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HomeMy WebLinkAbout11-382020! 1 APR 20 PM 2: 20' IN THE COURT OF COMMON PLEAS CUMBERLAND NSYLVA ARTY CUMBERLAND COUNTY, PENNSYLVANIA CLAIR S. STUM AND SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., : Defendant NO. /1- CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE (11b 1) YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 ?? X11}iM?y?^?3I'??kl• J )6uut( J,. C'r /,V t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CLAIR S. STUM AND SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CLAIR S. STUM AND SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, NO. Plaintiffs V. CIVIL ACTION - LAW NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant JURY TRIAL DEMANDED COMPLAINT 1. The Plaintiffs, Clair S. Stum and Shirley M. Sum, are Co-Administrators of the Estate of Timothy Stum, deceased, and the parents of said Timothy Stum. 2. The Defendant New Enterprise Stone & Lime Company, Inc., (hereinafter Defendant New Enterprise) is a corporation organized under the law of the Commonwealth of Pennsylvania with its principle place of business in New Enterprise, Pennsylvania. 3. Defendant New Enterprise had entered into a contract with the Pennsylvania Turnpike Commission to perform work on the Pennsylvania Turnpike, including at or near mile marker 214. 1, in Cumberland County, Pennsylvania. 4. As part of its contractual obligations, Defendant New Enterprise was to widen the turnpike from two to three travel lanes eastbound. 5. It was also intended that the eastbound travel lanes be bounded by a paved berm. 6. Prior to May 13, 2009, Defendant New Enterprise had created new paved lanes along the turnpike eastbound at mile marker 214.1 to the south of the original eastbound travel lanes. 7. Defendant New Enterprise installed a concrete barrier dividing the new construction from the original travel lanes, but with an opening near mile marker 214.1 so that authorized traffic could travel between the original eastbound travel lanes and new construction. 8. Public traffic was not allowed to travel in the new construction area of the turnpike eastbound near mile marker 214.1 while construction proceeded. 9. At or near mile marker 214.1, there is also a service road south of the new construction which authorized construction vehicles could utilize. 10. Service roads were set up south of the new construction at different intervals along the east bound lanes while construction proceeded. 11. Access to the service roads was controlled by security guards employed by St. Moritz Security Services, Inc. 12. On May 13, 2009, at or near 6:00 p.m., Plaintiffs' decedent, Timothy Stum, signed in as a security guard employed by St. Moritz. He signed out at approximately 6:00 a.m. on May 14 after completing his shift. 13. Timothy Stum would drive to and from the sign in location via local roads, not by utilizing the turnpike. 14. During the morning hours of May 14, 2009, Defendant New Enterprise rerouted eastbound traffic onto the area of new construction, and closed the original eastbound lanes to traffic. 15. The new construction lanes were comprised of paved asphalt with a 32 inch high concrete barrier along the left lane. 16. There was no left lane shoulder on May 14, 2009. 2 17. The left lane measured 11 feet, 1 inch and the right lane measured 10 feet, 4 inches. 18. There was no right lane shoulder in the area west of the service road at mile marker 214.1 and a small shoulder measuring 4 feet, 7 inches east of the service road. 19. Following the shift in lanes, accessing the original eastbound lanes of travel required crossing the new construction, now open to public traffic. 20. A crossing guard platform was in place on the inside of the left concrete barrier, but crossing guards did not begin their shifts until 7:00 a.m. 21. At about 5:45 a.m. on the morning of May 16, 2009, Timothy Stum, utilizing back roads, left to work his shift for St. Moritz Security Services. 22. On that day, he signed in at approximately 6:15 a.m. and started to travel to mile marker 217.1 where he would guard the access gate. 23. In order to travel to mile marker 217. 1, Timothy Stum utilized the service road at mile marker 214.1 and traveled to its perpendicular intersection with the eastbound lanes of the Pennsylvania Turnpike. 24. Mr. Stum turned right onto what he believed to be the closed new construction area of the turnpike. 25. Mr. Stum was not told by anyone that the new construction area had become two lanes of eastbound travel open to the public. 26. There were no signs, warnings, postings, traffic control devices, or anything else which would have indicated to Mr. Stum, on that morning, that the new construction area had been turned into two lanes of eastbound travel open to the public. 3 27. Because it was only between 6:15 and 6:30 in the morning, no crossing guard was yet on duty who could have indicated to Mr. Stum that the new construction area had opened to traffic. 28. In addition, Mr. Stum's view of traffic approaching from his left would have been impeded by a dirt mound that was not removed until a day or two later. 29. Mr. Stum executed his right hand turn onto the newly opened eastbound lanes of the Pennsylvania Turnpike and his vehicle was struck by a tractor trailer on the driver's side of the Stum car. 30. Following the accident, Timothy Stum was pronounced deceased. 