HomeMy WebLinkAbout02-3585 IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes,
401 Penn Street, Suite 100
Reading, PA 19601
Plaintiff,
VS.
Kenneth G. Berry, t/dgo/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Defendant
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) CIVIL DIVISION
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PRAECIPE FOR WRIT OF SUMMONS
To the Prothonotary:
Kindly issue a writ of summons against the Defendant in the above-captioned
action.
Law Offices of Ralph F. Touch
Jeffri~e
401 Penn Street, Suite 100
Reading, PA 19601
610-320-4780
Atty. ID #: 69952
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty CompanY of Reading,
As Subrogee of United Church of Christ Homes,
401 Penn Street, Suite 100
Reading, PA 19601
Plaintiff,
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Defendant
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CIVIL DIVISION
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WRIT OF SUMMONS
TO: Kenneth G. Berry, t/dgo/a Kenny's Electrical Service
You are hereby notified that American Casualty CompanY of Reading, as subrogee
of United Church of Christ Homes, has commenced an action against you, which you are
required to defend.
Date: --Prothonotary
Deputy
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2002-03585 P
COMMONWEALTH OF PENNSYLVA~qIA
COIINTY OP CUMBERLAND
AMERICAN CASUALTY CO OF READIN
VS
BERRY KENNETH G TDBA KENNY'S E
R. Thomas Kline
according to law, says, that
the within named DEFENDANT
BERRY KENNETH G T/D/B/A
, Sheriff who being duly sworn
he made a diligent search and inquiry for
, to wit:
KENNY'S ELECTRICAL SERVICE but was
unable to locate Him in his bailiwick.
WRIT OF SUMMONS
He therefore returns the
NOT SERVED , as to
the within named DEFENDANT , BERRY KENNETH G T/D/B/A
KENNY'S ELECTRICAL SERVICE
ALTHOUGH SERVICE WAS STTEMPTED NUMEROUS TIMES, WE WERE NOT ABLE TO
MAKE SERVICE PRIOR TO EXPIR3ITION. DEFENDANT'S NEW ADDRESS IS
289 REDWOOD LANE CARLISLE, PA 17013
Sheriff's Costs:
Docketing 18.00
Service 14.49
Affidavit .00
Surcharge 10.00
.00
42.49
K. THOMAS KLINE
SHERIFF OF CUMBERLAND COUNTY
RALPH F TOUCH
08/26/2002
Sworn and subscribed to before me
this ,~ day of ~
=2~ A.D.
Pr~St~onotary
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes,
401 Penn Street, Suite 100
Reading, PA 19601
Plaintiff,
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Defendant
CIVIL DIVISION
NO. 2002-03585 P
PRAECIPE TO REINSTATE WRIT OF SUMMONS
To the Prothonotary:
Kindly reinstate the writ of summons filed against the Defendant in the above-
captioned action.
Law Offices of Ralph F. Touch
Jeffrey S.~e, Esquire
401 Penn Street, Suite 100
Reading, PA 19601
610-320-4780
Atty. ID #: 69952
SHERIFF'S RETURN
CASE NO: 2002-03585 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AMERICAN CASUALTY CO OF REAOIN
VS
BERRY KENNETH G TDBA KENNY'S ~
RONALD HOOVER
REGULAR
Cumberland County, Pennsylvania,
says, the within WRIT OF SUMMONS was served upon
BERRY KENNETH G T/D/B/A KENNY,S ELECTRICAL SERVICE the
DEFENDANT , at 2120:00 HOURS, on the 26th day of peptembe~, __
at 289 REDWOOD LANE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
2002
CARLISLE, PA 17013
NANETTE LOCK, MOTHER
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff.s Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this _~ day of
(~ ~2 ~W.J~ A.D.
