLEMAN,
Plaintiffs,
SPANGL R MILLS, INC., Individually
and d/b/a 171WING ROOFING, and .
TERRY P YNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
Defendants.
NO. 08-1537
CIVIL DIVISON - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I c ify that the foregoing Entry of Appearance in the within action was served
upon the following by enclosing the same in an envelope addressed as follows, postage
prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA
on the 9th day of April, 2008.
Stephen N.
Tucker Ar
111 North
P.O. Box !
Harrisburl
Attorney fc
Timothy
Marshall
4200 Cn:
Suite B
Attorney f
Spangler A
Greecher, Jr.
isberg, P.C.
ront Street
PA 17108-0889
Plaintiffs
Mill Road
PA 17112
Defendant
ills, Inc., d/b/a Ewing Roofing
()I--
Mary'Kla?
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?° f5
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN, :
Plaintiffs, CIVIL DIVISON - LAW
V. :
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING, :
Defendants.
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 import to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, 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 YOU LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUED FEE OR
NO FEES.
Cumberland County Bar Association
32 South Bedford Street,
Carlisle, Pennsylvania 17013
(717) 249-3166.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
Plaintiffs, CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
Defendants.
NOTICIA
LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al
partir de la fecha de la demands y la notificacion. Usted debe presenter una apariencia
excrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o
sus objeciones a las demandas en contra de tomara medidas y puede entrar una order
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI
NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street,
Carlisle, Pennsylvania 17013
(717) 249-3166.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
Plaintiffs, CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
Defendants.
DEFENDANT TERRY PAYNE'S ANSWER
WITH NEW MATTER AND CROSS-CLAIM
1. Denied. Answering Defendant is without information or belief as to the
truth of the averments of Paragraph 1; hence they are denied and proof is demanded at the
time of trial.
2. Admitted upon information and belief.
3. Admitted.
4. Denied. Answering Defendant is without information or belief as to the
truth of the averments of Paragraph 4; hence they are denied and proof is demanded at the
time of trial. The averments are further denied pursuant to Pa.R.Civ.P. 1029(e) and proof
is demanded at the time of trial.
5. Admitted in part and denied in part. It is admitted that roofing work was
performed on the Mountain View Village Apartments on or about November 6, 2006.
Answering Defendant is without information or belief as to the truth of the remaining
averments; hence those averments are denied and proof is demanded at the time of trial.
6. Admitted in part and denied in part. It is admitted that there was a fire at
Mountain View Village Apartments. It is denied that the fire was the result of or caused
by the roofing work or the actions of Answering Defendant.
7. Denied. Answering Defendant is without information or belief as to the
truth of the averments of Paragraph 7; hence they are denied and proof is demanded at the
time of trial.
8. Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e).
9. Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e).
10. Denied. Answering Defendant is without information or belief as to the
truth of the averments of Paragraph 10; hence they are denied and proof is demanded at
the time of trial. Further, the averments of Paragraph 10 are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
11. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
deemed necessary, the averments are specifically denied and proof is demanded at the
time of trial. The averments of this paragraph are further denied pursuant to Pa.R.Civ.P.
1029(e) and proof is demanded at the time of trial.
12. Denied. The averments of this paragraph are specifically denied and proof
is demanded at the time of trial. The averments are further denied pursuant to
Pa.R.Civ.P. 1029(e) and proof is demanded at the time of trial.
COUNTI
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLERS MILL, INC., INDIVIDUALLY and d/b/a EWING ROOFING
13. Answering Defendant incorporates the averments of paragraphs 1 through
12 of this Answer herein and makes them a part hereof as if set forth in full.
14. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. To the extent a responsive pleading is required, Answering Defendant is
without information or belief as to the truth of the averments of Paragraph 14; hence they
are denied and proof is demanded at the time of trial.
15. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is deemed
necessary, the averments are specifically denied and denied pursuant to Pa.R.Civ.P.
1029(e); proof is demanded at the time of trial.
16. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. To the extent a responsive pleading is deemed necessary, the averments are
specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the
time of trial.
17. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is deemed
necessary, the averments are specifically denied and denied pursuant to Pa.R.Civ.P.
1029(e); proof is demanded at the time of trial.
18. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is deemed
necessary, the averments are specifically denied and denied pursuant to Pa.R.Civ.P.
1029(e); proof is demanded at the time of trial.
19. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is deemed
necessary, the averments are specifically denied and denied pursuant to Pa.R.Civ.P.
1029(e); proof is demanded at the time of trial.
20. - The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is
required, the averments of this paragraph are specifically denied; proof is demanded at
the time of trial. The averments are further denied pursuant to Pa.R.Civ.P. 1029(e) and
proof is demanded at the time of trial.
COUNT II
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
TERRY PAYNE, Individually and d/b/a TERRY PAYNE'S ROOFING
21. Answering Defendant incorporates the averments of paragraphs 1 through
20 of this Answer herein and makes them a part hereof as if set forth in full.
22. Admitted in part and denied in part. It is admitted that Answering
Defendant is a roofing contractor and entered into an agreement with Spangler Mills, Inc.
d/b/a Ewing Roofing for carrying out the roofing work at issue in this case. It is denied
that Answering Defendant contracted with the owners of the apartment complex to carry
out the roofing work. It is further denied that any formal contract existed between
Answering Defendant and Spangler Mills, Inc. d/b/a Ewing Roofing for carrying out the
roofing work at issue in this case.
23. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
deemed necessary, it is specifically denied that the individuals referred to in this
paragraph were actual or apparent agents, servants, and/or employees of Answering
Defendant and proof is demanded at time of trial.
24. Denied. The averments are specifically denied and denied pursuant to
Pa.R.Civ.P. 1029(e). It is specifically denied that Answering Defendant had the right to
control the aforesaid individuals in the averments of paragraphs 23 and 24, or that such
individuals were under Answering Defendant's control; proof is demanded at time of
trial.
25. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
deemed necessary, it is specifically denied that Answering Defendant is liable for the
acts, omissions or negligence of the individuals performing the contractual work. The
averments of this paragraph are fiirther denied as follows:
(a) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work.
(b) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work.
(c) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work.
(d) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work. By way of
further response, Answering Defendant is without information or belief as
to the truth of the averments of Paragraph 25(d); hence they are denied
and proof is demanded at the time of trial.
(e) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work. By way of
further response, Answering Defendant is without information or belief as
to the truth of the averments of Paragraph 26(d); hence they are denied
and proof is demanded at the time of trial.
(f) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive
pleading is required, the averments of this paragraph are specifically
denied and denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at
the time of trial.
(g) Denied. The averments of this paragraph are specifically denied and proof
is demanded at the time of trial. It is further denied that Answering
Defendant is liable for the acts or omissions of the individuals carrying out
the roofing work. By way of further response, the averments are further
denied pursuant to Pa.R.Civ.P. 1029(e) and proof is demanded at the time
of trial.
(h) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive
pleading is required, the averments of this paragraph are specifically
denied and denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at
the time of trial.
(i) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive
pleading is required, the averments of this paragraph are specifically
denied and denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at
the time of trial.
26. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
required, the averments of this paragraph are specifically denied and denied pursuant to
Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial. It is further denied that
Answering Defendant was responsible for overseeing and/or supervising the individuals
performing the contractual work.
27. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
required, the averments of this paragraph are specifically denied and proof is demanded
at the time of trial. The averments of this paragraph are further denied as follows:
(a) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is required, the averments of this paragraph are specifically denied and denied
pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
(b) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is required, the averments of this paragraph are specifically denied and denied
pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial. It is
finuther denied that Answering Defendant was responsible for hiring the
individuals, companies, and contractors who performed the contractual work.
(c) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
(d) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
(e) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at time of trial. It is
further denied that Answering Defendant had a duty to supervise the contractual
work that was done.
(f) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
(g) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
28. Denied. The averments of this paragraph are specifically denied and proof
is demanded at the time of trial. The averments are further denied pursuant to Pa.R.Civ.P.
1029(e) and proof is demanded at the time of trial.
WHEREFORE, Answering Defendant requests this Honorable Court enter
judgment in its favor.
NEW MATTER
29. Some or all of Plaintiffs' claims may be barred or reduced by release or
waiver pending discovery.
30. Some or all of Plaintiffs' claims are due to the negligence, carelessness
and/or recklessness of a party and/or individual other than Answering Defendant.
31. Some or all of Plaintiffs' claims may be barred by the statute of
limitations.
32. Answering Defendant is not responsible for any harm allegedly caused by
acts or omissions of third parties for whom it is not responsible and over whom it has no
control.
33. Some or all of Plaintiffs' claims may be precluded for failure to state a
cause of action.
WHEREFORE, Answering Defendant requests this Honorable Court enter
judgment in its favor.
CROSS-CLAIM
TERRY PAYNE v. SPANGLER MILLS, INC.,
Individually and d/b/a EWING ROOFING
34. Answering Defendant incorporates the averments of Paragraphs 1, 2, 4, 5,
6, and 12 of Plaintiffs' Complaint as if set forth in full without admitting the truth thereof.
35. If Plaintiffs sustained the damages as alleged in Plaintiffs' Complaint, said
damages being herein strictly denied, then said damages were caused by acts, omissions
or negligence of Co-Defendant Spangler Mills, Inc. d/b/a Ewing Roofing as set forth in
Plaintiffs' Complaint, to which reference is made hereto without adoption or omission.
36. Co-Defendant Spangler Mills, Inc. d/b/a Ewing Roofing is solely liable to
the Plaintiff, or in the alternative, should Answering Defendant be found liable to
Plaintiff, liability being herein strictly denied, then Co-Defendant Spangler Mills, Inc.
d/b/a Ewing Roofing is jointly and severally liable with Answering Defendant and is
liable over to Answering Defendant by way of contribution and/or indemnification.
WHEREFORE, Terry Payne demands judgment against Defendant Spangler
Mills, Inc. d/b/a Ewing Roofing in an amount not in excess of mandatory arbitration
limits. In the alternative, Answering Defendant requests this Honorable Court hold
Defendant Spangler Mills, Inc. d/b/a Ewing Roofing solely liable to Plaintiffs, liable over
to Answering Defendant for indemnification, or jointly or severally liable to Plaintiffs.
Respectfully submitted,
on 'vis o (ID #: 92919)
Mar & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
:, v., ?.vvu aava. iv: ?? rears ii ic?ovooo
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
Plaintiffs,
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
Defendants.
NO. 08-1537
CIVIL DIVISON - LAW
JURY TRIAL DEMANDED
VERIFICATION
I, Terry Payne, hereby verify that the averments made in the attached Answer are
true and correct to the best of my information, knowledge and belief based upon the
information available. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities.
By:
WV&J1 ucj
Dated:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
Plaintiffs, CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
Defendants.
CERTIFICATE OF SERVICE
I certify that the foregoing Answer with New Matter and Cross-Claim to
Plaintiffs' Complaint in the within action was served upon the following by enclosing
the same in an envelope addressed as follows, postage prepaid and depositing same in the
United States Mail, First Class Mail, in Carlisle, PA on the jj!`day of April, 2008.
Timothy McMahon
Marshall Dennehey
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Attorney for Defendant
Spangler Mills, Inc., d/b/a Ewing Roofing
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs
4ary Llantt
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01537 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLEMAN PHILLIP ET AL
VS
SPANGLERS MILL INC ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
PAYNE TERRY
but was unable to locate Him
deputized the sheriff of YORK
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April 10th
attached return from YORK
Sheriff's Costs:
So answe
Docketing 6.00
Out of County 9.00
Surcharge 10.00 Thomas Kline
Dep York County 51.20 Sheriff of Cumberland County
Postage 3.52
79.72
04/10/2008 `lIJI?GF
TUCKER ARENSBERG
Sworn and subscribe to before me
this day of ,
008 , this office was in receipt of t
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01537 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLEMAN PHILLIP ET AL
VS
SPANGLERS MILL INC ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit: ..
PAYNE TERRY D/B/A TERRY PAYNE'S ROOFING
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of YORK County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April 10th , 2008 this office was in receipt of the
attached return from YORK
Sheriff's Costs: So answe
` Docketing 6.00
Out of County .00
Surcharge 10.00 Thomas
.00 Sheriff of Cumberland County
00
16.00 lb F
04/10/2008
4
TUCKER ARENS13ERG
Sworn and subscribe to before me
this day of
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01537 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND -w
ALLEMAN PHILLIP ET AL
VS
SPANGLERS MILL INC ET AL
ROBERT BITNER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SPANGLERS MILL INC the
DEFENDANT at 1117:00 HOURS, on the 17th day of March 2008
at 1425 SPANGLERS MILL ROAD
CAMP HILL, PA 17011 by handing to
RONNIE BIEBER, SECRETARY, ADULT IN CHARGE ..
a true and attested copy of COMPLAINT & NOTICE together with --
INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00 w
Service 14.40
'
Affidavit 00
E
Surcharge 10.00 R. Thomas Kline
,4111 1ov 4" .00
42 .40
04/10/2008
TUCKER ARENSBERG --
Sworn and Subscibed to By: /"? w
before me this day Deputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01537 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLEMAN PHILLIP ET AL
VS
SPANGLERS MILL INC ET AL
ROBERT BITNER Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SPANGLERS MILL INC D/B/A EWING ROOFING the
DEFENDANT , at 1117:00 HOURS, on the 17th day of March 2008
at 1425 SPANGLERS MILL ROAD
CAMP HILL, PA 17011 by handing to
RONNIE BIEBER, SECRETARY ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
`I 00
16 00
Sworn and Subscibed to
before me this
of
day
So Answers:
R. Thomas Kline
04/10/2008
TUCKER ARENSBERG
B?*
Deputy Sheriff
A. D.
• PENNY PRESS OF YORK, INC. Ph (717) 843.4078 Fax (717) 848-1360
1 OF 2
COUNTY OF YORK
OFFICE OF THE SHERIFF
45 N. GEORGE ST., YORK, PA 17401
y
SERVICE CALL.
