The URL can be used to link to this page

Home My WebLink About87-0034CUMBERLAND COUNTY, PENNSYLVANIA CIVIL A~TIO~-LAW NO.~ IN ASSIIMPSIT FRED S. JAMES & OD., INC. OF Plaintiff vs. SINO CICCHERTI, doing business as GINO CICCHE%TI, P.E. , Defendant WIDOFF, REAGER, SELKOWITZ & ADLER, P.C. ATTORNEYS AT LAW 129 STATE STREET HARRISBURG, PENNSYLVANIA 17101 (717) 234-1383 FRED S. JAMES & CO., INC. OF PENNSYLVANIA, Plaintiff VS. GINO CI CCHETT I, doing business as GINO CICCHETTI, P.E., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW NO. s IN ASSUMPSIT COMP LA INT WIDOFF, REAGER, SELKOWITZ & ADLER, P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 (717) 234-1383 Plaintiff, Fred S. James & Co., Inc. of Pennsylvania, by its undersigned counsel, Widoff, Reager, Selkowitz & Adler, P.C., hereby complains as follows: 1. Plaintiff is Fred S. James & Co., Inc. of Pennsyl- vania, a Pennsylvania corporation, with its principle office at 211 House Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Gino Cicchetti, doing business as Gino Cicchetti, P.E., at 1000 RIDC Plaza, Pittsburgh, Pennsylvania 15238. 3. Plaintiff has been providing Professional Liability Insurance for the Defendant under policy number AE0004555. 4. Defendant owed to Plaintiff a premium of $14,741.00 this policy on November 11, 1985. (See Invoice #47404, attached hereto as Exhibit "A"). 5. Plaintiff has repeatedly demanded payment of the balance of said account in the amount of $14,741.00. CUSTOMER NO. PAGE INVOICE DATE ~ CI4~1:30~ · OF I 11/I1/83 47404 GROSS PREMIUM GROSS ................. COMM. COMM. % I BROKERAGE ·. BRK. #1% BRK. #2 % NET COMMISSION PAYEE~o~ -- ~COI~.LINE. TR_ SERVICE REP 2 COMPANY REVENUE PC-- BROKER 681 227 CHETTI, P.E. CHAPEl.. ROAD AGENCY NAMEi FRED. S., ~AME~ & CO., INC. INSURANCE COMPANY POLICY TYPE ,:'~r'~r~.;'i-! ~NDEt"~NITY 1131 PROFESSIONAL LIABILITY r NAME INSURED POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE '] ~.iO C I<.'CHETT I, P.E. AE0~4~55 '~ * 10~05/85 10/03/8~ ~li~ll" PROFESSIONAL LIABILITY ' ";~'?~ ' 14, 741.00 'REMIUM FINAI~CED WITH TERMS: PREMIUMS ARE DUE AS OF THE TRANSACTION EFFECTIVE DATE OR UPON RECEIPT OF THIS INVOICE. FILE COPY TOTAL ~-- - 14, 741. O0 AMOUNT QINO CI~! 1260 FOX:' i:FOX ~CH in the Court of Common Pleas of ~u..,~e ..... d County, °ennsyivania No. 34 Civil Ter, 1987 Complaint in Assumpsit V S Gino Cicchetti doing business as Gino Cicchetti P.E. WILLIAM K. BECK, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Gino Cicchetti doing business as Gino Cicchetti P.E. ; but was unable to locate them in his bailiwick. He therefore deputized the sheriff of A] ]mgh~ny County, Pennsylvania, to serve the within CoInplaint in Ammumpm~k On June 1, 1987 attached return from Allegheny , this office was in receipt of the County, Pennsylvania. Sheriff's Costs: Docketing Service Surcharge Allegheny Co. Out of County 14.00 2.00 25.00 5'.00 46',;00 Pd. by Atty. Sworn and subscribed to before me 6-1-87 this ¢ day of ~, Prothono_ary So answers: WILLIAM K. BECK. Sheriff page 432 Fred S. James & Co., Inc. of Pa. Gino Cicchetti doing business as Gino Cicchetti P.E. No. 34 Civil .2 87 april 22 .Now. ....... did not serve 87 1:14 complaint o'doc~ P '~L :~*~ ~" Gino Cicchetti dba Gino Cicchetti P.E. 1000 'RIDC Plaza, PghPA NEI no longer at given address ----: '~ ~ 42v of :o 5f~ rAGE 5.00 S,E~LA R 0'BmEm. ~0m,Y ,U~~A~ 2. 00 ~ PITTSBURGH ALLEGHEN~ COUNTY / ~., uu~raISSlON EXPIRES MAY 16. 