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HomeMy WebLinkAbout05-3703COZEN O'CONNOR BY: SEAN P. O'DONNELL Atty. Regis. #76533 1900 Market Street The Atrium - Third Floor Philadelphia, PA 19103 (215) 665-2733 TIMOTHY AND LESLIE THUMMA 1512 Inverness Drive Mechanicsburg, Pennsylvania 17050 and UNITRIN AUTO & HOME INSURANCE COMPANY a/s/o Timothy and Leslie Thumma 5220 Belfort Road Jacksonville, FL 32256-6017 Plaintiffs V, HAUBERT HOMES, INC. 15 Central Boulevard Camp Hill, Pennsylvania 17011 and STEVEN PROUGH individually and d/b/a PROUGH ELECTRIC RR 2 Box 99 Mount Union, Pennsylvania 17066 Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. Q S?' 37n C4-;? t .1„ JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claim 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 via 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 other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -2- COZEN O'CONNOR BY: SEAN P. O'DONNELL Atty. Regis. 976533 1900 Market Street The Atrium - Third Floor Philadelphia, PA 19103 (215) 665-2733 Attorneys for Plaintiff TIMOTHY AND LESLIE THUMMA 1512 Inverness Drive Mechanicsburg, Pennsylvania 17050 and IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. ps"- .37o3 (' ;' 4 ` 0 UNITRIN AUTO & HOME INSURANCE COMPANY a/s/o Timothy and Leslie Thumma 5220 Belfort Road Jacksonville, FL 32256-6017 : JURY TRIAL DEMANDED Plaintiffs V. HAUBERT HOMES, INC. 15 Central Boulevard Camp Hill, Pennsylvania 17011 and STEVEN PROUGH individually and d/b/a PROUGH ELECTRIC RR 2 Box 99 Mount Union, Pennsylvania 17066 Defendants COMPLAINT 1. Plaintiffs, TIMOTHY AND LESLIE THUMMA, are citizens of the Commonwealth of Pennsylvania who at all relevant times resided at 1512 Inverness Drive, Mechanicsburg, PA 17050. 2. Plaintiff UNITRIN AUTO & HOME INSURANCE COMPANY (hereinafter "UNITRIN"), formerly trading as Kemper Auto & Home Insurance Company, is a corporation duly organized and existing under the laws of the State of New York, with a principal place of business located at 5220 Belfort Road, Jacksonville, Florida, which at all relevant times was authorized to issue insurance policies in the Commonwealth of Pennsylvania. 3. Defendant, HAUBERT HOMES, INC. (hereinafter "HAUBERT"), is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 15 Central Boulevard, Camp Hill, Pennsylvania 17011. 4. At all relevant times, HAUBERT was engaged in the business of developing and constructing residential real estate and custom houses, including the Fairwinds Development in Cumberland County, Pennsylvania. 5. Defendant STEVEN PROUGH d/b/a PROUGH ELECTRIC (hereinafter "PROUGH ELECTRIC") is an individual operating an electrical contracting business under the fictitious name "Prough Electric" with a place of business located at of RR 2 Box 99, Mount Union, Pennsylvania 17066. 6. Upon information and belief, defendant HAUBERT designed and built the Thummas' house at 1512 Inverness Drive, Mechanicsburg, Pennsylvania (the "house") as part of its Fairwinds Development project. 7. Upon information and belief, defendant HAUBERT contracted with defendant PROUGH ELECTRIC to install the electrical service and wiring in the subject house. 8. At all relevant times, TIMOTHY and LESLIE ANN THUMMA owned the real and personal property at 1512 Inverness Drive, Mechanicsburg, Pennsylvania, which they purchased from defendant HAUBERT. -2- 9. On or about March 12, 2004, afire occurred at the Thummas' house, causing fire and smoke damage throughout the residence. 10. As a result of the fire, the Thummas sustained severe and extensive damage to their real and personal property and additional living expenses. 11. At all times relevant, plaintiff UNITRIN insured plaintiffs TIMOTHY AND LESLIE THUMMA pursuant to policy number PZ034339. 12. Pursuant to its policy of insurance, UNITRIN paid TIMOTHY AND LESLIE THUMMA in excess of $350,000.00 to repair and replace their damaged property and, therefore, UNITRIN is legally and contractually subrogated to their rights to the extent of its payments. 13. The Thummas sustained damages in excess of the amounts paid by UNITRIN. COUNT I-NEGLIGENCE PLAINTIFFS V. HAUBERT HOMES. INC. 14. Plaintiffs incorporate by reference each and every allegation set forth above as though fully set forth herein at length. 15. As the general contractor and developer that designed and constructed the subject house, defendant HAUBERT owed plaintiffs a duty to construct the house in a good, safe and workmanlike manner, and free from hazardous defects that could cause fires. 16. The fire and the resulting damages were directly and proximately caused by the negligence, carelessness, and negligent acts and/or omissions of defendant HAUBERT, its agents, servants and/or employees acting within the course and scope of their employment, both generally and in the following particulars: (a) failing to properly design and install the electrical system, including all wiring in the house; -3- (b) failing to properly inspect the electrical wiring at the subject house to insure that it was installed properly in accordance with all applicable codes, and safely; (c) failing to perform its work and services in a good and workmanlike manner and in accordance with all applicable building and electrical codes and standards, and industry custom and practice; (d) improperly installing the electrical system and wiring in a manner that created a risk of fire; (e) failing to properly install the circuits and conductors running through the studs