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HomeMy WebLinkAbout01-3834PHYLLIS GREENSMITH, Plaintiff GIANT FOOD STORES, INC. and QUALEX, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims 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 property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVEA 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 17013 Telephone 717-249-3166 or 800-990-9108 HANDLER~H~NGBy V ~'~ '~'~ & IOSENBERG W. Scott H~ir~ Es( / I.D. #322~ . / (717) 238-200,~ Attorney for I:~aintiff E M HIcomplai n. tslp re ,miseslg reensm ith . wpd PHYLLIS GREENSMITH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GIANT FOOD STORES, INC. and QUALEX, INC. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, PHYLLIS GREENSMITH by and through her attorneys, HANDLER, HENNING & ROSENBERG, by W. SCO'I-I' HENNING, Esquire, and bring forth this Complaint against Defendants GIANT FOOD STORES, INC. and QUALEX, INC. avers as follows: 1. Plaintiff, Phyllis Greensmith, is and adult individual who resides at 127 Laurel Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Giant Food Stores, Inc., is a corporation registered and established under the laws of Pennsylvania, with a registered office located at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Qualex, Inc., is a corporation registered and established under the laws of Pennsylvania, with a registered office c/o CT Corporation Systems, 1515 Market Street, Suite 1210, Philadelphia, Philadelphia County, Pennsylvania 19102. 4. At all times material hereto, Giant Food Stores, Inc., was in ownership, possession, management and control of the Premises located at and known as 310 E. Penn Drive, Enola, Cumberland County, Pennsylvania, 17025 at which it operated Giant Food Store. 5. At all times material hereto, Qualex, Inc., was in ownership, possession, management and control of a photo processing store located on the Premises at and known 310 E. Penn Drive, Enola, Cumberland County, Pennsylvania, 17025 at which was operated Giant Food Store. 6. At all times material hereto, Plaintiff, Phyllis Greensmith, was a business invitee upon said Premises. 7. At all times material hereto, Defendants, who had exclusive control of said Premises, had allowed a Qualex photo processing sign to blow over and lay in the middle of the walkway used by grocery customers entering and exiting the Giant Food Store during a rain storm. 8. At all times material hereto, Defendants had an obligation to conduct a reasonable inspection of the property to ensure the safety of their customers. 9. On or about April 8, 2000, Plaintiff, Phyllis Greensmith, was exiting the Premises. While walking out of the store, the plaintiff tripped and fell over a Qualex sign that was laying in the middle of the walkway used for grocery customers entering and existing the Giant Food Store causing personal injuries to the Plaintiff. 2 10. at length. 11. COUNT I - NEGLIGENCE Phyllis Greensmith v. Giant Food Stores, Inc. Paragraphs I - 9 are incorporated herein by reference as if fully set forth At all times material to hereto, Plaintiff, Phyllis Greensmith, believes and therefore avers, that Defendant, Giant Food Stores, Inc., was in possession, management and control of the Premises and was responsible for maintaining the safe condition of the property known as Giant Food Store, Enola, Cumberland County, Pennsylvania, 17025. 12. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Phyllis Greensmith, were caused directly and proximately by the negligence of Defendant, Giant Food Stores, Inc., by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: (a) In allowing a sign laying in the customer walkway at the Premises to remain, thereby posing a hazardous condition and an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In failing to remove a sign laying in the customer walkway and thereby allowing the same to be and remain a dangerous condition when Defendant knew or should have known about it; (c) in failing to remove the sign from the sidewalk when the Defendant knew or should have known of the impending and ongoing rain and wind storm thus eliminating the risk that it would fall over and thereby cause a tripping hazard for business invitees; (d) In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the sign during the rain and wind storm, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; (e) In failing to ensure the walkway at said Premises was maintained in a safe condition to prevent injury to the Plaintiff, Phyllis Greensmith, and other persons lawfully upon the Premises; (f) In failing to maintain the customer walkway on the Premises in a reasonably safe condition that would prevent a customer from tripping and falling; and (g) In otherwise failing to use reasonable prudence and care to keep the walkways on the Premises in a safe condition. 13. Defendant, Giant Food Stores, Inc., had actual knowledge or should have known through the exercise of ordinary care and diligence that, because there was a sign laying in the walkway on the Premises it thereby created a dangerous condition on the Premises where Plaintiff, Phyllis Greensmith, tripped and fell. 14. As a direct and proximate result of the negligence of Defendant, Giant Food Stores, Inc., Plaintiff, Phyllis Greensmith, sustained serious injuries including, but not limited to, a fractured wrist and a tear of her rotator cuff. 15. As a direct and proximate result, Plaintiff, Phyllis Greensmith, was required to have surgery on her wrist, a cast applied, and physical therapy. 16. As a direct and proximate result of the negligence of Defendant, Giant Food Stores, Inc., Phyllis Greensmith was required to have physical therapy and injections of medicine in her shoulder in an attempt to alleviate pain. 17. As a direct and proximate result of the negligence of Defendant, Giant Food Stores, Inc., Phyllis Greensmith, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 18. As a direct and proximate result of the negligence of Defendant, Giant Food Stores, Inc., Phyllis Greensmith, has been, and will in the future be, hindered from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 19. As a direct and proximate result of the negligence of Defendant, Giant Food Stores, Inc., Plaintiff, Phyllis Greensmith, has, and will in the future, suffer a loss of life's pleasures. 20. As a direct and proximate result of the negligence of Defendant, Giant Food Stores, Inc., Plaintiff, Phyllis Greensmith, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. 21. Plaintiff believes and therefore avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Phyllis Greensmith, seeks damages from Defendant Giant Food Stores, Inc., in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, which is an amount in excess of jurisdictional amounts requiring compulsory arbitration. 22. at length. 23. COUNT II - NEGLIGENCE Phyllis Greensmith v. Qualex, Inc. Paragraphs 1 - 21 are incorporated herein by reference as if fully set forth At all times material to hereto, Plaintiff, Phyllis Greensmith, believes and therefore avers, that Defendant, Qualex, Inc., was in possession, management and control of the Premises and/or the sign upon which Plaintiff tripped and was responsible for maintaining the safe condition of the property known as and located at 310 E. Penn Drive, Enola, Cumberland County, Pennsylvania, 17025. 