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Home My WebLink About10-4608PAUL F. D'EMILIO, ESQUIRE ATTORNEY I. D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF KRB CONSTRUCTION INC. P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. JANIE ECKER 318 ERFORD ROAD CAMP HILL, PA 17011 AND SARALYNN HIPPLE 4547 ROLO CT. MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. I D - %08 0,-1v, l 1e rm AND EUGENE LONG 4547 ROLO CT CIVIL ACTION MECHANICSBURG. PA 17055 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 WR?TTEN 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 , 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 46ENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 "ISO y? N EJl ` Le han demandado a usted an la corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, usted tiene (20) dies de plazo a partlr de la fecha de la demands y Is notificacion. Listed debe presenter una apanencia escrita o an persona o por abogado y archivar an la corte sus defenses o sus objeclones a las demandas enconVa de su persona. Sea avisado qua si usted no se defiende, Is corte tomara medidas y pueda entrar una Orden contra usted sin pprevio aviso o notificacion o por cualgier queja o alivio qua espedido an la peticion de demanda. Listed puede perder dinero, sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 S 'ga•oo PA A7'r%/ e* I a32 0 O agsog5 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT OF SUBROGEE OF KRB CONSTRUCTION INC. CUMBERLAND COUNTY P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. NO. JANIE ECKER 318 ERFORD ROAD CAMP HILL, PA 17011 AND SARALYNN HIPPLE 4547 ROLO CT. MECHANICSBURG, PA 17055 AND EUGENE LONG 4547 ROLO CT CIVIL ACTION MECHANICSBURG. PA 17055 NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.U. §1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA.CON.STAT.ANN.§201, ET. SEQ. ("THE ACTS") IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Plaintiff, Erie Insurance Exchange by its attorney Paul F. D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement: 1. The Plaintiff, Erie Insurance Exchange, ("Plaintiff') is a Corporation authorized to do business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box 2013, Mechanicsburg, PA 17055. Plaintiff brings this action as subrogee of KRB Construction Inc., herein the ("Insured") under a policy of insurance issued by Plaintiff and at all times hereinafter mentioned, Plaintiffs Insured, is the real and registered owner of premises 548 Bridge Street, New Cumberland, PA 17070. 2. Defendant, Janie Ecker is an individual residing at 318 Erford Road, Camp Hill, PA 17011 and at all times hereinafter mentioned was a tenant or occupant of 548 Bridge Street, New Cumberland, PA 17070. 3. Defendant, SaraLynn Hipple is an individual residing at 4547 Rolo Ct., Mechanicsburg, PA 17055 and at all times hereinafter mentioned was a tenant or occupant of 548 Bridge Street, New Cumberland, PA 17070. 4. Defendant, Eugene Long is an individual residing at 318 Erford Road, Camp Hill, PA 17011 and at all times hereinafter mentioned was a tenant or occupant of 548 Bridge Street, New Cumberland, PA 17070. 5. On or about February 7, 2009, the Defendants made, and executed a Residential Lease Agreement pursuant to which Defendants, rented 548 Bridge Street, New Cumberland, PA 17070 from Plaintiffs Insured. A true and correct copy of the Residential Lease Agreement is attached hereto, made part hereof and marked Exhibit 11A.11 6. The Residential Lease Agreement provided 15. Care of Leased Premises. Tenant is responsible for and will take good care if the leased premises and all of the property in and around the leases premises. Tenant agrees to pay for any damage caused by tenant, tenant's family and tenant's guest. Tenant agrees to turn over possession of the leased premises to landlord when the lease ends. 7. On or about March 7, 2009 a fire started at plaintiffs Insured's property causing extensive damage 8. Plaintiff avers that the personal property of the Insured was damaged as a result of the occurrence hereinbefore mentioned, the cost to repair the dwelling thereto being is One Hundred Seventy Thousand Two Hundred Four and 55/100 ($170,204.55) plus loss of rent thereto being Five Thousand Seven Hundred Seventy and 50/100 ($5,770.50) Dollars for a total of One Hundred Seventy Five Thousand Nine Hundred Eighty Two 05/100 ($175,982.05) Dollars. COUNTI BREACH OF CONTRACT 9. Plaintiff, incorporates by reference all of the allegations contained in paragraphs 1 through 8 inclusive of this Complaint as fully as though same were herein and set forth at length. 10. Defendant's violated the agreement in that they caused and/or allowed vandalism of the rental property and failed to repair same in violation of the written agreement. 11. Although frequent demands have been made, Defendant's have failed, refused and neglected and continues to fail, refuse and neglect to make payment of the balance due. COUNT II NEGLIGENCE 12. Plaintiff, incorporates by reference all of the allegations contained in paragraphs 1 through 11 inclusive of this Complaint as fully as though same were herein and set forth at length. 