of the exterior wall of the residence; (f) failing to properly supervise and inspect the work its sub-contractors, including Prough Electric, performed at the house; (g) failing to properly hire and supervise its subcontractors; (h) installing improper, defective, old and/or damaged circuits and wiring in the house; and (i) failing to take all precautions necessary to prevent the electrical wiring in the house from causing a fire. WHEREFORE, Plaintiffs, TIMOTHY AND LESLIE THUMMA and UNITRIN AUTO & HOME INSURANCE COMPANY, demand judgment against Defendant, HAUBERT HOMES, INC., jointly and severally, in an amount in excess of $363,965.00, together with delay damages, interest, and the cost of this action. COUNT II - BREACH OF IMPLIED WARRANTY OF HABITABILITY PLAINTIFFS V. HAUBERT HOMES, INC. 17. Plaintiffs incorporate by reference each and every allegation set forth above as though fully set forth herein at length. -4- 18. By building and selling the subject house, defendant HAUBERT impliedly warranted that the house was constructed in a good, safe and workmanlike manner, and free from material defects and hazardous conditions, including fire hazards, and habitable. 19. Defendant HAUBERT breached its implied warranty of habitability by building and selling a house that was unsafe, not habitable, and not free from material defects because the electrical wiring in the house was not installed properly in accordance with all applicable building, fire and electric codes, and, as a result, a fire occurred. 20. Defendant HAUBERT' S breach of its implied warranty of habitability was the cause of the fire and property damages suffered by plaintiffs. 21. As direct and proximate result of defendant HAUBERT' S breach of its implied warranty of habitability, plaintiffs TIMOTHY AND LESLIE THUMMA suffered severe and substantial damage to their real and personal property, and additional living expenses. WHEREFORE, Plaintiffs, TIMOTHY AND LESLIE THUMMA and UNITRIN AUTO & HOME INSURANCE COMPANY, demand judgment against Defendant, HAUBERT HOMES, INC., in an amount in excess of $363,965.00, together with delay damages, interest, and the cost of this action. COUNT III -BREACH OF IMPLIED WARRANTY OF WORKMANLIKE PERFORMANCE PLAINTIFFS v. HAUBERT HOMES. INC. 22. Plaintiffs incorporate by reference each and every allegation set forth above as though fully set forth at length herein. 23. At the builder and seller of the subject house, defendant HAUBERT impliedly warranted that its construction work was performed in a good, proper, safe and workmanlike manner. -5- 24. The aforementioned fire and the resulting damages were directly and proximately caused by defendant HAUBERT'S breach of its implied warranty of workmanlike performance for the reasons set forth more fully in Paragraph 16 of this Complaint. WHEREFORE, Plaintiffs, TIMOTHY AND LESLIE THUMMA and UNITRIN AUTO & HOME INSURANCE COMPANY, demand judgment against Defendant, HAUBERT HOMES, INC., in an amount in excess of $363,965.00, together with delay damages, interest, and the cost of this action. COUNT IV - NEGLIGENCE PLAINTIFFS V. STEVEN PROUGH individually and d/b/a PROUGH ELECTRIC 25. Plaintiffs incorporate by reference each and every allegation set forth above as though fully set forth herein at length. 26. As the electrical subcontractor that installed the electrical wiring in the Thummas' house, PROUGH ELECTRIC owed plaintiffs a duty to install the electrical wiring in a good, safe and workmanlike manner, and free from hazardous defects that could cause fires. 27. The fire and the resulting damages sustained by TIMOTHY AND LESLIE THUMMA were directly and proximately caused by the negligence, carelessness, and negligent acts and/or omissions of PROUGH ELECTRIC, its agents, servants and/or employees acting within the course and scope of their employment, both generally and in the following particulars: (a) failing to properly design and install the electrical system, including all wiring in the house; (b) failing to properly inspect the electrical wiring at the subject house to insure that it was installed properly in accordance with all applicable codes, and safely; -6- (c) failing to perform its work and services in a good and workmanlike manner and in accordance with all applicable building and electrical codes and standards, and industry custom and practice; (d) improperly installing the electrical system and wiring in a manner that created a risk of fire; (e) failing to properly install the circuits and conductors running through the studs of the exterior wall of the residence; (f) failing to properly train, oversee and supervise its employees, agents, and subcontractors; (g) installing improper, defective, old and/or damaged circuits and wiring in the house; and (h) failing to take all precautions necessary to prevent the electrical wiring in the house from causing a fire. WHEREFORE, Plaintiffs, TIMOTHY AND LESLIE THUMMA and UNITRIN AUTO & HOME INSURANCE COMPANY, demand judgment against Defendant, STEVEN PROUGH, individually and d/b/a PROUGH ELECTRIC, jointly and severally, in an amount in excess of $363,965.00, together with delay damages, interest, and the cost of this action. COUNT V -BREACH OF IMPLIED WARRANTY OF WORKMANLIKE PERFORMANCE PLAINTIFFS v. STEVEN PROUGH individually and d/b/a PROUGH ELECTRIC 28. Plaintiffs incorporate by reference each and every allegation set forth above as though fully set forth at length herein. -7- 29. By installing the electrical system, including all electrical wiring, at the subject house, PROUGH ELECTRIC impliedly warranted that its work was performed in a good, proper, safe and workmanlike manner. 