31. Traffic flow would have been very light on the date and at the time of the crash. 32. The concrete barrier separating the open closed areas of the Pennsylvania Turnpike was relatively low, and this would have made it difficult for the driver looking west to determine whether approaching traffic was traveling along the original travel lanes of the turnpike, or the new construction. 33. All of Plaintiffs' damages, as hereinafter related, are the direct and proximate result of the negligence of Defendant New Enterprise Stone & Lime Company, Inc. in that it, acting through its agents and employees: 1. Failed to verbally notify Mr. Stum prior to the commencement of his shift on May 16, 2009 that the new construction areas of the eastbound travel lanes had been open to public traffic. 2. Failed to notify Mr. Stum in writing, or by any other method, that the new construction lanes near mile marker 214 had been opened to public traffic. 3. Failed to post any sign, writing, warning, traffic control device, or 4 any other thing at or near the intersection of the service road at mile marker 214.1 that the new construction area had been opened to public traffic. 4. Failed to post an appropriate warning at any other location calculated to alert Mr. Stum to the shift in lanes. 5. Permitted a mound of dirt to rest near the intersection of the mile marker 214.1 service road and the now open new construction lanes of the Pennsylvania eastbound turnpike when Defendant and its employees knew, or should have known, that the mound of dirt would hinder visibility to the west, thereby making it more difficult to visualize oncoming traffic. 6. Utilized a low-standing concrete barrier between the open and closed portions of the Pennsylvania Turnpike eastbound near mile marker 214. 1, making it difficult for anyone turning east onto the newly opened lanes to tell whether eastbound traffic was actually situated in the original lanes or the newly constructed lanes. COUNT I - SURVIVAL ACTION CLAIR STUM AND SHIRLEY STUM AS CO-ADMINISTRATORS OF THE ESTATE OF TIMOTHY STUM, DECEASED V. NEW ENTERPRISE STONE & LIME COMPANY, INC. 34. Paragraphs 1 through 33 of this Complaint are incorporated herein by reference as if set forth at length. 35. Plaintiffs, Clair Stum and Shirley Stum, bring this action on behalf of the Estate of Timothy Stum, deceased, under and by virtue of 42 Pa. C.S.A. §8302. 36. Defendant, Enterprise Stone & Lime Company, Inc. is liable to the Estate of Timothy Stum for his injuries and damages as set forth herein. 5 37. Plaintiffs, Clair Stum and Shirley Stum, as Co-Administrators of the Estate of Timothy Stum, deceased, claim on behalf of said Estate, all damages suffered by said Estate by reason of the death of the decedent, including the decedent's medical expenses, pain and suffering the decedent underwent prior to his death, the decedent's loss of future earnings and earnings capacity and for any and all such other damages properly recoverable under 42 Pa. C.S.A.§8302. WHEREFORE, Plaintiffs, Clair Stum and Shirley Stum, as Co-Administrators of the Estate of Timothy Stump, deceased, demand judgment against Defendant, New Enterprise Stone & Lime Company, Inc., for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II - WRONGFUL DEATH CLAIR STUM AND SHIRLEY STUM AS CO-ADMINISTRATORS OF THE ESTATE OF TIMOTHY STUM, DECEASED V. NEW ENTERPRISE STONE & LIME COMPANY, INC. 38. Paragraphs 1 through 33 of this Complaint are incorporated herein by reference as if set forth at length. 39. Plaintiffs, Clair Stum and Shirley Stum, are the parents of the decedent, Timothy Stum, and are entitled to bring this wrongful death claim pursuant to 42 Pa. C.S.A. §8301. 40. Plaintiffs, Clair Stum and Shirley Stum, as Co-Administrators of the Estate of Timothy Stum, deceased, bring this action for the wrongful death of Timothy Stum, in their own right and on behalf of all other persons who may be entitled to recover damages under and by virtue of the Wrongful Death Act, 42 Pa. C.S.A. §8301. 6 41. Persons entitled by law to recover damages for such wrongful death include: Clair Stum Father 246 Mount Zion Road Carlisle, PA 17015 Shirley Stum Mother 246 Mount Zion Road Camp Hill, PA 17011 42. Decedent, Timothy Stum, did not bring an action for his injuries during his lifetime and no other action has been filed to recover damages for the wrongful death of Timothy Stum. 43. At the time of his death, Timothy Stum was only 36 years old. 44. Defendant, New Enterprise Stone & Lime Company, Inc. is liable to the aforementioned beneficiaries of Timothy Stum, for the injuries and damages as set forth herein. 45. As a direct and proximate result of the death of Timothy Stum, his family has suffered pecuniary losses and have been, and in the future will continue to be, deprived of the decedent's companionship, contribution, support, comfort, friendship, guidance, affection and services, all for which damages are claimed therefor. 46. As a direct and proximate result of the death of Timothy Stum, his family has incurred funeral, cremation, burial and related expenses, as well as expenses for the administration of the decedent's Estate, all for which claim is made therefor. 