13. The occurrence referred to above, and loss of Insured's property were the result of negligence, carelessness and/or negligent acts or omissions of the Defendant's. Said negligence included without limitation the following: a. failure to properly maintain the rental property while in their care; b. allowed a fire to start in the property without due regard for the rights, safety and position of the Insured's property; C. permitting and allowing damage to occur at the Insured's property; d. failure to properly repair the damage to the rental property; e. failed to take proper precautions against fires; f. did fail to use due care while cooking; and g. otherwise being negligent as a matter of law. 14. Although frequent demands have been made, Defendant's have failed, refused and neglected and continues to fail, refuse and neglect to make payment of the balance due. WHEREFORE, Plaintiff demands judgment against the Defendants upon each count in an amount in excess of Fifty Thousand and 00/100 ($50,000.00) dollars together with costs of suit. Date Paul F. D'Emilio, Esquire Identification No. 16654 E-mail address: pauld _demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No. 81894 E-mail address: pauls _demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax no.: 610-338-0303 VERIFICATION , Subrogation Specialist with Erie Insurance Exchange in the above captioned matter verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:` Subrogation Specialist 9 olol-1 lod3-r Y This b a nmWeaRhd teases, b is a FegW1y bindWg eostssat betwoeea the bmdlerd and 0046 tesat4L Eacb toomt abould read this lease eardwtF. Tbb remNow iai kam may contain wWvon of your rights as a t?enartt Eaab temuM dlonld sot sign this base wadi emb toaawt undwatadds all the s;reements ties this residential bmw agream of 1. NAMES OF LANDL(MW AND TRNANT. Name of Landlord: ram Construction, Im 3401Neadow Trall Dula =T. PA 17019 Name ofT a : SamL /Vld? Eugene Long Jude &Ww e f Q ?. L.F.ASED PRWaff$. no leased pramiaee is the place that the lsndl "agreed to 10000 to bananKa). The loaned pmmms is $od Bridge Street, Now Cumberland, Peernsyh?ania, 17070. 3. STARTING AND ENDD,IG DATES QB RESIDENTIAL LEASE AGREEMENT. This lease in for 12 months. This lease dub on Mam.h t, 2009. This lease etWs an February 2S, 2010. Auer March 1. 2010, thb lease will continuo on a mondiAo-month basis under the some twins and conditions as stated In this knee wiles either Ltndlord or tenant given writion notice to the other party at least thirty (30) days prior to tt t uhudion ofthis lease. 1010 Coslslrtation, inc. 340 MenO w 11ret0 - DJUsburg, PA 17019 (717) 697-16= - (717) 443-4772 - (117) 514.6183 a'd -!; •A o 4.nt--- me- l T / XU-4 13rMSSUI dH bldg t : l 6002 01 JoW 0 0 4. RENT The aanount of rcpt is a 11,940.00 per year, broken deem into twewe insdallnaM of 3995.00 per OWTA• Tenet agreea to pay go mentfily rout in advaw:* on or belbre the *9 day of each c wn*. Landlord does riot Mare to ask (awake demand upon) taaraWt to pap+ the resat. Tewal agrees to pay sent by &w ateas mail poahge prepaid or Im person to famdlord at the plane epeoirwil by landlord. ?enaat agm" to pay a late ebarge of S1Ld0 per day bayand the Mh day (diet woaid be beglowin on the abdk day of glee ssoatb) if uanasnt does not pay Me rerrt on lase. If terser man tbs rent to bam%rd, the date of p gmemt alg be the data the bnt w is peatmsistmd. If my check or rent is return+sd for MOUplaissat Heads Or clew reason, fde dasgea will coadass sae rest is aeftwa ? paid by tasant. Masaovw. T'etrraat will be responsible for any costs Lsadkwd away inm due to dM osk ng as i wofficieaat fsmd a heckAL Landlord may hmmase the mm t* rent or change the serras of this lease cr written notice to taswat given at least sixty (60) days is advance of the first day of the month Is which the increase in mat or chmage in the lease terws if effli flye; bowaver, landlord may not males an increase or a cdhwW is the toast teases that will take aOUt during dire hottest term of*e lase. The m t increase or claatagp is lease terms will galas effect in the n uumn specified by land1wd unless tenant tmuinates the fusee vrlthia ten (10) days after Isndlosd Sivos wi ttaa notice or a mot inumm or change of lease. S. SRCURITY DWOSIT. Tenant a peas to pay a sewdWdepoeft of $995.00. Tenant agrees to pay the security deposit Ao, landlord before the ]ease atarls and before landlord gives poaaession of the leased premises to teaatat. Landlord can tatae-money from the security deposit-to pay for any dawaagera erased by tsnant, tenant's family and tesaases goasts. Laadlwd may tales the security dgmsk to pay for any urgxdd rent. Mier taking out the damages for any unpaid smd, landlord alas to send bmwit any seourky deposit money left over. Landlord wnll sand the ratnatining secuttty deposit to tenew no later dawn thirty (30) days after do lease Cods and Conant leaves. Landlord aaisa agrees to tend to tenant a written list of damages and amounts ofnaoney taken flow the security dgwalt. Tenant agnaas to She laadloard a written forw?arxling a ddeaa wiles tenant leaves seed dw kwe ands. Tenant HM not ass !ha saeariity deposit NO paq?tttaat of A& Meant a+suth"s rest. 2 S.d XNA 13r2t3SUl dH Mcfel i j Boaz al J*W L LANDLORWO DUTY AT TM START OF THE LZAKL Landhaw agms to give tan* possesslon of the lessed peeedsea on the starting date of the leees. The loom will a t * cven it h umil and cannot give toaara possessian of *9 loosed reskleadal premises because the Swint tma t its atilt in the leased ,premises or the lease prentbes is datteaW. V kadW d cannot give taaaat p0048do414 tswaat does Rai have to pay not wall. the day baudlord Biwa possession of dw baud NOWMdat premises to teasat. 