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Home My WebLink About06-1405MAR-13-2026 11:29 P. 02104 SANDLER & MARCHESINI, P.C. BY! P-?UL 1- SANDLER, ESQUIRE ll'1TORN.I.Y I.D. NO, 15711 129 % olnut Street, Kith Floor Philadelphia, PA 19102 (215) X68-9300 Allen Snyder 1201 Mallard Road Camp Hill, Pa. 17011 V. Steve Seibert ind and t/a Seibert HVAC Services 156 Pleasant Grove Road Mechanicsburg. Pa. 17050 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO;C4,-/4105 l.. f L? t l? ` ??'1, CIVIL ACTION NOTICE You have been sued in coup. If you wish m defend against the claims net forth in the following pages, you must take acduu lmhin ["only M) days after the complaint and notice are served, by entering a written appearance personally or by anomey pact ti ling Ia wi ring with the court your defenses or objections to the i lalms set forth 0}ain.a you. You are warned that if YOU fail IC do So the. case may proceed without you and a judgment may be entered ag.dnst you by the court wilheat further notice for any numcy d,arU:d in the cuairlamr or for ony other claim or relief ree)aesmd by the plaintiff. You may lose money or property or other rights important to you. YOLI SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. FF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH EEI-OW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court of Common Pleas Cumberland County I Court House Square Carlisle, Pennsylvania 17013 717-240.6200 A VISO Le tan demand;ufo a ustcd an la carte. Si usted quierc defcnderse do estas demandas expuescts cn Lis pagivas slguienres, usted ticne veinic (20) digs de plaeo al parr do la fecba de is demanda y Is notification, Hattie falta asentar Una comparcncta escritn o an pcr5oba o con un abogado y ctlVcg"•'•r a la Corte cn forma escrita sus defeasas v $u5 objcciones a las dcmandas an Contra do Sn persona. Sca avisado clue si listed no se defiande, la curie lomai medidas y puede continuer to dcmanda en contra suya sin prcvio avian o notification. Ademas, la curie puede dectdir a favor del demandante y reyuicrc one nstcd Campla cud today lay provisioner de esla demanda, 0sted puede perder dinero o iuS prnpiedadca n o(ro5 del'ccttus imppituntes pars listed. LUEVE L'STA DEMANDA A UN A30GAD0 IMMEDIATAMENTE, Si NO TiENE A130GADO 0 SI NO TIFNE EL DINERO SUFICIENTIp DE pAGAR TAL SERVICO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGL'IR ASISTENCIA LEGAL. Court of Common Pleas Cumberland County I Court House Square Carlisle, Pennsylvania 17013 717-240-6200 SANDLER & MARCHESINI, P.C. By: Paul N. Sandler, Esquire Attorney 1. D. #15711 1429 Walnut Street, 16th Floor Philadelphia, PA 19102 (215) 568-9300 Allen Snyder 1201 Mallard Road Camp Hill, Pa. 17011 COURT OF COMMON PLEAS CUMBERLAND COUNTY v. (-_ Steve Seibert ind and t/a NO: DL -NnS Seibert HVAC Services / 156 Pleasant Grove Road Mechanicsburg, Pa. 17050 COMPLAINT 1. Plaintiff is and individual residing at the above stated address 2. Defendant is an individual engaged in the business of heating and air conditioning installation and service with an office at the above-stated address. 3. During or about December 2004 the defendant installed an air conditioning unit in plaintiff's attic. 4. On or about June 11, 2005, when the plaintiff used the unit for the first time, water leaked from the air conditioning system into plaintiff's property causing the damage set forth more fully hereinafter. 