Loading...
HomeMy WebLinkAbout14-0442 01/23/2024 14:58 4122811765 ZIMMER KUNZ PAGE 02 Supreme CO Msylvania COUP . 01. CO nm Pleas For Prothonotary.. Use Qnly; ' C`vil'oveY.h�eet ',��, :Docket No: CUMEERLANFl" County The information collected on this fora, is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: 9 Complaint Q 'Writ of Summons El Petition S,. Transfer from Another Jurisdiction g © Declaration of Takin C.: Lead Plaintiff's Name: Lead Defendant's Name: T'. Eastern Atlantic Insurance Company Harsco Corporation Dollar AmountRequested: Qwitllin arbitration limits I . Are money damages requested? 0 Yes © No (check one) 0outside arbitration limits O N Is this a Class Action Suit? El Yes E; No Is this a MDJ'Appeal? E3 Yes 13 No a :,:... Name ofplaintiff /Appellant's Attorney: Sharon Z. Hall, Esquire © Check here if you have no attorney (area Self (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PR AURY CASE. If you are making moTe than one type of claim'. check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT' (do not include Juc4;menfs) CI + VIL APP .oiLS ® intentional ® Buyer Plaintiff Administrative Agencies El Malicious Prosecution ® Debt Collection: Credit Card 0 Board of Assessment © Motor Vehicle [] Debt Collection: Other © Board of Elections n Nuisance © Dept. of Transportation © Premises Liability © Statutory Appeal: Other s �] Product Liability (does not include MOSS tort) p] Employment Dispute; n d Slander/Libe Defamation Discrimination C EXO Employment Dispute: Other Zoning Board T Property damage Other: J Q Other: l LASS TORT © Asbestos N © Tobacco © Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste ' � Other: 0 Ejectment El Common Law /Statutory Arbitration $.. . Q Eminent Domain/Condemnation Declaratory Judgment 0 Ground Rent Mandamus n Landlord)Tcnant Dispute Non - Domestic Relations j Mortgage foreclosure: Residential Restraining Order PROFESSIONAL LI,A,BLITY © Mortgage foreclosure: Commercial 0 Quo Warranto © Dental O .Partition ® Replevin Legal 17 Quiet Title Other. Q Mcdical [j Other: Q Other Professional: Updated 11112011 .E11) -GFF IC� CU BERLAND COUNTY P YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN ATLANTIC INSURANCE ARBITRATION DIVISION COMPANY, as subrogee of P &B Transportation, Inc., No.! Plaintiff, COMPLAINT IN CIVIL ACTION Vs. Filed on behalf of: PLAINTIFF HARSCO CORPORATION, Defendant. Counsel of Record for this party: SHARON Z. HALL, ESQUIRE Pa. I.D. #89600 JORDAN T. BUSH, ESQUIRE Pa. I.D. #311611 ZIMMER KUNZ, PLLC Firm #920 310 Grant Street, Suite 3000 Pittsburgh, PA 1521.9 (412) 281 -8000 1098395 3415.0050 ll ii . S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN ATLANTIC INSURANCE ARBITRATION DIVISION COMPANY, as subrogee of P &B Transportation, Inc., Plaintiff, No. Vs. HARSCO CORPORATION, Defendant. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone: 717.249.3166 1098395 3415.0050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN ATLANTIC INSURANCE ARBITRATION DIVISION COMPANY, as subrogee of P &B Transportation, Inc., Plaintiff, No. Vs. HARSCO CORPORATION, Defendant. COMPLAINT AND NOW comes the Plaintiff, Eastern Atlantic Insurance Company, as subrogee of P &B Transportation, Inc., by and through its counsel, Sharon Z. Hall, Esquire and ZIMMER KUNZ, PLLC, and files the following Complaint in Civil Action, and in support thereof sets forth the following: 1. Plaintiff, Eastern Atlantic Insurance Company, as subrogee of P &B Transportation, Inc., is a Pennsylvania licensed insurer with its principal place of business at 5300 Derry Street, Harrisburg, Pennsylvania, 17111. 