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Home My WebLink About09-6332Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 INSURANCE & SURETY, INC., Plaintiff V. WEST LEASING, LLC and WEST BARNES, LLC., Defendants NOTICE CIVIL ACTION - LAW ARBITRATION DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that' if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO, NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Toll Free: 800-990-9106 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Q q- (n3,-JQ C-%yj I Ie rTA AV/SO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despu6s de la notificacion de esta Demanda y Aviso radiccando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cudlquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFIICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO: SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES P081BLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 Toll Free: 800-990-9106 Johnson, Duffle, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 'Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 eds@jdsw.com INSURANCE & SURETY, INC., Plaintiff V. WEST LEASING, LLC and WEST BARNES, LLC., Defendant COMPLAINT CIVIL ACTION - LAW ARBITRATION DEMANDED AND NOW, comes the Plaintiff, through its undersigned attorneys, and files this cause of action whereof the following is a statement: 1. The Plaintiff is Insurance and Surety, Inc., a Pennsylvania business corporation with its principal place of business located at 3045 Market Street, Camp Hill, and Cumberland County, Pennsylvania 17011. 2. The Defendants are West Leasing, LLC and West Barnes, LLC, both Pennsylvania limited liability a corporation organized and existing under the lags of Pennsylvania with a principal place of business located at 1462 Trindle Road, Carlisle, PA 17015-9741. Attorneys for Plaintiff IN THE COURT OF COMMON PLEASI OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D 9- 6 33a (?;:l 7 VENUE 3. Venue in this action is properly in Cumberland County, Pennsylvania in that the Defendants transact and maintain a principal place of business in Cumberland County. Additionally, as hereinafter set forth, the payments claimed to be due by Defendant to the Plaintiff were due at Plaintiffs principal place of business in Cumberland County, Pennsylvania. Lucas Enterprises, Inc. v. Paul C. Harman Company, Inc., 417 A.2d 720 (Pa. Super. 1980). FACTUAL BASIS FOR CAUSES OF ACTION 4. Plaintiff sold and serviced several insurance policies ("subject policies"), including a business automotive policy and building coverage policy, issued to Defendants. 5. The subject policies provided insurance variously for business property insurance coverage for the benefit of the Defendants who owned the covered vehicles and buildinglland. 6. Premium payments were to be paid by Defendants to Plaintiff at its principal office as averred above located in Cumberland County, Pennsylvania. 7. The Defendants are in arrears in premium payments due and owing to the Plaintiff for the subject policies in a total amount of $10,977.00 through a period ending on May 1, 2009. 8. A true and correct copy of an outstanding statements for the premiums due is attached hereto, incorporated by reference herein and marked as Exhibit "A" (Automobile Policy) and Exhibit "B" (Building Coverage). 9. The Plaintiff has requested that the Defendants pay to Plaintiff the premiums in arrears on several occasions, but no payments have been made. CAUSES OF ACTION COUNT/ - BREACH OF CONTRACT 10. Paragraphs 1 through 9 are incorporated by reference herein as though the same were more fully set forth herein at length. 11. Defendants, through their purchase and acceptance of the insurance coverage serviced and administered by Plaintiff as set forth above and historical payment of premiums, promised and agreed to pay the premiums to Plaintiff in exchange for coverage provided by the subject policies. 12. By reason of the foregoing, there is due and owing to Plaintiff from Defendant the sum of $10,977.00, as is more specifically itemized and described on Exhibits "A" and "B" hereto which are incorporated by reference herein. WHEREFORE, Plaintiff demands judgment against the Defendants jointly and severally in the amount of $10.977.00, plus interest and costs of suit. COUNT A- UNJUST ENRICHMENT 13. Paragraphs 1 through 12 are incorporated by reference herein as though the same were more fully set forth herein at length. 14. Defendants have had the benefit of the insurance coverages under the subject policies. 15. Defendants were unjustly enriched to the extent that they have had the benefit of the coverage pursuant to the subject policies without paying for premiums as required pursuant to each insurance contract. WHEREFORE, Plaintiff demands judgment against the Defendants jointly and severally in the amount of $10.977.00, plus interest and costs of suit. JOHNSON, DUFFIE, STEWART & WEIDNER ey: vElizabeth Snover Date: Attorney r Plaintiff 7 :377987 VERIFICATION I, Joseph Buyakowski, Vice President of Insurance & Surety, Inc., verify that I am authorized to make the statements herein and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. INSURAN ent Date: ?