P~othonotary '
So Answers:
R. Thomas Kline
09/27/2002
RALPH F TOUCH
Deputy Sheriff
LAW OFFICES OF RALPH F. TOUCH
By: Jeffrey S. Lee, Esquire
Attorney I.D. No.: 69952
401 Penn Street, Suite 1105
Reading, PA 19601
(610)-320-4248 FAX (610)-320-4767
Attorney for Plaintiff
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes, Inc.
d/b/a Sarah A. Todd Memorial Home
401 Penn Street, Suite 100
Reading, PA 19601
Plaintiff,
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Defendant
CIVIL DIVISION
NO. 2002-03585 P
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this ]complaint and notice] are served, filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court without further notice
for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
LAW OFFICES OF RALPH F. TOUCH
By: Jeffrey S. Lee, Esquire
Attorney I.D. No.: 69952
401 Penn Street, Suite 1105
Reading, PA 19601
(610)-320-4248 FAX (610)-320-4767
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes, Inc.
d/b/a Sarah A. Todd Memorial Home
401 Penn Street, Suite 100
Reading, PA 19601
Plaintiff,
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Defendant
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CIVIL DIVISION
NO. 2002-03585 P
COMPLAINT
1. The Plaintiff, American Casualty Company of Reading is a business entity with a mailing
address of 401 Penn Street, Suite 100, Reading, Pennsylvania 19601.
2. The Plaintiff, United Church of Christ Homes, Inc., is a non-profit Pennsylvania
corporation dfo/a Sarah A. Todd Memorial Homes. The United Church of Christ Homes, Inc.'s
mailing address is 30 North 31st Street, Camp Hill, Pennsylvania 17011.
3. The Defendant, Kenneth G. Berry, t/d/b/a Kenny's Electrical Service is a business entity
with a mailing address of 401 Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania
17065.
4. On or about September 5, 2000, the Defendant, Kenneth G. Berry, t/d/b/a Kenny's
Electrical Service was in the business of providing electrical service, or, repairs and maintenance
of electrical services, and electrical systems.
5. On September 4, 2000, the Plaintiff, The United Church of Christ Homes, Inc. contacted
the Defendant, Kenneth G. Berry, t/d/b/a Kenny's Electrical Service as a result of a electrical
problem that had tripped an electrical breaker located in the 400 amp service panel at Sarah A.
Todd Memorial Homes location at 1000 West South Street, Carlisle, Pa 17103.
6. On or about September 4, 2000, the Defendant, Kenneth G. Berry, t/d/b/a Kenny's
Electrical Service advised representatives from the Plaintiff, The United Church of Christ
Homes, Inc. that he would attempt to get a new breaker for the electrical service panel.
7. On September 5, 2000, Kenneth G. Berry, t/d/b/a Kenny's Electrical Service returned to
the premises of the Plaintiff, The United Church of Christ Homes, Inc. and met with the
maintenance director of the nursing home.
8. During the course of a discussion regarding a new breaker, Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service reached into the service panel and energized the bad circuit breaker
that was determined to be in need of repair.
9. As a result of the energizing of the bad circuit breaker the electrical panel burst into
flames causing damage to the electrical service panel and surrounding physical property.
10. The actions of the Defendant, Kenneth G. Berry, t/d/b/a Kenny's Electrical Service
resulted in the property damage loss to the Plaintiffs in that his actions amounted to negligence,
recklessness, in the following manner:
(a) By failing to properly inspect the circuit breaker prior to attempting to re-energize
the breaker after it had been determined to have tripped;
(b) Negligently re-energizing a breaker that had tripped within a circuit breaker box;
(c) Failing to use due care when re-energizing a circuit breaker that had been
previously tripped;
(d) Failing to provide employees, representatives, or workmen that were
knowledgeable in the function of a circuit breaker so as to have not re-energized a
tripped circuit breaker resulting in the damages claimed by the Plaintiff;
(e) Failing to take adequate safety precautions in ensuring that re-energizing a
previously tripped breaker would not result in an electrical fire causing damage to
the surrounding area where the circuit breaker was located;
(f) Falling to take adequate safety precautions to prevent an electrical fire from
occurring as a result of the re-energizing of a previously tripped circuit breaker;
(g) Failing to adequately inspect the breaker in question prior to attempting to re-
energize the circuit breaker so as to have prevented the fire and damages that
resulted from re-energizing the breaker.
11. On September 5, 2000 the Plaintiff, American Casualty Company provided insurance
coverage for the United Church of Christ Homes, Inc. which included coverage for property
damage.
12. As a result of the negligence and recklessness of the Defendant, the American Casualty
Company of Reading was forced to pay the amount of $21,887.41 as a result of property
damage, inspections, and miscellaneous expenses that were the result of the Defendant's
negligent actions.
