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HomeMy WebLinkAbout99-04682lv? 4 0 H r I(elli and Bruce Mull, Plaintiffs v. ' Crabtree, Rohrbaugh & Associates, Defendant V. Pennsylvania State Education Assn, Ahold U.S.A., Inc., Giant Food Store, Inc. Crossgates, Inc. and Ames Construction, Inc., Additional Defendants V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.99-4682 CIVIL 1999 Gary Wolfe, Wolfe Roofing,et al. 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: David L. Lutz , counsel for the plaintiff AQUORRaW in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ IA1jII19AAC4ecA The counterclaim of the defendant in the action- is ) p The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Thomas Weber, George Faller, Donald Desseyn, John Flounlacker, Raymond Swan WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, 2?idL. Lutz " "? CCORDER OF COURT AND NOW 4 ( ?- -19,,44", in consideration of thee foregoing petition, s??=L? 1/rlc Esq., Esq., and i11A41 1'1_4tiZ?W_d4t?' ,Esq., are appointed arbi.trators in the above-captioned action (or actions) as prayed for. By the Cour , V W1 P. J. 15 '!f,1 c_ ? u ( Q ? 0 ?? V. CIVIL ACTION -LAW CRABTREE, ROHRBAUGH & NO. ASSOCIATES, Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND 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 judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 (717) 249-3166 ORIGINAL KELLI and BRUCE. MULL, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo a]. partir de la fecha de la demanda y 1a notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos i.mportantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KELLI and BRUCE MULL, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 9 9- /G F-2 l 7Z,,,,, CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Kelli and Bruce Mull are adult individuals residing in Carlisle, Cumberland County, Pennsylvania. 2. Defendant Crabtree, Rohrbaugh & Associates is a corporation that has a principle place of business at 20 North Market Square, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant Crabtree, Rohrbaugh & Associates designed and installed the drainage system and roof of the area located directly above the entrance to the Giant Food Store (hereinafter "Giant") located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 4. The facts and occurrences hereinafter related took place on or about January 21, 1999, at approximately 8:00 p.m. in front of the Giant located at 6520 Carlisle Pike Mechanicsburg, Cumberland County, Pennsylvania. 5. At that time, Mrs. Mull was about to enter the Giant. 6. As Mrs. Mull was walking in the area directly below the edge of the roof of the Giant entrance, a large piece of ice fell from the roof. 151350/LC1 1 7. Mrs. Mull was struck in the forehead by the block of ice and the force of the impact knocked her to the ground. 8. Mrs. Mull also sustained a contusion on her right elbow and forearm. 9. The foregoing incident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Kelli and Bruce Mull are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Crabtree, Rohrbaugh & Associates designed and installed the aforesaid drainage system and roof as follows: a. failure to design a proper drainage system whereby a large piece of ice would not fall from a roof onto a business invitee; b. failure to install a proper drainage system whereby a large piece of ice would not fall from a roof onto a business invitee; C. designing and installing a drainage system and roof above a supermarket in such a way that a large block of ice would form and eventually fall from the roof in an area where business invitees enter a supermarket. CLAIM I Kelli Mull vs. Crabtree. Rohrbaugh & Associates 10. Paragraphs 1 through 9 of the Complaint are incorporated herein by reference. 2 11. Plaintiff Kelli Mull sustained painful and severe injuries which include but are not limited to head trauma, a concussion with a left forehead contusion, periodic loss of consciousness, dizziness, headaches, nausea, and a right elbow and forearm contusion. 12. By reason of the aforesaid injuries sustained by Mrs. Mull, she was forced to incur liability for medical treatment, medication, hospital treatment and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 13. Because of the nature of her injuries, Mrs. Mull has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 14. As a result of the aforementioned injuries, Mrs. Mull has undergone and in the future may undergo physical and mental suffering, inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. As a result of the aforesaid injuries, Mrs. Mull has been and in the future may be subject to humiliation and embarrassment, and claim is made therefor. 16. Mrs. Mull continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 3 CLAIM II Bruce Mull vs. Crabtree Rohrbaugh & Associates 17. Paragraphs 1 through 16 of the Complaint are incorporated herein by reference. 18. As a result of the aforementioned injuries sustained by his wife, Kelli Mull, Plaintiff Bruce Mull has been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. WHEREFORE, Plaintiffs Kelli and Bruce Mull demand judgement against Defendant Crabtree, Rohrbaugh & Associate is in an amount in excess of Twenty-five Thousand ($25,000) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. & ROVNER, P.C. La I¢dL LllLZ I #3 956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Date: Counsel for Plaintiffs 4 VERIFICATION I, Kelli Mull, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: Dated: , /2 A79 -I , "d VERIFICATION I, Bruce Mull, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa,C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: / "C-f w) Dated: 7-J-)-9/77 (' LL. I - h 1V? w vl I V MW `1 ^J VV GOLDBERG, KAT6MAN & SHIPMAN, P.C. 7lwmus l Weber, rsqulre - I.D. #58853 Atlameys fur Defendant 320 Markat street 11. 0. Buz 1268 I larrisburg, PA 17108.1268 (717) 2:144161 KELLI AND BRUCE MULL IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant TO: KELLI AND BRUCE MULL c/o David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 NO. 99-4682 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. G B RG, KATZ?M/A?N? ?& S?HIPMAN, P.C. By: THO AS J. WE R, ESQUIRE 320 arket Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Date: October I3 , 1999 GOLDBERG, RA72MAN A StnPMAN, P.C. Thomas J. Weber, Esquire - I.D. #58853 Attorneys for Defendant 320 Markel Street V. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234.4161 IELLI AND BRUCE MULL, Plaintiffs V. CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4682 Civil JURY TRIAL DEMANDED ANSWER AND NEW MATTER 1. Admitted, based upon information and belief. 2. Admitted. 3. Denied as stated. It is admitted that Defendant Crabtree Rohrbaugh & Associates is a professional architectural firm which performed limited architectural work related to the design of the Giant Food Store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. It is specifically denied that Defendant had a responsibility or obligation as to the installation of the drainage system in the roof at the Giant. 4. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 4 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. S. After reasonable investigation, answering Defendant is without sufficient knowledge or Information to form a belief as to the truth of the averments contained in paragraph 5 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 6. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 6 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 7. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 7 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 8. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 8 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 9. The averments contained in paragraph 9 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. By way of further answer, it is specifically denied that any actions of the Defendant were the direct and proximate result of any injuries suffered by the Plaintiff, the existence of which are specifically denied. It is further denied that Crabtree Rohrbaugh was ;S 2 negligent, careless, wanton, and reckless in the design of the drainage system and roof in the following manners: a. failure to design a proper drainage system whereby a large piece of ice would not fall from a roof unto a business invitee; b. Failure to install a proper drainage system whereas a large piece of ice would not fall from a roof onto a business invitee; and c. Designing and installing a drainage system and roof above a supermarket in such a way that a large block of ice would form and eventually fall from a roof in an area where business invitees enter a supermarket. By way of further answer, it is specifically denied that answering defendant played any role in the installation of the drainage system. CLAIM I 10. The answers in paragraphs 1 through 9 are incorporated herein as though set forth in their entirety. 11. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 11 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 3 12. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 12 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 13. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 13 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 14. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 14 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 15. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same 4 is required at trial. By way of further answer, to the extent the averments contained in paragraph 15 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 16. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 16 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. CLAIM II 17. The answers contained in paragraphs 1 through 16 are incorporated herein as though set forth in their entirety. 18. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the avennents contained in paragraph 18 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 18 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the j; existence of which are specifically denied, were caused by Defendant, such inference is denied. WHEREFORE, Defendant respectfully requests that judgment be entered in its favorand against the Plaintiffs, along with costs, attorneys' fees and all other relief that the Court deems just. 5 NEW MATTER 19. The answers contained in paragraphs 1 through 18 are incorporated herein as though set forth in their entirety. 20. Plaintiffs have failed to set forth a cause of action upon which relief can be granted. 21. Defendant did not owe any duty to the Plaintiffs. 22. To the extent Plaintiffs have suffered any injuries, the existence of which are specifically denied, they were caused either by the actions of the Plaintiffs themselves, or individuals other than answering Defendant over whom answering Defendant did not have any control. 23. All work completed by Defendant was done in a professional and non-negligent manner. 24. Defendant's design work meets or exceeds all applicable code requirements. 25. It is believed and therefore averred that the meteorological conditions at the time of the alleged incident were of such a nature so as to prevent a natural accumulation of ice as alleged in Plaintiffs Complaint. 26. The drainage system in place at the site of the alleged incident exceeded capacity for all anticipated natural occurring conditions in the geographical location of the store. 6 WHEREFORE, Defendant respectfully requests that judgment be entered in its favorand against the Plaintiffs along with costs, attorneys' fees and all other relief the Court deemsjust. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Tho as J. Weber squire Supr. I.D. #58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Date: October V , 1999 29862.1 VERIFICATION I hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: /D S '?'K, 13857.1 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Th trs J. Web r, Esquire Attorney I.D. #58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Dated: October IJ , 1999 C. _: ' J .. ? . is _. ?_. ., c c i ?; :i V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant CIVIL ACTION -LAW NO. 99-4682 Civil JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANT 19.-26. Denied in that all of the allegations contained in the Defendant's New Matter fail to set forth factual allegations that the Plaintiffs can neither admit or deny. The factual allegations contained in the Plaintiffs' Complaint are incorporated with herein by reference. The Plaintiffs' are without sufficient information and/or knowledge to form a belief as to the truth of most of the averments contained in the Defendant's New Matter. WHEREFORE, the Plaintiffs respectfully request that the Defendant' New Matter be dismissed. Date: 1('? o C1CJ ANGINO & ROVNER, P.C. David L. L tz I.D. #35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 201229.1\OLL\MAR CERTIFICATE OF SERVICE 1, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANT upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas Weber, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant Dated: lU?alI q 201224.1\DLL\MAR IJJ ?.y !7 - 1 it ?:' C1 ?r 17 . 3. N Q F-- aj i ? T Y O ?i1 O? U KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4682 Civil JURY TRIAL DEMANDED ORDER AND NOW, this q4,\day of November, 1999, based upon the motion of defendant Crabtree, Rohrbaugh & Associates and the stipulation of the parties in this matter, IT IS HEREBY ORDERED that defendant Crabtree, Rohrbaugh & Associates is granted leave of an additional thirty (30) days from the date of this Order within which to file a complaint against additional defendants. 7H J. V GOLDBERG, RAIZMAN & SHIPMAN, P.C. Thomas J. Weber, Esquire - I.U. #58853 Attorneys for Defendant 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 KELLI AND BRUCE MULL, . IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant : CIVIL ACTION - LAW : NO. 99-4682 Civil JURY TRIAL DEMANDED DEFENDANT CRABTREE ROHRBAUGH & ASSOCIATES MOTION FOR LEAVE TO JOIN ADDITIONAL DEFENDANTS AND NOW, comes the Defendant Crabtree, Rohrbaugh & Associates, by and through its attorneys, Goldberg, Katzman & Shipman, P.C., and pursuant to Pa. R.C.P. No. 2253 requests leave of court to join additional defendants and in support thereof asserts the following: 1. Plaintiff initiated this suit by filing a complaint in the Cumberland County Court of Common Pleas on August 4, 1999. 2. Defendants were served with the complaint on August 9, 1999. 3. The lawsuit arises out of events alleged to have occurred on January 21, 1999. 4. The statute of limitations on plaintiffs' cause of action will not run until January 21, 2001. 5. Plaintiffs' cause of action involves allegations of the negligent design and installation of a drainage system at the Giant Food Store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 6. Plaintiff has sued Crabtree, Rohrbaugh & Associates alone as the architect purportedly involved in the design of the Giant Food Store. 7. Upon filing the compliant, plaintiffs' counsel was quoted in the Harrisburg Patriot as indicated he conducted an investigation of other potential defendants and determined to exclusively sue Crabtree. 8. Upon receipt of the complaint, defendant Crabtree started immediate actions to investigate the allegations contained therein. 9. Due to the somewhat unusual procedure of a third party suing an architect with which they had no contract or privity directly Crabtree initially focused its investigation on determining whether preliminary objections were warranted to address the propriety of plaintiffs' complaint. 10. Upon determining to file an answer rather than preliminary objections, reserving the issue as to the propriety of the cause of action, defendant began investigating the existence of other entities which may be responsible for plaintiffs' alleged injuries. 11. Defendant has now identified what it believes to be the existence of appropriate additional defendants to be joined in this action. The additional defendants intended to be joined include the owners of the building, the property manager, the general contractor responsible for the installation, and the tenant of the building. 12. Leave is sought at this time only 81 days after service of the complaint. 13. The cause for the aforementioned 21 day delay in joining additional defendants was as a result of defendant's need to conduct a diligent investigation to properly identify the additional defendants. 2 14. Joinder at the inception of the case and well within the statute of limitations will not delay trial nor in any way prejudice the plaintiffs or the additional defendants. 15. As evidenced by the attached stipulation of counsel, plaintiffs do not object to the joinder of the additional defendants. See Exhibit A. 16. Joinder of the additional defendants at this time will avoid the potential multiplicity of suits involving this one occurrence. 17. Immediately upon issuance of an order from the Court granting joinder of the additional defendants, defendant is prepared to file its complaint and effectuate service so as not to cause any undue delay in the prosecution of this matter. WHEREFORE, defendant Crabtree, Rohrbaugh & Associates respectfully request that the Court enter an order granting it leave of court to join the additional defendants. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: r i Wkl Th as J. Web , Esquire Supr. I.D. #58853 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 1 Attorneys for Defendant Crabtree Rohrbaugh & Associates Date: October 29, 1999 91750.1 3 nc.cuo Exhibit A KELLI AND BRUCE MULL, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-4682 Civil CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant . JURY TRIAL DEMANDED STIPULATION OF COUNSEL The undersigned represent the plaintiffs and defendant in this litigation. 2. The parties stipulate to the extension of time to join additional defendants pursuant to Pa. R.C.P. No. 2253 so that the defendant can file a joinder complaint against the owner of the building in question, the property manager, the tenant, and the general contractor responsible for construction of the building. 3. The parties request that this stipulation receive judicial approval so as to allow the joinder. [\?h David L. Lutz Es re Counsel for Plaintiffs Angina & Rovner 4503 North Front Street Harrisburg, PA 17110 (717)238-6791 Date: 'o Z`3 31756.1 Tho as J. W er, Esquire Counsel for Defendant Goldberg, Katzman & Shipman, P.C. 320 Market Street, P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: IC l9 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: a- Tho s J. Web W Esquire Atto ey I.D. #58853 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Dated: October 29,1999 C C) ?"~ ? - i -? ?- r C.. u. C„ ' (_ ? I.., _ ? U .. ? ? _ _ ? .. 