HomeMy WebLinkAbout01-4610COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag Dist· No.:
09-3-04
DJ Name: Hon.
THOMAS A. PLACEY
A~d~..s: 104 S. SPORTING HILL RD.
MIICHJ~I'I CSBURG, PA
Telephone: (717) 761-8230 17050
THOMAS M. KINNEY, SR.
211 BEAVER DHIVE
MECHANICSBURG, PA 17050
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
F~ Judgment was entered for: (Name) KI__ _~7~', SR., THOMAS N
Judgment was entered against Sq~A~m~ f,~
[] Landlord/Tenant action in the amount of $ 2,490.94 on 6/19/01
The amount of rent per month, as established by the District Justice, is $
The total amount of the Security Deposit is $ 696.00
7~ . 01- '.~&,lO C.tu~ 'T,~.~.
NOTICE OF JUDGMENT/TRANSCRIPT
RESIDENTIAL LEASE
PLAINTIFF: NAME and ADDRESS
FKINNEY, SH., THOMAS M
211 BEAVER DRIVE
MECHANICSBURG, PA 17050
VS.
DEFENDANT: NAME and ADDRESS
FSTAMM, LEE
53 HEISEH'S LANE
CARLISLE, PA 17013
L J
Docket No.: LT- 0000286- 01
Date F ed: 6/05/01
in a
(Date of Judgment)
8~.8.26.
Rent in Arrears
Physical Damages Leasehold Property
Damages/Unjust Detention
Total Amount Established by DJ. 010ess~Security Deposit Ap[tiLed = Adjudicated Amo.usb
$ - .uu = $
$ 2,396.94-$. .00 = ~ 2,396.94
$
Attachment Prohibited/
· Victim of Abuse (Act 5, 1996)
This case dismissed without prejudice.
Possession granted.
.oo -$
Less Amt Due Defendant from Cross Complaint
Interest (if provided by lease)
UT Judgment Amount
Judgment Costs
Attorney Fees
Total Judgment
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
_00
$ .oo
$ _on
$ 2.~9~_94
$ 94.00
$ _oD
$ 2,490.94
Possession granted if money judgment i not sat~sT~ed Dy t~me Of ewct~on.
Possession not granted. [] Defendants are jointly and severally liable.
iF-] Levy is stayed for days or I~ generally stayed.
---]Objection to Levy has been filed and hearing will be held:
Date: Place:
Time:
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR Pu~ESSIuN WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES.TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JI~IDGMENT IN WHICH TO FI~.E..~NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON P~, CIVIL DIVISI~ /~ )
THEPARTYF~L~NGANAPPEAL~D~AC~Y~¢~N~MENT/T~AN~cR~TF~RM~H~HEN~T~CE~FA~PEAL~~-~ (~J--C~I Date ~. . _ L~,7~ , District Justice
I certity that this is a_~,~rrect copy~lof,t4qe r~cord of the~oe~dings containing the judgment.
In-[ C~-O( Da~'e " V[~. ~ , D str ct Justice
My commission expires first Monday of January, 2004. SEAL
VS.
N. L~ Stem,
.......................................... ~;v-
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Judgment in favor of Plaintiff on durle ]`9! 200].
................................ for $-2~A9D.. 00
No. __0_1_~4__6_10 Civil Term, ~j~ 2002
Entered - - --JLID~a ~ J~9_ ..................... ~_ _2_ Q_0_l
Thcmas M. Kinney. Sr.
................................................................................................... Plaintiff
in the above Judgment, do appear and acknowledge that I
this day k:.:c
f .......... ~-*~k~u .......................
~ ~ ~3~ ~$'~ N. Lee ~ " desire~that
satisfaction ~ be entered upon ~e records ~ereof~ ~e.~ ~ ~l~.~j c(-~ ~j
And luther, I do he.by au~oHze and empower ...... ~_~ ...................................