(717) 771-9601
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY U NE 1 THRU 12
DO NOT DETACH ANY COPES
1 PLAINTIFF/S/
3 DEFENDANT/S/
Allman et a]
2 COURT NUMBER
08-1537 civil
leis Mill Inc et al
9. I Trt V p i I V? Mruni 0 j T r 6 ri!
Notice , C lain , rftA
SERVE Ilf, 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Terry Payne
6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO ,CITY. BORO. TWP .STATE AND ZIP CODE)
AT 110 Diller Road Ne<a Cumberland, PA 17070
7 INDICATE SERVICE O PERSONAL 0 PERSON IN CHARGE )WbEPUTIZE U CERT nl? 1 O 1ST CLASS MAIL U POSTED U OTHER
NOW March 13 , 20 08 I, SHERIFF OF `AdR#COUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this WI?tespae return th cording
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF 40W'tOUN?Y
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICED U T OF CO.
Please mail return of service to Cumberland County Sheriff. Thank you.
ADV FEE PAID BY CUMBERLAND CO SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherdf levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof.
V. ' «r-M'%Mr °nu NUUKCJJ or A I I VKIYt T / UKlUir4A 1 uK ana biLiNA I UKE STEPHEN M. G R E E C H E R , fto_ TFLt"ONE NUMBER 11. DATE FILED
111 NORTH FRONT STREET, PO BOX889, HARRISBURG, PA 17108 0889 3-7-2008
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW' (This area must be completed d notice is to be mailed - -
CUMBERLAND CO SHERIFF
SPACE BELOW FOR USE OF THE SI EREF - DO NOT WRITE BELOW THIS DIVE
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date
or complaint as indicated above. M J GILL Y C S O 3 -14-2008 14-6-2008
16. HOW SERVED' PERSONAL ( ) RESIDENCE POSTED( ) POE( ) SHERIFF'S OFFICE
( ) OTHER ( ) SEE REMARKS BELOW
y7. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.)
18. E AND TITLE OF INDIVIDUAL SERVED ! LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship Defendanq 19 Date of Service P 0 Time of Service
1`1? - `?i 3- Z -/ ; 00P4,4
21. ATTEMPTS Da Time t ±e Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int
22.
23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. Z32.Tot.osts 33 Costs Due Refund 7 ck
00 1 $125.00 C! 20, 11114, 0 O 11W 7\1
34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert 38 MAeage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund
?-'
41. AFFIRME arW subscn to bet me this/ 44. Signature of SO
42 day ^v?Q t Dep. Sheriff
R IAL S E AL /NOTARY 46. Signature of Yixk
R
L' a ? ?^ ? •?F? n T'ORY' PU9LIC unty Sherif
?;- C CClUNTY
=.:r tE i AUG. 12, 2009 Signature of Foreign
4
47 DATE
49 D F
PENNY PRESS OF YORK, INC. Ph (717) 843-4078 Fax (717) 848-1360-
COUNTY OF YORK 2 OF 2
OFFICE OF THE SHERIFF SERVICE CALL,
(717) 771-9601
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY L1* 1 THRU 12
DO NOT DETACH ANY COPES
Phillip Allman et al
3. UEFENDANT/S/
Spanglers Mill Inc et al
2 COURT NUMBER
.m- r? ? i C`lVl 1
4 TYPE OF WRIT OR COMPLA'23?'jj If?f)Ty g 1 s
lotice, Complaint, ? a
SERVE
5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, RISOLD?
TQrry Panne d/b/a Terrv PavnA's Roofing
6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO ,CITY, BORO, TWP, STATE AND ZIP CODE)
AT 110 Diller Road New Cumberland, PA 17070
7. INDICATE SERVICE O PERSONAL U PERSON IN CHARGE lWLEPUTIZE Q9MLa ? 1ST CLASS MAIL U POSTED ? OTHER
NOW March 13, 20 08 I, SHERIFF OF M?AiC COUNTY PA o hereby depu the sheriff of
York COUNTY to execute make urn jg?aC.ording
to law. This deputization being made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVI cOEUT CLImberland
OF CO.
Please mail return of service to Cumberland County Sheriff. Thank you.
ADV FEE PAID BY CUMBERLAND CO SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof
E FILED
o. r Trt WAMt ano AuUKt:bb of ATTORNEY/ ORIGINATOR and SIGNATUI E P H E N M. G R E EC H E R, J R o TH70NE NUMBER 73-A7-2008
111 N, FRONT ST., PO BOX 889, HARRISBURG, PA 17108-0889 17-23114-4121 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed)
CUMBERLAND CO SHERIFF
SPACE BELOW FOR USE OF THE MCRFF - 00 NOT WRITE BELOW THIS LW
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date
or complaint as indicated above. M J M C G I L L Y C S O 13-14-2008 14-6-2008
16. HOW SERVED PERSONAL ( ) RESIDENCE ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW
17. O I hereby certify and return a NOT FOUND because ram unable to locate the individual, company, etc named above. (See remarks below.)
18. NAME AND TITLE OF NDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to De rant) 19. Date of Service 20 TiEne of S ice
Gtr ?, ?
21 ATTEMPT Date Tim Isle Int. Date Time Miles Int. Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int.
22.
23. Advance Costs 24 Service Costs 25 N/F 126. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due on Refund Check No
34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert 38 Mdeage/Postage/Not Found 39. Total Costs 40 Costs Due or Refund
41. AFFIRME and subscribed to befor me this I-r~'' SO ANSWERS
? 44. Signature of 45. DATE
42, day oqA Dep. Sheritt ??
46. signature of York 47 D T
064nty stwo
LIS4 L. C!-:-"f 0w
4 ignature of Foreign 49 DATE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
V.
CIVIL DIVISON - LAW
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING, ;
V.
RONALD B. BLUSTE
PRAECIPE TO ISSUE WRIT OF SUMMONS
TO JOIN ADDITIONAL DEFENDANT
TO THE PROTHONOTARY:
Please issue a Writ of Summons to Join RONALD B. BLUSTE, 6 Roseglen Road
Duncannon, PA 17020, as an Additional Defendant in this case.
Respectfully submitted:
onya vi o
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
O: (717) 240-4686
F: (717) 258-4686
p
C?o
17
,?? Fri
}
4
WRIT TO JOIN ADDITIONAL DEFENDANT
Cumberland County, ss:
The Commonwealth of Pennsylvania to
RONALD B. BLUSTE, 6 ROSEGLEN ROAD, DUNCANNON,
PA 17020
You are notified that TERRY PAYNE, INDIVIDUALLY AND
D/B/A TERRY PAYNE'S ROOFING, has joined you as an
additional defendant in this action, which you are required to
defend.
Date: APRIL 11, 2008
Curtis . Long ono ry
By:
Deputy
(Seal)
Y
No. 08-1537 Civil Term
PHILLIP ALLEMAN AND
ANDREA ALLEMAN
vs
SPANGLER MILLS, INC., INDIVIDUALLY
AND DB/A EWING ROOFING AND
TERRY PAYNE, INDIVIDUALLY AND DB/A
TERRY PAYNE'S ROOFING
Defendant
RONALD B. BLUSTE
6 ROSEGLEN ROAD
DUNCANNON, PA 17020
Additional Defendant
WRIT TO JOINED AN
ADDITIONAL DEFENDANT
SONYA KIVISTO, ESQUIRE
MARCELLO & KIVISTO, LLC
1200 WALNUT BOTTOM ROAD
THIRD FLOOR, SUITE 331
CARLISLE, PA 17015
717-240-4686
Attorney for Defendant
N
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-01537 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLEMAN PHILLIP ET AL
VS
SPANGLERS MILL INC ET AL
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named ADD'L DEFENDANT , to wit:
BLUSTE RONALD B
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of PERRY County, Pennsylvania, to
serve the within WRIT TO ADD'L DEFEN.
On April 23rd , 2008 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs: So answers:
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Perry County 38.15 Sheriff of Cumberland County
.00
75.15 ? vl a P1o 7n
7-
04/23/2008
MARCELLO & KIVISTO
Sworn and subscribe to before me
this day of
A. D.
0 • v
In The Court of Common Pleas of Cumberland County, Pennsylvania
Phillip Alleman et al VS Spangler Mills Inc et al
VS.
Ronald B. Bluste
No. 08-1537 civil
Now, April 15, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry County to execute this Writ, this
deputation being.made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, April 16 , , , 20 0 8 , at 2:12 o'clock P M. served the
within Writ to Join Additional Defendant
upon Ronald B. Blu
at Wheatfield Twp-6 Roseglen Rd. Duncannon, PA 17020
by handing toJennifer Schenk, Defendants girlfriend, Person in Charge
Writ to Join
a True $ Attested. copy of the original Arldii-innal T)efendaut
and made known to
Her
So answers,
the contents thereof.
Aaron D. Richards
Sworn and subscribed before
me this 1uday of pr; f , 200(,
LNUTARIAL GM
LIAR F. MM M. " Public
Feb.16, ^2012
Deputy Sheriff of Perry County, PA
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
v
PHILLIP ALLEMAN and IN THE COURT OF COMMON PLEAS
ANDREA ALLEMAN, OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 08-1537
V.
CIVIL ACTION - LAW
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and JURY TRIAL DEMANDED
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
PLAINTIFFS' REPLY TO NEW MATTER
OF DEFENDANT. TERRY PAYNE
29. The allegations of Paragraph 29 state legal conclusions to which no response is
required. To the extent the allegations are deemed to be factual, they are denied. Plaintiffs
have not entered into any release related to this matter.
30. The allegations of Paragraph 30 state legal conclusions to which no response is
required. To the extent the allegations are deemed to be factual, Plaintiffs aver that Defendant
remains liable to Plaintiffs based on the allegations of the Complaint or not any other party
and/or individual was negligent, careless or reckless.
31. The allegations of Paragraph 31 state legal conclusions to which no response is
required. To the extent the allegations are deemed to be factual, they are denied in that this
action was instituted prior to expiration of the statute of limitations.
32. The allegations of Paragraph 32 state legal conclusions to which no response is
required. To the extent the allegations are deemed to be factual, Defendant is liable to Plaintiff
for the reasons set forth in the Complaint.
33. The allegations of Paragraph 33 state legal conclusions to which no response is
required.
WHEREFORE, Plaintiffs request that judgment be entered in their favor as set forth in
the Complaint.
DATE: ? ,25'l0
100430.1
TUCKER AREJN$WRGA?.C.
By:
btephereM. WeeWer, JIB
Attorney's I.D. No. PA-36803
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFFS
-2-
VERIFICATION
I, PHILLIP ALLEMAN, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
98623.1
Phillip Alle an
VERIFICATION
I, ANDREA ALLEMAN, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
nlnd? PJ OOvffnOJA----
Andrea Alleman
98623.1
. . . 41
CERTIFICATE OF SERVICE
AND NOW, this 2iTtl-i day of AG2i? , 2008, I, Jacquelyn Zettlemoyer,
Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C.,
attorneys for Plaintiffs, hereby certify that I have this day served the within document by
depositing a true and correct copy of the same in the United States Mail, first class, postage
prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
ATTORNEYS FOR DEFENDANT, TERRY PAYNE, INDIVIDUALLY
AND D/B/A TERRY PAYNE'S ROOFING
Timothy J. McMahon, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
ATTORNEYS FOR DEFENDANT, SPANGLERS MILL, INC.
D/B/A EWING ROOFING
Jacquelyn ettlemoyer
100433.1
C'j r"'3 C?
1 K.
G.- ,ice J
O
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
V.
RONALD B. BLUSTE.
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 import to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, 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 YOU LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUED FEE OR
NO FEES.
Cumberland County Bar Association
32 South Bedford Street,
Carlisle, Pennsylvania 17013
(717) 249-3166.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
V.
RONALD B. BLUSTE.
NOTICIA
LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al
partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia
excrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o
sus objeciones a las demandas en contra de tomara medidas y puede entrar una Orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI
NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street,
Carlisle, Pennsylvania 17013
(717) 249-3166.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
V.
RONALD B. BLUSTE.
DEFENDANT TERRY PAYNE'S JOINDER COMPLAINT
DIRECTED TO ADDITIONAL DEFENDANT RONALD B. BLUSTE
AND NOW comes the Defendant Terry Payne, individually and d/b/a Terry
Payne's Roofing, by and through his attorneys, Marcello & Kivisto, LLC, and sets forth
the following:
1. Terry Payne is an adult individual residing at 110 Diller Road, New Cumberland,
PA 17070, who does business as Terry Payne's Roofing. (Terry Payne individually and
d/b/a Terry Payne's Roofing will be referred to hereinafter as "Terry Payne").
2. Additional Defendant Ronald B. Bluste is an adult individual residing at 6 Rose
Glen Road, Duncannon, PA 17020.
3. On or about March 7, 2008, Plaintiffs Phillip and Andrea Alleman filed a
Complaint against Defendants, Spangler Mills, Inc., individually and d/b/a Ewing
Roofing and Terry Payne individually and d/b/a Terry Payne's Roofing, seeking property
damage stemming from a fire, which occurred on or about November 6, 2006, at the
Mountain View Village Apartments. (A copy of Plaintiffs' Complaint is attached hereto
as Exhibit "1" and made a part hereof by reference without admission or adoption.)
4. Defendant Terry Payne filed his Answer, New Matter, and Cross-Claim to
Plaintiff's Complaint on or about April 14, 2008. (A copy of Defendant's Answer, New
Matter, and Cross-Claim to Plaintiff's Complaint is attached hereto as Exhibit "2" and
made a part hereof by reference as though set forth in full.)
