Preview
CPM-L-000066-23 10/10/2023 4:20:51PM Pglof2 Trans ID: LCV20233087553
LAW OFFICES OF ROBERT A. STUTMAN, P.C.
By: ThomasJ. Underwood, Jr., Esquire Bar ID#023691997
Edmund Peny, Esquire Bar ID#017952005
20 East Taunton Road, Suite 403
Bedin, NJ 08009
(856) 767-6800
Attomeys for Plaintiff, West American Insurance Company
NARRAGANSETT BAY INSURANCE
CO. a/sio HELEN BRUTSCHEA SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - CAPE MAY COUNTY
Plaintiff, CIVIL ACTION
Vv. DOCKET NO. CPM-L-66-23
RITA KLINEBURGER AND RICHARD F. :
KLINEBURGER III AND JOHN DOE
AND HELM HOME IMPROVEMENT,
LLC.
Defendants
WEST AMERICAN INSURANCE CO., DOCKET NO. CPM-L-000188-23
a/s/o RITA KLINEBURGER AND
RICHARD F. KLINEBURGER,
Plaintiff, NOTICE OF MOTION TO STRIKE
THE ANSWER AND AFFIRMATIVE
Vv. DEFENSES OF DEFENDANT
HELM HOME IMPROVEMENT, LLC:
HELM HOME IMPROVEMENT, LLC.
Defendant.
PLEASE TAKE NOTICE that pursuant to New Jesey Court Rule 4:23-5, the
undersigned attomeys on behalf of Plaintiff, West American Insurance Co., will move before the
Superior Court of New Jersey, Law Division - Cape May County, located at 9 North Main Street,
Cape May Courthouse, New Jersey on November 3, 2023 at 9:00 am., for an Order Striking the
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Answer and Affirmative Defenses of the Defendant, Helm Home Improvement, LLC for failure
to respond to Plaintiff’s discovery requests.
PLEASE TAKE FURTHER NOTICE that pursuant
Rule 1:6-2, Plaintiff will rely upon
the attached certification of counsel and exhibits submitted
in support of this motion. A proposed
form of Orderis attached hereto.
PLEASE TAKE FURTHER NOTICE that Plaintiff requests oral argument on this
motion only if it is opposed.
LAW OFFICES OF ROBERT A. STUTMAN, P.C.
“Fhems} Qk]
Date: 10/10/23 BY
ThomasJ. Underwood,
Jr., Esquire
Attomey for Plaintiff, West American Insurance
Company
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LAW OFFICES OF ROBERT A. STUTMAN, P.C.
By: Thomas J. Underwood, Jr., Esquire Bar ID# 023691997
Edmund Perry, Esquire Bar ID# 017952005
20 East Taunton Road, Suite 403
Berlin, NJ 08009
(856) 767-6800
Attorneys for Plaintiff, West American Insurance Company
NARRAGANSETT BAY INSURANCE
CO. a/s/o HELEN BRUTSCHEA SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - CAPE MAY COUNTY
Plaintiff, CIVIL ACTION
V. DOCKET NO. CPM-L-66-23
RITA KLINEBURGER AND RICHARD F. :
KLINEBURGER III AND JOHN DOE
AND HELM HOME IMPROVEMENT,
LLC.
Defendants
WEST AMERICAN INSURANCE CO., DOCKET NO. CPM-L-000188-23
a/s/o RITA KLINEBURGER AND
RICHARD F. KLINEBURGER,
Plaintiff,
V.
ORDER
HELM HOME IMPROVEMENT, LLC.
Defendant.
THIS MATTER, having been raised before the Court by Plaintiff, West American
Insurance Company upon Plaintiff's Motion pursuant to Rule 4:23-5 to Strike the Answer and
Affirmative Defenses of Defendant, Helm Home Improvement, LLC for failure to respond to
Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents, and
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the Court having considered the moving papers submitted herein and any opposition thereto, and
for good cause shown;
IT IS on this day of , 2023;
ORDERED that Plaintiff's Motion be, and hereby is, GRANTED; and it is further
ORDERED that the Answer and Affirmative Defenses of Defendant, Helm Home
Improvement, LLC, in the matter captioned West American Insurance Company v. Home Helm
Improvement, LLC, Docket No. CPM-L-000188-23, are hereby stricken without prejudice for
failure to respond to Plaintiff's First Set of Interrogatories and First Set of Requests for Production
of Documents; and it is further
ORDERED that a copy of this Order be served upon all counsel of record within seven
days of the date hereof.
JSC.
This Motion was:
( ) OPPOSED
( ) UNOPPOSED
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LAW OFFICES OF ROBERT A. STUTMAN, P.C.
By: ThomasJ. Underwood, Jr., Esquire Bar ID#023691997
Edmund Peny, Esquire Bar ID#017952005
20 East Taunton Road, Suite 403
Bedin, NJ 08009
(856) 767-6800
Attomeys for Plaintiff, West American Insurance Company
NARRAGANSETT BAY INSURANCE
CO. a/sio HELEN BRUTSCHEA SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - CAPE MAY COUNTY
Plaintiff, CIVIL ACTION
Vv. DOCKET NO. CPM-L-66-23
RITA KLINEBURGER AND RICHARD F. :
KLINEBURGER III AND JOHN DOE
AND HELM HOME IMPROVEMENT,
LLC.
Defendants
WEST AMERICAN INSURANCE CO., DOCKET NO. CPM-L-000188-23
a/s/o RITA KLINEBURGER AND
RICHARD F. KLINEBURGER,
Plaintiff, CERTIFICATION OF COUNSEL IN
SUPPORT OF PLAINTIFF’S MOTION TO
STRIKE THE ANSWER AND
AFFIRMATIVE DEFENSES OF
DEFENDANT HELM HOME
HELM HOME IMPROVEMENT, LLC. IMPROVEMENT, LLC
Defendant.
I, THOMAS J. UNDERWOOD, JR., ESQUIRE, do hereby certify as follows:
1. Lamanattomey at lawin the State of New] ersey and am an associate with the Law Offices
of Robert A. Stutman, P.C., attomeys for Plaintiff, West American Insurance Company
(hereinafter “West American”) in the above captioned consolidated matter.
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2. lTamtheattomey primanily responsible for the handling of this matteron behalf of Plaintiff,
West American. As such, I am fully familiar
with the facts stated herein.
3. I make this certification in support of West American's Motion to Strike the Answer
and.
Affirmative Defenses of Defendant, Helm Home Improvement, LLC (hereinafter “Helm” or
“Defendant”) for failure to respond to discovery and hereby rely upon this certification and the
exhibits attached hereto.
4. This is asubrogation
action that arises froma May 11, 2021 fire that originated
in the
home of West American’ s insureds, Rita and Richard Klineburger located at 629 Columbia
Avenue in Cape May, New Jersey.
5. The May 11, 2021 fire also damaged an adjacent property located at 627 Columbia Avenue
owned by Helen Brutshea who was insured by Plaintiff, Narragansett Bay Insurance Company
(“Narragansett”).
6. At the time of the fire, the Klineburger Property was undergoing a renovation project.
Shortly before the fire occurred, Defendant Helm reportedly had been performing demolition work
in the Klineburger property.
7. Plaintiff alleges that Defendant Helm caused the fire through its negligence.
8. By Complaint dated February 14, 2023, Narragansett as subrogee of Helen Brutshea, filed
suit against West American’
s insureds. Narragansett subsequently amended
its Complaintto add
Helmas an additional defendant. That matter was assigned docket number, CPM-L-66-23.
9. West American then instituted its action against Helm by Complaint filed May 12, 2023.
That matter was assigned docket number CPM-L-000188-23.
10. On September
25, 2023 an Order
was entered consolidating
the two cases.
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11. By letter dated July 13, 2023, West American served a First Set of Interrogatories and
Requests for Production of Documents upon Defendant Helm. True and comect copies of
Plaintiff’ s counsel’ s cover letter and the enclosed discovery requests are attached hereto as Exhibit
“nN?
12. Defendant Helm failed to provide responses to those discovery requests within the time
period required by the Court Rules.
13. On September6, 2023, I sent
a letter to Defendant Helm’s counsel informing
him of his
client's failure to respond to the discovery requests or to request an extension of time to serve
responses. The letter also informed Defendant’ s counsel thatif responses were not provided within
10 days of receipt of the letter, West American would bring the matter to the Coutt’s attention. A
true and correct
copy of Plaintiff’
s counsel’ s September6, 2023 letter is attached hereto as Exhibit
“By
14. To date, Defendant
Helm has failed to provide responses to West American’ s First Set of
Interrogatories and First Set of Requests for Production of Documents.
15. Plaintiff, West American, is not in default with regard to any discovery requests served
upon it by the Defendant, Helm.
