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HomeMy WebLinkAbout08-3286PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY A/S/O KEYSTONE FOUNDATION REPAIR, INC., 2 North Second Street P.O. Box 1670 Harrisburg, Pennsylvania 17105 Plaintiff V. KENNETH E. SHUGHART, D/B/A KEN'S LAWN & MAINTENANCE SERVICES, 125 North Middlesex Road Carlisle, Pennsylvania 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 3018(0 ow'11 term CIVIL ACTION - LAW COMPULSORY ARBITRATION 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 an attorney, and filing in writing with this Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 NOTICIA Le han demando a usted en la corte. Si usted quiere defendrse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrito a en persona o por obogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte 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 OSTROS 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, VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 2 Corey J. Adamson, Esquire Attorney I.D. #204508 THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7639 cadamson@tthlaw.com Attorneys for Plaintiff PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY A/S/O KEYSTONE FOUNDATION REPAIR, INC., 2 North Second Street P.O. Box 1670 Harrisburg, Pennsylvania 17105 Plaintiff v KENNETH E. SHUGHART D/B/A KEN'S LAWN & MAINTENANCE SERVICES, 125 North Middlesex Road Carlisle, Pennsylvania 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D Q- J-? P4 C?J 7-,t r- CIVIL ACTION - LAW COMPULSORY ARBITRATION COMPLAINT AND NOW comes Plaintiff, Pennsylvania National Mutual Casualty Insurance Company ("Penn National") a/s/o Keystone Foundation Repair, Inc., by and through its attorneys, Thomas, Thomas and Hafer, LLP, and respectfully files the instant Complaint, stating and averring as follows: 1. Plaintiff Penn National is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 2 North Second Street, P.O. Box 1670, Harrisburg, Pennsylvania 17105 and was, at all relevant times, authorized to transact business within the Commonwealth of Pennsylvania. 2. Keystone Foundation Repair, Inc. ("Keystone") is a Pennsylvania corporation with a business address of 229 Petersburg Road, Carlisle, Pennsylvania 17013. 3. Plaintiff issued a policy of commercial liability insurance to Keystone, Policy Number CL90085733. Said policy was in full effect on February 16, 2007. 4. Based upon information and belief, Defendant Kenneth E. Shughart, d/b/a Ken's Lawn & Maintenance Services ("Defendant" or "Ken's Lawn") is a Pennsylvania corporation with a business address of 125 North Middlesex Road, Carlisle, Pennsylvania 17013. 5. On or about February 16, 2007, Defendant was contracted to perform snow and ice removal services for John and Gloria Kinback, who reside at 6110 Westover Drive, Mechanicsburg, Pennsylvania. 6. To perform the snow and ice removal, Defendant rented a Bobcat skid loader from Plaintiff. 7. Plaintiff provided the Bobcat skid loader to Plaintiff, along with a driver, John Ryan. 8. During the snow removal at the Kinback home, John Ryan was directed by Defendant where to place the snow. 9. At Defendant's direction, John Ryan placed the snow near a brick wall on the Kinback property. 10. While doing so, a chunk of ice and snow rolled off of an accumulated pile and hit the brick wall, causing damage to the wall. 11. Plaintiff, as Keystone's insurer, has paid for the repairs to the brick wall, totaling $6,100.00. As a result of such payments to its insured, Plaintiff is now subrogated to the rights of its insured, Keystone, to recover the damages caused by the negligence or other fault of the Defendant as set forth herein. 4 12. Plaintiff, as subrogee of its insured, Keystone, hereby claims against Defendant for damages to real and personal property in an amount equal to the amount paid to the on behalf of Keystone. 13. At all times relevant hereto, John Ryan was under the control and direction of Defendant. 14. At all times relevant hereto, John Ryan was operating the Bobcat skid loader pursuant to Defendant's commands. 15. At all times relevant hereto, John Ryan was a temporary employee of Defendant, such that Defendant is liable for the damage caused to the Kinback's brick wall. 16. As Plaintiff paid for the damages to the Kinback's wall, Plaintiff is entitled to contribution and/or indemnity from the responsible party, Defendant. WHEREFORE, the Plaintiff Pennsylvania National Mutual Casualty Insurance Company, a/s/o Keystone Foundation Repair, Inc. demands judgment in its favor and against Defendant Ken's Lawn & Maintenance Services, in an amount not in excess of the limits for compulsory arbitration. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: DATE: 561025.; cor son, Esquire I. D. # 508 3 orth Front Street .O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7639; fax: 717-237-7105 Attorneys for Plaintiff 5 VERIFICATION I, Robin Kendig, an authorized agent of Plaintiff Pennsylvania National Mutual Casualty Insurance Company, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. § 4904. Robin Kendig Dated: $ 31F SU W .? 00 - d0 C, r ; SHERIFF'S RETURN - REGULAR CASE NO: 2008-03286 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA NATIONAL MUTUAL VS SHUGHART KENNETH E DBA KEN'S DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHUGHART KENNETH E D/B/A KEN'S LAWN & MAINTENANCE SERVICES the DEFENDANT , at 0737:00 HOURS, on the 21st day of June , 2008 at 125 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 by handing to KENNETH SHUGHART a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 6?A/?r (?- So Answers: 18.00 10.00 .59 l 10.00 R. Thomas Kline 00 3? 8.59 06/23/2008 THOMAS THOMAS HAFER Sworn and Subscibed to before me this of By: day D puty Sh ,pfiff A.D. • F:\FUXS\Ctiwts\State7550\Current\122\7550.122.msI/ajt Created: 9/20104 0:06PM Revived: 6/25/08 10:42AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PENNSYLVANIA NATIONAL MUTUAL : IN THE COURT OF COMMON PLEAS OF CASUALTY INSURANCE COMPANY CUMBERLAND COUNTY, PENNSYLVANIA A/S/O KEYSTONE FOUNDATION REPAIR, INC., Plaintiff V. NO. 08-3286 CIVIL ACTION - LAW KENNETH E. SHUGHART, DB/A KEN'S LAWN & MAINTENANCE SERVICES, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY A/S/O KEYSTONE FOUNDATION REPAIR, INC., Plaintiff, and its attorney, COREY J. ADAMSON, 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, Kenneth E. Shughart d/b/a Ken's Lawn & Maintenance Services, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiff s Complaint as follows: 1-7. Admitted, except that Defendant is not a corporation. 8-9. Denied as stated. John Ryan was not directed by Defendant, but was an independent contractor at said time and used his own judgment in how he placed the snow and ice. Moreover, the homeowner, John Kinback, had told Defendant generally where to place the snow and ice and Defendant had passed this information on to John Ryan. Defendant then left John Ryan and started shoveling the driveway. 10. Admitted that damage was caused, but it was because of the negligence and carelessness of John Ryan, who acted as an independent contractor, or was simply an accident because the homeowner told us where to place the snow and ice. 11. It is denied that Defendant was negligent or otherwise at fault. The answer to paragraph 10 is incorporated herein by reference. 12. A conclusion of law is averred which requires no answer. If an answer is required, said allegation is denied. 13-15. Denied as stated. The answers to paragraphs 8 through 10 are incorporated herein by reference. 16. Denied as stated. The answer to paragraph 12 is incorporated herein by reference. WHEREFORE, Defendant demands judgment in his favor and against Plaintiff. NEW MATTER 17. The answers to paragraphs 8 through 11 are incorporated herein by reference as New Matter. 18. Plaintiff acted as a volunteer in paying said damages. 19. Plaintiff paid said damages because its insured and employee was negligent in the operation of the Bobcat. 20. John Ryan, the employee and insured of Plaintiff, was an independent contractor who used his own judgment at all relevant times. 21. This incident may have been just an accident because the homeowner had directed us where to generally place the snow and ice, and there was already snow and ice piled there from previous storms. WHEREFORE, Defendant demands judgment in his favor and against Plaintiff. MARTSON LAW OFFICES By ?'--L-4?