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HomeMy WebLinkAbout08-4157IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH 633 West College Avenue, York, PA 17401 Plaintiff V. CIVIL ACTION - LAW NO. Ok-- %I S7 cchi( -{-rm SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION 175 Lamont Street, New Cumberland, PA 17070 Defendant JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in trespass in the above case. X Writ of Summons for Defendant Susquehanna Valley Construction Corporation shall be issued and forwarded to Sheriff. Date: f Ofoomeyy ilsten,Esquire r Plaintiff Supreme Court I.D. #77065 7 East Market Street York, PA 17401 (717) 848-3838 SUMMONS IN CIVIL ACTION TO: Susquehanna Valley Construction Corporation YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: Oy Prothonotary, Civil Divisi by Depu M0041369.1 r-, rn Tom. S DO 1 :IN n F cc? ?l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH 633 West College Avenue, York, PA 17401 Plaintiff v. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION 175 Lamont Street, New Cumberland, PA 17070 Defendant NO. 08-4157 JURY TRIAL DEMANDED PRAECIPE TO REISSUE To the Prothonotary: Please reissue the Writ of Summons in the above case. Date: ' 0 cz Craig R. Milst , Esquire Attorney for Plaintiff Supreme Court I.D. #77065 7 East Market Street York, PA 17401 (717) 848-3838 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JOHN R. SMITH 633 West College Avenue, York, PA 17401 Plaintiff V. NO. c U.1 . C 4 SUSQUEHANNA VALLEY CONSTRUCTION _T') ? n CORPORATION rT? _... 175 Lamont Street, New Cumberland, PA 17070 JURY TRIAL DEMAND -- F - ?' ?r Defendant PRAECIPE FOR WRIT OF SUMMONS `_ Jy t ' c) ?t X_ t TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in trespass in the above case. X Writ of Summons for Defendant Susquehanna Valley Construction Corporation shall be iss ued and forwarded to Sheriff. Date: Cxai . Milsten, Esquire Alfo-mey for Plaintiff Supreme Court I.D. #77065 7 East Market Street York, PA 17401 (717) 848-3838 SUMMONS IN CIVIL ACTION TO: Susquehanna Valley Construction Corporation YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. /S/ (!--fir / ' Prothonotary, Civil DivisO Date: " /I d o y y by p?cx? ?-? t y Depu 1 e?ttyt>?1?t wherle?t? ? >i?? ?t ?'i? ti?? end ft of Pal M0041369.1 ?' ? a ti 0 C "C3 l C-1 C-)> f --, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, VS. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, : Defendant. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter the appearance of Robert A. Lerman, Esquire of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for Defendant, Susquehanna Valley Construction Corporation, in the above-captioned matter and mark the docket accordingly. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & By: VU J4' ROBERT A. LERM , ES UIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corp 110 South Northern Way York, PA 17402 (717) 757-7602 Dated: August 18, 2008 J, - 06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, VS. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, : Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 18th day of August, 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, ST*KLER, LERMAN, SOLYMOS & BY: klr/svcc-prp Robert A. Lerman, EsquijW #0490 1490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 i F tj r. .M t hat IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. TO THE PROTHONOTARY: PRAECIPE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED Please enter a Rule upon John R. Smith, Plaintiff, to file a Complaint within twenty (20) days from the date of the service of this Rule or suffer Judgment non-pros. GRIFFITH, ST KLER, LERMAN, SOLYMOS & CALK S BY: Robert A. Lerman, Esquire #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way Dated: August 18, 2008 York, PA 17402 (717) 757-7602 NOW, 17 , 2008, RULE ISSUED AS ABOVE. 6aj?4L PR HONOT BY: klr/mcsm-rule DEPUTY C'> f•,,, "' "r r?1 t ?`: 7 ? ;. ? ?? w - e ? ?. _.,__ _Y ?.. ? ;jr•;? ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this Zftday of , 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant, Susquehanna Valley Construction Corporation, to Plaintiff, Set No. 1 as indicated below, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & BY: l `"U UT4T z`+ klr/svccsm-rfpd Robert A. Lerman, Esquire 074 0 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 C°7 +v J U cz? t SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH JOHN R VS SUSQUEHANNA VALLEY CONSTRUCTIO 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: SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK serve the within WRIT OF SUMMONS County, Pennsylvania, to On August 22nd , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answQr Docketing 18.00 Out of County 9.00 c Surcharge 10.00 R.JThoma? Kline Dep York County 49.33 Sheriff of Cumberland County' Postage 1.18 87.51 ???/p,??dY ?, 08/22/2008 KATHERMAN BRIGGS GREENBERG Sworn and subscribe to before me this day of , A.D. I t ? , e COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST-,YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 12 1. PLAINTI F/ cc __ 2. COURT N R Jonn 3. DEFENDANTlS/ 4. TYPE OF WRIT OR CO INT Ln 171 s$S°M 4?s? -t- 5. NAME OF IN UAL, COMPANY, CORPORATION, E . TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, TTA?&rk"4 D, OR SOLD I.L-C S I T l Dirv - Rr' RFO V1)ITH B Xr1BE,R. AP . NO., C,TY STAj7 AND AT 1 ?E S,S (STREET OR ZIP 70DE) 7. INDICATE SERVICE: O PERSONAL ERSON IN CHARGE DEPUTIZE '-1 ERT. L U 1ST CLASS MAIL U POSTED U OTHER NOW August 4 -'20 08 I, SHERIFF LINTY, PA, do h eby deputize t eriff of York COUNTY to execute this Writ tum t er rdi to law. This deputization being made at the request and risk of the plaintiff. SHERIFF C TY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERV1§IbT OF CO. er f?r?u' i6rf- 2t, Pl?e mail service to Cumberland County Sheriff. Thank ?Km- ADV PRE PAID RY ATTY. NOTE: OIO.Y APPLICABLE ON WRIT OF EXECUTION: NA. WAIVER OF WATCHMAN - Any deputy Sheriff levying upon Or stlsdlirg any property underwittnin writ may leave same WWWRA a walotrmn, in custody of whomever is found in possession, after no*ft Person of levy Or attachment, without Gabiliy, on the part of such deputy of the sheriff to any Plaintiff herein for any loss. destruction. or removal of any property before sheriff a sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NU BER 11. DATE FILED 1. V11DLl IlLH1VU VV J r{fi r 1W WT TWIM 11 1 aNutoWledpe retxipt of the writ =14?. ECEIVED 15. Ezpiretion/Hearing Date or complaint as indicated above. MJ MCG I LL YC S O 8 18-10-08 18. NOW SERVED: PERSONAL ( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER SEE REMARKS BELOW 17. 0 1 hereby eetti(y and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) _ 1 TITL F I DUAL S RUED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Delendaaq 20. Time of% 2 . ATTEMPTS Dale Time nt. Date Time Miles Int. Date Time Miles Int. Dale Time Mr7es Int. T In . Date Time Miles Int. 22. REMARKS: 23. Advance Costs $100.00 24. Service Costs 25. NIF 25. Mileage •6a 101 Sts 35. Advance Costs 38. Service Cc 41. AFFIRMED and subscribed to me 42. day of A jt&,,, 2o,?$a 3 Nit , 7AL SEA LISA L. F NOTARY PUBLIC Cl i ti l ORK CUNT ostape 28. Sub Total 29. Pound 30. Notary b 37. Notary Cert. 38. MileagetPostape/Not Found - a4. Sgnatwe of Dep. Sheriff 41-6 i 48. Sipnatune York county SN"W RICHARD Pr./ UI Ciro shy of Fnrwi 39. Tot. q. q SERVICE CALL (717) 771-9601 33 Cats Due or eMwM Check No. j2 Z1, b5q a? 40. Costs Due or Refund 8-19-2008 CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. 4009.22, Defendant, Susquehanna Valley Construction Corporation, certifies that: (1) A Notice of Intent to Serve Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served; (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) The 20 day notice period has expired and no objections have been filed; and (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. Date: September 18, 2008 Robert A. Lerman, Esquire I.D. #07490 Attorney for Defendant 46 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, intends to serve Subpoenas 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 Subpoenas. If no objection is made, the Subpoenas may be served. GRIFFITH, ST"ER, LERMAN, SOLYMOS & Date: August 20, 2008 BY: ROBERT A. LERMAN, ESOUW #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, Civil Action - Law No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, : Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Travelers Insurance Company, 3097 Satellite Boulevard, Duluth, GA 30096 Attn: Candace Sheehan, SCLA, Director Subrogation Maior Case Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete worker's compensation file pertaining to Insured/Employee: Con-Way Freight Express/John R. Smith; Date of Birth: 12/05165; Social Security No. 209-60- 7254, Claim No. CFT9140 regarding an incident which occurred on August 2, 2006, involving the above-referenced parties, to include but not be limited to the report of injury, any statements, photographs, investigation materials, reports of independent medical examinations, a payout sheet reflecting all medical expenses paid, a payout sheet reflecting all wage benefits paid, printout of the indemnity payments to date and medical payments to date and any and all medical records and reports and all documentation relating to any worker's compensation litigation proceeding. at: Griffith Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way. York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way. York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Con-Way Central Express, P.O. Box 4670, Portland, OR 97208-4570 Attn: Randy Hack Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete personnel file pertaining to John R. Smith; Date of Birth: 12105165; Social Security No. 209-60-7254, including but not limited to all performance evaluations, employment applications, resumes, wage and earnings documentation, employee evaluations, attendance records, medical records, driver qualification file, driver DOT files, driver medical file, certifications or licensure for vehicle and/or equipment operation, and any records relating to any and all worker's compensation claims. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRaAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Beth Loss, D.O., Queen Street Family Practice, 2471 S. Queen Street, York, PA 17402 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 from August 2, 1996, up to the present. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Yorktowne Chiropractic, 1776 S. Queen Street. York, PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 from August Z 1996, up to the present. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 20`h day of August, 2008, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Plaintiff's Counsel) GRIFFITH, tSCKLIER, LERMAN, SOLYMOS & CBY: ROBERT A. LERMAN, S UIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 klr/swcsm-noi . . .A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. CERTIFICATE OF SERVICE AND NOW, this 18th day of September, 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: klr/svccsm-certpre Robert A.1%hn c ih #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 C':? CM7 rn y ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant JURY TRIAL DEMANDED NOTICE NOTICE TO PLEAD A VISO YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notices are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenerse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propriedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENDER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Clerk of Courts One Courthouse Square Carlisle, PA 17013-3387 717-240-6250 M0098568.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant JURY TRIAL DEMANDED COMPLAINT The Plaintiff, John R. Smith, by his attorneys, Katherman, Briggs & Greenberg, LLP, file this Complaint, and state the following: 1. The Plaintiff, John R. Smith is an adult individuals residing at 633 West College Avenue, York, Pennsylvania 17401. 2. The Defendant, Susquehanna Valley Construction Corporation is a Pennsylvania corporation with its principal place of business located at 175 Lamont Street, New Cumberland, Pennsylvania 17070. 3. At all times material to the events mentioned herein, the Defendant was in possession, ownership, and control of the premises upon which this accident occurred and the equipment used in this accident. 4. The Defendant, at all relevant times, acted through its respective employees, authorized agents, and/or servants, all of whom were acting within the course and scope of their employment. 5. The facts and occurrences hereinafter related took place on or about August 2, 2006 at M0044 127.1 1 a construction site in or around Mechanicsburg, Pennsylvania, which said construction on the site was managed, supervised or controlled by Defendant. 6. At all times material to the events mentioned herein, the Plaintiff, John R. Smith., was a business invitee on the premises of the aforementioned construction site. COUNT 1- NEGLIGENCE JOHN R SMITH V SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION 7. Paragraphs 1 through 6 are incorporated herein by reference thereto. 8. On the aforesaid date at the aforementioned place, the Plaintiff, John R. Smith, was the driver of a tractor trailer transporting a load of steel forms to Defendant's construction site. Upon his arrival at the construction site, he was instructed as to where to park his truck so that it could be unloaded by a forklift operated by an employee, agent and/or servant of Susquehanna Valley Construction Corporation (hereinafter "Employee").. 9. The Employee had difficulty in removing the pallet of steel forms from the trailer. After several unsuccessful attempts, the Employee lowered one blade of the forklift and reinserted it into the pallet. The Employee proceeded to raise the blades without correcting the uneven blades, causing the pallet of steel to tip and break and causing the steel forms to fall on Plaintiffs legs, pinning him in the back of the trailer. 10. Plaintiff remained pinned under the steel as the Employee failed to take reasonable steps to obtain assistance in extricating him. 11. The Defendant was negligent in the following respects: A. Failing to properly and safely operate the forklift; B. Failing to properly train and instruct the Employee on the correct and safe M0044127.1 2 manner in which operate the forklift; C. Failing to instruct Plaintiff to park the tractor trailer on level ground for the safe unloading of the steel forms; D. Failing to assign the proper number of employees, agents and/or servants to assist in the unloading of the trailer; E. Failing to assign an employee(s); agent(s) and/or servant(s) with the proper physical requirements, including but not limited to visual acuity, to the task of unloading the trailer; F. Failing to properly inspect the pallet of steel forms before attempting to unload it from the trailer; G. Failing to observe all reasonable and necessary safety procedures in unloading the steel forms from the trailer; H. Failing to properly train and instruct the Employee on the proper action to take in the event of a workplace accident and/or medical emergency; I. Failing to properly equip the Employee with communication tools necessary in the event of a workplace accident and/or medical emergency; J. Failing to act reasonably and promptly when the steel forms fell on the Plaintiff; and K. Failing to take all reasonable measures to ensure that the steel forms did not fall on the Plaintiff during the unloading process. 12. As a result of the Defendant's negligence, the Plaintiff sustained severe personal injuries, including, but not limited to, injuries to his legs, including am open tibia fracture with peroneal nerve M0044127.1 3 injury requiring surgery, back pain, and Post-Traumatic Stress Disorder. 13. As a result of the aforesaid incident and injuries sustained by Plaintiff, caused by the negligence of the Defendant, Plaintiff, John R. Smith, has sustained or will sustain the following damages: a. pain and suffering; b. embarrassment, humiliation, and mental anxiety; c. loss of life's enjoyment; d. incidental costs; e. scarring; f. past, present and future loss of wages; g. loss of earning capacity; and h. past, present and future medical costs. 14. Defendant's negligence was a substantial factor in causing Plaintiff's injuries and damages. 15. Plaintiff avers that his damages exceed the applicable limits of arbitration and, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff, John R. Smith, respectfully requests that the court enter judgment against Defendant, for damages in an amount in excess of the arbitration threshold, together with interest, costs of suit, and delay damages, together with interest and costs as allowed by law. M0044127.1 4 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP Date: °I 22 0$ BY: r iR. Milsten, Esquire Court I.D.#77065 7 East Market Street York, PA 17401 (717) 848-3838 telephone (717) 848-9039 facsimile cmilsten e,kbglaw.com Attorneys for the Plaintiff, John R. Smith M0044127.1 5 CERTIFICATE OF SERVICE I hereby certify that I have this date attempted service of a copy of the foregoing Complaint as set forth below by Sheriff: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 By: Date: q,(2&(06 RESPECTFULLY SUBMITTED, M0044127.1 6 York, Pa. 17401 (717) 848-3838 ?;? cxs C,'? r x J t - rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. TO: John R. Smith, Plaintiff c/o Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 No. 08-4157 JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & BY: klr/svcc-anm Robert A. Lerman, Esqui/#074b0 Attorney for Defendant, Susque arena Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 103/d Q Valley IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Susquehanna Valley Construction Corporation, by its counsel Robert A. Lerman and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Answer and New Matter to Plaintiff s Complaint as follows: COUNT I - NEGLIGENCE 1. Admitted upon information and belief. 2. Admitted. 3. Denied. It is denied that at all times material to the events described in Plaintiff s Complaint, that the Defendant was in possession, ownership and control of the premises upon which this accident occurred or in possession and control of the equipment used in this accident. On the contrary, it is averred that Defendant did not own nor control the premises upon which this accident occurred. It is further averred that Defendant did not own and was not yet in possession of nor was Defendant using the rented equipment which Plaintiff had transported. By way of further answer, it is averred that Plaintiff, John R. Smith and an employee of Defendant, were in the process of jointly unloading steel plate girders from Plaintiff's truck, which girders were stacked on a wooden pallet when the incident occurred. Plaintiff, Civil Action - Law No. 08-4157 4. Admitted. 5. Denied. It is denied that the facts and occurrences as described in Plaintiff's Complaint occurred as Plaintiff describes. By way of further response, it is admitted that an incident occurred on August 2, 2006, at a construction site in or around Mechanicsburg, Pennsylvania where Defendant's employees were working. The remaining allegations of Paragraph No. 5 are denied as stated and strict proof thereof is demanded. 6. Denied. To the extent the allegations set forth in Paragraph No. 6 constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that Plaintiff, John R. Smith, was a business invitee at the construction site and averred to the contrary that Mr. Smith's legal status is at issue. COUNT I - NEGLIGENCE JOHN R. SMITH V. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION 7. Defendant, Susquehanna Valley Construction, incorporates herein by reference, as if fully set forth at length, its Answers to Paragraph Nos. 1 - 6 inclusive, as set forth hereinabove. 8. Admitted in part and denied in part. It is admitted, upon information and belief, that on August 2, 2006, Plaintiff, John R. Smith, was the driver of a tractor trailer transporting a load of steel forms (i.e., plate girders) to a construction site near the Pennsylvania Turnpike (I- 76) and Route 15 (Gettysburg). It is denied that upon arrival at the jobsite, Plaintiff was instructed as to where to park his truck so that it could be unloaded by a forklift operated by an employee, agent and/or servant of Susquehanna Valley Construction Corporation. On the contrary, it is averred that Plaintiff was given options as to where he could park his truck for the unloading process and Plaintiff thereafter selected the location, parked his truck and began to move his cargo toward the back of his truck himself and subsequently continued jointly with one 2 of Defendant's employees whereby Plaintiff directed, instructed and otherwise controlled the process in order to move his cargo to a position within his truck such that it could be offloaded by Defendant. By way of further response, it is averred that at all times relevant, Defendant and its employees, agents, servants, workmen and representatives acted carefully, lawfully, properly and prudently with due care under the circumstances, fulfilling any duties or obligations legally owed to the Plaintiff, John R. Smith, and strict proof to the contrary is hereby demanded. 9. Denied. It is denied that Defendant's employee had difficulty in removing the pallet of steel forms from the trailer. It is further denied that after several unsuccessful attempts, Defendant's employee lowered one blade of the forklift and reinserted it into the pallet. On the contrary, it is averred that at all times relevant, Plaintiff was engaged in attempting to move his cargo to a position within his truck such that it could be offloaded by Defendant and it is further averred that at all times relevant, Plaintiff was engaged in and directing, supervising and otherwise controlling the process to move his cargo to a position in his truck where it could be offloaded by Defendant. By way of further response, it is averred that Defendant's employee did not cause the steel forms to fall on Plaintiff's legs but rather the cause of Plaintiff's injuries and damages claimed was due to the conditions caused or created by and/or acts or omissions of entities or individuals other than Answering Defendant as more fully set forth hereinafter in Defendant's New Matter. 10. Denied. It is denied that Plaintiff remained pinned under the steel as the employee failed to take reasonable steps to obtain assistance in extricating him. On the contrary, Defendant's employee did not fail to take reasonable steps to obtain assistance in extracting Plaintiff and averred to the contrary that at all times relevant, Answering Defendant's employees 3 acted carefully, lawfully, properly and prudently with reasonable care under the circumstances existing. 11. Denied. It is denied that the Defendant was negligent in the following respects: a. Failing to properly and safely operate the forklift; b. Failing to properly train and instruct the employee on the correct and safe manner in which operate the forklift; C. Failing to instruct Plaintiff to park the tractor trailer on level ground for the safe unloading of the steel forms; d. Failing to assign the proper number of employees, agents and/or servants to assist in the unloading of the trailer; e. Failing to assign an employee(s), agent(s) and/or servant(s) with the proper physical requirements, including but not limited to visual acuity, to the task of unloading the trailer; f. Failing to properly inspect the pallet of steel forms before attempting to unload it from the trailer; g. Failing to observe all reasonable and necessary safety procedures in unloading the steel forms from the trailer; h. Failing to properly train and instruct the employee on the proper action to take in the event of a workplace accident and/or medical emergency; i. Failing to properly equip the employee with communication tools necessary in the event of a workplace accident and/or medical emergency; j. Failing to act reasonably and promptly when the steel forms fell on the Plaintiff; and 4 k. Failing to take all reasonable measures to ensure that the steel forms did not fall on the Plaintiff during the unloading process. On the contrary, it is averred that at all times relevant, Plaintiff was engaged in attempting to move his cargo to a position within his truck such that it could be offloaded by Defendant and it is further averred that at all times relevant, Plaintiff was engaged in and directing, supervising and otherwise controlling the process to move his cargo to a position in his truck where it could be offloaded by Defendant. It is further averred that at all times relevant, Defendant and its employees, agents, servants, workmen, and representatives, acted carefully, lawfully, properly and prudently with due care under the circumstances fulfilling any duties or obligations legally owed to the Plaintiff, John R. Smith, and strict proof to the contrary is hereby demanded. 12. Denied. It is denied that the Defendant was negligent such that Plaintiff's injuries were the result thereof. The remaining allegations of Paragraph No. 12 of Plaintiff's Complaint are denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations with respect to Plaintiff's damages and same are denied and strict proof thereof demanded. 13. Denied. It is denied that the Defendant was negligent such that Plaintiff's injuries were the result thereof. The remaining allegations of Paragraph No. 13 of Plaintiff's Complaint are denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations with respect to Plaintiff's damages and same are denied and strict proof thereof demanded. 14. Denied. The allegations set forth in Paragraph No. 14 constitute a conclusion of law to which no response is required. To the extent a response is required, it is specifically denied that Defendant's negligence was a substantial factor or the factual cause of Plaintiff's 5 injuries and damages. On the contrary, it is averred that at all times relevant, Defendant and its employees, agents, servants, workmen, and representatives, acted carefully, lawfully, properly and prudently with due care under the circumstances fulfilling any duties or obligations legally owed to the Plaintiff, John R. Smith, and strict proof to the contrary is hereby demanded. 15. Denied. The allegations set forth in Paragraph No. 15 constitute a conclusion of law to which no response is required. To the extent a response is required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as to the value of Plaintiff's claim at this time and same is denied and strict proof thereof demanded. WHEREFORE, Defendant, Susquehanna Valley Construction Corporation, demands judgment in its favor and against the Plaintiff, John R. Smith, together with costs of suit. By way of further Answer, Defendant, Susquehanna Valley Construction Corporation, asserts the following: NEW MATTER 16. Defendant, Susquehanna Valley Construction Corporation, incorporates herein by reference, as if fully set forth at length, its Answers to Paragraph Nos. 1 - 15 inclusive, as set forth hereinabove. 17. Plaintiff's Complaint fails to state a cause of action upon which relief can be granted. 18. Plaintiff's Complaint may be barred by applicable statutes of limitations. 19. Plaintiff's claims are barred due to the expressed or implied assumption of the risk of the Plaintiff, John R. Smith. 20. Plaintiff's claims may be barred by the Doctrines of Res Judicata, Collateral Estoppel, and/or Claim Preclusion. 6 21. Plaintiffs claims may be barred of the Doctrines of Laches, Estoppel and/or Waiver or Release. 22. Plaintiff may have failed to mitigate his damages, which damages are expressly denied, and recovery by Plaintiff is accordingly barred or should be substantially reduced. 23. Plaintiff's claims are barred and/or diminished by the comparative and/or contributory negligence of Plaintiff, John R. Smith, pursuant to Pennsylvania's applicable Comparative Negligence Statute including but not limited to his negligence, carelessness and recklessness as follows: a. Standing or locating himself in a position of danger; b. Alternatively standing or locating himself in a position of danger when he had no reasonable or necessary purpose for doing so; C. Failure to keep a proper lookout; d. Failure to take appropriate precautions and safety measures to prevent or minimize his risk of injury; e. Failure to act reasonably and carefully for his own safety; £ Disregarding obvious and apparent signs of danger about which he knew or should have known; g. Disregarding usual, reasonable and customary safety practices; h. Failing to heed any warnings given to him; i. Locating himself in a zone of danger in specific disregard to his training and instruction; 7 j. Locating himself in a zone of danger in specific disregard to prior warnings given to him by his supervisors and/or superiors and/or co- workers; k. Participating in activities of his employment for which he may have had inadequate or improper training and experience; 1. Disregarding his training and experience and placing himself in a position of peril; M. Improperly loading and securing his cargo; n. Failing to ensure there were no defects in the wooden pallet upon which the plate girders/steel forms were stacked and/or failing to recognize a defective pallet; o. Failing to determine and ensure the wooden pallet selected was appropriate for its intended use and/or failing to recognize an inappropriate use of the subject pallet; P. Failing to determine and ensure the wooden pallet was appropriate and safe to be used during the transport of the plate girders/steel forms; q. Failing to inspect and assure that the cargo he was transporting was properly loaded and adequately secured for safe transport; r. Failing to inspect his load prior to, during and at the conclusion of transport as required by the Federal Motor Carrier Safety Regulations; S. Selecting and/or choosing the position and place to park his truck to unload his cargo. t. Improperly utilizing a pallet jack; U. Shifting, compromising and/or otherwise damaging the wooden pallet upon which the plate girders/steel forms were stacked either during loading, transporting, or movement after transport and before enlisting the aid of Defendant's employee to help Plaintiff to move Plaintiff's cargo to a position at the rear of Plaintiff's truck so it could be offloaded by Defendant; and V. Shifting, compromising and/or otherwise moving and/or attempting to move a damaged pallet of cargo. 24. The accident in question and Plaintiff's alleged injuries and damages were caused by the acts and/or omissions of individuals or entities over whom Defendant had no control, had no right to control and for whom Defendant is not responsible or legally liable, including but not limited to Plaintiff's acts or omissions set forth hereinabove, inadequate, improper and/or inappropriate training of Plaintiff, John R. Smith, by his employer, and/or the individuals or entities responsible for the pallet selection, for furnishing a defective pallet, for loading of the rented equipment on the pallet, unsecuring of the rented equipment on the pallet, and for safe securing and transport of same. 25. Defendant, Susquehanna Valley Construction Corporation, at all times relevant, was without knowledge or information concerning Plaintiff John R. Smith's inexperience, lack of experience, and lack of proper or appropriate safety training and precautions or alternatively, could not anticipate or foresee Plaintiff's actions or inactions in disregard of his experience and training. 26. The injuries and damages allegedly sustained by Plaintiff, John R. Smith, were not factually nor proximately caused by Defendant. 9 27. Defendant had no duty to warn Plaintiff, John R. Smith. 28. At all times relevant, Defendant, Susquehanna Valley Construction Corporation, through its agents, employees, servants and workmen, acted carefully, lawfully, properly and prudently, with due care under the circumstances, and in no way caused or contributed to the injuries and damages Plaintiff claims he is entitled to recover. 29. At all times relevant, the unloading process was being undertaken jointly by Plaintiff, John R. Smith and an employee of Defendant and Defendant's employee's participation in the unloading process was conducted in accordance and in compliance with the usual, customary and accepted standards in the highway construction industry at the time of the incident in question. 30. At all times relevant, the unloading process was being jointly undertaken by Plaintiff, John R. Smith, and an employee of Defendant. 31. Plaintiff's recovery for any alleged damages is barred or proportionately reduced because of Plaintiff's comparative negligence or fault in causing the accident in accord with the Pennsylvania Comparative Negligence Act. 32. In the event Plaintiff is entitled to recover any damages, which recovery Defendant specifically denies, Defendant invokes the prohibition against the imposition against Defendant of joint and several liability as set forth in 42 Pa. C.S.A. §7102(b. I.). 33. Defendant is entitled to set off from any recovery for the amount of any benefits paid or payable to or on behalf of the Plaintiff from any collateral source to the extent permissible under applicable law. 34. At all times relevant, Plaintiff, John R. Smith, was a licensee on the premises 10 where the incident occurred. 35. Plaintiff's injury and the damages which Plaintiff, John R. Smith, claims did not arise from the use or possession of the rented equipment pursuant to the Rental Agreement between Economy Forms Corporation and Susquehanna Valley Construction Corporation. 36. At the time of Plaintiff's accident, Defendant did not have possession or control of the rented equipment pursuant to the Rental Agreement between Economy Forms Corporation and Susquehanna Valley Construction Corporation. 