HomeMy WebLinkAbout04-2798lJ`
PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL, PA 19422
(610) 941-3600
ATTORNEYS FOR PLAINTIFF
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
HUSBAND AND WIFE
125 LINCOLN STREET
MARYSVILLE, PA 17053
VS.
SHEETZ,INC.
6558 CARLISLE PIKE
MECHANICSBURG, PA 17055
AND
OPW ENGINEERED SYSTEMS
2726 HENKLE DRIVE
LEBANON, OH 45209
AND
RICHARDS INDUSTRIES VALVE GROUP
3170 WASSON ROAD
CINCINNATI, OH 45209
AND
KEYSTONE PETROLEUM
981 TRINDLE ROAD WEST
MECHANICSBURG, PA 17055
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Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
(717) 249-1177
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. JURY TRIAL DEMANDED
CIVIL ACTION
AVISO
Le han demandado a usted an Is Corte. Si usted quiere defenderse de
estas demandas expuestas en Ise paginas sign ientes, usted tiene (20) dias
de plaza a partir de Is fecha de Is demands y la notifcacion. Usted dabs
presenter una apariencia escdta o an persona o par abogado y archivar an
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persona. Sea avisado qua si usted no as defence, Is carte lomara
medidas y puede entrar una orden contra usted sin previo aviso 0
notificacion o par cualqier queja o alivio qua espedido an Is peticion de
demands. Usted puede perder dinero, sus propiedades o otros derechos
importantes pars usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO
TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARA
PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO
A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL PA 19422
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
ATTORNEYS FOR PLAINTIFF
VICKIE D. BORGOLINI AND HIRAM BORGOLINI : IN THE COURT OF COMMON
HUSBAND AND WIFE : PLEAS OF CUMBERLAND
125 LINCOLN STREET : COUNTY PENNSYLVANIA
MARYSVILLE, PA 17053
NO.
VS.
SHEETZ, INC.
6558 CARLISLE PIKE
MECHANICSBURG, PA 17055
AND
DPW ENGINEERED SYSTEMS
2726 HENKLE DRIVE
LEBANON, OH 45209
AND
RICHARDS INDUSTRIES VALVE GROUP
3170 WASSON ROAD
CINCINNATI, OH 45209
AND
KEYSTONE PETROLEUM
981 TRINDLE ROAD WEST
MECHANICSBURG, PA 17055
COMPLAINT
JURY TRIAL DEMANDED
CIVIL ACTION
The Plaintiffs, Vickie D. Borgolini and Hiram Borgolini, by their attorneys Paul F.
D'Emilio, Esquire and Stephanie E. Chertok, Esquire, bring action upon a cause
whereof the following is a statement:
I . Plaintiffs Vickie D. Borgolini, and her spouse, Hiram Borgolini, are adult
individuals who currently reside at 125 Lincoln Street, Marysville, PA 17053, PA.
2. Defendant, Sheetz Inc. ("Sheetz"), is a corporation authorized to do business in
the Commonwealth of Pennsylvania located and operating at 6558 Carlisle Pike,
Mechanicsburg, PA 17055.
At all times hereinafter mentioned Defendant, Sheetz owned and operated a
convenience store and gas station at 6558 Carlisle Pike, Mechanicsburg , PA 17055.
3. Defendant, OPW Engineered Systems ("OPW") is a corporation organized and
existing under the laws of the State of Ohio with its principal place of business at 2726
Henkle Drive, Lebannon, OH 45306.
At all times hereinafter mentioned Defendant, OPW manufactured parts of the
pump no. 5 at the Sheetz gas station at 6558 Carlisle Pike, Mechanicsburg , PA 17055.
4. Defendant, Richards Industries Valve Group ('Richards") is a corporation
organized and existing under the laws of the State of Ohio with its principal place of
business at 3170 Wasson Road, Cincinnati, OH 45209.
At all times hereinafter mentioned Defendant, Richards manufactured parts of
the pump no. 5 at the Sheetz gas station at 6558 Carlisle Pike, Mechanicsburg , PA
17055
5. Defendant, Keystone Petroleum ("Keystone'), is a corporation authorized to
do business in the Commonwealth of Pennsylvania with its principal place of business
at 981 Trindle Road West, Mechanicsburg, PA 17055.
At all times hereinafter mentioned Defendant, Keystone sold and/or serviced the
gas pump and pump nozzle #6 at the Sheetz gas station.
6. At all times hereinafter mentioned Defendants acted though their agents,
workmen, servants and employees, then and there engaged in the business of the
Defendants within the course and scope of their employment.
1
7. On or about June 27, 2002, the Plaintiff Vickie D. Borgolini drove up to pump #6
at the Sheetz gas station located at 6558 Carlisle Pike, Mechanicsburg , PA 17055 to
fuel her automobile which had less than one-quarter of a tank of gasoline remaining.
8. The Plaintiff, Vickie D. Borgolini was in the process of fueling her vehicle when
suddenly and without warning, the nozzle of the gas pump malfunctioned and the
nozzle while still in her hand burst from the car, burst rom the car with fuel spouting
from it causing the injuries herein set forth.
9. The malfunction caused gasoline to spray the Plaintiff, Vickie D.
Borgolini, saturating her chest and gushing directly onto her face and eyes.
10. At all times hereinafter mentioned Defendants knew, should have known and
in the exercise of due care could have known that pump no. 5 was malfunctioning or
defective.
11. By reason of the negligence of the Defendants, Plaintiff Vickie D. Borgolini,
sustained serious first degree burns to her face, chest and also to her eyes, injury to
her eyes, and severe shock and injury to her nerves and nervous system all of which
caused the Plaintiff great pain and agony.
12. As a result of the injuries sustained Plaintiff has been obliged to expend various
sums of money for medicine and medical attention in endeavoring to cure herself of her
said injuries and may well be compelled to expend additional sums in the future.
13. As a consequence of her injury, Plaintiff has in the past and may in the future be
hindered, restricted and prevented from carrying on her usual and customary duties and
occupation, wherefore she has lost the emoluments of said employment to her great
financial damage and lost.
Count I
Negligence
14. Plaintiffs incorporates all of the allegations contained in paragraphs 1 through 13
inclusive as fully as though the same were herein set forth at length.
2
15. The said occurrence was due to the negligence of the Defendants individually
and through their agents, servants, workmen, and employees within the course and
scope of their employment, in that they:
a. failed to provide a safe pump and related parts of the pump systems (all
referred as "pump system") to its customer the Plaintiff Vickie D. Borgolini;
b. failed to adequately check and inspect pump system for signs of defects;
C. failed to insure that the pump system was in proper working order;
d. failed to recognize any defects with said pump system;
e. failed to provide protective devices and/or safety features to prevent
injuries
f. failed to provide a safe pump systems;
g. did distribute, supply, service, manufacture and sell the pump
systems in a dangerous condition so as to cause injury to Plaintiff;
h. did create and allow a dangerous condition by failing to provide proper
instructions for handling of pump systems;
failed to exercise the requisite degree of care and caution in the
distribution, manufacture, service, supply and sale of the pump system;
failed to take reasonable precautions to warn of the dangers to which
Plaintiff was exposed when Defendant knew or should have known of the dangers;
k, failed to warn Plaintiff what would be safe and sufficient usage of the
pump system;
failed to attach a safety device that would prevent the aforesaid
occurrence;
M. failed to maintain the pump system properly;
n. failed to use due care and caution under the circumstances; and
o. failed to use that degree of care skill, foresight and caution required under
3
the circumstances and by the laws of the Commonwealth of Pennsylvania and the
United States of America.
15. At all times relevant hereto, the above-named Defendant's acted jointly and
severally, and the Defendants are jointly and/or severally liable to the Plaintiffs.
Count II
Strict Liability
16. Plaintiffs incorporates all of the allegations contained in paragraphs 1 through 15
inclusive as fully as though the same were herein and set forth at length.
17. Defendants are strictly liable to Plaintiffs as Follows:
a. failure to properly, adequately and safely label their product or
products;
b. selling a product or products that was in a defective condition and
was unreasonably dangerous for its intended use; and
c. failure to give adequate and complete warnings of the known or knowable
dangers involved in the use and exposure to the product or products.
18. At the time of the occurrence, Plaintiff was using the product as intended by
Defendants
19. The defective condition of the pump system was the direct and proximate
cause of Plaintiff's injuries.
20. Based upon the foregoing, Defendants are strictly liable to Plaintiffs under the
principals of the Restatement of Torts.
Count III
Breach of Warranty
21. Plaintiffs incorporates all of the allegations contained in paragraphs 1 through 20
inclusive as fully as though the same were herein and set forth at length.
22. As a result of the foregoing Defendants are liable to the Plaintiffs for the breach
of express and/or implied warranties that the product or products sold by them were
4
merchantable, fit for use, and suitable and fit for particular purpose under common law.
23. Defendants expressly and impliedly promised, covenant and warranted that their
aforesaid pump system, including all related components, would be merchantable, safe,
free of hazards and fit for particular use and purpose, for which it was intended.
24. Plaintiff relied, to her detriment, upon the aforesaid promises, covenants,
warranties and other representations of Defendants.
25. Defendants by their aforesaid conduct, breached and/or violated the aforesaid
expressed and/or implied warranties, promises and covenants, and their warranty of
merchantability regarding the product thereby causing damage to Plaintiff, as a result
whereof Defendants are liable to Plaintiff for her damages.
26. Defendants by the aforesaid conduct, breached and/or violated their warranty
and covenant that the pump system was fit for the particular purpose for which it was
intended thereby causing damage to Plaintiff, as a result whereof Defendants are liable
to Plaintiff for her damages.
27. As a direct and proximate result of the breach of these express and implied
warranties, Plaintiff suffered the injuries described above.
28. Defendants have been given timely notice of their aforesaid breach of warranty.
Count IV
Hiram Borgolini v. All Defendants
29. Plaintiffs incorporates all of the allegations contained in paragraphs 1 through 28
inclusive as fully as though the same were herein and set forth at length.
30. Solely as a result of the negligence of the Defendants, Plaintiff has been and
may and will in the future be deprived of the assistance and society of his wife, all of
which has been and will in the future be to her great financial damage and loss.
WHEREFORE, Plaintiffs demand judgment against each Defendant jointly and
severally on each Count, in an amount in excess of Twenty-Five Thousand and 00/100
Dollars ($25,000.00) together with interest, delay damages and costs of suit.
5
aul Emilio, Esquire
Co-counsel for the Plaintiff
Puleo & D'Emilio, LLC
Attorney ID #16654
660 Sentry Parkway,
Blue Bell, Pa 19422
(610) 941-3600
Ste anie E. Chertok, Esquire
Co-counsel for the Plaintiff
Attorney ID #52651
61 W. Louther St.
Carlisle, PA 17013
(717) 249-1177
VERIFICATION
Vickie D. Borgolini and Hiram Borgolini, Plaintiffs in the above-captioned matter
verify that the facts contained in the foregoing Complaint are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to authorities.