24. The occurrence of the aforementioned incident and the resulting injuries to Plaintiff, Phyllis Greensmith, were caused directly and proximately by the negligence of Defendant, Qualex, Inc., by its agents, servants, workmen or employees, acting in the scope of their authority and employment, generally and more specifically as set forth below: (a) In allowing a sign laying in the customer walkway at the Premises to remain, thereby posing a hazardous condition and an unreasonable risk of injury to the Plaintiff and to other persons lawfully upon the premises; (b) In failing to remove a sign laying in the customer walkway and thereby allowing the same to be and remain a dangerous condition when Defendant knew or should have known about it; (c) in failing to remove the sign from the sidewalk when the Defendant knew or should have known of the impending and ongoing rain and wind storm thus eliminating the risk that it would fall over and thereby cause a tripping hazard for business invitees; (d) In failing to make a reasonable inspection of said Premises which would have revealed the existence of the dangerous condition posed by the sign during the rain and wind storm, and thereby allowing the same to be and remain a dangerous condition when the Defendant knew or should have known of it; (e) In failing to ensure the walkway at said Premises was maintained in a safe condition to prevent injury to the Plaintiff, Phyllis Greensmith, and other persons lawfully upon the Premises; In failing to maintain the customer walkway on the Premises in a reasonably safe condition that would prevent a customer from tripping and falling; and (g) In otherwise failing to use reasonable prudence and care to keep the walkways on the Premises in a safe condition. 26. Defendant, Qualex, Inc., had actual knowledge or should have known through the exemise of ordinary care and diligence that, because there was a sign laying in the walkway on the Premises it thereby created a dangerous condition on the Premises where Plaintiff, Phyllis Greensmith, tripped and fell. 27. As a direct and proximate result of the negligence of Defendant, Qualex, Inc., Plaintiff, Phyllis Greensmith, sustained serious injuries including, but not limited to, a fractured wrist and a tear of her rotator cuff. 28. As a direct and proximate result, Plaintiff, Phyllis Greensmith, was required to have surgery on her wrist, a cast applied, and physical therapy. 29. As a direct and proximate result of the negligence of Defendant, Qualex, Inc., Phyllis Greensmith was required to have physical therapy and injections of medicine in her shoulder in an attempt to alleviate pain. 30. As a direct and proximate result of the negligence of Defendant, Qualex, Inc., Phyllis Greensmith, has undergone great physical pain, discomfort and mental anguish and she will continue to endure the same for an indefinite period of time in the future, to her great detriment and loss, physically, emotionally and financially. 31. As a direct and proximate result of the negligence of Defendant, Qualex, inc., Phyllis Greensmith, has been, and will in the future be, hindered from attending to her daily duties to her great detriment, loss, humiliation and embarrassment. 32. As a direct and proximate result of the negligence of Defendant, Qualex, Inc., Plaintiff, Phyllis Greensmith, has, and will in the future, suffer a loss of life's pleasures. 33. As a direct and proximate result of the negligence of Defendant, Qualex, Inc., Plaintiff, Phyllis Greensmith, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss. 34. Plaintiff believes and therefore avers that her injuries are permanent in nature. WHEREFORE, Plaintiff, Phyllis Greensmith, seeks damages from the Defendant, Qualex, Inc., in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and demands a trial by jury. Dated: Respectfully submitted, ENBERG (717) 238-2000 Attorneys for Plaintiff The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Phyllis G~ensmith Date: PHYLLIS GREENSMITH, Plaintiff V. GIANT FOOD STORES, INC. and QUALEX, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-3834 Civil Term . : : CIVIL ACTION - LAW · JURY TRIAL DEMANDED . ENTRY OF APPEARANCE To: Prothonotary: Kindly enter the appearance of Jayson R. Wolfgang, Esquire and Buchanan Ingersoll Professional Corporation as counsel for Defendant Qualex, Inc. in the above-captioned action. DATE: BUCHANAN INGERSOLL PROFESSIONAL CORPORATION BY:Jayson/R. !~Volfgang, E'sc~r~'-~ Pa. I.D. #62076 ~/c/ One South Market Square 213 Market Street, 3r~ Floor Harrisburg, PA 17101 (717) 237-4800 CERTIFICATE OF SERVICE I, Jayson R. Wolfgang, Esquire, certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicate below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure by first-class mail: W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 George B. Faller, Jr., Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 DATE: Jay~n ~. V~olfgang, Esquf~J ~ SHERIFF'S RETURN - CASE'NO: 2001-03834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENSMITH PHYLLIS VS GIANT FOOD STORES INC ET AL REGULAR BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIANT FOOD STORES INC the DEFENDANT , at 0914:00 HOURS, at 1149 HARRISBURG PIKE CARLISLE, PA 17013 AARON FURMERY, LOSS PREVENTION on the 27th day of June , 2001 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 Service Affidavit Surcharge 18 00 3 10 00 10 00 00 31 10 Sworn and Subscribed to before me this ~ ~ day of ~j ~- -~Z~o ~ A.D. {~r~thonotary / ! ' So Answers: R. Thomas Kline 07/30/2001 HANDLER HENNING & ROSENBERG SHERIFF'S CASE NO: 2001-03834 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREENSMITH PHYLLIS VS GIANT FOOD STORES INC ET AL RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT QUALEX INC but was unable to locate Them in his bailiwick. deputized the sheriff of PHILADELPHIA County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: He therefore Pennsylvania, to On July 30th , 2001 this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Philadelphia 116.00 .00 141.00 07/30/2001 R. Thomas K][ine Sheriff of Cumberland County HANDLER HENNING & ROSENBERG Sworn and subscribed to before me this ~? day ~m/ A.D. ~'~ -'Prothonotary' 3ERVE: In The Court of Common Pleas of Cumberland County, Pennsylvania Phyllis Greensmith VS. Giant Food Stores, Inc. et al Qualex, Inc. No. gl 3834 civil Now, June '25, 2001 hereby deputize ~e'Sheriff of Philadelphia deputation being made at the request and risk of the Plaintiff. , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Sheriffof Cumberland Cotmty~ PA HOW, Affidavit of Service ,20 ~at o'clock M. served the within upon by handing to a and made kaxown to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ., 20__ Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN -- SUMMONS/COMPLAINT NO. [] Defendant SEBVED AND MADE KNOWN TO. /c/ z90 ~/~ ~,~ A~ ~' Z5 ~ Defendont Company by handing (: true and attested copy of the within Summons/Complaint, issued in the above captioned matter on _ /9 ,gL O , atLO.'Oe o'clock, State of Pennsylvania, to ,~ ~ ~,2 ~ ~ ~ (1) the aforesaid defendant, personally; , in the County of Philadelphia, [~ (2) an adult member of the family of said defendant, with whom said defendant resides, who stated that his/her relationship to said defendant is that of [] {3) an adult person in charqe of defendant's residence; the said adult person havinq refused, upon quest, to qive his/her name and relationship to said defendant; [] (4) the manaqer/clerk of the place of lodqing in which said defendant resides; ~ (5) agent or person for the time being in charqe of defendant's office or usual place of business. [] (6) the and officer of said defendant Company; So Answers, JOHN O. GREEN, Sheriff Deputy 12-38 (Rev. F:/FILES'xDATAFILE~Macdoc cur\143 pta I/nlm Created: 08/07/01 II:I6:IOAM · 9500.]43 PHYLLIS GREENSMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GIANT FOOD STORES, INC. and : QUALEX, 1NC., : NO. 01-3834 CIVIL ACTION-LAW FURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Giant Food Stores, LLC, (Incorrectly captioned Giant Food Stores, Inc.) in the above matter. MARTSON_D~EARDORFF WILLIAMS & OTTO BYGeofge B. Failer, Jr., t~uire I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Giant Food Stores, LLC (Incorrectly captioned Giant Food Stores, Inc.) Dated: August 7, 2001 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Jayson R. Wolfgang, Esquire BUCHANAN INGERSOLL PC 213 Market Street 3rd Floor Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 7, 2001 PHYLLIS GREENSMITH, Plaintiff GIANT FOOD STORE, INC. and QUALEX, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3834 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED DEFENDANT GIANT FOOD STORE~ LLC'S (Incorrectly captioned Giant Food Stores, Inc.) ANSWER TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Denied as stated. To the contrary, the present corporation of the Defendant is Giant Food Stores, LLC, which is a successor in interest to Giant Food Stores, Inc., which is a Delaware corporation. It is admitted that Giant Food Stores, LLC has a registered office located at 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. Admitted. 