Loading...
HomeMy WebLinkAbout08-0810s -%, Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com ERIE INSURANCE GROUP, as subrogee of MR. SANDMAN, INC 3416 Bedford Street Camp Hill, PA 17011 V. Plaintiff HENKELS & McCOY, INC. 985 Jolly Road Blue Bell, PA 19422 and PPL ELECTRIC UTILITIES CORP 2 N. 9th Street Allentown, PA 18101 Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEA; CUMBERLAND COUNTY, PENNSYL' NO. 6g --8t6 JURY TRIAL DEMANDED VANIA L _?Vy? PRAECIPE FOR WRIT OF SUMMONS Kindly issue a Writ of Summons in the above-captioned action against the following Defendants advising them that Plaintiff has commenced an action and that they will be required to defend: HENKELS & McCOY, INC. 985 Jolly Road Blue Bell, PA 19422 PPL ELECTRIC UTILITIES CORPORATION 2 N. 9th Street Allentown, PA 18101 JOHNSON, DUFFIE, STEWART & DATE: e y L. onanno, Esquire I. D. N 00811 301 M et Street P.O. Box 109 Lemoyne, PA 17043-0109 / Telephone (717) 761-4540 ` i Attorneys for Plaintiff NER :322743 ? ? Ya cl? C7 0 O 'C3 iY'i 'T'1 fTj r--:. f?"1 film DO J. a Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS ERIE INSURANCE GROUP, AS SUBROGEE OF MR. SANDMAN, INC. 3416 BEDFORD STREET CAMP HILL, PA 17011 Plaintiff Vs. HENKELS & MCCOY, INC. 985 JOLLY ROAD BLUE BELL, PA 19422 AND PPL ELECTRIC UTILITIES CORP. 2 N 9TH STREET ALLENTOWN, PA 18101 In CivilAction-Law Defendant Court of Common Pleas No 08-810 CIVIL TERM To HENKELS & MCCOY, INC. AND PPL ELECTRIC UTILITIES CO You are hereby notified that ERIE INSURANCE GROUP, AS SUB] OF MR. SANDMAN, INC. the Plaintiff(s) has / have commenced an action Action-Law against you which you are required to defend or a default judgmel entered against you. (SEAL) Date FEBRUARY 4, 2008 By Deputy Attorney: Name: KELLY L. BONANNO Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET P.O.BOX 109 LEMOYNE, PA 17043-0109 Attorney for: Plaintiff Telephone: 717-761-4540 Supreme Court ID No. 200811 Civil nay be Johnson, Duffie, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com Attorneys for Plaintiff ERIE INSURANCE GROUP, IN THE COURT OF COMMON PLEAS as subrogee of CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC 3416 Bedford Street Camp Hill, PA 17011 V. Plaintiff NO. QL..) HENKELS & McCOY, INC. 985 Jolly Road Blue Bell, PA 19422 and PPL ELECTRIC UTILITIES CORP. 2 N. 9th Street Allentown, PA 18101 Defendants : JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS Kindly reissue the Writ of Summons originally filed on February 1, 2008, in the above- captioned action against the following Defendants, advising them that Plaintiff has commenced an action and that they will be required to defend: HENKELS & McCOY, INC. 985 Jolly Road Blue Bell, PA 19422 PPL ELECTRIC UTILITIES CORPORATION 2 N. 9th Street Allentown, PA 18101 JOHNSON, DUFFIE, STEWART & WEIDNER By: i Kelly L. 'o anno, Esquire I.D. No. 0 811 301 Mark t Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff DATE: February 27. 2008 325328 Cd L , -71 co r71 .%1 26/1090955.v1/30008.00511 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David F. White, Esquire Attorney ID #55738 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Telephone: 610-354-8262 Fax: 610-354-8299 Email: dfwhite ,mdwc .com Attorney for Defendant, Henkels & McCoy, Inc. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. AND PPL ELECTRIC UTILITIES CORP. PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon Plaintiff, Erie Insurance Group, as subrogee of Mr. Sandman, Inc. to file a Complaint pursuant to Pa.R.C.P. 1037(a) against Henkels & McCoy, Inc. within twenty (20) days or suffer a Judgment of Non Pros. Y, W BY: DAVID HITE, ESQL BRIAN J. McNULTY, ES )-2?T-aq Attorneys for Defendant Date: Henkels & McCoy, Inc. 26/1090955.v1/30008.00511 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David F. White, Esquire Attorney ID #55738 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Telephone: 610-354-8262 Fax: 610-354-8299 Email: dfwhite64mdwcg com Attorney for Defendant, Henkels & McCoy, Inc. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. AND PPL ELECTRIC UTILITIES CORP. RULE TO FILE COMPLAINT AND NOW, this _ 9,7 _ day of 41Atmao, , 2008, a Rule is entered upon Plaintiff, Erie Insurance Group, as subrogee of Mr. Sandman, Inc. to file a Complaint against Henkels & McCoy, Inc. isj ww2w PROTHONOT /R/ ?1 .•?? i ?ice 'r- ? ? ' ? . ?{ ;? .M .? ` , °,, ? , ?? u ? ?? e 26/1090955.v 1 /30008.00511 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David F. White, Esquire Attorney ID #55738 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Telephone: 610-354-8262 Fax: 610-354-8299 Email: dfwhiteamdwcg com Attorney for Defendant, Henkels & McCoy, Inc. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. AND PPL ELECTRIC UTILITIES CORP. CERTIFICATE OF SERVICE The undersigned, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant, Henkels & McCoy, Inc.'s Praecipe for Rule to File Complaint and Rule to File Complaint against Plaintiff, Erie Insurance Group, as subrogee of Mr. Sandman, Inc. was forwarded to counsel on March 3, 2008, by certified mail/return receipt to the Plaintiff and by regular mail to all other parties. The Praecipe for Rule to File Complaint and Rule to File Complaint was received by attorney for Plaintiff, Erie Insurance Group, as subrogee of Mr. Sandman, Inc. on March 5, 2008. Kelly L. Bonanno, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 PPL Electric Utilities Corp. 2 N. 9th Street Allentown, PA 18101 BY: MARSHALL, DENNEHEY, WARNER, A REGIONAL DEFENSE LITIGATION LAW FIRM PENNSYLVANIA , WLfltNi+,C01E lAI\ 6 lJlJGG N I llFNNEMY MAiWiJ1'1 1 Bethleem oyleto n D 9 , 1 . Erie A P R O P E S S 1 O N A L C O R P O R A T 1 0 N www.m2mhaU&tmehey.com King ofP Pr r King oussia Philadelphia Pittsburgh Scranton Williamsport 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 NTEV JERSEY (610) 354-8250 • Fag (610) 354-8299 RosendE" DELAAARE Wilmington OHIO Direct Dial: 610-354-8271 Akron Email: bjmcnulty@mdwcg.com PLORmA Ft. Lauderdale Jacksonville Orlando Tampa CERTIFIED MAIL/RETURN RECEIPT Kelly L. Bonanno, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 March 3, 2008 0 00 RE: Erie Insurance Group, as subrogee for Mr. Sandman, Inc. v. Henkels & McCoy, Inc., et al Cumberland County CCP, No. 08-810 Our File No. 30008-00511 DFW Dear Ms. Bonanno: Enclosed please find a time-stamped copy of the Praecipe for Rule to File Complaint and Rule to File Complaint directed to Plaintiff, Erie Insurance Group, as subrogee of Mr. Sandman, Inc., in the above-captioned matter. Very truly yours, BJM/ems Enclosure BRIAN J. McNULTY cc: PPL Electric Utilities Corp. (w/enc.) (by regular mail) Q_2 (DO 26/1093396.v1 11111 Complete items 1, 2, and 3.,AIso complete Sign item 4 if Restricted Delivery, is desired. O Agent ¦ erint your name and address on the reverse ? Addressee so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, Receiv P C. Date of Delive S? or on the front if space permits. 