7. DAMAGE TO LEASED h"REllUSM Tenant agrees to nodo laaacllad immnedidoly If the leased paemiase is danwWd by fire w mw o acc caw". Townt agrees to notWy imzdkvd if there is ray condition in dw leased premises Gnat could dmoaage the leased praises or harm tenant at others. If tamnt awmot live in the whole leased premises because it Is deattoged or destroyed, uenarrt imy: 1) litre in the twd#maged part of the leased premises and pay less cent undJ the leased pranisw Is repaired. or 2) end the lease said Inv* the [eased premises. Temat agrees that if the leased prammises is damaged or destroyed and to nmu ends the lease, iaedlcrd. has no further resp*=btlity to tworA. & INSURANCE. Landlord syma to have inaatuave an Ow building where ttue lamed promises is lotsetted. Tessues own pmperty is not imumd by haudlWd's imaraaeat Temot is respo=11110 for teetanes arse prapeM dud Is lseated In tlaae leased praasiew 13. ASSIGNMEIM OF SUBIZAM BY TENANT. ,tsshg wwnt (or a=fsn) is the kged wm fiw a transfer of the kaw ft m OW hmaet to aeather pmon. 77ets other pemn dies becoaaet do landlord's new tenant and fthm aver the kaw. Tenant ogees NOT to traasf r (assign) this loess to moons else without written permission by lwx lmd. S'Ublame is the sepw to kaw between the tenon and another pemn who leaves all or a p4" of the katedpramLtaeJ1r o the teaeant. $,'d . . -1 ... .... ...... . _ . kWA lavx3sd'l dH Wcl*T :1 6002 01 aatW Teacart agrees NCYr to subteam all or my pact of the leased prenriaes to ahymte sin without lira written pmudnioan of landlord. Teram agrem 6m if taunt traasfers this tease (asdpu) or leases all or part of dw leased premises to another (aaUmore), tenant bias viclawd lids lease. 10. A$SIGMUNT OF LANDLOND. I.wWlwd my assign any or all of its interests urhder the terms of this bass. IL RESPONiSMUrT nM DrAMAC,R TO PIIOPEiITY OR INJUW TO PEOPLE. Landlord is tespmWble for sU damage to property or injury to people caused by landlord or landlk"'s rapraseutstlve is tonal or neSllgent acts at the leased pmmieea. Teauat is responsible for all dan age to dw leased pneanis s and l qwy to people erased by tautst, % mat's bmWMyar peals. Tonsat aptem that landlord is cot reepormible to Wmak tenant's firmly or guests for damp or in jury caused by watadr, mow or ice that cornea on the leased pranioea ambas landlord was 12. USE OF LEASED PPJtMSE& Temat agrees to un the teased pr+attiass only as a residmw& Taunt agrees to obsy ali federal, aorta and toed lows end mrAstions when using to leased premises. Taunt agras, at to store any flamnuble, humus, or toxic channi Ws er m*wumms in or wound the based premises. Tenod agrem not to do any activities in or around the leased premises whidt could Kann e or damage my p y- Tenant agrees tWat tenant will not allow any ullrer people to axwpy lice leased premises Without 60 arfteo permission v[leadbrd. Temsm agrees mat to alter or make additions to the premises, imctuding but not llmhed to, painting, rebuilding. ramming or ropairing the premises, its Bxtum% or its appliarwos without ImsWIord's wdum consent - 13. RULES AND REGULATIONS. Tenant agrees W obey all rules and eeguladons fbr the leased premises. If tenant violates any rules or r plethora for the leased prataieos, tenant viotafts, this lease. Teseat shall sign and acknowtedipe receipt end review the Roles and Regulations vetch are attached hftvw. 4 S' d xuzi i3rm3swi dH Wd*i s t 6002 01 a&W l4. 156 16. 17. s•d LANDLORD'S RIGHT TO MORTGAGE TB MUDORDMATXWJ) SnbarftWo or subordnatlox are dw ltpd sews MW dfors rat bars arpr s f'ed Won dsr its its of hux1or+d's othm wond4 s?rllgftt IS r4ow wxkr this Ieaee are in Arorf W campay 4y km4arid' does rant mob fir w0pra ar aowgww ueay hmw AN rfjht to end tft dad kowd tea. or die nso?tggga comp w sdk A mw4w j brie k ws w Sate, the lea w my sad • LEASED PREMISES nwm dxrt dhds lsam wrapme paw hr *naae to Zonfierd's w9adEe • the grid's ownerxh p gjrdw kawd pnwwhw to a Ten mt -gp p a trust laadlord has the fight to rnorglW the pmmbm. If loodlocd has a mattgage on the leased preambas now, or if b ndlmd• gate a on the leased prindws in the hum, am mt agrees that Otis lease Ia mhoridiinate to the =w dlasd'a mortgage. CARE OF LEASED !R1<Z14Q8It& Tmmt le rempanalbie ft raid gill tdo good Sue of, the eased pietnism wad all of the property in and womW the leased pr atdsee. Teotmt area I op pay for any dams o grand by tommk lcaaM's tindljy sad taws Vsests. Team* s to turn over possession of the leased p ma deal to laudlosd when the lease ends. Landlord will nolm necessary regatta to the lammed proms and its oppEiances wtthio s reasonable tithe after totpmt rafts landlord otdw need for LANDLORD'S R1GH? TO ENTER THE LLASM Tam agrees that landlord and landlord's rnpra1 wtatives mmly, upon reammeMe notices, enter the leased pmwisam at reasonebl* times. Landkwd and ord's rept?eeendrbivem have the tight to kupoct, to make repairs, to do malntenwee and r slow to leered isoA to others. UTILITY SERVIC & Landlord and tm=d ag= ba paY for the charges for lensed premiss as fbtlowa: Charge or Service Padd by Television Cable Tetaurrt Electric to Premises Tarrant Gas Heat Tait Water Service Tenant Lawn bfwnt wnce Tenant Snow Removal Tenant' Telephone butauwanct w@es Tenern and services supplied to the Xdd 13Cb3Pi Wl dH Wdi i e t 6002 OT ism 0 0 Sew4rmash Curses 'I knam?tl Peat Central Charges Lsndk)td Landlord has labs right to turn off tsmpormily any utility or other service to the leased psetttises in order to make repairs or do rnalatarance. 18. PETS. No pets shaft be m:inpised sthd kept by h a rot in the leered premises with or without landlord's airiMatt conseat. 