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Home My WebLink About01-6588 CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2001-G53f{ CIVIL TERM v. UNITED RENTALS, INC., IDGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, United Rentals, Inc., High Construction, Inc. and Boss Manufacturing, and enter my appearance on behalf of the plaintiffs, Clair L. Lybrand and Nancy R. Lyrand. Please direct the Sheriff to serve the defendants as follows: United Rentals Inc. 4 Interchange Place York, PA 17402 High Construction, Inc. 1853 William Ten Way Lancaster, PA 17605 BOSS Manufacturing C/O United Rentals Inc. 4 Interchange Place York, PA 17402 Respectfully submitted, By: Date: November 21,2001 To: UNITED RENTALS, INC., IDGH CONSTRUCTION, INC. and BOSS MANUFACTURING You are hereby notified that Clair L. Lybrand and N aney R. Lybrand, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be tered against you. y Date: I / -cJ J - .2001 By, C1n~J CA5,~~~~ DEPUTY . {if ~ ~ %- ~ ~ - - ~ ClJ C> 0 S ..4:: ~ - ~ 0- ~ (;) ~ cJ. ~ J (") c: ;s::: -0 o;l mrn Z:D ZC: (fj .8; ~.c..~ ~CJ 2?:ZO -0 5>c: ~ C> 6 ..0:::;: N (',) ""T1 -0 ::J; r:::- ., -n p en 'f\~), ~,-'-) :"Q ....0 an1 -l 'J:' ::.q -<. (-.) CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants 2001- &683CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, United Rentals, Inc., High Construction, Inc. and Boss Manufacturing, and enter my appearance on behalf of the plaintiffs, Clair L. Lybrand and Nancy R. Lyrand. Please direct the Sheriff to serve the defendants as follows: United Rentals Inc. 4 Interchange Place York,PA 17402 High Construction, Inc. 1853 WUliam Ten Way Lancaster, PA 17605 BOSS Manufacturing C/O United Rentals Inc. 4 Interchange Place York, PA 17402 Respectfully submitted, By: Date; November 21, 200 I To: UNITED RENTALS, INC., mGH CONSTRUCTION, INC. and BOSS MANUFACTURING You are hereby notified that Clair L. Lybrand and Nancy R. Lybrand, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered against you. (!,~ p~~y By, O~d (~~ Date: No'(, d [ ,2001 r I I I Ul ;;; I f.C "'~"l: tr. !~ '5 ("') ~.<C. i ...,U. (~}z ().<" ;...);.:( _.:-\ I".J_ ~ i~:J ;;~:W - 5z I o::z u l.i.Jl,1.J LJ,J .cD 0- C) :;.:: l.'_. :;) (J 0 (.) CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. .;1(;501- NO. M-6588 CIVIL UNITED RENTALS, INC., HIGH CONTRUCTION, INC. and BOSS MANUFACTURING, Defendants CIVIL ACTION - LAW PRAECIPE TO REISSUE THE WRIT OF SUMMONS To the Prothonotary: Please reinstate the Writ of Summons and serve the defendants as follows: United Rentals, Inc. 4 Interchange Place York,PA17402 High Construction 1853 William Ten Way Lancaster, PA 17605 BOSS Manufacturing c/o United Rentals, Inc. 4 Interchange Place York, PA 17402 Respectfully Submitted: By: Mare A. Me wre Attorney aintiffs Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 253-2353 Supreme Court 1. D. #25476 Date: December 31, 2001 (') 0 0 c: -" s:: 0 -, "'f;/rn ,..., l~FD ~m n :r, w --'f'T; (J)~ .:60 S~(~) ~C5 -0 .....".- -I t ;:~5:D 12 :x ">-0 '>? eif" ~ N ~ (JJ -< POST & SCHELL, P.C. BY: GLENN M. CAMPBELL J.D. #:51059 1800JOHNF. KENNEDY BLVD. PHILADELPHIA, PA 19103-7480 215-587-1000 ATTORNEYS FOR DEFENDANT HIGH CONSTRUCTION, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CLAIR 1. LYBRAND AND NANCY R. LYBRAND NO: 2001-6588 Plaintiffs, v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INe. AND BOSS MANUFACTURING Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my Appearance on behalf of Defendant, High Construction, Inc. and enter a demand for a trial by ajury of twelve (12). POST & SCHELL, P.C. ; a/' ~./' ,. I / ./' BY: CLENN M. CAMPBELL Attorney for Defendant, High Construction, Inc. (') 0 0 C N -" ~;: .." '"TJU:,I rr1 n1rr: crJ Z:r_, N Le. C/)L <::) -< ., r:: C-' --0 <: d~:n --.,- - $<':) w :;~ c z w 51 ~ r" -< SHERIFF'S RETURN - OUT OF COUNTY CASEY- NO: 2001-06588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYBRAND CLAIR L VS UNITED RENTALS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: UNITED RENTALS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 22nd , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 31.65 .00 68.65 01/22/2002 IRWIN MCKNIGHT ~~~ R. Thomas ~n Sheriff of Cumberland County HUGHES Sworn and subscribed to before me this ,30~ day of 9"'" ."j JQV,L A.D. Q~. Q 'rh.n,. 0 ~ Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-06588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYBRAND CLAIR L VS UNITED RENTALS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BOSS MANUFACTURING but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 22nd , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/22/2002 IRWIN MCKNIGHT So~;c~~y-===~ <:.~~ R! Thomas Kline Sheriff of Cumberland County HUGHES Sworn and subscribed to before me this >lo I:f day of Cfn.. ""7 dO-O..J A.D. ~ () n" il.. Y' ~"{i Prothonotar SHERIFF'S RETURN - OUT OF COUNTY CASE' NO: 2001-06588 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LYBRAND CLAIR L VS UNITED RENTALS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HIGH CONSTRUCTION INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On January 22nd , 2002 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge Dep Lancaster Co 6.00 9.00 10.00 32.33 .00 57.33 01/22/2002 IRWIN MCKNIGHT So ~n~~~' R~as Kline Sheriff of Cumberland County HUGHES Sworn and subscribed to before me this .3Dfe day of C)"'''A; ~;L A.D. 0~.. . () Yh.h..- "# Prothonotary' 2 of 2 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST.. YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN PlUSt. ~'~,.;. :U 1. PLAINTIFFISI 2. c8'iRTMER. '1 Clair L. Lybrand et al - CJ.VJ. 4. TYPE OF VVRIT OR COMPLAINT 3. DEFENDANT/Sf eissued United Rentals Inc. et al Writ of Surrmons 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED, OR SOLD. United Rentals Inc. 6. ADDRESS (STREET OR RFO WITH BOX NUMBER,APT. NO., CITY, BORc. TWP., STATE AND ZIP CODE) 4 Interchange Place York, PA 17402 7 . INDICATE SERVICE el PERSONAl el PERSON IN CHARGE XDbEPUTIZE (fiI16~jEf~'M ell ST CLASS MAIL el POSTED el OTHER January 2 , 20~ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execufe t make retur according to law. This deputization being made at the request and risk of the plaintiff. SERVE .. AT { NOW 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADIINCED FEE PAID BY SHERIFF OUT OFCOUKTY CUMBERI.NAD NorE: ONt Y APPLICABLE ON WRIT OF EXECUTION: N.8. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is foLrKI in poIsersian, after notifying person of levy or attachment, withoutliabilily on the part of such deputy or the sheriff 10 any plaintiff herein for any loss, destruction, or removal of any property before shertt'rs sale thereof. 9. TYPE NAME and ADDRESS of ATIORNEY f ORIGINATOR and SIGNATURE 10. TELEPHONE NUMB~R~, 11. DATE FILED MARCUS MCKNIGHT, III , 12. SEND NOTICE OF SERVICE COPY TO HAlE AND ADDRESS BELOW (This area must be completed if notice is 10 be mailed). CUMBERLAND CO. SHERIFF 15. Expiration/Hearing Date 1-3.o..nZ 16. HOW SERVED: PERSONAl ( SEE REMARKS BELOW 22. REMARKS: 23. Advance Costs 40. Costs Due or Refund . 1-8-02 49. DATE DATE RECEIVED 1. WHITE - Issuing Authority 2. PiNK - Attorney 3. CANARY . Sherift's Office 4. 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PHILADELPHIA, PA 19103-7480 215-587-1000 ATTORNEYS FOR DEFENDANT HIGH CONSTRUCTION, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CLAIR L. LYBRAND AND NANCY R. LYBRAND NO: 2001-6588 Plaintiffs, v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INe. AND BOSS MANUFACTURING Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my Appearance on behalf of Defendant, High Construction, Inc. and enter a demand for a trial by a jury of twelve (12). POST & SCHELL, P.C. a;;J BY' . CIRO , ESQ. Attorney for Defendant, High Constrnction, Inc. (") c:> () c ,,-, -'i'\ 7' ~ ""OC13 :p:JI ,', \l'P' ;x:J :z:u - ,.m ZL " ',-.\ ~:;) 5Q:z' O? '.:ds'"l '2,(") -tJ .-n Z0 -, "~5 ~~\ ,.c.. _,_u ~ )"C _4 ~ - ~ \.0 =< Ii Ii (j 1~ il ({ I,: i1 ~~ ~~ ii. t",. if ..i 1\ ~j I ;~ ,;{ , ;j :1 q J ~h mw~.d' ~~~~a:"""'" A,,-vh ';JiiMt:U,t~,~; CLAIR 1. LYBRAND and NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA 2001-6588 CIVIL TERM v. CIVIL ACTION - LAW UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant United Rentals, Inc. in the above- captioned matter. BY: J. cGINN, JR., ESQUIRE J.D. No. 0907 1845 Walnut Street Philadelphia, PA 19103-4717 (215) 575-2682 Attorneys for Defendant United Rentals, Inc. DATE: ! o c <: ,Ji"Q "'llTi 2.:::x.1 ""S S'2 :2~ r:::C~; "- 'hC-" Z ~. ".0 -""c; =3 -, Cl r'0 "'" -0 ~" N U-I :> :J,: o TI '4 1~:TJ r- fl,' ,.' =:J S~S -~r: :q :~_?(5 6111 -~ )> :0 -< .~ -.J CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2001-6588 CIVIL TERM v. CIVIL ACTION - LAW UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants JURY TRIAL DEMANDED o c, ,..., ~~ N ~ J:Jix"'5 :1> PRAECIP F R E 0 C M CPtl~:;g -!f E ORA UL T FILE 0 PLAINT ~( i)'i:~ ~( ." ~' ;r:,1I'-~~:;?, .c::- c~' :r:: ...--,-, TO THE PROTHONOTARY: :;';:c5 .'(:, )>c: ; -,Ol 7" .~ .:::1 Kindly issue a Rule directing Plaintiffs to file a Complaint in the above-refe~nc~a~ within twenty (20) days of service thereof or risk a judgment of non oros. ALL, DENNEHEY, WARNER, AN & GOGGIN BY: EDW . McGINN, JR., ESQUIRE J.D. No. 40907 1845 Walnut Street Philadelphia, PA 19103-4717 (215) 575-2682 Attorneys for Defendant United Rentals, Inc. DATE: (") c <" -ot53 0''''; z::rJ zrc:. ~~\ C:\~,. ).';:(' z- -~.~() >C': z =< CJ N .". "0 ~-o N U', ". ::E: o "n -r rl:q H, '~:~=) T'.I', ~:~1~ U --I ~ -< U1 -..J CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6588 CIVIL TERM v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6588 CIVIL TERM v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, this 8th day of August, 2002 comes the Plaintiffs, CLAIR L. LYBRAND and NANCY R. LYBRAND, his wife, by their attorneys, Irwin, McKnight & Hughes, and makes the following Complaint against the defendants, UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants: 1. The Plaintiffs are Clair L. Lybrand and Nancy R. Lybrand, his wife, adult individuals residing at 199 Leper Fann Road, Gardners, Pennsylvania 17324. 2. The Defendant, United Rentals, Inc. has a business address of 4 Interchange Place, York, Pennsylvania, 17402. 3. The Defendant, High Construction, Inc. has a business address of 1853 William Penn Way, Lancaster, Pennsylvania, 17605. 3 4. The Defendant, BOSS Manufacturing, has a business address of c/o United Rentals, Inc., 4 Interchange Place, York, Pennsylvania 17402. 5. On November 23, 1999, the Plaintiff, Clair 1. Lybrand, was engaged in the course of his employment on behalf of Grinell Corporation, Camp Hill, Pennsylvania. 6. During the course of his work, the Plaintiff attempted to pivot a temporary lighting unit. The Plaintiff was being assisted in this endeavor by fellow employee, Roy Cramer. The lighting unit was provided by Defendant High Construction, Inc. The lighting unit was rented from Defendant United Rentals, Inc. and was manufactured by Boss Manufacturing. 7. As the Plaintiff and Mr. Cramer were attempting to pivot the lighting unit, it started to collapse downward pinning the left hand and fingers of Plaintiffs hand between the tongue of the lighting unit and the edge of a concrete slab. 8. As a result ofthe collapse of the lighting unit, the Plaintiff, Clair 1. Lybrand, sustained serious injuries to his left hand and fingers. 4 9. The Plaintiff was treated initially by David J. Overholt, M.D. of Lebanon Orthopaedic Associates for injuries he sustained when the lighting unit collapsed pinning his hand and fingers. 10. The Plaintiff's suffered crushing injuries to the left hand which included an open fracture of the fourth finger of the left hand and a fracture of the third finger of the left hand. II. The Plaintiff's treatment consisted of sutures to his fingers, splinting of his fingers and hand surgery consisting of placing two pins in the third finger of his left hand. 12. The Plaintiff also sustained medical expenses, loss of time from work and inconvenience necessary to care and treat the injuries he sustained. 13. The Plaintiff, Clair 1. Lybrand, seeks recovery for the pain and suffering he endured as a direct result of this accident. 14. The Plaintiff, Clair 1. Lybrand, has sustained work loss for which he seeks reimbursement from the Defendants. 5 15. The permanent nature of the injuries sustained by the Plaintiff, Clair L. Lybrand, will cause him to undergo future pain and suffering for which he seeks damages from the Defendants. 16. The Plaintiff, Nancy R. Lybrand, sustained the loss of comfort and society of her husband, Clair L. Lybrand. COUNT I CLAIR L. LYBRAND and NANCY R. LYBRAND. !: HIGH CONSTUCTION. INC. 17. The averments of fact contained in paragraphs one (1) through sixteen (16) are hereby incorporated by reference and are made a part of this Count. 18. The Defendant, High Construction, Inc., was responsible for renting the lighting stand which was required for the Plaintiff to perform his work. 19. The Defendant, High Construction, Inc., failed to adequately inspect the lighting stand which would have disclosed the defect which caused the stand to collapse injuring the Plaintiff, Clair Lybrand. The Defendant also failed to warn the Plaintiff of the defect. 20. The negligence of the Defendant, High Construction, Inc., is the proximate cause of the injuries sustained by the Plaintiff. 6 WHEREFORE, the Plaintiffs, Clair L. Lybrand and Nancy R. Lybrand, seek damages from the Defendant, High Construction, Inc., in the amount in excess of Fifty Thousand and noll 00 ($50,000.00) Dollars with interest as permitted by law and the costs ofthis litigation. The Defendant is jointly and severally liable to the Plaintiffs. COUNT II CLAIR L. LYBRAND and NANCY R. LYBRAND. !: UNITED RENTALS. INC. 21. The averments of fact contained in paragraphs one (I) through twenty (20) are hereby incorporated by reference and are made a part of this Count. 22. The Defendant, United Rentals, Inc., was responsible for supplying and renting the lighting stand which was required for the Plaintiff to perform his work. 23. The Defendant, United Rentals, Inc., failed to adequately inspect the lighting stand which would have disclosed the defect which caused the stand to collapse injuring the Plaintiff, Clair Lybrand. The Defendant also failed to warn the Plaintiff of the defect. 