37. At the time of Plaintiff's accident, Plaintiff had not yet delivered the rented equipment pursuant to the Rental Agreement between Economy Forms Corporation and Susquehanna Valley Construction Corporation. 38. Plaintiff's accident may have been caused as a result of the selection, use and/or condition of the wooden pallet upon which the steel plate girders had been stacked and secured. 39. Plaintiff's accident may have occurred as a result of one or more of the following events: a. Selection and use of a defective wooden pallet; b. Selection and use of an improper pallet; C. Improper loading of steel girders upon the wooden pallet; d. Improper securing of the steel girders onto the pallet; e. Improper loading of the pallet and steel girders on Plaintiff's truck; f. Improper securing of the pallet and steel girders on Plaintiff's truck; g. Shifting of the load (pallet and steel girders) during transport; and 11 h. Damage to the wooden pallet and the manner it was secured during loading of the plate girders onto the pallet, during loading and/or securing of the pallet and girders onto Plaintiffs truck, during transport and/or during movement of the pallet by Plaintiff before Defendant's employee was enlisted to assist Plaintiff in moving Plaintiff's cargo to the back of Plaintiff's truck in a position where it could be offloaded by Defendant. WHEREFORE, Defendant, Susquehanna Valley Construction Corporation, demands judgment in its favor and against the Plaintiff, together with costs of suit. GRIFFITH, By: Dated: 10 /13 10 W LERMAN, SOLYMOS & 41 ROBERT A. LERMAN, ESQ IRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corp 110 South Northern Way York, PA 17402 (717) 757-7602 12 VERIFICATION I, Mark Schug, hereby verify that the statements made in the foregoing Answer and New Matter of Defendant, Susquehanna Valley Construction Corporation, to Plaintiffs Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Dated: ID /0 /t9b By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 13 day of &t?? , 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Answer and New Matter of Defendant, Susquehanna Valley Construction Corporation, to Plaintiffs Complaint by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & BY: klr/svcc-amn Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 ca r n c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION : Defendant JURY TRIAL D PLAINTIFFS' REPLY TO NEW MATTER LVANIA AND NOW comes the Plaintiff, John R. Smith, by and through his counsel, Craig R. Milsten, Esquire, and files the foregoing Answer to Defendant's New Matter: 16. Denied. No responsive pleading required. 17. Denied. This paragraph states a conclusion of law to which no response is 18. Denied. This paragraph states a conclusion of law to which no response is 19. Denied. This paragraph states a conclusion of law to which no response is re quired. 20. Denied. This paragraph states a conclusion of law to which no response is re quired. 21. Denied. This paragraph states a conclusion of law to which no response is r quired. 22. Denied. This paragraph states a conclusion of law to which no response is r quired. 23. (a.-v.) Denied. These paragraphs state a conclusion of law to which n response is required. To the extent these paragraphs contain any allegations of fact, said legations are denied, strict proof demanded at trial. 24. Denied. These paragraphs state a conclusion of law to which no response is required. To the extent these paragraphs contain any allegations of fact, said allegations are denied, strict proof demanded at trial. 25. Denied. After reasonable investigation, answering party is without inform ion as to the truth of this averment as it relates to the knowledge of information available to Defendant. The remaining averments of this paragraph are denied as conclusions of law. 26. Denied. This paragraph states a conclusion of law to which no response is . Q. 27. Denied. This paragraph states a conclusion of law to which no response is 28. Denied. This paragraph states a conclusion of law to which no response is 29. Denied. This paragraph states a conclusion of law to which no response is re( extent these paragraphs contain any allegations of fact, said allegations are proof demanded at trial. 30. Denied, for the reasons set forth in the Complaint. 31. Denied. This paragraph states a conclusion of law to which no response is r 32. Denied. This paragraph states a conclusion of law to which no response is 33. Denied. This paragraph states a conclusion of law to which no response is 34. Denied. This paragraph states a conclusion of law to which no response is 35. Denied. This paragraph states a conclusion of law to which no response is 36. Denied. This paragraph states a conclusion of law to which no response is d. To the ied. strict 37. Denied. This paragraph states a conclusion of law to which no response is re uired. 38. Denied. This paragraph states a conclusion of law to which no response is required. 39. (a.-h.) Denied. This paragraph states a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's new matter and enter judgement as requested in Plaintiff's Complaint. Respectfully submitted, KATHERMAN, BRIGGS & Date: 11/3 10b BY: Craig R. Milsten, Esquire Supreme Court I.D. #77065 7 East Market Street York, PA 17401 (717) 848-3838 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing to New Matter set forth below by service by first class mail: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Dated: If '? 08 Respectfully submitted, KATHERMAN, BRIGGS & BY: ey, CP Je a H. Vlal rtifie P 7 East Market Street York, PA 17401 (717) 848-3838 'Reply z.,1 c-n _j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, No. 08-4157 vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED TO: EFCO Corp. t/d/b/a Economy Forms Corporation 1800 NE Broadway Avenue Des Moines, Iowa 50313 c/o CT Corporation System 1635 Market Street Philadelphia, PA 19103 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 (800) 9990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes pdginas, debe tomar acci6n dentro de los pro'ximos veinte (20) dias despues de la notificaci6n 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 acci6n 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 reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 (800) 9990-9108 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Robert A. Lerman, Esquire #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 S. Northern Way Dated: November 18, 2008 York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No. 08-4157 JURY TRIAL DEMANDED COMPLAINT OF DEFENDANT, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, TO JOIN ADDITIONAL DEFENDANT, EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION AND NOW, comes Defendant, Susquehanna Valley Construction Corporation, by its counsel Robert A. Lerman, Esquire, and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Complaint against Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, as follows: 1. Defendant, Susquehanna Valley Construction Corporation (hereinafter referred to as "SVCC"), is a Pennsylvania domestic corporation having a principal place of business at 175 Lamont Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, is a foreign business corporation believed to be incorporated pursuant to the laws of the state of Iowa and maintaining a principal place of business at 1800 NE Broadway Avenue, Des Moines, Iowa 50313 and authorized and conducting business, at all relevant times, in the Commonwealth of Pennsylvania. 3. Economy Forms Corporation is a registered fictitious name in the Commonwealth of Pennsylvania for EFCO Corp. 4. EFCO Corp. and EFCO Corp. t/d/b/a Economy Forms Corporation (hereinafter referred to as "EFCO") have a registered agent for the service of process in the Commonwealth of Pennsylvania in care of CT Corporation System, 1635 Market Street, Philadelphia, PA 19103. 5. Plaintiff instituted this civil action against original Defendant SVCC, by the filing of a Writ of Summons on July 11, 2008. A copy of Plaintiff's Praecipe for Writ of Summons and Writ of Summons issued by the Prothonotary of Cumberland County is attached and marked Exhibit 1. 6. On August 19, 2008, Defendant filed a Praecipe for a Rule Compelling Plaintiff to File a Complaint and on September 23, 2008, Plaintiff filed his Complaint against SVCC. A copy of Plaintiff s Complaint is attached and marked Exhibit 2. 7. In his Complaint, Plaintiff alleges that on August 2, 2006, he sustained injury at a construction site in or around Mechanicsburg, Pennsylvania related to efforts to unload steel forms also known as steel plate girders from Plaintiff's tractor trailer at a construction job site. 8. Plaintiff claims he sustained certain personal injuries to which he is entitled to economic and non-economic damages as a result of the accident described in his Complaint. 9. On October 14, 2008, Defendant filed an Answer with New Matter in response to Plaintiff's Complaint. A copy of Defendant's Answer and New Matter is attached as Exhibit I 10. On or about November 5, 2008, Plaintiff filed a Reply to Defendant's New Matter and a copy is attached and marked Exhibit 4. 11. At all times relevant including the date of the accident, August 2, 2006, Plaintiff was employed by Con-Way Central Express/Conway Trucking and at all times relevant was 2 f acting within the course and scope of his employment. 12. At all times relevant including the date of the accident, August 2, 2006, Plaintiff was transporting the steel forms also known as steel plate girders with a tractor and trailer owned, leased, possessed and/or under the control of his employer, Con-Way Central Express/Conway Trucking, at the request of EFCO. 13. At all times relevant to the allegations described in Plaintiff's Complaint, the steel forms also known as steel plate girders were owned by EFCO. 14. At all times relevant to the allegations described in Plaintiff's Complaint, the steel forms also known as steel plate girders in question had been shipped by EFCO utilizing Plaintiff's employer, Con-Way Central Express/Conway Trucking, as the motor carrier. 15. SVCC incorporates herein by reference the allegations set forth in its Answer and New Matter filed in response to Plaintiff's Complaint (Exhibit 3 hereto). 16. At all times relevant to the allegations described in Plaintiff's Complaint including the time of Plaintiff's accident, the steel forms also known as steel plate girders had not yet been delivered to the construction job site. 17. At all times relevant to the allegations described in Plaintiff's Complaint including the time of Plaintiff's accident, Defendant, SVCC, did not have possession or control of the steel forms also known as steel plate girders. 18. At all times relevant to the allegations described in Plaintiff's Complaint including the time Plaintiff's accident, the steel forms also known as steel plate girders were not in use by Defendant, Susquehanna Valley Construction Corporation. 19. At all times relevant to the allegations described in Plaintiff's Complaint including the time Plaintiff's accident, the steel forms also known as steel plate girders were not 3 t y in use for their intended purposes by Defendant, Susquehanna Valley Construction Corporation. 20. At all times relevant to the allegations described in Plaintiff's Complaint including the time of Plaintiff's accident, Plaintiff's injuries and any resulting damages did not arise from the use or possession of the steel forms also known as steel plate girders. 21. At all times relevant to the allegations described in Plaintiff's Complaint, EFCO acted by and through its authorized agents, representatives, servants, employees and workmen. 22. At all times relevant to the allegations described in Plaintiff's Complaint, Con- Way Central Express/Conway Trucking and/or Conway's employee Plaintiff Smith was an agent (apparent, implied or otherwise) of EFCO. 23. At all times relevant to the allegations described in Plaintiff's Complaint, Plaintiff's accident and resulting injuries occurred as the result of the negligence, carelessness and/or recklessness of EFCO which carelessness, recklessness and negligence consisted of one or more of the following events: a. Selection and use of a defective wooden pallet upon which the steel forms also known as steel plate girders in question were loaded; b. Selection and use of an improper pallet upon which the steel forms also known as steel plate girders in question were loaded; C. Selection and use of an undersized wooden pallet and/or pallet of insufficient design and/or construction for the size and/or weight of steel forms also known as steel plate girders placed upon it; d. Failing to ensure there were no defects in the wooden pallet upon which the steel forms also known as steel plate girders in question were stacked and/or failing to recognize a defective pallet; 4 e. Failing to inspect the wooden pallet selected prior to and subsequent to its selection and use; f. Improper loading of steel forms also known as steel plate girders upon the wooden pallet; g. Improper securing of the steel forms also known as steel plate girders onto the wooden pallet; h. Improper loading of the pallet and steel forms also known as steel plate girders on the Con-Way Central Express/Conway Trucking truck; i. Improper securing of the pallet and steel forms also known as steel plate girders on the Con-Way Central Express/Conway Trucking truck; j. Loading an excessive number and/or excessive total weight of steel forms also known as steel plate girders onto the wooden pallet selected and utilized; k. Shifting of the load (pallet) and/or steel forms also known as steel plate girders during transport; 1. Causing damage to the wooden pallet utilized at the time of loading of the steel forms also known as steel plate girders upon it; in. Damage to the wooden pallet during securing and/or transport on the Con- Way Central Express/Conway Trucking truck; n. Damage of the wooden pallet prior to delivery to the construction job site; o. Damage of the wooden pallet prior to completion of delivery to the construction job site; P. Damage of the wooden pallet prior to delivery of the steel forms also 5 M } known as steel plate girders to SVCC; q. Damage to the wooden pallet prior to SVCC's possession of the steel forms also known as steel plate girders; r. Damage to the wooden pallet prior to SVCC's use of the steel forms also known as steel plate girders; S. Damage to the wooden pallet prior to SVCC's use of the steel forms also known as steel plate girders for their intended purpose; and t. Negligence, carelessness and recklessness of EFCO's authorized agents and representatives including its motor carrier and its motor carrier's driver, John R. Smith, as more specifically set forth in Paragraph No. 23, subparagraphs a - v of Defendant's Answer and New Matter filed in response to Plaintiff's Complaint on October 14, 2008, which allegations are specifically incorporated herein by reference as if fully set forth at length. 24. If the allegations set forth in Plaintiff's Complaint and/or other pleadings of record are proven to be true, Plaintiff's injuries and damages were the direct and proximate result of and/or factually caused by the acts or omissions on the part of Additional Defendant, EFCO, and/or its agents, servants, representatives, employees and workmen as enumerated hereinabove. 25. The Plaintiff's injuries and damages were in no way caused by the acts or omissions of Defendant, SVCC, or its agents, employees, servants or workmen. 26. Defendant, SVCC, believes and therefore avers that if the Plaintiff sustained the injuries and damages as claimed and as described in his Complaint, said injuries and damages were caused as a direct and proximate result of and/or factually caused by the negligent, careless 6 and reckless acts or omissions on the part of Additional Defendant, EFCO, its agents, representatives, servants, employees and workmen as set forth hereinabove and therefore, Additional Defendant, EFCO, is liable to the Plaintiff and/or jointly or severally liable with SVCC and/or is liable over to SVCC for the causes of action complained of by Plaintiff in his Complaint. 27. Defendant, SVCC, believes and therefore avers that if the Plaintiff sustained the injuries and damages as claimed and described in his Complaint, Additional Defendant, EFCO, is liable over to SVCC, by virtue of common law contribution and/or indemnification for the causes of action complained of by Plaintiff in his Complaint. WHEREFORE, if Plaintiff is permitted to recover damages as alleged in his Complaint, which entitlement to recovery is hereby denied, then Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, is liable for all of the injuries and damages Plaintiff claims and is liable to original Defendant, Susquehanna Valley Construction Corporation, for any damages it may be required to pay to Plaintiff as a result of the negligent, careless and/or reckless acts or omissions by EFCO, its agents, representatives, servants and workmen. Respectfully submitted, GRIFFITH, STIjJCKLER, LERMAN, SOLYMOS & By: I k-4 V CM_ R/DBERT A. LERMA-N,'E9'QUflkE #07490 Attorney for Defendant, Susquehanna Valley Construction Corp 110 South Northern Way Dated: November 18, 2008 York, PA 17402 (717) 757-7602 7 VERIFICATION I, Mark Schug, hereby verify that the statements made in the foregoing Complaint of Complaint of Defendant, Susquehanna Valley Construction Corporation, to Join Additional Defendant, EFCO Corp. tld/b/a Economy Forms Corporation are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Date: /! AS By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLt/ANLA CIVIL ACTION - LAW JOHN R. SMITH 633 West College Avenue, York, PA 17401 Plaintiff v SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION 175 Lamont Street, New Cumberland, PA 17070 Defendant NO. c_eu)l 0 -n :4 M L rn C?3 M c F JURY TRIAL DEMAND _- 19 PRAECIPE FOR WRIT OF SUMMONS; _C_ TO THE PROTHONOTARY/CLERIC OF SAW COURT: Issue summons in trespass in the above case. "O a X Writ of Summons for Defendant Susquehanna Valley Construction Corporation shall be issued and forwarded to Sheriff. Date: 6 ka, I, Milsten, Esquire Alfo-mey for Plaintiff Supreme Court I.D. #77065 7 East Market Street c ra Fork, PA 17401 (717) 8483838 __X" C? CJ :;y R?:' =Z7 >V n'r ?? rri N SUMMONS IN CIVIL ACTION TO: Susquehanna Valley Construction Corporation YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Prothonotary, Civil Divis' Date: /I (S d by ccA Depu ? Te?fiirt?tly wfi? t ii?? tii1? ?t rY1y ria` {ndit oft r?-4 M0041369.1 Chi* A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant JURY TRIAL DEMANDED NOTICE NOTICE, TO PLEAD A VISO YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notices 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. USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenerse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a ]as demandas en su contra. You are warned that if you fail to do so, the case may proceed without you and a default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notifrcacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. Usted puede perder dinero, o propriedades o otros derechos importantes para. usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENDER ASISTEN CIA LEGAL. Lawyer Referral Service Cumberland County Clerk of Courts One Courthouse Square Carlisle, PA 17013-3387 717-240-6250 M0099569I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH : Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant JURY TRIAL DEMANDED COMPLAINT The Plaintiff, John R. Smith, by his attorneys, Katherman, Briggs & Greenberg, LLP, file this Complaint, and state the following: 1. The Plaintiff, John R. Smith is an adult individuals residing at 633 West College Avenue, York, Pennsylvania 17401. 2. The Defendant, Susquehanna Valley Construction Corporation is a Pennsylvania corporation with its principal place of business located at 175 Lamont Street, New Cumberland, Pennsylvania 17070. 3. At all times material to the events mentioned herein, the Defendant was in possession, ownership, and control of the premises upon which this accident occurred and the equipment used in this accident. 4. The Defendant, at all relevant times, acted through its respective employees, authorized agents, and/or servants, all of whom were acting within the course and scope of their employment. 5. The facts and occurrences hereinafter related took place on or about August 2, 2006 at M0044127.1 I a construction site in or around Mechanicsburg, Pennsylvania, which said construction on the site was managed, supervised or controlled by Defendant. 6. At all times material to the events mentioned herein, the Plaintiff, John R. Smith., was a business invitee on the premises of the aforementioned construction site. COUNT 1- NEGLIGENCE JOHN R. SMITH V. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION 7. Paragraphs 1 through 6 are incorporated herein by reference thereto. 8. On the aforesaid date at the aforementioned place, the Plaintiff, John R. Smith, was the driver of a tractor trailer transporting a load of steel forms to Defendant's construction site. Upon his arrival at the construction site, he was instructed as to where to park his truck so that it could be unloaded by a forklift operated by an employee, agent and/or servant of Susquehanna Valley Construction Corporation (hereinafter "Employee").. 9. The Employee had difficulty in removing the pallet of steel forms from the trailer. After several unsuccessful attempts, the Employee lowered one blade of the forklift and reinserted it into the pallet. The Employee proceeded to raise the blades without correcting the uneven blades, causing the pallet of steel to tip and break and causing the steel forms to fail on Plaintiff's legs, pinning him in the back of the trailer. 10. Plaintiff remained pinned under the steel as the Employee failed to take reasonable steps to obtain assistance in extricating him. 11. The Defendant was negligent in the following respects: A. Failing to properly and safely operate the forklift; B. Failing to properly train and instruct the Employee on the correct and safe M0044127.1 2 manner in which operate the forklift; C. Failing to instruct Plaintiff to park the tractor trailer on level ground for the safe unloading of the steel forms; D. Failing to assign the proper number of employees, agents and/or servants to assist in the unloading of the trailer; E. Failing to assign an employee(s); agent(s) and/or servant(s) with the proper physical requirements, including but not limited to visual acuity, to the task of unloading the trailer; F. Failing to properly inspect the pallet of steel forms before attempting to unload it from the trailer; G. Failing to observe all reasonable and necessary safety procedures in unloading the steel forms from the trailer; H. Failing to properly train and instruct the Employee on the proper action to take in the event of a workplace accident and/or medical emergency; 1. Failing to properly equip the Employee with communication tools necessary in the event of a workplace accident and/or medical emergency; J. Failing to act reasonably and promptly when the steel forms fell on the Plaintiff; and K. Failing to take all reasonable measures to ensure that the steel forms did not fall on the Plaintiff during the unloading process. 12. As a result ofthe Defendant's negligence, the Plaintiff sustained severe personal injuries, including, but not limited to, injuries to his legs, including am open tibia fracture with peroneal nerve M0044127.1 3 injury requiring surgery, back pain, and Post-Traumatic Stress Disorder. 13. As a result of the aforesaid incident and injuries sustained by Plaintiff, caused by the negligence of the Defendant, Plaintiff, John R. Smith, has sustained or will sustain the following damages: a. pain and suffering; b. embarrassment, humiliation, and mental anxiety; c. loss of life's enjoyment; d. incidental costs; e. scarring; f. past, present and future loss of wages; g. loss of earning capacity; and h. past, present and future medical costs. 14. Defendant's negligence was a substantial factor in causing Plaintiff's injuries and damages. 15. Plaintiff avers that his damages exceed the applicable limits of arbitration and, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff, John R. Smith, respectfully requests that the court enter judgment against Defendant, for damages in an amount in excess of the arbitration threshold, together with interest, costs of suit, and delay damages, together with interest and costs as allowed by law. M0044127.1 4 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP Date: BY: ,,!'? ---- "-- Craig R. Milsten, Esquire Supreme Court I.D.#77065 7 East Market Street York, PA 17401 (717) 848-3838 telephone (717) 848-9039 facsimile cmilstengkbglaw.com Attorneys for the Plpintiff, John R. Smith M0044 ] 27. ] CERTIFICATE OF SERVICE I hereby certify that I have this date attempted service of a copy of the foregoing Complaint as set forth below by Sheriff: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 By: Date: q(7'e' Oct RESPECTFULLY SUBMITTED, KATVEJMAN, BRIGGS,& GREENBERG, LLP 7 E. Ma1:IEet Street York, Pa. 17401 (717) 848-3838 CP M0044127.1 6 IN THE COURT OF COMA NION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH. Vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. TO: John R. Smith, Plaintiff c/o Craig R. Milsten, Esquire Kathennan, Briggs & Greenberg 7 E. Market Street York, PA 17401 NOTICE TO PLEAD Civil Action - Lake (-) C: N r No. 08-4157 s li p ° l 1 JURY TRIAL Df NDfD Cn You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALAINS klr/svec-anm BY: Robert A. Lerman, Esquq (#0740 Attorney for Defendant, Susque anna Valley Construction Corporation 1 10 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Susquehanna Valley Construction Corporation, by its counsel Robert A. Lerman and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Answer and New Matter to Plaintiff's Complaint as follows: COUNT I - NEGLIGENCE 1. Admitted upon information and belief. 2. Admitted. 3. Denied. It is denied that at all times material to the events described in Plaintiff's Complaint, that the Defendant was in possession, ownership and control of the premises upon which this accident occurred or in possession and control of the equipment used in this accident. On the contrary, it is averred that Defendant did not own nor control the premises upon which this accident occurred. It is further averred that Defendant did not own and was not yet in possession of nor was Defendant using the rented equipment which Plaintiff had transported. By way of further answer, it is averred that Plaintiff, John R. Smith and an employee of Defendant, were in the process of jointly unloading steel plate girders from Plaintiff's truck, which girders were stacked on a wooden pallet when the incident occurred. 4. Admitted. r 5. Denied. It is denied that the facts and occurrences as described in Plaintiff's Complaint occurred as Plaintiff describes. By way of further response, it is admitted that an incident occurred on August 2, 2006, at a construction site in or around Mechanicsburg, Pennsylvania where Defendant's employees were working. The remaining allegations of Paragraph No. 5 are denied as stated and strict proof thereof is demanded. 6. Denied. To the extent the allegations set forth in Paragraph No. 6 constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that Plaintiff, John R. Smith, was a business invitee at the construction site and averred to the contrary that Mr. Smith's legal status is at issue. COUNT I - NEGLIGENCE JOHN R. SMITH V. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION 7. Defendant, Susquehanna Valley Construction, incorporates herein by reference, as if fully set forth at length, its Answers to Paragraph Nos. 1 - 6 inclusive, as set forth hereinabove. 8. Admitted in part and denied in part. It is admitted, upon information and belief, that on August 2, 2006, Plaintiff, John R. Smith, was the driver of a tractor trailer transporting a load of steel forms (i.e., plate girders) to a construction site near the Pennsylvania Turnpike (I- 76) and Route 15 (Gettysburg). It is denied that upon arrival at the jobsite, Plaintiff was instructed as to where to park his truck so that it could be unloaded by a forklift operated by an employee, agent and/or servant of Susquehanna Valley Construction Corporation. On the contrary, it is averred that Plaintiff was given options as to where he could park his truck for the unloading process and Plaintiff thereafter selected the location, parked his trick and began to move his cargo toward the back of his truck himself and subsequently continued jointly with one 2 of Defendant's employees whereby Plaintiff directed, instructed and otherwise controlled the process in order to move his cargo to a position within his truck such that it could be offloaded by Defendant. By way of further response, it is averred that at all times relevant, Defendant and its employees, agents, servants, workmen and representatives acted carefully, lawfully, properly and prudently with due care under the circumstances, fulfilling any duties or obligations legally owed to the Plaintiff, John R. Smith, and strict proof to the contrary is hereby demanded. 9. Denied. It is denied that Defendant's employee had difficulty in removing the pallet of steel forms from the trailer. It is further denied that after several unsuccessful attempts, Defendant's employee lowered one blade of the forklift and reinserted it into the pallet. On the contrary, it is averred that at all times relevant, Plaintiff was engaged in attempting to move his cargo to a position within his truck such that it could be offloaded by Defendant and it is further averred that at all times relevant, Plaintiff was engaged in and directing, supervising and otherwise controlling the process to move his cargo to a position in his truck where it could be offloaded by Defendant. By way of further response, it is averred that Defendant's employee did not cause the steel forms to fall on Plaintiff's legs but rather the cause of Plaintiff's injuries and damages claimed was due to the conditions caused or created by and/or acts or omissions of entities or individuals other than Answering Defendant as more fully set forth hereinafter in Defendant's New Matter. 10. Denied. It is denied that Plaintiff remained pinned under the steel as the employee failed to take reasonable steps to obtain assistance in extricating him. On the contrary, Defendant's employee did not fail to take reasonable steps to obtain assistance in extracting Plaintiff and averred to the contrary that at all times relevant, Answering Defendant's employees 3 acted carefully, lawfully, properly and prudently with reasonable care under the circumstances existing. It. Denied. It is denied that the Defendant was negligent in the following respects: a. Failing to properly and safely operate the forklift; b. Failing to properly train and instruct the employee on the correct and safe manner in which operate the forklift; C. Failing to instruct Plaintiff to park the tractor trailer on level ground for the safe unloading of the steel forms; d. Failing to assign the proper number of employees, agents and/or servants to assist in the unloading of the trailer; e. Failing to assign an employee(s), agent(s) and/or servant(s) with the proper physical requirements, including but not limited to visual acuity, to the task of unloading the trailer; f. Failing to properly inspect the pallet of steel forms before attempting to unload it from the trailer; g. Failing to observe all reasonable and necessary safety procedures in unloading the steel forms from the trailer; h. Failing to properly train and instruct the employee on the proper action to take in the event of a workplace accident and/or medical emergency; i. Failing to properly equip the employee with communication tools necessary in the event of a workplace accident and/or medical emergency; J. Failing to act reasonably and promptly when the steel forms fell on the Plaintiff; and 4 k. Failing to take all reasonable measures to ensure that the steel forms did not fall on the Plaintiff during the unloading process. On the contrary, it is averred that at all times relevant, Plaintiff was engaged in attempting to move his cargo to a position within his truck such that it could be offloaded by Defendant and it is further averred that at all times relevant, Plaintiff was engaged in and directing, supervising and otherwise controlling the process to move his cargo to a position in his truck where it could be offloaded by Defendant. It is further averred that at all times relevant, Defendant and its employees, agents, servants, workmen, and representatives, acted carefully, lawfully, properly and prudently with due care under the circumstances fulfilling any duties or obligations legally owed to the Plaintiff, John R. Smith, and strict proof to the contrary is hereby demanded. 12. Denied. It is denied that the Defendant was negligent such that Plaintiff's injuries were the result thereof. The remaining allegations of Paragraph No. 12 of Plaintiff's Complaint are denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations with respect to Plaintiff's damages and same are denied and strict proof thereof demanded. 13. Denied. It is denied that the Defendant was negligent such that Plaintiff's injuries were the result thereof. The remaining allegations of Paragraph No. 13 of Plaintiff's Complaint are denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations with respect to Plaintiff's damages and same are denied and strict proof thereof demanded. 