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HomeMy WebLinkAbout13-3152 Supreme Court ofPe CourLM 6Mmt o`n PI.eas For Prothonotary Use Only: Civil, Cover_ .Sheet Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required bylaw or rules of court. Commencement of Action: S x Complaint El Writ of Summons Q Petition Q Transfer from Another Jurisdiction © Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Indemnity Ins. Co. of Nort h America a/s /o Carlisle Area W. G. Tomko, Inc. T Dollar Amount Requested: within arbitration limits I Are money damages requested? Q Yes El No (check one) Doutside arbitration limits O N Is this a Class Action Suit? E] Yes El No Is this an MDJAppeal? © Yes El No A Name of Plaintiff /Appellant's Attorney: Joel Cohen, Esquire El Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS D Intentional © Buyer Plaintiff Administrative Agencies El Malicious Prosecution © Debt Collection: Credit Card El Board of Assessment Motor Vehicle © Debt Collection: Other ® Board of Elections 0 Nuisance Dept. of Transportation Q Premises Liability Statutory Appeal: Other S © Product Liability (does not include Employment Dispute: E mass tort) Slander/Libel/ Defamation Discrimination C Other: El Employment Dispute: Other Q Zoning Board T , � Other: N egligence - Property Dam4l I h Other: O MASS TORT Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste El Ejectment © Common Law /Statutory Arbitration B ® Other: © Eminent Domain /Condemnation ® Declaratory Judgment ® Ground Rent Mandamus rl Landlord/Tenant Dispute Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY Mortgage Foreclosure: Commercial ® Quo Warranto Dental Partition D Replevin Legal Quiet Title FLI Other: Q Medical F] Other: E] Other Professional: Updated 11112011 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND INDEMNITY INSURANCE COMPANY OF DOCKET NO.:/ - 3 C) NORTH AMERICA a/s /o CARLISLE AREA o SCHOOL DISTRICT, CIVIL ACTION -LAW r°CO C__ MF = rn :Z' = 70 r_t Plaintiff, dr ) V. JURY TRIAL DEMANDED C r 0 , W.G. TOMKO, INC., 1 o Defendant. NOTICE TO DEFEND NOTICE AVISO You have been sued in court. If you wish to defend against the Le han demandado a usted en la corte. Si usted quiere claims set forth in the following pages, you must take action defederse de estas demandas expuestas en las paginas within twenty (20) days after the complaint and notice are served, siguientes, usted tiene viente (20) dias de plazo al partir de la by entering a written appearance personally or by attorney and fecha del demanda y ]a notificacion. Hace falta asentar una filing in writing with the court your defenses or objections to the comparencia escrita o en persona o con un abogado y entregar claims set forth against you. You are warned that if you fail to do a la corte en forma escrita sus defenses o sus objeciones a las so the case may proceed without you and a judgment may be demandas en contra de su persona. Sea avisado que si usted entered against you by the court without further notice for any no se defiende, la corte tomara medidas y puede continuar la money claimed in the complaint or for any other claim or relief demanda en contra suya sin previo aviso o notificacion. requested by the plaintiff. You may lose money or property or Ademas, la corte puede decidir a favor del demandante y other rights important to you. requiere que usted cumpla con todas ]as provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT LLEVE ESTA DEMANDA UN ABOGADO ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT INMEDIATMENTE. SI NO T1ENE ABOGADO O Sl NO AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET T1ENE DINERO SUFICIENTE DE PAGAR TAL FORTH BELOW TO FIND OUT WHERE YOU CAN GET SERVICIO, VAYA EN PERSONA O LLAME POR LEGAL HELP TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service of Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 . fnA l VV` V_Tf 3 °� COMPLAINT AND NOW COME the Plaintiff, Indemnity Insurance Company Of North America As Subrogee Of Carlisle Area School District (hereafter "Plaintiff'), by and through their undersigned attorney, Joel Cohen, Esquire, and file this civil action against the Defendant captioned above and respectfully represent; PARTIES 1. Plaintiff, the Indemnity Insurance Company of North America, ("ACE - INA") is an insurance company doing business in all states of the United States, with a principal place of business located at 436 Walnut Street, Philadelphia, PA 19106 and is the insurer of the Carlisle Area School District ( "insured ") with offices located at 623 West Penn Street, Carlisle, PA 17013. 