16. As such, West American respectfully requests that the Court enter an Order pursuant to R.
4:23-5 striking the Answer and Affirmative Defenses of Defendant, Helm Home Improvement,
LLC for failure to respond to West American's First Set of Interrogatories and First Set of
Requests for Production of Documents.
Thereby certify that the foregoing statements made by me are true and accurate to the best
of my knowledge. I am aware that if any of the foregoing statements made by me are willfully
false, I am subject
to punishment.
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LAW OFFICES OF ROBERT A. STUTMAN, P.C.
Fluems) Cactuwon
Date: 10/10/23 BY
ThomasJ. Underwood,
Jr., Esquire
Attomey for Plaintiff, West American Insurance
Company
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LAW OFFICES OF ROBERT A. STUTMAN, P.C.
By: ThomasJ. Underwood, Jr., Esquire Bar ID#023691997
Edmund Peny, Esquire Bar ID#017952005
20 East Taunton Road, Suite 403
Bedin, NJ 08009
(856) 767-6800
Attomeys for Plaintiff, West American Insurance Company
NARRAGANSETT BAY INSURANCE
CO. a/sio HELEN BRUTSCHEA SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - CAPE MAY COUNTY
Plaintiff, CIVIL ACTION
Vv. DOCKET NO. CPM-L-66-23
RITA KLINEBURGER AND RICHARD F. :
KLINEBURGER III AND JOHN DOE
AND HELM HOME IMPROVEMENT,
LLC.
Defendants
WEST AMERICAN INSURANCE CO., DOCKET NO. CPM-L-000188-23
a/s/o RITA KLINEBURGER AND
RICHARD F. KLINEBURGER,
Plaintiff,
Vv.
CERTIFICATION OF SERVICE
HELM HOME IMPROVEMENT, LLC.
Defendant.
I, THOMASJ. UNDERWOOD,
JR., ESQUIRE, do hereby certify that on the 10° day of
October, 2023, I caused to be forwarded the within Notice of Motion, Certification of Counsel,
Proposed Form of Order and all other supporting documents via E-Filingto the Superior Court
of New Jersey, Law Division-Cape
May County, and, on the same date, to the following
patties via E-Filing only:
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Andrew Sklar, Esquire Stephen Sobocinski, Esquire
Sklar Law, LLC Zirulnik Demille & Vilacha
20 Brace Road, Suite 205 56 Livingston Avenue, Suite 400
Chemy Hill, NJ 08034 Roseland, NJ 07068
Ph. 856-258-4050 Ph: 973-503-6261
andy@sklarlaw.com Attomey for Defendant, Helm Home
Attomey for Narragansett Bay Insurance Construction
Company
John Mastronardi
i Mutual Insurance Companies
Ph: (856) 355-4223
Attomey for Defendants/Third Party Plaintiffs
Rita and Richard Klineburger
LAW OFFICES OF ROBERT A. STUTMAN, P.C.
BY:
Flom J CQockeninch Q7
ThomasJ. Underwood,
Jr., Esquire
Attomey for Plaintiff, West American Insurance
Company
CPM-L-000066-23 10/10/2023 4:20:51 PM Pglof28 Trans ID: LCV20233087553
Exhibit A
CPM-L-000066-23 10/10/2023 4:20:51 PM Pg2of28 Trans ID: LCV20233087553
STUTMAN
ThomasJ. Underwood, Jr. Thomas Paolini
underwoodt@ stutmanlaw.com Managing Attorney
July 13, 2023
VIA EMAIL
Stephen G. Sobocinski, Esq.
ZIRULINIK, DEMILLE & VILACHA
309 Fellowship Road, Suite 330
Mt. Laurel, NJ 08054
Re: West American Insurance Company, et al. v. Helm Home Improvement,
LLC
Superior Court of New Jersey, Law Division, Cape May County
Docket No.: CPM-L-000188-23
Dear Counsel:
Enclosed please find Plaintiff’ s First Set of Interrogatories and Requests for Production of
Documents directed to Defendant, Helm Home Improvement, LLC, in regard to the above-
referenced matter. Please provide your client’s Answers to the Interrogatories and
Responses to the Requests within the time provided by the Court Rules.
Very truly yours,
ThomasJ. Underwood, Jr.
TJU/kk
Enclosures
Law Offices of Robert A. Stutman, P.C.
20 East Taunton Road, Suite 403, Berlin, NJ 08009
Phone 856.767.6800 - Fax 856.767.6810
www.stutmanlaw.com
Offices Nationmide Toll-Free 866.642.2303
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LAW OFFICES OF ROBERT A. STUTMAN, P.C.
By: ThomasJ. Underwood, Jr., Esquire, Bar1.D. Number 02369-1997
Edmund Peny, Esquire, Bar 1.D. Number 01795-2005
20 East Taunton Road, Suite 403
Bedin, New Jersey 08009
Telephone: (856) 767-6800
Facsimile: (856) 767-6810
Attomeys for the Plaintiff, West American Insurance Company
WEST AMERICAN INSURANCE SUPERIOR COURT OF NEW JERSEY
COMPANY @/s/o Richard
and Rita LAW DIVISION - CAPE MAY COUNTY
Klineburger
Civil Action
Plaintiff,
DOCKET NO.: CPM-L-000188-23
Vv.
HELM HOME IMPROVEMENT, LLC
Defendant.
PLAINTIFF, WEST AMERICAN INSURANCE COMPANY'S FIRST SET OF
INTERROGATORIES DIRECTED TO
DEFENDANT, HELM HOME IMPROVEMENT, LLC
PLEASE TAKE NOTICE that the undersigned attomeys for the Plaintiff hereby
demand that Defendant, Helm Home Improvement, LLC (hereinafter refered to as
“Defendant”), answer the following interrogatories in the manner and within the time prescribed
by the Court Rules.
These interrogatories shall be deemed to be continuing and it is required that Defendant
serve upon Plaintiff, by supplemental answers, any information requested herein which becomes
available to any attomey, agent or representative of Defendant prior to the trial of this matter.
Defendant
is instructed that:
INSTRUCTIONS
1 The information requested herein is not restricted to Defendant’s personal
knowledge, but includes information in the possession of Defendant’s employees, officers,
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agents, representatives, and attomeys and extends to information which Defendant or
Defendant’s attomeys can obtain upon reasonable inquiry. These interrogatories shall be
deemed continuing so as to require supplemental answers to be filed promptly upon obtaining
further information between the time answers are served and the time of trial or if Defendantor
Defendant’ s attomey should obtain the information that the answer was incorrect or that which
were made becomes no longer true.
2. Each intemogatory must be answered separately and fully in writing and under
3. If the information requested is not known or reasonably available in the precise
form and scope requested, or for the particular date or period specified, but can be supplied
partially, in a modified form or for a different but relevant date or period, set forth the best
information available together with a statement of the reasons that the answer is not completely
responsive
to the Interrogatory, together
with the identity of any document
or sources from
which more complete information is attainable.
4 Whenever an interogatory calls for information with respect to “each” one of a
particular type of occurrence, communication, or other matter of which more than one exists,
identify separately, and in chronological order, each instance of the occurrences,
communications or other matters referred to, and provide for each such instance, all of the
information called for immediately following such identification.
5. To the extent that Defendant believes any of the intenogatories calls for
information contained in documents or communications subject to a claimed privilege, answer so
much of such interogatory or interrogatories, and each part thereof, as does not request, in
Defendant’s view, allegedly privileged information, and identify each such document and/or
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communication and set forth the basis for your claim of privilege with respect to the information
which you refuse to fumish.
6. To the extent that Defendant believes that any of the intemogatories is
objectionable, answer so much of each such intemogatory, and each part thereof as is not, in
Defendant’
s view, objectionable, and separately state so much of that part of each interrogatory
as to which Defendant raises an objection, and each ground for each such objection.
7. When referring to a fact or conclusion, give all the circumstances
upon which the
fact or conclusion is based, or which touch upon the same.
8. Tn answering each intemogatory, identify the persons consulted in preparing the
particular response, and if different, the persons most familiar
with the facts concemed. Upon
producing copies of documents, each document produced should be given a consecutive
identification number. The number should be placed in the lower right-hand comer of each
document. Defendant is requested to indicate which of the numbered documents responds to
each question which calls for the production of copies of documents. Corresponding to the
numbers provided, please also provide the name, author, date and the current or last known
address and employment of the custodian thereof.
