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HomeMy WebLinkAbout04-3027IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. NO.0q-,b-Z7 CIVIL ACTION - LAW NOTICE TO DEFEND NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses and objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de Is notifcacion de esta Demands y Aviso radicando personalmente o por medio de on abogado una comparecencia escrita y radicando en Is Corte por escrito sus defensas de, y objecciones a, las demandas presentada aqui en contra suya. Se le advierte de que si usted falls de tomar accion como se describe anterionnente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en Is demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede set dictado en contra soya por Is Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO Plaintiff, V. No.Oy-3o2? ,,, ., ` PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., CIVIL ACTION - LAW Defendants. COMPLAINT Plaintiff, Dana G. Gross, trading and doing business as Mid-State GutterPro, by and through his attorneys, Gates, Halbruner & Hatch, P.C., hereby complain against Defendants, Pemfo Packaging Co., Inc. and Compass International, Inc., jointly referred to hereinafter as "Defendants," and in support thereof, avers as follows: 1. PARTIES Plaintiff, Dana G. Gross ("Plaintiff' or "Gross") is an adult individual trading and doing business as Mid-State GutterPro with offices located at 10 South Madder Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Pemfo Packaging Co., Inc. ("Pemfo") is a Massachusetts business corporation with offices located at 167 Laurel Street, East Bridgewater, Plymouth County, Massachusetts 02333. Defendant, Compass International, Inc. ("Compass") is a California business corporation with offices located at 8440 Kass Drive, Buena Park, Orange County, California 90621. II. JURISDICTION AND VENUE 4. Jurisdiction is proper pursuant to 42 Pa.C.S.A. § 931(a) where the instant action involves substantial state questions. Venue is proper pursuant to 42 Pa.C.S.A. § 931(c) and Pa.R.C.P. No. 1006(a) where the cause of action arose or a transaction or occurrence took place out of which the cause of action arose in Cumberland County, Pennsylvania. 6. Venue is proper pursuant to 42 Pa.C.S.A. § 5322(a) where Defendants transacted business in Pennsylvania. 7. Venue is proper pursuant to U.S. Const. Amend. XIV, § 1 where Defendants purposefully directed their activities at Plaintiff who is a resident of Pennsylvania and purposefully availed themselves of the privilege of conducting activities within Pennsylvania. III. BACKGROUND A. In General Gross is a local small businessman that provides gutter repair and installation services to residential clients in and around Central Pennsylvania. 9. Pemfo is a merchant in the business of, inter alia, supplying industrial and construction fasteners including, but not limited to, certain screws to businesses and/or contractors in Pennsylvania and throughout the United States. 10. Compass is a merchant in the business of manufacturing and supplying industrial and construction fasteners including, but not limited to, certain screws to distributors and suppliers in Pennsylvania and throughout the United States. 11. In or about 1997, Gross began purchasing certain screws from Pemfo to be utilized by Gross in the ordinary course of his business. 12. Gross was referred to Pemfo from another resident of Pennsylvania who purchased and received screws from Pemfo. 13. From 1997 until 2002, Gross ordered screws from Pemfo approximately every three (3) months. 14. Compass manufactured and supplied, inter alia, the screws Pemfo sold and delivered to Gross. 15. Gross and Pemfo engaged in multiple telephone conversations in the course of Gross ordering screws from Pemfo. 16. Pemfo mailed directly to Gross certain brochures, pamphlets and other marketing or sales documents. 17. In the course of Gross considering ordering screws from Pemfo, Pemfo delivered to Gross sample screws as indicative of the quality of screw Pemfo supplied. 18. Pemfo shipped the screws ordered by Gross directly to Gross' place of business in Pennsylvania. 19. Pemfo sent any and all invoices regarding the orders made by Gross to Gross' place of business in Pennsylvania. B. The Complained of Transaction 20. In or about August, 2002, Gross purchased from Pemfo approximately four thousand (4,000) screws (the "Defective Screws") commonly identified as number eight (4), one and one-half inch (1 '/_"), one quarter inch (1/4") hex washer head sheet metal screws. 21. Compass manufactured and supplied the Defective Screws to Pemfo. 22. Gross utilized the Defective Screws in the manner in which they were intended in order to properly fasten and install gutters on one hundred four (104) separate residences (the "Residences") and customers of Gross. 23. Unknown to Gross, the Defective Screws were defective in that they were manufactured from a metal of insufficient quality in order to be utilized for the purpose for which they were intended or to be merchantable. 24. Shortly after the installation of the gutters at the Residences, the Defective Screws broke, shattered or otherwise failed to support, fasten and maintain the gutters installed on the Residences. 25. Solely because the Defective Screws were not merchantable or fit for their intended purpose or were otherwise defective, the gutters on all one hundred four (104) Residences required re-installation with new screws that were merchantable and fit for their intended purpose. 26. Gross was unable to prosecute new jobs and/or lost new or other existing clients during the time he re-installed new screws in the gutters of the Residences as a direct result thereof. COUNTI BREACH OF CONTRACT 27. Plaintiff incorporates paragraphs 1 through 26 herein by reference as though set forth in full. 28. Defendants agreed to provide screws to Gross of a kind and quality that were: (a) consistent with the samples provided to Gross in the past; (b) consistent with their promises or 4 affirmations of fact made to Gross; (c) fit for their intended purpose; (d) merchantable; and (e) otherwise not defective. 29. Gross promptly remitted payment in full to Pemfo for the Defective Screws. 30. The Defective Screws were not of a kind and quality that were: (a) consistent with the samples or other screws provided to Gross in the past; (b) consistent with Defendants' promises or affirmations of fact made to Gross; (c) fit for their intended purpose; (d) merchantable; and (e) otherwise not defective. 31. As a direct and proximate result of Defendants' breach, Gross suffered economic damages including, but not limited to, (a) the costs of the defective screws; (b) the costs of removing the Defective Screws from the Residences; (c) the costs for replacing the Defective Screws at the Residences and re-installing the relevant gutters; (d) damages arising from increased job, project or installation costs; and (e) lost profits. WHEREFORE, Plaintiff, Dana G. Gross, trading and doing business as Mid-State GutterPro, respectfully requests this Court enter judgment as to Count I in his favor and against Defendants, Pemfo Packaging Co., Inc. and Compass International, Inc., for actual, incidental and consequential damages in an amount in excess of the mandatory arbitration amount, plus pre- judgment interest, attorney's fees, costs and such other relief as the Court deems just and proper. COUNT II UNJUST ENRICHMENT 32. Plaintiff incorporates paragraphs 1 through 31 herein by reference as though set forth in full. 33. Gross remitted payment in full to Pemfo fully expecting to receive screws of a kind and quality that were: (a) consistent with the samples and screws provided to Gross in the past; (b) consistent with Defendants' promises or affirmations of fact made to Gross; (c) fit for their intended purpose; (d) merchantable; and (e) otherwise not defective. 34. Defendants enjoyed the benefit of the payment in full made by Gross to Pemfo. 35. Defendants' retention of the benefit of the payment in full made by Gross would be unjust. 36. As a direct and proximate result, Gross suffered economic damages including, but not limited to, (a) the costs of the defective screws; (b) the costs of removing the Defective Screws from the Residences; (c) the costs for replacing the Defective Screws at the Residences and re-installing the relevant gutters; (d) damages arising from increased job, project or installation costs; and (e) lost profits. WHEREFORE, Plaintiff, Dana G. Gross, trading and doing business as Mid-State GutterPro, respectfully requests this Court enter judgment as to Count II in his favor and against Defendants, Pemfo Packaging Co., Inc. and Compass International, Inc., for actual, incidental and consequential damages in an amount in excess of the mandatory arbitration amount, plus pre- judgment interest, attorney's fees, costs and such other relief as the Court deems just and proper. COUNT III BREACH OF EXPRESS WARRANTY 13 Pa.C.S.A. $ 2313(a) 37. Plaintiff incorporates paragraphs 1 through 36 herein by reference as though set forth in full. 38. The affirmation of facts or promises made to Gross regarding the quality of the screws and their utility by the Defendants were part of the basis of the bargain. 39. The sample screws provided to Gross were part of the basis of the bargain. 40. The Defective Screws did not conform to the affirmation of facts or promises made and/or did not conform to the samples or prior screws provided. 41. As a direct and proximate result of Defendants' breach, Gross suffered economic damages including, but not limited to, (a) the costs of the defective screws; (b) the costs of removing the Defective Screws from the Residences; (c) the costs for replacing the Defective Screws at the Residences and re-installing the relevant gutters; (d) damages arising from increased job, project or installation costs; and (e) lost profits. WHEREFORE, Plaintiff,, Dana G. Gross, trading and doing business as Mid-State GutterPro, respectfully requests this Court enter judgment as to Count III in his favor and against Defendants, Pemfo Packaging Co., Inc. and Compass International, Inc., for actual, incidental and consequential damages in an amount in excess of the mandatory arbitration amount, plus pre- judgment interest, attorney's fees, costs and such other relief as the Court deems just and proper. COUNTIV BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 13 Pa.C.S.A. § 2314 42. Paragraphs 1 through 41 are incorporated herein by reference as though set forth in full. 43. Under the terms of the agreement, Defendants impliedly warranted that the Defective Screws were merchantable. 44. For the reasons set forth above, the Defective Screws were not merchantable and, as a result, Defendants breached their implied warranty of merchantability. 45. As a direct and proximate result of Defendants' breach, Gross suffered economic 7 damages including, but not limited to, (a) the costs of the defective screws; (b) the costs of removing the Defective Screws from the Residences; (c) the costs for replacing the Defective Screws at the Residences and re-installing the relevant gutters; (d) damages arising from increased job, project or installation costs; and (e) lost profits. WHEREFORE, Plaintiff, Dana G. Gross, trading and doing business as Mid-State GutterPro, respectfully requests this Court enter judgment as to Count IV in his favor and against Defendants, Pemfo Packaging Co., Inc. and Compass International, Inc., for actual, incidental and consequential damages in an amount in excess of the mandatory arbitration amount, plus pre- judgment interest, attorney's fees, costs and such other relief as the Court deems just and proper. COUNT V BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE 13 Pa.C.S.A. § 2315 46. Paragraphs I through 45 are incorporated herein by reference as though set forth in full. 47. Defendants had reason to know the particular purpose for which the Defective Screws were required by Gross. 48. Gross relied on the skill or judgment of the Defendants to select or furnish suitable screws. 49. The Defective Screws were not fit for the purpose Gross required them. 50. As a direct and proximate result of Defendants' breach, Gross suffered economic damages including, but not limited to, (a) the costs of the defective screws; (b) the costs of removing the Defective Screws from the Residences; (c) the costs for replacing the Defective Screws at the Residences and re-installing the relevant gutters; (d) damages arising from increased job, project or installation costs; and (e) lost profits. WHEREFORE, Plaintiff, Dana G. Gross, trading and doing business as Mid-State GutterPro, respectfully requests this Court enter judgment as to Count V in his favor and against Defendants, Pemfo Packaging Co., Inc. and Compass International, Inc., for actual, incidental and consequential damages in an amount in excess of the mandatory arbitration amount, plus pre- judgment interest, attorney's fees, costs and such other relief as the Court deems just and proper. Respectfully submitted, GATES, HALBRUNER & HATCH, P.C. Date: (q 1-a at By: Albe t 4fJ sq e q Attorney I.D. No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Plaintiff) 9 VERIFICATION I, Dana G. Gross, state that I have reviewed the foregoing Complaint and verify that the facts contained therein are true and correct to the best of my knowledge, information and belief. I further verify that these statements made by me are subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. Dana G. Gross DATED: 4 -'P 7- 0 '?4 ? ? ? d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing CASE NUMBER: 04-3027 business as MID-STATE GUTTERPRO, ISSUE NUMBER: Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., PLEADING: PRAECIPE FOR APPEARANCE Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: COMPASS INTERNATIONAL, INC., Defendant. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & WERNER, P.C. 1017 Mumma Road Lemoyne, PA 17043 (717) 975-9(00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, CASE NO: 04-3027 Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., 1 Defendants PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, Compass International, Inc., in the above-captioned matter. Respectfully submitted, WERNER, P.C. BY:_ M?NIS J. BONETTI, ESQUIRE A rney for the Defendant A JURY TRIAL IS DEMANDED Compass International, Inc. CERTIFICATE OF SERVICE That counsel for the defendant, NAME OF PARTY, hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of 2004. 0 1 JL't- I Albert Peterlin, Esquire Gates, Halbruner & Hatch 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Pemfo Packaging Co, Inc. 167 Laurel Street East Bridgewater, Massachusetts 02333 Respectfully submitted, N WERNER, P.C. ? BY: DES S . BONETTI, ESQUIRE 2/ Attorney for the Defendant Compass International, Inc. ? a c ` c. T n i tri i ., f g _ g C) CCi tI? 4? Cil F:\FILES\ ATAFILE\C.o,.l\C-Ren1\11283-1.prdnhn Created. 8/5/04 11..3" Revised: 8/5/04 11.40" 11283.1 DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3027 CIVIL ACTION-LAW PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant PEMFO Packaging Co., Inc., in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By David A. Fitzsimons, Esquire I.D. Number 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 By I.D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PEMFO Packaging Co., Inc. Dated: August 5, 2004 CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH., P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dennis J. Bonetti, Esquire CIPRIANI & WERNER 1017 Mumma Road Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO By / ? l?laZ?- Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 5, 2004 a r_? ?" tel I 7 TI 7 . v , P'A+ILES\ ATAPILE\Gencm\Cu=t\11282-1. ensI/nlm C[Eeted. 8/3/04 8 39AM Revmd 8/11/04 2:52PM 11282.1 DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-302'; CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED DEFENDANT, PEMFO PACKAGING CO., INC.'S. ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER & NEW MATTER PURSUANT TO Pa.R.C.P.2252(d) TO: DANA G. GROSS t/d/b/a MID-STATE GUTTERPRO, Plaintiff, and its attorney, ALBERT N. PETERLIN, ESQUIRE AND TO: COMPASS INTERNATIONAL, INC., Co-Defendant, and its attorney, DENNIS J. BONETTI, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER CROSS-CLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Defendant, PEMFO Packaging Co., Inc., by and through its undersigned attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby answers the Complaint as follows: 1. PARTIES 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 1. Said averments therefore are denied and strict proof thereof is demanded at trial. 2. Admitted. 3. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 3. Said averments therefore are denied and strict proof thereof is demanded at trial. II. JURISDICTION AND VENUE The averments of Paragraphs 1 through 3 of this Answer are hereby incorporated by reference. 4-7. Denied. The averments of Paragraphs 4-7 constitute conclusions of law to which no responsive pleading is required by Pa.R.C.P. 1029(d). To the extent a response is deemed required, said averments are denied. III. BACKGROUND A. In General The averments of Paragraphs 1 through 7 of this Answer are hereby incorporated by reference. 8. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 8. Said averments therefore are denied and strict proof thereof is demanded at trial. 9-10. Admitted. 11-12. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraphs 11-12. Said averments therefore are denied and strict proof thereof is demanded at trial. 13-16. Admitted. 17. Admitted in part and denied in part. Answering Defendant admits only that it delivered to Plaintiff sample screws that were of the same type and quality of the screws Answering Defendant eventually supplied to Plaintiff. Any inference that Answering Defendant supplied samples different from those eventually supplied is denied. 18-19. Admitted. B. The Complained of Transaction The averments of Paragraphs 1 through 19 of this Answer are hereby incorporated by reference. 20. Admitted in part and denied in part. Answering Defendant admits it sold to Plaintiff approximately four thousand (4,000) screws commonly identified as number eight (#8), one and one- half inch (1 %"), one quarter inch (%4") hex washer head sheet metal screws. Answering Defendant specifically denies that the screws were defective. Furthermore, all references to or allegations of "Defective Screws" as referred to in this Paragraph and other Paragraphs throughout the Complaint are specifically denied and this denial is hereafter incorporated by reference throughout the Answer. 21. Denied. Answering Defendant, upon reasonable investigation has no knowledge of any screws supplied by Compass, and distributed to Plaintiff, being defective. To the contrary, based on Answering Defendant's knowledge, no defective screws were supplied to Plaintiff. 22. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 22. Said averments therefore are denied and strict proof thereof is demanded at trial. 23. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 23. To the extent a response is possible, Defendant denies the screws were defective or manufactured from metal of insufficient quality. Furthermore, Answering Defendant is without knowledge of Plaintiff s state of mind at the relevant time. 24. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the, averments of Paragraph 24. Said averments therefore are denied and strict proof thereof is demanded at trial. 25. The averments of Paragraph 25 constitute conclusions of law to which no responsive pleading is required by Pa.R.C.P. 1029(d). To the extent a response is deemed required, upon reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining allegations. As a result, the remaining allegations are denied and proof of such allegation is demanded. 26. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining allegations. As a result, the remaining allegations are denied and proof of such allegation is demanded. COUNTI BREACH OF CONTRACT 27. The averments of Paragraphs 1 through 26 of this Answer are hereby incorporated by reference. 28. Denied. The averments of Paragraph 28 constitute conclusions of law to which no responsive pleading is required by Pa.R.C.P. 1029(d). To the extent a response is deemed required, said averments are denied. 29. Denied. No defective screws were shipped. 30. Denied. To the contrary, upon reasonable investigation, the screws shipped to Plaintiff were of a kind and quality that were: (a) consistent with the samples or other screws provided to Plaintiff in the past; (b) consistent with Answering; Defendant's promises or affirmation of fact made to Plaintiff; (c) fit for their intended purpose; (d) merchantable; and (e) not defective. 31. Denied. The averments of Paragraph 31 constitute conclusions of law to which no responsive pleading is required by Pa.R.C.P. 1029(d). To the extent a response, upon reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations mentioned in this Paragraph. Said averments therefore are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant, PEMFO Packaging, Inc.,, respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice and enter judgment in its favor and against Plaintiff, together with an award of such costs, interest and other relief as the Court deems just and reasonable. COUNT II UNJUST ENRICHMENT 32. The averments of Paragraphs 1 through 31 of this Answer are hereby incorporated by reference. 33 Denied in part and admitted in part. It is admitted that Plaintiff remitted payment in full to Answering Defendant. All remaining allegations contained in Paragraph 33 constitute conclusions of law to which no responsive pleading is required by Pa.R.C.P. 1029(d). To the extent a response is required, the allegations are denied. To the contrary, the screws were of a kind and quality that were: (a) consistent with the samples or other screws provided to Plaintiff in the past; (b) consistent with Answering Defendant's promises or affirmation of fact made to Plaintiff, (c) fit for their intended purpose; (d) merchantable; and (e) otherwise not defective. 34. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraphs 34. Said averments therefore are denied and strict proof thereof is demanded at trial. 35. Denied. The averments of Paragraph 35 constitute conclusions of law to which no responsive pleading is required by the Pa.R.C.P. 1029(d). To the extent a response is deemed required, said averments are denied. 36. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraphs 36. Said averments therefore are denied and strict proof thereof is demanded at trial. WHEREFORE, Defendant PEMFO Packaging Co., Inc., demands judgment in its favor and dismissal of Plaintiff's Complaint with prejudice. COUNT III BREACH OF EXPRESS WARRANTY 13 Pa. C.S.A. § 2313(x) 37. The averments of Paragraphs 1 through 36 of this Answer are hereby incorporated by reference. 38-41. Denied. The averments of Paragraphs 38-41 constitute conclusions of law to which no responsive pleading is required by the Pa.R.C.P. 1029(d). To the extent a response is deemed required, the allegations are denied. WHEREFORE, Defendant, PEMFO Packaging, Inc., respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice and enter judgment in its favor and against Plaintiff, together with an award of such costs, interest and other relief as the Court deems just and reasonable. COUNT IV BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 13 Pa. C.S.A. § 2314 42. The averments of Paragraphs 1 through 41 of this Answer are hereby incorporated by reference. 43-45. Denied. The averments of Paragraphs 43-45 constitute conclusions of law to which no responsive pleading is required by the Pa.R.C.P. 1029(d). To the extent a response is deemed required, the allegations are denied. WHEREFORE, Defendant, PEMFO Packaging, Inc., respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice and enter judgment in its favor and against Plaintiff, together with an award of such costs, interest and other relief as the Court deems just and reasonable. COUNT V BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE 13 Pa. C.S.A. § 2315 46. The averments of Paragraphs 1 through 45 of this Answer are hereby incorporated by reference. 47. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 47. Said averments therefore are denied and strict proof thereof is demanded at trial. 48. Denied. The averments of Paragraph 48 constitute conclusions of law to which no responsive pleading is required by the Pa.R.C.P. 1029(d). To the extent a response is deemed required, Answering Defendant denies that Plaintiff relied upon Answering Defendant's expertise. Plaintiff received samples and ordered from the samples which were shipped. 49-50. Denied. The averments of Paragraphs 49-50 constitute conclusions of law to which no responsive pleading is required by the Pa.R.C.P. 1029(d). To the extent a response is deemed required, the allegations are denied. WHEREFORE, Defendant, PEMFO Packaging, Inc., respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice and enter judgment in its favor and against Plaintiff, together with an award of such costs, interest and other relief as the Court deems just and reasonable. NEW MATTER 51. The averments of Paragraphs 1 through 50 of this Answer are hereby incorporated by reference. 52. If Plaintiff sustained the damages alleged in the Complaint, which potential finding is hereby expressly denied, then such claims are prohibited and/or barred and/or reduced pursuant to and by virtue of the doctrine of contributory negligence or comparative negligence, as the case may be, and/or the doctrine of assumption of the risk, such as may be determined during discovery and trial of this action and for the reasons set forth in this New Matter. 53. If Plaintiff has suffered any damages, which potential finding is hereby expressly denied, then it is believed that there was an intervening cause or causes leading to said damages and, as such, any action on the part of Answering Defendant was not the proximate and/or competent producing cause of the Plaintiff's injuries. 54. If Plaintiff has suffered any damages, which potential finding is hereby expressly denied, then it is believed that some or all of the alleged damages were or may have been caused and/or contributed in whole or in part by the negligence and/or related actions of one or more third persons for whose conduct Answering Defendant is not responsible, or with whom Answreing Defendant has no legal relation. 55. Answering Defendant issued a credit for the shipment of screws which Plaintiff alleges were defective. 56. Upon information and/or belief, not all one hundred four (104) Residences contained broken or shattered screws. WHEREFORE, Defendant, PEMFO Packaging, Inc., respectfully requests that this Court dismiss Plaintiff s Complaint with prejudice and enter judgment in its favor and against Plaintiff, together with an award of such costs, interest and other relief as the Court deems just and reasonable. NEW MATTER CROSS-CLAIM PURSUANT_ TO Pa.R.C.P 2252(d) PEMFO Packaging Co Inc v Compass International. Inc 57. The averments of Paragraphs 1 through 56 of this Answer are hereby incorporated by reference. 58. The averments of Plaintiffs Complaint, which averments have been specifically denied, are hereby incorporated for the limited purpose of this cross-claim. 59. If Plaintiff is entitled to recover from any party, which is expressly denied, then Defendant, Compass International, Inc. is alone liable to Plaintiff or is liable over to Defendant, PEMFO Packaging, Inc., by way of contribution and/or indemnity or are jointly and/or severally liable to PEMFO Packaging, Inc., on account of its own negligence or other liability producing conduct as alleged in the pleadings. 60. If PEMFO Packaging, Inc., is found liable to Plaintiff, which liability is expressly denied, its liability is secondary and passive to the liability of Defendant, Compass International, Inc., whose liability is primary and active. WHEREFORE, Defendant, PEMFO Packaging, Inc., demands judgment against Defendant, Compass International, hie., for all sums that may be adjudged against Defendant, PEMFO Packaging, Inc., in favor ofPlaintiff, in the alternative, Defendant PEMFO Packaging, hie., demands judgment against Defendant, Compass International, Inc., for contribution and/or indemnity for the appropriate part of the amount of damages and costs awarded to Plaintiff, if any. MAR N DE,ARDORFF WILLIAMS & OTTO By ..y "*ft David A. Fitzsimons I.D. Number 41722 Ten East High Street Carlisle, P,?