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Home My WebLink About10-4901Jennifer L. Ruth, Esquire GOLDBERG KATZMAN, PC PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff PENN NATIONAL INSURANCE a/s/o LINDA & WASSELL URENKO., Plaintiff V. LEGGETT INC., Defendant Q ?j? Go 100 sup PM 3 3 C° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. f%G! CIVIL ACTION -LAW COMPLAINT JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff Penn National Insurance, by its attorneys Goldberg Katzman, P.C., who state the following: 1. Plaintiff Penn National Insurance (hereinafter "PNI") is a business entity authorized to do business in the Commonwealth of Pennsylvania with an address of P.O. Box 1670, Harrisburg, Dauphin County, Pennsylvania. 2. Plaintiffs Linda and Wassell Urenko are adult individuals residing at 7133 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania. At all times relevant hereto, the Urenkos were insured by Penn National Insurance. 3. Defendant Leggett Inc. is a business entity authorized to do business in the Commonwealth of Pennsylvania with an address of 1989 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania. V 4. The incident in question occurred on or about May 20, 2009 when a rear exterior spigot, located at the home of Linda and Wassell Urenko, froze rupturing the pipe and flooding the lower level of their bi-level home. 5. The offending spigot had been installed on or about June 18, 2008 by Leggett, Inc. 6. On or about May 20, 2009 Pronto Plumbing conducted an investigation and determined that the leak was caused when the hose bib on the front of the house froze and ruptured. 7. It was further determined that the spigot was installed incorrectly not allowing sufficient pitch for proper drainage, causing the pipe to hold water and become susceptible to freezing. 8. The aforesaid incident and the damages sustained by Plaintiffs were caused from the carelessness, recklessness, and negligence of Defendant Leggett individually and by the conduct of their employee, agent, servants, contractors, and/or subcontractors which included: a. failing to properly install the front exterior spigot; b. failing to provide the proper amount of pitch for the hose bib and spigot to avoid the collection of water, rending the pipe susceptible to freezing; C. failing to adequately inspect the incident situs prior to commencing work; d. failing to hire competent employees, agents, servants, inspectors, contractors, and/or subcontractors to perform work at the incident situs; e. failing to utilize appropriate equipment and materials to ensure the quality of the work; and 8. As a direct result of the carelessness, recklessness and negligence of Defendant Leggett, Plaintiffs Linda and Wassell Urenko incurred damages in the amount of $9,565.87 which includes property damage, clean up and replacement expenses. 9. A claim was submitted to and paid by Penn National Insurance in the amount of $9,565.87 WHEREFORE, Plaintiff demands judgment against Defendant Leggett Inc. in the amount of $9,565.87 together with interest and costs of suit. This is an amount requiring submission of this claim to arbitration pursuant to the local Rules of Court. GOLDBERG KATZMAN, P.C. By: (-?4 1 , P',' Je er E. Ruth, Esquire P ttorney ID #93960 Str berry Square 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff Penn National Insurance and Lynn T. Associates, LLC Date: July 22, 2010 VERIFICATION I, Jennifer L. Ruth, Esquire, attorney for Plaintiff, hereby acknowledge that I have prepared and read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. JENNIFER L. RUTH, ESQ. By: Date: July 22, 2010 180395.1 CERTIFICATE OF SERVICE I, hereby certify that on this date, I served the foregoing documents, via U.S. Mail, postage prepaid, on the persons set forth below, namely: Leggett Inc. 1989 Hummel Ave Camp Hill, PA 17011-5994 GOLDBERG KATZMAN, P.C. By: r-,4 k Jennif , Esquire Attorney I 93960 Attorney for laintiff DATE: July 23, 2010 1!'T1LES\CIients,.3050 Donegal?Curtent\631\3050.631.appearance.wpd Revised' 8.18110 11,42AM George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PENN NATIONAL INSURANCE a/s/o IN THE COURT OF COMMON PLEAS OF LINDA & WASSELL URENKO, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010-4901 CIVIL ACTION - LAW LEGGETT INC., Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of George B. Faller, Jr. and MARTSON LAW OFFICES on behalf of Defendant in the above matter. MARTSON LAW OFFICES By 11 A George B Faller, Jr., Es uir I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant I? Dated: August / ? 1 2010 0 0 4' . P ?c c? ? CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jennifer L. Ruth, Esquire Strawberry Square 320 Market Street, P.O. 1268 Harrisburg, PA 17108-1268 MARTSON LAW OFFICES By Slklly R. oks Ten East i Street Carlisle, P 17013 (717) 243-3341 Dated: August 11 '2010 F TILESVClients\3050 Donegal`.CurrentA631A3050.631. ANS Revised 8/30110 10.43AM George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant 1 h; CUM;- :?- k., - qNTY K. NSYLVANA PENN NATIONAL INSURANCE a/s/o LINDA & WASSELL URENKO, Plaintiff V. LEGGETT INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-4901 CIVIL ACTION - LAW Defendant JURY "TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT TO: PENN NATIONAL INSURANCE and LINDA & WASSELL URENKO, Plaintiffs, and their attorney, JENNIFER L. RUTH, ESQUIRE. AND NOW comes Defendant, Leggett Inc, by and through their attorneys, MARTSON LAW OFFICES and hereby responds to Plaintiffs' Complaint as follows: 1-2. After reasonable investigation answering Defendant is without knowledge or information in sufficient form or belief as to the truth or falsity of the averments contained in this paragraph. 