30. Defendant PROUGH ELECTRIC breached its implied warranty by failing to install the electrical system, including the electrical wiring in the house, in a good, safe, and workmanlike manner and by violating applicable building, electric and fire safety codes and standards. 31. The aforementioned fire and the resulting damages sustained by TIMOTHY AND LESLIE THUMMA were directly and proximately caused by PROUGH ELECTRIC'S breach of its implied warranty of workmanlike performance. WHEREFORE, Plaintiffs, TIMOTHY AND LESLIE THUMMA and UNITRIN AUTO & HOME INSURANCE COMPANY, demand judgment against Defendant, STEVEN PROUGH, individually and d/b/a PROUGH ELECTRIC in an amount in excess of $363,965.00, together with delay damages, interest, and the cost of this action. COZEN O'CONNOR BY: SEAN P. O'DO ELL, ESQUIRE 1900 Market Street Philadelphia, PA 19103 (215) 665-2089 ATTORNEYS FOR PLAINTIFFS DATED: July 19, 2005 -8- VERIFICATION I, Sean P. O'Donnell, Esquire, hereby state that I am authorized to make this Verification on behalf of Plaintiffs and I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief based on my investigation. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATED: July 19, 2005 BY: SAN P. O'DONNELL 7 c? G F ? C.` CFJ C' 0 r r O Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendant Haubert Homes TIMOTI-TYand LESLIE TI IUMMA, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA and UNITRIN AUTO & HOME INSURANCE a/s/o Timothy and Leslie Thumma, Plaintiffs V. NO. 05-3703 CIVIL ACTION - LAW :JURY TRIAL DEMANDED HAUBERT HOMES, INC. and STEVEN PROUGH, Individuall and d/b/a PROUGH ELECTRIC, Defendants ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire of Goldberg Katzman, P.C. on behalf of Defendant Haubert Homes, Inc. GOLDBERG KATZMAN, P.C. By._ Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendant Haubert Homes, Inc. Date: August 10, 2005 CERTIFICATE OF SERVICE I HEREBY CERTIFY that this date I served a true and correct copy of the foregoing document upon all parties or counsel of record by electronic filing or first class mail as follows: Sean O'Donnell, Esquire Cozen O'Connor 1900 Market Street, Third Floor Philadelphia, PA 19103 Steven Prough d/b/a Prough Electric RR #2, Box 99 Mt. Union, PA 17033 GOLDBERG KATZMAN, P.C. By. Thomas E. Brenner, Esquire Date: August 10, 2005 n Q G Sll _ .n N Jc =? C7 ?rn -G Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendant Haubert Homes TIMOTHYand LESLIE THUMMA,: IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA and NO. 05-3703 UNITRIN AUTO & HOME INSURANCE a/s/o Timothy and : Leslie Thumma, : CIVIL ACTION - LAW Plaintiffs V, :JURY TRIAL DEMANDED IIAUBERT HOMES, INC. and STEVEN PROUGH, Individually and d/b/a PROUGH ELECTRIC, Defendants NOTICE TO PLEAD TO: Timothy and Leslie Thumma c/o Sean O'Donnell, Esquire Cozen O'Connor 1900 Market Street, Third Floor Philadelphia, PA 19103 and Steven Prough Prough Electric RR #2, Box 99 Mt. Union, PA 17066 YOU ARE REQUIRED to plead to the within New Matter and Ctossclaim within 20 days of service hereof or a default judgment may be entered against you. Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendant Haubert Homes TIMOTI Yand LESLIE THUMMA, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANTA and UNITRIN AUTO & HOME INSURANCE a/s/o Timothy and Leslie Thumma, Plaintiffs V. I-IAUBERT HOMES, INC. and STEVEN PROUGH, Individually and d/b/a PROUGH ELECTRIC, Defendants NO. 05-3703 CIVIL ACTION - LAW :JURY TRIAL DI,,MANDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT HAUBERT HOMES, INC. AND NOW, comes Defendant, Haubert Homes, Inc., by its attorneys, Goldberg Katzman, P.C., who state: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. The Thummas purchased the home from Homestead Group, Inc. 9. Admitted. 10. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(c). 12. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e). COUNT I - NEGLIGENCE PLAINTIFFS v. HAUBERT HOMES, INC. 14. The answers to paragraphs 1 through 13 are incorporated herein by reference. 15. Denied. The paragraph states a legal conclusion to which no response is necessary. 16. Denied. It is denied that Defendant Haubert was negligent or careless in the construction of the home. The remainder of the paragraph sets forth a series of legal conclusions to which no response is necessary. In further response, the paragraph is denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant Haubert Homes, Inc, requests that Count I of the Plaintiffs' Complaint be dismissed, with prejudice. COUNT II - BREACH OF IMPLIED WARRANTY OF HABITABILITY PLAINTIFFS v. HAUBERT HOMES. INC. 17. The answers to paragraphs 1 through 16 are incorporated herein by reference. 1& Denied. The paragraph states a legal conclusion to which no response is necessary. Defendant Haubert did not sell the home to the Thummas 19. Denied. The paragraph states a legal conclusion to which no response is necessary. Defendant Haubert did not sell the home to the Thummas. 20. Denied. The paragraph states a legal conclusion to which no response is necessary. 21. Denied. The paragraph states a legal conclusion to which no response is necessary. In further response, the remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029(e). VMERFFORE, Defendant Haubert Homes, Inc. requests that Count IT of the Plaintiffs' Complaint be dismissed, with prejudice. COUNT III - BREACH OF IMPLIED WARRANTY OF WORKMANSHIPLIKE PERFORMANCE PLAINTIFFS v. HAUBERT HOMES, INC. 22. The answers to paragraphs 1 through 21 are incorporated herein by reference. 