DEFINITIONS
1 “Document” or “Documents” refers to any printed, written, taped, recorded,
graphic, computerized print-out or other tangible matters, from whatever source, however
produced
or reproduced, whether in draft or otherwise, whether
sent or received, or neither,
including, but not limited to, the original, a copy (if the original is not available) and all non-
identical copies (whether different from the original because of notes made on or attached to
such copy or otherwise), of any and all writings, correspondence, drawings, site plans, letters,
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telegrams, e-mails, cables, adjusting entries, subsidiary documents and schedules, contracts,
proposals, agreements, minutes, notes, memoranda, analyses, projections, work papers, books,
Papers, records, reports, diaries, vouchers, acknowledgements, confirmatory memoranda,
statements, questionnaires, books of account, calendars, graphs, charts, transcripts, ledgers,
registers, work sheets, summaries, digests, financial statements, messages including, but not
limited to, reports of telephone conversations or telephone calls), other communications
(including, but not limited to, inter-and intre-office communications), purchase orders, bills of
lading, bid tabulations, options to purchase, memoranda of agreements, assignments, licenses,
of records, drawings, catalogs, brochures, and all other information or data, records or
compilations, including all underlying supporting or preparatory material, and all other written or
printed
matter of any kind, or any other
and all data, compilation
from which information can be
obtained and translated if necessary, however produced or reproduced, now in your possession,
custody or control, or available to you, your counsel, accountants, agents, representatives or
associates, within or outside the State of New Jersey.
2. When asked to “identify” or “for the identity” of any natural person, set forth the
full name and present or last known business or residential address
of such person; his
or her
present or last known business affiliation; his or her present or last known telephone number,
with the area code; and his or her position in business affiliation, including a description of his or
her duties or responsibilities at the time of or during the period in question.
3. When asked to “identify” or “for the identity” of any entity other than a natural
person, set forth its full name or title; address, telephone
number with area code; date and
jutisdiction
under the laws of which it was organized or incorporated, or, in the case of an entity
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other than a corporation, state the type of organization, the names of its members, and the date
and place of its organization; and the identity ofall persons
who acted
or who authorized another
to act on its behalf, in connection with the matters referred to.
4. When asked to “identi ” or “disclose the identity” of a document, you are
required to fumish a copy of each such document in lieu of identifying the same, in the manner
set forth in the preceding instructions. When fumishing
a copy of a document, specify the
Intenogatory being answered in this manner, and identify the document so supplied to show the
Interogatory
to which the document relates. If a copy of a particular document is not available,
then set forth its date and general type of category; the identity of its author, and each person
who aided or assisted in its preparation, including persons who contributed information
contained in or submitted for use in such document; the identity of each addressee and other
distributee to whom the document was directed, distributed, and by whom it was received, read,
or both, the identity of its last known location or custodian; the reason or reasons for the inability
to locate such document, and the circumstances of its unavailability; if the document
is no longer
in your possession or control, and the circumstances of its disposition are known, set forth the
date and circumstances
of its disposition thereof, as well as the identity of the person or entity to
whom custody or possession
was given; and its subject matter or substance.
5. When asked to “identify” or “for the identity” of an oral communication, set forth
the date and placed thereof, or, in the case of a telephone conversation, so indicate
and state the
Places at which the parties thereto were located at the time thereof; the identity
of each person
participating in or who was present during or otherwise heard such communication; the complete
substance of each statement attributed to each person in the sequence that the statements took
Place, or to the extent the foregoing particulars are not known or subject to reasonable
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ascertainment, the subject matter of such communication and as many of the requested
particulars as are known or ascertainable; and identify, in accordance with the prior definitions
herein, all documents which may have been prepared on the basis of, as a consequence of, or
which contain information relative to the specific details, such matter
or substance thereof.
6. When asked to describe or for the description of any act, occurrence, occasion,
conference, discussion, instance or event, set forth the date, time and place thereof; the identity
of each person
who participated therein, or was a witness thereto; in chronological sequence, the
actions, statements, utterances, and course of conduct of each such person, together with
anything else that transpired; and the identification of each communication or document which
refers thereto, or which was prepared or made during the course thereof, or as a result thereof.
7. The term “communication” or “communicate” includes or requests information
relating to all oral communications and documents (as hereinabove defined), whetheror not any
such document, or the information contained therein, was transmitted
by its author
to any other
persons.
8. “Services” are defined to mean useful labor that does not produce a tangible
commodity; the performing of any business function auxiliary to production or distribution; the
repair and/or maintenance
of goods; the performance of labor at the request and for the benefit of
another.
9. The term “person” means any natural person, corporation, partnership,
association, govemmental agency or department or other entity of any kind.
10. The tems “you”, “your” and “yourself” means Defendant, Helm Home
Improvement, LLC (“Defendant”) and any and all other persons acting or purportingto act on its
behalf including but not limited to counsel.
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11. The terms “evidencing,” “relate,” “relates,” “related to,” “relation to,” and
“relating to” mean conceming, constituting, dealing with, describing, disclosing, discussing,
explaining, pertaining to, refening to, reflecting, regarding, setting forth, showing, or
summarizing
in any way either directly or indirectly, and either in whole or in part.
12. The term “Plaintiff” shall mean West American Insurance Company (“Plaintiff”)
and its present and former officers, directors, employees, shareholders, agents and
representatives
and any and all other persons acting or purporting to act on its behalf including
but not limitedto counsel.
13. The term “Premises” and “Premises” mean the property located at 629 Columbia
Avenue, Cape May, New Jersey.
14. The term “Incident” shall refer to the fire at the Premises that occurred on May
11, 2021.
15. “Plaintiff” s Insureds” shall mean Richard and Rita Klineburger.
16. “Loss” or “Losses” shall referto the damage that occurred at the Premises on or
about May 11, 2021, as alleged
in Plaintiff’ s Complaint.
INTERROGATORIES
1 Identify the individual or individuals answering these interrogatories and describe
his or her relationship to the Defendant.
ANSWER:
2. State
the name, job title, current employer
and business address of the person
with
most knowledge of the work or services provided by the Defendant at the Premises.
ANSWER:
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3. Identify any individuals with knowledge of the work performed by the Defendant
at the Premises in the five-year period prior to the Incident and/or with knowledge of the
Incident.
ANSWER:
4. For each individual listed in response to the foregoing intenogatory, state whether
you or your representatives have secured a statement
in any form. If yes, please attach a copy of
said statement if written or electronic or transcription of said statement if recorded.
ANSWER:
5. Please identify by name, address and professional credentials each and every
expert witness you intend to call in support of this case at the time of trial.
ANSWER:
6. With respect to each individual, identified in response to the foregoing
interrogatory, state the facts known and opinions held by each such expert and attach hereto a
copy of the opinion report preparedby said expert.
ANSWER:
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7. Identify by name, address, telephone number and job title or classification of each
and every witness you expect to testify on your behalf at the trial of this matter.
ANSWER:
8. Please identify every document or other tangible thing that you intend to use as an
exhibit
or to show to the trier of fact at the trial of this matter, regardless
of whether you intend
to admit it, use it for cross-examination or demonstrative purposes.
ANSWER:
9. If an inspection or examination of the subject Premises has been conducted with
the purpose or result of determining possible causes of the Incident, please state:
a The name and address of each person conducting or participating in each such.
inspection or examination;
The date upon which and the places at which each such inspection or examination
took place;
Describe in full the findings, results and conclusions of each such inspection or
examination.
ANSWER:
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10. Identify each occasion when the Defendant performed work or services at the
Premises in the five-year period prior to and including May 11, 2021. For each occasion,
identify:
a The date of the work or service;
b. The nature of the work or service;
Cc. The individual(s) who performed the work or service.
ANSWER:
11. Identify the individual or individuals who supervised, inspected and/or approved
the work identified in the previous interogatory.
ANSWER:
12. Identify any and all individuals or entities that you employed or contracted with to
perform
work at the Premises on May 11, 2021.
ANSWER:
13. Describe any and all policies, written practices, written procedures, company and
professional standards, codes, and/or industry regulations that apply, or which you claim to have
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followed during the demolition and/or construction work performed at the Premises on May 11,
2021.
ANSWER:
14. State why you believe Defendant is not at fault or liable for the damages at issue
in this case.
ANSWER:
15. State with specificity all facts which support any affirmative defenses raised by
your response to Plaintiffs’ Complaint.
ANSWER:
16. Identify
the name and address of any party potentially responsible for the Incident
not already named as a party to the present lawsuit and state why you believe they are
responsible.
ANSWER:
17. Identify the carrier, policy number and coverage limits of any liability insurance
policy applicable to Plaintiff’ s claims.
ANSWER:
CPM-L-000066-23 10/10/2023 4:20:51PM Pg14of28 Trans ID: LCV20233087553
18. Identify all tools or equipment utilized to perform cutting or demolition work at
the Premises on May 11, 2021
ANSWER:
19. Identify
all safety precautions
taken by you to prevent the ignition of a fire during
the course of any work performed at the Premises on May 11, 2021
ANSWER:
LAW OFFICES OF ROBERT A. STUTMAN, P.C.
