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Home My WebLink About99-05909.a , ,C1 ,.I<) ` rte rf? fr POST & SCHELL, P.C. BY: JAMES F. MALLOY I.D. # 69043 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215)587-1000 TRACY D. FURRY and ZANE D. FURRY 104 Cleversburg Road Shippensburg, PA 17257 Plaintiffs, V. CHIMNEY SWEEP SYSTEMS 73 West Main Street Plainfield, PA 17081 Defendant. TO THE PROTHONOTARY: ATTORNEYS FOR PLAINTIFFS COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. yI' 5f,) UeAtIr JURY TRIAL DEMANDED Kindly issue a Writ of Summons against the defendants in the above-referenced action. POST & SCHELL, P.C. BY: JAMES F. MALLOY, ESQUIRE ?j I C Attorney for Plaintiffs DATED: C?j o_ w Ql u \ { Commonwealth of Pennsylvania County of Cumberland Tracy D. Furry and Zane D. Furry 104 Cleversburg Road Shippensburg, PA 17257 Court of Conunon Pleas va. Chimney Sweep Systems No- ______ 99_ A909_Civil 73 West Main Street °"°- 19---- Plainfield, PA 17081 f„ Civil Action -Law ---------------- ---------------------------- To __ey_Sweep Sxstetns_ - - - You are hereby notified that - Tracy D. Furry and Zane D. Fury the Plaintiffs havecommenced an action in __Civil_ActiOn_ =_LEIw[_____________ against you which you are required to defend or a default judgment may be entered against you. (SEAL) .___Curtis R. Long- --------- --- ---------------------- Prothonotary Date --_§Mtsnbtr 27c----------- 1999_ By Deputy ?-°---. ei i 7= LI I mi I z ci n a ? aNa ? fi i1 W N 'H,1 9.5 9 •5 my a m re) •O w '1 o U r?-I d > w ri om r-i CD ?? aJ o :? l o q 9 .2 N hHaH SHERIFF'S RETURN - REGULAR CASE NO: 1999-05909 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FURRY TRACY D ET AL VS. CHIMNEY SWEEP SYSTEMS KATHY CLARKE , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CHIMNEY SWEEP SYSTEMS the defendant, at 8:43 HOURS, on the 30th day of September 1999 at 73 WEST MAIN STREET PLAINFIELD, PA 17081 CUMBERLAND County, Pennsylvania, by handing to JONATHAN J. IRWIN (OWNER) a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: w? Docketing 18.00 Service 3.72 ! O Affidavit .00 - Surcharge 8.00 1?35 A1111 e =09/30/ dd; 1999ELL by C?a?1 e y e i Sworn and subscribed to before me this ?J..? day of 06". 19 '? _ A.D. no POST & SCHELL, P.C. BY: JAMES F. MALLOY I.D. # 69043 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 TRACY D. FURRY and ZANE D. FURRY 104 Cleversburg Road Shippensburg, PA 17257 Plaintiffs, V. CHIMNEY SWEEP SYSTEMS 73 West Main Street Plainfield, PA 17081 Defendant ATTORNEYS FOR PLAINTIFFS COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 99 - 5909 JURY TRIAL DEMANDED Plaintiffs, by and through their undersigned counsel, hereby bring their Complaint against Defendant and aver as follows: I . Plaintiffs, Tracy and Zane Furry, are an adult married couple who at all times relevant to this action resided at the address mentioned in the caption above. 2. Defendant is, upon information and belief, a company licensed to do business in the Commonwealth, with a principal place of business at the address mentioned in the caption above. 3. On or about June 23, 1998, Defendant's employees, agents, and/or servants inspected, tested and/or serviced a masonry chimney which vented a wood-burning stove at Ms. Vivian Sprecker's property at 104 Cleversburg Road, Shippensburg, PA 17257. `-rs 4. In July of 1988, Plaintiffs purchased the property at 104 Cleversburg Road Shippensburg, PA 17257 from Ms. Vivian Sprecker. 5. On or about March 7, 1999, a fire occurred at Plaintiffs' property at 104 Cleversburg Road, Shippensburg, PA 17257, said fire originating at the aforementioned masonry chimney. 6. This fire resulted in extensive damage to Plaintiffs' real and personal property, as well as the imposition of additional expenses, all of which was directly and proximately caused by the Defendant's employees, agents, and/or servants as is further and more fully described below. COUNT I-NEGLIGENCE 7. Plaintiffs incorporate by reference paragraphs I through 6 above as though each were fully set forth at length. 