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Home My WebLink About00-07819 , ~ ~, " SHAH RAY & BYLER, LLP Anthony L. Byler, Esquire Pa. Identification No.: 76379 Theresa M. Mullaney, Esquire Pa. Identification No.: 83939 51 0 Walnut Street, 9th Floor Philadelphia, P A 19106 (215) 238-1045 HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, Plaintiff, v. SPRlNGW ALL MATTRESS COMPANY, SPRlNGW ALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, AND SPRlNGW ALL OF PENNSYL VANIA d/b/a SPRlNGW ALL MATTRESS COMPANY OF PENNSYLVANIA, Defendants. TO THE PROTHONOTARY: Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 00-7819 Civil PRAECIPE ~, Please mark this case settled and discontinued and please issue a certificate of settlement. ::1 ,-; !'; r:; c !:i I:: i '"" I:' DATE: October 29.2001 ;'1 , , i.i ;';j SHAH RAY & BYLER, LLP BY: T~~.~"OOCl~ Theresa M. Mullaney, Esqui Attorneys for Plaintiff ~~ .- , ,;,,":~"~"c',,_'" ", "",..," <'''~,'Of " :W"O"~"""'''''''''~ ,__ "',. 'c, , '.", ,,,~ 'r,n~ C ",",,", ~', ':~";""""''I' ~''',":,' " "',,""~ ; '"," ~ "~""I-,'-""~"'~,L"'," ""~"~,, "",",~;,,'~ "~ "',' ,''''EIT'' '>,"l '''''''~~,''~'~' ,'"'' ,~, " ,~ " ,,' _,r ",,": "', ,~,~,. ; r , '" ':'",'-7 " -, ~' .. "'~ ,'~'"~,',, ., C';'''''''''"''^'' I , 'l ~'!>' ,",'\'if!!;,..., ,= ,-. "" .. IJllr'J3!r~ 0 I.,::) ~;2 C ~ ~. ~ ,"'--- -J b:: D rn u; ---. z z S~ .-J Cf) -, -- r::: '-' 'v ~::: C) ''"'''~ ;~ c> i'-..j " )> C.: :.:.::::i ;~ ::.n ~~J '-;J \ D -<,- -" ... ~~,~~.~~~~'.? ".' W.LR~ .:, , , " , I SHU~W~WER I & LINDSEY I I i I, ! ATIORNBYS.AT-IAW 26 w. High Street Carlisle. P A 11 !, ~,", ""'~""""" "" '.'" ,. ,,', " " HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, Plaintiff, vs. SPRINGWALL MATTRESS COMPANY,: SPRINGWALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION,: AND SPRINGWALL OF PENNSYL- VANIA d/b/a SPRINGWALL MATTRESS: COMPANY OF PENNSYLVANIA Defendants. To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 00-7819 CIVIL PRACEIPE The undersigned enters his appearance for SPRINGWALL SLEEP PRODUCTS, which hereby joins in the Answer of Defendant RELIANCE BEDDING CORPORATION and SPRINGWALL MATTRESS COMPANY OF PENNSYLVANIA and the New Matter plead therein. January 19, 2001 ,"",~,'__" , ~'.'1,' "'" ",., ~0 "" 0, '-~, l~" ." SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Defendants ames . Flo I.D. #27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 ""',__'0""'" , ,~ ,'"", , ., ,~ ;!tl 1- , ". ">, ~1!I'!Ilf~~""",..,,,,~ "~~,-, ~ '.- ,., ."" .~".... 0 0 s;::: 0 If .... c..... '.:;;J ;po Z '"1'i~:: -;In"1 10.0 '.e~a "-;., . ~Q ""9 "'0 ..::1 . <' :J!: ':"-:-j -0 Q..>.- ~ ->\."') ~ (3m ..... -.J :!5 -- , ,~~,_~~'~~~~~~~rm1~~~~1,,~~_ ~ ,Nll~,~ THE SHAH LAW FIRM BY: Anthony L. Byler Attorney I.D. #76379 The Lafayette Building 437 Chestnut Street Suite 615 Philadelphia, PA 19106 (215) 238-1045 HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, Plaintiff, v. SPRINGWALL MATTRESS COMPANY, SPRINGWALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, AND SPRINGW ALL OF PENNSYLVANIA d/b/a SPRINGW ALL MATTRESS COMPANY OF PENNSYLVANIA, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 00-7819 Civil AFFIDAVIT OF SERVICE I, Anthony L. Byler, Esquire, hereby certify that a true and correct copy of the Complaint was served upon Defendant, Springwall Mattress Company on November 9, 2000 via Certified Mail, Return Receipt Requested. A true and correct copy of the Receipt is attached hereto as Exhibit "A". BY: DATE: III r~/ to , , \" ',,',"'--" ",-- ,'"n"";"",,, M'<' ''', "_' o,,~ , " ,'" ,,--~" ,I ,., , ,1"" .',. '",,"' ~,' ",,,, ' ~ ~ ,," ." . , ,~ . ,. ._-~ . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Spf;Nf../Nflrll /Vll'ltrQS ~C(i. 3d-tJlc;/~rvtMA.J A-z;L. C/~iJ~J jtfJ/t//O~- 3. Servic ype ertified Mail o Registered o Insured Mail o Agent o Addressee DYes DNa ,..~ o expresS Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted. Delivery? (Extra Fee) 2. Article Number (Copy from service iabei) 7tJqq .:J.,4t?o ~~I 'J.. /Jt1 '] 7,)/5 c: PS Form 3811, July1999 Domestic Return Receipt ,.-~"'" ~ """"7 ~ _ '""' ~, , , "~ ,,~, -',~ , ~, , DYes .of - 102595.Qlf-M'0952 " ,~, M' " - ~~"'I"~~Wll~~ ~ ',,'~'~~'~ C) c') :- C C~j ~ <- ~, f;~: L,:~ v n-, ;? "- "7 ~'<.J '(], ) (::) ~, " r::: c.: i~ c c' -"~' C ~) .;,.'" C-' ~'7,~ ~ L':'. , "C> -,".-, =< ~~ -~^'< ~'11 -fin . _"",, ~ "l"I'JiI'~-!il'1i'l'-1'~Oj""":-ll'''W~,''I'!'''':,,~',n'{W\~W''';c1'[~~''lF!;~,:!l!r.i~~__Jl!:;'!Ii!!!llBWfI'~""""'^'~~!",~ I"~ ,l!!WJ THE SHAH LAW FIRM BY: Anthony L. Byler Attorney I.D. #76379 The Lafayette Bnilding 437 Chestnut Street Snite 615 Philadelphia, PA 19106 (215) 238-1045 HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, Plaintiff, v. SPRINGW ALL MATTRESS COMPANY, SPRINGW ALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, AND SPRINGW ALL OF PENNSYLVANIA d/b/a SPRINGW ALL MATTRESS COMPANY OF PENNSYLVANIA, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 00-7819 Civil AFFIDAVIT OF SERVICE I, Anthony L. Byler, Esquire, hereby certify that a true and correct copy of the Complaint was served upon Defendant, Reliance Bedding Corporation on November 16,2000 by John Bailey. A true and correct copy of the Affidavit of Service is atta d hereto as Exhibit "A". BY: DATE: 11/21/ (}:) , ~"~"'''' ---' ,~~~,"~,~,,'~_~ ~ "_,,~,,=~ '_ ~",~ ".""" ,0, Ire ,~"., , . . AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 00-7819 County of CUMBERLAND Common Pleas Court Plaintiff: HERSHA ENTERPRISES LIMITED, ET AL. vs. Defendant: . . SPRINGWALL MATTRESS COMPANY, SPRINGWALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, ET AL. For: THE SHAH LAW FIRM The LafayetteBuilding, Suite 615 437 Chestnut Street Philadelphia PA 19106 Received by COURT HOUSE LEGAL SERVICES, INC. on the 15th day of November, 2000 at 1 :29 pm to be served on RELIANCE BEDDING CORPORATION, 3437 "D" STREET, PHILADELPHIA, PA. I, John Bailey, being duly sworn, depose and say that on the 16th day of November, 2000 at 11 :50 am, I: Delivered a true copy of the COMPLAINT to VIRGINIA KAPLAN, OFFICE MANAGER who stated that they were authorized to accept for the defendant/respondent in their absence. I am over the age of 18 and have no interest in the above action. >~./ (/ "" ~ . Process Server _ C OF NEW J!:.I';~,':'''' ~,".'r~"'~'. '~::<"NEXP\R[Sfl,l:3.Z~,;':.' COURT HOUSE LEGAL SERVICES, INC. 112 Haddontowne Court Suite 304 Cherry Hili, NJ 08034 (609) 428-9890 Our Job Serial. Number: 2000003816 Ref. Number: 7070-4 Copyright@ 1992.1999 Database Services, Inc. . Process Server's Toolbox V5.3k --'ii'iM" ;1lii -~" --~ ", ~~=~~ (") r: ~:::- ":'- :<! .'''.'cn~ . ~ -,:,.. nl,':' -/'~.-., ~;: ;~ ((~ ~'~. ~;;; c.:; ~ .", .' ....,,) ,'~ ~ [3 ,:.j CoO . ,'~' ",~"'~. ,"""""'"""'....,~".-"OllIlIli~.~a.,,"lY'""'<>I~!lllJ')~'i!!f"~"~"<~'~%1j'Wj!'l'm')!"~"''''''''''''''"=''l'~~'"'~;~~~"'Hf!~\,"'"Hl.,.~~:m!ll "~,~; j THE SHAH LAW FIRM BY: Anthony L. Byler Attorney I.D. #76379 The Lafayette Building 437 Chestnut Street Suite 615 Philadelphia, PA 19106 (215) 238-1045 HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, Plaintiff, v. SPRINGW ALL MATTRESS COMPANY, SPRINGW ALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, AND SPRINGW ALL OF PENNSYLVANIA d/b/a SPRINGWALL MATTRESS COMPANY OF PENNSYLVANIA, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 00-7819 Civil AFFIDAVIT OF SERVICE I, Anthony 1. Byler, Esquire, hereby certify that a true and correct copy of the Complaint was served upon Defendant, Springwall Mattress Company of Pennsylvania on November 16, 2000 by John Bailey. A true and correct copy of the Affidavit of Service is attached hereto as Exhibit "A". BY: DATE: 1/ /~l ((X) I ~,',' ".--,' , "'="',",, ~ ,,~",,~, ,,~_'F ,"",<; C,' '<',,,' , ",,,,.., ~I ",u ,-" " c, ,~, 'I,' " -,."<',, ~. " " , "" ,., d. __ < . -. AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 00-7819 County of CUMBERLAND Common Pleas Court Plaintiff: HERSHA ENTERPRISES LIMITED, ET AL. vs. Defendant: SPRINGWALL MATTRESS COMPANY, SPRINGWALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, ET AL. For: THE SHAH LAW FIRM The Lafayette Building, Suite 615 437 Chestnut Street Philadelphia PA19106 ' Received by COURT HOUSE LEGAL SERVICES, INC. on the 15th day of November, 2000 at 1 :29 pm to be served on SPRINGWALL MATTRESS CO., 3437 "0" STREET, PHILADELPHIA, PA. I, John Bailey, being duly sworn, depose and say that on the 16th day of November, 2000 at 11 :50 am, I: Delivered a true copy of the COMPLAINT to VIRGINIA KAPLAN, OFFICE MANAGER who stated that they were authorized to accept for the defendant/respondent in their absence. I am over the age of 18 and have no interest in the above action. Subscribed and Sworn to before me on the 17th day of November, 2000 by the affiant who is ' P so allykno n e. '~ ~~-";$' '. c..,' ./?J-/ ehn ....- Process Server ~s.:':; COURT HOUSE LEGAL SERVICES, INC. 112 Haddontowne Court Suite 304 Cherry Hill, NJ 08034 (609) 428-9890 Our Job Serial Number: 2000003816 Ref. Number: 7070-4 <~""'f'J r:.Y~""P(S t~":2,. ~:~,?~ ' Copyright@'992-1999 Database Services, Inc. - Process Server's Toolbox V5.3k ffr~,'" , , , ''l . ,~~ ~, 'N ~, _"~"_",,,,,,_ W ~ "~'~".~%.~ .'- o c ""'~, ,'~', ~,,", <-.' , ~) '-~) ~) :,,:) C,) "," ,!I!!I~!!:ll~~!!Jt!'''''';f)JMm"'Wi''.p.p'''''.?i'''lr"",0''''W''~''W''''''''"i'i!l~i~ml'll~'''-'lW"1F':""~;'"[liV' '--~ "+~'>f'S:''''f:,,,'''p:,j7'''''''''=~'';'''H'i'!