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HomeMy WebLinkAbout11-3308i NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN 370A Market Street Lemoyne, PA 17043 Plaintiff(s) V. BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 And SERVICE OIL COMPANY 3798 Paxton Street Harrisburg, PA 17111 And MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: C"? -:r Mca Z? Z? u,r ,moo "P, C) --e d ?O N co -c ?c ON Kindly issue a Writ of Summons commencing an action against the above-named Defendants. a (? ?? 73G'U Ptr# WsQK7 Date: 3 b ki / i NELSON LEVINE de LUCA & HORST, LLC BY: Vrl f VA A VIN M. MC ETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: //- j.?,k Cpl'//-l C -rD --4CD z-n co-n CDC) ern NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN 370A Market Street Lemoyne, PA 17043 Plaintiff(s) V. BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 And SERVICE OIL COMPANY 3798 Paxton Street Harrisburg, PA 17111 And MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: WRIT OF SUMMONS TO: BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED that the above Plaintiffs have commenced an action against you in the above litigation. DATED: BY THE PROTHONOTARY NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN 370A Market Street Lemoyne, PA 17043 Plaintiff(s) V. BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 And SERVICE OIL COMPANY 3798 Paxton Street Harrisburg, PA 17111 And MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: WRIT OF SUMMONS TO: SERVICE OIL COMPANY 3798 Paxton Street Harrisburg, PA 17111 YOU ARE HEREBY NOTIFIED that the above Plaintiffs have commenced an action against you in the above litigation. DATED: BY THE PROTHONOTARY NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN 370A Market Street Lemoyne, PA 17043 Plaintiff(s) V. BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 And SERVICE OIL COMPANY 3798 Paxton Street Harrisburg, PA 17111 And MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: WRIT OF SUMMONS TO: MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 YOU ARE HEREBY NOTIFIED that the above Plaintiffs have commenced an action against you in the above litigation. DATED i? BY THE PROTHONOTARY s r BY: 518 TO BLUE: (215) 3.' PATRI LEVINE de LUCA & HORST, LLC ATTORNEYS FOR PLAINTIFFS, IN M. MCBETH, ESQUIRE PATRICK MARTIN AND ANITA [CATION NO.: 91288 MARTIN YSHIP LINE ROAD, SUITE 300 LL, PA 19422 MARTIN AND ANITA MARTIN Plaintiff(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY Y And And CIVIL ACTION NO: 11-3308 CIVIL OIL COMPANY C) rna) =M 3?,. --0 n-3 M X,0 : 0 : -< rN3 =? . Cn XC D _ MHI PLUMBING PRAECIPE TO REISSUE WRIT OF SUMMONS TO TH19 PROTHONOTARY: y reissue the attached Writs of Summons with regard to the above captioned matter, the original of which was filed on March 28, 2011. NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS Date: t ??-l f w Alb fit) iqlk% I` 1l" PtW -7 U 8-7 ,Zip 3?y . NELSON LEVINE de LUCA & HORST, LLC BY: VIN M. MCBETH, ESQUIRE IDEN CATION NO.: 91288 518 T WNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 8-5109 PATRICK MARTIN AND ANITA MARTIN 370A arket Street Lemo ne, PA 17043 Plaintiff(s) I V. BEST WRAY 221 GI nside Avenue Camp Hill, PA 17011 And SERVICE OIL COMPANY 3798 axton Street Harrisburg, PA 17111 And MM LUMBING 60 St. drew Way Etters PA 17319 ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: WRIT OF SUMMONS DA' TO: MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 YOU ARE HEREBY NOTIFIED that the above Plaintiffs have commenced an action you in the above litigation. BY THE PROTHONOTARY t c-- r. v A?l . !r- ? :. WRIT OF SUMMONS TO: SERVICE OIL COMPANY 3798 Paxton Street Harrisburg, PA 17111 YOU ARE HEREBY NOTIFIED that the above Plaintiffs have commenced an action again?t you in the above litigation. BY THE PROTHONOTARY DAT D: BY: ` IDEN II 518 T N. BLUE 1 (215)3.18 PAT C 370A I%h Lemoy F 221 G1 Camp And LEVINE de LUCA & HORST, LLC IN M. MCBETH, ESQUIRE [CATION NO.: 91288 NSHIP LINE ROAD, SUITE 300 LL. PA 19422 MARTIN AND ANITA MARTIN ket Street PA 17043 Plaintiff(s) WRAY iside Avenue [ill. PA 17011 ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: SER CE OIL COMPANY 3798 axton Street Harri burg. PA 17111 And MHI LUMBING 60 St. Andrew Way Etters PA 17319 c- - C NELS N LEVINE de LUCA & HORST, LLC BY: VIN M. MCBETH, ESQUIRE IDEN IFICATION NO.: 91288 518 T WNSHIP LINE ROAD, SUITE 300 BLUE ELL, PA 19422 (215) 3 8-5109 PA CK MARTIN AND ANITA MARTIN 370A rket Street Lemo e, PA 17043 Plaintiff(s) •. BEST WRAY 221 G nside Avenue Camp Hill, PA 17011 And SER CE OIL COMPANY 3798, Street Harllaxton bure. PA 17111 And MW PLUMBING 60 St. Andrew Way Ette , PA 17319 ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: WRIT OF SUMMONS TO: BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED that the above Plaintiffs have commenced an action you in the above litigation. DA*D: -/ BY THE PROTHONOTARY < ? .. l , h r,, ?"1 r; !ti... ? ?., ? , h l/' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff .stir of 1unfi?rr ° rn o `' = _ Jody S Smith - - Chief Deputy p? 11 ` i Richard W Stewart Solicitor CC- Patrick Martin (et al.) vs. Case Number Service Oil Company (et al.) 2011-3308 SHERIFF'S RETURN OF SERVICE 05/31/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: MHI Plumbing, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of Summons according to law. 06/09/2011 05:46 PM - York County Return: And now June 9, 2011 at 1746 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: MHI Plumbing by making known unto Chris Murray, adult in charge for MHI Plumbing at 60 St. Andrew Way, Etters, Pennsylvania 17319 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 20, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF !o) C001TYSuite Shen't ie ensoft, Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration PATRICK MARTIN (et al.) Case Number vs. 11-3308 CIVIL BESTY WRAY (et al.) SHERIFF'S RETURN OF SERVICE 06109/2011 05:46 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE CHRIS MURRAY, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR MHI PLUMBING AT 60 ST. ANDREW WAY, ETTERS, PA 17319. O D TA L, DEPUTY SHERIFF COST: $39.32 June 15, 2011 SO RS, RICHARD P U RLEBER, SHERIFF - - -------------------- ----- - ------------------------------- - ------------- -------- --- ---- - ------------- - - NOTARY Affirmed and subscribed to before me this 15TH day of JUNE 2011 M H jog NV 106\m]?L- 01- (ci CourtySuite Sheriff Teleosoft ?ro LLISA L. THORPE, NOTARY PUBLIC TY OF YORK YORK COUNTY PAM(SSION EXPIRES AUG. 12, 2013 GREGORY E. CASSIMATIS, Esquire Attorney I.D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 DONALD M. DESSEYN, ESQUIRE Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 C c ZM M_ -t w o? s - zC,) x C -- oo ::0 PATRICK MARTIN AND ANITA MARTIN, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 11-3308 BETSY WRAY, SERVICE OIL COMPANY, : CIVIL ACTION - LAW and MHI PLUMBING, Defendants ATTORNEYS FOR DEFENDANT Betsy Wray JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Defendant, Betsy Wray, in the above-captioned matter. Date: 40?_Z/-/4 By: GregoryZX- assimatis, Esquire Donald A Desseyn, Esquire Attorneys for Defendant Betsy Wray CERTIFICATE OF SERVICE AND NOW, this 21" day of June, 2011, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Betsy Wray, certify that I served a copy of the within Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Kevin M. McBeth, Esquire NELSON LEVIN de LUCA & HORST, LLC 518 Township Line Road, Suite 30 Blue Bell, PA 19422 (Attorney for Plaintiffs) Service Oil Company 3798 Paxton Street Harri sburg, PA 17111 By: Grego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 I NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BESTY WRAY And SERVICE OIL COMPANY And MHI PLUMBING TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: AFFIDAVIT OF SERVICE 11-3308 CIVIL rn c_ "I t,r'? . y J ?f ? ? { J _? f a -. > c , Kevin M. McBeth, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiffs in the above captioned matter and in such capacity did have Defendant, MHI Plumbing, served with a true and correct copy of the Writ of Summons by way of the York County Sheriff. The Writ was served on the Defendant on June 9, 2011 as evidenced by the Sheriff's Return of Service, a copy of which is attached hereto as Exhibit "A". NELSON LEVINE de LUCA & HORST, LLC BY: ??UfiLl N- aaal- 1 KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS Dated: June 23, 2011 EXHIBIT "A" SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerieber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration PATRICK MARTIN (et al.) vs. Case Number BESTY WRAY (et al.) 11-3308 CIVIL SHERIFF'S RETURN OF SERVICE 06/09/2011 05:46 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY HANDING A TRUE COPY TO A PERSON R-E-PRE-SEt4-T-ING T-HEMSEL-V-ES-T-0-BI: GHRIS-MURK- Y?-VMG-4GG-EPT-EB-AS"A-DUL-T PERSON- IN CHARGE" FOR MHI PLUMBING AT 60 ST. ANDREW WAY, ETTERS, PA 17319. X O D S0 7A DEPUTY SHERIFF COST: $39.32 June 15, 2011 SO RS, P RICHARD P U RLEBER, SHERIFF -------------- -- ---------------------------- ------- - - --- ------- - -------- ----------- Affirmed and subscribed to before me this NOTARY 15TH day of JUNE 2011 M ?? (c) CountySuite Sheriff: Teleosoft, inc. LISA L. THORPE. NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12. 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy C°,?tp ?tub? Richard W Stewart Solicitor OFFICE OF THE SAERIFF Patrick Martin (et al.) vs. Case Number Service Oil Company (et al.) 2011-3308 - -SHERIFFS-RE-T--U -t+OF-rx Rb1CE--- - - 05/31/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: MHI Plumbing, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of Summons according to law. 06/09/2011 05:46 PM - York County Return: And now June 9, 2011 at 1746 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: MHI Plumbing by making known unto Chris Murray, adult in charge for MHI Plumbing at 60 St. Andrew Way, Etters, Pennsylvania 17319 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 20, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) GouritySuite Sheriff, Teleosoft. Inc. NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN 370A Market Street Lemoyne, PA 17043 Plaintiff(s) V. BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 And SERVICE OIL CO. 3798 Paxton Street Harrisburg, PA 17111 And MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 NOTICE D n ? o -0 - - :z X 4 6 -i 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 or 1-800-990-9108 (PA only) ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN 370A Market Street Lemoyne, PA 17043 Plaintiff(s) V. BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 And SERVICE OIL CO. 3798 Paxton Street Harrisburg, PA 17111 And MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 COMPLAINT Plaintiffs, by and through undersigned counsel, hereby demand judgment against defendant, and complain against them as follows: Plaintiffs, Patrick Martin and Anita Martin are adult individuals and were, at all times relevant hereto, the occupants of the property located at 370A Market Street, Lemoyne, PA 17043. 