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HomeMy WebLinkAbout07-5376IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FREDDIE A. GORDON and MARY L. GORDON, his wife 175 Conaginna Estate Newville, Cumberland County, PA 17241, Plaintiff vs. GENE K. KELLER 561 Bloserville Road Newville, Cumberland County, PA 17241 and FROG SWITCH AND MANUFACTURING COMPANY 600 East High Street Carlisle, Cumberland County, PA 17013, Defendants No. Or/- 53%~O l.;i~~l TAM Civi! Action -Law PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass in the above case. Writ of Summons shall be issued and forwarded to Sheriff for service. Date: TO: GENE K. KELLER ~~.*. Counsel for P 'tiffs 96 South rge Street Suite rk!PA 17401 7) 852-8379 preme Court ID Number: 35554 SUMMONS IN CIVIL ACTION FROG SWITCH AND MANUFACTURING COMPANY YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Pnbthonotary. er c, iw ision Date: Q!l%y By eputy ~ ~ a ~ ~ * Ul ~ Q '"~ ,C J ~ ~ O ~t SL.1 D ~.. ~ ~ ~ M ~s vT ~ SHERIFF'S RETURN - REGULAR c CASE NO: 2007-05376 P ^COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GORDON FREDDIE A ET AL VS KELLER GENE K ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon FROG SWITCH AND MANUFACTURING COMPANY the DEFENDANT at 1455:00 HOURS, on the 14th day of September, 2007 at 600 EAST HIGH ST CARLISLE, PA 17013 DARRELL RUTH before me this day a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 Q/z~l`e? ~,,., 20.80 Sworn and Subscibed to of by handing to ADULT IN CHARGE So Answers: R. Thomas Kline 09/17/2007 MARTZ & GAILEY gy. Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR 1 ~ • CASE NO: 2007-05376 P 'COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GORDON FREDDIE A ET AL VS KELLER GENE K DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KELLER GENE K the DEFENDANT at 2000:00 HOURS, on the 12th day of September, 2007 at 561 BLOSERVILLE RD NEWVILLE, PA 17241 by handing to BETTY KELLER, WIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.64 Affidavit . 0 0 Surcharge 10.00 .00 ~JZy~~ ~" / 36.64 So Answers: /~ .~"""~' .~ ~~ R. Thomas Kline 09/17/2007 MARTZ & GAILEY Sworn and Subscibed to By: ~ before me this day Deputy Sheriff of A.D. BINGAMAN, HESS, COBLENTZ & BELL, P.C. HARRY D. MCMUNIGAL, ESQU[RE ATTORNEYS FOR DEFENDANTS IDENTIFICATION NO.: 38386 TREEVIEW CORPORATE CENTER SUITE 100, 2 MERIDIAN BLVD. WYOMISSING, PA 19610 610.374.8377 l/ 610.376.3105 (FACSIMILE) THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, his wife, Pl~.tintif_`s NO. 07-5376 v. GENE K. KELLER and FROG SWITCH AND MANUFACTURING COMPANY, Defendants JURY TRIAL DEMANDED CIVIL ACTION -LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO: Prothonotary of Cumberland County: Kindly enter a Rule on the Plaintiffs, Freddie A. Gordon and Mary L. Gordon to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non pros. BINGAMAN, HE OBLENTZ & BELL, P.C. 1 _ Harry D. c gal, Esquire Attorney for Defendants RULE AND NOW, this _~`~ day of ~_, 2007, a Rule is entered on Freddie A. Gordon and Mary L. Gordon to file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of non pros. PROTHONOTARY DATE: /%a~o7 S vK g 282734 n ~ ~c~` ~ cry .~_ . -~ . r- ~:~' ~. '~- ~;. .~ r-~ Cx1 -~ ~- BINGAMAN, HESS, COBLENTZ & BELL, P.C. HARRY D. MCMUNIGAL, ESQUIRE ATTORNEYS FOR DEFENDANTS IDENTIFICATION NO.: 38386 TREEVIEW CORPORATE CENTER SUITE 100, 2 MERIDIAN BLVD. WYOMISSING, PA 19610 610.374.8377 // 610.376.3105 (FACSIMILE) THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, his wife, NO. 07-5376 Plaintiffs v. : JURY TRIAL DEMANDED GENE K. KELLER and FROG SWITCH AND MANUFACTURING COMPANY, CIVIL ACTION -LAW Defendants ENTRY OF APPEARANCE Kindly enter my appearance as counsel for Defendants Gene K. Keller and Frog Switch and Manufacturing Company with offices located at Treeview Corporate Center, 2 Meridian. Boulevard, Suite 100, Wyomissing, PA 19610, as the place within the County of Berks where papers, process and notices maybe served. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Harry Munigal, Esquire Attorney r Defendants DATED: t°/l`'~c~"' 282734 N ~ Q K; V ~ ~A; ~ ~a? ~. ~ ~ ry ~' f ~ ~ ~~ „ ~ M,t ' ' 77 y ! ~ ~~ r... ~ ~ ~' N i~ . `-'t L.~ _ :<t_ ~ ~ ~:,, c ~' .~.. -< BINGAMAN, HESS, COBLENTZ & BELL, P.C. HARRY D. MCMUNIGAL, ESQUIRE ATTORNEYS FOR DEFENDANTS IDENTIFICATION NO.: 38386 TREEVIEW CORPORATE CENTER SUITE 100, 2 MERIDIAN BLVD. WYOMISSING, PA 19610 610.374.8377 // 610.376.3105 (FACSIMILE) THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, his wife, Plaintiffs NO. 07-5376 v. GENE K. KELLER and FROG SWITCH AND MANUFACTURING COMPANY, Defendants JURY TRIAL DEMANDED CIVIL ACTION -LAW PROOF OF SERVICE COUNTY OF BERKS ss. COMMONWEALTH OF PENNA. I, Malissa N. Young, do depose and say that I served true and correct copies of Defendants', Gene K. Keller and Frog Switch and Manufacturing Company, Interrogatories Addressed to Plaintiff, Freddie A. Gordon, Defendants', Gene K. Keller and Frog Switch and Manufacturing Company, Loss of Consortium Interrogatories Addressed to Plaintiff, Mary L. Gordon, and Defendants', Gene K. Keller and Frog Switch and Manufacturing Company, Request for Production of Documents Addressed to Plaintiffs on October~_, 2007, via U.S. First class mail addressed as follows: Gary D. Martz, Esquire 96 S. George St., Suite 430 York, PA 17401 Sworn to and subscribed before me this ~~' 'day of , 2007. Notary P blic CONAAMOiY AfEALTrI OF PENNSYLVANIA Notarial Seal Cruzita-Maria Pagan, Noi?ry Public Sprktg Twp., Barks County My Commtasiort Expires July 7, 2009 Member, Pennsylvania Association of Notaries Malissa N. Young C'y ''" ~' ~~ ~ ` ~ f ~ -~ _ __,~ _ ± • a ~ ^ ' ~` -i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. CORDON and MARY L. CORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants NOTICE TO DEFEND You have been sued in court. if you wish to defend against the claims set forth against you 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 default 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. Cumberland County Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 800-692-7375 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. CORDON and MARY L. CORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants : AVISO Usted Ha Sido Demandado en la Corte. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha en que recibio la demands y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la torte puede decidir en su contra sin mss aviso o notification por cualquier dinero reclamado en la demands o por cualiquier otra queja o compensation reclamados por el Demandante. Usted puede perder dinero, o propiedades u otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service PA Bar Association P.O. Box 186 Harrisburg, PA 17108 800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants PLAINTIFFS' COMPLAINT 1. Plaintiffs, Freddie A. Gordon and Mary L. Gordon, are married adult individuals residing at 175 Conaginna Estate, Newville, Cumberland County, Pennsylvania 17241 2. Defendant Gene K. Keller is an adult individual residing at 561 Bloserville Road, Newvi{le, Cumberland County, Pennsylvania 17241. 3. Defendant Frog Switch and Manufacturing Company is a corporation licensed to conduct business in the Commonwealth of Pennsylvania and/or dong business in the Commonwealth of Pennsylvania with offices andlor its principal place of business located at 600 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. On October 12, 2005 and at all times relevant hereto, Defendant Frog Switch and Manufacturing Company owned and/or was in exclusive custody, possession, andlor control of the real property and building(s) and/or other improvements thereon located at 600 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 5. On October 12, 2005 at the time of the subject incident described below and at all times relevant hereto, Defendant Gene Keller was an employee of Defendant Frog Switch and Manufacturing Company and was in the course and scope of his employment for Defendant Frog Switch and Manufacturing Company at 600 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 6. On October 12, 2005 at the time of the subject incident described below and at all times relevant hereto, Plaintiff Freddie A. Gordon was in the course and scope of his employment for A.C. Kuhn & Son, Inc. (not a party), and he was on the property of Defendant Frog Switch and Manufacturing Company described above for purposes of performing masonry and construction work for his employer on a large interior doorway of a building on said property, which work was requested by Defendant Frog Switch and Manufacturing Company. Plaintiff Freddie A. Gordon and a co-employee of Plaintiff had been on the property of Defendant Frog Switch and Manufacturing Company for two (2) days performing said masonry and construction work on the doorway and had scaffolding erected in the area of the doorway to perform the work when the subject incident described below occurred on the second day that Plaintiff Freddie A. Gordon was there. Said doorway on which they were working was over ten (10) feet wide and high. 7. On October 12, 2005 at approximately 10:30 a.m., Plaintiff Freddie A. Gordon was lying down on the concrete floor of the building striking mortar joints or blocks around said large doorway within Defendant Frog Switch and Manufacturing Company's building on the property described above with his right lower extremity extending from the doorway when the subject incident described below occurred. 8. On October 12, 2005 at approximately 10:30 a.m., Defendant Gene Keller was operating a forklift in the course and scope of his employment for and within Defendant Frog Switch and Manufacturing Company's building located on the property described above and was driving said forklift and/or backing up the forklift when he negligently and carelessly ran over Plaintiff Freddie A. Cordon's right lower extremity, causing injuries and damages as described hereinafter. Plaintiffs believe and aver that prior to this incident a supervisor for Defendant Frog Switch and Manufacturing Company had told Defendant Gene Keller that Plaintiff Freddie A. Gordon and his co-employee would be working on said doorway and/or that Defendant Gene Keller should not operate his forklift in the area where Plaintiff Freddie A. Gordon and his co-employee would be working on said doorway. 9. Solely as a result of said incident, Plaintiff Freddie A. Gordon suffered personal injuries including, but not limited to, the following: injuries to his right foot and/or right lower extremity including a fracture and displacement of the right fifth metatarsal resulting in open reduction and internal fixation surgery with bone grafting, with symptoms associated with the injury(ies) to his right foot/ right lower extremity. 10. Solely as a result of said incident and the injuries suffered by Plaintiff Freddie A. Gordon therein, Plaintiffs have been forced to incur medical expenses in medical treatment of the injuries which he suffered in this incident, and Plaintiff Freddie A. Gordon will or may continue to incur medical expenses in the future treatment of his injuries. 