Loading...
HomeMy WebLinkAbout04-1183 Dean F. Piermattei, Esquire Attorney J.D. No. 53847 Heather Z. Kelly Attorney J.D. No. 86291 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Plaintiffs JAMES B. WRIGHT and AMY WRIGHT, Administrators of the ESTATE OF CHEVEZ A. WRIGHT Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - /IP..3. CLULL~ v. JURY TRIAL DEMANDED UGI UTILITIES, INC. Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above"captioned action. ..x.. Writ of Summons shall be issued and forwarded to (X) Attorney ( ) Sheriff ~.I\;\, r --8 r''Yntl 'I-k~ I~/ Signature of Attorney Dean F. Piermattei, Esquire RHOADS & SINON LLP P.O. Box 1146 Harrisburg, PA 17108 (717) 233-5731 Supreme Court ID No. 53847 Names/Address/Telephone No. of Attorney Date: March 18, 2004 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAV~CO MENCED AN ACTION AGAINST YOu. /) -L, -:J ( :t V'2. / 4C ~ K. . ~~ Prothonotary C7 Date: fYI~r{ .J~I 4.rlI:>Y ~ Lhn..,." P_~(Yh2/r~ ,/ LL Deputy ;v(0"q. :tl 't .~ ....... --t -l::: "1 ~ - () ~ ~ ~~~ ~r- ~ if t~P t;-~ e D t? ~ r 1 &J ,,- r ... J~ llf -tJ Jf~r ::,::,. tA., -L ...... ~ ~ c.~ tV' ~ .... ~ ,; €) " ...., .. ,', (.1 ;t. r~ ~ y1g . c V) J' ~ - 1 t "Vr- ~ ~~ -- '-1' ~ THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT, Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS TO THE PROTHONOTARY; Please enter the appearance of the undersigned as attorneys for Defendant, UGI Utilities, Inc., in the above matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Dated; March 25, 2004 285031-1 C) ,;; ~-"- riiF:, ::::. :~!,; >-:.' :::)~' - kC' >::c' ~.~:; ~.2 '2 ..-; -<. r-.> = <=> ...- ::JI: > = N '-D o -n ~:u -oM; 2S~ --'.." I.." ~(') Om --I )?: ~ -0 -,.. -" N +"'" CJ"1 THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I hereby verify that I served a true and correct copy of the foregoing ENTRY OF APPEARANCE on the party listed below via First Class Mail, postage prepaid, on this, the 25th day of March, 2004. Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, LLP (') c 2n~; ::;-.. en ~,~:~, ~.~ =< ....., = = ...- :Jf: > :;0 N \.0 ~ --I :'l:~ n,-~ -oz.r- :0 o :::?, 5:n ;<C) Om " :0 -< " ::It: r~::J .t:" <.J1 Dean F. Piermattei, Esquire Attorney 1.0. No. 53847 Heather Z. Kelly Attorney 1.0. No. 86291 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiffs v. IIN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA , i CIVIL ACTION - LAW I NO. 04-1183 , I I JURY TRIAL DEMANDED JAMES B. WRIGHT and AMY WRIGHT, Administrators of the ESTATE OF CHEVEZ A. WRIGHT Plaintiffs UGI UTILITIES, INC. Defendant ACCEPTANCE OF SERVICE I, Joseph A. Holko, Esquire accept service of Plaintiffs Praecipe for Writ of Summons in this matter on behalf of UOl Utilities, Inc., in my capacity as counsel for UOl Utilities, Inc. and certify that I am authorized to do so. 3-dtl-(Jtj Date 511000.1 o C ? ".0'" rnf::! ;~r;" S"y,::' ~~; ""1-",. ~-" -- c:: z :(! ...., = = .c- """ -0 ::u I o .." -I I nlp -om :00 ShS 2~ lj -"~f 5; -~ --0 ::!i: Con \D CERTIFICATE OF SERVICE 04 - IJ P.3 C.iol.l ~€Jut,.. I hereby certify that on this 31 sl day of March, 2004, a true and correct copy of the foregoing was served by means of United States mail, first class, postage prepaid, upon the following: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 .______ (I lQ)\c1c,- ( Teresa L. Paulharnus () s; -'06-' l~\t.i' ~~ , ~:i~_; ~::"c: "P's.; ~ .-> = '? ...... ::;0 7~ --0 -:( o -n .-1 #'C-n rTIF"; "'ocn #.-,0 ts{~) ~~7~ ~::/\ --\ .,~ -'.j ::.2:; (.~ ....0 Dean F. Piermattei, Esquire Attorney J.D. No. 53847 Heather Z. Kelly Attorney J.D. No. 86291 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 (717)233-5731 Attorneys for Plaintiffs JAMES B. WRIGHT and AMY WRIGHT, Administrators of the ESTATE OF CHEVEZ A. WRIGHT Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1183 v. JURY TRIAL DEMANDED UGI UTILITIES, INC. Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for docwnents and things pursuant to Rule 4009.22, Plaintiffs certify that: 1. a notice of intent to serve the subpoena ....ith a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty clays prior to the date on which the subpoena is sought to be served; 514538.1 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate (see Exhibit "A"); 3. Defendant, through its counsel, indicated it had no objection to the service of the subpoena prior to expiration of the 20 day objection period (s,ee letters attached hereto at Exhibit "B" and incorporated herein by reference); 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. RHOADS & SINON LLP By: -~a.p~ ~. }1; j ~ Dean F. Pie attei Heather Z. Kelly One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233--5731 Attorneys for Plaintiffs Date: April 21, 2004 Dean F. Piennattei, Esquire Attorney I.D. No. 53847 Heather Z. Kelly Attorney I.D. No. 8629] RHOADS & SINON LLP One South Market Square, ]2th Floor P.O. Box 1146 Harrisburg, PA 17]08-] ]46 (717) 233-5731 Attorneys for Plaintiffs JAMES B. WRlGHT and AMY WRlGHT, Administrators of the ESTATE OF CHEVEZ A. WRlGHT Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-1183 v. UOl UTILITIES, INC. Defendant JURY TRlAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intend to serve a subpoena identical to the one 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 subpoena may be served. RHOADS & SINON LLP By: i I / '-J...J!k,,<' (!j.J1__ /) I.. Dean F. Piermattel Heather Z. Kelly One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233..5731 11 ., .1 (' .. ()./.Ji..( I . \........k:........C.-f:_ , ,/ f:' . 'J Date: April 16, 2004 Attomeys for Plaintiffs 513858,1 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND JAMES B. WRIGHT and AMY WRIGHT, Administrators of the ESTATE OF CHEVEZ A. WRIGHT CIVIL ACTION - LAW NO. 04-1183 Civil Tenn Plaintiffs JURY TRIAL DEMANDED v. um UTILITIES, INC. Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Charles E. Snyder, Jr., Chief of Police Lower Allen Township 1993 Hummel Avenue CampHill,PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: An. and all records maintained b. the Lower Allen Police Denartment relatin!! to an incident (Inc. # LAL 200312007051 which occurred on or about December 17. 2003 at the residence of Am. and James B. Wri!!ht. 1302 Carlisle Road. Camn Hill. PA incrudin!!. but not limited to. renorts of all tests nerformed and investi!!at;ve actions taken at: Rhoads & Sinon LLP, One South Market Square, 12th Floor, Harrisburg, Pennsylvania 17101. 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: Dean F. Piennattei, Esquire Rhoads & Sinon, LLP P.O. Box 1146 Harrisburg, PA 17108-1146 Telephone: (717) 233-5731 ID#: 53847 Attorney for Plaintiffs, James B. and Amy Wright, Administrators of the Estate ofChevez A. Wright DATE: BY THE COURT: Seal of the Court (Prothonotary) (Deputy) 513855.! RHOADS & SINON LLP Heather Z. Kelly ph (717) 233-5731 ft (717) 231-6637 hkelly @ rhoads-sinon.com FILE NO, 8779/01 -.-----,-".---..-~.-,--__.__".___,___ ,,~,.".___._._.___~._'.'._.n...._'..._ "'_'._.._"'._ '~'_~'_'--""_ "._. , ",___~__",_,_,__, .... .---------.-...--..--"..--.".-.. .__._--'. ,....-.--- -." April 15, 2004 Re: Wrie:ht v. UGI. Cumberland County Court of Common Pleas. Docket No. 04-1183 Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem,PA 18017 VIA FACSIMILE (610)868-1702 Dear Mr. Holko: Dean Piermattei asked me to contact you regarding your recent inquiry about inspecting and/or testing the furnace at the Wright home. We do intend to do so, and Defendant will be permitted to be present at that time. However, we plan to wait until after we receive a copy of the police report. Accordingly, I am asking that you let me know if Defendant is willing to waive the 20 day notice period for serving the enclosed subpo.ena. I do not anticipate a problem with this request. Please contact me at your earliest convenience. Very tmly yours, RHOADS & SINON LLP 7Jw.'Nv\ (3 U4 By: Heather Z. Kelly HZK/tlp 513803.1 Rhoads & Sinon LLP . Attorneys ,1l Law. Twelfth Floor. One SOllth Market Square. P.O. Box 1] 46 Harrisburg, PA 17108-1146. ph (717) 233-57.31. rx' (717) 232-1459. www.rhoads-sinon.com .- ! ~ {(.(,\~'1\ RHOADS f'"""~ & SINON LLP Pauline S. Joy ph (717)231-6680 ft (717) 231-6637 pjoy@rhoads-sinon.com FILE NO, 8779/01 April 16, 2004 Re: Wrie:ht v. UGI Utilities. No. 04-1183 Joseph A. HoIko, Esquire VIA FACSIMILE (610) 868-1702 Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Dear Mr. HoIko: lbis will confIrm that you have indicated you have no objection to our serving a subpoena on the Lower Allen Township Police Department in the above-referenced matter and that you have requested a copy of the documents produced in wsponse to that subpoena. Thank you for your courtesies in this regard. Very tmIy yours, RHOADS & SINON LLP By p~ 1?}rr1 Pau1iine S. Joy Legal Assistant to Heather Z. Kelly cc: Heather Z. Kelly, Esquire 513899.1 Rhoads & Sinon LLP . Attorneys at Law. Twelfth Floor. One South Market Square. P.O. Box 1146 Harrisburg. PA 17108-1146' ph (717) 233-5731' Jx (717) 232-l'I59' www.rhoads-sinon.com ~ .... ~ <::> <::> - iRrn 2>- ~:n . d'n "'1;J Z::.V :Q ~~ ~I-' N -> ".,w N r~r': ~_.J -0 =;1-T; J;> c' a:n .2:) ::x -;.0(") >() Om c: ~ --, ~ ~ ~ Cl -< . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL ACTION - LAW No. 04-1183 Plaintiffs v. UGI UTILITIES, INC. JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD 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 obj ections 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 506082.1 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators ofthe ESTATE OF CHEVEZ A. WRIGHT, CIVIL ACTION - LAW No. 04-1183 Plaintiffs v. UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED COMPLAINT NOW COME Plaintiffs, by and through counsel, Rhoads & Sinon LLP, and file the within Complaint as follows: I. Plaintiffs, James Brian Wright ("Brian Wright") and Amy Wright, Individually and as Administrators of the Estate of Chevez A. Wright, wlere the parents of and are the Administrators ofthe Estate ofChevez A. Wright, deceased. 2. At all times relevant, Chevez Wright resided with her parents, Plaintiffs Brian and Amy Wright, until the time of her death. 3. At all times relevant herein, Chevez Wright was 12 years old. 4. As of December 16, 2003 Brian, Amy and Chevez Wright resided at 1302 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania (the "Home"). 5. Defendant, UGI Utilities, Inc. ("UGI"), is a Pennsylvania corporation with a principal place of business at 1500 Paxton Street, Harrisburg, Pennsylvania 17104. 6. UGI provides natural gas service, equipment installations, and services natural gas appliances for its business and residential customers. - 2- 7. In November 2002, Brian and Amy Wright purchased the Home. 8. At all times relevant, UGI provided natural gas service to fuel the appliances at the Home, including the gas Furnace. The gas Furnace, at th(: Home and related apparatus is hereinafter referred to as the "Furnace". 9. In or around Mayor June, 2003, the Wrights moved out of the Home for a period of approximately five to six months. 10. During that time, UGI did not provide natural gas se:rvice to the Home. 11. Toward the end of November 2003, the Wrights moved back into the Home at which time the Wrights contacted UGI to come to the Home in order to return natural gas service to the Home and to turn on the gas appliances. 12. Sometime soon thereafter, an employee or agent of UGI went to the Home and attempted to light the gas Furnace. 13. At that time, UGI's employee or agent could not light the Furnace, and told the Wrights that they would need to place a service call to UGI before the Furnace could be operated. 14. All of the natural gas appliances with the exception of the Furnace were working and in use when the UGI employee or agent left on that day. 15. Thereafter, the Wrights contacted UGI, and asked that UGI send someone to service the Furnace. - 3 - 16. On December 16, 2003, UGI sent a serviceman to the Home to service the Furnace and restore gas heat to the Home. 17. The UGI serviceman was at the Home for less than one hour on December 16,2003. 18. The UGI serviceman told Amy Wright that he had cleaned the filter on the Furnace, that a new filter would need to be purchased, and where she could purchase the filter. 19. The UGI serviceman started the Furnace, and stated that the Furnace may need to be replaced within a year but that it was working properly. The UGI serviceman did not indicate that there were any specific problems with the Furnace. 20. Moreover, the UGI serviceman did not inform the Wrights that the Furnace was in any way unsafe to operate, rather the UGI serviceman left the Home on December 16, 2003 with the Furnace mnning and represented to the Wrights that they need only obtain a new filter in the future. 21. The UGI service man requested payment at the time of the service call and Amy Wright paid for the service call. 22. On the same day, December 16, 2003, Chevez Wright had been out with a family member and returned home at approximately 8:30 p.m. 23. At approximately 9:30 p.m., Amy and Brian Wright began to develop severe headaches. 24. Also around 9:30 p.m., Brian Wright's chest begarl to hurt, his heart started to race, and his arms felt numb and tingly. -4- 25. At that time. Brian Wright went into his bedroom to lie down. 26. During the course of the evening, on two occasions, Chevez cried out, which resulted in the Wrights checking on her, but she eventually went back to sleep. 27. Also during the evening of December 16, 2003, Brian Wright began to experience pain in his chest, and he started screaming and crying, which ultimately required him to be transported to Holy Spirit Hospital. 28. During the course of the same evemng, Amy Wright agaIn checked on Chevez Wright who was sleeping. 29. Throughout the evening, Amy Wright continued to suffer from a severe headache, she felt achy, her ears were clogged, and her speech became slurred, so she went to bed. 30. The next morning, Amy still had a headache, and she decided to allow Chevez to sleep in rather than making her get up and go to school. 31. However, after several hours in which Chevez never awoke, Amy went to her room to wake her. 32. When Amy went to her daughter's room, Chevez was laying on her stomach. 33. Amy tried to gently wake Chevez by tickling her D~et and playing with her ears, but Chevez did not respond. 34. Finally, Amy rolled Chevez over, which is when she noticed that her daughter's eyes were half open and very red. She also noticed that Chevez had wet the bed. - 5 - 35. Amy immediately called 911, and reported that Che:vez was unconscious, but that she was still breathing. 36. When EMS arrived at the Home, Chevez Wright was still unconscious. 37. EMS personnel also noted that Amy Wright was not acting appropriately and that her speech was slurred. 38. EMS personnel commenced cardio pulmonary resuscitation (CPR) on Chevez and inserted a nasal airway into her. 39. Chevez was also ventilated with a bag valve mask, but her condition remained unchanged during transport to Harrisburg Hospital. 40. When Chevez arrived at Harrisburg Hospital, she was in cardiopulmonary arrest, and she was pronounced dead at 1 :23 p.m. on December 17, 2003. 41. A blood carboxyhemoglobin (Hbg) test showed that Chevez had a carbon monoxide ("CO") Hbg level of 49.5%. 42. The Deputy Coroner that examined Chevez's body did not order an autopsy because he concluded her death was caused by the high level of CO in her blood. 43. After learning of her daughter's death, Amy continued to have a headache, she was not mentating properly, and she continued to exhibit global confusion. 44. Tests performed on Amy Wright at the emergency room, showed that Amy had a CO Hbg level of30.2%. - 6- 45. Amy Wright was then transported by ambulance to the Frederickson Health Center for treatment in a hyperbaric chamber. She underwent 30 minutes of treatment and then continued to receive high-flow oxygen before she was transported back to Harrisburg Hospital. 46. Also on December 17, 2003, after Chevez and Amy Wright had been transported to the hospital by EMS, the Lower Allen Fire Company was dispatched to the Home. 47. Upon arrival, the Fire Chief was advised that Chevez Wright had been in cardiac arrest at the Home earlier. 48. The Fire Company conducted air quality samples in the Home. 49. Extremely high levels of CO were found in the first floor of the Home. 50. Even higher levels of CO were found in the basement of the Home, where the Furnace is located. 51. In fact, the levels of CO found in the Home were so high that they were classified by the Lower Allen Fire Company as levels of CO that pose severe life and health hazards and that are possibly lethal. 52. On December 22, 2003, as part oftheir ongoing invlestigation, the Lower Allen Police Department again went to the Home with police officers for further investigation. 53. Subsequent to the death of Chevez Wright and prior to December 22,2003, four UGI personnel examined the Furnace at the Home and concluded that there were no problems. - 7 - 54. As of that date, Ernie Leggett from Leggett Plumbing and Heating, Inc., ("Leggett") was retained by the Lower Allen Police Department as an independent contractor to look at the Furnace. 55. Leggett concluded that the Furnace was over-firing because there was too much gas being allowed into the Furnace and as a result of the over..firing, the Furnace was creating excessive CO which was filtering into the Home. 56. The cause ofthe over-firing was attributable to a faulty regulator. 57. Leggett also turned on the water heater, which did not produce any substantial amount of CO. 58. The Furnace was restarted, and a decision was made to check the CO levels over the next couple of days. 59. After this was done, everyone left the Home on December 22, 2003, at approximately 2:00 p.m. 60. At approximately 7:30 p.m. on the same day, a police officer heard the CO detector which was placed in Chevez Wright's room beeping. 61. Thereafter, the Home was entered and air quality tests were conducted. 62. Again, extremely high levels of CO were found throughout the Home, including Chevez Wright's bedroom. 63. The Furnace was then shut down, and the Home was ventilated. Thereafter, safe readings were recorded, and the Home was secured. - 8 - COUNT I - NEGLIGENCE James Brian Wright and Amy Wright. Individually and as Administrators of the Estate of Chevez A. Wlrie:ht v. UGI Utilities. Ine 64. Paragraphs 1 - 63 are incorporated herein by reference. 65. UGI owed a duty to Brian, Amy, and Chevez Wright to properly maintain the Furnace and related apparatus (herein after the "Furnace") at the Home in order to ensure that it was safe for operation. 66. UGI owed a duty to Brian, Amy and Chevez Wright to properly inspect the Furnace at the Home to ensure that it was safe for operation. 67. UGI owed a duty to Brian, Amy and Chevez Wright to properly service and test the Furnace at the Home in order to ensure that it was safe for operation prior to restarting the Furnace and discover any problems, risks or defects associated with operating the Furnace. 68. UGI owed a duty to Brian, Amy and Chevez Wright to warn them of any existing or potentially dangerous and/or defective condition ofthe Furnace, 69. UGI had a duty to leave the home with the Furnace operating only if the Furnace could be operated in a safe manner without the risk of CO poisoning. 70. On December 16, 2003 after UGI completed its service call, the Furnace was operating in a dangerous, defective and problematic fashion as lit was emitting excessive CO into the Home. 71. The negligence, carelessness and recklessness of the Defendant consisted of the following acts and/or omissions which are to be read in conjunction with Paragraph 1-70 which were substantial factors in causing the death ofChevez Wright: (a) failure to properly inspect the Furnace for all possible problems, defects or risks associated with the operation of the Furnace; -9- (b) failure to discover any and all defects, problems or causes of malfunctions associated with the operation of the Furnace and related apparaltus; (c) failure to warn the Wrights of any existing problems, defects or malfunctions associated with operation of the Furnace; (d) failure to possess and exercise necessary skill and knowledge noramally possessed and exercised by individuals and entities similarly situated as UGI with respect to servicing the Furnace, so as to be able to detect any malfunctions, defects or problems associated with operating the Furnace; (e) failure to perform the appropriate tests in order to detect any malfunctions, problems or defects and risks associated with the operation of the Furnace, including but not limited to testing for the release of excessive amounts of CO; (f) igniting and operating the Furnace when it could not be operated in a safe manner; (g) failure to establish and implement reasonable and appropriate testing methods and standards by which its service personnel could properly inspect and detect any defects, problems or risks associated with the operation of a gas Furnace including detection of excessive amounts of CO; (h) failure to properly train, instmct and supervise its service personnel so as to be able to detect problems, defects or risks associated with thi~ operation of the Wrights' gas Furnace, including but not limited to the use of CO detectors; (i) failure to properly adopt and promulgate adequate mles, regulations, guidelines, policies and procedures with respect to its service personnel so as to avoid exposing its customers such as the Wrights to the risk of CO poisoning; G) leaving left the Home with the Furnace operating in a dangerous and defective condition. - 10- 72. As a direct and proximate result of Defendant's negligence, careless and reckless behavior as set forth above, Chevez Wright died and Amy and Brian Wright suffered and continue to suffer, harm, including but not limited to physical[ pain, mental anguish, emotional distress and discomfort. 73. UGI's action and/or lack of action was outrageous, in bad faith, and with reckless indifference to the rights and duty owed to the Plaintiff. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit and delay damages allowed by law. COUNT II - MISREPRESENTATION 74. Paragraphs 1 ~ 73 are incorporated herein by reference. 75. The Defendant at all times represented impliedly and expressly that it was an expert in the area of maintaining and servicing gas appliances including the Furnace. 76. On December 16, 2003, the Defendant both through its actions and statements represented to the Plaintiffs that the Furnace was properly servieed and was safely operating with no risk of harm to the Wrights. 77. The Defendants knew or reasonably should have known the true condition of the Furnace at the time it serviced the Furnace. 78. The Plaintiffs reasonably relied upon the Defendants representations and in doing so, allowed the Furnace to continue to operate while they occupied the Home. 79. As a direct and proximate result of Defendant's misrepresentations and Plaintiffs' reliance thereon, the tme condition of the Furnace was unknown and the Plaintiffs experienced CO poisoning resulting in the death ofChevez Wright and other damages as set forth herein. - 11 - 80. Defendant's misrepresentations were made either negligently, intentionally and/or with reckless indifference of the tmth and said behavior was extreme and outrageous and warrants the award of punitive damages. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. COUNT III - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 81. Paragraphs 1 - 80 are incorporated herein by reference. 82. At the time of Defendant's negligent conduct as set forth above, Amy and Brian Wright were in the Home with their daughter, Chevez. 83. UGI's failure to properly maintain, inspect and service the Furnace at the Home and its failure to wam Brian, Amy or Chevez Wright of its dangerous and defective condition resulted in the death of Chevez Wright as well as bodily harm to Plaintiffs Amy Wright and Brian Wright. 84. Amy Wright and Brian Wright had to listen to the screams of their daughter, not knowing what was wrong. 85. Brian Wright was transported to the hospital in thtl middle of the night due to chest pains which caused him to scream and cry out in pain, and then he had to undergo a series of medical tests to determine the cause of his symptoms. 86. Amy Wright found her daughter lying unconscious in her bed, with her eyes half- closed and red, having wet the bed. 87. While suffering the effects of exposure to high levels of CO herself, Amy Wright had to contact EMS to take her child to the hospital. - 12 - 88. Amy Wright had to ride to the hospital with her child, who was soon thereafter pronounced dead as a result of CO poisoning. 89. Simultaneous to learning that her child had died, Amy Wright had to be transported to another medical facility for treatment in a hyperbaric chamber and to receive oxygen. 90. Brian and Amy Wright have suffered the death of their child. 91. The Plaintiffs observed both the conduct of the Defendant and the resulting physical and emotional injury to their daughter, Chevez. 92. The Plaintiffs were themselves in the zone of danger created by the Defendant. 93. As a direct and proximate result of witnessing th(: injury to their child, Brian and Amy Wright suffered sever emotional distress. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of 25,000.00, together with interest, cost of suit and delay damages allowed by law. COUNT IV - SURVIVAL ACTION 94. Paragraphs 1 through 93 are incorporated herein by reference. 95. James Brian Wright and Amy Wright bring this action on behalf of Chevez Wright's Estate pursuant to 20 Pa. C.S.A. 93373 and 42 Pa. C.S.A. 98302, for damages by the Estate of Chevez A. Wright as a result ofChevez Wright's death as well as pain and suffering suffered by the Decedent prior to her death. 96. Chevez Wright died as a direct and proximate result of the negligence, carelessness and recklessness of Defendant, as set forth above. 97. As a direct and proximate result of the negligence, carelessness and recklessness of UGI, Chevez Wright suffered physical pain, mental anguish, emotional distress, discomfort, loss of earnings, loss of future earnings, social security and other benefits, including loss of life's - 13 - pleasures. James Brian Wright and Amy Wright, as Administrators of the Estate of Chevez A. Wright make a claim therefore together with all other damages recoverable pursuant to Pennsylvania law. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. COUNT V: WRONGFUL DEATH 98. Paragraphs 1 - 97 are incorporated herein by reference. 99. James Brian Wright and Amy Wright bring this action pursuant to 42 Pa. C.s.A. g830l and Pa. R.C.P. No. 2202(a) as personal representatives ofChevez A. Wright to recover for the wrongful death of Chevez Wright. 100. At no time did the decedent bring an action to recover damages for personal injuries and no other action has been commenced to recovery damages for the death of Chevez Wright. 101. James Brian Wright and Amy Wright, bring this action on behalf of themselves and all other persons entitled to recover damages under the Wrongful Death Statute and as Administrators ofthe Estate of Chevez Wright. 102. As a direct and proximate result of the Defend,mt's negligence, carelessness and recklessness as set forth herein, the Plaintiffs have suffered and the Defendants are liable for the following damages: (a) Funeral expenses for the decedent; (b) Medical expenses related to the medical treatment provided to the decedent; (c) Expenses of administration related to the decedent's lllJunes; - 14- (d) Plaintiff s loss of contributions for support, care and services which would have been provided to her family and (e) Such other damages as are permissible in a wrongful death action. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. COUNT VI: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 103. Paragraphs I - 102 are incorporated herein by reference. 104. One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm. 105. UGI's conduct and/or that of its employees or agents in recklessly failing to properly maintain, service, or inspect the Furnace and in recklessly failing to warn the Wrights of its dangerous and defective condition constitutes extreme and outrageous conduct. 106. UGI's conduct has caused and continues to Gause Plaintiffs Amy and Brian Wright severe emotional distress. 107. UGI acted outrageously, in bad faith, and with reckless indifference the rights of Plaintiffs. - IS - WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. Respectfully submitted, RHOADS & SINON LLP ~~ One South Market Square P. O. Box 1. 146 Harrisburg" P A 17108-1146 (7 I 7) 233-5731 -=:> - Attorneys fur Plaintiff - 16 - VERIFICATION Amy Wright, Individually and as Administrator of the Estate of Chevez A. Wright, deposes and says, subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities, that she makes this verification by its authority and that the facts set forth in the Complaint are tme and correct to the best of her knowledge, infi)rmation and belief. 1;'/1.7/0'1 ~ 1e1 J'zh Amy Wri t, IndiYid~y and as Administrator of the Estate ofChevt:z A. Wright Date VERIFICATION James Brian Wright, Individually and as Administrator of the Estate of Chevez A. Wright, deposes and says, subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities, that he makes this verification by its authority and that the facts set forth in the Complaint are tme and correct to the best of his knowledge, information and belief. sf ~.( ( lDY -, Date 519378.1 . CERTIFICATE OF SERVICE I hereby certify that on this 1 st day of July, 2004, a tme ,md correct copy of the foregoing Plaintiffs Complaint was served by means of United States mail, first class, postage prepaid, upon the following: Joseph A. Holko, Esquire Thomas Thomas & Hafer LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 ~Gi~ Teresa Paulhamus IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL ACTION - LAW No. 04-1183 Plaintiffs v. UGI UTILITIES, INC. JURY TRIAL DEMANDED Defendant PRAECIPE TO REINSTATE COMPLAINT TO: THE PROTHONOTARY Kindly reinstate the Complaint against the above Defendant, which was originally filed on July 1, 2004. Respectfully submitted, By: RHOADS &: SINON LLP ~ ~~ f ~mVtcUtJ(hfl Dean F. Piermattei, Esquire One South Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233--5731 Attorneys for Plaintiff Date: August 5, 2004 513039.1 0 ,..., ~ = c- <c"' ...,.. t, "'" -I c:: ::t.." I nl;= Ct'") I -am U1 0l ---; _.J 5: ;;,c:n t)-" -'~o ~5m -".., ...::.... ;'rJ :~ w . - -.j -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, Plaintiffs CNIL ACTION - LAW No. 04-1183 v. UGI UTILITIES, INC. JURY TRIAL DEMANDED Defendant PRAECIPE TO SUBSTITUTE CERTIFICATE OF SERVICE TO: THE PROTHONOTARY Kindly substitute the attached Certificate of Service to Plaintiffs' Complaint which was filed on July I, 2004 and reinstated on August 5, 2004. RHOADS & SINON .~./"'--- F. Pie:rmattei One South Market Square Twelfth Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Date: August 6, 2004 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on this 6th day of August, 2004, a tme and correct copy of the foregoing was served by means of United States mail, first class, postage prepaid, upon the following: Joseph A. Holko, Esquire Thomas Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PAl 8017 ~,,--Quti~ Teresa Paulhamus CERTIFICATE OF SERVIQ;, I hereby certify that on this 5th day of Augus1, 2004, a lime and correct copy of the foregoing Plaintiffs' Complaint was served by means of United States mail, first class, postage prepaid, upon the following: Joseph A. Holko, Esquire Thomas Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 ~iA- Cd? LLU"",u~ Teresa Paulhamus r--,) 'I:'~') f,:.,';Jo .>;. " c::: t:) , U) () -n --J :L-n rn{':;:; ::'~'9 :~"l() _~_ -"1"; >'~(~ (",rn :,~ :~.J .^, ... :'J,:. C~) _J THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attomey Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attomeys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST ATE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant DEFENDANT UGI UTILITIES, INC:S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW comes Defendant UGI Utilities, Inc. by and through their attorneys, Thomas, Thomas and Hafer and preliminarily objects to Plaintiffs' Complaint as follows: 1. Plaintiffs James Brian Wright and Amy Wright bring this tort action arising out of daughter Chevez A. Wright's death and their personal injury allegedly from Carbon Monoxide poisoning at home on or about December 16 and 17, 2003. (Complaint attached hereto as Exhibit" A"). 2. Plaintiffs assert that they purchased their home at 1302 Carlisle Road, Camp Hill, Cumberland County, PA in November 2002 (Complaint, ~7). 3. Plaintiffs assert that all appliances in the home were fueled by natural gas supplied by UGI (Complaint ~8). 4. Natural gas was allegedly shut-off to the home from about June 2003 until December 2003 when gas service was restored, except to the furnace (Complaint ~ 10-14). 5. Plaintiffs allegedly contacted UGI and requested service of their furnace (Complaint ~15). 6. Plaintiffs allege that on December 16, 2003, a UGI serviceman serviced the furnace and restored the gas heat (Complaint ~ 16). 7. Plaintiffs allege that Chevez Wright died on December 17, 2003 and that Amy and Brian Wright suffered physical and emotional harm due to Carbon Monoxide in their home from the furnace (Complaint ~72). 8. Plaintiffs assert that the source of the Carbon Monoxide was the furnace which was over-firing because too much gas was entering the furnace which caused excessive Carbon Monoxide (Complaint ~55). 9. Plaintiffs bring claims for negligence and recklessness (Count I), negligent and intentional misrepresentation (Count II), negligent and intentional infliction of emotional distress (Counts III and VI) and survival and wrongful death (Counts IV and V). 10. Defendant demurs and moves to strike claims for punitive damages at Counts II, (Misrepresentation), IV-V (Wrongful Death, Survival) and VI (Intentional Infliction of Emotional Distress), pursuant to Pa. RCiv.P. 1028 (2), 2 (3) and (4), as a) Plaintiffs have failed to set forth any facts rising to the level of egregious or aggravated conduct sufficient to support a claim for punitive damages and b) punitive damages may not be awarded for wrongful death under 42 Pa. C.S.A. 98301. 11. Defendant demurs and moves to strike claims asserting that Defendants alleged wrongful conduct was "Intentional", "Reckless", "Intentionally Indifferent", "Recklessly Indifferent", "Outrageous" and "Bad Faith", pursuant to Pa. RCiv.P. 1028 (a)(2),(3) and (4), because the Complaint is devoid of facts to demonstrate the requisite intent or conscious disregard. 12. Defendant demurs and moves to strike the claim for Intentional Misrepresentation (Count II), pursuant to Pa. RCiv.P. 1028 (a)(3) and (4), because Plaintiffs have failed to allege with particularity facts to support this fraud claim. 13. Defendant demurs and moves to strike the claim for Intentional Infliction of Emotional Distress, pursuant to Pa. RCiv.P. 1028 (a)(2),(3) and (4), because Plaintiffs have failed to set forth facts to demonstrate that Defendant engaged in extreme and outrageous conduct amounting to a major outrage. 14. Defendant demurs and moves to strike the claim for Loss of Filial Consortium, including loss of services, companionship, society, comfort, guidance, solace and protection, because these damages are not recoverable under the Wrongful Death Statute, 42 Pa. C.S.A. 98301. 3 WHEREFORE, Defendant UGI Utilities, Inc. respectfully requests that this Honorable Court sustain moving Defendant's Preliminary Objections to Plaintiffs' Complaint and enter an Order in the form proposed. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Dated: 310100.1 g-~~-~ q 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COPy -.... JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL ACTION - LAW No. 04-1183 Plaintiffs v. UGI UTILITIES, INe JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD 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 c:1aimed in the Complaint or for any other claim or relief requested by the Plaintiff. You maylose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ~~~ .'-' ~~::> C-:J ~- (-,- . . , '"'--" -':.1 o -n ~.; '--:--n (1"'r:-;:; ::~8 .,- T c~(-) ~~-' --'Ii i~'-:; ;.-~s '.'~ ~n ':-J. .' ~~ 506082.1 TRUE COPY FROM RECCIRO In Testimony Wllilfoof, I here unto set mrt llano ~!1d the seal 01 said at Carlisle. Pa. Tni .day \) ~~ ~ '~ frotI1onotarY (,,) -"" C., . (,)1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL ACTION - LAW No. 04-1183 Plaintiffs v. UGI UTILITIES, INC. Defendant JURY TRL\L DEMANDED COMPLAINT NOW COME Plaintiffs, by and through counsel, Rhoads & Sinon LLP, and file the within Complaint as follows: 1. Plaintiffs, James Brian Wright ("Brian Wright") and Amy Wright, Individually and as Administrators of the Estate of Chevez A. Wright, were the parents of and are the Administrators of the Estate ofChevez A. Wright, deceased. 2. At all times relevant, Chevez Wright resided with her parents, Plaintiffs Brian and Amy Wright, until the time of her death. 3. At all times relevant herein, Chevez Wright was 12 years old. 4. As of December 16, 2003 Brian, Amy and Chevez Wright resided at 1302 Carlisle Road, Camp Hill, Cumberland County. Pennsylvania (the "Home"). 5. Defendant, UGI Utilities, Inc. ("UGf'), is a Pennsylvania corporation with a principal place of business at 1500 Paxton Street, Harrisburg, Pennsylvania 17104. 6. UGI provides natural gas service, equipment installations, and services natural gas appliances for its business and residential customers. -2- 7. In November 2002, Brian and Amy Wright purchased the Home. 8. At all times relevant, UGI provided natural gas service to fuel the appliances at the Home, including the gas Furnace. The gas Furnace, at th(l Home and related apparatus is hereinafter referred to as the "Furnace". 9. In or around Mayor June, 2003, the Wrights moved out of the Home for a period of approximately five to six months. 10. During that time, UOI did not provide natural gas service to the Home. 11. Toward the end of November 2003, the Wrights moved back into the Home at which time the Wrights contacted UOI to come to the Home in order to return natural gas service to the Home and to turn on the gas appliances. 12. Sometime soon thereafter, an employee or agent of UOI went to the Home and attempted to light the gas Furnace. 13. At that time, UOl's employee or agent could not light the Furnace, and told the Wrights that they would need to place a service call to UOI before the Furnace could be operated. 14. All of the natural gas appliances with the exception of the Furnace were working and in use when the UOI employee or agent left on that day. 15. Thereafter, the Wrights contacted UOI, and asked that UOI send someone to service the Furnace. - 3- 16. On December 16,2003, UGI sent a serviceman to the Home to service the Furnace and restore gas heat to the Home. 17. The UGI serviceman was at the Home for less than one hour on December 16, 2003. 18. The UGI serviceman told Amy Wright that he had cleaned the filter on the Furnace, that a new filter would need to be purchased, and where she could purchase the filter. 19. The UGI serviceman started the Furnace, and stated that the Furnace may need to be replaced within a year but that it was working properly. The UGI serviceman did not indicate that there were any specific problems with the Furnace. 20. Moreover, the UGI serviceman did not inform the Wrights that the Furnace was in any way unsafe to operate, rather the UGI serviceman left the Home on December 16, 2003 with the Furnace running and represented to the Wrights that they need only obtain a new filter in the future. 21. The UGI service man requested payment at the time of the service call and Amy Wright paid for the service call. 22. On the same day, December 16, 2003, Chevez Wright had been out with a family member and returned home at approximately 8:30 p.m. 23. At approximately 9:30 p.m., Amy and Brian Wright began to develop severe headaches. 24. Also around 9:30 p.m., Brian Wright's chest began to hurt, his heart started to race. and his arms felt numb and tingly. -4- 25. At that time, Brian Wright went into his bedroom to lie down. 26. During the course of the evening, on two occasions, Chevez cried out, which resulted in the Wrights checking on her, but she eventually went back to sleep. 27. Also during the evening of December 16, 2003, Brian Wright began to experience pain in his chest, and he started screaming and crying, which ultimately required him to be transported to Holy Spirit Hospital. 28. During the course of the same evening, Amy Wright again checked on Chevez Wright who was sleeping. 29. Throughout the evening, Amy Wright continued to suffer from a severe headache, she felt achy, her ears were clogged, and her speech became slurred, so she went to bed. 30. The next morning, Amy still had a headache, and she decided to allow Chevez to sleep in rather than making her get up and go to school. 31. However, after several hours in which Chevez never awoke, Amy went to her room to wake her. 32. When Amy went to her daughter's room, Chevez was laying on her stomach. 33. Amy tried to gently wake Chevez by tickling her feet and playing with her ears, but Chevez did not respond. 34. Finally, Amy rolled Chevez over, which is when sht: noticed that her daughter's eyes were half open and very red. She also noticed that Chevez had wet the bed. -5- 35. Amy immediately called 911, and reported that Chevez was unconscious, but that she was still breathing. 36. When EMS arrived at the Horne, Chevez Wright was still unconscious. 37. EMS personnel also noted that Amy Wright was not acting appropriately and that her speech was slurred. 38. EMS personnel commenced cardio pulmonary resuscitation (CPR) on Chevez and inserted a nasal airway into her. 39. Chevez was also ventilated with a bag valve mask, but her condition remained unchanged during transport to Harrisburg Hospital. 40. When Chevez arrived at Harrisburg Hospital, she was in cardiopulmonary arrest, and she was pronounced dead at I :23 p.m. on December 17, 2003. 41. A blood carboxyhemoglobin (Hbg) test showed thmt Chevez had a carbon monoxide ("CO") Hbg level of 49.5%. 42. The Deputy Coroner that examined Chevez's body did not order an autopsy because he concluded her death was caused by the high level of CO in her blood. 43. After learning of her daughter's death, Amy continued to have a headache, she was not mentating properly, and she continued to exhibit global confusion. 44. Tests performed on Amy Wright at the emergency room, showed that Amy had a CO Hbg level 000.2%. -6- 45. Amy Wright was then transported by ambulance to the Frederickson Health Center for treatment in a hyperbaric chamber. She underwent 30 minutes of treatment and then continued to receive high-flow oxygen before she was transported back to Harrisburg Hospital. 46. Also on December 17, 2003, after Chevez and Amy Wright had been transported to the hospital by EMS, the Lower Allen Fire Company was dispatched to the Home. 47. Upon arrival, the Fire Chief was advised that Chevez Wright had been in cardiac arrest at the Home earlier. 48. The Fire Company conducted air quality samples in the Home. 49. Extremely high levels of CO were found in the first floor of the Home. 50. Even higher levels of CO were found in the basement of the Home, where the Furnace is located. 51. In fact, the levels of CO found in the Home were so high that they were classified by the Lower Allen Fire Company as levels of CO that pose sever<e life and health hazards and that are possibly lethal. 52. On December 22, 2003, as part of their ongoing investigation, the Lower Allen Police Department again went to the Home with police officers for further investigation. 53. Subsequent to the death of Chevez Wright and prior to December 22, 2003, four UGI personnel examined the Furnace at the Home and concluded that there were no problems. -7- 54. As of that date, Ernie Leggett from Leggett Plumbing and Heating, Inc., ("Leggett") was retained by the Lower Allen Police Department as an ind,ependent contractor to look at the Furnace. 55. Leggett concluded that the Furnace was over-firing because there was too much gas being allowed into the Furnace and as a result of the over-firing, the Furnace was creating excessive CO which was filtering into the Home. 56. The cause of the over-firing was attributable to a faulty regulator. 57. Leggett also turned on the water heater, which did not produce any substantial amount of CO. 58. The Furnace was restarted, and a decision was made to check the CO levels over the next couple of days. 59. After this was done, everyone left the Home on December 22,2003, at approximately 2:00 p.m. 60. At approximately 7:30 p.m. on the same day, a police officer heard the CO detector which was placed in Chevez Wright's room beeping. 61. Thereafter, the Home was entered and air quality tes1!s were conducted. 62. Again, extremely high levels of CO were found llrroughout the Home, including Chevez Wright's bedroom. 63. The Furnace was then shut down, and the Home was ventilated. Thereafter, safe readings were recorded, and the Home was secured. - 8- COUNT I - NEGLIGENCE James Brian Wright and Amy Wright, Individually and as Administrators of the Estate of Chevez A. Wrie:ht v. UGI Utilities. Inc 64. Paragraphs 1 - 63 are incorporated herein by reference. 65. UGI owed a duty to Brian, Amy, and Chevez Wright to properly maintain the Furnace and related apparatus (herein after the "Furnace") at the Home in order to ensure that it was safe for operation. 66. UGI owed a duty to Brian, Amy and Chevez Wright to properly inspect the Furnace at the Home to ensure that it was safe for operation. 67. UGI owed a duty to Brian, Amy and Chevez Wright to properly service and test the Furnace at the Home in order to ensure that it was safe for operation prior to restarting the Furnace and discover any problems, risks or defects associated with operating the Furnace. 68. UGI owed a duty to Brian, Amy and Chevez Wright to warn them of any existing or potentiaIly dangerous and/or defective condition of the Furnace. 69. UGI had a duty to leave the home with the Furnace operating only if the Furnace could be operated in a safe manner without the risk of CO poisoning. 