DATE:
JLqJ0 Y? L
Vickie D. Borgolini
Plainti
DATE:
i am Borgolini
Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02798 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BORGOLINI VICKI ET AL
VS
SHEETZ INC ET AL
CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KEYSTONE PETROLEUM the
DEFENDANT , at 1342:00 HOURS, on the 21st day of June 2004
at 981 TRINDLE ROAD WEST
MECHANICSBURG, PA 17055 by handing to
CHRIS WEIKERT, VICE PRESIDENT ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 11.04
Affidavit .00
Surcharge 10.00
.00
27.04
Sworn and Subscribed to before
me this 7 day of
??ux a? W A. D .
C r thonotarry
So Answers:
R. Thomas Kline %i
06/22/2004
PULEO & DEMILIO
BY: -
D uty Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-02798 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BORGOLINI VICKI ET AL
VS
SHEETZ INC ET AL
CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of
Cumberland County,Pennsyivania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SHEETZ INC
the
DEFENDANT at 1327:00 HOURS, on the 21st day of June , 2004
at 6558 CARLISLE PIKE
MECHANICSBURG, PA 17055 by handing to
PAUL ROTHROCK, MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 6.90
Affidavit .00
Surcharge 10.00
.00
34.90
Sworn and Subscribed to before
me this -7$ day of
?oU A. D.
rothonotary '
So Answers:
R. Thomas Kline
06/22/2004
PULEO & DEMILIO
By: -
Dep ty Sherif
ohnson, Duffle, Stewart & Weidner
y: C. Roy Weidner, Jr.
D. No. 19530
01 Market Street
'. O. Box 109
cmoyne, Pennsylvania 17043-0109
717) 761-4540
VICKIE D. BORGOLINI and
HIRAM BORGOLINI,
Attorneys for Keystone Petroleum
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-2798
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE PETROLEUM,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO ENTER APPEARANCE
AND NOW, this 14' day of July, 2004, enter the appearance: of C. ROY WEIDNER, JR., I.D. 19530, on
behalf of Defendant Keystone Petroleum in the above captioned suit.
JOHNSON, DUFFIE, STEWART & WEIDNER
BC.--y!
C. Roy Weidner, Jr.
:232130
22740-1794
CERTIFICATE OF SERVICE
AND NOW, this 14' day of July, 2004, the undersigned does hereby certify that she did this date
serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in
he United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Paul F. D'Emilio, Esquire
Puleo & D'Emilio, LLC
660 Sentry Parkway
Blue Bell, PA 19422
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013
Sheetz, Inc.
6558 Carlisle Pike
Mechanicsburg, PA 17055
OPW Engineered Systems
2726 Henkle Drive
Lebanon, OH 45209
Richards Industries Valve Group
3170 Wasson Road
Cincinnati, OH 45209
JOHNSON, DUFFIE, STEWART & WEIDNER
Michelle 9Y
:232130
22740-1794
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Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Keystone Petroleum
VICKIE D. BORGOLINI and IN THE COURT OF COMMON PLEAS OF
HIRAM BORGOLINI, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs NO. 2004-2798
V. CIVIL ACTION - LAW
SHEETZ, INC., OPW ENGINEERED JURY TRIAL DEMANDED
SYSTEMS, RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE PETROLEUM,
Defendants
PRELIMINARY OBJECTION OF
KEYSTONE PETROLEUM TO PLAINTIFFS' COMPLAINT
AND NOW, this 22nd day of July, 2004, comes Defendant Keystone Petroleum, through its
undersigned attorneys, and preliminarily objects to Plaintiffs' complaint upon the following:
1. Paragraph 15 of Plaintiffs' complaint contains the following averments of negligence on the
part of Defendants:
n. failed to use due care and caution under the circumstances; and
o. failed to use that degree of care skill, foresiight and caution required
under the circumstances and by the laws of the Commonwealth of
Pennsylvania and the United States of America.
2. Pa. R.C.P. No. 1019(a) requires that the material facts on which a cause of action or defense
is based shall be stated in concise and summary form.
3. The above quoted subparagraphs of paragraph 15 of Plaintiffs' complaint fail to comply with
said rule.
WHEREFORE, Defendant Keystone Petroleum moves that the above quoted subparagraphs of
paragraph 15 of Plaintiffs' complaint be stricken for failure to comply with rule of court.
:232126
22740-1794
JOHNSON, DUFFIE, STEWART & WEIDNER
By:_ !/
(L;-My Weidner, Jr.
'9torney I.D. No. 19530
Wade D. Manley
Attorney I.D. No. 87244
CERTIFICATE OF SERVICE
AND NOW, this 22nd day of July, 2004, the undersigned does hereby certify that she did this date
serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in
the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Paul F. D'Emilio, Esquire
Puleo & D'Emilio, LLC
660 Sentry Parkway
Blue Bell, PA 19422
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013
Sheetz, Inc.
6558 Carlisle Pike
Mechanicsburg, PA 17055
OPW Engineered Systems
2726 Henkle Drive
Lebanon, OH 45209
Richards Industries Valve Group
3170 Wasson Road
Cincinnati, OH 45209
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Michelle Hagy
:232126
22740-1794
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PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL PA 19422
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
ATTORNEYS FOR PLAINTIFFS
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
HUSBAND AND WIFE
125 LINCOLN STREET
MARYSVILLE, PA 17053
VS.
SHEETZ, INC.
6558 CARLISLE PIKE
MECHANICSBURG, PA 17055
AND
OPW ENGINEERED SYSTEMS
2726 HENKLE DRIVE
LEBANON, OH 45209
AND
DPW FUELING COMPONENTS
9393 PRINCETON-GLENDALE ROAD
CINCINNATI, OHIO 45011
AND
RICHARDS INDUSTRIES VALVE GROUP
129 MANUFACTURERS ROAD
ROCKWOOD, TENNESSEE 37854
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. 04-2798 CIVIL
JURY TRIAL DEMANDED
AND
KEYSTONE PETROLEUM CIVIL ACTION
981 TRINDLE ROAD WEST
MECHANICSBURG PA 17055
AMENDED COMPLAINT
The Plaintiffs, Vickie D. Borgolini and Hiram Borgolini, by their attorneys Paul F.
D'Emilio, Esquire and Stephanie E. Chertok, Esquire, bring action upon a cause
whereof the following is a statement:
1. Plaintiffs Vickie D. Borgolini, and her spouse, Hiram Borgolini, are adult
individuals who currently reside at 125 Lincoln Street, Marysville, PA 17053, PA.
2. Defendant, Sheetz Inc. ("Sheetz"), is a corporation authorized to do business in
the Commonwealth of Pennsylvania located and operating at 6558 Carlisle Pike,
Mechanicsburg, PA 17055.
At all times hereinafter mentioned Defendant, Sheetz owned and operated a
convenience store and gas station at 6558 Carlisle Pike, Mechanicsburg , PA 17055.
3. Defendant, OPW Engineered Systems ("OPW Engineered") is a corporation
organized and existing under the laws of the State of Ohio with its principal place of
business at 2726 Henkle Drive, Lebanon, OH 45306.
4. Defendant, OPW Fueling Components ("OPW Fuelling") is a corporation
organized and existing under the laws of the State of Ohio with its principal place of
business at 9393 Princeton-Glendale Road, Cincinnati, OH 45011.
5. At all times hereinafter mentioned, either Defendant OPW Fueling or
OPW Engineered manufactured parts of pump no. 5 at the Sheetz gas station at 6558
Carlisle Pike, Mechanicsburg , PA 17055.
6. Defendant, Richards Industries Valve Group ("Richards") is a corporation
organized and existing under the laws of the State of Tennessee with its principal place
2
of business at 129 Manufacturers Road, Rockwood, TN 37854.
At all times hereinafter mentioned Defendant, Richards, manufactured parts of
pump no. 5 at the Sheetz gas station at 6558 Carlisle Pike, Mechanicsburg , PA 17055.
7. Defendant Keystone Petroleum ("Keystone'), is a corporation authorized to
do business in the Commonwealth of Pennsylvania with its principal place of business
at 981 Trindle Road West, Mechanicsburg, PA 17055.
At all times hereinafter mentioned Defendant, Keystone sold and/or serviced the
gas pump and pump nozzle #5 at the Sheetz gas station.
8. At all times hereinafter mentioned Defendants acted though their agents,
workmen, servants and employees, then and there engaged in the business of the
Defendants within the course and scope of their employment.
9. On or about June 27, 2002, the Plaintiff Vickie D. Borgolini drove up to pump #5
at the Sheetz gas station located at 6558 Carlisle Pike, Mechanicsburg , PA 17055 to
fuel her automobile which had less than one-quarter of a tank of gasoline remaining.
10. The Plaintiff, Vickie D. Borgolini was in the process of fueling her vehicle when
suddenly and without warning, the nozzle of the gas pump malfunctioned and the
nozzle while still in her hand burst from the car with fuel spouting from it causing the
injuries herein set forth.
11. The malfunction caused gasoline to spray the Plaintiff, Vickie D. Borgolini,
saturating her chest and gushing directly onto her face and eyes.
12. At all times hereinafter mentioned Defendants knew, should have known and
in the exercise of due care could have known that pump no. 5 was malfunctioning or
3
defective.
13. By reason of the negligence of the Defendants, Plaintiff Vickie D. Borgolini,
sustained serious first degree burns to her face, chest and also to her eyes, injury to
her eyes, and severe shock and injury to her nerves and nervous system all of which
caused the Plaintiff great pain and agony.
14. As a result of the injuries sustained Plaintiff has been obliged to expend various
sums of money for medicine and medical attention in endeavoring to cure herself of her
said injuries and may well be compelled to expend additional sums in the future.
15. As a consequence of her injury, Plaintiff has in the past and may in the future be
hindered, restricted and prevented from carrying on her usual and customary duties and
occupation, wherefore she has lost the emoluments of said employment to her great
financial damage and lost.
CountI
Negligence
16. Plaintiff incorporates all of the allegations contained in paragraphs 1 through 15
inclusive as fully as though the same were herein set forth at length.
17. The said occurrence was due to the negligence of the Defendants individually
and through their agents, servants, workmen, and employees within the course and
scope of their employment, in that they:
a. failed to provide a safe pump and related parts of the pump systems (all
referred as "Pump System") to its customer the Plaintiff Vickie D. Borgolini;
b. failed to adequately check and inspect Pump System for signs of defects;
C. failed to insure that the Pump System was in proper working order;
4
d. failed to recognize any defects with said Pump System;
e. failed to provide protective devices and/or safety features to prevent
injuries;
f. failed to provide safe Pump Systems;
g. did distribute, supply, service, manufacture and sell the pump
systems in a dangerous condition so as to cause injury to Plaintiff;
h. did create and allow a dangerous condition by failing to provide proper
instructions for handling of Pump Systems;
failed to exercise the requisite degree of care and caution in the
distribution, manufacture, service, supply and sale of the Pump System;
failed to take reasonable precautions to warn of the dangers to which
Plaintiff was exposed when Defendant knew or should have known of the dangers;
k. failed to warn Plaintiff what would be safe and sufficient usage of the
Pump System;
1. failed to attach a safety device that would prevent the aforesaid
occurrence;
M. failed to maintain the Pump System properly;
n. Failed to use that degree of care, skill, foresight and caution required by
the Laws of the Commonwealth of Pennsylvania and the United States of America
relating to the manufacturing, distribution, service, supplying, sale and servicing of the
Pump System.