2. At all time relevant hereto, Defendant, Betsy Wray, (hereinafter "Wray") was, upon information and belief, the owner of the property located at 370A Market Street, Lemoyne, PA 17043 (hereinafter the "subject property") 3. At all times relevant hereto, Service Oil Company, (hereinafter "Service Oil") was, upon information and belief, a Pennsylvania corporation and was regularly conducting business in the Commonwealth of Pennsylvania, County of Cumberland. 4. At all times relevant hereto, Service Oil Company was, upon information and belief, in the business of, inter alia, selling, distributing, servicing, maintaining, repairing, and marketing, hot water heaters, including the hot water heater at issue in this case. 5. At all times relevant hereto, MHI Plumbing, (hereinafter ":MHI") was, upon information and belief, a Pennsylvania corporation and was regularly conducting business in the Commonwealth of Pennsylvania, County of Cumberland 6. At all times relevant hereto, MHI Plumbing was, upon information and belief, in the business of, inter alia, selling, distributing, servicing, maintaining, repairing, and marketing, hot water heaters, including the hot water heater at issue in this case (hereinafter "the product"). 7. On April 9, 2009, while at the subject property, Plaintiffs noticed water leaking through the ceiling tiles. Plaintiffs immediately contacted Wray about the leak and Wray went into the basement and shut off the hot water heater. 8. MHI, after being contacted by Wray, arrived at the subject property to repair the product. Prior to the repair being completed, MHI left the subject property to handle another service call. 9. Service Oil was then contacted by Wray and, after inspecting the product and ascertaining the problem, left the subject property. 10. Wray, the subsequently, turned on the water which resulted in extensive additional damage to Plaintiffs' personal property as well as the imposition of additional expenses and hardship besides. 11. The water damage was directly and proximately caused by Defendants as is further and more fully described below. COUNT I - NEGLIGENCE PLAINTIFFS v. BETSY WRAY 12. Plaintiffs repeat the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 13. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Wray, more specifically described as follows: a. failing to exercise reasonable care in the following manner: i. failing to maintain a safe, habitable premises; ii. failing to keep the product and/or its component parts in good working condition and order; failing to leave product turned off; and/or iv. failing to properly adhere to the warnings or instructions. b. improperly using the boiler. 14. As a direct and proximate result of such conduct, Plaintiffs sustained and incurred damage to their personal property, as well as the imposition of additional expenses and hardship, in an amount well in excess of $50,000.00. WHEREFORE, Plaintiffs respectfully request judgment against Defendant, Betsy Wray, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT II - NEGLIGENCE PLAINTIFFS v. SERVICE OIL 15. Plaintiffs repeat the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 16. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Service Oil, by and through its employees, agents, technicians, vendors, subcontractors, and/or servants, more specifically described as follows: a. Failing to exercise reasonable care in the performance of its duties, including but not limited to: i. failing to supervise and/or monitor the performance of the repair work, being performed at the subject property so as to ensure that it was completed in a safe manner; ii. failing to provide adequate, reasonable and necessary warnings or instructions so as to ensure the safety of the work being performed at the subject property; iii. failing to avoid or prevent unsafe conditions within the subject property; iv. failing to perform the aforementioned work in a safe and appropriate manner so as to avoid the risk of water damage. b. Failing to adequately instruct its servants, employees and agents as to the proper ways to perform the tasks and/or duties set forth in sub-paragraph (a) above; c. Failing to adequately warn Plaintiff of the unsafe conditions resulting from the careless and negligent failure to exercise reasonable care as set forth in sub- paragraph (a) above; d. Failing to provide, establish and/or follow adequate controls so as to ensure the proper performance of the tasks set forth in sub-paragraph (a) above; e. Failing to perform the tasks set forth in sub-paragraph (a) above in conformity with the prevailing industry and/or governmental customs, specifications and standards; f. Failing to train and/or supervise its servants, employees and/or agents in their performance of the tasks set forth in sub-paragraph (a) above; and g. Selecting and contracting with individuals and entities that were ill-trained, unprepared and/or unqualified to properly perform the tasks set forth in sub- paragraph (a) above. 17. As a direct and proximate result of such conduct, Plaintiffs sustained and incurred damage to their personal property, as well as the imposition of additional expenses and hardship, in an amount well in excess of $50,000.00. WHEREFORE, Plaintiffs respectfully request judgment against Defendant, Service Oil Co., individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT III - NEGLIGENCE PLAINTIFFS v. MHI 18. Plaintiffs repeat the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 19. The aforementioned damages were the direct and proximate result of the negligence and carelessness of MHI, by and through its employees, agents, technicians, vendors, subcontractors, and/or servants, more specifically described as follows: a. Failing to exercise reasonable care in the performance of its duties, including but not limited to: i. failing to supervise and/or monitor the performance of the repair work, being performed at the subject property so as to ensure that it was completed in a safe manner; ii. failing to provide adequate, reasonable and necessary warnings or instructions so as to ensure the safety of the work being performed at the subject property; iii. failing to avoid or prevent unsafe conditions within the subject property; iv. failing to perform the aforementioned work in a safe and appropriate manner so as to avoid the risk of water damage. b. Failing to adequately instruct its servants, employees and agents as to the proper ways to perform the tasks and/or duties set forth in sub-paragraph (a) above; c. Failing to adequately warn Plaintiff of the unsafe conditions resulting from the careless and negligent failure to exercise reasonable care as set forth in sub- paragraph (a) above; d. Failing to provide, establish and/or follow adequate controls so as to ensure the proper performance of the tasks set forth in sub-paragraph (a) above; e. Failing to perform the tasks set forth in sub-paragraph (a) above in conformity with the prevailing industry and/or governmental customs, specifications and standards; f. Failing to train and/or supervise its servants, employees anti/or agents in their performance of the tasks set forth in sub-paragraph (a) above; and g. Selecting and contracting with individuals and entities that were ill-trained, unprepared and/or unqualified to properly perform the tasks set forth in sub- paragraph (a) above. 20. As a direct and proximate result of such conduct, Plaintiffs sustained and incurred damage to their personal property, as well as the imposition of additional expenses and hardship, in an amount well in excess of $50,000.00. WHEREFORE, Plaintiffs respectfully request judgment against Defendant, MHI Plumbing, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HORST, LLC BY: I` - M, V4,fK KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: 91101 , 1 ' AUG. 9.2011 4:45PM SUBROGATION NO, 513 P. 4 (Q Zemi?'k ?1PC-3 .L, do hereby state that I am a rePrzsatatiVe for STATE FARM INSURANCE in the within action, and as such do hereby verify that the statements made in the foregoing CORM are true and correct to the best of my knowledge, b1formaWn and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa.C.S. $ 4904 relating to unworn falsification to authorities. Dated: 9-j -!1 t.e. Zervt.?? NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY V. BESTY WRAY AND SERVICE OIL CO. AND MHI PLUMBING CIVIL ACTION NO: 11-3308 CERTIFICATE OF SERVICE I, Kevin M. McBeth, Esquire, hereby certify that a true and correct copy of the Complaint was served on August 10, 2011, upon the following listed below by United States Mail, postage prepaid. Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Service Oil Co. 3798 Paxton Street Harrisburg, PA 17111 MHI Plumbing 60 St. Andrew Way Etters, PA 17319 NELSON LEVINE de LUCA & HORST, LLC BY: ?- -- M - dlrJA KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: djU j I I 11-016223 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Service Oil Co. PATRICK MARTIN AND ANITA MARTIN, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. BESTY WRAY AND SERVICE OIL CO. AND MHI PLUMBING, DEFENDANTS No. 11 -3308 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Service Oil Co. Respectfully submitted, Date: August 26. 2011 LAW OFFICE OF NYDER & DORER J nne E , Attorn of n ant, Service Oil Co. Court I.D. No. 5 453 11-016223 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Service Oil Co. PATRICK MARTIN AND ANITA MARTIN, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. BESTY WRAY AND SERVICE OIL CO. AND MHI PLUMBING, DEFENDANTS No. 11 - 3308 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for Defendant, Service Oil Co. herein, and that she caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Kevin M. McBeth, Esquire Nelson, Levine, deLuca & Horst, LLC 518 Township Line Road Suite 300 Blue Bell, PA 19422 Attorney for Plaintiff and Gregory E. Cassimatis, Esquire 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant, Besty Wray and MHI Plumbing 60 St. Andrew Way Ette rs, PA 17319 Date: August 26, 2011 DONALD M. DESSEYN, ESQUIRE Attorney I.D. # 69179 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 GREGORY E. CASSIMATIS, Esquire Attorney I.D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 A Wn HIN SERVICE MAY aM PATRICK MARTIN AND ANITA MARTIN, : IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA , _- v. No. 11-3308 , BETSY WRAY, SERVICE OIL COMPANY, : CIVIL ACTION - LAW ' and MHI PLUMBING, ., c] Defendants JURY TRIAL DEMANDED (Z) DEFENDANT'S, BETSY WRAY, ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P.1031.1 TO PLAINTIFF'S COMPLAINT Defendant, Betsy Wray, by and through her counsel hereby answers Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted with clarification. The Answering Defendant is also known as Betsy Wray DeStefano and Nana Wray DeStefano. 