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HomeMy WebLinkAbout13-4788 Supreme Co nnsylvania Cou f Cq#11 0 leas For Prothonotary Use Only. Docket .No: r����'�, Co unty � The information collected on this farm is used solely far c•ourl adminisiration purposes. .Thi,s,form does not supplement or replace the clink and service of pleudit:xs or c7rher papers as required by law or rules cif court. 'i Commencement of Action: Complaint Writ of Summons Petition Q Transfer from Another jurisdiction. [3 Declaration of Taking Lead Plaintiff's Name: Lead .Defendant's Name: Romaine Mell Corey Adams Dollar Amount Requested: Qwithin arbitration limits Are money damages requested? Q Yes Cl No ( check one) ©outside arbitration limits Is this a Class Action Suit? p Yes El No Is this an MDJAppeal? l3 Yes I@ No ' Name of Plaintiff /Appellant's Attorney: Christopher Deegan © Check here if you have no attorney (are r► Self - .Represented JVro 5e) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRI1V.fARY CASE. If you are mal rnr more than one type of claim, check the one that you consider most important, L: TORT (do not include Mass rorl) CONTRACT (donor include Judgments) CIVIL APPEALS Intentional El Buyer Plaintiff Administrative Agencies El Malicious Prosecution Q Debt Collection: Credit Card Q Board of Assessment E3 Motor Vehicle © Debt Collection: Other ® Board of Elections 13 Nuisance Dept. of Transportation [� .Premises Liability Statutory Appeal: Other El Product Liability (does not include mass tort) C3 Employment Dispute: [3 Slainder/Libel/ Defamation Discrimination. Other: 'Employment Dispute: Other Q Zoning Board (] Other: ' © Other: MASS TORT ` [3 Asbestos 0 Tobacco Q Toxic Tort - DES 13 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Q Other: a Ejectment El Common Law /Statutory Arbitration ED Eminent Domain /Condemnation EJ Declaratory Judgment Q Ground Rent Mandamus ® Landlord/Tenant Dispute ® Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITX [l .Mortgage Foreclosure: Commercial E3 Quo Warranto 0 Dental 13 Partition Replevin El J egal 0 Quict Titic Other: [1 Medical [1 Other: Other Professional: Updated 111120.11 fl r E° Elf' 2 �DERI. AIND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE AND CASUALTY CIVIL DIVISION COMPANY, as Subrogee of Romaine Mell, NO.: Plaintiff, vs. COMPLAINT COREY ADAMS i /t /d/b /a Adams Construction, Defendants. Filed on Behalf of Plaintiff, State Farm Fire and Casualty, as Subrogee of Romaine Mell Counsel of Record For This Party: Christopher P. Deegan, Esquire PA I.D. #37492 Email: cdeegan@wglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Firm #594 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281 -4541 Fax: (412) 281 -4547 �D3, Cif 33 v 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE AND CASUALTY ) CIVIL DIVISION COMPANY, as Subrogee of Romaine Mell, ) NO.: Plaintiff, ) vs. ) COREY ADAMS i /t /d/b /a Adams ) Construction, ) Defendants. ) NOTICE TO DEFEND TO: Corey Adams i /t /d/b /a Adams Construction 1940 West Trindle Road Carlisle, PA 17103 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 AN 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: Cumberland County Bar Association Lawyer Referral Service 32 South Bedford St. Carlisle, PA 17013 Telephone: (707) 249 -3166 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE AND CASUALTY ) CIVIL DIVISION COMPANY, as Subrogee of Romaine Mell, ) NO.: Plaintiff, ) VS. ) COREY ADAMS i /t /d/b /a Adams ) Construction, ) Defendants. ) COMPLAINT AND NOW, comes the Plaintiff, State Farm Fire and Casualty Company, as Subrogee of Romaine Mell by and through its attorneys, Christopher P. Deegan, Esquire and the law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: 1. Plaintiff, State Farm Fire & Casualty Company (hereinafter referred to as "State Farm "), as Subrogee of Romaine Mell, is a corporation doing business within the Commonwealth of Pennsylvania and having a place of business at P.O. Box 2375, Bloomington, Illinois 61702. 