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Home My WebLink About11-7815NELSON LEVINE de LUCA & HORST;rLee I.. R0 jip, ' ,, ?YS FOR PLAINTIFF BY: RICHARD J. BOYD, JR., ESQUIRS I I OCIT 14 All 11: '%J': 1 IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 3" ,JCRLANa CpUp7'° BLUE BELL, PA 19422 PENNSYLVANIA (215) 358-5122 BRIAN L. CAREY 2 Wiltshire West Carlisle, PA 17015 Plaintiff(s) V. WILLIAM BAILEY 1 Wiltshire West Carlisle, PA 17015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION NO: ? (V NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the 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) a ? ILC'a-? Pd -I as ???loSa?3 S } NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 BRIAN L. CAREY 2 Wiltshire West Carlisle, PA 17015 Plaintiff(s) V. WILLIAM BAILEY 1 Wiltshire West Carlisle, PA 17015 ATTORNEYS FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION NO: COMPLAINT Plaintiff, Brian L. Carey, by and through his undersigned counsel, hereby demands judgment against defendant, and complains against him as follows: 1. Plaintiff, Brian L. Carey, is an adult individual and was, at all times relevant hereto, the owner and occupant of the property located at 2 Wiltshire West, Carlisle, PA 17015. 2. Defendant, William Bailey, was an adult individual and was, at all times relevant hereto, the occupant of the property located at 1 Wiltshire West, Carlisle, PA 17015 (hereinafter the "subject property"). 3. On or about August 15, 2010, a fire erupted in the subject property as a result of the careless disposal of smoking materials by Defendant, William Bailey. 4. The fire, which resulted in extensive damage to Plaintiffs' real and personal property, was directly and proximately caused by Defendant as is further and more fully described below. COUNT I- NEGLIGENCE PLAINTIFF vs. WILLIAM BAILEY 5. Plaintiff repeats the allegations set forth in the prior paragraphs of this Complaint as though they were set forth at length herein. 6. The aforementioned damages were the direct and proximate result of the negligence and carelessness of William Bailey for, among other reasons: a. improperly disposing of a smoking material at the subject premises; b. failing to take all precautions necessary under the circumstances to safeguard the premises from the risk of fire; and c. failing to properly extinguish his smoking materials in a safe and appropriate manner. 7. As a direct and proximate result of the negligence and carelessness of William Bailey, Plaintiff sustained and incurred damage to his real and personal property, as well as the imposition of additional expenses and hardships, in an amount not in excess of $50,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant, William Bailey, in an amount not in excess of $50,000.00, plus costs incident to this suit, delay damages and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HORST, LLC BY: Zi- A A J CHAR J O D, ., ESQUIRE ATTORNEYS FOR PLAINTIFF Dated: D l VERIFICATION I, FRANCIS GUILLEMETTE, do hereby state that I am a representative for ERIE INSURANCE EXCHANGE in the within action, and as such do hereby verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information 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. /O ANCIS GUILLEMETTE Dated: / SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson E.. ?? Sheriff ?'tr - yy?r Jody S Smith * Chief Deputy , } O C T 2 7 AM S:? ? Richard W Stewart Solicitor DFP,( E ?F nE : E Fsr= r- C .-V i Brian L. Carey Case Number vs. 2011-7815 William Lee Bailey SHERIFF'S RETURN OF SERVICE 10/19/2011 01:41 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 19, 2011 at 1341 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William Lee Bailey, by making known unto Robert Bailey, Brother of Defendant at 1 Wiltshire West, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. c LLIAM CLINE, DEPUTY SHERIFF COST: $34.00 October 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) Geun[ySuite Shea ff. Ieieosoft_ Irc. f NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 BRIAN L. CAREY Plaintiff(s) V. WILLIAM BAILEY Defendant(s) ATTORNEYS FOR PLAIFFc , v -?, < c - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION NO: 2011-7815 AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: Richard J. Boyd, Jr., Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above captioned matter and in such capacity did have Defendant, William Lee Bailey, served with a true and correct copy of the Complaint by way of the Sheriff's Office of Cumberland County. The Complaint was served on October 19, 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 Dated: (?L Jl l + BY: SQUIlZE RICHARD J. B kFORLAINTIFF 4ATTORNE EXHIBIT "A" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?4artitp of +!