HomeMy WebLinkAbout13-4633 f '1
Supreme Court of Pennsylvania
Court of Common Pleas For Prothonotary Use Only:
Civil Cover Sheet
Docket No:
Cumberland County , � ✓
The h7 brmation collected on this forth is used solely for court administration purposes. This form does not
sttpplemet7t or replace the and service ofpleadings or otlier papers as required by law or rules of court.
Commencement of Action:
S El Complaint ❑ Writ of Summons ❑ Petition
E Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: Lead Defendant's Name:
T State Farm Fire and Casualty Company Dorsey Construction LLC
I Are motley damages requested? El Yes ❑ No Dollar Amount Requested: Owithin arbitration limits
(check one) ❑outside arbitration limits
N Is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? ❑ Yes 1 No
A Name of Plaintiff /Appellant's Attorney: Paul F. D'Emilio, Esquire
El Check here if you Irave no attorney (are a Self I Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include ,14ass Tort) CONTRACT (do not include Jztdgtnents) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution
Debt Collection: Credit Card El Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
Nuisance ❑ Dept. of Transportation
S ❑ Premises Liability El Statutory Appeal: Other Ej Product Liability (does not include
E muss tort) r_1 Employment Dispute: El Slander /Libel/ Defamation
Discrimination
C El Other: ❑ Employment Dispute: Other ❑ Zoning Board
, Negligence ❑ Other:
I ❑ Other:
O MASS TORT
El Asbestos
N ❑ Tobacco
Toxic Tort - DES
❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste
Other: El Ejectment El Common Law /Statutory Arbitration
B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
Ground Rent ❑ Mandamus
❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations
El Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
Dental ❑ Partition ❑ Replevin
Legal ❑ Quiet Title ❑ Other:
Medical ❑ Other:
❑ Other Professional:
Updated 1/1/2011
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PAUL F. D'EMILIO, ESQUIRE THIS IS AN ARBITRATION MATTER
ATTORNEY I.D.; #166.54
PAUL M. SCHOFIELD, JR., ESQUIRE
ATTORNEY I.D.! #81894
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064 ATTORNEY FOR PLAINTIFF
(610) 338 -0338
STATE FARM FIRE AND CASUALTY CO. COMMON PLEAS COURT
INSURANCE COMPANY AS SUBROGEE OF : CUMBERLAND COUNTY
JUDY BEITZEL'
112 E. WASHINGTON STREET DTB 8 �.
BLOOMINGTON, IL 61701 /. ? Co =
VS'. oc'
-�
DORSEY CONSTRUCTION LLC ° o-I
61 LENWOOD PARK 7:c:) o ?
SHIPPENSBURG, PA 17257 CIVIL COMPLAINT
C _
NOTICE AVISO
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN
YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER LAS iPAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO
THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION.
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA
ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE
PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY NOTIFICACION 0 POR CUALQIER QUEJA 0 ALIVIO QUE
OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE
YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS PERDER DINERO, SUS PROPIEDADES 0 OTROS DERECHOS
IMPORTANT TO YOU. IMPORTANTES PARA USTED.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
IF YOU DO NOT HAVE A LAWYER„ GO TO OR TELEPHONE THE NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU PARA PAGAR TAIL SERVICIO, VAYA EN PERSONA 0 LLAME POR
WITH INFORMATION ABOUT HIRING A LAWYER. TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE CONSEGUIR ASISTENCIA LEGAL.
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 S. Bedford Street
Cumberland County Bar Association Carlisle, PA 17013
32 S. Bedford Street .(717) 249 -3166
(800) 990 -9108
Carlisle, PA 17013
(717) 249 -3166
(800) 990-9108'
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F -(T 03
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PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. #16654
PAUL M. SCHOFIELD, JR., ESQUIRE
ATTORNEY I.D. #81894
905 W. SPROUL ROAD, SUITE 105
SPRINGFIELD, PA 19064 ATTORNEY FOR PLAINTIFF
(610) 338 -0338
STATE FARM FIRE AND CASUALTY CO. COMMON PLEAS COURT
INSURANCE COMPANY AS SUBROGEE OF : CUMBERLAND COUNTY
JUDY BEITZEL
112 E. WASHINGTON STREET DTB 8
BLOOMINGTON, IL 61701
NO.
VS.
DORSEY CONSTRUCTION LLC
61 LENWOOD PARK
SHIPPENSBURG PA 17257 CIVIL COMPLAINT
NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT,
15 U.S.U. §1601 (AS AMENDED)
THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT
AND CONSUMER PROTECTION LAW,
73 PA.CON.STAT.ANN. §201, ET. SEQ. ( "THE ACTS")
IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED
THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Plaintiff, State Farm Fire and Casualty Company, by its attorney Paul F.
D'Emilio, Esquire, bring this action upon a cause whereof the following is a statement:
1. The Plaintiff, State Farm Fire and Casualty Company, ( "Plaintiff') is a
Corporation authorized to do business in the Commonwealth of Pennsylvania, with a
address of 112 E. Washington Street, DTB 8, Bloomington, IL 61701.
Plaintiff brings this action as subrogee of Judy Beitzel herein the ( "Insured ")
under a policy of insurance issued by Plaintiff.
2. Defendant, Dorsey Construction LLC is a Corporation organized and existing
i
under the laws of the Pennsylvania and, doing business in Commonwealth of
Pennsylvania, with its principal place of business at61 Lenwood Park, Shippensburg,
PA 17257.
