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Home My WebLink About04-1909THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR.,ESQUIRE Identification No.: 81894 21 S. 218` Street Philadelphia, PA 19103 (215) 988-9600 Erie Insurance Group 4901 Louise Drive Mechanicsburg, PA 17055 Individually and as Subrogee on behalf of Craig Goodhart and Craig Goodhart 5 West Lawn Circle Wormleysburg, PA 17043 VS. Stephanie Hastings 336 5th Street New Cumberland PA 17070 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO-:0q-14967 (2[UlCE2.rq 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 JUDGEMENT 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 (717) 24903166 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: PAUL M. SCHOFIELD, JR Identification No.: 81894 21 S. 21st Street Philadelphia, PA 19103 (215) 988-9600 ,ESQUIRE Erie Insurance Group 4901 Louise Drive Mechanicsburg, PA 17055 Individually and as Subrogee on behalf of Craig Goodhart and Craig Goodhart 5 West Lawn Circle Wormleysburg, PA 17043 VS. Stephanie Hastings 336 5th Street New Cumberland PA 17070 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. COMPLAINT IN CIVIL ACTION 1. Craig Goodhart (the "Plaintiff'), is an adult individual residing at the address above-captioned. 2. Plaintiff, Erie Insurance Group is a corporation duly authorized to conduct business within the Commonwealth of Pennsylvania, and is Subrogated to the rights of the Plaintiff arising out of the within claim. 3. Stephanie Hastings (the "Defendant"), is an individual residing at the above- captioned address. 4. On or about July 12, 2002, the Plaintiff did own and possess a certain apartment , involved in the incident hereinafter referred to. 5. On or about July 12, 2002, Plaintiff believes the Defendant took medicine and fell asleep while filing her bathtub in her apartment. On or about July 12, 2002, Defendant did overfill the tub and allowed water to escape and leak onto the floor and into the apartment below causing damage to the walls, ceiling rugs and floor. Defendant had a duty to insure the water did not overflow the tub. 8. At the time and place aforesaid, the negligence, carelessness, recklessness and wantonness of the Defendant consisted of the following: (a) allowing the water to overflow the tub. (b) Being otherwise careless, reckless, negligent and wanton. 9. As a result of Defendant's actions Plaintiffs property was damaged in the amount of $15,500.00. True and correct copies of the police report and payment history from Erie Insurance Group are attached hereto and incorporated herein as Exhibit "A". 11. At all times material hereto the Plaintiff was insured by plaintiff, Erie Insurance Group. 12. As a further result of the Defendants' negligence, Erie Insurance Group, has made compensation for said properly loss to the Plaintiff. 13. Plaintiff, Erie Insurance Group, Individually and as Subrogee on behalf of the Plaintiff, has paid money to the Plaintiff for property damage in the amount of $15,500.00, for which Plaintiff demands remuneration from the Defendant. WHEREFORE, Plaintiffs, Craig Goodhart and Erie Insurance Group, Individually and as Subrogree on behalf of Craig Goodhart, claim damages from the Defendant, in the amount of $15,500.00, and/or any other damages this Honorable Court deems just and proper, including attorney's fees and court costs from the Defendant, for arbitration purposes only. GORDON & WEINBERG, P.C. JR.,ESQUIRE P01D 2008074 VERIFICATION PAUL M. SCHOFIELD, JR.,ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements hereinXf made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswoin falsificatfoq& authorities. SCHOFIELD, JR.,ESQUIRE Dated: April 15, 2004 EXHIBIT "A" PrintSta?ion . // 2 3 UZ 0 - Printed 7/23/2002 1/ /, ? /,6 f cofa- 9,9-1-y f , 6y? '?41TERIOR ' rlj FAIE El EXTERIOR AREA DIAGRAM AREA: x s INSURANCE STRUCTURAL GROUP 6 ... .. ERIE. SCOPE r 2 /-2 NAMED INSURED /?? ? - 1111 ... (/??7 /r t 0 CLAIM UMBER - - - - - r/-2D 21f ?