1988 Deputyr~~ ~ kllegh¢~ 18.00 ~ 25. O0 FRED S. JAMES & CO., INC. OF PENNSYLVANIA Plaintiff VS. GINO CICCHETTI doing business as GINO CICCHETTI, P.E. Defendant : IN THE COURT OF COMMON PLEAS : OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW No. 34 Civil 1987 IN ASSUMPSIT PRAECIPE TO RE-ISSUE TO THE PROTHONOTARY: Please re-issue the above-captioned complaint for the Sheriff's Office. The Defendant may be served at: Eugene S. Cicchetti 1260 Fox Chapel Road Fox Chapel Borough, PA 15238 WIDOFF, REAGER, SELKOWITZ LER, P.C. Dated: June 22, 1987 WIDOFF, REAGER, SELKOWITZ & ADLER, P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 (717) 234-1383 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Fred S James & Co., Inc. of Pennsylvania SHERIFF ' S RETURN In the Court of Common Pleas of Cumberland County, Pennsylvania No. 34 Civil i987 · Complaint in AssumPsit VS Gino Cicchetti doing business as Gino Cicchetti P.E. WILLIAM K. BECK, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry' ~Qr t~e withi~ p.~d defendant, to wit: ~lno ~lcc~eEtl them Gino Cicchetti doing business as f but was unable to locate in Allegheny his bailiwick. He therefore deputized the sheriff of Complaint in Assumpsit County, Pennsylvania, to serve the within On March 5, 1987 attached return from Allegheny , this office was in receipt of the County, Pennsylvania. Sheriff's Costs: 14.00 Docketing Service Out of County 5.00 Surcharge 2.00 Allegheny County 25.00 $ 46.00 pd. by Sworn and subscribed to before me this ~ day of~, arty 3-5-87 So answers: IAM K. BECK, Sher' page' 57 Fred S. James & Co., Inc. of Pa. ~. Gino Cicchetti doing business as' Gino Cicchetti P.E. Jan. 23 complaint in wi, N~ , ,, Gino Cicchetti 1000 RIDC Plaza, Pgh PA NEI deft. no longer at assumpsit 3:16 did not given address FRED S. JAMES & CO., INC. OF PENNSYLVANIA, Plaintiff GINO CICCHETTI, doing business as GINO CICCHETTI, P.E., Defendant : : IN THE COURT OF COMMON PLEAS : OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW NO. 34 Civil 1987 IN ASSUMPSIT PRAECIPE TO RE-ISSUE Sheriff's Office. TO THE PROTHONOTARY: Please re-issue the above-captioned complaint for the The Defendant may be served at: Eugene S. Cicchetti 1260 Fox Chapel Road Fox Chapel Borough, PA 15238 $75.00 in advance costs are tendered herewith for the Sheriff. WIDOFF, REAGER, SELKOWITZ & ADLER, P.C. Dated: April 7, 1987 WtDOFF, REAGER, SELKOWITZ & ADLER, P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 (717) 234-1383 FRED S. JAMES & CO., INC. OF PENNSYLVANIA, Plaintiff VS. GINO CICCHETTI doing business as GINO CICCHETTI, P.E., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW NO. 34 Civil 1987 IN ASSUMPSIT PRAECIPE TO RE-ISSUE TO THE PROTHONOTARY: Please re-issue the above-captioned complaint for the Sheriff's Office. The Defendant may be served at: Eugene S. Cicchetti 1260 Fox Chapel Road Fox Chapel Borough, PA 15238 WIDOFF, RE~' By: David W. Reager, Esquire 127 State Street Harrisburg, PA 17101 (717) 234-1383 Attorney for Plaintiff WIDOFF, REAGER, SELKOWITZ & ADLER, P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 (717) 234-1383 COP~IO""C~EALTH OF =" ~ ' P-:~NSY LVP~IA COUNTY OF CL~.