2. Defendant, W.G. Tomko, Inc. ( "Defendant ") is a corporation under the laws of the State of Pennsylvania, engaged in the business of plumbing installation and repair, with a principal place of business located at 2559 Route 88 Highway in Finleyville, PA 15332. VENUE 3. The action is properly laid in Cumberland County, Pennsylvania, as it is the county in which the incident underlying this action occurred. BACKGROUND 4. On or about June 7, 2011, a significant leak occurred at the Carlisle Area High School located at 623 West Penn Street, Carlisle, PA 17013. 5. Through investigation it was determined that this leak occurred based on failure of the housing of an aluminum flow measurement instrument that had been installed by Defendant. 6. It was further determined through investigation that the use of an aluminum T- shaped fitting between copper pipes caused a galvanic coupling which led to corrosion of that connection and caused a leak to occur. 7. Investigation also revealed that during the course of installation, a bronze finish was applied to the aluminum T- shaped fitting which did not protect the aluminum and may have contributed to the corrosion of that connection. 8. As a result of this leak, a leak occurred at the Carlisle Area High School, resulting in substantial damage to equipment and property of the school. 9. As a result of this damage, Carlisle Area School District submitted a claim to Plaintiff for $21,663.43 (inclusive of deductible) which Plaintiff as insurer paid. 10. Plaintiff now seeks recovery of this amount by way of subrogation through the instant action. COUNT ONE - NEGLIGENCE 11. Plaintiff repeats and re- alleges paragraphs 1 -10 as if set forth at length herein. 12. Defendant W.G. Tomko, or an agent, servant, employee, or representative acting on their behalf, installed the aluminum T- shaped fitting and connective copper piping which ultimately failed, causing the leak that resulted in Plaintiff's loss. 13. At all relevant times hereto, Defendant had a duty to perform all work in a reasonable workmanlike manner and to utilize safe and proper equipment in the installation of Plaintiff's insured's plumbing system. 14. Defendant breached this duty through the use of unsafe equipment, specifically the coupling of dissimilar metallic connections and arranging the fittings of the system such that they would be subject to accelerated and unnecessary deterioration. 15. As a direct and proximate result of the breach of the aforementioned duty, Plaintiff was caused to suffer damages in the total amount of $21,663.43, inclusive of deductible. 16. As a result of this leak, the property of Carlisle Area School District was damaged and the School District submitted a claim to Plaintiff, which Plaintiff paid. Plaintiff now seeks to subrogate that loss by and through the instant action. WHEREFORE, Plaintiff, as subrogee of Carlisle Area School District, demands judgment against Defendant W.G. Toinko, Inc. in the total amount of $21,663.43 together with the costs of this action, and any other relief this Court may deem just and proper. JURY DEMAND Plaintiff hereby requests a trial by jury in the above - captioned matter. LAW OFFICES OF DENNIS J. CRAWFORD By: OEL COHEN, ESQUIRE Attorney ID No.: 309664 619 South White Horse Pike Audubon, NJ 08106 Tel. No.: (856) 310 -5550 Fax No.: (856) 310 -9099 --(� j Attorney for Plaintiff Dated: .5 1 VERIFICATION I, JEFFREY WALTERS hereby verify that the averments in the foregoing Complaint are true and correct to the best of my knowledge, information and belief based on the information contained within my file. I make this verification subject to the penalties of 18 Pa. C.S.A section 4904, relating to unsworn falsification to authorities. E PREY WALTERS Authorized Representative for Indemnity Insurance Company of North America Dated: !a'!��' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson c� LED-C FIC - Sheriff '411.. # QTIIQ *Q ' $' Jody S Smith .�$ ; a 10 Chief Deputy E£ m `'1PBERL�,NO GQu Richard W Stewart NTT Solicitor " Ir r r(' ,.. rl r PENNSYLVANIA Indemnity Insurance Company of North America a/s/o Carlisle Area Schoo Case Number vs. 2013-3152 W.G. Tomko, Inc. SHERIFF'S RETURN OF SERVICE 06/11/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: W.G. Tomko, Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Washington, Pennsylvania to serve the within Complaint&Notice according to law. 06/25/2013 12:35 PM-The requested Complaint&Notice served by the Sheriff of Washington County upon Rachel Comis,who accepted for W.G. Tomko, Inc., at 2559 Route 88 Highway, Finleyville, PA 15332. Samuel F. Romano, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $32.00 SO ANSWERS, 6Z July 16, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. WASHINGTON COUNTY, PENNSYLVANIA OFFICE OF THE SHERIFF SAMUEL F. ROMANO COURTHOUSE SQUARE SHERIFF SUITE 303 100 WEST BEAU STREET `C1GTO1VCp WASHINGTON, PA 15301 .LAMES B. DALESSANDRO � J� o G 724-228-6840 CHIEF DEPUTY yy02� FAx 724-223-4719 im �y H RIFF Sheriff File Number— 13001934 Court Docket#: 13-3152 County of Washington, Commonwealth of Pennsylvania INDEMNITY INSURANCE COMPANY OF NORTH Affidavit of Service AMERICA a/s/o CARLISLE AREA SCHOOL DISTRICT COMPLAINT VS. W.G. TOMKO INC. I hereby CERTIFY and RETURN that on 6/25/2013 at 12:35 PM at 2559 ROUTE 88 FINLEYVILLE,PA 15332 the within COMPLAINT,was served on W.G. TOMKO INC.,the defendant named therein, in the following manner: CORPORATION By delivering to and leaving with RACHEL COMIS the AGENT AUTHORIZED TO ACCEPT a true copy thereof. SERVICE ATTEMPTS Deputy Notes: Fees Received from Attorney:FIRST DEFENDANT BASE COST($24.50)POSTAGE($1.00)MILEAGE($20.34)Total:$45.84 Attorney Name:LAW OFFICE OF DENNIS J.CRAWFORD,619 S WHITE HORSE PIKE AUDOBON,NJ 08106 Affirmed&Subscribed to before Me 7/3/2013 JASON LUCI, Deputy Sheriff Notary Public My commission expires: Sheriff of Washington County `ioftCodc,Inc -11A. Wa51i J'LkS+?NINN :.il:A.Rt:.ii.;Aot DICKIE,MCCAMEY& CHILCOTE,P.C. -.. �' �jOR,NEYS FOR DEFENDANTS, BY: Allison L. Perry,Esquire OF � E PkOTHO . ^R 1 W.G. TOMKO, INC. ATTORNEY I.D.NO.306568 2013 AUG 29 Pit 1. 49 BY: W. Alan Torrance,Jr.,Esquire ATTORNEY I.D.NO.49592 CUMBERLAND COUNTY 1650 Arch Street,Suite 2110 RENNSYLVANIA Philadelphia,PA 19103 215-925-2289 (Tele) 215-925-0307 ax INDEMNITY INSURANCE COMPANY of IN THE COURT OF COMMON PLEAS NORTH AMERICA a/s/o CARLISLE OF CUMBERLAND COUNTY, AREA SCHOOL DISTRICT, PENNSYLVANIA Plaintiffs, NO. 13-3152 V. CIVIL ACTION - LAW W.G. TOMKO, INC., Defendant. JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Allison L. Perry, Esquire and W. Alan Torrance, Jr., Esquire as counsel for Defendant, W.G. Tomko, Inc. with regard to the above-captioned matter. . Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: August 26, 2013 By: Alliso L. , Esquire Supreme Court I.D. #306568 W. Alan Torrance, Jr., Esquire Supreme Court I. D. #49592 1650 Arch Street, Suite 2110 Philadelphia, PA 19103 Attorneys for Defendant, W.G. Tomko, Inc. CERTIFICATE OF SERVICE AND NOW, August 26, 2013, I, Allison L. Perry, Esquire, hereby certify that I did serve a true and correct copy of the foregoing ENTRY OF APPEARANCE upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Philadelphia, Pennsylvania, addressed as follows: By First-Class Mail: Joel Cohen, Esquire 619 South White Horse Pike Audubon,New Jersey 08106 Counsel for