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HomeMy WebLinkAbout10-1717F:\FILES\F rm\DKD\wingfield\wingfield.cv.complaintl Created: 9/20/04 0:06PM Revised: 3/8/10 11:1 I AM PIIED-t; - 1C? Daniel K. Deardorff, Esquire )P THE PR M,, yC}jARY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 2010 MAR 0 Aid 10: 20 I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BONNIE WINGFIELD, Plaintiff v. CUMBERLAND VALLEY TREE SERVICE, INC., Defendant CUP ??' Iurra ; Ju ? Fr ^r l^v J ?1 i'1 `1',A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 017 C wl f : CIVIL ACTION - LAW 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 OFS MARTSON LAW ?-, By Daniel K. Deardorff, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 g ?? O6 /' d y Date: 31 to 10 Attorneys for Plaintiff G .x3 fr 70a Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BONNIE WINGFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ?? 17 17 CIVIL ACTION - LAW CUMBERLAND VALLEY TREE SERVICE, INC., Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Bonnie Wingfield is an adult individual who resides at 1300 Stratford Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Cumberland Valley Tree Service, Inc., is a corporate entity with offices, c/o Fred Schrom, at 414 Heisers Lane, Carlisle, Cumberland County, Pennsylvania 17015. 3. On or about Tuesday, July 28, 2009, Defendant, through its employees and agents were excavating on the neighboring property of Plaintiff to remove some trees for Plaintiffs neighbor. 4. During the excavation, Defendant, through its employees and agents made contact with a Comcast cable/electric line. 5. Because of this contact, the cable/electric line was damaged and caused Plaintiff to lose TV service, telephone service, and internet service for approximately two weeks. 6. Because of the above actions of Defendant a power surge was caused in the electric line running into Plaintiff's property, which created a malfunction in her washing machine. As a result of this malfunction, the washing machine overflowed and caused water damage along with the need to be replaced. 7. As a result of the above activities of Defendant, Plaintiff's yard had to be dug up to determine the cause of the problem. 8. Defendant, through its employees and agents, was negligent in failing to check the location of these underground lines on the neighbor's property and failing to call the appropriate authorities to determine the location of said lines. 9. There were no other activities going on in the neighborhood at this time which could account for the above losses to Plaintiff. 10. As a result of the negligence and carelessness of Defendant, Plaintiff was forced to purchase a new washing machine at a cost of $599.00, plus tax, incurred the cost to repair water damaged areas as a result of the overflowing washing machine in the amount of $185.00, and did not have the use of her cable, internet and phone service, for which she paid $125.42. 11. A copy of the invoices for the above damages are attached hereto as Exhibit "A." 11. Plaintiff was also inconvenienced and suffered emotional distress as a result of the above negligence and carelessness of Defendant. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $945.36, plus docket costs and sheriffs fee to file this action, which are within the limits requiring compulsory arbitration. Respectfully Submitted, MARTSON LAW OFFICES gy JIVC, Daniel K. Deardorff, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: `311 O l I o Exti,b; t k TANGERS APPLIANCE 1456 TRINDLE RD CARLISLE, PA 17013 BATCH: 036 S-A-L-E-S D-R-A-F-T 71389999 322135700272 REF; 0002 CD TYPE: DISCOVER TR TYPE: PURCHASE DATE: AUG 06, 09 16:48:35 TOTAL $634.94 ACCT: ************0302 EXP: AN 006032 NAME: BONNIE B WINGFIELD CARDMEMBER ACKNOWLEDGES RECEIPT OF GOODS AND/OR SERVICES IN THE AMOUNT OF THE TOTAL SHOWN HEREON AND AGREES TO PERFORM THE OBLIGATIONS SET FORTH BY THE CARDMEMBER'S AGREEMENT WITH THE ISSUER THANK YOU. CUSTOMER COPY I 1 -6337 I SOLD BY I RECEIVED BY TOTAL , f (- 4 3 All claims and returned goods Thank Youl - q MUST be accompanied by this bill. 1 PRODUCT 2530 C EXHIBIT'A° F M S834- 3A CHG SUC ' rA 06/12/09^ 11AM-130PM 2 q 1300 STRATFORD DR CARLISLE PA 17013 BONNIE WINGFIELD 71724SO240 0954736$00701 8Uu 06/02/09 16:00 comcast 3 CHANGE OF SERVICE AO SAME AO SAME INSTALL CDV PORTED INSTALL INS MODEM 4* p7172450240 embarq no alarm contact 7172496337 dig starter 3-0 /1 6m b rent modem M E N S !B 1 EMTA CHARGE S 9. 