~,''~''''''~-I''JI~W''~'l''J>"R't~;.~.,:n,~"''''~)'''Jl~!;''r!'!r'\'~1~'iffi~]lI,~~ THE SHAH LAW FIRM BY: Anthony L. Byler Attorney I.D. #76379 The Lafayette Building 437 Chestnut Street Suite 615 Philadelphia, PA 19106 (215) 238-1045 HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, Plaintiff, v. SPRINGW ALL MATTRESS COMPANY, SPRINGWALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, AND SPRINGW ALL OF PENNSYLVANIA d/b/a SPRINGW ALL MATTRESS COMPANY OF PENNSYLVANIA, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 00-7819 Civil AFFIDAVIT OF SERVICE I, Anthony L. Byler, Esquire, hereby certify that a true and correct copy of the Complaint was served upon Defendant, Springwall Sleep Products on November 14,2000 via Certified Mail, Return Receipt Requested. A true and correct copy of the Receipt is attached hereto as Exhibit "A". BY: DATE: 11(2-( I GO .., ,.,..-.,,, > ,,' """,', ,)': n>~",<',,,, -- ,." , ^_ ,0"',, ,,}", "".., " "I ~- " '1 ' =, ,'," -= , Ie' . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space parmits. I.Article Addressed to: S/LLf () ~f2..INt- 1(;,4-11 S;r: "..r:FY 4 ofJ.."cfs 1 ~O /"YUIlNtU fJrltr l Dr. Oi'NkrJ wI 5'35~~- i r 2. A. Received by (please Print Cleariy) ~ o Agent ~ddressee D. Is delivery address ditfere~!Ji:tlrt~.;-- 0 Yes If YES, enter delivery~res~DeI'owi.: ~J.J' , N" 0 (,I. ~ \~,~\ - v"": ";?- \ -'f c:., 77- K'" I. I "_,,..n /:., t.). , '-- '... I ~.:" \, ~ ,',', + .. 3. Servic pe ertffled Mail o Registefed o Insured Mail ", '-;-~. o Exp,.;ss Maw--" o Return Receipt for Merchandise o C.O.D. 4. Restricted Dellvery1 (Extra Fee) Domestic Return Receipt ? 671;;" ,~ DYes 102595.00.M.0952 ,~ ,~ , , !II '",;.,,","';' :~ ""''''$,''''''-' , """~--",""""",."'-",*,,,"""'='~"" ',', .. ,~~~ ,>,' ~~~.I ., :,",'j < ~;.:.~ .-.. , dl;. ~"'~ """"""""_~"I"Jl~t!'\\m~~~;,I1J'g!jC"'---m>_f;;:-""CI'7"'~,3o'1,,,,~o,'~'T"f_'fT"''''''"''''",~-i'''!''"lW~}%i~l';,1'W.w.'~~!''fTI'''''''~W!';ffll'~~~-,~~ij ., \".' C) S> Ll ~- u ~D v] ~_, r=-'::-C;, ..;.::- ;~(~) -,,-, (- '----, Z -.~i :.,." ..< (.0 THE SHAH LAW FIRM BY: Anthony L. Byler Attorney I.D. #76379 The Lafayette Building 437 Chestnut Street Suite 615 Philadelphia, PA 19106 (215) 238-1045 Attorney for Plaintiff HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. NO. 00-7819 CIVIL SPRINGW ALL MATTRESS COMPANY, SPRINGW ALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, AND SPRINGWALL OF PENNSYLVANIA d/b/a SPRINGW ALL MATTRESS COMPANY OF PENNSYLVANIA, Defendants. PLAINTIFF'S RESPONSE TO DEFENDANTS'. RELIANCE BEDDING CORPORATION AND SPRINGW ALL MATTRESS COMPANY OF PENNSYLVANIA. NEW MATTER Plaintiff, by and through its undersigned Counsel, The Shah Law Firm, files this Response to Defendants' , Reliance Bedding Corporation and Springwall Mattress Company of Pennsylvania, New Matter, and in support thereof avers as follows: 71. Plaintiff incorporates by reference Paragraphs I through 70 of Plaintiffs Complaint as though said pleadings were fully set forth herein at length. 72. Denied. It is specifically denied that Defendant provided information to Plaintiff concerning the necessity to rotate the bedding materials to prevent premature wear and damage "(d'""" - '~o,,~,__ ..,__,?"",'~,,,,( _ ~ , ,_""",..~".~ ," '-., "~, " ~ " 1-- ,', , . . ~". ' ,. .~ ~ c to the products. Strict proof of all allegations contained in Paragraph 72 is demanded at the time of trial. 73. Denied. The allegations contained in Paragraph 73 constitute conclusions of law to which no responsive pleading is required. Strict proof of all allegations contained in Paragraph 73 is demanded at the time of trial. 74. Denied. The allegations contained in Paragraph 74 constitute conclusions oflaw to which no responsive pleading is required. Strict proof of all allegations contained in Paragraph 74 is demanded at the time oftrial. 75. Denied. The allegations contained in Paragraph 75 constitute conclusions oflaw to which no responsive pleading is required. To the extent that this Honorable Court may require a more responsive answer, it is specifically denied that many of the defects in the box springs and all of the defects in the mattresses could have been addressed by repair or replacement at substantially less than the cost incurred by Plaintiff. Strict proof of all allegations contained in Paragraph 75 is demanded at the time oftrial. 76. Denied. The allegations contained in Paragraph 76 constitute conclusions oflaw to which no responsive pleading is required. To the extent that this Honorable Court may require a more responsive answer, it is specifically denied that Plaintiffs dialogued with Defendant stopped following Mr. Dorfman's June 23, 2000 letter. Strict proof of all allegations contained in Paragraph 76 is demanded at the time of trial. 77. Denied. The allegations contained in Paragraph 77 constitute conclusions oflaw to which no responsive pleading is required. Strict proof of all allegations contained in Paragraph 77 is demanded at the time of trial. : ~y, ~~ " , , " " -". ",^,!, "." <, ." ~ " , ., ",~-- . . ...'",,',-. .,,, 78. Denied. The allegations contained in Paragraph 78 constitute conclusions of law to which no responsive pleading is required. Strict proof of all allegations contained in Paragraph 78 is demanded at the time of trial. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants for the relief sought in Plaintiff's Complaint and such other relief, as this Court deems just, proper and equitable. Respectfully submitted, By: Anth ny . Byler, I.D. No. 76379 The Lafayette . iling 437 Chestnnt Street, Suite 615 Philadelphia, PA 19106 215/238-1045 .-/ ",_', ""_',~,",~~T.,~__~~,~,'",,,:,. '_>,~,' ',", """" ('I ''''I . ,~ " "",,0 ,"", ", "Ui THE SHAH LAW FIRM BY: Anthony L. Byler Attorney I.D. #76379 The Lafayette Building 437 Chestnut Street Suite 615 Philadelphia, PA 19106 (215) 238-1045 Attorney for Plaintiff HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. NO. 00-7819 CIVIL SPRINGW ALL MATTRESS COMPANY, et al. Defendants. CERTIFICATE OF SERVICE I, Anthony 1. Byler, Esquire, hereby certify that a true and correct copy of the within Response to Defendants, Reliance Bedding Corporation and Springwall Mattress Company of Pennsylvania's New Matter was sent to those listed below, via first class mail on January 30, 2001: James D. Flower, Jr. SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, P A 17013 THE SHAH LAW FIRM BY: ""'," ,"" ';_":' .".-,.;",,,,n4 ,., ..~, '. ,.. , ,--~ ,,~ ,. ", ,~" ',.' .'""-1 "~I C'" . ,<, .r--' ~ ,-~ ~~In "", P''''''''''',t~~]!J!'P!ml~~~;''J~lP'-'~~Il'l\l''lm%~'~~,~~l!I'l~~~,~.~"L.:~ ,,_>~~! - = ,,,,,"n,' "",."".-''' ir1mr'lll'" 'N'~"ijT~ '-"'jf!h";i'""'-"1';"ttll'lf'1.1>""mll'ilit'l '~Y"lf'ti{E>[" (') f:= uc-~- IT} r'. .....::...". [ij ~ -< ~C:" -~ (~ S-; ~~ z =< c:-' ....., :.'q :';'J Ci' Ul ~'-11 ~~ ~"... SAlOIS, SHUFF & MASLAND ATI'OJI~.ATtoLAW 26 W. High Street Carlisie, PA , "' ,,'~., ,.,,".0 ,1, " , " ..i HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff, NO. 00-7819 CIVIL vs. SPRINGWALL MATTRESS COMPANY,: SPRINGWALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION,: AND SPRINGWALL OF PENNSYL- VANIA d/b/a SPRINGWALL MATTRESS: COMPANY OF PENNSYLVANIA Defendants. NOTICE YOU ARE HEREBY NOTIFIED to plead to the within New Matter and Counterclaim within twenty days after service of this Answer and New Matter. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiff ~. '(), James D. Flower, Jr., Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 I.D. #27742 ,~=.. ", ," ,,' '1 " " .~_v,__, ' !', " SAlOIS, SHUFF & MASLAND A'ITORNBYS-AT.LAw 26 W. High Str..t Carlisle, PA " " , HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff, NO. 00-7819 CIVIL vs. SPRINGWALL MATTRESS COMPANY,: SPRINGWALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION,: AND SPRINGWALL OF PENNSYL- VANIA d/b/a SPRINGWALL MATTRESS: COMPANY OF PENNSYLVANIA Defendants. ANSWER OF DEFENDANT RELIANCE BEDDING CORPORATION, AND SPRINGWALL MATTRESS COMPANY OF PENNSYLVANIA 1. Admitted 2. After reasonable investigation, Defendant does not have sufficient knowledge or information to form a belief as to this averment. It is believed that the Ohio company noted is unrelated to the product in question. SPRINGWALL MATTRESS COMPANY OF PENNSYLVANIA is a fictitious name owned by RELIANCE BEDDING CORPORATION. 3. Admitted in part and denied in part. Defendant believes that the address in Wisconsin listed for SPRINGWALL SLEEP PRODUCTS is a sales office for said company rather than it's principal place of business. ;;.-!"""""'"~c, ", " ,_,," ,~_, ''f' ,,, 'T "" _'H,," "',' r " '",", -', -~ < " , 1, ~~ , '-r~," , ,,~. SAIDIS, SHUFF & MASLAND ATIORNEY$t>AY.LAW 26 W. High Street Carlisle, P A '~~~ '" ,_ ,~,""'N,'",,, ,~." !! 4. Admitted in part and denied in part. The registered office of DEFENDANT RELIANCE BEDDING CORPORATION is 3437 "D" Street, Philadelphia, Pennsylvania 19134. 5. Denied. The fictitious name registered by Defendant RELIANCE BEDDING CORPORATION is SPRINGWALL MATTRESS COMPANY OF PENNSYLVANIA. JURISDICTION AND VENUE 6. This averment is a legal conclusion to which no responsive pleading is required. 7. This averment is a legal conclusion to which no responsive pleading is required. FACTS 8. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief of the truth of this averment with respect to Plaintiff's business outside of Cumberland County, Pennsylvania. Defendant admits that Plaintiff operates a Hampton Inn at 1164 Harrisburg Pike, Carlisle, Pennsylvania. 