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THE BOLI FACTORY, INC., : IN THE COURT OF COMMON PLEAS OF
and DANIEL L. SPRAGUE, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION - LAW
RAYMOND C. GRANDON, JR., :
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY and
STRICKLER INSURANCE
AGENCY, t/a MANAGING
PARTNERS, PHILLIP C.
LEMKE and ROSE A. LEMKE, :
Defendants : NO. 99-3470 CIVIL TERM
ORDER OF COURT
AND NOW, this P day of October, 2002, upon consideration of Defendants'
Strickler Insurance Agency, Managing Partners Insurance and Raymond C. Grandon, Jr.
Petition for Enny of Judgment of Non-Pros, it is ordered that:
1. A Rule is issued upon Plaintiffs to show cause why Defendants are not entitled
to the relief requested;
2. Plaintiffs shall file an answer to the petition within 21 days of the date of this
order;
3. The petition shall be decided under Pa. R.C.P. 206.7;
4. Depositions shall be completed within 49 days of the date of this order;
5. Argument shall be held on Thursday, December 19, 2002, at 11:00 a.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
6. Briefs shall be submitted at least seven days prior to argument.
county
CUM.:" .,
PCIlI,YLVia IA'
David Baric, Esq.
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiffs
Michael J. Dunn, Esq.
Two Penn Center
15°i & J.F. Kennedy Blvd.
Philadelphia, PA 19102
Attorney for Defendants
Raymond C. Grandon, Jr.,
Managing Partners Insurance, and
Strickler Insurance Agency
Drew P. Gannon, Esq.
126-128 Walnut Street
Harrisburg, PA 17101
Attorney for Defendant
Phillip Lemke
Jeffrey J. Shipman, Esq.
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108
Attorney for Defendant
Rose Lemke
:rc
BY THE COURT,
J. esley Oler, Jr:; T.
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D.# 44893
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 564-0400
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
OCT 0 2 2002
The Boli Factory, Inc. and Court of Common Pleas
Daniel L. Sprague Cumberland County
VS. No: 99-3470
Civil Term
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners, Phillip C. Lemke:
and Rose A. Lemke
ORDER
AND NOW, this day of , 2002, upon
consideration of defendant Raymond C. Grandon, Jr., Managing
Partners Insurance and Strickler Insurance Agency's Petition for
Entry of Judgment of Non Pros, and any response thereto, it is
hereby ORDERED AND DECREED that said Petition is GRANTED.
Plaintiffs' claims are hereby dismissed, with prejudice, for
failure to prosecute the within action within a reasonable time
for want of due diligence.
J.
i 1
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D.# 99893
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 569-0900
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc. and
Daniel L. Sprague
VS.
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners, Phillip C. Lemke:
and Rose A. Lemke
Court of Common Pleas
Cumberland County
No: 99-3970
Civil Term
DEFENDANTS STRICKLER INSURANCE AGENCY,
MANAGING PARTNERS INSURANCE AND RAYMOND C. GRANDON JR.
PETITION FOR ENTRY OF JUDGMENT OF NON-PROS
j Defendants, Strickler Insurance Agency, Managing Partners
Insurance and Raymond C. Grandon, Jr., (hereafter "Strickler
Insurance Agency"), by and through their attorneys, Murphy &
O'Connor, LLP, petition this Court for an Entry of Judgment of
Non Pros, dismissing plaintiffs' Complaint with prejudice, and
aver in support thereof as follows:
1. The instant action arises out of a June 11, 1997
uninsured fire loss at plaintiff's business premises, then
located at 861 Market Street, Lemoyne, Pennsylvania. Plaintiffs
in this action have argued that defendant Strickler Insurance
Agency was negligent and/or otherwise breached duties owed to
and defendant's representative, Mr. Grandon, were deposed on
October 17, 2000.
7. The docket entries in this matter, attached hereto as
Exhibit "D", reflect that the last docket activity occurred on
July 11, 2000, when plaintiffs filed their Reply to the New
Matter of defendant Strickler Insurance Agency, et al. On July
13, 2000, defendant Strickler Insurance Agency filed a Praecipe
to Attach Verification to its previously filed Answer.
6. Repeated requests have been made of plaintiffs' counsel
to determine whether plaintiffs intend to pursue this claim.
Attached hereto as Exhibits "E", "F", "G" and "H" are various
correspondence from defense counsel to plaintiffs' attorney,
inquiring as to the status of this matter. To date, plaintiffs'
counsel has not in any respect indicated that his client intends
to pursue this matter.
9. The entry of a judgment of non pros is appropriate when
plaintiff has failed to prosecute an action within a reasonable
time for want of due diligence, there is no reasonable or
compelling excuse for plaintiff's delay, and, the delay has
resulted in prejudice to defendants. Penn Piping, Inc. v.
Insurance Company of North America, 529 Pa. 350, 603 A,2d 1006
(1992).
10. A delay by plaintiff of two years or is presumed to be
prejudicial to defendant for purposes of a petition to dismiss a
3
i
I1 case for lack of activity. Pennridae Electric Inc v ouderton
Area Joint School Authority, 409 Pa. Super. 201, 615 A.2d 95
IJ (1992).
11. Plaintiffs have failed to prosecute the instant action
within a reasonable period of time for want of due diligence.
12. There is no reasonable or compelling excuse for
plaintiffs' delay.
13. Plaintiffs' delay has prejudiced defendants herein.
14. Defendants respectfully request an Order entering
judgment of non pros against plaintiffs for failure to prosecute
the within action within a reasonable period time for want of due
j diligence.
WHEREFORE, moving defendants, Strickler Insurance Agency and
Raymond C. Grandon, Jr., respectfully request that an Order
entering a Judgment of Non Pros be entered, in the form attached
hereto.
DATED:
RESPECTFULLY SUBMITTED,
MURPHY & O'CONNOR, LLP
By: -
Michael J. D nn, Esquire
Attorney for endant,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
4
4 ,
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D.# 44893
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 564-0400
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc. and
Daniel L. Sprague
VS.
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, 't/a
Managing Partners, Phillip C. Lemke:
and Rose A. Lemke
Court of Common Pleas
Cumberland County
No: 99-3470
Civil Term
MEMORANDUM OF LAW IN SUPPORT OF
PETITION FOR ENTRY OF JUDGMENT OF NON-PROS OF
DEFENDANTS STRICKLER INSURANCE AGENCY,
MANAGING PARTNERS INSURANCE AND RAY14OND C. GRANDON, JR.
1. INTRODUCTION:
Plaintiffs' claim arises out of a June 11, 1997 fire which
occurred at plaintiffs' business premises, and certain uninsured
losses claimed by plaintiffs to be a result of that fire. In
their Complaint, plaintiffs have sued defendant Strickler
Insurance Agency and Raymond C. Grandon, Jr., a principal with
Strickler insurance Agency who plaintiffs claim negligently
failed to secure insurance coverage for their business. In
addition, plaintiffs have sued Rose A. Lemke, the owner of the
building where plaintiffs' business was located, and Phillip C.
Lemke, who allegedly performed electrical work in the building,
claiming they are responsible for causing the fire which resulted
in the uninsured losses. All defendants have denied plaintiffs'
allegations.
Plaintiffs' action was initiated by Writ of Summons on June
8, 1999. Defendants thereafter filed a Rule to File Complaint
and plaintiffs' Complaint was filed on October 20, 1999. Moving
defendants filed their Answer with New Matter to plaintiffs'
Complaint on June 26, 2000 and the pleadings are now closed.
The only substantive activity on the file since the pleadings
have been closed has been the depositions of plaintiff and
defendant Grandon, both completed on October 17, 2000.
The docket entries in this matter, attached hereto as
Exhibit "D", reflect that the last docket activity occurred on
July 11, 2000, when plaintiffs filed their Reply to the New
Matter of Defendant Strickler Insurance Agency. Because of the
substantial period of time which has elapsed without any
meaningful activity in the case, the entry of a judgment of non
pros is appropriate. For the reasons that follow, defendants
respectfully request that this Court enter a judgment of non
pros, dismissing plaintiffs' Complaint with prejudice.
II. PLAINTIFFS' CLAIM SHOULD BE DISMISSED FOR LACK OF
PROSECUTION:
The circumstances under which a Court should properly
exercise its discretion to enter a judgment of non-pros are well
1
E .
settled. Specifically, the Court may dismiss a plaintiff's claim
for lack of prosecution where (1) a party has showed a lack of
due diligence by failing to proceed with reasonable promptitude;
(2) there is no compelling reason for the delay; and (.3) the
delay has caused prejudice to the adverse party. Penn Piping.
Inc. v. Insurance Company of North America, 529 Pa. 350 603 A.2d
1006 (1992), citing Gallagher v. Jewish Hospital Association, 425
Pa. 112, 113, 228 A.2d 732, 733 (1967). Significantly, a delay
by plaintiff of two years or more will be presumed to be
prejudicial to defendant for purposes of proceeding to dismiss a
claim for lack of activity. Ibid.' An entry of judgment of non
pros is not limited to the early stages of an action; it is also
available at a later stage where a party is dilatory in bringing
the action to a conclusion. Pennridge Electric v Souderton Area
Joint School Authority, 419 Pa. Super. 201, 615 A.2d 95 (1992).
The decision to grant a judgment of non pros rests within the
discretion of the trial court and the exercise of such discretion
will not be disturbed on appeal absent proof of a manifest abuse
thereof. First Valley Bank v. Steinmann, 253 Pa. Super. 8, 384
i In addition, C.C.R.P. 228, designated as "Inactive Cases
Not At Issue", provides that, for those matters "in which no
proceedings of record have occurred during the two years or more
immediately prior thereto", the Prothonotary shall, after notice
to counsel, "strike the matter from the list, and enter an Order
as of course dismissing the matter for failure to prosecute."
The operation of this Rule will presumably result in the
dismissal of this matter at the general call on the last Tuesday
of October of this year.
3
A.2d 949 (1978).
Here, there has been no docket activity in the case for in
excess of two years and no activity whatsoever since the
depositions of plaintiff, Daniel J. Sprague, and defendant's
representative, Mr. Grandon, were completed on October 17, 2000.
Counsel for the various defendants herein have made numerous
requests of counsel for plaintiffs (see attached exhibits) to
determine whether plaintiffs intend to proceed with the action
and have received no indication that plaintiffs in fact intend to
pursue the matter. Accordingly, under the circumstances it must
be said that plaintiff has failed to prosecute the action within
a reasonable time for want of due diligence.
Secondly, plaintiffs have offered no reasonable or
compelling excuse for the delay. In fact, none has been offered
and it appears that plaintiffs have simply elected to abandon the
case.
Finally, it is clear that plaintiffs' delay in this matter
is prejudicial to defendants. As stated in Penn Pining, a delay
of two years or more is presumed to be prejudicial to defendant
and plaintiffs have done nothing to even attempt to rebut this
presumption. Accordingly, all of the elements set forth in
governing Pennsylvania law regarding the entry of a judgment of
non pros have been met and plaintiffs' Complaint should properly
be dismissed for lack of prosecution.
4
III. CONCLUSION:
For the above stated reasons, defendant respectfully
requests that this Court enter an Order dismissing plaintiffs'
claim for lack of prosecution and enter a judgment of non pros.
RESPECTFULLY SUBMITTED,
MURPHY & O'CONNOR, LLP
DATED:
By:
Michael J D n , Esquire
Attorney for Defendants,
Raymond C. randon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
5
CERTIFICATE OF SERVICE
I, Michael J. Dunn, Esquire, attorney for defendants Raymond
C. Grandon, Jr., Managing Partners Insurance, and Strickler
Insurance Agency, do hereby certify that a true and correct copy
of said Petition for Entry of Judgment of Non Pros with
supporting Memorandum of Law, was served on the below listed
counsel on September 26, 2002, via regular mail, postage pre-
paid:
David Baric
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
Drew P. Gannon, Esquire
HARTMAN, OSBORNE 6 SHOOP, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
Jeffrey J. Shipman, Esquire
COLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108
MURPHY & O'CONNOR, LLP
By
Michae J Dunn, Esquire
I
i
A
Exhibit A
JUVt-17-99 THU 9:09 STRICKLER IN LEEANON PA 71727.36665 P.02
Commonwealth of Pennsylvania
County of Cumberland
The Boli Factory, Inc. and
Daniel L. Sprague
vs
Raymond C. Grandon, Jr.,
Selective Insurance,
Managing Partners Insurance,
Strickler Insurance Agency,
Strickler Insurance Agency, t/a
Managing Partners Insurance,
Philip C. Lemke and
Cnurt of Conunou Pleas
No. _?4e3AZ0.CI?IL_Lfi1.__---•-•-___.
III -----------------------
Rose A. Lemke (Addresses on Next Page
To _!?dylt!W?_ ?...fii?30S?911?_JFti.•_S?leCl ive_JJtsttrance, Managing Partners Insurance, S tr ickler
insurance Agency, Strick ler Insurance Agency, t/a Managing' Partners Insurance,
You are hercty notified that Philip C. Lemke and Rose A. Zemke
The Boli F...... _-Inc: and Daniel L. Sprague
the Plaintiff have commenced an action in Civll_J3W______________________
against you which you are required to derend or a default judgment may be entered against you.
1 RUE: COPY FROM RECORD
to To2limooy tiniareof, I here unto srd my h• l'id
and ilia sell of ;aid f.,l t at ca r:1518' Pa.
(SEAL) This.: g-
Prothonotary
furt.is..R_..LcJUd - - ....................
Prothonotary
1)atc ------ a4Ap-P-------•----- 19 g9. By tc Cc'. ?1
Deputy
JUN-17-99 THU 9:09 STICKLER IN I-E.BANON PA 7172-'56665
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Please serve the Defendants as follows:
,,Raymond C. Crandon, Jr.
/ c/o Managing Partners Insurance
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Selective Insurance
Wantage Avenue
Branchville, New Jersey 07890
&naging Partners Insurance
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Strickler Insurance Agency
161 North Eighth Street
Lebanon, Pennsylvania 17042
4ricklerInsurance Agency
t/a Managing Partners Insurance
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
VIA PERSONAL SERVICE
/VIA CERTIFIED MAIL
RESTRICTED DELIVERY
VIA PERSONAL, SERVICE
VIA PERSONAL SERVICE
(DEPUTIZE LEBANON COUNTY SHERIFF)
VIA PERSONAL SERVICE
Philip C, Lemke VIA CERTIFIED MAIL
(FLORIDA RESIDENCE ADDRESS
REQUEST MADE TO POST OFFICE)
Rose A. Lemke
861 Market Street
Lemoyne, Pennsylvania 17043
VIA PERSONAL. SERVICE
6
Exhibit B
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
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 an 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
(717) 249-3166
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
COMPLAINT
NOW, comes plaintiffs, Daniel L. Sprague and The Boli Factory, Inc., by and through
their attorneys O'BRIEN, BARIC, & SCHERER and file the within complaint and, in support
therefore, set forth the following:
1. Daniel L. Sprague (hereinafter referred to as Sprague) is an adult individual with a
residence address of 1815F Willow Road, Carlisle, Pennsylvania and is the sole shareholder of
The Boli Factory, Inc.
2. The Boli Factory, Inc. ("Boli Factory") is a Pennsylvania corporation with a
principal place of business located at 811 West High Street, Carlisle, Pennsylvania.
3. Strickler Insurance Agency (hereinafter referred to as "Strickler") is a Pennsylvania
corporation, with its principal place of business at 161 N. 8th Street, Lebanon, Pennsylvania.
1
_,
4. Managing Partners Insurance (hereinafter referred to as "Managing Partners") is a
Pennsylvania corporation, with its principal place of business at 1105 Rana Villa Avenue in Camp
Hill, Pennsylvania and is an operating unit of Strickler Insurance Agency.
5. Raymond C. Grandon, Jr. (hereinafter referred to as "Grandon") is an adult
individual and an agent of Strickler Insurance Agency t/d/b/a Managing Partners Insurance
located at 1105 Rana Villa Avenue in Camp Hill, Pennsylvania. Further, Grandon is a licensed
insurance agent in the Commonwealth of Pennsylvania.
6. Rose A. Lemke is an adult individual residing at 914 Indiana Avenue in Lemoyne,
Pennsylvania.
7. Phillip C. Lemke is an adult individual residing at 4290 Sunshine Boulevard in St.
James City, Florida.
8. At all relevant times The Boli Factory was a tenant of Rose A. Lemke conducting
its business in a property owned by Rose A. Lemke known and numbered as 861 Market Street,
Lemoyne, Pennsylvania. The Boli Factory operated a restaurant in that property leased from
Rose A. Lemke.
9. At all relevant times Grandon was acting as an agent of Managing Partners which
was, in turn, owned and operated by Strickler. Grandon represented to Sprague that Grandon
was a representative of Managing Partners Insurance.
2
10. In March, 1997 Sprague and Grandon had a meeting to discuss the insurance
needs of Sprague for his business, Boli Factory. As a result of this meeting, Grandon provided
Sprague with an "Insurance Proposal", a copy of this insurance proposal and an accompanying
letter from Grandon is attached hereto as Exhibit "A" and is incorporated.
11. On or about March 14, 1997 Grandon submitted an application for insurance to
Selective Insurance on behalf of Sprague and Boli Factory.
12. On or about March 14, 1997 Sprague gave Grandon a twenty five percent (25%)
down payment for insurance by check in the amount of eight hundred forty-six dollars and
twenty-five cents ($846.25). This check was endorsed and deposited into the account of
Managing Partners.
13. Selective Insurance placed the March 14th application ("First Application") with
Presque Isle Insurance Company (hereinafter referred to as Presque).
14. In a letter dated March 21, 1997 Grandon informed Sprague that Presque had
declined to issue a policy of insurance to Sprague for Boli Factory. A true and correct copy of
the letter of March 21, 1997 is appended hereto as Exhibit "B" and is incorporated.
15. In a letter dated April 8, 1997 Selective Insurance informed Strickler, that
Selective Insurance would not be granting coverage to Sprague for Boli Factory. A true and
correct copy of this correspondence is attached hereto as Exhibit "C" and is incorporated.
16. On or about May 15,1997 Grandon meet with Sprague at Sprague's house to
further discuss insurance for Boli Factory and a second application for insurance. A copy of this
application ("Second Application") is appended hereto as Exhibit "D" and is incorporated.
Grandon presented the Second Application to Sprague with the information contained in said
Second Application already completed by Grandon.
17. At the above meeting Sprague requested the Grandon either refund his deposit
check or provide him with coverage immediately. Further, Sprague stated to Grandon that he
was concerned that no workers compensation insurance was presently in effect for employees of
Boli Factory.
18. Grandon did not refund the deposit check and stated to Sprague that at the time he
signed the second application for insurance Sprague had coverage for Boli Factor in accordance
with the requests for coverage contained in the Second Application.
19. Grandon never submitted the application to Selective.
20. On June 10, 1997 a fire took place at 861 Market Street in Lemoyne,
Pennsylvania, which building housed The Boli Factory. The fire substantially destroyed and/or
damaged the equipment inventory and business capabilities of Boli Factory in addition to causing
considerable damage to the building.
21. Thereafter, Boli Factory made a claim for insurance coverage and was informed,
that no insurance existed for Boli Factory and that the claim would not be processed.
4
22. Upon information and belief, the fire was the result of deficiencies in the electrical
system of the building owned by Rose A. Lemke and/or alterations made to the building by Philip
C. Lemke at the request or direction of Rose A. Lemke.
23. Upon information and belief, had a policy of insurance been issued to Boli Factory
as set forth and defined by the Insurance Proposal, Boli Factory and Sprague would have been
able to recover their losses associated with the fire of June 10, 1997.
COUNT I-NEGLIGENCE
DANIEL SPRAGUE and THE BOLI FACTORY vs. GRANDON
24. Plaintiffs incorporate by reference paragraphs one through twenty-three as though
set forth at length.
25. Grandon, as an insurance agent who undertook to procure insurance for Boli
Factory and Sprague, was bound to exercise diligence and good faith in his efforts to procure
insurance in the amounts and coverages represented.
26. Grandon was negligent and breached his duty to exercise diligence and good faith
in the procuring of insurance, said breach included, but was not limited to:
A. The failure of Grandon to submit the Second Application for insurance to
Selective;
B. Grandon's misrepresentation to Sprague that he had coverage upon the
signing of the Second Application for insurance;
C. Failing to inform Sprague that no insurance existed as of the time of
signing of the Second Application; and
D. Failing to procure insurance for Boli Factory
5
27. As a direct and proximate result of said breaches of Grandon, Sprague was unable.
to pursue a claim on behalf of Boli Factory for damages incurred through the fire of June 10,
1997.
WHEREFORE, Plaintiffs respectfully request judgment in their favor and against the
Defendant, Raymond C. Grandon, Jr., in an amount in excess of twenty-five thousand dollars
($25,000), together with interest, costs, and expenses of this action and in an amount in excess of
the limits requiring compulsory arbitration.
COUNT 1I-NEGLIGENCE
THE BOLI FACTORY vs. STRICKLER INSURANCE AGENCY t/d/b/a MANAGING
PARTNERS INSURANCE
28. Plaintiffs incorporate by reference paragraphs one through twenty-seven as though
set forth at length.
29. Managing Partners had a duty, through and by their agent Grandon, to exercise
diligence and good faith in its efforts to procure insurance in the amounts and coverages
represented
30. Managing Partners breached said their duty to exercise diligence and good faith in
its efforts to procure insurance for Sprague by including, but not limited to:
A. The failure of Grandon to submit the Second Application for insurance to
Selective;
B. Grandon's misrepresentation to Sprague that he had coverage upon the
signing of the Second Application for insurance;
C. Failing to inform Sprague that no insurance existed as of the time of
signing of the Second Application; and
D. Failing to procure insurance for Boli Factory
6
.I .
31. As a direct and proximate result of said breaches of Managing Partners, Sprague
was unable to pursue a claim on behalf of Boli Factory for damages incurred through the fire of
June 10, 1997.
WHEREFORE, Daniel L. Sprague respectfully requests judgment in his favor and agianst
the Defendant, Strickler Insurance Agency t/d/b/a Managing Partners Insurace, in an amount in
excess of twenty-five thousand dollars ($25,000), together with interest, costs and expenses of
this action.
COUNT III -NEGLIGENCE
DANIEL L. SPRAGUE and THE BOLI FACTORY vs. ROSE C. LEMKE
32. Plaintiffs incorporate by reference paragraphs one through thirty-one as though set
forth at length.
33. Rose A. Lemke was the landlord of Boli Factory for the restaurant located at 861
Market Street, Lemoyne, Pennsylvania.
34. Prior to the fire which occurred on June 10, 1997, Sprague had requested Rose A.
Lemke to upgrade and/or improve the electrical service for the building housing the restaurant.
Moreover, Sprague had the property reviewed by an electrical contractor who recommended that
the electrical service for the property be upgraded or improved. Sprague conveyed that
information to Rose A. Lemke prior to the fire.
35. Rose A. Lemke refused to have the electrical system for the property upgraded or
I improved by a licensed electrical contractor.
7
36. Shortly before the fire of June 10, 1997, Rose A. Lemke directed that her son,
Phillip Lemke, install additional lighting fixtures and electrical receptacles in the property in the
area of the restaurant.
37. Upon information and belief, the fire which occurred on June 10, 1997 was a result
of deficiencies in the electrical systems of the building.
38. Rose A. Lemke had a duty to provide premises which were appropriate for the
operation of the restaurant which had been operating for several years in the property known as
861 Market Street, Lemoyne, Pennsylvania.
39. Rose A. Lemke breached her duty to Boli Factory by, but not limited to, the
following:
A. Failing to provide appropriate and suitable electrical service for the
building;
B. Failing to provide a building which met applicable building code
requirements;
C. Failing to improve or upgrade the electrical system for the building;
D. Permitting work to be performed involving the electrical system of the
building by an individual who was not a licensed electrical contractor;
E. Permitting work to be performed to the electrical system of the building
which did not meet acceptable practices or was otherwise not
workmanlike.
40. As a direct and proximate result of the aforesaid breaches by Rose A. Lemke,
plaintiffs incurred damages as a result of the fire of June 10, 1997 which included, but are not
limited to, the following: loss of income from the inability to operate the restaurant, damages to
equipment owned by the plaintiffs situate in the building at the time of the fire and loss of supplies
and inventory held by the business in the building at the time of the fire.
WHEREFORE, Plaintiffs request judgment in their favor and against the Defendant, Rose
A. Lemke, in an amount in excess of twenty-five thousand dollars ($25,000), together with
interest and expenses of this action.