14. Denied. The allegations set forth in Paragraph No. 14 constitute a conclusion of law to which no response is required. To the extent a response is required, it is specifically denied that Defendant's negligence was a substantial factor or the factual cause of Plaintiff's 5 injuries and damages. On the contrary, it is averred that at all times relevant, Defendant and its employees, agents, servants, workmen, and representatives, acted carefully, lawfully, properly and prudently with due care under the circumstances fulfilling any duties or obligations legally owed to the Plaintiff, John R. Smith, and strict proof to the contrary is hereby demanded. 15. Denied. The allegations set forth in Paragraph No. 15 constitute a conclusion of law to which no response is required. To the extent a response is required, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations as to the value of Plaintiff s claim at this time and same is denied and strict proof thereof demanded. WHEREFORE, Defendant, Susquehanna Valley Construction Corporation, demands judgment in its favor and against the Plaintiff, John R. Smith, together with costs of suit. By way of further Answer, Defendant, Susquehanna Valley Construction Corporation, asserts the following: NEW MATTER 16. Defendant, Susquehanna Valley Construction Corporation, incorporates herein by reference, as if fully set forth at length, its Answers to Paragraph Nos. 1 - 15 inclusive, as set forth hereinabove. 17. Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 18. Plaintiff's Complaint may be barred by applicable statutes of limitations. 19. Plaintiffs claims are barred due to the expressed or implied assumption of the risk of the Plaintiff, John R. Smith. 20. Plaintiff's claims may be barred by the Doctrines of Res Judicata, Collateral Estoppel, and/or Claim Preclusion. 6 21. Plaintiff's claims may be barred of the Doctrines of Laches, Estoppel and/or Waiver or Release. 22. Plaintiff may have failed to mitigate his damages, which damages are expressly denied, and recovery by Plaintiff is accordingly barred or should be substantially reduced. 23. Plaintiff's claims are barred and/or diminished by the comparative and/or contributory negligence of Plaintiff, John R. Smith, pursuant to Pennsylvania's applicable Comparative Negligence Statute including but not limited to his negligence, carelessness and recklessness as follows: a. Standing or locating himself in a position of danger; b. Alternatively standing or locating himself in a position of danger when he had no reasonable or necessary purpose for doing so; C. Failure to keep a proper lookout; d. Failure to take appropriate precautions and safety measures to prevent or minimize his risk of injury; e. Failure to act reasonably and carefully for his own safety; £ Disregarding obvious and apparent signs of danger about which he knew or should have known; g. Disregarding usual, reasonable and customary safety practices; h. Failing to heed any warnings given to him; i. Locating himself in a zone of danger in specific disregard to his training and instruction; 7 j. Locating himself in a zone of danger in specific disregard to prior warnings given to him by his supervisors and/or superiors and/or co- workers; k. Participating in activities of his employment for which he may have had inadequate or improper training and experience; 1. Disregarding his training and experience and placing himself in a position of peril; M. Improperly loading and securing his cargo; n. Failing to ensure there were no defects in the wooden pallet upon which the plate girders/steel forms were stacked and/or failing to recognize a defective pallet; o. Failing to determine and ensure the wooden pallet selected was appropriate for its intended use and/or failing to recognize an inappropriate use of the subject pallet; P. Failing to determine and ensure the wooden pallet was appropriate and safe to be used during the transport of the plate girders/steel forms; q. Failing to inspect and assure that the cargo he was transporting was properly loaded and adequately secured for safe transport; r. Failing to inspect his load prior to, during and at the conclusion of transport as required by the Federal Motor Carrier Safety Regulations; S. Selecting and/or choosing the position and place to park his truck to unload his cargo. t. Improperly utilizing a pallet jack; 8 • r U. Shifting, compromising and/or otherwise damaging the wooden pallet upon which the plate girders/steel forms were stacked either during loading, transporting, or movement after transport and before enlisting the aid of Defendant's employee to help Plaintiff to move Plaintiff's cargo to a position at the rear of Plaintiff's truck so it could be offloaded by Defendant; and V. Shifting, compromising and/or otherwise moving and/or attempting to move a damaged pallet of cargo. 24. The accident in question and Plaintiff's alleged injuries and damages were caused by the acts and/or omissions of individuals or entities over whom Defendant had no control, had no right to control and for whom Defendant is not responsible or legally liable, including but not limited to Plaintiff's acts or omissions set forth hereinabove, inadequate, improper and/or inappropriate training of Plaintiff, John R. Smith, by his employer, and/or the individuals or entities responsible for the pallet selection, for furnishing a defective pallet, for loading of the rented equipment on the pallet, unsecuring of the rented equipment on the pallet, and for safe securing and transport of same. 25. Defendant, Susquehanna Valley Construction Corporation, at all times relevant, was without knowledge or information concerning Plaintiff John R. Smith's inexperience, lack of experience, and lack of proper or appropriate safety training and precautions or alternatively, could not anticipate or foresee Plaintiff's actions or inactions in disregard of his experience and training. 26. The injuries and damages allegedly sustained by Plaintiff, John R. Smith, were not factually nor proximately caused by Defendant. 9 27. Defendant had no duty to warn Plaintiff, John R. Smith. 28. At all times relevant, Defendant, Susquehanna Valley Construction Corporation, through its agents, employees, servants and workmen, acted carefully, lawfully, properly and prudently, with due care under the circumstances, and in no way caused or contributed to the injuries and damages Plaintiff claims he is entitled to recover. 29. At all times relevant, the unloading process was being undertaken jointly by Plaintiff, John R. Smith and an employee of Defendant and Defendant's employee's participation in the unloading process was conducted in accordance and in compliance with the usual, customary and accepted standards in the highway construction industry at the time of the incident in question. 30. At all times relevant, the unloading process was being jointly undertaken by Plaintiff, John R. Smith, and an employee of Defendant. 31. Plaintiff's recovery for any alleged damages is barred or proportionately reduced because of Plaintiff's comparative negligence or fault in causing the accident in accord with the Pennsylvania Comparative Negligence Act. 32. In the event Plaintiff is entitled to recover any damages, which recovery Defendant specifically denies, Defendant invokes the prohibition against the imposition against Defendant of joint and several liability as set forth in 42 Pa. C.S.A. §7102(b.1.). 33. Defendant is entitled to set off from any recovery for the amount of any benefits paid or payable to or on behalf of the Plaintiff from any collateral source to the extent permissible under applicable law. 34. At all times relevant, Plaintiff, John R. Smith, was a licensee on the premises 10 where the incident occurred. 35. Plaintiff's injury and the damages which Plaintiff, John R. Smith, claims did not arise from the use or possession of the rented equipment pursuant to the Rental Agreement between Economy Forms Corporation and Susquehanna Valley Construction Corporation. 36. At the time of Plaintiff's accident, Defendant did not have possession or control of the rented equipment pursuant to the Rental Agreement between Economy Forms Corporation and Susquehanna Valley Construction Corporation. 37. At the time of Plaintiff's accident, Plaintiff had not yet delivered the rented equipment pursuant to the Rental Agreement between Economy Forms Corporation and Susquehanna Valley Construction Corporation. 38. Plaintiff's accident may have been caused as a result of the selection, use and/or condition of the wooden pallet upon which the steel plate girders had been stacked and secured. 39. Plaintiff's accident may have occurred as a result of one or more of the following events: a. Selection and use of a defective wooden pallet; b. Selection and use of an improper pallet; C. Improper loading of steel girders upon the wooden pallet; d. Improper securing of the steel girders onto the pallet; e. Improper loading of the pallet and steel girders on Plaintiff's truck; f. Improper securing of the pallet and steel girders on Plaintiff's truck; g. Shifting of the load (pallet and steel girders) during transport; and II h. Damage to the wooden pallet and the manner it was secured during loading of the plate girders onto the pallet, during loading and/or securing of the pallet and girders onto Plaintiff's truck, during transport and/or during movement of the pallet by Plaintiff before Defendant's employee was enlisted to assist Plaintiff in moving Plaintiff's cargo to the back of Plaintiff's truck in a position where it could be offloaded by Defendant. WHEREFORE, Defendant, Susquehanna Valley Construction Corporation, demands judgment in its favor and against the Plaintiff, together with costs of suit. GRIFFITH, STJiCKLER, LERMAN, SOLYMOS & By: Dated: )0,113 Io ? r e7? ROBERT A. LERMAN, ESQ IRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corp 110 South Northern Way York, PA 17402 (717) 757-7602 12 ' VERIFICATION I, Mark Schug, hereby verify that the statements made in the foregoing Answer and New Matter of Defendant, Susquehanna Valley Construction Corporation, to Plaintiffs Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Dated: /D /a D By: ?IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, No. 08-4157 Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE } I*h AND NOW, this " day of 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Answer and New Matter of Defendant, Susquehanna Valley Construction Corporation, to Plaintiffs Complaint by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & BY: klr/svcc-anm Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 0 all IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW comes the Plaintiff, John R. Smith, by and through his counsel, Craig R. Milsten, Esquire, and files the foregoing Answer to Defendant's New Matter: 16. Denied. No responsive pleading required. 17. Denied. This paragraph states a conclusion of law to which no response is required. 18. Denied. This paragraph states a conclusion of law to which no response is required. 19. Denied. This paragraph states a conclusion of law to which no response is required. 20. Denied. This paragraph states a conclusion of law to which no response is required. 21. Denied. This paragraph states a conclusion of law to which no response is required. 22. Denied. This paragraph states a conclusion of law to which no response is required. 23. (a.-v.) Denied. These paragraphs state a conclusion of law to which no response is required. To the extent these paragraphs contain any allegations of fact, said allegations are denied, strict proof demanded at trial. 24. Denied. These paragraphs state a conclusion of law to which no response is required. To the extent these paragraphs contain any allegations of fact, said allegations are denied, strict proof demanded at trial. 25. Denied. After reasonable investigation, answering party is without information as to the truth of this averment as it relates to the knowledge of information available to Defendant. The remaining averments of this paragraph are denied as conclusions of law. 26. Denied. This paragraph states a conclusion of law to which no response is required. • s 27. Denied. This paragraph states a conclusion of law to which no response is required. 28. Denied. This paragraph states a conclusion of law to which no response is required. 29. Denied. This paragraph states a conclusion of law to which no response is required. To the extent these paragraphs contain any allegations of fact, said allegations are denied, strict proof demanded at trial. 30. Denied, for the reasons set forth in the Complaint. 31. Denied. This paragraph states a conclusion of law to which no response is required. 32. Denied. This paragraph states a conclusion of law to which no response is required. 33. Denied. This paragraph states a conclusion of law to which no response is required. 34. Denied. This paragraph states a conclusion of law to which no response is required. 35. Denied. This paragraph states a conclusion of law to which no response is required. 36. Denied. This paragraph states a conclusion of law to which no response is required. 37. Denied. This paragraph states a conclusion of law to which no response is required. 38. Denied. This paragraph states a conclusion of law to which no response is required. 39. (a.-h.) Denied. This paragraph states a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's new matter and enter judgement as requested in Plaintiff's Complaint. Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG Date: It 3 LOA BY: Craig R. Milsten, Esquire Supreme Court I.D. #77065 7 East Market Street York, PA 17401 (717) 848-3838 Attorneys for Plaintiff r a CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Plaintiffs' Reply to New Matter set forth below by service by first class mail: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South NorthernWay York, PA 17402 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG BY: Dated: ( 3 0 g 7 East Market Street York, PA 17401 (717) 848-3838 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, VS. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 18'h day of November, 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Complaint of Defendant, Susquehanna Valley Construction Corporation, to Join Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STWKLER, LERMAN, SOLYMOS & BY: l..<1 "k Robert A. Lerman, Esquire #07 90 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc joinder York, PA 17402 (717) 757-7602 ti:? -;? ;_ ?? r ,?. " S ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant,. vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Susquehanna Valley Construction Corporation certifies that: (1) A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served, (2) A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate, (3) The attorney for the Plaintiff has waived the notice period, per the attached Waiver, and (4) The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, S RICKLER, LERMAN, SOLOS & CALKINS BY Robert A. Lerman, Esgfiire ID #07490 Attorney for the Defendant 110 South Northern Way Dated: December 9, 2008 York, PA 17402 (717) 757-7602 2 fN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Craig R. Milsten, Esquire, attorney for Plaintiff, hereby waive the twenty (20) day Notice of Intent to Serve Subpoenas pursuant to 4009.22. I further have no objection the Defendant serving the Subpoenas directed to the following providers upon the filing of this Waiver: I. Wellspan Behavioral Health; 2. Casey Lehman, Psy.D., Polly M. Rost, Ph.D., Rost & Associates; 3. Blume Rehabilitation Consultants; 4. Orthopedic and Spine Specialists; 5. USPT Services d/b/a Alliance Rehab; 6. Hershey Medical Center (including the Orthopedic Division, the Radiology Department, the Anesthesia Division, Trauma Surgeon Division); 7. Ambulatory Surgery Center; 8. Bruce D. Klaskin, D.O., HealthSouth Rehab of York, Inc.; 9. Miller DiPietro Radiology; 10. West Shore EMS; 11. Health E Systems; 12. Pennsylvania Turnpike Commission; 13. Penn State Hershey, Life Lion EMS; 14. Commissioner, Pennsylvania State Police; 15. Con-Way Central Express (accident investigation file); and 16. Con-Way Central Express (transport file). Dated: Gr/ R. Milsten, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, intends to serve Subpoenas 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 Subpoenas. If no objection is made, the Subpoenas maybe served. GRIFFITH, S BY: Date: December 1, 2008 LERMAN, SOLYMOS & ROBERT A. LERMAN; ESQWIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way_ York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, No. 08-4157 Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wellspan Behavioral Health, 1600 S. George Street, York, PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records including but not limited to records from the Stone Bridge New Freedom facility as well as Mt. Rose Avenue facility as well as Mt. Rose Avenue facility and Dr. Todd Muneses pertaining to John R. Smith; Date of Birth: 12105165; Social Security No. 209-60-7254 from August Z. 1996, up to the present. at: Griffith, Strickler, Lerman, Solvmos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Casey Lehman, Psy.D., Polly M. Rost, Ph.D., Rost & Associates, 807 S. George Street, York, PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 from August 2, 1996, up to the present. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Blume Rehabilitation Consultants, (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: Your complete file, including but not limited to medical records or reports, office notes, reports, records, memoranda, correspondence and any other documents pertaining to John R. Smith; Date of Birth: 12105165; Social Security No. 209- 60-7254. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. : No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic and Spine Specialists, 1855 Powder Mill Road, York, PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to John R. Smith; Date of Birth: 12/05165; Social Security No. 209-60-7254. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Vallev Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: USPT Services d/b/a Alliance Rehab, (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: Your complete file, including but not limited to medical records or reports, office notes, reports, records, memoranda, correspondence and any other documents pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209- 60-7254. at: Griffith Strickler Lerman Solymos & Calkins 110 S Northern Wav York PA 17402-3737 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: ADDRESS: TELEPHONE: SUPREME COURT ID ATTORNEY FOR: ROBERT A. LERMAN, ESQ. GRIFFITH STRICKLER LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Hershey Medical Center (including the Orthopedic Division, the Radiology Department, the Anesthesia Division, Trauma Surgeon Division), Attn: Records Custodian, 500 University Drive, PO Box 850, Hershey, PA 17033-0850 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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, emergency room reports, admission and discharge summaries and records and reports of examinations, billing and billing records and any other medical records of any kind from January 1, 2000, to the present pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Wav York PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Ambulatory Surgery Center, (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Wav York PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bruce D Klaskin D O HealthSouth Rehab of York, Inc., York, PA (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254. at: Griffith Strickler Lerman Solymos & Calkins 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Miller DiPietro Radiology, 1750 5th Avenue, Suite 305, York, PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254. at: Griffith, Strickler, Lerman, Solvmos & Calkins, 110 S. Northern Wav York PA 17402-3737 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: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore EMS, 205 Grandview Avenue, Camp Hill, PA 17011-1708 (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 records pertaining to an emergency call on August 2, 2006, at the construction for the bridge abutments at Route 15 and 1-76 (PA Turnpike) involving John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60- 7254 but not limited to your trip report and a list of the names and addresses of all crew members. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Vallev Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, Civil Action - Law No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Health E Systems 5109 W Lemon Street Suite A, Tampa, FL 33609 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Your complete file, including but not limited to medical records or reports, office notes, reports, records, memoranda, correspondence, medical prescriptions, computer pharmacy records and any other documents pertaining to John R. Smith; Date of Birth: 12/05165; Social Security No. 209-60-7254. at: Griffith Strickler Lerman Solymos & Calkins 110 S. Northern Way, York, PA 17402-3737 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania Turnpike Commission, Central Office, P.O. Box 67676, Harrisburg, PA 17106-7676 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 reports, records or file pertaining to an accident on August 2, 2006, at the construction for the bridge abutments at Route 15 and 1-76 (PA Turnpike) involving John R. Smith; Date of Birth: 12/05165; Social Security No. 209-60- 7254. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susauehanna Vallev Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commissioner Pennsylvania State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110-9758 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: The complete investigation file, statements, photographs, interview notes and any other documentation regarding an investigation of and/or response to to an accident that occurred on August 2, 2006, at the construction for the bridge abutments at Route 15 and 1-76 (PA Turnpike) involving John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 while unloading a Con-Way Freight tractor trailer including any investigation by Trooper Marzcal. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Penn State Hershey, Life Lion EMS, 500 University Drive, P.O. Box 850, HS88 Hershey, PA 17033 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 records pertaining to an emergency call on August 2, 2006, at the construction for the bridge abutments at Route 15 and 1-76 (PA Turnpike) involving John R. Smith; Date of Birth: 12105165; Social Security No. 209-60- 7254 but not limited to your trip report and a list of the names and addresses of all crew members. at: Griffith, Strickler, Lerman, Solvmos & Calkins 110 S. Northern Wav York PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Wav York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Con-Way Central Express P.O. Box 4670, Portland OR 97208-4570 Attn: Randy Hack Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete accident investigation file relating to an accident that occurred on August 2, 2006, involving your employee, John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254, at the construction for the bridge abutments at Route 15 and 1-76 (PA Turnpike). at: Griffith Strickler Lerman Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Con Way Central Express P.O. Box 4670, Portland OR 97208-4570 Attn: Randy Hack Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete file relating to the transport of cargo as reflected on the attached bill of lading attached and marked Exhibit A including but not limited to contracts with EFCO, communications with EFCO (written and electronic), purchase orders, invoices, shipping orders, sales orders, pick up and delivery documentation, instructions and documentation, loading documentation, transport documentation including any cargo being hauled by John R. Smith; Date of Birth: 12105165; Social Security No. 209-60-7254 on August 2, 2006. at: Griffith Strickler Lerman Solymos & Calkins 110 S Northern Wav York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary ?, 3e seiuoaamng BILL OF LADING r A STRAIGHT BILL OF LADING - SHORT _ FORM - ORIGINAL - Not negotiable. al. 4M Contract Number. 0605123_01 Received, subject to the classifications and Shipment Number: 230388 - __ tariffs in effect on the date of the Bill of Lading. 05836 Customer Number: CON-WAY CENTRAL EXPRESS 217-570872 Revision Number: 002 AT: MARLBORO, NJ 07746 DATE: 01AUG06 FROM: EFCO CORP. the property described below, in apparent good order, except as noted (contents and congpon of packages unknown), marked consigned, and F i destined as indicated below, which said tamer (the word tamer being understood (hroughout this contract as meaning any person or corporation :n or sh pment per instructions of EFCO CORP. possession of the property under the contract) agrees to carry to its usual place of delivery at said destination, if on its route. otherwise to deliver to Subject to Section 7 of conditions of appal big of another carner on the route to said destination. It is mutually agreed, reed. as to each carrier of all or any of said y g y property overall or any portion of said Lading. H this shipmenl is to be delivered to the consignee route to destination, and as to each party at any time interested in all or any of said property that every service to be performed hereunder shall be without remurse an 0e consignor, fie mnsgnor shag sign the ( lg rg statement subject to all the terms and conditions of the Uniform Domestic straight Bill of Lading set forth (1) in Uniform Freight Classification m effect on the The Omer shag nol make delivery of this shpmenl date hereof, if this is a rail or rail-water shipment, or O 2 in the applicable motor carrier classification or tariff if this is a motor carrier shipment . w+lhout payment of freight and .11 other I.M.f cf+mges. Shipper herby certificates that he is familiar with all the terms and conditions of the said bill of lading, including those on the back thereof. set forth in the classification or tariff which governs the tranportation of this shipment, and the said terms and conditions are hereby agreed to by the shipper and accepted for himself and his assigns. (Signature of Consignor) The fibre boxes used for INS shipment conform to the specifications set forth in the box maker's certificate theron, and all other requirements cf 1l charges are W be prepaid wale or scamp here 1. be Rule 41 of the consolidation Freight Classification. "Shippers impnnt,n lieu of stamp: not a part of bill of lading approved by the Interstate arena" Commerce .ommission." Prepaid Pe.,. S Consigned To: SUSQUEHANNA VALLEY CONST. CORP. mappYiu are Payment of the charges on the property PA TURNPIKE (1-76) AT GETTYSBURG EXIT Agent or hereon Agent or Cashier CAMPHILL, PA Per 17011 Jill signaWre here acknowtedgee only the amount wopaid.) Phone: (717) 774-7461 FOR CARRIER CONVENIENCE ONLY Chages Advanmd$ No. Pkgs. Kind of packages, Description ofArticies, Special Markings, And Exceptions STEEL FORMS FOR CONCRETE CONSTRUCTION AND ACCESSORIES KDNOI ITEM 75915 DENSITY > 50 LBS PER CU. FT. CLASS 50 Bill To: 2 Bundle(s) (As per attached packing list) II ?? I111? NI I? ? ?? ? ? I ? I I I ?? I I I r? 1111111 I I I II 1111 i I i I i I 17.570872 OTN's 2 '_. EXHIBIT Per: EFCO CORl. Per: r Customer Signature Print i _ Per: * * WARNING * * Driver responsible for tie down. Equipment may be coated with lubricant. Load can shift if not properly secured. TOTAL WEIGHT: 2.660 Agent (Required) (Person signing for equipment is responsible for packing list) Carrier Sequentially Numbered Shipments File Warehouse File Customer Territory Manager Field Service 3655 Shipment Detail oPIC3655i gYe • Project Number: 0605123 Project Description: MISC. PANEL RENTAL Agreement: 0605123 Job Description: PA TURNPIKE - GETTYSBURG INT. Job Part: 01 of 01 Job Part Description 2R X 6' PLATE GIRDERS Customer Number: 05836 Customer Name: SUSQUEHANNA VALLEY CONST. CORP. Customer PO #: Contact Info First Name: Last Name: Phone Number: Cell Phone Number: Fax Number: Email Address: Shipment Number: 230388 Truck Line: NJ CCX - CON-WAY CENTRAL EXPRESS Date Shipped: 01AUG06 Pro Number: 217-570872 Date Lease Starts: 01AUG06 Ship: Prepaid 81112006 3:03 pm S District: PITTSBURGH Territory Mgr: MARTUCCI, JOHN (563) Revision: 002 Date Entered: 01AUG06 Entered By: JOAN WULACH Location: MARLBORO Unit Unit Total Line N-R Quantity Item # L-S-O Description Area Weight Weight 001 R 10 06801 L Plate Girders 2'-6"R x 6'-0 15.00 266.00 Shipping Address: CAMPHILL, PA 17011 III ? I I 2,660.00 Lease Weight 2660.00 Sale Weight: Total Weight: 2.660.00 Equipment is listed in ascending sequence by item family Page 1 of 1 W W W.CON-WAY.COM rci?. c?nn 1R,1 x[1011 g a IIIIIIIIIIIill111111111111Jill CON IGNEE r.mwy INVOICE NUMBER REFER TO THIS NUMBER. I EQUIP. NWMBER t DATE ORIGIN OUR REVENUE ADVANCE BEYOND DESTINATION 1 00 CONSIGNEE SHIPPER'S NUMBER (::rii i 2,;t rlr:l:: L IL. 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L, I F, :)F:: M ;ih CONSIGNEE s SHIPPER'S NUMBER INVOICE NUMBER SHIPPER BILL TO I ll llli 1111! 11111 !1111 INI111111 lllit 11111 l??ll lll# 1111 # PCS. HM DESCRIPTION OF ARTICLES AND MARKS WEIGHT (LBS) RATE TOTAL CHARGES (•a )L! I:r.Ir?kjK 3KI"!F:1. I t)E:R ti.6hf' I1f1Y F'F:I:C):#i A t-4 F. C H(-,F: (:, E"3 h?(, s.3 •f SE' ,r ?r1:+;::ia i?'i..l:•:r'i'L):: ,.;r'ii..l.., i;r;'i"i?i'rl'.. I:1 ):,?'(irrL.::i +;'; I' '32, --:3,06•-1010 FXL..( f:Ri°) . sl,(IL. ? DO ,.101.. ;-I .}1_.i: :J' -; AL.!_ 1:H.1,FF"ER 1Mi~I:1iEATE. L..f 1: F? ': i i •i :t: F: r1 F: i?!')' :I. ? ii li:: L. r? Y l?: I:I . 1 ? INSIDE DELIVERY SHRINK WRAP INTACT? ? YES ONO ? LIFT GATE SERVICE 1 ? RESIDENTIAL DELIVERY DUNS # ? CONSTRUCTIONIUTILITY SITE GuIr(,(/Hv. WW.CON-WAY.COM 11111111111111111111111111Jill CONSIGNEE ? INREFER TO THIS VOICE NUMBER EQUIP. NUMBER DATE ORIGIN OUR REVENUE ADVANCE BEYOND DESTINATION fit CONSIGNEE SHIPPER'S NUMBER INVOICE NUMBER SHIPPER BILL TO 11l llll Illll 11111 Illll 11111 lilt, I Hill.11111,11 11111 11111 Ill +# PCs., HM DESCRIPTION OF ARTICLES AND MARKS WEIGHT (LBS) RATE TOTAL CHARGES a.-. .•_I f. ;•. , . ... J•...f? till -2G". .! i 1., .: 1. .. ?i:.?: I' . I?.f: ;??. t.. 4 { 1) 0 ti ? INSIDE DELIVERY ? LIFT GATE SERVICE ? RESIDENTIAL DELIVERY ? CONSTRUCTION/UTILITY SITE ?j SHRINK WRAP INTACT? ? YES ? 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J-4'.?, i -U. d::: - 6!.' 1,14f: r _ aVl `q M paek?, ssaun u ;:IP.AIIDow - ual ar.; t4^:.. . _i.u ., :.r ,.,a _ f-_ . fe;,. ??. - +(: •'ip'. ;UI Q 10 91r!; 4!41 uo loaye ,i 6un1e } I c 1u51 _ 1 a -I_ n=,11 • Dili, ?„ aPJ/JI11C3({;.}7 OIIG '?(',t.'-'? ( T !' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. CERTIFICATE OF SERVICE No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 1 s' day of December, 2008, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Plaintiff's Counsel) GRIFFITH, STFICKLER, LERMAN, SOLYMOS & CAL S BY: ROBERT A. LERMAN, SQUIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 klr/svccsm-noi a' W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 9`" day of December, 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 GRIFFITH, STRICKLER, LERMAN, SOLYINS By: Robert A. L erman, I o. 07490 Attorney for Defendant 110 S. Northern Way York, PA 17402 (717) 757-7602 ..? -n _ ?. ; t?: --?s ?._ _<=i " ; i'`J y r ? J r a7 .. ? x,e SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-04157 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SMITH JOHN R VS SUSQUEHANNA VALLEY CONSTRUCTIO 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 ADD'TL DEFEND. , to wit: EFCO CORP T/D/B/A ECONOMY but was unable to locate Them deputized the sheriff of DAUPHIN FORMS CORPORATION in his bailiwick. He therefore serve the within COMPT,ATNT T()TT\TT7\Trl AMT-)T County, Pennsylvania, to On December 16th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers -?- _-- -? Docketing 18.00 Out of County 9.00 Surcharge 10.00 Thomas Kli Dep Dauphin County 41.25 Sheriff of Cumberland County Postage 3.97_ 8 ? /x//qjo? 12/16/2008 GRIFFITH STRICKLER LERMAN SOLY Sworn and subscribe to before me this day of A.D. ' In` The Court of Common Pleas of Ewumberland County, Pennsylvania John R. Smith - VS - Susquehanna Valley Construction Corporation VS. EFCO Corp t/d/b/a Economy Forms Corporation No. 08-4157 civil Now, December 3, 2008 hereby deputize the Sheriff of I, SHERIFF OF CUMBERLAND COUNTY, PA, do Daupl ? 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, 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA mt fit g of t e'*cr r -f Mary Jane Snyder R al Estate Depu William T. Tully Solicitor • Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JOHN SMITH Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS County of Dauphin EFCO CORP T/DB/A ECONOMY FORMS CORPORATION Sheriff s Return No. 2008-T-2508 OTHER COUNTY NO. 084157 And now: DECEMBER 8, 2008 at 9:40:00 AM served the within COMPLAINT TO JOIN ADDITIONAL DEFENDANT upon EFCO CORP T/DB/A ECONOMY FORMS CORPORATION by personally handing to SABRA DUDDING 1 true attested copy of the original COMPLAINT TO JOIN ADDITIONAL DEFENDANT and making known to him/her the contents thereof at C/O CT CORPORATION 116 PINE STREET SUITE 320 HARRISBURG PA 17101 CORPORATE OPERATIONS SPECIALIST Sworn and subscribed to before me this 8TH day of December, 2008 U? NOTARIAL SEAL ARY JANE SNYDFR, Notary Publi Highspire, Dauphin County M Commission Expires Set 1, 2010 So Answers, Sheriff of Dauphin County, Pa. By DeputyAOff Deputy: R HOPKINS Sheriffs Costs: $41.25 12/5/2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA John R. Smith, Plaintiff V. Susquehanna Valley Construction Corporation, Defendant No. 08-4157 CIVIL ACTION - LAW V. JURY TRIAL DEMANDED EFCO Corp. t/d/b/a Economy Forms Corporation, Additional Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Additional Defendant, EFCO Corporation t/d/b/a Economy Forms Corporation, with respect to the above- referenced matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: DFC. L 2' 2LG 8 BY: Timothy'J. McM#r?