2. Romaine Mell (hereinafter referred to as "Mell ") is an adult individual residing at 401 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. At all times relevant hereto, Mell was the holder of a policy of insurance issued by State Farm which covered her aforementioned property located at 401 Petersburg Road, Carlise, Cumberland County, Pennsylvania 17015. 4. Defendant, Corey Adams i /t /d/b /a Adams Construction (hereinafter referred to as "Adams Construction "), is an individual trading and doing business as Adams Construction in the Commonwealth of Pennsylvania with a primary place of business at 1940 West Trindle Road, Carlisle, Cumberland County, Pennsylvania 17103. -1- 5. On or about July 6, 2011, Adams Construction contracted with Mell to, among other things, install new roofing and siding on her home. (See Exhibit A). 6. Adams Construction performed patch repairs on the roof sheathing as part of the re- roofing prior to installing felt paper. 7. Adams Construction installed the felt paper incorrectly on August 29, 2011. 8. Adams Construction left the felt paper uncovered and without shingles allowing rain to leak through the roof damaging Mell's bathroom and bathroom ceiling on or about August 31, 2011. 9. Adams Construction attempted to install additional patches of felt paper on August 31, 2011 after Mell notified Adams Construction of the water damage. 10. Water continued to leak through the roof and Adams Construction attempted to install a second layer of felt paper over the entire roof on September 5, 2011. 11. On or about September 6, 2011, the ceilings of Mell's home collapsed causing significant damage to Mell's home and contents and causing Mell to seek alternative living arrangements for a period of time while the home was being repaired. 12. Pursuant to its policy of insurance, State Farm has reimbursed Romaine Mell for the aforementioned damages in the amount of $129,317.09. 13. The actual cash value of the damages sustained by Romaine Mell was $124,875.24. 14. Pursuant to its policy of insurance and common law, State Farm retains subrogation rights against any party or parties liable for causing damage to the covered property owned by its insureds and /or for payments made pursuant to its policy of insurance to others as a result of the same. -2- COUNT I — NEGLIGENCE Plaintiff vs. Defendant Adams Construction i/t /d /b /a Integrity Building and Remodelinp- 15. Paragraphs 1 through 15 of this Complaint are incorporated herein by reference as if the same were set forth at length below. 16. Adams Construction was negligent in general and breached its duty of care owed to Mell in the following particulars: (a) in failing to remove the old roof and install the new roof in a safe, proper and workmanlike manner; (b) in failing to install the new roof in a safe, proper and workmanlike manner; (c) in causing Mell's ceiling to collapse as describe above; (d) in causing water damage and other damage to occur as described above; (e) in failing to follow industry standards during the removal and installation of the roof; (f) in failing to properly cover the exposed portions of the roof, (g) in allowing water to enter the home through the exposed roof; (h) in ignoring the weather forecast which called for rain and failing to cover the exposed roof, (i) in failing to ensure that the home was protected from the weather before leaving the job site; (j) in installing the felt paper incorrectly by not installing ice and water shield at eaves and valleys; (k) in installing the felt paper incorrectly by using the incorrect lap at valleys; (1) in installing the felt paper incorrectly by using felt paper with lacerations and /or causing lacerations in the felt paper during installation; -3- (m) in failing to ensure that the felt paper did not