5. The negligence and carelessness of defendant consist of the following: a. Failing to use due care in installing an air conditioning unit; b. Failing to use due care in improperly hooking up a drain line; C. Failing to use due care in inspecting the drain line; d. Failing to use due care in hiring, training and supervising its employees; e. Failing to use due care in warning the Plaintiff of a dangerous condition which the defendant knew or should have known existed with the air conditioning unit. f. Failing to use due care in installing hose clamps. 13. As a result of the aforesaid negligence and carelessness, Plaintiff's property sustained damages as evidenced by a true and correct copy of estimates attached hereto, made part of, referred to as Exhibit "A." WHEREFORE, plaintiff, Allen Snyder, demands judgment against the defendant, Steven Seibert individually and t/a Seibert HVAC Services, in the sum of $8,522.31 together with interest from June 11, 2005 and cost of suit. SANDLER & MARCHESINI, P.C. BY: PAU N. SANDLER, ESQUIRE Attorney for Plaintiff G:\I\INS\Allstate\snyder\pd compmpd zoo'a 7vloi FEH-17-2006 10:29 VERIFICATION P. 02i02 I, Allen Snyder, hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. x Gc.cz,-_ Or /Z-- 71 00'd ezEtlL961L ?JBH-dV-V[03W123d 6'b £L 900z-L r 7 C ? ;? ? ??1 Snyder, Allen - Contractor w/o Ce7ents Insurer Information Allstate Allstate - Valley Forge MCO Phone: (610) 251-3000 E-Mail: cditc@allstate.com Insured Information Insured Snyder, Allen 1201 Mallard Rd Camp Hill, PA 17011 Home Phone: Business Phone: Loss Information RestoreCore 2322 N 7th St. Harrisburg. PA 17110 Phone: (800) 2314281 Fax: (717) 232-9936 Claim Number: 5133062645 Adjuster: Lesher, Wayne Fax: (610) 251-3740 Contact Snyder, Allen 1201 Mallard Rd Camp Hilt, PA 17011 Home Phone:(727) 541-5886 Business Phone: (724) 263-4759 Quantity Unit Cost 44.50 SF $0.3100 2.75 LF 0.1200 44.50 EA 1.0000 3.00 DAY 126.2500 6.00 DAY 27.7800 Basement family room Total: Address Date of Loss: 611112005 1201 Mallard Rd Kind of Loss: 25 - Water (includes ACC Leakage etc.) Camp Hill, PA 17011 Potential Loss Amount: $0 Loss Description: a/c unit leaked water from attic into the bathroom, down through the basement walls, panelling and onto the basement floor 1/2 carpet, 1/2 tile. carpet is wet. please call land within the hour at 717-541-5886. dad taken off structual est/ f/a ire sharp Estimate Activity Status Status Date Estimate Reviewer Claim Closed 7161200512:55:10 PM $1,235.35 $0.00 Basement family room Tasks Description Carpet - Water Extraction (1" depth or less) Demolish Bass - Pine, 9118x2-114+ Carpet - Remove Glued Down Carpet (Includes costs associated moving damp carpet from the residence and preparing the floor surface for new glue down application.) Dehumidifier, Low Grain Refrigeration, 200 pint rating High Capacity Air Movers (500 cfln) Tasks Description High Capacity Air Movers (500 chn) 1st floor bath Tasks Description Basement laundry room Page I of 2 Total $13.80 0.33 44.50 378.75 166.68 $604.06 Quantity Unit Cost Total 3.00 DAY $27.7800 $83.34 Basement laundry room Total: $8334 Quantity Unit Cost Total httDs://www.r)tct)rod. cornIService/ShowClaimsIRei)ortEstimate.asn?ClaimID=378490&Contractor... 