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HomeMy WebLinkAbout13-5742 Supreme Coin r.,- f { ennsylvania Cou : Com o leas For Prothonotary Use Only. ." Vt Docket No: CU .B R Nd County " . : i The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: xJ Complaint ® Writ of Summons ® Petition S+ Tra nsfer from Another Jurisdiction ® [3 Declaration of Taking Lead Plaintiffs Name: Lead Defendant's Name: C` T ERIE INSURANCE COMPANY FOXBUILT INC. Dollar Amount Requested: xi within arbitration limits Are money damages requested? I� Yes 13 No (check one) 13 outside arbitration limits O* N' "' Is this a Class Action Suit? ® Yes IM No Is this an MDJAppeal? 13 Yes 13 No A Name of Plaintiff/Appellant's Attorney: GEORGE A. MILLER, ESQ. © Check here if you have no attorney (are a Self - Represented [Pro Sel 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. 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TA R ,# 2 OCT-3 CL'NBERLAND COUNTY P ENNSYLY CO U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE COMPANY, subrogee for ROGER AND CYNTHIA CASE NO. 3 7 //W PLACE, CODE NO. Plaintiff, TYPE OF PLEADING: VS. COMPLAINT IN CIVIL ACTION FOXBUILT INC., FILED ON BEHALF OF: Defendant. ERIE INSURANCE COMPANY, subrogee for ROGER AND CYNTHIA PLACE, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: GEORGE A. MILLER, ESQUIRE Pa. I.D. No. 22525 BROMBERG & MILLER FIRM I.D. No. 937 1030 Fifth Avenue, Suite 102 PITTSBURGH, PA 15219 (412) 232 -0440 File No. 58518 s9� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE COMPANY, No. subrogee for ROGER AND CYNTHIA PLACE, Plaintiff, vs. FOXBUILT INC., Defendant. NOTICE TO DEFEND 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 defense 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 BRING 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 S. Bedford St. Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW ERIE INSURANCE COMPANY, ) subrogee for ROGER AND CYNTHIA PLACE, ) Plaintiff, ) VS. ) FOXBUILT INC., ) Defendant. ) COMPLAINT IN CIVIL ACTION AND NOW COMES; Erie Insurance Company, Subrogee for Roger and Cynthia Place, by and through their attorney, GEORGE A. MILLER, ESQUIRE, and files the within COMPLAINT IN CIVIL ACTION as. follows: The Parties 1. The Plaintiff subrogee is Erie Insurance Company whose business address is 100 Erie Insurance Place, Erie, PA 16590. 2. Defendant Foxbuilt, Inc. is a Pennsylvania corporation whose business address is 5755 Union Deposit Road, Harrisburg, PA 17111. Facts 3. Defendant itself, or its agents, installed a sump pit and sump pump into Plaintiff's subrogees' home, the home of Roger and CynthiaPlace, located at 6968 Wertzville Road, Enola, PA. 4. On or about October 29, 2012, Plaintiff's subrogee suffered damage to their home when a storm occurred and the sump pump failed to operate, causing the gym floor to flood. 5. The pump failed to operate because of improper installation which restricted the operation of the float arm of the pump, resulting in the overflow of water from the pit on the gym floor. 6. Pursuant to a contract of insurance, the Plaintiff paid for the repairs and other consequent expenses on behalf of its subrogors, less any applicable deductible, and now seeks to recover the amount of such payment by means of its right of subrogation. 7. The Plaintiff, through its subrogors, claims damages totaling $11,005.59. 8. A copy of the Repair Estimate is attached hereto and is marked as Plaintiff's Exhibit "A." Plaintiff intends to offer this Exhibit into evidence pursuant to Pennsylvania Rules of Civil Procedure, Rule 1305. The repairs have been performed. 