Perry County
SLUMLORD
Newport, Pa 17074
Corey and Stephanie Fleisher own a building at 29-31 N. 2nd St., Newport, Pa 17074. Prior to signing a lease Corey had made oral promises that he would get my apartment cleaned and fixed up. Being that he comes across as a good Christian person, I took him for his word. What a mistake! I was deceived!
After being blown off numerous times without so much as a notice that he wasn't going to show up to do or finish the sub-standard work he and his grandfather Ronald Fleisher were doing, I began to document via text my concerns and complaints to no avail. The "Landlord Texts" link to the left pretty much tells the damning story of what I've gone through due to this landlord's negligent actions.
Within less than a month I began to make complaints to the Newport Borough's Secretary Pat Bowers. The next month I gave her digital images of the conditions at my apartment to give to the Codes Officer Rick Miller but nothing was done. I even spoke to Rick Miller at length and going into great detail (2-3 times) about the issues at my building to no avail.
November 9, 2013 I slipped and fell on the 9ml plastic sheeting this slumlord put down as FLOORING in the second bedroom! An ambulance drove me to the ER and I was told I had a bruised rotator cuff. When I fell, I couldn't move for 20 minutes and I was crying out loud the entire time from the excrutiating pain I was in. Months later after complaining to several doctors, I demanded an MRI (Pinnacle Health) it turns out I had TORN a muscle off of the bone in my rotator cuff and I am scheduled for surgery this week. ***Update*** Torn muscle, tendons and ligaments!
December, 13, 2013 I fell down the hazardous, damaged, unmaintained stairs. I dislocated my ankle and broke two bones in my ankle and shattered some bone as well. Doctor Frankeny stated it looked like Corn Flakes!
To state that I am PISSED would be an understatement!
Even after being so severely injured it was like pulling teeth to get Newport Borough employees/officials to do their job! I ended up attending a meeting and brought pictures and testimony (which I will post an audio recording off) and the Borough President Gerald Robonson was incredibly gruff and rude to me. Two weeks later they had not done anything they were supposed to do. They did not act immediately and they had not hand delivered, sent certified or posted in the newspaper a notice to the slumlords Corey & Stephanie Fleisher that they were wanting to inspect the premises.
Gerald Robinson called me and told me he couldn't get a hold of Corey and I told him he wasn't going to be able to over the phone because his voice mail is full and that according to their codes he would have to serve him as I mentioned above. Gerald Robonson was also stating he had NOT HAD TIME TO LOOK OVER THE CODES for Property Maintenance or Dangerous Buildings! Are you kidding me?!? He is the president and he should have these memorized!
I attended another meeting within 2 weeks and I overheard one of the old farts say "Oh gosh" or Oh God!" Really?!?
I waited patiently, they went on with their business and was going to blow me off but I spoke up and handed Pat Bowers a letter addressing the lack of action on their part.
I ended up going to court that same week in February because the slumlord tried to evict me as a retaliatory action to me handing him a list of issues in a note stating that I was withholding rent beginning of July. The DJ judge had to brush up on "Warrant of Habitability" laws and 4 days later deemed that I did not owe $525.00 a month rent but rather only $325.00. I was not happy with the outcome and appealed to the Perry County Court House. The landlord's attorney turned around and filed a suit against me.
I have yet to find a lawyer that will represent me against this landlord who has a history and bad reputation of being a slumlord not just in Newport but in Wilkes-Barre as well. I wouldn't be surprised if the properties he owns in Duncannon and Millerstown are just as neglected, filthy, unsanitary and unsafe as the aforementioned ones.
The landlord was ordered to put in smoke alarms but played games with me. First he didn't give me adequate notice (less than 2 hours) and I wasn't home. Then he harassed me by texting me early in the morning (7:07am), which woke me up, knowing that I don't sleep well and he is not to bother me before 11am.
Because of the unsanitary conditions in the hallways and stairs, both Corey and Ronald Fleisher are aware of the fact that they have to take their shoes off inside my home on the cardboard in front of my door. Corey complied but his grandfather refused and he took his shoes off in the hallway even though I asked him TWO or THREE times not to take them off in the hallway because there was GARBAGE JUICE all over the hallway and he'd get it on his socks! He did it anyway and then with a defiant look and an evil glint in his eyes he proceeded to walk towards my doorway and barrel through me as I was standing in front of the doorway blocking his entrance at this point. I wanted to tell him he could stand on the cardboard but not walk on my flooring with his now soiled dirty socks but I did not have the chance because he puffed up his chest, pulled his shoulders back and began to barrel his way in and came within an inch of my chest. I was forced to take a step back, I was in an air-boot cast, and I felt pain in my ankle from having to step backwards as I did to avoid contact with his chest. I just had surgery. I snapped and began to yell at him and put my left hand on his chest as I held onto the door knob to stabilize myself and I gently but firmly pushed him out of my apartment as I screamed "How dare you barrel into my apartment like that?! I have a broken ankle! Get the fuck out of my apartment! What kind of man are you?!?"
He took about two steps back and out of my apartment and raised his right hand up to his chin level, with his hand balled up in a fist in a gesture that he was going to punch me in my face! This is an 82 year old ABUSIVE man!
I called Newport State Police, there were 4 other witnesses and to date I have not heard back from them though I've escalated the issue from Trooper Fisher to Sgt. Wirth. No smoke alarms were installed.
