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HomeMy WebLinkAbout09-4259NELSON LEVINE de LUCA & HORST, LLC ATTORNEYS FOR PLAINTIFF BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Plaintiff(s) V. NIKOLAOS SEITZ 5950 Huntington Commons Enola, PA 17025 and REBECCA KREBS 5950 Huntington Commons Enola, PA 17025 and DEVIN BREWER 10 Poplar Street Wormleysburg, PA 17043 NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: CA-46151 04VII-Rim 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE, Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NELSON LEVINE de LUCA & HORST, LLC ATTORNEYS FOR PLAINTIFF BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Plaintiff(s) V. NIKOLAOS SEITZ 5950 Huntington Commons Enola, PA 17025 and REBECCA KREBS 5950 Huntington Commons Enola, PA 17025 and DEVIN BREWER 10 Poplar Street Wormleysburg, PA 17043 COMPLAINT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: Coq - 41 Z Sq CZ a -r.. Plaintiff, by and through undersigned counsel, hereby demands judgment against defendants, and complains against them as follows: Plaintiff, Kathy M. Witters, is an adult individual and was, at all times relevant hereto, the owner and occupant of the property located at 8 Poplar Street, ) Vormleysburg, PA 17043. 2. Defendant, Nikolaos Seitz (hereinafter referred to as "Seitz"), is an adult individual and was, at all times relevant hereto, the owner of the property located at 10 Poplar Street, Wormleysburg, PA 17043 (hereinafter the "subject property") and resided in the first and third floors of same. 3. Defendant, Rebecca Krebs (hereinafter referred to as "Krebs"), is an adult individual and, at all times relevant hereto, resided in an apartment located in the front of the second floor of the property located at 10 Poplar Street, Wormleysburg, PA 17043. 4. Defendant, Devin Brewer (hereinafter referred to as "Brewer"), is an adult individual and, at all times relevant hereto, resided in an apartment located in the rear of the second floor of the property located at 10 Poplar Street, Wormleysburg, PA 17043. 5. On or about January 13, 2008, Seitz permitted his tenants to smoke cigarettes in an area that was unsafe for that activity. 6. On or about January 13, 2008, a fire erupted on the second floor balcony of the subject property as a result of the careless disposal of smoking materials by one or all of the defendants. 7. On or about January 13, 2008, Seitz, after arriving at the subject property between 1:00p.m. and 1:30p.m., began to detect the odor of burning wood and subsequently searched his premises, including the basement in which he observed a smoke condition. 8. On or about January 13, 2008, Krebs, after awakening in her apartment at approximately 2:00 p.m., immediately began to smell smoke, discussed her suspicions with Seitz, who informed her that he was unable to locate the source of the smell, and then returned to her apartment to take a shower. 9. None of the defendants called emergency or fire officials or others after smelling smoke or conducted any further inspections. 10. The fire, which resulted in extensive damage to Plaintiff's real and personal property, as well as the imposition of additional expenses and hardship besides, was directly and proximately caused by Defendants as is further and more fully described below. COUNT I - NEGLIGENCE PLAINTIFF vs. NIKOLAOS SEITZ 11. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 12. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, individually and/or by and through his tenants, renters, occupants, residents, lodgers, guests, boarders, and/or servants, more specifically described as follows: a. failing to inspect and/or test smoke detection devices in the subject property; b. failing to recommend and/or take other necessary and appropriate precautions to ensure the smoke detection devices were in proper working condition; C. failing to maintain a safe and habitable premises; d. failing to take all precautions necessary under the circumstances to safeguard the premises from risk of fire; e. failing to ensure the safety of the premises from the risk of fire through the lease agreement with tenants; f. failing to contact the proper authorities or others after observing a smoke condition in the subject premises; g. failing to take necessary and appropriate precautions to warn tenants, neighbors and/or others of a possible fire after observing the smoke condition; h. leasing to tenants who carelessly and improperly disposed of smoking material at the subject premises, which the defendant knew or should have known created an unreasonable risk of harm to the subject premises and others; i. allowing tenants to smoke materials in an area that was inappropriate and unsafe for such activities; and j. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 13. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT II- NEGLIGENCE PLAINTIFF vs. REBECCA KREBS 14. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 15. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, acting both jointly and severally with the remaining co-defendants as more specifically described as follows: a. improperly disposing of a smoking material at the subject premises which defendant knew or should have known created an unreasonable risk of harm to the subject premises; b. failing to inspect and/or test smoke detection devices in the subject premises; C. failing to take all precautions necessary under the circumstances to safeguard the premises from the risk of fire; d. failing to make sure the smoking material was not still smoldering before it came into contact with another combustible; e. failing to notify the proper authorities of a possible fire in the subject premises; and f. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 16. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real'. property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT III- NEGLIGENCE PLAINTIFF vs. DEVIN BREWER 17. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 18. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, acting both jointly and severally with the remaining co-defendants as more specifically described as follows: a. improperly disposing of a smoking material at the subject premises which defendant knew or should have known created an unreasonable risk of harm to the subject premises; b. failing to inspect and/or test smoke detection devices in the subject premises; C. failing to take all precautions necessary under the circumstances to safeguard the premises from the risk of fire; d. failing to make sure the smoking material was not still smoldering before it came into contact with another combustible; and e. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 19. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HORST, LLC BY: /WARD ?', f. J. YD, JR., ESQUIRE ATTORNEYS FOR PLAINTIFF VERIFICATION I, Francis Guillemette, do hereby state that I am a representative for Erie Insurance Group in the within action, and as such do hereby verify that the statements made in the foregoing 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 penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: FRANCIS GUILLEMETTE G) P',x TL J'' i 4 t"1;J G t..: ?. E ?. L. •'r 1 t L '.1 J Vls.5o P1. IATT1 CK.