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Home My WebLink About09-8860 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, ) CIVIL DIVISION, ARBITRATION subrogee of KATHRYN DODGE, ) AND STATUTORY APPEALS ONLY Plaintiff, ) ISSUE NO. vs. ) TYPE OF PLEADING: Complaint in Civil Action TRI-COUNTY HDC, LIMITED, ) CODE: Defendant. ) FILED ON BEHALF OF: Plaintiff, Erie Insurance Exchange, subrogee of Kathryn Dodge COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis Pa. I.D. #00501 rjdr)ddapc.com Reed James Davis Pa. I.D. #64343 DAVIS DAVIS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 F:\DOCS\21151\090114\09121801.COM lad 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee of KATHRYN DODGE, CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff ) vs. ) TRI-COUNTY HDC, LIMITED, ) Defendant. 1 No.. 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee of KATHRYN DODGE, Plaintiff ) vs. ) TRI-COUNTY HDC, LIMITED, ) Defendant. ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY No.. COMPLAINT IN CIVIL ACTION AND NOW comes the Plaintiff, Erie Insurance Exchange, subrogee of Kathryn Dodge, by and through its counsel, Davis Davis Attorneys, a professional corporation, and Reed J. Davis, Esquire, and makes this Complaint against the named Defendant as follows: 1. Plaintiff is a corporation duly authorized to do business in the Commonwealth of Pennsylvania and has and maintains one of its offices at 307 South Sporting Hill Road, Mechanicsburg, Pennsylvania 17050-9338; hereinafter "Erie." 2. Kathryn Dodge is an adult individual whose last known residence is 225 Pennsylvania Avenue, Enola, Pennsylvania 17025; hereinafter referred to as "Dodge." 3. Tri-County HDC, Limited has a last known address of 1514 Derry Street, Harrisburg, Pennsylvania 17104; hereinafter referred to as "Defendant." 4. At all times pertinent to the within action, Dodge's residence was covered by insurance with Plaintiff. 5. The Defendant was and is in the business of purchasing and rehabilitating residential dwellings and thereafter selling them. 6. On or about April 18, 2008, the Defendant sold the property known and numbered as 225 Pennsylvania Avenue, Enola, Pennsylvania, to Plaintiff's insured, Kathryn Dodge, representing and warranting that the dwelling had been properly rehabilitated and repaired. 7. On or about October 25, 2008, while Dodge was away from home, the property was visited by her son-in-law who discovered water leaking from the second floor bathroom causing substantial structural and building damage as well as damage to personal property of Dodge. 8. The water was leaking from a pipe that had broken or come apart due to defective materials and/or installation. 9. The damage incurred by Dodge was caused the Defendant's selling a residence in a defective condition. 10. Due to the water damage, Dodge incurred a loss in the amount of $15,667.49, which loss was paid by Plaintiff herein, thereby entitling Plaintiff to be subrogated to the rights of Dodge in accordance with the terms of the policy and under the common law. WHEREFORE, Plaintiff Erie Insurance Exchange, subrogee of Kathryn Dodge, claims damages of the Defendant in the amount of $15,667.49 with costs of suit. DAVIS DAVIS ATTORNEYS a professional corporation By: Reed J. Davis, Esquire PA I.D. #00501 Attorney for Plaintiff 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 dAQddanc com VERIFICATION I, Reed J. Davis, Esquire, state that I am not a party to the action but that at the request of the Plaintiff, and based upon knowledge, information, records, and documents supplied to me by the Plaintiff, the averments set forth in the foregoing Complaint are true. A Verification executed by Plaintiff can be supplied at time of trial or upon request. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Z Reed J. avis, Esquire 0 Li9 UAL 29 bAi! i^r ! i *ga.w pa A1rq e a3550( SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor CU!trt?wr?'?'