4. It is admitted that Giant possessed, managed and controlled the interior of the premises located at 310 East Penn Drive, Enola, Cumberland County, Pennsylvania at which it operated a Giant Food Store. It is denied that Giant had ownership interest, the premises were in fact leased. 5. The averments of this paragraph refer to a part other than the answering Defendant and therefore, no response is required. 6. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in these paragraphs. The averments are therefore deemed denied and proof is demanded. 7. It is denied that the Defendant, Giant Food Store had exclusive control of the premises. To the contrary, the area was open to the public at the time. 8-9. Denied pursuant to Pa. R.C.P. 1029 (e). 10. reference. 11. 12. COUNT I - NEGLIGENCE Phyllis Greensmith v. Giant Food Stores, Inc. The averments of paragraphs 1 through 9 of this Answer are hereby incorporated by Denied. To the contrary, see the averments in response to paragraph 7. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the troth or falsity of the averments contained in these paragraphs. It is not alleged what particular agents, servants or employees acting within the scope of their authority and employment committed any acts of negligence. The remaining averments of this paragraphs are denied pursuant to Pa. R.C.P. 1029 (e). 13-21. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant Giant Food Stores, LLC, (Incorrectly captioned Giant Food Stores, Inc.) demands judgment in their favor and dismissal of Plaintiff's Complaint with prejudice. COUNT II - NEGLIGENCE Phyllis Greensmith v. Oualex, Inc. 22. The averments of paragraphs 1 through 9 of this Answer are hereby incorporated by reference. 23-34. The averments of these paragraphs refer to a party other than the answering Defendant and therefore no response is required. To the extent a response may be deemed required, these averments are denied. WHEREFORE, Defendant, Giant Food Stores, LLC, (Incorrectly captioned Giant Food Stores, Inc.) demands judgrnent in their favor and dismissal of Plaintiff's Complaint with prejudice. NEW MATTER PURSUANT TO PA. R.C.P. 2252 (d) Giant Food Stores, Inc. v. Qualex, Inc. 35. The averments of Plaintiff's Complaint, which averments have been specifically denied, are hereby incorporated for the limited purpose of this cross claim. 36. If Plaintiff is entitled to recover fi.om any party, which is expressly denied, then co- Defendant, Qualex, Inc. is alone liable to Plaintiff or liable over to Giant Food Stores by way of contribution and/or indemnity or are jointly and/or severally liable to Defendant, Giant Food Stores on account of their own negligence or other liability producing conduct as alleged in the pleadings. 19. If Defendant, Giant Food Stores is found liable to Plaintiff which liability is expressly denied, its liability is secondary and passive to the liability of co-Defendant, Qualex, Inc. whose liability is primary and active. WHEREFORE, Defendant, Giant Food Stores demands judgment against co-Defendant, Qualex, Inc. for all sums that may be adjudged against Defendant, Giant Food Stores in favor of Plaintiff; in the alternative, Defendant, Giant Food Stores demands judgment against co-Defendant, Qualex, Inc. for contribution and/or indemnity for the appropriate part of the amount of damages and costs awarded to Plaintiff, if any. MARTSON DEARDORFF WILLIAMS & OTTO Geo~ge/B~ Fall6r,/Jr., Esqui~x~ I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Giant Food Stores, LLC (Incorrectly captioned Giant Food Stores, Inc.) VERIFICATION TIMOTHY REARDON, who is Vice President-Risk Management and Support Services of Giant Food Stores, LLC and acknowledges that he has the authority to execute this Verification in behalf of Giant Food Stores, LLC certifies that the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Answer is that of counsel and not my own. I have read the document and to the extent that the Answer is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, infonnation and belief. To the extent that the content of the Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Dated: Giant Food S~res,f Tim6th)/,~ardon Vice P?e~ident - Risk Mgt. & Support Services CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant Giant Food Stores, LLC's (Incorrectly captioned Giant Food Stores, Inc.) Answer to Plaintiff's Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Jayson R. Wolfgang, Esquire BUCHANAN INGERSOLL PC 213 Market Street 3rd Floor Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Oated: q) }oI PHYLLIS GREENSMITH, Plaintiff V. GIANT FOOD STORES, INC. and QUALEX INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3834 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: GIANT FOOD STORES, LLC c/o George B. Failer, Jr., Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BUCHANAN INGERSOLL PROFESSIONAL CORPORATION .,/~J'~so~ R. W01fgang I.D. No. 62076 Stephen Moniak I.D. No. 80035 One South Market Square 213 Market Street, Third Floor Harrisburg, PA 17101 (717) 237-4800 DATED: October --~, 2001 PHYLLIS GREENSMITH, Plaintiff V. GIANT FOOD STORES, INC. and QUALEX INC. Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3834 Civil Term CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT QUALEX INC.'S ANSWER TO NEW MATTER PURSUANT TO PA. 1~ CIV. P. 2252(d) OF DEFENDANT~ GIANT FOOD STORES~ LLC WITH NEW MATTER NOW COMES, Defendant Qualex Inc., and files the within Answer to New Matter Pursuant to Pa.R.Civ.P. 2252(d) of Defendant Giant Food Stores, LLC with New Matter, and in support thereof avers as follows: 35. Defendant Qualex Inc. incorporates by reference pursuant to Pa. R.Civ.P. 1019(g) paragraphs 1 through 44 of its Answer with New Matter and New Matter Pursuant to Pa. R.Civ. P. 2252(d) as if fully set forth herein. 36. The averments contained in paragraph 36 constitute conclusions of law to which no response is required. To the extent a response is required, Defendant Qualex Inc. denies the averments of this paragraph. [37]. The averments contained in paragraph [37] constitute conclusions of law to which no response is required. To the extent a response is required, Defendant Qualex Inc. denies the averments contained in this paragraph. WHEREFORE, Defendant Qualex Inc, respectfully requests that judgment be entered in its favor and against Defendant Giant Food Stores, LLC together with costs of this action, attorney's fees and such further relief as this Court deems appropriate. NEW MATTER 38. Defendant Giant Food Store, LLC ("Giant") has failed to state a claim upon which relief may be granted against Defendant Qualex Inc. 39. Defendant Qualex Inc. and Defendant Giant entered into a certain "Master Lease Agreement" ("Agreement") dated April 16, 1997. 40. Pursuant to the Agreement, Defendant Giant agreed and accepted all risks related to, inter alia, the sign at issue in this matter. 41. Pursuant to the Agreement, Defendant Giant agreed that Defendant Qualex Inc. "shall have no liability to [Giant], [Giant's] customers, or any third parties for any loss, damage, or expense of any kind or nature arising out of this lease." 