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Home My WebLink About96-04838 ~.\~ ~~~ Aloh.rd J, Plero. Court Admlnlllralor OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthou~o Squoro , COfllslo, PA 17013 Phono (717) 240,6200 (717) 697.0371 (717) 63l-7286 (717) ~40'6462 FAX 'I'.ryn N, DIMOn Alllllant Court AdmlnlUlralor MEMORANDUM TOI FROM I Honorable HlIJ'old E, Sheely, President Judge ?I U. --:;:;-::: - Taryn N, Dixon. Assistant Court Administrator ,~/ ' DATEI August 27,1997 IN REI Piezo Crystal Company v, H,8, McClure Company. Inc, I contacted the offices of both attomeys involved in this case to find out why no one showed up for the pre-trial conference. The defense attomey. D. Holbrook Duer, Informed me that the case had settled, and was unaware that the plaintiff's attorney had not informed the Court, Douglas Marcello was out ofthc ol1ice, and his secretary was unable to locate an InformBtlve letter in any computer file, I communicated your request for a faxed letter of explanation, and If we hear anything sooner, I will let you know, / / 'I 1 /) . I / , /..), /.I f'.. I I!, ,. II: 1/\', ,"1 "lvl,lt -- j~ ;/ J . / /, " I 1.:: ~ "~,I !y, III1 " ", I , " /. ..,1/ ~'i .' /')\ t-' I f i ,.I, , " ,." " 1/ / I " ~ '/ /> 'Ii I), ) l- I , ,', (' i /,,' I , /tl , I, , , ,_' I \ ) ,- ..' ... , PIIZO CRYSTAL COMPANY, IN Tal COURT 0' CONNON PLIAS, I CUNIlIRLAND, COUNTY, PA Plaintiff, I rife 1/'lM' (t (' t)..j!.... I', NO.1 , v. I I CIVIL ACTION . LAW H.B. MaCLURI COMPANY, INC., I I Derendfonl: . I JURY TRIAL DIMANDBD' NOTICB YOU HAVI BIBN SUlD 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 this Court your defenses or objections to the claims set forth against you, You are warn~d 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 ONCI. IP YOU DO NOT HAV. A LAWYER OR CANNOT AFFORD ONE, GO TO OR TIUPHONE TRI OFFICI SIT FORTH BELOW TO FIND OUT WHIRE YOU CAN GIT LIGAL HBLP. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 PIIZO CRYSTAL COMPANY, I IN THI COURT or COMMON PLIAS, I CUMBIRLAND, COUNTY, PA Plaintiff, I I NO.1 v. I I CIVIL ACTION . LAW H.B. MaCLURI COMPANY, INC. , I I Defendant. I JURY TRIAL DIMANDID NOTICIA LI RAN DIMANDO A UITlD EN LA CORTI. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fech~ de la demands y la notificacion, Usted debe preoentar una apariencia escrito e en persona 0 por obogado y archivar en la corte en forma escrita sus defeneas 0 sus objectiones alas demandas en contra de su persona, Sea avisado que ei usted no Be defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviao 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedadeB 0 ostroB derechos import antes para usted, LLEVE BITA DBMANDA A UN OBAGADO IMMBDIATAMBNTB. II NO TIBNB ABOGADO 0 II NO TIBNB BL DINBRO IUl"ICIBNTB DE PAGAR TAL IBRVICIO, VAYA BN PBRIONA OR LLAMB POR TBLBl"ONO A LA 01"ICINA CUYA DIRBCCION IB BNCUBNTRA BICRITA ABAJO PARA AVBRIGUAR DONDB IB PUBDB CONIBGUIR ASISTBNCIA LBGAL. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 PIIZO CRYSTAL COMPANY, I IN THI COURT 0' CONNON PLIAS, I CUNBIRLAND, COUNTY, PA Plaintiff, I ] ,~ I NO.1 " (. , 'I f l'v CII,"; P,.... v. I I CIVIL ACTION - LAW H.B. MGCLURI COMPANY, INC. , I I Defendant. I JURY TRIAL DBMANDBD COMPLAINT 1. Plaintiff, Piezo Crystal Company, is a Pennsylvania corporation with its principal place of businees at 100 K Street, Carlisle, PA 17103, :I. Defendant, H,B, McClure Company, Inc" is a corporation with its principal place of business at 1515 Derry Street, Harrisburg, PA 17105-1745, 3. Defendant, H, B, McClure Company, Inc" is