The URL can be used to link to this page

Home My WebLink About04-0635IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Motorists Mutual Insurance Company, as subrogee of Mary E. Dudzinski, 471 East Broad Street Columbus, Ohio 43215, Plaintiff, V. New Generation Building Company, Inc. One South Market Square, 12"' Floor Harrisburg, Pennsylvania 17101 and H. Craig Gale, Individually and d/b/a New Generation Building, 161 Whitman Avenue West Hartford, Connecticut 06107, Defendants. CIVIL ACTION NO.: PRAECIPE FOR WRITS OF SUMMONS TO THE PROTHONOTARY: KINDLY issue Summonses in Civil Action in the above case. COZEN O'CONNOR JO A HAN D. HURL, 4003 1 00 ark't Street lphia, PA 19103 5-66 5-5518; Fax: 215-701-2 tejl ornev for Plaintiff ?/_ >o j ? ?? C' o ca O ? ?_ ^"r (? ? ??? ? _? T .?,i r ? ?..( ?-'" ? ?? ? ? ?? _ , y :T) C /? ?? - c? ? r -, l .. y w ?. il ?. :' C ?T. _ ? ? L'1 ? -G Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS MOTORISTS MUTUAL INSURANCE CO., INC. AS SUBROGEE OF MARY E. DUDZINSKI Court of Common Pleas Plaintiff Vs. No. 04-635 In CivilAction-Law NEW GENERATION BUILDING CO., INC. ONE S. MARKET SQ., 12TH FLOOR HARRISBURG PA 17101 H. CRAIG GALE, Individually and d/b/a NEW GENERATION BUILDING 161 WHITMAN AVENUE WEST HARTFORD CT 06107 Defendant To NEW GENERATION BUILDING CO., INC.,AND H. CRAIG GALE, i/a/d/b/a NEW GENERATION BUILDING: You are hereby notified that MOTORISTS MUTUAL INSURANCE CO., INC. the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary t Date FEBRUARY 13, 2004 BY I J Cam{ i Deputy Attorney: Name: JONATHAN D. HURWITZ, ESQ. Address: 1900 MARKET ST. PHILADELPHIA PA 19103 Attorney for: Plaintiff Telephone: (215) 665-5518 Supreme Court ID No. 84003 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00635 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOTORISTS MUTUAL INSURANCE CO VS NEW GENERATION BUILDING CO INC 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 NEW GENERATION BUILDING COMPANY INC but was unable to locate Them deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS in his bailiwick to wit: He therefore County, Pennsylvania, to On March 5th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 25.50 .00 62.50 03/05/2004 COZEN OCONNOR So answe --D R.'Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this qt' day of )a,,,r. ?y. A. D. Prothonot'ar SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2004-00635 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MOTORISTS MUTUAL INSURANCE CO VS. NEW GENERATION BUILDING CO INC R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT GALE H CRAIG by United States Certified Mail postage prepaid, on the 18th day of February 2004 at 0000:00 HOURS, at 161 WHITMAN AVENUE WEST HARTFORD, CT 06107 a true and attested copy of the attached WRIT OF SUMMONS with receipt card was signed by SIGNATURE ILLEGIBLE 03/02/2004 . Additional Comments: Sheriff's Costs: Docketing 6.00 Service 4.42 Affidavit .00 Surcharge 10.00 .00 20.42 Paid by COZEN OCONNOR Sworn e?nnd subscribed to before me this YI day of ?2ucti? -2-V A. D. n ?n C(o. (?c?J/u r thonotary Together The returned on So answe ? --?` -/ R. Thomas Kline Sheriff of Cumberland County on 03/05/2004 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2004-00635 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MOTORISTS MUTUAL INSURANCE CO VS. NEW GENERATION BUILDING CO INC R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT GALE H CRAIG D/B/A NEW , GENERATION BUILDING by United States Certified Mail postage prepaid, on the 18th day of February 2004 at 0000:00 HOURS, at 161 WHITMAN AVENUE WEST HARTFORD, CT 06107 and attested copy of the attached WRIT OF SUMMONS with receipt card was signed by SIGNATURE ILLEGIBLE 03/02/2004 . Additional Comments: Sheriff's Costs: Docketing 6.00 Service 4.42 Affidavit .00 Surcharge 10.00 .00 20.42 Paid by COZEN OCONNOR Sworn W subscribed to before me this ¢ day of 7yta«?? atp4 A.D. ?n ,- /I?LtYYit. ,V rothonotary a true Together The returned on So ansyr*rsy 7- R. T?a Kline Sheriff of Cumberland County on 03/05/2004 In The Court of Common Pleas of Cumberland County, Pennsylvania motorists mutual Insurance Cc Inc VS. New Generation Building Cc Inc SERVE: same No, 04-635 civil Now, February 18, 2004 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to , 20_, at o'clock M. served the copy of the original the contents thereof: So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20^ COSTS SERVICE $ MILEAGE AFFIDAVIT (pifire of * o*hextff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania MOTORISTS MUTUAL INSURANCE CO INC vs County of Dauphin NEW GENERATION BUILDING CO INC Sheriff's Return No. 1376-T - - -2004 OTHER COUNTY NO. 04-635 AND NOW:March 1, 2004 SUMMONS NEW GENERATION BUILDING CO INC at 9:10AM served the within upon by personally handing to LAWRENCE ABRAMS, ESQ. FOR DEFENDANT 1 true attested copy(ies) of the original SUMMONS and making known to him/her the contents thereof at ONE SOUTH MARKET SQ 12TH FLOOR HBG, PA 17101-0000 Sworn and subscribed to before me this 2ND da? f MARCH, 2004 ??-- kf PROTHONOTARY So Answers, xr?? Sher' f of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $25.50 PD 02/25/2004 RCPT NO 189151 TF N ??z x f 3 ~ yy ?_.o o o o w rt o m ? m r, 3 3 C3 v N. a a a J F C w tD > C3 ru , Lo =p f'11 o n N j m N m y ?. ' 3 E t ru rr d i a d 3 oN ° r o H. C5 m ° mo»mmw o'ma. d l ? ((]] ' O, mm?d pN O ^ HC O\' m m?'a CL O C tD ? ( ] y •r N `2 W N 1J 3 - ? {? y? Q O y D 5 J O O N S Oa V LO m H O 3F: 099 0 m' n 3 I rr+ IL d c7 LL ;. `, . o6 O Z X ?1 d . ? ?'pa ? a ! ? 71 z + F ?- w 10 C 0 N T 3 W W ? O D M = ru ni N r O 0 0 O O o 0. 3 Ln N C3 r a m o- m m w N O 0 m w n n Yu Y' 0 r N CG O? .? .1 O O V O O m 0 0 S» 3 3 u a 3» O Oi a ?, F 7!7 h Y. 1?. y o y co m m M =a°3 9 o w a 0 d?, ¦ v °d ` Dyma<d " O a w H D 4 0 =-o uF it m N O N O Z O 3 0 m o v y_F3o3? Q D ? m m A N (p N ? A W m ? ? .?+ J J.1 0n 2_ A = N ?? 0 w o- ? ; d n m a - w o mm y ? ? N p? Z X 0 aE ii a°7R c_ v a N v c m vi N b m N E m C O U K C w o. ? y J co F a) o 0 a a m W ? C (n D W ? F Z ti z w UJ w 0 fX W W VJ Q 7 ? CT M zcn? ? o O o? ?