42. Pursuant to the Agreement, Defendant Giant agreed to indemnify and hold harmless Defendant Qualex Inc. "from and against any and all liabilities (including, but not limited to, negligence, tort and strict liability), obligations, losses, damages, injuries, claims, demands, penalties, actions, cost and expenses, including reasonable attorney's fees, of whatsoever kind and nature (including without limitation, claims of injury, death or property damage), arising out of or related to this Agreement, each Lease Schedule, and the Equipment." 2 43. Pursuant to the Agreement, Defendant Qualex Inc.'s "liability for direct damages whether the claim alleges breach of contract or any other theory which results in bodily injury or damage to the property shall be limited to $500.00." WHEREFORE, Defendant Qualex Inc. respectfully requests that judgment be entered in its favor and against Defendant Giant Food Stores, LLC together with costs of this action, attorney's fees and such further relief as this Court deems appropriate. DATED: October--~[-, 2001 BUCHANAN INGERSOLL Z~ljP~ CORPORATION Stephen Moniak I.D. No. 80035 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Defendant Qualex Inc. 3 VERIFICATION I, Susan M. Kimher, on behalf of Qualex Inc., verify that the statements made in the Answer to New Pursuant to Pa. R. Civ. P. 2252(d) of Defendant, Giant Food Stores, LLC with New Matter are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Dated: ~/~ ~ ~I °2X/'d { Susan M. Kircher ~ CERTIFICATE OF SERVICE I, Stephen Moniak, certify that I am this day serving a copy of the foregoing Answer to New Matter in the Nature ora Crossclaim of Defendant, Giant Food Store, LLC with New Matter upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by United States mail, first class, postage prepaid upon: W. Scott Henning, Esquire HANDLER HENNING & ROSENBERG 1300 Linglestown Road Harrisburg, PA 17110 George B. Failer, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 DATE: October .~L., 2001 PHYLLIS GREENSMITH, Plaintiff GIANT FOOD STORES, INC. and QUALEX INC. Defendants TO: PHYLLIS GREENSMITH c/o W. Scott Henning, Esquire Handler, Henning & Rosenberg 1300 Linglestown Road Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3834 Civil Term CiVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. DATED: October ~L%2001 BUCHANAN INGERSOLL P~~~..~~L CORP ORATION /'~i~e6~ . Wolfgan~ I.D. No. 62076 Stephen Moniak I.D. No. 80035 One South Market Square 213 Market Street, Third Floor Harrisburg, PA 17101 (717) 237~4800 PHYLLIS GREENSMITH, Plaintiff V. GIANT FOOD STORES, 1NC. and QUALEX INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3834 Civil Term C1VIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.Civ. P. 2252(d) OF DEFENDANT QUALEX INC. NOW COMES, Defendant, Qualex Inc., by its attorneys, Buchanan Ingersoll Professional Corporation, and files the within Answer to Plaintiffs Complaint With New Matter and Crossclaim pursuant to Pa.R. Civ. P. 2252(d) as follows: 1. After reasonable investigation, Defendant Qualex Inc. is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 1 and the same are therefore denied. 2. After reasonable investigation, Defendant Qualex Inc. is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 2 and the same are therefore denied. 3. Admitted in part and denied in part. The averments in paragraph 3 are admitted except that Answering Defendant's correct name is Qualex Inc. 4. Admitted in part and denied in part. It is admitted that Defendant, Giant Food Stores, Inc. ("Giant"), possessed, managed and controlled the premises located at 310 East Penn Drive, Enola, Cumberland County, Pennsylvania at which it operated a Giant Food Store. As to Giant's alleged ownership of the premises, Defendant Qualex Inc. is without knowledge or information sufficient to form a belief as to the truth of said averments and the same are therefore denied. 5. Denied. It is specifically denied that Defendant Qualex Inc. "was in ownership, possession, management and control of a photo processing store located on the premises at and known as 310 E. Penn Drive, Enola, Cumberland County, Pennsylvania, 17025 at which was operated Giant Food Store". By way of further answer, the relationship between Defendant Q~alex Inc. and Giant was governed by a "Master Lease Agreement" dated April 16, 1997, which document speaks for itself. 6. The averments of paragraph 6 constitute conclusions of law to which no response is required. To the extent a response is required, Defendant Qualex Inc. is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 6 and the same are therefore denied. 7. Denied. It is specifically denied that Defendant Qualex Inc. had "exclusive control of said Premises, had allowed a Qualex photo processing sign to blow over and lay in the middle of the walkway used by grocery customers entering and exiting the Giant Food Store during a rain storm". By way of further answer, Defendant Qualex Inc. is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of paragraph 7 and the same are therefore denied. 8. The averments contained in paragraph 8 constitute conclusions of law to which no response is required. To the extent that a response is required, Defendant Qualex Inc. denies that it had an obligation to inspect or ensure safety of the premises or others. 9. After reasonable investigation, Defendant Qualex Inc. is without knowledge or information sufficient to form a belief as to the troth of the averments of paragraph 9 and the same are therefore denied. 10. COUNT I - NEGLIGENCE Phyllis Greensmith v. Giant Food Stores, Inc. Defendant Qualex Inc. incorporates its answers to paragraphs 1 through 9 as if fully set forth herein. 11-21. The averments contained in paragraphs 11 through 21 are directed to a party other than Defendant Qualex Inc. and accordingly, no response is required. WHEREFORE, Defendant Qualex Inc. respectfully requests that judgment be entered in its favor and against Plaintiff, together with costs of this action, attorney's fees and such further relief as this Court deems appropriate. 22. COUNT II - NEGLIGENCE Phyllis Greensmith v. Qualex Inc. Defendant Qualex Inc. incorporates its answers to paragraphs 1 through 21 as if fully set forth herein. 23. Denied. The averments contained in paragraph 23 constitute conclusions of law to which no response is required. To the extent a response is required, Defendant Qualex Inc. denies that it was "in possession, management and control of the Premises." By way of further answer, Defendant Qualex Inc. is without knowledge or information sufficient to form a belief as to the circumstances surrounding Plaintiffs alleged injury as averred in paragraph 23 and the same is therefore denied. 24. Denied. The averments contained in paragraph 24 constitute conclusions of law to which no response is required. To the extent a response is required, the averments contained in these paragraphs are denied. By way of further answer: (a). Denied. It is denied that the sign itself was a dangerous condition. It is further denied that Defendant Qualex Inc. was negligent "in allowing a sign laying in the customer walkway at the Premises to remain, thereby posing a hazardous condition and an unreasonable risk of injury to the Plaintiff and to other persons willfully upon the premises." (b). Denied. It is denied that the sign itself was a dangerous condition. It is further denied that Defendant Qualex Inc. was negligent "in failing to remove a sign laying in the customer walkway and thereby allowing the same to be and remain a dangerous condition when Defendant knew or should have known about it." (c). Denied. It is denied that Defendant Qualex Inc. was negligent "in failing to remove the sign from the sidewalk when the Defendant knew or should have known of the impending and ongoing rain and windstorm thus eliminating the risk that it would fall over and thereby cause a tripping hazardous for business invitees." (d). Denied. It is denied that the sign itself was a dangerous condition. It is further denied that Defendant Qualex Inc. was negligent "in failing to make a reasonable 4 inspection of said Premises which would have revealed the existence of the dangerous condition posed by the sign during the rain and windstorm, and thereby allowing the same to be in and remain a dangerous condition when the Defendant knew or should have known of it." (e). Denied. It is denied that Defendant Qualex Inc. was negligent "in failing to ensure the walkway at said premises was maintained in a safe condition to prevent injury to the Plaintiff, Phyllis Greensmith, and all other persons lawfully upon the Premises." (f). Denied. It is denied that Defendant Qualex Inc. was negligent "in failing to maintain the customer walkway on the Premises in a reasonably safe condition that would prevent a customer from tripping and falling." (g). Denied. It is denied that Defendant Qualex Inc. was negligent "in otherwise failing to use reasonable prudence and care to keep the walkways on the Premises in a safe condition." 