9. Plaintiff has demanded payment from the Defendant, which demand has been denied. WHEREFORE, Plaintiff claims damages from the Defendant, in the sum of $11,005.59, plus costs. Respectfully submitted, BROMBERG & MILLER BY: GEORGE A. MILLER, Esquire Attorney for Plaintiff 6 VERIFICATION The undersigned, c l� Illei (ivy 2 , does hereby verify that he /she r is the �r/z - � r ��s✓ P ,Plaintiff hisein, that he /she is authorized to make this verification on behalf of the Plaintiff and that the facts contained in the foregoing COMPLAINT IN CIVIL ACTION are true and correct to the best of his/her knowledge and belief. This statement is made subject to the penalt es of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. RIE INSURANCE COMPANY By: l �� Title File No. 58518 ��� Erie # 414171262117 Coverage DWL Adjuster Erie hi surance Christina Minich PO Box 2013 April 23, 2013 Phone (717) 582 -4400 Mechanicsburg, PA 17055 COVERAGE- DWELLING Fax (717) 582 -7100 Phone (717) 582 -4400 Fax (717) 582 -7100 Insured ROGER A PLACE 7R & CYNTHIA K PLACE Loss Address 2 NORTHWATCH IN, MECHANICSBURG, PA 17050 -1774 Phone Number (717) 443 -5616 Policy # Q540129199 Catastrophe # 00 Other Phone (717) 975 -0202 Ins Claim # 010171262117 Date of Loss 10/29/2012 Ins Company Erie Insurance Exchange Basketball Court (40' x 21' 6" x 8') 860 sf Floor 984 sf WalI 860 sf Ceiling 1231f Floor 123 If Ceiling 6,880 cf Volume Repl. Cost Depr. ACV OP RD Replace Base Molding, Colonial, 3 1/2" 130.38 LF @ $1.20 $156.46 Material 123 LF @ $1,59 $195.57 Labor $352.03 $0.00 $352.03 Paint Base Molding, Colonial, 3 1/2" 123 LF @ $0.79 $97.17 $0.00 $97.17 Special Subcontractor Agreed Price 1 LS @ $7,505.00 ' $7,505.00 $0.00 $7,505.00 N N 'Price to replace basketball court flooring consisting of 12" x 12" tiles, underlayment and line painting. Estimate includes materials and labor. $7,954.20 $0.00 $7,954.20 Repl. Cost Depr. ACV Estimate Totals $7,954.20 $0.00 $7,954.20 6.00% Sales Tax $9.68 $0.00 $9.68 Total With Tax $7,963.88 $0.00 $7,963.88 Notice: This is a repair estimate only. Should any additional repairs be required beyond what has been agreed upon, these repairs need to be reviewed by the claims Handler prior to the commencement of these repairs. Eric Insurance does not recommend contractors or vendors and you are under no obligation to use any contractor or vendor that Erie Insurance may have suggested or used on the Erie's behalf. No contractor or vendor is affiliated with Erie Insurance and we do not warrant their work. Price Database Legend All prices from TCDI2c0901 * = Modified E - 7 IBIT Estimate (MS/B 04 10) -1 - Apr 23, 2013 Erie # 010171262117 .A WJAMW ,, VA W Wl QUOTATION FLEX COURT MARYLAND FLEX COURT - PO Box 58 Glyndon MD 21071 "The Ultimate Court" Tel: 443-3244000 Fax: 410. 549 -9053 AERO FLEX - E -mail: andrewoflexcourtmaryland.com Web: www.flexcourtmaryland.com "Performance Flooring" We honor: Ylsa, Mastercard, Discover, Amex- ADDITIONAL FEE MAYAPPLY Form No 103 To: Roger Place Quote No. 5685 -2 6960 Wertzville Rd Enola PA 17025.1037 Date: 11/5/2012 Terms as agreed Tel: Fax: Prices Quoted are Email: Delivered to site Re: Court Size / Description oelfvery Jan We are pleased to Quote as follows: oty Description Price Ea. Total Price 920 FLEX COURT Gymflex indoor surface $4.50 $4,140.00 Consisting of 380 Red Tiles, 396 Light Grey Tiles, 60 Medium Grey tiles and 84 Black Tiles 800 3 mil rubber underlayment pad $0.55 $440.00 1 gallons acrylon court paint $175.04 $175.00 1 painting of game court lines - shuffle board $450.00 $450.00 1 painting of game court lines - four square $450.00 $450.00 1 Installation of court surface $1,200.00 $1,200.00 1 Custom Court Striping - Basketball Lanes SU13 -TOTAL $6,855.00 SALES TAX $0.00 QUOTE IS VALID FOR 30 DAYS SHIPPING & HANDLING $650.00 TOTAL $7,505.00 Accepted Date