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HomeMy WebLinkAbout14-1618 Supreme Co nnsylvania Con o leas For Prothonotary Use Only: Docket No: Cu County - I(�18 �iVi ITerm � z'' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons ® Petition © Transfer from Another Jurisdiction ® Declaration of Taking E° Lead Plaintiff's Name: Lead Defendant's Name: C James C. Bartoli, Inc. Clines Refrigeration Service T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? 0 Yes © No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? E3 Yes 0 No A Name of Plaintiff/Appellant's Attorney: Michael S. Munger 0 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. Ifyou 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies ® Malicious Prosecution [3 Debt Collection: Credit Card 0 Board of Assessment ® Motor Vehicle © Debt Collection: Other 0 Board of Elections ® Nuisance Q Dept. of Transportation ® Premises Liability ll Statutory Appeal: Other S 0 Product Liability (does not include ® Employment Dispute: E mass tort) Slander/Libel/ Defamation Discrimination C 0 Other: ® Employment Dispute: Other Q Zoning Board T Property Damage ® Other: I ' ® Other: O MASS TORT 0 Asbestos N ® Tobacco ® Toxic Tort - DES © Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: [3 Ejectment [] Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment 0 Ground Rent Mandamus ® Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ® Mortgage Foreclosure: Commercial Quo Warranto 0 Dental ® Partition Replevin ® Legal ® Quiet Title © Other: ® Medical [3 Other: 0 Other Professional: Updated 111/2011 c�- NELSON LEVINE de LUCA & HAMILTON ATTORNEYS FOR PLAID ZZ t BY: MICHAEL S. MUNGER, ESQUIRE .&- IDENTIFICATION NO.: 71318 u v 518 TOWNSHIP LINE ROAD, SUITE 300 = ° C' c-' BLUE BELL, PA 19422 y 215- 358 -5100 CD r.) c; JAMES C. BARTOLI, INC. 200 S. BEDFORD STREET COURT OF COMMON PLEAS OF CARLISLE, PA 17013 -3451 CUMBERLAND COUNTY, PA Plaintiff(s) V. CIVIL ACTION NO.: 14- I (p I S CLINES REFRIGERATION SERVICE 935 MOUNT TABOR ROAD GARDNERS, PA 17324 JURY TRIAL DEMANDED Defendant(s) 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 (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 or any other claim or relief requested by the plaintiff. You may lose money or property 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. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street 9 Carlisle, PA 17013 PO (717)249 -3166 or 1- 800 - 990 -9108 (PA only) �� �� 3©3 cO s NELSON LEVINE de LUCA & HAMILTON ATTORNEYS FOR PLAINTIFF BY: MICHAEL S. MUNGER, ESQUIRE IDENTIFICATION NO.: 71318 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 215- 358 -5100 JAMES C. BARTOLI, INC. 200 S. BEDFORD STREET COURT OF COMMON PLEAS OF CARLISLE, PA 17013 -3451 CUMBERLAND COUNTY, PA Plaintiff(s) V. CIVIL ACTION NO.: CLINES REFRIGERATION SERVICE 935 MOUNT TABOR ROAD GARDNERS, PA 17324 JURY TRIAL DEMANDED Defendant(s) COMPLAINT Plaintiff, James C. Bartoli, Inc., by and through its undersigned counsel, hereby demands judgment against Defendant, and complains against them as follows: PARTIES 1. Plaintiff, James C. Bartoli, Inc. (hereinafter "Plaintiff" or "Bartoli ") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 200 S. Bedford Street, Carlisle, Pennsylvania, 17013 -3451 (hereinafter "subject property"). Defendant, Clines Refrigeration Service (hereinafter "Defendant" or "Clines "), is a corporation existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 935 Mount Tabor Road, Gardners, Pennsylvania, 17324, which, at all times relevant hereto, was engaged in the business of, inter alia, refrigeration repair. STATEMENT OF FACTS 2. On or before February 9, 2013, Plaintiff contracted with. Defendant to perform repairs to coolers located at the subject property. 3. On or before February 9, 2013, a fire occurred at the subject property. 4. The cause of the fire was the improper use of a torch by the Defendant while repairing the cooler at the subject property. 5. The fire, which resulted in damage to Plaintiff's real and personal property in an amount in excess of $400,000.00, was directly and proximately caused by Defendant as is further and more fully described below. COUNT I — NEGLIGENCE 6. Plaintiff incorporates by reference the preceding averments as though set forth at length herein. 