11. Solely as a result of said incident and the injuries suffered by Plaintiff Freddie A. Gordon therein, Plaintiff Freddie A. Gordon has suffered a loss of earnings and impairment of his earning capacity, and said loss of earnings and/or impairment of his earning capacity will or may continue into the future. 12. Solely as a result of said incident and the injuries suffered by Plaintiff Freddie A. Gordon therein, Plaintiff Freddie A. Gordon has undergone and in the future will or may continue to undergo mental and physical pain and suffering, a loss of enjoyment of life, cosmetic disfigurement, embarrassment, humiliation, and a limitation in his pursuit of his usual and customary daily activities, all to his great loss and detriment. 13. Plaintiff Freddie A. Gordon was in the course and scope of his employment with A.C. Kuhn & Son, Inc. at the time of the subject incident and as a result Plaintiff Freddie A. Cordon's employer and/or its workers' compensation insurance carrier has made payment of medical expenses and wage loss benefits to or on behalf of Plaintiff Freddie A. Gordon for which A.C. Kuhn & Son, Inc. and/or its workers' compensation insurance carrier have a recoverable subrogation lien in this action. 14. This matter is alleged to exceed the applicable limits of arbitration and a jury trial is hereby demanded. COUNTI FREDDIE A. GORDON v. GENE K. KELLER 15. Paragraphs one through fourteen (1 - 14) of this Complaint are incorporated herein by reference thereto. 16. On October 12, 2005 at the time of the subject incident described above and at all times relevant hereto, Defendant Gene Keller was in the course and scope of his employment for and was acting as a duly authorized agent, servant, and/or employee of Defendant Frog Switch and Manufacturing Company. 17. Said incident and the resulting injuries and damages to Plaintiffs were caused solely by the negligence and carelessness of Defendant Gene Keller and/or Defendant Frog Switch and Manufacturing Company and were due in no manner whatsoever to any act or failure to act on the part of Plaintiffs. 18. The negligence and carelessness of Defendant Gene Keller consisted of, but is not limited to, the following: a) Failure to use reasonable care of an ordinarily prudent person under the circumstances in the operation of the forklift which he was operating during the performance of his work for Defendant Frog Switch and Manufacturing Company resulting in the subject incident; b) Negligently and carelessly operating and driving the forklift without keeping a proper lookout and/or at a speed which was too fast for conditions within Defendant Frog Switch and Manufacturing Company's building in the immediate area where Plaintiff Freddie A. Gordon was working when it was not reasonably safe to do so because of Plaintiff Freddie A. Cordon's presence working in said doorway in that area of the facility described above such that Plaintiff Freddie A. Cordon's right foot and/or lower extremity was run over and injured by said forklift, when Defendant Gene Keller knew or should have known that Plaintiff Freddie A. Gordon was working in the doorway in that area when and where the subject incident occurred, when Defendant Gene Keller knew or should have known to be careful in operating the forklift in the immediate area where Plaintiff Freddie A. Gordon was working and that Plaintiff Freddie A. Gordon could be injured by the forklift, and when Defendant Gene Keller knew or should have known that Plaintiff Freddie A. Gordon would not be able to protect himself against the danger of the forklift being operated or driven in the immediate area where Plaintiff Freddie A. Gordon was working; c) Failure to warn Plaintiff Freddie A. Gordon that Defendant Gene Keller was going to operate and drive the forklift in the immediate area within Defendant Frog Switch and Manufacturing Company's building where Plaintiff Freddie A. Gordon was working in the doorway in close proximity to said forklift when Defendant Gene Keller knew or should have known that Plaintiff Freddie A. Gordon would not know or have reason to know that Defendant Gene Keller would operate or drive the forklift in this area of the building or in or near the doorway while Plaintiff Freddie A. Gordon was working in the doorway, when it was not reasonably safe to operate or drive the forklift in this area while Plaintiff Freddie A. Gordon was working in the doorway, when it was reasonably foreseeable to Defendant Gene Keller that Plaintiff Freddie A. Gordon may be injured as a result, and when Defendant Gene Keller knew or should have known that Plaintiff Freddie A. Gordon would not be able to protect himself from the danger of the forklift being operated or driven by Defendant Gene Keller in the immediate area where Plaintiff Freddie A. Gordon was working in Defendant Frog Switch and Manufacturing Company's facility; d) Negligence and carelessness at law; and e) Being otherwise negligent and careless under the circumstances and as discovery may reveal. WHEREFORE, Plaintiff Freddie A. Gordon respectfully requests this Honorable Court to enter judgment against Defendant Gene K. Keller an amount in excess of Thirty-Five Thousand Dollars ($35,000), plus costs and interest as allowed by law. COUNT II MARY L. GORDON v. GENE K. KELLER 19. Paragraphs one through eighteen (1 - 18) of this Complaint are incorporated herein by reference thereto. 