Flom. s) Coke Eh
Date: July 13, 2023
ThomasJ. Underwood, Jr., Esquire
20 East Taunton Rd., Suite 403
Badin, NJ 08009
856-767-6800 ext. 14
underwoodt@stutmanlaw.com
Attorney for Plaintiff
CPM-L-000066-23 10/10/2023 4:20:51PM Pg15of28 Trans ID: LCV20233087553
LAW OFFICES OF ROBERT A. STUTMAN, P.C.
By: ThomasJ. Underwood, Jr., Esquire, Bar1.D. Number 02369-1997
Edmund Peny, Esquire, Bar 1.D. Number 01795-2005
20 East Taunton Road, Suite 403
Bedin, New Jersey 08009
Telephone: (856) 767-6800
Facsimile: (856) 767-6810
Attomeys for the Plaintiff, West American Insurance Company
WEST AMERICAN INSURANCE SUPERIOR COURT OF NEW JERSEY
COMPANY @/s/o Richard
and Rita LAW DIVISION - CAPE MAY COUNTY
Klineburger
Civil Action
Plaintiff,
DOCKET NO.: CPM-L-000188-23
Vv.
HELM HOME IMPROVEMENT, LLC
Defendant.
CERTIFICATE OF SERVICE
I, ThomasJ. Underwood, Jr., hereby certify that I caused to be served a copy of Plaintiff,
West American Insurance Company’ s First Set of Interrogatories and Requests for Production of
Documents to Defendant, Helm Home Improvement, LLC, on the following Defense Counsel via
email on July 13, 2023:
Stephen G. Sobocinski, Esq.
ZIRULNIK, DEMILLE & VILACHA
309 Fellowship Road, Suite 330
Mt. Laurel, NJ 08054
Attorneys for Defendant,
Helm Hone Improvement, LLC
LAW OFFICES OF ROBERT A. STUTMAN, P.C.
Flom \Q Len Eh
BY
ThomasJ. Underwood, Jr., Esquire
Attomey for Plaintiff
CPM-L-000066-23 10/10/2023 4:20:51PM Pg16of28 Trans ID: LCV20233087553
LAW OFFICES OF ROBERT A. STUTMAN, P.C.
By: ThomasJ. Underwood, Jr., Esquire, Bar1.D. Number 02369-1997
Edmund Peny, Esquire, Bar 1.D. Number 01795-2005
20 East Taunton Road, Suite 403
Bedin, New Jersey 08009
Telephone: (856) 767-6800
Facsimile: (856) 767-6810
Attomeys for the Plaintiff, West American Insurance Company
WEST AMERICAN INSURANCE SUPERIOR COURT OF NEW JERSEY
COMPANY @/s/o Richard
and Rita LAW DIVISION - CAPE MAY COUNTY
Klineburger
Civil Action
Plaintiff,
DOCKET NO.: CPM-L-000188-23
Vv.
HELM HOME IMPROVEMENT, LLC
Defendant.
PLAINTIFF, WEST AMERICAN INSURANCE COMPANY’S FIRST SET OF
REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO
DEFENDANT, HELM HOME IMPROVEMENT, LLC
PLEASE TAKE NOTICE that the undersigned attomeys for the Plaintiff hereby
demand that Defendant, Helm Home Improvement, LLC (hereinafter refered to as
“Defendant’), produce the below listed documents, items and/or tangible things for purposes of
inspection
and copying. Said documents and/or tangible things are to be produced at the Law
Offices of RobertA. Stutman, P.C., 20 East Taunton Road, Suite 403, Berlin, New Jersey, within
the time prescribed by the Court Rules and supplemented thereafter in accordance with the Court
Rules.
These Requests shall be deemed to be continuing and it is required that Defendant serve
upon Plaintiff, by supplemental responses, any information or documentation requested herein
CPM-L-000066-23 10/10/2023 4:20:51PM Pg17of28 Trans ID: LCV20233087553
which becomes available to any attomey, agent or representative of Defendant prior to the trial
of this matter. Defendant
is instructed that:
INSTRUCTIONS
1 These requests seek the disclosure of information, if any, which supports the
Defendant's allegations and defenses in this litigation and the Plaintiff will seek a preclusionary
order barring the admission
of any evidence
at trial which
is not fully set forth in the responsesto
these requests.
2. These requests are deemed to be continuing so as to require the filing of
supplemental responses in the event Defendant or its representatives (including counsel) obtain
additional documents not previously produced in response to the requests set forth herein. Such
supplemental responses may be filed from time to time but not later than thirty days after such
further documents are received.
3. Defendant is requested to fumish all documents which are available to Defendant,
including information in the possession of Defendant’s attomey, accountants, agents,
investigators, representatives, officers, employees, directors or anyone acting in cooperation or
concert with Defendant, including experts consulted or retained by Defendant. If Defendant
camnot produce any document in full after exercising
due diligence to secure the documentation,
Please so state and provide any documents to the extent possible, specifying any inability to
provide the remainder of such documents to the extent possible, specifying
any inability to
provide the remainder of such documents and stating all information and knowledge presently
available to Defendant conceming the documents which Defendant failed to provide.
CPM-L-000066-23 10/10/2023 4:20:51PM Pg18of28 Trans ID: LCV20233087553
4. Each request for a document or documents shall be deemed a call for the
production of the original document or documents. In addition, each request should be
considered
as including all copies, and to the extent applicable, preliminary
drafts of documents
which
as to content, differ in any respect from the original orfinal draft, or from each other (e.g.,
by reason of hand-written notes or comments having been added to one copy of the document
but not on the original or other copies thereto).
5. Each Request is to be responded to separately and as completely as possible. The
fact that an investigation is continuing or that discovery is not complete shall not be used as an
excuse for failure to respond as fully as possible.
6. If Defendant claims that any source of information responsive to any request
herein has been lost or destroyed, describe and identify each such document by stating in writing:
(a) the name of the author, the names of the persons who received the original and all copies, and
the date and subject matter; (b) the circumstances under which each document was lost or
destroyed; and (c) Defendant’s efforts to locate each such document.
7. Each document produced to Defendant’s response to these requests should be
given a consecutive identification number. The number should be placed in the lower right hand
comer of each document. Upon producing
the documents, Defendant
is requested to indicate in
an appropriate manner, which of the numbered paragraphs describes each document produced,
by listing the documents that are responsive to each paragraph of the Request.
8. As to any information or document which Defendant refuses to produce under a
claim of privilege identify set forth and describe: (a) each person who prepared orparticipatedin
the preparation of the original document or the communication at issue; (b) each person shown
on the document as a recipient of the original or a copy and each person who actually received
CPM-L-000066-23 10/10/2023 4:20:51PM Pg19of28 Trans ID: LCV20233087553
the original or copy of the document
or who was present
or participated in the communicationat
issue; (c) each person present at a meeting, conference, telephone conference, or other
communication for which the document constitutes; in whole or in part, a summary, minutes or
other records; (d) the date of the document or communication; (e) a brief description of the
nature and the subject matter of the document or communication; (f) the nature of the privileged
claim; (g) the statute, rule or decision which is claimed to give rise to the privilege; (h) the last
known custodian of the document and the present location of the document; (i) attachmentsto
the document; (j) the number of pages comprising the document; and (k) whether
the document
is handwritten, typewritten or otherwise prepared.