+ 11 b 33R ut Awl Igq Sheriffs Office of Cumberland County R Thomas Kline Sheri ??ti4' f l LIl lid j?"If Ronny R Anderson ?? Chief Deputy , Jody S Smith Civil Process Sergeant cr Pic r )v "SEE Edward L Schorpp Solicitor FI-F Kathy Witters vs. Devin Brewer SHERIFF'S RETURN OF SERVICE Case Number 2009-4259 07/06/2009 04:36 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Devin Brewer, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Devin Brewer. The address requested for service at 10 Poplar Street Wormleysburg, PA 17043 is vacant. An exact address is not available. 07/07/2009 05:41 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2009 at 1741 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Nikolaos Seitz, by making known unto Laurel Montecalvo, Sister of defendant at 5950 Huntington Commons Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/07/2009 05:41 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Rebecca Seitz, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Rebecca Seitz. Laurel Montecalvo current resident at 5950 Huntingdon Commons Enola, PA 17025 states the defendant does not reside there. The Enola Postmaster has advised a P.O. BOX 433 Harrisburg, PA 17108 for the defendant. She may reside at 23 S. 3rd Street Harrisburg, PA 17101. An exact address is not available. SHERIFF COST: $97.90 SO ANSWERS, July 10, 2009 R THOMAS KLINE, SHERIFF Deput-f Sherif NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) V. NIKOLAOS SEITZ and REBECCA KREBS and DEVIN BREWER ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 09-4259 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on June 24, 2009. NELSON LEVINE de LUCA & HORST, LLC BY';`. C A J. BO , JR., ESQUIRE ATTORNEYS FOR PLAINTIFFS Dated: July 28, 2009 F LEA!-'"HICE THE r lUt! 2 O9 JU"L 31 Ph 3: 21 4 10 -oc, P C-3 ATrY CCk 3p9q t WILLIAM J. FERREN & ASSOCIATES Patrick J. Moran, Esquire I.D. No.: 61580 Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1701 Attorney for defendant, Nikolaos Seitz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Kathy M. Witters File No.: 2009-4259 V. Civil Action - Law Nikolaos Seitz, Rebecca Krebs and Devin Brewer ENTRY OF APPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Kindly enter my appearance as attorney for defendant, Nikolaos Seitz, in the above captioned matter. Defendant, Nikolaos Seitz, by and through their undersigned counsel, hereby demand a trial by a jury of twelve WILLIAM J. FERREN & ASSOCIATES By: Patrick J. oran, Esquire Attorney for Defendant, Nikolaos Seitz R FD- ; i r;. OF TH, M9 AUG 26 P "'I 28 PCiU'y611.VAMA Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 4 1 OFF "E CF ??IE 5-ERIFF OF THE 1'? IAPY Kathy Witters vs. Devin Brewer M9 AUG 2n AM 1v J 3 A _ iY PEI IT + ? T1+ 1.i'? Case Number 2009-4259 SHERIFF'S RETURN OF SERVICE 08/11/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Devin Brewer, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Wyoming County, PA to serve the within Complaint and Notice according to law. 08/11/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Rebecca Krebs, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 08/13/2009 01:55 PM - Wyoming County Return: And now August 13, 2009 at 1355 hours I, Richard D. Montross, Sheriff of Wyoming County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Devin Brewer by making known unto himself personally, at RR2 BOX 91-A Meshoppen, PA 18630 it's contents and at the same time handing to him personally the said true and correct copy of the same. 08/17/2009 Dauphin County Return: And now, August 17, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Rebecca Krebs the defendant named in the within Complaint and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. SHERIFF COST: $62.00 August 24, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF (Otfitit Of the &I?vr-t r -f Mary Jane De Snpuyder Real Estate William T. Tully Solicitor k R Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin KATHY M WITTERS REBECCA KREBS Charles E. Sheaffer Chief Deputy - Michael W. Rinehart Assistant Chief Deputy VS Sheriff s Return No. 2009-T-2233 OTHER COUNTY NO. 20094529 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for REBECCA KREBS the DEFENDANT named in the within COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, AUGUST 17, 2009. PER RICK WALKER, NEXT DOOR NEIGHBOR, REBECCA MOVED OUT 6 MONTHS AGO, POSSIBLY TO MARYLAND Sworn and subscribed to before me this 17TH day of August, 2009 11??7&1 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire. Dauphin County M Cpmmission Expires Set 1, 2010 So Answers, Sheriff DBy - Deputy Sheriff Deputy: D ARTHUR Sheriffs Costs: $41.25 8/13/2009 In The Court of Common Pleas of Cumberland County, Pennsylvania Kathy M. Witters Devin Brewer RR 2 BOX 91-A Meshoppen, PA 18630 VS. Civil No. 2009-4259 Now, August 11, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Wyoming County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, IG 12 S T l 3 *-t? , 20 0c( , at ?! SS o'clock jP M, served the within 0 0 " >&,w , ?-- upon ??Ul?? /?il?zcl'?2_ at l ox I/- I,J?6 J by handing to t?- a copy of the original ?0 A-4010LAc cv r- let 4111 Z-Awtw and made known to b the contents thereof. So answers, of Sworn and subscribed before me this day of 20_ COSTS SERVICE_ MILEAGE_ AFFIDAVIT County, PA ' C?ouut ? e?if ' , p ? to ? 0 W prone: 570 -996 -2265 1 Courtboua 6quare, Tunkbannock, 3pa. 15657 ifax: 570 -S36 -3075 va,c r?cucvcu SHERIFF SERVICE, PROCESS RECEIPT AND AFFIDAVIT OF RETURN 8-14-09 August 12, 2009 I TYPE OF WRIT: Complaint COURT NUMBER: 2009-4259 Kathy M. WITTERS DEFENDANT(S): Devin BREWER me S E R V E DDevin BREWER RR 2, Box 91-A, Meshopl REMARKS:Served Writ. PA 18630 ?See Attached Report?Continued on Reverse Side Now on I, RICHARD D. MONTROSS, Sheriff of Wyoming County, Pa., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SIGNATURE OF WYOMING COUNTY SHERIFF: From Whom: I hereby Certify and Return that I, ® have personally served, ? have served person in charge, ? have Posted Property ? have legal evidence of service as shown in "Remarks" ? have Not Found as shown in "Remarks" Name and Title Date of Service Time PERSON I SERVED Devin Brewer Defendant 8-13-09 1:55 PM Complete only it different than address above Township or Borough LOCATION OF SERVICE SERVICE DATE MILES DATE MILES DATE MILES DATE MILES DATE MILES ATTEMPTS 8-13-09 21 Advance Costs Service Fee Return / Docket Mileage Fee Deputy Fee Act 10 Fee Notary Fee Misc. Total Costs Cost Due o efun $75.00 $9.00 $9.00 $11.55 $12.13 $5.00 $46.68 $28.32 AFFIRMED and subscribed before me this 14th SO ANSWER: (Sheriff or Deputy Sheriff) (Print and Sign Name) DATE ( day of August 2009 0? J? c? Chief Deputy Don Freed 8-14-09 Time Stamp Sig ature of Prothonotary or ep ty 1PAULME A. SURNSIOIJ PROTHONOTARY WYOMING CO. TUNKHANNOCK, PA My Co nnihaion Expires First Monday a j?? NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Plaintiff(s) V. NIKOLAOS SEITZ 5950 Huntington Commons Enola, PA 17025 and REBECCA KREBS 5950 Huntington Commons Enola, PA 17025 and DEVIN BREWER 10 Poplar Street Wormleysburg, PA 17043 NOTICE ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: (A - go67 at A t -I rrn n ^? te. _, r? r ?