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HomeMy WebLinkAbout04-0336STATE FARM INSURANCE COMPANY as subrogee of G.E. and Ann Chaney, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIViL DIVISION - ARBITRATION Plaintiff, v. COMPLAINT VANGUARD HOMES, INC., Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14t~' Floor Pittsburgh, PA 15222 (412) 281-4541 JURY TRIAL DEMANDED IN TH]E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM INSURANCE CO1V[PANY as subrogee of G.E and Ann Chaney, VANGUARD HOMES, INC., Plaintiff, Defendant. CIVIL DIVISION - ARBITRATION No. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forthin 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 obi ections to the claims set forth against you. You are warned that ifyou 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 claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: (800) 990-9108 STATE FAPdVI INSURANCE COMPANY as subrogee of G.E and Ann Chaney, IN TBE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - ARBITRATION VANGUARD HOMES, INC., Plaintiff, Defendant. COMPLAINT AND NOW comes plaintiff, State Farm Insurance Company as subrogee of G.E and Ann Chaney, by and through its counsel, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: 1. Plaintiff, State Farm Insurance Company as subrogee of G.E. and Ann Chaney, is a corporation doing business within the Commonwealth of Pennsylvania at 100 Old Pond Road, P.O. B ox 100, Bridgeville, Pennsylvania 15017. 2. G.E. and Ann Chaney (hereinafter referred to as "the Chaneys"), are individuals residing at 207 Taunton Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Vanguard Homes, Inc. (bereinat~er referred to as"Vanguard"), is a corporation organized under the laws of the Commonwealth of Pennsylvania and doing business within the Commonwealth of Pennsylvania at 413 Johnson Street, Suite 210, Jenkintown, Pennsylvania 19046. 4. Vanguard was the builder of a home purchased by the Chaneys and located on their aforementioned property located at 207 Taunton Drive, Carlisle, Cumberland County, Pennsylvania 17013. 5. On or about March 20, 2002, the Chaneys discovered water leakage in their home. 6. Said water leakage had resulted from poor plumbing performed in the child' s bathroom and master bathroom of the Chaneys' home. 7. As a result, the Chaneys' home sustained water damage in the living room, kitchen, hallway, dining room, foyer/entrance way, child's bathroom and master bathroom. 8. At all times relevant hereto, Vanguard knew or should have known about the poor plumbing it had performed during construction of the home. 9. The careless, negligent and reckless conduct of Vanguard was the direct and proximate cause of the aforementioned damages suffered by the Chaneys and that conduct is more particularly set forth below: In failing to construct the home in a workmanlike manner; In failing to perform the plumbing in a workmanlike manner; In failing to insert a screw into the overflow drain in the child's bathroom; In failing to insert a screw into the overflow drain in the master bathroom; In failing to seal the master bathroom shower floor drain; In permitting water to leak from the child's bathroom and master bathroom; In failing to notify the Chaneys of the above negligent acts; In failing to properly train its employees, agents and/or representatives; i. In failing to properly supervise its employees, agents and/or representatives; In acting in a careless, negligent and reckless manner; k. In failing to provide the Chaneys with the standard of care owed to them under the existing circumstances. WHEREFORE, plaintiff~ State Farm Insurance Company as subrogee of G.E. and Ann Chaney, demands judgment in her favor and against the defendant, Vanguard Homes, Inc., in the amount of $2,900.43, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Christophe~ P. Deegan, Esquire Counsel for Plaintiff VERIFICATION I, Kathy Martz, on behalf of State Farm Insurance Company, verify that the statements made in the Complaint are true and correct to the best ofmyknowledge. 