Plaintiffs Allison L. Pet9y, Esquire F1110-OFF CE DICKIE,MCCAMEY&CHILCOTE,P,1} L '+ ATTORNEYS FOR DEFENDANTS, BY:Allison L.Perry,Esquire W.G. TOMKO,INC. ATTORNEY I.D.NO. 2013 AUG 29 PH f: 12 BY: W.Alan Torrance,Jr.,Esquire ATTORNEY I.D.NO. CUMBERLAND COUNTY 1650 Arch Street,Suite 2110 PENNSYLVANIA Philadelphia,PA 19103 (215)925-2289(Tele) (215)925-0307Fax) INDEMNITY INSURANCE COMPANY of IN THE COURT OF COMMON PLEAS NORTH AMERICA a1slo CARLISLE AREA OF CUMBERLAND COUNTY, SCHOOL DISTRICT, PENNSYLVANIA Plaintiff NO. 13-3152 Y. CIVIL ACTION- LAW W.G.TOMKO, INC., Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Joel Cohen, Esquire 619 South White Horse Pike Audubon,New Jersey 08106 (856) 310-5550 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN ANSWER AND NEW MATTER OF DEFENDANT, W.G. TOMKO, INC. WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE,P.C. By: Allison Y. PWY, Esquire Supreme Court I.D. # 306568 w. Alan Torrance, Jr., Esquire Date: August 26, 2013 Supreme Court I. D. # 49592 Attorneys for Defendant, W G. Tomko, Inc. Notice to Plead To: All Parties You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty(20)days from the service hereof or a judgment may be entered against you. ALLISO L.PE ,E QUIRE Attorney far Defe ant,W.G.Tomko,Inc. Dickie, McCamey&Chilcote, P.C. Allison L. Perry, Esquire Attorney ID No. 306568 1650 Arch Street,Suite 2110 Philadelphia, PA 19103 (215) 925-2289 Attorney for Defendant,W.G. Tomko, Inc. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND INDEMNITY INSURANCE COMPANY OF DOCKET NO.: 13-3152 NORTH AMERICA a/s/o CARLISLE AREA SCHOOL DISTRICT, CIVIL ACTION - LAW Plaintiff, V. JURY TRIAL DEMANDED W.G. TOMKO, INC., Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT NOW COMES Defendant,W.G.Tomko, Inc. ("Defendant"),by and through its undersigned counsel, Dickie, McCamey&Chilcote,,P.C., and files the instant Answer with New Matter to Plaintiff's Complaint, and in support thereof, avers as follows: PARTIES 1. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to admit or deny the averments contained in this paragraph of Plaintiffs Complaint. The same are,therefore, denied. 2. Admitted. VENUE 3. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary, the same are denied. BACKGROUND 4. Admitted in part and denied in part. It is admitted only that a leak occurred at the Carlisle Area High School,located at 623 West Penn Street, Carlisle, PA 17013, on or about June 7, 2011. The remainder of the averments contained in this paragraph are denied. 5. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary, the same are denied. 6. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary,the same are denied. 7. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary,the same are denied. 8. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary,the same are denied. 9. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary,the same are denied. Defendant further denies the averments in this paragraph as, after reasonable investigation, Defendant is without sufficient knowledge to admit or deny same. 10. Denied. After reasonable investigation, Defendant is without sufficient knowledge or information to admit or deny the averments contained in this paragraph of Plaintiffs Complaint. The same are,therefore,denied. COUNT ONE-NEGLIGENCE 11. Defendant incorporates by reference paragraphs 1 through 10,above,as if set forth at length herein. 12. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary,the same are denied. 13. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary,the same are denied. 14. Denied. The averments in this paragraph constitute conclusions of law to .which no response is required. To the extent a response may be deemed necessary,the same are denied. } 15. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary, the same are denied. 16. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed necessary, the same are denied. WHEREFORE, Defendant,W.G. Tomko, Inc., demands judgment in its favor, and against Plaintiff,together with costs. NEW MATTER 17. Plaintiff's claims are barred and/or reduced pursuant to the applicable statute of limitations. 18. Plaintiff failed to properly mitigate damages. 19. Plaintiff's claims are barred and/or reduced pursuant to the Pennsylvania Comparative Negligence Act and/or Fair Share Act. 20. Plaintiffs alleged damages, the existence of which are specifically denied, were not causally related to any improper acts or omissions of Defendant or its agents or employees. 21. Plaintiffs claims may be barred, in whole or in part, on the grounds of public policy. 22. Plaintiff has failed to join certain third parties indispensable to this action. 23. Plaintiffs damages,the existence of which is specifically denied,were caused and/or contributed to by others outside the control of this Defendant, or by those whom this Defendant had no right to control. 24. Plaintiff and/or Plaintiffs insured was negligent. 25. Plaintiff and/or Plaintiffs insured caused and/or contributed to the subject leak. 26. Plaintiffs insured failed to exercise due care and caution in the performance and/or completion of their duties. 27. Defendant had no duty to Plaintiff or Plaintiffs insured. 28. Plaintiff breached no duty to Plaintiff or Plaintiffs insured. 29. Plaintiffs claims are barred and/or limited by the doctrines of release, unclean hands, lease,waiver and/or estoppel. 30. Defendant pleads laches as a complete and/or partial bar to Plaintiffs claims and/or recovery. 31. Defendant pleads the terms of the contract between Defendant and Carlisle Area School District as a complete and/or partial bar to Plaintiffs recovery. 32. Defendant incorporates all affirmative defenses,to the extent they may be applicable, set forth in Pa.R.C.P. 1030. WHEREFORE, Defendant,W.G. Tomko, Inc., demands judgment in its favor, and against Plaintiff,together with costs. RESPECTFULLY SUBMITTED, DICKIE, McCAMEY&CHILCOTE, P.C. ALLISON L. RRY, ESQUIRE Attorney for Defendant, W.G. Tomko, Inc. VERIFICATION Allison L. Perry, Esquire states that she is the attorney for Defendant, W.G. Tomko, Inc.; that she is acquainted with the facts set forth in the foregoing pleading; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. AL IS N L. ERRY, ESQUIRE CERTIFICATE OF SERVICE AND NOW, August 26, 2013, 1, Allison L. Wagner, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Philadelphia, Pennsylvania, addressed as follows: By First-Class Mail: Joel Cohen, Esquire 619 South White Horse Pike Audubon, New Jersey 08106 Counsel for Plaintiffs r� Allison L. P47, Esquire M COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND INDEMNITY INSURANCE COMPANY OF DOCKET NO.: 13-3152 NORTH AMERICA a/s/o CARLISLE AREA SCHOOL DISTRICT, CIVIL ACTION-LAW - 3 w • �rR rrr r-n..:,: Plaintiff, �� --a V. JURY TRIAL DEMANDEDa W.G. TOMKO, INC., 77 °, ~ Defendant. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Indemnity Insurance Company Of North America As Subrogee Of Carlisle Area School District (hereafter "Plaintiff'), by and through their undersigned attorney, Joel Cohen, Esquire,hereby reply to Defendant's Answer and New Matter as follows: NEW MATTER 17. The averments herein contain conclusions of law to which no response is required. To the extent a response is deemed required, after reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied. 18. The averments herein contain conclusions of law to which no response is required. To the extent a response is deemed required, after reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied. 19. The averments herein contain conclusions of law to which no response is required. 