-I+ C :rT ? ^r -D l-. y? ?i? _J J km 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE, Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 a COPY FROM RECORD (717) 249-3166 in To%mtwrf whereof, ! hereunto set my has $nd ` t of said GWI I at Carvle. N. 11 7-i4'?1y a _ NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Plaintiff(s) V. NIKOLAOS SEITZ 5950 Huntington Commons Enola, PA 17025 and REBECCA KREBS 5950 Huntington Commons Enola, PA 17025 and DEVIN BREWER 10 Poplar Street Wormleysburg, PA 17043 Defendants COMPLAINT ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: Plaintiff, by and through undersigned counsel, hereby demands judgment against defendants, and complains against them as follows: Plaintiff, Kathy M. Witters, is an adult individual and was, at all times relevant hereto, the owner and occupant of the property located at 8 Poplar Street, Wormleysburg, PA 17043. 2. Defendant, Nikolaos Seitz (hereinafter referred to as "Seitz"'), is an adult individual and was, at all times relevant hereto, the owner of the property located at 10 Poplar Street, Wormleysburg, PA 17043 (hereinafter the "subject property") and resided in the first and third floors of same. 3. Defendant, Rebecca Krebs (hereinafter referred to as "Krebs"), is an adult individual and, at all times relevant hereto, resided in an apartment located. in the front of the second floor of the property located at 10 Poplar Street, Wormleysburg, PA 17043. 4. Defendant, Devin Brewer (hereinafter referred to as "Brewer"), is an adult individual and, at all times relevant hereto, resided in an apartment located. in the rear of the second floor of the property located at 10 Poplar Street, Wormleysburg, PA 17043. 5. On or about January 13, 2008, Seitz permitted his tenants to smoke cigarettes in an area that was unsafe for that activity. 6. On or about January 13, 2008, a fire erupted on the second floor balcony of the subject property as a result of the careless disposal of smoking materials by one or all of the defendants. 7. On or about January 13, 2008, Seitz, after arriving at the subject property between 1:00p.m. and 1:30p.m., began to detect the odor of burning wood and subsequently searched his premises, including the basement in which he observed a smoke condition.. 8. On or about January 13, 2008, Krebs, after awakening in her apartment at approximately 2:00 p.m., immediately began to smell smoke, discussed her suspicions with Seitz, who informed her that he was unable to locate the source of the smell, and then returned to her apartment to take a shower. 9. None of the defendants called emergency or fire officials or others after smelling smoke or conducted any further inspections. 10. The fire, which resulted in extensive damage to Plaintiffs real and personal property, as well as the imposition of additional expenses and hardship besides, was directly and proximately caused by Defendants as is further and more fully described below. COUNT I - NEGLIGENCE PLAINTIFF vs. NIKOLAOS SEITZ 11. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 12. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, individually and/or by and through his tenants, renters, occupants, residents, lodgers, guests, boarders, and/or servants, more specifically described as follows: a. failing to inspect and/or test smoke detection devices in the subject property; b. failing to recommend and/or take other necessary and appropriate precautions to ensure the smoke detection devices were in proper working condition; C. failing to maintain a safe and habitable premises; d. failing to take all precautions necessary under the circumstances to safeguard the premises from risk of fire; e. failing to ensure the safety of the premises from the risk of fire through the lease agreement with tenants; f. failing to contact the proper authorities or others after observing a smoke condition in the subject premises; g. failing to take necessary and appropriate precautions to warn tenants, neighbors and/or others of a possible fire after observing the smoke condition; h. 'leasing to tenants who carelessly and improperly disposed of smoking material at the subject premises, which the defendant knew or should have known created an unreasonable risk of harm to the subject premises and others; i. allowing tenants to smoke materials in an area that was inappropriate and unsafe for such activities; and j. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 13. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT II- NEGLIGENCE PLAINTIFF vs. REBECCA KREBS 14. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 15. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, acting both jointly and severally with the remaining co-defendants as more specifically described as follows: a. improperly disposing of a smoking material at the subject premises which defendant knew or should have known created an unreasonable risk of harm to the subject premises; b. failing to inspect and/or test smoke detection devices in the subject premises; C. failing to take all precautions necessary under, the circumstances to safeguard the premises from the risk of fire; d. failing to make sure the smoking material was not still smoldering before it came into contact with another combustible; e. failing to notify the proper authorities of a possible fire in the subject premises; and f. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 16. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess. of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT III- NEGLIGENCE PLAINTIFF vs. DEVIN BREWER 17. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 18. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, acting both jointly and severally with the remaining co-defendants as more specifically described as follows: a. improperly disposing of a smoking material at the subject premises which defendant knew or should have known created an unreasonable risk of harm to the subject premises; b. failing to inspect and/or test smoke detection devices in the subject premises; C. failing to take all precautions necessary under the circumstances to safeguard the premises from the risk of fire; d. failing to make sure the smoking material was not still smoldering before it came into contact with another combustible; and e.. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 19. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HORST, LLC , J., ESQUIRE C, ATTORNEYS FOR PLAINTIFF BY: ARD J. D R VERIFICATION I, Francis Guillemette, do hereby state that I am a representative for Erie Insurance Group in the within action, and as such do hereby verify that the statements made in the foregoing 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 penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. FRANCIS GUILLEMETTE Dated: 'o-1118T . L o ? v s File # Operator: Primary Defendant: Cash Accounting COUNTY OF DAUPHIN HARRISBURG, PA. Case Number 2009-T-2233 2555 REBECCA KREBS J.R. LOTWICK SHERIFF OF DAUPHIN COUNTY OFFICAL RECEIPT Document COMPLAINT Rec. Cat Transaction Deposit Receipt Date . Type Type Number Check From Amount 8/13/2009 Deposit C Civil Action- Check 09-76399 NELSON LEVINE DE LUCA & $41 25 T _ 1 ? ounty Notice HORST . i offal r4umDer OT KOWS: 1 Total Paid $41.25 RECD. BY I 8/13/2009 10:48:56 AM In The Court of Common Pleas of Cumberland County, Pennsylvania Kathy M. Witters Rebecca Krebs 23S.3 rd Street Harrisburg, PA 17101 vs. Civil No. 2009-4259 Now, August 11, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and. risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of 120 20 , at o'clock M, served the COSTS SERVICE $ MILEAGE AFFIDAVIT the contents thereof. County, PA Request for Service R. Thomas Kline, Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph:717.240.639o Fx:717.240.6397 Plaintiff/s: Court Number: 09-4259 Kathy M. Witters Expiration Date: 8/31/09 Type of Action: Civil Defendant/s: Nikoaos Seitz, Rebecca Krebs and Devin Brewer Serve Upon: Rebecca Krebs Address for Service: 23 S. 3rd Street, Harrisburg, PA 17101 State FPA Alternate Address for for Service: State FAL Type of Service: r Adult in Charge r Personal W Deputize Certified :Mail F Posting **Copy of Court Order Required with Posting** Special Service Instructions: If service is to be made by deputized service to Dauphin County another county please specify which cou nty' Filing Attorney: Name: Richard J. Boyd, Jr., Esquire Address: 518 Township Line Road, Suite 300 113lue Bell State PA 19422 W Phone Number: 2153585100 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) V. NIKOLAOS SEITZ and REBECCA KREBS and DEVIN BREWER S ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 09-4259 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on June 24, 2009. NELSON LEVINE de LUCA & HORST, LLC BY: /", ? 4/ ICHARD J. BO , JR., SQUIRE ATTORNEYS F PLAINTIFFS Dated: August 25, 2009 CA) 2UJ9t` 27 r=`j *{0.00 P6 #.T't q ?c? 3t3s9 aagsg3 WILLIAM J. FERREN & ASSOCIATES Patrick J. Moran, Esquire I.D. No.: 61580 Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1701 Attorney for defend Nikolaos Seitz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Kathy M. Witters 8 Poplar Street Wormleysburg, PA 17043 File No.: 2009-4259 V. Nikolaos Seitz 5950 Huntington Commons Enola, PA 17025 and Rebecca Krebs 5950 Huntington Commons Enola, PA 17025 and Devin Brewer 10 Poplar Street Wormlesburg, PA 17043 Civil Action - Law DEFENDANT, NIKOLAOS SEITZ, ANSWER TO PLAINTIFF'S COMPLAINT Defendant, Nikolaos Seitz, by and through its counsel, files this Answer with New Matter. 1. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 1 of plaintiffs Complaint and said allegation is denied. i 2. Admitted in part; denied in part. It is admitted that Nikolas Seitz was the owner of 10 Poplar Street, Wormleysburg, PA 17043. It is denied he resided on the first and third floors. 3. Admitted. 4. Admitted. 5. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 5 of plaintiffs Complaint and said allegation is denied. 6. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 6 of plaintiffs Complaint and said allegation is denied. 7. Admitted in part; denied in part. It is admitted that defendant, Nikolaos Seitz, detected a burning odor on January 13, 2008. It is specifically denied that between the time of 1:00 p.m. and 1:30 p.m. defendant Seitz observed this smoke condition. 8. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 8 of plaintiffs Complaint and said allegation is denied. 9. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 9 of plaintiffs Complaint and said allegation is denied. 10. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment contained in paragraph 10 of plaintiffs Complaint and said allegation is denied. 2 COUNT I - NEGLIGENCE Plaintiff vs. Nikolaos Seitz 1. Paragraph 11 is an incorporation paragraph to which no response is required. 12. (a)-(j) Denied. The averment in paragraph 12 of plaintiff's Complaint is a conclusion of law to which no response is required. 13. Denied. The averment in paragraph 13 of plaintiffs Complaint is a conclusion of law to which no response is required. WHEREFORE, defendant, Nikolaos Seitz, respectfully requests judgment be entered in his favor and against plaintiff on the cause of action in Count I of plaintiffs Complaint. COUNT 11- NEGLIGENCE Plaintiff vs. Rebecca Krebs 14. Paragraph 14 is an incorporation paragraph to which no response is required. 15-16. These allegations are directed to another defendant and no response is required. Moreover, the averments are conclusions of law to which no response is required. COUNT III - NEGLIGENCE Plaintiff vs. Devin Brewer 17. Paragraph 17 is an incorporation paragraph to which no response is required. 18-19. These allegations are directed to another defendant and no response is required. Moreover, the averments are conclusions of law to which no response is required. NEW MATTER 20. The plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act. 3 21. The claims of the plaintiff are barred in whole or in part by the applicable statute of limitations. 22. The claims of the plaintiff are barred in whole or in part by the doctrine of assumption of the risk and/or comparative negligence. 23. The complaint of the plaintiff fails to state a cause of action upon which relief may be granted against the answering defendant. 24. Answering defendant specifically denies any negligence, carelessness or failure in any duties allegedly owed to the plaintiff on its part. 25. If the plaintiff sustained any injuries/damages as alleged in the complaint, the facts being specifically denied by the answering defendant, those injuries/damages were caused by the acts or omissions of persons other than the answering defendant over whom/which the answering defendant had no control or right of control. 26. The claims of the plaintiff are barred in whole or in part or limited pursuant to any agreements entered into by the parties. WHEREFORE, defendant, Nikolaos Seitz, respectfully requests judgment be entered in his favor and against plaintiff on the cause of action in Count I of plaintiffs Complaint. NEW MATTER CROSSCLAIM PURSUANT TO PA R.C.P. 1031.1 DIRECTED TO CO-DEFENDANTS 27. Answering defendant, Nikolaos Seitz, incorporates by reference all of his answers and responses in paragraphs 1 through 26 of the Answer and New Matter as though the same were more fully set forth at length herein. 28. Answering defendant, Nikolaos Seitz, avers by way of further defense that if plaintiff sustained damages as alleged in the Complaint, all of which are specifically denied, the damages were not the result of any acts or omissions on the part of the answering defendant, but rather due to the acts of defendants Devin Brewer and Rebecca Krebs who are alone liable, primarily liable, or liable over to the answering defendant, Nikolaos Seitz, for any damages the plaintiff may have sustained and which are subsequently established at the time of trial. WHEREFORE, defendant, Nikolaos Seitz, demands judgment in its favor and against the co-defendants. WILLIAM J. FERREN & ASSOCIATES BY Patrick J. ran, Esquire Attorney for Defendant VERIFICATION I, Patrick J. Moran, Esquire, state that the facts in the foregoing Defendant, Nikolaos Seitz, Answer to Plaintiffs Complaint are true and correct to the best of my knowledge, information and belief. This Verification is made with knowledge of the penalties contained in 18 Pa. C.S.A. §4904, relating to unsworn verification to authorities. By: Patrick J. M n, Esquire Dated: 6 WILLIAM J. FERREN & ASSOCIATES ' Patrick J. Moran, Esquire I.D. No.: 61580 Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1701 Attorney for defend IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION Kathy M. Witters File No.: 2009-4259 