~ERL424D Fred S. James & Co., Inc.of Pennsylvania vs Gino Cicchetti doing business as Gino Cicchetti P.E. In the Court cf Common Pieas of Cumberland County, Pennsylvania No. 34 oivtl 19~7 Complaint in Assumpsit reinstated WILLIAM K. BECK, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Gino Cicchetti doing business as Gino Cicchetti P.E. _,' but was unable to locate them in his bailiwick. He therefore deputized the sheriff of Allegheny County, Pennsylvania, to serve the within Complaint in Assumpsit reinstated On September 18, 1987 attached return from Allegheny _, this office was in receipt of the .County, Pennsylvania. Sheriff's Costs: Docketing Service Aliegehny County 52.00.pd. by atty 10-2-87 Sworn and subscribed to before me this ~ day of ~~ So answers: ILLIAM K. BECK, She~f page ?69 ?,he C.~u~. m:. C.~rhmcn PIec:s c~ Cumber]=nd Ccunty, Fred S, James & Co.~ /nc of Pa. VS. ' P~nnsylvc:n~c: Gino Cicchetti doing bUsiness as Gino Cicchet~i P.E. SERVE Eugene S. Cicchetti .~o. ~ - June 24 - Ig--~87 I, $1~.~n-? OF CL~~~ C0%~, ~.~ do july 17 complaint Gino Cicc'hetti 87 ,,: 9:10 did not : ~-,~./ 1260 Fox Chapel Rd. Fox Chape__~l, PA -'-------' NEI ATTEMPTS MADE DEFT. NEVER MIGHT BE AVOIDING SERVICE page 936 Tn.e. C~ur'i- ¢{ Cc, mm -' c:n i-'ie:s o'{ Cum~er{c:~d C~u~ty, Pennsyfvc:ni(: Fred S. James & Co., Inc. of Pennsylvania Gino Cicchetti doing business as Gino Cicchetti P.E. Serve Eugene S. Cicchetti Xo. _ AUgUst 6 34 Now, ~4 ,~ 87 8:00 ' Eugene ~. Cicchet · 1260 Fox C~ NO ONE ANSWERS DOOR cost pd 26.00 did not serve Deputy $tt£1l~ R 0'8R1£1~ ~fOTARy P/II'BURGH ,, --'-'- PUBLIC ~ · "[LiGHENY COUNTy -~ '~;Y COUu,S~IO~ ~ U~y 16 /,/ ghe~ / C:~u:=y, p= FRED S. JAMES & CO., INC. OF PENNSYLVANIA, Plaintiff vs. GINO CI CCHETTI, doing business as GINO CICCHETT~, P.E., Defendant · ' IN THE COURT OF COMMON PLEAS " OF · 'CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION--LAW IN ASS'UMPSIT WIDOFF. REAGER, SELKOWITZ & ADLER, P.C. ATTORNEYS AT LAW 127 STATE STREET [RRISBURGo PENNSYLVANIA 17t01 17171 234-1383 COMPLAINT Plaintiff, Fred S. James & Co., Inc. of Pennsylvania, by its undersigned counsel, Widoff, Reager, Selkowitz & Adler, P.C., hereby complains as follows: 1. Plaintiff is Fred S. James & Co., Inc. of Pennsyl- vania, a Pennsylvania corporation, with its principle office at 211 House Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Gino Cicchetti, doing business as Gino Cicchetti, P.E., at 1000 RIDC Plaza, Pittsburgh, Pennsylvania 15238. 3. Plaintiff has been providing Professional L~ability Insurance for the Defendant under policy number AE0004555. 4. Defendant owed to Plaintiff a premium of $14,741.00 on this policy on November 11, 1985. (See Invoice #47404, attached hereto as Exhibit "A"). 5. Plaintiff has repeatedly demanded payment of the balance of said account in the amount of $14,741.00. 6. On or about August 12, 1986 Defendant was sent an invoice reflecting a cancellation of policy credit in the amount of $3,228.00, leaving a balance due of $11,513.00. (See Invoice #64018~ attached hereto as Exhibit "B"). 7. The amount of $11,513.00 plus interest from August 12, 1986 is due Plaintiff from Defendant and demand for payment is hereby made. WHEREFORE, Plaintiff requests judgment against Defendant in the amount of $11,513.00 plus interest and costs and such other relief as this Court deems appropriate. Respectfully submitted, WIDOFF, REAGER, SELKOWI~& ADLER, P.C. David W. Reager, Esquire 127 State Street Harrisburg, PA 17101 (717) 234-1383 Attorney for Plaintiff WIDOFF, REAGER, SELKOWITZ &ADLER. P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 1717) 234-1383 Dated: COPY FRO~;'i RECORD -2- VERIFICATION The undersigned verifies that the averments contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Wayne S. Modntz WIDOFF, REAGER, SELKOWlTZ & ADLER, P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 (717) 234-1383 · '"" L CUsT'OMER NO. PAGE INVOICE DATE ~ [ -C145130~ · OF I 11/11/89 47-~04 GROSS PREMIUM GROSS COMM. COMM. % BROKERAGE ~. BRK. #1% BRK. #2 % NET COMMISSION PAYEE LINE TR: ..................... ~0, _ .CODE 13238 COMPANY REVENUE PC- 681 227 S VI EP--1 SERVICE REP 2 ' {'.