20. The averments herein contain conclusions of law to which no response is required. To the extent a response is deemed required, after reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied. 21. The averments herein contain conclusions of law to which no response is required. To the extent a response is deemed required, after reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied. 22. After reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied. 23. . After reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied. 24. The averments herein contain conclusions of law to which no response is required. To the extent a response is deemed required, after reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied, 25. The averments herein contain conclusions of law to which no response is required. To the extent a response is deemed required, after reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied. 26. After reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied, 27. The averments herein contain conclusions of law to which no response is required. By way of further response, see Plaintiff's Complaint. 28. The averments herein contain conclusions of law to which no response is required. By way of further response, see Plaintiff's Complaint. 29. The averments herein contain conclusions of law to which no response is required. To the extent a response is deemed required, after reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied. 30. The averments herein contain conclusions of law to which no response is required. To the extent a response is deemed required, after reasonable investigation Plaintiff can neither confirm nor deny the averments herein. Those averments are therefore denied. 31. The averments herein contain conclusions of law to which no response is required. To the extent a response is deemed required, after reasonable investigation Plaintiff can neither confine nor deny the averments herein. Those averments are therefore denied. 32. This paragraph does not require a response. Furthermore, the averments herein contain conclusions of law to which no response is required. WHEREFORE, Plaintiff, as subrogee of Carlisle Area School District, demands judgment against Defendant W.G. Tomko, Inc. in the total amount of$21,663.43 together with the costs of this action, and any other relief this Court may deem just and proper. LAW OFFICES OF DENNIS J. CRAWFORD By: JOEL COHEN, ESQUIRE Attorney ID No.: 309664 619 South White Horse Pike Audubon, NJ 08106 Tel. No.: (856) 310-5550 Fax No.: (856) 310-9099 Attorney for Plaintiff Dated: � )s-�' By:Allison L.Perry, Esquire ONOTAFct Identification No. 306568 2013 SEP 16 PH 2: 2 9 1650 Arch Street Suite 2110 CUMBERLAND COUNTY Philadelphia,PA 19103 PENNSYLVANIA Attorne (s) for Defendant, W.G. Tomko,Inc. INDEMNITY INSURANCE COMPANY OF : COURT OF COMMON PLEAS NORTH AMERICA a/s/o CARLISLE AREA : CUMBERLAND COUNTY SCHOOL DISTRICT, Plaintiff, DOCKET NO.: 13-3152 V. CIVIL ACTION LAW W.G.TOMKO, INC., JURY TRIAL DEMANDED Defendant PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification with that of Allison L. Perry, Esquire which was attached to Defendant's Answer with New Matter to Plaintiffs Complaint filed with the Court on August 29, 2013 in the above captioned matter. nA ,L ,-,� Date: September 12,2013 File Number,27005-341192 r VERIFICATION William G. Tornko, III states that he is the President and CEO of Defendant, W.G. Tomko, Inc.;that he is acquainted with the facts set forth in the foregoing pleading; that the same are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. WILLIAM G. TOMKO, III COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND INDEMNITY INSURANCE COMPANY OF : NORTH AMERICA a/s/o CARLISLE AREA : SCHOOL DISTRICT, v. W.G. TOMKO, INC., Plaintiff, Defendant. DOCKET NO.: 13-3152 CIVIL ACTION-LAW 1".