4. At all times hereinafter mentioned Defendant acted through its agents, servants,
workmen and employees them and there engaged in the business of the Defendant
within the course and scope of their employment.
5. Plaintiff's Insured and Defendant entered into a agreement for Defendant to
install a roof at Plaintiff's Insured residence at 1000 Highfield Ct., Mechanicsburg,
Pennsylvania.
6. Plaintiff is not aware if the agreement is oral or in writing and if in writing, the
writing is not in Plaintiff's possession but a copy is in possession of the Defendant.
7. The Defendant did not correctly tarp the roof and as a result of the occurrence
hereinbefore mentioned rain water entered through the roof structure on or about
August 27, 2011 damaging the interior at the Insured's residence.
8. Plaintiff avers that the personal property of the Insured was damaged as a result
of the occurrencehereinbefore mentioned, the Plaintiff paid pursuit to its policy of the
Insured the sum of Eighty One Thousand Nine Hundred Three and 96/100
($81,903.96) Dollars plus the Insured's deductible being One Thousand 00/100
($1,000.00) for a total of Eighty Two Thousand Nine Hundred Three and 96/100
($82,903.96) Dollars
Count I - NEGLIGENCE
9. Plaintiff, incorporates all of the allegations contained in paragraphs 1 through 8
inclusive of this Complaint as fully as though same were herein and set forth at length.
10. Defendant by and through its agents, servants and employees was negligent in
that he:
a. carelessly and negligently allowed or permitted water to damage insured's
property;
b. failed to repair the roof in a good and workman like manner; and
C. failed to protect the Insured's property by covering the roof.
COUNT II - BREACH OF CONTRACT
11. Plaintiff, incorporates all of the allegations contained in paragraphs 1 through 9
inclusive of this Complaint as fully as though same were herein and set forth at length.
12. Defendant by and through its agents, servants and employees was negligent in
that he:
a. failed to install the roof in a good and workman like manner;
b. failed to install according to standard procedure;
C. carelessly, willingly recklessly exposed Insured's property to a risk;
d. failed to properly install the roof;
e. failed to protect the Insured's property during installation of the roof; and
f. failed to observe the process to insure the proper installation of the roof.
WHEREFORE, Plaintiff demands judgment against the Defendants upon each
count in an amount not in excess of Fifty Thousand and 00/100 ($50,000.00) dollars
together with costs of suit.
Date P ul *D'Emilio, squire
denti . 6654
E -mail address: pauld(d)-demiliolaw com
Paul M. Schofield, Jr., Esquire
Identification No. 81894
E -mail address: Rauls demiliolaw com_
905 W. Sproul Road, Suite 105
Springfield, PA 19064
Telephone No.: 610 - 338 -0338
Fax no.: 610 - 338 -0303
i
t
VERIFICATION
Subrogation Specialist with State Farm Fire and
Casualty Company in the above captioned matter verifies that the facts contained in the
foregoing Complaint are true and correct. I understand that false statements herein are
made subject to the penalties of 18 pa. C.S. Section 4904 relating to unworn falsification
to authorities.
�
Date: �0)
Subrogation Specialist
dr;1?7?AW107
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson _T iL.Et0-0 F F��"rt
Sheriff
FEE PRO HO N 0 ►A��
Jody S Smith
Chief Deputy $ +1:
Richard W Stewart CUMBERLAND COUNTY
Solicitor OFrt EaOFTHE$1-ERIFr PENNSYLVANIA
State Farm Fire and Casualy Co. a/s/o Judy Beitzel Case Number
vs. 2013-4633
Dorsey Construction LLC
SHERIFF'S RETURN OF SERVICE
08/08/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Dorsey Construction LLC, but was unable to locate the Defendant
in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the
within Complaint& Notice according to law.
08/19/2013 06:00 PM-The requested Complaint&Notice served by the Sheriff of Franklin County upon Brian
Dorsey, who accepted for Dorsey Construction LLC, at 61 Lenwood Park, Shippensburg, PA 17257.
Dane Anthony, Sheriff, Return of Service attached to and made part of the within record.
SHERIFF COST: $37.00 SO ANSWERS,
('Z' Z
August 27, 2013 RON R ANDERSON, SHERIFF
(c)CountySuito Sheriff,T'eleosoft,Inc.
SHERIFF' S RETURN - REGULAR
CASE NO: 2013-00251 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF FRANKLIN
STATE FARM FIRE AND CASUALTY
VS
DORSEY CONSTRUCTION LLC
ANGEL L LAVIENA Deputy Sheriff of FRANKLIN
County, Pennsylvania, who being duly sworn according to law,
says, the within COMP CIVIL ACTION was served upon
DORSEY CONSTRUCTION LLC the
DEFENDANT at 1800 : 00 Hour, on the 19th day of August. 2013
at 61 LENWOOD PARK
SHIPPENSBURG, PA 17257 by handing to
BRIAN DORSEY
a true and attested copy of COMP CIVIL ACTION together with
and at the same time directing His attention to the contents thereof .
Sheriff ' s Costs : So Answers :
Docketing . 00
Service . 00 ANGEL L LAV NA
Affidavit . 00
Surcharge . 00 By
. 00 D uty Sheriff
. 00 08/19/2013
PAUL F D! EMILIO ESQ
Sworn and Subscribed to before
me this —Z0/4, day of COMMONWEALTH OF PENNSYLVANIA
=Q0=18don SEAL
A.D. Y, Notary Pubi7c
Frantdin County
s Jan.29, 2015
Notar