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Home My WebLink About05-3184Thomas E. Brenner, Esquire Carly). Wismer, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attomeys for Plaintiff ERIE INSURANCE EXCHANGE :IN THE COURT OF COMMON PLEAS as Subrogee of GRACE ILIOFF, :CUMBERLAND CO., PENNSYLVANIA Plaintiff ? :NO. CS -3lrpv "(vt 1 ??1Lr r V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC. and JAY :CIVIL ACTION - LAW CURRICCI Defendant 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 2 Liberty Avenue Carlisle, PA 17013 NOTICIA Le han demandado a usted en ]a corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentat una apariencia escrita o en persona o pot abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y pot cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. ST NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGARTAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE as Subrogee of GRACE ILIOFF, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. O S- C., SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC. and JAY :CIVIL ACTION - LAW CURRICCI Defendant COMPLAINT COUNTI Erie Insurance Exchange v. Sunguild III Condominium Association AND NOW, comes Plaintiff, Erie Insurance Exchange as subrogee of Grace Ilioff, by their attorneys, Goldberg Katzman, P.C., who avers as follows: 1. Plaintiff Erie Insurance Exchange is a business entity with an office located at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania authorized to issue policies of insurance. 2. At the time of this incident, Plaintiffs insured, Grace Ilioff was an adult individual residing at 591-5 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant ]ay Curricci is an adult individual residing at 591-11 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 4. Defendant Sunguild III Condominium Association is an entity managed by Property Management, Inc. with an address of 1300 Market Street, Lemoyne, Cumberland County, Pennsylvania, which is responsible for controlling and monitoring the common areas within the condominium complex where Ilioff resided. 5. This matter involves water damage to the Grace Ilioff's condominium which occurred on August 18, 2003. 6. A line to an air conditioning unit in a condominium located above Grace Ilioff's clogged and then froze causing condensation to build up and leak over the catch pan causing water damage to Grace Ihoffs ceiling, bedroom walls, carpeting and wood flooring. 7. Defendant Sunguild III Condominium Association was negligent in that it failed to properly maintain and repair the common elements of the condominiums which included the piping and air conditioning unit described above. 8. As a direct result of the water damage caused by the air condition leaking, Grace Ilioffs condominium was damaged, necessitating repairs in the amount of $4,515.33 9. Defendant Sunguild III Condominium Association refused to pay for the damages to Grace Ilioff's condominium so she made a claim under her policy with Erie 2 Insurance Exchange for the damages to her condominium, resulting in payment by Plaintiff Erie Insurance Exchange, giving rise to this action in subrogation. WHEREFORE, Plaintiff Erie Insurance Exchange demands judgment against Defendant Sunguild III Condominium Association in the amount of $4,515.33, together with interest and costs of suit. COUNT II Erie Insurance Exchange v. Jay Curricci 10. The averments of paragraphs 1 though 9 are incorporated herein by reference. 11. Defendant Jay Curricci is an adult individual residing at 591-11 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania. 12. An air conditioning unit in J ay Curricci's condominium located above Grace Ihof 's condominium leaked causing water damage to her ceiling, bedroom walls, carpeting and wood flooring. 13. Defendant Jay Curricci was negligent in that he: a. failed to properly maintain his air conditioning unit; and b. failed to make timely repairs of his air conditioning unit. 14. As a direct result of the water damage caused by the air condition leaking, Grace Iliof's condominium was damaged, necessitating restorations in the amount of $4,515.33 3 WHEREFORE, Plaintiff Erie Insurance Exchange demands judgment against Defendant Jay Curricci in the amount of $4,515.33, together with interest and costs of suit. GOLDBERG KATZMAN, P.C. B omas E. Brenner, Esquire Attorney ID #32085 Carly J. Wismer, Esquire Attorney ID #92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: June 20, 2005 122531.1 4 VERIFICATION f I, "en Gf 5 OC-,e-/?5(44e ? hereby acknowledge that I am an authorized representative of Erie Insurance Exchange; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ERIE, INSURANCE EXCHANGE By: Date: )1iz8z1 N `.l a T I r? OV) ''n THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire I.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 mthorp@tthlaw.com ERIE INSURANCE EXCHANGE as Subrogee of GRACE ILIOFF, Plaintiff V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC. and JAY CURRICCI, Defendants Attorney for Defendant Sunguild III Condominium Association, c/o (Property Management, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3184 Civil Term CIVIL ACTION PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendant, Sunguild III Condominium Association, c/o Property Management, Inc. in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS & HAFER, LLP MicUle J. 71ho , E 305 North Front et P.O. Box 999 Harrisburg, PA 17108 (717) 237-7153 LD. No. 71117 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Jay Curricci 591-11 Geneva Drive Mechanicsburg, PA 17055 THOMAS, THOMAS & HAFER, LLP NHchMe J. Thoqrp[ Es dire Attorney I.D. Nol 117 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7153 DATE: -7 ` -jC> 5 u? z j 3 - cn cn `.Z -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, as Subrogee of GRACE ILIOFF, Plaintiff, CIVIL DIVISION NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants. PRAECIPE FOR APPEARANCE (Jury Trial Demanded) Filed on Behalf of the Defendant, Jay Curricci Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13915 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, CIVIL DIVISION as Subrogee of GRACE ILIOFF, Plaintiff, NO. 05-3184 V. (Jury Trial Demanded) SUNGUILD III CONDOMINIUM ASSOCIATION, cfo PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants. PRAECIPE FOR APPEARANCE TO: THE PROTHONOTARY Kindly enter the Appearance of the undersigned, Kevin D. Rauch, Esquire, of the law firm of Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., on behalf of the Defendant, Jay Curricci, in the above case. JURY TRIAL DEMANDED Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. ?4 By: even D. Rauch, Esquire Counsel for Defendant, Jay Curricci CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been mailed by U.S. Mail to .ounsel of record via first class mail, postage pre-paid, this day of 2005. Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Plaintiff) Sunguild III Condominium Association c/o Property Management, Inc. 1300 Market Street Lemoyne, PA 17043 SUMMERS, McDONNELL, HUDOCK, GUTHRIE A SKEEL. L.L.P. By: Counsel for Defendant, Jay Curricci c o ? C?- ?., cn m i ? ? ? fJ ts? N `??? 5; ?; `-Ci m ? ? ? , - c_? µ? ? SHERIFF'S RETURN - REGULAR CASE NO: 2005-03184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS SUNGUILD III CONDOMINIUM ASSOC SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SUNGUILD III CONDOMINIUM ASSOCIATION the DEFENDANT , at 1533:00 HOURS, on the 22nd day of June 2005 at C/O PROPERTY MANAGEMENT INC 1300 MARKET STREET LEMOYNE, PA 17043 by handing to DAVID DYSON, VICE PRESIDENT, CONTROLLER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.84 Postage .37 Surcharge 10.00 .00 40.21 Sworn and Subscribed to before me this IJ ec day of ZCn A.D. Prothonotary So Answers: R. Thomas Kline 06/28/2005 GOLDBERG KATZMAN By: Dep t heriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-03184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS SUNGUILD III CONDOMINIUM ASSOC DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CURRICCI DEFENDANT was served upon the , at 1949:00 HOURS, on the 27th day of June , 2005 at 591-11 GENEVA DRIVE CSBURG, PA 17055 JAY CURRICCI by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service 8.14 Affidavit .00 Surcharge 10.00 .00 24.14 Sworn and Subscribed to before me this /Z 40" day of CL .,/ A.D. rothonotary ' So Answers: 01 leAr R. Thomas Kline 06/28/2005 GOLDBERG KATZMAN By: i Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, as Subrogee of GRACE ILIOFF, Plaintiff, CIVIL DIVISION NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants. V. RANDY SCHMIDT, Additional Defendant. PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT (Jury Trial Demanded) Filed on Behalf of the Defendant, Jay Curricci Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13915 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, as Subrogee of GRACE ILIOFF, Plaintiff, V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants, V. RANDY SCHMIDT, Additional Defendant. (Jury Trial Demanded) PRAECIPE FOR WRIT OF SUMMONS TO JOIN ADDITIONAL DEFENDANT TO: Prothonotary: Kindly issue a Writ of Summons joining Randy Schmidt as an Additional Defendant in the above-captioned action. Randy Schmidt 930 Willshire Drive Mechanicsburg, PA 17050 JURY TRIAL DEMANDED Respectfully submitted, GUTHRIE McDONNELL,HUDOCK, By: L K vin . Rauch, Esquire Counsel for Defendant, Jay Curricci CIVIL DIVISION NO. 05-3184 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT has been mailed by U.S. Mail to counse of record via first class mail, postage pre-paid, this 1/ day of 2005. Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Plaintiff) Sunguild III Condominium Association c/o Property Management, Inc. 1300 Market Street Lemoyne, PA 17043 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & $KEEL, L.L.P. By: )W RD! w- K vin D. Rauch, Esquire Counsel for Defendant, Jay Curricci G} Fri CP S.? f > is a r w -77 7 Cumberland County, ss : The Commonwealth of Pennsylvania to Randy SclYnidt (Name of Additional Defendant) 930 Wiltshire Drive, Mechanicsburg PA 17050 You are notified that Sunguild III Condcrninium Association, c/o P open Management (Name (-s) of Defendant (s) ) Inc., and Jay Curricci has (have) joined you as an additional defendant in this action, which you are re- quired to defend. Date August is zoos 4W7 By Rebecca M Hetri rk2{7 itc Deiputy -_ (SEAL) 3 v r v I O r 1 r rOC tP'T. V (D lD ` d O a N?? V O wtn~~ 5 Z ro Z G 9 n a O r J 0. ? H? 'C O i ? H ^1 H Cjl H a H F' n? Rio 0 0 M H n (D H r O M M r. C-y O Ln 1 W r co l7 C Y ra I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, as Subrogee of GRACE ILIOFF, Plaintiff, CIVIL DIVISION NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC., and JAY CURRICCi, ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 2252(d) (Jury Trial Demanded) Defendants, Filed on Behalf of the Defendant, V, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci RANDY SCHMIDT, Additional Defendant. TO: Plaintiff, Co-Defendant, and Additional Defendant Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13915 Guthrie & Skeel, L.L.P. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, as Subrogee of GRACE ILIOFF, Plaintiff, CIVIL DIVISION NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, C/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants, V. RANDY SCHMIDT, Additional Defendant. (Jury Trial Demanded) ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 2252(d) AND NOW, comes the Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Answer, New Matter, and New Matter Pursuant to Rule 2252(d) and in support thereof avers as follows: COUNTI 1. After reasonable investigation, this Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 2. Admitted. 3. Denied. To the contrary, Joseph J. Curreri, Jr., resides at 591-11 Geneva Drive, Mechanicsburg, PA 17055. 4. After reasonable investigation, this Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 5. After reasonable investigation, this Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 6. After reasonable investigation, this Defendant has insufficient information as to the truth or falsity of said averments, therefore said averments are denied and strict proof thereof is demanded at the time of trial. 7. Paragraph 7 is not directed towards this Defendant, therefore, no response is required. 8. Paragraph 8 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 9. Paragraph 9 is not directed towards this Defendant, therefore, no response is required. WHEREFORE, Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. COUNT II 10. In response to Paragraph 10, this Defendant reiterates and repeats all his responses in Paragraphs 1 through 9 as if fully set forth at length herein. 11. Denied. To the contrary, Joseph J. Curreri, Jr., resides at 591-11 Geneva Drive, Mechanicsburg, PA 17055. 12. Paragraph 12 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 13. Paragraph 13 and all of its subparts state a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, and averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. 14. Paragraph 14 states a legal conclusion to which no response is required. To the extent, however, that a response is deemed necessary, said averments are denied generally pursuant to Pa.R.C.P. 1029(d) and (e). Strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER 15. The Plaintiff fails to state a cause of action. 16. This Defendant pleads any and all applicable statutes of limitations under Pennsylvania Law as complete or partial bar to any recovery by Plaintiff in this action. IT This Defendant asserts all affirmative defenses set forth in Pennsylvania Rule of Civil Procedure 1030, including, but not limited to relief estoppel, waiver and laches. 18. This Defendant is in no way liable to the Plaintiff since Plaintiffs damages were the result of intervening and/or superseding causes over which this Defendant had no control. 19. This Defendant is in no way liable to the Plaintiff because Plaintiffs damages were the result of negligent acts or omissions of third-parties over which this Defendant had no control. 20. This Defendant is not liable for Plaintiffs alleged damages because said damages were pre-existing damages. 21. Plaintiffs claims are or may be barred in whole or in part by Plaintiffs failure to mitigate damages. 22. The Plaintiffs claims are barred as any damages suffered by the Plaintiff was caused by dilapidation and deterioration of the Plaintiffs own unit. WHEREFORE, Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. NEW MATTER PURSUANT TO RULE 2252(d) 23. This Defendant incorporates by reference the preceding paragraphs of this Answer and New Matter as if the same were fully set forth at length herein. 24. Solely for the purposes of the within cross-claim and without admitting the truth of the same, this Defendant adopts and incorporates those allegations of the Plaintiffs Complaint directed to the Co-Defendant. 25. In the event it is determined that the Plaintiff is entitled to a recovery, the same being denied, it is thereby averred that the Co-Defendant is solely liable to the Plaintiff. 26. In the event it is judicially determined that the Plaintiff is entitled to a recovery from this Defendant, which is denied, then it is averred that the Co-Defendant is liable with this Defendant for contribution and/or indemnification. WHEREFORE, Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci, respectfully requests this Honorable Court enter judgment in his favor and against the Plaintiff with costs and prejudice imposed. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & $KEEL, L A.R. /I By: 1(+in "auch, Esquire Counsel for Defendant, Joseph J. Curren, Jr., incorrectly identified as Jay Curricci VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 2252(d) is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 2252(d) is that of counsel and not of the Defendant. Defendant has read the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 2252(d) and to the extent that the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 2252(d) is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 2252(d) is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date; -40 #13915 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing ANSWER, NEW MATTER, AND NEW MATTER PURSUANT TO RULE 2252(d) has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 11 day of X? x , 2005 Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Plaintiff) Sunguild III Condominium Association c/o Property Management, Inc. 1300 Market Street Lemoyne, PA 17043 Randy Schmidt 930 Willshire Drive Mechanicsburg, PA 17050 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: K vin a ch, Esquire Counsel for Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci ?.> O -rt _',' _? _.. -r _:: ' ?_ __. iV ? ? _' _•? GJ -1 ^,.7 `J E%? ": Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff ERIE INSURANCE EXCHANGE :IN THE COURT OF COMMON PLEAS as Subrogee of GRACE ILIOFF, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :NO. 05-3184 V. SUNGUILD III CONDO ASSOCIATION and JAY :CIVIL ACTION - LAW CURRICCI, Defendants V. RANDY SCHMIDT, Additional Defendant PLAINTIFFS' RESPONSE TO NEW MATTRE OF DEFENDANT CURRICCI NEW MATTER AND NOW, comes Plaintiff, Erie Insurance Exchange as subrogee of Grace Ilioff, by their attorneys, Goldberg Katzman, P.C., who avers as follows: 15. Denied. This paragraph states a legal conclusion to which no response is necessary. 16. Denied. This paragraph states a legal conclusion to which no response is necessary. 17. Denied. This paragraph states a legal conclusion to which no response is necessary. 18. Denied. Defendant Curricci, Jr. is liable for negligently failing to properly maintain and make timely repairs of his air conditioning unit. 19. Denied. Defendant Curricci, Jr. is liable for negligently failing to properly maintain and make timely repairs of his air conditioning unit. 20. Denied. It is denied that the damages to Plaintiffs condo were pre-existing, rather the damages were a result of Defendant Curricci, Jr.'s negligent failure to maintain and make timely repairs of his air conditioning unit. 21. Denied. This paragraph states a legal conclusion to which no response is necessary. 22. Denied. This paragraph states a legal conclusion to which no response is necessary. It is denied that any damage to Plaintiffs condo was pre-existing. WHEREFORE, Plaintiff Erie Insurance Exchange demands judgment against Defendant Joseph J. Curricci in the amount of $4,515.33, together with interest and cost of suit. NEW MATTER PURSUANT TO 2252(d) 23. The answers of paragraphs 15 through 22 as well as the averments in paragraphs 1 through 14 of Plaintiffs Complaint are incorporated herein by reference. 