25. Plaintiffs Complaint does not contain a paragraph 25. 26. Denied. It is denied that the sign itself was a dangerous condition. It is further denied that Defendant Qualex Inc. had actual knowledge or should have known through the exemise of ordinary care and diligence of any dangerous condition alleged by Plaintiff. 27-34. Denied. The averments contained in paragraphs 27 through 34 are denied pursuant to Pa.R.Civ. P. 1029(e). 5 WHEREFORE, Defendant Qualex Inc. respectfully requests that judgment be entered in its favor and against Plaintiff, together with costs of this action, attorney's fees and such further relief as this Court deems appropriate. NEW MATTER 35. Plaintiff has failed to state a cause of action upon which relief may be granted against Defendant Qualex Inc. 36. Plaintiffs injmies, if any, were caused solely by the acts or omissions of Plaintiff and not by Defendant Qualex Inc. 37. Plaintiffs injuries, if any, were caused solely by the acts or omissions of others, who were not under the authority or control of Defendant Qualex Inc. 38. Defendant Qualex Inc. and Defendant Giant entered into a certain "Master Lease Agreement" ("Agreement") dated April 16, 1997. 39. Pursuant to the Agreement, Defendant Giant agreed and accepted all risks related to, inter alia, the sign at issue in this matter. 40. Pursuant to the Agreement, Defendant Giant agreed that Defendant Qualex Inc. "shall have no liability to [Giant],[Giant's] customers, or any third parties for any loss, damage, or expense of any kind or nature arising out of this lease." 41. Pursuant to the Agreement, Defendant Giant agreed to indemnify and hold harmless Defendant Qualex Inc. "from and against any and all liabilities (including, but not limited to, negligence, tort and strict liability), obligations, losses, damages, injuries, claims, 6 demands, penalties, actions, cost and expenses, including reasonable attorney's fees, of whatsoever kind and nature (including without limitation, claims of injury, death or property damage), arising out of or related to this Agreement, each Lease Schedule, and the Equipment." 42. Pursuant to the Agreement, Defendant Qualex Inc.'s "liability for direct damages whether the claim alleges breach of contract or any other theory which results in bodily injury or damage to the property shall be limited to $500.00." WHEREFORE, Defendant Qualex Inc. respectfully requests that judgment be entered in its favor and against Plaintiff, together with costs of this action, attorney's fees and such further relief as this Court deems appropriate. NEW MATTER IN THE NATURE OF A CROSS CLAIM PURSUANT TO PA.R. CIV.P. 2252(d) Qualex Inc. v. Giant Food Stores, LLC 43. The averments of Plaintiffs Complaint, which averments have been specifically denied, and the averments contained in paragraphs 35-42 of New Matter herein, are incorporated by reference for the limited purpose of this crossclaim. 44. If the allegations in Plaintiffs Complaint are proven to be true, which allegations are specifically denied as to Defendant Qualex Inc., the damages complained of were caused solely or in part by the acts or omissions of Defendant Giant as alleged in Plaintiff's Complaint, and Defendant Giant is solely liable and/or jointly liable to Plaintiff and/or jointly and severally liable to the Plaintiff and/or liable over to Defendant Qualex Inc. for contractual or common law indemnity and/or contribution. 7 WHEREFORE, Defendant Qualex Inc. respectfully requests that judgment be entered in its favor and against Defendant Giant Food Stores LLC, together with costs of this action, attorney's fees and such further relief as this Court deems appropriate. DATED: October ~L, 2001 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION ~son ~ Wo[fgang I.D. No. 62076 Stephen Moniak I.D. No. 80035 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Attorneys for Defendant Qualex Inc. 8 VERIFICATION I, Susan M. Kircher, on behalf of Qualex Inc., verify that the statements made in the Answer with New Matter and New Matter Pursuant to Pa.R.Civ. P. 2252(D) of Defendant Qualex Inc. are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Susan M. Kircher 1/ Dated:~-~'~//vt~ ~f ,2~ f CERTIFICATE OF SERVICE I, Stephen Moniak, certify that I am this day serving a copy of the foregoing Answers to Plaintiffs Complaint with New Matter and Crossclaim upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by United States mail, first class, postage prepaid upon: W. Scott Henning, Esquire HANDLER HENNING & ROSENBERG 1300 Linglestown Road Harrisburg, PA 17110 George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 DATE: October .~, 2001 PHYLLIS GREENSMITH, Plaintiff GIANT FOOD STORES, INC. and QUALEX, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-3834 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED RESPONSE OF DEFENDANT GIANT FOOD STORES, LLC'S (A Successor in Interest h, Giant Food Stores, Inc.) TO DEFENDANT QUALEX, INC.'S ANSWER TO NEW MATTER PURSUANT TO PA. R.C.P. 2252(d) OF DEFENDANT, GIANT FOOD STORES, LLC'S WITH NEW MATTER TO: PHYLLIS GREENSMITH, Plaintiff, and her attorney, W. SCOTT HENNING, ESQUIRE 38. Denied pursuant to Pa. R.C.P. 1029(e). 39. Admitted. 40. Denied. To the contrary, the Master Lease Agreement is a written agreement which speaks for itself. 41. Denied. To thc contrary, thc Master Lease Agreement is a written agreement which speaks for itself. 42. Denied. To the contrary, the Master Lease Agreement is a written agreement which speaks for itself. 43. Denied. To the contrary, the Master Lease Agreement is a written agreement which speaks for itself. WHEREFORE, Defendant, Giant Food Stores, LLC (A successor in Interest to Giant Food Stores, Inc.) demands judgment in its favor and dismissal of this New Matter with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO BYGeorge .~Fa]~er, ~r~, ~s~. Attorney I.D. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Giant Stores, LLC Date: October 4, 2001 CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent ofMARTSON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Response of Defendant Giant Food Stores, LLC's (A Successor in Interest to Giant Food Stores, Inc.) To Defendant Qualex, Inc.'s Answer to New Matter Pursuant to Pa. R.C.P 2252(d) of Defendant, Giant Food Stores, LLC's with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Jayson R. Wolfgang, Esquire BUCHANAN INGERSOLL PC 213 Market Street 3rd Floor Harrisburg, PA 17101 MARTSON DEARDORFF WILLIAMS & OTTO By Melinda~ A. Hall t2 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 4, 2001 PHYLLIS GREENSMITH, Plaintiff GIANT FOOD STORES, INC. and QUALEX INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA No. 01-3834 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER PROPOUNDED BY DEFENDANTS, QUALEX INC. AND NOW, comes Plaintiff, Phyllis Greensmith by and through her attorneys, HANDLER, HENNING & ROSENBERG, by W. Scott Henning, who answers Defendants' New Matter as follows: 35. DENIED. The allegation set forth in Paragraph 35 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary it is denied that the Plaintiff has failed to state a cause of action upon relief can be granted, and proof to the contrary is demanded at the trial in this matter. 