-L701-3 By ? ? David R. Galllowa I.D. Number 37326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant, Date: August 11, 2004 PEMFO Packaging Co., Inc. VERIFICATION I, Helen L. Folloni, President of PEMFO Packaging Co., Inc., acknowledge that I have the authority to execute this Verification on behalf of PEMFO Packaging Co., Inc. and certify the foregoing Defendant, PEMFO Packaging Co., Inc.'s, Answer to Plaintiff's Complaint with New Matter Pursuant to Pa.R.C.P.2252(d) is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this is that of counsel and not my own. I have read the document and to the extent the Defendant, PEMFO Packaging Co., Inc.'s, Answer to Plaintiff's Complaint with New Matter Pursuant to Pa.R.C.P.2252(d) is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Defendant, PEMFO Packaging Co., Inc.'s, Answer to Plaintiff's Complaint with New Matter Pursuant to Pa.R.C.P.2252(d) is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. PEMFO PACKAGING CO., INC. 4 b"? n Helen L. Folloni , President FF\FE.ES\ ATAFILE\Gened Cuv t\11282.1 amI CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant, PEMFO Packaging Co., Inc.'s, Answer to Plaintiff's Complaint with New Matter Pursuant to Pa.R.C.P.2252(d) was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dennis J. Bonetti, Esquire CIPRIANI & WERNER 1017 Mumma Road Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO By. nciT ' 'aenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 11, 2004 ?, ?-, ?., ? _ _ -„ -? %?5 .,., ,„ , r.; - _ N ?, -; ] :-) (,'r1i 41 ?i=', of Ct ev ..? __ s Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (717) 731-9627 facsimile a.peterlin@qateslawtirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA --------------------------------------------------- -X DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. NO. 04-3027 PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. --------------------------------------------------- -X CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT PEMFO PACKAGING CO.. INC. Plaintiff, Dana G. Gross, trading and doing business as Mid-State GutterPro, by and through his attorneys, Gates, Halbruner & Hatch, P.C., hereby answers the New Matter of Defendant, Pemfo Packaging Co., Inc. ("Pemfo") and in support thereof, avers as follows: NEW MATTER 51. Denied. The averments contained in this paragraph are specifically denied, wherefore, strict proof, if relevant, is demanded at trial. 52. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 53. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 54. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 55. Denied. The averments contained in this paragraph are specifically denied, wherefore, strict proof, if relevant, is demanded at trial. 56. Denied. The averments contained in this paragraph are specifically denied, wherefore, strict proof, if relevant, is demanded at trial. NEW MATTER CROSS-CLAIM PURSUANT TO PA.R.C.P. 2252(d) PEMFO PACKAGING CO., INC. V. COMPASS INTERNATIONAL, INC. 57. Denied. Plaintiff incorporates by reference his answers to Paragraphs 51 through 56 as though fully set forth herein. 58-60 Denied. The averments contained in Paragraphs 58-60 of Pemfo's cross- claim are directed to other parties and no answer is required by Plaintiff. Respectfully submitted, Date: August 13, 2004 GATES, HALBRUNER & HATCH, P.C. By: r ptox?_Z?&`Alb6ft N. P66 ri i n, sq ' e Attorneys for Plaintiff 2 CERTIFICATE OF SERVICE I, Albert N. Peterlin, Esquire, hereby certify that the original and a true and correct copy of the foregoing Plaintiffs Answer to New Matter Of Defendant Pemfo Packaging Co., Inc., has been served this day upon the interested parties by prepaid, United States first class mail, addressed as follows: David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High St. Carlisle, PA 17013-3015 Attorneys for Pemfo Packaging Co., Inc. - and - Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Compass International, Inc. GATES, HALBRUNER & HATCH, P.C. Date: August 13, 2004 By: / A e n, s uir ??' Attorneys for Plaintiff 1? T T K) 773 A 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, CASE NUMBER: 04-3027 ISSUE NUMBER: Plaintiff v. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., PLEADING: ANSWER WITH NEW MATTER AND CROSSCLAIM Defendants TO: Dana G. Gross and Pemfo Packaging, Inc. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER WITH NEW MATTER AND CRO CLAIM THIN TWENTY (20) DAYS FROM SE I F OR A DEFAULT JUDGMENT E AGAINST YOU. DE IS J. BONE I, ESQUIRE CODE AND CLASSIFICATION: FILED ON BEHALF OF: Compass International Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & WERNER, P.C. 1017 Mumma Road Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, CASE NO: 04-3027 Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSSCLAIM OF COMPASS INTERNATIONAL INC. TO PLAINTIFF'S COMPLAINT AND NOW, comes Compass International, Inc. ("Compass"), by and through its counsel, Cipriani & Werner, and hereby answers the Plaintiff's Complaint as follows: 1. PARTIES 1. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 1 of Plaintiffs Complaint and the same are therefore denied. 2. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 2 pertain to a party other than Compass and therefore no answer is required. 3. Admitted. II. JURISDICTION AND VENUE 4. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 4 of Plaintiffs Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 4 are denied pursuant to Pa.R.C.P. 1029(e). 5. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 5 of Plaintiffs Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 5 are denied pursuant to Pa.R.C.P. 1029(e). 6. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 6 of Plaintiffs Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 6 are denied pursuant to Pa.R.C.P. 1029(e). 7. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 7 of Plaintiffs Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 7 are denied pursuant to Pa.R.C.P. 1029(e). III. BACKGROUND A. In General 8. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 8 of Plaintiff s Complaint and the same are therefore denied. 9. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 9 pertain to a parry other than Compass and therefore no answer is required. 10. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 10 of Plaintiff's Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, after reasonable investigation Compass is without knowledge or information sufficient to form a belief as to the truth of the averments that Compass manufactured the screws alleged to have been used by Plaintiff and the same is therefore denied. 11. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 11 pertain to a parry other than Compass and therefore no answer is required. By way of further answer, after reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 11 of Plaintiffs Complaint and the same are therefore denied. 12. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 12 pertain to a party other than Compass and therefore no answer is required. By way of further answer, after reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 12 of Plaintiffs Complaint and the same are therefore denied. 13, Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 13 pertain to a party other than Compass and therefore no answer is required. By way of further answer, after reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 13 of Plaintiffs Complaint and the same are therefore denied. 14. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 14 of Plaintiff's Complaint that it manufactured and supplied the screws Pemfo sold and delivered to Gross and the same are therefore denied. 15. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 15 pertain to a party other than Compass and therefore no answer is required. By way of further answer, after reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 15 of Plaintiffs Complaint and the same are therefore denied. 16. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 16 pertain to a party other than Compass and therefore no answer is required. By way of further answer, after reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 16 of Plaintiff's Complaint and the same are therefore denied. 17, Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 17 pertain to a party other than Compass and therefore no answer is required. By way of further answer, after reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 17 of Plaintiff's Complaint and the same are therefore denied. 18. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 18 pertain to a party other than Compass and therefore no answer is required. By way of further answer, after reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 18 of Plaintiff's Complaint and the same are therefore denied. 19. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 19 pertain to a party other than Compass and therefore no answer is required. By way of further answer, after reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 19 of Plaintiffs Complaint and the same are therefore denied. B. The Complained of Transaction 20. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 20 pertain to a party other than Compass and therefore no answer is required. By way of further answer, after reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 20 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass hereby incorporates its answer to paragraph 14 as though the same were fully set forth herein at length. By way of further answer, it is specifically denied that Compass supplied any screws that were defective. 21. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 21 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass hereby incorporates its answer to paragraph 14 as though the same were fully set forth herein at length. By way of further answer, it is specifically denied that Compass supplied screws that were defective. 22. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 22 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass hereby incorporates its answer to paragraph 14 as though the same were fully set forth herein at length. By way of further answer, it is specifically denied that Compass supplied screws that were defective. 23. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 23 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, Compass hereby incorporates its answer to paragraph 14 as though the same were fully set forth herein at length. By way of further answer, it is specifically denied that Compass supplied screws that were defective. 24. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 24 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass hereby incorporates its answer to paragraph 14 as though the same were fully set forth herein at length. By way of further answer, it is specifically denied that Compass supplied screws that were defective. 25. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 25 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 25 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, it is specifically denied that Compass supplied screws that were defective. 26. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 26 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass hereby incorporates its answer to paragraph 14 as though the same were fully set forth herein at length. By way of further answer, it is specifically denied that Compass supplied screws that were defective. COUNTI BREACH OF CONTRACT 27. Compass Compass International, Inc. incorporates its answers to paragraphs 1 through 26 as though the same were fully set forth herein at length. 28. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 28 of Plaintiff's Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, it is specifically denied that Compass supplied screws that were defective. By way of further answer, Compass hereby incorporates its answer to paragraph 14 as though the same were fully set forth herein at length. By way of ftirther answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 28 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass had no contact with Plaintiff, provided no samples to Plaintiff, had no contractual relationship with Plaintiff and made no promises or representations to Plaintiff. 29. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 29 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 30. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 30 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 30 pertain to a party other than Compass and therefore no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 31. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 31 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 31 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. WHEREFORE, Compass Compass International, Inc. demands judgment in its favor and against Plaintiff, without costs. COUNT II UNJUST ENRICHMENT 32. Compass Compass International, Inc. incorporates its answers to paragraphs 1 through 31 as though the same were fully set forth herein at length. 33. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 33 of Plaintiff's Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 33 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 34. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 34 of Plaintiff's Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 34 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 35. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 35 of Plaintiff s Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 35 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 36. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 36 of Plaintiff's Complaint and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 36 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. WHEREFORE, Compass Compass International, Inc. demands judgment in its favor and against Plaintiff, without costs. COUNT III BREACH OF EXPRESS WARRANTY 13 Pa.C.S.A. & 2313 (a) 37. Compass Compass International, Inc. incorporates its answers to paragraphs 1 through 36 as though the same were fully set forth herein at length. 38. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 38 of Plaintiff's Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 38 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 39. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 39 of Plaintiff's Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 39 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 40. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 40 of Plaintiff's Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 40 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 41. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 41 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 41 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. WHEREFORE, Compass Compass International, Inc. demands judgment in its favor and against Plaintiff, without costs. COUNT IV BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY 13 Pa.C.S.A. 4 2314 42. Compass Compass International, Inc. incorporates its answers to paragraphs 1 through 41 as though the same were fully set forth herein at length. 43. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 43 of Plaintiffs Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 43 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 44. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 44 of Plaintiffs Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 44 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 45. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 45 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 45 of Plaintiffs Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. WIIEREFORE, Compass Compass International, Inc. demands judgment in its favor and against Plaintiff, without costs. COUNT V BREACH OF IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE 13 Pa.C.S.A. 4 2315 46. Compass Compass International, Inc. incorporates its answers to paragraphs 1 through 45 as though the same were fully set forth herein at length. 47. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 47 of Plaintiffs Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 47 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 48. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 48 of Plaintiff's Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 48 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 49. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 49 of Plaintiff's Complaint since it had no dealings with Plaintiff and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 49 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. 50. Denied. After reasonable investigation, Compass is without knowledge or information sufficient to form a belief to the truth of the averments contained in paragraph 50 of Plaintiffs Complaint and the same are therefore denied. By way of further answer, Compass is advised by counsel and therefore avers that the allegations contained in paragraph 50 of Plaintiff's Complaint state conclusions of law to which no answer is required. By way of further answer, Compass hereby incorporates its answer to paragraph 28 as though the same were fully set forth herein at length. WHEREFORE, Compass Compass International, Inc. demands judgment in its favor and against Plaintiff without costs. NEW MATTER 51. Compass incorporates its answers to paragraphs 1 through 50 as though the same were fully set forth herein at length. 52. The Complaint fails to state a cause of action upon which relief can be granted. 53. At all times material hereto, the Plaintiff or the third persons, parties, entities or corporations failed to properly maintain, use and/or care for the involved product described in the Plaintiffs Complaint. 54. Plaintiff's claims may be barred by the applicable statute of limitations. 55. Compass believes and therefore avers that the actions and/or inactions of the Plaintiff caused the alleged accident and/or were the sole; cause of any alleged injuries and/or damages and, therefore, the Plaintiffs cause of action is barred and/or may be reduced by virtue of the Pennsylvania Comparative Negligence Act, 42 PA.C.S.A. 7102 and/or by the doctrine of assumption of the risk. 56. Plaintiffs injuries and/or damages, if any, were caused by superseding causes, including, but not limited to the actions and/or inactions of the Plaintiff and/or third parties, firms or corporations for which Compass can be held neither responsible nor liable. 57. Compass believes and therefore avers that the alleged product at all times relevant to Plaintiffs Complaint was misused, abused, altered and/or in a condition substantially changed after it left the hands of the manufacturer or distributor for which Compass can be held neither responsible nor liable. 58. Compass pleads the Restatement of Torts, §388, otherwise known as the A "Sophisticated User Doctrine" as to the causes of action filed by the Plaintiff. If Compass sold the subject product to the Pemfo, which is denied, it is believed and therefore averred that the screws supplied to Pemfo were without defects. 59. Plaintiff s alleged injuries and damages, if any, which are specifically denied, may have been caused, either in whole or in part by the acts or omissions of parties other than Compass. 60. Plaintiffs alleged injuries and damages, if any, which are specifically denied, may have been pre-existing, either in whole or in part and are not causally related to the allegations giving rise to the present litigation. 61. Discovery may reveal that Plaintiff's claims may be barred in whole or in part by one or more affirmative defenses set forth in Pa. R.C.P. 1030, which are incorporated herein by reference including, but not limited to, assumption of the risk, collateral estoppel, res judicata, release or immunity from suit. WHEREFORE, this Compass denies any and all liability and demands judgment in its favor and against the Plaintiff, plus attorneys' fees and costs of suit. NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(D) 62. Compass International, Inc., incorporates Plaintiffs Complaint as though the same were fully set forth herein at length without admission or adoption. 63. In the event that any liability is found to exist on the part of Compass, which liability is specifically denied, then Pemfo Packaging; Company, Inc., is liable over to Compass for contribution and/or indemnification or is jointly and severally liable to Plaintiff. 64. In the event that harm, losses or damages alleged by Plaintiff are found to exist, which are specifically denied, then Pemfo Packaging Company, Inc., is solely liable to Plaintiff for the harm, losses or damages to Plaintiff, or is liable over to Compass for contribution and/or indemnification, or is jointly and severally liable to Plaintiff. WHEREFORE, Compass International, Inc. demands judgment in its favor and against Plaintiff and Pemfo Packaging Company, Inc. without costs. By: Date ?)/( 7/ J. Bonetti, Esquire 1.0.34329 1017 Mumma Road Lemoyne, PA 17043 (717) 975-9600 Attorney for the Defendant Compass International, Inc. VERIFICATION I hereby affirm that the following facts are correct: COMPASS INTERNATIONAL, INC, is a Defendant in the foregoing action. The attached Answer with New Matter and Crossclaim is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer with New Matter and Crossclaim is that of counsel and not of me. I have read the Answer with New Matter and Crossclaim and to the extent that the Answer with New Matter and Crossclaim is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter and Crossclaim is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter and Crossclaim is made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Dated: Authorized Representztive •f Comrass International, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, Compass International, Inc., hereby certifies that a true and correct copy of its Answer with New Matter and Crossclaim has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the _74? day of 2004. Albert Peterlin, Esquire Gates, Halbruner & Hatch 1013 Mumma Road Suite 100 Lemoyne, PA 17043 David R. Galloway, Esquire Mattson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Respectfully submitted, P.C. BY: DEYNIS J. BONETTI, ESQUIRE Attorney for the Defendant Compass International, Inc. r_i ?a ?.:, c. ?` ?f C;? ,. ?. C7 `r? ?? f, :'?1 _ ,j?? 1 r' ?r:i ,. Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (717) 731-9627 facsimile a.geterlin@ciateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------X DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., NO. 04-3027 CIVIL ACTION - LAW Defendants. --------------------------------------------------- -X PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT. COMPASS INTERNATIONAL. INC. Plaintiff, Dana G. Gross ("Gross" or "Plaintiff"), trading and doing business as Mid-State GutterPro, by and through his attorneys, Gates, Halbruner & Hatch, P.C., hereby answers the New Matter of Defendant, Compass International, Inc. ("Compass" or "Defendant") and in support thereof, avers as follows: NEW MATTER 51. Denied. The averments contained in this paragraph are specifically denied, wherefore, strict proof, if relevant, is demanded at trial. 52. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 53. Denied. To the extent the averments contained in this paragraph constitute conclusions of law, no response is required. To the extent a response is required, the averments contained in this paragraph are denied, wherefore, strict proof, if relevant, is demanded at trial. 54. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. 55. Denied. To the extent the averments contained in this paragraph constitute conclusions of law, no response is required. To the extent a response is required, the averments contained in this paragraph are denied, wherefore, strict proof, if relevant, is demanded at trial. 56. Denied. To the extent the averments contained in this paragraph constitute conclusions of law, no response is required. To the extent a response is required, the averments contained in this paragraph are denied, wherefore, strict proof, if relevant, is demanded at trial. 57. Denied. To the extent the averments contained in this paragraph constitute conclusions of law, no response is required. To the extent a response is required, the averments contained in this paragraph are denied, wherefore, strict proof, if relevant, is demanded at trial. 58. Denied. To the extent the averments contained in this paragraph constitute conclusions of law, no response is required. To the extent a response is required, the averments contained in this paragraph are denied, wherefore, strict proof, 2 if relevant, is demanded at trial. 59. Denied. To the extent the averments contained in this paragraph constitute conclusions of law, no response is required. To the extent a response is required, the averments contained in this paragraph are denied, wherefore, strict proof, if relevant, is demanded at trial. 60. Denied. To the extent the averments contained in this paragraph constitute conclusions of law, no response is required. To the extent a response is required, the averments contained in this paragraph are denied, wherefore, strict proof, if relevant, is demanded at trial. 61. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. NEW MATTER IN THE NATURE OF A CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(d) 62. No response is required. 63-4. Denied. The averments contained in Paragraphs 63-64 of Compass' crossclaim are directed to other parties and no answer is required by Plaintiff. Respectfully submitted, Date: August 20, 2004 GATES, HALBRUNER & HATCH, P.C. By: 4Esuire Albe . Pete - , Attorneys for Plaintiff 3 CERTIFICATE OF SERVICE I, Albert N. Peterlin, Esquire, hereby certify that the original and a true and correct copy of the foregoing Plaintiffs Answer to New Matter Of Defendant, Compass International, Inc., has been served this day upon the interested parties by prepaid, United States first class mail, addressed as follows: David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High St. Carlisle, PA 17013-3015 Attorneys for Pemfo Packaging Co., Inc. -and- Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Compass International, Inc. GATES, HALBRUNER & HATCH, P.C. Date: August 20, 2004 By: Albe 4Nrlin, sq Attorneys for Plaintiff O s _? b 3 W o o A o -C P TIL2SZATAPILE\Geo RCmreM1282-I.reel/nh Created- 8/24/04 J'. 19PM Revised: 8/2&04 1150AM 11282.1 DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAT41D COUNTY, PENNSYLVANIA NO. 04-3027 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED REPLY OF DEFENDANT PEMFO PACKAGING CO.. INC. TO CROSSCLAIM OF DEFENDANT COMPASS INTERNATIONAL. INC. 63-64. Denied. The averments of paragraphs 63 through 64 constitute conclusions of law to which no responsive pleading is required by Pa. R.C.P. 1029(d). To the extent a response is deemed required, said averments are denied. WHEREFORE, PEMFO Packaging Co., Inc., demands judgment in its favor and dismissal of the Crossclaim of Defendant Compass International, Inc. with prejudice. Dated: August 26, 2004 MARTSON EARD F WILLIAMS & OTTO By David A. Fitzsimons, Esquire I.D. Number 41722 David R. Galloway, Esquire I.D. Number 87326 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PEMFO Packaging Co., Inc. CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Reply was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dennis J. Bonetti, Esquire CIPRIANI & WERNER 1017 Mumma Road Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO By iM V ? fifi, Nichole L. Myers 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 26, 2004 'O L'A7 'E ?1?7 TT1 7J G? N i fff777"""111 CJ1 G W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff CASE NUMBER: 04-3027 ISSUE NUMBER: V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants PLEADING: PRAECIPE TO FILE ORIGINAL VERIFICATION CODE AND CLASSIFICATION: FILED ON BEHALF OF: Compass International, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 1017 Mumma ;[toad Lemoyne, PA 17043 (717) 975-9600 CIPRIANI & WERNER. P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff CASE NO: 04-3027 V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants JURY TRIAL DEMANDED PRAECIPE TO FILE ORIGINAL VERIIFICATION TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly file the attached original verification to the Answer with New Matter and Crossclaim recently filed by Compass International, Inc. A faxed copy was attached to the actual Answer with New Matter and Crossclaim. Respectfully submitted, P.C. BY: L) IS J. BONETTI, ESQUIRE A mey A JURY TRIAL IS DEMANDED for the :Defendant COMPASS INTERNATIONAL, INC. VERIFICATION I hereby affirm that the following facts are correct: COMPASS INTERNATIONAL, INC, is a Defendant in the foregoing action. The attached Answer with New Matter and Crossclaim is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer with New Matter and Crossclaim is that of counsel and not of me. I have read the Answer with New Matter and Crossclaim and to the extent that the Answer with New Matter and Crossclaim is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter and Crossclaim is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter and Crossclaim is made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. Dated: /(® o Authorized Representative of Compass International, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, COMPASS INTERNATIONAL, INC., hereby certifies that a true and correct copy of its PRAECIPE TO FILE ORIGINAL VERIFICATION has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the / day of -Gl?' 2004. Albert Peterlin Gates, Halbruner & Hatch 1013 Mumma Road Suite 100 Lemoyne, PA 17043 David A. Fitzsimons Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Respectfully submitted, WERNER, P.C. M iNIS J. BONETTI, ESQUIRE mey for the Defendant COMPASS INTERNATIONAL, INC. rn T Jrn .? n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing CASE NUMBER: 04-3027 business as MID-STATE ISSUE NUMBER: GUTTERPRO, Plaintiff PLEADING: V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., REPLY TO NEW MATTER CODE AND CLASSIFICATION: Defendants FILED ON BEHALF OF: Compass International Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONE.TTI, ESQUIRE Pa. ID# 34329 CIPRIANI & WERNER, P.C. 1017 Mumma Road Lemoyne, PA 17043 (717) 975-9600 CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., CASE NO: 04-3027 JURY TRIAL DEMANDED Defendants AND NOW, comes Defendant, Compass International, Inc., ("Compass"), by and through its counsel, Cipriani & Werner, P.C., and hereby files the following Reply to the New Matter in the nature of a Crossclaim pursuant to Pa.R.C.P. 2252 (d). 