13. As a result of the negligent actions of the Defendant, Kenneth G. Berry, t/d/b/a Kenny's
Electrical Service, the Plaintiff, United Church of Christ Homes, Inc. was forced to pay a
$1,000.00 deductible.
14. The total amount of the damages that resulted from the Plaintiff's negligent conduct are
$22,887.41.
WHEREFORE, the Plaintiffs demand judgment be entered in their favor and against
Defendant, and thus prays that Plaintiffs' Complaint be dismissed with prejudice.
Law Offices of Ralph F. Touch
Jeffre
401
Reading, PA 19601
610-320-4780
Atty. ID #: 69952
'- ~ee, Esquire
treet, Suite 1 O0
VERIFICATION
I, Tillman Haynes, hereby verify that the statements made in the foregoing document are true
and correct to the best of my personal knowledge or information and belief. To the extent that the
foregoing contains averments which are inconsistent in fact, I verify that my knowledge and
information is sufficient to form a belief that one or more of them is true although I am currently
unable, after reasonable investigation, to ascertain which of the inconsistent averments are tree.
To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my
verification is made upon the advice of counsel, upon whom I have relied in the filing of this
document.
This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relative to
unsworn falsifications to authorities.
Tillman Hay~laim Specialist)
VERIFICATION
I,-~w~t~ ~. ¢/oawt,,4 Corporate Designee for United Church of Christ Homes, hereby
verify that the statements made in the foregoing document are tree and correct to the best of my
personal knowledge or information and belief. To the extent that the foregoing contains averments
which are inconsistent in fact, I verify that my knowledge and information is sufficient to form a
belief that one or more of them is true although I am ctwrently unable, after reasonable investigation,
to ascertain which of the inconsistent averments are tree.
To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my
verification is made upon the advice of counsel, upon whom I have relied in the filing of this
document.
This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relative to
unsworn falsifications to authorities.
Dated:
For United Church of Christ Homes
CERTIFICATION OF SERVICE
I hereby certify that I have served a copy of the Complaint upon all parties, their attorneys or
representatives, and all other relevant organizations, in the manner(s) set forth below:
By first-class mail, postage prepaid:
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Dated: November 13, 2002
.~. Lee, Esquire
LAW OFFICES OF R~LPH F. TOUCH
By: Jeffrey S. Lee, Esquffe
Attorney I.D. No.: 69952
401 Penn Street, Suite 1105
Reading, PA 19601
(610)-320-4248 FAX (610)-320-4767
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes, Inc.
d/b/a Sarah A. Todd Memorial Home
401 Penn Street, Suite 100
Reading, PA 19601
Plaintiff,
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Defendant
CIVIL DIVISION
NO. 2002-03585 P
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint filed in the above matter on or about November 14, 2002, a copy
of which is attached as Exhibit "A".
Respectfully submitted,
LAW OFFICES OF RALPH F. TOUCH
Dated: April 9, 2003
Jeffrey S _//~ee, Esquire
Attorney for Defendant
LA W OFFICES OF RALPH F. TOUCH
By: Jeffrey S. Lee, Esquire
Attorney I.D. No.: 69952
401 Penn Street, Suite 1105
Reading, PA 19601
(610)-320-4248 FAX (610)-320-4767
COPY
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes, Inc.
d/b/a Sarah A. Todd Memovint Home
401 Penn Slreet, Suite 100
Reading, PA 19601
Plaimiff,
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Defendant
)
) CIVIL DMSION
) .? ~.,
) NO. 2002-03585 P
)
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set for(h in the following
pages, you must take action within twenty (20) days after this [complaint and notice] are served, filing in writing .
with the Court your defenses or objections to the claims set forth against you. You are warne~l that if you fail to do
so the case may proceed without you and a judgment may be entered against you by the court ~vithout fia'ther 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. ~F YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OI~FICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
LA W OFFICES OF RALPH F. TOUCH
By: Jeffrey S. Lee, Esquire
Attorney I.D. No.: 69952
401 Penn Street, Suite 1105
Reading, PA 19601
(610)-320-4248 FAX (610)-320-4767
Attomey for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes, Inc.
d/b/a Sarah A. Todd Memorial Home
401 Penn Street, Suite 100
Reading, PA 19601
Plaintiff,
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Defendant
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)
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)
)
)
)
)
)
)
)
)
)
)
CIVIL DIVISION
NO. 2002-03585 P
COMPLAINT
1. The Plaintiff, American Casualty Company of Reading is a business entity with a mailing
address of 401 Penn Street, Suite 100, fieading, Pennsylvania 19601.
