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Home My WebLink About04-2043Thomas E. Brenner, Esquire Goldber~. K~tzman & Shipman, P.C. PC) Box 1268 Ha~dsbur~ PA 717-234-4161 Attorneys for PNin6ff ERIE INSURANCE EXCHANGE, as Subrogee of Gary and Becky Dechene, Plaintiff SUE ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS Please initiate an action against the defendant Sue Ann Diffenbaugh, with an address of 216 Avon Drive, Carlisle, Cumberland County, Pennsylvania. GOLDBERG, IGSTZMAN & SHIPMAN, P.C. r.,/~} Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 171(118-1268 717-234-4161 Attorneys for Plaintiffs Date: May 5, 2(11(114 ERIE INSURANCE EXCHANGE, as Subrogee of Gary and Becky Dechene, Plaintiff SUE ANN DIFFENBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW WRIT OF SUMMONS TO: Sue Ann Diffenbaugh 216 Avon Drive Carlisle, PA 17013 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Deputy 'i09533.1 SHERIFF'S RETURN - REGULAR CASE NO: 2004-02043 P COMMONWEALTH OF PENNSYLVAlqIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS DIFFENBAUGH SUE ANN ROBERT BITNER Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 10th day of May , 2004 by handing to true and attested copy of WRIT OF SUMMONS together with says, the within WRIT OF SUMMONS DIFFENBAUGH SUE ANN DEFENDANT , at 2005:00 HOURS, at 216 AVON DRIVE CARLISLE, PA 17013 SUE ANN DIFFENBAUGH a and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 So Answers: R. Thomas Kline 05/11/2004 GOLDBERG KATZMAN SHIPMAN Sworn and Subscribed to before me this ~[ ~ day of ~ ERIE INSURANCE EXCHANGE, as Subrogee of Gary DeChene and Becky DeChene, Plaintiffs SUE ANN DIFFENBAUGH Defendant : IN THE COUI~ OF COMMON PLEAS : CUMBE~:D COUNTY, : PENNSYLVB2qlA : : CML ACTION - LAW : : NO. 2004-02043 NOTICE TO DEFEND 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYE1L IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION .ABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Thomas E. Brenner, Esquire Attorney I. D. No. 32085 GOLDBERG, KATZMAN, P.C. 32O Masket Street P.O. Box 1268 Harrisbusg, PA 17108-1268 Telephone: (717) 2344161 Attomey for Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of Gary DeChene and Becky DeChene, Plaintiffs SUE ANN DIFFENBAUGH Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CML ACTION - LAW : NO. 2004-02043 COMPLAINT AND NOW, comes the Plaintiff, Erie Insurance, as Subrogee of Gary DeChene and Becky DeChene, by and through its counsel, Goldberg Katzman, P.C., who files this Complaint against the Defendant Sue Ann Diffenbaugh and avers the following~ 1. Plaintiff Erie Insurance Exchange is an entity authorized to issue policies of insurance in the Commonwealth of Pennsylvania. The Plaintiff Erie Insurance Exchange (hereinafter "Erie") is a corporation with a business location of 4901 Louise Drive, Rossmoyne Business Center, P. O. B ox 2013, Mechanicsburg, PA 17055-0710. 2. Defendant, Sue Ann Diffenbaugh is an adult individual who resides at 216 Avon Drive, Carlisle, Cumberland County, Pennsylvania. 17013. 3. Erie issued a policy of homeowner's insurance to insure a property owned by Gary and Becky Dechene located at 356 Sawmill Road, Nexvville, Cumberland County, Pennsylvania 17241, which was in effect on August 4, 2002. 4. This action arises from a fire loss that occurred on August 4, 2002 at 356 Sawmill Road, Newville, Pennsylvania. 5. On the aforesaid date, Defendant Diffenbaugh was cooking french fries in a frying pan on the stove at the DeChene home. stove. 8. 9. 10. On this date, an electrical storm caused an electric outage at the DeChene After the electric outage, Defendant Diffenbaugh left frying pan to the the frying pan which Diffenbaugh had left on the stove top burner, the "ON" position. 11. Defendant Diffenbaugh was negligent in that she: Diffenbaugh failed to turn the stove top knob to the "OFF" position. Diffenbaugh and the insureds then left the premises. After the electricity was restored, a fire origfinated from the oil residue in which remained in failed to attend to her cooking; failed to empty the grease-filled frying pan; failed to ensure that the stove was properly turned off; and d. left the premises while the frying pan remained on the stove. 12. Solely as a result of the negligence of Diffenbaugh, the aforesaid fire occurred resulting m property damage to the property owned by the DeChenes and resulted in a claim and payment for the damages by Plaintiff Erie Insurance. 