After this incident Corey Fleisher posted a bogus letter on my door stating I was preventing him from entering the premises to install the smoke alarms. He stated he would install them on Monday unless he had to work late in which case he would install them on Tuesday. He also wrote that if I prevented him from installing them on Monday or Tuesday that he would then have the right to key into my apartment! I had a friend waiting on Monday to give Ronald Fleisher a No Trespass and Cease and Desist letter but he never showed up. I texted him asking if he was coming but he did not respond. He didn't show up Tuesday either! I texted him if he was coming but he blew me off again. I complained to the State Police that I was in FEAR of this slumlord entering my apartment whenever he wanted to, whether I was in the shower or sleeping or etc., but they stated they couldn't do anything unless he attempted to enter! Meanwhile I have to live in FEAR?!? Unbelievable!!!
I then comprised a Cease and Desist and No Trespass letter for Corey Fleisher as well and posted it on my front door and mailed it certified to the both of them.
Meanwhile Fleisher's attorney sends me this bogus letter stating that I had to pay $20.00 a day for using the building at 31 N. 2nd to store my belongings (which I was told to put there until my apartment at 29 was fixed up)! This is illegal to do. Raising rent after a tenant files a complaint or wins a lawsuit is illegal for 6 months and is considered a retaliatory action.
I didn't bother responding. I appealed the DJ's decision because after everything I've gone through and the conditions I've been forced to live in and the actions and harassment I've had to endure because of the landlord, I'm out for blood! Figuratively speaking of course :-)
I will add to my testimony/story shortly. There is so much more to this story than I have time to post prior to surgery. Right now I can type without irritating my torn muscle. It's other things I can't do, like lift things, cut food, shampoo my hair, sleep or lay in bed without MUCH PAIN! Sitting, standing lessens the pain. My pain has been intolerable for over two months now and this lack of sleep is severely effecting me. I'm also severely depressed because of the malicious and negligent actions this landlord has brought upon me. He has the seemingly mentally challenged and/or drugged tenants verbally accosting me and harassing me.
I wish I could move but I have no money to pay for helpers to pack two U-Hauls and unload it all and no money for rent and deposit elsewhere. I have more than two cats and that makes it very difficult to find a place even though they are very well behaved.
Me and my cats have been stuck in one bedroom for over 4 months and are going stir crazy :-( The room is the cleanest in the apartment. Freshly painted and cleaned and the flooring was put in by me! It's off white colored carpeting and it is still clean and sanitary! Even so, people don't want to rent to a tenant with more than 2 pets :-(
***Update*** I have not been able to post anything because I am being mentally assaulted with nearly weekly or biweekly issues which I blame the slumlord for. There is a nasty foul sewage odor that permeates my apt throughout the day and Newport Borough has done nothing to look into this. My stuff in storage was flooded out by TWO water issues. The first one was from the roof leak in the kitchen that the landlord knew was an issue but he had me put my stuff in storage there anyway. There is a 5 gallon bucket ontop of 3/4" paneling sitting ontop of the drop ceiling collecting water and overflowing!!! This ended up leaking all the way into the front of the restaurant/store from the back of the kitchen and the ceiling collapsed in the kitchen. NEXT, the 2nd floor tenant Wanda Dietz texted Corey Fleisher (I have photographs of their texts to each other) and she told him she was hearing CONSTANTLY RUNNING WATER from a pipe in her bathroom ceiling AND from the pipes in her bathroom sink AND her shower was leaking. This pipe leak happened after the ceiling in the kitchen collapsed and damaged some of my stuff that was being stored in his restaurant. COREY FLEISHER WAS AT THE PROPERTY A FEW DAYS BEFORE PUTTING UP SIGNS IN OUR HALLWAYS AND IF HE WENT INTO THE STORE HE WOULD HAVE SEEN THE DAMAGE HIS LEAKING ROOF CAUSED TO MY BELONGINGS!!! Meanwhile, just a couple days later, COREY FLEISHER BLOWS OFF WANDA DIETZ'S NUMEROUS TEXTS COMPLAINING OF HEARING CONSTANT RUNNING WATER AND DOES NOT SHOW UP TO LOOK AT THE ISSUE TILL FIVE FULL DAYS LATER AND BY THAT TIME MOST ALL OF MY STUFF THAT WAS STORED IN HIS PLACE (WHICH HE WANTED REMOVED) WAS FLOODED OUT AND THERE WAS OVER AN INCH OF WATER ALL OVER THE RESTAURANT.
