The URL can be used to link to this page

Home My WebLink About03-6325 BRYAN L. BOAS, and his wife, KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. ("'):1, - I~~::{,r BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., JURY TRIAL DEMANDED Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objectious to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT illRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYL V ANlA 17013 717/249-3168 A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se persentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a , las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falIa de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Used puede perder dinero 0 propiedad u otros derechos importantes para used. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUN1Y BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE. PENNSYL V ANlA 17013 717/249-3168 267435.1 \TSH\JSS BRYAN L. BOAS, and his wife, KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. CIVIL ACTION - LAW NO.(')"), -leJ;2C; (}lu'~l~~ JURY TRIAL DEMANDED BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., Defendants COMPLAINT I. Plaintiffs Bryan L. and Kelly Boas are adults residing in Dover, York County, Pennsylvania. 2. Defendant Bestline Equipment, Inc., is a profit-making corporation specializing in the rental of construction equipment with its major rental office located at 5120 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant JLG Industries, Inc., is a large profit-making corporation with headquarters located in McConnellsburg, Fulton County, Pennsylvania. Defendant JLG owns a large facility in Shippensburg, Cumberland County, Pennsylvania, and regularly conducts business in Cumberland County. 4. Defendant Hershocks, Inc., is a profit-making corporation primarily involved in the installation of windows located in Harrisburg, Dauphin County, Pennsylvania. 5. The instrumentality causing Plaintiffs accident, a JLG boomlift, was leased by Defendant Bestline to Defendant Hershocks from and through Bestline's facility in Mechanicsburg, Cumberland County, Pennsylvania. 6. On May 21,2003, Plaintiff Bryan L. Boas was working as a carpenter at a large construction project at Kutztown University. 267435. I ITSHVSS 16. Since the time of his accident, Mr. Boas has been unable to work. Further, he has developed infections in the bone sites, which has further complicated his recovery. 17. As a direct result ofthe incident, Bryan L. Boas has suffered the following damages: (a) loss of past income; (b) loss of future income; (c) loss of earning capacity; (d) past medical and related expenses; (e) future medical and related expenses; (f) humiliation and disfigurement; (g) loss oflife's pleasure; (h) past pain and suffering; and (i) present and future pain and suffering. 18. As a direct result of her husband's injuries, Kelly Boas has suffered a loss of companionship, guidance, and consortium. BRYAN L. BOAS and his wife. KELLY BOAS v. BESTLlNE EQUIPMENT. INC. COUNT I 19. Paragraph I through 18 are incorporated herein by reference. 20. Defendant Bestline Equipment, Inc. as a lessor ofthe JLG eighty-(80) foot boomlift which collapsed in Plaintiff's accident is liable to Bryan L. and Kelly Boas for damages alleged herein under section 402 A of the Restatement of Torts, as the damages were directly and proximately caused by defects in the lift supplied by Defendant in: 267435.1\TSH\JSS 267435.1 \TSH\JSS (a) supplying the product in the condition whereby it malfunctioned by collapsing upon itself during its intended and foreseeable use in the absence of any reasonable secondary cause; (b) supplying a product wherein the components moving and supporting the boom structure were insufficient to withstand the ordinary, expected or foreseeable forces to which the boom would be subjected during its intended and foreseeable uses; (c) supplying a product in which the bolts which fasten the extension chain to the upper most stage of the boomlift were of insufficient strength to withstand the forces to which the boom would be subjected during its intended and foreseeable uses; (d) supplying a boomlift to Hershocks 10 which the components of the mechanism attaching the extension chain to the upper most stage of the boom were in a defective condition; (e) supplying a boomlift to Hershocks without assunng the structural elements needed to maintain the boom in an extended position without collapsing, including, but not limited to the components attaching the chain to the upper most stage ofthe boom, were in a safe condition; (f) supplying structural elements of the boomlift, including but not limited to brackets and bolts holding the extension chain to the uppermost stage, which were not in safe working order; (g) supplying a boomlift to Hershocks in which the components and structures necessary to support the operator's basket above the ground had been subjected to excessive forces without correcting the consequences of those forces on the structural mechanism; (h) supplying a boomlift which was not designed in a fail-safe fashion such that failure would not result in collapse of the boom with men in the basket; (i) supplying a boomlift which was not in compliance with OSHA, ANSI or SIA standards; G) supplying a boomlift which did not contain the instructions and warnings relating to inspecting, maintaining or correcting damage to, the components and structures necessary to support the operator's basket above the ground; (k) failing to provide Hershocks or other users with instructions concerning the circumstances under which incidents involving forces applied to the boom or structural components necessary to keep the boom from collapsing would require inspection, reporting to the manufacturer or lessor or other corrective action; (I) supplying a boomlift which lacked all elements necessary to make it safe for its intended and foreseeable uses; and (m) supplying a boomlift which contained elements which made it unsafe for its intended and foreseeable uses. 21. Defendant Bestline is also liable to Plaintiffs for the damages herein which were directly and proximately caused by the negligence ofthe Defendant's employees, servants, agents, and ostensible agents in: 267435.1\TSHliSS 267435. I ITSHVSS (a) failing to fully and properly inspect all structural elements of the boom prior to leasing the subject boomlift to Hershocks; (b) failing to comply with the manufacturer's recommended inspection and maintenance ofthe structural elements including the boom and bolts on the subject lift in the time and fashion recommended by the manufacturer; (c) failing to identify and replace damaged structural elements including but not limited to the bolts which hold the chain to the upper stage of the boomlift; (d) failing to dismantle the boom and maintain all structural elements, needed to keep the boom from collapsing on a reasonable basis; (e) failing to detect that bolts and/or structural components necessary to keep the boom from collapsing during intended uses were either backed off or were damaged, prior to renting the boom to Hershocks; (f) causing damage to the bolts and/or structural components necessary to keep the boom from collapsing during intended uses; (g) failing to conduct an inspection to determine whether the bolts which secured the chain to the upper stage of the boom had backed off or were damaged prior to rental to Hershocks; (h) failing to provide adequate written instructions or warnings to Hershocks concerning inspection of the bolts and/or structural components necessary to keep the boom from collapsing during intended uses, during the period of rental; 267435. I ITSHVSS (i) failing to fulfill its responsibilities to assure the lift was inspected, maintained, and operated in the fashion required under ANSI, SIA or OSHA standards before and during the period it was rented by Hershocks; (j) failing to fulfill its responsibilities to assure the lift was inspected, maintained, and operated in the fashion recommended or required by the manufacturer before or during the period it was rented to Hershocks; (k) failing to provide or instruct its lessee ofthe need to train and/or limit use of the boomlift to trained or qualified operators; (I) failing to instruct or warn Hershocks or other users of dangers associated with excessive force being applied to the basket, boom or related structural components during ordinary use; (m) failing to provide Hershocks or other users with instructions concerning the circumstances under which incidents involving forces applied to the boom or structural components necessary to keep the boom from collapsing would require inspection, reporting to the manufacturer or lessor or other corrective action; (n) failing to provide maintenance and inspection instructions to the lessor of the boom to assure the structural components needed to keep the boom from collapsing during foreseeable uses, were in safe working order; and (0) failing to perform ordinary required maintenance to maintain the structural integrity of the boom or the elements which maintain the boom in an upright position. WHEREFORE, Plaintiffs, Bryan L. Boas and Kelly Boas, demand judgment against Defendant Bestline Equipment Company, Inc. for compensatory damages in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. BRYAN L. BOAS and his wife KELLY BOAS v. JLG INDUSTRIES. INC. COUNT II 22. Paragraphs I through 18 and Count I are incorporated herein by reference. 23. Defendant JLG is liable to Plaintiffs for the injuries alleged herein under Section 402 A of the Restatement of Torts for supplying, manufacturing, and designing a lift which was defective in: (a) supplying the product in the condition whereby it malfunctioned by collapsing upon itself during its intended and foreseeable use in the absence of any reasonable secondary cause; (b) supplying a product wherein the components moving and supporting the boom structure were not sufficient to withstand the ordinary, expected or foreseeable forces to which the boom would be subjected during its intended and foreseeable uses; (c) designing the subject boomlift III a manner whereby the components supporting the basket in which the operator was stationed above the ground were insufficient to withstand the ordinary, expected or foreseeable forces to which the basket and supporting structures would be subjected during its intended and foreseeable uses; 267435.1 \TSH\JSS 267435.IITSINSS (d) supplying a product in which the bolts which fasten the extension chain to the upper most stage of the boomlift were of insufficient strength to withstand the forces to which the boom would be subjected during its intended and foreseeable uses; (e) designing a product in which the components and system used to fasten the extension chain to the upper most stage of the boomlift were of insufficient strength to withstand the forces to which the boom would be subjected during its intended and foreseeable uses; (f) supplying a lift in which the components of the mechanism attaching the extension chain to the upper most stage of the boom were in a defective condition; (g) marketing a boomlift without assuring the structural elements needed to maintain the boom in an extended position without collapsing, including, but not limited to the components attaching the chain to the upper most stage of the boom, were of a design and construction to withstand foreseeable use without collapsing; (h) supplying structural elements of the boomlift, including but not limited to brackets and bolts holding the extension chain to the uppermost stage, which were not in safe working order; (i) supplying a boomlift to Hershocks in which the components and structures necessary to support the operator's basket above the ground had been subjected to excessive forces without correcting the consequences of those forces on the structural mechanism; (j) supplying a boomlift which was not designed in a fail-safe fashion such that failure would not result in collapse of the boom with men in the basket; (k) supplying a boom lift which was not in compliance with OSHA, ANSI or SIA standards; (I) supplying a boomlift which did not contain adequate and complete instructions and warnings relating to inspecting, maintaining or correcting darnage to the components and structures necessary to support the operator's basket above the ground; (m) failing to provide users of its lift with instructions concerning the circumstances under which incidents involving forces applied to the boom or structural components necessary to keep the boom from collapsing would require inspection, reporting to the manufacturer or lessor or other corrective action; (n) supplying a boomlift which lacked all elements necessary to make it safe for its intended and foreseeable uses; and (0) supplying a boomlift which contained elements which made it unsafe for its intended and foreseeable uses. WHEREFORE, Plaintiffs, Bryan L. Boas and Kelly Boas, demand judgment against Defendant JLG Industries, Inc., for compensatory damages in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. 267435.1 \TSH\JSS BRYAN L. BOAS. and his wife. KELLY BOAS v. HERSHOCKS. INC. COUNT III 24. Paragraphs I through 18 and Count I and Count II are incorporated herein by reference. 25. Defendant Hershocks is liable to Plaintiffs for injuries alleged herein which were directly and proximately caused by negligence of Hers hocks, Inc. employees, servants, agents, and apparent agents in: (a) damaging the components necessary to prevent the boom from collapsing on the JLO boomlift involved in Plaintiffs accident prior to the accident; (b) failing to report damage to the boomlift to Bestline or JLG; (c) failing to report damage to the boomlift to Plaintiff or Plaintiffs employer up to the time of Plaintiffs accident; (d) lending the boomlift to other users without instructions, wamings or knowledge ofthe experience, skill or qualifications of those who would be using the lift; (e) permitting its own employees to use the lift without instructions, warnings or training, or without knowledge of the experience, skill or qualifications ofthose who would be using the lift; (f) failing to use reasonable means to control or limit the persons on the job site who could and did use the boomlift, during the period it was leased to Defendant Hershocks; 267435, I ITSHIJSS 267435. I ITSHVSS (g) failing to properly inspect the structural components of the lift prior to supplying it to Plaintiff; (h) operating the lift in a manner inconsistent with the manufacturer's recommendations; (i) failing to take reasonable steps that persons operating the lift during the period it was leased to Hershocks operated the lift in the manner consistent with the manufacturer's manuals, recommendations, and instructions; (j) failing to fulfill its responsibilities to assure the lift was inspected, maintained, and operated in the fashion required under ANSI, SIA or OSHA standards during the period it was rented by Hershocks; (k) failing to fulfill its responsibilities to assure the lift was inspected, maintained, and operated in the fashion recommended or required by the manufacturer; and (I) failing to fulfill its responsibilities to assure the lift was inspected, maintained, and operated in the fashion recommended or required by Defendant's rental agreement with Bestline. WHEREFORE, Plaintiffs, Bryan L. Boas and Kelly Boas, demand judgment against Defendant Hershocks, Inc., for compensatory damages in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, Date: /~/'-0:? ANGINO & ROVNER, P.C. ~&q""" I.D~~' 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs 267435. 1 \TSHVSS VERIFICATION We, Bryan L. Boas and Kelly Boas, Plaintiffs, have read the foregoing documents and do hereby swear and affirm to the facts set forth in the foregoing are within my knowledge and true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Bi2B!-:S Witness: NIlQLtOf.::J f{c~CtA t5 0 Q/~ Kelly Boas \j Witness: ~-------L I? - FINEMAN KREKSTEIN & HARRIS, P .C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMAB. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Deflmdant Bestline Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY . Plaintiffs CIVIL ACTION v. No. 03-6325 BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. . Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant Bestline Equipment, Inc. in the above-captioned matter. JURY TRIAL DEMAND TO THE PROTHONOTARY: Demand is hereby made for a jury of twelve (12) people in the above-captioned matter. FINEMAN KREKSTEIN & HARRIS, P.c. BY~+ JA' B Y L S HEMAB. PAl December 29,2003 Attorneys for Defendant Bestline Equipment, Inc. (") ,...., ff1 = c = ~;: ..r- -r.."I1Ti c... :t':n 'Tit )>. ~~ -7 "". ;e -"''',- , (J? ~-'; (Jl . r:~ -'-r,- -. -0 :t:-H ~f2 ::J!;; ~i5 N Om --{ ~ ']::'. N :u --<. (..) -< KELLY, MCLAUGHLIN, FOSTER, BRACAGLlA, DALY, TRABUCCO & WHITE, LLP BY: JOSEPH P. TRABUCCO, ESQUIRE Identification No. 44245 FRANCIS G. LAROCCA, ESQUIRE Identification No. 51282 620 West Germantown Pike Suite 350 Plymouth Meeting, PA 19462 (215) 790-7900 Attorneys for Defendant: JLG Industries, Inc. BRYAN L. BOAS, and his wife, KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs NO. 03-6325-Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC., and HERSHOCKS, INC. JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, JLG Industries, Inc., in reference to the above-captioned matter. JURY TRIAL DEMAND Defendant, JLG Industries, Inc., hereby demands a jury trial of twelve (12) in reference to the above-captioned matter. KELLY, MCLAUGHLIN, FOSTER, BRACAGLlA, DALY, TRABUCCO & WHITE, LLP DATED: Janu /~c -. JOSE H P. TRABUCCO ni;_ "-' f"<' C:~.) '-:>., c,~ " c.. 1'-' !'-0 2~':: c:'" .[.;" - To: Plaintiff & Defendants YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AINSl 11.' KELLY, MCLAUGHLIN, FOSTER, BRACAGLlA, DALY, TRABUCCO & WHITE, LLP BY: JOSEPH P. TRABUCCO, ESQUIRE Identification No. 44245 FRANCIS G. LAROCCA, ESQUIRE Identification No. 51282 620 West Germantown Pike Suite 350 Plymouth Meeting, P A 19462 (215) 790-7900 Attorneys for Defendant: JLG Industries, Inc. BRYAN L. BOAS, and his wife, KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A vs BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC., and HERSHOCKS, INC. NO. 03-6325-Civil Term JURY TRIAL DEMANDED ANSWER, NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.c.P. 2252(d) OF DEFENDANT, JLG INDUSTRIES. INC.. TO PLAINTIFFS' COMPLAINT Defendant, JLG Industries, Inc., by and through its attorneys, Kelly, McLaughlin, Foster, Bracaglia, Daly, Trabucco & White, LLP, files the following Answer to Plaintiffs' Complaint with New Matter and New Matter pursuant to Pa.R.C.P. 2252(d) and avers as follows: I. After reasonable investigation as to the averments of Paragraph 1, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time of trial. 2. Insofar as the averments of Paragraph 2 of Plaintiffs' Complaint are directed to a party other than JLG Industries, Inc., answering denies said averments in their entirety and demands strict proof thereof without the necessity of a further responsive pleading. 3. As to the averments of Paragraph 3, and while it is admitted that JLG Industries is a corporation that conducts business in facilities located in McConnellsburg, Fulton County, Pennsylvania. and Shippensburg, Cumberland County, Pennsylvania, the remainder of the averments of Paragraph 3 are based upon vague and undefined terms, hence, said allegations are denied in their entirety and strict proof thereof is demanded at time of trial. 4. Insofar as the averments of Paragraph 4 of Plaintiffs' Complaint are directed to a party other than JLG Industries, Inc., answering denies said averments in their entirety and demands strict proof thereof without the necessity of a further responsive pleading. 5. As to the averments of Paragraph 5 of the Plaintiffs' Complaint, and because the "instrumentality" that is referenced in this Paragraph is not identified by model number, serial number, or any other identifying characteristic that is meaningful to JLG Industries, Inc., answering Defendant denies each and every allegation of the Plaintiffs' Complaint which is based, in whole or in part, upon the within-referenced identity of the product that was allegedly involved in the Plaintiffs accident. Without waiver ofthe foregoing, and to the extent that the "instrumentality" that is referred to 2 in the Plaintiffs' Complaint is proved at time oftrial to have been provided by answering Defendant, which is denied, then it is specifically denied that said product caused the Plaintiffs accident in any manner whatsoever and particularly as alleged by the Plaintiffs herein. On the contrary, said product was safe for its intended use and did not cause any injuries or damages that were allegedly sustained by the Plaintiff. As to the remainder of the averments of Paragraph 5, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of those averments, hence they are denied and strict proof thereof is demanded at time of trial. 6. After reasonable investigation as to the averments of Paragraph 6, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time of trial. 7. After reasonable investigation as to the averments of Paragraph 7, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time oftrial. 8. After reasonable investigation as to the averments of Paragraph 8, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time of trial. 9. As to the averments of Paragraph 9 of the Plaintiffs' Complaint, and because the "eighty-(80) foot boomlift" that is referenced in this Paragraph is not identified by 3 model number, serial number, or any other identifying characteristic that is meaningful to JLG Industries, Inc., answering Defendant denies each and every allegation of the Plaintiffs' Complaint which is based, in whole or in part, upon the within-referenced identity ofthe "eighty-(80) foot boomlift" that was allegedly involved in the Plaintiff's accident. Strict proof as to these allegations is demanded at time of trial. 10. After reasonable investigation as to the averments of Paragraph 10, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time of trial. 11. As to the averments of Paragraph 11 of the Plaintiffs' Complaint, and because the "JLG eighty-(80) foot boomlift" that is referenced in this Paragraph is not identified by model number, serial number, or any other identifying characteristic that is meaningful to JLG Industries, Inc., answering Defendant denies each and every allegation of the Plaintiffs' Complaint which is based, in whole or in part, upon the within-referenced identity of the "JLG eighty-(80) foot boomlift" that was allegedly involved in the Plaintiffs accident. Strict proof as to these allegations is demanded at time oftrial. As to the remainder ofthe averments of Paragraph 11, answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of those averments, hence they are denied and strict proof thereof is demanded at time of trial. 12. After reasonable investigation as to the averments of Paragraph 12, answering Defendant is without knowledge or information sufficient to form a belief as to the 4 truth of those averments, hence they are denied and strict proofthereof is demanded at time of trial. 13. After reasonable investigation as to the averments of Paragraph 13, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time oftrial. 14. After reasonable investigation as to the averments of Paragraph 14, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time of trial. 15. After reasonable investigation as to the averments of Paragraph 15, answering Defendant is without knowledge or information sufficient to form a belief as to the truth ofthose averments, hence they are denied and strict proofthereof is demanded at time oftrial. 16. After reasonable investigation as to the averments of Paragraph 16, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time of trial. 17. After reasonable investigation as to the averments of Paragraph 17, subparagraphs (a) through (i) inclusive, of the Plaintiffs' Complaint, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proofthereof is demanded at time of trial. 5 18. After reasonable investigation as to the averments of Paragraph 18, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time of trial. The remainder ofthe allegations of Paragraph 18, which constitute conclusions of law, are denied without the necessity of a further responsive pleading under the Pennsylvania Rules of Civil Procedure. BRIAN L. BOAS and his wife. KELLY BOAS v. BESTLlNE EOUlPMENT. INC. COUNT I 19. Defendant, JLG, incorporates herein by reference its responses to Paragraphs one (1) through eighteen (18) as iffully set forth. 