57. Denied. Compass hereby incorporates its answer to Plaintiffs Complaint and New Matter as though the same were fully set forth herein at length. 58. Denied. Compass hereby incorporates its answer to Plaintiffs Complaint and New Matter as though the same were fully set forth herein at length. 59. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 59 state Conclusions of Law to which no reply is required. To the extent a further reply is required, it is specifically denied that Compass is alone liable to Plaintiff or liable over to Pemfo Packaging, Inc. by way of contribution and/or indemnity or jointly and/or severally liable to Pemfo Packaging, Inc. on account of its own negligence or other liability producing conduct as alleged in the pleadings. To the contrary, Compass hereby incorporates its Answer and New Matter as though the same were fully set forth herein at length. 60. Denied. Compass is advised by counsel and therefore avers that the allegations contained in paragraph 60 state conclusions of law to which no reply is required. To the extent a further reply is required, it is specifically denied that the liability of Pemfo Packaging, Inc. is secondary and passive to the liability of Defendant Compass, whose liability is primary and active. To the contrary, Compass denies liability under the facts and circumstances of the present case. By way of further reply, Compass hereby incorporates its Answer to New Matter as though the same were fully set forth herein at length. WHEREFORE, Compass International, Inc. demands. judgment in its favor and against Pemfo Packaging, Inc. and Plaintiff, without costs. Cl By: J. Bonetti, Esquire 1017 Mumma Road Lemoyne, PA 17043 Date p -I -1- oq (717) 975-9600 Attorney for the Defendant Compass International, Inc. 08/30/04 XON 15:24 FAX 714 558 0216 1.AH` OFFICES X003 iA 002 VERIFICATION I hereby affirm that the following facts are correct: Compass International Inc., is a Defendant in the foregoing action. The attached Reply to New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this Uwauit. The language of the Reply to New Matter is that of counsel and not of me. I have read the Reply to New Matter and to the extent that the Reply to New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Reply to New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set firth in the aforesaid Reply to New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. Dated: (tA & 2-7t? i Z-60 Zloz4Re se ntative of Compass International, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, Compass International, Inc., hereby certifies that a true and correct copy of its Reply to New Matter has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of '2004. Albert Peterlin, Esquire Gates, Halbruner & Hatch 1013 Mumma Road Suite 100 Lemoyne, PA 17043 David Fitzsimons, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNE:R, P.C. BY: DEN BONE I, ESQUIRE Attorney for the Defendant Compass International, Inc. N r.o s ri I ? i l1 J lms f fall .- ? T V 2 -rj - i ,7 .t-,. D C_ N '`?) rn K ? ?! t D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, ISSUE NUMBER: CASE NUMBER: 04-3027 Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., PLEADING: PRAECIPE TO FILE ORIGINAL VERIFICATION Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: Compass International, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & WERNER, P.C. 1017 Mumma Road Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., ) CASE NO: 04-3027 ) JURY TRIAL DEMANDED Defendants PRAECIPE TO FILE ORIGINAL VERIFICATION TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly file the attached original verification to the Reply of Compass International, Inc. to the New the Matter of Pemfo Packaging. A faxed copy was attached to the actual Reply to New Matter. Respectfully submitted, P.C. BY: u12-1111V J. tsUNETTI, ESQUIRE A JURY TRIAL IS DEMANDED Atto ey for the Defendant COMPASS INTERNATIONAL, INC. a002 VERIFICATION I hereby afI'um that the following facts are correct: Compass International Inc., is a Defendant in the foregoing action. The attached Reply to New Matter is based upon information which I have fumishrd to my counsel and infomialioa which has been gathered by my counsel in re P reparation for this lawsuit. The language of the Reply to New Matter's that of counsel and not of me. I have read he Reply to to the extent that the Reply to New Matter is based upon information which I have New Matter and given to my counsel, it's true and correct to the best of my knowledge, information and belief. To the extent that the content of the Reply to Nev., Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Reply to New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. Dated: 6U(,, Z74 ;>,o p y" C2 Authorized Re sentative of Compass International, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, COMPASS INTERNATIONAL, INC., hereby certifies that a true and correct copy of its PRAECIPE TO FILE ORIGINAL VERIFICATION has been served on all counsel of record, by first class mail, posta e g pre-pai according to the Pennsylvania Rules of Civil Procedure, on the 3?? day of '2004. Albert Peterlin Gates, Halbruner & Hatch 1013 Mumma Road Suite 100 Lemoyne, PA 17043 David A. Fitzsimons Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Respectfully submitted, P.C. BY: DENNI$'J. BONETTI, ESQUIRE Attorney for the Defendant COMPASS INTERNATIONAL, INC. ?- 0 r 0 TI _T -? f77 t` 4 'fs Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire PA 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (717) 731-9627 a.peterlin@Qateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing CIVIL ACTION - LAW business as MID-STATE GUTTERPRO Plaintiff NO. 04-3027 V. PEMFO PACKAGING CO., INC., et al. PLAINTIFF'S MOTION TO COMPEL DISCOVERY FROM DEFENDANT, PEMFO PACKAGING CO., INC. Plaintiff, Dana G. Gross ("Gross" or "Plaintiff") trading and doing business as Mid-State GutterPro, by and through his attorneys, Gates Halbruner & Hatch P.C., hereby moves the Court to enter an Order pursuant to Pa.R.C.P. Nos. 4006 and 4009.12 compelling Defendant, Pemfo Packaging Co., Inc. ("Pemfo"), to respond to certain written discovery requests propounded on Pemfo by Gross in this matter. In support of this motion, Plaintiff avers as follows: On September 20, 2004, Plaintiff served Plaintiff's First Set of Interrogatories to Defendant, Pemfo Packaging Co., Inc. ("Interrogatories") and Plaintiff's First Request for Production of Documents to Defendant, Pemfo Packaging Co., Inc. ("Document Requests") on Pemfo. A true and correct copy of the Interrogatories and Document Requests are attached hereto as Exhibits "A" and "B" respectively and incorporated herein by reference as though set forth in full. 2. Pursuant to Pa.R.C.P. No. 4006(a)(2), Pemfo's responses and objections, if any, to the Interrogatories were due on or before October 20, 2004. 3. Pursuant to Pa.R.C.P. No. 4009.12(a), Pemfo's responses and objections were due on or before October 20, 2004. 4. On November 4, 2004, Counsel for Pemfo, David A. Fitzsimons agreed to respond to all of the Interrogatories despite the fact they exceeded forty (40) in number as limited by Local Rule 4005.1. 5. On November 5, 2004, Counsel for Plaintiff memorialized this agreement in writing and served the same upon Counsel for Pemfo. 6. Pemfo has not served any answers, objections or documents on Plaintiff in response to the Discovery Requests. 7. Pursuant to Pa.R.C.P. No. 4019(a)(1)(i), the Court may compel Pemfo to respond to the Discovery Requests. 2 PRAYER FOR RELIEF Plaintiff, Dana G. Gross trading and doing business as Mid-State GutterPro, requests the Court enter an Order pursuant to Pa.R.C.P. No. 4019(a)(1)(i) granting this Motion and directing Pemfo to provide full and complete answers, without objection, to the Discovery Requests within twenty (20) days of the entry of such Order or appropriate sanctions shall be imposed upon Pemfo following application to the Court. GATES, HALBRUNER & HATCH, P.C. Date: March 10, 2005 By: ' ABMN. eterlin, squ Attorneys for Plaintiff 3 Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (717) 731-9627 facsimile a.peterlin@qateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. NO. 04-3027 PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., CIVIL ACTION - LAW Defendants. X PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT, PEMFO PACKAGING CO., INC. PLEASE TAKE NOTICE that Defendant, PEMFO Packaging Co., Inc. is required, pursuant to Pa.R.Civ.P. 4005, to serve upon the undersigned an original of Defendant's answers and objections, if any, in writing and under oath, to the following interrogatories within thirty (30) days after the service of this document. A. GENERAL INSTRUCTIONS 1. These interrogatories are continuing in character so as to require the answering person to serve supplemental answers if the answering person obtains further or different information prior to trial. Such supplemental answers may be served from time-to-time but, in any event, not later than fifteen (15) days after such information is received. 2. Each interrogatory is to be answered separately and as completely as possible. The fact that investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to answer each interrogatory as fully as possible. The nmiccinn of env names fart nr nther item of infnrmatinn frnm the nncwam chnil he deemed a representation that such name, fact or item is not known to the answering person, their counsel or other representative at the time of service of the answers. 3. If the answering person contends that any of the information demanded by any of these interrogatories is privileged, set forth, with regard to all such information, the following: a. the nature of the privilege asserted; b. the subject matter to which the claim of privilege relates; C. in the case of information other than documents, the name(s) of the person(s) from whom such information was obtained and the name(s) of any person(s) to whom such information was communicated; d. in the case of a document: i. the date(s) on which it was produced and, if different, the date(s) on which it was transmitted, distributed or otherwise provided to each person to whom it was transmitted, distributed or otherwise produced; 2 ii. the full name(s), address(es) and title(s) of the document's author(s) and address(es); iii. the full name(s), address(es) and title(s) of all persons who received a copy of the document including, without limitation, all persons who received a blind copy of the document; iv. the nature of the document (i.e., whether it is a letter, memorandum, tape, disk, etc.); and V. the title of the document if any, 4. The word "state" when used in these interrogatories shall require, in addition to the recitation of each fact requested: a. identification of your source(s) of information concerning such fact, including the date on which you first received such information; b. identification of each document relating to, referring to or evidencing such fact; C. specification of each document which you intend to offer in evidence to prove, or with respect to, such fact; and d. identification of each person so identified whom you intend to call as a witness to testify concerning such fact. 5. In answering the interrogatories, furnish such information as is available to you, not merely such information as is of your own personal knowledge. This means that the answering person is to furnish information which is known by or in the possession of its employees, representatives or agents including, without limitation, its attorney(s). 3 6. Do not incorporate by reference facts contained in documents or publications. Specify the precise facts, allegations, names, etc., called for by the interrogatories, regardless of whether the same are set forth elsewhere. 7. In answering the interrogatories, words used in the singular shall include the plural and words used in the plural shall refer to the singular as well. Gender is to be wholly disregarded, the neuter referring to the male and thE' female and the male referring to the female and the neuter. R. If in answering any of the interrogatorie8, anv arnhiguity in r_.onstruing either the interrogatory or a definition or instruction relevant to the inquiry contained within the interrogatory encountered, the answering person is to identify the matter deemed ambiguous and set forth the construction chosen or used in answering the interrogatory. 9. Whenever any objection is made to any numbered or lettered paragraph or subparagraph of any interrogatory, an answer shall be furnished to any other numbered or lettered paragraph or subparagraph of such interrogatory as to which there is no objection. B. DEFINITIONS 1. As used herein, the term "document' includes written, printed, typed, recorded or graphic matter, however produced or reproduced including, without limitation, correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, telephone messages, analyses projections, indices, work papers, studies, surveys, diaries, calendars, films, photographs, minutes of meetings or any other writing (including copies of any of the 4 foregoing, regardless of whether you are now in possession, custody or control of the original) now in your possession, custody or control or in the possession, custody or control of your former or present counsel, agents, employees or any other person acting on their behalf. 2. When used in reference to any oral communication, "identify", "identification" or "describe" means to state: a. the identity of the person(s) by whom it was made; In. the identity of the person(s) to whom it was made, c. the date or best approximate date said oral communication was made; d. the substance of the oral communication; and e. the identification of each document referring to or otherwise pertaining to such oral communication, including, but no limited to, any notes, summaries, tape recordings, transcripts, or any other rnemorialization or summarization of said oral communication. 3. As used herein, the term "person" or "persons" includes an individual, partnership, corporation or other profit or non-profit business association or entity or any governmental agency, department or unit. A request to "identify" a person shall require setting forth: a. his, her or its full name; b. the last known personal residence and business addresses of a natural person or the principal business or other address of any other person; C. in the case of natural persons, the name and address of his or her 5 employer within the period to which these interrogatories refer; and d. in the case of natural persons, each job title, job description or job classification applicable to his or her employment at all times relevant to this litigation. 4. When used in reference to a document, the words "identify", "identity", "identification" or "describe" mean to state: a. the date appearing on such document or, if no date so appears, to so state and to give the date or best approximate date on which such document was prepared; b. the type of document (e.g., letter, correspondence, note, memorandum, telegram, cable, sound recording, drawing, photograph, data card, data printout, etc.); C. the identity of every author, whether such person signed the document or not; d. the identify of every person to whom such document was addressed, as well as every person who received such document or any copy thereof; e. the identity of every person having or having had possession, custody or control of such document; and f. a description of the contents of the document. 5. The phrase "describe in detail" shall require, in the case of an act, transaction, relationship, thing or occurrence: a. a full description of such act, transaction, relationship, thing or 6 occurrence by reference to underlying facts rather than to ultimate facts or conclusions of fact or law, including complete references to (i) date(s), (ii) place(s), (iii) person(s) involved, and (iv) manner or means employed; b. identification of answering person's source(s) of information concerning such act, transaction, relationship, thing or occurrence, including the date on which the answering party received such information; C. identification of each document relating to, referring to or evidencing such act, transaction, relationship, thing or occurrence; and d. identification of each person having knowledge of such act, transaction, relationship, thing or occurrence. 6. The phrase "state each fact" shall require, in addition to the recitation of each such fact: a. identification of the answering party's source(s) of information concerning such fact, including the date on which the answering party first received such information; b. identification of each document relating to, referring to or evidencing such fact; and c. identification of each person having knowledge of such fact. 7. As used herein, the term "Compass" means the defendant, Compass International, Inc., and its parent companies or corporations, holding companies or corporations, subsidiaries, sister corporations, directors, officers, employees, representatives, agents, servants, counsel, investigators and/or consultants. 8. As used herein, the term "You" or "PEMFO" Means the defendant, 7 PEMFO Packaging Company, Inc., and its parent companies or corporations, holding companies or corporations, subsidiaries, sister corporations, directors, officers, employees, representatives, agents, servants, counsel, investigators and/or consultants. 9. As used herein, the term the "Defective Screws" means the approximately four thousand (4,000) construction fasteners that are the subject of this action and which were purchased from PEMFO in or about August, 2002 and commonly identified as number eight 148), one and one-half inch (1 1/2°), one quarter inch (1/4") hex washer head sheet metal screws. 10. As used herein, the term "Screws" means construction fasteners commonly identified as number eight (#8), one and one-half inch (1 1/2"), one quarter inch (1/4") hex washer head sheet metal screws. INTERROGATORIES 1. Identify the name and address of the person answering these interrogatories and identify the name and address of each and every person with whom you consulted, upon whom you relied, or who otherwise constituted a source of information for you in connection with the preparation of your answer to these interrogatories, setting forth for each person the number(s) of the interrogatories to which he or she helped to answer or with respect to which he or she was consulted, relied upon, or otherwise constituted a source of information. 8 2. State whether you made sufficient inquiry of your agents, servants, employees, representatives, and other persons in your control, and have you examined all the documents relating to this matter so that you are able to answer these interrogatories completely and accurately: 3. State when PEMFO was incorporated. 4. Identify the state or jurisdiction within which PEMFO was first incorporated (If PEMFO has since been incorporated under the laws of any other state or jurisdiction, please identify them, together with the date upon which PEMFO was incorporated in such other state or jurisdiction). 5. Identify any state or jurisdiction within which PEMFO transacts business. 6. Identify any state or jurisdiction within which PEMFO has a foreign certificate of authority to transact business. 10 7. State the business purpose for which PEMFO was incorporated. 8. Identify each and every division of PEMFO, the names of such divisions, the date upon which each division was formed, the date upon which any division ceased to do business and the purpose for or business engaged in of each such division. 11 9. State the places (address, city, state and zip code) where PEMFO maintains its principle office, any other offices and any facilities and identify whether it is the principle office, other offices or facilities. 10. Describe in detail the business of PEMFO including a description of the products that it sells or the services that it provides. 11. Identify the relationship between Compass and PEMFO and, if the relationship is contractual, identify all documents which relate to the contractual relationship. 12 19_ Irlentifii the fnllowing activities which you have ever enaaaed in: (al designing or engineering Screws; (b) manufacturing or otherwise producing Screws; (c) packaging or labeling Screws; or (d) marketing, distributing, selling or otherwise supplying Screws. 13. State whether Compass ever marketed, distributed, sold or supplied any product to PEMFO at any time prior hereto. 13 14. State whether Compass marketed, distributed, sold or supplied Screws to PEMFO at any time prior hereto. 15. If you answered the preceding interrogatory in the affirmative, Identify the purchase or order date, purchase order or invoice, any identifybng number for the transaction(s), shipping date, date of receipt and quantity of any Screws purchased by or supplied to you from Compass beginning January 1, 2001 up to and including December 31, 2002. 14 16. Identify the following information for the Screws: (a) the full brand name and/or trade name; (b) the full product name and/or number; (c) the full model name and/or number; (d) the full series name and/or number; and (e) any other name, number or designation used to identify the Screws you supply or sell, including, but not limited to, any name, number or designation which you have used internally to identify the Screws you i ci ipply nr call. 17. State whether the Screws you supply or sell have ever been supplied or sold by you with any identification marking(s) or label(s) placed on or affixed to the product or its packaging, and, if so, set forth the marking or label's content including any identification number or code, describe in detail the information the number or code provided and any key used to determine what information the number or code provided. 15 18. State whether at any time prior hereto you marketed, distributed, sold or supplied Screws obtained from Compass to any third-party and, if so, describe in detail each activity PEMFO has engaged in with respect to such marketing, distributing, Selling or otherwise supolvina Screws obtained from Compass. 19. State whether prior to August 1, 2002, the Screws obtained from Compass were sold or supplied with any accompanying instructions and, if so, state when the instructions were formulated, who formulated them, why they were formulated and set forth the content of such instructions. 16 21. State whether after August 1, 2002, the Screws obtained from Compass were sold or supplied with any accompanying instructions and, if so, state when the instructions were formulated, who formulated them, why they were formulated and set forth the content of such instructions. 22. Regarding the Screws obtained from Compass, state whether any governmental regulation or standard, any organization's standard or recommended practice or procedure, or any internal standard or recommended practice or procedure was applied or adhered to with respect to: (a) the packaging and/or labeling; (b) any instructions supplied with or issued for the Screws; (c) the marketing, distribution, sale or supply; and/or (d) any testing or performance specification;. 17 23. If you answered the preceding interrogatory in the affirmative, for each such regulation, standard or recommended practice or procedure: (a) identify the entity that promulgated the regulation, standard or recommended practice or procedure; (b) state the citation, title, name and/or numher and effective date of the regulation, standard or recommended practice or procedure; and (c) describe in detail how the regulation, standard or recommended practice or procedure was applied or adhered to. 24. For one year preceding August 1, 2002, describe in detail your system or procedure for determining: (a) whether the Screws obtained from Compass complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) whether the Screws obtained from Compass complied with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standard or recommended practice or 18 procedure. 25. Regarding any system or procedure described by you in answer to the preceding interrogatory, state when it was implemented, why it was implemented, how it was implemented, which division of PEMFO was responsible for its implementation, and which employees were responsible for its implementation. 26. For one year subsequent to August 1, 2002, describe in detail your system or procedure for determining: (a) whether the Screws obtained from Compass complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) whether the Screws obtained from Compass complied 19 with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standard or recommended practice or procedure. 27. Regarding any system or procedure described by you in answer to the preceding interrogatory, state when it was implemented, why it was implemented, how it was implemented, which division of PEMFO was responsible for its implementation, and which employees were responsible for its implementation. 28. For one year preceding August 1, 2002, describe in detail any determinations you made concerning whether the Screws obtained from Compass: (a) 20 complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) complied with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standards or recommended practices or procedures. 29. Regarding any determinations described by you in answer to the preceding interrogatory, (a) state what the determination was; (b) state when it was made; (c) state how it was made; (d) state why it was made; and (e) identify each person or entity involved. 30. For one year subsequent to August 1, 2002, describe in detail any 21 determinations you made concerning whether the Screws obtained from Compass: (a) complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) complied with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standards or recommended practices or procedures. 31. Regarding any determinations described by you in answer to the preceding interrogatory, (a) state what the determination was; (b) state when it was made; (c) state how it was made; (d) state why it was made; and (e) identify each person or entity involved. 22 32. Regarding the Screws you supply or sell, identify any and all promotional or informational materials issued by you from January 1, 2001 until the present including, but not limited to, the content of the materials, when it was created, who created it, when it was issued, for whom they were issued and how they were distributed. 33. State whether any consideration was given at the time you obtained the Screws and Defective Screws from Compass to any potential change they might undergo over time. 34. If you answered the preceding interrogatory in the affirmative, describe 23 in detail the nature of the change and state who had overall responsibility for identifying the change, what means were used to identify the change, and what steps were taken to eliminate or minimize the likelihood of the change. 