I discovered I had no running water that Saturday and ran into Wanda on my way downstairs and she said there was a leak and Corey shut the water off to the building. I went back upstairs, grabbed my video camera because I thought I'd catch him doing something wrong (I've been taking pictures and video taping his work for several months now) and I was SHOCKED to find the store was engulfed in over one inch of water. I had lost my keys to the store and had to enter through the back where they left the door open. I entered video taping and made them aware of the fact that I was audio recording and anything they said would be recorded. The grandmother started yelling at me and ordering me to leave. I refused. They ended up leaving for 25 minutes (I suspect they corroborated a story) and when they returned I informed them I was still audio recording. Corey grabbed a ladder from the restaurant's bathroom, that he must have brought with him and placed it under a specific spot. As he began to ascend the ladder I told him he was looking in the wrong spot for the water leak because I've been complaining for months about the kitchen roof leaking and he blew me off. When he got to the top of the ladder he said within 15 second "Look Grandpa, it looks like someone used a nail to poke a hole through the copper pipe!" That's when I called the State Police! The Trooper lady was called by another tenant just a couple hours earlier because Corey Fleisher FORCED his way into her apartment at 112 Mkt St and she was cowering in the corner of the room because she feared him!!! He did not get cited for not giving adequate notice to inspect an apartment to a tenant and forcing his way into a tenants apt. I told the Trooper I have lost my keys to the store for a couple months now and had no way to get into the store. I was worried that this slumlord was implying that "I" got up on top of a ladder with a broken/healing ankle and somehow balanced myself on top of a ladder as I used my good arm to hold a nail and attempted to hammer a nail in a pipe with my freshly operated shoulder!!! ABSURD! Also, I have legal documents for two other cases stored there along with my wedding photography portfolios and some very precious and dear personal belongings that I WOULD HAVE REMOVED IF I WAS GOING TO DO SUCH DAMAGE TO COLLECT INSURANCE?!? FACT OF THE MATTER IS: Fleisher's basement had a MASSIVE water leak that he never did any mold remediation for and I contacted Dept of Health DOH to inspect my apt., the basement, the garages with garbage bags and the other tenants places and common areas. They did not do their job adequately. DOH hires PINNACLE HEALTH to conduct inspections!!! They get GRANT MONIES to do a job that they ALL get paid very handsomely to basically do NOTHING to help the tenants!!! They tell us what we already know and then blow us off without helping us further as they should. The codes enforcement officer is notified along with the slumlord and they don't want to follow up or do further action if the SLUMLORD BLOWS THEIR LETTER OFF or if the CODES ENFORCEMENT OFFICER FAILS TO ENFORCE THE CODES!!!! This is the STATE Department of HEALTH that is getting GRANT monies to HELP tenants. We already KNOW there are problems and can't get the issues resolved so we need the DOH or the Codes Enforcement Officer or the Borough to DO THEIR JOBS but instead, tenants who's babies have LEAD in their BLOOD have to MOVE because the DOH/Pinnacle DO NOTHING! They do not TEST they just state, "Yeah, it looks like lead paint" or "Yep, it smells like mold" we'll tell your landlord. WTF? We're dealing with SLUMLORDS! DOH/Pinnacle wrote me a letter WARNING me NOT TO CONTACT them ANY MORE!!! Not a problem. I will contact news media and an attorney ;-)
I called Newport Borough State Police and I was told Trooper/Cpl Ponneson was REFUSING to investigate my complaint of an odor in the store that smelled like bug poison or poison and that it was making me very sick by just being in there for a minute or two. I had to look for a tool to remove my battery. About a week earlier council member Tammi Halstead was kind enough to come out to the store and my apartment to see first hand that the landlord has NOT fixed the issues in the common areas of the building as her Codes Enforcement Officer Rick Miller told the borough members that it was observed it was done. She also smelled an odor that was like what a company like Terminex would used (bug poison) in the store. This odor is so STRONG at times that I can smell it on the sidewalk, the alley and in my stairwell. I think the landlord is using poison to possibly kill water bugs from the wet basement that he never had completely dried up because the insurance stated they would not cover the damage!!! They are refusing to pay me as well. Arthur Reeher's adjuster, that was sent out by Farmers Fire Insurance Company of York, has done a very substandard and/or incompetant job of assessing what had happened in that store. He didn't bother to inspect the roof leak from inside the restaurant to see where the water stain patterns come from and he never saw the five gallon bucket in the ceiling! He did examine the exterior of the roof which is like looking for a needle in a haystack for the leak! The evidence of where the leak is coming from can be viewed from inside!
OMG!!! Click on this link and find "Farmers Fire Insurance Company" of York Pa!
NUMEROUS VIOLAITIONS!!!
NUMEROUS!!!
http://www.portal.state.pa.us/portal/server.pt/community/industry_activity/9276/archived_market_conduct_actions__d_-_f/1110882
Following article was copied from:
http://insurancenewsnet.com/oarticle/2011/11/22/am-best-revises-outlook-to-negative-for-the-farmers-fire-insurance-company-a-302232.html#.VBSdFn8kzIc
November 22, 2011
A.M. Best Revises Outlook to Negative for The Farmers Fire Insurance Company
Christine LaBelle
Source: A.M. Best Company, Inc.
A.M. Best Co. has revised the outlook to negative from stable and affirmed the financial strength rating of A- (Excellent) and issuer credit rating of “a-” of The Farmers Fire Insurance Company (Farmers Fire) (York, PA).
The revised outlook reflects Farmers Fire’s long-term trend of poor underwriting results and recent surplus deterioration. Over the last two years, earnings have been strained due to severe weather-related events, which include winter storms, hail storms and most recently, Hurricane Irene and Tropical Storm Lee. Additionally, Farmers Fire maintains an elevated expense position that continues to hinder profitability. As a single state writer in Pennsylvania, Farmers Fire’s operating results will continue to be exposed to concentrated weather-related events and competitive market conditions. As a result of the increased storm severity over the last two years, Farmers Fire’s surplus has declined approximately 20%. A.M. Best is concerned that the company’s surplus may deteriorate further if its operating performance does not improve in the near term.
Despite the negative outlook, Farmers Fire’s ratings reflect its favorable risk-adjusted capitalization, strong balance sheet liquidity and long-standing market presence in Pennsylvania. Furthermore, management has undertaken aggressive measures to improve Farmers Fire’s operating results, which include rate increases, re-underwriting initiatives, claims surcharges, new product offerings and changes in employee benefits; however, at this time uncertainty remains regarding the ultimate success of these initiatives.
Negative rating action will occur if there is a continued decline in Farmers Fire’s underwriting profitability and/or considerable deterioration in its capital strength as measured by A.M. Best’s capital model.
Copyright: (c) 2011 A.M. Best Company, Inc.