24. The negligence of the Defendant, United Rentals, Inc., is the proximate cause of the injuries sustained by the Plaintiff. 7 WHEREFORE, the Plaintiffs, Clair 1. Lybrand and Nancy R. Lybrand, seek damages from the Defendant, United Rentals, Inc., in the amount in excess of Fifty Thousand and no/l 00 ($50,000.00) Dollars with interest as pennitted by law and the costs of this litigation. The Defendant is jointly and severally liable to the Plaintiffs. COUNT III CLAIR L. LYBRAND and NANCY R. LYBRAND. Y: BOSS MANUFACTURING 25. The avennents of fact contained in paragraphs one (1) through twenty four (24) are hereby incorporated by reference and are made a part of this Count. 26. The Defendant is also responsible to the Plaintiffs for the damages sustained by the Plaintiffs since the lighting stand which was manufactured and distributed by the defendants was negligently manufactured as follows: a. The Defendant failed to properly secure the stand as it was being moved. b. The Defendant failed to adequately design the lighting stand. c. The Defendants failed to adequately wam the Plaintiffs of the danger of the lighting stand. 27. After manufacturing, the Defendant, BOSS Manufacturing, failed to adequately inspect the lighting stand which would have disclosed the defect which caused the stand to collapse injuring the Plaintiff, Clair Lybrand. The Defendant also failed to warn the Plaintiff of the defect. 8 ---_.~.-.............,----~....._._.,~......_,,~".~<_.,-,.- 28. The negligence of the Defendant, BOSS Manufacturing, is the proximate cause of the injuries sustained by the Plaintiff. WHEREFORE, the Plaintiffs, Clair L. Lybrand and Nancy R. Lybrand, seek damages from the Defendant, BOSS manufacturing, in the amount in excess of Fifty Thousand and no/lOO ($50,000.00) Dollars with interest as permitted by law and the costs of this litigation. The Defendant is jointly and severally liable to the Plaintiffs. Respectfully submitted, IRWIN, Me Date: August 8, 2002 By: Marcus. Mc ight 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 9 ...._.~..."-~-""'-".~....""-"_..~;_."..-...--~-_......"..~- .. VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~ Date: AUGUST 8, 2002 CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA NO. 2001-6588 CIVIL TERM v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Matthew L. Owens, Esq. Stephen J. Barcavage, Esq. Marshall, Dennehey, Wamer, Coleman & Goggin 4200 Crums Mill Road, Ste B Harrisburg, P A 17112 By: IRWIN, Me Date: August 9, 2002 10 o c: -~ -rJeti nlr-:-j -:'7 --r~, ....._~- Z,;, (}'), . -<'!'....:. r'C :s: P"C~} Zr, >- .....~~ ~~ ~ c:: ''-' ::.-- c= r,-) I ID -n ::1: ,~) ~ ....+1 ~:;} t,.~~ ') ~:--1 s:J -< ~~ r.- ''.:l +- . . '''4 ' POST & SCHELL, P.C. ATTORNEYS FOR DEFENDANT BY: GLENN M. CAMPBELL HIGH CONSTRUCTION, INe. I.D. #:51059 1800 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103-7480 215-587-1000 CLAIR L. LYBRAND AND NANCY R. COURT OF COMMON PLEAS LYBRAND CUMBERLAND COUNTY Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. DEFENDANT, HIGH CONSTRUCTION, INC.'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, High Construction, Inc. ("High"), by and through its counsel, Post & Schell, P.C., hereby responds to the allegations contained in Plaintiffs Complaint as follows: 1. Admitted upon information and belief. 2. Admitted upon information and belief. 3. Admitted. 4. Admitted upon information and belief. 5. Denied. After reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. 6. Denied. After reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained ~ ' in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. 7. Denied. After reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. 8. Denied. After reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. 9. Denied. After reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. 10. Denied. After reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. 11. Denied. After reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. -2- 12. Denied. The allegations contained in paragraph 12 of plaintiffs Complaint constitute conclusions of law to which no further response is required under the Pennsylvania Rules of Civil Procedure. However, and to the extent that a response is required, after reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. 13. Denied. The allegations contained in paragraph 13 of plaintiffs Complaint constitute conclusions of law to which no further response is required under the Pennsylvania Rules of Civil Procedure. However, and to the extent that a response is required, after reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. 14. Denied. The allegations contained in paragraph 14 of plaintiffs Complaint constitute conclusions of law to which no further response is required under the Pennsylvania Rules of Civil Procedure. However, and to the extent that a response is required, after reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proofthereof is demanded. 15. Denied. After reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. -3- 16. Denied. After reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. COUNT I CLAIR L. LYBRAND and NANCY R. LYBRAND ~ HIGH CONSTRUCTION. INC. 17. Defendant, High, hereby incorporates by reference its responses to paragraph 1 through 16 of Plaintiffs Complaint as ifthe same were fully set forth herein at length. 18. Denied. The allegations contained in paragraph 18 of plaintiffs Complaint constitute conclusions of law to which no further response is required under the Pennsylvania Rules of Civil Procedure. However, and to the extent that a response is required, after reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proofthereof is demanded. 19. Denied. The allegations contained in paragraph 19 of plaintiffs Complaint constitute conclusions of law to which no further response is required under the Pennsylvania Rules of Civil Procedure. However, and to the extent that a response is required, it is specifically denied that answering defendant failed to adequately inspect the lighting and/or that there existed a defect in the same and/or that it failed to warn plaintiff of any such alleged defect. As to the remaining averments contained in said paragraph, after reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proofthereof is demanded. -4- 20. Denied. The allegations contained in paragraph 20 of plaintiffs Complaint constitute conclusions of law to which no further response is required under the Pennsylvania Rules of Civil Procedure. However, and to the extent that a response is required, it is specifically denied that answering defendant was negligent. As to the remaining averments contained in said paragraph, after reasonable investigation answering defendant is without sufficient knowledge or information to form a belief as to the truth or accuracy of the allegations contained in plaintiffs Complaint and, therefore, these allegations are denied and strict proof thereof is demanded. WHEREFORE, answering defendant, High Construction, Inc., hereby demands judgment in its favor and against plaintiffs, Clair L. Lybrand and Nancy R. Lybrand, together with the cost of suit including reasonable attorney's fees if allowed by law. COUNT II CLAIR L. LYBRAND and NANCY R. LYBRAND Y:. UNITED RENTALS. INC. 21. Defendant, High, hereby incorporates by reference its responses to paragraph 1 through 20 of Plaintiffs Complaint as if the same were fully set forth herein at length 22. Answering defendant cannot respond to this averment as it is directed to co- defendant. 23. Answering defendant cannot respond to this averment as it is directed to co- defendant. 24. Answering defendant cannot respond to this averment as it is directed to co- defendant. WHEREFORE, answenng defendant, High Construction, Inc., hereby demands judgment in its favor and against plaintiffs, Clair L. Lybrand and Nancy R. Lybrand, together with the cost of suit including reasonable attorney's fees if allowed by law. -5- COUNT II CLAIR L. LYBRAND and NANCY R. LYBRAND !:. BOSS MANUFACTURING 25. Defendant, High, hereby incorporates by reference its responses to paragraph 1 through 24 of Plaintiffs Complaint as ifthe same were fully set forth herein at length 26. Answering defendant cannot respond to this averment as it is directed to co- defendant. 27. Answering defendant cannot respond to this averment as it is directed to co- defendant. 28. Answering defendant cannot respond to this averment as it is directed to co- defendant. WHEREFORE, answenng defendant, High Construction, Inc., hereby demands judgment in its favor and against plaintiffs, Clair L. Lybrand and Nancy R. Lybrand, together with the cost of suit including reasonable attorney's fees if allowed by law. NEW MATTER 29. Plaintiffs Complaint may be barred by the applicable Statute of Limitations. 30. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same may be barred and/or reduced by the provisions of the Pennsylvania Comparative Negligence Act, 42 Pa .C.S.A. 97100, specifically with regard to the contributory or comparative negligence of Plaintiffs decedent. 31. Plaintiff s Complaint fails to state a claim upon which relief may be granted. 32. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same were not proximately caused by any action or failure to act on behalf of Answering -6- Defendant or any of his employees acting within the course and scope of their employment and within furtherance of answering defendant's business. 33. Plaintiff may have failed to mitigate her damages. 34. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same occurred when plaintiff knowingly and voluntarily encountered a known danger thereby assuming the risk of injuries. 35. If Plaintiff sustained the injuries and damages as alleged in her Complaint, then same were caused by other entities over which Answering Defendant has or had no control over. 36. At all times material hereto, answering defendant acted with due and proper care under the circumstances. 37. Answering Defendant had no notice ofthe allegedly defective condition. 38. Plaintiff(s)'s claims must be barred and/or reduced as plaintiff(s), or other parties, modified, altered or misused the product in question. 39. At all times material hereto, Answering Defendant was not in possession and/or control of the area and/or instrumentality allegedly involved in plaintiffs incident. 40. In the event that Plaintiff requests delay damages pursuant to Pa. R.c.P. 238, Answering Defendant hereby challenges the applicability and constitutionality of said rule, and places same at issue. 41. Plaintiffs claims may be barred, in whole or in part, by the provisions of the Pennsylvania Workmen's Compensation Act, and said Act is incorporated by reference as fully as though the same were herein set forth at length. P.S. Sec. 481, Sec. 303 ofPa. W.C.A.,77 P.S. Sec. 481 -7- \ 42. Answering Defendant owed no duty to plaintiff as alleged III plaintiffs Complaint. 43. Answering Defendant breached no duty it may have owed to Plaintiff. 44. No act or omission of Answering Defendant caused, or was a substantial factor in causing, any injuries damages or losses of which Plaintiff complains, the existence of which is denied. 45. The accident which is alleged to have occurred was caused in whole or in part by the acts and omissions of entities other than Answering Defendant over which Answering Defendant did not exercise control and had no right to exercise control, including but not limited to the other defendants named in this lawsuit, their employees, servants, or workers, and Plaintiff. 46. Answering Defendant's duties and responsibilities may have been limited by the terms and conditions of contracts which he had with other defendants to this action and other entities not named as defendants, including but not limited to Plaintiffs decedent. 47. Answering Defendant's duties and responsibilities may have been limited by the terms and conditions of contracts he had with other entities. NEW MATTER CROSS CLAIM PURSUANT TO RULE 2252(D) AGAINST CO-DEFENDANTS 48. Answering defendant, High Construction, Inc., deny all liability in regard to this incident. Answering defendant believes and asserts that, to the extent that the allegations of plaintiffs' Complaint are proven, in whole or in part, then co-defendants, United Rental, Inc. and Boss Manufacturing, are jointly and severally liable with answering defendants, or liable over to plaintiff under theories of common law contribution and indemnification. -8- " . .. WHEREFORE, answenng defendant, High Construction, Inc., hereby demands judgment in its favor and against plaintiffs, Clair L. Lybrand and Nancy R. Lybrand, together with cost of suit including reasonable attorney's fees if allowed by law. POST & SCHELL, P.C. BY~~ Attorney for Defendant, High Construction, Inc., -9- . - ". VERIFICATION I, Jeff Sterner, hereby state that I am the Senior Vice President/General Manager for Defendant, High Construction, Inc., in the within action and verify that the statements made in the Answer to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: , o ~; ;]J ~~( __~ l' :; /- =< . .^ C:J r'-' u, ~.'1' '0 (:) -:1 ..," ,,. c-l ~"Q ". q _..J () 1, :1:'.1 C) : ~,f'n ~-~~ ::s -< -_I ~ :x \0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOERA PURSUANT TO RULE 4009.22 IN THE HATTER OF: COURT OF COMMON PLEAS CLAIR LYBRAND TERM, -VS- CASE NO: 2001-6588 HIGH CONSTRUCTION, INC, ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CIRO TUFANO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 09/19/2002 ~lf of 'CIRO T:~ Attorney for DEFENDANT DEll-361610 04699-LO:L COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS CLAIR LYBRAND TERM. -VS- CASE NO: 2001-6588 HIGH CONSTRUCTION. INC. ET AL HOTICE OF IN.r151ft TO SERVE A SUBPOENA TO PRODUCE DOCmonrrS AND THINGS FOR DISCOVERY pURSUART TO RULE 4009.21 DAVID J. OVEBBOLT. MD. MEDICAL IECOIDS TO: MARCUS !EDlGBT. ESQUIIE MCS on behalf of CIllO TUFANO. ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days frea the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is _ived or if no objection is made. then the subpoena may be served. COIIIplete copies of any reproduced records may be ordered at your expense by cOlllpleting the attached counsel card and returning SIUlle to MCS or by contacting our local MCS office. DATE: 08/30/2002 MCS on behalf of CIaO TUFANO. ESQ. Attorney for DEPDDAHT CC: CIaO TUFARO. ESQ. _ 112532 Any questions regarding this matter. contact THE MCS GIlOUP IRC. 1601 MAllXET STlEET '800 PHILADELPHIA. PA 19103 (215) 246-0900 DE02-198869 0 4 6 9 9 - C O::L . COMMO~L TH Of ~NNSYL V AN~ COUNTY Of C1JMBER~.12 CLAIR LYBRAND Fil. No. 2001-6588 CIVIL VS HIGH CONSTRUCTION, INC., ET AL SUBPOENA TO PROOva DOCtJM~S OR )lfJNGS fOR DISCOVERY PURSUANT TO RUlE 4009.22 TO: CUSTODIAN OF RECORDS FOR:DAVID J. OVERHOLT (N_., r.- -EatllJt Within twenty (20) days aItft ...,Ic. of thillUb...... JOU _ ~-fm~IIC. die foUowinl cIocumIIltI Of thlnp: ..t MCS GROUP INC., 1601 MAREKT ST., 1800, PHILA.,PA 19103 (~t' You m..y d.llver Of m.till.libl. copl.. of the dOC1laMfttl Of produce thinp requfttecl by thi. lubpoena.topther with th. certific..te of compU..nc.. to the p.ny maid.. this req.... at the 1CI....lilteclabov.. You hay. the ript to _'" in ..dune., th. fellOlYbl. COlt of preparinl the copi.. Of produdnj tile thinp -..... If you fail to produce th. dOC1lmflttt or thlnp NqulrR by thll.ubpoena. within twenty (20) daYI after It I Hrvlc.. the party s~(VinltItiJ 1UbtlOl!lU m..y suk.. collrt ord., compellinJ you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PBSON: NAME: elRO TUFANO. ESCl. ADDRESS: 1800 JFK BLVD. PHILA. .PA 19101 TELEPHONE: 215-246-0900 SUPREME COURT 10 t: ATI'ORNEY FOR: PiiiWWT DATE: M ICfx ':l/Y:>, d-.... - SaI 01 the CoUIt (E!f,'!lj EXPlANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DAVID J. OVERHOLT, MD. 912 RUSSELL DRIVE LEBANON, PA 17042 RE: 4699 CLAIR LYBRAND Any and all records, correspondence, files and memorandums, handwritten notes, billing and payment records, relating to any examination, consultation, care or treatment. nates Requested: up to and including the present. Subject: CI..AJR LYBRAND 199 LEAPER FARM ROAD, GARDNERS, PA 17324 SUIO-395778 04699-LOl .. ~ ~ q, ~ .-" -0\.;.) ',''r.-n t!r:B '-0 {'11P l-..:l ~3'S mS-.:. (,.0) 06 ::Z"h. ~:-~ 1.20 -0 l~-") "%8 ~ ~c tP. t:/" 7~ :;:;.I '" ~ (p POST & SCHELL, P.C. BY: GLENN CAMPBELL CIRO TUFANO I.D. # 51059/82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys For Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. MOTION TO COMPEL ANSWERS TO REQUESTS FOR PRODUCTION OF DOCUMENTS OF DEFENDANT. HIGH CONSTRUCTION. INC. Defendant, High Construction, Inc. ('moving defendant") hereby moves this Honorable Court to compel Plaintiff to submit responses to the Requests for Production of Documents of moving defendant duly served upon Plaintiff and in support thereof aver as follows: 1. Moving defendant served said discovery items upon Plaintiff on September 13, 2002. (A true and correct copy of said letter is attached hereto, made a part hereof and marked as Exhibit "A"). 2. By letter dated October 28, 2002, counsel for moving defendant informed plaintiffs counsel that if answers to said discovery items were not received within ten (10) days the instant motion would be filed. (A true and correct copy of said correspondence has been attached hereto and marked as Exhibit "B"). 3. At no time has plaintiff responded or objected to the discovery requests of moving defendant. 4. Moving defendant is severely prejudiced in its investigation and evaluation of this case as plaintiffhas failed to submit answers to said discovery items duly served. .-' ;;;-;.:;. ,;;"i.'~ WHEREFORE, Defendant, High Construction, Inc., respectfully requests that this Honorable Court sign the attached Order directing Plaintiffto submit answers to the discovery requests of Defendant duly served upon them within twenty (20) days or suffer further sanctions upon application to this Court. Respectfully submitted, c""*"'- ",'fIiit.i> ,. \ \;1\ '. ,>~", CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Motion to Compel Answers to Requests for Production of Documents of Defendant, High Construction, Inc. was served on December 17,2002 by first class mail, postage prepaid on the following counsel: Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Edward J. McGinn, Jr., Esq. Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Phila., PA 19103-4979 Boss Manufacturing c/o United Rentals, Inc. 4 Interchange Place York, PA 17402 Respectfully submitted, BY: CIRO TUF AN ESQUIRE Attorney for Defendant, High Construction, Inc. " VERIFICA TION I, CIRO TUFANO, Esquire, hereby verify that I am the attorney for Defendant herein, and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. cm~umE !. ., EXHIBIT "A" o. p~ SCHEILpc ATTORNEYS AT LAW Ciro Tufano Direct Dial: 215-587-1175 CTufano@postschell.com File #: 112532 September 13, 2002 Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 RE: Lybrand v. High Concrete Structures, Inc. Dear Mr. McKnight: PENNSYLVANIA Enclosed please find the following: PHILADELPHIA PITTSBURGH 1) Interrogatories of Defendant, High Construction, Inc. Directed to Plaintiffs; HARRISBURG 2) Expert Interrogatories of Defendant, High Construction, Inc. Directed to Plaintiffs; and LANCASTER 3) Request for Production of Documents of Defendant, High Construction, Inc. Directed to Plaintiffs ALLENTOWN NEW JERSEY I would appreciate you responding to same pursuant to the Rules of Civil Procedure. VOORHEES Thank you for your attention to this matter. Very truly yours, Ciro Tufano CT:ebk Encs. CC: Edward J. McGinn, Jr., Esq. Boss Manufacturing w/enc. FILE 1800 JOHN F. KENNEDY BoULEVARD PHILADELPHIA. PA 19103-7480 215.587.1000 WWW.POSTSCHELL.COM A PENNSYLVANIA PROFESSIONAL CORPORATION . .......". . EXHIBIT "B" . . ~ ....... . I I ! I . . ........ LA W OFFICES IRWIN McKNIGHT & HUGhES ROGER B. IRJt7N MARCUS A. McKNIGHT. 11/ JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE. PENNSYLVANIA 17013-3222 (717) 249-2353 FAX(717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM October 30, 2002 HAROLDS.IRWIN (/915-/977) HAROLD S, IRWIN. JR. (/954-1986) IRWIN. IRWIN & IRWIN (1956-1986) IRJt7N.IRW/N & McKNIGHT (/986-1994) IRWIN. McKNIGHT & HUGHES (/994- ) 61//d53~ Ciro Tufano, Esquire POST & SCHELL 1800 JFK Boulevard, 19th Floor Philadelphia, P A 19103 Re: Lybrand v. United Rentals, Inc. and High Construction, Inc. Dear Mr. Tufano: I have reviewed the Interrogatories and, unfortunately, they are far in excess of the forty (40) questions which are limited by the Local Rules of Cumberland County. My client therefore has answered those questions he was able to answer. Please call me to discuss this case. MAM/mln Encl. cc: Mr. Clair L. Lybrand (") ~; -oi;~ ~;,., / ~ 0' ~;:' ~~>'C~, C~'~. ., ,q 'j , ,Ci ~:~ --< ........ .. '" -, ".1.') r....-') -,) \-' .- "'"'.--t ::~ CLAIR L. LYBRAND and: NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LA W UNITED RENTALS, INC., HIGH CONSTRUCTION, : INC., and BOSS MANUFACTURING, Defendants NO. 01- 6588 ORDER OF COURT AND NOW, this 23rd day of December, 2002, upon consideration of the Motion To Compel Answers to Requests for Production of Documents of Defendant, High Construction, Inc., a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. /Marcus McKnight, Esq. 60 West Pomfret Street Carlisle, P A 17013 .IEdward J. McGinn, Jr., Esq. MARSHALL, DENNEHEY, '7 WARNER, COLEMAN & GOGGIN 1845 Walnut Street Philadelphia, P A 19103-4979 ^ tcrpiwn&.d iY\ RKS )~ "~3-0d- I 'r/INv'i\l"t,SNN3d U. 'r"'''' "1'" "-, ,-e-"In'"' t'\) ii i ) , ",,';, ,;-->'.-1"\, ' I I ..."". ---,"' v 5~;:Z pj ~~ZJJU?n \ Glenn Campbell, Esq. V"Ciro Tufano, Esq. 1800 JFK Boulevard 19th Floor Philadelphia, P A 19103 V Boss Manufacturing c/o United Rentals, Inc. 4 Interchange Place York, PA 17402 :rc CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA 2001-6588 CIVIL TERM v. CIVIL ACTION - LAW UNITED RENTALS, INe., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, Clair Lybrand and Nancy Lybrand Marcus A. McKnight III, Esquire IRWIN, MCKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, P A 17013-3222 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiffs' Complaint within twenty (20) days from service hereof or a d.efault judgment may be filed against you. BY: DATE: tf1( 0 l. Attorne:ys for Defendant United Rentals CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6588 CIVIL TERM UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Boss Manufacturing Co. 221 West First Street lCevvanee,IL 61443 You are hereby notified to plead to the enclosed New Matter Directed to Defendant Boss Manufacturing Co. Pursuant to Pa.R.C.P. ~2252(d) on behalf of Defendant, United Rentals, Inc., within twenty (20) days from service hereof or a default judgment may be filed against you. BY: MA HEW . OWENS, ESQUIRE LD. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, P'A 17112 (717) 651-3501 DATE: II?( () 1 Attorneys for the Defendant, United Rentals .... ...... 11 ~,I, \05 _A \L1AB\SJB\LLPG\I 03068\ACS\2 I 082\00136 CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2001-6588 CNIL TERM UNITED RENTALS, INC., HIGH CONSTRUCTION, INe. and BOSS MANUFACTURING, Defendants CNIL ACTION - LAW JURY TRV\.L DEMANDED ANSWER WITH NEW MATTER ON BEHALF OF DEFENDANT UNITED RENTALS. INC. AND NOW comes Defendant, United Rentals, Inc., hereinafter referred to as "Defendant" by and through the undersigned counsel who responds to Plaintiffs' Complaint as follows: 1. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 1, and therefore, the same .are denied with strict proof thereof required at trial. 2. Admitted. 3. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 3, and therefore, the same are denied with strict proof thereof required at trial. ... ~. l 4. Denied. It is specifically denied that Boss Manufacturing operates through or maintains an address at any United Rentals, Inc. facility, specil1cally 4 Interchange Place, York, Pennsylvania 17402. 5. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 5, and therefore, the same are denied with strict proof thereof required at trial. 6. Admitted in part; denied in part. It is admitted that the lighting unit was rented from Defendant, United Rentals, Inc. Defendant lacks knowledge sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 6, and therefore, the same are denied with strict proof thereof required at trial. 7. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 7, and therefore, the same are denied with strict proof thereof required at trial. 8. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 8, and therefore, the same are denied with strict proof thereof required at trial. 9. Denied. Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 9, and therefore, the same are denied with strict proof thereof required at trial. 10. Denied in accordance with Pa.R.c.P. ~1029(e). 11. Denied in accordance with Pa.R.C.P. ~1029(e). 12. Denied in accordance with Pa.R.C.P. ~1029(e). 2 '- . ' ! . " ,~ 13. Denied in that the same contains conclusions oflaw to which no response is required and, therefore, the same are denied with strict proof thereof required. 14. Denied in accordance with Pa.R.C.p. ~1029(e). 15. Denied in accordance with Pa.R.C.P. ~1029(e). 16. Denied in that the same contains conclusions oflaw to which no response is required and, therefore, the same are denied with strict proof thereof required. COUNT I CLAIR L. LYBRAND and NANCY R. LYBRAND v. HIGH CONSTRUCTION. INC. 17. Defendant incorporates by references its responses to Paragraphs 1-16 of Plaintiffs' Complaint as though set forth at length herein. 18. Neither admitted nor denied. These allegations are directed to a Defendant other than Responding Defendant and, therefore, the allegations are neither admitted nor denied. 19. Neither admitted nor denied. These allegations are directed to a Defendant other than Responding Defendant and, therefore, the allegations are neither admitted nor denied. 20. Neither admitted nor denied. These allegations are directed to a Defendant other than Responding Defendant and, therefore, the allegations are neither admitted nor denied. WHEREFORE, Defendant United Rentals, Inc. respectful.ly requests judgment in its favor and against the Plaintiffs, together with such other costs as this Honorable Court deems appropriate. 3 COUNT II CLAIR L. LYBRAND and NANCY R. LYBRAND v. UNITED RENTALS. INC. 21. Defendant incorporates by reference responses to Paragraphs 1-20 of Plaintiffs' Complaint as though set forth at length herein. 22. Denied in accordance with Pa.R.C.P. ~1029(e). 23. Denied in that the same contains conclusions oflaw to which no response is required and, therefore, the same are denied with strict proof thereof required. 24. Denied in that the same contains conclusions of law to which no response is required and, therefore, the same are denied with strict proof thereof required. WHEREFORE, Defendant United Rentals, Inc. respectfully requests judgment in its favor and against the Plaintiffs, together with such other costs as this Honorable Court deems appropriate. COUNT III CLAIR L. LYBRAND and NANCY R. LYBRAND v. BOSS MANUFACTURING 25. Defendant incorporates by reference responses to Paragraphs 1-24 of Plaintiffs' Complaint as though set forth at length herein. 26. (a) - (c) Neither admitted nor denied. These allegations are directed to a Defendant other than Responding Defendant and, therefore, the allegations are neither admitted nor denied. 27. Neither admitted nor denied. These allegations are directed to a Defendant other than Responding Defendant and, therefore, the allegations are neither admitted nor denied. 4 . ' . ,. . 28. Neither admitted nor denied. These allegations are directed to a Defendant other than Responding Defendant and, therefore, the allegations are neither admitted nor denied. WHEREFORE, Defendant United Rentals, Inc. respectfully requests judgment in its favor and against the Plaintiffs, together with such other costs as this Honorable Court deems appropriate. NEW MATTER DIRECTED TO PLAINTIFFS 29. Defendant incorporates by reference responses to Paragraphs 1-28 of Plaintiffs' Complaint as though set forth at length herein. 