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Home My WebLink About95-00779 'V'J 1..0,' "~, , "'JJ""7. (t>"': \1'_, ?F_;~' ;, ~ ;->i, ";" ,,' ,)'-., ",~, II::,; \lJ ,.:ts F(/_J, -):' ",.:,- - \1-' :.", :11 . ", ,\ H (, ... '. WHITE AND WILLIAMS By: Peter T. Parashes, , Esquire Identification No. 22436 One Liberty Place - suite 1800 1650 Market Street Philadelphia, PA 19103 (215) 864-7102 JAMES C. BARTOLI, INC" MARIO R, BARTOLI, t/a BARTOLI ICE, JAMES C. BARTOLI, t/a BARTOLI ICE and CATHERINE G. BARTOLI Plaintiffs, v, ENERGY SAVERS CONTRACTING, INC, ATTORNEYS FOR PLAINTIFFS COURT OF COMMON PLEAS OF CUMBERLAND COUNTY qj'- /79' C A;..t -J~~ Defendant, JURY TRIAL DEMANDED COMPLAINT NOTICE you have been oued in court. I f you wish to defend against the claims set forth in the following pages, you must take action within twenty 1201 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 aet forth against you. You are warned that it you fail to do 80 the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAln/OT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAlI GET LEGAL HELP. COURT ADMINISTRATOR CUmberlAnd County Courthou...4th Fl. C&rUlle, fA 110l) Telephonel 111.:40.6200 ;!007011S,WP5 AVISO 1.oe han dcmandado a uated en 1.11 corte. 51 uated quiera defenderse de eataa demandas expueatas en laa p4g1naa 81guientes, usted tiene veinte (201 dias de plazo al partir de 18 fecha de la demanda y la notificaci6n. Uace falta asentar una compareaencia oa6rita 0 en persona 0 con un abogado y entrogar a 1.11 corte '!n forma oacr! ta sus de tensas 0 sus objecionos alas demandas en contra de su persona. Sea avisado que s1 usted no se defiende, la corte tomar4 medidss y puede continuar 1.11 demanda en contra suya sin previa Aviso 0 notificaci6n. Adem's, 1a corte puede decidir a favor del demandante y requlere que usted cumpla con todas laB proviBiones de eata demanda. Usted puede perder dinero 0 sus propiedades u otroa derechoB improtantes para usted. LLEVE ESTA CEMAllDA A UN ABOOADO IHHEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DII/ERO SUFICIENTE DE PAGM TAL SERVICIO. VAYA Ell PERSONA 0 LLAME POR TELtFOllO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUM DONDE SE PUECE COllSEOUIR ASISTENCIA LEGAL, COURT ADMINISTRATOR Cumberland County Courthouse-4th Fl. CHl111e, fA 11011 Tel.tonol 111.~tO.t:OO WHITE AND WILLIAMS By: Peter T, parashes, Esquire Identification No,: 22436 One Liberty Place Suite 1800 1650 Market Street Philadelphia, PA 19103-7395 (215) 864-7102 ATTORNEYS FOR PLAINTIFFS JAMES C. BARTOLI, INC., MARIO R. BARTOLI, t/a BARTOLI ICE, JAMES C. BARTOLI, tla BARTOLI ICE and CATHERINE G, BARTOLI COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA Plaintiffs, v, ENERGY SAVERS CONTRACTING, INC, Defendant. JURY TRIAL DEMANDED COMPLAINT Plaintiffs, James C, Bartoli, Inc" Mario R, Bartoli, tla Bartoli, Ice, James C, Bartoli, tla Bartoli Ice and Catherine G. Bartoli, by way of complaint against the defendant, Energy Savers Contracting, Inc., hereby state: 1. Plaintiff, James C. Bartoli, Inc. ("James Bartoli") is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, which at all times pertinent hereto maintained a place of business at 325 South Cemetery Avenue, Carlisle, Pennsylvania 17013. 2, Plaintiff, Mario R, Bartoli, tla Bartoli Ice, ("Mario Bartoli Ice") is an individual who at all times pertinent hereto ;lOO1li8Cl.HP5 maintained a place of business at 325 South Cemetery Avenue, Carlisle, Pennsylvania 17013, 3. Plaintiff, James C. Bartoli, tla Bartoli Ice ("James Bartoli Ice") is an individual who at all times pertinent hereto maintained a place of business at 325 S, Cemetery Avenue, Carlisle, Pa. 17013, 4. Plaintiff, Catherine G. Bartoli is an individual who at all times pertinent hereto maintained a residence of 413 Arch Street, Carlisle, Pennsylvania 17013, 5, Defendant, Energy Savers Contracting, Inc, ("Energy Savers") is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania and at all times pertinent hereto maintained a registered address of 12 Hamilton Road, Boiling Springs, PA 17007, 6. At all times pertinent hereto Catherine G. Bartoli was the owner of a building located at 325 South Cemetery Avenue, Carlisle, Pennsylvania 17013 ("subject building") . 