V. Civil Action - Law Nikolaos Seitz, Rebecca Krebs and Devnn Brewer . CERTIFICATE OF SERVICE wt, Nikolaos Seitz YLVANIA I, Patrick J. Moran, Esquire, does hereby certify that a true and correct copy of Defendant, Nikolaos Seitz, Answer to Plaintiff's Complaint was served upon the following via first class mail, postage prepaid, this 31st day of August, 2009. Rebecca Krebs P.O. Box 433 Harrisburg, PA 17108-0433 Devin Brewer 10 Poplar Street Wormleysburg, PA 17043 Richard J. Boyd, Jr. Nelson Levine de Luca & Horst, LLC 518 Township Line Road, Suite 300 Blue Bell, PA 19422 WILLIAM J. FERREN & ASSOCIATES Patrick J. Moran, Esquire Attorney for Defendant 7 OF THE PF?C: ?t'':rt1_.1ir?? 2009 SEP -2 PM ! : 53 u rJti"+i vA rtl' PENINSYLVANA NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) V. NIKOLAOS SEITZ AND REBECCA KREBS AND DEVIN BREWER ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 09-4259 PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT NIKOLAOS SEITZ 20-26. In accordance with Pa. R.Civ. P. 1029(c), all averments of the aforementioned defendant are denied as conclusions of law, or as irrelevancies inappropriately raised as New Matter. Alternatively, if any of defendant's New Matter averments are deemed not to be conclusions of law or irrelevancies, in accordance with Pa.R.Civ.P 1029(e), the answering plaintiff is, after reasonable investigation, without knowledge or information to form a belief as to the truth of the defendant's averments and thus said averments are deemed denied. WHEREFORE, answering plaintiff demands that judgment be entered in her favor in accordance with her complaint. NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD Y , JR., ESQUIRE ;'ATTORNEYS FOR PLAINTIFF Dated: September 81 2009 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) V. NIKOLAOS SEITZ AND REBECCA KREBS AND DEVIN BREWER ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 09-4259 CERTIFICATE OF SERVICE I, Richard J. Boyd, Jr., Esquire, hereby certify that a true and correct copy of Plaintiff's Answer to New Matter of Defendant, Nikolaos Seitz was served on September 8, 2009, upon the following listed below by United States Mail, postage prepaid: Patrick J. Moran, Esquire William J. Ferren & Associates Ten Sentry Parkway, Suite 301 Blue Bell, PA 19422 Devin Brewer 10 Poplar Street Wormleysburg, PA 17043 Rebecca Krebs P.O. Box 433 Harrisburg, PA 17108 NELSON LEVINE de LUCA & HORST, LLC BY: L"i /? 1"?? - CHARD J. Y , JR., ESQUIRE ATTORNEYS FOR PLAINTIFF Dated: September 81 2009 OF THEE PP OTHOINOTARY 2009 SEA' 10 PH 0 0 3 cur C! i 1` LAW OFFICES WILLIAM J. FERREN & ASSOCIATES BY: PATRICK J. MORAN, ESQUIRE ATTORNEY ID. NO. 61580 TEN SENTRY PARKWAY, SUITE 301 BLUE BELL, PA 19422 (215) 274-1701 Attorney for Defendant USAA Casualty Insurance COURT OF COMMON PLEAS Company, a/s/o Diana R. Loyer CUMBERLAND COUNTY, PA V. Nikolaos C. Seitz NO. 2008-4006 Jury Trial Demanded Thomas Kiser COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. Civil Action - Law Nikolaos Seitz, et al. NO.: 2008-04832 Jury Trial Demanded Kathy M. Witters COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO.: 2009-4259 Nikolaos Seitz, Rebecca Krebs and Devin Brewer Jury Trial Demanded DEFENDANT, NIKOLAOS SEITZ MOTION TO CONSOLIDATE CASES FOR DISCOVERY AND TRIAL AND NOW COME defendant, Nikolaos Seitz, by and through his counsel, Patrick J. Moran, Esquire and file the foregoing Motion to Consolidate and in support thereof aver as follows: 1. All three cases arise from a fire which occurred on January 13, 2008 on Poplar Street, Wormleysburg, Pennsylvania 17043. 2. USAA Casualty Insurance Company filed a lawsuit in the Court of Common Pleas of Cumberland County, Civil Action No.: 2008-4006 as subrogee of Diana R. Loyer who owned property and resided at 6 Poplar Street, Wormlesburg, Pennsylvania 17043. Thomas Kiser filed suit in the Court of Common Pleas of Cumberland County at Civil Action No.: 2008-04832. Mr. Kiser resided at 12 Poplar Street, Wormleysburg, Pennsylvania 17043. 4. Kathy M. Witters filed suit in the Court of Common Pleas of Cumberland County, Civil Action No.: 2009-4259. Ms. Witters owned property and resided at 8 Poplar Street, Wormleysburg, Pennsylvania 17043. Pennsylvania Rule of Civil Procedure 213(a) provides: In actions pending in a county which involve a common question of law or fact or which arise from the same transaction or occurrence the court on its own motion or on the motion of any party may order a joint hearing or trial of any matter in issue in the actions, may order the actions consolidated, and may make orders that avoid unnecessary cost or delay. 6. All three actions involve the same claims, the same parties, the same witnesses and arise out of the same set of operative facts. 7. These cases should be consolidated for purposes of discovery and trial in order to avoid unnecessary costs to both the court and the parties and because all of the aforementioned Complaints involve questions of law and fact, and arise from the same transaction or occurrence. Rozonowski v Penn Nat'l Mutual Casualty Ins. Co., 343 Pa. Super 7 (1985); Lohmiller v. Weidenbaugh, 302 Pa. Super 174 (1982). The consolidation of these actions for discovery and trial will also avoid prejudice which could result from multiple hearings and inconsistent rulings. 9. The undersigned counsel has conferred with counsel for all three plaintiffs and there is no opposition to the instant Motion to Consolidate. WHEREFORE, the defendant, Thomas Kiser, respectfully requests that the above cases be 2 consolidated for discovery and for trial. Respectfully submitted, Patrick J. M Wan, Esquire, Attorney for Defendant, Nikolaos Seitz FILED-0. r-i='E OF THE PP ?`r"..,aN NARY 2009 SrEP 14 PH c: t¢ r/r" Y{ h USAA Casualty Insurance Company, a/s/o Diana R. Loyer V. Nikolaos C. Seitz ?E=f 5 2009 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2008-4006 Jury Trial Demanded Thomas Kiser COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. Civil Action - Law Nikolaos Seitz, et al. NO.: 2008-04832 Jury Trial Demanded Kathy M. Witters COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. NO.: 2009-4259 Nikolaos Seitz, Rebecca Krebs and Devin Brewer Jury Trial Demanded ORDER AND NOW, this 11v4% day of-? 009, it is hereby ORDERED and DECREED that Defendants' Motion to Consolidate is GRANTED. It is further ORDERED and DECREED that the matters are consolidated for purposes of Discovery and Trial under the action docketed with this Court under Docket No. 2008-4006. BY THE COURT: 4 duj,J FILED-C OF THE" P"'o't 2009 SEP 16 AN iii: 06 VLilr J,,,?.r?, Q/j&/of - copoes enb.