COUNT TV
DANIEL SPRAGUE and THE BOLI FACTORY, INC. vs. ROSE A. LEMKE
BREACH OF IMPLIED COVENANT OF QUIET ENJOYMENT
41. Plaintiffs incorporate by reference paragraphs one through forty as though set forth
at length.
42. Rose A. Lemke had a duty to not interfere with the possession of the leased
premises by the plaintiffs.
43. Rose A. Lemke breached her duty to not interfere with the possession of the leased
premises by the plaintiffs by failing to provide a leased premises with an electrical system which
was appropriate and proper for the operation of the restaurant business, thereby causing the fire
of June 10, 1997.
44. Rose A. Lemke breached the duty to not interfere with the possession of the leased
premises by the plaintiffs by failing to have repairs or alterations made to the building and the
leased premises by a competent electrical contractor, thereby causing the fire of June 10, 1997
45. As a direct and proximate result of these interferences with the possession of the
leased premises by the plaintiffs, Daniel Sprague and Boli Factory incurred losses from the fire of
June 10, 1997 which included, but were not limited to, the following: loss of income from the
inability to operate the restaurant, damages to equipment owned by the plaintiffs situate in the
9
building at the time of the fire and loss of supplies and inventory held by the business in the
building at the time of the fire.
WHEREFORE, plaintiffs request judgment in their favor and against Rose A. Lemke in an
amount in excess of twenty-five thousand dollars ($25,000.00) together with interest, costs and
expenses of this action.
COUNT V- NEGLIGENCE
DANIEL SPRAGUE and THE BOLI FACTORY, INC. vs. PHILIP C. LEMKE
46. Plaintiffs incorporate by reference paragraphs one through forty-five as though set
forth at length.
47. Shortly before the fire of June 10, 1997, Philip C. Lemke made repairs and/or
alterations to the leased premises which included installation of electrical receptacles and the
hanging and installation of additional lighting fixtures.
48. Upon information and belief, the fire of June 10, 1997 resulted from a failure of the
electrical system in the property.
49. Having undertaken to make the repairs and/or alterations to the leased premises,
Philip C. Lemke had a duty to make the repairs and/or alterations in a workmanlike manner and in
accordance with acceptable practices in electrical contracting.
50. Upon information and belief, the repairs and/or alterations to the leased premises
made by Philip C. Lemke resulted in the fire of June 10, 1997.
10
51. Philip C. Lemke breached his duty to the plaintiffs by failing to make repairs and/or
alterations to the leased premises in a workmanlike manner and in accordance with acceptable
practices in electrical contracting.
52. As a direct and proximate result of these breaches by Philip C. Lemke, plaintiffs
incurred damages including, but not limited to, the following: loss of income from the inability to
operate the restaurant, damages to equipment owned by the plaintiffs situate in the building at the
time of the fire and loss of supplies and inventory held by the business in the building at the time
of the fire.
WHEREFORE, plaintiffs request judgment in their favor and against Philip C. Lemke in
an amount in excess of twenty-five thousand dollars ($25,000.00) together with costs, interest
and expenses and in an amount in excess of the limits requiring compulsory arbitration.
Respectfully submitted,
O'BRIEN, BARIC & ISCR
bZ4 I -
David A. Baric, Esquire
ID#44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiffs
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unswom falsification to authorities.
Dania L. S rague, INDIVDUALLY AND
AS PRESIDENT OF THE BOLI FACTORY, INC.
DATED: D ZO % 9
Marknra§ingrs
Pa
Insurance
Member of rho 9tdckler croup
INSURANCE PROPOSAL.
FOR
THE ®OLI FACTORY
261. Deerfield Road
Camp Hill, PA 17011
1105 Rasa VOIa'Aveaua • Camp H111, Pennsylvania 17011 • Yblepbone (717) 730-9493 • Fax (717) 730.9693
EXHIBIT "A"
Mana 'ng
Partn rs
Insurance
Memba or Ga aaWar Group
March 14, 1987
Daniel L. Spraque
The Ball Factory
281 Deerfield Road
Camp Hill, PA 17011
RE: Insurance for The Boll Factory
Location #1 - 861 Market Street, Lemoyne, PA 17043
Location #2 - 207 4th Street, New Cumberland, PA 17070
Dear Dan:
Thank you for the opportunity to quote on your insurance needs for the restaurant. Based
on the information that you provided at our meeting, I have put together the following
package for you. The policy would be p!aced with Presque Isle Insurance - A Division
of Fireman's Insurance. A description of coverages is attached.
This quotation would be subject to the following:
1. Approval by company underwriter
2. Favorable Loss Runs
3. Satisfactory LCS Inspection
please feel free to contact me at any time to discuss this or any other insurance needs
that your may hav9. I would be Interested In quoting your personal insurance as well
My staff is looking forward to be of service to you.
Respectfully submitted,
Raymond C. Grandon, Jr.
RCGlllm
1105 Rana Villa Avenue - Camp Hilt, Nnnsylvanla 17011 - Telophone (717) 730.9493 - tfix (717) 7309593
The Boll Factory
Page 1
Property C veraoe:
Comprehensive All Risk
Contents Limit $ 130,000
Location #1 $ 40,000
Location 02 $ 40,000
Special Perils
Full Glass coverage
Business Income - 12 months Actual Loss Sus tained.
Extra Expense
Newly Acquired Property - 25% of Property values or $ 100,000
for Buildings or Personal Property,
Person Property Off Premises & at Trade Show - $ 5,000
Valuable Papers - $ 5,000
Money and Securities - $ 10,000
Personal Effects - $
$ 2,000
1,000
Arson Reward - $
$ 10,000
5,000
Sewor and Drain Back-up - $ 5000
Ordinance or Law Coverage $
$ 10,000
15,000
Salesperson's Samples - $ 2,500
Accounts Receivable - $ 5,000
Fine Arts - $ 5,000
Property ln:Zransit - $ 5,000
Electronic Data Processing Equipment - $ 10,000
Automatic Increase in Building Limit - a% A nnually
Replacement Cost Valuation -
Peak Season On Person Property - 25%
Outdoor Signs - $ 1,000
Various other optional coverages
Availability to Increase most of the automatic
coverages
Property Deductible $. 250
Inside
Outside
Per Person
Each Occur
Per location
Aggregate
The 800 Factory
Page 2
-Comprehensive General Liability:
Aggregate Limit
Per Occurrence Limit S 1,000,000
Product i Completed Operation $
$ 500,000
500
000
Personal & Advertising
Fire Damage $ ,
500,000
Medical Payments S
$ 100,000
Non-owned ! Hired
$ 10,000
500,000
Total Annual Premium S 884
Comore eh?lve ®usines? s?yil?ity:
Non-Owned Watercraft up to 50 feet covered
Chartered Non-owned Aircraft coverage
Personal and Advertising Injury
Worldwide Products
Host Liquor Liability
Incidental Medical Malpractice
Broad From Property Damage
classes Various other optional coverages, Including Professional Lability for Indicated
Availability of Increasing limits
tMorkmen's Comoeneati
P_WA Amouni•
Liability •4
Class 875 Restaurant
Annual Premium
$ 100,000 Each Accident
$ 500,000 Disease PolcyLmt
S 100,000 Disease Ea Employee
$ 80,000
$ 2,501
Eftins-nLEJAm
25% Down
3 Equal Payments
846.25
$ 846.25
'Mans ng
Partn rs
Insurance
Me®ber or the senckler Oroop
March 21, 1897
Daniel Sprague
The Boll Factory
281 Qeerfleld Road
Camp Hill, PA 17011
RE: Insurance Coverage
Dear Dan:
This letter is to advise you that of this date March 21, 1997 we have been Informed by
Presque Isle Insurance Company that they are declining coverage of your operation.
It has apparently been submitted to them before and declined. Therefore, at the present
time you have no coverage.
We will submit this to other companies for you, but can not bind coverage without prior
company approval
If you have any questions please feel free to contact me.
Reepectfully yours,
Raymond C. Grandon, Jr.
RCG/IIm
cc: Tile
110 r:oeo vi:!. tv• • amp H'II A rc• ! :•-!t 17011 • Telephone (717) 710.4,''9 • Fzs (717) 7a0•aro-
EXHIBIT "B"
Allento"'n 1141%h IWW41
$050 THShmgp alb
P.O. Box 253AI
Lehigh WILY. I%l?u i,rmu I,,,N11•145'
61o•?sI•,6slo ?
.GS
DP.TE: April 8, 1997
TO: Strickler Insurance Agency. Ina ; Apo #1678
FROM: Brian Hawn:, Underwriting Techglcel Assistunt -s
RE: Daniel Sprague T/A Boni Factory
161 Dearfield Road
Camp Hill, PA 17011
r
Attached please find requested prenium quotat 0*1) foe the captioned risk IT IS AGREED AND
UNDERSTOOD NO COVERAGE HAS BEEN BOUND. Should coverage be desired, please
provide effective date and information, if any, shown below.
This quotation(s) will expire after 60 days or the effective date of requested coverage, whichever
occurs first.
omme ts/Co itions•
*Property was quoted with a 3500 deductible
•Also tentative loss costs were used.
*If You decide to issue this account, we would require 3 year hard copy loss runs for all lines.
•We would also need the following information: Federal Employee TD number and an
inspection contact with phone number.
Please refer to page 1 for Quote Premiums.
BH:fg
CC: Steve M. Huther, Agency Management Speciatict
EXHIBIT "C"
.i..C-ORD--
The Strickler Insurance Agency
161 No. ®th St.
Lebanon, PA 17042
(717) 273-2641
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THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE.
Defendants
IN THE COURT OF COMMON FLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I hereby certify that on October 21, 1999, I, David A. Baric, Esquire, of OBrien, Banc &
Scherer, did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the parties
listed below, as follows:
Stephen E. Geduldig, Esquire
Thomas, Thomas and Hafer, LLP
305 North Front Street
F.O. Box 999
Harrisburg, Pennsylvania 17108
Attorney for Selective Insurance
Michael J. Dunn, Esquire
Murphy & O'Conner
Two Penn Center Plaza, Suite 1100
15th and JFK Boulevard
Philadelphia, Pennsylvania 19102
Attorney for Stricker Insurance Agency, Managing
Partners Insurance Raymond C. Grandon, Jr.
Jeffrey N. Yoffe, Esquire
Yoffie & Yoffe, P.C.
214 Senate Avenue
Suite 203
Camp Hill, Pennsylvania 17011
Attorney for Rose A. Lemke
Philip C. Lemke
4290 Sunshine Boulevard
St. James City, Florida 33956-2413
r
David A. Baric, Esquire
d ._
C
Exhibit C
i•
r`
I
I
You are hereby notified to file a written
response to the enclosed NEW MATTER within
twenty (20) days from service hereof or a
Jutl9me t may a entere
Michael J. Dunn, -"-
Attorney far Def dens,
Raymond C. Grando Jr., Me aging Rar[ne ra Insurance
and Strickler Insur nCy
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D.# 44893
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 564-0400
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc. and
Daniel L. Sprague
VS.
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners
f.
7_ ?7 N
r D
?c
Court of Common-Vlea
Cumberland County
No: 99-3470
Civil Term
ANSWER OF DEFENDANTS STRICKLER INSURANCE AGENCY
MANAGING PARTNERS INSURANCE AND RAYMOND C. GRANDON JR,
TO PLAINTIFFS' COMPLAINT WITH NEW MATTER
Defendants, Strickler Insurance Agency, Managing Partners
., a
i,
1.
(y Cam)
<p
Insurance and Raymond C. Grandon, Jr., by and through their
attorneys, Murphy & O'Connor, answer the Complaint of plaintiffs
Daniel L. Sprague and The Boli Factory, Inc., and aver in support
thereof as follows:
1. Denied. After reasonable investigation, answering
defendants are without knowledge or in£ornation sufficient to
form a belief as to the truth of the factual averments contained
You aro hereby notified to file a written
ro,pon,a to the naClo,ed 14EW MATTER within
twanty 1201 day, from ,arvlca hereof or a
Mlchael J. Won, r
httorn,y for her nfmrt,
'd 'go"' ' may
lu ymend C. 0rando Jt., Me aging Pattnar, In ,.rant,
and St ric hlor Inaur ocy
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D.# 44893
Two Penn center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102 c? cz c
(215) 564-0400 vN.I c :+
Attorney for Defendants, ?•'? '' ,=_
Raymond C. Grandon, Jr., or
Managing Partners Insurance, <u r =?ci
,
and Strickler Insurance Agency
t?
O
- ?
;;-;
The Boli Factory, Inc. and Court of Common ? leC4
Daniel L. Sprague Cumberland County
VS. No: 99-3470
Civil Term
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners
AN3WER QPr DEFENDANTS STRICKLER INSURANCE AGENCY j'
MANAGING PARTNERS INSURANCE AND RAYMpNA C. GRANDON. JR.
TO PLAINTIFFS' COMPLAINT WITH NEW MATTER
Defendants, Strickler Insurance Agency, Managing Partners
f
Insurance and Raymond C. Grandon, Jr., by and through their
attorneys, Murphy & O'Connor, answer the Complaint of plaintiffs
Daniel L. Sprague and The Boli Factory, Inc., and aver in support
thereof as follows: j
1. Denied. After reasonable investigation, answering
defendants are without knowledge or information sufficient to
F
form a belief as to the truth of the factual averments contained
in paragraph 1 of plaintiffs' Complaint. Strict proof in support
thereof, if deemed relevant, is demanded at the time of trial.
2. Denied. After reasonable investigation, answering
defendants are without knowledge or information sufficient to
form a belief as to the truth of the factual averments contained
in paragraph 2 of plaintiffs' Complaint. Strict proof in support
thereof, if deemed relevant, is demanded at the time of trial.
3. Admitted.
4. Denied as stated.
5. Admitted.
6. The allegations set forth in paragraph 6 of plaintiffs'
Complaint are directed to a defendant other than answering
defendants herein and therefore require no response.
7. The allegations set forth in paragraph 7 of plaintiffs'
Complaint are directed to a defendant other than answering
defendants herein and therefore require no response.
8. Denied. After reasonable investigation, answering
defendants are without knowledge or information sufficient to
form a belief as to the truth of the factual averments contained
in paragraph 8 of plaintiffs' Complaint. Strict proof in support
thereof, if deemed relevant, is demanded at the time of trial.
9. Denied as stated. It is admitted only that Grandon
was, at all relevant times, acting as an agent of Managing
Partners.
2
10. Denied as stated. It is admitted that, in March of
1997, plaintiff Sprague and defendant Grandon met to discuss the
insurance needs of plaintiff Sprague's businesses interests. As
a result of that meeting, and based on the information provided
by Mr. Sprague at that meeting, defendant Grandon generated an
Insurance Proposal for plaintiff, which Proposal outlined the
coverages sought and a quoted premium. In correspondence dated
March 14, 1997, plaintiff Sprague was specifically advised, inter
al", that the quotations set forth in the Insurance Proposal
were subject to the following conditions: (1) approval by company
underwriter; (2) favorable loss runs; and, (3) satisfactory LCS
Inspection.
11. Denied. To the contrary, the initial application for
insurance was "UbMiLtod to Presque Isle Insurance Company - a
division of Firoman',y Insurance. The application for coverage
was denied and plaintiff was so advised in correspondence dated
March 21, 1997. At that time, plaintiff was specifically
advised, to t- 211.x, that "at the present time you have no
coverage" and that defendant would attempt to submit the
application to other carriers "but cannot bind coverage without
prior company approval".
12. It is admitted only that plaintiff, consistent with the
Insurance Proposal provided to him, issued a check in the amount
of $846.25 as a down payment with his application. Said check was
3
t
t
held in the account of Managing Partners pending the binding of
coverage with an insurance carrier and at a rate acceptable to
plaintiff Sprague.
13. Denied. This allegation is denied as unintelligible.
By way of further response, it is admitted only that the
application of March 14, 1997 was submitted to Presque Isle
Insurance Company by Raymond C. Grandon, Jr. of Managing Partners
Insurance, on behalf of plaintiff Daniel Sprague and The Boli
Factory.
14. It is admitted only that, on or about March 21, 1997,
plaintiff was informed that Presque Isle Insurance Company had
declined to issue a policy of insurance pursuant to the
application submitted by plaintiff. At that time, plaintiff was
specifically advised, inter alia, that coverage was being
declined because an application, unbeknownst to defendant
Grandon, had already been submitted to Presque Isle and
previously declined. By way of further response, plaintiff was
specifically advised on March 21, 1997 that "at the present time
you have no coverage" and that Managing Partners Insurance '
"cannot bind coverage without prior company approval".
i
15. Denied as stated. It is admitted only that, on or
about April 8, 1997, a representative of Selective Insurance
Company's Underwriting Department provided answering defendant (I
with a premium quotation for plaintiff's business operations.
4 ?
That quotation specifically indicated that no coverage had yet
been bound and further indicated that, prior to binding coverage,
the insurance company would need, inter alia, "three year hard
copy loss runs for all lines". This information was never
provided to answering defendants by plaintiff, despite repeated
requests.
16. Denied. It is admitted only that, on or about May 15,
1997, answering defendant Grandon met with plaintiff Sprague for
purposes of preparing and submitting a second application for
insurance coverage, this time to be submitted to Selective
Insurance. Plaintiff Sprague signed said Application, which was
prepared by defendant Grandon based on information provided by
plaintiff, and also signed a document entitled Pennsylvania Fraud
Statement, which document was made a part of the Application
subsequently forwarded to Selective Insurance.
17. Denied. It is specifically denied that Sprague
requested that Grandon refund the deposit check; to the contrary,
Grandon asked Sprague whether he should return the deposit check
or continue to solicit insurance carrier(s) on plaintiff's
behalf. Sprague instructed Grandon to continue in his attetopts
to procure coverage. By way of further answer, it is
specifically denied that Grandon told plaintiff on May 15, 1997 t
(or at any other time) that Sprague had insurance coverage for
I
his business.
5
18, Denied. It is specifically denied that Grandon ever
told Sprague that he had insurance coverage for his business. As
Sprague was specifically advised on several
occasions, coverage
could not be bound without prior company underwriting approval.
19• Denied. To the contrary, the Application was submitted
to Selective Insurance.
20. Denied. After reasonable investigation, answering
defendants are without knowledge or information sufficient to
form a belief as to the truth of the
factual averments set forth
in paragraph 20 of plaintiffs, Complaint. Strict proof in
support thereof is demanded at the time of trial.
21• Denied. After reasonable investigation, answering
defendants are without knowledge as to who plaintiff made a claim
for insurance coverage to and the response(s) received. It is
admitted, however, that answering defendant was never able to
obtain insurance coverage for plaintiffs which would have
responded to the subject fire loss of June 10, 1997.
22. Denied. After reasonable investigation, answering
defendants are without knowledge or information sufficient to
form a belief as to
the truth of the factual averments contained
in paragraph 22 of plaintiffs, Complaint. Strict proof in
support thereof, if deemed relevant, is demanded at the time of
trial.
23• Denied. The allegations set forth in paragraph 23 of
6
i?
1
Plaintiffs, Complaint are conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of
Civil Procedure. Strict proof in support thereof is demanded at
the time of trial. By way of further answer, plaintiff's failure
to secure insurance coverage for his business was a result of his
own actions and/or inactions and not any conduct of answering
defendants herein.
COUNT I-NEGLIGENCE
-
24. Answering defendants incorporate by reference their
responses to paragraphs 1 through 231 above, as fully as though
same were set forth at length herein.
25• Denied. The allegations set forth in paragraph
plaintiffs' 25 of
Complaint constitute
conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of
civil Procedure. strict proof in support thereof is demanded at
the time of trial.
26. Denied. It is specifically denied that answering
defendant Grandon was negligent and/or breached any duties owed
to plaintiffs herein
said allegations being denied as
conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure. By wa o
further answer way of
I ,
it is specifically denied that:
(a) defendant Grandon failed to submit the May 15, 1997
7
I.
Application for insurance to Selective Insurance;
(b) defendant Grandon represented to Sprague that he had
coverage after signing the Second (or any) Application for
Insurance;
(c) defendant Grandon failed to inform Sprague that no
insurance existed at the time of the Second Application; and/or
(d) failed to properly assist plaintiff in attempting to
procure insurance for his business interests. I'
27. Denied. The allegations set forth in paragraph 27 of
plaintiffs' Complaint are denied as conclusions of law to which
no responsive pleading is required under the Pennsylvania Rules
of Civil Procedure. Strict proof in support thereof is demanded
at the time of trial.
WHEREFORE, answering defendants, Strickler Insurance Agency,
Managing Partners Insurance and Raymond C. Grandon, Jr., demand
that plaintiffs' Complaint be dismissed and judgment entered in
their favor on all causes of action asserted.
COUNT II-NEGLIGENCE
THE BOLI FACTORY VS. STRICKLER INSURANCE AGENCY
t/d/b/a MANAGING PARTNERS INSURANCE
28. Answering defendants incorporate by reference their
responses to paragraph 1 through 27, above, as fully as though
same were set forth in length herein.
29. Denied. The allegations set forth in paragraph 29 of
C
plaintiffs' Complaint are denied as conclusions of law to which
8
risk of plaintiff Sprague.
55. Plaintiffs' damages, if any, were caused by third
parties over whom answering defendants had no control.
56. Plaintiffs' claims are barred by the applicable statute
of limitation, in that plaintiffs knew or should have known of
the alleged wrongful conduct of answering defendants prior to the
expiration of the applicable statute of limitations.
58. Plaintiffs' Complaint fails, in whole or in part, to
state a claim against answering defendant Raymond C. Grandon, Jr.
upon which relief can be granted.
58. Any action or inaction of answering defendant, its
agents, servants, workmen and/or employees, were not the
proximate cause of the damages sustained by plaintiffs.
59. Plaintiff Sprague failed to exercise the care of a
reasonably prudent business person for the protection of his own
property and business, which failure proximately caused the
damages for which claim is now being made by plaintiffs.
60. Plaintiffs' claims are barred by the doctrine of
unclean hands.
61. Plaintiff has failed to mitigate damages.
WHEREFORE, answering defendants, Strickler Insurance Agency,
Managing Partners Insurance and Raymond C. Grandon, Jr., demand
that judgment be entered in their favor on their New Matter and
that all causes of action asserted against them be dismissed,
12
with prejudice.
DATED:
MURPHY & O'CONNOR, LLP
BY: Michael J. Dunn Esquire
Attorney fo endants,
Raymond C. Grandon, Jr.,
Strickler Insurance Agency and
Managing Partners Insurance
13
r
VERIFICATION
I, Michael J. Dunn, Esquire, attorney for Defendants, Raymond
C. Grandon, Jr., Managing Partners Insurance, and Strickler
Insurance Agency, hereby verify that I am authorized to take this
Verification on their behalf and that the statements contained in
the foregoing Answers to Plaintiffs' Complaint are true and correct
to the best of my knowledge, information and belief. I am aware
that if any of the statements contained herein are wilfully false,
I am subject to punishment.
MURPHY & O'CONNOR
DATED:
BY: Michael J. D nn, squire
Attorney for efe dants,
Raymond C. Gran on, Jr.,
Managing Partners, Insurance and
Strickler Insurance Agency
To
i
Exhibit D
,.YT,p}LU L-UIILLJCL.LCtL1U L.UUILLY YLUL.11U11ULGLy t ULLLUC
Civil Case inquiry CE yC 1
1999-03470 BOLI FACTORY INC THE ET AL (vs) GRAN DON RAYMOND C JR ET AL
Reference No..: Filed........: 6/08/1999
Case Type.....: WRIT OF SUMMONS Time.........: 3:08
Judgment..... .00 Execution Date 0/00/0000
Judge Assigned: Jury Trial....