7. At all times pertinent hereto James Bartoli was engaged i I i , in the wholesale seafood and produce business at the subject building. 8, At all times pertinent hereto Mario Bartoli Ice and James Bartoli Ice were engaged in the wholesale ice business at the subject building. 9, At all times pertinent hereto, Energy Savers was engaged in the roofing business and maintained a principle place of business at the subject building, ,OOl68Cl,WP5 (b) failing to maintain the 3,300 square foot space occupied by defendant at the subject building, in a secure and safe condition which defendant knew or reasonably should have known subjected plaintiff's propert.y to an unreasonable risk of harm; (c) storing and/or maintaining combustible and/or flammable substances at the subject building, which defendant knew or reasonably should have known subjected plaintiff's property and business to an unreasonable risk of harm; (d) creating and/or maintaining a hazardous environment at the subject building, in violation of recognized codes, standards, regulations, ordinances and/or statutes; (e) failing to store and/or maintain the aforesaid combustible and/or flammable substances in a proper and reasonable manner, which defendant knew or reasonably should have known subjected plaintiff's property and business to an unreasonable risk of harm; (f) failing to warn of conditions potentially hazardous to persons and/or property; (g) improperly warning of conditions potentially hazardous to persons and/or property; (h) failing to take reasonable and proper measures to extinguish the aforesaid fire; (i) failing to take reasonable and proper measures to protect plaintiff's property once the fire began; ~OO)68Cl.WP5 (j) failing to supervise, train and/or control its agents, servants, employees and/or representatives in connection with their activities involving the subject building; (k) improperly supervising, training, and/or controlling its agents, servants, employees and/or representatives, in connection with their activities involving the subject building; and (1) otherwise failing to use due care under the circumstances, 16. As a direct and proximate result of the negligence, carelessness, recklessness, gross negligence and other liability producing conduct on the part of the defendant, Energy Savers, by and through its agents, servants, employees and/or representatives, plaintiff's property suffered damage and destruction in an amount in excess of $20,000.00. WHEREFORE, plaintiff, James C. Bartoli, Inc., demands judgment against defendant, Energy Savers Contracting, Inc" for damages in an amount in excess of $20,000,00 together with \ interest, costs, reasonable attorneys' fees, delay damages, and any other relief that the court deems appropriate under the circumstances, ~QO)6BC).wrs COUNT II MARIO R. BARTOLI. T/A BARTOLI ICE VS. ENERGY SAVERS COWrRACTING. INC. NEGLIGENCE 17, Plaintiff incorporates by reference the averments of all prior paragraphs as though the same were set forth at length herein. lB. The fire which occurred on or about December 5, 1993 and the resulting damage to and destruction of plaintiff's property were caused by and resulted from the negligence, carelessness, recklessness, gross negligence, and other liability producing conduct of defendant Energy Savers by and through its agents, servants, employees, and/or representatives in: (a) failing to prevent the fire which occurred on or about December 5, 1993; (b) failing to maintain the 3,300 square foot space occupied by defendant at the subject building, in a secure and safe condition which defendant knew or reasonably should have known subjected plaintiff's property to an unreasonable risk of harm; (c) storing and/or maintaining combustible and/or flammable substances at the subject building, which defendant knew or reasonably should have known subjected plaintiff's property and business to an unreasonable risk of harm; (d) creating and/or maintaining a hazardous environment at the subject building, in violation of recognized codes, standards, regulations, ordinances and/or statutes; .OQJ68C).HPS (e) failing to store and/or miintain the aforesaid