?' dv ?:tuV3Y PENT ' SYLVANA Erie Insurance Exchange vs. Tri-County HDC, Limited Case Number 2009-8860 SHERIFF'S RETURN OF SERVICE 12/30/2009 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: Tri-County HDC, Limited, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 01/05/2010 09:30 AM - Dauphin County Return: And now January 5, 2010 at 0930 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Tri-County HDC, Limited by making known unto Raymond Spencer, Executive Director at 1514 Derry Street, Harrisburg, PA 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 FILED-Grr CE {1F TI-'sE FF7Tfa?1?TA?Y 2010 JAN -S AM 9: 04 SO ANSWERS, January 07, 2010 ,. BONN R ANDERSON, SHERIFF ;Iijct of the '*h' Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Ak Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy ERIE INSURANCE EXCHANGE VS TRI-COUNTY HDC, LIMITED Sheriff s Return No. 2010-T-0013 OTHER COUNTY NO. 20098860 And now: JANUARY 5, 2010 at 9:30:00 AM served the within COMPLAINT upon TRI-COUNTY HDC, LIMITED by personally handing to RAYMOND SPENCER 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 1514 DERRY STREET HARRISBURG PA 17104 EXE DIRECTOR Sworn and subscribed to before me this 6TH day of January, 2010 So Answers, A7??4/ NOTARIAL SEAL F JANE SNYDER, Notary Public ighspire, Dauphin County mmission Expires Set 1, 2010 Sheriff of "au r>< 6 o ° ; -Pa ?----- . ??. By Deputy Sheriff Deputy: KEVIN MARTIN Sheriffs Costs: $41.25 1/4/2010 In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Exchange vs. Tri-County HDC, Limted 1514 Derry Street Harrisburg, PA 17104 Civil No. 2009-8860 Now, December 30, 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, the contents thereof. Sworn and subscribed before me this day of 120 20 , at o'clock M, served the :?neritt of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Erie Insurance Exchange, subrogee of Kathryn Dodge Plaintiff NO.8860 , 20M- C a VS. ?= Cn CA) Tri-County HDC, Limited r?--b- RULE 1312-1 Defendant C-) _01 "I C= The Petition for Appointment of Arbitrators shall be substantially in t c Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Reed J. Davis, Esq. counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 15,667.49 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. pe lly su Z ORDER tted OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. O -n C? t. ? Gr*$ ay. oo Pa A* Ck?S°18BS? ??as7sa? 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Erie Insurance Exchange, subrogee of Kathryn Dodge Plaintiff NO.8860 20M" , C cz3 VS. =M :no Tri-County HDC, Limited "`p - RULE 1312-1 Defendant > C? The Petition for Appointment of Arbitrators shall be substantially in t C Following fonn: c-1 CD PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Reed J. Davis, Esq. counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S 15,667.49 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. pe lly sub 'tted G ORDER OF COURT CD 1,7 G `r"t ?W ams)y.oboAQI. Ck*5qm *'QS ) AND NOW, 0_Lo _L / I 20(1/ in consideration of the foregoing petition, S?? ?jyL?gJ Esq., and Esq., and Esq., are appointed arbitrators in th e .0. rn .0 rn captioned action (or actions) as prayed for. ao -nf- -G (_-j ca By the C < -p ?-rn G C) -q DC wn /Kevin A. Hess, P.J. ? r*j C ' its . ?aeks, F? DUIS A+4S ERIE INSURANCE EXCHANGE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 09-8860 CIVIL TRI-COUNTY HDC, LIMITED Defendant ORDER AND NOW, this 2 8 ` day of June, 2011, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Samuel L. Andes, Esquire, Chairman, shall be paid the sum of $75.00. BY THE COURT, /_1A nevi A. Hess, P. J. v' Samuel L. Andes, Esquire Court Administrator :rlm ('Op;P_s Mc,, 1,,a' 41,;[ g-/// get c w rn _M - m v co " ?-n =? of ?M N ?' Of - THE IPROTIH??"* 10 T!? ?0 11 JUL 25 PH 3: U i CUMB ERLAND COUPi'j- y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE subrogee of KATHRYN DODGE, CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY Plaintiff, vs. TRI-COUNTY HDC, LIMITED, Defendant. NO.: 2009-8860 ISSUE NO. TYPE OF PLEADING: Praecipe to Settle and Discontinue CODE: FILED ON BEHALF OF: Plaintiff, ERIE INSURANCE EXCHANGE subrogee of KATHRYN DODGE COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis Pa. I.D. #00501 Reed James Davis Pa. I.D. #64343 DAVIS DAVIS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 21151\090114\11061601.5&D lad IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE subrogee of KATHRYN DODGE, Plaintiff, vs. TRI-COUNTY HDC, LIMITED, Defendant. CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO: 2009-8860 PRAECIPE TO SETTLE AND DISCONTINUE TO: Prothonotary SIR: Please settle and discontinue the above-captioned action as to Defendant, TRI-COUNTY HDC, LIMITED, and mark the docket accordingly. I hereby certify that the foregoing is a true and correct statement of the above case. This statement is made subject to the penalties of 18 PA.C.S. 4904 relating to unsworn falsifications to authorities. DAVIS DAVIS ATTORNEYS a profe i U1 corporation f By: eed . Davis Attorney for Plaintiff 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400