47. As a direct and proximate result of the death of Timothy Stum, his family make claims for all other damages recoverable under the Wrongful Death Act, 42 Pa. C.S.A. §8301. 7 WHEREFORE, Plaintiffs, Clair Stum and Shirley Stum, as Co-Administrators of the Estate of Timothy Stum, deceased, demand judgment against Defendant, New Enterprise Stone & Lime Company, Inc. for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Jos h . Melillo 1. No. 26211 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiffs Date: 8 VERIFICATION We, Clair S. Stum and Shirley M. Stum, verify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that this verification is made subject to the provisions of 18 Pa. C.S. §4904, relating to the unsworn falsification to authorities. Clair S. Stum JX hirley M. Stum Date: Oq ? of I I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. CASE NUMBER: 2011-3820 STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, ISSUE NUMBER: Plaintiffs PLEADING: V. NEW ENTERPRISE STONE & LIME COMPANY, INC., PRAECIPE FOR APPEARANCE CODE AND CLASSIFICATION: Defendant FILED ON BEHALF OF: c C=D -"z : zm r- cn> c NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant. COUNSEL OF RECORD: STEVEN D. SNYDER, ESQUIRE Pa. ID# 34344 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, CASE NO: 2011-3820 Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, NEW ENTERPRISE STONE & LIME COMPANY, INC., in the above-captioned matter. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: --EVEN D. SNYDE ESQUIRE ADAM L. SEIFERTH, ESQUIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED NEW ENTERPRISE STONE & LIME COMPANY, INC. CERTIFICATE OF SERVICE That counsel for the Defendant, NEW ENTERPRISE STONE & LIME COMPANY, INC., 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 2011. Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: L79 J?)A" 40?- STEVEN D. SNYDER,FSQUIRE ADAM L. SEIFERTH, ESQUIRE Counsel for the Defendant, NEW ENTERPRISE STONE & LIME COMPANY, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, CASE NUMBER: 2011-3820 c rnCD M ISSUE NUMBER: z? te r -- ? C? PLEADING: ' 5;c= ANSWER AND NEW MATTER OF -"-? DEFENDANT, NEW ENTERPRISE STONE & LIME CO., INC., TO PLAINTIFFS' COMPLAINT GU rn rY?? -urn ; c7?3 q° Q ? rn n rn -c Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant CODE AND CLASSIFICATION: FILED ON BEHALF OF: NEW ENTERPRISE STONE & LIME CO., INC., Defendant. COUNSEL OF RECORD: STEVEN D. SNYDER, ESQUIRE Pa. ID# 34344 ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 Ss IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, CASE NO: 2011-3820 Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant NOTICE TO PLEAD TO: Plaintiffs: You are hereby notified to plead to the enclosed New Matter within twenty (20) days iiom service hereof or a default judgment may be entered against you. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: , ST 9EEN-D. SNYDER, E UIRE ADAM L. SEIFERTH, ESQUIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED NEW ENTERPRISE STONE & LIME CO., INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, CASE NO: 2011-3820 Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant ANSWER AND NEW MATTER OF DEFENDANT, NEW ENTERPRISE STONE & LIME CO., INC., TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, New Enterprise Stone & Lime Co., Inc. (hereinafter "New Enterprise"), by and through its attorneys, Cipriani & Werner, and in response to Plaintiffs' Complaint avers as follows: 1. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 1 of Plaintiffs' Complaint and the same are therefore denied. 2. Admitted, except the correct name of the Defendant is New Enterprise Stone LPG Lime Co., Inc. 3. Admitted. 4. Denied as stated. The Plaintiffs' summary or characterization of the contract between the Pennsylvania Turnpike Commission and New Enterprise is denied because said contract, being a written document, speaks for itself. By way of further answer, it is admitted that the contract between the Pennsylvania Turnpike Commission and New Enterprise provided that, among other things, the Turnpike was to be widened from two to three travel lanes eastbound. 5. Denied as stated. It is admitted that the contract between the Pennsylvania Turnpike Commission and New Enterprise provided, among other things, that the eastbound travel lanes were to be bounded by a paved berm. 6. Denied as stated. It is admitted that prior to May 13, 2009, New Enterprise, pursuant to the terms of the contract with the Pennsylvania Turnpike Commission and subject to its specifications and approval, had created new paved lanes along the Turnpike eastbound at mile marker 214. 1, and elsewhere, to the south of the original eastbound travel lanes. 7. Denied as stated. It is admitted that New Enterprise, pursuant to the terms of the contract with the Pennsylvania Turnpike Commission and subject to its specifications and approval, installed a concrete barrier dividing the new construction from the original travel lanes, but with an opening near mile marker 214.1 so that authorized traffic and construction vehicles could travel as necessary within the construction zone. 8. Denied. It is denied that public traffic was not allowed to travel in the new construction area of the turnpike eastbound near mile marker 214.1 while construction proceeded. To the contrary, public traffic travelled through the construction area of the turnpike eastbound near mile marker 214.1 while construction proceeded at all times during the project on travel lanes designated for that purpose, with appropriate signage and markings, in accordance with the terms and conditions of the contract with the Pennsylvania Turnpike Commission. 