24-26. These paragraphs are directed towards another party, therefore, no response is required. WHEREFORE, Plaintiff Erie Insurance Exchange demands judgment against Defendant Joseph J. Curricci in the amount of $4,515.33, together with interest and cost of suit. GOLDBERG KATZMAN, P.C. P By: TR?Omas E. Brenner, Esquire Attorney ID #32085 Carly J. Wismer, Esquire Attorney ID #92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: September 13, 2005 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for the Plaintiff; that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. X4904, relating to unsworn falsification to authorities. Thomas E. Brenner, Esquire Date: September 13, 2005 ] 03407. I CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 Michelle Thorpe, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108-0999 Randy Schmidt 920 Willshire Drive Mechanicsburg, PA 17050 GOLDBERG KATZMAN, P.C. BY: Thomas E. Brenner, Esquire Date: September 13, 2005 n IV i9 U7 r'l - 0 cn c? c`> THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire I.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 mthorp@tthlaw.com ERIE INSURANCE EXCHANGE as Subrogee of GRACE ILIOFF, Plaintiff V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC. and JAY CURRICCI, Defendants V. RANDY SCHMIDT, Additional Defendant TO: Plaintiff and Counsel Defendant Jay Curricci Attorney for Defendant Sunguild III Condominium Association, c/o Property Management, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3184 Civil Term CIVIL ACTION NOTICE You are hereby notified to plead to the enclosed New Matter and Crossclaim within twenty (20) days from service hereof or a default judgment may be entered against you. THOMASA HAFER, LLP 305 North Front"Streel P.O. Box 999 Harrisburg, PA 17108 (717) 237-7153 I.D. No. 71117 THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire I.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 mthorp@tthlaw.com ERIE INSURANCE EXCHANGE as Subrogee of GRACE ILIOFF, Plaintiff V. SUNGUILD III CONDOMINIUM ASSOCIATION, C/o PROPERTY MANAGEMENT, INC. and JAY CURRICCI, Defendants V. RANDY SCHMIDT, Additional Defendant Attorney for Defendant Sunguild III Condominium Association, c/o Property Management, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3184 Civil Term CIVIL ACTION AND NOW, comes Defendant, Sunguild III Condominium Association, c/o Property Management, Inc. ("Answering Defendant'), by and through its attorneys, Thomas, Thomas & Hafer, LLP. and files this Answer, New Matter and Crossclaim to the Complaint of Plaintiff, Erie Insurance Exchange as Subrogee of Grace Ilioff ('Plaintiff"), as follows: COUNTI Erie Insurance Exchange v. Sunguild III Condominium Association 1. Admitted based upon information and belief. 2. Admitted based upon information and belief. 3. Admitted based upon information and belief. 4. Admitted in part and denied in part. It is admitted that the stated address for Answering Defendant is correct. The remainder of the averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e) 5. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs and, therefore, the same are denied. 6. Denied. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs and, therefore, the same are denied. 7. Denied. The averments of these paragraphs are denied as conclusions of law and pursuant to Pa.R.C.P. 1029(e). 8. Denied. The averments of these paragraphs are denied as conclusions of law and pursuant to Pa. R.C. P. 1029(e). 9. Denied. It is specifically denied that the answering Defendant refused to pay damages. To the contrary, answering Defendant was not provided proper notice of the alleged claim. Furthermore, the remaining averments of this paragraph are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Sunguild III Condominium Association, c/o Property Management, Inc., demands judgment in its favor and against Plaintiff. COUNT II Erie Insurance Exchange v. Jay Curricci 10. Answering Defendant's responses to Paragraphs 1 through 9 above are incorporated herein by reference as if set forth at length. 11.-14. The averments of these paragraphs are directed to a Defendant other than answering Defendant and, therefore, no response is required. To the extent a response is deemed necessary, the averments of these paragraphs are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, Sunguild III Condominium Association, c/o Property Management, Inc., demands judgment in its favor and against Plaintiff. NEW MATTER 15. The responses to averments 1 through 14 above are incorporated herein by reference as if set forth fully at length. 16. Answering Defendant was not provided proper notice of the alleged incident and resultant damages. 17. Answering Defendant was never provided the opportunity to investigate the alleged incident and resultant damages. 18. Plaintiff has made repairs to the claimed damages such that answering Defendant is unable to perform an appropriate investigation and inspection. 19. Erie Insurance Exchange voluntarily made a payment of Plaintiffs claimed damages. 20. Plaintiff, Erie Insurance, has waived its right to subrogation by the voluntary payment of the claimed damages. 21. Plaintiffs claims may be barred by the provisions of the Pennsylvania Uniform Condominium Act, which are pleaded by reference and incorporated herein as if set forth fully at length. WHEREFORE, Defendant, Sunguild III Condominium Association, c/o Property Management, Inc., demands judgment in its favor and against Plaintiff 22. Answering Defendant incorporates herein by reference the averments and denials contained in Paragraphs 1 through and including 21 of this Answer, New Matter and Crossclaim. 23. If it is determined that Plaintiff is entitled to recover any or all of the damages set forth in its Complaint, which is specifically denied, then Defendant, Curricci, is solely or jointly liable to Plaintiff, or liable over to Answering Defendant for contribution, indemnification, or both. WHEREFORE, Defendant, Sunguild III Condominium Association, c/o Property Management, Inc., respectfully requests Your Honorable Court dismiss Plaintiffs Complaint and enter judgment in favor of Defendant with costs assessed to Plaintiff. In the alternative, if it is determined that Plaintiff is entitled to recover, then Defendant demands judgment be entered either solely or jointly against Defendant, Curricci. In the alternative, if it is determined Plaintiff is entitled to recover against Defendant, Sunguild III Condominium Association, c/c Property Management, Inc., which is specifically denied then Answering Defendant respectfully requests Your Honorable Court to enter judgment against Defendant, Curricci, for joint and several liability, contribution, indemnification or both. Respectfully submitted 305 North Front P.O. Box 999 Harrisburg, PA (717) 237-7153 I.D. No. 71117 17108 370704.1 VERIFICATION I verify that the facts set forth in the foregoing Answer, New Matter and Crossclaim are true and correct to the best of my information, knowledge and belief. I understand that any false statements contained herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. S -2?lwa-all-AO /? CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 Randy Schmidt 930 Willshire Drive Mechanicsburg, PA 17050 , THOMAS & HAFER, LLP Attorney I.D. W. 71117 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7153 DATE: 9' Z -7/US t, ? o IV ?7C7 r `Yl r? Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldherg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plain iff ERIE INSURANCE GROUP as Subrogee of GRACE ILIOFF, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND CO., PENNSYLVANIA :NO. 05-3184 V. SUNGUILD III CONDO ASSOCIATION and JAY CURRICCI Defendant V. RANDY SCHMIDT, Additional Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT SUNGUILD III CONDO ASSOCIATION AND NOW, comes Plaintiff Erie Insurance Group as subrogee of Grace Ilioff, by its attorney, Goldberg Katzman, P.C., who state: NEW MATTER 15. Averments 1 through 14 of Plaintiff's Complaint are incorporated herein. 16. Denied. Grace Ilioff notified the Defendant of the water damage to her condo within seventy-two (72) hours of the incident. 17. Denied. Defendant had the opportunity to investigate the incident and resultant damages, rather it either failed to investigate the incident or failed to do so within a reasonable time. 18. Denied. See answer to 16 and 17 above. 19. Denied. Erie made a payment to repair the insured's condo only after the Defendant wrongly refused to make said repairs. 20. Denied. This averment states a conclusion of law to which no response is required. 21. Denied. This averment states a conclusion of law to which no response is required. Additionally, Defendant attempts to combine multiple counts in one paragraph. Wi IEREI:ORE, Plaintiff Erie Insurance Group requests that the New Matter of Defendant Sunguild Condo Association be dismissed, with prejudice. NEW MATTER IN NATURE OF CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(d) AGAINST DEFENDANT JAY. CURRICCI 22-23. These paragraphs are directed to a party other than Plaintiff. Therefore, no response is required. WHEREFORE, Plaintiff Erie Insurance Group demands judgment against Defendant Sunguild III Condominium Association in the amount of $4,515.33, together with interest and costs of suit. GOLDBERG KATZMAN, P.C. ??? By: Thomas E. Brenner, Esquire Attorney ID #32085 Carly J. Wismer, Esquire Attorney ID #92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: October 3, 2005 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for the Plaintiffs; that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Thomas E. Brenner, Esquire Date: October 3, 2005 1 03407.1 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 Michelle Thorpe, Esquire Thomas, Thomas & Hafer PO Box 999 I Iarrisburg, PA 17108-0999 Randy Schmidt 920 Willshire Drive Mechanicsburg, PA 17050 GOLDBERG KATZMAN, P.C. BY: Angela A. Funk, Legal Secretary i Date: October 3, 2005 f) nJ c:1 L? r "R 1 -? -1 ? J ?.