3. Admitted on information and belief. 4. Admitted on information and belief, however, it is believed that the claim at hand ATTORNEYS FOR DEFENDANT, Betsy Wray involved a boiler and not a hot water heater. 5. Admitted in part and denied in part. It is admitted upon information and belief that Defendant, MM Plumbing, was regularly conducting business in the Commonwealth of Pennsylvania, County of Cumberland. As to the allegations as to the corporate status of MHI Plumbing, after reasonable investigation the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of this assertion. 6. Admitted on information and belief, however, it is believed that the claim involved herein concerns a boiler and not a hot water heater. 7. It is admitted that the Plaintiffs contacted Answering Defendant about water leaking. It is admitted that Answering Defendant went into the basement and shut off two valves on the boiler. The remainder of the allegations is admitted on information and belief. 8. It is admitted that Defendant, MHI Plumbing, after being contacted by the Answering Defendant, arrived at the subject property to repair the product. It is also admitted that prior to the repair being completed, Defendant, MHI Plumbing, left the subject property. The remainder of the allegations is admitted on information and belief. 9. Denied as stated. It is denied that Defendant, Service Oil Company, was contacted after MHI Plumbing had been to the premises. On the contrary, Defendant, Service Oil Company was contacted and came to the subject property prior to Defendant, MHI Plumbing. 10. Denied. It is specifically denied that Defendant, Betsy Wray, subsequently turned on the water. The balance of the allegations constitutes legal conclusions to which no responsive pleading is required. By way of further answer, a Stipulation has been entered into limiting the Plaintiff's allegation of the imposition of additional expenses and hardship besides to Plaintiff's loss of income and earning capacity as a result of the water damage referenced in Plaintiff's Complaint. 2 11. Denied as a legal conclusion to which no responsive pleading is required. I. NEGLIGENCE PATRICK MARTIN AND ANITA MARTIN v. BETSY WRAY 12. Answering Defendant incorporates her answers to paragraphs 1 through 11 above as if fully set forth at length. 13(a).-(b). Denied pursuant to Pa.R.C.P. 1029(e) and as a legal conclusion to which no responsive pleading is required. To the extent a response is deemed required, these allegations are specifically denied. 14. Denied as a legal conclusion to which no responsive pleading is required. By way of further answer, a Stipulation has been entered into between the parties limiting Plaintiffs' allegation of additional expenses and hardship to Plaintiffs' loss of income and earning capacity as a result of the water damage as referenced in Plaintiff's Complaint. WHEREFORE, Defendant, Betsy Wray, demands judgment in her favor and against the Plaintiffs together with the costs of suit. II. NEGLIGENCE PATRICK MARTIN AND ANITA MARTIN v. SERVICE OIL COMPANY 15.-17. The allegations set forth in paragraphs 15 through 17 of Plaintiffs' Complaint are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Betsy Wray, demands judgment in her favor and against the Plaintiffs together with the costs of suit. 3 III. NEGLIGENCE PATRICK MARTIN AND ANITA MARTIN v. MHI PLUMBING 18.-20. The allegations set forth in paragraphs 18 through 20 of Plaintiffs' Complaint are addressed to a Defendant other than the Answering Defendant and, therefore, no response is required. WHEREFORE, Defendant, Betsy Wray, demands judgment in her favor and against the Plaintiffs together with the costs of suit. NEW MATTER 21. Plaintiffs' Complaint fails to set forth a cause of action upon which relief can be granted against the Answering Defendant. 22. The direct and proximate cause of damages suffered by Plaintiffs were not caused by any act or failure to act by the Answering Defendant. 23. Plaintiffs have failed to mitigate their damages as required by the laws of Commonwealth of Pennsylvania and, therefore, Plaintiffs' recovery is barred or substantially reduced. 24. Plaintiffs' claims are barred or limited by the comparative negligence of the Plaintiffs. 25. The damages as alleged by Plaintiffs were caused or contributed to, in whole or in part, by the negligence or lack of due care of persons, parties and/or entities other than the Answering Defendant and over whom the Answering Defendant had no control or right to control. 26. If the Answering Defendant was negligent in any respect as alleged in Plaintiffs' Complaint, all allegations being specifically denied, then the Answering Defendant's negligence 4 was passive and the damages sustained by Plaintiffs were the result of an intervening negligent act of a third person which was the superseding cause of these damages and, therefore, Answering Defendant is not liable. 27. Plaintiffs' claims are barred or otherwise limited by contract, specifically the lease agreement between the Plaintiffs and the Defendant. See unsigned lease agreement between the Answering Defendant and the Plaintiffs which is attached hereto, made a part hereof and marked as Exhibit "A" as the Answering Defendant is not in possession of a copy of the signed lease agreement. 28. The accident, which is the subject of this Complaint was caused by parties other than the Answering Defendant and for whose actions the Answering Defendant cannot be held responsible. WHEREFORE, Defendant, Betsy Wray, demands judgment in her favor and against the Plaintiffs together with the costs of suit. NEW MATTER PURSUANT TO Pa.R.C.P.1031.1 BETSY WRAY v. MHI PLUMBING & SERVICE OIL COMPANY 29. Paragraphs 1 through 28 above of the Answering Defendant's Answer with New Matter to Plaintiffs' Complaint are incorporated herein by reference as if fully set forth at length. 30. For purposes of this crossclaim, the allegations and counts against the respective parties as set forth in Plaintiffs' Complaint are incorporated herein by reference as if fully set forth at length without admission or adoption. 31. If the incorporated allegations in Plaintiffs' Complaint against Defendant, Betsy Wray, are proven at trial, then in that event, Defendants, MHI Plumbing and Service Oil 5 Company, are alone liable to Plaintiff or liable for contribution and/or indemnity to Defendant, Betsy Wray. WHEREFORE, Defendant, Betsy Wray, demands that any judgment entered in favor of the Plaintiffs in this action be entered solely against Defendants, MHI Plumbing, or Service Oil Company or, in the alternative, should judgment be entered against the Answering Defendant, Betsy Wray, then that judgment be entered in favor Defendant, Betsy Wray, and against Defendants MHI Plumbing and Service Oil Company, together with the costs of this action. .y; By: ?r Date: Id /f'-/( Donald esseyn, quire Attorney for Defendant, Betsy Wray 6 ?- COMMERCIAL LEASE Lemoyne, Cumberland County, Pennsylvania THIS COMMERCIAL LEASE (hereinafter called "Lease"), made this day of May, 2008, by and among Wray Music House Partnership, a Pennsylvania partnership (hereinafter called "Landlord"), and Anita Martin and Patrick Martin, Jr., adult individuals, doing business as New 2 U Consignments, jointly and severally (hereinafter called "Tenant"). WITNESSETH: Landlord hereby leases to Tenant and Tenant hereby lets from Landlord, in consideration for the rents and the covenants hereinafter provided, all that certain space (hereinafter called "Space") consisting of Two Thousand Five Hundred Fifty (2,550) square feet of space at street level of a commercial building (hereinafter called "Building") located at 370 Market Street, Lemoyne, Cumberland County, Pennsylvania. During the term hereof, Tenant shall have the right to use, in common with the Landlord and other tenants of Landlord, and provided that such use by Tenant does not unreasonably interfere with Landlord's or Landlord's other tenants' use thereof, the parking lot located behind the Building, and shall be entitled, consistent with municipal regulations, and at Tenant's own risk, to tastefully display wares on the concrete area in front of the Space, but in no event shall such wares block the sidewalk, or the passage of persons to and from the Building. Tenant shall at all times be respectful of the other occupants' parking needs and shall not unnecessarily waste parking spaces nor use the parking lot for the parking of vehicles overnight, advertizing its business, or otherwise storing vehicles on the property on which the Building is situated. Tenant acknowledges that the Space is in good order and repair and is leasing the Space "AS- IS." The term of this Lease shall be one (1) year, commencing on the first day of June, 2008 ("Term Commencement Date"), and ending on the 31st day of May, 2009, both days being inclusive, unless sooner terminated as hereinafter provided (hereinafter called "Term"). (a) Base Rent. Tenant shall pay as base rent for the Space during the Tenn hereof base rent in the amount of Twenty-Two Thousand Five Hundred Dollars ($22,500.00), payable in monthly installments of One Thousand Eight Hundred Seventy-five Dollars ($1,875.00) each, in advance, on the first day of each and every calendar month during the Term hereof, to Landlord or Landlord's duly authorized agent or representative. Unless and until otherwise notified by Landlord in writing, rental checks should be made payable to Wray Music House Partnership, and delivered to 221 Glenside Lane, Camp Hill, PA 17011. Tenant shall pay such base rent as set forth without notice or demand and without abatement, deduction or setoff. (b) Utility Cost. Tenant agrees to pay to Landlord, as utility cost for the Space, throughout the Tenn, any holdover tenancy, and any written extension tern, a proportionate share of utilities services not measured by a separate meter for the Space which are provided to Tenant and other tenants of the Building (the "Utility Cost"). The Utility Cost shall consist of the total amount invoiced to Landlord during the Term, any holdover tenancy, and any written extension term, of this Lease, for: (i) the Building's heat via fuel oil/steam radiators, and (ii) the Building's electricity (including but not limited to cooling