70. On December 16, 2003 after UGI completed its service call, the Furnace was operating in a dangerous, defective and problematic fashion as it was emitting excessive CO into the Home. 71. The negligence, carelessness and recklessness of the Defendant consisted of the following acts and/or omissions which are to be read in conjunction with Paragraph 1-70 which were substantial factors in causing the death ofChevez Wright: (a) failure to properly inspect the Furnace for all possible problems, defects or risks associated with the operation of the Furnace; -9- (b) failure to discover any and all defects, problems or causes of malfunctions associated with the operation of the Furnace and related apparatus; (c) failure to warn the Wrights of any existing problems, defects or malfunctions associated with operation of the Furnace; (d) failure to possess and exercise necessary skill and knowledge noramally possessed and exercised by individuals and entities similarly situated as UGI with respect to servicing the Furnace, so as to be able to detect any malfunctions, defects or problems associated with operating the Furnace; (e) failure to perform the appropriate tests in order to detect any malfunctions, problems or defects and risks associated with the operation of the Furnace, including but not limited to testing for the release of excessive amounts of CO; (f) igniting and operating the Furnace when it could not be operated in a safe manner; (g) failure to establish and implement reasonable and appropriate testing methods and standards by which its service personnel could properly inspect and detect any defects, problems or risks associated with the operation of a gas Furnace including detection of excessive amounts of CO; (h) failure to properly train, instruct and supervise its service personnel so as to be able to detect problems, defects or risks associated with the operation of the Wrights' gas Furnace, including but not limited to the use of CO detectors; (i) failure to properly adopt and promulgate adequate rules, regulations, guidelines, policies and procedures with respect to its service personn<e1 so as to avoid exposing its customers such as the Wrights to the risk of CO poisoning; (j) leaving left the Home with the Furnace operating in a dangerous and defective condition. - 10- 72. As a direct and proximate result of Defendant's negligence, careless and reckless behavior as set forth above, Chevez Wright died and Amy and Brian Wright suffered and continue to suffer, harm, including but not limited to physical pain, mental anguish, emotional distress and discomfort. 73. UGI's action and/or lack of action was outrageous, in bad faith, and with reckless indifference to the rights and duty owed to the Plaintiff. WHEREFORE. the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit and delay damages allowed by law. COUNTII-MUSREPRESENT).TION 74. Paragraphs 1 - 73 are incorporated herein by reference. 75. The Defendant at all times represented impliedly and expressly that it was an expert in the area of maintaining and servicing gas appliances including the Furnace. 76. On December 16, 2003, the Defendant both through its actions and statements represented to the Plaintiffs that the Furnace was properly serviced and was safely operating with no risk of harm to the Wrights. 77. The Defendants knew or reasonably should have known the true condition of the Furnace at the time it serviced the Furnace. 78. The Plaintiffs reasonably relied upon the Defendants representations and in doing so, allowed the Furnace to continue to operate while they occupied the Home. 79. As a direct and proximate result of Defendant's misrepresentations and Plaintiffs' reliance thereon, the true condition of the Furnace was unknown and the Plaintiffs experienced CO poisoning resulting in the death ofChevez Wright and other damages as set forth herein. - 11 - 80. Defendant's misrepresentations were made either negligently, intentionally and/or with reckless indifference of the truth and said behavior was extreme and outrageous and warrants the award of punitive damages. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. COUNT III - NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 81. Paragraphs I - 80 are incorporated herein by reference. 82. At the time of Defendant's negligent conduct as set forth above, Amy and Brian Wright were in the Home with their daughter, Chevez. 83. UGI's failure to properly maintain, inspect and service the Furnace at the Home and its failure to warn Brian, Amy or Chevez Wright of its dangerous and defective condition resulted in the death of Chevez Wright as well as bodily hmm to Plaintiffs Amy Wright and Brian Wright. 84. Amy Wright and Brian Wright had to listen to the screams of their daughter, not knowing what was wrong. 85. Brian Wright was transported to the hospital in the middle of the night due to chest pains which caused him to scream and cry out in pain, and then he had to undergo a series of medical tests to determine the cause of his symptoms. 86. Amy Wright found her daughter lying unconscious in her bed, with her eyes half- closed and red, having wet the bed. 87. While suffering the effects of exposure to high levels of CO herself, Amy Wright had to contact EMS to take her child to the hospital. - 12- 88. Amy Wright had to ride to the hospital with her child, who was soon thereafter pronounced dead as a result of CO poisoning. 89. Simultaneous to learning that her child had died, Amy Wright had to be transported to another medical facility for treatment in a hyperbaric chamher and to receive oxygen. 90. Brian and Amy Wright have suffered the death of their child. 91. The Plaintiffs observed both the conduct of the Defendant and the resulting physical and emotional injury to their daughter, Chevez. 92. The Plaintiffs were themselves in the zone of danger created by the Defendant. 93. As a direct and proximate result of witnessing the injury to their child, Brian and Amy Wright suffered sever emotional distress. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of 25,000.00, together with interest, cost of suit and delay damages allowed by law. COUNT IV - SURVIVAL ACTION 94. Paragraphs I through 93 are incorporated herein by reference. 95. James Brian Wright and Amy Wright bring this action on behalf of Chevez Wright's Estate pursuant to 20 Pa. C.S.A. ~3373 and 42 Pa. C.S.A. ~8302, for damages by the Estate of Chevez A. Wright as a result of Chevez Wright's death as well as pain and suffering suffered by the Decedent prior to her death. 96. Chevez Wright died as a direct and proximate result of the negligence, carelessness and recklessness of Defendant, as set forth above. 97. As a direct and proximate result of the negligence, carelessness and recklessness of UGI, Chevez Wright suffered physical pain, mental anguish, emotional distress, discomfort, loss of earnings, loss of future earnings, social security and other benefits, including loss of life's - 13- , pleasures. James Brian Wright and Amy Wright, as Administrators of the Estate of Chevez A. Wright make a claim therefore together with all other damages recoverable pursuant to Pennsylvania law. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. COUNT V: WRONGFUL DEATH 98. Paragraphs 1 - 97 are incorporated herein by reference. 99. James Brian Wright and Amy Wright bring this action pursuant to 42 Pa. C.S.A. g8301 and Pa. R.c.P. No. 2202(a) as personal representatives of Chevez A. Wright to recover for the wrongful death of Chevez Wright. 100. At no time did the decedent bring an action to recover damages for personal injuries and no other action has been commenced to recovery damages for the death of Chevez Wright. 101. James Brian Wright and Amy Wright, bring this action on behalf of themselves and all other persons entitled to recover damages under the Wrongful Death Statute and as Administrators of the Estate ofChevez Wright. 102. As a direct and proximate result of the Defend.mt's negligence, carelessness and recklessness as set forth herein, the Plaintiffs have suffered and the Defendants are liable for the following damages: (a) Funeral expenses for the decedent; (b) Medical expenses related to the medical1reattnent provided to the decedent; (c) Expenses of administration related to the decedent's injuries; - 14- (d) Plaintiff's loss of contributions for support, care and services which would have been provided to her family and (e) Such other damages as are permissible in a wrongful death action. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. COUNT VI: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 103. Paragraphs 1 - 102 are incorporated herein by reference. 104. One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm. 105. UGI's conduct and/or that of its employees or agents in recklessly failing to properly maintain, service, or inspect the Furnace and in recklessly failing to warn the Wrights of its dangerous and defective condition constitutes extreme and outrageous conduct. 106. UGI's conduct has caused and continues to <cause Plaintiffs Amy and Brian Wright severe emotional distress. 107. UGI acted outrageously, in bad faith, and with reckless indifference the rights of Plaintiffs. - 15 - . WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. Respectfully submitted, RHOADS & SINON LLP .~~~ One South Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233..5731 - Attorneys for Plaintiff - 16.. VERIFICATION Amy Wright, Individually and as Administrator of the Estate of Chevez A. Wright, deposes and says, subject to the penalties of 18 Pa. C.s. S4904 relating to unsworn falsification to authorities, that she makes this verification by its authority and that the facts set forth in the Complaint are tme and correct to the best of her knowledge, information and belief. Date ;:;-/1..7/0'1 ~ ~f'] ~zh Amy Wri 1, Indi'Vid~y and as Administrator of the Estate of Chevez A. Wright VERIFICATION James Brian Wright, Individually and as Administrator of the Estate of Chevez A. Wright, deposes and says, subject to the penalties of 18 Pa. c.s. 94904 relating to unsworn falsification to authorities, that he makes this verification by its authority and that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief. Sr~7 C~y Date ~, ally and as of Chevez A. Wright 519378.1 r CERTIFICATE OF SERVICE I hereby certify that on this 1 st day of July, 2004, a tme and correct copy of the foregoing Plaintiff's Complaint was served by means of United States mail, first class, postage prepaid, upon the following: Joseph A. Holko, Esquire Thomas Thomas & Hafer LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 ~~ Teresa PauIhamus 2 g: ~lJ.l mrr'. ;?if.: f7, ,,," ~t~ ~'~~. r" ~ ,.1 ",,0, rC -,r ~ ~ -- . '2i c;.;)- or ~ G'> N 0"1 Q -l :r:-n rl1.'- -ot;; :uQ L,l(':1 "T"t. (5:1i ;2~ (:5' _4 ,,' o ~ N ~ ::>: .s::- THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST ATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I hereby verify that I served a true and correct copy of the foregoing PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT on the party listed below via First Oass Mail, postage prepaid, on this, the 25th day of August, 2004. Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, LLP 285036.2 ~ ~ ~ ~ ~~ ~'~ ~ ~. en "] N C7' O.?, !c::t.) -0 ~~ %€ ~ Bft'\ ~ ~ "" ~ 0 ?ij """ N PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------.------------..----------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) James Brian Wright, Amy (Plaintiff) wright, individv~lly and as Administrators of the Estate of Chevez A. Wright v. (Defendant) UGI Utilities, Inc. No. 1183 04 Term '-- 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary objections to Plaintiffs' Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: n~;::!n F. Pip.rm~t,+.p.;. F.~Qllire (Name and Addre.,,) 1 South Market Square, Harrisburg, (b) for defendant: Joseph A. PA 17108 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 3400 Bath Holko, Esquire (Name and Address) pike, suite 302, Bethlehem, PA 18017 4. Argument Court Date: September 22, 2004 Date, August 25. 2004 UGI Utilities, Inc. Attorney for (") c: ~ r+~{::; ~ ..~' ~. ' ~.- "- :"7'1">. (jj '~~" -';:" '~'," r-:A <C,: ~"';l,--:. OSCl -r -;; :;J , '" -= -= ..,.. ;:.. c: G', W ~ ~:n "~T ~ ::;1. ~ "-.,, .::1= zu om 'b! =:0 -< > ::r <.0 -. .J:" <J1 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (Must be typewritten and submitted in duplicate) CAPTION OF CASE (entire caption must be stated in full) -----------------------------------------------------------------------------..-------------------------------------------- Please Iis1!he within matter for the next Argument Court. James Brian Wright, Amy (Plaintifi) Wright, individually and As Administrators of !he Estate ofChevez A. Wright v. UGI Utilities, Inc. (Defendant) No. 1. State matter to be argued (i.e. Plaintiff's motion for new trial, Defendant.s demurrer to Complaint, etc.): 1183 _, 04 Term MOTION FOR COURT ORDER TO PRESERVE PHYSICAL EVIDENCE 2. Identify counsel who will argue cases: (a) for plaintiff. Dean F. Piermattei. ESQ. (Name and Address) 1 South Market SQuare. Harrisburg. P A 17108 (b) for defendant. Joseoh A. Holko. ESQ. (Name and Address) 3400 Bath Pike. Suite 302. Bethlehem. P A 18017 4. Argument Court Date: 3. I will notify all parties in writing within two days that this case h"s been listed for argument. SeDtember 22. 2004 Dalef- / -09' (") c -o~: rnC:~ ~ij,..: Ci.i )c. ~Cj ;r-;'--J ...:.;.......-; ""'-( , ~C: ~ .... = = J:'" en rr. -0 I N -0 ::J:; o .." s:t" m-~ , -om :o? G() :;:J-r. ':5~1 -_7(~ CSrn --.; )-> :D -< r.- C> THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UGI Utilities, Inc. CIVIL DIVISION - LAW Plaintiffs, vs. NO. 04..1183 UGI UTILITIES, INC. Defendant JURY TR:IAL DEMANDED BY JURY OF TWELVE PERSoNS I hereby verify that I served a true and correct copy of the foregoing DEFENDANT UGI UTILITIES, INC:S MOTION FOR COURT ORDER TO PRESERVE PHYSICAL EVIDENCE AND BRIEF IN SUPPORT OF DEFENDANT'S MOTION FOR COURT ORDER TO I'RESERVE PHYSICAL EVIDENCE on the party listed below via First Class Mail, postage prepaid, on this, the 1ST day of September, 2004. CERTIFICATE OF SERVICE Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, UP 285036-3 (") "" 0 = ~ = '-1 or- en :r'T' -Or,::,; rr, ~E~L -" ;1~ L":l~' I (D " ....... N 0 ~t :::'-.; -0 (5;:: 4 c., ::c -7~) j;2 J::'" ("51-" ~:....l ~ C) ~~ en -< THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610)868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST ATE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF nVEL VE PERSONS Defendant DEFENDANT UGI UTILITIES, INC.'S MOTION FOR COURT ORDER TO PRESERVE PHYSICAL EVIDENCE AND NOW Defendant UGI Utilities, Inc. by and through their attorneys, Thomas, Thomas and Hafer hereby moves the Court to issue an Order preserving certain physical evidence, and in support thereof, avers as follows: 1. On July 8, 2004, Plaintiffs served their Complaint arising out of an alleged carbon monoxide poisoning in their home at 1302 Carlisle Road, Camp Hill, Pennsylvania on December 16-17, 2003. (Complaint is attached hereto as Exhibit" AU). 2. Plaintiffs allege that Chevez Wright died on December 17, 2003 and Plaintiffs Amy and Brian Wright suffered physical and emotional harm due to the carbon monoxide in their home from the furnace (Complaint '\l72). 3. Plaintiffs assert that the source of the carbon monoxide was the furnace (Complaint ~55) 4. Plaintiffs assert that the furnace was over firing because of a faulty regulator which allowed too much gas into the furnace causing excessive carbon monoxide (Complaint ~56). 5. Plaintiffs claim that UGI serviced the furnace in their home on December 16, 2003 (Complaint ~16). 6. Plaintiffs assert among other claims, that Defendant UGI was negligent in failing to properly inspect, discover defects and warn Plaintiffs regarding the problems with the furnace and their negligence was a substantial factor in causing Chevez Wright's death and Amy and James Wrights' injuries (Complaint ~71). 7. As a result of the Lower Allen Township Fire Department's investigation of the incident in the latter part of December 2003, the Wright home at 1302 Carlisle Road, Camp Hill, Pennsylvania was condemned. 8. To the best of Defendant's knowledge, Plaintiffs have vacated their home with no interest in returning to reside there in the near future. 9. Defendant UGI maintains that the preservation of the condition of the home and its contents as it existed on December 16-17, 2003, is necessary to guard against potential spoliation of evidence material to Defendant's investigation and/ or the litigation relating to this December 16-17, 2003, incident. 311135-1 10. On January 6, 2004, counsel for UGI forwarded correspondence to counsel for the Wrights requesting that the Wrights preserve the condition of the condemned home. (Correspondence of January 6, 2004 attached hereto and marked as Exhibit "B"). 11. Counsel for UGI specifically requested that "nothing should be moved or removed from the house or changed, altered or destroyed before any interested parties have had an opportunity to conduct a full and complete inspection of the circumstances surrounding the incident (Exhibit "B"). 12. Counsel for UGI advised that "UGI would . . . like to have an opportunity to fully investigate and conduct certain tests within the home before anything is changed. . . [T]his will have to be coordinated to provide enough lead time for any and all parties to be present who may have an interest in the appliances, home construction and HV AC system." (Exhibit "B"). 13. Plaintiffs' counsel responded that "the furnace and its condition will be preserved so as to allow future testing when the appropriate time arrives (Correspondence of January 8, 2004 attached hereto as Exhibit "C"). 14. However, Plaintiffs' counsel made no assurance that the condition of other gas appliances in the home, the physical structure of the home, the ventilation system, and the configuration of items around the ducts for the venting system as well as other items would not be changed. 15. Defendant seeks to inspect, photograph and test the residence in the condition which most closely resembles that existing on December 16 and 17, 2003 so that Defendant UGI, as well as other parties which may be named in this lawsuit, will have a 311135-1 full and fair opportunity to investigate the causes of the alleged carbon monoxide poisonings. (Attached hereto as Exhibit "D" is the ASTM Standard E-860-97 entitled Standard Practice for Examining and Testing Items that Are or May Become Involved in Litigation). 16. Plaintiffs should not be permitted to alter the condition of their condemned residence, which they no longer occupy, without notice to Defendant and an opportunity for Defendant to document the changes made by Plaintiffs to the residence and perform any testing in the residence to investigate the circumstances and causes of the poisonings. WHEREFORE, Defendant UGI Utilities, Inc. respectfully requests that this Honorable Court enter the Order to preserve the physical evidence in the form proposed. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Dated: f, / -() 1/ 311135-1 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COPy "". ~ JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL ACTION - LAW No" 04-1183 Plaintiffs v. UGI UTILITIES, INe. JURY TRIAL DEMANDED Defendant NOTICE TO PLEAD YOU HAVE BEEN SUED IN COURT. If you wish to d,~fend 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 wamed 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 .-., 0 C) <:".::;) .'--- ~"l -n , --< "-" c.... -'1~ 11 '. (llf::;: , --,I" I :J.'~( -;:J ~A ~f~ '-J C) rT1 . c,) ':~.:4. U1 "~~ -. 01 506082.1 TRUE COpy FROM REC()RD In Testimony wnereof. I here unto set my llano "!1d the seal of said Coo at Carlisle. Pa. Thi .day II ~'1bl>l/ Pro~r~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL ACTION - LAW No. 04-1183 Plaintiffs v. UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED COMPLAINT NOW COME Plaintiffs, by and through counsel, Rhoads & Sinon LLP, and file the within Complaint as follows: 1. Plaintiffs, James Brian Wright ("Brian Wright") and Amy Wright, Individually and as Administrators of the Estate of Chevez A. Wright, were the parents of and are the Administrators of the Estate of Chevez A. Wright, deceased. 2. At all times relevant, Chevez Wright resided with her parents, Plaintiffs Brian and Amy Wright, until the time of her death. 3. At all times relevant herein, Chevez Wright was 12 years old. 4. As of December 16, 2003 Brian, Amy and Chevez Wright resided at 1302 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania (the "Home"). 5. Defendant, UGI Utilities, Inc. ("UGf'), is a Pennsylvania corporation with a principal place of business at 1500 Paxton Street, Harrisburg, Pennsylvania 17104. 6. UGI provides natural gas service, equipment installations, and services natural gas appliances for its business and residential customers. -2- 7. In November 2002, Brian and Amy Wright purchased the Home. 8. At all times relevant, UGI provided natural gas service to fuel the appliances at the Home, including the gas Furnace. The gas Furnace, at the Home and related apparatus is hereinafter referred to as the "Furnace". 9. In or around Mayor June, 2003, the Wrights moved out of the Home for a period of approximately five to six months. 10. During that time, UGI did not provide natural gas selvice to the Home. 11. Toward the end of November 2003, the Wrights moved back into the Home at which time the Wrights contacted UGI to come to the Home in order to return natural gas service to the Home and to turn on the gas appliances. 12. Sometime soon thereafter, an employee or agent of UGI went to the Home and attempted to light the gas Furnace. 13. At that time, UGI's employee or agent could not light the Furnace, and told the Wrights that they would need to place a service call to UGI before the Furnace could be operated. 14. All of the natural gas appliances with the exception of the Furnace were working and in use when the UGI employee or agent left on that day. 15. Thereafter, the Wrights contacted UGI, and asked that UGI send someone to service the Furnace. - 3- . 16. On December 16,2003, UGI sent a serviceman to the Home to service the Furnace and restore gas heat to the Home. 17. The UGI serviceman was at the Home for less than one hour on December 16, 2003. 18. The UGI serviceman told Amy Wright that he had cleaned the filter on the Furnace, that a new filter would need to be purchased, and where she could purchase the filter. 19. The UGI serviceman started the Furnace, and stated. that the Furnace may need to be replaced within a year but that it was working properly. The UGI serviceman did not indicate that there were any specific problems with the Furnace. 20. Moreover, the UGI serviceman did not inform the Wrights that the Furnace was in any way unsafe to operate, rather the UGI serviceman left the Home on December 16, 2003 with the Furnace running and represented to the Wrights that they need only obtain a new filter in the future. 21. The UGI service man requested payment at the time of the service call and Amy Wright paid for the service call. 22. On the same day, December 16, 2003, Chevez Wright had been out with a family member and returned home at approximately 8:30 p.m. 23. At approximately 9:30 p.m., Amy and Brian Wright began to develop severe headaches. 