9. Denied as stated. It is admitted that at or near mile marker 214. 1, there is a service road south of the eastbound lanes of the turnpike near the construction zone which authorized vehicles could utilize. 10. Denied as stated. It is admitted that pursuant to the terms of the contract with the Pennsylvania Turnpike Commission and subject to its specifications and approval, service roads were set up south of the construction zone at different intervals along the eastbound lanes while the construction project proceeded. 11. Admitted. 12. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 12 of Plaintiffs' Complaint and the same are therefore denied. By way of further answer, it is admitted that Timothy Stum was employed as a security guard by St. Moritz. 13. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 13 of Plaintiffs' Complaint and the same are therefore denied. 14. Denied as stated. It is admitted that during the morning hours of May 14, 2009, New Enterprise, pursuant to the terms of the contract with the Pennsylvania Turnpike Commission and subject to its specifications and approval, rerouted eastbound traffic onto an area of new construction, and closed the original eastbound lanes to public traffic. 15. Admitted. 16. Admitted. 17. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 17 of Plaintiffs' Complaint and the same are therefore denied. 18. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 18 of Plaintiffs' Complaint and the same are therefore denied. 19. Denied as stated. It is admitted that following the shift in lanes, authorized personnel working on the project that needed to access the original eastbound lanes of travel would be required to cross the new eastbound lanes, now open to public traffic. 20. Denied as stated. It is admitted that a crossing guard platform was in place to the left of the concrete barrier and the crossing guards did not begin their shifts until 7:00 a.m. 21. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 21 of Plaintiffs' Complaint and the same are therefore denied. 22. Denied as stated. It is admitted that Plaintiffs' decedent signed in at approximately 6:15 a.m. With respect to any remaining averments set forth in paragraph 22 of Plaintiffs' Complaint, after reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are deemed denied. 23. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 23 of Plaintiffs' Complaint and the same are therefore denied. 24. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 24 of Plaintiffs' Complaint and the same are therefore denied. 25. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 25 of Plaintiffs' Complaint and the same are therefore denied. 26. Denied. The averments contained in paragraph 26 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, the work performed by New Enterprise on the project, including, but not limited to signs, warnings, postings, traffic control devices, or other similar items, was performed in accordance with and pursuant to the terms of the contract with the Pennsylvania Turnpike Commission and subject to its specifications and approval. 27. Denied as stated. It is admitted the accident occurred between 6:15 and 6:30 in the morning and that the crossing guards started their shift at 7:00 a.m. Any remaining averments set forth in paragraph 27 of the Plaintiffs' Complaint are denied pursuant to Pa.R.C.P. 1029(e). 28. Denied. The averments contained in paragraph 28 are denied pursuant to Pa.R.C.P. 1029(e). 29. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 29 of Plaintiffs' Complaint and the same are therefore denied. 30. Admitted. It is admitted that Timothy Stum was pronounced dead at the scene. 31. Denied. The averments contained in paragraph 31 are denied pursuant to Pa.R.C.P. 1029(e). 32. Denied. The averments contained in paragraph 32 are denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, the barriers that were used were in accordance with and pursuant to the terms of the contract with the Pennsylvania Turnpike Commission and subject to its specifications and approval. 33. Denied. New Enterprise is advised by counsel and therefore avers that the allegations contained in paragraph 33 including subparagraphs (1) through (6) inclusive state conclusions of law to which no answer is required. To the extent a further answer is required, the averments contained in paragraph 33 including subparagraphs (1) through (6) inclusive are denied pursuant to Pa.R.C.P. 1029(e). COUNT I - SURVIVAL ACTION CLAIR STUM AND SHIRLEY STUM, AS CO-ADMINISTRATORS OF THE ESTATE OF TIMOTHY STUM, DECEASED v. NEW ENTERPRISE STONE & LIME CO., INC_ 34. Paragraphs 1 through 33 hereof are incorporated herein by reference as if set forth in full. 35. Denied. New Enterprise 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. To the extent that a further answer is required, the averments contained in paragraph 35 are denied pursuant to Pa.R.C.P. 1029(e). 