19. TEE MINATLON BY LANDLORD OR BY TENANT., Landlord may tennineW this lease without oeasse by giving thtdrty (30)) days prior wrkten notice to wnsmf, but ow tEecnriastloo by dndkmd without cause Noy take athet during the initial term of the lease. Temat topy temdru a this lease without came or prior to its expbulan date ady by giving wdUm notice to landlord at least thirty (30) days in advance of the -0erminatlon dear. If t6enam elects to move.prim to lathe trhminsfim dev, un mt toast pay to landbrd, et tt tiros Mice is given, all cart due to the ttetmirhsdon done. In any event, at! rent must be paid up tot he knnirmtiorh date prior to tteattnt' a move. 20. GOVERNWNT POWER OF BMQM4T DOMAIN. Etrelsent darwain & the legal. name, &W right of a Soramm m body or entity mob as dw sta* or Am r madpd*y to take pry propw ty for public we. Zhe giamrmmnt mw pVfair eoweFemmtlan to anyom who hm mry rtglit in rke proparty roar k ra+ben by Me giovermunw. If aU or any part of The leased pmamism (or lathe b I&V wkhin which the leaned promises is ioostted) is taken by eanlnent domait% this lease will end autonseloally. Lerhdtard and tenant agree to.relmn each other fi=n any responsibility because the kmnd paernims is taken by e mtbpow do mWm and the lease has ended. 21. VUH AT[ONS OF THIS LEASE. When elther landlord or aatent doss not do sahnoWng that they have agreed to do, it is a victation of thus lease. N aanant rinlat om, this lease. teaphat ttnta y loss taaant's security "tie Bolo afI moym bilk Lmdtwd di+ectty Sx do sewer sod tub, Landlord will pay and fa rwmd a copy offie awoke to Tenant lifer rehOwseaneat due ft 9Mlewk4 irorh& f5 kHd t3?a?sW-t dH I.tdt.i :1f BOOZ of -#WW 0 0 deposit if tenant violates ibis lease, badbrd nmy abs sue tenant for otihee expenses and dame gas wad may also no to evict or eject les umt hum the bssed premises. Each tenant dwdd not sign this lasso unless each tenant kne read and eloarly annderstanwk tie iafonwadon in this section about lease vlobtloos. x_ THIS IS A JOINT A" SZVZRAL L16AdE THIS IS NOT A JO[NT AND SEVERAL LIEASE ff46 h NOT s jv1W and set+snvel tee, then Ube IsmWond arty only mur one haaat forthot temmi's rro/atla L 4ri* k Aw a JAW arnl seveawl hear, d maw tisat ad me fiWeaft as a Jrmv dad deck of the Itndbidual& ow re*wmWe so Awdor4f jbr gg of the agy+ee7rmik of this hare. Pier CAMpk Arse raw h AW prrrd, lm+hderrl eats sett ail of the thwoab !ice) Pr ow URPS d nm% or hudgwd can lirtiig Awe grmw f any oshe 1la ow wroth y (se+•r:rwrWor so of dw et"i Mwf- 77 NANT VIOLAMS THIS LFABR IF TKKAMT: 1) [hits to pay row or etller charges to laudkwd on time; 2) Leaves (abandons) the leased prandses wkbout the landlord's permisaton betbre the and of the base; 3) Does not leave tlm leased premises at the dad of the lease; or d) Does not do all of the things that tenant agreed to do is this lease. Er tenant violates tbls ksse, lsadbsd still Me a Nodes to Quit priiw to cosshaeaeiag may action to evict tenant f rm the leased prsanises. Attar MftE a Notice to Quit, bndbra may Ale a Complaint Is Cant addug for an ardor evicting so* bsosat from the [eased premises. Landlord dead not have the right to throw tenant out of tke leased promises (nff4 dip svicEbs). The landlord can only evict tenant by court action. Landlord does mot Gave the right to sue in Court for eviction unless tenant has violated the agn+ musels of this lease. If tsanat vitiates Ne kow agreement, landlord pay am each tahamt in Court: 1) To eolbct overdno rest, late charges and monetary damages =used by tensiefs violation of the agreemeais to the loom; 2) To recover possesdon of the leased premises by Fiction or ejeetts?eat; or 7 9 d XUA 13CU3SMI dH WJ61 t : l Sao? 101 ?jaN 0 0 3) To collect oMmW rout auS the aed of the lwc ar mtN aaodwr pan= take posomdoa ortbe lsasod prembas se a saw *mat TwAm asevss fiat UmAkwd may nco me rtasseable attorney * mW coats as part of o Court j¦dSasssyt in a lsmsait Mad s tease! for •Iolstlaars of t1eits of !lee Zeus. gy sib &b h ajo gVrsg mm% owh to t or see !]pet dwy have reed and understood all of tM agnosrealo In tit bwlL Dam signed by Iaettmank Q L ,-1 \00, Lseedlad; Date doped by Ta a t: „6?/ 7JOY SaaLpm Hippie: EU@= LA MW Jaoie Ecbr: 8 s•d XNA 13Cb3St11 dH WdST :T 6002 O[ airw IN FURTHER CONSIDERATION OF TM LEASE AORSSbIENT BIc HOPE GLATT, MATMEW HBRRn-r, AND BIGM & WALL PARTI%- THIS IS A NOW-8MOKM PROPERTY. It is duty now that srnokiss is am permitted ind de the pmniaes: bowever, TZ wish, am** ouftkic wish disposing their o4areft butts in a ashtray mWor m eontaiaer. base signed by Landlord: Data signed by Tenant: ni•d XUA 13r83SHI dH rte, t?Y yon Ripple 0 • t , ?? due to Lund wd On rise 0 day a aids ar Dft A lams chwee of SIQOO pet day beyold Me 2. Tanaut, his fooif? and his SUNNIS $11613 IW at any time makt mate. or do' saQrUh S OT conduct themidwa LA any way wbM distufs ssW odher ndd m or tnn*mes wilt the v%o ta, eowdba or eouvianiears of aw otber rnkk mL Mhnkhal or sound ttipw*wlog kwirenw a or slagwg within So aparbntart dwV be huhdibie oudide. above and below the upwbnent betwom 10:00 pm Mach adglrt and 9A0 Nat. as Sblbwlp0 MMMIR& 3. No pet of am kind shall be bmW* or ]Dept in dA apattmeat or slsswhm ou Lw4j d's WV" unkm Laodlad shalt cones t in writ to the koepbag oftihe pet wibtn rise Lease 4. AD Us& and avbbish is to bo placed hi p svW bap inside coahaio wo. All debris, rubbish and trash ahhtst be pkm d is proper conb irwL Tenant shall use Continua n cage and dlllgeaoe in the day w day elev atluess of dw aparbuad imterwr. S. No sasokb e a parry Med b mde pra dn& TO" Mad Pw*s Jury arrhoioa oilde on mcbm All debris oaut be phzed In proper oontabon. 6. Tarrant sW kwp the apartmLe in good and ni tary oondithm.. 7. Teaarht shall not chmse kwm or install additional lacks, wWww the writteha cancer of Laadiord. 