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HomeMy WebLinkAbout07-0678Hennessy & Walker Group 142 W. Market Street West Chester, PA 19382 610431-2727 Attorney I.D. Selective Ins. A/S/O Daisy Data Inc./Shefet Properties PO Box 763 Branchville, NJ 07826 AND Daisy Data Inc./Shefet Properties 2850 Lewisberry Road York Haven, PA 17370 VS. Advanced Coating Technology Inc. 327 West Allen Street Mechanicsburg, PA 17055 NOTICE You have been sued in court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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 Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 In The Court of Common Pleas Cumberland County, Pennsylvania Civil Action Law No: L AVISO Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plaza ai partir de la fecha de la demanda y la notification. Hace faits asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar la demands en contra suya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perdee dinero o sus propiedades u otros derechos importantes para usted. Lteva esta demanda a un abogado inmediatamente. Si no tiene abogado o si no tiene el dinero suficiente de pagar tat servicio. Maya en persona o flame por telifono a la oficina cuya direccion se encuentra encuentra escrita abojo para averiguar d6nde se puede conseguir asistencia legal. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 aul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 10-431-2727 Attorney I.D. 65396 Selective Ins. A/S/O Daisy Data Inc./ Shefet Properties O Box 763 Branchville, NJ 07826 Attorney for Plaintiffs In The Court of Common Pleas Cumberland County, Pennsylvania : Civil Action Law ?aisy Data Inc./ Shefet Properties 850 Lewisberry Road : No. 0 9 'ork Haven, PA 17370 ?dvanced Coating Technology Inc. 27 West Allen Street PA 17055 COMPLAINT Plaintiff Selective Ins. is an insurance carrier licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its principal places of business the above captioned address. 2. Plaintiff Daisy Data Inc./ Shefet Properties ( hereinafter Daisy Data)is a business entity located at the above captioned address. 3. Defendant Advanced Coating Technology Inc. ( hereinafter ACT) is a business entity located at the above captioned address. 4. On or about March 30, 2006, Plaintiff Selective Ins.insured Plaintiff Daisy Data Justine Schwartz with a commercial insurance policy, policy number S 1561414 said policy covering fire losses and carrying with same, structure and contents coverages. 5. On or about March 30, 2006, a group of aluminum castings, specifically an enclosure and a door, that together made up a protective enclosure for a computer, belonging to the Plaintiff were in the care, custody and control of the Defendant ACT, at its facility in Mechanicsburg, PA. 6. The castings were at the defendant's facility to be powder coated and were stacked on pallets. t 7. On or about that date, the roof of the building caught fire, and although the castings were not actively involved in the fire, burning debris from the roof fell on them, resulting in the castings being severely damaged. 8. The fires resulted from the Defendants negligence. 9. The negligence of the Defendant consisted of the following; a) failing to properly secure the castings belonging to the Plaintiff, b) failing to take proper safety precautions; c) failing to install fire safety devices and maintain these devices in proper working order; d) failing to warn Plaintiff of the danger to their property; e) failing to timely notify authorities of the blaze; f) failing to use due care; g) other such negligence that may be developed through continuing discovery and trial of this matter; 10. In addition the defendant failed to maintain the standard of care required in protecting Plaintiffs castings as required in the bailment relationship established by the parties and is strictly liable to the Plaintiff; 11. The aforesaid damages resulted solely from the negligent acts and/or failure to act on part of Defendant named herein and were due in no mannerwhatsoever to any act and/or failure to act on part of Plaintiffs. 12. As a result of the aforesaid incident, Plaintiff Selective Ins. settled the first party claim of Plaintiff Daisy Data in the amount of $ 16,545.23(said figure includes Plaintiff's first party deductible) representing fair and reasonable reimbursement for the damages sustained. 