North American Elite Insurance Company v. Victory Fire Protection, Inc.Response to Cross-Claims of Third Party Defendant SimplexGrinnell re Answer to Complaint,, CrossclaimE.D. Pa.March 2, 2018IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NORTH AMERICAN ELITE INSURANCE : COMPANY AS SUBROGEE OF PENN : CIVIL ACTION FOUNDATION, INC. : Plaintiff : v. : NO. 2:17-cv-03554-WB VICTORY FIRE PROTECTION, INC. : Defendant and Third Party Plaintiff : v. : PENN BUILDERS, INC., SIMPLEX : GRINNELL LP n/k/a JOHNSON CONTROLS : FIRE PROTECTION LP and ANCHOR : FIRE PROECTION COMPANY : Third Party Defendants : : NORTH AMERICAN ELITE INSURANCE : COMPANY AS SUBROGEE OF PENN : FOUNDATION, INC. : Fourth Party Plaintiff : v. : PENN BUILDERS, INC., SIMPLEX : GRINNELL LP n/k/a JOHNSON CONTROLS : FIRE PROTECTION LP and ANCHOR : FIRE PROECTION COMPANY : Fourth Party Defendants : ANSWER OF THIRD PARTY DEFENDANT, PENN BUILDERS, INC., TO THE CROSS-CLAIMS OF THIRD PARTY DEFENDANT, SIMPLEXGRINNELL 1. Answering third party defendant incorporates by reference its Answer to the Third Party Complaint as though fully set forth at length herein. 2. Denied. It is specifically denied that any damages were caused by any action or omission by answering third party defendant, and it is specifically denied that answering third party defendant was negligent or careless or engaged in any liability producing actions. 3. Denied. It is specifically denied that answering third party defendant is liable on any basis to any party. Case 2:17-cv-03554-WB Document 36 Filed 03/02/18 Page 1 of 3 2 4. Denied. It is specifically denied that answering third party defendant is liable on any basis to any party. WHEREFORE, answering third party defendant, Penn Builders, Inc., demands judgment in its favor. Respectfully submitted, By: s/William H. Resch, Jr. Philip D. Priore, Esquire William H. Resch, Jr., Esquire Attorney ID Nos. 38987/39471 McCormick & Priore, P.C. Four Penn Center, Suite 800 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 (T) 215-972-0161 (F) 215-972-5580 PPriore@mccormickpriore.com hresch@mccormickpriore.com Attorneys for Third Party/Fourth Party Defendant, Penn Builders, Inc. Dated: March 2, 2018 Case 2:17-cv-03554-WB Document 36 Filed 03/02/18 Page 2 of 3 CERTIFICATE OF SERVICE I, William H. Resch, Jr., Esquire, hereby certify that on this 2nd day of March, 2018, the Answer of Third Party Defendant, Penn Builders, Inc., to the Cross-claims of Third Party Defendant, SimplexGrinnell, was filed electronically and is available for viewing and downloading from the ECF system. A true and correct copy of the Answer was forwarded to counsel identified below via ECF. Daniel C. Theveny, Esquire Cozen & O’Connor One Liberty Place 1650 Market Street Philadelphia, PA 19103 Attorney for Plaintiff, North American Elite Insurance Company As Subrogee of Penn Foundation, Inc. Noah A. Schwartz, Esquire Zarwin Baum DeVito Kaplan Schaer Toddy 1818 Market Street, 13 th Floor Philadelphia, PA 19103 Attorney for Defendant Victory Fire Protection, Inc. Katherine O. Mowll, Esquire Ryan G. Foley, Esquire Shook, Hardy & Bacon, L.L.P. Two Commerce Square 2001 Market Street, Suite 3000 Philadelphia, PA 19103 Attorneys for Third Party Defendant, SimplexGrinnell LP n/k/a Johnson Controls Fire Protection LP Karen A. Read, Esquire Shook Hardy & Bacon, L.L.P. 2555 Grand Boulevard Kansas City, MO 64108 Attorneys for Third Party Defendant, SimplexGrinnell LP n/k/a Johnson Controls Fire Protection LP Anchor Fire Protection Company 270 Renninger Road Perkiomenville, PA 18074 By: s/William H. Resch, Jr. Philip D. Priore, Esquire William H. Resch, Jr., Esquire Attorney ID Nos. 38987/39471 McCormick & Priore, P.C. Four Penn Center, Suite 800 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 (T) 215-972-0161 (F) 215-972-5580 PPriore@mccormickpriore.com hresch@mccormickpriore.com Attorneys for Third Party/Fourth Party Defendant, Penn Builders, Inc. Case 2:17-cv-03554-WB Document 36 Filed 03/02/18 Page 3 of 3