Chris Price 04/23/2013 Claims Management System CSPP032B 10:46 Check Print Page: 1 Req: KING ,W CHECK NO 12D48379 CMS NO LD48379 DATE 11/12/2012 - Pay FIVE THOUSAND FOUR HUNDRED SIXTY -THREE AND 88/100 $$$$$$5,463.88 ROGER A PLACE JR & CYNTHIA K PLACE Operator Loss Date To The 2 NORTHWATCH LN 7DGSHEFFIEL 10/29/2012 Order MECHANICSBURG PA 17050 -1774 of Claim Tax Id No 017 - 010171262117 For PAYMENT FOR WATER DAMAGE IN BASEMENT DWELLING COVERAGE. LESS $ 2,500 DEDUCTIBLE Cashed OTHER STRUCTURES COVERAGE C 11/20/2012 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- CHECK NO 12D49285 CMS NO LD49285 DATE 11/14/2012 Pay THREE THOUSAND FORTY -ONE AND 71/100 $$$$$$3,041.71 ROGER A PLACE OR & CYNTHIA K PLACE Operator Loss Date To The AND ACCORD RESTORATION INC 7DGWILSON 10/29/2012 Order 2 NORTHWATCH LN of MECHANICSBURG PA 17050 -1774 Claim Tax Id No 017 - 010171.262117 2707965180 For PAYMENT FOR EMERGENCY SERVICES DWELLING COVERAGE Cashed OTHER STRUCTURES COVERAGE C 11/27/2012 r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith e't�0,,et Caurifrrt� ° s 1�..,_ , . . Chief Deputy * s' OCT 1 5 PH 3: 03 Richard W Stewart g l Solicitor 3`;7FFICECT THE�.HERIFF J/ bERL1� ND COUNT' PENNSYLVANIA Erie Insurance Company Subrogee for Roger and Cynthia Place Case Number vs. 2013-5742 Foxbuilt Inc. SHERIFF'S RETURN OF SERVICE 10/03/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Foxbuilt Inc., but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint&Notice according to law. 10/09/2013 02:55 PM -The requested Complaint& Notice served by the Sheriff of Dauphin County upon John Fox, President, who accepted for Foxbuilt Inc., at 5755 Union Deposit Road, Harrisburg, PA 17111. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, October 11, 2013 RONNY R ANDERSON, SHERIFF ;c)Cou't Sui e Sham:',"ieiecsoft Inc. . o ee Lrrf os J Shelley Ruhl it Jacki DDuignan Real Estate Deputy Matthew L. Owens J �..,� Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax (717)255-2889 Jack Lotwick Sheriff ERIE INSURANCE COMPANY, Commonwealth of Pennsylvania SUBROGEE FOR ROGER AND CYNTHIA PLACE VS County of Dauphin FOXBUILT, INC. Sheriffs Return No. 2013-T-2716 OTHER COUNTY NO. 2013-5742 And now: OCTOBER 9, 2013 at 2:55:00 PM served the within NOTICE & COMPLAINT upon FOXBUILT, INC. by personally handing to JOHN FOX * 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 5755 UNION DEPOSIT ROAD HARRISBURG PA 17111 * PRESIDENT Sworn and subscribed to So Answers, before me this 10TH day of October, 2013 Sheriff of P. f..'. C. . ,., 'a. By COMMONWEALTH OF PENNSYLVANIA De.uty Sheriff NOTARIAL SEAL Deputy: W CONWAY Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $47.25 10/8/2013 My Commission Expires August 17,2014 CUMBERUND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE COMPANY AS SUBROGEE FOR ROGER AND CASE NO. 13-6645 CYNTHIA PLACE CODE NO. Plaintiff, TYPE OF PLEADING: VS. PRAECIPE TO SETTLE AND FOXBUILT, INC. DISCONTINUE Defendant. FILED ON BEHALF OF: ERIE INSURANCE COMPANY, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: GEORGE A. MILLER,ESQUIRE Pa. I.D. No. 22525 BROMBERG &MILLER FIRM I.D. No. 937 1030 Fifth Avenue, Suite 102 File No.: 58518 PITTSBURGH,PA 15219 412-232-0440 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ERIE INSURANCE COMPANY SUBROGEE FOR ROGER AND CYNTHIA PLACE Plaintiff, VS. Case No.: 13-5742 FOXBUILT INC. Defendants. PRAECIPE To the Prothonotary: Kindly Settle and Discontinue the with captione action. G Jg6rge A. Miller, Esq. Attorney for Plaintiff I hereby certify that the foregoing is a true and correct statement of the above case. This statement is made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsifications to authorities. 96,orge A. Miller, Esq.