2. P& B Transportation, Inc. is a Pennsylvania corporation with its principal place of business at 601 Marco Road, Apollo, Westmoreland County, Pennsylvania 15613, and on or about August 30, 2012 was the registered owner of a 2007 Reitnouer Flatbed Trailer that was insured under a policy issued by the Eastern Atlantic Insurance Company. 3. The Eastern Atlantic Insurance Company insured P &B Transportation, Inc. I 1098395 3415.0050 4. As subrogee of P &B Transportation, Inc., Plaintiff Eastern Atlantic Insurance Company is entitled to reimbursement for all claims pain on behalf of its insured for which the Defendant is liable. 5. Defendant, Harsco Corporation is a Delaware corporation, licensed to do business in Pennsylvania, with a registered place of business at Corporation Trust Center 1209 Orange Street, Wilmington, New Castle County, Delaware, 19801 and a principal place of business at 350 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 6. This case arises out of an incident that occurred on August 30, 2012 at the Defendant's place of business. 7. ' On this date, a trailer owned and operated by P &B Transportation, Inc. was being loaded at Defendant's facility 8. The Defendant, while loading the trailer owned by P &B Transportation, Inc., dropped an ingot mold from a crane thereby causing damage to P &B Transportation, Inc.'s trailer. COUNT I - NEGLIGENCE 9. The Plaintiff incorporates by reference Paragraphs 1 through 8 of this Complaint in Civil Action as if the same were more fully set forth at length herein. 10. The Defendant owed a duty of reasonable care to the Plaintiff. 11. The Defendant breached this duty of reasonable care by its reckless, careless, and negligent actions. 12. The Defendant was reckless, careless, and negligent generally and in the following particulars: (a) In failing to properly load, place and /or secure items, materials, equipment, machinery and /or molds onto the Plaintiff's trailer; 1098395 3415.0050 (b) In failing to provide and /or use proper materials, equipment and /or other safety measures and /or equipment to prevent damage to the Plaintiff's trailer; (c) In failing to properly secure and /or restrain all items, materials, equipment, machinery and /or molds being lifted, hoisted or otherwise elevated via crane or other equipment around or onto the Plaintiff's trailer; (d) By allowing individuals lacking proper training, experience and /or certifications to secure or restrain items, materials, equipment, machinery and /or molds to be lifted, hoisted, or otherwise elevated by means of crane or other equipment; (e) By allowing individuals lacking proper training, experience and/or certifications to operate cranes and /or other equipment used to load and /or place items, materials, equipment, machinery and/or molds onto the Plaintiff's trailer; (f) By allowing individuals lacking proper training, experience and /or certifications to operate cranes and /or other equipment used to lift, hoist, elevate and /or move items, materials, equipment, machinery and /or molds near, around or in the general vicinity of the Plaintiff's trailer; (g) In failing to properly supervise all employees, servants, contractors or other individuals under the Defendant's control who were operating and /or utilizing cranes and /or other equipment near, around or in the general vicinity of the Plaintiff's trailer; (h) In failing to keep all