20. Solely as a result of the negligence and carelessness of Defendant Gene Keller and the injuries suffered by her husband, Plaintiff Freddie A. Gordon, as a result of this subject incident, Plaintiff Mary L. Gordon has been and in the future will or may be deprived of the assistance, companionship, society, affection, love, services, and consortium of her husband, all to her great loss and detriment. WHEREFORE, Plaintiff Mary L. Gordon respectfully requests this Honorable Court to enter judgment against Defendant Gene K. Keller in an amount in excess of Thirty-Five Thousand Dollars ($35,000}, p{us costs and interest as allowed by law. COUNT III FREDDIE A. GORDON v. FROG AND SWITCH MANUFACTURING COMPANY 21. Paragraphs one through eighteen (1 - 18) of this Complaint are incorporated herein by reference thereto. 22. On October 12, 2005 and at all times relevant hereto, Defendant Frog and Switch Manufacturing Company acted through its duly authorized agents, servants, and/or employees. 23. Said incident and the resulting injuries and damages to Plaintiffs were caused ,solely by the negligence and carelessness of Defendant Gene Keller and/or Defendant Frog and Switch Manufacturing Company and were due in no manner whatsoever to any act or failure to act on the part of Plaintiffs. 24. Defendant Frog Switch and Manufacturing Company is vicariously liable for the negligence and carelessness of Defendant Gene Keller in the course and scope of his employment and/or agency for Defendant Frog Switch and Manufacturing Company, which negligence and carelessness caused the subject incident and Plaintiffs' resulting injuries and damages. 25. The negligence and carelessness of Defendant Frog and Switch Manufacturing Company consisted of, but is not limited to, the following: a) Failure to properly supervise or failure to properly oversee the work of Defendant Gene Keller in operating and driving a forklift in the area of Defendant Frog and Switch Manufacturing Company's building described above where Plaintiff Freddie A. Gordon was working resulting in the occurrence of the subject incident; b) Failure to use reasonable care in the selection of Defendant Gene Keller to operate and drive a forklift as described above resulting in the subject incident; c) Failure to properly train and/or instruct Defendant Gene Keller in operating and driving a forklift resulting in the subject incident; d) Negligently and carelessly allowing Defendant Gene Keller to operate and drive the forklift in the immediate area where Plaintiff Freddie A. Gordon was working on the doorway within Defendant Frog and Switch Manufacturing Company's facility described above when it was not reasonably safe to do so because of Plaintiff Freddie A. Cordon's presence in said doorway, when Defendant Frog Switch and Manufacturing Company knew or should have known that it was reasonably foreseeable that operating and driving a forklift in the area within Defendant Frog Switch and Manufacturing Company's facility where Plaintiff Freddie A. Gordon was working could cause injury to Plaintiff Freddie A. Gordon, and when Defendant Frog Switch and Manufacturing Company knew or should have known that Plaintiff Freddie A. Gordon would not be able to protect himself from the danger of the forklift being operated in the immediate area within Defendant Frog Switch and Manufacturing Company's building where Plaintiff Freddie A. Gordon was working; e) Failure to warn Plaintiff Freddie A. Gordon that Defendant Gene Keller was going to operate and drive a forklift in the immediate area where Plaintiff Freddie A. Gordon was working in the doorway within Defendant Frog Switch and Manufacturing Company's facility described above while Plaintiff Freddie A. Gordon was working in the doorway in close proximity to said forklift when Defendant Frog Switch and Manufacturing Company knew or should have known that Plaintiff Freddie A. Gordon would not know or have reason to know that Defendant Gene Keller would operate or drive a forklift in the immediate area where Plaintiff Freddie A. Gordon was working in the doorway, when it was not reasonably safe to operate or drive a forklift in the immediate area while Plaintiff Freddie A. Gordon was working in the doorway, when it was reasonably foreseeable to Defendant Frog Switch and Manufacturing Company that Plaintiff Freddie A. Gordon would be injured as a result, and when Defendant Frog Switch and Manufacturing Company knew or should have known that Plaintiff Freddie A. Gordon would not be able to protect himself from the danger of the forklift being operated and driven by Defendant Gene KeAer in the immediate area where Plaintiff Freddie A. Gordon was working; f) Failure to advise or instruct Defendant Gene Keller to not operate or drive a forklift in the immediate area where Plaintiff Freddie A. Gordon was working in the doorway described above or otherwise failing to prevent Defendant Gene Keller from operating a forklift in the immediate area where Plaintiff Freddie A. Gordon was working in the doorway of Defendant Frog Switch and Manufacturing Company's facility when it was not reasonably safe to operate a forklift in the immediate area were Plaintiff Freddie A. Gordon was working, when it was reasonably foreseeable that Plaintiff Freddie A. Gordon would be injured as a result, and when Defendant Frog Switch and Manufacturing Company knew or should have known that Plaintiff Freddie A. Gordon would not be able to protect himself against the danger of the forklift being operated in the immediate area where Plaintiff Freddie A. Gordon was working; g) Negligence and carelessness at law; and h) Being otherwise negligent and careless under the circumstances and as discovery may reveal. WHEREFORE, Plaintiff Freddie A. Gordon respectfully requests this Honorable Court to enter judgment against Defendant Frog Switch and Manufacturing Company in an amount in excess of Thirty-Five Thousand Dollars ($35,000), plus costs and interest as allowed by law. COUNT IV MARY L. GORDON v. FROG SWITCH AND MANUFACTURNG COMPANY 26. Paragraphs one through eighteen (1 - 18) and twenty-one through twenty-five (21 - 25) of this Complaint are incorporated herein by reference thereto. 