of the Space via three (3) wall-mount air conditioning units). Tenant's share of the Utility Cost shall be determined on the basis of the negotiated percentage of utility usage for the Building which is hereby negotiated and agreed upon to be fifty percent (50%). Tenant shall pay its fifty percent (50%) share of such Utility Cost based upon copies of each bill received from Landlord therefore with the next monthly base rent installment due, or if there is no remaining monthly rent installment, within ten (10) days after demand therefor. Landlord shall not bill Tenant for such Utility Cost more often than monthly, attaching proof of invoices of such fuel oil and electricity bills in which the date of such invoices are during the Term, any holdover tenancy, or any written extension term, of this Lease. There shall be no discount or pro- ration on account of any electricity bill or fuel oil bill which is incurred by Landlord during the Term, any holdover tenancy, or any written extension term, of this Lease, notwithstand- ing the possibility that some amount of the electricity or fuel oil may be used during periods of time outside of the Term, holdover tenancy, or any written extension term, of this Lease, in recognition that certain amounts of electricity or fuel oil may be used by Tenant during the Tenn of this Lease which are invoiced to Landlord outside the Term, holdover tenancy, or any written extension term, of this Lease. The term "rent" as herein used shall include base rent and the Tenant's share of the Utility Cost, as well as the "additional rent" due under Paragraphs 10 and 15 of this Lease. 4. In the event that Tenant fails to pay all rent due (including Utility Cost and/or additional rent) by the fifth of any month, a late payment charge of $50.00 shall be due and shall be paid to Landlord with the next monthly rent installment. In the event that Tenant fails to pay all rent due (including Utility Cost and/or additional rent) by the tenth of any month, Landlord shall not be under any obligation to accept a late payment in order to cure the default. Payments, when received by Landlord, shall be first applied to delinquent rent charges, if any. 5. Tenant shall use the Space for the purpose of retail space for the consignment sale of baby clothes and furniture, and related administrative uses only, and shall not use the Space, Building, parking lot or other grounds for other uses. 5. Subject to the partial reimbursement of the Utility Costs by Tenant pursuant to paragraph 3(b) above, the following utilities and municipal services shall be paid and provided by either Landlord or Tenant as indicated: Heat via Fuel Oil/Steam Radiators Landlord Electricity Landlord Cooling via three (3) wall-mount air conditioning units Landlord Trash removal from exterior barrels Landlord Sanitary Sewer Landlord Real Estate Taxes Landlord Water Landlord Snow Removal Landlord Telephone Tenant Janitorial (within the Space) Tenant -2- The foregoing Landlord services, when required, shall be provided or performed during business hours unless a different time for such services is necessary. Because the thermostat setting affects other tenants of Landlord at the Building, Landlord shall be entitled to control the thermostat for the burning of oil, at Landlord's sole discretion. For purposes hereof, "business hours" shall mean Monday through Saturday, 10 a.m. to 6 p.m. Snow removal shall be provided by Landlord in a commercially reasonable manner as conditions warrant. Landlord reserves the right to stop or suspend any or all services in emergencies, or for purposes of repair, alteration or improvements and shall not be liable for any loss or damage suffered by Tenant as a result thereof. Except in case of an emergency, such stoppage or suspension shall only be for such period or periods of time as is or are reasonably required to make repairs, replacements, improvements and inspections. Except in case of emergency, Landlord shall give Tenant forty-eight (48) hours' prior notice of its intention to discontinue any service. Tenant shall endeavor to not waste oil, electricity or water. 7. Landlord shall not be liable for any damage or injury to Tenant, or any other person, or to any property, occurring at the Space, and tenant agrees to hold Landlord or Landlord's agents hanniess from any claims for damages, no matter how caused. Unless Landlord shall agree in writing to extend this Lease prior to the expiration date of the Lease, Tenant shall vacate and surrender the Space as of the date of expiration of the initial Term or any written extension term of this Lease, as applicable. A hold over by Tenant beyond the Tenn, or any written extension tern, of this Lease without Landlord's advance written consent may, at the option of the Landlord, be deemed an extension of this Lease on a month-to-month basis subject to the right of Landlord or Tenant to tenninate said month-to-month tenancy upon thirty (30) calendar days' prior written notice. The monthly base rent applicable to any hold over tenancy shall be 150% of the monthly base rent applicable to the Tern or written extension tern just ended, and the Tenant shall remain liable for the Utility Cost under Paragraph 3(b) and any additional rent elsewhere under this Lease, unless otherwise agreed by Landlord in writing. 9. Tenant shall make no alterations, additions or improvements in or about the Space without Landlord's prior written consent. Any alterations, additions or improvements made by Tenant and any fixtures installed as part thereof shall, at Landlord's option, become the property of Landlord upon the expiration or sooner termination of this Lease; provided, however, that Landlord shall have the right to require Tenant to remove such fixtures or improvements and repair any damage caused by such installation or removal, at Tenant's cost upon the expiration or sooner termination of this Lease. Tenant will not create or permit to be created or remain, and will discharge, any mechanic's, laborer's or materialman's lien which might be or become a lien, encumbrance or charge upon the Building or land upon which it sits or any part thereof arising from any construction, alteration or repair activity performed or contracted for by Tenant at the Space, and Tenant will not create any other matter or thing whereby the estate, rights and interest of Landlord in the Building or land on which it sits or any part thereof might be impaired. 10. No waste, damage or injury to the Space shall be committed, and upon the expiration or sooner termination of the Term or extension tern or month-to-month tenancy, as applicable, the Space shall be restored, at the option of Landlord, to the same condition in which it was at the Term Commencement Date, except that the Tenant's trade fixtures (clothing racks and displays) installed during a prior tern of tenancy shall also be removed by Tenant, and the cost of said restoration shall be paid by Tenant, which costs shall be treated as additional rent - 3 - due and owing under the terms of the Lease at the next monthly installment of base rent due under this Lease, or if there is no remaining base rent due under this Lease, then upon ten (10) days written demand for payment of same. This Paragraph is subject to the exception of ordinary wear and tear, and unavoidable damage by fire, elements, casualty, or other cause or happening not due to the negligence of Tenant, its agents, employees or guests. 11. Tenant shall keep and maintain the Space in good serviceable repair and condition, including plate glass, except for those items for which the Landlord is responsible hereunder. Tenant shall be responsible for periodically cleaning the filter(s) in the air conditioning units. Tenant shall not carry on any unlawful or immoral business or activity in or about the Space or Building, and shall not carry on any business which will endanger the Building from fire or cause a forfeiture of any fire insurance that Landlord has or may hereafter have on the Building. Tenant shall use every precaution against fire and shall prevent all activities which would cause a forfeiture of any fire insurance. Tenant shall not operate any machinery, equipment, appliances, or electronic devices that may be harmful to the Building or disturbing to other occupants of the Building nor place weights in any portion of the Space beyond the safe carrying capacity of the structure. Landlord shall repair any latent defects discovered during the term of occupancy which are reported to Landlord by Tenant. Landlord shall be responsible for the routine maintenance of the heating units, including periodic inspections. 12. Tenant shall not place any signs on the property on which the Building is situated, or upon the exterior of the Building, nor cause any lettering of any kind whatsoever to be placed upon the windows or glass panes of the Space, unless Tenant shall first have obtained the written consent of the Landlord, in Landlord's sole discretion. All such signs shall be in accordance with the municipal requirements. 13. Landlord and Landlord's duly authorized agents, contractors and employees may enter the Space at reasonable times during the Term and any written extension term or any month-to- month tenancy, if applicable, of this Lease for the purpose of inspecting the Space, making repairs to utilities or for other good reason. Landlord shall have the right during the last sixty (60) calendar days of the Term or any written extension term, or at any time during any month-to-month tenancy, as applicable, to show the Space to prospective tenants. The Space shall only have locks which can be opened with Landlord's master key or other key provided to Landlord by Tenant. 14. Landlord may from time to time establish reasonable rules and regulations for the safety, care and cleanliness of the Space and Building, and for the preservation of good order therein. Such rules and regulations shall, when notice thereof is given to Tenant, form a part of this Lease. No rule or regulation shall be contrary to the terms of this Lease or arbitrary, but shall be reasonable in every respect. Violations of Landlord's rules shall be immediately remedied by Tenant. Willful, repeated violations, or the failure of Tenant to remedy a violation in a timely manner after notice thereof, shall constitute a breach of this Lease. 