■ SUBSTITUTION OF ATTOlg The undersigned hereby consents to the substitution of the offices of Crawford & McElhatton, as attorneys for the plaintiff, Indemnity Insurance Company of North America a/s/o Carlisle Area School District, in the above entitled matter. LAW OFFICES OF DENNIS J. CRAWFORD By: 0 L COHEN, ESQUIRE Withdrawing attorney for the plaintiff 619 South White Horse Pike Audubon, NJ 08106 Tel No.: (856) 310-5550 Fax No.: (856) 310-9099 E-mail: jcohen@djclawfirm.com DATED: 1{17 1 NI CRAWFORD & McELHATTON By: JO L COHEN, ESQUIRE Superceding attorney for the plaintiff 619 South White Horse Pike Audubon, NJ 08106 Tel No.: (856) 310-5550 Fax No.: (856) 310-9099 E-mail: jcohen@cmlawfirms.com DATED: qh/q CERTIFICATE OF SERVICE I hereby certify that a copy of the within Substitution of Attorney has been timely served on the following by U.S. First Class Mail, postage prepaid addressed as follows Allison L. Perry, Esquire Dickie, McCamey & Chilcote, P.C. 1650 Arch Street, Suite 2110 Philadelphia, PA 19103 -2029 LAW OFFICES OF DENNIS J. CRAWFORD BY: DATED: "[ /7// JOEL COHEN, ESQUIRE Attorney 309664 619 South White Horse Pike Audubon, NJ 08106 Tel. No.: (856) 310 -5550 Fax No.: (856) 310 -9099 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INDEMNITY INS CO, ET AL f Vs: NO. 13-3152 G'- W.G. TOMK INC "El rn CERTIFICATE �' c-3 �7 co PREREQUISITE TO SERVICE OF A SUBPOENA G a PURSUANT TO RULE 4009.22 _1 CD As a prerequisite to service of a subpoena(s) for documents and -`things pursuant to Rule 4009.22 THOMAS O'DONNELL, ESQUIRE certifies that: 1. A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, 2. A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, 3. No objection to the subpoena(s) has been received, and 4. The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 11/14/14 MLR File #: M427780 THOMAS O'DONNELL, ESQUIRE 1650 ARCH ST SUITE 2110 PHILA, PA 19103 866-807-0804 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 By: Theresa Deni IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INDEMNITY INS CO, ET AL Vs. W.G. TOMK INC. TO: JOEL COHEN, ESQ (PLAINTIFF) No. 13-3152 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) 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 subpoena. If no objection is made the subpoena may be served. Date: 10/21/14 Enc(s) : Copy of subpoena(s) Counsel return card File #: M427780 THOMAS O'DONNELL, ESQUIRE 1650 ARCH ST SUITE 2110 PHILA, PA 19103 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, INC. 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 By: Theresa Deni COMMONWEALTH OF PENNSYLVANIA COUNTY OF INDEMNITY INS CO, ET AL Vs. File No. 13-3152 W.G. TOMK INC' SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 FOREMAN ARCHITECTS, 525 WEST NEW CASTLE ST, ZELIENOPLE PA 16063 TO: ATTN: CUSTODIAN OF RECORDS (Name of Person or Entity) Within twenty (20).days after service of this subpoena, you are ordered by the court to produce the f o 1 l ow i ng docuy ents ors'gz TTACHED ADDENDUM at MEDICAL LEGAL REPRODUcTluNS;-INC, 4940 DISSTOIQ ST., PHILA., (Address) You may deliver or mail legible copies of the documents or produce things requested this subpoena, together with the certificate of compliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea.onable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena may seek a court orde.- ccnpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: THOMAS O'DONNELL, ESQ ADDRESS: 1650 ARCH ST PHILA, PA 19103 TELEPHONE: SUPREME COURT ID ATTORNEY FOR: M427780-01 21: 335 3212 DEFENDANT DATE : C� % _ Sea of thCourt TI -E COURT: Prothonotary/Clerk,, ivi l Division (Eff. 7/97) ADDENDUM TO SUBPOENA INDEMNITY .INS CO, ET AL Vs. No. 13-3152 W.G. TOMK INC CUSTODIAN OF RECORDS FOR : FOREMAN ARCHITECTS ***SEE ATTACHED ADDENDUM*** PERTAINING TO: NAME: CARLISLE HIGH SCHOOL ADDRESS: 623 WEST PENN STREET CARLISLE PA SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NODOCUMENTSAVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND M427780-01 FOREMAN ARCHITECTS * * * SIGN AND RETURN THIS PAGE ADDENDUM Any and all documents, plans, specifications, bid packages and drawings, as well as any and all contracts signed between Foreman Architects and W.G. Tomko, Inc., in relation to the renovation of Carlisle High School in Carlisle, Pennsylvania that occurred between 1999 and 2005. C{'nr ...aT'T''.Z OF PEIKTILVANT cowry OF CUMBERLAND .,INDEMNITY INS CO, ET AL Vs. File No. 13-3152 W.G. TOMK INC SUBPOENA TO PRODUCE DOCUMENTS