< lic-C tz,-y7 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) V. NIKOLAOS SEITZ and REBECCA KREBS and DEVIN BREWER S ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 09-4259 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on June 24, 2009. NELSON LEVINE de LUCA & HORST, LLC BY: ICHARD J. , ft6SQUIRE ATTORNEY OR PTIFFS Dated: September 30, 2009 NELSON LEVINE de LUCA & HORST, LLC ATTORNEYS FOR PLAINTIFF BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Plaintiff(s) V. NIKOLAOS SEITZ 5950 Huntington Commons Enola, PA 17025 and REBECCA KREBS 5950 Huntington Commons Enola, PA 17025 and DEVIN BREWER 10 Poplar Street Wormleysburg, PA 17043 Defendant(, NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY /? CIVIL ACTION NO: CA-%257 ai v?t T&'m N r^ n r ` - k-0 -C Yuu have been surd 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL. SERVICE, Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 "M C*PY FROM RECORD (717) 249-3166 to ToOmy wherW, t here 11rdo set my hao od to NO of sald Ctwa at CaMe. Pa. y no . NELSON LEVINE de LUCA & HORST, LLC ATTORNEYS FOR PLAINTIFF BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215)358-5122 KATHY M. WITTERS 8 Poplar Street Wormleysburg, PA 17043 Plaintiff($) V. NIKOLAOS SEITZ 5950 Huntington Commons Enola, PA 17025 and REBECCA KREBS 5950 Huntington Commons Enola, PA 17025 and DEVIN BREWER 10 Poplar Street Wormleysburg, PA 17043 COMPLAINT COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: Plaintiff, by and through undersigned counsel, hereby demands judgment against defendants, and complains against them as follows: Plaintiff, Kathy M. Witters, is an adult individual and was, at all times relevant hereto, the owner and occupant of the property located at 8 Poplar Street, Wormleysburg, PA 17043. 2. Defendant, Nikolaos Seitz (hereinafter referred to as "Seitz"), is an adult individual and was, at all times relevant hereto, the owner of the property located at 10 Poplar Street, Wormleysburg, PA 17043 (hereinafter the "subject property") and resided in the first and third floors of same. Defendant, Rebecca Krebs (hereinafter referred to as "Krebs"), is an adult individual and, at all times relevant hereto, resided in an apartment located in the front of the second floor of the property located at 10 Poplar Street, Wormleysburg, PA 17043. Defendant, Devin Brewer (hereinafter referred to as "Brewer"), is an adult individual and, at all times relevant hereto, resided in an apartment located in the rear of the second floor of the property located at 10 Poplar Street, Wormleysburg, PA 17043. 5. On or about January 13, 2008, Seitz permitted his tenants to smoke cigarettes in an area that was unsafe for that activity. On or about January 13, 2008, a fire erupted on the second floor balcony of the subject property as a result of the careless disposal of smoking materials by one or all of the defendants. 7. On or about January 13, 2008, Seitz, after arriving at the subject property between 1:00p.m. and 1:30p.m., began to detect the odor of burning wood and subsequently searched his premises, including the basement in which he observed a smoke condition. On or about January 13, 2008, Krebs, after awakening in her apartment at approximately 2:00 p.m., immediately began to smell smoke, discussed her suspicions with Seitz, who informed her that he was unable to locate the source of the smelt, and then returned to her apartment to take a shower. 9. None of the defendants called emergency or fire officials or others after smelling smoke or conducted any further inspections. 10. The fire, which resulted in extensive damage to Plaintiff's real and personal property, as well as the imposition of additional expenses and hardship besides, was directly and proximately caused by Defendants as is further and more fully described below. COUNT I - NEGLIGENCE PLAINTIFF vs. NIKOLAOS SEITZ It. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 12. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, individually and/or by and through his tenants, renters, occupants, residents, lodgers, guests, boarders, and/or servants, more specifically described as follows: a. failing to inspect and/or test smoke detection devices in the subject property; b. failing to recommend and/or take other necessary and appropriate precautions to ensure the smoke detection devices were in proper working condition; C. failing to maintain a safe and habitable premises; d. failing to take all precautions necessary under the circumstances to safeguard the premises from risk of fire; e, failing to ensure the safety of the premises from the risk of fire through the lease agreement with tenants; f. failing to contact the proper authorities or others after observing a smoke condition in the subject premises; g. failing to take necessary and appropriate precautions to warn tenants, neighbors and/or others of a possible fire after observing the smoke condition; h. leasing to tenants who carelessly and improperly disposed of smoking material at the subject premises, which the defendant knew or should have known created an unreasonable risk of harm to the subject premises and others; i. allowing tenants to smoke materials in an area that was inappropriate and unsafe for such activities; and j. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 13. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT II- NEGLIGENCE PLAINTIFF vs. REBECCA KREBS 14. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. . 15. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, acting both jointly and severally with the remaining co-defendants as more specifically described as follows: a. improperly disposing of a smoking material at the subject premises which defendant knew or should have known created an unreasonable risk of harm to the subject premises; b. failing to inspect and/or test smoke detection devices in the subject premises; C. failing to take all precautions necessary under the circumstances to safeguard the premises from the risk of fire; d. failing to make sure the smoking material was not still smoldering before it came into contact with another combustible; e. failing to notify the proper authorities of a possible fire in the subject premises; and f. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 16. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess. of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT III- NEGLIGENCE PLAINTIFF vs. DEVIN BREWER 17. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 18. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant, acting both jointly and severally with the remaining co-defendants as more specifically described as follows: a. improperly disposing of a smoking material at the subject premises which defendant knew or should have known created an unreasonable risk of harm to the subject premises; b. failing to inspect and/or test smoke detection devices in the subject premises; C. failing to take all precautions necessary under the circumstances to safeguard the premises from the risk of fire; d. failing to make sure the smoking material was not still smoldering before it came into contact with another combustible; and e. otherwise failing to use due care under the circumstances in ways that may be further revealed during the course of discovery. 