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HomeMy WebLinkAbout09-2672BRIDGEPORT CONDOMINIUM ASSOCIATION LEGGETT, INC. v. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. OR - d4rja elvil t'rm CIVIL ACTION COMPLAINT YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 NELSON LEVINE de LUCA & HORST, LLC BY: JEFFREY M. ZIELINSKI, ESQUIRE IDENTIFICATION NO.: 74727 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 215-358-5103 BRIDGEPORT CONDOMINIUM ASSOCIATION 1300 Market Street Lemoyne, PA 17043 Plaintiff(s) V. LEGGETT, INC. 1989 Hummel Avenue Camp Hill, PA 17011 COMPLAINT ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION NO: 6 q - --)6,7Z d` u `T., Plaintiff, Bridgeport Condominium Association., hereby avers as follows: 1. Plaintiff Bridgeport Condominium Association (hereinafter "Bridgeport"), is a Commonwealth of Pennsylvania business corporations located at the above addresses. 2. Upon information and belief, at all times relevant hereto, Defendant, Leggett, Inc, was a corporation with a principal place of business located at 1989 Hummel Avenue, Camp Hill, Pennsylvania. 3. Upon information and belief, at all times relevant hereto, Defendant Leggett, Inc. was engaged in performing plumbing services. 4. Sometime prior to January 17, 2009, a unit owner of Plaintiff contracted with Leggett, Inc to install a humidifier in its unit at 551 Bridgeview Drive, Lemoyne, Pennsylvania ("subject property"). 5. Defendant Leggett, Inc. installed said humidifier on the furnace which was located within an unheated room in an unheated attic of said unit. 6. On January 17, 2009, the water supply line to the humidifier split resulting in water damage to the subject property. 7. As a direct and proximate result of the conduct and omissions of Defendant, Plaintiff sustained extensive and severe property damage. COUNT I - NEGLIGENCE 8. Plaintiffs hereby incorporate the allegations of Paragraphs 1 through 7, as though fully set forth herein at length. 9. The aforementioned damages were the direct and proximate result of the negligence, carelessness and/or other liability producing conduct of Defendant, including negligent acts and/or omissions, as performed personally and/or by and through his agents, employees, and/or servants, more specifically described as follows: (a) failing to exercise reasonable care in the performance of duties in the installation of the humidifier at or near the subject property, including, but not limited to, carelessly and negligently performing the following: (1) failing to competently install the humidifier at the subject property in a safe and appropriate manner; (2) failing to properly detect the placement of the humidifier in an unheated area; (3) failing to ensure that proper techniques were employed, and applicable safety procedures followed, as to the installation of the humidifier at the subject property in an unheated area; 2 (4) failing to properly monitor the work of all agents and/or employees during the installation of the humidifier to ensure compliance with applicable safety procedures. (b) failing to adequately instruct, supervise and/or train servants, employees and agents as to the proper ways to perform the tasks set forth in subparagraph (a); (c) failing to adequately warn Plaintiffs and others of the dangers resulting from the failure to exercise reasonable care as set forth in subparagraph (a), above; (d) failing to provide, establish and/or follow proper and adequate controls so as to ensure the proper performance of the tasks set forth in subparagraph (a) above; (e) failing to perform the tasks set forth in subparagraph (a) in conformity with prevailing industry and governmental specifications and standards; (f) failing to retain competent, qualified and/or able agents, employees or servants to perform the tasks set forth in subparagraph (a) above; and/or (g) violating the standards of care prescribed by statutes, rules, regulations, ordinances, codes, and/or industry customs applicable to this action. 10. As a direct and proximate result of such conduct, Plaintiff sustained and incurred damage to their real and personal property in the amount of $22,627.32. WHEREFORE, Plaintiffs demand judgment in their favor and against defendant in the amount of $22,627,32 plus interest, costs of suit, reasonable attorney fees, delay damages, and such other relief as the Court deems appropriate under the circumstances. COUNT II - BREACH OF IMPLIED WARRANTIES 11. Plaintiffs hereby incorporate the allegations of paragraphs 1 through 10 above as though fully set forth herein. 12. In furtherance of the aforementioned services performed, Defendant had impliedly warranted that all work performed would be done in a reasonably workman-like manner, and/or with quality workmanship. 13. Based upon the aforementioned improper conduct on the part of the Defendant, personally and through servants, employees, and/or agents as set forth above, Defendant breached these warranties. 14. As a direct and proximate result of these breaches, Plaintiff suffered the aforementioned damages to their real and personal property in the amount of $22,627.32. 15. Plaintiffs have performed all conditions precedent to recover based upon such breaches. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendant in the amount of $22,627.32 plus interest, costs of suit, reasonable attorney fees, delay damages, and such other relief as the Court deems appropriate under the circumstances. NELSON LEVINE de LUCA & HORST, LLC BY: i"? -- /2 M. ZIELINSKI ATTORNEYS FOR PLAINTIFF Dated: April 13, 2009 4 VERIFICATION I, JEFFREY M. ZIELINSKI, do hereby state that I am counsel for in the within action, and as such do hereby verify that the statements made in the foregoing 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 penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. JF ,M f EY . ZIELINSKI Dated: April 27, 2009 5 O RLED i r' {"ski? 29 lei i f i 5ti ?I $ rM. 5o p Q AY Y W &" q4 Rx* aagyoa Sheriffs Office of Cumberland County R Thomas Kline of??? Sheri 'Lao t" }a4 Edward L Schorpp Solicitor Ronny R Anderson Chief Deputy , Jody S Smith 4OFF iCE r T4E S-ERISF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/30/2009 11:30 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 30, 2009 at 1130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Leggett, Inc., by making known unto Lisa Smith, office manager of defendant at 1989 Hummel Avenue Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.92 SO ANSWERS, May 04, 2009 R THOMAS KLINE, SHERIFF 2009-2672 Bridgeport Condominium Association VS Leggett, Inc. By Deputy Sheriff cv N ° c? ? ma a? - c i - ,1K VAL Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-1811 fax jmuzic@n-hlaw.com Attorney I.D. No. 55919 Attorney for Defendant Leggett, Inc. BRIDGEPORT CONDOMINIUM ASSOCIATION, Plaintiff vs. LEGGETT, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW NO. 09-2672 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant Leggett, Inc., in reference to the above matter. HOHENADEL, LLP Date: Joseph zic, Jr., Esquire Atto or Defendant Leggett, Inc. 1^• No. 09-2672 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Entry of Appearance was sent by first-class mail, postage prepaid on the date set forth to the following: Jeffrey M. Zielinski, Esquire Nelson Levine deLuca & Horst, LLC 518 Township Line Road, Suite 3 )00 Blue Bell, PA 19422 NIKOLAUS & HOHENADEL, LLP Date: '3 _1a O q Jose M ic, Jr., Esquire A me r Defendant Leggett, Inc. 2 rlLEi)--&,;r," t'iv? a nY 2009 r `f 14 1a, 1: 5 5 ,~~~~~~~~~t . o ~.::. Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-1811 fax jmuzic@n-hlaw.com Attorney I.D. No. 55919 Attorney for Defendant Leggett, Inc. BRIDGEPORT CONDOMIl~TIUM ASSOCIATION, Plaintiff vs. LEGGETT, INC. Defendant TO: PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW NO.09-2672 JURY TRIAL DEMANDED NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE UPON YOU OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. HENADEL, LLP Joseph zic, Jr., Esquire Attorn for Defendant Date: ~ ~ ~~ ~ Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-1811 fax jmuzic@n-hlaw.com Attorney I.D. No. 55919 Attorney for Defendant Leggett, Inc. BRIDGEPORT CONDOMINIUM ASSOCIATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. CIVIL ACTION -LAW vs. NO. 09-2672 LEGGETT, INC. Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that a representative of the owner specifically directed Defendant where to install the humidifier in the building. 09-2672 6. Denied. After reasonable investigation, answering Defendant is without sufficient knowledge to form a belief as to the truth of the averment. Strict proof is demanded at trial. 7. Denied. Said averment contains legal conclusions to which no responsive pleading is required. COUNT I -NEGLIGENCE 8. Paragraphs 1 through 7 are incorporated herein by reference as if fully set forth herein. 9. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 10. Denied. Said averment contains legal conclusions to which no responsive pleading is required. WHEREFORE, Defendant requests this Honorable Court to enter judgment in its favor and against Plaintiff. COUNT II -BREACH OF IMPLIED WARRANTIES 11. Paragraphs 1 through 10 are incorporated herein by reference as if fully set forth herein. 12. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 13. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 14. Denied. Said averment contains legal conclusions to which no responsive pleading is required. 2 09-2672 15. Denied. Said averment contains legal conclusions to which no responsive pleading is required. WHEREFORE, Defendant requests this Honorable Court to enter judgment in its favor and against Plaintiff. NEW MATTER 16. Paragraphs 1 through 15 are incorporated herein by reference as if fully set forth herein. 17. Plaintiff may have violated the applicable statute of limitations. 18. Plaintiff may have failed to state a cause of action. 19. Answering Defendant was not negligent. 20. The installation of the humidifier by Defendant was done appropriately and was fit for its intended use. 21. Answering Defendant did not breach any warranties, implied or expressed. 22. The damages claimed by Plaintiff may have been caused by other factors and/or third persons other than answering Defendant. 23. Plaintiffs may have failed to properly operate the humidifier in question. WHEREFORE, Defendant requests this Honorable Court to enter judgment in its favor and against Plaintiff. Date: 8`'J~'C~ 9 NIKOLAUS & HOHENADEL,,LLP ~,_.._ e.,._.r Joseph uzic, ., Esquire Atto ey for De ndant Leggett, Inc. 3 09-2672 VERIFICATION I, Ernie Leggett, hereby verify that I am 2~~~~N ~ for Leggett, Inc. and that the facts set forth in the foregoing Answer and New Matter of Defendant are true and correct to the best of my knowledge, information and belief and that I am authorized to make this Verification on behalf of Leggett, Inc.. 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. Leggett, Inc. By: Ernie Leggett Date: ~'22"' ~ I 4 No. 09-2672 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer and New Matter of Defendant was sent by first-class mail, postage prepaid on the date set forth to the following: Jeffrey M. Zielinski, Esquire Nelson Levine deLuca & Horst, LLC 518 Township Line Road, Suite 300 Blue Bell, PA 19422 HOHENADEL, LLP Date: ~ ~~~ ~ / Joseph G. ic, Jr., Esquire Atto Defendant Leggett, Inc. tip -, ~,~ ~ •; .` ~.....l - .. ... '~ •Yr Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 FAX: (717) 299-1811 jmuzic@n-hlaw.com Attorney I.D. No. 55919 Attorney for Defendant Leggett, Inc. Cr F11 D -,'I F I NE i °_ i?irY'eprC?te.f..[,, L-cf t;6yet Bridgeport Condominium Association In the Court of Common Pleas of Cumberland County, Pennsylvania V. Civil Action-LAW No: 09-2672 Leggett, Inc. JURY TRIAL DEMANDED MOTION TO COMPEL NOW INTO COURT, through undersigned counsel, comes the Defendant Leggett, Inc., to present this Motion to Compel Discovery, as follows: 1. Plaintiff initiated this suit by filing a Complaint on April 29, 2009 against the above named Defendant for property damage. 