30. At all times material hereto, United Rentals, Inc., acted properly and in a legally sufficient manner with respect to their involvement with the lighting stand referenced in Plaintiffsl Complaint. 31. If there was any negligence or carelessness which caused damages to Plaintiff, those damages were caused by persons or entities over whom United Rentals, Inc. had no control. 32. No act or omission on the part of United Rentals, Inc., could be considered a legal cause of any of the damages suffered by Plaintiff. 33. The relevant terms ofthe Pennsylvania Comparative Negligence Act are incorporated by referenced herein, if it is determined that Plaintiff or any other party committed any act or omission that would involve comparative negligence. 34. The nature, origin, causation, amount and extent of injuries, damages, and losses claimed are at issue and United Rentals, Inc., demands proof ofthe same from Plaintiffs as required by law. 5 , ' .. . , . 35. Plaintiff may have assumed the risk. 36. Plaintiffs' claim is limited by the terms of any release or similar agreement which Plaintiff may have signed or to which Plaintiff may have agreed. 37. Plaintiffs' claims are limited by the terms of any agreement discovered during the discovery process between United Rentals, Inc. and Plaintiff arld/or any other similar type agreement. 38. Plaintiffs' Complaint may be barred by the applicable statute of limitations. WHEREFORE, Defendant United Rentals, Inc. respectfully requests judgment in its favor and against the Plaintiffs, together with such other costs as this Honorable Court deems appropriate. PENNSYL VANIA RULE OF CIVIL PROCEDURE 2252(d) NEW MATTER DIRECTED TO DEFENDANT HIGH CONSTRUCTION. INC. 39. Responding Defendant incorporates by reference its responses to Paragraphs 1 through 38 of Plaintiffs' Complaint as if set forth herein at length. 40. Pursuant to Pa.R.C.P. 2252(d), should it be found that Responding Defendant is liable to Plaintiffs, which liability is denied, Responding Defendant alleges that Plaintiffs' damages, said damages being denied, were caused by the negligence, recklessness and/or carelessness and/or strict liability of Defendant High Construction, Inc., and/or others, for the reasons set forth in the Complaint, and that Responding Defendant is entitled to contribution and/or indemnity, as may be appropriate, from such Defendant. 6 .. " . WHEREFORE, Defendant, United Rentals, Inc., respectfully requests judgment in its favor and against Plaintiffs and/or Defendant, High Construction, Inc., together with such costs this Honorable Court deems appropriate. PENNSYL VANIA RULE OF CIVIL PROCEDURE 2252(d) NEW MATTER DIRECTED TO DEFENDANT BOSS MANUFACTURING 41. Responding Defendant incorporates by reference its responses to Paragraphs 1 through 40 of Plaintiffs' Complaint as if set forth herein at length. 42. Pursuant to Pa.R.C.P. 2252(d), should it be found that Responding Defendant is liable to Plaintiffs, which liability is denied, Responding Defendant alleges that Plaintiffs' damages, said damages being denied, were caused by the negligence, recklessness and/or carelessness and/or strict liability of Defendant Boss Manufacturing, and/or others, for the reasons set forth in the Complaint, and that Responding Defendant is entitled to contribution and/or indemnity, as may be appropriate, from such Defendant. WHEREFORE, Defendant, United Rentals, Inc., respectfhlly requests judgment in its favor and against Plaintiffs and/or Defendant, Boss Manufacturing, together with such costs this Honorable Court deems appropriate. BY: MA H L. I.D. No. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendant United Rentals DATE: '17( (J& 7 'I ") " 'l.. VERIFICATION The undersigned hereby verifies that the statements in the foregoing Defendant's Answer with New Matter to Plaintiffs' Complaint are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the Defendant's Answer with New Matter to Plaintiffs' Complaint is that of counsel and not my own. I have read the Answer with New Matter to Plaintiffs' Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Defendant's Answer with New Matter to Plaintiffs' Complaint are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. UNITED REN ~'''' . / 'I' ., .////' BY: ,C',~' ,- i Title: Vf DATE:~ 1/ 02- I . 4 'I ,j, , . , . CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2001-6588 CIVIL TERM v. CIVIL ACTION - LAW UNITED RENTALS, INe., HIGH CONSTRUCTION, INe. and BOSS MANUFACTURING, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela C. Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this Blliday of January, 2003, I served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Marcus A. McKnight III, Esquire IRWIN, MCKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Ciro Tufano, Esquire POST & SCHELL 1800 John F. Kennedy Boulevard Philadelphia, PA 19103-7480 Boss Manufacturing Co. 221 West First Street Kewanee,IL 61443 !iYt ~ d-Q tv' ~ Angela Sanger -~ . . . . . . ;:r~ :;:? A'.~_ cr.i -<' ~,'~ ~E 5=? )>c: z =< , ." . :-...."1 C,l L', ,,) '. -~i 55 -< \0 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: CLAIR LYBRAND COURT OF COMMON PLEAS TERM, -VS- HIGH CONSTRUCTION, INC, ET AL CASE NO: 2001-6588 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of CIRO TUFANO, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 01/20/2003 aCS Orvtrenalf of ~L.I/.- .. J-.' CIRO TUF~ ESQ. Attorney for DEFENDANT DEll-388020 04699-L02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: CLAIR LYBRAND COURT OF COMMON PLEAS TERM, -VS- HIGH CONSTRUCTION, INC, ET AL CASE NO: 2001-6588 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE ~S AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 GOOD SAMARITAN HOSPITAL MEDICAL RECORDS TO: MARCUS MCKNIGHT, ESOUIRE MCS on behalf of CIRO TUFANO, ESO. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/31/2002 MCS on behalf of CC: CIRO TUFANO, ESO. CIRO TUFANO, ESO. Attorney for DEFENDANT - 112532 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 11800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-211370 04699-COl COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND CLAIR LYBRAND VS HIGH CONSTRUCTION,INC., ET AL File No. 2001-6588 TO: CUSTODIAN OF RECORDS FOR: GOOD SAMARITAN HOSPITAL (N_. of ~ or Entily) WlthJn twenty (20) days alter service of thJs subPCJeNI. you ..... ordered by the l:OUlt to produl:e the following dGaullentw or thJngs: "'RR ATTACHED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RlTLE fOO9~ at MCS GROUP INC., 1601 MARKET S.T, #800, PHILA.,PA 19103 (Ad"') You may deliver or mail legible l:opies of the dGalDMnts or prod_ thJngs requested by thU subpoena,. together with the certificate of complillJll:e, to the party making this request at the addrese IUted above. You have the right to seek, in advanl:e, the reuon.ble l:ost of preparing the l:opies or produdng the things sought. If you fail to produl:e the dOl:Uments or things required by this subPCJeNI. within twenty (20) days alter its service, the party serving this subpoen. may seek a l:ourt order l:OlIIpeJling you to l:OlIIply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: N~ CTRO TUFANO. ESO. ADDRESS: 1900 JFK BLVD. PHTTA .FA 19103 TELEPHONE: 215-246-0900 SUPREME COURT m t: ATTORNEY FOR: DEFENDANT DATE: ,g~n~ ;(~ ~;). Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: GOOD SAMARITAN HOSPITAL 4TH & WALNUT STREET LEBANON, P A 17042 RE: 4699 CLAIR LYBRAND Entire hospital medical me, including but not limited to any and all records, correspondence to and from the consulting and/or treating physician, mes, memoranda, handwritten notes, history and physical reports, medication! prescription records, nurse's notes, doctor's comments, dietary restrictions, and all patient consent or refusal of treatment, procedures, tests, and/or medication, lab and dignostic test results, including any and all such items as may be stored in a computer database or otherwise in electronic form-, relating to any examination, consultation, diagnosis, care, treatment, admission, discharge, or emergency care pertaining to: Dates Requested: up to and including the present. Subject: CLAIR LYBRAND 199 LEAPER FARM ROAD, GARDNERS, PA 17324 5U10-417328 04699-L02 (") c s: \JU_' q,![r 4-~:C zr- Q2~; ~C~: :t::;r', ~~ --; -<. Cl LV o .." (- }::...s Z N W ;bo :3:: :.J~~~ ~.~~ ,~~ ~- :!J -< (7", POST & SCHELL, P.C. BY: GLENN CAMPBELL CIROTUFANO I.D. # 51059/82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys For Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. PETITION TO ENFORCE RULE TO SHOW CAUSE OF DEFENDANT. HIGH CONSTRUCTION. INC. Defendant, High Construction, Inc. ('petitioner") hereby petitions this Honorable Court to compel Plaintiff to submit responses to the Requests for Production of Documents of petitioner duly served upon Plaintiff and in support thereof aver as follows: 1. Petitioner served said discovery items upon Plaintiff on September 13, 2002. (A true and correct copy of said letter has been attached as Exhibit "A" to Defendant's initial motion to compel which has been attached hereto, made a part hereof and marked as Exhibit "A"). 2. By letter dated October 28,2002, counsel for petitioner informed plaintiffs counsel that if answers to said discovery items were not received within ten (10) days the instant motion would be filed. (A true and correct copy of said correspondence has been attached as Exhibit "B" to Defendant's initial motion to compel which has been attached hereto, made a part hereof and marked as Exhibit "A"). 3. On or about December 17,2002, petitioner filed a motion to compel plaintiff to respond to said requests. (A true and correct copy of said motion has been attached hereto, made a part hereof and marked as Exhibit "A"). 4. On December 23, 2002, this Honorable Court issued an Order whereby Plaintiff had twenty (20) days to show cause as to petitioner's motion and the outstanding discovery. (A true and correct copy of said Order has been attached hereto, made a part hereof and marked as Exhibit "B"). 5. On January 2, 2003, counsel for petitioner forwarded this Honorable Court's Order to Plaintiff. (A true and correct copy of said correspondence has been attached hereto, made a part hereof and marked as Exhibit "C"). 5. At no time has plaintiff responded or objected to the discovery requests of petitioner nor to petitioner's prior motion. 6. Petitioner is severely prejudiced in its investigation and evaluation of this case as plaintiff has failed to submit answers to said discovery items duly served. WHEREFORE, Defendant, High Construction, Inc., r1espectfully requests that this Honorable Court sign the attached Order directing Plaintiff to submit answers to the discovery requests of Defendant duly served upon them within twenty (20) days or suffer fhrther sanctions, and that Plaintiff shall reimburse Defendant $500.00 for the costs incurred in seeking the Court's intervention to compel said answers upon. Respectfully submitted, C Attorney for Defendant, High Construction, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Petition to Enforce a Rule to Show Cause of Defendant, High Construction, Inc. was served on January 31,2003 by first class mail, postage prepaid on the following counsel: Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Matthew L. Owens, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Rd., Ste. B Harrisburg, P A 17112 Boss Manufacturing Co. 221 West First Street Kewanee, IL 61443 Respectfully submitted, BY: t.. CIRO UIRE Attorney for Defendant, High Construction, Inc. VERIFICA TION I, CIRO TUFANO, Esquire, hereby verify that I am the attorney for Defendant herein, and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. EXHIBIT" A" POST & SCHELL, P.C. BY: GLENN CAMPBELL CIRO TUFANO I.D. # 51059/82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys For Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. ORDER AND NOW, this day of , 2002, upon consideration of the Motion to Comp{ Answers to Request for Production of Documents of Defendant, High Construction, Inc., it is' hereb ORDERED and DECREED that said Motion is GRANTED and that Plaintiff shall provide full an complete answers to Defendant, High Construction, Inc.'s. Requests for Production of Documents withi twenty (20) days hereof or suffer further sanctions upon application to this Court for hearing. BY THE COURT: J. FILE POST & SCHELL, P.C. BY: GLENN CAMPBELL CIRO TUFANO I.D. # 51059/82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys For Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. MOTION TO COMPEL ANSWERS TO REQUESTS FOR PRODUCTION OF DOCUMENTS OF DEFENDANT. HIGH CONSTRUCTION. INC. Defendant, High Construction, Inc. ('moving defendant") hereby moves this Honorable Court t, compel Plaintiff to submit responses to the Requests for :Production of Documents of moving defendar duly served upon Plaintiff and in support thereof aver as fi)l1ows: 1. Moving defendant served said discovery items upon Plaintiff on September 13, 2002. (1 true and correct copy of said letter is attached hereto, made a part hereof and marked as Exhibit "A"). 2. By letter dated October 28, 2002, counsel for moving defendant informed plaintiff counsel that if answers to said discovery items were not received within ten (10) days the instant motio would be filed. (A true and correct copy of said correspondence has been attached hereto and marked a Exhibit "B"). 3. At no time has plaintiff responded or objected to the discovery requests of movin defendant. 4. Moving defendant is severely prejudiced in its investigation and evaluation of this case ~ plaintiff has failed to submit answers to said discovery items duly served. WHEREFORE, Defendant, High Construction, Inc., respectfully requests that this Honorabl Court sign the attached Order directing Plaintiff to submit answers to the discovery requests ofDefendar duly served upon them within twenty (20) days or suffer further sanctions upon application to this Court Respectfully submitted, POST & SCHELL, P.C. ~ii~2 Attorney for Defendant, High Construction, Inc. , . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Motion to Compel Answers to Request~ for Production of Documents of Defendant, High Construction, Inc. was served on December 6,2002 by first class mail, postage prepaid on the following counsel: Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle,PA 17013 Edward J. McGinn, Jr., Esq. Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Phila., PA 19103-4979 Boss Manufacturing c/o United Rentals, Inc. 4 Interchange Place York, PA 17402 Respectfully submitted, BY: CIRO TUFANO, ESQUIRE Attorney for Defendant, High Construction, Inc. . ,. II VERIFICATION I, CIRO TUF AND, Esquire, hereby verify that I am the attorney for Defendant herein, and th, the facts set forth in the foregoing are true and correct to the best of my knowledge, information an belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sectio 4904 relating to unsworn falsification to authorities. ~IDRE ., . EXHIBIT "A" po~ SCHEILpc ATTORNEYS AT LAW Giro Tufano Direct Dial: 215-587-1175 ' GTufano@postschell.com File #: 112532 September 13, 2002 Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street . Carlisle, P A 17013 RE: Lybrand v. High Concrete Structures, Inc" Dear Mr. McKnight: PENNSYLVANIA Enclosed please find the following: PHILADELPHIA 1) Interrogatories of Defendant, High Construction, Inc. Directed to Plaintiffs; PITTSBURGH HA!IRlS6URG 2) Expert Interrogatories of Defendant, High Construction, Inc. Directed to Plaintiffs; and LANCASTeR 3) Request for Production of Documents of Defendcmt, High Construction, Inc. Directed to Plaintiffs ALLENTOVIN I would appreciate you responding to same pursuant to the Rules of Civil Procedure. New JERSEY VooRH:ES Thank you for your attention to this matter. Very truly yours, Ciro Tufano CT:ebk Encs. CC: Edward 1. McGinn, Jr., Esq. Boss Manufacturing w/enc. FILE 1800 JoHN F. KENNEDY BouLEVARD PHIlADELPHIA, PA 19103-7480 215.587.1000 WWW.POSTSCHELL.COM A PENNSYLVANIA PROFESSIONAL CORPORATION I I \ 4 EXHIBIT "B" . 4' . IRWIN McKNIGHT & HUGhES LA W OFFICES ROGER B.IRlf7N MARCUS A. McKNIGHT. /1/ JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER Ciro Tufano, Esquire POST & SCHELL 1800 JFK Boulevard, i 9th Floor Philadelphia, P A 19103 WEST POMFRET PROFESS10NAL BUILDING 60 WEST POA-fFRET STREET CARLISLE, PENNSYLVAN1A 17013-3222 (717) 249-2353' FAX (717) 249-6354 . E-MAIL: IMHLAW@SUPERj.ET.COM HAROLDS.IRIf7N (1915-/977) H.{ROLD S. JRIf7,v. JR. (/954-/9S6) IRlf7,\: IRH7,\[ & IRIHN (/956-/986) IRWI,\: IRH7N & McKNIGHT (/986-/9, IRWIN. McKNIGHT & HUGHES (/994- 61//d5~ October 30, 2002 Re: Lybrand v. United Rentals, Inc. and High Construction, Inc. Dear Mr. Tufano: I have reviewed the Interrogatories and, unfortunately, they are far in excess of the forty (40) questions which are limited by the Local Rules of Cumberland County. My client therefore has answered those questions he was able to answer. Please call me to discuss this case. MAM/mln Enc!. cc: Mr. Clair L. Lybrand Marc ~ ~, '!II EXHIBIT "B" . . 6tfJ/; / q$ 2J d. / I MErlio.,~ "')us ~ ,. CLAIR L. LYBRAND and: NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW UNITED RENTALS, INC., HIGH CONSTRUCTION, : INC., and BOSS MANUFACTURING, Defendants NO. 01- 6588 ORDER OF COURT AND NOW, this 23rd day of December, 2002, upon consideration of the Motion To Compel Answers to Requests for Production of Documents of Defendant, High Construction, Inc., a Rule i~ hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Marcus McKnight, Esq. 60 West Pomfret Street Carlisle, P A 17013 Edward J. McGinn, Jr., Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 1845 Walnut Street Philadelphia, PA 19103-4979 Glenn ampbell, Esq. Ciro ufano, Esq. o JFK Boulevard 19th Floor Philadelphia:, P A 19103 Boss Manufacturing c/o United Rentals, Inc. 4 Interchange Place York, PA 17402 :rc t ... , ... EXHIBIT "C" . .. - , Ciro Tufano Direct Dial: 215-587-1175 CTufano@poslschell.com File #: 112532 January 2, 2003 Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 RE: Lybrand v. High Concrete Structures, Inc. PENNSYLVANIA Dear Mr. McKnight: P~~~Jb'fc,~~ Please find enclosed herewith the court order which I received with regard to the above referenced matter. I am forwarding this to all counsel to ensure that there is service of the same. P~II~~gb~~I~ PITTSBURGH HARRISBURG Ht.:~~~:~R Thank you for your attention to this matter. LANCASTER -ALLENTOWN Very truly yours, ALLENTOWN NEW JERSEY New JERSEY VOORHEES Ciro Tufano CT:ebk VOORHEES cc: Matthew Owens, Esquire Boss Manufacturing c/o United Rentals, Inc. 18qllob>!t~tfrq ~.EIl!~R~~~D P~~1l}1If,.6pA91~3~0 21f1Yl58~0 W~ffit~thP~M A lEfllmj(j~'WAt-rI~W6~~~t!MA<r~~J&r'6N (") c s: "ue-" nq': , Z. :)0] ze <.rJ .', 2 "'-- :>;; (-) .<, ('- ~.J .,;- r-" ....-. ~ . "'............ o c,~ -" j 1"'1 CO I (.,,) ~ ""'D ~:~~ Z~~ brn. =t:~ <-0 =< :J;: w :J &'" POST & SCHELL, P.C. BY: GLENN CAMPBELL CIRO TUFANO I.D. # 51059/82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys For Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. ORDER AND NOW, this day of , 2003, upon consideration of the Petition to Enforce a Rule to Show Cause of Defendant, High Construction, Inc., it is hereby ORDERED and DECREED that said Petition is GRANTED and that Plaintiff shall provide full and complete answers to Defendant, High Construction, Inc.'s Requests for Production of Documents within twenty (20) days hereof or suffer further sanctions, and that Plaintiff shall reimburse Defendant $500.00 for the costs incurred in seeking the Court's intervention to compel said answers. It is further ORDERED that counsel for Plaintiff, Marcus McKnight, Esquire, shall be notified of this Honorable Court's Order at the following address: Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013. BY THE COURT: 1. CLAIR L. LYBRAND and: NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU1~TY, PENNSYLVANIA v. CIVIL ACTION - LA ~V UNITED RENTALS, INC., HIGH CONSTRUCTION, : INC., and BOSS MANUFACTURING, Defendants NO. 01- 6588 IN RE: PETITION TO ENFORCE RULE TO SHOW CAUSE OF DEFENDANT, HIGH CONSTRUCTION, INC. ORDER OF COURT AND NOW, this 10th day of February, 2003, the Rule issued in the above matter on December 23, 2002, is made absolute and Plaintiffs: are directed to serve full and complete answers on the Motion To Compel Answers to Requests for Production of Documents of Defendant, High Construction, Inc., within 20 days of service. BY THE COURT, J. esley Oler~ ., /Marcus McKnight, Esq. 60 West Pomfret Street Carlisle, P A 17013 >4it 02. -J;{ - cf3 ( Matthew L. Owens, Esq. 4200 Crums Mill Road Suite B Harrisburg, PAl 7112 V1NV/\lASNN3d 1 I\.. ;r,........'-) r, f""i~ ~-1r;.f.'1f"";1...... l\d..~\'~ "): '; ;,~."I"-:t,~:n!t J 80 : I Hd Z I 81:180 AU"/lC'::<~....; ,_\. :]~.::.. jO 3~)\L:,)'c:,r\':! Glenn Campbell, Esq. Ciro Tufano, Esq. 1800 JFK Boulevard 19th Floor Philadelphia, P A 19103 Attorneys for Defendant High Construction, Inc. Boss Manufacturing 4 Interchange Place York, PA 17402 :rc POST & SCHELL, P.C. BY: CIRO TUFANO I.D. # 82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys ][for Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. MOTION TO COMPEL ANSWERS TO REQUESTS FOR PRODUCTION OF DOCUMENTS OF DEFENDANT. HIGH CONSTRUCTION. INC. Defendant, High Construction, Inc. ('moving defendant") hereby moves this Honorable Court to compel Answers to Request for Production of Documents of Defendant, High Construction, Inc., and compel Plaintiffs to reimburse moving defendant in the amount of one thousand five hundred dollars ($1500.00) for expenses incurred in seeking this Court's intervention to compel production of otherwise discoverable information, and in support thereof aver as follows: 1. Moving defendant served said discovery items upon Plaintiff on September 13, 2002. (A true and correct copy of said letter is attached hereto, made a part hereof and marked as Exhibit "A"). 2. By letter dated October 28, 2002, counsel for movmg defendant informed plaintiff's counsel that if answers to said discovery items were not received within ten (10) days the instant motion would be filed. (A true and correct copy of said correspondence has been attached hereto and marked as Exhibit "B"). 3. At no time did plaintiffs respond or object to the discovery requests of moving defendant. 4. Accordingly, on or about December 6, 2002, counsel for moving defendant filed a motion to compel plaintiff to respond to its discovery requests, (A true and correct copy of said motion has been attached hereto and marked as Exhibit "C"). 5. On December 23, 2002, this Honorable Court entered an Order issuing a Rule upon plaintiffs to show cause why the relief requested in moving defendant's motion to compel should not be granted. (A true and correct copy of said Order has been attached hereto and marked as Exhibit "D"). 6. On January 2, 2003, counsel for moving defendant forwarded this Honorable Court's Order to Plaintiff. (A true and correct copy of said correspondence has been attached hereto, made a part hereof and marked as Exhibit "E"). 7. At no time did plaintiffs respond to said Order nor to the discovery requests of moving defendant or object to the same. 8. Consequently, moving defendant filed a petition to enforce this Honorable Court's Order of January 2,2003 on January 31,2003. (A true and correct copy of said Petition has been attached hereto and marked as Exhibit "F"). 9. Again, at no time did plaintiffs respond to said Petition nor to the discovery requests of moving defendant or object to the same. 10. As a result, this Honorable Court entered an Order on February 10,2003 making the December 23, 2002 Rule absolute and compelling plaintiffs to provide full and complete answers within twenty (20) days of service thereof. (A true and correct copy of said Order has been attached hereto and marked as Exhibit "G"). 11. On February 19, 2003, counsel for moving defendant forwarded this Honorable Court's Order of February 10, 2003 to Plaintiffs. (A true and correct copy of said correspondence has been attached hereto, made a part hereof and marked as Exhibit "H"). 12. Once again, to date, plaintiffs have yet to respond to any of this Honorable Court's Orders nor respond to or object to the discovery requests of moving defendant. 13. Pursuant to Pennsylvania Rules of Civil Procedure, Rule 4019 (a)(1) The court may, on motion, make an appropriate order if (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery **** (c) The court, when acting under subdivision (a) of this rule, may make (5) such order with regard to the failure to make discovery as is just. 14. The Pennsylvania Superior Court has identified the following factors for trial courts to consider when determining an appropriate sanction under Rule 4019: (1) the nature and severity of the discovery violation; (2) the defaulting party's willfulness or bad faith; (3) prejudice to the opposing party; (4) the ability to cure the prejudice; and (5) the importance of the precluded evidence in light of the failure to comply. Luszczynski v. Bradley, 1999 PA Super 85,87729 A.2d 83,87 (1999). 15. Prejudice for purposes of discovery violation is "said to result any time there is 'a substantial diminution of a party's ability to properly present its case.'" Stewart v. Rossi, 452 Pa.Super. 120, 128, 681 A.2d 214, 218 (1996) appeal denied Stewart v. Rossi, 547 Pa. 731, 689 A.2d 235 (1997) (citations omitted). 16. Plaintiffs have consistently disregarded this Honorable Court's Orders and moving defendant's requests for production of documents. 17. Moving defendant is severely prejudiced in its investigation and evaluation of this case as plaintiffs has failed to submit answers to said discovery items duly served. WHEREFORE, Defendant, High Construction, Inc., respectfully requests that this Honorable Court sign the attached Order directing Plaintiff to submit answers to the discovery requests of Defendant duly served upon them within twenty (20) days and compel Plaintiffs to reimburse moving defendant in the amount of one thousand five hundred dollars ($1500.00) for expenses incurred in seeking this Court's intervention to compel production of otherwise discoverable information. Respectfully submitted, PO~ BY: CIRO TUFANO, ESQUIRE Attorney for Defendant, High Construction, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Motion to Compel Answers to Requests for Production of Documents and for Sanctions of Defendant, High Construction, Inc. was served on March 13, 2003 by first class mail, postage prepaid on the following counsel: Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 Matthew Owens, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite "B" Harrisburg, PAl 7112 Boss Manufacturing 221 West First Street Kewanee, IL 61443 Respectfully submitted, POST & SCHELL, P.C. /7~ By.-L CIRO T~ QUIRE Attorney for Defendant, High Construction, Inc. VERIFICA TION I, CIRO TUFANO, Esquire, hereby verify that I am the attorney for Defendant herein, and that the facts set forth in the foregoing are true and conect to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~UmE Exhibit A po.S2\ SCHELLpc ATTORNEYS AT LAW Ciro Tufano Direct Dial: 215-587-1175 CTufano@postschell.com File #: 112532 September 13, 2002 Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 RE: Lybrand v. High Concrete Structures, Inc. Dear Mr. McKnight: PENNSYLVANIA Enclosed please find the following: PHILADELPHIA 1) Interrogatories of Defendant, High Construction, Inc. Directed to Plaintiffs; PITTSBURGH HARRISBURG 2) Expert Interrogatories of Defendant, High Construction, Inc. Directed to Plaintiffs; and LANCASTER 3) Request for Production of Documents of Defendant, High Construction, Inc. Directed to Plaintiffs ALLENTOWN I would appreciate you responding to same pursuant to the Rules of Civil Procedure. NEW JERSEY Thank you for your attention to this matter. VOORHEES Very truly yours, Ciro Tufano CT:ebk Encs. CC: Edward J. McGinn, Jr., Esq. Boss Manufacturing w/enc. 1800 JOHN F. KENNEDY BoULEVARD PHILADELPHIA, PA 19103.7480 215.S87.1000 WWW.POSTSCHELL.COM A PENNSYLVANIA PROFESSIONAL CORPORA""ION Exhibit B poru SCHEIL~ ATTORNEYS AT LAW Ciro Tufano Direct Dial: 215-587-1175 Facsimile: 215-587-1444 CTufano@poslschell.com File #: 112532 October 28, 2002 Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 RE: Lybrand v. High Concrete Structures, Inc. Dear Mr. McKnight: PENNSYLVANIA PHILADELPHIA Reference is made to my September 13, 2002 correspondence wherein I enclosed Defendant, High Concrete Structures, Inc. 