35. State whether any consideration was given at the time you obtained the Screws and Defective Screws from Compass to any potential misuse they might be subject. 36. If you answered the preceding interrogatory in the affirmative, describe in detail the nature of the misuse and state who had overall responsibility for identifying the potential misuse, what means were used to identify the misuse, and what steps 24 were taken to eliminate or minimize the likelihood of the misuse. 37. Identify all documents not identified in your answers to previous interrogatories containing or describing any design, engineering, manufacturing, production, testing and/or performance specifications of the Screws. 38. Identify all drawings or other documents not identified in your answers to previous interrogatories depicting the design of the Screws. 25 39. State whether you know of any inspection, examination, test or analysis of the Screws or Defective Screws performed at any time and, if so, for each such inspection or test: (a) state the nature of the inspection, examination, test or analysis; IM otntn xnihn nnrfnrmnri it anri Whn hari nvarall rasnnncihility of it (ca statP when and ?..? ...? ...............? .. .... .... ...._ .._. _. _._._...__,_ where it was performed; (d) state how it was performed; (e) state: why it was performed; and (f) state the results of the inspection, examination, test or analysis performed. 40. State whether before August 1, 2002 you received) any complaint, notice or information concerning a defect or inadequacy in the Screws obtained from Compass or inadequacy in the Screws' design or manufacturing and, if so, (a) set forth the complaint, notice or information; (b) identify who you received it from; (c) state when you received it; (d) state how you received it; (e) identify each employee or representative of yours through whom you received it; and (f) describe in detail any 26 action, if any, you took in response to it. 41. State whether after August 1, 2002 you received any complaint, notice or information concerning a defect or inadequacy in the Screws obtained from Compass or inadequacy in the Screws' design or manufacturing and, if so, (a) set forth the complaint, notice or information; (b) identify who you received it from; (c) state when you received it; (d) state how you received it; (e) identify each employee or representative of yours through whom you received it; and (f) describe in detail any action, if any, you took in response to it. 42. Describe in detail how, if at all, you monitor and attempt to prevent or 27 minimize hydrogen embrittlement, hydrogen cracking, brittle fractures and other similar failures or defects in or corrosion of the Screws you obtain and, also, identify when you began doing so and who is responsible for it. 43. State whether you have formulated a quality control policy or method concerning the Screws you supply or sell, and, if so, state when it was formulated, identify who formulated it, state whether it was implemented, state when it was first implemented, state whether it is still being implemented, identify who was and is responsible for implementing it, and describe in detail how it was and is implemented. 44. Identify each document having information requested in these 28 interrogatories. 45. Identify each person having information requested in these interrogatories including the company or business they are employed by or associated with, their job title or position, their business address, their business telephone number and their relationship to you. 46. Identify each person you intend to call as a witness trial. 29 47, Identify by name, home address and business address, each person who has been retained or specifically employed by you in anticipation of litigation or preparation for trial as an expert, whether or not such person is expected to be called aS a wifnecS at trial 48. State the subject matter as to which each expert identified in answer to the preceding interrogatory has been retained or specially employed by you. 30 49. Identify any documents you intend to use as an Exhibit at trial. 50. Describe in detail the use or purpose for the Screws. 51. State all express warranties made for the Screws by Compass to you. 31 52. State whether Compass provided you with samples of the Screws prior to selling, supplying or otherwise transferring them to you. 53. State whether Compass advised you as to the purpose or use of the Screws and, if so, describe in detail the purpose or use advised to you. 54. State whether you relied on the skill or judgment of Compass to select or furnish suitable screws to your customers or clients and, if so, describe in detail how you relied on the skill or judgment of Compass. 32 F5. Ctata Whother (_nmpacc had reason to know of the particular purpose for which Plaintiff required the Screws and, if so, describe in detail the basis for your knowledge and the content. 56. State whether Compass had reason to know of the particular purpose for which you required the Screws and, if so, describe in detail the basis for your knowledge and the content. 33 57. State all express warranties made for the Screws by you to Plaintiff. 58. State whether you provided samples of the Screws you obtained from Compass to Plaintiff. 59. State all express warranties made by you to Plaintiff for the Screws you obtained from Compass. 34 60. State whether you advised Plaintiff as to the type of screw or construction fastener required for the purpose for which Plaintiff reauired them. GATES, HALBRUNER & HATCH, P.C. Date: September 20, 2004 By:/(/ AI N. 94 rlih, Ebgiair Aftorneys for Plaintiff 35 CERTIFICATE OF SERVICE I, Albert N. Peterlin, Esquire, hereby certify that the original or a true and correct copy of the foregoing Plaintiff's First Set of Interrogatories to Defendant, Pemfo Packaging Co., Inc., has been served this day upon counsel of record by United States first class mail, postage prepaid, addressed as follows: David A. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High St. f arlicla PA 17niR-, rots Attorneys for Pemfo Packaging Co., Inc. (Original) - and - Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Compass International, Inc. (Copy) GATES, HALBRUNER & HATCH, P.C. / Alirll-y / Date: September 20, 2004 By: I ? ' P rlin, E qui Attorneys for Plaintiff ? X?' ??__----_- w e, w? n d o v i o d. c+ W S Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (717) 731-9627 facsimile a.peterlin@qateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ------------------------------------------------------X DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. NO. 04-3027 PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. -°------------------------------------------------- -------------- x CIVIL ACTION - LAW PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, PEMFO PACKAGING CO., INC. PLEASE TAKE NOTICE that the Defendant, Pemfo Packaging Co., Inc. is required, pursuant to Pa.R.Civ.P. 4009.12, to serve upon the undersigned an original of Defendant's answers and objections, if any, in writing and under oath, to produce for inspection and copying the following documents and tangible things in the manner and time prescribed by the aforesaid rules. A. GENERAL INSTRUCTIONS 1. The General Instructions set forth in Plaintiff's First Set of Interrogatories To Defendant, Pemfo Packaging Co., Inc. ("Interrogatories") are incorporated herein by reference as though set forth in full. B. DEFINITIONS 1. The Definitions set forth in Plaintiff's Interrogatories are incorporated herein by reference as though set forth in full. DOCUMENT REQUESTS Any and all documents identified in response to the Interrogatories. 2. Any and all documents which you reviewed, relied upon, made use of, or to which you referred in responding to the Interrogatories. 3. All correspondence between you and Compass regarding the purchase of Screws from January 1, 2001 until the present. 4. All correspondence between you and Compass regarding the Defective Screws, Plaintiff or the subject matter of this litigation. 5. All correspondence between you and Plaintiff regarding the Defective Screws, Plaintiff or the subject matter of this litigation. 6. All diaries, logs and journals prepared by you or in your possession, that refers, relates or pertains to Screws supplied or sold by Compass to you from January 1, 2001 until the present. 7. All documents upon which you intend to rely at trial. 8. Any and all correspondence between you and any party which relates to or refers to the Defective Screws, Plaintiff or the subject matter of this litigation. 9. Any and all statements concerning the facts or subject matter of this case 2 made by a party or its agents, servants, or by a witness, as defined by Pa.R.Civ.P. No. 4003.4. 10. Any and all documents containing the names and addresses of all individuals contacted as potential witnesses in this matter. 11. Any and all documents referring or relating to Plaintiff, the Defective Screws or the subject matter of this litigation. 12. All investigative reports, memoranda, interview summaries, notes, or similar documents which relate to the subject aiafter of this litigation, including but not limited to, items prepared by your insurers, investigators, attorneys or other similarly situated individuals. 13. All documents, including bills, invoices, orders or other similar records between you and Compass regarding Screws from January 1, 2001 until the present. 14. All documents, including bills, invoices, orders or other similar records between you and Plaintiff regarding Screws from January 1, 2001 until the present. 15. All letters, correspondence, notes, memoranda or similar documents that reflect, refer or relate to any written communications between you and Compass concerning Plaintiff, the Defective Screws or the subject matter of this litigation. 16. All letters, correspondence, notes, memoranda or similar documents that reflect, refer or relate to any written communications between you and any third-party, (including, but not limited to, any insurance company) concerning Plaintiff, the Defective Screws or the subject matter of this litigation. 17. All notes, memoranda, recordings or similar documents that reflect, refer or relate to oral communications between you, Compass or Plaintiff and any third-party 3 (including, but not limited to, any insurance company) concerning Plaintiff, the Defective Screws or the subject matter of this litigation. 18. All documents not otherwise specified herein upon which you rely to support your defenses set forth in Defendant, Pemfo Packaging Co., Inc.'s Answer to Plaintiff's Complaint with New Matter & New Matter Pursuant to Pa. R. C. P. 2252(d). 19. Any and all catalogs, brochures, pamphlets or other promotional materials you provided to Plaintiff at any time. 20. Any and aii cataiogs, brochures, pamphlets or other pruniotional materials you provide to your clients or customers regarding any of Compass' products from January 1, 2001 until the present. 21. Any and all catalogs, brochures, pamphlets or other promotional materials Compass provided to you from January 1, 2001 until the present. 22. Any and all instructions, manuals and similar documents you received from Compass regarding the Screws. 23. Any and all warranties you received from Compass regarding the Screws. 24. Any and all documents regarding the use or purpose of the Screws. 25. Any and all samples of Screws provided by Compass to you from January 1, 2001 until the present. GATES, HALBRUNER & HATCH, P.C. Date: September 20, 2004 By: f ?- 1 Albert N. Peterlin, Es lire ` Attorneys for Plaintiff 4 CERTIFICATE OF SERVICE I, Albert N. Peterlin, Esquire, hereby certify that the original or a true and correct copy of the foregoing Plaintiff's First Request for Production of Documents to Defendant, Compass International, Inc., has been served this day upon counsel of record by United States first class mail, postage prepaid, addressed as follows: David A. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High St. Carlisle, PA 17013-30i5 Attorneys for Pemfo Packaging Co., Inc. (copy) - and - Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Compass International, Inc. (Original) GATES, HALBRUNER & HATCH, P.C. Date: September 20, 2004 By: q? J-9,P0 ?r Albe N. P rlin, Es ire Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jeffrey L. Shaffer, Legal Assistant, hereby certify that a true and correct copy of the foregoing Plaintiff's Motion to Compel Discovery from Defendant, Pemfo Packaging Co., Inc., has been served this day upon counsel of record by United States first class mail, postage prepaid, addressed as follows: David R. Fitzsimons David R. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High St. Carlisle, PA 17013-3015 Attorneys for Pemfo Packaging Co., Inc. Dennis J. Bonett'i, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Compass International, Inc. GATES, HALBRUNER & HATCH, P.C. Date: March 10, 2005 By: Jeff r . S affer, Legal As tant Attorneys for Plaintiff 1.. ? _ -it ? ( .? .' ' ' t ;'y .? i J l IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO CIVIL ACTION - LAW NO. 04-3027 Plaintiff V. PEMFO PACKAGING CO., INC., et al. RULE TO SHOW CAUSE AND NOW, this / S day of 1?7,41t C4f , 2005, upon consideration of Plaintiffs Motion to Compel Discovery From Defendant, Pemfo Packaging Co., inc. ("Motion"), it is hereby ORDERED and DECREED that: 1. A Rule is issued upon Defendant, Pemfo Packaging Co., Inc. ("Pemfo") to show cause why Plaintiff is not entitled to the relief requested; 2. Pemfo shall file an answer to the Motion within twenty (20) days of service of this Rule upon Pemfo; 3. The Motion shall be decided under Pa.R.C.P. No. 206.7. 4. Depositions, if applicable, shall be completed within thirty (30) days of this date; 5. Notice of the entry of this order shall be provided to all parties by the Plaintiff. BY THE COURT: ?: :? F,A FILESVDATAFILPGrncrel Cume tAl 1292. 1 restAm Cw,.d. 9120104 QWPM R,vi.d 4/4,05 3.03PM • 112921 David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff, IN THE COURT OF CUMBERLAND CC QON PLEAS OF , PENNSYLVANIA V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. NO. 04-3027 CIVIL ACTION - LAW JURY TRIAL AND NOW, comes Defendant, Pemfo Packaging Co., Inc. counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby Motion to Compel Discovery as follows: by and through their to Plaintiff's 1-3. Admitted. 4. Admitted with clarification. Counsel for Defendant agreed t respond despite the excessive and unnecessarily burdensome Interrogatories of Plaintiff nurri of subparts, plus accompanying Requests for Production of Documents b counsel for Plaintiff would not extend the courtesy of voluntarily Interrogatories. In order to avoid unnecessarily burdensome motions pra proceeded to undertake the investigation necessary to reply to all of the 5. Admitted with clarification. It is admitted that counsel for for Pemfo, however, he did not place any deadline on receipt of the supplier in the chain of supply of the allegedly defective screws and did sixty (60), exclusive it was apparent that ng his burdensome Defendant's counsel >gatories. tiff wrote to counsel from Pemfo, a mere contact counsel for Defendant Pemfo prior to service of his Motion to Compel. 6. Denied. The Answers, Objections and Responsive documents were prepared and served upon receipt of the Motion to Compel and should be in the receipt of counsel, as of this writing. 7. Denied. The averments of Paragraph 7 are a conclusion response, complete responses have been provided and an Order to compel WHEREFORE, Defendant Pemfo Packaging Co., Inc., respectfully dismiss Plaintiff's Motion as moot. Respectfully submitted, MARTSON Date: April 4, 2005 By 1_ David A. Fitzsimons, I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant by way of further no longer necessary. that this Court & OTTO CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson certify that a copy of the foregoing Defendant Pemfo Packaging Co., Inc.'s Motion to Compel Discovery was served this date by depositing same in the PA, first class mail, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dennis J. Bonetti, Esquire CIPRIANI & WERNER 1017 Mumma Road Lemoyne, PA 17043 MARTSON DEARDORFF By????r?G Melissa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 & Otto, hereby to Plaintiff's Office at Carlisle, & OTTO Dated: April 4, 2005 ? tl ? ?.. 1- ? i ,rt _._ (': G? Gates, Halbruner & Hatch, P.C. By: Albert Nicholas Peterlin, Esquire PA 84180 1013 Mumma Road Suite 100 Lemoyne, Pennsylvania 17043-1144 (717) 731-9600 telephone (717) 731-9627 telecopier a.peterlin@qateslawfirm.com www.aateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., CIVIL ACTION - LAW NO. 04-3027 PLAINTIFF'S MOTION TO COMPEL DISCOVERY FROM DEFENDANT, COMPASS INTERNATIONAL, INC. Plaintiff, Dana G. Gross ("Mr. Gross" or "Plaintiff") trading and doing business as Mid-State GutterPro, by and through his attorneys, Gates Halbruner & Hatch P.C., hereby moves the Court to enter an Order pursuant to Pa.R.C.P. Nos. 4006 and 4009.12 compelling Defendant, Compass International, Inc. ("Compass International") to fully and completely respond to certain written discovery requests propounded on Compass International by Mr. Gross in this matter. In support of this motion, Plaintiff avers as follows: 1. On 10 March 2005, Mr. Gross served Plaintiff's Second Set of Interrogatories to Defendant, Compass International, Inc. ("Interrogatories") and Plaintiff's Second Request for Production of Documents to Defendant, Compass international, Inc. ("Document Requests") on Compass International. A true and correct copy of the Interrogatories and Document Requests are attached hereto as Exhibits "A" and "B" respectively and incorporated herein by reference as though set forth in full. 2. Pursuant to Pa.R.C.P. No. 4006(a)(2), Compass International's responses and objections, if any, to the Interrogatories were due on or before 11 April 2005. 3. Pursuant to Pa.R.C.P. No. 4009.12(a), Compass International's responses and objections, if any, to the Document Requests were due on or before 11 April 2005. 4. Compass International did not provide responses on or before 11 April 2005. 5. On 2 May 2005, Counsel for Mr. Gross forwarded a letter to Counsel for Compass International to provide full and complete responses or, in the alternative, requesting its concurrence to a motion to compel pursuant to Local Rule 208.2(d). A copy of the letter is attached as Exhibit "C" and incorporated by reference. 6. On 4 May 2005, Compass International mailed answers, objections, and documents in response to the Interrogatories and Document Requests. A 2 copy of the responses are attached as Exhibits "D" and "E," respectively, and incorporated by reference. 7. The responses were substantially non-responsive, ambiguous, and/or incomplete. As a result, Counsel for Mr. Gross forwarded a letter dated 13 May 2005 to Counsel for Compass International regarding the same. A copy of the letter is attached as Exhibit "F" and incorporated by reference. 8. Compass International has provided non-responsive, ambiguous, and/or incomplete responses to the Interrogatories: a. Nos. 7-11 the answers are non-responsive, ambiguous, and incomplete; b. Nos. 13-16 the answers are non-responsive, ambiguous, and incomplete; C. No. 17 the answer is incomplete; d. Nos. 18-19 the answers are non-responsive and incomplete; e. No. 20-22 the answers are non-responsive, ambiguous, and incomplete; and I. No. 24 the answer is non-responsive, ambiguous, and incomplete. 9. Compass International has failed to produce discoverable documents in response to the Document Requests Nos. 1 & 2. The responses are non-responsive and no documents were produced. Specifically, Compass International identified that its packaging contained certain markings on it but was not produced. 3 REQUEST FOR RELIEF Plaintiff, Dana G. Gross trading and doing business as Mid-State GutterPro, requests the Court enter an Order pursuant to Pa.R.C.P. No. 4019(a)(1)(i) granting this Motion and directing Compass International to provide verified answers, without objection, and documents responsive to the Discovery Requests within twenty (20) days of the entry of such Order or appropriate sanctions shall be imposed upon Pemfo Co. following application to the Court. GATES„ HAL69UNER 0FYATCH, P.C. Date: 5 August 2005 By: Plaintiff 4 CERTIFICATE OF SERVICE I, Albert Nicholas Peterlin, Esquire, hereby certify that, at my direction, a true and correct copy of the foregoing Plaintiff's Motion to Compel Discovery from Defendant, Compass International, Inc., has been served this day upon counsel of record by United States first class mail, postage prepaid, addressed as follows: David R. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High St. Carlisle, PA 17013-3015 Attorneys for Pemfo Packaging Co., Inc. Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA, 17043 Attorneys for Compass International, Inc. 7b' 3'rhol ALBRUNE:R & T H, PC. Date: 6August 2005 By: at? Peterli s re/W Attorneys for Plaintiff Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire Attorney ID No. 84180 1013 Mumma Road, Suite 100 I Pmown-P PA 17043 (717) 731-9600 (717) 731-9627 facsimile a.peterlin @qateslawfirm.com Attorneys for Plaintiff COPY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. NO. 04-302.7 PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. CIVIL ACTION - LAW PLAINTIFF'S SECOND SET OF INTERROGATORIES TO DEFENDANT, COMPASS INTERNATIONAL, INC. PLEASE TAKE NOTICE that Defendant, Compass International, Inc. is required, pursuant to Pa.R.Civ.P. 4005, to serve upon the undersigned an original of Defendant's answers and objections, if any, in writing and under oath, to the following interrogatories within thirty (30) days after the service of this document. A. GENERAL INSTRUCTIONS 1. The General Instructions set forth in Plaintiff's First Set of Interrogatories To Defendant, Compass International, Inc. ("Interrogatories") are incorporated herein by reference as though set forth in full. B. DEFINITIONS 1. The Definitions set forth in Plaintiff's Interrogatories are incorporated herein by reference as though set forth in full. INTERROGATORIES Identify the name and address of the person answering these interrogatories and identify the name and address of each and every person with whom you consulted, upon whom you relied, or who otherwise constituted a source of information for you in connection with the preparation of your answer to these interrogatories, setting forth for each person the number(s) of the interrogatories to which he or she helped to answer or with respect to which the or she was consulted, relied upon, or otherwise constituted a source of information. 2. State whether you made sufficient inquiry of your agents, servants, employees, representatives, and other persons in your control, and have you examined 2 all the documents relating to this matter so that you are able to answer these interrogatories completely and accurately. 3. State whether the Screws you import and distribute have ever been produced or supplied with any identification marking(s) or la.bel(s) placed on or affixed to the product or its packaging, and, if so, set forth the marking or label's content including any identification number or code, describe in detail the information the number or code provided and any key used to determine what information the number or code provided. 3 4. State whether PEMFO has engaged in marketing, distributing, selling or otherwise supplying Screws you import and distribute and, if so, describe in detail each artivity PPhAFh hnc ennanart in With roenari to such marketinn rlictrihi finn Sailing ()r --y ngged otherwise supplying Screws you import and distribute. 5. State whether prior to August 1, 2002, the Screws you import and distribute were sold or supplied with any accompanying instructions and, if so, state when the instructions were formulated, who formulated them, why they were formulated and set forth the content of such instructions. 4 6. State whether after August 1, 2002, the Screws you import and distribute were sold or supplied with any accompanying instructions and, if so, state when the instructions were formulated, who formulated them, why thc,v were form..illated a.n.d set forth the content of such instructions. 7. Regarding the Screws you import and distribute, state whether any governmental regulation or standard, any organization's standard or recommended practice or procedure, or any internal standard or recommended practice or procedure was applied or adhered to with respect to: (a) the design or engineering; (b) the manufacture or production; (c) the packaging and/or labeling; (d) any instructions supplied with or issued for the Screws; (e) the marketing, distribution, sale or supply; and/or (f) any design, engineering, manufacturing, production, testing or performance specifications. 5 8. If you answered the preceding interrogatory in the affirmative, for each such regulation, standard or recommended practice or procedure: (a) identify the entity that promulgated the regulation, standard or recommended practice or procedure; (b) state the citation, title, name and/or number and effective date of the regulation, standard or recommended practice or procedure; and (c) describe in detail how the regulation, standard or recommended practice or procedure was applied or adhered to. 9. For one year preceding August 1, 2002, describe in detail your system or procedure for determining: (a) whether the Screws you import and distribute complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) whether the Screws you import and distribute complied with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standard or recommended practice or procedure. 6 10. Regarding any system or procedure described by you in answer to the preceding interrogatory, state when it was implemented, why it was implemented, how it was implemented, which division of Compass was responsible for its implementation, and which employees were responsible for its implementation. 11. For one year subsequent to August 1, 2002, describe in detail your system or procedure for determining: (a) whether the Screws you import and distribute complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) whether the Screws you import and distribute complied with any governmental regulations or standards, any organization's standards or 7 recommended practices or procedures, or any internal standard or recommended practice or procedure. 12. Regarding any system or procedure described by you in answer to the preceding interrogatory, state when it was implemented, why it was implemented, how it was implemented, which division of Compass was responsible for its implementation, and which employees were responsible for its implementation. 13. For one year preceding August 1, 2002, describe in detail any determinations you made concerning whether the Screws you import and distribute: (a) 8 complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) complied with any governmental regulations or r. Nd i..?.. standards, any organ i7Ation'c .., standards or rannman lad practices or nrnr`..A....reC, or any internal standards or recommended practices or procedures. 14. Regarding any determinations described by'you in answer to the preceding interrogatory, (a) state what the determination was; (b) state when it was made; (c) state how it was made; (d) state why it was made; and (e) identify each person or entity involved. 9 15. For one year subsequent to August 1, 2002, describe in detail any determinations you made concerning whether the Screws you import and distribute: (a) cnmpliori With any applicable design engineering, manufacturing testing or performance specifications; (b) complied with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standards or recommended practices or procedures. 16. Regarding any determinations described by you in answer to the preceding interrogatory, (a) state what the determination was; (b) state when it was made; (c) state how it was made; (d) state why it was made; and (e) identify each person or entity involved. 10 17, Regarding the Screws you import and distribute, identify any and all nrmmotional nr infnrmatinnal materials issued by you from January 1 90)01 until the present including, but not limited to, the content of the materials, when it was created, who created it, when it was issued, for whom they were issued and how they were distributed. 