1. Article Addressed to: D. Is delivery address ffemnt from item 1? ? Yes If YES, enter delivery address below: ? No GClJ? ? /9 3. See-Type rtifed mail 13 Ex ress Mail T 16 9 ) ? Re ist d p ? R ( 70 010.7 g ere ? Insured Main etum Receipt for Merchandise ? C.O.D,, 4. Restricted Delivery? (Extra Fee) ? Yes 2. Arttcle.tJumber t (transfer from service labeq ?v v y Qc?[ 0 8 d ?? ?? r/6 ps Form 3811, February 2004 Domestic Return Receipt ti 102596-02-M-540 t? N ? O _a ` f V CJ ? 73 Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com ERIE INSURANCE GROUP, IN THE COURT OF COMMON PLEAS as subrogee of CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC 3416 Bedford Street Camp Hill, PA 17011, Plaintiff y 167 v. NO. O HENKELS & McCOY, INC. 985 Jolly Road Blue Bell, PA 19422 and PPL ELECTRIC UTILITIES CORP. 2 N. 9"' Street Allentown, PA 18101 Defendants : COMPULSORY ARBITRATION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com ERIE INSURANCE GROUP, as subrogee of MR. SANDMAN, INC 3416 Bedford Street Camp Hill, PA 17011, v. Plaintiff HENKELS & McCOY, INC. 985 Jolly Road Blue Bell, PA 19422 and PPL ELECTRIC UTILITIES CORP 2 N. 9th Street Allentown, PA 18101 Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?)?--00 COMPULSORY ARBITRATION AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o 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 le advierte de que si usted falla 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 o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com ERIE INSURANCE GROUP, as subrogee of MR. SANDMAN, INC 3416 Bedford Street Camp Hill, PA 17011, v. Plaintiff HENKELS & McCOY, INC. 985 Jolly Road Blue Bell, PA 19422 and PPL ELECTRIC UTILITIES CORP 2 N. 9th Street Allentown, PA 18101 Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : COMPULSORY ARBITRATION COMPLAINT AND NOW comes the Plaintiff by and through its attorneys Johnson Duffie, Stewart & Weidner, P.C. and in support of its Complaint respectfully set forth as follows: 1. The Plaintiff in this matter, Erie Insurance Group, is a Pennsylvania insurance company located at 100 Erie Insurance Place, Erie, PA 16530. 1 2. The Plaintiff, Mr. Sandman, Inc., is a Pennsylvania Corporation, with its principle place of business located at 3416 Bedford Street, Camp Hill, PA 17011. 3. The Defendant, Henkels & McCoy, Inc., is a Pennsylvania Corporation, with its principle place of business located at 985 Jolly Road, Blue Bell, PA 19422. 4. The Defendant, PPL Electric Utilities Corp., is a Pennsylvania Public Utility Corporation, with its principle place of business located at 2 N. 9th Street, Allentown, PA 18101. 5. On or about February 12, 2007, a vehicle driven by Plaintiff's employee was traveling on 21St Street in Camp Hill, Cumberland County, Pennsylvania, when the driver encountered a vehicle owned and operated by Henekls & McCoy, Inc. with a bucket extended for utility line repairs. 6. It is believed, and therefore averred, that Henkels & McCoy Inc. was dispatched to the location in question as a subcontractor for Defendant PPL Electric Utilities, Corp. 7. As Plaintiff's vehicle was attempting to maneuver around the Henkels & McCoy vehicle, a portion of the bucket extension of Defendant's vehicle caught the top of Plaintiff's vehicle. 8. As a result, Defendant's vehicle was pushed into a nearby apartment building, causing damage to the building. 9. Plaintiffs vehicle was also damaged as a result of the collision. 10. Plaintiff has incurred the expenses associated with repairs to the apartment building as well as its vehicle as a result. 2 COUNT I- NEGLIGENCE 11. Paragraphs 1-10 are incorporated herein as if set forth in full. 12. As the result of the negligent operation of its vehicle and the attached bucket lift, Defendants caused Plaintiff to incur damages and expenses. 13. The negligence of Defendants consisted of: a. Failure to properly operate the bucket lift attached to their vehicle; b. Failure to exercise reasonable care in allowing the bucket lift to remain in its extended position while not in operation; C. Failure to ensure that the position of the bucket lift did not interfere with or create a hazard for approaching vehicles; d. Failure to warn approaching vehicles of the hazard created overhead by the extended boom lift; e. Failure to exercise reasonable care by failing to properly secure the bucket lift while in the extended position and unsupervised; and f. Reckless disregard for approaching traffic. 14. The negligence of the Defendants caused damages to Plaintiff's vehicle and a nearby apartment building, for which Plaintiff incurred damages in the amount of WHEREFORE, the Plaintiff demands judgment in an amount sufficient to submit this to compulsory arbitration. COUNT II - VICARIOUS LIABILITY 15. Paragraphs 1-14 are incorporated herein as if set forth in full. 3 16. At all times relevant hereto, Henkels & McCoy, Inc. was a subcontractor of PPL Electric Utilities, Corp., doing public utility repairs on behalf of PPL Electric Utilities Corp. 17. Defendant PPL Electric Utilities Corp.'s subcontractor, Henkels & McCoy, Inc. were, at all times relevant hereto, acting as a subcontractor of Defendant PPL and were acting within the scope of their employment. 18. The negligence of the Defendant's subcontractor caused damages to Plaintiff's vehicle as well as a nearby apartment building, which were expenses Plaintiff incurred as a result of this incident. 19. The negligence of the Defendant's subcontractor consisted of: a. Failure to properly operate the bucket lift attached to their vehicle; b. Failure to exercise reasonable care in allowing the bucket lift to remain in its extended position while not in operation; C. Failure to ensure that the position of the bucket lift did not interfere with or create a hazard for approaching vehicles; d. Failure to warn approaching vehicles of the hazard created overhead by the extended boom lift; e. Failure to exercise reasonable care by failing to properly secure the bucket lift while in the extended position and unsupervised; and f. Reckless disregard for approaching traffic. 20. The negligence of the Defendants caused damages to Plaintiff's vehicle and a nearby apartment building, for which Plaintiff incurred damages in the amount of $13,660.35. 4 WHEREFORE, the Plaintiff demands judgment in an amount sufficient to submit this case to compulsory arbitration. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER "K6? By: elly L. B o 1. D. No. 29f, 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 318787 VERIFICATION ec. /? G l ?Gl2P P, as representative of Erie Insurance Group, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Dated: 3 Q Name: Title: J r fig 6 CERTIFICATE OF SERVICE sLe AND NOW,. this `day of March, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Brian J. McNulty Marshall Dennehey Warner Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 PPL Electric Utilities Corp. 2 N. 9th Street Allentown, PA 18101 JOHNSON, DUFFIE, STEWART & WEIDNER By: Kelly LM nanno 7 " C ? ??_ ? ?? ,. ? ;•-,? ? t -?? '; ?rt, -? ?_ ?? ? , ? ? ? ': ?.. ? '' - f"; ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00810 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS HENKELS & MCCOY 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: PPL ELECTRIC UTILITIES CORP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LEHIGH serve the within WRIT OF SUMMONS County, Pennsylvania, to On March 28th , 2008 , this office was in receipt of the attached return from LEHIGH Sheriff's Costs: So answers- Docketing 6.00 -?-° Out of County 9.00 '". Surcharge 10.00 R. Thomas Kline Dep Lehigh County 30.00 Sheriff of Cumberland County SS.00 ? 0 03/28/2008 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-00810 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP VS HENKELS & MCCOY 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 T -TTTT T ( r TR/'1 11 /ll7 TTTII to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within WRIT OF SUMMONS On March 28th , 2008 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: So answer Docketing 18.00 Out of County 9.00 ' Surcharge 10.00 R. Thomas Kline Dep Montgomery Co 33.00 Sheriff of Cumberland County Postage 1.50 71 . 5 0 31.1$ jOa? 03/28/2008 JOHNSON DUFFIE STEWART & WEIDN Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas U Cumberland County, Penbsylvania Erie Insurance Group VS. Henkels & McCoy Inc et al SERVE: Same No. 08-810 civil Now, February 8, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgomery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 20(9f, at o'clock M. served the dd/?!' within upon by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA ti '®f (CunthQrt R. THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 00 Please mail return of service to Cumberland County Sheriff. 6 Hon. John Durante T0: Montgomery County Sheriff Dear Sheriff: RE:. Erie Insurance Group VS Henkels & McCoy Inc et al 08-810 civil BONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Thank you. Enclosed please find Writ of summons PERM" to be served upon Henkels & McCoy Inc RF9 ATi'?N POSITION 985 Jolly Road SE : " cI l`/? - _ ..7-.? ---- . PLACE OF „e?'??..E TIME OF SERWE Blue'Bell, PA.19422 in your County. NUMBER OF ATTEMPTS Kindly make service thereof and send us your return of saiv ce DEPUTY LAST DAY of ZEME Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania ? A, -- m Enclosures: 3 _ rac Gig In The Court of Common Pleas of Cumberland County, Pennsylvania Erie Insurance Group vs. Henkels & McCoy Inc et al SERVE: PPL Electric Utilities Corp No. 08-810 civil Now, February,", 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lehigh deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to Sworn and subscribed before me this day of , 20 copy of the original So answers, Sheriff of County to execute this Writ, this the contents thereof. COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the County, PA SHERIFF OFFICE COURTHOUSE: - 5TH p HAMILTON STREETS ? 455 W HAMILTON $T I D ROOM 106 ALLENTOWN PA 1 S 101-• 1.614 ERIE INSURANCE GROUP; ET AL_ VS HENKEL.S & MCCOY I NC a ET AL (CUMBERLAND CO -- 08-810) WRIT n REISSUED SUMMONS IN CIVIL.. ACTION SERVE: F'F'L_ ELECTRIC UTILITIES CORD AT -. E N '.) ('H ST ALLEN I"OWN , PA 18101 ATTNY.- 000 000 0000 DOC#: 2008-CV-1515 CASE: 2008-NC-0822 EXPIR: 29-Mar-2008 DEPOSIT v 30.00 ENTRY: 14-Mar-2008 RETURN OF SERVICE 1. NAME O INDIVIDUAL SERVED: knt Ac E. RELATIONSHIP TO I CFI hIL?ANT w . ?. f ?ir = ................. _ 4 a LOCATION OF SERVICE: AJ Cool C,/AJ----_??_..___.__---__ 5 n UNABLE TO LOCATE: t ? NUMBER OF ATTEMPTS TO LOCATE DEFENDANT AT LAST KNOWN ADDRESS 1. u DATE: & TIME DATE & TIME: 5. DATE & TIME 2. DATE & TIME 4. DATE & TIME 6. DATE & TIME ACCEPTANCE. OF SERVICE I HEREBY ACCEPT SERVICE OF THE LEGAL PROCESS AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE I S ACCEPTED ON BEHALF" OF THE LISTED DEFENDANT(S) AND I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO SO PRINTED NAME: OF AUTHORIZED AGENT SIGNATURE OP AUTHORIZED AGENT. DATQ: TIME- PRINT NAME OF DEPUTY SHERIFF SO ANSWERS _...__.__._.._.._.._....____._.__.__........... _____..- CAF ' .fTY SI°4 Fi F SHERIFF OF LEH I GH COUNTY ?t of CUJ?th?rt$ R. THOMAS KLINE Sheriff EDWARD L SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy Please mail return of service to Cumberland County Sheriff: Thank you. T0; Hon. Ronald Rossi RE: Eris Insurance Group Lehigh County Sheriff VS Henk-ls & McCoy Inc et al 08-810 civil Dear Sheriff: Enclosed please find Writ of Simmons, re;ssue A to be served upon PPL Electric Utilities Corp 2 N 9th Street O Allentown, PA. 18101 ' in your County. Kindly make service thereof and send us your return of service. Enclosures: Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania Johnson, Duffle, Stewart & Weidner By: Kelly L. Bonanno I.D. No. 200811 Elizabeth D. Snover I.D. No. 200997 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 klb@jdsw.com ERIE INSURANCE GROUP, as subrogee of MR. SANDMAN, INC 3416 Bedford Street Camp Hill, PA 17011, v. Plaintiff HENKELS & McCOY, INC. 985 Jolly Road Blue Bell, PA 19422 and PPL ELECTRIC UTILITIES CORP 2 N. 9th Street Allentown, PA 18101 Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-810 COMPULSORY ARBITRATION PRAECIPE Please attach the enclosed Verification Page to the Plaintiff's Complaint. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By Elizabeth Snover I.D. No. 2 0997 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 330032 f VERIFICATION I, as representative of Mr. Sandman, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Dated: 'eq"fv ame: Title: Q 6 CERTIFICATE OF SERVICE AND NOW, this 17?-day of April, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Brian J. McNulty Marshall Dennehey Warner Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 PPL Electric Utilities Corp. 2 N. 9th Street Allentown, PA 18101 JOHNSON, DUFFIE, STEWART & WEIDNER By: Z(/V Elizabet . Snoov"err hJ c?a +? '•rj --*- ?' ...._ -v-r?? ,... Cs3 - - _? . , ? -i ?? _.._ :ate _.._ .., TO: PLAINTIFF YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSES TO THE ENCLOSED ANSWER WITH NEW MATTER AN COUNTERCLAIM WITHIN 20 DAYS FROM SE CE OF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. 11 BY: DAYID F. WftffF,, ES BFdAN J. McNUL McNULTY, ] TTORNEYS FOR DE HENKELS & McCOY, 26/ 1101696. v 1 /30008.00511 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David F. White, Esquire Attorney ID #55738 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Telephone: 610-354-8262 Fax: 610-354-8299 Email: dfwhitena,mdwcg.com Attorney for Defendant, Henkels & McCoy, Inc. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. AND PPL ELECTRIC UTILITIES CORP. DEFENDANT. HENKELS & MCCOY. INC.'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM 1. Admitted. 2. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the same are deemed denied and strict proof thereof is demanded at time of trial. 3. Admitted. 4. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the same are deemed denied and strict proof thereof is demanded at time of trial. 5. Admitted. 6. Denied. 7. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the same are deemed denied and strict proof thereof is demanded at time of trial. 8. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the same are deemed denied and strict proof thereof is demanded at time of trial. 9. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the same are deemed denied and strict proof thereof is demanded at time of trial. 10. Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of this paragraph and, therefore, the same are deemed denied and strict proof thereof is demanded at time of trial. COUNT I - NEGLIGENCE 11. Answering Defendant repeats and reiterates its responses to the allegations contained in paragraphs 1 through 10 and incorporates the same as though set forth more fully herein. 12. All allegations of negligence and carelessness in this paragraph are denied. The remaining allegations contained in this paragraph are conclusions of law to which no response is required. 13. All allegations of negligence and carelessness in this paragraph and its subparagraphs are denied. The remaining allegations contained in this paragraph and its subparagraphs are conclusions of law to which no response is required. 14. All allegations of negligence and carelessness in this paragraph are denied. The remaining allegations contained in this paragraph are conclusions of law to which no response is required. WHEREFORE, Answering Defendant denies liability to Plaintiff and demands judgment in its favor together with costs of suit and attorney's fees. COUNT II - VICARIOUS LIABILITY 15. Answering Defendant repeats and reiterates its responses to the allegations contained in paragraphs 1 through 14 and incorporates the same as though set forth more fully herein. 16. Denied. 17. Denied. 18. All allegations of negligence and carelessness in this paragraph are denied. The remaining allegations contained in this paragraph are conclusions of law to which no response is required. 19. All allegations of negligence and carelessness in this paragraph and its subparagraphs are denied. The remaining allegations contained in this paragraph and its subparagraphs are conclusions of law to which no response is required. 20. All allegations of negligence and carelessness in this paragraph are denied. The remaining allegations contained in this paragraph are conclusions of law to which no response is required. WHEREFORE, Answering Defendant denies liability to Plaintiff and demands judgment in its favor together with costs of suit and attorney's fees. NEW MATTER 21. Answering Defendant repeats and reiterates its responses to the allegations contained in paragraphs 1 through 20 and incorporates the same as though set forth more fully herein. 22. Plaintiffs Complaint fails to state a cause of action or claim upon which relief can be granted. 23. Plaintiffs claims are barred and/or limited by the statute of repose. 24. Plaintiffs claims are barred and/or limited by the statute of limitation. 25. Plaintiff s claim may be barred by its contributory negligence. 26. Answering Defendant is not responsible for persons, events, circumstances or conditions reasonably beyond its control. WHEREFORE, Answering Defendant denies liability to Plaintiff and demands judgment in its favor together with costs of suit and attorney's fees. COUNTERCLAIM 27. Answering Defendant repeats and reiterates its responses to the allegations contained in paragraphs 1 through 26 and incorporates the same as though set forth more fully herein. 28. On February 12, 2007, employees of Defendant, Henkels & McCoy, Inc. parked their vehicle on the side of 21St Street in Camp Hill, Cumberland County, Pennsylvania, in order to perform work on fiber optic cables at this location. 29. Employees of Defendant, Henkels & McCoy, Inc. parked the utility truck on the curb with only the driver's side tires located on 21St Street. 30. Additionally, Henkels & McCoy, Inc. employees placed warning cones both on the driver's side of the utility truck, as well as behind the truck on 21 st Street. 31. Plaintiff, Mr. Sandman, Inc.'s driver negligently and carelessly caused his vehicle to impact the Henkels & McCoy, Inc. utility truck parked on the side of the road. 32. As a result of this impact, Defendant, Henkels & McCoy, Inc.'s utility truck incurred damage. 33. As a result of this impact, Defendant, Henkels & McCoy, Inc.'s crew was unable to complete work at this location on the date of this accident. 34. Defendant, Henkels & McCoy, Inc. has incurred expenses associated with repairs to its utility truck, as well as the loss of fees and income associated with Defendant, Henkels & McCoy, Inc.'s crew inability to complete work at this location on the date of this accident, for which Defendant incurred damages in the amount of $7,455.80. 35. The negligence of Plaintiff, Mr. Sandman, Inc. consisted of a. Operating its vehicle in an excessive rate of speed under the circumstances; b. Failing to maintain a proper lookout; C. Violating various ordinances and statutes of the Commonwealth of Pennsylvania pertaining to the proper operation of motor vehicles on public highways and roadways; d. Failing to maintain proper control of his motor vehicle, operating his vehicle with disregard for the rights, safety and position of Defendant, Henkels & McCoy, Inc.'s vehicle; e. Being otherwise negligent under the circumstances. WHEREFORE, Defendant, Henkels & McCoy, Inc. counterclaims for damages against Plaintiff in the amount of $7,455.80, together with interest and costs and such other relief as the Court may award. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: v DAV F. WHITE, ESQL BRIAN J. McNULTY, ES Attorneys for Defendant Henkels & McCoy, Inc. Date: S? d ? VERIFICATION The undersigned hereby states that she is the Manager, Claims and Litigation for Henkels & McCoy, Inc. in this action and verifies that the statements made in the foregoing Defendant, Henkels & McCoy, Inc.'s Answer to Plaintiff's Complaint with New Matter and Counterclaim are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. DOROTHY J/?j; { Manager, Cl s and Litigation 26/1101696.vl/30008.0051 I 26/ 1101696.v 1 /30008.00511 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David F. White, Esquire Attorney ID #55738 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Telephone: 610-354-8262 Fax: 610-354-8299 Email: dfwhite(a-),mdwcg com Attorney for Defendant, Henkels & McCoy, Inc. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. AND PPL ELECTRIC UTILITIES CORP. CERTIFICATE OF SERVICE The undersigned, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant, Henkels & McCoy, Inc.'s Answer to Pl 'ntiffs Complaint with New Matter and Counterclaim was forwarded to counsel on 2008 or the last known address of the other parties or their representatives. Kelly L. Bonanno, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 PPL Electric Utilities Corp. 2 N. 9th Street Allentown, PA 18101 MARSHALL, DENNEHEY, WARNER, COLEMANIL-GQGGIN -,-n BY: B N J. McNULTY, B rney for Defendant enkels & McCoy, W. C-; rea rn r _ :f co wo .i f James K. Thomas, II, Esquire Attorney I.D. No. 15613 (717) 255-7617 Scott D. McCarroll, Esquire Attorney I.D. No. 92985 (717) 237-7131 THOMAS, THOMAS & HAFER, LLP 305 North Front Street, 6`h Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant PPL Electric Utilities Corp. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC., Plaintiff VS HENKELS & MCCOY, INC., AND PPL ELECTRIC UTILITIES CORP., Defendants PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearances of James K. Thomas, II, Esquire, Scott D. McCarroll, Esquire and Thomas, Thomas & Hafer, LLP, as counsel for Defendant PPL Electric Utilities Corp. in the above-captioned matter. Respectfully submitted, THOMAS, T S & HAFER, LI.P By: James K. Thomas, II, Esquire Scott D. McCarroll, Esquire 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7100 Date: (Attorneys for Defendant PPL Electric Utilities Corp. A CERTIFICATE OF SERVICE I, Nora A. Starnes, a legal secretary with the law firm of Thomas, Thomas & Hafer, LLP, do hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appearance on the following person(s) by United States first class mail, postage prepaid, at Harrisburg, PA as follows: Kelly L. Bonanno, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff Brian J. McNulty, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Attorneys for Defendant Henkels & McCoy, Inc. Date: ?//© k Nora A. Starnes 623006.1 r? ?? - E.-7Y k '] :.. .,A !?? ?? f.,.Y ' _.? t'? ? `? 2"? , - CS7 ? C "+ ..i =.?; r ,. -w -` fr.;? ^?. James K. Thomas, II, Esquire Attomey I.D. No. 15613 (717) 255-7617 Scott D. McCarroll, Esquire Attomey I.D. No. 92985 (717) 237-7131 THOMAS, THOMAS & HAFEP, LLP 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant PPL Electric Utilities Corp. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC., Plaintiff VS HENKELS & MCCOY, INC., AND PPL ELECTRIC UTILITIES CORP., Defendants PRAECIPE TO DISCONTINUE Upon the consent of all parties, pursuant to the attached Stipulation for Discontinuance as to Defendant PPL Electric Utilities Corp., any and all actions that Plaintiff Erie Insurance Group, as subrogee of Mr. Sandman and/or Defendant Henkels & McCoy, Inc. have asserted.against Defendant PPL Electric Utilities Corp. as they relate to the above captioned matter are hereby discontinued with prejudice. Respectfully submitted, Tho s, homas and Hafer By: cott D. McCarroll, Esquire I.D. 92985 305 North Front Street Harrisburg, PA 17108 (717) 237-7100 (phone) smccarroll@tthlaw.com James K. Thomas, It, Esquire Attorney I.D. No. 15613 (717) 255-7617 Scott D. McCarroll, Esquire Attorney I.D. No. 92985 (717) 237-7131 THOMAS, THOMAS & HAFER, LLP 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant PPL Electric Utilities Corp. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC., : Plaintiff VS HENKELS & MCCOY, INC., AND PPL ELECTRIC UTILITIES CORP., Defendants STIPULATION FOR DISCONTINUANCE AS TO DEFENDANT PPL ELECTRIC UTILITIES CORP. AND NOW, Defendant PPL Electric Utilities Corp. (hereinafter "PPL"), Plaintiff Erie Insurance Group, as subrogee of Mr. Sandman, Inc. (hereinafter "Plaintiff'), and Defendant Henkels & McCoy, Inc. (hereinafter "Defendant"), hereby stipulate and agree, that any and all actions that Plaintiff and/or Defendant have assert against PPL as they relate to the above captioned matter are hereby discontinued with prejudice. For PPL Electric Utilities Corp.: By: ,$6- D. McCarroll, Esquire I.D. 92985 305 North Front Street Harrisburg, PA 17108 (717) 237-7100 (phone) smccarroll@tthlaw.com For Erie Insurance Group, as subrogee of Mr. Sandm , Inc.: By. Kelly L. on o, Esquire I.D. 20081 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 klb@jdsw.com <i For Henkels & By: Brian J. LD. Nor Maroall, Dennehey, Wa 62Q/Freedom Business C King of Prussia, PA 194 (610) 354-8250 (phone) bjmcnulty@mdwcg.com 622979.1 `,oleman & Goggin Suite 300 2 ,?? CERTIFICATE OF SERVICE I, Jeannie L. Kawalec, an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: Kelly L. Bonanno, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff Brian J. McNulty, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Attorneys for Defendant Henkels & McCoy, Inc. THOMAS, THOMAS & HAFER, LLP Dated: /0 ? 7 ve rift i CY) 26/1220354.v 1/30008.00511 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David F. White, Esquire Attorney ID #55738 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Telephone: 610-354-8262 Fax: 610-354-8299 Email: dfwhitenmdwc .com Attorney for Defendant, Henkels & McCoy, Inc. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. DEFENDANT, HENKELS & MCCOY, INC.'S MOTION FOR SANCTIONS AGAINST PLAINTIFF, ERIE INSURANCE GROUP, AS SUBROGEE OF MR. SANDMAN, INC AND NOW, comes Defendant, Henkels & McCoy, by their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin, and move this Court for sanctions against the Plaintiff upon the following facts: 1. The above-captioned action was commenced by Writ on February 1, 2008 filed by Plaintiff, Erie Insurance Group, as subrogee of Mr. Sandman, Inc. 2. On or about April 1, 2008, a Complaint was filed by Plaintiff, Erie Insurance Group, as subrogee of Mr. Sandman, Inc. alleging negligence against Defendant, Henkels & McCoy, Inc. 3. Pursuant to a Notice of Deposition, this office scheduled the deposition of Vincent Walters, Jr., the Mr. Sandman employee and driver of the truck allegedly involved in the incident which serves as the basis for Plaintiffs Complaint. 4. On August 1, 2008, this office received a telephone call from Plaintiffs attorney indicating that they would not be able to produce Mr. Walters for deposition and rescheduled this deposition for August 21, 2008. A true and correct copy of the August 4, 2008 correspondence to Kelly Bonanno, Esquire regarding this deposition is attached hereto as Exhibit "A". 