in the businese of servicing and repairing HVAC systems and holds itself forth as being competent and proficient in the repair and maintenance of HVAC systems, 4. On or about August 17, 1990, Plaintiff and Defendant entered into a contract for preventative maintenance to be performed by Defendant, a copy of which is attached hereto and made a part hereof ae, "Exhibit A," 5. The purpose of the preventative maintenance contract was to provide for ongoing and systematic inspection, repair and maintenance of various systems of Plaintiff, to provide for the continuous workings of said equipment and to avoid any interruption of production by Plaintiff. S. On May 30, 1995, Plaintiff, Piezo Crystal Company determined that there was a problem with the chiller units an contacted Defendant to make repairs to said units, 7. Plaintiff, Piezo Crystal Company relied on the skill, knowledge, expertise, and workmanship ot Defendant to properly inspect and repair the chiller unit before the problem arose on May 30,1995, 8. Upon the arrival of agents, employees or representatives of Defendant at the Piezo Crystal Company plant, Piezo employees informed Defendant's employees what the status of the chillers was, what appeared to be the problem, and what the Piezo employees had done, and the results thereof, 9. Employees of Defendant, H,B. McClure Company, Inc, proceeded to attempt to repair the chiller unit, 10. In the process of attempting to repair the chiller unit, employees of H,B, McClure caused a fire to arise in one of the units which gave rise to smoke and soot, 11. The smoke emanating from the fire caused by Defendant's employees contaminated the product which had been produced by Plaintiff, and ignited combustibles in the area, 12. As a result of the fire, Piezo Crystal Company suffered damage to the chiller, to its product, and to its facilities, - 2 - 13. As a result of the fire, Plaintiff suffered the loss of busineas income. , 14. As a result of the fire, Plaintiff was forced to incur additional expenses to I'esume operations, 15. As a result of th~ fire, Plaintiff was forced to repair and clean much of the facilities and/or replace many elements of the facility, COUNT I I NEGLIGENCE PlaZO CRYSTAL ~~MPANY V. H.B. McCLURB COMPANY 16. Plaintif.f incorporates paragraphs 1 through 15, as set forth in full and made a part hereof, 17. The damages as set forth above as a result of the negligence, recklessness or carelessness of the agents, employees, and representatives of H,B, McClure Compsny as set forth in the following f A. Failing to properly and safely inspect and test the chiller prior to commencement of repairs; b. Activating the chiller after being told of the status and the findings of the Piezo employees without further investigating the condition of the chiller; c. Failing to use proper skill in the inspection testing and repair of the chiller; d. Failing to follow proper procedure for performing an insulation resistance check with a 500 or 1,000 volt megger prior to energizing a circuit that had been tripped on at least two occasions; - 3 . WHIRlrORI, Plaintiff requests this HonQrable Court to enter judgment in its favor in the amount of and in excess of $25,000,00 with costs and other relief as the Court deems proper, ~ III BREACH OP CONTRASf PIIZO CRYSTAL COMPANY V. H.B. McCLURE COMPANY 19. Plaintiff incorporates paragraphs 1 through 19, as if set forth in full herein and mad~ a part hereof, 20. Defendant contracted with Plaintiff to repair the chiller units on May 30, 1995, 21. Plaintiff breached this contract to repair the chiller units, resulting in the damages as set forth above. WHBRBPOR!, Plaintiff requests this Honorable Court to enter judgment in its favor in the amount of and in excess of $25,000,00 with costs and other relief as the Ccurt deems proper, COUNT IIII BRBACH OP WARRANTY PIBZO CRYSTAL COMPANY V. H.B. McCLURE COMPANY 22. Plaintiff incorporates paragraphs 1 through 21, as if set forth in full herein and made a part hereof. 