0. Tema is not pwmkwd to we wW kwomm or spsoe bwdam 9- T*wd JIPees Rm Lardlotd tray dhaegs brass regahledoas as sequined to ptnlect the sputhnent or La xnerd s other propedy. or add to the converdeooes of ofbw oaogpants of the buildbhg or aompim '!bass f"PWIM t ofe a & a part of the Lease Agreethheat wd fib m do oomply wft =Sao AM be cause ft 10. Term* is not permitted ED me waterbed(s) wt boat s sp W insw moe policy with a copy to Landiord. I L Landlord assumes no r, asp orniba"ktj? For Tam m's, psopwW or lbsb iy. Lwdwd suggests Tansat obtake a i Tenew KxNeow her'sr pommy for Tenant's peaftdon of his awn pascal property. SIgoed min -7 of 2009. [T.d T T • 1•? nLn1 Mf - / T , Mdd 13CN3SUI dH WdS I :I 6002 at 'aw SHERIFF'; Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOiICItOr OFFICE OF CUMBERLAND COUNTY ~gw~,tr of ~ ambrr~~0 •y ~~~fb. 4~FiGE ~~~ rH~ Sr£RlFP Fti~:1~t n~Y Ltl~u ~~~~= ~ t~ 1:i 1 u~ ~C~ ~i'~ ~` ^~, i~ ~. py ,`~ r Nom, Erie Insurance vs. Eugene Long (et al.) Case Number 2010-4608 HERIFF'S RETURN OF SERVICE 07/14/2010 07:16 PM -Shawn Harr' on, Deputy Sheriff, who being duly sworn according to law, states that on July 14 2010 at 1910 hours, he erved a true copy of the within Complaint and Notice, upo he within named defendant, to wit: Euge a Long, by making known unto himself personlaly, at 454 0lo Court, Mechanicsburg, Camp ill, Cumberland County, Pennsylvania 17055 it~oy~ent a at the same time handing to him persona ly the said true and correct copy of the same. ~~ ~~ HARRISON, DEPUTY 07/14/2010 Shawn Harrison, Deput Sheriff, who being duly sworn according to law, states tha n July 14, 2010 at 1910 hours, he served true copy of the within Complaint and. Notice, upon thew' hi named defendant, to wit Saralynn Hippler, by making known unto herself personally, at 4547 Rolo urt Mechanicsburg, Cumberland County, P nnsylvania 17043 its contents and at the same t~iy~e~ an ing her personally the said true and correct co y of the same. l~ ~~ DEPUTY 07/15/2010 Ronny R. Anderson, S eriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the withi named defendant to wit: Janie Ecker, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Janie Ecker. Request for se ice at 318 Erford Road, Camp Hill, Pa 17011 the defendant was not found. Janie Ecker currently resides at 4547 Rolo Court, Mechanicsburg, PA 17055. 07/15/2010 Ronny R. Anderson, Sr and inquiry for the withi bailiwick. He therefore Long. Request for serv Eugene Long currently SHERIFF COST: $92.50 July 15, 2010 riff, who being duly sworn according to law, states that he made a diligent search named defendant to wit: Eugene Long, but was unable to locate him in his :turns the within Complaint and Notice as not found as to the defendant Eugene e at 318 Erford Road, Camp Hill, Pa 17011 the defendant was not found. :sides at 4547 Rolo Court, Mechanicsburg, PA 17055. SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. TeleosoR. Inc. SHERIFF'S dFFICE OF CUMBERLAND COUNTY Ronny RAnderson - ; ~ ; Sheriff -' L~ ~ ~a~~,tr of ~u+nbr*~$~~ i I :~~ ~ :,.~:;. Jody S Smith ; Chief Deputy ~ _Y ~ ~ i ~ r ; a ;3 1 lJ 1~'. f t t. ~ v v Richard W Stewart ~ ~~ ~~- o'LOl O Aui> ~ d AM (0 ~ OS Solicitor ~ c)cE of s~s)rF C.~l '_..~_! , i',y~v .,,, ;i . I i i ; i_ti'~` Erie Insurance vs. Eugene Long (et al.) Case Number 2010-4608 RIFFS RETURN OF SERVICE AMENDED 07/14/2010 07:16 PM -Shawn Harrison, eputy Sheriff, who being duly swom according to law, states that on July 14 2010 at 1910 hours, he serv a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Eugene Lo g, by making known unto himself personlaly, at 454 0lo Court, Mechanicsburg, Camp Hill, C mberland County, Pennsylvania 17055 ' onten a d at the same time handing to him personally the said true and correct copy of the same~/~ S 07/14/2010 Shawn Harrison, Deputy She 1910 hours, he served a true to wit Saralynn Rippler, by m Cumberland County, Pennsy said true and correct copy of who being duly sworn according to law, states that on July 14, 2010 at spy of the within Complaint and Notice, upon the within named defendant, ng known unto herself personally, at 4547 Rolo Court Mechanicsburg, nia 17043 its contents and at the same timg~handing/~ her personally the :same. ~ In Jn SHAWNTiARRI~N, DEPUTY 07/15/2010 Ronny R. Anderson, Sheriff, ho being duly swom according to law, states that he made a diligent search and inquiry for the within nam d defendant to wit: Janie Ecker, but was unable to locate her in his bailiwick. He therefore return the within Complaint and Notice as not found as to the defendant Janie Ecker. Request for service at 318 ErFord Road, Camp Hill, Pa 17011 the defendant was not found. Janie Ecker currently resides at 2512 Rolo Court, Mechanicsburg, PA 17055. 07/15/2010 Ronny R. Anderson, Sheriff, t and inquiry for the within nam bailiwick. He therefore return Long. Request for service at Eugene Long currently reside SHERIFF COST: $92.50 July 15, 2010 rho being duly swom according to law, states that he made a diligent search ;d defendant to wit: Eugene Long, but was unable to locate him in his the within Complaint and Notice as not found as to the defendant Eugene 318 Erford Road, Camp Hill, Pa 17011 the defendant was not found. at 4547 Rolo Court, Mechanicsburg, PA 17055. SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenft. Teleosoft. Inc. r°L o1wo'AU 18 AMA-Z7 Rob Bleecher, Esquire PA 32594 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 717-691-9809 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,' PENNSYLVANIA CIVIL ACTION - LAW ERIE INSURANCE EXCHANGE AS SUBROGEE OF KRB CONTRUCTION INC., Plaintiff NO. 10-4608 VS. JANIE ECKER, SARALYNN HIPPLE and EUGENE LONG, Defendants NOTICE TO PLEA TO: ERIE INSURANCE EXCHANGE AS SUBROGEE OF KRB CONSTRUCTION INC. You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment ma a red against you. Rob r, squire Attorney 0.32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Rob Bleecher, Esquire PA 32594 Pecht & Associates, PC 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 717-691-9809 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERIE INSURANCE EXCHANGE AS SUBROGEE OF KRB CONTRUCTION INC., Plaintiff NO. 10-4608 vs. JANIE ECKER, SARALYNN HIPPLE and EUGENE LONG, Defendants ANSWER TO COMPLAINT WITH NEW MATTER Defendants, Janie Ecker, Saralynn Hipple and Eugene Long, by and through their attorneys, Pecht & Associates, PC, hereby respond to Plaintiff s Complaint as &lows: 1. Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph. 2. Denied. 3. Admitted. 4. Denied. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that the residential lease agreement in question contained the language set forth in paragraph 6 of the Plaintiff's (Complaint. It is denied that this language establishes liability on the Defendants' part for the damage sustained to the apartment. 7. Admitted in part and denied in part. It is admitted that on or about March 7, 2009 a fire started at Plaintiff's insured's property. It is unknown what the extent of the damage was and as such, it is denied. 8. Defendants are without knowledge or information' sufficient to form a belief as to the truth of the allegations contained in this paragraph and, as such, they are denied. 9. No response is required. 10. Denied. Defendants did not cause vandalism nor did they allow vandalism of the rental property. Further, Defendants were never given the opportunity to repair the subject property and as such cannot be faulted for not making repairs when Plaintiff provided no opportunity for Defendants to make such repairs. 11. Denied. Defendants responded to Plaintiff's demand for payment and Plaintiffs made several attempts to contact Erie and/or Erie's lawyers. Defendants Were informed that payments could not be made, that remodeling had begun on the property, and Defendants were denied any additional information regarding the damage to the property, the,, proposed cost to make repairs, nor anything else with regard to repair of the leased property. 12. No response is necessary. 13. Denied. Defendants were not negligent, nor careless, nor did they commit negligent acts or omissions. The damage to the property occurred as a result of an accident and not due to any negligent or careless conduct of the Defendants. The Defendants had been in the property for one (1) week prior to the start of the fire and Defendants had maintained the rental property properly while it was in their care; Defendants did not "allow" a fire to start, rather the fire began 2 as an accident while one or more of the Defendants were in the kitchen cooking; Defendants did not permit nor allow damage to occur, rather the damage occurred as a result of an accident; Defendants did not fail to repair the damaged property, in fact they were never permitted the opportunity to know the extent of the damage, the estimated cost to repair the damage, the various bids by contractors to repair the property (if there were such ! competitive bids); Defendants did take precautions against fires in that Defendants, were in the kitchen at the time that the fire began; Defendants did not fail to use due care while cooking and in fact, at least one of the Defendants was in the kitchen at the time the fire began; and Defendants were not negligent as a matter of law. In fact, at least one of the Defendants was in the room at the time the fire began, attempts were made to put out the fire using flour, Landlord foled to provide fire extinguishers in the kitchen and failed to inform Defendants that Landlord) was not going to provide fire extinguishers in the kitchen. 14. Denied. Defendants were informed that they could not make payments to make repairs, nor could they make repairs as Plaintiff was going to make the repairs 'as it saw fit. NEW MATTER First AfA motive lWa se Plaintiffs Complaint fails to state a cause of action or a claim upon which relief can be granted. 1 Landlord provided a final bill to Defendants indicating that Defen" were to pay Landlord's deductible and Defendants accepted the offer of Landlord. A copy of the final bill is attached, marked Exhibit "A," and made a part hereof. As such this was an Accord and Satisfaction. 3 iI- 7_7 - h i ly Plaintiff lacks privity with Defendants. Defendants were not signatories to, nor obligors under, the policy of fire insurance issued by Plaintiff to Landlord. Defendants have been released from any liability. Fifth Atfirmatke Dehm Defendants justifiably relied to their detriment on the terms of the contract which clearly indicated that Landlord would obtain liability insurance to cover the building and the Defendants were required to obtain renters insurance to cover their own personal property. Landlord did not suggest to Defendants that they obtain liability insurance for the real estate nor that they could possibly be held liable for damage of the nature that occurred to the building. Sixth AfAa&e Defi?ese Defendants were prevented by Landlord from performing under the lease. Seventh Alfirmative Dofhm Plaintiff is estopped from now claiming Defendants are liable. Eighth Affirmative Defense Justification. Ninth Affirmative Defense Assumption of the Risk. Tenth Affirmative Defense Comparative Negligence. 4 Eleventh Affirwative Defense Contributory Negligence. Four#eenth AMmative Defense Plaintiff has no standing to assert its claims against Defendants. WHEREFORE, Defendants deny that they are liable in any amount *hatsoever, demand judgment in their favor and against Plaintiff and respectfully request this Honorable Court to dismiss Plaintiffs Complaint, with prejudice. Date: all 7 4,0 Attorney for Defendants 5 1205 Manor Drivel Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 VERIF CATION I, Saralynn Ripple, Defendant herein, state that the averments contained. in this document are true to the best of my knowledge, information and belief." Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: v/ 3 / f n Saralynn Htpple VERMICATIaN I, Eugene Long, Defendant herein, state that the averments contained in this document are true to the best of my knowledge, information and belief.' Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: g! t to 6An"-? & Eugene Long March 16, 2009 Saralynn Hippie Saralynn Hipple EVm Long Eugene Long Janie Ecker Janie Ecker 318 Erford Road 548 Bridge Street Camp Hill, PA 17011 New Cumberland, PA 17070 RE: Security Deposit - 548 Bridge Street, New Cumberland, PA Dear Saralynn, Eugene, and Janie: Kindly accept this letter as formal wnftn notification that due to the March 7, 2008 fire at the property and severe damage sustained thereto, our Lease Agreement is hereby termina*. The following are expenses we incurred due to the fire: Insurance Deductible $1,000 Contents(Frash Removal 550 $1,550 Less Deductible 995 $ 555 Owed to I= for eqmm iacurreO daa to fire Since the fire occurred on the 7& of March and you had paid for the entire month of March, your pro rated rent is as follows: March rent: $995.00 ($995 divided by 31 days = $32.10 per day), 3/1-3/7/09: $224.70 ($32.10 x 7 days) $770.30 Owed to Ems" giEcker for pro rated rest Less WWI owed KRB 5500 $215.30 Balam due to HiPPieALanffiTAker Additionally, you had also paid a $100 security deposit for a cat which brims the total amount refunded you to $315.30. Sincerely, r 4e Kevin Biggi Enclosures (original check sent to 318 Erford Road address) ERIE INSURANCE EXCHANGE Erie ULTRASURE POLICY Insurance` mamma DscumTions * * . EFFECTIVE 12/29/08 100 Eno Inwrawe Phm ArthM TH I S TO YOUR POL I CY. Em. PA 16530 R!A>t _ KOR A SSE * * * tl11111 112ST nimcr-ARA `L no AGENT ITEM 2. POLICY PERIOD POLICY NUMBER » COIiETRU -TION iam#1 340 11IiAIR= TRL DILIAWWAG PA 19019-8938 POLICY PBRICD BDG INS AND ENDS AT 12.01 A. M. STANlIWW TIME AT THE STATED A SS OW 11 > D INSUM. THE IN '8 APPLIES TO TOM PMKISES DRMISU AS W ' ATTA D os%Ww rE L I011C&MTI ONS . THIS IS SUWZCT TO kLL'APPLICADW T8 OF THE POLICY Alm ATUCOM FORKS ARD ENDORSEIMNTS TIWA (PROPERTY PROTECTION ONLY)- $ 1,000. Ct 4=tAAIGES s PFAMU T!' P901PECT I ON - AS PER THE ATTACHED SUPPLEMENTAL D1161 ARATIONS 1. WILDIJIMS $ INCL 2. MUNK98 PIKE L PRQPlMTY AND PERSONAL PROPERTY OF $ 3. RENTAL IMCM PUMIRCTUS _ . ...... _ $ . II?L . LIMITS OF INSURA $ INCL EACH `OC i LIMIT $ TO P*WMI US 1 R lD TO YEAR LIMIT $ ANY on P Iou WDICAL u LIMIT $ ANY ONE f PIS WOOL 4 A RTISING IN3URRY LIMIT $ Ate'..: 800 OR ORUNUATION 4011 L AGGRAMTi LIMIT $ PRO CTS/CO LETIED OPERATIONS AGGRBUTS LIMIT $ I NCL OPTIONAL COViRAGZS SEE NEXT PAGE *ADI D WC 3 BL>OG 1 4 koitt"GE$ TOTAL ANNUAL PRIIIMtI-M - - - - $ ADDI T IOMI1L CHARGE DUS TO THIS CU ME - - - - - $ A>PPLI CAUI" E FIDES - SIM SCHEDULE OF FORKS nix I NSilMCE ESCHANGS Erie ULTIkSSUR= POLICY minsurancer D DBCI UiATIONS * * WrNMIV>5 12/29/08 0o Ed 9 wo,ramm Place ATTACH TH I S TO TOM POL I CY . Erie. PA 16530 er.PKIT ITEM 2. POLICY PERIOD POLICY NUMBER RR coommUCT I OII a am 41 340 11Wif] TRL DILLSBtiI!>iEi PA 17019-8938 SUP loss LOCAT I M 1 w LDING 1 LOCATION OF "MISSS OCCuPAl11CY/opm*1409 -------- - --------- --- ---------?+---- 548 =low ST, Now Ct ERLAND, Sin= IrmiLY t.LI1c CL1kNIt CO, PA 17070 IilfZ1U ST OF NNW I IN SUCH PR=ISES - OlilMR OPTIONAL Ctl8=S Finn -mm S ?GE= IumB`ITT 3345 VkWW ST CAMP BILL PA .17011-4424 PROPERTY PRmcTION Yg ti v[ a I CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Defendants, hereby certify that I have served a true and correct copy of the foregoing paper upon Plaintiff by U.S. First (lass Mail, postage prepaid, addressed as follows: Paul F. D'Emilio, Esquire Paul M. Schofiled, Jr., Esquire 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Dated: 6-11k 6 PA 32594 1205 Manor Dr., Site 200 Mechanicsburg, PA 17055 (717) 691-9809 PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF KRB CONSTRUCTION INC. P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. JANIE ECKER 318 ERFORD ROAD CAMP HILL, PA 17011 AND SARALYNN HIPPLE 4547 ROLO CT. MECHANICSBURG, PA 17055 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 10-4608 Civil Term , A :el c-n AND EUGENE LONG 4547 ROLO CT CIVIL ACTION MECHANICSBURG, PA 17055 PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. 1) 2 PA L F. D'EMILI , ESQUIRE ATTORNEY FOR PLAINTIFF $10.00 PAA` TY C4 ?a q39 e; jq,740.-? PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 ATTORNEY FOR PLAINTIFF (610) 338-0338 ERIE INSURANCE EXCHANGE AS COMMON PLEAS COURT OF SUBROGEE OF KRB CONSTRUCTION INC. CUMBERLAND COUNTY P.O. BOX 2013 . MECHANICSBURG, PA 17055 VS. Fdt'',. 10-4608 Civil Term JANIE ECKER 318 ERFORD ROAD CAMP HILL, PA 17011 T ~~:_ , :___ ; ~ _~ AND ... ~ ~ ~..~~ rr "~~- rM~ ~ -: ~~ . , ,~ . SARALYNN NIPPLE ° -r- <-- ~~ -'~~~:~ t :~~ 4547 ROLO CT. `"`=' --~_ ...._ ~~ . --_{=- ~ MECHANICSBURG, PA 17055 5 "~~ ~- ' ~~ i i ..J~ ' _ AND --~ ~~ EUGENE LONG . 