7/22/2005 Snyder, Allen - Contractor w/o C=-rents High Capacity Air Movers (500 cfm) Dehumidifier, Refrigerant, 150 pint rating Attic Tasks Description Demolish Fiberglass Batt Insulation - Kraft Faced, R30, 9'+ General Tasks Description Haul to Disposal Site & Empty 112 to 3/4 Ton Pickup Load of Debris, Includes Dump Fees+ Pa Sales Tax on Cleaning and Water Damage 3.00 DAY $27.7600 3.00 DAY 84.3400 1st floor bath Total: Quantity 35.67 SF Quantity 1.00 EA 1,165.48 EA Unit Cost $0.2043 Attie Total: Unit Cost $110.7100 0.0600 General Total: Claim Cost: Claim Subtotal: Additional Costs: Overhead and Profit: Permitting Cost: Escalation Cost: Catastrophe Cost: Cross Receipts Tax (0.03%): Total Add'I Costs: Total Claim Cost Payable Information: $1211.68 Total Claim: $1,235.72 Less Deductible: $500.00 $23.67 Less Non-Covered Work: $0.00 $0.00 Less Depreciation: $0.00 $0.00 Net Payable: $735.72 $0.00 $0.37 $24.04 $1,235.72 Note - Estimate includes applicable sales tax except where prohibited by state law. + Denotes standard overhead-and-profit factor. ++ Denotes overtime overhead-and-profit factor. Page 2 of 2 $83.34 253.02 $336.36 Total $7.29 $7.29 Total $110.71 69.93 $180.64 Pennsylvania Title 18, §4117(kxt) Any person who knowingly and with Intent to defraud any Insurance company or other person files an application for insurance or statement of claim containing any materially false Information or conceals for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which Is a crime and subjects such person to criminal and civil penalties. httDs://www.Dtcl)rod.comlServicelShowClaimsIRevortEstimate.asi)?ClaimlD=378490&Contractor... 7/22/2005 Adjuster Summary Claim # 5133062645 Adjuster VALLEY FORGE PROPERTY IRA SHARP 1200 ATWATER DRIVE, SUITE-110 June 29, 2005 Phone (610) 766-2725 MALVERN, PA 19355 Fax (717) 697-0355 Phone (800) 280-0714 Fax (610) 251-3740 Insured Name SNYDER, ALLEN Loss Address 1201 MALLARD RD, CAMP HILL, PA 17011 Phone Number Policy# Other Phone Ins Claim # 5133062645 Date of Loss 6/11/2005 Ins Company Allstate Insurance Company If you have any questions or concerns regarding this estimate, please feel free to contact me at the number (s) listed below: IRA SHARP Properly Claim Rep. P.O.B. 504 Mechanicsburg, PA 17055 Phone: (610) 766-2725 Fax: (717) 697-0355 AA - Dwelling Laundry (16' 9" x 7' 6" x 6' 701) 126 sf Floor 259 sf Wall x Rem/Reset Door Opening, Casing, Average Grade Remove Paneling, Finished, Very Good Replace Paneling, Finished, Very Good Remove Suspended Grid System, 2x4 Replace Suspended Grid System, 2x4 Remove Suspended Ceiling Tile, 2'x4', Very Good Replace Suspended Ceiling Tile, 2'x4', Very Good 126 sf Ceiling 40 if Floor 481f Ceiling 827 cf Volume U X 0' 2S" Repl. Cost Depr. ACV OP RD 1 EA @ $19.59 a $19.59 $0.00 $19.59 259 SF@$0.168 271.95 SF @ $3.73 a 259 SF @ $0.97 126 SF@$0.158 132.3 SF @ $0.48 a 126 SF @ $0.27 126 SF @ $0.08 a 132.3 SF @ $0.93 8 126 SF @ $0.36 Remove Vinyl Tile, Homogns/Resil, 1/8" Replace Vinyl Tile, Homogns/Resil, 1/8" 126 SF @ $0.27 a 1323 SF @ $2.06 a 126 SF @ $0.98 $41.44 $0.00 $1,014.37 Material 251.23 Labor $1,265.60 $265.78 $18.90 $0.00 $63.50 Material $34.02 Labor $97.52 $20.48 $10.08 $0.00 $41.44 $999.82 $18.90 $77.04 $10.08 $123.04 Material $45.36 $168.40 $34.02 $272.54 $123.48 $396.02 Labor $35.36 $0.00 Material Labor $8:3.16 $133.04 $34.02 $312.86 Adjuster Summary (MS/13 0120) 1 - Jun 29, 2005 Claim # 5133062645 l Repl. Cost Depr. ACV OP RD Special Remove & Reset Fumiture/Contents 2 FIR @ $20,55 a $41.10 $0.00 $41.10 Depreciation is based on age, use and condition. Laundry Total $2,092.67 $40438 $1,687.89 Bathroom (7'4" x 8' 11" x 71) 65 sf Floor 210 sf Wall 65 sf Ceiling 30 If Floor 32 If Ceiling 458 cf Volume Door(s) 2'8" x 618" Repl. Cost Depr. ACV OP RD Rem/Reset Ceiling Fixture, Very Good 1 EA @ $14.62 a $14.62 $0.00 $14.62 Special Minimum