2. On March 15, 2001, Defendant Leggett, Inc. served Interrogatories and Request for Production of Documents upon Plaintiff Bridgeport Condominium Association. A true and correct copy of the discovery requests are attached hereto and marked as Exhibit "A". 3. On July 21, 2010, Defendant's counsel's office sent a letter to Plaintiffs counsel requesting a reply to the Interrogatories and Request for Production of Documents. A true and correct copy of that letter is attached hereto and marked as Exhibit "B". 4. On November 2, 2010, Defendant's counsel sent a courtesy copy of this Motion to Compel to Plaintiffs counsel requesting a reply to the discovery. A true and correct copy of that letter is attached hereto and marked as Exhibit "C". 5. Defense counsel has attempted to resolve this discovery issue with Plaintiff s counsel; however, Plaintiff's counsel has not responded to defense counsel. 6. This discovery is essential to the Defendant's preparation of his defense. 7. Defendant cannot prepare properly his defense without Plaintiffs answers to discovery. 8. Plaintiffs failure to comply has prejudiced Defendant in preparing his case for trial. 9. Plaintiffs failure to comply with the rules of discovery is known to be wrong, is intentional and dilatory. WHEREFORE, Defendant Leggett, Inc., respectfully requests this Honorable Court to enter an Order and Rule compelling Plaintiff to file full, complete and responsive answers to Defendant's Interrogatories and Request for Production of Documents within twenty (20) days from the date of this Order or upon failure to do so, suffer appropriate sanctions in addition to prohibiting the Plaintiff from submitting any evidence at trial concerning the issues addressed in that discovery. Respectfully submitted, NIKOLAUS & HOHENADEL, LLP BY.----- sep G. Muzic, Jr., Esquire Attorney for Defendant Date: jl /71 L, i? ?? ?'? ? ? ? - NIKOLAUS & HOH8NADEL, LLP COPY ATTORNEYS AT LAW DONALD H . . N COUNSEL P HIOF L 212 NORTH QUEEN STREET JOSEPH J. LOMBARDO MATTHEW J. CREME. JR. LANCASTER, PA. 17603 ROGER S. FEIST JOHN F. MARKEL BRYAN 0. CUTLER PAULA D. MUNSON 717/298-3728 RICHARD G. GREINER FAX 717/299-1811 JEFFREY A. MILLS 327 LOCUST STREET MICHAEL S. GRAB COLUMBIA, PA. 17512 MICHAEL A. UANASSE dfarrell@n-hlaw.com 717/884-4422 JOSEPH G. MUZIC. JR. FAX 717/8844MG LISA J. MCCOY BARBARA FEIST DILLON 2010 March 15 2 NORTH STATE sTREEr JOHN C. H011ENADEL , EPHRATA, PA. 17522 NICHOLAS ERMOLOVICH 717/721-7007 FAX 717/721-4880 BERNADERE M. HOFIENADEL ANTHONY MARC HOPKINS WANDA S. WHARE 215 WEST FOURTH STREET ROBERT S. CRONIN, JR. SURE 108 MANDY LLOYD HEM QUARRYVILE. PA. 17586 ANGEL E.TORRES 717/786-1123 FAX 717/299-1 B11 Jeffrey M. Zielinski, Esquire Nelson Levine deLuca & Horst 518 Township Line Road, Suite 300 Blue Bell, PA 19422 Re: Bridgeport Condominium Association v. Leggett, Inc. Dear Mr. Zielinski: Enclosed please find Defendant's Interrogatories and Request for Production of Documents directed to your client with regard to the above matter. Kindly respond to the discovery requests pursuant to the Pennsylvania Rules of Civil Procedure. Of course, should you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, Denise M. Farrell, Pa.C.P. Paralegal /dmf Enclosures Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 FAX: (717) 299-1811 jmuzic@n-hlaw.com Attorney I.D. No. 55919 Attorney for Defendant Leggett, Inc. COPY Bridgeport Condominium Association In the Court of Common Pleas of Cumberland County, Pennsylvania V. Civil Action-LAW No: 09-2672 Leggett, Inc. JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFF DEFINITIONS AND INSTRUCTIONS 1. Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, e-mail, graphic or recorded matter, however produced or reproduced and however formal or informal. 2. Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: a. The nature of the document (e.p., letter, memorandum, computer print-out, minutes, resolution, tape recording, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer and position of the person, if any, to whom the document was sent; e. If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document; f. If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof; and written or otherwise transcribed, and the present location of such transcript or statement if not in your possession; 6. The terms "you", "your" shall be deemed to mean and refer to the party(ies) to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. 7. The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. 8. Pursuant to Pennsylvania Rules of Civil Procedure No. 4006(a)(1), you are required to insert your answers in the spaces provided; however, if there is insufficient space to answer, the remainder of the answer shall follow on a supplemental sheet. 9. Fully identify any document requested in any of the Interrogatories and Request for Production of Documents which you claim is privileged or otherwise immune from discovery. 10. As to each document identified in your answer to the above Instruction, please state the specific reason or basis for your objection to its production, including statement of which it is about the subject matter of the document or the manner of its preparation which you believe supports your withholding it. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if you or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. Your answers to these Interrogatories are to be provided to the offices of Nikolaus & Hohenadel, 212 North Queen Street, Lancaster, PA, 17603, within thirty (30) days of the date of service hereof and supplemented thereafter in accordance with Pennsylvania Rule of Civil Procedure 4007.4 l . State the name, address, employer and official capacity and/or job title of the individual answering these Interrogatories. ANSWER: 2. With respect to each person with whom you consulted in preparing answers to these Interrogatories, please state: a. name; ANSWER: b. address; ANSWER: C. employer; ANSWER: d. job title ANSWER: I Without referring to your Complaint, please state in detail how you became aware that there may be a problem with the humidifier, including all relevant circumstances. ANSWER: 4. State when notice of a problem with the humidifier first came to you or your office and by whom it was reported. ANSWER: 5. State whether you or your employees, agents, servants and/or workers viewed the area surrounding the humidifier following notification. If so, please state the following: a. The name and addresses of each such person; ANSWER: b. The location such witness was at and what he/she saw, heard or learned about the humidifier and any alleged problems; ANSWER: C. Whether or not any such witness gave any statements, either oral or in writing, of his/her knowledge of the fire, and if so, please state the substance of any statement; and ANSWER: d. If a written statement was prepared, please identify the present location of said statement. ANSWER: 6. State the names and addresses of all individuals who have knowledge of any facts pertaining to the cause of any problems with the humidifier. ANSWER: 7. State whether you, your agents, servants, employees and/or workers, ever gave any statement, either oral or in writing, to anyone regarding the circumstances of any alleged problems with the humidifier. If so, please state the following: ANSWER: a. The name and addresses of each person to whom such statement was made; ANSWER: b. The date each statement was made; ANSWER: The form of each statement, such as oral, written or stenographic transcription of said statement; ANSWER: d. The names and addresses of each person or persons having custody of any such statements; and ANSWER: The substance and content of any such statement. ANSWER; 8. Do you or anyone acting as your agent, servant or employee have knowledge of the existence of any photographs, motion pictures, video records, maps, diagrams of the area surrounding the humidifier or the humidifier itself? If so, please state the following: ANSWER: a. The dates when they were made and what they represent; and ANSWER: b. The names and addresses of the persons making them. ANSWER: 9. State whether you or anyone acting on your behalf has conducted any investigation concerning the cause of the alleged leak of the humidifier which is the subject of this present litigation. If so, please identify the following: a. The names and addresses of the person(s) who conducted or participated in any such investigation; ANSWER: b. Identify the party or parties on whose behalf the investigation(s) was conducted; ANSWER: The date(s) during which the investigation(s) was conducted; and ANSWER: d. Identify any and all reports, memoranda, notes or other documents pertaining to the investigation(s) or any documents containing information regarding the cause of the alleged leak of the humidifier. ANSWER: 10. Identify each insurance policy which may provide coverage for any damages you sustained as a result of the alleged leak of the humidifier specifying: a. The name of the insurer; ANSWER: b. The policy number of each policy providing coverage; ANSWER: C. The type of coverage provided by each policy and policy limits; ANSWER: d. Whether you have filed a proof of loss, and if so, the date of the proof of loss and the amount claimed therein; ANSWER: e. The status of any claim (e.g., pending, paid, partial payments made, etc.) and the amount of any such payments; and ANSWER: f. Identity of any insurers providing excess coverage or reinsurance indicating the policy numbers, type of coverage provided and limits. ANSWER: 11. If you have submitted a claim to your insurer for personal property damage as a result of the alleged leak of the humidifier, provide the following information: a. The total amount of your property damage claim; ANSWER: b. A description of all property damaged as a result of the alleged leak of the humidifier and included in your claim; ANSWER: C. The date of the property's acquisition and original acquisition cost; ANSWER: d. The amount of depreciation accumulated with respect to each item of property; ANSWER: e. The claimed actual cash value of the property; ANSWER: f. The replacement value of each individual item of property; ANSWER: g. The amount of any payments you have received from your insurer for damage to personal property and the date of each payment; ANSWER: h. Whether the amounts your insurer paid were based on actual cash value or replacement cost; ANSWER: i. The amount of any deductible; ANSWER: j. The amount of any uninsured claim or loss; and ANSWER: k. The amount of any claim rejected or denied and the reason for the rejection or denial of the claim. ANSWER: 12. If you have submitted a claim to your insurer for extra expense incurred as a result of the alleged leak of the humidifier, provide the following information: a. The total amount of your claim for extra expense: ANSWER: b. A description of each item of extra expense you claimed; ANSWER: c. The amount of any payments you received from your insurer for extra expense and the date of each payment; ANSWER: d. How each item of extra expense was calculated or measured; ANSWER: e. The amount of any deductible; ANSWER: f. The amount of any uninsured claim or loss; and ANSWER: g. The amount of any claim rejected or denied and the reason for the rejection or denial of the claim. ANSWER: 13. If you have submitted a claim for your insurer for damage to fixtures or leasehold improvements as a result of the alleged leak of the humidifier, provide the following information: a. The total amount of your claim; ANSWER: b. A description of all fixtures or leasehold improvements included in your claim; ANSWER: C. The date of the fixture's or leasehold improvement's acquisition and original acquisition cost; ANSWER: d. The amount of deprecation accumulated with respect to each fixture or leasehold improvement; ANSWER: e. The claimed actual cash value of the fixture or leasehold improvement on the date of the alleged leak of the humidifier; ANSWER: f. The replacement value of each fixture or leasehold improvement; ANSWER: g. How each claim for fixtures or leasehold improvements was calculated or measured; ANSWER: h. The amount of all