1 6mb HIT E @1 1 CDV A.PTIVATION V @7 1 CDV PORTeb # I @M 1 CDV INSTALL E AO 2 ADDL OUTLET S 19 2 INSTALL AO SAME ^J 1 HD B o x ^M i B-DIG S R Al -UI CH!- WP 3.00 0.00 29.. 95 0.00 49.95 0. 00 35.. 50 0.00 46-.99 F Sched Are435307 Node # PS # Amp # 353 F/A #rT93007 Tag #)OOOOOOppO( New Tag # 0(6 ( COMC'AST HARRISBURG/HERSHEY/C :Lt4LE AON XCustom Work A/O's X TPO X Addl Out Chrgs Need Follow upf -tstom Work per/tech $33.80 X hrs Yes / Relo Jbr ? L toms Commercial Rpl Int X RA X Change to Order? Y6 No ' (. V IN : ICBNFIRF484M (1_ / 3 . _ II IIIIIIIIIIIIRIIIIIINNI?ill 1 - 7- EUC : oo,61N "1IA . 2 (Circle RetrTrs) III1IIII?IIII1IIIII11II wHgme Certification Leves Yes No signal l ed / 0 O`? .(, ?? Perform -- CO 1 3 / ?- - ?- '~ - 9- CMIAC : MOCHCAIIS Location: Ch78 4 10- II IIII?IIIIIHIIIIIII?I Custom Drilling iscussed Yes / No C?71 6 S- Plan D 12_ NrA-MC: Customer Ch. IIIIIil?lllliillllllll?llllll Initials: OTG Duel s / No Upstream Technician 1D.* ' Ime < Departure Time Date: Customer Signature. : , 3y signing above, I represent t t I -m at least 18 years old; I am thvliner of, or tenant in the premises at the above address and that the installation, repair or ether work provided has been satisfactorily completed. If this Work relates to the initial installation of services, I aduawledgo receipt of Comcast's Welcome <it(s) which contain the Comcast subscriber agreement(s), the Com st subscriber privacy notice(s) and other important informatan about the service(s). I agree to ?e bound by the Comcast subscriber agreement(s) which constitute the agreement(s) between Comcast and me for the service(s). If other non-installa?on work was )rovided, I agree to continue to be bound by the current Comcast subscriber agreement(s). I authorize Comcast to obtain a credit report from a consumer credit agency in connection with the provision of the service(s) I am receiving. IF I SUBSCRIBE TO COMCAST DIGITAL VOICE, I ACKNOWLEDGE MY RECEIPT AND 14DERSTMDING OF THE WM NOTICE ON THE BACK. TW CHN SIK (CDV,. Dig X / qVR`. X CC X ACCOUNT DATE TOTAL comcast® NUMBER DUE AMOUNTDUE Vlsff us on the *vb at 09547 368007-01-4 09/07/09 $125.42 J i niicates the comcaat senices you subscribe to BONNIE WINGFIELD For service at: 1300 STRATFORD DR CARLISLE PA 17013-3566 How to reach us... How to reach us: 339 Baltimore Rd. Shippiinsburg,PA 17257 717-2434918or 800-9956545 Telephone Customer Service 24 hours a day, seven days a week News from Comcast You are enrolled in the Comcast Auto Debit Program. The total amount due will be deducted from your account on the 7th. Thank you for your prompt payment. For your convenience, we now accept regular and automatic monthly credit card payments and direct debit. Hearing / Speech Impaired CaN 711 Tony Stewart, Jeff Gordon, Jimmie Johnson, Ryan Newman, Kyle Busch and many more of your favorite drivers will be skiddin' and slidin' at the legendary Eldora Speedway with bragging rights on the line. Auto Racing: Prelude/Dream Stewart & Gordon live on Wednesday, September 9th beginning at 7:00 pm. A Countdown Show will precede the live event at 6:30 pm. Order with your remotel COMCAST CABLE CCOMCaSt. LEEBBANO PA R17046-8317 #BWNMZNH #PIEDGCFHPPGPAO# AV 01 013802 96621 B 36 A"5D4T 11 11111 BONNIE WINGFIELD 1300 STRATFORD DR CARLISLE PA 17013-3566 Summary of charges stsdanertt Prepared M4109 Billed frow 08/ZS/09 to 09122MO Previous Balance 136.58 Payments (received by 08114/09) 136.58 cr Comcast Bundled Services _ 114.99 Comcast Cable Television _ 0.00 ON DEMAND / Pay Per View _ 0.00 Comcast High Speed Internet 0.00 Comcast Digital Voice _ 3.00 Taxes, Surcharges & Fees 7.43 Total Due $125.42 13etail of Charges on back Please detach and enclose this oDupon with your payment. Do not send cash. Ms ke i 4t cks paysdtls Ic : COMCAST CABLE Dade Due Tood Amout Due AMOUNT 09/07/09 $125.42 $ 000.09409-D-C Account Number 09547 388007-01-4 IIIIIII'lll'I+11111111"'I'I'I'lllll++l''III+I+III+i'IIII+II'ill+'I' COMCAST CABLE P 0 BOX 3005 SOUTHEASTERN PA 19396-3006 09547 368007 01 4 8 012542 Pap No. Of ¢ • fro 01#V , HOWLAND PAIN" WALLPAPER SHIPPFN Y 17257 (71 DAM STREET 41A, s k4 Wog d - f es ..? crn/, srATE and BO COOS , •.. ? 