(, esquire I.D. No. 52918 ?J 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Additional Defendant 05/455496.v l CERTIFICATE OF SERVICE I, Cindy Sowers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this A?,, day of 2008, I served a copy of the foregoing document via First Class United States mail, postage prepaid, as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Robert A. Lerman, Esquire Griffith, Strickler, Lerman, et al 110 S. Northern Way York, PA 17402 Cindy So s , .? ?, > ' £ '.° t `' : j . r,. ?. V- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Susquehanna Valley Construction Corporation certifies that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served; 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate; 3. The attorney for the Plaintiff has waived the notice period, per the attached Waiver; and 4• The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. Dated: December 23, 2008 GRIFFITH RICKLER, LERMAN, SOLYMOS & KINS BY Robert A. Lerman, Es ire ID07490 Attorney for the Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 4 Jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNTSYLVANL,\ JOHN R. SMITH, Plaintiff, vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, intends to serve Subpoenas 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 sere upon the undersigned an objection to the Subpoenas. If no objection is made, the Subpoenas maybe served. Date: December 1, 2008 GRIFFITH, S, ICKLER, LERMAN, SOLYMOS & CA INS ------- BY: 1. ROBERT A. LERNIAN; ESQ IRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HealthSouth Rehab of York Inc. 1850 Normandie Drive York PA 17408-1534 (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 admission and discharge summaries, history of physical examination reports, consultation reports, diagnostic reports, emergency room reports, out- patient clinic notes of treatment billing records and a list of all diagnostic films pertaining to John R. Smith; Date of Birth: 12105165; Social Security No. 209- 60-7234 from January 1, 2000, to the present. at: Griffith Strickler Lerman Solymos & Calkins 110 S. Northern Way, York, PA 17402-3737 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. CERTIFICATE OF SERVICE No. 08-4157 JURY TRIAL DEitiIANDED AND NOW, this 151 day of December, 2008, I, RobertA. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date. served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follo A,s: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Plaintiff's Counsel) GRIFFITH, STRICKLER, LERMAN, SOLYNIOS & CALKINS BY: ROBERT A. LEWAN, 1 SQUIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 klr, svccsm-noi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Craig R.1?Ii lsten, Esquire, attorney for Plainti ff, hereby waive the twenty (20) day Notice of Intent to Serve Subpoenas pursuant to 4009.22. I further have no objection the Defendant serving the Subpoenas directed to the following providers upon the filing of this Waiver: 1. Wellspan Behavioral Health; 2. Casey Lehman, Psy.D., Polly M. Rost, Ph.D., Rost & Associates; 3. Blume Rehabilitation Consultants; 4. Orthopedic and Spine Specialists; 5. USPT Services d/b/a Alliance Rehab; 6. Hershey Medical Center (including the Orthopedic Division, the Radiology Department, the Anesthesia Division, Trauma Surgeon Division); 7. Ambulatory Surgery Center; 8. Bruce D. Klaskin, D.O., HealthSouth Rehab of York, Inc.; 9. Miller DiPietro Radiology; 10. West Shore EMS; 11. Health E Systems; 12. Pennsylvania Turnpike Commission; 13. Penn State Hershey, Life Lion EMS; 14. Commissioner, Pennsylvania State Police; 15. Con-Way Central Express (accident investigation file); and 16. Con-Way Central Express (transport file). Dated: C,r` i R. Milsten, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law No. 08-4157 vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 23rd day of December, 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 GRIFFITH, STRLER, LERMAN, SOLYMOS & By: t-/ v U V R bert A. Lerman, Esquire 07490 Attorney for Defendant 110 S. Northern Way klr/svccsm-certificateprequisite York, PA 17402 (717) 757-7602 ?= 1>i ._, ,. C"'3 ,.r f"-J - j _.; .. C?,.3 ??t_a. -- a:J _ ?,h .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Susquehanna Valley Construction Corporation certifies that: 1. A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served; 2. A cony of the Notice of intent- including the nrnnncPrl gnhnn,-nne is nttonbP'l t.. tl.;? Certificate; 3. The attorney for the Plaintiff has waived the notice period, per the attached Waiver, and 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, S CKLER, LERMAN, SOLYMOS & Dated: January 9, 2009 CA INS BY: obert A. Lerman, Esquire ID #07490 Attorney for Defendant, Susquehan Valli Construction Corporation n 110 South Northern Way ; f. York, PA 17402 (717) W-.-76 ';-' rrs tv cr, N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION : CORPORATION, Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, intends to serve Subpoenas 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 Subpoenas. If no objection is made, the Subpoenas may be served. GRIFFITH, ?R CKLER, LERMAN, SOLYMOS & BY: Date: December 16, 2008 ROBERT A. LERMAN, ESQUIRE #0 4490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 C6 /l7 ? 7' A o 1 N U7 A > IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Social Security Administration Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: A complete copy of the Social Security Disability file of John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254. at: Griffith. Strickler. Lerman. Solvmos & Calkins 110 S Northern Way York PA 17402-3737 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: ROBERT A. LERMAN ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Susquehanna Vallev Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wellspan Rheumatology, 292 St Charles Wav York PA 17402 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Any office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254. at: Griffith. Strickler Lerman Solymos & Calkins 110 S Northern Wav York PA 17402-3737 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: ROBERT A. LERMAN ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Wav York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary Y • . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, ; vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 16th day of December, 2008, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Plaintiff's Counsel) GRIFFITH, RICKLER, LERMAN, SOLYMOS & C S BY: ROBbRT A. LERMAN, ESQUIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 klr/swcsm-noi C- r, o C- V r7 rv CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED WAI TER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Craig R. Milsten, Esquire, attorney for Plaintiff, hereby waive the twenty (20) day Notice of intent to Serve Subpoenas pursuant to 4009.22. I further have no objection the Defendant serving the Subpoenas directed to the following providers upon the filing of this Waiver: 1. Wellspan Rheumatology; and 2. Social Security Administration (disability file). Dated: ZZ- b C . Milsten, Esquire w - o ?7_ " ; C ta) CD[ "kr -- N Ctt ? C -t it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant,, c_.. vs. - -, C>= EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, J _^=a Additional Defendant. : DE 9P Cn CERTIFICATE OF SERVICE AND NOW, this 9th day of January, 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehy, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, VOCKLER, LERMAN, SOLYMOS & BY: Robert A. Lerman, Esquire ID #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 f i- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA John R. Smith, Plaintiff V. Susquehanna Valley Construction Corporation, Defendant V. EFCO Corp. t/d/b/a Economy Forms Corporation, Additional Defendant. No. 08-4157 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: John R. Smith, Plaintiff c/o Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 You are hereby notified to plead to the enclosed Answer with New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. CO DATE: l eb a? , WARNER, BY: 4/---/ 111SVI othy J. cMab n, Esquire 4200 Crums Mill Road Harrisburg, PA 17112 717-651-3505 Attorney for Additional Defendant EFCO Corporation IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA John R. Smith, Plaintiff V. No. 08-4157 Susquehanna Valley Construction Corporation, Defendant V. EFCO Corp. t/d/b/a Economy Forms Corporation, Additional Defendant. CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF ADDITIONAL DEFENDANT EFCO CORPORATION TO THE JOINDER COMPLAINT OF SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION 1. Admitted in part; denied in part. It is admitted only that Defendant Susquehanna Valley Construction Corporation (hereinafter referred to as "SVCC") is what it says it is. All remaining allegations set forth in this paragraph are denied. 2. Admitted in part; denied in part. It is admitted only that Additional Defendant EFCO Corporation is a corporation which maintains a place of business at 1800 N.E. Broadway Avenue, Des Moines, Iowa 50313, and that from time to time conducts business in the Commonwealth of Pennsylvania. All remaining allegations set forth in this paragraph are denied. 3. Admitted. 4. Admitted. 5. Admitted upon information and belief. 6. Admitted upon information and belief. 05/456391.v1 7. Denied as stated. The allegations set forth in Plaintiffs Complaint are set forth in a writing which in its entirety speaks for itself, and accordingly the allegations set forth in this paragraph are denied as stated and proof thereof is demanded, to the extent relevant. 8. Denied as stated. The allegations set forth in Plaintiffs Complaint are set forth in a writing which in its entirety speaks for itself, and accordingly the allegations set forth in this paragraph are denied as stated and proof thereof is demanded, to the extent relevant. 9. Admitted upon information and belief. 10. Admitted upon information and belief. 11. Denied. The allegations set forth in this paragraph constitute conclusions of law to which no further responsive pleading is required in accordance with Pa. R.C.P. 1029, and accordingly these allegations are denied and proof thereof is demanded, to the extent relevant. By way of further answer and to the extent that the allegations set forth in this paragraph are deemed to be purely factual averments, then Additional Defendant EFCO Corporation lacks information sufficient to form a belief as to the truth of these allegations, and accordingly these allegations are denied and proof thereof is demanded, to the extent relevant. 12. Admitted in part; denied in part. It is admitted only that, upon information and belief, on August 2, 2006 Plaintiff transported steel forms while working for and/or with Con-Way Central Express/Con-Way Trucking, and that Plaintiff transported these forms to SVCC's jobsite as alleged. By way of further answer, it is specifically denied that Plaintiff transported the steel forms at the request of EFCO as alleged. To the contrary, SVCC had rented the steel forms from EFCO, and thus the steel forms were being shipped to SVCC at SVCC's request. A true and correct copy of the rental contract between SVCC and EFCO concerning the steel forms at issue is attached hereto as Exhibit "A". 2 13. Admitted. 14. Admitted. 15. Denied. The allegations set forth in this paragraph constitute conclusions of law within the meaning of Pa. R.C.P. 1029, and accordingly these allegations are denied and proof thereof is demanded, to the extent relevant. By way of further answer, and to the extent that the allegations set forth in this paragraph aver purely factual allegations, then these allegations are denied on the basis that Additional Defendant EFCO Corporation, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth of these allegations, and accordingly these allegations are denied and proof thereof is demanded, to the extent relevant. 16. Denied. It is specifically denied that "at all times relevant, the allegations described in Plaintiffs Complaint, including the time of Plaintiffs accident" that the steel forms, also known as steel plate girders, had not yet been delivered to the construction jobsite. To the contrary, and upon information and belief, Plaintiff and an unidentified employee of SVCC were in the process of unloading or attempting to unload the steel forms/plate girders when Plaintiffs alleged accident occurred. Accordingly, delivery of the steel forms/plate girders had indeed occurred and SVCC was, through its unidentified employee, exercising active domain over the freight at the time of Plaintiffs alleged accident. 17. Denied. It is specifically denied that "at all times relevant, the allegations described in Plaintiffs Complaint, including the time of Plaintiffs accident" that the steel forms, also known as steel plate girders, had not yet been delivered to the construction jobsite. To the contrary, and upon information and belief, Plaintiff and an unidentified employee of SVCC were in the process of unloading or attempting to unload the steel forms/plate girders when Plaintiffs alleged accident occurred. Accordingly, delivery of the steel forms/plate girders had indeed 3 occurred and SVCC was, through its unidentified employee, exercising active domain over the freight at the time of Plaintiffs alleged accident. 18. Denied. It is specifically denied that "at all times relevant, the allegations described in Plaintiffs Complaint, including the time of Plaintiffs accident" that the steel forms, also known as steel plate girders, had not yet been delivered to the construction jobsite. To the contrary, and upon information and belief, Plaintiff and an unidentified employee of SVCC were in the process of unloading or attempting to unload the steel forms/plate girders when Plaintiffs alleged accident occurred. Accordingly, delivery of the steel forms/plate girders had indeed occurred and SVCC was, through its unidentified employee, exercising active domain over the freight at the time of Plaintiffs alleged accident. 19. Denied. It is specifically denied that "at all times relevant, the allegations described in Plaintiffs Complaint, including the time of Plaintiffs accident" that the steel forms, also known as steel plate girders, had not yet been delivered to the construction jobsite. To the contrary, and upon information and belief, Plaintiff and an unidentified employee of SVCC were in the process of unloading or attempting to unload the steel forms/plate girders when Plaintiffs alleged accident occurred. Accordingly, delivery of the steel forms/plate girders had indeed occurred and SVCC was, through its unidentified employee, exercising active domain over the freight at the time of Plaintiffs alleged accident. 20. Denied. It is specifically denied that "at all times relevant, the allegations described in Plaintiffs Complaint, including the time of Plaintiffs accident" that the steel forms, also known as steel plate girders, had not yet been delivered to the construction jobsite. To the contrary, and upon information and belief, Plaintiff and an unidentified employee of SVCC were in the process of unloading or attempting to unload the steel forms/plate girders when Plaintiffs 4 alleged accident occurred. By way of further answer, the steel forms/plate girders had been shipped by EFCO Corporation via Plaintiffs employer, Con-Way, with delivery having been made FOB at the EFCO warehouse, and accordingly, delivery of these items occurred both as a matter of fact and as a matter of law at the time the goods were transferred to Con-Way, the carrier that had been engaged to transport the forms/plate girders to SVCC. Accordingly, delivery of the steel forms/plate girders had indeed occurred and SVCC was, through its unidentified employee, exercising active domain over the freight at the time of Plaintiffs alleged accident. 21. Admitted in part; denied in part. It is admitted only that EFCO Corporation, as a corporation, acts through authorized agents, representatives, servants, employees and workmen as alleged. By way of further answer, and because the allegations set forth in this paragraph do not specifically identify the specific alleged authorized agents, representatives, servants, employees and/or workmen through EFCO is alleged to have acted "at all times relevant to the allegations described in Plaintiffs Complaint", the allegations set forth in this paragraph are otherwise denied and proof thereof is demanded, to the extent relevant. 22. Denied. EFCO specifically denies the allegation that Plaintiff Smith was an agent, whether apparent, implied or otherwise, of EFCO at the time of Plaintiff Smith's accident as alleged. To the contrary, Plaintiff Smith was an employee of Con-Way Central Express/Con- Way Trucking at the time of his accident, and therefore was an independent contractor insofar as EFCO Corporation is concerned. 23. Denied. The allegations set forth in this paragraph, together with its subparagraphs (a) through (t), are denied as conclusions of law within the meaning of Pa. R.C.P. 1029, and accordingly these allegations are denied and proof thereof is demanded, to the extent relevant. 24. Denied. The allegations set forth in this paragraph constitute conclusions of law within the meaning of Pa. R.C.P. 1029, and accordingly these allegations are denied and proof thereof is demanded, to the extent relevant. By way of further answer, it is specifically denied that Plaintiffs injuries and damages were the direct and/or proximate result of and/or factually caused by any acts and/or omissions on the part of Additional Defendant EFCO. 25. Denied. The allegations set forth in this paragraph constitute conclusions of law within the meaning of Pa. R.C.P. 1029, and accordingly these allegations are denied and proof thereof is demanded, to the extent relevant. 26. Denied. The allegations set forth in this paragraph constitute conclusions of law within the meaning of Pa. R.C.P. 1029, and accordingly these allegations are denied and proof thereof is demanded, to the extent relevant. By way of further answer, it is specifically denied that Plaintiffs injuries and/or damages were caused as a direct and/or proximate result of and/or factually caused by any and all alleged negligent, careless and/or reckless acts and/or omissions on the part of Additional Defendant EFCO as alleged, and further specifically deny that Additional Defendant EFCO is liable to Plaintiff and/or jointly or severally liable with SVCC as alleged. 27. Denied. The allegations set forth in this paragraph constitute conclusions of law within the meaning of Pa. R.C.P. 1029, and accordingly these allegations are denied and proof thereof is demanded, to the extent relevant. By way of further answer, it is specifically denied that Plaintiffs injuries and/or damages were caused as a direct and/or proximate result of and/or factually caused by any and all alleged negligent, careless and/or reckless acts and/or omissions on the part of Additional Defendant EFCO as alleged, and further specifically deny that 6 Additional Defendant EFCO is liable to Plaintiff and/or jointly or severally liable with SVCC as alleged. WHEREFORE, Additional Defendant EFCO Corporation t/d/b/a Economy Forms Corporation demands judgment in its favor and against Defendant Susquehanna Valley Construction Corporation, together with such other relief as this Court shall deem appropriate. New Matter Directed to Defendant Susquehanna Valley Construction Corporation 28. The Joinder Complaint filed by Susquehanna Valley Construction Corporation against Additional Defendant EFCO Corporation fails to state a cause of action upon which relief may be granted as a matter of law. 29. No act or omission on the part of EFCO Corporation was the factual and/or legal cause of Plaintiffs alleged injuries and/or damages, all such alleged injuries and/or damages being expressly denied. 30. In the event that the allegations set forth in paragraph 22 of Susquehanna Valley Construction Corporation's Joinder Complaint against EFCO Corporation are proven to be true, then the claims pleaded by Susquehanna Valley Construction Corporation against Additional Defendant EFCO Corporation are barred by the applicable provisions of the Pennsylvania Workers' Compensation Act. 31. Plaintiffs claims, injuries and/or damages, all such injuries and/or damages being expressly denied, were caused in whole or in part by persons, parties and/or entities other than Additional Defendant EFCO Corporation and over whom EFCO Corporation had neither control nor right of control as a matter of law. 32. At the time of Plaintiffs accident, Defendant Susquehanna Valley Construction Corporation had accepted delivery of the steel forms/steel plates and exercised dominion over 7 them through the acts and/or omissions of Susquehanna Valley Construction Corporation's employee, which employee is referenced in paragraphs 8, 9, 10 and 11 of Plaintiffs Complaint. 33. The alleged negligence of Susquehanna Valley Construction Corporation, through its employee, and more particularly as set forth in paragraphs 8, 9, 10 and 11 of Plaintiffs Complaint, constitute negligence on the part of Susquehanna Valley Construction Corporation, which negligence amounts to an intervening and/or superseding cause of Plaintiffs injuries, thereby relieving EFCO Corporation from any and all alleged negligence, all such alleged negligence being expressly denied, as a matter of law. 34. Additional Defendant reserves its right to raise one or more of those defenses set forth at Pa. R.C.P. 1030. 35. The claims asserted by Susquehanna Valley Construction Corporation in its Joinder Complaint as against Additional Defendant EFCO Corporation are barred and/or limited subject to the provisions of the Rental Agreement executed between EFCO Corporation and Susquehanna Valley Construction Corporation, including without limitation, the remedies provisions of that Rental Agreement, the choice of law provision in that Rental Agreement requiring the application of Iowa law, together with the requirements that Susquehanna Valley Construction Corporation comply with all federal, state and local laws, including OSHA regulations, and to instruct all users in the safe assembly and use of the equipment rented pursuant to the Rental Agreement. WHEREFORE, Additional Defendant EFCO Corporation demands judgment in its favor and against Defendant Susquehanna Valley Construction Corporation, together with such other relief as this Court shall deem appropriate. 8 New Matter Directed to Plaintiff 36. Plaintiffs Complaint fails to state a cause of action as against Additional Defendant EFCO Corporation as a matter of law. 37. Plaintiffs claims, if any, against EFCO Corporation are barred by the applicable statute of limitations. 38. No act or omission on the part of EFCO Corporation was the factual and/or legal cause of Plaintiffs alleged injuries and/or damages, all such alleged injuries and/or damages being expressly denied. 39. Plaintiffs claims, injuries and/or damages, all such injuries and/or damages being expressly denied, were caused in whole or in part by persons, parties and/or entities other than Additional Defendant EFCO Corporation and over whom EFCO Corporation had neither control nor right of control as a matter of law. 40. Additional Defendant reserves its right to raise one or more of those defenses set forth at Pa. R.C.P. 1030. 41. Plaintiffs claims are subject to the terms and conditions of the Rental Agreement between EFCO Corporation and Susquehanna Valley Construction Corporation, including without limitation, the remedies provisions of that Rental Agreement, the choice of law provision in that Rental Agreement requiring the application of Iowa law, together with the requirements that Susquehanna Valley Construction Corporation comply with all federal, state and local laws, including OSHA regulations, and to instruct all users in the safe assembly and use of the equipment rented pursuant to the Rental Agreement. WHEREFORE, Additional Defendant EFCO Corporation demands judgment in its favor and against Plaintiff, together with such other relief as this Court shall deem appropriate. 9 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIIV DATE: /3*/ 23, IW/ BY: I.D. No. 52918 `--- 4200 Crums Mill Ro , Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Additional Defendant 10 VERIFICATION Timothy J. McMahon, Esquire, Attorney for Additional Defendant EFCO Corporation, verifies that the facts set forth in the Answer with New Matter are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: c* . 23, 2c1-1 CERTIFICATE OF SERVICE I, Cindy Sowers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of January, 2009, I served a copy of the foregoing Answer with New Matter via First Class United States mail, postage prepaid, as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Robert A. Lerman, Esquire Griffith, Strickler, Lerman, et al 110 S. Northern Way York, PA 17402 l.? Cind S wens '" r` ? } ? ._. '3 C_ , ? _? .." "} ___ - «+,. , a , ,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No. 08-4157 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ??ay of Qky," , 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Responses and Objections of Defendant, Susquehanna Valley Construction Corporation, to Plaintiffs Request for Production of Documents by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehy, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, S ICKLER, LERMAN, SOLYMOS & CA S BY: 4obert A. Lerman, Esquire #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc-rrpd York, PA 17402 (717) 757-7602 "?. if IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, thissz:?'- day of , 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Objections and Answers of Defendant, Susquehanna Valley Construction Corporation, to Plaintiffs Interrogatories, Set No. 1 by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehy, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, STRI KLER, LERMAN, SOLYMOS & CALK BY: " Y? b A & 4 07 o ert . Lerman, Esqu e 074 0 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc-ati York, PA 17402 (717) 757-7602 Plaintiff, rID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant and EFCO CORP., t/d/b/a Economy Forms Corporation,: Additional Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER AND NOW comes the Plaintiff, John R. Smith by and through their counsel, Craig R. Milsten, Esquire, and files the foregoing Answer to Additional Defendant's New Matter: 36-41. Denied. This paragraph states a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Additional Defendant's new matter and enter judgement as requested in Plaintiff s Complaint. Respectfully submitted, KATHERMAN BRIGGS & GREENBERG Date: -2 Z 10q BY: ? rai , Milsten, Esquire supreme Court I.D. #77065 7 East Market Street York, PA 17401 (717) 848-3838 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing Plaintiffs' Reply to New Matter set forth below by service by first class mail: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Harrisburg, PA 17112 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG B' Dated: ,? LI York, PA 17401 (717) 848-3838 V E R I F I C A T I O N I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S. 994904, relating to unsworn falsification to authorities. Date: /01 "= w -cz s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No. 08-4157 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Susquehanna Valley Construction Corporation certifies that: 5. A Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served; 6. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; 7. The attorney for the Plaintiff has waived the notice period, per the attached Waiver; and 8. The Subpoenas which will be served is identical to the Subpoenas which is attached to the Notice of Intent to Serve the Subpoenas. LERMAN, BY Robert A. Lerman, Esquire ID #07490 Attorney for the Defendant 110 South Northern Way Dated: February 10, 2009 York, PA 17402 (717) 757-7602 t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, intends to serve Subpoenas 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 Subpoenas. If no objection is made, the Subpoenas may be served. GRIFFITH, S CKLER, LERMAN, SOLYMOS & CA S BY: --,) ROBERT A. LERMAN, ESQUIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 Date: January 28, 2009 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shiloh Chiropractic, 2217 Carlisle Road, York, PA 17404 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Concentra Medical Centers, 716 Loucks Road. York PA 17404 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254. at: Griffith, Strickler, Lerman, Solvmos & Calkins 110 S Northern Wav York PA 17402-3737 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: ROBERT A. LERMAN. ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Wav York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 28th day of January, 2009, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehey, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, STRJfKLER, LERMAN, SOLYMOS & BY: ROBERT A. LERMAN, ESQUIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 klr/swcsm-noi Feb 02 2009 1:22PM KRTHERMRN BRIGGS & GREENB 17177180409 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Craig R. Milsten, Esquire, attorney for Plaintiff, herebywaive the twenty (20) day Notice of Intent to Serve Subpoenas pursuant to 4009.22. I further have no objection the Defendant serving the Subpoenas directed to the following providers upon the filing of this Waiver: 1. Concentra Medical Centers; and 2. Shiloh Chiropractic, PC. Dated: .3O -10'? FEB-02-2009 12:30 p.2 &' g Milsten, Esquire it-- 17177100409 96% P.02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 10'' day of February, 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the parry or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) j ml/svcc sm-certificateprequisite Timothy J. McMahon, Esquire Marshall, Dennehy, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, ST ER, LERMAN, SOLWQO? & CALKINS By: Robert A. Lerman, Esquire #07490 Attorney for Defendant 110 S. Northern Way York, PA 17402 (717) 757-7602 r-? ? ° o ? . _--.. "' .? - W ; ; s -r= _ ? ? x. , t`? t_. " ' ?` s- ?"`•? f? ?.?' [g'r K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No. 08-4157 JURY TRIAL DEMANDED REPLY OF DEFENDANT, SUSQUEHANNA VALLEY CONTRUCTION CORPORATION TO NEW MATTER OF EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION And now comes Defendant, Susquehanna Valley Construction Corporation, by its counsel Robert A. Lerman, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Reply to New Matter of Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation. Defendant, Susquehanna Valley Construction Corporation, incorporates herein by reference, as if fully set forth at length, its Answer and New Matter filed in response to Plaintiff's Complaint on or about September 22, 2008, and its Complaint joining EFCO Corp. t/d/b/a Economy Forms Corporation filed of record on November 20, 2008. 28. Denied. The allegations set forth in Paragraph No. 28 constitute a conclusion of law to which no response is required. To the extent a response is deemed required, it is averred that the Joinder Complaint filed by Susquehanna Valley Construction Corporation against Additional Defendant, EFCO Corp., properly states a cause of action upon which relief can be granted. 29. Denied as stated and on the contrary it is averred that acts and/or omissions of EFCO Corp. constitute a factual and/or legal cause of Plaintiff's alleged injuries and/or damages as set forth in the Joinder Complaint. 30. Denied. To the extent the allegations set forth in Paragraph No. 30 constitute a conclusion of law, no response is required. To the extent a response is required, it is averred that to the extent it is determined that Plaintiff may have acted as the agent for EFCO Corp. t/d/b/a Economy Forms Corporation (apparent, implied or otherwise), the subject cargo; i.e., steel forms also known as steel plate girders, were under the active domain, custody and control of Plaintiff, John Smith, and/or EFCO at the time of Mr. Smith's accident and not yet delivered to Defendant, Susquehanna Valley Construction Corporation. 31. Denied. It is denied that Plaintiff's claims, injuries and/or damages were caused in whole or in part by Susquehanna Valley Construction Corporation. 32. Denied. It is denied that at the time of Plaintiff's accident, Defendant, Susquehanna Valley Construction Corporation, had accepted delivery of the steel forms/steel plates and exercised dominion over them through the acts and/or omissions of one or more of its employees. On the contrary, it is averred that to the extent it is determined that Plaintiff may have acted as the agent for EFCO Corp. t/d/b/a Economy Forms Corporation (apparent, implied or otherwise), the subject cargo; i.e., steel forms also known as steel plate girders were under the active domain, custody and control of Plaintiff, John Smith, and/or EFCO, at the time of his accident and not yet delivered to Defendant, Susquehanna Valley Construction Corporation. 33. Denied. To the extent the allegations in Paragraph No. 33 constitute a conclusion of law, no response is required. To the extent a response is required, it is denied that Susquehanna Valley Construction Corporation, through any of its employees, were negligent and 2 n it is denied that such alleged negligence amounts to an intervening and/or superseding cause of Plaintiffs injuries thereby relieving EFCO Corp. from any and all alleged negligence. 34. No response is required. 