18. State whether any consideration was given - at the time the Screws were designed, imported or distributed - to any potential adverse change the Screws might undergo over time. 11 19. If you answered the preceding interrogatory in the affirmative, describe in detail the nature of the change and state who had overall responsibility for identifying the change, what means were used to identify the change, and what steps were taken to eliminate or minimize the likelihood of the change. 20. With respect to the selection of the material which was used in the manufacture of the Screws you import and distribute, state its common or trade name, identify its chemical composition and describe in detail the reason that it was chosen. 21. From January 1, 2001 to the present, identify all the persons or entities 12 who supplied you with Screws you import and distribute. 22. For each of the persons or entities you identified in the preceding interrogatory state when they began supplying Screws to you and, if applicable, when and why they ceased doing so. 23. Identify each document having information requested in these interrogatories. 13 24. Identify each person having information requested in these interrogatories including the company or business they are employed by or associated with, their job title or position, their business address, their business telephone number and their relationship to you. GATES, HALBRIUNER & HATCH, P.C. Date: March 10, 2005 By: ; . Albe N. Pe Perlin, E quir Attorneys for Plaintiff 14 CERTIFICATE OF SERVICE I, Jeffrey L. Shaffer, Legal Assistant hereby certify that the original or a true and correct copy of the foregoing Plaintiff 'S ,ciecvnu Sct of inter rVgatViles t0 ?Ululluoift, Compass International, Inc., has been served this day upon counsel of record by United States first class mail, postage prepaid, addressed as follows: David A. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East Hioh St. Carlisle, PA 17013-3015 Attorneys for Pemfo Packaging Co., Inc. (copy) - and - Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Compass International, Inc. (Original) GATES, HALBRUNER & HATCH, P.C. Date: March 10, 2005 By: ?- Je ey L. Shaffer, egal Assistant Attorneys for Plail ff Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (717) 731-9627 facsimile a.lpeterlin@qateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. NO. 04-3027 PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. CIVIL ACTION - LAW PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, COMPASS INTERNATIONAL, INC. PLEASE TAKE NOTICE that the Defendant, Compass International, Inc. is required, pursuant to Pa.R.Civ.P. 4009.12, to serve upon the undersigned an original of Defendant's answers and objections, if any, in writing and under oath, to produce for inspection and copying the following documents and tangible things in the manner and time prescribed by the aforesaid rules. A. GENERAL INSTRUCTIONS 1. The General Instructions set forth in Plaintiff's First Set of Interrogatories To Defendant, Compass International, inc. ("interrogatories') are incorporated herein by reference as though set forth in full. B. DEFINITIONS 1. The Definitions set forth in Plaintiff's Interrogatories are incorporated herein by reference as though set forth in full., DOCUMENT REQUESTS 1. Any and all documents identified in response to Plaintiff's Second Set of Interrogatories to Defendant, Compass International, Inc. ("Second Interrogatories"). 2. Any and all documents which you reviewed, relied upon, made use of, or to which you referred in responding to the Second Interrogatories. GATES, HALBRUNER & HATCH, P.C. / IT Date: March 10, 2005 By: Albert N. Pe erlin, Esquire Attorneys for Plaintiff 2 CERTIFICATE OF SERVICE I, Jeffrey L. Shaffer, Legal Assistant, hereby certify that the original or a true and ...opNy y of the t...,.,...;.,,. ohl.,f;ff'c Qnrnnrl Qnnrraet fnr Prnri ctinn of Documents to correct copy of u the iun c 11 iy . ,un i .,. ? ..,,y...,.,...,, Defendant, Compass International, Inc., has been served this day upon counsel of record by United States first class mail, postage prepaid, addressed as follows: David A. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High St. Carlisle, PA 17013-3015 Attorneys for Pemfo Packaging Co., Inc. (copy) -and- Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Compass International, Inc. (Original) GATES, HALBRUNER & HATCH, P.C. Date: March 10, 2005 B J rey L. Shaff Legal Assistant Attorneys for Plaintiff LAW OFFICES OF GATES, HALBRUNER Sz HATCH, P.C. LOWELL R. GATES, LL M. LL M. In Taxation Also Admitted to Massachusetts Bar MARK E. HALBRUNER Also Admiloo to New Jersey Bar CRAIG A. HATCH, CELA Certified as an Elder Law Attorney by the National Elder Law Foundation CORY J. SNOOK ALBERT N. PETERLIN Also Admitted to Maryland Bar CLIFTON R. GUISE Also Admilled 1o W.dice before the U.S. Patent & Trademark Office 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 May 2, 2005 BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 17044 (717) 2486909 WEB SITE: wwmGatesLawFirm.com CORRESPONDENCE ADDRESS: Lemoyne Office STACEY L MACE Paralegal/Office Manager TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal VIA FACSIMILE Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, Pennsylvania 17043-1145 RE: Dana G. Gross t/d/b/a Mid-State GutterPro v. Pemfo Packaging Co., Inc. and Compass International, Inc. Civil Action No. 04-3027 Cumberland County, CCP Dear Dennis: Plaintiff's Second Set of Interrogatories to Defendant, Compass International, Inc. and Plaintiffs Second Request for Production of Documents to Defendant, Compass International, Inc. were served on March 10, 2005. Responses were due on April 11, 2005 but have not been provided. Please provide full and complete responses within 10 days. In the alternative, Plaintiff will file a motion to compel. Pursuant to Local Rule 208.2(d), please advise whether Compass International, Inc. concurs in this motion. If a written response is not received within 10 days, the undersigned will interpret it as a response in the negative. I look forward to hearing from you. By: ANP:jls cc: Dana G. Gross (via U.S. first class mail) David A. Fitzsimons, Esquire & David R. Galloway, Esquire PLL6iPiE tE?PL" tl.u 2R2 p51p Q )!q!4X3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, CASE NUMBER: 04-3027 ISSUE NUMBER: Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., PLEADING: Answers to Plaintiff's Second Set of Interrogatories Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: Compass International, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa.ID# 34329 CIPRIANI & ' ERNER, P.C. 1017 Mumma Road Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, CASE NO: 04-3027 Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants JURY TRIAL DEMANDED COMPASS INTERNATIONAL, INC.'S ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORIES Robert Wilkinson Ronald Farrell 2. Yes 3. No markings on screws. Packaging includes our name brand and purchase order number. 4. PEMFO has purchased screws from Compass. Please check with PEMFO regarding their procedures. 5. No instructions included. 6. No instructions included. a. Screw designed by manufacturer as a standard part. b. Compass is not involved in the production of the screw. C. Standard packaging and labeling. d. No instructions included. C. None. f. Compass tests the performance and dimensions to tapping screw standards. 8. Compass uses tapping screw standards from the IFI book. 9. Tapping screw standards from the IFI book. 10. See IFI standards for tapping screws. 11. See answer to interrogatory 10. 12. Implemented in 1994. Implemented to ensure IFI standards. 13. a. Yes L). ICS 14. a-e Refer to the IFI book for tapping screws. 15. Refer to the IFI book for tapping screws. 16. See answer to interrogatory 15. 17. Refer to Compass brochures. 18. Not applicable. 19. Not applicable. 20. Refer to the IFI standards for tapping screws. 21. Various Taiwan factories. 22. Compass has purchased Taiwan screws for many years from the various factories. 23. Refer to the IFI book, "Tapping Screws". 24. Various Compass and factory personnel. submitted, 1WERNER. P.C. BY: ?l IS . BONETTI, ESQUIRE tomey for the Defendant Compass International, Inc. V14CRIFICATION I hereby affirm that the following facts are correct: COMPASS INTERNATIONAL, INC, is a Defendant in the foregoing action. The attached Answers to Second Set of Interrogatories is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answers to Second Set of Interrogatories is that of counsel and not of me. I have read the Answers to Second Set of Interrogatories and to the extent that the Answers to Second Set of Interrogatories is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answers to Second Set of Interrogatories is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answers to Second Set of Interrogatories is made: subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: q S V Authorized Representative of Compass International, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, Compass International, Inc., hereby certifies that a true and correct copy of its Answers to Plaintiff's Second Set of Interrogatories has been served on all counsel of record, by first class mail postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the J -_ day of _'2005. Albert Peterlin Gates, Halbruner & Hatch 1013 Murnma Road Suite 100 Lemoyne, PA 17043 David A. Fitzsimons Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Respectfully submitted, P.C. BY: J. BONETTI, ESQUIRE for the Defendant International, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing CASE NUMBER: 04-3027 business as MID-STATE GUTTERPRO, ISSUE NUMBER: Plaintiff V. PLEADING: PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Responses to Plaintiff's Second Request for Production of Documents Defendants CODE AND CLASSIFICATION: FILED ON BEHALF OF: Compass International, Inc., Defendants. COUNSEL OF RECORD: DENNIS J. BONETTI, ESQUIRE Pa. ID## 34320 CIPRIANI & WERNER, P.C. 1017 Mumma Road Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, CASE NO: 04-3027 Plaintiff V. PEMFO PACKAGING CO., INC. and r V*V11 AUU INTERNATIONAL, INC., Defendants JURY TRIAL DEMANDED COMPASS INTERNATIONAL. INC.'S RESPONSES TO PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS See Answers to Interrogatories. 2. See Answers to Interrogatories. P.C. BY: J. BONETTI, ESQUIRE for the Defendant International, Inc. VERIFICATION I hereby affirm that the following facts are correct: COMPASS INTERNATIONAL, INC, is a Defendant in the foregoing action. The attached Response to Second Request for Production of Documents is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Response to Second Request for Production of Documents is that of counsel and not of me. I have read the Response to Second Request for Production of Documents and to the extent that the Response to Second Request for Production of Documents is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Response to Second Request for Production of Documents is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Response to Second Request for Production of Documents is made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Dated: Authorized Representative of Compass International, Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, Compass International, Inc., hereby certifies that a true and correct copy of its Responses to Plaintiff's Second Request for Production of Documents has been served on all counsel of record, by first class m il, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the I? day of {n` l _'2005. ?-{ Albert Peterlin Gates, Halbruner &`Hatch IOI3 A1111MM Road Suite 100 Lemoyne, PA 17043 David A. Fitzsimons Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Respectfully submitted, WERNER, P.C. BY: 14 VVI D IS J. BONETTI, ESQUIRE ttomev for the Defendant Compass International, Inc. N ". C'3 1 r Gates, Halbruner & Hatch, P.C. By: Albert Nicholas Peterlin, Esquire PA 84180 1013 Mumma Road Suite 100 Lemoyne, Pennsylvania 17043-1144 (717) 731-9600 telephone (717) 731-9627 telecopier a.peterlin@qateslawfirm.com www.gateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., CIVIL ACTION - LAW NO. 04-3027 PLAINTIFF'S SECOND MOTION TO COMPEL DISCOVERY FROM DEFENDANT, PEMFO PACKAGING CO., INC. Plaintiff, Dana G. Gross ("Mr. Gross" or "Plaintiff") trading and doing business as Mid-State GutterPro, by and through his attorneys, Gates Halbruner & Hatch P.C., hereby moves the Court to enter an Order pursuant to Pa.R.C.P. Nos. 4006 and 4009.12 compelling Defendant, Pemfo Packaging Co., Inc. ("Pemfo Co.") to fully and completely respond to certain written discovery requests propounded on Pemfo Co. by Mr. Gross in this matter. In support of this motion, Plaintiff avers as follows: 1. On September 20, 2004, Mr. Gross served Plaintiff's First Set of Interrogatories to Defendant, Pemfo Packaging Co., Inc. ("Interrogatories") and Plaintiffs First Request for Production of Documents to Defendant, Pemfo Packaging Co., Inc. ("Document Requests") on Pemfo Co.. A true and correct copy of the Interrogatories and Document Requests are attached hereto as Exhibits "A" and "B" respectively and incorporated herein by reference as though set forth in full. 2. Pursuant to Pa.R.C.P. No. 4006(a)(2), Pemfo Co.'s responses and objections, if any, to the Interrogatories were due on or before 20 October 2004. 3. Pursuant to Pa.R.C.P. No. 4009.12(a), Pemfo Co.'s responses and objections, if any, to the Document Requests were due on or before 20 October 2004. 4. Pemfo Co. did not provide responses on or before 20 October 2004. 5. Instead, Counsel for Pemfo Co. forwarded a letter dated 27 October 2004 to Counsel for Mr. Grosss objecting to the number of interrogatories pursuant to Local Rule 4005-1. A copy is attached as Exhibit "C" and incorporated by reference. 6. On 29 October 2004, Counsel for Mr. Gross responded to the letter referenced in the preceding paragraph requesting Pernfo Co. agree to waive the restriction and answer the discovery requests within 60 days from the date they were served on Pemfo Co.. A copy is attached as Exhibit "D" and incorporated by reference. 2 7. On November 4, 2004, Counsel for Perrifo Co., David A. Fitzsimons agreed to respond to all of the Interrogatories despite the fact they exceeded forty (40) in number as limited by Local Rule 4005.1. 8. On November 5, 2004, Counsel for Mr. Gross memorialized this agreement in writing and served the same upon Counsel for Pemfo Co.. A copy is attached as Exhibit "E" and incorporated by reference. 9. Pemfo Co. did not provide timely responses or objections to the discovery requests. 10. On 11 March 2005, Mr. Gross filed a motion to compel. 11. On 1 April 2005, Pemfo Co. served answers, objections, and documents on Mr. Gross in response to the Discovery, Requests. A copy of the responses are attached as Exhibits "F" and "G," respectively, and incorporated by reference. 12. Despite agreeing to extend the number of interrogatories past the limit identified in Local Rule 4005-1, Counsel for Mr. Gross objected to the number of interrogatories pursuant to Local Rule 4005-1. The objection was waived due to Pemfo Co.'s express agreement to do just that. 13. The responses were unverified by Pernfo Co. and substantially incomplete, insufficient, and/or contradictory, and the objections unsupportable, invalid or untenable. As a result, Counsel for Mr. Gross forwarded a letter dated 6 April 2005 to Counsel for Pemfo Co. regarding the same. A copy of the letter is attached as Exhibit "H" and incorporated by reference. 3 14. Pemfo Co. represented to Counsel for Mr. Gross that a supplemental response would be provided within 15 clays. 15. Mr. Gross did not receive a supplemental response within 15 days. As a result, on 2 May 2005, Counsel for Mr. Gross forwarded a letter requesting responses or the concurrence of Pemfo Co. pursuant to Local Rule 208.2(d). 16. On 11 May 2005, Pemfo Co. provided supplemental answers, objections, and documents, purportedly satisfying the inadequacy of the initial responses provided. A copy of the supplemental responses are attached as Exhibits "I" and "J," respectively, and incorporated by reference. 17. Despite agreeing to extend the number of interrogatories past the limit identified in Local Rule 4005-1, Counsel for Mr. Gross objected to the number of interrogatories pursuant to Local Rule 4005-1. The objection was waived due to Pemfo Co.'s express agreement to do just that. 18. The supplemental responses were substantially non-responsive, ambiguous, insufficient, incomplete and/or contradictory, and the objections unsupportable, invalid or untenable. As a result, Counsel for Mr. Gross forwarded a letter dated 13 May 2005 to Counsel for Pemfo Co. regarding the same. A copy of the letter is attached as Exhibit' K" and incorporated by reference. 19. Specifically, Pemfo Co. admits that it mailed directly to Mr. Gross certain brochures, pamphlets and other marketing or sales documents. Pemfo Co.'s Answer, ¶16. 4 20. No. 32 of Mr. Gross' Interrogatories and Nos. 19-21 of Mr. Gross' Document Requests relate to the production of brochures, pamphlets and other marketing or sales documents. See Exhibits "A" and "'B." Despite admitting in its answer that it forwarded such documents to Mr. Gross, Pemfo Co. has failed to identify or produce such documents. See Exhibits T" and "G." 21. Pemfo Co. has provided unsupportable objections and/or non- responsive, ambiguous, insufficient, incomplete and/or contradictory supplemental responses to the Interrogatories: a. No. 13 where the objection is not supportable and the answer non-responsive and contradictory to supplemental responses to nos. 19-21; b. No. 14 where the objection is not supportable and the answer non-responsive and contradictory to supplemental responses to nos. 19-21; C. No. 18 where the objection is not supportable and the answer non-responsive and contradictory to supplemental response to nos. 22-31 where Pemfo Co. asserts it is a "distributor of screws"; d. No. 22 where the answer is non-responsive due to Pemfo Co. not stating whether or not regulations, standards, practices, procedures were adhered to, and incomplete due to Pemfo Co. failing to address subpart (c); 5 e. No. 32 where the answer contradicts the express clear and unambiguous admission Pemfo Co. made in its verified Answer and response to ¶16 of the Complaint and is therefore non-responsive; f. No. 33 where the objection is not supportable and the answer is non-responsive; and g. No. 50 where the answer is non-responsive. 22. Pemfo Co. has provided unverified, unsupportable objections and/or substantially non-responsive, ambiguous, insufficient, incomplete and/or contradictory initial responses to the Interrogatories as follows: a. No. 3 is insufficient; b. No. 5 is non-responsive and ambiguous due to Pemfo Co.'s failure to identify which states in the "northeast" it does business in; C. No. 8 is non-responsive; d. No. 12 is contradictory regarding ;subpart (c) when compared to supplemental response to No. 17 and non-responsive and further contradictory regarding subpart (d) when compared to Pemfo Co.'s Answer to ¶9 of the Complaint and its supplemental responses to Nos. 22- 31 ("Answer Defendant is a distributor of screws."); e. No. 42 is non-responsive; f. No. 43 is non-responsive; g. No. 54 where the objection is not supportable and the response is non-responsive; and 6 h. No. 58 where the response contradicts the express clear and unambiguous admission Pemfo Co. made in its verified Answer and response to 117 of the Complaint and is therefore non-responsive. 23. Pemfo Co. has provided unsupportable objections and/or fails to produce discoverable documents in response to the Document Requests: a. No. 7 is non-responsive and no documents produced; b. No. 16 where the objection is not supportable as to any third- party except for Counsel for Pemfo Co. and no responsive documents have been produced; C. No. 17 where the objection is not supportable as to any third- party except for Counsel for Pemfo Co. and no responsive documents have been produced; d. No. 19 where the response contradicts the express clear and unambiguous admission Pemfo Co. made in its verified Answer and response to ¶16 of the Complaint and no responsive documents have been produced; and e. No. 20 where the objection is not supportable and the response contradicts the express clear and unambiguous admission Pemfo Co. made in its verified Answer and response to 116 of the Complaint and no responsive documents have been produced. 24. Pursuant to Pa.R.C.P. No. 4019(a)(1)(i), the Court may compel Pemfo Co. to fully respond to the Discovery Requests. 7 REQUEST FOR RELIEF Plaintiff, Dana G. Gross trading and doing business as Mid-State GutterPro, requests the Court enter an Order pursuant to Pa.R.C.P. No. 4019(a)(1)(i) granting this Motion and directing Pemfo Co. to provide verified full and complete answers, without objection, and documents responsive to the Discovery Requests within twenty (20) days of the entry of such Order or appropriate sanctions shall be imposed upon Pemfo Co. following application to the Court. GATES,,HALBRUNER & FjA-TbH, P.C. r , 1 Date: 5 August 2005 By: S41t3@rf N.`Pef?3rl(n, squ' e Attorneys for Plaintiff 8 CERTIFICATE OF SERVICE I, Albert Nicholas Peterlin, Esquire, hereby certify that, at my direction, a true and correct copy of the foregoing Plaintiff's Second Motion to Compel Discovery from Defendant, Pemfo Packaging Co., Inc., has been served this day upon counsel of record by United States first class mail, postage prepaid, addressed as follows: David R. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High St. Carlisle, PA 17013-3015 Attorneys for Pemfo Packaging Co., Inc. Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Compass International, Inc. GATES, HALBRUNER & A H, P.C. Date: 5 August 2005 By: a erlin, Es i Attorneys for Plaintiff Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (717) 731-9627 facsimile a.ipeterlin@qateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. NO. 04-3027 CIVIL ACTION - LAW PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT, PEMFO PACKAGING CO., INC. PLEASE TAKE NOTICE that Defendant, PEMFO Packaging Co., Inc. is required, pursuant to Pa.R.Civ.P. 4005, to serve upon the undersigned an original of Defendant's answers and objections, if any, in writing and under oath, to the following interrogatories within thirty (30) days after the service of this document. A. GENERAL INSTRUCTIONS These interrogatories are continuing in character so as to require the answering person to serve supplemental answers if the answering person obtains further or different information prior to trial. Such supplemental answers may be served from time-to-time but, in any event, not later than fifteen (15) days after such information is received. 2. Each interrogatory is to be answered separately and as completely as possible. The fact that investigation is continuing or that discovery is not complete shall not be used as an excuse for failure to answer each interrogatory as fully as possible. The omission of any name, fact or other item of information from the answers shall be deemed a representation that such name, fact or item is not known to the answering person, their counsel or other representative at the time of service of the answers. 3. If the answering person contends that any of the information demanded by any of these interrogatories is privileged, set forth, with regard to all such information, the following: a. the nature of the privilege asserted; b. the subject matter to which the claim of privilege relates; C. in the case of information other than documents, the name(s) of the person(s) from whom such information was obtained and the name(s) of any person(s) to whom such information was communicated; d. in the case of a document: the date(s) on which it was produced and, if different, the date(s) on which it was transmitted, distributed or otherwise provided to each person to whom it was transmitted, distributed or otherwise produced; 2 ii. the full name(s), address(es) and title(s) of the document's author(s) and address(es); iii. the full name(s), address(es) and title(s) of all persons who received a copy of the document including, without limitation, all persons who received a blind copy of the document; iv. the nature of the document (i.e., whether it is a letter, memorandum, tape, disk, etc.); and v. the title of the document, if any. 4. The word "state" when used in these interrogatories shall require, in addition to the recitation of each fact requested: a. identification of your source(s) of information concerning such fact, including the date on which you first received such information; b. identification of each document relating to, referring to or evidencing such fact; C. specification of each document which you intend to offer in evidence to prove, or with respect to, such fact; and d. identification of each person so identified whom you intend to call as a witness to testify concerning such fact. 5. In answering the interrogatories, furnish such information as is available to you, not merely such information as is of your own personal knowledge. This means that the answering person is to furnish information which is known by or in the possession of its employees, representatives or agents including, without limitation, its attorney(s). 3 6. Do not incorporate by reference facts contained in documents or publications. Specify the precise facts, allegations, names, etc., called for by the interrogatories, regardless of whether the same are set forth elsewhere. 7. In answering the interrogatories, words used in the singular shall include the plural and words used in the plural shall refer to the singular as well. Gender is to be wholly disregarded, the neuter referring to the male and the female and the male referring to the female and the neuter. 8. If, in answering any of the interrogatories, any ambiguity in construing either the interrogatory or a definition or instruction relevant to the inquiry contained within the interrogatory encountered, the answering person is to identify the matter deemed ambiguous and set forth the construction chosen or used in answering the interrogatory. 9. Whenever any objection is made to any numbered or lettered paragraph or subparagraph of any interrogatory, an answer shall be furnished to any other numbered or lettered paragraph or subparagraph of such interrogatory as to which there is no objection. B. DEFINITIONS 1. As used herein, the term "document" includes written, printed, typed, recorded or graphic matter, however produced or reproduced including, without limitation, correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, telephone messages, analyses projections, indices, work papers, studies, surveys, diaries, calendars, films, photographs, minutes of meetings or any other writing (including copies of any of the 4 foregoing, regardless of whether you are now in possession, custody or control of the original) now in your possession, custody or control or in the possession, custody or control of your former or present counsel, agents, employees or any other person acting on their behalf. 2. When used in reference to any oral communication, "identify", "identification" or "describe" means to state: a. the identity of the person(s) by whom it was made; b. the identity of the person(s) to whom it was made; C. the date or best approximate date said oral communication was made; d. the substance of the oral communication; and e. the identification of each document referring to or otherwise pertaining to such oral communication, including, but no limited to, any notes, summaries, tape recordings, transcripts, or any other memorialization or summarization of said oral communication. 3. As used herein, the term "person" or "persons" includes an individual, partnership, corporation or other profit or non-profit business association or entity or any governmental agency, department or unit. A request to "identify" a person shall require setting forth: a. his, her or its full name; b. the last known personal residence and business addresses of a natural person or the principal business or other address of any other person; C. in the case of natural persons, the name and address of his or her 5 employer within the period to which these interrogatories refer; and d. in the case of natural persons, each job title, job description or job classification applicable to his or her employment at all times relevant to this litigation. 