-? r.i 'L SHERIFF'S RETURN - REGULAR CASE NO: 2005-03184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE EXCHANGE VS SUNGUILD III CONDOMINIUM RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon SCHMIDT RANDY the ADD'TL DEFEND. , at 0950:00 HOURS, on the loth day of September, 2005 at 930 WILLSHIRE DRIVE MECHANICSBURG, PA 17050 by handing to RANDY SCHMIDT a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.40 Postage .37 Surcharge 10.00 .00 38.77 Sworn and Subscribed to before me this ('^^ day of kt4A ?Y'_ DC)63 A.D. 43roit4?onftar So Answers: R. Thomas Kline 09/12/2005 SUMMERS MCDONNELL HUDOCK GUTHR By: ' Deputy Sheriff THOMAS, THOMAS & HAFER, LLP Michele J. Thorp, Esquire I.D. No. 71117 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 237-7153 mthorp@tthlaw.com ERIE INSURANCE EXCHANGE as Subrogee of GRACE ILIOFF, Plaintiff V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC. and JAY CURRICCI, Defendants V. RANDY SCHMIDT, Additional Defendant Attorney for Defendant Sunguild III Condominium Association, c!o Property Management, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3184 Civil Term CIVIL ACTION AND NOW, comes Defendant, Sunguild III Condominium Association, c/o Property Management, Inc. ("Defendant Sunguild"), by and through its attorneys, Thomas, Thomas & Hafer, LLP, and replies to the New Matter Pursuant to Rule 2252(d) of Defendant, Jay Curricci, (more properly identified as Joseph J. Curreri, Jr.), as follows: 23. This paragraph is a paragraph of incorporation and no response is necessary. To the extent the response is deemed necessary, Defendant Sunguild denies the allegations of Paragraph 23. 24 - 26. Denied. The averments of these paragraphs are denied as legal conclusions and strict proof thereof is demanded. WHEREFORE, Defendant, Sunguild III Condominium Association, c/o Property Management, Inc., respectfully requests that this Honorable Court dismiss Defendant, Jay Curricci's New Matter Pursuant to Rule 2252(d) and enter judgment in favor of Defendant Sunguild. Respectfully submitted THOMAS, THOMAS .& F,?FER, LLP MUf6b J.Thorb, EYgt 305 North Front eet P.O. Box 999 Harrisburg, PA 17108 (717) 237-7153 I.D. No. 71117 383944.1 CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeet 1017 Mumma Road Lemoyne, PA 17043 Randy Schmidt 930 Willshire Drive Mechanicsburg, PA 17050 THOMAS &,I IAFER, LLP Michele X/Th?r? Attorney I.D. 'C' 305 North Froni P.O. Box 999 Harrisburg, PA (717) 237-7153 wre . 1117 Street 17108-0999 DATE: i o ?-7lo S ? 4 q l J 1 T? `1 LfI T) r.J `-j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, as Subrogee of GRACE ILIOFF, Plaintiff, CIVIL DIVISION NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants, V. RANDY SCHMIDT, Additional Defendant. TO: Plaintiff, Co-Defendant, and Additional Defendant You are hereby notified to file a written response to the enclosed Complaint to Join Additional Defendant within twenty (20) days from servigg heregf or a Vfigment may be twe a_ ins u. COMPLAINT TO JOIN ADDITIONAL DEFENDANT, RANDY SCHMIDT (Jury Trial Demanded) Filed on Behalf of the Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13915 Guthrie & Skeel, L.L.P. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, CIVIL DIVISION as Subrogee of GRACE ILIOFF, Plaintiff, NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants, V. RANDY SCHMIDT, Additional Defendant. (Jury Trial Demanded) COMPLAINT TO JOIN ADDITIONAL DEFENDANT RANDY SCHMIDT AND NOW, comes the Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci, by and through his counsel, Summers, McDonnell, Hudock, Guthrie & Skeel, L.L.P., and Kevin D. Rauch, Esquire, and files the following Complaint to Join Additional Defendants and in support thereof avers as follows: 1. Upon information and belief, the Plaintiff, Erie Insurance Exchange, is a business entity with an office located at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff, Grace Ilioff, is an individual residing at 591-5 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Jay Curreri, Jr., is an individual residing at 591-11 Geneva Drive, Mechanicsburg, PA 17055. 4. Defendant, Sunguild III Condominium Association, is an entity managed by Property Management, Inc., with a business address of 1300 Market Street, Lemoyne, Cumberland County, Pennsylvania. 5. Defendant, Sunguild III Condominium Association, is responsible for controlling and monitoring the common areas within the condominium complex where Plaintiff, Grace Ilioff and Defendant Jay Curreri, condominiums are located. 6. On or about August 18, 2003, the Plaintiff alleges that water damage was caused to her condominium by a leak in the air conditioning line located above her apartment. 7. Defendant, Jay Curreri, Jr., owned the condominium directly above the Plaintiffs condominium. 8. Randy Schmidt leased Defendant Curreri's condominium from February 2003 through February 2004, and was the resident of the condominium at the time of the subject incident. 9. Under Randy Schmidt's lease with Defendant, Jay Curreri, Jr., under paragraph 13 of the lease, entitled "Tenant's Care of Property," it is the duty of the tenant to clean the air conditioning filter and the air conditioning line. (A copy of the Lease between Defendant, Jay Curreri, Jr., and Additional Defendant, Randy Schmidt, is attached hereto as Exhibit "A"). 10. The Plaintiff filed a Complaint in Cumberland County, Pennsylvania, on June 21, 2005. (A true and correct copy of the Complaint is attached hereto as Exhibit "B" 11. The Defendant filed a Praecipe for Writ to Join Additional Defendant, Randy Schmidt, in Cumberland County, Pennsylvania, on August 17, 2005. (A true and correct copy of the Praecipe for Writ to Join Additional Defendant is attached hereto as Exhibit "B"). COUNTI (NEGLIGENCE - RANDY SCHMIDT) 12. The allegations set forth in paragraphs 1 through 11 are incorporated by reference as if fully set forth at length herein. 13. The sole, direct, approximate cause of any damage allegedly sustained by the Plaintiff was the negligence of the Additional Defendant, Randy Schmidt, generally and in the following particulars: (a) Failed to properly maintain the air conditioning unit; and (b) Failed to make timely repairs to the air conditioning unit. 14. In the event that the Plaintiff is entitled to recover, which right of recovery is specifically denied, then the Additional Defendant, Randy Schmidt, is liable to the Plaintiff or liable over to this Defendant, Joseph J. Curreri, Jr., for contribution and/or indemnity. WHEREFORE, Defendant, Jay Curreri, Jr., joins Randy Schmidt as an Additional Defendant as being liable to the Plaintiff or liable over to this Defendant, Jay Curreri, Jr., for full contribution and/or indemnification on any and all sums recoverable under the causes of action asserted in Plaintiffs Complaint. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, By: evin D. Rauch, Esquire ounsel for Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci RESIDENTIAL LEASE This forth rewmmeuded and approved for, but not restricted to use by, the members of the Pennsylvania Association of R PA LICENSED BROKER (Company) DESIGNATED AGENT FOR LANDLORD (if applicable) PA LICENSED LEASING BROKER (Company) AGENTFOR Lit fORS® (PAR). (if applicable) 1 1. This LEASE, dated ff c,# 0 0 3 is between 7 2 T? 9, A I` -_,A LL- C H WI 0-r called "Tenant," and 2 3 called "Landlord." 3 4 2. PROPERTY i 5 Landlord agrees to rent to Tenant the following Property`'s;".'a5? _59- 4 7 3. STARTING AND ENDING DATES OF LEASE (also called "Term" 7 i A. Starting Date: This Lease starts on -7-?O O 3 , at 12 Noon. a 0 B. Ending Date: This Lease ends on /?w d ? ?t Z Q r , at 12 Noon. o 7A 4. RENEWAL TERM 10 71 This Lease will automatically renew for a term of ?y,S at the Ending Date unless: 77 72 A. Tenant gives Landlord ?0 days' written notice before 'Ending Date or before the end of any Renewal Term, OR 12 13 B. Landlord gives Tenant_4?Q days' written notice before Ending Date or before the end of any Renewal Term. 13 14 C. For Month-to-Month Leases Only: Either Landlord or Tenant may end a month-to-month 1Lease by giving 30 days' 14 75 written notice on or before the day the next rent is due. 15 16 5. RENT 16 17 A. The total amount of rent due over the term of this Lease is $ /0 (a Z_s!? 17 is B. The total rent due each month is 76 70 C. Rent is due on or before the ?- day of the month. s 20 D. Tenant pays a late charge of ^ $ ? 20 21 if rent is more than days late. 21 22 E. Tenant makes ayments [o: t7s?27pto (1 RFJ GAR t S /.? ?? YV 22 23 Address I V 23 24 6. BEFORE MOVING IN, TENANT PAYS Paid Due 4 25 A. Part of a month's rent if Tenant takes possession before first regular due date $ $ 25 26 B. First month's rent $ $ 26 27 C. Other: O c /" 1 $ _ $ 27 28 D. Security Deposit, on deposit at: L I A-4 ? 