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Home My WebLink About01-6185KATHY DELGRANDE, Plaintiff, V. VALLEY QUARRIES, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned matter, on Defendant Valley Quarries, Inc. 297 Quarry Road, Shippensburg, Franklin County, PA 17201. I.D. 36513 4503 N. Front Stxeet Harrisburg, PA 17110 (717) 238-6791 Attorneys for Plaintiff DATED: Commonwealth of Pennsylvania County of Cumberland KATHY DELGRANDE VALLEY QUARRIES, INC. 297 QUARRY ROAD SHIPPElqSBURG, FRANKLIN COUNTY, PA 17201 Court of Conmaou Pleas No. 01-6185 Civil Tezm 19 .... In Civil Action - Law You are hereby notified that Kathy Delgrande the Plaintiff has commenced an action in ............. _C_i_yi_l_.A__c_t_i_o_n__r___~__w ...................... against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date- _ _ _O~_ _t_o_ _b~_ _r_. 2_ _9, _ _2_0_ _0_1_ ....... 19 .... Curtis R. Long Prothono~ry SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06185 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DELGRANDE KATHY VS VALLEY QUARRIES INC R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDANT , to wit: VALLEY QUARRIES INC but was unable to locate Them in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and He therefore Pennsylvania, to On December 6th 2001 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co 18.00 9.00 10.00 24.90 .00 61.90 12/06/2001 ANGINO & ROVNER Sworn and subscribed to before me this /3~ day of ~ A.D. Prothonotary' In The Court of Common Pleas of Cumberland County, Pennsylvania Kathy Delgrande VS. Valley Quarries Inc SERVE: s~e NO. 01 6185 civil Now, October 30 ,20 01 , I, SHERIFF OF CLrMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Frankl±n County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Affidavit of Service NOW, within ,20__, at o'clock __ M. served the upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFDAVIT County, PA SHERIFF'S RETURN - REGULAR CASE NO: 2001-61850 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF~ KATHY DELGR3kNDE VS VALLEY QUARRIES JOHN RIDGE - DEPUTY , Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within PP~AE WRIT SUMMONS was served upon VALLEY QUARRIES INC the DEFENDANT , at 0858:00 Hour, on the 19th day of November at 297 QUARRY ROAD 2001 CHAMBERSBURG, PA 17201 JOSEPH ZIMMERMAN CEO by handing to a true and attested copy of PRAE WRIT SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge .00 Mileage 2.90 24.90 Sworn and Subscribed to before me 's ~ day of ~/~V~ A.D. So Answers: JOHN .RIDGE - DEPLOY, DepUty Sheriff /26/200 ANGINO & R~VNER Pat~tda ,~ Notary Public ~mbembt :rankttn County My Ct,remission ~.^~.,_,~s Nov. 4, 2004 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (810) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendants CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ; NO.: 01-6185 : JURY TRIAL DEMANDED ENTRY OF APPEARANCE Kindly enter my appearance for Defendant, Valley Quarries, Inc., with offices located at Treeview Corporate Center, Suite 100, 2 Meridian Blvd., Wyomissing, Pennsylvania 19610, as the place within the County of Berks where papers, process and notices may be served. BINGAMAN, HESS, COBLENTZ & BELL, P.C. /^L Hah'~//l~). I~unigal, Esquire DATED: BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendants CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 01-6185 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONTARY OF CUMBERLAND COUNTY: Kindly enter a Rule on the Plaintiff to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non pros. BINGAMAN, HESS, COBLENTZ & BELL, P.C. HARleY D. ~.~MUNIGAL, ESQUIRE RULE AND NOW, this //'/~'~ day of"~_~'__._, 2001, a Rule is entered on the Plaintiffs to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non pros. DATE: KATHY DELGRANDE, Plaintiff, v. VALLEY QUARRIES, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-6185 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 alter 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. 1F 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 LAWYER'S REFERRAL SERVICE 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le ban demandado a usted en la eorte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiane viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar ana apariencia escfita 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 eorte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificaeion y pot cualquier queja o alivio que es pedido en la petition de demanda. Usted 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 I'LENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER'S REFERRAL SERVICE 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 236997.1 \~dVIMMLLC2 KATHY DELGRANDE, Plaintiff, VALLEY QUARRIES, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED COMPLAINT PlaintiffKathy Delgrande is an adult individual and citizen of the Commonwealth of Pennsylvania, who resides at 504 Brenton Street, Shippensburg, Pennsylvania. 2. Defendant Valley Quarries, Inc. (Valley Quarries), is a Pennsylvania Corporation licensed to do business in the Commonwealth of Pennsylvania, and has a mailing address of Box J, Charnbersburg, Pennsylvania. 3. The facts and occurrences hereinafter related took place on November 1, 1999, at approximately 11:50 p.m. on Route 81, southbound, in Penn Township, Cumberland County, Pennsylvania. 4. Interstate 81 in the area of the accident is a four-lane interstate highway with two northbound and two southbound lanes of travel. 5. At the time of the accident, the right southbound lane of Iterstate 81 was closed due to construction activities being performed by Defendant Valley Quarries. 6. Prior to the subject accident, a metal object was dropped in the left southbound lane of Iterstate 81 fi.om the bed of a motor vehicle owned, operated by an employee of Defendant Valley Quarries, Inc. and registered to Defendant Valley Quarries. 236997.1 \hMMMkLC2 7. Defendant Valley Quarries either knew or should have known that the metal object was deposited onto the roadway from its motor vehicle. 8. The aforementioned metal object obstructed the lefihand southbound lane of Iterstate 81 and was not readily visible due to the lighting conditions which existed. 9. Defendant Valley Quarries did not remove the metal object from the roadway. 10. At the time of the accident, Plaintiff Kathy Delgrande was a passenger of a 1989 Honda Accord operated by Judy Jump, traveling southbound in the lett southbound lane of Interstate 81. 11. The vehicle in which Kathy Delgrande was a passenger collided with the aforementioned metal object. 12. As a direct result of the subject accident, Plaintiff Kathy Delgrande suffered severe and painful injuries, including, but not limited to cervical and lumbar spine strain/sprain, with resulting headaches and back and neck pain. 13. The aforementioned accident and resulting injuries and damage sustained by PlalnfiffKathy Delgrande are the direct and proximate result of the negligent, careless, and reckless manner in which Defendant Valley Quarries and its employees loaded and secured the load in its motor vehicle and operated the motor vehicle including but not limited to the following: (a) Falling to conduct a proper and safe inspection of the load before moving on to a public highway; (b) Failing to properly load the motor vehicle so as to prevent its load from dropping onto the roadway in violation on the Pennsylvania Motor Vehicle Code; and 236997. I hMEK\LC2 (c) Failing to properly secure the load in the motor vehicle so as to prevent the load from dropping onto the highway in violation of the Pennsylvania Motor Vehicle Code; (d) Failing to close the tailgate or otherwise placing a barrier to prevent the load from falling off the back of the vehicle into the highway in violation of the Pennsylvania Motor Vehicle Code; (e) Depositing from the motor vehicle, a metal object upon the roadway, thereby creating a hazardous obstruction and endangering others on the roadway in violation of the Pennsylvania Motor Vehicle Code; (0 Failing to stop the motor vehicle when Defendant's employee knew or should have known that the object fell onto the highway creating a significant hazard for motorists operating on the highway; (g) Creating an obstruction in the highway in violation of the Pennsylvania Motor Vehicle Code; (h) Failing to warn other motorists of the hazard which was created in the highway; (i) Failing to take steps to protect other motorists or to alleviate the hazard which was created in the highway; (j) Failing to immediately remove the metal object deposited from Defendant's motor vehicle in violation of the Pennsylvania Motor Vehicle Code; and (k) Otherwise driving the vehicle with an unsecured load in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code. 14. By reason of the aforesaid injuries, Plaintiff Kathy Delgrande has been forced to incur liability for medical treatment, medication, hospitalizations and other similar and miscellaneous expenses in an effort to restore herself to health, and a claim is made therefor. 