.................... ~ePro~onom~ of said Court, to appear ......................... ;
and ~ ~ n~e and s~ad to enter full sa~facfion upon ~c record of said Jud~ent, as f~ly and effect~lly, to all
inten~ and pu~oses, ~ I co~d were I personally present in pe~on to do so. ~d for so doing ~ sha~ be
your sufficient warrant of au~odw.
day of ............. ~ , AD~ 2 ...................................
State of Pcnmylva~a
Co~ of Cumberland, - ................ 7 ............................. (Seal)
Personally appeared before me, ~e subscriber, Thomas M. Kinney, Sr.
.............................................................
........................................................................ ' ................ ~e Plaindff h ~e
above Judgment, and in due fo~ of law acknowledged ~e M~in and foregoing Power of Atto~ey to sa~fy ~e Judg-
ment set for~, to be his act and deed, and desired ~at d~e s~m shall be filed of record in ~e office of ~e Pro~on-
omw of ~e Court of Co--on Pleas of s~d Count.
In teS~ony whcrco[ I have hereunto set my hand and seal ~is ...... ~
of ........ . .............................
.... ........................... a.
J~ES E. GREEN, ~, P~,~
Camp HI~, Cu~e~ County ~ ....................
My ~mm ~n E~i~ Ju~ 6, 20~ ........................
CARLISLE SYNTEC INCORPORATED, :
AS LIQUIDATING AGENT FOR :
CARLISLE ENGINEERED METALS, :
INC.
Plaintiff,
Vo
SEQUA CORPORATION d/b/a PRECOAT
METALS,
Defendant,
Vo
PPG INDUSTRIES
Additional Defendant.
IN THE COURT OF COMMON PLEAS
FOR CUMBEKLAND COUNTY
CIVIL ACTION NO. 02-4610
TO:
Thomas B. Schmidt, III, Esquire
Pepper Hamilton LLP
200 One Keystone Plaza
North Front and Market Streets
P.O. Box 1181
Harrisburg, PA 17108-1181
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
EX1 88342vl 12/14/04
CARLISLE SYNTEC INCORPORATED, ·
AS LIQUIDATING AGENT FOR ·
CARLISLE ENGINEERED METALS, ·
Vo
Plaintiff,
SEQUA CORPORATION d/b/a PRECOAT
METALS,
Vo
PPG INDUSTRIES
Defendant, ·
Additional Defendant.:
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY
CIVIL ACTION NO. 02-4610
PLAINTIFF'S SECOND AMENDED COMPLAINT
AND NOW, Plaintiff, by through its counsel of record, states the following:
PARTIES
1. Plaintiff Carlisle SynTec Incorporated ("Carlisle;"), as liquidating agent for
Carlisle Engineered Metals Incorporated, is a Delaware corporation maintaining a principal place
of business at 1285 Rimer Highway, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant Sequa Corporation d/b/a Precoat Metals ("Sequa") is a Delaware
corporation with a principal place of business at 3500 Walnut Street, McKeesport, Pennsylvania
15132.
3. At all times material, Carlisle has served as the liquidating agent for Carlisle
Engineered Metals Incorporated ("CEM") and succeeded to the rights and interests of CEM.
4. Unless alleged to the contrary, all acts alleged to have been done or not to have
been done by Sequa were done or not done by Sequa by and through its agents, including, but
not limited to, Precoat Metals, its servants and/or employees who were acting within the scope
of their employment and on the business of Sequa.
EX1 88342vl 12/14/04
2
VENUE
5. Venue for this action stated herein is proper in the Court of Common Pleas of
Cumberland County pursuant to Rules 1006(a), (b), (c) and 2179(a)(2) of the Pennsylvania Rules
of Civil Procedure because Sequa regularly conducts business in Cumberland County,
Pennsylvania through inter alia its business unit, After Six, Inc. and its retailers, Capitol Tuxedo
located at 5514 Carlisle Pike, Mechanicsburg, Pennsylvania 171350, and Capitol Rent-A-Tux
located at 4900 Carlisle Pike, Mechanicsburg, Pennsylvania 17055.