Disposed Desc.: Disposed Date. 0/00/0000
------------ Case Comments ---- --------- Higher Crt l.:
Higher Crt 2.:
******************************** **************** ********************** **********
General Index Attorney Info
SOLI FACTORY INC THE PLAINTIFF BARIC DAVID A
SPRAGUE DANIEL L PLAINTIFF BARIC DAVID A
GRANDON RAYMOND C JR DEFENDANT
C/O MANAGING PARTNERS INSUR
1105 RANA VILLA AVENUE
CAMP HILL PA 17011
SELECTIVE INSURANCE DEFENDANT GEDULDIG STEPHEN E
WANTAGE AVENUE THORP MICHELE J
BRANCHVILLE NJ 07890
MANAGING PARTNERS INSURANCE DEFENDANT
1105 RANA VILLA AVENUE
CAMP HILL PA 17011
STRICKLER INSURANCE AGENCY DEFENDANT
161 NORTH EIGHTH STREET
LEBANON PA 17042
STRICKLER INSURANCE AGENCY T/A DEFENDANT
MANAGING PARTNERS INSURANCE
1105 RANA VILLA AVENUE
CAMP HILL PA 17011
LEMKE PHILIP C DEFENDANT GANNON DREW P
4290 SUNSHINE BOULEVARD
ST JAMES CITY FL 33956 2413
LEMKE ROSE A DEFENDANT SHIPMAN JEFFERSON J
861 MARKET STREET
LEMOYNE PA 17043
********************************************************************************
* Date Entries
FIRST ENTRY
6/08/1999 PRAECIPE-FOR-WRIT -OF -SUMMONS -IN -CIVIL -ACTION_WRIT -OF -SUMMONS-ISSUED
7/13/1999 PRAECIPE FOR ENTRY OF APPEARANCE FOR SELECTIVE INSURANCE BY
STEPHEN E GEDULDIG ESQ AND MICHELE J THORP ESQ
------------------------------------------------------------------
7/13/1999 PRAECIPE FOR RULE TO FILE COMPLAINT BY STEPHEN E GEDULDIG ESQ
-------------------------------------------------------------------
1/13/1999 RULE TO FILE COMPLAINT BY CURTIS R LONG PROTHONOTARY
-------------------------------------------------------------------
7/16/1999 PRAECIPE - FILE OF RECORD THE ATTACHED CERTIFICATE OF SERVICE
WHICH SERVED THE RULE TO FILE A COMPLAINT UNPON PLAINTIFFS ISSUED
BY THE PROTHONOTARY OF CUMBERLAND COUNTY ON 7/13/99 STEPHEN E
GEDULDIG ESQ
-------------------------------------------------------------------
7{27/1999 SHERIFF'S RETURN FILED.
Litigant.:-G ON RAYMOND C JR
SERVED 6 15/99 WRIT OF SUMMONS
Costs....: $ 5.330 Pd By: O'BRIEN, BARIC & SCHERER 07/27/1999
-------------------------------------------------------------------
7/27/1999 SHERIFF'S RETURN FILED.
Litigant.: AGING PARTNERS INSURANCE
SERVED 6 16/99 WRIT OF SUMMONS
Costs....: $14.00 Pd By: O'BRIEN, BARIC &'SCHERER 07/27/1999
7/2 --------------------------------------------
----------------------
7/1999 Litigan-t.:RSTRICKLEREDINSURANCE AGENCY T/A MANAGING PARTNERS INSURAN
PxS510 Cumberiand County Prothonotary's Uttlce Page L
Civil Case Inquiry
1999-03470 BOLI FACTORY INC THE ET AL (vs) GRANDON RAYMOND C JR ET AL
Reference No..: Filed........: 6/08/1999
: 3:08
Time
Case Type.
Judgment.. ....: WRIT
.. OF SUMMONS
.00 ..;......
Execution Date 0/00/0000
Judge Assigned:
Disposed Desc.: Jury Trial....
Disposed Date. 0/00/0000
---------- -- Case Comments ------------- Higher Crt 1.:
Higher Crt 2.:
SERVED :
:
Costs 6116199 WRIT OF SUMMONS
00 Pd By: O'BRIEN, BARIC
$14 & SCHERER 07/27/1999
.... .
------------------- ---------------------------
7/27/1999 ----------
SHERIFF'S -----------
RETURN FILED.
Litigant.: LEMK ROSE A
SERVED
:
ts
C 6 10/99 WRIT OF SUMMONS
92 Pd By: O'BRIEN, BARIC
$23
& SCHERER 07/27/1999
....
os .
----------------- ---------------------------
7/27/1999 ----------
SHERIFF'S -------------
RETURN FILED.
Litigant.: S RI KLER INSURANCE AGENCY
WRIT OF SUMMONS L
EBANON CO
SERVED :
:
C
ts 616/99
45 Pd By: O'BRIEN, BARIC
$5555550 & SCHERER 07/27/1999
....
os .
------------------------ ---------------------------
7/27/1999 ----------
SHERIFF'S ------
RETURN FILED.
Litigant.: LFMK$ PHILIP C
WRIT OF SUMMONS
SERVED :
Costs....: 6422/99
$ 9.67 Pd By: O'BRIEN, BARIC
----------------- & SCHERER 07/27/1999
---------------------------
7/27/1999 ----------
SHERIFF'S -------------
RETURN FILED.
Litigant.: SELECTIVE INSURANCE
WRIT OF SUMMONS
SERVED :
Costs....: 6/10/99
$19.67 Pd By: O'BRIEN, BARIC & SCHERER 07/27/1999
-----------------
9/22/1999
-------------------------
-------------------------
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE
4009.22
-------
----------------------------
10/19/1999 --------------------------------
ECIPE TO RECORD THE CERTIFICATE OF SERVICE BY STEPHEN E GEDULDIG
R
ES
Q
----- ----------------------------- ----------------------------
10/21/1999 -----
COMPLAINT
11/16/1999 PRELIMINARY OBJECTIONS OF DEFENDANTS STRICKLER INSURANCE AGENCY
t to A%Tnn AnVMro v •r/A MANAr.TMr_ PARTNERS INSURANCE
PLAINTIFFS'
-- - ----•-
12/01/1999 PRAECIPE FOR ENTRY OF APPEARANCE FOR ROSE LEMKE BY JEFFERSON J
SHIPMAN ESQ _ ---------------------------------------------
12/02/1999 PLAINTIFFS' RESPONSE TO THE PRELIMINARY OBJECTIONS OF STRICKLER
INSURANCE AGENCY T/A MANAGING PARTNERS INSURANCE MANAGING PARTNERS
INSURANCE AND RAYMOND C GRANDON JR _ _
---------------------------------------------
12/14/1999 ANSWER WITH NEW MATTER OF DEFENDANT ROSE A LEMKE TO PLAINTIFFS'
COMPLAINT _ _
1/03/2000 ENTRY OF APPEARANCE FOP PHILIP C LEMKE-BY-DREW-P-GANNON-ESQ _ -
-------------------- ---
1/06/2000 REPLY TO NEW MATTER OF ROSE A LEMKE
------------------------------------------------------------
1/25/2000 MOTION TO DISMISS OF DEFENDANT SELECTIVE INSURANCE
------------------------------------
---------------
2/04/2000 ANSWER AND NEW MATTER OF DEFENDANT PHILIP LEMKE TO PLAINTIFF
COMPLAINT ---------------------------------------------
2/08/2000 ORDER - DATED 2/3/00 - IN RE MOTION TO DISMISS OF DEFENDANT
SELECTIVE INSURP,N?E - DISMISSED FROM CASE BY J WESLEY OLER JR J
COPIES MAILED 2/8 00
2/23/2000 REPLY TO NEW MATTER OF DEFENDANT PHILIP LEMKE
4/27/2000 PRAECIPE TO 14ITHDPAW PRELIMINARY OBJECTIONS TO PLAINTIFFS COMPLAINT
BY MICHAEL J DUNN ESQ ________________
6/26/2000 ANSWER OF DEFENDANTS STRICKLER INSURANCE AGENCY MANAGING
PARTNERS INSURANCE AND RAYMOND C.GRANDON JR TO PLAINTIFFS
COMPLAINT WITH NEW MATTER _ _ _ __ _ ___ _________________
'XS51U Cumnerlanaicounty Inquiry tary's orrice rage s
1999-03470 BOLI FACTORY INC THE ET AL (vs) GRANDON RAYMOND C JR ET AL
Reference No..: Filed........: 6/08/1999
Case Tynte.....: WRIT OF S OMOONS Time.......... 3:08
Execution Date 0/00/0000
Judge Assigned: Jury Trial....
Dis osed Desc.: Dispposed Date. 0/00/0000
P Case Comments Higher Crt 1.:
---------- -------
Higher Crt 2.:
7/11/2000 REPLY OF PLAINTIFFS TO NEW MATTER OF STRICKLER INSURANCE AGENCY
MANAGING PARTNERS INSURANCE AND RAYMOND C GRANDON JR
7/13/2000 DEFENDANT STRICKLER INSURANCE AGENCY MANAGING PARTNERS INSURANCE
AND RAYMOND C GRANDON JR PARAECIPE TO ATTACH VERIFICATION
LAST ENTRY - - - - - - - - - - - - - -
* Escrow Information
* Fees & Debits Bed Bal Py*mts/Adj End Bal
******************************** ******** ****** *******************************
WRIT OF SUMMONS 35.00 35.00 .00
TAX ON WRIT 50 .50 .00
SETTLEMENT 5.00 5.00 .00
JCP FEE 5.00 5.00 .00
SATISFACTION 5.00 5.00 .00
------------------------ ------------
50.50 50.50 .00
********************************************************************************
* End of Case Information
********************************************************************************
E,
320 MARKET S'rRF.F.'P • STRAWBERRY SOU.ARF.
P.O. Box 1268 • HARRISBURG, PENNSYLVANIA 17108.126
717.234.4161 717.234.6808 (FAX)
GIBS
OF COUNSEL
F. LEE SHIPMAN
COUNSEL
JOSHUA D. LOCK
ARNOLD B. KOGAN
ARTHUR L. GOLDBERG
(1951.2000)
HARRY B. GOLDBERG
(1961.1998)
RONALD M. KATZMAN
PAUL J. Esmsn-o
NEIL HENDERSHOT
J. JAY COOPER
THOMAS E. BRENNER
JOHN A. STATLER
APR!. L. S`FRL' :.RrTAY
GI1' H BROOKS
JF.FFF.RSONJ. iHIPMAN
JERRI' J. RUSSO
MICHAEL J. CROCENZI
T140MAS J. WEBER
STEVEN E. GRUBB
JOHN DELORF.NZO
JOHN R. NINOSKY
ROYCE L. MORRIS
DAVID N1..iTF.CKEL
HEATHER L. FERN.SLER
GOLDBERG, KATZMAN & SHIPMAN, P.C.
ATTORNEYS AT LAW
David A. Baric, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
February 28, 2002
RE: The Boli Factory, Inc., v.
Raymond C. Grandon, Jr., Selective Insurance,
Managing Partners Insurance, Strickler
Insurance Agency t/a Managing Partners
Insurance, Phillip C. Lemke and Rose A. Lemke
Case No. 99-3970
Dear Dave:
Please advise as to your client's intentions with
regard to pursuing the above-referenced matter.
Very truly yours,
JJS:sjb
Jefferson J. Shipman
cc: Drew Gannon, Esquire
Michael Dunn, Esquire
34149.4
CARLISLE 0 FFIC F: 117.:45.0597 • YDRK 0 FF ICE: 717.843.7912
Exhibit F
LAW OFFICES
MURPHY AND O' CONNOR, LLP
sUFrE 1100
'IIVO PENN CENTER PLAZA
MICHAEL J. DUNN 15111 AND J.r.K. BOULEVARD
"Ma" Of 711E PENNSYLVANIA PHILADELPHIA. PA. 19102
AND N[W J[ESEV"M
(215) 564.04110
PAX (215) 564-1973
E-MAIL. - MDUNNMOC n,AO1.,COM
May 3, 2002
David Baric, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
NEW JEIISEY OFFICE
COMMENCE CENTER. SMITE 120
1910 CIIAFEL AVENUE. WEST
CIIEMY 1111,4 NJ 06002-46117
(6501666-9292
FA%(EW)665.6566
Re: The Boli Factory, Inc. and Daniel L. Sprague
vs. Raymond C. Grandon, Jr., et al.
CCP, Cumberland County, No: 99-3970
Dear Mr. Baric:
2002This follows our discussion regarding this case on May 2,
.
As you are aware, there has been an extended period of
inactivity on this file and the matter presumably will be
dismissed for that reason in the very near future. Please advise
me immediately if your client intends to take any further action
with regard to the prosecution of this claim.
Thank you.
Very truly yours,
MURPHY & O'CONNOR
Michael J. Dunn
MJD/mal
cc: Drew P. Gannon, Esquire
Jefferson J. Shipman, Esquire
Is
i?
fA
L1
G
Exhibit G
320 MARKET STREET • STRAW111'. Rill' SQ11ARE
F.G. BOX 1268 • HARRISBURG, PENNSYLVANIA 17108.126E
717.234.4161 • 717.234.680E (FAX)
APH 2 9 200
GOLDBERG. KATZMAN & SHIPMAN, P,C.
G6 2
ATTORNEYS AT LAW fi
April 26, 2002
OF COUNSEL
F. LEE SHIPMAN
Drew P. Gannon, Esquire
Hartman & Miller
COUNSEL 126-128 walnut Street
JOSHUA D. LOCK Harrisburg, PA 17101
ARNOLD B. KOGAN
Michael Dunn, Esquire
2 Penn Center Plaza, Suite 1100
ARTHUR L. GOLDBERG 1 55th Floor
(1951.2000)
HARRY B. GOLDBERG JFK Boulevard
(1961-1998) Philadelphia, PA 19102
RONALD M. KATZMAN
PAUL]. ESPOSITO
NEIL HENDERSHOT
J. JAY COOPER
THOMAS E. BRENNER
JOHN A. STATLER
APRIL L. STRANG-KUTAY
GUY H. BROOKS
JEFFERSON J, SHIPMAN
JERRY J. RUS50
MICHAEL J. CROCENZI
THOMAS]. WEBER
STEVEN E. GRUBB
JOHN DELORENZO
JOHN R. NINOSKY
ROYCE L. MORRIS
DAVID M. STECKEL
HEATHER L. FERNSLER
RE: The Boli Factory, Inc., v.
Raymond C. Grandon, Jr., Selective Insurance,
Managing Partners Insurance, Strickler
Insurance Agency t/a Managing Partners
Insurance, Phillip C. Lemke and Rose A. Lemke
Case No. 99-3470
Gentlemen:
Do either of you have any suggestions on forcing
Plaintiff to do something with this case? I have
written to him at least twice within the past couple of
months to no avail. Please call me at your convenience
to discuss this more fully.
V ry truly yours,
6
JJS:mem J fe n J. S ipman
CARLISLE OFFICE: 717.245.0597 • YORK OFFICF: 717.843.7912
H
Exhibit H
I . 1 ..
320 NI Ali KET' S'1 Ile V' I' • STRAW114RRY Spt'ARI.
P.O. B(1K 1268 • HARRISBURG, PEN'SSYIRAYIA 17109-1268
717,234.4161 • 717,234.680.4 (FAS)
y.
GOLDBERC, KATZMAN & SHIPMAN, P.C.
A'rrolINVIS AT LAB'
August 21, 2002
OF COUNSEL
F. LEE. SHIPMAN
COUNSEL
JOSHUA D. LocK
ARNOLD B. KOCAN
David A. Baric, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
ARTHCR L. GOLDBERG
(1951.2000)
HARRY B. GOLDBERG
(1961.1998)
RONALD M. KATZMAN ...
PAUL J. Esrosrro
NEIL HENDERSHOT
J. JAY COOPER
THOMAS E. BRENNER
JOHN A. STATLER
APRIL L. STRANG-KUTAY
GUY H. BROOKS
. JEFFERSON J. SHIPMAN
JERRY J. RUSSO
MICHAEL J. CROCENZI
THOMAS J. WEBER
STEVEN E. GRUBB
JOHN DELORENZO
JOHN R. NINOSKY
ROYCE L. MORRIS
DAVID M. STECKEL
HEATHER L. FF,RNSLF.R
RE: The Boli Factory, Inc., v.
Raymond C. Grandon, Jr., Selective Insurance,
Managing Partners Insurance, Strickler
Insurance Agency t/a Managing Partners
Insurance, Phillip C. Lemke and Rose A. Lemke
Case No. 99-3470
Dear Dave:
Please advise as to your client's intentions with
regard to further pursuit of this matter.
Very truly yours,
JJS:mem Jefferson J. Shipman
cc: Drew Gannon, Esquire
Michael Dunn, Esquire
C 4 K 1. 1V, t. ()1'1 11 '. 1.' 717,245.OSYi • YnRe O,I U:l;: 717.114.1791,
? r.
? y L-
F "
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- r:? ..
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U U
OCT 0 2 2001
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D.# 99893
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 569-0900
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc. and
Daniel L. Sprague
VS.
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners, Phillip C. Lemke:
and Rose A. Lemke
ORDER
AND NOW, this day of
Court of Common Pleas
Cumberland County
No: 99-3970
Civil Term
, 2002, upon
consideration of defendant Raymond C. Grandon, Jr., Managing
Partners Insurance and Strickler Insurance Agency's Petition for
Entry of Judgment of Non Pros, and any response thereto, it is
hereby ORDERED AND DECREED that said Petition is GRANTED.
Plaintiffs' claims are hereby dismissed, with prejudice, for
failure to prosecute the within action within a reasonable time
for want of due diligence.
J.
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D.# 99893
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 569-0900
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc. and
Daniel L. Sprague
VS.
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners, Phillip C. Lemke:
and Rose A. Lemke
ORDER
AND NOW, this day of
Court of Common Pleas
Cumberland County
No: 99-3970
Civil Term
, 2002, upon
consideration of defendant Raymond C. Grandon, Jr., Managing
Partners Insurance and Strickler insurance Agency's Petition for
Entry of Judgment of Non Pros, and any response thereto, it is
hereby ORDERED AND DECREED that said Petition is GRANTED.
Plaintiffs' claims are hereby dismissed, with prejudice, for
failure to prosecute the within action within a reasonable time
for want of due diligence.
J.
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D.# 99893
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 569-0900
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc. and
Daniel L. Sprague
VS.
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners, Phillip C. Lemke:
and Rose A. Lemke
ORDER
No: 99-3970
Civil Term
AND NOW, this day of , 2002, upon
consideration of defendant Raymond C. Grandon, Jr., Managing
Partners Insurance and Strickler Insurance Agency's Petition for
Entry of Judgment of Non Pros, and any response thereto, it is
hereby ORDERED AND DECREED that said Petition is GRANTED.
Plaintiffs' claims are hereby dismissed, with prejudice, for
failure to prosecute the within action within a reasonable time
for want of due diligence.
Court of Common Pleas
Cumberland County
J.
MURPHY & O'CONNOR, LLP
BY: Michael J. Dunn
I.D.# 99893
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 569-0900
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc. and
Daniel L. Sprague
VS.
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners, Phillip C. Lemke:
and Rose A. Lemke
ORDER
AND NOW, this day of
Court of Common Pleas
Cumberland County
No: 99-3970
Civil Term
, 2002, upon
consideration of defendant Raymond C. Grandon, Jr., Managing
Partners Insurance and Strickler Insurance Agency's Petition for
Entry of Judgment of Non Pros, and any response thereto, it is
hereby ORDERED AND DECREED that said Petition is GRANTED.
Plaintiffs' claims are hereby dismissed, with prejudice, for
failure to prosecute the within action within a reasonable time
for want of due diligence.
J.
MURPHY & O'CONNOR, LLP °
By: Michael J. Dunn
I.D.# 44893
Two Penn Center
15TH & J.E. Kennedy Blvd.
Philadelphia, PA 19102
(215) 564-0400
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc. and
Daniel L. Sprague Court of Common Pleas
Cumberland County
VS. No: 99-3470
Raymond C. Grandon, Jr., Civil Term
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners, Phillip C. Lemke:
and Rose A. Lemke
ORDER
AND NOW, this day of 2002, upon
consideration of defendant Raymond C. Grandon, Jr., Managing
Partners Insurance and Strickler Insurance Agency's Petition for
Entry of Judgment of Non Pros, and any response thereto, it is
hereby ORDERED AND DECREED that said Petition is GRANTED.
Plaintiffs' claims are hereby dismissed, with prejudice, for
failure to prosecute the within action within a reasonable time
for want of due diligence.
J.
I
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THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY, t/8 MANAGING
PARTNERSINSURANCE,
PHILIP C. LEMKE and
ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 3'170 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons in the above-referenced case on behalf of the Plaintiffs, The
Boli Factory, Inc. and Daniel L. Sprague, to the Defendants, Raymond C. Grandon, Jr., Selective
Insurance, Managing Partners Insurance, Strickler Insurance Agency, Strickler Insurance Agency,
t/a Managing Partners Insurance, Philip C. Lemke and Rose A. Lemke.
Date:
O'BRIEN, BARIC & SCHERER
,6v?u ` d .1
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Commonwealth of Pennsylvania
County of Cumberland
The Boli Factory, Inc. and
Daniel L. Sprague
vs
Raymond C. Grandon, Jr.,
Selective Insurance,
Managing Partners Insurance,
Strickler Insurance Agency,
Strickler. Insurance Agency, t/a
Managing Partners Insurance,
Philip C. Lemke and
Rose A. Lemke (Addresses on Next Page)
Court of Common Pleas
No. _9-4_3A1Q_C1VIL_XEM------------- 19----
In __Civil ACtitw_L K_____
To R?}?nQr._?t_?Xa9lL?_dF,?_??lccxtY2_JJtsurance, Managing Partners Insurance, Strickler
Insurance Agency, Strickler Insurance Agency, t/a Managing Partners Insurance,
You are herebv notified that Philip C. Lemke and Rose A. Lemke
The-Boli-Factory, Inc. and Daniel L. Sprague
°-------------- ------------------------ -------------------------------------------
the Plaintiff have commenced an action in ___ CiViL. aw_____
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
..Curtis_R_-Long ____________________
Prothonotary
Date ------- 110'9-8---------------- 1992- lly 71uS-sr_---------
Deputy
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Please serve the Defendants as follows:
Raymond C. Grandon, Jr.
c/o Managing Partners Insurance
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Selective Insurance
Wantage Avenue
Branchville, New Jersey 07890
Managing Partners Insurance
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Strickler Insurance Agency
161 North Eighth Street
Lebanon, Pennsylvania 17042
Strickler Insurance Agency
t/a Managing Partners Insurance
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Philip C. Lemke
4290 Sunshine Boulevard
St. James City, Fl. 33956-2413
Rose A. Lemke
861 Market Street
Lemoyne, Pennsylvania 17043
VIA PERSONAL SERVICE
VIA CERTIFIED MAIL
RESTRICTED DELIVERY
VIA PERSONAL SERVICE
VIA PERSONAL SERVICE
(DEPUTIZE LEBANON COUNTY SHERIFF)
VIA PERSONAL SERVICE
VIA CERTIFIED MAIL
(FLORIDA RESIDENCE ADDRESS
REQUEST MADE TO POST OFFICE)
VIA PERSONAL SERVICE
s.1 %
Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
Michele J. Thorp, Esquire
Attorney I.D. No. 71117
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Post Ofte Box 999
Harrisburg, Pennsylvania 17108
(717) 237.7100
E-Mail: SeaCcDtthlaw.com
Attorneys for Defendant:
SELECTIVE INSURANCE
THE BOLI FACTORY, INC. and
DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS
INSURANCE, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3470 CIVIL TERM
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Stephen E. Geduldig,
Esquire, Michele J. Thorp, Esquire, and Thomas, Thomas & Hafer,
LLP, as attorneys for Defendant, Selective Insurance, in the
above-captioned matter, reserving our right to answer or
otherwise plead to Plaintiffs' Complaint.
THOMAS, THOMAS & HAFER, LLP
4 Lcii By: "-
:65228.1 STEPHEN E. GEDULDI , ESQUIRE
Attorney I.D. No. 43530
MICHELE J. THORP, ESQUIRE
Attorney I.D. No. 71117
Attorneys for Defendant,
SELECTIVE INSURANCE
i
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing document was served by depositing the same in the
United States Mail, postage prepaid, at Harrisburg,
Pennsylvania, on the day of July, 1999, on all counsel of
record as follows.
David A. Baric, Esquire
O'BRIEN, BARK 6 SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiff
Mr. Raymond C. Grandon, Jr.
C/O MANAGING PARTNERS INSURANCE
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Defendant
MANAGING PARTNERS INSURANCE
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Defendant
Strickler Insurance Agency
161 North Eighth Street
Lebanon, Pennsylvania 17042
Defendant
Strickler Insurance Agency
t/a MANAGING PARTNERS INSURANCE
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Defendant
Ms. Rose A. Lemke
861 Market Street
Lemoyne, Pennsylvania 17043
Defendant
THOMAS, THOMAS 6 HAFER, LLP
Rosa B. ulp, Secre ary .655701
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Stephen E. Geduldlg, Esquire
=01J.- D. No. 43530
Thorp, Esquire
Attorney I.D. No. 71117
THOMAS. THOMAS & HAFER, LLP
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7100
E-Mail: SBOt?U7,Yfh?Bw corn Attorneys for Defendant:
SELECTIVE INSURANCE
THE BOLI FACTORY, INC. and IN THE COURT OF COMMON PLEAS OF
DANIEL L. SPRAGUE, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. No. 99-3470 CIVIL TERM
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS
INSURANCE, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
PRAECIPE AND RULE TO FILE A COMPLAINT
TO THE PROTHONOTARY OF SAID COURT:
Please issue a Rule on Plaintiff to file a Complaint in the above case
within twenty (20) days after service of the Pule or suffer a judgment of non
pros.