3. ADMITTED. 4. DENIED pursuant to PA.RCP 1029(E). 5. ADMITTED. 6-9. DENIED pursuant to PA.RCP 1029(E). WHEREFORE, Defendant demands judgment in its favor and dismissal of Plaintiffs complaint with prejudice. MARTSONJ,' OFFICES By George B. Faller, Jr., Esqi I.D. No. 49813 tr Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: August J ?'? 1 2010 VERIFICATION I, Ernie Legggett, of Leggett, Inc., certify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. 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. Ernie Leggett CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jennifer L. Ruth, Esquire Strawberry Square 320 Market Street, P.O. 1268 Harrisburg, PA 17108-1268 MARTSON LAW OFFICES By S elly R. Bro ks Ten East Higk Street Carlisle, PA 17013 (717) 243-3341 Dated: August ? C _, 2010 Fi-OmcE Of THELP THONG ARY 2010 DEC -7 PM 4: 1 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN NATIONAL INSUR&UM AIPc "??*?r'*??...HH 2010-4901 aintiff NO. 20 VS. LEGGETT, INC. Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire , 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 $ 9,565.87 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: George B. Faller, Jr., Esquire and Jennifer L. Ruth, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ctfullyt' orge . Faller, Jr ORDER OF COURT AND NOW, petition, Esq., and ,200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. l',?? a33I ?/ /? le°tYJoZ Itl; By the Court, Kevin A. Hess, P.J. PENN NATIONAL INSURANCE, et. al. LEGGETT, INC Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 10 -4901 Civil Action - Law. Oath We 4o solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States he Constitution this Commonwealth and we will dis harge the duties of our office with fidelity. Q4atuWe r Signature Signature Joseph D. Buckley, Esquire Richard Koch, Esquire Name (Chairman) Law Firm 1237 Holly Pike Address Carlisle, PA 17013 City, Zip Name Law Firm 6 Clouser Road Address Mechanicsburg, PA 17055 City, Zip Name Law Firm Address 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.) W 1= F- Jd FfZ T-HE Ott ?'?/J?4uT- 0 ??lv?i P? /? -i•?,= Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: March 25, 2011 Date of Award: March 25, 2011 Notice of Entry of Award (Chairman) Now, the 055"k day of , 20 // , at le'.`37 , 4 M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr ' compensation to b aid upon appeal: $ 3-'50• 0e) By: Prothonotary Deputy OF T TARY The PROTHO"O 2411 MAR 25 AM tot 31 ?LVCOUNTY CUMBRYPE 31x-11, l?0 p cs ma, led ? c &egae 13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C a '+7 PENN NATIONAL INSURANCE a/s/o LINDA & WASSELL URENKO, z Plaintiff ; CA Q co z--n v. NO. 10-4901 CIVIL TERM DC XF3 LEGGETT INC., CIVIL ACTION - LAW -* wrn Defendant STIPULATION OF PARTIES AND NOW this 25 h day of March, 2011, counsel for the respective parties in this matter stipulate and agree that the Arbitration scheduled for March 25, 2011 at 9:00 AM may proceed with two rather than three arbitrators. 4 Jenn er uth, squir , ey for the Plaintiff Ge Ae. aller, Jr., Esquire, rney for the Defendant Jennifer L. Ruth, Esquire G LDBERG KATZMAN, PC P Box 1268 Harrisburg, PA 17108-1268 71 -234-4161 Att pmeys for Plaintiff OF r 1LEG-O r ICES. OF THE PRUTHq U T1#aF. ?D 11 APR 25 PM 3: 5 1 CUMBERLAND COUNTY PENNSYLVANIA N NATIONAL INSURANCE a/s/o IN THE COURT OF COMMON PLEAS ,1NDA & WASSELL URENKO, : CUMBERLAND COUNTY NO. 10-4901 Plaintiff CIVIL ACTION -LAW V. ETT INC, Defendant : JURY TRIAL DEMANDED LICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS T( THE PROTHONOTARY Notice is given that Plaintiff appeals from the award of the board of arbitrators in this case on March 25, 2011. A jury trial is demanded. I hereby certify that: (1) The compensation of the arbitrators has been paid. GOLD)IE , "TZMAN, PC By: Tenmtrket th, Esquire Attorn 93960 320 M re et; P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Plaintiff 0 GFru} S 350. oa ?d aar a# 140 7S7 ,zo a 57 3917 0 CERTIFICATE OF SERVICE I, hereby certify that on this date, I served the foregoing documents, via U.S. Mail, prepaid, on the persons set forth below, namely: Leggett Inc. 1989 Hummel Ave Camp Hill, PA 17011-5994 George B. Faller, Jr., Esquire 10 East High Street -arlisle, PA 17013 GOLDBERG KATZMAN, P.C. By Je L. h, E uire Attorney ID 9 60 Attorney for laintiff DATE: ?pri125, 2011 Jennifer L. Ruth, Esquire GOLDBERG KATZMAN, PC PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff FILED - 0 F F I lr"P 01F THE PROT1 ONO x"ARY 2011 SEP 15 Pfd 3: 13 CUMBERLAND COUNT V PENNSYLVANIA PENN NATIONAL INSURANCE a/s/o LINDA & WASSELL URENKO, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 'NO - : 0--4901 CIVIL ACTION -LAW LEGGETT INC, Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark this action settled and discontinued. Respectfully submitted, Jennifer L. Ruth, Esq. Goldberg, Katzman, P.C. PO Box 1260 Harrisburg, PA 17108 717-234-4161 Attorney ID # 93960 Counsel.for Plaint ff Date: September 14, 2011 f00563865;v I ) CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the following via first class mail: George B. Faller, Jr. Mattson Law Offices 10 East High Street Carlisle, PA 17013 Respectfully submitted, w Jennifer L. Ruth, Esq. Goldberg, Katzman, P.C. PO Box 1260 Harrisburg, PA 17108 717-234-4161 Attorney ID # 93960 Counsel for Plaintiff Date: September 14, 2011 {00563865;vI)