5. On April 11, 2008 Defendant Terry Payne had the Prothonotary of Cumberland
County issue a Writ of Summons to Join Additional Defendant Ronald B. Bluste to the
instant action. (A copy of the Writ is attached hereto as Exhibit "Y and made part hereof
by reference as though set forth in full.)
6. On April 16, 2008, Terry Payne perfected service to join Additional Defendant
Ronald B. Bluste, via deputized Sheriff's service, as evidenced by the attached Sheriffs
Return of Service Form. (A copy of Sheriffs Return of Service Form regarding
Defendant Terry Payne's Writ to Join Additional Defendant is attached hereto as Exhibit
"4" and made part hereof by reference as though set forth in full.)
7. In Plaintiffs' Complaint, it is alleged that on November 6, 2006, a fire occurred at
the Mountain View Village Apartments, in which the apartment of Plaintiffs Phillip and
Andrea Alleman was located.
8. Plaintiffs' Complaint also alleges that said fire occurred at the time roofing work
was being performed on the Mountain View Village Apartments.
9. Plaintiffs' Complaint further alleges that said fire was a result of the negligence,
carelessness and recklessness of the roofers carrying out the work at the apartment
complex.
10. Additional Defendant Ronald B. Bluste was performing roofing work on the
Mountain View Apartment Complex on November 6, 2006, at the time the fired
occurred.
COUNT I--INDEMNIFICATION
Terry Payne, individually and d/b/a, Terry Payne's Roofing v. Ronald Bluste
11. Defendant Terry Payne incorporates the averments of paragraphs 1 thru 10 of this
Complaint as if set forth in full here.
12. Plaintiffs have filed suit against Defendant Terry Payne for damages arising out of
this fire.
13. Plaintffs seek damages in excess of $42,000.
14. If Plaintiffs sustained the damages as alleged in their Complaint, said damages
being herein strictly denied, then said damages were due solely to the actions, statements,
or omissions of Additional Defendant Ronald B. Bluste and were not due to any actions,
statements, or omissions of Defendant Terry Payne.
15. Additional Defendant Ronald B. Bluste is solely liable to Plaintiffs, or in
the alternative, should Defendant Terry Payne be found liable to Plaintiffs,
liability being herein strictly denied, then Additional Defendant Ronald B. Bluste
is jointly and severally liable with Defendant Terry Payne and is liable over to
Defendant Terry Payne by way of contribution and/or indemnification.
WHEREFORE, Defendant Terry Payne respectfully requests judgment in its
favor and against the Additional Defendant Ronald B. Bluste.
onya sto (PA No. 92919)
Mary tt (PA No. 207664)
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
(717)240-4686
95/05/z0011 °P.z 9: .4 VAX i1725184G06
!Y
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
CIVIL DIVISON -
v_
SPANGLER MILLS, INC., Individually JURY TRIAL DE
and d/b/a EWINU ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY P"NE'S ROOFING,
V,
RONALD B. BLUSTE,
VERIFICATION
I, Terry Payne, hereby verify that the averments made in the atte
are true and correct to the best of my information, knowledge and belies
information available. I understand that false statements herein are roa<
penalties of 18 Pa.C^S.A,. Section 4904 relating to unsworn falsification
By:
IJated: ?5~ la -!12;9
90/90 39Vd SV-19MJ9a3WV3dA
®006/006
,AW
upon the
:et to the
i
i
I
i
i
i
I
i
.I '
LT99LELLTL 80:TT 800Z/ZT/90
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
NO. 08-1537
CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
V.
RONALD B. BLUSTE.
CERTIFICATE OF SERVICE
I certify that the foregoing Joinder Complaint in the within action was served upon the
following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing
same in the United States Mail, First Class Mail, in Carlisle, PA on the __QL? day of May, 2008.
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs
Timothy McMahon
Marshall Dennehey
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Attorney for Defendant
Spangler Mills, Inc., &h1a Ewing Roofing
Ronald B. Bluste
6 Roseglen Road
Duncannon, PA 17020
Mary Matt sq.
Tucker Arensberg, P.C. 111 North Front Street
BY; P. O. Box 889
Stephen M. Greecher, Jr. (I.D. No. PA-36803) Harrisburg, PA 17108-0889
ATTORNEYS FOR PLAINTIFFS (717) 234-4121
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
JURY TRIAL DEMANDED -
C> 1_4
;?o s
x
NO. Cl v;t Ter-nti
CIVIL ACTION - LAW
? rn
a ?
3
CIVIL ACTION COMPLAINT
"NOTICE"
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (2o) 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 buy 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 of other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER 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.
LAWYER REFERENCE SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166 -Toll Free (Soo) 99o-9108
98624.1
i°AVISO"
C..)
F_4
z rq
m<
Gn
z°
fi
"Le han demandado en corte. Si usted desea defender contra las demandas
dispuestas en las p'aginas siguientes, usted debe tomar la action en el plazo de
veinte (20) dies despuds de esta queja y se sirve el aviso, incorporando un aspecto
escrito personalmente o y archivando en escribir con la corte sus defensas u
objeciones a las demandas dispuestas contra usted el abogado le advierte que que si
usted no puede hater ast que el caso puede proceder sin usted y un juicio se puede
incorporar contra usted compra la corte sin aviso adicional para cualquier dinero
demandado en la queja o Para cualquier otra demanda o relevacibn pedida Por el
demandante. Usted puede perder el dinero o la caracteristica de otra endereza
importante a usted
USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE.
S1 USTED NO HACE QUE UN ABOGADO VAYA A 0 LLAME POR
TELtFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE
PROVEER DE USTED LA INFORMAC16N SOBRE EMPLEAR A UN
ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO,
ESTA OFICINA PUEDE PODER PROVEER DE USTED LA INFORMACION
SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS DE LA OFERTA
DE MAYO A LAS PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO
O NINGUN HONORARIO
SERVICIO DE REFERENCLA LEGAL
Cumberland County Bar Association
32 South Bedford
Carlisle, Pennsylvania 17013
(717) 249-3166 -Toll Free (Soo) 99o-9108
E ^PY FROM RECORD
C#V 17
M
in T eetmony w?r?, . I berg n
end t Seal of said C-,,kl a, Car{l6teF Pa.
PHILLIP ALLEMAN and IN THE COURT OF COMMON PLEAS
ANDREA ALLEMAN, OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
v
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
COMPLAINT
NO.
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
1. Plaintiffs are Phillip Alleman and Andrea Alleman, husband and wife, adult
individuals who reside at 426 Valley Street, Marysville, Perry County, PA 17053.
2. Defendant, Spanglers Mill, Inc., individually and d/b/a Ewing Roofing, is a
corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with
offices at 1425 Spanglers Mill Road, Camp Hill, Cumberland County, PA 17011.
3. Defendant, Terry Payne, is an adult individual, with an address of 110 Diller
Road, New Cumberland, Fairview Township, York County, PA 17070, who does business as
Terry Payne's Roofing. Terry Payne, Individually and d/b/a Terry Payne's Roofing hereinafter
will be referred to as Terry Payne.
4. On November 6, 2006, Phillip Alleman and Andrea Alleman resided at
Apartment 109, Mountain View Village Apartments, 4181 Elk Court, Hampden Township,
Cumberland County, Pennsylvania.
5. On November 6, 2006, roofing work was being done on the building of the
Mountain View Village Apartments in which the apartment of Phillip Alleman and Andrea
Alleman was located.
6. On November 6, 2006, while the roofing work was being done on the apartment
building by the Defendants, the building caught on fire.
7. The roofers noticed the fire at or around 12:15 p.m.
8. The fire originated outside at or near a small bush and the rear wall of the 18-unit
apartment building.
9. At or around the time of the fire, the workers doing the roofing work for the
Defendants were smoking on the roof and on the site.
10. Numerous cigarette butts were found in the mulch and in the bushes and bush
clippings behind the apartment building in the area right below where the roofers were working
and smoking on November 6, 2006 and where the fire originated.
11. As a result of the negligence, carelessness and recklessness of the roofers
carrying out the work, smoking on the roof and discarding cigarette butts and smoking materials
at the site, a fire occurred starting in the bushes, mulch or bush clippings adjacent to the
building, advancing up the side of the building and catching the roof on fire.
12. As a result of the fire, Phillip Alleman and Andrea Alleman suffered substantial
personal property losses and other damages in excess of $42,000.00.
COUNTI
Phillip Alleman and Andrea Alleman
V.
Spanglers Mill, Inc., Individually and d/b/a Ewing Roofing
13. The allegations contained in all prior paragraphs of the within Complaint are
incorporated herein as if fully set forth at length.
-2-
14. Spanglers Mill, Inc., individually and d/b/a Ewing Roofing, was under contract
with the owner of the apartment complex or Property Management, Inc. to perform the roof work
at issue in this case.
15. The individuals carrying out the roofing work who negligently, carelessly and
recklessly carried out the work smoked while on the roof and negligently, carelessly and
recklessly discarded cigarette butts and smoking materials at the site causing the fire at issue in
this case were actual or apparent agents, servants or employees of Spanglers Mill, Inc., d/b/a
Ewing Roofing, acting in their capacity as such.
16. The aforesaid individuals carrying out the roofing work were under the control of
Spanglers Mill, Inc. d/b/a Ewing Roofing and/or Spanglers Mill, Inc. d/b/a Ewing Roofing had the
right to control the aforesaid individuals.
17. Spanglers Mill, Inc. d/b/a Ewing Roofing is liable for the negligence, carelessness
and recklessness of the individuals who were carrying out the roofing work, said negligence,
carelessness and recklessness consisted of:
(a) smoking on the roof;
(b) improperly disposing of cigarette butts and smoking materials at the site;
(c) failing to properly extinguish cigarette butts and smoking materials;
(d) permitting smoking materials and cigarette butts to come into contact with
combustible items at or around the apartment building when said cigarette butts and
smoking materials had not been extinguished;
(e) disposing of cigarette butts and smoking materials in an area containing
combustible materials;
-3-
(f) failing to realize that the careless smoking practices and disposal of
cigarette butts and smoking materials exposed the property to an unreasonable risk of
harm;
(g) failing to promptly and timely notice that their actions had caused
combustion of material on the ground behind the apartment building and Plaintiffs'
apartment; and promptly and properly extinguishing the fire before it could damage the
apartment building and Plaintiffs' apartment;
(h) violating applicable governmental or other regulations regarding smoking
on a job site, smoking on a roof and discarding cigarette butts and smoking materials;
and
(i) failing to carry out the roofing work in the manner applicable for
competent and skilled roofers.
18. Spanglers Mill, Inc. d/b/a Ewing Roofing was responsible for carrying out the
roofing work and overseeing the work that was being done and negligently, carelessly and
recklessly carried out this obligation in that it did not have individuals on the scene to fulfill this
obligation and did not properly supervise the work such that the individuals carrying out the work
smoked on the roof, improperly discarded cigarette butts and smoking materials at the site.
19. Spanglers Mill, Inc. d/b/a Ewing Roofing was further negligent, careless and
reckless in failing to:
(a) provide proper orders and directions to individuals, companies and
contractors carrying out the roofing work;
(b) hire competent individuals, companies and contractors;
-4-
(c) provide for taking proper precautions to insure that the individuals,
companies and contractors performing the roofing work properly carried out the work
and safely disposed of any cigarette butts and smoking materials;
(d) exercise reasonable care regarding the exercise of Spanglers Mill, Inc.
d/b/a Ewing Roofing's control of the work;
(e) exercise reasonable care in supervising the work that was done;
(f) provide adequate training for safe practices and for smoking on a job site;
and
(g) advise individuals working on the job site to properly dispose of cigarette
butts and smoking materials.
20. As a direct and proximate result of the negligence, carelessness and
recklessness of Defendant, Spanglers Mill, Inc. d/b/a Ewing Roofing, and its actual or apparent
agents, servants and employees, the fire resulted and the Plaintiffs sustained the damages set
forth herein.
WHEREFORE, Plaintiffs demand judgment against Spanglers Mill, Inc. d/b/a Ewing
Roofing, in an amount sufficient to compensate them for their damages and losses, plus
interest, costs and damages for delay.
COUNT II
Phillip Alleman and Andrea Alleman
V.
Terry Payne, Individually and d/b/a Terry Payne's Roofing
21. The allegations contained in all prior paragraphs of the within Complaint are
incorporated herein as if fully set forth at length.
-5-
22. Defendant, Terry Payne, is a roofing contractor, and entered into a contract with
Spanglers Mill, Inc., individually and d/b/a Ewing Roofing and/or the owners of the apartment
complex or Property Management, Inc. for carrying out the roofing work at issue in this case.
23. The individuals performing the roofing work who negligently, carelessly and
recklessly smoked on the roof and negligently, carelessly and recklessly discarded cigarette
butts and smoking materials at the site causing the fire at issue in this case were actual or
apparent agents, servants and employees of Terry Payne.
24. The aforesaid individuals carrying out the roofing work were under the control of
Terry Payne and/or Terry Payne had the right to control the aforesaid individuals.
25. Terry Payne is liable for the negligence, carelessness and recklessness of the
individuals who were carrying out the roofing work, said negligence, carelessness and
recklessness consisting of:
(a) smoking on the roof;
(b) improperly disposing of cigarette butts and smoking materials at the site;
(c) failing to properly extinguish cigarette butts and smoking materials;
(d) permitting smoking materials and cigarette butts to come into contact with
combustible items at or around the apartment building when said cigarette butts and
smoking materials had not been extinguished;
(e) disposing of cigarette butts and smoking materials in an area containing
combustible materials;
(f) failing to realize that the careless smoking practices and disposal of
cigarette butts and smoking materials exposed the property to an unreasonable risk of
harm;
-6-
(g) failing to promptly and timely notice that their actions had caused
combustion of material on the ground behind the apartment building and Plaintiffs'
apartment; and promptly and properly extinguishing the fire before it could damage the
apartment building and Plaintiffs' apartment;
(h) violating applicable governmental or other regulations regarding smoking
on a job site, smoking on a roof and discarding cigarette butts and smoking materials;
and
(i) failing to carry out the roofing work in the manner applicable for
competent and skilled roofers.