Charge, Drywall 2 Trips I LS @ $228.72 a $228.72 $0.00 $228.72 This is to repair the ceiling and walls. Paint Ceilings, 2 Coats, Roller 65 SF @ $0.42 b $27.30 $5.73 $21.57 Paint Walls, 2 Coats, Roller 210 SF @ $0.30 b $63.00 $13.23 $49.77 Special Floor, Cover & Protect 65 SF @ $0.12 a $7.80 $0.00 $7.80 Depreciation is based on age, use and condition. Bathroom Total $341.44 $18.96 $322.48 Family Room (24' 6" x 15' x 6' 7") 702 sf Floor 883 sf Wall 702 sf Ceiling 134 if Floor 1451f Ceiling 4,618 cf Volume Door(s) 2'9" x 6' 8" (4) Missing Wall(s) 6' x 6'7" Offset(s) 16'8" x 6' Rem/Reset Door Opening, Casing, Average Grade Remove Paneling, Finished, Very Good Replace Paneling, Finished, Very Good Tear Out Carpet, Glued Down Average Grade Replace Carpet, Glued Down Average Grade 15' x 12' 3' x 18' Repl. Cost Depr. ACV OP RD 4 EA @ $19.59 a $78.36 $0.00 $78.36 883 SF @ $0.16 a $141.28 $0.00 $141.28 927.15 SF @ $3.73 a $3,458.27 Material 883 SF @ $0.97 $856.51 Labor $4,314.78 $906.10 $3,408.68 702 SF @ $0.16 a $112.32 $0.00 $112.32 744.12 SF @ $0.71 b $528.33 702 SF @ $0.36 $252.72 $781.05 Material Labor $164.02 $617.03 $0.00 $575.64 $0.00 $82.20 Special Scrape and Remove Glue from Floor 702 SF @ $0.82 a $575.64 Special Remove & Reset Furniture/Contents 4 HR @ $20.55 a $82.20 Depreciation is based on age, use and condition. Family Room Total $6,085.63 $1,070.12 $5,015.51 $8,519.74 $1,493.86 $7,025.88 AA - Dwelling Totals Adjuster Summary (MS/B 0120) -2- Jun 29, 2005 Claim # 5 1 3 3 062645 Summary -?? Repl. Cost Depr. ACV Estimate Totals Sales Tax 6.00% Total With Tax Less Deductible Applied ($500.00 Maximum) Net Claim $8,519.74 $1,493.86 $7,025.88 $329.79 $69.08 $260.71 $8,849.53 $1,562.94 $7,286,59 ($500.00) ($500.00) $8,349.53 $1,562.94 $6,786.59 Items noted as such by the Price Database Legend at the bottom of this estimate were based on material pricing provided by and available at large building material suppliers in your local market. It should be noted that prices can change without notice. Allstate will honor this estimate and work with you to resolve your claim regardless of where you Purchase chase your materials and services, if you find the cost of repairs or replacement is more than reflected in this estimate, ase contact your claim adjuster at the number listed above. >tts y Person who knowingly and with intent to defraud any insurance company or other person files an application for Vance or statement of claim containing any materially false information or conceals for the purpose of misleading, p °i'nlation concerning any fact material thereto commits a fraudulent insurance act, which is a crime and subjects such you to criminal and civil penalties. a rice Database Legend b 1\4Sk3 Cost Data SS05A0405 MSI3 Cost Data SS05AO405 (Home Improvement Ret Material) 0120) -3- IL ? cri c c ? F. AFILPSVDATAPILEVDonegal3050ACu entA390\prel/yt I Crcemd 9/20/04 006PM Revised. 3/27106 3.01PM 3050 390 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ALLEN SNYDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1405 CIVIL ACTION - LAW STEVE SEIBERT, individually and t/a SEI13ERT HVAC SERVICES, Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of the Defendant in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By ?? ? ax Daniel I . eardorff, Esquire I.D. Number 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: March 27, 2006 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul N. Sandler, Esquire SANDLER & MARCHESINI, P.C. 1429 Walnut Street, 16" Floor Philadelphia, PA 19102 MARTSON DEARDORFF WILLIAMS & OTTO sy )l\,ltiUWi Ami J. Thu a 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 27, 2006 ti n.,+ c:o `, 7 ?? it `T": .T ? ' •^•i -. Ll -i7 .? {;_ i ? _? . ( ? . 