23. Denied. The paragraph states a legal conclusion to which no response is necessary. Moreover, Haubert was not the seller of the home to the Plaintiffs. 24. Denied. The paragraph states a legal conclusion to which no response is necessary. In further response, the answer of Haubert Homes' paragraph 16 are incorporated herein by reference. WHEREFORE, Defendant Haubert Homes, Inc. requests that Count III of the Plaintiffs' Complaint be dismissed, with prejudice. COUNT IV - NEGLIGENCE PLAINTIFFS v. STEVEN PROUGH, individually and d/b/a PROUGH ELECTRIC 25-27. These paragraphs are directed to a party and no response is required by the Answering Defendant. COUNT V - BREACH OF IMPLIED WARRANTY OF WORKMANLIKE PERFORMANCE PLAINTIFFS v. STEVEN PROUGH, individually and d/b/a PROUGH ELECTRIC 28-31. These paragraphs are directed to a party and no response is required by the Answering Defendant. NEW MATTER DIRECTED TO PLAINTIFFS 32. The fire in the Plaintiffs' home arose from actions or events unrelated to the home construction. 33. The fire in the Plaintiffs' home was caused by contributory negligence on the part of the Plaintiffs. 34. The fire in the Plaintiffs' home was caused by comparative negligence on the part of the Plaintiffs. 35, The fire in the Plaintiffs' home arose from actions of parties not named to this litigation. 36. Plaintiffs' claims of joint and several liability are subject to the legal standards set forth in the Fair Share Act. 37. Steven Prough d/b/a Prough Electric, served as an independent subcontractor on the construction of the home purchased by Plaintiffs. WHEREFORE, Defendant Haubert Homes, Inc. requests that Plaintiffs' Complaint be dismissed, with prejudice. CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(d) Haubert Homes, Inc. v. Steven Prough, d/b/a Prough Electric 38. The averments of paragraphs 26 through 31 are in corporated herein by reference. 39. Defendant Steven Prough d/b/a Prough Electric served as the electrical contractor on this home construction. 40. If the Plaintiffs establish the loss arose from the electrical wiring in the home, then Defendant Steven Prough d/b/a Prough Electric should be found solely liable; or in the alternative, liable over to Defendant Haubert for indemnity and/or contribution. WHEREFORE, Defendant Haubert Homes, Inc. demands judgment against Defendant Steven Prough d/b/a Prough Electric, finding them solely liable on the Plaintiffs' claim or, in the alternative, liable over to Defendant Haubert for indemnity and/or contribution. GOLDB17RG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendant Flaubert Homes, Inc. Date: August 22, 2005 VERIFICATION We, Don Haubert and Brad I Iaubert, hereby acknowledge that we are authorized representatives of Haubert Homes, Inc., a Defendant in this action; that we have read the foregoing document and that the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. HAUBERT HOMES, INC. By: 9ov-?z on Haubert HAUBERT HOMES. INC. By: Date: 1F?,// 9 /d S- 125160.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that this date I served a true and correct copy of the foregoing document upon all parties or counsel of record by electronic filing or first class mail as follows: Sean O'Donnell, Esquire Cozen O'Connor 1900 Market Street, Third Floor Philadelphia, PA 19103 Steven Prough d/b/a Prough Electric RR #2, Box 99 Mt. Union, PA 17066 GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire Date: August 22, 2005 F'? .a -n C^ ?n •? T r? , ?7 W c? ;'; ,?, >`i`> ;? r ?? ?•? c, ? :< C%' COZEN O'CONNOR BY: SEAN P. O'DONNELL Atty. Regis. 976533 1900 Market Street The Atrium - Third Floor Philadelphia, PA 19103 (215) 665-2733 Attorneys for Plaintiff TIMOTHY AND LESLIE THUMMA 1512 Inverness Drive Mechanicsburg, Pennsylvania 17050 and UNITRIN AUTO & HOME INSURANCE COMPANY a/s/o Timothy and Leslie Thumma 5220 Belfort Road Jacksonville, FL 32256-6017 Plaintiffs V. HAUBERT HOMES, INC. 15 Central Boulevard Camp Hill, Pennsylvania 17011 and STEVEN PROUGH individually and d/b/a PROUGH ELECTRIC RR2Box99 Mount Union, Pennsylvania 17066 Defendants IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 05-3703 JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the attached Complaint with respect to the above-captioned matter. COZEN O'CONNOR BY: io??_ Ad" SEAN P. O'DONNELL, ESQUIRE DATED: AUGUST 23, 2005 'c' r r - Cry - ,y 6 COZEN O'CONNOR BY: SEAN P. O'DONNELL Atty. Regis. 476533 1900 Market Street The Atrium - Third Floor Philadelphia, PA 19103 (215) 665-2733 Attorneys for Plaintiff TIMOTHY AND LESLIE THUMMA and UNITRIN AUTO & HOME INSURANCE COMPANY a/s/o Timothy and Leslie Thumma Plaintiffs V. HAUBERT HOMES, INC. STEVEN PROUGH individually and d/b/a PROUGH ELECTRIC Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 05-3703 PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT HAUBERT HOMES. INC. 32. Denied. Plaintiffs deny that the fire at the Thummas' home arose from actions or events unrelated to the home construction by defendant Haubert Homes, Inc. and demand strict proof thereof at trial. 33. Denied. Plaintiffs deny that the fire was caused by plaintiffs' contributory negligence and demand strict proof thereof at trial. 