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Home My WebLink About12-4138F:\dlb\Litigation\Lebanon Valley Insurance Company\Cberokee\Complaint-Cherokee.doc - 6/28/12 9:20 AM FILED- n u,iw. THE R TF>WTARY Z012 JUL -2 PM 1:27 CSR MNO cowtY PENN YLYANIA TIMOTHY J. HUBER, ESQUIRE Attorneys for Plaintiff Attorney I.D. #47231 KELLI METZGER KNERR, ESQUIRE Attorney I.D. #311271 BUZGON DAVIS LAW OFFICES 525 South Eighth Street - Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: huber(&buzgondavis.com knerr(abuz og ndavis.com LEBANON VALLEY INSURANCE : IN THE COURT OF COMMON PLEAS OF COMPANY, subrogee of Cherokee Investment Group CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA VS. CIVIL ACTION - LAW BRENDA STRAIT, ; NO. 2012 - J 3 ;<< Defendant COMPLAINT 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& Q C?6 3q 56 cra 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 other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT .AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association, 32 South Bedford Street Carlisle, Pennsylvania Telephone number 717-249-3166 AND NOW, comes the Plaintiff, Lebanon Valley Insurance Company, by its attorneys, Buzgon Davis Law Offices, and file the within Complaint, averring as follows: 1. Plaintiff, Lebanon Valley Insurance Company, is a Pennsylvania corporation with its principal place of business located at 137 West Penn Avenue, Cleona, Lebanon County, Pennsylvania, 17042. 2. Defendant, Brenda Strait, is an adult individual who currently resides at 65 West King Street, Apartment 1, Shippensburg, Cumberland County, Pennsylvania, 17257. -2- 3. Plaintiff issued a policy of insurance covering the three-story, five apartment structure located at 130 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania, 17257, which is owned by Cherokee Investment Group. 4. Pursuant to a lease agreement, Cherokee Investment Group leased apartment four (4) of 130 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania, 17257, to Defendant, Brenda Strait. 5. On January 16, 2012, Defendant ignited the stove in apartment four (4) at 130 East Garfield Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 6. On January 16, 2012, Defendant allowed the stove to be unattended. 7. The unattended stove ignited a fire that spread throughout the structure. 8. As a result of the fire at 130 East Garfield Street, the structure sustained fire, smoke, and water damage. 9. Plaintiff paid its insured the sum of Three Hundred Twenty-Three Thousand Five Hundred Seventy-Eight Dollars and Sixty-Seven Cents ($323,578.67). 10. Defendant was negligent in the following actions: (a) Defendant allowed the stove to remain in the on position while unattended; (b) Defendant failed to take proper precautions in turning the stove off before leaving the stove unattended; (c) Defendant failed to take steps to prevent the fire; and (d) Defendant caused and failed to extinguish the fire, thus allowing the fire to engulf the building at 130 East Garfield Street, Shippensburg, -3- Cumberland County, Pennsylvania, and causing damage to the structure. 11. Defendant was the actual and proximate cause of the fire damage. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter judgment in its favor and against Defendant in the amount of Three Hundred Twenty-Three Thousand Five Hundred Seventy-Eight Dollars and Sixty-Seven Cents ($323,578.67) plus interest and costs of suit. BUZGON DAVIS LAW OFFICES BY: tjj? 046?CKA_ Timothy J. Hu er, Esquire Attorney I.D. #47231 Kelli Metzger Knerr, Esquire Attorney I.D. # 311271 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: huber buzgondavis.com knerr(a,buzgondavis. com Attorneys for Plaintiff -4- CY?etz.??e? VERIFICATION STEVEN RICHART does hereby verify that he is the Senior Claims Examiner of Lebanon Valley Insurance Company, Plaintiff in the within action, and that the facts set forth in the foregoing COMPLAINT are true and correct to the best of his knowledge, information and belief, and that he is authorized to and makes this Verification for and on Plaintiff s behalf and that he understands that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities.. STEVEN RI MART Dated: Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY c - Lii,J - lji ? ?`''- k'IE P`TR0" '1 glad(? e 2012 JUL 23 AM 8 CUMBERLAND CUU f 'f PENNSYLVANIA Lebanon Valley Insurance Co vs. Brenda Strait Case Numbe 2012-4138 SHERIFF'S RETURN OF SERVICE 07/16/2012 07:33 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul 16 2012 at 1933 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brenda Strait, by making known unto herself personally, at 65 W. King Street, Apart enl 1, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing o her personally the said true and correct copy of the same. SHERIFF COST: $48.45 July 17, 2012 SO ANSWERS, R ANDERSON, SHERIFF `' t u ?•yjuiL ?Fc `t 7elc ?,?}7 D,--: F:1dlb\lJ igarion\Lebanon Valley lnsur<ance Coinpany\Cherokee\Ten day notice.doc - 8/8/12 12:03 PS TIMOTHY J. HUBER, ESQUIRE Attorney I.D. #47231 KELLI METZGER KNERR, ESQUIRE Attorney I.D. #311271 BUZGON DAVIS LAW OFFICES 525 South Eighth Street - Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: huber(abuzgondavis.com Attorneys for LEBANON VALLEY INSURANCE COMPANY, subrogee of Cherokee Investment Group Plaintiff VS. BRENDA STRAIT, Defendant TO: BRENDA STRAIT Date of Notice: August 9, 2012 IN THE COURT OF COMMON CUMBERLAND COUNTY, OF PENNSYLVANIA CIVIL ACTION - LAW t..., .,_. = c NO. 2012 - 4138 Civil =? ` -<Y o i C-n 00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH • E COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAIN YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU M? LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEG SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association, 32 South Bedford Street Carlisle, Pennsylvania Telephone number 717-249-3166 BUZGON DAVIS LAW OFFICES BY: Timothy J. Huber, Esquire Attorney I.D. #47231 Kelli Metzger Knerr, Esquire Attorney I.D. # 311271 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-mail: huber ,buzlzondavis.com knerr(a,buzgondavis.com Attorneys for Plaintiff -2- F:\dlb\iAigadonTebanon Valley Insurance Company\Cherokee\Af`idavit of service.doc - 8/8/12 12:0 LEBANON VALLEY INSURANCE COMPANY, subrogee of Cherokee Investment Group Plaintiff vs. BRENDA STRAIT, Defendant IN THE COURT OF COMMON CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2012 - 4138 Civil AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF LEBANON ) I, SHARON M. SECOGES, an employee of Buzgon Davis Law Offices, 525 Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being di sworn according to law, depose and say that I mailed on August I (h-, 2012, by regular mail, a postpaid envelope, a true and correct copy of IMPORTANT NOTICE, the original of w] was mailed by First Class U.S. Mail on August ?l 2012, for filing in the Office of Prothonotary of Cumberland County, Pennsylvania, to Brenda Strait, 65 West King Apartment 1, Shippensburg, Pennsylv 'a, 7257, Defendant. SHARON M. COG Sworn to and subscribed before me this a M- day off August, A.D., 201 t Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Linda 1. O'Neil, Notary Public City of Lebanon, Lebanon County Commission Expires July 3, 2015 MEMBER, PEN 1A ASSOCIATION OF NOTARIES OF