payments you received from your insurer for fixtures or leasehold improvements and the date of each payment; ANSWER: i. The amount of any deductible; ANSWER: j. The amount of any uninsured claim or loss identified and/or retained by the insured; and ANSWER: k. The amount of any claim rejected or denied and the reason for the rejection or denial of the claim. ANSWER: 14. If you submitted a claim to your insurer for damage to hardware and/or media, provide the following information: a. The total amount of your claim; ANSWER: b. A description of each item damages by the fire and included in your claim; ANSWER: C. The date of each item's acquisition and original acquisition cost; ANSWER: d. The amount of any payments made by you for items damaged by the alleged leak of the humidifier and the date of each payment; ANSWER: e. How each claim was calculated or measured; ANSWER: f. The amount of any deductible; ANSWER: g. The amount of any uninsured damage or loss; and ANSWER: h. The amount of any claim rejected or denied and the reason for the rejection or denial of the claim. ANSWER: 15. If you submitted a claim to your insurer for damage to property owned by others, provide the following information: a. The total amount of your claim; ANSWER: b. A description of all property owned by others and damaged as a result of the alleged leak of the humidifier that was included in your claim; ANSWER: C. Identify the owner of each item and their relationship to you (e.g., employee, vendor, customer, etc.); ANSWER: d. The amount of any payments made by your insurer for property owned by others, to whom the payment was made, and the date of each payment; ANSWER: How each claim was calculated or measured; ANSWER: £ The amount of any deductible; ANSWER: g. The amount of any uninsured claim or loss; and ANSWER: h. The amount of any claim rejected or denied and the reason for the rejection or denial of the claim. ANSWER: 16. If you submitted any other type of claim to your insurer other than those claims identified in response to Interrogatory Nos. 10 and 15 above; provide the following information: a. A description of the nature of each claim submitted and the total amount of each claim; ANSWER: b. The amount of any payments you received from your insurers with respect to each claim and the date of each payment; ANSWER: C. How each claim was calculated or measured; ANSWER: d. The amount of any deductible; ANSWER: The amount of any uninsured loss or damage; and ANSWER: f. The amount of any claim rejected or denied and the reason for the rejection or denial of each claim. ANSWER: 17. Provide the following information regarding any damage you sustained as a result of the alleged leak of the humidifier other than the damages identified in any of the previous Interrogatories: a. A description of the type or nature of the damage you sustained and the total amount of the damage; ANSWER: b. The amount of any reimbursement you have received from anyone other than your insurer for any such damage, the identity of the person or entity making payment, and the date of each payment; ANSWER: How the amount set forth in response to subparagraph "a" was calculated or measured; ANSWER: d. Identify all documents used to estimate or calculate this damage; and ANSWER: e. Identify all persons competent to testify regarding the calculation of this damage. ANSWER: 18. Did you prior to the date of loss, have a systematic or routine procedure for maintenance of your building? If so, please state: ANSWER: a. Whether such maintenance was accomplished by you, or through your employees; ANSWER: b. Whether such maintenance was by contract with some other person or firm, and if so, the name and address of each such person or firm; ANSWER: The maintenance work which was customarily performed daily, weekly or monthly; and ANSWER: d. The average monthly cost of such maintenance. ANSWER: 19. Please list all repairs, maintenance and renovations performed by you or any of your agents, servants, employees, workers, contractors, sub-contractors or independent HVAC technicians on the humidifier, air conditioning unit or any of their components, and include in your answer: ANSWER: a. The dates when all such repairs were performed; ANSWER: b. The nature of each such repair; and ANSWER: The cost of each such repair. ANSWER: 20. State the name, business and/or resident address and job title of each person or entity who had responsibility to oversee the use, repair, maintenance, alteration of the humidifier. ANSWER: 21. Please identify all experts whom Plaintiff expects to call at the time of trial. ANSWER; 22. Pursuant to Pennsylvania Rule of Civil Procedure 4003.5(a)(1)(b), please state the substance of the facts and opinions to which Plaintiffs expert will testify and a summary of the grounds for each opinion. The facts, opinions and grounds of the expert may be contained in an expert report which may be attached. Such report or answer to this Interrogatory should be signed by Plaintiffs expert. ANSWER: 23. State the names and addresses of each non-expert witness you intend to call at trial. ANSWER: 24. For each non-expert witness, state: a. The subject matter of his/her testimony; and ANSWER: b. The substance of the facts to which this witness is expected to testify. ANSWER: Respectfully submitted, NIKOLAUS & HOHENADEL, LLP BY. J eph G. Muzic, Jr., Esquire Date: 3Attorney for Defendant ?% ? ?1c CERTIFICATE OF SERVICE I, Denise M. Farrell, an employee with the law firm of Nikolaus & Hohenadel, LLP, hereby state that the within Interrogatories and Request for Production of Documents was sent by first-class mail, postage prepaid on the date set forth to the following: Jeffrey M. Zielinski, Esquire Nelson Levine deLuca & Horst 518 Township Line Road, Suite 300 Blue Bell, PA 19422 NIKOLAUS & HOHENADEL, LLP j BY: Denise M. Farrell, Pa.C.P. Paralegal Date: 31/ ?I f?" Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 FAX: (717) 299-1811 jmuzic@n-hlaw.com Attorney I.D. No. 55919 Attorney for Defendant Leggett, Inc. Bridgeport Condominium Association V. Leggett, Inc. COPY In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-LAW No: 09-2672 JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF Pursuant to Pa. R.C.P. 4009, you are hereby requested to produce the below-listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied, photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of Nikolaus & Hohenadel, 212 North Queen Street, Lancaster, PA, 17603, within thirty (30) days of the date of service hereof and supplemented thereafter in accordance with Pennsylvania Rule of Civil Procedure 4007.4: The entire contents of any investigation file or files and any other documentary material in your possession which support or relate to the allegations of Plaintiff(s) Complaint (excluding references to mental impressions, conclusions or opinions regarding the value or merit of the claim or defense or respecting strategy or tactics and privileged communication from and to all counsel. 2. All photographs, motion pictures, slides, video tapes, and any other depictions of the alleged humidifier, damage caused by the alleged leak of the humidifier. All documents identified in response to any of Defendant's Interrogatories. 4. All documents concerning or pertaining to any investigation„ study, inspection, test, analysis or examination regarding the alleged leak of the humidifier. 5. All documents concerning any examination, test, analysis, evaluation or study of any item or evidence believed to have been involved in the alleged leak of the humidifier or to have been removed from the building involved. 6. All documents referring to or relating to maintenance and/or service of the humidifier involved for a period of two (2) years before the date of loss. 7. All documents concerning any examination, test, analysis, evaluation or study of any electrical appliance, wiring or fixture found. 8. All documents constituting, reflecting, referring to, or relating to any inspection, examination, investigation, or appraisal, including without limitation any inspection of the humidifier, any heating, venting or air conditioning system, any electrical system or components, thereof, accessories or appliances at any time before or after date of loss. This request encompasses all inspections, examinations, investigations, or appraisals including without limitation any seasonal safety inspection or any inspection at the time of the purchase of the premises, performed by any person including any insurer. 9. All documents consisting or of referring to any statement or report from any person who claims to have witnessed the alleged leak of the humidifier or to have been present immediately before, during or immediately after the alleged leak of the humidifier or who claims to have knowledge of any circumstances surrounding the alleged leak of the humidifier, including but not limited to any report by any code enforcement officer or insurance adjuster. 10. All documents consisting of or referring to any written or oral communication to or from any person purportedly on behalf of. a. Defendant or its insurers, agents, employees or representatives; or b. Any manufacturer or seller of the humidifier or believed to be involved in the humidifier or its insurers, agents, employees or representatives. 11. All documents consisting of or referring to any statement or report you have obtained from any person not a party to this action relating to the alleged leak of the humidifier, the cause of the alleged leak, the condition of the premises before or after the alleged leak or the alleged damages. 15. All documents consisting or, referring to, or relating to any acceptance or denial of any applications for the insurance for damages sustained as a result of the alleged leak of the humidifier. 16. All applicable insurance policies relating to the claims being made by Plaintiff in the instant action.. 17. All documents reflecting, referring to, or relating to any insurance claims made or payments received because of the alleged leak of the humidifier, including without limitation any documents supplied to an insurer in support of any claim. All documents reflecting, referring to, or relating to any denial of any insurance claims made because of the alleged leak of the humidifier. 18. All documents reflecting, referring to, or relating to any denial of any insurance claims made because of the alleged leak of the humidifier. 19. All documents reflecting, referring to, or relating to any repairs, alterations, changes or renovations to the humidifier or its related components, including without limitation any winterizing procedures, for a period including two (2) years before the alleged leak. 20. All communications between you and any person regarding the alleged leak of the humidifier, the cause of the alleged leak and the condition of the premises before or after the alleged leak. 21. All documents reflecting, referring to, or relating to the alleged damages resulting from the alleged leak including without limitation all itemized lists of real, or personal property, allegedly damaged; all appraisals, bids, estimates, bills, receipts, invoices, descriptions of work performed, or cancelled checks relating or pertaining to the original purchase, market value, repair, or replacement of the real or personal property allegedly damaged; and any price lists or other documents used as a source of information in calculating the alleged damages. 22. All photographs, video tapes, or other depictions, whether made before, during or after the alleged leak, of the real or personal property allegedly damaged. 23. All documents reflecting, referring to, or relating to any building, housing, or electrical code inspection, citation or violation of the premises for a period of two (2) years before the date of the alleged leak. 24. All documents consisting of, referring to, or relating to any statement, report or testimony given by you or any witness to the alleged leak of the humidifier regarding the alleged damages. 