°2 r DATE INSPECTED INTERIOR /,- ??e EXTERIOR 2 aew a e'/ ? ITEM MATERIALS M MATERIALS ?P vex a= ¢? en ??o ITE c pended ? Furring ? Plaster ? Roll Root f .arywall ? Stippled ? Grid ? Shake 911iywall ? Plywood ? Wall Paper ROOF ? Shingle Seltseal WALLS ? Plaster n/ ? Built Up RF ? Block ? Brick ? Panel ? Slate ? Concrete ? Ceramic ? Vinyl WB ? Metal \Ziub Floor El Hardwood ?/? ? Flashing FL OOP I ? Parquet ?p6,L.Yi ? VAC9rpet y - GUTTER ? Alum ? Copper ? Galvanized ? Sheet ? Til P ing ? Ceramic DOWNSPOUT ? Vinyl ? Gutter Screens ? Vinyl ? Ranch ? Colonial ? 3pc FASCIA TRIM MOULDING ? Chairrail ? Crown ? Cave ?Wootl ? Alum ? Vinyl SOFFIT TRIM ? Shoe ? Casing ? Corner El Wood ? Alum [I Vinyl SIDING ? Wood ? Metal ? Slide ? Storm ? Vinyl Clad ? Shingle DOOR ? Pre H ? Flush ? Louvered ? Entry ? Glazed ? Si(old [ Panel ? Garage MASONRY ? Brick ? Block ? GWCCO ? Stone ? Wood ? Alum ? Vinyl ? Storm WINDOW ? D/H ? Slide ? Casm ? Bay CHIMNEY ? Brick ? Metal ? Block ? Skylight ? Screen ? Insulated ? Framed 8 Sided COUNTER ? Ceramic ? Formica [] Butcher Block LANDSCAPING TOP ? Backsplasb ? Cut Out/ Miter AWNINGS / CARPORTS CABINET ? Wood ? Laminate ANTENNAE ? Wall ? Base ? Vanity ? Range ? Cooktop ? Wallov ? Oisp DEBRIS REMOVAL BUILT INS ? Dishw ? Relrig ? Freezer ? Hood FENCE ? Sink [I Tub [I Toilet [I ShoPan PLUMBING SHED ? Faucet ? Spray ? Seat ? MlxValve z S WALKS / DRIVES ? Thermostat ? Exhaust Fan/Hood ? Outlets ti El r? Switches ? Appl Cir POOLS ELECTRIC ? Junc Box ? Panel ? Light Cir ? Door Ch ? Inter Com ? S Alarm PATIOS C ? Light ? Wall ? Cell ? Recessed DECKS f- ? Air Handler Duct El AC Unit OTHER (LIST) HEAT tea' ? Furnace ? System ? Heatpump _ZS [:1 3" El 6" ? 9" G INSULATION ? Blanket ? Loose ? Rigid r.x, oraa FRCn1 MITCHELL CONSTRUCTION FAX NO. : 717-795-9800 Sep. 05 2002 01:37PM P1 15 Lilac Drive (717) 697-9319 Mechanicsburg, PA 17055 X .; ';??` Proposal Poed No page PROPOSAL SUBMITTED TO: PHONE: DATE: / r U^ C ?9avd{ICw f - v -7? JOB NAME AND LOCATION: I',- l6efflt--yiri We hereby propose to famish materials and labor necessary for the completion of: fir51" -lour 04-o-4* eA4- ?eW eva Ca ` rn hen yn-S ) (wul"'5 Paon? a Q2 SA // dPYltilQf? M clime/ne/ gfine ?o he tLked- hy finer. Ao si s6al 11e a! J req ?ecr d.oit,n ce4/4? pa ?.r ? hem nooks , crJ/ars n was ?i? ? ?, by 64),lti re/Asi?LIj 41( ilf?fs 5w/ ?eG.p s an? ?R ?e s w r exis1i1 1t? -4'ixAYr-S , seed ?auk? ???y`TMP//OLT//_ ?grveabe? C2f?' /n rtlCThhUDM . e?n? 4?7 n4/?W?r- /Ie?JRrr-`(7aor Q S. ape,, l hecaast of wG?Y?d?Mac?, rnho%e aid r#?cl- /,c/exl,4S1 `Cr/rle?, lnskf.I? Sv6-F/?? F?? v»y? ?(ao?- (? G??roo?, (??/?.</ t )e(,) Ca'?v (/w fill t'i f 4e, I Cjjl Aj , W E PROPOSE neteby to furnish nrale6al and labor - complete in accordance with above specifications. tot the sum of. 3 Q+ Qm1?le4?j1- dollars ($ /S Soo. ev '3 '/3 hfk-I(CwC?I iI ..-- Payment to be made as follows: A service charge of 1112% per month will be applied to any unpaid balanca after 30 days. All mnenik is guaranteed to be as specified, All weft t completed in a ia#, r Any or xnmfia war manlike man according to spec ill"oulians submitted, , per m will be executed Authorized only i;irn or written ofd from above specifications involving extra 4.Zl .ve be tsarWed si I only .pnn written orders, and will become an extra Charge over and ntl above the sslimalo. gnatur All agreements contingent upon strike,. accidents or delays beyond our control. Owner Nutot Phis proposal may be Withdrawn to ca-ry fire. torpedo and other necessary Inoueance. Our workers arc fully covered by Workmen's Compensation Insurance: by us it not accepted within ..._day.