Following was copied from: http://www.leagletax.com/decision/1988689142AD2d547_1585.xml/FARMERS%20FIRE%20INS.%20CO.%20v.%20BRIGHTON
The letter dated March 12, 1986, sent by the defendants Huffnagle to the defendant Brighton and received by Farmers on March 20, 1986, clearly alerted the latter of all the facts that it needed in order to disclaim based on the particular exclusion in the policy. Under the circumstances, Farmers' delay of over two months in disclaiming was unreasonable as a matter of law (see, Hartford Ins. Co. v County of Nassau, supra, at 1028; Foremost Ins. Co. v Rios, 85 A.D.2d 677, lv denied 55 N.Y.2d 607).
THE ADJUSTER THAT FARMERS FIRE INSURANCE COMPANY OF YORK USED IN REGARD TO MY ACCIDENTS AND THE WATER DAMAGE WAS ARTHUR REEHER COMPANY OF HARRISBURG, PA
Following was copied from: http://www.leagle.com/decision/198137119PaDampC3d352_1307
Defendant's insurance carrier was National Indemnity Company. The carrier assigned the claim for adjustment to Arthur Reeher Company of Harrisburg, Pa. Plaintiffs requested an address from Reeher on December 29, 1980, but received "no reply or assistance."
The petition requested the court to direct that service be made upon either the Secretary of the Commonwealth or upon Reeher. The court, however, directed that service be made upon both.
Reeher has filed preliminary objections raising lack of jurisdiction. It has filed an affidavit in non-agency with the preliminary objections. While we have serious reservations about Reeher's standing to object in this case, we will proceed to dispose of the objections.
Plaintiffs have a clear right to proceed in this forum. The Judicial Code, 42 Pa.C.S.A. §5322(a)(3), gives this court in personam jurisdiction over a non-resident motorist defendant who has caused harm or tortious injury within this county. The act, in §5322(a), gives this court the power to direct the manner of service in a manner reasonably calculated to give actual notice.
While no longer specifically authorized by statute, the practice of service upon the Secretary of
[19 D. & C. 3d 354]
Commonwealth is a constitutionally permissive means of long standing: 75 Pa.C.S.A. §6701, now repealed; Sipe v. Moyers, 353 Pa. 75, 44 A.2d 263 (1945). Reeher is adjusting his claim. Indeed, there is a suggestion that Reeher has actively engaged in this case by pursuing discovery. It is reasonable to assume that if anyone knows where defendant is, it would be Reeher. It is also reasonable to assume that Reeher will communicate with defendant.
Reeher argues that the act, supra, authorizes service outside the Commonwealth and not within the Commonwealth upon an agent. It has filed an affidavit of non-agency. Assuming defendant is a nonresident, service is effectuated even though he is outside the Commonwealth, if service is reasonably calculated to give him actual notice. Reeher was served, not because it was defendant's agent, but because it could reasonably be expected that notice would be transmitted to defendant.
For reasons discussed, the following order is entered.
ORDER
And now, June 23, 1981, the preliminary objections filed by Arthur Reeher Company, Inc. are dismissed.
Following was copied from: https://casetext.com/case/howell-v-maytag/
Maytag will have some limited opportunity to attack plaintiffs' no-alternative-causes theory at trial. The preliminary report of the adjuster for Farmers Mutual reveals some inconclusiveness in the investigation. (Exhibit F to Defendant's Motion to Summary Judgment, Preliminary Report of Arthur Reeher Co., Inc., at 3 ("[plaintiffs' expert] was a bit puzzled by some other areas of severe damage in the kitchen and as discussed wanted a second opinion from another representative from his company")). Maytag will, of course, be able to cross-examine plaintiffs' expert on this issue. This opportunity can not, however, replace an independent investigation to identify alternative causes.4 3
Following was copied from: http://law.justia.com/cases/pennsylvania/supreme-court/1994/535-pa-531-1.html
Pursuant to the trial court's orders to produce documents without regard to the existence of the work product doctrine and privilege, Keystone stamped "confidential" and produced the following document from the Arthur Reeher Company which was addressed to Mr. Sal Liberto, Keystone Claims Manager:
This will supplement our previous report dated 10-10-80 and acknowledge our Harrisburg Branch cc of 10-16-80, and our phone conversation of 10-20-80 along with serving as our closing report. As you have indicated in our telephone conversation of 10-20-80 that Mary Miller (mother of the deceased insured) would be entitled to survivors benefits which according to your Philadelphia office would involve a monthly check of $135.00 until the $5,000 survivors benefit is exhausted [sic] we have notified Mrs. Miller that she will be receiving monthly payments shortly in that regard. In addition, we made no mention to Mrs. Miller as discussed pertaining to possible benefits for lost wages and will merely await developments in that regard.
In light of the above, our activity in the York area would now appear to be complete while our Harrisburg Branch follows further in their investigation and handling. Thereofre, [sic] we are taking liberty of retirring [sic] our file and submitting our service invoice for your consideration.
We again thank you. . . . (R. 170a).
This letter dated October 21, 1980, indicated that the adjuster knew of the estate's potential entitlement to work loss benefits by reason of recent court decisions but that the adjuster made no mention of "possible" wage loss benefits to Miller and would "await developments in that regard".[2] The other exhibit was a Keystone chart showing the various payments made to plaintiff, including a final payment of survivor's loss benefits on April 30, 1982.
Following was copied from: http://law.justia.com/cases/federal/district-courts/FSupp/322/798/1880883/
Error is also alleged to have occurred in the admission of certain testimony of Arthur P. Reeher pertaining to the disposition of the Buckhorn salvage check. The defendants contention that Reeher's testimony relating to the forwarding of the check to defendant Thompson (Tr., p. 1020) was not tied in to other evidence is without merit since, contrary to the statement in their brief, the policy was introduced into evidence, as GX-78. Further, the linking through other evidence of defendants Wolfson and Emmons with the policy involved was, in the opinion of the Court, sufficient to tie this in. (See Tr., pp. 335, 346, 360, 365). Therefore the admission of this testimony does not warrant the granting of a new trial.