36. Denied. The averments contained in paragraph 36 are denied pursuant to Pa.R.C.P. 1029(e). 37. Denied. New Enterprise is advised by counsel and therefore avers that the allegations contained in paragraph 37 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 37 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, New Enterprise Stone & Lime Co., Inc., requests that judgment be entered in its favor and against the Plaintiffs and that Plaintiffs' Complaint be dismissed with prejudice. COUNT II - WRONGFUL DEATH CLAIR STUM AND SHIRLEY STUM. AS CO-ADMINISTRATORS OF THE ESTATE OF TIMOTHY STUM, DECEASED v. NEW ENTERPRISE STONE & LIME CO., INC. 38. Paragraphs 1 through 37 hereof are incorporated herein by reference as if set forth in full. 39. Denied. New Enterprise 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. To the extent that a further answer is required, the averments contained in paragraph 39 are denied pursuant to Pa.R.C.P. 1029(e). 40. Denied. New Enterprise is advised by counsel and therefore avers that the allegations contained in paragraph 40 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 40 are denied pursuant to Pa.R.C.P. 1029(e). 41. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 41 of Plaintiffs' Complaint and the same are therefore denied. By way of further answer, the averments contained in paragraph 41 are denied pursuant to Pa.R.C.P. 1029(e). 42. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 42 of Plaintiffs' Complaint and the same are therefore denied. 43. Denied. After reasonable investigation, New Enterprise is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 43 of Plaintiffs' Complaint and the same are therefore denied. 44. Denied. New Enterprise 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. To the extent that a further answer is required, the averments contained in paragraph 44 are denied pursuant to Pa.R.C.P. 1029(e). 45. Denied. New Enterprise 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. To the extent that a further answer is required, the averments contained in paragraph 45 are denied pursuant to Pa.R.C.P. 1029(e). 46. Denied. New Enterprise is advised by counsel and therefore avers that the allegations contained in paragraph 46 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 46 are denied pursuant to Pa.R.C.P. 1029(e). 47. Denied. New Enterprise is advised by counsel and therefore avers that the allegations contained in paragraph 47 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 47 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, New Enterprise Stone & Lime Co., Inc., requests that judgment be entered in its favor and against the Plaintiffs and that Plaintiffs' Complaint be dismissed with prejudice. NEW MATTER 48. Paragraphs 1 through 47 hereof are incorporated herein by reference as if set forth in full. 49. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 50. Plaintiffs' claims may be barred by the applicable statute of limitations. 51. Any damages Plaintiffs may recover in this action should be reduced or barred, in whole or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Act, as amended. 52. Plaintiffs' 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 third parties for whom the Defendant is not liable or otherwise legally responsible. 53. Plaintiffs' claims are or may be reduced or barred by the doctrines of comparative negligence and/or contributory negligence, as may be revealed during discovery. 54. New Enterprise was the statutory employer of Plaintiffs' decedent under the facts and circumstances of the case and, therefore, it is immune from suit. 55. Defendant, New Enterprise, entered into a contract with the Pennsylvania Turnpike Commission, a governmental entity, and performed its work on the project pursuant to and in accordance with the terms of contract documents and subject to the specifications and approval of the Pennsylvania Turnpike Commission at all times material hereto. 56. Defendant, New Enterprise, was a government contractor, and having followed and met the terms and conditions of its contractual obligations, was not negligent in any manner and, therefore, is not legally liable or responsible to the Plaintiffs under the facts and circumstances of this case. WHEREFORE, Defendant, New Enterprise Stone & Lime Co., Inc., requests that judgment be entered in its favor and against the Plaintiffs and that Plaintiffs' Complaint he dismissed with prejudice. Respectfully submitted, CIPRIANI & WERNER, P.C. r Alp BY: STEVEN D. SNYDE SQUIRE ADAM L. SEIFERTH, ESQUIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED NEW ENTERPRISE STONE & LIME CO., INC. VERIFICATION I hereby affirm that the following facts are correct: New Enterprise Stone & Lime Co., Inc., is a Defendant in the foregoing action. The attached Answer and 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 lawsuit. The language of the Answer and New Matter is that of counsel and not of me. I have read the Answer and New Matter and to the extent that the Answer and 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 Answer and New 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 Answer and New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: 6 Z7' ?