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Home My WebLink About06-1604 2021544 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 S. 21" Street Philadelphia, PA 19103 (215) 988-9600 Attorney for Plaintiff Erie Insurance Company, Individually and as Subrogee on behalf of Lisa & Jeff Edwards P.O. Box 2013 Mechanicsburg PA 17055 and Lisa & Jeff Edwards COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. OCe. -/~{)'i Ciu~LY ~ Howell Metal Company 574 Depot Road New Market VA 22844 574 Depot Road New Market VA 22844 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL ACTION 1. Lisa & Jeff Edwards (the "Plaintiff"), is an adult individual residing at the address above captioned. 2. Plaintiff, Erie Insurance Company, is a corporation duly authorized to conduct business within the Commonwealth of Pennsylvania, and is subrogated to the rights of the Plaintiff arising out of the within claim. 3. Howell Metal Company, (the "Defendant"), is a corporation conducting business from the above'captioned address. Upon information and belief, Defendant's type K copper pipe was installed in Plaintiff's home and yard. 4. On or about June 26, 2004, the Plaintiff did own and possess a certain residential property, involved in the incident hereinafter referred to. 5. On or about June 26, 2004, the Defendant's pipe split from the inside out and failed. 6. On or about June 26, 2004,the pipe failure caused water to intrude into the Plaintiff's basement and caused water damage to Plaintiff's basement. 7. At the time and place aforesaid, the negligence and carelessness of the Defendant consisted of the following: a. Placing the defective pipe into the stream of commerce. b. Failing to give proper and sufficient warning of the condition of the pipe installed in Plaintiff's home; d. manufacturing, selling and providing pipe which Defendant knew, or should have known, was likely to fail without due regard for the rights, and property of the Plaintiff herein at the point aforesaid; 8. As a result of Defendant's negligent and careless actions, the plaintiff's home sustained damages in the amount of $3,530.88. 9. At all times material hereto the plaintiff was insured by plaintiff, Erie Insurance Company. 10. As a further result of the defendants' negligence, Erie Insurance Company has made compensation for said property loss to the plaintiff. 11. Plaintiff Erie Insurance Company individually and as subrogee on behalf of the plaintiff, Lisa & Jeff Edwards has paid money to the plaintiff for property damage in the amount of $3,530.88 for which plaintiff demands remuneration from the defendant. WHEREFORE, Plaintiff, Erie Insurance Company, claims damages from the Defendant, in the amount of $3,530.88, and/or any other damages this Honorable Court deems just and proper, including attorney's fees and court costs from the Defendant, for arbitration purposes only. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE PAUL M. SCHOFIELD, JR., ESQUIRE Attorney for Plaintiffs P01d 2021544 VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies 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 herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. . un_ Diversified Product Inspections, Inc. Forensic Investigations & Product Failure Analysis INVESTIGATION REPORT Claim No. DPI File No. 010170755515 2004-08-42829 Type of product examined by laboratory investigation: Hard Drawn Copper Pipe Manufacturer, Distributor or Retailer of Product: HOWELL METAL COMPANY ATTN: 574 DEPOT ROAD, P.O. BOX 218 NEW MARKET VA, 22844 800-247,2048 540-740-8425 Phone: Fax: From the Residence of: LISA & JEFFREY EDWARDS 412 WILETTA CT. YORK, PA 17402 Report prepared for: MIKE LEININGER, ERIE ERIE INSURANCE PO BOX 2013 MECHANICSBURG PA 17055 3 Main Slreet 800.865.6220 Oak Ridge, TH37830 665.482,6480 www.dpi.inc_com 865.48280477 Fax Diversified Product Inspections, Inc. HARFl1S8UFIeJ 'SE'P 07.