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. STATE FARM INSURANCE COMPANY : as subrogee of G.E. and Ann Chaney, Plaintiff VANGUARD HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-336 CWIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED PRAEC1]?E TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WiLLIAMS & OTTO on behalf of Defendant in the above matter. Dated: David A. Fitzsimons, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher P. Deegan, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, Two Gateway Center 14th Floor Pittsburgh, PA 15222 MARTSON DEARDORFF WILLIAMS & OTTO ( ,--T-~i~ b. Eckenr~ad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 18, 2004 F:kFILESkDATAFILE~State7550/Cutrent\89a~l~ajt Createdll/23/9909:2507AM Revised 02/19/04 01:56:57 PM 7550 89 STATE FARM INSURANCE COMPANY as Subrogee of G.E. and Ann Chancy, Plaintiff VANGUARD HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-336 - CIVIL TERM CIVIL ACTION-LAW TO: _DEFENDANTS' ANSWER WITH NEW MATTER STATE FARM INSURANCE COMPANY as subrogee of G.E. and Ann Chaney, and their attorney, CHRISTOPHER p. DEEGAN, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Defendant, VANGUARD INSURANCE by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers to Plaintiff's Complaint as follows: 1-3. Admitted based on information received. 4. It is admitted that Defendant was the general contractor of said home, but denied that it performed all aspects of building said home. To the contrary, much work, such as plumbing, was subcontracted to other entities. 5. Denied pursuant to Pa. R.C.P. 1029(e). 6-8. Denied. Defendant did not install the plumbing, but subcontracted said work to another entity. The remaining averments are denied pursuant to Pa. R.C.P. 1029(e). 9. It is denied that Defendant was negligent or reckless in any manner. Paragraphs 4 through 8 of this Answer are incorporated herein. The remaining averments are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands judgment in its favor. NEW MATTER I 0. Paragraphs I through 9 of this answer are incorporated herein as New Matter. 11. Ifa plumbing problem occurred, it was a result of acts or omissions of other entities, not Defendant. 12. Ifa plumbing problem occurred, it may have been caused by other forces, not a result of poor plumbing. WHEREFORE, Defendant demands judgment in its favor. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO an/el K. Deardorff, Esquire 6/x~' I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: February 19, 2004 VERIFICATION I, Daniel K. Deardorff, Esquire, counsel for Defendant, Vanguard Homes, Inc., depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on his behalf, and that I will supplement this Verification in the near future with one executed by my client. Date: February 19, 2004 · · rff, Esquire ..CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher p. Deegan, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBy, LLP Two Gate Way Center 14th Floor Pittsburgh, PA 15222 MARTSON DEARDORFF WILLIAMS & OTTO Ami J. Tht(dmna ' Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 19, 2004 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM INSURANCE COMPANY VS VANGUARD HOMES INC Thomas Kline law, says, that he made a diligent to wit: duly sworn according to and inquiry for the within named DEPENDANT VANGUARD HOMES INC but was unable to locate Them in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being search and He therefore Pennsylvania, to On February 9th , 2004 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 .00 70.O0 o2/o /2oo4 So answers.~ ~j~ .- ~ R.'Thomas Kline Sheriff of Cumberland County WEBER GALLAGHER SIMPSON STAPLE Sworn and subscribed to before me this /2e day of ~ 2~{ A.D. Prothonot a~y' · The Court of Common Pleas of Cumberland County, Pennsylvania State Farm Insurance Company VS. Vanguard Homes Inc SERVE: sa~e No. 04-336 civil NOW, January 27, 20(14 .... , I, SHERIFF OF CUMBERLAND COUNTY, PA, do- hereby deputize the Sheriffof ~ontgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of CumSer]a,4 County, PA Affidavit of Service Now, ,20_ . , at o'clock__ M. served the within upon at by handing to a and made known to copy of the ori~nal SO allsw~rs, the contents thereof. Sheriff of Count, PA Sworn m~d subscribed before me this __ day of ,2O C08TS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN PROTHONOTARY A- 628 DEFENDANT: Vanguard Homes, Inc. DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Megan Stever RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: Feb. 2, 