24. Also around 9:30 p.m., Brian Wright's chest beglUl to hurt, his heart started to race, and his arms felt numb and tingly. -4- 25. At that time, Brian Wright went into his bedroom to lie down. 26. During the course of the evening, on two occasions, Chevez cried out, which resulted in the Wrights checking on her, but she eventually went back to sleep. 27. Also during the evening of December 16, 2003. Brian Wright began to experience pain in his chest, and he started screaming and crying, whieh ultimately required him to be transported to Holy Spirit Hospital. 28. During the course of the same evening, Amy Wright again checked on Chevez Wright who was sleeping. 29. Throughout the evening, Amy Wright continued to suffer from a severe headache, she felt achy, her ears were clogged, and her speech became slurred, so she went to bed. 30. The next morning, Amy still had a headache, and she decided to allow Chevez to sleep in rather than making her get up and go to school. 31. However, after several hours in which Chevez never awoke, Amy went to her room to wake her. 32. When Amy went to her daughter's room, Chevez was laying on her stomach. 33. Amy tried to gently wake Chevez by tickling her feet and playing with her ears, but Chevez did not respond. 34. Finally, Amy rolled Chevez over, which is when she noticed that her daughter's eyes were half open and very red. She also noticed that Chevez had wet the bed. - 5 - 35. Amy inunediately called 911, and reported that Chevez was unconscious, but that she was stilI breathing. 36. When EMS arrived at the Home, Chevez Wright was stilI unconscious. 37. EMS personnel also noted that Amy Wright was not acting appropriately and that her speech was slurred. 38. EMS personnel commenced cardio pulmonary resuscitation (CPR) on Chevez and inserted a nasal airway into her. 39. Chevez was also ventilated with a bag valve mask, but her condition remained unchanged during transport to Harrisburg Hospital. 40. When Chevez arrived at Harrisburg Hospital, she was in cardiopulmonary arrest, and she was pronounced dead at 1 :23 p.m. on December 17, 2003. 41. A blood carboxyhemoglobin (Hbg) test showed that Chevez had a carbon monoxide ("CO") Hbg level of 49.5%. 42. The Deputy Coroner that examined Chevez's body did not order an autopsy because he concluded her death was caused by the high level of CO in her blood. 43. After learning of her daughter's death, Amy continued to have a headache, she was not mentating properly, and she continued to exhibit global confusion. 44. Tests performed on Amy Wright at the emergency room, showed that Amy had a CO Hbg level of 30.2%. -6- 45. Amy Wright was then transported by ambulance to the Frederickson Health Center for treatment in a hyperbaric chamber. She underwent 30 minutes of treatment and then continued to receive high-flow oxygen before she was transported back to Harrisburg Hospital. 46. Also on December 17, 2003, after Chevez and Amy Wright had been transported to the hospital by EMS, the Lower Allen Fire Company was dispatched to the Home. 47. Upon arrival, the Fire Chief was advised that Chevez Wright had been in cardiac arrest at the Home earlier. 48. The Fire Company conducted air quality samples in the Home. 49. Extremely high levels of CO were found in the first floor of the Home. 50. Even higher levels of CO were found in the basement of the Home, where the Furnace is located. 51. In fact, the levels of CO found in the Home were so high that they were classified by the Lower Allen Fire Company as levels of CO that pose sevl~re life and health hazards and that are possibly lethal. 52. On December 22,2003, as part of their ongoing investigation, the Lower Allen Police Department again went to the Home with police officers for further investigation. 53. Subsequent to the death of Chevez Wright and prior to December 22, 2003. four UGI personnel examined the Furnace at the Home and concluded that there were no problems. -7 - . 54. As of that date, Ernie Leggett from Leggett Plumbing and Heating, Inc., ("Leggett") was retained by the Lower Allen Police Department as an independent contractor to look at the Furnace. 55. Leggett concluded that the Furnace was over-firing because there was too much gas being allowed into the Furnace and as a result of the over-firing, the Furnace was creating excessive CO which was filtering into the Home. 56. The cause of the over-firing was attributable to a faulty regulator. 57. Leggett also turned on the water heater, which did not produce any substantial amount of CO. 58. The Fumace was restarted, and a decision was made to check the CO levels over the next couple of days. 59. After this was done, everyone left the Home on December 22,2003, at approximately 2:00 p.m. 60. At approximately 7:30 p.m. on the same day, a police officer heard the CO detector which was placed in Chevez Wright's room beeping. 61. Thereafter, the Home was entered and air quality tests were conducted. 62. Again, extremely high levels of CO were found throughout the Home, including Chevez Wright's bedroom. 63. The Furnace was then shut down, and the Home was ventilated. Thereafter, safe readings were recorded, and the Home was secured. - 8- COUNT I - NEGLIGENCE James Brian Wright and Amy Wright, Individually and as Administrators of the Estate of Chevez A. Wrie:ht v. UGI Utilities. Inc 64. Paragraphs 1 - 63 are incorporated herein by reference. 65. UGI owed a duty to Brian, Amy, and Chevez Wright to properly maintain the Furnace and related apparatus (herein after the "Furnace") at the Home in order to ensure that it was safe for operation. 66. UGI owed a duty to Brian, Amy and Chevez Wright to properly inspect the Furnace at the Home to ensure that it was safe for operation. 67. UGI owed a duty to Brian, Amy and Chevez Wright to properly service and test the Furnace at the Home in order to ensure that it was safe for operation prior to restarting the Furnace and discover any problems, risks or defects associated with operating the Furnace. 68. UGI owed a duty to Brian, Amy and Chevez Wright to warn them of any existing or potentially dangerous and/or defective condition of the Furnace. 69. UGI had a duty to leave the home with the Furnace operating only if the Furnace could be operated in a safe manner without the risk of CO poisoning. 70. On December 16, 2003 after UGI completed its service call, the Furnace was operating in a dangerous, defective and problematic fashion as it was emitting excessive CO into the Home. 71. The negligence, carelessness and recklessness of the Defendant consisted of the following acts and/or omissions which are to be read in conjunction with Paragraph 1-70 which were substantial factors in causing the death of Chevez Wright: (a) failure to properly inspect the Furnace for alii possible problems, defects or risks associated with the operation of the Furnace; - 9- (b) failure to discover any and all defects, problems or causes of malfunctions associated with the operation of the Furnace and related apparatus; (c) failure to warn the Wrights of any existing problems, defects or malfunctions associated with operation of the Furnace; (d) failure to possess and exercise necessary skill and knowledge noramally possessed and exercised by individuals and entities similarly situated as UGI with respect to servicing the Furnace, so as to be able to detect any malfunctions, defects or problems associated with operating the Furnace; (e) failure to perform the appropriate tests in order to detect any malfunctions, problems or defects and risks associated with the operation of the Furnace, including but not limited to testing for the release of excessive amounts of CO; (f) igniting and operating the Furnace when it couId not be operated in a safe manner; (g) failure to establish and implement reasonable and appropriate testing methods and standards by which its service personnel could properly inspect and detect any defects, problems or risks associated with the operation of a gas Furnace includ.ing detection of excessive amounts of CO; (h) failure to properly train, instmct and supervise its service personnel so as to be able to detect problems, defects or risks associated with the operation of the Wrights' gas Furnace, including but not limited to the use of CO detectors; (i) failure to properly adopt and promulgate adequate m1es, regulations, guidelines, policies and procedures with respect to its service personnel so as to avoid exposing its customers such as the Wrights to the risk of CO poisoning; G) leaving left the Home with the Furnace operating in a dangerous and defective condition. -10 - , 72. As a direct and proximate result of Defendant's negligence, careless and reckless behavior as set forth above, Chevez Wright died and Amy and Brian Wright suffered and continue to suffer, harm, including but not limited to physical pain, mental anguish, emotional distress and discomfort. 73. UGI's action and/or lack of action was outrageous, in bad faith, and with reckless indifference to the rights and duty owed to the Plaintiff. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit and delay damages allowed by law. COUNT II - MISREPRESENTATION 74. Paragraphs 1 - 73 are incorporated herein by reference. 75. The Defendant at all times represented impliedly ,md expressly that it was an expert in the area of maintaining and servicing gas appliances including the Furnace. 76. On December 16, 2003, the Defendant both through its actions and statements represented to the Plaintiffs that the Furnace was properly serviced and was safely operating with no risk of harm to the Wrights. 77. The Defendants knew or reasonably should have known the tme condition of the Furnace at the time it serviced the Furnace. 78. The Plaintiffs reasonably relied upon the Defendants representations and in doing so, allowed the Furnace to continue to operate while they occupil~d the Home. 79. As a direct and proximate result of Defendant's misrepresentations and Plaintiffs' reliance thereon, the true condition of the Furnace was unknown and the Plaintiffs experienced CO poisoning resulting in the death ofChevez Wright and other damages as set forth herein. - 11 - 80. Defendant's misrepresentations were made either negligently, intentionally and/or with reckless indifference of the tnlth and said behavior was extreme and outrageous and warrants the award of punitive damages. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. COUNT III _ NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS 81. Paragraphs 1 - 80 are incorporated herein by refen:nce. 82. At the time of Defendant's negligent conduct as set forth above, Amy and Brian Wright were in the Home with their daughter, Chevez. 83. UGI's failure to properly maintain, inspect and service the Furnace at the Home and its failure to warn Brian, Amy or Chevez Wright of its dangerous and defective condition resulted in the death of Chevez Wright as well as bodily hann to Plaintiffs Amy Wright and Brian Wright. 84. Amy Wright and Brian Wright had to listen to the screams of their daughter, not knowing what was wrong. 85. Brian Wright was transported to the hospital in the middle of the night due to chest pains which caused him to scream and cry out in pain, and then he had to undergo a series of medical tests to determine the cause of his symptoms. 86. Amy Wright found her daughter lying unconscious in her bed, with her eyes half- closed and red, having wet the bed. 87. While suffering the effects of exposure to high levels of CO herself, Amy Wright had to contact EMS to take her child to the hospital. - 12- . 88. Amy Wright had to ride to the hospital with her child, who was soon thereafter pronounced dead as a result of CO poisoning. 89. Simultaneous to learning that her child had died, Amy Wright had to be transported to another medical facility for treattnent in a hyperbaric chambe:r and to receive oxygen. 90. Brian and Amy Wright have suffered the death oftl1eir child. 91. The Plaintiffs observed both the conduct of the Defendant and the resulting physical and emotional injury to their daughter, Chevez. 92. The Plaintiffs were themselves in the zone of dange:r created by the Defendant. 93. As a direct and proximate result of witnessing the injury to their child, Brian and Amy Wright suffered sever emotional distress. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of 25,000.00, together with interest, cost of suit and delay damages allowed by law. COUNT IV - SURVIVAL ACTION 94. Paragraphs 1 through 93 are incorporated herein by reference. 95. James Brian Wright and Amy Wright bring this action on behalf of Chevez Wright's Estate pursuant to 20 Pa. C.S.A. 93373 and 42 Pa. C.S.A. 98302, for damages by the Estate of Chevez A. Wright as a result of Chevez Wright's death as well as pain and suffering suffered by the Decedent prior to her death. 96. Chevez Wright died as a direct and proximate rl~sult of the negligence, carelessness and recklessness of Defendant, as set forth above. 97. As a direct and proximate result of the negligence, carelessness and recklessness of UGI, Chevez Wright suffered physical pain, mental anguish, emotional distress, discomfort, loss of earnings, loss of future earnings, social security and other benefits, including loss of life's - 13- . pleasures. James Brian Wright and Amy Wright, as Administrators of the Estate of Chevez A. Wright make a claim therefore together with all other damages recoverable pursuant to Pennsylvania law. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. COUNT V: WRONGFUL DEATH 98. Paragraphs 1 - 97 are incorporated herein by reference. 99. James Brian Wright and Amy Wright bring this action pursuant to 42 Pa. C.S.A. ~8301 and Pa. R.C.P. No. 2202(a) as personal representatives ofChevez A. Wright to recover for the wrongful death of Chevez Wright. 100. At no time did the decedent bring an action to recover damages for personal injuries and no other action has been commenced to recovery damages for the death of Chevez Wright. 101. James Brian Wright and Amy Wright, bring this action on behalf of themselves and all other persons entitled to recover damages under the Wrongful Death Statute and as Administrators of the Estate of Chevez Wright. 102. As a direct and proximate result of the Defendant's negligence, carelessness and recklessness as set forth herein, the Plaintiffs have suffered and the Defendants are liable for the following damages: ( a) Funeral expenses for the decedent; (b) Medical expenses related to the medical treatment provided to the decedent; (c) Expenses of administration related to the decedent's injuries; - 14- . (d) Plaintiff's loss of contributions for support, care and services which would have been provided to her family and <e) Such other damages as are permissible in a wrongful death action. WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. COUNT VI: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 103. Paragraphs 1 - 102 are incorporated herein by reference. 104. One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm. 105. UGI's conduct and/or that of its employees or agents in recklessly failing to properly maintain, service, or inspect the Furnace and in recklessly failing to warn the Wrights of its dangerous and defective condition constitutes extreme and outrageous conduct. 106. UGI's conduct has caused and continues to cause Plaintiffs Amy and Brian Wright severe emotional distress. 107. UGI acted outrageously, in bad faith, and with reckless indifference the rights of Plaintiffs. - 15 - c . WHEREFORE, the Plaintiffs demand judgment against UGI Utilities, Inc. in an amount which exceeds the jurisdictional amount of arbitration of $25,000.00, together with interest, cost of suit, punitive damages and delay damages allowed by law. Respectfully submitted, RHOADS & SINON LLP ~~ One South Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233..5731 - Attorneys for Plaintiff - 16- VERIFlCATION Amy Wright, Individually and as Administrator of the Estate of Chevez A. Wright, deposes and says, subject to the penalties of 18 Pa c.s. 94904 relating to unsworn falsification to authorities, that she makes this verification by its authority and that the facts set forth in the Complaint are true and correct to the best of her knowledge, information and belief. .;;-/1..7/0 L( ~ 'kf]; ~-"d:- Amy Wri t, Indi~Vid ly and as Administrator of the Estate of Cheyez A. Wright Date , ? ., CERTIFICATE OF SERVICE I hereby certify that on this 1st day of July, 2004, a true Imd correct copy of the foregoing Plaintiffs Complaint was served by means of United States mail, first class, postage prepaid, upon the following: Joseph A. HoIko, Esquire Thomas Thomas & Hafer LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 ~~ Teresa PauIhamus ... ATTORNEYS AT LAW THOMAS, THOMAS & HAFER LLP www.tthlaw.com 3400 Bath Pike, Suite 302, Bethlehem, P A 18017 Phone: (610) 868-1675 Fax: (610) 868-1702 Joseph A. Halko (610) 332-7005 jholko@tthlaw.com January 6, 2004 VIA FACSIMILE 717-231-6637 AND REGULAR MAIL Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 RE: 1302 Carlisle Road Dear Dean: This letter is a follow up to the telephone conversation Jim Thomas and I had with you last Monday afternoon. At that time, you informed us that you have been retained by James and Amy Wright to represent their interests concerning the incident which led to their daughter's death on December 17, 2003. As we discussed, we know this is a difficult time for your clients and we extend our condolences as well as that of our client's to the Wright family. As you know, the gas service has been disconnected to the house and Lower Allen Township has taken steps to prevent the Wrights from moving back into the house. You informed us that you will be in contact with your clients to discuss their intentions concerning moving back into the house and a timetable if they were to do so. We also informed you that UGI is aware of a charitable organization which likely could provide a new furnace to your clients. If they are interested, please let me know and I will see that you or your clients are put in contact with someone who can help them. We also discussed the fact that since there is no heat in the house, steps should be taken to have the water lines drained and winterized before the weather turns colder. We also discussed the fact that the house should be protected. You informed us that you will also discuss this with your clients. In that regard, you agreed that there is a mutual interest in preserving the condition of the home so as not to create a spoliation issue in the event that this matter should proceed further Harrisburg Office: 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108 . Phone: (717) 237-7100. Fax: I THOMAS, THOMAS & HAFER LLP Page 2 between our clients or any other parties who may be interested in examining and testing the home and any of the gas appliances. Accordingly, nothin!j should be moved or removed from the house or changed, altered or destroyed before any interested parties have had an opportunity to conduct a full and complete investigation of the circumstances surrounding the incident. UGI would also like to have an opportunity to fully investigate and conduct certain tests within the home before anything is changed. As we discussed, this will have to be coordinated to provide enough lead time for any and all parties to be present who may have an interest in the appliances, home construction and HV AC system. Therefore, I would ask that you discuss this with your clients to determine when the first opportunity may present itself for us to coordinate this task. Additionally, I have started to prepare a set of questions that we would like your clients to answer concerning the history of the home and their activities in the home on December 16th and 17th. Although we would like the opportunity to interview your clients as part of our investigation, we understand the sensitive nature of the situation and agree that it would be more appropriate to provide the questions to you to secure those answers from your clients at a time when you deem appropriate. It is my opinion that it would be better to have the information concerning the history of the house and the activities over that two day span sooner rather than later since their memories may fade or change as time goes on. We also discussed the fact that the authorities have conduded their investigation of the circumstances surrounding the incident, that independent HV AC experts were involved in that investigation and that UGI assisted with the authorities in trying to determine just how the incident occurred. Various photographs were taken of the home and the appliances. This should memorialize our conversation and the matters that we discussed on Monday. If there is anything that I have left out which you believe is pertinent at this time, please do not hesitate to call me in Bethlehem or Jim Thomas in Harrisburg. Should you have any questions with regard to the above, please do not hesitate to call me or Jim Thomas. Very truly yours, THOMAS, THOMAS & HAFER, LLP CC~rP'lf Joseph A. Holko, Esq. JAH/wjh cc: James K. Thomas, II, Esq. Ul.1VfS/U4 THU 17:31 FAX 717 231 6637+ RHOADS SINON LLF 141002 ROBERT H, LONG. JR, I SHEMU. T. MOVER JAM p, PADEN RICHARD B. WOOD LAWIU!NC! B. AIAAMS WI J. BRUCE WALTER. JOHN p, MANBECK FRANK J. LEBER PAUL A, LUNDEEN :A;~J ',~~':(j~~' DAYlO F, O'LEARY DAVID 0, TWADOEU. CHARLES J. FERRV ST ANlE't A. SMITH ll!HS H, DAMGMR[)l ~~~~g'A~~~~'t.~ DEAN H, DU$lNeeRRl DONNA M,J. CLARK CHARLeS e. GUTSHALL PAUL F. WESSELL SHAWN D. LOCHENGER JAM!S H. CAWleY 1 ALSO AOMrrnD TO THill DISTlUCT OF COW"'IA BAR 1 ALlO ADMITTED TO THl! fLORlOA BAR 3 ALSO AOMtnlD TO Tl111l MAllTlAIlD BAll 4 AlSO AOMITTED TO nl! NfW Jl!IlSr.Y llAR '5 AlSO ADMITTED TO TKE KIW YORll. llAR Ii 1IATl0llAL 'OARD Of TRlAL ADVOCACY aRTI'Ir.O DEAN F, PJERMATTEI KENNETH. l. JOEll DEBRA M. t<RlETE TODD J, SHILL THOMAS'. NEHILLA ROBERT]. ~8ECK TIMOTHY J. NIEMA.N LORI J, MtELROY KEVIN M. GOLD CARL 0, LUNDBLAD JAMES e, EWSON RICHARD e, ARUl.L ~~~~E =KI!~H~~s;.~E MJCHAEL W. WJNFIELD STEPHANIE E, DIVmCR! AAlKEEN 0, 8RU~ XHlM.