6. Venue for this action stated herein is proper in the Court of Common Pleas of
Cumberland County pursuant to Rule 2179(a)(4) of the Peunsylvania Rules of Civil Procedure
because Carlisle has received claims from third parties, which claims have resulted in losses to
Carlisle as described in paragraph 17 below and which losses serve as a basis, in part, for the
causes of action against Sequa. Therefore, events have occurred in Cumberland County out of
which these causes of action set forth below have occurred pursuant to Pa.R.C.P. 2179(a)(4).
BACKGROUND
7. At all times material, CEM was in the business of selling residential, industrial
and commercial metal roof systems ("Roof Systems") in various states, including, but not limited
to, Pennsylvania.
8. Each Roof System consisted of steel roof panels, related accessories and items
(collectively "Steel"), ail fabricated in accordance with specifications of the owner of the
building on which the Roof System has installed.
9. Based upon these specifications, CEM purchased the requisite amount of Steel
from a steel manufacturer.
10. At all times material, Sequa was in the business of cleaning, priming, painting and
otherwise coating Steel and represented to CEM that Sequa had a specialized knowledge and
skill to clean, prime, paint and otherwise coat (collectively "coat" or "coating") the Steel in
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EX1 88342vl 12/14/04
accordance with industry and paint manufacturer specifications for durability, color, finish and
thickness.
11. On or about September 15, 1995, and subsequently, CEM entered into oral
agreements ("Agreements") with Sequa whereby CEM agreed to pay Sequa the amounts set forth
on Sequa's invoices and, in return, Sequa agreed to provide coating of the Steel.
12. Pursuant to the Agreements, CEM requested and Sequa agreed to provide Kynar
500 paint and coat the same to the Steel.
13. At all times material, Sequa represented and watxanted to CEM that the coating
on the Steel would not peel, check, crack, or otherwise deteriorate for a period of twenty (20)
years.
14. At all times material, CEM relied upon said representation and the superior
knowledge and skill of Sequa with regard to Sequa's services relating to the coating of the Steel.
15. Consequently, CEM used the Steel with paint and coating from Sequa for various
projects (collectively "Projects") including, but not limited to:
a. Slidell Jr. High School in Slidell, Louisiana;
b. Woodland Park Early Learning Center in Hammond, Louisiana;
c. Northeast Louisiana War Veterans Home in Monroe, Louisiana;
d. Valley Sportsplex in Valley, Alabama;
e. First Gulf Bank in Gulf Shores, Alabama;
f. St. Stephen's First Baptist Church in St. Stephens, Alabama;
g. Giddens Elementary School in Cedar Park, Texas;
h. Steiner Ranch Elementary School in Austin, Texas;
i. Triangle Park in Asheboro, North Carolina;
j. Seven Hills Urology Center, Inc. in Lynchburg, Virginia;
k. Putnam County Middle School in Cookeville, Tennessee;
1. Mora Independent Schools in Mora, New Mexico;
m. Judithanne Smith personal residence in Salida, Colorado;
n. Howard Cohen personal residence in San Francisco, California;
o. Washington Park Swimming Facility, Port 3d'thur, Texas;
p. Oilton School District, Oilton, Oklahoma;
q. Schiocton School District, Schiocton, Wisconsin;
r. The Millet Office Building, LaPlace, Louisiana; and
s. Point Stadium, Johnstown, Pennsylvania.
EX1 88342vl 12/14/04
4
16. Sequa's coating on the Steel peeled, checked, cracked and/or otherwise
deteriorated due to material defects in Sequa's performance pursuant to the Agreements.
17. As a result of the deficiencies outlined in the preceding paragraph, CEM, by and
through Carlisle as its liquidating agent, have been and will be forced to incur substantial costs to
repair the Roof Systems installed at the Projects and will contirme to do so at other projects.