2004 ~ 11:30 LOCATION: 413 Johnson Street, Suite 210, Jenkintown, PA Feb. 3, 2004 [~NOTARIAL SEAL ~Nordsto~ Bo~,, Montgome~ ~ M~ ~mission ~p~res U~, 13, 2004 Sheriff of Montgomery County Deputy Sheriff Bono STATE FARM INSURANCE COMPANY as subrogee of G.E. and Ann Chaney, Plaintiff VANGUARD HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-336 CIVIL TERM CIVIL ACTION--LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please join Richard Whisler, WELL DRILLING - PLUMBING & HEATING EXCAVATING, 366-1 Green Spring Road, Newville, PA 172411, as an Additional Defendant and issue a Writ of Summons for same in this matter. Please forward Writ of Summons to Sheriff for service. MARTSON DEARDORFF WILLIAMS & OTTO Daniel K. Deardorff, Esquire I. D. Number 17837 David Fitzsimons, Esquire I. D. Number 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Vanguard Homes Dated: February 24, 2004 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher P. Deegan, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, Two Gateway Center 14th Floor Pittsburgh, PA 15222 MARTSON DEARDORFF WILLIAMS & OTTO Ami J. Thur~na Ten East Hig~ Street Carlisle, PA 17013 (717) 243-3341 Dated: February 24, 2004 STATE FARM INSURANCE COMPANY as subrogee of G.E. and Ann Chaney, Plaintiff VANGUARD HOMES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-336 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please join Jeffrey A. Wilber, Inc., 6508 Brandy Lane, Mechanicsburg, PA 17055, as an Additional Defendant and issue a Writ of Summons for same in this matter. Please forward Writ of Summons to Sheriff for service. MARTSON DEARDORFF WILLIAMS & OTTO Dated: February 24, 2004 Daniel K. Deardorff, Esquire I. D. Number 17837 David Fitzsimons, Esquire I. D. Number 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Vanguard Homes CERTIHCATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher P. Deegan, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, Two Gateway Center 14th Floor Pittsburgh, PA 15222 MARTSON DEARDORFF WILLIAMS & OTTO Ami J. Thlgnma Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 24, 2004 WRIT TO JOINED AN ADDITIONAL DEFENDANT STATE FARM INSURANCE COMPANY AS SUBROGEE OF G.E. AND ANN CHANEY Plaintiff V$ VANGUARD HOMES, INC. Defendant No. 04-336 Civil Term Cumberland County, ss: The Commonwealth of Pennsylvania to JEFFREY A. WILBER, INC., 6508 BRANDY LANE, MECHANICSBURG, PA 17055 AND RICHARD WHISLER, WELL DRILLING - PLUMBING & HEATING - EXCAVATING, 366-1 GREEN SPRING ROAD, NEWVILLE, PA 17241 (Name of Additional Defendant) You are notified that VANGUARD HOMES (Name (s) of Defendant (s)) has (have) joined you as an additional defendant in this action, which you are required to defend. Date FEBRUARY 25, 2004 CURTIS R. LONG Prothonotary (SEAL) REQUESTING PARTY: Name: DAVID FITZSIMONS, ESQUIRE Address: MARTSON DEARDORFF WILLIAMS & OTTO TEN EAST HIGH STREET CARLISLE, PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM INSURANCE COMPANY VS VANGUARD HOMES INC VALERIE WEARY , Cumberland County, Pennsylvania, says, the within WRIT TO ADD'L DEFEN. JEFFREY A WILBER INC ADD'L DEFENDANT, at 0900:00 HOURS, on the a~ 6508 BRANDY LANE MECHANICSBURG, PA 17055 JEFFREY A WILBER, OWNER, a true and attested copy of WRIT TO ADD'L DEFEN. Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 1st day of March , 2004 by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.2B Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~/~ day of ~t ¢,~,~ ~L6~3 t~ A.D. thonotary So Answers: R, Thomas 03/03/2004 MDW&O By: Kline '. SHERIFF' S RETURN - CASE NO: 2004-00336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STATE FARM INSURANCE COMPANY VS VANGUARD HOMES INC REGULAR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within WRIT TO ADD'L DEFEN. was served upon RICHARD WHISLER WELL DRILLING PLUMBING HEATING EXCAVATING ADD'L DEFENDANT, at 1300:00 HOURS, on the 3rd day of March at 366 GREEN SPRING ROAD NEWVILLE, PA 17241 GARY ALLEMAN, EMPLOYEE, a true and attested copy of WRIT TO ADD'L DEFEN. Sheriff or Deputy Sheriff of who being duly sworn according to law, the 2004 by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: So Answers: Docketing 6.00 ~ ~ Servi ce 8.28 '~-~f~-- Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 24.28 03/03/2004 MDW&O Sworn and Subscribed to before me