18. At all times relevant hereto, the above-named Defendant's acted jointly and
severally, and the Defendants are jointly and/or severally liable to the Plaintiffs.
5
Count II
Strict Liability
19. Plaintiffs incorporate all of the allegations contained in paragraphs 1 through 18
inclusive as fully as though the same were herein and set: forth at length.
20. Defendants are strictly liable to Plaintiffs as Follows:
a. failure to properly, adequately and safely label their product or
products;
b. selling a product or products that was in a defective condition and
was unreasonably dangerous for its intended use; and
c. failure to give adequate and complete warnings of the known or knowable
dangers involved in the use and exposure to the product or products.
21. At the time of the occurrence, Plaintiff was using the product as intended by
Defendants.
22. The defective condition of the Pump System was the direct and proximate
cause of Plaintiffs injuries.
23. Based upon the foregoing, Defendants are strictly liable to Plaintiffs under the
principals of the Restatement of Torts.
Count III
Breach of Warranty
24. Plaintiffs incorporate all of the allegations contained in paragraphs 1 through 23
inclusive as fully as though the same were herein and set forth at length.
25. As a result of the foregoing Defendants are liable to the Plaintiffs for the breach
of express and/or implied warranties that the product or products sold by them were
6
merchantable, fit for use, and suitable and fit for particular purpose under common law.
26. Defendants expressly and impliedly promised, covenant and warranted that their
aforesaid Pump System, including all related components, would be merchantable,
safe, free of hazards and fit for particular use and purpose, for which it was intended.
27. Plaintiff relied, to her detriment, upon the aforesaid promises, covenants,
warranties and other representations of Defendants.
28. Defendants, by their aforesaid conduct, breached and/or violated the aforesaid
expressed and/or implied warranties, promises and covenants, and their warranty of
merchantability regarding the product thereby causing damage to Plaintiff, as a result
whereof Defendants are liable to Plaintiffs for her damages.
29. Defendants by the aforesaid conduct, breached and/or violated their warranty
and covenant that the Pump System was fit for the particular purpose for which it was
intended thereby causing damage to Plaintiff, as a result whereof Defendants are liable
to Plaintiff for her damages.
30. As a direct and proximate result of the breach of these express and implied
warranties, Plaintiff suffered the injuries described above.
31. Defendants have been given timely notice of their aforesaid breach of warranty.
Count IV
Hiram Borgolini v. All Defendants
32. Plaintiff incorporates all of the allegations contained in paragraphs 1 through 31
inclusive as fully as though the same were herein and set forth at length.
33. Solely as a result of the negligence of the Defendants, Plaintiff has been and
may and will in the future be deprived of the assistance and society of his wife, all of
7
which has been and will in the future be to her great financial damage and loss.
WHEREFORE, Plaintiffs demand judgment against each Defendant jointly and
severally on each Count, in an amount in excess of Twenty-Five Thousand and
00/100 Dollars ($25,000.00) together with interest, delay damages and costs of suit.
ul F. D' .milio, Esquire
Co-counsel for the Plaintiffs
Puleo & D'Emilio, LLC
Attorney ID #16654
660 Sentry Parkway,
Blue Bell, Pa 19422
(610) 941-3600
Step nie E. C ertok, Esquire
Co-counsel for the Plaintiffs
Attorney ID #52651
61 W. Louther St.
Carlisle, PA, 17013
(717) 249-1177
8
VERIFICATION
Vickie D. Borgolini and Hiram Borgolini, Plaintiffs in the above-captioned matter
verify that the facts contained in the foregoing Complaint are true and correct. We
understand that false statements herein are made subject to the penalties of 18 Pa.
CS. Section 4904 relating to unsworn falsification to authorities.
DATE: 30 ?0d
Vickie D. Borgolini
Plaintiff
DATE: 3!% Zd 0 Y c '
Hi am Borgolini
Plaintiff
9
PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL PA 19422
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
ATTORNEYS FOR PLAINTIFFS
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
HUSBAND AND WIFE
VS.
INI THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. 04-2798 CIVIL
SHEETZ, INC.
OPW ENGINEERED SYSTEMS
OPW FUELING COMPONENTS :JURY TRIAL DEMANDED
RICHARDS INDUSTRIES VALVE GROUP
KEYSTONE PETROLEUM : CIVIL ACTION
CERTIFICATION OF SERVICE
I, PAUL F. D'EMILIO, ESQUIRE, hereby certify that a true and correct copy of the
Amended Complaint in the above-entitled matter has been served upon the following persons
on the q0j day of August, 2004 by first-class U.S. Mail, postage prepaid:
C. Roy Weidner, Esquire
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street
PO Box 109
Lemoyne, PA 17043-0109
Richards Industries Valve Group
129 Manufacturers Road
Rockwood, Tennessee 37854
Sheetz, Inc.
6558 Carlisle Pike
Mechanicsburg, PA 17055
David F. White, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
620 West Germantown Pike, Suite 350
Plymouth Meeting, PA 19426-1 6
Pau F. D'Emilio, Esquire
10
Attorney for Plaintiff
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Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
VICKIE D. BORGOLINI and
HIRAM BORGOLINI,
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE PETROLEUM,
Defendants
Attorneys for Keystone Petroleum
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRELIMINARY OBJECTION OF
KEYSTONE PETROLEUM TO PLAINTIFFS' AMENDED COMPLAINT
AND NOW, this ? day of August, 2004, comes Defendant Keystone Petroleum, through its
undersigned attorneys, and preliminarily objects to Plaintiffs' amended complaint upon the following:
1. Paragraph 17 of Plaintiffs' amended complaint contains the following averments of negligence
on the part of Defendants:
n. Failed to use that degree of care, skill, foresight and caution required
by the laws of the Commonwealth of Pennsylvania and the United
States of America relating to the manufacturing, distribution, service,
supplying and sale and servicing of the Pump System.
2. Pa. R.C.P. No. 1019(a) requires that the material facts on which a cause of action or defense
is based shall be stated in concise and summary form.
3. The above quoted subparagraph of paragraph 17 of Plaintiffs' amended complaint fails to
comply with said rule.
WHEREFORE, Defendant Keystone Petroleum moves that the above quoted subparagraph of
paragraph 17 of Plaintiffs' amended complaint be stricken for failure to comply with rule of court or,
alternatively, that an order be entered that Plaintiffs file a more specific complaint setting forth the facts that
give rise to their claim that Defendants failed to use that degree of care, skill, foresight and caution required
by the Laws of the Commonwealth of Pennsylvania and the United States of America relating to the
manufacturing, distribution, service, supplying, sale and servicing of the Pump System.
JOHNSON, DUFFIE, STEWART &
C. Roy
Jr.
:234312
22740-1794
CERTIFICATE OF SERVICE
AND NOW, this L?day of August, 2004, the undersigned does hereby certify that she did this
date serve a copy of the foregoing document upon the other parties of record by causing same to be
deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as
follows:
Paul F. D'Emilio, Esquire
Puleo & D'Emilio, LLC
660 Sentry Parkway
Blue Bell, PA 19422
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013
Sheetz, Inc.
6558 Carlisle Pike
Mechanicsburg, PA 17055
OPW Engineered Systems
2726 Henkle Drive
Lebanon, OH 45209
Richards Industries Valve Group
129 Manufacturers Road
Rockwood,TN 37854
JOHNSON, DUFFIE, STEWART & WEIDNER
By: :11L r??ld/
chelle Hagy
:234312
22740-1794
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THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendant Sheetz, Inc.
VICKIE D. BERGOLINI and HIRAM
BERGOLINI
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, OPW FUELING
COMPONENTS, RICHARDS
INDUSTRIES VALVE GROUP and
KEYSTONE PETROLEUM
Defendants
NO. 04-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned as attorneys for Defendant in the above
matter.
Respectfully submitted,
DATE: 9/s/o
THOMAS, THOMAS & HAFER, LLP
By: C /
Kevin C. McNamara, Esquire
I.D.#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendant Sheetz, Inc.
312077-1
CERTIFICATE OF SERVICE
I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy
of the foregoing document on the following person by placing same in the United States mail,
postage prepaid, on the3l day of r 2004:
Paul F. D'Emilio, Esquire
PULEO & D'EMILIO, LLC
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013-2936
C. Roy Weidner, Esuire
Jefferson J. Shipman, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
David F. White, Esquire
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
620 West Germantown Pike, Suite 350
Plymouth Meeting, PA 19426-1056
Richards Industries Valve Group
129 Manufacturers Road
Rockwood, TN 37854
THOMAS, THOMAS & HAFER, LLP
By ' C
Kevin C. McNamara, Esquire
312077-1
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PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL PA 19422
ATTORNEYS FOR PLAINTIFFS
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1'177
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
VS.
INI THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
SHEETZ, INC. : NO. 04-2798
DPW ENGINEERED SYSTEMS
RICHARDS INDUSTRIES VALVE GROUP, and : CIVIL ACTION
KEYSTONE PETROLEUM : JURY TRIAL DEMANDED
ANSWER OF PLAINTIFF TO THE
PRELIMINARY OBJECTIONS OF KEYSTONE PETROLEUM
TO PLAINTIFF'S COMPLAINT
Plaintiffs by their attorneys Paul F. D'Emilio, Esquire and Stephanie E. Chertok, Esquire
answer the Preliminary Objections of Keystone Petroleum and set forth as follows:
1. Admitted.
2-3. Rule Pa. R.C.P. No. 1019(a) speaks for itself. However, the material facts on which
the cause of action is based are pleaded in paragraphs 1-13 of the Complaint, and a true and
correct copy of those allegations are attached hereto, made part hereof and marked Exhibit "A."
WHEREFORE, Plaintiffs demand judgment against each Defendant jointly and severally
on each Count, in an amount in excess of Twenty-Five Thousand and 00/100 Dollars
($25,000.00) together with interest, delay damages as costs of suit.
t 1_4 -L -
Paul F. D' ilio, Esquire
Co-counsel for Plaintiffs
Puleo & D'Emilio, LLC
Attorney ID #16654
660 Sentry Parkway, Ste. 210
Blue Bell, PA 19422
610-941-3600
,oStep ante E. Chertok, Esquire
Co-counsel for Plaintiffs
Attorney IID #52651
61 W. Loather Street
Carlisle, PA 17013
717-249-1177
PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL PA 19422
ATTORNEYS FOR PLAINTIFFS
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE:, PA 17013
717-249-1177
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
VS.