/ Daniel K. Deardorff, Esquir 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: June 25, 2008 VERIFICATION DANIEL K. DEARDORFF, ESQUIRE, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Defendant in the within action, certifies that the statements made in the foregoing Answer with New Matter are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. a - J /"-, !:?? Daniel K. Deardorff, Esquire Date: June 25, 2008 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Corey J. Adamson, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 By. MARTSON LAW Ami J. Th a " 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 Dated: June 25, 2008 C? ru r i- `a P:\FILES\Clknts\State7550\Curmnt\122\7550.122.amended awl/ajt Created: 9120/04 0:06PM Revised: 7/8/08 2:03PM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PENNSYLVANIA NATIONAL MUTUAL : IN THE COURT OF COMMON PLEAS OF CASUALTY INSURANCE COMPANY CUMBERLAND COUNTY, PENNSYLVANIA A/S/O KEYSTONE FOUNDATION REPAIR, INC., Plaintiff V. NO. 08-3286 CIVIL ACTION - LAW KENNETH E. SHUGHART, DB/A KEN'S LAWN & MAINTENANCE SERVICES, Defendant JURY TRIAL DEMANDED DEFENDANT'S AMENDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY A/S/O KEYSTONE FOUNDATION REPAIR, INC., Plaintiff, and its attorney, COREY J. ADAMSON, 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, Kenneth E. Shughart d/b/a Ken's Lawn & Maintenance Services, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files this Amended Answer to Plaintiff s Complaint as follows: 1-7. Admitted, except that Defendant is not a corporation. 8-9. Denied as stated. John Ryan was not directed by Defendant, but was an independent contractor at said time and used his own judgment in how he placed the snow and ice. Moreover, the homeowner, John Kinback, had told Defendant generally where to place the snow and ice and Defendant had passed this information on to John Ryan. Defendant then left John Ryan and started shoveling the driveway. 10. Admitted that some damage was caused, but the amount of damage alleged is denied and is not within Defendant's knowledge. 11. It is denied that Defendant was negligent or otherwise at fault. The answer to paragraph 10 is incorporated herein by reference. 12. A conclusion of law is averred which requires no answer. If an answer is required, said allegation is denied. 13-15. Denied as stated. The answers to paragraphs 8 through 10 are incorporated herein by reference. 16. Denied as stated. The answer to paragraph 12 is incorporated herein by reference. WHEREFORE, Defendant demands judgment in his favor and against Plaintiff. NEW MATTER 17. The answers to paragraphs 8 through 11 are incorporated herein by reference as New Matter. 18. Plaintiff acted as a volunteer in paying said damages. 19. Plaintiff paid said damages because of the actions of its insured and employee. 20. John Ryan, the employee and insured of Plaintiff, was an independent contractor who used his own judgment at all relevant times. 21. This incident may have been just an accident because the homeowner had directed us where to generally place the snow and ice, and there was already snow and ice piled there from previous storms. 22. Defendant was released of all liability by a General Release signed by John and Gloria Kinback attached hereto and Plaintiff is bound thereby. 23. The defenses set forth in Pa. R.C.P. No. 1030(b) are incorporated herein. WHEREFORE, Defendant demands judgment in his favor and against Plaintiff. MARTSON LAW FICES J By. Daniel Deardorff, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: July 8, 2008 05/1112007 12:49 PM A9FBE 49735 Claim No: 02774527 GENERAL RELEASE KNOW ALL MEN BY THESE PRESENTS: That We, John & Gloria Kinback, herein called RELEASORS, for and in consideration of the payment of Six Thousand One Hundred Dollars and Zero Cents ($6,100.00) paid by or on behalf of Keystone Foundation Repair Inc, A-1 Concrete Leveling and/or JHJR Properties LLC, John Hair, John Ryan, Ken Shughart, Ken's Lawn and Maintenance Services, State Auto Insurance Company and Penn National Mutual Casualty Insurance Company and its affiliates, herein called PAYERS, the receipt of which is hereby acknowledged, realizing that there is doubt and uncertainty as to the nature and extent of our losses, damages and the liability of PAYERS and that such facts are in dispute, and that PAYERS have denied that they are liable to the RELEASORS, have released and discharged, and by these presents do for ourselves, our heirs, our executors, administrators, successors and assigns, release and forever discharge PAYERS and all other persons, fines and corporations, both known and unknown, of and from any and all actions, causes of action, claims, demands, contribution, indemnity, damages, costs, loss of services, expenses, compensation, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by