15. Because of the nature of these injuries, Plaintiff Kathy Delgrande has been advised and therefore avers that she may be forced to incur similar medical expenses in the future and a claim is made therefor. 236997. I'uMEK~LC2 16. As a result of the aforesaid injuries, Plaintiff Kathy Delgrande has undergone and in the future will continue to undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's life's pleasures and enjoyment, and claim is made therefor. 17. As a result of the aforementioned injuries and resulting pain, Kathy Delgrande has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 18. Plaintiff Kathy Delgrande cominues to be plagued by persistent pain and limitation and has been advised, 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. WHEREFORE, Plaintiff Kathy Delgrande demands judgment against Defendant Valley Quarries, Inc., in an amount in excess of Twenty-five Thousand Dollars ($25,000), exclusive of interest and costs and in excess of any jurisdictionai amount ~1~, P.C. el E. Kosik, Esquire I.D. No. 36513 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: 12/17/01 236997.1 ~MEK~LC2 _VERIFICATION I, KATHY DELGRANDE, do hereby swear and affirm that the facts set forth in the foregoing Complaint 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 the Rules of Civil Procedure relating to unswom falsification to authorities. Dated: /~7" Off CERTIFICATE OF SERVICE AND NOW, this 17th day of December, 2001, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a tme and correct copy of the COMPLAINT in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell Treeview Corporate Center 2 Meridian Blvd., Ste. 100 Wyomissing, PA 19610 Attorney for Defendants Michelle M. I~Iiloje,/ich 236997.1 hMEK~LC2 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISS1NG, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED PROOF OF SERVICE COUNTY OF BERKS COMMONWEALTH OF PENNA. SS. I, Malissa N. Young, hereby certify that a tree and correct copy of the foregoing Defendant's, Valley Quarries, Inc., Objections to PlaintiWs Interrogatories 18, 19, 29, 30 and 31 and Defendant's, Valley Quarries, Inc., Objections to Plaintiff's Requests 7 and 13, were served via United States first class mail, on January ~ , 2002 postage prepaid upon the following party(ies): Michael E. Kosik, Esquire ANG1NO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Sworn to and subscribed before me Malissa N. Yq/~g ~ '~- BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED PROOF OF SERVICE COUNTY OF BERKS COMMONWEALTH OF PENNA. SS. I, Malissa N. Young, hereby certify that a tree and correct copy of the foregoing Defendant's, Valley Quarries, Inc., Responses to Request for Production of Documents, were served via United States first class mail, on January .(~ 2002 postage prepaid upon the following party(ies): ' Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Sworn to and subscribed before me Malissa N. Y~ung ~ this ~ day of_~a-~)~ r,/ .,2002. Notary liublic BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISS1NG, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant CIVIL ACTION - LAW NO. 01-6185 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 Answer and New Matter 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 with only such further notice to you as may be required by law, for any money claimed in the Answer and New Matter or for any other claim or relief requested by the defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR 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 4th Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Telephone: 717-240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 1 of Plaintiff's Complaint and thc same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 2. Admitted. 3. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 3 of Plaintiff's Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 4. Admitted. 5. The allegations of paragraph 5 are deemed denied pursuant to Pa.R.C.P. 1029. 6. Admitted in part; denied in part. It is admitted that answering Defendant owned the motor vehicle referenced in paragraph 6 of this Complaint. It is further admitted that this vehicle was being operated by an employee of answering Defendant. It is further admitted that this vehicle was registered to answering Defendant. The allegations of paragraph 6 are deemed denied pursuant to Pa.R.C.P. 1029. 7. Admitted in part; denied in part. It is admitted that answering Defendant owned the referenced motor vehicle. The allegations of paragraph 7 are deemed denied pursuant to Pa.R.C.P. 1029. 8. Denied. It is specifically denied that the referenced metal object obstructed any of the traveling lanes of Interstate 81. It is further denied that this metal object was not readily visible due to any lighting conditions that existed at the time. On the contrary, this metal object was of a sufficiently large size that its condition was open and obvious to any individual exercising reasonable care for his or her own safety. 9. The allegations of paragraph 9 are deemed denied pursuant to Pa.R.C.P. 1029. 10-11. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or accuracy of the averments of paragraphs 10 and 11 of Plaintiff's Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 12. Denied. The allegations of paragraph 12 constitute conclusions of law to which no response is required. To the extent that responsive pleading is required, after reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or accuracy of these allegations, and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 13. The allegations of paragraph 13 are deemed denied pursuant to Pa.R.C.P. 1029. 14. Denied. The allegations of paragraph 14 constitute conclusions of law to which no response is required. To the extent that responsive pleading is required, after reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or accuracy of these allegations, and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 15. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 15 of Plaintiff's Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 16-18. Denied. The allegations of paragraphs 16 through 18 constitute conclusions of law to which no response is required. To the extent that responsive pleading is required, after reasonable investigation, answering Defendant is without information sufficient to form a belief as to the troth or accuracy of these allegations, and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice and costs. NEW MATTER 19. Plaintiff's Complaint fails to state a claim upon which relief may be granted. 20. Plaintiff's claims, if any, may be barred by the applicable statute of limitations. 21. Plaintiff's claims, if any, may be barred and/or substantially reduced by the doctrines of assumption of the risk, contributory negligence and/or comparative negligence. 22. To the extent that Plaintiff did sustain injuries as alleged, which allegations are specifically denied, then said injuries were caused by individuals other than answering Defendant and over whom answering Defendant had no control and/or by cimumstances beyond answering Defendant's control. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed with prejudice and costs. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Har~. McMunigal, Esquire Attorney for Defendant 10176-828 VERIFICATION I,~',~..~,~/~,,~-~1~, state that I am a representative of the Defendant, Valley Quarries, Inc., in the within action and that the facts set forth in the foregoing Defendant's Answer with New Matter to Plaintiffs Complaint are rme and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISS1NG, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Harry D. McMuuigal, Esquire, hereby certify that a true and correct copy of the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint was mailed by United States first class mail, postage prepaid upon the following party(les): Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 DATE:/'/q"c/~ Harry~squire KATHY DELGRANDE, Plaintiff VALLEY QUARRIES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW come the Plaintiff, by and through her attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 19. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff's Complaint fails to state a claim upon which relief may be granted. To the contrary, it is averred that Plaintiff's claim sufficiently sets forth a claim for negligence in the operation of a motor vehicle and creating a dangerous condition of the highway for which the named-Defendant is responsible. 20. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denie& Plaintiff's case arises out of a motor vehicle accident which occurred on November 1, 1999 as set forth in Plaintiff's Complaint. Plaintiff`filed suit by a Writ of Summons in Cumberland County on October 29, 2001 and served on the Defendant on November 19, 2001. Thus, Plaintiff's Writ of Summons was filed within the two-year anniversary of the accident and served on the Defendant within 30 days as required by Pennsylvania statute and Rules of Civil Procedure. Thus, Plaintiff's claim was filed within the two-year statute of limitations provided by 42 Pa.C.S.A. §5524 pursuant to the Rules of Civil Procedure for service. 241330.1 ~IEK\MMM 21. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that the Doctrine of Assumption of the Risk or comparative or contributotily negligence applies. At that time of the accident, Plaintiff Kathy Delgrande was a passenger in a motor vehicle and had no responsibility or control over the motor vehicle that she was tiding in. Plaintiffmaintains, therefore, she cannot be held comparatively or contributorily negligent when the driver of the vehicle she was a passenger in struck an object in the highway which was negligently dropped and allowed to remain there by the Defendant. Plaintiff further maintains that the Doctrine of Assumption of the Risk is inapplicable to Plaintiff's claim. 22. Denied. This averment is a conclusory statement unsupported by any factual statements. It is specially denied that the allegations of negligence set forth in Plaintiff's Complaint were not caused by the Defendant or individuals over whom the Defendant had control. This is further rebutted by Defendant's own answer to paragraph 6 of Plaintiff's Complaint in which it is admitted by the Defendant that the motor vehicle from which the metal object was dropped was owned bythe Defendant and operated by its employee on the date of accident. No further response is required by Plaintiff. WHEREFORE, Plainfiffrespectfully request that this Honorable Court dismiss Defendant's New Matter enter judgment in favor of Plaintiff and against Defendant. I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 241330. I~vlEK~IMM VERIFICATION I, KATHY DELGRANDE, Plaintiff, have read the foregoing Reply to New Matter 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 unswom falsification to authorities. WITNESS: 211588. ILMEKLMMM CERTIFICATE OF SERVICE AND NOW, this 25th day of January, 2002 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a tme and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Harry D. McMunigai, Esquire Bingaman, Hess, Coblentz & Bell Treeview Corporate Center 2 Meridian Blvd., Ste. 100 Wyomissing, PA 19610 Attorney for Defendant Michelie M.' Mil~j~vich 241330.1kMEK~MMM BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant JUDITH L. JUMP Additional Defendant CIVIL ACTION - LAW NO. 01-6185 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 Joinder Complaint is 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 with only such further notice to you as may be required by law, for any money claimed in the Joinder Complaint or for any other claim or relief requested by the defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR 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 4th Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Telephone: 717-240-6200 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant JUDITH L. JUMP Additional Defendant CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED DEFENDANT'S COMPLAINT AGAINST ADDITIONAL DEFENDANT 1. This action is brought for personal injuries allegedly sustained by the Plaintiffas a result of the claimed negligence of Defendant, allegedly arising from the motor vehicle accident on November 1, 1999, on Route 81 Southbound, in Penn Township, Cumberland County, Pennsylvania. 2. Specifically, Plaintiff alleges that she was a passenger in a vehicle being operated by Judith L. Jump, when she sustained personal injuries that allegedly occurred when the vehicle in which she was riding struck a metal object that is claimed to have fallen offofa track owned by Defendant Valley Quarries, Inc. and operated by one of its agents or employees. 3. The allegations of Plaintiffs Complaint are incorporated herein by reference as though fully set forth at length. A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "A". 4. Additional Defendant Judith L. Jump is an adult individual residing at 504 Brenton Street, Shippensburg, Cumberland County, Pennsylvania 19257. 5. In the alternative, Additional Defendant Judith L. Jump is an adult individual residing at 1809 Alamo Avenue, Alamogorde, New Mexico 88310. 6. To the extent that Plaintiff did sustain injuries as alleged, which allegations are specifically denied, then said injuries were caused, not as a result of any negligence, carelessness or recklessness of Defendant Valley Quarries, Inc., but rather solely and exclusively as a result of the negligence, carelessness and recklessness of Additional Defendant Judith L. Jump. 7. The negligence, carelessness and recklessness of Additional Defendant Judith L. Jump consisted of the following: a. Failing to keep proper and adequate control over the vehicle that she was driving, in order to avoid any foreign objects in the roadway; b. Failing to avoid striking the metal object in her lane of travel; c. Driving at a speed too fast for the conditions then and there existing on the roadway; d. Striking the foreign object in the roadway; e. Failing to find an alternative means of traveling on that roadway without striking the metal object; f. Failing to warn the Plaintiff of the presence of the object in the roadway; g. Following too close to the vehicle in front of her so that she was unable to avoid striking the object in the roadway in front of her; h. Failing to slow her vehicle or bring it to a stop in sufficient time to avoid striking the object in the roadway in front of her; and i. Failing to drive around the metal object in the roadway so as to avoid striking it. 8. As a result of the negligence, carelessness and recklessness of Additional Defendant as stated above, Additional Defendant Judith L. Jump should be held solely liable to the Plaintiff, jointly and severally liable to the Plaintiff, and/or liable over to Defendant Valley Quarries, Inc. on any judgment that may be entered in favor of Plaintiff and against Defendant Valley Quarries, Inc. WHEREFORE, Defendant Valley Quarries, Inc. demands that Additional Defendant Judith L. Jump be held solely liable to the Plaintiff, jointly and severally liable to the Plaintiff, and/or liable over to Defendant Valley Quarries, Inc. on any judgment that may be entered in favor of Plaintiff and against Defendant Valley Quarries, Inc. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Harry D/~ire Attorney for Defendant Valley Quarries, Inc. 10176-828 VERIFICATION I,-,/~ef~q~'t~.x~t.~n,~ , state that I am a representative of the Defendant, Valley Quarries, Inc., in the within action and that the facts set forth in the foregoing Defendant's Complaint Against Additional Defendant are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Dated: BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, 1NC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant JUDITH L. JUMP Additional Defendant CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Hany D. McMunigal, Esquire, hereby certify that a tree and correct copy of the foregoing Defendant's Complaint Against Additional Defendant was mailed by United States first class mail, postage prepaid upon the following party(ies): Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Harry~Esquire BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS 0~' CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant JUDITH L. JUMP Additional Defendant CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the Joinder Complaint was served upon Additional Defendant Judith L. Jump by way of United States Certified Mail, Return Receipt Requested on February 14, 2002. The original Return Receipt is attached hereto as Exhibit "A". I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Harry'. M~Munigal, Esquire DATE: EXHIBIT A KATHY DELGRANDE, Plaintiff VS. VALLEY QUARRIES, INC. Defendant VS. JUDITH L. JUMP, Additional Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6185 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of Additional Defendant Judith L. Jump in the above-captioned matter. Dated: CALDWELL & KEARNS / Ja~n~c~. Goldsmit~'~l~i~e /AttOrney I.D. #27 15~j~ 3,ttomey I.D. #86569 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Additional Defendant CERTIFICATE OF SERVICE AND NOW, thisc~$ day of ,2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Harry D. McMunigal, Esquire BINGAMAN, HESS, COBLENTZ & BELL, P.C. Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 02-131/36600 CALDWELL & KEARNS BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 3744377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena 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 subpoena attached thereto was mailed or delivered to each party at least twenty (20) 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) no objection to the subpoena has been received or Plaintiff waived any objection to the subpoena in writing, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Dated: By: harry l~McMunigal, Esquire Attorney for Defendant BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) KATHY DELGRANDE Plaintiff Vo VALLEY QUARRIES, 1NC. Defendant ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 .FURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve a subpoena identical to thc one that is attached to this notice. You have twenty (20) days fi.om the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Dated: By: H~Esq lru~e - Attorney for Defendant ~TI{ OF PI~IqNSYLVANIA ~OF~ ~ATHY DELGRAAI)E : Plaintiff v. : File No. AT.T.~ QUARRIES, INC. : Defendant ; 01-6185 to: AT.T.q~A~R INSURANCE O0MPANY, 301 BRUSH f3~":":~ ROAD, WARR~ALE PA 15086 (Name~-P~'so~ o~ Entity) _ Within twenty (20) days afte~ service of this sub~x~ena, you a~e ocdeced by the oourt to ~xfuce the fol lowing documents o~ th~ngs: SEE AT~A~ at Treeview Corporate Center, Suite~, (Address) ¥o~ may de;ive~ o~ mail legible copies of the doctrne~ts o~ ~uce ~ngs r~est~ by this SUSa, ~e~. with the c~tificate oF ~li~e, to ~e P~ty ~i~ this r~est at ~e a~cess l!st~ ~ve. Y~ have the ~f~t to s~k in adv~e the Pea~le cost of ~i~ ~e :ies ~ ~cin9 the things s~ght. (20) ~ys aft~ ils s~Yice, ~e ~ty s~vfn9 this s~',a may s~k a ~llir:g y~ ~ ~ly with ~ ~ ~ ~i al, g~i~e ~ESS:_ ~~ ~ite 100 2 ~i4i~ Bi~., ~, PA 19610 [ ELEP~: 610.374.8377 IA TE : 8Y THE CCX.~T: (Elf. 7/97) BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENIIIqCATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) KA'DIY DELGRANDE PlaLntiff VALLEY QUARRIES, 1NC. Defendant ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN Tl:ll~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED CUSTODIAN OF RECORDS FOR: ALLSTATE INSURANCE COMPANY Any and all PIP files, claims, medical records, medical bills, payment logs, insurance records, adjuster notes, applications for benefits, evaluations, correspondence, etc. pertaining to any claims filed by or on behalf of: Claimant Name: SS#: Date of Loss: Your Insured: Claim #: Kathy Delgrande 209-60-4571 5/7/00 William Delgrande 665273070302 184851 KATHY DELGRANDE, Plaintiff VS. VALLEY QUARRIES, 1NC. Defendant VS. JUDITH L. JUMP, Additional Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6185 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF ADDITIONAL DEFENDANT, JUDITH L. JUMP, TO DEFENDANT'S ADDITIONAL DEFENDANT COMPLAINT COMES NOW, the Additional Defendant, Judith L. Jump, by and through her counsel, Caldwell & Keams, and files the within Answer with New Matter to the Additional Defendant Complaint, and in support thereof, avers the following. 1. It is admitted that paragraph 1 of the Additional Defendant Complaint accurately summarizes the nature of Plaintiff's allegations. As to the substance of those allegations, the same are specifically denied. 2. It is admitted that paragraph 1 of the Additional Defendant Complaint accurately summarizes the nature of Plaintiff's allegations. As to the substance of those allegations, the same are specifically denied. By way of further answer, Additional Defendant is without knowledge sufficient to permit her to form a belief or opinion as to how the metal object became situated in the roadway. 3. This paragraph is an incorporation paragraph which requires no responsive pleading under the Pennsylvania Rules of Civil Procedure. 4. Denied. Additional Defendant, Judith L. Jump does not reside at the address stated in the Additional Defendant's Complaint. 5. Admitted. 6. Denied. The averments contained in paragraph 6 of the Additional Defendant Complaint are denied as conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. 7. This paragraph and its sub-parts are denied pursuant to the provisions of Pennsylvania Rule of Civil Procedure 1029 (e). 8. The averments contained in paragraph 8 of the Additional Defendant Complaint are denied as conclusions of law to which no responsive pleading is required by the Pennsylvania Rules of Civil Procedure. WHEREFORE, Additional Defendant, Judith L. Jump, demands that the Defendant, Valley Quarries, Inc., be held solely liable to Plaintiffon any judgment that may be entered in favor of the Plaintiff. NEW MATTER 9. Additional Defendant hereby incorporates paragraphs 1-8 as though the same were set forth hereunder. 10. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 11. All or some of Plaintiff's alleged injuries pre-existed the motor vehicle accident which is the subject of Plaintiff's Complaint. 12. In accord with Section 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law, the Plaintiff is not entitled to recover any sums "paid or payable" from any group, plan or other arrangement. 13. Plaintiff has failed to plead that she was bound by the limited or full tort option on the date of the accident, and if she was bound by the limited tort option, Plaintiff has failed to plead any of the exceptions to the rule prohibiting recovery of non-economic damages in accord with 75 Pa.C.S. §1705. 14. Additional Defendant specifically reserves the defenses of contributory/comparative negligence and assumption of the risk. 15. The Plaintiff's claim does not exceed $35,000 and should be referred to mandatory arbitration. 16. The Defendant, Valley Quarries, Inc., is solely responsible for any injuries suffered by the Plaintiff due to the following negligence committed by its employees or agents: (A) Failing to secure the metal tripod to its vehicle if, in fact, the tripod fell from a vehicle owned by the Defendant; (B) Failing to remove the tripod from the roadway if the instrument was intentionally or negligently placed there by the Defendant; (C) Failing to warn automobile drivers of the tripod's presence in the roadway; (D) Failing to provide sufficient alternative paths to permit drivers to avoid collision with the tripod; (E) Failing to perform its work in a safe and appropriate fashion. 17. The metal tripod was owned or leased by the Defendant. 18. The metal tripod was located in the roadway when Additional Defendant's car struck it. 19. Defendant provided no warnings that the object was in the roadway. 20. Additional Defendant was traveling at or below the speed limit. 21. Road and weather conditions were favorable. WHEREFORE, Additional Defendant, Judith L. Jump, demands that the Additional Defendant Complaint be dismissed and that any liability for judgment in favor of the Plaintiff be assigned solely to the Defendant, Valley Quarries, Inc. NEW MATTER PURSUANT TO Pa.R.C.P. 2252 (d) 22. Additional Defendant hereby incorporates paragraphs 1- 21 as though the same were set forth hereunder. 23. To the extent that judgment is rendered in favor of the Plaintiff, the Defendant, Valley Quarries, Inc., is solely liable to the Plaintiff for any injuries she suffered or jointly liable with Additional Defendant, Judith L. Jump for the reasons set forth in the following paragraph. 24. The Defendant, Valley Quarries, Inc. is solely responsible for any injuries suffered by the Plaintiff due to the following negligence committed by its employees or agents: (A) Failing to secure the metal tripod to its vehicle if, in fact, the tripod fell from a vehicle owned by the Defendant; (B) Failing to remove the tripod from the roadway if the instrument was intentionally placed there by the Defendant; (C) Failing to warn automobile drivers of the tripod's presence in the roadway; (D) Failing to provide sufficient alternative paths to permit drivers to avoid collision with the tripod; (E) Failing to perform its work in a safe and appropriate fashion. WHEREFORE, Additional Defendant, Judith L. Jump, demands that the Additional Defendant Complaint be dismissed and that any liability for judgment in favor of the Plaintiffbe assigned solely to the Defendant, Valley Quarries, Inc. ~ully sub~~ James L. (]~ds~nith, Esquire ~ Attorney I.D. #27115 Douglas E. Herman, Esquire Attorney I.D. #86569 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Additional Defendant, Judith L. Jump VERIFICATION I, Judith L. Jump, verify that the information contained in the Answers and New Matter is true and correct to the best of my information, knowledge 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. J~ith L. Jump CERTIFICATE OF SERVICE AND NOW, this ]'~day of ~ ,2002, I hereby certify that I have served a copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Harry D. McMunigal, Esquire BINGAMAN, HESS, COBLENTZ & BELL, P.C. Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 CALDWELL & KEARNS 02-131/37300 SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-06185 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DELGRANDE KATHY VS VALLEY QUARRIES INC R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, ADD'TL DEFEND JUMP JUDITH but was unable to locate Her in his bailiwick. He therefore returns the WRIT OF SUMMONS the within named ADD'TL DEFEND , JUMP JUDITH BELIEVED TO BE LIVING IN NEW MEXICO. , NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 13.80 Not Found 5.00 Surcharge 10.00 .00 46.80 So answer: . ~J/ ~ /' R./ Thomas Kline Sheriff of Cumberland County BINGAMAN HESS COBLENTZ BELL 03/04/2002 Sworn and subscribed to before me this /.3 ~ day of~ ~2 &~ 2- A.D. Prot~lc~notary BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 ' WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant Vo JUDITH L. JUMP Additional Defendant CIVIL ACTION - LAW NO. 01-6185 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 Joinder Complaint is served, by entering a written appearance personally or by attomey 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 with only such further notice to you as may be required by law, for any money claimed in the Joinder Complaint or for any other claim or relief requested by the defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR 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 4th Floor Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 '[~l~Ol~ Telephone: 717-240-6200 InTli~tiffi0~/~, BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant Vo JUDITH L. JUMP Additional Defendant CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED DEFENDANT'S COMPLAINT AGAINST ADDITIONAL DEFENDANT 1. This action is brought for personal injuries allegedly sustained by the Plaintiff as a result of the claimed negligence of Defendant, allegedly arising from the motor vehicle accident on November 1, 1999, on Route 81 Southbound, in Penn Township, Cumberland County, Pennsylvania. 2. Specifically, Plaintiff alleges that she was a passenger in a vehicle being operated by Judith L. Jump, when she sustained personal injuries that allegedly occurred when the vehicle in which she was riding stmck a metal object that is claimed to have fallen off of a truck owned by Defendant Valley Quarries, Inc. and operated by one of its agents or employees. though fully set forth at length. hereto as Exhibit "A". 4. Additional Defendant Judith L. The allegations of Plaintiff's Complaint are incorporated herein by reference as A true and correct copy of Plaintiff's Complaint is attached Jump is an adult individual residing at 504 d. Striking the foreign object in the roadway; e. Failing to find an alternative means of traveling on that roadway without striking the metal object; f. Failing to warn the Plaintiff of the presence of the object in the roadway; roadway; Brenton Street, Shippensburg, Cumberland County, Pennsylvania 19257. 5. In the alternative, Additional Defendant Judith L. Jump is an adult individual residing at 1809 Alamo Avenue, Alamogorde, New Mexico 88310. 6. To the extent that Plaintiff did sustain injuries as alleged, which allegations are specifically denied, then said injuries were caused, not as a result of any negligence, carelessness or recklessness of Defendant Valley Quarries, Inc., but rather solely and exclusively as a result of the negligence, carelessness and recklessness of Additional Defendant Judith L. Jump. 7. The negligence, carelessness and recklessness of Additional Defendant Judith L. Jump consisted of the following: a. Failing to keep proper and adequate control over the vehicle that she was driving, in order to avoid any foreign objects in the roadway; b. Failing to avoid striking the metal object in her lane of travel; c. Driving at a speed too fast for the conditions then and there existing on the g. Following too close to the vehicle in front of her so that she was unable to avoid striking the object in the roadway in front of her; h. Failing to slow her vehicle or bring it to a stop in sufficient time to avoid striking the object in the roadway in l~ont of her; and i. Failing to drive around the metal object in the roadway so as to avoid striking it. 8. As a result of the negligence, carelessness and recklessness of Additional Defendant as stated above, Additional Defendant Judith L. Jump should be held solely liable to the Plaintiff, jointly and severally liable to the Plaintiff, and/or liable over to Defendant Valley Quarries, Inc. on any judgment that may be entered in favor of Plaintiff and against Defendant Valley Quarries, Inc. WHEREFORE, Defendant Valley Quarries, Inc. demands that Additional Defendant Judith L. Jump be held solely liable to the Plaintiff, jointly and severally liable to the Plaintiff, and/or liable over to Defendant Valley Quarries, Inc. on any judgment that may be entered in favor of Plaintiffand against Defendant Valley Quarries, Inc. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Harry D~ire Attorney for Defendant Valley Quarries, Inc. 10176-828 VERIFICATION I, ~'~ ~"mm~s~n , state that I am a representative of the Defendant, Valley Quarries, Inc., in the within action and that the facts set forth in the foregoing Defendant's Complaint Against Additional Defendant are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant Vo JUDITH L. JUMP Additional Defendant CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Harry D. McMunigal, Esquire, hereby certify that a tree and correct copy of the foregoing Defendant's Complaint Against Additional Defendant was mailed by United States first class mail, postage prepaid upon the following party(ies): Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 DATE:o~ ' [{'0 ~ Hard'Esquire KATHY DELGRANDE, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6185 VALLEY QUARRIES, INC. Defendant VS. JUDITH L. JUMP, Additional Defendant CIVIL ACTION - LAW PRAECIPE Please attach the Notice to Plead to the Answer and New Matter of Additional Defendant, Judith L. Jump, to Defendant's Additional Defendant Complaint that was filed with the Court on April 5, 2002, in the above-captioned matter. Respectfully submitted: C ELL & James It~ Goldsmith, Esquire Attorney I.D. #27115 Douglas E. Herman, Esquire Attorney I.D. #86569 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Additional Defendant, Judith L. Jump Date: KATHY DELGRANDE, Plaintiff VS. VALLEY QUARRIES, INC. Defendant VS. JUDITH L. JUMP, Additional Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6185 : CIV1L ACTION - LAW NOTICE TO PLEAD TO: Valley Quarries, Inc. c/o Harry McMunigal, Esquire BINGAMAN, HESS, COBLENTZ & BELL, P.C. Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 YOU ARE HEREBY NOTIFIED that the New Matter set forth herein contain averments against you to which you are required to respOnd within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Respectfully submitted, James-L.~ol~srr~th, Esquire Attorney I.D. #27115 Douglas E. Herman, Esquire Attorney I.D. #86569 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorneys for Additional Defendant, Judith L. Jump CERTIFICATE OF SERVICE AND NOW, this ~day of ~{,~~, 2002, I hereby certify that I have served a copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Michael E. Kosik, Esquire ANGINO & R. OVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Harry D. McMunigal, Esquire BINOAMAN, HESS, COBLENTZ & BELL, P.C. Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 CALDWELL & KEARNS 02-131/37300 KATHY DELGRANDE, Plaintiff VS. VALLEY QUARRIES, INC. Defendant VS. JUDITH L. JUMP, Additional Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6185 : CiVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter my appearance on behalf of Additional Defendant Judith L. Jump, in addition to the entry of appearance for Attorney James L. Goldsmith, Esquire, which was filed with this Court on February 27, 2002, in the above-captioned matter. Dated: By: Attorney I.D. #86569 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Additional Defendant CERTIFICATE OF SERVICE AND NOW, this y of ,2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Harry D. McMunigal, Esquire BINGAMAN, HESS, COBLENTZ & BELL, P.C. Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 CALDWELL & KEARNS 02-131/38742 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE, Plaintiff, VS, · NO. 01-6185 VALLEY QUARRIES, INC, Defendant, VS. · CIVIL ACTION - LAW · JURY TRIAL DEMANDED JUDITH L. JUMP, Additional Defendant CERTIFICATE OF PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena 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 subpoena attached thereto was mailed or delivered to each party at least twenty (20) 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) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Dated: BINGAMAN, HES~COBLENTZ& BELL, P.C. By: /-'~,~ Harf'y [~-~/fcMunigal, Esquire Attorney for Defendant, Valley Quarries, Inc. 191157 BINGAMAN, HESS, COBLENTZ & A PROFESSIONAL CORPORATION A I I ORNEYS AT LAW TREEV1EW CORPORATE CENTER SUITE 100 ' 2 MERIDIAN BOULEVARD WYOMISSING, PA 19610 TELEPHONE (610) 374-8377 FAX # (610) 376-3105 www.bhcb.com BELL CF C O~LINSEL May 24, 2002 Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 RE: Delqrande v. Valley Quarries, Inc. v. Judith L. Jump Cumberland County C.C.P. No. 01-6185 Our File No. 10176-828 Dear Mr. Kosik: Enclosed please find a Notice Of Intent To Serve A Subpoena To Produce Documents And Things For Discovery Pursuant To Rule 4009.21 relative to the above- captioned matter. If you have any objections to same, please advise within the next twenty (20) days. If you are willing to waive objections, please advise me. Very truly yours, BI~GAMAN. HESS, COBLENTZ & BELL, P.C. H~. M~cMunigal HDM/MSB:cp Enclosures cc: Douglas E. Herman, Esq. (w/encl.) 191157 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVlEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSlNG, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE, Plaintiff, VS. · NO. 01-6185 VALLEY QUARRIES, INC, Defendant, VS. · CIVIL ACTION - LAW · JURY TRIAL DEMANDED JUDITH L. JUMP, Additional Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCF DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Dated: 5/z_~/02 BINGAMAN, HESS, COBLENTZ & BELL, P.C. Harr~/D. nigal, Esquire Attorney for Defendant, Valley Quarries, Inc. 191157 ~TI! OF PElqNSYLVi~NI~ KATHY DELGRANDE, PLAINTIFF V. VAT.TRY QUARRIES, INC., DEFENDANT V. JUDITH L. ~, ADDITIONAL DEb-~NDANT File 01 -6185 _SUBPOENA TO PI~ I~NTS OR TH INC~ F_OR DISCOVERY PURSUANT TO I~dtE 4009.22 FO: RECORDS O3STCDIAN, CHA/V~ERSBURG HOSPITAL (Name of Perso~ or Entity) Within twenty (20) days after service of this subl~oena, yo~ are ordered by the cour~ to produce the roi Ic~i~ documents or things: SEE ATTACHED (Address) Yo~ may de;iver or mail legible cc%oies of the docunents or produce th'~ngs requeste¢ th i s subpoena, tcx3ethe~- wi th the certificate of ocrr~liance, to the party making request at the address 1'.'sted above. Ycx~ have the right to seek in advar~e the reaso~ cost of preparing the co~ies or ~oducing the things sought. If you fail to produca the do~ts oc things required by this sul~-~na within twe (20) days after its servi.~, the party serving this subpo~',a may seek a co~oellir:9 you to c~,uly with it. PHIS ~ WAS ISS~3ED AT THE REC~UEST OF l~ FOELONING PERSON: ~: I~m]RRY D. ____W~. ~, PA 1%10 tELEPHONE :_ (610)_374-43377 '~3PREP~5 COURT ID ~ 38386 .\ CFORNEY FOR: VAT,FY by his ble ~ty (Elf. 7/97) BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVlEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSlNG, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE, Plaintiff, VS. VALLEY QUARRIES, INC, Defendant, VS. JUDITH L. JUMP, Additional Defendant ' NO. 01-6185 · CIVIL ACTION - LAW · JURY TRIAL DEMANDED RECORDS CUSTODIAN, CHAMBERSBURG HOSPITAL: Any and all medical bills, hospital records, reports or other documents in any way relating to the examination, diagnosis, observation, investigation, treatment, admission, discharge, radiology studies, evaluations, medication, history, emergency services, ambulance services, opinions, instructions, recommendations, laboratory, nursing assessments, consultations, physicians notations and reports, third party reports records and evaluations, progress reports, including microfilm, microfiche, emergency room reports, operating room reports, discharge summaries, consultation reports, x-ray reports, out-patient records physical therapy records and any other information pertaining to: Patient: Address: D.O.B: SSN: Kathy Delgrande 504 Brenton Street Shippensburg, PA 1/17/65 209-60-4571 191157 I ~TI! OF PENNSYLVANIA KATHY D~, PLAINTIFF V. V~T.TRY QUARRIES, INC., DEFENDANT V. JUDITH L. J[~P, ADDITIONAL File No. 01-61 85 SUBPOENA TO PR~ EXD~NTS OR TH INC~q _FOR DISCOVERY PLRSUANT TO F4flLE 4009.22 Fo: R~ CUSTODIAN, ER. JO}~ R. FRANKENY, II AND THE~:.TDRTHOPEDIC IN~ITUTE OF P~qNSYLVANIA (N~ of P~s~ ~ Entity) I -- Within tw~ty (20) days aft~ s~vice of this sub~a, y~ ~e ~d~ed by the ~rt to c~ce the fol I~ir~3 d~ts ~ things: SEE ATrACHED at __~IN~Z~aN, }~S, (I]~J5%~ & ~7_L, P.C. , ~ G]~. QS~TFR, 2FERIDTAN ~[~D., SLrfIE , . , 9610 (Address) ¥~ wy de;iv~ ~ ~il legible cc~ies of the d~ts ~ produce th~ngs re(~ested by this susa, ~e~- with the c~tificate of ~,uli~e. to the p~ty ~ing this c~est at ~e a~ess i~t~ ~ve. Ym have the ri~t to s~k in adv~e ~e mealie cost of ~i~ ~e ~ies ~ ~ucin9 the things s~ght. If y~ fail ~ pr~ce.~e ~ts ~ ~i~s re~ir~ by ~is su~a within tw~ty (20) ~ys aft~ its s~vice, ~e P~ty s~ving this s~-,a may s~k a ~llir:g y~ ~ ~,~ly with ~IS ~ W~ I~O AT ~ RE. ST ~ ~ F~L~I~ PER~: ~:~D. ~,~ ~Ess: ~~. ~, ~ 1~ ~~. ~, ~ 1~10 rELEP~E :_ ~610)~ '~R~ ~T ID ~ ~ ~ATE: BY THE T- otho~ta~y/c I e~. ~L.--i s ,.'c~ (Eft. 7/9F) BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE iDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE, Plaintiff, VS. VALLEY QUARRIES, INC, Defendant, VS. JUDITH L. JUMP, Additional Defendant · NO. 01-6185 · CIVIL ACTION - LAW JURY TRIAL DEMANDED RECORDS CUSTODIAN, DR. JOHN R. FRANKENY, II and the ORTHOPEDIC INSTITUTE OF PENNSYLVANIA: Any and all medical bills, hospital records, reports or other documents in any way relating to the examination, diagnosis, observation, investigation, treatment, admission, discharge, radiology studies, evaluations, medication, history, emergency services, ambulance services, opinions, instructions, recommendations, laboratory, nursing assessments, consultations, physicians notations and reports, third party reports records and evaluations, progress reports, including microfilm, microfiche, emergency room reports, operating room reports, discharge summaries, consultation reports, x-ray reports, out-patient records physical therapy records and any other information pertaining to: Patient: Kathy Delgrande Address: 504 Brenton Street Shippensburg, PA D.O.B: 1/17/65 SSN: 209-60-4571 191157 ~_~LTI{ OF PENNSYLVANIA KATHY DRT~kNDE, : PLAINTIFF V. V~T.T~Y QKJARRIES, INC., DEFenDANT V. JUDITH L. JL~P, ADDITIGNAL DEF~qDANT ODUNTY OF CUM~JU3UND File No. 01 -6185 SUBPOEI',L& 1'O PR'O0~ ~NTS OR TH INO~ FOR DISOOVER¥ PURSUANT TO RULE 4009.22 r0: R]~/2RDS CUSTODIAN, KEYSTONE SPINE C]~XFfER, THE MCK~XlZIE INSTITUTE OF LUMBAR SPINE ASSESSMENT (Na~e of Person or Entity) within twenty (20) days after semvice of this subpoena, you are o~de~ed by the co,ri to ~oduce the roi lo~ing ~ts ~ things: SEE. A~TACHED at ._5!]lXEDM~N, ~-~, O ~Alxl/Z & ~]J., P.C_, '~ tU~F. OSNlk~, ~ ]~E)., StWlR. 1UO, W~m.~, ~ i19610 (Address) J -- You may de;iver or mail legible copies of the cloctrnemts or produce ~J~ings requeste this subpoena, t~ether- with the certificate of cu,~liance, to the party n~king request at the address listed above. You have the right to seek in advar~ the reason cost of preparing the co~ies or oroducing the things sought. If you fail to produc~ the do--ts or things required by this sub~c, ma within tw, (20) days after its service, the party serving this sub~',a may seek a c~t o C~ellir:g ¥o~ to co,~ly with it. I'HIS SUBPOENA WAS IS.gJEO AT THE RE(~UEST OF ll-IE FOLLOWIN~ PERSON: ~: ~ D. M2M-NIG~L~5~IJ]i~ ~DO~ESS: ~mO~L~R~ 100, 2 M~UO3AN ~3~D. ~, PA 19610 r ELEPHONE: {610) _3'7,~'77 %UPRE]'.