2. The Plaintiff, United Church of Christ Homes, Inc., is a non-profit Pe~nsylvania
corporation d/b/a Sarah A. Todd Memorial Homes. The United Church of clfl'ist Homes, Inc.'s
mailing address is 30 North 3 1st Street, Camp Hill, Pennsylvania 17011.
3. The Defendant, Kenneth 13. Berry, t/d/b/a Kenny's Electrical Service is a business entity
with a mailing address of 401 Pine Street, Mt. Holly Springs, Cumberland COunty, Pennsylvania
17065.
4. On or about September 5, 2000, the Defendant, Kenneth G. Berry, t/d~/a Kermy's
Electrical Service was in the business of providing electrical service, or, repairs and maintenance
of electrical services, and electrical systems.
5. On September 4:_2000, the Plaintiff, The United Church of Christ Homes, Inc. contacted
the Defendant, Kenneth G. Berry, t/d/b/a Kenny's Electrical Service as a result of a electrical
problem that had trippeffan electrical breaker located in the 400 amp service Panel at Sarah A.
Todd Memorial Homes location at 1000 West South Street, Carlisle, Pa 17103.
6. On or about September 4, 2000, thc Defendant, Kenneth O. Berry, t/dJtb/a Kenny's
Electrical Service advised representatives from the Plaintiff, The United chujch of Christ
Homes, Inc. that he would attempt to get a new breaker for the electrical service panel.
7. On September 5, 2000, Kenneth G. Berry, t/d/b/a Kenny's Electrical Service returned to
the premises of the Plaintiff, The United Church of Christ Homes, Inc. and met with the
maintenance director of the nursing home.
8. During the course of a discussion regarding a new breaker, Kenneth G. Berry, t/dPo/a
Kenny's Electrical Service reached into the service panel and energized the bad circuit breaker
that was determined to be in need of repair.
9. As a result of the energizing of the bad circuit breaker the electrical panel burst into
flames causing damage to the electrical service panel and surrounding physichl property.
10. The actions of the Defendant, Kenneth G. Berry, t/d/b/a Kenny's EleCtrical Service
resulted in the property damage loss to the Plaintiffs in that his actions amou+ted to negligence,
/
recklessness, in the following manner:
(a)
(b)
(c)
(d)
(e)
(0
(g)
By failing to properly inspect the circuit breaker prior to attempting to re-energize
the breaker at~er it had been determined to have tripped;
Negligently re-energizing a breaker that had tripped within a circuit breaker box;
Falling to use due care when re-energizing a circuit breaker thht had been
previously tripped;
Falling to provide employees, representatives, or workmen that were
knowledgeable in the function of a circuit breaker so as to have not re-energized a
tripped c.i.r_cuit breaker resulting in the damages claimed by the Plaintiff;
Falling to take adequate safety precautions in ensuring that re-~energizing a
previous~ tripped breaker would not result in an electrical fire causing damage to
the surrounding area where the circuit breaker was located;
Falling to take adequate safety precautions to prevem an electrical fire from
occurring as a result of the re-energizing of a previously tripPed circuit breaker;
Falling to adequately inspect the breaker in question prior to attempting to re-
energize the circuit breaker so as to have prevented the fire an~:1 damages that
resulted from re-energizing the breaker.
11. On September 5, 2000 the Plaintiff, American Casualty Company provided insurance
coverage for the United Church of Christ Homes, Inc. which included coverage for property
damage.
12. As a result of the negligence and recklessness of the Defendant, the American Casualty
Company of Reading was forced to pay the amount of $21,887.41 as a result!of property
damage, inspections, and miscellaneous expenses that were the result of the Defendant's
negligent actions.
13. As a result of the negligent actions of the Defendant, Kenneth G. Ber
Electrical Service, the Plaintiff, United Church of Christ Homes, Inc. was fol
$1,000.00 deductible.
~, t/d/b/a Kenny's
'ced to pay a
14. The total amount of the damages that resulted from the Plaintiff's negligent conduct are
$22,887.41.