THOMAS, THOMAS 6 HAFER, LLP
:65573. By.
H
STE E E. GEDULDIG, E QUIRE
Attorney
I.D. No. 435 0
MICHELE J. THORP, ESQUIRE
Attorney I.D. No. 71117
Attorneys for Defendant,
SELECTIVE INSURANCE
RULE
NOW, Jul t ?t / ?7nJ 1999, RULE IS ISSUED AS. ABOVE.
*10t honotary
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Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
Michele J. Thorp, Esquire
Attorney I.D. No. 71117
THOMAS, THOMAS 6 HAFER, LLP
305 North Front Street
Past Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7100
E-Mail: M@fthlaw.com
Attorneys for Defendant:
SELECTIVE INSURANCE
THE BOLI FACTORY, INC. and
DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS
INSURANCE, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3470 CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY OF SAID COURT:
Please file of record the attached Certificate of Service which
served the Rule to File a Complaint upon Plaintiffs issued by the
Prothonotary of Cumberland County on July 13, 1999, with regard to the
above-captioned matter.
THOMAS, THOMAS 6 HAFER, LLP
:66178. By
ST HEN E. GEDULDIG, ES UIRE
Attorney I.D. No. 43530
MICHELE J. THORP, ESQUIRE
Attorney I.D. No. 71117
Attorneys for Defendant,
SELECTIVE INSURANCE
Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
Michele J. Thorp, Esquire
Attorney I.D. No. 71117
THOMAS, THOMAS d HAFER, LLP
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237.7100 Attorneys for Defendant:
E•Mail: sec(Dtthlaw.COnl SELECTIVE INSURANCE
THE BOLI FACTORY, INC. and IN THE COURT OF COMMON PLEAS OF
DANIEL L. SPRAGUE, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. No. 99-3470 CIVIL TERM
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY, c .?
t/a MANAGING PARTNERS ?. "
INSURANCE, PHILIP C. LEMKE
and ROSE A. LEMKE, `zr - -:
cn W ^
O
Defendants ?
? - m
PRAECIPE AND RULE TO FILE A CObIPLAINT ,V
CZ K
TO THE PROTHONOTARY OF SAID COURT:
Please issue a Rule on Plaintiff to file a Complaint in the above case
within twenty (20) days after service of the Rule or suffer a judgment of non
pros.
r? THCMAS, THOMAS L HAFF.R, LLP
( By:
655734 STE.HE E. G70ULDIG, E QUIRE
Attorney I.D. No. 435 0
MICHELE J. THORP, ESQUIRE
Attorney I.D. No. 71117
Attorneys for Defendant,
SELECTIVE INSURANCE
RULE
f 0 1 19i?, F.ULE IS ISSUED AS ABOVE.
NCW,
JL_
sGthcnotary
I
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing document was ser ed by depositing the same in the
United States Mail, post prepaid, at Harrisburg,
Pennsylvania, on the day of July, 1999, on all counsel of
record as follows:
David A. Baric, Esquire
O'BRIEN, BARIC b SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiff
Mr. Raymond C. Grandon, Jr.
c/o MANAGING PARTNERS INSURANCE
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Defendant
MANAGING PARTNERS INSURANCE
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Defendant
Strickler Insurance Agency
161 North Eighth Street
Lebanon, Pennsylvania 17042
Defendant
Strickler Insurance Agency
t/a MANAGING PARTNERS INSURANCE
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Defendant
Ms. Rose A. Lemke
861 Market Street
Lemoyne, Pennsylvania 17043
Defendant
THOMAS, THOMAS 6 HAFER, LLP
d.
Rosa B. Kulp, Secretary :65570.1
1 ,.
I CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing
PRAECIPE SERVING THE EXECUTED RULE TO FILE A COMPLAINT EXECUTED BY THE
CUMBERLAND COUNTY PROTHONOTARY ON JULY 131 1999 was served by
depositing the same in the United S to Mail, postage prepaid, at
Harrisburg, Pennsylvania, on the day of July, 1999, on all
counsel of records as follows.
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiff
Mr. Raymond C. Grandon, Jr.
C/o MANAGING PARTNERS INSURANCE
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Defendant
MANAGING PARTNERS INSURANCE
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Defendant
Strickler Insurance Agency
161 North Eighth Street
Lebanon, Pennsylvania 17042
Defendant
Strickler Insurance Agency
t/a MANAGING PARTNERS INSURANCE
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Defendant
Ms. Rose A. Lemke
861 Market Street
Lemoyne, Pennsylvania 17043
Defendant
THOMAS, THOMAS 6 HAFER, LLP
i
Rosa Kulp ;iecretazy 179.1
n; C`: E y
of
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C.J fh (J
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-03470 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOLI FACTORY INC THE ET AL
VS.
GRANDON RAYMOND C JR ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within,
named defendant, to wit: STRICKLER INSURANCE AGENCY
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of LEBANON County, Pennsylvania.
to serve the within WRIT OF SUMMONS
On July 27th, 1999 , this office was in receipt of
the attached return from LEBANON County, Pennsylvania
Sheriff's Costs: So answers: /
Docketing 6.00 ??-
Out of County 9.00 ?Y111<D?
Surcharge 8.00 m P, miff
Dep. Lebanon Co 27.45
$bu.4bi 0 RI$N BARIC & SCHERER
07, 27 1b99
Sworn and ubscribed to before me
this ?/ ?? day of 14 It t4 U
19 C A.D.
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-03470 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOLI FACTORY INC THE ET AL
VS.
GRANDON RAYMOND C JR ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according to law,
served the within named DEFENDANT, LEMKE PHILIP C
by United States Certified Mail postage prepaid, on the 22nd day of
June 1999 , at 8:00 HOURS, at 4290 SUNSHINE BLVD
ST JAMES CITY, FL 33956-2413
a true and attested copy of the attached WRIT OF SUMMONS
The returned receipt card was signed by
on 0/00/0000.
Additional Comments:
ITEM RETURNED UNCLAIMED AND UNOPENED ON 7/26/99.
Sheriff's Costs: So answers: /
Docketing 6.00
Cert Mail 5.67
Affi
Affidavit .00 00
Surcharge 8.00 7R, T7 o?R7ine, ilerl
X07BRI?N 99ARIC & SCHERER
SHERIFF'S RETURN - U.S. CERTIFIED MAIL
CASE NO: 1999-03470 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOLI FACTORY INC THE ET AL
VS.
GRANDON RAYMOND C JR ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according to law,
served the within named DEFENDANT SELECTIVE INSURANCE ,
by United States Certified Mail postage prepaid, on the loth day of
June , 1999 , at 8:00 HOURS, at WANTAGE AVENUE
BRANCHVILLE, NJ 07890
a true and attested copy of the attached WRIT OF SUMMONS
The returned receipt card was signed by KRISTEN CONRY
on 6/14/1999.
Sheriff's Costs: So answer
Docketingg 6.00
Cert Mail 5.67
Affidavit .00
Surcharge 8.00 m s Sn-e 1-
$19.67 $I9.6'7 '007/ZIFN§99ARIC & SCHERER
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03470 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOLI FACTORY INC THE ET AL
VS.
GRANDON RAYMOND C JR ET AL
HAROLS WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon GRANDON RAYMOND C JR the
defendant, at 15:45 HOURS, on the pith day of June
1999 at T/A MANAGING PARTNERS INSUR 1105 RANA VILLA AVENUE
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to ANGIE BOSWELL (OFFICE MANAGER)
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs. So answers: Docketing 18.00 iG??IiOK?I'
Service 9.30
Affidavit .00
Surcharge 8.00 o s ine-75LiinwLiit
$33 3U'O' BRI N BARIC && S?CHHERRE'R
99
G W?JJULY erl
Sworn and subscribed befome
this /1114 day of XUQ47
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03470 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOLI FACTORY INC THE ET AL
VS.
GRANDON RAYMOND C JR ET AL
HAROLD WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon MANAGING PARTNERS INSURANCE the
defendant, at 15:45 HOURS, on the 16th day of June
1999 at 1105 RANA VILLA AVENUE
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to ANGIE BOSWELL (OFFICE MANAGER)
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00 /) J
Affidavit .00 I
Surcharge 8.00 bma
R- -ff-,-g eriff---
T470U--O' $RI$N BARIC & SCHERER
07 27 1199
by
Zc S11tPA-LL
Sworn an??d//ff subscribed o befor me
this ??FGt day of U 3
19 q4 A.Dj.
f?
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03470 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOLI FACTORY INC THE ET AL
VS.
GRANDON RAYMOND C JR ET AL
HAROLD WEARY Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS
was served
upon STRICKLER INSURANCE AGENCY T /A MANAGING PARTNERS INSURANCE the
defendant, at 15:45 HOURS, on the 16th day of June
1999 at 1105 RANA VILLA AVENUE
CAMP HILL PA 17011 CUMBERLAND
County, Pennsylvania, by handing to ANGIE BOSWELL (OFFICE MANAGER)
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing Her attention to the contents thereof..
Sheriff's Costs:
Docket So answer
Docketing
Service 6.00
00
Affidavit .00
.00
Surcharge 8.00 - omas i e, S i
SI4OII-'O' BRI$N BARIC & SCHERER
07/27 199
by
?yuty S ?
Sworn and subscribed o before me
this !LLB day of c L'S
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03470 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOLI FACTORY INC THE ET AL
VS.
GRANDON RAYMOND C JR ET AL
HAROLD WEARY , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within WRIT OF SUMMONS was served
upon LEMKE ROSE A the
defendant, at 16:50 HOURS, on the 10th day of June
1999 at 914 INDIANA AVE
LEMOYNE, PA 17043 CUMBERLAND
County, Pennsylvania, by handing to ROSE LEMKE
a true and attested copy of the WRIT OF SUMMONS
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00
Service 9.92
Affidavit .00
Surcharge 8.00 1.7PRQd5 All IU, 5 i
$23.92 O'BRI N BARIC & SCHERER
07/27 199
by ?? c°7i
5 i
Sworn aubscribed o befor me
this at day of C1
Ir7RTT OF SUMMONS
No. _999-3470
Lebanon, PA. June 16, 1999
THE BOLI FACTORY, ETAL
(RETURN TO CUMBERLAND CO. SHERIFF)
VS.
STRICKLER INSURANCE AGENCY
DOCKET PAGE 13891
STATE OF PENNSYLVANIA }
COUNTY OF LEBANON I SS:
Gregory L. Behney, Deputy Shcriff, being duly sworn according to law,
deposes and says that he served the within WRIT OF SUMMONS upon
STRICKLER INSURANCE AGENCY, the within named DEFENDANT, by handing a
true and attested copy thereof, personally, to Patrick Freer, he being
Vice President and person in charge at the time of service, on June 16,
1999, at 11:50 o'clock A.M., at 151 North Eighth Street, Lebanon
(City), Lebanon County, Pennsylvania, and by making known to him the
contents of the same.
Sworn to and subscribed before me
this 16th day of June, A.D., 1999
??.?. Notary Public
I NOTARIALSEAL
`PATRICIA L HARTMAN, III) PUBLIC
11 Lebanon, Lebanon County
My Conoff"m Ex#as Aupust 8, 2002
SHERIFF'S COSTS IN ABOVE PROCEEDINGS
Advanced costs paid on 6/16/99 Check No. 24960 Amount 75.00
Costs incurred: Amount. 27.45
Refund: Check No. 6728 Amount 47.55
All Sheriff's Costs shall be due and payable when services are
performed, and it shall be lawful for him to demand and receive from
the party instituting the proceedings, or any party liable for the
costs thereof, all unpaid sheriff's fees on the same before he shall be
obligated by law to make return thereof.
-Sec. 2, Act of June 20, 1911, P.L. 1072
SO ANSWERS,
u17 r.iie Lou,it ui 4-ominoli Pleas of ?-unine:canrl*'- y, x enns
f vlwsunia
The Boli Factory, Inc.
vs.
Raymond C. Grandon, Jr., et. al.
Serve: Strickler Insurance Agency
No. 99-3470 Civil _ 19
Now, 6/10/99 19_, 1 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, Pa.
Affidavit of Service
Now,
withi
at
by handing to
attested copy of the original
the contents thereof.
So answers,
Sheriff of
COSTS
Sworn and subscribed before
me this day of_
19 ,at
SERVICE S
19? MILEAGE
AFFIDAVIT
o'clock M, served the
County, Pa.
a true and
and made known to
S
(a SENDER:
9 • Complolo:loms 1 aadl0, 2 to, additional services.
p Carer ale horns 3, 4a, and 4b.
' • Print your name and address on Ilm reverse of this loan so that we can return Ins
card to ou.
m • Allach Iyles farm to Iho front at Ilia nmttpinco, or on Iho back if space dons riot
you nl.
rU • re Ronaolual n Receipt Reo on rho mmlple bWOw Ilia number,
article L dale
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1 also wish to receive the
following services (for an '
extra fee):
1. ? Addressee's Address
2X Restricted Delivery
Consult postmaster for ton. 6
?;, Sel6c'tive Insurance 4b. Service Typo ?
' Eo Wan tage Ave ? Registered 'Car' ified
0 ° Branchville, New Jersr,,y ? Express Mail ? Insured c
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7. Date of Delivery
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5
Z 013 337 673
COUNTY OF CUMBERLAND
Office of The Sheriff,
1 Courthouse Square
Carlisle, Pennsylvania 17013
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4290 SunsY:ine Plvd
St. James City, Florida 33956-2113
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No. G•to
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Commonwealth of Pennsylvaaua
County of Cumberland
The Boli Factory, Inc. and
Daniel L. Sprague
vs
Raymond C. Grandon, Jr.,
Selective Insurance,
Managing Partners Insurance,
Strickler Insurance Agency,
Strickler Insurance Agency, t/a
Managing Partners Insurance,
Philip C. Lemke and
Court of Conunon Pleas
No. _98r34ZQ_UVIL_.URe1------------- I9____
In Actaan_LaK_
Rose A. Lemke (Addresses on Next Page)
To R?Y!t!4nd_??_??r9I1?_JF_«_??7eCxL1tB_?nsurance, Managing Partners Insurance, Strickler
Insurance Agency, Strickler Insurance Agency, t/a Managing Partners Insurance,
You are hereby notified that Philip C. Lemke and Rose A. Lemke
The -Boli-Factory=-Inc. -and Daniel L. Sprague
°----------------------- ------- -
the Plaintiff have commenced an action in ___Livil- aw
against you which you are required to defend or a default judgment may be entered against you.
TRUE COPY FROM RECORD
hi Testlmany whorept, I here unto sot my hand
and the Seal of said Cop rt-at CaNA, Pa.
(SEAL) Thi:, '` _by of 19Z
.t'y.
ProthonotaryLurtis_R._.Latg ---ho -------------------------
Date Pmtnotary
------ ,1ng-_8----------------- 19-22- By 71t?Cnsesr_-- ---------
Deputy
Please serve the Defendants as follows:
Raymond C. Crandon, Jr,
C/o Managing Partners Insurance
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Selective Insurance
Wantage Avenue
Branchville, New Jersey 07890
II Managing Partners Insurance
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Strickler Insurance Agency
161 North Eighth Street
Lebanon, Pennsylvania 17042
Strickler Insurance Agency
t7a Managing Partners Insurance
1105 Rana Villa Avenue
Camp Hill, Pennsylvania 17011
Philip C. Lemke
4290 Sunshine Boulevard
St: James City, F1. 33956-2413
Rose A. Lemke
861 Market Street
Lemoyne, Pennsylvania 17043
VIA PERSONAL. SERVICE
VIA CERTIFIED MAIL
RESTRICTED DELIVERY
VIA PERSONAL SERVICE
VIA PERSONAL SERVICE
(DEPUTIZE LEBANON COUNTY SHERIFF)
VIA PERSONAL SERVICE
VIA CERTIFIED MAIL
(FLORIDA RESIDENCE ADDRESS
REQUEST MADE TO POST OFFICE)
VIA PERSONAL SERVICE
I' w
an
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THE BOLI FACTORY, INC., ET AL., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
NO. 99-3470
SELECTIVE INSURANCE, ET AL,
Defendant JURY TRIAL DEMANDED
CERTIFICATE
PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT. TO RULE 4009.221
As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22,
Defendant certifies that:
1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto
was mailed or delivered to each party at least twenty days prior to the day on which
the subpoenas were sought to be served;
2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this
Certificate;
No objection to the subpoenas has been received; and
4. The subpoenas which will be served are identical to the subpoenas which are
attached to the Notice of Intent to Serve Subpoenas.
THOMAS, THOMAS & HAFER, LLP
STEPHEN E. GEDULDIG, ESQUIRE
305 NORTH FRONT STREET - 6T FLOOR
HARRISBURG, PA 171011
(717) 237-7119
ATTORNEY FOR DEFENDANTS
I.
CERTIFICATE
I, STEPHEN E. GEDULDIG, ESQUIRE of the law firm of THOMAS, THOMAS, &
HAFER, LLP do certify that I served the foregoing document on the following person(s), by depositing
the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as
follows:
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
Michael ). Dunn, Esquire
MURPHY & O'CONNOR
Two Penn Center Plaza
Suite 1100
Philadelphia, PA 19102
Jeffrey N. Yoffee, Esquire
YOFFEE & YOFFEE
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
THOMAS, THOMAS & HAFER, LLP
ST HEN E. GEDULDIG, ESQ IRE
(717)237-7119
August 18, 1999
David A. Boric, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
Re: SOLI FACTORY V. SELECTIVE INSURANCE, ET AL.
Dear Attorney Boric:
Enclosed please find a Notice of Intent to Serve Subpoenas pursuant to
Pa.R.C.P. 4009.21 and copies of said subpoenas, regarding the above-referenced matter.
Very truly yours,
THOMAS, THOMAS & HAFER, LLP
Stephen E. Geduldig
SEG:kcb
Enclosures
cc: Michael J. Dunn, Esquire (with enclosures)
l
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
THE BOLI FACTORY, INC., ET AL, IN THE COURT OF COMMON PLEAS
Plaintiff
V. NO. 99-3470
SELECTIVE INSURANCE, ET AL.,
Defendant JURY TRIAL DEMANDED
Defendant, SELECTIVE INSURANCE, intends to serve subpoenas identical to the ones
attached to this notice. You have twenty (20) days from the date listed below in which to file of
record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the
subpoenas may be served.
THOMAS, THOMAS & HAFER, LLP
STEPHEN E. GEDULDIG, ESQUIRE
305 NORTH FRONT STREET - 6TH FLOOR
HARRISBURG, PA 17108
(717) 237-7119
ATTORNEY FOR DEFENDANT
Date:
TO: Counsel and Parties of Record
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
THE SOLI FACTORY, INC., ET AL,
Plaintiff
IN THE COURT OF COMMON PLEAS
V.
SELECTIVE INSURANCE, ET AL.,
Defendant
: NO. 99-3470
. JURY TRIAL DEMANDED
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009,22
TO: Custodian of Records, Insurance Dept., Bureau of Consumer Services, Commonwealth of
PA, 1321 Strawberry Square, Harrisburg, PA 17120
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following
documents or things:
at: Thomas. Thomas & Hafer LLP 305 N Front St P.O Box 999 Harrisburg PA 17108-
0999
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with
the certificate of compliance, to the party making this request at the address listed above. You have the right to seek
in advance, the reasonable cost of preparing the copies or producing the pings sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the
party serving this subpoena may seek a court order compering you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999
TELEPHONE: (717) 237-7119
SUPREME COURT ID#: 43530
ATTORNEY FOR: Defendant
BY THE COURT:
I
DATE: L'G e 9w
Sea' f the Court
i-V lazes'
Prothonotary/Clerk, Ci Division
Deputy
(4/97)
I, STEPHEN E. GEDULDIG, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP
do certify that I served the foregoing document on the following person(s), by depositing the same in
the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows:
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
Michael J. Dunn, Esquire
MURPHY & O'CONNER
Two Penn Center Plaza
Suite 1100
Philadelphia, PA 19102
THOMAS, THOMAS & HAFER, LLP
STEPHEN E. GEDULDIG, ESQUIRE
a
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`ri4F?
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f
LIJIIj
Cl rn u
Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
Michele J. Thorp, Esquire
Attorney I.D. No. 71117
THOMAS, THOMAS & HAFER, LLP
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237-7100
E-Mall: Seg(cMthIBW.COrn
Attorneys for Defendant:
SELECTIVE INSURANCE
THE BOLI FACTORY, INC. and
DANIEL L. SPRAGUE,
Plaintiffs
v.
RAYMOND C. GRANDON, JR'.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS
INSURANCE, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3470 CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY OF SAID COURT:
Please file of record the attached Certificate of Service which
served the Important Notice upon Plaintiff with regard to the above-
captioned matter.
Respectfully submitted,
THOMAS, THOMAS S HAFER, LLP
Q (? By:
;74 PHEN E. GEDULDIG, E QUIRE
Attorney I.D. No. 435 0
Attorneys for Defendant,
SELECTIVE INSURANCE
Stephen E. Geduldig, Esquire
Attorney I.D. No. 43530
Michele J. Thorp, Esquire
Attorney I.D. No. 71117
THOMAS, THOMAS 6 HAFER, LLP
Post Office Box 999
Harrisburg, Pennsylvania WWII
(717) 237.7100 Attorneys for Defendant:
E-mail: Seg(7O,tthlaw.COfn SELECTIVE INSURANCE
THE BOLI FACTORY, INC. and IN THE COURT OF COMMON PLEAS OF
DANIEL L. SPRAGUE, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. No. 99-3470 CIVIL TERM
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS
INSURANCE, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IMPORTANT NOTICE
TO: PLAINTIFF, THE SOLI FACTORY, INC. and DANIEL L. SPRAGUE
DATE: October 15, 1999
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY
BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE
ADDITIONAL DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU
SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE P. LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU
CAN GET LEGAL HELP:
LAWYER REFERRAL SERVICE - OFFICE OF COURT,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
THOMAS & HAFER, LLP
k)
:74926.
By:
&EPHEN E. GEDULDIG, ESQUIRE
Attorney I.D. No. 43530 J
Attorneys for Defendant,
SELECTIVE INSURANCE
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing IMPORTANT NOTICE was served by depositing the same in
the United States Mail, pp stage prepaid, at Harrisburg,
Pennsylvania, on the lrll;?ay of October, 1999, on all counsel
of record as follows:'Kj
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiff
Michael J. Dunn, Esquire
MURPHY & O'CONNER
Two Penh Center Plaza
Suite 1100
Philadelphia, Pennsylania 19102
Attorney for Defendants, Strickler Insurance Agency,
Strickler Insurance Agency, t/a Managing Partners
Insurance, Managing Partners Insurance and Raymond C.
Grandon, Jr.
Jeffrey N. Yoffee, Esquire
YOFFEE & YOFFEE
214 Senate Avenue
Suite 203
Camp Hill, Pennsylvania 17011
Attorneys for Defendants, Philip C. Lemke and
Rose A. Lemke
THOMAS, THOMAS & R, LLP -?7 '- :1
ill L?J
Rosa B. Kulp; Secre ary :65570.1
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing document was served by depositing the same in the
United States Mail, posta prepaid, at Harrisburg,
Pennsylvania, on the ?y of October, 1999, on all counsel
of record as follows:
David A. Baric, Esquire
O'BRIEN., BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiff
Michael J. Dunn, Esquire
MURPHY & O'CONNER
Two Penn Center Plaza
Suite 1100
Philadelphia, Pennsylania 19102
Attorney for Defendants, Strickler Insurance Agency,
Strickler Insurance Agency, t/a Managing Partners
Insurance, Managing Partners Insurance and Raymond C.
Grandon, Jr.
Jeffrey N. Yoffee, Esquire
YOFFEE & YOFFEE
219 Senate Avenue
Suite 203
Camp Hill, Pennsylvania 17011
Attorneys for Defendants, Philip C. Lemke and
Rose A. Lemke
?THOXAS, THO S? & HAFE Ry LLP
Rosa B. Kul o, Secretary 570.1
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THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
11 V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
II 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 an 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
(717) 249-3166
?t
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
COMPLAINT
NOW, comes plaintiffs, Daniel L. Sprague and The Boli Factory, Inc., by and through
their attorneys O'BRIEN, BARIC, & SCHERER, and file the within complaint and, in support
therefore, set forth the following:
I. Daniel L. Sprague (hereinafter referred to as Sprague) is an adult individual with a
residence address of 1815F Willow Road, Carlisle, Pennsylvania and is the sole shareholder of
The Boli Factory, Inc.