- O O S Z Q LU c Ln m U W 7 Z S C U O.1 i ;l T N T O 9 m o `? Z S• i ?'ya E Ora ?a ?' -a N! rn a `ym S u - - a J ? 4Q ? 0 a a F C o W F- 2 ti w Q 4 O Co L0 2 CA4 T C') Q 2 Q M p W O C, 4 CD Q ~ -J Cc ?l J m ? C] v U O v Ci N O COZEN AND O'CONNOR By: Jonathan D. Hurwitz, Esquire ATTORNEY I. D. # 84003 1900 Market Street, The Atrium Philadelphia, PA 19103 (215) 665-5518 Motorists Mutual Insurance Company Plaintiff vs. New Generation Building Company, Inc.: and H. Craig Gale, Individually and d/b/a New Generation Building Defendants Counsel for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action No. 04-635 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 certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identic 4o the subpoena which is attached to the notice of intent to serve the s?)Doena. I t, Date: ell BY: JON HAN D. AT'VORNEYS FOR PLAINTIFF 2 COZEN AND O'CONNOR By: Jonathan D. Hurwitz, Esquire ATTORNEY I.D. # 84003 1900 Market Street, The Atrium Philadelphia, PA 19103 (215) 665-5518 Motorists Mutual Insurance Company Plaintiff vs. New Generation Building Company, Inc.: and H. Craig Gale, Individually and d/b/a New Generation Building Defendants Counsel for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action No. 04-635 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Date: % l 11 ? 0 4 BY: D. H ATTORNEYS FOR PLAINTIFF COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Motorists Mutual Insurance Company VS. New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a Civil Action New Generation Building File No. 04-635 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records TO: _ TrooD H_ PPnnc,A,,-4- „- --- (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Jonathan D. Hurwitz, Esquire Address: Cozen O'Connor r et treet Philadelphia, PA 19103 Telephone: 215-665-5518 Supreme Court ID # 84003 Attorney For: Plaintiff Date: BY THE COURT: Prothonotary/Clerk, Civil ision /.7 n C- of the Court ----------` Deputy (Eff. 7/97) C ;- r? nl w -c? X ' t C.0 Q? N COZEN AND O'CONNOR By: Jonathan D. Hurwitz, Esquire ATTORNEY I.D. # 84003 1900 Market Street, The Atrium Philadelphia, PA 19103 (215) 665-5518 Motorists Mutual Insurance Company VS. Plaintiff New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building Defendants. Counsel for Plaintiff COURT OF: COMMON PLEAS CUMBERLAND COUNTY Civil Action No. 04-635 CERTIFICATE PREREQUISITE PURSUANT TO RULE 0091.gPOENA 22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena aached days prior to thereto the date on mailed which heI subpoena is sought to least be served. (2) a copy of the notice of intent, attached to this certificate, (3) no objection to the subpoena including the proposed subpoena, is 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 theAutuooena. Date: I'la BY. JONA HAN D. HU S UI ATTC#NEYS FOR (PLAINTIFF COZEN AND O'CONNOR By: Jonathan D. Hurwitz, Esquire ATTORNEY I.D. # 84003 1900 Market Street, The Atrium Philadelphia, PA 19103 (215) 665-5518 Motorists Mutual Insurance Company vs. Plaintiff Counsel for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action No. 04-635 New Generation Building Company, Inc.: and H. Craig Gale, Individually and d/b/a New Generation Building Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 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. Date: % 11% 1 0 4 E COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Motorists Mutual Insurance Company VS. Civil Action New Generation Building Company, Inc. File No. 04-635 and H. Craig Gale, Ind. and d/b/a New Generation Building SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Custodian of Records TO: Fast Pennshnrn Tncm ?i,; - D-,,'-- (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: and Hill, PA 17001 on February 16, 2002 Joe Landis. at Cozen O'Connor, 1900 Market (Address) PA 19103, Attn Road Jonathan D. Hurwitz, You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Jonathan D. Hurwitz, Esquire Address: Cozen O'Connor 1900 Market Street, Philadelphia, PA 19103 Telephone: 215-665-5518 Supreme Court ID # 84003 Attorney For: Plaintiff By THE COURT: - /J Prothonotary/Clerk, iv' ivision Date: eal of th Court Deputy ve to the fire at (Eff. 7/97) ?? r ? O = i_ -t _ C11 - _ Jn T7 ? t _a ?n ":?ny `? w ?-?C ? `• _' ?`:?rn .rte"' _ .. ? ?v - ? cn =< MARY A. MACDONALD, PLAINTIFF V JEFFREY W. MACDONALD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04 - 1035 CIVIL TERM DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. BY: qEYRtT W. MACD NALD Verification I verify that the statements made in this Affidavit of Consent 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 unworn falsification to authorities. Date 9131I°L? STATE OF IJew Y#('k- COUNTY OFQt30n A, W BY: , M41.A&l J RE W. MACDONALD ofty o? ss 0119AGOOM onma in OOnrnbdoe &WNW ?in 10L 10-6.7 On this, the 31 day of q 2004, before me, a Notary Public, the undersigned officer, personally appeared JEFFREY W. ACDONALD (known to me or satisfactorily proven) to be the persons whose names are subscribed to the within document and acknowledged that they executed the same for the purposes erein contained. IN WITNESS WHEREOF, 1 hereunto set my hand and official seal Notary Public BY: &W4 -Z My Commission Expire . vna , r x a67 n N o p ? T C s ro ?m 001OitA9.4 icew tltdr ww4 to stst8 ,oNdu9 vwA orsm,owro cm sCwbr'onO M baftiuO . Qs jot snot. Wiua noi"kwnce MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff vs. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-635 Civil PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendants, NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually, incorrectly designated as H. CRAIG GALE, Individually and d/b/a New Generation Building, in the above case and designate 540 Court Street, P.O. Box 542, Reading, Pennsylvania 19603 as the place where papers, process and notices may be served. By: Dated: April 28, 2005 FORRY, ULLMAN, ULLMAN & FORRY, P.C. ?? ?Ti C- cs' " .t ?.. S: T?. ?Tl~'. . "?" nor":. tS`(' - - ylit'. y ti --? C1 L ( W ' .. ?. ?? l'; v'l , MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff vs. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-635 Civil PRAECIPE FOR RULE TO FILE COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter a Rule on the Plaintiff to file a Complaint within twenty (20) days from service of said Rule or suffer a judgment of non-pros. By: FORRY, ULLMAN, ULLMAN & FORRY, P.C. Attorney . . No. 36003 540 Court Street P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendants ,,(( RULE AND NOW, this "zlay of2005, a Rule is entered on the Plaintiff file a Complaint within twenty (20) days from the service of this Rule or suffer a judgment of PROTHONOTARY s/3/os C) ? CJ - c? ", 'ii - a -r; :-.: ?-n ?: t _n rn ; < ?' W 3 r' ? '_, i -i c.> if _ „ c?% COZEN AND O'CONNOR By: Jonathan D. Hurwitz, Esquire Attorney I.D. # 84003 1900 Market Street, The Atrium Philadelphia, PA 19103 (215) 665-5518 Motorists Mutual Insurance Company, a/s/o Mary E. Dudzinski, Counsel for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. Civil Action No. 04-635 New Generation Building Co., Inc. and JURY TRIAL DEMANDED H. Craig Gale, Individually and d/b/a New Generation Building, Defendants. COMPLAINT NOW COMES Plaintiff, Motorists Mutual Insurance Company, as subrogee of Mary E. Dudzinski, by and through its attorneys, Cozen O'Connor, and for its Complaint against Defendants, New Generation Building Co., Inc., andl H. Craig Gale, individually and d/b/a New Generation Building, states as follows: THE PARTIES 1. Plaintiff, Motorists Mutual Insurance Company, is an Ohio corporation doing business in the State of Ohio, with a principal place of business located at 471 East Broad Street, Columbus, Ohio, and at all times material hereto was engaged in business as an insurer. 2. Plaintiff's insured, Mary E. Dudzinski ("Ms. Dudzinski"), is an adult individual and resident of the State of New York, with a place of residence located at 9 Cedar Hill Lane, Pound Ridge, New York. 3. Defendant, New Generation Building Co., Inc., is a Pennsylvania corporation doing business in the Commonwealth of Pennsylvania, with a principal place of business listed with the Pennsylvania Department of State as One South Market Square, 12th Floor, Harrisburg, Pennsylvania, and at all times material hereto was engaged in the business of performing construction contracting work. 4. Defendant, H. Craig Gale, individually and d/b/a New Generation Building, operated a business organized and existing under the laws of the Commonwealth of Pennsylvania, currently resides at 161 Whitman Avenue, West Hartford, Connecticut, and at all times material hereto was engaged in the business of performing construction contracting work. FACTUAL ALLEGATIONS 5. At all times material hereto, Ms. Dudzinski was the owner and occupant of a residence located at 409 Erford Road, Camp Hill, Pennsylvania ("the subject residence") 6. At all times relevant hereto, Plaintiff supplied a policy of insurance to Ms. Dudzinski, policy number 7676-71-751242-50, effective at the time of this loss, with respect to Ms. Dudzinski's real and personal property located at the subject residence. 7. In or about July 2000, Defendants installed a new kitchen at the subject residence ("the subject work"). 2 S. The subject work was performed in accordance with an agreement to which Ms. Dudzinski was a party or was a third-party beneficiary. (Plaintiff is not in possession of this agreement and has not been able to obtain a copy from its insured.) 9. On or about February 16, 2002, a fire occurred at the subject residence. 10. The fire was caused by defective electrical work that was performed in the kitchen of the subject residence by Defendants in or about,July 2000. 11. The fire caused substantial damage and destruction to the real and personal property of Ms. Dudzinski. 12. Pursuant to the terms of the above-referenced insurance policy with Ms. Dudzinski, Plaintiff made payments to Ms. Dudzinski in the amount of Eighty-Eight Thousand, Six Hundred Ninety-Seven Dollars and Eighty-Seven Cents ($88,697.87) for the aforesaid damage and destruction of her real and personal property, as well as for additional living expenses that she incurred as a result of the fire. 13. In accordance with the common law principal; of legal and equitable subrogation, Plaintiff is subrogated to the rights of its insured, Mary E. Dudzinski, with respect to the damages compensable under the policy. COUNT I : NEGLIGENCE 14. Plaintiff incorporates the allegations of the preceding paragraphs as though they were fully set forth at length herein. 15. The aforementioned fire and the resulting darnage to Ms. Dudzinski's real and personal property were directly and proximately caused by the negligence of 3 Defendants, their agents, servants, and/or employees acting within the course and scope of their employment or agency, in: (a) failing to properly, adequately, and safely perform the subject work; (b) performing the subject work in a defective manner which Defendants knew or should have known subjected Ms. Dudzinski to an unreasonable risk of harm; (c) failing to properly, adequately, and safely inspect and/or test the subject work; (d) failing to perform the subject work in accordance with all applicable codes, laws, standards, rules, and regulations, including but not limited to state and local building codes and the National Electrical Code; (e) failing to properly hire, train, and/or supervise their agents, servants, contractors, and/or employees; (f) failing to warn Ms. Dudzinski of the substantial risk of fire presented by subject work; (g) permitting a dangerous or hazardous condition to exist even though they knew or should have known that the dangerous condition existed and created a serious risk of harm; (h) failing to take actions and precautions which would have prevented the damage to Ms. Dudzinski's property as described above; and, (i) otherwise failing to use due care under the circumstances. 