WHEREFORE, the Plaintiffs demand judgment be entered in their favor and against
Defendant, and thus prays that Plaintiffs' Complaint be dismissed with prejudice.
Law Offices of Ralph F. Touch
Reading, PA 19601
610-320-4780
Atty. ID #: 69952
VERIFICATION
I, Tillman Haynes, hereby verify that the statements made in the foregoing document are true
and correct to the best of my personal knowledge or information and belief. To the extent that the
foregoing contains averments which are inconsistent in fact, I verify that my knowledge and
information is sufficient to form a belief that one or more of them is true althougl~. I am currently
unable, after reasonable investigation, to ascertain which of the inconsistent averments are true.
To the extent that the'foregoing contains legal conclusions or opinions, I llereby state that my
verification is made upon the_advice of counsel, upon whom I have relied in the filing of this
document.
This Verification is made subject to the penalties of 18 Pa. C.S. Section 4904 relative to
unswom falsifications to authorities.
Tfllman Ha~lmm Spect~ahst)
VERIFICATION
I,~'~ ~. 'tt/Pev''er'4 Corporate Designee for United Church of Christ Homes, hereby
verify that the statements made in the foregoing document are true and correct to,he best of my
personal knowledge or information and belief. To the extent that the foregoing contains averments
which are inconsistent in fact, I verify that my knowledge and information is sufiS~ient to form a
belief that one or more of them is true although I am currently unable, atter reasor~able investigation,
to ascertain which of the inconsistent averments are tree.
To the extent that the-'~'oregoing contains legal conclusions or opinions, I hbreby state that my
verification is made upon the-advice of counsel, upon whom I have relied in the fiiing of this
document.
This Verification is made subject to the penalties of 18 Pa. C.S. Section 4404 relative to
unswom falsifications to authorities.
For United Church of Christ Homes
CERTIFICATION OF SERVICE
I hereby certify that I have served a copy of the Complaint upon all pariies, their attorneys or
representatives, and all other relevant organizations, in the manner(s) set fort~ below:
By first-class mail, postage pret~aid:
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Servi_ce,
401 Pine Street
Mt. Holly Springs, PA 17065
Dated:
November 13, 2002
~'foLre~l~t~qt~;e
LAW OFFICES OF RALPH F. TOUCH
By: Jeffrey S. Lee, Esquire
Attorney I.D. No.: 69952
401 Penn Street, Suite 1105
Reading, PA 19601
(610)-320-4248 FAX (610)-320-4767
COPY'
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes, Inc.
d/b/a Sarah A. Todd Memo~ Home
401 Penn Street, Suite 100
Reading, PA 19601
P~'aintiff,
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
401 Pine Street
Mt. Holly Springs, PA 17065
Defendant
CIVIL DIVISION
NO. 2002-03585 P
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set f~rth in the following
ages, you must take action within twenty (20) days aPter this [complaint and notice] are s~rved, filing in writing
~ith the Court your defenses or objections to the claims set forth against .you. You are warn~.d ~,at if.y~ou.,fail to.d.o
~'~he case ma~proceed without you and a judgment may be entered, a?mst y.ou,b,y ~e c~o, ~u~..w_. ~mo, u,t_utU2a~rl~sOenCe
for any money claimed in the Complaint or for any other claim or relict requestea oy me ~-tamtlxL xu y
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONC~ IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THEOFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
LA W OFFICES OF RALPH F. TOUCH
By: Jeffrey S. Lee, Esquire
Attorney I.D. No. 69952
401 Penn Street, Suite 100
Reading, PA 19601
Tel. 610-320-4248, Fax 610-320-4767
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes, Inc.
d/b/a Sarah A. Todd Memorial Home
401 Penn Street, Suite 100
Reading, PA 19601
Plaintiff, )
)
vs. )
)
Kenneth G. Berry, tJd/b/a )
Kenny's Electrical Service, )
289 Redwood Lane )
Carlisle, PA 17013
Defendant )
CIVIL DIVISION
NO. 2002-03585 P
CERTIFICATE OF SERVICE
I hereby certify that on or about April 1, 2003, I mailed a copy of the Complaint in this matter to the
defendant, Kenneth G. Berry, t/d/b/a Kenney's Electrical Service, by both Certified Mail, Return Receipt Requested
and by U. S. Mail. The Certified Mail was returned by the Post Office unclaimed (See Exhibit "A") but the regular
U. S. Mail was not returned.
Therefore, pursuant to Pa. R.C.P. Rule 403 (2), service of the Complaint is complete, as the Regular U.S.