7. The aforementioned damages were the direct and proximate result of the negligence, carelessness, recklessness, and/or other unlawful conduct of Defendant, by and through its employees, agents, technicians, vendors, subcontractors, and/or servants, more specifically described as follows: a. failing to exercise reasonable care in the performance of duties in the use and/or permitting the use of a torch for the repair of a cooler at the subject property, including, but not limited to, negligently performing the following: i. failing to competently use a torch for the repair of a cooler at the subject property in a safe and appropriate manner; ii. failing to properly detect the placement of flammable material(s) in the area where the torch was used; iii. failing to ensure that proper techniques were employed, and applicable safety procedures followed, as to the use of a torch for the repair of a cooler at the subject property; iv. operating in an unsafe manner at and around flammable material(s); V. failing to adequately monitor, instruct, supervise, warn and/or train its agents, servants, employees and/or subcontractors to competently use a torch for the repair of a cooler at the subject property in a safe and appropriate manner; vi. failing to adequately monitor, instruct, supervise, warn and/or train its agents, servants, employees and/or subcontractors to properly detect the placement of flammable material(s) in the area where the torch was used; vii. failing to adequately monitor, instruct, supervise, warn and/or train its agents, servants, employees and/or subcontractors to ensure that proper techniques were employed, and applicable safety procedures followed, as to the use of a torch for the repair of a cooler at the subject property; and/or viii. failing to adequately monitor, instruct, supervise, warn and/or train its agents, servants, employees and/or subcontractors from operating in an unsafe manner at and around flammable material(s). b. failing to adequately instruct, supervise and/or train servants, employees, subcontractors and agents as to the proper ways to perform the tasks set forth in subparagraph (a); C. failing to adequately warn Plaintiff and others of the dangers and hazardous conditions resulting from the conduct set forth in subparagraph (a) above; d. failing to provide, establish, and/or follow proper and adequate controls so as to ensure the proper performance of the tasks set forth in subparagraph (a) above; e. failing to retain competent, qualified and/or able agents, employees, subcontractors or servants to perform the tasks set forth in subparagraph (a) above; and/or f. failing to perform the tasks set forth in subparagraph (a) above in conformity with the prevailing industry and governmental specifications and standards. 8. As a direct and proximate result of such conduct, Plaintiff sustained and incurred damage to its real and personal property in an amount in excess of $400,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant in an amount in excess of $400,000.00, plus costs incident to this suit, delay damages, attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT II — BREACH OF CONTRACT 9. Plaintiff incorporates by reference the preceding averments as though set forth at length herein. 10. In causing the damage as alleged herein, Defendant breached the terms of its agreement with Plaintiff either as expressed or implied therein and/or according to law. 11. For its part, Plaintiff performed all of its obligations under the aforementioned agreement, as well as all conditions precedent to recovery on this count. 12. As a direct and proximate result of such breach, Plaintiff sustained and incurred damage to its real and personal property in an amount in excess of $400,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant in an amount in excess of $400,000.00, plus costs incident to this suit, delay damages, attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. COUNT III — BREACH of WARRANTIES 13. Plaintiff incorporates by reference the preceding averments as though set forth at length herein. 14. In conjunction with the repair of the cooler and in furtherance of the aforementioned services performed, Defendant had impliedly warranted that all work performed would be done in a reasonably workman -like manner, and/or with quality workmanship. 15. Based upon the aforementioned improper conduct on the part of Defendant, personally and through servants, employees, subcontractors and/or agents as set forth above, Defendant breached these warranties. 16. Plaintiff has performed all conditions precedent to recover based upon such breaches. 