34. Denied. Plaintiffs deny that the fire was caused by plaintiffs' comparative negligence and demand strict proof thereof at trial. 35. Denied. Plaintiffs deny that the fire arose from actions of parties not named to this litigation and demand strict proof thereof at trial. 36. Denied. Plaintiffs deny that their claims of joint and several liability are subject to the legal standards set forth in the Fair Share Act. Moreover, this statement is a conclusion of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 37. This statement constitutes a conclusion of law to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent a response is required, plaintiffs submit that defendants are obligated to prove this assertion at trial. WHEREFORE, Plaintiffs, Timothy and Leslie Thumma and Unitrin Auto & Home Insurance, a/s/o Timothy and Leslie Thumma respectively request that defendant's New Matter be dismissed and that judgment be entered in their favor and against defendant Haubert Homes, Inc. COZEN O'CONNOR BY:_ SEAN P. O'DONNELL, ESQUIRE 1900 Market Street Philadelphia, PA 19103 (215) 665-2089 ATTORNEYS FOR PLAINTIFFS DATED: September 8, 2005 CERTIFICATE OF SERVICE I hereby certify that on the 8th day of September, 2005, I served a true and correct copy of Plaintiffs' Answer to New Matter of Defendant Haubert Homes, Inc. by First Class United States Mail, postage prepaid, to the following: Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Donald R. Dorer, Esquire Jacobs & Associates 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Steven Prough d/b/a Prough Electric RR #2, Box 99 Mt. Union, PA 17066 ?Gy SEAN P. O'DONNELL 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Steven Prough, Individually and d/b/a Prough Electric. Defendant, Steven Prough, Individually and d/b/a Prough Electric reserves the right to otherwise plead in this matter. Date: September 16, 2005 ed, JA O S DonAld R. Dorer, Esquire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric Identification No. 39126 .TES 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Steven Prough, Individually and d/b/a Prough Electric herein, and that he caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Sean P. O'Donnell, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Attorney for Plaintiffs Thomas E. Brenner, Esquire Goldberg, Katzman, P.C. P.O. Box 1268 171 Homes, Inc. Date: September 16, 2005 R. Dorer, Esquire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric 4 ?Vl. r= +? -o cy"r?3 c11 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03703 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THUMMA TIMOTHY ET AL VS HAUBERT HOMES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PROUGH STEVEN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of HUNTINGDON County, Pennsylvania, to serve the within COMPLAINT Sc NOTICE On August 25th , 2005 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Postage .37 .00 25.37 08/25/2005 COZEN & OCONNOR So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this (- day of 4yA6-r- A.D. 1Prot ota SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03703 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TIMOTHY ET AL VS HAUBERT HOMES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PROUGH STEVEN D/B/A PROUGH ELECTRIC but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of HUNTINGDON serve the within COMPLAINT & NOTICE County, Pennsylvania, to On August 25th , 2005 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/25/2005 COZEN & OCONNOR So answers: R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this day of ?y 1JQX A.D. Pro of ry In The Court of Common Pleas'of Cumberland County, Pennsylvania Timothy Thumma, et. al. vs. Haubert Homes, Inc., et. al. Serve: Steven Prough No. 2005-3701 Civil Now, 8/2/05 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntington County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of 20 20, at o'clock M. served the COSTS SERVICE MILEAGE AFFIDAVIT County, PA In The Court of Common Pleas'of Cumberland County, Pennsylvania Timothy Thumma, et. al. VS. Haubert Homes, Inc., et. al. Serve: Steven Prough, d/b/a Prough Electric NO 2005-3703 Civil Now, 9/2/05 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntington County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to _ a and made known to So answers, Sheriff of Sworn and subscribed before me this day of 20. copy of the original COSTS SERVICE MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the the contents thereof. County, PA SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Timothy Thumma et al No. 3703 Vs. Steven Prough individually and D/B/A Prough Electric Term:2005 Now, this 22nd day of August , 2005 , I am unable to locate the within named defendant, Steven Prough individually and D/B/A Prough Electric , within my bailiwick, return this Notice and Complaint "NOT FOUND." Reason unable to serve: Unable to locate defendant at address Piven. Sworn and subscribed to , before me this-)3)# day of u 4L?A Al t- 20 J,?