<XJU!S =~~l :eooPER ZJr-tERMAN MVIOK.I<RJ.FT RHOAlJSa..SINO:NLJ[.P. ATTORNEYS AT LAW TWELFTH FLOOR ONE SOUTH MARKeT SQUARE P.O. BOX 1146 HARRISBURG, PA 17108-1146 OF COUNSEL HENRV W, RHOADS RmRED JOHN C, DOWLING PAUL H, RHOADS 1907-19804 FRANK A, SJNON 1910-2003 JOHN M. MUSSELMAN 1919-1980 CL YlE R. HEND!RSHOT 1922-1980 TELEPHONE (717) 233-5731 FAX: (717) 231-6637 EMAIL: dplermatlel@rhoads-s1non.com WEBSITE: www.rhoads-sinon.com DIR!CT DIAL NO, (717) 233-5731 January 8, 2004 FILE NO~ 8779/0 I Re; 1302 Carlisle RQad! VIA FACSIMILE (610) 868-1702 and REGULAR MAIL Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 Dear Joseph; I am in receipt of your letter dated January 6, 2004. I am writing as a follow-up to our conversation and to clarify several points we discussed. At this time, my clients do not intend to immediately move back into the home. If they are in need of a new furnace, I will advise you of the same. Additionally, steps are being taken to drain the water lines so as to prevent any damage thereto. With respect to the spoliation of the evidence, I have expressed to you in the past we have no interest in removing or destroying material evidence. To that end, I did not say my clients would not remove anything from the home. They certain have a right to remove items that are not at issue with the gas furnace. They have in the past, under police supervision and on other occasions, removed clothing and will continue to do so sincl: they are not living in the home at this time. These items have no bearing on the degree to which the furnace is malfunctioning. You have my assurance that the furnace and its condition will be preserved so as to allow future testing when the appropriate time arrives. With respect to any questions, I will review your quc:stions and consider asking those to my clients however, their emotion and well being is fIrst and foremost at this point in time. Finally, I am interested in obtaining pre-complaint discovery in this matter. To that end, I am aware that UGI was at the residence on a number of occasions and did an investigation of the situation of the furnace. Would you please advise me whether you will voluntarily send me a copy of this report? Also, will you accept service of a Writ of Summons in this matter? 500718.1 TELEPHON! (717) 1043-1711. "AX (117) 232-1459 YORK: ...'PILlATED OPflCI!:: LANCASTER: sr!. 203, 1700 5, PtlUIIl HWY. BOCA RATON, IFL 33432 TELEPHONl! (51)1) 39S-55U, fAX (561) )'H--9497 TELEPHONe (717) 391-"431, fAX (111) 23I-J4st 01/08/04 THU 17:31 FAX 717 231 6637+ . , RHOADS SINON LLP l4J 003 RHOADS&:);SINON Llr..p January 8, 2004 Page 2 I look forward to hearing from you on these matters and if you have any additional questions, feel free to call me. Very tm1y yours, RHOADS & SINON LLP ~:--,'~' ~-;7,', ---., ,.".~.. .~ /'" By: .//:..,.~". _/" "Bean":f. PI ,-' DFP/tlp cc: James K. Thomas, n, Esquire . ~ID~ Designation: E 860 - 97 Stand~rd Prac;tlce for ". . . . . Ex~mlnlngAnd"Te~logltems Tl1atAre Or May Become .... Involved In 'lIti"gationt .'. . .... ........ .'. .' ..: "Ibis.~ ~ isJmcd ~ ~ ~.de$lgDlIIiOll '11860; ~ ~ ~l)' follo"9rma:..tbc ~atioo indicaJ.c$ thtl year 01' origl."'~ ai. in Iho..... o(~ tho)~."'''Wt ..;vuloo. ^.....mer jllpu."dJo,... - the .- .rIM' ~p.;ivaLA ~\~(~)~modl"""",.~.u.<o.tbc,!Bot~om""proyaL . . ..' '.:.: ". . ',.. . ~ 1. seope 1.1 This practice sets forth guidelines for the ....mimmon " ~d testing of actual itemS or systmns (hereinafter tenned ; pvidence) th811WlY bave been involved in a specific incident i .khat is or is teaSOII8bly expected to be the .,roject of litigali9n. '. j[bi.. practice is intended to bCOOme applicable when it is :.\letcrmined that ex~ation or testing of evidence is requhed. ;:, 1.2 For additional standards prwnulgated by ASTM Com- ';'iidttee E-30 on Forensic ScienceS see Practice E 620, E 678, :~d E 1020. :~ :.. 1.3 ~ sttWl<M'd Joe$ not pwpOrf to adIJros$ all of tM /ffdJ concern.. if /lII)I, U$$ociated with its ...... It is the t. f"$J1miSibility of tM "".r of this $tonddni to establish appftJ- ~; l!rUUe stifetY aM health practic.$ and det.mli". the applica- ',_/!'!ity of regullllOry limiUUion,.. prior w use. <:2. Ref......nced Doeuments ;: 2.1 Am! Standards: '." E 620 Practice for Repottinll Opinions of Technical &-- .' 2 . perts ~ E 678 (>nIc:lice for Evaluation of Technical Data' .' E 1020 Practice for Reporting IncidentS' l. B 1188 Practice for the Collection and Preservalion of Information and Physical Items by a Teehnical Invesliga- tor2 ;3. Signi1it.ance llJ).d Use ~ 3.1 This praclicc sets forth the guidelines tor the examina- \ion and testing of evidence that is, or ""'y become involved in ibligation. It OIltlines procedures 10 be followed to document nature, state. or condition of evidence. It also dcscn'bes pecilie actions the! are required if pJanned testing. examina- disasselllbly. or other action is likely to alter the natore. .. . "1!Ua pRCIlci ;.'._ tho j1uiJcIktioI1 of COolmitloO _ - Scia1= '. ill 1Ilo _ ...,....i1>1il7 .r Suboonolli_Il3O.OSOn F....... ~s '.Pm.... cdilio. ......... I... 10, 1991. \'DbIlIlI<d M_ 1m. OrlginaUy .. as B~2.1Mlpmi"", _ B~2(I!l9I). ::' Ann..z B.... of ASI'/ol ~. '\\>114.1l2. ". '. '1 O,A.S11d. 100 B;Jtt tiliIftI.or Dd'fe. west cen&hahocken. PA 1~9. United S\8t85. >. state, or condition of the evidence so as to preclnde or adversely \inlit ,wditional examination and testing. 4. procedure 4.1 The petlll)ll, firm. or co.-pomtion condllcting examitIa- lions or tests of the evidence n;lUst docwnent the natlIlC, state, and condition 01' the ooviMoce by descriptive, pbotl>-llt"Pbic, or other ""irable .~ods prior to any test exawina-lioo, disas- sembly. or aIter..non.lt should attempt to deleImine cbaoge(s). allx:rlldon(s) or c:ontami.nalion of the evidence subsequent to the incident. and report its fIniIings. 4.2 If propooed tests. eXaminations. or other actions arc 1ilcely to aJtet die nat\ne, state. or eoodition of the evida1ce 80 as to preclude l>r lirtlit additional examination and teSdng. the petlloo, firm, 01' corporo.lion planning 10 perfonn the plOpOsed action shall: 4.2.1 Notify its client lha11be proposed "lion is likely to alter the naturJ.. state. or condition of the evideoCC SO as to proelude or limit additional examination or testiag of the evidence. 4.2.2 R=l111end that its client notify other interesled parties of the lllOPOsed aclion deocribcd in 4.2, and 4.~3 RecoI1_d 10 its e1icot that other intele8ted parties be gtVen the opportunity to participate in the proccdI1tCS described in 4.1 or to wi1neSS and record any such actions. 4.3 If corDI",1ling reasons exist for the performing actionS without notifying other pmos. then the pexson. fu:m or co.-pomtion plBnning the actions must draft and poeset'Ve documentation suppolling the conq>eJ1ing reasons for ""ch action. 4.4 Upon tile c0l11P1ction of the sedons, each component not returned to service must be preserved in a tI\8llllCC which protects and llwntaios its identity and integrity.. 5. DoclUl1en1:aUoD 5.1 MethOl:Js used and results obtained in tesls. examina- tions, disassembly, 'or other actions cond..cted in compliance with thls P"'">tice, sbllll be documented IIDd Preserved. 365 '. ---------.,..... 41l/1l E 860 1 rn.Am._S~forTestlitg_M.__""_'""P<Jd/IIq1lUl '&IOmy~""yp-rtgI1I>I-",COIInootIcn wfthanyiNm _in fhio_trLlJMnoflh/o__....-IyotM_lhat_tiMOIIh. voIkIIIyofany..... psrom tlghM, and... f/sk~ 1nId_ of _ rlQht.. In onI/1o/y ...It""" _-.,.. . ., , , ~ ,...\ . '.. ,.' . ThI#_iooub/oct"_alany6meby"'_'-_""""'_iitOf_b.~...ot'.4"""Y-o:_ 1l1>O/~_--orll'itllltlllwn.Y.....~-InvIted_IOIypVI.I~srimdan1WIor~1/I!IIItIanIs -_bo.~ . 'tiJA$Ti,/~~ Yot,,-~"'wIII~""''''~.t''~dthif~ tochniooI """IIIlittoo. ""*" Y<N_'_ "_ f4oItJo,yo(r_ lis.. ne' ~,..'1aIr '-Ihg You Shriukl11il/<. YOU! - -"'...AST.If Ccmmiti.e on Stalldaroo, .,'" _ --. bellow. '. . . Th1s~j,~I~bY~ 1()O&fr~om-.;~s;..Cloc:~Cdi.s-*i.lii~ ~~ !ndJv(dUslIV/fffnIi (~ Or mtJItIpM "'#w) 0Iu.;. _1l1'iMy.. ci6ls1ned by~ M1M i1flllO 1l1<iwi' 'iId!Jni.O'O( It 611l-l1!J2.e585 (ptImo). 6'~9555 (I'ox). or ~ih"trl:"'9 (HritiD): 'or1ltit>aq.\ Jhio'ASnt........ iWwM<.....,;,yj. " " () ", 0 = c = -" ~- :;r.-'" :::l 'T' i'"::~ '_~.J C',"-, rTl f~lf!;} .: ," :g8 (I) I -- N j I) < -.-{c~ '.. ;.t; ~!J J; -0 ~.." ::K '~n <. ::"')111 ;;: ~.- ~t:- ,:,,:, -~.. "'r"", ~ a :-:-;~ -< c.n - THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I, Joseph A. Holko, do hereby certify that a Notice ofIntent to Serve a Subpoena to Produce Documents and Things (with proposed subpoenas attached) was served on all parties of record by first class mail, addressed as follows: Dean F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Street P.O. Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER,LLP Date: f - d - tJ f THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Rules of Civil Procedure, 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 proposed subpoenas. Ifno objection is made within said period, the subpoenas may and will be served. THOMAS. THOMAS & HAFER, LLP Date: f - d -tJ if o ~;; <<;".. -r-1t' .' rt", ~ , (,>,l. ~:l~ ......' = co' J,,- ~ ~U I _1 :~~:~~c: ~ ~ ~T' 9n .-1 J:-n i"n?' -(1 fTi :by 0(:) ~-Tl 1.-" t:~ (~-' f5\'"11 :;.: -',- J:.- o -..J '.J. THOMAS, THOMAS &: HAFER, LLP By: Joseph A. Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 332-7005 Attorneys for Defendant: UCI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE 1, Patricia Mitchell, an employee of the firm of Thomas, Thomas and Hafer, do hereby certify that on this day I served a true and correct copy of Interrogatories and Request for Production of Documents by first class mail, postage prepaid, addressed to the following: Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square PO Box 1146 Harrisburg, PA 17108-1605 Dated: 9- /{J ~V By: Thomas, Thomas & Hafer, LLP /~ ( {l 'c - P,Uk" Mit<MU Dean F. Piermattei, Esquire Attorney J.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney J.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg. P A 17108-1146 (717) 233-5731 Attorneys for Plaintiffs JAMES BRIAN WRIGHT & AMY WRIGHT, INDIVIDUALLY & AS ADMINISTRATORS OF THE ESTATE OF CHEVEZ A. WRIGHT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-1183 UGI UTILITIES, INC., Defendant PLAINTIFFS' ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS NOW COME Plaintiffs James Brian Wright and Amy Wright, Individually and as Administrators of the Estate ofChevez A. Wright (the "Wrights") by and through their attorneys, Rhoads & Sinon LLP, and file the following Answer to the Preliminary Objections filed on behalf of Defendant UGI Utilities, Inc. CUGI"): I. Admitted. By way of further answer, the Complaint is a writing which speaks for itself. 2. Admitted. 3. Admitted. 4. Admitted. 533765.1 5. Admitted. By way of further answer, the Wrights contacted UGI to request UGI to send someone to service the furnace. (Complaint '1[15). 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. The allegations of Paragraph 10 are conclusions of law to which no response is required. To the extent a response is required, the same are denied. By way of further response, the Wrights have properly requested punitive damages based on the claims for misrepresentation and intentional infliction of emotional distress, as the Complaint states that UGI's conduct in misrepresenting the operation of the furnace, failing to properly maintain, service or inspect the furnace, and in failing to warn the Wrights of the dangerous and defective condition of the furnace, was extreme and outrageous conduct. (Complaint '1['1[80, 105). The Complaint also alleges that Defendan1 acted intentionally or, in the alternative, with reckless indifference to the facts at issue. Id. Under Pennsylvania law, then, these allegations are sufficient to establish prima facie claims for relief, including claims for punitive damages. Field v. Philadelphia Elec. Co., 388 Pa. Super. 400,427,565 A.2d 1170, 1183 (1989). Through this pleading, the Wrights withdraw the request for punitive damages in its claim for Wrongful Death, Count V. 11. Denied. The allegations of Paragraph 11 are conclusions of law to which no response is required. To the extent a response is required, the same are denied. By way of further response, the Wright Complaint properly contains allegations of intentional, reckless, outrageous and bad faith conduct where, as here, the Wrights contend that, in making false representations and improperly inspec1ing, servicing and maintaining the furnace, UGI acted recklessly as UGI knew, or had reason to know, of "the high degree of physical harm" to the Wrights. SHV Coal v. Continental Grain Co., 526 Pa. 489, 494, 587 A.2d 702, 704 (1991). Defendant's preliminary objection are, therefore, without merit and the Wrights allegations of intentional, reckless, outrageous and bad faith conduct should n:main. 12. Denied. The allegations of Paragraph 12 are conclusions of law to which no response is required. To the extent a response is required, the same are denied. By way of further response, as set forth fully in the Wrights' Brief, the Complaint contains facts sufficient to support its claim for misrepresentation as required by Pennsylvania law. Specifically where, as here, the Complaint alleges a representation, made falsely -.. with knowledge of its falsity or reckless disregard to its truth or falsity, with the intent of misleading, justifiable reliance on the misrepresentation and resulting harm, the Complaint states m claim for misrepresentation as required by Pennsylvania law rendering UGI's preliminary obj,sction improper. Gibbs v. Ernst, 538 Pa. 193,207,647 A.2d 882,889 (1994) (citation omitted). 13. Denied. The allegations of Paragraph 13 are conclusions of law to which no response is required. To the extent a response is required, the same are denied. By way of further response, the Wrights allege Defendants acted in an extreme and outrageous manner and recklessly in failing to properly maintain, service or inspect the IlUrnace and in failing to warn the Wrights of its dangerous and defective condi1ion. (Complaint 'lf105). The Complaint also expressly alleges that, as a result of this conduct, the Wrights suffered severe emotional distress. (Complaint 'If 1 06). Accordingly, the Wrights have sufficiently set forth the requirements for a cause of action based on intentional infliction of emotional distress and the preliminary objection should be overruled. Field, 388 Pa. Super. at 427,565 A.2d at 1183. 14. Neither admitted nor denied. Through this pleading, the Wrights withdraw the claim for loss of filial consortium set forth in Count V of the Complaint. The Wrights expressly reserve the right to recover any and all damages authorized by the Act including, without limitation, damages in the form of funeral and medical expenses and projected earnings by Chevez Wright. (Complaint -,r102); 42 Pa.C.S.A g830I; Schorr v. Borough of Lemovne, 265 F. Supp. 2d 488, 496-97 (M.D. Pa. 2003). WHEREFORE, it is respectfully requested that this Court dismiss Defendant's Preliminary Objections and direct Defendant to file an Answer to the Wrights' Complaint wi1hin 20 days of the date ofthis Court's Order. Respectfully Submitted, RHOADS & SINON LLP By: S; b 1 (, ('.f-h, '-"'- Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on this ~ day of September, the foregoing Plaintiffs' Answer to Defendanl's Preliminary Objections was served by means of electronic mail, facsimile and United States mail, first class, postage prepaid, and personally s,erved by means of hand delivery, upon the following: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 Cl~~ ('") ..." C} (~ ( ':;-:: -n (/i :;-1 r~:-.\ (~~~ .,-, "U -J --.'/ -,' t") =~ c ~. , Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney J.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1 ]46 (717) 233-5731 Attorneys for Plaintiffs JAMES BRIAN WRIGHT & AMY WRIGHT, INDIVIDUALLY & AS ADMINISTRATORS OF THE ESTATE OF CHEVEZ A. WRIGHT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-1183 UGI UTILITIES, INC., Defendant RESPONSE TO DEFENDANT'S MOTION FOR COURT ORDER TO PRESERVE EVIDENCE NOW COME Plaintiffs James Brian Wright and Amy Wright, Individually and as Administrators of the Estate ofChevez A. Wright (the "Wrights") by and through their attorneys, Rhoads & Sinon LLP, and file the following Response to the Motion for Court Order to Preserve Evidence filed on behalf of Defendant UGI Utilities, Inc. ("UGI"): I. Admitted. By way of further answer, the Complaint is a writing which speaks for itself. 2. Admitted. 3. Admitted. 533787.1 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. It is specifically denied that, as a result of the Lower Allen Township Fire Department's investigation or otherwise, the Wright home at 1302 Carlisle Road, Camp Hill, Pennsylvania (the "Home"), was condemned. By way of :further answer, the Wrights were prohibited from operating the gas furnace in the Home as a result of the investigation and potential danger posed by the improperly operating furnace. That is, the Wrights are unable to operate the furnace in the Home until the furnace is repaired and, to ensure safety, the Wrights were instructed not to return to the home until this condition is fixed. Further, Defendant indicated it wished to inspect and test the furnace and other conditions in the Home prior to any repair of the Home. As a result, the Wrights have been unable to perform repairs or inhabit the Home. The Wrights have been unable to inhabit the Home, moreover, despite the fact that they have a continuing financial obligation for the Home. 8. Admitted in part, denied in part. It is admitted the Wrights vacated the Home. It is specifically denied that the Wrights do not have an interest in returning to reside in the Home. By way of further answer, the Wrights seek to have the necessary repairs to the furnace made as soon as possible so that they may return to the Home and re:side in the Home. Due to the condition of the furnace, however, the Wrights have been prevented from returning to the Home by local authorities. Because of the request for inspection and testing, the Wrights have been precluded from making necessary repairs and returning to the Home. - 2- 9. Denied as stated. The Wrights do not object to inspection and testing of the furnace and the Home by UGI as part of this litigation. It is specifically denied, however, that the Wrights are obligated to maintain or preserve the condition of the home and its contents indefinitely. By way of further answer, provided Defendant provides notice to Plaintiffs' counsel, Plaintiff will arrange for inspection and testing of the Home. Plaintiffs specifically request that this Court Order that said inspection and testing be performed within 30 days of the date of this Order so that the Plaintiffs are able to perform repairs and return to the Home. Plaintiffs also specifically request that a representative be present, in the Home, during Defendant's inspection, photographing and testing. 10. Neither admitted nor denied. The correspondence is a writing which speaks for itself. I I. Neither admitted nor denied. The correspondence is a writing which speaks for itself. 12. Neither admitted nor denied. The correspondence is a writing which speaks for itself. 13. Admitted. 14. Denied as stated. It is admitted that the January 8, 2004 correspondence does not indicate items in the house would not be changed. It is specifically denied that the Home must be left as it existed on December 16, 2003 at the time of the accident. By way of further answer, consistent with Defendant's request, there have been no changes to the ventilation system in the Home, the furnace or the appliances. Further, none of the appliances have been operated since - 3- December, 2003. The Wrights, however, removed items from the Home which were required for their daily life including, without limitation, clothing and personal items. 15. Denied as stated. It is admitted that Defendant seeks to inspect, photograph and test the residence in the condition. It is specifically denied that Plaintiffs have refused to permit such inspection, photographing or testing. By way of further answer, pursuant to Defendant's request, the Wrights have not made repairs to the furnace necessary to enable them to re-inhabit the home as directed by Defendant's January, 2004 correspondence. The inability to perform the repairs has caused hardship insofar as the Wrights have been unable to return to the Home. As a result, the Wrights request that this Court direct Defendant's counsel to arrange for inspection, testing and photographing of the Home and appliances therein with Plaintiffs' counsel and that said inspection, testing and photographing be completed within 30 days ofthe date of the Court's Order to enable the Wrights to proceed with repairs which must be made so that the Wrights may return to the Home. 16. Denied. It is specifically denied that the Wrights' Home has been condemned. It is also specifically denied that the Wrights should not be permitlied to alter the Home. By way of further answer, the Wrights request that this Court direct Defendant's counsel to arrange for inspection, testing and photographing of the Home and appliances therein with Plaintiffs' counsel and that said inspection, testing and photographing be completed within 30 days of the date of the Court's Order to enable the Wrights to proceed with repairs which must be made so that the Wrights may return to the Home. WHEREFORE, it is respectfully requested that this Court and direct Defendant to arrange for inspection, testing and photographing of the Wright Home with the Wrights' -4- counsel and that said inspection, testing and photographing of the Wright Home be performed within 30 days of the date of this Order after which the Wrights are authorized to make repairs and changes necessary to operate the furnace and other gas appliances in the Home in order that the Wrights be permitted to return to reside in the Home. In addition, the Wrights respectfully request that their representative be authorized to attend during Defendants' inspection and testing. Respectfully Submitted, RHOADS & SINON LLP By: (17 1.:71 ~ (.{-h'-<-. Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-573 I Attorneys fi)r Plaintiffs .. 5 .. CERTIFICATE OF SERVICI~ I hereby certify that on this \ ~r-\n day of September, the foregoing Plaintiffs' Response to Motion for Court Order to Preserve Evidence was served by means of electronic mail, facsimile and United States mail, first class, postage prepaid, and personally served by means of hand delivery, upon the following: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem,PA 18017 ~~~~ G ...., c~) c.:cJ "'"" U: '-0 -J -,} _.". f'-> (n i"';' Dean F. Piermattei, Esquire Attorney J.D. No. 53847 Stephanie E. DiVittore Attorney J.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1 ]46 Harrisburg, P A 17108-1146 (717) 233-5731 Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL ACTION - LAW No. 04-1183 Plaintiffs v. UGI UTILITIES, INC. JURY TRIAL DEMANDED Defendant OBJECTIONS TO SUBPOENAS DIRECTED TO HOLY SPIRIT HOSPITAL. HARRISBURG HOSPITAL AND EVELYN FREDERICK HEALTH CENTER PURSUANT TO RULE 4009,21 Plaintiffs, James Brian Wright and Amy Wright, individually and as Administrators of the Estate of Chevez A. Wright object to the proposed subpoenas that are attached to these objections for the following reasons: 1. The records requested from Holy Spirit Hospital regarding James B. Wright and Amy Wright are overbroad in that they have no date restriction and seek information regarding matters other than treatment provided as a result ofthe incident complained of and are not relevant to the subject matter ofthis action. 534216.] 2. The records requested from Harrisburg Hospital regarding James B. Wright, Amy Wright and Chevez Wright are overbroad in that they have no date restriction and seek information regarding matters other than treatment provided as a result of the incident complained of and are not relevant to the subject matter ofthis action. 