's, Interrogatories, Expert Interrogatories and Requests for Production of Documents Directed to Plaintiff. Please be advised that I have yet to receive a response to these discovery requests. Accordingly, if I do not receive a response to these requests within ten (10) days, I will have no choice but to seek the court's intervention. PITTSBURGH HARRISBURG LANCASTER Thank you for your attention to this matter. ALLENTOWN Very truly yours, NEW JERSEY VOORHEES Ciro Tufano CT:ebk Encs. cc: Edward J. McGinn, Jr., Esq. Boss Manufacturing 1800 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-7480 215.587.1000 WWW.POSTSCHELL.COM A PENNSYLVANIA PROFESSIONAL CORPORATION Exhibit C POST & SCHELL, P.e. BY: GLENN CAMPBELL CIRO TUFANO I.D. # 51059/82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys For Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. ORDER AND NOW, this day of , 2002, upon consideration of the Motion to Compel Answers to Request for Production of Documents of Defendant, High Construction, Inc., it is hereby ORDERED and DECREED that said Motion is GRANTED and that Plaintiff shall provide full anc' complete answers to Defendant, High Construction, Inc.'s Requests for Production of Documents withir twenty (20) days hereof or suffer further sanctions upon application to this Court for hearing. BY THE COURT: J. \ FILE POST & SCHELL, P.C. BY: GLENN CAMPBELL CIRO TUFANO I.D. # 51059/82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys For Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. MOTION TO COMPEL ANSWERS TO REQUESTS FOR PRODUCTION OF DOCUMENTS OF DEFENDANT. HIGH CONSTRUCTION. INC. Defendant, High Construction, Inc. ('moving defendant") hereby moves this Honorable Court t compel Plaintiff to submit responses to the Requests for Production of Documents of moving defendar duly served upon Plaintiff and in support thereof aver as fi)llows: 1. Moving defendant served said discovery items upon Plaintiff on September 13, 2002. (1 true and correct copy of said letter is attached hereto, made a part hereof and marked as Exhibit "A"). 2. By letter dated October 28, 2002, counsel for moving defendant informed plaintiff counsel that if answers to said discovery items were not r,eceived within ten (10) days the instant motio would be filed. (A true and correct copy of said correspondence has been attached hereto and marked" Exhibit "B"). 3. At no time has plaintiff responded or objected to the discovery requests of movin defendant. \ 4. Moving defendant is severely prejudiced in its investigation and evaluation of this case, plaintiff has failed to submit answers to said discovery items duly served. WHEREFORE, Defendant, High Construction, Inc., respectfully requests that this Honorabi Court sign the attached Order directing Plaintiffto submit answers to the discovery requests ofDefendar duly served upon them within twenty (20) days or suffer further sanctions upon application to this Court. Respectfully submitted, POST &ZI'~C' BY' / :-J7 CIR~ ESQUIRE Attbmey for Defendant,- High Construction, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy ofthe within Motion to Compel Answers to Requests for Production of Documents of Defendant, High Construction, Inc. was served on December 6, 2002 by first class mail, postage prepaid on the following counsel: Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 Edward J. McGinn, Jr., Esq. Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Phila., P A 191 03-4979 Boss Manufacturing c/o United Rentals, Inc. 4 Interchange Place York, PA 17402 Respectfully submitted, BY: CIRO TUFANO, ESQUIRE Attorne:y for Defendant, High Construction, Inc. VERIFICA TION I, CIRO TUFANO, Esquire, hereby verify that I am the attorney for Defendant herein, and tha the facts set forth in the foregoing are true and correct to the best of my knowledge, information ant belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. SectiOI 4904 relating to unsworn falsification to authorities. ~ CIRO"ruFANO, ESQUIRE \ EXHIBIT "A" po~ SCHEILpc ATTORNEYS AT LAW Giro Tufano Direct Dial: 215-587-1175 GTufano@postschell.eom File #: 112532 September 13, 2002 Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street . Carlisle, P A 17013 RE: Lybrand v. High Concrete Structures, Inc. Dear Mr. McKnight: PENNSYLVANIA Enclosed please find the following: PHILADELPHIA 1) Interrogatories of Defendant, High Constmction, Inc. Directed to Plaintiffs; PITTSBURGH HAllR1S5URG 2) Expert Interrogatories of Defendant, High Construction, Inc. Directed to Plaintiffs; and LANCASTER 3) Request for Production of Documents of Defendant, High Construction, Inc. Directed to Plaintiffs ALLENTOWN I would appreciate you responding to same pursuant to the Rules of Civil Procedure. New JERSEY VooRHlOES Thank you for your attention to this matter. Very truly yours, Ciro Tufano CT:ebk Encs. CC: Edward 1. McGinn, Jr., Esq. Boss Manufacturing w/enc. FILE 1800 joHN F. KeNNEDY BouLEVARD I'HILADEU'HIA, PA 19103-7480 215.587.1000 WWW.POSTScHELL.COM A PENNSYLVANIA PROFESSIONAL CORPORATION EXHIBIT "B" LA W OFFICES IRWIN McKNIGH~r & HUGl1ES ROGER B.IRlf7N MARCUSA. McKNIGflT.1II JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESS10NAL BUILDING 60 WEST PQ.!,fFRET STREET CARL1SLE, PENNSYLVANIA 1'7013-3222 (717) 249-2353 FAX (7/7) 249-6354 ' E-MAIL: IMHLAW@SUPER...ET.COM October 30, 2002 HAROLDS./RIf7N (1915-1977) HAROLD S. IRIf7N. JR. (/954-19/16) IRWIN. IRH7N & IRIf7N (/956-1986) IRlm.: IRH7N & McKNIGHT (l986-199~ IRWIN, McKNIGHT & HUGHES (1991- , 61//d5.2 Ciro Tufano, Esquire POST & SCHELL 1800 JFK Boulevard, i 9th Floor Philadelphia, P A 19103 Re: Lybrand v. United Rentals, Inc. and High Construction, Inc. Dear Mr. Tufano: I have reviewed the Interrogatories and, unfortunately, they are far in excess of the forty (40) questions which are limited by the Local Rules of Cumberland County. My client therefo're has answered those questions he was able to answer. Please call me to discuss this case. 7M M=t. MAM/mln Enc!. cc: Mr. Clair L. Lybrand Exhibit D 6112~~~ _ CLAIR L. LYBRAND and: NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW UNITED RENTALS, INC., HIGH CONSTRUCTION, : INC., and BOSS MANUFACTURING, Defendants NO. 01- 6588 ORDER OF COURT AND NOW, this 23rd day of December, 2002, upon consideration of the Motion To Compel Answers to Requests for Production of Documents of Defendant, High Construction, Inc., a Rule i~ hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Marcus McKnight, Esq. 60 West Pomftet Street Carlisle, P A 17013 Edward 1. McGinn, Jr., Esq. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 1845 Walnut Street Philadelphia, PA 19103-4979 Glenn ampbell, Esq. Ciro ufano, Esq. o JFK Boulevard 19th Floor Philadelphia~ P A 19103 Boss Manufacturing c/o United Rentals, Inc. 4 Interchange Place York, PA 17402 :rc Exhibit E Ciro Tufano Direct Dial: 215-587-1175 CTufano@postschell.com File #: 112532 January 2,2003 Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, P A 17013 RE: Lybrand v. High Concrete Structures, Inc. PENNSYLVANIA Dear Mr. McKnight: P~~6~ttIJ'" Please find enclosed herewith the court order which I received with regard to the above referenced matter. I am forwarding this to all counsel to ensure that there is service of the same. Pl1l~~~~7i~ PITTSBURGH HARRISBURG H~~~~~R Thank you for your attention to this matter. LANCASTER - ALLENTOWN Very truly yours, ALLENTOWN NEW JERSEY NEW JERSEY , VOORHEES Ciro Tufano CT:ebk VOORHEES cc: Matthew Owens, Esquire Boss Manufacturing c/o United Rentals, Inc. 18Cffiol9~t:ltfN 1'.EMI;j~~bij(~RD P~If~~,ff'pA9i9103~9s0 21ft!88?9i\%0 w~~OO~Lt~M A KEf>'mj!j~'VWA~I~RplfO~~'SS~A~<(.'I3fi""~JeI'bN Exhibit F POST & SCHELL, P.c. BY: GLENN CAMPBELL CIRO TUFANO I.D. # 51059/82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys For Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. ORDER AND NOW, this day of , 2003, upon consideration of the Petition to Enforce a Rule to Show Cause of Defendant, High Construction, Inc., it is hereby ORDERED and DECREED that said Petition is GRANTED and that Plaintiff shall provide full and complete answers to Defendant, High Construction, Inc.'s Requests for Production of Documents within twenty (20) days hereof or suffer further sanctions, and that Plaintiff shall reimburse Defendant $500.00 for the costs incurred in seeking the Court's intervention to compel said answers. It is further ORDERED that counsel for Plaintiff, Marcus McKnight, Esquire, shall be notified of this Honorable Court's Order at the following address: Irwin, McKnight & Hughes 60 West Pomfret St. Carlisle, PA 17013. BY THE COURT: J. POST & SCHELL, P.C. BY: GLENN CAMPBELL CIRO TUFANO I.D. # 51059/82749 1800 JFK BOULEVARD, 19TH FLOOR PHILADELPHIA, PA 19103 (215) 587-1000 CLAIR L. LYBRAND AND NANCY R. LYBRAND Attorneys For Defendant HIGH CONSTRUCTION, INC. Court of Common Pleas Cumberland County Plaintiffs, No: 2001-6588 v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. PETITION TO ENFORCE RULE TO SHOW CAUSE OF DEFENDANT. HIGH CONSTRUCTION, INC. Defendant, High Construction, Inc. ('petitioner") hereby petitions this Honorable Court to compel Plaintiff to submit responses to the Requests for Production of Documents of petitioner duly served upon Plaintiff and in support thereof aver as follows: 1. Petitioner served said discovery items upon Plaintiff on September 13,2002. (A true and correct copy of said letter has been attached as Exhibit "A'" to Defendant's initial motion to compel which has been attached hereto, made a part hereof and marked as Exhibit "A"). 2. By letter dated October 28,2002, counsel for petitioner informed plaintiff's counsel that if answers to said discovery items were not received within ten (Jl 0) days the instant motion would be filed. (A true and correct copy of said correspondence has been atta,ched as Exhibit "B" to Defendant's initial motion to compel which has been attached hereto, made a part hereof and marked as Exhibit "A"). 3. On or about December 17,2002, petitipner filed a motion to compel plaintiffto respond to \ said requests. (A true and correct copy of said motion has been attached hereto, made a part hereof and marked as Exhibit "A"). 4. On December 23, 2002, this Honorable Court issued an Order whereby Plaintiff had twenty (20) days to show cause as to petitioner's motion and the outstanding discovery. (A true and correct copy of said Order has been attached hereto, made a part hereof and marked as Exhibit "B"). 5. On January 2, 2003, counsel for petitioner forwarded this Honorable Court's Order to Plaintiff. (A true and correct copy of said correspondence has been attached hereto, made a part hereof and marked as Exhibit "C"). 5. At no time has plaintiff responded or obj ected to the discovery requests of petitioner nor to petitioner's prior motion. 6. Petitioner is severely prejudiced in its investigation and evaluation of this case as plaintiff has failed to submit answers to said discovery items duly served. WHEREFORE, Defendant, High Construction, Inc., respectfully requests that this Honorable Court sign the attached Order directing Plaintiffto submit answers to the discovery requests of Defendant duly served upon them within twenty (20) days or suffer further sanctions, and that Plaintiff shall reimburse Defendant $500.00 for the costs incurred in seeking the Court's intervention to compel said answers upon. Respectfully submitted, POST & SCHELL, P.e. BY: CIRO TUFANO, ESQUIRE Attorney for Defendant, High Construction, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Petition to Enforce a Rule to Show Cause of Defendant, High Construction, Inc. was served on January 31, 2003 by first class mail, postage prepaid on the following counsel: Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Matthew L. Owens, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Rd., Ste. B Harrisburg, PA 17112 Boss Manufacturing Co. 221 West First Street Kewanee, IL 61443 Respectfully submitted, POST & SCHELL, P.C. BY: CIRO TUFANO, ESQUIRE Attorney for Defendant, High Construction, Inc. VERIFICATION I, CIRO TUFANO, Esquire, hereby verify that I am the attorney for Defendant herein, and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. CIRO TUFANO, ESQUIRE Exhibit G //;;5.3;] CLAIR L. LYBRAND and: NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlJNTY, PENNSYL VANIA v. . CIVIL ACTION - LAW lJNITED RENTALS, INC., HIGH CONSTRUCTION, : INC., and BOSS MANUF ACTURING, Defendants NO. 01- 6588 IN RE: PETITION TO ENFORCE RULE TO SHOW CAUSE OF DEFENDANT, HIGH CONSTRUCTION, INC. ORDER OF COURT AND NOW, this 10th day of February, 2003, the Rule issued in the above matter on December 23', 2002, is made absolute and Plaintiffs are qirected to serve full and complete answers on .the Motion To Compel Answers to Requests for Production of Documents of Defendant, High Construction, Inc., within 20 days of service. BY THE COURT, esley Oler Marcus McKnight, Esq. 60 West Pomfret Street Carlisle, P A 17013 Matthew L. Owens, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 Glenn Campbell, Esq. Aro Tufano, Esq. . / 1800 JFK Boulevard L 19th Floor Philadelphia, P A 19103 Attorneys for Defendant High Construction, Inc. Boss Manufacturing 4 Interchange Place York, PA 17402 :rc Exhibit H pdS2\ SCHEIL~ ATTORNEYS AT LAW CIRO TUFANO Direct Dial: 215-587-1175 Fax Number: 215-587-1444 ctufano@postschell.com File #: 112532 February 19, 2003 Marcus McKnight, Esq. Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 RE: Lybrand v. High Concrete Structures, Inc. PENNSYLVANIA Dear Mr. McKnight: PHILADELPHIA LANCASTER Please find enclosed herewith, a copy of the court's order compelling you to respond to Defendant, High Concrete Structures, Inc.'s discovery requests within twenty (20) days of service of the same. Naturally, you can understand that without these response my client is severely prejudiced in its ability to adequately fashion a defense to your client's claims and to properly evaluate the same. PITTSBURGH HARRISBURG ALLENTOWN Thank you for your attention to this matter and your anticipated cooperation. NEW JERSEY VOORHEES Very truly yours, CIRO TUFANO CT:ebk Enclosure cc: Matthew Owens, Esq.