17. As a direct and proximate result of such breach(es), Plaintiff sustained and incurred damage to its real and personal property in an amount in excess of $400,000.00. WHEREFORE, Plaintiff respectfully requests judgment against Defendant in an amount in excess of $400,000.00, plus costs incident to this suit, delay damages, attorney fees, and for such other relief as this Honorable Court shall deem appropriate under the circumstances. NELSON LEVINE de LUCA & HAMILTON, LLC By: MI HAEL S. MUNGER, ESQUIRE ATTORNEYS FOR PLAINTIFF VERIFICATION cis ui em tte, hereby states that he is a duly authorized representative of Erie Insurance Exchange, the real party in interest in the above action, and that the facts contained in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. He understands that the statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 concerning falsification to authorities. cis ui emette DATED: 7 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F:LED-OFFicE 0- THE pROTHONOTARY 20R APR P11 3: | - -� '.. _ � CUMBERLAND COUNTY PENNSYLVANIA James Bartoij, Inc. vs. Clines Refrigeration Service Case Number 2014-1618 SHERIFF'S RN OF SERVICE 03/21/2014 Sheriff Ronny R Ande being duly sworn according to Iaw, states he made diligent search and inquiry for the within named Defendant to wit: Clines Refrigeration Service, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Adams, Pennsylvania to serve the within Complaint & Notice according to Iaw. 04/11/2014 09:17 AM - The requested Complaint & Notice served by the Sheriff of Adams County upon Ronald Cline, Dwner, who accepted for Clines Refrigeration Service, at 935 Mount Tabor Road, Gandners, PA 17324. James W. MulIer, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, April 15, 2014 (c) CourffySurte Sheriff, Tdeosoff, RONNYR ANDERSON, SHERIFF James W. Muller Sheriff SHERIFF'S OFFICE OF ADAMS COUNTY 5 Bernard A. Yannetti, Jr. Solicitor Len J. Supenski Kevin E. Miller Chief Deputy Lieutenant JAMES BARTOLI, INC. vs. CLINES REFRIGERATION SERVICES Case Number 2014 -1618 SHERIFF'S RETURN OF SERVICE 04/11/20`:4 00:17 AM - Sergeant Jason Kirkner, being duly sworn according to law, deposes and says, that the requettted Complaint & Notice was served by handing a true copy to a person representing themselves to be RONALD CLINE, Owner, who accepted as "Adult Person in Charge" for CLINES REFRIGERATION SERVICES at the Adams County Sheriffs Office, 117 Baltimore Street Room 4, Gettysburg, PA 17325. RiA7e.e_. ER KNER JfON KI , SERGEANT SHERIFF COST: $32.56 SO ANSWERS, April 11, 2014 JAMES W. MULLER, SHERIFF COSTS DATE CATEGORY MEMO CHK # DEBIT CREDIT 03/25/2014 Advance Fee Advance Fee 3426 $0.00 $150.00 03/25/2014 Docket & Return $9.00 $0.00 03/25/2014 Sr I ik $9.00 $0.00 04/11/2014 Miieage $14.56 $0.00 04/11/2014 Refund 2217 $117.44 $0.00 NOTARY Affirmed and subscribed to before me this 11TH day of APRIL 2014 $150.00 $150.00 BALANCE: $0.00 r,c) Ccun fySuit ..tiff. 7seosof: Inc IN THE COURT OF COMMON PLEASE OF ADAMS COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NUMBER: c;70),-/- 11.1 ACCEPTANCE OF SERVICE Ro ► a s- CUr accept service of the C ON BEHALF OF C1; ,.$ Pc 5e- AUTHORIZED TO DO SO. and certify that I am (Sign) (Print) Old (Relationship to Defendant) /4 i4 f; , 1/ (Physical Address 4//7//// (Da(e) (Mailing Address if Different) de LUCA LEVINE BY: MICHAEL S. MUNGER, ESQUIRE IDENTIFICATION NO.: 71318 THREE VALLEY SQUARE, SUITE 200 BLUE BELL, PA 19422 215-389-0081 JAMES C. BARTOLI, INC. 200 S. BEDFORD STREET CARLISLE, PA 17013-3451 Plaintiff(s) v. CLINES REFRIGERATION SERVICE 935 MOUNT TABOR ROAD GARDNERS, PA 17324 Defendant(s) ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION NO. 2014-1618 .-3 PRAECIPE TO SETTLE DISCONTINUE AND END Kindly mark the above -captioned matter Settled, Discontinued and Ended. de LUCA LEVINE BY: Dated: It(1/11 r- 5d,„ MICHAEL S. MUNGER, ESQUIRE ATTORNEY FOR PLAINTIFF CO de LUCA LEVINE BY: MICHAEL S. MUNGER, ESQUIRE IDENTIFICATION NO.: 71318 THREE VALLEY SQUARE, SUITE 200 BLUE BELL, PA 19422 215-389-0081 JAMES C. BARTOLI, INC. 200 S. BEDFORD STREET CARLISLE, PA 17013-3451 Plaintiff(s) v. CLINES REFRIGERATION SERVICE 935 MOUNT TABOR ROAD GARDNERS, PA 17324 Defendant(s) ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION NO.: 2014-1618 CERTIFICATE OF SERVICE I, Michael S. Munger, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe to Settle Discontinue and End was served on November 7, 2014, upon the below listed counsel by United States Mail, postage prepaid. Dated: November 7, 2014. John J. Mooney, III, Esquire Mooney & Associates 230 York Street Hanover, Pennsylvania 17331 de LUCA LEVINE BY: MICHAEL S.'M GER, ESQUIRE ATTORNEY FOR PLAINTIFF