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Home My WebLink About01-4736Thomas E. Brenner, Esquire I.D. %: 32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of HANSELMAN MANAGEMENT CORPORATION t/a HANSELMAN LANDSCAPE Plaintiff vs. HAWSY MASONRY AND CONSTRUCTION COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. OI PR~.ECIPE TO THE PROTHONOTARY: Please Masonry and Kenagy Hill issue a Writ Construction Road, Ronks, of Summons against the Defendant, Hawsy Company. Defendant can be served at 379 Lancaster County, Pennsylvania. 66835.1 GOLDBERG,_Y~.TZ~AN & SHIPMAN, Thomas E. Brenner, Esquire I.D.#: 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff WRIT OF SUMMONS P.S. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED COMMENCED AN ACTION AGAINST YOU. Date: PLAINTIFF(S) HAS/HAVE Deputy SHERIFF'S RETURN - CASE NO: 2001-04736 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE ET AL VS HAWSY MASONRY ET AL OUT OF COUNTY 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: HAWSY MASONRY AND CONSTRUCTION COMPANY but was unable to locate Them in his bailiwick. deputized the sheriff of LANCASTER County, serve the within WRIT OF SUMMONS He therefore Pennsylvania, to On September 6th , 2001 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co. 35.33 .00 72.33 09/06/2001 Sheriff of Cumberland County GOLDBERG KATZMAIq & SHIPMAN Sworn and subscribed to before me this /2-~ day of ~ ~1 A.D. ! ~ Prothonot-~y ' SHF:RIFF'S OFFIC 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 PROCESS RECEIPT, and AFFIDAVIT OF RETURN I 1 PLAINTIFF/S/ERIE INSURANCE EXCI']ANGE, as Subrogee of t-L~NSEL~L~N MANAG~T CORPORATION t/a HANSELMAN LANDSCAPE 3 DEFENDANT/S/ HAWSY MASONRY AND CONSTRUCTION COMPANY SHERIFF SERVICE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO BE SERVED. Hawsy Masonry and Construction Company SERVE AT PLEASE TYPE DO NOT DETACH ~y COPIES~ 6 ADDRESS (Street or RFD, Apartment NO. City, Boro. Twp, State and ZIP Code) 379 Kenagy Hill Road, Ronks, Lancaster County, Pa. 7. INDICATE UNUSUAL SERVICE:X~ DEPUTIZE [3 OTHER NOW, ~/13/01 20 , I, SHERIFF OF~I~3~a(J~,'L~OUNTY, PA,, do_[nerVily deputize the~riff of T ..... <-~.-- County to execute this,~li~l~ retu_r0, therj~.~'ording ,~ ri k of the nlaintiff to la~.'-~-d-e~p~utation being made at the request an~ s ,- · ~. s.E,,r~o~'~xar~.T~ - 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CL~ber~EEld Co. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under with in writ may leave same without a watch man. in custody of whomever is found in possession, after notifying pareD n of levy or attach ment, without liability on the part of suc~.'.'.'.'.'.'.'.'~ or the sheriff to any plaintiff herein for any loss, destruction or removal of any such propeffy before sheriff's sale thereof 9. SIGNJ¥1~URE of jA3~'ORNEYd~I~ o~r ORIGINATOR 10. TELEPHONE NUMBER 11. DATE 12. SEND~IO-T~ERVIC]E'CO~Y TO NAME AND ADDRESS BELOW: (This area must be completed if notice ia to be mailed). Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 SPACE~L~W ~ ~E OF SH~IFF ONLY -- DO NOT Wm~ t0W TI~S UNE NAME of Authorized LC$O Deputy or Clerk 14, Date Received 15. Expiration/Hearing d~fz 13. I acknowledge receipt of the writ S/1,5/01 9/7/0 1 orcomplaintasindicatedabove.} DEBR~ t~;a,N'~.~"~O 717-295-3609 t6.1herebyCERTIFYandRETURNtha E] have person~lly served ~avelegalev[denceofse~vice.~ssho~vnin"R. emarks",[~.h~ve.e~cu~edassh°wnin "Remarks". the writ or complaint described on the individual, company, corporation, etc.. at the aDDress ShOWn aoove or on me mo iVlOUal, company, cor- poration, etc, at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 20 Address of where served (complete only if different than shown above) (S , ,~= , Y, , P State and Zip Code) 23. ATTEMPTS Dte Miles Dap. Int. Data Miles Dap. Int. Date Miles Dap. Int. Date Miles 30. REMARKS: 1 Date of Se~'ice 22 Time EPST 1~'-31-o / ~p. Int. Dab Milee Oep. Int. otal Costs 29. COST DUE OR REFUND 31. AFFIRMED and sub/.~cribed to before me this 32, Si nature o 33 De 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Shed.s Office GOLDBERO, ~.