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COUNTY PENNSYLVANIA
SHEETZ, INC. : NO. 04-2798
OPW ENGINEERED SYSTEMS
RICHARDS INDUSTRIES VALVE GROUP, and CIVIL ACTION
KEYSTONE PETROLEUM ; JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE:
I, PAUL F. D'EMILIO, ESQUIRE, hereby certify that a true and correct copy of
Answer of Plaintiff to Preliminary Objections of Keystone Petroleum to Plaintiffs
Complaint in the above-entitled matter has been served upon the following persons on
the 0 day of September, 2004 by first-class U.S. Mail, postage prepaid:
C. Roy Weidner, Jr., Esquire
Johnson, Duffie, Stewart & Weidner, P.C.
301 Maket Street
PO Box 109
Lemoyne, PA 17043-0109
David F. White, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
620 West Germantown Pike, Suite 350
Plymouth Meeting, PA 19426-1056
Kevin C. McNamara, Esquire
Thomas, Thomas & Hafer, L.LP
PO Box 999, Harrisburg, PA 17108
d)? ?
Paul F. D' milio, Esquire
Co-counsel for Plaintiff
EXHIBIT "A"
PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL, PA 19422
(610) 941-3600
ATTORNEYS FOR PLAINTIFF
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
(717) 249-1177
VICKIE D. BORGOLINI AND HIRAM BORGOLINI : IN THE COURT OF COMMON
HUSBAND AND WIFE : PLEAS OF CUMBERLAND
125 LINCOLN STREET : COUNTY PENNSYLVANIA
MARYSVILLE, PA 17053 ; NO. G (?? d C(0
1 -A
VS. l 0
SHEETZ, INC.
6558 CARLISLE PIKE
MECHANICSBURG, PA 17055
AND
OPW ENGINEERED SYSTEMS
2726 HENKLE DRIVE
LEBANON, OH 45209
AND
RICHARDS INDUSTRIES VALVE GROUP
3170 WASSON ROAD
CINCINNATI, OH 45209
AND
KEYSTONE PETROI
981 TRINDLE ROAD
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JURY TRIAL DEMANDED w
CIVIL ACTION
NOTICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
AVISO
Le han demandado a usted on Is Corte. Si usted quiere defenderse de
estas demandas exWestas on las paginas sguierdes, usted gene (20) Bias
de p? a pardr de la fecha de Is demands y la noaficacbn. Usted debe
yresentar una apadencia escdta o on persona o Por abogado y amhivar on
W cone sus defemas o sus ob)eclones a [as demandas orxontra de su
persona. Sea avbado quo si usted no se defiende, Is cone tom m
medldas y puede entrsr una Orden contra usted sln pmvi0 aviso 0
notifiracbn o por <u 4Ip1er que)a o alivb qua espedido on Is peficbn de
demanda. Ustsd Iwede perder dmaro, sus propledades o obos derochos
impodantes pat usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA
PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO
A LA OFICINA CUYA DIRECCION BE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER„ GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS ATA
REDUCED FEE OR NO FEE.
PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL PA 19422
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
ATTORNEYS FOR PLAINTIFF
VICKIE D. BORGOLINI AND HIRAM BORGOLINI IN COMMON
THE COURT OF I EAS OF CUMBERLAND
HUSBAND AND WIFE
125 LINCOLN STREET : COUNTY PENNSYLVANIA
MARYSVILLE, PA 17053 : NiD
VS.
SHEETZ, INC.
6558 CARLISLE PIKE
MECHANICSBURG, PA 17055
AND
OPW ENGINEERED SYSTEMS
2726 HENKLE DRIVE
LEBANON, OH 45209
AND
RICHARDS INDUSTRIES VALVE GROUP ;
3170 WASSON ROAD JURY TRIAL DEMANDED
CINCINNATI, OH 45209
AND
KEYSTONE PETROLEUM CIVIL ACTION
981 TRINDLE ROAD WEST
MECHANICSBURG PA 17055
COMPLAINT
The Plaintiffs, Vickie D. Borgolini and Hiram Borgolini, by their attorneys Paul F.
D'Emilio, Esquire and Stephanie E. Chertok, Esquire, bring action upon a cause
whereof the following is a statement:
1. Plaintiffs Vickie D. Borgolini, and her spouse, Hiram Borgolini, are adult
individuals who currently reside at 125 Lincoln Street, Marysville, PA 17053, PA.
2. Defendant, Sheetz Inc. ("Sheetz"), is a corporation authorized to do business in
the Commonwealth of Pennsylvania located and operating at 6558 Carlisle Pike,
Mechanicsburg, PA 17055.
At all times hereinafter mentioned Defendant, Sheetz owned and operated a
convenience store and gas station at 6558 Carlisle Pike, Mechanicsburg , PA 17055.
3. Defendant, OPW Engineered Systems ("OPW") is a corporation organized and
existing under the laws of the State of Ohio with its principal place of business at 2726
Henkle Drive, Lebannon, OH 45306.
At all times hereinafter mentioned Defendant, OPW manufactured parts of the
pump no. 5 at the Sheetz gas station at 6558 Carlisle Pike:, Mechanicsburg , PA 17055.
4. Defendant, Richards Industries Valve Group ('Richards") is a corporation
organized and existing under the laws of the State of Ohio with its principal place of
business at 3170 Wasson Road, Cincinnati, OH 45209.
At all times hereinafter mentioned Defendant, Richards manufactured parts of
the pump no. 5 at the Sheetz gas station at 6558 Carlisle Pike, Mechanicsburg , PA
17055
5. Defendant, Keystone Petroleum ("Keystone"), is a corporation authorized to
do business in the Commonwealth of Pennsylvania with its principal place of business
at 981 Trindle Road West, Mechanicsburg, PA 17055.
At all times hereinafter mentioned Defendant, Keystone sold and/or serviced the
gas pump and pump nozzle #6 at the Sheetz gas station..
6. At all times hereinafter mentioned Defendants acted though their agents,
workmen, servants and employees, then and there engaged in the business of the
Defendants within the course and scope of their employment.
1
7. On or about June 27, 2002, the Plaintiff Vickie D. Borgolini drove up to pump #6
at the Sheetz gas station located at 6558 Carlisle Pike, Mechanicsburg , PA 17055 to
fuel her automobile which had less than one-quarter of a tank of gasoline remaining.
8. The Plaintiff, Vickie D. Borgolini was in the process of fueling her vehicle when
suddenly and without warning, the nozzle of the gas pump malfunctioned and the
nozzle while still in her hand burst from the car, burst rom the car with fuel spouting
from it causing the injuries herein set forth.
9. The malfunction caused gasoline to spray the Plaintiff, Vickie D.
Borgolini, saturating her chest and gushing directly onto her face and eyes.
10. At all times hereinafter mentioned Defendants knew, should have known and
in the exercise of due care could have known that pump no. 5 was malfunctioning or
defective.
11. By reason of the negligence of the Defendants, Plaintiff Vickie D. Borgolini,
sustained serious first degree burns to her face, chest and also to her eyes, injury to
her eyes, and severe shock and injury to her nerves and nervous system all of which
caused the Plaintiff great pain and agony.
12. As a result of the injuries sustained Plaintiff has been obliged to expend various
sums of money for medicine and medical attention in endeavoring to cure herself of her
said injuries and may well be compelled to expend additional sums in the future.
13. As a consequence of her injury, Plaintiff has in the past and may in the future be
hindered, restricted and prevented from carrying on her usual and customary duties and
occupation, wherefore she has lost the emoluments of said employment to her great
financial damage and lost.
Count 1
Negligence
14. Plaintiffs incorporates all of the allegations contained in paragraphs 1 through 13
inclusive as fully as though the same were herein set forth at length.
2
7. On or about June 27, 2002, the Plaintiff Vickie D. Borgolini drove up to pump #6
at the Sheetz gas station located at 6558 Carlisle Pike, Mechanicsburg , PA 17055 to
fuel her automobile which had less than one-quarter of a tank of gasoline remaining.
8. The Plaintiff, Vickie D. Borgolini was in the process of fueling her vehicle when
suddenly and without warning, the nozzle of the gas pump malfunctioned and the
nozzle while still in her hand burst from the car, burst rom the car with fuel spouting
from it causing the injuries herein set forth.
9. The malfunction caused gasoline to spray the Plaintiff, Vickie D.
Borgolini, saturating her chest and gushing directly onto her face and eyes.
10. At all times hereinafter mentioned Defendants knew, should have known and
in the exercise of due care could have known that pump no. 5 was malfunctioning or
defective.
11. By reason of the negligence of the Defendants, Plaintiff Vickie D. Borgolini,
sustained serious first degree burns to her face, chest and also to her eyes, injury to
her eyes, and severe shock and injury to her nerves and nervous system all of which
caused the Plaintiff great pain and agony.
12. As a result of the injuries sustained Plaintiff has been obliged to expend various
sums of money for medicine and medical attention in endeavoring to cure herself of her
said injuries and may well be compelled to expend additional sums in the future.
13. As a consequence of her injury, Plaintiff has in the past and may in the future be
hindered, restricted and prevented from carrying on her usual and customary duties and
occupation, wherefore she has lost the emoluments of said employment to her great
financial damage and lost.
Count I
Negligence
14. Plaintiffs incorporates all of the allegations contained in paragraphs 1 through 13
inclusive as fully as though the same were herein set forth at length.
2
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PRAECIPE FOR LISTING CASE FOR AR
and ENT
ritte
(Must be typewn TO THE PROTHONOTARY OF CUMBERLAND COUNTY; submitted in duplicate)
Please list the within matter for the next:
0 Pre-Trial Argument court
Argument Court
CAPTION OF CASE
(entire caption must be stated in full)
VICKIE D. BORGOLINI and HIRAM BORGOLINI,
vs.
(Plaintiffs)
SHEETZ, INC., OPW ENGINEERED SYSTEMS, RICHARDS INDUSTRIES VALVE GROUP and
KEYSTONE PETROLEUM,
(Defendants) No. ? • State matter to be argued (i.e., Plaintiffs motion for new trial, Defendant's demurrer OtO ompla t Civil
etc.);
Defendant Keystone Petroleum's preliminary objections to Plaintiffs' amended complaint.
2. Identify counsel who will argue case:
a) For Plaintiff: Paul F. D'Emilio, Esquire
Address: 660 Sentry Parkway Blue Bell, PA 19422
CO-Counsel for Plaintiff: Stephanie E. Chertok, Esquire
Address: 61 West Louther Street, Carlisle, PA 17013
b) For Defendant: Wade D. Manley, Esquire
Address: 301 Market Street, Lemoyne, PA 17043
3. 1 will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date:
Call of Argument List Date: November 10, 2004
Dated: ?C o
--
Roy Wei¢ rr Jr.
Wade D. Manley
Attomeys for Keystone Petroleum
:237007
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MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY: DAVID F. WHITE, ESQ../ADAM M. SORCE, ESQUIRE for Defendants
IDENTIFICATION NO. 55738/88711 Attorneys OPW Engineered or Systems and
620 West Germantown Pike, Suite 350
Plymouth Meeting, PA 19462 Richards Industries Valve Group
(610) 941-7900
VICKIE D. BORGOLINI and COURT OF COMMON PLEAS
HIRAM BORGOLINI, h/w CUMBERLAND COUNTY PENNSYLVANIA
V.