15. All damages done to the Space by Tenant or Tenant's clerks, servants, agents, employees, visitors and individuals for whom Tenant is responsible, other than those caused by ordinary wear and tear, shall be repaired by Tenant at Tenant's expense. Tenant covenants and agrees to make such repairs upon twenty (20) days' written notice given to Tenant by Landlord, and if Tenant shall neglect to make said repairs or commence to make the same promptly or complete the same within twenty (20) days after receiving such notice, Landlord shall have -4- the right (but not the obligation) to make such repairs at the expense and cost of Tenant, and the amount thereof may be collected as additional rent accruing for the month following the date of the said repairs, and if said expense is made at the expiration of the Term or any written extension term or month-to-month tenancy, as applicable, then the cost so incurred may be collected by the Landlord as additional rent for the use of the Space during the Term, or any written extension term or month-to-month tenancy, as applicable, upon ten (10) days written notice of demand for such additional rent. 16. In the event of a partial destruction of the Space during the Tenn hereof, or any written extension tern, from any cause, Landlord shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this Lease, except that Tenant shall be entitled to a proportionate reduction of base rent and Utility Cost while repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Tenant at the Space. If such repairs cannot be made within such sixty (60) days, Landlord, at its option, may make the same within a reasonable time, this Lease continuing in effect with the base rent and Utility Cost proportionately abated as aforesaid, and in the event that Landlord shall not elect to make such repairs which cannot be made within said sixty (60) days, this Lease may be terminated at the option of either party. In the event that the Building in which the Space is located is destroyed to the extent of not less than one-third of the replacement cost thereof, Landlord or Tenant may terminate this Lease, whether the Space is damaged or not. A total destruction of the Building shall terminate this Lease. 17. If the Space or any part thereof or any estate therein, or any part of the Building materially affecting Tenant's use of the Space, shall be taken by eminent domain, this Lease shall terminate on the date when title vests pursuant to such taking. The rent, and any Utility Costs and/or additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Tenant. Tenant shall not be entitled to any part of the award for such taking or any payment in lieu thereof. 18. It hereby is expressly understood and agreed that in case Tenant shall use the Space for purposes other than as agreed herein without prior written consent of Landlord, or the Space shal l be deserted or vacated, or any default be made in the payment of the rent, or of any part thereof, as herein specified, and such default in the payment of the rent shall continue for ten (10) days, after payinent is due, or if default be made in any of the performances on the part of Tenant to be kept and performed, or if Tenant shall fail to comply with the provisions of this Lease or any of the statutes, ordinances, rules, orders, regulations and requirements of the federal, state and local governments, or of any and all of the departments and bureaus, applicable to the Space or Building, or if any Tenant herein or entity which such Tenant operates from the Space shall file or have filed against him or it a Petition under the Federal Bankruptcy Code or any similar law, state or federal, now or hereafter in effect, or if an Order for Relief is entered, or if any Tenant herein or entity which such Tenant operates from the Space shall make an assignment for the benefit of creditors, or shall take advantage of any insolvency, arrangement, reorganization, readjustment of debt, or liquidation law or statute of any jurisdiction, or if this Lease shall, by operation of law or otherwise, pass to any person other than Tenant, or if any execution shall be issued against any Tenant herein or entity which such Tenant operates from the Space or if a receiver or trustee in bankruptcy or a receiver or custodian of the property or substantial part of the property of any Tenant herein or entity which such Tenant operates from the Space shall be appointed in any suit or proceeding brought by or against any Tenant herein or entity which such Tenant operates -5- from the Space, then, and in each and every such case, if such shall continue for thirty (30) days after written notice thereof from Landlord to Tenant (unless no notice or cure period is required pursuant to the last sentence of this paragraph), (1) it shall be lawful for the said Landlord to terminate this Lease and to reenter the said Space and to repossess, to enjoy and to have the same again, with force or otherwise, (2) there shall become due the rent provided for herein for the full remaining then Term or any written extension term of this Lease, and (3) Tenant shall be deemed in default of its obligations hereunder for all purposes of an action in ejectment and a writ of execution may issue forthwith, with full release of damages. However, no written notice and/or thirty (30) day period shall be required in the event of change in use, desertion, vacation, failure to pay rent, default under paragraph 14 hereof, or the filing by Tenant herein or entity which such Tenant operates from the Space of a Petition under the Federal Bankruptcy Code or any similar law, state or federal. 19. This Lease shall be subject and subordinate at all times to the lien of the existing mortgages and any mortgage which hereafter may be made lien on the Space, Building or real estate upon which the Building is located. Although no instrument or act on the part of Tenant shall be necessary to effectuate such subordination, Tenant will, nevertheless, execute and deliver such further instruments subordinating this Lease to the lien of any such mortgage as may be desired by the mortgagee or mortgagees. 20. Tenant, upon paying such rent and performing the covenants and conditions of this Lease, on its part to be performed, shall and may peacefully and quietly have, hold and enjoy the Space for the Tenn and, if applicable, any written extension term, herein provided. Tenant shall endeavor to not disturb the Landlord or Landlord's other Tenants' use of the portions of the Building not designated as the Space leased to Tenant hereunder. 21. Tenant shall not assign this Lease or sublet or pen-nit the Space, or any part thereof, to be used by others without the prior written consent of Landlord in each instance. If this Lease is assigned, or the Space or any part thereof is occupied by anyone other than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, subtenant or occupant and apply the net amount collected to the rent herein reserved. No assignment, subletting, occupancy or collection of rent by Landlord from any assignee, subtenant or occupant shall be deemed a waiver of this covenant or acceptance of the assignee, subtenant or occupant as Tenant or a release of Tenant from further performance by Tenant of the covenants of this Lease. The consent by Landlord to an assignment or subletting shall not be construed to relieve Tenant from obtaining a consent in writing from Landlord to any further assignment or subletting. 22. Tenant shall, without charge, at the request of Landlord, from time to time, execute certificates to any mortgagee, assignee or purchaser of Landlord: A. That this Lease is unmodified and in full force and effect or, if there have been modifications, that the same is in full force and effect as modified and stating the modification or modifications; B. The dates, if any, to which rent or other charges, if any, hereunder have been paid in advance; C. Whether Landlord is or is not, as the case may be, in default of the performance of any of the covenants or conditions on Landlord's part to be performed; -6- I D. Such other pertinent information with respect to this Lease as Landlord may reasonably request. 23. Landlord shall keep the Building, including improvements, insured against damage and destruction by fire, earthquake, vandalism, and other perils in the amount of the full replacement value of the Building, as the value may exist from time to time. The insurance shall include an extended coverage endorsement to repair and restore the Building. 24. Tenant covenants and agrees to keep its interest as Tenant of the Space insured, at its sole cost and expense, against claims for personal injury or property damage under a policy of general tenant's public liability insurance and property damage in such reasonable amounts as Tenant may deem advisable, but not less than $1,000,000, and a $5,000 medical expense limit, which policies shall name Landlord and Tenant as the insureds. Tenant covenants and agrees to provide Landlord with appropriate evidence of coverage and payment of premiums therefor. The Certificate shall provide for a ten (10) day written notice to Landlord prior to the effectiveness of any cancellation or material change of coverage. To the maximum extent permitted by the terms of the insurance policies actually obtained by Landlord and Tenant, Landlord and Tenant, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. No waiver of subrogation shall be binding on the parties in the absence of such a provision in the applicable insurance policy. 25. Any notice to Tenant shall be deemed sufficiently given if such notice is in writing and delivered to either Anita Martin or Patrick Martin, Jr., in person, or mailed by Certified Mail to Tenant at the Building. Any notice to Landlord shall be deemed sufficiently given if such notice is in writing and delivered in person to Betsy Wray DeStefano, as the Landlord's agent, or mailed by Certified Mail to Landlord at the address set forth for the payment of rent, or to such other address as hereafter designated by Landlord in writing. 26. This Lease shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 27. Tenant shall, upon the expiration or sooner termination of the Term, any written extension term, or any month-to-month tenancy, promptly surrender and deliver the Space to Landlord without demand therefor in good condition, ordinary wear and tear excepted. Tenant shall remove or cause to be removed from the Space all personal property, trade fixtures and all other items which Tenant may be entitled to under the terms hereof. 28. The specified remedies to which the Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant of any provision or provisions of this Lease. The remedies provided to Landlord and Tenant under the tenns and conditions of this Lease shall survive the expiration and tenmination of this Lease. 