23. Upon agreeing to repair the chiller units, H,B. McClure impliedly warranted that it would do so in a workmanlike manner, 24. H,B, McClure breached its implied warranty in pe~forming the repair work in a workmanlike manner, including but not limited to the following! - 5 - .. Failing to properly and safely in8pect and test the chiller j,)dor to commencement of repairs, b. Activating the chiller after being told of the status and the findings of the Piezo employees without further investigating the condition of the chiller, c. Failing to use proper skill in the inspection testing and repair of the chiller, cl, Failing to follow proper procedure for performing an insulation resistance check with a 500 or 1,000 volt megger prior to energizing a circuit that had been tripped on at; least two occasions, .. Failing to order and replace a missing junction box cover, f. Failing to inspect the wiring inside the control panel, and/or megger the motor wiring from the control cabinet through and including the motor wiring, and g. Failing to investigate why the circuit breaker tripped even when the control wiring was not energized, 25. As a result of H, B, McClure Company's breach of its implied warranty and proper workmanship, Piezo CrYdtal Company suffered the losees and damages set forth above, WHIRBPORI, Plaintiff requests this Honorable Court to enter judgment in its favor in the amount of and in excess of $25,000.00 with costs and other relief as the Court deems proper, - 6 - COUNT VI BR,ACH OF W~RANTY ~I.ZO CRYSTAL COMPANY V. H.B. MeCLOR. COMPANY 30. Plaintiff incorporates paragraphs 1 through 29 as if set fo~th in full herein and made a part hereof, 31. In contracting to perf.orm the preventative service and maintenance, H, B, McClure Company had a warranty to do so in a workman~ike manner, 32. H,B, McClure Company breached its implied warranty that it would provide preventative maintenance and service as follows~ a. Failing to properly test and inspect the chiller units; b. Failing to inspect and test the chiller units on the frequency required; c. Failing to insure their safe and proper operation; and d. Failing to provide the service and maintenance to insure the ongoing operation of the chiller units so that they would not fail and cause damage to or interruption of the operations of Plaintiff, 33. The breach of the implied warranty to perform the preventative maintenance and service in a workmanlike manner resulted in losses and damages to Plaintiff, Piezo Crystal Company as set forth above, WHBRBPORB, Plaintiff requests this Honorable Court to enter judgment in its favor in the amount of and in excess of $25,000,00 with costs and other relief as the Court deems proper. - 8 - I' , " Exhibit A I , , I , I, ! " , 'r! I , , I I , , , " , , " ;, I " " " .' , " , " " , , , , I , i'l I , I , I. " , I I , " i' il 1" " " " , , " I, I, " I J, " , , , , " , , 'M"" b.mllclurB compang '/,7/ / , / ' P.O, ~ox 1745/1~15 C.rry 5tr.at, Harrtaburg, Pannsylvanla 171051 ralaphona(717) 232~2B' FAX (717) 234-3730 Augu.c 17, UfO 10 C..y...l Company K lie..... Uala, Pa, 17013 I Ron Z.ll.... . Hr, Z.ll...., II plu..i'eo propo.. t.n."c. p,'-r.og..am tor i .h. tollowing .p.citic..ion. and ..eim.e.. eh. WAC .quipm.ne in your building. tor . aah.dul.d th. l'r~g"lJ1l will inalude tour (4) aompl.t. inap.ceiona ot eh. .quipmane along vieh .ighe (8) .ddi.ion.l .