_ kz? -- 9 A ' 4=? OE uth i -bd Representative of New Enterprise Sto & Lime Co., Inc. CERTIFICATE OF SERVICE That counsel for the Defendant, NEW ENTERPRISE STONE & LIME CO., INC., hereby certifies that a true and correct copy of its ANSWER AND NEW MATTER OF DEFENDANT, NEW ENTERPRISE STONE & LIME CO., INC., TO PLAINTIFFS' COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid, accor 'ng to the Pennsylvania Rules of Civil Procedure, on the 7 day of 2011. Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Respectfully submitted, CIPRIANI & WERNER, P.C. i BY: ?.i STEVEN D. SNYDE ESQUIRE ADAM L. SEIFERTH, ESQUIRE Counsel for the Defendant, NEW ENTERPRISE STONE & LIME CO., INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CLAIR S. STUM AND SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant NO. 11-3820 CIVIL ACTION - LAW JURY TRIAL DEMANDED '- 'l E. PROTHONOTAk' " 27f 1 AIL 12 ABM 11: 54, CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT AND NOW, come the Plaintiffs, Clair S. Stum and Shirtly M. Stum, as Co- Administrators of the Estate of Timothy Stum, deceased, by and through their attorneys, Navitsky, Olson & Wisneski LLP, and hereby enter the following Reply to the New Matter of Defendant: 48. No reply required. 49. Defendant states a conclusion of law to which no reply is required. 50. Defendant states a conclusion of law to which no reply is required. By way of further response, Plaintiffs' action was initiated within the applicable of statute of limitations. 51. Defendant states a conclusion of law to which no response is required. 52. Defendant states a conclusion of law to which no response is required. By way of further response, Plaintiffs' losses were caused by Defendant's negligence for the reasons stated in Plaintiffs' Complaint. 53. Defendant states a conclusion of law to which no response is required. 54. Defendant states a conclusion of law to which no response is required. By way of further response, New Enterprise was not the Plaintiffs' decedent's statutory employer and is not immune from suit. 55. Defendant states a conclusion of law to which no response is required. By way of further response, after reasonable investigation, Plaintiffs are unable to admit nor deny the allegations of this averment and strict proof thereof is required if relevant. 56. Defendant states a conclusion of law to which no response is required. By way of further response, after reasonable investigation, Plaintiffs are unable to admit nor deny the allegations of this averment and strict proof thereof is required if relevant. WHEREFORE, Plaintiffs respectfully requests that judgment be entered in favor of the Plaintiffs. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP cnf . Y-t/v IJ epf7 M. Melillo, Esquire A I.D. No. 26211 Duane S. Barrick, Esquire PA I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 (phone) 717/541-9206 (fax) jmelillo@nowllp.com dbarrick@nowllp.com Counsel for Plaintiffs Date: July 11, 2011 2 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss I, Joseph M. Melillo, Esquire, being duly sworn according to law, depose and say that I am counsel for Plaintiffs and that I am authorized to make this Affidavit on behalf of said Plaintiffs, and that the facts set forth in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief or, are true and correct based on the information obtained from the Plaintiffs. Date: C 7 ! J I . Mtd Joseph M. Melillo Sworn to and subscribed before me this I/ft1 day of v k , 2011. n h (? Notary Public My Commission expires: IAOMMALTH OF Lob E. S/ovlhr, Nororyr P'6k 5wgwhanw Twp., Dawphw Commy My C*-"W- ERP11- Momb 28, 2013 Maur, AamY&O, 1. Amdarian of N.,-i-- CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to New Matter was served upon the following persons by first-class United States mail, postage prepaid on July 11, 2011, as follows: Steven D. Snyder, Esquire Adam L. Seiferth, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Counsel for Defendant V Lois A4u" r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, CASE NUMBER: 2011-3820 ISSUE NUMBER: PLEADING: CERTIFICATE PREREQUISITE TO'"' SERVICE OF SUBPOENA PURSUANT-: TO RULE 4009.22 Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant CODE AND CLASSIFICATION: FILED ON BEHALF OF: NEW ENTERPRISE STONE & LIME CO., INC., Defendant. COUNSEL OF RECORD: STEVEN D. SNYDER, ESQUIRE Pa. ID# 34344 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, CASE NO: 2011-3820 Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants, by and through their attorneys, certifies that: (1) A notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoenas are sought to be served, (2) a copy of the notice of intent, including the proposed subpoenas, are attached to this certificate, (3) no objections to the subpoenas have been received, and (4) the subpoenas which will be served is identical to the subpoenas which is attached to the notice of intent to serve the subpoenas. CIPRIANI & WERNER, P.C. BY: C'? C;??4?4 T VEN D. SNYDER SQUIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED NEW ENTERPRISE STONE & LIME CO., INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. CASE NUMBER: 2011-3820 STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, ISSUE NUMBER: Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant PLEADING: NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 CODE AND CLASSIFICATION: FILED ON BEHALF OF: NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant. COUNSEL OF RECORD: STEVEN D. SNYDER, ESQUIRE Pa. ID# 34344 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, CASE NO: 2011-3820 Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant NOTICE OF INTENT TO SERVE SUBPOENAS TO-PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 400911 Defendants intend to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objection to the subpoenas. If no objection is made, the subpoenas may be served. Respectfully submitted, CIPRIANI & WERNER, P.C. BY: STEVEN D. SNYDE ESQUIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED NEW ENTERPRISE STONE & LIME COMPANY, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. STUM, as ) CASE NO: 2011-3820 Co-Administrators of the Estate of TIMOTHY ) STUM, Deceased, ) Plaintiffs ) V. ) NEW ENTERPRISE STONE & LIME ) COMPANY, INC., ) Defendant ) SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Dr. Paul G. Varahrami, Carlisle Internal Medicine, 3 Sprint Drive, Carlisle, PA 17015 Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: A complete copy of any and all medical records, reports, diagnostic studies, test results, and correspondence regarding Timothy C. Stum - DOB: 12/13/1972. at: Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Steven D. Snyder, Esquire ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 TELEPHONE: (717) 975-9600 SUPREME COURT ID # 34344 ATTORNEY FOR: Defendant BY THE COURT: Date: Seal of the Court Prothonotary, Civil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CLAIR S. STUM and SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, Plaintiffs V. NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant CASE NO: 2011-3820 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Carlisle Regional Medical Center, 361 Alexander Spring Road, Carlisle, PA 17015 Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: A complete copy of any and all medical records, reports, diagnostic studies, test results, and correspondence regarding Timothy C. Stum - DOB: 12/13/1972. at: Cipriani & Werner, 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its serv ice, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Steven D. Snyder, Esquire ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 TELEPHONE: (717) 975-9600 SUPREME COURT ID # 34344 ATTORNEY FOR: Defendant BY THE COURT: Date: Seal of the Court Prothonotary, Civil Division Deputy CERTIFICATE OF SERVICE That counsel for the Defendant, NEW ENTERPRISE STONE & LIIVIE COMPANY, INC., hereby certifies that a true and correct copy of its NOTICE OF INTENT TO SERVE SUBPOENAS 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 Al day of 2yldw== )2012. ell Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: j 9?all STEVEN D. SNYD ESQUIRE Counsel for the Defendant, NEW ENTERPRISE STONE & LIME COMPANY, INC. CERTIFICATE OF SERVICE That counsel for the Defendant, NEW ENTERPRISE STONE & LIME CO., INC., hereby certifies that a true and correct copy of its CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENA PURSUANT TO RULE 4009.22 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 a h Q 12012. Joseph M. Melillo, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: STEVEN D. SNYDE ESQUIRE Counsel for the Defendant, NEW ENTERPRISE STONE & LIME CO., INC. r•-q -s' fir) . y' (. l --_{ .,-v --o IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • CLAIR S. STUM AND SHIRLEY M. STUM, as Co-Administrators of the Estate : of TIMOTHY STUM, Deceased, : NO. 11-3820 • Plaintiffs v. • CIVIL ACTION— LAW • • NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant : JURY TRIAL DEMANDED PLAINTIFFS' NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intent to serve a subpoena identical to the one attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objections to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP �4 . Melillo,'Esquire I.D. No. 26211 Duane S. Barrick, Esquire PA I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 (phone) 717/541-9206 (fax) jmelillo @nowllp.com dbarrick @nowllp.com Counsel for Plaintiffs Date: 0-1103 (3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • CLAIR S. STUM AND SHIRLEY M. STUM, as Co-Administrators of the Estate : of TIMOTHY STUM, Deceased, : NO. 11-3820 • Plaintiffs v. • CIVIL ACTION— LAW • • NEW ENTERPRISE STONE & LIME • COMPANY, INC., Defendant : JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Commissioner of the Pennsylvania State Police,Custodian of Records, 1800 Elmerton Avenue, Harrisburg, PA 17110-9758 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: 1. The full Commonwealth of Pennsylvania Police Crash Report for incident#T05- 5028456 investigated by the Newville State Police. 2. Any photographs or videos taken in connection with the police investigation. 3. All investigating officers field notes and diagrams. 4. Saint Moritz gate guard sign in and out sheet. 