29. This Lease contains the entire agreement between the parties and any executory agreements hereinafter made shall be ineffective to change, modify or discharge in whole or in part, unless such executory agreement is in writing and signed by Landlord and Tenant. No failure to enforce any term hereof shall be deemed a waiver. -7- 30. If any provision of this Lease shall be declared invalid or unenforceable, the remaining provisions of this Lease shall continue to remain in full force and effect. 31. Landlord acknowledges that it is holding a Security Deposit in the amount of Nine Hundred Thirteen Dollars and seventy-five cents ($913.75), to be held by Landlord throughout the Term of this Lease, and extension term, and any hold-over tenancy, as security for Tenant's performance of each and every covenant contained herein on the part of Tenant to be performed. Upon Tenant's default under any term or provision of this Lease, Landlord may apply the same toward curing such default and shall not thereby waive any right or remedy available to Landlord under this Lease or by law with respect to such default. In the event that all or any portion of the Security Deposit is so applied, then Tenant shall fully replenish the Security Deposit within ten (10) days thereafter. In all other events, said sum shall be returned to Tenant, without interest, within thirty (30) days following the expiration of the term of this Lease. Tenant agrees that Landlord may commingle the Security Deposit with other moneys of Landlord and that Landlord shall be entitled to retain all interest, if any, earned thereon. The security deposit provided for in this Lease shall not be used as a credit against the rent payable by Tenant for the last month of the Lease Term, and as provided above, may be utilized by Landlord in its efforts to restore the Space to satisfactory condition if the Space is returned to Landlord in a condition worse than caused by regular wear and tear. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date and year first above written. WRAY MUSIC HOUSE PARTNERSHIP By: Betsy Wray DeStefano, Agent "Landlord" Anita Martin Patrick Martin, Jr. "Tenant" -8- VERIFICATION I, Betsy Wray, a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer with New Matter to Plaintiffs Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. To the extent that the contents of this Answer with New Matter to Plaintiffs Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Name: /l `Betsy Wra CERTIFICATE OF SERVICE AND NOW, this %1' day of October, 2011, I, Donald M. Desseyn, Esquire, Attorney for Defendant, Betsy Wray, certify that I served a copy of the within Defendant, Betsy Wray's Answer with New Matter to Plaintiff's Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Kevin M. McBeth, Esquire NELSON LEVIN de LUCA & HORST, LLC 518 Township Line Road, Suite 30 Blue Bell, PA 19422 (Attorney for Plaintiffs) JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 (Attorney for Service Oil Company) MHI Plumbing 60 St. Andrew Way Etters, PA 17319 `.'- - By: a ..? Donald sseyn,Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 r (C1 r1.7 QD VJ Cn ., ..; PLAINTIFFS' ANSWER TO :Z! =' DEFENDANT, BETSY WRAY'S NEW MATTER 21-28. In accordance with Pa. R.Civ. P. 1029(c), all averments of the aforernentii ned Defendant are denied as conclusions of law, or as irrelevancies inappropriately raised as New Matter. Alternatively, if any of Defendant's New Matter averments are deemed not to be conclusions of law or irrelevancies, in accordance with Pa.R.Civ.P 1029(e), the answering Plaintiffs are, after reasonable investigation, without knowledge or information to form a belief as to the truth of the Defendant's averments and thus said averments are deemed denied. WHEREFORE, answering Plaintiffs demand that judgment be entered in their favor in accordance with their complaint. NELSON LEVINE de LUCA & HORST, LLC BY:Y KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: October 24, 2011 NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE. OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 CERTIFICATE OF SERVICE I, Kevin M. McBeth, Esquire, hereby certify that a true and correct copy of the Plaintiffs' Answer to Defendant, Betsy Wray's New Matter was served on October 24, 2011, upon counsel listed below by United States Mail, postage prepaid. Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 JoAnne E. Kinzel, Esquire Snyder and Dorer 214 Senate Avenue Suite 600 Camp Hill, Pa 17011-2382 MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: October 24. 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?, ? t 9t t? 4D }? ? t1 f Y 1;'? 9 775,1. Patrick Martin (et al.) I Case Number vs. 2011-3308 Service Oil Company (et al.) SHERIFF'S RETURN OF SERVICE 10/10/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Christopher P. Murray, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ to Join Additional Defendant according to law. 10/18/2011 04:39 PM - York County Return: And now October 18, 2011 at 1639 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Writ to Join Additional Defendant, upon the within named defendant, to wit: Christopher P. Murray by making known unto himself personally, at 60 St. Andrew Way, Etters, Pennsylvania 17319 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 25, 2011 Eo; CountySu4te Sheriff. TelocTott. Inr. SO ANSWERS, RON R ANDERSON, SHERIFF NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: r :. c Please enter a default judgment in favor of Plaintiffs and against Defendant, MHI Plumbing for failure to answer or otherwise respond to the Complaint. w? The Writ of Summons was properly served upon Defendant, MHI Plumbing on June 9, 2011. A true and correct copy of the Writ of Summons and Affidavit of Service are attached hereto as Exhibits "A" and "B", respectively. 2. The Complaint was properly served upon Defendant, MHI Plumbing on August 10, 2011. A true and correct copy of the Complaint and cover letter are attached hereto as Exhibit "C". C ; C: , 3. A Notice to Enter Default Judgment was served upon Defendant, MHI Plumbing, by certified mail, postage pre-paid, on October 15, 2011. A copy of the Notice is attached hereto as Exhibit "D". A copy of the Affidavit of Service of the Notice is attached hereto as Exhibit «E„ GSA s (y- °° P 6L a 104,9 p(4 a lv7 8301 4. Pursuant to the Notice, Defendant had ten (10) days in which to answer the Complaint. The ten (10) days expired on October 25, 2011, and no Answer or other pleading was filed. 5. Please enter Default Judgment in favor of Plaintiffs and against Defendant, MHI Plumbing, for want of an answer. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and/or to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached hereto as Exhibit "D" pursuant to Pennsylvania Rule of Civil Procedure 237.1. NELSON LEVINE DE LUCA & HORST, LLC By - 21-? k V, /I td VIN M. M ETH, ESQUIRE Attorney for Plaintiffs, Patrick Martin and / Anita Martin Date: t t ? 8 l/ 1 NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 PRAECIPE FOR JUDGMENT To the Prothonotary: Enter judgment in favor of Plaintiffs and against Defendant, MHI Plumbing for want of an answer. I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1. NELSON LEVINE DE LUCA & HORST, LLC By VIN M. MC ETH. ESQUIRE ATTORNEY FOR PLAINTIFFS NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 ORDER This 1-1 day of t%,) nV - , 2011, judgment is entered in favor of Plaintiff(s) and against Defendant, MHI Plumbing, by default for want of an answer. BY THE COURT: -V Mftb3 PRO ONOTARY NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING Defendant(s) ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 CERTIFICATE OF ADDRESSES I, Kevin M. McBeth, Esquire, hereby certify that to the best of my knowledge, information and belief the following are the correct addresses for Plaintiffs and Defendants: Plaintiffs: Patrick Martin and Anita Martin 370A Market Street Lemoyne, PA 17043 Defendant: BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 c/o Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Defendant: SERVICE OIL CO. 3798 Paxton Street Harrisburg, PA 17111 c/o JoAnne E. Kinzel, Esquire Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, Pa 17011-2382 Defendant: MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 NELSON LEVINE DE LUCA & HORST, LLC By ,.:..?rl. KIEVIN M. M BETH, ESQUIRE ATTORNEY FOR PLAINTIFFS NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of a Notice to Enter Default Judgment was furnished on October 15, 2011, by way of first class, postage prepaid and certified mail, return receipt requested to the following: MHI Plumbing 60 St. Andrew Way Etters, PA 17319 Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 JoAnne E. Kinzel, Esquire Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, Pa 17011-2382 NELSON LEVINE de LUCA & HORST, LLC BY: X.*, u KEVIN M. M BETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 1947,2 (215)358-5109 PATRICK MARTIN AND ANITA MARTIN 370A Market Street Lemoyne, PA 17043 . Plaintiff(s) V. BESTY-WRAY 221 Glenside Avenue Camp Hill, PA 17011 And SERVICE OIL COMPANY 3798 Paxton Street Harrisburg, PA' 17111 And MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 nofnndant(cl ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 1I-W3 0"" WRIT OF SUMMONS TO: MHI PLUMBING 60, St. Andrew Way Etters, PA 17319 YOU ARE HEREBY NOTIFIED that the above Plaintiffs have commenced an action against you in the above litigation. BY THE PROTHONOTARY f DATED; *4 C., t . a Zs NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BESTY WRAY And SERVICE OIL COMPANY And MHI PLUMBING ATTORNEYS FOR PLAINTIFFS, PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 CIVIL AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Kevin M. McBeth, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiffs in the above captioned matter and in such capacity did have Defendant, MHI Plumbing, served with a true and correct copy of the Writ of Summons by way of the York County Sheriff. The Writ was served on the Defendant on June 9, 2011 as evidenced by the Sheriff's Return of Service, a copy of which is attached hereto as Exhibit "A". NELSON LEVINE de LUCA & HORST, LLC BY: "'M - N&A KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS Dated: June 23, 2011 SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, 11 Chief Deputy, Administration PATRICK MARTIN (et al.) Case Number vs. BESTY WRAY (et al.) 11-3308 CIVIL SHERIFF'S RETURN OF SERVICE 06/0942011 05:46 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED WRIT OF SUMMONS (WOSM) BY HANDING A TRUE COPY TO A PERSON - -- ---- .