have lacerations before leaving the job site; (n) in installing the felt paper in a patchwork layout instead of a strip layout; (o) in attempting to use the felt paper to protect the home from rain; (p) in failing to tarp or protect the roof and home from the weather while the shingles were not installed; (q) in installing the felt paper incorrectly by using reverse lap at horizontal seams; (r) in failing to install an ice shield underlayment at the eaves pursuant to the Code of the Borough of Carlisle, Chapter 89, Section 89 -9, Table R302.2(1) (s) in attempting to perform temporary weatherproof repairs by using additional layers of felt paper that were installed incorrectly due to incorrect lapping, multiple seams, lacerations in the felt paper and additional fastener penetrations; (t) in violating the applicable standards, local ordinances and national codes; (u) in failing to follow the installation instructions of the manufacturer of the roof and /or roofing materials; (v) in failing to protect Mells' building and property from the possibility of water damage; (w) in failing to warn Mell that it was leaving the roof exposed; (x) in failing to warn Mell that there was a chance of water damage to her building and contents during the removal and replacement of the roof, (y) in failing to properly supervise its employees and /or agents and /or representatives and /or subcontractors; (z) in failing to properly train its employees and /or agents and /or representatives and /or subcontractors; and -4- (aa) in failing to properly monitor the progress of the work performed by its employees and /or agents and /or representatives and /or subcontractors 17. As the sole, direct, legal and proximate result of Adams Construction's negligence as aforesaid, Mell has suffered the damages set forth above. WHEREFORE, Plaintiff, State Farm Fire and Casualty, as Subrogee of Romaine Mells, demands judgment in its favor and against Defendant, Corey Adams i /t /d/b /a Adams Construction in the amount of $124,875.24. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP By: Q9 �Christop P. Deegan, Esquire Attorneys for Plaintiff, State Farm Fire and Casualty company as subrogee of Romaine Mell -5- VERIFIED STATEMENT I, Christopher P Deegan, __Esguire being the attorney for State Farm Fire & Casualty Company in the within action, am duly authorized to make this Verified Statement on its behalf. I hereby verify that the statements set forth in the foregoing COMPLAINT are true and correct to the best of my information and belief based upon knowledge obtained from representatives of State Farm Fire & Casualty Company. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Vv\ \ Christop r P. Deegan, Esquire DATE: August 8, 2013 p.2 + Oct 12 11 11:20a tt � ADAMS CONSTRUCTION -p-r ei 1940 W TRINOLE RD. rA ( CARLISLE. PA 17019 r PHONE OATH ,r I PRQPrJSA6 $USM ITTED TO: JOB NAME STREET JOB LOCATK)l'f CrTY, St! �DE J06 PF[ONE AgcHiTECT OAS PLANS Projec We hereby submit specifications and estimates for. _ ' _ _ = s _ s x a a ; _ _ ;; c ❑ _ - _ _ _ _ _ - _ _ = ]. Tarp off all sides of building, shrubs and bushes to prevent damage and collect excess debris. 2. Sec up all saftey equipment as per OSHAs regulations. 3. Rznxwe existing roofing down co the deck. 4. Install New ice and water shield in valleys. S. Install New 151b. felt paper. ddfJJi 6. Install New aluminum drip edge around entire perimeter of the roof. 7. Stock New r�1 , spaced out so as not to interfere with integrity of the structure 8. Install New - . s - -u4e- .— in homeowner's choice of color, using 4 nails per shingle, according to maoufactuncr's spcaific Lions and details r g. First row of shinglesto come over the drip edge 112" along the eaves of building to insure props drainage. 10. Install New step, counter, pipe and chimney flashing, where needed - 11. Install New Aluminum Ridge Vent. 12. Sweep all debris Off of the new roof: 13. Clean all debris out of the gutters. ! 