4 16. Defendants failed to exercise ordinary care in performing the subject work, thereby breaching their duty owed to Ms. Dudzinski. WHEREFORE, Plaintiff, Motorists Mutual Insurance Company, demands judgment in its favor and against Defendants, New Generation Building Co., Inc., and H. Craig Gale, individually and d/b/a New Generation Building, in the amount of Eighty- Eight Thousand, Six Hundred Ninety-Seven Dollars and Eighty-Seven Cents ($88,697.87), together with interest and costs of this action. COUNT III: BREACH OF WARRANTIES 17. Plaintiff incorporates the allegations of the preceding paragraphs as though they were fully set forth at length herein. 18. In contracting to perform the subject work, Defendants expressly and/or impliedly warranted that they would perform the work in a good and workmanlike manner and in accordance with industry standards. 19. By negligently performing the subject work as set forth above, Defendants breached their express and/or implied warranties. 20. As a direct and proximate result of the aforesaid breaches of warranties, the fire referred to above occurred and resulted in substantial damage and destruction to Ms. Dudzinski's real and personal property, for which Defendants are legally liable. 21. Upon discovery of the aforesaid breaches of warranties and the damages suffered by Ms. Dudzinski as a direct and proximate result thereof, Plaintiff gave prompt and reasonable notice to Defendants, but Defendants failed and refused to reimburse Plaintiff for the aforementioned damage. 5 WHEREFORE, Plaintiff, Motorists Mutual Insurance Company, demands judgment in its favor and against Defendants, New Generation Building Co., Inc., and H. Craig Gale, individually and d/b/a New Generation Building., in the amount of Eighty- Eight Thousand, Six Hundred Ninety-Seven Dollars and Eighty-Seven Cents ($88,697.87), together with interest and costs of this action. COUNT III: BREACH OF CONTRACT 22. Plaintiff incorporates the allegations of the preceding paragraphs as though they were fully set forth at length herein. 23. Upon information and belief, Defendants performed the subject work pursuant to a contract to which Ms. Dudzinski was a party or was a third-party beneficiary. 24. By negligently performing the Subject Work as described above, Defendants breached the aforementioned contract. 25. As a direct and proximate result of the aforesaid breach of contract, the fire referred to above occurred and resulted in substantial damage and destruction to Ms. Dudzinski's real and personal property, for which Defendants are legally liable. WHEREFORE, Plaintiff, Motorists Mutual Insurance Company, demands judgment in its favor and against Defendants, New Generation Building Co., Inc., and H. Craig Gale, individually and d/b/a New Generation Building, in the amount of Eighty- Eight Thousand, Six Hundred Ninety-Seven Dollars and Eighty-Seven Cents ($88,697.87), together with interest and costs of this action. 6 JURY DEMAND NOW COMES Plaintiff, Motorists Mutual Insurance Company, as subrogee of Mary E. Dudzinski, by and through its attorneys, Cozen O'Connor, and hereby demands a trial by jury in the above-captioned matter. Ily JO ATHAN DVFfURWITZ C EN O'CONNOR 1 0 Market Street iladelphia, PA 19103 (215) 665-5518 (215) 701-2218 (facsimile) jhurwitz@cozen.com Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jonathan D. Hurwitz, hereby certify that I sent a true and correct copy of the Complaint in the above-captioned matter on June 20, 2005, by U.S. Mail postage prepaid to counsel of record, addressed as follows: James R. Forry, Esq. Forry, Ullman, Ullman, & Forry, P.C. 540 Court St. P.O. Box 542 Readinq, RA 19603 7 VERIFICATION I, Jonathan Hurwitz, aver that the factual averments contained in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief; and that the statements in said Complaint are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. ra C7 0 ? h T c?? - C_ ?_- ('ilk -r. 1'I': N ':?.^ W is r. ) r __i =.' -^ 7 ? ) :=_ .i.J y: 1 S? J rti -a ? < ? MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff VS. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-635 Civil DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT NOTICE TO PLEAD You are hereby notified to plead to the within New Matter within twenty (20) days from the date of service hereof or a default judgment maybe entered against you. ANSWER Defendants, New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building, (hereinafter "Defendants") by and through their attorneys, Forry, Ullman, Ullman & Forry, P.C., answers the correspondingly numbered paragraphs of Plaintiffs Complaint as follows: THE PARTIES 1. Admitted on information and belief. 2. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 2, and strict proof of same is demanded. 3. Admitted. 4. Denied as stated. To the contrary, at all times material hereto, at no time did H. Craig Gale operate, individually or do business as New Generation Building. All work performed was done by New Generation Building Co., Inc., only. FACTUAL ALLEGATIONS 5-6. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 5 and 6, and strict proof of same is demanded. 7. Denied as stated. To the contrary, the installation of any kitchen work was performed by New Generation Building Co., Inc., only. 8. Denied. The allegations in paragraph 8 of Plaintiffs Complaint refer to an agreement, which is a document in writing that speaks for itself and, accordingly, no answer is required. By -.,ay of further answer, any work performed by Defendants was performed in a good and workmanlike manner. 9. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 9, and strict proof of same is demanded. 10. Denied. The averments contained in paragraph 10 constitute conclusions of law to which no resp-nsive pleading is required. By way of further answer, after reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphl0, and proof of the same is demanded at the time of trial. In further answer, any work performed by Defendants in the kitchen of the subject residence was done in a good and workmanlike manner at all times material hereto. ,? r 11-12. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraphs 11 and 12, anA strict proof of same is demanded. 