OR TH 1 NG3S FOR DISCOVERY PURSUANT TO RULE 4009.22 LYONS CONSTRUCTION SVCS, 5237 EAST TRINDLE RD, MECHANICSBURG PA 17055 TO: ATTN: CUSTODIAN OF RECORDS (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the fol lowing. documents orS ngAer FRED-DDENDUM at MEDICAL LZGAL xErxOliUCrIONS, INC, 4940 Dj.SSTUN s'r. , FHILA. , (Address) You may deliver -or mail -legible copies of the documents or produce things requested h this subpoena, together with • the certificate of compliance, to the party making thi request at the address listed above. You have the right to seek in advance the rea7;onab1e cost of preparing the copies es or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving th i subpoena may seek a court orde;- cui ening you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: THOMAS O'DONNELL, ESQ NAME: ADDRESS: TELEPHONE: 1650 ARCH ST SUPREME COURT ID # ATTORNEY FOR: M427780-02 PHILA, PA 19103 215-335-3212 DEFENDANT DATE: ib 3 f e i tt Seal of the Court BY THE COURT Prothonotary/C l er~k , Civil C v i s. i on (Eff. 7/97) ADDENDUM TO SUBPOENA INDEMNITY .INS CO, ET AL Vs. W.G. TOMK INC No. 13-3152 CUSTODIAN OF RECORDS FOR: LYONS CONSTRUCTION SVCS ***SEE ATTACHED ADDENDUM*** PERTAINING TO: NAME: CARLISLE HIGH SCHOOL ADDRESS: 623 WEST PENN STREET CARLISLE PA SSAN: XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDS ARE ATTACHED HERETO: I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS ( ) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND M427780-02 LYONS CONSTRUCTION SVCS * * * SIGN AND RETURN THIS PAGE 'k *'k ADDENDUM Any and all documents, plans, specifications, bid packages and drawings, as well as any and all contracts signed between Lyons Construction Services, Inc. and W.G. Tomko, Inc., in relation to the renovation of Carlisle High School in Carlisle, Pennsylvania that occurred between 1999 and 2005. TO: COMMDNWNIWTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDEMNITY INS CO, ET AL Vs. File No. 13-3152 W.G. TOMK INC SUBPOENA TO PRODUCE DOCUMENTS OR TH 1 NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ECI CONSTRUCTION SVCS INC, 124 WEST CHURCH ST, DILLSBURG PA 17019 ATTN: CUSTODIAN OF RECORDS (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 or8EFE'ngATTACDED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS, INC, 49'15f- DISSTON ST., eilLA., PA (Address) You may deliver or mail legible copies of the documents or produce things requested h) this subpoena, together with the certificate of compliance, to the party making thi_ request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its servce, the party serving this subpoena may seek a court order_ cxxrpe l 1 i ng you to coirp l y with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: THOMAS O'DONNELL, ESQ NAME: ADDRESS: 1650 ARCH ST PHILA, PA 19103 TELEPHONE: 215 335 3212 SUPREME COURT ID # ATTORNEY FOR: DEFENDANT M427780-03 DATE : 1 Seal of tlOie sur THE CST: Prothonotary/Clerk, Civil Division C Deputy (Eff. 7/97) ADDENDUM TO SUBPOENA INDEMNITY INS CO, ET AL Vs. W.G. TOMK INC No. 13-3152 CUSTODIAN OF RECORDS FOR: ECI CONSTRUCTION SVCS INC ***SEE ATTACHED ADDENDUM*** PERTAINING TO: NAME: CARLISLE HIGH SCHOOL ADDRESS: 623 WEST PENN STREET CARLISLE PA S SAN : - XXXXX CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN ] RECORDS ARE ATTACHED HERETO; I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or. things above mentioned have been produced. ] NO DOCUMENTS AVAILABLE: I hereby certify that a thorough search. has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) X-RAYS ( ,) PATIENT BILLING ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CUMBERLAND M427780-03 ECI CONSTRUCTION SVCS INC *** SIGN AND RETURN THIS PAGE *** ADDENDUM Any and all documents, plans, specifications, bid packages and drawings, as well as any and all contracts signed between ECI Construction Services, Inc. and W.G. Tomko, Inc., in relation to the renovation of Carlisle High School in Carlisle, Pennsylvania that occurred between 1999 and 2005.