1?. ?? .. .? RTSON DEARWWRFF WILLIAMS & OTTO ?.Alm+'.,?y O Iwr A TEN EAST HIGH STREET CARLISLE. PENNSYLVANIA 17013 KELLI AND BRUCE MULL, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE, ROHRBAUGH & ASSOC., Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC. and AMES CONSTRUCTION, INC., Additional Defendants CIVIL ACTION - LAW NO. 99-4682 CIVIL JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Additional Defendants Ahold U.S.A., Inc. and Giant Food Store, Inc. in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTSON DEARDORFF WILLIAMS & OTTO By George'B. Fallet; Jr I.D. No. 49813 Ten East High Stree Carlisle, PA 17013 (717) 243-3341 Attorneys for Additional Defendants Ahold U.S.A., Inc. and Giant Food Store, Inc. Dated: December 21, 1999 CERTIFICATE OF SERVICE I, Lori A. Sullivan, an authorized agent for 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: David L. Lutz, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 171 10 Thomas Weber, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Ames Construction, Inc. 826 East Main Street Ephrata, PA 17522 Crossgates, Inc. 3555 Washington Road McMurray, PA 15137 Pennsylvania State Education Association 400 North Third Street, P.O. Box 1724 Harrisburg, PA 17105 MARTSON DEARDORFF WILLIAMS & OTTO /it By U Mirp?,r l?? Lori A. Sullivan Ten East High Street Carlisle, PA 17013 (717)243-3341 Dated: December 21, 1999 C`1 tt; j.f.: P. - C? `._ 1::: '1111 KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC. GIANT FOOD STORE, INC. CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4682 Civil . JURY TRIAL DEMANDED N O T I C E To: Pennsylvania State Education Association 400 North Third Street, P. O. Box 1724 Harrisburg, PA 17105 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 Joinder Complaint are served, by entering a written appearance personally or by an attorney and file 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 Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR 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 717-249-3166 N O T I C A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notifrcacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SURCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A IA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC. GIANT FOOD STORE, INC. CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants To: Giant Food Store, Inc. 1149 Harrisburg Pike Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4682 Civil JURY TRIAL DEMANDED N O T I C E 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 Joinder Complaint are served, by entering a written appearance personally or by an attorney and file 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 Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR 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 717-249-3166 N O T I C A Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en Las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC. GIANT FOOD STORE, INC. CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants To: Crossgates,Inc. 3555 Washington Road McMurray, PA 15137 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW . NO. 99-4682 Civil JURY TRIAL DEMANDED N O T I C E 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 Joinder Complaint are served, by entering a written appearance personally or by an attorney and file in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fall 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 Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR 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 717-249-3166 N O T I C A Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 liberty Avenue Carlisle, PA 17013 717-249-3166 I, KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC. GIANT FOOD STORE, INC. CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants To: Ahold U.S.A., Inc. 1 Atlanta Plaza, 950 E. Paces Atlanta, GA 30315 . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4682 Civil . JURY TRIAL DEMANDED N O T I C E 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 Joinder Complaint are served, by entering a written appearance personally or by an attorney and file 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 Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR 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 717-249-3166 D L-0 T I C A Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA10 PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 r KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC. GIANT FOOD STORE, INC. CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants To: Ames Construction, Inc. 826 East Main Street Ephrata, PA 17522 . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4682 Civil : JURY TRIAL DEMANDED N O T I C E 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 Joinder Complaint are served, by entering a written appearance personally or by an attorney and file 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 Petition or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR 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 717-249-3166 I N O T I C A Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la Corte en forma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notification y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUMCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 GOLDBERG, BAWMAN & SHIPMAN, P.C. Thomas J. Weber, Esquire - I.D. #58853 Attorneys for Defendant 370 Market Street P. O. Box 1268 Harrisburg, PA 17108.1768 (717) 234-4161 KEL .J AND BRUCE MULL, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-4682 Civil CRABTREE, ROHRBAUGH & JURY TRIAL DEMANDED ASSOCIATES, Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC. GIANT FOOD STORE, INC. CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants JOINDER COMPLAINT AND NOW, comes the Defendant Crabtree Rohrbaugh & Associates, by and through its attorneys, Goldberg, Katzman & Shipman, P.C., and files this complaint against Pennsylvania State Education Association, Giant Food Store, Inc., Crossgates, Inc., and Ames Construction, Inc., joining them as additional defendants based on the following: 1. Third party plaintiff, Crabtree, Rohrbaugh & Associates is a Pennsylvania corporation with a principal place of business at 20 North Market Square, Harrisburg, Dauphin County, Pennsylvania. 2. Additional defendant, Pennsylvania State Education Association C PSEA'), is a non. profit corporation, with a principal address at 400 North Third Street, P. O. Box 1724, Harrisburg, Dauphin County, Pennsylvania 17105. 3. Additional defendant, Giant Food Store, Inc., is a Delaware corporation, with a principal address of 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 4. Additional defendant, Crossgates, Inc., is a Pennsylvania corporation, with a principal address of 3555 Washington Road, McMurray, Washington County, Pennsylvania 15137. 5. Additional defendant Ahold U.S.A, Inc. is a Delaware corporation, with a principal address of 1 Atlanta Plaza, 950 E. Paces, Atlanta, Georgia 30315. 6. Additional defendant, Ames Construction, Inc., is a Pennsylvania corporation, with a principal address at 826 East Main Street, Ephrata, Lancaster, Pennsylvania 17522. On or about August 4, 1999, Plaintiff Kelli and Bruce Mull filed a complaint against Defendant Crabtree Rohrbaugh & Associates, which alleges a cause of action arising out of the design and installation of a drainage system and roof on a Giant Food Store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. A true and correct copy of the complaint is incorporated herein by reference, without admitting the veracity of the allegations contained therein and attached hereto as Exhibit "A". 8. On or about October 13, 1999, Defendant Crabtree Rohrbaugh & Associates filed an answer and new matter denying any liability for the injuries and damages claimed byplaintiff. A true and correct copy of the answer and new matter are incorporated herein and attached hereto as Exhibit "B". 9. On or about October 21, 1999, Plaintiff filed a response to defendant's new matter. A true and correct copy is attached hereto as Exhibit "C". 10. On or about October 29, 1999, Defendant filed a motion for leave to join additional defendants, attached hereto as Exhibit `b". 11. On November 9, 1999, the Cumberland County Court of Common Pleas entered an order granting defendant's motion for additional time to Join additional defendants, attached hereto as Exhibit "E". 12. At the time of the incident alleged In plaintiffs' complaint, the building that housed the Giant Food Store in question was owned by PSEA. 13. As owner of the building involved in the Incident alleged in plaintiffs' complaint, PSEA owed a duty to all visitors of the building. 14. At the time of the incident alleged in plaintiffs' complaint, additional defendant Giant Food Store, Inc. was the tenant of the building. 15. It is believed and, therefore, averred additional defendant Giant Food Store, Inc., retained certain obligations regarding the maintenance and upkeep of the building in question. 16. As tenant of the building involved in the alleged incident, Giant Food Store, Inc. owed a duty to its business invitees. 17. At the time the drainage system in question was installed, it is believed, and therefore averred, that additional defendant Ahold U.S.A., Inc. was the owner of the building. 18. Additional defendants Giant Food Store, Inc. and Ahold U.S.A., Inc. had substantive input into the design and installation of the drainage system and roof at the building in question. 19. At the time of the incident alleged in plaintiffs' complaint, additional defendant Crossgates, inc. was the manager of the building involved. 20. As the property manager, additional defendant had certain duties and obligations to maintain the building in question including, but not limited to, insuring safe passage ways for any business invitees. 21. Additional Defendant Ames Construction was responsible for the construction of the site in question, including the drainage system. 22. Based on the foregoing, if the allegations in plaintiffs' complaint are proven true at trial, the additional defendants are solely liable for plaintiffs' causes of action. 23. In the alternative, based upon the foregoing, if the allegations in plaintiffs' complaint are proven true at trial, the additional defendants are liable over to the defendant on plaintiffs' causes of action. 24. In the alterative, based upon the foregoing, if the allegations in plaintiffs' complaint are proven true at trial, the additional defendants are jointly or severally liable with the third party plaintiff on the plaintiffs' causes of action. WHEREFORE, third party plaintiff respectfully requests that in the event judgment is entered in favor of plaintiff on their underlying claim, the propriety of which is specifically denied, that it be entered solely against the additional defendants. In the alternative, the third party plaintiff respectfully requests that in the event judgment is entered in favor of the plaintiffs on their underlying claim, the propriety of which is specifically denied, that the additional 4 defendants be found liable over to the third party plaintiff on plaintiffs' cause of action or be found jointly and severally liable with the third party plaintiff on plaintiffs' causes of action. Respectfully submitted, GOLDBERG, TZM 1A,N ?& SHIPMAN, P.C. By: Yf 10'? -S "- Thom s J. Weber, P-squire Supr. I.D. #58853 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Date: December 7, 1999 28824.3 VERIFICATION I, CARL DAVIS, hereby verify that I am an authorized representative of defendant Crabtree, Rohrbaugh &Associates in this action; that I have read the foregoing Joinder Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. CARL D VIS Date: /G/sJqf aCVG(D ?L Exhibit A . •. ? VA110 ?8?tV?VW{11?UVi RELLI and LRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH G, ASSOCIATES, Defendant aor IA' THE COURT or COMMON PLEAS C"ERLA"`tn COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. JURY TRIAL DEMANDED NOTICI TO DarsND you een sued the claims a setbforth in the f llowigf Ycu wish to defend againsz within twenty (20) days alter this Com pages, You must take action by entering a written appearance personiallynorN by attorney servedand filing in writing with the court your defenses or objections to the claims set forth againat you. You are warned that if you fail to do so the case may proceed without. you and judgment mey 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 TAXI. THIS PAPER TO YOUR :,AWYBR AT ONCE. IF YOU Do NOT HAve- LAWYER OR CANN,= AIPFORD ONy, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND CUT WHERE YOU CAN GET LEGAL IMLP. Cumberland County Bar Asseciatictt 2 Liberty Avenue Carlisle, 7A 17013 (717) 249-3166 AUG I1 199 :4:©6 301 724 :643 PPGc.20e ...? ... ? .. .....- _ ..... • ... v .. • ? ? i - ::. iii ?^m.8u?n?wyuy IV ",114 .. KELLI and SRCTC3 MULL, P;aintiffs IN TME COC'A^ OF COMMON PLEAS CUMBERLAND COUNTY, V. PENNSYLVANIA . CIVIL ACTION _LAW CR"TREE, RONRRAUGli & No, ASSOCIATsS, Defendant 4MY TRIAL n1toWDED NOS Le a uxted an defender aada demandado tae dsmandas axpuaacseaen lase a si usted quiere ueted time viente (20) dies de plaao a1 partir doslasfechasdo 1l nules demands y Is notification. Usted dabs presenter una apariencia escrita out defe:z escrita o en permoas o oua abo9ado y archivar er. 'a Corte or forms ou persons. -sea avisado gne7 siousted noese defiiande, la tCorte tomara modidas y puede entrar uaa Orden contra uated sin previo avixo o notification y pod cua en Is petition de demands iquier qu4Ja o alivio qua es pedido en . Usted puade perder dinero o sue propiedades o otroa derechca importantes Para usted, ABOCADOE0 9ISNO TIER ELADZZ?W AB UEJO S?IC NNTE DE PAGAA TALI9EAVICEOE BE ENCUENTRAOESCRIT AABAJO PAAA AvEA GUAR DONDEcs6 ptmI)s CONBEQUIR ASISTPXCZA LEGAL, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17018 (717) 249-3166 Wool VI Oe,) I RU; II Is$ 14:06 301 724 1643 PC3E.025 ](FELT and 9RGTCE MJLL, IN THE COURT OF COMMON PLEAS Plaintiffs C.nMERLAND COU%=, PnWSYLVAMIA i Y. CIVIL ACTION -LJ1w CRABTREE, ROHRBAUGH 6 ' N0. A99pCIATES, Defendant JURY TRIAL DrMANDEn 1. Plaintiffs Xelli and Bruce Mull are adult individuals residing in Carlisle, Cumberland County, Pennsylvania. 2. Defendant Crabtree, Roh?b¦ugh 4 Associates- is a corporation that has a principle p=ace of business at 20 :forth Marks: Square, Harrisburg, Dauphin County, Pennsylvania, 3. Defendant Crabtree, Rohrbaugh & Associates designed and installed the drainage system and roof of the area located d_rcet.y above the entrance to the Giant Food Store (hereinafter "Giant") located at 6820 Carlisle Pike, Mechanicsburg, cumbarland county, Pennsylvania. 4. The facts and occurrences hereinafter related took place or. or about January 21, 1999, at approximately 8.00 p.m. in front of the Giant located at 6520 Car:iale Pike Mechanicsburg, Cumberland County, Pennsylvania. 5. At that time, Mrs. Mull was about to enter the Gian". 6• As Mrs. Mu11 was walking in the area directly below the edge of the roof of the Giant entrance, • large piece of ice fell from the root. 1513 SO/LC1 1 AU3 :! '9S 114:27 301 724 ;643 PASE.206 ... ..? . ?,.ncaatGGJlUaaeAUGa • • 7. Mfrs. Mull was struck in the forehead by the block of ice and the force of the impact knocked her to the ground. B. Mrs. Mull also sustained a contusion on her right elbow and forearm. 9. The foregoing incident and all of the injuries and damages set forth hereinafter sustained by plaintiffs Ke::= and Bruce Mull are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Crabtree, Robrbaugh i Associates designed and installed the aforesaid drainage system and root as follows: a. failure to design a proper drainage system whereby a large piece of ice would not fall from a roof onto a business invitee; b. failure to itstall a proper drainage system whereby a large piece of ice would not fall from a roof onto a business invitee; C. designing and installing a drainage system and roof above a supermarket in such a way that a large block of ice would form and eventually fall from the roof in an area where business invitees enter a supermarket. CLAIM X Mlli-Mul' Va. Czabrrga. Rohr u h ociates 10. paragraphs 1 through 9 of the Comp.aint are incorporated herein by reference. 2 V1 Wuu? t?G 111 '39 ;4:07 7tl 724 :643 PAGE.007 VY 40 UUV I11. plaintiff Reili Mull sustained painful and severe injuries which include but are not limited to head trauma, a concussion with a left forehead contusion, periodic loss of consciousness, dizziness, headaches, nausea, and a right elbow and forearm contusion. 12, By reason of the aforesaid injuries sustained Ly Mrs, Mull, she was forced to incur liability for medical treatment, medication, hospital treatment and similar miscellaneous expanses in At. effort to restore herself to health,-and claim is made tharefor _ 11. 84causs of the nature of her injarles, Kra. 'Mull has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 14. As a result of the aforementioned injuries, Mrs. Mull has undergone a_id in the future may undergo physical and mental suffering, i inconvenianca n carrying out her daily activities, lose of life's pleasures and enjoyment, and claim is made therefor. 1B. AS a result of the aforesaid injuries, Mrs. Mull has beer. and in the future may be subject to humiliation and embarraeament, and claim is made therefor. 16. Mrs. Mull continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifer- me, and claim is made therefor. 3 t 1 c':o 1: '9S 14:e7 32: 7224 1643 ?FGE.ee6 --- ---- -__..__ -ego, ?aau?u I Bruc¦ Mu11 ere i .•a hr.n- v..4 ??__.._? 17. Paragrapha 1 through .6 of the Complaint are incorporated herein by reference. ?B. As a result of the aforemoationad injuries sustained by his wife, Kalli NU-11, Plainciff Bruce Mu--l has been and may in the future be deprived of the care, companionship, consortium, and aooiaty of hie wife, all of which will be to his great detriment, and claim is made therefor. I WHEREFORE. Plaintiffs Kell. and exuce mull demand judgement against Def=endant Crabtree. Rohrbaugh « Associate is in an amount in excess of Twenty-five Thousand (525,000) Dollars ; exc:usiva of interest and costs and in excess of any jurisdictional i amount requiring compulsory arbitration. f I GI:-NO Z ROVNBR, P.C. I D L Lida 2. 93 956 4508 N. Front Street Harrisburg, PA 17110 (717) 738-6791 Date: Counsel for Plaintiffs I TRUE COPY FROM RECORn n Testirtsry whereof, I here unto scr try band end the 3041 0 said Cour; at Cs:lisle, Pe, This i ................ day of... Drothona .....?. 1 4 AUL t! 'SS 14:27 001 724 1643 PAG_.ZZ9 .. "-. ?•.•. ••? ••••? •?•• CINY'l'Mat.n U1YWAUYa ••. ••• Y I, Xelli Mull, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth, in the foregoing are true and correct to the best of my knowledge, information and belief. r understand that this Verification is mAda subject to the penalties of la Pa.C.S.A. Section 4904, relating to unaworn faleification to authoritisa. NITXES6 : r,aLE L.E Dated: 7127 /9y Aura II 'Se 14:2e 321 724 164; PAGE.010 ' _ _. .? .._.. .. .. •,r .... ..... 1.71.V 111Da,?lVa/,a?uup. vERIUMIJOv I, Bruce Mcll, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the beet of my knowledge, information and belief. I understand that this verification -a made subject to the penalties of :8 Pa,C.S.A. Section 4904, relating to unsworn falsification to uutho:-i:iis, WITNESSi !) Dated: "?- Al,s 11 '99 :4:26 321 724 1643 POGE.011 Exhibit B GOLDBERG, X477MM & SHIPMAN, P.C. Tboman J. Weber, Fsqulm. I.D. ,#58853 Attorneys for Defendant 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 KELLI AND BRUCE MULL IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4682 CIVIL CRABTREE, ROHRBAUGH & CIVIL ACTION - LAW n « `-7) ASSOCIATES, Defendant JURY TRIAL DEMANDED r == --' NOTICE TO PLEAD TO: KELLI AND BRUCE MULL c/o David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 You are hereby notified to plead to the enclosed Answer and New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. ket Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 G B RG, KATZ(M?A?Nr I&,SSHIPMAN, P.C. By: THO AS J. WE R, ESQUIRE 320 ar Attorneys for Defendant Date: October 13 , 1999 GOLDBERG, KATZMAN & SHrPMAN, P.C. Thomas J. Weber, Esquire - I.D. #58853 Attomeys for Defendant 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234.4161 RELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4682 Civil : JURY TRIAL DEMANDED ANSWER AND NEW MATTER 1. Admitted, based upon information and belief. 2. Admitted. 3. Denied as stated. It is admitted that Defendant Crabtree Rohrbaugh & Associates is a professional architectural firm which performed limited architectural work related to the design of the Giant Food Store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. It is specifically denied that Defendant had a responsibility or obligation as to the installation of the drainage system in the roof at the Giant. 4. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 4 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 5. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 5 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 6. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 6 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 7. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 7 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 8. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 8 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 9. The averments contained in paragraph 9 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. By way of further answer, it is specifically denied that any actions of the Defendant were the direct and proximate result of any injuries suffered by the Plaintiff, the existence of which are specifically denied. It is further denied that Crabtree Rohrbaugh was 2 negligent, careless, wanton, and reckless in the design of the drainage system and roof in the following manners: a. failure to design a proper drainage system whereby a large piece of ice would not fall from a roof unto a business invitee; b. Failure to install a proper drainage system whereas a large piece of ice would not fall from a roof onto a business invitee; and c. Designing and installing a drainage system and roof above a supermarket in such a way that a large block of ice would form and eventually fall from a roof in an area where business invitees enter a supermarket. By way of further answer, it is specifically denied that answering defendant played any role in the installation of the drainage system. CLAIM I 10. The answers in paragraphs 1 through 9 are incorporated herein as though set forth in their entirety. 11. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 11 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 3 12. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 12 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 12 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 13. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 13 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 14. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 14 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 15. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same 4 is required at trial, By way of further answer, to the extent the averments contained in paragraph 15 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 16. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 16 of Plaintiffs Complaint are intended to infer, that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. CLAIM II 17. The answers contained in paragraphs 1 through 16 are incorporated herein as though set forth in their entirety. 18. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 18 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 18 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. WHEREFORE, Defendant respectfully requests that j udgment be entered in its favor and against the Plaintiffs, along with costs, attomeys' fees and all other relief that the Court deems just. 5 NEW MATTER 19. The answers contained in paragraphs 1 through 18 are incorporated herein as though set forth in their entirety. 20. Plaintiffs have failed to set forth a cause of action upon which relief can be granted. 21. Defendant did not owe any duty to the Plaintiffs. 22. To the extent Plaintiffs have suffered any injuries, the existence of which are specifically denied, they were caused either by the actions of the Plaintiffs themselves, or individuals other than answering Defendant over whom answering Defendant did not have any control. 23. All work completed by Defendant was done in a professional and non-negligent manner. 24. Defendant's design work meets or exceeds all applicable code requirements. 25. It is believed and therefore averred that the meteorological conditions at the time of the alleged incident were of such a nature so as to prevent a natural accumulation of ice as alleged in Plaintiffs Complaint. 26. The drainage system in place at the site of the alleged incident exceeded capacity for all anticipated natural occurring conditions in the geographical location of the store. 6 WHEREFORE, Defendant respectfully requests that judgment be entered in its favorand against the Plaintiffs along with costs, attorneys' fees and all other relief the Court deems just. Respectfully submitted, GOLDBERG, KATZM/AN & SHIPMAN, P.C. IA By: V \ Tho as J. Weber squire Supr. I.D. #58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Date: October 6 , 1999 29682.1 VERIFICATION I hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. lu Date: 23857.1 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: *Th Web r, Esqu .. #58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Dated: October 13 11999' Exhibit C KELLi and BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 99-4682 Civil JURY TRIAL DEMANDED PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANT 19.-26. Denied in that all of the allegations contained in the Defendant's New Matter fail to set forth factual allegations that the Plaintiffs can neither admit or deny. The factual allegations contained in the Plaintiffs' Complaint are incorporated with herein by reference. The Plaintiffs' are without sufficient information and/or knowledge to form a belief as to the truth of most of the averments contained in the Defendant's New Matter. WHEREFORE, the Plaintiffs respectfully request that the Defendant' New Matter be dismissed. ANGINO & ROVNER, P.C. David L. L tz I.D. #35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: 1CJ ?d I? C19 201224.1\DLL\MAR CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANT upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas Weber, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant Dated: 100-1 hol 201224.1\OLL\MAR Exhibit D KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-4682 Civil JURY TRIAL DEMANDED ORDER AND NOW, this _ day of November, 1999, based upon the motion of defendant Crabtree, Rohrbaugh & Associates and the stipulation of the parties in this matter, IT IS HEREBY ORDERED that defendant Crabtree, Rohrbaugh & Associates is granted leave of an additional thirty (30) days from the date of this Order within which to file a complaint against additional defendants. J. GOU)BERG, KAIZMAN & SHIPMAN, P.C. Thomas J. Weber, Esquire - I.D. 058853 Attorneys for Defendant 320 Market Street A 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 KELLI AND BRUCE MULL, : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant CIVIL ACTION - LAW NO. 99-4682 Civil JURY TRIAL DEMANDED DEFENDANT CRABTREE ROHRBAUGH & ASSOCIATES MOTION FOR LEAVE TO JOIN ADDITIONAL DEFENDANTS AND NOW, comes the Defendant Crabtree, Rohrbaugh & Associates, by and through its attorneys, Goldberg, Katzman & Shipman, P.C., and pursuant to Pa. R.C.P. No. 2253 requests leave of court to join additional defendants and in support thereof asserts the following: 1. Plaintiff initiated this suit by filing a complaint in the Cumberland County Court of Common Pleas on August 4, 1999. 2. Defendants were served with the complaint on August 9, 1999. 3. The lawsuit arises out of events alleged to have occurred on January 21, 1999. 4. The statute of limitations on plaintiffs' cause of action will not run until January 21, 2001. 5. Plaintiffs' cause of action involves allegations of the negligent design and installation of a drainage system at the Giant Food Store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 6. Plaintiff has sued Crabtree, Rohrbaugh & Associates alone as the architect purportedly involved in the design of the Giant Food Store. 7. Upon filing the compliant, plaintiffs' counsel was quoted in the Harrisburg Patriot as indicated he conducted an investigation of other potential defendants and determined to exclusively sue Crabtree. 8. Upon receipt of the complaint, defendant Crabtree started immediate actions to investigate the allegations contained therein. 9. Due to the somewhat unusual procedure of a third party suing an architect with which they had no contract or privity directly Crabtree initially focused its investigation on determining whether preliminary objections were warranted to address the propriety of plaintiffs' complaint. 10. Upon determining to file an answer rather than preliminary objections, reserving the issue as to the propriety of the cause of action, defendant began investigating the existence of other entities which may be responsible for plaintiffs' alleged injuries. 11. Defendant has now identified what it believes to be the existence of appropriate ° additional defendants to be joined in this action. The additional defendants intended to be joined include the owners of the building, the property manager, the general contractor responsible for the installation, and the tenant of the building. 12. Leave is sought at this time only Sl days after service of the complaint. 13. The cause for the aforementioned 21 day delay in joining additional defendants was as a result of defendant's need to conduct a diligent investigation to properly identify the additional defendants. 2 14. Joinder at the inception of the case and well within the statute of limitations will not delay trial nor in any way prejudice the plaintiffs or the additional defendants. 15. As evidenced by the attached stipulation of counsel, plaintiffs do not object to the joinder of the additional defendants. See Exhibit A. 16. Joinder of the additional defendants at this time will avoid the potential multiplicity of suits involving this one occurrence. 17. Immediately upon issuance of an order from the Court granting joinder of the additional defendants, defendant is prepared to file its complaint and effectuate service so as not to cause any undue delay in the prosecution of this matter. WHEREFORE, defendant Crabtree, Rohrbaugh & Associates respectfully request that the Court enter an order granting it leave of court to join the additional defendants. Respectfully submitted, GOLDBERf G, KATZMAN & SHIPMAJI, P.C. By: 1 V?dl? Th as J. Web , Esquire Supr. I.D. #58853 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree Rohrbaugh & Associates Date: October 29,1999 31750.1 Exhibit A KELLI AND BRUCE MULL, : IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-4682 Civil CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant : JURY TRIAL DEMANDED STIPULAITON OF COUNSEL 1. The undersigned represent the plaintiffs and defendant in this litigation. 2. The parties stipulate to the extension of time to join additional defendants pursuant to Pa. R.C.P. No. 2253 so that the defendant can file a joinder complaint against the owner of the building in question, the property manager, the tenant, and the general contractor responsible for construction of the building. 3. The parties request that this stipulation receive judicial approval so as to allowthe joinder. David L. Lutz Es re Counsel for Plaintiffs Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 (717)238-6791 Date: -p 31756.1 Tho as J. W er, Esquire Counsel for Defendant Goldberg, Katzman & Shipman, P.C. 320 Market Street, P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Date: 1 0 Zq Igg CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: David L. Lutz, Esquire 4503 North Front Street Harrisburg, PA 17110 GOLDBERG, KATZMAN & SHIPMAN, P.C. By: W '? VVX Mumps J. Web , Esquire Atto ey I.D. #58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Dated: October 29, 1999 Exhibit E NOV - 5 1v,J KELLI AND BRUCE MULL, . IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-4682 Civil CRABTREE, ROHRBAUGH & JURY TRIAL DEMANDED ASSOCIATES, Defendant ORDER AND NOW, this -day of November, 1999, based upon the motion of defendant Crabtree, Rohrbaugh & Associates and the stipulation of the parties in this matter, IT IS HEREBY ORDERED that defendant Crabtree, Rohrbaugh & Associates is granted leave of an additional thirty (30) days from the date of this Order within which to file a complaint against additional defendants. /z/ (.CLN.MAIA J. CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 Counsel for the Plaintiffs Ahold, U.S.A., Inc. 1 Atlanta Plaza 950 E. Paces Atlanta, GA 30315 GOLDBERG, KATZMAN & SHIPMAN, P.C. Vim/ By: 6dum Thomas J. Weber, Esquire Attorney I.D. #58853 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Dated: December, 1999 f', a? _ 1? F.. I!' ('i t ll. _ 1•. ?, ?!.. 1 r.: ! tt? u.. ? :. ...? ' ?' i. C. ; ? ,'_ Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants Please enter my appearance for Additional Defendant, Ames Construction, Inc. in ENTRY OF APPEARANCE TO THE PROTHONOTARY: the above-captioned case. Dated :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 99-4682 CIVIL JURY TRIAL DEMANDED THOMAS, THOMAS & HAFER, LLP 1 p[ , John Flounlacker, Esquire I.D. Number: 73112 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717)237-7134 Counsel for Additional Defendant, Ames Construction, Inc. CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing Entry of Appearance was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110-1708 Thomas J. Weber, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 THOMAS, THOMAS & HAFER, LLP ?elqlxt ?- yri?(Aabk Dated: / dP 0) `? annie L. Kawalec L' "' r' ?:'. ' ? t is `-, .. rt,? ?? 1<, i 1 ? ?? (",l .. ?? DONALD M. DESSEYN, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 KELLI AND BRUCE MULL Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES Defendant and ATTORNEY FOR DEFENDANT, Crossgates Management, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4682 CIVIL ACTION - LAW PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD, U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., in the above-captioned matter. Date: a? 9 _ By:i7GS?it?? DAMWIt esse , Esquire Attorney for Defendant, Crossgates Management, Inc. ;:: Jy`?o W N ? b ? W m ° F f ° N O p ¢ 6 v 2 < N Z n ? n KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 99-4682 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO ALL PARTIES: YOU ARE HEREBY REQUIRED to respond to the within New Matter within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Respectfully submitted, Date: 11,31 100 THOMAS, THOMAS & HAFER, LLP By: L ", Ir,r, /"(/1i'/,'r JoKn Flounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 KELLI AND BRUCE MULL, Plaintiffs IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant CIVIL ACTION - LAW NO.: 99-4682 CIVIL V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants JURY TRIAL DEMANDED ANSWER ON BEHALF OF ADDITIONAL DEFENDANT, AMES CONSTRUCTION, INC., TO JOINDER COMPLAINT AND NOW ONTO COURT, through undersigned counsel, comes the Additional Defendant, Ames Construction, Inc., who, in Answer to the Complaint of the Plaintiff, respectfully represents that: 1. Admitted based on information and belief. 2. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 3. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 4. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 5. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 6. Admitted. 7. Admitted based on information and belief that the Plaintiff filed her Complaint to initiate this action against the Defendant on August 4, 1999. By way of further explanation the Answering Additional Defendant avers that the Complaint and the allegations contained with the Plaintiffs' Complaint speak for themselves. 8. Admitted based on information and belief. 9. Admitted based on information and belief. 10. Admitted based on information and belief. 11. Admitted based on information and belief. 12. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 13. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 14. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 15. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 16. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 17. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 18. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 19. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 20. The averments in this paragraph are directed towards another party and therefore no answer is required of Answering Additional Defendant. 21. Denied as stated. By way of further explanation Answering Additional Defendant admits that it was involved in certain portions of the construction of certain buildings at the site averred to in the Plaintiffs Complaint. By way of further explanation the Answering Additional Defendant avers that any allegations contained within this paragraph alleging that the Answering Additional Defendant was responsible for the construction of the site in questions amounts to a legal conclusion which requires no answer. 22. Denied. By way of further answer the Answering Defendant specifically denies that it is solely liable to the Plaintiff for the Plaintiffs causes of action. By way of further explanation Answering Additional Defendant avers that any allegation contained within this paragraph alleging that the Answering Additional Defendant is sclely liable to the Plaintiff amounts to legal conclusions which require no answer. 23. Denied. It is specifically denied that the Answering Additional Defendant is liable over to the Defendant for the Plaintiffs causes of action. By way of further explanation the Answering Additional Defendant avers that any allegations contained within this paragraph alleging that the Answering Additional Defendant is liable over to the Defendant for the Plaintiffs causes of action amount to legal conclusions which require no answer. 24. Denied. By way of further explanation the Answering Additional Defendant specifically denies that the Answering Additional Defendant is jointly or severely liable with the third party Plaintiff for the Plaintiffs causes of action. By way of further explanation the Answering Additional Defendant avers that any allegations contained within this paragraph alleging that the Answering Additional Defendant is jointly or severally liable to the third party Plaintiff amount to legal conclusions which require no answer. NEW MATTER 25. The Third party Plaintiffs have failed to set forth a cause of action upon which relief can be granted. 26. The Answering Additional Defendant did not owe any duty to the third party Plaintiffs. 27. The Answering Additional Defendant did not owe any duty to the third party Plaintiffs. 28. All of the work that was completed by the Additional Defendant at any time relevant to this incident was preformed in a reasonable and workmanlike manner. 29. All of the work that was preformed by the Additional Defendant at any time relevant to the incident averred to in the Plaintiffs Complaint or the third parties Plaintiffs Complaint conformed with the plans and specifications concerning such work. 30. Some and/or all of the claims made by the Plaintiff in her original complaint may be limited or barred based on the Plaintiffs own comparative negligence. 31. The negligent acts or omissions of other individuals and/or entities may have constituted intervening, superseding causes of the damages and/or injuries alleged to have been sustained by the Plaintiff. 32. If Plaintiffs are able to prove the alleged allegations within their Complaint then the Additional Defendant, Ames Construction, Inc., in accordance with the Pennsylvania Rules of Civil Procedure of 2252(d) hereby join, as additional defendants, Crabtree, Rohrbaugh & Associates, Pennsylvania State Education Association, Ahold, U.S.A., Inc., Giant Food Store, Inc. and Crossgates, Inc., for the purpose of contribution and/or indemnification, hereby averments said additional defendants are alone liable to Plaintiffs, Kelli and Bruce Mull, are liable over to join Additional Defendant or is jointly or severally liable to/with the joined Defendant. WHEREFORE, Additional Defendant, Ames Construction, Inc., hereby prays that the Complaint be dismissed, at the costs of Plaintiffs, or in the alternative, for the relief alleged in Paragraph 32 above. Respectfully submitted, THOMAS, THOMAS $ HAFER, LLP B Y: John lounlacker, Esquire Attorney I. D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7125 r Date: j JAN-13 00 09:35 FROl1:THOr,1AS THOMAS 7172377105 TO:7177331434 PAGE:12,13 I, James Stauffer, President of Ames Construction, hereby state that the statements made in the foregoing Answer to Joinder Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. mes Stauffer, Presid h,l l ?a i,1;`T• CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Thomas J. Weber, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Crabtree, Rohrbaugh & Associates George Faller, Esquire Martson, Deardorff, Williams and Otto 10 E. High Street Carlisle, PA 17013 Attorney for AHold and Giant Food Stores Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louse Dr. Suite 103 Mechanicsburg, PA 17055 Attorney for Crossgates, Inc. THOMAS, THOMAS & HAFER, LLP ai7loa I'// Dated: l/31/GG eannie L. Kawalec ,:, ?