4 WfJ1710M t 1 s AFCHff T QATE Pulls JO*PFl01r ` we harrab9 Md11N sped"" M M loft ; 00 f? l 1 h • at Prippott hereby to furnish material and labor - complete in dance, with above specMcations, for the sum ot. ) g l ? ? 85as ,. j,,. (: tv -c- ke. c l-e Ocu Payment to be made as MOVINK AI matalW M EuaM*od b be a. opaoNI M work to ba OCIMMMd in a MefMllNika Audwized rrwawr aooadYq 1D aMndsld Imam Any aONa 1 or dwislon lion d a , fpaoMealloir ? irwolryp pia ooaM we be swouled G* ? weNMn aMNa, and wM baoonat an "" drpa am OW atanra ela SIMM M * aEaMnNMa op?pwe upon 8MI aocldNMa NOW .....? k-...d m maid owner b CMw *% lfmado and a" naoooar- k"UraIII ..OhMmm TMnei a P.e h d= d ftft our wo*M NO"ONv a by Wbrk"l'a COMPMOaran MNEWM AertPtAttrt of PtOPO all-The above prices, speoificafions and cw d&ns are satisfactory and am Nnby. wN be made accepted. U above. authorized ftnuh" to do the work as specified. Payment Dets of Aoceptarwe: So /, VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I 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 I make knowingly false averments, I may be subject to criminal penalties. -' - X" I Bonnie Wingfield SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~"t`' o~ ~ ~i,nbec4~,~b v ice,, ~,~ ;~•: ~. Edward L Schorpp Solicitor ~~~FicE -F rr= sr~~i~~ 20EQ f1;~ ! 7 ~~~i 8~ ~;~ Bonnie Wingfield vs. Case Number Fred Schrom 2010-1717 SHERIFF'S RETURN OF SERVICE 03/13/2010 09:44 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2010 at 0940 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Fred Schrom, by making known unto himself personally, at 414 Heisers Lane, 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: $33.84 March 15, 2010 RO ERT BITNER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CounfySuito Sheriff, Te~easo+t. Inc. BONNIE WINGFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~~ ~, VS. NO. 10-1717 ~_ ,`; ,~_!~ CIVIL ACTION -LAW -`~'' ~ n -~' CUMBERLAND VALLEY TREE _ ~ ~ __ ;-. SERVICE, INC., :JURY TRIAL DEMANDED ~~ Defendant ~ `- _ ~ ~~ . . ..t~ ~.~ `~ ANSWER -'~ co =~ AND NOW, this~'~'~! day of May, 2010, comes the Defendant, Cumberland Valley Tree Service, Inc., by its counsel, Anthony L. DeLuca, Esquire, and files this Answer to the Complaint, as follows: 1. Admitted. 2. Denied It is specifically denied that Defendant, Cumberland Valley Tree Service, Inc., is a corporate entity with offices, c/o Fred Schrom, at 414 Heisers Lane, Carlisle, Cumberland County, Pennsylvania 17015. Proof thereof is demanded at trial. 3. Admitted. 4. Denied. After reasonable investigation the Defendant, Cumberland Valley Tree Service, Inc., is without knowledge or information sufficient to form a belief as to the truth of the averment set forth herein and strict proof thereof is demanded at trial. 5. Denied. After reasonable investigation the Defendant, Cumberland Valley Tree Service, Inc., is without knowledge or information sufficient to form a belief as to the truth of the averment set forth herein and strict proof thereof is demanded at trial. 6. Denied. After reasonable investigation the Defendant, Cumberland Valley Tree Service, Inc., is without knowledge or information sufficient to form a belief as to the truth of the averment set forth herein and strict proof thereof is demanded at trial. 7. Denied. After reasonable investigation the Defendant, Cumberland Valley Tree Service, Inc., is without knowledge or information sufficient to form a belief as to the truth of the averment set forth herein and strict proof thereof is demanded at trial. 8. Denied. The averments set forth in this Paragraph contain a legal conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in this Paragraph are specifically denied and strict proof thereof is demanded at trial. By way of further answer, electric lines are buried to a depth of at least 36 inches below grade with one foot of fine grade placed on top while cable lines are run indiscriminately through yards and usually only to a depth of a couple of inches below ground level and Comcast generally does not mark the location of their lines. 