28 29 (name of bank) 30 $ $ 31 Total rent and security deposit received to date $ 31 32 Total amount due before Tenant moves in $ g? 32 33 7. USE OF PROPERTY 33 34 A. Tenant will use Proper as a residence or _ 34 35 B. Not more than --la people will live on property. ,15 36 8. UTILITIES AND SERVICES 36 37 A. Landlord will pay for 37 36 1T Cold water ? Hot water 0 Trash remo?al 33 39 ? Gas ? Heat ..0 Lawn and Shrubbery care 39 46 El Electricity 4@j Snow removal .0 Water cost over yearly charge 40 41 ZI Heater maintenance contract 0 Sewage costs and maintenance ? Other ai 42 B. Tenant will pay for 42 43 ? Cold water Hot water ? Trash removal 43 44 ? Gas Heat ? Lawn and shrubbery care 44 45 Electricity ? Snow removal ? Water c stsl over yearl charge + [ 46 ? Heater maintenance contract ? Sewage costs and maintenance Otherfj?V1442 1= cw& Cer?dGl,16N 47 9. SPECIAL INSTRUCTIONS The Office of Attorney General has not pre-approved any special onditions or additional 47 as terms added by any parties. Any special conditions or additional terms must comply with the Pennsylvania Plain Language 4 49 Consumer Contract Act. 49 50 10. CONDITION OF PROPERTY 50 51 Tenant understands that Landlord will make no repairs, additions, or changes to the property except as follows: 51 52 52 53 11. IF PROPERTY WAS BUILT BEFORE 1978 53 54 Lead Hazards Disclosure Requirements 54 55 The Residential Lead-Based Paint Hazard Reduction Act says that any Landlord of property built b4ore 1978 must give the 55 56 Tenant an EPA pamphlet titled Protect Your Family From Lead in Your Home. The Landlord also ust tell the Tenant and 56 57 the Broker for Landlord what the Landlord knows about lead-based paint and lead-based paint haz Ids that are in or on the 57 56 property being rented. Landlord must tell the Tenant how the Landlord knows that lead-based paint an lead-based paint hazards .50 5g are on the property, where the lead-based paint and lead-based paint hazards are, and the conditio of the painted surfaces. 56 60 Any Landlord of a pre-1978 structure must also give the Tenant any records and reports that the LandI lord has or can get about Go 61 lead-based paint or lead-based paint hazards in or around the property being rented, the common at( as, or other dwellings in 61 02 multi-family housing. It is also required that the EPA pamphlet be given to tenants before the landlord starts any major 52 0 renovations on a pre-1978 structure. The Act does not apply to housing built in 1978 or later. 63 64 Lead Warning a ent Housing built before 1978 may contain lead-based paint. Lead from paint, ain and dust 04 s5 can pose heal s if not taken care of properly. Lead ex osto is especially harmful to your?g i re and pregnant ss fib Tenant Initials: DEFENDANTS Landlord Initials: 66 113 Pennsylvania' Association of ENIM OPYRIGHT PENNSYLVANIA ASSO I ONOP REALTORS@ 1996 REALTORSO 6100 REPLSORa ire Vdm tw xea, Falrtee??pe??syhanla 67 68 69 70 71 72 73 74 75 76 77 70 79 69 61 02 53 84 85 as 87 8a 89 99 91 92 93 94 95 95 97 98 99 100 101 102 103 104. 105 196 107 108 109 110 111 112 113 114 115 116 117 116 119 120 121 122 123 124 125 126 127 120 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 -women. Before renting pre-,1473 housing, Landlords must disclose the presence of known lead paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead A. Landlord initial one: Landlord does not know of any lead-based paint or lead-based paint hazards (danE OR Landlord knows that there is lead-based paint, or that there are lead-based paint 1 Landlord must explain what Landlord knows about the lead-based paint and hazards, learned that it is there, where it is, and the condition of painted walls, trim and other give Tenant any other information Landlord has about the lead-based paint and It ,d paint and lead-based 61 oning prevention. 68 69 on the Property; 70 71 tzatds on the Property. 72 ncluding how Landlord 73 urfaces. Landlord must 74 td-based paint hazards. 75 76 77 B. Landlord initial one: 70 - Landlord has no reports or records about lead-based paint or lead-based paint hazards on the Property; 79 OR 80 _ Landlord has given Tenant all available records and reports about lead-based paint or lead-based paint hazards at on the Property. List records and reports: 82 63 C. Tenant initial all that are true: 84 - Tenant received the pamphlet Protect Your Family From Lead in Your Home. 85 Tenant read the information Landlord gave in paragraph 11 (A) and (B) above. as - Tenant received all records and reports that Landlord listed in paragraph 11 (B) above 07 D. Landlord and Tenant certify, by signing this Lease, that the information given is true to the b St of their knowledge. 03 12. RULES AND REGULATIONS 89 A. Rules for use of the Property are attached. 'Yes ? No 5 d?IG V 7 ?, l 9o B. Tenant promises to obey the Rules. 91 C. Landlord cannot change the Rules unless the change benefits the Tenant or improves the he th, safety, or welf e 92 others. 13. TENANT'S CARE OF PROPERTY 4 Tenant, Tenant's family and guests a ree to obey all laws and Rules that a ?y to Tenant. 95 96 A. Tenant will: (LCI? MME ?" nthM x /'1?S r?t7/ tJrn ^JIS (1) Keep the Property clean and safe. C STN V L ?l l ?QrL ?o I L N z ' (2) Get rid of all trash, garbage and any other waste materials as required by Landlord and t e law. 9 (3) Use care when using any of the electrical, plumbing, ventilation or other facilities or ap liances on the Property, 99 including any elevators. too (4) Tell Landlord immediately of any repairs needed. Landlord does not have to repair any da age caused by Tenant's tot willful, careless, or unreasonable behavior. toe B. Tenant will not: 103 (1) Keep any flammable materials on the Property. 104 (2) Willfully destroy or deface any part of the Property. 105 (3) Disturb the peace and quiet of other tenants. 106 (4) Make changes to the property, such as painting or remodeling, without the written permission of Landlord. Tenant 107 understands that any changes or improvements will belong to the Landlord. - 0 108 C. Repairs by Tenant: Tenant will pay to repair any item in or on the Property that costs less thn $109 Tenant also will pay to repair any damage to the Property or to any item in or on the Property) that Tenant or Tenant's no guests cause through a lack of care. n1 14. LANDLORD WILL MAINTAIN PROPERTY 112 A. Landlord will keep the Property and common areas in reasonable condition and as required b law. 113 B. Landlord will keep all the structural parts of the Property in good working order, including: 114 Ceilings Roof Floors ails 115 Steps Porches Windows oct 16 C. Landlord will keep all systems, services, facilities, or appliances supplied by Landlord in safe nd good working order, 117 including: 110 Air Conditioning Sanitary Electrical Ventilation Drainage 119 Security Heating Water Heating Plumbing 120 D. Landlord will keep Property reasonably free of pests, rodents and insects. This does not apply if Property is a 121 single-family dwelling, 1I 122 E. Landlord will supply utilities and services as listed in paragraph 8 (Utilities and Services) bf this Lease, unless the 123 service is interrupted by circumstances beyond the Landlord's control. 124 F. Landlord cannot increase rents, decrease services, or threaten to go to court to evict Tenant b cause Tenant 125 (1) complains to a government agency or to Landlord about a building or housing code violation. 126 (2) organizes or joins a Tenant's organization. 127 (3) uses Tenant's legal rights in a lawful manner. 120 15. LANDLORD'S RIGHT TO ENTER 129 A. Tenant agrees to let Landlord or Landlord's representatives enter the Property at reasonable h urs to inspect, repair, or 130 show the Property to prospective buyers. I I'll B. Landlord will give Tenant 24 hours' notice of date, time, and reason for the visit. In cases of e ergency, Landlord may 132 enter Property without notice. If Tenant is not there, Landlord will tell Tenant who was [here 'nd why within 24 hours 133 of the visit. 134 16. SECURITY DEPOSIT 135 A. Landlord cannot make Tenant pay a security deposit of more than two-month's rent the first ye r, and one-month's rent 13o after the first year. After five years, the security deposit cannot be raised, even if the rent is r ised. 137 B. If the security deposit is more than $100, Landlord must keep it in a special bank account (e crow account) and give 130 Tenant the name and address of the bank. 139 C. After the second year (if Tenant continues to live on Property), Landlord must keep the secu 'ty deposit in an escrow 140 account that earns interest. Landlord may keep 1 percent of the security deposit each year an administrative fee. 141 Landlord must pay Tenant the balance of the interest once a year. 142 D. Landlord can use the security deposit to pay for unpaid rent and damages (beyond normal w ar and tear) that are 143 Tenant's responsibility. 144 Tenant Initials: Page 2 of 4 Landlord Initials: 145 I45 ` 1--. When Tenant moves from the, Property, Tenant will return all keys and give Landlord written notice of tenant's mail-146 141 ing address where Landlord can return the security deposib: 147 148 F. Landlord will prepare a list of charges for damages and unpaid rents. Landlord may deduct these charges from the 148 149 security deposit. Landlord must return security deposit and interest (minus any charges to T In ant) within 30 days. 145 tao 17. POSSESSION i 159 151 A. Tenant may move in (take possession of the Property) on the Starting Date of this Lease. 