35. Denied. To the extent the allegations set forth in Paragraph No. 35 constitute a conclusion of law, no response is required. To the extent a response is required, at all times relevant, Susquehanna Valley Construction Corporation, through its employees, agents, servants, workmen and representatives, acted carefully, lawfully, properly and prudently with due care under the circumstances fulfilling any duties or obligations legally owed to the Plaintiff, John R. Smith, and strict proof to the contrary is hereby demanded. By way of further response, it is averred that at the time of the accident, the Rental Agreement upon which EFCO refers and relies was not in effect, valid or binding on Susquehanna Valley Construction Corporation inasmuch as same had not been accepted in writing by an authorized representative of EFCO. By way of further response, it is averred, alternatively, that the defective wooden pallet in question supplied by EFCO or EFCO's agent did not constitute the rented equipment subject to the terms and conditions of the Rental Agreement (Exhibit A to EFCO's Answer with New Matter) and it is further averred that the rented equipment; i. e., steel forms, also known as steel plate girders, had not yet been delivered to the construction job site. WHEREFORE, if Plaintiff is permitted to recovery damages as alleged in his Complaint, which entitlement to recover is hereby denied, then Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, is liable for all of the injuries and damages Plaintiff claims and is liable to original Defendant, Susquehanna Valley Construction Corporation, for any damages it may be required to pay to Plaintiff as result of the negligence, careless and/or reckless acts or omissions by EFCO, its agents, representatives, servants and workmen. 3 Dated: February 2009 GRIFFITH, S By: LERMAN, SOLYMOS & ROBERT A. LERMAN, ESQ #07490 Attorney for Defendant, Susquehanna Valley Construction Corp 110 South Northern Way York, PA 17402 (717) 757-7602 4 I VERIFICATION I, Mark Schug, hereby verify that the statements made in the foregoing Reply of Defendant, Susquehanna Valley Construction Corporation, to New Matter of EFCO Corp. t/d/b/a Economy Forms Corporation are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Dated: Z- 3 Aq By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff; vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 16th day of February, 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Reply of Defendant, Susquehanna Valley Construction Corporation to New Matter of EFCO - Economy Forms t/d/b/a Economy Forms Corporation by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehey, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, STRI90ER, LERMAN, SOLYMOS & BY: V I V-V?-t Robert A. Lerman, Esquire 490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc-reply York, PA 17402 (717) 757-7602 ter , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 10 day of W V , 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Notice of Deposition of Records Custodian for Con- Way Central Express, by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 GRIFFI , TRICKLER, LERMAN, SOL S & CALKINS BY R BERT A. LERMAN, I.D. #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, Pennsylvania 17402 (717) 757-7602 Q 5 1 co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE No. 08-4157 JURY TRIAL DEMANDED T- P AND NOW, this ay of , 200_, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERM , SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant, Susquehanna Valley Construction Corporation, to Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehey, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS _ BY: %-T- V -t/--t R ert A. Lerman, Esquire 074 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc-rfpd-efco York, PA 17402 (717) 757-7602 ,F THE' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ` "day of , 200_, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Susquehanna Valley Construction Corporation, to Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehey, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel WAdditional Defendant) GRIFFITH, CKLER, LERMA;4, SO OS & CALKINS / l Lerman, Esquire #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc-int-efco York, PA 17402 (717) 757-7602 BY: _v- jtf?' Robert A. FILED- r T' r' .. ?! trf]?f tl 1 ?? °i 1 d tJiy 3 (^'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED CERTIFICATE OF SERVICE AND NOW, this 21St day of July, 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Answers of Defendant, Susquehanna Valley Construction Corporation, to Plaintiffs Interrogatories Set No. 3 addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehey, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel for EFCO Corp. t/d/b/a Economy Forms Via Hand Delivery Corporation) Via U.S. Mail GRIFFITH, STR?9KLER, LERMAN, SOLYMOS & BY: / Uy Robert A. Lerman, Esquir 07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc-ati3 York, PA 17402 (717) 757-7602 - -17 THF 2 0 0 9 JUL 23 Ai 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE JURY TRIAL DEMANDED AND NOW, this day of Y 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Responses of Defendant, Susquehanna Valley Construction Corporation, to Plaintiffs Request for Production of Documents, Set No. 3 addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) Via Hand Delivery Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) Via U.S. Mail GRIFFITH, STRIi CALKINS BY: LERMAN, SOLYMOS & w klr/svcc-rrpd2 Robert A. Lerman, Esquire #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 Civil Action - Law No. 08-4157 ) THE PR! 2009 jJa 23 it I ?.x IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, Civil Action - Law No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. JURY TRIAL DEMANDED MOTION OF DEFENDANT, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, TO COMPEL ADDITIONAL DEFENDANT, EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION TO RESPOND TO WRITTEN DISCOVERY REOUESTS NO JUDGE OF THIS HONORABLE COURT HAS RULED UPON ANY OTHER ISSUE IN THIS SAME OR RELATED MATTER And now comes Defendant, Susquehanna Valley Construction Corporation, by its counsel, Griffith, Strickler, Lerman, Solymos & Calkins, and files the following Motion to Compel Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, to Respond to Written Discovery Requests, the grounds for which are as follows: 1. Plaintiff, John Smith, claims certain permanent bodily injuries as a result of a work related accident on August 2, 2006, and in connection therewith instituted the civil litigation by the filing of a Writ of Summons against Susquehanna Valley Construction Corporation (hereinafter referred to as "SVCC") on July 11, 2008, and thereafter, SVCC Ruled Plaintiff to File a Complaint on August 19, 2008. 2. Plaintiff's Complaint was subsequently filed on September 23, 2008, and a copy is attached and marked Exhibit 1. 3. Plaintiff's Complaint alleges, inter alia, that in the process of unloading a pallet of steel, an employee of SVCC caused the pallet of steel to tip and break whereby the steel forms fell and caused injury to the Plaintiff. 4. On October 14, 2008, SVCC filed an Answer and New Matter to Plaintiff's Complaint and thereafter, on November 20, 2008, filed a Complaint joining Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation (hereinafter referred to as "EFCO"). A copy of the Joinder Complaint, exclusive of the referenced exhibits, is attached and marked Exhibit 2. 5. SVCC's Joinder Complaint against EFCO alleges, among other things, that EFCO shipped steel forms on a wooden pallet which was defective and damaged and subsequently broke, causing the injuries and damages Plaintiff alleges. 6. EFCO contends that it did not ship the steel forms on a wooden pallet and that the wooden pallet was introduced by Plaintiff's employer, Con-Way Central Express. 7. On May 21, 2009, Defendant, SVCC, propounded Interrogatories to EFCO and a copy is attached and marked Exhibit 3. 8. On May 21, 2009, Defendant, SVCC, propounded Request for Production of Documents to EFCO and a copy is attached and marked Exhibit 4. 9. Answers (and/or Objections) of EFCO were due within 30 days or on or before June 24, 2009, pursuant to Pa. R.C.P. Rule 4005 and Pennsylvania Rule of Civil Procedure 4006 and Pa.R.C.P. Rule 4009. 10. EFCO has neither filed objections nor responses to the discovery requests and the date for filing objections has expired. 2 11. Initial depositions are scheduled to take place in this case on July 28 and 29, 2009, to include depositions of Con-Way Central Express representatives on July 28, 2009, and depositions of the investigating police officers, EMS personnel, and the SVCC forklift operator on July 29, 2009. 12. Depositions of EFCO will likely be scheduled in the fall of 2009 as set forth in the last sentence of the last paragraph of correspondence to all counsel in this case dated May 20, 2009, a copy of which is attached as Exhibit 5. 13. It is significant to note that prior to propounding formal discovery (the subject Interrogatories attached as Exhibit 3 and the subject Request for Production of Documents attached hereto as Exhibit 4) and after a preliminary discussion with counsel for EFCO, counsel for Moving Defendant submitted informal discovery requests to EFCO, via letter dated March 4, 2009, to counsel for EFCO. A copy of the March 4, 2009, letter consisting of the informal discovery requests is attached and marked Exhibit 6. 14. In addition, on April 1, 2009, counsel for Moving Defendant corresponded with counsel for EFCO and requested, in the second page of the said correspondence, that EFCO's counsel advise if EFCO intended to respond to the informal discovery/letter request of March 4, 2009. A copy of the April 1, 2009, letter is attached and marked Exhibit '7. 15. On April 17, 2009, counsel for EFCO corresponded with Moving Defendant's counsel and requested that formal discovery be served upon EFCO. A copy of EFCO's counsel's letter of April 17, 2009, is attached and marked Exhibit 8. 16. After submission of the formal discovery requests on May 21, 2009, Moving Defendant's counsel again corresponded with counsel for EFCO on July 7, 2009, requesting that responses be provided to the overdue discovery by July 17, 2009, in light of the depositions of 3 the Con-Way representatives scheduled for July 28, 2009. A copy of the July 7, 2009, letter is attached and marked Exhibit 9. 17. The purpose of discovery is to prevent surprise and unfairness, thereby to allow a fair trial on the merits and to avoid a trial by ambush. Clark v. Hoerner, 362 Pa.S. 588, 525 A.2d 377 (1987). 18. Discovery during the pre-trial stages of litigation allows the parties to learn of additional evidence and witnesses, to discover the testimony that witnesses will offer, and to assess the witness's credibility and impact. Slazenski v. Turner, 39 a&C 3d 230 (1985); Szarmack v. Welch, 456 Pa. 293, 318 A.2d 707 (1974) codified in Pa. R.C.P. 4003.2. 19. Another purpose of the discovery process is to expedite and to facilitate, rather than to burden and delay litigation. Cosner v. Ricci, 45 D&C 2nd 286 (1968) (emphasis added). 20. In supervising discovery, the trial court has broad discretion to take such action as it deems necessary to insure adequate and prompt discovery. Kerns v. Afethodist Hospital, 393 Pa.S. 533, 574 A.2d 1068 (1990) (emphasis added). 21. Moving Defendant's discovery responses were properly propounded in accord with Pa. R.C.P. Rule 4005, 4006 and 4009. 22. The court is empowered to impose a sanction whenever a party or person fails to make discovery or obey a court order for discovery and the specific violations enumerated in the Pennsylvania Rules of Civil Procedure do not limit the court's power. (See explanatory note Pa.R.C.P. Rule 4019.) The imposition of specific sanctions for the failure to obey a discovery order is largely within the discretion of the trial court. Lawrence v. General Medicine Association, supra; Pride Contracting, Inc. v. B & Biehn Construction, Inc., 381 Pa.S. 155, 553 A.2d 82 (1989), appeal denied, 523 Pa. 643, 565 A.2d 1167; Croydon Plastics Co., Inc. v. Lower 4 Bucks Cooling & Heating, 698 A.2d 625 (Pa.S. 1997), appeal denied, 553 Pa. 689, 717 A.2d 1028 (1998). On appeal of sanctions, a reviewing court will not reverse the trial court unless it is shown that the trial court abused its discretion. 23. While discovery sanctions generally are imposed after a court order has been violated, the rule does authorize sanctions when there has been a discovery violation. McGovern v. Hospital Service, 785 A.2d 1012 (Pa.Super. 2001), and the court may impose sanctions for non-compliance with the discovery order without first issuing an order compelling compliance. Weist v. Atlantic Richfield Company, 374 Pa.S. 405, 543 A.2d 142 (1988); Explanatory Note to Rule 4019 (1978 Civil Procedural Rules Committee); Crane v. Sohanic, 344 Pa.S. 526, 496 A.2d 1230 (1985). 24. The undersigned counsel certifies that a reasonable effort has been made to resolve this discovery issue with Plaintiffs' counsel as set forth in the correspondence attached as exhibits hereto. WHEREFORE, Moving Defendant, Susquehanna Valley Construction Corporation, respectfully requests this Honorable Court issue an Order directing that EFCO completely and sufficiently respond to Moving Defendant's Interrogatories and Request for Production of Documents within 15 days from the date of this Court's Order. GRIFFITH, STWKLER, LERMAN, SOLYMOS & BY: Robert A. Lerman, Esquire A07490 Attorney for Additional Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way Dated: July 23, 2009 York, PA 17402 (717) 757-7602 5 ?x?B?T 1 1< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD NOTICE A VISO YOU HAVE BEEN SUED IN COURT. USTED HA SIDO DEMANDADO EN LA CORTE. If you wish to defend against the claims set forth against Si usted desea defenerse de las quejas expuestas en las you in the following pages, you must take action within paginas siguientes, debe tomar accion dentro de veinte twenty (20) days after this Complaint and Notices are (20) dias a partir de la fecha en que recibio la demanda served, by entering a written appearance personally or y el aviso. Usted debe presentar comparecencia escrita by attorney and filing in writing with the Court your en persona o por abogado y presentar en la Corte por defenses or objections to the claims set forth against escrito sus defensas o sus objeciones a las demandas en you. su contra. You are warned that if you fail to do so, the case may Se le avisa que si no se defiende, el caso puede proceed without you and a default judgment may be proceder sin usted y la Corte: puede decidir en su contra entered against you by the Court without further notice sin mas aviso o notification _por cualquier dniero for any money claimed in the Complaint or for any reclamado en la demanda o por cualquier otra queja o other claim or relief requested by the Plaintiff. You compensation reclamados por el Demandante. Usted may lose money or property or other rights important to puede perder dinero, o propriedades o otros derechos you, importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LLEVE ESTA DEMANDA : A UN ABOGADO LAWYER AT ONCE. IF YOU DO NOT HAVE A INMEDIATAMENTE. SI USTED NO TIENE O LAWYER OR CANNOT AFFORD ONE, NO CONOCE UN ABOG ADO, VAYA O LLAME GO TO OR TELEPHONE THIS OFFICE SET A LA OFICINA EN LA DIRECCION ESCRITA FORTH BELOW TO FIND OUT WHERE YOU ABAJO PARA AVERIGUAR DONDE PUEDE CAN GET LEGAL HELP. OBTENDER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Clerk of Courts One Courthouse Square Carlisle, PA 17013-3387 717-240-6250 M009856$.l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant JURY TRIAL DEMANDED COMPLAINT The Plaintiff, John R. Smith, by his attorneys, Katherman, Briggs & Greenberg, LLP, file this Complaint, and state the following: 1. The Plaintiff, John R. Smith is an adult individuals residing at 633 West College Avenue, York, Pennsylvania 17401. 2. The Defendant, _Susquehanna Valley Construction Corporation is a Pennsylvania corporation with its principal place of business located at 175 Lamont Street, New Cumberland, Pennsylvania 17070. 3. At all times material to the events mentioned herein, the Defendant was in possession, ownership, and control of the premises upon which this accident occurred and the equipment used in this accident. 4. The Defendant, at all relevant times, acted through its respective employees, authorized agents, and/or servants, all of whom were acting within the course and scope of their employment. 5. The facts and occurrences hereinafter related took place on or about August 2, 2006 at M0044127.1 1 a construction site in or around Mechanicsburg, Pennsylvania, which said construction on the site was managed, supervised or controlled by Defendant. 6. At all times material to the events mentioned herein, the Plaintiff, John R. Smith., was a business invitee on the premises of the aforementioned construction site. COUNT 1- NEGLIGENCE JOHN R SMITH V SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION 7. Paragraphs 1 through 6 are incorporated herein by reference thereto. 8. On the aforesaid date at the aforementioned place, the Plaintiff, John R. Smith, was the driver of a tractor trailer transporting a load of steel forms to Defendant's construction site. Upon his arrival at the construction site, he was instructed as to where to park his truck so that it could be unloaded by a forklift operated by an employee, agent and/or servant of Susquehanna Valley Construction Corporation (hereinafter "Employee").. 9. The Employee had difficulty in removing the pallet of steel forms from the trailer. After several unsuccessful attempts, the Employee lowered one blade of the forklift and reinserted it into the pallet. The Employee proceeded to raise the blades without correcting the uneven blades, causing the pallet of steel to tip and break and causing the steel forms to fall on Plaintiff's legs, pinning him in the back of the trailer. 10. Plaintiff remained pinned under the steel as the Employee failed to take reasonable steps to obtain assistance in extricating him. 11. The Defendant was negligent in the following respects: A. Failing to properly and safely operate the forklift; B. Failing to properly train and instruct the Employee on the correct and safe M0044127.1 2 manner in which operate the forklift; C. Failing to instruct Plaintiff to park the tractor trailer on level ground for the safe unloading of the steel forms; D. Failing to assign the proper number of employees, agents and/or servants to assist in the unloading of the trailer; E. Failing to assign an employee(s); agent(s) and/or servant(s) with the proper physical requirements, including but not limited to visual acuity, to the task of unloading the trailer; F. Failing to properly inspect the pallet of steel forms before attempting to unload it from the trailer; G. Failing to observe all reasonable and necessary safety procedures in unloading the steel forms from the trailer; H. Failing to properly train and instruct the Employee; on the proper action to take in the event of a workplace accident and/or medical emergency; L Failing to properly equip the Employee with communication tools necessary in the event of a workplace accident and/or medical emergency; J. Failing to act reasonably and promptly when the steel forms fell on the Plaintiff; and K. Failing to take all reasonable measures to ensure that the steel forms did not fall on the Plaintiff during the unloading process. 12. As a result of the Defendant's negligence, the Plaintiff sustained severe personal injuries, including, but not limited to, injuries to his legs, including am open tibia fracture with peroneal nerve M0044127.1 3 injury requiring surgery, back pain, and Post-Traumatic Stress Disorder. 13. As a result of the aforesaid incident and injuries sustained by Plaintiff, caused by the negligence of the Defendant, Plaintiff, John R. Smith, has sustained or will sustain the following damages: a. pain and suffering; b. embarrassment, humiliation, and mental anxiety; c. loss of life's enjoyment; d. incidental costs; e. scarring; f. past, present and future loss of wages; g. loss of earning capacity; and h. past, present and future medical costs. 14. Defendant's negligence was a substantial factor in causing Plaintiff's injuries and damages. 15. Plaintiff avers that his damages exceed the applicable limits of arbitration and, therefore, a jury trial is hereby demanded. WHEREFORE, Plaintiff, John R. Smith, respectfitlly requests that the court enter judgment against Defendant, for damages in an amount in excess of the arbitration threshold, together with interest, costs of suit, and delay damages, together with interest and costs as allowed by law. M0044127.1 4 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG, LLP Date: 22 0$ BY: Gxig-R. Milsten, Esquire Supreme Court I.D.07065 7 East Market Street York, PA 17401 (717) 848-3838 telephone (717) 848-9039 facsimile; cmilsten a,kbp,law.com Attorneys for the Plaintiff, John R. Smith M0044127.1 5 CERTIFICATE OF SERVICE I hereby certify that I have this date attempted service of a copy of the foregoing Complaint as set forth below by Sheriff: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402 RESPECTFULLY SUBMITTED, KAT AN, BRIGGS. : GREENBERG, LLP By: J fer C ey, CP fialegal yeimvtstreet 7 York, Pa. 17401 / (717) 848-3838 12?1 Date: M0044127.1 6 EX?g?-r 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. TO: EFCO Corp. t/d/b/a Economy Forms Corporation 1800 NE Broadway Avenue Des Moines, Iowa 50313 c/o CT Corporation System 1635 Market Street Philadelphia, PA 19103 NOTICE No. 08-4157 JURY TRIAL DEMANDED 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 (800) 9990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de ]as demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificaci6n 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, ]as demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n 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 pot- 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 0 VAYA A LA SIGUIE-NTE 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 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 (800) 9990-9108 GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Robert A. Lerman, Esquire #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 S. Northern Way Dated: November 18, 2008 York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No. 08-4157 JURY TRIAL DEMANDED COMPLAINT OF DEFENDANT, SUSQUEHANNA V,kLLEY CONSTRUCTION CORPORATION, TO JOIN ADDITIONAL DEFENDANT, EFCO CORP. Vd/b/a ECONOMY FORMS CORPORATION AND NOW, comes Defendant, Susquehanna Valley Construction Corporation, by its counsel Robert A. Lerman, Esquire, and Griffith, Strickler, Lennan, Solymos & Calkins, and files the following Complaint against Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, as follows: 1. Defendant, Susquehanna Valley Construction Corporation (hereinafter referred to as "SVCC"), is a Pennsylvania domestic corporation having a principal place of business at 175 Lamont Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, is a foreign business corporation believed to be incorporated pursuant to the laws of the state of Iowa and maintaining a principal place of business at 1800 NE Broadway Avenue, Des Moines, Iowa 50313 and authorized and conducting business, at all relevant times, in the Commonwealth of Pennsylvania. 3. Economy Forms Corporation is a registered fictitious name in the Commonwealth of Pennsylvania for EFCO Corp. 4. EFCO Corp. and EFCO Corp. t/d/b/a Economy Forms Corporation (hereinafter referred to as "EFCO") have a registered agent for the service of process in the Commonwealth of Pennsylvania in care of CT Corporation System, 1635 Market Street, Philadelphia, PA 19103. 5. Plaintiff instituted this civil action against original Defendant SVCC, by the filing of a Writ of Summons on July 11, 2008. A copy of Plaintiff's Praecipe for Writ of Summons and Writ of Summons issued by the Prothonotary of Cumberland County is attached and marked Exhibit 1. 6. On August 19, 2008, Defendant filed a Praecipe for a Rule Compelling Plaintiff to File a Complaint and on September 23, 2008, Plaintiff filed his Complaint against SVCC. A copy of Plaintiff's Complaint is attached and marked Exhibit 2. 7. In his Complaint, Plaintiff alleges that on August 2, 2006, he sustained injury at a construction site in or around Mechanicsburg, Pennsylvania related to efforts to unload steel fornis also known as steel plate girders from Plaintiff's tractor trailer at a construction job site. 8. Plaintiff claims he sustained certain personal injuries to which he is entitled to economic and non-economic damages as a result of the accident described in his Complaint. 9. On October 14, 2008, Defendant filed an Answer with New Matter in response to Plaintiff's Complaint. A copy of Defendant's Answer and New Matter is attached as Exhibit 3. 10. On or about November 5, 2008, Plaintiff filed a Reply to Defendant's New Matter and a copy is attached and marked Exhibit 4. 11. At all times relevant including the date of the accident, August 2, 2006, Plaintiff was employed by Con-Way Central Express/Conway Trucking and at all times relevant was 2 acting within the course and scope of his employment. 12. At all times relevant including the date of the accident, August 2, 2006, Plaintiff was transporting the steel forms also known as steel plate girders with a tractor and trailer owned, leased, possessed and/or under the control of his employer, Con-Way Central Express/Conway Trucking, at the request of EFCO. 13. At all times relevant to the allegations described in Plaintiff's Complaint, the steel forms also known as steel plate girders were owned by EFCO. 14. At all times relevant to the allegations described in Plaintiff's Complaint, the steel fonns also known as steel plate girders in question had been shipped by EFCO utilizing Plaintiff's employer, Con-Way Central Express/Conway Trucking, as the motor carrier. 15. SVCC incorporates herein by reference the allegations set :forth in its Answer and New Matter filed in response to Plaintiff's Complaint (Exhibit 3 hereto). 16. At all times relevant to the allegations described in Plaintiff's Complaint including the time of Plaintiff's accident, the steel forms also known as steel plate girders had not yet been delivered to the construction job site. IT At all times relevant to the allegations described in Plaintiff's Complaint including the time of Plaintiff's accident, Defendant, SVCC, did not have possession or control of the steel forms also known as steel plate girders. 18. At all times relevant to the allegations described in Plaintiffs Complaint including the time Plaintiff's accident, the steel forms also known as steel plate girders were not in use by Defendant, Susquehanna Valley Construction Corporation. 19. At all times relevant to the allegations described in Plaintiffs Complaint including the time Plaintiffs accident, the steel forms also known as steel plate girders were not 3 in use for their intended purposes by Defendant, Susquehanna Valley Construction Corporation. 20. At all times relevant to the allegations described in. Plaintiff's Complaint including the time of Plaintiff's accident, Plaintiff's injuries and any resulting damages did not arise from the use or possession of the steel forms also known as steel plate girders. 21. At all times relevant to the allegations described in Plaintiff's Complaint, EFCO acted by and through its authorized agents, representatives, servants, employees and workmen. 22. At all times relevant to the allegations described in Plaintiff's Complaint, Con- Way Central Express/Conway Trucking and/or Conway's employee Plaintiff Smith was an agent (apparent, implied or otherwise) of EFCO. 23. At all times relevant to the allegations described in Plaintiff's Complaint, Plaintiff's accident and resulting injuries occurred as the result of the negligence, carelessness and/or recklessness of EFCO which carelessness, recklessness and negligence consisted of one or more of the following events: a. Selection and use of a defective wooden pallet upon which the steel forms also known as steel plate girders in question were loaded; b. Selection and use of an improper pallet upon which the steel forms also known as steel plate girders in question were loaded; C. Selection and use of an undersized wooden pallet and/or pallet of insufficient design and/or construction for the size and/or weight of steel foi7ns also known as steel plate girders placed upon it; d. Failing to ensure there were no defects in the wooden pallet upon which the steel forms also known as steel plate girders in question were stacked and/or failing to recognize a defective pallet; 4 e. Failing to inspect the wooden pallet selected prior -to and subsequent to its selection and use; f. Improper loading of steel forms also known as steel plate girders upon the wooden pallet; g. Improper securing of the steel fonns also known as steel plate girders onto the wooden pallet; h. Improper loading of the pallet and steel forms also known as steel plate girders on the Cori-Way Central Express/Conway Trucking truck; i. Improper securing of the pallet and steel forms also known as steel plate girders on the Con-Way Central Express/Conway Trucking truck; j. Loading an excessive number and/or excessive total weight of steel forms also known as steel plate girders onto the wooden pallet selected and utilized; k. Shifting of the load (pallet) and/or steel forms also known as steel plate girders during transport; 1. Causing damage to the wooden pallet utilized at the time of loading of the steel forms also known as steel plate girders upon it; in. Damage to the wooden pallet during securing and/or transport on the Con- Way Central Express/Conway Trucking truck; n. Damage of the wooden pallet prior to delivery to the construction job site; o. Damage of the wooden pallet prior to completion of delivery to the construction job site; P_ Damage of the wooden pallet prior to delivery of the steel forms also 5 known as steel plate girders to SVCC; q. Damage to the wooden pallet prior to SVCC's possession of the steel forms also known as steel plate girders; r. Damage to the wooden pallet prior to SVCC's use of the steel forms also known as steel plate girders; S. Damage to the wooden pallet prior to SVCC's use of the steel forms also known as steel plate girders for their intended purpose; and t. Negligence, carelessness and recklessness of EFCO's authorized agents and representatives including its motor carrier and its motor carrier's driver, John R. Smith, as more specifically set forth in Paragraph No. 23, subparagraphs a - v of Defendant's Answer and New Matter filed in response to Plaintiff's Complaint on October 14, 2008, which allegations are specifically incorporated herein by reference as if fully set forth at length. 24. If the allegations set forth in Plaintiff's Complaint andlor other pleadings of record are proven to be true, Plaintiff's injuries and damages were the direct and proximate result of and/or factually caused by the acts or omissions on the part of Additional Defendant, EFCO, and/or its agents, servants, representatives, employees and workmen as enumerated hereinabove. 25. The Plaintiff's injuries and damages were in no way caused by the acts or omissions of Defendant, SVCC, or its agents, employees, servants or workmen. 26. Defendant, SVCC, believes and therefore avers that if the Plaintiff sustained the injuries and damages as claimed and as described in his Complaint, said. injuries and damages were caused as a direct and proximate result of and/or factually caused by the negligent, careless 6 and reckless acts or omissions on the part of Additional Defendant, EFCO, its agents, representatives, servants, employees and workmen as set forth hereinabove and therefore, Additional Defendant, EFCO, is liable to the Plaintiff and/or jointly or severally liable with SVCC and/or is liable over to SVCC for the causes of action complained of by Plaintiff in his Complaint. 27. Defendant, SVCC, believes and therefore avers that if the Plaintiff sustained the injuries and damages as claimed and described in his Complaint, Additional Defendant, EFCO, is liable over to SVCC, by virtue of common law contribution and/or indemnification for the causes of action complained of by Plaintiff in his Complaint. WHEREFORE, if Plaintiff is permitted to recover damages as alleged in his Complaint, which entitlement to recovery is hereby denied, then Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, is liable for all of the injuries and damages Plaintiff claims and is liable to original Defendant, Susquehanna Valley Construction Corporation, for any damages it may be required to pay to Plaintiff as a result of the negligent, careless and/or reckless acts or omissions by EFCO, its agents, representatives, servants and workmen. Respectfully submitted, GRIFFITH, STR;CKLER, LERMAN, SOLYMOS & By: BERT A. LERMAN, UIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corp 110 South Northern Way Dated: November 18, 2008 York, PA 17402 (717) 757-7602 7 7 VERIFICATION I, Mark Schug, hereby verify that the statements made in the foregoing Complaint of Complaint of Defendant, Susquehanna Valley Construction Corporation, to Join Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that the foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 related to unsworn falsifications to authorities. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Date: t/ O$ By: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 18"' day of November, 2008, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Complaint of Defendant, Susquehanna Valley Construction Corporation, to Join Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Kathennan, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STRI,CKLER, LERMAN, SOLYMOS & BY: Robert A. Lerman, Esquire #07 90 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc joinder York, PA 17402 (717) 757-7602 e)(IgiT 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANT, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, TO ADDITIONAL DEFENDANT, EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION SET NO. 1 TO: EFCO Corp. t/d/b/a Economy Forms Corporation, Additional Defendant c/o Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 The Defendant„ Susquehanna Valley Construction Corporation, by their attorneys, GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands that Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, answer the following Interrogatories under oath pursuant to Pennsylvania Rules of Civil Procedure 4005 and Pennsylvania Rule of Civil Procedure 4006 within thirty (30) days from the service hereof. These Interrogatories shall be deemed continuing so as to require supplemental answers if affiants obtain further information between the time the answers are served and the time of the trial. DEFINITION OF TERMS THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING INTERROGATORIES: A. "And" and "Or" means "and/or," and the singular form shall be deemed to include the plural and vice versa. B. "Describe" or "Description" when used with reference to any conversation, communication, statement, meeting, or discussion or any act, transaction;, occurrence, happening, instance, or event, means to provide the following information: 1. The subject matter and substance of that which took place; 2. The time, date and place thereof; 3. The identification of each person who participated therein, or who was a witness thereto; and 4. The identification of each communication or document which refers thereto or which was prepared or made during the course thereof or as a consequence thereof. C. "Documents" shall mean the originals, and all non-identical copies (whether different from the originals because of notes made from such copies or otherwise), of all written, printed, recorded or graphic matter of every kind and description, including all attachments or addenda annexed thereto, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic or visual reproductions, in the possession, custody or control of Plaintiff, including by way of amplification and not limitation: contracts, invoices, correspondence, notes, drafts, reports, plans, recordings, diaries, desk calendars, interoffice and interoffice memoranda, memoranda for file, memoranda of telephone conversations, and minutes of meetings or conferences. D. "He" and any other masculine pronoun includes any individual, regardless of sex, to whom the interrogatory would otherwise apply. E. "Identify," "Identification" or "Identity" means to provide the following information: 2 1. When used with reference to a natural person, state his full name and present or last known business and residence address, his last known or present business affiliation, and his position in business affiliation at the time of the transaction, occurrence, event, happening, or matter in question. 2. When used with reference to any entity other than a natural person (e.g., corporation, partnership, joint venture or association); state: (a) Its full names; (b) The address of its principal place of business; and (c) Its organization form and its purposes, primary business or activities. 3. When used with reference to an oral communication: (a) State the place at which and the date on which such oral communication occurred; (b) ' Identify each person making such oral communication, the person to whom it was made and each other person who was present (in person or by telephone) when it was made; (c) State the subject and substance of such oral communication; and (d) Specify, in accordance with paragraph (b) below, each document which relates or refers to each such communication or which was prepared and made during the course hereof or as a consequence thereof, F. "Person" means any natural person or any entity other than a natural person, including, but not limited to, sole proprietorships, partnerships, corporations, associations, joint ventures, co-ventures and any other legally recognized entity of any description whatever, as well as all divisions, departments, affiliates, subsidiaries, or other sub-units of the iPoregoing entities. 3 G. "Specify" when used with reference to a "document," calls ;for: 1. The nature of the document (e.g., letter, contract, chart, memoranda); 2. Its date; 3. Each author (and, in different, each signer) thereof, and each person to whom the document was distributed; 4. Its subject matter and substance; 5. Its present or last known location or custodian; 6. The disposition of such document if it was but is no longer in your possession or subject to your control; and 7. Any other information necessary to enable the custodian to locate the particular document and necessary for use in a subpoena duces tecum or in a demand for the production of the documents under Rule 4009 of the Pennsylvania Rules of Civil Procedure. H. "Date" means the exact day, month and year if ascertainable, or, if not, the best approximation (including the relation of other events). I. "You" or "your" refers to and shall be construed to mean the party to whom or to which these discovery requests are directed, as well as that party's agents, representatives, including without limitation, that party's counsel, insurance carriers and insurance agents, as well as investigators hired or retained by the responding party, its agents, representatives, or counsel. 4 :2I9Ac1SNV •slsonbo.z fzanoostp asaq1 01 s.zannsun papinozd zo/pun uoilnluoumoop .zo uoi?nuuolui Ouuogjn2? ui ponjonui, nvM dun ut 0.zom.10 polsissn ognn (olill qo f pun zofoiduzo `ssazppn `ouznu f q) sinnpinipui iIn ,?JtJuapt asnatd SaRIOZ DO R alma :Uamsly sligplxa I-e!4 lp, ?jTjuapI :Ida 1smv 'IU14 Ila itua ,?Uuz nofi sassauTIM III Jo `z011euz 10afgns pu-e ssazppe `auxeu.rig fgt}uapl L (Z Ilglgxa) Sulpe-13o IpEf oql jo uotlnoaxo pub AAainax `uoilendaid oqj ul panlonui slenpiniput JIB pue Aue Jo sassazppe pine sauxeN •q pue `(I Iiglgxa) luauzaaaV Ivjuod agl jo uotlnoaxo put Matnax `u011exedaxd ag1 ui panlonut slunpiniput JIB puE AuV Jo sassaxppe pine sauxeM T :2utenollo3 aqj aplAoxd `Z Itgigxg pue I Iigigxa ut paouonjoi on jvgj slowed jopzi2 oluld oqj of pnl3oj TptA Irejap luauxdtgs 2uaurduzooou gllm uotlEZodxoD uoiIonxlsuOD Aallsn uuueganbsns of pauotsuoo ssaxdxg p4iloo ABAk-u00 Jo 2uipUZ jo lltg Le jo Adoo u si Z llglgxa pa}Ixeuz pine pagoteUV 'UOII'ezodzoD uotIonx4suo0 AalleA uuuuganbsnS pue 033a u omgDq luouzaax2V Iujua2I E jo Adoo u si I llgigxa palxem pine pogoujjV •.v 8 ou 3i put, josin iadns op1pouzu i nq jo srq `aijtj qoC zau zo snq`(auit1 iuazm:) oqj g2nongj uoiloolos jo owil `•a•z) souul jut,nalaz lit, 1e ioAold-Luo ioq no sill [,JiIuapi Innpinipui got,a no3 put, suuo3 look su umou)l oslt, slouud napn o alnld look oqj guunoas III panlonuT slt,npTnipui 1113 pun AM JO sassanppn pun sault,tl 'p `.naquunu Xl!jnoos luioos pun ssanppt, umoml Isuj agj `uoilumdos jo o1up oqj `nfiolduuo palt,u2isop oqj jo aoKolduua ut, n 2uol ou j! puu jostn iadns aliaipouzuzi ioq jo siq `aljtj qo f zaq zo siq `(auzil duo-uno oqj g2nongj uoiloolos jo autil `•a •i) soum jut,nalan Iln it, naXolduia nag no siq ,?jtiuapt lunpiniput goua noJ put, suuoJ 1031s st, umou31 oslu slauud napni2 ainld look oqI ft 7ol ui panlonut slt,npinipui lit, puu fuu jo sossanppt, put, souuui?,j •o `.ioqumu X4umoos It,ioos put, ssazppt, umou3I Ist,l oqj `uoijt,nedas jo alt,p aqp `naColdwo palt,uOisap oqj jo ooXolduua uu lo2uol ou ji pun nosinnadns olulpouiuzi naq no siq `alai qof nag no sill `(oTull luanmo oql g2nojq uoiloolos jo ouin `•0•2) sauuTJ Iut,nala.z lln it, iofolduio nag no siq Xjiluopi Iunptniput gang noJ pun papt,ol no/ptre pa3Ionis anam goigm suuoj lams st, umou)l oslt, slound napni2 alt,ld lams oiLp jo uoiloodsui all} uT panlonut slt,npinTpuT IIt, PUB Xun JO sassauppt, put, sauut,N 'q `.naqumu Xjumas lnioos puu ssaippt, umomI Is-el agj `uolpmc as jo a}t,p aql `ioXolduio poltaisop oqj jo ooXolduuo un noguol ou 3i put, iosinnadns ajt,ipauuuu nail no sill `ojiip goInaq no sill `(ouill luouno aqp g2nozq} uotloolos jo auuil `•a •z) sauIlj Juunala.z Iit, ju zaXolduua nag no siq XJIIUapi It,npiniput got,a noJ pub papt,ol no/put, pwIoujs azam goigm suuoj lams st, umou}l oslt, slound zapmS ait,ld lams oq; Jo uotIoalas aqj ut panlonut slt,npinipui Ilt, put, 1,1113 Jo sassazppt, put, sauut,N •t, 2uimollo3 agj apinond 4 Z IIgigxa puu 1 I!q!gxa ui paouanaian on wip slaund napni2 aluld oqj of pun2az gjjA S :Ida smv `..zaquznu Xjunoos IEioos puu ssazppI? uMoux ISM oLp `uopEjudos 3o alup aill `-ioXolduza polou2isop alp jo o;DAolduza uu jo2uol Oi :2I ?gAc1SNV `.zaquinu )iiunoos Itioos put, ssaxppe umou3l isi?l `uoiitIndos jo ai-ep aqi `zaAolduza paieuSisop oqi jo ooAoldwa uE zaSuol ou ji pue zostnzadns aieipauzuii zag zo siq `aliii qof zag zo siq `(auzii iuazzno agi g2nozgi uoiioalas Jo auIii `•a'2) sauiii iuEnalaz iit, 173 ioXoldura zaq zo siq Ajjjuopi It,nptnipui goea ioj pue `iallyd uapoom ?Wr uodn suuoj lams ste umou)l oslte szapziS afield lams oqi Suunoos io/pue paptol zo/pue pa:loeis azam suuoj lams su umou:l osly sloued iopilg meld lams oqi goiqm uodn ialivd uapoom Niue Ouunoas ur panlonui sltenprnipui JIB pine (uL Jo sassazppe pue SQU-mm •p `.zaquznu Xiunoos It,ioos pue ssazppv umou)l isiei `uori2zudos 3o aiep agi `n)(olduza pairuSisop oqi jo =Aolduio ue zaSuol ou 3i pue iosinzadus ajuipounui zaq zo s.q `aliii goCzaq zo srg `(auiii iuouno agi g2nozgi uorioalaS JO aunt} "O-I) sauiii iuenalaz Iit, 1,e zaXolduza zaq zo sirl Xjiiuopi Ienpinrpui gOUQ zoJ pine POP7201 zo/pur; pa:loEis azam suzio3 lams st, umou3l osle slaued zapzio oirld lams agi goiqm uodn Tolled uapoom XUB SurpL'oI ui panlonut slEnpinipui Iit' putl flute 3o sassazppt' pine sauTeN •o `.zaqumu fqi mom Irtoos puu ssazppu umou}I istl `uoiiExedos jo ai-ep agi `zaxolduza paieuSisop oqi jo =Aoldim up zaSuol ou ji pie Tosinzadns aiuipauzuii zaq zo siq `alai qof zaq zo siq `(ouill iuauno oqi gSnozgi uoiioalas jo auiii '-a •1) souip ImAolaz Iit, fie za iolduia zaq zo siq Kjiiuopi ILnpinipui gOUQ zoJ pine papeol zo/pue p031oeis azam suuoj lams su umoual osly slowed zapzi5 afield lams agi goiqm uodn called uapoom Aur jo uoiioodsui aqi ui panlonui sILnpinipui Ilt' pine XUB Jo sassazppLe prW sauIEM 'g `.zaquznu,Kiiznoos Itioos pine ssazppe umo" is'el `uoilUxedos jo aiep oqi `.Toxolduza pait,u2isap oqi jo =Aolduio ue za2?uol ou 3i pine iosinzadns olulpauziui zaq zo siq `oliii qof zaq zo sig `(ouzii iuauno oqi g2nomp uorioolos jo auzii ` a z) sauna iuLnalaz iii it, zaAoldura zaq zo siq Xjiiuopi lenpinipui gOUO zoJ puE papLeol zo/pue paNoEis azam suuoj lams st umou}l osIv sloued zapzii? al7ald look oqi goiqm uodn jalled uapoom Rut, jo osn put, uoiioolos agi ur panlonui siEnpinipui iiV puE Cue 3o sassazppLe PILM SOULMN :2uimolloj aqi apinozd `Z Iigigxa pine I liglgxa ui poouazajaz axe iegi slaued zapzis aivId oqi of pxegaz giitkl '9 II :2IHAASNV 'zaqumu Xj?moos It,toos put, ssazppt, unmou)l }st,l oql `uoilUxedas jo alt,p agj `nSoldwo pajeu2isap oqj jo ooSoldumo ue zo2uol ou 3T put, zostnzadns alt,ipautuzt iaq zo sttl `allp gof zaq zo srq `(ouill luazmo agj gSno.zgj uotIoalos jo auziI '-a -z) somi1 Immolaz Ilt, je n koldwa zaq zo S111 XJtIuapi It,r?pinTput got,a zoj pue paddigs onm gorgnn suuoj laals st, unnouX st, slaued zapzi2 alt,ld laals aipjo sjqStann aniIelnumo pie It,npTniput put, jo zaguznu aql zoj aigisuodsaz zo/pue qj!M panlonut slt,nptnipui lit, put, kut,3o sassazppt, pue sault,u aqj apinozd `Z llgigxa put, i 1igigxg ui pomonjaz on 1egj slaut,d zapzt2 alt,ld aqj of pze2az gptA-k ZI :Hamsmv Z Iigigxg se pogotjje Sulpel jo IITq oqj uo pagizosop o2no oqp zoj zou c) iojouz oql se ssozdxg jt,.4mo ,Kern-uoD Jo u0113013s oqp ui ponlonut slenptniput Ilt' pug Cue Jo sasso.zppV PUB souxeu oqj opinoid `Z Iiglgxg pine I llglgxg ul poouoJoJoz On IL'gl sloued zopztg oluld oql of pxeSoj gjitkl '8 El :2IHAA,SNV .podsuE.u zo/pute luowdtus leiIiut zoj papieol azam slaued zapilS airld au} moil pu-e aa:aum `uaum albs `oloniq I llglgxa ul pogpuopi suuoj look se umoml osle slaued zapijS oltld aLp of joadsaz ujjM -6 t1T :Hamsmv •jajred uopoom Kue uo liodsue.4 jo luauzdigs zoj sjaued zapjiO aleid loo fgns age p07301 oqm put, moq pus azagm `uagm aliols `olazaq 1 IIgigxa ut pagiluapt suuoj jaals se umoux osle stained zapzi2 alLld aqo of laadsaz ql!M 'OT 11. Identify by name, address, employer and job title, all individuals who had any involvement with respect to the order from Susquehanna Valley Construction Corporation to Economy Forms Corporation for the rental of the steel plate girder panels also known as steel forms referenced on Exhibit 1 and if any such individuals are no longer employed by or affiliated with Economy Forms Corporation, please state each individual's current and/or last known address, social security number and/or current and last known employer, the date of separation and the reason therefore. ANSWER: 15 12. Identify all documents received by Economy Forms Corporation as the result of Susquehanna Valley Construction Corporation's placement of the order for the steel plate girder panels also known as steel forms reflected on Exhibit 1. 16 13. Identify all Economy Forms Corporation individuals by name, address, social security number, job title, job description and employer in anyway involved in processing the Susquehanna Valley Construction Corporation's order for the steel plate girder panels also known as steel forms reflected on Exhibit 1. ANSWER: 17 14. Identify all Economy Forms Corporation individuals by name, address, social security number, job title and/or job description in anyway involved in the paperwork generated by you in connection with the shipping of the steel plate girders also known as steep forms also reflected in Exhibit 1 and if any such individuals are no longer employed by Economy Forms Corporation, provide their date of separation, and current or last known address. 18 15. Identify all Economy Forms Corporation individuals by name, address, social security number, job title and/or job description in any way involved in the paperwork generated by you in connection with the physical inspecting, binding and/or preparation of the steel plate girders also known as steel forms reflected in Exhibit 1 for shipping from any EFCO facility in response to Susquehanna Valley Construction Company's order and if any such individuals are no longer employed by Economy Forms Corporation, provide their current or last known address and date of separation. ANSWER: 19 16. Identify, with specificity, any and all documentation/paperwork generated by you in connection with inspecting, binding and preparation of the steel plate girders also known as steel forms as reflected on the Exhibit 1 Rental Agreement for shipping and/or loading, securing or shipping and transport. ANSWER: 20 17. Describe with specificity the chain of shipment from the time the steel plate girders also known as steel forms reflected in Exhibit 1 left the possession of your facility to the arrival of the forms at the Susquehanna Valley Construction Corporation jobsite on August 2, 2006, commencing with the identity of the physical location from where the forms were first processed by you for shipment and including all relevant dates and identification of any and all individuals involved in the chain of shipment by you or any shipper, motor carrier or transporter you retained, and identifying any destination and/or stopping points prior to the arrival of the forms at the Susquehanna Valley Construction Corporation's jobsite on August 2, 2006. ANSWER: 21 18. Explain, with specificity, how the steel plate girders also known as steel forms as reflected on Exhibit 1 were bundled and shipped from your facility including references to any diagrams, illustrations or photographs which depict the shipping configuration. ANSWER: 22 19. Identify any standards, specifications and policies utilized by you with respect to shipment of steel plate girders also known as steel forms, including but not limited to dimensions, weight and/or configuration of product to be shipped, manner and method of transport and manner and method of loading and securing for transport from January 1, 2002, to the present time. ANSWER: 23 20. Identify any standards, specifications and policies utilized by you with respect to your product such as the subject steel plate girders also known as steel forms reflected in Exhibit 1, including but not limited to instructions for inspection and unloading of your products and state how such standards, specifications, policies and instructions are communicated to your shipper, transporter and/or motor freight carrier and/or consignee and identify any documentation existing regarding same. ANSWER: 24 21. Identify any standards, specifications, policies and/or instructions given to the motor carrier selected and hired by you to transport your product and state how such standards, specifications, policies and/or instructions are communicated and identify any such documentation which exists regarding same from January 1, 2002, to the present time. ANSWER: 25 22. Identify any standards, specifications, policies and/or instructions given to the motor carrier, shipper, transporter or consignee selected and hired by with respect to securing your cargo being transported and state how such standards, specifications, policies and/or instructions are communicated and identify any such documentation which exists regarding same from January 1, 2002, to the present time. ANSWER: 26 23. Identify any instructions, directives, policies or guidelines given to any and all of your employees or representatives who provided instructions, directives, policies or guidelines to any shipper, transporter, motor carrier or consignee of EFCO products including the steel plate girder panels also known as steel forms in connection with the transport of the plate girders/forms from January 1, 2002, up to the present time. ANSWER: 27 24. With respect to your Answer to the foregoing Interrogatory, for any period of time between January 1, 2002, up to the present time, identify by individual name and/or job title or description any and all of your employees or representatives who provided. instructions, directives, policies or guidelines to any shipper, transporter, motor carrier or consignee of EFCO products including the steel plate girder panels also known as steel forms in connection with the transport of the plate girders/forms in question and if verbal, enumerate the verbal instructions and if in writing, produce copies as part of your response to Susquehanna Valley Construction Company's Request for Production of Documents. ANSWER: 28 25. Identify by name and address all entities or third parties known to you to have any involvement whatsoever in the shipping and/or transport of the steel plate girder panels also known as steel forms as reflected in Exhibit 1 and provide a description of the nature and/or scope of any and all such involvement, to the extent known by you. ANSWER: 29 26. Identify by name, address and/or j ob description any and all individuals from Conway Freight/Conway Express known by you to be in any involved in the arrangement for transport, agreement for transport, transport, loading, inspection, securing, etc. of the steel plate girders also known as steel forms as reflect in Exhibit 1 and 2 hereof. ANSWER: 30 27. Identify any and all documentation received by you from Conway Freight/Conway Express or any other third party with respect to the transport, shipment, loading and/or inspection of the steel plate girder panels also known as steel forms as reflected in Exhibits 1 and 2. ANSWER: 31 28. Describe with specificity any and all instructions, directives, guidelines, policies or communications by you to Conway Freight/Conway Express for unloading of any of your product being transported by Conway Freight/Conway Express from January 1, 2002, up to the present time, and if same are embodied in writing, please describe and/or identify any and all such written documents. ANSWER: 32 29. Describe with specificity any and all instructions, directives, guidelines, policies or communications by you to Susquehanna Valley Construction Corporation :from January 1, 2002, up to the present time, and if same are embodied in writing, please describe and/or identify any and all such written documents. ANSWER: 33 30. Within the period of time of five years prior to the date of incident which is the basis of Plaintiff's Complaint, have you received any complaints or reports of accidents or incidents, claims and/or lawsuits involving any death, personal injury to people or damage to property relating to steel plate girder panels also known as steel forms furnished by you and if so, provide the following: a. The date; b. Brief description of the complaint, accident or incident claim or lawsuit; C. Identity of the involved parties; d. Manner in which any such complaints, accidents, incidents, claims or lawsuits were addressed and/or resolved; and e. With respect to any claims or lawsuits, identify any involved insurer, claim number and caption of any lawsuit. ANSWER: 34 31. Within the period of time of five years prior to the date of incident which is the basis of Plaintiff's Complaint, have you received any complaints or reports of accidents or incidents, claims and/or lawsuits involving any death, personal injury to people or damage to property relating to the transport of any of your EFCO steel girders furnished by you and if so;, provide the following: a. The date; b. Brief description of the complaint, accident or incident claim or lawsuit; C. Identity of the involved parties; d. Manner in which any such complaints, accidents, incidents, claims or lawsuits were addressed and/or resolved; and e. With respect to any claims or lawsuits, identify any involved insurer, claim number and caption of any lawsuit. ANSWER: 35 .32. Within the period of time of five years prior to the date of incident which is the basis of Plaintiff's Complaint, have you received any complaints or reports of accidents or incidents, claims and/or lawsuits involving any death, personal injury to people or damage to property relating to the unloading of any of your EFCO steel girders and if so, provide the following: a. The date; Lb. Brief description of the complaint, accident or incident claim or lawsuit; C. Identity of the involved parties; d. Manner in which any such complaints, accidents, incidents, claims or lawsuits were addressed and/or resolved; and e. With respect to any claims or lawsuits, identify any involved insurer, claim number and caption of any lawsuit. ANSWER: 36 33. From January 1, 2002, to the present time, have you ever utilized wooden pallets to ship steel plate girder panels also known as steel forms to any customers? ANSWER: 34. Have you ever received a claim, notice of a claim or been sued because of an incident or accident involving death, personal injury or property damage related to the condition of a wooden pallet upon which your product was loaded, shipped and/or transported by you and/or by any third party or other individual and if so, provide the following: a. The date; b. Brief description of the complaint, accident or incident claim or lawsuit; C. Identity of the involved parties; d. Manner in which any such complaints, accidents, incidents, claims or lawsuits were addressed and/or resolved; and e. With respect to any claims or lawsuits, identify any involved insurer, claim number and caption of any lawsuit. ANSWER: 37 35. When and how did you first learn of the accident involving the Plaintiff in this lawsuit? ANSWER: 36. Do you have a file regarding the incident which is the subject of this lawsuit? ANSWER: 38 37. Do you have any photographs involving this accident? ANSWER: 38. Do you have any statements involving this lawsuit? ANSWER: 39 39. With respect to any of the allegations in Plaintiff's Complaint and Defendant's Joinder Complaint, were you covered by any policy of insurance which protected against the loss which is the subject of this case? ANSWER: 40. If so, state for each such policy: a. The name, principal place of business and telephone number of the insurer; b. The name, address and telephone number of the named insured; C. The policy number; d. The effective dates of coverage; e. The amount of liability coverage, specifying the terms thereof; and f. The amount of any deductible or self-insured retention limit. ANSWER: 40 41. Has the insurance company or companies involved raised any issue as to your coverage for damages arising from the allegations set forth in Plaintiff's Complaint and Defendant's Joinder Complaint? If so, please set forth in detail the basis for such issue, reservation of right or denial of coverage. ANSWER: 42. If any issue as to coverage arising from the allegations set forth in Plaintiff's Complaint and Defendant's Joinder Complaint has been raised by the insurance company or companies involved, please set forth your position as to this issue. ANSWER: 41 43. Are you protected against the type of risk which is the subject of this action by any: a. Reinsurance; b. Excess insurance; C. Umbrella policy; and d. Self-owned or closely held business insurance. ANSWER: 44 coverage state: If your answer to any portion of #43 above is in the affirmative, for each such a. The name, address and telephone number of the insurer; b. The number of the policy; C. The form of insurance; d. The effective dates of coverage; e. The amount of coverage, specifying the terms thereof, f. The name and address of the named insured; g. The amount of any deductible or self-insured retention limit. ANSWER: 42 45. Has the insurance company or companies involved in your answer to Interrogatory #43 raised any issue as to your coverage for damage arising from the allegations set forth in Plaintiff's Complaint and Defendant's Joinder Complaint. If so, please set: forth in detail the basis for each such issue, reservation of right or denial of coverage. ANSWER: 46. Are there any industry standards or regulations that you follow with regard to loading product or shipping product, including but not limited to steel plate girder panels also know as steel forms and if so, provide same. ANSWER: 43 47. State the name, address, occupation and field of specialization, if any, of each person whom you expect to call as an expert witness at trial, and state as to each the subj ect matter on which the expert is expected to testify. ANSWER: 48. Set forth the qualifications of all those persons listed in the Answer to the preceding Interrogatory and in doing so, as to each expert, list: formal education; the schools attended, including years of attendance and degrees or certifications received; experience in particular fields, including names and addresses of employers with inclusive years of employment and positions held; teaching positions or other affiliations; and a list of all publications authored by said persons, including the title of the work, the name of the periodical or book in which it was printed, and the date of its printing. (In lieu of answering this Interrogatory, please attach a copy of each expert's Curriculum Vitae or resume.) ANSWER: 44 49. a. Set forth the facts to which each expert you have listed is expected to testify; and b. Set forth the opinions to which each such expert is expected to testify. ANSWER: 50. Identify and describe any photographs, experiments, videotapes, movies, transparencies, models, diagrams, facsimiles, drawings, plans, tests, or other device or thing to be utilized by any expert to illustrate testimony or otherwise to support any opinion to be offered. ANSWER: 45 51. Describe the length of your business relationship for transportation and shipping services with Conway Freight/Conway Express. ANSWER: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Robert A. Lerman, Esquire #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way Dated: ?,(( York, PA 17402 (717) 757-7602 46 u7/31/EUUtf 11:YO FAl 6108107841 EFCO URTUCCi Q003 FROM 1FPX NO. •7177141644 Jul. 31 2006 10:57AM P2 07/91/2006 10430 FAX 61091'17041 IEM) 1(s1 rticcr 0002 fair tfaoma % Symimmm r OWN mummm" A at. and. • ow* i"CI A u AS acwace coMPA4 AfK ACipE?klf NNi• VI »4? e"2 M p cr vrwr)c akao= war Pa u 1 WON) 6w ?Q '??? 9 ?¢- 720 Il?artuaaM .lehn LOORMN , W?re OF Awu rsta Y rtmt tafl'PA ff1- ;?'p+Ji,° A04!b? S??° OdJ? " S ?uW6 MNTaAGTOFi ' P40QNe Cvlms FoRma 1taft 2JAif 6 ConA+trAAedbtn ?'(9-7147481 sea- ACME" , trope !75 Lamam at, 1 ' 1 d dTr Crxre , xw t7r Now C d 17m'JO) arua0'tY ?er++u. Qt£acArvtrorr . ? . EOW pesos wpr¢" *PPM*-a+y l 120 OF ortaao EFL`Q wiII a>p>Y 10 aL.T.r1x 6 . 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AltiRE511iNT ala Oro 6 ? l a-? -- 4 l ' (OVER) Pa1Qat 1 of 8 r I, I EXHIBIT WARRANTY TERMS AND CONDITIONS S. EVIDENCE OF OEWERiES AND RETURNS. Carriers' waybill and bills of lading shalt be evidence of the amounts and dates of deliveries and retums of equipment. In the event of a dispute as to the amount or type of equipment returned, EFCO's count and records shall govern. 10. CARRIERS. Ali carriers shall be agents of Customer and ail freight or shipping charges win be paid try Customer. 11. TITLE AND POSSESSION. At all times, We to the equipment shall remain with EFCO. During such periods, Customer will kbap it free of all tiers and will not sell, sublet; rent, encumber or otherwise dlpose of it nor otherwise suffer It to come Into the possession or use of others or be transferred to another job without EFCO's prior written consent 12. CARE OF EQUIPMENT. Customer will keep The Rented Equipment well olled, protected, and cleaned and will return It to EFCO in as good condition as it was received except for ordinary wear and tsar from careful use. Equipment returned to EFCO In condition o%er than that specified above Will. be refurbished by E.FCO at Cus'tomer's expense. Damaged equipment must be properly repaired prior to the return of the equipment or the repaks will be made by EFCO at Customer's expense. Any rented items not returned or damaged beyond repair shall be paid for by the Customer at the replacement cost per price list noted in Paragraph 3. The identical pieces rented must be returned to EFCO. 13. ERECTION DRAWINGS. EFCO will famish such EFCO ERECTION DRAWING SERVICE for the said project as it shag deem necessary for the use of the equipment fuNNshed under this agreement. Such drawings shall be chocked as to correctness by customer before use, and failure to notify EFCO of objection thereto shag constitute approval of them. 14. LIABILITY. Customer shall be entirely responsible for and shag pay and exonerate EFCO from liability for damages arising from injury to any persons or property as tits result of the use or possession of the Ranted Equipment by Customer, its agents, employees, subcontractors or any others after Its delivery by EFCO and until its return to EFCO's possession. Customer shag also indemnify, defend and save harmless EFCO from any such claims, founded or unfounded and whether based upon negligence or otherwl". and reasonable attorney fees incurred incident thereto. 1S. EXCLUSION. This Agreement together with any duly executed and accepted supplements attached to it, incorporates any and all agreements and understandirW of every kind and nature concaming the subject matter and no other representation, warranty or estimate of any kind or nature which Is not set forth herein is authorized by nor binding upon the parties. 16. REMEDIES. If any payment due hereunder Is not made In fug when due, or If customer fails to perform any of the obligations hereunder, EFCO. may take possession of said Property wherever found, with'or without process of law. Customer agrees further, in case of b default to pay all amounts due hereunder plus interest and any and all charges and expenses, ktduding reasonable attorney fees, Incurred by EFCO In taking possession of said Property and In collecting amounts due hereunder. This agreement shall be construed and enforced according to the lam of the State of Iowa. Anyaction In regard to this agreement or arising out of its terms and conditions may be Instituted and litigated In the Iowa District Court for Polk County, Iowa. Customer consents to The jurisdiction of such court and agrees that service of process as provided by the statutes and rules of procedure of Iowa for nonresident persons or foreign corporations deemed to be doing business In Iowa shall be suffirlent. 17. NOTICES. Notices to EFCO provided for herein shall be In writing and effective only upon actual delivery to EFCO at its home office at 1800 N.E. Broadway Ave., Des Moines, Iowa 80313-2644. I& ACCEPTANCE. The agreement shall not become effective until its acceptance in writing by an authorized representative of EFCO. 18. DEFINITION. When this-agreement covers both Rental and Purchase equipment or services, EFCO as used In this agreement shag be construed to mean EFCO and/or supplier, Customer to mean Customer and/or Purdraser, Rent tr mean Rent and/or Purchase. All other terms affected shall be construed simitady to gore effect m the Inert of this paragraph to cover equipment or services bath Rented and Purchased. 