2. The Boli Factory, Inc. (`Soli Factory") is a Pennsylvania corporation with a
principal place of business located at 811 West High Street, Carlisle, Pennsylvania.
3. Strickler Insurance Agency (hereinafter referred to as "Strickler") is a Pennsylvania
corporation, with its principal place of business at 161 N. 8th Street, Lebanon, Pennsylvania.
j:
4. Managing Partners Insurance (hereinafter referred to as "Managing Partners") is a
Pennsylvania corporation, with its principal place of business at 1105 Rana Villa Avenue in Camp
Hill, Pennsylvania and is an operating unit of Strickler Insurance Agency.
Raymond C. Grandon, Jr. (hereinafter referred to as "Grandon") is an adult
individual and an agent of Strickler Insurance Agency t/d/b/a Managing Partners Insurance
located at 1105 Rana Villa Avenue in Camp Hill, Pennsylvania. Further, Grandon is a licensed
insurance agent in the Commonwealth of Pennsylvania.
6. Rose A. Lemke is an adult individual residing at 914 Indiana Avenue in Lemoyne,
Pennsylvania.
Phillip C. Lemke is an adult individual residing at 4290 Sunshine Boulevard in St.
James City, Florida.
8. At all relevant times The Boli Factory was a tenant of Rose A. Lemke conducting
its business in a property owned by Rose A. Lemke known and numbered as 861 Market Street,
Lemoyne, Pennsylvania. The Boli Factory operated a restaurant in that property leased from
Rose A. Lemke.
9. At all relevant times Grandon was acting as an agent of Managing Partners which
was, in turn, owned and operated by Strickler. Grandon represented to Sprague that Grandon
was a representative of Managing Partners Insurance.
10. In March, 1997 Sprague and Grandon had a meeting to discuss the insurance
needs of Sprague for his business, Boli Factory. As a result of this meeting, Grandon provided
Sprague with an "Insurance Proposal", a copy of this insurance proposal and an accompanying
letter from Crandon is attached hereto as Exhibit "A" and is incorporated.
11. On or about March 14, 1997 Grandon submitted an application for insurance to
Selective insurance on behalf of Sprague and Boli Factory.
12. On or about March 14, 1997 Sprague gave Grandon a twenty five percent (25%)
down payment for insurance by check in the amount of eight hundred forty-six dollars and
twenty-five cents ($846.25). This check was endorsed and deposited into the account of
Managing Partners.
13. Selective insurance placed the March 14th application ("First Application") with
Presque Isle Insurance Company (hereinafter referred to as Presque).
14. In a letter dated March 21, 1997 Grandon informed Sprague that Presque had
declined to issue a policy of insurance to Sprague for Boli Factory. A true and correct copy of
the letter of March 21, 1997 is appended hereto as Exhibit "B" and is incorporated.
15. In a letter dated April 8, 1997 Selective Insurance informed Strickler, that
Selective insurance would not be granting coverage to Sprague for Boli Factory. A true and
correct copy of this correspondence is attached hereto as Exhibit "C" and is incorporated.
16. On or about May 15,1997 Grandon meet with Sprague at Sprague's house to
firrther discuss insurance for Boli Factory and a second application for insurance. A copy of this
application ("Second Application") is appended hereto as Exhibit "D" and is incorporated.
Grandon presented the Second Application to Sprague with the information contained in said
II Second Application already completed by Grandon.
IT At the above meeting Sprague requested the Grandon either refund his deposit
check or provide him with coverage immediately. Further, Sprague stated to Grandon that he
was concerned that no workers compensation insurance was presently in effect for employees of
Boli Factory.
18. Grandon did not refund the deposit check and stated to Sprague that at the time he
signed the second application for insurance Sprague had coverage for Boli Factor in accordance
with the requests for coverage contained in the Second Application.
19. Grandon never submitted the application to Selective.
20. On June 10, 1997 a fire took place at 861 Market Street in Lemoyne,
Pennsylvania, which building housed The Boli Factory. The fire substantially destroyed and/or
damaged the equipment inventory and business capabilities of Boli Factory in addition to causing
considerable damage to the building.
21. Thereafter, Boli Factory made a claim for insurance coverage and was informed,
that no insurance existed for Boli Factory and that the claim would not be processed.
4
i.
22. Upon information and belief, the fire was the result of deficiencies in the electrical
II system of the building owned by Rose A. Lemke and/or alterations made to the building by Philip
C. Lemke at the request or direction of Rose A. Lemke.
23. Upon information and belief, had a policy of insurance been issued to Boh Factory
as set forth and defined by the Insurance Proposal, Boli Factory and Sprague would have been
able to recover their losses associated with the fire of June 10, 1997.
COUNT I-NEGLIGENCE
DANIEL SPRAGUE and THE BOLI FACTORY vs. GRANDON
24. Plaintiffs incorporate by reference paragraphs one through twenty-three as though
set forth at length.
25. Grandon, as an insurance agent who undertook to procure insurance for Boli
Factory and Sprague, was bound to exercise diligence and good faith in his efforts to procure
insurance in the amounts and coverages represented.
26. Grandon was negligent and breached his duty to exercise diligence and good faith
in the procuring of insurance, said breach included, but was not limited to:
A. The failure of Grandon to submit the Second Application for insurance to
Selective;
B. Grandon's misrepresentation to Sprague that he had coverage upon the
signing of the Second Application for insurance;
C. Failing to inform Sprague that no insurance existed as of the time of
signing of the Second Application; and
D. Failing to procure insurance for Soli Factory
27. As a direct and proximate result of said breaches of Grandon, Sprague was unable
to pursue a claim on behalf of Boli Factory for damages incurred through the fire of June 10,
1997.
WHEREFORE, Plaintiffs respectfully request judgment in their favor and against the
Defendant, Raymond C. Grandon, Jr., in an amount in excess of twenty-five thousand dollars
($25,000), together with interest, costs, and expenses of this action and in an amount in excess of
the limits requiring compulsory arbitration.
COUNT II-NEGLIGENCE
THE BOLI FACTORY vs. STRICKLER INSURANCE AGENCY t/d/b/a MANAGING
PARTNERS INSURANCE
28. Plaintiffs incorporate by reference paragraphs one through twenty-seven as though
set forth at length.
29. Managing Partners had a duty, through and by their agent Grandon, to exercise
diligence and good faith in its efforts to procure insurance in the amounts and coverages
represented
30. Managing Partners breached said their duty to exercise diligence and good faith in
its efforts to procure insurance for Sprague by including, but not limited to:
A. The failure of Grandon to submit the Second Application for insurance to
Selective;
B. Grandon's misrepresentation to Sprague that he had coverage upon the
signing of the Second Application for insurance;
C. Failing to inform Sprague that no insurance existed as of the time of
signing of the Second Application; and
D. Failing to procure insurance for Boli Factory
31. As a direct and proximate result of said breaches of Managing Partners, Sprague
was unable to pursue a claim on behalf of Boli Factory for damages incurred through the fire of
June 10, 1997.
WHEREFORE, Daniel L. Sprague respectfully requests judgment in his favor and agianst
the Defendant, Strickler Insurance Agency t/d/b/a Managing Partners Insurace, in an amount in
excess of twenty-five thousand dollars ($25,000), together with interest, costs and expenses of
this action.
COUNT III -NEGLIGENCE
DANIEL L. SPRAGUE and THE BOLI FACTORY vs. ROSE C. LEMKE
32. Plaintiffs incorporate by reference paragraphs one through thirty-one as though set
forth at length.
33. Rose A. Lemke was the landlord of Boli Factory for the restaurant located at 861
Market Street, Lemoyne, Pennsylvania.
34. Prior to the fire which occurred on June 10, 1997, Sprague had requested Rose A.
Lemke to upgrade and/or improve the electrical service for the building housing the restaurant.
Moreover, Sprague had the property reviewed by an electrical contractor who recommended that
the electrical service for the property be upgraded or improved. Sprague conveyed that
information to Rose A. Lemke prior to the fire.
35. Rose A. Lemke refused to have the electrical system for the property upgraded or
improved by a licensed electrical contractor.
36. Shortly before the fire of June 10, 1997, Rose A. Lemke directed that her son,
Phillip Lemke, install additional lighting fixtures and electrical receptacles in the property in the
area of the restaurant.
37. Upon information and belief, the fire which occurred on June 10, 1997 was a result
of deficiencies in the electrical systems of the building.
38. Rose A. Lemke had a duty to provide premises which were appropriate for the
operation of the restaurant which had been operating for several years in the property known as
861 Market Street, Lemoyne, Pennsylvania.
II 39. Rose A. Lemke breached her duty to Boli Factory by, but not limited to, the
following:
A. Failing to provide appropriate and suitable electrical service for the
building;
B. Failing to provide a building which met applicable building code
requirements;
C. Failing to improve or upgrade the electrical system for the building;
D. Permitting work to be performed involving the electrical system of the
building by an individual who was not a licensed electrical contractor;
E. Permitting work to be performed to the electrical system of the building
which did not meet acceptable practices or was otherwise not
workmanlike.
40. As a direct and proximate result of the aforesaid breaches by Rose A. Lemke,
plaintiffs incurred damages as a result of the fire of June 10, 1997 which included, but are not
limited to, the following: loss of income from the inability to operate the restaurant, damages to
equipment owned by the plaintiffs situate in the building at the time of the fire and loss of supplies
and inventory held by the business in the building at the time of the fire.
WHEREFORE, Plaintiffs request judgment in their favor and against the Defendant, Rose
A. Lemke, in an amount in excess of twenty-five thousand dollars ($25,000), together with
interest and expenses of this action.
COUNT IV
DANIEL SPRAGUE and THE BOLI FACTORY, INC. vs. ROSE A. LEMKE
BREACH OF IMPLIED COVENANT OF QUIET ENJOYMENT
41. Plaintiffs incorporate by reference paragraphs one through forty as though set forth
at length.
42. Rose A. Lemke had a duty to not interfere with the possession of the leased
premises by the plaintiffs.
43. Rose A. Lemke breached her duty to not interfere with the possession of the leased
premises by the plaintiffs by failing to provide a leased premises with an electrical system which
was appropriate and proper for the operation of the restaurant business, thereby causing the fire
of June 10, 1997.
44. Rose A. Lemke breached the duty to not interfere with the possession of the leased
premises by the plaintiffs by failing to have repairs or alterations made to the building and the
leased premises by a competent electrical contractor, thereby causing the fire of June 10, 1997.
45. As a direct and proximate result of these interferences with the possession of the
leased premises by the plaintiffs, Daniel Sprague and Boli Factory incurred losses from the fire of
June 10, 1997 which included, but were not limited to, the following: loss of income from the
inability to operate the restaurant, damages to equipment owned by the plaintiffs situate in the
building at the time of the fire and loss of supplies and inventory held by the business in the
building at the time of the fire.
WHEREFORE, plaintiffs request judgment in their favor and against Rose A. Lemke in an
amount in excess of twenty-five thousand dollars ($25,000.00) together with interest, costs and
expenses of this action.
COUNT V- NEGLIGENCE
DANIEL SPRAGUE and THE BOLI FACTORY, INC. vs. PHILIP C. LEMKE
46. Plaintiffs incorporate by reference paragraphs one through forty-five as though set
forth at length.
47. Shortly before the fire of June 10, 1997, Philip C. Lemke made repairs and/or
alterations to the leased premises which included installation of electrical receptacles and the
hanging and installation of additional lighting fixtures.
48. Upon information and belief, the fire of June 10, 1997 resulted from a failure of the
electrical system in the property.
49. Having undertaken to make the repairs and/or alterations to the leased premises,
Philip C. Lemke had a duty to make the repairs and/or alterations in a workmanlike manner and in
accordance with acceptable practices in electrical contracting.
50. Upon information and belief, the repairs and/or alterations to the leased premises
made by Philip C. Lemke resulted in the fire of June 10, 1997
10
51. Philip C. Lemke breached his duty to the plaintiffs by failing to make repairs and/or
alterations to the leased premises in a workmanlike manner and in accordance with acceptable
practices in electrical contracting.
52. As a direct and proximate result of these breaches by Philip C. Lemke, plaintiffs
incurred damages including, but not limited to, the following: loss of income from the inability to
operate the restaurant, damages to equipment owned by the plaintiffs situate in the building at the
time of the fire and loss of supplies and inventory held by the business in the building at the time
of the fire.
WHEREFORE, plaintiffs request judgment in their favor and against Philip C. Lemke in
an amount in excess of twenty-five thousand dollars ($25,000.00) together with costs, interest
and expenses and in an amount in excess of the limits requiring compulsory arbitration.
Respectfully submitted,
O'BRIEN, BARIC & ISCR
bvk, I ee
David A. Baric, Esquire
ID#44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiffs
_ - ?
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
jz
Dam L.$ rague, INDIVDUALLY AND
AS PRESIDENT OF THE BOLI FACTORY, INC.
DATED: 0 ZO y 9
i JUIY, -04' 991M 11:23 UUANE, D10RRIS & HECIISCHER
TEL: 71 7 232 4015 P. 00,
I ,.
managing
Parkn rs
Insurance
Member Of 111051 Wgraroup
INSURANCE PROPOSAL
FOR
THE ®OLI FACTORY
261Deerfield Road
Camp Hill, PA 17011
•V
1105 Rana VUla Avenue, Camp Hill, Fenneylvanla 17011 • telVbone (717) 73().9493 • Fix (717) 7349593
EXHIBIT "A"
JIIN, 04'99(FRI) 11,24
OUAN'E,)IORN & NECEsOYER
EL:1,r 232 4013
P. 00.4
Managing
Partn?rs
Insurance _
Member of the IMcklet Group
March 14, 1997
Daniel L. Spraque
The 8011 Factory
261 Deerfield Road
Camp Hill, PA 17011
RE: Insurance for The Boll Factory
Location #1 -881 Market Street, Lemoyne, PA 17043
Location #2 - 207 4th Street, New Cumberland, PA 17070
Dear Dan:
Thank you for the opportunity to quote on Your Insurance needs for the restaurant, Based
on the information that you provided at our meeting, I have put together the following
package for you, The policy would be p!acod with Presque Isle Insurance - A Division
of Fireman's Insurance. A description of coverages Is attached,
This quotation would be subJoct to the following:
1. Approval by company underwriter
2• Favorable Loss Runs
3. Satisfactory LCS Inspection
Please feel free to contact me at any time to discuss this or any other Insurance needs
that your may have. I would be Interested in quoting your personal Insurance as well,
My staff Is looking forward to be of service to you.
Respeetfuily Submitted,
Raymond C. Grandon, Jr,
RCGmm
1105 runny V012 Avenue - Cttnp Hill, Nnnsiylvenu 17011 • Mophone (717) 730.9497 • ?" (717) 7349503
NE, MORRIS & HECKSCHER
The 8011 Factory
Page 1
Ep o -e O va-a
Compreheneive All Risk
Contents Limit
Location #1 $ 40,000
Location #2 $ 40,000
m6L:)1? 232 4015
80,000
P. 005
Special Perils
Full Glass coverage
Business income - 12 months Actual Loss Sustained.
Extra Expense
Newly Acquired Property - 25% of Property values or $100,000
for Buildings or Personal Property,
Person Property Off Premises & at Trade Show - $ 5,000
Valuable Papers - $ 5,000
Money and Securities -
Personal Effects -
Arson Reward -
Sewer and Drain Back-up -
Ordinance or Law Coverage
Salesperson's Samples -
Accounts Receivable -
Fine Arts -
Property In:Zransit -
Electronic Data Processing Equipment -
Automatic Increase In Building Limit -
Replacement Cost Valuation -
Peak Season On Person Property -
Outdoor Signs -
Various other optional coverages
Availability to Increase most of the automatic
coverages
Property Deductible
$ 10,000
$ 2,000
$ 1,000
$ 10,000
$ 5,000
$ 6000
$ 10,000
$ 15,000
$ 2,50D
$ 5,000
$ 5,000
$ 5,000
$ 10,000
8% Annually
Inside
Outside
Per Person
Each Occur.
Per location
Aggregate
25%
$ 1,000
$ 250
4'991FR11 11:25
The Boll Factory
Page 2
DUANE,MORRIS & HECKSCHER TEL:li' 232 WS P.006
.Comprehensive General lm„
Aggregate Limit $ 1,000,000
Per Occurrence Limit 5 600
000
Product / Completed Operation $ ,
600
000
Personal & Advertising $ ,
600
000
Fire Damage
Medical Payments $ ,
100,000
Non-owned 1 Hired $
$ 10,000
600,000
Total Annual Premium $ 884
PcMprehoaslve puslness Liebllitw
Non-Owned Watercraft up to 50 feet covered
Chartered Non•ownod Aircraft coverage
Personal and Advertising Injury
Worldwide Products
Host Liquor Liability
Incidental Medical Malpractice
Broad From Property Damage
Various other optional coverages, Including Professional Lability for Indicated
classes
Availability of Increasing limits
Workman's Compensation•
Liability 4
Payroll Amount:
Class 975 Restaurant
Annual Premium
Payment Plan:
25% Down
3 Equal Payments
5 100,000 Each Accident
3 500,000 Disease Poky Lmt
3 100,000 Disease Ea Employee
a 80,000
3 2,501
S 846,25
846.25
r JUN, -04' 99(FRI) 11:23 OUANE, MORRIS & RECKSCHER
Managng
Partn rs
insurance
Mtotbtr or the stockier afoap
March 21, 1997
Daniel Sprague
The Boll Factory
261 Doornail Road
Camp Hill, PA 17011
RE: Insurance Coverage
Dear Dan:
TEL i17 232 4015 P. 002
This letter is to advise you that of this date March 21, 1997 we have been Informed by
Presque Isle Insurance Company that they are declining coverage of your operation.
It has apparently been submitted to them before and declined. Therefore, at the present
time you have no coverage.
We will submit this to other companies for you, but can not bind coverage without prior
company approval.
If you have any questions please feel free to contact me.
Respectfully yours,
Raymond C. Grandon, Jr.
RCG/Ilm
cc; file
105 f:cr,,^ l'it' '• ^n^ r,1'Pl'1 H It F It"'!'.- .n 17011 • Telcphone (717) 7'D•@??' rzs (717) 73p•nrn•:
EXHIBIT "B"
DATE: AprH 8, 1997
Allentown 41.4
so niahmgin6 office
P.O, 8ec 253.11 illvn
Lehigh valley, loci'
610•4fil•9080 1n4yrrma IM11112•1l33
TO: Strickler Insurance Agency, lno .
Agent p2G78
FROM: Brian Hawk, Underwriting Tecltlljc,d Assistant
RE: Daniel Sprague T/A BoG Factory
261 Dearfield Road
Camp Hill, PA 17011
Attached please find requested premium quotation(s) for the captioned risk. IT IS AGREED AND
UNDERSTOOD NO COVERAGE HAS BEEN BOUND. Should coverage be desired, please
provide effective date and information, if any, shown below.
This quotation(s) will expire after 60 days or the effective date of requested coverage, whichever
occurs first.
Comments/Con 1-r1MQ•
'Property was quoted with a 5500 deductible.
'Also tentative loss costs were used.
'If you decide to issue this account, we would require 3 year hard copy loss runs for all lines.
'We would also need the following information: Federal Employee TD number and an
inspection contact with phone number.
Please refer to Page 2 for Quote Premiums.
BH:fg
CC: Steve M. Huther, Agency Management Specialist
EXHIBIT "C"
-04'99)FRI) 11:27 DUANE,MORRIS R HEC
:717 232 4015 P.011
AQWDQ COAft AtfOlru
P COi MaM C O APPLICATION
"W" Neroeoor ENOf71MY11TYR o.n MnaoM .
05'15-1997
TIA4 Strickler Insurance
161 No. 0tb St. Agency n ro?ra O1?IMRIe?MU NAM=- - -
Lebanon
PA
,
. 17042 Nee eTOTna8 ATTACKM WUPMMT FLO4TTP
OARME A
O
(717) 173-2641
?
coot me IAN COOL•
AOfpOY OueiOAee ro
STATUE Qf Elll11NSSION
selre
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NC?Cf AVO 7C0?hy
LIV
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RCpGCmppCyCLCefe RIOe
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NOLP a AUCnNnry
w9ANEnf C3lMrA ICN
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OIFJ?e YGUE POLICY DMI IWCFWATICN WIN CNAYON CAM AND TOM ARIY TO MUM UNEe. OR FDA MONOLK IN7LKA7.
eouNU IDs. Auto NNw1 wen o.Tx> M?...
PIIOpO110 OP OAl[ PDOPOaeO F70 eAn eYgO PARR PAYYDIT PLAN .unit
naR in! AN Y ueett YU
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YAeAIe AoopfEa 141 -yeeme YPIWq •_-.. • ___ _
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X NCMNIµ CORPORATION SUPOWW'e' CO!PORAr.ON YRANf N Net Y1
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Na"ACTIDN CONTACT ..._ OROANITATITIOrI g
ACCOYNTMO RECOIIDe OONTAtt ?I?. SRI Daniel '•-Sior
acrue
PREMIERE INFOMRAnou
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1
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OUT31CE TENANT
... Curftbet!W Co. PA 1TD17
7D7
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NALURR Of SU LNLSWSSCRIPTION Oe nwFNAwnua wv ww.
GENERAL INFORMATION I
Ct!lLLi
1. ALL -YU- RLNDWo _ VWU NO E)fUN ALL -vu- FNAN)NnB
f ??.
?IEfl•"tNRITY ORU ? XI N NKff?-'IM X
f. Y A FNWAL LAFM PROORNI N "hTIOW T 1( I X
A OD'COWN TO LANNALLA. DPLOSNEf CMlNICV.nT A. n{J,IpqAPC M WftRMfiI yry A?F? p? ep?Q?y "-?-^, -.•.
A. ANY CATAITRORK Ea'OW0 x aFµOfL
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I. ANY tteRel MURNICE WNW INS CCWANY OR RNO eU®ttTI:D, ,:,Mod PI N atlR PYMdYn b a a1NMlanP1 PAW" P, t x
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aolAeAa
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ACORD T!1 (tAh PLEASE COMPLETE REVERSE SFDE DACORD CORPORATION in3
EXHIBIT "D"
JUN.14'991PR1) 11:28 DUANE.}10RRIS & NECRSCRER -
? iEL:lIJ 232 4UI5
P. 012
06NERAG INFMMAVICM
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JUN. •U4'99(FR1) 1 129 DUANE,MORC S R NECNSCRER TEL:11' 232 401S F. 013
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I hereby certify that on October 21, 1999, I, David A. Baric, Esquire, of O'Brien, Baric &
Scherer, did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the parties
listed below, as follows:
Stephen E. Geduldig, Esquire
Thomas, Thomas and Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, Pennsylvania 17108
Attorney for Selective Insurance
Michael J. Dunn, Esquire
Murphy & O'Conner
Two Penn Center Plaza, Suite 1100
15th and JFK Boulevard
Philadelphia, Pennsylvania 19102
Attorney for Stricker Insurance Agency, Managing
Partners Insurance Raymond C. Grandon, Jr.
Jeffrey N. Yoffe, Esquire
Yoffe & Yoffe, P.C.
214 Senate Avenue
Suite 203
Camp Hill, Pennsylvania 17011
Attorney for Rose A. Lemke
Philip C. Lemke
4290 Sunshine Boulevard
St, James City, Florida 33956-2413
David A. Baric, Esquire
MURPHY & O'CONNOR
BY: Michael J. Dunn, Esquire
Identification No. 44893
Two Penn Center Plaza, Suite 1100
15th Street & J.F.K. Boulevard
Philadelphia. PA 19102
Attorney for Defendants,
Strickler Insurance Agency, Strickler
Insurance Agency t/a Managing Partners
Insurance, Managing Partners Insurance and
Raymond C. Grandon, Jr.
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
PENNSYLVANIA
The Boli Factory, Inc. and
Daniel L. Sprague
V.
No. 99-3470
Raymond C. Grandon, Jr., Selective
Insurance, Managing Partners Insurance,
Strickler Insurance Agency, Strickler
Insurance Agency t/a Managing Partners,
Philip C. Lemke and Rose A. Lemke
AND NOW, this day of
, 1999, upon consideration of defendants,
Raymond C. Grandon, Jr. and Strickler Insurance Agency, Inc.'s Preliminary objections to
Plaintiffs' Complaint, and any response thereto, it is hereby ORDERED and DECREED that
defendants, Raymond C. Grandon, Jr. and Strickler Insurance Agency, Inc.'s Preliminary
Objections are SUSTAINED. Plaintiffs are ORDERED to file an Amended Complaint alleging
damages sought with sufficient specificity within twenty (20) days or risk having the Complaint
DISMISSED.