combustible and/or flammable substances in a proper and reasonable manner, which defendant knew or reasonably should have known subjected plaintiff's property and business to an unreasonable risk of harm; (f) failing to warn of conditions potentially hazardous to persons and/or property; (g) improperly warning of conditions potentially hazardous to persons and/or property; (h) failing to take reasonable and proper measures to extinguish the aforesaid fire; (i) failing to take reasonable and proper measures to protect plaintiff's property once the fire began; (j) failing to supervise, train and/or control its agents, servants, employees and/or representatives in connection with their activities involving the subject building; (k) improperly supervising, training, and/or controlling its agents, servants, employees and/or representatives, in connection with their activities involving the subject building; and (1) otherwise failing to use due care under the circumstances. 19, As a direct and proximate result of the negligence, carelessness, recklessness, gross negligence and other liability producing conduct on the part of the defendant, Energy Savers, by and through its agents, servants, employees and/or 200)68C),HP~ representatives, plaintiff/s property suffered damage and destruction in an amount in excess of $20/000,00, WHEREFORE, plaintiff, Mario R. Bartoli, t/a Bartoli Ice, demands judgment against defendant, Energy Savers Contracting, Inc., for damages in an amount in excess of $20/000,00 together with interest, costs/ reasonable attorneys' fees, delay damages, and any other relief that the court deems appropriate under the circumstances, COUNT III JAMES C. BARTOLI, T/A BARTOLI ICE VS. ENERGY SAVERS CONTRACTING, INC. NEGLIGENCE 20. Plaintiff incorporates by reference the averments of all prior paragraphs as though the same were set forth at length herein. 21. The fire which occurred on or about December 5, 1993 and the resulting damage to and destruction of plaintiff's property were caused by and resulted from the negligence, carelessness, reck1essness, gross negligence, and other liability producing conduct of defendant Energy Savers by and through its agents, servants/ employees, and/or representatives in: (a) failing to prevent the fire which occurred on or about December 5, 1993; (bl failing to maintain the 3,300 square foot space occupied by defendant at the subject building, in a secure and safe condition which defendant knew or reasonably should have ~OOJ68Cl,WP5 known subjected plaintiff's property to an unreasonable risk of harm; (c) storing and/or maintaining combustible and/or flammable substances at the subject building, which defendant knew or reasonably should have known subjected plaintiff's property and business to an unreasonable risk of harm; (d) creating and/or maintaining a hazardous environment at the subject building, in violation of recognized codes, standards, regulations, ordinances and/or statutes; (e) failing to store and/or maintain the aforesaid combustible and/or flammable substances in a proper and reasonable manner, which defendant knew or reasonably should have known subjected plaintiff's property and business to an unreasonable risk of harm; (f) failing to warn of conditions potentially hazardous to persons and/or property; (g) improperly warning of conditions potentially hazardous to persons and/or property; (h) failing to take reasonable and proper measures to extinguish the aforesaid fire; (i) failing to take reasonable and proper measures to protect plaintiff's property once the fire began; (j) failing to supervise, train and/or control its agents, servants, employees and/or representatives in connection with their activities involving the subject building; ~OO]68C].WPS (k) improperly supervising, training, and/or controlling its agents, servants, emplo:'ees and/or representatives, in connection with their activities involving the subject building; and (1) otherwise failing to use due care under the Circumstances, 22, As a direct and proximate result of the negligence, carelessness, recklessness, gross negligence and other liability producing conduct on the part of the defendant, Energy Savers, by and