SHEETZ, INC.
OPW ENGINEERED SYSTEMS
RICHARDS INDUSTRIES VALVE GROUP: NO. 04"jJ98 CIVIL
and KEYSTONE PETROLEUM
ENTRY OF APPEARANCE
JURY TRIAL DEMANDED
FEE PERFECTED
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendants, OPW ENGINEERED SYSTEMS, and
RICHARDS INDUSTRIES VALVE GROUP, in the above-captioned matter.
MARSHALL, DENNEHEY, WARNER,
COLEMAN AND GOGGIN
BY: (y U
DAVID F, WHITE, ESQUIRE
ADAM M. SORCE, ESQUIRE
Attorney tbr: Defendants,
OPW Engineered Systems and
Richards Industries Valve Group
DATE: 0D 4a o
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Johnson, Duffle, Stewart & Weidner
By. C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
VICKIE D. BORGOLINI and
HIRAM BORGOLINI,
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE PETROLEUM,
Defendants
Attorneys for Keystone Petroleum
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE
OF SUBPOENAS PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoenas for documents and things pursuant to Rule 4009.22,
Defendant hereby certifies that:
1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached
thereto, was mailed or delivered to each party at least 20 days prior to the date on which
the subpoenas were sought to be served;
2) A copy of the Notices of Intent, including the proposed subpoenas, are attached to this
certificate;
3) No objection to the subpoenas has been received; and
4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:_?U
C. Roy 1Ne ner, Jr.
Attorney I.D. No. 19530
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
DATE: Attorneys for Defendant, Keystone Petroleum
Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
VICKIE D. BORGOLINI and
HIRAM BORGOLINI,
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE PETROLEUM,
Defendants
Attorneys for Keystone Petroleum
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Vickie D. Borgonlini and Hiram Borgolini, Plaintiffs
c/o Paul F. D'Emilio, Esquire
Puleo & D'Emilio, LLC
660 Sentry Parkway
Blue Bell, PA 19422
PLEASE TAKE NOTICE that Defendant, Keystone Petroleum, intend to serve subpoenas identical
to the ones attached to this notice. You have 20 days from the date listed below in which to file on record
and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas
may be served.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
C. Roy Weider, Jr.
Attorney I.D. No. 19530
301 Market Street
P.O. Box 109
Lemoyne., PA 17043-0109
Telephone 717 761-4540
DATE: i ; Attorneys for Defendant, Keystone Petroleum
COMMONWEALTH OF PEINASYL,VA1NIA
COUNTY OF CDMBERLANC
Vickie D. Borgolini and Hiram
Borgolini,
Plaintiffs
V.
'Vs.
File No. 2004•-2798
Keystone Petroleum, et al.,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Mechanicsburg Family Practice Center, 122 S. Filbert St., Mechanicsburg, PA 17055
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
PLEASE SEE ATTACHED
at C. Roy Weidner, Jr., Esquire, Johnson, Duffie, Stewart & Weidner, 301 Market St.,
Lemoyne, PA 17043 (Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.
NAME: C. Roy Weidner, Jr., Esquire
ADDRESS: Johnson, Duffie, Stewart & Weidner
301 Market Street, Lemoyne, PA 1704:3
TELEPHONE: (717) 761-4540
SUPREME COURT ID # 19530
ATTORNEY FOR: Keystone Petroleum By the Court:
DATE:
Scal of the Coun Prothonotary
Deputy
Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
VICKIE D. BORGOLINI and
HIRAM BORGOLINI,
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE PETROLEUM,
Defendants
Attorneys for Keystone Petroleum
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ATTACHMENT
TO: Mechanicsburg Family Practice Center
RE: Vickie Diane Borgolini
Date of Birth: 06/2311954
Social Security No.: 175-46-8455
Explanation of Records:
Copies of all medical records, medical reports, office notes, physical therapy records,
correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining
to any evaluation, care or treatment rendered to Vickie Diane Borgolini.
COMMONWEALTH OF PENNSYINAlNIA
COUNTY OF CUMBERLAND
Vickie D. Borgolini and Hiram
Borgolini,
Plaintiffs
V.
'Vs.
File No. 2004-2798
Keystone Petroleum, et al.,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Holy Spirit Hospital, 503 N. 21st Street, Camp Hill, PA 17011
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
PLEASE SEE ATTACHED
at C. Roy Weidner, Jr., Esquire, Johnson, Duf fie, Stewart: & Weidner, 301 Market St.,
Lemoyne, PA 17043 (Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.
NAME: C. Roy Weidner, Jr. , Esquire
ADDRESS: Johnson, Duffie, Stewart & Weidner
301 Market Street, Lemoyne, PA 17043
TELEPHONE: (717) 761-4540
SUPREME COURT ID # 19530
ATTORNEY FOR: Keystone Petroleum By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
VICKIE D. BORGOLINI and
HIRAM BORGOLINI,
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE PETROLEUM,
Defendants
TO: Holy Spirit Hospital
RE: Vickie Diane Borgolini
Date of Birth: 06/23/1954
Social Security No.: 175-46-8455
Explanation of Records:
Attorneys for Keystone Petroleum
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ATTACHMENT
Copies of all medical records, medical reports, office notes, physical therapy records,
correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining
to any evaluation, care or treatment rendered to Vickie Diane Borgolini.
COMMON WLAL 1ri yr rr.lvty? x L, r ?,?.?n
COUNTY OF CUMBERLANF
Vickie D. Borgolini and Hiram
Borgolini,
Plaintiffs
V.
'Vs. File No. 2004-2798
Keystone Petroleum, et al.,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS, OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Kilmore Eye Associates, 890 Century Drive, Mechanicsburg, PA 17055
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
PLEASE SEE ATTACHED
at C. Roy Weidner, Jr., Esquire, Johnson, Duf fie, Stewart: & Weidner, 301 Market St.,
Lemoyne, PA 17043 (Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.
NAME:
ADDRESS:
TELEPHONE:
SUPREME COURT ID #
ATTORNEY FOR:
DATE
C. Roy Weidner, Jr., Esquire
Johnson, Duffie, Stewart & Weidner
301 Market Street, Lemoyne, PA 170,13
(717) 761-4540
19530
Keystone Petroleum By the Court:
Seal of the Coun Prothonotarv
Deputy
Johnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
VICKIE D. BORGOLINI and
HIRAM BORGOLINI,
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE PETROLEUM,
Defendants
TO: Kilmore Eye Associates
RE: Vickie Diane Borgolini
Date of Birth: 06/23/1954
Social Security No.: 175-46-8455
Explanation of Records:
Attomeys for Keystone Petroleum
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ATTACHMENT
Copies of all medical records, medical reports, office notes, physical therapy records,
correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining
to any evaluation, care or treatment rendered to Vickie Diane Borgolini.
C,CJ1V11V1Vl?fvvr,t?Ltit va i,.:,?.?.?,?.. «<.?<_
COUNTY OF Cln'SBERLANC
Vickie D. Borgolini and Hiram
Borgolini,
Plaintiffs
V.
'Vs. File No. 2004-2798
Keystone Petroleum, et a1.,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS, OR TIDINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: Central PA Eye Institute, 825 Fishburn Road, Hershey, PA 17033
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:
PLEASE SEE ATTACHED
at C. Roy Weidner, Jr., Esquire, Johnson, Duffie, Stewart: & Weidner, 301 Market St.,
Lemoyne, PA 17043 (Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You
have the right to seek, in ad vane, the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its
service, the party serving this subpoena may seek a court order compelling you to comply with it.
THIS Subpoena WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON.
NAME: C. Roy Weidner, Jr., Esquire
ADDRESS: Johnson, Duffie, Stewart & Weidner
301 Market Street, Lemoyne, PA 170,13
TELEPHONE: (717) 761-4540
SUPREME COURT I1 D# 19530
ATTORNEY FOR: Keystone Petroleum By the Court:
DATE:
Seal of the Court Prothonotary
Deputy
Johnson, Duffie, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
VICKIE D. BORGOLINI and
HIRAM BORGOLINI,
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE PETROLEUM,
Defendants
ATTACHMENT
TO: Central PA Eye Institute
RE: Vickie Diane Borgolini
Date of Birth: 06/23/1954
Social Security No.: 175-46-8455
Explanation of Records:
Attorneys for Keystone Petroleum
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Copies of all medical records, medical reports, office notes, physical therapy records,
correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records
pertaining to any evaluation, care or treatment rendered to Vickie Diane Borgolini.
CERTIFICATE OF SERVICE:
AND NOW, this I CI a- day of OC?n&-- 2004, the undersigned does
hereby certify that she did this date serve a copy of the foregoing document upon the other
parties of record by causing same to be deposited in the United States Mail, first class postage
prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Paul F. D'Emilio, Esquire
Puleo & D'Emilio, LLC
660 Sentry Parkway
Blue Bell, PA 19422
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013
Kevin C. McNamara, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
OPW Engineered Systems
2726 Henkle Drive
Lebanon, OH 45209
Richards Industries Valve Group
3170 Wasson Road
Cincinnati, OH 45209
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Elizab th L. Ziegler
:237220
CERTIFICATE OF SERVICE
AND NOW, this ?,?-L? day of you ern bef _, 2004, the undersigned does
hereby certify that she did this date serve a copy of the foregoing document upon the other
parties of record by causing same to be deposited in the United States Mail, first class postage
prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Paul F. D'Emilio, Esquire
Puleo & D'Emilio, LLC
660 Sentry Parkway
Blue Bell, PA 19422
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013
Kevin C. McNamara, Esquire;
Thomas, Thomas & Hafer, LLP
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
David F. White, Esquire
Marshall, Dennehey, Warner
Coleman & Goggin
620 West Germantown Pike, Suite 350
Plymouth Meeting, PA 19462
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Eliz th L. Ziegieir
:237220
.xr
la3 ;;' 1 ?tJ
_77 7
..7
VICKIE D. BORGOLINI AND IN THE COURT OF COMMON PLEAS OF
HIRAM BORGOLINI, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES
VALVE GROUP AND KEYSTONE
PETROLEUM,
DEFENDANTS 04-2798 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS SHEETZ, INC. AND
KEYSTONE PETROLEUM TO PLAINTIFFS' AMENDED COMPLAINT
BEFORE BAYLEY, J. AND HESS, J.
ORDER OF COURT
AND NOW, this 1.5 day of November, 2004, the preliminary
objections of defendants Sheetz, Inc. and Keystone Petroleum to plaintiffs' amended
complaint, ARE DISMISSED.
?ISaul F. D'Emilio, Esquire
Stephanie E. Chertok, Esquire
For Plaintiffs
vKevin C. McNamara, Esquire
Laura A. Gargiulo, Esquire
For Sheetz, Inc.
By
7
f Roy Weidner, Esquire '
Wade D. Manley, Esquire
For Keystone Petroleum
avid F. White, Esquire
Adam M. Sorce, Esquire
For OPW Engineered Systems and Richards Industries Valve Group
sal
e. hog e E . C? e
P
Edgar B Bayley, J. k
CJ`1 - i T
c
PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL PA 19422
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
ATTORNEYS FOR PLAINTIFFS
VICKIE D. BORGOLINI AND HIRAM BORGOLINI : IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
VS. : COUNTY PENNSYLVANIA
SHEETZ, INC.