DEFINITIONS
1 “Document” or “Documents” refers to any printed, written, taped, recorded,
graphic, computerized print-out or other tangible matters, from whatever source, however
produced
or reproduced, whether in draft or otherwise, whether
sent or received, or neither,
including, but not limited to, the original, a copy (if the original is not available) and all non-
identical copies (whether different from the original because of notes made on or attached to
such copy or otherwise), of any and all writings, correspondence, drawings, site plans, letters,
telegrams, e-mails, cables, adjusting entries, subsidiary documents and schedules, contracts,
proposals, agreements, minutes, notes, memoranda, analyses, projections, work papers, books,
Papers, records, reports, diaries, vouchers, acknowledgements, confirmatory memoranda,
statements, questionnaires, books of account, calendars, graphs, charts, transcripts, ledgers,
registers, work sheets, summaries, digests, financial statements, messages including, but not
limited to, reports of telephone conversations or telephone calls), other communications
(including, but not limited to, inter-and intre-office communications), purchase orders, bills of
CPM-L-000066-23 10/10/2023 4:20:51 PM Pg 20of28 Trans ID: LCV20233087553
lading, bid tabulations, options to purchase, memoranda of agreements, assignments, licenses,
checks, notebooks, data sheets, data processing cards, photographs, tape recordings, transcripts
of records, drawings, catalogs, brochures, and all other information or data, records or
compilations, including all underlying supporting or preparatory material, and all other written or
printed matter of any kind,
Preview
CPM-L-000066-23 10/10/2023 4:20:51PM Pglof2 Trans ID: LCV20233087553 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: ThomasJ. Underwood, Jr., Esquire Bar ID#023691997 Edmund Peny, Esquire Bar ID#017952005 20 East Taunton Road, Suite 403 Bedin, NJ 08009 (856) 767-6800 Attomeys for Plaintiff, West American Insurance Company NARRAGANSETT BAY INSURANCE CO. a/sio HELEN BRUTSCHEA SUPERIOR COURT OF NEW JERSEY LAW DIVISION - CAPE MAY COUNTY Plaintiff, CIVIL ACTION Vv. DOCKET NO. CPM-L-66-23 RITA KLINEBURGER AND RICHARD F. : KLINEBURGER III AND JOHN DOE AND HELM HOME IMPROVEMENT, LLC. Defendants WEST AMERICAN INSURANCE CO., DOCKET NO. CPM-L-000188-23 a/s/o RITA KLINEBURGER AND RICHARD F. KLINEBURGER, Plaintiff, NOTICE OF MOTION TO STRIKE THE ANSWER AND AFFIRMATIVE Vv. DEFENSES OF DEFENDANT HELM HOME IMPROVEMENT, LLC: HELM HOME IMPROVEMENT, LLC. Defendant. PLEASE TAKE NOTICE that pursuant to New Jesey Court Rule 4:23-5, the undersigned attomeys on behalf of Plaintiff, West American Insurance Co., will move before the Superior Court of New Jersey, Law Division - Cape May County, located at 9 North Main Street, Cape May Courthouse, New Jersey on November 3, 2023 at 9:00 am., for an Order Striking the CPM-L-000066-23 10/10/2023 4:20:51PM Pg2of2 Trans ID: LCV20233087553 Answer and Affirmative Defenses of the Defendant, Helm Home Improvement, LLC for failure to respond to Plaintiff’s discovery requests. PLEASE TAKE FURTHER NOTICE that pursuant Rule 1:6-2, Plaintiff will rely upon the attached certification of counsel and exhibits submitted in support of this motion. A proposed form of Orderis attached hereto. PLEASE TAKE FURTHER NOTICE that Plaintiff requests oral argument on this motion only if it is opposed. LAW OFFICES OF ROBERT A. STUTMAN, P.C. “Fhems} Qk] Date: 10/10/23 BY ThomasJ. Underwood, Jr., Esquire Attomey for Plaintiff, West American Insurance Company CPM-L-000066-23 10/10/2023 4:20:51PM Pglof2 Trans ID: LCV20233087553 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: Thomas J. Underwood, Jr., Esquire Bar ID# 023691997 Edmund Perry, Esquire Bar ID# 017952005 20 East Taunton Road, Suite 403 Berlin, NJ 08009 (856) 767-6800 Attorneys for Plaintiff, West American Insurance Company NARRAGANSETT BAY INSURANCE CO. a/s/o HELEN BRUTSCHEA SUPERIOR COURT OF NEW JERSEY LAW DIVISION - CAPE MAY COUNTY Plaintiff, CIVIL ACTION V. DOCKET NO. CPM-L-66-23 RITA KLINEBURGER AND RICHARD F. : KLINEBURGER III AND JOHN DOE AND HELM HOME IMPROVEMENT, LLC. Defendants WEST AMERICAN INSURANCE CO., DOCKET NO. CPM-L-000188-23 a/s/o RITA KLINEBURGER AND RICHARD F. KLINEBURGER, Plaintiff, V. ORDER HELM HOME IMPROVEMENT, LLC. Defendant. THIS MATTER, having been raised before the Court by Plaintiff, West American Insurance Company upon Plaintiff's Motion pursuant to Rule 4:23-5 to Strike the Answer and Affirmative Defenses of Defendant, Helm Home Improvement, LLC for failure to respond to Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents, and CPM-L-000066-23 10/10/2023 4:20:51PM Pg2of2 Trans ID: LCV20233087553 the Court having considered the moving papers submitted herein and any opposition thereto, and for good cause shown; IT IS on this day of , 2023; ORDERED that Plaintiff's Motion be, and hereby is, GRANTED; and it is further ORDERED that the Answer and Affirmative Defenses of Defendant, Helm Home Improvement, LLC, in the matter captioned West American Insurance Company v. Home Helm Improvement, LLC, Docket No. CPM-L-000188-23, are hereby stricken without prejudice for failure to respond to Plaintiff's First Set of Interrogatories and First Set of Requests for Production of Documents; and it is further ORDERED that a copy of this Order be served upon all counsel of record within seven days of the date hereof. JSC. This Motion was: ( ) OPPOSED ( ) UNOPPOSED CPM-L-000066-23 10/10/2023 4:20:51PM Pglof4 Trans ID: LCV20233087553 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: ThomasJ. Underwood, Jr., Esquire Bar ID#023691997 Edmund Peny, Esquire Bar ID#017952005 20 East Taunton Road, Suite 403 Bedin, NJ 08009 (856) 767-6800 Attomeys for Plaintiff, West American Insurance Company NARRAGANSETT BAY INSURANCE CO. a/sio HELEN BRUTSCHEA SUPERIOR COURT OF NEW JERSEY LAW DIVISION - CAPE MAY COUNTY Plaintiff, CIVIL ACTION Vv. DOCKET NO. CPM-L-66-23 RITA KLINEBURGER AND RICHARD F. : KLINEBURGER III AND JOHN DOE AND HELM HOME IMPROVEMENT, LLC. Defendants WEST AMERICAN INSURANCE CO., DOCKET NO. CPM-L-000188-23 a/s/o RITA KLINEBURGER AND RICHARD F. KLINEBURGER, Plaintiff, CERTIFICATION OF COUNSEL IN SUPPORT OF PLAINTIFF’S MOTION TO STRIKE THE ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT HELM HOME HELM HOME IMPROVEMENT, LLC. IMPROVEMENT, LLC Defendant. I, THOMAS J. UNDERWOOD, JR., ESQUIRE, do hereby certify as follows: 1. Lamanattomey at lawin the State of New] ersey and am an associate with the Law Offices of Robert A. Stutman, P.C., attomeys for Plaintiff, West American Insurance Company (hereinafter “West American”) in the above captioned consolidated matter. CPM-L-000066-23 10/10/2023 4:20:51PM Pg2of4 Trans ID: LCV20233087553 2. lTamtheattomey primanily responsible for the handling of this matteron behalf of Plaintiff, West American. As such, I am fully familiar with the facts stated herein. 3. I make this certification in support of West American's Motion to Strike the Answer and. Affirmative Defenses of Defendant, Helm Home Improvement, LLC (hereinafter “Helm” or “Defendant”) for failure to respond to discovery and hereby rely upon this certification and the exhibits attached hereto. 4. This is asubrogation action that arises froma May 11, 2021 fire that originated in the home of West American’ s insureds, Rita and Richard Klineburger located at 629 Columbia Avenue in Cape May, New Jersey. 5. The May 11, 2021 fire also damaged an adjacent property located at 627 Columbia Avenue owned by Helen Brutshea who was insured by Plaintiff, Narragansett Bay Insurance Company (“Narragansett”). 6. At the time of the fire, the Klineburger Property was undergoing a renovation project. Shortly before the fire occurred, Defendant Helm reportedly had been performing demolition work in the Klineburger property. 7. Plaintiff alleges that Defendant Helm caused the fire through its negligence. 8. By Complaint dated February 14, 2023, Narragansett as subrogee of Helen Brutshea, filed suit against West American’ s insureds. Narragansett subsequently amended its Complaintto add Helmas an additional defendant. That matter was assigned docket number, CPM-L-66-23. 9. West American then instituted its action against Helm by Complaint filed May 12, 2023. That matter was assigned docket number CPM-L-000188-23. 10. On September 25, 2023 an Order was entered consolidating the two cases. CPM-L-000066-23 10/10/2023 4:20:51PM Pg3of4 Trans ID: LCV20233087553 11. By letter dated July 13, 2023, West American served a First Set of Interrogatories and Requests for Production of Documents upon Defendant Helm. True and comect copies of Plaintiff’ s counsel’ s cover letter and the enclosed discovery requests are attached hereto as Exhibit “nN? 12. Defendant Helm failed to provide responses to those discovery requests within the time period required by the Court Rules. 13. On September6, 2023, I sent a letter to Defendant Helm’s counsel informing him of his client's failure to respond to the discovery requests or to request an extension of time to serve responses. The letter also informed Defendant’ s counsel thatif responses were not provided within 10 days of receipt of the letter, West American would bring the matter to the Coutt’s attention. A true and correct copy of Plaintiff’ s counsel’ s September6, 2023 letter is attached hereto as Exhibit “By 14. To date, Defendant Helm has failed to provide responses to West American’ s First Set of Interrogatories and First Set of Requests for Production of Documents. 