27. Solely as a result of the negligence and carelessness of Defendant Gene Keller and/or Defendant Frog Switch and Manufacturing Company and the injuries suffered by her husband, Plaintiff Freddie A. Gordon, in this subject incident, Plaintiff Mary L. Gordon has been and in the future will or may be deprived of the assistance, companionship, society, affection, love, services, and consortium of her husband, all to her great loss and detriment. WHEREFORE, Plaintiff Mary L. Gordon respectfully requests this Honorable Court to enter judgment against Defendant Frog Switch and Manufacturing Company in an amount in excess of Thirty-Five Thousand Dollars ($35,000), plus costs and interest as allowed by law. Respectfully submitted, By: Date: /~ /~ O~ Gary D. M ,Esquire Counse r Plaintiffs 96 S th George Street S e 430 ork, PA 17401 (717) 852-8379 Supreme Court ID Number: 35554 ~ M IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. : No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants VERIFICATION We verify that the foregoing facts are true, upon our personal knowledge or information and belief. This verification is made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~l l Z O~ Freddie A. o on ary .Gordon 16 IN THE COURT OF COMMON PLEASOF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants CERTIFICATE OF SERVICE I hereb certif that I have this t~~ y y ~7 day of November, 2007, served a true and correct copy of the foregoing Complaint by placing a copy in the United States First Class Mail, directed to the office address of the following: Harry McMunigal, Esquire Bingaman Hess Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 By: Gary D. Martz squire Martz & G y LLP Couns or Plaintiffs 96 eorge Street, Suite 430 Y k, PA 17401 (717) 852-8379 I.D. No. 35554 p P ~ ~~~ .~; ~ S' ~ ~ ' ' -C3 .~G ~ ~ ~"~ ~ ~ -~ nn a ~ ~' '~7 .~ ~, Y ~ .~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. HARRY D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER SUITE 100, 2 MERIDIAN BLVD. WYOMISSING, PA 19610 610.374.8377 // 610.376.3105 (FACSIMILE) ATTORNEYS FOR DEFENDANTS THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, his wife, Plaintiffs NO. 07-5376 v. GENE K. KELLER and FROG SWITCH AND MANUFACTURING COMPANY, Defendants JURY TRIAL DEMANDED CIVIL ACTION -LAW STIPULATION It is hereby agreed to by and between counsel for Plaintiffs and counsel for Defendants that paragraphs 18(d), 18(e), 25(g) and 25(h) of Plaintiffs' Complaint are withdrawn. Gary D. Martz, Es ' e Martz & Gailey P Y ~~ gal, Esquire es , Coblentz & Bell, P.C. C ~ .~ :: ~. _i ..~~.t ~~ ... _ { . . »i.Y 6 3 ~ --- `~ .. ~~ _. _._ t~_.. t BINGAMAN, HESS, COBLENTZ & BELL, P.C. HARRY D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER SUITE 100, 2 MERIDIAN BLVD. WYOMISSING, PA 19610 610.374.8377 // 610.376.3105 (FACSIMILE) ATTORNEYS FOR DEFENDANTS THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, his wife, Plaintiffs NO. 07-5376 v. GENE K. KELLER and FROG SWITCH AND MANUFACTURING COMPANY, Defendants JURY TRIAL DEMANDED CNIL ACTION -LAW NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. BINGAMAN, HESS, COBLENTZ & BELL, P.C. l HARK CMUNIGAL, ESQUIlZE DATE: l ! ~~ ~~g BINGAMAN, HESS, COBLENTZ & BELL, P.C. HARRY D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER SUITE 100, 2 MERIDIAN BLVD. WYOMISSING, PA 19610 610.374.8377 // 610.376.3105 (FACSIMILE) ATTORNEYS FOR DEFENDANTS THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, his wife, Plaintiffs NO. 07-5376 v. JURY TRIAL DEMANDED GENE K. KELLER and FROG SWITCH AND MANUFACTURING COMPANY, CIVIL ACTION -LAW Defendants DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFFS' 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 Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant, is demanded at trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. It is admitted that answering Defendant Frog Switch and Manufacturing Company owned the property referenced in this paragraph. The remaining allegations of paragraph 6 are deemed denied pursuant to Pa.R.C.P. 1029. 7. It is admitted that answering Defendant Frog Switch and Manufacturing Company owned the property referenced in this paragraph. The allegations of paragraph 7 are deemed denied pursuant to Pa.R.C.P. 1029. 8. It is admitted that answering Defendant Gene Keller was operating a fork lift in the course and scope of his employment for answering Defendant Frog Switch and Manufacturing Company on property owned by Defendant Frog Switch and Manufacturing Company on the date and at the time stated. The remaining allegations of paragraph 8 are deemed denied pursuant to Pa.R.C.P. 1029. 9-13. Denied. The allegations of paragraphs 9 through 13 constitute conclusions of law to which no response is required. To the extent that responsive pleading is required, after reasonable investigation, answering Defendants are 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. 