1 ? C'. { 1 (?l F\FILES\DA5'AHWDone a13050\Cucrend390\ansl Cfealed. 4/6/06 11-34AM Revised 4/6/06 233PM 3050 390 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ALLEN SNYDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVE SEIBERT, individually and t/a SEIBERT HVAC SERVICES, Defendant NO. 06-1405 CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: ALLEN SNYDER, Plaintiff, and his attorney, PAUL N. SANDLER, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Steve Seibert, individually and t/a Seibert HV AC Services, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiff's Complaint as follows: 1-3. Admitted. 4. Denied as stated. After reasonable investigation, Defendant i s without sufficient knowledge or information to admit or deny said averments. Proof thereof is demanded. It is denied that Defendant was negligent or careless in any manner whatsoever. To the contrary, Defendamproperly installed the air conditioning unit after removing the prior unit. Defendant attached the drain pipe to the existing drain pipe, which was used by the prior unit. 6-13. Denied in accordance with Pa. R.C.P.1029(e). Moreover, the damages alleged are not appropriate in that they are replacement damages and not the market value of the property damaged. WHEREFORE, Defendant demands Judgment in his favor against Plaintiff. NEW MATTER 14. Paragraphs 1 through 13 of this Answer are incorporated herein by reference. 15. Defendant's installation ofthe air conditioning unit was more than six months before any alleged damages were noticed. 16. Defendant's workers went to Plaintiff's property after complaints weremade and sawno damages to the ceiling area over which the unit was installed. 17. When Defendant made the installation ofthe unit, it attachedthe drainpipetothe existing drainpipe that was already present. Defendant believes that other persons may have damaged the drain pipe as it left the area where the unit was installed. 18. Plaintiff, through hisown negligence, mayhave damagedthe drain pipe and caused the alleged damage. WHEREFORE, Defendant demands Judgment in his favor against Plaintiff Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO 'j V, J By Daniel T Deardorff, Esquire I.D. Number 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: ;tInl6(0 VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon Counsel in making this verification. This statement and veri fication are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswor falsification to authorities, which provides that ifI make knowingly false averments, I may be subject to criminal penalties. VJI Steve Seibert, individually and I/a Seibert HVAC Services E:AFILESVDATAFILEVDOne al305DACurten0390AansI CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff W illiams & Otto, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul N. Sandler, Esquire SANDLER & MARCHESINI, P.C. 1429 Walnut Street, 16`" Floor Philadelphia, PA 19102 MARTSON DEARDORFF WILLIAMS & OTTO BY (,ltu '. ll?r( ,.. Ami J. Th ma 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: & ?. ?? C: r- ..? Vii: ..._ V-- i.l C7 SHERIFF'S RETURN - REGULAR CASE NO: 2006-01405 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER ALLEN VS SEIBERT STEVE ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEIBERT S the DEFENDANT , at 1534:00 HOURS, on the 16th day of March 2006 at 156 PLEASANT GROVE ROAD MECHANICSBURG, PA 17050 by handing to STEVE SEIBERT 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 7.92 Postage .39 Surcharge 10.00 .00 36.31 Sworn and Subscribed to before me this 2fAk day of 2(r0 to A.D. rotho y So Answers: R. Thomas Kline 03/17/2006 SANDLER & MARCHES INNI By S ?, /;,w //l CASE NO: 2006-01405 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNYDER ALLEN VS SEIBERT STEVE ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEIBERT STEVE T/A SEIBERT HVAC SERVICES the DEFENDANT , at 1534:00 HOURS, on the 16th day of March , 2006 at 156 PLEASANT GROVE ROAD MECHANICSBURG, PA 17050 by handing to STEVE SEIBERT, OWNER 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 .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A. D. rot ry So Answers: R. Thomas Kline 03/17/2006 SANDLER & MARCHES WI By: / AO Deputy Sheriff SANDLER & MARCHESINI, P.C. By: Paul N. Sandler, Esquire Attorney 1. D. # 1571 1 1429 Walnut Street, 16th Floor Philadelphia, PA 19102 (215) 568-9300 Allen Snyder 1201 Mallard Road Camp Hill, Pennsylvania 17011 Plaintiff, V. Steve Seibert ind and t/a Seibert HVAC Services 156 Pleasant Grove Road Mechanicsburg, PA 17050 Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 06-1405 CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff herein, Allen Snyder, comes forth and files a Reply to New Matter and asserts the following: 14. Plaintiff incorporates the allegations contained in Paragraphs 1-13 hereof. 15. Denied. It is denied Defendants installation of the air condition unit was more than six (6) months before any alleged damages were noticed. 16. Denied. It is denied Defendants workers went to Plaintiff's property after complaints were made and saw no damages to the ceiling area over which the unit was installed. 17. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to where the Defendant attached the drain pipe therefore same is denied and specific proof thereof is demanded at trial. It is specifically • denied that any other persons damaged the drain pipe. 18. Denied. It is denied that Plaintiff through his own negligence, may have damaged the drain pipe and caused the alleged damages. WHEREFORE, Plaintiff demand judgment against Defendant. SANDLER$r?RCHESINI, P.C. BY: PAUI1 N. SANDLER, ESQUIRE Attorney for Plaintiff G:\I\INSAlstate\snyder\Plt's Reply to Defs New Matter.wpd VERIFICATION I, Paul N. Sandler, Esquire, of the law firm of SANDLER & MARCHESINI, P.C., hereby verify that the facts set forth in the foregoing Plaintiffs Reply to Defendants New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SANDLER & MARCHESINI, P.C. BY: DATE: N. Sandler, Esquire GAN NS\Allstate\snyder\Plt's Reply to Defs New Matter.wpd r' Y1 } ra GJ <. C-1 ALIEN SNYDER V. STEVE SEIBERT individually and t/a SEIBERT HVAC SERVICES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1405 CIVIL RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Daniel K. Deardorff, Esquire respectfully represents that: counsel for the /defendant in the above action (or actions), 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ _8,522.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators; MARTSON DEARDORFF WILLIAMS & OTTO and Paul N. Sandler, Esquire, SANDLER & MARCHESINI; P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the cage shall be submitted. Respectfully submitted, ORDER OF COURT Daniel K. Deardorff AND NOW, , 19 , in consideration of the foregoing petition, Esq Esq.. and . Esq., arc appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. ^ t. ,t ? ...,.b ?.., `' ? rr f"..W _?? C ""? /? ? _r y .?i ° ?,_ `?, ? ? ? .?. CJ ?