14. Clean up and haul away all debris caused by our work. 15. Magnetically sweep fior any nails or screws• manufacture's warranty.. 16. Provide a ] 0 r warranty on all workmanship. Shingles carry a pp Y NOTE: E: Root v► ill be dried and water Eight= the end of each day. Ownt: so set I an access co electricrtyaad provide informauon N R orwa of dump truck around building. a timel Once work starts, it will proceed in y rnanner until the new roof is complete. We hereby p pose furnish m aterial and labor, complete in accordance with above specifications, for the Of _� ir1r� ✓ti-- liars sum of ----�- ,. with pa , ent to made as fo�lttws: spe c i fied. All work is co be completed in a workmanlike Authorized All matau is guar w eta to be as spec Signature:� manner according co standard practices. Any alteration or deviation fmm specifications an "ns involving exrre oasts will be execu upon written orders,�� d will rrilces, e aceidents Nona: This proposal maybe withdnrw by us if charge over and above the estimate. All agreements oonting upon ted tlt'n 1 — days. or delays beyond our control. Owner to carry fire, tornado and other necessary not aawp insurance. Our wodwis are fully covered by Worker's Cornpetraation Insutanoc. "J`he above prices. rpeeiticarions and wn ll - ! ^ Acceptance of Proposal tzd. You areaudtoriaad to do tions are smasrseta q and ate hcraby sorx'P Signature the wont as specified. poyrnant will be antic us au tuaW above. 'Date of Accep tance 1 ! / t t / 1 ✓`' Signature EXHI r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE AND CASUALTY CIVIL DIVISION COMPANY, as Subrogee of Romaine Mell, NO.: 13- 4788 Plaintiff, vs. SUBSTITUTION OF COREY ADAMS i/t/d/b/a Adams VERIFICATION TO COMPLAINT Construction, Defendants. Filed on Behalf of Plaintiff, State Farm Fire and Casualty, as Subrogee of Romaine Mell Counsel of Record For This Party: Christopher P. Deegan, Esquire PA I.D. #37492 Email: cdeegangwglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP Firm#594 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281-4541 Fax: (412) 281-4547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE AND CASUALTY ) CIVIL DIVISION COMPANY, as Subrogee of Romaine .Mell, ) NO.: Plaintiff, ) vs. ) COREY ADAMS i/t/d/b/a Adams ) Construction, ) Defendants. ) SUBSTITUTION OF VERIFICATION TO COMPLAINT Kindly substitute the verification of Romaine Mell to the Complaint for the verification of Attorney Christopher Deegan filed on or around August 5, 2013. Respectfully submitted, WEBER GALLAGHER SIMPSON SpPTA__PLEETON FIRES &NEWBY LLP By: Christop er P. Deegan, Esquire Attorneys for Plaintiff, State Farm Fire and Casualty company as subrogee of Romaine Mell - 1 - VERIFICATION 1, Romaine Mell, verify that the statements made in the Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Romaine Meli Dated: "— ` /� SHERIFF'S OFFICE OF CUMBERLAND COUNTY k x^ Ronny R Anderson Jody S Smith �u Chief Deputy ��� SEP 1{ � [ 1� : Richard W Stewart cool'If Solicitor OFFr OEOFTf-, -,N�R3rr CUMBER S���AN1A State Farm Fire and Casualty Company, as Subrogee of Romaine Mell Case Number vs. Cory Adams 2013-4788 SHERIFF'S RETURN OF SERVICE 09105/2013 04:24 PM-Deputy Noah Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Linda Bailey, Mother, who accepted as"Adult Person in Charge"for Cory Adams at 188 Goodyear Road, West Pennsboro Township, Carlisle, PA 17015. NOAH CLINE, DEPUTY SHERIFF COST: $42.02 SO ANSWERS, (5Z, x �� September 06, 2013 RON R ANDERSON, SHERIFF (c)GountySufte Sheriff,Tefeosoff,Inc. r t O11UNOT '�; 7013 OCT 21 PM 1: CUMSFRLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE AND CASUALTY CIVIL DIVISION COMPANY, as Subrogee of Romaine Mell, NO.: 13-4788 Plaintiff, vs. TEN DAY NOTICE OF DEFAULT COREY ADAMS i/t/d/b/a Adams Construction, Defendants. Filed on Behalf of Plaintiff, State Farm Fire