14. Denied. The allegations of paragraph 14 constitute conclusions of law to which no response is required. COUNTI 15. Defendants incorporate herein by reference as though fully set forth at length paragraphs 1 through 14 of their Answer. 16. Admitted. 17. Denied. The allegations of paragraph 17 constitute conclusions of law to which no response is required. 18. It is admitted that answering Defendant Gene. Keller was acting in the course and scope of his employment for Defendant Frog Switch and Manufacturing Company on the date and at the time stated. The remaining allegations of paragraph 18 are deemed denied pursuant to Pa.R.C.P. 1029. WHEREFORE, answering Defendants respectfully request that Plaintiffs' Complaint be dismissed with prejudice and costs. COUNT II 19. Defendants incorporate herein by reference as though fully set forth at length paragraphs 1 through 18 of their Answer. 20. Denied. The allegations of paragraph 20 constitute conclusions of law to which no response is required. To the extent that responsive pleading is required, after reasonable investigation, answering Defendants are 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. WHEREFORE, answering Defendants respectfully request that Plaintiffs' Complaint be dismissed with prejudice and costs. COUNT III 21. Defendants incorporate herein by reference as though fully set forth at length paragraphs 1 through 20 of their Answer. 22. Admitted. 23. Denied. The allegations of paragraph 23 constitute conclusions of law to which 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 admitted that Defendant Gene Keller was acting in the course and scope of his employment and/or agency for Defendant Frog Switch and Manufacturing Company on the date and at the time stated. The remaining allegations of paragraph 24 are deemed denied pursuant to Pa.R.C.P. 1029. 25. The allegations of paragraph 25 are deemed denied pursuant to Pa.R.C.P. 1029. WHEREFORE, answering Defendants respectfully request that Plaintiffs' Complaint be dismissed with prejudice and costs. COUNT IV 26. Defendants incorporate herein by reference as though fully set forth at length paragraphs 1 through 25 of their Answer. 27. Denied. The allegations of paragraph 27 constitute conclusions of law to which no response is required. To the extent that responsive pleading is required, after reasonable investigation, answering Defendants are 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. WHEREFORE, answering Defendants respectfully request that Plaintiffs' Complaint be dismissed with prejudice and costs. NEW MATTER 28. Plaintiffs' Complaint fails to state a claim upon which relief maybe granted. 29. Plaintiffs' claims, if any, maybe barred by the applicable statute of limitations. 30. Plaintiffs' claims, if any, may be barred and/or substantially reduced by the doctrines of assumption of the risk, contributory negligence and/or comparative negligence. 31. To the extent that Plaintiffs did sustain injuries as alleged, which allegations are specifically denied, then said injuries were caused by individuals other than answering Defendants and over whom answering Defendants had no control and/or by circumstances beyond answering Defendants' control. 32. Some or all of the claims raised by Plaintiffs herein may be barred and/or substantially reduced by the applicable provisions of the Pennsylvania Workers' Compensation Act, as amended. WHEREFORE, answering Defendants respectfully request that Plaintiffs' Complaint be dismissed with prejudice and costs. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Harry Munigal, Esquire Attorne r Defendants 10176-1066 VERIFICATION I, J~.- r-~~~_ ~ : ~~.~,, state that I am a representative of the Defendant, Frog Switch and Manufacturing Company in the within action and that the facts set forth in the foregoing Defendants' Answer with New Matter to Plaintiffs' Complaint 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 unsworn falsification to authorities. --~~~ Dated: I a I~~ (~ -..7 10176-1166 VERIFICATION I, Gene K. Keller, Defendant in the within action, state and aver that the facts set forth in the foregoing Defendants' Answer with New Matter to Plaintiffs' Complaint 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 unsworn falsification to authorities. _~~ ~ , ~o ~' x. '''' I ~. Gene K. Keller Dated: ~ -a~~ BINGAMAN, HESS, COBLENTZ & BELL, P.C. HARRY D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 38386 TREEVIEW CORPORATE CENTER SUITE 100, 2 MERIDIAN BLVD. WYOMISSING, PA 19610 610.374.8377 // 610.376.3105 (FACSIMILE) ATTORNEYS FOR DEFENDANTS THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, his wife, Plaintiffs v. GENE K. KELLER and FROG SWITCH AND MANUFACTURING COMPANY, Defendants NO. 07-5376 JURY TRIAL DEMANDED CNIL ACTION -LAW CERTIFICATE OF SERVICE I, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing Defendants' Answer with New Matter to Plaintiffs' Complaint was mailed by United States first class mail, postage prepaid upon the following party(ies): Gary D. Martz, Esquire Martz & Gailey LLP 96 South George Street, Suite 430 York, PA 17401 l Harry D. McM ig squire DATE: J ~ ~ ~ ~~'~ ~"~_ n.,~ Y~ ~ `"7 f i ~ ~ ~^ .. (; 4i I ^ ~ .. ~ ` ? ;r +. .° _.'i ~;^ .. ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants CERTIFICATE OF SERVICE I hereby certify that I have this ay of February, 2008, served a true and correct copy of the foregoing Answers of Plaintiff Mary Gordon to Defendants' Interrogatories by placing a copy in the United States First Class Mail, directed to the office address of the following: Harry McMunigal, Esquire Bingaman Hess Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 By G _y_ Gary D. Ma squire Martz & G ' ey LLP Couns or Plaintiffs 96 .George Street, Suite 430 Y rk, PA 17401 (717) 852-8379 I.D. No. 35554 ~ -r ~ : ~ ~ 0 _ ~ :~ .... ~ °r' - . -~ e . ~ .. a 1 J xY ~.