3. The records requested from the Evelyn Frederick Health Center regarding Amy Wright are overbroad in that they have no date restriction and seek information regarding matters other than treatment provided as a result of the incident complained of and are not relevant to the subject matter ofthis action. Attorneys for Plaintiffs CERTIFICATE OF SERV][CE I hereby certify that on this ~ tS:ay of ~ ~~, 2004, a true and correct copy of the foregoing Objections to Subpoenas Pursuant to Rule 4009.21 was served by means of facsimile and United States mail, first class, postage prepaid, upon the following: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem,PA 18017 Facsimile # (610) 868-1702 ~. ~liLkt~ Teresa L. Paulhamus JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, ':OMMONWEALTH OF PENNSYLV ANi_ COUNTY OF CUMBERLAND CML DMSION .. LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital 503 North 21" Street CampHill,PA 17011 Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you an, ordered by the court to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. You may deliver or mai11egible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance to the patty 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 patty serving this subpoena may seek a court order c:ompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. BY THE COURT: Date: Seal of the Court (Prothonotary) (Deputy) Custodian of Records Holy Spirit Hospital 503 North 21 st Street Camp Hill, PA 17011 Records to be produced: Any and all medical records, reports and documents for your patient, JAMES B. WRIGHT, 8.S. No.: 206-54-0151, from the date you FIRST examined or treated said patient until the date you MOST RECENTLY examined or treated said patient, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x-rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, independent medical examination reports, medical opinion reports, ADL or capacity evaluation reports, certification or determination of disability, medical excuses, medical clearances, billing records and any and all other documentation relative to examination or treatment. JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, '::OMMONWEALTH OF PENNSYLV AN, COUNTY OF CUMBERLAND CML DMSION .. LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital 503 North 21" Street CampHill,PA 17011 Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you ar" ordered by the court to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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 c'ompelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWlNG PERSON: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Ally ID#: 37386 Attorney for Defendant UGI Utilities, Inc. BY THE COURT: Date: (Prothonotary) Seal of the Court (Deputy) Custodian of Records Holy Spirit Hospital 503 North 21 st Street Camp Hill, P A 17011 Records to be produced: Any and all medical records, reports and documents for your patient, AMY WRIGHT, S.S. No.: 211-64-7038, from the date you FIRST examined or treated said patient until the date you MOST RECENTLY examined or treated said patient, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x-rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, independent medical examination reports, medical opinion reports, ADL or capacity evaluation reports, certification or determination of disability, medical excuses, medical clearances, billing records and any and all other documentation relative to examination or treatment. JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, :OMMONWEALTH OF PENNSYLV ANI. COUNTY OF CUMBERLAND CIVIL DIVISION.. LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital II 1 South Front Street Harrisburg, P A 1710 I Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you arc ordered by the coUt! to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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 8ubpoena, within twenty (20) days after its service, the party serving this subpoena may seek a coUt! order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868..1675 Arty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. BY THE COURT: Date: Seal of the CoUt! (Prothonotary) (Deputy) Custodian of Records Harrisburg Hospital 111 South Front Street Harrisburg,PA 17101 Records to be produced: Any and all medical records, reports and documents for your patient, JAMES B. WRIGHT, S.S. No.: 206-54-0151, from the date you FIRST examined or treated said patient until the date you MOST RECENTLY examined or treated said patient, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x -rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, independent medical examination reports, medical opinion reports, ADL or capacity evaluation reports, certification or determination of disability, medical excuses, medical clearances, billing records and any and all other documentation relative to examination or treatment. JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, ':':OMMONWEALTH OF PENNSYLV AN,... COUNTY OF CUMBERLAND CML DIVISION.. LAW Plaintiffs, vs. NO. 0<1..1183 UGI UTILffiES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital 111 South Front Street Harrisburg, PA 17101 Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you ar,: ordered by the court to produce the folJowing documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. You may deliver or maillegible 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 compelJing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF TIlE FOLLOWING PERSON: Joseph A. HoIko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. BY THE COURT: Date: (Prothonotary) Seal of the Court (Deputy) Custodian of Records Harrisburg Hospital 111 South Front Street Harrisburg, P A 1710 1 Records to be produced: Any and all medical records, reports and documents for your patient, AMY WRIGHT, 8.S. No.: 211-64-7038, from the date you FIRST examined or treated said patient until the date you MOST RECENTLY examined or treated said patient, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test resullts, lab results, actual x -rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, independent medical examination reports, medical opinion reports, ADL or capacity evaluation reports, certification or determination of disability, medical excuses, medical clearances, billing records and any and all other documentation relative to examination or treatment. ":OMMONWEALTH OF PENNSYL 11 ANI,. COUNTY OF CUMBERLAND JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CML DMSION - LAW Plaintiffs, NO. 04...1183 vs. UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIllNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital 111 South Front Street Harrisburg, PAl 710 I Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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 wmpelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Joseph A. HoIko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. BY THE COURT: Date: (Prothonotary) Seal of the Court (Deputy) Custodian of Records Harrisburg Hospital 111 South Front Street Harrisburg, PA 17101 Records to be produced: Any and all medical records, reports and documents for dec:eased minor patient, CHAVEZ WRIGHT, D/O/D 12/17/03, from the date you FIRST examined or treated said patient until the date of death, including but not limited to, initial patient information sheet, history and physical, medical prescription history (induding copies of actual prescriptions), test results, lab results, actual x-rays and oth~r radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, medical excuses, medical clearances, billing records, death certificates and any and all other documentation relative to ,~xamination or treatment. JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CIVIL DMSION .. LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Evelyn Frederick Health Center 1000 Evelyn Drive Halifax, PA 17032 Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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 malting 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: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. BY THE COURT: Date: Seal of the Court (Prothonotary) (Deputy) Custodian of Records Evelyn Frederick Health Center 1000 Evelyn Drive Halifax, P A 17032 Records to be produced: Any and all medical records, reports and documents for your patient, AMY WRIGHT, S.S. No.: 211-64-7038, from the date you FIRST examined or treated said patient until the date you MOST RECENTLY examined or treated said patient, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x -rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, independent medical examination reports, medical opinion reports, ADL or capacity evaluation reports, certification or determination of disability, medical excuses, medical clearances, billing records and any and all other documentation relative to examination or treatment. C-:J ~''-) ::~:2 -;f) .-, -~ r"l ;~J (/) 0." [() '--,:' ,> ., , !,! JAMES B. WRIGHT and AMY WRIGHT, IndividuallY and as Administrators of the Estate of CHEVEZ A. WRIGHT,: PlaintiffS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. UGI UTILITIES, INC., Defendant NO. 04-1183 CIVIL TERM IN RE: DEFENDANT'S MOTION FOE COURT ORDER TO PRESERVE PHYSICAL EVIDENCE AND NOW, this 22nd day of september, 2004, it is hereby ordered that Defendant's motion is granted. Plaintiffs ORDER OF COURT are required to maintain the home in its current condition until the Defendant has had the opportunity to conduct necessary testing of the furnace and other areas of the home. This order shall be in effect until November 1, 2004, or until Defendant has completed the testing, whichever is sooner. The Defendant shall have the opportunity to extend the effective date of this order for additional 30-day periods by tendering to Plaintiffs, within 15 days of the expiration date of the order, or any extension, a sum sufficient to cover their first mortgage payment (including required escrow amounts) on the premises. By the C t, 2 E. Guido, J. Dean F. Piermattei, Esquire For the Plaintiffs Joseph A. Holko, Esquire For the Defendants .~ /}'I~ IlJ..P'I Lf.- srs J.J.N,~~y,~;7!:~~~~~d.'n . .. >",.'" ,,., '-~ "~f. 'V If; :6 11'1 ~c dJS MOl A.i:l'iJ..O;VQt-f1.0iid 3!-IJ. -1.0 30!:J..-{O-Q'nf..-I ~" JAMES B. WRIGHT and AMY WRIGHT, Individually and as Administrators of the Estate of CHEVEZ A. WRIGHT,: Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. UGI UTILITIES, INC., Defendant NO. 04-1183 CIVIL TERM IN RE: DEFENDANT'S PRELIMINAHY OBJECTIONS ORDER OF COURT agreement of the parties, the claim for loss of filial consortium AND NOW, this 22nd day of September, 2004, by and punitive damages under the Wrongful Death Act are withdrawn by plaintiff. In all other respects, the Defendant's preliminary objections are DENIED. The Defendant is given 60 days from today's date to join Additional Defendants under pennsylvania Rule of Civil procedure 2253 without requesting leave of court. By the Court, Edward E. Guido, J. Dean F. Piermattei, Esquire For the Plaintiffs Joseph A. Holko, Esquire For the Defendants ~ (~.dJ- q..2..'1.0V q-. srs ~ ~ - "" ~ ~ ~ +- :>- r> ~ z=.. .,. T -- .... ~ , ... r :r; I' ~ 4::. 8 .:..c ~ THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Charles E. Snyder, Chief of PolicefLower Allen Township, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP Date: September 23, 2004 By: J . o=tf Att ney for Defel1ldant - . THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF G-IA VBZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, vs.. NO. 0,1-1183 UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWEL VB PERSONS NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE: 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Ruiles of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: f - J -&1( JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLANI) CIVIL DMSION - LAW Plaintiffs, vs. NO. 04,1183 UGI UTILITIES, INC Defendant JURYT~LDEMANDEDBY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RUJLE 4009.22 TO: Charles E. Snyder, JI., Chief of Police Lower Allen Township 1993 Hummel Avenue CampHill,PA 17011 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 maintained by the Lower Allen Police DeDartment relatin!! to an incident (Inc. # LAL 20031200705) which occurred on or about December 17. 2003 at the residence of Amy and James B. Wri!!ht. 1302 Carlisle Road. CamD Hill. P A indud!n!!. but not limited to. reDorts of ail tests Derformed and !nyesti!!atiye actions taken at: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. Yon 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 songht. 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: / Joseph A. HoIko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Atty 10#: 37386 Attorney for Defendant um Utilities, Inc. Date:~ t 1. d.o~ 1 Seal of the Court THOMAS, THOMAS & HAFER, LLP By: Joseph Halko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I, Joseph A. Holko, do hereby certify that on this 23rd day of September, 2004, a true and correct copy of a Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, with a copy of the Notice of Intent and proposed subpoena, was served on the following individual(s) by first class mail, postage prepaid, addressed as follows: Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, UP ,...., COO ~:~.,;) .,;- (/) en -0 r-J -' o (~: ~, .1.'11:)) r'\11',' .-..;> -~', ~:~r ; c/} ~" ~:U J:.""~: ;z.. ~ , -0 ::J' 9n ::C -11 rl1r::: :9,t!? ~~ ~1_"'.1 <;:'.1') /~~ r{,\ ~~ .po '1::1 :..;:, y..' - s;- THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 400~'.22 As a prerequisite to service of a subpoena for documents and things, to West Shore School District, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP Date: September 23, 2004 By: .. THOMAS, THOMAS &; HAFER, UP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS NOTICE OF INTENT TO SERVE SUBI'OENAS TO PRODUCE DOCUMENTS AND THlllfGS FOR DISCOVERY PURSUANT TO RULI~ 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Rules of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: f - ;} -tll( JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CIVIL DMSION .. LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: West Shore School District 507 Fishing Creek Road P.O. Box 803 New Cumberland, P A 17070-0803 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all records maintained bv tbe West Shore School District re ardin Chevez Wri ht whom rior to death resided with her .,rents. Amv and James B. Wri..ht. 1302 Carlisle Road. Camp Hill. P A: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, BetWehem, PA 18017. 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. TIllS SUBPOENA WAS ISSUED AT TIIE REQUEST OF THE FOLLOWING PERSON: Joseph A. HoIko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PAl 80 17 (610) 868-1675 Atty ID#: 37386 Attomey for Defendant UGI Utilities, Inc. Date~. 7.JoOf Seal of the Court ,. THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I, Joseph A. Holko, do hereby certify that on this 23rd day of September, 2004, a true and correct copy of a Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, with a copy of the Notice of Intent and proposed subpoena, was served on the following individual(s) by first class mail, postage prepaid, addressed as follows: Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, LLP ~ (:~:::> ..:- c.I) ,11 -c~ N -' f2 -o15j re,'.' _.;> _c. ~;,.... 1'.':-..- t~:r ' ~~.:~ -;t, .~ -, -<) ::t: o --., :;J 61~ -o\~r1 'PI (~U --,,31 \,:~(") -~,-rn '~3 '.V' ;t w .. - &' THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Leggett Plumbing Electrical Heat A C, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP Date: September 23, 2004 By: {!(f" A. HOl A mey for De~\dant THOMAS, THOMAS &: HAFER LLP By: Joseph Holko, Esquire Attorney Identification No, 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. Defendant JURY lRIAL DEMANDED BY JURY OF TWELVE PERSONS NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE: 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with PelIDSylvania Rules of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: f ~ J -&1( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CML DMSION .. LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RUI,E 4009.22 TO: Leggett Plumbing Electrical Heat A C 1989 Hununel Avenue Camp Hill, PA 17011 Attn: Ernie Leggett Within twenty (20) days after service of this subpoena, you are ordered by the cout! to produce the following documents or things: Anvand all records maintained bv U,'!!!!ett Plnmbin!! Electircal Heat A C relatinl! to an incident which occnrred on or about December U.. 2003 AND December 17.2003 at the residence of Amv and James B. Wri!!ht. 1302 Carlisle Road. Camp Hill. P A includinl!. but not limited to, reports of all tests performed and investi!!ative actions taken at: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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 cout! order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PAl 80 17 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. Seal of the Cout! BY~ (Pr onotary) l-. Date:~(J0 THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I, Joseph A. Holko, do hereby certify that on this 23rd day of September, 2004, a true and correct copy of a Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, with a copy of the Notice of Intent and proposed subpoena, was served on the following individual(s) by first class mail, postage prepaid, addressed as follows: Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, UP o c ~~ -C;\" r,..'\r\' -;>' ..", '!:~; ; ,/:1_, ~,:~_. ~,\;:,'~ -.r =:1 -< ...., g .so- U' i"'"l -;:J N -l -0 > <'f? ~ '::t..,., rn .o- r; :g'O db ~~ -r :1.0.0.0,{ ~t~ C). ..~'~ '\'> ~ &" THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Lower Allen Township Fire Department, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, UP Date: September 23, 2004 By: THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Rules of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: f ~ ;) -t? l( JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND CML DMSION .. LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lower Allen Township Fire Depattment 1993 Hunnnel Avenue Camp HilL PA 17011 Attn: Records Within twenty (20) days after service of this subpoena, you arc ordered by the court to produce the following documents or things: Anv and all records maintained bv the Lower Allen Fire Department relatinl! to an incident which occurred on or about December 16. 2003 AND December 17.2003 at the residence of Amv and James B. Wril!ht. 1302 Carlisle Road. Camp Hill. P A includinl!. but not limited to, reports and investiutive actions taken at: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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. TIllS SUBPOENA wAs ISSUED AT TIlE REQUEST OF THE FOLLOWING PERSON: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Arty ID#: 37386 Attomey for Defendant UGI Utilities, Inc. Date~ 7. JiJof Seal of the Court THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. Defendant CERTIFICATE OF SERVICE JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS I, Joseph A. Holko, do hereby certify that on this 23rd day of September, 2004, a true and correct copy of a Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, with a copy of the Notice of Intent and proposed subpoena, was served on the following individual(s) by first class mail, postage prepaid, addressed as follows: Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, LLP o ~ ~... ""t)\..Ti C~) f.:' ~:,... ..1<, ::;.r-', U~.." ~t) l: 1'- i ~f~~ ~ , ~ = .r- U' ,.,., -u N -' q. ::e..,-, nl-- :1\ r,:-, ':)6 ,..~-,., _1_ --n ....'J-::"" '70 15'1'1 ..-4 "t> ~1J -, -0 :y:; 'il .j.- THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Lower Allen Township EMS, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP Date: September 23, 2004 THOMAS, THOMAS & HAFER,. LLP By: Joseph HoIko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem,. P A 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMPS BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST ATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTIUTIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS NOTICE OF INTENT TO SERVE SUB]~OENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RUL]~ 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Rules of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: f - d -tJ tf JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CML DIVISION.. LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Lower Allen Township EMS 1993 Hummel Avenue Camp Hill, PA 17011 Attn: Pamela TkaclRecords Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all records maintained bv tbe Lower Allen Townshio EMS relatio2 to an incident which occurred on or about December 17. 2003 at the residence of Amv and James B. Wri2ht.1302 Carlisle Road. Camo Hill. PA incIudinl!. but not limited to. all reoorts and records in vour DossessioD concerninl! Chavez Wril!ht to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGl Utilities, Inc. Date: 00/1 7. doo f Seal of the Court BYl!r COUR~: N'\ .JA.(} (Pr onotary) THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. Defendant CERTIFICATE OF SERVICE JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS I, Joseph A. Holko, do hereby certify that on this 23rd day of September, 2004, a true and correct copy of a Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, with a copy of the Notice of Intent and proposed subpoena, was served on the following individual(s) by first class mail, postage prepaid, addressed as follows: Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, LLP o ~; <- s;.~:,j-', L;! ~ t:::) .;- u> 1'1 ....., ~ r... . "'" -,... ~;:.,~-) PC: ~ ~ -,::) :;1l: ':'? ~ ::?--n rn~ :B'Q <:)b o.~ of, ~1_1" qB ..::':;-1'0 (:::!\ -T'~ '-:0 -:...c - ~- ,. THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Cumberland County Coroner, pursuant to Pennsylvania RuIe of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP Date: September 23, 2004 By: THOMAS, THOMAS & HAFER, UP By: Joseph HoIko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the PST A TE OF CHAVEZ A. WRIGHT, CIVIL DMSION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIPS, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Rules of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: f ~ :J -& I( COMMONWEALTII OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION.. LAW Plaintiffs, NO. 04-1183 vs. UGl UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Cumberland County Coroner 6375 Basehore Road, Suite 1 Mechanicsburg, P A 17055 Attn: Records Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and aII re<ords maintained bv the Cumberland County Coroner's office relatinl! to the death of Chevez A. Wril!ht Dlom which occurred on or about Dccember 17. 2003 at the residence of Amv and James B. Wril!ht. 1302 Carlisle Road. Camn Hill. P A includinl!. but not limited to. all renorts and records conccrninl! the autonsv of the deceased at: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Snite302, Bethlehem, PA 18017. 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: Joseph A. HoIko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. Date~d{ Seal of the Court THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I, Joseph A. Holko, do hereby certify that on this 23rd, day of September, 2004, a true and correct copy of a Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, with a copy of the Notice of Intent and proposed subpoena, was served on the following individual(s) by first class mail, postage prepaid, addressed as follows: Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, LLP By: o ~; '"\} f(:-. !T', rr 5;:? Ul]; -<' < , r~: < :;~.I-'" .