26. Terry Payne was responsible for carrying out the roofing work and overseeing
the work that was being done and negligently, carelessly and recklessly carried out this
obligation in that he did not have individuals on the scene to fulfill this obligation and did not
properly supervise the work such that the individuals carrying out the work smoked on the roof
and improperly discarded cigarette butts and smoking materials at the site.
27. Terry Payne was further negligent, careless and reckless in failing to:
(a) provide proper orders and directions to individuals, companies and
contractors carrying out the roofing work;
(b) hire competent individuals, companies and contractors;
(c) provide for taking proper precautions to insure that the individuals,
companies and contractors performing the roofing work properly carried out the work
and safely disposed of any cigarette butts and smoking materials;
(d) exercise reasonable care regarding the exercise of Terry Payne's control
of the work;
(e) exercise reasonable care in supervising the work that was done;
-7-
(f) provide adequate training for safe practices and for smoking on a job site;
and
(g) advise individuals working on the job site to properly dispose of cigarette
butts and smoking materials.
28 As a direct and proximate result of the negligence, carelessness and
recklessness of Terry Payne and his agents, servants and employees, the fire resulted and the
Plaintiffs sustained the damages set forth herein.
WHEREFORE, Plaintiffs demand judgment against Terry Payne, Individually and d/b/a
Terry Payne's Roofing, in an amount sufficient to compensate them for their damages and
losses, plus interest, costs and damages for delay.
By:
DATE: - J (7
98595,1
TUCKER
---r•._...... ... ---. -,
Attorney's I.D. No. PA-36803
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFFS
-8-
Respectfully submitted,
VERIFICATION
I, ANDREA ALLEMAN, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
98623.1
()Mr IM??_ MM
Andrea Alleman
VERIFICATION
I, PHILLIP ALLEMAN, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
dW§-4f W-M
Phli ip Alle an
98623.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
Plaintiffs, CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a :
TERRY PAYNE'S ROOFING,
Defendants.
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 import to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, 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 YOU LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUED FEE OR
NO FEES.
Cumberland County Bar Association
32 South Bedford Street,
Carlisle, Pennsylvania 17013
(717) 249-3166.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
Plaintiffs, CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
Defendants.
NOTICIA
LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al
partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia
excrita o en persona o por abogado y archivar en la corte en forma excrita sus defenses o
sus objeciones a las demandas en contra de tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos
importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI
NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street,
Carlisle, Pennsylvania 17013
(717) 249-3166.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
Plaintiffs, CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants.
JURY TRIAL DEMANDED
DEFENDANT TERRY PAYNE'S ANSWER
WITH NEW MATTER AND CROSS-CLAIM
1. Denied. Answering Defendant is without information or belief as to the
truth of the averments of Paragraph 1; hence they are denied and proof is demanded at the
time of trial.
2. Admitted upon information and belief.
3. Admitted.
4. Denied. Answering Defendant is without information or belief as to the
truth of the averments of Paragraph 4; hence they are denied and proof is demanded at the
time of trial. The averments are further denied pursuant to Pa.R.Civ.P. 1029(e) and proof
is demanded at the time of trial.
5. Admitted in part and denied in part. It is admitted that roofing work was
performed on the Mountain View Village Apartments on or about November 6, 2006.
Answering Defendant is without information or belief as to the truth of the remaining
averments; hence those averments are denied and proof is demanded at the time of trial.
6. Admitted in part and denied in part. It is admitted that there was a fire at
Mountain View Village Apartments. It is denied that the fire was the result of or caused
by the roofing work or the actions of Answering Defendant.
7. Denied. Answering Defendant is without information or belief as to the
truth of the averments of Paragraph 7; hence they are denied and proof is demanded at the
time of trial.
8. Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e).
9. Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e).
10. Denied. Answering Defendant is without information or belief as to the
truth of the averments of Paragraph 10; hence they are denied and proof is demanded at
the time of trial. Further, the averments of Paragraph 10 are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
11. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
deemed necessary, the averments are specifically denied and proof is demanded at the
time of trial. The averments of this paragraph are further denied pursuant to Pa.R.Civ.P.
1029(e) and proof is demanded at the time of trial.
12. Denied. The averments of this paragraph are specifically denied and proof
is demanded at the time of trial. The averments are further denied pursuant to
Pa.R.Civ.P. 1029(e) and proof is demanded at the time of trial.
COUNT I
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLERS MILL, INC., INDIVIDUALLY and d/b/a EWING ROOFING
13. Answering Defendant incorporates the averments of paragraphs 1 through
12 of this Answer herein and makes them a part hereof as if set forth in full.
14. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. To the extent a responsive pleading is required, Answering Defendant is
without information or belief as to the truth of the averments of Paragraph 14; hence they
are denied and proof is demanded at the time of trial.
15. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is deemed
necessary, the averments are specifically denied and denied pursuant to Pa.R.Civ.P.
1029(e); proof is demanded at the time of trial.
16. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. To the extent a responsive pleading is deemed necessary, the averments are
specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the
time of trial.
17. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is deemed
necessary, the averments are specifically denied and denied pursuant to Pa.R.Civ.P.
1029(e); proof is demanded at the time of trial.
18. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is deemed
necessary, the averments are specifically denied and denied pursuant to Pa.R.Civ.P.
1029(e); proof is demanded at the time of trial.
19. The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is deemed
necessary, the averments are specifically denied and denied pursuant to Pa.R.Civ.P.
1029(e); proof is demanded at the time of trial.
20. , The averments of this paragraph are directed at an individual other than
Answering Defendant; hence no responsive pleading is required from Answering
Defendant. The averments of this paragraph are further denied as conclusions of law to
which no responsive pleading is required. To the extent a responsive pleading is
required, the averments of this paragraph are specifically denied; proof is demanded at
the time of trial. The averments are further denied pursuant to Pa.R.Civ.P. 1029(e) and
proof is demanded at the time of trial.
COUNT II
PHILLIP ALLEMAN and ANDREA ALLEMAN
v.
TERRY PAYNE, Individually and d/b/a TERRY PAYNE'S ROOFING
21. Answering Defendant incorporates the averments of paragraphs 1 through
20 of this Answer herein and makes them a part hereof as if set forth in full.
22. Admitted in part and denied in part. It is admitted that Answering
Defendant is a roofing contractor and entered into an agreement with Spangler Mills, Inc.
d/b/a Ewing Roofing for carrying out the roofing work at issue in this case. It is denied
that Answering Defendant contracted with the owners of the apartment complex to carry
out the roofing work. It is further denied that any formal contract existed between
Answering Defendant and Spangler Mills, Inc. d/b/a Ewing Roofing for carrying out the
roofing work at issue in this case.
23. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
deemed necessary, it is specifically denied that the individuals referred to in this
paragraph were actual or apparent agents, servants, and/or employees of Answering
Defendant and proof is demanded at time of trial.
24. Denied. The averments are specifically denied and denied pursuant to
Pa.R.Civ.P. 1029(e). It is specifically denied that Answering Defendant had the right to
control the aforesaid individuals in the averments of paragraphs 23 and 24, or that such
individuals were under Answering Defendant's control; proof is demanded at time of
trial.
25. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
deemed necessary, it is specifically denied that Answering Defendant is liable for the
acts, omissions or negligence of the individuals performing the contractual work. The
averments of this paragraph are further denied as follows:
(a) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work.
(b) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work.
(c) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work.
(d) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work. By way of
further response, Answering Defendant is without information or belief as
to the truth of the averments of Paragraph 25(d); hence they are denied
and proof is demanded at the time of trial.
(e) Denied. The averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of
trial. It is further denied that Answering Defendant is liable for the acts or
omissions of the individuals carrying out the roofing work. By way of
further response, Answering Defendant is without information or belief as
to the truth of the averments of Paragraph 26(d); hence they are denied
and proof is demanded at the time of trial.
(f) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive
pleading is required, the averments of this paragraph are specifically
denied and denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at
the time of trial.
(g) Denied. The averments of this paragraph are specifically denied and proof
is demanded at the time of trial. It is further denied that Answering
Defendant is liable for the acts or omissions of the individuals carrying out
the roofing work. By way of further response, the averments are further
denied pursuant to Pa.R.Civ.P. 1029(e) and proof is demanded at the time
of trial.
(h) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive
pleading is required, the averments of this paragraph are specifically
denied and denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at
the time of trial.
(i) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive
pleading is required, the averments of this paragraph are specifically
denied and denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at
the time of trial.
26. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
required, the averments of this paragraph are specifically denied and denied pursuant to
Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial. It is further denied that
Answering Defendant was responsible for overseeing and/or supervising the individuals
performing the contractual work.
27. Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading is
required, the averments of this paragraph are specifically denied and proof is demanded
at the time of trial. The averments of this paragraph are further denied as follows:
(a) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is required, the averments of this paragraph are specifically denied and denied
pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
(b) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is required, the averments of this paragraph are specifically denied and denied
pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial. It is
further denied that Answering Defendant was responsible for hiring the
individuals, companies, and contractors who performed the contractual work.
(c) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
(d) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
(e) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at time of trial. It is
further denied that Answering Defendant had a duty to supervise the contractual
work that was done.
(f) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
(g) Denied. The averments of this paragraph are denied as conclusions of law
to which no responsive pleading is required. To the extent a responsive pleading
is deemed necessary, the averments of this paragraph are specifically denied and
denied pursuant to Pa.R.Civ.P. 1029(e); proof is demanded at the time of trial.
28. Denied. The averments of this paragraph are specifically denied and proof
is demanded at the time of trial. The averments are further denied pursuant to Pa.R.Civ.P.
1029(e) and proof is demanded at the time of trial.
WHEREFORE, Answering Defendant requests this Honorable Court enter
judgment in its favor.
NEW MATTER
29. Some or all of Plaintiffs' claims may be barred or reduced by release or
waiver pending discovery.
30. Some or all of Plaintiffs' claims are due to the negligence, carelessness
and/or recklessness of a party and/or individual other than Answering Defendant.
31. Some or all of Plaintiffs' claims may be barred by the statute of
limitations.
32. Answering Defendant is not responsible for any harm allegedly caused by
acts or omissions of third parties for whom it is not responsible and over whom it has no
control.
33. Some or all of Plaintiffs' claims may be precluded for failure to state a
cause of action.
WHEREFORE, Answering Defendant requests this Honorable Court enter
judgment in its favor.
CROSS-CLAIM
TERRY PAYNE v. SPANGLER MILLS, INC.,
Individually and d/b/a EWING ROOFING
34. Answering Defendant incorporates the averments of Paragraphs 1, 2, 4, 5,
6, and 12 of Plaintiffs' Complaint as if set forth in full without admitting the truth thereof.
35. If Plaintiffs sustained the damages as alleged in Plaintiffs' Complaint, said
damages being herein strictly denied, then said damages were caused by acts, omissions
or negligence of Co-Defendant Spangler Mills, Inc. d/b/a Ewing Roofing as set forth in
Plaintiffs' Complaint, to which reference is made hereto without adoption or omission.
36. Co-Defendant Spangler Mills, Inc. d/b/a Ewing Roofing is solely liable to
the Plaintiff, or in the alternative, should Answering Defendant be found liable to
Plaintiff, liability being herein strictly denied, then Co-Defendant Spangler Mills, Inc.
d/b/a Ewing Roofing is jointly and severally liable with Answering Defendant and is
liable over to Answering Defendant by way of contribution and/or indemnification.
WHEREFORE, Terry Payne demands judgment against Defendant Spangler
Mills, Inc. d/b/a Ewing Roofing in an amount not in excess of mandatory arbitration
limits. In the alternative, Answering Defendant requests this Honorable Court hold
Defendant Spangler Mills, Inc. d/b/a Ewing Roofing solely liable to Plaintiffs, liable over
to Answering Defendant for indemnification, or jointly or severally liable to Plaintiffs.
Respectfully submitted,
4rcma a ' 'sto (ID #: 92919)
o o Kivisto, LLC
ell
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
veru r?uvo ?xuN lb: 3Y tE11S /1lLDU 4b6 b IQwL7l VLF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
Plaintiffs, CIVIL DIVISION - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a :
TERRY PAYNE'S ROOFING,
Defendants.
VERIFICATION
1, Terry Payne, hereby verify that the averments made in the attached Answer are
true and correct to the best of my information, knowledge and belief based upon the
information available. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities.
BY:
Dated:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
Plaintiffs, CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants.
CERTIFICATE OF SERVICE
I certify that the foregoing Answer with New Matter and Cross-Claim to
Plaintiffs' Complaint in the within action was served upon the following by enclosing
the same in an envelope addressed as follows, postage prepaid and depositing same in the
United States Mail, First Class Mail, in Carlisle, PA on the J/*"Iday of April, 2008.
Timothy McMahon
Marshall Dennehey
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Attorney for Defendant
Spangler Mills, Inc., d/b/a Ewing Roofing
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
1 I 1 North Front Street
P.O. Box 889
Harrisburg, PA 1710870889
Attorney for Plaintiffs
QJ
jary Klatt
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
V.
RONALD B. BLUSTE
NO. 08-1537
CIVIL DIVISON - LAW
JURY TRIAL DEMANDED
C C=
p 0
-r,
-?
PRAECIPE TO ISSUE WRIT OF SUMMONS
TO JOIN ADDITIONAL DEFENDANT
TO THE PROTHONOTARY:
Please issue a Writ of Summons to Join RONALD B. BLUSTE, 6 Roseglen Road
Duncannon, PA 17020, as an Additional Defendant in this case.