4547 ROLO CT CIVIL ACTION MECHANICSBURG. PA 17055 PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER The Plaintiff, Erie Insurance Exchange as subrogee of KRB Contruction, Inc., by its attorney, Paul F. D'Emilio, Esquire, replies to the New Matter of the Defendants in the above-captioned matter and sets forth as follows: First Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. By way of further answer, Plaintiff does indeed state a valid and legally sufficient cause of action against each and every Defendant. Second Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. By way of further answer, the document attached to Defendants' answer and new matter is merely an accounting and does not affect the rights of Plaintiff or its insured. Third Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. By way of further answer, Plaintiff is subrogated to the rights of its insured . Fourth Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. By way of further answer, neither Plaintiff or its insured released Defendants from anything. Fifth Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. To the extent an answer is required whether the Defendants relied upon the terms of the contract is not material nor probative to their liability under tort. Strict proof of their reliance is demanded at the time of trial to the extent it is relevant to the issues. Sixth Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. By way of further answer, Defendants violated the terms of the lease when they destroyed the Plaintiff's insured's property. Plaintiff's insured was under no duty to allow Defendants' to attempt to remedy its damages. 2 Seventh Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. Eighth Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. Ninth Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. Tenth Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. Eleventh Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no response. Twelfth Affirmative Defense Omitted in the original. Thirteenth Affirmative Defense Omitted in the original. Fourteenth Affirmative Defense Denied. The averment is an erroneous legal conclusion that requires no 3 response. Date: f '~ 0 Sul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 4 VERIFICATION Paul M. Schofield, Jr., Esquire, attorney for Plaintiff in the above-captioned matter verifies that the facts contained in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date:August 24, 2010 By: ,- •_ Pa I .Schofield, Jr., Esquire Id tification No.: 81894 e-mail address: pauls@demiliolaw.com Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 'PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ATTORNEY FOR PLAINTIFF ERIE INSURANCE EXCHANGE AS SUBROGEE OF KRB CONSTRUCTION INC. P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. JANIE ECKER 318 ERFORD ROAD CAMP HILL, PA 17011 AND SARALYNN RIPPLE 4547 ROLO CT. MECHANICSBURG, PA 17055 AND EUGENE LONG 4547 ROLO CT MECHANICSBURG, PA 17055 COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 10-4608 Civil Term CIVIL ACTION CERTIFICATE OF SERVICE I, Paul M. Schofield, Jr., Esquire, hereby certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter in the above-entitled matter has been served upon the following person on the 4f~h~lay of September, 2010 by first-class U.S. Mail, postage prepaid: 11~~~~ Rob Bleecher, Esquire Peecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 A: Schofield, Jr., Esquire ey for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~.~''~".~,, of ~~unt~rt'J~~~d Jody S Smith Chief Deputy Richard W Stewart Solicitor ~Ff ~ ` ~ r"~ "F~'F~ Erie Insurance vs. Eugene Long (et al.) Case Number 2010-4608 SHERIFF'S RETURN OF SERVICE 09/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 28, 2010 at 1340 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Janie Ecker. After several attempts the Complaint and Notice has expired. SHERIFF COST: $37.00 September 28, 2010 SO ANSWERS, ~"-".... RON R ANDERSON, SHERIFF ;...., ~ ~ ~:~ ~-n c~ ~ r1 ,,. J `T7 ' ": S,-~-s ~ ~ ~ cf> r ~ ~ ry ~.• ~ '.l 4.~~ • i -• ~ .rj ~q ~»~ y r°J iGi Coic~?ySutte ShenYf. 7telaoso`t_ Inr. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFILED, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 20l0BCT -$ P 2: I ~? ~:U3~E~l.A~D ~C~Q~i ~~ ~~ ~:P~NSA~~1~~l FOR PLAINTIFF ERIE INSURAN. E EXCHANGE AS SUBROGEE OF KRB CONSTRUCTION INC. P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. JANIE ECKER 318 ERFORD ROAD CAMP HILL, PA 17011 AND SARALYNN RIPPLE 4547 ROLO CT. MECHANICSBURG, PA 17055 COMMON PLEAS COURT OF GUMBERLAND COUNTY NO. 10-4608 Civil Term AND . EUGENE LONG . 4547 ROLO CT CIVIL ACTION MECHANICSBURG. PA 17055 PRAECIPE TO REINSTATE THE COMPLAINT TO THE PROTHONOTARY, C.P.: Kindly reinstate the Complaint in the above-captioned matter. s ' UL F. D'EMILIO, ES DIRE ATTORNEY FOR PLAINTIFF Oo ~`~ 'ate ~~~ ~ ~,~ `~sb °l3~ ~ ~,~~.`~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~eL 1,,,, of ~'airtitir~.~~~1~ Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~- • ~ -~ ~ ~ -~_-~ Erie Insurance Case Number vs. Eugene Long (et al.) 2010-4608 SHERIFF'S RETURN OF SERVICE 10/29!2010 07:25 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 29, 2010 at 1925 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Janie Ecker, by making known unto herself personally, at 2512 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY SHERIFF COST: $55.00 November 01, 2010 SO ANSWERS, .~ -~---- RON R ANDERSON, SHERIFF ~. ~3 ~~ ~ ca -=-~ F~ .~:.; ~~ ~ ~~ s --t,;~, 2 ° ~ ~' ~ f °. sr ; ~~ .. .. ~ j°7"~ ~ .1? Vic; Goun;Suite SherYf. Teihes.Yt. inc. PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 ERIE INSURANCE EXCHANGE AS SUBROGEE OF KRB CONSTRUCTION INC. P.O. BOX 2013 MECHANICSBURG, PA 17055 VS. JANIE ECKER 318 ERFORD ROAD CAMP HILL, PA 17011 AND SARALYNN NIPPLE 4547 ROLO CT. MECHANICSBURG, PA 17055 AND EUGENE LONG 4547 ROLO CT MECHANICSBURG. PA 17055 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 10-4608 Civil Term CIVIL ACTION PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY, P.C.; M C= r*z i?_ BCD C-) _V =r CA 1i [?? Kinely mark the above entitled matter discontinued and ended without prejudice upon payment of your cost only. Date:June 6, 2011 PV. M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com Paul F. D'Emilio, Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303