~ , ~~ ~~ ~~ .....~,. .~.C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants CERTIFICATE OF SERVICE I hereby certify that I have this day of February, 2008, served a true and correct copy of the foregoing Answers of Plaintiff Freddie Gordon to Defendants' Interrogatories by placing a copy in the United States First Class Mail, directed to the office address of the following: Harry McMunigal, Esquire Bingaman Hess Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 By: Gary D. Martz, E ire Martz & Gaile P Counsel for laintiffs 96 S. Ge ge Street, Suite 430 York, P 17401 (717) 52-8379 I.D. No. 35554 ~~ ~`~~-r " m ""r't -: ~ r "` r:a `. c ~_: ` t ~ ^-r? C ~~~±> N ~, -_ ..~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants CERTIFICATE OF SERVICE I hereby certify that I have this ~~~ay of February, 2008, served a true and correct copy of the foregoing Response to Defendants' Request for Production of Documents by placing a copy in the United States First Class Mail, directed to the office address of the following: Harry McMunigal, Esquire Bingaman Hess Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 By: Gary D. Ma squire Martz & G ' ey LLP Couns or Plaintiffs 96 eorge Street, Suite 430 Y k, PA 17401 ( 17) 852-8379 I.D. No. 35554 ~ Y ~r t i ~ f a ry .' , ~" i t~7 .i".. .c. ':T ~~ Y-.~ \ ~ ...,„ ..~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ' PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants PLAINTIFFS' REPLY TO NEW MATTER 28. Denied. It is denied that Plaintiffs' Complaint fails to state a cause of action or claim upon which relief may be granted. On the contrary, Plaintiffs' Complaint specifically avers a cause of action against Defendant Gene Keller for negligence and carelessness in the operation of the forklift which he was operating in the course and scope of his employment for Defendant Frog Switch and Manufacturing Company at the time of the subject incident resulting in the subject incident and Plaintiffs' resulting injuries and damages, and Plaintiffs' Complaint specifically avers a cause of action against Defendant Frog Switch and Manufacturing Company for vicarious liability as the employer of Defendant Gene Keller who was acting in the course and scope of his employment for Defendant Frog Switch and Manufacturing Company at the time of the subject incident. The pertinent allegations of Plaintiffs' Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 29. Denied. It is denied that Plaintiffs' claims may be barred by the applicable statute of limitations. On the contrary, Plaintiffs timely initiated the subject action by filing a Praecipe for Summons with the Cumberland County Prothonotary on September 10, 2007, which is within the applicable two (2) year statute of limitations from the date of the subject incident which occurred on October 12, 2005. Said Summons was then timely and properly served upon both Defendants. Then, following the issuance of a Rule to File Complaint issued by the Cumberland County Prothonotary at Defendants' request, Plaintiffs timely filed and served their Complaint in this case. Strict proof of Defendants' allegation is demanded at trial. 30. Denied. It is denied that Plaintiffs' claims may be barred and/or substantially reduced by the doctrines of assumption of the risk, contributory negligence and/or comparative negligence. It is denied that Plaintiff Freddie A. Gordon was in any way negligent or careless in the occurrence of the subject incident or his resulting injuries and damages and on the contrary, as averred in Plaintiffs' Complaint, the subject incident and Plaintiffs' resulting injuries and damages were caused solely by the negligence and carelessness of Defendant Gene Keller in the course and scope of his employment for Defendant Frog Switch and Manufacturing Company. The pertinent allegations of Plaintiffs' Complaint in this regard are incorporated herein by reference thereto. It is further denied that Plaintiffs voluntarily and knowingly assumed the risk of the subject incident occurring and denied that Plaintiff Freddie A. Gordon knew or should have known that Defendant Gene Keller was going to be negligent and careless in the operation of the forklift which he was operating resulting in the subject incident and Plaintiffs' resulting injuries and damages and further denied that Plaintiffs knew or should have known of the extent of injuries and damages which would be caused by the negligence and carelessness of Defendant Gene Keller in the operation of the forklift which he was operating at the time of the subject incident in the course and scope of his employment for Defendant Frog Switch and Manufacturing Company. Strict proof of Defendants' allegations is demanded at trial. 31. Denied. It is denied that Plaintiffs' injuries and damages were caused by individuals or entities other than Defendants or individuals or entities over whom Defendants had no control and/or by circumstances beyond Defendants' control. On the contrary, as averred in Plaintiffs' Complaint, said incident and Plaintiffs' resulting injuries and damages were caused solely by the negligence and carelessness of Defendant Gene Keller in the course and scope of his employment for Defendant Frog Switch and Manufacturing Company and were not caused by any other individuals or entities other than Defendants. The pertinent allegations of Plaintiffs' Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. 