36. DENIED. The allegation set forth in Paragraph 36 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff's injuries were caused solely by the acts of omissions of the Plaintiff, and proof to the contrary is demanded at the trial in this matter. By way of further answer, to the extent that Defendant, Qualex Inc. is asserting that the Plaintiff was in any contributorily or comparatively negligent, that allegation is denied and proof of the Plaintiff's negligence is demanded. 37. DE~NIE~D. The allegation set forth in Paragraph 37 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiff's injuries were caused solely by the acts or omissions of others over whom Defendant Qualex Inc. did not have any authority or control, and proof to the contrary is demanded at the trial in this matter. 38. DENI£D. The allegation set forth in Paragraph 38 addresses a statement of fact upon which the Plaintiff, after reasonable investigation, does not have any specific knowledge or information. Proof of the existence and execution of a "Master Lease Agreement" and its applicability to the subject cause of action is demanded at the trial in this matter. 39. DENIED. The allegation set forth in Paragraph 39 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that any agreement between Defendant Giant Food Stores Inc. and Qualex Inc., being a writing, speaks for itself and its applicability to the subject cause of action must be determined by the Honorable Court. 40. DENIED. The allegation set forth in Paragraph 40 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that any agreement between Defendant Giant Food Stores Inc. and Qualex Inc., being a writing, speaks for itself and its applicability to the subject cause of action must be determined by the Honorable Court. 41. DENIED. The allegation set forth in Paragraph 41 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that any agreement between Defendant Giant Food Stores Inc. and Qualex Inc., being a writing, speaks for itself and its applicability to the subject cause of action must be determined by the Honorable Court. 42. DENIED. The allegation set forth in Paragraph 42 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that any agreement between Defendant Giant Food Stores Inc. and Qualex Inc., being a writing, speaks for itself and its applicability to the subject cause of action must be determined by the Honorable Court. 43-44. DENIED. The allegations set forth in Paragraphs 43 and 44 are directed by Defendant Qualex Inc. to Giant Food Stores, LLC, in the form of a crossclaim, hence, no responsive pleading is required by the Plaintiff. WHEREFORE, Plaintiff demand judgment against Defendant Qualex Inc. for the relief set forth in its Complaint. HANDLE~, ~IENNING &.J~;)*-~E, NBERG By: W. Scott Henni~tg,/EsquireJ Supreme Court ~ 322~ P.O. Box 1177 Harrisburg, PA 17108 (717) 238-2000 Attorneys for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. Scott Henning, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: W. Scott~ PHYLLIS GREENSMITH, Plaintiff GIANT FOOD STORES, INC. and QUALEX INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3834 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVlCF On the }~)-I day of ~/,~:~O~'~,"~,j, 2001, I hereby certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter was served upon the following persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid as follows: Date: George B. Failer, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Jayson R. Wolfgang, Esquire BUCHANAN INGERSOLL One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 HANDLER, HENNING & ROSENBERG Z Supreme ~ # ~2@8 P.O. Box 1177 Harrisburg, PA ~7/08 (717) 238-2000-v Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GREENSMITH Vs. GIANT FOODSTORES/QUALEX NO. CERTIFICATE 013834 PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a pursuant 1. 2 o subpoena(s) for documents and things to Rule 4009.22 GEORGE FALLER, ESQUIRE certifies that: A Notice of Intent to Serve the Subpoena(s) with a copy of the subpoena(s) attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is sought to be served, A copy of the Notice of Intent, including the proposed subpoena(s) is attached to this certificate, No objection to the subpoena(s) has been received, and The subpoena(s) which will be served is identical to the subpoena(s) which is attached to the Notice of Intent to Serve the Subpoena(s). Date: 10/04/01 File #: M279136 GEORGE FALLER, ESQUIRE MARTSON DEARDORFF WILLIAMS TEN EAST HIGH STREET CARLISLE, PA 17013 717-243-3341 ATTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA PA 19135 (215) 335-3590 INC. By: Angelique Cianci IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GREENSMITH Vs. GIANT FOODSTORES/QUALEX No. 013834 TO: W SCOTT HENNING JAYSON WOLFGANG NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 DEFENDANT intends to serve a subpoena(s) identical to the one(s) attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: 09/13/01 GEORGE FALLER, ESQUIRE MARTSON DEARDORFF WILLIAMS TEN EAST HIGH STREET -' .C3%RLISLE, PA 17013 ~TTORNEY FOR DEFENDANT INQUIRIES SHOULD BE ADDRESSED TO: MEDICAL LEGAL REPRODUCTIONS, 4940 DISSTON STREET PHILADELPHIA, PA 19135 (215) 335-3590 INC. By: Angelique Cianci Enc(s): File #: Copy of subpoena(s) Counsel return card M279136 (~TH OF p]~qSY~ GREENSMITH Vs. GIANT FOODSTORES/QUALEX File No. 013834 TO: ORTHO INST OF SUBPOENA TO PRCOUCE DOO_II"~NTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 PA, 875 POPLAR CHURCH RD, CAMP HILL PA 17011-2208 (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: __ SEE ATTACHED - )DENDUM MEDICAL LE(~AL REPRODUCTIONS%Ad~ss~940 DISSTON ST., PHILA., PA You may deliver cc mail legible copies of the documents o~ produce things requested bt this subpoena, together with the certificate of cu,oliance, to the party making this request at the address listed 'above. You have the right to seek in advance the rea~.onabl~ cost of preoaring the copies or producing the things sought. If you fail to produce the documents cc things required by this subpoena within twenty (20) days after its service, the party serving 'this subpoena may seek a court order' ormDelling you to cu,~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSCN: NAMe: ~W.C)RO~E FALLER. ESQ ADO~ESS: ~RFF WILLIAMS TELEPHONE: SUPREME ODLRT ID ~ ATTORNEY F(~: CARLISLE, PA 17013 215-335-3212 49'813 DEFENDANT M279136-01 1 ':~eal of the BY THE CCt%RT: Prothonotar~/~:~erk, Civil Division ~puty (Elf. '7'/97) 'ADDENDUM TO SUBPOENA GREENSMITH Vs. GIANT FOODSTORES/QUALEX No. 013834 CUSTODIAN OF RECORDS FOR: ORTHO INST OF PA ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: DATE NAME: ADDRESS: OF BIRTH: SSAN: PHYLLIS GREENSMITH 127 LAUREL DR 03/07/28 035383219 CERTIFIED PHOTOCOPIES V~qLL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] [ ] RECORDSAREATTACHEDHERET~:I hereby certify as custodian of records that, to the best ~f my knowledge, information and belief all documents or things above mentioned have been produced. NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for ORTHO INST OF PA M279136-01 *** SIGN AND RETURN THIS PAGE *** COM~IDNWEALTH OF p~NSYLVANIA GREENSMITH Vs. GIANT FOODSTORES/QUALEX COUNTY OF ~ Fi le No. 013834 SUBPOENA TO PROOUCE COD..t'~NTS OR THINGS FOR DISCOVERY pURSUANT TO RULE 4009.22 TO: HOLY SPIRIT HOSP, 503 N 21ST ST, CAMP HILL PA 17011 ~q~. MEDT~AT, RECORDS DEPT (Nan~ of Person or' Entity) Within twenty (20) days after se~¥ice of this subpoena, you are ocde~ed by the court to produce the fol lowir~3 doc~T~nt.