items, materials, equipment, machinery and /or molds suspended by crane and /or other equipment secured so as to prevent those items from suddenly, forcefully, violently, and dangerously falling and /or descending onto people and /or property below; and (i) In failing to prevent extraordinary damage from occurring to the Plaintiff's trailer; 13. As a direct and proximate result of the reckless, careless and negligent conduct of the Defendant, the Plaintiff suffered the following damages: (a) Property damage to the 2007 Reitnouer Flatbed Trailer. 1098395 3415.0050 14. As a result of the aforementioned recklessness, carelessness, and negligence of the Defendant, Plaintiff, Eastern Atlantic Insurance Company, sustained damages in the amount of $3,990.26. (Attached hereto and marked as Exhibit "A" is a repair estimate for the Plaintiff's vehicle and notice is hereby given that this exhibit will be used as evidence pursuant to P. R.C.P. §1305.) WHEREFORE, The Eastern Atlantic Insurance Company, as Subrogee of P &B Transportation, Inc., demands judgment in its favor and against Harsco Corporation in the amount of $3,990.26 plus costs of suit. Respectfully submitted, ZIMMER KUNZ, PLLC By SHARON Z. HALL, ESQUIRE JORDAN T. BUSH, ESQUIRE Counsel for Plaintiff 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 (412) 281 -8000 1098395 3415.0050 i VERIFICATION I, Diane Esser , of The Eastern Atlantic Insurance Company, have read the foregoing COMPLAINT. The statements contained therein are true and correct to the best of my personal knowledge, information and belief. These statements and verification are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties.. Date; DIANE ESSER 1098395 3415.0050 i i WHITEHALL INSURANCE ADJUSTERS 4232 BROWNSVILLE RD. PITTSBURGH, PA 15227 PHONE: 412 - 884 -6600 CD LOG NO 190 -0 DATE 09 -21 -12 ESTIMATE CLAIM INFORMATION CLAIM # 4892 POLICY # ! COMPANY INTEGRITY ADMINISTRATORS CLAIM REP DIANE ESSER INSURED P &B TRANSPORTATION INC LOSS DATE 09-13-12 CLAIMANT LOSS TYPE UNKNOWN FILE HNDLR FILE # T3610T INSPECTION TYPE FIELD PRIMARY POI ROOF SECOND POI APPRAISER NAME RON SHUSTER LICENSE # 138983 WORK PHONE (724) 455 -2208 FAX (724) 455 -7064 ADDRESS GBU BLDG & RT 51 INSP DATE 09 -21 -12 CITY STATE PITTSBURGH PA LOCATION ZIP 15227- CITY STATE OWNER P &B TRANSPORTATION INC REITN WORK# REPAIR ATTN RON OR DAVE SHOP LIC# TRI -STATE TRAILER CAR IN 3111 GRAND AVE CAR OUT PITTSBURGH PA 15225- REPAIR DAYS SHOP PHONE (800) 724 -3599 FAX (412) 777 -4005 VEHICLE 2007 REITNOUER FLATBED TRAILER OPTIONS. TWO -STAGE - EXTERIOR SURFACES TWO -STAGE - INTERIOR SURFACES CONDITION GOOD VIN 1RNF45A217R019803 LICENSE # CODE T999 REMARKS: * * ** ALL SUPPLEMENTS MUST BE VERIFIED * *NO SUPPLEMENT WITHOUT PRIOR APPROVAL * * * ** AGREED PRICE WITH SHOP * * * ** * * * * ** *THIS IS NOT AN AUTHORIZATION FOR REPAIRS * * * * * * ** >> COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE OWNER << (THERE IS NO REQUIREMENT TO USE ANY SPECIFIED REPAIR FACILITY) OP CODES: * = USER - ENTERED VALUE E = REPLACE OEM NG = REPLACE NAGS EC = REPLACE ECONOMY UE = OE SURPLUS UC = RECONDITIONED PRT UM = REMAN /REBUILT PRT EU = LIKE KIND & QUAL.PRT EP = REPLACE PXN -1- Ex 1131T A 2007 REITNOUER FLATBED TRA, .2R _i DATE 09 -21 -12 CLAIM # 4892 LOG 190 -0 OE = PXN OE SRPLS PC = PXN RECONDITIONED PM = PXN REMAN /REBUILT TE = PARTL REPL PRICE ET = PARTL REPL LABOR IT = PARTIAL REPAIR I = REPAIR L = REFINISH BR = BLEND REFINISH TT = TWO -TONE CG = CHIPGUARD SB = SUBLET N = ADDITIONAL