•. ACCEPTANCE OF PROPOSAL The above prices, specifications and cundi. lions ere satialadlory and are hereby accepted. You are authorized Id do tho work Signst ris; ..., - ?? as spe-,lad. Payment will be made as oullino l above. n - Date of Acceptance: 01/07/2003 09:17 Claims Management System CSPP0329 Check Print Page: 1 Req: JACOBS L ------------------------- `------------------------------------------------------ CHECK NO 05582869 CMS NO E582869 DATE 10/14/2002 Pay FIFTEEN THOUSAND AND 00/100 $$$$$15,000.0' CRAIG GOODHART AND MITCHELL CONSTRUCTION Operator Loss Date To The 5 WEST LAWN CIRCLE 255DONNELLY 07/12/2002 Order WORMLEYSBURG PA 17043-1127 of Claim Tax Id No 010170624862 For FINAL PAYMENT DWELLINGS Cashed C 10/23/2002 (J ?l ltd ?' J 1> -i c -, Qc/-,- SHERIFF'S RETURN - REGULAR CASE NO: 2004-01909 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP ET AL VS HASTINGS STEPHANIE RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon HASTINGS STEPHANIE DEFENDANT , at 0016:54 HOURS, on the 3rd day of May at 336 5TH STREET NEW CUMBERLAND, PA 17070 STEPHANIE HASTINGS a true and attested copy of NOTICE COMPLAINT by handing to the 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 1.00 Service 111.73 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 39.73 05/04/2004 GORDON & WEINBERG Sworn and Subscribed to before By: C? me this j3 day of ...,,,,,, /Deputy?Sheriff OP A.D. V /l 4 Prothonotary 41 V ERIE INSURANCE GROUP, CRAIG GOODHART, Plaintiffs VS. STEPHANIE HASTINGS Defendant Admitted. 2. Admitted. 3. Admitted. 4. Admitted. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1909 Civil Tenn ANSWER Denied. On or about the date in question, the plaintiff, while filling a tub, became dizzy, went to sit down and passed out due to an unknown and unanticipated medical condition. It is admitted that the tub overflowed on said date. Defendant is without knowledge as to the nature of the damage caused as defendant has no access to the apartment below. The allegation is a conclusion of law to which no responsive pleading is required. Denied. The allegation is a conclusion of ]law to which no responsive pleading is required. By way of further answer it is specifically denied that passing out is careless, reckless, negligent or wanton. Denied. No police report is attached to the file. To the extent the allegation refers to the attached estimate, it is denied that the estimate is reasonable. 10. No allegation 10 appears in the complaint. 11. Admitted. 12. Denied. The allegation to the extent it alleges negligence on the part of defendant is a conclusion of law. 13. Denied. It is admitted that plaintiff Erie Insurance paid said sum. It is denied that defendant is obligated to plaintiff. WHEREFORE, defendant requests your Honorable Court to dismiss the complaint of plaintiff. _? 9 S phanie Hastings, Fro se 336 5`h Street New Cumberland, PA 17070 Verification I verify that the statements made in the foregoing are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Date: _42? 0anie Hastings CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Answer to New Matter by depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Paul M. Schofield, Jr., Esquire Gordon & Weinberg, P.C. 21 South 21" Street Philadelphia, PA 19103 Date: 49-71ol (c &) Stephanie Hastings YJ C.' f ?„? f? ?=' r T7 _ L "? ? r? ?? ? ` '".. { 1 ? ?? {?'3 :?F? ''m ? '? C.Il Curtis R. Long Prothonotary office of the jorotbonotarp Cumberfaub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0A/ - / Qd ? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573