anyone prior to and including the date hereof on account of all injuries, known or unknown, to both person or property resulting or to result from the incident than occurred on or about the 16th day of February, 2007. RELEASORS understand that said PAYERS, by reason of agreeing to this compromise payment, do not admit liability of any sort, and said PAYERS have made no agieernent or promise to do or omit to do any act or thing not herein set forth and RELEASORS further understand that this Release is made as a compromise to avoid expenses and to terminate all controversy and/or claims for injuries or damages of whatsoever nature, known or unknown, including future developments thereof, in any way growing out. of or connected with said incident. RELEASORS admit that no representation of fact or opinion has been made by the said PAYERS or anyone on their behalf to induce this compromise with respect to the extent, nature or permanency of said injuries or as to the likelihood of future complications or recovery therefrom and that the sum paid is solely by way of compromise of a disputed claim, and that in determining said sum there has been taken into consideration that the serious or unexpected consequences might result from the present injuries, known or unknown, from said incident, an it is therefore specifically agreed that this Release shall be a complete bar to all claims or suits for injuries or damages of whatsoever nature resulting or to result from said incident. RELEASORS certify that the persons signing this Release are over eighteen (18) years of age. RELEASORS further state that they have carefully read the foregoing Release and know the contents thereof; that they have the right to consult with legal counsel of their own choosing of the meaning and import of this Release; and that they sign the Release as their own free and voluntary act. This Release contains the entire agreement between the parties hereto, and the terns of this Release are contractual and not a mere recital. 05/11/2007 12:49 PM A9FBE 49735 IN WITNESS WHEREOF, RELEASORS have hereunto set our hands, this day SS. 14S' .." t I, L y& &(Q P , a Notary Public in and for the County and State aforesaid, do hereby certify that John & Gloria Kinback, who signed the , have foregoing document, bearing date on the day of 1Z EM 200 this day acknowledged the same before me in my said County. Given under my hand and seal this 16 day of &? , 202. Map Notary Public My Commission r COMMONWEALTH OF PENNSYLVANIA Expires: Notarial Seat Cathy L Youn loot], e Lemoyne Biro, Cumberland county My Ogrnniysion Expires June 22, 2010 tJtember. Pennayivenia Association of Notaries Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. In Virginia, insurance benefits may also be denied. Page 2 of 2 GNLRLS State of P40-94 County of - VERIFICATION The foregoing Answer with New Matter 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 unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Kenneth . Shughart CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Law Offices, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Corey J. Adamson, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 MARTSON LAW OFFICES (:?' - AML= - - By Ami J. Th a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 8, 2008 C3 C rzs N CO C 2.? Z -c .' C W Corey J. Adamson, Esquire Attorney I.D. #204508 THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7639 cadamson@tthlaw.com Attorneys for Plaintiff PENNSYLVANIA NATIONAL 'MUTUAL IN THE COURT OF COMMON PLEAS CASUALTY INSURANCE COMPANY CUMBERLAND COUNTY, A/S/O KEYSTONE FOUNDATION PENNSYLVANIA REPAIR, INC., Plaintiff NO. 08-3286 v KENNETH E. SHUGHART D/$/A KEN'S LAWN & MAINTENANCE SERVICES, Defendant CIVIL ACTION - LAW COMPULSORY ARBITRATION (JURY TRIAL DEMANDED) PLAINTIFF'S PESPONSE TO NEW MATTER OF DEFENDANT AND NOW comes Plaintiff, Pennsylvania National Mutual Casualty Insurance Company ("Penn National") a/s/o Keystone Foundation Repair, Inc., by and through its attorneys, Thomas, Thomas and Hafer, LLP, and respectfully files the instant Response to the New Matter of Defendant, stating and averring as follows: 17. This is a paragraph of incorporation to which no response is required. By way of further response, Plaintiff incorporates the entirety of its Complaint as if the same were set forth fully at length herein. 18. It is denied that,Plaintiff acted as a volunteer in paying any damages. 