8. The aforementioned fire and consequent damages and expenses were the direct and proximate result of the negligence and/or carelessness of Defendant, including Defendant's negligent and/or careless acts and/or omissions as performed by and through its employees, agents, and/or servants, more specifically described as follows: (a) carelessly and negligently failing to exercise reasonable care in inspecting, servicing and/or testing the fireplace (and/or related components thereof) at the subject premises; (b) carelessly and negligently failing to adequately instruct its servants, employees, and/or agents as to proper inspection, service and/or testing procedures with regard to the fireplace (and/or related components thereof) at the subject premises; -2- (c) carelessly and negligently failing to adequately warn Ms. Vivian Sprecker and Plaintiffs of defects in the fireplace (and/or related components thereof) at the subject premises; (d) carelessly and negligently failing to provide, establish, and/or follow proper and adequate controls so as to ensure the safety and integrity of the fireplace (and/or related components thereof) at the subject premises, and/or the absence of defects in the fireplace (and/or related components thereof) at the subject premises; (e) carelessly and negligently failing to inspect, service and/or test the fireplace (and/or related components thereof) at the subject premises in conformity with the prevailing industry and governmental specifications and standards; (f) carelessly and negligently failing to supervise its servants, employees, and/or agents in the inspection, service and/or testing of the fireplace (and/or related components thereof) at the subject premises; (g) carelessly and negligently selecting and/or contracting with individuals or entities that were each ill-trained and unprepared to properly inspect, service and/or test the fireplace (and/or related components thereof) at the subject premises; (h) carelessly and negligently failing to exercise reasonable care in inspecting, servicing and/or testing the design and construction of the fireplace in a manner that would have revealed that the soundness and safety of the fireplace (and/or related components thereof) at the subject premises was likely to become a fire hazard; -3- (I) carelessly and negligently failing to adequately instruct its servants, employees, and/or agents as to the appropriate level of care necessary in inspecting, servicing and/or testing the design and construction of the fireplace in order to reveal that the fireplace (and/or related components thereof] at the subject premises was likely to become a fire hazard; 0) carelessly and negligently failing to supervise its servants, employees, and/or agents so as to ensure use of the appropriate level of care necessary for inspecting, servicing and/or testing the fireplace in order to reveal that the stability and safety of the fireplace (and/or related components thereof) was questionable; and/or (k) carelessly and negligently violating the standards of care prescribed by statutes, rules, regulations, ordinances, codes and industry customs applicable to this action, particularly NFPA 211. 9. As a result of fire, smoke, and heat, and firefighting activities - all proximately caused by the negligence and/or carelessness of Defendant - Plaintiffs sustained and incurred damage to their real and personal property and additional expenses in an amount in excess of Twenty Five Thousand ($25,000.00) Dollars. -4- WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in an amount in excess of Twenty five Thousand ($25,000.00) Dollars, plus interest, costs of suit, reasonable attorney's fees, delay damages, and such other relief as this Honorable Court deems appropriate under the circumstances. Respectfully submitted, POST & SCHELL, P.C. BY: coma ? 4?4 J OS F. MALLOY, ESQUIRE t mey for Plaintiffs DATED: j' 7 ,?AC- -5- I, JAMES F. MALLOY, verify that the statements set forth in the foregoing Plaintiffs' Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that this verification is made subject to the penalties of 28 Pa. C.S. Section 4904 relating to unworn falsification to authorities. :S F. MALLOY, E DATED: 7 C r / 1, James F. Malloy, hereby certify that service of a true and correct copy of the within Complaint was made upon all parties listed below by United States First Class Mail postage prepaid. Chimney Sweep Systems 73 W. Main Street Plainfield, PA 17081 Ms. Cindy Pupalaikis Hermitage 707 W. Chester Ave. -Suite 411 White Plains, NY 10604 POST & SCHELL, P.C. BY: ja_7W J S F. MALLOY, ESQUIRE 'Altomev for Plaintiffs DATED: 2 7 re -r 9/ a r- c wS> ' ?.r _ CJ J I. ` V u cJ POST & SCHELL, P.C. BY: JAMES F. MALLOY I.D. # 69043 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 TRACY D. FURRY and ZANE D. FURRY Plaintiffs, V. CHIMNEY SWEEP SYSTEMS ATTORNEYS FOR PLAINTIFFS COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 99 - 5909 JURY TRIAL DEMANDED Defendant. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended. Respectfully submitted, POST & SCHELL, P.C. BY: PA? JAMES F. MALLOY, ESQUIRE Attorneys for Plaintiffs DATED: f I2 ? I ?•? G U ?= `• .]'J _ N - ' ' _ - ? ?u L: - . CL 6`_ C? V ' c