~ cc thin SEE FTACHED ADDENDUM at MEDICAL LEGAL REPRODUCTIONS(A~k~ss9940 DISSTON ST., PHILA., PA You may deliver c~ mail legible copies of the documents c~ produce things requested this subpoena, together with the certificate of c~,'oliance; to the party making thiz request at the address listed above. You have the right to seek in advance the reasonabl( cost of preparing the copies or p~oducing the things sought. I f you (20) days cxml~elling you to cu,Oly with it. THIS SUBPOENA WAS ISSUED AT THE RE(i~IEST OF THE FOLLCWIN~ PERSON: NAME: ~.OR~E FALLER, ESQ ADO~ESS: ~RFF WILLIAMS fail to produce the documents c~ things required by this subpoena within twenty afte~ its service, the party serving 'thi~ subpoena may seek a court orde.' TELEPHONE: SUPREP[ COURT ID ~ A~-~ORNEY FOR: CARLISLE, PA 17013 215-~35-3212 ~9~13 DEFENDANT M279136-02 DATE: '~e~l of the C~urt BY THE COL~T: Prothonotary/(~l'e~k, Civil Division (Eff. 7/97) 'ADDENDUM TO SUBPOENA GREENSMITH VS. GIANT FOODSTORES/QUALEX NO. 013834 CUSTODIAN OF RECORDS FOR: HOLY SPIRIT HOSP Any and all hospital records, including microfilm, microfiche emergency room reports, x-ray reports, out-patient records physical therapy records, and any other information pertaining to: NAME: PHYLLIS GREENSMITH ADDRESS: 127 LAUREL DR DATE OF BIRTH: 03/07/28 SSAN: 035383219 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN COMPLETE AND RETURN [ ] RECORDSAREATTACHEDHERETO:i hereby certify as custodian of records that, to the best of my knowledge{ information and belief all documents or things above mentxoned have been produced. [ ] NO DOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HOLY SPIRIT HOSP M279136-02 *** SIGN AND RETURN THIS PAGE *** C~TH OF p]~SYLVANTA COUNTY OF ~ GREENSMITH VS. GIANT FOODSTORES/QUALEX File No. 013834 TO: SUBPOENA TO PRCOUC~ DOOJI'~NTS O~ THINQS FOR DISCOVERY PURSUANT TO RULE 4009.22 EAST PEN-NSBORO AMBUI~NCE, 750 S HUMER ST, ENOLA PA 17025 (Na~e of Person or Entity) within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following doc~nent.~ or things: SEE ATTACHED ADDENDUM MEDICAL LEGAL REPRODUCTIONS<A~ss~940 DISSTON ST., PHILA., PA You may deliver or mail legible copies of the doct~nents c~ produce things requested this subpoena, together with the certificate of o3,'~liance, to the party making thiz request at the address listed above. You have the right to seek in advance the rea~onabl~ cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving thi-~ .~,ubpoena may seek a court orde~' c~m~elling you to co~ly with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLCWlNG PERSC6h ~RnR~R FAT,T,RR. ESQ ADO~ ESS: ~'~RTSOi~ DEARDC, RFF WILLIAMS TELEPHONE: E~PRE~ (X~JRT ID ~ ATTORNEY FOR: CARLISLE, PA 17013 215-335-3212 ~g~13 DEFENDAIqT M279136-03 DATE: .~~ 17 ~/_ Se~l of the Codrt BY THE CC~JRT: Prothonotary/C~4e~k, Civil Divisien /' " O~puty (Eff. 7'/97) PADDENDUM TO SUBPOENA GREENSMITH Vs. GIANT FOODSTORES/QUALEX No. 013834 CUSTODIAN OF RECORDS FOR: EAST PENNSBOROA~BULANCE ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: ADDRESS: DATE OF BIRTH: SSAN: PHYLLIS GREENSMITH 127 LAUREL DR 03/07/28 035383219 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] RECORDSAREAFTACHEDHERETO:~ hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. [ ] NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for EAST PENNSBORO AMBULANCE M279136-03 *** SIGN AND RETURN THIS PAGE *** CCk'.~0NWEALTH OF pt~SYLVANI. A GREENSMITH Vs. GIANT FOODSTORES/QUALEX COUNTY OF OJMBERLAND File No. 013834 TO: SUBPOENA TO PRCOUCE [XiOJMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 MAGNETIC IMAG CTR, 4665 TRINDLE RD, MECI4ANICSBURG PA 17055 (Name of Person cc Entity) Within tweoty (20) days after service of this subpoena, you a~e ccde~ed by the court to produce the fol lowincj docunent.~ or thin MEDICAL LEGAL REPRODUCTIONS~A~a, ss%940 DISSTON ST., PHILA., PA You may delive~ or mail legible copies of the docLrnents or produce things requested b', this subpoena, together with the certificate of ou,oliance, to the party making thiz request at the address listed 'above. You have the right to seek in advance the rea~onab]~ cost of preparing the copies or 0roducing the things sought. If you fail to produce the docL[nents cc things required by this subpoena within twenty (20) days after its service, the party serving thin subpoena ~nay seek a court c~de,- osnDel]ing you to oa,~ly with it. THIS SUBPOENA WAS ISSL~D AT THE REQUEST O6 THE FOLLOWING PERSON: NAME: GEORGE FALLER, ESQ ADORESS: ~TCCN ..... RFF WILLIi~S TELEPHONE: SUPREME CO~AgT ID # A3-FORNEY FOR: CARLISLE, PA 17013 215-335-3212 DEFENDANT M279136-04 DATE: ~~ / 7: ~Je-o/ '~al of the Court BY THE C03RT: Prothonoter~/C]/erk, Civil Division ~' ' Deputy (Eff. 7/97) -ADDENDUM TO SUBPOENA GREENSMITH VS. GIANT FOODSTORES/QUALEX No. 013834 CUSTODIAN OF RECORDS FOR: MAGNETIC ~AG CTR ANy AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMOP~ANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: PHYLLIS GREENSMITH ADDRESS: 127 LAUREL DR DATE OF BIRTH: 03/07/28 SSAN: 035383219 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN COMPLETE AND RETURN [ ] [ ] RECORDSAREATTACHED H~RETO:I hereby certify as custodian of records that, to the best of my knowledge{ information and belief all documents or things above mentioned have been produced. NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-rAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for MAGNETIC IMAG CTR M279136-04 *** SIGN AND RETURN THIS PAGE *** cO~NWEALTH OF p~IqNSYLVANIA GREENSMITH VS. GIANT FOODSTORES/QUALEX C~OF Ct~ Fi le No. 013834 TO: SUBPOENA TO PROEX. ICE DOCUMENTS OR THINGS FC~R DISCOVERY PURSUANT TO RULE 4009.22 CENTRAL PENN PHYS THPY, 875 POPLAR CHURCH RD STE 100, Ci~viP HILL PA 1701 (Name of Person or Entity) within twenty (20) days afte~ service of this subpoena, you are o~dered by the court to produce the following docunent~ o~ things: __ SEE AT TC ] DDENDUM MEDICAL LEGAL REPRODUCTIONS(A~ss~940 DISSTON ST., PHILA., PA You may deliver cc mail legible copies of the documents cc produce things requested ~:', this subpoena, together with the cartificate of c~,'oliance, to the party making thi~ request at the address listed 'above. You have the right to seek in advance the reasonab]~ cost of preparing the copies or producing the things sought. If you fail to produce the docunents cc things required by this subpoena within twent> (20) days afte~ its se~vlce, the party serving 'thin subpoena may seek a court o~de,- co~eilir~3 you to ccmoly with it. THIS ~93BPOENAWAS IS-cUED AT THE REQUEST(DF THE FOLLOW II~3 PERSON: NAME: ~ FALLER. ESQ ADO~ESS: MARTSOI~ ..... RFF WILLIAMS TELEPHONE: SUPRI3"E COURT ID ~ AI-I'ORNEY FOR: CARLISLE, PA ,7013 215-335-3212 DEFENDA~ M279136-05 DATE: ~z~.A.~ /"7 ~z~J · ~{~al of the (i~trt BY /HE COURT: Prothonotary/~ie6k, Civil Divisioo Deputy (Eff. 7'/97) ADDENDUM TO SUBPOENA GREENSMITH VS. GIANT FOODSTORES/QUALEX No. 013834 CUSTODIAN OF RECORDS FOR: CENTRAL PENN PHYS THPY ANy AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE, MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX CARDS AND ANY OTHER INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO: NAME: PHYLLIS GREENSMITH ADDRESS: 127 LAUREL DR DATE OF BIRTH: 03/07/28 SSAN: 035383219 CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE. RECORD CUSTODIAN - COMPLETE AND RETURN [ ] ] RECORDSAREA~TACHED HERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced. NODOCUMENTSAVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for CENTRAL PENN PHYS THPY M279136-05 *** SIGN AND RETURN THIS PAGE *** C~IF~EALTH OF p~qNSYLVANIA COUNTY OF CUMBERZAND GREENSMITH VS. GIAI~T FOODSTORES/QUALEX File No. 013834 SUBPOENA TO pROOUCE DOCUME~S OR THIN(~ FOR DISCOVERY PURSUANT TO I~ULE 4009.22 TO: HERSHEY MED CTR, PO BOX 850, HERSHEY PA 17033 ATTN' M~T~AT, ~RCORDS DEPT (Name of Re. sPa or Entity) Within twenty (20) days aftem service of this subpoena, you are o~d~ed by the coumt to produce the following docLrnentn or' things: SEE ATTACHED )DENDUM at MEDICAL LEGAL REPRODUCTIONS('Ad~N~'ss~940 DISSTON ST., PHILA., PA You may deliver or' Mil legible copies of the doctrnents o~ produce things requested b~ this subpoena, together with the certificate of co~liance, to the party making this request at the address listed 'above. You have the ri~nt to seek in advance the rea~onabI~ cost of preparing the copies or producing the things sought. If you fail to produce the documents o~ things required by this subpoena within twenty (20) days afte~ its service, the party serving thin subpoena may seek a court orde.' c~ellin~ you to cu,~ly with it. T~IS SUBPOENA WAS ISSUED AT I]~E RE(ZJEST OF ll~E FOLLOWING PERSON: TELEPHONE: SUPREME COURT ID ATTORNEY FOR: ~RO~GR FALLER, ESQ MARTSO~ D2~A~DORFF WILLIAMS CARLISLE, PA 17013 215-335-3212 4~813 DEFENDANT M279136-06 1 DATE: ~?