After being blown off numerous times without so much as a notice that he wasn't going to show up to do or finish the sub-standard work he and his grandfather Ronald Fleisher were doing, I began to document via text my concerns and complaints to no avail. The "Landlord Texts" link to the left pretty much tells the damning story of what I've gone through due to this landlord's negligent actions.
Within less than a month I began to make complaints to the Newport Borough's Secretary Pat Bowers. The next month I gave her digital images of the conditions at my apartment to give to the Codes Officer Rick Miller but nothing was done. I even spoke to Rick Miller at length and going into great detail (2-3 times) about the issues at my building to no avail.
November 9, 2013 I slipped and fell on the 9ml plastic sheeting this slumlord put down as FLOORING in the second bedroom! An ambulance drove me to the ER and I was told I had a bruised rotator cuff. When I fell, I couldn't move for 20 minutes and I was crying out loud the entire time from the excrutiating pain I was in. Months later after complaining to several doctors, I demanded an MRI (Pinnacle Health) it turns out I had TORN a muscle off of the bone in my rotator cuff and I am scheduled for surgery this week. ***Update*** Torn muscle, tendons and ligaments!
December, 13, 2013 I fell down the hazardous, damaged, unmaintained stairs. I dislocated my ankle and broke two bones in my ankle and shattered some bone as well. Doctor Frankeny stated it looked like Corn Flakes!
To state that I am PISSED would be an understatement!
Even after being so severely injured it was like pulling teeth to get Newport Borough employees/officials to do their job! I ended up attending a meeting and brought pictures and testimony (which I will post an audio recording off) and the Borough President Gerald Robonson was incredibly gruff and rude to me. Two weeks later they had not done anything they were supposed to do. They did not act immediately and they had not hand delivered, sent certified or posted in the newspaper a notice to the slumlords Corey & Stephanie Fleisher that they were wanting to inspect the premises.
Gerald Robinson called me and told me he couldn't get a hold of Corey and I told him he wasn't going to be able to over the phone because his voice mail is full and that according to their codes he would have to serve him as I mentioned above. Gerald Robonson was also stating he had NOT HAD TIME TO LOOK OVER THE CODES for Property Maintenance or Dangerous Buildings! Are you kidding me?!? He is the president and he should have these memorized!
I attended another meeting within 2 weeks and I overheard one of the old farts say "Oh gosh" or Oh God!" Really?!?
I waited patiently, they went on with their business and was going to blow me off but I spoke up and handed Pat Bowers a letter addressing the lack of action on their part.
I ended up going to court that same week in February because the slumlord tried to evict me as a retaliatory action to me handing him a list of issues in a note stating that I was withholding rent beginning of July. The DJ judge had to brush up on "Warrant of Habitability" laws and 4 days later deemed that I did not owe $525.00 a month rent but rather only $325.00. I was not happy with the outcome and appealed to the Perry County Court House. The landlord's attorney turned around and filed a suit against me.
I have yet to find a lawyer that will represent me against this landlord who has a history and bad reputation of being a slumlord not just in Newport but in Wilkes-Barre as well. I wouldn't be surprised if the properties he owns in Duncannon and Millerstown are just as neglected, filthy, unsanitary and unsafe as the aforementioned ones.
The landlord was ordered to put in smoke alarms but played games with me. First he didn't give me adequate notice (less than 2 hours) and I wasn't home. Then he harassed me by texting me early in the morning (7:07am), which woke me up, knowing that I don't sleep well and he is not to bother me before 11am.
Because of the unsanitary conditions in the hallways and stairs, both Corey and Ronald Fleisher are aware of the fact that they have to take their shoes off inside my home on the cardboard in front of my door. Corey complied but his grandfather refused and he took his shoes off in the hallway even though I asked him TWO or THREE times not to take them off in the hallway because there was GARBAGE JUICE all over the hallway and he'd get it on his socks! He did it anyway and then with a defiant look and an evil glint in his eyes he proceeded to walk towards my doorway and barrel through me as I was standing in front of the doorway blocking his entrance at this point. I wanted to tell him he could stand on the cardboard but not walk on my flooring with his now soiled dirty socks but I did not have the chance because he puffed up his chest, pulled his shoulders back and began to barrel his way in and came within an inch of my chest. I was forced to take a step back, I was in an air-boot cast, and I felt pain in my ankle from having to step backwards as I did to avoid contact with his chest. I just had surgery. I snapped and began to yell at him and put my left hand on his chest as I held onto the door knob to stabilize myself and I gently but firmly pushed him out of my apartment as I screamed "How dare you barrel into my apartment like that?! I have a broken ankle! Get the fuck out of my apartment! What kind of man are you?!?"
He took about two steps back and out of my apartment and raised his right hand up to his chin level, with his hand balled up in a fist in a gesture that he was going to punch me in my face! This is an 82 year old ABUSIVE man!
I called Newport State Police, there were 4 other witnesses and to date I have not heard back from them though I've escalated the issue from Trooper Fisher to Sgt. Wirth. No smoke alarms were installed.
After this incident Corey Fleisher posted a bogus letter on my door stating I was preventing him from entering the premises to install the smoke alarms. He stated he would install them on Monday unless he had to work late in which case he would install them on Tuesday. He also wrote that if I prevented him from installing them on Monday or Tuesday that he would then have the right to key into my apartment! I had a friend waiting on Monday to give Ronald Fleisher a No Trespass and Cease and Desist letter but he never showed up. I texted him asking if he was coming but he did not respond. He didn't show up Tuesday either! I texted him if he was coming but he blew me off again. I complained to the State Police that I was in FEAR of this slumlord entering my apartment whenever he wanted to, whether I was in the shower or sleeping or etc., but they stated they couldn't do anything unless he attempted to enter! Meanwhile I have to live in FEAR?!? Unbelievable!!!