~ C~URT ID ~ 38386 .", FFOf~NEY FOil: V'AI'Ik-~' Q3~, ~ ] by :his ~ble ~ty ,ATE: (Eff. 7/9~) BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) A'I-rORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE, Plaint fi, VS. VALLEY QUARRIES, INC, Defendant, VS. JUDITH L. JUMP, Additional Defendant · NO. 01-6185 - CIVIL ACTION - LAW · JURY TRIAL DEMANDED RECORDS CUSTODIAN, KEYSTONE SPINE CENTER: Any and all medical bills, hospital records, reports or other documents ~n any way relating to the examination, diagnosis, observation, investigation, treatment, admission, discharge, radiology studies, evaluations, medication, history, emergency services, ambulance services, opinions, instructions, recommendations, laboratory, nursing assessments, consultations, physicians notations and reports, third party reports records and evaluations, progress reports, including microfilm, microfiche, emergency room reports, operating room reports, discharge summaries, consultation reports, x-ray reports, out-patient records physical therapy records and any other information pertaining to: Patient: Kathy Delgrande Address: 504 Brenton Street Shippensburg, PA D.O.B: 1/17/65 SSN: 209-60-4571 191157! ~TI{ OF pENNSYLVANIA KATHY DEL(~ANDE, pLAINTIFF V. VAI.T.RY QUARRIES, INC., DF. h'kz~DANT V. JUDITH L. JUMP, ADDITICNAL DEF]~IDANT COOqqTY OF O3MBERLAND File No. 01-6185 SUBPC~NA TO PRCOUCE ~NTS OR THIN(C; FOR DISCOVERY PURSUANT TO RULE 4009.22 r0: _RSX2Q]~_CUSSODIAN, MADEIRA CHIROPRACTIC (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are o~de~ed by the produce the fol lowing docunents or things: SEE ATTACHED (Address) to 19610 You may de;iver or mail legible copies of the documents or produce ~Jnings requested by this subpoena, together, with the certificate of ccnl3liance, to the party making this request at the add~e-ss listed above. You have the right to seek in advance the reasc3able cost of prepa~ing the copies or prc~iucin9 the things sought. ' I the documents or things required by this SUbl~-:n~ within t~enty If fail produce (20) days after its sem¥ice, the party secving this su~',a may seek a c~m~t de' ccr~el I ir;9 ¥o~ to o~,~ly with it. ~ [HIS SUBPOENA WAS ISSUED AT THE REQUEST O~: THE FOCLOWllxK3 PERSON: _._.~..q~, PA 19610 rELEPHON£ :_ (610)_37.4-8377 SL~RE~ CC~T ID ~ 38386 ,~ Fr(~qNEY FOR: ~TI]~ ~, INC. (Eff. 1~97) BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE, Plaintiff, VS. VALLEY QUARRIES, INC, Defendant, VS. JUDITH L. JUMP, Additional Defendant · NO. 01-6185 · CIVIL ACTION - LAW - JURY TRIAL DEMANDED RECORDS CUSTODIAN, MADEIRA CHIROPRACTIC: Any and all medical bills, hospital records, repods or other documents in any way relating to the examination, diagnosis, observation, investigation, treatment, admission, discharge, radiology studies, evaluations, medication, history, emergency services, ambulance services, opinions, instructions, recommendations, laboratory, nursing assessments,' consultations, physicians notations and reports, third party reports records and evaluations, progress repods, including microfilm, microfiche, emergency room reports, operating room reports, discharge summaries, consultation reports, x-ray reports, out-patient records physical therapy records and any other information pertaining to: Patient: Kathy Delgrande Address: 504 Brenton Street Shippensburg, PA D.O.B: 1/17/65 SSN: 209-60-4571 191157 ~TI! OF PENNSYLVANIA KATHY DEL(~J%NEE, PLAINTIFF V. VALLEY QUARRIES, INC. , D~'~ANT V. JUDITH L. JUMP, ADDITIONAL D~~EZ~DAN~ COUNTY OF ~ File 01-6185 SUBPOENA TO PROOOCE ~NTS O~ ]l-IINt~ FOt~ DISCOVERY PURSUANT TO RULE 4009.22 ro: REOORDS O3STODIAN, ~T.T~TATE INSURANCE COMPANY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, yo~ are ordeced by the co~r~ to 0¢oduce the followir~3 d<xDune~ts o¢ things: SEE ATI*AC~ (Add~es s ) ¥O~ may de;iYer o¢ mail legible copies of the documents or produce +~ngs requested by ~th~is,~¢~su .~b~e~a~_ _t~o~_e~t~_?-,:w_~t~ .the certificate of co',',liance, to the ~arty making~his -~ ........ = a~r.~ ,~ceo above. You have the right to seek in advance the reasooable cost of preparing the copies or producing the things sought, i If you fail to p~odu¢~ the c~ts or things required by this Su~-~a wit]~in t'~ent¥ (20) days after its ser¥iae, the party serving this subpo~',a may seek a c~-rt c°~ellir:g yo~ to cu,uly with it. rills St~ WAS ISSUED A~ THE RE(llJEST OF TI~ FOELC~CING PERSON: .___W~z~f_ ~, PA 19610 fELEPHONE: f610) _374-8377 '~3PREP~ COJ~T ID ¢ 38386 .% F[O6tNEY FOR: ~¢ Q_~RT~ (Eff. 7/9~) BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY:' HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) IN THE COURT OF COMMON PLEAS OF ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. CUMBERLAND COUNTY, PENNSYLVANIA KATHY DELGRANDE, Plaintiff, VS. VALLEY QUARRIES, INC, Defendant, VS. JUDITH L. JUMP, Additional Defendant · NO. 01-6185 · CIVIL ACTION - LAW · JURY TRIAL DEMANDED RECORDS CUSTODIAN, ALLSTATE INSURANCE COMPANY: Any and all PIP files, claims, medical records, medical bills, payment logs, insurance records, adjuster notes, applications for benefits, evaluations, correspondence, etc. pertaining to any claims filed by or on behalf of Claimant: Address: D.O.B: SSN: Kathy Delgrande 504 Brenton Street Shippensburg, PA 1/17/65 209-60-4571 Date of Loss: 5~7~00 Your Insured: William Delgrande Claim #: 665273070302 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant JUDITH L. JUMP Additional Defendant IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED ANSWER OF DEFENDANT VALLEY QUARRIES, INC. TO NEW MATTER AND NEW MATTER CROSSCLAIM OF ADDITIONAL DEFENDANT JUDITH L. JUMP ANSWER TO NEW MATTER Answering Defendant incorporates herein by reference as though fully set forth at length paragraphs 1 through 8 of its Complaint against Additional Defendant. 10-15. As these allegations are directed to Plaintiff, no responsive pleading from Defendant is required. 16. Denied. The allegations of paragraph 16 constitute conclusions of law to which no response is required. To the extent that responsive pleading is required, it is specifically denied that answering Defendant acted at any time relevant herein through its employees or agents. The allegations of paragraph 16 are deemed denied pursuant to Pa.R.C.P. 1029. 17. Denied. It is specifically denied that the metal tripod in question was owned by answering Defendant. The allegations of paragraph 17 are deemed denied pursuant to Pa.R.C.P. 1029. 18-19. The allegations of paragraphs 18 through 19 are deemed denied pursuant to Pa.R.C.P. 1029. 20. Denied. After reasonable investigation, answering Defendant is without infom~ation sufficient to form a belief as to the truth or accuracy of the averments of paragraph 20 of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 21. The allegations of paragraph 21 are deemed denied pursuant to Pa.R.C.P. 1029. WHEREFORE, answering Defendant respectfully requests that Additional Defendant's New Matter be dismissed with prejudice and costs. ANSWER TO NEW MATTER PURSUANT TO Pa.R.C.P. 22fi2(d) 22. Answering Defendant incorporates herein by reference as though fully set forth at length paragraphs 1 through 8 of its Complaint against Additional Defendant and paragraph 9 through 21 of its Answer to Additional Defendant's New Matter. The allegations of paragraph 23 constitute conclusions of law to which 23. Denied. no response is required. 24. Denied. The allegations of paragraph 24 constitute conclusions of law to which no response is required. To the extent that responsive pleading is required, it is specifically denied that answering Defendant acted at any time relevant herein through its employees or agents. The allegations of paragraph 24 are deemed denied pursuant to Pa.R.C.P. 1029. WHEREFORE, answering Defendant respectfully requests that Additional Defendant's New Matter Crossclaim be dismissed with prejudice and costs. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Harry rare Attorney for Defendant VERIFICATION The undersigned, being duly sworn 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 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 tree and correct to the best of his knowledge, infom~ation and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsifications to authorities. Harry D.~cMunigal, Esquire DATED: BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: HARRY D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER 2 MERIDIAN BLVD., SUITE 100 WYOMISSING, PA 19610 (610) 374-8377 (610) 376-3105 (Fax) ATTORNEY FOR DEFENDANT VALLEY QUARRIES, INC. KATHY DELGRANDE Plaintiff V, VALLEY QUARRIES, INC. Defendant V. JUDITH L. JUMP Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing Answer of Defendant Valley Quarries, Inc. to New Matter and New Matter Crossclaim of Additional Defendant Judith L. Jump was mailed by United States first class mail, postage prepaid upon the following party(ies): Douglas E. Herman, Esquire CALDWELL & KEARNS 3631 North From Street Harrisburg, PA 17110-1533 Michael E. Kosik, Esquire ANGINO & ROVNER, P.C. 4503 North From Street Harrisburg, PA 17110-1708 DATE: Harry ]~. McMunigal, Esquire KATHY DELGRANDE, Plaintiff Vo VALLEY QUARRIES, INC., Defendant JUDITH L. JUMP, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO ADDITIONAL DEFENDANT'S NEW MATTER AND NOW come the Plaintiff, by and through her attorneys, Angino & Rovner, P.C., and hereby replies to the New Matter of Defendant as follows: 9. Pennsylvania Rule of Civil Procedure 1030 provides that a party may set forth as New Matter any material facts which are not merely denials of the avexments of the preceding pleading. Additional Defendant's incorporation of her answers to paragraph 1-8 of the Complaint filed by the original Defendant Valley Quarries for the most part appears to be either admissions or denials of the corresponding paragraphs of the Defendant's complaint and therefore no response is required by Plaintiff Kathy Delgrande. 10. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Kathy Delgrande's claims are barred either in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 244986.1 hMEKWIMM 11. Denied. This averment is a conclusory statement unsupported by any factual statements. To the extent that a further response may be deemed proper, it specifically denied that Plaintiff's injuries and damages, which are set forth in her Complaint, pre-existed the motor vehicle accident. To the contrary, it is averred that Plaintiff's injuries and damages as set forth in the Complaint are a direct and proximate result of the motor vehicle accident or an aggravation of a pre- existing condition. 12. Denied. This averment is a conclusion of law to which no responsive pleading is required. To the extent that a response may be deemed proper, it is specifically denied that Plaintiff Kathy Delgrande is seeking to recover any sums paid or payable for any group plan, or other arrangement governed by § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility Law. 13. Denied. Plaintiff Kathy Delgrande was not required to plead specifically her tort selection. However, Plaintiff was covered by the full tort option. Additionally, Plaintiff Kathy Delgrande did plead that her injuries may be of a permanent nature causing residual problems for the remainder of her life and therefore she maintains that she did sufficiently aver that she had suffered a serious impairment ora bodily function. 14. Denied. It is specifically denied that an Additional Defendant can preserve a defense merely by making reference to it in New Matter. The Rules of Civil Procedure require that the material facts upon which a defense is based must be plead. By way of further response, it is specifically denied that the defense of assumption of the risk is applicable to a motor vehicle accident claim, especially where the Plaintiff is a passenger. Additionally, the defense of 244986.1~VIEKhMMM contributorily negligence does not exist under the circumstances which existed at the time of the accident and as set forth in the Plaintiff's Complaint. 15. Denied. This averment is a conclusory statement which is not supported by any factual statements. It is further incorrect in that it states that the jurisdictional limit for arbitration in Cumberland County is $35,000. To the contrary, it is averred that the jurisdictional limit in Cumberland County is $25,000. By way of further response, it is specifically denied that Plaintiff's damages do not exceed the jurisdictional amount necessary for requesting a jury trial. 16. This averment is addressed to Valley Quarries and therefore no response is required by Plaintiff Kathy Delgrande. By way of further response, Plaintiff Kathy Delgrande maintains that Defendant Valley Quarries was responsible for the injuries which Plaintiff sustained as set forth in Plaintiff's original Complaint. 17. This averment is addressed to another party and therefore no response is required by Plaintiff Kathy Delgrande. 18. Admitted. 19. Admitted. 20. Plaintiff Kathy Delgrande is unable to confirm or deny Additional Defendant's allegation that she was driving at or below the posted speed limit. The police accident report suggest that the Additional Defendant had estimated her speed as 50 miles per hour. 21. Plaintiff Kathy Delgrande is not certain what the Additional Defendant means by the allegation that road and weather conditions were favorable. Plaintiff Kathy Delgrande will admit that there were no adverse weather conditions such as rain, snow, fog, or other weather which 244986.1 ~vlEK'xMMM would have affected Additional Defendant Jump's driving. It is further admitted that the roadway was dry, however, construction was being undertaken on the highway with one lane closed as set forth in Plaintiff's Complaint. WHEREFORE, Plaintiffrespectfully request that this Honorable Court dismiss Additional Defendant's New Matter enter judgment in favor of Plaintiff and against Additional Defendant. I.D. No. 36513 4503 N. From Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 244986.1~IEK~VlMM VERIFICATION I, KATHY DELGRANDE, do hereby swear and affirm that the facts set forth in the foregoing Reply to New Matter is tree and correct to the best of our knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unswom falsification to authorities. Dated: I~4,"THY DE~~E CERTIFICATE OF SERVICF~ AND NOW, this 4~h day of September, 2002 I, Michelle M. Milojevich, an employee of Angino & Rovner, P.C., do hereby certify that I have served a tree and correct copy of the PLAINTIFF'S REPLY TO ADDITIONAL DEFENDANT'S NEW MATTER in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Harry D. McMunigal, Esquire Bingaman, Hess, Coblentz & Bell Treeview Corporate Center 2 Meridian Blvd., Ste. 100 Wyomissing, PA 19610 Attorney for Defendant Douglas Herman, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110-1533 Attorney for Additional Defendant Michelle M. Miloje/vich 244986.1 hMEKhMIVlM KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant JUDITH L. JUMP, Additional Defendant IN THE COURT OF CO}~MON PLEAS OF Cb%tBERLAND COUNTY, PENNSYLVA~IA N0-01-6185 CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be subs=antialiv i~ the following form; PETITION FOR A~POINTM~NT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael E. Kosik, Esquire , counsel for the plaintiff/,/~i~..~xin 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 a:tion is $ The counterclaim of the defendant in the actiou is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Jeffrey T. McGuire, 3631 N. Front St., Hbg., PA 17110-1533 and Harry D. McMunigal, 2 Meridian Blvd. Ste. 100, Treeview Corp- orate Center, Wycmzissing, PA 19610 ' WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom ~.he case shall be submitted. ~ubmit ted, ORDER OF COURT AND NOW, , 19 __, in consideration of the foregoing petition, Esq., Esq., and ,Esq., are appointed arbitrators in'the above-captioned action (or actions) as prayed for. By the Court, CC: Jeffrey T. McGuire, Esquire Harry D. McMunigal, Esquire Po KATHY DELGRANDE Plaintiff VALLEY QUARRIES, INC. Defendant JUDITH L. JUMP, Additional Defendant IN THE COURT OF CO~ON PLEAS OF C5%[BHRLAND COUNTY, PENNSYLVanIA : N0.01-6185 CIVIL 19 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially i'n :he following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael E. Kosik, Esquire , counsel for the plaintiff/~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 $ The countercla/m of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Jeffrey T. McGuire, 3631 N. Front St., Hbg., PA 17110-1533 and Harry D. McMunigal, 2 Meridian Blvd., Ste. 100, Treeview Corp- orate Center, Wyo~lissing, PA 19610 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT ESq., and /~ ~ ,Esq., are appoin=ed arbi=ra~ors in the ubmit ted, sik in consideration of the Esq., j above-cap=ioned action (or actions) as prayed for. CC: Jeffrey T. McGuire, Esquire Harry D. McMunigal, Esquire the Po KATHY DEL GRANDE IN THE COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA V. 01-6185 CIVIL VALLEY QUARIES, INC. Defendant Mo JUDITH L. JUMP Additional D~ IN RE: ARBITRA' ;fendant 'ION ORDER OFCOURT AND NOW, October 24, 2003, the appointment of Barbara Sumple- Sullivan, Esquire t6 the above-captioned arbitration panel is vacated, and Lauralee Baker, ESquire is Jeffrey T. McGuirei Esquire appointed in her stead. By the Court, Harry D. McMunig; Richard Stewart, E Alien Welch, Esqui Lauralee Baker, E,' Court Administrato d, Esquire squire, Chairman re ;quire KATHY DEL GRANDE Plaintiff IN RE: VALLEY QUARIES, INC. Defendant V. : JUDITH L. JUMP : Additional Defendant: ARBITRAiION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6185 CIVIL vacated, and Sh ~un J. Mumford, Esquire is appointed ORDER OF COURT AND NOW, OCtober 29, 2003, the appointment of Lauralee B. Baker, Esquire to the above-captioned arbitration panel is in her stead. By the Court, Jeffrey T. McGu!ire, Esquire Harry D. McMuni~al, Esquire ~Richard StewartI, Esquire, Allen Welch, Esquire Chairman Shaun J. Mumfozd, Esquire Court Administzator KATHY DELGRANDE, Plaintiff VALLEY QUARRIES, INC., Defendant JUDITH L. JUMP, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6185 JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discominued, and issue a Certificate of Settlement. I.D. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238;-6791 Attorney for Plaintiff Dated: 12/24/03 cc: Harry D. McMunigal, Esquire Jeffrey T. McGuire, Esquire