(w/enclosure) Boss Manufacturing (w/enclosure) 1800 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-7480 215.587.1000 WWW.POSTSCHELL.COM A PENNSYLVANIA PROFESSIONAL CORPORATION ~. '. () c::; 0 ~,; .-' "i -if "--! ~ 5~ 'f.':': '1:J 1-" ":-";,J. ~-" IT' Li ;J :_~~' .<- r~ <t:z :l --.? ~'1 .L._ c..; , (~) -<..... r-' '. ~ , ,1:'.,.- -Tl C; ,,\-:,:- ;n :i, ~) ~. -I ~> ~~ ::::> J -< (fl ~ ( ---, · T CLAIR L. LYBRAND and: NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW UNITED RENTALS, INC., HIGH CONSTRUCTION, : INC., and BOSS MANUFACTURING, Defendants NO. 01- 6588 ORDER OF COURT AND NOW, this 24th day of March, 2003, upon consideration of the "Motion To Compel Answers to Requests for Production of Documents of Defendant, High Construction, Inc.," which will be regarded as a motion for sanctions, a hearing is scheduled for Thursday, May 29, 2003, at 10:15 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. Marcus McKnight, Esq. 60 West Pomfret Street Carlisle, P A 17013 Matthew L. Owens, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 -~ /tIA~ 3 ~.J S"~ 03 ~ ~.~ \1l i\4' ./;\l/~,S>~..,,! i\!:J d }..J r:~~..:!'\rflJ 6 s :fJllri 1-1 U Ciro Tufano, Esq. 1800 JFK Boulevard 19th Floor Philadelphia, P A 19103 Attorneys for Defendant High Construction, Inc. Boss Manufacturing 4 Interchange Place York, PA 17402 :rc \ ~-- \ CLAIR L. LYBRAND and : NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COIJNTY,"PENNSYL VANIA v. CIVIL ACTION - LAW UNITED RENTALS, INC., HIGH CONSTRUCTION, : INC., and BOSS MANUFACTURING, Defendants NO. 01- 6588 ORDER OF COURT AND NOW, this 24th day of April, 2003, upon consideration of the attached letter from Ciro Tufano, Esq., attorney for Defendant High Construction, Inc., the hearing previously scheduled for May 29, 2003, is rescheduled to Wednesday, June 25, 2003, at 11 :00 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, -MMcus McKnight, Esq. 60 West Pomfret Street Carlisle, P A 17013 -, /~j'/ I' / I I / ' , (i, 1./ /1/ ,'// /. 1,//\;' ,: C /. / l-"J .../\" \ -! ! I ! ~"'T () l- I .r. jvvesley Oh::r, Jr., J. j ~atthew L. Owens, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 ;/ tap;tu 1") R\\g 01/-21./-03 /t.\P-'O ~6o,E~. ^ '- V7NVI\1~SNN3d AlNno.) O\/I;r;;-1=j8?mO l C ';1, I' '';Ii \ldH "0 .;;] :c., ,',d lie, (j if t:"i ),ClV1C;j:J: ,:; /.L ::10 j~)iJ~()-i.r.j. ii:} ~ufano, Esq. 1800 JFK Boulevard 19th Floor Philadelphia, PA 19103 Attorneys for Defendant High Construction, Inc. ~ Manufacturing 4 Interchange Place York, PA 17402 :rc ~ \l7~cl Lf iJ1/~ 3 ~ pdST:1 SCHEILpc ATTORNEYS AT LAW CIRO TUFANO Direct Dial: 215-587-1175 Fax Number: 215-587-1444 ctufano@postscheIJ.com File #: 112532 April 9, 2003 Honorable Judge J. Wesley 0ler, Jr. Cumberland County Courthouse One Court House Square Carlise, P A 17013 RE: LYBRAND V. UNITED RENTALS, INC. CCP. NO. 2001-6588 t PENNSYLVANIA Dear Judge 0ler: PHILADELPHIA PITTSBURGH Reference is made to the hearing in the above referenced matter to determine our motion for sanctions against plaintiff, which is currently scheduled for May 29,2003 at 10:15 a.m.. I am writing to you to request that this date be continued to a later time. I will be leaving for my honeymoon on May 19, 2003 and will not be returning until June 1, 2003; this vacation has been scheduled and prepaid for quite some time. HARRISBURG LANCASTER ALLENTOWN Thank you for your attention to this matter. If I can be of any assistance to you in any capacity, please do not hesitate to contact me. NEW JERSEY PRINCETON CT:ebk cc: Marcus McKnight, Esq. Steven J. Barcavage, Esq. Boss Manufacturing APR 1 4 2003 1800 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103.7480 215.587.1000 WWW.POSTSCHELL.COM A PENNSYLVANIA PROFESSIONAL CORPORATION " f CLAIR L. LYBRAND and: NANCY R. LYBRAND, Plaintiffs v. UNITED RENTALS, INC., HIGH CONSTRUCTION, : INC., and BOSS MANUFACTURING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- 6588 ORDER OF COURT AND NOW, this 25th day of June, 2003, upon consideration of the attached letter from Ciro Tufano, Esq., attorney for Defendant High Construction, Inc., the hearing previously scheduled for June 25, 2003, is cancelled. Marcus McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 Matthew L. Owens, Esq. 4200 Crums Mill Road Suite B Harrisburg, PA 17112 BY THE COURT, (p 'd 7~ 0' (I' ~ ~ VlN\f!il.\SNN3d ,.uNnO:~j G~.r1'i:J38~"Ina i Z :S ~~d 9Z HflnO AlJVlOi .ul i..,:j;"J ~Hl :10 3"I:l~" 0"111 v..lr"c ~ ,: Ciro Tufano, Esq. 1800 JFK Boulevard 19th Floor Philadelphia, P A 19103 Attorneys for Defendant High Construction, Inc. Boss Manufacturing 4 Interchange Place York, PA 17402 :rc ~ /;) 7 r{;3 cr'1 ~ IUN 25 2003 11:36 FR 1234578+ TO 1111278831117172406 P.02/02 . >---- POST,. "1 SCHEIL,. A.t"'(JI\N.t:'I'~ /10'1' LAW CIRO TUFANO DIrect Dial: 215-587.1175 Fa. Number: 21~7-1444 ctufano@po5lScllell.com File #: 112532 June 25, 2003 RE: VL4 FACSIMILE (717-240-6200 AND REGULAR MAIL) Honorable Judge J. Wesley Oler. Jr. Cumberland County Courthouse One Court House Square Carlise, P A 17013 LYBRAND V. UNITED RENTALS, INC. CCP. NO. 2001-6588 F'ENN5TlV.llfll\A f'HllADEL"MIA Dear Judge Oler: PlnSaUI'lGH R.eference is made to the hearing in the above referenced matter to determine our motion for sanctions against plaintiff, which is currently scheduled for June 25, 2003 at 11:00 a.m.. Please allow me to advise you that plaintiff has settled his action against my client, High Construction, and therefore I will be withdrawing my motion for sanctions as the same is now moot. HARRI~8uRG U,NCAr.rr.R ALLlfNTOWN NEW JERSEY Thank you for your attention to this matter. If I can be of any assistance to you in any capacity, please do not hesitate to contact me. F'1l:1NCIITON Very truly yours, ~/~;!f' i~1L CT:ebk co: Marcus McKnight, Esq. Steven J. Barcavage, Esq. Boss Manufacturing 1100 JOHN F. KENNEDY Bo~Mtl PHllADELJOHIA, p", t(l103.7480 215.587.1000 WWW.f.OSTSCtlfLL.COM A PENN5TLVANI... PROI".SSIONAL CORPORATION ** TOTRL PRGE.02 ** , POST & SCHELL, P.c. BY: CIRO TUFANO LD. #:82749 1800 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103-7480 215-587 -1000 ATTORNEYS FOR DEFENDANT HIGH CONSTRUCTION, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CLAIR L. LYBRAND AND NANCY R. LYBRAND NO: 2001-6588 Plaintiffs, v. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. AND BOSS MANUFACTURING Defendants. AMENDED NEW MATTER OF DEFENDANT, HIGH CONSTRUCTION, INC. TO PLEAD RELEASE Defendant, by and through its counsel, Post & Schell, P.C., hereby files this Amended New Matter in order to plead a release in this matter as follows: 1. Plaintiffs, Clair L. Lybrand and Nancy R. Lybrand ("plaintiffs") and defendant, High Construction, Inc. ("High"), have entered into a Joint Tortfeasor Release, thus fully resolving all claims by these Plaintiffs against this Defendant only. 2. This release may be introduced into evidence at the time of trial for this purpose. 3. Pursuant to the release, all direct claims by Plaintiffs against High are fully discharged and released. 4. Pursuant to the release, any recovery by the Plaintiffs against any other parties to this litigation shall be reduced by the pro rata share of liability that may be found on the part of High. WHEREFORE, Defendant, High Construction, Inc., respectfully requests judgment in its favor. Respectfully submitted, BY: CI 0 TUFANO, ESQUI Attorney for Defendant, High Construction, Inc. 8 0 0 w -n s:: (,,- ~1': rHlXJ c: rn z [)lfD Z:X.r W -'":IP-' 21 )9 (j) .l;' a (;)(~ ~c' ..", .c:;!" '< . ~iig ~- :-z l.' :>0 f',., :....; C ~ ~ ;:- :0 f>.:J -< CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2001-6588 CIVIL TERM v. CNIL ACTION - LAW UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants JURY TRIAL DEMANDED PETITION FOR STATUS CONFERENCE AND NOW comes Defendant, United Rentals, Inc., by and through its counsel, Marshall, Dennehey, Warner, Coleman & Goggin, who hereby requests a Status Conference and in support thereof states the following: I. Plaintiffs, Clair L. Lybrand and Nancy R. Lybrand, filed the Complaint in this matter on or about August 9, 2002. 2. Defendant forwarded Interrogatories and Request for Production of Documents to Plaintiffs on January 14, 2003. 3. Since that time Defendant has requested that Plaintiff answer all outstanding discovery so that this case can be moved toward trial. 4. To date, Plaintiffs have not responded to Defendant's discovery requests. 5. Defendant requests a Status Conference in order to discuss resolution of all outstanding discovery issues and to set a deadline for the completion of discovery, to include depositions and production of expert reports. 6. Counsel for the respective parties have been informed of Defendant's request for a Status Conference. WHEREFORE, Defendant, United Rentals, Inc., requests this Honorable Court to schedule a Status Conference to address the issues raised herein. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: DATE: P J. BARCA V AGE, ESQUIRE LD. o. 78867 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for Defendant United Rentals 2 CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. 2001.6588 CIVIL TERM UNITED RENTALS, INC., HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants CNIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ] , Z "II, I, I-VJ7(' /c;.. , k, an employee of Marshall, Dennehey, Warner, Coleman & , Goggin, do he~eby certify that on this ~I.Lday of April, 2004, I served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: Marcus A. McKnight III, Esquire IRWIN, MCKNIGHT & HUGHES West Pomfret Professional Building 60 West Pomfret Street Carlisle, P A 17013-3222 Ciro Tufano, Esquire POST & SCHELL 1800 John F. Kennedy Boulevard Philadelphia, P A 19103-7480 Boss Manufacturing Co. 221 West First Street Kewanee, IL 61443 1 iit~~Lt,-- c. CJ f:; :rr-r '>' ~~ ~:: J" -~ y'~ . :::~::. ;~ ~J "" g .r- """ --'0 ;.:;0 I en o ., :y:l,. rl1-," r+- -'Onl (:pC? ......) "- =i'9 ~2 ~~~ (~ll n ~JE -< ~ ..... W +" CLAIR L. LYBRAND and : NANCY R. LYBRAND, Plaintiffs v. UNITED RENTALS, INC., HIGH CONSTRUCTION, : INC., and BOSS MANUFACTURING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 01- 6588 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of April, 2004, upon consideration of Defendant United Rentals, Inco's Petition for Status Conference, a status conference is scheduled III chambers of the undersigned judge for Wednesday, June 16,2004, at I :30 p.m. ~arcus McKnight, Esq. 60 West Pomfret Street Carlisle, PA 17013 /Stephen J. Barcavage, Esq. 4200 Crums Mill Road Suite B "/ Harrisburg, PA 17112 vCiro Tufano, Esq. 1800 JFK Boulevard 19th Floor Philadelphia, PA 19103 Attorneys for Defendant High Construction, Inc. BY THE COURT, -, 1/ . ~ '. 0" ,'j l ~ C-7~/C 2/2 J.WesleyOlet,Jr?, J. o~-15.oi ^ "::_::l!r1~) 2'; :2 \,1,] +j t HJ~ ~OQZ ", I'''' .." (;"J ._, IL A:".'c_ I! 11''': '10,' i 'L"~ "':,- 1\,.......,' ,_.'.1_ .' - I. :J ':'~" ~ ~-~_ :1{)-(J '.:ill:.! ~n v'Boss Manufacturing 4 Interchange Place York, PA 17402 :rc Powell, Trachtman, Logan, CarrIe & Lombardo, P.c. 114 N. Second Street Harrisburg, P A 17101 Phone: (717) 238-9300 Anthony S. Potter, Esquire LD. #75903 (Attorneys for Boss Manufacturing Co.) Plaintiffs, THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYL VANIA LAIR L. LYBRAND and NANCY R. YBRAND, v. CIVIL ACTION - LAW ITED RENTALS, INC., HIGH CONSTRUCTION, INC AND BOSS ANUF ACTURING, 0.2001-6588 CIVIL TERM Defendants. BOSS MANUFACTURING COMPANY'S PRELIMINARY OBJECTIONS TO DEFENDANT UNITED RENTALS, INC.'S ANSWER WITH NEW MATTER Boss Manufacturing Company, by and through its undersigned Counsel, Powell, Trachtman, Logan, Carrie & Lombardo, P.c., file these preliminary objections pursuant to Pennsylvania Rules of Civil Procedure CPa.R.C.P.") 1028(a) to United Rentals Inc.'s Answer and New Matter with Cross Claim and avers as follows: I. THE COMPLAINT AND PROCEDURAL BACKGROUD 1. On November 21, 2001, Plaintiffs instituted this action by filing a Writ of Summons. 2. On January 7, 2002, the Writ of Summons was served on United Rentals, Inc. 3. On January 7, 2002, the Plaintiffs attempted to serve the Boss Manufacturing named in the Writ by delivering the Writ to United Rentals Inc. 4. On January 7, 2002, United Rentals Inc. refused service for the Boss Manufacturing named in the Writ of Summons. HB:50191vI4698-01 5. On August 9, 2002, Plaintiffs filed a three-count Complaint alleging injuries sustained when a temporary lighting unit malfunctioned. 6, The lighting unit was allegedly manufactured by "Boss Manufacturing." 7. Plaintiff, Clair L. Lybrand, is claiming to have suffered permanent injuries to his left hand when the lighting unit collapsed downward pinning his left hand and fingers between the tongue of the lighting unit and the edge of a concrete slab. 8. As a result of the collapse, Plaintiff allegedly sustained serious injuries to his left hand and fingers, 9. On January 14,2003, Defendant, United Rentals, Inc. filed an Answer with New Matter that purported to state a Cross Claim against Boss Manufacturing Company. 10. Boss Manufacturing Company has a principal place of business located in Kewanee, Illinois. II. Boss Manufacturing Company manufacturers work gloves and similar protective work apparel. 12. Boss Manufacturing Company was never served with the original complaint 13. Counsel for United Rentals has agreed in telephone conversations and writing that Boss Manufacturing Company is not the appropriate Boss Manufacturing named in the above- captioned matter. 14. Despite several demands, however, United Rentals has failed to withdraw its improperly filed and served Pa.R.C.P. 2252( d) cross claim. IS. On February 21,2003, the undersigned counsel sent a letter to Counsel for United Rentals Inc. advising once again of the error in naming Boss Manufacturing Company as a defendant. (See Attachment "B") H8:5019IvI4698-01 16. On April 1, 2004, Counsel for United Rentals Inc. filed a Petition for a Status Conference to address discovery issues in the action. 