20. As to the averments of Paragraph 20 of the Plaintiffs' Complaint, and because the "JLG eighty-(80) foot boomlift" that is referenced in this Paragraph is not identified by model number, serial number, or any other identifying characteristic that is meaningful to JLG Industries, Inc., answering Defendant denies each and every allegation ofthe Plaintiffs' Complaint which is based, in whole or in part, upon the within-referenced identity ofthe product that was allegedly involved in the Plaintiffs accident. Without waiver ofthe foregoing, and to the extent that the "JLG eighty-(80) foot boomlift" that is referred to in the Plaintiffs' Complaint is proved at time of trial to have been provided by answering Defendant, which is denied, then it is specifically denied that said product was defective in any manner whatsoever at the time of its sale, any involvement by answering Defendant with said product, on the basis of the Plaintiffs' pleadings herein, being specifically denied. On the contrary, and without waiver ofthe foregoing, said product was not defective at the time of its sale, as same 6 is alleged and/or inferred in Paragraphs 20, subparagraphs (a) through (m) inclusive of Plaintiffs' Complaint, was safe for its intended use, and did not cause any injuries and/or damages allegedly sustained by the Plaintiff in any manner whatsoever and particularly as alleged by the Plaintiffs. All averments of Paragraph 20 which are deemed to be denied without the necessity of a responsive pleading under Pa.R.C.P. 1029 are placed at issue pursuant to the authority that provision. As to the remaining averments of Paragraph 20, which in whole or in part directed to the conduct, activities, or course of business of entities other than JLG Industries, Inc., answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time oftrial 21. As to the averments of Paragraph 21, and insofar as these averments, which on their face are directed to a party other than answering Defendant, are intended by Plaintiffs to refer to a product allegedly designed and manufactured by JLG Industries, Inc., answering Defendant denies any and all allegations ofthe Plaintiffs' Complaint that, in whole or in part, are directed to JLG Industries, Inc. and which expressly state and/or imply that JLG Industries, Inc., is liable to the Plaintiffs as a result of the accident which forms the basis ofthe instant Complaint. All averments of Paragraph 21 which are deemed to be denied without the necessity of a responsive pleading under PA.R.C.P. 1029 are placed at issue pursuant to the authority ofthat provision. As to the remaining averments of Paragraph 21, subparagraphs (a) through (0) inclusive, ofthe Plaintiffs' Complaint, answering Defendant is without knowledge or 7 information sufficient to form a belief as to the truth or falsity of those averments, hence they are denied and strict proof thereof is demanded at time oftrial. WHEREFORE, Defendant, JLG Industries, Inc., denies liability to the Plaintiff and demands judgment in its favor and against the Plaintiffs. BRYAN L. BOAS and his wife KELLY BOAS v JLG INDUSTRIES. INC. COUNT II 22. Defendant, JLG, incorporates herein by reference its responses to Paragraphs one (I) through twenty-one (21) as if fully set forth. 23. As to the averments of Paragraph 23 of the Plaintiffs' Complaint, and because the "lift" that is referenced in this Paragraph is not identified by model number, serial number, or any other identifying characteristic that is meaningful to JLG Industries, Inc., answering Defendant denies each and every allegation of the Plaintiffs' Complaint which is based, in whole or in part, upon the within-referenced identity of the product that was allegedly involved in the Plaintiffs accident. Without waiver of the foregoing, and to the extent that the "lift" that is referred to in the Plaintiffs' Complaint is proved at time of trial to have been supplied, manufactured, and/or designed by answering Defendant, which is denied, then it is specifically denied that said product was defective in any manner whatsoever and particularly as alleged, any involvement by answering Defendant with said product, on the basis of the Plaintiffs' pleadings herein, being specifically denied. On the contrary, and without waiver of the foregoing, said product was not defective as same is alleged and/or inferred in Paragraphs 23, subparagraphs (a) through (0) inclusive of Plaintiffs' Complaint, was 8 safe for its intended use, and did not cause any injuries and/or damages allegedly sustained by the Plaintiff in any manner whatsoever and particularly as alleged by the Plaintiffs. All averments of Paragraph 23 which are deemed to be denied without the necessity of a responsive pleading under Pa.R.C.P. 1029 are placed at issue pursuant to the authority that provision. As to the remaining averments of Paragraph 23, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time oftrial WHEREFORE, Defendant, JLG Industries, Inc., denies liability to the Plaintiffs for any reason whatsoever and particularly as alleged, demands that Count II of the Plaintiffs' Complaint against it be dismissed with prejudice, and further demands judgment in its favor and against the Plaintiffs. BRIAN L. BOAS. and his wife. KELLY BOAS v HERSHOCKS. INC. COUNT III 24. Defendant, JLG, incorporates herein by reference its responses to Paragraphs one (I) through twenty-three (23) as if fully set forth. 25. As to the averments of Paragraph 25, and insofar as these averments, which on their face are directed to a party other than answering Defendant, are intended by Plaintiffs to refer to a product allegedly designed and manufactured by JLG Industries, Inc., answering Defendant denies any and all allegations of the Plaintiffs' Complaint that, in whole or in part, are directed to JLG Industries, Inc. and which expressly state and/or imply that JLG Industries, Inc., is liable to the Plaintiffs as a result ofthe accident which forms the basis of the instant Complaint. All averments of Paragraph 25 which are deemed to be denied without the necessity 9 of a responsive pleading under P ARC.P. 1029 are placed at issue pursuant to the authority of that provision. As to the remaining averments of Paragraph 25, subparagraphs (a) through (I) inclusive, of the Plaintiffs' Complaint, answering Defendant is without knowledge or WHEREFORE, Defendant, JLG Industries, Inc., demands judgment in its favor and against the Plaintiffs. NEW MATTER 26. Plaintiffs' Complaint, in whole or in part, fails to state a claim upon which relief can be granted. 27. Plaintiffs' Complaint and the claims raised therein may be barred by the applicable statute of limitations. 28. Plaintiffs' Complaint and the claims raised therein may be barred by estoppel and waiver. 29. Any claim by Plaintiffs against Defendant JLG Industries, Inc. is or may be barred by the doctrine of laches. 30. Any claim by Plaintiffs against Defendant JLG Industries, Inc. is or may be barred by waiver, payment or release. 3 I. Any claim by Plaintiffs against Defendant JLG Industries, Inc. is or may be barred in whole or in part by Plaintiffs' assumption of a known risk. 32. Some or all of the damages claimed by Plaintiffs are not recoverable under applicable law. 33. Plaintiffs failed to mitigate the alleged damages. 10 34. Defendant JLG Industries, Inc. did not furnish a defective or an unreasonably dangerous product, any involvement with said product on the basis of the allegations of the Plaintiffs' Complaint being herein expressly denied. 35. If it is proved at the time of trial in this matter that the product at issue was designed, manufactured, and/or sold by Defendant JLG Industries, Inc., such averments being specifically denied, then said product may have been the subject of substantial change, modification and/or alteration after it left the custody and control of Defendant JLG Industries, Inc. 36. If it is proved at the time of trial of this matter that the product at issue was sold by Defendant JLG Industries, Inc., such averment specifically denied, then said product may have been subjected to improper, abnormal, unforeseeable, and/or unintended use and/or abuse or misuse after the product left the care, custody and control of Defendant JLG Industries, Inc. 37. No act or omission of Defendant JLG Industries, Inc. was the cause of or contributed to any harm, injury or damage allegedly sustained by Plaintiffs, in this matter, the existence of any said act, omission or harm being herein expressly denied. 38. Any alleged injury, damage or loss sustained by Plaintiffs was caused by or was substantially contributed to by the negligence of Plaintiffs and, therefore, any recovery by Plaintiffs is barred by application of the principals of comparative negligence and/or contributory negligence, any alleged liability on the part of Defendant being herein expressly denied. 11 39. The sole, proximate cause of any injury, damage or loss allegedly sustained by Plaintiffs or any other person or party was the act and conduct and negligence, carelessness, breaches of contract, warranties, duties or obligations by persons or parties other than Defendant JLG Industries, Inc. and its agents, servants, workmen or employees. 40. Any injuries, damages or losses allegedly sustained by the Plaintiffs were caused by circumstances over which Defendant JLG Industries, Inc. had no control and/or right of control, the existence of said injuries, damages and/or losses being herein expressly denied. 4 I. The damages alleged by Plaintiffs, the existence of which Defendant JLG Industries, Inc. specifically denies, did not result from acts and/or omissions of Defendant JLG Industries, Inc. but from acts and/or omissions of other persons and/or entities over whom Defendant JLG Industries, Inc. had no control nor right of control. 42. The damages alleged by Plaintiffs, the existence of which Defendant JLG Industries, Inc. specifically denies, did not result from acts and/or omissions of Defendant JLG Industries, Inc. but from acts and/or omissions of other persons and/or entities and should be attributed and apportioned to those persons and entities. 43. The damages alleged by Plaintiffs', the existence of which Defendant JLG Industries, Inc. specifically denies, can be apportioned among and between those Defendants causing such damages. 12 44. The damages alleged by Plaintiffs, the existence of which Defendant JLG Industries, Inc. specifically denies, are separate and severable, and should be attributed to and apportioned among and between those Defendants causing such damages, any liability on the part of JLG Industries, Inc. being herein expressly denied. 45. The application of delay damages to all or any portion of Plaintiffs' claims against Defendant, JLG Industries, Inc., is violative of the United States and Pennsylvania Constitutions, including, but not limited to, Pa. Const. Article V, Section lO(c), and U.S. Const. Article XIV. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) DIRECTED TO ALL CO-DEFENDANTS 46. If the injuries and damages alleged in the Plaintiffs' Complaint were sustained as a result of any negligence, carelessness or other liability producing conduct, either as alleged in Plaintiffs' Complaint or in any other manner or if Plaintiffs are entitled to any recovery, which is specifically denied, then Plaintiffs' injuries and damages are due solely to the negligence, carelessness or breach of duties and obligations under the Restatement (2d) of Torts and other liability producing conduct of Defendants Bestline Equipment, Inc., and Hershocks, Inc., which entities may be solely liable to the Plaintiffs for any injuries or damages sustained jointly or severally liable with each other to Plaintiffs. 47. In the alternative, if, at the trial ofthis action, Defendant JLG Industries, Inc. is found liable to Plaintiffs or to any other persons or parties in any amount whatsoever, any liability of Defendant JLG Industries, Inc. to Plaintiffs' or any other persons or parties being expressly denied, it is averred that any injury, 13 damage or loss sustained by Plaintiffs or other persons or parties was substantially and proximately caused by the negligence, carelessness, recklessness, and/or breach of duties and obligations under the Restatement (2d) of Torts and other liability producing conduct of Defendants Bestline Equipment, Inc., and Hershocks, Inc., which entities are solely liable to the Plaintiffs, liable with each other or with Defendant JLG Industries, Inc. to the Plaintiffs, and/or are liable over to Defendant JLG Industries, Inc. by way of contribution and/or indemnity for the full amount or a part of the amount of any sums which may be adjudged against Defendant JLG Industries, Inc. in this action, any liability of Defendant JLG Industries, Inc. to Plaintiffs or any other persons or parties being herein expressly denied. WHEREFORE, Defendant JLG Industries, Inc. denies liability to any and all parties and demands judgment in its favor, together with costs and attorneys' fees. Further, and for the purposes of this cross-claim, only, Defendant JLG Industries, Inc. claims that Defendants, Bestline Equipment, Inc. and Hershocks, Inc. are solely liable to the Plaintiffs for any injuries or damages sustained by the Plaintiffs, are jointly and/or severally liable to the Plaintiffs, and/or may be liable over to Defendant JLG Industries, Inc. for contribution and/or indemnification, any liability of JLG Industries, Inc. to the Plaintiffs or to any other party in this matter being herein expressly denied. KELLY, McLAUGHLIN, FOSTER, BRACAGLlA, DALY, TRABUCCO & WHITE, LLP C'- ;---=./ 2. Z '\ ~ ----..... 14 Dated: ( \ ';1.II)Ut-V, Z I I JOSEPH P. TRABUCCO, ESQUIRE Attorney for Defendant, JLG Industries, Inc. (J,f'?f'1 15 ----"'- DRMCATIOM Todd C. MiOlin, -hereby-6tatoHhat he is the Mana2er of Product Safetv & Reliabilitv of . Defendant. JLG Industries. Inc., that he is authorized to execute this Verification on its behalf, and hereby verifies that the facts contained in the foregoing Answer. New Matter. and New Matter Pursuant to Pa.R.C.P. 22S2(d) of Defendant JLG Industries. Inc. to Plaintiffs' Comolaint are true and correct to the best of his knowledge, information and belief. I understand that fBl8estatements herein arc made subject to the penalties of 18 Pa. C.S. Section 4904, relatin.,$ to unsworn falsification to authorities. ~' l~ L ~- ... Dated: ,- Z 1-'0"'- ." .". .cW.' KELLY, MCLAUGHLIN, FOSTER, BRACAGLIA, DALY, TRABUCCO & WHITE, LLP BY: JOSEPH P. TRABUCCO, ESQUIRE Identification No. 44245 FRANCIS G. LAROCCA, ESQUIRE Identification No. 51282 620 West Germantown Pike Suite 350 Plymouth Meeting, P A 19462 (215) 790-7900 Attorneys for Defendant: JLG Industries, Inc. BRYAN L. BOAS, and his wife, KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC., and HERSHOCKS, INC. NO. 03-6325-Civil Term JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, JOSEPH P. TRABUCCO. ESOUIRE, do hereby certify that a true and correct copy of the foregoing ANSWER. NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) OF DEFENDANT. JLG INDUSTRIES. INC.. TO PLAINTIFFS' COMPLAINT was served by U.S. Mail, First Class, postage prepaid, to all other counsel at the addresses and on the date listed below: Terry Hyman, Esquire AGINO & ROVNER 4503 North Front Street Harrisburg, P A 17 Il 0- I 708 Hema Patel, Esquire J. Barry Harris, Esquire Fineman & Bach, P.C. 1608 Walnut Street, 19th Floor Philadelphia, PA 19103 17 Barry L. Deaven, President Hershocks, Inc. 1513 North Cameron Street Harrisburg, PA 17103 (-- , ~;?L.____~ Dated: Januarv 21. 2004 18 n ( r.--,) c:~-) S~j " c_ ::-1 [ ~i r-~) r...) :-.", C) -i~ . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOAS BRYAN L ET AL VS BESTLINE EQUIPMENT INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HERSHOCKS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 8th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 6.00 9.00 10.00 25.50 .00 50.50 01/08/2004 ANGINO & ROVNER - -/ So answers.>.r"""'" .:>~ ,~-:::- . ...-/.-:: ,~;;~>.C.'~~~. :::..</e:.... ..>/;:;::.....- ~~,~~:-, ,,~~ ~ ;; T;~.ma.s_=~i~ ./ Sheriff of Cumber nd County Sworn and subscribed to before me 1 this all"#- day of~J./Ul d&O'/ A.D. L/u,.u. D. Ih.L/th',i~ I J Prothonotary-/- / SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOAS BRYAN L ET AL VS BESTLINE EQUIPMENT INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: JLG INDUSTRIES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FULTON County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 8th , 2004 , this office was in receipt of the attached return from FULTON Sheriff's Costs: Docketing Out of County Surcharge Dep Fulton Co 6.00 9.00 10.00 25.00 .00 50.00 01/08/2004 ANGINO & ROVNER ? ---- So answer:'3-':"? ...././:.>.... ->. %./_.:~~~~:':./ ~... -'~- ~- . :;...---- {../ ....--~ R. Thomas Kline Sheriff of Cumberland County Sworn and this ,)./M-' subscribed to before me /, day OfC;/f<<'~7 A.D. d.1Jv'f "'-N-<tl' (2 hJi'.l.u A o;;L I / Prothonotary,7 SHERIFF'S RETURN - REGULAR CASE NO: 2003-06325 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BOAS BRYAN L ET AL VS BESTLINE EQUIPMENT INC ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BESTLINE EQUIPMENT INC the DEFENDANT , at 1337:00 HOURS, on the 9th day of December, 2003 at 5120 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 by handing to MIKE TACKETT, MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.28 .00 10.00 .00 36.28 f-7':"''''~Z,~:::- ~... L/ ~ . ....r;.:::n.,......,,~,~/~ t R. Thomas Kline 01/08/2004 ANGINO & ROVNER Sworn and Subscribed to before By: !/~- ~ -- Deputy st!e~ me this ,,</.4'{- day of ~ ;?(){) 'f .A.D. C 1 " . Q ))WAUf~ ~onotary c In The Court of Common Pleas of Cumberland County, Pennsylvania Bryan L~ Boas et al VS. Bestline Egui];Illent Inc et al JLG Industries Inc No. 03-6325 civil SERVE: Now Decanber 8, 2003 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of FUlton CountY to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~r'/ ../ /~ r ~""""'..,- "1' __l!i:..t;..~"'" Sheriff of Cumberland County, PA Affidavit of Service Now, Dee!... /0 ,2003, at /lJt.;6"o'c1ock fJ M. served the . within /tI tJ7iCt' ,4A1d COMj?//lilfJ T' ":J 1.. 6 .J:A/d .'5 !/r/c s :t:A/C upon at 'J ""3 j.. c. 0 ~ J II <-.. J /14 c C'a.d ~ ellsBtl/Y6 I f'/J Todd M ; 0,1 {~ 17,;133 by handing to a t:'fi/& ;,1//1 J copy of the original /l/ll//t": 4,.,d (OM /'ft:;,'", T and made known to I/IM the contents thereof. So answers, . /) / /-~ ~ (.K'~ ~ffof Fv/70AJ County.PA COSTS Sworn and ~bscribed before SERVICE If{. " c> $ me this 10 -r day of t::e~8'Y1.k 20 03 MILEAGE 3. 0 ~ ~~r. .l\ ^ c0 6 RY'.C/ MV~~",!~Pcl ./ ~ J 1- )xA",JJ~ -~~ l FIRST MONDAY IN 1J)/ v c "L\.-a ~ LO~ JANUARY 2006 ~.~K 76-:0~ ~-<.!.<;;;;,",,-N~(!.t(. .s-o. = @ffb::e l1f tfre ~4!!riff William T. Tully Solicitor J. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BOAS BRYAN L ET AL vs Connty of Dauphin HERSHOCKS INC Sheriff's Return No. 3213-T - -2003 OTHER COUNTY NO. 03 6325 AND NOW:December 19, 2003 at 1:31PM served the within COMPLAINT upon HERSHOCKS INC by personally handing to BARRY DEAVEN (PRES) 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 1513 NORTH CAMERON STREET HARRISBURG, PA 17103-0000 '~.'7J~~=~' { f)(;fJU/IC.U_ 2003 ?/:;#L Sworn and subscribed to before me this PROTHONOTARY Sheriff of Dauphin County, Pa. B~y~ Sheriff's Costs: $25.50 PD 12/15/2003 RCPT NO 185857 HOPKINS R. THOMAS KLINE Sheriff RONNY R. ANDERSON Chief Deputy EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF ,JODY S. SMITH Reel Estate Deputy One Courthouse Square Carlisle, Pennsylvania 17013 TO: Hon. Jack Lotwick Dauphin County Sheriff RB:, Bryan L. Boas et a1 VS Bestline Equipilent Inc et a1 03-6325 civil Dear Sir: Enclosed please find NOtice and Canp1aint , to be served upon Hershocks, Inc. 1513 North Ccmeron Street Harrisburg, PA 17103 in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very truly yours, r~~J' R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Enclosures: In The Court of Common Pleas of Cumberland County, Pennsylvania Bryan L. Boas et al VS. Bestline Equipment Ine et al Hershoeks, Ine No. 03-6325 civil SERVE: Now Deeenber 8, 2003 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute tliis Writ, this deputation being made at the request and risk of the Plaintiff. ~/:)/ ~/#' ....~~/I' _e~...... , - Sheriff of Curnberland County, PA Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and rnade known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ I .1 BRYAN L. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW qfZ ~~, r~~ v. NO. 03-6325 Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., JURY TRIAL DEMANDED Defendants PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANT JLG INDUSTRIES. INC. 26 - 37. The allegations herein are mere recitations of every known defense to a civil action, without containing a single fact, let alone the material facts upon which any of the asserted affirmative defenses are based. As defendant bears the burden of pleading his affirmative defenses in conformance with the rules, and has not done so, the defenses asserted herein are a nullity and are waived under Pa. RC.P. 1030 and do not comply with all requirements of Pa.RC.P 1023.1 As conclusions of law, Plaintiff has no obligation to affirm or deny said allegations. 38. This allegation is frivolous and unquestionably in violation ofPa. R.C.P. 1023.1 (c)(2). The only claim against Defendant JLG in the Complaint is based upon strict liability under 9 402A of the Restatement of Torts. For more that 30 years Pennsylvania Courts have uniformly and categorically held that Strict Liability Defendants may not raise contributory negligence as a defense, and no statute or case in last 20 years has remotely suggested a change in that holding. 39. -44. The allegations herein are mere recitations of every known defense to a civil action, without containing a single fact, let alone the material facts upon which any of the asserted affirmative defenses are based. As defendant bears the burden of pleading his affirmative defenses in conformance with the rules, and has not done so, the defenses asserted 27127J,I\TSH\JSS herein are a nullity and are waived under Pa. R.C.P. 1030 and do not comply with all requirements ofPa.RC.P 1023.1 As conclusions of law, Plaintiff has no obligation to affirm or deny said allegations. 45. This allegation is frivolous and unquestionably in violation ofPa. RC.P. 1023.1 (c)(2). The Pennsylvania Supreme Court has repeatedly upheld the constitutionality of Rule 238 delay damages, a rule, which the Court itself promulgated. No case in the last 15 years provides any basis for Defendant to offer any argument on the constitutionality of delay damages which has not already been rejected by Pa. Supreme Court. 46-47. The allegations herein are directed to parties other than Plaintiff and therefore no response from Plaintiff is necessary or required Respectfully submitted, ANGINO & ROVNER, P.C. / (/ Terry . yman, Esquire LD. . 36807 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs Date: <'~ ~y 271273.1ITSH\JSS ATTORNEY AFFIDAVIT I, Terry S. Hyman, Esquire, state that I am counsel for Plaintiff, that I am authorized to make this Verification on behalf of said Plaintiff, and have read the foregoing document and do hereby declare and affirm that the facts set forth in the foregoing are correctly derived from the discovery record. I understand that this Verification is made subject to the penalties of 28 U.S.C. ~ 1746, relating to unsworn falsification to authorities. -- I 271273,IITSH\JSS r CERTIFICATE OF SERVICE AND NOW, thisdc?iA- day C~~---- 2004, I, Janice S. Smith, an employee of Angino & Rovner, P.c., do hereby"certify that I have served a true and correct copy of the PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANT JLG INDUSTRIES, INC., by depositing said copy in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jay Barry Harris, Esquire FINEMAN & BACH, P.C. 1608 Walnut Street 19th Floor Philadelphia, PA 19103 Attorney for Bestiine Equipment, Inc. Joseph P. Trabucco, Esquire KELLY, MCLAUGHLIN, FOSTER 620 West Germantown Pike Suite 350 Plymouth Meeting, PA 19462-1056 Attorney for JLG Industries, Inc. Hershocks, Inc. 1513 North Cameron Street Harrisburg, P A 17103-1015 ~~~~ ~~~:0:/ (~S. Smith 271273, \ ITSH'JSS (") C ? V>f') ,::.... ~:w UJ)'-' -:- . ~(> J.:>O _ ?f,if "'- -,-j -< N> = = -r- c_ :>;- ;e c'" C> -0 :J>: '2 (.:::l W ~ ~:n a~ :!!~ Q~ bm ?G --<: FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (2 I 5) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED DEFENDANT BEST LINE EQUIPMENT, INC.'S ANSWER TO DEFENDANT JLG INDUSTRIES, INC.'S NEW MATTER CROSSCLAIM PURSUANT TO PENNSYL VANIA RULE OF CIVIL PROCEDURE 2252(d) 46. Denied. The allegations contained in paragraph 46 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response, the allegations contained in this paragraph are specifically denied. 47. Denied. The allegations contained in paragraph 47 are conclusions ofIaw to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response, the allegations contained in this paragraph are specifically denied. WHEREFORE, Best Line demands that judgment be entered solely against Defendants JLG Industries, Inc. and Hershocks, Inc. or other Defendants hereinafter joined. FINEMAN KREKSTEIN & HARRIS, P.c. Dated: f I OIq IO<f BY:' /3-- :-QTJ Jay Barry Hams, Esquire Hema B. Patel, Esquire Attorneys for Defendant Best Line Equipment, Inc. CERTIFICATE OF SERVICE I, HEMA B. PATEL, ESQUIRE, hereby certify that a true and correct copy of the foregoing Defendant Best Line Equipment, Inc.'s Answer to Defendant JLG Industries, Inc.'s New Matter Crossc1aim Pursuant To Pennsylvania Rule of Civil Procedure 2252(D) was served this day, by first-class mail, upon the following individual: Terry S. Hyman, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA l7IIO-1708 Joseph B. Trabucco, Esquire Kelly, McLaughlin, Foster, Bracaglia, Daly, Trabucco & White, LLP 620 W. Germantown Pike ~ Suite 350 Plymouth Meeting, PA 19462-1056 Barry L. Deaven, President Hershocks, Inc. 1513 North Cameron Street Harrisburg, PAl 7 I 03 Date: II J~ I w-{ ~~~ B. 'TE, SQUIRE (") c. S. -rJt:;J fYlf1nj '-7-.\ \ :Z~, CJ) ~'i': 20 <. 2:'" r~) &.<:J :;..-,.c ~ --. ....., :is .s:- .." G::1 t N R, :i!:n n'.- -om ~~ 0:''3 z~ o c..,) _--\ N ~ -0 3' " .., TO: Plaintiffs and Defendants JLG Industries. Inc. and Hershocks. Inc. YOU ARE HEREBY NOTWIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM rHE SERVICE HEREOF ORA DEFAULrIUDGMENr MAY BE ENTERED AGAINST YOU, BYZ2~~ Attorney for Defendant Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (2 I 5) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. No. 03-6325 BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. Defendants JURY TRIAL DEMANDED DEFENDANT BEST LINE EQUIPMENT, INC.'S ANSWER TO PLAINTIFFS' COMPLAINT, NEW MATTER, AND NEW MATTER CROSSCLAIM PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2252(d) I. Denied. After reasonable investigation, Defendant Best Line Equipment, Inc. (hereinafter referred to as "Best Line") is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 1. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 2. Admitted in part; denied in part. It is admitted that Best Line rents construction equipment and that it has a rental office located at 5120 East Trindle Road, Mechanicsburg, Pennsylvania. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the remaining factual allegations contained in paragraph 2. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 3. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 3. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 4. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 4. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 5. Admitted in part; denied in part. It is admitted that Best Line rented a JLG 80HX boom lift, serial number 0300018271 to Defendant Hershocks, Inc. on or about May 5, 2003. Hershocks, Inc. arranged for rental of the boom lift from Best Line's facility in Mechanicsburg, Pennsylvania and received the boom lift from Best Line's facility located at 25 Legion Road, Pennsdale, Pennsylvania. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the remaining factual allegations contained in paragraph 5. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 6. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 6. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 7. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 7. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 8. Admitted in part; denied in part. It is admitted that Best Line rented a JLG 80HX boom lift, serial number 0300018271 to Defendant Hershocks, Inc. on or about May 5, 2003. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the remaining factual allegations contained in paragraph 5. Therefore, they are denied. Strict proof is demanded at the time of trial , ifat all times relevant. 9. Admitted in part; denied in part. It is admitted that Best Line rented a JLG 80HX boom lift, serial number 0300018271 to Defendant Hershocks, Inc. on or about May 5, 2003 that was manufactured by Defendant JLG Industries, Inc. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the remaining factual allegations contained in paragraph 9. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 10. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and beIiefto form an opinion as to the truth of the allegations contained in paragraph 10. Therefore, they are denied. Strict proof is demanded at the time of tria I, if at all times relevant. I I. Admitted in part; denied in part. It is admitted that Best Line rented a JLG 80HX boom lift, serial number 0300018271 to Defendant Hershocks, Inc. on or about May 5,2003. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the remaining factual allegations contained in paragraph I I. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 12. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 12. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 13. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 13. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 14. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 14. Therefore, they are denied. Strict proof is demanded at the time of trial, ifat all times relevant. 15. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 15. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 16. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 15. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 17. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 17. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 18. Denied. After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the allegations contained in paragraph 18. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. BRYAN L. BOAS and his wife, KELLY BOAS v. BEST LINE EQUIPMENT, INC. COUNT I 19. Best Line hereby incorporate by reference its answers to paragraphs I through 18 as if fully set forth at length. 20(a)-(m). Admitted in part; denied in part. It is admitted that Best Line rented a JLG 80HX boom lift, serial number 0300018271 to Defendant Hershocks, Inc. on or about May 5, 2003. By way of further answer, the allegations contained in paragraph 20(a)-(m) are conclusions ofIaw to which no response is required under the Pennsylvania Rules of Civil Procedure. With regard to any factual allegations contained in paragraph 20(a)-(m), after reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of those allegations. Therefore, they are denied. Strict proof is demanded at the time of trial, if at all times relevant. 21 (a)-(o). Denied. It is specifically denied that Best Line, its employees, servants, agents, and/or ostensible agents acted negligently and/or improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 21 (a)-(o) are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Best Line hereby requests that Count I of Plaintiffs' Complaint be dismissed. BRYAN L. BOAS and his wife, KELLY BOAS v. JLG INDUSTRIES, INC. COUNT II 22. Best Line hereby incorporate by reference its answers to paragraphs 1 through 2 I (a)-(o) as iffully set forth at length. 23(a)-(0). The allegations contained in paragraph 23(a)-(0) of the Complaint are directed to a Defendant other than Best Line and accordingly no answer is required of Best Line. WHEREFORE, Best Line hereby requests that Count II of Plaintiffs' Complaint be dismissed. BRYAN L. BOAS and his wife, KELLY BOAS v. HERSHOCKS, INC. COUNT III 24. Best Line hereby incorporate by reference its answers to paragraphs 1 through 23(a)-(0) as if fully set forth at length. 25(a)-(I). The allegations contained in paragraph 25(a)-(I) of the Complaint are directed to a Defendant other than Best Line and accordingly no answer is required of Best Line. WHEREFORE, Best Line hereby requests that Count III of Plaintiffs' Complaint be dismissed. NEW MATTER 26. Any injuries allegedly sustained by Plaintiff is the result of the act or acts of independent, intervening agencies or individuals over which Best Line had no control. 27. If Plaintiff suffered any damages as alleged, Plaintiff's request for damages is barred in whole or in part because he failed to mitigate his damages. 28. The negligence of Plaintiff was the sole and/or proximate cause of the alleged incident. 29. If Plaintiff suffered any injuries as alleged, said Plaintiff, by his conduct assumed the risk of those injuries. WHEREFORE, Best Line demands judgment in its favor and against the Plaintiffs together with costs and attorney's fees. NEW MATTER CROSSCLAIM PURSUANT TO RULE 2252(d) AGAINST DEFENDANTS JLG INDUSTRIES. INC. AND HERSHOCKS . INC. 30. If the allegations of Plaintiffs' Complaint are proven to be true, all of which allegations are hereby specifically denied, then it is averred that Defendants JLG Industries, Inc. and Hershocks, Inc. or other Defendants hereinafter joined are solely liable to Plaintiffs, are jointly and severally liable to Plaintiffs along with Best Line, and/or owe a duty of contribution and/or common law and/or contractual indemnification to Best Line. WHEREFORE, Best Line avers that Defendants JLG Industries, Inc. and Hershocks, Inc. or other Defendants hereinafter joined, are alone liable, jointly and/or severally liable, or liable over to Best Line for contribution or indemnification with respect to this cause of action. NEW MATTER CROSSCLAIM PURSUANT TO RULE 2252(d) AGAINST DEFENDANTS JLG INDUSTRIES, INC. AND HERSHOCKS . INC. 31. On or about May 5, 2003, Best Line and Defendant Hershocks, Inc. entered into a rental contract. A true and correct copy of the Rental Contract is attached hereto and marked as Exhibit "A." 32. Paragraph 10 of the Terms and Conditions of the rental contract provide as follows: Lessee agrees that use of the rented property shall be entirely at its own risk and that it will indemnify and save harmless Lessor, its agents and employees from any and all liabilities, losses, payments or expenses of any nature including the cost of defense of all claims (1) for injury or death to any person or persons and (2) for damage to any property occurring in respect of the Lessee, its agents or employees or the rented property while the said rented property was or is in, or arising, directly or indirectly because the rented property is or has been in possession of the Lessee, its agents or employees, provided however, Lessee shall not be liable for any injury, death, damage or loss caused directly by the negligence of Lessor, its agents or employees. Lessee further agrees to notify Lessor immediately of any injury, death, damage or loss included under the terms of this paragraph. 33. Under the Terms and Conditions of the rental contract, it is averred that Defendant Hershocks, Inc. owes a duty of contribution and/or common law and/or contractual indemnification to Best Line, and are solely liable to Plaintiffs, and/or jointly and severally liable to Plaintiffs along with Best Line. WHEREFORE, Best Line demands judgment in its favor and against Defendant Hershocks, Inc. together with costs and attorney's fees. FINEMAN KREKSTEIN & HARRIS, P.C. BY:'-:~' ;?-;@. Jay Barry H~S, EsquIre Hema B. Patel, Esquire Attorneys for Defendant Best Line Equipment, Inc. Dated: 0) J 3lc 4- VERIFICATION 1, MlXE GETZ , on bebaJf ofDefendlllIl Beat Line Equipment, Il1c., hcroby vllri~ that the sW=cnts made in the foregoing Defendant Bostline Equipment, Inc.'s Answer toPlaintUfs' Complaint, New Matter, 8l\d New Matter Crossclaim PUBuant to PemJ.$)'lvania Rule of Civil Procedln :2252(D) are trw! an4 00lJ'8Ct fA) the b~ of my knowledge, information and belief. IIlDl1em8l\d that the statements herein ~ made subject to the penalties of 18 Pa. C.S. Section 4904, relating to IUlSWOl'Il falsification to authorities. ~t5 cY GETZ CERTIFICATE OF SERVICE I, HEMA B. PATEL, ESQUIRE, hereby certify that a true and correct copy of the foregoing Defendant Best Line Equipment, Inc.'s Answer To Plaintiffs' Complaint, New Matter, And New Matter Crossclaim Pursuant To Pennsylvania Rule Of Civil Procedure 2252(D) was served this day, by first-class mail, upon the following individual: Terry S. Hyman, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PAl 7 II 0- I 708 Joseph B. Trabucco, Esquire Kelly, McLaughlin, Foster, BracagIia, Daly, Trabucco & White, LLP 620 W. Germantown Pike - Suite 350 Plymouth Meeting, P A 19462-1056 Barry L. Deaven, President Hershocks, Inc. 1513 North Cameron Street Harrisburg, PAl 7 I 03 Date: ;;;/3i 6Lf ~-~~ HEMA B. PATEL, ESQU EXHIBIT "A" ~ ~ 25 LegIon Road Pennsdale, PA 17756 Hours; Monday - Saturday 1:00 am to 5;30 pr." Sunday - Seasonal (.-..., ! RENTAL CONTR.'\CT o INVOICE ...flU.. S4tU. 'Y\lICE RENTED TO: or ,__ 'ADDRESS AT WHICH EQUIPMeNT WILL BE IJSED, ' TICKE7 NO, ,.. HERSHUCKS, INC PO BeX 2224 HARR:SBURG PA 171~5 PRIMARY IDeNTlFr~ATrdN" '~'''"'':QTHEl'>-':;'''':;~.:~ KUTZTOWN UNIVERSITY ~,UTZTOWN PA ICon# 1 '3~: ~,3 OUT oc ~~.:.::.:.~.... U1'J:\:P.HOOE..~::::::".:.:;~'.:1.<".\, OTHER :~t'HONE.";;'."',,,,',,,,;,,,,,P. ; 'f;'.,':,. ;';'0..;;, ;;,REC.elyeQ,.6.V,>.;:.. - *.....; ~.i '~'. ~._" '7;'''' " '. .J - ,:, ~l". sw 5'3777C i'1l,KE DUE 06-MAY-e3 ~;e~ p~ JR :ON ~R~:~ . d ;~_! ,~i~~\;:~;;7;:S;:~~',;~:_~~;,.~'~~.~~L"::;', -~~~~";\;.3.;'!.:~~;'~".l#I~.'.:..1-.:i"~~,6 ~~'~',~~~~.2.:;'~ ~- Gty rt5:iil# MIN ".- ~ :..~ ..". . '~.' : ".,::....;'.>":. "~''';';' Ho url y Ovn)t e a-hour Day Week 4 Week E~t A.t P'.:\~l:: . ~.~ E! : ;'l't ~ :509-8271 JLG 1575.00/DI08.33 :5:4-8787 JLG .575.00/D 80 4WD94DIE~'RDTF 575.~~ 575.0~ 575.~O 1350.00 120HX 4WD38DIE~'ROTFFF 57~.00 575.0~ 575.00 135~.00 575. 0~ S-:..Z~ 2800.0a , 575.00 :;-::.:210 :il 2800.00 QI.e0 0.00 ~.2120 ;:"4'y'!ll.@nt'5 No ~ayment Made 0.00 .Jl(:; ,,~ ~2..11 .J14.""_~_,. . - ~""'-~ " ~;:':~:J. ~ . . ~".'r.'fl!:.:'" "" ~ ( O' " "- I, " .' "~~'\:?~~; 'fv>"''''--''~' ...S:~ . ~. .-. . ',' , - " ...-/ :~','I.:''''''-l......'c....'' -. . PA,;;T"WliliRANOOhTI1C#SA.FilYHAN ' .;;" , , \ ~ t"" I h=o" """".<:d \"$tuetI:ln ~.,.;S":...... /~1tW'j ""'" j\.,,,,, Ur ~ ;";~'l;; l..~-.::::; 1:-:0: r, tUj ~ opcr:~, rm:ntrnn:e. use, end c<JlC of 1'.5 ,r ~~)~ r'..,:~_y:"'t. ; ~,:".'..~ I'<.":""'~,~~~ ~ ,,": r'f''lprQl~'t;:! rr~:4S and'~G: ro..td'1Og th8 ~~ f;,_: '::,:;':~.~ r-:':'''~:;':';, t:lr this Precb;t and 11'..:,','3 reed and undefs'a1d lne ~'li.!~ C ;' I ,. ejbco.o, ") deIMnd, ~ tie Ope,aticn and Salaly Hardrr..ol< P this p,::. ' ..:"'+.. ..,:>, ~ --.:__.!(~::tJ:;_":~...,~ . .::.. ~1.I1";' UPON COMPLETION OF USE OF EOl,.;IPMENT, PLEJ'lSE CALL BEST UN=: AT 570-546-8422. YOU WIL 'ot 111 I n mBge . Machine Abuse ~ CHARGE =oFt AL:' TIME OUT INCLUOING A CLEANING CHARGE :S MAC: .')Art)AQA"!'S. SuNDAYS, AND HO:...:JAYS Of' ITeMS ReTURNED UNCL:AN. -,. ,. " '9"- 10 ~j ~ on 0011' Sod~ Cl ~i"ol I;:QnftMCl. ......c. =Cl:l!e:l; U";~ ..mire 1l{Jl!ll!mil(lI. Irll'S r-!1"'Ij r\C I lJ l::f a'.t:llf ~l.Iltiolll anc ilCl\t"(lWl~;... ~ of;l CClJ'iI, I ce:t;~ ll'Illl i ~ Of \eOII.1 iOt ~ I atIl ; ! t~lOITI!-f 'y ,. : sm illilnO'lZII(I :(1;1:: 'or 11":Q, t~tc.~llr. .;":1jl;JIQ 1:) 'l!I[Jrr. 'l!Ir.-:aa PfOOIlIty aC:CCIi:l~" :~ : ~ ~<:l ~ .l!eoll'ar IN!l !OIC':\lIO =1 11"1$; eontr.ld. ~1r.Il, =of's'.lk;~1l ~l'\;lrWIUI C'C,Iv-et'r)/l Of 1!'1e I' :~. :A.JTTClN. "lEAD BEFOR; SIQP,;lNG, , . . I. V' ; I 'r. ~, . i/. ___ ;'~~r;~~~};,'.;;~ - ;.!#"r,.-'''-~::'~;- \~:':'_.'.f ~~C:AL 1t'.'STRUCTIONS: ):., .'.." -". ,'. .. .. . ;_:.!'~ Damage waiver S% :."' IOTAL TEI'IM~NEt~p~X~? _ PAl: 3.0~ SSEE X ., TERMS AND CONDITIONS Please read before signing contract LeSf;Of h~:r('<l:jY tCIl~~0~; (0 1.e8S>C:O ilJi(j l"fIS$~m n(~r(~b\' takr:;~,~ from L(j!~w:ol- tho pf:~rson prop€lrty IW:lr:J(j I.JrIdar "lttm'\ R~'nWcf' l~H';r(tini;aIlFd tiKI "r~~(;tmj Im)pl~t'!~,,,) sut~Jf.)e1: to !tl8 fcUowiJ'tg tf.lmtli ,ilmj COmJi1fons; 1, l..fN-,!:(a,.:. a9J'':>6\f. \0 pay Iho (l:mlal r!:11(~ sp€mifi(~d for ~~~Kt1 rtorrl'Joafml.l M,\~i.li'l(jQr f<:)( p<fch hfflfl PGrimi m frlH~1i(m 'lhon~of, ltHH ti"lt-;' 1'(ml:Nl properlY is Chl:\(Qlitd (0 the possassj{)(i of the Lessee_ "1"',,<.1 LI.ilS$(H~ $hc~lI be charged with p(;lS6a6~lon of lhe J'ftnU-;{l.PfoPClly from th~'li(l(.l i1 (whl\lrevor ~ppwpriatA- hlttreirt the wordfi "he"" O("Sflf,!"msy, b6"f!LJbstituted) :acquires po.$Sli":ssicln of ,<::il.lch propsJ1y a_~ ifJ(1icated urtder "Date Oul" sltld "Time Out" Lmtil the rentsd pl'o~,eny is rt)1L.Jrned to L.e$,s<';1[ EJ}, Lndical.::d Llndar "Date In" and "Time In," Special weeklv Md monthly' tates apply onl'y' when the remf.iod i:rt(_~P~rt)l is Originally fEmtea on a weeKly basis and such ra~e is inclioaf(;lcl t:lt the ti!ii~j t:t'li$ c.~ntraqti.t: If.ilgn€!~ 2. Le%/Zl8- .!\gr"€w'Js !(I P!JY rental e/'l~n91E1$ ifl fldvMCf;I or ImmedJflt~ly upon rowrninG thl',} rented property atLe~gOt"8 sol€ dlscr(!!lon, .l."H(;:i>,~~~,lur!I\(~r ~~qrr:,E,l~: l:hm it(; depQ!~jt rlU1y l't~ c.r~ditOd again~~t l:lfW Tu(,llaJ Of otlier charg8[; _ (r'\CI.lfrOd t1YI,t J1")HH lI'l(i';i-f 'i:tn(".l fW"1tlor ,"i'Jrr'f'l. 10 PllY upon deITlAll() tilt r()~!!j and crlt;\f9"~S paYllbli~ IJnderr:hls lea-sl'J ovar f.H1CI ,St)(,lve the a(~Vaf'Ci) dep()si'~:, fog~)!t'I(H with all GotH:J '()t coll(~ctJ()r\ inl:lludfng,'tlu\ rw1 Ur,'I'IIIM t!)"'lX)/tactlOll ,1g0!.\CY 'r(:J(,S<iLlld'U)560r,'.~ (Hat;()nHbll~ bllor11t'!}' '1~J&S 3, Lo~;sec ayI'Ii)(,s i(, Pi~Y 1<'1:'>$DI' ;;.{:~cJjl;(ln,l11 renlHI CI1M~~~$ 101' l:1quipm~1n1 lJSBd in 8)(C~)S~) of singlo shiH OpDfalion, Sin!Jlo 1i.1'l:11 OP>ilf.1:ioJi will b~ del'jn,:,:d €IS 8 hOl)! work rJ:iys, .:t.O 110\]f WCHk W~(1k. , tj,. Lf.!s$t'!.;; ,;j9~ees to f(tl'urn 1hi: J'&ntod pro'pf:rty tel'Lessor immedlatsly upon 1E\rrninatlOrl 01 this Contr~ct in the same condition .3.5 th~ll in whirrl the Si'11d prupcrty hi,,}:!> (,~c6ri\led: ol'dinaty wear and tearfrClr'l a uSe permitted IJndel ttlls lease e'l\;Jec:ted, b L.essoG .lqr,~~,~j 10 ut?(, 'the r;~nte(.J property Ol1iy :H !he <.:ld{lrN.$ "HId only for tht:~ pUl'pos:€ designated namin unless !I'Fl L G';,;!;I,)r i,~(,JII,-",;f\ts h writing to Il~, LIse at ~t:1oth(';ll. l(l~:t:ltivn an<~/o( Ii.:)( ;)nothf:lr purpos(~. It:iS~0(i fUl1t\f,}f agr()es II.) lu-,"~p ancj r~iillin all 1~::i50('S Il!f)els, rW-Hes (.11" rrl~lrKing~ in pjaGf:~ on ~hl) rll.lr\\'~,rJ pmp~1rly 6 l..O.f;~O~) ac:knowl<:)C10(,IS tl'\al II r\iJ~, 11!~,rJllcWd It\!;~ nm'l',KJ pl'Or),H1y and 1'lllS fcmna it 10 bo (;Iean aml in good working cor\diliun i1l In"" li;lIcl of (~nl'''~''I1''H if1ln Hmi n>ntrac!. U}i-i.!>(;(l lu(II-I~1r dekn\.lwj~)dgOl; tl'lat it h~if.; rtojcelj'/~Jd sa/(~ <)Pi;~i'[djon jMtr'UC11~)!'ls.i() 1',)$PliOd K' the f~lnt~'(;J property, I. Le5:~el:i J~~re("~'i"; tc, im,nediately CI1:'oise usin,,' al1Y rented ))ropertl' it, wliilti: Les$,*, is Ohai"ged with ~Os;Mssion HH;!r~oL said pn)peltv i::; tOUlld to f.)(;r l.Jn$$lf~} 01 in dl$repai,r_ LasSiee ~;I)all l'lOlitv Lessor iml'lwdiately in eirher .such case. and Leswr uyn.'tt':~:; tlj;)OI\ P<::",}'I"rlfttJl to 11 in lull ot aU moneys C';l"1<'H!;Jeable f(, Lt"$see under this lease to the d.::M 0t sucrl re.pl~'!(;()rnMlt inC(llt..1inq but not limiH~I" to, all repe:ir or replar.:eml:;ln! cQ:Jits, to replace: the rQl'ltlOlcf pIOpet1~' wim sln~l(~lr pt'op(>ny Irl 9000 working CCr1(HtIQn witt! reaSCln<'lble r,jispatch, F~\~ntal fAn:') othBI' ch~lrg~~,~ Lll'r,jer th:$ IfHI$iC< $han C':(';n. tjnue in all times p0n(.:in~~ suer, re~)IaC0mill:m and thereafter, in ~\Ccordal1ce with the ternls of tho lC5se .!L Ut;iOl,OlJ ;'lqn;:IH: 10 p.lY !III (I1r:~al,irl~1. rl~pair f~nd rc~plil~;l:!lrlfnlt ()f'!,H9'lh ,)1 nny rt:~nted propony' 'Nhic/i i~; raql.Jirc.j to ~H; el(J;:lli~~d, r(';pair-E;ld f)/' n~plhC()rJ upon Hi; t"ellHn to IAt~;sm 9, LI:'J,,~8~~;r !19"(~(JS 10 pay LU;;$Ci( in h;lIier i:llllo~:8 ,')r darr;;.19c ({lsl,litin!.;1 '1"0 Ih0 r/5lrit~'l;1 properl:Y wtll1e said pr()pt~liy is chargec! i() jt:;; pDf,f:e8~>i('".Irl, wh8~h;;:r' such los" or d;:Jrilagli;! is Cj~ll$8(1 by los~, 01' thoft of the (&nlBd proper1y or tJy re;:-JSNI or ,:,--:-C/(IClit U"lC::&1'::. OII)~1 ,),~)fl;lIf!J$;<; (II' abll<;,i\lf~~ uSe (I linea!. 10 I. i'!:'-:fji#':: 8qrel:'"';,; that lJSe 01 Ine (€'i1ted property shalll.e enl'rely at rt3 own risk Mt,1 t~I~'H it will indel'n11ifv ::md s~r..'f1 tlfll'/TIle:;;s 1.,175:1';)' its (lgt:,nts ~'nd emploV~'('~i fU:Jrn anv and ali liabilities, I05'.~e8: paYl1lcnt:s {iI expenses of ;:"Uty nelture inclucHng the: ens! (II cletL;,)~~e of all c!.~lims (~,l foi' injury ,Jr dC:,lth to i.~ny pemofJ Of persons and (~j tOl' damag<.: w any pt'CIp:elty ()CCull:r,o in jOt>po('1 (:It U',,~ L.!"!i~';:i'::', i~.s i.C9$nt.s {)( !~rrlpIOio(~(. or th<:r rl~i()i(--,c.1 ~woperly whlle the S~I(J r6ntt];(1 prOI)(:II'ty IN;j:::. or i:, lit ell iHi~:'I"rJ dir;:,Gil~' or m,Jir('Clly. b(;1Cal,J!;>(;~ tl':!~ 1'~rlh1d (Jr'\>W;!or'!y i~; tj( hIlS t)~!(lJn in p()Ss~!s.uj()fr nr tn1;:\ i,C~(;II\ !::s Flt/CIl!f. or el'q~loye~,;::~. P(ovi\:jl~(j l'I,')lt.r~w0r, L(~tl.'.>oe ~;jlall not bf~ Ijat)I~;. for any lnjtJl'Y. \'j~~1:\11'\, l:lim\"IH~) en IrI5~~ C;;Wti6d rlireG11y b:./ Ihtl nogll[}OnCiOl of U:~~;::;;(J(, iW aOt~nlB O( Cflipl()Yf~(~S, 1._~~~.,sl:1e hzrlrlF_lr agme-f: [0 n<llity tBssor jmrn~ltat~!ly or .:'IrIY nojw-y. (j(~aHl, (janli:,lHt:, (}! I(J!;i~i irl(ihJ\h~d I.WI(j()( trl~l hmllf; of ltrj~, pUI,lgri'iph, 11. Lf)~~~'~)1 rl\~~I\J"~ no w~,f"entje$ of sat.::ty', for ~J::le, merct'IAnt.:\bility, t'jt~'te,"~~j 'h'J( iJ partrcuiM plJrp"s~! Qr ~nYr.Jtli~- "'Ii'ltr"lntj.-, <;._l(pr"J".~, or i'1'rpri",("), i,< '(;~'D"'\;t t,~ the n~llt~d prop'"rty 12 ^(hiiO f)"Hti..~; hfi;rO!\G apre~, That Ille term::;', ISl.hd' cQnditi(.ln~ (.If this ~~Onlr~l':t ~.)'&i 6e'1iel'.1lbh~, .If'ld, in the ~ve;rnt ,11'.$-1 ~\ny 1"d/':'1 \)/ ':).it"';dlll()r1 1'I,ir~o1 is invL'ijid .mder thflt laws of any 'state ,when:" I,J$;ed :~l,.lch Mn~j or C(':Hi,iitlol'l $11411 be d~'ernr),d 1'0/ ttl l';~"'; pm! ,)f r~li~" COnm\CT in $1_ICll t~rale.but sh,alr"nm InvalidElt,;;"any-oth~~r'PrO\:'lslon hF.'1'0{.)'t. 2 ..,. '- -r' j'lJ ~~i~ ('.J^~) ;'~-; -< .,; r--;Cl ""- z;' C-i .t'..": '-I :i-~ ~": -.". ~ ~'-; ~ g r ..., g t (}'I --0 :JC: N .. c:> ~ ~ ~e :t\t'3 (.:)6 "'lr?, "1:-0 b--' ..,.0 (Srn "'l ?P :< BRYAN L. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 03-6325 Civil Term Q?;,0 , 'l;' 1;,7'.11 fit!. v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., JURY TRIAL DEMANDED Defendants PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANT BESTLINE EOUlPMENT. INC. 26.- 29. The allegations herein attempt to raise affirmative defenses without stating the material facts upon which the affirmative defenses are based. Consequently, as a matter of law they are insufficient to raise the defenses alleged herein. As the allegations contain no factual statements, Plaintiff can neither affirm nor deny the allegations. To the extent the allegations are pled factually, Plaintiff denies them pursuant to Pa. RC.P. 1029 (e). 30-33. The allegations herein are directed to other parties and do not require a response by Plaintiffs. Respectfully submitted, ANGINO & ROVNER, P.C. '2' / F ~ Je1'fy S. He, , Esquire LD. No. 368 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238-6791 Counsel for Plaintiffs Date: 02// ~-;/ 271818,I\TSH\JSS II I ATTORNEY AFFIDAVIT I, Terry S. Hyman, Esquire, state that I am counsel for Plaintiff, that I am authorized to make this Verification on behalf of said Plaintiff, and have read the foregoing document and do hereby declare and affirm that the facts set forth in the foregoing are correctly derived from the discovery record. I understand that this Verification is made subject to the penalties of 28 U.S.C. 91746, relating to unsworn falsification to authorities. -~ ~ ' Esquire 271818,l\TSH\JSS " 1\ CERTIFICATE OF SERVICE AND NOW, this /#L-day J~-c- 2004, I, Janice S. Smith, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' ANSWER TO NEW MATTER OF DEFENDANT BESTLINE EQUIPMENT, INC., by depositing said copy in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jay Barry Harris, Esquire FINEMAN & BACH, P.C. 1608 Walnut Street 19th Floor Philadelphia, PA 19103 Attorney for Bestiine Equipment, Inc. Joseph P. Trabucco, Esquire KELLY, MCLAUGHLIN, FOSTER 620 West Germantown Pike Suite 350 Plymouth Meeting, PA 19462-1056 Attorney for JLG Industries, Inc. Barry Deaven, President Hershocks, Inc. 1513 North Cameron Street Harrisburg, PA 17103-1015 ~'~~"-:c Janice S. 'th 271818.1 ITSH\lSS ctif -::-. -'" ?hS ,.:: ,";-(', 3'~~' ;i:.:' ;-:: =2 o c ,- ....., = = ..c- ..." r'1 co o -n :-:.l ..J.., 11 nlr:::: -n IT1 c'J'::J 01 ,0 x:r', I~'") ..r} ....0 (~jiT' ,'-! :/; -< N ~) -.." ~ ", co Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 Stephanie Hersperger Attorney 1.0, No. 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E.Mail: saeduldiala:ltthlaw.com Attorneys for Defendant: HERSHOCKS BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS, Defendants JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, Hershocks, in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiffs' Complaint. Respectfully submitted, 1-.-- \l (bY THOMAS, THOMAS & HAFER, LLP ~- --::: By: 277508.1 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 STEPHANIE HERSPERGER, ESQUIRE Attorney I.D. No. 78735 Attorneys for Defendant, HERSHOCKS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ day of February, 2004, on all counsel of record as follows: Terry Hyman, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, Pennsylvania 17110-1708 Attorneys for Plaintiffs Jay Barry Harris, Esquire FINEMAN, KRESKSTEIN & HARRIS, PC 19th Floor 1608 Walnut Street Philadelphia, Pennsylvania 19103 Attorneys for Defendant, Bestline Equipment, Inc. Joseph P. Trabucco, Esquire KELLY, McLAUGHLIN, FOSTER 620 West Germantown Pike Suite 350 Plymouth Meeting, Pennsylvania 19462-1056 Attorneys for Defendant, JLG Industries, Inc. THOMAS, THOMAS & HAFER, LLP ~./<: Stephen E. Geduldig, Esquire 277520.1 Q ..., c." 0 ~~;;; L-:" -n .... ,,', ~, --l I'" ~ T" ,"--r1 OJ rnF -om -' C(JY ~.;: Su .,.- ->! ~ r-:; y~-,1 (j-". ~~~ ~~'_: 9 ~".~M .-' 2:":- .-\ )> -;J N :'lJ -, U" -< Stephen E. Geduldig, Esquire Attorney 1.0. No. 43530 Stephanie Hersperger Attorney LD, No, 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: sceduldic@tthlaw.com Attorneys for Defendant: HERSHOCKS, INC. BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS,INC. Defendants JURY TRIAL DEMANDED TO: Brian and Kelly Boas c/o Terry Hyman, Esquire ANGINO &: ROVNER 4503 North Front Street Harrisburg, Pennsylvania 17110-1708 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND NEW MATTER CROSS CLAIM WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS &: HAFER, LLP DATE: March 9, 2004 By: ~~);r.n? {/:k71 /~V? 2---- STEPHE E. GEDULDIG, ESQUIR ~ STEPHANIE HERSPERGER, ESQUIRE ;,~'~ i":. c() '-,. ....,~ .. r,;: ~.::.". };: ;,:~: () cX~:; ~- ;,-,,. - - :::;} ..,.. ...., "'" ~ -..... ;;; :;;0 o --J'/ ~ -, rr::Q ,'- ~[!! _l.;0 0.1. ~-;~l~r; ~~) -!] .'0 ('~ f~n ~.~:-~ I ..l." o ~ -. -. -< Stephen E. Geduldig, Esquire Attorney LD. No, 43530 Stephanie Hersperger Attorney LD. No. 78735 THOMAS, rHOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: soeduldia((i)tthlaw.com Attorneys for Defendant HERSHOCKS, INC. BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS,INC. Defendants JURY TRIAL DEMANDED TO: Bestline Equipment, Inc. c/o Jay Barry Harris, Esquire FINEMAN, KRESKSTEIN & HARRIS, PC 19th Floor 1608 Walnut Street Philadelphia, Pennsylvania 19103 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER CROSS CLAIM WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: March 9, 2004 By: ~Aa/7U.i.:::2.. ~~t:n 5--- STEPHE E. GEDULDIG, ESQUIRE ~ STEPHANIE HERSPERGER, ESQUIRE B 0irt -....,;' (/'5 r-::';;' .:!":: 2~:r-:' >," ;;7 ~ ...- ;i:: ::< ...., = = -- o '11 .-; ~-" 'P :nnl "J? Oc ::;:j-fJ rj-ri lsf:1 ~ ~ CJ "'" :.;~ - - Stephen E. Geduldig, Esquire Attorney 1.0, No. 43530 Stephanie Hersperger Attorney 1.0. No. 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108~0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: saeduldialWtthlaw.com Attorneys for Defendant: HERSHOCKS, INC. BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS,INC. Defendants JURY TRIAL DEMANDED TO: JLG Industries, Inc. c/o Joseph P. Trabucco, Esquire KELLY, McLAUGHLIN, FOSTER 620 West Germantown Pike Suite 350 Plymouth Meeting, Pennsylvania 19462-1056 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER CROSS CLAIM WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: March 9, 2004 By: ~~<< :/ ~~f STEPHE E. GEDULDIG, ESQUIR STEPHANIE HERSPERGER, ESQUIRE ~".-- (") ~ 'TJi"'ji ~iE -.<'"...,...-.. r:;C) <- ).:"".. ~E~ ~ "'" = = .r- ::I: ~... :;:0 o ,1 'T" [11;=== :gEl (:J L --1 C) ;r; =r~ ~~C) ~fil 'r., -......, "< o "'" "J:".- Stephen E. Geduldig, Esquire Attorney LD. No, 43530 Stephanie Hersperger Attorney l.D. No. 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108.0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: saeduldia@tthlaw.com Attorneys for Defendant: HERS HOCKS, INC. BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERS HOCKS , INC. Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT, HERSHOCKS, INC., TO NEW MATTER CROSSCLAIM OF DEFENDANT, BEST LINE EQUIPMENT, INC. Defendant, Hershocks, Inc. ("responding Defendant"), by and through its attorneys, Thomas, Thomas & Hafer, LLP, responds to the crossclaim of Defendant, Best Line Equipment, Inc., as follows: 31. Denied as stated. It is specifically denied that Defendant, Hershocks, Inc., entered into any written rental contract with Best Line Equipment, Inc., on or about May 5, 2003. Responding Defendant therefore denies that it entered into the written rental contract attached as Exhibit "A" to Best Line Equipment, Inc.'s crossclaim, which as attached, and on its face, is unenforceable as a writing since it is unsigned and undated. By way of further answer, Hershocks, Inc. did enter into an oral rental agreement with Best Line Equipment, Inc. for two boom lifts at around the time of May 5, 2003. 32. It is denied that responding Defendant entered into a written rental contract with Best Line Equipment, Inc., and that what is attached to Best Line Equipment, Inc.' s crossclaim as Exhibit "A", represents the terms of any rental agreement between the parties. 33. Denied. The allegations contained in paragraph 33 are conclusions of law to which no response is necessary under the Pennsylvania Rules of Civil Procedure. By way of further response, it is specifically denied that responding Defendant entered into any written rental agreement with Best Line Equipment, Inc. By way of further response, responding Defendant denies Plaintiffs' allegations of negligence, and therefore, denies any claims of liability or responsibility to Defendant, Best Line Equipment, contribution and/or indemnity. Inc. , including claims for WHEREFORE, the responding Defendant, Hershocks, Inc. I respectfully requests that Plaintiffs' claims and the crossclaim 2 of Best Line Equipment, Inc., be dismissed and that judgment be entered in its favor. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: March 9, 2004 By: /(ijff~//.-2- ?1/~<1--MC;Y---- STEPHE E. GEDULDIG, ESQUIRE / Attorney I.D. No. 43530 STEPHANIE HERSPERGER, ESQUIRE Attorney I.D. No. 78735 Attorneys for Defendant, HERSHOCKS,INC. 3 BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS,INC. Defendants JURY TRIAL DEMANDED VERIFICATION I, Stephanie L. Hersperger, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. DATE: March 9, 2004 Jt:Ef Odl.l.l ..2.. -;r; / a;---Uo-- Stepha ie L. Hersperger /' BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS,INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, the -E- day of postage prepaid, at Harrisburg, Pennsylvania, on March, 2004, on all counsel of record as follows: Terry Hyman, Esquire ANGINa &. ROVNER 4503 North Front Street Harrisburg, Pennsylvania 17110-1708 Attorneys for Plaintiffs Jay Barry Harris, Esquire FINEMAN, KRESKSTEIN &. HARRIS, PC 19th Floor 1608 Walnut Street Philadelphia, Pennsylvania 19103 Attorneys for Defendant, Best1ine Equipment, Inc. Joseph P. Trabucco, Esquire KELLY, McLAUGHLIN, FOSTER 620 West Germantown Pike Suite 350 Plymouth Meeting, Pennsylvania 19462-1056 Attorneys for Defendant, JLG Industries, Inc. THOMAS, THOMAS &. HAFER, LLP ~2~Q&'ks' o f; I, .<~ -.! -<c' (;:, ...., = <"> ..,... ?: ;;":J o .,.. --I :r: n,::rJ r- ""lJrn :~)o C) J :1;19 ~~~;l ~;(.i~ '<i o ~ ,"" .t.- N ~.u .-< . Stephen E. Geduldig, Esquire Attorney !.D. No. 43530 Stephanie Hersperger Attorney !.D, No. 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail: saeduldia(Q)tthlaw.com Attorneys for Defendant: HERS HOCKS, INC. BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS, INC. Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT, HERSHOCKS, INC., TO NEW MATTER CROSSCLAIM OF DEFENDANT, JLG INDUSTRIES, INC. Defendant, Hershocks, Inc. ("responding Defendant"), by and through its attorneys, Thomas, Thomas & Hafer, LLP, responds to the crossclaim of Defendant, JLG Industries, as follows: 46. Denied. The allegations contained in paragraph 46 are conclusions of law to which no response is necessary under the Pennsylvania Rules of Civil Procedure. By way of further response, responding Defendant denies Plaintiffs' allegations of negligence, and therefore, denies any claims of liability or responsibility to Defendant, JLG Industries, Inc., including claims for contribution and/or indemnity. are eonelueione of laW eo whieh no reepon,' ie neeeeeary weder ". Denied. Th' allegaeione eoneained in paragraph " eh' p,nneylvania Rul,e of Civil proeedure. By way of fureher reeponee, re,ponding Defendane deniee Plaineiff,' allegaeione of negligenee, and eherefore, deniee any elaims of liabiliey or reeponeibiliey eo D,f,ndane, JLG lndueeriee, Ine., inelUding claims for contribution and/or indemnity. re,peeefullY reque,ee ehae Plaineiffe' elaims and ehe eroseelaim WHEREFORE, the responding Defendant, Hershocks, InC. , of JLG Induseriee, Ine, be dismieeed and ehae judgroene be eneered in its favor. RespectfUllY submitted, THOMAS, THOMAS & HAFER, LLP By: ~""'t) -:z.?i/~q- STEPHE E. GEDULDIG, ESQUIRE / Attorney I.D. No. 43530 STEPHANIE HERSPERGER, ESQUIRE Attorney I.D. No. 78735 March 9, 2004 Attorneys for Defendant, HERSHOCKS,INC. 2 BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS,INC. Defendants JURY TRIAL DEMANDED VERIFICATION I, Stephanie L. Hersperger, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. DATE: March 9, 2004 .f!1iiifl7dl/; 2 ~~~ Steph ie L. Hersperger BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS,INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing postage prepaid, at Harrisburg, Pennsylvania, on United States Mail, the q day of document was served by depositing the same in the March, 2004, on all counsel of record as follows: Terry Hyman, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, pennsylvania 17110-1708 Attorneys for Plaintiffs Jay Barry Harris, Esquire FINEMAN, KRESKSTEIN & HARRIS, PC 19th Floor 1608 Walnut Street philadelphia, Pennsylvania 19103 Attorneys for Defendant, Bestline Equipment, Inc. Joseph P. Trabucco, Esquire KELLY, McLAUGHLIN, FOSTER 620 West Germantown Pike Suite 350 Plymouth Meeting, Pennsylvania 19462-1056 Attorneys for Defendant, JLG Industries, Inc. THOMAS, THOMAS & HAFER, LLP ,~h!f1 UfJfts, 'AShleigh. Oates (') c: f___ ~> =? ....., = c, .c- ::Jl: ~ :;cI r: O~ '11 '---. :t nl::!J r"- :pp:! () t :;';'" ~-) ..C_T' ~);-~ {.,;rn -, o ;:r,,, -,~ ..r:- "0 ,1.'" -< Stephen E. Geduldig, Esquire Attorney r.D. No. 43530 Stephanie Hersperger Attorney r.D. No. 78735 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 FAX (717) 237-7105 E-Mail, ~eduldig@tthlaw.com Attorneys for Defendant, HERSHOCKS, INC. BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS, INC. Defendants JURY TRIAL DEMANDED ANSWER OF DEFENDANT, HERSHOCKS, INC., TO PLAINTIFFS' COMPLAINT, NEW MATTER AND NEW MATTER CROSSCLAIM, PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2252(d) DIRECTED TO CO-DEFENDANT, BEST LINE EQUIPMENT, INC. AND CO-DEFENDANT, JLG INDUSTRIES, INC. AND NOW COMES, Defendant, Hershocks, Inc., by and through its attorneys, Thomas, Thomas & Hafer, LLP, and files the following Answer to Plaintiffs' Complaint, New Matter and New Matter Crossclaim, pursuant to Pa. R. Civ. P. 2252(d), directed to Co-Defendant, Best Line Equipment, Inc., and Co-Defendant, JLG Industries, Inc.: 1. Denied. After reasonable investigation, the Defendant, Hershocks, Inc., is without sufficient information or knowledge to form a belief as the truth of the matter asserted in this paragraph, and therefore, same is denied and strict proof is demanded at the time of trial. 2. This paragraph of Plaintiffs' Complaint is not directed to Defendant, response is required. Hershocks, Inc. , and therefore, no 3 . This paragraph of Plaintiffs' Complaint is not directed to Defendant, response is required. 4. It is admitted only that Defendant, Hershocks, Inc., Hershocks, Inc. , and therefore, no is a profit-making corporation located in Harrisburg, Dauphin County, Pennsylvania and is primarily involved in glass and glazing specialty trades, which includes the installation of windows. The remaining averments in this paragraph are denied and strict proof is demanded at the time of trial. 5. Admitted only that Defendant, Hershocks, Inc., leased the boom lift at issue from Best Line. The remaining averments contained in this paragraph of Plaintiffs' Complaint are denied because Defendant, Hershocks, Inc. , after reasonable investigation, is without sufficient information or knowledge to form a belief as the truth of the matters asserted, and therefore, same is denied and strict proof is demanded at the time of trial. The remaining averments contained in this paragraph also are denied pursuant to Pa. R. Civ. P. l029(e) 2 6. The averments contained in this paragraph of Plaintiffs' Complaint are denied generally in accordance with and pursuant to Pa. R. Civ. P. 1029(e), and thus, strict proof of same is demanded at the time of trial. 7. Admitted. 8. Admitted. 9.-18. Denied as stated. After reasonable investigation, Defendant, Hershocks, Inc., is without sufficient information or knowledge to form a belief as the truth of the matters asserted in Paragraphs 9 through 18 of Plaintiffs' Complaint, and therefore, same are denied and strict proof is demanded at the time of trial. The averments contained in these paragraphs also are denied pursuant to Pa. R. Civ. P. 1029(e). BRYAN L. BOAS and his wife, KELLY BOAS v. BESTLINE EQUIPMENT, INC. COUNT I 19. Defendant, Hershocks, Inc., incorporates by reference Paragraphs 1 through 18 as if the same were fully set forth herein at length. 20.-21. Denied. The allegations contained in these paragraphs and subparagraphs of Plaintiffs' Complaint are conclusions of law as opposed to statements of fact and no response is required. A response also is not required to the extent that these paragraphs and subparagraphs of Plaintiffs' Complaint are directed to a defendant other than Defendant, 3 Hershocks, Inc. To the extent a response may be deemed required, it is denied that Defendant, Hershocks, Inc., in any way was negligent and/or caused and/or contributed to any of Plaintiffs' alleged injuries. Thus, all such allegations are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant, Hershocks, Inc., demands judgment in its favor and against Plaintiffs without cost to it. BRYAN L. BOAS and his wife, KELLY BOAS v. JLG INDUSTRIES, INC. COUNT II 22. Defendant, Hershocks, Inc., incorporates by reference Paragraphs 1 through 21 as if the same were fully set forth herein at length. 23. Denied. The allegations contained in this paragraph and subparagraphs of Plaintiffs' Complaint are conclusions of law as opposed to statements of fact and no response is required. A response also is not required to the extent that this paragraph and subparagraphs of Plaintiffs' Complaint are directed to a defendant other than Defendant, Hershocks, Inc. To the extent a response may be deemed required, it is denied that Defendant, Hershocks, Inc., in any way was negligent and/or caused and/or contributed to any of Plaintiffs' alleged injuries. Thus, all such allegations are denied and strict proof is demanded at the time of trial. 4 WHEREFORE, Defendant, Hershocks, Inc., demands judgment in its favor and against Plaintiffs without cost to it. BRYAN L. BOAS and his wife, KELLY BOAS v. HERSHOCKS, INC. COUNT III 24. Defendant, Hershocks, Inc., incorporates by reference Paragraphs 1 through 23 as if the same were fully set forth herein at length. 25.(a)-(I). Denied. The averments contained in this paragraph and subparagraphs of Plaintiffs' Complaint are denied as legal conclusions. By way of further answer, it is denied that Defendant, Hershocks, Inc. , through its employees, servants, agents and apparent agents, was in any way was negligent and/or caused and/or contributed to any of Plaintiffs' alleged injuries. Thus, all such allegations are denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant, Hershocks, Inc., demands judgment in its favor and against Plaintiffs without cost to it. NEW MATTER By way of further response to the allegations contained in Plaintiffs' Complaint, Defendant, Hershocks, Inc., hereby raises the following New Matter in accordance with Pennsylvania Rule of Civil Procedure 1030: 5 26. Defendant, Hershocks, Inc., incorporates by reference Paragraphs 1 through 25 of its Answer above as if the same were fully set forth herein at length. 27. The subject accident, injuries and/or claims of the Plaintiffs were solely, proximately and/or comparatively caused by the carelessness and negligence of Plaintiff, Bryan Boas, and, as such, his claims may be barred and/or diminished to the comparative degree of his own negligence under and by virtue of the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. ~ 7102. 28. Plaintiffs' Complaint fails to state a cause of action against Defendant, Hershocks, Inc., upon which relief can be granted. 29. No act or failure to act on the part of the Defendant, Hershocks, Inc., was a substantial factor in bringing about Plaintiffs' alleged injuries. 30. The Plaintiffs' alleged injuries and damages were the result of acts or omissions by third parties, over whom Defendant, Hershocks, control. Inc., had no legal responsibility or 31. Plaintiff, Bryan Boas, may have assumed the risk, which assumption of the risk caused the Plaintiffs' harm. 6 32. Defendant, Hershocks, Inc., asserts that this action may be barred by the doctrines of res judicata and/or collateral estoppel, which are asserted herein. 33. Plaintiffs may have failed to mitigate their damages, if any. 34. For the purpose of preserving the same, and subject to discovery, all or some of Plaintiffs' claims may be barred pursuant to the affirmative defenses of release, offset, or accord and satisfaction. 35. For the purpose of preserving the same, and subject to discovery, all or some of Plaintiffs' claims may be barred by the applicable statute of limitations. 36. Defendant, Hershocks, Inc., through its agents, servants and employees, was not negligent. 37. Defendant, Hershocks, Inc.1 may be entitled to immunity pursuant to the Pennsylvania Workers' Compensation Act if it is found that Plaintiff, Bryan Boas, was acting under the direction and/or control of Defendant, Hershocks, Inc. and was within the scope of said control and/or direction when his alleged accident occurred. WHEREFORE, Defendant, Hershocks, Inc., demands judgment in its favor and against Plaintiffs without cost to it. 7 NEW MATTER CROSSCLAIM OF DEFENDANT, HERS HOCKS , INC., PURSUANT TO PA. R. CIV. P. 2252(d), DIRECTED TO ALL CO-DEFENDANTS Defendant, Hershocks, Inc., hereby raises the following New Matter Crossclaim pursuant to Pa. R. Civ. P. 2252(d), directed to all Co-Defendants: 38. Defendant, Hershocks, Inc., incorporates by reference Paragraphs 1 through 37 of its Answer and New Matter above, as if the same were fully set forth herein at length. 39. If the averments contained in the Plaintiffs' Complaint are established, said averments being specifically denied as they may relate to Defendant, Hershocks, Inc., then the injuries and damages complained of were caused solely by the Co-Defendants, JLG Industries, Inc. and/or Best Line Equipment, Inc. 40. Alternatively, Defendants, JLG Industries, Inc. and/or Best Line Equipment, Inc., have been joined herein to protect Defendant, Hershocks, Inc.' s rights of indemnity and contribution, and Defendant, Hershocks, Inc., avers that the above-said Co-Defendants may be alone liable to the Plaintiffs, or in the alternative, that the above-said Co-Defendants may be liable over to Defendant, Hershocks, Inc., or jointly and severally liable on the Plaintiffs' causes of action. 8 WHEREFORE, Defendant, Hershocks, Inc., demands judgment in its favor and against Plaintiffs without cost to it. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: A~~~/i' -2-:J~/.~~ STEPHE E. GEDULmG, ESQUIR Attorney I.D. No. 43530 ---- STEPHANIE HERSPERGER, ESQUIRE Attorney I.D. No. 78735 Attorneys for Defendant, HERSHOCKS, INC. Date: March 9, 2004 9 VERIFICATION I, ::SON' (... 61lI..Sf?>111.l6/!, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn fa . lCallo authorities. , ~it) y BRIAN L. BOAS and KELLY BOAS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003-6325 BESTLINE EQUIPMENT, INC.; JLG INDUSTRIES, INC.; and HERSHOCKS,INC. Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, the L day of postage prepaid, at Harrisburg, Pennsylvania, on March, 2004, on all counsel of record as follows: Terry Hyman, Esquire ANGINO & ROVNER 4503 North Front Street Harrisburg, Pennsylvania 17110-1708 Attorneys for Plaintiffs Jay Barry Harris, Esquire FINEMAN, KRESKSTEIN & HARRIS, PC 19th Floor 1608 Walnut Street Philadelphia, Pennsylvania 19103 Attorneys for Defendant, Bestline Equipment, Inc. Joseph P. Trabucco, Esquire KELLY, McLAUGHLIN, FOSTER 620 West Germantown Pike Suite 350 Plymouth Meeting, Pennsylvania 19462-1056 Attorneys for Defendant, JLG Industries, Inc. THOMAS, THOMAS & HAFER, LLP 4fl~~"~Q}f J (") c;; ,."," ,.-, 1... (. -7/ c:~ -< c .~' , "'" = <"-" or- 3: "'~ :;'.:1 o '.11 --1 -,- fii:::J 1'-- ....,m ::00 .-::>_L ::::..,C) ~r~ ., Cl ~:-oo -.:~: ~ ~~J -< N FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. No. 03-6325 BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. Defendants JURY TRIAL DEMANDED DEFENDANT BESTLINE EQUIPMENT, INC.'S ANSWER TO DEFENDANT HERSHOCKS, INC.'S NEW MATTER CROSSCLAIM PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2252(d) 38. No response is required under the Pennsylvania Rules of Civil Procedure. 39. Denied. It is specifically denied that Defendant BestLine Equipment, Inc. was negligent, careless, reckless or acted improperly in any respect whatsoever. By way of further answer, the allegations contained in paragraph 39 are conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 40. Denied. It is specifically denied that Defendant BestLine Equipment, inc. is liable to the Defendant Hershocks, Inc. By way of further answer, the allegations contained in paragraph 40 conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure WHEREFORE, Defendant BestLine Equipment, Inc. requests that the New Matter in the Nature of a Crossclaim Pursuant to Pa.R.C.P. 2252(d) of Defendant Hershocks, Inc. be dismissed and judgment be entered in favor of Defendant BestLine Equipment, Inc. and against Defendant Hershocks, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. BY~ ~ \~ilMh J Y YH S H B. PATEL March 15, 2004 Attorneys for Defendant BestLine Equipment, Inc. VERIFICATION I, JAY BARRY HARRIS, ESQUIRE, attorney for BestLine Equipment, inc. hereby verify that the allegations in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. c.s. S 4904 relating to unsworn falsification to authorities. March 15,2004 ~y~~~ j-: t-j (' -.-1 -< -. ....1 C:::::::t ~"') ~- =.t: ~ o -n :;j iii21 r- :P~q _dO C) , >!cj ~~i~i ~ _1 -', :x ry C) BRYAN L. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 03-6325 Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., JURY TRIAL DEMANDED Defendants PLAINTIFFS' MOTION TO COMPEL 1. This case is a products liability case involving an allegedly defective lift manufactured by JLG Industries, Inc., model JLG80HX. 2. The lift was rented by Defendant BestIine Equipment, Inc., and supplied to Plaintiff by Hershocks, Inc. 3. On or about February 3, 2004, Plaintiffs filed Interrogatories on Defendant BestIine Equipment, Inc., attached hereto as Exhibit A. 4. On March 26, 2004, Defendant BestIine Equipment, Inc., filed Answers and Objections to the Plaintiffs' Interrogatories which are attached hereto as ]~xhibit B. 5. The Interrogatories at issue in this Motion to Compel are Interrogatories number 26 and 27. 6. Interrogatory number 26 reads: Please provide the date of every inspection that you did on the subj ect list on the year prior to Plaintiffs accident, the date of each inspection, the person who performed the inspection, his immediate supervisor, and identify every document which has any information about the inspection. Defendant BestIine Equipment, Inc., objected to this interrogatory as follows: Objection. This discovery request is objected to on the ground that it is oppressive, overly broad, remote and unduly burdensome, inadequately defined as to time and without reasonable limitation as to its scop. However, without waiving this objection, BestIine performed an investigation after each rental ofthe lift involved in the incident at issue. 27429LlINJRIMAR 7. Plaintiffs' Interrogatory number 27 reads as follows: Prior to Plaintiffs accident, have you ever received any complaint, whether or not it resulted in a personal injury, that a component which served to support or hold the boom in an extended position on a JLG boom lift had failed or was defective? If answered affirmatively, please provide the following: a. The identity of the person involve:d; b. The circumstances of the incident; c. The equipment involved in the ineident; d. The date ofthe incident; e. What action if any you took regarding the incident; and f. Identify any documents you have regarding the accident. Defendant filed the following objection: Objection. This discovery request is objected to on the ground that it is oppressive, overly broad, remote and unduly burdensome, inadequately defined as to time and without reasonable limitation as to its scope. However, without waiving this objection, Bestline has received complaints where the hydraulic cylinder may leak causing the boom to slowly move downward, however, there has not been a reported incident where the boom collapsed as alleged in the incident at issue. ARGUMENT - INTERROGATORY NUMBER 26 Interrogatory number 26 is limited both in terms of time: and scope. Plaintiffs specifically requested information regarding inspections done only on this particular lift and only in the year prior to the Plaintiffs accident. The information requested in this Interrogatory, if, in fact, inspections were performed should be readily available to the Defendant. Defendants have not indicated why such a restricted interrogatory would be unduly burdensome or overly broad. If Defendants do not have any records of inspections allegedly performed, they should so state. They should also be required to provide the names of any persons performing such inspections even if no documents were generated or records we:re kept of such inspections. 27429Ll INJRIMAR The Plaintiffs have a right to know of any problems with the aforesaid lift known to the Defendant within a reasonable period prior to the accident so that Plaintiffs can inquire into what remedial measures may have been taken and what changes, if any, may have been made to the lift in the year prior to the accident. Since Defendants have neither shown why the answer to this Interrogatory would require them to make an undue search of their records, and because the Interrogatory is limited in scope, Defendant should be compelled to answer that interrogatory. ARGUMENT - INTERROGATORY NUMBER 27 With regard to Interrogatory number 27, often a Defendant will attempt to show that a particular product has not been the subject of complaints other than the one in the particular case at bar. Defendants will argue that the fact that there have b,een no other complaints argues against their manufacturing or design defect or the failure of a component part. Plaintiffs have therefore requested in answer to Interrogatory number 27 whether any complaints have been received with regard to components which support the boom or defects in the aforesaid parts. Defendants have not stated whether they hep records of such complaints, whether the records are readily available and how extensive a search would be necessary in order to support their contention that the interrogatory is oppressive and burdensome. If Defendants keep no such records, or collected no such data, then they should simply so state. If such records, however, are kept, there are no doubt readily available and would be available to attempt to provide a defense in this matter. Unless Plaintiffs have some idea of the complaint or defect history of this particular boom type, Plaintiffs will be unable to rebut any argument that there is a lack of pervious complaints concerning the alleged defect. 274291.J\NJRIMAR Alternatively, if Defendants indicate that they do not kl:ep such records, then Defendant should be forestalled from using as a defense the argument that they do not have any record of previous complaints or defects in the aforesaid lift type. Plaintiff should be permitted to know what defenses may be raised and what the evidence of those defenses would be. Plaintiff also has a right to know of any history of defects in this particular design or boom in order to determine similarities with the case at bar. It would be fundamentally unfair to allow the Defendant to argue that there have been no similar accidents or complaints without the availability to test such an assertion through a review of records and/or depositions of the persons making such assertions. If this information is in fact not compiled by the Defendant, Plaintiffs should have a right to know that as well. WHEREFORE, for these reasons, Defendants should be ordered to provide answers to Interrogatories number 26 and 27 or be forestalled from presenting a defense of lack of previous complaints and/or assertions that adequate inspections were performed. Respectfully submitted, Date: \..\) 2/ ej/ ANGINO & ROVNER, P. 1/ / /I ,,/ /)?/ I, (/ ,/ . / " Vi' ;,< Neil J. R~;; r, squ' e !.D. No. ~08 4503 N Front Stre Harrisburg, P A 1711 0 (7 I 7) 238-6791 Counsel for Plaintiff( s) 27429LlINJRIMAR BRYAN 1. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 03-6325 Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., JURY TRIAL DEMANDED Defendants PLAINTIFFS' INTERROGATORIES ADDRESSED TO DEFENDANT BESTLINE EQUIPMENT. INC. TO: BESTLINE EQUIPMENT, INC. c/o Jay Barry Harris, Esquire FINEMAN & BACH, P.C. 1608 Walnut Street 19th Floor Philadelphia, PA 19103 Plaintiffs, through their attorney, hereby propound the following Interrogatories upon Defendant pursuant to pennsylvania Rules of Civil Procedure 4005 and 4006 to be answered within thirty (30) days from service thereof. These Interrogatories shall be deemed to be continuing Interrogatories. If between the time of your answers to said Interrogatories and the time of the trial for this case you or anyone acting on your behalf learns the identity and whereabouts of any other witnesses not identified in your said answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish the same to Plaintiffs' attorney by supplemental answers. For the purposes of these Interrogatories, "vou" or "YlLur" refers to the defendant and his or her files, the defendant's insurance companv and its files, the d<efendant's attornev and his files, and all other persons. agents or representatives of the defendant and their files. "You" shall further include all persons on whose behalf defendant prosecutes this action and all persons who will benefit or be legally bound by the results of this action. Your answers to the Interrogatories shall reflect and contain the knowledge of all of the above persons. References to Plaintiff and/or defendant shall be interpreted as singular or plural, depending upon the particular circumstances of each case. The term "description" or "describe" as used herein shall mean that the defendant shall set forth the name and address of the author or originator, dates, title or subject matter, the present custodians of the original and of any copies, and the last known address of each custodian. "Document" shall mean any written, printed, typed or other graphic matter of any kind, whether handwritten, typed or printed, whether distributed or undistributed. It shall include without limitation letters, memoranda, articles, studies, notebooks, diaries and notes, as well as all 267731.1 ITSH\JSS mechanical and electronic sound recordings or transcripts thereof in the possession or control of the defendant or known by her to exist. It shall also mean all copies of documents by whatever means made. Answer each Interrogatory in the space following the Interrogatory. Supplemental sheets may be attached for answers, which require additional space. Please take notice that you are required to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure 4006. These Interrogatories are to be deemed continuing and supplemental answers should be provided promptly. Respectfully submitted, . ANGINa & ROVNER, P.c. ..-.1/-1 ../~::i '1 ",' ,-'I i-"- -' o."'/''! '.":._i//,;....",/(,;:"'.~~./J/. . /~1 /,_' k. / /1,,(,' . -J.-"VI / Terry's: Hymart, Es4uire . , I.D. No. 36807 v 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238..6791 Counsel for Plaintiffs Date: 2(~ /d./ 26773 U\TSH\JSS INTERROGATORIES 1. Do you admit that the JLG 80 foot boom lift inspected imd dismantled at Bestline's State College facility on August 14, 2003 in the presence of persons representing all parties listed on the caption of this case, is the lift involved in Brian Boas' accident of May 21, 2003 described in the Complaint? Yes No 26773L1ITSH\JSS 2. If you answered the preceding question "No", please provide every fact which content shows, or raises doubt, that the lift inspected was not the lift involved in Plaintiffs accident. 26773 U\TSH\JSS 3. If following Plaintiffs accident you had possession or custody of the lift involved in the accident or any part or component of that lift, up to an including the August 14,2003 inspection, describe the actions you took to preserve the lift in the condition it was immediately following the accident, who took such actions, and list every part which was removed from or altered between the time of Plaintiffs accident and the start of the inspection on August 14,2003. 267731.1 ITSH\JSS 4. Please list by part number and name, every component of the subject lift which, if it broke or malfunctioned while the boom was in an extended position would result in an uncontrolled retraction ofthe boom sections. 26773L1\rSH\JSs 5. Please identify the part number and name and drawing number and page from any manual, for every chain which is attached to the fly section of the boom, and every component used to attach the chain to the fly section 267731.1 ITSH\JSS 6. For each inspections you performed of the compollients of the boom sections or any component located inside any of the boom sections between the time you purchased the JLG lift and the date of the Plaintiffs accident. provide: (a) The date of the inspection; (b) The name and employer of the persons who did the inspection; (c) The parts inspected; (d) The purpose of the inspection; (e) Identify any document which contains any inspection procedures, protocols, forms, checklists or recommended practices; and (f) Identify any document, which contains results of the inspection. 26773 L1 ITSH\JSS 7. From the date of purchase ofthe subj ect lift until the date of Plaintiff s accident, in each instance when you replaced one the bolts which served to attach any chain to the fly boom section of the subj ect lift, provide. (a) The date of the replacement; (b) The SAE number of the replacement bolt; (c) The name and employer of the persons who did the replacement; (d) State whether any damage was present to the bolts, the chain or the point of attachment on the fly section; (e) The reasons why the bolts were replaced; and (f) Identify any document, which contains any infoffilation about the replacement, including documents showing the work done, the persons doing the work, and the source ofthe replacement bolts. 26773L1\TSH\JSS 8. Describe any regular method utilized by you to inspect the bolts and mechanism used to attach any chain to the fly boom section, and the entity who devised the method, i.e. you, the manufacturer, ANSI etc. 267731.1\TSH\JSS 9. Please identify the last Bestline employee to physically touch the bolts used to attach a chain to the fly section of the subject lift, prior to Plaintiffs accident, the date he touched the bolts, what actions he took with the bots and the reasons why he was doing what he was doing. 26773L1\TSH\JSS 10. Please identify the last Bestline employer to visually observe the bolts used to attach a chain to the fly section of the subject lift, prior to Plaintiffs accident, the date he observed the bolts, what he observed and the reasons why he was looking at the bolts. 267731.1\TSH\JSS 11. Have you or anyone working on your behalf determined what caused the bolts which attached the chain to the fly section of the boom, to fail.? Yes No (a) If answered "Yes" , please identify the person" state what they determined to be the cause of the failure, and what led them to their conclusion (b) If answered "no", state whether you do or do not agree that the bolts serving to attach the extend chain to the fly boom failed, and every basis for your answer to this subpart. Agree Disagree 267731.1 ITSH\JSS 12. Please identify every change or alteration to the JLG lift involved in the accident, which occurred from the time you delivered the subject lift to Hershocks up to the inspection of August 14,2003. 26773L1\TSH\JSS 13. Identify the person who answered the previous Interrogatory; and all records upon which you relied in answering that Interrogatory. 267731.1 ITSH\JSS 14. Please identify any changes in conditions of, or alterations to, the subject JLG lift from the date is was delivered to you at the time of purchase untillhe date you delivered the subject lift to Hershocks inlmediately prior to Plaintiff s accident. 26773L1\TSH\JSS 15. Did any Bestline Employee go to the job site at Kutztown University at any time during the period Hershocks had the subject boomlift in its possession either before or after Plaintiffs accident? Yes No 267731.1 ITSH\JSS 16. If the preceding Interrogatory was answered "yes" provide: (a) The employees name, position, and current employment status; (b) The date he was on site; (c) Why he was on site; (d) What, if anything, he did concerning the subject boom lift; (e) The name, employer, and contents of any contacts or conversations he had with any person on the job site; and (f) Identify work order, invoice, memo, document or retrievable computer data, which contains any information about the visit. 267731.1 ITSH\JSS 17. Did Bestline comply with all of JLG's recommended inspections and preventative maintenance procedures on the subject lift from the date of purchase until the date of the accident? Yes No 267731.1\TSH\JSS 18. If the preceding Interrogatory was answered "Yes,'" please identify the person who answered and identify all documents, which show your compliance with JLG's recommendations. 26773 LI ITSH\JSS 19. If Interrogatory 17 was answered "No", please identify which JLG recommendations were not followed and state why they were not followed and identify the person answering this Interrogatory. 267731.1 ITSH\JSS 20. Did Bestline comply with the inspections and preventative maintenance procedures contained in any ANSI, SIA, OSHA or any other industry starldards, on the subject lift from the date of purchase until the date of the accident? Yes No 267731.1\TSH\JSS 21. If the preceding Interrogatory was answered "Yes," please identify the standard, the person who answered the Interrogatory and identify all documents which show your compliance with the standard. 267731.1\TSH\JSS 22. If Interrogatory 20 was answered "No", please state why ANSVSIA An.5 was not followed, on the subject lift and identify the person answering this Interrogatory. 26773 LI ITSH\JSS 23. Please list every entity andlor person who rented the subject boom lift in the 12 months prior to Plaintiffs accident, and dates each rental started and ended. (This answer should include the rental to Hershocks existing at tl1e time of the accident.) 267731.1\TSH\JSS 24. Please describe in detail the system you use to determine whether any danlage has been done to a boom lift following a rental. 267731.I\TSH\JSS 25. If not included in your response to the prior Interrogatory, please describe in detail the inspection, which was done to the subject lift following each rental use. 26773L1\TSH\JSS 26. Please provide the date of every inspection your did on the subject lift in the year prior to Plaintiff s accident, the date of each inspection, the person who performed the inspection, his immediate supervisor, and identify every document which has any information about the inspection. 267731.1 ITSH\JSS 27. Prior to Plaintiffs accident have you ever received any complaint, whether or not it resulted in a personal injury, that a component which serves to support or hold the boom in an extended position on a JLG boom lift had failed or was defective? If answered affirmatively, please provide the following: (a) the identity of the person involved; (b) the circumstances of the incident; (c) the equipment involved in the incident; (d) the date of the incident; (e) what action, if any, you took regarding the incident; and (f) identify any documents you have regarding the accident. 26773 LI ITSH\JSS 28. Does Bestline have any organized method by which it collects andlor indexes information regarding accidents involving its products? Yes No 267731.1 ITSH\JSS 29. If the previous Interrogatory was answered affirmatively, please provide: (a) a description of the system; (b) the identity of the person most familiar with the system; and (c) describe or provide any template or form used to input data into the system. 267731.1 ITSH\JSS 30. Please provide the following information; (a) the location of the Bestline facility from which the JLG lift involved in Plaintiffs accident was rented; (b) the manager of the facility identified in subpart (a); (c) the service manager for the facility identified in subpart (a); (d) the location of the Bestline facility where yearly maintenance was performed by Bestline on the JLG lift involved in Plaintiff accident; (e) the service manager for the facility identified in subpart (d); and (f) the persons who performed the yearly maintenance/inspection on the lift involved in Plaintiffs accident. 267731.1 ITSH\JSS 31. If you contend that any person, including Plaintiff abused or misused the subject lift in any fashion which in any contributed to the accident provide: (a) the manner in which the lift was misused or abused; (b) the evidence which lead you to believe the lift was misused or abused; (c) the person or entity who you contend misused or abused the lift; and (d) the evidence which lead you to the person or entity identified in the above response, misused or abused the lift. 267731.1\TSH\JSS 32. List the names, addresses, and telephone numbers of each fact witness who you consider to have information relevant to this case and briefly sUlllIDarize the subject of which they have knowledge. 267731.1\TSH\JSS 33. With regard to each individual you expect to call as ,m expert witness at trial, state the following: (a) the subject matter on which the expert is expected to testify; (b) the substance of the facts and opinions to which the expert is expected to testify; and (c) a SUlllIDary of the grounds for each opinion. 267731.1 ITSH\JSS 34. With regard to each individual you expect to call as an expert witness at trial, state the following: (a) date of birth; (b) name and address of present employer., and if self-employed, name and address of the business; (c) full formal educational background, with date of attendance and degrees obtained; (d) a list of all writings andlor documents of any kind prepared in whole or in part by the expert; and (e) name and addresses of all persons, firms, or corporations who have retained this expert in the past ten years to render a report or testify as an expert witness. 267731.1 ITSH\JSS 35. If you will contend at trial that Plaintiff was contributorily negligent, assumed the risk of his injury or that his conduct in any way contributed to his injuries, provide: (a) describe the negligent conduct or risk assumed, and the manner in which it caused or contributed to Plaintiff s injuries; (b) every witness who you believe has facts upon which you will base your contention; and (c) every document containing facts upon which you will base your contention. 267731.1\TSH\JSS 36. If you will contend at trial that the conduct of some person or entity other than you or Plaintiff in any way contributed to Plaintiff s injuries, provide: (a) identify the person or entity; (b) describe the conduct and the manner in which it caused or contributed to Plaintiff's injuries; (c) every witness who you believe has facts upon which you will base your contention; and (d) every document containing facts upon which you will base your contention. 267731.1\TSH\JSS 37. Consistent with Pa..R.C.P 4009.12(a), for every response to Plaintiffs Request for Production to which you have made an Objection, identify with reasonable particularity each document or thing which you have not produced because you contend it is beyond the scope of permissible discovery, including claims of privilege or work product, and state the basis for non- production. 267731.1 ITSH\JSS 38. List the names, addresses, and telephone numbers of each fact witness who you consider to have information relevant to this case and briefly sUlllIDarize the subj ect of which they have knowledge. 26773 L1 ITSH\JSS 39. With regard to each individual you expect to call as an expert witness at trial, state the following: (a) the subject matter on which the expert is expected to testify; (b) the substance of the facts and opinions to which the expert is expected to testify; and (c) a SUlllIDary of the grounds for each opinion. 267731.1 ITSH\JSS 40. With regard to each individual you expect to call as an expert witness at trial, state the following: (a) date of birth; (b) name and address of present employer, and if self-employed, name and address of the business; (c) full formal educational background, with date of attendance and degrees obtained; (d) a list of all writings andlor documents of any kind prepared in whole or in part by the expert; and (e) name and addresses of all persons, finns, or corporations who have retained this expert in the past ten years to render a report or testify as an expert witness. 267731.1 ITSH\JSS 41. If you will contend at trial that Plaintiff was contributorily negligent, assumed the risk of his injury or that his conduct in any way contributed to his injuries, provide: (a) describe the negligent conduct or risk assumed, and the manner in which it caused or contributed to Plaintiff s injuries; (b) every witness who you believe has facts upon which you will base your contention; and (c) every document containing facts upon which you will base your contention. 267731.1\TSH\JSS 42. If you will contend at trial that the conduct of some person or entity other than you or Plaintiff in any way contributed to Plaintiff s injuries, provide: (a) identify the person or entity; (b) describe the conduct and the manner in which it caused or contributed to Plaintiff's injuries; (c) every witness who you believe has facts upon which you will base your contention; and (d) every document containing facts upon which you will base your contention. 267731.1\TSH\JSS 43. Consistent with Pa..R.C.P 4009.l2(a), for every response to Plaintiffs Request for Production to which you have made an Objection, identify with reasonable particularity each document or thing which you have not produced because you contend it is beyond the scope of permissible discovery, including claims of privilege or work product, and state the basis for non- production. 267731.1\TSH\JSS 44. Are you or anyone acting on your behalf in possession of or know of the existence of any photographs, blueprints, sketches, drawings, diagrams, or plans of the instrumentality, locality, equipment, tools, or any other thing or matter involved in the incident in suit? If so, state: (a) the nature of the document, the name(s) and addressees) of the person(s) preparing such document, and the date of its preparation; (b) the name(s) and addressees) of the person(s) presently having possession or custody of each such document; (c) the specific subject matter of the document; (d) the date it was made or taken; and ( e) what the document purports to show, illustrate or represent. 267731.1\TSH\JSS 45. Identify all exhibits, which you expect to offer into evidence at the time of trial ofthis case. 26773L1ITSH\JSS 46. Give the carrier name, policy number and policy limits tiJr each and every policy insuring you against the claims made in the instant action, and any reason why the policy would not be applicable to Plaintiff's claim. 26773 1.1 ITSH\JSS 47. If you contend that Plaintiff was not using the boomlift for its intended purpose at the time of his accident, provide: (a) describe every manner in which Plaintiff was not using the boomlift for its intended purpose; (b) state the manner, if any, Plaintiffs failure to use the boomlift for its intended purpose contributed to his accident; (c) identify the persons who will testify to facts supporting this contention; (d) identify the persons who will testify that plaintiff was not using the boomlift for its intended purpose; and (e) identify all documentary or graphic evidence which supports this. 267731.1\TSH\JSS 48. Will you, any person employed by you or the entity with which you practice , any treating health provider or any person other than an expert you have retained for the purposes of this litigation be offering opinion testimony at trial on: (a) The presence or absence of a defect in the subject product Yes No__ (b) The responsibility of any defendant (including yourself) for the accident Yes No (c) The causal relationship or lack of causal relationship between the conduct of any defendant and the injuries alleged by Plaintiff. Yes No (d) That Plaintiffs injuries were unavoidable or caused by reasons other than one of the defendants' conduct alleged in the Complaint Yes No (e) That Plaintiff has not sustained the injuries, which he has claimed in this litigation. Yes No (f) On any subject which would be covered by expert testimony subject to the requirements ofPa.R.C.P. 4003.5 Yes No 267731.1 ITSH\JSS 49. If you answered any subpart of the preceding Interrogatory "Yes", provide the following: (a) The name of the witnesses; (b) The qualifications of the witness; (c) Every opinion which the witness will offer; (d) The facts to which the witness will testify; (e) The facts upon which the witness relied in reaching his opinions; (f) The names of the witnesses and non-testimonial evidence upon which the witness relied in reaching his opinions; and (g) Any relationship the witness has to you, and/or the lawyer or law firm who represents you. 26773L1\TSH\JSS CERTIFICATE OF SERVICE AND NOW, this 3rd day of February 2004, I, Janice S. Smith, an employee of Angino & Rovner, P.C., do hereby certify that I have served a true and correct copy of the PLAINTIFFS' INTERROGATORIES ADDRESSED TO DEFENDANT BESTLINE EQUIPMENT, INC., by depositing said copy in the United States mail, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Jay Barry Harris, Esquire FINEMAN & BACH, P.C. 1608 Walnut Street 19th Floor Philadelphia, P A 19103 Attorney for Bestline Equipment, Inc. Joseph P. Trabucco, Esquire KELLY, MCLAUGHLIN, FOSTER 620 West Germantown Pike Suite 350 Plymouth Meeting, P A 19462-1056 Attorney for JLG Industries, Inc. Barry Deaven, President Hershocks, Inc. 1513 North Cameron Street Harrisburg, PA 17103-1015 c/:- ~i?C-&-/ ~/.'/du Janice S(Smith // ~--_. 26773LIITSH\JSS FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN 1.. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. No. 03-6325 BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. Defendants JURY TRIAL DEMANDED DEFENDANT BEST LINE EQUIPMENT, INC.'S ANSWER TO PLAINTIFFS' INTERROGATORIES I. Best Line believes and has no reason to doubt that the JLG 80HX boom lift that was inspected and dismantled at its facility was the lift involved in the incident at issue. 2. Not applicable. 3. When Sam Whisel and Tod Clark arrived at the accident site, the JLG 80HX , boom lift was located at the accident site. Mr. Whisel and Mr. Clark moved the lift into the parking area by using the platform controls to rernove it from the job site. Thereafter, Kevin Bryson and Clarence Houseknecht chained the boom so that it would not telescope out, moved the lift by using the platform controls and loaded it onto a truck by using a hydraulic lift. They tl1en took the JLG 80HX boom lift to the Pennsdale/Munzy store where it sat in the truck for approximately 30 minutes, then they took it to the State College store. Once at the State College facility, Best Line moved the JLG 80HX boom lift into a back lot and put a tarp over it. On August 14,2003, the day before the investigation, Best Line moved the boom lift under the awning where it was found on August 14,2003. 4. To the best of Best Line's knowledge, information and belief, a breakage or malfunction of the double chain (chain kit part number 291004) in the fly boom, the bolts holding the chain in place and the boom itself breaking could r,esult in an uncontrolled retraction of the boom sections. Please see attached documents for speci:fic part numbers of components of chain kits. 5. Please answer to interrogatory number 4. 6. The boom was not inspected by Best Line from the time of purchase to the date of the Plaintiff's incident. By way of further answer, JLG's manual recommendations performing an internal inspection of the boom every five years, not annually. 7. The bolts that serve to attach the chain to the fly boom were never touched andlor replaced by Best Line. 8. According to the manufacturer, the boom should be dismantled and inspected every five years. 9. Not applicable. 10. Not applicable. 11. No. Best Line is without sufficient information, knowledge and belief to form an opinion as to whether the bolts serving to attach the extend chain to the fly boom failed. Best Line reserves that right to update this answer up to and including the time of trial. 12. None. Best Line did not change and/or alter the JLG lift involved in the incident frorn the time it was delivered to Hershocks up to the inspection on August 14,2003. 13. Mike Getz. 14. Please see documents attached to Best Line's re'sponse to Plaintiffs request for production of documents. 15. Yes. Sam Whisel and Tod Clark went to the job site after he incident. Mark Cekovic and Eric Terlip went to the job site prior to the incident for maintenance and service of other equipment. 16. (a) (b) (c) (d) (e) (f) (a) (b) (c) (d) (e) (a) (b) (c) (d) (e) (f) Sam Whisel Sales Representative Currently employed with Best Line May 21, 2003 Went to interview individuals at the job site. Moved the boom lift by using the platfOlID controls from the accident site to the parking lot Spoke to Kevin 1.. Maples, Randy C. Good, and Ron Morgret. Please see the documents attached to Best Line's response to Plaintiffs request for production of documents. Please see documents attached to Best Line's response to Plaintiffs request for production of documents. Tod Clark Service Manager Currently employed with Best Line May 21,2003 Went to interview individuals at the job site. Moved the boom lift by using the platform controls from the accident site to the parking lot Spoke to Kevin 1.. Maples, Randy C. Good, and Ron Morgret, however, he did not write a report. Mark Cekovic Road Service Mechanic Currently employed with Best Line Please see documents attached to Best Line's response to Plaintiffs request for production of documents. Please see documents attached to Best Line's response to Plaintiffs request for production of documents. Nothing May have had conversation with individuals on the work site, however, did not have conversation related to this incident. Please see documents attached to Best Line's response to Plaintiffs request for production of documents. (a) Eric Terlip Road Service Mechanic Currently employed with Best Line (b) Please see documents attached to Best Line's response to Plaintiffs request for production of documents. (c) Please see documents attached to Best Line's response to Plaintiffs request for production of documents. (d) Nothing (e) May have had conversation with individuals on the work site, however, did not have conversation related to this incident. (f) Please see documents attached to Best Line's response to Plaintiffs request for production of documents 17 . Yes, see documents attached to Best Line's response to Plaintiff s request for production of documents. 