25. All documents including but not limited to correspondence, invoices, billings or any other communications between you and requesting defendants, its agents, servants and/or employees. 26. All documents reflecting, referring to, or relating to any previous or subsequent maintenance, repair and/or alterations to the humidifier and/or its related components. 27. All documents or tangible things you intend to use or offer as an exhibits or demonstrative aid at trial or otherwise show to the trier of fact. 28. All documents or things given to, received from or produced or compiled by any expert witness retained and expected to be called as a witness in this case. 29. A resume and curriculum vitae for each expert you have retained and intend upon calling as a witness at trial. 30. All documents on which any such identified expert relied or used to form or prepare an opinion or report relating to the humidifier and/or its related components or this case. 31. All reports, including drafts, by an expert expected to be called as a witness at trial relating to this case. 32. All documents reflecting, referring to, or relating to any tests, examinations or investigations performed by any expert expected to be called as a witness at trial relating to this case. 33. All documents constituting, reflecting, referring to, or relating to any communication by any expert expected to be a witness at trial with any other person concerning the humidifier and/or its components, the cause of the alleged leak of the humidifier, or this action. 34. All documents constituting, reflecting, referring to, or relating to time spent or fees charged by any expert witness who is expected to testify at trial. 35. All documents reflecting interests of persons other than Plaintiff in any recovery, judgment, or settlement in this case. 36. All information not otherwise requested in Paragraphs 1 through 35 above, which is contained in the files of Plaintiff(s) and/or Plaintiff(s) attorney, investigator and./or any other agent or representative and which is neither the mental impression of his/her attorney nor that attorney's conclusions, opinions, memoranda, notes, summaries, legal research or legal theories nor with respect to Plaintiff(s) representative other than his/her attorney, neither mental impressions, conclusions or opinions reflecting the value or merit of a claim or defense or respecting strategy tactics. Respectfully submitted, NIKOLAUS & HOHENADEL, LLP BY: oseph G. Muzic, Jr., Esquire Attorney for Defendant Date: 3-?// ???? j NIKOLAUS & HOHENAOEL, LLP ATTORNEYS AT LAW DONALD H. NIKOLAUS JOHN P. HOHENADEL 212 NORTH QUEEN STREET MATTHEW J. CREME, JR. LANCASTER, PA. 17603 JOHN F. MARKEL PAULA D. MUNSON 717/299-3726 RICHARD G. GREINER FAX 717/299-1811 JEFFREY A. MILLS MICHAEL S. GRAB JOSEPH G. MUZIC, JR.* dfarrell@n-hlaw.com LISA J. McCOY BARBARA REIST DILLON JOHN C. HOHENADEL July 21, 2010 BERNADETTE M.HOHENADEL ANTHONY MARC HOPKINS WANDA S. WHARE ROBERT S. CRONIN, JR. MANDY LLOYD HEINZ ANGEL E. TORRES Jeffrey M. Zielinski, Esquire Nelson Levine deLuca & Horst 518 Township Line Road, Suite 300 Blue Bell, PA 19422 COPY COUNSEL JOSEPH J. LOMBARDO BRYAN D. CUTLER 327 LOCUST STREET COLUMBIA, PA. 17512 717/684-4422 FAX 717/684-6099 215 WEST FOURTH STREET SUITE 106 QUARRY%ALLE, PA. 17566 717/786-1123 FAX 717/299-1811 *Certified Civil Trial Specialist By National Board of Trial Advocacy Re: Bridgeport Condominium Association v. Leggett, Inc. Dear Mr. Zielinski: I am writing simply to remind you that Defendant's discovery was sent to you on April 28, 2010 and are now past due. Having not heard from you regarding this discovery, I write to inquire as to when we might expect responses. Therefore, if we do not hear from you promptly with regard to this discovery, we shall assume a motion is necessary. Very truly yours, Denise M. Farrell, Pa.C.P. Paralegal /dmf cc: Mary Mathin, DMIC (68819) YX?-'73?T DONALD H. NIKOLAUS JOHN P. HOHENADEL MATTHEW J. CREME, JR. JOHN F. MARKEL PAULA D. MUNSON RICHARD G. GREINER JEFFREY A. MILLS MICHAEL S. GRAB JOSEPH G. MUZIC, JR. * USA J. McC OY BARBARA REIST DILLON JOHN C.HOHENADEL BERNADETTE M.HOHENADEL ANTHONY MARC HOPKINS WANDA S. WHARE ROBERT S. CRONIN. JR. MANDY LLOYD HEINZ ANGEL E. TORRES C- NIKOLAUS & HOHENADEL, LLP ATTORNEYS AT LAW 212 NORTH QUEEN STREET LANCASTER, PA. 17603 717/299-3726 FAX 717/299-1811 dfarrell@n-hlaw.com November 2, 2010 COPY COUNSEL JOSEPH J.LOMBARDO BRYAN D. CUTLER 327 LOCUST STREET COLUMBIA, PA. 17512 717/684-4422 FAX 717/684-5099 215 WEST FOURTH STREET SUITE 106 QUARRYVILLE, PA. 17566 717/786-1123 FAX 717/299-1811 *Certified Civil Trial Specialist By National Board of Trial Advocacy Jeffrey M. Zielinski, Esquire Nelson Levine deLuca & Horst 518 Township Line Road, Suite 300 Blue Bell, PA 19422 Dear Mr. Zielinski: Re: Bridgeport Condominium Association v. Leggett, Inc. Enclosed please find a courtesy copy of Defendant's Motion to Compel regarding the overdue discovery answers. Unless we receive your client's full and complete answers within ten (10) days of receipt of this letter, we will file the Motion with the court. Of course, should you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, j?6z, ?/ ?Denise M. Farrell, Pa.C.P. Paralegal , /dmf Enclosure cc: Mary Mathin, DMIC (68819) (w/o enclosure) CERTIFICATE OF SERVICE I, Denise M. Farrell, an employee with the law firm of Nikolaus & Hohenadel, LLP, hereby state that the within Motion to Compel was sent by first-class mail, postage prepaid on the date set forth to the following: Jeffrey M. Zielinski, Esquire Nelson Levine deLuca & Horst 518 Township Line Road, Suite 300 Blue Bell, PA 19422 NIKOLAUS & HOHENADEL, LLP BY: Denise M. Farrell, Pa.C.P. Paralegal Date: 111710 U,.& oft ,, e,-k @ a I "L h Joseph G. Muzic, Jr., Esquire NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 FAX: (717) 299-1811 jmuzic@n-hlaw.com Attorney I.D. No. 55919 Attorney for Defendant Leggett, Inc. n- -r FILED-OFFICE U.