20. WARRANTY AND CONDITIONS. The Property covered under the terms of this Agreement Is warranted against defective workmanship or materials only and EFCO's liability therefore is strictly limited to the repair or replacement of any defective property covered hereunder as to which it has had prompt notice of the alleged defect from Customer within a reasonable time after the discovery of said alleged defect and had reasonable opportunities to inspectlhe property and to repair or replace it. In no event shag EFCO's liability to Customer hereunder exceed the actual and direct costs of labor, materials, transporlatior and equipment reasonably necessary for the repair or replacement of such property covered hereunder, nor include any other Incidental, indirect or consequential damages. EFCO wID not provide- a warranty for the structural Integrity of any forms or equipment modified by the Customer unless the modification is approved in waiting by EFCO, nor will EFCO provide a warranty for the structural Integrity of any form or equipment set up In which the Customer uses forms or equipment not supplied by EFCO: 'The EFCO PLATE GIROEROD Form System is a registered trademark. This product: was designed for use with products manufactured by EFCO and it is recommended that it not be commingled with products of other mamhct rers' forming systems! Customer shall comply with all federal, state and local laws, including all Occupation and Safety Health Act (OS" regulations. Customer further agrees to instruct ail users in the safo asserrrbty and use of ft- equipment, and shag provide to users EFCO field Instructions and drawringis. EFCO makes no specific warranties as to the total labor required nor as to tha time In which the Customer might "expect to complete the particular project hereunder or any subsequent projects using property herein provided. Customer acknowledges that no other representations or warranties were made or relied upon with respect to the quality and function of the equipment. THIS WARRANTY IS 'IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. EFCO 1800 NE Broadway Avenue Des Moines, Iowa, USA 50313-2644 EFC612 ar765e11011LaAn9 BILL OF LADING STRAIGHT BILL OF LADING - SHORT FORM - ORIGINAL - Not negotiable. Contract Number: 0605123-01 Received, subject to the classifications and Shipment Number: 230368 tariffs in effect on the date of the Bill of Lading. Customer Number. 05836 CON-WAY CENTRAL EXPRESS 217-570872 Revision Number: 002 AT: MARLBORO, NJ 07746 DATE: OIAUG06 FROM: EFCO CORP. the property described below, in apparent good order, except as noted (contents and mr4gion of packages unknown), marked consigned, and destined as indicated below, which said carrier (the word carrier being understood throughout this contract as meaning any person or corporation in possession of the property under Me contract) agrees to carry to is usual place of delivery at said destination, if on its route, otherwise to deliver lo another carrier on the route to said destination. It is mutually agreed, as to each carrier of all or any of said property over all or any portion of said roule to destination, and as to each party al any time Interested in all or any of said property that every service to be performed hereunder shall be subject to all the lemma and conditions of the Uniform Oomestic Straight Bill of Lading set forth (1) in Urdlorm F,rrght Classification in effect on the dale hereof, if this is a rail or rail-water shipment, or (2) in the applicable molor carder dassificatim or tariff if this is a motor carrier shipment. Shipper herby certificates that he is familiar with all the [arms and conditions of the said bill of lading, including Intwe an the bark thereof, set forth in the classification or tariff which governs the tranportation of this shipment, and the said terms and conditions we hereby agreed to by the shipper and accepted for himself and his assigns. The fibre boxes used for this shipment conform to the specifications set font in the box makers certificate (heron, and all other requirements of Rule 41 of the Consolidation Freight Classification. "Shippers imprint in lieu of stamp; not a part of bat of lading approved by the Interstate Commerce commission: Consigned To: SUSQUEHANNA VALLEY CONST. CORP_ PA TURNPIKE (1-76) AT GETTYSBURG EXIT CAMPHILL, PA 17011 Phone: (717) 774-7461 FOR CARRIER CONVENIENCE ONLY ........ Bundle(s) (As per attached packing list) No. Pkgs. Kind of packages, Description of Articles, Special Markings, And Exceptions STEEL FORMS FOR CONCRETE CONSTRUCTION AND ACCESSORIES KDNOI ITEM 759t5 DENSITY> 50LBS PER CU. FT. CLASS 50 Bill To: 2 I I 1 I I I1 1 ? 1 I I 1 1 I I I I i I I ll I I I 1 I I I l I I I tC_jfe I2A7-570872 EXHIBIT °- I a a WARNING a a Driver responsible for tie down. Equipment may be coated with IubricanL Load can shift if not properly secured, Per: EF( Per: Customer Per: Fcr shipment per instructions of EFCO CORP. Svt fad m sacaan r dcanaaana a7 apptkable ba d Wdip. / Na sNpnent Is b be dal[-d to Na eansignae .ilhaut raCauRa an ate conaigrw. eu mnslgnr shall sign ate 60-1-9 aut-L Th. urlar Nd rail ..ka d.&.y a this sho-1 .asmrpayment d Wont one a1 Whar I-Ad images. {sgn.uaa at Coeaigrar) 11 charges an q be Prepaid. M4 a aOmp men To be Ixepaie: Prepaid s... i lal s 'w apply in prapaymenl at Na margas on N. pmpany d-fixtd eeman. Agent r Cashier Pr (The d noun, bane aekr-r .dpas a++7' Ns amount prapaio) Charges M.anod e TOTAL WEIGHT: 2,660 (Required) Agent Print (Person signing for equipment is responsible for packing list) LJ Carrier 0 Sequentially Numbered Shipments File F ]Warehouse File ul Customer Derritory Manager Field Service ^ 3655 ° Shipment Detail : erina:smp. Project Number: 0605123 Project Description: MISC. PANEL RENTAL Agreement: 0605123 Job Description: PA TURNPIKE - GETTYSBURG INT. Job Part: 01 of 01 Job Part Description 2R X 6' PLATE GIRDERS Customer Number: 05836 Customer Name: SUSQUEHANNA VALLEY CONST. CORP. Customer PO #: Contact Info First Name: Last Name: Phone Number: Cell Phone Number. Fax Number: Email Address: Shipment Number: 230388 Truck Line: NJ CCX - CON-WAY CENTRAL EXPRESS Date Shipped: 01AUG06 Pro Number: 217-570872 Date Lease Starts: 01AUG06 Ship: Prepaid 8/1/2006 3:03 pm S District: PITTSBURGH Territory Mgr: MARTUCCI, JOHN (563) Revision: 002 Date Entered: OIAUG06 Entered By: JOAN WULACH Location: MARLBORO Unit Unit Total Line N-R Quantity Item # L-S-O Description Area Weight Weight 001 R 10 06801 L Plate Girders 2'-6'R x 6-0 Shipping Address: CAMPHILL, PA 17011 15.00 266.00 2,660.00 Lease Weight 2660.00 Sale Weight: Total Weight: 2,660.00 Page t of t Equipment is listed in ascending sequence by item family. i (;U11"fLLJr/`:SY WWW.CON-WAY.COM )I??)??J)III(I1??I?III?(I?(?(I COPYtu(yc? I RFFR I T(? THIRNII i?ao 14001 cNwv 0 4 3 EOUIP;TJ??v18ERi "' .? OUR EVEUE ADVANCE BEYOND DESTINATION ?Y Ff7 ?J V i_ i.7 ' .'. 'I. I ' `, i , 72 t r CONSIGNEE SHIPPER S NUMBER 144-' 2' 0 M-1 E t'tr"t t'air t.r=t...l_f;'., r[??'i_ T CORP I. 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'sajnJ OUR suoplPlJOa _eual talnPg4as E.Uioud S,AgA:I-uc7 P11), '6Bl-J.kdaO gcaJ fiur,E? to 1I!fl Sr ,4t c9 loa.igns 'flcfde Ileu9 IUquid!US eyt )a bieP 941 uo pays uls,6UI el.lo II19 t46!eJ15 w1cJlufj (snuaS 7010 ?t9P!P vul;e Ig: =iJ Ri6rJ j 10101.9 1ev0pL14 ey1 Ic svq!ipuo: 'pus. sLujal ?ill 'rjupu•,1 sell,2d,° 1 ? of tsJ6g a miswo sseiun It --... y... - - E StdQIlIOF?C3? Qtd SPJki'll' - , 'J ?n i } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law CERTIFICATE OF SERVICE AND NOW, this _ day of , 200, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Susquehanna Valley Construction Corporation, to Additional Defendant, EFCO Corp. t(d/b/a Economy Forms Corporation by United States Mail, addressed to the party or attorney of'record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehey, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel Additional Defendant) GRIFFITH, & CALKINS RobertA. Lerman, Esquire #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc-int-efco York, PA 17402 (717) 757-7602 ex 13i7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No. 08-4157 JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANT, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, TO ADDITIONAL DEFENDANT, EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION SET NO. 1 TO: EFCO Corp. t/d/b/a Economy Forms Corporation, Additional Defendant c/o Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 Pursuant to Pa.R.C.P. Rule 4009, as amended, Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation is requested to produce for inspection, examination and copying, at the offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, 110 S. Northern Way, York, Pennsylvania 17402, not later than thirty (30) days after service of this Request, the documents herein described. 1. Produce all documentation reviewed, consulted or referred to answer any of the foregoing Interrogatories. 2. Produce all documentation including, but not limited to, contracts, correspondence, communications, memoranda, invoices, purchase orders, shipping documents, billing documents (including electronically stored data) between you and Susquehanna Valley Construction Corporation relating to the product which is the subject of Exhibits 1 and 2 attached to Defendant Susquehanna Valley Construction Corporation's First set of Interrogatories to EFCO served concurrently herewith. 3. Produce all documentation including but not limited to contracts, correspondence, communications, memoranda, invoices, purchase orders, shipping documents, billing documents (including electronically stored data) between you and Con-Way Central Express relating to the product which is the subject of Exhibits 1 and 2 attached to Defendant, Susquehanna Valley Construction Corporation's First set of Interrogatories to EFCO served concurrently herewith. 4. Any documentation supplied by you to Con-Way Central Express with regard to loading of the steel forms in question. 5. Any documentation supplied by you to Con-Way Central Express with regard to securing the steel forms in question. 6. Any documentation supplied by you to Con-Way Central Express with regard to inspecting the steel forms in question. 7. Any documentation supplied by you to Con-Way Central Express with regard to shipping and/or transporting of the steel forms in question. 8. Any documentation supplied by you to Con-Way Central Express with regard to unloading of the steel forms in question. 9. Produce all documentation describing in any way any business or legal relationship(s) between you and Con-Way Central Express from January 1, 2002, to the current date. 10. Produce any and all documentation which exists relating to the loading, securing, transporting, inspecting, shipment and unloading of the product which is the subject of Exhibits 1 and 2 attached to Defendant, Susquehanna Valley Construction Corporation's, Interrogatories, Set 2 No. 1 to EFCO served concurrently herewith. 11. Product all documentation which exists with respect to the chain of shipment and/or transport of the product which is the subject of Exhibits 1 and 2 attached to Defendant, Susquehanna Valley Construction Corporation's, Interrogatories, Set No. 1 to EFCO served concurrently herewith, from the time of fabrication of the forms to August 2, 2006, when the product arrived at the Susquehanna Valley Construction Corporation job site on t:he Con-Way truck. 12. Produce any documentation which exists including, but not limited to, diagrams, illustrations or photographs, which depict the shipping configuration of the product which is the subject of Exhibits 1 and 2 attached to Defendant, Susquehanna Valley Construction Corporation's, Interrogatories, Set No. 1 to EFCO served concurrently herewith. 13. Produce any written standards, specifications or policies utilized by EFCO with respect to the shipment of steel plate girders also known as steel forms including but not limited to dimensions, weight and/or configuration of product to be shipped, manner and method of transport, and manner and method of loading and securing for transport. 14. Produce any written standards, specifications or policies; utilized by EFCO with respect to your product such as the subject steel plate girders also known as steel forms reflected in Exhibit 1 attached to Defendant, Susquehanna Valley Construction Corporation's, Interrogatories, Set No. 1 to EFCO served concurrently herewith, including but not limited to instructions for inspection and the unloading of your products together with any documentation which reflects how such standards, specifications, policies and/or instructions are communicated to your shipper, transporter and/or motor freight carrier and/or consignee. 15. Produce any written standards, specifications or policies utilized by EFCO with respect to your product such as the subject steel plate girders also known as steel forms reflected in 3 Exhibit 1 attached to Defendant, Susquehanna Valley Construction Corporation's, Interrogatories, Set No. 1 to EFCO served concurrently herewith, including but not limited to instructions given to the motor carrier selected and hired by you to transport your product together with any documentation communicating such standards, specifications, policies and/or instructions. 16. Produce any written standards, specifications or policies utilized by EFCO with respect to securing your cargo being transported such as the subject steel plate girders also known as steel forms reflected in Exhibit 1 attached to Defendant, Susquehanna Valley Construction Corporation's, Interrogatories, Set No. 1 to EFCO served concurrently herewith, including but not limited to instructions given to the motor carrier selected and hired by you to transport your together with any documentation communicating such standards, specifications, policies and/or instructions. 17. Produce any written standards, specifications, policies, instructions and/or communications given to Con-Way Central Express with respect to: a. loading, unloading, inspecting, shipping, securing, transporting and/or unloading of steel forms also known as steel plate girders generally from January 1, 2002, through December 31, 2006; and b. loading, unloading, inspecting, shipping, securing, transporting and/or unloading of steel forms also known as steel plate girders for your product which is the subject of Exhibits 1 and 2 attached to Defendant, Susquehanna Valley Construction Corporation's, Interrogatories, ;Set No. 1 to EFCO served concurrently herewith. 18. Produce any written instructions, directives, policies or guidelines given to any EFCO employees or EFCO representatives relating to loading, securing, inspecting, transporting and unloading of steel plate girder panels also known as steel forms from January 1, 2002, up to 4 December 31, 2006. 19. Produce any documentation which identifies any and all entities or third parties known to you to have any involvement whatsoever in the loading, securing, inspection, shipping/transport and/or unloading of the steel plate girder panels also known as steel forms as reflected in Exhibit 1 attached to Defendant, Susquehanna Valley Construction Corporation's, Interrogatories, Set No. 1 to EFCO served concurrently herewith. 20. Produce any and all documentation received by EFCO from Con-Way Central Express or any other third party with respect to the transport, securing, shipping, loading, inspection and/or unloading of the steel plate girder panels also known as steel forms as reflected in Exhibit 1 and 2 attached to Defendant, Susquehanna Valley Construction Corporation's, Interrogatories, Set No. 1 to EFCO served concurrently herewith. 21. Produce your file relating to the accident which is the subject of this lawsuit exclusive of any privileged communications with counsel. 22. Any documentation of any kind relating to any complaints, concerns or reports of accidents or incidents or near accidents, claims and/or lawsuits involving death, personal injury or damage to property as a result of the loading, securing, transporting/shipping and unloading of steel plate girder panels also known as steel forms furnished by EFCO for the past five (5) years. 23. Produce all photographs in your possession, custody or control or your counsel's, or any other person or entity acting on your behalf, including any insurers showing, representing or purporting to show any real estate, locales, instrumentalities, persons, and any and all other matters related to the subject matters of this litigation. 24. Produce all diagrams, sketches, drawings, plans, measurernents, or blueprints in your possession, custody or control, or your counsel's, or any other person or entity acting on your behalf, 5 including any insurer showing, representing, or purporting to show any of the instrumentalities, locales, persons or other matters involved in the allegations set forth in Plaintiffs' Amended Complaint. 25. Produce all statements, signed statements, transcripts of recorded statements or interviews, recorded statements if not transcribed or any statement of recorded statements if not transcribed verbatim taken of any parties, persons, or witnesses as part of an investigation of the happening or cause of the incident in question, conducted by, or in your possession or in the possession of your attorney, insurers, or anyone else acting on your behalf, 26. Produce all documents prepared by you, or by your insurers, representatives, agents or anyone acting on your behalf, except your attorneys, during an investigation of any aspect of the allegations set forth in Plaintiffs' Complaint or the Susquehanna Valley Construction Corporation Joinder Complaint against you. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. (NOTE: As referred to herein, "documents" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings or any other writing (including copies of the foregoing, regardless of whether the parties to whom this request is addressed is now in the possession, custody or control of the original) now in the possession, custody or control of co- defendant, his/her former or present counsel, agents, employees, officers, insurers, or any other person acting on co-defendant's behalf.) 6 27. If not otherwise covered by the above Requests, the complete claims/investigation/subrogation file(s) of any of your insurers dealing with the incident in question, with the exclusion of the mental impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 28. Produce all documents in your possession, custody or control, or the possession, custody and control of your counsel or insurers, or anyone else acting on your behalf, dealing in any way with injuries, damages and losses allegedly sustained by Plaintiff. 29. Produce declaration pages for all of your policies of insurance which may have offered coverage or potential coverage for the allegations set forth in Plaintiff's Complaint or the Susquehanna Valley Construction Corporation's Joinder Complaint. 30. Produce any industry standards or regulations that you have followed and/or utilized with regard to the loading, securing, inspecting, transporting/shipping and unloading of your product including but not limited to steel plate girders also known as steel forms from January 1, 2002, to the present time. GRIFFITH, STRI ER, LERMAN, SOLYMOS & CALKEO BY: / ?' R6bert A. Lerman, Esquire ##074 0 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way Dated: York, PA 17402 (717) 757-7602 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No.08-4T P'' CERTIFICATE OF SERVICE AND NOW, this of , 200_, I, Robert . A. Lerman, a member of ?Ea- the firm of GRIFFITH, STRICKLER, LE , SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Request for Production of Documents of Defendant, Susquehanna Valley Construction Corporation, to Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehey, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: ./R ert A. Lerman, Esquire 074 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way klr/svcc-rfpd-efco York, PA 17402 (717) 757-7602 e Y 1 *00*6 1 5 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE+ + Board Certified Civil Trial Advocate 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars May 20, 2009 (Dictated May 19, 2009) VIA FACSIMILE AND U.S. MAIL Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR, II OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI Michael A. Farrell, Esquire Farrell & Fraticelli, P.C. 4423 North Front Street, Suite 1 Harrisburg, PA 17110 RE: John R. Smith v. Susquehanna Valley Construction Corporation v EFCO Cori). t/d/b/a Economy Forms Corporation, Cumberland County C.C.P. No. 08-4157 Gentlemen: Enclosed with Mike Farrell's copy of this letter is a copy of correspondence I received on May 19, 2009, from Attorney McMahon regarding depositions in this case and in particular depositions of Con-Way representatives. It is my understanding that Mr. Milsten's paralegal (Kim) has not yet had an opportunity to discuss Mr. McMahon's request that Con-Way representatives be deposed before other individuals in this case with Mr. Milsten. I have no objection to deposing the Con-Way representatives first nor do I have any particular preference with respect to the scheduling of the individuals Mr. Milsten has indicated he wants to depose at this time (two state troopers, two EMS responders, Paul Strawser of SVCC and Bob Rishell of SVCC). From our perspective, we would want to depose representatives of Con-Way at this time, who can speak to the following issues: 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: info0)Qslsc.com WEBSITE: www.oslsc.com Robert A. Lerman's EMAIL: rlermanOoslsc.com The relationship in general between Con-Way and EFCO (pre and post this incident). May 20, 2009 Page Two • The specific relationship and transaction between Con-Way and EFCO with regard to the shipment of forms in question. • These individuals with knowledge as to the receipt and transport of the forms in question from pickup/receipt from EFCO to the time of the accident to include specific information relating to all loading, unloading, reloading, inspections, securing, etc. of the forms. • Con-Way's recordkeeping practices generally and Con-Way's recordkeeping practices specifically in connection with the forms in question. • The individual(s) from Con-Way who were involved in investigating Mr. Smith's accident and/or overseeing and/or directing any investigation of Mr. Smith's accident. The information relayed to us by Mr. McMahon is that Con-Way introduced the wooden pallet during one of the multiple moves of the forms (plate girders) between the EFCO warehouse in Marlborough, New Jersey and the arrival of the forms on the back of Con-Way truck at the SVCC job site. The information relayed to us by Mr. Farrell is that it is the position of Con-Way, that the forms (plate girders) were given by EFCO to Con-Way for transport already on the wooden pallet. We have noted that Mr. McMahon feels the depositions should begin by conducting a designee deposition of a Con-Way representative. In that regard, we would suggest Mr. McMahon provide the Notice outlining his planned scope of inquiry and we will subsequently issue one or more additional Notices in the event we have either a broader scope of inquiry or a more specific scope of inquiry. We certainly have no objection to scheduling the depositions of the Con-Way representatives as well as the other individuals Mr. Milsten has indicated he wants at this time. However, we are certainly going to need more than two days and in this regard, our office will contact all counsel to secure additional dates (in addition to July 28 and 29). Our collection of records regarding Mr. Smith should soon be complete and. we would anticipate we would be in a position to take his deposition sometime in September or October. Likewise, we would anticipate taking the depositions of EFCO representatives in September or October, 2009. t Very truly, yours, ROBERT A. LERMAN klr/svccsm-ltr Gx?$?T (19 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G.LUTZ- MICHAEL B. SCHEIB* THOMASB.SPONAUGLE 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717)757-3763 EMAIL: info(aoslsc.com WEBSITE: www.aslsc.com ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR, II Robert A. Lerman's EMAIL: rlermanRaoslsc.com 'Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars March 4, 2009 (Dictated March 3, 2009) VIA FACSIMILE AND U.S. MAIL Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI RE: John R. Smith v. Susquehanna Valley Construction Corporation v EFCO Corp t/d/b/a Economy Forms Corporation, Cumberland County C.C.P. No. 08-4157 Dear Tim: In follow up to our recent discussion, the following is a list of information and/or documents which we would ask that you provide on behalf of EFCO in the form of notarized Affidavits: • The identity of all EFCO individuals by name, address and job tittle and/or job description who had any involvement with respect to the order from SVCC to EFCO for rental of the forms in question (embodied in the terms of the Rental Agreement attached to EFCO's Answer to our Joinder Complaint). • All internal documentation in EFCO's possession generated as a result of SVCC's order of the forms in question. • All documents received by EFCO as a result of SVCC's order of the forms in question. • The identity of all EFCO individuals by name, address and job title and/or job description in any way involved in processing the SVCC order for the forms in question. Timothy J. McMahon, Esquire March 4, 2009 Page 2 • The identity of all EFCO individuals by name, address and job title and/or job description in any way involved in the paperwork generated in connection with shipping of the forms in question. • The identity of all EFCO individuals by name, address and job title and/or job description in any way involved in the physical inspecting, binding and/or preparation of the forms for shipping from EFCO's facility in response to SVCC's order. • All paperwork generated by EFCO in connection with inspecting, binding and preparation of the forms for shipping and/or loading, securing or shipping and transport of the forms rented to SVCC. • A detailed description of the chain of shipment from the time the subject forms left the possession of EFCO's facility to the arrival of the forms at the SVCC job site on August 2, 2006, starting with the identity of the physical location from where the forms were first prcoessed by EFCO for shipment and including all relevant dates and identity of any and all individuals involved in the chain of shipment and any destination stopping points prior to arrival of the forms at the SVCC job site. • A detailed description of the how the forms in question were bundled and shipped from EFCO's facility, including any diagrams, illustrations or photographs which depict the shipping configuration. • A description of any instructions, directives or guidelines provided by SVCC to any shipper, transporter or motor carrier in connection with the transport of the forms in question and if verbal, identify the name of all EFCO representatives by whom such instructions, directives or guidelines were given and the identity of any individuals and/or their affiliated companies to whom any instructions, directives or guidelines were given. If any instructions, directives or guidelines were given in writing, provide copies. • The identity, by name and address, of all entities or third parties known to EFCO to have any involvement whatsoever in the shipping and/or transport of the forms in question along with a description of the nature of such involvement to the extent known. • The identities; i.e., names, addresses and/or job descriptions of all individuals from Con- Way Freight/Con-Way Express known to be in any way involved in the transport, loading, inspection, securing, etc. of the forms in question. Timothy J. McMahon, Esquire March 4, 2009 Page 3 • Any and all documentation received by EFCO from Con-Way Freight/Con-Way Express or any other third party vendor with respect to the transport, shipment, loading, inspection of the forms in question. In addition to the above, we request an Affidavit from an appropriate corporate representative of EFCO attesting that EFCO did not ship the subject forms in question on a wooden pallet nor instruct any transporter, motor carrier or third party vendor to utilize a wooden pallet in connection with the transport of the forms in question and we also request an Affidavit of an EFCO employee with personal knowledge that the forms in question were not shipped from EFCO's facility on a wooden pallet nor were any instructions, directives or guidelines provided (oral or written) to any transporter, motor carrier (including Con-Way Freight/Con-Way Express) or third party vendor with respect to utilization of a wooden pallet for the forms in question. You indicated to me when we spoke and in past correspondence that you have been investigating the chain of transport and other matters relevant to the shipping/transport issue so please include any other facts in the Affidavits or provide additional documents about which you are aware which impact this issue. As I indicated to you when we spoke and in my subsequent correspondence, once we receive the information, documentation and Affidavits from you as outlined above, we will need to conduct some limited discovery, including the probable deposition of a Con-Way Freight/Con-Way Express representative, on this particular subject matter and assuming that there is no factual dispute as between Con-Way Freight/Con-Way Express on any relevant point, we will recommend the voluntary dismissal of EFCO from this litigation. We continue to suggest that SVCC and EFCO agree to stay all direct proceedings on the Pennsylvania Joinder Complaint by SVCC against EFCO and the declaratory judgment action in Iowa by EFCO against SVCC. Very truly yours, ROBERT A? AN klr/svccsm-ltr GOVX18?T LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT M. STRICKLER ROBERT A. LERMAN' PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ' MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: inioAmslsc.com WEBSITE: www.osisc.com ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR, II Robert A. Lerman's EMAIL: rlermanOgslsc.com 'Also Member MD Bar ^LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars April 1, 2009 VIA FACSIMILE AND U.S. MAIL Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 OF COUNSEL ROBERT H. GRIFFITH MICHAEL P. BIANCHINI RE: John R. Smith v. Susauehanna Valley Construction Corporation v EFCO Corn t/d/b/a Economy Forms Corporation, Cumberland County C.C.P. No. 08-4157 Dear Tim: I just received your letter dated March 30, 2009, and it inaccurately reflects the status of the deposition of a records custodian from Con-Way Central Express. As I indicated to you when we spoke last week, I advised you that t had canceled the deposition of the Con-Way records custodian which I had scheduled for April 9, 2009, because Attorney Farrell had contacted my office and indicated that he would obtain the documentation I had requested in the various Subpoenas Duces Tecum served on Con-Way and provide that documentation to me. In fact, as I recall our conversation specifically, you indicated to me when we spoke that you wished I had not canceled the deposition of the records custodian as you would have liked to have asked the records custodian specific questions at a deposition concerning the manner in which Con-Way compiles and retains its records. Your letter of March 30, 2009, suggests that our conversation was something different than I specifically recall it and your letter indicates that I should let you know if I do not intend to go forward with a formal records deposition. I reiterate that I informed you last week that I had canceled the deposition of the records custodian. Timothy J. McMahon, Esquire April 1, 2009 Page Two Moreover, I note that I also faxed you a copy of my letter to Attorney Farrell dated March 25, 2009, confirming the cancellation of the Con-Way records custodian scheduled for April 9, 2009. Another copy of that letter is enclosed. Please let me know, on or before April 10, 2009, whether you intend to respond, in any way, to my letter of March 4, 2009, and provide me with any information or documentation, affidavits, etc. The formal discovery which I issue to EFCO will be dependent upon the extent to which you respond to the informal discovery outlined in my letter of March 4, 2009. Very truly yours, ROBERT A. LERMAN klr/svccsm-ltr Enclosure ?X 181T 8 A REGION DEFENSE LITIGATION LAw FIRM MARSHALL DENNEHEY WARNER COLEMAN c5 GOGGIN PENNsn vAaaw Beth lehem DELAWARE , , 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 Erie Harrisburg 01no Akron King of Prussia Philadelphia FLORIDA Pittsburgh Ft Lauderdale 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 SWil?hamsport JOrlaandnoville (717) 651-3500 • Fax (717) 651-9630 N S r Tampa EwJER S Cherry Hill NEwYoRR Roseland New York Direct Dial: 717-651-3505 . M Email: tjmcmahon@mdwcg.com 0 April 17, 2009 Robert A. Lerman, Esquire Griffith, Sirickler, Lerman, et ai 110 S. Northern Way York, PA 17402 Re: John R. Smith v. Susquehanna Valley Construction and EFCO Corp. t/d/b/a Economy Forms Corporation, Additional Defendant CCCP No.: 08-4157 Date of Loss: August 2, 2006 MDWCG File No.: 19183.01427.061 Dear Bob: Thank you for your letter of April 1, 2009 concerning the above. My letter dated March 30, 2009 simply crossed in the mail with your letter confirming that you did not intend to go forward with a deposition of the Con-Way Records Custodian. Perhaps better stated, my letter to you was dictated substantially before March 30, 2009, and I did not withhold it, notwithstanding our subsequent discussion. Because you have made it clear to me that you do not intend to forego a, deposition or depositions of EFCO personnel, I frankly don't see any reasonable end to be accomplished by providing you with affidavits or other informal documentation in this matter. If you think it is necessary now to serve discovery upon EFCO to establish soiree potential factual basis for the allegations set forth in the Joinder Complaint, rather than have conducted an appropriate inquiry before having joined EFCO in filing the Joinder Complaint, then I will respond on behalf of EFCO to whatever written discovery you serve in that regard. Thank you for your attention. Sincerel Timothy . Mc n ROBERT A LERMAN TJM/cas ASV OFFICES X?g?T 9 LAW OFFICES GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS ROBERT H. GRIFFITH (1928-2009) ROBERT M. STRICKLER ROBERT A. LERMAN° PETER D. SOLYMOS CHARLES B. CALKINS PAUL G. LUTZ^ MICHAEL B. SCHEIB* THOMAS B. SPONAUGLE+ + Board Certified Civil Trial Advocate °Also Member MD Bar -LL.M (Taxation); also Member CT Bar 'Also Member NY and D.C. Bars July 7, 2009 (Dictated June 29, 2009) 110 S. NORTHERN WAY YORK, PENNSYLVANIA 17402-3737 TELEPHONE: (717) 757-7602 FAX: (717) 757-3783 EMAIL: infoOoslsc.com WEBSITE: www.gsisc.com Robert A. Lerman's EMAIL: Rlermana-gslsc.com VIA FACSIMILE and U.S. MAIL Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 ANN MARGARET GRAB DAVID E. COOK F. DEAN MORGAN GREGORY W. BAIR II OF COUNSEL MICHAEL P. BIANCHINI RE: John R Smith v Susquehanna Valley Construction Corporation v. EFCO Corp. t/d/b/a Economy Forms Corporation, Cumberland County C.C.P. No. 08-4157 Dear Tim: EFCO's Responses to SVCC's Interrogatories and Request for Production of Documents were due on or before June 24, 2009. We have not received same. I trust it will not be necessary to file a Motion to Compel. Please advise if I will have EFCO's complete and responsive discovery responses in my possession by July 17, 2009. If not, I see no alternative but to file a Motion to Compel, particularly in light of the upcoming depositions scheduled including the Conway representatives on July 28, 2009. Very truly yours, ROBERT A. LERMAN jml/svccsm2-ltr cc: Craig R. Milsten, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) AND NOW, this day of July, 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Motion of Additional Defendant, Susquehanna Valley Construction Corporation, to Compel EFCO to Respond to Written Discovery Requests via Overnight Delivery, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STRI BY: klr/svcc-mtc A. Lerman, Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED LERMAN, SOLYMOS & 490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 RtEU--{;rv??CE OF THE °RC:,-'? 