9. Admitted, except that Defendant believes that Plaintiff contracted to purchase the mattresses in question from SPRINGWALL SLEEP PRODUCTS, pursuant to which an invoice was issued from RELIANCE BEDDING CORPORATION to Plaintiff. 10. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to whether "SPRINGWALL" and " , 1- _,' .e.., '-j"i,,"'__ ".." <'> , SAIDIS, SHUFF & MASLAND ATI'ORNEYS-Ar-LAW 26 W. High Street Carlisle, P A :~-j'n'~,' ',. """")"",~::"".'~,,-,,,,<,,.,,,.",,,"~ " "CHIROPRACTIC" are registered trademarks used in the marketing, sales and extension of warranties by SPRINGWALL SLEEP PRODUCTS. 11. Admitted. 12. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. 13. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. Defendant does not know what factors influenced Plaintiff to purchase the mattresses and box springs in question. 14. Denied. As set forth in more detail below, any defects in the bedding in question were caused by Plaintiff's improper care and failure to rotate the mattresses and box springs in question. 15. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. 16. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. 17. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. 18. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. 19. Denied. Inspection made by Bed Check revealed defects in a few of Defendant's products. Based upon Defendant's inspection, however, it was clear , .." ,:-r~~,;, ',' ,"", '", ,'~><" '''" _,~,'" ,,_,~," ~" '".' 'r" I" ",' "" , 'I---~"". ~"",.'~~':' ,~ "",~~q ,c . SAIDIS, SHUFF & MASLAND ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA ;J " that the bedding had not been rotated, and that any defects that were present were due to the improper care of the bedding. 20. Admitted in part and denied in part. It is admitted that a letter of December 20, 1999 from Plaintiff was sent to Craig Ostrander of SPRINGWALL SLEEP PRODUCTS in Clinton, Wisconsin, complaining about the mattresses and box springs in question, but denied that this constituted notice to all Defendants at this time. 21. Not having been supplied with a copy of the letter upon which this allegation is based, Defendant is without sufficient knowledge or information to form a belief as to the truth of this averment. 22. Admitted. 23. It is admitted that Defendant RELIANCE BEDDING CORPORATION extended the ten year limited warranty in question, but it is denied that Plaintiff is entitled to relief under said warranty. 24. Admitted. By way of further answer, however, the ten year limited warranty was voided by Plaintiff's improper care of the mattresses and box springs in question and in accordance with the terms of the aforesaid warranty. 25. Denied. Defendant RELIANCE BEDDING CORPORATION'S President, Jerry Dorfman, returned the call to make arrangements to inspect the hotel on December 28, 1999, but received no response to his call. He also made calls (as reflected by his telephone records) on May 16, 2000, May 31,2000, June 6,2000 and June 12, 2000. ~l~,~:,,-"., " :ry,,", ~:~",,,,,_""~""~'"'''' ~"," < ",~,,"-,< ,~"c! ,"'>, ~, < ," "-1"~, " , .." T' "' "'I" ,..yO,.. ' " '" "--"','p ,,' :'j SAlOIS, SHUFF & MASLAND ATrORNEYS.AT.LAW 26 W. High Street Carlisle, PA ,i: , ';?'.' , . <,-,',,,, o""""':^ " 26. Denied as stated. It is admitted that a letter was written by Plaintiff to Mr. Ostrander on March 20, 2000, in an attempt to negotiate a resolution of the issue. 27. Denied as stated. As set forth above, Mr. Dorfman attempted to set up an inspection with Defendant, but received no response to his telephone call on December 28, 1999. He remained willing to inspect and, in fact, did personally inspect the premises on June 14, 2000. 28. Denied as stated. Jerry Dorfman of RELIANCE BEDDING CORPORATION had earlier attempted to set up an inspection but without response from Plaintiff. Had Plaintiff responded earlier, the inspection could have taken place months before. Mr. Dorfman was required to postpone an inspection one time in response to a family emergency, but was able to make the inspection on June 14, 2000. 29. Denied. Mr. Dorfman made no false representations. 30. Denied. Mr. Dorfman attempted to set up an inspection at the time he called on December 28, 1999, and had Plaintiff responded to him, an inspection could have been arranged months earlier. Defendant further denies that Plaintiff threatened suit within the next seven days if the inspection did not take place. 31. As set forth above, Mr. Dorfman had tried to arrange for an earlier inspection, but was prevented from doing so by Plaintiffs lack of responsiveness. It is admitted that Mr. Dorfman actually made the inspection on June 14, 2000. 32. Admitted. --,",., " ,'~ , '~,' ,0,--"1 , ,/~ "< " ,~ ~, , . SAIDIS, SHUFF & MASLAND ATrORNEYS-AT-LAW 26 W. High Street Carlisle, PA ~, ,~"," _7',".", ~. " 33. Denied as stated. Mr. Dorfman's inspection revealed that none of the box springs had ever been rotated, and that only a very few of the mattresses had been rotated at any time. Both box springs and mattresses should be rotated on a regular basis, which is necessary for proper care of the bedding to achieve the bedding's normal useful for life. Plaintiffs failure to property rotate the mattresses and box springs renders void Defendant's ten year limited warranty. 34. Denied. Plaintiff has ignored the instructions supplied with the mattresses and box springs and has neglected to properly rotate them. The alleged records of rotating the bedding have been falsified. 35. Denied. On the contrary, Plaintiff ignored the applicable turning instructions, which has resulted in premature aging and damage to the bedding in question. 36. Denied. Plaintiff did not mitigate its damages by continuing a discussion with Defendant RELIANCE BEDDING CORPORATION to negotiate a mutually satisfactory resolution, but discontinued communication after Mr. Dorfman's letter of June 23, 2000. Plaintiff then disposed of the mattresses and box springs, even though the majority of the bedding in question could have been effectively repaired at a reasonable cost. 37. Denied. All of the mattresses could have been effectively repaired and most of the box springs could have been effectively repaired. Replacement was not the only option. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averment that Plaintiff '~!"f',M"",---~. " ~, ~', " ,,~ '"'''''''.,~, "', ,~__>,_, '." "1'",," ,'I ..~,,', ""~, .'" , ",",,' , SAID IS, SHUFF & MASLAND ATrORNEYS'AT'UW 26 W. High Slreet Carlisle, PA ;';, ,~, ", ,""'''';-~'','', " I made actual room rebates to customers. It is denied that Plaintiffs conduct in this matter can be accurately characterized as "nine months of good faith actions by Pfaintiff'since Plaintiff ignored Mr. Dorfman's telephone call of December 28, 1999, and took no further action for some time. Plaintiff also fails to take into account the numerous phone calls made by Mr. Dorfman in an attempt to schedule the inspection, which is set forth in more detail above. 38. Denied. Plaintiff was not forced to replace the Springwall mattresses and box springs. All of the mattresses and most of the box springs could have been repaired at a reasonable cost. After reasonable investigation, Defendant is without sufficient knowledge or information to form a believe as to the truth of the averment that Plaintiff actually expended $38,326.42 for new mattresses and box springs. By way of further answer, it is noted that this purchase was from Hersha Hotel Supply, obviously a related company to Plaintiff, and Defendant has no knowledge as to whether said purchase was, in fact, an arm's length transaction. 39. Denied. Plaintiff was not forced to replace four queen sized Springwall mattresses and box springs at a cost of $1,026.00, since most, if not all, could have been repaired much less expensively. After reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averment that said mattresses and box springs were, in fact, replaced. 40. Defendant incorporates by reference its responses to paragraphs 1 through 39 herein. ,,,;t"~',,',"""' ",~"", ,"",~" ,r~"F'__-c'" -<". ',>,"" '''-'I " -",',>", t'__" "'1 .'",',,'~ -- , "', " '" SAIDIS, SHUFF & MASLAND ATl'ORNEYS'AT-LAW 26 W. High Street Carlisle, PA "'.""""- " 41. This averment is a conclusion of law to which no responsive pleading is required. 42. Admitted in part and denied in part. Defendant RELIANCE BEDDING CORPORATION was a manufacturer of the bedding in question and was not involved in the sale of the product to Plaintiff. As a manufacturer, Defendant RELIANCE BEDDING CORPORATION stands by its ten year limited warranty, which warranty speaks for itself. Defendant RELIANCE BEDDING CORPORATION was not a party to and has no knowledge of any representations which differ from or exceed the benefits provided through its ten year limited warranty. As set forth above, however, said ten year limited warranty was voided by Defendant's improper care of said bedding by failing to comply with instructions for the rotation of mattresses and box springs, which in turn resulted in the impairment of the products' useful life. 43. Admitted. 44. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to whether the bedding in question began exhibiting signs of defects within the first two years of Plaintiff's ownership. It is admitted that Plaintiff notified Defendants of perceived defects and gave Defendant an opportunity to inspect. As set forth in the letter of June 23, 2000, Mr. Dorfman of RELIANCE BEDDING CORPORATION inspected the bedding and did find a number of defects, but also found that only a few of the mattresses and none of the box springs had ever been rotated. After receiving Mr. Dorfman's letter of June 23, 2000, ~,,<,~ r ' '. '." ,5(" > ',;---',," . '-,", ,,,~" , ~, ' "i"""," SAIDIS, SHUFF & MASLAND ATfORNBYSeAr-LAW 26 W. High Street Carlisle, PA ;:> ",,,.~ ' "'" ~, ^ ". q ,," ., " ~ II Plaintiff did not further contact Defendant, but replaced the mattresses and box springs which could have been repaired. 45. Denied. Defendant, through counsel David J. Kramer, Esquire, by letter of August 24, 2000, advised that Defendant RELIANCE BEDDING CORPORATION "was prepared to replace those bedding products that were either broken or had an unacceptable set in the coils" but Plaintiff instead replaced all of the mattresses and box springs in question. 46. Denied. Defendant was willing to work with Plaintiff to address warranty issues, and all of the mattresses and a majority of the box springs were capable of being repaired. 47. Denied. Defendant believes and avers that defects in the mattresses and box springs were largely due to improper care of the bedding by Plaintiff in failing to rotate them as instructed, not as a result of defective assembly, materials or engineering. 48. Denied. The defects complained of, were the result of Plaintiffs improper care of the bedding as set forth above, and not the result of Defendant's actions. Furthermore, all of the mattresses and a large number of the box springs could have been repaired at a cost substantially less than the cost of replacement. Defendant is, consequently, not responsible for the replacement costs or room rebates incurred by Plaintiff. 49. This averment is a conclusion of law to which no responsive pleading is required. , , '-"-.~" c-., "'" " < 0 ,~ ',~" ~ ., " ,'" . ,', ,,~ ",," SAIDIS, ! SHUFF & MASLAND ATI'ORNEVS.AT-UW 26 W. High Street Carlisle, PA " WHEREFORE, Defendant requests that the relief sought by Plaintiff be denied. COUNT II BREACH OF IMPLIED WARRANTY UNDER LAW AND UCC 50. Defendant incorporates by reference its responses to paragraphs 1 through 49 above as set forth at length herein. 51. This averment is a conclusion of law to which no responsive pleading is required. 52. This averment is a conclusion of law to which no responsive pleading is required. 53. Admitted. 54. This averment is a conclusion of law to which no responsive pleading is required. 55. This averment is a conclusion of law to which no responsive pleading is required. 56. Denied. The products sold and delivered to Plaintiff satisfied any implied UCC warranties of merchantability and fitness for a particular purpose and fulfilled the representations set forth in all sales and marketing material and the express warranty. Plaintiff's improper care of the products lead to defects in them. WHEREFORE, Defendant requests that the relief sought by Plaintiff be denied. ",'.', 0','" -''''''-', "~'"'''''' '~~~ ",fC,O"",-, ',,""-', ,', ~ ' ~, I,,'" ''''',~'~'f.1 } y\r;~' ,,^ ", ',''W' ,= ,'- ' '! , " 1- COUNT III BREACH OF CONTRACT AND OF THE COVENANT OF GOOD FAITH AND FAIR DEALING 57. Defendant incorporates its response to paragraphs 1 through 56 above as if set forth at length herein. 58. Admitted. 59. Admitted except that the improper care of the bedding in question by failing to rotate the mattresses and box springs resulted in voiding the ten year limited warranty extended by Defendant. 60. Denied. Defendant's bedding complied with the representations made in Defendant's sales and marketing material. Defendant pointed out through the letter of Mr. Dorfman of June 23, 2000, that the warranty is contingent upon proper care of the bedding. Defendant offered through the letter of David J. Kramer, Esquire, on August 24, 2000, to repair or replace appropriate items in the bedding, but believed at that time that Plaintiff had disposed of the products in question. 61. Denied. Defendant RELIANCE BEDDING CORPORATION was willing and able to address warranty issues with Plaintiff, even though the warranty SAIDIS, had been voided by improper care of the bedding, but was prevented from doing so by SHUFF & ~~!i.~ Plaintiff's disposing of the bedding in question. 26 W. High Street Carlisle, PA '1,"<_" ~,', , ,'~, '''..,,,...,. ,~, 62. This averment is a conclusion of law to which no responsive pleading is required. "-, I-,'~,,,,,,, ~"-' " c,,', _, ''''~'',.' '<0" _' I~ ., r ". F' f, "",- --.? ,. , ,~ , ~', " 63. This averment is a conclusion of law to which no responsive pleading is required. 64. This averment is a conclusion of law to which no responsive pleading is required. 65. Denied. Defendant RELIANCE BEDDING CORPORATION through their President Mr. Dorfman, attempted to set up an inspection through a telephone call on December 28, 1999, to which Plaintiff did not respond for many months. Defendant did not refuse to inspect and, in fact, did inspect the bedding, and further offered to repair or replace the appropriate items of bedding, regardless of the voiding of the warranty through improper care. This remedy was prevented by Plaintiff disposing of the bedding in question. 66. Denied. Defendant in no way acted in bad faith or with unfair conduct, nor did any of Defendant's actions cause any increasing defects. On the contrary, Plaintiffs improper care of the bedding caused any defects. 67. Denied. Defendant in no way failed to deal fairly or in good faith with Plaintiff. 68. Denied. Defendant in no way acted in bad faith toward Plaintiff. 69. Denied. Defendant, through its President, Mr. Dorfman, inspected SAlOIS, the mattresses and box springs, found that they had been improperly cared for since SHUFF & ~~~~~ none of the box springs and few of the mattresses had ever been rotated, and that 26 W. High Street Carlisle, PA failure on Plaintiffs part caused damage to the materials. Nevertheless, Defendant offered to address repair and replacement of some of the bedding. "~ c ,~"'_" '~."__~'~""">,' ',.,,' ".', , ,,~, ~. . -- ',--,,~ " ' . ~, , ,,' ~ . ~ ," ,~- SAIDIS, SHUFF & MASLAND ATmRNRWeATeUW 26 W. High Street Carlisle, PA " 70. Denied. As set forth in more detail below, Plaintiff has not satisfied all conditions precedent to commencing this action. WHEREFORE, Defendant request that the relief sought by Plaintiff be denied. NEW MATTER 71. Defendant incorporates by reference his answers to paragraphs 1 through 70 above as though incorporated herein in their entirety. 72. Defendant provided information to Plaintiff concerning the necessity to rotate the bedding materials in question to prevent premature wear and damage to the products. 73. Plaintiff, as the owner of a hotel, knew or should have known of the necessity to rotate mattresses and box springs on a regular basis in order to preserve them. 74. Plaintiff's failure to rotate the mattresses and box springs as recommended by Defendant, and as Plaintiff knew or should have known was required to preserve the condition of said bedding constituted improper care and as such voided Defendant's ten year limited warranty, and any other warranties, express or implied. 75. Many of the defects in the box springs, and all of the defects in the mattresses, could have been addressed by repair or replacement at substantially less ~,~ '-'-, '"',c'''''' """ \",. m ,~. ,..~"o,,,', 'O,',~ ,.. " ,>, v" " ,.., " " r '~', <'" ,", . , , SAIDIS, SHUFF & MASLAND A~ATeLA.w 26 W. High Street Carlisle. PA J'",'~'" -, -, ",,~ ."1-"__" '~- \I cost than Plaintiff alleges was incurred by purchase of said products from its related company, Hersha Hotel Supply. 76. Following receipt of Mr. Dorfman's letter of June 23, 2000, in which he pointed out Plaintiffs failure to rotate all of the box springs and substantially all of the mattresses, Plaintiff did not continue a dialog with Defendant to address warranty issues, but replaced the mattresses and box springs, thereby preventing less expensive repair or in some cases replacement of the bedding in question. 77. Plaintiff failed to mitigate its damages. 78. Plaintiffs actions in improperly caring for the bedding and, consequently, voiding the warranty extended by Defendant, and in failing to mitigate its damages bar and/or reduce any recovery against Defendant. WHEREFORE, Defendant RELIANCE BEDDING CORPORATION demands that the relief sought by Plaintiff be denied. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiff By i ames D. Flower, Jr. .D.#27742 26 West High Street Carlisle, PA 17013 (717) 243-6222 ", .", ,,"-,,~--, "-',.,...' , ". . 'r'-- .>.<,' ~. f' ','" RF'.IA:'\'CF BFDDI'\'G CORP. ~oo ' O!.lI2I01 . PIU J,3: 51 PAX 2'.57399906 SAlDIS. SHUFF ... MASLAND A. ' ~N.A.W ....IlIr/l_ COIIIoI..." 717-243-&466 ",-AIDIS SHUFF f'lHSl f'lND. TAN 1::? 'l}l . 1.-}~ 1f; ~:11 Pl.J !! VERIFICATION I. JERRY DORFMAN, President of REUANCE BEDDING CORPORATION, hereby verify that the statements made In !he within instrument are true and correct to the best of my knowledge. information and be/ief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904. relating 10 unsworn falsification to authorities. RELIANCE BEDDING CORPORATION ~~~~ Date: January 12, 2001 _, ,0' ,,,. .'