J.
MURPHY & O'CONNOR
By: Michael J. Dunn, Esquire
Identification No. 44893
Two Penn Center Plaza, Suite 1100
15th Street & J.F.K. Boulevard
Philadelphia, PA 19102
Attorney for Defendants,
Strickler Insurance Agency, Strickler
Insurance Agency t/a Managing Partners
Insurance, Managing Partners Insurance and
Raymond C. Grandon, Jr.
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
PENNSYLVANIA
The Boli Factory, Inc. and
Daniel L. Sprague
V. No. 99-3470
Raymond C. Grandon, Jr., Selective
Insurance, Managing Partners Insurance,
Strickler Insurance Agency, Strickler
Insurance Agency t/a Managing Partners,
Philip C. Lemke and Rose A. Lemke
PRELIMINARY OBJECTIONS OF
DEFENDANTS, STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY T/A MANAGING
PARTNERS INSURANCE, MANAGING PARTNERS INSURANCE
AND RAYMOND C RANDON IR TOPLAINTIFFS' COMPLAINT
The above-referenced defendants, by their undersigned attorney, hereby preliminarily
object to Plaintiffs' Complaint pursuant to Pa. R.C.P. 1028(a)(3), and in support thereof aver as
follows:
1. PRELIMINARY OBJECTION IN THE FORM OF A DEMURRER FOR
PLAINTIFFS' FAILURE TO PLEAD WITH SUFFICIENT SPECIFICITY
PLAINTIFFS' DAMA F PURSUANT TO PAR P. 10280(3)
I . On or about October 25, 1999, plaintiffs filed their Civil Action Complaint,
alleging unspecific damages as a result of an uninsured fire loss at plaintiff's business premises
on or about June 10, 1997,
2. In Count I of Plaintiffs' Complaint, plaintiffs allege that defendant Grandon was
negligent in failing to procure insurance for plaintiffs. At paragraph 27, it is alleged that "as a
direct and proximate result of said breaches of Grandon, Sprague was unable to pursue a claim
on behalf of Boli Factory for damages incurred through the fire of June 10, 1997."
3. In Count II of Plaintiffs' Complaint, it is alleged that defendants Strickler
Insurance Agency and Strickler Insurance Agency t/a Managing Partners Insurance and
Managing Partners Insurance were negligent in, inter dia, procuring insurance for plaintiffs. At
paragraph 31, it is alleged that as "a direct and proximate result of said breaches of Managing
Partners, Sprague was unable to pursue a claim on behalf of Boli Factory for damages incurred
through the fire of June 10, 1997."
4. Pennsylvania Rule of Civil Procedure 1028(a)(3) states that Preliminary
Objections may be filed by any party to any pleading that contains "insufficient specificity".
5. Pa. R.C.P. 1021(a) provides that any "pleading demanding relief shall specify the
relief to which the party deems himself entitled."
6. Plaintiffs fail to allege in Count I or Count It of Plaintiffs' Complaint the damages
plaintiffs deem themselves to be entitled to with sufficient specificity.
7. Allowing Plaintiffs' Complaint to proceed without additional specificity as to the
actual damages sought would seriously prejudice the objecting defendants.
2
WHEREFORE, defendants, Strickler Insurance Agency, Strickler Insurance Agency, t/a
Managing Partners Insurance, Managing Partners Insurance and Raymond C. Grandon, Jr.,
request that this Honorable Court sustain defendants' Preliminary Objections and order a more
specific recitation of damages plead in Counts I and Il.
MURPHY
??&,O'CONNOR
By: 'AQ
Michael J. Dunn, ire
Attorney for Defendants,
Strickler Insurance Agency, Strickler
Insurance Agency t/a Managing Partners
Insurance, Managing Partners Insurance
And Raymond C. Grandon, Jr.
Date: -? .
MURPHY & O'CONNOR
By: Michael J. Dunn, Esquire
Identification No, 44893 Attorney for Defendants,
Two Penn Center Plaza, Suite 1100 Strickler Insurance Agency, Strickler
15th Street & J.F.K. Boulevard Insurance Agency t/a Managing Partners
Philadelphia, PA 19102 Insurance, Managing Partners Insurance and
Raymond C. Grandon, Jr.
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
PENNSYLVANIA
The Boli Factory, Inc. and
Daniel L. Sprague
V. No. 99-3470
Raymond C. Grandon, Jr., Selective
Insurance, Managing Partners Insurance,
Strickler Insurance Agency, Strickler
Insurance Agency t/a Managing Partners,
Philip C. Lemke and Rose A. Lemke
MEMORANDUM OF LAW IN SUPPORT
OF PRELIMINARY OBJECTIONS OF DEFENDANTS,
STRICKLER INSURANCE AGENCY, STRICKLER
INSURANCE AGENCY T/A MANAGING PARTNERS
INSURANCE, MANAGING PARTNERS INSURANCE AND
RAYMOND C. GRANDON. JR. TO PLAINTIFFS' COMPLAINT
On or about October 25, 1999, plaintiffs filed their Civil Action Complaint, alleging
unspecific damages as a result of an uninsured fire loss at plaintiffs business premises on or
about June 10, 1997. In Count I of Plaintiffs' Complaint, plaintiffs allege that defendant
Grandon was negligent in failing to procure insurance for plaintiffs. At paragraph 27, it is
alleged that "as a direct and proximate result of said breaches of Grandon, Sprague was unable to
pursue a claim on behalf of Boli Factory for damages incurred through the fire of June 10, 1997."
In Count II of Plaintiffs' Complaint, it is alleged that defendants Strickler Insurance Agency and
Strickler Insurance Agency t/a Managing Partners Insurance and Managing Partners Insurance
were negligent in, i= aU, procuring insurance for plaintiffs. At paragraph 31, it is alleged that
as "a direct and proximate result of said breaches of Managing Partners, Sprague was unable to
pursue a claim on behalf of Boli Factory for damages incurred through the fire of June 10, 1997."
Pennsylvania Rule of Civil Procedure 1028(a)(3) states that Preliminary Objections may be filed
by any party to any pleading that contains "insufficient specificity".
Rule 1019(a) of the Pennsylvania Rules of Civil Procedure requires fact pleading.
Specifically, the Rule states:
"The material facts on which a cause of action or defense is based shall
be stated in a concise and summary form.
As interpreted by the Supreme Court of Pennsylvania, "the purpose of the Rule is to
require the pleader to disclose the material facts sufficient to enable the adverse party to
prepare his (or her) case. Landau v. Western Pennsylvania National Bank, 445, Pa. 225, 280
A.2d 335 (1971). In line with this, a Motion for a more specific Complaint is available so that
the defendants' right and ability to answer and defend will not be unduly impaired by
plaintiffs vagueness in stating the grounds for his or her suit. Local 163. Intemational Union
of United Brewery. Flour. Cereal. Soft Drink and Distillery Workers of North American v.
Watkins, 417 Pa. 120, 207 A.2d, 776 (1965).
Here, Plaintiffs' Complaint is replete with conclusions of law concerning plaintiffs'
alleged damages. However, the Complaint does not contain any allegations of fact to support
2
these legal conclusions. Rather than pleading material facts, the Plaintiffs' Complaint simply
sets forth various legal conclusions to the effect plaintiffs sustained damages by being unable to
pursue an insurance claim. Although alleging conclusions of law does not render a pleading
defective where facts are pleaded upon which the conclusions are based, averments of
conclusions of law without supporting facts are insufficient. Konoe_, 1 Borgh v Berke 33
Beaver 27 (1973); see also Commonwealth v 1&=, 6 Chet. 115 (1953) (Complaint which
only avers conclusions of law and inference of fact is defective.) Even under a liberalized
system of pleading, the material facts upon which a cause of action is premised, must be plead
with sufficient specificity so as to set forth the elements of plaintiffs claim and to allow the
defendant to prepare a defense. Fineeold v Hill, 360 Pa. Super 539, 521 A.2d 33, appeal
denied 515 Pa. 607, 529 A.2d 1081 (1987). The plaintiffs Complaint does not meet even
these liberalized standards. The moving defendants should not have to guess or speculate as to
what damages plaintiffs allege. Rather, it is the plaintiffs burden initially to plead the material
facts surrounding the plaintiffs alleged damages.
Further, Pa. R.C.P. 1021(a) provides that any "pleading demanding relief shall specify the r,
r
relief to which the party deems himself entitled." Plaintiffs fail to allege in Count I or Count 11
of Plaintiffs' Complaint the damages plaintiffs deem themselves to be entitled to with sufficient
specificity. Allowing Plaintiffs' Complaint to proceed without additional specificity as to the
actual damages sought would seriously prejudice the objecting defendants.
WHEREFORE, defendants, Strickler Insurance Agency, Strickler Insurance Agency, t/a
Managing Partners Insurance, Managing Partners Insurance and Raymond C. Grandon, Jr.,
3
request that this Honorable Court sustain defendants' Preliminary Objections and order a more
specific recitation of damages plead in Counts 1 and II.
MURPHY &c O'CONNOR
By: t?
Michael J. Dunn, Es ' e
Attorney for Defendants,
Strickler Insurance Agency, Strickler
Insurance Agency tJa Managing Partners
Insurance, Managing Partners Insurance
And Raymond C. Grandon, Jr.
Date:
4
I, MICHAEL J. DUNN, ESQUIRE, counsel for Defendants, Strickler Insurance
Agency, Strickler Insurance Agency t/a Managing Partners Insurance, Managing Partners
Insurance and Raymond C. Grandon, Jr., being duly sworn according to law, deposes and says:
I. I verify that the statements made in the Preliminary Objections are true and
correct.
2.
of my knowledge, information and belief and are made subject to the penalties of 18 Pa. C.S.A.
§4909 relating to unswom falsification to authorities.
Dated: A I understand that the statements contained therein are true and correct to the best
t
MICHAEL J. DUNN
CERTIFICATE OF S F Ryt F
I, MICHAEL J. DUNN, ESQUIRE, hereby certify that on November 15, 1999 and correct
copy of Preliminary Objections of Defendants, Strickler Insurance Agency, Strickler
Insurance Agency t/a Managing Partners Insurance, Managing Partners Insurance and
Raymond C. Grandon, Jr. to Plaintiffs' Complaint upon the following via first-class, United
States mail.
David Baric, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
Stephen E. Geduldig, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108
Jeffrey N. Yoffee, Esquire
Yoffee & Yoffee
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
MURPHY AND O'CONNOR
B_v:
Michael J. Dunn, E uire
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Jefferson J.Shipman, Esquire
I.A. N: 51785
GOLDBERG, KATZMAN G SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant, Rose Lemke
THE BOLI FACTORY, INC. AND IN THE COURT OF COMMON PLEAS
DANIEL L. SPRAGUE CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS,
PHILLIP LEMKE & ROSE A. LEMKE
NO. 99-3470 CIVIL TERM
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
Defendants
PRAECIPE
TO THE PROTHONOTARY:
PLEASE enter the appearance of the undersigned on behalf of
the Defendant, Rose Lemke, in the above-captioned matter.
KATZMAN &?S?HIPMAN, P.C
14ffel'son J. Shipman, rsquire
0 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant,
Rose Lemke
DATE: ({ 30 `qla
34155.1
OERTIFICATE OF a nvTnn
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania:
David A. Baric, Esquire
O'Brien, Baric & Scherer
I7 West South Street
Carlisle, PA 17013
Attorney for Plaintiffs
Steve Geduldig, Esquire
Thomas, Thomas & Hafer
P.O. Box 999
Harrisburg, PA 17108
Attorneys for Selective Insurance Company
Michael Dunn, Esquire
2 Penn Center Plaza Suite 1100
15°h Floor
JFK Boulevard
Philadelphia, PA 19
Attorneys for Strickler Insurance Agency and Managing Partners
Insurance, Raymond Grandon
Jeffrey Yoffe, Esquire
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
Lemke's personal attorney
Phillip Lemke
4290 Sunshine Boulevard
St. James City, Florida
, a X/,ru %-O-fiRIPMAN, P. C.
rierson J. Shipman/ Esqui
•D• 1: 51785
O. BOX 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant,
34155.1 Rose Lemke
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THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PAR'T'NERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
PLAINTIFFS' RESPONSE TO THE PRELIMINARY OBJECTIONS
OF STRICKLER INSURANCE AGENCY T/A MANAGING PARTNERS
INSURANCE, MANAGING PARTNERS INSURANCE AND
RAYMOND C. GRANDON, JR.
AND NOW, come plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague, by and
through their attorneys, O'BRIEN, BARIC & SCHERER, and file the within Response to the
Preliminary Objections of Strickler Insurance Agency, et als. and, in support thereof, sets forth the
following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. It is admitted only that Pa.R.C.P. 1028(a)(3)
provides for a preliminary objection to a pleading which is insufficiently specific. It is denied that
the complaint as filed is insufficiently specific.
5. Admitted in part and denied in part. It is admitted only that Pa.R.C.P. 1021(a)
provides that a party must pled the relief requested. It is denied that the complaint as filed does
not appraise defendants of the damages sought.
6. Denied. The allegations are sufficient to identify to defendants the damages sought
and, moreover, defendants may pursue and seek additional information regarding the damages
sought through discovery.
7. Denied, the allegations are sufficient to identify to defendants the damages sought
and, moreover, defendants may pursue and seek additional information regarding the damages
sought through discovery.
WHEREFORE, plaintiffs request that the preliminary objections of Strickler Insurance et
als. be denied and that they be directed to file an answer. Alternatively, plaintiffs request that they
be permitted to file an amended complaint to meet the objections.
Respectfully submitted,
O'BRIEN, BARIC & SCHE
David A. Baric, Esquire
ID# 44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for plaintiffs
dabAlrllitigation/sp rague/documentlob jection. nes
CERTIFICATE OF SERVICE
I hereby certify that on December 2- , 1999, 1, David A. Baric, Esquire, of O'Brien,
Baric & Scherer, did serve a copy of Plaintiffs Response To The Preliminary Objections of
Strickler Insurance Agency T/A Managing Partners Insurance, Managing Partners Insurance and
Raymond C. Grandon, Jr., by first class U.S. mail, postage prepaid, to the parties listed below, as
follows:
Stephen E. Geduldig, Esquire
Thomas, Thomas and Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, Pennsylvania 17108
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, Pennsylvania 17108-1268
Attorney for Selective Insurance
Michael J. Dunn, Esquire
Murphy & O'Conner
Two Penn Center Plaza, Suite 1100
15th and JFK Boulevard
Philadelphia, Pennsylvania 19102
Attorney for Rose A. Lemke
Philip C. Lemke
4290 Sunshine Boulevard
St. James City, Florida 33956-2413
Attorney for Stricker Insurance Agency, Managing
Partners Insurance Raymond C. Grandon, Jr.
I
David A. Baric, Esquire
Jefferson J.Shipman, Esquire
Z.D. N: 51785
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant, Rose A. Lemke
THE BOLI FACTORY, INC. AND IN THE COURT OF COMMON PLEAS
DANIEL L. SPRAGUE CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS,
PHILIP LEMKE & ROSE A. LEMKE
Defendants
NO. 99-3470 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Plaintiffs and all Defendants
YOU ARE HEREBY notified to plead to the within New Matter of
Defendant, Rose A. Lemke, within twenty (20) days of service
hereof.
34984.1
GOLDBERG, KATZMAN & SHIPMAN, P.C.
It 51785
P {O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant,
Rose A. Lemke
Je feYrdh J. Shipman; 'Esquire
Jefferson J.Shipman, Esquire
I.D. M: 51785
GOLDBERG, KATZMAN & SHIPMAN, P.c.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant, Rose, A. Lemke
THE BOLI FACTORY, INC. AND
DANIEL L. SPRAGUE IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
RAYMOND C. GRANDON, JR., NO. 99-3470 CIVIL TERM
SELECTIVE INSURANCE, CIVIL ACTION - LAW
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS,
PHILIP LEMKE & ROSE A. LEMKE
Defendants JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER OF DEFENDANT ROSE A. LEMKE
TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Rose A. Lemke, by and through
her counsel, Goldberg, Katzman & Shipman, P.C., who files this
Answer with New Matter by respectfully stating the following:
1. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
2. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
3. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
4. Denied. After reasonable investigation, the answering f
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
5. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
6. Admitted.
7. Admitted.
8. Admitted in part, denied in part. It is admitted that
The Boli Factory was a tenant at 861 Market Street. After
reasonable investigation, the answering Defendant is without f,
2
sufficient knowledge or information sufficient to form a belief
as to the truth of the remaining allegations of this paragraph;
proof thereof is demanded and the same are therefore denied.
9. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
10. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraphs; proof thereof is demanded and the same are
therefore denied.
11. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
12. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
3
13. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
14. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
15. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
16. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
17. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
4
this paragraph; proof thereof is demanded and the same are
therefore denied.
18. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
19. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
20. Admitted in part; denied in part. It is admitted that
on June 10, 1997, a fire took place at 861 Market Street,
Lemoyne, PA. The remainder of this allegation is denied in that
it contains conclusions of law and fact to which no response is
required. If a response is deemed required, the averments
contained herein are denied.
21. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations '.)f
this paragraph; proof thereof is demanded and the same are
therefore denied.
5
22. Denied. The averments contained in this paragraph are
denied pursuant to Pa. R.C.P. 1029(e).
23. Denied. After reasonable investigation, the answering
Defendant is presently without knowledge or information
sufficient to form a belief as to the truth of the allegations of
this paragraph; proof thereof is demanded and the same are
therefore denied.
COUNT I
THE BOLI FACTORY, INC. & DANIEL L. SPRAGUE v.
RAYMOND C. GRANDON. JR
Negligence
29. Paragraphs 1 through 23 are incorporated herein as
fully set forth above.
25. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
26. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
27. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
WHEREFORE, Defendant, Rose A. Lemke, respectfully requests
that Plaintiffs, Complaint be dismissed with prejudice and that
judgment be entered in her favor.
6
COUNT II
THE BOLI FACTORY, INC. V. STRICKLER INSURANCE AGENCY,
t/d/b/a MANAGING PARTNERS INSURANCE
Negligence
28. Paragraphs 1 through 27 are incorporated herein as
fully set forth above.
29. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
30. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
31. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
WHEREFORE, Defendant, Rose A. Lemke, respectfully requests
that Plaintiffs' Complaint be dismissed with prejudice and that
judgment be entered in her favor.
COUNT III
DANIEL L. SPRAGUE AND THE BOLI FACTORY, INC. V.
ROSE A. LEMKE
NEGLIGENCE
32. Paragraphs 1 through 31 are incorporated herein as
fully set forth above.
7
33. Denied. The averments contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
34. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
35. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
36. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
37. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
} 38. Denied. The allegations contained in this paragraph
i
contain conclusions of law and fact to which no response is
8
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
39. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
40. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
WHEREFORE, Defendant, Rose A. Lemke, respectfully requests
that Plaintiffs' Complaint be dismissed with prejudice and that
judgment be entered in her favor.
COUNT IV
DANIEL L. SPRAGUE AND THE BOLI FACTORY, INC. V.
ROSE A. LEMKE
Breach of Implied Covenant of Ouiet Eniovment
41. Paragraphs 1 through 40 are incorporated herein as
fully set forth above.
42. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
9
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
43. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
99. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
95. Denied. The allegations contained in this paragraph
contain conclusions of law and fact to which no response is
required by Mrs. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
WHEREFORE, Defendant, Rose A. Lemke, respectfully requests
that Plaintiffs, Complaint be dismissed with prejudice and that
judgment be entered in her favor.
COUNT V
DANIEL L. SPRAGUE AND THE BOLI FACTORY, INC.
V. PHILIP C. LEMKE
Negligence
46. Paragraphs 1 through 45 are incorporated herein as
fully set forth above.
10
47. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
48. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
49. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
50. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
51. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
52. This paragraph is directed to a Defendant other than
Mrs. Lemke. Therefore, no response by Mrs. Lemke is required.
WHEREFORE, Defendant, Rose A. Lemke, respectfully requests
that Plaintiffs' Complaint be dismissed with prejudice and that
judgment be entered in her favor.
NEW MATTER
53. Plaintiffs' Complaint fails to state a claim upon which
relief can be granted.
54. Plaintiffs' claims and/or alleged losses are prohibited
and barred in whole or in part by the Doctrine of Comparative
Negligence, and/or the Doctrine of Contributory Negligence with
11
any liability or responsibility on the part of Mrs. Lemke being
expressly denied.
55. Plaintiffs' claims and/or alleged losses are barred by
the Doctrine of Assumption of the Risk, any liability or
responsibility on the part of Mrs. Lemke being expressly denied.
56. Plaintiffs' claims and/or alleged losses may have been
or were entirely or substantially the result of or caused by
intervening or superseding causes for which the Defendant is not
liable or responsible, any liability or responsibility on the
part of Mrs. Lemke being expressly denied.
57. Plaintiffs failed to mitigate their damages, if any,
with any liability or responsibility on the part of Mrs. Lemke
being expressly denied.
58. Plaintiffs' claims and/or alleged losses may be barred
by the applicable Statute of Limitations. It is believed that
Plaintiffs may have breached the applicable Lease with Mrs. Lemke
by failing to have insurance for the contents of the structure.
The Lease requires that the Plaintiffs be responsible for and
hold Mrs. Lemke harmless for any and all liability by reason of
any injury or damage to any person or property, including
Plaintiffs, caused by inter alia fire.
12
WHEREFORE, Defendant, Rose A. Lemke, respectfully requests
that Plaintiffs, Complaint be dismissed with prejudice and that
judgment be entered in her favor.
Respectfully submitted,
GOLDBERG, KATZMAN h SHIPMAN, P.C.
Je f4fton J. Shipman Esquire
# 51785
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant,
Rose A. Lemke
34306.1
13
VERIFICATION
I hereby acknowledge that I have read the foregoing document
and that the facts stated herein are true and correct to the best
of my knowledge, information and belief.
The undersigned understands that the statements therein are
made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsifications to authorities.
Rose A. Lemke
Date:
-?
39999.1
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same in
the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on December 10, 1999:
David A. Baric, Esquire
O'Brien, Baric & Scherer,
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiffs
Steve Geduldig, Esquire
Thomas, Thomas & Hafer
P.O. Box 999
Harrisburg, PA 17108
Attorneys for Selective Insurance Company
Michael Dunn, Esquire
2 Penn Center Plaza, Suite 1100
is `h Floor
JFK Boulevard
Philadelphia, PA 19102
Attorneys for Strickler Insurance Agency and Managing Partners
Insurance, Raymond Grandon
Jeffrey Yoffe, Esquire
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
Lemke's personal attorney
Philip Lemke
4290 Sunshine Boulevard
St. James City, Florida
KATZMAN & Sj?pp[AN, P.C.
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34447.1
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51"Pludn, psqu3
61785 1
rrorisburg, Box 1268
PA 17108-1268
Attorneys for Defendant,
Rose Lemke
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THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
IN T1IE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
RAYMOND C. GRANDON, JR.
SELECTIVE INSURANCE
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE
Defendants
TO THE PROTHONOTARY:
CRY OF APPEARANCE
Please enter the appearance of the undersigned on behalf of Defendant, Philip C. Lemke
in the above-referenced matter.
Respectfully submitted,
HARTMAN & MILLER, P.C.
By: Z L /_? .x
Drew P. Gannon, Esquire
Supreme Ct. 474680
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Dated: ,:.- z {- -s Attorney for Defendants
I hereby certify that I am this day serving a copy of the foregoing document upon the person and in
the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by
depositing a copy of the same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage,
prepaid, as follows:
David A. Baric, Esquire
17 W. South Street
Carlisle, PA 17013
Attorney for Plaintiffs
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108
Counsel for Rose Lemke
Steve Geduldig, Esquire
Thomas, Thomas & Hafer
P.O. Box 999
Harrisburg, PA 17108
Attorneys for Selective Insurance Company
Michael Dunn, Esquire
2 Penn Center Plaza, Suite 1 100
15th Floor, JFK Boulevard
Philadelphia, PA 19102
Attorneys for Strickler Insurance Agency and
Managing Partners Insurance, Raymond Grandon
HARTMAN & MILLER, P.C.
By: M ?'aw /j, ?4111^10-
Drew P. Gannon, Esquire
Supreme Court I.D. # 74680
126 - 128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Attorneys for Defendant
Dated: /Z-Zq-q3
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THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
REPLY TO NF.•W MATTER OF ROSE A. LEMKE
AND NOW, come plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague, by and
through their attorneys, O'BRIEN, BARIC & SCHERER, and file this Reply to New Matter, and
in support thereof, set forth the following:
53. These averments are legal conclusions and no response is necessary. To the extent
11 a response may be deemed necessary, the averments are denied.