~I EIti',.:HETTI, P.E. I-.':0 F.~.?' CHAPEL. RO,AD~ f: }'" CfI,~r'EL BEIr{O,'PA Ai~ENCY NAMEi 04.0 BROKER FRED. S. ,JAME~ ~ CO., INC. -1 INSURANCE COMPANY POLICY TYPE ~:/,;E~frj'l'l INDEtiNITY 1131 PROFESSION/~L LIABILITY NAME INSURED POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE '"It,ICI C, ICCHETTI, P.E. AE0004935 ' 10/03/83 10/03/86 PROFESSIONAL LIABILITY' '' , ,;' "'" 14, 741.00 'REMIUll FINAIICED WITH AFCO ': TERMS: PREMIUMS ARE DUE AS OF THE TR~SACTION EFFECTIVE DAlE OR TOTAL , -- UPON RECEIPT OF THIS INVOICE. FiLECOPY' ' AMOUNT ~ ' 14, 7~1 O0 ~ ~6o' Fox~!~Cl ' ~o~. V~.li¥^ LkSNN3d ~~I~OTHONOTA R \~. FRED S. JAMEs & CO. /NC OF PENNSYLVANIA, ' · Pl'aintiff vs. G/NO CICCHETTi, dOing business as G/NO CICCHETTi, P.E. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVAN. : : CIVIL ACTION · ' - LAW No. 34 Civil 1987 IN ASSUMPSIT TO THE PROTHONOTARY: PRAEcIPE TO RE-ISSUE Please re-issue the above-captioned Complaint for Service by Our private investigator. The Defendant may be served at: Eugene S. Cicchetti 1260 Fox Chapel Road Fox Chapel Borough, PA 15238 WIDOFF, REAGER, SELKOWITZ & ADLER, P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 (717) 234-1383 WIDOFF~GER SELl DAVID W. REAGER, Et 127 State Street Harrisburg, PA /7173 ADLER, PC 17101 234-1383 Attorney for Plaintiff OCT 16 q oe I:'H '87 COh~O~'~a~E-iLTM OF PENNSYLV~2~IA COUNTY OF CL~ERLq_'~D Fred S. James & Co., Inc. of Pennsylvania vs Gino Cicchetti, doing business as Gino Cicchetti P.E. in the Court of Common Pleas of Cumberland County, Pennsylvania No. 34 Civil 1987 Reinstated Civil Action Law Complaint WILLIAM K. BECK, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant to wit: Gino Cicchetti, doing business as Gino Cicchetti ' ,' but was unable to locate him his bailiwick. He therefore deputized the sheriff of Allegheny in County, Pennsylvania, to serve the within Reinstated Civil Action Law Complaint On November 25, 1987 attached return from~ ., this office was in receipt of the ~ounty, Pennsylvania. Sheriff's Costs: Docketing Service 74.00 Surcharge 2.00 Out of County 5.00 Allegheny County 25.00 Sworn and subscrib~-$~ ~d. by · ' -0 ~0 ~ezore me 19_~__, A.D. So answers: atty I1-25-87 Fred S.James · Gino. C~cchett October 28 & Co., Inc. Oc Pennsylv~nJ~ i, doing business as Gino Cicchetti, P.E. ~o. 34 Civil ~,.87 WIDOFF, REAGER, SELKOWITZ & ADLER, P.C. ATTORNEYS AT LAW P- O. BOX~OX 47 HARRISBURG, PA. 17105, (717) 234-1383 FRED S. JAMES & CO., INC. OF PENNSYLVANIA, Piaintiff VS. GINO CICCHETTI, doing business as GINO CICCHETTI, P.E., Defendant · ' IN THE COURT OF CO~MON PLE. · ' OF : CUMBERLAND COUNTY, PENNSYLV~ CIVIL ACTION--LAW IN ASSUMPSIT COMPLAINT WlDOFFo REAGER, SELKOWITZ & ADLER. P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 ~717) 234~1383 Piaintiff, Fred S. James & Co., Inc. of Pennsylvania, b} its undersigned counsel, Widoff, Reager, Selkowitz & Adler, P.C., hereby complains as follows: 1. Plaintiff is Fred S. James & Co., Inc. of Pennsyl- vania, a Pennsylvania corporation, with its principle office 211 House Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Gino Cicchetti, doing business as Gino Cicchetti, P.E., at 1000 RIDC Plaza, Pittsburgh, Pennsylvania 15238. ~'3. Plaintiff has been providing Professional Liability Insurance for the Defendant under policy number AE0004555. 