«u+r??b? Jody S Smith ??,?. Chief Deputy Richard W Stewart Solicitor 0MCE OF THE "ERIFF Brian L. Carey Case Number vs. 2011-7815 William Lee Bailey SHERIFF'S RETURN OF SERVICE 10/19/2011 01:41 PM - William Cline, Corporal, who being duly sworn according to law, states that on October 19, 2011 at 1341 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William Lee Bailey, by making known unto Robert Bailey, Brother of Defendant at 1 Wiltshire West, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. C LLIAM CLINE, DEPUTY SHERIFF COST: $34.00 October 21, 2011 SO ANSWERS, V+ RON R ANDERSON, SHERIFF (C) CountySuite Shenk TelecsoR. Inc. NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 BRIAN L. CAREY Plaintiff(s) V. WILLIAM BAILEY S ATTORNEYS FOR PLAINTIFF BRIAN L. CAREY C- r1-0 C7) mC ? --C-rt ;rrn s. ;C;* Ue rat .. W SQ IN THE COURT OF CO Nz CD-n Z r? PLEAS .q > CUMBERLAND COUNTY;J'A v M CIVIL ACTION NO: 11-7815 ANSWERS OF PLAINTIFF TO THE NEW MATTER OF DEFENDANT 8-13. Denied. These allegations all contain conclusions of law to which no responsive pleading is required. WHEREFORE, plaintiff demands that judgment be entered in his favor in accordance with his complaint. NELSON LEVINE de LUCA & HORST, LLC BY: J, M.'L 0"' & W-J-" RICHARD J. BUYD, JR., ESQUI ATTORNEYS FOR PLAINTIFF BRIAN L. CAREY Dated: December 21, 2011 VERIFICATION 1, RICHARD J. BOYD, JR., do hereby state that I am counsel for Plaintiffs in the within action, and as such do hereby verify that the statements made in the foregoing ANSWERS OF PLAINTIFF TO THE NEW MATTER OF DEFENDANT are true and correct to the best of my knowledge, information 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. 0, 4a- i RI HARD J. OYD, J . Dated: December 21, 2011 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 BRIAN L. CAREY Plaintiff(s) V. WILLIAM BAILEY ATTORNEYS FOR PLAINTIFF BRIAN L. CAREY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO: 11-7815 CERTIFICATE OF SERVICE I, Richard J. Boyd, Jr., Esquire, hereby certify that a true and correct copy of the ANSWERS OF PLAINTIFF TO THE NEW MATTER OF DEFENDANT was served on December 21, 2011, upon counsel listed below by United States Mail, postage prepaid. George B. Faller, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 NELSON LEVINE de LUCA & HORST, LLC '61111 1 /? -Al BY: RI HARD J. YD, JR., ESQ ATTORNEYS FOR PLAINTIFF BRIAN L. CAREY Dated: December 21, 2011 NELSON LEVINE de LUCA & HAMILTON BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-.5122 BRIAN L. CAREY Plaintiff(s) v. WILLIAM BAILEY Defendan ATTORNEYS FOR PLAINTIFF BRIAN L. CAREY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO: 11-7815 l'RAECIPE TO MARK SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly have the dockets reflect that the above-captioned case has been settled, discontinued and ended. NELSON LEVINE de LUCA & HAMILTON BY: ICHARD ~..BUYD, TTORNEYS FOR I AREY ., ESQUIRE ,INTIFF BRIAN L. Dated: October 25. 2012 NELSON LEVINE de LUCA & HAMILTON BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5122 BRIAN L. CAREY Plaintiff(s) v. WILLIAM BAILEY Defendants ATTORNEYS FOR PLAINTIFF BRIAN L. CAREY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO: 11-7815 CERTIFICATE OF SERVICE I, Richard J. Boyd, Jr., Esquire, hereby certify that a true and correct copy of the Praecipe to Mark Settled, Discontinued and Ended was served on October 25, 2012, upon counsel listed below by United States Mail, postage prepaid. George B. Faller, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 NELSON LEVINE de LUCA & HAMILTON BY: CHARD YD JR., ESQUIRE ATTORNEYS FOR PLAINTIFF BRIAI'~I L. CAREY Dated: October 25.2012