19. As a direct and proximate result of the negligence and carelessness of Defendant, Plaintiff sustained and incurred damage to her real and personal property, as well as the imposition of additional expenses and hardships, in an amount in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, damages for interference with enjoyment of real property, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HORST, LLC l BY:' ARD J. D, JR., ESQUIRE -' ATTORNEYS FOR PLAINTIFF VERIFICATION I, Francis Guillemette, do hereby state that I am a representative for Erie Insurance Group in the within action, and as such do hereby verify that the statements made in the foregoing 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 penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. FRANCIS GUILLEMETTE Dated: G??1 CL V 1: i e i 00 0 FII. -TFICE OF THEE PRO"I'HICINIOTARY 2009 OCT -2 PM 1= 00 ? a3i3as NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) V. NIKOLAOS SEITZ and REBECCA KREBS and DEVIN BREWER Defeni ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 09-4259 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on June 24, 2009. NELSON LEVINE de LUCA & HORST, LLC BY: ICHARD J. B , JR., SQUIRE ATTORNEYS FOR PLAINTIFFS Dated: October 28, 2009 CA) Qu?t ?? t'??r ? : 4n 2049 90 P:H $to-o' 5o SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant 4?"1p ai 4n+pGrr???+? FILED-CtFFICE THe F? R0 i i "01N NARY Edward L Schorpp Solicitor Kathy Witters vs. Devin Brewer 2009 troy 19 PH 12= 58 Li I Case Number 2009-4259 SHERIFF'S RETURN OF SERVICE 11/10/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Devin Brewer, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 11/16/2009 Dauphin County Return: And now, November 16, 2009 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Devin Brewer the defendant named in the within Complaint and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Per Julie George resident of 1727 Penn Street Harrisburg, PA 17102 the defendant does not live there. SHERIFF COST: $37.44 November 18, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ?q'} Gou.,..,iSnfte She^YC -fe?eos:?it. ii7c. cptfitt Of the'*4vrif r _f Mary Jane Snyder Real Estate Depu • Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania KATHY M WITERS VS County of Dauphin DEVIN BREWER Sheriff s Return No. 2009-T-2898 OTHER COUNTY NO. 094259 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent: search and inquiry for DEVIN BREWER the DEFENDANT named in the within REINSTATED COMPLAINT and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, NOVEMBER 16, 2009. AS PER JULIE GEORGE DEFT DOES NOT LIVE AT THIS ADDRESS Sworn and subscribed to So Answers, before me this 17TH day of November, 2009 ? lc- 11??Al NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County s My Expires Set 1, 2010 Sheriff of D phin County, a. By Deputy i Deputy: B HUNTER Sheriffs Costs: $41.25 11/13/2009 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) v. NIKOLAOS SEITZ and REBECCA KREBS and DEVIN BREWER Defendant(s) ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 09-4259 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on June 24, 2009. NELSON LEV/NE de LUCA & HORST, LLC BY: ICHARD J. D, J ., ESQUIRE ATTORNEYS FOR PLAINTIFFS Dated: November 25, 2009 -~ ~~~~ L~U~ ~;:J P~ ~ ~ 1 I~ i ~ V t' ~ ~ ll. i ,~jU. ov ~~Lf~+ c~ /z~Y ~~~(237 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 KATHY M. WITTERS Plaintiff(s) v. NIKOLAOS SEITZ and REBECCA KREBS and DEVIN BREWER Defen~ ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 09-4~9 ~., = N c~ ~'_ sv cz7 c~.a u. _. ~ -~, .-, ~~~r± ;~ ~< ,~ ;r, .- '~i PRAECIPE TO REINSTATE COMPLAINT -'' TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on June 24, 2009. NELSON LEVINE de LUCA & HORST, LLC .I BY: '~_>_ RICHARD J. BO JR., SQUIRE ATTORNEYS F ~ LAI TIFFS Dated: January 25, 2010 $ID.op p Q AT'N er~* -qya of 3(09 NELSON LI;YINE de LUCA & NORST, LLC ATTORNEYS FOR PLAINTIFF SY: RICHARD J. 80YD, JR., ESQUIRE IDENTIFICATION NQ.: 84035 518'1`OWNSHIP LINE ROAD, SUITE 300 SLUE 8$LL, PA 19422 $ Poplar Street Wvrmtayaburg, PA 17043 PtalntltlCa) Y. NIICOLAOS sEITz 5950 Haatiagtva Commons Enols, PA 17025 and ' xxlrs$ccA xx~las 5950 Huntington Commons li;nola, PA 17025 aad DBVIN 8RE'VYER YO Popbtr street Wormteysburg, PA 17043 COURT OF COMMON PLEAS OF CUMRERI,AND COUNTY CIVIL ACTION NO: 0~ - ~~ ~i{ W { "~° 7it ~t'~~ .: fi _;,,. N ~.,~, '~ ~~ ~ 4 Yvu haw ~ sunti in CAtu1. if you wish to Qelead ngait>s1 tiro Vlahas set ibrth is rho ti~lbwiog pages, you moat tako action widdu tvvvnty C~ days attoe this Qataphtiat and notice an; :trued. by entadmg a wriuat appauanvo persvmtlly or by batomey erd EiinS Ia wtidag with rho Oatat yoar dbtbaaw~ or vbjeedow to the ohe<ms aot nth agahat you.. You aro wacaed that iY you tYil Oo dD so, tba vasa msy protxed etthvut you and a judgment may be anterod agahat you by the GvuR without liutbor aottoo for any moary claimed in rho Cotaplaiat a fbr eay other ehdm of rclietroqueated by rho t'1aittdtP. You may lose mv~y a property or other tights hapottaat to you. YOU SiiOUTA TAKE TH13 PAPER TO YOUR LAWYER AT ONCE. iF YOU D0 NOT IiAV6 A LAWYER OR CANNOT AFFORD ONF., QO TO OK TELEPHONE THE OFFICE S>3t' FORTH BSLOIN TO FIND OUT W1iB1tE YOU CAN ORI' L60AL HELP. IAWYER REFRRRAt. SERVICE, Cumbvtlartd t;oursty Bar Assocfalion 32 9vuth i3edfvtd Street CarflsTe, PA 17U'! 3 ~ a~~ ~~ ~~+~R~ (77 7] 249-3168 ~ ty { ~8 tlli{O~tlt itq (187t aatd ~0 ~ of sdtd tbt~ ri . Ri. dlt7(~._ `... ht l~LSON LBV1N$ de LUCA & HORST, I.LC ATTORNEYS I:OR PLAINTIFF BY: RICHARp J. BOYD, Jli,, ESQUIRE 1DENT'IFICATiON NO.: 84035 518 TOWNSHIP LINE ROAD, SUIT$ 300 BLUE BRLL, PA 194ZZ (ZIS) 358-SiZ2 $ Poplar Street Wormleysbucg, PA 17043 Plain tit'i(s) v. COURT OF COMMON PLEAS 08 CUMBERLAND COUNTY CIVIL ACTION NO: NIKOLAOS SETTZ 5950 Haatington Commons 8nola, PA 170ZS and REBECCA ICRLDS 5950 Hantingtoa Commons Eaola, PA 17025 and DEVIIy BREWER IO Poplar Street Wormleysbarg, PA 17043 t.,~1PU41NT Plaintitl; bi' and through undersigned owsnsel, horeby domaads judgmcnt against deferedants, sad aomptaina against them as kbliows: 1 • Plai::titY, Kathy M. Wittccs, is as adult iadividusl sad was, at all times relovant hcrdo, the owner and occsapant of tha property located at 8 Poplar Strwt, Wormleyaburg, PA 17043. 2. Dcfendant, Nikolaus Seitz (hereinaftrx rcfe:tod to as "3eitz"), is an adult indivlduai and was, at all times nclcvant hcce0o, the owner of the ptvpcrty tocatai at l0 Poplar 5trcet, Worntlcyaburg, PA 17043 (htseinalter the "subject property's attcl resided in the first and third floors of same. 3. Defendant, Rebecca [Cabs {herrina[t~er r+ef«rad to as "Krebs"}, Is an adult Individual and, at all titaea relevant htreto, resided in ap apact<nont located ip the front of the sxond flour of the propearty located at 10 Poplar Street, Worntloysburg, PA 17043. 4. Defendant, Dovin Brewer (h«einafter referred to as "Btorv«" ), is an adult individual and, at all limas relevant hereto, rcalded in an apamnont located in the rear of the second floor of the property located at 10 Poplar Street, Wormleysburg, PA l 70x3. S. On or about January 13, 2008, 3dtz permitted hie tenants to smoke aigardtq in an area that was unsafe for that activity. 6. On or about January I3, 2008, a Ella erupted ou the second floor balcony of the sabjovt property as a result of the Dateless disposal of stnviaag rrtatvtials by vac a all of qio 7, On yr about January 13.2008. Saito, attar arriving at the subjoet prvp«ty betweat 1:OOp.m. and l :30p.m., began to deta:t the odor of burning wood and subseclaoatty searcttcd lris ptemiscs, including the beaemont in which ho observed a smoke condition. 8. On or about January 13.2008, Krebs, alter awakening in hat Apartment at apptoxhnately 2:00 p.m., Irrtmodiaioly began to small staoke; discusacd her suspicions with 5ait$, who informed her that ho was unable to Iveato the neuron of the smaA, and than tvttttnad io her apaTunent to take a shower. 