OPW ENGINEERED SYSTEMS
OPW FUELING COMPONENTS
RICHARDS INDUSTRIES VALVE GROUP, and
KEYSTONE PETROLEUM
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
VS.
SHEETZ, INC.
NO. 04-2798
: CIVIL ACTION
: JURY TRIAL DEMANDED
: IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
: COUNTY PENNSYLVANIA
OPW ENGINEERED SYSTEMS : NO. 04-3001
OPW FUELING COMPONENTS
RICHARDS INDUSTRIES VALVE GROUP, and : CIVIL ACTION
KEYSTONE PETROLEUM : JURY TRIAL DEMANDED
PETITION TO CONSOLIDATE
Vickie D. Borgolini and Hiram Borgolini, by their attorneys Paul F. D'Emilio,
Esquire and Stephanie E. Chertok, Esquire, respectfully petition Your Honorable Court
consolidate the above-captioned cases for discovery and set forth as follows:
1. On June 18, 2004 Plaintiffs commenced an action against Defendants
Sheetz, Inc., OPW Engineered Systems, Richards Industries Valve Group and
Keystone Petroleum. This case is captioned 04-2798.
2. On August 11, 2004 Plaintiffs filed an Amended Complaint in 04-2798 in
which OPW Fueling Components was added as a Defendant in the action.
3. On August 11, 2004 Plaintiffs commenced a separate action against Defendants
Sheetz, Inc., OPW Engineered Systems, OPW Fueling Components, Richards
Industries Valve Group and Keystone Petroleum. This case is captioned 04-3001.
4. The cases arise out of the same set of facts and the same transaction
and occurrence and both relate and pertain to the malfunction of the gas pump and
nozzle. Absent consolidation a possibility exists for inconsistent awards.
5. The consolidation will not prejudice the rights of any party and will be in
the best interests of the parties and the Court.
6. All Counsel have joined in the Petition and all attorneys have agreed to the
consolidation of these matters.
WHEREFORE, Plaintiffs respectfully request that Your Honorable Court
consolidate Vicki D. Borgolini and Hiram Borgolini v. Sheet, Inc., OPW Engineered
Systems, OPW Fueling Components, Richards Industries Valve Group and
Keystone Petroleum, No. 04-2798 and Vicki D. Borgolini and Hiram Borgolini v.
Sheet, Inc., OPW Engineered Systems, OPW Fueling Components, Richards
Industries Valve Group and Keystone Petroleum, No. 04-3001 for purposes of
discovery and trial as of No. 04-3001.
StepN?anie E. Chertok, Esquire
Attorney for Plaintiffs
(9'ttU&
Paul F.JD'Emilio, Esquire
Attorney for Plaintiffs
VERIFICATION
PAUL F. D'EMILIO attests that the facts set forth in this Petition of the Plaintiffs
are true and correct to the best of his knowledge, information and belief; and that this
statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DATE: N JaGJ 0
kW6't:;'
AUL D'EMILIO, ESQUIRE
ATTORNEY FOR PLAINTIFFS
PULEO & D'EMILIO, LLC
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D.# 16654
660 SENTRY PARKWAY, SUITE 210
BLUE BELL PA 19422
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
ATTORNEYS FOR PLAINTIFFS
VICKIE D. BORGOLINI AND HIRAM BORGOLINI : IN THE COURT OF COMMON
: PLEAS OF CUMBERLAND
VS. : COUNTY PENNSYLVANIA
SHEETZ, INC.
OPW ENGINEERED SYSTEMS
OPW FUELING COMPONENTS
RICHARDS INDUSTRIES VALVE GROUP, and
KEYSTONE PETROLEUM
: NO. 04-2798
: CIVIL ACTION
: JURY TRIAL DEMANDED
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
VS.
SHEETZ, INC.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
OPW ENGINEERED SYSTEMS : NO. 04-3001
OPW FUELING COMPONENTS
RICHARDS INDUSTRIES VALVE GROUP, and : CIVIL ACTION
KEYSTONE PETROLEUM : JURY TRIAL DEMANDED
CERTIFICATION OF SERVICE
I, PAUL F. D'EMILIO, ESQUIRE, hereby certify that a true and correct copy of a
Petition to Consolidate in the above-entitled matters has been served upon the
following persons on the 44 day of ?06Q-W , 2004 by first-class
U.S. Mail, postage prepaid:
Laura A. Gargiulo, Esquire
Kevin C. McNamara, Esquire
305 N. Front Street
PO Box 999
Harrisburg, PA 17108-0999
David F. White, Esquire
Marshall, Dennehey, Warner, Coleman &
Goggin
620 West Germantown Pike, Suite 350
Plymouth Meeting, PA 19426-1056
Richards Industries Valve Group
129 Manufacturers Road
Rockwood, TN 37854
C. Roy Weidner, Esquire
Jefferson J. Shipman, Esquire
301 Market Street
PO Box 109
Lemoyne, PA 17043-0109
Kevin C. McNamara, Esquire
Thomas, Thomas & Hafer, LLP
PO Box 999
Harrisburg, PA 17108
PAUL . D'EMILIO, ESQUIRE
ATTORNEY FOR PLAINTIFFS
r ? ?,'l
? t
__
,
_y .
r 1
"S
?
V ,? ;1:
Y ?
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
7171237-7132
Attorneys for Defendant Sheetz, Inc.
VICKIE D. BORGOLINI and HIRAM
BORGOLINI
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES
VALVE GROUP and KEYSTONE
PETROLEUM
Defendants
TO: All Parties and Counsel:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
You are hereby notified to plead to the enclosed New Matter within twenty (20) days from
service hereof or a default judgment may be entered against you..
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
By: C- V0 y')
Kevin C. McNamara, Esquire
I.D.#1:72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
DATE: /0 Attorneys for Defendant Sheetz, Inc.
/
?y( ?" (
THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendant Sheetz, Inc.
VICKIE D. BORGOLINI and HIRAM
BORGOLINI
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES
VALVE GROUP and KEYSTONE
PETROLEUM
Defendants
NO. 04-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT SHEETZ, INC.'S ANSWER WITH NEW
MATTER TO PLAINTIFFS' COMPLAINT
AND NOW, comes Defendant Sheetz, Inc., by its attorneys, Thomas, Thomas & Hafer, LLP
and answers Plaintiffs' Complaint as follows:
1. It is admitted that the Plaintiffs are who they say they are.
2. Admitted in part and denied in part. It is admitted that Sheetz operates a
convenience store with gas pumps at the alleged location. Sheetz does not own the property.
3-4. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments contained in
these paragraphs and proof thereof is demanded.
5. Admitted in part with qualification and denied in part. It is admitted that Keystone
has, from time to time, serviced the gasoline pumps at :store #195 on the Carlisle Pike.
Answering Defendant does not believe that Keystone made any sales or performed any service
or repairs at store #195 that are relevant to this litigation. As to the balance of the allegations,
after reasonable investigation, Answering Defendant is without knowledge or information
sufficient to form a belief as to the truth of the averments contained in this paragraph and proof
thereof is demanded.
6. Admitted in part and denied in part. It is admitted that from time to time, Sheetz
acts through its agents, workmen, servants and employees. It is denied that any Sheetz
employee did anything that would subject the company to liability in this instance.
7. Admitted in part and denied in part. It is admitted that Mrs. Borgolini was on the
premises on the date alleged. As to the balance of the allegations, after reasonable
investigation, Answering Defendant is without knowledge or' information sufficient to form a
belief as to the truth of the averments contained in this paragraph and proof thereof is
demanded.
8. Denied pursuant to Pa.R.C.P. 1029(e).
9. Admitted in part and denied in part. It is admitted that the Plaintiff got gasoline
on her. It is denied that the pump malfunctioned. After reasonable investigation, Answering
Defendant is without knowledge or information sufficient to form a belief as to the truth of the
balance of the allegations contained in this paragraph and proof thereof is demanded.
10. Denied pursuant to Pa.R.C.P. 1029(e).
11. Denied. It is denied that Sheetz was negligent. After reasonable investigation,
Answering Defendant is without knowledge or information sufficient to form a belief as to the
312175-1 2
truth of the balance of the allegations contained in this paragraph and proof thereof is
demanded.
12-13. Denied. After reasonable investigation, Answering Defendant is without
knowledge or information sufficient to form a belief as to the truth of the averments contained in
these paragraphs and proof thereof is demanded.
COUNT I - Negligence
14. Answering Defendant hereby incorporates its answers to Paragraphs 1 through
13 as if fully set forth herein.
15(a)-(o). Denied pursuant to Pa.R.C.P. 1029(e).
15 (second). Denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Answering Defendant respectfully requests that Count I of Plaintiffs'
Complaint be dismissed without cost to it.
COUNT II - Strict Liability
16. Answering Defendant hereby incorporates its answers to Paragraphs 1 through
15 (second) as if fully set forth herein.
17-20. Denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Answering Defendant respectfully requests that Count II of Plaintiffs'
Complaint be dismissed without cost to it.
COUNT III - Breach of Warranty
21. Answering Defendant hereby incorporates its answers to Paragraphs 1 through
20 as if fully set forth herein.
22-28. Denied pursuant to Pa.R.C.P. 1029(e).
312175-1 3
WHEREFORE, Answering Defendant respectfully requests that Count III of Plaintiffs'
Complaint be dismissed without cost to it.
COUNT IV - Hiram Borgolini v. All Defendants
29. Answering Defendant hereby incorporates its answers to Paragraphs 1 through
28 as if fully set forth herein.
30. Denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, Defendant Sheetz, Inc. respectfully requests that Count IV of Plaintiffs'
Amended Complaint be dismissed without cost to it.
NEW MATTER
31. The incident described in Plaintiffs' Complaint was due solely or in part to the
negligence and carelessness of Vickie Borgolini.
32. The Plaintiffs' claims are barred or reduced by Mrs. Borgolini's misuse of the gas
pump.
33. On information and belief, Mrs. Borgolini did or may have assumed the risk of her
injuries.
34. Plaintiffs' Complaint fails to set forth a cognizable claim under Pennsylvania law
for strict liability in that there was no "sale" of an allegedly defective product for purposes of
Pennsylvania law.
WHEREFORE, Defendant Sheetz, Inc. respectfully requests that Plaintiffs' Complaint be
dismissed without cost to it.
NEW MATTER PURSUANT TO PA.R.C.P. 2252(d)
312175-1 4
35. Without admitting the truth thereof, the allegations directed to all Defendants
other than Sheetz, Inc. are incorporated herein as if set forth at length.
36. If the allegations in Plaintiffs' Complaint are proven to be true and that Plaintiff
was injured by some cause other than her own fault, then the Defendants other than Sheetz,
Inc. are solely liable for all injuries and damages or, in the alternative, OPW Engineered
Systems, Richards Industries Valve Group and Keystone Petroleum are liable over to Sheetz,
Inc., liable to Sheetz, Inc. for contribution and/or indemnification.