19. Denied as a conclusion of law to which no response is required. By way of further response, the Bobcat operator was, during the snow removal operation, a temporary employee of Defendant, completely under Defendant's control, direction and supervision. 20. Denied as a conclusion of law to which no response is required. By way of further response, the Bobcat operator was, during the snow removal operation, a temporary employee of Defendant, completely under Defendant's control, direction and supervision. 21. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to 'the truth of the averments of this paragraph of Defendant's New Matter, and the same is therefore denied pursuant to Pa.R.C.P. 1029(c). WHEREFORE, the Plaintiff Pennsylvania National Mutual Casualty Insurance Company, a/s/o Keystone Foundation Repair, Inc. demands judgment in its favor and against Defendant Ken's Lawn & Maintenance Services, in an amount not in excess of the limits for compulsory arbitration. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Ada o ,Esquire Corey r6O450t,/ I.D. # 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7639; fax: 717-237-7105 p Attorneys for Plaintiff DATE: 7 `" l --V 606774.1 2 CERTIFICATE OF SERVICE 1, Sherry Hauenstein, legal secretary for the law firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by United States first-class mail, postage prepaid, addressed as follows, on the date set forth below: Daniel K. Deardorff, Esq. Martson Law Offices 10 East High Street Carlisle PA 17013 Counsel for Defendant THOMAS, THOMAS & HAFER, LLP Dated: Sherry a nstem 3 C o n c - -U c , t Mi C FT; C= n _ W .? C cn Corey J. Adamson, Esquire Attorney I.D. #204508 THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7639 cadamson@tthlaw.com Attorneys for Plaintiff PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY A/S/O KEYSTONE FOUNDATION REPAIR, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3286 v KENNETH E. SHUGHART D/B/A KEN'S LAWN & MAINTENANCE SERVICES, Defendant CIVIL ACTION - LAW COMPULSORY ARBITRATION (JURY TRIAL DEMANDED) PLAtN77FF`S RESPONSE TO AMENDED NEW MATTER OF DEFENDANT AND NOW comes Plaintiff, Pennsylvania National Mutual Casualty Insurance Company ("Penn National") a/s/o Keystone Foundation Repair, Inc., by and through its attorneys, Thomas, Thomas and Hafer, LLP, and respectfully files the instant Response to the New Matter of Defendant, stating and averring as follows: 17. This is a paragraph of incorporation to which no response is required. By way of further response, Plaintiff incorporates the entirety of its Complaint as if the same were set forth fully at length herein. 18. It is denied that Plaintiff acted as a volunteer in paying any damages. 19. Denied as a conclusion of law to which no response is required pursuant to Pa.R.C.P. 1029(d). To the extent a response is deemed required, the same is denied pursuant to Pa. R.C.P. 1029(e). By way of further response, the Bobcat operator was, during the snow removal operation, a temporary employee and/or borrowed servant of Defendant, completely under Defendant's control, direction and supervision. 20. Denied as a conclusion of law to which no response is required. By way of further response, the Bobcat operator was, during the snow removal operation, a temporary employee and/or borrowed servant of Defendant, completely under Defendant's control, direction and supervision. 21. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Defendant's New Matter, and the same is therefore denied pursuant to Pa.R.C.P. 1029(c). 22. Denied. The document attached to and referenced within Defendant's Amended Answer with New Matter speaks for itself, and any representation as to the contents thereof, or their legal effect, is specifically denied. By way of further response, said document does not extinguish or diminish Plaintiff's claims. 23. Denied as a legal conclusion to which no response is required pursuant to Pa.R.C.P.1029(d). To the extent a response is deemed required, the same is denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, the Plaintiff Pennsylvania National Mutual Casualty Insurance Company, a/s/o Keystone Foundation Repair, Inc. demands judgment in its favor and against Defendant Ken's Lawn & Maintenance Services, in an amount not in excess of the limits for compulsory arbitration. 