9. None of the defendants called eanergerroy or fire oftiviala or others after smelling smoke or conducted any ttath« irrspoctioAS. i0. The fire, which resulted in extensive damage to Plaintiff a real and petsottal property, as wall as the imposition of additional expenses and hardship besides, was directly and proximately caused by Dcfortdants as is further and more fully described below. COUNT i - NBdii.YGLNC6 Y'LA[NT1FA~. Nuco~A03 SETTZ 11. Flaintiff repeats the allegations set fbtth in the prior paragraphs of this Complaint as though they were set forth at length horrin. 12. Tha aforomontionod damages wcrc the dirt and pwxitnate result oP the ncgligenca and caralossnasa of Dafcndant, individually and/or by end through his tenants, rerttets, occupants, tnsld«tta, lodgers. guests, boarders, and/or servants, more apoclflaaily described as follows; e. I$tiUag to ittspoct and/or taatt smoke deteatIvn devices in the subject 8ro'P~y+ b. tailing to teoomtnond and/or take outer ttaceasary and appropriate pizcautions to onauro the temoke deteattott devise were ip proper working caditlvn; a tailing to tuaintain a safe and habitable premises; d. Failing to take ttll pt+ocatttiona aooessary order the aircumstanccs to eaFagtrard the from dslt of Ctrs . a failing rA.orrauro the ~Y of the pt~cmiaas from the risk of tiro through the lease agroomoat wait resents; . f. failing W contact the proper authorities oc others after observing a smoke aotxiftlon In the subject ptetrtiaes; g. failing to take nocessery sad appropriate precautiotrs to wam tenants, neighbors and/or others of a pa~ssibfe Qua after obaorvittg tiro smoke oonditian; h. 'kasittg to tettanta who carelessly sad itttpooparly disposed of smoki matariat at the subject premises, whibtt fire dcfatdant knew or alaald have ktrown created as uareasoaablc risk of harm to tho subject premises and others: i, allowing teaarrta tq smoke materials in an eras that was inappropriate and unsafe !br such activialos; and j. othav+rise t~iUng tv asv due caro wader the circumataacos In ways that may be tlcrthec revcalod dur'iug the oourse of discovery. 13. As a direct and proximate rosutt of tho negligence and careleasnoss of Defcndaat, Plaintitl'susktinedend Incurred damage to her real and peravaal property, ea well as the imposition of additional aocpenses aad hardships. is an amount !n exeoas ot'aSO,I>D0.00. WHE1:tI:tiORF, Plaintiff raspectRrlly tegttasts Judgment against Defendant, indIvidualty, jointly, abverally and/or otherwise in as amount in exoeas of a5pppQ.00, plus costs incident to this suit, delay damages, damages for intarferoncs~ with ar~oytaant of real Property, and aaorney foes, and for such other relief as this Honorable Court shall doom appropriate under the vlrvumstaaoes. COUiV'P IT NRS~LiG$NCB 14. PlaintitFrepcata the ailegationa sot lbrth in the prior parngraphs of this Complaint as though they wor$ set Fbrtlr at length horeia: , l5. The aforcmcatioaad darnagtia .~ the dirax aad proximwta rrsult of the aegligcnaa aad caudosaness of DCfendant, acting both jointly oad severally with the rvmainiag oo-defendants as more spocitieally desodbed as follows: a. imprvpwiy diapoaittg of a amoldttg material at the subject premises which defendant knew a should taro known vreated as unreasvaable risk of harm to tiro sabjoct prorufaea; 6. failing tv iraipoct and/or test smoke dotoctioa devices in the sabjcet prwnises; c. failing to take aA procamlons necessary under the circumstances to safoguaM the pranciscs from the risk of tire; d. fail'trcg to make sure the sauvking material was net adtl smoldering before it came into. contact with anothor ootnbustible; o. failing to notify tba proper authorities of a possible tirc in the subject premiers; and t: otherwiso failing to usa due caro urtda~ the circumstances in ways that may be tiuthar raveaiod during the course of discovery. 16. Ace a diroat acrd proximate raitrlt of the rcvgliganca and oaralessaoss of Defendant, Plaintiff sustained and incurrod damage to her cea! and personal property, as well as the imposition of additional axpcnscs and hardships, in an amount in access, oY 550,000.00. WHE[iF.Ft?RE, Piadtttiff respoatfaliy cequcsis judgment against Defendant, individual{y, jointly, severally and(or otbetwlso la an amount in exca5s vP SS0,000.00, plus costs incident to this suit, delay damages, dacuagas for infArFa~once wiW ocljaya~ast of real pcopaty, and attorney teas, and for such other rrliaf as this Hono:abia Court shad deem appropriate under the cirawanstancca. COUNT YIi<- I~LIt3tfttYC& ~Al1QTIFF va. DS~YTI~ WISH i7. PiaiatitFropaats lira aliogations not tbcth is the prior paragcapbs of this Complaint as though thcy was eat forth at length herein. 18. The aforanoMioncd dautagos were the direct aced prmcimato t~csutt of the negiigarca and caralcssnass of Defendart, acting both jointly and sovaaAy with the rocnaiaing co-dafandaats a: morn speaificaity dtoorii~od as foitows: a. improperly disposing of a smoking utatertat at the subject promises which dafatdant know or should bane known a~eatad an wareasonabia risk of barua ao Wa sabjeot promises; b. failing to inspect and/or cast amOkC detection devices in the subject premises; c. ~i{ing W take all precautions nevessary under the cittxttttatanees to aafaguard the praatiaes firota the risk of fare; d. mailing to make sure the smoking material was not still smoldering before it coma into Contact with another eombustibie; and c, otherwise ikiliag to use due eats under the circumstances in ways that may be further rovcalod during the ovurao of discovCry. 19. As a direct and pmurmatc result oP the negligence and camlossness of Defendant, Piaintifff austainad and iacurnai damage to her coal and paraottal property, as well as the imposition of additional oxptatsos and hardships, Tn an amount in axoess of 550,000.00. W>EY$RSFORE, Plaintiff respoottully requests judgment against Defendant, individually, jointly, severalty and/or otherwise ht as amount in ext:ess of SS0,000.00, plus Costs it~ident to tide suit, delay darttagea, damages for interforenco with o~oyraettt of real property, and attorney fans, and for such other rolief as this Honorable Court shall dcau appropriate under the Circucns~rcos. NSL3VN LBPINE de LUCA & HORST, LGC fiY:~ • RD J. . JR., &SQUittE L'' ATi'ORN sFY5 POR PI,AA~TI'iFP i. Francis Cruiltematta, do hereby stela that I am a tatative for aria insurance (3tvup in the within action. acid as such do horeby verify that the statoments made in the Foregoing t.,otnpiaint arc true and correct to the host of my knowkdgo, information and baiiof. Tho undotsignod understands that tho statements therein are made aubjoct to penalties of l8 i'a.C.3. ~ 4404 relating to unsworn thlsification to authorities. /~~ FRANCIS (}tJ[LLBMBTT'E Datod: ~ ~~ T :{ ro 4 1 ~~ NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215)358-5122 KATHY M. WITTERS Plaintiff(s) v. NIKOLAOS SEITZ and REBECCA KREBS and DEVIN BREWER ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 09-4259 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with regard to the above captioned matter, the original of which was filed on June 24, 2009. NELSON LEVINE de LUCA & HORST, LLC i BY: RICHARD J. B Y , JR., E QUIRE ATTORNEYS F PLAINTIFFS Dated: February 23, 2010 ~. Q -+- L•:J ~~ `T d ~,~ ~_ - ~-= x381 b ~. 1-- a: ~~Ll C1. M~; ~ ~ - r., v