~~! 2.: :< ...., '"'' = .s:- (/) rn ~-o N .....J .." :;:J,: '" o -11 :;1 .. - ~;] n'- :t;~ ~;~ () :..~::n (2('5 (~5rr\ ~.,,\ ")c- :~ ..,- , THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Cumberland County Emergency Preparedness & 911, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, UP Date: September 23, 2004 By: Lcrt Y for Defendant -~ THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY'L VANIA JAMES BRIAN WRIGHT, AMY WRIGIIT, individually and as Administrators of the ESTATE OF CHA VBZ A. WRIGIIT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWEL VB PERSONS NOTICE OF INTENT TO SERVE SUBF'OENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Rules of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: f - J -tJ If JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CIVIL DMSION .. LAW Plaintiffs, NO. 04-1183 vs. UGl UTILITIES, INC Defendant WRYT~ALDEMA.NDEDBY WRY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TillNGS FOR DISCOVERY PURSUANT TO RUJLE 4009.22 TO: Cumberland County Emergency Preparedness & 9 I 1 1101 Claremont Road Carlisle, PA 17013 Attn: Doug Moyer/Records Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Anv and all records maintained bv the Cumberland County Emer!!encv PreDaredness & 911 Telatin!! to an incident which occuned on or about December 17, 2003 at the residence of Amv and James B. Wril!ht. 1302 Carlisle Road. CalDD Hill. P A incIudinl!, but not limited to. reDorts of all tests Derformed and investil!ative actions taken at: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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 docwnents 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: Joseph A. HoIko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PAl 80 17 (610) 868-1675 Atty 10#: 37386 Attorney for Defendant UGI Utilities, Inc. Dat~J-7..d.6ot/ Seal of the Court THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I, Joseph A. Holko, do hereby certify that on this 23rd day of September, 2004, a true and correct copy of a Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, with a copy of the Notice of Intent and proposed subpoena, was served on the following individual(s) by first class mail, postage prepaid, addressed as follows: Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, UP (") ~~ -:0:..,. -0\.',-' :1;:\;.\ ~Q." ~;~ -~f'; -7 :J ...., = = ;- (./) fT\ -0 N -J -co :::s:: '1? Q. ~:n ~~ :.0 o ;~:u (:>~ 5r :;:j ~n :< .. THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Lower Allen Township EMS, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP Date: September 23, 2004 By: THOMAS, THOMAS & HAFER, LLP By: Joseph HoIko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 BethIehe~ P A 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 0'4-1183 vs. UGI UTILmES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULI8: 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Rules of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: f - :J ~tJ If JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGill, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CML DIVISION.. LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RUJLE 4009.22 TO: Lower Allen Township EMS 1993 Hummel Avenue CampHill,PA 17011 Attn: Pamela Tkac/Records Within twenty (20) days after service of this subpoena, you are ordered by the cout! to produce the following documents or things: Anv and all records maintained bv the Lower Allen TownshiD EMS relatin" to seDarate incidents which occurred on or about December 16. 2003 AND December 17. 2003 at the residence of Amv and James B. Wri"ht. 1302 Carlisle Road. CaUID HilL P A incIndin". but not limited to. aU reoorts and records in vonr Dossession concernin" James B. Wri"ht to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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 cout! order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Ally ID#: 37386 Attorney for Defendant UGI Utilities, Inc. Date~+ 7, J.C!!f Seal of the Court THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGl Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. Defendant CERTIFICATE OF SERVICE JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS I, Joseph A. Holko, do hereby certify that on this 23rd day of September, 2004, a true and correct copy of a Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, with a copy of the Notice of Intent and proposed subpoena, was served on the following individual(s) by first class mail, postage prepaid, addressed as follows: Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, LLP , ~,'Li,:.., :r:c' ,0:: c) Y'C ." :2 --0 ":;)i:. <:? On 1,. :n '~"fD t~~ .oJ: _\\ <;:;r; /.~::,rn S v- _ :E. ~ c;..:l .::- o c.-- ~ C0\\:, c/l r'"\ --0 f'l -l ~ THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST A TE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant AMENDED CERTIFICATE OF SERVICE I, Joseph A. Holko, do hereby certify that a Notice ofIntent to Serve a Subpoena to Produce Documents and Things (with proposed subpoenas attached) was served on all parties of record by first class mail, addressed as follows: Stephanie E. DiVittore, Esquire Dean F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Street P.O. Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER,LLP Date: September 28, 2004 By: THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST A TE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Rules of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: 9 - d) ?... (J c; 1Lrf' . olk Attor ey for t e dant JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OVIL DMSION .. LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital 111 South Front Street Harrisburg, PA 17101 Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. You may deliver or mail legible copies of the docnments or prodnce 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 pn:paring 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. TIDS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Joseph A. HoIko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. Date~6t Seal of the Court BYrL:jI~ (P. othonotary) Custodian of Records Harrisburg Hospital 111 South Front Street Harrisburg, PA 17101 Records to be produced: Any and all medical records, reports and documents for deceased minor patient, CHEVEZ WRIGHT, D/OID 12/17/03, and number 800-45-5941, for any treatment during the time frame of December 16,2003 through Dece:mber 31, 2003, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x-rays and other radiographic studies, referrals, progress reports, 1reatment notes, admission and discharge reports, operative reports, peer review reports, medical excuses, medical clearances, billing records, death certificates and any and all other documentation relative to examination or treatment. JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CML DMSION .. LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital 11 I South Front Street Harrisburg, PA 17101 Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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 malting this request at the address listed above. You have the right to seek in advance the reasonable cost of pr<:paring 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: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Arty 10#: 37386 Attorney for Defendant UGI Utilities, Inc. Date~ f. ~ Seal of the Court I? ;f~(J Custodian of Records Harrisburg Hospital 111 South Front Street Harrisburg,PA 17101 Records to be produced: Any and all medical records, reports and documents for your patient, AMY WRIGHT, S.S. No.: 211-64-7038, for any treatment during the time frame of December 16,2003 through December 31, 2003, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x-rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, independent medical examination reports, medical opinion reports, ADL or capacity evaluation reports, certification or determination of disability, medical excuses, medical clearances, billing records and any and all other documentation relative to examination or treatment. JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CML DMSION .. LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC Defendant JURy TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital 503 North 21 ,t Street Camp Hill, PA 17011 Altn: Medical Records Department Within twenty (20) days after service of this subpoena, you ar" ordered by the cout! to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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 malting 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 cout! order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. Date:~ opJ 7.J..c0tf Seal of the Cout! Custodian of Records Holy Spirit Hospital 503 North 21 st Street CampHill,PA 17011 Records to be produced: Any and all medical records, reports and documents for your patient, JAMES B. WRIGHT, S.S. No.: 206-54-0121, Date of Birth: 12104/(>>8, for any treatment during the time frame of December 16, 2003 through December 31,2003, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x -rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, independent medical examination reports, medical opinion reports, ADL or capacity evaluation reports, certification or determination of disability, medical excuses, medical clearances, billing records and any and all other documentation relative to examination or treatment. THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST A TE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERV][CE I, Joseph A. Holko, do hereby certify that a Notice ofIntent to Serve a Subpoena to Produce Documents and Things (with proposed subpoenas attached) was served on all parties of record by first class mail, addressed as follows: Stephanie E. DiVittore, Esquire Dean F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Street P.O. Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER,LLP Date: September 27,2004 By:' 1l!d- JOS H A. 0 0 A rney it efenda () (.~ 0--> c~.., = ..,.. (/) rT1 -'u w o o -n or.:!..,., P1p '.01'\1 .". C' -'.' .c 'fl. i~ :~~ .-< " :1: ,.:l (',~) Ul THOMAS, THOMAS & HAFER, UP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST ATE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 The Defendant, UGI UTILITIES, intends to serve subpoenas identical to the ones attached to this Notice. In accordance with Pennsylvania Rules of Civil Procedure, 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 proposed subpoenas. If no objection is made within said period, the subpoenas may and will be served. THOMAS, THOMAS & HAFER, LLP Date: 9 - d 7 .' tJ tj COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the EST ATE OF CHAVEZ A. WRIGHT, CIVIL DMSION - LAW Plaintiffs, NO. 04-1183 vs. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS UGl UTILmES, INC SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital 111 South Front Street Harrisburg, PA 17101 Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Ally 10#: 37386 Attorney for Defendant UGI Utilities, Inc. Date:5:r 1 do. 6 (; f Seal of the Court Custodian of Records Harrisburg Hospital 111 South Front Street Harrisburg, PA 17101 Records to be produced: Any and all medical records, reports and documents for deceased minor patient, CHEVEZ WRIGHT, D/O/D 12/17/03, and number 800-45-5941, for any treatment during the time frame of December 16, 2003 through December 31, 2003, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x -rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, medical excuses, medical clearances, billing records, death certificates and any and all other documentation relative to examination or treatment. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENA TO PRODUCE DOCUMENTS OR TIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Harrisburg Hospital 111 South Front Street Harrisburg, PA t7lO1 Attn: Medical Records Department Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. 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: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Arty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. Date:it I dPf Seal of the Court R ;{~!J Custodian of Records Harrisburg Hospital 111 South Front Street Harrisburg, P A 171 0 1 Records to be produced: Any and all medical records, reports and documents for your patient, AMY WRIGHT, S.S. No.: 211-64-7038, for any treatment during the time frame of December 16, 2003 through December 31, 2003, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x-rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, independent medical examination reports, medical opinion reports, ADL or capacity evaluation reports, certification or determination of disability, medical excuses, medical clearances, billing records and any and all other documentation relative to examination or treatment. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESIATE OF CHAVEZ A. WRIGHT, CIVIL DIVISION.. LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS SUBPOENATOPRODUCEDOCUMENTSORTIDNGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital 503 North 21" Street Camp Hill, PA 17011 Attn: Medicat Records Department Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: See attached Records to be Produced sheet and forward requested records to: Thomas, Thomas & Hafer, LLP, 3400 Bath Pike, Suite 302, Bethlehem, PA 18017. You may deliver or maillegible 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. TIllS SUBPOENA WAS ISSUED AT TIlE REQUEST OF THE FOLLOWING PERSON: Joseph A. Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 (610) 868-1675 Atty ID#: 37386 Attorney for Defendant UGI Utilities, Inc. Date:~1 Seal of the Court Custodian of Records Holy Spirit Hospital 503 North 21 st Street Camp Hill, P A 17011 Records to be produced: Any and all medical records, reports and documents for your patient, JAMES B. WRIGHT, S.S. No.: 206-54-0121, Date of Birth: 12/04/68, for any treatment during the time frame of December 16, 2003 through December 31,2003, including but not limited to, initial patient information sheet, history and physical, medical prescription history (including copies of actual prescriptions), test results, lab results, actual x-rays and other radiographic studies, referrals, progress reports, treatment notes, admission and discharge reports, operative reports, peer review reports, independent medical examination reports, medical opinion reports, ADL or capacity evaluation reports, certification or determination of disability, medical excuses, medical clearances, billing records and any and all other documentation relative to examination or treatment. \:) ['" ",' <<.' ;.::':'-'i.. ,::12:",,> ~{-; J'''',.,"-_ ~;,;; ~ "1::> ~: ~ (~.) ..:;- "" 1::::::;. I:,::;;;; ..J;- <:;) C") -/ I o "(1 .-1 ~r- "D r"llr... -PI"'" ::u<:; ('?(~) . r" Uf', ~\: -11 \~:{2 1,>); II " -:n -< THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC. Defendant CERTIFICATE OF SERVICE JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS I, Joseph A. Holko, do hereby certify that a Notice ofIntent to Serve a Subpoena to Produce Documents and Things (with proposed subpoenas attached) was served on all parties of record by first class mail, addressed as follows: Stephanie E. DiVittore, Esquire Dean F. Piermattei, Esquire Rhoads & Sinon, LLP One South Market Street P.O. Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER,LLP Date: September 27, 2004 By:' -:,";1 ("'C, q:::'" ~...- ." ({);-: CiL. :>; . ~g ~,."... ~_. ~ () C '" = = .r- o C-? -, o ....., .-< :1:-, rn;::~"': -o\:I1 ::0 'T" S":'~LJ -'."" -\", ~~,~;;~ ::::~ ~5 -< -u :-li: N W -=- THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC. Defendant NOTICE TO PLEAD JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS TO: Plaintiffs c/o Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square PO Box 1146 Harrisburg, PA 17108-1605 You are hereby notified to plead to the enclosed Answer and New Matter to Plaintiffs' Complaint within twenty (20) days or a default may be entered against you. THOMAS, THOMAS & HAFER, LLP B Dated: /tf.-/eJ -(}tj THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES BRIAN WRIGHT, AMY WRIGHT, individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, vs. NO. 04-1183 UGI UTILITIES, INC. Defendant JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS DEFENDANT UGI UTlLIITlES, INC:S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant UGI Utilities, Inc. by and through its attorneys, Thomas, Thomas & Hafer, LLP and files the following Answer and New Matter to Plaintiffs' Complaint and in support thereof avers as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 2. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the 316962.1 2 allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 3. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 4. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 5. Admitted that UGI is a Pennsylvania corporation and has a place of business at 1500 Paxton Street, Harrisburg, PA 17104. However, it is denied that the Paxton Street address is UGI's principal place of business. 6. Admitted. 7. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 8. Admitted in part, denied in part. It is admitted that on December 12, 2003, Defendant UGI turned on gas to the water heater and range at 1302 Carlisle Road, Camp Hill Pennsylvania. It is further admitted that on December 16, 2003, Defendant UGI turned on the gas to the furnace at that address. 316962.1 3 Answering Defendant denies the remainder of the allegations contained in this paragraph. 9. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 10. Admitted. By way of further response, Defendant terminated Plaintiffs' gas service beginning on September 17, 2002 through December 12, 2003. 11. Defendant VCI admits that on November 4, 2003, it received a notice that James B. Wright at 1302 Carlisle Road, Camp Hill, Pennsylvania had filed a Chapter 13 bankruptcy and on November 6, 2003, there was a scheduled return of gas service to take place on November 12, 2003. 12. Defendant VCI admits that on November 12, 2003 a VCI utility employee went to 1302 Carlisle Road, Camp Hill, Pennsylvania and could not gain access as no one was home. On November 19, 2003, VCI was contacted and rescheduled to turn on the gas on November 19, 2003. On November 19, 2003, a Defendant VCI utility employee was unable to enter the home due to the presence of garbage and dog feces and the overwhelming smell in the home. On December 12, 2003, Defendant VCI's utility employee returned to 1302 Carlisle Road, Camp Hill, Pennsylvania and turned on the gas to the water heater and range but did not turn on the furnace, as the furnace would not fire. 316962.1 4 13. Admitted in part and denied in part. It is admitted that Defendant UGI's utility employee could not light the furnace and advised that the furnace needed to be serviced by UGI or any other HV AC contractor before it could be operated. The remaining allegations are denied and deemed at issue pursuant to Pa. R.c.P. 1029 (e). 14. Defendant UGI admits that gas service was turned on to the water heater and range at the time that the Defendant UGI's utility employee left 1302 Carlisle Road, Camp Hill, Pennsylvania on December 12, 2003 and that gas service remained off to the furnace at that time. 15. Defendant UGI admits that on or about December 12, 2003, it was contacted to schedule furnace repairs for December 16, 2003 at 1302 Carlisle Road, Camp Hill, Pennsylvania. Otherwise, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 16. Admitted 17. Admitted. 18. Admitted in part and denied in part. Defendant UGI's serviceman informed an occupant of 1302 Carlisle Road, Camp Hill, Pennsylvania that he had cleaned a dirty pilot and burners, checked the operation and that she needed to purchase a new filter. Defendant UGI denies the remainder of the allegations contained in this paragraph pursuant to Pa. R.c.P. 1029 (e). 316962.1 5 19. Admitted in part, denied in part. It is admitted that the UGI serviceman cleaned a dirty pilot and burners and checked the operation of the furnace. It is also admitted that the UGI serviceman told an Occupant of the home that the furnace may need to be replaced but did not provide any specific time frame as to when it should be replaced. By way of further response, the UGI serviceman told the Occupant of the home that she needed to purchase a new filter for the furnace. The remaining allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. R.CP. 1029 (e). 20. Admitted. By way of further response, Defendant's incorporate herein by reference its responses to paragraph 19 above as fully as though the same were set forth herein again at length. 21. Defendant UGI admits that the UGI serviceman requested payment at the time of the service call and the occupant at 1302 Carlisle Road, Camp Hill, Pennsylvania paid for the service call. Otherwise, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 22. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 316962.1 6 23. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 24. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 25. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 26. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 27. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 28. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the 316962.1 7 allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 29. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 30. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 31. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 32. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 33. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 316962.1 8 34. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 35. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 36. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form it belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 37. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 38. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 39. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the 316962.1 9 allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 40. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 41. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 42. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 43. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 44. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 316962.1 10 45. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 46. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 47. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 48. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. R.CP. 1029 (e) and strict proof thereof is demanded at the time of trial. 49. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at 316962.1 11 issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 50. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 51. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 52. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 53. Admitted in part, denied in part. It is admitted that UGI personnel examined the furnace after Chevez Wright's death and prior to December 22, 316962.1 ]2 2003. It is also admitted that the examination revealed no apparent crack in the furnace's heat exchanger and no blockage in the chimney. It is also admitted that the examination did not reveal any apparent indication of a malfunction of the heater. It is denied that UGr concluded that there were no problems. To the contrary, UGr suggested further testing be conducted. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 54. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a bel'ief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 55. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 56. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the 316962.1 13 allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 57. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 58. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 59. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belie[ as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 316962.1 14 60. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 61. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 62. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. 63. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied. By way of further response, the allegations contained in this paragraph are denied and deemed at 316962.1 15 issue pursuant to Pa. RC.P. 1029 (e) and strict proof thereof is demanded at the time of trial. COUNT r - NEGLIGENCE James Brian Wright and Amy Wright, Individually and as Administrators of the Estate of Chevez A. Wri2;ht v. UGI Utilities, Inc. 64. Answering Defendant incorporates the Answers to Paragraphs 1 through 63 of Plaintiffs' Complaint as though set forth fully herein at length. 65. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 66. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 67. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 68. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 69. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 70. Denied. Answering Defendant incorporates herein by reference its responses to paragraphs 19 and 53 above as fully as though same were set forth herein again at length. It is specifically denied that the furnace was operating in a dangerous, defective and problematic fashion or was emitting excessive CO into the home when the UGr serviceman left on December 16, 2003. By way of 316962.1 16 further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RCP. 1029 (e) and strict proof thereof is demanded at the time of trial. 71. Defendant UGr denies that it was negligent, careless or reckless as set forth in paragraph 71 and subparts (a) through 0), of Plaintiffs' Complaint. To the contrary, Defendant acted in a reasonable, prudent and careful manner at all times relevant to the within cause of action. Furthermore, to the extent this paragraph contains conclusions of law, no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure and the allegations contained in this paragraph are judicially considered factual allegations, they are denied and deemed at issue pursuant to Pa. RCP. 1029 (e). Strict proof thereof is demanded at the time of trial. 72. Denied. Defendant UGI denies allegations set forth in paragraph 72 of Plaintiffs' Complaint pursuant to Pa. RCP. 1029 (e). To the extent this paragraph contains conclusions of law, no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 73. Denied. Defendant UGI denies allegations set forth in paragraph 73 of Plaintiffs' Complaint pursuant to Pa. RCP. 1029 (e). To the extent this paragraph contains conclusions of law, no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant UGr Utilities, Inc. demands judgment in its favor and against Plaintiffs. 316962.1 17 COUNT II - MISREPRESENTATION 74. Answering Defendant incorporates the Answers to Paragraphs 1 through 73 of Plaintiffs' Complaint as though set forth fully herein at length. 75. Denied because this paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. To the extent it is judicially determined that a response is required, answering Defendant was generally competent with reasonable proficiency in maintaining and servicing gas appliances, including Plaintiffs' furnace. It is specifically denied that answering Defendant held itself out impliedly or expressly as an "expert" and strict proof thereof is demanded at the time of trial. 76. Denied. Answering Defendant incorporates herein by reference its responses to paragraphs 19, 53 and 70 as fully as though the same were set forth herein again at length. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RCP. 1029 (e) and strict proof thereof is demanded at the time of trIial. 77. Denied. Answering Defendant incorporates herein by reference its responses to paragraphs 19, 53 and 70 as fully as though the same were set forth herein again at length. By way of further response, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RCP. 1029 (e) and strict proof thereof is demanded at the time of trial. 316962.1 18 78. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 79. Denied. Defendant UGI denies the allegations contained in this paragraph. Furthermore, to the extent this paragraph contains conclusions of law, no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 80. Denied. Defendant UGI denies the aIlegations contained in this paragraph. Furthermore, to the extent this paragraph contains conclusions of law, no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant UGI Utilities, Inc. demands judgment in its favor and against Plaintiffs. COUNT III - NEGLIGENT INFLICTION OF EMOTION DISTRESS 81. Answering Defendant incorporates the Answers to Paragraphs 1 through 80 of Plaintiffs' Complaint as though set forth fully herein at length. 82. Denied. Defendant UGI denies the allegation of negligence set forth in paragraph 82 of Plaintiffs' Complaint. Furthermore, to the extent that this paragraph contains conclusions of law, no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. Insofar as this paragraph alleges that Plaintiffs and decedent were at home at the time asserted after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained 316962.1 19 in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 83. Denied. Defendant UGI denies the allegations contained in paragraph 83 of Plaintiffs' Complaint. Insofar as this paragraph contains conclusions of law, no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure and if judicially determined to be factual allegations, are denied and deemed at issue pursuant to Pa. RCP. 1029 (e) and strict proof thereof is demanded at the time of trial. 84. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 85. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 86. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 87. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a bel'ief as to the truth of the 316962.1 20 allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 88. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which aire denied, and strict proof thereof is demanded at the time of trial. 89. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 90. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 91. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 92. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that an answer is deemed necessary, the allegations contained in this 316962.1 21 paragraph are denied and deemed at issue pursuant to Pa. RCP. 1029 (e) and strict proof thereof is demanded at the time of trial. 93. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that an answer is deemed necessary, the allegations contained in this paragraph are denied and deemed at issue pursuant to Pa. RCP. 1029 (e) and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant UGI Utilities, Inc. demands judgment in its favor and against Plaintiffs. COUNT IV - SURVIV At ACTION 94. Answering Defendants incorporate their Answers to Paragraphs 1 through 93 of Plaintiffs' Complaint as though set forth fully herein at length. 95. The allegations in this paragraph are conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. Furthermore, this paragraph speaks for itself and no answer is required. 96. Denied. Defendant UGI denies that it was negligent, careless or reckless as alleged. Furthermore, insofar as this paragraph contains conclusions of law, no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 97. Denied. Defendant UGI denies that it was negligent, careless or reckless as alleged. Furthermore, insofar as this paragraph contains conclusions 316962.1 22 of law, no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. Furthermore, insofar as Plaintiffs allege harm after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant UGI Utilities, Inc. demands judgment in its favor and against Plaintiffs. COUNT V - WRONGFUL DEATH 98. Answering Defendants incorporate their Answers to Paragraphs 1 through 97 of Plaintiffs' Complaint as though set forth fully herein at length. 99. The allegations in this paragraph are conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. Furthermore, this paragraph speaks for itself and no answer is required. 100. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. 101. The allegations in this paragraph are conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil 316962.1 23 Procedure. Furthermore, this paragraph speaks for itself and no answer is required. 102. Defendant UGI denies that it was negligent, careless or reckless as set forth in Plaintiffs' Complaint. [Plaintiffs' claims for punitive damages in this Count are stricken by Court Order dated September 22,2004]. Insofar as Plaintiff alleges that they suffered damages in subparagraphs (a) through (e), after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in this paragraph, which are denied, and strict proof thereof is demanded at the time of trial. [Subparagraph d of paragraph 102 was stricken by Order of Court dated September 22,2004]. WHEREFORE, Defendant UGI Utilities, Inc. demands judgment in its favor and against Plaintiffs. COUNT VI - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 103. Answering Defendant incorporates the Answers to Paragraphs 1 through 102 of Plaintiffs' Complaint as though set forth fully herein at length. 104. Denied. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. 105. Denied. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that an answer is required, Defendant UGI denies the 316962.1 24 allegations contained herein, which are deemed denied and at issue pursuant to Pa. RCP. 1029 (e) and strict proof thereof is demanded at the time of trial. 106. Denied. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that an answer is required, Defendant UGI denies the allegations contained herein, which are deemed denied and at issue pursuant to Pa. RCP. 1029 (e) and strict proof thereof is demanded at the time of trial. 107. Denied. This paragraph contains conclusions of law to which no answer is deemed necessary pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that an answer is required, Defendant UGI denies the allegations contained herein, which are deemed denied and at issue pursuant to Pa. RCP. 1029 (e) and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant UGI Utilities, Inc. demands judgment in its favor and against Plaintiffs. NEW MATTER 108. Plaintiffs have failed to state a claim upon which relief may be granted for negligent infliction of emotional distress which should be dismissed. 109. Plaintiffs have failed to set forth a claim upon which relief may be granted for intentional infliction of emotional distress which should be dismissed. 316962.1 25 110. Plaintiffs' injuries and damages, as alleged, were caused or contributed to by parties other than answering Defendant and over whom answering Defendant had no control. 111. Plaintiffs' injuries and damages alleged in their Complaint, were caused in whole or in part by conditions beyond the control of answering Defendant. 112. Plaintiffs' claims may be barred in whole or in part by their failure to mitigate any damages alleged in their Complaint. WHEREFORE, Defendant UGI Utilities, Inc. demands judgment in its favor and against PIaintiffs. Respectfully submitted, THOMAS, THOMAS & HAFER 316962.1 26 VERIFICATION I, Timothy Pramik, Representative of UGI Utilities, Inc. in this action, have read the foregoing ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT and hereby affirm that they is true and correct to the best of my personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.CS. 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.CS. 4904. /Zv~1J Timothy Pramik Safety and Health Administrator Dated: I () /It /0,/ 316962.1 THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: ...., C~,") {::~) 4;- UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (.,) ~~ c.) .' ., .r-- _,1 JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST ATE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I hereby verify that I served a true and correct copy of the foregoing DEFENDANT UGI UTILITIES ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT on the party listed brelow via facsimile and First Class Mail, postage prepaid, on this, the 12th day of October, 2004. DeanF. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, UP 285036.4 ~ ,.......;l <:::"::> c;"::; ~c- <-.j .~ <;~) C' _J THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHA VBZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, vs. NO. 04-1]'83 UGI UTILITIES, INC JURY TRIAL DEMANDED BY JURY OF TWEL VB PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Holy Spirit Hospital, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, LLP Date: October 15, 2004 By: ....,') '_0 C" THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC. JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Harrisburg Hospital, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, UP Date: October 15, 2004 ('., " ,.1 l.J:) t,f) THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-1183 vs. UGI UTILITIES, INC JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE OF SERVICE I, Joseph A. Holko, do hereby certify that on this 15tl1l day of October, 2004, a true and correct copy of a Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22, with a copy of the Notice of Intent and proposed subpoena, was served on the following individual(s) by first class mail, postage prepaid, addressed as follows: Stephanie E. DiVittore, Esquire Dean F. Piermattei, Esq. Rhoads & Sinon, LLP One S. Market Square Po Box 1146 Harrisburg, PA 17108-1605 THOMAS, THOMAS & HAFER, UP \'(', ~~ I..D " Dean F. Piermattei, Esquire Attorney J.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney J.D. No. 85906 RHOADS & SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 17108,1146 (717) 233,573 I Attorneys for Plaintiffs JAMES BRIAN WRIGHT & AMY WRIGHT, INDIVIDUALLY & AS ADMINISTRATORS OF THE ESTATE OF CHEVEZ A. WRIGHT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs CIVIL ACTION - LAW v. NO. 04-1183 UGI UTILITIES, INC., Defendant PLAINTIFF'S REPLY TO UGI UTILITIES, INC'.'S NEW MATTER NOW COME Plaintiffs James Brian Wright and Amy Wright, Individually and as Administrators of the Estate ofChevez A. Wright, by and through their counsel, Rhoads & Sinon LLP and file the following Reply to New Matter filed on behalf of Defendant UGI Utilities, Inc., incorporating Paragraphs 1 through 107 of Plaintiffs' Complaint, and stating as follows: 537287.1 REPLY TO NEW MATTER 108. The allegation contained in Paragraph 108 constitutes a conclusion of law and, therefore, no response is required. To the extent the allegation is deemed not to be a conclusion of law, it is specifically denied and strict proof thereof is demanded at the time of trial. 109. The allegation contained in Paragraph 109 constitutes a conclusion of law and, therefore, no response is required. To the extent the allegation is deemed not to be a conclusion oflaw, it is specifically denied and strict proofthereof is demanded at the time oftrial. 110. The allegations contained in Defendant's New Matter Paragraph 110 constitute conclusions of law and, therefore, no response is required. To the extent any allegation is deemed not to be a conclusion of law, it is specifically denied and strict proof thereof is demanded at the time of trial. 111. The allegations contained in Paragraph 111 constitute conclusions of law and, therefore, no response is required. To the extent any allegation is deemed not to be a conclusion oflaw, it is specifically denied and strict proof thereof is demanded at the time oftrial. 112. The allegations contained in Paragraph 112 constitute conclusions of law and, therefore, no response is required. To the extent any allegation is deemed not to be a conclusion oflaw, it is specifically denied and strict proof thereof is demanded at the time oftrial. WHEREFORE, Plaintiffs James Brian Wright and Amy Wright, individually and as Administrators of the Estate of Chevez A. Wright, respectfully request that this Court enter judgment in their favor and against Defendant UGI Utilities, Inc. and further request that this 2 Court award Plaintiffs their costs, including attorneys' fees and such other relief as allowed by law. Respectfully Submitted, RHOADS & SINON LLP By: <'--;;/7::n v I '..fh"k- Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esquire One South Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Attomeys for Plaintiffs 3 CERTIFICATE OF SERVICE I hereby certify that on thi~"y,. day of De{). , 2004, a true and correct copy of the foregoing Plaintiffs' Reply to Defendant's New Matter was served by means of United States Mail, postage prepaid, upon the following: Joseph Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 ~~~ ,..., C~::'I ? G c"') ..-l ~., '--' -n q :-;:l.." rilp -orn :D9 (,:J\O - ~''f'l .,--\1 : -, ,,') ':~n :,~-~ "1"'" "J:.) ~,< r;,;> C') Ui THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: VCI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04..1183 vs. UGI UTILITIES, INC JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Associated Cardiologists, P.c., pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to he served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS ~< HAFER, LLP Date; January 24, 2005 By: ), .. -q rrt C':.t ::;~ \9 .r:- ~,r'\ THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04,.1183 vs. UGI UTILITIES, INC JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREOUlSITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Community General Osteopathic Hospital, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS &; HAFER, UP Date: January 24, 2005 By: \~;~~, ~,f\ ~-, rr. r.:::r~l .. , :::;') ,_:-:,~ ..J,:: .r.- (1"'" - THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04..1183 vs. UGI UTILITIES, INC JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Kline Family Practice, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed Ito the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS 8< HAFER, LLP Date: January 24, 2005 By: C) ~. ...,., I".' r'"?'1 1:::;J I (,J "1\ ,--;9 s:" C" - THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGl Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04-.1183 vs. UGI UTILITIES, INC JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Kline Family Practice, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS & HAFER, UP Date: January 24, 2005 By: C'j -Yt ..,~ ~',""l "1 \,'"1 f:'l c.,T;' t :" ~ , ~?' ...p -.:~ .r C'., THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHEVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04..1183 vs. UGI UTILITIES, INC JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to John F. Gory!, EsquirejPA Housing Finance Agency, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies that: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached. was mailed 1:0 the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS 8< HAFER, LLP Date: January 24, 2005 By: 'l~ -;.L , ( ) ~ i ~ ->'1 rn ,::.:0- . ,u.l ., j.'i ~ ~.n .r' u..... - THOMAS, THOMAS & HAFER, LLP By: Joseph Holko, Esquire Attorney Identification No. 37386 3400 Bath Pike, Suite 302 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant: UGI Utilities, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES B. WRIGHT and AMY WRIGHT,: Administrators of the EST A TE OF CHAVEZ A. WRIGHT, CIVIL DIVISION - LAW Plaintiffs, NO. 04..1183 vs. UGI UTILITIES, INC JURY TRIAL DEMANDED BY JURY OF TWELVE PERSONS Defendant CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things, to Heritage Cardiology Associates, pursuant to Pennsylvania Rule of Civil Procedure No. 4009.22, Defendant hereby certifies tha 1:: 1. A Notice of Intent to Serve a Subpoena To Produce Documents and Things For Discovery, with a copy of the proposed subpoena attached, was mailed to the Plaintiff's attorney at least twenty (20) days prior to the date on which the proposed subpoena was to be served; 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate; 3. The Plaintiff has not objected to service of the proposed subpoena within the requisite 20-day notice period; 4. The proposed subpoena is identical to the subpoena attached to the Notice of Intent. THOMAS, THOMAS &, HAFER, UP Date: January 24, 2005 By: ::,-) -< r",^ c ' "fl .... c' l-;:;, I :.::1 [-;-~ \.:~) c-' ...-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RECEIVED NOV 07 1005ff JAMES BRIAN WRIGHT, AMY WRIGHT: individually and as Administrators of the ESTATE OF CHEVEZ A. WRIGHT, CIVIL ACTION - LAW No. 04-1183 Plaintiffs JUDGE GUIDO v. UGI UTILITIES, INe. JURY TRIAL DEMANDED Defendant AND NOW, this 1A ORDER day of tJ~ , 2005, after review of the Petition To Approve Settlement, along with accompanying attachments, the settlement is hereby APPROVED as noted in the Petition. By agreement ofthe parties, the Prothonotary is directed to place the Petition and all accompanying exhibits in a sealed envelope with this order affixed thereto J. \"~, ~\ \. -{=~ \, 1 '" v" ~ vt D ,\11\ \ 1\. 8- t.ON ~UDZ f:r. :B ," , .J , ", ,,'r~ 3~-li j() . "F ,r!-"L.)r";"'.";-"I:~11U At1'I""':.'.-r"\"~_ln_\_. r ':.,_1",'".' ---~. ..-- ---- -. - - Dean F. Piermattei, Esquire Attorney ID. No. 53847 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania 171 08, 1146 (717) 233-5731 Attorneys for Plaintiffs JAMES BRIAN WRIGHT & AMY WRIGHT, INDIVlDUALL Y & AS ADMINISTRATORS OF THE ESTATE OF CHEVEZ A. WRIGHT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CNIL ACTION - LAW v. NO. 04-1183 UGI UTILITIES, INC., Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Kindly discontinue the above-captioned matter, with prejudice. RI-IOADS & SINON LLP B~~ Dean F. Piennattei, Esquire One South Market Square P.O. Box 1146 Harrisburg, Pa. 17108-1146 (717) 233-5731 .'> Date: January 26,2006 - CERTIFICATE OF SERVICE X(V1 I hereby certify that on this _ day of January, 2006, a true and correct copy of the foregoing was served by means of United States Mail, postage prepaid, upon the following: Joseph Holko, Esquire Thomas, Thomas & Hafer, LLP 3400 Bath Pike, Suite 302 Bethlehem, P A 18017 c/~~~u'- ~~k--L~LJ:'lc> Teresa Messersmith o s ~;F (f;> ~;. ..:.. -0{ '"'::',' r-, U) "'" => ~ c" '- "'" ;;Z N ....., ~ '.... fIi:n ..,.,Fn :00 >::~/! 1,7: :t: ;;.!i-') ::}tn ;.;! .]3 '< "' -..~ ........ ry