4. When used in reference to a document, the words "identify", "identity", "identification" or "describe" mean to state: a. the date appearing on such document or, if no date so appears, to so state and to give the date or best approximate (fate on which such document was prepared; b. the type of document (e.g., letter, correspondence, note, memorandum, telegram, cable, sound recording, drawing, photograph, data card, data printout, etc.); C. the identity of every author, whether :such person signed the document or not; d. the identify of every person to whom such document was addressed, as well as every person who received such document or any copy thereof; e. the identity of every person having or having had possession, custody or control of such document; and f. a description of the contents of the document. 5. The phrase "describe in detail" shall require, in the case of an act, transaction, relationship, thing or occurrence: a. a full description of such act, transaction, relationship, thing or 6 occurrence by reference to underlying facts rather than to ultimate facts or conclusions of fact or law, including complete references to (i) date(s), (ii) place(s), (iii) person(s) involved, and (iv) manner or means employed; b. identification of answering person's source(s) of information concerning such act, transaction, relationship, thing or occurrence, including the date on which the answering party received such information; C. identification of each document relating to, referring to or evidencing such act, transaction, relationship, thing or occurrence; and d. identification of each person having knowledge of such act, transaction, relationship, thing or occurrence. 6. The phrase "state each fact" shall require, in addition to the recitation of each such fact: a. identification of the answering party's source(s) of information concerning such fact, including the date on which the answering party first received such information; b. identification of each document relating to, referring to or evidencing such fact; and c. identification of each person having knowledge of such fact. 7. As used herein, the term "Compass" means the defendant, Compass International, Inc., and its parent companies or corporations, holding companies or corporations, subsidiaries, sister corporations, directors, officers, employees, representatives, agents, servants, counsel, investigators and/or consultants. 8. As used herein, the term "You" or "PEMFO" rneans the defendant, 7 PEMFO Packaging Company, Inc., and its parent companies or corporations, holding companies or corporations, subsidiaries, sister corporations, directors, officers, employees, representatives, agents, servants, counsel, investigators and/or consultants. 9. As used herein, the term the "Defective Screws" means the approximately four thousand (4,000) construction fasteners that are the subject of this action and which were purchased from PEMFO in or about August, 2002 and commonly identified as number eight (#8), one and one-half inch (1 1/2"), one quarter inch (1/4") hex washer head sheet metal screws. 10. As used herein, the term "Screws" means construction fasteners commonly identified as number eight (#8), one and one-half inch (1 1/2"), one quarter inch (1/4") hex washer head sheet metal screws. INTERROGATORIES 1. Identify the name and address of the person answering these interrogatories and identify the name and address of each and every person with whom you consulted, upon whom you relied, or who otherwise constituted a source of information for you in connection with the preparation of your answer to these interrogatories, setting forth for each person the number(s) of the interrogatories to which he or she helped to answer or with respect to which he or she was consulted, relied upon, or otherwise constituted a source of information. 8 2. State whether you made sufficient inquiry of your agents, servants, employees, representatives, and other persons in your control, and have you examined all the documents relating to this matter so that you are able to answer these interrogatories completely and accurately. 3. State when PEMFO was incorporated. 4. Identify the state or jurisdiction within which PEMFO was first incorporated (If PEMFO has since been incorporated under the laws of any other state or jurisdiction, please identify them, together with the date upon which PEMFO was incorporated in such other state or jurisdiction). Identify any state or jurisdiction within which PEMFO transacts business. 6. Identify any state or jurisdiction within which PEMFO has a foreign certificate of authority to transact business. 10 7. State the business purpose for which PEMFO was incorporated. 8. Identify each and every division of PEMFO, the names of such divisions, the date upon which each division was formed, the date upon which any division ceased to do business and the purpose for or business engaged in of each such division. 11 9. State the places (address, city, state and zip code) where PEMFO maintains its principle office, any other offices and any facilities and identify whether it is the principle office, other offices or facilities. 10. Describe in detail the business of PEMFO including a description of the products that it sells or the services that it provides. 11. Identify the relationship between Compass and PEMFO and, if the relationship is contractual, identify all documents which relate to the contractual relationship. 12 12. Identify the following activities which you have ever engaged in: (a) designing or engineering Screws; (b) manufacturing or otherwise producing Screws; (c) packaging or labeling Screws; or (d) marketing, distributing, selling or otherwise supplying Screws. 13. State whether Compass ever marketed, distributed, sold or supplied any product to PEMFO at any time prior hereto. 13 14. State whether Compass marketed, distributed, sold or supplied Screws to PEMFO at any time prior hereto. 15. If you answered the preceding interrogatory in the affirmative, Identify the purchase or order date, purchase order or invoice, any identifying number for the transaction(s), shipping date, date of receipt and quantity of any Screws purchased by or supplied to you from Compass beginning January 1, 2001 up to and including December 31, 2002. 14 16. Identify the following information for the Screws: (a) the full brand name and/or trade name; (b) the full product name and/or number; (c) the full model name and/or number; (d) the full series name and/or number; and (e) any other name, number or designation used to identify the Screws you supply or sell, including, but not limited to, any name, number or designation which you have used internally to identify the Screws you supply or sell. 17. State whether the Screws you supply or sell have ever been supplied or sold by you with any identification marking(s) or label(s) placed on or affixed to the product or its packaging, and, if so, set forth the marking or label's content including any identification number or code, describe in detail the information the number or code provided and any key used to determine what information the number or code provided. 15 18. State whether at any time prior hereto you marketed, distributed, sold or supplied Screws obtained from Compass to any third-party and, if so, describe in detail each activity PEMFO has engaged in with respect to such marketing, distributing, selling or otherwise supplying Screws obtained from Compass. 19. State whether prior to August 1, 2002, the Screws obtained from Compass were sold or supplied with any accompanying instructions and, if so, state when the instructions were formulated, who formulated them, why they were formulated and set forth the content of such instructions. 16 21. State whether after August 1, 2002, the Screws obtained from Compass were sold or supplied with any accompanying instructions and, if so, state when the instructions were formulated, who formulated them, why they were formulated and set forth the content of such instructions. 22. Regarding the Screws obtained from Compass, state whether any governmental regulation or standard, any organization's standard or recommended practice or procedure, or any internal standard or recommended practice or procedure was applied or adhered to with respect to: (a) the packaging and/or labeling; (b) any instructions supplied with or issued for the Screws; (c) the marketing, distribution, sale or supply; and/or (d) any testing or performance specifications. 17 23. If you answered the preceding interrogatory in the affirmative, for each such regulation, standard or recommended practice or procedure: (a) identify the entity that promulgated the regulation, standard or recommended practice or procedure; (b) state the citation, title, name and/or number and effective date of the regulation, standard or recommended practice or procedure; and (c) describe in detail how the regulation, standard or recommended practice or procedure was applied or adhered to. 24. For one year preceding August 1, 2002, describe in detail your system or procedure for determining: (a) whether the Screws obtained from Compass complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) whether the Screws obtained from Compass complied with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standard or recommended practice or 18 procedure. 25. Regarding any system or procedure described by you in answer to the preceding interrogatory, state when it was implemented, why it was implemented, how it was implemented, which division of PEMFO was responsible for its implementation, and which employees were responsible for its implementation. 26. For one year subsequent to August 1, 2002, describe in detail your system or procedure for determining: (a) whether the Screws obtained from Compass complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) whether the Screws obtained from Compass complied 19 with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standard or recommended practice or procedure. 27. Regarding any system or procedure described by you in answer to the preceding interrogatory, state when it was implemented, why it was implemented, how it was implemented, which division of PEMFO was responsible for its implementation, and which employees were responsible for its implementation. 28. For one year preceding August 1, 2002, describe in detail any determinations you made concerning whether the Screws obtained from Compass: (a) 20 complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) complied with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standards or recommended practices or procedures. 29. Regarding any determinations described by you in answer to the preceding interrogatory, (a) state what the determination was; (b) state when it was made; (c) state how it was made; (d) state why it was made; and (e) identify each person or entity involved. 30. For one year subsequent to August 1, 2002, describe in detail any 21 determinations you made concerning whether the Screws obtained from Compass: (a) complied with any applicable design, engineering, manufacturing, testing or performance specifications; (b) complied with any governmental regulations or standards, any organization's standards or recommended practices or procedures, or any internal standards or recommended practices or procedures. 31. Regarding any determinations described by you in answer to the preceding interrogatory, (a) state what the determination was; (b) state when it was made; (c) state how it was made; (d) state why it was made; and (e) identify each person or entity involved. 22 32. Regarding the Screws you supply or sell, identify any and all promotional or informational materials issued by you from January 1, 2001 until the present including, but not limited to, the content of the materials, when it was created, who created it, when it was issued, for whom they were issued and how they were distributed. 33. State whether any consideration was given at the time you obtained the Screws and Defective Screws from Compass to any potential change they might undergo over time. 34. If you answered the preceding interrogatory in the affirmative, describe 23 in detail the nature of the change and state who had overall responsibility for identifying the change, what means were used to identify the change, and what steps were taken to eliminate or minimize the likelihood of the change. 35. State whether any consideration was given at the time you obtained the Screws and Defective Screws from Compass to any potential misuse they might be subject. 36. If you answered the preceding interrogatory in the affirmative, describe in detail the nature of the misuse and state who had overall responsibility for identifying the potential misuse, what means were used to identify the misuse, and what steps 24 were taken to eliminate or minimize the likelihood of the misuse. 37. Identify all documents not identified in your answers to previous interrogatories containing or describing any design, engineering, manufacturing, production, testing and/or performance specifications of the Screws. 38. Identify all drawings or other documents not identified in your answers to previous interrogatories depicting the design of the Screws. 25 39. State whether you know of any inspection, examination, test or analysis of the Screws or Defective Screws performed at any time and, if so, for each such inspection or test: (a) state the nature of the inspection, examination, test or analysis; (b) state who performed it and who had overall responsibility of it; (c) state when and where it was performed; (d) state how it was performed; (e) state why it was performed; and (f) state the results of the inspection, examination, test or analysis performed. 40. State whether before August 1, 2002 you received any complaint, notice or information concerning a defect or inadequacy in the Screws obtained from Compass or inadequacy in the Screws' design or manufacturing and, if so, (a) set forth the complaint, notice or information; (b) identify who you received it from; (c) state when you received it; (d) state how you received it; (e) identify each employee or representative of yours through whom you received it; and (f) describe in detail any 26 action, if any, you took in response to it. 41. State whether after August 1, 2002 you received any complaint, notice or information concerning a defect or inadequacy in the Screws obtained from Compass or inadequacy in the Screws' design or manufacturing and, if so, (a) set forth the complaint, notice or information; (b) identify who you received it from; (c) state when you received it; (d) state how you received it; (e) identify each employee or representative of yours through whom you received it; and (f) describe in detail any action, if any, you took in response to it. 42. Describe in detail how, if at all, you monitor and attempt to prevent or 27 minimize hydrogen embrittlement, hydrogen cracking, brittle fractures and other similar failures or defects in or corrosion of the Screws you obtain and, also, identify when you began doing so and who is responsible for it. 43. State whether you have formulated a quality control policy or method concerning the Screws you supply or sell, and, if so, state when it was formulated, identify who formulated it, state whether it was implemented, state when it was first implemented, state whether it is still being implemented, identify who was and is responsible for implementing it, and describe in detail how it was and is implemented. 44. identify each document having information requested in these 28 interrogatories. 45. Identify each person having information requested in these interrogatories including the company or business they are employed by or associated with, their job title or position, their business address, their business telephone number and their relationship to you. 46. Identify each person you intend to call as a witness trial. 29 47. Identify by name, home address and business address, each person who has been retained or specifically employed by you in anticipation of litigation or preparation for trial as an expert, whether or not such person is expected to be called as a witness at trial. 48. State the subject matter as to which each expert identified in answer to the preceding interrogatory has been retained or specially employed by you. 30 49. Identify any documents you intend to use as an Exhibit at trial. 50. Describe in detail the use or purpose for the Screws. 51. State all express warranties made for the Screws by Compass to you. 31 52. State whether Compass provided you with samples of the Screws prior to selling, supplying or otherwise transferring them to you. 53. State whether Compass advised you as to the purpose or use of the Screws and, if so, describe in detail the purpose or use advised to you. 54. State whether you relied on the skill or judgment of Compass to select or furnish suitable screws to your customers or clients and, lI so, describe in detail how you relied on the skill or judgment of Compass. 32 55. State whether Compass had reason to know of the particular purpose for which Plaintiff required the Screws and, if so, describe in detail the basis for your knowledge and the content. 56. State whether Compass had reason to know of the particular purpose for which you required the Screws and, if so, describe in detail the basis for your knowledge and the content. 33 57. State all express warranties made for the Screws by you to Plaintiff. 58. State whether you provided samples of the Screws you obtained from Compass to Plaintiff. 59. State all express warranties made by you to Plaintiff for the Screws you obtained from Compass. 34 60. State whether you advised Plaintiff as to the type of screw or construction fastener required for the purpose for which Plaintiff required them. GATES, HALBRUNER & HATCH, P.C. Date: September 20, 2004 By: Albert N. Peterlin, Esquire Attorneys for Plaintiff 35 Gates, Halbruner & Hatch, P.C. By: Albert N. Peterlin, Esquire Attorney ID No. 84180 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (717) 731-9627 facsimile a. Pete rlin Q cgateslawfi rm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. NO. 04-3027 PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. ------------------------------------------------------ x CIVIL ACTION - LAW PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT, PEMFO PACKAGING CO., INC. PLEASE TAKE NOTICE that the Defendant, Pemfo Packaging Co., Inc. is required, pursuant to Pa.R.Civ.P. 4009.12, to serve upon the undersigned an original of Defendant's answers and objections, if any, in writing and under oath, to produce for inspection and copying the following documents and tangible things in the manner and time prescribed by the aforesaid rules. A. GENERAL INSTRUCTIONS 1. The General Instructions set forth in Plaintiff's First Set of Interrogatories To Defendant, Pemfo Packaging Co., Inc. ("Interrogatories") are incorporated herein by reference as though set forth in full. B. DEFINITIONS 1. The Definitions set forth in Plaintiff's Interrogatories are incorporated herein by reference as though set forth in full. DOCUMENT REQUESTS Any and all documents identified in response to the Interrogatories. 2. Any and all documents which you reviewed, relied upon, made use of, or to which you referred in responding to the Interrogatories. 3. All correspondence between you and Compass regarding the purchase of Screws from January 1, 2001 until the present. 4. All correspondence between you and Compass regarding the Defective Screws, Plaintiff or the subject matter of this litigation. 5. All correspondence between you and Plaintiff regarding the Defective Screws, Plaintiff or the subject matter of this litigation. 6. All diaries, logs and journals prepared by you or in your possession, that refers, relates or pertains to Screws supplied or sold by Compass to you from January 1, 2001 until the present. 7. All documents upon which you intend to rely at trial. 8. Any and all correspondence between you and any party which relates to or refers to the Defective Screws, Plaintiff or the subject matter of this litigation. 9. Any and all statements concerning the facts or subject matter of this case 2 made by a party or its agents, servants, or by a witness, as defined by Pa.R.Civ.P. No. 4003.4. 10. Any and all documents containing the names and addresses of all individuals contacted as potential witnesses in this matter. 11. Any and all documents referring or relating to Plaintiff, the Defective Screws or the subject matter of this litigation. 12. All investigative reports, memoranda, interview summaries, notes, or similar documents which relate to the subject matter of this litigation, including but not limited to, items prepared by your insurers, investigators, attorneys or other similarly situated individuals. 13. All documents, including bills, invoices, orders or other similar records between you and Compass regarding Screws from January 1, 2001 until the present. 14. All documents, including bills, invoices, orders or other similar records between you and Plaintiff regarding Screws from January 1, 2001 until the present. 15. All letters, correspondence, notes, memoranda or similar documents that reflect, refer or relate to any written communications between you and Compass concerning Plaintiff, the Defective Screws or the subject matter of this litigation. 16. All letters, correspondence, notes, memoranda or similar documents that reflect, refer or relate to any written communications between you and any third-party, (including, but not limited to, any insurance company) concerning Plaintiff, the Defective Screws or the subject matter of this litigation. 17. All notes, memoranda, recordings or similar documents that reflect, refer or relate to oral communications between you, Compass or Plaintiff and any third-party 3 (including, but not limited to, any insurance company) concerning Plaintiff, the Defective Screws or the subject matter of this litigation. 18. All documents not otherwise specified herein upon which you rely to support your defenses set forth in Defendant, Pemfo Packaging Co., Inc.'s Answer to Plaintiff's Complaint with New Matter & New Matter Pursuant to Pa.R.C.P. 2252(d). 19. Any and all catalogs, brochures, pamphlets or other promotional materials you provided to Plaintiff at any time. 20. Any and all catalogs, brochures, pamphlets or other promotional materials you provide to your clients or customers regarding any of Compass' products from January 1, 2001 until the present. 21. Any and all catalogs, brochures, pamphlets or other promotional materials Compass provided to you from January 1, 2001 until the present. 22. Any and all instructions, manuals and similar documents you received from Compass regarding the Screws. 23. Any and all warranties you received from Compass regarding the Screws. 24. Any and all documents regarding the use or purpose of the Screws. 25. Any and all samples of Screws provided by Compass to you from January 1, 2001 until the present. GATES, HALBRUNER & HATCH, P.C. Date: September 20, 2004 By: Albert N. Peterlin, Esquire Attorneys for Plaintiff 4 T 0 I RTTSS OON DEARDORFF WILLIAMS P \ 1 • / J V M:V:: ATTORNEYS & COU NSELLORS AT LAW INFORMATION •ADVICE•ADVOCACY WILLIAM F. MARTSON CARL C. RISCH JOHN B. FOWLER III DAVID A. FITZSIMONS EDWARD L. SCHORPP DAVID R. GALLOWAY SO EAST HIGH STREET DANIEL K. DEARDORFF - ANTHONY T. LucIDO CARLISLE, PENNSYLVANIA 17013 THOMAS J. WILLIAMS* CHRISTOPHER E. RICE TELEPHONE (717) 243-3341 IVO V. OTTO III JENNIFER L. SPEARS FACSIMILE (717) 243-1850 GEORGE B. FALLER JR.* HILLARY A. DEAN INTERNET www.mdwo.com HOARD CERTIFIED CM L TRIAL SPECIALIST October 27, 2004 Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 RE: Dana G. Gross t/d/b/a Mid-State GutterPro v. PEMFO Packaging Co., Inc. and Compass International, Inc. No. 04-3027 Cumberland County C.C.P. Our File No. 11282.1 Dear Mr. Peterlin: I apologize for getting back to you at this late time period. I inadvertently attached your Interrogatories to an inappropriate subfrle and had overlooked their existence. In reviewing them for the first time, I note that you have posed 60 Interrogatories. Would you please advise of the 40 Interrogatories in accordance with Cumberland County rules that you would expect us to answer. I will expedite our response to those Interrogatories of course, and I thank you for your indulgence. If you have any questions, please teel free to contact me. Very truly yours, M\ ORFF WILLIAMS & OTTO Davrd A. Fitzsimons DAF/tde F\RLES\DATA E\GeneraACunend11282-1 V3 INFORMATION • ADVICE • ADVOCACY: SM QU IS1 TE L1GFl 1. 1.1 w10 .. a 3!q!4X3 LAW OFFICES OF GATES, HALBRUNER & HATCH, P.C. 1013 MU MMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 LOWELL R. GATES BRANCH OFFICE: Also AdmiHed to Massachusetts Bar 3 WEST MONUMENT SQUARE, SUITE 304 MARK E. HALBRUNER Also Admitted to New Jersey Bar LEWISTOWN, PA 17044 CRAIG A. HATCH (7171 248-6909 CORY J. SNOOK ALBERT N. PETERLIN WEB SITE: Also Admitted to Maryland Bar C N ISE October 29 2004 www.Gate9LawFirm.com LIFTO R. GU , STACEY L. NACE CORRESPONDENCE ADDRESS: ParalegaVOHice Manager Lemoyne Office TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal VIA FACSIMILE ONLY David A. Fitzsimons, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3015 RE: Dana G. Gross t/d/b/a Mid-State GutterPro v. Pemfo Packaging Co., Inc. and Compass International, Inc. Civil Action No. 04-3027 Cumberland County, CCP Dear Mr. Fitzsimons: I am in receipt of your letter dated October 27, 2004• regarding the number of interrogatories presented to you. Please be advised that at all times relevant hereto the undersigned has been aware of Local Rule 4005-1 regarding a limit to the number of interrogatories. However, I believe the interrogatories posed to Pemfo Packaging Co., Inc. ("Pemfo") are all necessary. As a result, I request you stipulate to answer all of the interrogatories propounded in accordance with Local Rule 4005-1. In the alternative, because all of the interrogatories are necessary to Plaintiffs case and relevant to this action, I will be forced to move the court to permit all the Interrogatories propounded on Pemfo in accordance with Local Rule 4005-1. If the Court denies my motion, I will then simply propound a second set of interrogatories upon you. If you object to a second set of interrogatories and the Court does not allow them, I will serve a subpoena duces tecum upon your corporate designee for their deposition. I am sure you see the point I am trying to make. You will further note that I have responded promptly and fully to informal discovery requests propounded upon Plaintiffs by Compass International, Inc. and which you were copied on, as required. I also agreed to provide Compass David A. Fitzsimons, Esquire Martson Deardorff Williams & Otto October 29, 2004 Page-2- International, Inc. sixty (60) days to answer similar discovery requests. Plaintiff would be pleased to do the same for you. It is my hope that we can address this matter in a reasonable and professional manner and avoid the necessity of unnecessarily litigatingi this matter. I look forward to hearing from you. Sincerely, GATF„S? HALBRIJNER &`HATCH , P.C. By: \J' `' f Albs . Pe i i ANP:khm cc: Dana G. Gross (via U.S. first class mail) Dennis J. Bonetti, Esq. LAW OFFICES OF GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717)731-9600• FAX: (717) 731-9627 LOW ELL R. GATES BRANCH OFFICE: Also Mrsitted to Massachusetts Be, 3 WEST MONUMENT SQUARE, SUITE 304 MARK E. HALBRUNER LEWISTOWN, PA 17044 Also Admitte0 to New Jersey Bar (7171248-6909 CRAIG A. HATCH CORY J. SNOOK ALBERT N. PETERLIN WEB SITE Also Admittetl to Maryland Bar www.GatesLawFirm.com CLIFTON R. GUISE STACEY L. NACE ParalegaVOllice Manager TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal TO: Telecopier Number: From: Date: David A. Fiitcimnnc Fenidra Martson Deardorff Williams & Otto (717) 243-1850 Albert N. Peterlin October 29, 2004 Total Number of Pages (including cover sheet): 3 CORRESPONDENCE ADDRESS: Lemoyne Office IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (717) 731-9600 MESSAGE: -------------------------------------------------------------------- -------------------------------------------------------------------- The information contained in this facsimile communication is confidential and intended only for the use of the person to whom it is addressed. Such information may be privileged and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent responsible for its delivery to the intended recipient, you are hereby notified that the reproduction, distribution or disclosure of any part of this communication, other than to the intended recipient, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original communication to us at our mailing address above by United States First Class Mail. -COMM. 'NAL- »;»<**»; *+*** **'k*»-k DnTE OCT-29-200 MODE = MEMORY TRANSMISSION START-OCT-29 15:37 FILE N0.