18. Additionally, CEM, by and through Carlisle as its liquidating agent, may in the
future incur costs to repair and/or replace the Roof Systems on other projects which have
sustained similar damage although neither CEM nor Carlisle have yet been notified of any such
defects.
19. The defects described heretofore could not have been discovered by CEM prior to
installation of the Roof Systems and were only discovered upon notification by the owners as to
the Projects and informed CEM and Carlisle of the premature peeling, checking, cracking and
other deterioration of the coating.
COUNT I - BREACH OF CONTRACT
20. Carlisle incorporates by reference each and every paragraph contained within this
Complaint as though set forth more fully herein.
21. Scqua was contractually obligated to CEM and, therefore, Carlisle to provide a
coating that was not defective.
22. Defendant Sequa was contractually obligated to provide a coating on the Steel
that would not check, crack, peel or otherwise deteriorate for a period of twenty (20) years from
installation of the Roof Systems and twenty-one (21) years from application of the coating to the
Steel.
23. Sequa has materially breached this contractual obligation to CEM and, therefore,
to Carlisle by failing to deliver a coating as agreed to by the parties.
EX1 88342vl 12/14/04
24. As a direct and proximate result of Sequa's breach of contract as described in
paragraph 23, CEM and, therefore, Carlisle as its liquidating agent has suffered and continues to
suffer substantial monetary damages including, but not limited 'to, repair costs and/or
replacement.
WHEREFORE, Plaintiff Carlisle SynTec Incorporated as liquidating agent for Carlisle
Engineered Metals Incorporated demands that judgment be entered in its favor and against
Defendant Sequa Corporation in an amount in excess of $50,000, together with interest, costs
and such other relief as the Court deems appropriate.
COUNT II - BREACH OF IMPLIED WARRANTY
OF FITNESS FOR A PARTICULAR iPURPOSE
25. Carlisle incorporates by reference each and cveu~' paragraph contained within this
Complaint as though set forth more fully herein.
26. By operation of law, Sequa warranted, among other things, that the coating
conformed to and satisfied CEM's specific needs and requirements.
27. Sequa breached this implied warranty of fitness for a particular purpose by,
among other things, failing to supply the coating in accordance with the Agreement between the
parties and by failing to provide the coating so that it could be used for its intended purpose.
28. As a direct and proximate result of Sequa's breach of the implied warranty of
fitness for a particular purpose, CEM and, therefore, Carlisle as its liquidating agent has suffered
and continues to suffer substantial monetary damages including, but not limited to, repair and
replacement costs.
WHEREFORE, Plaintiff Carlisle SynTec Incorporated as liquidating agent for Carlisle
Engineered Metals Incorporated demands that judgment be entered in its favor and against
Defendant Sequa Corporation in an amount in excess of $50,000, together with interest, costs
and such other relief as the Court deems appropriate.
6
EXI 88342vl 12/14/04
COUNT III - BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY
29. Carlisle incorporates by reference each and every paragraph contained within this
Complaint as though set forth more fully herein.
30. The coating constitutes a "good" as that term is utilized by Division 2 of the
Uniform Commercial Code. Pursuant to Pa. C.S.A. §2314, Sequa was under a duty to deliver the
coating in such quality that it would:
a. Pass without objection in the trade; and
b. Be considered fit for the ordinary uses for Which such goods are used.
31. Sequa breached its implied warranty of merchantability as the coating did not pass
without objection in the trade and was not fit for the ordinary uses for which such goods are
used.
32. As a direct, proximate and foreseeable result of Sequa's breach of the implied
warranty of merchantability, CEM and, therefore, Carlisle as its liquidating agent have suffered
and continue to suffer substantial monetary damages including, but not limited to, repair and
replacement costs.
WHEREFORE, Plaintiff Carlisle SynTec Incorporated as liquidating agent for Carlisle
Engineered Metals Incorporated demands that judgment be entered in its favor and against
Defendant Sequa Corporation in an amount in excess of $50,000, together with interest, costs
and such other relief as the Court deems appropriate.
