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Home My WebLink About10-0321FTILESiClients\3050 Donega1\Cmrent\581\3050.58 Lcomplaint Created: 1129i03 8:35AM Revised: 1,1 1/10 2:24PM 3050.581 FILEI:?-ICE T « :_ f ;fir. ; ? I{1 IIO f APY George B. Faller, Jr., Esquire 2010 JAN 12 PH 1' 42 I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ni}` MARTSON LAW OFFICES rLEN `,` y;r> 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs ROBERT APPLETON and IN THE COURT OF COMMON PLEAS OF KATHERINE APPLETON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO. 10 - SA 1 Ter M CIVIL ACTION-LAW S&A HOMES, INC., Defendant. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 444.oo P0 A17Y ct'# aaoso ex* awlcoa George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs ROBERT APPLETON and IN THE COURT OF COMMON PLEAS OF KATHERINE APPLETON, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO.q- V. CIVIL ACTION-LAW S&A HOMES, INC., Defendant. COMPLAINT 1. Plaintiffs, Robert Appleton and Katherine Appleton, husband and wife, are adult individuals residing at 7 Rowan Court, Gettysburg, Adams County, Pennsylvania 17325. 2. Defendant, S&A Homes, Inc., is a Pennsylvania corporation with a place of business located at 1060 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. In November 2008, the Defendant was involved in the construction of a new home next door to Plaintiffs' property. 4. In the early morning hours of November 19, 2008, a fire broke out at the property adjacent to the Plaintiffs' property and completely destroyed the home which was under construction by the Defendant. 5. The home which was under construction was under the exclusive care and control of the Defendant. 6. In the early morning hours of November 19, 2008, a propane heater was left running in the garage area of the construction project and an electric heater was running in the living room/dining room area of the construction project. 7. The occurrence of a fire, such as the one that destroyed the property under the control of the Defendant, is an event that does not ordinarily happen in the absence of negligence. 8. As the result of the fire at the property adjoining the Plaintiffs, the Plaintiffs' real estate was damaged. 9. As a direct and proximate result of the fire at the adjoining property, Plaintiffs' home sustained: (a) damage to the siding; (b) seven (7) double hung windows were replaced; (c) five (5) sets of shutters were replaced; and, (d) some landscaping lights. 10. The monetary cost for the damage to the Plaintiffs' property was $15,036.08. A true and correct copy of the invoice is attached hereto as Exhibit "A." 11. On the morning of the fire on November 19, 2008, Mrs. Appleton was advised by an S&A Homes, Inc., representative that they would "take care of everything." 12. Despite repeated demand for payment, the Defendant S&A Homes, Inc., has not taken care of everything. 13. The fire in question occurred as the result of the negligence, recklessness, and carelessness of the Defendant in leaving unattended heaters in the unoccupied dwelling. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $15,036.08, which is an amount less than that required for arbitration. MARTSON LAW OFFICES By George aller, Jr., Esq re I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: January 11, 2010 Attorneys for Plaintiff Insured: ROBERT AND KATHERINE APPLETON Property: 7 ROWNA COURT GETTYSBURG, PA 17325 Claim Rep.: Jim Coant Title: Field Claims Adjuster Company: Donegal Mutual Insurance Business: 1195 River Road Marietta, PA 17547 Estimator: Jim Coant Title: Field Claims Adjuster Company: Donegal Mutual Insurance Business: 1195 River Road Marietta, PA 17547 Claim Number. HPA-PA-01-08- Policy Number: HPA-5041195 0060076 Coverage Dwelling Other Structures Contents Date Contacted: 12/8/2008 Date of Loss: 11/19/2008 Date Inspected: 12/8/2008 Price List: PAHA5B8D Restoration/Service/Remodel Estimate: 2008-12-09-1528 Business: (717) 701-8873 Business: (717) 701-8873 Type of Lou: Fine Deductible Policy Limit S250.00 S331,000.00 50.00 533,100.00 50.00 S231,700.00 Date Received: 12/9/2008 Date Entered: 12/9/2008 3:28 PM Exhibit "A" 2008-12-09-1528 2008-12409-1528 DESCRIPTION QUANTITY UNIT COST RCV DEPREC. ACV R&R Siding - vinyl 1,394.00 SF 3.18 4,432.92 (600.12) 3,832.80 R&R Tyvek* 1,394.00 SF 0.50 697.00 (39.03) 657.97 R&R Shutters - simulated wood 5.OOEA 82.61 413.05 (39.13) 373.92 (polystyrene) Detach & Reset Gutter / downspout - 36.00 LF 2.74 98.64 (0.00) 98.64 aluminum - up to 5" R&R Soffit - vinyl 200.00 SF 3.79 758.00 (107.40) 650.60 R&R Aluminum window, horiz. 7.OOEA 384.96 2,694.72 (258.45) 2,436.27 slider 12-23 sf (2 pane) Single axle dump truck - per load - 1.00 EA 221.97 221.97 (0.00) 221.97 including dump fees General Laborer - per hour 8.00 HR 27.66 221.28 (0.00) 221.28 POST CONSTRUCTION CLEAN UP. Drywall Installer / Finisher - per hour 10.00 HR 53.67 536.70 (53.67) 483.03 TIME AND MATERIALS TO REPAIR DRYWALL WHEN WINDOWS ARE REPLACED. Painter - per hour 16.00 HR 48.48 775.68 (155.14) 620.54 TIME AND MATERIALS TO PAINT AFTER WINDOWS ARE REPLACED. Scaffolding Setup & Take down - per 8.00 HR 27.66 221.28 (0.00) 221.28 hour R&RBasement/cellar/bulkhead door- 1.OOEA 1,175.26 1,175.26 (107.07) 1,068.19 steel - N x N Total: 2008-12-09-1528 12,246.50 1,360.01 10,886.49 Line Item Totals: 2008-12-09-1528 12,246.50 1,360.01 10,886.49 Grand Total Areas: 0.00 SF Walls 0.00 SF Ceiling 0.00 SF Walls and Ceiling 0.00 SF Floor 0.00 SY Flooring 0.00 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 0.00 LF Ceil. Perimeter 0.00 Floor Area 0.00 Total Area 0.00 Interior Wall Area 0.00 Exterior Wall Area 0.00 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length 2008-12-09-1528 1/8/2009 Page: 2 Coverage Amount % Grand Total % Dwelling 12,246.50 100.00% 13,361.41 100.00% Other Structures 0.00 0.000/0 0.00 0.000/0 Contents 0.00 0.000/0 0.00 0.000/0 Total 12,246.50 100.00% 13,361.41 100.00% 2008-12-09-1528 1/8/2009 Page:3 Line Item Total Material Sales Tax @ Subtotal Overhead @ Profit @ Replacement Cost Value Less Depreciation Actual Cash Value Less Deductible Net Claim Total Recoverable Depreciation Net Claim if Depredation Is Recovered 2008-12-09-1528 Summary for Dwelling 6.000% x 4,725.98 10.0% x 12,530.06 10.00/0 x 12,530.06 Jim Coant Field Claims Adjuster 12,246.50 283.56 12,530.06 1,253.01 1,253.01 $15,036.08 (1,674.67) $13,361.41 (250.00) $13,111.41 1,674.67 $14,786.08 1/8/2009 Page:4 Recap by Room Estimate: 2008-12-09-1528 12,246.50 100.00% ' 12,246.50 100.00% Coverage: Dwelling Subtotal of Areas 12,246.50 Coverage: Dwelling 100.00% 12,246.50 Total 12,246.50 100.00% 100.00% 2008-12-09-1528 1/8/2009 Page:5 Recap by Category with Depreciation RCV Deprec. ACV O&P Items 29 1,239.29 1,239. GENERAL DEMOLITION @ 100.000% = 1,239.29 Coverage: Dwelling 1,070.74 107.07 963.67 DOORS Coverage: Dwelling @ 100.00% 1,070.74 67 53 483.03 536.70 . DRYWALL Coverage: Dwelling @ 100.00% _ 536.70 39 03 351.29 39032 . INSULATION Coverage: Dwelling @ 100.00% = 390.32 28 221 221.28 . LABOR ONLY @ 100.00% = 221.28 Coverage: Dwelling 775.68 155,14 620.54 PAINTING @ 100.000/0 = 775.68 Coverage: Dwelling 221.28 221.28 SCAFFOLDING @ 100.00% _ 22128 Coverage: Dwelling 4,392.03 639.25 3,752.78 SIDING Coverage: Dwelling @ 100.00% = 4,392.03 40 107 707.24 FASCIA, & GUTTER SOFFIT 814.64 . , Coverage: Dwelling @ 100.00% = 814.64 2,584.54 258.45 2,326.09 WINDOWS - ALUMINUM @ 100.000/0 = 2,584.54 Coverage: Dwelling 12,246.50 1,360.01 10,886.49 Subtotal @ 6.000% 283.56 35.54 248.02% Material Sales Tax 10.00% 1,253.01 139.56 1,113.45 Overhead @ 10.000/0 1,253.01 139.56 1,113.45 Profit 15,036.08 1,674.67 13,361.41 O&P Items Subtotal 1/8/2009 Page:6 2008-12-09-1528 VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to our counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, we may be subject to criminal penalties. Robert Appleton Katherine Appleton F'TILES\Chcnts\3050 Done9al\Curtent\581\3050.581 complaint SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~tiotr of iaantrrr/,T~~ ~~- F1Lf~U-~u~ a=SCE ~Q ~ Q .~n (J~ F~i~ ~~~ ~J ~i Ci~..'~'v`o_ 'v~i~'' Robert Appleton Case Number vs. S & A Homes, Inc. 2010-321 SHERIFF'S RETURN OF SERVICE 01/14/2010 02:14 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2010 at 1414 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: S & A Homes, Inc., by making known unto Randy Brewbaker, New Home Sales Consultant at 1060 Trindle Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $32.94 January 14, 2010 SO ANSWERS, O Y R ANDERSON, SHERIFF: +; Deputy Shariff r Cai _ ~~ ilU 5h ''t. T¢ ebs ,,-t. InC ROMANDO TUCKER ZIRULNIK & SHERLOCK John D. Kearney, Esquire IDENTIFICATION NO.: 44207 United Plaza 30 S. 17th Street, Suite 1730 Philadelphia, PA 19103-4008 (215) 640-3115; (215) 563-1410 fax Attorney for Defendant, S&A Homes, Inc. ~1_4~.~..( ~i~ .ii.. 2~IU~1{6 [-~ ~7{ J' ~i~~ - ~. '' ~: ~ ! `r ROBERT APPLETON and KATHERINE APPLETON Plaintiffs v. S&A HOMES, INC. Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: IO-321 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my Appearance on behalf of defendant, S&A Homes, Inc., in the above-captioned case. ROMANDO TUCKER ZIRULNIK & SHERLOCK J D. KEARNE , A rney for Defendant DEMAND FOR JUP.Y TRIAL TO THE PROTHONOTARY: Defendant, S&A Homes, Inc., demands a jury trial consisting of twelve (12) members, in the above-captioned matter. ROMANDO TUCKER „ ~ . J D. KEARNEY,~ • y for Defendant ULNIK & SHERLOCK of c UM David 1R Buell Q Renee Simpson Prothonotary � y 1St Deputy Prothonotary �.l ferny z t �irkS. Sohonage, ESQ ', Irene E. Morrow Solicitor 7750 211d Deputy Prothonotary Office of the Prothonotary Cumberland County, cpennsylvania f — 03,2s1 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, (PA 17013 • (717)240-6195 • Ea., (717)240-6573