- F r ALLEN SNYDER V. STEVE SEIBERT individually and t/a SEIBERT HVAC SERVICES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1405 CIVIL. RULE 1312-I. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Daniel K. Deardorff, Esquire , counsel for the kkkWdefendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 8,522.00 The counterclaim of the defendant in the action is • The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: MARTSON DEARDORFF WILLIAMS & OTTO and Paul N. Sandler, Esquire, SANDLER & MARCHESINI; P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Q, -, ? L ORDER OF COURT Daniel K. Deardorff AND NOW, ?l-Q o` 1 °ooo(0 118? , in consideration of the foregoing petition, Esq., Esq.. and 1 (5` actions) as prayed for. , Esq., arc appointed arbitrators in the above captioned action (or By ou wo? P3, ..S ?o lzi- F' C{ Cr? C: AF 16; v - - 77 77 ALLEN SNYDER, PLAINTIFF V. STEVE SEIBERT, individually and t/a SEIBERT HVAC SERVICES, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-1405 CIVIL TERM ORDER OF COURT AND NOW, this t* day of October, 2006, the appointment of Robert G. Frey, Esquire, as chairman on the Board of Arbitrators in the above-captioned case, IS VACATED. Diane G. Radcliff, Esquire, is appointed in his place. By th urt, 0v Edgar B. Bayley, J. lane G. Radcliff, Esquire Court Administrator :sal ?- `? `.-- ?? ? ??- ?? ??`? .,,. `? ? ,. ... _, ^:: ?:;_: :mss --- -.: _ ? _ ? ,u? -?--? ? ,Yi ? u.. C? ?? ALLEN SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVE SEIBERT, INDIVIDUALLY AND,: t/d/b/a SEIBERT HVAC SERVICES, DEFENDANTS : 06-1405 CIVIL TERM ORDER OF COURT AND NOW, thislit."'day of November, 2006, the appointment of Thomas 0. Williams, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. Nicole S. Chizmar, Esquire, is appointed in his place. By the Court,- Edgar B. Bayley, J. Diane Radcliff, Esquire Chairman Nicole S. Chizmar, Esquire Court Administrator :sal FL ALLEN SNYDER, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEVE SEIBERT, DEFENDANT 06-1405 CIVIL TERM ORDER OF COURT AND NOW, this Ivik day of April, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Diane G. Radcliff, Esquire, Chairman, shall be paid the sum of $50.00. By the Cow:t Edgar B. B ? Diane G. Radcliff, Esquire Court Administrator :sal ?,0??a CoPq 4, SANDLER & MARCHESINI, P.C. BY: PAUL N. SANDLER, ESQUIRE ATTORNEY I.D. NO. 15711 1429 Walnut Street, 16th Floor Philadelphia, PA 19102 (215) 568-9300 Allen Snyder 1201 Mallard Road Camp Hill, Pennsylvania 17011 Plaintiff, V. Steve Seibert ind and t/a Seibert HVAC Services 156 Pleasant Grove Road Mechanicsburg, PA 17050 Defendant. TO THE PROTHONOTARY: Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO: 06-1405 CIVIL ACTION - LAW ORDER Kindly mark the above captioned action Settled, Discontinued and Ended. LSANDLER & MARCHES I, P r` o'er BY: ,/"?P , / PAUL N. SANDLER, ESQUIRE Attorney for Plaintiff G:\I NSWI(state\snyder\Order.wpd h N v O -n rill- m ' 7l ? { t7 ? M ALLEN SNYDER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. STEVE SEIBERT, DEFENDANT 06-1405 CIVIL TERM ORDER OF COURT AND NOW, this W? day of April, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Diane G. Radcliff, Esquire, Chairman, shall be paid the sum of $50.00. By the Coy. Edgar B. Bayley, ? Diane G. Radcliff, Esquire Court Administrator :sal ? 5119 - : .ice