WHEREFORE, Sheetz, Inc. demands judgment in its favor.
DATE:
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
By: ?-- C ^ V '' ' 1 G?yV-'?
Kevin C. McNamara, Esquire
I.D.#72668
305 North Front Street
P.G. Box 999
Harrisburg, PA 17108-0999
(71.7) 237-7132
Attorneys for Defendant Sheetz, Inc.
312175-1 5
VERIFICATION
I, Kevin C. McNamara, Esquire, state that I am the attorney for the party filing the foregoing
document; that I make this Affidavit as an attorney because I have sufficient knowledge or
information and belief, based upon my investigation of the matters averred or denied in the
foregoing document; that time is of the essence in the filing of this document; and that this
statement is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification
to authorities.
THOMAS, THOMAS, & HAFER, LLP
Kevin C. McNamara, Esquire
DATE: / a("110
38603-1
CERTIFICATE OF SERVICE
I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy
of the foregoing document on the following person by placing same in the United States mail,
postage prepaid, on the b day of w*, , 2004:
Paul F. D'Emilio, Esquire
PULEO & D'EMILIO, LLC
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013-2936
C. Roy Weidner, Esuire
Jefferson J. Shipman, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
David F. White, Esquire
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
620 West Germantown Pike, Suite 350
Plymouth Meeting, PA 19426-1056
Richards Industries Valve Group
129 Manufacturers Road
Rockwood, TN 37854
THOM S, THOMAS & HAFER, LLP CO
By: f C V o t
Kevin C. McNamara, Esquire
312175-1 6
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Johnson, Duffie, Stewart $ Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
VICKIE D. BORGOLINI and
HIRAM BORGOLINI,
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, RICHARDS INDUSTRIES
VALVE GROUP and KEYSTONE
PETROLEUM,
Attorneys for Keystone Petroleum
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Defendants
DEFENDANT KEYSTONE PETROLEUM'S ANSWER TO COMPLAINT
AND NOW, this 7 --= day of December, 2004, comes Defendant Keystone
Petroleum Equipment, through its undersigned attorneys, and answers Plaintiffs'
complaint as follows:
1. Denied. After a reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of this averment.
2. Admitted.
3-6. Denied. After a reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of these averments.
7. Admitted in part. Denied in part. It is admitted that Defendant is a
corporation. It is denied that its name is Keystone Petroleum. On the contrary, its name
is Keystone Petroleum Equipment, LTD. It is specifically denied that Keystone sold
and/or serviced the gas pump and pump nozzle as averred.
8. Denied. This averment is deemed denied as a conclusion of law to which
no responsive pleading is required.
9-11. Denied. After a reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of these averments.
12. Denied.
13. Denied. Any causal negligence on the part of Defendant is specifically
denied. The remainder of this averment is denied in that Defendant is without knowledge
or information sufficient to form a belief as to the truth thereof.
14-15. Denied. After a reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth of these averments.
Count I - Negligence
16. Admitted in Part. Denied in part. Paragraphs 1 through 15 hereof are
incorporated by reference herein.
17. Denied. These averments are specifically denied. On the contrary
Defendant at all times acted reasonably under the circumstances.
18. Denied.
Count 11 - Strict Liability
19. Admitted in Part. Denied in part. Paragraphs 1 through 18 hereof are
incorporated by reference herein.
20-23. Denied. These averments are denied generally and are denied specifically
on the basis that Defendant did not sell or service the involved equipment or sell any
defective, unfit or unmerchantable product which caused injuries or damages to Plaintiff.
Count M - Breach of Warranty
24. Admitted in Part. Denied in part. Paragraphs 1 through 23 hereof are
incorporated by reference herein.
25-31. Denied. Paragraphs 20 through 23 are incorporated by reference herein.
Count IV- Hiram Borgolini v. All Defendants
32. Admitted in Part. Denied in part. Paragraphs 1 through 31 hereof are
incorporated by reference herein.
33. Denied. Paragraphs 15 through 31 are incorporated by reference herein.
WHEREFORE, Defendant Keystone demands that Plaintiffs' complaint against it
be dismissed.
CROSSCLAIM PURSUANT TO PA. R.C.P. NO. 2252(d)
Keystone Petroleum Equipment v. All Co-Defendants
34. In the event that Plaintiffs were injured as complained of in their complaint,
which is denied, then Plaintiffs injuries were the result of acts and omissions of Co-
Defendants as set forth in the averments of Plaintiffs' complaint against said Co-
Defendants, which are incorporated for reference herein only, but neither admitted nor
denied, except as set forth above.
WHEREFORE, Defendant Keystone demands that Co-Defendants be found
solely liable to Plaintiffs; that they be found jointly and severally liable; or that they be
found liable over for contribution and indemnification.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
:240094 C. eidner, Jr.
22740-1794
VERIFICATION
The undersigned says that the facts set forth in the foregoing answer are true
and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904,
relating to unsworn falsifications to authorities.
KEYSTONE PETROLEUM EQUIPMENT, LTD.
By:
Christo er Weikert
Dated:
loor
CERTIFICATE OF SERVICE
AND NOW, this 7 day of December, 2004, the undersigned does hereby certify that
she did this date serve a copy of the foregoing document upon the other parties of record by
causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
Paul F. D'Emilio, Esquire
Puleo & D'Emilio, LLC
660 Sentry Parkway
Blue Bell, PA 19422
Counsel for Plaintiff
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013
Co-Counsel for Plaintiff
Kevin C. McNamara, Esquire
Thomas Thomas & Hafer
305 N. Front Street
P O Box 999
Harrisburg, PA 17108-0999
Counsel for Sheetz, Inc.
David F. White, Esquire
Adam M. Sorce, Esquire
Marshall, Dennehey, Warner
620 West Germantown Pike, Suite 350
Plymouth Meeting, PA 19462
Counsel for OPW Engineered Systems, OPW Fueling Components
and Richards Industries Valve Group
JOHNSON, DUFFIE, STEW T WEIDNER
By:
Elizabeth e
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THOMAS, THOMAS & HAFER, LLP
Kevin C. McNamara, Esquire
Identification Number: 72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
717/237-7132
Attorneys for Defendant Sheetz, Inc.
VICKIE D. BORGOLINI and HIRAM
BORGOLINI
Plaintiffs
V.
SHEETZ, INC., OPW ENGINEERED
SYSTEMS, OPW FUELING
COMPONENTS, RICHARDS
INDUSTRIES VALVE GROUP and
KEYSTONE PETROLEUM
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-2798
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Please substitute the attached Verification of Mary Anslinger, representative of Sheetz,
Inc., Defendant in this matter, for my Attorney's Verification attached to Defendant Sheetz's
Answer with New Matter to Plaintiffs' Complaint, previously filed in this matter.
Respectfully submitted,
DATE:
THOMAS, THOMAS & HAFER, LLP
By: Z C -p-0 Cv'
Kevin C. McNamara, Esquire
I.D.#72668
305 North Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
(717) 237-7132
Attorneys for Defendant Sheetz, Inc.
331396-1
w
VERIFICATION
I, rir'1Qr l?hs t, e/ , state that I am an authorized representative of SHEETZ,
INC., that I make this Verification on behalf of Defendant SHEETZ, INC., and that I am familiar with
the facts set forth in the foregoing document. I have read this foregoing document and hereby
affirm that it is true and correct to the best of my personal knowledge, information and belief. This
Verification is made pursuant to 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
SHEETZ, INC.
By.YY) QA?
DATE: % Z' S 10*
84079-1
CERTIFICATE OF SERVICE
I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy
of the foregoing document on the following person by placing same in the United States mail,
prepaid, on the ° 162-
postage day of +e- t , 2004:
Paul F. D'Emilio, Esquire
PULEO & D'EMILIO, LLC
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013-2936
C. Roy Weidner, Esuire
Jefferson J. Shipman, Esquire
JOHNSON, DUFFIE, STEWART & WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
David F. White, Esquire
MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN
620 West Germantown Pike, Suite 350
Plymouth Meeting, PA 19426-1056
THOMAS, THOMAS & HAFER, LLP
By: Z- C
Kevin C. McNamara, Esquire
331396-1
PULEO & D'EMILIO, LLC
PAUL F.D'EMILIO, ESQUIRE
ATTORNEY I.D. 16654
660 SENTRY PARKWAY
BLUE BELL, PA 19422
ATTORNEYS FOR PLAINTIFFS
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
VICKIE D. BORGOLINI AND HIRAM BORGOILNI
HUSBAND AND WIFE
VS.
SHEETZ, INC.
AND
OPW ENGINEERED SYSTEMS
AND
OPW FEULING COMPONENTS
AND
RICHARDS INDUSTRIES VALVE GROUP
AND
KEYSTONE PETROLEUM
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
: NO. 04-2798
: JURY TRIAL DEMAND
CIVIL ACTION
REPLY TO NEW MATTER OF DEFENDANT SHEETZ'S, INC.
The Plaintiffs, Vickie D. Borgolini and Hiram Borgolini, husband and wife, by their
attorneys Paul F. D'Emilio, Esquire and Stephanie E. Chertok, Esquire, reply to the New Matter of
the Defendant Sheetz, Inc. in the above-captioned matter and set forth as follows:
31- 36 Denied.
WHEREFORE, Plaintiffs demand judgment against each Defendant jointly and severally
on each Count, in an amount in excess of Twenty-Five Thousand and 00/100 Dollars
(25,000.00) together with interest, delayed damages and costs of suit.
aul F. D'Emilio, Esquire
Co-Counsel for the Plaintiffs
Puleo & D'Emilio, LLC
Attorney ID #16654
660 Sentry Parkway, Suite 210
Blue Bell, PA 19422
(610) 941-3600
*Step e E. Chertok, Esquire
Co-Counsel for the Plaintiffs
Attorney ID 452651
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177
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PULEO & D'EMILIO, LLC
PAUL F.D'EMILIO, ESQUIRE
ATTORNEY I.D. 16654
660 SENTRY PARKWAY
BLUE BELL, PA 19422
ATTORNEYS FOR PLAINTIFFS
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
VICKIE D. BORGOLLNI AND HIRAM BORGOILNI
HUSBAND AND WIFE
VS.
SHEETZ, INC.
AND
OPW ENGINEERED SYSTEMS
AND
OPW FEULING COMPONENTS
IN THE COURT OF
COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
: NO. 04-2798 CIVIL
: JURY TRIAL DEMAND
AND
RICHARDS INDUSTRIES VALVE GROUP : CIVIL ACTION
AND
KEYSTONE PETROLEUM
CERTIFICATION OF SERVICE
I, Stephanie E. Chertok, Esquire, hereby certify that a true and correct copy of
Plaintiff's Reply to New Matter of Defendants Sheetz, Inc. to Plaintiff's Amended Complaint
in the above-entitled matter has been served upon the following persons on thed-1 of
December, 2004 by first-class U.S. Mail, postage prepaid:
C. Roy Weidner, Esquire David F. White, Esquire
Johnson, Duffle, Stewart & Weidner Marshall, Dennehey, Warner, Coleman & Goggin
301 Market Street 620 West Germantown Pike, Suite 350
P.O. Box 109 Plymouth Meeting, PA 19426-1056
Lemoyne, PA 17043-0109
Kevin C. McNamara, Esquire
Thomas, Thomas & Hafer, LLP
P.O. Box 999
Harrisburg, PA 17108
tephanie E. Chertok, Esquire
Attorney for Plaintiff
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) (X ) for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
VICKIE D. BORGOLINI AND
HIRAM BORGOLINI,
(Plaintiff)
VS.