-, Page 1013 . Claim No. 010170755515 DPI File No. 2004-08-42829 mSTORY: The product received as evidence for inspec1ion were three copper pipes. Per 1he informa1ion provided on the claim form, 1hese were parts in the original ins1alla1ion performed by Beaverson Plumbing & Healing 1hree years ago. The home was serviced by city water. Additional information on 1he claim fom stated. "Insured returned from vacation to discover water in basement. Supply line 2' from house leaked & water followed line to basement..." VISUAL EXAMINATION: . The inspection revealed three 3/4" copper pipes that were 7 112", 123/8" and 13" long. . The 123/8" long pipe was marked HOWELL 3/4" TYPE K, which identified the manutac1urer as Howell Metal Company. . The 123/8" and 13" long pipes had been slightly beni. Corrosion and dirt were present on all three pipes. The longest pipe failed due to a spli1 that was located 5 3/4" from one end. The irregular split was oriented perpendicular to 1he pipe's long axis. The split origina1ed from the inner walls. Ou1er wall deterioration was not observed on the pipes. TESTING PROCEDURE & RESULTS: . No 1es1ing was required to iden1ity the failure. ENCLOSURES: Photos 01,09 01: DPI's evidence tag 02: The three pipes in their "as~receivedl' condition 03: Corrosion on shorter pipe 04,05: Pipe markings on 123/8" pipe 06: Dirt on 12 3/8" pipe 07: Corrosion on 13" pipe 08-09: Fracture I Split HARRISBU~ SfP 07,. , 3 MI!IJnSVvliI1 800.865.6220 Oak Rldgll', TN 37fl30 005.482.8480 WWIN.dpl.inc,eQm aa5_41l'.2,e417FIl~ Diversified Product Inspections, Inc, Page 2 013 . CONCLUSION: Based on the examination, the 13" long copper pipe failed due to an irregular split. The pipe's ou1er walls around 1he split were not deteriora1ed. The split would have occurred at an area of1he pipe where the pipe's walls were weakened. This Was a produC1 failure. Please refer 10 the first page of1his report for information concerning the manufacturer. Inspector: Investigator: John Mitchell Marvin Stacy Date: 8/30/2004 Date: 8/30/2004 " '''~ HARRlS6URe ISEP 07.. 3 Marl Slreet Qak R~. TW 31830 www.cIpi-lnc:.com 800.865.6220 e6S.4B2.8480 965.4S2.B417FilX Diversified Product Iuspections, Inc. Page3of3 . . Diversified Product Inspections, Inc. Forensic Invcstiglllions & Product Failure Analysis Pictures of evidence involved in cialm no: 2004'08-42829 JM3inStr"cl 800ees.C/20 OakHidge TNJ78JO 86'>~82,84HO WNw,dpi-incCOOl 8G54fl204/i Fa, Diversified Product (uspeetinns, Inc. Page 1 HARRISBURC! SEP 07 ZfI1J ) 3 Main SIr8et 8008656220 Oak Ridg..., TN 37!130 8G5482.8480 WWW.dpi-lnc.e"rTl . . Diversified Product Inspections, Inc. Forensic Invcstigations & Product Failure Analysis Pictures of evidence involved in claim no: 2004,08,42829 ;: \prod\2004. 08-4 2829-03.jpg i: \proC/\2004-0B-4 78L 9 - 04. lPg 865 4112 8477 I ~~ Diversified Product Inspections, Inc. PClge 2 HARRISBURa SEP 07_ . . Diversified Product Inspections, Inc. FOfl'llS1c Investigations & Product Failure Analysis Pictures of evidence involved in claim no: 2004,08-42829 i:\prod\2004-08-42879-0G,jpg . 3 Main Stree! B0086.