18. Mike Getz. Please see documents attached to B(:st Line's response to Plaintiffs request for production of documents. 19. Not applicable. 20. Best Line is without sufficient information, knowledge and belief to form an opinion as to whether it complied with ANSI, SIA and OSHA. However, Best Line did comply witl1 the manufacturer, JLG's, recommendations. 21. See answer to interrogatory 20. 22. See answer to interrogatory 20. 23. Please see documents attached to Best Line's response to Plaintiffs request for production of docUlllents. 24. Please see documents attached to Best Line's response to Plaintiffs request for production of documents. 25. Please see documents attached to Best Line's response to Plaintiffs request for production of documents. 26. Objection. This discovery request is objected to on the ground that it is oppressive, overly broad, remote and unduly burdensome, inadequately defined as to time and without reasonable limitation as to its scope. However, without waiving this objection, Best Line performed an investigation after each rental of the lift involved in the incident at issue. 27. Objection. This discovery request is objected to on the ground that it is oppressive, overly broad, remote and unduly burdensome, inadequately defined as to time and without reasonable lirnitation as to its scope. However, without waiving this objection, Best Line has received complaints where the hydraulic cylinder may leak causing the boom to slowly move downward, however, there has not been a reported incident where the boom collapsed as alleged in the incident at issue. / 28. Yes, Best Line performs an investigation and prepares an Equipment Reported Accident Form. 29. (a) An investigation is conducted, an Equipment Reported Accident Form is prepared, and tl1e report is filed at the State College facility. (b) Mike Getz (c) Please see documents attached to Best Line's response to Plaintiffs request for production of documents. 30. (a) Hershocks ordered the JLG 80HX boom lift from the Harrisburg facility, however, the Harrisburg store did not have a JLG 80HX boom lift. The JLG lift involved in the incident at issue was sent out of the 25 Legion Road, Pennsdale, PA 17756 facility. (b) Paul Brown - Harrisburg facility; Eric Springman - Pennsdale facility (c) Tod Clark - Harrisburg facility; Allen Budman - Pennsdale facility ( d) Yearly maintenance was conducted at all three facilities - Pennsdale, Harrisburg, and State College. (e) Tod Clark - Harrisburg facility; Allen Buclman - Pennsdale facility; Jeff Dunkle - State College Facility (f) Pennsdale Facility - Kevin Harer, Craig June, Jeff Miller, Allen Budman State College Facility - Steve Lose, Dwayne Lose, Shawn Kimble, Tom Dunkle, Dave Houtz, Jeff Dunkle Harrisburg Facility - Eric Terlip, Mark Cekovic, Jason Pierre, Tod Clark 31. Unknown at this time. As the investigation is ongoing, Best Line reserves tl1e right to update this response up to and including time oftrial. 32. Detective Dillon, security for Kutztown University, performed the incident report for Kutztown University; Kevin L. Maples, V.L. Rendina, 208 N. Tanglewood Drive, Quarryville, PA 17566 (717-786-8865); Randy C. Good, V.L. Rendina, 516 Running Pump Road, P.O. Box 4644, Lancaster, PA 17604-4644; Ron Morgret, Hershocks, Inc., 411 Glenwood Avenue, Williamsport, PA 17701 (570-321-9691). Please see documents attached to Best Line's response to Plaintiff s request for production of documents. 33. Unknown at this time. As the investigation is ongoing, Best Line reserves the right to update this response up to and including time of trial. 34. Unknown at this time. As the investigation is ongoing, Best Line reserves the right to update this response up to and including time of trial. 35. Unknown at this time. As the investigation is ongoing, Best Line reserves the right to update this response up to and including time of trial. 36. Unknown at this time. As the investigation is ongoing, Best Line reserves the right to update this response up to and including time of trial. 37. No response required. 38. See answer to interrogatory number 32. 39. Unknown at this time. As the investigation is ongoing, Best Line reserves the right to update this response up to and including time of trial. 40. Unknown at this time. As the investigation is ongoing, Best Line reserves the right to update this response up to and including time of trial. 41. See answer to interrogatory number 35. 42. See answer to interrogatory number 36. 43. No response required. 44. See documents attached to Best Line's response to Plaintiffs request for production of documents. 45. Unknown at this time. As the investigation is ongoing, Best Line reserves the right to update this response up to and including time of trial. 46. Insurance Corporation of Hannover, policy number H84P A050P A, policy limit $1,000,000. 47. Unknown at this time. As the investigation is ongoing, Best Line reserves the right to update this response up to and including time of trial. 48. Unknown at this time. As the investigation is ongoing, Best Line reserves the right to update this response up to and including time of trial. 49. See answer to interrogatory number 48. FINEMAN KREKSTEIN & HARRIS, P.C. 2 ,.- ,---. ~7_ BY: . //, V Jay arry Hams, Esquire Hema B. Patel, Esquire Attorneys for Defendant Best Line Equipment, Inc. Dated: 2'> i ~l,;; It;\..{ VERIFICATION I, MIKE GETZ , on behalf of Defendant Best Line Equipment, Inc., hereby verify that the statements made in the foregoing Defendant Bestline Equipment, Inc.'s Answer to Plaintiffs' Interrogatories are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pac C.S. Section 4904, relating to unsworn falsification to authorities. Dated: CERTIFICATE OF SERVICE I, HEMA B. PATEL, ESQUIRE, hereby certify that a true and correct copy of the foregoing Defendant Best Line Equipment, Inc.'s Answer to Plaintiffs' Interrogatories was served this day, by first-class mail, upon the following individual: Terry S. Hyman, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Joseph B. Trabucco, Esquire Kelly, McLaughlin, Foster, Brac:aglia, Daly, Trabucco & White, LLP 620 W. Germantown Pike - Suite 350 Plymouth Meeting, P A 19462-1056 Stephen E. Geduldig, Esquire Thomas, Thomas & Haffer, LLP 305 North Front Street P.O. Box 999 Harrisburg, P A 17108 Date: 3\~lol\\L-\ ~: .7:/~ ~. PATEL, ESQUIRE CERTIFICATE OF SERVICE AND NOW, this ~I day of April 2004, I, Amanda Gannon, an employee of Angino & Rovner, P.C., do hereby certify that I have served a tme and correct copy of the foregoing by depositing said copy in the United States mail, postage pmpaid at Harrisburg, Pennsylvania, addressed as follows: Jay Barry Harris, Esquire FINEMAN & BACH, P.C. 1608 Walnut Street 19th Floor Philadelphia, PA 19103 Attorney for Bestline Equipment, Inc. Joseph P. Trabucco, Esquire KELLY, MCLAUGHLIN, FOSTER 620 West Germantown Pike Suite 350 Plymouth Meeting, PA 19462-1056 Attorney for JLG Industries, Inc. Hershocks, Inc. 1513 North Cameron Street Harrisburg, PA 17103-1015 ~~6~ Amanda Gannon 274291.11NJRIMAR -'i:" r) s::~~ ~;:~ :':..'1 -~ "", c.::> = ""- ,.,.. :." ~.:.;. I G' o -1'1 --i ffi;!:1 -r,m ";)0 r~~-? -o:57~ :'~i 11'1 >'" 2'~: - C:) f'._'t C.) ....~ POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO, P.c. BY: Joseph P. Trabucco, Esquire Identification No. 44245 Francis G. LaRocco, Esquire Identification No. 51282 475 Allendale Road, Suite 200 King of Prussia, P A 19406 (215) 790-7900 Attorneys for Defendant: JLG Industries, Inc. vs COURT OF COMMON PLEAS CUJVlBERLAND COUNTY, PA 03- . '1 NO. -ii!'-6325-ClVl Term BRYAN 1.. BOAS, and his wife, KELLY BOAS BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC., and HERSHOCKS, INC. JURY TRIAL DEMANDED REPLY OF DEFENDANT, JLG INDUSTRIES, INC. TO NEW MATTER CROSS- CLAIM OF DEFENDANT, HERSHOCKS, INC. PURSUANT TO Pa.R.c.P. 2252(d) Defendant, JLG Industries, Inc. incorporates herein by reference its Answers with New Matter to Plaintiffs Complaint as if set forth fully at length. 38.- 40. After reasonable investigation as to the averments of these paragraphs, Defendant JLG is without knowledge or information sufficient to form a belief as to the truth of those averments, hence they are denied and strict proof thereof is demanded at time of trial. By way of further answer, the averments in these paragraphs set fOlth conclusions oflaw for which no answer is required WHEREFORE, Answering Defendant denies liability to any party in this matter and demands judgTIlent in its favor and against Defendant, Hershock, Inc. POWELL, TRACHTMAN, LOGAN, CAIIl.RLE & LOMBARDO, P.c. Dated: April 7, 2004 By: ()~ p.7~ JQi;leph . Trabucco Attorney for Defendants, JLG Industries, Inc. KOP:281295vI4952-17 VERIFICATION Joseph P. Trabucco, hereby states that he is counsel for Defendant, JLG Industries, Inc. and that as such, he is authorized to verify that the statements made in the foregoing Reply of JLG Industries, Inc. to New Matter Cross-Claim of Defendants, Hershocks, Inc. are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements set forth therein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: ~ 7 '1-OtJCf J ~~ P.1~ ~'abucco Attorney for Defendants, JLG Industries, Inc. KOP:281295vI4952-17 POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO, P.C. BY: Joseph P. Trabucco, Esquire Identification No. 44245 Francis G. LaRocco, Esquire Identification No. 51282 475 Allendale Road, Suite 200 King of Prussia, P A 19406 (215) 790-7900 Attorneys for Defendant: JLG Industries, Inc. BRYAN 1.. BOAS, and his wife, KELLY BOAS COURT OF COMMON PLEAS CUIvfBERLAND COUNTY, PA vs NO. 02-6325-Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC., and HERSHOCKS, INC. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE; The undersigned hereby certifies that a true and correct copy of the foregoing Reply of Defendant JLG Industries, Inc. to New Matter Cross-Claim of Defendant Hershocks, Inc. was served upon the following parties via First Class Mail: Terry Hyman, Esquire Agino & Rovner 4503 North Front Street Harrisburg, PA 17110-1708 Hema Patel, Esquire J. Barry Harris, Esquire Fineman & Bach, P.C. 1608 Walnut Street, 19th Floor Philadelphia, PA 19103 Stephen E. Geduldig, Esquire Thomas, Thomas & Hafer 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, P A 17108 POWELL, TRACHTMAN, LOGAN CARRLE & LOMBARDO, P.c. By: ~i- T~ JOrYh pi Trabucco KOP:281295vI4952-17 (') '" (';;".:-) C) ~:~ 0;.::,;) -11 - '-'" -, ;1>0 ..,- !-I:I --<J ->- .1 --~" ;,:;.~ n1r= -nlTl W ~!56 ---I ~',_ "'~. " ,~ ~~] i~-:) _..,~ '- ;:.-:~Srl-I ~~ r'0 ~;:::1 "":... '-i C) :::1 --< CD . APR 0 7 2004 ~ '-', 'J BRYAN 1.. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 03-6325 Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., JURY TRIAL DEMANDED Defendants RULE TO SHOW CAUSE AND NOW, this -4 day of April, 2004, a Rule is issued upon Defendants to show cause why they should not be compelled to provide answers to Interrogatories number 26 and 27 or be forestalled from presenting a defense of lack of previous complaints andlor assertions that adequate inspections were performed. Said Rule is returnable within 2. 0 days of service thereof. By the Court fPC4 10 oL { 274291.11NJRIMAR "':.... l...o i.::. t:'") ...;( ;'~L'~~~"~ ~.~ .." - ~::: '.1_ ...!-- O~"::., 6~: ("') LL10- ;::;:!LLl O~. ,-1- -.- fl_ ~ >< l!- C~ o <.::.') "'" -t ~ fti . t t , ' '" ~ ~~~ . , .1 BRYAN 1.. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 03-6325 Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., Defendants JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of Plaintiffs Brian 1.. and Kelly Boas. Schmidt, Ronca and Kramer, P.C. / .--- Date: ---_.~ . . Hyman, Esquire 09 ate Street isburg, PA 17101 (717) 232.3600 Attorney for Plaintiffs 274735.lIRCAISC I I ., BRYAN 1.. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., Defendants JURY TRIAL DEMANDED NO. 03-6325 Civil Term PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Plaintiffs Brian 1.. and Kelly Boas. Respectfully submitted, Date: ANGINa & ROVNER, P.C. ~? ;; ;T //~ ~:A;~ino, Esquire I.D. No. 07140 Joan 1.. St<lhulak, Esquire I.D. No. 29496 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 274735.1\RCAISC CERTIFICATE OF SERVICE I, Shirley Corman, an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the foregoing Entry/Withdrawal of Appearance was served by United States first- class mail, postage prepaid, upon the following: Jay Barry Harris, Esquire FINEMAN & BACH, P.C. 1608 Walnut Street 19th Floor Philadelphia, PA 19103 Attorney for Bestline Equipment, Inc. Joseph P. Trabucco, Esquire POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO 475 Allendale Road, Ste. 200 King of Prussia, P A 19406 Attorney for JLG Industries, Inc. Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Attorney for Hershocks, Inc. Shirley Corman Dated: 274735.IIRCAISC ,..- -.. t'-.~") ~ ~:; --,: ; .../:J _e' -" --' c. --/i .-4 ~-r: -r '~;'~:;~) .- ,j :11 ;',1 ::,\';1 ~ -:\ ~-'... r:.? <c.) C) -' ",-. .<- FINEMAN KREKSTEIN & HARRIS, P'e. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN 1.. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. No. 03-6325 BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. Defendants JURY TRIAL DEMANDED DEFENDANT BEST LINE EQUIPMENT, INC.'S RESPONSE TO PLAINTIFFS' MOTION TO COMPEL L Admitted. 2. Denied. The boom lift at issue in this case was owned by Defendant Best Line Equipment, Inc. (hereinafter referred to as "Best Line"). After reasonable investigation, Best Line is without sufficient information, knowledge and belief to form an opinion as to the truth of the remaining allegations contained in paragraph 2. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part; denied in part. It is admitted that Best Line objected to Plaintiffs' interrogatory nUlllber 26 and 27. However, Plaintiffs and Best Line reached an agreement, and Plaintiffs' counsel advised, by telephone, that he would be withdrawing Plaintiffs' Motion to Compel. ARGUMENT On or about April 20, 2004, Best Line's counsel forwarded a letter to Plaintiffs counsel indicating tl1at Best Line will produce answers to Interrogatory #26, however, as Best Line has three facilities that performed maintenance andlor service on the subject boom lift, it will take approximately two to three weeks to obtain the information sought. A true and correct copy of the April 20, 2004 letter is attached hereto and marked as Exhibit "A". With regard to Interrogatory #27, Best Line will produce an affidavit confirming that Best Line has approximately 800 aerial pieces of equipment, of which approximately 350 are boom lifts. Best Line Equipment, Inc. owns approximately 250 JLG boom lifts. Thus, it would be burdensome for Best Line to produce documents that indicate that it received complaints where the hydraulic cylinder may leak causing the boom to slowly move downward. Thus, as Best Line has complied with Plaintiffs' requests, Plaintiffs' Motion to Compel should be denied. WHEREFORE, for the foregoing reasons, Plaintiffs' Motion to Compel should be denied. NEW MATTER After receiving the April 20, 2004 letter, Plaintiffs' COlU1Sel, Richard Angino, acknowledged, by telephone, that Best Line's response to Plaintiffs' Motion to Compel was adequate and that he would be withdrawing Plaintiffs' Motion to Compel. FINEMAN KREKSTEIN & HARRIS, P.C. B~~~ Harris, Esquire Hema B. Patel, Esquire Attorneys for Defendant Best Line Equipment, Inc. Dated: ~ J ~'8/ol.f CERTIFICATE OF SERVICI~ I, HEMA B. PATEL, ESQUIRE, hereby certify that a tITle and correct copy of the foregoing Defendant Best Line Equipment, Inc.'s Response Plaintiffs' Motion to Compel was served this day, by first-class mail, upon the following individual: Richard Angino, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Joseph B. Trabucco, Esquire Powell, Trachtrnan, Logan, CarrIe & Lombardo, P.C. 475 Allendale Road, Suite 200 King of Prussia, PA 19406 Stephen E. Geduldig, Esquire Thomas, Thomas & Haffer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Date: It I d. 't/O<'/' ~w HEMA B. ]>ATEL, ESQUIRE EXHIBIT "At" FINEMAN }(REKSTEIN C'" HARRIS, P.C. A Pennsylvania Professional Corporation 1608 Walnut Street 19th Floor Philadelphia. PA 19103 (215) 893.9300 Fax, (215) 893.8719 NEW JERSEY OffiCE 3 South Haddon Avenue Haddonfield, NJ 08033 (856) 795.ll18 Fax, (856) 795-1110 MONTGOMERY COUNTY OffiCE 200 Four Falls Corporate Center, Suite 201 W. ConshohoCken, PA 19428 (215) 893.9300 Fax, (610) 834.8550 ATTORNEYS-AT-LAW HEMA B. PATEL Direct Dial: (215) 893-8743 E-Mail: hpatcl@finemanlawfinn.com Also Member NJ Bar Please Respond to Philadelphia Office www.finemanlawHrm.com April 20, 2004 VL4 FACSIMILE Richard C. Angino, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 18110-1708 Re: Boas v. Best Line Equipment CUlllberland CCP, No. 03-6325 Our File No. 0912/17046 Dear Richard: This will confirm that Best Line will produce answers to Interrogatory #26, however, as Best Line has three facilities that performed maintenance andlor service on the subject boom lift, it will take approximately two to three weeks to obtain the information sought. With regard to Interrogatory #27, Best Line will produce an affidavit confirming that Best Line has approximately 800 aerial pieces of equipment, of which approximately 350 are boom lifts. Best Line Equipment, Inc. owns approximately 250 JLG boom lifts. Thus, it would be burdensome for Best Line to produce documents that indicate that it received complaints where the hydraulic cylinder may leak causing the boom to slowly move downward. In light of the foregoing, I assume that you will not go forward with the Motion to Compel. If for some reason I am mistaken, please contact me immediately If you have any questions or concerns, please do not hesitate to contact me. Thank you for your attention to this matter. Very truly yours, ---"'0"'-' , ". ,,-'-C::_,,-,,-/,/'Ut! ./ /''- ," ,.f,' , ,i,.f.,..../''' 1, ~ 'BEMA's: PffEL- HBP/gjz cc: Joseph B. Trabucco, Esquire (via facsimile) Stephen E. Geduldig, Esquire (via facsimile) Z:\HP\17046 Boas v. Best Line Equipment\Angino letter 4-20-04.doc (") C "T~~; (l(~)t 0~; ~c.-j d;: C") ~~--... :Pee: ~ .... = = .z:- ".. -u :::0 N \00 \f1 ~ ~ gl .c.o . ~ :>>0 ::It C5 to) 'I I BRYAN 1.. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 03-6325 Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., Defendants JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO WITIIDRA W MOTION TO COMPEL Plaintiffs, Bryan and Kelly Boas, by and through counsel, Richard C. Angino, Angino & Rovner, P.C. hereby make this Motion to Withdraw Motion to Compel and state in support as follows: 1. On April 2, 2004, counsel for Plaintiffs filtld Plaintiffs' Motion to Compel Defendant Bestline Equipment Inc. to answer Interrogatories number 26 and 27. 2. On April 9, 2004, this Honorable Court, Oler, J, issued a Rule on Defendant Bestline returnable within 20 days. 3. By letter dated April 20, 2004, counsel for Bestline Equipment indicated that Bestline will produce answers to Interrogatory Number 26, Exhibit A. 4. By letter of May 5, 2004, counsel for Best Line Equipment provided an Affidavit in response to Interrogatory Number 27, Exhibit B. I' WHEREFORE, based on the referenced communications from counsel for Best Line, Plaintiffs Motion to Compel is witl1drawn. Respectfully submitted, ANGINa & ROYNER, P.C. ;/'" /,~'~"_L'L ard C. Angino, Esquire I.D. No. 07140 Joan 1.. Stehulak, Esquire I.D. No. 29496 4503 N. Front Street Harrisburg, P A 1711 0 (717) 238-6791 Attorney tl)r Plaintiff Date: 5/10/04 275660,I\JLS\JLS 2 FINEMAN KREKSTEIN ("" HARRIS, Poc. A Pennsylvania Professional Corporation MONTGOMERY COVN1Y OFFICE 200 Four Falls Corporate Center, Suite 201 W. Conshohocken, PA 19428 (215) 893.9300 Fax, (610) 834-8550 ATTORNEYS-AT-LAW HEMA B. PATEL Direct Dial: (215) 893-8743 E-Mail: hpatel@finemanlawtinn.com Also Member NJ Bar 1608 Walnut Street 19'" Floor Philadelphia, PA 19103 (215) 893.9300 Fax, (215) 893.8719 NEW JERSEY OFFICE 3 South Haddon Avenue Haddonfield, NJ 08033 (856) 795-1118 Fax, (856) 795.1110 Please Respond to Philadelphia Office www.finemanlawfirm.com April 20, 2004 VL4 FACSIMILE Richard C. Angino, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, P A 18110-1708 Re: Boas v. Best Line Equipment Cumberland CCP, No. 03-6325 Our File No. 0912/17046 Dear Richard: This will confirm that Best Line will produce answers to Interrogatory #26, however, as Best Line has three facilities that performed maintenance andlor service on the subject boom lift, it will take approximately two to three weeks to obtain the infonnation sought. With regard to Interrogatory #27, Best Line will produce an affidavit conftrming that Best Line has approximately 800 aerial pieces of equipment, of which approximately 350 are boom lifts. Best Line Equipment, Inc. owns approximately 250 JLG boom lifts. Thus, it would be burdensome for Best Line to produce documents that indicate that it received complaints where the hydraulic cylinder may leak causing the boom to slowly move downward. In light of the foregoing, I assume that you will not go forward with the Motion to Compel. If for some reason I am mistaken, please contact me immediately If you have any questions or concerns, please do not hesitate to contact me. Thank you for your attention to this matter. Very truly yours, ~.~.-....>. 7-"'" -~-_. ....., .......l;;) . pATEL HBP/gjz cc: Joseph B. Trabucco, Esquire (via facsimile) Stephen E. Geduldig, Esquire (via facsimile) Z:\HP\17046 Boas v. Best Line Equipment\Angino letter 4-20-04.doc FlNEI\L'\1'\1 KREKSTElN (:., HARRIS, P.c. A rcnn:;ylvOlniCl ProfCiuil'ln:)] CI.,rpiH:t~i~;n PHILADEU'HIA OFFICE t.Jnired Pl:1za 30 S. 17'" Street 5ui~~ 1800 Phil,dclph;a, PA 1910,1 (21S) 893.9JO:MAB.PATllL Fax, (215) 8/jl;t9'!~I' (ZI5) 893.8743 ~:a,I: hparal@finemi.l.ntawfirn1.eom Also McmberNl &r ATTORNEYS-AT-LAW www.finemilT\I."....f;ttn.c,Clm NEW JERSEY OFFICE 1h: Rohn::r Buildi.n~ 221 H.:IdJelll Av~nue Suire 2R Wcsnnont, NJ 081e8 (856) 795.1118 PI,,,, R.....d.. PIn"'d.I<Pi.\P/85~) 795.1110 May 5, 2004 nA FACSIMILE Richard C. Angino, Esquire Angino & Rovner, P,C. 4503 North Front Street Harrisburg, PA 18110-1708 Re: Boas v. Best Line Equipment Cumberland CCP, No. 03-6325 Our File No. 0912/17046 Dear Richard: Enclosed please find a copy of the Affidavit of Mike G:tz which should satisfy Plaintifs' Interrogatory #27. Once I obtain the original, I will fOIWard y<IU a copy. With regard to answering Interrogatory #26, Best Line is working on gathering andlor obtaining the documents, and I anticipate receiving the documents early next week. As ~;oon as I receive the documents, I will fOIWard them to you. Thank you for your attention to this matter. Very truly yours, ~~ - MA ~.-PATEL HBP/gjz cc: Joseph B. Trabucco, Esquire (via facsimile) Stephen E. Geduldig, Esquire (via facsimile) L~\HP\17046 Boas v. Best Line Equipmenl\Angil'1o lencr- S-5-04.d~ CERTIFICATE OF SERVICE I, Shirley Corman, an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the foregoing PLAINTIFFS'MOTION TO WITHDRAW MOTION TO COMPEL was served by United States first-class mail, postage prepaid, upon the following: Jay Barry Harris, Esquire FINEMAN & BACH, P.C. 1608 Walnut Street 19th Floor Philadelphia, PA 19103 Attorney for Bestline Equipment, Inc. Joseph P. Trabucco, Esquire POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO 475 Allendale Road, Ste. 200 King of Prussia, PA 19406 Attorney for JLG Industries, Inc. Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, Sixth Floor P. O. Box 999 Harrisburg, PA 17108 Attorney for Hershocks, Inc. J/ A~ fh/~ ~, ey Corman Dated: 5/10/04 () c "-> = = ...- o 'T, -.... I rn-n r- t::1m --',? t;, - ..7".1'-' I~5~ ~-lin !?J -< ~ ....:.'.. -< w \) :-,1.: r;y -.J c MAY 1 4 2004 V BRYAN 1.. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO. 03-6325 Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., Defendants JURY TRIAL DEMANDED ORDER AND NOW, tl1is --1l-.fi..- day of May, 2004, upon review of Plaintiffs' Motion to Withdraw Motion to Compel, IT IS HEREBY ORDERED that said Motion is GRANTED. I/~ea;{ 1. o~ 0" ,'0' "" co ;-". - <f: 1,0" N I..U ~'=':; ~~~~ (,l- o:J 2.) (~~ llJU- ~IU .. U....j,: "1:.: 1-' ';',':: --'" l'- = ~:;t C) = (.) "" FINEMAN KREKSTEIN & HARRlS, P.e. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No, 90148 1608 Walnut Street, 19'" Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INe., JLG INDUSTRIES, INe. and HERSHOCKS, INe. No. 03-6325 Defendants WRY 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 Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Lehigh Valley Health Network with a copy of the subpoena attached thereto was mailed or delivered to e:ach 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 this subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice ofIntent to serve the Subpoena. Dated: t lit/;;4 I FINEMAN KREKSTEIN & H~S, P.C. BY: l:11r~ _ 6. ;JiJ;t Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17'h Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendanil Best Line Equipment, Inc. BRYAN L BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v, BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INe. and HERSHOCKS, INC. No. 03-6325 Defendants WRY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Su.bpoena identical to the one that is attached to this Notice (LEHIGH VALLEY HEALTH NETWORK). You have twenty (20) days from the date listed below in which to file of record and to serve u.pon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.e. Dated: /-j ---~4 BY: ~UnA..JJ,;Ji1i1 Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Lehigh Valley Health Network Lehigh Valley Hospital 1210 S. Cedar Crest Boulevard Allentown, P A 18103 Within twenty (20) days after service of this Subpoena, you are ordered by the Court 10 produce the documenls as referenced in the attachment 10 Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PAc 17315. You may deliver or mail legible copies ofthe documenls or produce things requested by this subpoena, together with the certificale of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought If you fail 10 produce the docurnenls or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it This subpoena was issued at the request of the following person: Name: Hema B. Patel. Esauire Address: United Plaza. 