~ tilta.. chang.s. AJ... tilea..a will b. auppli.d b.y oeh.n. ALe.r compl.eion at ehe tun inap.cCion., and tile.r aiz.a .r. r.cord.d, w. will tallow up with an .dd.ndum eo chia propo..l to .upply .ir tile.rs. N.c....ry drive b.lea will b. provid.d by u. and will be changed onca p.r ye.r. th. program will .1.0 includ. chamlc.l er..tm.ne at th. eow.r wae.r including eov.r .e.l. .nd corro.ian inhibieor, microbiocid. er.atm.ne, eow.r diap....ane, and clo..d loop cor..o.ion inhibieor. Th. .~i.eing wae.r er.atm.ne .quipmene will b. u..d tor ~ia purpoa.. Pl.... a~' eh. ..parae. encloa.d propo..l tor a n.w chemical t.ed pump and conduceiviey conerol packag. ahould the .~isting .quipm."e p..ove taulty and b..yond repair. eh. aee.ch.d schedule tor a.rvic.s to b. pertormed during e.ch monthly or tile.r chang., 'or cl.a.J.ticaeion, pleas. .a. the .ee.ched .qulpm.ne lise, Only ehe aquipm.ne lise.d will be conaidered includ.d in ehia program and will r.c.iva only eh. ":'Vic.. indicated. Any r.p.ira d.....d n.c.aa...y .r. not includ.d in thia coner.ce. It.p.ua vill b. discua.ed wieh you b.tor. any work ia p...tormed and will .ieh.r be quoeed or pertormed on a eima and m.ea..i.l b.sis, This program is .tt.ctiv. .s ot ehe signing at Chis coneract wieh ehe tirse compleee insp.ceion tentaeively sch.duled tor Octob.r, 1990. Th. cone...ce will .utomecic.lly r.ne" on ehe anniversary d.ee. Canc.ll.eion may b. ~'de by either parey wieh ehirey (30) d.ys writeen noeice. The .nnual charg. tor ehe.e s.rvice. ah.ll be $7,236.00 p.r year. R&miet.nc. at this amoune co b. made in twelve (12) equal inseallmenea ot $603,00, Inscallmenea ~ill be invoiced tollowing e.ch inspeceion/tileer change ~ieh p.ymene due in e.n (10) days, I, , " ~ e\ g '1/ ." 0" \n f.<: ~. (., ' '9 ~l!::l l': cf:, ~ ~ j . - ~. fl~ ,: I "" ~,. \ It! ~ ~( . . . J:)' ~,-. I'() I ,. rt' -- f: ,,., I 2~ -::J , ~ '. ., ''" i . ~ f':-i ~ fLltl V I'il j ,i., "-.) , "'-l .. .~ ... ~ lit.; '.,11.... '-.J ~ I..l,t ,~, t rJ, 'J' U r'\..l ~ . ' 2i~~ - " " ,', I J,' " " ", " ., 'I l. , ,I;' , I, , , 1,1 ',.... r.; ..# g ~ f ') (Q ) - I l!l ~ '~ , ,,! 1 I, ~ ~. ~j '" " " ., " . , " lJHlJfjl.njp Defendant lacks information or knowledge sufficient to form a balief as to the truth of the averments contained in thi8 paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. 8, Denied, Piezo informed an H,B. McClure employee that tho 800 AMP fuse had been tripped by chiller unit No.2 by phone. The averments of this paragraph are denied to the extent inconsistent therewith. 9 . Admit ted . 10, Denied. The fire arose because of failure of equipment and not because of any inappropriate or negligent conduct of Defendant, 11, Denied, After reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant, 12, Denied, After reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant, 13. Denied. After reasonable investigation, answering Defendant lacks information or knowledge sufficient to form IS 3 OHOf jlsnjp belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof bein'iJ demanded at trial, if relevant. 