through its agents, servants, employees and/or representatives, plaintiff's property suffered damage and destruction in an amount in excess of $20,000.00. WHEREFORE, plaintiff, James C. Bartoli, t/a Bartoli Ice, demands judgment against defendant, Energy Savers Contracting, Inc" for damages in an amount in excess of $20,000.00 together with interest, coste, reasonable attorneys' fees, delay damages, and any other relief that the court deems appropriate under the circumstances, COUNT IV CATHERINE G. BARTOLI VS. ENERGY SAVERS CONTRACTING, INC. NEGLIGENCE 23, Plaintiff incorporates by reference the averments of all prior paragraphs as though the same were see forth at length herein. 24, The fire which occurred on or about December 5, 1993 and the resulting damage to and destruction of plaintiff's 200l6BC3,WP5 prope~ty were caused by and resulted from the negligence, carelessness, recklessness, gross negligence, and other liability producing conduct of defendant Energy Savers by and through its agents, servants, employees, and/or representatives in: (a) failing to prevent the fire which occurred on or about December 5, 1993; (b) failing to maintain the 3,300 square foot space occupied by defendant at the subject building, in a secure and safe condition which defendant knew or reasonably should have known subjected plaintiff's property to an unreasonable risk of harm; (c) storing and/or maintaining combustible and/or flammable substances at the subject building, which defendant knew or reasonably should have known subjected plaintiff's property and business to an unreasonable risk of harm; (d) creating and/or maintaining a hazardous environment at the subject building, in violation of recognized codes, standards, regulations, ordinances and/or statutes; (e) failing to store and/or maintain the aforesaid combustible and/or flammable substances in a proper and reasonable manner, which defendant knew or reasonably should have known subjected plaintiff's property and business to an unreasonable risk of harm; (fl failing to warn of conditions potentially hazardous to persons and/or property; 200l68Cl,wrs (g) improperly warning of conditions potentially hazardous to persons and/or property; (h) failing to take reasonable and proper measures to extinguish the aforesaid fire; (i) failing to take reasonable and proper measures to protect plaintiff's property once the fire began; (j) failing to supervise, train and/or control its agents, servants, employees and/or representatives in connection with their activities involving the subject building; (k) improperly supervising, training, and/or controlling its agents, servants, employees and/or representatives, in connection with their activities involving the subject building; and (1) otherwise failing to use due care under the circumstances. 25, As a direct and proximate result of the negligence, carelessness, recklessness, gross negligence and other liability producing conduct on the part of the defendant, Energy Savers, by , and through its agents, servants, employees and/or representatives, plaintiff's property suffered damage and destruction in an amount in excess of $20,000.00. WHEREFORE, plaintiff, Catherine G, Bartoli, dp.mands judgment against defendant, Energy Savers Contracting, Inc" for damages in an amount in excess of $20,000.00 together with interest, costs, reasonable attorneys' fees, delay damages, and any other relief that the court deems appropriate under the circumstances. 400l6BCl,WP5 DEMAND FOR TRIAL BY JURY A trial by jury is demanded on all issues, in accordance with the Rules of Court. WHITE AND WILLIAMS BY:~~ I, Peter T, Parashes, Esquire Attorney for plaintiffs, James C, Bartoli, Inc" Mario R, Bartoli t/a Bartoli Ice, James C. Bartoli t/a Bartoli Ice and Catherine G, Bartoli ;lOO)68CJ ,WI'S . - VERIFICATION I, Maria A. Bartoli, do hereby verify that I am a representative of James C. Bartoli, Inc., Mario R. Bartoli, t/a Bartoli Ice, James C. Bartoli, t/a Bartoli Ice and Catherine G, Bartoli and as such, I am authorized to make this verification on their behalf. I have reviewed the averments contained in the foregoing complaint and find them to be true and correct to the best of my knowledge, information and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S,A. 4904 relating to unsworn falsification of authorities, )11(~.