Respectfully submitted:
onya vi o
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
O: (717) 240-4686
F: (717) 258-4686
WRIT TO JOIN ADDITIONAL DEFENDANT
Cumberland County, ss:
The Commonwealth of Pennsylvania to
RONALD B. BLUSTE, 6 ROSEGLEN ROAD, DUNCANNON,
PA 17020
You are notified that TERRY PAYNE, INDIVIDUALLY AND
D/B/A TERRY PAYNE'S ROOFING, has joined you as an
additional defendant in this action, which you are required to
defend.
Date: APRIL 11, 2008
Curtis R. Long, ProthpDtry
By:
Deputy
(Seal)
`. `'s . L
No. 08-1537 Civil Term
PHILLIP ALLEMAN AND
ANDREA ALLEMAN
vs
SPANGLER MILLS, INC., INDIVIDUALLY
AND DB/A EWING ROOFING AND
TERRY PAYNE, INDIVIDUALLY AND D/B/A
TERRY PAYNE'S ROOFING
Defendant
RONALD B. BLUSTE
6 ROSEGLEN ROAD
DUNCANNON, PA 17020
Additional Defendant
WRIT TO JOINED AN
ADDITIONAL DEFENDANT
SONYA KIVISTO, ESQUIRE
MARCELLO & KIVISTO, LLC
1200 WALNUT BOTTOM ROAD
THIRD FLOOR, SUITE 331
CARLISLE, PA 17015
717-240-4686
Attorney for Defendant
5rlt,xll,T - 5 RETURN - OUT OF COUNTY
CASE NO: 2008-01537 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLEMAN PHILLIP ET AL
VS
SPANGLERS MILL INC ET AL
R. Thomas Kline
Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named ADD'L DEFENDANT , to wit:
BLUSTE RONALD B
but was unable to locate Him
deputized the sheriff of PERRY
serve the within WRIT TO ADD'L DEFEN.
County, Pennsylvania, to
On April 23rd , 2008 , this office was in receipt of the
attached return from PERRY
Sheriff's Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Perry County 38.15
04/23/2008
MARCELLO & KIVISTO
Sworn and subscribe to before me
this day of
A. D.
in his bailiwick. He therefore
So answers:
R. Thomas Kline
Sheriff of Cumberland County
r
In The Court of Common Pleas of Cumberland County, Peniisylvania
Phillip Alleman et al VS Spangler Mills Inc et al
VS.
Ronald B. Bluste
No. 08-1537 civil
Now, April 15, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Perry
deputation being made at the request and risk of the Plaintiff.
County to execute this Writ, this
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now, _ April 1 6 , . -.20 o8, at 2:12 o'clock p M. served the
within Writ to Join Additional Defendant
upon Ronald B. Bluste
at Wheatfield Twp-6 Roseglen Rd. Duncannon, PA 17020
by handing to Jennifer Schenk, Defendants girlfriend, Person in Charge
Writ to Join
a True $ Attested. copy of the original Additional Defendant
and made known to Her the contents thereof.
So answers,
Aaron D. Richards
Deputy Sheriff of Perry County, PA
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PHILLIP ALLEMAN and
ANDREA ALLEMAN,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 08-1537 Civil Term
CIVIL ACTION - LAW
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and JURY TRIAL DEMANDED
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
DEFENDANT SPANGLER MILLS. INC.. DB/A EWING ROOFING'S ANSWER TO
DEFENDANT TERRY PAYNE'S CROSS CLAIM
34. Answering Defendant incorporates by reference its Answer with New Matter and
Cross Claim to Plaintiffs Complaint as if fully set forth at length herein.
35. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, said
averments are denied and strict proof thereof is demanded at the time of trial.
36. Denied. The averments set forth in this paragraph constitute conclusions of law to
which no responsive pleading is required. To the extent a response is deemed required, said
averments are denied and strict proof thereof is demanded at the time of trial.
WHEREFORE, Defendants Spangler Mills, Inc., d/b/a Ewing Roofing respectfully
request judgment in its favor and against Defendant Terry Payne, d/b/a Terry Payne's Roofing,
together with such other relief as this Court deems just and appropriate.
v 4*
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE:
000
BY:
ON, ESQUIRE
I.D. 116.52918
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant,
Spangler Mills, Inc., d/b/a Ewing Roofing
. w.
CERTIFICATE OF SERVICE
I, Sarah A. Doerfler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this _12-41 day of June, 2008, I served a copy of the foregoing
document via First Class United States mail, postage prepaid, as follows:
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
PO Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs
Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
3rd Floor, Suite 331
Carlisle, PA 17015
Attorney for Defendant Terry Payne,
Individually and d/b/a Terry Payne's Roofing
A-41 LL?A
Sarah A. Doerfler
05/404067.v1
rn
_..*- rn
N
PHILLIP ALLEMAN and
ANDREA ALLEMAN
V.
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
: NO: 08-1537 Civil Term
: CIVIL ACTION - LAW
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and JURY TRIAL DEMANDED
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING
Defendants
NOTICE TO PLEAD
TO: Phillip Alleman
Andrea Alleman
c/o Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
PO Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs
You are hereby notified to plead to the enclosed New Matter within twenty (20) days
from service hereof or a default judgment may be filed against you.
Respectfully submitted,
DATE:
MARSHALL, DENNEHEY, WARNER,
COLE & GOGGIN
r BY: 7rj
tp l kk TIM HY J. M MAHON, ESQUIRE
I.D. No. 52918
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant,
Spangler Mills, Inc., d/b/a Ewing Roofing
PHILLIP ALLEMAN and
ANDREA ALLEMAN
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
: NO: 08-1537 Civil Term
: CIVIL ACTION -LAW
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and JURY TRIAL DEMANDED
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING
Defendants
ANSWER WITH NEW MATTER AND NEW MATER CROSS CLAIM OF
DEFENDANT SPANGLERS MILL, INC. d/b/a EWING ROOFING TO PLAINTIFF'S
COMPLAINT
1. Admitted in part; denied in part. It is admitted only that Plaintiffs are who they say
they are. All remaining allegations set forth in this paragraph are denied in accordance with Pa.
R.C.P. 1029 on the basis that Defendant, after reasonable investigation, lacks information as to
the truth thereof.
2. Admitted.
3. Admitted upon information and belief.
4. Denied. After reasonable investigation and inquiry, Answering Defendant lacks
information sufficient to form a belief as to the truth of these allegations and accordingly, these
allegations are denied in accordance with Pa. R.C.P. 1029 and proof thereof is demanded, to the
extent relevant.
5. Admitted in part; denied in part. It is admitted only, upon information and belief, that
on November 6, 2006 roofing work was being done on a building at the Mountain View Village
Apartments as alleged. The remaining allegations set forth in this paragraph are denied because
Answering Defendant, after reasonable investigation and inquiry lacks information sufficient to
2
form a belief as to the truth thereof and accordingly, these allegations are otherwise denied in
accordance with Pa. R.C.P. 1029.
6. Denied. It is specifically denied that Answering Defendant Spanglers Miller, Inc.,
d/b/a Ewing Roofing performed roofing work on the apartment building in question on
November 6, 2006. By way of further answering, and upon information and belief, it is admitted
only that a fire occurred at an apartment building on November 6, 2006 in the Mountain View
Village Apartments as alleged.
7. Denied. After reasonable investigation and inquiry, Answering Defendant lacks
information sufficient to form a belief as to the truth of the allegations set forth in this paragraph
and accordingly these allegations are denied in accordance with Pa. R.C.P. 1029 and proof
thereof is demanded, to the extent relevant.
8. Denied. After reasonable investigation and inquiry, Answering Defendant lacks
information sufficient to form a belief as to the truth of the allegations set forth in this paragraph
and accordingly these allegations are denied in accordance with Pa. R.C.P. 1029 and proof
thereof is demanded, to the extent relevant.
9. Denied. After reasonable investigation and inquiry, Answering Defendant lacks
information sufficient to form a belief as to the truth of the allegations set forth in this paragraph
and accordingly these allegations are denied in accordance with Pa. R.C.P. 1029 and proof
thereof is demanded, to the extent relevant.
10. Denied. After reasonable investigation and inquiry, Answering Defendant lacks
information sufficient to form a belief as to the truth of the allegations set forth in this paragraph
and accordingly these allegations are denied in accordance with Pa. R.C.P. 1029 and proof
thereof is demanded, to the extent relevant.
3
11. Denied. The allegations set forth in this paragraph constitute conclusions of law with
new meaning of Pa. R.C.P. 1029 and accordingly these allegations are denied and proof thereof
in demanded, to the extent relevant.
12. Denied. The allegations set forth in this paragraph constitute conclusions of law
within the meaning of Pa. R.C.P. 1029 and accordingly these allegations are denied and proof
thereof in demanded, to the extent relevant.
COUNTI
Phillip Alleman and Andrea Alleman v.
Spanylers Mill, Inc. Individually and d/b/a Ewine Roofma
13. Answering Defendant incorporates by reference its responses to paragraphs 1 through
12 above as if set forth at length herein.
14. Denied as stated. It is specifically denied that Defendant Spanglers Mill, Inc., d/b/a
Ewing Roofing had a contract with the owner of the apartment complex, Property Management,
Inc., to perform the roof work at issue in this case. Plaintiff s Complaint fails to attach any
contract which is referenced or alleged in this paragraph. By way of further answer, defendant
Spanglers Mill, Inc., d/b/a Ewing Roofing performed no work upon the apartment building in
question at and/or around the time of the subject fire.
15. Denied. All allegations of actual and/or apparent agency between Answering
Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing and those individuals who actually
performed roofing work on the subject apartment building at and/or around the time of the
subject fire are specifically denied. To the contrary, no actual, apparent or ostensible agent of
Spanglers Mill, Inc., d/b/a Ewing Roofing performed any roofing work whatsoever on the
subject apartment building at and/or around the time of the subject fire. To the contrary, the
roofing work in question was performed by independent contractors, not by any actual,
4
ostensible or apparent agents, servants workman and/or employees of Defendant Spanglers Mill,
Inc., d/b/a Ewing Roofing. By way of further answer, all remaining allegations set forth in this
paragraph constitute conclusions of law within the meaning of Pa. R.C.P. 1029 and accordingly
these allegations are denied and proof thereof is demanded, to the extent relevant.
16. Denied. Spanglers Mill, Inc., d/b/a Ewing Roofing specifically denies that those
individuals referenced in paragraph 15 above were under the control and/or right of control of
Answering Defendant. To the contrary, the individuals who performed roofing work upon the
subject apartment building at and/or around the time of the subject fire were not under the
control nor under the right of control of Spanglers Mill, Inc., d/b/a Ewing Roofing but rather, and
to the contrary, were independent contractors over whom Spanglers Mill, Inc., d/b/a Ewing
Roofing had neither control nor right of control whatsoever.
17. Denied. The allegations set forth in this paragraph together with its subparts (a)
through (i) are denied as conclusions of law within the meaning of Pa. R.C.P. 1029 and proof
thereof to the contrary is demanded, to the extent relevant. By way of further answer, all
allegations of negligence, carelessness and/or recklessness are otherwise denied.
18. Denied. Spanglers Mill, Inc., d/b/a Ewing Roofing specifically denies the allegation
that it had any responsibility whatsoever for carrying out roofing work and/or overseeing roofing
work that was being performed by others with respect to the subject apartment building at and/or
around the time of the subject fire. To the contrary, such roofing work was performed by
independent contractors over whom Spanglers Mill, Inc., d/b/a Ewing Roofing had neither
control nor right of control. By way of further answer, all remaining allegations set forth in this
paragraph are denied as conclusions of law within the meaning of Pa. R.C.P. 1029 and proof
thereof to the contrary is demanded, to the extent relevant.
5
19. Denied. All allegations set forth in this paragraph together with its subparts (a)
through (g) are denied as conclusions of law with new meaning of Pa. R.C.P. 1029 and
accordingly no further responsive pleading is required by Answering Defendant and proof
thereof to the contrary is demanded to the extent relevant. By way of further answer, to the
extent that the allegations set forth in this paragraph are deemed to require a further response by
Spanglers Mill, Inc., d/b/a Ewing Roofing, then the allegations are otherwise denied on the basis
that Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a
belief as to the truth thereof and accordingly these allegations are denied and proof thereof is
demanded, to the extent relevant.
20. Denied. The allegations set forth in this paragraph constitute conclusions of law
within the meaning of Pa. R.C.P. 1029, and accordingly these allegations are denied and proof
thereof is demanded, to the extent relevant.
WHEREFORE, Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing demands judgment
in its favor against Plaintiffs together with such other relief as this court shall deem appropriate.
COUNT II
Phillip Alleman and Andrea Alleman v.
Terry Payne. Individually and d/b/a Terry Payne's Roofing
21. Answering Defendant incorporates by reference its response to paragraphs 1 through
20 above as if set forth at length herein.
22. Denied. The allegations set forth in this paragraph are directed to a party other than
Answering Defendant and accordingly, no further responsive pleading is required of Answering
Defendant. By way of further answer, to the extent that any further responsive pleading is
deemed required from Answering Defendant then it is admitted only that Defendant Spanglers
Mill, Inc., d/b/a Ewing Roofing subcontracted roofing work to be performed at the subject
6
apartment building to defendant Terry Payne. All remaining allegations set forth in this
paragraph are denied.
23. Denied. The allegations set forth in this paragraph are directed to a party other than
Answering Defendant and accordingly no further responsive pleading is required. By way of
further answer, and to the extent any further responsive pleading is deemed required from
Answering Defendant, the allegations set forth in this paragraph are otherwise denied as
conclusions of law within the meaning of Pa. R.C.P. 1029.
24. Denied. The allegations set forth in this paragraph are directed to a party other than
Answering Defendant and accordingly no further responsive pleading is required. By way of
further answer, and to the extent any further responsive pleading is deemed required from
Answering Defendant, the allegations set forth in this paragraph are otherwise denied as
conclusions of law within the meaning of Pa. R.C.P. 1029.
25. Denied. The allegations set forth in this paragraph are directed to a party other than
Answering Defendant and accordingly no further responsive pleading is required. By way of
further answer, and to the extent any further responsive pleading is deemed required from
Answering Defendant, the allegations set forth in this paragraph are otherwise denied as
conclusions of law within the meaning of Pa. R.C.P. 1029.
26. Denied. The allegations set forth in this paragraph are directed to a party other than
Answering Defendant and accordingly no further responsive pleading is required. By way of
further answer, and to the extent any further responsive pleading is deemed required from
Answering Defendant, the allegations set forth in this paragraph are otherwise denied as
conclusions of law within the meaning of Pa. R.C.P. 1029.
7
27. Denied. The allegations set forth in this paragraph are directed to a party other than
Answering Defendant and accordingly no further responsive pleading is required. By way of
further answer, and to the extent any further responsive pleading is deemed required from
Answering Defendant, the allegations set forth in this paragraph are otherwise denied as
conclusions of law within the meaning of Pa. R.C.P. 1029.
28. Denied. The allegations set forth in this paragraph are directed to a party other than
Answering Defendant and accordingly no further responsive pleading is required. By way of
further answer, and to the extent any further responsive pleading is deemed required from
Answering Defendant, the allegations set forth in this paragraph are otherwise denied as
conclusions of law within the meaning of Pa. R.C.P. 1029.
WHEREFORE, Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing demands judgment
in its favor and against Plaintiffs together with such other relief as this court shall deem
appropriate.
NEW MATTER DIRECTED TO PLAINTIFFS
29. Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing, reserves its right to raise one or
more of those defenses set forth at Pa. R.C.P. 1030.
30. No act or omission on the part of Defendant Spanglers Mill, Inc., d/b/a Ewing
Roofing was the factual cause of Plaintiffs' damages, all such damages being expressly denied.
31. Plaintiffs' damages, if any, all such damages being expressly denied, were caused by
persons, parties and/or entities over whom Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing
had neither control nor right of control as a matter of law and for whom Defendant Spanglers
Mill, Inc., d/b/a Ewing Roofing therefore has no legal responsibility whatsoever.
32. Spanglers Mill, Inc., d/b/a Ewing Roofing owed Plaintiffs no duty of care under the
material and well pleaded circumstances set forth in Plaintiffs' Complaint as a matter of law.
8
WHEREFORE, Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing demands judgment
in its favor and against Plaintiffs together with such other relief as this court shall deem
appropriate.
NEW MATTER CROSS CLAIM DIRECTED TO DEFENDANT TERRY PAYNE
PURSUANT TO PA. R.C.P. 1031.1
33. Defendant, Spanglers Mil, Inc., d/b/a Ewing Roofing, incorporates herein, without
admission, the material and well pleaded allegations set forth in Plaintiffs' Complaint as against
Defendant Terry Payne individually and d/b/a Terry Payne's Roofing, as if set forth at length
herein.
34. If any of the material and well pleaded allegations set forth in Plaintiffs' Complaint as
against Defendant Terry Payne individually and d/b/a Terry Payne's Roofing are proven at trial,
Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing asserts that Defendant Terry Payne,
individually and d/b/a Terry Payne's Roofing is liable to Plaintiffs, or is liable to Defendant
Spanglers Mill, Inc., d/b/a Ewing Roofing or is jointly and/or severely liable to Plaintiffs and
Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing for contribution and/or indemnification.
WHEREFORE, Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing demands judgment
in its favor and further demands that any judgment entered in favor of Plaintiffs be entered
against Defendant Terry Payne individually and d/b/a Terry Payne's Roofing alone and solely as
to Plaintiffs. In the alternative, Defendant Spanglers Mill, Inc., d/b/a Ewing Roofing demands
that in the event that judgment is entered against it for any liability on its part, all such liability
being expressly denied, any such judgment being entered against Defendant Terry Payne
individually and d/b/a Terry Payne's roofing solely and on the basis that this Defendant owes an
obligation of indemnification and/or contribution to Defendant Spanglers Mill, Inc., d/b/a Ewing
Roofing as a matter of law.
9
Respectfully submitted,
DATE:
bl\?\DI
BY:
10
MARSHALL, DENNEHEY, WARNER,
CMAN & GOGGIN
J?
TIM HY J. Mc HON, ESQUIRE
I.D. No. 52918
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant,
Spangler Mills, Inc., d/b/a Ewing Roofing
CERTIFICATE OF SERVICE
I, Sarah A. Doerfler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this 'day of June, 2008, I served a copy of the foregoing
document via First Class United States mail, postage prepaid, as follows:
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
PO Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs
05/388511.0
Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
3rd Floor, Suite 331
Carlisle, PA 17015
Attorney for Defendant Terry Payne,
Individually and d/b/a Terry Payne's Roofing
11
VERIFICATION
I hereby affirm that the following facts are correct:
Spangler Mills, Inc., d/b/a Ewing Roofing, is a Defendant in the foregoing action and I
am authorized to execute this Verification on their behalf. The attached Answer with New Matter
and New Matter Cross Claim are based upon information which has been gathered by my
Counsel in the defense of this lawsuit. The language of the Answer with New Matter and New
Matter Cross Claim is that of Counsel and not of me. I have read the Answer with New Matter
and New Matter Cross Claim and to the extent that the responses are based upon information
which I have given to my Counsel, they are true and correct to the best of my knowledge,
information and belief. To the extent that the contents of the responses are that of Counsel, I
have relied upon Counsel in making this Verification. I hereby acknowledge that the facts set
forth in the aforesaid responses are made subject to the penalties of 18 PA C.S. § 4904 relating to
unsworn falsification to authorities.
DATE: / ' 0 - 6 0 BY:
05/372662.v1
71
n M
erIt t
Ca4 --C
100
I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and NO. 08-1537
ANDREA ALLEMAN,
CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
JURY TRIAL DEMANDED
V.
RONALD B. BLUSTE.
DEFENDANT TERRY PAYNE'S. INDIVIDUALLY AND d/b/a TERRY PAYNE'S
ROOFING:- ANSWER TO DEFENDANT SPANGLER MILLS, INC.'S,
CROSS-CLAIM TO PLAINTIFF'S COMPLAINT
NEW MATTER DIRECTED TO PLAINTIFFS
29-32. Paragraphs 29-32 are addressed to a Party other than Answering Defendant and,
as such, no response is required. To the extent the averments are directed at Answering
Defendant, they are specifically denied, denied pursuant to Pa.R.C.P. 1029(e), and denied
as conclusions of law to which no responsive pleading is required.
WHEREFORE, Defendant Terry Payne, Individually, and d/b/a Payne's Roofing,
requests this Honorable court to enter judgment in his favor.
J
NEW MATTER AND CROSS CLAIM DIRECTED TO DEFENDANT
TERRY PAYNE PURSUANT TO Pa.R.Civ.P.1031.1
33. Defendant, Terry Payne incorporates herein his answers to Plaintiffs' Complaint
as if set forth at length herein.
34. Denied. The averments of this paragraph are denied as conclusions of law to
which no responsive pleading is required. To the extent that a response is required, the
averments set forth in this Paragraph are denied in accordance with Pa.R.C.P. 1029(e).
By way of further answer, it is specifically denied that Defendant Terry Payne is solely
liable to Plaintiffs and/or is liable to Defendant Spangler Mills, Inc. d/b/a Ewing Roofing,
and jointly and/or severally liable to Plaintiffs and Defendant Spangler Mills, Inc. d/b/a
Ewing Roofing, for contribution and/or indemnification. Further, any or all liability in
the underlying action is specifically denied. By way of further response, Answering
Defendant herein incorporates the averments of his Answer to Plaintiffs' Complaint as if
set forth at length herein.
WHEREFORE, Defendant Terry Payne, Individually, and d/b/a Payne's Roofing,
requests this Honorable Court enter judgment in its favor.
Respectfully submitted,
% om ? ?A
onya Ki ' a, Esquire
Mary Klatt, squire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
(0): (717) 240-4686
(F) : (717) 258-4686
s
i
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
NO. 08-1537
CIVIL DIVISON - LAW
V.
SPANGLER MILLS, INC., Individually JURY TRIAL DEMANDED
and d/b/a EWING ROOFING, and :
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING, :
V.
RONALD B. BLUSTE.
CERTIFICATE OF SERVICE
I certify that the foregoing Answer to New Matter and Cross Claim in the within action was
served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid
and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 26th day of June,
2008.
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs
Timothy McMahon
Marshall Dennehey
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Attorney for Defendant
Spangler Mills, Inc., d/b/a Ewing Roofing
Ronald B. Bluste
6 Roseglen Road
Duncannon, PA 17020
Mary Klatt, Esq.
t ? ry
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PHILLIP ALLEMAN and
ANDREA ALLEMAN,
Plaintiffs
V.
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
V.
RONALD B. BLUSTE,
Additional Defendant
NO. 08-1537
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER
OF DEFENDANT, SPANGLERS MILL, INC., INDIVIDUALLY
AND D/B/A EWING ROOFING
29. The allegations of Paragraph 29 do not require a response.
30. The allegations of Paragraph 30 state legal conclusions to which no response is
required. To the extent the allegations are deemed to be factual, the allegations are denied
pursuant to the Pennsylvania Rules of Civil Procedure.
31. The allegations of Paragraph 31 state legal conclusions to which no response is
required. To the extent the allegations are deemed to be factual, the allegations are denied
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
pursuant to the Pennsylvania Rules of Civil Procedure.
I,%
32. The allegations of Paragraph 32 state legal conclusions to which no response is
required. To the extent the allegations are deemed to be factual, the allegations are denied
pursuant to the Pennsylvania Rules of Civil Procedure.
WHEREFORE, Plaintiffs request that judgment be entered in their favor as set forth in
the Complaint.
By:
DATE: 7,
102069.1
TUCKER AR
Attorney's I.D. No. PA-36803
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFFS
-2-
VERIFICATION
I, PHILLIP ALLEMAN, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
98623.1
Phillip Alleman
VERIFICATION
I, ANDREA ALLEMAN, Plaintiff, acknowledge that the facts stated in the foregoing
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
98623.1
Andrea Alleman
CERTIFICATE OF SERVICE
AND NOW, this 1r7'4 day of JULY, 2008, I, Jacquelyn Zettlemoyer, Secretary to
Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for
Plaintiffs, hereby certify that I have this day served the within document by depositing a true and
correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
Timothy J. McMahon, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
ATTORNEYS FOR DEFENDANT, SPANGLERS MILL, INC.
D/B/A EWING ROOFING
Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
ATTORNEYS FOR DEFENDANT, TERRY PAYNE, INDIVIDUALLY
AND D/B/A TERRY PAYNE'S ROOFING
Ronald B. Bluste
6 Roseglen Road
Duncannon, PA 17020
ADDITIONAL DEFENDANT
100433.1 Jacquelyn Zettlemoyer
`r1
co
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:
. z FT;
JENNIFER LONG,
V.
Plaintiff
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 07-7296 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 08-1537 Civil Term ?
: CIVIL ACTION -LAW
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and JURY TRIAL DEMANDED
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
RHODES DEVELOPMENT GROUP, INC. :
and MERCER INSURANCE GROUP
V.
Plaintiffs
SPANGLER MILLS, INC., d/b/a
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION NO: 08-2202
CIVIL TERM
EWING ROOFING and TERRY PAYNE, JURY TRIAL DEMANDED
d/b/a TERRY PAYNE'S ROOFING
Defendants :
MOTION TO CONSOLIDATE
Defendant Spangler Mills, Inc., d/b/a Ewing Roofing, by and through its counsel,
Marshall, Dennehey, Warner, Coleman & Goggin hereby files a Motion to Consolidate the
matter docketed in the above captioned cases into the original suit docketed at Docket Number
07-7296 and in support thereof avers as follows.
1. Plaintiff, Jennifer Long, filed a Complaint against Defendants Spangler Mills, Inc.,
d/b/a Ewing Roofing, Terry Payne and Ronald B. Bluste at Docket Number 07-7296 on or about
December 3, 2007.
2. Plaintiffs Phillip and Andrea Alleman filed a Complaint against Spangler Mills, Inc.,
d/b/a Ewing Roofing and Terry Payne, d/b/a Terry Payne's Roofing at Docket Number 08-1537
on or about March 6, 2008.
3. Defendant, Terry Payne, d/b/a Terry Payne's Roofing, filed a Joinder Complaint
directed to Additional Defendant Ronald B. Bluste at Docket Number 08-1537 on or about May
9, 2008.
4. Plaintiff Rhodes Development Group filed a Complaint against Defendant Spangler
Mills, Inc., d/b/a Ewing Roofing and Terry Payne, d/b/a Terry Payne's Roofing at Docket
Number 08-2202 on or about March 31, 2008.
5. Defendant Spangler Mills, d/b/a Ewing Roofing requests consolidation of the above
referenced lawsuits in order to simplify future pleadings, discovery and trial.
6. Richard H. Wix, counsel for Plaintiff Jennifer Long, concurs with this motion.
7. Stephen M. Greecher, Jr., counsel for Plaintiffs Phillip and Andrea Alleman, concurs
with this motion.
8. Randall G. Gale, counsel for Plaintiff Rhodes Development Group (Mountain View
Road Associates), concurs with this motion.
9. Sonya Kivisto, counsel for Defendant Terry Payne, d/b/a Terry Payne's Roofing,
concurs with this motion.
a
10. Ronald B. Bluste is proceeding pro se and an attempt to contact Mr. Bluste was made
and he neither expressed his concurrence or lack of concurrence to this motion.