14, Denied, After reasonable investigation, answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant, 15, Denied, After. reasonable investigation, answering Defendant lacks information or knowledge su f f ielent to form a belief as to the truth of the averments contained in this paragraph and sama are therefore denied, strIct proof being demanded at trial, if relevant, COUNT It NEGLIGENC~ PIEZO CRYSTAL COMPANY v. H.B. MCCLURE COMPANY 16, The answers to paragraphs 1 through 15 are incorporated herein by refer.ence as if fully set forth at length, 17, Denied, The allegation that answering Defondant was negligent, reckless or careless are conclusions of law to which no response is required, The remaining averments of this paragraph are denied as followSI (a) Denied, Answering Defendant did not fail to properly and safely inspect any equipments (b) Denied, Dofendant did not activate any equipment without approprtate investigations (c) Denied. Defendant did not fail to use proper 4 OHOlj,anjl? skUll (d) Denied. Defendant did not fail to follow proper procedure, (e) Denied, Defendant did not fail to order nor replace any equipment, , (f) Denied. Defendant did not fail to inspect properlYI (g) Denied, Defendant did not fail to investigate properlY I (h) Denied, Defendant did not fail to use reBsonable carel (i) Denied, Defendant did not fail to properlY llupervis81 (j) Denied. Defendant did not properly perform any workl. (k) Denied. Defendant did not improperlY perform any workl ( 1) Denied, Def':lndant did not improperlY perform any workl (m) Denied. Defendant did not inlproperlY perform any work, (n) Denied. Defendant appropriatelY, did not fail repa i r 18, Denied, said averment contains legal concluaions to which no responsive pleading is required. WHEREFORE, Defendant, H,D. McClure company, Inc., respectfully request6 that this Honorable court dismiss plaintiff'S complaint in its entirety. 5 PHPfjlHnjp activate the chiller or fail to properly J,nverstigatel (c) Denied. skilll (d) Denied. Defendant did not fail to follow proper procedure I Defendant did not fail to use proper (e) Denied. Defendant did not fail to order or replace any equipmentl (f) Denied. Defendant did not fail to inspect appropriatelYI and (g) Denied. Defendant did not fail to investigate appropriately, 25. Denied, Said averment contains legal conclusions to which no responsive pleading is required. WHEREFORE, Defendant, H,B, McClure Company, Inc" respectfully requests that this Honorable Court dismiss Plaintiff's Complaint in its entirety, COUNT IV: BREACH OF CONTRACT PIEZO CRYSTAL COMPANY v. H.B. MCCLURE COMPANY 26. The answers to paragraphs 1 through 25 are incorporated herein by reference as if fully set forth at length. 27. The document attached as Exhibit "A" speaks for itself. 28. Denied. The allegation that the Defendant breached any contract is a conclusion of law to which no response is required. The remaining averments of this paragraph are denied as followSI (a) Denied. Defendant did not fail to properly test and inspect, (b) Denied. Defendant did not fail to properly test and inspect I 7 " CHOf jlanjp WHEREFORE, Defendant, H.B, McClure Company, Inc., respectfully requests that this Honorable Court dismiss Plaintiff's Complaint in its enti rety. COUNT IVI NEGLIGENCE PIEZO CRYSTAL CQMPANY v. H,B. MCCLURE COMPANY 34, The answers to paragraphs 1 through J3 are incorporated herein by reference as if fully set forth at length. 