13. Pursuant to the aforesaid policy of insurance, Plaintiff Selective Ins. is subrogated to Plaintiff Daisy Data for this loss. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $16,545.23 together plus costs, interest and such other relief this Court finds equitable and just. 1025 P I Hennessy, Esquire Hennessy& Walker COMMONWEALTH OF PENNSYLVANIA : OF CHESTER : ss undersigned verifies that the facts contained herein are true and correct. undersigned understands that false statements herein are made subject to the of 19 Pa. C. S. Section 4904, relating to unswom falsification to applicable, this affidavit is made on behalf of the Plaintiffs); that the said s) is/are unable and'unavailable to make this verification on its/his/her vn behalf within the time allotted for filing of this pleading, and the facts set forth the foregoing pleading are true and correct to the best of counsel's knowledge, ion and belief. verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, reports, records and other investigative material in the file ated: 3D Q 1 G ? ? ? ? (--. Vn{). ?? .? Y LJ C!`i 4 ' ?.? ?? T ?i I ? Yj? ?[ . _('! _::a SELECTIVE INSURANCE A/S/O DAISY DATA, INC./ SHEFET PROPERTIES AND DAISY DATA, INC./ SHEFET PROPERTIES, Plaintiffs V. ADVANCED COATING TECHNOLOGY, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 07-678 NOTICE TO PLEAD To: Selective Insurance A/S/O Daisy Data, Inc./Shefet Properties. YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, REAGER & ADLER, P.C. Date: March 27, 2007 Jo "(H. Pietrzak, Esquire() Attorney I.D. No. 79538 Theodore A. Adler, Esquire Attorney I.D. No. 16267 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Defendant, Advanced Coating Technology Y REAGER & ADLER, P.C. BY: THEODORE A. ADLER, ESQUIRE Attorney I.D. No. 16267 Email: Tadler ,ReagerAdlerPC.com BY: JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak a,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for Advanced Coating Technology SELECTIVE INSURANCE A/S/O DAISY DATA, INC./ SHEFET PROPERTIES AND DAISY DATA, INC./ SHEFET PROPERTIES, Plaintiffs V. ADVANCED COATING TECHNOLOGY, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 07-678 DEFENDANT, ADVANCED COATING TECHNOLOGY'S ANSWER WITH NEW MATTER TO THE COMPLAINT OF PLAINTIFFS, SELECTIVE INSURANCE AND DAISY DATA, INC. Admitted, upon information and belief. 2. Admitted, upon information and belief. 3. Admitted. By way of further answer, Defendant is Turri Associates, Inc. d/b/a Advanced Coating Technology. 4. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph. Strict 1 proof is demanded at trial. By way of further answer, the Defendant incorporates herein by reference its New Matter, which follows. 5. Denied as stated. This paragraph contains a legal conclusion to which no response is required. To the extent a further answer is required, Plaintiff and Defendant had entered into an oral bailment arrangement whereby certain items of Plaintiff's property were stored at Defendant's warehouse, where they were to be powder-coated. 6. Admitted. By way of further answer, Plaintiff's castings were stacked on pallets, which is the way they were delivered by Daisy Data. 7. Denied as stated. It is admitted that there was a fire at Defendant's warehouse on March 30, 2006 and that Plaintiff's property was not involved in the fire. It is denied that Plaintiff's property was "severely damaged." 8. Denied. This paragraph contains a legal conclusion to which no response is necessary. To the extent that a response is required, it is denied that the fire resulted from Defendant's negligence. It is further denied that Defendant was negligent in any manner. By way of further answer, the Defendant incorporates herein by reference its New Matter, which follows. 9. Denied. Paragraph 9(a)-(g) contains legal conclusions to which no response is required. To the extent that a response is required, Defendant denies that is was negligent in any way. 10. Denied. This paragraph contains a legal conclusion to which no response is required. To the extent that a response is required, Defendant denies that it was negligent in any way. Defendant further denies that it is strictly liable to the Plaintiff. 2 11. Denied. This paragraph contains a legal conclusion to which no response is required. To the extent that a response is required, Defendant denies that it was negligent in any way. 12. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph. Strict proof is demanded at trial. 13. Denied. This paragraph contains a legal conclusion to which no response is required. WHEREFORE, Defendant, Advanced Coating Technology, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against the Plaintiffs, Selective Insurance A/S/O Daisy Data, Inc./Shefet Properties, and award costs, attorney's fees and such other relief as the Court deems appropriate. NEW MATTER 14. Defendant incorporates paragraphs 1-13 by reference as if fully set forth herein. 15. The Plaintiff's claim is barred by the doctrines of waiver and estoppel. 16. The Plaintiff's claim is barred by the doctrine of consent. 17. The Plaintiff's claim is barred by the doctrine of accord and satisfaction. 18. The Plaintiff's claim is barred by the doctrine of justification. 19. The Plaintiff's complaint fails to state a cause of action for which relief can be granted. 20. Defendant maintained fire safety and fire suppression systems at all times relevant to this action, including on March 30, 2006. Defendant's fire safety and fire suppression systems 3 were in proper operating condition on March 30, 2006, and in fact, did operate properly during the fire on that date. The systems operated and discharged as designed, but did not contain the fire. 21. Defendant notified the fire and emergency authorities immediately after the fire started, either personally or through its fire safety system monitoring company. 22. Defendant's employees made every reasonable effort to extinguish or control the fire. WHEREFORE, Defendant Advanced Coating Technology respectfully requests this Honorable Court to enter judgment in its favor and against the Plaintiff, Selective Insurance A/S/O Daisy Data, Inc./Shefet Properties, to dismiss the Complaint with prejudice and award Defendant costs, attorney's fees and such other relief as the Court deems appropriate. Respectfully submitted, REAGER & ADLER, P.C. Date: March 27, 2007 Jo . Pietrzak, Esquire AjYomey I.D. No. 79538 Theodore A. Adler, Esquire Attorney I.D. No. 16267 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Defendant, Advanced Coating Technology 4 VERIFICATION I, Joseph A. Turn, Jr., hereby verify that I am the President of Turri Associates, Inc., d/b/a Advanced Coating Technology, Inc., and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. ra? Date: Af-d 22 - ?J By: Joseph A. Turret, Jr., President CERTIFICATE OF SERVICE AND NOW, this 27th day of March, 2007, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U.S. mail, postage prepaid and addressed as follows: Paul J. Hennessey, Esq. Hennessey & Walker Group 142 W. Market Street West Chester, PA 19382 41 JO H. PIETRZ , ESQj#IE ±v ; co J S W Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Attorney for Plaintiffs Selective Ins. A/S/O Daisy Data Inc./ Shefet Properties PO Box 763 Branchville, NJ 07826 AND Daisy Data Inc./ Shefet Properties 2850 Lewisberry Road York Haven, PA 17370 VS Advanced Coating Technology Inc. 327 West Allen Street Mechanicsburg, PA 17055 NOTICE : In The Court of Common Pleas : Cumberland County, Pennsylvania : Civil Action Law :No. 2007-678 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las pkginas siguientes, usted tiene veinte (20) dins de plazo ai partir de la fecha de la demanda y la notification. Hace faits asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda Usted puede perdee dinero o sus propiedades u otros derechos importantes para usted. Lleva esta demanda a un abogado Inmedtatamente. Si no dene abogado o si no dene el dinero suftciente de pagar tat servicio. Vaya en persona o ltame por teldfono a la ojWna cuya direccion se encuentra encuentra escrita abojo para averiguar d6nde se puede conseguir asistencia legal. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 717-249-3166 800-990-9108 ?aul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 510-43 l -2727 Attorney I.D. 65396 Attorney for Plaintiffs A. Selective Ins. A/S/O Daisy Data Inc./ Shefet Properties PO Box 763 Branchville, NJ 07826 AND Daisy Data Inc./ Shefet Properties 2850 Lewisberry Road York Haven, PA 17370 VS Advanced Coating Technology Inc. 327 West Allen Street Mechanicsburg, PA 17055 : In The Court of Common Pleas Cumberland County, Pennsylvania : Civil Action Law :No. 2007-678 AMENDED COMPLAINT 1. Plaintiff Selective Ins. is an insurance carrier licensed and authorized to conduct business in the Commonwealth of Pennsylvania and having as one of its principal places of business the above captioned address. 