17. Despite acknowledging that Boss Manufacturing Company is an improper party the petition for a status conference was again served on Boss M,mufacturing Company by counsel for United Rentals. 18. United Rental's Inc. cross claim fails to allege any facts upon which Boss Manufacturing Company could be solely liable to Plaintiffs or liable over United Rental's Inc. 19. Boss Manufacturing Company was never named in the Writ of Summons or the Complaint. 20. Boss Manufacturing Company was never properly served with original process. II. PRELIMINARY OBJECTIONS OF BOSS MANUFACTURING COMPANY TO CROSS CLAIM OF UNITED RENTALS INC. FOR FAILURE TO STATE A CLAIM UNDER Pa.R.C.P. 2252(d) 21. Boss Manufacturing Company hereby incorporates the prior paragraphs as if the same were set forth fully at length herein. 22. The cross claim against Boss Manufacturing Company purports to state a claim that if Defendant, United Rentals Inc., is found liable to Plaintiffs, Plaintiffs' damages were allegedly caused by the negligence, recklessness and/or carelessness and/or strict liability of Boss Manufacturing Company. 23. United Rentals, Inc. purports to assert its cross claim Pa.R.C.P. 2252(d). 24. To assert a cross claim under Pa.R.C.P. 2252(d)., a person sought to be joined must already be a party to the action. 25. Boss Manufacturing Company was never named in the original action and was not served with either the writ of summons or the complaint. HB:50191v14698-01 26. Boss Manufacturing Company, therefore, is not a proper party to the action. 27. United Rentals lnc's cross claim under Pa.R.C.P. 2252(d) fails to state a claim. 28. Similarly, there are no facts alleged establishing a casual relationship between any action taken by Boss Manufacturing Company and the damages allegedly sustained by Plaintiff. WHEREFORE, Boss Manufacturing Company respectfully requests an Order sustaining its Preliminary Objections and dismissing the cross claim as it relates to Boss Manufacturing Company for failure to state a claim along with an award of cost and expenses including counsel fees. III. PRELIMINARY OBJECTION TO LACK OF JURISDICTION AND IMPROPER SERVICE OF ORIGINAL PROCESS PURSUANT TO PA.R.C.P. NO. l028(A)(1) 29. Boss Manufacturing Company hereby incorporates the prior paragraphs as if the same were set forth fully at length herein. 30. Original process must be served in order to notify a defendant of an action being commenced against them and to obtain jurisdiction over a defendant. 31. Because service of original process was never accomplished by the Plaintiff this Honorable Court lacks jurisdiction over Boss Manufacturing Company. WHEREFORE, Boss Manufacturing Company respectfully requests an Order sustaining its Preliminary Objections and dismissing the cross claim filed by United Rentals Inc. as it relates to Boss Manufacturing Company for want of jurisdiction along with an award of cost and expenses including counsel fees. IV. PRELIMINARY OBJECTION TO STATUTE OF LIMITATIONS 32. Boss Manufacturing Company hereby incorporates the prior paragraphs as ifthe same were set forth fully at length herein. HB:50191vI4698-01 33. The court lacks jurisdiction over Boss Manufacturing Company because it was never properly served within the applicable statute oflimitations. WHEREFORE, Boss Manufacturing Company, request that judgment be entered in favor of Boss Manufacturing Company and against United Rentals Inc., and specifically requests the dismissal of United Rentals Inc.'s cross claim, because service of the Complaint was never accomplished within the statute of limitations. V. PRELIMINARY OBJECTION TO THE FAILURE TO CONFORM TO LAW OR RULE OF COURT PA.R.C.P. NO. 1028(2) 34. Boss Manufacturing Company hereby incorporates the prior paragraphs as ifthe same were set forth fully at length herein. 35. In its answer, United Rentals Inc. attempts to assert a cross claim against Boss Manufacturing. 36. United Rentals Inc., however, failed to conform to law or rule of court by attempting to assert a claim under Pa.R.C.P. 2252(d) against an entity, Boss Manufacturing Company, which is not a party to the action. WHEREFORE, Boss Manufacturing Company respectflllly requests an Order sustaining its Preliminary Objections and dismissing the cross claim as it relates to Boss Manufacturing Company for failure to conform to law of rule or court pursuantto Pa.R.C.P. 1028(2), along with an award of cost and expenses including counsel fees. VI. DEMURRER - LEGAL INSUFFICIENCY OF A PLEADING UNDER Pa.R.C.P. 1028(4) 37. Boss Manufacturing Company hereby incorporates the prior paragraphs as if the same were set forth fully at length herein. HB:5019IvI4698-01 38. United Rentals Inc.'s Answer with New Matter and Cross Claim purports to allege a cause of action against Boss Manufacturing Company as being liable for Plaintiffs alleged injuries and damages. 39. Pursuant to Pa.R.C.P. 1028(4) a Preliminary Objection can be filled for legal insufficiency of a Pleading. 40. United Rentals Inc.'s cross claim fails to allege any facts that establish any factual basis for liability on the part of Boss Manufacturing Company. 41. Because United Rentals Inc. fails to allege any facts, its claim is legally insufficient as a matter of law. WHEREFORE, Boss Manufacturing Company respectfully requests an Order sustaining its Preliminary Objections and dismissing the cross claim as it relates to Boss Manufacturing Company for legal insufficiency ofa pleading pursuant to Pa.R.C.P. 1028(4), along with an award of cost and expenses including counsel fees. POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO, P.C. By: ~ S. Potter, Esquire LD. 5903 114 North Second Street Harrisburg., PA 17101 (717) 238-9300 Date: May 4, 2004 HB:50 191 v I 4698-0 I CERTIFICATE OF SERVIC]~ AND NOW, on May 4,2004, I hereby certify that I hav(: served a true and correct copy of the within Boss Manufacturing Company's Preliminary Objections to Defendant United Rentals, Inc.'s Answer with New Matter upon the following person(s) by regular first class United States mail, postage prepaid: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 W. Pomfret St. Carlisle, P A 17013 Attorneysfor Plaintiffs Stephen J. Barcavage, Esq, Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, P A 1711 0 Attorneysfor Defendant Untied Rentals, lnc. Ciro Tufano, Esq. 1800 JFK Boulevard, 19th Floor Philadelphia, P A 19103 Attorneyfor D~fendant High Construction, Inc. BY~ Antho HB:50378vI4698-01 n c: ;i~ ~~ ",,:-': -, .C"cf- (..-! r~~-~) 1> '~::' J> :z ~ ", C--::l C, .r- o '" ::;:! hi:1J r~ -on-l :-~jO ()(l iJ5.'~ S:',:(';5 c-ji-n :::'.1 ~r.::-,. _iJ --< ::;:: :A;:,. -< I U1 .", ::1:: ry en W CLAIR L. LYBRAND and NANCY R LYBRAND, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYL VANIA v. CNIL ACTION - LAW ITED RENTALS, INC., HIGH CONSTRUCTION, INC AND BOSS ANUF ACTURING, 0.2001-6588 CIVIL TERM Defendants. PRAECIPE AND STIPULATION TO DISMISS AND DISCONTINUE UNITED RENTALS CROSS-CLAIM AGAINST BOSS MANUFACTURING COMPANY AND NOW, Defendant United Rentals, Inc. by and through its undersigned counsel, and Boss Manufacturing Company by and through its undersigned counsel hereby files this praecipe and stipulation to dismiss and discontinue the purported cross-claim against Boss Manufacturing Company with prejudice and in support thereof stipulate as follows: I. On November 21,2001, Plaintiffs instituted this action by filing a Writ of Summons. 2. On January 7,2002, the Writ of Summons was s(:rved on United Rentals, Inc. 3. On January 7, 2002, the Plaintiffs attempted to serve the Boss Manufacturing named in the Writ by delivering the writ to United Rentals Inc. 4. On January 7, 2002, United Rentals Inc. refused service of the Writ on behalf of the Boss Manufacturing named in the writ. 5. On August 9, 2002, Plaintiffs filed a three-count Complaint alleging injuries sustained when a temporary lighting unit malfunctioned. 6. The lighting unit was allegedly manufactured by '''Boss Manufacturing." HB:50477vl 4698-01 7. Plaintiff, Clair L. Lybrand claims to have suffered permanent injuries to his left hand when the lighting unit collapsed downward pinning his left hand and fingers between the tongue of the lighting unit and the edge of a concrete slab, 9. On January 14, 2003, Defendant, United Rentals, Inc. filed an Answer with New Matter that purported to assert a cross claim against Boss Manufacturing Company under Pa.R.C.P.2252(d). 10. On May 5, 2004, Boss Manufacturing Company filed preliminary objections to the United Rentals' cross claim. 11. Boss Manufacturing Company's principal place of business is located in Kewanee, Illinois, 12. Boss Manufacturing Company manufacturers work gloves and similar protective work appareL 13. Boss Manufacturing Company was never named in the Writ of Summons or the Complaint. 14. Boss Manufacturing Company was never served with original process. 15. Boss Manufacturing Company is not a proper party defendant in the above- captioned action. HB:S0477vl 4698-01 WHEREFORE, United Rentals, Inc. and Boss Manufacturing Company hereby stipulate to the dismissal and discontinuance of United Rentals, Inc.'s alleged cross-claim against Boss Manufacturing Company with prejudice. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN POWELL, TRACHTMAN, LOGAN, CARRLE & LOMBARDO, P.e. /" S ph 4200 Crums Suite B Harrisburg, P A 17112 By: (P -J, Anthony . Potter, Esquire LD. 1/ 903 114 North Second Street Harrisburg,PA 17101 (717) 238-9300 By: Dated: May 13, 2004 HB:50477vl 4698-01 CERTIFICATE OF SERVIC]~ AND NOW, on May 14,2004, I hereby certify that I have served a true and correct copy of the within Praecipe and Stipulation to Dismiss and Discontinue United Rentals Cross- Claim Against Boss Manufacturing Company upon the following person(s) by regular first class United States mail, postage prepaid: Marcus A. McKnight, III Irwin, McKnight & Hughes 60 W. Pomfret St. Carlisle, P A 17013 Attorneys for Plaintiffs Stephen J. Barcavage, Esq. Marshall Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17110 Attorneys for Defendant Untied Rentals, Inc. Ciro Tufano, Esq. 1800 JFK Boulevard, 19th Floor Philadelphia, PA 19103 Attorney for Defendant High Construction, Inc. Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 ~r2d1E~~ al,egal HB:50378vl 4698.01 ~ "" c:> c:~ .r- o -n .-1 ~ ~-;- ""'rl 111~'- , -niT! ce,Q (.'.) .J- -jU ~:~] ~~ ,..3P1 :~ -< - _.','" -,:::.' -< -' ~ L.> .:- MAY .(9 LUU4 Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, ENNSYL VANIA CLAIR 1. LYBRAND and NANCY R. YBRAND, v. CIVIL ACTION - LAW ITED RENTALS, INC., HIGH CONSTRUCTION, INC AND BOSS ANUF ACTURING, 0.2001-6588 CIVIL TERM Defendants. ORDER OF COURT jl AND NOW, this Ullday of~, 2004 upon consideration of United Rentals, Inc. Praecipe to discontinue and dismiss its cross-claim against Boss Manufacturing Company, the Praecipe is hereby granted and the cross-claim is dismissf:d wi$. prejudice. I I / /j !.. \ .)// if [ v''':' /C!/[ Tesley Oler, Jr., J. ~ "D ti~ D HB:50479vI4698-01 ,i! ,~:"d "::::,Ii.Jrl8 211 :2 \~d 07 1':'1,1 "DOZ ..... 111.("1 I ).,t;V,i.C;.;CH10Ud 3Hl :10 JJ1:::IO-QjiH CLAIR L. LYBRAND and NANCY R. LYBRAND, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. UNITED RENTALS, INC., HIGH CONSTRUCTION, INC., and BOSS MANUFACTURING, Defendants CIVIL ACIION - LAW NO. 01-6588 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 16th day of June, 2004, upon consideration of Defendant United Rentals, Inc. 's Petition for Status Conference and following a conference held in the chambers of the undersigned judge in which Plaintiffs were represented by Marcus A. McKnight, III, Esquire, Defendant United Rentals, Inc., was represented by Matthew L. Owens, Esquire, Defendant High Construction, Inc., was not represented (pursuant to the permission of the Court excusing Ciro Tufano, Esquire, from participation in the conference due to his client's settlement with the Plaintiffs), and Defendant Boss Manufacturing having previously been dismissed from the case, and pursuant to an agreement of counsel participating at the conference, it ~s ordered and directed as follows: 1. Within 30 days of today's date Plaintiffs shall respond, without objection, to the outstanding interrogatories and requests for production of documents 90 :~ Wd 81 finnUOZ AlNLONOHlOtid JHl dO :1-')1:!:1(}-(B11::l propounded by Defendant United Rentals, Inc.; 2. Within 60 days of today's date depositions in this matter shall have been completec.; and 3. Within 120 days of today's date all expert reports shall have been exchanged by the parties. By the Court, ~arcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 For the Plaintiffs ~atthew L. Owens, Esquire 4200 Crums Mill Road > Suite B Harrisburg, PA 17110 For Defendant United Rentals, Inc. A:iro Tufano, Esquire O~. 2J -0 JI 1800 JFK Boulevard 7 19th Floor Philadelphia, PA 19103 For Defendant High Construction, Inc. :lfh CLAIR L. LYBRAND and : IN THE COURT OF COMMON PLEAS NANCY R. LYBRAND, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001.6588 CIVIL UNITED RENTALS, INC., CIVIL ACTION. LAW HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: Please mark the above-captioned case settled and discontinued and issue a Settlement Certificate to Marcus A. McKnight, III, Esquire, at 60 West Pomfret Street, Carlisle, Pennsylvania 17013. Respectfully submitted, IRWIN& McKNIGHT By: Date: April 12, 2005 . CLAIR L. LYBRAND and : IN THE COURT OF COMMON PLEAS NANCY R. LYBRAND, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-6588 CIVIL UNITED RENTALS, INC., CIVIL ACTION - LAW HIGH CONSTRUCTION, INC. and BOSS MANUFACTURING, Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, ill, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true ana rn-- the same in the United States mail, First Class, pos, date referenced below and addressed as follows: Stephen J. Barcavage, Esq. Marshall, Dennehey, Warner, Coleman & GOt 4200 Crums Mill Road, Ste. B Harrisburg, PA 17112 By: Marcus A. McKnig, 60 West Pomfret Stl<; Carlisle, PA 17013 (717) 249-2353 Supreme Court LD. N( Date: April 12, 2005 ~!?- ~~ -~ - - . ~ =~~~ ~'- <0 O~ ~.~!. ~~ ;':::;,', (;~) c..n 'T:1-'" -::,:\ :;.~} C') -n ('~ r:-? ....". .v