5. On August 15, 2008, the undersigned counsel received a telephone call from Attorney Bonanno again canceling Mr. Walters' deposition. A true and correct copy of the August 18, 2008 letter to Kelly Bonanno, Esquire is attached hereto as Exhibit "B". 6. This office again scheduled the deposition of a corporate representative of Plaintiff, Mr. Sandman, Inc. to take place on November 5, 2008. However, on October 31, 2008, the undersigned counsel received a telephone call from Ms. Bonanno unilaterally adjourning this deposition. A true and correct copy of correspondence dated October 31, 2008 to Ms. Bonanno is attached hereto as Exhibit "C". 7. Despite defense counsel's best efforts, set forth in detail above, as date of the filing of this Motion for Sanctions this office has not been able to obtain the deposition of either the driver of the vehicle allegedly involved in this accident and/or a corporate representative of Plaintiff, Mr. Sandman, Inc. Accordingly, Defendant seeks an Order requiring the Plaintiff to produce a corporate representative of Mr. Sandman, Inc. for deposition or suffer sanctions. WHEREFORE, Defendant, Henkels & McCoy, Inc. respectfully requests the Court to order that the Plaintiff produce a corporate designee for deposition within thirty (30) days of the date of this Order or suffer such sanctions as the Court may deem just, including, but not limited to, judgment of non pros. DENNEHEY, WARNER, GOGGIN BY: XIA DAVID . TE, E? B J. McNULTY, Atto eys for Defendai He els & McCoy, Inn Date: ?- 1 VERIFICATION The undersigned hereby states that he is the attorney for the defendant in this action and verifies that the statements made in the foregoing Motion for Sanctions Against Plaintiff are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. EXHIBIT "A" A REGIONAL DEFENSE LITIGATION LAw FIRM 1Y1t11tJ11L'u.a?? ?J?+.l NEH r+Y? WraRNER? CoL mAiy C8 GoGGiN A P R O F E S S I O N A L C O R P O R A T I O N www.marshaffdcnnehey.com PsNlvsnvwNlw Betlilehem Doylestown Erie Harrisburg King of Prussia DRLwwwes OHIO ton OBI Akron 20 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 (610) 354-8250 • Fax (610) 354-8299 Philadelphia Pittsburgh Saanton NEW JERSEY PI.oiuDA Ft. Lauderdale Jacksonville Orhn Tampa ao Tampa Cherry Hill NEW YORK Roseland New York Direct Dial: 610-354-8271 Email: bjmcnulty@mdwcg.com August 4, 2008 Kelly L. Bonanno, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 `..' 1 RE: Erie Insurance Group, as subrogee of Mr. Sandman, Inc. v. Henkels & McCoy, Inc., et al Cumberland County CCP, No. 08-810 Our File No. 30008-00511 DFW Dear Ms. Bonanno: This letter will confirm your secretary's telephone call to my office on August 1, 2008, indicating that you would not be available for the deposition of Vincent Walters, Jr., the driver of the Mr. Sandman truck involved in the above-captioned incident, on August 5, 2008. Therefore, the deposition has been rescheduled to Thursday, August 21,2008 at 11 a.m. in our Harrisburg office. Enclosed herewith is an Amended Notice of Deposition for Mr. Walters. Our office will supply the court reporter. Very truly yours, BRIAN J. McNULTY BJM/ems Enclosure cc: PPL Electric Utilities Corp. (w/enc.) 26/1 1 6048 1.v1 EXHIBIT "B" A REGIONAL DEFENSE LITIGATION LAw FIRM MARSHALL, DENNEHEY, WARNER, COLEMAN 8 GOGGIN A P R O F E S S I O N A L C O R P O R A T I O N www.marshaUdennehey.com 620 Freedom Business Center, Suite 300 • King of Prussia, PA 19406 (610) 354-8250 - Fax (610) 354-8299 Direct Dial: 610-354-8271 Email: bjmcnulty@mdwcg.com August 18, 2008 Kelly L. Bonanno, Esquire, ` Johnson, Duffie, Stewart & Weidner } 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 PENNSYLVANIA DELAWARE Bethlehem Wilmington Doylestown Erie OHIO Harrisburg Akron King of Prussia Philadelphia FLORIDA Pittsburgh Ft. Lauderdale Swanton Jacksonville Williamsport Orlando Tampa NEwJERSar Cherry Hill NEWYORK Roseland New York RE: Erie Insurance Group, as subrogee of Mr. Sandman, Inc. v. Henkels & McCoy, Inc., et al Cumberland County CCP, No. 08-810 Our File No. 30008-00511 DFW Dear Ms. Bonanno: Please allow this letter to confirm our conversation on August 15, 2008 regarding the above-referred matter. You informed me that you have adjourned the deposition of the driver of the Mr. Sandman vehicle involved in the above-referred incident, which was previously scheduled for August 21, 2008. Further, you informed me that Mr. Walters is no longer an employee of Mr. Sandman, and you have been unable to contact him at his last known address. Further, you have indicated that you will attempt to locate Mr. Walters and produce him for deposition as soon as possible. Please contact me so that we may reschedule this deposition at the next possible date. Very truly yours, BRIAN J. McNULTY BJM/ems cc: PPL Electric Utilities Corp. 26/1167265.v1 EXHIBIT "C" A REGIONAL DEFENSE LITIGATION LAw FIRM HALT., DENNEHEY WARNER COLEMAN &6 GoGG PENNSYLVANIA Bethlehem DELAWARE Wilmin ton , , g Doylestown A P R O F E S S I O N A L C O R P O R A T I O N www.marshafldennehey.com Brie OHIO Harrisburg Akron King of prussic Philadelphia FLORIDA Pittsburgh Ft. Lauderdale 620 Freedom Business Center, Suite 300 - King of Prussia, PA 19406 Scranton Williamsport Jacksonville Tram a° (610) 354-8250 - Fax (610) 354-8299 NBwJBR P ID Cherry Hill N>iwYDRR Roseland New York Direct Dial: 610-354-8271 Email: bjmcnulty@mdwcg.com Kelly L. Bonanno, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 October 31, 2008 RE: Erie Insurance Group, as subrogee of Mr. Sandman, Inc. v. Henkels & McCoy, Inc., et al Cumberland County CCP, No. 08-810 Our File No. 30008-00511 DFW Dear Ms. Bonanno: Please allow this letter to confirm our conversation on October 31, 2008, in which you informed me that you were unaware of the Notice of Deposition of a corporate representative of your client, Mr. Sandman, to take place on November 5, 2008 and, therefore, you would not be producing your client on this date. Please kindly provide dates for which you are available to produce a corporate representative of Mr. Sandman, Inc. for deposition pursuant to this previously supplied Notice. Thank you for your attention in this matter. Very truly yours, BJM/ems BRIAN J. McNULTY 2611199925.vl 26/1220354.v 1 /30008.00511 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David F. White, Esquire Attorney ID #55738 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Telephone: 610-354-8262 Fax: 610-354-8299 Email: dfwhite mdwc? Attorney for Defendant, Henkels & McCoy, Inc. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. CERTIFICATE OF SERVICE The undersigned, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant, Henkels & McCoy, Inc.'s Motion for Sanctions Against Plaintiff, Erie Insurance Group, assubrogee of Mr. Sandman, Inc. was forwarded to counsel on 0= Ii , 200 or the last known address of the other parties or their representatives. Kelly L. Bonanno, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 BY: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN Y, c BRLA N J. McNULTY, Att ey for Defendant Henkels & McCo .l ter. 26/1232079.v1 /30008.00511 MARSHALL DENNEHEY, WARNER, COLEMAN & GOGGIN By: Brian J. McNulty, Esquire ID #210275 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Telephone: 610-354-8271 Fax: 610-354-8299 Email: bjmcnulty@mdwcg.com Attorney for Defendant, Henkels & McCoy, Inc. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. DEFENDANT, HENKELS & MCCOY, INC.'S AMENDED MOTION FOR SANCTIONS AGAINST PLAINTIFF, ERIE INSURANCE GROUP, AS SUBROGEE OF MR. SANDMAN, INC. AND NOW, comes Defendant, Henkels & McCoy, Inc., by and through their attorneys, Marshall, Dennehey, Warner, Coleman & Goggin and move this Court for sanctions against the Plaintiff and amend their previous Motion as follows: 1. Defendant, Henkels & McCoy, Inc. filed a Motion for Sanctions on December 17, 2008. 2. On December 23, 2008, this office received notice from the Office of the Court Administrator of Cumberland County indicating failure to comply with Cumberland County Local Rule 208.2(a)(2) and/or Rule 208.3(a)(9). Accordingly, Defendant, Henkels & McCoy, Inc. amends its Motion for Sanctions by this pleading. 3. No Judge has ruled upon any other issue in the same or related matter as of this date. 4. The undersigned counsel personally spoke with Kelly Bonanno, Esquire, counsel for Plaintiff, on August 15, 2008 regarding the scheduling of a corporate representative of Plaintiff, Mr. Sandman, Inc. Again on October 31, 2008, undersigned counsel personally spoke with Ms. Bonanno in a telephone conversation in which she unilaterally adjourned the requested deposition. 5. Accordingly, Defendant seeks an Order requiring the Plaintiff to produce a corporate representative of Mr. Sandman, Inc. for deposition or suffer sanctions. WHEREFORE, Defendant, Henkels & McCoy, Inc. respectfully requests this Honorable Court to order that the Plaintiff produce a corporate designee for deposition within thirty (30) days of the date of the Court's Order or suffer such sanctions as the Court may deem just, including, but not limited to judgment of non pros. MARSHALL, DENNEHEY, WARNER, COLWAN & GOGGIN BY: Atto ey for Defendant He is & McCoy, Inc. Date: a ?? VERIFICATION The undersigned hereby states that he is the attorney for the defendant in this action and verifies that the statements made in the foregoing Amended Motion for Sanctions Against Plaintiff are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to 26/ 1232079.v l /30008.00511 MARSHALL DENNEHEY, WARNER, COLEMAN & GOGGIN By: Brian J. McNulty, Esquire ID #210275 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 Telephone: 610-354-8271 Fax: 610-354-8299 Email: bimcnulty@mdwcg.com Attorney for Defendant, Henkels & McCoy, Inc. IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. CERTIFICATE OF SERVICE The undersigned, being duly sworn and according to law hereby certifies that a true and correct copy of Defendant, Henkels & McCoy, Inc.'s Amended Motion for Sanctions Against Plai tiff, Erie Insurance Group, as subrogee of Mr. Sandman, Inc. was forwarded to counsel on a , 2009 or the last known address of the other parties or their representatives. Kelly L. Bonanno, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: J. McNULTY,_ r for Defendant & McCoy, Inc. ,._ ?Y Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com ERIE INSURANCE GROUP, as subrogee of MR. SANDMAN, INC., Plaintiff V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-810 CIVIL TERM HENKELS & MCCOY, INC. and PPL ELECTRIC UTILITIES CORP., Defendants 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, Plaintiff hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with a copy of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoena, is attached to this Certificate; (3) No objection to the subpoena has been received; and (4) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: /;Jg / A /1/ j-,stZ Joh mo ky, Esquire Att ney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Date: //1/0 1 Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com ERIE INSURANCE GROUP, as subrogee of MR. SANDMAN, INC Plaintiff V. HENKELS & MCCOY, INC. and PPL ELECTRIC UTILITIES CORP., Defendants Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-810 CIVIL TERM NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Brian J. McNulty, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 PLEASE TAKE NOTICE that Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: J n . i osky, Esquire A orney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Date: IA11 ?1 D v COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ERIE INSURANCE GROUP, as subrogee of MR. SANDMAN, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-810 CIVIL TERM HENKELS & MCCOY, INC., and PPL ELECTRIC UTILITIES CORP., Defendants CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PPL Electric Utilities Corporation (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All Rules and Regulations of PPL Electric Utilities Corporation regarding safety of maintenance vehicles when working on the roadways including but not limited to setting up safety zones and traffic patterns, signage, warnings, positioning of bucket lifts, positioning of barriers. at Johnson. Duffie, Stewart & Weidner. 301 Market Street. P.O. Box 109, Lemoyne PA 17043. 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 1he`-rightto seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninosky, Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: ?-& othonota r c, CI I Division Deputy DATE: 2 J Seafvf the' Couit (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, on the day of .? cue Yy, -e r , 2008: Brian J. McNulty, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 JOHNSON, DUFFIE, STEWART & WEIDNER By: V"a ion A. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, on the ? day of '-3-an14 oAYi1 , 2009: Brian J. McNulty, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 JOHNSON, DUFFIE, STEWART & WEIDNER By: 42iit x AL Jo R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff `S J ` DEC $ 2 200 (, IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. AND NOW, this / "" Defendant, enkels & McCoy, Inc.'s Co x4aa m 3 0/' ORDER day of to /KUAd i n for S ctions, it is L Cwmj v , 20Ll , upon consideration of as IonoWs: \27 ("? 1 D !''? •r lnn?tnrl .mot d7f1(1 r',-?,?v,a Ad:ll ^ '? D V - - ---- '+ A t °? f b? r A-- ;-&m -? B E COURT: Ft. . A) ox de? @ 930 A.m. At& Q'? Vowv j ? 