SHEETZ, INC., OPW ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS, RICHARDS
INDUSTRIES VALVE GROUP AND KEYSTONE
PETROLEUM
(Defendant)
VS.
(check one)
( ) Assumpsit
( X) Trespass
( ) Trespass (Motor Vehicle)
(other)
The trial list will be called on 12/27/05
and
Trials commence on 1/23/06
Pretrials will be held on 1/4/06
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall provide
forthwith a copy of the praecipe to all counsel,
pursuant to local Rule 214.1.)
No. 2004_2798
Indicate the attorney who will try case for the party who files this praecipe: C. Roy Weidner, Jr.
Indicate trial counsel for other parties if known: Paul F. D'Emillio, Esquire, Stephanie
E. Chertok, Esquire, Kevin C. McNamara, Esquire,, Adam F. SOrce, Esquire
This case is ready for trial.
Date: NOANAAA 30?2W
Signed:
Print Name: C. Roy Weidner, Jr.
Keystone Petroleum, Inc.
Attorney for
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VICKIE D. BORGOLINI and IN THE COURT OF COMMON PLEAS OF
HIRAM BORGOLINI, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v CIVIL ACTION - LAW
SHEETZ, INC., OPW
ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS,
RICHARDS INDUSTRIES VALVE
GROUP and KEYSTONE
PETROLEUM, 04-2798 CIVIL TERM
Defendants 04-3001 CIVIL TERM
IN RE: CASE STRICKEN FROM TRIAL LIST
ORDER OF COURT
AND NOW, this 27th day of December, 2005, upon
consideration of the call of the civil trial list, and Stephanie
E. Chertok, Esquire, on behalf of the Plaintiffs, having
indicated that counsel have agreed to submit: this case to
judicial arbitration, and C. Roy Weidner, Jr., Esquire, on behalf
of Defendant Keystone Petroleum, having indicated his concurrence
with this representation, and counsel for the other Defendants
having not appeared for the call, the case is stricken from the
civil trial list, and counsel are directed to proceed with
judicial arbitration.
By the Court,
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?8`tephanie E. Chertok, Esquire
61 W. Louther Street
Carlisle, PA 17013
For Plaintiffs
Xevin C. McNamara, Esquire
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108
For Sheetz, Inc.
Adam F. Sorce, Esquire
Marshall Dennehey, et. al.
620 Freedom Bus. Ctr. Dr. #300
King of Prussia, PA 19406
For OPW and Richards Ind.
V"C'. Roy Weidner, Jr., Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
For Keystone Petroleum
Court Administrator
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PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. 16654
905 WEST SPROUL RD.
SUITE 105
SPRINGFIELD, PA 19064
610-338-0338
ATTORNEYS FOR PLAINTIFFS
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
HUSBAND AND WIFE
vs.
SHEETZ, INC.,
OPW ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS,
RICHARDS INDUSTRIES VALVE GROUP
and
KEYSTONE PETROLEUM
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. 04-2798 CIVIL
JURY TRIAL DEMAND
CIVIL ACTION
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
HUSBAND AND WIFE
VS.
SHEETZ, INC.,
OPW ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS,
RICHARDS INDUSTRIES VALVE GROUP,
and
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. 04-3001 CIVIL
JURY TRIAL DEMAND
KEYSTONE PETROLEUM : CIVIL ACTION
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Stephanie E. Chertok, Esquire and Paul F. D'Emilio Esquire counsel for plaintiff in the above action,
respectfully represents that:
The above-captioned action is at issue.
The claim of plaintiff in the action is $35.000.00.
The counterclaim of the defendant in the action is none.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators: Paul F. D'Emilio, Esquire and Stephanie E. Chertok, Esquire, attorneys for Plaintiffs, and
C. Roy Weidner, Esquire, of Johnson, Duffle, Stewart & Weidner, attorneys for Defendant, and David F.
White, Esquire, and Adam Sorce, Esquire, of Marshall, Dennehey, Warner Coleman & Goggin, attorneys
for Defendant, and Kevin C. McNamara, Esquire, of Thomas, Thomas & Hafer, LLP, attorneys for
Defendants.
WHEREFORE, your petitioner prays that your Honorable Court appoint three (3) arbitrators to whom
the case shall be submitted.
_ Res ectful y s ittte
Ste anie E. Chertok, Esquire
co-counsel for Plaintiffs
ORDER OF COURT
AND NOW, this day of ,200_, in consideration of the foregoing
Petition, Esquire, Esquire, and
are appointed as arbitrators in the above- captioned action as prayed
for.
By the Court,
P.J.
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. 16654
905 WEST SPROUL RD.
SUITE 105
SPRINGFIELD, PA 19064
610-338-0338
ATTORNEYS FOR PLAINTIFFS
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
HUSBAND AND WIFE
vs.
SHEETZ, INC.,
OPW ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS,
RICHARDS INDUSTRIES VALVE GROUP
and
KEYSTONE PETROLEUM
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. 04-2798 CIVIL
JURY TRIAL DEMAND
CIVIL ACTION
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
HUSBAND AND WIFE
Vs.
SHEETZ, INC.,
OPW ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS,
RICHARDS INDUSTRIES VALVE GROUP,
and
KEYSTONE PETROLEUM
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. 04-3001 CIVIL
JURY TRIAL DEMAND
CIVIL ACTION
CERTIFICATE OF SERVICE
I, Stephanie E. Chertok, Esquire, hereby certify that a true and correct copy of the Plaintiffs'
Petition for Appointment of Arbitrators was served on this _ day of 200 by
first-class U.S. Mail, upon those listed below:
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Adam Sorce, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
620 Germantown Pike, Suite 350
Plymouth Meeting, PA 18426-1056
Kevin C. McNamara, Esquire
Thomas, Thomas & Hafer, LLP
P.O. Box 999
Harrisburg, PA 17108
Step anie E. Chertok, Esquire
Attorneys for Plaintiff
PAUL F. D'EMILIO, ESQUIRE STEPHANIE E. CHERTOK, ESQUIRE
ATTORNEY I.D. 16654 PA SUPREME COURT ID: 52651
905 WEST SPROUL RD. 61 WEST LOUTHER STREET
SUITE 105 CARLISLE, PA 17013
SPRINGFIELD, PA 19064 717-249-1177
610-338-0338
ATTORNEYS FOR PLAINTIFFS
VICKIE D. BORGOLINI AND HIRAM BORGOLINI : IN THE COURT OF COMMON
HUSBAND AND WIFE : PLEAS OF CUMBERLAND
vs.
SHEETZ, INC.,
OPW ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS,
RICHARDS INDUSTRIES VALVE GROUP,
and
KEYSTONE PETROLEUM
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
HUSBAND AND WIFE
vs.
SHEETZ, INC.,
OPW ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS,
RICHARDS INDUSTRIES VALVE GROUP,
and
COUNTY PENNSYLVANIA
NO, 04-2798 CIVIL
JURY TRIAL DEMAND
CIVIL ACTION
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. 04-3001 CIVIL
JURY TRIAL DEMAND
KEYSTONE PETROLEUM : CIVIL ACTION
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Stephanie E. Chertok Esquire and Paul F D'Emilio Esquire counsel for plaintiff in the above action,
respectfully represents that:
The above-captioned action is at issue.
2. The claim of plaintiff in the action is $35,000.00.
The counterclaim of the defendant in the action is none.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators: Paul F D'Emilio Esquire and Stephanie E Chertok Esquire attorneys for Plaintiffs, and
C Roy Weidner Esquire of Johnson Duffle Stewart & Weidner, attorneys for Defendant, and David F.
White Esquire and Adam Sorce Esquire of Marshall Dennehey Warner Coleman & Goggin, attorneys
for Defendant and Kevin C McNamara Esquire of Thomas Thomas & Hafer LLP attorneys for
Defendants.
WHEREFORE, your petitioner prays that your Honorable Court appoint three (3) arbitrators to whom
the case shall be submitted.
Res ectful y submitted,
Ste anie E. Chertok, Esquire
co-counsel for Plaintiffs
ORDER OF COURT
AND NOW, th/is/ day of 200 6 ,in/I consideration of the foregoing
itinn on e. (?0%YL7U r?. `911G.C1e 0 Esauire. and
are apMnted ai`arbitrators in the above- captioned action as prayed
for.
By ourt? ,__?
i
i
p.J
2
PAUL F. D'EMILIO, ESQUIRE
ATTORNEY I.D. 16654
905 WEST SPROUL RD.
SUITE 105
SPRINGFIELD, PA 19064
610-338-0338
ATTORNEYS FOR PLAINTIFFS
STEPHANIE E. CHERTOK, ESQUIRE
PA SUPREME COURT ID: 52651
61 WEST LOUTHER STREET
CARLISLE, PA 17013
717-249-1177
VICKIE D. BORGOLINI AND HIRAM BORGOLINI
HUSBAND AND WIFE
VS.
SHEETZ, INC.,
OPW ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS,
RICHARDS INDUSTRIES VALVE GROUP,
and
KEYSTONE PETROLEUM
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY PENNSYLVANIA
NO. 04-2798 CIVIL
JURY TRIAL DEMAND
CIVIL ACTION
VICKIE D. BORGOLINI AND HIRAM BORGOLINI : IN THE COURT OF COMMON
HUSBAND AND WIFE : PLEAS OF CUMBERLAND
VS. : COUNTY PENNSYLVANIA
SHEETZ, INC.,
OPW ENGINEERED SYSTEMS,
OPW FUELING COMPONENTS,
RICHARDS INDUSTRIES VALVE GROUP,
and
KEYSTONE PETROLEUM
NO. 04-3001 CIVIL
JURY TRIAL DEMAND
CIVIL ACTION
CERTIFICATE OF SERVICE
I, Stephanie E. Chertok, Esquire, hereby certify that a true and correct copy of the Plaintiffs'
Petition for Appointment of Arbitrators was served on this day of 200, by
first-class U.S. Mail, upon those listed below:
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Adam Sorce, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
620 Germantown Pike, Suite 350
Plymouth Meeting, PA 18426-1056
Kevin C. McNamara, Esquire
Thomas, Thomas & Hafer, LLP
P.O. Box 999
Harrisburg, PA 17108
Step anie E. Chertok, Esquire
Attorneys for Plaintiff
4
6?
Curtis R. Long
Prothonotary
Offfre of the Vrotbonotarp
Cumberlaub Couutp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
N - 2-7qF3_CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573