151 152 B. If Tenant cannot move in because.previous tenant is still there or because of property damag , Tenant can 152 153 (1) change the starting date of the Lease to the day when Property is available. Tenant will ndtt owe rent until Property 153 154 is available; OR 164 155 (2) end the Lease and have all money already paid as rent or security deposit returned. 155 is6 18. RENT INCREASES 156 157 A. If the Lease is for a term of more than one year, Tenant agrees to pay Tenant's share of any inl tease in real estate taxes 157 150 and water and sewer charges. I 158 159 B. If Tenant's actions cause an increase in property insurance, Tenant will pay the amount of the increase. 155 160 14. NO PETS too 161 Tenant will not keep any pets on any part of the Property without Landlord's written permission. 161 162 20. SMOKE DETECTORS 162 163 A. Tenant will maintain and test (monthly) any smoke detectors on the Property. 16a 164 B. Tenant will notify Landlord or broker for Landlord of any broken smoke detector(s). 164 165 C. Tenant will pay for any damage to Property if Tenant fails to maintain smoke detectors. 165 166 21. FIRE OR OTHER DAMAGE 166 167 A. If the Property is accidentally damaged (fire, flood, etc.): 167 168 (1) Tenant may continue to live on the livable part of the Property and pay a reduced rent a agreed to by Tenant and toe too Landlord until the damages are repaired; if the law does not allow Tenant to live on the roperty, then this Lease 169 178 is ended; OR 170 171 (2) If it is not possible for Tenant to live on the Property, Tenant must notify Landlord immed ately that Lease is ended 171 172 and move out within 24 hours. 172 173 B. If Lease is ended, Landlord will return any unused security deposit or advanced rent to Tena t. 173 174 C. If Tenant, Tenant's family or guests cause damage by fire or by other means, this Lease will re ain in effect and Tenant 174 175 will continue to pay rent, even if Tenant cannot occupy the Property. 175 176 22. AFTER NOTICE TO END LEASE 176 177 A. After Tenant or Landlord has given written notice to end this Lease, Landlord may show Pro erty to possible tenants. 177 178 Landlord will not show Property unless Tenant is there or has a reasonable chance to be the e. Tenant does not have 178 179 to allow possible tenants to enter unless they are with the Landlord or Landlord's represent five, or unless they have 179 180 written permission from the Landlord. too tit B. Landlord may put up For Sale or For Rent signs on or near Property. 191 182 C. Tenant agrees to move out peacefully when Lease is ended. 182 183 23. IF TENANT BREAKS LEASE: 183 184 A. Tenant breaks this Lease if: 184 185 (1) Tenant does not pay rent or other charges. 185 186 (2) Tenant leaves Property permanently before the end of this Lease. 186 187 (3) Tenant does not move out when supposed to. 187 toe (4) Tenant fails to do anything Tenant agreed to in this Lease. 188 189 B. Non-Payment of Rent: If Tenant breaks Lease by not paying rent or other charges, Land ,ord cannot evict Tenant 189 199 (force Tenant to move out) from the Property without a written notice. Tenant agrees that a written notice of FIVE no 191 DAYS is sufficient. This means that if Tenant has not moved from the Property before the six It day after Landlord has 191 192 given Tenant written notice, Landlord can file a lawsuit to evict Tenant. 192 193 TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO A LONGER NOTIC TO MOVE OUT. 193 194 C. Other Lease Violations: If Tenant breaks any other term of this Lease, Landlord must gi e Tenant written notice 194 195 describing the violation and giving Tenant FIVE DAYS to correct the problem. If Tenant does ? ' not correct the problem, 185 too written notice to move from the Property. If T Landlord can then give Tenant FIVE DAYS t nant does not move out, 196 197 Landlord can file a lawsuit to evict Tenant on the sixth day. 197 198 TENANT IS WAIVING OR GIVING UP TENANT'S RIGHT TO LONGER NO ICES TO CORRECT 198 199 PROBLEMS AND TO MOVE OUT. 199 209 D. If Tenant Breaks Lease for Any Reason, Landlord may: 280 201 (1) Get back possession of the Property by going to court to evict Tenant. If Landlor hires a lawyer to start 2o1 292 eviction, Tenant agrees to pay the lawyer's fees and Landlord's reasonable costs. 202 20 (2) File a lawsuit against Tenant for rents and charges not paid and for rents and charges or the rest of the Lease 2113 283 term. If Landlord wins (gets a money judgment against Tenant), Landlord can use a le court process to take 204 205 Tenant's personal goods, furniture, motor vehicles, and money in banks. 205 206 (3) Keep Tenant's Security Deposit. 206 207 24. SALE OF PROPERTY 207 208 A. If Property is sold, on the date of settlement, Landlord will give Tenant in writing: 200 200 (1) The name, address, and phone number of the new landlord. 200 210 (2) Where rent is to be paid. 210 211 (3) Notice that the security deposit has been given to the new landlord, who will be respons i le for it. 211 212 B. Tenant agrees that Landlord may transfer Tenant's money and advanced rent to the new land l rd. 212 213 C. Tenant understands that Landlord will have no duties regarding this Lease after the Property as been sold. 213 214 D. Landlord agrees to require any new landlord, as a condition of sale, to take on Landlord's du 'es under this Lease and 214 215 to honor them. 215 2t0 25. IF GOVERNMENT TAKES PROPERTY 216 217 A. The government or other public authority can take private property for public use. The takin g is called condemnation. 217 213 B. If any part of the Property is taken by the government, Landlord will reduce Tenant's rent p oportionately. If all the 210 219 Property is taken or is no longer usable, this Lease will end and Tenant will move out. Land l rd will return to Tenant 219 220 any unused security deposit or advanced rent. 220 221 C. No money paid to Landlord for the condemnation of the Property will belong to Tenant. 221 222 222 223 223 224 224 nt Initials: Page 3 of 4 Landlord Initials: T 225 225 ena 22G 227 228 229 236 231 232 233 234 235 236 237 230 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 250 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 262 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 26. SUBLEASING AND 'T'RANSFER zza A. Landlord may transfer'this Lease to another landlord. Tenant agrees that this Lease remains the same with the new 221 landlord. 228 B. Tenant may not transfer this Lease or sublease (rent to another person) this Property without Landlord's written per- 229 mission. Landlord will be reasonable about giving written permission. 236 27. TENANT HAS FEWER RIGHTS THAN MORTGAGE LENDER Landlord may have a mortgage on the Property. If 231 so, Landlord agrees to make the mortgage payments. The rights of the mortgage lender come before the rights of the Tenant. 232 (Example: If Landlord fails to make mortgage payments, the mortgage lender could take the Property and end this Lease.) 233 TENANT MAY BE WAIVING OR GIVING UP TENANT'S RIGHTS. TENANT UNDERSTANDS THAT IF 234 THERE IS A FORECLOSURE, THE NEW OWNER WILL HAVE THE RIGHT TO END THIS LEASE. 235 28. BROKERS (1-00) The Business Relationships between the Broker(s) and Landlord and Tenant are as follows, UNLESS a 236 different relationship is checked below. 237 A. The Listing Broker is Agent for Landlord. 238 B. The Leasing Broker is Agent for Tenant. 239 C. When the Listing Broker and Leasing Broker are the same, the Broker is a Dual Agent. Dual Agency applies to all 246 licensees, UNLESS there is a Designated Agent(s) for Landlord and a Designated Agent(s) for Tenant. If the same 241 Licensee is designated for Landlord and Tenant, the Licensee is a Dual Agent. 242 A Business Relationship exists that is different from above, as follows: 243 ? The Leasing Broker is the Agent/Subagent for Landlord. 244 ? The Leasing Broker is a Transaction Licensee. 245 ? The Listing Broker is a Transaction Licensee. 246 D. Broker(s) may perform services to assist unrepresented parties in complying with the terms of this Agreement. 247 29. MEDIATION 248 A. Mediation is a way of resolving problems. A mediator helps the disputing parties reach an agreeable solution without 240 having to involve the courts. 259 B. Landlord and Tenant may agree to take any disputes arising from this Lease to a mediation program offered by the local 251 association of REALTORS " or to another mediator. Landlord and Tenant can agree to mediation as part of this Lease 252 (by signing a mediation form to attach to this Lease), or they can sign an agreement to mediat, after a dispute arises. 253 30. INSURANCE AND RELEASE 254 A. Tenant understands that 255 (1) LANDLORD'S INSURANCE DOES NOT COVER TENANT, TENANT'S PROPERTY OR GUESTS. 256 (2) TENANT SHOULD HAVE FIRE & LIABILITY INSURANCE TO PROTECT ENANT, TENANT'S 257 PROPERTY AND GUESTS WHO ARE INJURED WHILE ON THE PROPERTY. 258 B. Landlord is not legally responsible for any injury or damage that occurs on the Property and enam agrees to pay any 259 loss or claim, including attorney's fees, that results from the damage or injury. 260 C. Landlord is responsible for any injury or damage that results from Landlord's carelessness. 261 D. Tenant is responsible for any loss to Landlord that Tenant, Tenant's family or guests cause. 