this ~ day of 7~,t~ ~ ~ A.D. thonotary STATE FARM iNSURANCE COMPANY as subrogee of G.E. and Ann Chaney, Plaintiff VANGUARD HOMES, iNC., Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-336 CIVIL TERM CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please supplement the attached Verification in Defendant's Answer with New Matter in the above-captioned case. MARTSON DEARDORFF WILLIAMS & OTTO Daniel K. Deardorff, Esquire I. D. Number 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Vanguard Homes Dated: March 5, 2004 VERIFICATION The foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. win GlasgOW, Vanguard'Hont['es CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Christopher P. Deegan, Esquire WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP, Two Gateway Center 14th Floor Pittsburgh, PA 15222 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 5, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM INSURANCE COMPANY as subrogee of G.E. and Ann Chaney, CIViL DIVISION - ARBITRATION No. 04-336 Plaintiff, VANGUARD HOMES, INC., REPLY TO NEW MATTER OF VANGUARD HOMES, INC. Defendant. Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM INSURANCE COMPANy as subrogee of G.E. and Ann Chaney, VANGUARD HOMES, INC., Plaintiff, CIViL DIVISION - ARBITRATION No. 04-336 Defendant. REPLY TO NEW MATTER OF VANGUARD HOMES, INC. AND NOW comes plaintiff, State Farm Insurance Company as subrogee of G.E. and Ann Chaney, by and through its counsel, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Reply to New Matter: 10. Plaintiffhereby incorporates by reference its Complaint previously filed as though the same were more fully set forth herein at length. 11. The averments set forth in Paragraph 11 constitute conclusions oflaw to whichno response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, the averments set forth in Paragraph 11 of defendant's New Matter are denied pursuant to Pa.R.CP. 1029(e). 12. The averments set forth in Parasraph 12 constitute conclusions oflaw to which no response is necessary and are therefore deemed denied. Strict proof of the same is demanded at the time of trial. By way of further response, the averment s set forth in Paragraph 12 of defendant's New Matter are denied pursuant to Pa.R.CP. 1029(e). WHEREFORE, plaintiff, StateFarm Insurance Company as subrogee of GE and Ann Chaney, demands judgment in her favor and against the defendant, Vanguard Homes, Inc., in the amount of $2,900.43, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SIIV[PSON STAPLETON FIRES & NEWBY LLP Christopher P.l~geegan, Counsel for Plaintiff Esquire VERIFIED STATEMENT I, Christopher P. Deegan, Esquire, being the attorney for plaintiffin the within action, am duly authorized to make this Verified Statement onits beha~, and make this Verified Statement due to the fact that plaintiff's Verified Statement cannot be obtained within the time limits necesstuy for filing this pleading, and I hereby verify that the statements set forth in the foregoing Reply to New Matter are tree and correct to the best of my information and belief based upon knowledge obtained from plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Dated: C h riC~s mQp!~P. D eegan, Esquire. CERTIFICATE OF SERVICE I, Christopher P. Deegan, Esquire, hereby certify that a true and correct copy of the foregoing Reply to New Matter was served upon the following by first-class mail this [ (o day of March, 2004: Daniel K. Deardorff, Esquire Martson Deardorff Witliams & Otto Ten East High Street Carlisle, PA 17013 Christopher P//Deegan, Esquire Counsel for Plaintiff STATE FARM INSURANCE COMPANY as subrogee of G.E. and Ann Chaney, VANGUARD HOMES, INC., Plaintiff, Defendant. CIVIL DIVISION - ARBITRATION No. 04-336 PRAECIPE TO SETTLE AND DISCONTINUE Filed on behalf of Plaimiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA I.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412)281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM INSURANCE COMPANY as subrogee of G.E. and Ann Chaney, VANGUARD HOMES, INC., Plaintiff, CIVIL DIVISION - ARBITRATION No. 04-336 Defendant. PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please settle and discontinue the above matter. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Christopher P. I~eegan, Es~uir~/] [ Counsel for Plaintiff ~