LABOR RI = R &I ASSEMBLY P = CHECK AA = APPEAR ALLOWANCE RP = RELATED PRIOR UP = UNRELATED PRIOR OP GDE MC DESCRIPTION MFR.PART NO. PRICE AJ% B% HOURS R -- - -- -- ----- - - - - -- ------ - - - - -- - - - -- - -- -- - - - -- - RI R &I REAR BULKHEAD SILL R &I ASSEMBLY 4.0 *1* I REPAIR REAR SILL PLATE REPAIR 2.0 *1* E RT SIDE 45' ALUM FLOOR REPLACE OEM 1,652.26* 8.0 *1* E RT SIDE WOOD SECTION I REPLACE OEM 230.00* 2.0 *1* I RT SIDE RAIL - STR & A REPAIR 6.0 *3* SB LT SIDE ALUM FLOOR @ R SUBLET 200.00* 1* »$200.00 is for appearance loss on dents /gouges EC SUPPLIES, HARDWARE, BO REPLACE ECONOMY 48.00* INC *1* SB FREIGHT ALLOWANCE SUBLET 200.00* INC *1* 8 ITEMS FINAL CALCULATIONS & ENTRIES PARTS GROSS PARTS $ 1,882.26 OE SURPLUS PARTS OTHER PARTS $ 48.00 PAINT MATERIAL ADJUSTMENTS DISCOUNT MARKUP PARTS & MATERIAL TOTAL $ 1,930.26 LABOR RATE REPLACE HRS REPAIR HRS 1 -SHEET METAL $ 70.00 14.0 2.0 $ 1,120.00 2- MECH /ELEC $ 70.00 3 -FRAME $ 90.00 6.0 $ 540.00 4- REFINISH $ 70.00 5 -PAINT $ 55.00 LABOR TOTAL $ 1,660.00 SUBLET REPAIRS $ 400.00 TOWING STORAGE GROSS TOTAL $ 3,990.26 LESS: DEDUCTIBLE $ 2,500.00 - NET TOTAL $ 1,490.26 PXN No AUDATEX PENPRO W0412 E$ LOG190 -0 09 -21 -12 14:05:11 REL 4.12.30 DT 08/12 (C) 1993 - 2007 AUDATEX NORTH AMERICA, INC. -2- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson c=' "4 Sheriff -p 3 -r- oks i�, i �rx�atr � Z a Jody S Smith Deputy cr- r -<> c Richard W Stewart r—= Solicitor ;,Fv >C—) -10 2 =C:7 3C _ 7,7= C) -C Eastern Atlantic Insurance Company as subrogee of P&B Transportation, Case Number vs. Harsco Corporation 2014-442 SHERIFF'S RETURN OF SERVICE 01/28/2014 10:52 AM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Eurna Kpakiwy, HR Assistant, who accepted as"Adult Person in Charge"for Harsco Corporation at 350 Popl r Churc Road, Wormleysburg Borough, Camp Hill, PA 17011. r=..; W IA CLINE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, January 29, 2014 RONNR ANDERSON, SHERIFF LE0-01. F10E IN THE COURT OF COMMON PIIAT41E PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYMANIA. JO PH 2: 0 CUMBERLANUCOUNTY CIVIL DIVISIONPENNSYLVANIA- EASTERN ATLANTIC INSURANCE COMPANY, as subrogee of P&B Transportation, Plaintiff, No. 442 of 2014 Vs. HARSCO CORPORATION, Defendant. 1122422 3415.0050 PRAECIPE TO SETTLE AND DISCONTINUE Filed on behalf of Plaintiff, Eastern Atlantic Insurance Company, as subrogee of P&B Transportation Counsel of record for this party: SHARON Z. HALL, ESQUIRE Pa. I.D. 89600 ZIMMER KUNZ, PLLC 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 (412) 281-8000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EASTERN ATLANTIC INSURANCE CIVIL DIVISION COMPANY, as subrogee of P&B Transportation, Plaintiff, No. 442 of 2014 Vs. HARSCO CORPORATION, Defendant. PRAECIPE TO SETTLE AND DISCONTINUE TO: Cumberland County Prothontary PLEASE MARK the above-referenced matter settled and discontinued. Respectfully submitted, ZIMMER KUNZ, PLLC By: • 1122422 3415.0050 40°- AMP Sharolegi Esquire Counse aintiff 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 (412) 281-8000 CERTIFICATE OF SERVICE I hereby certify that I have this 25th day of April, 2014, served a true and correct copy of the foregoing Praecipe to Settle and Discontinue on the following via US first class mail: Beth E. Foland Senior Litigation Paralegal Harsco Corporation 350 Poplar Church Road Camp Hill, PA 17011 1122422 3415.0050 ZIMMER KUNZ, PLLC By. Counsel for Plaintiff 310 Grant Street, Suite 3000 Pittsburgh, PA 15219 (412) 281-8000