and Casualty, as Subrogee of Romaine Mell Counsel of Record For This Party: Christopher P. Deegan, Esquire PA I.D. #37492 Email: cdeegan@wglaw.com WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP Firm#594 Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Phone: (412) 281-4541 Fax: (412) 281-4547 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STATE FARM FIRE AND CASUALTY ) CIVIL DIVISION COMPANY, as Subrogee of Romaine Mell, ) ) NO.: 13-4788 Plaintiff, ) ) vs. ) ) COREY ADAMS i/t/d/b/a Adams ) Construction, ) Defendants. ) TEN DAY NOTICE OF DEFAULT TO: Corey Adams i/t/d/b/a Corey Adams i/t/d/b/a Adams Construction Adams Construction 1940 West Trindle Road 188 Goodyear Road Carlisle, PA 17103 Carlisle, Pa 17015 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 (10) 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 OFFICES TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford St. Carlisle, PA 17013 Telephone: (707)249-3166 Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES &NEWBY LLP Date of Notice: October 18, 2013 By: "" '� C hristo hef P. Deegan, Esquire Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing TEN DAY NOTICE OF DEFAULT has been served by Certified U.S. Mail, Return Receipt Requested, this 18th day of October 2013, upon the following party: Corey Adams i/t/d/b/a Adams Construction 1940 West Trindle Road Carlisle, PA 17103 Corey Adams i/t/d/b/a Adams Construction 188 Goodyear Road Carlisle, Pa 17015 Christoph P. Deegan, Esquire -2- _ HE 1' �0 v1HONO;, IN THE COURT OF COMMON PLEAS ��� OF CUMBERLAND COUNTY, 013 OCT 25 PM STATE FARM FIRE AND CASUALTY • CIVIL DIVISION CUMBERLAND COUNTY COMPANY, as Subrogee of Romaine Mell, : PENNSYLVANIA Plaintiff, NO.: 13-4788 vs. • • COREY ADAMS i/t/d/b/a Adams • Construction, • Defendants. : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Corey Adams, i/t/d/b/a Adams Construction, in the above captioned action. Respect y bmitted, I V R 4 i DE TEIN Date: 'O 111 OLL, E ur.QUIRE P - • . orney I.D. No. 47243 Atto ey for Defendant ,35 0 Trindle Road amp Hill, PA 17011 (717) 975-8114 Direct: (717) 760-7502 Fax: (717) 975-8124 • CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing ENTRY OF APPEARANCE upon the following, via U.S. First Class Mail, postage prepaid, this )4, day of October, 2013: Christopher P. Deegan, Esquire Weber Gallagher Simpson Stapleton Fires&Newby, LLP 2 Gateway Center, Suite 1450 Pittsburgh, PA 15222 Margolis Edelstein By: 4 ROLF E.KROLL,ESQUIRE Pa.Supreme Court I.D.No.47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill,PA 17011 Telephone: (717)760-7502 Attorneys for Facsimile: (717)975-8124 Defendant Corey Adams t/b/d/b/a Adams Construction STATE FARM FIRE AND CASUALTY : COURT OF COMMON PLEAS COMPANY, as Subrogee of Romaine Mell, : CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA vs. . . NO.13-4788 COREY ADAMS i/t/d/b/a Adams . Construction, • CIVIL ACTION-LAW - `_`. Defendants. : JURY TRIAL DEMANDED-,•.:==- NOTICE TO PLEAD `-` "'J - i To State Farm Fire and Casualty Company as Subrogee of Romaine Mell ., do Christopher P. Deegan, Esquire Weber Gallagher Simpson Stapleton Fires &Newby, LLP 2 Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER WITH NEW MATTER OF DEFENDANT, COREY ADAMS, I/T/D/B/A ADAMS CONSTRUCTION, within twenty(20) days from service hereof, or a default judgment may be entered against you. Res.ectfully submitted, MARE 0 I EIELSTE Date: /0/7/ // _� By: LA41 //.'/ ' •f'. ,f 1' , !