='_ I '" 'H~. THE SHAH dw FIRM BY: Anthony L. Byler Attorney I.D. #76379 The Lafayette Building 437 Chestnut Street Suite 615 Philadelphia, PA 19106 (215) 238-1045 HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, Plaintiff, v. SPRINGW ALL MATTRESS COMPANY, SPRINGWALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, AND SPRINGWALL OF PENNSYLVANIA d/b/a SPRINGWALL MATTRESS COMPANY OF PENNSYLVANIA, Defendants. 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 aford one,gotoor telephone the office set forth below to find out where you can get legal help. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ,; "";" ," " " " ~ Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. CO - 7'? 1'1 ta;J COMPLAINT NOTICE TO DEFEND T AVISO Le han demandado a usted en - corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes,usted tiene veinte (20)dias de plazo alpartir de la recha de h demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensasosus obpciones alas dananda sen contradesu persona. Se avisadoque si usted no defiende, lacorte tomara medidas y pucae continuar la demanda en contra suya sin previoeviso 0 notificacion. Ademas, la corte puede deci& a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda Usted puede perer du-ero 0 sus propiedades u otros derechos importantes para usted. LleDa esta demanda a Yn abogaclo inmediatameute. no ffeoe abogado 0 si no ffene el dinero sYlfc/cUlcde Fagartal serDicio. Vaya enpersona 0 llameportelefono a la oficina crY" direccion se encYentra escrita abajo Fara ....rDeriguar donde se puede conse-ir asistencia legal. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 . ,\ "J j l ) :'! i;'~\. . "7 ,,,"~,," . , I j. ' THE SHAH LAW FIRM BY: Anthony L. Byler Attorney I.D. #76379 The Lafayette Building 437 Chestnut Street Suite 615 Philadelphia, PA 19106 (215) 238-1045 Attorney for Plaintiff HERSHA ENTERPRISES LIMITED d/b/a THE HAMPTON INN, CARLISLE, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. NO. {}()-J't/9 ~.~ SPRINGWALL MATTRESS COMPANY, SPRINGWALL SLEEP PRODUCTS, RELIANCE BEDDING CORPORATION, AND SPRINGWALL OF PENNSYLVANIA d/b/a SPRINGW ALL MATTRESS COMPANY OF PENNSYLVANIA, Defendants. COMPLAINT I. Plaintiff Hersha Enterprises Limited, d/b/a the Hampton Inn, Carlisle is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 148 Sheraton Drive in New Cumberland, Pennsylvania. 2. Defendant Springwall Mattress Company is, upon information and belief, a corporation existing under the laws of a foreign state, with a place of business located at 3201 Harvard Avenue, Cleveland, OH 44105. , ., I ',"I L ..1 [ ~~,~' ",'~,~ , . ~ ," .1 '! ~~i J ';1 :: i 1 1 '.",",",:," , 3. Defendant Springwall Sleep Products is, upon information and belief, a corporation duly organized and existing under the laws of the State of Wisconsin, with a principal place of business located at no Meadow Park Drive, Clinton, WI 53525. 4. Defendant Reliance Bedding Corporation is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office located at 3263-65 Emerald Street, Philadelphia, PA 19134. 5. Defendant Springwall of Pennsylvania, d/b/a Springwall Mattress Company of Pennsylvania, is the fictitious name of a corporation owned by Defendant Reliance Bedding Corporation with a registered office located at 3263-65 Emerald Street, Philadelphia, P A 19134. JURISDICTION AND VENUE 6. Pennsylvania has personal jurisdiction over all Defendants since Reliance Bedding Corporation and Springwall of Pennsylvania d/b/a Springwall Mattress Company of Pennsylvania reside in the Commonwealth and because all Defendants, including Springwall Mattress Company and Springwall Sleep Products, regularly and systematically conduct business in Pennsylvania. 7. Venue is proper because the cause of action arose in Cumberland County. FACTS 8. Plaintiff owns, builds, operates and manages numerous hotels throughout central and southeastern Pennsylvania. Among its properties, Plaintiff owns 2 ;"1";'" ! . . I T I~ -,.'. 11 ;1 ill ., 'Ii ...11.. ~; :i11 ili 'j ;11 ii, "" ., ili ili 'Ii I I ..1:, I, II ",I Ii 1,1" . "~ "' "C"__ , and operates a Hampton Inn at 1164 Harrisburg Pike, Carlisle Pennsylvania, 17013 (hereinafter, the "Hotel"). 9. In or about May of 1997, Plaintiff contracted to purchase Springwall Chiropractic mattresses and box springs from the Defendant Reliance Bedding. A true and correct copy of the invoice reflecting Plaintiffs purchases from Defendant Reliance Bedding Corporation is attached hereto as Exhibit "1" and is made a part hereof. 10. "Springwall" and "Chiropractic" are registered trademarks that are used in the marketing, sales and extension of warranties by the Defendants. II. Defendant Reliance Bedding Corporation is a licensed manufacturer of Springwall Chiropractic mattresses and box springs, and it manufactured the Springwall Chiropractic mattresses and box springs that were supplied to the Plaintiff on or about May 23, 1997. 12. Upon Plaintiff's receipt of the mattresses and box springs, Plaintiff put the same to use at the HoteL 13. One of the factors that influenced the Plaintiff to purchase Springwall products was the sales/marketing materials that it had received from the Defendant Springwall Mattress Company stating that the bedding "will measure up to the exacting standards of your most discriminating [hotel] guests," and that the bedding "won't sag anywhere, even at the edges!" A true and correct copy of some of the sales/marketing materials that Defendants provided to Plaintiff is attached hereto as Exhibit "2" and is made a part hereof. 3 J.i .,'1 .~ , :':,'!',,,..,,~, " , ..,,'.' - ~ ~~<,' ( ,',' . 14. It took less than three years of using the Springwall products by the Hotel to prove the aforementioned representations false. 15. The Hotel began to receive complaints from its customers regarding the Springwall bedding in or about June of 1999, a little over two years after the Hotel first began to use the Springwall products. 16. Customers complained of the "broken down" condition of the bedding, stating that it was "uncomfortable," and that the beds "sagged in one part and [was] hard and raised on the other." Moreover, customers complained that they "could not sleep." One customer reported that he "went to get in bed and couldn't get out. Mattress sank to middle. When I did get out and into the other bed, it was worst [sic] than the 1 st bed. In 16 years on the road, they were the worst." 17. As part of the Hotel's franchising responsibilities to Hampton Inn, it is compelled to refund the entire room cost to any customer who is not 100% satisfied with his or her stay. 18. The Hotel complied with this obligation and has refunded a sum of no less than $1,584.00 to customers complaining of bedding problems since June of 1999. That sum continues to rise. 19. During 1999, the Plaintiff investigated the bedding problem on its own and also had bedchecks inspect the Hotel's bedding. Those investigations revealed that nearly all of the Springwall beds at the Hotel showed signs of premature failure and would have to be replaced. 4 ','" ,<-" :,(,' I I i , I 1 J .I 1 i i i ;1 'J 1 , ;~ ! 1:i 'I :!! ~; ~, ;i ,; {~ :j q \1 il " \'1 :;""C---~'i '.~ , a . 20. Plaintiff communicated this information to the Defendants on or before December 1999, providing the Defendants' Contract Division with the proof of product delivery date. 21. In response to that notification, the Vice President of the Defendant Springwall Sleep Products, Craig Ostrander, informed Plaintiff by letter dated December 21, 1999 that: a) Plaintiffs information had been communicated with Defendant Reliance Bedding Corporation and its President, Jerry Dorfman. b) Jerry Dorfman was aware of the problems at the Hotel and would contact Plaintiffto personally inspect the entire property. c) Springwall had made modifications to the line of mattresses and box springs supplied to the Plaintiff one year after the Plaintiff s purchase. d) The modifications were made to the increase the longevity of the entire bedding set. 22. Mr. Ostrander also provided Plaintiff with a copy of the Defendants' ten-year limited warranty (the "Warranty"). A true and correct copy of the Warranty is attached hereto as Exhibit "3" and is made a part hereof. 23. The Warranty was known to all Defendants, benefited all Defendants, and all Defendants are bound to uphold and afford relief to the Plaintiff under the Warranty. 5 I. "./1 "<,,,," , .1:, I: , 'j~ ',~ "I ii: '/ ji:j i ,:i:: -,,, ~i'i ii i:i "! ~i i ,:. 1: ':: '11 1;'1 1":1 ';"'!lU :'0"" "_.---0 " . 24. The Warranty provides, in part, for "repair or replacement at SPRlNGW ALLS [sic] option, exclusive of one way transportation costs." (Exhibit "3"). 25. Notwithstanding Mr. Ostrander's representations in his December 1999 correspondence, Defendant Reliance Bedding Corporation, and its President, Jerry Dorfman, failed to make arrangements to inspect the Hotel. 26. On March 20, 2000, Plaintiff again wrote to Mr. Ostrander and offered the Defendants an opportunity to mitigate their damages, informing him that no one from Reliance Bedding Corporation had inspected the property, and that the Hotel was being forced to honor its 100% satisfaction guaranty. 27. Once again, months passed and none of the Defendants complied with their promises to inspect the property. 