~.6220 Oak Ridge, TN 37830 865.48~84flO wwwdpi.incconl 865.48~(l~77r"x Diversified Product Inspections, Tnc. Page :3 HARRISBUR(! SfP 07_ Diversified Product Inspections, Inc. Forensic Investigations & Product railun: Analysis Pictures of evidence Involved In claim no: 2004,08,42829 3 Mai"Slrellt aOO.13f;5.6220 Oak Ridgll, TN 37B30 BG.';"82e400 www.dpi-~Cc(!rn OG5482 8477 Fnx DiHrsificd Product Inspections, 1m'. Page 4 HARRISBURG Sf? 07.. Diversified Product Inspections, Inc. Forensic Investigations & Vroduct FaihlTe Analysis Pictures of evidence involved in claim no: 2004-08-42829 i: \prod\2004-08-42829-09 .jpg 3MalnStrllel BOD.B6S.61<'O Oak RIQg6. TN ~7e;;tr BB54B2,B4BO wwwdpi-inc,com 8654528477 Fax Diversified Product Inspections, Inc. Page 5 HARRISBURa ISiP 07 "I,Q1J4 12/23/2004 14 :59 . Claims Management System Check Print CHECK NO 09745716 CMS NO 1745716 Pay TWO THOUSAND FIVE HUNDRED TWENTY,SEVEN AND 08/100 To The Order of LISA M EDWARDS & JEFFREY L EDWARDS AND EXACT RESTORATIONS 412 WILLETTA COURT YORK PA 17402,8249 For PARTIAL PAYMENT DWELLING COVERAGE BUILDING DAMAGES LESS $500 DEDUCTIBLE Operator 2P5MOORE Claim 010170755515 CSPP032B Page: 1 Req: ROWLES ,C DATE 08/26/2004 $$$$$$2,527.08 Loss Date 06/26/2004 Tax Id No ---------------------------------------------------~--------------------------- -~-------------------------------------------------------"+--------------------- Pay ONE HUNDRED FIFTY,SEVEN AND 50/100 CHECK NO 09745721 CMS NO 1745721 To The Order of For LISA M EDWARDS & JEFFREY L EDWARDS AND BEAVERSONS PLUMBING AND HEATIN 412 WILLETTA COURT YORK PA 17402,8249 PARTIAL PAYMENT DWELLING COVERAGE EXCAVATION OF SUPPLY LINE Operator 2P5MOORE Claim 010170755515 DATE 08/26/2004 $$$$$$$$157.50 Loss Date 06/26/2004 Tax Id No ----------------------------------------------------------.--------------------- C Cashed 09/20/2004 ------------------------------------------------------------------------------- Pay TWO HUNDRED EIGHTY,TWO AND 30/100 CHECK NO 09745723 CMS NO 1745723 To The Order of For LISA M EDWARDS & JEFFREY L EDWARDS 412 WILLETTA COURT YORK PA 17402-8249 FINAL PAYMENT DWELLING COVERAGE HOTEL AND FOOD CHARGES Operator 2P5MOORE Claim 010170755515 ------------------------------------------------------- DATE 08/26/2004 $$$$$$$$282.30 Loss Date 06/26/2004 Tax Id No C Cashed 09/15/2004 12/23/2004 14:59 . Claims Management System Check Print Pay THREE HUNDRED TWO AND 00/100 CHECK NO 09979125 To The Order of For D.P.I. INC. 3 EAST MAIN STREET OAK RIDGE, TN 37830 EXPENSE (MISC) DWELLING COVERAGE INVOICE # 0091183 CMS NO I979125 Operator 2P5SHISTLE Claim 010170755515 CSPP032B Page; 2 Reg: ROWLES ,C DATE 10/26/2004 $$$$$$$$302.00 Loss Date 06/26/2004 Tax Id No 5930871281 C Cashed 11/01/2004 ------------------------------------------------------------------------------- ----------~-------------------------------------------------------------------- CHECK NO 15160532 Pay SIXTY-FOUR AND 00/100 To The Order of LISA M EDWARDS & JEFFREY L EDWARDS 412 WILLETTA COURT YORK PA 17402-8249 For PAYMENT OF PERSONAL PROPERTY COVERAGE WATER DAMAGED PERSONAL PROPERTY CMS NO 0160532 Operator 2P5SHISTLE Claim 010170755515 DATE 12/06/2004 $$$$$$$$$64.00 Loss Date 06/26/2004 Tax Id No ----------------------------------------------------------- -------------------- ;c) 0 ~ 11- ~ 0 --- - 0 C) 1;) ~ '0 :--.) ( ',-::> 0 C:? Vf -<: ,;::.., -n ~ ~ -v ?: -< ~..,., ~ P-=- ?:J P f',l -,..,m ~ -- a ;,~y "U :;~ ..>:'{ :j:: ,n C;? ",'')rTl ~ Ul ,.Do .D .;:.'- .< KANE. PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE ATTORNEY J.D. NO. 60875 510 SWEDE STREET NORRIS TOWN, PA 19401 (610) 275-2000 ATTORNEY FOR DEFENDANT, HOWELL METAL COMPANY ERIE INSURANCE COMPANY, Individually and : as Subrogee on behalf of Lisa & Jeff Edwards; and LISA & JEFF EDWARDS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 06-1604 Civil Term vs. HOWELL METAL COMPANY ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Howell Metal Company in the above- captioned matter. \) '~ .-----, Date: q/2D/uV I I Pa I C. Troy, Esquire J.D. No. 60875 KANE, PUGH, KNO LL, TROY & KRAMER LLP 510 Swede Street Norristown, PA 19401-4886 (610) 275-2000 ptroy@kanepugh.com ~..... ......- - GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No. : 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Lisa & Jeff Edwards COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-1604 Howell Metal Company AFFIDAVIT OF SERVICE STATE OF PENNSYLVANIA ss COUNTY OF PHILADELPHIA PAUL M. SCHOFIELD, JR., ESQUIRE, being duly sworn according to law, deposes and says that on March 23, 2006, he mailed a copy of the Complaint in the above-captioned matter to the defendant, Howell Metal Company, by certified mail, return receipt requested. Attached hereto, made part hereof, and marked Exhibit "A" is a return receipt card, indicating the same was received by and signed for by defendant's agent, Wm. Strickler, on March 27, 2006. I further state that the facts set forth herein are true and correct to the best of my knowledge, information and belief. BY: GORDON & WEINBERG, P.C. ~. P'AUL M. SCHOFIELD, JR., Attorney for Plaintiff ESQUIRE ~.. / ~. ~. Sworn to and subscrlbed before m~ this )~ day of J!Lft,~006. Notary Public EALTH OF PENN$Yl.yANtA NOTARIAL SEAL IARaARA A. PlSANICK. Notery PubIie City of Plillldelphia, :'hUa. County ... n Exaif'll July 29. 2009 It-' . Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front If space pennits. 1. Article Addr8ssed to: #04J6/-1, ;vt6T'AL c0l1fl#'7 5'9- 'I iJtfB/ t-j) !J60 jv-qtt(r;7 lJi} c7-d- t 'If 2. MIele Number {7IwteIer /tam ..we. W>>IJ PS Fonn 3811, FebruIIry 2004 3,. ServIce "TYPe .. CertifIed Mail [J Express Mail [J Registered [J Return Receipt for Merchancll8e [J Insured Mail [J C.O.D. 4. RestrIcted DelI11ery? (Extra Fee) [J Yes 7003 3110 ODDS S932 0973 ~AIUn Rec:eIpt 1~ Exhibit "A" o ~; a~: . , ?~~:~ -<. .:.. ~cj 2r-'1 _-l Hi :~:.".'.1 N -.J c.~ F:\FILESIDA T AFILElGeneralICurrentIl1631.6.pra Created: 3/3/06 IO:49AM Revised: 4/26/06 IO:29AM Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TONI S. FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 06 - 1802 CIVIL TERM LEAH R. IRWIN, a minor, LARRY E. IRWIN and MELODY L. IRWIN, husband and wife, Defendants PRAECIPE TO THE PROTHONOTARY: Please revise the caption in the above matter to remove Defendants Larry E. Irwin and Melody L. Irwin, husband and wife, from this action. Date: April 26, 2006 MARTSON DEARDORFF WILLIAMS & OTTO BY~~ ) tC. Christopher E. Rice, Esquire I.D. Number 90916 George B. Faller, III, Esquire I.D. No. 49813 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff e t--.' = ,~:> .:.T" ::D'" -0 :::0 N -..l \.0 f'J N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TONI S. FAILOR, CNIL DNISION Plaintiff, 06-1802 v. LEAH R. IRWIN, A MINOR, LARRY E. IRWIN AND MELODY L. IRWIN, HUSBAND AND WIFE, Defendant. JURY TRIAL DEMANDED TO THE PROTHNOT ARY: Plain,iffhereby dismisses, Defendants, Larry E. Irwin and Melody L. Irwin, Husband and Wife from the above-captioned civil action with prejudice. The caption shall be amended to reflect their dismissal. Furthermore, Plaintiff and Defendant have agreed to withdraw paragraphs 19 through 22 of Plaintiffs Complaint. Respectfully submitted, Date.: 't 2'1- of? Ce!r:f J IL- Christopher Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Counsel for Plaintiff 1 " ,-, ,-, c ,......", c....-;) ..-~~:;, ''.:7"'0 ~. --,-, ';.,"..-' ..,J",) f',> --.; N N NOTICE TO PLEAD KANE, PUGH, KNOELL, TROY & KRAMER, LLP PAUL C. TROY, ESQUIRE IDENTIFICATION NO. 60875 510 SWEDE STREET NORRISTOWN, PA 19401 (610) 275-2000 ATTORNEY FOR DEFENDANT HOWELL METAL COMPANY ERIE INSURANCE COMPANY, Individuallyand : as Subrogee on behalf of Lisa & Jeff Edwards; and LISA & JEFF EDWARDS COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A No. 06-1604 Civil Term vs. HOWELL METAL COMPANY DEFENDANT HOWELL METAL COMPANY'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATIER ANSWER 1 - 2. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. Hence, said averments are denied and strict proof thereof is demanded at trial, if material. 3. Admitted in part; denied in part. It is admitted that Howell Metal Company is a corporation conducting business from 574 Depot Road, New Market, Virgini~ 22844. The remaining averments of this paragraph are denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. Hence, said averments are denied and strict proof thereof is demanded at trial, if material. 4 - 6. Denied. After reasonable investigation Defendant is without knowledge or information s~cient to fonn a belief as to the truth or falsity of these averments. Hence, said averments are denied and strict proof thereof is demanded at trial, if material. .. 7. Denied. Answering Defendant denies any negligence and carelessness, and specifically denies each of the allegations of negligence and/or carelessness set forth in this paragraph. On the contrary, answering Defendant acted in a reasonable and prudent manner at all times herein relevant. 8. Denied. Answering Defendant denies any negligence or carelessness as previously stated. The remaining averments of this paragraph are denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. Hence, said averments are denied and strict proof thereof is demanded at trial, if material. 9. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. Hence, said averments are denied and strict proof thereof is demanded at trial, if material. 10. Denied. Answering Defendant denies any negligence as previously stated. The remaining averments of this paragraph are denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. Hence, said averments are denied and strict proof thereof is demanded at trial, if material. 11. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. Hence, said averments are denied and strict proof thereof is demanded at trial, if material. WHEREFORE, answering Defendant hereby denies any and all other averments of Plaintiffs' Complaint, and request that Plaintiffs' Complaint be dismissed. NEW MATTER 12. Defendant avers that the proximate cause of Plaintiffs' injuries was the actions or omissions of persons over whom Defendant had no control or right of control. 13. Plaintiffs' claims are barred by the applicable statute of limitations, either in whole or in part. 14. Answering Defendant hereby pleads accord and satisfaction as a full or partial defense to Plaintiffs' Complaint. 15. Answering Defendant hereby pleads consent as a full or partial defense to Plaintiffs' Complaint. 16. Answering Defendant hereby pleads estoppel as a full or partial defense to Plaintiffs' Complaint. 17. Answering Defendant hereby pleads failure of consideration as a full or partial defense to Plaintiffs' Complaint. 18. Answering Defendant hereby pleads fraud as a full or partial defense to Plaintiffs' Complaint. 19. Answering Defendants hereby pleads impossibility of performance as a full or partial defense to Plaintiffs' Complaint. 20. Answering Defendant hereby pleads laches as a full or partial defense to Plaintiffs' Complaint. 21. Answering Defendant hereby pleads payment as a full or partial defense to Plaintiffs' Complaint. 22. Answering Defendant hereby pleads that Plaintiff has failed to state a cause of action upon which relief can be granted. 23. Answering Defendant hereby pleads the statute of frauds as a full or partial defense to Plaintiffs' Complaint. 24. Answering Defendant hereby pleads waiver as a full or partial defense to Plaintiffs' Complaint. 25. Answering Defendant hereby pleads release as a full or partial defense to Plaintiffs' Complaint. 26. Answering Defendant hereby pleads assumption of the risk as a full or partial defense to Plaintiffs' Complaint. 27. Answering Defendant hereby pleads comparative negligence as a full or partial defense to Plaintiffs' Complaint. 