- ?: ?? W W m C ¢ O Cy y, n b m C 0 i m i T ? o Q W 0 ? r C ymj ?. ) O O u a Z a n ? 0 KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 994682 CIVIL 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 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: Court Administrator Cumberland County Courthouse 4m Fl., Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 994682 CIVIL JURY TRIAL DEMANDED NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a [as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL: Court Administrator Cumberland County Courthouse 4t" Fl., Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 99-4682 CIVIL JURY TRIAL DEMANDED AND NOW, comes the Additional Defendant, Ames Construction, Inc., by and through its attorneys, Thomas, Thomas & Hafer, LLP, and files this Joinder Complaint against Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing, Inc, and Wiley Roofing, Inc., joining them as additional defendants based on the following: 1. Based on information and belief the Plaintiff in the underlying action filed a Complaint on October 13, 1999, against the Defendant Crabtree, Rohrbaugh & Associates (hereinafter referred to as Rohrbaugh). See Plaintiffs Complaint attached hereto as Exhibit "A 2. In their Complaint, the Plaintiffs alleged that on January 21, 1999, Plaintiff Kelly Mull, was struck in the head by a piece of ice that fell from the roof of a Giant Food Store in Mechanicsburg, Pennsylvania. (See Exhibit "A" 14). 3. The Plaintiffs have alleged that Rohrbaugh was an architect that designed and installed the drainage and roof system at the Giant Food Store where the Plaintiff was allegedly injured. 4. The Plaintiff has also alleged that Rohrbaugh was responsible for causing the Plaintiffs injuries because Rohrbaugh failed to design or install a proper drainage system for the roof at the Giant Food Store where the Plaintiff was injured. (See Exhibit "A", ¶ 9 (a) through (c)). 5. Based on information and belief it is averred that Defendant Rohrbaugh filed an Answer with New Matter to the Plaintiffs Complaint on October 13, 1999. (See Defendant Rohrbaugh's Answer attached hereto as Exhibit "B"). 6. In its Answer to the Plaintiffs Complaint, Defendant Rohrbaugh admitted that it is a professional architectural firm and that it performed limited architectural work related to the design of the Giant Food Store located at 6520 Carlisle Pike in Mechanicsburg, Pennsylvania. However, Defendant Rohrbaugh specifically denied that Rohrbaugh had any responsibility or obligation as it relates to the installation of the drainage system in the roof at that Giant food store. 2 7. Based on information and belief, it is averred that the Cumberland County Court of Common Pleas entered an Order on November 9, 1999, granting Defendant Rohrbaugh leave to join Additional Defendants to this litigation. 8. Based on information and belief it is averred that the Defendant filed a Joinder Complaint against the Additional Defendants on December 7, 1999. (See Defendant's Joinder Complaint attached hereto as Exhibit "C"). 9. In its Joinder Complaint the Defendant has named Pennsylvania State Education Association, Ahold U.S.A., Inc., Giant Food Store, Inc., Crossgates, Inc., and Ames Construction, Inc. as Additional Defendants to this litigation. (See Exhibit "C", ¶ 2 through 6). 10. In its Joinder Complaint, Defendant Rohrbaugh has alleged that the Additional Defendant, Ames Construction, was responsible for the construction of the site in question which included construction of the drainage system. (See Exhibit "C", 1121). 11. The Additional Defendants, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing, Inc, and Wiley Roofing, Inc., are believed to be Pennsylvania businesses with last known addresses of 3915 Pottsville Pike, Reading, Pennsylvania 19612-4834. Gary Wolfe, individually, is believed to be the owner/president of the aforementioned Pennsylvania companies and was either acting in an official capacity as it relates to the ownership, operation of the aforementioned Pennsylvania companies or was otherwise acting in a personal capacity as it relates to the ownership, operation, and/or control of the aforementioned companies. 12. At some point prior to the incident as described in the Plaintiffs' original Complaint, Additional Defendants, Gary Wolfe, individually, Wolfe Roofing and Sheet 3 Metal, Inc., Wolfe Roofing, Inc, and Wiley Roofing, Inc., entered into an oral agreement with Additional Defendant, Ames Construction, whereby Additional Defendants, Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing, Inc, and Wiley Roofing, Inc., agreed to install the roof and related roofing drainage system at the Giant Food Store located at 6520 Carlisle Pike in Mechanicsburg, Pennsylvania. 13. Additional Defendant, Ames Construction, avers that by operation of law, that Additional Defendants, Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing, Inc, and Wiley Roofing, Inc., were obligated to perform all of the work as described in paragraph 12 of Additional Defendant's Joinder Complaint in a reasonable, workmanlike and non-negligent fashion. 14. In light of the above, the Additional Defendant Ames Construction avers that if the allegations in the Plaintiffs' Complaint are proven at the time of trial, then Additional Defendants Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing, Inc, and Wiley Roofing, Inc., are solely liable for the Plaintiffs claims and causes of action. 15. Should it be determined that Additional Defendant Ames is in any way responsible for the Plaintiffs alleged damages then the Additional Defendants, Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing, Inc, and Wiley Roofing, Inc., are either solely liable to the Plaintiffs, jointly and severely liable to the Plaintiff or liable over to the Additional Defendant Ames Construction for indemnity and/or contribution. 4 Wherefore, Additional Defendant, Ames Construction, Inc., respectfully requests that the Plaintiffs' Complaint be dismissed, at the costs of the Plaintiffs, or in the alternative, judgment be entered it its favor and against all other parties. Respectfully submitted, Date: THOMAS, THOMAS & HAFER, LLP By: q?,?w ??tkt? Joh Flounlacker, Esquire Attorney I. D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7125 5 JAN-13 00 09:35 FPON:THONAS THONAS 7172377105 VERIFICATION TO: 7177331434 PAGE: 13/13 I, James Stauffer, President of Ames Construction, hereby state that the statements made in the foregoing Joinder Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 'm.At&:L es Stauffer, Preside 12/00/00 10:50 P.1S _7177908151I'MA CROW) KELL: and DRVCE MALL, Pia int if£c -, v. ' CRADTREE, RORRBAL'G11 6 ASSOCIATES, oefendact 9 019 IN THE -COURT OP COMLYON pLBA$ CJMBERLAND COtTN2Y, PENNSYLVANIA CIVIL ACTIOR _l„AW NO. JURY TRIAL DSMANDEn COME"M SL Plaintiffs Kell! and Bruce Mull are adult individuals resid_nc in Car--i$14, Cumberiaad Cc'xcty,.Pennsylvania. 2. Defendant Crabtree, Ro?tj-bsugh A9sociaCee-is a Corporation that has a principle place of buzinesr at ZO North Marker Square, Rarriaburg, Daupe,r, County, Pennsylvania, 0. Defe.-ldant Crabtree, Rohrbaugh A Asaociatee designad and installed the drainage 6ystem a.^,d roof of the area rotated directly above the entrance cc the giant Food Store (hescina!tar Giant) located at 6620 Carlisle pike, Mechanicsburg, Curwerland Cot:rlty, Fsnnaylvania. 4, The fat=s and occurrences hereinafter related took place or. or about January 21, 1953, at approximately a:00 p.m. in fror.t of the Olant iocated at 6520 Carlisle Pike Mechaaicaburgl Cumberland County, Penaayivanla, S. At shat ti na, Mrs. `!u11 was about to enter the Giant. 6. As DL-s. Mull was walking in the axea directly below the edce of the roof of the Giant entrance, a large piece of ice fell from the roof. :sasoicc3 1 ' DEC 15 1999 ,? ?L `?Jo I 1 _„9S J E ` DEC 1 51999 321 724 ;643 PgSE.i ?;i 12/20/00 18:50 PAS 7177308181 INA CROUP 11011 7, Mrs. Mull was mtrvck in tFft forehead try the block of ice and the fcrce of the impact knocked her to the ground. B. Mr.. ?cull also s•astainad a contusion on her right elbow and forearm. ' 9. The foregoing incident and all of the injuries and danages set forth hereinafter sustained by Plaintiffs Kel:_ gad R-uce Hull are t?e direct and proximate reatilt of the negligent, careless, wanton and reekleas manner in which Defendant Crabtree, RohrbaugF. i Associates designed and installed Cho aforesaid drainage system and root as tol'_ows: a. failura to desist a proper drainage system whereby a largo pieta of ice would not f all from a roof onto a business invitee; b. failure cc icstall a proper drainage system whereby a large piece of ice would not fall from a root onto a business invitee; C. designing and installing a drainage system and roof above a supermarket in such it way that a large block of ice would form and event%ial'_y fall from the roof in an area where business invitees enter a supermarket. CLAIM I Kell Mal' vs crpbcree 9^?-baueh 9! A. eociates 10. Paragraphs 1 [r-rough 9 of the Conp:a111t are incorporated herein by reference. z DEC 1 5 1999 i i i nLG :1 '99 ;4:27 321 724 :E43 PAG'c.027 12/20/00 14;00 F;1S 717708181 I WL1 GROUP ...? .. ?..?,... Wvnu YY Bolo ' • WYU) Wuw plainLiE_° Valli Null sustained painful and aevore injuriaa which include but are not lir.,iced tc head trauma, .a concussion with a left forehead contlsion, pariod:e loos of consciousness, d:.zziness, headaches, nausea, and a right elbow and forearm contusion. 12. By reason o; the aforesaid injuries Sustained by Mrs, Full, she was forced to ircur liability for medical treatment, medication, hompital treatment and similar miscellaneous axpemsea in at effort to reptore herself to health,-and claim is made therefor. 73, Pecause of the nature of her injuries, ttra,'Mull'hac been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 15, As a result of the afozemer,ticaed injurieS, Mrs. Mull has undergone and in 'she future may undergo physical and mental suffering, inconvenience ir, carrying out her daily activities, less of life's pleasures and enjoyment, and claim is made therefor. 15. AS a result of the arereaaid injuriee, Mrs. Mull has been and in the future may be subject to humiliation and orrbarrassment, and claim ie made cherator. 16. Mrs, Mull continues to b• plagued by persistent pain and limitation and, therefore, avers that htr injuries may be of a parmaaert nazare, causing residual problems fcr the remainder of her lifetime, and claim is made therefor. 3 P'b 1 : 'SS 14:e7 3C! 724 1643 FPGE.008 12/20/00 14:01 FAN 7177308181 INN GROUP 9016 C?.L;j4 ? I Lruce Mul' v ^rir•-sa R-F-b??ah 4 e is 17. ?aragraphe 1 through 16 of the Complaint ere incorporated hertin L•y reference. :6. is a resu:t of the afcremsst'_onod injuries sustained by h13 wile, Kalli Mall , Plaintiff Br6ca Mull has beer. and may in t7sa fltUr6 2:6 daprived of the care, gonparicrship, Consortium, and Society 3f his wife, all of w'nich will be: Co his great detriment, and claim is ma,da thercfcr.• WHLREaORE. Plai-ciffs refl. and B:cuce Mull demand judgement against Lefenda:.t Crabtree. Rorr1b-augh « Associate is i'r. An amount in excess of Twonty-five Thousand (923,000) Dollara exciueiva of interest and coats and in excess of any Jurisdictional amcu-n: requiring compulsory arbitration. s ROWER, P. C. uara'eI:'Lutz I.44 435956 4503 W. Front Screet Warricburg, PA 17110 17171 238-6791 Date: coansel for Plaintiffs TRUE copy FR0M RECORD w JJi In Testimsny wh:raof, I here unto su rry hand I ffie 3471 a said CCU?; if C1,-fielo, Pa. This .....?i........ day 01" ....., 1 v99_., Prothonc er 1r 1 . .? r 00 FA-t S:I s 1:: } 7 301 72d 1643 PAC=.P.2° 1^2/.0/00 14:01 FAX 7177908181 INA CROUP 9017 FMOIUL?.[upppAYUa •-••• ?•• ?.??.14 VERIBICATION I, Wit Hull, Lave read the foregoing COHPLA:NT and do hereby swear or affirm that the ta=ts not forth in the foregoing are true and correct to the best of my knowledge, infc:mation and belief. f understand that this verification is made aubject to the penalties of le ?a.C.S.A. Section 4904, relating to uneworn Ealaifieation to auhhoritiea. w1zz,;.ss; ?R+tE L•E ??l?l/ ' Dated: 7/27 /sy ?;':' ? C 115 14 26 i ?V LiLr 11/• 1 i ? 32: 7224 1643 PAGE.010 12/20/00 1+1:02 FAX 7177008181 U.M CAiIw I, nruaa Mul_, have read the foregoiog COMPLAINT and do hereby swear or affirm that =he facts set torch in the foreaoing are true and correct to toe beat of my knowledp, information and belie t. I understand than this verification is made ct5joct to the Pacalt:e4 Of _8 Pa,C.S.A. Section 4909, ralating to unaworn fall?_+_catior, to cuchoriciea, WITNESS _Jj6 ?a Dated: 7--0 1131A CROUP Q018 ••••• ewlmO,LUaPO. uay ••. •• ? Y.tiv• Ki Li I I DEC 1 5 1999 AUG II '9g :4:2a 361 724 ;643 PZGE,011 12/20/00 14:03 R1.1' 7177308181 PMA GI20CP GOLDBERG. BAUMAN & SB1P11WN, P.C. Thomas J. Weber, Esquire - I.D. #53853 Attorneys for Defendant 370 Market street P. O, Sox 1768 riarfsbufg, PA 17208-1268 (717) 234-4161 YELLi AND BRUCE MULL, Plaintiffs QJ 021 IN THE COURT OF COMMON PLEAS CUbIBERLAND COUNTY, PENNSYLVANIA V. CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant CIVIL ACTION - LAW NO. 99-4682 Civil JURY TRIAL DEMANDED ANSWER AND NEW MATTER 1. Admitted, based upon information and belief. 2. Admitted. 3. Denied as stated. It is admitted that Defendant Crabtree Rohrbaugh & Associates is a professional architectural firm which performed limited architectural work related to the design of the Giant Food Store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. It is specifically denied that Defendant had a responsibility or obligation as to the installation of the drainage system in the roof at the Giant. 4. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 4 ofPiainriffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. DEC 1 5 1999 12/20/01) 14:03 FAX 7177308181 t3u.+ ceoul> Qa2@ 5. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 5 ofPlaintlffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 6. After reasonable investigation., answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 6 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 7. After reasonable Investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 7 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 8. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 8 of plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. 9. The averments contained in paragraph 9 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. By way of further answer, it is specifically denied that any actions of the Defendant were the direct and proximate result of any injuries suffered by the Plaintiff, the existence of which are specifically denied. It is further denied tha p?rb was li 1V?Srr L:?' DEC 1 5 1999 li II li: lit 12/20/00 14:04 FAX 71773091hi P31A CROUP QJ 024 negligent, careless, wanton, and reckless in the design of the drainage system and roof in the following manner: a. failure to design a proper drainage system whereby a large piece of ice would not fall from a roof unto a business invitee; b. Failure to install a proper drainage system whereas a large piece of ice would not fall from a roof onto a business invitee; and c. Designing and installing a drainage system and roof above a supermarket in such a way that a large block of ice would form and eventually fall from a roof in an area where business invitees enter a supermarket. By way of further answer, it is specifically denied that answering defendant played any role in the kistallation of the drainage system. CLAIM I 10. The answers inparagraphs 1 through 9 are incorporated herein as though set forth in their entirety. 11. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 11 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 11 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 3 I DEC 1 5 1999 .il .I 12/20/00 14:04 ra.C 7177908181 PA.1 GROUP . 9024, 12. After reasonable investigation, answering Defendant is without sufficient knowledge or information to forni a belief as to the truth of the averments contained in paragraph 1.2 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 12 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 13. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 13 of P!aint,.ffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 14. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 14 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 14 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused byDefendant, such inference is denied. 15. After reasonable Investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 15 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same A t DEC 1 5 1999 ;I i? 1,1L 1 12/20/99 14:05 PAS 7177808161 PM CROUP 9025 is required at trial, By way of further answer, to the extent the averments contained in paragraph 15 of Plaintiffs Complaint are intended to Lifer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. 16. After reasonable invesdgation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 16 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 16 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference Is denied. CLAIM II 17. The answers contained in paragraphs 1 through 16 are incorporated herein as though set forth In their entirety. 18. After reasonable investigation, answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 18 of Plaintiffs Complaint and, therefore, they are denied. Strict proof of the same is required at trial. By way of further answer, to the extent the averments contained in paragraph 18 of Plaintiffs Complaint are intended to infer that any such alleged injuries, the existence of which are specifically denied, were caused by Defendant, such inference is denied. WHEREFORE, Defendant respectfully requests thatjudgment be entered in its favorand against the Plaintiffs, along with costs, attomeys' fees and all other relief chat the Court deems just. _..:. ,. li??Lr• . IIIII ,I ?_____ 1:. 5 l ,'., I DEC 1 5 isss ;? 12/20/00 19:00 FAX 7177008181 Pau CROUP R1oxe NEW NUTTER 19. The answers contained In paragraphs 1 through 18 are Incorporated herein as though set forth in their entirety, 20. Plaintiffs have failed to set forth a cause of action upon which relief can be granted. 21. Defendan[ did not owe any duty to the Plaintiffs. 22. To the extent Plaintiffs have suffered any injuries, the existence of which are specifically denied, they were caused either by the actions of the Plaintiffs themselves, or individuals other than answering Defendant overwhom answering Defendant did not have any control. 23. All work completed by Defendant was done L-1 a professional and non-negligent manner. 24. Defendant's design work meets or exceeds all applicable code requirements. 25. It is believed and therefore averred that the meteorological conditions at the time of the alleged incident were of such a nature so as to prevent a natural accumulation of ice as . alleged in Plaintiffs Complaint. 26. The drairage.system in place at the site of the alleged incident exceeded capacity for all anticipated natural occurring conditions in the geographical location of the store. 6 DEC 1 5 12/20/09 14':06 f•AS 7177308LSI PHA GROUP _ fQe27 WHEREFORE, Defendant respectfully requests thatj udgtnent be entered in its favor and against the Plaintiffs along with costs, attorneys' fees and all other relief the Court deems just. Respectfully submitted, GOLDBERG, I ATZMAN?& ?SHIPMAN, P.C. I A 19 /I By: V W/ T4asJ. r s quire Supr. LD. #58853 320 Market Street P. 0. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Date: October , 1999 29852-1 IF ff' 1 DEC 1 5 1999 12/20/00 14:06 rAS 7177309181 P71A CROUP VERIFICATION fao29 I hereby verify that the facts set forth in the foregoing document are true and correct to the best ofmyknowledge, information and belief. I understand that falsestatements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: `L `f !! 