262 31. CAPTIONS The headings in this Lease are meant only to make it easier to find the paragraphs. 263 32. CONSUMER NOTICE Tenant and Landlord have received the Consumer Notice as adopted by the State Real Estate 2s4 Commission at 49 Pa. Code §35.336. 265 33. ENTIRE AGREEMENT This Lease is the entire agreement between Tenant and Landlord. No poken or written agree- 266 ments made before are a part of this Lease unless they are included in this Lease. 267 268 NOTICE BEFORE SIGNING: IF TENANT HAS LEGAL QUESTI tin CO SUIT AN ATTT/OY. 269 27 WITNESS TENAN 1 DATE Ovt/ O 271 Tenant's Mailing Address S # 272 Phone Number(s) FAX # E-Mail 273 WITNESS TENANT DATE 274 Tenant's Mailing Address SS # 275 Phone Number(s) FAX # E-Mail 276 WITNESS TENANT ATE 277 Tenant's Mailing Address SS # 276 Phone Number(s) FAX # E-Mail 279 WITNESS LA?DrR? DATE 280 Landlord's Mailing Address J/ E??/ SS # ?¢_ 201 Phone Number(s). //'J ? 91 FAX # i E-MaIC . tv OL z C Brokers'/Licensees' Certifications / ? Brokers and Licensees involved in the transaction certify, by gning here that: (1) The information given is true to the best of their knowledge. (2) They have told Landlord of Landlord's responsibilities under the Residential Lead-Based R (42 U.S.C. §4852d), described in the Lead Hazard Disclosure Requirements above. Brokers sure that Landlord gives Tenant the information required by the Act. LEASING BROKER (Company Name) ACCEPTED BY LISTING BROKER (C any N e) ACCEPTED BY LEASE TO A NEW LANDLORD As part of payment received by Owners (Landlord) now transfers to his heirs and estate, this Lease and the right to receive the rents and other benefits. WITNESS WITNESS LANDLORD LANDLORD Page 4 of 4 Iazard Reduction Act Licensees must make of current Landlord) ne of new Landlord) 263 284 285 286 207 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 Thomas E. Brenner, Esquire Cady J, WIgmer, Esquire Goldberg Katzman, P.C. PQ Box 1268 Rmi5bur6 PA 17108-1268 717-234.4161 Attomeys forPlainti££ Opy ERIE INSURANCE EXCHANGE :IN THE COURT OF COMMON PLEAS as Subrogee of GRACE ILIOFF, :CUMBERLAND CO., PENNSYLVANIA Plaintiff //)?? / :NO. OS- JIPd 'l L [ U 1, crJ? "? V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC- and JAY CURRICCI Defendant .CIVIL ACTION - LAW. 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.writingwith 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 an a judgment may e entere against you y e Court wt out rt 1 r notice 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 CANNO'T' AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR'T'H BELOW TO FIND OUT WHERE YOU Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 lll'l$af3rYtsrid .:.;f, 1 k41re :1<r' £?( oly lwrti srry+ Sv,1:7?1r1 X1.4 :.i:,:i} ;1.f e.ei<4ia1.- NOTICLk Le loan demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) Bias de plazo al partir de la fecha de la demanda y la notificacion_ Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado clue si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos irnportantes para usted. LLEVEESTADEMANDAAUNABOGADOIMMEDIATAMENTE. SINO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. , Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Thomas E. Brenner, Esquire Ca 1yI. Wismer, Esquire Goldberg Katzman, P.C PO Box 1268 Harrisburg, PA 17108-1268 717-2344161 Attomeys for Plaintiff ERIE INSURANCE EXCHANGE as Subrogee of GRACE ILIOFF, Plaintiff V. :IN THE COURT OF COMMON PLEAS :CUMBERLAND CO., PENNSYLVANIA :NO. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC. and jAY :CIVIL ACTION - LAW CURRICCI Defendant GOMI'LAIN'I' COUNT I Erie Insurance Exchange v. Sunauild III Condominium Association AND NOW, comes Plaintiff, Erie Insurance Exchange as subrogee of Grace Ilioff, by their attorneys, Goldberg Katzman, Rd., who avers as :follows: S. a`maff ne nsurmce xc 1 =ge as a usiaess ePM7 with a office located at 4901 Louise Drive, Mechanicsburg, Cumberland County, Pennsylvania authorized to issue policies of insurance- 2.. At the time of this incident, Plaintiffs insured, Grace.Ilioff was an adult individual residing at 599-5 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvaszia- 3. Defendant Jay Curricci is an adult individual residing at 591-11 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania 4. Defendant Sunguild III Condominium Association is an entity managed by Property Management, Inc. with an address of 1300 Market Street, Lemoyne, Cumberland County, Pennsylvania, which is responsible for controlling and monitoring the common areas within the condominium complex where Ilioff resided. 5. This matter involves water damage to the Grace Ilioffs condominium which occurred on August 18, 2003. 6. A line to an air conditioning unit in a condominium located above Grace Ilioff s clogged and then froze causing condensation to build up and leak over the catch pan causing water damage to Grace Ilioff s ceiling, bedroom walls, carpeting and wood flooring. 7. Defendant Sunguild III Condominium Association was negligent in that it failed to properly maintain and repair the common elements of the condominiums which included the piping and air conditioning unit described above. 8. As a direct result of the water damage caused by the air condition leaking, Grace Ili.off's condominium was damaged, necessitating repairs in the amount of 9. Defendant Sunguild III Condominium Association refused to pay for the damages to Grace IliofFs condominium so she made a claim under her policy with Erie 2 f i Insurance Exchange for the damages to her condominium, resulting in payment by Plaintiff Erie Insurance Exchange, giving rise to this action in subrogation. WHEREFORE, Plaintiff Erie Insurance Exchange demands judgment against Defendant Sunguild III Condominium Association in the amount of $4,515.33, together with interest and costs of suit, COUNT II Erie Insurance Exchange v jay Curricci 10. The averments of paragraphs 1 though 9 are incorporated herein by reference_ 11. Defendant Jay Curricci is an adult individual residing at 591-11 Geneva Drive, Mechanicsburg, Cumberland County, Pennsylvania. 12. An air conditioningunitin Jay Curriccils condominium located above Grace Ihoff's condominium leaked causing water damage to her ceiling, bedroom walls, carpeting and wood flooring- 13. Defendant Jay Curricci was negligent in that he: a_ failed to properly maintain his air conditioning unit; and b. failed to make timely repairs of his air conditioning unit. -. _..= ht-_- a ,_.7 t.. .?? t+..F+j?P tT)?] PY?a ma ra.:r-.a),car? h, ?r1^r arr Gntt?lt(TnU-leal?m2.. Grace ThofPs condominium was damaged, necessitating restorations in the amount of $4,515.33 3 W14EREFORE,, Plaintiff Erie Insurance Exchange demands judgment against Defendant Jay Curricci in the amount of $4,515.33, together with interest and costs of s 1,11 t' GOLDBERG KATZMAN, P.C. B T somas E- Brenner, Esquire Attorney ID #32085 Carly J. Wismer, Esquire Attorney ID #92598 PO Box 1268 Harrisburg, PA 17108-12 j?fr 717-234-4161 Attorneys for Plaintiff Date: June 20, 2005 122531.1 4 VERIFICATION I,_t? G< S Q(J<//C(rF hereby acknowledge that I am an authorized representative of Erie Insurance Exchange; that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, infotrnation and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. ERIE INSURANCE EXCHANGE By: Date: S/? /Q 111z871 VERIFICATION Defendant verifies that he is the Defendant in the foregoing action; that the foregoing COMPLAINT TO JOIN ADDITIONAL DEFENDANT is based upon information which he has furnished to his counsel and information which has been gathered by his counsel in the preparation of the lawsuit. The language of the COMPLAINT TO JOIN ADDITIONAL DEFENDANT is that of counsel and not of the Defendant. Defendant has read the COMPLAINT TO JOIN ADDITIONAL DEFENDADNT and to the extent that the COMPLAINT TO JOIN ADDITIONAL DEFENDANT is based upon information which he has given to his counsel, it is true and correct to the best of his knowledge, information and belief. To the extent that the content of the COMPLAINT TO JOIN ADDITIONAL DEFENDANT is that of counsel, he has relied upon counsel in making this Affidavit. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: rp #13915 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Complaint to Join Additional Defendant has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this day of? , 2006. Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Plaintiff) Michele J. Thorp, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorney for Sunguild III Condominium Association, c/o Property Management, Inc.) Randy Schmidt 930 Willshire Drive Mechanicsburg, PA 17050 SUMMERS, McDONNELL, HUDOCK, GUTHRIE 8i SKEEL, L.L.F. By: Pvin D. Rduch1E KM*e Counsel for Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci ,., _,, -? ?.: ?= ?,.-; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE as Subrogee of GRACE ILIOFF, Plaintiff, CIVIL DIVISION NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, C/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, TEN DAY IMPORTANT NOTICE (Jury Trial Demanded) Defendants, Filed on Behalf of the Defendant, Joseph J. Curreri, Jr., v. incorrectly identified as Jay Curricci RANDY SCHMIDT, Additional Defendant. Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13915 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, CIVIL DIVISION as Subrogee of GRACE ILIOFF, Plaintiff, NO. 05-3184 V. (Jury Trial Demanded) SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants, V. RANDY SCHMIDT, Additional Defendant. TO: Randy Schmidt, Additional Defendant 930 Willshire Drive Mechanicsburg, PA 17050 Date of Notice: June 7, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 1-800-990-9108 or 1-717-249-3166 Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.L.P. evin D.'Rauch, Esquire ounsel for Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Ten Day Important Notice has been mailed by U.S. Mail to counsel of record via first class mail, Q postage pre-paid, this TT r-- day of wr?? 2006. Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Plaintiff) Michele J. Thorp, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorney for Sunguild III Condominium Association, c/o Property Management, Inc.) Randy Schmidt 930 Willshire Drive Mechanicsburg, PA 17050 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL. L.LR. By: K in-D. Rabch, Esquire C unsel for Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci r + `fl cr O Li G ERIE INSURANCE GROUP as Subrogee of GRACE ILIOFF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 05-3184 V. SUNGUILD III CONDO : ASSOCIATION and JAY CURRICCI Defendants V. CIVIL ACTION - LAW RANDY SCHMIDT, Additional Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE PROTHONOTARY: Carly J. Wismer, counsel for plaintiff in the above action, files this Petition for the Appointment of a Board of Arbitrators and respectfully avers that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is: $4,515.33. 3. The counterclaim of the defendant and additional defendants is: $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Carly J. Wismer, Esquire; Kevin D. Rauch, Esquire; Michelle Thorpe, Esquire. WHEREFORE, your Petitioner prays your onorable Court to appoint three (3) arbitrators to whom the case shall be submitted to the Octo Arbitration Term. Carly . Wismer, Esquire Attorney ID 92598 Attorney for Plaint ORDER OF COURT AND NOW, this day of , 2006, in consideration of the foregoing Petition, , Esq., and Esq., and , Esq., are appointed arbitrators in the above- captioned action (or actions) as prayed for. BY THE COURT: ?j?. .... ?= ?: a ?= ? _ _? `?' ?. T r ?; r? ? ? , _ a .W.., ? _ ?, ? ??- _ ? ?, . _ :- ?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, as Subrogee of GRACE ILIOFF, Plaintiff, CIVIL DIVISION NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, C/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT (Jury Trial Demanded) Defendants, Filed on Behalf of the Defendant, V. Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci RANDY SCHMIDT, Additional Defendant. Counsel of Record for This Party: Kevin D. Rauch, Esquire Pa. I.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13915 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, CIVIL DIVISION as Subrogee of GRACE ILIOFF, Plaintiff, NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants, V. RANDY SCHMIDT, Additional Defendant. (Jury Trial Demanded) PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: Prothonotary Kindly enter a Judgment of Default against the Additional Defendant, Randy Schmidt, in the above-referenced matter for failure to plead to the Defendant's Complaint to Join Additional Defendant. I hereby certify that I mailed written notice to the Additional Defendant in accordance with Pa.R.C.P. 237.1. Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. By: k9".-D, Kevin D. Rauch, Esquire Mrie Counsel for Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, as Subrogee of GRACE ILIOFF, Plaintiff, V. SUNGUILD III CONDOMINIUM ASSOCIATION, c% PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants, V. RANDY SCHMIDT, Additional Defendant. CIVIL DIVISION NO. 05-3184 TEN DAY IMPORTANT NOTICE (Jury Trial Demanded) c v o T ?;'.: Filed on Behalf of the Defendar[t`` •? Rte Joseph J. Curreri Jr. , , incorrectly identified as Jay CufGi -© ' C, W C? m Counsel of Record for This Party A Kevin D. Rauch, Esquire P.a. a.D. #83058 SUMMERS, McDONNELL, HUDOCK, GUTHRIE.and SKEEL, L.L.P. Firm #911 1017 Mumma Road, Suite 300 Lemoyne, PA 17043 (717) 901-5916 #13915 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, CIVIL DIVISION as Subrogee of GRACE ILIOFF, Plaintiff, NO. 05-3184 V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC., and JAY CURRICCI, Defendants, V. RANDY SCHMIDT, Additional Defendant. (Jury Trial Demanded) TO: Randy Schmidt, Additional Defendant 930 Willshire Drive Mechanicsburg, PA 17050 Date of Notice: June 7, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 1-800-990-9108 or 1-717-2493166 Respectfully submitted, SUMMERS, McDONNELL, HUDOCK, GUTHRIE 4 SKEEL, L.L.P. By: evin D.'Rauch, Esquire ounsel for Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricc! CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Ten Day Important Notice has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 4L. day of 2006. Thomas E. Brenner, Esquire Carly J. Wismer, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Plaintiff) Michele J. Thorp, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorney for Sunguild III Condominium Association, c/o Property Management, Inc.) Randy Schmidt 930 Willshire Drive Mechanicsburg, PA 17050 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L R. By: Cdunsel for Defendant, Joseph J. Curred, Jr., incorrectly identified as Jay Curricci CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT has been mailed by U.S. Mail to counsel of record via first class mail, postage pre-paid, this 3(d4L day of 2006. Thomas E. Brenner, Esquire Carly J. Wismar, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorneys for Plaintiff) Michele J. Thorp, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (Attorney for Sunguild III Condominium Association, c/o Property Management, Inc.) Randy Schmidt 930 Willshire Drive Mechanicsburg, PA 17050 SUMMERS, McDONNELL, HUDOCK, GUTHRIE & SKEEL, L.L.P. Kevin D. Rauch, Esquire "Ve Counsel for Defendant, Joseph J. Curreri, Jr., incorrectly identified as Jay Curricci ? ?.?. ??. T_-' -.?+0 -64 -,0 (D(''? 1/' ..,., V ?? V 1 ? t' a t + ERIE INSURANCE EXCHANGE As subrogee of GRACE ILIOFF, Contractor, PLAINTIFF V. SUNGUILD III CONDOMINIUM ASSOCIATION, c/o PROPERTY MANAGEMENT, INC. and JAY CURRICCI, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-3184 CIVIL TERM ORDER OF COURT AND NOW, this 44, day of October, 2006, the appointment of Jefferson J. Shipman, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Lindsay Dare Baird, Esquire, is appointed in his place. By the Cou Edgar R' Bailey, J. Anthony Adams, Esquire Chairman -'(indsay Dare Baird, Esquire Court Administrator :sal A CE, C:) P- 3LU LL -4 C D zi f i - jL -SNSurawVcE. G(-O%Jp1 C) 9" ;?' - Plaintiff SS a? c j?'? r?L C-? r ? co--A Defend In The Court of Common Pleas of Cumberland County, Pennsylvania No. o55 - 8 c , ? / Civil Action - Law. v-? SCA,. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelitv. IA. &4ty--114 f?am Name (Chairman ?L 6.knc-??I M Law Firm Y?2_ S*- Address Name /&//?I/ Law Firm ?- , K!2 CY 4a n-? V Address Signatur TrInt) &?4*a Name (T*u& Law Firm f 22 2.S YeNAVI W 0M ? Address 96nt' nrs&w- CA, / i /poi3 /??fA 1702-5 City, i r% City, zip city, zip loa?a # otto3 1888A Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ?'? a ?h > UnQ irk DA ADA1Zq f S viva vi ld 7' 67Y, doIn i -I/ M &S c c l;O- L C/© pan/0 PW ?? . 1)9. A/1Yn4?Alenr f 6A? ,7-/*/ CU Vr 0-66 0 VP PF,- I Date of Hearing: a 1 (2k:? Date of Award:-10'@ -7 0 (0 Notice of Entry of Award f>"? q Now, the day of j\Jpvember , 20Q(p - , at , _A_.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ aQ?. OO By: Prothonotary Deputy ) 1449", 6?9' . Arbitrator, dissents. (Idsert name if applicable Ok {1?, W l?Ik ef ? ile& e5 p p, i t"? w as8?. t. CC) 7 t 3'; i ERIE INSURANCE GROUP as Subrogee of GRACE ILIOFF, Plaintiff V. SUNGUILD III CONDO ASSOCIATION and JAY CURRICCI Defendants V. RANDY SCHMIDT, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 05-3184 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT Please enter Judgment against the Additional Defendant, Randy Schmidt, in the amount of $4,515.33, plus costs of suit, pursuant to the Arbitrators Award of November 2, 2006. GOLDBERG KATZMAN, P.C. By:JJ.is J`-- Carly er, Esquire Attorney ID 92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiff Date: 5/14/07 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Randy Schmidt 920 Willshire Drive Mechanicsburg, PA 17050 Kevin D. Rauch, Esquire Summers, McDonnell, Hudock, Guthrie & Skeel 1017 Mumma Road Lemoyne, PA 17043 Michelle Thorpe, Esquire Thomas, Thomas & Hafer PO Box 999 Harrisburg, PA 17108-0999 GOLDBERG KATZMAN P.C. By: ? G Malinda A. Elliott, Paralegal Date: 5/14/07 C? 400- ? ?c t ?O N ls' ?T ?-L a ?c7 r?w ERIE INSURANCE GROUP as Subrogee of GRACE ILIOFF, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 05-3184 V. SUNGUILD III CONDO ASSOCIATION and JAY CURRICCI CIVIL ACTION, LAW Defendants V. RANDY SCHMIDT, Additional Defendant AFFIDAVIT OF NON-MILITARY SERVICE To the best of my knowledge, Additional Defendant Randy Schmidt is not a member of the military service. GOLDBERG I -ATZ-NIAN, P.C. Subscribed and sworn to before me this, ?n day of NIay, 2007. "?? a- a'L Notary Public B, W 11) 01? Carly isiner, Esquire COMMONWEALTH OF PENNSYLVANIA NotarW sew City Off iii My On M4ft June 28 2010 Member, Pennsylvania Association of Notaries s-s t? r-Z