9. Denied. It is specifically denied that there were no other activities going on in the neighborhood at this time which could account for the above losses to Plaintiff. To the contrary, the Defendant avers that there was another crew of workers installing a fence around the rear of the neighboring property of Plaintiff at the time that Defendant was working there. 10. Denied. The averments set forth in this Paragraph contain a legal conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averments set forth in this Paragraph are specifically denied and strict proof thereof is demanded at trial. 11. Denied After reasonable investigation the Defendant, Cumberland Valley Tree Service, Inc., is without knowledge or information sufficient to form a belief as to the truth of the averment set forth herein and strict proof thereof is demanded at trial. 12. Denied The averment set forth in this Paragraph contains a legal conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is required, the averment set forth in this Paragraph is specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests Judgment in favor of the Defendant, Cumberland Valley Tree Service, Inc, and against the Plaintiff. Respectfully submitted, C -~~ '' ~ l > ,.~~~a-, ~1~ Anthony L. D uca, Esquire 113 Front Street Boiling Springs, Pennsylvania 17007 (717) 258-6844 ID: 18067 Attorney for Defendant VERIFICATION I hereby verify that the facts and information set forth in the foregoing Answer are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Cumberland Valley Tree Service, Inc ;~ Dated: ~ ~~~~ d BY: ~ -"" Frederick A. Schrom, Manager BONNIE WINGFIELD, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10-1717 CIVIL ACTION -LAW CUMBERLAND VALLEY TREE SERVICE, INC., :JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Anthony L. DeLuca, Esquire, hereby certify that I am on this day serving a copy of the Answer on the person and in the manner indicated below: REGULAR US MAIL ADDRESSED TO: Daniel K. Deardorff, Esquire 10 East High Street Carlisle, Pennsylvania 17013 Date: c~~ ~ifi' ~._ ~ ~ f ,.~ - e~e.~r Q, Anthony L. Luca, Esquire /'~ Plaintiff ~ ~~t~6~~~,v,0 d~~~- y ~~'~ S~~ vrC~ ~C efendant We do solemnly States end e,,+~ with ft tyl/ Signature In The Court of Common Pleas of Cumberland County, Pennsylvania No. /~ - /~/ ~ Civil Action -Law. Oath ~r affirm) that we will support, obey and defend the Constitution of the United ition of this Commonwealth and that we will discharge the duties of our,office Ma/~2~~ ~. wA~r~r g Name (Chairman) Law Firm Address M~~'f'~A/~~S~iO/~G P~l /z~ss- City, Zip Sig tore Si afore S~`EY did ~ ~r /YvsP ~jE-~.T /u (~ /l NpI~'Co~Z / Name ~ ~C ~ ,, ~u /~{ ~- Name r ` ~Q~ /~'f 1, ~ ~ti ,,~ (.f ~ ~ ~~~. ~ ~5~1.10~ ' "J I't~inl~ Sr!~i~~~ ~ Law Firm Law Firm 1v3~lilvn~.~.t~ Address Address Z..rO rv-ti ~1~ 1~li,r~ City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ~` - ~ i ~ ~ ~ z ~ ~. v ~ ~ u c.i~ ~~_ _ C.v .( z's ,.~iu r~ J It ~ iL ~ ~~ ~1 Date of Hearing: ! D ~ /~'/ ~ Date of Award: ~ ~ ~ /~ ' ~ v Now, the ~~day of _ , ~0~' ~ , at _!s _ (_~ , ~.M., the above award was entered upon the docket and notice thereof gi~%eri }sy mail t~ the part-ie7s ocr their attorneys. Arbitrators' compensation t be paid upon~al:~ ~~d, po - J By: dissents. (Insert name if applicable.) ~+lotic`e d€ Entry of Award ~; , Prothonotary Deputy FIl.EG-p~F1CE F ~'H£ PR~~'~IOP~~ ~~,f~ F° 20~a OCT 18 Phl 3~ ^2 ~U~tBERL.~t~Q C~U€~"~ `~., ~cP~EdS`~'!..V~.~~1~_. 1..D ~F.S /Y1.i~.t~ P -~ r ~ .~~.L~ ~~~Q/~v ~~ F: \FILES\Firrn\DKD\wingfield\pra 1 Created: 9/20/04 0:06PM Revised: 12/17/10 10:53 AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BONNIE WINGFIELD, Plaintiff V. CUMBERLAND VALLEY TREE SERVICE, INC., Defendant te r? y Cn r-, CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1717 CIVIL ACTION - LAW PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as settled, discontinued and ended. MARTSON LAW OFFICES V` • / By Daniel K. Deardorff, Esquir I.D.17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: