Loading...
HomeMy WebLinkAbout01-04011Pidlb~LitigafionALititz Y~utual houianec CompamV.itifz N[umel StewnrtVCOmplaint.dou -6!20/OI LD:44 AM .. ~ DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. DI -1/61/ COMPLAINT NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice aze served, by entering a written appearance personally, or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE,- GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 1703 717-249-3166 or800-990-9108 AND NOW, comes the Plaintiff, David Stewart, t/a Stewart Associates, by his attorneys, Buzgon Davis Law Offices, and files the within Complaint, averring as follows: 1. Plaintiff, David Stewart, t/a Stewart Associates, is an adult individual who resides at 109 Strayer Drive, Carlisle, Pennsylvania, 17013. 2. Defendant, Jacob P. Albert, IV, is an adult individual who has a business address of 1 Connie Drive, Mechanicsburg, Pennsylvania, 17055. 3. Defendant, Dauid Heckard, is an adult individual who has a business address of 1 Connie Drive, Mechanicsburg, Pennsylvania, 17055. 4. As of December 18, 1999, Defendants, Jacob P. Albert, IV, and David Heckard, were the owners of a property located at 50 West High Street, Carlisle, Pennsylvania. 5. Defendants were required to comply with the 1990 BOCA National Building Code, which had been adopted by the Borough of Carlisle in 1990. 6. Defendants were required to comply with the 1990 BOCA Fire Prevention Code, which had been adopted by the Borough of Carlisle in 1990. 7. Defendants acquired the property sometime prior to 1993. 8. In or about 1993, Defendants, Jacob P. Albert, IV and David Heckard, undertook building renovations to the 50 West High Street property. -2- 9. In conjunction with those renovations, Defendants or their authorized representatives submitted a plan to the Department of Labor and Industry. 10. The aforesaid Plan included the installation of smoke and heat detectors in the area of a contemplated restaurant. 11. The plans were submitted to the Department of Labor and Industry in accordance with the requirements of Pennsylvania law. 12. Under Pennsylvania law, Defendants were required to perform the building renovations in accordance with the plans approved by the Department of Labor and Industry. 13. Upon information and belief, Defendants did not install and/or insure the continued operation of the smoke and heat detectors in the property. 14. At the time of the fire on December 18, 1999, Defendants had not secured the approval of the Department of Labor and Industry, which approval would have included demonstration that operable and appropriate smoke and heat detectors were in the first floor area of the 50 West High Street property. 15. Furthermore, Defendants had not installed a sprinkler or other fire suppression system in the property. 16. On December 18, 1999, a fire originated in the restaurant area in the first floor of Defendant's building. 17. The fire spread to adjoining premises owned by Plaintiff and located at 52-58 West High Street, Carlisle, Pennsylvania. 18. Defendants' failure to install a sprinkler or other fire suppression system allowed the fire to spread to adjoining properties without being extinguished or controlled. -3- 19. Furthermore, because of the lack of operable smoke and heat detectors, the fire was allowed to burn and spread undetected within the restaurant azea and Defendants' premises for a significant period of time. 20. The fire was not discovered until it had spread to other areas of the building, thus increasing the risk that the fire would continue to spread to Plaintiffs property before fire fighting activities could be undertaken. 21. The failure of the Defendants to have smoke and heat detectors installed in the building increased the risk that the fire, originating within the first floor of the premises, would spread to Plaintiff s property before it could be controlled through fire fighting activities. 22. As a result of the fire, Plaintiffs building was destroyed, causing Plaintiff to incur various damages, including, but not limited to: (a) loss of the fair market value of the property, which was destroyed; (b) demolition and debris removal; (c) business interruption and loss of rental income; and (d) other substantial damages. 23. The negligence of Defendants was a substantial factor in causing Plaintiff's damages, which negligence consisted of the following actions or inactions: (a) Failure to install a sprinkler system or other fire suppression system; (b) Violation of the provisions of the BOCA National Building Code of 1990, which Code was adopted in the Borough of Cazlisle, including Articles 3 and 10, by failing to install an automatic fire suppression system; -4- (c) Failing to install smoke detectors, heat detectors or other fire sensing devices in the first floor of the property; (d) Failing to insure the continued operation of the smoke and heat detectors; (e) Failing to secure approval for the installation in accordance with the plans and specifications of the Department of Labor and Industry; (f) Violation of the provisions of 34 Pa.Code Chapters 50 and 55 and related provisions; (g) Violation of the provisions of Title 35, including §§1228 and 1229; (h) Violation of the provisions of the BOCA National Fire Prevenfion Code of 1990, which Code was adopted in the Borough of Carlisle, including Article 5 and related sections; (i) Failing to insure that smoke and heat detectors, in accordance with the plans submitted to the Department of Labor and Industry, were installed, operable and effective as of the date of the fire; (j) Failing to install an automatic fire alarm system; and (k) Failing to secure approval for renovations or work at the property, by the applicable code enforcement officer or authority. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in his favor in an amount in excess of Twenty-Five Thousand Dollars ($25,000), plus interest and costs of suit. BUZGON I~AVIS LAW OFFICES BY: 1 , '~~'''1 Timo J. Huber, Esquire-Attorney LD. #47231 525 South Eighth Street-Post Office Box 49 Lebanon, PA 17042-0049 (717)274-1421 Attorneys for Plaintiff VERIFICATION I, SCOTT LUTZ, do hereby verify that I am the Director of Claim Operations of Lititz iVlutuai Insurance Company, ~ d that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my personal knowledge, information and belief and that I am authorized to and make this Verification for and on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsifications to authorities. OTT LUTZ Dated: DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF LEBANON ) I, MARYANN MOORE, an employee of the law firm of Buzgon Davis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and-say that I filed on June 26, 2001, in the Office of the Prothonotary of Cumberland County, Pennsylvania, the original COMPLAINT and that I mailed copies by first class, regular mail to Jacob;P. Albert, IV, 1 Connie Drive, Mechanicsburg, PA, 17055 and David Heckard, 1 Connie Drive, Mechanicsburg, PA, 17055. (MA YANN MOORE) Swom to and subscribed before me this 26th day o£June, A.D., 2001. ~~.~~r-e-e~9 Notary Public ~ - „CItlE L ~ Lbauon; y~~ ~1' -iubi Mr cam„ 6rp,~ ry~cO~'~ ~ ~ v (~, N t O ~i a . DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff JACOB P. ALBERT, IV and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW JURY TRIAL DEMANDED ._ ._._. _..,.-~ ~PIfAECIPE F0 ENTl2'i? OF APPEAi~AL~1CE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendants, Jacob P. Albert, IV and David Heckard, in the above matter. Respectfixlly submitted, THOMAS, THOMAS & HAFER, LLP c.~'-\ By: Douglas cello, Esquire 305 Front Street Post Office Box 999 Harrisburg, PA 17108-0999 (717)255-7238 Date: July 16, 2001 :137590.1 ~~ _. - = ~ __ _ O AND NOW, this 16~' day of July, 2001, I hereby certify that I sent a true and correct copy of the foregoing document to the following counsel of record, by placing a copy of same in the United States, first class mail, postage prepaid, addressed as follows: Timothy J. Huber, Esquire Buzgon Davis Law Offices 525 S. 8~' Street P.O. Box 49 Lebanon, PA 17042-0049 (Attorney for Plainti, f~ THOMAS, THOMAS & HAFER, LLP By: ' J Douglas o, Esquire :137591.1 • i SHERIFF'S RETURN - REGULAR CASE N0: 2001-04011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEWART DAVID T/A STEWART ASSO VS ALBERT ROBERT FINK P IV ET AL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE ALBERT JACOB P IV DEFENDANT was served upon the at 2020:00 HOURS, on the 10th day of July 2001 at 1 CONNIE DRIVE MECHANICSHURG, PA 17055 DAVID HECKARD by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 5.85 Affidaviti .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me this .~ day of ~~ 3 i ~? mo l A. D. 7a, pc 1 Px°o onotary '- So Answ(e~rs~: ~~4lnrQ~C ~~_P R. Thomas Kline 07/11/2001 BUZGON DAVIS rT~~ By: Deputy Sheri SHERIFF'S RETURN - REGULAR CASE N0: 2001-04011 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STEWART DAVID T/A STEWART ASSO VS ALBERT JACOB P IV ET AL ROBERT FINK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HECKARD DAVID the DEFENDANT at 2020:00 HOURS, on the 10th day of July 2001 at 1 CONNIE DRIVE MECHANICSBURG, PA 17055 by handing to DAVID HECKARD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before So Answers: ~~~~ R. Thomas Kline 07/11/2001 BUZGON DAMS me this ~7~~ day of 2ya/ A.D. ~-~ ~,, ~_ Pr ~' .ono ~ y~/~' By : ~--, --~/' " ~e u ~~ t y eri DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OI-4011 AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF LEBANON ) I, MARYANN MOORE, an employee of the law firm of Buzgon Davis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and say that I mailed by first class mail on July 23, 2001, the original REQUEST FOR PRODUCTION OF DOCUMENTS OF PLAINTIFF DIRECTED TO DEFENDANTS and PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANTS to Douglas B. Mazcello, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, 6a' Floor, P.O. Box 999, Harrisburg, PA, 17108. m m~ ----(MAR CANN MOORE) Sworn to and subscribed before me this 23rd day of July, A. ., 2001. o Notary Public -dOTAW,u gEAI C°'nmieien ~~~ COU'gy~ ~ rsb. 11, ZppQ ~., ~ Y DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff JACOB P. ALBERT, IV and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW ,= ~ _ - : - ., ; '. , 1\TQ~IO~ '~Q PLEAD TO: David Stewart, t/a Stewart Associates, Plaintiff c/o Timothy J. Huber, Esquire Buzgon Davis Law Offices 525 S. 8`" Street P.O. Box 49 Lebanon, PA 17042-0049 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE- HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. & HAFEIi, LLP By: {xglas B. Marcello, Esquire - 5 North Front Street O. Box 999 Harrisburg, PA 17108 (717)255-7238 _ Attorney for Defendant West Hanover Township Dated: July 24, 2001 S DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff JACOB P. ALBERT, IV and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW AEFENDAIVTS' ANSWER:WITH NEW MATTER TO PLAINTIFF'S COMPLAINT ... AND NOW, Defendants, Jacob P. Albert, IV and David Heckard, by and through their attorneys, Douglas B, Marcello, Esquire and Thomas, Thomas & Hafer, LLP, hereby file the following Answer With New Matter as follows: 1. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 1 and hence they are denied and proof is demanded at time of trial. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that David Heckard and Jacob Albert were owners of the property in 1999. It is denied that they were the sole owners of the property in 1999. Any and all other averments are denied. 5. Denied. The averments of paragraph 5 state a conclusion of law to which no responsive pleading is required, hence it is denied and proof is demanded at time of trial. In the alternative, the averments of paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. The averments of paragraph 6 state a conclusion of law to which no responsive pleading is required, hence it is denied and proof is demanded at time of trial. In the alternative, the averments of paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). 7. Denied as stated. It is admitted that David Heckard and Jacob Albert were two of the purchasers of the property. Any and all other averments, including that they were the sole purchasers, are denied. 8. Denied as stated. As Plaintiff has failed or refused to identify or define the terms "building renovations," answering Defendants are without information or belief as to the truth of the averments of paragraph 8 and hence they are denied and proof is demanded at time of trial. 9. Admitted in part and denied in part. It is admitted that plans were submitted to Labor and Industry in 1993 with regard to the building. Any and all other averments of paragraph 9 are denied and proof is demanded at time of trial. 10. Denied as stated. To the extent the averments of paragraph 10 seek to paraphrase or summarize the Plan, the averments are denied as the Plan speaks for itself. In the alternative, it is averred that the Plan submitted to Labor and Industry included smoke and heat detectors in the building including, but not limited to, the proposed restaurant area. 11. Admitted in part and denied in part. It is admitted that plans were submitted to the Deparhnent of Labor and Industry. Any and all other averments of paragraph 11 are denied as a conclusion of law to which no responsive pleading is required. In the alternative, any and all other averments of paragraph 11 are denied. 12. Denied. The averments of paragraph 12 state a conclusion of law to which no responsive pleading is required, hence it is denied and proof is demanded at time of trial. 13. Denied. To the extent paragraph 13 seeks to allege that smoke detectors were either not installed or were not operating at the time of the fire, the averments of paragraph 13 are denied. Any and all other averments of paragraph 13 are denied and proof is demanded at time of trial. 14. Denied. It is denied that the plans submitted by Defendant to the Deparhnent of Labor and Industry were not approved by the time of the fire on December 18, 1999. Any and all other averments of paragraph 14 are denied as they state a conclusion of law to which no responsive pleading is required. In the alternative, they are denied pursuant to Pa.R.C.P. 1029(e). 15. Admitted in part and denied in part. It is admitted that a sprinkler and/or fire suppression system was not installed throughout the building. Any and all other averments of paragraph 15 are denied and proof is demanded at time of trial. 16. Denied as stated. As Plaintiff has not defined the term "restaurant area", answering Defendant is without information or belief as to the truth of the averments of paragraph 16, heztce it is denied and proof is demanded at time of trial. In the alternative, the averments of paragraph 16 are denied and proof is demanded at time of trial. 2 17. Admitted in part and denied in part. It is admitted that other buildings suffered damages from fire on or about December 18, 1999. Any and all other averments of paragraph 17 are denied and proof is demanded at time of trial. 18. Denied. The averments of paragraph 18 are denied pursuant to Pa.R.C.P. 1029(e). 19. Denied. The averments of pazagraph 19 are denied pursuant to Pa.R.C.P. 1029(e). 20. Denied. The averments of paragraph 20 are denied pursuant to Pa.R.C.P. 1029(e). 21. Denied. The averments of paragraph 21 are denied pursuant to Pa.R.C.P. 1029(e). 22. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 22 and hence it is denied and proof is demanded at time of trial. 23. Denied. Any and all allegations of negligence of Defendants are denied and proof is demanded at time of trial In the altemative, the averments of paragraph 23 are denied pursuant to Pa.R.C.P. 1029(e). In the further alternative, the averments of paragraph 23(b), (f), (g), (h) and (i) are denied conclusions of law to which no responsive pleading is required. NEW MATTER 24. Some or all of Plaintiff s claims may be barred by the applicable statute of limitations. 25. Some or all of Plaintiff's claims may be barred by the applicable statute of repose. 26. Some or all of Plaintiff's claims may be barred by release. 27. Some or all of Plaintiff s claims may be barred by waiver. 28. Some or all of Plaintiff s claims may be barred by laches. 29. Some or all of Plaintiff's claims may be due to the acts or omissions of parties other than answering Defendants or which answering Defendants had no control and for which action answering Defendants are not liable. 30. Some or all of Plaintiffs damages are the result of the superceding intervening negligence or intentional conduct of parties other than answering Defendants for which answering Defendants are not liable. 3 l .. _~~ - WHEREFORE, Defendants request this Honorable Court to dismiss Plaintiff's claim. Respectfully submitted, ~c HAFER, LLP By Do as B. Marcello, Esquire 30 orth Front Street Post Office Box 999 Date: July 24, 2001 Harrisburg, PA 17108-0999 (717)255-7238 137593.1 4 VERIFICATION I hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. BY~ ~~A~~~~=~~9~-~ David Heckard Dated: ~f ~'/ 9' ' 0 ~ :106627.1 VERIFICATION I hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. cob P. Albert, IV Dated: `t - I ~j - 6 :106627.1 ~._ CaE1t~I~T A E O SER'4~E ...<. ~ _ .~.~ AND NOW, this 24`h day of July, 2001, I hereby certify that I sent a true and correct copy of the foregoing document to the following counsel of record, by placing a copy of same in the United States, first class .mail, postage prepaid, addressed as follows: Timothy J. Huber, Esquire - Buzgon Davis Law Offices 525 S. 8~` Street P.O. Box 49 Lebanon, PA 17042-0049 (Attorney for Plaintiff & IiAFER, LLP By: B. Marcello, Esquire 137591.1 ~~,, } - ._ P-~dlbVLitigation~.,ifilz Mn~uaRnsut~ice Con~pauy\LM S[cwartV2eply ~~o Vew~ Mfltter.doc - 7/31/01 9:59 AM ~ .. DAVID STEWART, t/a IN THE COURT OF COMMON PLEAS OF STEWART ASSOCIATES, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW JACOB P. ALBERT, IV, and NO.O1-4011 DAVID HECKARD, Defendants PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, David Stewart, t/a Stewart Associates, by his attorneys, Buzgon Davis Law Offices, and files this Reply to Defendants' New Matter, averring as follows: 24. Denied as stating a legal conclusion, requiring no response. 25. Denied as stating a legal conclusion, requiring no response. 26. Denied as stating a legal conclusion, requiring no response. 27. Denied as stating a legal conclusion, requiring no response. 28. Denied as stating a legal conclusion, requiring no response. 29. Denied as stating a legal conclusion, requiring no response. 30. Denied as stating a legal conclusion, requiring no response. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment in his favor in an amount in excess of Twenty-Five Thousand Dollars ($25,000), plus interest and costs of suit. BUZGO DAMS LAW OFFICES BY: -' Tim thy J Huber, Esquire-Attorney LD. #47231 525 South Eighth Street-Post Office Box 49 Lebanon, PA 17042-0049 (717)274-1421 Attorneys for Plaintiff ~, DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF LEBANON ) I, MARYANN MOORE, an employee of the law firm of Buzgon Dauis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to ]aw, depose and say that I filed on August 6, 2001, in the Office of the Prothonotary of Cumberland County, Pennsylvania, the original PLAINTIFF'S REPLY TO NEW MATTER and that I mailed a copy by first class, regular mail to Douglas B. Marcello, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, P.O. Box 999, Harrisburg, PA, 17108, Attorney for Defendants. ( YANK MOORE) Sworn to and subscribed before me this 6th day of August, A.D., 2001. Vi.d.C.}r~~ Notary Public NOti~nt SBs~I VICKI! ~ SWQYFR, NMary h+Ydr Lsbonee, l~lmnm Cewiry Mlr Caa~niron ~ Pte. 1 t,100® ~ ~~ ~ i ~'.s'. ~.a- . __ I~i"1 ~ ~ *~': S P ~ ( -'i (E - ~,: ri ~~; C ~ Z -~ ~ _ a7 fv DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECI{ARD, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4011 AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF LEBANON ) I, MARYANN MOORE, an employee of the law firm of Buzgon Dauis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn according to law, depose and say that I mailed by first class mail on August 15, 2001, the original PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS -SET 2 and PLAINTIFF'S INTERROGATORIES -SET 2 to Douglas B. Marcello, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, 6`h Floor, P.O. Box 999, Harrisburg, PA, 17108. i v t YVIo-r~--c_.-- __ YANN MOORE) Swom to and subscribed before me this 15th day of Au , A.D., 001. otary Public Notarial Seal Helen L. G. Angelo, Notary Public Lebanon, Lebanon County My Commission Expires Aug. 5, 2003 Member, Pennsylvania Association of Notaries f„ ~. ~~ i'.a.- ."cam ,. t'7 rC:' "~ ~ :.-. _ ' :, lr . V; -.~ _. f, ___ :n _ -~, ;_ `~.5 Y~i Z ~v^nrA a ,^~.a, . ~~=mrnw~suxesw~+e_ ~ ~ .. DAVID STEWART, t/a OF STEWART ASSOCIATES, Plaintiff PENNSYLVANIA vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, CIVIL ACTION -LAW NO.OI-4011 AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF LEBANON ) I, MICHELLE L. BREHM, an employee of Buzgon Dauis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, David Risser, being duly sworn according to law, depose and say that I mailed on October 31, 2001, PLAINTIFFS ORIGINAL ANSWERS TO INTERROGATORIES FROM DEFENDANT, and PLAINTIFFS ORIGINAL ANSWERS TO REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT, to Douglas B. Marcello, Esquire, Thomas, Thomas & Hafer, LLP, 305 North Front Street, 6~' Floor, P.O. Box 999, Harrisburg, PA 17108. Sworn to and subscribed before me this 31s` day of October, A.D., 2001. i~,~dc,~(~ «~ ~ic~,l~- MICHELLE L. BREHM e w C , --,,~=t~ ~ - -~ n ~ ~ ~ '~ U'=' = - ~ : t__ 1 : ~ , J .;. J{_ ; , ;, , S C_e ~ ;y -tom . ..~, L.? L ~~r~ DAVID STEWART,t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4011 CERTIFICATE PREREQUISOTE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. RULE NO. 4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Pa.R.C.P. Rule No. 4009.22, Attorneys for Defendant(s) hereby certify that: 1. Notices of Intent to Serve Subpoenas with copies of Subpoenas attached thereto were mailed or delivered to each party at least Twenty (20) Days prior to the date on which each Subpoena is sought to be served and the twenty (20) day period was waived. 2. A copy of each Notice of Intent, including the proposed Subpoena, is attached to this Certificate. 3. No objection to the Subpoenas have been received, and 4. The Subpoenas which will be served are identical to the Subpoenas attached to each Notice of Intent to Serve the Subpoena. BY: TIMOTHfY J. HUBER, ESC Attorney I.D. #47231 525 South Eighth Street P. O. Box 49 Lebanon, PA 17042-0049 717-274-1421 Attorney for Defendant DATED: 9/12/01 DAVID STEWART,t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4011 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. RULE N0.4009.21 TO: ALL COUNSEL OF RECORD/PARTIES IN INTEREST: Plaintiff intends to serve Subpoenas identical to the conies that are attached to this Notice. YOU have Twenty (20) Days from the date you receive this Notice in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas may be served. You may waive the 20-day period; if you will do so, please advise me thereof in .....:{:.... ~...1 ~. ~:.1 C..l.....e.....~ ..All L................._'i _~ __ __-~:__ r_a_ BUZGON AVIS ~. 1 BY: ~ I ~'1 ~.--- TIMOTHI'4 J. HUBER, ESQUIRE ATTORNEY ID NO.47231 525 S. 8T" ST - PO BOX 49 LEBANON PA 17042-0049 717-274-1421 ATTORNEYS FOR PLAINTIFF DATED: g~l~/ i=0[R•DNWEALTFi OF PT~I.VANIA OOUNTY OF COL~RLA>`ID David Stewart Stewart Associates v. Jacob P.Albert,- IV, and David Heckard • Civil Action - Law File No. 01-4011 SUBPOENA TO PRODUCE DOCUh1ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Carlisle Police Department Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doaments or thingss: All records relating to 50 w. High Street, xn your po se fire on 12/18/99 or the above named defendants 3t .,______ .,____ _ r _.. ~; -... Go^ C nth ct,-ooi- . T.ch~nnn. PA 170d2 ;Address) Y~ may deliver or mail legible copies of the documents or produce `.hings requested by this subpoena, together with the certificate of ccnpliance, to the party making this request. at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within. twenty '(20) days after its service, the party serving this subpoena may seek a xurt order ?cut~iellir:g ycu to ccnply with it. ',THIS SUBPOENA WAS ISSUED AT THE REQU~ST_CF THE FOLLOWING PERSON: Timothy J. Huber, Esqu~ sf' g NAhE :_ 1nODRESS: 525 S. 8th Street ' Lc annn, PA 77042 ;'TELEpFi~NE: 717-274-1421 {SUPREME OOUF2T I 0 sE a v2,3 i jATfORNEY FOR: David Stewart (Lititz Mutual) 'DATE:~Ld,9 ~U ~Cbl Seal 04' the BY COURT: ~ ^ .~.~1~ Prothonotary/Clerk, '1 Division Deputy (Eff. 7/97) CO(+p+DNWEAI,TH OF PII~IIdSYLVANTA OOON'PY OF CfJMeII2Il~ID Civil Action - Law David Stewart. t/a ' Stewart Associates File No. 01-4011 v. ' Jacob P. Albert, IV, and David Heckard SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Protection Systems, Specialists :TO: of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to ',produce the following documents or things: All records relating to the property located at 50 W. High Street, Carlisle, PA, especia ly as it re a es to Jacob Albert and David Heckard. 'at Biizgdn Davis Law Firm, S. ree a anon, ;Address) Yov may deliver or mail legible copies of the doaments or produce :h^'ngs requested 6y ~~his subpoena, together with the certificate of compliance, to the party making this -equest at the address listed above. You have the right to seek in advance the reasonable !post of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within. twenty "20) days after its service, the party serving this subpoena may seek a xurt order ~xJrpellirg ya: to arip'ly with it. !1115 SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLGWING PERSON: jam. Timothy J. Huber, Esquire ree .DDRES +: Lebanon, PA 17042 zLEPHONE:717-274-1421 iJPREME COURT ID g 47231 7fORNEY FOR: David .Stewart (Lititz Mutual). ATE • ~---o aZ~ ~ Seal of the Court' BY COURT: Prothonotary Cler ^ivil Division ~, _ Deputy (Eff. 7/97) D • ODt.P~DNWFALTH OF Pk21NS5CLVANIA . COUNTY OF CI]t~ERIABID David Stewart, t/a Civil Action - Law Stewart .Associates File No. 01-4011 v. Jacob P. Albert, IV, and David Heckard SUBPOENA TO PRODUCE DOCLh1ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Empire Hook and Ladder Company Person or Ent Within twenty (20) days after service of this subpoena, ou ale ordered ~~ the ~~ to i All records re~aating to a re a ' produce P operty~of 5~OlW~. tHigh tStreet-e, i~rl2fi~,~99 52 S. ree ~ Buzgon Davis Laaw irm at - - --- ;Address) You may deliver or mail legible copies of the documents or produce `,pings requested by ~I this subpoena, together with the certificate of crnpliance, to the party making this request. at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena withir. twenty (20) days after its service, the party serving this subpoea~a may seek a xurt order carpel l ir:g you to crnply with it. THIS SUBPOENA WAS ISSUED AT TI~ REQUEST OF THE FOtLp41NG PERSON: Timothy J. Huber, squire NAhE ADDRESS: 525 S. 8th Street Lebanon, PA TELEPHOPJE:717-274-1421 SUPREFE COURT ID sF 47231 ATTORNEY FOR: David Stewart (Lititz Mutual) BY TI$ COURT: DATE:~t,co ~~.~~~ Sea- l~he Court vil Division (Eff. 7/97) ~DNWFALTH OF PE[aLSYLVANIA OO[7NPY OF C[1[~RLADID Davd_Stewart, t/a Stewart Associates v . .. Jacob P:. Albert, IV, and David Heckard Civil Action - Law File No. 01-4011 SUBPOENA TO PRODUCE DOCUMENTS OR TH I N(3S FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: of Person or Enti Within twenty (20) days after service of this subpoena, you are ordered by the court to {produce the following documents or things: All recordsrelatin to a fire at the property of 50 W. High Street, Carlisle, PA on 12 18/99 fat ~ e anon, (BUZgon Davis Law Firm) - ;Address) Yoe may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccrrpliance, to the party making this request. at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produc@ the docments or things required by this subpoena within. twenty ,; (20) days after its service, the party serving this subpoena may seek a x+urt order ccmpellir:g you to oo,vly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: ,..,` Timothy J. Huber, Esquire 'ADDRESS: 525 S. 8th Street Lebanon, PA 7 42 1~LEPW~NE: 717-274-1421 SUPREI'~E COURT ID ft 47231 ATTORNEY FOR: David Stewart (Lititz Mutual) OATS: "~ a~- Seal of the Court BY OOlA2T: Prothonot~ Jerk lull Division Friendship Fire Company (Eff. 7/97) D p ~,TH OF PENNSYLVANIA OOUNPY OF C[ft~EI2IA2ID Aavid Stewarl:/ t/a Stewart AssoGlates v . .: Jacob P. A16ert, IV, and David Heckard :Civil Action Law File No. 01-4011 SUBPOENA TO PROOIICE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ' TO: Union Fire Company of Person or Entity Within twenty (2D) days after service of this subpoena, you are ordered by the t to ;produce the following documents or thinggs. All records relating to a fire at~t~ie property at 50 West High Street , ree - at Buz on „~,,; ~ r.~,., Firm) ;Address) Y~ may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of arrpliance, to the party making this Crequest. at the address listed above. You have the right to seek in advance the reasonable ;cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoer:3 withir. twenty (20) days after its service, the party serving this subpoena may seek a xurt order ~ curpellir:g yet: to crnply with it. 'THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLC4VING PERSON: jNAhE: Timothy J. Huber, Esquire ~~E~: 525 S. 8th treet Lebanon, PA 17042 ', TELEPHONE:717-274-1421 ~UPREAiE COURT I D # q.x2 3 ~ >TfORNEY FOR: David Stewart, (Lititz Mutual) ~ATE:~ / Seal f the urt (Eff. 7/97) BY TF~ COURT: Prothonotary/Clerk, it Division COtR•DNWFALTH OF PEPII9SYLVANIA OOUNPY OF CIlN16FI2IAAID David Stewart, t/a Civil Action - Law Stewart Associates, - . v. Jacob P1 Albert, IV, and David Heckard . File No. 01-4011 SUBPOENA TO PRODUCE DOCUhENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Cumberland-Goodwill >:ire Company TO: (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you .are ordered by the rt to produce the following documents or things: All records relating to a fire at West High .Street,Carlisle, PA on t at Buzgon Davis Law Firm, - ig ee , , ;Address) Y~ may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ccrrpliance, to the party making this f request. at the address listed above. You have the right to seek in advance the reasonable 1 cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena withir. twenty (20) days after its service, the party serving this subpoena may seek a x+urt order i curpelting ya: to cc;nply with it. THIS 5UBP~imot~ylJ:"~tu~~r~Et~~ OF TFIE FOIJ_gy1NG PERSON: i NAhE: 525_ S. 8th STreet ADDRESS: Lebanon, PA 1T0~- 717-274-1421 Le anon, TELEPIiCNE SUPREME COURT ID # 47231 IATfORNEY FOR: David Stewart (Lititz Mutual) BY I DarE: ~ atn- Seal o the Court COURT: iv is ion Deputy (Eff. 7/97) NTH OF PH2IIISSCLVANIA OOONPY OF Civil Action - Law David Stewart, t/a . Stewart Associates, File No 01-4011 v. Jacob P. Albert, IV, and . David Heckard SUBPOENA TO PRODUCE DOCI~£NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Carlisle Fire Department (Name of Person or Ent Within twenty (20) days after service of this subpoena, you are ordered by the court to ;produce the following documents or things: All records relating to the fire at 50 West High Street,Carlisle, P on nu~"Da~o~is--Eaa--„'rr[ir, sr23 S 9tlr c'-ree'' r eh°non Da i vna~ _ at ;Address) Yaa may deliver or mail legible copies of the documents or produce things requested 6y ;this subpoena, together with the certificate of arripliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable lost of preparing the copies or producing the things sought. If you fail to produce the doaments or things required by this subpoers withir. twenty ',;20) days after its service, the party serving this subpoena tt~y seek a xurt order '',xrtpellir;g Ya: to crnply with it. ;l-Ii5 SUBPOENA WAS ISSUED AT THE REOI~ST OF THE FOLLOWING PERSON: ~~, Timothy J. Huber, Esquire DORES;: 5~5 ~_g~h Street Lebanon, PA 17042 tLEPFF~NE 717- 2 ~ a_ ~ a ~ 1 UPREhE COURT ID # a~~~i TfORNEY FOR: David Stewart (Lititz I >.TE: (lQ .~l .~nC~~ Seal f the Court Mutual) (Eff. 7/97) ' Op[R•DNWEAI.TB OF PENNSYLVANIA COUNPY OF COI~FRIA4ID 'Civil Action - Law David Stewart, t/a ' Stewart Associates File No. 01-4011 v. Jacob P. Albert, IV, and David Heckard SUBPGENA TO PRODUCE DOGLt~'ENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Federal Bureau of Alchohol, Tobacco and Firearms of Person or Entity Within twenty (20) days after service of this subpoena, you are ordered by the court to ~~produce the following documents or things: All records relating to the property located at 50 West High Street, Carlisle, PA and the occupants, ~aco~ r• '- --- - Albert, IV and David Heckard jat 13aaganuDav~= raw Farm, 525 5. 8th Street, Lebanon, PA 17042 ;Address) You may deliver or mail legible copies of the documents or produce `.,hinge requested by ~tf~is subpoena, together with the certificate of carpliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the espies or producing the things sought. ' If you fail to produce the doarnents or things required by this subpoers wiY.hir. twenty (20) days after its service, the party serving this subpoena may seek a xurt order ccrr~aellir:g ycx: to crnp'ly with it. ;THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: VAJ`E: Timothy J. Huber, Esquire >DDRE55: 525 S. 8th Street i r~wa~^e^-.~Y-$A--.1-7na~ ji~LEPHONE:717-274-1421 ''SUPREhIE OOURT ID #47231 '~TfORNEY FOR: David Stewart (Lititz Mutual) )ATE: Le o ~~, ~ ry ~_ Seal the t (Eff. 7/97) COhY•10r1WEALTH OF PENNSYLVANIA COUN'PY OF CL7MBFRLAPID David Stewart, t/a Stewart Associates Civil Action -Law File No. 01-4011 v. Jacob P. Albert, IV, and David Heckard - SUBPOENA TO PRODI.ICE DOCUMENTS OR TN I NC3S FOR DISCOVERY PURSUANT TO RULE 4009.22 iT0• PA Department of Labor and Industry (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: All records relating to work at the property located at 50 West ig re !st Rm. 1700, Fors er ree s, , Buzgon Davis Law Firm,. 2 . ~ ree G~b'arron~A-~fr4z'- ,Address) •: Yee may deliver or mail legible copies of the documents or produce things requested by i:his subpoena, together with the certificate of ccrrpliance, to the party making this -equest at the address listed above. You have the right to seek in advance the reasonable :ost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoer:s withir. twenty ''20) days after its service, the party serving this subpoena may seek a xurt order ';xlrpelling ya: to ccnply with it. ',NIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: __ Timothy J. Huber, Esquire DORESS: 525 S._8th Street Lebanon, PA 17042 LEPHOP~lE:717-274-1421 JPREhE OOURT ID 7231 I7fORNEY FOR; David Stewart (Lititz Mutual) BY TI$ COURT: Seal df the t~.ourt 1 Division (Eff. 7/97) ~DNWFALTH OF PENNSYLVANIA COUNTY OF David Stewart, t/a Stewart Associates, ° Civil Action - Law ° 01-4011 v° File No. Jacob P. Albert, IV, and ° David Heckard ° SUBPOENA TO PRODUCE DOCIJ~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: L&T Restaurant Equipment Supply, INc. Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doa.rtsents or things: All records relating to services or materials supplied for work at 50 West Hig~Stree ar is e, a re David Heo~kard,- aco er at Buzqon Davis Law Firm, 525 S. 8th Street, Lebanon, PA 17042 ;Address) You may deliver or snail legible copies of the doct,rnents or produce `.hings requested by this subpoena, together with the certificate of ccrtpliance, to the party making this ~~ request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena withir. twenty j (20) days after its service, the party serving this subpoena rray seek a xurt order i', ccnpellir:g you to ca:p'ly with it. '~ THIS SUBPOENA WAS ISSUED AT THE REQUbST OF THE FOLLOWING PERSON: Timothy J. Huber, Esquire NAhE: 'ADDRESS: 525 S. 8th Street Lebanon, PA 17042 TELEPHONE 717-274-1421 SUPREME COURT ID47231 IATfORNEY FOR:navid Stewart (Lititz Mutual) GATE : _a~2~. ~ nn~i Seal df the rCou t BY COURT: c n othonotar~y/Clerl~ i1 Division Deputy (Eff. 7/97) COtR~DNWEAI.'1'H OF PEN[~ISlCLVANTA COUNTY OF CIINIDERLAND David Stewart, t/a Stewart Associates, , v. Jacob P. Albert, IV, and . David Heckard Civil Action - Law File ~, No= 01-4011 SUBPOENA TO PRODUCE DOOt~ENTS OR THINCIS FOR DISCOVERY PURSUANT TO RULE 4009.22 L&T Restaurant Equipment Supply, Inc. of Person or Entity) Within twenty (20) days after service of this subpoena, you a^e ordered by the court to `oduce the following docxments or things: All records relating to services or materials supplied for work at 50 West Hig ree , David HecKara, uacw taiuec ~, a,=~ ~••=~••7 •~~~~ -- --••--- Buzgon Davis Law irm, - ?~tre-~~~el9anert~ PA 1:794' - ;Address) ' Y~ may deliver or mail legible copies of the doci,ments or produce `.hinge requested by '.'Is subpoena, together with the certificate of ccnpliance, to the party making this tiauest. at the address listed above. You have the right to seek in advance the reasonable 'st of preparing the copies or producing the things sought. If you fail to produce the doaments or things required by this subpoer:s withir. twenty ';i) days after its service, the party serving this subpoena may seek a avert order ,gelling you to ca:p'ly with it. 'S SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: 'E• Timothy J. Huber, Esquire ',RESS: 525 S. 8th Street [,ebanon, PA 17042 Ept„~yE.717-274-1421 REME OOURT tD s~7231 JRNEY FOR: David Stewart (Lititz P9utual) !~ o a~~L Seal o~ Court (Eff. 7/97) DAVID STEWART,t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4011 AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF LEBANON ) I, Linda L. Swavely, a paralegal in the law firm of Buzgon Davis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly sworn according to law, depose and say that I mailed on Augustd-~ , 2001, the original NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY by first class mail to the following: Douglas B. Marcello, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Sworn to and subscribed before me this O ~ day of Augu t, A.D., 2001 /~ ,Gj Notary Public ~I 2Jlf Linda L. Swavely Q Notarial Seal Helen L. G. Angelo, Notary Public Lebanon, Lebanon County My Commission Expires Aug. 5, 2003 Member, PennsWvarta ASSOCIationotNOtatles DAVID STEWART,t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4011 AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF LEBANON ) I, Michelle L. Brehm, a paralegal in the law firm of Buzgon Davis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly sworn according to law, depose and say that I mailed for filing on November 14, 2001, to the office of the Prothonotary of Cumberland County, the original CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. RULE N0.4009.22 and I mailed a copy by first class regular mail to: Douglas B. Marcello, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 r~(~~~ ~ ~~ZL' ~~ Michelle L. Brehm Sworn to and subscribed before me this 14th day ~ombe~.D~ 2001 Notary Public " Notarial Seal Helen L. G. gngelo, Notary ~bl1c Lebanon, Lebanon Coun MY Commission Facpires Aug. 5, 2003 Member, PennsyNanieASSOCiayonotNotaries ~~' ~7 .~~ j. ~ ~i f }'~ -r ..~ 4 ._. ~ ' y ?~ l' J ~~ ~~ T~ .,~ ~ I. J :~ I I l " "] '~ T K ~ ~ DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECKAItD, JR., Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW - CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS - --- -- :-: PURSUANT TO RULE 4009.22 As a prerequisite to_ service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: 1. A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the day on which the subpoenas were sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; 3. No objection to the subpoenas has been received; and 4. The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. THOMAS, THOMAS & HAFER, LLP .SM Douglas B. Marcello, Esquire 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717)237-7116 Attorney for Defendants :1534>6.1 ., ",,,,~'"'"~ , ,- . __:CE87~I~' CA;~('E OF S~R~2VICE tea:.... AND NOW, this 2nd day of January, 2002, I hereby certify that I sent a true and correct copy of the foregoing document to the following counsel of record, by placing a copy of same in the United States, first class mail, postage prepaid, addressed as follows: Timothy J. Huber, Esquire John W. Ditzler, Esquire Buzgon Davis Law Offices 525 S. 8th Street P.O. Box 49 Lebanon, PA 17042-0049 (Attorney for Plaint THOMAS, THOMAS & IIAFElt, LLP ouglas B. Marcello, Esqutte :137591.1 DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECKARD, 7R., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANLA No.: 01-4011 CIVIL ACTION -LAW ~._a TO: Counsel and Parties of Record Defendants, .3acob Perry AlberE, IV and David S. Heckard, Jr., intend to serve subpoenas identical to the ones attached to this notice. You have twenty (20j days uom the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas maybe served. THOMAS, TdiOMAS & HAPEkt, LLP - ------- ------------- - -- - By. ; - ------- ---- Dougl ~jaz• X11 squire 305 Noy FF-6nt ~ eet P. O. Bo`~999 Harrisburg, PA 17108-0999 (717) 255-7238 Date: Novembez 29, 2001 Attorneys for Defendants :150640.1 - DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECKARD, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. No.: 01-4011 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: B-H Aeency Realtors Carlisle Offace,163 N. Hanover Street, Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of anv and all records with re¢ard to the appraisal of the nraperty located at 50- 58 West High Sheet. Carlisle. PA 17013 with regard to the above-referenced matter at: Thomas. Thomas & Hafer. LLP. 305 N. Front St.. P.O. Box 999. Harrisburg. PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this _ _ subpoena, together with the ~ertificate_of-compliance} to -the-party~naking-this-re~ue~ at the ----- address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling yeu to comply with it. SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Nlazcello, Esquire ADDRESS: P.O. Box 999, Hamsburg, PA 17108-0999 TELEPHONE: (717} 255-7238 SUPREME COURT TD#: 36510 P.TTOItNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court :150645.1 Prothonotary/Clerk, Civil Division Deputy DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECKARD, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Union Fire Company, 35 W. Louther St.. Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies oF_anv and all records in your possession resazdin¢ the fire that occurred on December 18. 1999 at the property located at 50-58 West Hieh Street. Cazlisle, PA 17013. which is the subiect of the above-captioned matter at: Thomas, Thomas & Hafer, LLP. 305 N. Front St., P.0. Box 999. Harrisburg, PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this - --subprlenartogether witli tlr~ certifrcai~ o~ compliance, ~o the par - miming this requesf aT"the ^ - - address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the thnigs sought. If you fail to produce the documents or things required by this subpoena, wii$in twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court :150645.2 Prothonotary/Clerk, Civil Division Deputy DAVID STEWART, Ua STEWART ASSOCIATES, Plainfiff v. 7ACOB PERRY ALBERT, IV and DAVID S. HECI{ARD, JR., Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Empire Hook & Ladder Company.177 Sprine Rd., Carlisle. PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete conies of any and all_records_in your possession reeardine the fire that occurred on December 18, 1999 at the property located at 50-58 West High Street, Cazlisle, PA 17013. which is the subject of the above-captioned matter at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisbur¢. PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things requi.*ed by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division :150645.3 Deputy DAVID STEWART, t(a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECT~ARD, JR,, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR TI3ING5 FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Friendshig Fire Comnanv,177 Sig Rd., Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or lt?ings; Complete- copies. of anv_and all records in your possession reeardine the fire that occurred on December 18. 1944 at the property located at 50-58 West Hieh Street, Carlisle, PA 17013, which is the sub~eet of the above-captioned matter at: Thomas, Thomas & Hafer, LLP. 305 N. Front St., P.O. Box 949, Harrisbure, PA 17108-0999 (Address} You may deliver or mail le¢ible copies of the d0^.?~?'e~ts or produce t:;i:~gs raquesied by tins subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division :150645.4 Deputy DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECICARD, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR TIIINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Cumberland Goodwill Fire Company. Station 40.102 W. Ridee Street, Carlisle, PA 17013 (Name of Person or Entity) Within twenty (201 days after service of +h;s subpce..a, you are ordered by the court to produce the following documents or things: Complete copies o_f_an~and all records in your uossession re~ardine the fire that occurred on December 18. 1999 at the propert~, located at 50-58 West High Street, Carlisle, PA 17013. which is the subiect of the above-captioned matter at: Thomas, Thomas & Hafer, LLP, 305 N. Front St.. P.O. Box 999, Ha°risbure, PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek in advance, the reasonable wst of preparing the copies or producing the things sought. If you fail to produce the documents or things reTaired by this subpoena, within twenty (20) days after its service, the party_serving_ this _subpoena_may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.Q. Box 999, Iiarrisburg, PA 17108-0999 TELEPHONE: {717} 255-7238 SUPREME COURT iD#: 365 iG ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court :150645.5 Prothonotuy/Clerk, Civil Division Deputy DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECKARD, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CNIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland County Control, Cumberland County Courthouse, l Courthouse Square, Carlisle, PA 17013 (Name of Person or Entity) Within twenty (20) days after service of this subpoena you are ordered by the court to produce the following documents or things: Complete conies of an~and all records in vour possession regardine the fue that occurred on December 18. 1999 at the property located at 50-58 West High Street Carlisle PA ' 7013 which is the subiect of the above-captioned matter at: Thomas, Thomas & Hafer, LLP. 305 N. Front St., P.O. Box 994, Harrisbure. PA 17108-0999 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certiScate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the parry serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PP. 17108-0499 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendants BY THE COURT: DATE: Seal of the Court :150645.6 Prothonotary/Clerk, Civil Division Deputy DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECKARD, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 T0: Orrstown Bank. P.O. Boa 250, Ship ensburg. PA 17257 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: Complete copies of anv and atl records in vour possession reeazding the property located at 50- 58 West Hiah Street. Carlisle. PA 17013. which is the subject of the above-captioned matter at: Thomas Thomas & Hafer. LLP 305 N. Front St. P.0 Box 499 Harrisburg PA 17108-0999 (Address) You inay deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek in advance, the reasonable cost of prepazing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service; the party serving this subpoena may seek a court order compelling you to comply with it. _SI~~S_L1BPS2ENr'1 `dT9S ISS_I3~I2AZTr~32EQIJEST~F_T-HE-F~3-L-L('~-W-IN-CAP-i/RSON:- __-.. NAME: Douglas B, Mazcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendants BY THE COURT: DA Seas ofthe Court Prothonotary/Clerk, Civil Division 15D645.7 Deputy c: r~~, -y =_ -~ fir;? i ~~ _ fi L.. - t r :. T . l :~ . h ' _ ~', t - : `~ •. _ L } ' ~n ~~ arm!nr~tsrsa~ _ a~arPee~°,mhr~-' -.:r~'~s a _ n~x~.~c; r;'c=y-aw,rt~=~+~~~swm~ ,. -.. _ . , DAVID STEWART,t/a STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4011 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. RULE N0.4009.22 As a prerequisite to service of a Subpoena for documents and things pursuant to Pa.R.C.P. Rule No. 4009.22, Attorneys for Defendant(s) hereby certify that: 1. Notices of Intent to Serve Subpoenas with copies of Subpoenas attached thereto were mailed or delivered to each party at least Twenty (20) Days prior to the date on which each Subpoena is sought to be served and the twenty (20) day period was waived. 2. A copy of each Notice of Intent, including the proposed Subpoena, is attached to this Certificate. 3. No objection to the Subpoenas have been received, and 4. The Subpoenas which will be served are identical to the Subpoenas attached to each Notice of Intent to Serve the Subpoena. BUZG N DAVIS BY: '.~ TII1ROffHY~UBER, ESQUIRE Attorney I.D. #47231 525 South Eighth Street P. O. Box 49 Lebanon, PA 17042-0049 717-274-1421 Attorney for Defendant DATED: 2/5/02 DAVID STEWART,t/a STEWAR7 ASSOCIATES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants No. 01-4011 AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF LEBANON ) I, Linda L. Swavely, a paralegal in the law firm of Buzgon Davis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendant, being duly sworn according to law, depose and say that I mailed for filing on February ~, 2002, to the office of the Prothonotary of Cumberland County, the original CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO Pa.R.C.P. RULE N0.4009.22 and I mailed a copy by first class regular mail to: Douglas B. Marcello, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Linda L. Swavely Sworn to and supscribed before me this ~~ day of Feb ary A.D., 2002. ~' ~/) ~-'~ n Notary Pubic Notarial Seal Helen L. G. Angelo, Notary Public Lebanon, Lebanon County My Commission Expires Aug. 5, 2003 Member, Pennsylvania A5soriet~cn ci+!vntaries DAVID STEWART,Ua STEWART ASSOCIATES, Plaintiff vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 01-4011 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO Pa.R.C.P. RULE NO. 4009.21 TO: ALL COUNSEL OF RECORD/PARTIES IN INTEREST: Plaintiff intends to serve a Subpoena identical to the copy that is attached to this Notice. YOU have Twenty (20) Days from the date you receive this Notice in which to file of record and serve upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoena may be served. if an BUZGON DAVIS TIM Y J. HUBER, ESQUIRE I.D. 47231 JOHN W. DITZLER I.D. #83761 525 S. 8T" ST - PO BOX 49 LEBANON PA 17042-0049 717-274-1421 ATTORNEYS FOR PLAINTIFF DATED: 11 / ~~02 ,~. DAVID STEWART,t/a : IN THE COURT OF COMMON PLEAS STEWART ASSOCIATES, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :CIVIL ACTION -LAW vs. JACOB P. ALBERT, IV, and DAVID HECKARD, Defendants : No. 01-4011 AFFIDAVIT OF SERVICE BY MAIL COMMONWEALTH OF PENNSYLVANIA) ss: COUNTY OF LEBANON ) I, Linda L. Swavely, a paralegal in the law firm of Buzgon Davis, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, ttorneys for Defendant, being duly sworn according to law, depose and say that I mailed on January ~, 2002 original NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY by first class mail to the following: Douglas B. Mazcello, Esquire 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Sworn to and subscribed before a this ? 