28. On May 8, 2000, as a result of Plaintiffs continued prodding, Jerry Dorfman of Reliance Bedding Corporation represented that he would promptly inspect the mattresses and box springs at the HoteL Mr. Dorfman was made aware that the Plaintiff was entering its busiest season of the year and that his inspection needed to take place immediately. Mr. Dorfman indicated that he could perform the inspection within the following week and a half. 29. Dorfman's representations were either knowingly or negligently false when made. 30. On May 31, 2000, three weeks after Dorfman's representations, Plaintiff was again forced to contact Mr. Dorfman to remind him of his promise to inspect, and 6 ,';,,1,,; ."",'", J to inform him that Plaintiff would commence a suit against the Defendants in the event the inspection did not take place within the next seven days. 31. Mr. Dorfman again agreed to inspect the Hotel, but was not able to so until June 14,2000. 32. By letter dated June 23, 2000, a true and correct copy of which is attached hereto as Exhibit "4," Mr. Dorfinan acknowledged that he had "found that there were forty-one queen box springs that were either broken or had an unacceptable set in the coils," noting that "there were also nine king box springs in the same category." 33. Notwithstanding this acknowledgement, Dorfinan apparently attributed the defects to Plaintiff s alleged failure to properly rotate the bedding. That allegation is false. 34. Plaintiff has utilized the mattresses and box springs for their intended use, and Plaintiff has adhered to the turning instructions supplied with the mattresses. Attached hereto as Exhibit "5", and incorporated herein, is a true and correct copy of the Hotel's mattress records for 1997 through 1999. 35. Even though Plaintiff conscientiously complied with the applicable turning instructions, by the end of the third quarter of 1999, the box springs had broken and the mattresses sagged regardless of the direction in which they were flipped. 36. Despite Plaintiffs numerous good faith efforts to report the defective Springwall mattresses and box springs to Defendants, the Defendants failed and refused to provide any remedy. 7 :i-,",~ . ,,~. " ,"-" <""J"",';,I;,;; , :',';'^",;".', 37. As a direct result of Defendants' conduct, despite over nine months of good faith actions by the Plaintiff to rectify the problem without commencing legal action, the Springwall mattresses and box springs continued to deteriorate and continued to cost the Plaintiff room rebates to customers who were caused discomfort from the Springwall bedding. In fact, the defects in the mattresses and box springs became so severe that replacement became the only option. 38. As a consequence of the bedding defects, the Hotel has been forced to replace all of the Springwall mattresses and box springs at a cost of$ 38,326.42. Attached hereto as Exhibit "6," and made a part hereof, is a true and correct copy of the Hotel's invoice reflecting the cost of the replacement of 143 queen and 22 king size mattresses and box springs. 39. In addition to the above invoice, Plaintiff was earlier forced to replace 4 queen-size Springwall mattresses and box springs at a cost of$ I ,026.00. COUNT ONE Breach of EXDress Warranty 40. Plaintiff incorporates paragraphs 1 through 39 as if set forth at length herein. 41. At common law, and under the UCC, representations made by a seller of goods in sales/marketing materials constitute express warranties. 42. As explained above, the Defendants expressly warranted in their ') , i' :/ I sales/marketing materials and in the Warranty that: , ~ I Ii 8 Ii 1! '!:'-', " ~ , -' ..~, ",~? >", ',"'-: "t", ",' -, ",:"~,~,,,' a) The Springwall bedding would assure more comfort for the Hotel's guests. b) The Springwall bedding would measure up to the exacting standards of the Hotel's most discriminating guests. c) The Springwall bedding would give the Hotel's guests comfort and a good night's sleep. d) The Plaintiff would sleep better knowing that its Hotel's guests are asleep on bedding manufactured by the Springwall Mattress Company. e) The Springwall mattresses, box springs and foundations have been manufactured to the exacting standards required for contract use. f) Any defects occurring in the product other than the ticking would be covered by Springwall's service policy. g) The service policy would provide for the repair or replacement of defective products. h) The bedding was covered by a ten (10) year limited warranty stating: Three (3) years initial warranty period; if service is required during the fourth through tenth year after purchase, such repair or replacement will be made at a charge of 1/10 of the current price of the item being serviced, times the number of years owned. 43. The sales/marketing materials and Warranty were issued by and/or known to all Defendants, benefited all Defendants, and all Defendants are bound to uphold and afford relief to the Plaintiff under the same. 9 .1, ~.' , ., " :..,;.:,L " ~ ,":('",.,.'C: - ~~ , 44. As explained above, the Defendants' Springwall products began exhibiting signs of defect within the first two years of Plaintiff s ownership. The Plaintiff notified the Defendants of those defects and gave Defendants an opportunity to inspect and to cure their product deficiencies within the first three years of use. 45. Notwithstanding Plaintiff s efforts to obtain warranty relief from the Defendants, Defendants have improperly denied all such relief and have breached each of the express warranties noted above. 46. Defendant's hesitancy and failure to timely address Plaintiffs warranty requests resulted in the further deterioration of the defective mattresses and box springs to a point where they could no longer be repaired, and had to be replaced. 47. The mattresses and box springs are defective due to the actions of the Defendants, including but not limited to defective assembly, defective materials, defective engineering, as well as failure to investigate, repair and replace. 48. As a consequence of its actions, Defendants are responsible for, among other things, the replacement costs of the 147 queen-size mattresses and box springs, the 22 king-size mattresses and box springs, and the sum of all hotel room rebates paid by the Hotel as a result of the defective Springwall products. 49. Plaintiff satisfied all conditions precedent to prosecuting a claim against the Defendants for breach of warranty. WHEREFORE, Plaintiff demands judgment against Defendants for breach of express warranty and requests relief in the form of: 10 ,,,,C'. . ~] '''', " 'j"" , ~ ,-," ^, ,-,,','..,-,"' , a) Compensatory damages to cover the cost of replacing the 147 queen- size mattresses and box springs, and the 22 king-size mattresses and box springs; b) Consequential damages, including the sum of the Plaintiff's lost revenues; and c) Any other legal or equitable relief the Court deems just and proper. COUNT TWO Breach ofImplied Warranties under the Common Law and UCC 50. Plaintiff incorporates paragraphs I through 49 above as if set forth at length herein. 51. The Springwall mattresses and box springs that Plaintiff purchased from Defendants are "goods" under the Uniform Commercial Code (the "UCC"). 52. Defendants are "merchants" under the UCC with respect to the sale of bedding materials. 53. Defendants, at the time of contracting with Plaintiff, had reason to know of Plaintiffs intended purpose and use ofthe Springwall products, and that Plaintiff relied on Defendants' skill or judgment to select or furnish suitable goods for use in the HoteL 54. The UCC implies in every sale of goods a warranty of merchantability. 55. The UCC implies in the contract between Plaintiff and Defendants the warranty of fitness for a particular purpose. 11 .'" I. " ,. 56. The Springwall products sold and delivered by Defendants to Plaintiff failed to satisfy these implied UCC warranties of merchantability and fitness for a particular purpose. Specifically the mattresses and box springs failed to meet and satisfy the aforementioned representations set forth in the Defendants' sales/marketing materials and express Warranty. WHEREFORE, Plaintiff demands judgment under the common law and under the UCC against Defendants for breach of the warranty of merchantability and for the breach of the warranty of fitness for a particular purpose and requests relief in the form of: a) Compensatory damages to cover the cost of replacing the 147 queen- size mattresses and box springs, and the 22 king-size mattresses and box springs and; b) Consequential damages, including the sum of the Plaintiff's lost revenues and any other legal or equitable relief the Court deems just and proper. , 'I COUNT THREE Breach of Contract and of the Covenant of Good Faith and Fair Dealing 57. Plaintiff incorporates paragraphs I through 56 above as if set forth at length herein. 58. As stated above, in or about May of 1997, Plaintiff contracted to purchase Springwall Chiropractic mattresses and box springs from the Defendants Reliance Bedding. 12 '"""", ,I "'," 'j ::i ;i 'I I , 'j ''''",,",~''i' ",'''^, "~"":' " ,1""'~~''''''': -, 59. Plaintiff performed all obligations that it owed under the contract. 60. As explained above, however, Defendants failed to provide bedding products that complied with the representations made in Defendants' sales/marketing materials, and then failed to give timely and proper relief under the Warranty and implied warranties. 