__ /a~L<A~t~/. MARIA A, BARTO I DATE: /J.~ /1. -'I t/ I :ZOOHiHCl,WP!l ;;> '" """ '" , '0 11r.'), 'r.;::) 'l') - en "" .....:::l' ~ , -. ~ '.1 ~ 1\') ~ :'.J -. ..,.. ~ -.. " , ~ 5'-: ---. :"-, ('~ ~ ~\S' <4, ...... CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania RUles of civil Procedure, by depositing a copy of same in the united states Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid as follows: Peter T. Parashes, Esquire White and Williams One Liberty Place - suite 1800 1650 Market street Philadelphia, PA 19103 ., GOLDBERG,'KATZMAN & SHIPMAN, P.C. BJ: A'lh,,~)~k~ --Thomas E. Brenner, Esquire 320 Market street strawberry square P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No. 32085 (717) 234-4161 Dated: .3. 7-,<j~)/ ~ - 0:> ,. ",>- .fl- U.t-; ~~.t ~~~~ r:'l t- 'r-- . ," >- ,'." 1. .,"': . ,.... lJ,.1 ,~ " ~_~ .i::t Lo...:;J 0'" ::c 0- ,., .... N = ... = . SHERIFF'S I1EWRN CCMo1<l'IWEJ\L'Ill 01' PENNSYLVANIA: CCXJNTY 01' ClMBEI1LfIND In The Court of COlman Pleas of Cumberland County, Pennsylvania No. 95-779 Civil Tenn Canp]aint in Civil Action Law and Notice James C. Bartoli, Inc., Mario 11. Bartoli, tla Bartoli Ice, Junes C. Bartoli, tla Bartoli Ice ara Catherine G. Bartoli VS Energy Savers Contracting, Inc. [~rov Hippensteel, III , ~tXlOr Deputy Sheriff of Cumberland County, Pennsylvania, who being duly swom according to law, says, that he served the within Canplaint in Civil Action r.aw and Notice Upon EnerQV Savers CCntractinq, Inc. , The defendant at 9:40 o'clock A .M. EST I >I5DOO', on the day of February . 19.22., at 24 ]2 Hamilton Road, Boilinq Sprinqs ,Cumberland County, Pennsylvania, by handing to Horace Brawster, Owner a true and attested copy of the Complaint in Civil Action Law and Notice and at the same time directing his attention to the contents thereof and the "Notice to plead" endorsed thereon. Sheriff's Costs: DJcketing Service Affidavit Surcharge ]8.00 2.80 So answers: y' '.-1 __or' -;C' ('"/~.~ /4 7 ~'~~~~."7~~,~ ~...~. '-;'-"~ R. Th011as Kline,' Sheriff 2.00 22.80 re. by Atty. 3-03-95 Sworn and subscribed to before me this 1'1 ~day of J)~J---' by i~l. ./ 1/>5"'/",z-./:;r Deputy Sheriff 19 'I S A.D. (lJ~;:~ta~tu'~:~ 'I .- /\J.lJ''I ' , i JAMES C. BARTOLI, INC., MARIO R. BARTOLI, t/a BARTOLI ICE, JAMES C. BARTOLI, t/a BARTOLI ICE and CA'l'HERINE G. BARTOLI, Plaintiffs v. ENERGY SAVERS CONTRACTING, INC. , Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-779 CIVIL TERM JURY TRIAL DEMANDED STIPULATION AND NO\~, deletions of Complaint. corne the parties by their counsel who agree to the paragraphs 15(1), 18 (1), 21(1) and 24 (1) of the Date: " !'late: 11-{l{.~{ (<8' ERIE PLEADlijGS 2\EijERGY.31 Plain/:!1/1 ~ BY~~ / I' Peter T. Parashes, Esquire White and Williams One Liberty Place - suite 1800 1650 Market Street Philadelphia, PA 19103 Defendant, ,//1 .) " .' ..-:} By: I}, "lV'. < ~ 10,,",,~" l Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney I.D. #32085 Attorneys for Defendant "'"' am' - - -'-' "'-- ;I. m \Y) r-- a:: .'1: ,,- -'" WHITE AND WILLIAMS BYI PETER T. PARASHES, ESQ. ATTORNEY I.D. 22436 ONE LIBERTY PLACE SUITE 1800 PHILADELPHIA, PA. 19103 (215) 864-7178 ATTORNEYS FOR DEFENDANT JOHN A. BUTTORFF, JR. and OWEN A. KERTLAND, JR., t/a THE EARLEY PRINTERY COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs NO. I 95-6725 v. CIVIL TERM CATHERINE G. BARTOLI and ENERGY SAVERS CONTRACTING, INC. Defendants JAMES C. BARTOLI, INC. MARIO T. BARTOLI, t/a BARTOLI ICE, JAMES C. BARTOLI, t/a BARTOLI ICE and CATHERINE G. BARTOLI COURT OF COMMON PLEAS CUMBERLAND COUNTY I NO. 95-779 f; -n(:I~ C'Ju' -..'" "or Ujt", .::- -.;,a." r ;,~',' -0 ~~ :!.: ,..;, ~~~: ~ _...' N -. - ,0 0' r_ s:: --'- o -1"1 R,~~ 'n -',J .) T.:a '3c;{ or s! :Q Plaintiffs CIVIL TERM v. ENERGY SAVERS CONTRACTING, INC. Defendant ORDER TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY I Kindly mark the above action settled, discontinued and ended. Thank you, WHITE AND WILLIAMS ~ BY:~ ~ PETER T. PARASHES, ESQUIRE Attorney for Plaintiffs James C. Bartoli, Inc" et al. ;ZOD)DDFO. WPS