~.TZMAI~ & SHIPI~IAN, i~.C. Thomas E. Brenner, Esquire I.D. #32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Hamsburg, PA 17108-1268 (717) 234-4161 Counsel for Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of HANSELMAN MANAGEMENT CORPORATION t/a HANSELMAN LANDSCAPE Plaintiff VS. HAWSY MASONRY AND CONSTRUCTION COMPANY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-4736 Civil Term 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 at~er 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 fights 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 2 Liberty Ave. Carlisle, Pa 17013 (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escfita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notification y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SINO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Ave. Carlisle, Pa 17013 (717) 249-3166 (800) 990-9108 Thomas E. Bmmer, Esquire I.D. #: 32085 GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Atlomeys for Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of HANSELMAN MANAGEMENT CORPORATION t/a HANSELMAN LANDSCAPE Plaintiff VS. HAWSY MASONRY AND CONSTRUCTION COMPANY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-4736 Civil Term COMPLAINT AND NOW, comes the Plaintiff, by its Attorneys, Goldberg, Katzman & Shipman, P.C. who state: 1. Plaintiff, Erie Insurance Exchange, Subrogee of Hanselman Management Corporation t/a Hanselman Landscape is a business entity licensed to issue policies of insurance in the Commonwealth of Pennsylvania with an address of 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Erie's insured, Hanselman Management Corporation t/a Hanselman Landscape, is a Pennsylvania corporation with its office at 1377 North Colebrook Road, Manheim. Lancaster County, Pennsylvania. 3. Defendant, Hawsy Masonry and Construction Company is a business entity located at 379 Kenegy Hill Road, Ronks, Lancaster County, Pennsylvania. 4. This matter arises out of a construction project at the home of Richard Miller at 672 Saint Johns Drive, Camp Hill, Cumberland County, Pennsylvania. 5. Hansehnan Management Corporation ifa/Hanselman Landscape had undertaken a renovation project at the home of Richard Miller in Camp Hill, Pennsylvania. 6. Defendant, Hawsy Masonry and Construction Company was hired as a sub contractor of Hanselman to construct a stonewall with frost-free footers. Hawsy was to install a footer drain and a drain for a window well. 7. Defendant Hawsy Masonry failed to follow directions and specifications as the footer drain was not deep enough allowing water to flow into the window well rather than away from it. 8. On August 13, 1999, water failed to drain away from the window well resulting in water entering the home of Richard Miller and causing damages. 9. A claim for damages was presented by Miller to Erie Insurance as the Liability Insurance Carrier for Hanselman Landscape. 10. The damages amounted to $15,489.42 and were paid by Erie on behalf of Hanselman Landscape. 11. As the aforesaid damages arose from the negligence ofHawsy MasomT in performing work on the project, Hawsy is responsible for these damages and reimbursement is sought by Erie from Hawsy. WHEREFORE, Plaintiff demands Judgment against Defendant, Hawsy Masonry in the amount of $15,489.42 together with interest and costs of suit. This amount requires submission of this matter to Compulso~ Arbitration pursuant to the local rules of Court. Date: December 6, 2001 By: GO__MAN, P.C. Thomas E. Brenner, Esquire ID#: 32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Erie VERIFICA.~_~ON I, ~n~ /~w~(_ ,an authorized representative ofErie lnsurance Exchange hereby acknowledge that we are the Plaintiff in this action, that I have read the foregoing document, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. By: ERIE INSURANCE EXCHANGE CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, certified, at Harrisburg, Pennsylvania and addressed as follows: Hawsy Masonry & Construction Co. 379 Kenagy Hill Road Ronks, PA 17572 GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: December 6, 2001 Thomas E. Brenner, Esquire Attorney for Plaintiff Erie Thomas E. Brenner, F~quire I.D. #: 32085 GOLDBERG, KA~ & SHIPMAN, P.C. P.O. Box 1268 Hanisburg, PA 17108-1268 Telephone: ('/17)234-4161 Alton~s t'~ Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of HANS~-1.1VIAN MANAGEMENT CORPORATION HANSELMAN LANDSCAPE Plaintiff VS. HAWSY MASONRY AND CONSTRUCTION COMPANY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-4736 Civil Term AFFIDAVIT OF SERVICE A copy of the Complaint in this matter was served on Defcndont Hawsy Masonry and received by them on December 14, 2001, as reflected on the enclosed receipt. By.