- IHE mip A 2010 DEC -6 PM 1: 17 r,UPENNSYlN.yA COUNTY NtA Bridgeport Condominium Association In the Court of Common Pleas of Cumberland County, Pennsylvania V. Civil Action-LAW No: 09-2672 Leggett, Inc. JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw Defendant Leggett, Inc.'s Motion to Compel against Plaintiff. NIKOLAUS & HOHENADEL, LLP BY: //Joseph G. Muzic, Jr., Esquire `; Zrney for Defendant Date: 1a1.?I D . L CERTIFICATE OF SERVICE I, Denise M. Farrell, an employee with the law firm of Nikolaus & Hohenadel, LLP, hereby state that the within Praecipe to Withdraw Defendant's Motion to Compel was sent by first-class mail, postage prepaid on the date set forth to the following: Jeffrey M. Zielinski, Esquire Nelson Levine deLuca & Horst 518 Township Line Road, Suite 300 Blue Bell, PA 19422 NIKOLAUS & HOHENADEL, LLP BY: Denise M. Farrell, Pa.C.P. Paralegal Date: j_?1_o21j() NELSON LEVINE de LUCA & HORST, LLC BY: KEVIN M. MCBETH, ESQUIRE IDENTIFICATION NO.: 91288 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 BRIDGEPORT CONDOMINIUM ASSOCIATION Plaintiff(s) V. LEGGETT, INC. Defendant(s) TO THE PROTHONOTARY: ATTORNEYS FOR PLAINTIFF BRIDGEPORT CONDOMINIUM ASSOCIATION COURT OF COMMON PLEAS CUMBERLAND COUNTY.:. C N CIVIL ACTION NO: 092 , -< > y Dg .. i c.0 ENTRY OF APPEARANCE Y ?i4a C) o ten, Please enter my appearance on behalf of Plaintiff, Bridgeport Condominium Association. NELSON LEVINE de LUCA & HORST, LLC BY: IN M. McBE H, ESQUIRE WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of Plaintiff, Bridgeport Condominium Association. NELSON LEVINE de LUCA & HORST, LLC BY: F ZIELINSK , IRE NELSON LEVINE de LUCA & HORST, LLC ATTORNEYS FOR PLAINTIFF BY: KEVIN M. MCBETH, ESQUIRE BRIDGEPORT CONDOMINIUM IDENTIFICATION NO.: 91288 ASSOCIATION 518 TOWNSHIP LINE ROAD, SUITE 300 BLUE BELL, PA 19422 (215) 358-5109 BRIDGEPORT CONDOMINIUM ASSOCIATION Plaintiff(s) V. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: 09-2672 LEGGETT, INC. Defend CERTIFICATE OF SERVICE I, Kevin M. McBeth, Esquire, hereby certify that a true and correct copy of the Entry of Kevin M. McBeth and Withdrawal of Jeffrey M. Zielinski on behalf of Plaintiff was served on the date shown below, upon counsel listed below by United States Mail, postage prepaid. Joseph G. Muzic, Jr., Esquire Nikolaus & Hohenadel, LLP 212 N. Queen Street Lancaster, P A 17603 NELSON LEVINE de LUCA & HORST, LLC BY: K VIN M. MC TH, ESQUIRE ATTORNEYS FOR PLAINTIFF BRIDGEPORT CONDOMINIUM ASSOCIATION Dated: l 11 ��-�y4�� C �ri�>�►►�wc In The Court of Common Pleas of Cumberland . poc►?►-r►tr+.1 Plaintiff County, Pennsylvania No.09 Defendant Civil Action-Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office fidelity. S ianature S ianature �n,�ew v XL,. IE26C �- QL re� Name (Chairman) Name Name Law Firm Law Firm / r 1 Law Firm ?U �.�K 14 W 4� S� ,t`I G�.viOVGv Sf- Address - Address Address -�-w cQ allAMk,D City, Zip City; Zip City, Zip Award We. the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) M p o�� ° -qze t� \9P C"A `ct5tstc����r d�VV-Sid �'t u 3 ....... __.__. .--_ -.-- -.-- .- -- _ _.-- __._-._ .....-__ ._ _. tor;,dissents {Insert--name-if-applicable-.) Date of Hearing: ]'4 SaLh ,��3 (Chairman) Date of Award: Notice of Entry of Award Nov, the 1­2'71,day of 20 /3 at //-Ofo , _.M.;the above award was entered upon the docket and notice th reof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S /lo`57.1 4 a y� �J A By: Prothonotary Deputy ?'P L Imp..SFr lC [�F THE E'R01H0,14 0 fi";R, Y 20135 P 17 AM 11. 06 CUMBERLAND COUNTY PENNSYLVANIA i '9117/3 all � R��6 N A AD CU �f Joseph G. Muzic, Jr., Esquire NIKOLAUS &HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 (717) 299-1811 fax jmuzic @n-hlaw.com Attorney I.D. No. 55919 Attorney for Defendant Leggett, Inc. BRIDGEPORT CONDOMINIUM IN THE COURT OF COMMON PLEAS • ASSOCIATION, : OF CUMBERLAND COUNTY, PENNA. Plaintiff • • CIVIL ACTION—LAW vs. • • NO. 09-2672 LEGGETT, INC. Defendant • JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Defendant and against Plaintiff, as set forth on the attached Award of Arbitrators. NIKO HOHENAD • - Date: 11 oZ5 /3 I Joseph .. Muzic, Jr., Esquire Atto ,ey for ►-fendant Leggett, Inc. ,} tO1d athi Cats- D69 loo �e c\ a,\ed 34-,v4a✓90 ��A,ru,44-i 9 WL In The Court of Common Pleas of Curnberland .�;soc, '►ate Plaintiff County, Pennsylvania No.O - 2(9-3 Z. 1.g.c(r. .1-1- , sue. Defendant Civil Action—Law. . Oath We do solemnly swear (or affirm)that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office t' ■ idelity. -Air 7. . _, ,...... i........—___ Signature ozitiLti Signature ��.ge c, ? )4 A....1.4•4. LY2 K a- e tek Name (Chairman) Name Name Lam vs e b i e i.Orr-,C- t--C- (3 '2 L,n-vE 1- 'l, , Law Firm Law Finn Law Firm ?o 3.)-- L4 loa k 5_ fr(c' ovG Sf• Address - Address Address 144,=,—w Co trve eilLA-AkD Ca 4/41716 PA ON City, Zip City, Zip City, Zip Award C. We, the undersigned arbitrators, having been duly appointed and sworn(or affirmed), make the following award: (Note: If damages for delay are awarded,they shall be separately stated.) "�-Y, t A g—),i,n e 0Q* )-,o.c e C c N c�i )- -)Z �eJ-Gi C1y...-i TS ' ieth- ge 's- Npe den sut s. v, A C'on<\ .....)4- &o. - °v' 0 - mvu • A . • ... ».}.■ tor;dissents-{Lnsert--name-if-applicabie:).._..... • Date of Hearin: l'- See)-- 20 r 1 : )73-6.-------'..''''''.'''....'''''''''' (Chairman)Date of Award: )7 5e25-2-013 _—,_ ` .``_ ` Notice of Entry of Award Now, the / 7‘f4 day of , 20 /3 , at j j-06 ; .M., the above award was entered upon the docket and notice th reof given by mail to the parties or their attorneys. . . Arbitrators' compensation to be paid upon appeal: S /6os ) . _.. ) 1)12,‘,,..„ IJ.. L.. By: a ..' it . WA . 11. . Jai 0.A_�1. ProthoW COPY FROM R; CORD Deputy In Testimony whereof,I here unto set my hand and the seal of said Court at,Carlisle,Pa This i-7 day of c�'�4' ,20 /LA.4.17k. Pr not�,1 2 a No. 09-2672 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe for Entry of Judgment was sent by first-class mail,postage prepaid on the date set forth to the following: Kevin M. McBeth, Esquire Nelson.Levine deLuca.&Horst, LLC 518 Township Line Road, Suite 300 Blue Bell, PA 19422 NIKOLAUS &HOHENADEL, LLP Date: //'0)-5'13 41119 Jose■. c,Jr., Esquire At • - or Defendant Leggett, Inc. 3