�:'�1 UIRE'A. o f ey T.D. No. A 7243 Att y for Defendant 351rindle Road C. Hill, PA 17011 (71 ' 975-8114 Direct: (717) 760-7502 Fax: (717) 975-8124 Page 1 of 7 ROLF E.KROLL,ESQUIRE Pa.Supreme Court I.D.No.47243 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill,PA 17011 Telephone: (717)760-7502 Attorneys for Facsimile: (717)975-8124 Defendant Corey Adams t/b/d/b/a Adams Construction STATE FARM FIRE AND CASUALTY : COURT OF COMMON PLEAS COMPANY, as Subrogee of Romaine Mell, : CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA vs. . • . NO.13-4788 COREY ADAMS i/t/d/b/a Adams . Construction, • CIVIL ACTION-LAW Defendants. : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, COREY ADAMS, I/T/D/B/A ADAMS CONSTRUCTION, TO THE COMPLAINT OF PLAINTIFFS, STATE FARM FIRE AND CASUALTY COMPANY, AS SUBROGEE OF ROMAINE MELL AND NOW, comes Defendant, Corey Adams, i/t/d/b/a Adams Construction, ("Mr. Adams")by and through his counsel, Margolis, Edelstein to answer the Complaint of Plaintiff, State Farm Fire and Casualty Company, as Subrogee of Romaine Mell ("State Farm") and in support thereof avers the following: ANSWER 1. Denied. After reasonable investigation, Mr. Adams is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of State Farm's complaint and same is therefore denied. 2. Denied. After reasonable investigation, Mr. Adams is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of State Farm's complaint and same is therefore denied. Page 2 of 7 3. Denied. After reasonable investigation, Mr. Adams is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of State Farm's complaint and same is therefore denied. 4. Denied. It is specifically denied that Mr. Adams is currently trading and doing business as Adams Construction and strict proof to the contrary is demanded at trial. 5. Denied. The allegation of this paragraph of Plaintiffs Complaint is based on a writing which speaks for itself and is the best evidence of all it contains. 6. Admitted in part and denied in part. It is admitted that Mr. Adams performed repairs of the roof. Plaintiffs characterization of these repairs is specifically denied and strict proof to the contrary is demanded at trial. 7. Denied. This allegation of Plaintiffs Complaint is specifically denied and strict proof is demanded at trial. 8. Denied. This allegation of Plaintiffs Complaint is specifically denied and strict proof is demanded at trial. 9. Denied. This allegation of Plaintiffs Complaint is specifically denied and strict proof is demanded at trial. 10. Denied as stated. Strict proof of these allegations is demanded at trial. 11. Denied. After reasonable investigation Mr. Adams is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. 12. Denied. After reasonable investigation Mr. Adams is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. 13. Denied. After reasonable investigation Mr. Adams is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph of Plaintiffs Complaint and same is therefore denied. Page 3 of 7 14. Denied. This allegation of plaintiffs complaint refers to a writing which speaks for itself It is the best evidence of all it contains. Accordingly no further responsive pleading to this paragraph of Plaintiffs Complaint is required and same is therefore denied. COUNT I -NEGLIGENCE PLAINTIFF V. DEFENDANT ADAMS CONSTRUCTION, i/t/d/b/a INTEGRITY BUILDING AND REMODELING 15. Paragraphs 1 through 14 are incorporated herein by reference as is set forth in full. 16(a) - (aa). Denied. This allegations of this paragraph and its corresponding subparagraphs state conclusions of law to which no responsive pleading is required and same are therefore denied. 17. Denied. This allegations of this paragraph of Plaintiffs Complaint constitutes conclusions to which no responsive pleading is required and same is therefore denied. WHEREFORE, Defendant, Corey Adams i/t/d/b/a Adams Construction, demands judgment in his favor and against Plaintiff with costs as due assessed to Plaintiff NEW MATTER 18. Mr. Adams incorporates by reference its responses contained in Paragraphs 1 through 17 hereof as if set forth in full. 19. Based upon Plaintiffs claims we are barred by the applicable statute of limitations. 20. To the extent any claim is based in whole or in part upon a breach of warranty theory, same is barred by the Uniform Commercial Code Statute of Limitations. 