I then comprised a Cease and Desist and No Trespass letter for Corey Fleisher as well and posted it on my front door and mailed it certified to the both of them.
Meanwhile Fleisher's attorney sends me this bogus letter stating that I had to pay $20.00 a day for using the building at 31 N. 2nd to store my belongings (which I was told to put there until my apartment at 29 was fixed up)! This is illegal to do. Raising rent after a tenant files a complaint or wins a lawsuit is illegal for 6 months and is considered a retaliatory action.
I didn't bother responding. I appealed the DJ's decision because after everything I've gone through and the conditions I've been forced to live in and the actions and harassment I've had to endure because of the landlord, I'm out for blood! Figuratively speaking of course :-)
I will add to my testimony/story shortly. There is so much more to this story than I have time to post prior to surgery. Right now I can type without irritating my torn muscle. It's other things I can't do, like lift things, cut food, shampoo my hair, sleep or lay in bed without MUCH PAIN! Sitting, standing lessens the pain. My pain has been intolerable for over two months now and this lack of sleep is severely effecting me. I'm also severely depressed because of the malicious and negligent actions this landlord has brought upon me. He has the seemingly mentally challenged and/or drugged tenants verbally accosting me and harassing me.
I wish I could move but I have no money to pay for helpers to pack two U-Hauls and unload it all and no money for rent and deposit elsewhere. I have more than two cats and that makes it very difficult to find a place even though they are very well behaved.
Me and my cats have been stuck in one bedroom for over 4 months and are going stir crazy :-( The room is the cleanest in the apartment. Freshly painted and cleaned and the flooring was put in by me! It's off white colored carpeting and it is still clean and sanitary! Even so, people don't want to rent to a tenant with more than 2 pets :-(
***Update*** I have not been able to post anything because I am being mentally assaulted with nearly weekly or biweekly issues which I blame the slumlord for. There is a nasty foul sewage odor that permeates my apt throughout the day and Newport Borough has done nothing to look into this. My stuff in storage was flooded out by TWO water issues. The first one was from the roof leak in the kitchen that the landlord knew was an issue but he had me put my stuff in storage there anyway. There is a 5 gallon bucket ontop of 3/4" paneling sitting ontop of the drop ceiling collecting water and overflowing!!! This ended up leaking all the way into the front of the restaurant/store from the back of the kitchen and the ceiling collapsed in the kitchen. NEXT, the 2nd floor tenant Wanda Dietz texted Corey Fleisher (I have photographs of their texts to each other) and she told him she was hearing CONSTANTLY RUNNING WATER from a pipe in her bathroom ceiling AND from the pipes in her bathroom sink AND her shower was leaking. This pipe leak happened after the ceiling in the kitchen collapsed and damaged some of my stuff that was being stored in his restaurant. COREY FLEISHER WAS AT THE PROPERTY A FEW DAYS BEFORE PUTTING UP SIGNS IN OUR HALLWAYS AND IF HE WENT INTO THE STORE HE WOULD HAVE SEEN THE DAMAGE HIS LEAKING ROOF CAUSED TO MY BELONGINGS!!! Meanwhile, just a couple days later, COREY FLEISHER BLOWS OFF WANDA DIETZ'S NUMEROUS TEXTS COMPLAINING OF HEARING CONSTANT RUNNING WATER AND DOES NOT SHOW UP TO LOOK AT THE ISSUE TILL FIVE FULL DAYS LATER AND BY THAT TIME MOST ALL OF MY STUFF THAT WAS STORED IN HIS PLACE (WHICH HE WANTED REMOVED) WAS FLOODED OUT AND THERE WAS OVER AN INCH OF WATER ALL OVER THE RESTAURANT.