4. Defendant owed to Plaintiff a premium of $14,741.00 this policy on November 11, 1985. (See Invoice #47404, attached hereto as Exhibit "A"). 5. Plaintiff has repeatedly demanded payment of the balance of said account in the amount of $14,741.00. 6. On or about August 12, 1986 Defendant was sent an Invoice reflecting a cancellation of policy credit In the amount of $3,228.00, leaving a balance due of $11,513.00. (~ Invoice #64018, attached hereto as Exhibit "B"). 7. The amount of $11,513.00 plus interest from August 1 1986 is due Plaintiff from Defendant and demand for payment i hereby made. WHEREFORE, Plaintiff requests judgment against Defendant in the amount of $11,513.00 plus interest and costs and such other relief as this Court deems appropriate. Respectfully submitted, David W. Reager, E~squire 127 State Street Harrisburg, PA 17101 (717) 234-1383 Attorney for Plaintiff WIDOFF, REAGER, SELKOWITZ &ADLER, P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 (7171234-1383 TRUE COPY FROM RECORD II~ Tcs,im,w.er I h t_no sut my hand This ~ , . ~ -2- VERIFICATION The undersigned verifies that the averments contained her~ are true and correct. The undersigned understands that fals( statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. J )' ~., ...,~5x ./ ' ,," /,"//,L ' ,.." · Wayne ~. Mod~tz WIDOFF. REAGER, SELKOWITZ & ADLER. P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 ¢717! 234-1383 SERVICE REP 2 ,r,q? CHAPEL lAPEL ii'." ,; INSURANCE COMPANY FRED. S. ,J/~ME..~ ~.~ CO. Il,lC. POL~ '"It,tO ClCCHE¥1'I, p. ~. AEOOO4B35 DROFESSION^L LIABILITY 'REtllUI1 FIN/~I~CED WITH AFCO TERMS: PREMIUMS ARE DUE AS OF THE TRANSACTION EFFECTIVE UPON RECEIPT OF THIS INVO CE DATE OR 'J--------- FILE COPY" · TOTAL AMOUNT · 14, 7411 O0 · Ii I L. · .~'-, , ~---- 14,741.00 RECEIPT, FRED S. JAMES & CO., INC. OF PENNSYLVANIA, Plaintiff VS. GINO CICCHETTI, doing business as GINO CICCHETTI, P.E., Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY,PENNSYLVANIA : IN ASSUMPSIT CIVIL ACTION - LAW NO. 34 CIVIL 1987 PRAECIPE TO RE-ISSUE TO THE PROTHONOTARY: Please re-issue the above-captioned Complaint for service by our private investigator. By: WIDOFF REAGER SELK ?~TTZ DAVID W. REAGER, ~SQUIRE 127 State Street Harrisburg, PA 17101 (717) 234-1383 & ADLER, PC Attorney for Plaintiff Dated: December 29, 1987 WIDOFF, REAGER, SELKOWITZ & ADLER, P.C, ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 17101 (717) 234~1383 FRED S. JAHES & CO., INC. OF PENNSYLVANIA, Plaintiff VS. GINO CICCHETTI, doing business as GINO CICCHETTI, P.E., Defendant :IN THE COURT OF COMMON PLEAS · OF :CUMBERLAND COUNTY,PENNSYLVANiA CIVIL ACTION _ LAW NO. 34 CIVIL 1987 IN ASSUMPSIT PRAECIPE TO RE-ISSUF TO THE PROTHONOTARY: Please re-issue the above-captioned Complaint for service by our private investigator. Dated: By: WIDOFF REAGER SELK~TZ & ~-DAVID W. REAGER, SQUIRE- 127 State Street Harrisburg, PA 17101 (717) 234-1383 Attorney for Plaintiff December 29, 1987 ADLER, PC WIDOFF, REAGER, SELKOWITZ & ADLER, P.C. ATTORNEYS AT LAW 127 STATE STREET HARRISBURG, PENNSYLVANIA 97101 {7] 7} 234-1383 ClCCHETTI IXNO CZCCHETTZ~ P.E. Reply to: P. O. Box 111332 Pittsburgh, PA 12 February 1988 15238 Court of Common Pleas of Cumberland County Carlisle, PA 17013 RE: Fred S. James & Co., Inc. VS. Gino Cicchetti, P.E. Enclosed