28. Answering Defendant hereby pleads contributory negligence as a full or partial defense to Plaintiffs' Complaint. WHEREFORE, answering Defendant hereby denies any and all other averments of Plaintiffs' Complaint, and request that Plaintiffs' Complaint be dismissed. KANE, PUGH, KNOELL, TROY & IQlAMER, LLP BY: --, PAC. TROY, ESQUIRE Attorney for Defendant Howel Attorney No. 60875 KANE, PUGH, KNOELL, TROY & KRAMER LLP 510 Swede Street Norristown, PA 19401-4886 (610) 275-2000 ptroy@kanepugh.com VERIFICATION I, Paul C. Troy, Esquire state under the penalties of 18 Pa. C.S. Section 4904 (relating to unsworn falsification to authorities) that I am the attorney for Defendant in the within action; that as such, I am authorized to take this Verification; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. cY-. ~ "':) .....;. . KANE, PUGH, KNOELL, TROY & KRAMER, LLP PAUL C. TROY, ESQUIRE IDENTIFICATION NO. 60875 510 SWEDE STREET NORRISTOWN, PA 19401 (610) 275-2000 ATTORNEY FOR DEFENDANT HOWELL METAL COMPANY COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A ERIE INSURANCE COMPANY, Individually and : as Subrogee on behalf of Lisa & Jeff Edwards; and : LISA & JEFF EDWARDS No. 06-1604 Civil Term vs. HOWELL METAL COMPANY CERTIFICATION OF SERVICE I, PAUL C. TROY, ESQUIRE, certify that I served a true and correct copy of the foregoing Answer of Defendant Howell Metal Company to Plaintiffs' Complaint with New Matter upon the following counsel by U.S. First Class Mail, postage prepaid on May 15,2006. Paul M. Schofield, Jr., Esquire Gordon & Weinberg, P.C. 21 S. 21 st Street Philadelphia, P A 19103 KANE, PUGH, KNOELL, TROY & KRAMER, LLP .., PAUL C. TROY, ESQUIRE Attorney No. 60875 KANE, PUGH, KNOELL, TROY & KRAMER LLP 510 Swede Street Norristown, P A 19401-4886 (610) 275-2000 ptrov@kanepwili.com BY: o c: .. , -- r-..;) '=' ,= c.:;.)""'\ -- -"- :c.. -c:: ~ ~""T1 m- _ r- :8 l!:l D1 :::~9 :s:B .z.o om ::;! S::J -< 0'0 :x> 3: c:? (.....) 2021544 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No. : 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Lisa & Jeff Edwards COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-1604 Howell Metal Company PLAINTIFF'S REPLY TO NEW MATTER 12. Denied. After reasonable investigation plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. Therefore, it is denied and strict proof thereof is demanded at the time of trial. 13-28. Denied. There averments are conclusions of law which require no response under the applicable Rules of Civil Procedure. However, these averments are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands damages against the defendant as set forth in plaintiff's Complaint. GORDON & WEINBERG, P.C. BY: P014 FREDERIC PAUL M. Attorney ERG, ESQUIRE D, JR., ESQUIRE aintiff . VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the plaintiff in this action and verifies that the statements made in the foregoing pleadings are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WEIN CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Reply to New Matter, via First Class Mail, postage pre-paid, to all other parties or their counsel of record. Dated: FREDERIC I. WEINB (") ~~ "'" = C? c:." ...... :;= -= w a o " ~ nl:JJ r- -0 "1 iq9 ':,C) :5~ C5ril -I J;- :XJ -< ~ N .. .::- ,&:- 2021544 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Lisa & Jeff Edwards COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 06-1604 Howell Metal Company ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. FREDERIC PAUL M. Attorney BY: P003 (') c ?: -0 OJ t:9 [T : .,c. _ .2:'" (,1';> ~~~; )>r~ ~ .. ,..." c:::;l = -.oJ :x :;po. :::0 N CO o -n :I!." m- -oh1 :u? SQ J: :ri I :) ..1.... 6~ -1 ?E -< -0 :J: W <:::::> -.J