54. These averments are legal conclusions and no response is necessary. To the extent
a response may be deemed necessary, the averments are denied.
55. These averments are legal conclusions and no response is necessary. To the extent
a response may be deemed necessary, the averments are denied.
55. Denied
57. Denied. 9 !
58, Denied. To the extent these averments are conclusions of law, no response is
necessary, To the extent these averments seek to state the contents of a writing, the writing
speaks for itself.
WHEREFORE, plaintiffs request judgment in their favor together with costs and expenses
as prayed for in the complaint.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
A44 - - I
David A. Baric, Esquire
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dirflitigstion/sprague/docvment/lemke.rep I ,
C
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-3470 CIVIL TERM
RAYMOND C. GRANDON, JR., CIVIL ACTION-LAW
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t>a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that on January I, , 2000, I, David A. Baric, Esquire, of O'Brien,
Baric & Scherer, did serve a copy of the Reply To New Matter of Rose A. Lemke, by first class
U.S. mail, postage prepaid, to the parties listed below, as follows:
Stephen E. Geduldig, Esquire
Thomas, Thomas and Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, Pennsylvania 17108
Attorney for Selective Insurance
Michael J. Dunn, Esquire
Murphy & O'Conner
Two Penn Center Plaza, Suite 1100
15th and JFK Boulevard
Philadelphia, Pennsylvania 19102
Attorney for Stricker Insurance Agency,
Managing Partners insurance
and Raymond C. Grandon, Jr.
Jefferson J. Shipman, Esquire
Goldberg, Katzman& Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, Pennsylvania 17108-1268
Attorney for Rose A. Lemke
Drew P. Gannon, Esquire
Hartman & Miller, P.C.
126-128 Walnut Street
Harrisburg, Pennsylvania 17101
c?? GLLti??/
Attorney for Philip C. Lemke
David A. Baric, Esquire
THE BOLT FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, .1R.
SELECTIVE INSURANCE
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY tla MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE
Defendants
TO: Plaintiffs and all Defendants:
IN'rI lE COURT 01- COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
NO'T'ICE TO PLEAD
YOU ARE HEREBY notified to plead to the within New Matter of Defendant, Philip
Lemke, within twenty (20) days of service hereof.
HARTMAN & MILLER, P.C.
By:_ ?JcJ ?v .as
Drew P. Gannon, Esquire
Supreme Ct. #74680
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Dated: a7` 3-CYO Attorneys fix Defendant. Philip Lemke
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, ,IR.
SELECTIVE INSURANCE
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN'T'Y, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
ANSWER WITH NEW MATTER OF DEFENDANT
PHILIP LEMKE. TO PLAINTIFFS' COMPLAINT
AND NOW, comes the Defendant, Philip Lemke, by and through his counsel, Hartman &
Miller, P.C., who responds to the Complaint with the following Answer with New Matter:
Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
2. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
3. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
4. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
5. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
6. Admitted.
7. Admitted.
8. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
9. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
10. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
11. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
12. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
13. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to torn a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
14. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
15. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
16. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
17. Denied. After reasonable investigation. the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
3
18. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a beliefas to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thercof is demanded at trial.
19. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
20. Denied as stated. It is admitted that on June 10, 1997 a fire took place at 861
Market Street, Lemoyne, PA. The remainder of this allegation is denied in that it contains
conclusions of law and fact to which no response is required.
21. Denied. After reasonable investigation, the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefbre, they are denied. Strict proof thereof is demanded at trial.
22. Denied. The averments contained in this paragraph are denied pursuant to Pa.
R.C.P. 1029(e). To the extent an answer is deemed required, it is specifically denied that the fire
was the result of deficiencies in the electrical system of the building owned by Rose A. Lemke
and/or alterations made to the building by Philip C. Lemke at the request or direction of Rose A.
Lemke, and strict proof thereof is demanded at trial.
23. Denied. After reasonable investigation. the answering Defendant is presently
without knowledge or information sufficient to form a belief as to the truth of the allegations of
this paragraph, and therefore, they are denied. Strict proof thereof is demanded at trial.
COUNT THE BOLI FACTORY, INC. K DANIEL L. SPRAGUE v. RAYMOND C. GRANDON, JR.
N=flawm
24. Paragraphs 1-23 arc incorporated herein as filly set forth above.
25.-27. These paragraphs arc directed to a Defendant other than Mr. Lemke, Therefore,
no response is required.
WHEREFORE. Defendant, Philip I.emke, respectfully requests that Plaintiff's' Complaint
be dismissed with prejudice and that judgment be entered in his favor.
COUNT II
THE BOLI FACTORY, INC. v. STRICKLER INSURANCE AGENCY, t/d/b/a MANAGING
PARTNERS INSURANCE
lli ue e
28. Paragraphs 1-27 are incorporated herein as fully set forth above.
29.-31. These paragraphs are directed to a Defendant other than Mr. Lemke. Therefore,
no response is required.
WHEREFORE, Defendant, Philip Lemke, respectfully requests that Plaintiffs' Complaint
be dismissed with prejudice and that judgment be entered in his favor.
COUNT III
DANIEL L. SPRAGUE AND THE BOLI FACTORY, INC. v. ROSE A. LEMKE
Negliaence
32. Paragraphs 1-31 are incorporated herein as fully set forth above.
33.40. These paragraphs are directed to a Defendant other than Mr. Lemke. Therefore,
no response is required.
WHEREFORE, Defendant, Philip Lemke, respectfully requests that Plaintiffs' Complaint
be dismissed with prejudice and that judgment be entered in his favor.
5
COUNT IV
DANIEL L. SPRAGUE AND THE BOLL FACTORY, INC. v. ROSE A. LEMKE
Breach of Implied Covenant of Quiet F
41. Paragraphs 1-40 are incorporated herein as fully set forth above.
42.45. These paragraphs are directed to a Defendant other than Mr. Lemke, therefore, no
response is required.
WHEREFORE, Defendant, Philip Lemke, respectfully requests that Plaintiffs' Complaint
be dismissed with prejudice and that judgment be entered in his favor.
QQUNT V
DANIEL L. SPRAGUE AND THE BOLI FACTORY, INC. v. PHILIP C. LEMKE
Net*li ence
46. Paragraphs 1-45 are incorporated herein as fully set forth above.
47. Denied. The allegations contained in this paragraph contain conclusions of law
and fact to which no response is required by Mr. Lemke. If a response is deemed to be required,
the avemtents contained herein are denied.
48. Denied. The allegations contained in this paragraph contain conclusions of law
and fact to which no response is required by Mr. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
49. Denied. The allegations contained in this paragraph contain conclusions of law
and fact to which no response is required by Mr. Lemke. Ifa response is deemed to be required.
the averments contained herein are denied.
6
50. Denied. The allegations contained in this paragraph contain conclusions of law
and fact to which no response is required by Mr. Lemke. If a response is deemed to be required,
the averments contained herein are denied,
51. Denied. The allegations contained in this paragraph contain conclusions of law
and fact to which no response is required by Mr. Lemke. Ifa response is deemed to be required,
the averments contained herein are denied.
52. Denied. The allegations contained in this paragraph contain conclusions of law
and fact to which no response is required by Mr. Lemke. If a response is deemed to be required,
the averments contained herein are denied.
WHEREFORE, Defendant, Philip Lemke, respectfully requests that Plaintiffs' Complaint
be dismissed with prejudice and that judgment be entered in his favor.
New Matter
53. Plaintiffs' Complaint fails to state a claim upon which relief can be granted.
54. Plaintiffs' claims and/or alleged losses are prohibited and barred in whole or in
part by the doctrine of comparative negligence, and/or the doctrine of contributory negligence
with any liability or responsibility on the part of Mr. Lemke being expressly denied.
55. Plaintiffs claims and/or alleged losses are barred by the doctrine of assumption of
the risk, any liability or responsibility on the part of Mr. Lemke being expressly denied.
56. Plaintiffs claims and/or alleged losses may have been or were entirely or
substantially the result of or caused by intervening or superseding causes for which the
Defendant is not liable or responsible. any liability or responsibility on the part of Mr. Lemke
being expressly denied.
7
57. Plaintiffs failed to mitigate their damages, if any, with any liability or
responsibility on the part of Mr. Lemke being expressly denied.
58. Plaintiff's claims and/or alleged losses may be barred by the applicable statute of
limitations.
WHEREFORE, Defendant, Philip Lemkc, respectfully requests that Plaintiffs' Complaint
be dismissed with prejudice and that_judgment be entered in his favor
Respectfully submitted,
HARTMAN & MILLER, P.C.
By: A?/o?J?? L3
Drew P. Gannon, Esquire
Supreme Ct. #74680
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Dated: ?'3 ?
8
Attorneys for Defendants, Philip Lemke
1
VERIFICATION
I hereby acknowledge that I have read the foregoing document and that the facts stated
herein are true and correct to the best of my knowledge, information and belief.
The undersigned understands that the statements therein are made subject to the penalties
of IS Pa. C.S. §4904 relating to unswom falsifications to authorities.
Philip C. Lemke
Dated: ??
CF,RTIFICATF OF SERVICF,
I hereby certify that I ant this day serving a copy of the foregoing document upon the person and in
the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by
depositing a copy of the same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage,
prepaid, as follows:
David A. Baric, Esquire
17 W. South Street
Carlisle, PA 17013
Attorney for Plaintiffs
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108
Counsel for Rose Lentke
Michael J. Dunn, Esquire
2 Penn Center Plaza, Suite 1 100
151h Floor, JFK Boulevard
Philadelphia, PA 19102
Attorneys for Strickler Insurance Agency,
Strickler Insurance Agency t/a
Managing Partners Insurance, and Managing
Partners Insurance and Raymond C. Grandon, Jr.
14ARTMAN & MILLER, P.C.
By: ? 1aw a! %273,-
Drew P. Gannon, Esquire
Supreme Court I.D. # 74680
126 - 128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Attorneys for Defendant
Dated: 2-3-ew
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THE BOLI FACTORY, INC. and
DANIEL L. SPRAGUE,
Plaintiffs
v.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS
INSURANCE, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
JAN 2 G 2000
IN THE COURT OF COMMON PLEAS OF'
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3970 CIVIL TERM
ORDER
AND NOW, this 3f-1 day of - :FA, c„q.? 2000, upon
consideration of Defendant, Selective Insulance's Motion to
Dismiss and Stipulation of Counsel, it is hereby ORDERED that
the moving Defendant, Selective Insurance, is hereby dismissed
from the case.
AI Ar. J.
:82536.2
Distribution List:
David A. Baric, Esquire
O'BRIEN, SARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiff
J
ee
:` i
tJ
)V
Michael J. Dunn, Esquire
MURPHY 6 O'CONNER
Two Penn Center Plaza
Suite 1100
Philadelphia, Pennsylvania 19102
Attorney for Defendants, Strickler Insurance Agency, Strickler
Insurance Agency, t/a Managing Partners Insurance, Managing
Partners Insurance and Raymond C. Grandon, Jr.
Jefferson J. Shipman, Esquire
GOLDBERG, RATZMAN 6 SHIPMAN
Post Office Box 1268
Harrisburg, Pennsylvania 17108-1268
Attorneys for Defendant, Rosa A. Lemke
Drew P. Gannon, Esquire
HARTMAN & MILLER, PC
126-128 Walnut Street
Harrisburg, Pennsylvania 17101
Attorneys for Defendant, Philip C. Lemke
1'
Stephen E. Geduldig, Esquire
THOMAS, THOMAS 6 HAFER
Post Office Box 999
Harrisburg, Pennsylvania 17108-0999
Attorneys for Defendant, Selective insurance
2
Stephen E. Geduldlg, Esquire
Attomeyl.D.No.43530
Michele J. Thorp, Esquire
Attorney I.D. No. 71117
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Post Offloe Box 999
Harrisburg, Pennsylvania 17108
(717) 237.7100
E-Man: sep@ hlaw.com
THE SOLI FACTORY, INC. and
DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS
INSURANCE, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
Attorneys for Defendant:
SELECTIVE INSURANCE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3470 CIVIL TERM
MOTION TO DISMISS OF
DEFENDANT, SELECTIVE INSURANCE
AND NOW comes Defendant, Selective Insurance, and moves
this Honorable Court for an Order dismissing all claims as to it
pursuant to Pa. R. Civ. P. 229(b) and in support thereof avers
the following:
1. This lawsuit arises from a fire which occurred on
June 11, 1997.
t
2. Plaintiffs filed an Amended Complaint on October 21,
1999, in which Defendant, Selective Insurance, was named in the
caption, but Plaintiff has not pleaded any cause of action
against Defendant, Selective Insurance.
2. As evidenced by the attached Stipulation, all parties
have executed a Stipulation dismissing all claims and causes of
action as to Defendant, Selective Insurance. A copy of said
Stipulation is attached hereto as Exhibit "A"
3. Defendant, Selective Insurance, seeks an Order of
Court discontinuing the above action as to Selective Insurance,
pursuant to the Stipulation of Counsel and Rule 229(b) .
WHEREFORE, Defendant, Selective Insurance, respectfully
requests that all claims arising from this lawsuit be dismissed
against it and that it be dismissed from this lawsuit.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
Ir pu
:82538.1
By: G%(G
STEPHEN E. GEDULDIG, ESQUIRE
Attorney I.D. No. 93530
MICHELE J. THORP, ESQUIRE
Attorney I.D. No. 71117
Attorneys for Defendant,
SELECTIVE INSURANCE
2
Eib`iiwi:.
10/27/1999 15;02
717249pwi;p
Wtohm a, a.ewal? Ewwti
Atlarti I.O.1JO 43 30
AbOmp IA. No. ft9 f7
"os" iMM q? NAf[q, LLB
H° AhQRb, 1= up pmft°jerau /1/oa
Irn123?-rrco
s+ae:CQI
THE BOLT FACTORY, INC. and
DANIEL L. SPRAGUE,
Plaintiffs
V.
OBS LAW OFFICE
Ader^an ar OaanMM:
"LAO M MUNANCG
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, pENNA
No. 99.3470 CIVIL TERM
RAYMOND C. GRANDON. JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICXUlt
INSURANCE AGENCY,
$12ICKLER INSURANCE AGENCY, ;
t/a MANAGING PARTNERS
INSURANCE, PHILIP C. LEMICE
and ROSE A. LEMn,
Defendants
??LAT`70N TO Axan••...<. .'ION
within aANDN° a' this ? day of ?_
Y and through their respective 'munael 1999all
signatures below, hereby aripulate and ag
, as indite ed by their the
sole ree Daniel L. Sprague, to amend the caption in this acPlan to delete s. TaBo i Factory tT eta
their (Ve Imurance, PIliTttitle having not pleaded against Selective Insurance in
their referenced Complaint, filed on October 21, 1999.
/ Gate C?
David A. Baric, Esquire
Attorney for PlaintiM
PAGE 02
se: ce t=)bc SbeSEb2GTLe01 WTIZC&IL
Cb:CT 66 9c-1x
1
a
-aSt Michael J. Du Ee e
Attorney for efend nts, Strickler
Insurance Ag trickler Insurance
Agency t/a Managing Partners
Insurance, Managing ]Partners
Insurance and Raymond G. Grandon,
Jr.
90/b0:39Nd £LGTb9SST2T6:01 SOTLL£2LTL SUADHl SUWOHl:WOd.1 6£-£T 66 92-1J0
/ado
Date
Drew P. Gannon, Esquire
Attorneys for Defendant,
Philip C. Lemke
ti
?
Da e J fer o J. Shippman, squire
torneys for Defendant, Rose A. Lemke
M
--
S phen E. Geduldig, Esqu' e
Attorney for Defendant, Selective
Insurance :75792.1
t
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing document was served by depositing the same in the
United States Mail, poste prepaid, at Harrisburg,
Pennsylvania, on the 101A day of January, 2000, on all counsel
of record as follows:
David A. Baric, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiff
Michael J. Dunn, Esquire
MMPHY & 01CONNER
Two Penn Center Plaza
Suite 1100
Philadelphia, Pennsylania 19102
Attorney for Defendants, Strickler Insurance Agency,
Strickler Insurance Agency, t/a Managing Partners
Insurance, Managing Partners Insurance and Raymond C.
Grandon, Jr.
Jefferson J. Shipman, Esquire
GOLDBERG, KATZMAN & SHIPMAN
Post Office Box 1268
Harrisburg, Pennsylvania 17108-1268
Attorneys for Defendant, Rose A. Lemke
Drew P. Gannon, Esquire
HARTMAN & MILLER, PC
126-128 Walnut Street
Harrisburg, Pennsylvania 17101
Attorneys for Defendant, Philip C. Lemke
THOMAS, THOMAS & HAFER# LLP
Rosa B. Ku , Sec eta y :65570.1
y C"> }
?d
--
?-
-? _ i ??
C" ?'_
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_,
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants.
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
REPLY TO NEW MATTER OF DEFENDANT PHILIP LEMKE
AND NOW, come plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague, by and
through their attorneys, O'BRIEN, BARIC & SCHERER, and file this Reply to New Matter and,
in support thereof, sets forth the following:
53. 'T'hese averments constitute conclusions of law to which no response is required.
To the extent a response may be required, the averments are denied.
54. These averments constitute conclusions of law and/or fact to which no response is
required. To the extent a response may be required, the averments are denied.
55. These averments constitute conclusions of law to which no response is required.
To the extent a response may be required, the averments are denied.
56 . These averments constitute conclusions of law and/or fact to which no response is
y
required. To the extent a response may be required. the averments are denied.
57. These averments constitute conclusions of law and/or fact to which no response is
required. To the extent a response may be required, the averments are denied.
58. These averments constitute conclusions of law to which no response is required.
To the extent a. response may be required, the averments are denied.
WHEREFORE, plaintiffs request judgment in their favor and against defendant along with
costs and expenses,
Respectfully submitted
O'BRIEN, BARIC & SCHE IR
David A. Baric, Esquire
ID# 44853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
dab. dir/litigation/spraeuddocument/plemke. rep
4 '
VERIFICATION
I verify that the statements made in the foregoing Reply To New Matter of Defendant,
Philip Lemke are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
David A. Baric, Esquire
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I hereby certify that on February ?L 2000, 1, David A. Baric, Esquire, of O'Brien,
Baric & Scherer, did serve a copy of the Reply To New Matter of Defendant, Philip Lemke, by
first class U.S. mail, postage prepaid, to the parties listed below, as follows:
Stephen E. Geduidig, Esquire
Thomas, Thomas and Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, Pennsylvania 17108
Attorney for Selective Insurance
Michael J. Dunn, Esquire
Murphy & O'Connor
Two Penn Center Plaza, Suite 1100
15th and JFK Boulevard
Philadelphia, Pennsylvania 19102
Attorney for Stricker Insurance Agency,
Managing Partners Insurance
and Raymond C. Grandon, Jr
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, Pennsylvania 17108-1268
Attorney for Rose A. Lemke
Drew P. Gannon, Esquire
Hartman & Miller, P.C.
126-128 Walnut Street
Harrisburg, Pennsylvania 17101
Attorney for Philip C. Lemke
David A. Baric, Esquire
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY Va MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this _ day of 2002, upon consideration of the within
Motion To Withdraw, David A. Baric, Esquire is permitted to withdraw as counsel for the
Plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague.
BY THE COURT,
J.
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY Ua MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this _ day of 2002, upon consideration of the within
Motion To Withdraw, David A. Baric, Esquire is permitted to withdraw as counsel for the
Plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague.
BY THE COURT,
J.
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
AND NOW, this _ day of
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
2002, upon consideration of the within
Motion. To Withdraw, David A. Baric, Esquire is permitted to withdraw as counsel for the
Plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague.
BY THE COURT,
J.
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this _ day of 2002, upon consideration of the within
Motion To Withdraw, David A. Baric, Esquire is permitted to withdraw as counsel for the
Plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague.
BY THE COURT,
J.
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this day of 2002, upon consideration of the within
Motion To Withdraw, David A. Baric, Esquire is permitted to withdraw as counsel for the
Plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague.
BY THE COURT,
J.
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this _ day of 2002, upon consideration of the within
Motion To Withdraw, David A. Baric, Esquire is permitted to withdraw as counsel for the
Plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague.
BY THE COURT,
J.
You are hereby notified to file a written
response to the enclosed NEW MATTER within
twenty )20) days from service hereof or a
judgme t may a entere •'
Mlchael J. Dunn,
Attorney for Def dant,
Raymond C. Grande Jr., Ma aging Partners Insurance
and Strickler Incur ncy
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D.# 44893
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 564-0400
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc, and Court of Common Plus
Daniel L. Sprague Cumberland County
VS. No: 99-3470
Raymond C. Grandon, Jr., Civil Term
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners
ANSWER OF DEFENDANTS STRICKLER INSURANCE AG8__?,Y
MANAGING PARTNERS INSURANCE AND RAYMOND
TO PLAINTIFFS' COMPLAINT WITH NEW MAT
Defendants, Strickler Insurance Agency, Managing Partner,
Insurance and Raymond C. Grandon, Jr., by and through t:helr
attorneys, Murphy & O'Connor, answer the Complaint of plaintittil
Daniel L. Sprague and The Boli Factory, Inc., and aver in support
thereof as follows:
1. Denied. After reasonable investigatiun, onoworinq
defendants are without knowledge or information :)ufiiclent to
form a belief as to the truth of the factual avorment.n contained
in paragraph 1 of plaintiffs' Complaint. Strict proof in support
thereof, if deemed relevant, is demanded at the time of trial.
2. Denied. After reasonable investigation, answering
defendants are without knowledge or information sufficient to
form a belief as to the truth of the factual averments contained
in paragraph 2 of plaintiffs' Complaint. Strict proof in support
thereof, if deemed relevant, is demanded at the time of trial.
3. Admitted.
9. Denied as stated.
5. Admitted.
6. The allegations set forth in paragraph 6 of plaintiffs'
Complaint are directed to a defendant other than answering
defendants herein and therefore require no response.
7. The allegations set forth in paragraph 7 of plaintiffs'
Complaint are directed to a defendant other than answering
defendants herein and therefore require no response.
8. Denied. After reasonable investigation, answering
defendants are without knowledge or information sufficient to
form a belief as to the truth of the factual averments contained
in paragraph 8 of plaintiffs' Complaint. Strict proof in support
thereof, if deemed relevant, is demanded at the time of trial.
9. Denied as stated. It is admitted only that Grandon
was, at all relevant times, acting as an agent of Managing
Partners.
2
10. Denied as stated. It is admitted that, in March of
1997, plaintiff Sprague and defendant Grandon met to discuss the
insurance needs of plaintiff Sprague's businesses interests. As
a result of that meeting, and based on the information provided
by Mr. Sprague at that meeting, defendant Grandon generated an
Insurance Proposal for plaintiff, which Proposal outlined the
coverages sought and a quoted premium. In correspondence dated
March 14, 1997, plaintiff Sprague was specifically advised, inter
alia, that the quotations set forth in the Insurance Proposal
were subject to the following conditions: (1) approval by company
underwriter; (2) favorable loss runs; and, (3) satisfactory LCS
Inspection.
11. Denied. To the contrary, the initial application for
insurance was submitted to Presque Isle Insurance Company - a
division of Fireman's Insurance. The application for coverage
was denied and plaintiff was so advised in correspondence dated
March 21, 1997. At that time, plaintiff was specifically
advised, inter alia, that "at the present time you have no
coverage" and that defendant would attempt to submit the
application to other carriers "but cannot bind coverage without
prior company approval".
12. It is admitted only that plaintiff, consistent with the
Insurance Proposal provided to him, issued a check in the amount
of $846.25 as a down payment with his application. Said check, was
3
held in the account of Managing Partners pending the binding of
coverage with an insurance carrier and at a rate acceptable to
plaintiff Sprague.
13. Denied. This allegation is denied as unintelligible.
By way of further response, it is admitted only that the
application of March 14, 1997 was submitted to Presque Isle
Insurance Company by Raymond C. Grandon, Jr. of Managing Partners
Insurance, on behalf of plaintiff Daniel Sprague and The Boli
Factory.
14. It is admitted only that, on or about March 21, 1997,
plaintiff was informed that Presque Isle Insurance Company had
declined to issue a policy of insurance pursuant to the
application submitted by plaintiff. At that time, plaintiff was
specifically advised, inter alia
that coverage was being
declined because an application, unbeknownst to defendant
Grandon, had already been submitted to Presque Isle and
previously declined. By way of further response, plaintiff was
specifically advised on March 21, 1997 that "at the present time
you have no coverage" and that Managing Partners Insurance
"cannot bind coverage without prior company approval".