herewith is the defendant's answer to the complaint filed by the plaintiff in the above,captioned case. Due to circumstances beyond my control, I will be unable to appear in person at any hearings held in this matter and will not be represented by legal counsel. Please direct any correspondence in this action to the address indicated above. Respectfully submitted, ~-f~ ~zcchett! - en~osures cc: D. W. Reager, Esquire FRED S. JAMES & CO. INC. OF PENNSYLVANIA, ' Plaintiff VS. GINO CICCHETTI, d/b/a GINO CICCHETTI, P.E., Defendant IN THE COURT OF CO~{MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action--Law No. 34 Civil S 1987 IN ASSUMPSIT ~ESPONSE Defendant, gino Cicchetti, of Pennsylvania, pro se, hereby responds as follows: Defendant agrees, to the best of his knowledge. Defendant does not agree. Defendant is no longer in private practice. Defendant denies. The defendant was required by contract to secure a $1,000,000 professional liability policy. The plaintiff was aware of this requirement and upon the defendant,s request to renew an existing $1,$00,000 professional liability policy, the plaintiff unilaterally chose to iSSue a policy for $250,000 of coverage; stating to the defendant that no coverage for $1,000,000 was available in the market; although they would continue to work toward obtaining same. 4. Defendant denies. No premiums were paid on the $250,000 liability policy fPolicy #AE0004SS$) due to the fact that the plaintiff was informed on several occasions, Commencing with the request for renewal, that the contract in force specifically required the defendant to'produce not less than $1M professional liability coverage. The defendant was led to believe from the outset of the renewal transaction that a SiM policy would be obtained and provided by the plaintiff. It was not until April of 1986 that the Flaintiff informed the defendant that such a policy was not available in the current market. 5. Defendant agrees that the request for payment was made. However, defendant would not accept the $250,000 policy in lieu of SiM requested. In April of 1986, in order to satisfy the plaintiff's requests for payment, the defendant suggested that plaintiff contact the defendant's client in Buffalo, NY to inform them that a SiM policy would not be available from any source to their knowledge. The defendant would then agree to make payment of the indebtedness if this $250,000 policy would satisfy defendant,~ contractual obligation. The City of Buffalo did not acquiesce to the submission of the reduced coverage. If the original policy (Policy #AE0002884) had been renewed as requested, in the amount of $1.5~{ or even a SIM minimum, the defendant would have been permitted to make assignment from the monies due him as provided in an article of his contract for payment of job-related expenses. 6. Defendant admits that the invoice with credit was received. 7. Defendant denies. Defendant feels that the trickery used by the plaintiff prevented defendant from receiving $227,000 of professional fees accrued in attempting to foist a lesser policy and defendant lost future contracts. NEW ~IATTER Plaintiff continually informed the defendant that the market for structural engineers, professional liability insurance would not exceed $100,000 coverage and that the $250,000 policy acquired by the plaintiff was obtained on the strength of the defendant,s reputation. Defendant felt that the plaintiff was Sincere in their efforts to acquire at least