5. New Enterprise foreman's daily log dated May 14, 2009. at Navitsky, Olson & Wisneski, LLP, 2040 Linglestown Road, Suite 303, Harrisburg, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson& Wisneski LLP hereby certify that a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served upon the following persons by first-class United States mail,postage prepaid on July 3, 2013, as follows: Steven D. Snyder, Esquire Adam L. Seiferth, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Counsel for Defendant Lois '1. ►ffer IN THE COURT OF COMMON PLEAS rn r-n Fir CUMBERLAND COUNTY, PENNSYLVANIA 2:F: mac) Cn C3 r- CLAIR S. STUM AND SHIRLEY M. C5 -- o-=•. C-) =-- ;z;:, STUM, as Co-Administrators of the Estate .:z CD CD C_- rQ of TIMOTHY STUM, Deceased, NO. 11-3820 y C:) Plaintiffs V. CIVIL ACTION—LAW NEW ENTERPRISE STONE& LIME COMPANY,INC., Defendant JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE To SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs certify that: I A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served. 2. A copy of the Notice of Intent, including the proposed subpoena, is attached to this Certificate. 3. No objections to the subpoena have been received (see attached correspondence). 4. The subpoena which will be served is identical to the subpoena which is attached to the Notice of Intent to Serve a Subpoena. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP 4o�s e�pW. Melillo, PA I.D. No. 26211 Duane S. Barrick, Esquire PA I.D. No. 77400 2040 Linglestown Road, Suite 303 (717) 541-9205 Date: Counsel for Plaintiffs CIPRIANI & WERNER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Pittsburgh Office: 1011 Mumma Road,Suite 201 Telephone(412)563-2500 STEVEN D. SNYDER Lemoyne,Pennsylvania 17043-1145 Philadelphia Office: Telephone(61 U)567-0700 ssnyder @c-wlaw.com Telephone(717)975-9600 Fax:(717)975-3846 Scranton Office: Telephone(570)347-0600 www.C-WLAW.com Mk Laurel Office: Telephone(856)761-0725 Wheeling Office: Telephone(304)232-3600 Charleston Office: Telephone(304)341-0500 July 9, 2013 ___Joseph M. Melillo, Esquire Navitsky, Olson&',Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 RE: Clair S. Stum and Shirley M. Stum, as Co-Administrators of the Estate of Timothy Stum,Deceased v. New Enterprise Stone &Lime Company, Inc. Claim No.: P 49C00062101 Our File No.: 1144-27956H Dear Joe: I have no objection to your subpoena directed to the Pennsylvania State Police and I am willing to waive the twenty-day waiting period. Please provide me with copies of the documents you receive in response to your subpoena. Please call if you have any questions. Sincer ly, Steven D. Snyder SDS/ekh IN THE COURT OF COMMON PLEAS MM M CUMBERLAND COUNTY, PENNSYLVANIA r CLAIR S. STUM AND SHIRLEY M. > CD° ,rte- C, STUM, as Co-Administrators of the Estate of TIMOTHY STUM, Deceased, NO. 11-3820 sC) � Q r: Plaintiffs _K - _ V' CIVIL ACTION—LAW NEW ENTERPRISE STONE & LIME COMPANY, INC., Defendant JURY TRIAL DEMANDED PLAINTIFFS'NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intent to serve a subpoena identical to the one attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned any objections to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, NAVITSKY, OLSON& WISNESKI LLP Jo . ..Melillo, Esquire I.D. No. 26211 Duane S. Barrick, Esquire PA I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 (phone) 717/541-9206 (fax) jmelillo @nowllp.com dbarrick @nowllp.com Date: Q�103 I t 3 Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CLAIR S. STUM AND SHIRLEY M. STUM, as Co-Administrators of the Estate of TIMOTHY STUM,Deceased, NO. 11-3820 Plaintiffs V. CIVIL ACTION—LAW NEW ENTERPRISE STONE &LIME COMPANY, INC., Defendant JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 To: Commissioner of the Pennsylvania State Police,Custodian of Records, 1800 Elmerton Avenue, Harrisburg,PA 17110-9758 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the Court to produce the following documents or things: I The full Commonwealth of Pennsylvania Police Crash Report for incident#T05- 5028456 investigated by the Newville State Police. 2. Any photographs or videos taken in connection with the police investigation. 3. All investigating officers field notes and diagrams. 4. Saint Moritz gate guard sign in and out sheet. 5. New Enterprise foreman's daily log dated May 14,2009. at Navitsky, Olson&Wisneski,LLP,2040 Linglestown Road, Suite 303,Harrisburg,PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies,or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Joseph M.Melillo Esquire ADDRESS: Navitsky, Olson &Wisneski LLP 2040 Lin lestown Road Suite 303,Harrisburg PA 17110 TELEPHONE. (717) 541-9205 SUPREME COURT I.D.# 26211 ATTORNEY FOR: Plaintiffs BY THE COURT: Prothonotary, Civil Division Date: Seal of the Court Deputy 2 CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson &Wisneski LLP hereby certify that a true and correct copy of the foregoing Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21 was served upon the following persons by first-class United States mail,postage prepaid on July 3, 2013, as follows: Steven D. Snyder, Esquire Adam L. Seiferth, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Counsel for Defendant Lois ffer CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm ofNavitsky, Olson& Wisneski LLP hereby certify that a true and correct copy of the foregoing Plaintiffs, Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 was served upon the following persons by first-class United States mail,postage prepaid on July 11, 2013, as follows: Steven D. Snyder, Esquire Adam L. Seiferth, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Counsel for Defendant I Lois Stau