15. Denied as stated. It is admitted only that, on or
about April 8, 1997, a representative of Selective Insurance
Company's Underwriting Department provided answering defendant
with a premium quotation for plaintiff's business operations.
4
That quotation specifically indicated that no coverage had yet
been bound and further indicated that, prior to binding coverage,
the insurance company would need, inter al=ia, "three year hard
copy loss runs for all lines". This information was never
provided to answering defendants by plaintiff, despite repeated
requests.
16. Denied. It is admitted only that, on or about May 15,
1997, answering defendant Grandon met with plaintiff Sprague for
purposes of preparing and submitting a second application for
insurance coverage, this time to be submitted to Selective
Insurance. Plaintiff Sprague signed said Application, which was
prepared by defendant Grandon based on information provided by
plaintiff, and also signed a document entitled Pennsylvania Fraud
Statement, which document was made a part of the Application
subsequently forwarded to Selective Insurance.
17. Denied. It is specifically denied that Sprague
requested that Grandon refund the deposit check; to the contrary,
Grandon asked Sprague whether he should return the deposit check
or continue to solicit insurance carrier(s) on plaintiff's
behalf. Sprague instructed Grandon to continue in his attempts
to procure coverage. By way of further answer, it is
specifically denied that Grandon told plaintiff on May 15, 1997
(or at any other time) that Sprague had insurance coverage for
his business.
5
18. Denied. It is specifically denied that Grandon ever
told Sprague that he had insurance coverage for his business. As
Sprague was specifically advised on several occasions, coverage
could not be bound without prior company underwriting approval.
19. Denied. To the contrary, the Application was submitted
to Selective Insurance.
20. Denied. After reasonable investigation, answering
defendants are without knowledge or information sufficient to
form a belief as to the truth of the factual averments set forth
in paragraph 20 of plaintiffs' Complaint. Strict proof in
support thereof is demanded at the time of trial.
21. Denied. After reasonable investigation, answering
defendants are without knowledge as to who plaintiff made a claim
for insurance coverage to and the response(s) received. It is
admitted, however, that answering defendant was never able to
obtain insurance coverage for plaintiffs which would have
responded to the subject fire loss of June 10, 1997.
22. Denied. After reasonable investigation, answering
defendants are without knowledge or information sufficient to
form a belief as to the truth of the factual averments contained
in paragraph 22 of plaintiffs' Complaint. Strict proof in
support thereof, if deemed relevant, is demanded at the time of
trial.
23. Denied. The allegations set forth in paragraph 23 of
G
plaintiffs' Complaint are conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of
Civil Procedure. Strict proof in support thereof is demanded at
the time of trial. By way of further answer, plaintiff's failure
to secure insurance coverage for his business was a result of his
own actions and/or inactions and not any conduct of answering
defendants herein.
COUNT I-NEGLIGENCE
DANIEL SPRAGUE AND THE SOLI FACTORY VS. GRANDON
24. Answering defendants incorporate by reference their
responses to paragraphs 1 through 23, above, as fully as though
same were set forth at length herein.
25. Denied. The allegations set forth in paragraph 25 of
plaintiffs' Complaint constitute conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of
Civil Procedure. Strict proof in support thereof is demanded at
the time of trial.
26. Denied. It is specifically denied that answering
defendant Grandon was negligent and/or breached any duties owed
to plaintiffs herein, said allegations being denied as
conclusions of law to which no responsive pleading is required
under the Pennsylvania Rules of Civil Procedure. By way of
further answer, it is specifically denied that:
(a) defendant Grandon failed to submit the May 15, 1997
7
Application for Insurance to Selective Insurance;
(b) defendant Grandon represented to Sprague that he had
coverage after signing the Second (or any) Application for
Insurance;
(c) defendant Grandon failed to inform Sprague that no
insurance existed at the time of the Second Application; and/or
(d) failed to properly assist plaintiff in attempting to
procure insurance for his business interests.
27. Denied. The allegations set forth in paragraph 27 of
plaintiffs' Complaint are denied as conclusions of law to which
no responsive pleading is required under the Pennsylvania Rules
of Civil Procedure. Strict proof in support thereof is demanded
at the time of trial.
WHEREFORE, answering defendants, Strickler Insurance Agency,
Managing Partners Insurance and Raymond C. Grandon, Jr., demand
that plaintiffs, Complaint be dismissed and judgment entered in
their favor on all causes of action asserted.
COUNT II-NEGLIGENCE
71d/b/a MANAGiNr nnnm._ ` ?" VZWuvua AGENCY
RS INSURANCE
28• Answering defendants incorporate by reference their
responses to paragraph 1 through 27, above, as fully as though
same were set forth in length herein.
29. Denied. The allegations set forth in paragraph 29 of
plaintiffs, Complaint are denied as conclusions of law to which
8
Y,
no responsive pleading is required under the Pennsylvania Rules h?
of Civil Procedure. Strict proof in support thereof is demanded
at the time of trial.
30. Denied. The allegations contained in paragraph 30 of
plaintiffs' Complaint, and each and every sub-paragraph therein,
are denied as conclusions of law to which no responsive pleading
is required under the Pennsylvania Rules of Civil Procedure. By
way of further response, answering defendants incorporate by
reference their responses to paragraph 26 of plaintiffs'
Complaint, above, as fully as though same were set forth at
length herein.
I
31. Denied. The allegations set forth in paragraph 31 of
plaintiffs' Complaint are denied as conclusions of law to which
no responsive pleading is required under the Pennsylvania Rules
of Civil Procedure. Strict proof in support thereof is demanded
at the time of trial.
WHEREFORE, answering defendants, Strickler Insurance Agency,
Managing Partners Insurance and Raymond C. Grandon, Jr., demand
that plaintiffs' Complaint be dismissed and judgment entered in
their favor on all causes of action asserted.
COUNT III-NEGLIGENCE
DANIEL L SPRAGUE AND THE SOLI FACTORY VS. ROSE A LENM
32. Answering defendants incorporate by reference their
responses to paragraphs 1 through 31, above, as fully as though
9
same were set forth at length herein.
33-40. The allegations set forth in paragraphs 33 through
40 of plaintiffs' Complaint are directed to a defendant other
than answering defendants herein and therefore require no
response. To the extent said allegations affect any defense of
answering defendants, factual and/or legal, strict proof in
support thereof is demanded at the time of trial.
WHEREFORE, answering defendants, Strickler Insurance Agency,
Managing Partners Insurance and Raymond C. Grandon, Jr., demand
that plaintiffs' Complaint be dismissed and judgment entered in
their favor on all causes of action asserted.
COUNT IV
DANIEL SPRAGUE AND THE BOLI FACTORY. INC.
VS. ROSE A. LEMKE BREACH OF IMPLIED COVENANT
OF QUIET RN--TQYbMNT
41. Answering defendants incorporate by reference their
responses to paragraphs l through 40, above, as fully as though
same were set forth at length herein.
42-45. The allegations set forth in paragraphs 42 through
45 of plaintiffs' Complaint are directed to a defendant other
than answering defendants herein and therefore require no
response. To the extent said allegations affect any defense of
answering defendants, factual and/or legal, strict proof in
support thereof is demanded at the time of trial.
WHEREFORE, answering defendants, Strickler Insurance Agency,
10
Managing Partners Insurance and Raymond C. Grandon, Jr., demand
that plaintiffs, Complaint be dismissed and judgment entered in
their favor on all causes of action asserted.
COUNT V - NEGLIGENCE
96. Answering defendants incorporate by reference their
responses to paragraphs 1 through 95, above, as fully as though
same were set forth at length herein.
97-52• The allegations set forth in paragraphs 97 through
52 of plaintiffs, Complaint are directed to a defendant other
than answering defendants herein and therefore require no
response. To the extent said allegations affect any defense of
answering defendants, factual and/or legal, strict proof in
support thereof is demanded at the time of trial.
I
WHEREFORE, answering defendants, Strickler Insurance Agency,
Managing Partners Insurance and Raymond C. Grandon, Jr., demand
that plaintiffs' Complaint be dismissed and judgment entered in
their favor on all causes of action asserted.
NEWER
By way of further defense, answering defendants aver as
follows:
53. 'Plaintiffs, claims are barred by virtue of the
comparative negligence of plaintiff Sprague.
59. Plaintiffs, claims are barred by the assumption of the
risk of plaintiff Sprague.
55. Plaintiffs' damages, if any, were caused by third
parties over whom answering defendants had no control.
56. Plaintiffs' claims are barred by the applicable statute
of limitation, in that plaintiffs knew or should have known of
the alleged wrongful conduct of answering defendants prior to the
expiration of the applicable statute of limitations.
58. Plaintiffs' Complaint fails, in whole or in part, to
state a claim against answering defendant Raymond C. Grandon, Jr.
upon which relief can be granted.
58. Any action or inaction of answering defendant, its
agents, servants, workmen and/or employees, were not the
proximate cause of the damages sustained by plaintiffs.
59. Plaintiff Sprague failed to exercise the care of a
reasonably prudent business person for the protection of his own
property and business, which failure proximately caused the
damages for which claim is now being made by plaintiffs.
60. Plaintiffs' claims are barred by the doctrine of
unclean hands.
61. Plaintiff has failed to mitigate damages.
WHEREFORE, answering defendants, Strickler Insurance Agency,
Managing Partners Insurance and Raymond C. Grandon, Jr., demand
that judgment be entered in their favor on their New Matter and
that all causes of action asserted against them be dismissed,
12
with prejudice.
MURPHY & O'CONNOR, LLP
DATED:
Z4-
BY: as--
Michael J. Dunn Esquire
Attorney fo endants,
Raymond C. Grandon, Jr.,
Strickler Insurance Agency and
Managing Partners Insurance
13
VERIFICATION
I, Michael J. Dunn, Esquire, attorney for Defendants, Raymond
C. Grandon, Jr., Managing Partners Insurance, and Strickler
Insurance Agency, hereby verify that I am authorized to take this
Verification on their behalf and that the statements contained in
the foregoing Answers to Plaintiffs' Complaint are true and correct
to the best of my knowledge, information and belief. I am aware
that if any of the statements contained herein are wilfully false,
I am subject to punishment.
MURPHY & O'CONNOR
W
BY:
Michael J. nn, squire
Attorney for efe danta,
Raymond C. Gran on, Jr.,
Managing Partners, Insurance and
Strickler Insurance Agency
0/0 t . Z' DATED:
a u:
i'I "I' C1. n
r7l
U i:)
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
REPLY OF PLAINTIFFS TO NEW MATTER OF ST.RICKLER INSURANCE AGENCY,
MANAGING PARTNERS INSURANCE AND RAYMOND C. GRANDON JR.
AND NOW, come Plaintiffs by and through their attorneys O'Brien, Baric & Scherer and
file the within reply and in support thereof set forth the following:
53. To the extent these averments constitute conclusions of law, no response is
required. To the extent a response may be required the averments are denied.
54. To the extent these averments constitute conclusions of law, no response is
required. To the extent a response may be required the averments are denied.
55. Admitted in part and denied in part. It is admitted only that Plaintiffs aver that
third parties were directly and proximately responsible for the physical damages occurring to
Plaintiffs property. To the extent these averments constitute allegations that Defendants were not
responsible over to the Plaintiffs for the damages these averments are denied.
56. To the extent these averments constitute conclusions of law, no response is
required. To the extent a response may be required the averments are denied.
57.(58) To the extent these averments constitute conclusions of law, no response is
required. To the extent a response may be required the averments are denied.
II 58. Denied. To the contrary, Plaintiffs damages were the direct and proximate result
of the acts and omissions of answering Defendant.
59. Denied. To the contrary, Plaintiffs damages were the direct and proximate result
of the acts and omissions of answering Defendant.
60. To the extent these averments constitute conclusions of law, no response is
required. To the extent a response may be required the averments are denied.
61. To the extent these averments constitute conclusions of law, no response is
required. To the extent a response may be required the averments are denied.
WHEREFORE, Plaintiffs request recovery in their favor and against Defendants in
accordance with Plaintiffs Complaint.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/I itigatioNspraguddoeuMent/st tickler, rep
VERIFICATION
I verify that the statements made in the foregoing Reply Of Plaintiffs To New Matter of
Defendants, Strickler Insurance Agency, Managing Partners Insurance and Raymond C.
Grandon, Jr. are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsification to authorities.
7
DATED: 7111 V J
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL. TERM
CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I hereby certify that on July // , 2000, 1, David A. Baric, Esquire, of O'Brien, Baric &
Scherer, did serve a copy of the Reply Of Plaintiffs To New Matter of Defendants, Strickler
Insurance Agency, Managing Partners Insurance and Raymond C. Grandon, Jr., by first class U.S.
mail, postage prepaid, to the parties listed below, as follows:
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, Pennsylvania 17108-1268
Attorney for Rose A. Lemke
Michael J. Dunn, Esquire
Murphy & O'Conner
Two Penn Center Plaza, Suite 1100
15th and JFK Boulevard
Philadelphia, Pennsylvania 19102
Drew P. Gannon, Esquire
Hartman & Miller, P.C.
126-128 Walnut Street
Harrisburg, Pennsylvania 17101
Attorney for Philip C. Lemke
Attorney for Stricker Insurance Agency,
Managing Partners Insurance
and Raymond C. Grandon, Jr.
David A. Baric, Esquire
MURPHY & O'CONNOR, LLP
By: Michael J. Dunn
I.D,# 99693
Two Penn Center
15TH & J.F. Kennedy Blvd.
Philadelphia, PA 19102
(215) 569-0900
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
and Strickler Insurance Agency
The Boli Factory, Inc. and Court of Common Pleas
Daniel L. Sprague Cumberland County
VS. No: 99-3970
Civil Term
Raymond C. Grandon, Jr.,
Managing Partners Insurance,
Strickler Insurance Agency and
Strickler Insurance Agency, t/a
Managing Partners
DEFENDANTS STRICKLER INSURANCE AGENCY
MANAGING PARTNERS INSURANCE AND RAYMOND C GRANDON, JR.
PRAECIPE TO ATTACH VERIFICATION
TO THE PROTHONOTARY:
Kindly attach the Verificati on of Raymond C. Grandon, Jr, to
defendants' Answer to Plaintiffs' Complaint with New Matter, the
original of which was filed with the Court on June 26, 2000.
MURPHY & O'CONNOR, LLP
BY: ?-Ild,,L
,,J.Dunn, Esq ire
Attorney for Defendants,
Raymond C. Grandon, Jr.,
Strickler Insurance Agency and
Managing Partners Insurance
DATED: /??
VERIFICATION
I, Raymond C. Grandon, Jr., do hereby verify that I am
authorized to take this Verification on behalf of myself,
Managing Partners Insurance and Strickler Insurance Agency, do
hereby verify that the facts contained in the foregoing Answer to
Plaintiffs' Complaint with New Matter are true and correct to the
best of my knowledge, information and belief. I am aware that if
any of the statements contained herein are wilfully false, I am
subject to punishment.
RAYM D C. GRANDON, JR.
Dated: 6 '3v" 4?k?
L
?r
rx ..
-
?
?=
C) o j
?? U
THE BOLI FACTORY, INC.,
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR., :
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE :
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-3470 CIVIL TERM
IN RE: PETITION FOR ENTRY OF JUDGMENT OF NON-PROS
ORDER OF COURT
AND NOW, this 19'' day of December, 2002, upon consideration of the Petition
for Entry of Judgment of Non-Pros filed on behalf of Defendants Strickler Insurance
Agency, Managing Partners Insurance and Raymond C. Grandon, Jr., and following oral
argument scheduled for this date, the petition is denied.
avid A. Baric, Esq.
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
V ? R?S
la ?zo-o a
BY THE COURT,
l
I
Michael J. Dunn, Esq.
Murphy & O'Conner
Two Penn Center Plaza
Suite 1100
15"' and JFK Blvd.
Philadelphia, PA 19102
Attorney for Defendants
Strickler Insurance Agency, Managing
Partners Insurance and Raymond C.
Grandon, Jr.
l Matthew E. Hamlin, Esq.
258 Gennessee Street
Suite 600
Utica, NY 13502
Attorney for Defendant
Philip C. Lemke
Y Jefferson J. Shipman, Esq.
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for Rose A. Lemke
:rc
Jefferson J.Shipman, Esquire
I.D. N: 51785
GOLDBERG, KATZMAN 6 SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant, Rose A. Lemke
THE BOLI FACTORY, INC. AND
DANIEL L. SPRAGUE
Plaintiff
VS.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS INSURANCE,
STRICKLER INSURANCE AGENCY,
STRICKLER INSURANCE AGENCY,
t/a MANAGING PARTNERS,
PHILIP LEMKE & ROSE A. LEMKE
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3970 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER OF DEFENDANT, ROSE A LEMKE,
TO MOTION TO WITHDRAW
AND NOW, comes the Defendant, Rose A. Lemke, by and through
her counsel, Goldberg, Katzman & Shipman, P.C., who files the
following Answer to the Motion to Withdraw of David A. Baric,
Esquire:
1. Defendant Lemke is without sufficient knowledge or
information to adequately respond to the statements contained in
Paragraph No. 1.
2. Defendant Lemke is without sufficient knowledge or
information to adequately respond to the statements contained in
Paragraph No. 2.
3. Admitted upon information and belief.
4. Admitted upon information and belief.
5. Admitted upon information and belief..
WHEREFORE, Defendant, Rose A. Lemke, respectfully requests
that this matter be dismissed with prejudice.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Y- - A ?" t Lt 2 [?
J f e son J. Shipman, Esquire
IN 51785
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant,
Rose A. Lemke
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same in
the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on November 8, 2002:
David A. Baric, Esquire
O'Brien, Baric & Scherer
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiffs
Michael Dunn, Esquire
2 Penn Center Plaza, Suite 1100
15th Floor
JFK Boulevard
Philadelphia, PA 19102
Attorneys for Strickler Insurance Agency and Managing Partners
Insurance, Raymond Grandon
Matthew E. Hamlin, Esquire
Hartman, Osborne & Rettig, P.C.
126-128 Walnut Street
Harrisburg, PA 17101
Philip Lemke
4290 Sunshine Boulevard
St. James City, Florida
GOLDBERG, KATZMAN & SIiIPMAN, P.C.
J ff on !J1 ire
•D• 0. P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendant,
Rose Lemke
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THE BOLI FACTORY, INC., : IN THE COURT OF COMMON PLEAS OF
and DANIEL L. SPRAGUE, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : CIVIL ACTION-LAW
RAYMOND C. GRANDON, JR., :
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE :
and ROSE A. LEMKE,
. Defendants NO. 99-3470 CIVIL TERM
ORDER OF COURT
AND NOW, this 29e day of October, 2002, upon consideration of David A.
Baric's Motion to Withdraw, a Rule is hereby issued upon Plaintiffs and Defendants to
show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service. Service shall be deemed to be
complete upon mailing copies of the Rule by first class mail.
BY THE COURT,
J. esley Oler, J.
David A. Baric, Esq.
17 West South Street
Carlisle, PA 17013
Attorney for Plaintiffs
i
Michael J. Dunn, Esq.
Murphy & O'Conner
Two Penn Center Plaza
Suite 1100
15°i and JFK Blvd.
Philadelphia, PA 19102
Attorney for Defendants
Strickler Insurance Agency, Managing
Partners Insurance and Raymond C.
Grandon, Jr.
Drew P. Gannon, Esq.
126-128 Walnut Street
Harrisburg, PA 17101
Attorney for Defendant
Philip C. Lemke
Jefferson J. Shipman, Esq.
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for Rose A. Lemke
Dorothy Mott, Esq.
114 South Street
Harrisburg, PA 17101
Daniel L. Sprague
4125 Wellington Woods Circle
Apt. 102
Kissimmee, FL 34741
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THE BOLI FACTORY, INC. IN THE COURT OF COMMON PLEAS OF
and DANIEL L. SPRAGUE, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 99-3470 CIVIL TERM
RAYMOND C. GRANDON, JR., CIVIL ACTION-LAW
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
ORDER OF COURT
AND NOW, this _ day of , 2002, upon consideration of the within
Motion To Withdraw, David A. Baric, Esquire is permitted to withdraw as counsel for the
Plaintiffs, The Boli Factory, Inc. and Daniel L. Sprague.
BY THE COURT,
J.
THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
MOTION TO WITHDRAW
Now, comes David A. Baric, Esquire, Attorney for Plaintiffs in the above matter and sets
forth the following in support of this motion to withdraw as counsel:
This matter was instituted for the potential benefit of creditors of a bankruptcy
initiated by Plaintiffs in the U.S. Bankruptcy Court for the Middle District of Pennsylvania.
2. Counsel for Plaintiffs forwarded correspondence to Plaintiff and the attorney for
Plaintiff in the bankruptcy matter approximately one (1) year ago requesting that replacement
counsel be found for this matter. Further, Plaintiff and its bankruptcy counsel were informed that
this matter would be dismissed for lack of docket activity if no replacement counsel were found.
3. Plaintiff, Daniel Sprague, relocated to the state of Florida after the initiation of
this action.
4. Counsel for Plaintiff has forwarded the instant motion filed by Defendants
Strickler Insurance Agency, Managing Partners Insurance and Raymond C. Grandon, Jr. to
Plaintiff and bankruptcy counsel for Plaintiff. No reply has been received from either party. The
copy forwarded to Plaintiff was returned with the notation from the US Postal Service "Not
Deliverable As Addressed Unable to Forward". A copy of the document so received is attached
hereto as Exhibit "A" and is incorporated.
5. Counsel for Plaintiff has received no response in writing or by telephone or other
means from either Plaintiff or bankruptcy counsel for plaintiff in response to correspondence
forwarded to both parties over approximately the last year.
WHEREFORE, Counsel for Plaintiffs respectfully requests that he be permitted to
withdrawal as counsel of record for Plaintiffs.
Respectfully submitted,
X:N, B C & S RER
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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THE BOLI FACTORY, INC.
and DANIEL L..SPRAGUE,
Plaintiffs
V.
RAYMOND C. GRANDON, JR.,
SELECTIVE INSURANCE,
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a MANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-3470 CIVIL TERM
CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
I hereby certify that on October 24, 2002, I, David A. Baric, Esquire, of O'Brien, Baric &
Scherer, did serve a copy of the Motion To Withdraw, by first class U.S. mail, postage prepaid,
to the parties listed below, as follows:
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, Pennsylvania 17108-1268
Drew P. Gannon, Esquire
Hartman & Miller, P.C.
126-128 Walnut Street
Harrisburg, Pennsylvania 17101
Attorney for Philip C. Lemke
Attorney for Rose A. Lemke
Michael J. Dunn, Esquire
Murphy & O'Conner
Two Penn Center Plaza, Suite 1100
15th and JFK Boulevard
Philadelphia, Pennsylvania 19102
Attorney for Stricker Insurance Agency,
Managing Partners Insurance
and Raymond C. Grandon, Jr
Dorothy Mott, Esquire
114 South Street
Harrisburg, Pennsylvania 17101
Daniel L. Sprague
4125 Wellington Woods Circle
Apt. 102
Kissimmee, Florid 34741
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David A. Baric, Esquire
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THE BOLI FACTORY, INC.
and DANIEL L. SPRAGUE,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99-3470 CIVII, TERM
V.
RAYMOND C. GRANDON, JR.
SELECTIVE INSURANCE
MANAGING PARTNERS
INSURANCE, STRICKLER
INSURANCE AGENCY,
STRICKLER INSURANCE
AGENCY t/a i iANAGING
PARTNERS, PHILIP C. LEMKE
and ROSE A. LEMKE
Defendants
TO THE PROTHONOTARY:
ENTRY OF APPEARANCE
Please enter the appearance of the undersigned on behalf of Defendant, Philip C. Lemke
in the above-referenced matter.
Respectfully submitted,
HARTMAN, OSBORNE & RETTIG, P.C.
By: /yc'l4uk"-
Matt . Hamlin, Esquire
Supreme Ct. #86142
126-128 Walnut Street
Harrisburg, PA 17101
(717) 232-3046
Dated: October 2, 2002 Attorney for Defendant,
Philip C. Lemke
CERTIFICATE OF SERVICF.
I hereby certify that I am this day serving a copy of the foregoing document upon the person and in
the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing
a copy of the same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid,
as follows:
David A. Baric, Esquire
17 W. South Street
Carlisle, PA 17013
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman
P.O. Box 1268
Harrisburg, PA 17108
Dated: October 2, 2002
Michael J. Dunn, Esquire
2 Penn Center Plaza, Suike 1100
15th Floor, JFK Boulevard
Philadelphia, PA 19102
HARTMAN, OSBORNE & RETTIG, P.C.
By:
Matthew . amlin, Esquire
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