73857.1 fl l DEC 1 51999 11;1- ??? ? 0 L' 1 1l ' DEC 1 5 1999 ;) 12/20/00 14:07 FA 7177908181 PHA GROUP . @020. CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person (s) and in the manner Indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in G-ie United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: David L. Lutz, Esquire Angino 8r Rovner 4503 North Front Street Harrisburg, PA 17110 GOLDBFRG, KATZMAN Q&SHI/PMAN, P.C. Sy: x Th s J. Web r, Esquire Attomey I.D. 1"58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Dated: October 13 , 1999 DEC 1 51999 ?J 1z/20/90 13:54 1::\X 7177308181 hats GROUP • 0004 GOLDBERG, KAT1hLW A S1IIPMAN, P.C. Thomas J. Weber, &qulre. LD. 058853 ACarneyr for Defendant 320 hlarket Street P. O. Box a AS Harrlsburg, PA 17108.1268 (717) 2344161 KBLJ.i AND BRUCE MULL, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Y9-4682 Civil CRABTREE, ROHRBAUGH & JURY TRIAL DEMANDED ASSOCIATES, Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC. GIANT FOOD STORE, INC. CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants JOINDER COMPLAINT AND NOW, comes the Defendant Crabtree Rohrbaugh & Associates, by and through its attorneys, Goldberg, Katzman & Shipman, P.C., and files this complaint against Pennsylvania State Education Association, Giant Food Store, Inc., Crossgates, Inc., andAmes Construction, Inc., joining them as additional defendants based on the following: 1. Third parry plaintiff, Crabtree, Rohrbaugh & Associates is a Pennsylvania corporation with a principal place of business at 20 North Market Square, Harrisburg, Dauphin County, Pennsylvania. DEC 15 1996 18/80/00 li:su P:\X 7177308181 IN.% GROUP 0005, 2. Additional defendant, Pennsylvania State Education Association ("PSEND,is anon- profit corporation, with a principal address at 400 North'1'hird Street, P. O. Box 1724, Harrisburg, Dauphin County, Pennsylvania 17105. Additional defendant, Giant Food Store, Inc„ is a Delaware corporation, with a principal address of 1149 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 4. Additional defendant, Crossgates, Inc., is a Pennsylvania corporation, with a principal address of 3555 Washington Road, McMurray, Washington County, Pennsylvania 15137. 5. Additional defendant Ahold U.S.A, Inc. is a Delaware corporation, with a principal address of 1 Atlanta Plaza, 950 E. Paces, Atlanta, Georgia 30315. Additional defendant, Ames Construction, Inc., is a Pennsylvania corporation, with a principal address at 826 East Main Street, Ephrata, Lancaster, Pennsylvania 17522, on orabout August 4,1999, Plaintiff Kelli and Bruce Mull filed a complaint against Defendant Crabtree Rohrbaugh & Associates, which alleges a cause of action arising out of the design and installation of a drainage system and roof on a Giant Food Store located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. A true and correct copy of the complaint is incorporated herein by reference, without admitting the veracity of the allegations contained therein and attached hereto as Exhibit "A". 8. On or about October 13, 1999, Defendant Crabtree Rohrbaugh & Associates filed an answer and new matter denying any liability for the injuries and damages claimed by plaintiff. A true and correct copy of the answer and new matter are incorporated herein and attached eret ?g Exhibit "B" t. I DEC 151999 i? f is ?' 12/20/00 19:50 PAS 7177908181 _ PSLf GROUP 000x, 9. On or about October 21, 1999, plaintiff filed a response to defendant's new matter. A true and correct copy is attached hereto as Exhibit "C". 10. On orabout October 29, 1999, Defendant filed a motion for leave to join additional defendants, attached hereto as Exhibit T". 11, On November 9, 1999, the Cumberland County Court of Common Pleas entered an order granting defendant's motion for additional time tojoin additional defendants, attached hereto as Exhibit "E". 12. At the time of the incident alleged in plaintiffs' complaint, the building that housed the Giant Food Store in question was owned by PSEA. 13, As owner of the building involved in the incident alleged in plaintiffs' complaint, PSEA owed a duty to all visitors of the building. 14. At the time of the incident alleged in plaintiffs' complaint, additional defendant Giant Food Store, Inc. was the tenant of the building. 15. It is believed and, therefore, averred additional defendant Giant Food Store, Inc., retained certain obligations regarding the maintenance and upkeep of the building in question. 16. As tenant of the building involved in the alleged incident, Giant Food Store, Inc. owed a duty to its business invirees. 17. At the time the drainage system In question was installed, it is believed, and therefore averred, that additional defendant Ahold U.S.A., Inc. was the owner of the building. 16. Additional defendants Giant Food Store, Inc. and Ahold U.S.A., Inc. had substantive input Into the design and installation of the drainage system and roof at the building in question. Lr G- L LI C`,v L- i 3 ?;!) DEC 1 5 1;9 i !i? 1/20/00 13:50 F:U 7177308181 111U GROUP ,0007 I 19. At the time of the incident alleged In plaintiffs complaint, additional defendant Crossgates, Inc. was the manager of the building involved. 20. As the property manager, additional defendant had certain duties and obligations to maintain the building in question including, but not limited to, insuring safe passage ways for any business invitees. 21. Additional Defendant Ames Construction was responsible for the construction of the site in question, including the drainage system. 22. Based on the foregoing, if the allegations in plaintiffs' complaint are proven true at trial, the additional defendants are solely liable for plaintiffs' causes of action. 23. In the alternative, based upon the foregoing, if the allegations In plaintiffs' complaint are proven true at trial, the additional defendants are liable over to the defendant on plaintiffs' causes of action. 24. In the alterative, based upon the foregoing, if the allegations in plaintiffs' complaint are proven true at trial, the additional defendants are jointly or severally liable with the third parry plaintiff on Elie plaintiffs' causes of action. WHEREFORE, third parry plaintiff respectfully requests that in the event judgment is entered in favor of plaintiff on their underlying claim, the propriety of which is specifically denied, that it be entered solely against the additional defendants. In the alternative, the third parry plaintiff respectfully requests that in the event judgment is entered in favor of the plaintiffs on their underlying claim, the propriety of which is specifically denied, that the additional ??'11L L `•' 4 i' ' ` DEC 1 51999 ; ;,.. 12/20/00 1357 FA.S 1177308181 P31t CROUP ,0008 , defendants be found liable over to the third parry plaintiff on plaintiffs' cause of action or be found jointly and severally liable with the third party plaintiff on plaintiffs' causes of action. Respectfully submitted, GOILtD?B?ER.G_KATZM IAN ?8c SH1PbIAN, P.C. By: i /Yf 101/",q V" Thom' ss I Weber, quire Supr. I.D. #58853 320 Market Strcet P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates Date: December 7, 1999 n92..a IIJ DEC 1 5 669 12/20/00 19:67 FAX 7177908181 PMA CROUP , Q000, VERIFICATION 1, CARL DAVIS, hereby verify that I am an authorized representative of defendant Crabtree, Rohrbaugh & Associates in this action; that 1 have read the foregoing Joinder Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. CARL D VIS Date: l i .,1 CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below By First Class U.S. Mail: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Thomas J. Weber, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Crabtree, Rohrbaugh & Associates George Faller, Esquire Martson, Deardorff, Williams and Otto 10 E. High Street Carlisle, PA 17013 Attorney for AHold and Giant Food Stores Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louse Dr. Suite 103 Mechanicsburg, PA 17055 Attorney for Crossgates, Inc. THOMAS, THOMAS & HAFER, LLP Dated: ? ?'ko Jaannie L. Kawalec ? GOLDBERG. KA7ZMAN • SHIPMAN, P.C. Thomas J. Weber. Esquire • I.D. X58853 Attorneys for Defendant 320 Market Street P. 0. Iinz 1268 I lorrlsburg. PA 171084268 (717) 2344161 KELLI AND BRUCE MULL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC. GIANT FOOD STORE, INC. CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants NO. 99-4682 Civil JURY TRIAL DEMANDED GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC. WOLFE ROOFING AND WILEY ROOFING, Additional Defendants NEW MATTER 25. The averments contained in paragraph 25 of Ames Construction's new matter constitute conclusions of law to which no response is required. To the extent they are . CIVIL ACTION - LAW deemed factual in nature, they are denied. 26. The averments contained in paragraph 26 of Ames Construction's new matter constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. 27. The averments contained in paragraph 27 of Ames Construction's new matter constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. 28. After reasonable investigation, third party plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 28 of Ames Construction's new matter. By way of further answer, it is averred that if the allegations in plaintiffs complaint, which are specifically denied, are proven true at trial, then Ames Construction would be responsible as set forth in third party plaintiff's joinder complaint. 29. After reasonable investigation, third party plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 29 of Ames Construction's new matter. By way of further answer, it is averred that if the allegations in plaintiff's complaint, which are specifically denied, are proven true at trial, then Ames Construction would be responsible as set forth in third party plaintiffs joinder complaint. 2 30. The averments contained in paragraph 30 of Ames Construction's new matter constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are admitted. 31. The averments contained in paragraph 31 of Ames Construction's new matter constitute conclusions of law to which no response is required. 32. The averments contained in paragraph 32 of Ames Construction's new matter constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, it is specifically denied that Crabtree, Rohrbaugh & Associations can be found liable for indemnification, contribution, or liable over or jointly and severely liable with Ames Construction or solely liable on plaintiffs' claim. WHEREFORE, third party plaintiff Crabtree, Rohrbaugh & Associates respectfully requests that judgment be entered in its favor. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By. TI mas J. W er, Esquire Supr. I.D. #58853 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Third Party Plaintiff Crabtree, Rohrbaugh & Associates Date: Z . it, U J 3 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 George Faller, Esquire Martson, Deardorff, 10 East High Street Carlisle, PA 17013 Williams and Otto Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Gary Wolfe Wolfe Roofing and Sheet Metal, Inc. Wolfe Roofing, Inc. and Wiley Roofing 3915 Pottsville Pike Reading, PA 19612-4834 John Flounlacker, Esquire Thomas, Thomas & Hafer, UP P. O. Box 999 Harrisburg, PA 17108-0999 Donald M. Lewis, III, Esquire Keefer, Wood, Allen & Rahal, UP 210 Walnut Street Harrisburg, PA 17101 GOLDBERG, KATZMAN & SHIPMAN, P.C. I By: Thomas J. Weber, Esquire Attorney I.D. #58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Third Party Plaintiff Crabtree, Rohrbaugh & Associates Dated: February 16, 2000 " -:, ? -- \J I DONALD M. DESSEYN, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, Crossgates Management, Inc. KELLI AND BRUCE MULL Plaintiffs v. CRABTREE, ROHRBAUGH & ASSOCIATES and Defendant PENNSYLVANIA STATE EDUCATION ASSOCIATION, et al. Additional Defendants and GARY WOLFE, individually, etc., et al. Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4682 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes Additional Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., by and through its counsel, Donald M. Desseyn, Esquire, and files the following Reply to New Matter of Ames Construction, Inc. and in support thereof avers as follows: 25. The allegations as set forth in Paragraph 25 are directed toward another party other than this answering Defendant, and therefore, no answer is required. 26. The allegations as set forth in Paragraph 26 are directed toward another party other than this answering Defendant, and therefore, no answer is required. 27. The allegations as set forth in Paragraph 27 are directed toward another party other than this answering Defendant, and therefore, no answer is required. 28. After reasonable investigation, this answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 28 of Defendant's, Ames Construction, Inc., New Matter and therefore denies same, and strict proof is demanded at the time of trial. 29. After reasonable investigation, this answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 29 of Co-defendant's, Ames Construction, Inc., New Matter and therefore denies same, and strict proof is demanded at the time of trial. 30. Admitted. 31. Admitted in part and denied in part. This answering Defendant specifically denies any allegations of negligence directed toward this answering Defendant as set forth in Paragraph 31 of Co-defendant's, Ames Construction, Inc., New Matter to this answering Defendant; however, Defendant admits all remaining allegations as set forth in Paragraph 31. 32. Denied. Legal conclusion. WHEREFORE, this answering Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., demands judgment in its favor, together with costs of suit, and that the New Matter of Ames Construction, Inc. be dismissed. Date: By: 7I/Ol?G?6'?i'/?DGt11? Donald"N1. esseyn, squire Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this /8-day of 2000, I, Donald M. Desseyn, Esquire, Attorney for Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., hereby certify that I served a copy of the within Reply to New Matter of Ames Construction, Inc. on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Thomas J. Weber, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 John Flounlacker, Esquire Thomas, Thomas, Hafer & Hafer, LLP 305 N. Front Street Harrisburg, PA 17110 George Faller, Esquire Martson, Deardorff, Williams & Otto 10 E. High Street Carlisle, PA 17013 Date: I/? D By: 71??Y.A?iNl6lrs? Donalesseyn, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 -- - ?-?. __..__.-?_.. w_ _ .._..?... - ,., ,.. Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING, Additional Defendants CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 99-4682 Civil JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO ADDITIONAL DEFENDANT AMES CONSTRUCTION INC.'S NEW MATTER 25. through 32. Denied. Additional Defendant Ames Construction, Inc., has failed to set forth factual allegations that require the Plaintiffs to admit and/or deny said allegations. All of the allegations in Additional Defendant Ames Construction, Inc.'s New Matter are conclusions of law to which no response is necessary. By way of further response, the Plaintiffs incorporate the factual allegations contained in their Complaint as if set forth herein. 208134.DD1,LWTG WHEREFORE, the Plaintiffs hereby request that Additional Defendant Ames Construction, Inc.'s New Matter be dismissed. ANGINO & ROVNER, P.C. i Davi L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiffs Date: . 208134.IIDLLU1TG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' REPLY TO ADDITIONAL DEFENDANT AMES CONSTRUCTION, INC.'S NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas Weber, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant John Flounlacker, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Additional Defendant, Ames Construction, Inc. George Faller, Esquire Ten East High Street Carlisle, PA 17013 Attorney for Additional Defendants, Ahold U.S.A., Inc., and Giant Food Stores, Inc. Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 Attorney for Additional Defendant, Crossgates, Inc. Pennsylvania State Education Association 400 North Third St., P.O. Box 1724 Harrisburg, PA 17105 208134.1\DLL\MTG Mr. Gary Wolfe Wolfe Roofing & Sheet Metal, Inc. Wolfe Roofing & Wiley Roofing 3915 Pottsville Pike Reading, PA 196124834 f i ? " LCI, M jT. raets Dated: 208134.1\DLL\MTG ?` i'i .. ?. ?. l._ _ ? l -- '.J SHERIFF'S RETURN - REGULAR CASE NO: 1999-04682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULL KELLI ET AL VS CRABTREE ROHRBAUGH & ASSOC BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIANT FOOD STORE INC the ADD'L DEFENDANT, at 0014:10 HOURS, on the 9th day of February , 2000 at 1149 HARRISBURG PIKE CARLISLE, PA 17013 by handing to LIBBY HOWELL (RISK MANAGER) 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 3.10 Affidavit ,00 Surcharge 8.00 .00 29.10 Sworn and Subscribed to before m-ef this IF 7A, day of o OVIJ A. D. / 'Prothonotary So Answers: ?000%? ?e?- R. Thomas Kline 02/18/2000 GOLDBERG, KATZMAN & SHIPMAN By: Deputy eriff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULL KELLI ET AL VS CRABTREE ROHRBAUGH & ASSOC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: CROSSGATES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of WASHINGTON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 18th , 2000 , this office was in receipt of the attached return from WASHINGTON Sheriff's Costs: So answers--- , Docketing 6.00 Out of County 9.00'°°? Surcharge 8.00 R. Thomas Kline DEP. WASHINGTON CO 33.50 Sheriff of Cumberland County .00 56.50 02/18/2000 GOLDBERG, KATZMAN & SHIPMAN Sworn and subscribed to before me this 1j "= day of o2vvv A. D. r,.. e.P? yz Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULL KELLI ET AL VS CRABTREE ROHRBAUGH & ASSOC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: AMES CONSTRUCTION INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within JOINDER COMPLAINT & NOTIC On February 18th , 2000 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answer a Docketing 6.00 Out of County 9.00 Surcharge 8.00 R. Th mas Kline DEP. LANCASTER CO 44.56 Sheriff of Cumberland County _ .00 67.56 02/18/2000 GOLDBERG, KATZMAN & SHIPMAN Sworn and subscribed -/to before me this JSf day of -2-nt) A. D. J ao ti¢,e,r Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULL KELLI ET AL VS CRABTREE ROHRBAUGH & ASSOC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: PENNSYLVANIA STATE EDUCATION ASSOCIATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within JOINDER COMPLAINT & NOTIC On February 18th , 2000 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers,> Docketing 6.00 Out of County 9.00 Surcharge 8.00 R. Thomas Kline DEP. DAUPHIN CO 25.50 Sheriff of Cumberland County .00 48.50 02/18/2000 GOLDBERG, KATZMAN & SHIPMAN Sworn and subscribed to before me this day ofyti" T .2"-o A. D. Prothonota y W SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 1999-04682 P ASSOCIA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MULL KELLI ET AL VS. CRABTREE ROHRBAUGH & ASSOC R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named ADD'L DEFENDANT,AHOLD U S A INC by United States Certified Mail postage prepaid, on the 9th day of December 2000 at 0008:00 HOURS, at 1 ATLANTA PLAZA 950 E PACES ATLANTA, GA 30315 Sheriff a true and attested copy of the attached JOINDER COMPLAINT & NOTIC. Together with receipt card was signed by 00/00/0000 . Additional Comments: on Sheriff's Costs: Docketing 6.00 Cert Mail 7.72 Affidavit .00 Surcharge 8.00 .00 21.72 Paid by GOLDBERG, KATZMAN & SHIPMAN Sworn and subscribed to before me this .15ES- day of rems R _ oil- 0 A. D. r thonotary So answers: V?,rrr.:- ice: Thomas Kline ' Sheriff of Cumberland County on 02/18/2000 The returned (0111ce Of *P oS;h$rr f f Man Jane Snyder Real Fstate I)clxtt% William T. Tully ! f Solicitor Dauphin County Harrisburg. Pennsylvania 17101 p1i:(717)255.2000 I'ac:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania . MULL KELLI Ralph G. McAllister Chicl' Ixpaty Michael W. Rinehart Assistant Clticf Ikputy vs County of Dauphin PENNSYLVANIA STATE EDUCATION ASSOCIATI Sheriff's Return No. 2517-T - - -1999 OTHER COUNTY NO. 99-4682 AND NOW: December 20, 1999 at 12:56PM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon PENNSYLVANIA STATE EDUCATION ASSOCIATION by personally handing to SARAH BRINER-LEGAL SEC 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 400 NORTH THIRD ST PO BOX 1724 HARRISBURG, PA 17105-0000 Sworn and subscribed to before m??ethis 11 22ND day-LLf DECEMBER, 1999 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. Deputy Sheri Sheriff's Costs: $25.50 PD 12/13/1999 RCPT NO 131296 GP fn The f'n+nt of r,)mmon mene, of Ci mhlertand County. Pennsvivania tii!PL fF° r%F r; %.fR[Rf, ANr) CIOTTiTY. °A_ do minty to = •<ecnte This Writ. his !?er,h?? 1?pnPirr?:hr ;h?