41 ttf • p 'T171.1 $M.4 SItj T -bQj-eilI VINVAIASNMd 0 £ --8 Nn Z I NVr' 60OZ 11*1zwwHl :10 ERIE INSURANCE GROUP, as subrogee of . MR. SANDMAN, INC., Plaintiff V. HENKELS & McCOY, INC., and PPL ELECTRIC UTILITIES CORP., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-810 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of February, 2009, it is ordered and directed that this matter be submitted to inter-company arbitration within 30 days of today's date. By the Court, Edward E. Guido, J. ZJohn R. NinoskY, Esquire ?F r the Plaintiff Brian J. McNulty, Esquire For the Defendant Henkels & McCoy, Inc. srs 01 ?a?Oq All :iElill Z-- 23.E6001 Johnson, Duffie, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 Attorneys for Plaintiff Andrew P. Dollman, Esquire I. D. No. 209466 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jm@jdsw.com ERIE INSURANCE GROUP, as IN THE COURT OF COMMON PLEAS OF subrogee of MR. SANDMAN, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2008-810 CIVIL TERM V. HENKELS & MCCOY, INC. and PPL ELECTRIC UTILITIES CORP., Defendants PLAINTIFF'S REPLY TO DEFENDANTS' REQUEST FOR ADMISSIONS AND NOW, comes the Plaintiff, Erie Insurance Group, as subrogee of Mr. Sandman, Inc., by and through its attorneys, Johnson, Duffie, Stewart & Weidner, and submits its reply, stating the following: 1. Denied. Vincent Waters, Jr. was the driver of Plaintiff's van involving an accident on February 12, 2007. 2. Denied. Vincent Waters, Jr. is no longer employed by Plaintiff, Mr. Sandman. 3. Denied. By way of further response, Mr. Waters recently contacted Plaintiff, Mr. Sandman. Mr. Waters' current address is 466 Cumberland Court, Harrisburg, Pennsylvania 17102. 4. It is admitted that Vincent Waters, Jr., Paul Grajeda and John A. Krally, Il, were witnesses to this incident. As to the balance of the request, after reasonable inquiry, the information known or readily obtainable to Plaintiff is not sufficient to enable Plaintiff to form a belief as this request. 5. Admitted. 6. It is admitted only that orange cones with reflector tape were located behind the Henkels & McCoy truck. It is denied that said cones provided sufficient guidance for vehicles traveling around the truck and its bucket to reasonably avoid collision with the bucket portion of the truck. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. To the contrary. It is believed that the Henkels & McCoy, Inc. truck displayed no four-way flashers and/or hazard lights. 11. Admitted. 12. Denied. This accident occurred when the bucket from the Henkels & McCoy, Inc. truck made contact with the Mr. Sandman vehicle. At no time did the Mr. Sandman truck make contact with the rear of the Henkels & McCoy, Inc. vehicle. 13, Denied. After a reasonable inquiry, the information known or readily obtainable to Plaintiff is not sufficient to enable Plaintiff to form a belief as to this request. 14. Denied. The obstruction to the left-hand side of the Henkels & McCoy, Inc. truck was the bucket that sits on top of said truck. 15. Admitted. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER B' ohn R. Ninosky, Esq re Attorney I.D. No. 78000 Jeffrey B. Rettig, Esquire Attorney I.D. No. 209466 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff 366951 VERIFICATION The undersigned, the attorney of record for the pleading party herein, states that the facts set forth in the foregoing Plaintiffs Reply to Defendant's Request for Admissions are true and correct to the best of his knowledge, information, and belief, upon information supplied to him. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. Dated: 019 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing Plaintiff's Reply to Defendant's Request for Admissions upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, on the Z (Oday of May, 2009: Brian J. McNulty, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 620 Freedom Business Center, Suite 300 King of Prussia, PA 19406 JOHNS UFFIE, ST ART & WEIDNER By: d P. oilman FL 22,01,9 r IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brian J. McNulty, Esquire, counsel for the defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $13,660.15. The counterclaim of the defendant in the action is $7,455.80. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Andrew P. Dollman, Esquire Johnson Duffie Stewart & Weidner. 301 Market Street P O Box 109 Lemoyne, PA 17043-0109 (attorney for plaintiff) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. le - AND NOW, petition, and prayed for. ORDER OF COURT , 2009, in consideration of the foregoing Esq., and , Esq., Esq. are appointed arbitrators in the above captioned action as By the Court, Edgar B. Bayley 26/1347549.v 1 /30008.00511 + 7 , elay.oo CK-4d 87s? ?,?- eZ2ga33 IN THE COURT OF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW ERIE INSURANCE GROUP, as subrogee of NO. 08-810 MR. SANDMAN, INC. VS HENKELS & MCCOY, INC. RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brian J. McNulty, Esquire, counsel for the defendant in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $13.660.15. The counterclaim of the defendant in the action is $7,455.80. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Andrew P. Dollman E wire Johnson Duffle Stewart & Weidner, 301 Market Street P. O. Box 109 Lemo a PA 17043-0109 attorne for laintif . WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT OW, / , 2009 in consider ion of the or going petition, , Esq., and Esq., and q. are appoint tors in the above captioned action as praye r. Byt o Edgar B. Bayley 2611347549.v1/30008.00511 Pit ED-r, 2009 AUS 13 Ail ? S; 1 2089 AUG I 0 0 [{(^'?,a P' f r/L? d J 14?k.?i i»?L? ??i 'a-all y a-42-90 3,3 J. ?`'. AadOwo P- Erie Insurance Group, as subrogee of Mr. Sandman, Inc., In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 08 - 810 Henkels & McCoy, Inc. Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitu i n of the United States and the Constitution of this Commonwealth and that we will discharge the dtrf` s of o 1 with fidelity. 14 Sig'natuO *Siture gnature George B. Faller, Jr., Esq. -Jason P. Kutulakis, Esquire John B. Lampi, Esquire Name (Chairman) Name Name Martson Law Offices Law Firm 10 East High Street Address Carlisle, PA 17013 City, Zip Abom & Kutulakis Law Firm 2 West High Street Address Carlisle, PA ,17013 City, Zip Saidis, Flower & Lindsay Law Firm 26 West High Street Address Carlisle, PA 17013 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If daViage?or ? delay ark awafde2661140 eyshall be separately lost At., -?, ?O,,Q//QM 04 rm o t x-41') it T24- C (A . Arbitrator, dissents. Date of Hearing: 10 biLm Date of Award: 101157/()l ;Insert name if applicable.) (Chairman) Notice of Entry df Award Now, the 104-kday of "L vj? , 20(f_, at .--q, 1.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ jseo_ CUQ By: Prothonotary Deputy ry'" 't•1 11" -i 1? 1 ZC9 CCT 19 X11 33 V1W C 1?? ? t ?, -? F'?+ r r R?-? K . ?o??wd r