30 S.17" Street. Snite 1800. Phila.. PA. 19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line Eauipment. Inc. DATE:,-),..t .I.'JE...?, ~y (SEAL) ~~: i/1.l/cJ-j PRO: ~.Q.; e.'7Jt ~. n ,:~ . ~:l -< '" t.".=-,> c.:> ...- (7'"~ o -n "T'_ r11-!] ,'- -r'l.rn :~':Jo ~-~~(JJ f:~~!\ ~ ~~( d" ..,] -< r'.) co :0 -. ~? ", ...- FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No, 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendanl Best Line Equipment, Inc. BRYAN L BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRlES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRlAL 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 Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Dr. Michael F. Lupinacci 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 this subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice ofIntent to serve the Subpoena. Dated: t/iLJc4 f FINEMAN KREKSTEIN & H~S, P.c. BY: JlulA-/!;.J!tVti Hema B. Pat!;], Esquire Attorney for Deft. Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERS HOCKS, INC. No. 03-6325 Defendanls JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE: 4009.22 TO: Custodian of Records for Dr. Michael F. Lupinacci Physician of Rehabilitation, Industrial & Spine Medicine, P.C. 175 Lancaster Blvd. Mechanicsburg, P A 17055 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documenls as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies oCthe documents or produce lhings requested by this subpoena, together with the certificate of compliance, 10 the party making lhis request at the address listed above. You have the righl to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you 10 comply with it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. Esquire Address: United Plaza. 30 S.171" Street. Suite 1800. Phila.. PA.19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line EQuioment. [DC. DATEJ/J l'~ P. ;J.('}{j'l (SEAL) , ~~: t/f-itht BY THE COURT: n ....> 0 c:;-> c: ~~ -n c_. -. :1: -n. ,-- 01f::::' -0 r1l r<) ~1)r.::J CJ () " ::';j~?, -:J -n (;-~~ (".,) i' '"t', r) '.,~. r'~) .. I ....-.;. , . FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Streel, 19'h Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BR Y AN L. BOAS and his wife KELLY BOAS COURT OF COM\lON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03.6325 Defendants 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 Best Line Equipment, Inc. certifies that: I. A Notice ofIntent to Service the subpoena to Carole Rusnak, RN, BS, CCM, Alliance Impairment Management 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 this 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: t &/~J/ FINEMAN KREKSTEIN~ARRIS, P.c. By~g t Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suile 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Besl Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION v. BESTLlNE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants mRYTRIALDEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (CAROLE RUSNAK, RN, BS, CCM., ALLIANCE IMPAIRMENT MANAGEMENT). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated: i -J -PH BY: JrL1U_IJ./Jdd Hema B. Patd, Esquire Attorney for Defendant Best Line Equipment, Inc. = COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BR Y AN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INe. No. 03-6325 Defendants JURY TRIAL DEMANDED TO: Custodian of Records for Carole Rusnak, RN, BS, CCM Alliance Impairment Mauagement P.O. Box 1557 Lancaster, PA 17605-1557 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road~#501. Dover. PAc 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or Producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply wilh it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. ESQuire Address: United Plaza. 30 S.17'" Street. Suite 1800. Pbila.. PA. 19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line EQuipment. Inc. DATE:, )u ~ "Ie p ~0Lj (SEAL) t ~,' '/~J~J/ BY THE COURT: PRO:, fJ.J ",-L. ) J:?.. ~c_~~ l;n~ - , r....) () ('.:::> 5:2 -n :::l ,- '. .on C~: en p.: rn ", :'Cjo CD (.)0 :-,;:.1-r', c~ ~? ~~ f~~ _."~ r:? ~ "' ,...., N ::< .,1.;. --< FINEMAN KREKSTEIN & HARRIS, P.c. By: JA Y BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: 1. A Notice of Intent to Service the subpoena to Orthopedic Institute of Pennsylvania 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 ofIntent, including the proposed subpoena, is attached to this Certificate. 3. No objection to this 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; t)di/IJ~_ FINEMAN KREKSTEIN & HARRIS, P.e. BY; .J1VlL1L;I; fdfi Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17'h Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (ORTHOPEDIC INSTITUTE OF PENNSYLVANIA). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; t -J -~~ BY; ~_IlJ.;Jd1Ji Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Orthopedic Institute of Pennsylvania 875 Poplar Church Road Camp Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. Esquire Address: United Plaza. 30 S.17'h Street. Suite U:OO. PhiIa.. PA.19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line EauiDment. Inc. DA TE: ~Ju 1. 1E- ~ :Jl"Ylif (SEAL) ~U~: t/f~/~1 BY THE COURT: PRO: iL~) ~e. t~ CJ c: .--> (;.'.::..:1 C~ ~- C' -r; ---l 'X-n rnr- -rom .-''? S2c) -ri c:-);l1 >_~;OC{) '., :;:1 -<.- '- c:~ .....~. l'-' CD N j",.) ,J,:.-- ,- FINEMAN KRERSTE1N & HARRIS, l' .C. By: lAY BARRY HARRIS, ESQU1RE 1dentiflcation 1'0.33998 By: HEMA B.1'ATEL, ESQU1RE 1dentification 1'0.90148 1608 Walnut Street, 19'" Floor Philadelphia, PA 19103-5413 215 893-9300 BRYAN L. BOAS and his wife RELL Y BOAS Attorne s for Defen~t Best Line Equi~ment, lnc. COURT OF COMMON PLEAS CUMBERLAND COUNTY ClV1L ACT10N plaintiffs v. 1'0.03-6325 BESTLINE EQU1PMENT, INC., lLG INDUSTRIES, INC. and HERSHOCRS, 1NC. Defendants JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANTJO RULE 4009.22 4009.22, Defendant Best Line Equipment, Inc. certifIes that: 1. A Notice of Intent to Service the subpoena to Pinnade Health Hospital with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty l20) nays pnoTto 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 this 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; & ).!LLJnJ I FINEMAN KREKSTEIN &>fARRlS, P.C. By~ffi/lU.//!; .fJL1it Hema B. Patel, Esquire Attomey for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17'h Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (PINNACLE HEALTH HOSPITAL). You have twenty (20) days from the date listed below in which to file ofrecord and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; t -) -pJ/ BY: \~I!J,jJdIL Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cnstodian of Records for Pinnacle Health Hospital Uptown Infections Diseases Associates 205 S. Front Street Harrisburg, P A 171 04 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the reqnest of the following person: Name: Hema B. Patel. ESQnire Address: United Plaza. 30 S.17'h Street. Snite 1800. PhiIa.. PA.19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line Eauipment. Inc. DATE......J.J..t~ ~ )1''1(JU (SEAL) I ~'-Wt: &, )l~/~ J-j BY THE COURT: ~.~ PRO: '" C) ,...., 0 C:.':'> ~".::: c::') -n -'=" L_ :? -:!J c~::. rii 1"'-- G,"'"-" ~n rn 1'.' ;::8 i.~,7 CD C') t, :-::;J " -TO -n C, :-.!:: ( - , , C (',~') n c: N -.! ~. -." f" j) -, ,J;." :..< FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19'h Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRY AN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTUNE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for docum(mts and things pursuant to Rule 4009.22, Defendant Best Line Equipment, Inc. certifies that; 1. A Notice of Intent to Service the subpoena to Hanisburg Hospital with a copy ofthe 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 ofIntent, including the proposed subpoena, is attached to this Certificate. 3. No objection to this 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;~ FINEMAN KREKSTEINj & HARRIS, P.e. B~A.--16. fJdd Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN RREKSTEIN & HARRIS, p,c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No, 90148 30 S. 17th Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc, BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No, 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (HARRISBURG HOSPITAL). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. Ifno objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; t -2 -b~ BY: ~'L- IJ.lllii Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE: 4009.22 TO: Custodian of Records for Harrisburg Hospital 11 I S. Front Street Harrisburg, P A 171 01 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies ofthe documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. Esquire Address: United Plaza. 30 S. 17'h Street. Suite 1800. Phila.. P A. 19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line EQuioment. Inc. DATE:.... ), ~ J'~ ~ :J.cx>'! (SEAL) ,,4(/1,1,l(_L: ~/i~jD4 BY THE COURT: PRO: ~~ ~2 .7lf o r~;; ..... ....., c.:, 5.2 o ... -< -,- r:,21 ,.. ""Drn i-1) l-( :'~CJ ~~)F~ c5;\1 ;i.:~ :< c_ (: - : ~- N C> -C:J ~ hJ ....- FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19'h Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTUNE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for docume:nts and things pursuant to Rule 4009.22, Defendant Best Line Equipment, Inc. certifies that: 1. A Notice ofIntent to Service the subpoena to V.L. Rendina General Contractors 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 ofIntent, including the proposed subpoena, is attached to this Certificate. 3. No objection to this 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; b /J.~//) tf . FINEMAN KREKSTEIN &JIARRIS, P.e. BY;~- ,6.fJarL Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for V.L. Rendina General Contractors 516 Running Pump Road Lancaster, P A 17601 Within twenty (20) days after service ofthis Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies ofthe documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. ESQnire Address: United Plaza. 30 S. 17'h Street. Snite 1800.1'hila.. PA.19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line Eauinment.lnc. DATE:0111.')~ ~ :J1Y1t..j (SEAL) ~t~ tjlLhJf BY THE COURT: ~~. I~~ PRO: FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17ili Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLlNE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (V.L. RENDINA GENERAL CONTRACTORS). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; t), -~J/ BY: ~JlA)lf~ Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. I' " (') ,,~ C.' , c} ...., ..:=..> c ~) o ~n o-;! -r, n'r-.:; -n,-n -,::lCJ ;'-j L ~\~/ - :~. ~~.; ..~'?() ,~~r;-L "-', .-<. c... ( f',~ CD ---r) N !" ... FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: 1. A Notice of Intent to Service the subpoena to Dr. Margretta Ameigh 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 this 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; ~ /ljj~;j , , FINEMAN KREKSTEIN 8;} HARRIS, P.C. By;\~~.f1tft[l Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17'h Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (DR. MARGRETT A AMEIGH). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.e. Dated; ~ ;J-j H By~_IJ.1lti Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Dr. Margretta Ameigh Fairview Family Health Center 564 Old York Road Etters, PA 17319 Within twenty (20) days after service ofthis Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road, #501, Dover, PA, 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request af the following person: Name: Hema B. Patel. Esauire Address: United Plaza. 30 S. 17th Street. Suite 18:00. Phila.. P A. 19103 Telephone No. 215-893-9300 Supreme Conrt ID NO, 90148 Attorney for: Defendant Best Line Eauipment. Inc. DATE:~.J.ll1S:: P :J.r-rl-j (SEAL) , ~~. tk1v~1 BY THE COURT: PRO: r1..//1-Jz. . /J Q ~l,- '. r--,' 0 "'"" = -n ~- c. .--l ::c -n t_::: rn r -,., n", 1',' :n CJ = -::.::J (~) ::;1 ---'"1 (5 -,', l~ -.,.... in ,- r;? :.::) " ...~I -,.. - :2 r" ,.... w --~ FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Pinnacle Health Home Care 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 this subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice ofIntent to serve the Subpoena. Dated; tbjfbJ.J FINEMAN KREKSTEIN & ;':'ARRIS, P.e. BY; ~--IJ.Pad Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SlJBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RlJLE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (PINNACLE HEALTH HOME CARE). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.e. Dated; t rl-PJ.l BY~- /;. I1aL Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVA'lIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Pinnacle Health Home Care 409 S. Second Street - Snite 2F Harrisburg, P A 17104 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. Esquire Address: United Plaza. 30 S. 17th Street. Suite 1800. Phila.. PA. 19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line Eauipment, Inc. DATE: .....Ju.c.~ ~ :406,/ (SEAL) ~hlc.(tL: t/.1.~Jcl--/ BY THE COURT: ~.~. PRO: 0 r--.> 0 C.l ~;; c;~, -n -,,- ~~~ -:::I r :1-'1 rnf= r" ~~~~ C.j - ".~ -1', --0 i.,j -n -- ":r (~) :_~~. Pi r:? N ~ L) FINEMAN KREKSTEIN & HARRIS, P,C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19'h Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that; 1. A Notice of Intent to Service the subpoena to Dr. John Esterhai 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 ofIntent, including the proposed subpoena, is attached to this Certificate. 3. No objection to this subpoena has been received; and 4. The subpoena which will be served is identical to lthe subpoena which is attached to the Notice of Intent to serve the Subpoena. Dated; /, /JJ /t J--/ FINEMAN KREKSTEIN ~ H~S, P.e. BY; ~~({ ___IIi h'td Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, PAl 9 I 03 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (DR. JOHN ESTERHAI). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; , J _j)J.-I By;~_A.fJarL Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTUNE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Dr. John Esterhai University of Pennsylvania Medical Center Department of Orthopaedic Surgery 3400 Spruce Street - Two Silverstein Philadelphia, PA 19104 Within twenty (20) days after service ofthis Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas, 2001 Red Bank Road. #501. Dover, PA, 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. Esquire Address: United Plaza. 30 S, 17th Street. Suite 1800. Phila.. P A. 19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line Eauioment. Inc. DATE:0,. .'\~ P, ;J.ooy (SEAL) 4,t~: tltL/t1J/- BY THE COURT: PRO: C) r-> 0 c:;:> c; ~ -n -- ?::: ~-n .. C"F: ",,'.- -,-,(11 r-J W~~j OJ ..", ....... ,(; -' ~ :,-.~) I"l -1 r-.:> '~_3. <---' FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BR Y AN L BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Kutztown Ambulance 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 this subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice ofIntent to serve the Subpoena. Dated; ~)J.b)p }.L FINEMAN KREKSTEIN & HARRIS, P.e. By;~^---ll;Jdd Hema B. Patel, Esquire Attorney fcx Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.c. By: JA Y BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ANn THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Kutztown Ambulance). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; t /$p JcH BY; ~7LA--- JJ. ;J~1It Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Kntztown Ambulance 87 S.Kemp Road Kutztown, PA 19530 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for; Brvan Boas. 2001 Red B"nkRoad. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produc" things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This snbpoena was issued at the request of the following person: Name: Hema B. Patel. Esquire Address: United Plaza. 30 S.17th Street. Suit" 1800. Phila.. PA.19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line Eauipment. Inc. DATE: rlO'Th.ool/ (SEAL) '47H)... 1/1~JMI BY THE COURT: PRO~ (? ,- ""-."J C':':) c;.;> ~'- c_ r.: C (., ...- -11 ---J 1';1.~ -,",,-'11 -:dC-J S~(:) -"--', ::-1 ",-) j., f'..) C-o ':' C) FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19'h Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Kutztown University Medivac with a copy ofthe 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 this subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice ofIntent to serve the Subpoena. Dated: #fliP JHI FINEMAN KREKSTEIN & HARRIS, P.c. BY: ~A.-,~, ?A..tcL Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Kutztown University Medivac). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. Ifno objection is made, this Subpoena may be servedl. FINEMAN KREKSTEIN & HARRIS, P.e. Dated; '/,g~ J~4 BY; ~- iJJ./bit Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. L ,- - , ...., c.:) <.~'" '1 ~- (- C~: r l'.) W ,v' -n Cl -n ~ fili~-' ___i'"'l'l >';C? --)i-"' ___,-1.;.y: -,'j :,~~ r'--' (~) :2,\1 c~ FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19"' Floor Philadelphia, PA 19103-5413 (2 I 5) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTUNE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RlULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Kutztown Fire Department 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 this 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; ~ J,ib hu . FINEMAN KREKSTEIN & HARRI~1 P.e. BY; ~~ - ;/). I tCtiL Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. C) ~" ,,:::7) ,;;_-1 ..L:~ c_ t-:.: r,' (....) -, C') C.T: () -n --4 T fl1 :T! ,.. !1J ....) ~? i--;"] FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19'h Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTUNE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Fleetwood Police Department with a copy ofthe 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 this subpoena has been receiv'ld; 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; 7 )!l~ / ~ ~ FINEMAN KREKSTEIN &}rARRIS, P.C. BY;~, ~. PrlrL Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Fleetwood Police Department). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.e. Dated: t be h 4 . BY; ~JLt{ _ J2. A~ Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLV ANlA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLA~D COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUI.E 4009.22 TO: Custodian of Records for Fleetwood Police Department 11 0 W. Arch Street Fleetwood, P A 19522 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies ofthe documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the addre8s listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena Was issued at the reqnest of the following person: Name: Hema B. Patel, ESQnire Address: United Plaza. 30 S, 17th Street, Snite t:~00. Phila.. PA, 19103 Telephone No. 215-893-9300 Snpreme Court 10 NO. 90148 Attorney for: Defendant Best Line EQnipment, Inc. DATE: -r/Orh..cC4 '(SEAL) -.J,~d: "/ t~-~l/ BY THE COURT: PRO: \ {J . .- - FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19'h Floor Philadelphia, P A 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLANII COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUJPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for docwnents and things pursuant to Rule 4009.22, Defendant Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Northeastern Berks Regional Police Department 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 this subpoena has been receiv(,d; 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; 1)1p fN1 . FINEMAN KREKSTEIN & HAfRIS, P.e. BY; ~Jll/Vi!J.PA.n Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street- Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Northeastern Berks Regional Police Department). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; t!J/J /bt-J r , BY: ,LA.-J:6.Pad- Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE: 4009.22 TO: Custodian of Records for Northeastern Berks Regional Police Department 44 W. Keller Street Topton, P A 19562 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoem within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This snbpoena was issued at the reqnest of the following person: Name: Hema B. Patel. ESQnire Address: United Plaza. 30 S.17th Street. Suite 1800. Phila.. PA.19103 Telephone No. 215-893-9300 Supreme Conrt ID NO. 90148 Attorney for: Defendant Best Line EQnioment. IElc. DATE: "1/0'1/2001./ (SEAL) . ,.&/-~C 1/10/D4 BY THE COURT: PRO: r--.' (::::;:> c) ~..~-' -q ~- c~ : 1'- ~" 0) -";-:') ,-,c, U ; . FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19'h Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: 1. A Notice of Intent to Service the subpoena to Kutztown University Facilities Office of Construction and Planning 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 this subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice ofIntent to serve the Subpoena. Dated; 111.t JpiJ . FINEMAN KREKSTEIN & HARRIS, P.e. BY; ~JlI\.--,J PiJit Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE 1dentification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17ili Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Kutztown University Facilities Office of Construction and Planning). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. Ifno objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; t~Dlo{-/ , BY; Jqk~1LA--I3. 4-trL Hema B. Patd, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANI> BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTy v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULIC 4009.22 TO: Cnstodian of Records for Kutztown University Facilities Office of Construction and Planning P.O. Box 730 Kntztown, P A 19530 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Bryan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this SubpoeDa within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This snbpoena was issued at the request of the following person: Name: Hema B. Patel. EsqUire Address: United Plaza. 30 S.17th Street. Snite 18U>O, PhiIa.. PA.19103 Telephone No. 215-893-9300 Supreme Conrt ID NO. 90148 Attorney for: Defendant Best Line EQuiDment, In,,, DATE: . 7-J()~/2"O'/' (SEAl':) ~dtllt ~tl.! '7 }.1~ Jr;J} BY THE COURT: v f"') l'-> C~ .c.:;) c_ ,.u r,;....; ", w " " CI --I', ---1 ::C"l1 rni'~':: "orn ,,,0 /-, , ,j! C:.: -'I ",';j ~11 :;Y';l ., .--" ~-,',1 C,) C;', FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, I9'h Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: 1. A Notice of Intent to Service the subpoena to Kutztown University Public Relations 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 this 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; tfJj,p/pU . . FINEMAN KREKSTEIN & HARRIS, P.e. BY; ~lUL-~. ;1~~ Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Kutztown University Pnblic Relations). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be servedl. FINEMAN KREKSTEIN & HARRIS, P.e. Dated; t)Jo !N1 BY ~L- i!J ,faAIt Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEiMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RUU: 4009.22 TO: Custodian of Records for Kntztown University Pnblic Relations P.O. Box 730 Kutztown, PA 19530 Within twenty (20) days after service of this Subpoena, you are orden,d by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #50), Dover. PA, 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the thing:; sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the reqnest of the following person: Name: Hema B. Patel. ESQnire Address: United Plaza. 30 S. 17th Street. Suite 1800. Phila.. PA.19103 Telephone No. 215-893-9300 Snpreme Conrt ID NO. 90148 Attorney for: Defendant Best Line Equipment. Inc. DATE: ,./Or/200t! i '(SEAL) ,Ji'vtr{tlJ" '1J.tI>J~1- BY THE COURT: "O~w4 .~ ( (0 '. 1",,) C::.:J C;l ~- C) -" ---< T : '1 i.~:2 rn t~"J <. ,. ;-..) W -r; '.") ~ i 1 . ,~;, FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, P A 19103-54 \3 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRJES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DE!vlANDED 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 Best Line Equipment, Inc. certifies that; 1. A Notice of Intent to Service the subpoena to Kutztown University Administration 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 ofthe Notice of Intent, including the proposed subpoena, is attached to this Certificate. 3. No objection to this 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; 1 llP )fJ./ . FINEMAN KREKSTEIN & HARRIS, P.e. BY; JjtffiJ-. A ,t.irL Hema B. Patel, Esquire Attorney fi)r Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17'" Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Kutztown University Administration). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; tMo jpJ/- BY; JleIJLlt- A~' Ati- Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG . INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CustOdian of Records for Kntztown University Administration P.O. Box 730 Kntztown, PA 19530 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for; Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 173]5. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This suhpoena was issued at the request of the following person: Name: Hema B. Patel. Esanire Address: United Plaza. 30 S.17th Street. Snite 1800. Phila.. PA.19103 Telephone No. 215-893-9300 Supreme Conrt ID NO. 90148 Attorney for: Defendant Best Line EQninment. Inc. DATE: "+/0'1/z00'l (SEAL) ~(I'-(L: '1}t.l )IJJ-! BY THE COURT: PRO: c01 ':'_~;;_i ~ -'- "., c;:--;o C....':> ...- (--- (= "ii --:1 -L-n fn ,~" -rh1 ;'!;1'~ ~.) L,J -D -~,. (.<'1 Ui FINEMAN KREKSTEiN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CiVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Kutztown University Security/Crowd Control 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 this 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; 1 JJJ;/cJ-./- FINEMAN KREKSTEIN & HARRIS, P.e. BY; ~/IJ( ~/J .hilt- Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17'h Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Kutztown University Security/Crowd Control). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; t kb J,bN . BY: ~4.- iJ, fJ d/trl Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULlc 4009.22 TO: Cnstodian of Records for Kntztown University Security/Crowd Control P.O. Box 730 Kutztown, P A 19530 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoeua for: Bryan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issned at the reqnest ofthe following persan: Name: Hema B. Patel. ESQnire Address: United Plaza. 30 S.17'. Street. Snite U:OO. PhiIa.. PA. 19103 Telephone No. 215-893-9300 Supreme Conrt ID NO. 90148 Attorney for: Defendant Best Line EQuinment. Inc. DATE: '1/0'1/2001/ (SEAL) ~d:t '-(A~: '1}.U /IJ 4 BY THE COURT: eROt!3hJ-Jl .- -, ,-....:> (.:~':l ~:".;' (-.- C- .-, f:~~i7,J iTl C-] , S f~~ i...) L.) ,) (J') u; FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Kutztown University Police 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 ofthe Notice of Intent, including the proposed subpoena, is attached to this Certificate. 3. No objection to this subpoena has been received; and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice ofIntent to serve the Subpoena. Dated; IfJiPjp;.J , FINEMAN KREKSTEIN & HARRIS, P.C. BY; ~Jl It, Ai1t~ Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTElN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite i 800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RUI,E 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Kutztown University Police). You have twenty (20) days from the date listed below in which to file of record and to serve upon the wldersigned an objection to the Subpoena. Ifno objection is made, this Subpoena maybe served. FINEMAN KREKSTEIN & HARRIS, P.e. Dated; t /gO J/JH BY: ~~- i!J.;JMd Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cnstodian of Records for Kntztown University Police P.O. Box 730 Kutztown, P A 19530 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachmentto Subpoena for: BrvanBoas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the reqnest of the following person: Name: Hema B. Patel. Esquire Address: United Plaza, 30 S. 17th Street. Snite 1800, Phi/a.. PA. 19103 Telephone No. 215-893-9300 Supreme Conrt ID NO. 90148 Attorney for: Defendant Best Line EQnipment, Inc., DATE: .." !D':t-ht>o( (SEAL) ~1/w.l: '1/.b)p J/ BY THE COURT: PRO: .- t~" ,= c:::> ~- C.:: t- ".',) (J) -r) (..) Go () --'j'l :cj -, [:1;"'':0 !T1 CO , ~~) -,i c~. ,T' FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19'h Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for docum(mts and things pursuant to Rule 4009.22, Defendant Best Line Equipment, Inc. certifies that: 1. A Notice ofIntent to Service the subpoena to Lyons Fire Company with a copy ofthe 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 ofIntent, including the proposed subpoena, is attached to this Certificate. 3. No objection to this 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;~ FINEMAN KREKSTEIN & ~.IS, P.C. BY; JJu4_ 4.jlt-1d; Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17ili Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (Lyons Fire Company). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.e. Dated; t)j/) )N-'1 , BY; J; ~__ilJ. PtCfiL Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLV Al\l'IA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for Lyons Fire Company Fleetwood, P A 19522 Within twenty (20) days aftef service of this Subpoena, you are ordefed by the Court to produce the documents as referenced in the attachment to SubpoeDa for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies Of producing the things sought. If you fail to pfoduce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. Esquire Address: United Plaza. 30 S.17'h Street. Suite 1800. PhiIa.. PA.19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90t48 Attorney for: Defendant Best Line Equipment. Inc. DATE: r/D7/z00i/ (SEAL) ~: ~/lb /p4 BY THE COURT: ~ 1,. "n 1 PR~ r (~ "., () = (:',.;) ." -- '.- ~:;i , h~ ., 1'-'- {'- r,,' -nnl ~ )C; W ;-) I .-,,0 .;- CJ ~r '"I", ;') ~J , _n_. CJ ; I-n ( ..~ Crt ~~;l FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Holy Spirit Hospital 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 this 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; q -;( q .{J1 FINEMAN KREKSTEIN & HARRIS, P.C. BY:~f/l^--.l?J. 4tct Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By; HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, PA 19103 (2 i 5) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUE:POENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (HOLY SPIRIT HOSPITAL). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated; Q-g';b4 BY; JJur\A-.;J PMx;l Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTy v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED TO: Cnstodian of Records for Holy Spirit Hospital 503 N. 21" Street Camp Hill, PA 17011 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PlJRSUANT TO RULE 4009.22 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Bryan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This snbpoena was iSsued at the reqnest afthe following person: Name, Hema B. Patel. ESquire Address, United Plaza. 30 S. 17'h Street. Suite 1800. PhiIa.. PA. 19103 Telephone No. 215-893-9300 Snpreme Conrt ID NO. 90148 Attorney for, Defendant Best Line EQnlDment. Inc. DATE, (SEA'ff~/'" Y' ~~ Cf'jLqlDJ./ BY THE COURT: , ""1/' t,:. ~c;d "";0 .~ ('l ~:": l'';J =2 ...., C:::::." C~ ~- C) c) -; t J,::;'- o -n :r..,., n1-.-1 r-. -0 iT1 :,OCJ ',,") ,I :1(-:-) ~T'TI (')'.1 :'.::..-C) ;'csrn .,:1 ~ ~'.lJ .< ;:!: c."';) N \.0 FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19" Floor Philadelphia, PA 19I03-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: 1. A Notice of Intent to Service the subpoena to Holy Spirit Hospital Radiology Department 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 this 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; q / rtq / ~J-.j I . FINEMAN KREKSTEIN & HARRIS, P.e. BY; ~~ 6. jJlt~ Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By; JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for De~'ndant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (HOLY SPIRIT HOSPITAL RADIOLOGY DEPARTMENT). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.e. Dated; q-8-tJJ-J BY:~~ ~/J, /b;t Hema B. Patel, Esquire Attorney fiJr Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No, 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RlULE 4009.22 TO: Custodian of Records for Holy Spirit Hospital Radiology Department 503 N. 21't Street Camp Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Bryan Boas. 2001 Red Roank Road. #501. Dover. PA. i7315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the thuogs sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This snbpoena was issned at the reqnest of the fOllowing person: Name: Hema B. Patel. Esquire Address: United Plaza. 30 S.17th Street. Suite 1800. PhiIa.. PA.19103 Telephone No. 215-893-9300 Snpreme Conrt ID NO. 90148 Attorney for: Defendant Best Line EQniDment, Inc. DATE: ~D /.~ ( AL) , ~ 1}1-q/01-/ BY THE COURT: ,.O~ ~~ ,...:> (';:") ~:i?- o C') --l , ,s;- <;f~ :i! .." r"np -n. _ ~1)l -.rJ"r ()() -t.~" d'ES ;'~''j(n ~:,:,:; ~.'~, -~"~ -<, -., :!;: '1? 1') '-" FINEMAN KREKSTEIN & HARRis, P.C. By; JAY BARRy HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 215 893-9300 BRYAN L. BOAS and his wife KELLY BOAS Attome s for Defendant Best Line E ui ment, Inc. Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 4009.22, Defendant Best Line Equipment, Inc. certifies that: 1. A Notice of Intent to Service the subpoena to The Hetrick Center with a copy of the subpoena attached thereto was mailed or deIivered 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 this 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: 4'--;f tj -.tJJj FINEMAN I<REKSTEIN ~HARRIS, P.C. BY" ~~& jJ~ Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIs, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17'" Street - Suite 1800 Philadelphia, PA 19103 215 893-9300 BRYAN L. BOAS and his wife KELLY BOAS Attome s for Defendant Best Line E ui ment, Inc. Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED Defendant Best Line EqUipment, Inc. intends to serve a Subpoena identical to the one that is NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 attached to this Notice (THE HETRICK CENTER). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated: q ~gJf)~ BY: '- {/~ -13. jJlCfii Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTy v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURy TRIAL DEMANDED TO: Cnstodian of Records for The Hetrick Center Atten: Amy Heckman 500 North Union Street Middletown, P A 17057 SUBPOENA TO PRODUCE DOCUMENTS OR TmNGS FOR DISCOVERY PURsUANT TO RULE 4009.22 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: B anBoas 2001 Red Bank Road #501 Dover PA 17315. You may deliver or mail legible copies of the documents or prodnce things reqnested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this snbpoena may seek a court order compelling you to comply with it. This subpoena was issned at the reqnest of the following person: Name: Hema B. Patel. ESQuire Address: United Plaza. 30 S. 17th Street. Suite 1800. Phlla.. P A. 19103 Telephone No. 215-893-9300 Supreme COQrt ID NO. 90148 Attorney for: Defendant Best Line EQniDment. Inc. DATE: 9//4 /~ ~ (SEAL) , ~ qkqjb4 BY THE COURT; PROf t. Q.:.. -rY)(~.1~""r iJet- ~ .~ ....., (~:::') 0 ?! -n a :;J n -, j'll ::c ,. I -orn .c:- :-,CJt~ l - C) 1 -,.",( ) ~~ ~t:} ~rj -";", '-:'! (~:)rTl ......q "" )> .D co -< , FINEMAN RREKSTEIN & HARRIS, P.C. By; JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTUNE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCRS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for docuffii~nts and things pursuant to Rule 4009.22, Defendant Best Line Equipment, Inc. certifies that: 1. A Notice of Intent to Service the subpoena to Josl~ph Bernstein, M.D. 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 this 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: QU0!PJt FINEMAN KREKSTEIN & HWIS, P.C. By:~A-;j, fJ~ Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN RREKSTEIN & HARRIS, P.c. By; JAY BARRY HARRIS, ESQillRE Identification No. 33998 By: HEMA B. l' A TEL, ESQUJRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND coUNTY Plaintiffs CIVIL ACTlON v. BESTLlNE EQUlPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCRS, INC. No. 03-6325 Defendants JURy TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (JOSEPH BERNSTEIN, M.D.). You have twenty (20) days from the date listed below in which to file of record and to serve upon thl: undersigned an objection to the Subpoena. Ifno objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.C. Dated: q -gr./p ~ BY: ~A^--~ fml . Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCRS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE~009.22 TO: Custodian of Recards for Joseph Bernstein, M.D. BaIa Polnte - Suite 173 111 Presidential Boulevard Bala Cynwyd, PA 19004 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank. Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce dlings requested by this subpoena, together with thc certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This snbpoena was issued at the request ofthe following person: Name: Hema B. Patel. Esquire Address: United Plaza. 30 S. 17th Street. Suite 1800.PhiIa.. PA.19103 Telephone No. 215-893-9300 Supreme Court ID NO. 90148 Attorney for: Defendant Best Line EaulDment. Inc. DATE: till) /0 ~ (SEAL) .' ~.' CI)1Ji )/)4 BY THE COURT: PRo:F~m~n ~Jl"'~ , (') c.; -<.. "> r:;:;o = -c- C) C") -, , .j..- o -n --I :t:-n ("11 ~... r- .nf'n .:00 f''.) I -':..-{C) ;?22€ (")rn .::::, s:j -<-: ::? <;-,> T',) a:> - . FINEMAN RREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that: 1. A Notice of Intent to Service the subpoena to Lou Poloni, Ph.D. 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 this subpoena has been receiwd; 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: q ~;f q --~ t/- FINEMAN KREKSTEIN & H~S, P.C. BY: ~;'VL-, ;2, jl tL-M Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN RREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (LOU POLONI, PH.D.). You have (1.venty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P .C. v1w~/!J.jJ& Dated; q -g./~ ~ BY: Hema B. Patel, Esquire Attorney for Defendant Best Linle Equipment, Inc. (') "" 0 <:::',.,> c:; = ....... .r- e:> --, c-) :T.:n -, rn~,_ -0 1 I :oC".J .s.;- C) 1. ""'"ie> :3! "J:: :r~ S2c:; s-.) ('"5rn:. ......, ">"". ", ~~~~ CO ..... FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19"' Floor Philadelphia, PA 19103-5413 (215) 893-9300 BRYAN L. BOAS and his wife KELLY BOAS Attorneys for Defendant Best Line EqUipment, Inc. Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RUJLE 4009.22 4009.22, Defendant Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Dr. Laura Spears 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 this 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: q ).1. 4 JbJ-/. . . FINEMAN KREKSTElN & /VARR1~ P.C. BY; JJwJL/L-)6.Pttht Hema B. Patel, Esquire Attorney for Deft Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIs, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 BRYAN L. BOAS and his wife KELLY BOAS Attorneys for Defendant Best Line EqUipment, Inc. Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RUll.,E 4009.21 attached to this Notice (DR. LAURA SPEARS). You have twenty (20) days from the date listed below in which to file of record and to serve Upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTElN & HARRIS, P.e. Dated; q-8-bJ-/- BY; ~5kffU~ _;!J. ;J1itZt Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYJ,V ANIA COVNTYOFCUMBERLANJD BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURy TRIAL DEMANDED TO: Cnstodian of Records for Dr. Lanra Spears 205 Street Charles Way York, PA 17402 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY P!JRSUANT TO RULI~ 4009.22 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road. #501. Dover. PA. 17315. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things reqnired by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was Issned at the reqnest of the following person: Name: Hema B. Patel. Esquire Address: United Plaza, 30 S. 17th Street. Snite 1800, Phila.. PA, 19103 Telephone Na. 215-893-9300 Supreme Court ID NO. 90148 Attorney for, Defendant Best Line EQuiDment, In." BY THE COURT; PROf "J.:", ~~~ ,-v ~ (") r,.: -, r-> c::? c;::) ..I~- o " -I 1 .+:- o -'i1 :tI'1"1 rtl i:~;~ --~Jrn CQ'j? ::::;::j ~i-?I (:::J i.l,~~ fjl"n :::.:-1 :'J:J -<: -a ::;-: Y? N O~ FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RUIl,E 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant Best Line Equipment, Inc. certifies that: I. A Notice of Intent to Service the subpoena to Dr. Raymond Kostin with a copyofthe 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 this 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; q l1..Q IN.) FINEMAN KREKSTEIN & HARRIS, P.e. By;J]A7U;, ___ i!J. jJ ail Hema B. Patel, Esquire Attorney for Den. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17th Street - Suite 1800 Philadelphia, P A 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY v. CIVIL ACTION BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (DR. RAYMOND KOSTlN). You have twenty (20) days from the date listed below in which to file of record and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.e. Dated; Cf'-!~~4 By;~_~;Jttfd Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. ~ J"J' ~ ~rifr' ~'f') :mId :l.1IIlO;) 3H.L AH (1Cl!!-f'Clb ;~ J ~HS) -/>0/011 ::iI.LVa 'OUI 'juawalnDll aUnjsalI jUBpna}aa :JO} AaUJOllV 81>106 'ON m jJno;) awaJdnS 00E6-E68-51Z 'oN auoqdaIal. EOl61 'Vd "BINd '0081 anns 'jaaJjS "LI'S OE 'BZBidii'iiiiiIT :ssa1.pPV aJ!nDSll '[ajBd 'lI lRUaH :awBN :noSJad llU!MOIIO} aqj}O jsanbaJ aqjjB panss! SBM Bnaodqns S!q.1 'j! f[I!A' AIdwoo OJ nOA llUlIIOdwoo lOplO jlDOO B '1oos ,{1lIII mroodqns S!f[I OO!AlOS 4rnd of[l 'OO!AlOS SjIlOYB s,{llp (OZ) Aluo^'! 1IftIl!A' mroodqns s!lIl Aq pOl!RbOl SllU!lJllO Sjuownoop of[l oonpold OJ UB} no,{ jI 'jqllnos sllU!lJl of[l lllI!onpOld lO so!doo olfl lllI!lOdold jO JSOO oIqBUO..OlOf[l OOUllApBlI! '1oos OJ jqll!J of[l oABq no A 'OAOqB POjSH ssa.rppB of[l jB jSOnbOl s!lIl llDp[1lllI ,{j.f1ld olfl OJ 'oOUllHdwoo jO OjooY!Jloo of[llfl!A' lOf[lolloj 'mroodqns S!lJl,{q P"lSOnbOl sllU!lJl oonpOld lO Sjuownoop OlfljO so!doo oJq!llOI U1lIII lO lOA!PP,(1lIII no A . > I 'iL I "V d 'lOAOa . I 0,# "BOll 'JUllH pOll [OOZ 'sBoH UBAlH :JOj ',uoodqns OjjUOmqaollB 01fllI! pOOUOlOjOl SB Sjuownoop of[l oonpOld OJ jlDO;) of[l,{q pOlOplO OlO nOA 'mroodqns s!lIljO O"!AlOS lOYB MBp (OZ) Aluo^'! Uflfl!M. nOLI Vd 'mH limB;) on anns - PBoll qOJnq;) JB[dod 068 nllsox pnowABlI 'la JO} spJooall}o UB!pOjSn;) :0.1 ZZ'6001> ll'IJUI 0.1 .1NVJlSlllld AllllAO;)SIa llO.!l S~Nm.1 llO S.1NllWf1;)Oa ll;)JlaOlld 0.1 VNllOdllJlS aHCINVWHa lVnl.I. A'lIIlf SjUllpUOjOa ,Z'i9-to 'ON ';)NJ 'S)!OOH~HH pUll ';)NI 'SHnIl.SflGNI O'Il "ONI '.1NHWdIflOH HNI'Il.SHH NOIl.;)V 'IIAIJ 'A AJ.NJlO;) CINVTIlHHWIl;) SVH'Id NOWWOO dO l.1IIlO;) S'yflUfBId SVOH All1I)l OJ!A' s!'[ pUll SVOH''I NVAlIH ONVllllllIWfi;).!IOX.LNJlO;) VINV A'L\SNNlld .!IO H.l'IV:iIA\NOJ<U\IO;) (,':'., - .::j -< -, ...... c;:::;> (.:-,:, ..- (::> -n --t :1: itl :'J j-- -,-J....n -"''1' <"!;("J ~c --:-1 (' . :'-~ ~,:;?('j ,,'")nl :::,,1 :tj ...< CJ C-; -t I .j:.- -0 ::.l::: w ~) OJ FINEMAN RREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walnut Street, 19th Floor Philadelphia, PA 19103-5413 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants 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 Best Line Equipment, Inc. certifies that; 1. A Notice of Intent to Service the subpoena to David Carlton Baker, M.D. 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 this 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; q-~ q -1/4- FINEMAN KREKSTEIN & H~S, P.C. BY; ~fuA. i!J, f1 ctzt. Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17" Street - Suite 1800 Philadelphia, PA 19103 (215) 893-9300 Attorneys for Defendant Best Line Equipment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is attached to this Notice (DAVID CARL TON BAKER, M.D.). You have twenty (20) days from the date listed below in which to file ofrecord and to serve upon the undersigned an objection to the Subpoena. If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P.e. Dated; q -g -b~ BY: l ~,A- !J Ptttct Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYIN ANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for David Carlton Baker, M.D. The CMA Group 19 Brookwood Avenue - Suite 104 Carlisle, PA 17013 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 200 I Red Bank Road. #501. Dover. P A. 17315. You may deliver or maUlegible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the thngs sought. If you fail to produce the documents or things required by ths subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. Esauire Address: United Plaza. 30 S.17'0 Street. Suite 1800. Phila.. PA.19103 Telephone No. 215-893-9300 Supreme Court ill NO. 90148 Attorney for: Defendant Best Line Eauipment. Inc. DATE: ;t" /~ i (S AL) ~ qkq/bj{. BY THE COURT: ""t<-';~ ~ At ~ p ::':0:: " ....., C~::J c,::; ,<- = " --oj I -l'- <;J n -~ fh.:!J r".' -Dnl :.tlC! t') ,1 ~::-I <. '\ tC :tj .+"2 C) ~)rn ~~ -,) :x (,J ,...~) 0:> FINEMAN KREKSTEIN & HARRIS, P.C. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 1608 Walout Street, 19"' Floor Philadelphia, PA 19103-5413 215 893-9300 Attome s for Defendant Best Line E ui ment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED As a prerequisite to service of a subpoena for documents and things pursuant to Rule CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 4009.22, Defendant Best Line Equipment, Inc. certifies that: 1. A Notice of Intent to Service the subpoena to YMCA with a copy ofthe 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 ofthe Notice of Intent, including the proposed subpoena, is attached to this Certificate. 3. No objection to this 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: t1' j q ~CJ{ FINEMAN KREKSTEIN & HARRIS, P.c. \1l~~ a. jJzdx;t Hema B. Patel, Esquire Attorney for Deft. Best Line Equipment, Inc. BY: FINEMAN KREKSTEIN & HARRIS, P.c. By: JAY BARRY HARRIS, ESQUIRE Identification No. 33998 By: HEMA B. PATEL, ESQUIRE Identification No. 90148 30 S. 17" Street - Suite 1800 Philadelphia, PA 19103 215 893-9300 Attome s for Defendant Best Line E ui ment, Inc. BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED Defendant Best Line Equipment, Inc. intends to serve a Subpoena identical to the one that is NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 attached to this Notice (YMCA). You have twenty (20) days from the date listed below in which to file ofrecord and to serve upon the undersigned an objection to the Subpoena, If no objection is made, this Subpoena may be served. FINEMAN KREKSTEIN & HARRIS, P ,C. Dated: q /g--Off BY: ~~ i!J. ~vri Hema B. Patel, Esquire Attorney for Defendant Best Line Equipment, Inc. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BRYAN L. BOAS and his wife KELLY BOAS COURT OF COMMON PLEAS CUMBERLAND coUNTY Plaintiffs CIVIL ACTION v. BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC. No. 03-6325 Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009,22 TO: Custodian of Reeords for YMCA 410 Fallowfield Road Camp Hill, PA 17011 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the documents as referenced in the attachment to Subpoena for: Brvan Boas. 2001 Red Bank Road, #501. Dover. PA. 17315. You may deliver or rnaillegible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party service this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Name: Hema B. Patel. Esauire Address: United Plaza. 30 S, 17'0 Street. Suite 1800. Phila.. PA.19103 Telephone No. 215-893-9300 Supreme Conrt ill NO, 90148 Attorney for: Defendant Best Line Equipment. Inc, DATE: 1/'. I~ 'I (SEAL . BY THE COURT: ~til 4 Ji-1 )DJ-} PRO:~~-'-' ~'}D ~ <:...) ~) 0, "" <"":') c.~3 ~- o "'T, --/ :1: -1'") n'Jt~c:: -niT} ~~.r~ ('!; ;,t::n '~;: ('3 c5tTl " ~'.YJ "'< a '-' -, , .." v ~'~".. II BRYAN L. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLA'lD COUNTY, PA CIVIL ACTION - LAW v. NO. 03-6325 Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, satisfied, and discontinued. Respectfully submitted, ANGINO & ROVNER, P.S;,/ / Date: ~/ro)o.;- 293819 II - i I CERTIFICATE OF SERVICE I, Shirley Corman, an employee of Angino & Rovner, P.C. hereby certifY that a true and correct copy of the foregoing Praecipe to Discontinue was served by United States first-class mail, postage prepaid, upon the following: Jay Barry Harris, Esquire Hema B. Patel, Esquire FINEMAN KREKSTEIN & HARRIS, P.C. 30 S. 17th Street, Suite l800 Philadelphia, P A J 9l 03 Attorney for Bestline Equipment, Inc, Joseph P. Trabucco, Esquire POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO 475 Allendale Road, Ste. 200 King of Prussia, PA 19406 Attorney for JLG Industries, Inc. Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, Sixth Floor P,O. Box 999 Harrisburg, P A l7108 Attorney for Hershocks, Inc. o h)~ Ii,. __ ~. ley Corman Dated: ~j; O/()5'"'/ 293819 ;".1 '''j .,) P,,: - - "jj .-r j: II BRYAN L. BOAS, BOAS, Plaintiffs and his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. NO, 03-6325 Civil Term BESTLINE EQUIPMENT, INC., JLG INDUSTRIES, INC. and HERSHOCKS, INC., Defendants JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW PRAECIPE TO DISCONTINUE On February lO, 2005, Plaintiff's counsel erroneously filed Praecipe to Discontinue this action. The Praecipe to Discontinue was filed stamped February ll, 2005. Plaintiff respectfully requests that the erroneously filed Praecipe to Discontinue be Withdrawn. Respectfully submitted, ANGINO & ROVNER, P.C. ~-;> .7 /~L-~ / hard C. Angino, Esquire I.D. No. 07140 Joan L. Stehulak, Esquire I.D. No. 29496 4503 N. Front Street Harrisburg, P A 17llO (717) 238-679l Attorney for Plaintiff Date: 2fl5f05 294101 II II I CERTIFICATE OF SERViCE I, Shirley Corman, an employee of Angino & Rovner, P.c. hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw Praecipe to Discontinue was served by United States first-class mail, postage prepaid, upon the following: Jay Barry Harris, Esquire Hema B. Patel, Esquire FINEMAN KREKSTEIN & HARRlS, P.C. 30 S. 17th Street, Suite 1800 Philadelphia, PA 19103 Attorney for Bestline Equipment, Inc. Joseph P. Trabucco, Esquire POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO 475 Allendale Road, Ste. 200 King of Prussia, P A 19406 Attorney for JLG Industries, Inc. Stephen E. Geduldig, Esquire THOMAS, THOMAS & HAFER 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg, PA l7l08 Attorney for Hershocks, Inc. Shirley Corman Dated: 2/l5/05 294101 i\" ..,-' '.. , '.. - ~ II II . 11- BRYAN 1. BOAS, BOAS, Plaintiffs d his wife, KELLY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v, NO. 03-6325 Civil Term BESTLINE EQUIP ENT, INC" JLG INDUSTRIES, INC, d HERSHOCKS, INC" Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONO ARY: Please mark the above-captioned action settled, satisfied, and discontinued, Respectfully submitted, ANGINO & ROVNER, P,C. .-r'-'~_. , Esquire Date: ,f 11s-lolc ../". .... CERTIFICATE OF SERVICE I, Shirley Corm , an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the fo egoing Praecipe to Discontinue was served by United States first-class mail, postage prepaid, pon the following: Jay Barry Harris, Esqu' e Hema B. Patel, Esquire FINEMAN KREKSTE & HARRIS, P,C, 30 S, 17th Street, Suite l800 Philadelphia, PA 1910 Attorney for Be tline Equipment, Inc, Joseph p, Trabucco, Es uire POWELL, TRACHT AN, LOGAN, CARRLE & LOMBARDO 475 Allendale Road, S ,200 King of Prussia, PA 1 406 Attorney for JL Industries, Inc. Stephen E. Geduldig, squire THOMAS, THOMAS HAFER 305 North Front Street, Sixth Floor P,O, Box 999 Harrisburg,PA l7108 Attorney for H rshocks, Inc. 11~ Jrffh 'rley Corman Dated: f/ Jsj(J/o ('") ....., 0 = c: = -n <" .,.. -pfX) ".. ~ n1rr. c:: m:D Z::r.: G") -Oh1 :;;~C S2~~'i. a> :l)6 !;::C'; @-.. 1;; (__ "'t:J ----1'1 -? ,~ :x QB '-0 aSll J>c w z ~ =<! 0 0'\ -<