•riff'?r ??„-.?:. d Cptltatlr)n t?^.Inn p?Afl e. -11 'rL•' ^r711?-1 'Intl "i•.;k ')r,!ip Naintiff. ,h?r'ff of r?nmhrr?and Cnnnrv. ?? `i ow, within upon tit hV handin:r to and rn:uh knm,,n ire ?:n ;mwier;. Su urn soul -:uhscrPird 1"+11 nH' Iltic rhR nl lfficlav+t of orrice 9 "t clock _ _ M. served the ;:opy of'the on<-Yinal 1'1 lti I I„ VIII I Al it MA 11 IAVI I County, PA the contents thereof. 0 t110?? / (?tb • JvSgrhL J L ? r ?OrV F-0 LL?rt' ?? OI SHERIFF'S OFFICE Cam 50 NORTH DUKE STREET, P.O. BOX 63480. LANCASTER. PENNSYLVANIA 17606.3480 a (717) 299-6200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. Kelli Mull, et. al. _ 99-4682 1 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT Crabtree, Rohrbaugh & Assoc., et.a 1. Notice & Joinder Complaint SERVE 5 NAME OF INDIVIDUtAL. COMPANY CORPORATION. ETC. TO BE SERVED 0 Amec ConGruction Inc 6. ADDRESS Streat or RFD. Apartment No, City. Sam. Two. State and ZIP Cadel AT one o??' M-4- c* orxh?n ra PA 17577 7. INDICATE UNUSUAL SERVICE. EPUTIZE OOTHER Cumberland Now, 12/9/99 19 , I, SHERIFF OF K4NOA'6 M COUNTY, PA., do h et3yotleputize the of I ARC:RA tO County to execute this WyyF? a re r 'n? to law. This deputation being made at the request and risk of the plaintiff. ??ff 77 •••••••• -T' se[artr ar en S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherds levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, alter notifying person of levy orallachment, without liabtldy on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10 TELEPHONE NUMBER 11. DATE SEND NOTICE OF SERVICE COPT TO NAME AND ADURESO BELOW: tl hie area must to compietea it notice is to oe menea) GOLDBERG, KATZMAN, & SHIPMAN - 320 MARKET STREET, PO BOX 1268, HARRISBURG, PA 17108 arms c ocs.un run uao yr ancnirr unt. s - toy ,. 13.1 acknowledge receipt of the writ I NAME of Authorized LCSO Deputy or Clerk 14. Dale Received 15. E.pirabon/Hearing date or complaint as indicated above. I ABBY THOMAS 717-295-3609 12/10/99 1/8/00 16. I hereby CERTIFY and RETURN that 10 have personally served, ave legal evitlenet, of service as shown in'Remarks'.0 have executed as shown in -Remarks'. the writ or complaint described on the individual. company, corporation, etc.. at the address shown above or on the mdividual, company. cor. Farallon. etc.. at the address inserted below by handing a TRUE and ATTESTED COPY thereof 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title 01 individual served (if not shown above) (Relationship to Defendant) 19 GNo Seviae I r^v c z-n01 G A , / A W7 CN%)TZE'U X ( Ce t.1TQCiLIB(L\ Sea Remarks Below (No 30) 20. Add re as of where served( complete only if diflerenl than shown a bove) I Street or FD. Apart in ant N0. City, 13o.6. Twp 21 Date of Service 22 Time ? • State and Zip Code) S ?ait3149 T I E I -? 23. ATTEMPTS Date Mlles Dep. Int. Date Miles Dep. Int. Dale Miles Dep. Int. Dale Miles Dep. Int. Date Miles Dep. Int. 1 13 ofq 2 6 (, 24. Advance Costs 25. Sarv.Ce Cas13 26 Notary Can 27 Mileage/Postage/N F. 28 Total Costs 29 COST DUE OR REFUND R#106202 100.00 36.50 7 30. REMARKS: S.T.A. 31. AFFIRMED and subscribed to before me this 34. day of 37 EGo1z It 2 3 M N n H MY COMMISSION EXPIRES V I 1. WHITE - Issuing Authority 2. PINK - ASomey 3. CANARY - ShonfrS Office 4. BLUE - Sheriffs office 12-16-99 SHERIFF SERVICE I INSTRUCTIONS: Plea. N out a seperete brm ror each Wendent. Type w PROCESS RECEIPT, and AFFIDAVIT OF RETURN Print lege Iyarar Vreadi°°"dallCopies DoMd"'o'M'orpate -- - - - - COURT NUMBER OF WRIT OR COMPLAINT KELLI MULL, et al I 99-4682 CRABTREE, RCHREIAUGIi & ASSOC. COMPLAINT TO JOIN SERVE NAME OF MgVI011AL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY To BE LEVIED, ATTACHED OR SOLD 10 CROSSOATES INC. ADDRESS (Street or RFD, Apartment No., City. Born, Twp., State and Zip.) AT 3555 WASHINGTON ROAD McMURRAY, PA 15317 SHERIFF'S DEPARTMENT WASHINGTON COUNTY, PENNSYLVANIA COURTHOUSE SQUARE, SUITE 101, WASHINGTON, PA 15301 724229'6840 DATE - INDICATE TYPE OF SERVICE: 0 PERSONAL O PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 REG. MAIL 0 POSTED 0 OTHER O LEVY 0 SEIZED A STORE SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Exniras?neYU..,inm n.,. 1-7-00 HIM 0147 APPICASLE ON WRIT OF EXECUTION: Na. WAIVER OF WATCHMAN - Aay it" W ne yw,^P upon a alah,np my pOWY uncle, w hm,ae may km Sane emhout • aaNmet n "" of anomwa a bard n ppernekn, are MOYN perwn of kty Or Nachman, arh cut hSdUY an IM W of Sara M" W4 SM,e la arty plmm,e Man br ay Sea env,emn a famwd of ay xW Pc9dr y belie ehords ek tMeoT SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of ADDRESS TELEPHONE NUMBER 0 PLAINTIFF GOLDBERG,KAT2MAN & SHIP-AN G DEFENDA 0 DEFENDANT RETURN that on the Above / ress Below. County of Washington, PennsyNenie ,19 (__(_, at I have Served in the manner Described below: O Defendant(s) personally served. 0 Adult family member with whom said Defendant(s) reside(s). Relationship is 0 Adult in charge of Defendant's residence who refused to give name or relationship. 0 Manager / Clerk of place of lodging in which Defendant(s) reside(s). 49ent or person in charge of Defendant(s) office or usual place of business. y- ,rte O Otter ?r r C 1^rJ I °L ?1?e. 1S In ) 0 Property Posted 0 Deputize O Cad. Mail 0 Levy Made 0 Reg. Mail Defendant not found because: 0 Moved 0 Unknown 0 No Answer 0 Vacant 0 Other Now, This deputation being made at the request and risk of the plaintiff County to execute this Writ and make return thereof according to law. Notary Public S Check Number SHERIFF OF WASHINGTON COUNTY $ Check Number County Costs $ Advance Invoice Docket Page solel?osis costs Due sEFUII?/?/? A 75.00 66399-99 et 19 489 AFFIRMED and eubscdbe to before me INS Ems' z' ? ? f f r t ZD T, T TfT 9 (Sherd / Dep. SheritQ (Please Print or Type.) 0 e day of 2 ^?L I'1, _ / . SHERIFF I ACKNOWLEDGE RECEIPT OF THE SHERIFFS RETURN SIGNATURE I Date Received OF AUTHORIZED ISSUING AtUTHORITY AND TITLE. 19 I, SHERIFF OF WASHINGTON COUNTY, PA. do hereby deputize the Sheriff of PROTHONU rARY In The Court of Common Pleas of Cumberland County, Pennsylvania Kelli Mull, et. al. vs. Crabtree, Rohrbaugh 6 Assoc., et.al. Serve: Crossgates, Inc. No. 99-4682 Civil Now, 12/9/99 19_, 1. SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffol' Washington Couniv in execute tt,;a UlAt rt,:, deputation-being made al the request and risk of the Plaintiff. `.- Sheriff of Cumberland County, PA rr. ` Affidavit of Service Now, _ 19_, at o'clock M. served the within upon at by handing to a and made known to Sherifful copy of the original the contents thereof. So answers, COSTS Sworn and subscribed helbre SERVICE me this __ day MILEAGE AFFIDAVIT County, PA L? LWRENCG_ Or iIAAGGI SHERIFF COUNTY OF WASHINGTON OFFICE (724) 228-6840 Received From: i Case No. ._.. ! Receipt Number: 66399 i 1 y t i.,l- It,. W) SHERIFF SERVICE I INSTRUCTIONS: PYaaa ea out a separate form IW eam defendant Type or PROCESS RECEIPT, and AFFIDAVIT OF RETURN °"n11ep1ph''nsi ee°'a""a"ICopies, OOnoldelamar"dopes. PLAINTIFF 16 1 COURT NUMBER OF WRIT OR COMPLAINT RF11,1 KILL, ct a.l DEFENDANTIB/ TYPE OF WRIT OR COMPLAINT CFAB'R!:[F.,FY:-Nr+l?AUGH t; n.S ?". rTV?;;'fAIN7 ,.tl ."t)IN SERVE RAMS OF !INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD 10 ADDRESS (Sftw or RFD, Aperbnard No, City, Bert, Tap., State and Zip.) AT „ WASH1M 8r N r% T, 1 P"A" , (•A SHERIFF'S DEPARTMENT WASHINGTON COUNTY, PENNSYLVANIA COURTHOUSE SQUARE, SUITE 101, WASHINGTON, PA 15301 7247288840 DATE - INDICATE TYPE Of 8ERVICE: O PERSONAL 0 PERSON IN CHARGE O DEPUTIZE 0 CERT. MAIL 0 REG. MAIL 0 POSTED 0 OTHER O LEVY O SEIZED A STORE SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Expiration/ Hearing Date NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: ND. WAIVER OF WATCHUM - Ny do" ague w'NN ,on a atahre any Papery o a an,, w" may W. tiara ,aW a wadmn n aalady of w ooft.4 ku d in PmNsim. aka mliYig Perm of la"a andv .we, W haday m Pa Pan of wrA it" of IN their to av Paahe nap k, try Imx d"94. a ramwa of aq W Poppy before their, fee Thai arG WRE W ATTORNEY or What ORIGINATOR requesting service p behalf of ADDRESS O DEFENDDAA TELEPHONE NUMBER 13 CY)I,DB@RG.fC,4 lNiMd d '<i(17.Ffi:aV E3N DEFENDANT I hereby CERTIFY and RETURN that on the day of I'J c' r - ,19 at n• ?1 ocloo A.M: / P.M;A,lddress Above I A0dress Below, County of Washington, Pennsylvania I have served in the manner Described below: O Defendant(s) personally served. O Adult family member with whom said Defendant(s) reside(s). Relationship is O Adult in charge of Defendant's residence who refused to give name or relationship. O Manager / Clerk of place of lodging in which Defendant(s) reside(s). AQenl or person in charge of Defendant(s) Office or usual place of business. O Other O Property Posted O Deputize O Cert. Mail ? Levy Made O Reg. Mail Defendant not found because: O Moved ? Unknown O No Answer O Vacant ? Other Now, This deputation being made at the request and risk of the plaintiff County to execute this We and make return thereof according to law. Notary Public $ Check Number SHERIFF OF WASHINGTON COUNTY S Check Number County Costs $ Adwnce Invoice Docket page s lelfgg(T ,?., COSts Due $ EFU? $ - U(1 tnZ•.r.- ? j'S ?Q?S I AFFIRMED and subscdDed to before me this " L t + . y B aril / Dep. Sheriff) (Please Print or Type.) Date . day of Signature of Sheriff Date Notary PWI¢ ---- SHERIFF OF WASHINGTON COUNTY MYCOMMIasIONE%PIREa ' I ACKNOWLEDGE RECEIPT OF 4h'SHERIFFS RETURN SIGNATUREA Date Received OF AUTHORIZED ISSUING AUT OMETPrAND TtTLE:=.u?:.... ..I:. ::rulz 19 _ . I, SHERIFF OF WASHINGTON COUNTY, PA. do hereby depuloe the Sheriff of ATIOHiNEY SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULL KELLI ET AL _ VS CRABTREE ROHRBAUGH & ASSOC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: WOLFE GARY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within JOINDER COMPLAINT Sc NOTIC On February 18th , 2000 , this office was in receipt of the attached return from BERKS Sheriff's Costs: So answeX4K?, Docketing 18.00 / - Out of County 9.00 Surcharge 10.00 R.' Thomas Kline Dep. Berks Cc 48.90 Sheriff of Cumberland County .00 85.90 02/18/2000 THOMAS, THOMAS & HAFER Sworn and subscribed to before me this dYt day of ac yGO A. D. Prothonotar SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULL KELLI ET AL VS CRABTREE ROHRBAUGH & ASSOC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: WOLFE ROOFING & SHEET METAL INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within JOINDER COMPLAINT & NOTIC On February 18th , 2000 , this office was in receipt of the attached return from BERKS Sheriff's Costs: So answers:; Docketing 6.00 / Out of County .00 Surcharge 10.00 K. 'Thomas Kline .00 Sheriff of Cumberland County .00 16.00 02/18/2000 THOMAS, THOMAS & HAFER Sworn and subscribed to before me this dS`~ day of 2.&T-y A. D. C z C )y? . ?t.:r . Prothonotary T- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULL KELLI ET AL VS CRABTREE ROHRBAUGH & ASSOC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: WOLFE ROOFING but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within JOINDER COMPLAINT & NOTIC On February 18th , 2000 this office was in receipt of the attached return from BERKS Sheriff's Costs: So answers Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 02/18/2000 THOMAS, THOMAS & HAFER Sworn and subscribed to before me this 2 S? day of aovU A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-04682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULL KELLI ET AL VS CRABTREE ROHRBAUGH & ASSOC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'L DEFENDANT , to wit: WILEY ROOFING but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 18th , 2000 , this office was in receipt of the attached return from BERKS Sheriff's Costs: So answers: / i Docketing 6.00 Out of County .00 Surcharge 10.00 R.(Thomas Kline .00 Sheriff of Cumberland County .00 16.00 02/18/2000 THOMAS, THOMAS & HAFER Sworn and subscribed to before me this dS? day of 2ovJ A. D. -?? Prothonotdr SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone 610-478-6240 Fax 610-478-6222 Barry Jozwiak, Sheriff DOCKET NO. 99-4682 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Eric J. Weaknechl, Chief Deputy AFFIDAVIT OF SERVICE Personally appeared before me, MICHAEL KAUFMAN . Deputy for Barry J. Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on FEBRUARY 9 ; 2000 at 9:45 A.ALe served the annexed JOINDER COMPLAINT up8n WEEER ROOF.BNG , within named defendant, by handing a copy thereof to DEANA YODER (P.I.C.) at 3915 POTTSVILLE PIKE READING Berks County, Pa., and made known to defendant the contents thereof DEPUTY SHERIFF 0 KS CO., PA Sworn nd subscribed before me tlys IP)TH day of FEBRUARY 2000 PA NOTARIAL SEAL TAMMY RODHI'll'U. Mo'.uy Public Heac4ny, E-,U;k (" My CGInILISLIrn [qvr, itA!,{ 003 Sheriffs Costs in Above Proceedings $ DEPOSIT $ ACTUAL COST OF CASE $ AMOUNT OF REFUND Service made as set forth above. So answers, SHERIFF OF BERKS COUNTY, PA All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20, 1911, P.L/ 1072 SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone 610-478-6240 Fax 610-478-6222 Barry Jozwiak, Sheriff DOCKET NO. 99-4682 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Eric J Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE Personally appeared before me, MICHAEL KAUFMAN , Deputy for Barry J. Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on FEBRUARY 9,, 2000 at 9:45A-M,-he served the annexed JOINDER COMPLAINT upon WOLFE ROOFING & SHEET Mlrin named defendant, by handing a copy thereof to DEANA YODER (P.I.C.) at 3915 POTTSVILLE PIKE READING Berks County, Pa., and made known to defendant the contents thereof. DEP Y SHERIFF GOMM CO., PA subscribed before me day of FEBRIttRY , 2000 Y P C, "ING, BI CIS CO., NOTAFIIAI. Zh.aL -__ TAMMY No j,/ Public My Comsni:..r, r_?:<t ..:r Iu?O=_003 Sheriff's Costs in Above Proceedings $ DEPOSIT $ ACTUAL COST OF CASE $ AMOUNT OF REFUND Service made as set forth above. So Answers, SHERIFF OF BERKS COUNTY, PA All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20, 1911, P.L/ 1072 SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone 610-478-6240 Fax 610-478-6222 Barry Jozwiak, Sheri DOCKET NO. 99-04682 COMMONWEALTH OF PENNSYLVANIA: COUNTY OFBERKS Eric J. Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE Personally appeared before me, MICHAEL KAUFMAN , Deputy for Barry J. Jozwiak, Sheriff of Berks County Pennsylvania, who being duly sworn according to law, deposes and says that on FEBRUARY 9 , , 2000 at 9: k5A.M, he served the annexed JOINDER COMPLAINT upon WOLFE ROOFING within named defendant, by handing a copy thereof to DEANA YODER (p,i.c) at 3915 POTTSVILLE PIKE READING , Berks County, Pa., and made known to defendant the contents thereof. F ..lR ER[ D SH 0 RKS CO., PA subscribed before me day of FEBRUARY 2000 TF4,6M1' FE:itl!ily, t:pi YS CUUn:y, Pr\ MY Coinmiuicn Erpirei . tU OG: 003 Sheriffs Costs in Above Proceedings $ 75.00 DEPOSIT $ 48.901' ACTUAL COST OF CASE $ 26.10 AMOUNT OF REFUND Service made as set forth above. So Answers, SHERIFF OF BERKS COUNTY, PA All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20, 1911, P.L/ 1072 SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone 610-478-6240 Fax 610-478-6222 Barry Jozwiak, Sheriff DOCKET NO. 99-04682 COMMONWEALTH OF PENNSYLVANIA: COUNTY OFBERKS Eric J. Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE Personally appeared before me, MICHAEL KAUFMAN , Deputy for Barry J. Jozwiak, Sheriff of Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that on FEBRUARY 9, +2000 at 9:44 A.Mhe served the annexed JOINDER COMPLAINT upon GARY WOLFE , within named defendant, by handing a copy thereof to DEANA YODER (P.I.C.) at 3915 POTTSVILLE PIKE READING Berks County, Pa., and made known to defendant the contents thereof. ? O/ DEPUTY SHERIFF BERKS CO., PA SwornAd subscribed before me this /IbTBiay of FEBRUARY , 2000 PA ?:;Itfi lAI. SEAL 1F•%.t,.:i h0!SF!ii, ICZ. DIO?Jr/ i'??hl;] k?aUmp, Eve' M! C!dnmitsicn FAp'V' '19-2; ^7p7 Sheriffs Costs in Above Proceedings $ DEPOSIT $ ACTUAL COST OF CASE $ AMOUNT OF REFUND Service made as set forth above. So Answers, SHERIFF OF BERKS COUNTY, PA All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L/ 1072 In The Court of Common Pleas of Cumberland County, Pennsylvania Kelli Bruce, et. al. VS. Crabtree, Rohrbaugh, et, al. Serve: No 99-4682 Civil Wiley Roofing Now, z/3/o0 20_Qa, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plain ?00010240-1w - tiff. cps Sheriff of CumbeHand County. PA Affidavit of Service Now, within upon _ at by handing to a and made known to 20_, at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this _ day of , -) p COSTS SERVICE MILEAGE AFFIDAVIT S County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Kelli Bruce, et. al. VS. Crabtree, Rohrbaugh, et. al. Serve: No. 99-4682 Civil Wolfe Roofing & Sheet Metal Now, 2/3/00 , 2000, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cum land County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. c? N , N Sheriff of Sworn and subscribed before me this _ day of , 20_ 20_, at o'clock M. served the COSTS SERVICE S MILEAGE AFFIDAVIT County. PA In The Court of Common Pleas of Cumberland County, Pennsylvania Kelli Bruce, at. al. VS. Crabtree, Rohrbaugh, et. al. Serve: Wolfe Roofing No.99-4682 Civil Now, 2/3/00 , 20 00, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to Sheriff of Sworn and subscribed before me this _ day of , 20 20_, at o'clock M. served the copy of the original the contents thereof. So answers, COSTS SERVICE _ MILEAGE _ AFFIDAVIT S County, PA S In The Court of Common Pleas of Cumberland County, Pennsylvania Ke11i Bruce, at. al. VS. Crabtree, Rohrbaugh, at. al. No 99-4682 Civil Serve: Gary Wolfe Now, 2/3/00 , 20Ot, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Ber. ks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents' hereof. So answers, Sheriff of Sworn and subscribed before me this _ day of 20 20_, at o'clock M. served the COSTS SERVICE S MILEAGE AFFIDAVIT County, PA DONALD M. DESSEYN, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ATTORNEY FOR DEFENDANT, Crossgates Management, Inc. KELLI AND BRUCE MULL Plaintiffs V. CRABTREE,ROHRBAUGH & ASSOCIATES Defendant and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4682 CIVIL ACTION - LAW PENNSYLVANIA STATE EDUCATION ASSOCIATION, et al. Additional Defendants and GARY WOLFE, individually, etc., et al Additional Defendants JURY TRIAL DEMANDED To: Kelli and Bruce Mull c/o David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Date of Notice: Oa NOTICE You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of the date of service hereof pursuant to Pa. R.C.P. 1026, or default judgment may be entered against you. Date: O.? By: Donald sseyn, s ire Attorney for Defendant DONALD M. DESSEYN, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (7 t7) 791-0400 Attorney I.D. # 69179 KELLI AND BRUCE MULL Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, et al. Additional Defendants and GARY WOLFE, individually, etc., et al Additional Defendants ATTORNEY FOR DEFENDANT, Crossgates Management, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-4682 CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER, NEW MATTER. AND NEW MATTER PURSUANT TO RULE 2252 (d) OF ADDITIONAL DEFENDANT CROSSGATES. INC. TO JOINDER COMPLAINT AND NOW comes Additional Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., by and through its counsel, Donald M. Desseyn, Esquire, and files the following Answer with New Matter to Defendant / Third-party Plaintiff Crabtree, Rohrbaugh & Associates' Joinder Complaint and in support thereof avers as follows: 1. Admitted based on information and belief. 