11. All three of the foregoing lawsuits arise out of a fire loss which occurred on
November 6, 2006 at an apartment building in Mountain View Village, Hampton Township,
Cumberland County, Pennsylvania, resulting in alleged property damage to the plaintiffs.
12. Consolidation of matters involving common questions of law in fact which arise from
the same transaction or occurrence may be consolidated, by the Court, upon motion of any party,
in order to avoid a necessary cost or delay. Pa. R.C.P. 213.
13. As all of the foregoing lawsuits involve common questions of law in fact,
consolidation is in the interest of judicial economy by avoiding unnecessary costs and/or delays
for this Honorable Court to consolidated the foregoing matters to the case filed at 07-7296.
WHEREFORE, Defendant Spangler Mills, Inc., d/b/a Ewing Roofing respectfully
requests this Honorable Court grant its Motion to Consolidate and order the consolidation of the
foregoing actions into that lawsuit docketed at Cumberland County No. 07-7296 with all prior
and subsequent pleadings consolidated to that action to reflect the same docket number.
Respectfully submitted,
MARS , DENNEHEY, WARNER,
CO MAN & GOGGIN
DATE: BY: ?' HY"-- /
T J. McMA ON, ESQUIRE
I.D. No. 52918
Il 4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant,
Spangler Mills, Inc., d/b/a Ewing Roofing
CERTIFICATE OF SERVICE
I, Sarah A. Doerfler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this day of July, 2008, I served a copy of the foregoing document
via First Class United States mail, postage prepaid, as follows:
Randall G. Gale, Esquire
Corey J. Adamson, Esquire
Thomas, Thomas & Hafer, LLP
305 N. Front Street, 6th Floor
PO Box 999
Harrisburg, PA 17108-0999
Attorney for Plaintiff Rhodes Development
Group
Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
3rd Floor, Suite 331
Carlisle, PA 17015
Attorney for Defendant Terry Payne,
Individually and d/b/a Terry Payne's Roofing
Richard H. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
Attorney for Plaintiff Jennifer Long
Ronald B. Bluste
6 Roseglen Road
Duncannon, PA 17020
Pro Se Defendant
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
1 I I North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs Phillip and Andrea
Alleman
Sarah A. Doerfler
05/404222.v l
C"7 !v
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JENNIFER LONG,
V.
Plaintiff
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 07-7296 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PHILLIP ALLEMAN and IN THE COURT OF COMMON PLEAS
ANDREA ALLEMAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO.: 08-1537 Civil Term
V. : CIVIL ACTION -LAW
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and JURY TRIAL DEMANDED
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
RHODES DEVELOPMENT GROUP, INC. :
and MERCER INSURANCE GROUP
V.
Plaintiffs
SPANGLER MILLS, INC., d/b/a
EWING ROOFING and TERRY PAYNE,
d/b/a TERRY PAYNE'S ROOFING
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION NO: 08-2202
CIVIL TERM
JURY TRIAL DEMANDED
AMENDED MOTION TO CONSOLIDATE
Defendant Spangler Mills, Inc., d/b/a Ewing Roofing, by and through its counsel,
Marshall, Dennehey, Warner, Coleman & Goggin hereby files a Motion to Consolidate the
matter docketed in the above captioned cases into the original suit docketed at Docket Number
07-7296 and in support thereof avers as follows.
1. Plaintiff, Jennifer Long, filed a Complaint against Defendants Spangler Mills, Inc.,
d/b/a Ewing Roofing, Terry Payne and Ronald B. Bluste at Docket Number 07-7296 on or about
December 3, 2007.
2. Plaintiffs Phillip and Andrea Alleman filed a Complaint against Spangler Mills, Inc.,
d/b/a Ewing Roofing and Terry Payne, d/b/a Terry Payne's Roofing at Docket Number 08-1537
on or about March 6, 2008.
3. Defendant, Terry Payne, d/b/a Terry Payne's Roofing, filed a Joinder Complaint
directed to Additional Defendant Ronald B. Bluste at Docket Number 08-1537 on or about May
9, 2008.
4. Plaintiff Rhodes Development Group filed a Complaint against Defendant Spangler
Mills, Inc., d/b/a Ewing Roofing and Terry Payne, d/b/a Terry Payne's Roofing at Docket
Number 08-2202 on or about March 31, 2008.
5. Defendant Spangler Mills, d/b/a Ewing Roofing requests consolidation of the above
referenced lawsuits in order to simplify future pleadings, discovery and trial.
6. Richard H. Wix, counsel for Plaintiff Jennifer Long, concurs with this motion.
7. Stephen M. Greecher, Jr., counsel for Plaintiffs Phillip and Andrea Alleman, concurs
with this motion.
8. Randall G. Gale, counsel for Plaintiff Rhodes Development Group (Mountain View
Road Associates), concurs with this motion.
9. Sonya Kivisto, counsel for Defendant Terry Payne, d/b/a Terry Payne's Roofing,
concurs with this motion.
10. Ronald B. Bluste is proceeding pro se and an attempt to contact Mr. Bluste was made
and he neither expressed his concurrence or lack of concurrence to this motion.
11. All three of the foregoing lawsuits arise out of a fire loss which occurred on
November 6, 2006 at an apartment building in Mountain View Village, Hampton Township,
Cumberland County, Pennsylvania, resulting in alleged property damage to the plaintiffs.
12. Consolidation of matters involving common questions of law in fact which arise from
the same transaction or occurrence may be consolidated, by the Court, upon motion of any party,
in order to avoid a necessary cost or delay. Pa. R.C.P. 213.
13. As all of the foregoing lawsuits involve common questions of law in fact,
consolidation is in the interest of judicial economy by avoiding unnecessary costs and/or delays
for this Honorable Court to consolidated the foregoing matters to the case filed at 07-7296.
14. No judge has had any involvement in this matter to date.
WHEREFORE, Defendant Spangler Mills, Inc., d/b/a Ewing Roofing respectfully
requests this Honorable Court grant its Motion to Consolidate and order the consolidation of the
foregoing actions into that lawsuit docketed at Cumberland County No. 07-7296 with all prior
and subsequent pleadings consolidated to that action to reflect the same docket number.
Respectfully submitted,
DENNEHEY, WARNER,
DATE: 1 D? BY:
J. McMAHON, ESQUIRE
I.D. No. 52918
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant,
Spangler Mills, Inc., d/b/a Ewing Roofing
CERTIFICATE OF SERVICE
I, Sarah A. Doerfler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this day of July, 2008, I served a copy of the foregoing document
via First Class United States mail, postage prepaid, as follows:
Randall G. Gale, Esquire
Corey J. Adamson, Esquire
Thomas, Thomas & Hafer, LLP
305 N. Front Street, 6th Floor
PO Box 999
Harrisburg, PA 17108-0999
Attorney for Plaintiff Rhodes Development
Group
Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
3rd Floor, Suite 331
Carlisle, PA 17015
Attorney for Defendant Terry Payne,
Individually and d/bla Terry Payne's Roofing
Richard H. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
Attorney for Plaintiff Jennifer Long
Ronald B. Bluste
6 Roseglen Road
Duncannon, PA 17020
Pro Se Defendant
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs Phillip and Andrea
Alleman
Sarah A. Doerfler
05/404222.0
c`
-x
r
-Ti
r-n c:
AA
JENNIFER LONG,
Plaintiff
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE,
Defendants
01-1.537 jug z 0 -"uu 67
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 07-7296 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
Plaintiffs
V.
SPANGLER MILLS, INC., Individually
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 08-1537 Civil Term/
: CIVIL ACTION -LAW
and d/b/a EWING ROOFING, and JURY TRIAL DEMANDED
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
RHODES DEVELOPMENT GROUP, INC. :
and MERCER INSURANCE GROUP
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
Plaintiffs
V.
SPANGLER'S MILL, INC., d/b/a
EWING ROOFING and TERRY PAYNE,
d/b/a TERRY PAYNE'S ROOFING
CIVIL ACTION NO: 08-2202
CIVIL TERM
JURY TRIAL DEMANDED
Defendants
ORDER
AND NOW this jtday of dA.LV , 2008, upon consideration of Defendant
Spangler Mills, Inc., d/b/a Ewing Roofing's Motion to Consolidate it is hereby ORDERED and
DECREED that said Motion is granted and the matters currently pending at Docket Numbers
08-2202 and 08-1537 are consolidated into Docket Number 07-7296 for all purposes of
litigation.
)S ig r) ?f
J.
Distribution List:
Aandall G. Gale, Esquire
Corey J. Adamson, Esquire
Thomas, Thomas & Hafer, LLP
305 N. Front Street, 6th Floor
PO Box 999
Harrisburg, PA 17108-0999
Attorney for Plaintiff Rhodes Development
Group
/Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
3rd Floor, Suite 331
Carlisle, PA 17015
Attorney for Defendant Terry Payne,
Individually and d/b/a Terry Payne's Roofing
hard H. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
Attorney for Plaintiff Jennifer Long
ephen t Greecher, Jr.
Tucker nsberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs Phillip and Andrea Alleman
X'r,onald B. Bluste
oseglen Road
Duncannon, PA 17020
Pro Se Defendant
Kothy J. McMahon, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
Attorney for Defendant Spangler Mills, Inc.
05i404228.vt
JENNIFER LONG,
Plaintiff
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 07-7296 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
: NO.: 08-1537 Civil Term
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
TERRY PAYNE S ROOFING,
Defendants
RHODES DEVELOPMENT GROUP, INC. :
and MERCER INSURANCE GROUP
Plaintiffs
V. ;
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION NO: 08-2202
CIVIL TERM
SPANGLER MILLS, INC., d/b/a
EWING ROOFING and TERRY PAYNE, JURY TRIAL DEMANDED
d/b/a TERRY PAYNE'S ROOFING
Defendants
AMENDED MOTION TO CONSOLIDATE
Defendant Spangler Mills, Inc., d/b/a Ewing Roofing, by and through its counsel,
Marshall, Dennehey, Warner, Coleman & Goggin hereby files a Motion to Consolidate the
matter docketed in the above captioned cases into the original suit docketed at Docket Number
07-7296 and in support thereof avers as follows.
1. Plaintiff, Jennifer Long, filed a Complaint against Defendants Spangler Mills, Inc.,
d/b/a Ewing Roofing, Terry Payne and Ronald B. Bluste at Docket Number 07-7296 on or about
December 3, 2007.
2. Plaintiffs Phillip and Andrea Alleman filed a Complaint against Spangler Mills, Inc.,
d/b/a Ewing Roofing and Terry Payne, d/b/a Terry Payne's Roofing at Docket Number 08-1537
on or about March 6, 2008.
3. Defendant, Terry Payne, d/b/a Terry Payne's Roofing, filed a Joinder Complaint
directed to Additional Defendant Ronald B. Bluste at Docket Number 08-1537 on or about May
9, 2008.
4. Plaintiff Rhodes Development Group filed a Complaint against Defendant Spangler
Mills, Inc., d/b/a Ewing Roofing and Terry Payne, d/b/a Terry Payne's Roofing at Docket
Number 08-2202 on or about March 31, 2008.
5. Defendant Spangler Mills, d/b/a Ewing Roofing requests consolidation of the above
referenced lawsuits in order to simplify future pleadings, discovery and trial.
6. Richard H. Wix, counsel for Plaintiff Jennifer Long, concurs with this motion.
7. Stephen M. Greecher, Jr., counsel for Plaintiffs Phillip and Andrea Alleman, concurs
with this motion.
Randall G. Gale, counsel for Plaintiff Rhodes Development Group (Mountain View
Road Associates), concurs with this motion.
9. Sonya Kivisto, counsel for Defendant Terry Payne, d/b/a Terry Payne's Roofing,
concurs with this motion.
s
10. Ronald B. Bluste is proceeding pro se and an attempt to contact Mr. Bluste was made
and he neither expressed his concurrence or lack of concurrence to this motion.
11. All three of the foregoing lawsuits arise out of a fire loss which occurred on
November 6, 2006 at an apartment building in Mountain View Village, Hampton Township,
Cumberland County, Pennsylvania, resulting in alleged property damage to the plaintiffs.
12. Consolidation of matters involving common questions of law in fact which arise from
the same transaction or occurrence may be consolidated, by the Court, upon motion of any party,
in order to avoid a necessary cost or delay. Pa. R.C.P. 213.
13. As all of the foregoing lawsuits involve common questions of law in fact,
consolidation is in the interest of judicial economy by avoiding unnecessary costs and/or delays
for this Honorable Court to consolidated the foregoing matters to the case filed at 07-7296.
14. No judge has had any involvement in this matter to date.
WHEREFORE, Defendant Spangler Mills, Inc., d/b/a Ewing Roofing respectfully
requests this Honorable Court grant its Motion to Consolidate and order the consolidation of the
foregoing actions into that lawsuit docketed at Cumberland County No. 07-7296 with all prior
and subsequent pleadings consolidated to that action to reflect the same docket number.
Respectfully submitted,
DENNEHEY, WARNER,
DATE: 1 O? BY:
12, l
ON, ESQUIRE
I.D. No. 52918
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant,
Spangler Mills, Inc., d/b/a Ewing Roofing
CERTIFICATE OF SERVICE
I, Sarah A. Doerfler, an employee of Marshall, Dennehey, Warner, Coleman & Goggin,
do hereby certify that on this day of July, 2008, I served a copy of the foregoing document
via First Class United States mail, postage prepaid, as follows:
Randall G. Gale, Esquire
Corey J. Adamson, Esquire
Thomas, Thomas & Hafer, LLP
305 N. Front Street, 6th Floor
PO Box 999
Harrisburg, PA 17108-0999
Attorney for Plaintiff Rhodes Development
Group
Sonya Kivisto, Esquire
Marcello & Kivisto, LLC
1200 Walnut Bottom Road
3rd Floor, Suite 331
Carlisle, PA 17015
Attorney for Defendant Terry Payne,
Individually and d/b/a Terry Payne's Roofing
Richard H. Wix, Esquire
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109-3099
Attorney for Plaintiff Jennifer Long
Ronald B. Bluste
6 Roseglen Road
Duncannon, PA 17020
Pro Se Defendant
05/404222.v1
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Attorney for Plaintiffs Phillip and Andrea
Alleman
Sarah A. Doerfler
JENNIFER LONG,
SPANGLER MILLS, INC., d/b!a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE.