COUNT IV - BREACH OF EXPRESSED 'WARRANTIES
33. Carlisle incorporates by reference each and eveDt paragraph contained within this
Complaint as though set forth more fully herein.
34. At all times material, Sequa expressly represented that the coating of the Steel
would not check, crack, peel or otherwise deteriorate twenty (20) years from installation of the
Roof Systems and twenty-one years (21) years from application of the coating to the Steel.
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EX1 88342vl 12/14/04
35. Sequa's coating exhibited defects with respect to the Roof Systems and its Steel
at the Projects heretofore identified.
36. Sequa breached its expressed warranties by failing to deliver the coating as it
represented to CEM and, therefore, Carlisle as its liquidating agent.
37. As a direct and proximate result of Sequa's breach of its expressed warranties,
CEM and, therefore, Carlisle as its liquidating agent have suffered and continue to suffer
substantial monetary damages including, but not limited to, repair and/or replacement costs for
the Roof Systems.
WHEREFORE, Plaintiff Carlisle SynTec Incorporated as liquidating agent for Carlisle
Engineered Metals Incorporated demands that judgment be entered in its favor and against
Defendant Sequa Corporation in an amount in excess of $50,0(10, together with interest, costs
and such other relief as the Court deems appropriate.
Date: December 14, 2004 FOX ROTHSCHILD LLP
Ronald L. Williams, Esquire
Attorney I.D. No. 47912
One Eagleview Corporate Center
760 Constitution Drive, Suite 104
P.O. Box 673
Exton, PA 19341-0673
(610) 458-4994
Attorneys for the Plaintiff,
Carlisle SynTec Incorporated as Liquidating
Agent for .Carlisle Engineered Metals
Incorporated
EXI 88342vl 12/14/04
VERIFICATION
I, JOHN H. CL~TON, verify that I am Vice President and General Counsel of Carlisle
SynTec Incorporated ("Carlisle"), a Delaware corporation, and that I am authorized in that
capacity to take this Verification on its behalf. I verify that the facts set forth in Plaintiff's
Second Amended Complaint are not based upon my personal knowledge, but upon information
gathered from the regularly kept business records of Carlisle or furnished by counsel and have
been gathered in the course of responding to this lawsuit; and that the facts set forth in Plaintiff's
Second Amended Complaint are true and correct to the best of my information and belief,
although the language of Plaintiff' s Second Amended Complaint is that of counsel and not my
own. To the extent that the contents of Plaintiff's Second Amended Complaint have been
supplied by counsel, I have relied upon counsel in taking this Verification. I understand that the
statements made herein are subject to the penalties of 18 Pa. C.S.A. § 4904, related to unswom
falsification to authorities.
EX1 88342vl 09/21/04
CARLISLE SYNTEC INCORPORATED,
AS LIQUIDATING AGENT FOR
CARLISLE ENGINEERED METALS,
INC.
Plaintiff,
V.
SEQUA CORPORATION d/b/a PRECOAT
METALS,
Vo
PPG INDUSTRIES
Defendant,
Additional Defendant.
IN THE COURT OF COMMON PLEAS
FOR CUMBER/LAND COUNTY
CIVIL ACTION NO. 02-4610
CERTIFICATE OF SERVICE
I, Ronald L. Williams, hereby certify that on December 14, 2004, a copy of the foregoing
Plaintiff's Second Amended Complaint was served regular U.S,. Mail, addressed as follows:
Thomas B. Schmidt, III, Esquire
Pepper Hamilton LLP
200 One Keystone Plaza
North Front and Market Streets
P.O. Box 1181
Harrisburg, PA 17108-1181
Richard F. Paciaroni, Esquire
Kirkpatrick & Lockhart LLP
The Henry W. Oliver Building
535 Smithfield Street, Suite 1500
Pittsburgh, PA 15222-2312
Ronald L. Williams
EXI 88342vl 12/14/04
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