- NW. So Answers, Gc? William G. Walters, Sheriff Sergeant Jeffrey E. Leonard Chief Deputy/Deputy Costs: Notarial 3eal Tammy S. Coons, Notary Public Huntingdon Boro, Huntingdon County My Commission Expires Oct. 21, 2006 Rec. & Doc. $9.00 Return Not Found --UF6 Mileage/Postage $10.30 Surcharge --- Affidavit $5.00 Miscellaneous --- Total Costs $34.30 Paid SHERIFF'S RETURN - REGULAR CASE NO: 2005-03703 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THUMMA TIMOTHY ET AL VS HAUBERT HOMES INC ET GERLAD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HAUBERT HOMES INC the DEFENDANT , at 1457:00 HOURS, on the 3rd day of August , 2005 at 15 CENTRAL BOULEVARD CAMP HILL, PA 17011 by handing to DON HAUBERT SR, PRESIDENT, 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 10.40 .00 Surcharge 10.00 .00 38.40 Sworn and Subscribed to before me this IG day of A.D. ro tar I So Answers: R. Thomas Kline 08/25/2005 COZEN & OCONNOR By Deputy Sher SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03703 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THUMMA TIMOTHY ET AL VS HAUBERT HOMES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PROUGH STEVEN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of HUNTINGDON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 13th , 2005 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 / .00 IL .00 37.00 09/13/2005 COZEN OCONNOR So omas K11ne ff of Cumberland County Sworn and subscribed to before me this day of ? 0 .D. Prot nota J?k SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03703 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THUMMA TIMOTHY ET AL VS HAUBERT HOMES INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PROUGH STEVEN D/B/A PROUGH but was unable to locate Him deputized the sheriff of HUNTINGDON serve the within COMPLAINT & NOTICE ELECTRI in his bailiwick. He therefore County, Pennsylvania, to On September 13th , 2005 , this office was in receipt of the attached return from HUNTINGDON Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 09/13/2005 COZEN OCONNOR So ma Kline i iff of Cumberland County Sworn and subscribed to before me this In day of 1 -0 07,U?S A.D. /17 P , ono ary In The Court of Common Pleas of Cumberland County, Pennsylvania Timothy & Leslie Thumma et al VS. Haubert Homes Inc et al SERVE: Steven Prough No 05-3703 civil Now August 30, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntingdon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of 20 copy of the original COSTS SERVICE _ MILEAGE AFFIDAVIT 20 , at o'clock M. served the the contents thereof. County, PA $ In The Court of Common Pleas of Cumberland County, Pennsylvania Timothy & Leslie Thumma et al vs. Haubert Homes Inc et al SERVE: Steven Prough d/b/a Prough Electric No. 05-3703 civil Now, August 30, 2005 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Huntingdon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this _ day of 20 20_, at o'clock M. served the COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S OFFICE HUNTINGDON COUNTY, PENNSYLVANIA 241 Mifflin Street Huntingdon, PA 16652 Telephone: 814-643-0880 William G. Walters, Sheriff Timothy Thumma et at No. 3703 Vs. Stephen Prough individually and d/b/a Prough Electric Term:2005 Now, the 8th day of September 2005 at 1546 A.M./P.M. I served the within Notice and Complaint upon Stephen Prough individually and d/b/a Prough Electric at Rr 2 Box 99, Mount Union, PA 17066 by handing to Susan Prough, wife of Stephen Prough one true and correct copy/copies of the within Notice and Complaint and made known to Stephen the contents thereof. Sworn and subscribed to before me this(A\,&,_ day o 29 A. . So Answers, William G. Walters eriff De u hristo er K. Sldpper lVez Chief Deputy/Deputy Not Pu b Costs: ._ Rec. & Doc. risl Seal S. Coons, Notary Public Service Porn, Huntingdon County :sion Expires Oct. 2l, 2006 Mileage/Postage tsylvaniaASSOOiation of Notaries Surcharge Affidavit Miscellaneous Total Costs $9.00 ?6 $10.30 $5.00 $39.30 Paid 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT, STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, TO CROSSCLAIM PURSUANT TO PA. R.C.P. 2252(d) OF DEFENDANT, HAUBERT HOMES, INC. 38. Paragraphs 1 through 37 are incorporated herein by reference, and made a part hereof as if set forth in full. 39.40. Paragraphs 39 and 40 set forth conclusions of law to which no response is required. Should any of the allegations contained therein be deemed factual in nature, said allegations are denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant, Steven Prough, Individually and d/b/a Prough Electric, respectfully requests your Honorable Court to dismiss Crossclaim Pursuant to Pa. R.C.P. 2252(d) of Defendant, Haubert Homes, Inc., with prejudice. Respectfully submitted, & ASSOCIATES Date: November 7, 2005 DWald R. Dbrer, Es4dire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric Identification No. 39126 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric, in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4q04,relating to,,#nswo4 falsification to authorities. Date: November 7. 2005 175( ald R. Dorer, E quir Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric Court LD.39216 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough,Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Steven Prough, Individually and d/b/a Prough Electric herein, and that he caused a true and correct copy of the attached Answer of Defendant Steven Prough Individually and d/b/a Proueh Electric to Crossclaim Pursuant to Pa R C.P. 2252(d) of Defendant Haubert Homes Inc to be served by regular first class mail upon: Sean P. O'Donnell, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Attorney for Plaintiffs Thomas E. Brenner, Esquire Goldberg, Katzman, P.C. P.O. Box 1268 HaAj4hurg, PA 17108- Homes, Inc. Date: November 7, 2005 Donald R. 1'>6rer, Esquire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric ?? }?J _ l., 1. G 1 _C7 r (I'I T ? ?4: iC i -!) ' W ._... -j .? ?