61. Since the representations in Defendants' sales/marketing materials, the terms of the Warranty, and the terms of all implied warranties at common law or under the UCC, are conditions of the sales contract between Plaintiff and Defendants, Defendants have breached their contract with the Plaintiff by failing to afford proper and timely relief to Plaintiff for the defects in the Springwall mattresses and box springs. 62. By providing the aforementioned Warranty, by making the aforementioned representations in its sales/marketing materials, and by the implied warranties prescribed to them at common law and under the UCC, Defendants covenanted that they would act in good faith and deal fairly with respect to the performance of its duties set forth in these warranties. 63. Pursuant to this duty of good faith and fair dealing, Defendants were legally required to promptly, substantially and sufficiently perform all of their obligations set forth in the aforementioned warranties. The duty of good faith and fair dealing also specifically prohibited Defendants from placing their own pecuniary interests ahead of Plaintiffs rights and privileges set forth in the warranties. 13 ,",' <,," 64. The duty of good faith and fair dealing also prohibited the Defendants from engaging in any behavior that could injure the Plaintiffs rights, privileges or interests that were protected by the warranties. 65. Defendants' conduct for the past nine months, including their repeated refusal to timely inspect and to repair or replace Plaintiffs defective Springwall products, constitutes a breach of this covenant of good faith and fair dealing. 66. Defendants' continuous and repeated bad faith and unfair conduct has directly caused existing defects in the mattresses and box springs to expand, multiply and cause severe and irreparable damage that could have been avoided if Defendants had acted conscientiously and in conformance with their good faith obligations. 67. Defendants' failure to deal fairly and in good faith with the Plaintiff has directly aggravated the damages originally caused by the aforementioned defective bedding materials. 68. As a result of Defendants' bad faith conduct, Plaintiffs original bedding problems have expanded to the point of causing serious economic threat to the Plaintiff s business, its reputation and ability to adequately operate the Hotel. 69. Plaintiff has made repeated demand upon Defendants to cure their breach of contract and breach of the covenant of good faith and fair dealing, and all have refused and failed to do so. 70. Plaintiff has satisfied all conditions precedent to commencing this action against Defendants. 14 :~"'~,,~ : I n' , ,~ '''-~, -' ~ .' WHEREFORE, Plaintiff demands judgment against Defendants for breach of contract and breach of the covenant of good faith and fair dealing and requests relief in the form of: a) Compensatory damages; b) Consequential damages; c) Punitive damages; and d) Any other legal or equitable relief of the Court deems just and proper. Respectfully submitted, By: Ant ony L. The Lafayette . d' g 437 Ch Street, Suite 615 Philadelphia, PA 19106 215/238-1045 to(~I~ r 15 : ~'[ii!jl. <^ ,. , ~,~ ",., ,"<'<. '^"' ," " ~ nx' FROM : HERSHA ENTERPRISES , .."....."..1.~!.~~J2_ea~, ,~'Q~r17 '2115-'2.'3a-~1,~7 FAX NO. 717 774 7383 THE SHI\l1 LAW n""1 Oct. 26 2000 10: 35A~i Pi1 PAGE 1 3 VERIFICAnON I, Raju Gandhi, verify that 1 have knowledge of the facts giving rise to this laWSllit, and that r llIlI mllthorimllO PIOVide this Verification. 1 further verify that I have read the foregoing Complaint, and, to the best of my knowledge, infol1llation and belief, !be facts set forth in the Complaint are true and correct. I understand that the statements in the Complaint and Ibis verific:ation are made subject to the penalties of 18 Pa.C.S.A. SectioJl4904 relating to UIl5Worn talsifJ<latiollll to authorities. ~ . i i I i '. ~,~ >--. .j "",' I' 'f "-- ~,' - ~ -. '. ", 148 SIl1lUTUN OIIVO.Bult ^ Nl!wCl1M!I!IIJ.",UJ,P^ 17070 eM.lAILAM (111) "'91-144~ runrm (117) l1C.2<106 fAX (711)710.0161 F.'MAI'" ~jAY 19t'.7@hCllmQlI.com . I HERSIIA CONSTIlVCfION l:OMrAl'IY HE1lSIIA HUTllI, Sur,I.Y.INc. UINERAL CONTa"~ORS. DEVII.DrERS ANP "1:1 AJAY V. PATtI, fUMN(lAl. COHTRm.tt1r f' --S~ C<- \ NI\)';3- _ Reli~"ce Bedding Corporation r-:----.. ' Spr;ng~JaII" " -. "J'F ~",,4'; .1!!!UD1t .....N. (215) 426.6665 MATTRESS COMPANY OF PENNSYLVANIA DIV. ~ ,\ ""'\""'" Q'''<4C, (215) 739-9900 C \I)'),," 3~37 0 STREET. PHILADELPHIA. PA 19134 F4X 1?1IIl7'Cl..cq HERSHA ENTRPRISE LIMITED 148 SHERATON DRIVE \lOX A NEW CUMBERLAND PA 17070 s 0: l I " ---.............--...-.. ~Ii' J.J~ ---- '\'\0 - d-.~Q ~ X';l..\ INVOICE DATE c:37~ INVOICE NO. -...----..l;'li c; REMIT TO; Rellence Bedding Corp. 34a7 0 STR~~T PHILADELPHIA, P^ 1913~ lSJ.\URt> H05PITI~LITY HRMPTON INN 1& PR TURNPIIIE 717-'170-0:/,0& ISLE, 1"(.1 17013 :COVNT NO. 704050. TERMS OVR SALESMAN SHIPPED VIA ..- ....... (lI1Q~~_1j9~ --......--,- ...-.. ......-..---...----...-- NET 30 44515 301 OUR TRUCK '.- ... CUSTOMER P.O NUMBER QVA . ~rEM c.ill1I! M'E~ 150 1000 150 2000 DliSCRIPTION cs;:e~~t ci.i'i RO~RACTic-"" HOTEL 5/0 MAT MADISON CS-20-T CHIROPRACTIC 5/0 HOTEL BX5P *H* MADISON C5-20-T CHIROPRACTIC HOTEL 6/& MATT MADISON CS-e0-T CHIROPRACTIC 9XSP 3/3xB0 HOTEL *H* MADISON l:l1 !Sill 5121 2& a& 1000 sa. 52 200121 I I I I J.... ..'._ .... IMs'i if:OAMJ\tJED ~ftCN"NOISE Musr Of M40E IflN':", 'HQUAS llf:rER OE'L/Vfnr. NO qlG/C UPS "(fEN ".~ AND '2~3D P,M, PICK UP TIMFS lIEn\lt~H A:M.,:,'QO,~.M~,{~,~~i:',:\:f,:~:, ':.' " "MCE CHARGE ~ "4" Pe'A MDNTI~ (18"1. fY.n YEAfU t::~'f~~ttf~~~T, ~" ,'",,' . ..-..-,.-.... f:F~r.;/.~/',"';: "!:~hi, .~!)jV 1!.~IL . I.,", i' i (jIV ,';,. r I :~I :! SUD.TOTAL. CO.OP I\MC)UNT '.~&J-:00~ __~.N.~,__,__..~ '~l1,~ , .~- ,'1' UNIT PRICE UNIT PM EXTENOEC AMOUN 134.4Ia EA ---:00 20,172.00 72.42 EA .0121 l0,a&3.00 180.70 ER .00 41, &qa. <::0 48.&5 ER .00 2,529.80 ~ I ).O()'O ,-tI 011. 1 2. ~ '- '1--'" II ["\.1 :l. 1 F~ttQHT ._--,-- TA\.,PtfCl& ti,ttY.OIc:l.~_ 378 .. --~~~~ 3B, <::&3. '!l)0 I I"t.,..c-o J .00 ..-otc7~ 2..1o.Z...1'''- .. "" ::IENTIFICALLY DESIGNED, WITH MANY NIQUE CONSTRUCTION FEATURES, PRINGWALe BEDDING ASSURES YOU LONGER RODUCT LIFE, AND MORE COMFORT OR YOUR GUESTS. , A TOTA~ SYSnM LEEPING SUPPOIlT. IT WON,. SAG ANYWI\EIIE, EVEN IT ADJUSTS TO_ AT nt!' EDGESI VARYING BODY WEIGHT. ~6~ :;~::I~ES ~ FOR ADEQUATE IT IS QUALITY INTERNAL VENTILATION. CONSlRUCTED. ~, 2 3 ~ ;1' ~.! , As a professional purchasing ,i nt, you are responsible for the products :1 t will measure up to the exacting standards 'I'/our most discriminating guests. Your guests " nand comfort, and a good night's sleep. . . and that's ! ctly what we can give them, with Springwall@Bedding. 1 We're proud of our products, and with our 40 years experience :1 naking America's finest, hand-crafted bedding, we're confident that we I provide you with everything you've ever hoped to find in sleep products. i .You'lI sleep better, yourself, knowing that your guests are asleep on 11dmg manufactured by the Springwall@MattressCompany. MATTRESS COMPANY COMMERCIAL i'\~1"'l, ' ~, ~ , , """""'~ ^"j~pII~~""""'1II""'i" CHECK THIS LIST OF SATISFIED CUSTOMERS WHO DEPEND ON SPRINGWALe. .. rHESE HOTELS AND MOTELS ARE GETTING MORE GUEST NIGHTS PER MATTRESS DOLLAR, WITH SPRINGWALI!. \capulco Hotel, Atlantic City ~irport Mariana Hotel, Los Angeles, Car. ~i9onquin, New York, N.Y. ~'cine Inn, Warren, Vt. ~rlbassador Hotel, Los Angeles, Cal. ~r:'ericana Hotel Miami Fla. ~t~n e ote, enny un port, e. '5,fO Motels, Western U.S. \:ranta Cabana, Atlanta, Ga. ,:Iantic Motor Inn, Gloucester, Mass. larclay. New York, N.Y. liltmore, New York, N.Y. :apitol Motor lodge, Cover, Delaware :&pp Towers, Minneapolis. Minn. :asino Beach Hotel, Atlantic City :r.ateau Aspen, Aspen, Col. :ha:eau Blanc, Aspen, Col. :r.ateau Dumont, Aspen, CoL :hateau Roaring Fork, Aspen, Cot. :ommander Hotel, Cambridge, Mass. :ommodore, New York, N. Y. :ondado Beach Hotel, San Juan, P.R. .oora I ton ate, lcago, . :oonamenett Inn, Falmouth, Mass. :osmic Age, Disneyland, Cal. :urtis Hotel, Mt. Vernon, Ohio :urtis Hotel, Minneapolis, Minn. )eauville Hotel, Miami Beach, Fla. ":1,[!l\~"",~< ~lIl'!''l1-'"t:i'1'<r'':'1''lil~lli1Im1i~~~ Deshler Hilton Hotel, Columbus, Ohio Dinkler.Tutwiler Hotel, Birmingham, Ala. Diplomat Hotel, Detroit, Michigan Diplomat Inn, Hallendale Doral Hotel and Country Club, Miami, Fla. EI Cortez San Die 0 Cal. xecutlve ar otor ate, t anta, a. Fairfield Motor Inn, Fairfield, Conn. Fiesta Motor Inn, Willowgrove Flanders Hotel, Ocean CitY Flamingo Hotel, Las Vegas, Nev. Grand Motor Lodge, Wildwood Crest Hand Motor Hotel, San Francisco, Cal. Hilton Head Inn, Hilton Head, S.C. Hilton Hotel Valley Forge, King of Prussia, Pa. Hilton Hotel, VictorvTlle, Cal. Holiday Inn, Atlanta, Georgia Holiday Inn, Jefferson CitY, Kans. Holiday Inn, Lawrence, Kans. Holiday Inn, Topeka, Kans. Hotel LaSalle, Chicago, III. Hotel Reforma, Mexico CitY, Mexico owar 0 " . Howard Johnson, Thousand Oaks, Cal. Howard JOhnson, Van Nuys, Cal. Houston Oaks Hotel, Houston, Texas Hyatt House, San Francisco, Cal. Hub Motorist Motel, Philadelphia, Pa. Indio Hacienda, India, Cal. International Hotel, Las Vegas, Nev. Inn of Tomorrow, Disneyland, Cal. Imperial 400 Motels, Western U.S. Jefferson Hotel, Atlantic City Jug End Barn, So. Egremont, Mass. Jack London Inn, Oakland, Cal. 1'I1~l1ill~'lliil""~""~~",,,,",I~WI'-m;n,I!"