2. Plaintiff Daisy Data Inc./ Shefet Properties ( hereinafter Daisy Data)is a business entity located at the above captioned address. 3. Defendant Advanced Coating Technology Inc. (hereinafter ACT) is a business entity located at the above captioned address. 4. On or about March 30, 2006, Plaintiff Selective Ins. insured Plaintiff isv Data Justine Schwartz with a commercial insurance policy, policy number S 1561414 said policy covering fire losses and carrying with same, structure and coverages. 5. On or about March 30, 2006, a group of aluminum castings, specifically an enclosure and a door, that together made up a protective enclosure for a computer, belonging to the Plaintiff were in the care, custody and control of the Defendant ACT, at its facility in Mechanicsburg, PA. 6. The castings were at the defendant's facility to be powder coated and were stacked on pallets. 7. On or about that date, the roof of the building caught fire, and although the castings were not actively involved in the fire, burning debris from the roof fell on them, resulting in the castings being severely damaged. 8. The defendant failed to maintain the standard of care required in protecting Plaintiffs castings as required in the bailment relationship established by the parties and is liable to the Plaintiff, 9.. The aforesaid damages resulted solely from the breach of the bailment relationship in existence between the Plaintiff and the Defendant. 10. As a result of the aforesaid incident, Plaintiff Selective Ins. settled the first party claim of Plaintiff Daisy Data in the amount of $16,545.23(said figure includes Plaintiff's first party deductible) representing fair and reasonable reimbursement for the damages sustained. 11. As a result of the aforesaid incident, Plaintiff Selective Ins. settled the first party claim of Plaintiff Daisy Data in the amount of $16,545.23(said figure includes Plaintiff's first party deductible) representing fair and reasonable reimbursement for the damages sustained. M 12. Pursuant to the aforesaid policy of insurance, Plaintiff Selective Ins. is subrogated to Plaintiff Daisy Data for this loss. WHEREFORE, Plaintiffs demand judgment against the Defendant in the amount of $16,545.23 together plus costs, interest and such other relief this Court finds equitable and just. J. H essy, Esquire mess 'v& Walker SELE-1025 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CHESTER : ss The undersigned verifies that the facts contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904, relating to unworn falsification to authorities. If applicable, this affidavit is made on behalf of the Plaintiff(s); that the said Plaintiff(s) is/are unable and unavailable to make this verification on its/his/her own behalf within the time allotted for filing of this pleading, and the facts set forth in the foregoing pleading are true and correct to the best of counsel's knowledge, information and belief. This verification is made pursuant to Pa. R.C.P. 1024 and is based on interviews, conferences, reports, records and other investigative material in the file Dated: 41410`7 7-1 rr 'J iv SHERIFF'S RETURN - REGULAR CASE NO: 2007-00678 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SELECTIVE INS ET AL VS ADVANCED COATING TECHNOLOGY STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ADVANCED COATING TECHNOLOGY INC the DEFENDANT , at 1330:00 HOURS, on the 9th day of February-, 2007 at 327 WEST ALLEN STREET MECHANICSBURG, PA 17055 by handing to SHERRY MINNICK, OFFICE MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 8.80 Affidavit .00 ?J Surcharge 10.00 R. Thomas Kline .00 36.80 02/12/2007 ?,?p1 HENNESSY & WALKER GROUP Sworn and Subscibed to By: before me this day Deput Sheriff of A.D. Paul J. Hennessy, Esquire Hennessy & Walker Group, P.C. 142 W. Market Street West Chester, PA 19382 610-431-2727 Attorney I.D. 65396 Selective Insurance A/S/O Daisy Data Inc., Shefet Properties PO Box 763 Branchville, NJ 07826 VS Advanced Coating Technology Praeciue To The Prothonotary: :In The Court of Common Pleas :Cumberland County, Pennsylvania :Civil Action Law No: 2007-678 Please mark the above captioned case as Settled, Discontinued and Ended. Attorney for Plaintiffs G? `r?t