1{ day of Jan , A.D., 20 2. ~/ Notary Pub c . v inda L. Swavely Notarial Seal Helen L. G. Angelo, Notary Public Lebanon, Lebanon Cotmty My Commission Expires Aug. 5, 2003 Member, Pennsylva.^.~a.45sociation of Notaries - COF4DNWF2ILTH OF PFSINSYLVANIA OOUNl'Y OF CON>BE12LAl!ID David Stewart, t/a Stewart Associates . v. Jacob P. Albert. IV, and ~ . David Heckard Civil Action File No. 01=4011 SUBPOENA TO PRODUCE OOCLMENTS CR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Lorne W. Patrick (Name of Person or Ent '', Within twenty (20) days after service of this subpoen ar the court to All records tha~ zYe~ate et~i~~~U'e ~;oduc noted fdefendan 'sue Pr P rtY low}n~~t C~h . StrP C~~lisle PA O'ohn W. Ditzler, Esquire, uz 525 S. t ree Lebanon, 17042 ;Address) 'i Y~ may deliver or mail legible copies of the documents or produce things requested by 'lis subpoena, together with the certificate of ccrtpliance, to the party making this 'I;uest at the address listed above. You have the right to seek in advance the rea.onable st of preparing the copies or producing the things sought. I If you fail to produce the documents or things required by this subpoers withir. twenty ~?) days after its service, the party serving this subpoena may seek a xurt order I,pellir:g ya: to ccmpiy with it. I'IS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: E: John W. Ditzler, Esquire ~', RES :: ~S_ 8th Street r.Phanon. PA 17042 Pti~PJE: 717-274-1421 4E1~E OOURT I D tF 17RNEY FOR: Seal of the ~ _Sx~'~J~- (Eff. 7/97) :.~ ~,- ; _, ~_ n - _: ->:..:. r p ` ... ~'~" ~ ` S .:.' r- C - , G F ~~ -C ~r~ m3Ai _. '- - ~ .fi,°.e13%&1E{§o^..~T. !PY I~i~~+P 7 aR~p Ni~~N'i@S+?aa~I~L -. .- -. ~9 .. ) x DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECKARD, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW CER3'IF~CATE - -- I''TZE12E-QUTSITE TO SETiVICE OR SUBPOENAS PURSUANT TO 12ULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendants certify that: Plaintiff's counsel, Timothy J. Huber, Esquire, waived the 20 day wait period with regard to the attached Subpoena. Please see correspondence attached hereto in this regard. THOMAS, THOMAS & HAFER, LLP By Doug1~~B. NYarcello, Esquire 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7116 Attorney for Defendants :153456.2 _L102 FRI 0926 Ahl BUZGON DAMS LAW OFFICES FAX FIO. 7t7 274 1752 02 07:34 FROM=THOMRS TH~M0.S 717Tw77105 T0:717 274 1752 THOMAS, THOMAS OL HAFER, LLP IDSEPH P. MAKER LAMES F. THOMAS. II ROBERTSON R, TwT1.0R 16FFRBr B. RRr rIG PEraaJ.cuaar R, BURK6 McL6MORE, JR, EDWARD N. IQRDAN, IR. l:, RENT VRICr RANDALL O. tlAL6 DAVID L.6CNWALM ve'rtta J. SPBAKER DOUGLAS E. NARCBLLO PaVU. DBLLgSRCA GNAN W. ARngE1.L aUCENE N. MaHUON nPCnuNSaL J AMF3 X. TNOMAR VL- FACSIMILE Timothy J. Huber; Esquire Buxsoa DIIYIB Law Offiem 52S S. B'" SkeM P.q. eDx 69 LabBnon,PA 17042-0049 (717)255.723a dbmQtthlsw com February 7, :002 Rr. Dav-d $ta+warb t/a Stewart Aswciatea v. Albert sad Fieckard Cumberland Couuly C.C.P. Nn : 01-4111 l Dear Attorney Huber: P, OZ PRGE:0c~0c J'rEPNEN E OEDULDI ] -KARflN R, COATns TODD B. NARVtlL IAMeS 1. DODO] UAN161 L. iYNIF:L JOtiN A. McNA1iLY. I-~1 N6vIN C. McNAMA1A 1 BROOKS R. FOI.AN ) JONATHAN C. DEIKMIEa JONN FLBUNLACKLR JOHN T. HUSNIN, 11:. MYCN4IE J. l'NOIA Y CLAUDIOI. DIPAOW STEPHANIE L WERSPERGIi i HUGN P, D'N6lLL. I I W. DARRRN POWeI„ DRUMMOND B. TAYLOY Wa previously sera you copies of records which appeared to be produced by Cumberland County Control pursuant to the subpoena 1 forwarded to them. It was thon dote[mined that the records were incorrectly produced by tha Prothonotary. i am requesting that a new subpoena bD issued [o again sarvd Cumberland County Control for record produedon. Sinee you did not object m the fiat subpoena to Cum~rland County Control, kindly confirm that wo may allain Barve tha new auhpnena to Cumberland County Control. Please indicate your approval with your signatura below and return tD this office at your earliest convcniencc. We will forward copies of the records we receivD to you. Tf you have any questions, please do not hesitate to clTntac[ mo. r: iJE091.7 Tim ry .Huber, Esquire Atforne for Plaint{, Sincerely, T~H~/O''M~yAS, T~OMA5 & IIAFFg, I.I.P 13y: Susan ltamoy CL~ p Certified Legal Assistant tu: DougiBS B. Marcello LEHIGH VALLEY OPFICE~?4009ATH PIKE. SUITE 2n 1. BETHLEHEM. PA IBDI7 (61 U) EGE•1675 FA%(6101 E6E-1701 ATTORNEYS AT LAW 30S NUR"fH FkONT STREET SIXTH PLOOR V.O. HUX 949 HAkRISBURG. PA 171 qB (T17) Z?7JIIR1 PAX 1717) 217-7103 WRITrR'S DIHIICY DIAL NUMBRR ~~ ., DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV and DAVID S. HECKARD, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ted Wise, Office of Emergency Preparedness Cumberland County Control Cumberland County Courthouse L Courthouse Square Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you aze ordered by the court to produce the following documents or things: Comulete conies of anv and all records in vour possession regarding the fire that occurred on December 18, 1999 at the property located at 50-58 West Hieh Street, Carlisle, PA 17013, which is the subiect of the above-captioned matter at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108-0999 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of prepazing the copies or producing the things sought. If you fail to produce the doctunents or things required by this subpoena, within twenty (20} days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Douglas B. Marcello, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7238 SUPREME COURT ID,#: 36510 ATTORNEY FOR: Defendants DATE: Seal of the our :150645.6 .. AND NOW, this 11th day of February, 2002, I hereby certify that I sent a true and correct copy of the foregoing document to the following counsel of record, by placing a copy of same in the United States, first class. mail, postage prepaid, addressed as follows: Timothy J. Huber, Esquire John W. Ditzler, Esquire Buzgon Davis Law Offices 525 S. 8~' Street P.O. Box 49 Lebanon, PA 17042-0049 (Attorney for Plaintiff TfIOMAS, THOMAS & HAFER, LLP ,~~ ~~ Doug . M cello, Esquire :137591.1 ~) C.7 r_ . _. ~ . ~ -~ ~i'~ <:, __ ~.~ ii: ' _ DAVID STEWART, t/a STEWART ASSOCIATES, Plaintiff v. JACOB PERRY ALBERT, IV, LINDA K. ALBERT, his wife, DAVID S. HECKARD, JR. and LOIS E. HECKARD, his wife, Defendants IN THE COURT OF COIvIMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-4011 CIVIL ACTION -LAW - a ,..--.-.,.w ...,: TO THE PROTHONOTARY: Please mazk the above case settled, satisfied and discontinued with prejudice. Respectfully submitted, BtJ~O~N `DA~M_.S~L__A_W OFFICES By. \~~ 1 Timothy J. Huber, Esquire 525 S. 8~` Street P.O. Box 49 Lebanon, PA 17042-0049 Attorney for Plaintiffs Date: ~'( 1 ~ ~ b2 :1741882 :. ~-• ~ - -~; ,- ~.' -~ __ c~; =; «; ~c - r , _ , ~'_; c- .. `- >•- c~: r- `,, ~;