Mail was not returned by the Post Office within fifteen (15) days of service.
Respectfully submitted,
LAW OFFICES OF RALPH F. TOUCH
t~ey S. L~,]E'~quire
Attorney f~laintiffs
CERTIFICATION OF SERVICE
I hereby certify that I have served a copy of the foregoing document(s) upon all parties, their
attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below:
By .first-class mail, postage orepaid:
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
289 Redwood Lane
Carlisle, PA 17013
Dated:
Thursday, May 22, 2003
302300012/Lee
0000
LAW OFFICES OF RALPH F. TOUCH
By: Jeffrey S. Lee, Esquire
Attorney I.D. No. 69952
401 Penn Street, Suite 100
Reading, PA 19601
Tel. 610-320-4248, Fax 610-320-4767
Christ Homes
Attorney for Plaintiffs, United Church of
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes, Inc.
dPo/a Sarah A. Todd Memorial Home
401 Penn Street, Suite 100
Reading, PA 19601
Plaintiff,
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
289 Redwood Lane
Carlisle, PA 17013
Defendant
CIVIL DIVISION
NO. 2002-03585 P
PRAECIPE TO ENTER DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter a Judgment of Default in favor of the Plaintiff, American Casualty
Company of Reading, PA as Subrogee of United Church of Christ Homes, Inc. d/b/a Sarah A.
Todd Memorial Home, and against Defendant,Kenneth G. Berry, t/d/b/a Kenny's Electrical
Service for failure to Answer or otherwise plead within ten (10) days from service of the Notice
of Intention to Take Default Judgment.
Pursuant to PA Rules of Civil Procedure 237.1 (a)(2)(i), written notice of intention to file
the subject praecipe was mailed to the Defendant on May 22, 2003. A true and correct copy of
the said notice is attached hereto as Exhibit "A".
Dated: Jume 11, 2003 S~
Jeffrey
Attorney for[P, pfaintiffs
PA Atty. I.D. No. #69952
Law Offices of Ralph F. Touch
401 Penn Street, Suite 100
Reading, PA 19601
(610) 320-4780
CERTIFICATION OF SERVICE
I hereby certify that I have served a copy of the Praecipe for Judgement of Non
Pros upon all listed parties or their attorneys in the following manner(s) and in accordance with
all pertinent Rules of Civil Procedure:
1. By first-class mail, postage prepaid:
Kenneth G. Berry, t/d/b/adKenny's Electrical Service
289 Redwood Lane
Carlisle, PA 17013
Dated: June 11, 2003
302300012
Attorney for Defendant(s)
Atty. I.D. #69952
Law Offices of Ralph F. Touch
401 Penn Street, Suite 100
Reading, PA 19601
610~320-4248
EXHIBIT 'A'
LAW OFFICES OF R,4LPH F. TOUCH
By: Jeffrey S. Lee, Esquire
Attorney I.D. No. 69952
401 Penn Street, Suite 100
Reading, PA 19601
Tel. 610-320-4248, Fax 610-320-4767
Attorney for Plaintiffs, United Church of Christ Homes
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
American Casualty Company of Reading,
As Subrogee of United Church of Christ Homes, Inc. CIVIL DIVISION
d/b/a Sarah A. Todd Memorial Home
401 Penn Slxeet, Suite 100
Reading, PA 19601
Plaintiff, NO. 2002-03585 P
VS.
Kenneth G. Berry, t/d/b/a
Kenny's Electrical Service,
289 Redwood Lane
Carlisle, PA 17013
Defendant
TO:
Kenneth G. Berry,
tYd/b/a Kenny's Electrical Service
DATE OF NOTICE: May 22, 2003
NOTICE OF INTENTION TO TAKE DEFAULT JUDGMENT
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH IHE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAJNST YOU. UNLESS YOU
ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
COURT ADMINISTRATION
4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
717 240-6200
By: ~
Jeffre uire
Attorney/for Plaintiffs
Law Offices of Ralph F. Touch
401 Penn Street, Suite 100
Reading, PA 19601