15. Plaintiff, West American, is not in default with regard to any discovery requests served upon it by the Defendant, Helm. 16. As such, West American respectfully requests that the Court enter an Order pursuant to R. 4:23-5 striking the Answer and Affirmative Defenses of Defendant, Helm Home Improvement, LLC for failure to respond to West American's First Set of Interrogatories and First Set of Requests for Production of Documents. Thereby certify that the foregoing statements made by me are true and accurate to the best of my knowledge. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. CPM-L-000066-23 10/10/2023 4:20:51PM Pg4of4 Trans ID: LCV20233087553 LAW OFFICES OF ROBERT A. STUTMAN, P.C. Fluems) Cactuwon Date: 10/10/23 BY ThomasJ. Underwood, Jr., Esquire Attomey for Plaintiff, West American Insurance Company CPM-L-000066-23 10/10/2023 4:20:51PM Pglof2 Trans ID: LCV20233087553 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: ThomasJ. Underwood, Jr., Esquire Bar ID#023691997 Edmund Peny, Esquire Bar ID#017952005 20 East Taunton Road, Suite 403 Bedin, NJ 08009 (856) 767-6800 Attomeys for Plaintiff, West American Insurance Company NARRAGANSETT BAY INSURANCE CO. a/sio HELEN BRUTSCHEA SUPERIOR COURT OF NEW JERSEY LAW DIVISION - CAPE MAY COUNTY Plaintiff, CIVIL ACTION Vv. DOCKET NO. CPM-L-66-23 RITA KLINEBURGER AND RICHARD F. : KLINEBURGER III AND JOHN DOE AND HELM HOME IMPROVEMENT, LLC. Defendants WEST AMERICAN INSURANCE CO., DOCKET NO. CPM-L-000188-23 a/s/o RITA KLINEBURGER AND RICHARD F. KLINEBURGER, Plaintiff, Vv. CERTIFICATION OF SERVICE HELM HOME IMPROVEMENT, LLC. Defendant. I, THOMASJ. UNDERWOOD, JR., ESQUIRE, do hereby certify that on the 10° day of October, 2023, I caused to be forwarded the within Notice of Motion, Certification of Counsel, Proposed Form of Order and all other supporting documents via E-Filingto the Superior Court of New Jersey, Law Division-Cape May County, and, on the same date, to the following patties via E-Filing only: CPM-L-000066-23 10/10/2023 4:20:51PM Pg2of2 Trans ID: LCV20233087553 Andrew Sklar, Esquire Stephen Sobocinski, Esquire Sklar Law, LLC Zirulnik Demille & Vilacha 20 Brace Road, Suite 205 56 Livingston Avenue, Suite 400 Chemy Hill, NJ 08034 Roseland, NJ 07068 Ph. 856-258-4050 Ph: 973-503-6261 andy@sklarlaw.com Attomey for Defendant, Helm Home Attomey for Narragansett Bay Insurance Construction Company John Mastronardi i Mutual Insurance Companies Ph: (856) 355-4223 Attomey for Defendants/Third Party Plaintiffs Rita and Richard Klineburger LAW OFFICES OF ROBERT A. STUTMAN, P.C. BY: Flom J CQockeninch Q7 ThomasJ. Underwood, Jr., Esquire Attomey for Plaintiff, West American Insurance Company CPM-L-000066-23 10/10/2023 4:20:51 PM Pglof28 Trans ID: LCV20233087553 Exhibit A CPM-L-000066-23 10/10/2023 4:20:51 PM Pg2of28 Trans ID: LCV20233087553 STUTMAN ThomasJ. Underwood, Jr. Thomas Paolini underwoodt@ stutmanlaw.com Managing Attorney July 13, 2023 VIA EMAIL Stephen G. Sobocinski, Esq. ZIRULINIK, DEMILLE & VILACHA 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 Re: West American Insurance Company, et al. v. Helm Home Improvement, LLC Superior Court of New Jersey, Law Division, Cape May County Docket No.: CPM-L-000188-23 Dear Counsel: Enclosed please find Plaintiff’ s First Set of Interrogatories and Requests for Production of Documents directed to Defendant, Helm Home Improvement, LLC, in regard to the above- referenced matter. Please provide your client’s Answers to the Interrogatories and Responses to the Requests within the time provided by the Court Rules. Very truly yours, ThomasJ. Underwood, Jr. TJU/kk Enclosures Law Offices of Robert A. Stutman, P.C. 20 East Taunton Road, Suite 403, Berlin, NJ 08009 Phone 856.767.6800 - Fax 856.767.6810 www.stutmanlaw.com Offices Nationmide Toll-Free 866.642.2303 CPM-L-000066-23 10/10/2023 4:20:51 PM Pg3of28 Trans ID: LCV20233087553 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: ThomasJ. Underwood, Jr., Esquire, Bar1.D. Number 02369-1997 Edmund Peny, Esquire, Bar 1.D. Number 01795-2005 20 East Taunton Road, Suite 403 Bedin, New Jersey 08009 Telephone: (856) 767-6800 Facsimile: (856) 767-6810 Attomeys for the Plaintiff, West American Insurance Company WEST AMERICAN INSURANCE SUPERIOR COURT OF NEW JERSEY COMPANY @/s/o Richard and Rita LAW DIVISION - CAPE MAY COUNTY Klineburger Civil Action Plaintiff, DOCKET NO.: CPM-L-000188-23 Vv. HELM HOME IMPROVEMENT, LLC Defendant. PLAINTIFF, WEST AMERICAN INSURANCE COMPANY'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT, HELM HOME IMPROVEMENT, LLC PLEASE TAKE NOTICE that the undersigned attomeys for the Plaintiff hereby demand that Defendant, Helm Home Improvement, LLC (hereinafter refered to as “Defendant”), answer the following interrogatories in the manner and within the time prescribed by the Court Rules. These interrogatories shall be deemed to be continuing and it is required that Defendant serve upon Plaintiff, by supplemental answers, any information requested herein which becomes available to any attomey, agent or representative of Defendant prior to the trial of this matter. Defendant is instructed that: INSTRUCTIONS 1 The information requested herein is not restricted to Defendant’s personal knowledge, but includes information in the possession of Defendant’s employees, officers, CPM-L-000066-23 10/10/2023 4:20:51 PM Pg4of28 Trans ID: LCV20233087553 agents, representatives, and attomeys and extends to information which Defendant or Defendant’s attomeys can obtain upon reasonable inquiry. These interrogatories shall be deemed continuing so as to require supplemental answers to be filed promptly upon obtaining further information between the time answers are served and the time of trial or if Defendantor Defendant’ s attomey should obtain the information that the answer was incorrect or that which were made becomes no longer true. 2. Each intemogatory must be answered separately and fully in writing and under 3. If the information requested is not known or reasonably available in the precise form and scope requested, or for the particular date or period specified, but can be supplied partially, in a modified form or for a different but relevant date or period, set forth the best information available together with a statement of the reasons that the answer is not completely responsive to the Interrogatory, together with the identity of any document or sources from which more complete information is attainable. 4 Whenever an interogatory calls for information with respect to “each” one of a particular type of occurrence, communication, or other matter of which more than one exists, identify separately, and in chronological order, each instance of the occurrences, communications or other matters referred to, and provide for each such instance, all of the information called for immediately following such identification. 5. To the extent that Defendant believes any of the intenogatories calls for information contained in documents or communications subject to a claimed privilege, answer so much of such interogatory or interrogatories, and each part thereof, as does not request, in Defendant’s view, allegedly privileged information, and identify each such document and/or CPM-L-000066-23 10/10/2023 4:20:51 PM Pg5of28 Trans ID: LCV20233087553 communication and set forth the basis for your claim of privilege with respect to the information which you refuse to fumish. 6. To the extent that Defendant believes that any of the intemogatories is objectionable, answer so much of each such intemogatory, and each part thereof as is not, in Defendant’ s view, objectionable, and separately state so much of that part of each interrogatory as to which Defendant raises an objection, and each ground for each such objection. 7. When referring to a fact or conclusion, give all the circumstances upon which the fact or conclusion is based, or which touch upon the same. 8. Tn answering each intemogatory, identify the persons consulted in preparing the particular response, and if different, the persons most familiar with the facts concemed. Upon producing copies of documents, each document produced should be given a consecutive identification number. The number should be placed in the lower right-hand comer of each document. Defendant is requested to indicate which of the numbered documents responds to each question which calls for the production of copies of documents. Corresponding to the numbers provided, please also provide the name, author, date and the current or last known address and employment of the custodian thereof. DEFINITIONS 1 “Document” or “Documents” refers to any printed, written, taped, recorded, graphic, computerized print-out or other tangible matters, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither, including, but not limited to, the original, a copy (if the original is not available) and all non- identical copies (whether different from the original because of notes made on or attached to such copy or otherwise), of any and all writings, correspondence, drawings, site plans, letters, CPM-L-000066-23 10/10/2023 4:20:51 PM Pg6of28 Trans ID: LCV20233087553 telegrams, e-mails, cables, adjusting entries, subsidiary documents and schedules, contracts, proposals, agreements, minutes, notes, memoranda, analyses, projections, work papers, books, Papers, records, reports, diaries, vouchers, acknowledgements, confirmatory memoranda, statements, questionnaires, books of account, calendars, graphs, charts, transcripts, ledgers, registers, work sheets, summaries, digests, financial statements, messages including, but not limited to, reports of telephone conversations or telephone calls), other communications (including, but not limited to, inter-and intre-office communications), purchase orders, bills of lading, bid tabulations, options to purchase, memoranda of agreements, assignments, licenses, of records, drawings, catalogs, brochures, and all other information or data, records or compilations, including all underlying supporting or preparatory material, and all other written or printed matter of any kind, or any other and all data, compilation from which information can be obtained and translated if necessary, however produced or reproduced, now in your possession, custody or control, or available to you, your counsel, accountants, agents, representatives or associates, within or outside the State of New Jersey. 2. When asked to “identify” or “for the identity” of any natural person, set forth the full name and present or last known business or residential address of such person; his or her present or last known business affiliation; his or her present or last known telephone number, with the area code; and his or her position in business affiliation, including a description of his or her duties or responsibilities at the time of or during the period in question. 3. When asked to “identify” or “for the identity” of any entity other than a natural person, set forth its full name or title; address, telephone number with area code; date and jutisdiction under the laws of which it was organized or incorporated, or, in the case of an entity CPM-L-000066-23 10/10/2023 4:20:51 PM Pg7of28 Trans ID: LCV20233087553 other than a corporation, state the type of organization, the names of its members, and the date and place of its organization; and the identity ofall persons who acted or who authorized another to act on its behalf, in connection with the matters referred to. 4. When asked to “identi ” or “disclose the identity” of a document, you are required to fumish a copy of each such document in lieu of identifying the same, in the manner set forth in the preceding instructions. When fumishing a copy of a document, specify the Intenogatory being answered in this manner, and identify the document so supplied to show the Interogatory to which the document relates. If a copy of a particular document is not available, then set forth its date and general type of category; the identity of its author, and each person who aided or assisted in its preparation, including persons who contributed information contained in or submitted for use in such document; the identity of each addressee and other distributee to whom the document was directed, distributed, and by whom it was received, read, or both, the identity of its last known location or custodian; the reason or reasons for the inability to locate such document, and the circumstances of its unavailability; if the document is no longer in your possession or control, and the circumstances of its disposition are known, set forth the date and circumstances of its disposition thereof, as well as the identity of the person or entity to whom custody or possession was given; and its subject matter or substance. 5. When asked to “identify” or “for the identity” of an oral communication, set forth the date and placed thereof, or, in the case of a telephone conversation, so indicate and state the Places at which the parties thereto were located at the time thereof; the identity of each person participating in or who was present during or otherwise heard such communication; the complete substance of each statement attributed to each person in the sequence that the statements took Place, or to the extent the foregoing particulars are not known or subject to reasonable CPM-L-000066-23 10/10/2023 4:20:51 PM Pg 8of28 Trans ID: LCV20233087553 ascertainment, the subject matter of such communication and as many of the requested particulars as are known or ascertainable; and identify, in accordance with the prior definitions herein, all documents which may have been prepared on the basis of, as a consequence of, or which contain information relative to the specific details, such matter or substance thereof. 6. When asked to describe or for the description of any act, occurrence, occasion, conference, discussion, instance or event, set forth the date, time and place thereof; the identity of each person who participated therein, or was a witness thereto; in chronological sequence, the actions, statements, utterances, and course of conduct of each such person, together with anything else that transpired; and the identification of each communication or document which refers thereto, or which was prepared or made during the course thereof, or as a result thereof. 7. The term “communication” or “communicate” includes or requests information relating to all oral communications and documents (as hereinabove defined), whetheror not any such document, or the information contained therein, was transmitted by its author to any other persons. 8. “Services” are defined to mean useful labor that does not produce a tangible commodity; the performing of any business function auxiliary to production or distribution; the repair and/or maintenance of goods; the performance of labor at the request and for the benefit of another. 9. The term “person” means any natural person, corporation, partnership, association, govemmental agency or department or other entity of any kind. 10. The tems “you”, “your” and “yourself” means Defendant, Helm Home Improvement, LLC (“Defendant”) and any and all other persons acting or purportingto act on its behalf including but not limited to counsel. CPM-L-000066-23 10/10/2023 4:20:51 PM Pg9of28 Trans ID: LCV20233087553 11. The terms “evidencing,” “relate,” “relates,” “related to,” “relation to,” and “relating to” mean conceming, constituting, dealing with, describing, disclosing, discussing, explaining, pertaining to, refening to, reflecting, regarding, setting forth, showing, or summarizing in any way either directly or indirectly, and either in whole or in part. 12. The term “Plaintiff” shall mean West American Insurance Company (“Plaintiff”) and its present and former officers, directors, employees, shareholders, agents and representatives and any and all other persons acting or purporting to act on its behalf including but not limitedto counsel. 13. The term “Premises” and “Premises” mean the property located at 629 Columbia Avenue, Cape May, New Jersey. 14. The term “Incident” shall refer to the fire at the Premises that occurred on May 11, 2021. 15. “Plaintiff” s Insureds” shall mean Richard and Rita Klineburger. 16. “Loss” or “Losses” shall referto the damage that occurred at the Premises on or about May 11, 2021, as alleged in Plaintiff’ s Complaint. INTERROGATORIES 1 Identify the individual or individuals answering these interrogatories and describe his or her relationship to the Defendant. ANSWER: 2. State the name, job title, current employer and business address of the person with most knowledge of the work or services provided by the Defendant at the Premises. ANSWER: CPM-L-000066-23 10/10/2023 4:20:51PM Pg10of28 Trans ID: LCV20233087553 3. Identify any individuals with knowledge of the work performed by the Defendant at the Premises in the five-year period prior to the Incident and/or with knowledge of the Incident. ANSWER: 4. For each individual listed in response to the foregoing intenogatory, state whether you or your representatives have secured a statement in any form. If yes, please attach a copy of said statement if written or electronic or transcription of said statement if recorded. ANSWER: 5. Please identify by name, address and professional credentials each and every expert witness you intend to call in support of this case at the time of trial. ANSWER: 6. With respect to each individual, identified in response to the foregoing interrogatory, state the facts known and opinions held by each such expert and attach hereto a copy of the opinion report preparedby said expert. ANSWER: CPM-L-000066-23 10/10/2023 4:20:51PM Pg1lof28 Trans ID: LCV20233087553 7. Identify by name, address, telephone number and job title or classification of each and every witness you expect to testify on your behalf at the trial of this matter. ANSWER: 8. Please identify every document or other tangible thing that you intend to use as an exhibit or to show to the trier of fact at the trial of this matter, regardless of whether you intend to admit it, use it for cross-examination or demonstrative purposes. ANSWER: 9. If an inspection or examination of the subject Premises has been conducted with the purpose or result of determining possible causes of the Incident, please state: a The name and address of each person conducting or participating in each such. inspection or examination; The date upon which and the places at which each such inspection or examination took place; Describe in full the findings, results and conclusions of each such inspection or examination. ANSWER: CPM-L-000066-23 10/10/2023 4:20:51PM Pg12of28 Trans ID: LCV20233087553 10. Identify each occasion when the Defendant performed work or services at the Premises in the five-year period prior to and including May 11, 2021. For each occasion, identify: a The date of the work or service; b. The nature of the work or service; Cc. The individual(s) who performed the work or service. ANSWER: 11. Identify the individual or individuals who supervised, inspected and/or approved the work identified in the previous interogatory. ANSWER: 12. Identify any and all individuals or entities that you employed or contracted with to perform work at the Premises on May 11, 2021. ANSWER: 13. Describe any and all policies, written practices, written procedures, company and professional standards, codes, and/or industry regulations that apply, or which you claim to have CPM-L-000066-23 10/10/2023 4:20:51PM Pg13of28 Trans ID: LCV20233087553 followed during the demolition and/or construction work performed at the Premises on May 11, 2021. ANSWER: 14. State why you believe Defendant is not at fault or liable for the damages at issue in this case. ANSWER: 15. State with specificity all facts which support any affirmative defenses raised by your response to Plaintiffs’ Complaint. ANSWER: 16. Identify the name and address of any party potentially responsible for the Incident not already named as a party to the present lawsuit and state why you believe they are responsible. ANSWER: 17. Identify the carrier, policy number and coverage limits of any liability insurance policy applicable to Plaintiff’ s claims. ANSWER: CPM-L-000066-23 10/10/2023 4:20:51PM Pg14of28 Trans ID: LCV20233087553 18. Identify all tools or equipment utilized to perform cutting or demolition work at the Premises on May 11, 2021 ANSWER: 19. Identify all safety precautions taken by you to prevent the ignition of a fire during the course of any work performed at the Premises on May 11, 2021 ANSWER: LAW OFFICES OF ROBERT A. STUTMAN, P.C. Flom. s) Coke Eh Date: July 13, 2023 ThomasJ. Underwood, Jr., Esquire 20 East Taunton Rd., Suite 403 Badin, NJ 08009 856-767-6800 ext. 14 underwoodt@stutmanlaw.com Attorney for Plaintiff CPM-L-000066-23 10/10/2023 4:20:51PM Pg15of28 Trans ID: LCV20233087553 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: ThomasJ. Underwood, Jr., Esquire, Bar1.D. Number 02369-1997 Edmund Peny, Esquire, Bar 1.D. Number 01795-2005 20 East Taunton Road, Suite 403 Bedin, New Jersey 08009 Telephone: (856) 767-6800 Facsimile: (856) 767-6810 Attomeys for the Plaintiff, West American Insurance Company WEST AMERICAN INSURANCE SUPERIOR COURT OF NEW JERSEY COMPANY @/s/o Richard and Rita LAW DIVISION - CAPE MAY COUNTY Klineburger Civil Action Plaintiff, DOCKET NO.: CPM-L-000188-23 Vv. HELM HOME IMPROVEMENT, LLC Defendant. CERTIFICATE OF SERVICE I, ThomasJ. Underwood, Jr., hereby certify that I caused to be served a copy of Plaintiff, West American Insurance Company’ s First Set of Interrogatories and Requests for Production of Documents to Defendant, Helm Home Improvement, LLC, on the following Defense Counsel via email on July 13, 2023: Stephen G. Sobocinski, Esq. ZIRULNIK, DEMILLE & VILACHA 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 Attorneys for Defendant, Helm Hone Improvement, LLC LAW OFFICES OF ROBERT A. STUTMAN, P.C. Flom \Q Len Eh BY ThomasJ. Underwood, Jr., Esquire Attomey for Plaintiff CPM-L-000066-23 10/10/2023 4:20:51PM Pg16of28 Trans ID: LCV20233087553 LAW OFFICES OF ROBERT A. STUTMAN, P.C. By: ThomasJ. Underwood, Jr., Esquire, Bar1.D. Number 02369-1997 Edmund Peny, Esquire, Bar 1.D. Number 01795-2005 20 East Taunton Road, Suite 403 Bedin, New Jersey 08009 Telephone: (856) 767-6800 Facsimile: (856) 767-6810 Attomeys for the Plaintiff, West American Insurance Company WEST AMERICAN INSURANCE SUPERIOR COURT OF NEW JERSEY COMPANY @/s/o Richard and Rita LAW DIVISION - CAPE MAY COUNTY Klineburger Civil Action Plaintiff, DOCKET NO.: CPM-L-000188-23 Vv. HELM HOME IMPROVEMENT, LLC Defendant. PLAINTIFF, WEST AMERICAN INSURANCE COMPANY’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANT, HELM HOME IMPROVEMENT, LLC PLEASE TAKE NOTICE that the undersigned attomeys for the Plaintiff hereby demand that Defendant, Helm Home Improvement, LLC (hereinafter refered to as “Defendant’), produce the below listed documents, items and/or tangible things for purposes of inspection and copying. Said documents and/or tangible things are to be produced at the Law Offices of RobertA. Stutman, P.C., 20 East Taunton Road, Suite 403, Berlin, New Jersey, within the time prescribed by the Court Rules and supplemented thereafter in accordance with the Court Rules. These Requests shall be deemed to be continuing and it is required that Defendant serve upon Plaintiff, by supplemental responses, any information or documentation requested herein CPM-L-000066-23 10/10/2023 4:20:51PM Pg17of28 Trans ID: LCV20233087553 which becomes available to any attomey, agent or representative of Defendant prior to the trial of this matter. Defendant is instructed that: INSTRUCTIONS 1 These requests seek the disclosure of information, if any, which supports the Defendant's allegations and defenses in this litigation and the Plaintiff will seek a preclusionary order barring the admission of any evidence at trial which is not fully set forth in the responsesto these requests. 2. These requests are deemed to be continuing so as to require the filing of supplemental responses in the event Defendant or its representatives (including counsel) obtain additional documents not previously produced in response to the requests set forth herein. Such supplemental responses may be filed from time to time but not later than thirty days after such further documents are received. 3. Defendant is requested to fumish all documents which are available to Defendant, including information in the possession of Defendant’s attomey, accountants, agents, investigators, representatives, officers, employees, directors or anyone acting in cooperation or concert with Defendant, including experts consulted or retained by Defendant. If Defendant camnot produce any document in full after exercising due diligence to secure the documentation, Please so state and provide any documents to the extent possible, specifying any inability to provide the remainder of such documents to the extent possible, specifying any inability to provide the remainder of such documents and stating all information and knowledge presently available to Defendant conceming the documents which Defendant failed to provide. CPM-L-000066-23 10/10/2023 4:20:51PM Pg18of28 Trans ID: LCV20233087553 4. Each request for a document or documents shall be deemed a call for the production of the original document or documents. In addition, each request should be considered as including all copies, and to the extent applicable, preliminary drafts of documents which as to content, differ in any respect from the original orfinal draft, or from each other (e.g., by reason of hand-written notes or comments having been added to one copy of the document but not on the original or other copies thereto). 5. Each Request is to be responded to separately and as completely as possible. The fact that an investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to respond as fully as possible. 6. If Defendant claims that any source of information responsive to any request herein has been lost or destroyed, describe and identify each such document by stating in writing: (a) the name of the author, the names of the persons who received the original and all copies, and the date and subject matter; (b) the circumstances under which each document was lost or destroyed; and (c) Defendant’s efforts to locate each such document. 7. Each document produced to Defendant’s response to these requests should be given a consecutive identification number. The number should be placed in the lower right hand comer of each document. Upon producing the documents, Defendant is requested to indicate in an appropriate manner, which of the numbered paragraphs describes each document produced, by listing the documents that are responsive to each paragraph of the Request. 8. As to any information or document which Defendant refuses to produce under a claim of privilege identify set forth and describe: (a) each person who prepared orparticipatedin the preparation of the original document or the communication at issue; (b) each person shown on the document as a recipient of the original or a copy and each person who actually received CPM-L-000066-23 10/10/2023 4:20:51PM Pg19of28 Trans ID: LCV20233087553 the original or copy of the document or who was present or participated in the communicationat issue; (c) each person present at a meeting, conference, telephone conference, or other communication for which the document constitutes; in whole or in part, a summary, minutes or other records; (d) the date of the document or communication; (e) a brief description of the nature and the subject matter of the document or communication; (f) the nature of the privileged claim; (g) the statute, rule or decision which is claimed to give rise to the privilege; (h) the last known custodian of the document and the present location of the document; (i) attachmentsto the document; (j) the number of pages comprising the document; and (k) whether the document is handwritten, typewritten or otherwise prepared. DEFINITIONS 1 “Document” or “Documents” refers to any printed, written, taped, recorded, graphic, computerized print-out or other tangible matters, from whatever source, however produced or reproduced, whether in draft or otherwise, whether sent or received, or neither, including, but not limited to, the original, a copy (if the original is not available) and all non- identical copies (whether different from the original because of notes made on or attached to such copy or otherwise), of any and all writings, correspondence, drawings, site plans, letters, telegrams, e-mails, cables, adjusting entries, subsidiary documents and schedules, contracts, proposals, agreements, minutes, notes, memoranda, analyses, projections, work papers, books, Papers, records, reports, diaries, vouchers, acknowledgements, confirmatory memoranda, statements, questionnaires, books of account, calendars, graphs, charts, transcripts, ledgers, registers, work sheets, summaries, digests, financial statements, messages including, but not limited to, reports of telephone conversations or telephone calls), other communications (including, but not limited to, inter-and intre-office communications), purchase orders, bills of CPM-L-000066-23 10/10/2023 4:20:51 PM Pg 20of28 Trans ID: LCV20233087553 lading, bid tabulations, options to purchase, memoranda of agreements, assignments, licenses, checks, notebooks, data sheets, data processing cards, photographs, tape recordings, transcripts of records, drawings, catalogs, brochures, and all other information or data, records or compilations, including all underlying supporting or preparatory material, and all other written or printed matter of any kind,