\ ??? EXHIBIT "A" INSURANCE & SURETY, INC. P.O. BOX 698 CAMP HILL, PA 17011-0698 (717) 763-1144 - FAX (717) 737-7062 MRS, .p0?E.SIOMA? W EMT. E E 1[tFMTe West Leasing LLC West Barnes LLC 1462 Trindle Road Carlisle, PA 17015-9741 PLEASE DETACH AND RETURN WITH PAYMENT E E? 51VA11Itf)I KC__ 0 _ IM 1 0$/01 f?: New Bus iness R BA2094964061 $9,45$ .00 - . } 05/01/2008 to 05/01/2 ; . z f Business Automobile P CNA Insurance = .: y ; Kai FA $9,458;00 Thank You z R Please Pay Insurance i$ Surety';. inc. AFW301 H00102 f- .. SPrvim, I11C EXHIBIT "B" INSURANCE & SURETY, INC. P.O. BOX 698 CAMP HILL, PA 17011-0698 (717) 763-1144 - FAX (717) 737-7062 West Leasing LLC West Barnes LLC 1462 Trindle Road Carlisle, PA 17015-9741 .. 51,549.Oa PA r tE»ge_ Rolicy. - Building Thank You PLEASE DETACH AND RETURN WITH PAYMENT Please Pay Insurance & Surety, :Inc. - alr,?1 r2a?? AFW301 HOOI02 I- .. Services, 111c. ? :`1FT: ?? {y T i 2 0 0 9 SEE 23 Fi i I • .3 lavL?r v * rm,!S0 PD ATr? (x0 3133Co mt a3G4y3 Sheriffs Office of Cumberland County ,L ,r 1LF..-1,"F,uE R Thomas Kline OF THE Pt'jO71"'' NOTARY Sheriff 4?t at tlur?t'rr/ir Ronny R Anderson rp 2009 OCT -5 AM 1 I : 0 3 Chief Deputy Jody S Smith Cl1M:?. pia,itl?'NTl( Civil Process Sergeant OFFic PENNSYLVANIA Edward L Schorpp Solicitor Insurance & Surety, Inc. I Case Number vs. 2009-6332 West Leasing, LLC SHERIFF'S RETURN OF SERVICE 10/01/2009 02:38 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2009 at 1438 hours, she served a true copy of the within Complaint and Notice, upon the withir named defendant, to wit: West Leasing, LLC, by making known unto Dwight West, Owner at 1462 Trindle Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. 10/01/2009 02:38 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2009 at 1438 hours, she served a true copy of the within Complaint and Notice, upon the withir named defendant, to wit: West Barnes, LLC, by making known unto Dwight West, Owner at 1462 Trindle Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.84 SO ANSWERS, October 02, 2009 R THOMAS KLINE, SHERIFF By Deputy Sheriff R e .S , IN RE: INSURANCE & SURETY, INC Plaintiff V. WEST LEASING, LLC and WEST BARNES, LLC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6332 Civil Term Civil Action - Law Arbitration Demanded ANSWER AND NOW, this Aday of October, 2009, comes Defendants, West Leasing, LLC and West Barnes, LLC, by counsel Knupp Law Offices, LLC, Robert L. Knupp, Esquire, and files this combined Answer to the Plaintiffs Complaint: 1. Admitted on information and belief. 2. Denied as stated. The Defendant entities are limited liability corporations. It is admitted that each has a place of business at 1462 Trindle Road, Carlisle, PA 17015- 9741. 3. Admitted. 4. Denied. Plaintiff sold its insurance policies to an entity known as Best Roofing Technology, Inc. 1 r ' n 5. Denied. The answer to paragraph 4 is incorporated. 6. Denied. The answer to paragraph 4 is incorporated. 7. Denied. The answer to paragraph 4 is incorporated. 8. Admitted and denied. It is admitted that certain statements have been prepared by the Plaintiff. It is denied that the sums due are the liabilities of either of the Defendants. 9. Denied. The Defendants are unaware of any demands for payment. 10. No response is required. 11. Denied. The answer to paragraph 4 is incorporated by reference. 12. Denied. The answer to paragraph 7 is incorporated by reference. 13. No response is required. 14. Denied as a legal conclusion. Further, it is averred that the policies were issued to and placed in the name of Best Roofing Technology, Inc. 2 t. 1% 15, Denied as a legal conclusion. If further response is required the answer to paragraph 14 is incorporated by reference. NEW MATTER 16. Plaintiff issued its insurance policies to a entity known as Best Roofing Technology, Inc. (Best Roofing). 17. Best Roofing filed its Chapter 11 bankruptcy petition on May 20, 2009. 18. It was not until after the filing of the bankruptcy that Plaintiff decided to prepare invoices to the two (2) Defendants. 19. Plaintiff is attempting to circumvent the automatic stay imposed by 11 U.S.C. §362 of the Bankruptcy Code. 20. Plaintiff is attempting, by misdirection, and artifice, to collect from entities other than the debtor-in-possession, Best Roofing. 3 r y , WHEREFORE, Defendants respectfully request that the Arbitrators dismiss this matter with prejudice and allow the Defendants to recover attorney's fees in full based upon Plaintiffs conduct. Respectfully submitted, KNUPP LAW OFFICES, LLC P Box 630--'--- 407 North Front Street Harrisburg, PA 17108 (717/238-7151); FAX (717)238-7910 knuppbkc IM-yahoo.com robert knupp(a?verizon.net 4 VERIFICATION 1, Dwight West, President of Best Roofing Technology, Inc., verify and state that the facts set forth in' the within document are true and correct to the best of my knowledge, information and belief. I submit this Verification pursuant to .18 Pa.C.S.A. §4904 dealing with false statements and relating to unsworn verification to authorities. Dwight est Date: October 6, 2009 CERTIFICATE OF SERVICE I hereby certify that on this /- day of October 2009, 1 electronically filed and served the within Answer and mailed by United States Mail, First Class, postage prepaid to all other interested parties: David W. DeLuce, Esquire Elizabeth D. Snover, Atty-at-Law Johnson, Duffie, Stewart & Weidner PO Box 109 Lemoyne, PA 17043-0109 KNUPP LAW OFFICES, LLC PO ox 630 407 North Front Street Harrisburg, PA 17108 (7171238-7151); FAX (717)238-7910 cc: Best Roofing Technology, Inc. Dwight West 1462 Trindle Rd. Carlisle, PA 17015 6 nt: 2. 49