=124 STN COMM. ONE-TOUCH/ STATION NAME/TEL NO, NO. ABBR NO. 001 OK s 2431850 ++ TIME 1538 *W****++ END=CCT-29 15:3P PAGES DURATION 003/003 OO:00;55 -GATES,HALBRNR.HATCH - 717 731 9627- LAW OFFICES OF GATES, HALBRUNER & HATCH, P.C. i013 MUMMA ROAD a SUITE 100 - LEMOYNE, PENNSYLVANIA 17043 (717) 731.9600 • FAX: (717) 7319627 LOWELL P. GATES A1R).HLM Mae,aaa,uFN?F Bar MARK E. NER A. il 0 Ni-Jwiry Bar CRAMs A. RATC4 ATCTI C?Y 1. SNOOK ALte ALBERT N. PETEAOx AW MMMbb MYyIeM Bal Gl1FTON R.GUSE STACEY L. WE PdlalaaaYGllll MMMW TRACILSEPKOYIc P.."m VALERIE LONG P..k" To: Telecopier Number: From: Date: David A. Fitulmons, Esquire Martson Deardorff Williams & Otto (717) 243-1850 Albert N. Peterlin October 29, 2004 Total Number of Pages (including cover sheet): 3 BRARCx OFFIGE'. 3WEST MOVDMENT SCIARE, 6L 3LM LELVIRTf ,M11U. OV1210-69 WEB SrtE wxw,GaIB6LBWFrtn.cIXn 60RRESPLW DENCE AO W LESS Larr A OBita IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (717) 731.9600 MESSAGE: The information contained in this facsimile communication is confidential and intended only for the use of the person to whom it is addressed. Such information may be privileged and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent responsible for its delivery to the intended recipient, you are hereby notified that the reproduction, distribution or disclosure of any pad of this communication, other than to the intended recipient, is strictly prohibited. It you have received this communication in error, please notify us immediately by telephone, and return the original communication to us at our mailing address above by United States First Class Mail. LAW OFFICES OF GATES, HALBRUNER &H.ATC ,, P.C. 1013 MU MMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 LOWELL R. GATES BRANCH OFFICE: Also Admittetl to Massachusetts Be, 3 WEST MONUMENT SQUARE SUITE 304 MARK E. HALBRUNER . LEWISTOWN PA 17044 Also Admitted to New Jersey Bar , (T17J248-69e9 9 CRAIG A. HATCH CORY J. SNOOK ALBERT N. PETERLIN WEB SITE Also Admitted to Maryland Bar Www.Gatesl-awFirm.com CLIFTON R. GUISE STACEY L. NACE Paralegal/Ollice Manager TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal TO: Telecopier Number: From: Date: nennig _I- Rnnafti Fennire Cipriani & Werner (717) 975-3846 Albert N. Peterlin October 29, 2004 Total Number of Pages (including cover sheet): 3 CORRESPONDENCE ADDRESS: Lemoyne Office IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (717) 731-9600 MESSAGE: The information contained in this facsimile communication is confidential and intended only for the use of the person to whom it is addressed. Such information may be privileged and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent responsible for its delivery to the intended recipient, you are hereby notified that the reproduction, distribution or disclosure of any part of this communication, other than to the intended recipient:, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original communication to us at our mailing address above by United States First Class Mail. m>kmm;?xwx+>kmmm:r>k -Comm. 2NAL- m?::1:ma:rcemr:rcemmm*r<mmm DATE OCT-29-200 MODE = MEMORY TRANSMISSION STPRT=OCT-29 L5:38 FILE NO.=125 STN COMM. ONE-TOUCH/ STATION NAME/TEL NO. NO. A13ER NO. 001 OK s 9753046 *mm TIME 1539 m>Kmm> +>k END=OCT-29 1539 PAGES DURATION 003/003 00:00:54 -GATES,HAIH - :rwMmm*,xm+wa++rmm.:xmm>k>k>kmmrwr>vmm..w m. - - *m> *x - 717 731 9627- r:m:r++*+mr LAW OFFICES OF GATES, HALBRVNER & HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 7319600 - FAX: (717) 731-9627 LPWELL R. GATES Also Admihid V Mo,e ' wIV Ba, A E. HALPRIMER CRAIG XHATCH .m CORY J. SNOOK ALBERT N. PSTERLIN Ake, AL4 Aeoe le Myy . &r CLIFTONH.GUISE STACEY L. NACE PACT LSE PMin)gN TPW GENQNIO l MERE ERiE LONG RAteIA?AI To: Telecopier Number: From: Date: Dennis J. Bonetti, Esquire Cipriani & Werner (717) 975-3846 Albert N. Peterlin October 29, 2004 Total Number of Pages (including cover sheet): 3 Bfl HafECe e WEST MONUMENT SQUARE. SUITE sPc LEWISTOWN. PA 17W Ii1Tj'iaiti'nrv WEB SITE www.Qslasl.ewFlrm.com LORPESEONUENGE APPRE$S: LeMQ" Office IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (717) 731-9600 ME SA E: The information contained in this facsimile communication is confidential and intended only for the use of the person to whom it is addressed. Such information maybe privileged and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent responsible for its delivery to the intended recipient, you are hereby notified that the reproduction, distribution or disclosure of any part of this communication, other than to the intended recipient, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original communication to us at our mailing address above by United States First Class Mail. LAW OFFICES OF GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 - LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 LOWELL R. GATES BRANCH OFFICE: Also Admitted to Massachusetts Bar 3 WEST MONUMENT SQUARE, SUITE 304 MARK E. HALBRUNER LEWISTOWN, PA 17044 Also Admilled to Nay Jersey Bar (717) 248-6909 CRAIG A. HATCH CORYSNOOK 2004 November 5 A' BERT N. PETER MIN , WEB SITE Also Admired to Maryland Bar www.GatesLawFirm.com CLIFTON R. GUISE STACEY L. NACE CORRESPONDENCE ADDRESS: Paralegal/Office Manager Lemoyne Office TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal VIA U.S. FIRST CLASS MAIL & FACSIMILE TRANSMISSION David A. Fitzsimons, Esquire Martson Deardorff Williams & Otto -r t Agh Street I C_I_I F CQasJtI rllt?.li JIICCI Carlisle, PA 17013-3015 RE: Dana G. Gross t/d/b/a Mid-State GutterPro v. Pemfo Packaging Co., Inc. and Compass International, Inc. Civil Action No. 04-3027 Cumberland County, CCP Dear Mr. Fitzsimons: Pursuant to our telephone conversation on Thursday, November 4, 2004, you have agreed to stipulate to answer all of the discovery requests served upon Pemfo Packaging Co., Inc. by United States first class mail in your care of the same. Further, please find enclosed herewith a true and correct copy of the curriculum vitae of the expert in metals retained by the undersigned, Ronald D. Crooks, a principal of Branderis Associates, Inc. and the report prepared by him in this matter. Thank you. Sincerely, GATES, HALBRUNER & HATCH, P.C. n? ? . By:( 4 AI N. terlinr ANP:khm Enclosures cc: Dana G. Gross (via U.S. first class mail, w/enclosures) Dennis J. Bonetti, Esq. (w/enclosures) LAW OFFICES OF GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717)731-9600• FAX: (717) 731-9627 LOWELL R. GATES Also Admitted to Massachusetts Be, MARK E. HALBRUNER Also Admitted to Ne« Jersey Bar CRAIG A. HATCH CORY J. SNOOK ALBERT N. PETERLIN Also Admitted to Maryland Bar CLIFTON R. GUISE STACEY L. NACE Parale9a1/011ice Manager TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal To: Telecopier Number: From: Date: nAlfirl G 1:47Qimnns Fsnnirol Martson Deardorff Williams & Otto (717) 243-1850 Albert N. Peterlin November 5, 2004 Total Number of Pages (including cover sheet): 16 BRANCH OFFICE: 3 WEST MONUMENT SQUARE. SUITE 30,1 LEWISTOWN. PA 17044 (717) 24&6909 WEB SITE w GatesLawFirm.com CORRESPONDENCE ADDRESS: Lemoyne Office IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEAS E CALL (717) 731-9600 MESSAGE: The information contained in this facsimile communication is confidential and intended only for the use of the person to whom it is addressed. Such information may be privileged and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent responsible for its delivery to the intended recipient, you are hereby notified that the reproduction, distribution or disclosure of any part of this communication, other than to the intended recipient, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original communication to us at our mailing address above by United States First Class Mail. ':VILMDATARLDG.n 11..01282.1..WV Qcamd. 9120/04 0 MPM Rcvmmd. 4/1105 3:08PM 11282.1 David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3027 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT PEMFO PACKAGING CO.. INC.'S ANSWER TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND NOW, comes Defendant, Pemfo Packaging Co., Inc., by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby answers Plaintiff's First Set of Interrogatories as follows: General Objection Pemfo objects to the length, scope and content of Plaintiff's Interrogatories which are unnecessarily burdensome, violative of Cumberland County Rules of Civil Procedure, Rule 4005. 1, and in several instances not reasonably calculated to lead to the discovery of admissible evidence. 1. Helen Folloni, President and Michelle Masscotte, Clerk, Pemfo Packaging Co., Inc., 167 Laurel Street, P.O. Box 543, East Bridgewater, Massachusetts, 02333-0543. 2. Yes. 3. In 1970 or 1972. 4. Massachusetts. 5. Northeast United States, Florida and Virginia. 6. None. 7. Packaging for nails; repackaging screws and rivets. 8. Not applicable. 9. See Answer to Interrogatory Number 1. 10. See Answerto InterrogatoryNumber 7. In addition, a minor part of Pemfo's business includes selling of screws such as the Compass products subject to this suit. Compass products are generally sold in the boxes that they come to us in. 11. Pemfo purchases small volumes of items from Compass in response to customer requests, usually less than $500.00 per year in volume. 12. None of the above, with the exception of see some "breaking down" of screws from larger lots to smaller lots. 11-18. Not applicable. 19. a 20. No Interrogatory Number 20 in the original. 21. See Answer to Interrogatory Number 10. 22. Objection, this Interrogatory seeks a legal opinion or conclusion and further is inapplicable to the circumstances of Pemfo's distribution of the Compass screws to Plaintiff. 21-34. Not applicable. 35. No. 36. Not applicable. 37.-38. None. 39. Other than inspections or tests prepared by others within the context of this litigation, none. 40. No. 41. Other than the instant Complaint, none. 42. Pemfo orders manufactured screws from a reliable supplier, Compass International. 43. See Answer to Interrogatory Number 42. 44. See documents attached in response to Request for Production of Documents. 45. See Answer to Interrogatory Number 1. 46.49. Not yet determined. 50. The customer is the party that determines the use or purpose for the screws he or she has ordered. -:\FILESDAT AFILE\GenerACmrW\l 1222.1 ainl v Created 9120/04 006PM Revised 411/05 3'08PM 112821 David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. NO. 04-3027 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT PEMFO PACKAGING CO., INC.'S ANSWER TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND NOW, comes Defendant, Pemfo Packaging Co., Inc., by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby answers Plaintiff's First Set of Interrogatories as follows: General Objection Pemfo objects to the length, scope and content of Plaintiff's Interrogatories which are unnecessarily burdensome, violative of Cumberland County Rules of Civil Procedure, Rule 4005. 1, and in several instances not reasonably calculated to lead to the discovery of admissible evidence. 1. Helen Folloni, President and Michelle Masscotte, Clerk, Pemfo Packaging Co., Inc., 167 Laurel Street, P.O. Box 543, East Bridgewater, Massachusetts, 02333-0543. 2. Yes. 3. In 1970 or 1972. 4. Massachusetts. 5. Northeast United States, Florida and Virginia. 6. None. 7. Packaging for nails; repackaging screws and rivets. 8. Not applicable. 9. See Answer to Interrogatory Number 1. 10. See Answer to Interrogatory Number 7. In addition, a minor part ofPemfo'sbusiness includes selling of screws such as the Compass products subject to this suit. Compass products are generally sold in the boxes that they come to us in. 11. Pemfo purchases small volumes of items from Compass in response to customer requests, usually less than $500.00 per year in volume. 12. None of the above, with the exception of see some "breaking down" of screws from larger lots to smaller lots. 11-18. Not applicable. 19. No. 20. No Interrogatory Number 20 in the original. 21. See Answer to Interrogatory Number 10. 22. Objection, this Interrogatory seeks a legal opinion or conclusion and further is inapplicable to the circumstances of Pemfo's distribution of the Compass screws to Plaintiff. 21-34. Not applicable. 35. No. 36. Not applicable. 37.-38. None. 39. Other than inspections or tests prepared by others within the context of this litigation, none. 40. No. 41. Other than the instant Complaint, none. 42. Pemfo orders manufactured screws from a reliable supplier, Compass International. 43. See Answer to Interrogatory Number 42. 44. See documents attached in response to Request for Production of Documents. 45. See Answer to Interrogatory Number 1. 46.-49. Not yet determined. 50. The customer is the party that determines the use or purpose for the screws he or she has ordered. 51. Objection, this Interrogatory seeks a legal conclusion. Without waiving said objection, none. 52. It is possible that Compass provided samples prior to our first order but does not provide samples with each lot ordered. 53. They are screws. 54. Objection, this Interrogatory seeks a legal conclusion. Without waiving said objection and to the extent that a response can be made, customers request screws ofa type and size, Pemfo obtains those screws, if they are not already in inventory, from reputable distributors such as Compass. 55 llhiertinn thig Tnterrnoatn,, cppke from Pemfn the State of mind of ('.nm nsS Without waiving said objection and to the extent that a response can be made, Pemfo assumes that Compass did not have reason to know of the particular purpose which Plaintiff required for the screws because Pemfo did not know. 56. See Answer to Interrogatory Number 55. 57. None. 58. Unknown at this time. If additional information is obtained, this Interrogatory will be supplemented. 59. Objection, this Interrogatory is the same as Interrogatory Number 57. Please see Answer to Interrogatory Number 57. 60. No. Respectfully submitted, By _V \-' David A. Fitzsimons, I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 WILLIAMS & OTTO Date: April 1, 2005 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant Pemfo Packaging Co., Inc.'s Answer to Plaintiff's First Set of Interrogatories was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dennis J. Bonetti, Esquire CIPRIANI & WERNER 1017 Mumma Road Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO By l 4 n ( 1? Q() Meliss A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 1, 2005 F:\FILES\DATAFILE\General\Cunenp11282 I rgpd1 ? med. 920104 G 06PM Revised 411/051: 14PM 11282 1 David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 1.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3027 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT PEMFO PACKAGING CIO., INC.'S RESPONSE TO PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes Defendant, Pemfo Packaging Co., Inc., by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and herebyresponds to Plaintiff's First Request for Production of Documents as follows: General Objection Pemfo objects to the length, scope and content of Plaintiff's Interrogatories which are unnecessarily burdensome, violative of Cumberland County Rules of Civil Procedure, Rule 4005.1, and in certain instances are not reasonably calculated to lead to the discovery of admissible evidence. L-5. See attached. 6.-7. Not applicable. 8. Objection, to the extent that this request seeks information which is privileged, Defendant Pemfo objects to the request for disclosure, Without waiving said objection, none. 9. None. 10. Objection, Defendant Pemfo objects to this request to the extent that it seeks non- discoverable privileged or attorney work product information. Without waiving said objection, none. 11. None, other than documents attached to this response and documents produced between the parties during the course of this litigation. 12. Objection, the materials requested in this request, as phrased, are not discoverable for reasons of privilege and work product. 11-15. See attached. 16,-17. Objection, the materials requested in this request, as phrased, are not discoverable for reasons of privilege and work product. R CPP aTTAe}1 PlI 19. None known of. 20. Objection, the request as phrased is beyond the scope of reasonable and rational discovery, is unduly burdensome and not reasonably calculated to lead to discovery of admissible evidence. 21.-24. No such documents are currently available. However, this response will be supplemented if and when additional information is determined. 25. None known of. Respectfully submitted, WILLIAMS & OTTO Esquire Date: April 1, 2005 Attorneys for Defendant I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant Pemfo Packaging Co., Int.'s Response to Plaintiff's First Request for Production of Documents was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemnyne, PA 17043 Dennis J. Bonetti, Esquire CIPRIANI & WERNER 1017 Mumma Road Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO L 1 ? By l Melissa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 1, 2005 LAW OFFICES OF GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 LOWELL R. GATES, LL. M. LL. M. in Taxetion Also Admitted to Massachusetts Bar MARK E. HALBRUNER Also Admitted to New Jersey Bar CRAIG A. HATCH, CELA Canniest as an Elder Law Attorney by the National Elder Law Foundation CORY J. SNOOK ALBERT N. PETERLIN Also Admtted to Maryland Bar CLIFTON R. GUISE Also Admitted to practice before the U.S_ Patent & Trademark Oryloe STACEY L. NACE ParalegaVOllice Manager TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal April 6, 2005 VIA FACSIMILE TRANSMISSION David A. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3015 BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 17044 (717) 248-6909 WEB SITE'. W ww. GatesLawFirm.com CORRESPONDENCE ADDRESS: Lemoyne Office RE: Dana G. Gross t/d/b/a Mid-State GutterPro v. Pemfo Packaging Co., Inc. and Compass International, Inc. Civil Action No. 04-3027 Cumberland County, CCP Dear Mr. Fitzsimons and Mr. Galloway: The undersigned is in receipt of the Pemfo Packaging Co., Inc. ("Pemfo") discovery responses. It is believed the responses are inadequate or incomplete. Regarding Pemfo's responses to Plaintiff's interrogatories the following issues remain outstanding: Response to Interrogatory 13 through 18, 21 through 34 is insufficient. They are applicable and within the knowledge of Pemfo. Response to Interrogatory 50 is insufficient. Pernfo sells the Screws. Is it your position that your client is unaware of what the purpose is for them. Further, different fasteners have different purposes. Response to Interrogatory 53 is non-sensical. Again, different fasteners have different purposes. A valid response is required. Response to Document Request 6 and 7. How is this not applicable? A response is required. David A. Fitzsimons, Esq, David R. Galloway, Esquire April 6. 2005 Response to Document Request 12, 16-17. If they are privileged they must be identified and then I can obtain the Court's decision on privilege. If the documents are not prepared in anticipation of litigation they must be turned over. Please provide a full response. Response to Document Request 20 is insufficient. General objections are not valid and must be supported. No support for your objections is provided. Further, the requests are directly related to this action, breach of warranty, where marketing materials advertise products and services and sometimes included express or implied warranties collaterally. Please provide a full response. Response to Document 21-24 is insufficient. If Pemfo has documents they must produce them. An answer of the equivalent of when and if we locate any regnnngive dcmiiments in our possession is not sufficient. Please provide a full response. I look forward to hearing from you. Sincerely, By: ANP:jIs cc: Dana G. Gross (via U.S. first class mail) Dennis J. Bonetti, Esquire LAW OFFICES OF GATES, HALBRUNER & HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717)731-9600• FAX: (717)731-9627 LOWELL R. GATES, LL. M. LL M. in Taxation Also Admitted to Massachusetts Bar MARK E. HALBRUNER Also Admitted to New Jersev Bar CRAIG A. HATCH, CELA Certhed as an Elder Law Attorney by the National Elder Law Foundation CORY J. SNOOK ALBERT N. PETERLIN Also Admitted to Maryland Bar CLIFTON R. GUISE Also Admitted to practice before the U.S. Patent 8 Trademark Office STACEY L. NACE Paralegal/Office Manager TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal Tn_• navirl R (,allowav_ Fcnuim David A. Fitzsimons, Esquire Martson Deardorff Williams & Otto Telecopier Number: From: Date: (717) 243-1850 Albert Nicholas Peterlin April 6, 2005 Total Number of Pages (including cover sheet): 3 BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 17044 (717) 246-6909 WEB SITE W ww.GalesLawFirm.com CORRESPONDENCE ADDRESS: Lemoyne Office If You Do Not Receive All Of The Pages, Please Call (717) 731-9600 MESSAGE: -------------------------------------------------------------- -------------------------------------------------------------- The information contained in this facsimile communication is confidential and intended only for the use of the person to whom it is addressed. Such information may be privileged and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent responsible for its delivery to the intended recipient, you are hereby notified that the reproduction, distribution or disclosure of any part of this communication, other than to the intended recipient, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original communication to us at our mailing address above by United States First Class Mail. , TILES\ ATAFILE\G,111a1\Cunmtl11282. 1. ain2 C,,a,d. 5/10/05 10.08AM Revised. 5111105 1 P.03AM 11282 1 David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-3027 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT PEMFO PACKAGING CO., INC.'S SUPPLEMENTAL ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES AND NOW, comes Defendant, Pemfo Packaging Co., Inc., by and through their attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby supplements their answers to Plaintiff's First Set of Interrogatories as follows: General Objection Pemfo objects to the length, scope and content of Plaintiff's Interrogatories which are unnecessarily burdensome, violative of Cumberland County Rules of Civil Procedure, Rule 4005.1, and in several instances not reasonably calculated to lead to the discovery of admissible evidence. 13. Answering Defendant objects to this Interrogatory on the basis that it is vague and ambiguous in that it does not clarify or define "any time prior hereto." Without waiving said objection, Answering Defendant did not market any product of Compass any time prior to August 2002. Any distribution or sale would have been minimal. 14. Answering Defendant objects to this Interrogatory on the basis that it is vague and ambiguous in that it does not clarify or define "any time prior hereto." Without waiving said objection, Answering Defendant did not "market", distribute, sell or supply any Screws of Compass any time prior to August 2002, with the exception of what is documented in our prior Response to Request for Production. Sale of Compass products is a minimal part of Pemfo sales. 15.-16. Answering Defendant objects to these Interrogatories on the basis that the information requested therein is already known to Plaintiff and the production of the requested information is unduly oppressive and burdensome. Subject to and without waiving the forgoing objections, please see copies of Answering Defendant's invoices from Compass previously provided. By way of further response, this action is not covered under any insurance policy. 17. Answering Defendant occasionally applies identification labels to the packages it sells identifying Pemfo. 10. A iswering Defendant objects to this interrogatory on the basis that it is vague and ambiguous in that it does not clarify or define "any time prior hereto." Without waiving said objection, Answering Defendant did not "market," distribute, sell or supply any Screws of Compass to a third-party any time prior to August 2002, with the exception of what is documented in our Response to Request for Production. 19.-21. The Screws obtained from Compass before and after August l,'2002, were not sold or supplied with any accompanying instructions. 22.-23. Answering Defendant is a distributor of screws. All labeling (except for affixing Pemfo label where applicable), packaging, testing and instructions on use (if applicable) is performed by others. 24.-31. Answering Defendant is a distributor of screws. All labeling, packaging, testing and instructions on use (if applicable) was done by Defendant Compass for one year before and after August 1, 2002. Answering Defendant performs no independent test on the Screws and does not issue specifications. 32. Since January 1, 2001, Answering Defendant did not issue any promotional or informational materials regarding the Screws it sold. 31-34. Answering Defendant objects to this Interrogatory on the basis that it is vague and ambiguous in that it does not define "consideration." Without waiving said objection, Answering Defendant does not test the Screws it sells. 50. The customer is the party that determines the use or purpose for the screws he or she has ordered. 53. They are screws. Pemfo did not recommend applications or use to Plaintiff, and does not generally render any such advice. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By David A. Fitzsimons, Esquire' I.B. No. 41722 10 East High Street Carlisle. PA 170113 (717) 243-3341 Date: May 11, 2005 Attorneys for Defendant VERIFICATION The undersigned, David A. Fitzsimons, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Pemfo Packaging Co., Inc., in the within action, makes this verification pursuant to Pa. R.C.P. 1024(c) because Pemfo Packaging Co., Inc. is located outside the jurisdiction, and its President, Helen Folloni, is unavailable in the time frame in which this response is due. Ms. Folloni's verification will be subsequently substituted. The undersigned certifies that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of his knowledge, information and belief based upon interviews of Pemfo personnel and review of documents referenced in the responses. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn talsification to authorities. David A. Fitzsimons, Esquire CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant Pemfo Packaging Co., Inc.'s Supplemental Answers to Plaintiff g First Oct of Lnterroaat-iPe -- Senrerul t1::S data b`r Ae.,no;r:.,.. -me in ?I,- D- 0'r .,may........... at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dennis J. Bonetti, Esquire CIPRJANI & WERNER 1017 Mumma Road Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO By (,-1-m, u 01, (Y ,? P l Melissa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 11, 2005 1, 1 1 [1 Al ,, 1 11 r VCP.4X3 1 F'.VILES\DATAFILE\General\Cuneni\11282. I. rgpd2\m_ Created. 9/20/04 0.05PM Rr,,ad'. 5/11/05 10 42AM 112821 David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff, PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1V0. V4-3 VL7 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT PEMFO PACKAGING CO.. INC.'S SUPPLEMENTAL RESPONSE TO PLAINTIFF'S FIRST REOUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes Defendant, Pemfo Packaging Co., Inc., by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby supplements their response to Plaintiff s First Request for Production of Documents as follows: 6. Answering Defendant does not keep a diary, log or journal that refers, relates or pertains to Screws supplied or sold by Compass from January 1, 2001. Respectfully submitted, \MARTSON DE ?ORFF WILLIAMS & OTTO By: - C David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 11, 2005 Attorneys for Defendant CERTIFICATE OF SERVICE, I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant Pemfo Packaging Co., Inc.'s Supplemental Response to Plaintiff's First Request for Production of Documents was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dennis J. Bonetti, Esquire CIPRIANI & WERNER 1017 Mumma Road Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO BY K l/ OC\ 0?, ('' a Melissa A. Mowery liYl Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 11, 2005 VERIFICATION I, Helen Folloni, President ofPemfo Packaging Co., Inc., acknowledge T have the authority to execute this Verification on behalf of Pemfo Packaging Co., Inc., and certify the foregoing Answers to Interrogatories are based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of these Answers to Interrogatories are that of counsel and not my own. I have read the document and [o the extent the Answers to Interrogatories are based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Answers to Interrogatories are that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Pemfo Packaging Co., Inc. Helen Follom, President F]FILESIDATAFILE%Gme,.PCurtrnd11282.1 vcrl LAW OFFICES OF GATES, HALBRUNER SZ HATCH, P.C. LOWELL R. GATES, LL. M. LL M. in Taxation Also Admired to Massachusetts Bar MARK E. HALBRUNER Also Admaled to New Jersey Bar CRAIG A. HATCH, CELA Certified as an Elder Law Attorney by the National Elder Law Foundation CORY J. SNOOK ALBERT N. PETERLIN Also Admitted to Maryland Bar CLIFTON R. GUISE Also Admitted to practice before the U.S. Patent 8 Trademark Office 1013 MUMMA ROAD • SUITE 100 - LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 May 13, 2005 STACEY L. NACE ParalegaVOelce Manager TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal VIA FACSIMILE David A. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013-3015 BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 17044 (717) 248-6909 WEB SITE: www.GateslawFimLcom CORRESPONDENCE ADDRESS: Lemoyne Office RE: Dana G. Gross Ud/b/a Mid-State GutterPro v. Pemfo Packaging Co., Inc. and Compass International, Inc. Civil Action No. 04-3027 Cumberland County, CCP Dear Mr. Fitzsimons and Mr. Galloway: The undersigned is in receipt of your client's supplemental responses to Plaintiff's discovery requests. The responses and objections are inconsistent, inadequate or unsupportable. Please provide full and complete responses to paragraphs 13-18, 24-31, 33-34, 50 and 53 of the interrogatories. Further, you failed to address paragraphs 7, 12, 16-17, 20-24 of the document requests as requested in my letter to you dated April 6, 2005. As a result, Plaintiff will file a motion to compel 5 days from the above-date. Pursuant to Local Rule 208.2(d), please advise whether Pemfo concurs in this motion. If a written response is not received within 5 days, the undersigned will interpret it as a response in the negative. I look forward to hearing from you. Sincerely, ANP:jls cc: By: Dana G. Gross (via U.S. first class mail) Dennis J. Bonetti, Esquire LAW OFFICES OF GATES, HALBRUNER & LOW ELL R. GATES, LL. M. LL M. in Taxation Also Admitted to Massachusetts Bar MARK E. HALBRUNER Also Admitted to New Jersey Be, CRAIG A. HATCH, CELA Carload as an Elder Law Attorney by the National Elder Law Foundalion CORY J. SNOOK ALBERT N. PETERLIN Also Admitted to Maryland Bar CLIFTON R. GUISE Also Admitted to practice before the U.S. Patent & Trademark Office STACEY L. NACE ParalegaliOAice Manager TRACI L. SEPKOVIC Paralegal VALERIE LONG Paralegal 1013 MUMMA ROAD • SUITE 100 • LEMOYNE, PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731-9627 Tc: David P. (:allnulay Feglvira David A. Fitzsimons, Esquire Martson Deardorff Williams & Otto Telecopier Number: From: Date: (717) 243-1850 Albert Nicholas Peterlin May 13, 2005 Total Number of Pages (including cover sheet): 2 FIX* BRANCH OFFICE: 3 WEST MONUMENT SQUARE, SUITE 304 LEWISTOWN, PA 17044 (717) 2466909 WEB SITE: www. Gatesi-awFirm.com CORRESPONDENCE ADDRESS: Lemoyne Office If You Do Not Receive All Of The Pages, Please Call (717) 731-9600 MESSAGE: ------------------------------------------------------------- The information contained in this facsimile communication is confidential and intended only for the use of the person to whom it is addressed. Such information may be privileged and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent responsible for its delivery to the intended recipient, you are hereby notified that the reproduction, distribution or disclosure of any part of this communication, other than to the intended recipient, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original communication to us at our mailing address above by United States First Class Mail. ***+ **+***N:N:*+ -COMM. RNRL- ********* ********• DATE MRY-13-200 MODE = MEMORY TRANSMISSION STRRT=MRY-13 1106 FILE NO.=211 STN COMM. ONE-TOUCH/ STATION NAME/TEL N0. NO. ABBR NO. 001 OK s 2431950 + TIME 1107 ******** END=MAY-13 11:07 PAGES DUFAT I ON 002/002 00:00:46 -GATES,'iALBRNR,HATCH - **,r*r:t**»<*+*r:v:»******,r********»<w - -**** - 717 731 9627- w*r**** LMELL M WTE$ LL. U. LLM.OT Atw M. Homed W wazxnuanz Bir MARK E. ULLBKUNER NM AbHATCH, bM1VwlNaey B.n CRYC A. L CMNNAMN IX.Law J.1. R NMImY Elder r l I.tw FaunJUen COR Ly Y A SNOOK A?MYTKPCMLIN M. M Ik gdIF 01 OUI. M L4arylanN Bar BE CLIFTON mA AA. aw aNUaa ro puan oNae Im LL9. PomN (LVESna,Y CNee ? CaTLN.,GF T N,.IL.?S?EPKDVIC Pi AII! VALENELDNG Po!alegy To: Telecopier Number: From: Date: David R. Galloway, Esquire David A. Fitzsimons, Esquire Manson Deardorff Williams & Otto (717)243.1850 Albert Nicholas Peterlin May 13, 2005 Total Number of Pages (including cover sheet): 2 UMNON OFFICE: 3 WES! MONUMENT SO SurTE 1C1 IEW,SICAVIy M IAM,]INa ()1T) 3ae? WEB SITE: .CaInLKwfbmm WFIRESIONDSACEACCREE6 Lemoyne Ollim If You Do Not Receive All Of The Pages, Please Call (717) 73 t-9600 MESSAGE: The information contained in this facsimile communication is confidential and intended only for the use of the person to whom it is addressed. Such information may be privileged and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent responsible for its delivery to the intended recipient, you are hereby notified that the reproduction, distribution or disclosure of any part of this communication, other than to the intended recipient, is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original communication to us at our mailing address above by United States First Class Mail. LAW OFFICES OF GATES, HA BBRUNER & HATCH, P.C. 1013 MUMMA ROAD • SUITE 100 • LEMOYNE. PENNSYLVANIA 17043 (717) 731-9600 • FAX: (717) 731.9627 l?S r RECEIVED AUG 09 200b L` IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS tradinc business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. CIVIL. ACTION - LAW NO. 04-3027 RULE TO SHOW CAUSE AND NOW, this /r' day of ?0" V , 2005, upon consideration of Plaintiff's Motion to Compel Discovery From Defendant, Compass International, Inc. ("Motion"), it is hereby ORDERED and DECREED that: 1. A Rule is issued upon Defendant, Compass International, Inc. ("Compass International') to show cause why Plaintiff is not entitled to the relief requested; 2. Compass International shall file an answer to the Motion within 20 days of service of this Rule upon it; and 3. Notice of the entry of this order shall be provided to all parties by the Plaintiff. BY THE COURT: J. 07- C7- o .rte r =j v Distribution List: Albert N. Peterlin, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100, Lemoyne, PA 17043 2 L\ RECEIVED AUG 09 200L IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., CIVIL ACTION - LAW NO. 04-3027 RULE TO SHOW CAUSE AND NOW, this yr day of 2005, upon consideration of Plaintiffs Second Motion to Compel Discovery From Defendant, Pemfo Packaging Co., Inc. ("Motion"), it is hereby ORDERED and DECREED that: 1. A Rule is issued upon Defendant, Pemfo Packaging Co., Inc. ("Pemfo Co.") to show cause why Plaintiff is not entitled to the relief requested; 2. Pemfo Co. shall file an answer to the Motion within 20 days of service of this Rule upon Pemfo Co.; and 3. Notice of the entry of this order shall be provided to all parties by the Plaintiff. BY THE COURT: J. r Ce) I?z QCJ 0- j? ^- r i ca s S w ? ?.,L 1Y ? Distribution List: Albert N. Peterlin, Esquire Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100, Lemoyne, PA 17043 2 F.\PILES\DATAFILDGena [T\ mW 1282.1 oes2\ Cceazcd. 9120104 0.06PM Revied: 9/2/05 3 :40FM 11282.1 David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Pemfo Packaging Co., Inc. DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3027 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT PEMFO PACKAGING CO.. INC.'S RESPONSE TO PLAINTIFF'S SECOND MOTION TO COMPEL DISCOVERY AND NOW, comes Defendant, Pemfo Packaging Co., Inc. ("Pemfo"), by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiff's Second Motion to Compel Discovery as follows: 1.4. Admitted. Denied as stated. The letter from counsel for Pemfo to Plaintiff's counsel, attached as Exhibit C to the Second Motion to Compel is an instrument in writing and speaks for itself. To the extent Plaintiff s paragraph 5 is inconsistent therewith, it is denied. Denied. Attached as Exhibit D is an instrument in writing and speaks for itself. To the extent Plaintiff s paragraph 6 is inconsistent therewith, it is denied. Denied as stated. On or about November 4, 2004, the undersigned counsel conducted his one and only telephone conversation that Plaintiffs counsel has ever responded to about this matter. Counsel agreed to respond to all pertinent Interrogatories in an attempt to avoid the very type of motions practice that Plaintiff threatened in attachment D. 8. Denied as stated. Mr. Gross, in fact, appears to have memorialized his basis for engaging in a motions war and did not fairly represent the agreement between counsel in his letter. However at the time, the undersigned counsel did not believe it would be necessary to engage in a "Philadelphia style" exchange of letters clarifying intents and purposes. Obviously, Pemfo cannot answer questions which are not pertinent to its operations. Furthermore, Pemfo cannot answer questions for which it has no information and no answers. 9. Denied as a conclusion of law. Byway of further response, Plaintiff's counsel did not provide a date specific by which he expected to receive responses to his voluminous discovery. 10. Admitted that on March 11, 2005, without any further notice to counsel, not a letter, not a telephone call, Plaintiff's counsel filed a Motion to Compel. 11. Admitted. 12. Denied. Specifically denied that counsel agreed among themselves to waive the Rules of Civil Procedure with regard to discovery. Furthermore, through no reasonable reading of even Plaintiffs counsel's self-serving correspondence at Exhibits D and E, can it be claimed that they memorialize an agreement by Pemfo's counsel to waive objections. 13. Denied. It is denied that the responses were unverified by Pemfo Company. An attorney's verification was included within the original response and by letter dated May 11, 2005, a verification of the President of Pemfo was forwarded to counsel. With regard to the remainder of paragraph 13, Exhibit H of the Second Motion appears to be an. accurate copy of the April 6, 2005 letter sent to counsel for Pemfo. 14.-15. Admitted. 16. Denied as stated. Pemfo provided supplemental answers, objections and documents which were provided in an attempt to fully and completely answer discovery in compliance with the Pa. R.C.P. The supplemental responses identified in Exhibit land J to the Motion to Compel are accurate. 17. Denied as a conclusion of law. Furthermore, counsel for Pemfo did not agree to waive objections to the number of Interrogatories nor any other objectionable, vexatious and obdurate discovery requests and motions forwarded on Plaintiffs behalf. 18. Denied. The averments of paragraph 18 of the Motion are conclusions of law and in some instances, scandalous and impertinent. As to the remainder of the averments, Exhibit K is a copy of a letter forwarded by counsel. However, counsel for the Plaintiff has not accurately represented to this Court additional correspondence between the parties which is indeed pertinent to its Motion. Attached hereto as Exhibit "A," Exhibit "B," and Exhibit "C," respectively, are the following correspondence to Plaintiff's counsel from undersigned counsel: a. Letter dated April 7, 2005; b. Letter dated May 11, 2005; and, c. Letter dated May 31, 2005. 19. Admitted in part and denied in part. It is admitted that at the current time, the Answer of Pemfo admits allegations of paragraph 16 of the Complaint. If it appears upon further investigation that this is an incorrect response, it will be amended. 20.-23. Denied. The averments of paragraphs 20 through 23 do not provide with specific clarity or detail the basis for Plaintiffs objection to the material that has been provided. Correspondence forwarded on Plaintiff s behalf, similarly fails to provide any specificity as to the basis for Plaintiff's concerns. Further, because Plaintiff has apparently directed his counsel to avoid telephone contact with opposing counsel, further clarification has not been forthcoming. 24. Denied. The averments of paragraph 24 are a conclusion of law. WHEREFORE, Defendant Pemfo Packaging Co., Inc., respectfully requests that this Honorable Court enter an Order denying Plaintiff s Second Motion to Compel Discovery. REQUEST FOR RELIEF` Defendant Pemfo Packaging Co., Inc., respectfully request that this Court will deny the Request for Relief of Plaintiff Dana G. Gross and further conduct a conference between counsel to review and discuss the discovery requests that Plaintiff s counsel believes have been inadequately responded to. Respectfully sub fitted, MART N DE WILLIAMS & OTTO By. David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: September 2, 2005 Attorneys for Defendant Pemfo Packaging Co., Inc. VERIFICATION I hereby affirm that the following facts are correct: I am counsel for Defendant, Pemfo Packaging Co., Inc., in the foregoing action and I am authorized to make this verification on behalf of Defendant. I have read Defendant's Response to Plaintiff's Second Motion to Compel and verify that the information contained therein is true and correct to the best of my knowledge, information and belief. This verification is made by me instead of Defendant, since the facts stated in the Defendant's Response to Plaintiff's Second Motion to Compel are better known to me. I hereby acknowledge that the facts set forth in the aforesaid Defendant's Response to Plaintiff's Second Motion to Compel are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Dated: September 2, 2005 Counsel for Defendant Pemfo Packaging Co., Inc. CERTIFICATE OF SERIaCE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant Pemfo Packaging Co., Inc.'s Response to Plaintiff's Second Motion to Compel Discovery was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 Dennis J. Bonetti, Esquire CIPRIANI & WERNER 1017 Mumma Road Lemoyne, PA 17043 MARTSON DEARDORFF WILLIAMS & OTTO By: Melis'sa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 2, 2005 -1iJ 11 - fx? J A MAKrSON DEARDORFF WILLIAM OTTO /7MDW O INFORMATIoN • ADVICE • ADVOGGY 10 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET WWW.mdwo.com VIA FACSIMILE (71791-9627) Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road Suite 100 Lemoyne, PA 17043 April 7, 2005 ATTORNEYS & COUNSELLORS AT LAW WILLIAM F. IVIARTSON JOHN B. FOWLER III EDWARD L. SCHORPP DANIEL K. DEARDORFF THOMAS J. WILLIAMS* IVO V. OTTO III GEORGE B. FALLER JR.* •HOAFO CERTFIEI CARL C. RISCH DAVID A. FITZSIMONS DAVID R. GALLOWAY ANTHONY T. LUCIDO CHRISTOPHER E. RICE JENNIFER L. SPEARS HILLARY A. DEAN I CIVIL TRIAL SPECIALIST RE: Dana G. Gross t/d/b/a Mid-State GutterPro v. PEMFO Packaging Co., Inc. and Compass International, Inc. No. 04-3027 - Cumberland County C.C.P. Our File No. 11282.1 Dear Mr. Peterlin: I received your facsimile of April 6, 2005 regarding our discovery responses. I have forwarded it to my client and will be reviewing your request with my client and expect to have a response to you within fifteen (15) days. If you feel compelled to file a Motion, I would appreciate the courtesy of a telephone call before hand. Very truly yours, \M ARDORFF WILLIAMS & OTTO David A. Fitzslmon? DAF/mam cc: Dennis J. Bonetti, Esquire (via facsimile 975-3846) PEMFO Packaging, Inc. Attention: Helen Folloni, President (via facsimile 508-378-7504) FTILESIDATAFILE\Ge OCUamt\11282. Lap) Exhibit A INFORMATION ADVICE • ADVOCACY SM F_ NIUI'M)N llil,A ltnokl-P W11IIA41; 011( MIM&& 10 FAST HIUD SIRLIi'1' CARLISLE'-., PFNNSYLVANIA 17013 TeLEPHONP (717) 243-3341 FACSIMILE (717)243-18.50 IN II KNE'f www.nldwoxom May 11, 2005 VIA FACSIMILE (717-731-9627) AND U.S. MAIL Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 A] IORNIAS & COUNSELLORS AT LAN' WILLIAM F. NIARI SON JOHN B. Fowux III EDWAitD I.. SCHOKPP DANIJ t. K. DEARDORY1 FIIOMAS J. WILLIAMS* IVO V. OI'TO III GEofwr B. FAL LER .IR.* CARL C. RISL'll DAVID A. FITZSIMONS DAVID R. GALLOWAY ANTHONY T. LHcmo CHRISTOP14I7R E. RICE JENNIFER L. SPEARS IIILLARY A. DEAN 'HnARD C[nnrlrn ( 1111 flln[_ SrRJAI191 RE: Dana G. Gross t/d/b/a Mid-State GutterPro v. PEMFO Packaging Co., hic. and Compass International, Inc. No. 04-3027 - Cumberland County C.C.P. Our File No. 11282.1 Dear Mr. Peterlin: With the U.S. Mail copy of this letter, we enclose Supplemental Answers to Interrogatories and Requests for Production. It should be clear to you, by now, that Pemfo is not a manufacturer but merely a distributor. This case is not being defended under an insurance policy and you have been provided with every discoverable piece of information that is relevant to your claim. I have included with the Supplemental Response to Request for Production a copy of the carrier's letter denying coverage to Pemfo. You do not have the right to that letter but, nonetheless, I am providing it. I am also providing transcripts of telephone messages left by your client that were recently provided to me. Also included with the original, is an original Verification page to our first discovery responses provided by Helen Folloni. Mrs. Folloni is currently, in Florida and expected to return to New England shortly. I will forward another original Verification page to replace my attorney's verification at that time. If you have any questions or concerns, please feel free to contact our office. Very truly yours, \M TSO 1 ESI%RD RFF WILLIAMS & OTTO A . _? David itzsimons DAF/mam Enclosures cc: Dennis J. Bonetti, Esquire (w/ enc.) Ms. Helen Folloni (w/ enc.) F\MLES\DATAFILE\Gmeral\Cur t\I 1282. I.ape Exhibit B 1', 1- U R 'd A T 1 1) N r'? I' I'. .? I r ?; O (' V C' •' VERIFICATION I, Helen Folloni, President of Pemfo Packaging Co., Inc., acknowledge I have the authority to execute this Verification on behalf of Pemfo Packaging Co., Inc., and certify the foregoing Answers to Interrogatories are based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of these Answers to Interrogatories are that of counsel and not my own. I have read the document and to the extent the Answers to Interrogatories are based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Answers to Interrogatories are that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Pemfo Packaging Co., Inc. rTT Helen Folloni, President F:MLES\DATAFI MGrn.BCurtrn1111282. I.. ?fl NIARTSON DHARDORFF WILLIAMS J'r ro MOW o (NKJRMA'T10N • ADVICH • ADVOCACY IO EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 243-3341 FACSIMILE (717) 243-1850 INTERNET www.mdwo.conl May 31, 2005 Albert N. Peterlin, Esquire GATES, HALBRUNER & HATCH, P.C. 1013 Mumma Road suite 100 Lemoyne, PA 17043 ATTORNEYS & COUNSELLORS AT LAW WILLIAM F. MARTSON JOHN B. FOWLER III DANIEL K. DEARDORFF THOMAS J. WILLIAMS* IVO V. OTTO III GEORGE B. FALLER JR. a' CARL C_ RIscH 'BOARD CP.RTMEI DAVID A. FITZSIMONS DAVID R. GALLOWAY ANTHONY T LUCIDO CHRISTOPHER E. RICE JENNIFER L. SPEARS HILLARY A. DEAN I CIVIL TRIAL SPECIALIST RE: Dana G. Gross t/d!b!a Mid-State GutterPro v. PEMFO Packaging Co., Inc. and Compass International, Inc. No. 04-3027 - Cumberland County C.C.P. Our File No. 11282.1 Dear Mr. Peterlin: Enclosed is the original Verification page of Helen Follom for you to substitute into the Supplemental Responses to discovery of Pemfo. I have also enclosed a letter forwarded to me by Michele Masscotte, who is an officer at Pemfo, responding to my request that they specifically review., one more time, the question of whether advice was given to your client regarding which screws to utilize. That letter is self- explanatory and I have forwarded it to you in lieu of a formal discovery supplement. If you require a formal supplement, please advise. To date, I have not received your Motion to Compel and will assume that you have revisited our responses and realize that you have everything that we have. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO j David A. Fitzsimons ' DAFlmam Enclosure cc: Dennis J. Bonetti, Esquire (w/ enc.) Ms. Michele Masscotte F\FILES\DATABLE\GeneaACunent\11282.I.a10 Exhibit C IN FORMATION ADV ICE ADVOCACY sm VERIFICATION I, Helen Folloni, President ofPemfo Packaging Co., Inc., acknowledge I have the authority to execute this Verification on behalf of Pemfo Packaging; Co., Inc., and certify the foregoing Supplemental Answers to Interrogatories are based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of these Supplemental Answers to Interrogatories are that of counsel and not my own. I have read the document and to the extent the Supplemental Answers to Interrogatories are based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Supplemental Answers to Interrogatories are that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Pemfo Packaging Co., Inc. Helen Folloni, President F MLMDATARLM3G erl\CuMnhl MIAe 2 may,23 05 09,18a Pemfo Packaging Co., Inc. 508-378-7504 p.2 Pernfo Packaging Co., Inc. 167 Laurel St. P.O. Box 543 91F East Bridgewater, MA 02333-0543 (508) 378-2800 FAX (508) 378-7504 May 23, 2005 Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 David A. Fitzsimons, In response to your letter dated May 19, 2005, we DO NOT give any of our customers any sort of direction as to what screws or rivets should be used for a particular job. The only employees that would answer and take orders would be either myself or Peter Folloni. Neither of us had this discussion with Mr. Gross. Thank you for all your help in regard to this situation, Please call if you need any further information. Sincerely, Michele Masscotte ?; n ?-_ c:? u; c> -n r- -? T In J _ __ i N ? .,_ .-? .. _ n., ?< DANA G. GROSS, trading and IN THE COURT OF COMMON PLEAS OF doing business as MID-STATE CUMBERLAND COUNTY, PENNSYLVANIA GUTERPRO, Plaintiff CIVIL ACTION-LAW VS. : NO. 04-3027 CIVIL PEMFO PACKAGING CO., INC., : and COMPASS INTERNATIONAL,: INC., JURY TRIAL DEMANDED Defendants IN RE: PLAINTIFF'S SECOND MOTION TO COMPEL DISCOVERY ORDER AND NOW, this day of September, 2005, argument on the plaintiff's second motion to compel discovery is set for Thursday, December 1, 2005, at 2:15 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Z,X(bert N. Peterlin, Esquire For the Plaintiff ,.(avid A. Fitzsimons, Esquire Xnnis J. Bonetti For the Defendants Arn 09 -13 -Q5 UJ r /P ? 9.13 ?y ?o???? ?'vn??a P Gates, Halbruner & Hatch, P.C. By: Albert Nicholas Peterlin, Esquire PA 84180 Byron L. McMasters, Esquire PA 92410 1013 Mumma Road Suite 100 Lemoyne, Pennsylvania 17043-1144 (717) 731-9600 telephone (717) 731-9627 telecopier b. mcmasters(cDgateslawfirm.com www.gateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing business as MID-STATE GUTTERPRO, CIVIL ACTION - LAW NO. 04-3027 Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT (RULE 1012(b)(2)(ii)1 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter the appearance of Byron L. McMasters, Esquire on behalf of Plaintiff, Dana G. Gross. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Byron L. McMasters, Esquire PA 92410 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 telecopier GATES, HALBRUN/?TCH, P.C. Date: 23 November 2005 By: Byr Masters, Esquire Attorneys for Plaintiff PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Withdraw the appearance of Albert N. P erlin, Es ?te Date: 23 November 2005 By: P rlirl, q 2 CERTIFICATE OF SERVICE I, Jeffrey L. Shaffer, Legal Assistant, hereby certify that a copy of the foregoing Substitution of Counsel Without Leave of Court (Rule 1012(b)(2)(ii)) has been served this day upon the following interested parties by United States first class mail, postage pre-paid, addressed as follows: David R. Fitzsimons, Esquire David R. Galloway, Esquire Martson Deardorff Williams & Otto Ten East High St. Carlisle, PA 17013-3015 Attorneys for Pemfo Packaging Co., Inc. Dennis J. Bonetti, Esquire Cipriani & Werner 1017 Mumma Road Lemoyne, PA 17043 Attorneys for Compass International, Inc. GATES, HALBRUNER & HATCH, P.C. Date: 23 November 2005 By: Je rfFrey L. Shaffer, L al Assistant Attorneys for Plaintiff ,-, _? r? _ _i to ? Vi ?iY .. ' A} a DANA G. GROSS, IN THE COURT OF COMMON PLEAS OF trading and doing business: as MID-STATE GUTTERPRO, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V NO. 04-3027 CIVIL TERM PEMFO PACKAGING CO., INC.,: and COMPASS INTERNATIONAL,: INC., Defendant JURY TRIAL DEMANDED IN RE: PLAINTIFF'S SECOND MOTION TO COMPEL DISCOVERY ORDER OF COURT AND NOW, this 1st day of December, 2005, on agreement of counsel, and with the hope that these matters can be amicably resolved, argument thereon is continued generally. By the Court, Mark E. Halbruner, Esquire For the Plaintiff David A. Fitzsimons, Esquire Dennis J. Bonetti, Esquire For the Defendants r t-71 't' :bg Gates, Halbruner & Hatch, P.C. By: Byron L. McMasters, Esquire PA 92410 Matthew J. Eshelman, Esquire PA 72655 1013 Mumma Road Suite 100 Lemoyne, Pennsylvania 17043-1144 (717) 731-9600 telephone (717) 731-9627 telecopier m.esheiman@gateslawfirm.com www.gateslawfirm.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA business as MI GUTTERPRO, CIVIL ACTION - LAW NO. 04-3027 Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT (RULE 1012(b)(21(ii)) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter the appearance of Matthew J. Eshelman, Esquire on behalf of Plaintiff, Dana G. Gross. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. Matthew J. Eshelman, Esquire PA 72655 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 telecopier /7 HATCH, P.C. Date: JAN 1 6 2006 By: MATTHEW J. ESHELMAN, Esquire Attomeys for Plaintiffs PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Withdraw the appearance of Byroi Date: I11?k6 By: 2 (? Y} (_ -_{ ._ T i --• S?,, r _,; r: C? c ' ?: . ,. Of Im 1% Gates, Halbruner & Hatch, P.C. By: Craig A. Hatch, Esq. PA76361 1013 Mumma Road Suite 100 Lemoyne, Pennsylvania 17043-1144 (717) 731-9600 telephone (717) 731-9627 telecopier c.hatch@gateslawfirm.com www.pateslawfirm.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA DANA G. GROSS trading and doing CIVIL ACTION - LAW business as MID-STATE GUTTERPRO, NO. 04-3027 Plaintiff, V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants. SUBSTITUTION OF COUNSEL WITHOUT LEAVE OF COURT (RULE 1012(b)(2) (ii)) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter the appearance of Craig A. Hatch, Esquire on behalf of Plaintiff, Dana G. Gross. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below. A% 1 Craig A. Hatch, Esq. PA76361 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043-1144 (717) 731-9600 (717) 731-9627 telecopier GATES, HALBRUNER & HATCH, P.C. Date: 4/16/2007 By/ Craig A. Hatch, Esquire Attorneys for Plaintiffs PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Withdraw the appearance of Matthew J. Date: `07 on behalf of Plaintiffs. J. Eshelman, Esquire 2 CERTIFICATE OF SERVICE Counsel for Plaintiff, Dana G. Gross, t/d/b/a Mid-State Gutterpro, hereby certifies that a true and correct copy of its Substitution of Counsel Without Leave of Court (Rule 1012(b)(2)(ii)) has been served on all counsel of record by first class mail, postage pre-paid, this 19`' day of April, 2007. Counsel of record include: David J. Bonetti, Esq. Mark R. Zogby, Esq. Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Counsel for Defendant, Compass International, Inc. David A. Fitzsimons, Esq. Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Counsel for Defendant, Pemfo Packaging Co., Inc. GATES, HALBRUNER & HATCH, P.C. By: Crai A. Hatch, Esquire Attorney ID.# 76361 1013 Mumma Road, Suite 100 Lemoyne, Pa 17043 Telephone: (717) 731-9600 ... {'1? 4 ?",, i? ??! 1-?? _r , ??.: ` ? , ?.,,? irt'? ?? ? ? . ,. r? Ar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DANA G. GROSS, trading and doing business as MID-STATE GUTTERPRO, Plaintiff V. PEMFO PACKAGING CO., INC. and COMPASS INTERNATIONAL, INC., Defendants CASE NO: 04-3027 JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the docket in the above-captioned matter as discontinued, ended, and settled. GATES, HALBRUNER & IAT CH BY: Craig Ha h, Esquire 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 CERTIFICATE OF SERVICE That counsel for the Defendants, COMPASS INTERNATIONAL, INC., hereby certifies that a true and correct copy of its PRAECIPE TO DISCONTINUE has been served on all counsel of record, by first class mail, postage re-paid, according to the Pennsylvania Rules of Civil Procedure, on the _/_5- day of 92007. 01- Craig Hatch, Esquire Gates, Halbruner & Hatch 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 David A. Fitzsimons, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Respectfully submitted, CIPRIANI & WERNER. P.C. BY: DE S J. BONETTI, ESQUIRE Cou sel for the Defendant, C PASS INTERNATIONAL, INC. .TI '7'