---- -R€PR€SEL LMNG-T-MEMSELVES-T-O-B&GHRaS-MUR-R-A?WH9-AGGE?TEB,AS-"AD?PERSON-IN CHARGE" FOR MHI PLUMBING AT 60 ST. ANDREW WAY, ETTERS, PA 17319. X I\v&\ O D STA L, DE UTY SHERIFF COST: $39.32 June 15, 2011 SO RS, RICHARD P U LEBER, SHERIFF ------------------ ------------------------------------------------------------------------------------ ------------------------------ NOTARY Affirmed and subscribed to before me this 15TH day of JUNE 2011 (ci Co ntySJte Sheriff, Teleosott. Inc. LISA L. THORPE. NOTARY PUBLIC CITY OF YORK. YORK COUNTY MY cowiSSiON EXPIRES AUG. 12, 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?4?atp of ?umbcr?? Jody S Smith Chief Deputy Richard W Stewart Solicitor OF= of THE SKFUFF Patrick Martin (et al.) Case Number vs. Service Oil Company (et al.) 2011-3308 SHERiFFS-RETURWOF--S-ER'VIC-E------- -- ------ - 05/31/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: MHI Plumbing, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of Summons according to law. 06/09/2011 05:46 PM - York County Return: And now June 9, 2011 at 1746 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return that 1 served a true copy of the within Writ of Summons, upon the within named defendant, to wit: MHI Plumbing by making known unto Chris Murray, adult in charge for MHI Plumbing at 60 St. Andrew Way, Etters, Pennsylvania 17319 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, June 20, 2011 RON R ANDERSON, SHERIFF (c) CoamlygWe SherM, TeleosoR. Inc. 1 41 NELSON • LEVINE • de LUCA & HORST Diane B. Budman, Paralega A LIMTrED LIABILITY COMPANY Direct: 215.358.513 ATTORNEYS AT LAW dbudman@nldhlaw.con PHILADELPHIA CHERRY HILL COLUMBUS NEW YORK DENVER LONDON www.nldhlaw.com 518 Township Line Roa( Suite 30( Blue Bell, PA 1942: August 10, 2011 Phone: 215.358.510( Fax: 215.358.5101 Cumberland County Prothonotary 1 Courthouse Sq. Suite 100 Carlisle, PA 17013 Re: Martin v. Besty Wray, et al. CIVIL ACTION NO: 11-3308 Dear Sir/Madam: Enclosed please find the original and one (1) copy of a Complaint in the above-captioned matter. Kindly file the original and return a time stamped copy in the self-addressed, stamped envelope provided for your convenience. Thank you. Very truly yours, NELSON LEVINE de LUCA & HORST, LLC Diane B. Budman, Paralegal DBB/dbb Enclosure cc: Gregory E. Cassimatis, Esquire Service Oil Company NMI Plumbing NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN 370A Market Street Lemoyne, PA 17043 Plaintiff(s) V. BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 And SERVICE OIL CO. 3798 Paxton Street Harrisburg, PA 17111 And MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 NOTICE C') ra t C ? m3. "r_°. Zr7i c= ?. 7u -q c--, ?o =- =o C tU ?r:_ CD D Cn 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 or 1-800-990-9108 (PA only) ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN 370A Market Street Lemoyne, PA 17043 Plaintiff(s) V. BESTY WRAY 221 Glenside Avenue Camp Hill, PA 17011 And SERVICE OIL CO. 3798 Paxton Street Harrisburg, PA 17111 And MHI PLUMBING 60 St. Andrew Way Etters, PA 17319 ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 COMPLAINT Plaintiffs, by and through undersigned counsel, hereby demand judgment against defendant, and complain against them as follows: 1. Plaintiffs, Patrick Martin and Anita Martin are adult individuals and were, at all times relevant hereto, the occupants of the property located at 370A Market Street, Lemoyne, PA 17043. 2. At all time relevant hereto, Defendant, Betsy Wray, (hereinafter "Wray") was, upon information and belief, the owner of the property located at 370A Market Street, Lemoyne, PA 17043 (hereinafter the "subject property"). 3. At all times relevant hereto, Service Oil Company, (hereinafter "Service Oil") was, upon information and belief, a Pennsylvania corporation and was regularly conducting business in the Commonwealth of Pennsylvania, County of Cumberland. 4. At all times relevant hereto, Service Oil Company was, upon information and belief, in the business of, inter alia, selling, distributing, servicing, maintaining, repairing, and marketing, hot water heaters, including the hot water heater at issue in this case. 5. At all times relevant hereto, MHI Plumbing, (hereinafter "MHI") was, upon information and belief, a Pennsylvania corporation and was regularly conducting business in the Commonwealth of Pennsylvania, County of Cumberland 6. At all times relevant hereto, MHI Plumbing was, upon information and belief, in the business of, inter alia, selling, distributing, servicing, maintaining, repairing, and marketing, hot water heaters, including the hot water heater at issue in this case (hereinafter "the product") 7. On April 9, 2009, while at the subject property, Plaintiffs noticed water leaking through the ceiling tiles. Plaintiffs immediately contacted Wray about the leak and Wray went into the basement and shut off the hot water heater. 8. MHI, after being contacted by Wray, arrived at the subject property to repair the product. Prior to the repair being completed, MHI left the subject property to handle another service call. 9. Service Oil was then contacted by Wray and, after inspecting the product and ascertaining the problem, left the subject property. 10. Wray, the subsequently, turned on the water which resulted in extensive additional damage to Plaintiffs' personal property as well as the imposition of additional expenses and hardship besides. 11. The water damage was directly and proximately caused by Defendants as is further and more fully described below. COUNT I - NEGLIGENCE PLAINTIFFS v. BETSY WRAY 12. Plaintiffs repeat the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 13. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Wray, more specifically described as follows: a. failing to exercise reasonable care in the following manner: i. failing to maintain a safe, habitable premises; ii. failing to keep the product and/or its component parts in good working condition and order; iii. failing to leave product turned off; and/or iv. failing to properly adhere to the warnings or instructions. b. improperly using the boiler. 14. As a direct and proximate result of such conduct, Plaintiffs sustained and incurred damage to their personal property, as well as the imposition of additional expenses and hardship, in an amount well in excess of $50,000.00. WHEREFORE, Plaintiffs respectfully request judgment against Defendant, Betsy Wray, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT II - NEGLIGENCE PLAINTIFFS v. SERVICE OIL 15. Plaintiffs repeat the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 16. The aforementioned damages were the direct and proximate result of the negligence and carelessness of Service Oil, by and through its employees, agents, technicians, vendors, subcontractors, and/or servants, more specifically described as follows: a. Failing to exercise reasonable care in the performance of its duties, including but not limited to: i. failing to supervise and/or monitor the performance of the repair work, being performed at the subject property so as to ensure that it was completed in a safe manner; ii. failing to provide adequate, reasonable and necessary warnings or instructions so as to ensure the safety of the work being performed at the subject property; iii. failing to avoid or prevent unsafe conditions within the subject property; iv. failing to perform the aforementioned work in a safe and appropriate manner so as to avoid the risk of water damage. b. Failing to adequately instruct its servants, employees and agents as to the proper ways to perform the tasks and/or duties set forth in sub-paragraph (a) above; c. Failing to adequately warn Plaintiff of the unsafe conditions resulting from the careless and negligent failure to exercise reasonable care as set forth in sub- paragraph (a) above; d. Failing to provide, establish and/or follow adequate controls so as to ensure the proper performance of the tasks set forth in sub-paragraph (a) above; e. Failing to perform the tasks set forth in sub-paragraph (a) above in conformity with the prevailing industry and/or governmental customs, specifications and standards; f. Failing to train and/or supervise its servants, employees and/or agents in their performance of the tasks set forth in sub-paragraph (a) above; and g. Selecting and contracting with individuals and entities that were ill-trained, unprepared and/or unqualified to properly perform the tasks set forth in sub- paragraph (a) above. 17. As a direct and proximate result of such conduct, Plaintiffs sustained and incurred damage to their personal property, as well as the imposition of additional expenses and hardship, in an amount well in excess of $50,000.00. WHEREFORE, Plaintiffs respectfully request judgment against Defendant, Service Oil Co., individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT III - NEGLIGENCE PLAINTIFFS v. MHI 18. Plaintiffs repeat the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 19. The aforementioned damages were the direct and proximate result of the negligence and carelessness of N4HI, by and through its employees, agents, technicians, vendors, subcontractors, and/or servants, more specifically described as follows: a. Failing to exercise reasonable care in the performance of its duties, including but not limited to: i. failing to supervise and/or monitor the performance of the repair work, being performed at the subject property so as to ensure that it was completed in a safe manner; ii. failing to provide adequate, reasonable and necessary warnings or instructions so as to ensure the safety of the work being performed at the subject property; iii. failing to avoid or prevent unsafe conditions within the subject property; iv. failing to perform the aforementioned work in a safe and appropriate manner so as to avoid the risk of water damage. b. Failing to adequately instruct its servants, employees and agents as to the proper ways to perform the tasks and/or duties set forth in sub-paragraph (a) above; c. Failing to adequately warn Plaintiff of the unsafe conditions resulting from the careless and negligent failure to exercise reasonable care as set forth in sub- paragraph (a) above; d. Failing to provide, establish and/or follow adequate controls so as to ensure the proper performance of the tasks set forth in sub-paragraph (a) above; e. Failing to perform the tasks set forth in sub-paragraph (a) above in conformity with the prevailing industry and/or governmental customs, specifications and standards; f. Failing to train and/or supervise its servants, employees and/or agents in their performance of the tasks set forth in sub-paragraph (a) above; and g. Selecting and contracting with individuals and entities that were ill-trained, unprepared and/or unqualified to properly perform the tasks set forth in sub- paragraph (a) above. 