I discovered I had no running water that Saturday and ran into Wanda on my way downstairs and she said there was a leak and Corey shut the water off to the building. I went back upstairs, grabbed my video camera because I thought I'd catch him doing something wrong (I've been taking pictures and video taping his work for several months now) and I was SHOCKED to find the store was engulfed in over one inch of water. I had lost my keys to the store and had to enter through the back where they left the door open. I entered video taping and made them aware of the fact that I was audio recording and anything they said would be recorded. The grandmother started yelling at me and ordering me to leave. I refused. They ended up leaving for 25 minutes (I suspect they corroborated a story) and when they returned I informed them I was still audio recording. Corey grabbed a ladder from the restaurant's bathroom, that he must have brought with him and placed it under a specific spot. As he began to ascend the ladder I told him he was looking in the wrong spot for the water leak because I've been complaining for months about the kitchen roof leaking and he blew me off. When he got to the top of the ladder he said within 15 second "Look Grandpa, it looks like someone used a nail to poke a hole through the copper pipe!" That's when I called the State Police! The Trooper lady was called by another tenant just a couple hours earlier because Corey Fleisher FORCED his way into her apartment at 112 Mkt St and she was cowering in the corner of the room because she feared him!!! He did not get cited for not giving adequate notice to inspect an apartment to a tenant and forcing his way into a tenants apt. I told the Trooper I have lost my keys to the store for a couple months now and had no way to get into the store. I was worried that this slumlord was implying that "I" got up on top of a ladder with a broken/healing ankle and somehow balanced myself on top of a ladder as I used my good arm to hold a nail and attempted to hammer a nail in a pipe with my freshly operated shoulder!!! ABSURD! Also, I have legal documents for two other cases stored there along with my wedding photography portfolios and some very precious and dear personal belongings that I WOULD HAVE REMOVED IF I WAS GOING TO DO SUCH DAMAGE TO COLLECT INSURANCE?!? FACT OF THE MATTER IS: Fleisher's basement had a MASSIVE water leak that he never did any mold remediation for and I contacted Dept of Health DOH to inspect my apt., the basement, the garages with garbage bags and the other tenants places and common areas. They did not do their job adequately. DOH hires PINNACLE HEALTH to conduct inspections!!! They get GRANT MONIES to do a job that they ALL get paid very handsomely to basically do NOTHING to help the tenants!!! They tell us what we already know and then blow us off without helping us further as they should. The codes enforcement officer is notified along with the slumlord and they don't want to follow up or do further action if the SLUMLORD BLOWS THEIR LETTER OFF or if the CODES ENFORCEMENT OFFICER FAILS TO ENFORCE THE CODES!!!! This is the STATE Department of HEALTH that is getting GRANT monies to HELP tenants. We already KNOW there are problems and can't get the issues resolved so we need the DOH or the Codes Enforcement Officer or the Borough to DO THEIR JOBS but instead, tenants who's babies have LEAD in their BLOOD have to MOVE because the DOH/Pinnacle DO NOTHING! They do not TEST they just state, "Yeah, it looks like lead paint" or "Yep, it smells like mold" we'll tell your landlord. WTF? We're dealing with SLUMLORDS! DOH/Pinnacle wrote me a letter WARNING me NOT TO CONTACT them ANY MORE!!! Not a problem. I will contact news media and an attorney ;-)
I called Newport Borough State Police and I was told Trooper/Cpl Ponneson was REFUSING to investigate my complaint of an odor in the store that smelled like bug poison or poison and that it was making me very sick by just being in there for a minute or two. I had to look for a tool to remove my battery. About a week earlier council member Tammi Halstead was kind enough to come out to the store and my apartment to see first hand that the landlord has NOT fixed the issues in the common areas of the building as her Codes Enforcement Officer Rick Miller told the borough members that it was observed it was done. She also smelled an odor that was like what a company like Terminex would used (bug poison) in the store. This odor is so STRONG at times that I can smell it on the sidewalk, the alley and in my stairwell. I think the landlord is using poison to possibly kill water bugs from the wet basement that he never had completely dried up because the insurance stated they would not cover the damage!!! They are refusing to pay me as well. Arthur Reeher's adjuster, that was sent out by Farmers Fire Insurance Company of York, has done a very substandard and/or incompetant job of assessing what had happened in that store. He didn't bother to inspect the roof leak from inside the restaurant to see where the water stain patterns come from and he never saw the five gallon bucket in the ceiling! He did examine the exterior of the roof which is like looking for a needle in a haystack for the leak! The evidence of where the leak is coming from can be viewed from inside!
OMG!!! Click on this link and find "Farmers Fire Insurance Company" of York Pa!
NUMEROUS VIOLAITIONS!!!
NUMEROUS!!!
http://www.portal.state.pa.us/portal/server.pt/community/industry_activity/9276/archived_market_conduct_actions__d_-_f/1110882
Following article was copied from:
http://insurancenewsnet.com/oarticle/2011/11/22/am-best-revises-outlook-to-negative-for-the-farmers-fire-insurance-company-a-302232.html#.VBSdFn8kzIc
November 22, 2011
A.M. Best Revises Outlook to Negative for The Farmers Fire Insurance Company
Christine LaBelle
Source: A.M. Best Company, Inc.
A.M. Best Co. has revised the outlook to negative from stable and affirmed the financial strength rating of A- (Excellent) and issuer credit rating of “a-” of The Farmers Fire Insurance Company (Farmers Fire) (York, PA).
The revised outlook reflects Farmers Fire’s long-term trend of poor underwriting results and recent surplus deterioration. Over the last two years, earnings have been strained due to severe weather-related events, which include winter storms, hail storms and most recently, Hurricane Irene and Tropical Storm Lee. Additionally, Farmers Fire maintains an elevated expense position that continues to hinder profitability. As a single state writer in Pennsylvania, Farmers Fire’s operating results will continue to be exposed to concentrated weather-related events and competitive market conditions. As a result of the increased storm severity over the last two years, Farmers Fire’s surplus has declined approximately 20%. A.M. Best is concerned that the company’s surplus may deteriorate further if its operating performance does not improve in the near term.
Despite the negative outlook, Farmers Fire’s ratings reflect its favorable risk-adjusted capitalization, strong balance sheet liquidity and long-standing market presence in Pennsylvania. Furthermore, management has undertaken aggressive measures to improve Farmers Fire’s operating results, which include rate increases, re-underwriting initiatives, claims surcharges, new product offerings and changes in employee benefits; however, at this time uncertainty remains regarding the ultimate success of these initiatives.
Negative rating action will occur if there is a continued decline in Farmers Fire’s underwriting profitability and/or considerable deterioration in its capital strength as measured by A.M. Best’s capital model.
Copyright: (c) 2011 A.M. Best Company, Inc.
Following was copied from: http://www.leagletax.com/decision/1988689142AD2d547_1585.xml/FARMERS%20FIRE%20INS.%20CO.%20v.%20BRIGHTON
The letter dated March 12, 1986, sent by the defendants Huffnagle to the defendant Brighton and received by Farmers on March 20, 1986, clearly alerted the latter of all the facts that it needed in order to disclaim based on the particular exclusion in the policy. Under the circumstances, Farmers' delay of over two months in disclaiming was unreasonable as a matter of law (see, Hartford Ins. Co. v County of Nassau, supra, at 1028; Foremost Ins. Co. v Rios, 85 A.D.2d 677, lv denied 55 N.Y.2d 607).