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE's ROOFING,
V.
RONALD B. BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-72%
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-1537
CIVIL DIVISION- LAW
JURY TRIAL DEMANDED
MUUNIAIN VIEW ROAD ASSOCIATES
and
MERCER INSURANCE GROUP, a/s/o
MOUNTAIN VIEW ROAD ASSOCIATES
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, and TERRY PAYNE,
Individually and d/b/a TERRY PAYNE's ROOFING
v.
RONALD B. BLUSTE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2202
CIVIL DIVISION -- LAW
JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
PURUSANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to
Rule 4009.22, Defendants certify that:
1. A Notice of Intent to Serve Subpoenas with a copy of the subpoenas
attached thereto was mailed or delivered to Plaintiff s counsel at least
twenty days prior to the day on which the subpoenas were sought to be
served;
2. A copy of the Notice of Intent, including the proposed subpoenas, are
attached to this Certificate;
3. No objection to the subpoena has been received, and
4. The subpoenas which will be served are identical to the subpoenas which
are attached to the Notice of Intent to Serve Subpoenas.
Date: October 27, 2008
MARCELLO & KIVISTO, LLC
By: _,- 'L?-
Sonya istb, Esquire
1200 W ut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17013
(717)240-4686
Attorneys for Defendants
JENNIFER LONG,
v.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B, BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-7296
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
V.
RONALD B. BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-1537
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
MOUNTAIN VIEW ROAD ASSOCIATES
and
MERCER INSURANCE GROUP, a/s/o
MOUNTAIN VIEW ROAD ASSOCIATES
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, and TERRY PAYNE,
Individually and d/b/a TERRY PAYNE'S ROOFING:
V.
RONALD B. BLUSTE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2202
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Counsel and Parties of Record
Defendant intends to serve subpoenas identical to the ones attached to this notice. You
have twenty (20) days from the date listed below in which to file of record and serve upon the
undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be
served.
Date: September 18, 2008
MARCELLO & O, LLC
By:
So a 'sto, Esquire
Mary t, Esquire
1200 Walnut Bottom Road
Third Floor, Suite 331
Carlisle, PA 17015
(717)240-4686
Attorney for Defendant Payne
JENNIFER LONG,
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE.
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING;
V.
RONALD B. BLUSTE.
MOUNTAIN VIEW ROAD ASSOCIATES
and
MERCER INSURANCE GROUP, a/s/o
MOUNTAIN VIEW ROAD ASSOCIATES
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-7296
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-1537
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2202
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, and TERRY PAYNE,
Individually and d/b/a TERRY PAYNE'S ROOFING:
V.
RONALD B. BLUSTE
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Hampden Township Fire Department, 295 South Sporting Hill Road Mechanicsburg„ PA 17050
Within twenty (20) days after service of this subpoena you are ordered by the court to produce the
following documents or things:
Anv and all records, notes, memoranda, resorts, including origin and cause reports
photographs, your complete investigation file and/or investigation materials,
correspondence, writings and all other documents and materials relating to any and all fire
incident(s) at the Mountain View Village Apartment Complex, Hampden Township,
Cumberland County, PA, including but not limited to the fire of November 6, 2006 at:
Marcello & Kivisto, LLC, 1200 Walnut Bottom Road. Third Floor. Suite 331, Carlisle. PA
17015.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Mary Matt, Esquire
ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015
TELEPHONE: (717)240-4686
SUPREME COURT ID#: 207664
ATTORNEY FOR: Defendant Terry Payne
BY THE COURT:
DATE: "_
Se 1 of e Court s
ry/Clerk, Civil 'sion
Deputy
JENNIFER LONG,
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-7296
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
PHILLIP ALLEMAN and ANDREA ALLEMAN
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
V.
RONALD B. BLUSTE.
MOUNTAIN VIEW ROAD ASSOCIATES
and
MERCER INSURANCE GROUP, a/s/o
MOUNTAIN VIEW ROAD ASSOCIATES
NO. 08-1537
CIVIL DIVISION -- LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2202
V.
SPANGLER MILLS, INC., d/b/a CIVIL DIVISION - LAW
EWING ROOFING, and TERRY PAYNE,
Individually and d/b/a TERRY PAYNE'S ROOFING:
V.
RONALD B. BLUSTE JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: John Bruetsch, Cumberland County Department of Public Safet , One Courthouse Square, Carlisle,
PA 17013
Within twenty (20) days after service of this subpoena you are ordered by the court to produce the
following documents or things:
Anv and all records. notes, memoranda, reports, photographs, vour complete investigation
file and/or investigation materials, correspondence, writings and all other documents and
materials relating to any and all fire incident(s) at the Mountain View Village Apartment
Complex, Hampden Township, Cumberland Countv, PA, including but not limited to the
fire of November 6, 2006 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third
Floor, Suite 331, Carlisle, PA 17015.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Mary Klatt, Esquire
ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015
TELEPHONE: (717)240-4686
SUPREME COURT ID#: 207664
ATTORNEY FOR: Defendant Terry Payne
BY THE COURT:
DATE: p - f } /? p
Sea of the Court
h1thonotary/Clerk, Civil 'sion
Deputy
JENNIFER LONG,
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE.
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
v.
RONALD B. BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-7296
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-1537
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
MOUNTAIN VIEW ROAD ASSOCIATES
and
MERCER INSURANCE GROUP, a/s/o
MOUNTAIN VIEW ROAD ASSOCIATES
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, and TERRY PAYNE,
Individually and d/b/a TERRY PAYNE'S ROOFING:
v.
RONALD B. BLUSTE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2202
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: RestoreCore, 2322 North 7 h Street, Harrisburg PA 17110
Within twenty (20) days after service of this subpoena you are ordered by the court to produce the
following documents or things:
Any and all records, notes, memoranda, invoices, resorts and/or service resorts/repairs
invoices, photographs, investigation materials, correspondence, claims, writings and all
other documents and materials relating to any and all fire incident(s) at the Mountain View
Village Apartment Complex, Hampden Township, Cumberland County, PA, including but
not limited to the fire of November 6, 2006 at: Marcello & Kivisto, LLC, 1200 Walnut
Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Mary Klatt, Esquire
ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015
TELEPHONE: (717)240-4686
SUPREME COURT ID#: 207664
ATTORNEY FOR: Defendant Terry Payne
DATE,:93?Dg
Seal oft CKe ourt
BY THE COURT:
r thonotary/Clerk, Civil D(ision
Deputy
JENNIFER LONG,
V,
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE.
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
V.
RONALD B. BLUSTE.
MOUNTAIN VIEW ROAD ASSOCIATES
and
MERCER INSURANCE GROUP, a/s/o
MOUNTAIN VIEW ROAD ASSOCIATES
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-7296
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-1537
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2202
V.
SPANGLER MILLS, INC., d/b/a CIVIL DIVISION - LAW
EWING ROOFING, and TERRY PAYNE,
Individually and d/b/a TERRY PAYNE' S ROOFING :
V.
RONALD B. BLUSTE JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Hampden Township Police Department, 230 South Sporting Hill Road, Mechanicsburg, PA 17050
Within twenty (20) days after service of this subpoena you are ordered by the court to produce the
following documents or things:
Anv and all records, notes, memoranda, reports. including origin and cause reports
photographs, your complete investigation file and/or investigation materials,
correspondence, writings and all other documents and materials relating to any and all fire
incident(s) at the Mountain View Village Apartment Complex, Hampden Township,
Cumberland County, PA, including but not limited to the fire of November 6, 2006 at:
Marcello & Kivisto, LLC. 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle. PA
17015.
You may deliver or mail legible copies of the documents or produce things requested, by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Mary Klatt, Esquire
ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015
TELEPHONE: (717)240-4686
SUPREME COURT ID#: 207664
ATTORNEY FOR: Defendant Terry Payne
BY THE COURT:
DATE: 3 D
Sea of the Court bk3
P othonotary/Clerk, Civi ivision
Deputy
JENNIFER LONG,
v.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-7296
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
V.
RONALD B. BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-1537
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
MOUNTAIN VIEW ROAD ASSOCIATES IN THE COURT OF COMMON PLEAS
and CUMBERLAND COUNTY
MERCER INSURANCE GROUP, a/s/o
MOUNTAIN VIEW ROAD ASSOCIATES NO. 08-2202
V.
SPANGLER MILLS, INC., d/b/a CIVIL DIVISION -- LAW
EWING ROOFING, and TERRY PAYNE,
Individually and d/b/a TERRY PAYNE'S ROOFING:
v.
RONALD B. BLUSTE JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110
Within twenty (20) days after service of this subpoena you are ordered by the court to produce the
following documents or things:
Anv and all notes. memoranda, records, reports, including origin and cause reports
photographs, -your complete investigative report, file, and/or materials, correspondence,
writings and all other documents and materials relating to any and all fire incident(s) at the
Mountain View Village Apartment Complex, Hampden Township, Cumberland County,
PA, including but not limited to the fire of November 6, 2006• Incident # 112-1617076 at:
Marcello & Kivisto, LLC, 1200 Walnut Bottom Road. Third Floor, Suite 331, Carlisle, PA
17015.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Mary Klatt, Esquire
ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015
TELEPHONE: (717)240-4686
SUPREME COURT ID#: 207664
ATTORNEY FOR: Defendant Terry Payne
DATE:_ p
Sea of he Court
BY THE COURT:
Hothonotary/Clerk, Civil ivisio
Deputy
JENNIFER LONG,
v.
SPANGLER MILLS, INC., d/bla
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE.
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
V.
RONALD B. BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-7296
CIVIL DIVISION - LAW
JURY TRIAL, DEMANDED
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-1537
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
MOUNTAIN VIEW ROAD ASSOCIATES IN THE COURT OF COMMON PLEAS
and CUMBERLAND COUNTY
MERCER INSURANCE GROUP, a/s/o
MOUNTAIN VIEW ROAD ASSOCIATES NO. 08-2202
V.
SPANGLER MILLS, INC., d/b/a CIVIL DIVISION - LAW
EWING ROOFING, and TERRY PAYNE,
Individually and d/b/a TERRY PAYNE'S ROOFING:
v.
RONALD B. BLUSTE JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: American Red Cross of the Susquehanna Valley, 1804 North 6 h Street, P.O. Box 5740, Harrisburg,
PA 17110-0740
Within twenty (20) days after service of this subpoena you are ordered by the court to produce the
following documents or things:
Anv and all records. notes, memoranda, reports. Photographs, files, investigation materials
correspondence, writings, invoices, and all other documents and materials relating to the
any and all fire incident(s) at the Mountain. View Village Apartment _Complex, Hampden
Township, Cumberland County, PA, including but not limited to the fire of November 6,
2006 at: Marcello & Kivisto, LLC, 1200 Walnut Bottom Road, Third Floor, Suite 331,
Carlisle, PA 17015.
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above.
You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things
sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Mary Klatt, Esquire
ADDRESS: 1200 Walnut Bottom Road, Third Floor, Suite 331, Carlisle, PA 17015
TELEPHONE: (717)240-4686
SUPREME COURT ID#: 207664
ATTORNEY FOR: Defendant Terry Payne
DATE:
Sea oft the Court
BY THE COURT:
ts
/ O.AA t? I P ? -10K
thonotary/Clerk, Civil DA?ision A
Deputy
JENNIFER LONG,
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, TERRY PAYNE
and RONALD B. BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 07-7296
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
PHILLIP ALLEMAN and ANDREA ALLEMAN
V.
SPANGLER MILLS, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE' S ROOFING,
V.
RONALD B. BLUSTE.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-1537
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
MOUNTAIN VIEW ROAD ASSOCIATES
and
MERCER INSURANCE GROUP, a/s/o
MOUNTAIN VIEW ROAD ASSOCIATES
V.
SPANGLER MILLS, INC., d/b/a
EWING ROOFING, and TERRY PAYNE,
Individually and d/b/a TERRY PAYNE'S ROOFING:
V.
RONALD B. BLUSTE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 08-2202
CIVIL DIVISION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I certify that the foregoing Certificate Prerequisite was served upon the following by
enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the
United States Mail, First Class Mail, in Carlisle, PA on the 27th day of October, 2008.
Stephen M. Greecher, Jr.
Tucker Arensberg, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Randall G. Gale
305 North Front Street, 6d' Floor
P.O. Box 999
Harrisburg, PA 17108-0889
Timothy McMahon
Marshall Dennehey
4200 Crums Mill Road
Suite B
Harrisburg, PA 17112
Richard H. Wix
Wix, Wenger & Weidner
4705 Duke Street
Harrisburg, PA 17109
Ronald B. Bluste
6 Roseglen Road
Duncannon, PA 17020
ebecc einer, Paralegal
C '
C;tJ
ORIGINAL
PHILLIP ALLEMAN and
ANDREA ALLEMAN,
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
SPANGLERS MILL, INC., Individually
and d/b/a EWING ROOFING, and
TERRY PAYNE, Individually and d/b/a
TERRY PAYNE'S ROOFING,
Defendants
NO. 08-1537
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above -captioned action settled, discontinued and ended.
TUCKER AREDWAW-RG, P.C.
By:
DATE: June /G , 2011
H BGDB:120141-1 023470-130988
"Stephbh M. Greecher, Jr.
Attorney's I.D. No. PA-36803
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFFS
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