2009 JUL 24 All 10: 0 7 UIM, a ?s`1 fi`r` COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN R. SMITH, Plaintiff V. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant and EFCO CORP., t/d/b/a Economy Forms Corporation, Additional Defendant NO. 08-4157 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intend to serve subpoenas identical to those 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, KATHERMAN, BRIGGS & GREENBERG Date: -746- S BY: g R. Milsten, Esquire upreme Court I.D.#77065 7 East Market Street York, PA 17401 (717)848-3838 M0034312.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN R. SMITH, Plaintiff v SUSQUEHANNA CORPORATION, and VALLEY CONSTRUCTION Defendant EFCO CORP., t/d/b/a Economy Forms Corporation, Additional Defendant NO. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THING'S FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Eye Center of Central Pennsylvania 173 JPM Road Lewisburg, PA 17837 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 medical records pertaining to Paul Strawser (SS#• 161-34-2498) at Katherman Briaas & Greenberg LLP 7 East Market Street York PA 17401 (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: Craig R. Milsten, Esquire Address: 7 East Market Street York, PA 17401 Telephone: (717) 848-3838 Supreme Court ID 77065 Attorney For: Plaintiff DATE: Seal of the Court BY THE COURT: Prothonotary/Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing document as set forth below by service by first class mail or facsimile: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17110 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG BY: , CP Dated: 72f (O t 7 East Market Street York, PA 17401 (717) 848-3838 ,I rr I J,, 71, All I II: :J GU` '' Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 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. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate. (3) Counsel for Defendants waived the twenty (20) day Notice, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. '111? Dated: 3 Crai ilsten, Esquire Att rney for Plaintiff ID#: 77065 7 East Market Street York, PA 17401 (717) 848-3838 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 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. (2) A copy of the notice of intent, including the proposed subpoenas, is attached to this certificate. (3) Counsel for Defendants waived the twenty (20) day Notice, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Dated: Crai ilsten, Esquire Att rney for Plaintiff ID#: 77065 7 East Market Street York, PA 17401 (717) 848-3838 r= F`ti) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN R. SMITH, rti Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant and EFCO CORP., t/d/b/a Economy Forms Corporation, Additional Defendant JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intend to serve subpoenas identical to those 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, KATHERMAN, BRIGGS & GREENBERG Date: _7 ! ZS? p S BY: 0g R. Milsten, Esquire upreme Court I.D.#77065 7 East Market Street York, PA 17401 (717)848-3838 M0034312.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JOHN R. SMITH, v SUSQUEHANNA CORPORATION, and VALLEY CONSTRUCTION Defendant Plaintiff IEFCO CORP., t/d/b/a Economy Forms Corporation, Additional Defendant ertaininj! to Paul Strawser, (SS#: 161-34-2 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 ITO Eye Center of Central Pennsylvania 173 JPM Road Lewisburg, PA 17837 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and at Kathennan, Briggs & Greenberg, LLP, 7 East Market Street, York, PA 17401. I (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. I 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: Address Telephone: Supreme Court ID # Attorney For: Craig R. Milsten, Esquire 7 East Market Street York, PA 17401 (717) 848-3838 77065 Plaintiff BY THE COURT: ATE Seal of the Court NO. 08-4157 JURY TRIAL DEMANDED Prothonotary/Civil Division Deputy CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing document as set forth below by service by first class mail or facsimile: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Timothy J. McMahon, Esquire; Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17110 Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG BY: Je CP Ce fi rhe'y"'ney, alegal 7 East Market Street York, PA 17401 (717) 848-3838 Dated: 7 2? o t' ` n 11_ 7a. HIM t? _ !v ?j tTt ? - J 4L-3 JOHN R. SMITH, Plaintiff VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION: Defendant vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4157 CIVIL EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant JURY TRIAL DEMANDED IN RE: MOTION OF SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION TO COMPEL ADDITIONAL DEFENDANT TO RESPOND TO WRITTEN REQUESTS ORDER AND NOW, this 2 d day of August, 2009, a rule is issued on the Additional Defendant, EFCO Corp., to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Craig R. Milsten, Esquire For the Plaintiff -,, Robert A. Lerman, Esquire For Defendant "'-' Timothy J. McMahon, Esquire For Additional Defendant : rlm (2O t ES rr1 `cil?kS?.r OF THE CNTARY 2069 A0G 20 PH 3: 06 L . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant, Susquehanna Valley Construction Corporation certifies that: 1. A Notice of Intent to Serve the Subpoena with a copy of the Subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoena is sought to be served; 2. A copy of the Notice of Intent, including the proposed Subpoena, is attached to this Certificate; 3. The attorney for the Plaintiff has waived the notice period, per the attached Waiver; and 4. The Subpoena which will be served is identical to the Subpoena which is attached to the Notice of Intent to Serve the Subpoena. TRICKLER, LER%4AN, SOLYMOS & Dated: August 28, 2009 BY Robert A. Lerman, Esqu1W ID #07490 Attorney for the Defendant 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, 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. GRIFFITH, STRICVR, LERMAN, SOLYMOS & Date: August 18, 2009 BY: ROPERT A. LERMAN, ESQUIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, Civil Action - Law No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Casey Lehman Psy D Polly M Rost Ph.D. Rost .& Associates, 807 S. George Street, York. PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12105165; Social Security No. 209-60-7254 from December 31, 2008, up to the present. at: Griffith Strickler Lerman Solymos & Calkins 110 S. Northern Way, York, PA 17402-3737 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: ADDRESS: TELEPHONE: SUPREME COURT ID ATTORNEY FOR: ROBERT A. LERMAN, ESQ. GRIFFITH STRICKLER LERMAN, SOLYMO_ S & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 18th day of August, 2009, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, ST KLER, LERMAN, SOLYMOS & CAL S BY: OBERT A. LERMAN, QUIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 jml/mcsm-noi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENA I, Craig R. Milsten, Esquire, attorney for Plaintiff, hereby waive the twenty (20) day Notice of Intent to Serve Subpoenas pursuant to 4009.22. I further have no objection the Defendant serving the Subpoena directed to Casey Lehman, Psy.D., Polly M. Rost, Rost & Associates upon the filing of this Waiver. -Y "5z Dated: 6-2 S bn C ai . Milsten, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 28`h day of August, 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) klr/svccsm-certificateprequisite Timothy J. McMahon, Esquire Marshall, Dennehy, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, ST CKLER, LERMAN, SOLYMOS & CA S By: Robert A. Lerman, Esquire #07490 Attorney for Defendant 110 S. Northern Way York, PA 17402 (717) 757-7602 ARY se / 2 094 .?, .? 1, i 8: ?? G - R - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. PRAECIPE To the Prothonotary: No. 08-4157 JURY TRIAL DEMANDED Kindly withdraw Defendant, Susquehanna Valley Construction Corporation's Motion to Compel Additional Defendant, EFCO Corporation t/d/b/a Economy Forms Corporation to Respond to Written Discovery Requests filed of record on July 24, 2009. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS By: Q &,t-A • ROBERT A. LERMAN, ESQUI #07490 Attorney for Defendant, Susquehanna Valley Construction Corp 110 South Northern Way n 10! York, PA 17402 (717) 757-7602 Dated: ? lk . M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law No. 08-4157 VS. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE : JURY TRIAL DEMANDED AND NOW, this 1?'day of September, 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehey, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS -g(A??? BY: 0 A*k ' Robert A. Lerman, Esquire #074 0 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 RLED-??t=rIGE OF THE PPIC'? ('! `ICNOTARY 2009 SEA' 14 PH 2: 3 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, VS. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Susquehanna Valley Construction Corporation certifies that: 1. A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; 3. The attorney for the Plaintiff has waived the notice period, per the attached Waiver, and 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: r d.` 4y a Robert A. Lerman, Esquire ID #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way Dated: September 18, 2009 York, PA 17402 (717) 757-7602 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, intends to serve Subpoenas 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 Subpoenas. If no objection is made, the Subpoenas may be served. GRIFFITH, STyflCKLER, LERMAN, SOLYMOS & BY: OBERT A. LERMAN, ESQUIRE 407490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 Date: September 1, 2009 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs: Civil Action - Law No. 08-4157 EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, JURY TRIAL Additional Defendant. DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore EMS, 205 Grandview Avenue, Camp Hill, PA 17011-1708 (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: Last W-2 statement or 1099 statement and any other documentation in your possession which reflects the last known address of former employee Michael Potts so that he can be subpoenaed to attend a deposition. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Wav York PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police Newville Station - Troop _T 248 Center Road Newville PA 17241 (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: Last W-2 statement or 1099 statement and any other documentation in your possession which reflects the last known address of former trooper Alan Wynne so that he can be subpoenaed to attend a deposition at: Griffith, Strickler. Lerman Solymos & Calkins 110 S Northern Wav York PA_ 17402-3737 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: ROBERT A. LERMAN. ESQ ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Wav York PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 1St day of September, 2009, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) Timothy J. McMahon, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, ST ER, LERMAN, SOLYMOS & CAL BY: RO ERT A. LERMAN, ES #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 klr/svccsm-noi a- 10. 2c(,9 1r) FAX 71784 66,179 KATHERMAN BRIGGS GREENBE boo2 ,. N THE COLiRT OF COMMON PLEAS OF CU1?4BERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff. vs. SUSQUEHANNA VAL. LEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d-'b/a ECONOMY FORMS CORPORATION, Additional Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Craig R. Milsten, Esquire, attorney for Plaintiff, hereby waive the twenty (20) day Notice of Intent to Serve Subpoenas pursuant to 4009.22. I further have no objection the Defendant serving the Subpoenas directed to the following providers upon the filing of this Waiver: 1. West Shore EMS; and 2. Pennsylvania State Police Dated: arerman, . Milsten, Esquire kaf Briggs & Greenberg 7 E. Market Street York, PA 17401 Counsel for Plaintiff 5EP-13-2009 11:30 7178466479 95% P.02 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED AND NOW, this 18th day of September, 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Timothy J. McMahon, Esquire Katherman, Briggs & Greenberg Marshall, Dennehy, Warner, Coleman & Goggin 7 E. Market Street 4200 Crums Mill Road, Suite B York, PA 17401 Harrisburg, PA 17112-2899 (Counsel for Plaintiff) (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 'k A.0 BY: Robert A. Lerman, Esquire ID #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 Plaintiff, FlLF?,?- ;:;L CF THc" "A,PY 2009 I EP 21 F= '; e : ?' . } IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA John R. Smith, Plaintiff V. Susquehanna Valley Construction Corporation, Defendant V. EFCO Corp. t/d/b/a Economy Forms Corporation, Additional Defendant. No. 08-4157 CIVIL ACTION - LAW JURY TRIAL DEMANDED RESPONSE OF DEFENDANT SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION TO EFCO CORP.'S MOTION TO COMPEL 1. Admitted to the extent consistent with the pleadings in this matter; otherwise denied. 2. It is admitted that Plaintiffs Complaint is attached to SVCC's Motion to Compel as Exhibit 1. 3. Denied as stated. Plaintiffs Complaint is a writing which in its entirety speaks for itself. 4. Admitted to the extent consistent with the pleadings referenced herein; and otherwise denied to the extent not consistent with the pleadings referenced herein. 5. Denied as stated. The Joinder Complaint against EFCO is a writing which in its entirety speaks for itself. 6. Admitted. By way of further answer, EFCO's Answer to the Joinder Complaint is a writing which in its entirety speaks for itself. By way of further answer, the deposition testimony of witnesses conducted thus far strongly indicates that indeed it was Plaintiffs employer, Con- Way, that introduced the pallet at issue. 05/527215.v1 .r % 7. Admitted. 8. Admitted. 9. Admitted. However, discovery is continuing and there were discussions between counsel concerning additional time within which to respond to these discovery requests. 10. Denied as stated. On September 9, 2009, EFCO served its Responses to SVCC's Interrogatories and Request for Production of Documents. 11. Certain depositions were indeed conducted on July 28 and July 29. Additional depositions are scheduled to be conducted subsequently in this litigation. 12. Admitted in part; denied in part. It is admitted that additional discovery has been requested by various parties. 13. Denied as stated. The allegations set forth in this paragraph reference a writing which in its entirety speaks for itself. 14. Denied as stated. The allegations set forth in this paragraph reference a writing which in its entirety speaks for itself. 15. Denied as stated. The allegations set forth in this paragraph reference a writing which in its entirety speaks for itself. 16. Denied as stated. The allegations set forth in this paragraph reference a writing which in its entirety speaks for itself. By way of further answer, the critical depositions conducted in this action in late July were the depositions of the Con-Way personnel. Prior to those depositions, Susquehanna Valley Construction Corporation had subpoenaed information from Con-Way. Only through conducting these depositions did it become apparent that the truly critical information that should have been produced by Con-Way has not been produced. EFCO does not have documents which it believes are indeed critical to the lynch-pin issue in this case, 2 Is i.e., who introduced the pallet and. when. That documentation lies, upon information and belief, in the possession of Plaintiffs employer, Con-Way Central Express. 17. The averments set forth in this paragraph are legal conclusions to which no further response is required for the purpose of this Motion. 18. The averments set forth in this paragraph are legal conclusions to which no further response is required for the purpose of this Motion. 19. The averments set forth in this paragraph are legal conclusions to which no further response is required for the purpose of this Motion. 20. The averments set forth in this paragraph are legal conclusions to which no further response is required for the purpose of this Motion. 21. The averments set forth in this paragraph are legal conclusions to which no further response is required for the purpose of this Motion. 22. The averments set forth in this paragraph are legal conclusions to which no further response is required for the purpose of this Motion. 23. The averments set forth in this paragraph are legal conclusions to which no further response is required for the purpose of this Motion. 24. The averments set forth in this paragraph are legal conclusions to which no further response is required for the purpose of this Motion. WHEREFORE, Additional Defendant EFCO respectfully requests this Honorable Court deny Susquehanna Valley Construction Corporation's Motion to Compel discovery on the basis that the discovery requests have been provided. . F. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: 51)Sh BY: I.D. No. 52918 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Additional Defendant 4 CERTIFICATE OF SERVICE I, Cindy Sowers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of September, 2009, I served a copy of the foregoing Response to EFCO's Motion to Compel via First Class United States mail, postage prepaid, as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg, LLP 7 E. Market Street York, PA 17401 Robert A. Lerman, Esquire Griffith, Strickler, Lerman, et al 110 S. Northern Way York, PA 17402 AWW Cindy wers OF THE pi, , y _i X13$ IS&E- O 2` r' 112: V ! 'r 4 r ?tr.r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, VS. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. CERTIFICATE OF SERVICE Timothy J. McMahon, Esquire Marshall, Dennehy, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 (Counsel for EFCO Corp. t/d/b/a Economy Forms Corporation) AND NOW, this 20th day of October, 2009, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the First Supplemental Answer of Defendant, Susquehanna Valley Construction Corporation, to Plaintiffs Interrogatories, Set No. 1 by Facsimile and United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) klr/svcc-ati-supp GRIFFITH, Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED LERMAN, SOLYMOS & BY: 4 ? .1 Robert A. Lerman, Esquire #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 R LED-- ',rr!'vfa OF THE- F'r' )7, H0'VTAPY 2909 OCT 2 ! PM 1;.* 0 ii jjam! t ? V u {arr.:.. :.. 4r ] 1yt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant, vs. EFCO CORP. t/d/b/a ECONOMY FORMS CORPORATION, Additional Defendant. No. 08-4157 JURY TRIAL DEMANDED STIPULATION OF VOLUNTARY DISCONTINUANCE WITH PREJUDICE We, Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, Craig R. Milsten, Esquire, counsel for Plaintiff, John Smith, and Timothy J. McMahon, Esquire, counsel for Additional Defendant, EFCO Corp. t/d/b/a Economy Forms Corporation, hereby agree that EFCO Corp. t/d/b/a Economy Forms Corporation shall be voluntarily dismissed from this action, with prejudice. n GRIFFITH, ST KLER, LERMAN, MARSHALL, DENNEHEY, WARNER, & SOL wo? CALKINS COLEMAN & GOGGIN By: By: Robert A. Lerman, Esquire #0'9,490 Counsel for Defendant, Susquehanna Valley Construction Corp. 110 South Northern Way York, PA 17402 Dated: i 1 3 /C KATHERMAN, BRIGGS & GREENBERG By: 'Cy-&M Milsten, Esquire o sel for Plaintiff 7 E. Market Street York, PA 17401 Dated: Timothy J. n, Esquire Counsel for MFCorp. t/d/b/a Economy Forms Corporation 4200 Crums Mill Road, Suite B Harrisburg, PA 17112-2899 Dated: 11 - IY -b 9 2009 NOV 25 PTI 3: 55 1" 11 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - La .,a Plaintiff, : w vs. No. 08-4157 ca SUSQUEHANNA VALLEY CONSTRUCTION : CORPORATION, N Defendant. JURY TRIAL DE NEjM CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Susquehanna Valley Construction Corporation certifies that: A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; 3. The attorney for the Plaintiff has waived the notice period, per the attached Waiver, and 4. The Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to Serve the Subpoenas. GRIFFITH, STRI KLER, LERMAN, SOLYMOS & CAL BY: Robert A. Lerman, Esquir #0740 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way Dated: February 2, 2010 York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, : vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, intends to serve Subpoenas 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 Subpoenas. If no objection is made, the Subpoenas maybe served. GRIFFITH, STPCKLER, LERMAN, SOLYMOS & Date: January 28, 2010 BY: ROBERT A. LERMAN, ESQUIRE #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, No. 08-4157 Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wellspan Behavioral Health 781 Far Hills Drive Suite 600, New Freedom, PA 17349 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records including but not limited to records from the Stone Bridge New Freedom facility as well as Mt. Rose Avenue facility as well as Mt. Rose Avenue facility and Dr. Todd Muneses pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 from August, 2009 up to the present. at: Griffith Strickler Lerman Solymos & Calkins 110 S. Northern Way. York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN. SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHON E: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic and Spine Specialists 1855 Powder Mill Road York PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 from December, 2008 to the present. at: Griffith Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Casey Lehman Psy D Polly M Rost Ph.D. Rost & Associates, 807 S. George Street, York. PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05165; Social Security No. 209-60-7254 from September, 2009 up to the present. at: Griffith Strickler Lerman Solymos & Calkins 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Beth Loss D.C., Queen Street Family Practice, 2471 S. Queen Street, York, PA 17402 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 from September, 2008 up to the present. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH STRICKLER LERMAN SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant. Susauehanna Vallev Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 27th day of January, 2010, I, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STWKLER, LERMAN, SOLYMOS & BY: ROBERT A. LERMAN, ESQLTME1#07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 k1r/svccsm-noi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. No. 08-4157 JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Craig R. Milsten, Esquire, attorney for Plaintiff, hereby waive the twenty (20) day Notice of Intent to Serve Subpoenas pursuant to 4009.22. I further have no objection the Defendant serving the Subpoenas directed to the following providers upon the filing of this Waiver: 1. Wellspan Behavioral Health; 2. Orthopedic & Spine Specialists; 3. Casey Lehman Psy.D., Polly M. Rost, Ph.D./Rost & Associates; and 4. Beth Loss, D.O., Queen Street Family Practice KATHERMAN, BRIGGS & GREENBERG Dated: z- - « By: g R. Milsten, Esquire E. Market Street York, PA 17401 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Civil Action - Law Plaintiff, vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 2nd day of February, 2010, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Robert A. Lerman, Esquire ID #07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 l ! G7 d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVZLVMIIA JOHN R. SMITH, Civil Action - Law CZ) Plaintiff, ; VS. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION i° CORPORATION, Defendant. JURY TRIAL DEMANDED Z ERTIFICATE OF SERVICE AND NOW, this-108th 8day of April, 2010, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories of Defendant, Susquehanna Valley Construction Corporation, to Plaintiff, Set No. 2 as indicated below, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, ST CKLER, LERMAN, SOLYMOS & CALKS BY: Fhbert A. Lerman, Esquire'907490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 klr/svcc-int2 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Susquehanna Valley Construction Corporation certifies that: A Notice of Intent to Serve the Subpoenas with copies of the Subpoenas attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the Subpoenas are sought to be served; 2. A copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; 3. The attorney for the Plaintiff has waived the notice period, per the attached Waiver, and 4. The Subpoenas which will be served are identical to the Subpoenas which are etta?ed tithe Notice of Intent to Serve the Subpoenas. c? r^ wr GRIFFITH, STRICKLER, LERMAN, SOLYMOS & s s CALKINS i'- - i-- G? ; - BY: Robert A. Lerman, Esquire ID #07 90 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way Dated: September 13, 2010 York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, VS. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Robert A. Lerman, Esquire, counsel for Defendant, Susquehanna Valley Construction Corporation, intends to serve Subpoenas 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 Subpoenas. If no obj GRIFFITH, S BY: Date: September 7, 2010 is made, the Subpoenas may be served. KLER, LERMAN, SOLYMOS & (ROBERT A. LERMAN, EWUIRE #PA07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, Civil Action - Law No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Beth Loss, D.O Queen Street Family Practice 2471 S. Queen Street, York, PA 17402 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 from February 24, 2010, up to the present. at: Griffith Strickler Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic and Spine Specialists, 1855 Powder Mill Road, York, PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records of any kind pertaining to John R. Smith; Date of Birth: 12/05165; Social Security No. 209-60-7254 from February 16, 2010, to the present. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Wav York PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Casey Lehman Psy D Polly M Rost Ph.D. Rost & Associates, 807 S. George Street, York, PA 17403 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 from January 1, 2010, up to the present. at: Griffith Strickler Lerman Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ADDRESS: TELEPHONE: SUPREME COURT ID: ATTORNEY FOR: ROBERT A. LERMAN, ESQ. GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 (717) 757-7602 07490 Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, No. 08-4157 Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Wellspan Behavioral Health, 781 Far Hills Drive. Suite 600, New Freedom, PA 17349 (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 office notes, reports, records, memoranda, correspondence, diagnostic tests and/or reports, consultation reports, x-rays, progress notes, hospital records, nurses notes, admission and discharge summaries and records and reports of examinations and any other medical records including but not limited to records from the Stone Bridge New Freedom facility as well as Mt. Rose Avenue facility as well as Mt. Rose Avenue facility and Dr. Todd Muneses pertaining to John R. Smith; Date of Birth: 12/05/65; Social Security No. 209-60-7254 from March 8, 2010, up to the present. at: Griffith, Strickler, Lerman, Solvmos & Calkins, 110 S. Northern Wav York PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Wav, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, Civil Action - Law vs. No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Commonwealth of Pennsylvania. Department of Labor and Industry, Bureau of Worker's Compensation, 1171 S. Cameron Street, Room 103, Harrisburg, PA 17104-2501 Within twenty (20) days after service of this Subpoena, you are ordered by the Court to produce the following documents or things: Complete worker's compensation file pertaining to an accident and worker's compensation claim asserted by John R. Smith; Date of Birth: 12105165; Social Security No. 209-60-7254, Claim No. CFT9140 regarding an incident which occurred on August 2, 2006, involving the above-referenced parties, to include but not be limited to the report of injury, any statements, photographs, investigation materials, reports of independent medical examinations, a payout sheet reflecting all medical expenses paid, a payout sheet reflecting all wage benefits paid, printout of the indemnity payments to date and medical payments to date and any and all medical records and reports and all documentation relating to any worker's compensation litigation proceeding. at: Griffith, Strickler, Lerman, Solymos & Calkins, 110 S. Northern Way, York, PA 17402-3737 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: ROBERT A. LERMAN, ESQ. ADDRESS: GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS 110 South Northern Way, York, PA 17402 TELEPHONE: (717) 757-7602 SUPREME COURT ID: 07490 ATTORNEY FOR: Defendant, Susquehanna Valley Construction Corporation BY THE COURT: DATE: Seal of Court Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, vs. Plaintiff, Civil Action - Law No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 7`11 day of September, 2010, 1, Robert A. Lerman, Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date, served a copy of Notice of Intent to Serve Subpoenas by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, ST KLER, LERMAN, SOLYMOS & BY: CAL S OBERT A. LERMAN, ESQUIRE #PA07490 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 klr/svccsm-noi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, vs. SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. Civil Action - Law No. 08-4157 JURY TRIAL DEMANDED WAIVER OF NOTICE OF INTENT TO SERVE SUBPOENAS I, Craig R. Milst:en, Esquire, attorney for Plaintiff, hereby waive the twenty (20) day Notice of Intent to Serve Subpoenas pursuant to 4009.22. I further have no objection the Defendant serving the Subpoenas directed to the following providers upon the filing of this Waiver: 1. Wellspan Behavioral Health; 2. Orthopedic & Spine Specialists; 3. Casey Lehman Psy.D., Polly M. Rost, Ph.D./Rost & Associates, 4. Beth Loss, D.O., Queen Street Family Practice; and 5. Commonwealth of Pennsylvania, Department of Labor & Industry, Bureau of Worker's Compensation. KATHERMAN, BRIGGS & GREENBERG Dated: By: aig . Milsten, Esquire E. arket Street. ork, PA 17401 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN R. SMITH, Plaintiff, vs. Civil Action - Law No. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 13t" day of September, 2010, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certi fy that I have this date served a copy of the Certificate Prerequisite to Service of Subpoenas Pursuant to Rule 4009.22 by United States Mail, addressed to the party or attorney of record as follows: Craig R. Milsten, Esquire Katherman, Briggs & Greenberg 7 E. Market Street York, PA 17401 (Counsel for Plaintiff) GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS BY: Robert A. Lerman Esquire ID 74 Attorney for Defendant, Susquehanna Valley Construction Corporation 110 South Northern Way York, PA 17402 (717) 757-7602 0,r THELPPO HOjq 3JTA, 2010 DEC 17 PM 1: 09 CUMBERLAND COUNT' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JOHN R. SMITH, Plaintiff V. NO. 08-4157 SUSQUEHANNA VALLEY CONSTRUCTION CORPORATION, Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above action settled and satisfied. Date: l a: I L¢1 to Respectfully submitted, KATHERMAN, BRIGGS & GREENBERG By: raig R. Milsten, Esquire Supreme Court I.D. #77065 Attorney for Plaintiff 7 East Market Street York, PA 17401 (717) 848-3838 Fax # (717) 854-9172 cmilstengkbslaw.com CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing PRAECIPE TO DISCONTINUE as set forth below by first class United States postage: Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 South Northern Way York, PA 17402 Respectfully submitted, Date: t al u `tb KATHERMAN, BRIGGS & GREENBERG By: ig R. Milsten, Esquire upreme Court I.D. #77065 Attorney for Plaintiff 7 East Market Street York, PA 17401 (717) 848-3838 Fax # (717) 854-9172 cmilsten&kbclaw.com.