!lI'~ ' Keystone Motel, Morro Bay, Cal. Lafayette Motor Inn, Atlantic City Las Vegas Hacienda, Las Vegas, Nev. La Salle Hotel, Chicago, Ill. Udo Motel, Atlantic City Mt. Washington Hotel. Bretton Woods, N.H. ecea ote, lsney an , a. Miami Airport Motet, Miami, Fla. Monticello Best Western, Bel!mawr, N.J. Northstar Hotel, Minneapolis, Minn. Northgate Ramada Inn, Seattle, Wash. Portland Ramada Inn, Portland, Ore. Palmer House, Chicago, III. Prince George Hotel, New York, N.Y. Plne Cone Motel, Modesto, Cal. Pomegranate Inn, Aspen, Col. Ramada Inn, Janesville, Wis. The Ramada Inn, Lake George N. Y. Ramada Inn, Portsmouth, R.1. Regency Hyatt House, Atlanta, Ga. Riviera Hyatt House, Atlanta, Ga. Roosevelt, New York, N. Y. Sugarbush In~, Waitsfield: Vt. Stewart Hotel, San Francisco, Cal. Sheraton, Los Angeles-Milwaukee Sheraton Regal Inn, Hyannis, Mass. Sands Hotel, Phoenix, Ariz. Sands Motel, Venmor, N.J. Sands Motel, York, Me. Senator Motel, Augusta, Me. Safar Motel, Princeton, N.J. St. Paul Motel, St Paul, Minn. St. Francis Towers, San Francisco, Cal. Sherry.Netherlands, New"York, N. Y. Sherry-Frontenae, Miami Beach, Fla. '-I",,""""~-'f"""'" ~~ Tropicana Hotel and Casino, Atlantic City Tropicana Motel, Fresno, Cal. Tropics Motor Hotel, Palm Spring5, Cal. The Abby, ,Fontana, Wis. The Pioneer, Oshkosh, Wis. The Drake Hotel, Chicago, Ill. e ra e a roo, a roo The Moors, Provincetown, Mass. The Radisson, Burlington, Vermont Vagabond Motor Hotels, Cal. Vagabond Motor Hotels, Ariz. Vagabond Motor Hotels, Nev. Voyager Beach Motel, Daytona, Fla. Warwick Motel Inn, Warwick, R.1. William Hilton Inn, Hilton Head, S.C. Westward Towers, Anchorage, Alaska World International Hotel, Atlantic City ~ ( "r ."~. MATTRESS COMpANY COMMERCIAL ~'~.f"" _ ,,,.1 tW""'--'- UI.o.UU"'I"~ 1"001:. el2 ~ "."~.MI Contrtlct Division Limited W tlI'rtlnty , '" I Our mattresses, box springs and foundations have been ~ to the exacting standards required for c:mitr1Qt lISe. We anticipatei:lo defects in materials or worlanaDship. However, if such defect w= to occur in the proG\lct other than the ticking, our service policy covers both mattress, matchmg box spring and foundation wben purchued and 1.lSed in sets. . Our service policy relates only to defects, which are due to faulty workmanship or defective materials ancl not to normal wear. Body Impressions are normal and are'not covered by this . , W81'I'IU1ty. Our policy provi~ fOr repair or repla~ at SPRINGWALLS option, exclusive of ODO way transportation c081s. If identioal materials are not available at the time of repair or replacement. we reserve the right to substitute~. of equal quality. If an upgrade is available or desired, this option wiD be discussed With the property. Gll ClliroprtJCtlc. Series / Ten (10) Year Limited Wamuty lhree (3) yeIB initialWlimulty periOd; if servWc is required during the tinlrth through tenth year a&r purcbase, suc:h repair or rcpIao""""lt -will be mad. at a chllrgc ofl/IO of the c:urrent price. of the item bciog serviced, times the nwnber of)'elU'S owned. For warranty to be valid, queen and king size bedding requires a metal bed frame (or bed base) that provides rigid center support. Failuro to use PJoper bed frame support, improper . care or indi_ons that the bedding bas been bumed,~ solled or received obvious abuse will result in the loss of the service policy privileges.:,. .: . ,'-~' To obtain fuIffiIment ofthiJ Llmited Warranty, contact your sates agent or the SPltlNGWALL Contraot Division. You must provide prnof of delivery dare and an explanation of the defuct or F.Oblem. The contra.ot division will.mange for an inspection and corrective action, if it is to be taken, under pro~ions Of~8~Wammty. ....;' ,I :'1 ,,' ,. · The ~urn:aI c:ontract selling pric:o of lhe product mocIeJ to be baSed OIl tluI cuni:alsclliug price of. Qomparable modo! if the oriJinaI model is 110 1_ maJIlIf'actured. . S~Sl,,",,~ : '120 _ PllkDrlwe, QImuO, Wl '3'" ; :'-"" ~f~~", , I < FROM : HERSHR ENTERPRISES FRX NO. 717 774 7383 707-014 Jul. 102000 10:18RM P2 RELIANCE BEDDING CORPORATION 3437 D STREET PHlLADELPHIA, PA 19134 (215) 739-9900 FAX: (215) 739-9906 s/ . '#110 11"""" ~ Makers of the Famous ~Sleep Systems June 23, 2000 Mr. Tracy Kundey Hersha Hotel Supply, Inc. 148 Sheraton Drive, Box A - New Cumberland, PA 1707 Mr. Kundey: On June 14, 2000 I personally inspected all the bedding in the Hampton Inn, Carlisle, PA. I found that there were forty-one queen box springs that were either broken or had an unacceptable set in the coils. There were also nine king box springs in the same category. I also noted that all but a "handfui" of the mattresses and none of the box springs had "ever" been rotated. Your manager, Tom, who has been there a few years said he remembered them being turned a few years ago. I doubt they were ever turned. Even if they were turned once as Tom said, that is certainly inadequate care for any bedding from any manufacturer. There are tuming labels right on each mattress. Box springs should also be rotated at least twice yearly. Proper management in maintenance procedures would undoubtedly give your bedding a much longer lifespan and a more comfortable stay for your guests. Springwall's warranty specifically requires proper care (tuming) of its products to . obtain warranty'service: . . Sincerely ..... h P...7................................ -::.:/"'~"'''' --.-.- <:::::. Jerry Dorfman President Reliance Bedding Corporation JD/md 'fT. ~., . . , oa/l0/00 l1:U :=$:ttftl& . - FAX 717 248 8148 IWIlTON INN .. .- ---- .".._. .,. ...... IIERSIA FSO III 01 \ ......., MATl'RESS ROTATION SUMMARY ,qql , I v.... ''-': : .....u. J _._ , PIP ..L of.2... ". ',--, '-......: DiIiIi "'fc,m, '^ " T. "T . " C1A~1'lllII III .0- 10..;" ... !to<' .. "" If I ID" .." I ..'" ..., It, lit 10." 0' 11I-' 10- ...., .:.~, . '. .'-- . \ ~.. ',-- '- '"f.~~"''''' OMIO/OO 11: ~8 ~ . FA! 717 248 1141 IWIPTON INN _.. BBRSJIA FSO IZi02 '. OA -.-- '",., .......---...-.. .-. .......,. ',' MA~SS ROTATION SUMMARY "C\,' . I . y.., Pap 2of~ , . ,,;S- ~"'IU.DIf QfIIl - , , ~ ,.,,~. ~ . ~ ~ " ~,,' ' T" ~.". " '-- . ~. ....:::- ~, p' 0&/010/00 11;38 :s9,l1Ul '. " FAl TiT 249 elt& . .. ---... ',-.. IWIPTON INN ..... IIIlRSBA FSO '. MATTRESS ROTATION SUMMARY , l:\ "'~ Plee ....L of ...2- Vw " 1~~rW " ..., "'I I- . .-- '~, '," '. L ~ ., , " .r" ,,",,,,"J! I" :'\1i[ ," I..' !' 1.1. ': 1-1. .~ lB' -~ DiIij . - .. I. . '~- .. -, -, " ,....~ we -~ ,,~ . "\ . -. -I -I. :! ::, ,. ., -I -\ - . , I. S-'. ,. , . .. -~r . :. . ,. I- I.. 7 L,~ . ,~ ,. c.. "T. -, - ....., . ,,- .. , ,<4 .... ;, .. y '-' - .. .. :!-- /D-' .-:1, ~.... ..).. It- .. 'lll 10. .. I -I ;;.- -, II' . -I ~ ~ ... -, "., - ~ J.. .. ~ :~ 1- ,- ....,. ''''1 \-., .-, I- I- ,- -. t-,l. 1'"1 '.... .../' ~ "'\ ''''' -, I' , I ...., '-I I-I -\ , /- -/ ""'"'1'11.,1 . - -.l~ WI!- ~ . .. ':1."2, lL-'l # .. :I': ~ I .. .. -/ ~, 41- ~.. .,..;.,- -..... .' .,.;z: . "..c. ,.., ... .... .. ..' .,.., .,." - "" .,., - ,- ~ '" , -.- ..... rai03 fa. --~,--- ,., ", 1t "'"" ~ o~ .. . ~i- ~- --- ~...- ~.. '- ~- 0- (j- ~.=l,.... e~ ~~ ~~!- ':-. -..... o. ~- ''?i - fI- '5:~ ~.... ...... , ~,,~" "1"" ,''- . ~., '- '- ~O$!l " MATrRESS ROTATION smviMAa.y ~. ~ OM10/00 11:38 !!<luua . FAX 717 249 5148 IWlPTON INN .. ,- .-- " .,-~ . . -- . .. -". ", . , v.... Pa._ I i! !!' gll1N'~ . - l.-.a__' 'r., . QUI 0. ~ , ..... IlERSBA FSO ItJ04 CM --. "'IllI Teal "'. :tot"- " "" , 08/10/00 11:38 Hq,l1U& -- '. FAl 111 249 $14$ IIAIIPTON INN ..... IlERSIL\ PSO 1ill 0 S '. QA "',....."" Tool '. .. .-....-...... "" Vw MA'ITRBSS ROTATION SUMMARY I~~" . ..L..l. Page -L of-'==- , '-' ~. ., - ,- yo . . ,- Iw "I . - - - . - ... -, . . , - "" -. ., . -I ~' ...... ......... QlIIlI - 0. ;~~,~ ~ ' ., "' , "1 " -', ,',,-, . ~'" . "-- '- :~jIl.,~,.. ,~ , FAX 717 249 5148 RAlIPTON INN ...... IIERSBA FSO "'. M If u-7lIaI ,. '. ..1._.... . ..-_. . .. ~. . . MATI'RBSS ROTATION S~y I '\ "\&l . " 'a., .2-ofA, . I y.., ~ Z~.s- aut ,,'r' r ~ LIf QiIii - "',~ ,. .., ~ " "I , , tal os .. t. ", .f Bersha Hotel Supply n 148 Sheraton Drive, Box A New Cumberland, PA 17070 Phone: (717) 770-2405 Fax: (717) 774-7383 INVOICE .. , DATE INVOICE # ..,'- _.OM 811012000 00.941 -" ~ BIl.L TO SHIP TO Ha"'pton InnlCarlisle 1164 HarrIJburg Pike Carllsle,I'A 17013 Hompton blllie.rU.I. 1164lUrrlJbut'JI: Pike C.rlisl., PA ,17013 QUA ........ .~." BER TERMS ... ..- Net30 _...~ NTITY ~~,.. - 143 Queen Si.. 22 KlDll Size Mat FREE FREIG QUEEN SETS DELIVERED $III.. T.. :::'1 ::. @t I.A= 'o'~-1 "0.,,, DESCRIPTION' --r-;;;e EACH I AMOUNT Ma~ a BOJlprlng;SeIJ 'Dia",on"AWRrd-u+---=r09'OO I -_.- %9.887.00T It... "Boaopringo Sell "DIamo." Awar" U" Z85.00 6,Z70,OOT HT ALREADY DEUVERD. %Z KING SETS BEING ON 8/11100 AM. 6.00% 2,169.42 P.O. NUM 00.711 I.. ._ I I I I -----.---1 838,326.4% I ,I T- J Total ~ .~l>> TI; " ~",' .,," ~ I-~," , ~ ~~ ~. ~. ~ & ~ ~ " .~ H ~,,~ ~. , 1 0, \~ lij i, " ~""'MIi:C .' n _ ~ <::::> o -... ['5 ~',- I <..J '~;:J c) , 1, ~~~2 ~~ L5Cf'1 ::;::1 55 -~ (') c: <"' ""t':Clj rnp-, Z:r',' Zr' en;J> -<: ;.,?:" ~c~ ~O --0 Pc: 2: -I -< :t:;1.. ~ .~ ''''4, ~" J!I!l!:,tiIi,"ll'~~""~"~:!'il'll~-HW,lW'1~'5!'~~>j;~~IlllW"~1ii!i:~I""lJ!\"'\I!f"jf""f'~;,.,q";-"'-" '''''-''''''''''~~h~j\',~;::'n''''''r^~'J~om~W'''''li'!l:l'~l',1'l~l'li'll~~~~!E,",,~ _f" ,,~~~l(l";';