32. Denied. It is denied that some or all of Plaintiffs' claims may be barred and/or substantially reduced by the applicable provisions of the Pennsylvania Workers' Compensation Act, as amended. Rather, the provisions of the Pennsylvania Workers' Compensation Act do not in any way bar or limit Plaintiffs' claims for injuries and damages as averred in Plaintiffs' Complaint, and under the law of this Commonwealth the workers' compensation carrier for Plaintiff Freddie A. Cordon's employer has a recoverable subrogation lien in this action for the amount of workers' compensation indemnity or wage loss benefits and medical benefits paid as a result of Plaintiff Freddie Cordon's accident- related injuries and resulting period of disability and wage loss and medical expenses incurred by Plaintiff Freddie Gordon in medical treatment of his accident-related injuries and conditions and associated symptoms. The pertinent allegations of Plaintiffs' Complaint in this regard are incorporated herein by reference thereto. Strict proof of Defendants' allegation is demanded at trial. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss and deny Defendants' New Matter and enter judgment against Defendants and in favor of Plaintiffs as requested in Plaintiffs' Complaint. Respectfully submitted, By: Date:~~D~ Gary D. Mart , squire Counsel Plaintiffs 96 S h George Street S ' e 430 ork, PA 17401 (717) 852-8379 ID Number: 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. GENE K. KELLER and FROG SWITCH AND MANUFACTURING COMPANY Defendants VERIFICATION No. 07-5376 Civil Action -Law I, Gary D. Martz, Esquire, do hereby verify that I am the Attorney of Record for the pleading parties herein, and that the facts set forth in the foregoing Plaintiffs' Reply to New Matter are true and correct to the best of my knowledge, information and belief, upon information supplied and that Plaintiffs' signatures could not be obtained within the time required for the filing of this pleading. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Dated: ~' O~ gy. Gary D. Ma squire Martz & iley LLP Coun I for Plaintiffs 96 S. George Street, Suite 430 York, PA 17401 (717) 852-8379 I.D. No. 35554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants : CERTIFICATE OF SERVICE I hereby certify that I have this ~l- da of Februa 2 1~ y ry, 008, served a true and correct copy of the foregoing Plaintiffs' Reply to New Matter by placing a copy in the United States First Class Mail, directed to the office address of the following: Harry McMunigal, Esquire Counsel for Defendant Bingaman Hess Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 By: -~- ~ Gary D. Martz squire Martz & G y LLP Couns or Plaintiffs 96 .George Street, Suite 430 Y rk, PA 17401 ( 17) 852-8379 I.D. No. 35554 C~ ~ U u i'iE -n ~ r~i ~' - -~ r~ ~; „ _ . s ~ _..1~~ f_ -i C.,~ ~ ~ C ~ ~'.;; ~' t-r'a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. : No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants PRAECiPE TO SUBSTITUTE VERIFICATION To the Prothonotary: Please substitute the attached Verification signed by Plaintiffs Freddie A. Gordon and Mary L. Gordon for the Verification of Gary D. Martz, Esquire, regarding Plaintiffs' Reply to New Matter in the above-captioned case. Respectfully submitted, By: Date: Gary D. Martz, quire Martz & G y, LLP Couns or Plaintiffs 96 S uth George Street Suitt 430 York, PA 17401 717-852-8379 ID# 35554 F. ~ IN THE COURT OF COM PENNSYLVANIA UMBERLAND COUNTY, FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants VERIFICATION We verify that the foregoing facts in the Plaintiffs' Reply to New Matter are true, upon our personal knowledge or information and belief. This verification is made subject to the penalties of Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: ~,,( (~ (Q-g' reddie A. Gordon M ry L ordon '''~,'~ ,,,,,,,.n ~lh. .. ---- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants CERTIFICATE OF SERVICE I hereby certify that I have this,~~/ d of February 2008, served a true and correct copy of the foregoing Praecipe to Substitute Verification regarding Plaintiffs' Reply to New Matter by placing a copy in the United States First Class Mail, directed to the office address of the following: Harry McMunigal, Esquire Bingaman Hess Treeview Corporate Center 2 Meridian Boulevard, Suite 100 Wyomissing, PA 19610 By: Gary D. Martz, uire Martz & Gai LLP Counsel r Plaintiffs 96 S eorge Street, Suite 430 PA 17401 (717) 852-8379 I.D. No. 35554 ra ~ -~ " ma C? c ~ c.. ~ ' ~. ~ ~ -re ..- ~ ~3 ~,~ ~ ~ tS; ._~~ ~ ~. ~ C- ' ~ ~ d . -G .J .w' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDDIE A. GORDON and MARY L. GORDON, His wife Plaintiffs vs. No. 07-5376 GENE K. KELLER and FROG SWITCH AND :Civil Action -Law MANUFACTURING COMPANY Defendants PRAECIPE TO REMOVE To the Prothonotary: (X )Please mark the above captioned action as settled and satisfied. Please issue a Certificate of Satisfaction. OR ( )Please mark the above captioned judgment or lien settled or satisfied. Gary D. Mart squire Attorney f laintiffs 96 S George Street Sui 430 York, PA 17401 (717) 852-8379 I.D. #35554 Dated: ~ D 1, COr~Fis ~. Lo Prothonotary of the Court of Common Pleas of Cumberland County, Pennsy at~i nia, do hereby acknowledge that the above-mentioned case settled, discontinued and ended on the ~t+- day of aril , 200. In witness whereof I have hereunto set my hand and seal of said Court this k day of ~ r; I , 200. 0 C ~,+~'- c°~, ~~ ~ ~+'~ 1 ~ ~~ . F.7 3 „~ ~ ~f ~ ~