13. The DeChenes presented a claim for their property damage, personal property losses and related expenses to Erie and Erie made payments totaling $373,186.78. WHEREFORE, Plaintiff demands judgment against Defendant Diffenbaugh in the amount in excess of $25,000.00. together with interest and cost of suit. GOLDBERG, IqLATZMAN, P.C. Thomas E. Brermer, Esquire Attorney ID # 312085 Heather L. Paterno, Esquire Attorney ID #87'506 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff Date: June 24, 2004 110455.I VERIFICATION representative of ['~rie Insurance l:,xchange, the Plaintiff in this action; that I have read the foregoing document and that the facts stated therein are tt't~e and correct to tine best of my 'knoxvledge, information and belief. I understand 'that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification I:o authorities. 15Rll< INSURANCi~ I:'~XCHANGE~5 Date: 1o4359.1 CERTIFICATE OF SERVI[CE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid, addressed to the following: Sue Ann Diffenbaugh 216 Avon Drive Carlisle, PA 17013 Date: June 24, 2004 GOLDBERG ICATZMAN, P.C. By: ~ Thomas E. Brenner, Esquire Thomas E. Brenner, Esquire GOLDBERG, KATZMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plainliff ERIE INSURANCE EXCHANGE, as Subrogee of Gary DeChene and Becky DeChene, Plaintiffs Vo SUE ANN DIFFENBAUGH Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2004-02043 PRAECIPE TO ENTER JUDGMENT BY DEFAULT Please enter Default Judgment against Sue Ann Diffenbaugh for failure to fde an Answer to the Complaint. A copy of the Ten Day Notice is attached to this Praecipe. Date: August 20, 2004 By: GQL~DBERG, KATZMAN, P.C. Thomas E. Brenner, Esquire Attorney ID # 32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff 113148.1 320 MARKET STREET · STRAWBERRY SQUARE P.O. BOX 1268 · HARRISBURG, PENNSYLVANIA 17108-1268 717.234.4161 * 717.234.6808 (FAX) GOLDB ERG, KATZMAN ~ SHIPMAN, P,C, ATTORNEYS AT LAw August 5, 2004 OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCE ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NElL HENDERSHOT J. JAY COOPER THOMAS E, BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GuY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. RUSSO MICHAEL J. CROGENZI THOMAS J. WESER STEVEN E. GRUBB JOHN DELORENZO JOHN R. NINOEKY ROYCE L. MORRIS DAVID U. STECKEL HEATHER L, PATERNO BENJAMIN D. ANDREOZZI Via certified mail Sue Ann Diffenbaugh 216 Avon Drive Carlisle, PA 17013 RE: Fire Loss of August 3, 2002 Erie Insureds: Gary and Becky DeChene Dear Ms. Diffenbaugh: Enclosed please fred a 10-Day Notice of Takfng Default Judgment in the above matter. .V/ty t- y ' T horri~'~__~. Brenner TEB:ak Enclosure 107989.2 Thom~ E. Brenner, Esquire GOLDBERG, KATZMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 254-4161 Attorney for Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of Gary DeChene and Becky DeChene, Plaintiffs SUE ANN DIFFENBAUGH Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : : : CIVIL ACTION - LAW : : NO. 2004-02043 . TEN-DAY NOTICE OF TAKING DEFAULT TO: Sandra Ann Diffenbaugh 216 Avon Drive Carlisle, PA 17013 DATE OF NOTICE: August 5, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE · YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TFJ,EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 Date: August 5, 2004 112659.1 By: GOLDBERG, KATZMAN, P.C. Thomas E. Brenner, Esquire Attorney ID # 32085 P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a copy of the pleading upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Sue Ann Diffenbaugh 216 Avon Drive Carlisle, PA 17013 Date: August 20, 2004 By: GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Es% Thomas E. Brenner, Esquire GOLDBERG, KATZMAN, P.C. P.O. Box 1~68 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff ERIE INSURANCE EXCHANGE, as Subrogee of Gary DeChene and Becky DeChene, Plaintiffs SUE ANN DIFFENBAUGH Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : CIVIL ACTION - LAW : : NO. 2004-02043 : : AFFIDAVIT AS TO MILITARY SERVICE To the best of my knowledge the Defendant in the above-captioned lawsuit is not in the military service. Thomas E. Brenner, Esquire Sworn to and subscribed before me this ~O day of August 2004. Notary Pu~blic My C~r~isst~ Ex,res Oct. 15, 2006