13. Denied. The averments contained in paragraph 13 constitute conclusions of law to which no responsive pleading is required. COUNT I : NEGLIGENCE 14. The answers to paragraphs 1 through 13, above, are incorporated herein by reference as though set forth in full. 15(a-i). Denied. The averments contained in paragraph 15, subparagraphs (a) through (i), inclusive, constitute conclusions of law to which no responsive pleading is required. By way of further answer, at all times material to Plaintiffs Complaint, the work performed by Defendants was done in a proper and workmanlike manner. 16. Denied. The averments contained in paragraph 16 constitute conclusions of law to which no responsive pleading is required. By way of further answer, at all times material to Plaintiffs Complaint, the work performed by Defendants was done in a proper and workmanlike manner. WHEREFORE, Defendants aver that they are not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against them be dismissed and that they may be awarded costs of defense, including attorney's fees, and that they may have such other and further relief as maybe just and appropriate. COUNT II : BREACH OF WARRANTIES 17. The answers to paragraphs 1 through 16, above, are incorporated herein by reference as though set forth in full. 18-20. Denied. The averments contained in paragraph 18 through 20, inclusive, constitute conclusions of law to which no responsive pleading is required. By way of firrther answer, at all times material hereto, Defendants performed the work in a proper and workmanlike manner. 21. Denied. The averments contained in paragraph 21 constitute conclusions of law to which no responsive pleading is required. By way of further answer, at all times material hereto, Defendants performed the work in a proper and workmanlike manner. In further answer, Defendants have not paid Plaintiff for the alleged damage for the reason that Plaintiff has no evidence that the fire was in any way caused by the conduct of Defendants. WHEREFORE, Defendants aver that they are not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against them be dismissed and that they may be awarded costs of defense, including attorney's fees, and that they may have such other and further relief as may be just and appropriate. COUNT III : BREACH OF CONTRACT 22. The answers to paragraphs 1 through 21, above, are incorporated herein by reference as though set a:,rth in full. 23. Denied. Plaintiffs allegations in paragraph 23 refer to a contract, which is a document in writing that speaks for itself and, accordingly, no answer is required. By way of further answer, the averments contained in paragraph 23 constitute conclusions of law to which no responsive pleading is required. In further answer, there is no privity of contract between Plaintiff and Defendants. 24. ^benied. The averments contained in paragraph 24 constitute conclusions of law to which no responsive pleading is required. By way of further answer, at all times material hereto, Defendants performed the subject work in a proper and workmanlike manner. 25. Denied. The averments contained in paragraph 25 constitute conclusions of law to which no responsive pleading is required. By way of further answer, after reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments contained in paragraph 25, and strict proof of same is demanded. WHEREFORE, Defendants aver that they are not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against them be dismissed and that they may be awarded costs of defense, including attorneys fees, and that they may have such other and further relief as may be just and appropriate. NEW MATTER 26. Defendants incorporate by reference the averments of paragraphs 1 through 25, inclusive, of their Answer above as fully as though the same were set forth at length. 27. Plaintiff has failed to state a claim upon which relief can be granted against Defendants. 28. Plaintiffs claims may be barred or limited by any of the following: the doctrines of accord and satisfaction, consent, estoppel, failure of consideration, justification, laches, payment, release, statute of limitations, truth and waiver. 29. Plaintiffs damages and loss, if any there be, are the result of actions or inactions of those other than Answering Defendant and any person or entity over which Defendants had no right of control or actual control. 30. Plaintiffs' claims are barred, reduced or limited by principles of contributory negligence anJ.'or comparative negligence. 31. Defendants had no privity of contract with Plaintiff, therefore, Plaintiffs claims are barred. 32. There is no justiciable controversy between Plaintiff and Defendants. 33. Defendants have no knowledge or means of ascertaining the truth or falsity of the allegations contained in Plaintiffs Complaint relative to any representations that were allegedly made or not made between parties other than Defendants and the same are accordingly denied. Proof of the same is demanded at the time of trial. WHEREFORE, Defendants aver that they are not liable to the Plaintiff in any amount whatsoever and prays that the Complaint against them be dismissed and that they may be awarded costs of defense, including attorney's fees, and that they may have, such other and further relief as may be just and appropriate. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: A ey I. . No. 36003 540 Co treet P.O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendants VERIFICATION I, JAMES R. FORRY, ESQUIRE, having read and prepared the attached, hereby verifies that the foregoing pleading is the language of counsel and is based on information gathered by counsel in the pursuit of this action and information filed of record. I verify that I am authorized within my purview as counsel of record for Defendants to make this verification on behalf of Defendants that the signature of the Defendants to this pleading cannot be obtained within the time allowed for filing this pleading; and that the facts set forth in the forgoing pleading are based upon interviews and conversations with Defendants and are true and correct to the best of my information and belief. This verification is made pursuant to the penalties of 18 Pa.C.S.A., Section 4904, relating to unworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By. ES R FORRY, ESQL Date: July 29, 2005 MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff VS. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-635 Civil CERTIFICATE OF SERVICE; I, JAMES R. FORRY, ESQUIRE, hereby certify that a true and correct copy of the foregoing Answer with New Matter to Plaintiffs Complaint was mailed via U.S. first class mail, postage prepaid, upon the following party(ies) addressed as follows: Jonathan D. Hurwitz, esquire COZEN and O'CONNOR 1900 Market Street, The Atrium. Philadelphia. PA 19103 I understand that the statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to falsification to authorities. By: Date: July 29, 2005 FORRY, ULLMAN, ULLMAN & FORRY, P.C. rv-? C? {'^ -n .. ,-? T.. -r -n _?,,,y t ?'? ?? ' J ci ;? .? '? ? c? .< __ ?.? COZEN AND O'CONNOR By: Jonathan D. Hurwitz, Esquire Attorney I.D. # 84003 1900 Market Street, The Atrium Philadelphia, PA 19103 (215) 665-5518 Motorists Mutual Insurance Company, a/s/o Mary E. Dudzinski, Counsel for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. Civil Action No. 04-635 New Generation Building Co., Inc., and H. Craig Gale, Individually and d/b/a New Generation Building, Defendants. RESPONSE OF PLAINTIFF TO DEFENDANTS' NEW MATTER 26. Denied. To the extent the averments of paragraph 26 of Defendants' New Matter constitute factual allegations, they are specifically denied. To the extent the averments in this paragraph are conclusions of law, they are denied and no response is required. 27. Denied. To the extent the averments of paragraph 27 of Defendants' New Matter constitute factual allegations, they are specifically denied. To the extent the averments in this paragraph are conclusions of law, they are denied and no response is required. 28. Denied. To the extent the averments of paragraph 28 of Defendants' New Matter constitute factual allegations, they are specifically denied. To the extent the averments in this paragraph are conclusions of law, they are denied and no response is required. 29. Denied. To the extent the averments of paragraph 29 of Defendants' New Matter constitute factual allegations, they are specifically denied. To the extent the averments in this paragraph are conclusions of law, they ane denied and no response is required. 30. Denied. To the extent the averments of paragraph 30 of Defendants' New Matter constitute factual allegations, they are specifically denied. To the extent the averments in this paragraph are conclusions of law, they are denied and no response is required. 31. Denied. To the extent the averments of paragraph 31 of Defendants' New Matter constitute factual allegations, they are specifically denied. To the extent the averments in this paragraph are conclusions of law, they are denied and no response is required. 32. Denied. To the extent the averments of paragraph 32 of Defendants' New Matter constitute factual allegations, they are specifically denied. To the extent the averments in this paragraph are conclusions of law, they are denied and no response is required. 33. Denied. To the extent the averments of paragraph 33 of Defendants' New Matter constitute factual allegations, they are specifically denied. To the extent the 2 averments in this paragraph are conclusions of law, they are denied and no response is required. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants on all claims asserted in Plaintiff's Complaint, together with costs, interest, and any other relief deemed appropriate by the Court. Respectfully submitted, CfLEN O CO OR ? AN D. Attorney 1. D. No. 003 i,,'jg00 Market St e ? Philadelphia, 9103 (215) 665-5518 (215) 701-2218 (fax) jhurwitz@cozen.com 3 VERIFICATION I, JONATHAN D. HURWITZ, ESQUIRE, hereby state that I am authorized to make this Verification, and verify that the statements made in the foregoing Plaintiffs Response to Defendants' New Matter are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATED: oo<? JONA N b. H W? I?' CERTIFICATE OF SERVICE I, Jonathan Hurwitz, hereby certify that a true and correct copy of the foregoing Plaintiffs Response to Defendants' New Matter was placed in the U.S. Mail postage paid on this on 18th day of August, 2005, addressed to: James R. Forry, Esquire Forry, Ullman, Ullman & Forry, P.C. 540 Court Street P.O. Box 542 Reading, PA 19603 Attorneys for Defendants _ es -TI 7 ?: r -ij ' r T^ ? ;?i al .. fn i i m;3 I FORRY, ULLMAN, ULLMAN & FORRY, P.C. JAMES R. FORRY, ESQUIRE Attorney I.D. No. 36003 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff VS. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-635 Civil Defendants, New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building, intend to serve a subpoena identical to the subpoena attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Dated: February 2, 2006 By: FORRY, ULLMAN, ULLMAN & FORRY, P.C. FORRY, ULLMAN, ULLMAN & FORRY, P.C. JAMES R. FORRY, ESQUIRE Attorney I.D. No. 36003 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendants MOTORISTS MUTUAL INSURANCE : IN THE COURT OF COMMON PLEAS OF COMPANY, as Subrogee of Mary E. CUMBERLAND COUNTY, PENNSYLVANIA Dudzinski, CIVIL ACTION -LAW Plaintiff vs. No. 04-635 Civil NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, and FORRY, ULLMAN, ULLMAN & FORRY, P.C., attorneys for Defendants, New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building, certify that on February 2, 2006, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: Jonathan D. Hurwitz, Esquire COZEN & O'CONNER 1900 Market Street, The Atrium Philadelphia, PA 19103 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. Dated: February 2, 2006 By: JAME ` ORRY, ESQUIRE COMMONWEALTH OF PENNSYLVANIA Motorists Mutual Insurance Company, COUNTY OF CUMBERLAND a/s/o Mary E. Dudzinski, Plaintiff V. New Generation Building Co., Inc., and H. Craig Gale, individually, and d/b/a New Generation Building, Defendants File No. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 04-635 Attn: Commissioner Paul J. Evanko, Custodian of Records, PA State Police, 1800 Elmerton Avenue, TO: u_ uA ,^I„n (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: Any and all documentation ' regarding h c igation of the residential fire that took place on February 16, 2002 at the residence of Mary Dudzinski located at 409 Erford Road, Camp Hill, PA, including, but not limited to the Fire IBS estigatioas Report, .raw_tlata,_lnvestigative notes,, correspondence, incident reports documentation, charts, blue prints, drawings, sketches, photographs and or video-taped recordings. t UVILL 11U. Axk_1?4017 at For-R, Ullman, 1111man & Fnrry,_P.C., 540 Court Street, P.O. Box 542, Reading PA 19603 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name JAMES R. FORRY, ESQUIRE Address: 540 COURT STREET, P.O. BOX 542 READING, PA 19603 Telephone: Supreme Court ID # 36003 DEFENDANTS Attorney For: Date: January .31r 2006 Seal of the Court BY THE COURT: Prothonotary/Cler , evil Division Deputy (Eff. 7/97) n N C:- c:v Tt "n n'? rn - r ?;i?"? c ? -nit is ''?`? W ,?j<'i f-- a. ri ? fii ?__i i C,ry -?' w --'D '? FORRY, ULLMAN, ULLMAN & FORRY, P.C. JAMES R. FORRY, ESQUIRE Attorney I.D. No. 36003 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendants MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff vs. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-635 Civil As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendants, New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building, certify that: 1. A Notice of Intent to Serve Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to the Certificate; 3. No objection to the subpoena has been received, and 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve Subpoena. Date: February 23, 2006 FORRY, ULLMAN, ULLMAN & FORRY, P.C. BY: z J *ES R. FORRY, E FORRY, ULLMAN, ULLMAN & FORRY, P.C. JAMES R. FORRY, ESQUIRE Attorney I.D. No. 36003 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff vs. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-635 Civil I, James R. Forty, Esquire, and Forty, Ullman, Ullman & Forry, P.C., hereby certifies that a copy of the Certificate Prerequisite to Service of a Subpoena, Cumberland County Subpoena to Produce Documents and Things, and Notice of Intent was mailed by first-class mail, postage prepaid, addressed as follows: Jonathan D. Hurwitz, Esquire COZEN & O'CONNER 1900 Market Street, The Atrium Philadelphia, PA 19103 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to falsification to authorities. Dated: February 23, 2006 By: JA S R FORRY, ESQ FORRY, ULLMAN, ULLMAN & FORRY, P.C. JAMES R. FORRY, ESQUIRE Attorney I.D. No. 36003 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff VS. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 04-635 Civil n o O rL ('i"I -n = -' si rn cn ? W Defendants, New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building, intend to serve a subpoena identical to the subpoena attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Dated: February 2, 2006 By: FORRY, ULLMAN, ULLMAN & FORRY, P.C. FORRY, ULLMAN, ULLMAN & FORRY, P.C JAMES R. FORRY, ESQUIRE Attorney I.D. No. 36003 540 Court Street, P. 0. Box 542 Reading, PA 19603 MOTORISTS MUTUAL INSURANCE : IN THE COURT OF COMMON PLEAS OF COMPANY, as Subrogee of Mary E. CUMBERLAND COUNTY, PENNSYLVANIA Dudzinski, CIVIL, ACTION - LAW Plaintiff VS. No. 04-635 Civil NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, and FORRY, ULLMAN, ULLMAN & FORRY, P.C., attorneys for Defendants, New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building, certify that on February 2, 2006, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: Jonathan D. Hurwitz, Esquire COZEN & O'CONNER 1900 Market Street, The Atrium Philadelphia, PA 19103 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. Dated: February 2, 2006 By: JAME ORRY, ESQUIRE COMMONWEALTH OF PENNSYLVANIA Motorists Mutual Insurance Company, COUNTY OF CUMBERLAND a/s/o Mary E. Dudzinsld, Plaintiff V. New Generation Building Co., Inc., and H. Craig Gale, individually, and d/b/a New Generation Building, Defendants File No. 04-635 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 Attn: Commissioner Paul J. Evanko, Custodian of Records, PA State Police, 1800 Elmerton Avenue, TO: 1?11ft (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: An, and all documentation regarding the investigatlon of the residential fire that took place on February 16, 2002 at the residence of Mary Dudzinski located at 409 Erford Road, Camp Hill, PA, including, but not limited to the Fire Investigations Report, data, investigative notes, correspondence incident reports documentation, charts, blue prints, drawings, sketches, photographs and or video-taped recordings. (Incident No. E[2-H43f 7"') at 1Pnrrv TTllmnn_. ITllman R, Forrv. P.C_. 540 Court Street. P.O. Box 542, Reading, PA 19603 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above.You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. It 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 JAMES R. FORRY, ESQUIRE Address: 540 COURT STREET, P.O. BOX 542 READING, PA 19603 Telephone: 6W777 5700 Supreme Court ID # 36003 DEFENDANTS Attorney For BY THE COURT: Prothonotary/Cler vil Division January ,31 r 2006 Date: ? e-:!p ? Seal of the Court Deputy (Eff. 7/97) ;' _ , - . ,. 4 , G? COZEN O'CONNOR BY: JOSEPH F. RICH, ESQUIRE Attorney I.D. NO.: 92067 1900 Market Street Philadelphia, PA 19103 Attorneys for Plaintiffs 215-665-7185 Motorists Mutual Insurance Company, a/s/o Mary E. Dudzinski, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ; V. : Civil Action No. 04-635 New Generation Building Co., Inc., : and JURY TRIAL DEMANDED H. Craig Gale, Individually and d/b/a New Generation Building, Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel of record for the Plaintiff, Motorists Mutual Insurance Company, in the above-captioned matter. COZEN O'CONNOR BY: JOSEPH F. RICA, ESQ. Dated: CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Entry of Appearance in the above-captioned matter was served upon the following on k 06Cr 12006, by United States First Class Mail, postage prepaid: James R. Florry, Esquire Forry, Ullman, Ullman and Forry, P.C. 540 Court Street P. O. Box 542 Reading, PA 19603 COZEN O'CONNOR BY SEPH F. ICH, ESQ. he Atrium - 3rd Flo. 1900 Market Street Philadelphia, PA 19103 (215) 665-7285 Date: b ?o j_% a Odd 2 G r? -r? ° x N raj ?? bG r 4% FORRY ULLMAN JAMES R. FORRY, ESQUIRE Attorney I.D. No. 36003 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attorneys for Defendants MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff VS. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : No. 04-635 Civil JURY TRIAL DEMANDED Defendants, New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building, intend to serve a subpoena identical to the subpoena 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. FORRY, ULLMAN Dated: February 27, 2007 By: "I-L "ES . FORRY, ESQ IRE FORRY ULLMAN JAMES R. FORRY, ESQUIRE Attorney I.D. No. 36003 540 Court Street, P. O. Box 542 Reading, PA 19603 (610) 777-5700 Attnrn .arc for Defendants MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 64-635 Civil NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants CERTIFICATE OF SERVICE I, JAMES R. FORRY, ESQUIRE, and FORRY, ULLMAN, attorneys for Defendants, New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building, certify that on February 27, 2007, the foregoing Notice of Intent, was served upon the following by first class mail, postage prepaid, at the following address: Joseph F. Rich, Esquire COZEN & O'CONNER 1900 Market Street Philadelphia, PA 19103-3508 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 1408 relating to falsification to authorities. Dated: February 27, 2007 By: 'ikE JAM c?- ')%? ORRY, ESQ COMMONWEALTH OF PENNSYLVANIA Motorists Mutual Insurance Company, COUNTY OF CUMBERLAND a/s/o Mary E. Dudzinski, Plaintiff V. New Generation Building Co., Inc., and H. Craig Gale, individually, File No. and d/b/a New Generation Building, Defendants 04-635 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 Attn: Robert E. Rice, Maltase Fire Investigations, 3100 Collins Ferry Road, Morgantown, WV 26505-3305 TO: (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 thin s: Any and all dgocumentation regarding the investigation of the residential fire that took place on February 16,-2002 at the rprddence of a y Dudzinski located at 409 Erford Road, Camp Hill, PA, including, but not limited to the Fire Investigations Report dated April 1, 2002, raw data, investigative no es, co , --ineidea }'pens, documentation. chart. blue prints, drawings, sketches, photo, graphs and or video-taped recordings. Forry Ullman, 2000 Linglestown Road, Suite 301, arms urg, M 7110 at (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name JAMES R. FORRY, ESQUIRE Address: 540 COURT STREET, P.O. BOX 542 READING, PA 19603 Telephone: 6101777-5700 36003 Supreme Court ID # Attorney For: DEFENDANTS BY THE C RT: 611y, Protho ry/Cl ,Civil Division Date: FebiruarY.22,2007 Seal of the Court Deputy (Eff. 7/97) 90 tT `) ??, FORRY, ULLMAN, ULLMAN & FORRY, P.C. THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 2000 Linglestown Road, Suite 301 Harrisburg, PA 17110 (717) 441-9257 MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff VS. Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 04-635 Civil NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for Defendant, NEW GENERATION BUILDING COMPANY, INC. et al., in the above case and designate 2000 Linglestown Road, Suite 301, Harrisburg, Pennsylvania 17110, as the place notices and papers other than original process may be served. FORRY, ULLMAN, ULLMAN & FORRY, P.C. By: zzl4nt"dlai THOMAS A. WIMMER, ESQUIRE Attorney I.D. No. 45294 FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I.D. No.: 45294 2000 Linglestown Road, Suite 301 Harrisburg, Pa 17110 (717) 441-9257 MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff vs. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants CERTIFICATE OF SERVICE I, THOMAS A. WIMMER, ESQUIRE, of FORRY ULLMAN, attorneys for Defendant certify that the enclosed Entry of Appearance was served upon Plaintiff, this date, by first-class mail, postage prepaid, addressed as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : No. 04-635 Civil Joseph F. Rich, Esquire COZEN & O'CONNER 1900 Market Street Philadelphia, PA 19103-3508 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Dated: By: THOMAS A. WIMMER C? - ?-? ? - ? ,_.., -? is :? - , _?=?- ,, ?? rn _ ...... _^? _- c.a _ c; :.? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Motorists Mutual Insurance Company, Plaintiff, V. CIVIL ACTION NO.: 04-635 New Generation Building Company, Inc. and H. Craig Gale, Individually and d/b/a New Generation Building, Defendants. ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above captioned matter settled, discontinued and ended. Th mas A. Wimmer, Esq. Forry, Ullman, Ullman and Forry, P.C. 2000 Linglestown Road Suite 301 Harrisburg, PA 17110 Attorneys for Defendants Dated: /- /g -0!8, seph F. Rich, Esq. ozen O'Connor 1900 Market Street Philadelphia, PA 19103 Attorneys for Plaintiff ?l?? g.? Dated: r FORRY, ULLMAN, ULLMAN & FORRY, P.C. Thomas A. Wimmer, Esquire Attorney I.D. No.: 45294 2000 Linglestown Road, Suite 301 Harrisburg, Pa 17110 (717) 441-9257 MOTORISTS MUTUAL INSURANCE COMPANY, as Subrogee of Mary E. Dudzinski, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. NEW GENERATION BUILDING COMPANY, INC. and H. CRAIG GALE, Individually and d/b/a New Generation Building, Defendants : No. 04-635 Civil CERTIFICATE OF SERVICE I, LISA M. KETTERER, of FORRY ULLMAN, attorneys for Defendant certify that the enclosed Praecipe to Settle, Discontinue & End was served upon Plaintiff, this date, by first-class mail, postage prepaid, addressed as follows: Joseph F. Rich, Esquire COZEN & O'CONNER 1900 Market Street Philadelphia, PA 19103-3508 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. FORRY, ULLMAN, ULLMAN & FORRY, P.C. Dated: 1- Og By: l_l Q t 1 LISA M. KETTERER ?? ?., ?-- ? ?? ? ..::, . ?? ,. :? :?:, r i';7,?- ?? C.J t? ?tw., ?.' ?` _ '- , f ?: _ , r"^ - !'?,'t _ '-f ???}