a SIM policy and did not feel, at first, that the aforementioned statement was purely flattery. In August of 1986, after receiving the cancellation notice, the defendant began making independent inquiries of the pro- fessional liability market and found that one of the oldest and most reputable firms in the Washington, D.C. area, the firm of Victor O. Schinnerer, underwritten by CNA Insurance Company, would in fact provide an engineer,s professional liability policy in the amount of ~IM {san flattery). (See Exhibits 1 and 1^~) The plaintiff,s comporture and disregard for the defendant,s predicament, in order for them to line their own pockets, has caused irreparable damage to the defendant,s personal and professional well-being. To the best of my knowledge, all facts stated herein are true and correct. February 11, 1988 Gl~J Cicchetti Mav & Nett otu , P.O. BOX 316, MT. NEBO I~OAD JUST OFF 1-79 SEWICKLEY. PENNSYLVANIA 15143-03 ! 6 (412) August 19, 1986 Gino Ciccetti, p. E. 1260 Fox Chapel Road Pittsburgh, Pennsylvania 15238 RE: PROFESSIONAL LIABILITy Dear Gino: HEB/pls In accordance with our previous conversations enclosed is the binder for the above captioned policy. , Please note that premium must be received by Victor O. Schinnerer no later than August 29, 1986. In order to accomplish we will need your down payment in the amount of $14,954.OO payable to t~/;~ no later than August 27, 1986. Thank you for this opportunity to be of service. Should you have any questions concerning the enclosed, please do not hesitate to contact us. Yours very truly, MARTIN & NETTROUR, INC. Ha~r~~Babinger Vice President Enclosures CONFIRMATION OF INS URANcE To: Mr; Harry Babinffer Martin & Nettrour, Inc, No.- 86-06-66-05 P.O. Box 316 Mt. Nebo Road August 18, 1986 Sewickley, PA 15143-0316 (DateJ We confirm that acting upon your instructions and for your account we have procured insurance, ject to all of the terms and conditions hereinafter state(], from the Insurer(s] listed, below, as follows: INSURED: Gino Cicchetti, P.E. P. O. ADDRESS: 1260 Fox Chapel Road, Pittsburgh, PA 15238 COVERAGE: Architects & Engineers Professional Liability (SEE OVERLEAF) LIMIT OR AMOUNT: $1,000,000 each claim and in the aggregate subject to a Deductible of $5,000 applying to defense costs and damages on all claims. PREMIUM: $59,816 Flat Annual - Net Premium must be reeeived by Vietor O: Sehinnerer no later than _AAuffust 29~ 198_66 or the Binder will automatieally be terminated. TERM OF INSURANCE: One Year INSURER(S]: Continental Casualty Company (Assigned Policy # AAE 4313698) EFFECTIVE DATE: August 15, 1986 CANCELLATION: This insurance may be cance'.led on 5 days notice by either the Insured or the Insurer(s] through us. Notice of cancellation shall be deemed given by the Insurer(s] when given by us to the Insured or its representative and shall be deemed 8ivan to the Insurer(s] when ~iven to us by the Insured or its representative, In the event of cancellation of this insurance, the Insurer[s] shall be entitled to the premium earned on a short rate basis if cancelled by the Insured and a pro rata basis if cancelled by the Insurer(s). This insurance is subject to all of the terms and conditions of the Cover Note, Certificate of Insurance and/or Policy which may be issued. This confirmation shall be aurora Ically terrainated and voided by delivery of the Cover Note, Certificate of Insurance or Policy to t~e~sured ~/ts~/re~entative. os VICE PRESIDENT SS E 100 (Rev. $17~)