< µ 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND CROSSCLAIM PURSUANT TO PA. R.C.P. 2252(d) OF DEFENDANT, STEVEN PROUGH, INDIVIDUALLY AND D/BMA PROUGH ELECTRIC, TO PLAINTIFFS' COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. By way of further statement, upon information and belief, the Plaintiffs purchased the home from Homestead Group, Inc. 9. Admitted. 10. Denied. This paragraph is denied pursuant to Pa. R.C.P. §1029(e). 11. Denied. This paragraph is denied pursuant to Pa. R.C.P. § 1029(e). 12. Denied. This paragraph is denied pursuant to Pa. R.C.P. §1029(e). 13. Denied. This paragraph is denied pursuant to Pa. R.C.P. § I029(e). 14.-24. Paragraphs 14 through 24 pertain to Defendant, Haubert Homes, Inc., as to which no response is required from answering Defendant, Steven Prough, Individually and d/b/a Prough Electric. 25. Paragraphs 1 through 24 are incorporated herein by reference, and made a part hereof as if set forth in full. 26. Denied. This paragraph states a legal conclusion as to which no response is required. Should any allegations therein be deemed factual in nature, such allegations are denied pursuant to Pa. R.C.P. § I029(e). 27. Denied. It is specifically denied that Defendant, Steven Prough, d/b/a Prough Electric, was negligent or careless as set forth in this paragraph 27 of Plaintiffs' Complaint. To the extent that any allegations are deemed factual in nature. By way of further statement, this paragraph sets forth a series of legal conclusions as to which no response is required. By way of further statement, this paragraph is denied pursuant to Pa. R.C.P. §1029(e). 2 WHEREFORE, Defendant, Steven Prough, Individually and d/b/a Prough Electric, respectfully requests your Honorable Court to dismiss Count IV of Plaintiffs' Complaint, with prejudice. 28. Paragraphs 1 through 27 are incorporated herein by reference, and made a part hereof as if set forth in full. 29. Denied. Paragraph 29 states a legal conclusion as to which no response is required. By way of further statement, any allegations deemed factual in nature are denied pursuant to Pa. R.C.P. §1029(e). 30. Denied. Paragraph 30 states a legal conclusion as to which no response is required. By way of further statement, any allegations deemed factual in nature are denied pursuant to Pa. R.C.P. §1029(e). 31. Denied. Paragraph 31 states a legal conclusion as to which no response is required. By way of further statement, any allegations deemed factual in nature are denied pursuant to Pa. R.C.P. §1029(e). WHEREFORE, Defendant, Steven Prough, Individually and d/b/a Prough Electric, respectfully requests your Honorable Court to dismiss Count V of Plaintiffs' Complaint, with prejudice. CROSSCLAIM PURSUANT TO PA. R.C.P. 2252(d) Steven Prough, Individually and d/b/a Prough Electric v. Haubert Homes Inc. 32. Paragraphs I through 31 are incorporated herein by reference, and made a part hereof as if set forth in full. 33. If Plaintiffs did sustain the damages as alleged, which allegations are specifically denied, then said damages were caused, not as a result of any negligence, carelessness or recklessness of Defendant, Steven Prough, Individually and d/b/a Prough Electric, but rather solely and exclusively as a result of the negligence, carelessness and recklessness of Defendant, Haubert Homes, Inc. 34. Defendant, Haubert Homes, Inc., should therefore be held solely liable to the Plaintiffs, and/or jointly and severally liable to the Plaintiffs, and/or liable over to Defendant, Steven Prough, Individually and d/b/a Prough Electric, on any judgment that may be entered in favor of Plaintiffs and against Defendant, Steven Prough, Individually and d/b/a Prough Electric. WHEREFORE, Defendant, Steven Prough, Individually and d/b/a Prough Electric, demands judgment against Defendant, Haubert Homes, Inc., finding them solely liable on the Plaintiffs' claim or, in the alternative, liable over to Defendant, Steven Prough, Individually and d/b/a Prough Electric for indemnity and/or contribution. Respectfully submitted, LAW OFFICES OF JAC' OB & ASSOCIATES Date: November 7, 2005 By: -v r5oMaid, R. D'orer, Essydire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric Identification No. 39126 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is the attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric, in this action, and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn fal fcat1jon to authorities. / Date: November 7. 2005 1 k Dotial R. Dorer, Esquire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric Court I.D. 39216 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/s/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Steven Prough, Individually and d/b/a Prough Electric herein, and that he caused a true and correct copy of the attached Answer and Crossclaim Pursuant to Pa. R.C.P. 2252(d) of Defendant Steven Prough, Individually and d/b/a Prough Electric, to Plaintiffs' Complaint to be served by regular first class mail upon: Sean P. O'Donnell, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Attorney for Plaintiffs Thomas E. Brenner, Esquire Goldberg, Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant, Haubert Homes, Inc. Date: November 7, 2005 Donald R. Dorer, Esquire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric C i c ? <1 .J _ CJ _ ILI C) `, i ca Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Defendant Haubert Homes TIMOTHYand LESLIE THUMMA, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA and UNITRIN AUTO & HOME INSURANCE a/s/o Timothy and Leslie Thumma, Plaintiffs V. NO. 05-3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED F AUBERT HOMES, INC. and STEVEN PROUGH, Individuall and d/b/a PROUGH ELECTRIC, Defendants REPLY OF DEFENDANT 14AUBERT HOMES, INC. TO THE CROSS-CLAIM OF DEFENDANT STEVEN PROUGH AND NOW, comes Defendant Haubert Homes, Inc., by its attorneys, Goldberg Katzman, P.C., who state: 32. The answers to paragraphs 1 through 31 of the Complaint are incorporated herein by reference. 33. Denied. The paragraph states a series of legal conclusions to which no response is necessary. 34. Denied. The paragraph states a series of legal conclusions to which no response is necessary. WHEREFORE, Defendant Haubert Homes, Inc. requests that the cross-claim of Defendant Steven Prough be dismissed, with prejudice. GOLDBERG KATZMAN, P.C. By: ?? ?..??'" Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Defendant Haubert Homes, Inc. Date: November 9, 2005 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for Haubert Homes, Inc.; 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: November 9, 2005 103407.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that this date I served a true and correct copy of the foregoing document upon all parties or counsel of record by electronic filing or first class mail as follows: Sean O'Donnell, Esquire Cozen O'Connor 1900 Market Street, Third Floor Philadelphia, PA 19103 Donald R. Doter, Esquire Jacobs & Associates 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire Date: November 9, 2005 -n 77 r'l ? 71i? ??1 G r :1 c:l 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to Answer and Crossclaim Pursuant to Pa. R.C.P. 2252(d) of Defendant, Steven Prough, Individually and d/b/a Prough Electric to Plaintiffs' Comulaint, for the attorney's Verification that had been filed with the Court on or about November 8, 2005. Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIATES l Date:_ November 18, 2005 By: Donald`R. Dorer, Esquire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric Identification No. 39126 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 3703 HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION I, Steven Prough, verify that the statements made in the foregoing Answer and Crossclaim Pursuant to Pa. R.C.P. 2252(d) of Defendant, Steven ProuQh, Individually and d/b/a Prough Electric, to Plaintiffs' Complaint which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the information of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification. Js signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. / ?r1 Dated: to en Pr gh, Individually alld d/b/a Prough Electric 05HB-00120 LAW OFFICES OF JACOBS & ASSOCIATES 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AND KEMPER AUTO & HOME INSURANCE COMPANY A/S/O TIMOTHY AND LESLIE THUMMA, PLAINTIFFS VS. HALBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS No. 2005 - 3703 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Steven Prough, Individually and d/b/a Prough Electric herein, and that he caused a true and correct copy of the attached Praecipe to Substitute Verification to be served by regular first class mail upon: Sean P. O'Donnell, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Attorney for Plaintiffs Date: November 18, 2005 Thomas E. Brenner, Esquire Goldberg, Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant, Haubert Homes, Inc. Donald R. Dorer, Esquire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric i ? •: .1 1 ? ?t . ? - ?. ?? l _? ? t= ;? ` C" .. -a TIMOTHY AND LESLIE THUMMA; UNITRIN AUTO & HOME INSURANCE COMPANY a/s/o Timothy and Leslie Thumma Plaintiffs V. HAUBERT HOMES, INC.; STEVEN PROUGH individually and d/b/a PROUGH ELECTRIC Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION NO. 05-3703 STIPULATION TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: It is hereby stipulated, by and between the parties that the above captioned matter be marked "Settled, Discontinued and Ended" and dismissed with prejudice to the rights of any party to bring any claim against the other, each party to bear its own costs. COZEN O'CONNOR 1 EAN P. O'DONNELL, ESQ. 1900 Market Street GO RG KATZMAN, P.C THOMAS E. BRENNER, ESQ. Philadelphia, PA 19103 Attorneys for Plaintiffs SIN D ,&e )O.RRER , DONALD R. DORER, ESQ. 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Attorneys for Defendant Steven Prough P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Defendant Haubert Homes 05HB-00120 LAW OFFICE OF SNYDER & DORER 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Steven Prough, Individually and d/b/a Prough Electric TIMOTHY AND LESLIE THUMMA AND UNITRIN AUTO & HOME INSURNACE COMPANY A/S/Q TIMOTHY AND LESLIE THUMMA, PLAINTIFFS VS. HAUBERT HOMES, INC. AND STEVEN PROUGH, INDIVIDUALLY AND D/B/A PROUGH ELECTRIC, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 3703, CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant, Steven Prough, Individually and d/b/a Prough Electric herein, and that he caused a true and correct copy of the attached Stipulation to Settle, Discontinue and End to be served by regular first class mail upon: Sean P. O'Donnell, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Attorney for Plaintiffs Date: November 21, 2007 Thomas E. Brenner, Esquire Goldberg, Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-148 Homes, Inc. - Donald R. Dorer, Esquire Attorney for Defendant, Steven Prough, Individually and d/b/a Prough Electric 0 _.? _' T-5 77_,_