35, The allegation that Defendant was negligent is a conclusion of law to which no response is required. The remaining averments of this paragraph are denied as follows f (a) Deniod. Defendant did not fail to properly test and inspect; Denied. Defendant did not fail to pI'operly test and inspect; Denied. Defendant did not fail to insure safe and proper operation; (b) (c) (d) Denied. Defendant did not fail to provide appropriate service and maintenance, (e) Denied. Defendant did not fail to use reasonable care; (f) Denied, Defendant did not fail to properly superv he; (g) Denied, Defendant did not improperly perform any work; (h) Denied, Defendant did not improperly perform any work; (i) Denied, Defendant did not improperly perform any work; (j) Denied, Defendant did not improperly perform any work; and 9 OHOf jlsnjp (k) Denied. Defendant did not fail to repair llny equipment appropr.iately. 36, Denied. Said averment contains legal conclusions to which no responsive pleading is required. WHEREFORE, Defendant, H.B, McClure company, Inc., respectfully requests that this Honorable Court dismiss Plaintiff's complaint in its entirety, NEW MATTER 37, Paragraphs 1 through 36 are incorporated herein by referenca as if fully set forth at length 3B, The Plaintiff may have failed to state a cause of action upon which relief can be granted. 39, The applicable statute of limitations may have expired prior to the institution of this action, 40. Answering Defendant was not negligent, 41. Any acts or omission of answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaint.iff, 42. The incident and/or damages described in Plaintiff's Complaint may have been caused or contributed to by the Plaintiff. 43. The negligent acts or. omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by 10 ! , " II .~ , ~Cl ., t~ ,,, rf ,~ '.~ I.." ;.,1 l' ' t.!.. ii' t'.. :."~ " ," r~' "1 l' -,\" I t ;I 1.2' , . \r~ ~ ., II: .'"/ IL -., :t , t"r ,- U l!7' " 'I ,! , , " " !, " -. ~ .,1 Ii L, I \ II Ii , , , '! , , ! " '! , , " ~l .l!o ':,., , .# I.' , r " . ~. ,b "1 ~I i'l;1! , , :t'j "'f 'I' .... .l~l . 'l; )ll 'I " , 1]1; ~ ~.. . 'I , , I "l~ " ru: ~ I ~ I ;)1 1" ,.," .. (3 II. ,... , 0 cr> ", .' ~ ~~; J l ~ ~ ! ~ J ~~ ~ " " " " " I: , " "1 q ',' " " I, I, " 'i' " , , , ., 'I " " ,)1, . 'I , '. i , . , , ,I ., . . . ,; . 3 : E II f a ~ · i d 1/1 .. Ii ~ , 'I ,,' ~ 42. Denied, The averments of paragraph 42 state a conclusion of law to which no responsive pleading is requirad, In the alternative, the averments are denied and proof is demanded at time of trial, 43, Denied, The averments of paragraph 43 state a conclusion of law to which no responsive pleading is r",quired, In the alternative, the averments are denied and proof is demanded at time of trial, 44, Denied, The averments of paragraph 44 state a conclusion of law to which no responsive pleading is required, In the alternative, the averments are denied and proof is demanded at time of trial, 45. Denied, The averments of paragraph 45 state a conclusion of law to which no responsive pleading is required, In the alternative, the averments are denied and proof is demanded at timp. of trial, 46, Denied, The averments of pa.ragraph 46 state a conclu aion of law to which no responsive pleading is required, In the alternative, the averments are denied and proof is demanded at time of trial, - 2 - " , , , ' , ' , , " II ..... <:. - [l~ I.. - , i.~' .... .. ,~ ~fi 1I1( . .:1 t) ~ ~,., }:'r. \ ., '\."1 0:: ,;.:..~ ';f' \(,2 '1" f':"~') (" III -" C.: ',nl 1<.:, w,. ,',I~ I' ....~ J I-'~ ..~ ,J 1=1" , ,\ , , " " , , " , , , \1 , , , , " Ii' -' , f ........ "- I. I, , I " '\ " , " , , , " , " ! ~; C. :~: - " r:, .. ' ~I .'*" , (. , .:3 11) , ~~~.' .... .,':'-" H:~ .'.. l~j (,'.. 1" "- " <::I 'r~ " '- (l' - J .., , , ill. " ['I" n; i"ill' &..:\'. (.I. " , 1- ~ :3 , " . L~ 'Cr. , 0 , , ~ " I, I! " " , , " " ,II " , , " , " " . ,', , , " , , -,