20. As a direct and proximate result of such conduct, Plaintiffs sustained and incurred damage to their personal property, as well as the imposition of additional expenses and hardship, in an amount well in excess of $50,000.00. WHEREFORE, Plaintiffs respectfully request judgment against Defendant, MHI Plumbing, individually, jointly, severally and/or otherwise in an amount in excess of $50,000.00, plus costs incident to this suit, delay damages, and attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HORST, LLC BY: M. Wwt3. KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: 81to 111 ! AUG. 9.2011 4:45PM SUBROGATION NO. 513 P. 4 XATION 04U 2emla' do hereby state that I am a repa,scntadve for STATE FARM INSURANCE in the widths action, and as such do hereby verify that the statements wade in the foregoing CONM-A M are true and correct to the best of my lanowledge, irzforlnation and belief. The Undersigned understands that the statements therein are made subject to penalties of 18 Pa.C.S. § 4904 relating to unswam Wsification to authorities. Dated_ lli' dl opiqu- 2 ? NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BESTY WRAY AND SERVICE OIL CO. AND MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 CERTIFICATE OF SERVICE I, Kevin M. McBeth, Esquire, hereby certify that a true and correct copy of the Complaint was served on August 10, 2011, upon the following listed below by United States Mail, postage prepaid. Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Service Oil Co. 3798 Paxton Street Harrisburg, PA 17111 MHI Plumbing 60 St. Andrew Way Etters, PA 17319 NELSON LEVINE de LUCA & HORST, LLC BY: ?\- * KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: F{Iu I NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 IMPORTANT NOTICE TO: MHI Plumbing 60 St. Andrew Way Etters, PA 17319 DATE: October 13, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)249-3166 or 1-800-990-9108 (PA only) NELSON LEVINE de LUCA & HORST, LLC BY: lam. KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK Dated: 10/13/2011 MARTIN AND ANITA MARTIN NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 CERTIFICATE OF SERVICE I, Kevin M. McBeth, Esquire, hereby certify that a true and correct copy of the 10 Day Default Notice was served on October 13, 2011, upon counsel listed below by United States Mail, postage prepaid. Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 JoAnne E. Kinzel, Esquire Snyder and Dorer 214 Senate Avenue Suite 600 Camp Hill, Pa 17011-2382 MHI Plumbing 60 St. Andrew Way Etters, PA 17319 NELSON LEVINE de LUCA & HORST, LLC BY: 64ic'-, V-Vl - KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: October 13, 2011 NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-330§ ?r m ca ..,? D= rv c, i C-) C r%) AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Kevin M. McBeth, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiffs in the above captioned matter and in such capacity did have Defendant, MHI Plumbing, served with a true and correct copy of the Notice of Intent to Take Default Judgment by way of certified mail, return receipt number 7010 3090 0000 3281 2244. The Notice was acknowledged by Defendant as being received on October 15, 2011 as evidenced by the executed return receipt card, a copy of which is attached hereto as Exhibit "A". NELSON LEVINE de LUCA & HORST, LLC BY: Vwtf IVY. &" KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: November 2, 2011 NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 CERTIFICATE OF SERVICE I, Kevin M. McBeth, Esquire, hereby certify that a true and correct copy of the Affidavit of Service was served on November 2, 2011, upon counsel listed below by United States Mail, postage prepaid. Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 JoAnne E. Kinzel, Esquire Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, Pa 17011-2382 MHI Plumbing 60 St. Andrews Way Etters, PA 17319 NELSON LEVINE de LUCA & HORST, LLC BY: " 1111, A KEVIN M. MCBETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: November 2, 2011 IFirst-CIMS Mail Y • UM1TEC STATES POSTAL SERVICE Posta9a & Fees Paid USPS P No. Cr 10 4 1 • Sender. Please print your name. address, and ZIP+4 in this box • HORST 14EISo N tt"LAX E U LUCA ' 4 518 ruVTE app 3EU, PA 19422 { I 1 1 ii tt??}} i yy yy t 1 tt 11 j ii hill, 1 11 1 •?I Iif 119??s?i1?i€r ??r?'t?? r? fly! r?l?iiy? ltli?i?,i?? ? ? N Corro'ste home 1.2. and 3. Also c6iriplete A i item 4 N Restricted Delivery is desked. 0 Agent i a Print yo u'. name and address on the reverse O Addressee 'j so that we can return the card to you. teoeived B Narne) III Attach this card to the back of the maiipiece, f `? i or on the fmM if space permits 0. IS WIVOY d itEeient flan 1? D Yes 1. Article Addressed to. f ` H YES, enter delivery address below: 0 No S 7111 t??,vn?•?t ' ; 0 Certified Mad 0 Express Mad 0 fiegi WW 0. Return Receipt for Mwdwxfte ? Insured Mad 0 C.O.D. 4. Restricted Delivery? {rxtm Fee) ? Yes i 2. Artide I .. ,7 10 30911 00011 3281 2244 ? PS Form 3811, February 200:.4; Dai*stic Retu rn Receipt tozsM-a¢ -W1540 NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Praecipe to Enter Default Judgment was served on November i , 2011 by first class mail, to the following: MHI Plumbing 60 St. Andrew Way Etters, PA 17319 Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 JoAnne E. Kinzel, Esquire Snyder & Dorer 214 Senate Avenue Suite 600 Camp Hill, Pa 17011-2382 NELSON LEVINE de LUCA & HORST, LLC Dated: //A / t BY: --:•:. W. KEVIN M. M BETH, ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 PATRICK MARTIN AND ANITA MARTIN Plaintiff(s) V. BETSY WRAY SERVICE OIL COMPANY MHI PLUMBING ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 11-3308 NOTICE OF ENTRY - JUDGMENT Pursuant to requirements of Pennsylvania Rule of Civil Procedure Rule 236, you are notified that there was entered in this office today, in the above-captioned case. Judgment of $ for Plaintiff and against Defendant, MHI Plumbing. Judgment by Default. BY THE UR PRO NOTARY Date: 'LED-0 !0i:' 11-016223 , ' 'f)'j LJ9 I- LAW OFFICE OF SNYDER & DORE 214 Senate Avenue, Suite 600 PH 2. I Camp Hill, PA 17011 CUM,BERLP u c0+f'y i Telephone Number: (717) 731-0988 PENNSYLVANIA. Attorneys for Defendant, Service Oil Co. PATRICK MARTIN AND ANITA MARTIN, PLAINTIFFS VS. BESTY WRAY AND SERVICE OIL CO. AND MHI PLUMBING, DEFENDANTS jr y' o f X N, ,,., ?-* 0?t* glQ-79-7j- P-4 6.71 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 11 -3308 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO DISMISS TO THE PROTHONOTARY: Upon consideration of the within Stipulation to Dismiss Service Oil Co. as a Party to this Action signed by counsel for the parties hereto, kindly dismiss Defendant, Service Oil Co., as a party to this action; and have the caption of the case to be revised as follows: Patrick Martin and Anita Martin v. Betsy Wray and MHI Plumbing. Respectfully submitted, Date: March 23, 2011 LAW OFFI9E NYDER & DORER } JoAnne e i Attorn for Defendant, Service Oil Co. Court 1 . No. 55453 11-016223 LAW OFFICE OF SNYDER $ DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Service Oil Co. PATRICK MARTIN AND ANITA MARTIN, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. BESTY WRAY AND SERVICE OIL CO. AND MHI PLUMBING, DEFENDANTS No. 11 -3308 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO DISMISS SERVICE OIL CO. AS A PARTY TO THIS ACTION It is hereby stipulated by and between the parties to this action, acting through their counsel of record, that Defendant Service Oil Co. shall be, and is hereby, dismissed as a party to this action, and that all claims, crossclaims, and counterclaims asserted against Service Oil or by Service Oil are likewise dismissed. Defendant MHI Plumbing has not entered an appearance and has not asserted any claim against Service Oil Co. This Stipulation to Dismiss is valid whether executed in counterparts or with a single, unified signature page. SIGNATURE PAGE TO STIPULATION TO Dismiss SERVICE OIL CO. Date CSeec???cwhJ .) Kevin M. McBeth, Esquire Attorney for Plaintiffs Date 3 19, /Z Date: 3 Grego . Cassimatis, Esquire Attorney for Defendant, Betsy Wray JoAnn inzel,Esquire Attorney o Defendant, Service Oil Co. SIGNATURE PAGE TO STIPULATION TO DISMISS SERVICE OIL CO. Date 3 iI 1 a Date Date: Kevin M. McB th, Esquire Attorney for Plaintiffs _ bs ,ee cxk6cktA P&-y-,) Gregory E. Cassimatis, Esquire Attorney for Defiant, Betsy Wray uo t:. r ? Faire Attorne fo a endant, Service Oil Co. 11-016223 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 600 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Service Oil Co. PATRICK MARTIN AND ANITA MARTIN, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. BESTY WRAY AND SERVICE OIL CO. AND MHI PLUMBING, DEFENDANTS No. 11 -3308 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for Defendant, Service Oil Co. herein, and that she caused a true and correct copy of the attached Praecipe to Dismiss to be served by regular first class mail upon: Kevin M. McBeth, Esquire Nelson, Levine, deLuca & Horst, LLC 518 Township Line Road Suite 300 Blue Bell, PA 19422 Attorney for Plaintiff and Gregory E. Cassimatis, Esquire 4999 Louise Drive Suite 103 Mechanicsburg, PA 17055 Attorney for Defendant, Besty Wray and MHI Plumbing 60 St. Andrew Way Etters, PA 17319 Date: March 23, 2012 PRNELSON LEVINE de LUCA & ATTORNEYS FOR PLAINTIFFS HAMILTON PATRICK MARTIN AND ANITA BY: KEVIN M. MCBETH,ESQUIRE MARTIN IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL,PA 19422 (215)358-5109 PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS Plaintiff(s) CUMBERLAND COUNTY V. CIVIL ACTION NO: 11-3308 r. BETSY WRAY MHI PLUMBING =M-w r Defendants w af-r: PRAECIPE TO SETTLE,DISCONTINUE AND END AND MARK JUDGMENT SATISFIED 17 TO THE PROTHONTARY: cry Please mark the above captioned matter as Settled, Discontinued and Ended as to all defendants and mark the Judgment against Defendant MHI Plumbing as satisfied. NELSON LEVINE de LUCA & HAMILTON BY: �--• KEVIN M. MCBEAfH,ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN NELSON LEVINE de LUCA& HAMILTON ATTORNEYS FOR PLAINTIFFS BY: KEVIN M. MCBETH, ESQUIRE PATRICK MARTIN AND ANITA IDENTIFICATION NO.: 91288 MARTIN 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215)358-5109 PATRICK MARTIN AND ANITA MARTIN COURT OF COMMON PLEAS Plaintiff(s) CUMBERLAND COUNTY V. CIVIL ACTION NO: 11-3308 BETSY WRAY MHI PLUMBING Defendant(s) CERTIFICATE OF SERVICE I, Kevin M. McBeth, Esquire, hereby certify that a true and correct copy of the Praecipe to Settle, Discontinue and End and Mark Judgment Satisfied was served on the date shown below,upon counsel and parties listed below by United States Mail, postage prepaid. Gregory E. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 MHI Plumbing 60 St. Andrews Way Etters, PA 17319 NELSON LEVINE de LUCA & HAMILTON BY: VIN M. MCB ILTH,ESQUIRE ATTORNEYS FOR PLAINTIFFS PATRICK MARTIN AND ANITA MARTIN Dated: ' a o G 3