2 Respectfully submitted, THOMAS, THOMAS & By: Cor J. a on, Esquire I. . # 8 05 orth Front Street P Box 99,9 an isburg, PA 17108-0999 (717) 255-7639; fax: 717-237-7105 DATE: Attorneys for Plaintiff 606774.2 3 CERTIFICATE OF SERVICE I, Sherry Hauenstein, legal secretary for the law firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by United States first-class mail, postage prepaid, addressed as follows, on the date set forth below: Daniel K. Deardorff, Esq. Martson Law Offices 10 East High Street Carlisle PA 17013 Counsel for Defendant THOMAS, THOMAS & HAFER, LLP Dated: 7--` 7-e 8 Sherry Ha stein 4 l -n =- r _Y f1i.__c! .1t"i f4•;~ } Corey J. Adamson, Esquire ~ OCT 28 A' ~ I C. AttomeyID: 204508 CEJ~`-``t~,~ftL~~i?;:.+ ,.~ti~lt°, E ` THOMAS, THOMAS & HAFER, LLP P.O. Box 999 ~E N i'f ,.3 Y L VA I A Harrisburg, PA 17108-0999 (717) 255-7639; cadamson@tthlaw.com PENN NATIONAL MUTUAL CASUALT IN THE COURT OF COMMON PLEAS OF INSUR.ANCE COMPANY, A/S/ CUMBERLAND COUNTY, PENNSYLVANIA KEYSTONE FOUNDATION REPAIR, INC. Plaintiff NO. 08-3286 v. CIVIL ACTION - LAW KENNETH E. SHUGHART, DB/A KEN' S LAWN & MAIN'fENANCE SERVICES, JURY TRIAL DEMANDED Defendant PETTTION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE KEVIN A. HESS, PRESIDENT JUDGE OF SAID COURT: I, Corey J. Adamson, counsel for the Plaintiff in the above action, respectfully represent that: 1. The above-captioned action is at issue. , 2. The claim of the Plaintiff in the action is $6,100.00. There is no counterclaim asserted by Defendant. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: A. Corey J. Adamson, Esq., counsel for Plaintiff Daniel K. Deardorff, Esq., counsel for Defendant B. All attorneys of the law firm of Thomas, Thomas and Hafer, LLP All attorneys of the law firm of Martson Law Offices WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. OOrd ~ J ~-4 l711679 2 Cz# 26G5 ~2 Respectfully submitted, THO , HOMAS & LLP ~ By: J. , squire . 305 orth Front Street . . Box 999 Harrisburg, PA 17108-0999 ` (717) 255-7639; fax: 717-237-7105 DATE: Attomeys for Plaintiff 622827.1 CERTIFICATE OF SERVICE I, Sue Ellen Danielson, Legal Secretary for the law firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by United States first-class mail, postage prepaid, addressed as follows, on the date set forth below: Daniel K. Deardorff, Esq. Martson Law Offices 10 East High Street Carlisle PA 17013 Counsel for Defendant THOMAS, THOMAS & HAFER, LLP Dated: Sue Ellen Danielso ~t ~".P.li--~ ~ 622827.1 r PENN NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, A/S1 KEYSTONE FOUNDATION REPAIR, INC. Plaintiff V. KENNETH E. SHUGHART, DB/A KEN'S LAWN & MAINTENANCE SERVICES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3286 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER OF COURT I I AND NOW, this day of , 2089, upon consideration of Plaintiff's Petition for Appointment of Arbitrators, . J"J") , Esq., Esq., and Esq., are appointed arbitrators in the above-captioned matter as prayed for. BY THE COURT: rA. 40. Ho evin A. Hess, P.J. Distribution List: Corey J. Adamson, Esq. Thomas, Thomas and Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 v Daniel K. Deardorff, Esq. Martson Law Offices 10 East High Street Carlisle PA 17013 -== ,,I rp < CD . fir =; cam.; a ???.?0-OFrll:c THOMAS, THOMAS & HAFER, LLP -, - T ?) 0 ??, j ` Corey J. Adamson, Esquire f Identification Number: 204508 305 N. Front Street 2012 FEB 21 AM 10. IS P.O. Box 999 17108 H 1 8 CUMBERLAND COUNT`! ( 717) 25 5 -7639 PENNSYLVANIA cadamson@ttlilaw.com PENN NATIONAL MUTUAL CASUALTY INSURANCE a/s/o KEYSTONE FOUNDATION REPAIR, INC., Plaintiff V. KENNETH E. SHUGHART d/b/a KEN'S LAWN AND MAINTENANCE SERVICES, Defendant Attorney for Plaintiff THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA ACTION - LAW 08-3286 Y TRIAL DEMANDED PRAECIPE TO DISCONTINUE, SETTLE AND END TO THE PROTHONOTARY OF SAID COURT.- Please mark the above matter as settled, discontinued, and ended, with prejudice. Respectfully submitted, THOMAS OMAS & HAFER, LLP Date: 1 1 I Z ?-? Corey J. Adamson, Esquire Identification Number: 204508 395Norfi Front Street Box 999 Harrisburg, PA 17108-0999 (717) 255-7639 Attorney for Plaintiff 1041244.1 w CERTIFICATE OF SERVICE AND NOW, this the V1 day of January, 2012, I, Corey J. Adamson, of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing upon the following via U.S. mail, postage pre-paid: Daniel K. Deardorff. Esquire Martson Law Offices 10 East High Street Carlisle PA 17013 THOMAS, THOMAS & HAFER, LLP By:--r2-? Corey J. Adamson 1041244.1