2. After reasonable investigation, this answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 2 of the Joinder Complaint and therefore denies same, and strict proof is demanded at the time of trial. 3. Admitted based on information and belief as to Defendant Giant Food Stores, Inc., improperly identified as Giant Food Store, Inc. 4. Admitted in part; denied in part. Defendant admits that Crossgates Management, Inc., improperly identified as Crossgates, Inc., is a Pennsylvania corporation with a principal address of 3555 Washington Road, McMurray, Washington County, Pennsylvania 15317; and, Defendant denies each and every remaining allegation as set forth in Paragraph 4 of the Joinder Complaint. 5. After reasonable investigation, this answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 5 of the Joinder Complaint and therefore denies same, and strict proof is demanded at the time of trial. 6. After reasonable investigation, this answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 6 of the Joinder Complaint and therefore denies same, and strict proof is demanded at the time of trial. 7. Admitted to the extent that Plaintiffs filed their Complaint on or about August 4, 1999, to initiate an action against the Defendant as Third-party Plaintiff. Moreover, this answering Defendant avers that the allegations set forth within Plaintiffs' Complaint are self- explanatory. 8. Admitted. 9. Admitted based on information and belief. 10. Admitted based on information and belief. 11. Admitted based on information and belief. 12. After reasonable investigation, this answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as set forth in Paragraph 12 of the Joinder Complaint and therefore denies same, and strict proof is demanded at the time of trial. 13. Denied. Legal conclusion. 14. The averments in this Paragraph are directed toward another party, and therefore, no answer is required of this answering Defendant. 15. The averments in this Paragraph are directed toward another party, and therefore, no answer is required of this answering Defendant. 16. The averments in this Paragraph are directed toward another party, and therefore, no answer is required of this answering Defendant. 17. The averments in this Paragraph are directed toward another party, and therefore, no answer is required of this answering Defendant. 18. The averments in this Paragraph are directed to other parties, and therefore, no answer is required of this answering Defendant. 19. Denied. Defendant specifically denies each and every allegation as set forth in Paragraph 19 of Defendant / Third-party Plaintiff's Joinder Complaint. 20. Denied. Legal conclusion. 21. The averments in this Paragraph are directed toward another party, and therefore, no answer is required of this answering Defendant. 22. Denied. Legal conclusion. 23. Denied. Legal conclusion. 24. Denied. Legal conclusion. WHEREFORE, Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., demands judgment in its favor and against Defendant / Third-party Plaintiff, together with costs of suit. NEW MATTER 25. Defendant / Third-party Plaintiff has failed to set forth a cause of action upon which relief may be granted. 26. This answering Defendant did not owe any duty to the Third-party Plaintiff. 27. Any and all damages or injuries complained of were proximately caused by the intervening and superseding acts of persons and/or entities other than this answering Defendant. WHEREFORE, Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., demands judgment in its favor and against Defendant / Third-party Plaintiff, together with costs of suit. NEW MATTER DIRECTED TO PLAINTIFFS 28. Plaintiffs' Complaint fails to state a cause of action against this answering Defendant upon which relief may be granted. 29. Plaintiffs have failed to join necessary and indispensable parties to this litigation. 30. Defendant states that if the Plaintiffs sustained any damage or injury, such damage or injury was directly and proximately caused by the negligence of persons other than this answering Defendant. 31. This answering Defendant states that if the Plaintiff sustained any damage or injury, such damage or injury was directly and proximately caused or contributed to by the negligence of the Plaintiff in failing to exercise ordinary care for her own safety under the existing circumstances. 32. Plaintiff's failure to exercise ordinary care for her own safety, caused or contributed to causing the alleged injury or damage of which Plaintiffs' Complaint, and therefore, Plaintiff's claims against this answering Defendant are barred, or in the alternative, must be diminished by an amount that is proportionately equal to Plaintiff's percentage of negligence. 33. Any and all damages or injuries complained of were proximately caused by the intervening and superseding acts or persons and/or entities other than this answering Defendant. 34. Plaintiff has failed to mitigate her damages. WHEREFORE, Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., demands judgment in its favor and against the Plaintiffs, together with costs of suit. NEW MATTER PURSUANT TO Pa. R.C.P 2252 (d) DIRECTED TO DEFENDANTS CRABTREE, ROHRBAUGH & ASSOCIATES. PENNSYLVANIA STATE EDUCATION ASSOCIATION. AHOLD USA. INC.. GIANT FOOD STORES INC AMES CONSTRUCTION, INC., GARY WOLFE individually WOI FE ROOFING AND SHEET METAL. INC.. WOLFE ROOFING AND WILFY ROOFING 35. This answering Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., hereby incorporates by reference all well-pleaded averments and causes of action as stated by Plaintiffs and Defendant / Third-party Plaintiff in their Complaints. This answering Defendant denies all averments of liability, but if upon adjudication of Plaintiffs' and/or Defendant / Third-party Plaintiff's cause of action it is judicially determined that said Defendant is liable to the Plaintiffs and/or Defendant / Third-party Plaintiff, said liability being expressly denied, then said liability would have been caused or contributed to by the negligence, carelessness, and/or reckless of Co-defendants, Crabtree, Rohrbaugh & Associates, Pennsylvania State Education Association, Ahold USA, Inc., Giant Food Stores, Inc., Ames Construction, Inc., Gary Wolfe, individually, Wolfe Roofing And Sheet Metal, Inc., Wolfe Roofing and Wiley Roofing, for which claim is hereby made for contribution and/or indemnity. 36. As the direct and proximate result of the foregoing, Co-defendants, Crabtree, Rohrbaugh & Associates, Pennsylvania State Education Association, Ahold USA, Inc., Giant Food Stores, Inc., Ames Construction, Inc., Gary Wolfe, individually, Wolfe Roofing And Sheet Metal, Inc., Wolfe Roofing and Wiley Roofing, are alone liable to the Plaintiffs, or liable over to this answering Defendant, or jointly or severally liable to the Plaintiffs. WHEREFORE, Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., demands indemnity and/or contribution as the Court may deem appropriate in its favor and against Co-defendants, Crabtree, Rohrbaugh & Associates, Pennsylvania State Education Association, Ahold USA, Inc., Giant Food Stores, Inc., Ames Construction, Inc., Gary Wolfe, individually, Wolfe Roofing And Sheet Metal, Inc., Wolfe Roofing and Wiley Roofing, and demands that said Co-defendants be found solely liable to the Plaintiffs, jointly and severally liable with this answering Defendant, or liable over to this answering Defendant as in contribution and/or indemnity. Date: 44" By: ' Donald M. sseyn, Es uire Attorney for Defendant VERIFICATION I, Jackie Eakin , who is, Regional Asset Manager of Crossgates Management, Inc., a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer to Joinder Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Name: Jackie Eakin CERTIFICATE OF SERVICE AND NOW, this 1.3R day of uaey 2000, I, Donald M. Desseyn, Esquire, Attorney for Defendant, Crossgates Management, Inc., improperly identified as Crossgates, Inc., hereby certify that I served a copy of the within Answer, New Matter, and New Matter Pursuant to Rule 2252 (d) to Joinder Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: David L. Lutz, Esquire Angino & Rovner Attorney for Plaintiffs 4503 North Front Street Harrisburg, PA 17110-1708 Thomas J. Weber, Esquire Goldberg, Katzman & Shipman, P.C. Attorney for Crabtree, Rohrbaugh & Associates 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 John Flounlacker, Esquire Thomas, Thomas, & Hafer, LLP Attorney forAmes Construction, Inc. 305 N. Front Street Harrisburg, PA 17110 Date: e 3 Donald M. Lewis, III, Esquire Keefer, Wood, Allen & Rahal, LLP Attorney for Pennsylvania State Education Association 210 Walnut Street Harrisburg, PA 17101 George B. Faller, Jr., Esquire Manson, Deardorff, Williams & Otto Attorney forAhold USA, Inc. and Giant Food Stores, Inc. 10 E. High Street Carlisle, PA 17013 Gary Wolfe, Wolfe Roofing & Sheet Metal, Inc., Wolfe Roofing, and Wiley Roofing 3915 Pottsville Pike Reading, PA 19612-4834 By: ??? Donald M.'Desseyn, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 69179 ,. V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING, Additional Defendants CIVIL ACTION -LAW NO. 99-4682 Civil JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO ADDITIONAL DEFENDANT CROSSGATES' NEW MATTER 28. through 34. Additional Defendant Crossgates Management, Inc., has failed to set forth factual allegations that require the Plaintiffs to admit and/or deny said allegations. The factual allegations contained in the Plaintiffs' Complaint are incorporated herein by reference. WHEREFORE, the Plaintiffs respectfully request that Additional Defendant Crossgates Management, Inc.'s New Matter be dismissed. ANGINO & ROVNER, P.C. Date: a David L. Lu z I.D. No. 35956 4503 N. Front Street Harrisburg, PA 171 K (717) 238-6791 Attorney for Plaintiffs 208734.HDLL\M*FG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that 1 am this day serving a true and correct copy of PLAINTIFFS' REPLY TO ADDITIONAL DEFENDANT CROSSGATES' NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas Weber, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attomey for Defendant John Flounlacker, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Additional Defendant, Ames Construction, Inc. George Faller, Esquire Ten East High Street Carlisle, PA 17013 Attorney for Additional Defendants, Ahold U.S.A., Inc., and Giant Food Stores, Inc. Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 Attorney for Additional Defendant, Crossgates, Inc. Pennsylvania State Education Association 400 North Third Street, P.O. Box 1724 Harrisburg, PA 17105 2087341 a)HAM'r(i Mr. Gary Wolfe Wolfe Roofing & Sheet Metal, Inc. Wolfe Roofing & Wiley Roofing 3915 Pottsville Pike Reading, PA 19612-4834 l aa Mary . (?e ets Dated: (p''?G .? 208734. nDLLWTG a) u?r? LLO Z U` r ? l ci - ? ran _ ?itl H CY. ]LU d ? CD Z) O 0 GOLDBERG. KA771MH S SHIPMAN, P.C. Thomas J. Weber, Esquire - I.D. 058857 Attorneys for Defendant 320 Market Street P. O. Boa 1268 Harrisburg, PA 17108.1268 (717) 234.4161 KELLI AND BRUCE MULL, IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 99-4682 Civil CRABTREE, ROHRBAUGH & ASSOCIATES, JURY TRIAL DEMANDED Defendant and PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC. and AMES CONSTRUCTION, INC., Additional Defendants GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING and WILEY ROOFING, Additional Defendants 25-26. The averments contained in paragraphs 25 through 26 of Additional Defendant's New Matter constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. WHEREFORE, Defendant Crabtree, Rohrbaugh &Associates, Inc., requestsjudgment in its favor and against additional defendant Crossgates, Inc. Respectfully submitted, GO 8 G, KATZMAN & SHI MAN, P.C. 1 nomas j. weDer, -squire Supr. I.D. #58853 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant Crabtree, Rohrbaugh & Associates, Inc. Date: March 15, 2000 CERTIFICATE OF SERVICE I hereby certify that I am this date serving a copy of the foregoing document upon the person(s) and in the manner Indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 Gary Wolfe Wolfe Roofing and Sheet Metal, Wolfe Roofing, Inc. and Wiley Roofing 3915 Pottsville Pike Reading, PA 19612-4834 George Faller, Esquire Martson, Deardorff, Williams and Otto 10 East High Street Carlisle, PA 17013 John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108-0999 Donald M. Lewis, III, Esquire Inc. Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street Harrisburg, PA 17101 GOLD//BERG, KATZMAN & SHIPMAN, P.C. By: Thomas J. Weber, Esquire Attorney I.D. #58853 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Third Party Plaintiff Crabtree, Rohrbaugh & Associates Dated: March 15, 2000 40885.1 0 S ^? 4T 4 Q g ? i •'t I- I i LAW OFFICES OF RALPH F. TOUCH Raymond A. Swan, Esquire Any. I.D. No. 42169 401 Penn Street, Suite 100 Reading, PA 19601 (610) 320-4780 Fax(610)320-4787 Attorney for Additional Defendants, Gary Wolfe, individually, Wolf Roofing & Sheet Metal, Inc., Wolfe Roofing & Wiley Roofing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kelli and Bruce Mull, Plaintiffs CIVIL DIVISION NO. 99-4682 Civil V. Crabtree, Rohrbaugh & Associates Defendant V. Pennsylvania State Education Association, Ahold U.S.A., Inc., Giant Food Store, Inc., Crossgates, Inc., and Ames Construction, Inc. Additional Defendants V. Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing and Wiley Roofing Additional Defendants NOTICE TO PLEAD To: Plaintiff You are hereby notified to file a written response to the enclosed New Matter within wenty (20) days from se ce hereg,f or ajudgment maAe a eyed against ?ymb . Swan, Esquie ttome f rAdditional al Dotendants, ary Wo fe, individually, Wolfe Roofing & Sheet Metal, Inc., Wolfe Roofing & Wiley Roofing LAW OFFICES OF RALPH F. TOUCH Raymond A. Swan, Esquire Atty. I.D. No. 42169 401 Penn Street, Suite 100 Reading, PA 19601 (610) 320-4780 Fax(610)320-4787 Attorney for Additional Defendants, Gary Wolfe, individually, Wolf Roofing & Sheet Metal, Inc., Wolfe Roofing & Wiley Roofing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kelli and Bruce Mull, Plaintiffs CIVIL DIVISION NO. 99-4682 Civil V. Crabtree, Rohrbaugh & Associates Defendant V. Pennsylvania State Education Association, Ahold U.S.A., Inc., Giant Food Store, Inc., Crossgates, Inc., and Ames Construction, Inc. Additional Defendants V. Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing and Wiley Roofing Additional Defendants WILEY ROOFING'S ANSWER TO ADDITIONAL DEFENDANT AMES CONSTRUCTION'S JOINDER COMPLAINT AND NOW, comes the Additional Defendants, Gary Wolfe, individually, Wolfe Roofing & Sheet Metal, Inc., Wolfe Roofing & Wiley Roofing, by and through their attomey, Raymond A. Swan, Esquire, and answers the Additional Defendant, Ames Construction, Inc.'s Joinder Complaint as follows: Admitted upon information and belief. 2. Admitted. Admitted. 4. Admitted. 5. Admitted upon information and belief. 6. Admitted. Admitted upon information and belief. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. 12. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. 13. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. 14. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. 15. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied. WHEREFORE, Answering Defendants, Gary Wolfe, individually, Wolfe Roofing & Sheet Metal, Inc., Wolfe Roofing & Wiley Roofing, demand judgment be entered in their favor and against Additional Defendant, Ames Construction, Inc., and thus prays that Additional Defendant, Ames Construction, Inc. Joinder Complaint be dismissed with prejudice. Respectfully submitted, LAW OFFICES OF RALPH F. Attorney fo Additional D/ Pendants, G Wo e, individually, Wolfe Roofing & Sheet Metal, Inc., Wolfe Roofing & Wiley Roofing CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the foregoing Additional Defendants Answer to Joinder Complaint upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: By first-class mail no•taae orenaid David L. Lutz, Esquire Antino and Rovner 4503 North Front Street Harrisburg, PA 17110 (Attorney for Flaintf John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (Attorney for Additional Defendant, Ames Construction, Inc) Thomas J. Weber, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Crabtree, Rohrbaugh & Associates) George Galler, Esquire Martson, Deardorff, Williams and Otto 10 E. High Street Carlisle, PA 17013 (Attorney for Ahold and Giant Food Stores) Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louse Dr., Suite 103 Mechanicsburg, PA 17055 (Attorney for Crossgates, Inc.) Dated: April 6, 2000 f mo . Swan, Esquire le f r Additional Defendants, e, individually, Wolfe Roofing & et Metal, Inc., Wolfe Roofing & Wiley Roofing 100300023/ Swan VERIFICATION The undersigned, being duly swom according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said party or parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 PA C.S.A. SECTION 4904 relating to unsworn falsification to authorities. The Verification of the attorney is being attached hereto because the Verification of the Defendants cannot be obtained in the time allowed for filing of the subject pleading with the Court. The executed Verification of the Defendants will be filed as soon as it is obtained. Date: April 7, 2000 cJ ') A LAW OFFICES OF RALPH F. TOUCH Raymond A. Swan, Esquire Atty. I.D. No. 42169 401 Penn Street, Suite 100 Reading, PA 19601 (610) 320-4780 Fax(610)320-4787 Attorney for Additional Defendants, Gary Wolfe, individually, Wolf Roofing & Sheet Metal, Inc., Wolfe Roofing & Wiley Roofing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kelli and Bruce Mull, Plaintiffs V. Crabtree, Rohrbaugh & Associates Defendant V. Pennsylvania State Education Association, Ahold U.S.A., Inc., Giant Food Store, Inc., Crossgates, Inc., and Ames Construction, Inc. Additional Defendants V. Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing and Wiley Roofing Additional Defendants CIVIL DIVISION NO. 99-4682 Civil ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-entitled matter on Sheet Metal, Inc., Wolfe Roofing and wiley Roofing. Dated: April 7, 2000 Swan, Esq Defendants and JURY TRIAL DEMANDED PANEL OF TWELVE JURORS REQUESTED CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the foregoing ENTRY OF APPEARANCE upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: By first-class mail, postage prepaid David L. Lutz, Esquire Antino and Rovner 4503 North Front Street Harrisburg, PA 17110 (Attorney for Plaintifn John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (Attorney for Additional Defendant, Ames Construction, Inc) Thomas J. Weber, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Crabtree, Rohrbaugh & Associates) George Caller, Esquire Martson, Deardorff, Williams and Otto 10 E. High Street Carlisle, PA 17013 (Attorney for Ahold and Giant Food Stores) Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louse Dr., Suite 103 Mechanicsburg, PA 17055 (AttorneyforCrossgates, Inc.) Dated: Swan, G#y WoIW individually, Wolfe Roofing & Sheet Metal, Inc., Wolfe Roofing & Wiley Roofing •, LAW OFFICES OF RALPH F. TOUCH Raymond A. Swan, Esquire Atty. I.D. No. 42169 401 Penn Street, Suite 100 Reading, PA 19601 (610) 320-4780 Fax (610) 320-4787 Kelli and Bruce Mull, Attorney for Additional Defendants, Gary Wolfe, individually, Wolf Roofing & Sheet Metal, Inc., Wolfe. Roofing & Wiley Roofing IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. Crabtree, Rohrbaugh & Associates Defendant V. Pennsylvania State Education Association, Ahold U.S.A., Inc., Giant Food Store, Inc., Crossgates, Inc., and Ames Construction, Inc. Additional Defendants V. Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing and Wiley Roofing Additional Defendants CIVIL DIVISION NO. 99-4682 Civil ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-entitled matter on behalf of the Additional Defendant, Gary Wolfe, individually. Dated: April 13, 2000 Ray nd A. Swan, Esquire Attorney for Additional Defendants Gary Wolfe, individually, Wolfe Roofing and Sheet Metal, Inc., Wolfe Roofing and Wiley Roofing CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the foregoing ENTRY OF APPEARANCE upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: By first-class mail, postage prepaid: David L. Lutz, Esquire Antino and Rovner 4503 North Front Street Harrisburg, PA 17110 (Attorney for Plaintif g John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (Attorney for Additional Defendant, Ames Construction, Inc) Thomas J. Weber, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Crabtree, Rohrbaugh & Associates) George Galler, Esquire Martson, Deardorff, Williams and Otto 10 E. High Street Carlisle, PA 17013 (Attorney for Ahold and Giant Food Storer) Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louse Dr., Suite 103 Mechanicsburg, PA 17055 (Attorney for Crossgates, Inc.) Dated: April 13, 2000 Raymond A. Swan, Esquire Attorney for Additional Defendants, Gary Wolfe, individually, Wolfe Roofing & Sheet Metal, Inc., Wolfe Roofing & Wiley Roofing i R ?1 W C? 8 ¢ o N q tl 2 q 6 4 ¢ O ? O m ¢ ? p b v O ¢ ¢ ? z ¢ n ? m 0 KELLI AND BRUCE MULL, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant CIVIL ACTION - LAW NO.: 99-4682 CIVIL V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants JURY TRIAL DEMANDED ADDITIONAL DEFENDANT, AMES CONSTRUCTION, INC.'S, ANSWER TO ADDITIONAL DEFENDANT CROSSGATE, INC'S NEW MATTER PURSUANT TO Pa.R.C.P. 2252 (d) AND NOW ONTO COURT, through undersigned counsel, comes the Additional Defendant, Ames Construction, Inc., who, in Answer to the New Matter pursuant to Pa.R.C.P. 2252 (d) of Additional Defendant, Crossgate, Inc., respectfully represents that: 35-36. Answering Additional Defendant submits that the allegations contained with paragraphs 35 and 36 of Additional Defendant Crossgate, Inc. improperly identified as Crossgates, Inc. amount to legal conclusions which require no Answer. Where an Answer is deemed to be required, after reasonable investigation, Answering Defendant lacks information or knowledge sufficient to form a belief as to the truth of the averments contained in this paragraph and same are therefore denied, strict proof being demanded at trial, if relevant. Wherefore, Additional Defendant, Ames Construction, Inc., respectfully requests that the Plaintiffs' Complaint be dismissed, at the costs of the Plaintiffs, or in the alternative, judgment be entered it its favor and against all other parties. Date: THOMAS, THOMAS & HAFER, LLP 2L John lounlacker, Esquire Attorney I.D. # 73112 P.O. Box 999 305 N. Front Street Harrisburg, PA 17108-0999 (717)237-7125 CERTIFICATE OF SERVICE 1. Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louse Dr. Suite 103 Mechanicsburg, PA 17055 Attorney for Crossgates, Inc. Thomas J. Weber, Esquire GOLDBERG, KATZMAN, et al. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Crabtree George Faller, Esquire Martson, Deardorff, Williams and Otto 10 E. High Street Carlisle, PA 17013 Attorney for Ahold/Giant Food Stores Dated: yf/.3lDu Donald M. Lewis, III, Esquire Keefer, Wood, et al. 210 Walnut Street Harrisburg, PA 17101 Attorney for PSEA Raymond A. Swan, Esquire 401 Penn Street, Suite 100 Reading, PA 19601 Attorney for Additional Defendants THOMAS, THOMAS & HAFER, LLP 2n- eannie L. Kawalec John Flounlacker, Esquire Thomas, Thomas & Hater, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108.0999 (717)237.7125 KELLI AND BRUCE MULL, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants V. CIVIL ACTION - LAW NO.: 99-4682 CIVIL JURY TRIAL DEMANDED GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Additional Defendant, Scott Stoner, intends to serve a subpoenas identical to the ones that are 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 will be served. THOMAS, THOMAS S & HAFER-----??66?- Date: Augusl 22, 2000 fly C ! IOI'i FLOUNLACKFR, ESQUIRE Attorney for Additional Defendant Antes Construction, Inc. d?•4? John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237.7125 KELLI AND BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 99-4682 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 22nd day of August, 2000, I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Thomas J. Weber, Esquire GOLDBERG, KATZMAN, at al. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Crabtree George Faller, Esquire Martson, Deardorff, Williams and Otto 10 E. High Street Carlisle, PA 17013 Attorney for Ahold/Giant Food Stores Donald M. Desseyn, Esquire Berton & Timmel 4999 Louse Dr. Suite 103 Mechanicsburg, PA 17055 Attorney for Crossgates, Inc. Date: August 22, 2000 Donald M. Lewis, III, Esquire Keefer, Wood, at al. 210 Walnut Street Harrisburg, PA 17101 Attorney for PSEA Raymond A. Swan, Esquire 401 Penn Street, Suite 100 Reading, PA 19601 Attorney for Additional Defendants THOMAS, THOMAS & HAFER, LLP Barbara A. Onorato Legal Assistant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION -LAW CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant NO.: 99-4682 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital (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 any and all records reports and diagnostic studies regarding treatment rendered to kelli Mull, d/oft 12/21/68, ssn: 211647938 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 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 71117 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION - LAW CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant NO.: 99-4682 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THIN FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Harrisburg Hospital (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: .. .. .. .. rendered to kelli Mull d/o/b' 12111/68 ssn' 2i l 'J r 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 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION - LAW CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant NO.: 99-4682 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Good Hope Family Physicians (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 any and all records reports and diagnostic t di regarding treatmen rendered to kelli Mull d/olb• 12121/68 ssn• 211647938 at: Thomas Thomas & Hafer LIP 305 N Front St., P O Box Harrich ra Po 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION - LAW CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant NO.: 99-4682 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Silver Spring Ambulance (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 any and all records reports and diagnostic studies regarding treatment rendered to Kelli Mull. d/o/b: 12/21/68. ssn: 211647938. date of service: 12121/99 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 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION -LAW CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant NO.: 994682 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, West Shore EMS (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 any and all records reports and diagnostic studies regarding treatment rendered to Kelli Mull, d/o/b: 12/21/68. ssn: 211647938, date of service: 12/21/99 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 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION -LAW CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant NO.: 99-4682 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Dr. Richard Tenser (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: (Molt copies of any and all records reports and diagnoctir cr laps regarding treatment rendered to kelli Mull d/o/b• 12/21/68, n• 211647938 at: Thomas Thomas & Hafer. P 305 N Front St P.O. Box 999 u 'churq po 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) ti - -- ?.? ?: ?- - ?, ,:,; ' ?_: ; " , ?> ?,, i ?. cS ?' ,,, _ ._ ?J SHERIFF'S RETURN - OUT OF COUNTY -CASE NO: 1999-04682 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MULL KELLI ET AL VS. CRABTREE ROHRBAUGH & ASSOC R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: CRABTREE ROHRBAUGH & ASSOCIATES but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On August 25th, 1999 this office was in receipt of the attached return from DAUPHIN County, Pennsylvania. Sheriff's Costs: So answer Docketing 18.00 Out of County 8.00 Surcharge 9.00 RTI omaiY?Tine, - 5 eri Dep. Dauphin Co 29.25 $64.25 0 GINO & ROVNER 8/25/1999 Sworn and subscribed to before me this ?S day of 19 QC) A. D. C144, , 3?to Tiono azy In The Court of Common Pleas of Cumberland County, Pennsylvania Kelli & Bruce W1 Crabtree, Rohrbaugh & Associates No. 99-4682 Civil Now, 8/4/99 hereby deputize the Sheriff of 19__, I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ii Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this _ day of 19 19_, at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA office Of Man' Jane Studer Ralph G. McAllister Real Estate Deputy Chiel'Mputy William T. Tully Michael W. Rinehart Solicitor Assistant Cluer Deputy Dauphin County Harrisburg. Pennsylvania 17101 ph:(717)255.2660 rux:(717)255.2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MULL KELLI & BRUCE Vs County of Dauphin CRABTREE ROHRBAUGH & ASSOCIATES Sheriff's Return No. 1655-T - - -1999 OTHER COUNTY NO. 99-9682 AND NOW: August 9, 1999 at 1:25PM served the within NOTICE & COMPLAINT IN CIVIL ACTION CRABTREE ROHRBAUGH & ASSOCIATES to MEAGAN ROHRBAUGH (REC) of the original NOTICE & COMPLP. to him/her the contents thereof at upon by personally handing 1 true attested copy(ies) INT IN CIVIL ACTION and making known 20 NORTH MARKET SQUARE HARRISBURG, PA 17110-0000 Sworn and subscribed to before me this 12TH day of AUGUST, 1999 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. , C15 By 20a,4,?V- Deputy Sheriff Sheriff's Costs: 629.25 PD 08/06/1999 RCPT NO 126737 RH KELLI AND BRUCE MULL V. CRABTREE,ROHRBAUGH AND ASSOCIATES V. PENNSYLVANIA STATE EDUCATION ASSN., AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES,: INC. AND AMES CONSTRUCTION, INC. V. GARY WOLFE, WOLFE ROOFING, et al. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4682 CIVIL IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, October 2, 2000, the Court having been informed that the above- captioned action has been settled, the panel of arbitrators previously appointed is vacated. By the Court, Court Administrator Fred Hait, Esquire, Chairman Douglas Miller, Esquire Susan Hartman, Esquire Ge g . Hoffer, P.J. oO h -r -= -;:, ' -? ? ?.- - _ _ C_' ``-? C ?? . J ?-? ?.? John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7125 KELLI AND BRUCE MULL, : IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant NO.: 99-4682 CIVIL V. JURY TRIAL DEMANDED PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS DISCOVERY. PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) A notice of intent to serve the subpoena with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate. (3) David Lutz, Attorney for the Plaintiff, has waived the twenty day rule. 4) The subpoenas which will be served are identical to the subpoena which are attached to the notice of intent to serve the subpoena. THOMAS, THOMAS & HAFER LLP Date: August 29, 2000 By: JOHN FLOUNLACKER, ESQUIRE Attorney for Additional Defendant Ames Construction, Inc. John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108.0999 (717)237-7125 KELLI AND BRUCE MULL, : IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant CIVIL ACTION - LAW NO.: 99-4682 CIVIL V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants V. JURY TRIAL DEMANDED GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants CERTIFICATE OF SERVICE AND NOW, this 29th day of August, 2000, I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Thomas J. Weber, Esquire GOLDBERG, KATZMAN, et al. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Crabtree George Faller, Esquire Martson, Deardorff, Williams and Otto 10 E. High Street Carlisle, PA 17013 Attorney for Ahold/Giant Food Stores Donald M. Desseyn, Esquire Berton & Timmel 4999 Louse Dr. Suite 103 Mechanicsburg, PA 17055 Attorney for Crossgates, Inc. Date: August 29, 2000 Donald M. Lewis, III, Esquire Keefer, Wood, et al. 210 Walnut Street Harrisburg, PA 17101 Attorney for PSEA Raymond A. Swan, Esquire 401 Penn Street, Suite 100 Reading, PA 19601 Attorney for Additional Defendants THOMAS, THOMAS & HAFER, LLP Bar ara A. Onorato Legal Assistant Jahn Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17109.0999 (717)237-7125 KELLI AND BRUCE MULL, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant CIVIL ACTION - LAW NO.: 99-4682 CIVIL V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants v. r, c' JURY TRIAL DEMANDED T GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Additional Defendant, Scott Stoner, intends to serve a subpoenas identical to the ones that are 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 will be served. THOMAS, THOM S & HAFER L Date: August 22, 2000 JO FLOUNLACKER, ESQUIRE Attorney for Additional Defendant Ames Construction, Inc. John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP . 305 N. Front Street P.O. Box 990 Harrisburg, PA 17108.0999 (717)237-7175 KELLI AND BRUCE MULL, IN THE COURT OF COMMON PLEAS Plaintiffs :CUMBERLAND COUNTY, PENNSYLVANIA V. CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant CIVIL ACTION - LAW NO.: 99-4682 CIVIL V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC. Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL INC., WOLFE ROOFING AND WILEY ROOFING Additional Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 22nd day of August, 2000, I, BARBARA A. ONORATO, a paralegal in the law firm of Thomas, Thomas & Hafer LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: David L. Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110-1708 Attorney for Plaintiff Thomas J. Weber, Esquire GOLDBERG, KATZMAN, at al. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attomey for Crabtree George Faller, Esquire Martson, Deardorff, Williams and Otto 10 E. High Street Carlisle, PA 17013 Attorney for Ahold/Giant Food Stores Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louse Dr. Suite 103 Mechanicsburg, PA 17055 Attorney for Crossgates,Inc. Date: August 22, 2000 Donald M. Lewis, III, Esquire Keefer, Wood, et al. 210 Walnut Street Harrisburg, PA 17101 Attorney for PSEA Raymond A. Swan, Esquire 401 Penn Street, Suite 100 Reading, PA 19601 Attorney for Additional Defendants THOMAS, THOMAS & HAFER, LLP Barbara A. Onorato Legal Assistant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION -LAW CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant NO.: 99-4682 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSI IANT TO RULE 4009.22 TO: Custodian of Records, Holy Spirit Hospital (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 any and all records reports and diagno ti r d' regarding treatmen [eadered to kelll MUII d/oL 12/21/68 sw 21164793 8 at: Thomas Thomas & Hafer. P 705 N Front St., P n a 999, Ham burg pn 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 parry 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 court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108.0999 TELEPHONE: (717) 237.7141 SUPREME COURT ID#: 71117 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION - LAW CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant NO,: 99.4882 CIVIL $_ UBPOENA TO PRODUCE DOCUMENTS OR THIN FOR DISCOVERY PURSUANT TO RULE 4009.9? TO: Custodian of Records, Harrisburg Hospital (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 any and all records reports and diagnostic cttdiea regarding treatment [endered to kelli Mull d/o/b• 12/21/68, n 211647938 at: Thomas Thomas & Hafer. 1 I a 905 N Front t - O Box q Harrich L9 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) KELLI AND BRUCE MULL, Plaintiffs COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND V. CRABTREE, ROHRBAUGH 8 CIVIL ACTION -LAW ASSOCIATES, Defendant NO.: 994682 CIVIL SUBPOENA TO ERODUCE DO MFMTS OR THINGS FOR DISCOVERY P R ANT RULE 400922 TO: Custodian of Records, Good Hope Family Physicians (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: Q=Dlete cooi . of any and all records, re QEJE nd diagno ti ct di rea r t g treatment rendered to kelp Mull. d/o/b• 1 / 1/68. 55131 1164793A at: Thomas Thomas & Hafer I I p 405 N c r e P O Bnx 999 Par churn PA 171n8- 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION -LAW CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant NO.: 994882 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Silver Spring Ambulance (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 any and all records reports and diagnostic studies regarding treatment rendered to Kelli Mull d/o/b• 12/21168 55n• 211647938 date of service: 12/21199 at: Thomas, Thomas & Hafer. LLP 305 N Front St ED, Box 999, Harrisburg PA 17108- 0999 (Address) You may deliver or mail legible copies or 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) KELLI AND BRUCE MULL, Plaintiffs COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND V. CIVIL ACTION -LAW CRABTREE,ROHRBAUGH & ASSOCIATES, Defendant NO.: 994682 CIVIL SUBPOENA TO PRODUCE DO . Iti'!FNTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009,29 TO: Custodian of Records, West Shore EMS (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: at: Thomas Thoma & Hafer. P 0 N Front 1 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 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 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: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KELLI AND BRUCE MULL, Plaintiffs V. CIVIL ACTION - LAW CRABTREE, ROHRBAUGH & ASSOCIATES, Defendant NO.: 994682 CIVIL SUBPOENA TO e[RODUCrm DO d^ NT OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009 99 TO: Custodian of Records, Dr. Richard Tenser (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: at: Thomas Thomas & Haf r P 0 N Front St.. P n Box 999, F rrichirrg pA 17108 4999 (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 parry 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 court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John Flounlacker, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7141 SUPREME COURT ID#: 73112 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy (4/97) .,, ? . ' ._ , . -- ?• i :, ? - ?? .? U KELLI and BRUCE MULL, Plaintiffs V. CRABTREE, ROHRBAUG14 & ASSOCIATES, Defendant V. PENNSYLVANIA STATE EDUCATION ASSOCIATION, AHOLD U.S.A., INC., GIANT FOOD STORE, INC., CROSSGATES, INC., and AMES CONSTRUCTION, INC., Additional Defendants V. GARY WOLFE, individually, WOLFE ROOFING AND SHEET METAL, INC., WOLFE ROOFING AND WILEY ROOFING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW NO. 99-4682 Civil JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. C?_*_ David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Date: Attorney for Plaintiff 2047e5.noi.i.\M'rc ORIGINAL CERTIFICATE OF SERVICE 1, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PRAECIPE upon all counsel of record via postage prepaid first class United States mail addressed as follows: Thomas Weber, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for Defendant John Flounlacker, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorney for Additional Defendant, Ames Construction, Inc. George Faller, Esquire Ten East High Street Carlisle, PA 17013 Attorney for Additional Defendants, Ahold U.S.A., Inc., and Giant Food Stores, Inc. Donald M. Desseyn, Esquire Berlon & Timmel 4999 Louise Dr., Suite 103 Mechanicsburg, PA 17055 Attorney for Additional Defendant, Crossgates, Inc. Pennsylvania State Education Association 400 North Third Street, P.O. Box 1724 Harrisburg, PA 17105 204765.1\DL1.\MM Raymond A. Swan, Esquire 401 Penn Street, Suite 100 Reading, PA 19601 Attorney for Additional Defendants Gary Wolfe, Wolfe Roofing and Sheet Metal, Inc., and Wolfe Roofing and Wiley Roofing Dated: I ?' O ' w Mary T, Geraets 204765.1\DLL\M'fG I I I