21. The roof was not in the same condition at the time of the leak alleged in Plaintiff s Complaint, if any existed, as it was when it left the supervision and control of Mr. Adams, and strict proof to the contrary is demanded at trial. 22. The allegations contained in Plaintiffs Complaint against Mr. Adams are barred by the Equitable Doctrine of Laches, Waiver and/or Estoppel. Page 4 of 7 21. To the extent the damages alleged in Plaintiffs Complaint are established, which is specifically denied, then said damages, losses and expenses were caused by the negligence and/or breach of contract or warranty of other entities over whom Mr. Adams had no control or legal responsibility and not by any action or inaction on the part of Mr. Adams. 22. Plaintiff and/or other third parties may have misused and/or abused the roof and are thereby intervening superseding causes of any damages Plaintiff sustained which damages are specifically denied. 23. The roof defects alleged in Plaintiffs Complaint are the result of the conduct of third parties not under the supervision and control of Mr. Adams, and strict proof to the contrary is demanded at trial. 24. The defects alleged in Plaintiffs Complaint were the result of actions of third parties for which Mr. Adams is not legally responsible. 25. At all times relevant hereto, Mr. Adams conducted his business in a reasonably careful, cautious and prudent manner under the circumstances, and strict proof to the contrary is demanded at trial. 26. Any recovery which is permitted against Mr. Adams should be reduced and or barred in accordance with the terms and conditions of the Pennsylvania Comparative Negligence Act due to the comparative negligence on the part of Plaintiff and/or other parties. 27. The only rights which can be asserted against Mr. Adams set forth in any express written contract or warranty delivered with the roofing work performed and that he agreed to provide,the existence of which is specifically denied. 28. Mr. Adams believes and avers that the damages at issue were caused by severe weather and not through any poor workmanship on his part. 29. Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 30. The acts and omissions of other individuals or entities may have constituted a Page 5 of 7 superseding intervening cause of the damages and/or injuries alleged to have been sustained by Plaintiff 31. Plaintiffs claims against Mr. Adams are barred by the terms and conditions of a contract, release, and/or by the Doctrines of Accord and Satisfaction. WHEREFORE, Defendant, Corey Adams i/t/d/b/a Adams Construction, demands judgment in his favor and against Plaintiff with costs as due assessed to Plaintiff. Respect y s -bmitted, MARGOLIS L ' IN/// Date: / _ By: dry .�Ai ROL r '/i ,ESQUI' ' PA. Attorne; P. No. 47243 Attorney f• a efendant 3510 Trinv,�e Road Camp Hil PA 17011 (717) 975-8114 Direct: (717) 760-7502 Fax: (717) 975-8124 Page 6 of 7 VERIFICATION I, Rolf E. Kroll, Esquire, have prepared the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, COREY ADAMS, I/T/D/B/A ADAMS CONSTRUCTION, TO THE COMPLAINT OF PLAINTIFFS, STATE FARM FIRE AND CASUALTY COMPANY, AS SUBROGEE OF ROMAINE MELL. The factual statements contained therein are true and correct to the best of knowledge, information and belief. I am authorized to make this Verification on behalf of my clients. This Verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities,which provides that if I knowingly make false averments, I may be subject to criminal penalties. MARQIS EDELSTEIN /il DATE: /J� R VFF E. /'TO LL, ESQUIRE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing upon the following, via U.S. First Class Mail, postage prepaid, this 2.8 day of ajj , 2013: Christopher P. Deegan, Esquire Weber Gallagher Simpson Stapleton Fires &Newby, LLP 2 Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Margolis Edelstein By: Page 7 of 7