THE ADJUSTER THAT FARMERS FIRE INSURANCE COMPANY OF YORK USED IN REGARD TO MY ACCIDENTS AND THE WATER DAMAGE WAS ARTHUR REEHER COMPANY OF HARRISBURG, PA
Following was copied from: http://www.leagle.com/decision/198137119PaDampC3d352_1307
Defendant's insurance carrier was National Indemnity Company. The carrier assigned the claim for adjustment to Arthur Reeher Company of Harrisburg, Pa. Plaintiffs requested an address from Reeher on December 29, 1980, but received "no reply or assistance."
The petition requested the court to direct that service be made upon either the Secretary of the Commonwealth or upon Reeher. The court, however, directed that service be made upon both.
Reeher has filed preliminary objections raising lack of jurisdiction. It has filed an affidavit in non-agency with the preliminary objections. While we have serious reservations about Reeher's standing to object in this case, we will proceed to dispose of the objections.
Plaintiffs have a clear right to proceed in this forum. The Judicial Code, 42 Pa.C.S.A. §5322(a)(3), gives this court in personam jurisdiction over a non-resident motorist defendant who has caused harm or tortious injury within this county. The act, in §5322(a), gives this court the power to direct the manner of service in a manner reasonably calculated to give actual notice.
While no longer specifically authorized by statute, the practice of service upon the Secretary of
[19 D. & C. 3d 354]
Commonwealth is a constitutionally permissive means of long standing: 75 Pa.C.S.A. §6701, now repealed; Sipe v. Moyers, 353 Pa. 75, 44 A.2d 263 (1945). Reeher is adjusting his claim. Indeed, there is a suggestion that Reeher has actively engaged in this case by pursuing discovery. It is reasonable to assume that if anyone knows where defendant is, it would be Reeher. It is also reasonable to assume that Reeher will communicate with defendant.
Reeher argues that the act, supra, authorizes service outside the Commonwealth and not within the Commonwealth upon an agent. It has filed an affidavit of non-agency. Assuming defendant is a nonresident, service is effectuated even though he is outside the Commonwealth, if service is reasonably calculated to give him actual notice. Reeher was served, not because it was defendant's agent, but because it could reasonably be expected that notice would be transmitted to defendant.
For reasons discussed, the following order is entered.
ORDER
And now, June 23, 1981, the preliminary objections filed by Arthur Reeher Company, Inc. are dismissed.
Following was copied from: https://casetext.com/case/howell-v-maytag/
Maytag will have some limited opportunity to attack plaintiffs' no-alternative-causes theory at trial. The preliminary report of the adjuster for Farmers Mutual reveals some inconclusiveness in the investigation. (Exhibit F to Defendant's Motion to Summary Judgment, Preliminary Report of Arthur Reeher Co., Inc., at 3 ("[plaintiffs' expert] was a bit puzzled by some other areas of severe damage in the kitchen and as discussed wanted a second opinion from another representative from his company")). Maytag will, of course, be able to cross-examine plaintiffs' expert on this issue. This opportunity can not, however, replace an independent investigation to identify alternative causes.4 3
Following was copied from: http://law.justia.com/cases/pennsylvania/supreme-court/1994/535-pa-531-1.html
Pursuant to the trial court's orders to produce documents without regard to the existence of the work product doctrine and privilege, Keystone stamped "confidential" and produced the following document from the Arthur Reeher Company which was addressed to Mr. Sal Liberto, Keystone Claims Manager:
This will supplement our previous report dated 10-10-80 and acknowledge our Harrisburg Branch cc of 10-16-80, and our phone conversation of 10-20-80 along with serving as our closing report. As you have indicated in our telephone conversation of 10-20-80 that Mary Miller (mother of the deceased insured) would be entitled to survivors benefits which according to your Philadelphia office would involve a monthly check of $135.00 until the $5,000 survivors benefit is exhausted [sic] we have notified Mrs. Miller that she will be receiving monthly payments shortly in that regard. In addition, we made no mention to Mrs. Miller as discussed pertaining to possible benefits for lost wages and will merely await developments in that regard.
In light of the above, our activity in the York area would now appear to be complete while our Harrisburg Branch follows further in their investigation and handling. Thereofre, [sic] we are taking liberty of retirring [sic] our file and submitting our service invoice for your consideration.
We again thank you. . . . (R. 170a).
This letter dated October 21, 1980, indicated that the adjuster knew of the estate's potential entitlement to work loss benefits by reason of recent court decisions but that the adjuster made no mention of "possible" wage loss benefits to Miller and would "await developments in that regard".[2] The other exhibit was a Keystone chart showing the various payments made to plaintiff, including a final payment of survivor's loss benefits on April 30, 1982.
Following was copied from: http://law.justia.com/cases/federal/district-courts/FSupp/322/798/1880883/
Error is also alleged to have occurred in the admission of certain testimony of Arthur P. Reeher pertaining to the disposition of the Buckhorn salvage check. The defendants contention that Reeher's testimony relating to the forwarding of the check to defendant Thompson (Tr., p. 1020) was not tied in to other evidence is without merit since, contrary to the statement in their brief, the policy was introduced into evidence, as GX-78. Further, the linking through other evidence of defendants Wolfson and Emmons with the policy involved was, in the opinion of the Court, sufficient to tie this in. (See Tr., pp. 335, 346, 360, 365). Therefore the admission of this testimony does not warrant the granting of a new trial.