~ /~, ~'?~/ '~e~l-0f the Court BY THE COURT: prothonotary/dl~k, civil Divisio~ ~ ~' ~'~ ~ty (Eff. 7/97) ADDENDUM TO SUBPOENA GREENSMITH VS. GIANT FOODSTORES/QUALEX NO. 013834 CUSTODIAN OF RECORDS FOR: HERSHEY~IED CTR Any and all hospital records, including microfilm, microfiche · oom reports, x-ray reports, out-patient records physical emergency r =_ ~a =n~r other information pertaining to: therapy recoru~, ~ ~ ~ NAME: PHYLLIS GREENSMITH ADDRESS: 127 LAUREL DR DATE OF BIRTH: 03/07/28 SSAN: 035383219 ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED. RECORD CUSTODIAN COMPLETE AND RETURN [ ] ] RECORDS AREA~TACHEDHERETO:I hereby certify as custodian of records that, to the best of my knowledge, information and belief all documents or things above mentioned have been produced· NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search has been made and that no record of the following documents have been located (CHECK THE APPROPRIATE BOX): ( ) RECORDS ( ) PATIENT BILLING ( ) X-RAYS ( ) RECORDS / XRAYS have been destroyed Date Authorized signature for HERSHEY MED CTR M279136-06 * * * SIGN AND RETURN THIS PAGE * * * PHYLLIS GREENSMITH, Plaintiff GIANT FOOD STORES, INC. and QUALEX INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0'1-3834 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER PROPOUNDED BY DEFENDANTS, QUALEXlNC. AND NOW, comes Plaintiff, Phyllis Greensmith by and through her attorneys, HANDLER, HENNING & ROSENBERG, by W. Scott Henning, who answers Defendants' New Matter as follows: 35. DENIED. The allegation set forth in Paragraph 35 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff has failed to state a cause of action upon which relief can be granted against Defendant, Qualex Inc., and proof to the contrary is demanded at the trial in this matter. 36. DENIED. The allegation set forth in Paragraph 36 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that the Plaintiff's injuries were caused solely by the acts of omissions of the Plaintiff, and proof to the contrary is demanded at the trial in this matter. By way of further answer, to the extent that Defendant, Qualex Inc. is asserting that the Plaintiff was in any contributorily or comparatively negligent, that allegation is denied and proof of the Plaintiff's negligence is demanded. 37. DENIED. The allegation set forth in Paragraph 37 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, it is denied that Plaintiff's injuries were caused solely by the acts or omissions of others over whom Defendant Qualex Inc. did not have any authority or control, and proof to the contrary is demanded at the trial in this matter. 38. DENIED. The allegation set forth in Paragraph 38 addresses a statement of fact upon which the Plaintiff, after reasonable investigation, does not have any specific knowledge or information. Proof of the existence and execution of a "Master Lease Agreement" and its applicability to the subject cause of action is demanded at the trial in this matter. 39. DENIED. The allegation set forth in Paragraph 39 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that any agreement between Defendant Giant Food Stores Inc. and Qualex Inc., being a writing, speaks for itself and its applicability to the subject cause of action must be determined by the Honorable Court. 40. DENIED. The allegation set forth in Paragraph 40 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that any agreement between Defendant Giant Food Stores Inc. and Qualex Inc., being a writing, speaks for itself and its applicability to the subject cause of action must be determined by the Honorable Court. 41. DENIED. The allegation set forth in Paragraph 41 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that any agreement between Defendant Giant Food Stores Inc. and Qualex inc., being a writing, speaks for itself and its applicability to the subject cause of action must be determined by the Honorable Court. 42. DENIED. The allegation set forth in Paragraph 42 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable Court deems a response necessary, the Plaintiff asserts that any agreement between Defendant Giant Food Stores Inc. and Qualex Inc., being a writing, speaks for itself and its applicability to the subject cause of action must be determined by the Honorable Court. 43-44. DENIED. The allegations set forth in Paragraphs 43 and 44 are directed by Defendant Qualex Inc. to Giant Food Stores, LLC, in the form of a crossclaim, hence, no responsive pleading is required by the Plaintiff. WHEREFORE, Plaintiff demand judgment against Defendant Qualex Inc. for the relief set forth in its Complaint. HANDLER, HENNING & ROSENBERG W. Scott He~¢i Supreme C?fu~ P.O. Box 1 Harrisburg, PA/ 7108 (717) 238-20010 Attorneys for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. Scoff Henning, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. / PHYLLIS GREENSMITH, Plaintiff V= GIANT FOOD STORES, INC. and QUALEX iNC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3834 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Onthe ///?Z~;~ dayof ~/'~~;20Ol, l hereby certify that a true and correct copy of Plaintiff's Reply to Defendants' New Matter was served upon the following persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid as follows: Date: George B. Failer, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Stephen Moniak, Esquire BUCHANAN INGERSOLL One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 ~. Scott ~(nnin§,~quire S'trl~-m'~e~Court ~ 32298 P.O. Box 1177~ Harrisburg, P~ 17108 (717) 238-~00 _ Attorneys for Plaintiff PHYLLIS M. GREENSMITH, Plaintiff GIANT FOOD STORES, INC., and QUALEX, INC., Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 0t-3834 : CI¥1L ACTION - LAW RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: W. Scott Henning, Esquire, of Handler, Henning & Rosenberg, LLP, counsel for the Plaintiff in the above action, respectfully represents that: The above-captioned action is at issue. The claim of the Plaintiff in the action is $ 25,000.00. The counterclaim of the defendant in the action is N/A. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: W. Scoff Henning, Esq., Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road, Harrisburg, PA 17110, George B. Failer, Jr., Esq., Martson, Deardorff, Williams & Otto, Ten East High Street, Carlisle, PA 17013 and Stephen Moniak, Esq., Buchanan Ingersoll, P.O. Box 12023, Harrisburg, PA 17108-2023 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, HANDLER, HEI~t ~. ROSENBERG, LLP W. ¢~tt H~i ~g¢ I.D. ~3229~' / 1300 Lingl sre..~te'wn oad Harrisburg, PA 1) 110 (717) 238-2000/ Attorney for PTntiff ORDER OF COURT ( ANDNOW, ~.~(-~ ,//7 ,2003, incon.s, ideration of the foregoing petition, ~ Esq., and /'~'J'(-/--~ j~-¢¢.,cc(_~, Esq., are appointed arbitrators in the above-captioned action as prayed for. In The Court of Co~on Pleas of C,-.barland County, .°e~-.vlvania :~e do solemnly s~ear (or affirm) :ha: we will sup.Der:, obey and defend :he Cons:i:u:fon of :he Uni:ed $:a:es and :he Cons:l~u:~on of :his Co.on- du.:es of our off~e wi:~fideli:y. weai~h and ~ha~ we w~!! discharge ~he (or ~fi~.a), ~ka ~he fo~ ~ar~: (No~m: If 4~ for ~mla~ ar~ a~a~4ed, ~hey shall 5e separa~al~ s~a~m4.) , NOTI~ OF ~Y a~rd was en=are~ upon =he doc~ and no=ica ~he=eof giv~ b7 ~il =o ~he ~ar:les or =he~ Ar~t=ra:ors' co~e~a:ion =o be /~/ ~' ~ ~ ~al~ u~on appeal: o=hono=a~