~ ._ ~ _ . - Thomas E. Brenner, Esquire ID#: 32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Erie Date: · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space pen-nits. [] Agent X i--I Addressee D. Isdelive~jaddressdilf~entflomitem 17 [] Y~S if YES, enter delivery address below: [] No 3. Servi pe [] Regi?tered ~"~etum Receipt fo~Memt~ise ,-/oq~zqno "O'~Z 2o~q PS Form 3811, JuN 1999 Domestic Return Receipt r'/ Oq. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, certified, at Harrisburg, Penn.~ylvania and addressed as follows: Hawsy Masonry & Consm~ction Co. 379 Kenagy Nill Road Ronks, PA 17572 Date: December 18, 2001 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~enner, Esquh'e Attorney for Plaivtiff Erie John Flounlacker, Esquire I.D. No.: 73112 Thomas, Thomas & Haler, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7134 ERIE INSURANCE EXCHANGE, as : IN THE COURT OF COMMON PLEAS Subrogee of HANSELMAN MANAGEMENT CORPORATION tJa HANSELMAN LANDSCAPE, Plaintiff HAWSY MASONRY AND CONSTRUCTION COMPANY, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-4736 : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THEPROTHONOTARY: Please enter my appearan~ ~rDe~ndant, Hawsy Mason~ and Constru~ion Company in the above-captioned case. Dated: / o~/D_O/O ~ THOMAS, THOMAS & HAFER, LLP j '~~ac~ker, Esquire I.D. Number: 73112 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717)237-7134 Counsel for Defendant CERTIFICATE OF SERVICE I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing Entry of Appearance was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 THOMAS, THOMAS & HAFER, LLP Dated: fo~/;~ /~l J~a'~nie L. Kawalec John Flounlacker, Esquire I.D. No.: 73112 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 ( 717)237-7134 ERIE INSURANCE EXCHANGE, as IN THE COURT OF COMMON PLEAS Subrogee of HANSELMAN MANAGEMENT CORPORATION t/a HANSELMAN LANDSCAPE, Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW HAWSY MASONRY AND CONSTRUCTION COMPANY, Defendant : NO. 01-4736 · JURY TRIAL DEMANDED NOTICE TO PLEAD TO PLAINTIFF: YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Iqhn Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 John Flounlacker, Esquire I.D. No.: 73112 Thomas, Thomas & Haler, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7134 ERIE INSURANCE EXCHANGE, as · IN THE COURT OF COMMON PLEAS Subrogee of HANSELMAN MANAGEMENT CORPORATION t/a HANSELMAN LANDSCAPE, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW v. · NO. 01-4736 HAWSY MASONRY AND CONSTRUCTION COMPANY, Defendant : JURY TRIAL DEMANDED DEFENDANT, HAWSY MASONRY AND CONSTRUCTION COMPANY'S, ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW ONTO COURT, through undersigned counsel, comes the Defendant, Hawsy Masonry and Construction Company, who, in Answer to the Complaint of the Plaintiff, respectfully represents that: It is admitted that the Plaintiffs are who they say they are. It is admitted the Erie Insured are who they say they are. Admitted. 4. The averments in this paragraph are denied generally in accordance with Pa.R.C.P. 1029(e). 5. Admitted. 6. Denied as stated. By way of further explanation it is admitted that the Answering Defendant was hired as a subcontractor to perform certain work at the property identified in this Complaint. 7. Denied. 8. Answering Defendant denies the allegations contained within this paragraph of PlaintifFs Complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 9. Answering Defendant denies the allegations contained within this paragraph of Plaintiff's Complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at tdal, if relevant. 10. Answering Defendant denies the allegations contained within this paragraph of Plaintiff's Complaint as after reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a basis to the belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 11. Denied. NEW MATTER 12. At all times relevant to the incident referred to in the Plaintiff's Complaint the Defendant conducted itself in a reasonable and workmanlike manner. 13. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 15. Answering Defendant was not negligent. 18. The Plaintiff or those working with the Plaintiff may have caused or contributed to the damages as outlined in the Complaint. WHEREFORE, Defendant, Hawsy Masonry and Construction Company, hereby prays that the Complaint be dismissed, at the costs of Plaintiffs. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: I Il (~I(~ ~- Jol~ ~lounlacker, Esquire Attdrney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7134 VERIFICATION I, Jonas Lapp, Representative of Defendant, Hawsy Masonry and Construction Company, hereby state that the statements made in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. JONA~ L~PP, Represe~Ft~ve of Defendant, Haw~(/Masonry and Construction Company CERTIFICATE OF SERVICF I. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing Answer with New Matter was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: THOMAS, THOMAS & HAFER, LLP Thomas E. Breamer, Esquire I.D. #: 32085 GOLDBERG, KATZMAN &SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of HANSELMAN MANAGEMENT CORPORATION t/a HANSELMAN LANDSCAPE Plaintiff VS, HAWSY MASONRY AND CONSTRUCTION COMPANY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-4736 Civil Term PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW, comes the Plaintiff Erie Insurance Exchange, as Subrogee of Hanselman Management Corporation t/a Hanselman Landscape, by its attorneys, Goldberg, Katzman, Shipman, P.C., who state: 12. necessary. 13. necessary. 15. Denied. This paragraph states a legal conclusion to which no response is Denied. This paragraph states a legal conclusion to which no response is Denied. This paragraph states a legal conclusion to which no response is necessary. 16. Denied. It is denied that the acts of Hanselman Landscape caused or contributed to the damages as set forth in the Complaint. WHEREFORE, Plaintiff demands judgment against Defendant, Hawsy Masonry, in the mount of $15,489.42, together with interest and cost of suit. This amount requires a submission of this matter to compulsory arbitration pursuant to the local rules of Court. GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire ID#: 32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Erie Date: VERIFICATION I, Anita McDowell, an authorized representative of Erie Insurance Exchange, hereby acknowledge that we are the Plaintiff in this action, that I have read the foregoing document, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. ERIE INSURANCE EXCHANGE CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, coXified, at Harrisburg, Pennsylvania and addressed as follows: John Flounlacker Thomas, Thomas & Haler 305 Nol~di Front Street P.O. Box 999 Harrisburg, PA 17108 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Thomas E. Brenner, Esquire Attorney for Plaintiff Erie Date: 2/22/02 ERIE INSURANCE EXCHANGE :IN THE COURT OF COMMON as Subrogee of HANSELMAN :PLEAS OF CUMBERLAND MANAGEMENT CORPORATION:COUNTY, PENNSYLVANIA t/a HANSELEMAN LANDSCAPE: VS. HAWSY MANSONRY AND CONSTRUCTION COMPANY :NO. 01-4736 .. .. .. ORDER Appointed arbitrator, Attorney David Lopez, is not available to sit or that position regarding the above matter. Attorney Aaron Neuharth, available and is substituted in his stead. Bate: LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 e~] :I NJ L Z N'[[' eO ERIE INSURANCE EXCHANGE, · IN THE COURT OF COMMON As Subrogee of HANSELMAN · PLEAS OF MANAGEMENT CORPORATION: CUMBERLAND COUNTY, t/a: HANSELMAN :PENNSYLVANIA LANDSCAPE : Plaintiff : : vs. : NO. 01-4736 CIVIL : HAWSY MANSONRY AND : CONSTRUCTION COMPANY : Defendant : ORDER Attorney Stephen Banko, Jr.'s appointment as arbitrator in the above case is hereby vacated due to a conflict of interest and Attorney Kara Haggerty is appointed in his stead. Date: LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ) O'ATH In .The Court of Common Pleas of Cumberland County Pennsylvania We do solemnly swear (or affirm) ;hac we will support, obey and defend the Constitution of the United States and the Constituglo~, of ~his Common- AW~I) We, the umdersigned arbitrators, having been duly appointed and sworn (or affirmed), make =he following award: (Note: If d~m~ges for delay are awar4ed, they Shall be separately stated. ) /¢ LzC 7 applicable. ) Date of Hearing: '~'/t/Q/O~' '/' Arbitrator, NOTICE OF ~-NTRY OF AWARD award was entered unon the docket and notice uhereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: O--_.ol,,y 4o q_...,q.. Thomas E. Bganer, Esquire I.D. #: 32085 GOLDBERG, KATZMAN 8: SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of HANSELMAN MANAGEMENT CORPORATION t/a HANSELMAN LANDSCAPE Plaintiff vs. HAWSY MASONRY AND CONSTRUCTION COMPANY, Defendant : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 01-4736 Civil Term PRAECIPE TO DISCONTINUE Please mark this action settled and discontinued. Date: ~ /~/6') GOLDBERG, KATZMAN & SHIPMAN, P.C. ID#: 32085 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff