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HomeMy WebLinkAbout12-3313r- `tl {? .l f 7' "1 ANGINO & FIOVNER, P.C. Richard C. Angino, Esquire Attorney ID# :'', 07140 Kristen N. SinO, Esquire Attorney ID#: 1311381 4503 North Front Street Harrisburg, PA,' 17110-1708 (717)238-679 FAX (717) 23 -5610 E-mails: rca@ gino-rovner.com ksinis' (a)angino-rovner. corn DAVID LIU and SHERRI K?MME husband and wife, v. Plaintiffs EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. ) d "3313 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED 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) calendar 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 or objections to the claims set forth against you. You are warned that if you fail to do sot 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE I YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 1013 800-990-9108 NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las sigurentes PAGINAS, USTED TIENEN QUE TOMAR ACCION DENTRO VEINTE (20) dias naturales despues que esta Demanda y Aviso es servido, con entrando por escrito Tuna aparencia personalmente o por un aborgado y archivando por escrito con la Corte sus defenses o objections a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacgrio el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted pro la Corte sin mas aviso por cualquier dinero reclamando en la Demanda o por cualquier otro reclamo o 4livio solicitado por Demandante. Usted puede perder dinero o propiedad o ostros derechos imjportante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGANDO ENSEGUIDA. SI USTED NO TIENF, UN ABORGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGOR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 1013 800-990-9108 ANGINO & RpVNER, P.C. Richard C. Angino, Esquire Attorney ID# : 07140 Kristen N. Sini$i, Esquire Attorney ID#: 311381 4503 North Front Street Harrisburg, PA' 17110-1708 (717) 238-6791 FAX (717) 238x5610 E-mails: rca@angino-rovner.com ksinisi@angino-rovner.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA DAVID LIU and SHERRI KIMME husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants NO. Attorneys for Plaintiffs CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, David Liu and Sherri Kimmel, husband and wife, by and through their attorneys, Angino & Rovner, P.C., and file their Complaint, stating as follows: PARTTFQ Plaintiff, David Liu (hereinafter, "Mr. Liu"), is an adult individual over the age of eighteen years old who resides at 112 Hillside Road, Mechanicsburg, Pennsylvania. 2. Plaintiff, Sherri Kimmel (hereinafter, "Ms. Kimmel"), is an adult individual over the age of eighteen years old who is the wife of David Liu and who resides at 112 Hillside Road, Mechanicsburg, Pennsylvania. 3. Upon information and belief, Grupo Modelo, S.A. de C.V. (hereinafter, "Grupo Modelo") is a Mexican corporation, with its principal place of business in Mexico City, Mexico. 4. Upon information and belief, by and through its subsidiaries and affiliates, known as the Grupo Modelo family of companies, Grupo Modelo produces beer products marketed in the Unites States and throughout the world under the names Corona Extra, Corona Light, Modelo Especial, and others (hereinafter, "Grupo products"). 5. Upon information and belief, Defendant Extrade II, S.A. de C.V. (hereinafter, "Extrade I1") is, and at all times relevant hereto was, a sociedad anonima de capital variable, a corporation, organized under the laws of the Country of Mexico, having its principal place of business at Lago Alberto No. 156, Col. Anahuac, Delegacion Miguel Hidalgo, Mexico City, 11320 Mexico D.F. 6. Upon information and belief, Extrade II is a wholly owned subsidiary of the Grupo Modelo family of companies, which collectively, and at all times relevant hereto, control the brewing, manufacturing, bottling, packaging, and sale and exportation of all Grupo products, including Corona Extra. 7. Upon information and belief, Extrade II was formed in or about 2007 to act on behalf of the Grupo Modelo family of companies as the supplier and exporter of Grupo products, 499250 2 including Corona Extra, to be exported to and sold in the United States, and specifically, in the Commonwealth of Pennsylvania. 8. Upon information and belief, Defendant Crown Imports, LLC (hereinafter, "Crown") is, and at all times relevant hereto was, a limited liability company authorized and existing under the laws of the State of Delaware, having its principal place of business at 1 South Dearborn Street, Suite 91700, Chicago, Illinois 60603, and having a registered address for service in Wilmington, Delaware. 9. Upon information and belief, Defendant Crown is a 50/50 joint venture corporation; which was formed in 2007 between Grupo Modelo and Defendant Constellation Brands, Inc, (hereinafter, "Constellation") 10. Upon information and belief, Defendant Crown was formed for the sole purpose of importing Corona beer products into the United States from Mexico and marketing, distributin& and selling them throughout the United States, including in the Commonwealth of Pennsylvania. 11. Upon information and belief, Defendant Constellation is, and at all times relevant hereto was,' a corporation authorized and existing under the laws of the State of Delaware, which has its principal place of business at 207 High Point Drive, Building 100, Victor, New York 14564, and !,having a registered address for service in Wilmington, Delaware. 12. Upon information and belief, Defendant Constellation is an international beverage alcohol producer, importer, and marketer. 13. Upon information and belief, in or about 2007, Defendants Crown and Extrade II entered into an Importer Agreement ("2007 Agreement"), which governs, and at all times relevant hereto, governed: 499250 3 (a) the supplying of Modelo products, including Corona Extra, from Defendant Extrade II in Mexico to Defendant Crown and/or Constellation; (b) the importation of Modelo products, including Corona Extra, from Defendant Extrade II in Mexico to Defendant Crown and/or Constellation in the United States; (c) the supplying and/or distribution of Modelo products, including Corona Extra, throughout the United States and in the Commonwealth of Pennsylvania; and (d) the marketing and sale of Modelo products, including Corona Extra, throughout the United States and in the Commonwealth of Pennsylvania. 14. Upon information and belief, as per the 2007 Agreement, and on behalf of the Grupo Modelo family of companies, Defendant Extrade II has, and at all times relevant hereto, had, the exclusive right to sell Grupo products for export to the United States. 15. Upon information and belief, as per the 2007 Agreement, and on behalf of the Grupo Modelo family of companies, Defendant Extrade II granted to Defendant Crown and/or Constellation the exclusive right to sell Groupo products, including Corona Extra beer, within the United States, including for resale. 16. Upon information and belief, as per the 2007 Agreement, and on behalf of the Grupo Modelo family of companies, Defendant Extrade II agreed to supply and/or export to Defendant (Crown and/or Constellation Groupo products, including Corona Extra, for sale within the United (States, including the Commonwealth of Pennsylvania. 499250 4 17. Upon information and belief, as per the 2007 Agreement, Defendants Crown and Constellation are, and at all times relevant hereto were, the exclusive importers of Corona Extra beer products into the United States. 18. Upon information and belief, as per the 2007 Agreement, Defendants Crown and Constellation are, and at all times relevant hereto were, the exclusive distributors of Corona Extra beer products in the Commonwealth of Pennsylvania. 19. Upon information and belief, the 2007 Agreement was in effect on May 30, 2010, the date on ''which Mr. Liu was injured by a bottle of Corona Extra, which exploded (hereinafter, "the subject bottle"). 20. The subject bottle bore the following identifying information: bottle neck: ".... 88", bar cede: "0 806614"; "Made in Mexico"; .... .... TED BY CROWN IMPORTS LLC, CHICAGOb IL 60603"; on cap: "CORONA Extra" and "Mexico D.E." 21. Upon information and belief, the 2007 Agreement was in effect on the date the subject bottle was imported into the United States prior to May 30, 2010. 22. Upon information and belief, the importation of the subject bottle took place pursuant to the 2007 Agreement between Defendants Extrade II and Crown/Constellation. 23. Upon information and belief, pursuant to the 2007 Agreement, Defendant Extrade II supplied, and Defendant Crown/Constellation imported and distributed, the subject bottle which was contained in a case of Corona Extra. 24. Upon information and belief, Defendant Constellation provided licensing to Defendant (Crown for Crown's sale and/or distribution of Groupo products, including Corona Extra, in the United States and in the Commonwealth of Pennsylvania. 499250 5 25. Upon information and belief, Defendant Crown supplies, and at all times relevant hereto supplied, Corona Extra products, including the subject bottle, to Defendant Wilsbach Distributors, Inc. (hereinafter, "Wilsbach"), an Anheuser Busch wholesale beverage distributor whose territory includes Central Pennsylvania, and which supplies directly to retail stores. 26. Upon information and belief, Defendant Wilsbach is, and at all times relevant hereto was, a corporation authorized and existing under the laws of Pennsylvania, which regularly does business in Cumberland County, Pennsylvania, and which has a principal place of business at 1905 Katie Court, Harrisburg, PA 17109. 27. Upon information and belief, Defendant Wilsbach regularly conducts business in Cumberland County, Pennsylvania, as it supplies/resells, and at all times relevant hereto supplied/resold, Corona Extra products, including the subject bottle, to Defendant Theodoratos Quality Imports, Inc. d/b/a Carlisle Beverage Express (hereinafter, "Beverage Express"), a retail distributor. 28. Upon information and belief, Defendant Beverage Express is, and at all times relevant hereto was, a corporation authorized and existing under the laws of Pennsylvania, having its }principal place of business at 1021 Ritner Highway, Carlisle, Pennsylvania 17013, and having a registered address for service in Mechanicsburg, Pennsylvania. 29. Upon information and belief, at all times relevant hereto, Defendants Extrade II, Crown, and Constellation derived substantial revenue from exporting, importing, supplying, distributing, marketing, and selling Corona Extra in the United States, and specifically, in the Commonwealth of Pennsylvania. 499250 6 30. Upon information and belief, Defendants Extrade 11, Crown, and Constellation regularly market towards and conduct and solicit business in the Commonwealth of Pennsylvania. 31. Upon information and belief, at all times relevant hereto, Defendant Extrade II's conduct in ! supplying and exporting Groupo products, including Corona Extra beer, from the Country of Mexico to the United States and the Commonwealth of Pennsylvania for sale, subjects it to consequences within the United States, and specifically, in the Commonwealth of Pennsylvania. 32. Upon information and belief, at all times relevant hereto, Defendant Extrade II committed tortious acts within the Country of Mexico which brought about injury and/or consequences in the United States, and specifically, in the Commonwealth of Pennsylvania. 33. Defendants Extrade II, Crown, Constellation, Wilsbach, and Beverage Express are corporations which have subjected themselves to the personal jurisdiction of this Court. FACTS 34. On the afternoon of May 30, 2012, Mr. Liu drove to a field in Carlisle, PA, to meet several of his friends to play soccer. 35. Upon arriving at the field and parking his vehicle, he observed his friend, Robert Walter (hereinafter, "Mr. Walter"), standing next to the back of his truck, about twenty feet away, and approached him. 36. Earlier that day, before arriving at the field, Mr. Walter had purchased a case of Corona Extra beer, which contained the subject bottle, from Defendant Beverage Express. 37. When Mr. Liu arrived at Mr. Walter's truck, he stood to the left (driver's side) of the tailgate!, talking to Mr. Walter who kneeled on or near the lowered tailgate of his truck. 499250 7 38. While they spoke, Mr. Walter opened the case of Corona Extra he purchased. 39. With Mr. Walter's right hand, he reached into the box, grasped the tops of two Corona Extra bottles, and lifted them up from the box. 40. While removing two bottles from the case, after the bottles passed the cardboard separator between them, Mr. Walter gently clinked the bottles together, which were no further than 0.25 inches apart. 41. Immediately upon impact, the subject bottle exploded, sending shards of glass into Mr. Liu's right eye, neck, jaw, and forehead. 42. Upon information and belief, at the time of the explosion, the subject bottle was being lifted by hand from its original case and packaging to be transferred to a cooler. At all tiems relevant hereto, the subject bottle was being used in a foreseeable manner and for the purpose it was intended. 43. The subject bottle was in its original, unopened condition at the time of the explosion. After the explosion, the original metal cap bearing the logo "Corona Extra" was still in plce on the neck fragment of the bottle. The neck fragment and other fragments of the bottle were collected. 44. Upon information and belief, the subject bottle was supplied by Defendant Extrade II in Mexico for export to the United States and imported into the United States and distributed therein by Defendant Crown and/or Constellation pursuant to the 2007 Agreement. 45. Upon information and belief, the subject bottle was supplied from Defendant Constellation to Defendant Crown for redistribution and sale. 46. Upon information and belief, the subject bottle was supplied from Defendant Crown to Defendant Wilsbach for redistribution and sale. 499250 8 47. Upon information and belief, the subject bottle was supplied from Defendant Wilsbach to Defendant Beverage Express for direct sale to consumers. 48. Glass from the subject bottle lacerated Mr. Liu's right eye, subjecting him to substantial pain, suffering, serious injury, and permanent disability. Specifically, as a direct and proximate result of the exploding bottle, which caused shards of glass to lacerate Mr. Liu's right eye, Mr. Liu suffered from visual impairment which necessitated eye surgery. 49. As a direct and proximate result of the exploding bottle, which caused shards of glass to lacerate Mr. Liu's right eye, Mr. Liu has suffered permanent visual impairment. 50. Upon informaton and belief, the explosion of the subject bottle and the injury to Mr. Liu were caused by the defective and dangerous nature of the bottle which existed while the subject bottle was in the control of the Defendants and beyond the control of Plaintiffs or parties other than Defendants. 51. As a direct and proximate result of the explosion of the defective bottle, Plaintiffs have been damaged in an amount to be proven at trial. 52. As a direct and proximate result of the explosion of the defective bottle, Mr. Liu suffered grievious injury which necessitated eye surgery, permanent vision impairment, and pain and suffering. 53. As a direct and proximate result of the explosion of the defective bottle, Plaintiffs have incurred costs and out-of-pocket expenses, time lost from work, emotional distress, and other damages. 499250 9 COUNTI Strict Product Liability DAVID LIU and SHERRI KIMMEL, Husband and Wife, V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEObORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS 54. All of the preceding Paragraphs of this Complaint are incorporated herein by reference. 55. Defendants are strictly liable to Plaintiffs for the damages alleged above which were proximately caused by the defective design of the subject bottle. 56. Defendant Extrade II was a supplier and/or exporter in the commercial chain of the subject bottle's distribution, in that it supplied and/or exported to Defendant Crown/Con8tellation the case of Corona Extra containing the bottle, while operating on behalf of the Grupo lModelo family of companies, which produced, bottled, packaged, and marketed the case of been containing the subject bottle. 57. Upon information and belief, Defendant Constellation was a supplier and/or distributor in the commercial chain of the subject bottle's distribution, in that it is believed and therefore averred that Defendant Constellation supplied to Defendant Crown the case of Corona Extra containing the bottle. 58. Defendant Crown was a supplier and/or distributor in the commercial chain of the subject bottle's distribution, in that it supplied, distributed, and/or resold to Defendant Wilsbach the case of Corona Extra containing the bottle. 59. Defendant Wilsbach was a supplier and/or distributor in the commercial chain of the subject' bottle's distribution, in that it supplied, distributed, and/or resold to Defendant Beverage Express the case of Corona Extra containing the bottle. 499250 10 60. Defendant Beverage Express was a supplier and/or distributor in the commercial chain of the subject bottle's distribution, in that it supplied and/or sold the case of Corona Extra containing the bottle to Mr. Walter on May 30, 2010. 61. At the time Defendant Beverage Express sold the subject bottle to Mr. Walter, the bottle was in substantially the same condition as when it was manufactured and as when it left the custody land control of Defendant Extrade II. 62. At the time Defendant Beverage Express sold the subject bottle to Mr. Walter, the bottle was unreasonably dangerous to its intended and reasonably foreseeable users, including Mr. Liu. 63. The subject bottle was sold to Mr. Walter in a dangerous and defective condition because the container was not safe for ordinary and customary handling and usage. 64. As designed, the thickness of the bottle's walls was insufficient to withstand the internal pressure of the bottle's contents during its normal handling by a responsible consumer. 65. As manufactured, portions of the bottle's walls were insufficiently thick to withstand the internal pressure of the bottle's contents during its normal handling by a responsible consumer. Upon information and belief, during the bottle's manufacture, the temperature of the bottle-forming machine (mold) was not kept uniform around its perimeter, and therefore, thin spots resulted in the bottle's walls, rendering it defective. 66. As designed, the subject bottle is too weak to withstand an ordinary amount of stress applied to it. 67. As manufactured, the subject bottle is too weak to withstand an ordinary amount of stress applied to it. 499250 11 68. As manufactured, the surface of the subject bottle, between its neck and barrel, was particularly fragile and thus, not capable of withstanding the forces, tensions, and handling to which the subject bottle was reasonably and foreseeably subjected. 69. During the bottling process, the liquid beer was placed into the subject bottle, and the subject bottle was annealed, under excessive pressure, thereby causing the subject bottle to explode. 70. At the time of each of the aforementioned sales and/or distributions, Defendants knew or should have known of the bottle's design and manufacturing defects and yet sold the bottle without warning. 71. Upon information and belief, had the subject bottle been designed and manufactured without the aforementioned design and manufacturing defects, Mr. Liu, would not have sustained any injury. 72. Upon information and belief, corrections to the aforementioned design and manufacturing defects were feasible at the time of the bottle's manufacture, supply, export, import, distribution, marketing, and sale, and said alternatives were modest in price. CLAIM I DAVID LIU V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THE060RATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS 73. All of the preceding Paragraphs of this Complaint are incorporated herein by reference. 74. As a direct and proximate result of the aforementioned explosion, Mr. Liu has sustained substantial injury to his right eye, including but not limited to: a contusion and 6- 499250 12 millimeter laceration of his right eye; a right subconjuctival hemorrhage, resulting in medial ecchymosis, hypema, and corneal astigmatism; and permanent visual impairment. 75. As a direct and proximate result of the aforementioned injuries, Mr. Liu was forced to incur and will in the future require expenses for medical care, prescriptions, medications, and similar goods and services in an effort to restore himself to health, and a claim is made therefor. 76. As a direct and proximate result of the aforementioned injuries, Mr. Liu, has suffered loslt earnings, and a claim is made therefor. 77. Due to the nature of his injures, it is believed, and therefore averred, that Mr. Liu has suffered a permanent diminution of his earning capacity, and a claim is made therefor. 78. As a direct and proximate result of the aforementioned injuries, Mr. Liu has undergone great physical and mental pain and suffering, humiliation, disfigurement, and a loss of life's pleasures and enjoyment, and claims are made therefor. WOEREFORE, Plaintiff, David Liu, demands judgment against Extrade II, S.A. de C.V., Constellation Brands, Inc., Crown Imports, LLC, Wilsbach Distributors, Inc., and Theodoratos Quality Imports d/b/a Carlisle Beverage Express, in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 499250 13 CLAIM II SHERRI KIMMEL V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THE060RATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS 79. All of the preceding Paragraphs of this Complaint are incorporated herein by reference. 80. As a direct and proximate result of the aforementioned injuries to her husband, David Liu, Ms. Kimmel has suffered a loss of the care, custody, consortium, society, and services of her husband, and a claim is made therefor. WHEREFORE, Plaintiff, Sherri Kimmel, demands judgment against Extrade II, S.A. de C.V., Constellation Brands, Inc., Crown Imports, LLC, Wilsbach Distributors, Inc., and Theodoratos Quality Imports d/b/a Carlisle Beverage Express, in excess of Fifty Thousand Dollars ($510,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. Date: May45, 2012 Richahd C. Angino, Esquire I.D. No. 07140 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rca@angino-rovner.com Attorney for Plaintiffs 499250 14 VERIFICATION I, David Liu, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth therein are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. §4904, relating to ulnsworn falsification to authorities. Wi ess Dated: 0 I 3 1. DAVID LIU Dated: Shs'tla' ? ? X15 3 l???', } ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney [D#: 47140 Kristen N. Sinisi, Esquire Attorney ID#: 111381 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238.5610 E-mails: rca@ahgino-rovner.com ksinisi@angino-rovner.com Attorneys for Plaintiffs DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINJIFFS' EX PARTE MOTION TO APPOINT SPECIAL PROCESS SERVICE AND NOW come the Plaintiffs, David Liu and Sherri Kimmel, Husband and Wife, by and through their attorneys, Angino & Rovner, P.C., and hereby move this Honorable Court to authorize APS International, Ltd. and its designated agents to effect service upon Defendant Extrade II, S.A. de C.V., averring as follows: 1. Plaintiffs David Liu and Sherri Kimmel filed a Complaint against Defendants Extrade II, S.A. de C.V. (hereinafter, "Extrade II"), Constellation Brands, Inc. (hereinafter, "Constellation"), Crown Imports, LLC (hereinafter, "Crown"), Wilsbach Distributors, Inc. (hereinafter, "Wilsbach"), and Theodoratos Quality Imports d/b/a Carlisle Beverage Express (hereinafter, "Beverage Express"), in the Cumberland County Court of Common Pleas on May 25, 2012. 2. Plaintiffs requested that original process be served by the sheriff upon Defendant Beverage Express, which is the only Defendant which has a principal place of business and/or registered address for service in Cumberland County, Pennsylvania. 3. Plaintiffs requested that the sheriff of Dauphin County, Pennsylvania, be deputized to effect service of process upon Defendant Wilsbach, which has a principal place of business and/or registered address for service in Dauphin County, Pennsylvania. 4. Plaintiffs sought to effect service upon Defendants Constellation and Crown, which maintain principal places of business and/or registered addresses for service, outside the Commonwealth of Pennsylvania by mail. 5. Defendant Extrade II is the only Defendant in the instant matter which maintains a principal place of business and/or a registered address for service outside the United States of America. 6. Specifically, Defendant Extrade II is a sociedad anonima de capital variable, a corporation, organized under the laws of the Country of Mexico, having its principal place of business at Lago Alberto No. 156, Col. Anahuac, Delegacion Miguel Hidalgo, Mexico City, 11320 Mexico D.P. 2 7. Plaintiffs must effect service upon Defendant Extrade II pursuant to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361; 658 U.N.T.S. 163, to which both the United States and Mexico are parties. 8. Plaintiffs have engaged the services of APS International, Ltd. to assist them with effecting service upon Defendant Extrade II. 9. In order for APS International, Ltd. to effect service of process in Mexico, the Mexican government requires a Court Order appointing APS International, Ltd. as a special process server. 10. Plaintiffs acknowledge that they have filed the instant Motion ex parte and have not sought the concurrence of opposing counsel. However, given the nature of this Motion, Plaintiffs believe and therefore aver that it is a proper subject for an ex parte determination. 11. A judge has not yet ruled upon any other issue in this matter or any related matter. WHEREFORE, Plaintiffs respectfully request that this Honorable Court grant their instant Motion to Appoint Special Process Service, such that they may effect service upon Defendant Extrade II, S.A. de C.V. in Mexico. Respectfully submitted, ANGINO @OVN , P.C. iich -L. Angi Esquire A ? 3Vo. 07140 ,,,4503 N. Fron Stre y Harrisburg, 7110 (717) 238-6791 rca@angino-rovner. com Attorney for Plaintiffs Date: May _, 2012 3 ongino-rovner 4503 NORTH FRONT STREET HARRISBURG, PA 17110-1799 PHONE: (717) 238-6791 FAX: (717) 238-5610 www.angino-rovner.com E-mail: ksinisi@angino•rovner.com May 30, 2012 Office of Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Liu v. Extrade II, S.A. de C.V„ et al. Dear Sir/Madam: RICHARD C. ANGINO NEIL J. ROVNER DAVID L. LUTZ MICHAEL E. KOSIK RICHARD A. SADLOCK LISA M. B. WOODBURN DARYL E. CHRISTOPHER KRISTEN N. SINISI Enclosed for filing please find an original and two (2) copies of Plaintiffs' Ex Parte Motion to Appoint Special Process Server, along with extra copies of the Order and return envelopes. Please file the same with the court, return a time-stamped copy in the envelope provided, and forward a copy of the Motion and Orders to the Court Administrator for signature. PLEASE NOTE: We will need TWO, SIGNED AND CERTIFIED COPIES of the Order returned to office in order to meet international rules for service. Thank you for your cooperation in this regard. Very truly yours, Kristen N. Sinisi /adh Enclosures t F:\FILES\Clients\3050 Donegal\3050.Current\3050.68613050.666.pra1 Revised: 6/5/12 3:57PM Daniel K. Deardorff, Esquire Pr4j: MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 EN 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants IN THE COURT OF COMMON PLEAS Ur CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3313 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express in the above matter. Defendant hereby demands a twelve juror jury trial in the above-captioned action. MARTSON LAW OFFICES By 6- Damel K. Deardorff, squire I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express Dated: June 5, 2012 1 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, 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: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac, Delegacion Miguel Hidalgo, Mexico City, 11320 Mexico D.F. Constellation Brands, Inc. 207 High Point Drive, Building 100 Victor, NY 14564 Crown Imports, LLC 1 South Dearborn Street, Suite #1700 Chicago, IL 60603 Wilsbach Distributors, Inc. 905 Katie Court Harrisburg, PA 17109 MARTSON LAW OU- LCES Ami J. Thu a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 5, 2012 i Vii10: i1 lNSYLVA DAVID LIU and SHERRI KIMMEL, husband and wife, v. Plaintiffs EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER TO APPOINT SPECIAL PROCESS SERVICE AND NOW, this 1 }AN day of ?%.) A L 2012, upon consideration of Plaintiffs' Motion to Appoint Special Process Service, it is hereby ORDERED and DECREED that APS International, Ltd., including its designated agents, is appointed and authorized to effect service of process on the defendant, Extrade II, S.A. de C.V., in Mexico. Service shall be effected according to any internationally agreed means, the laws of the foreign country, or as directed by the foreign authority or the originating court if not otherwise prohibited by international agreement or the laws of the foreign country, and in a manner reasonably calculated to give notice. BY THE COURT: J. Copy rxu-1-61 (/1-7l1') THOMAS, THOMAS & HAFER, LLP Gordon A. Einhom, Esquire 1. D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7054 geinhom@tthlaw. com DAVID LIU and SHERRI KIMMEL, Plaintiffs v. „ _l t? U, r t? 2 T!x; k I A II: " ? .i oROLIiLA`?D COUI'J" PEN,, SYLVANIA Attomeys for Defendant Wilsbach Distributors, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 12-3313 EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECiPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Please enter the appearance of Gordon A. Einhorn, Esquire, Thomas, Thomas & Hafer, LLP, as counsel of record for Defendant Wilsbach Distributors, Inc., in the above matter. Date: s! / r/ z---- THOMAS, THOMAS & HAFER, LLP /Gon Einhorn, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17106-0999 (717) 441-7054 geinhorn@tthlaw.com n CERTIFICATE OF SERVICE I, Gordon A. Einhorn, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendant, Wilsbach Distributors, Inc., hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 Daniel K. Deardorff, Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac, Delegacion Miguel Hidalgo Mexico City, 11320 Mexico D.F. Constellation Brands, Inc. 207 High Point Drive Building 100 Victor, NY 14564 Crown Imports, LLC 1 South Dearborn Street Suite 1700 Chicago, IL 60603 THOMAS, THOMAS & HAFER, LLP G/$liz--- Date: 1102672.1 rdon A. Einhorn, Esquire I.D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhorn@tthlaw.com FARLES\Clients\3050 Donegal\3050. Current\3050.686\3050,686.ansl Revised. 6/11/12 9:52AM Daniel K. Deardorff, Esquire )' ."; } r MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES !'I I.D. 17837 Pti`i 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express DAVID LIU and SHERRI KIMMEL, IN THE COURT OF COMMON PLEAS OF husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants NO. 12-3313 CIVIL ACTION - LAW : JURY TRIAL DEMANDED DEFENDANT THEODORATOS QUALITY IMPORTS D/B/A CARLISLE BEVERAGE EXPRESS ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT TO: DAVID LIU AND SHERRI KIMMEL, husband and wife, PLAINTIFFS, and their Attorneys, RICHARD C. ANGINO, ESQUIRE, AND KRISTEN N. SINISI, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Theodoratos Quality Imports d/b/a Carlisle Beverage Express, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiffs' Complaint as follows: 1-27. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. 28. Admitted, except said Defendant does business as "Beverage Express." 29-32. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. 33. Denied. Conclusions of law are alleged to which no answer is required. 34-53. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. COUNTI 54. Answering Defendant's answers to the preceding paragraphs are incorporated herein by reference. 55. Denied. Conclusions of law are alleged to which no answer is required. 56-72. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. CLAIM I 73. Answering Defendant's answers to the preceding paragraphs are incorporated herein by reference. 74-78. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. WHEREFORE, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express demands judgment in its favor against Plaintiffs. CLAIM II 79. Answering Defendant's answers to the preceding paragraphs are incorporated herein by reference. 80. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. WHEREFORE, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express demands judgment in its favor against Plaintiffs. NEW MATTER 81. This action may be barred by the applicable statute of limitations. 82. Plaintiffs may have voluntarily assumed the risk of injury. 83. Plaintiffs may have been contributorily or comparatively negligent. 84. Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express had no involvement in the production, bottling, or packing of said alleged product. 85. Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express simply receives the product from distributors which are already boxed and sealed and do not alter the product. 86. The alleged event set forth in the Complaint may have been caused by the actions or inactions of third persons not parties at this time, including Robert Walter in that he/they may have misused, abused, shaken, clinked and hit the product and/or left the product in the hot sun. 87. Plaintiffs' Complaint fails to set forth a cause of action. WHEREFORE, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express demands judgment in its favor against Plaintiffs. NEW MATTER IN THE NATURE OF A CROSS-CLAIM JOINING EXTRADE II, S.A. DE C.V.. CONSTELLATION BRANDS, INC, CROWN IMPORTS, LLC, AND WILSBACH DISTRIBUTORS, INC, AS ADDITIONAL DEFENDANTS 88. Paragraphs 1-80 of the Complaint are incorporated herein by reference for the purposes of this Cross-Claim and Joinder of other Defendants as Additional Defendants and not for purposes of admission, and paragraphs 84 and 85 of this New Matter are incorporated herein by reference. 89. In the event Plaintiffs prevail on their Complaint, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express (the joining party) alleges that Defendants Extrade II, S.A. de C.V., Constellation Brands, Inc., Crown Imports, LLC, and Wilsbach Distributors, Inc., are alone liable to the Plaintiffs or liable over to the joining party or jointly or severally liable to the Plaintiffs or liable to the joining party for the reasons set forth in the Plaintiffs' Complaint and for the reasons set forth in paragraphs 84 and 85 of this New Matter. WHEREFORE, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express demands judgment in its favor against Plaintiffs, and in the event Plaintiffs prevail, then against Extrade II, S.A. de C.V., Constellation Brands, Inc., Crown Imports, LLC, and Wilsbach Distributors, Inc., for sole liability to Plaintiffs, and for contribution and indemnification. Respectfully Submitted, MARTSON LAW OFFICES By T-J- G'. Daniel K. Deardorff, Esquire I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express Dated: ql?sJq VERIFICATION I, Rebecca McKee, Manager of Theodoratos Quality Imports d/b/a Beverage Express, acknowledge I have the authority to execute this Verification on behalf of Theodoratos Quality Imports d/b/a Beverage Express and certify the foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Answer with New Matter is that of counsel and not my own. I have read the document and to the extent the Answer with 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 the content of the Answer with New Matter 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. Theodoratos Quality Imports d/b/a Beverage Express McKee, CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Gordon A. Einhorn, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Wilsbach Distributors, Inc. Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac, Delegacion Miguel Hidalgo, Mexico City, 11320 Mexico D.F. Constellation Brands, Inc. 207 High Point Drive, Building 100 Victor, NY 14564 Crown Imports, LLC 1 South Dearborn Street, Suite # 1700 Chicago, IL 60603 MARTSON LAW `-1<mi J. Thur?ffia Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: F TILES\Clients\3050 Donegal\3050.Curent\3050.686\3050.686.additional defendant complaintl Revised. 6/11/12 951AM Daniel K. Deardorff, Esquire ! -, 11. . f_ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express DAVID LIU and SHERRI KIMMEL, IN THE COURT OF COMMON PLEAS OF husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants V. ROBERT WALTER, Additional Defendant NO. 12-3313 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 'Telephone (717) 249-3166 Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3313 CIVIL ACTION - LAW ROBERT WALTER, Additional Defendant : JURY TRIAL DEMANDED COMPLAINT AGAINST ADDITIONAL DEFENDANT ROBERT WALTER AND NOW, comes Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express by and through their attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files their Complaint Against Additional Defendant Robert Walter as follows: 1. Additional Defendant, Robert Walter, is an adult individual with a last known address of 1321 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania 17013 2. Plaintiffs have filed a Complaint against Defendants in the above action and said Complaint is attached hereto as Exhibit "A." 3. The joining party is Theodoratos Quality Imports d/b/a Carlisle Beverage Express (herein after "Beverage Express") and is one of the Defendants named in the Complaint. 4. Defendant Beverage Express has filed an Answer with New Matter, which is attached hereto as Exhibit "B." 5. Paragraphs 1 through 80 of the Complaint are incorporated herein by reference for the purpose of this Additional Defendant Complaint and not for purposes of admission and paragraphs 84 through 86 of Defendant Beverage Express's Answer and New Matter are incorporated herein by reference. 6. In the event Plaintiffs prevail on their Complaint, Defendant Beverage Express (the joining party) alleges that Additional Defendant Robert Walter is: a. solely liable on the Plaintiffs' cause of action, or b. liable over to the joining party on the Plaintiffs' cause of action, or c. jointly or severally liable with the joining party on the Plaintiffs' cause of action, or d. liable to the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the Plaintiffs' cause of action is based. 7. The above liability of Additional Defendant Robert Walter is based on his carelessness and negligence in that he may have misused, abused, shaken, clinked and hit the beer bottles involved in the alleged cause of action and/or left them out in the hot sun. WHEREFORE, Defendant Beverage Express demands judgment in its favor against Plaintiffs, and in the event Plaintiffs prevail, then against Additional Defendant Robert Walter for sole liability to Plaintiffs, and for contribution and indemnification. Respectfully Submitted, MARTSON LAW OFFICES By t<-, Daniel K. Deardorff, Esquire I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express Dated: h //t5- 11A ,* RLCYUFU -iR f.4) RLCT(IARI , . i 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 01/17 ?? !0 1 1 a 0 ?S 607 mkll Q ANGINO & ROVNM p.0, Rlehartl C. Aagino, Esquire Attmey ID# : 07140 Kristm N. Sinisi, Esquire Attorney ID#: 3 t 1381 4503 North From Street Htrrisbura, PA 17110-1788 (717)239-6791 FAX (717) 238.56I0 P4nails: rea@en8ie6-rarner.cor» ksinisi(i m8ino,My=.eom n A 11M t rr• Attorneys for Plaintiffs .L.'1-A r 11./ JVA V dnu SHERR.I KIMMEL, husband and wife, V. PWntiffs EXTRADE II, S.A. de C. V,, CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and --->THEODOR.ATOS QUALITY WORTS d/bla CARLISLE BEVERAGE EXppUSS Defendants ?N THE COURT OF COMMON FLEAS CUMBERLAND COUNTY, PA fro. ? `3343 czvll. CIVIL ACTION - LAW JURY TRIAL DEMANDED NOVICE You have bccn sued in court, If you wish to defend against the claims at forth in the following pages, you must take action within twenty (20)1calcndar days after this complaint and notice are served, by entering a written appearance personally or by attorney and tiling in writing with the court your det'enfts or objections to the claims 'set forth against you. You are warned that if you thil to da so the case may proceed without you aind a judgment may be entered against you by the ooun without fbnher notice for my money claimed in the complaint or for any other claim or 4 W2 EXHIBIT "A" 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 02/17 relief requested by the plaintiff. You may You, lose money or property or other rights Pmt to YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELI,''I-iONE THE OMCE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WMI DWORMATZON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITFI INFOR 4ATION ABOUT AGENCIES THAT MAY OFFER LEGAL ,SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland iCounty Bar Association 32 S.; Bedford Street Carlisle, PA 1013 BW990-9108 NOTICTA "I IAA SIDO DEMANDADO4A EN LA CORTE, Si usted dews defender costa 1$ demonda puestas en las si$urentes PAG NAS, USTED TIEN$N QUE TOMAR ACCION DENTRO VEINTE (20) dies naturales deapues quo earn Donnanda y Aviso es ser Ado, can a ndo por csmr3to una aparencia pCt rWXnente o Pte' un aboTub y archivando por escrito cot, la Corte sus defenses o objections a In demandas ptie9ft an esta contra usted, UMOd ea adverddo que si £a11a de hacerio el caso puodo proceder site usted y ur jazgamiento puede ser ertrado contra usted pro la Corte sin man aviso par cualquier diriem recbamando en is Derrmanda o por ctt$lquier otm reclamo o alivio solioi%do por Dcmwdante. Ustad pttede perdex dioero o propie1w a ostros dc=110S importante pare usted. USTED DEBE LLEVAR EST E PAPEL A SU ABOGANDO ENSEGUIDA. SI USTEJD NO TIENE UN ABORGADO, VAYA O LLAME POR MZFONO LA OF'ICINA FIJADA AQUI ABAJO. ESTA OFICINA PUED4 PR.OVEMM CON INFORMACMN DE COMO CONSEGUIR UN ABOGADO, S1 USTED NO PUEDE PAGARIE A UN ABOGADO, ESTA OFICINA PuEDE PROVEERE WPORMACION ACERCA, AO' ENCIAS QUE PUMAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN IIONORARIO RHDUCIDO 0 GRATIS, Cumberland COUnty Bair Amejotion 32 S. Bedford Street Carliile, PA 10113 SOOL990-9108 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 03/17 TRi?! tO?M?'?LQM ?!? CAR D My tlrtsvt my itanvi +'• honotei k ANG1140 & RO'VNER, P.C. RiahaW C. A ngiric, Esquire Anomey ID4 : 07140 Kristen N. 31nisi, Esquirc Attorerey IDN: 311381 4503 Nortb Front Serest Hwlsbur&PA MINIM (717) 238-6741 FAX (711) 238-5614 >;-tettils: re>a"gina*rovner.corn kaintai?ettgino-rovner, epm DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S-A„ de C,V., CONSTELLATION BRANDS, INC,, CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants Attorneys for PtaintiM IN THE COURT OF COMMON CUMBERLAND COUNTY, PA, NO, J D J 1.3 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED co AND NOW, come the Plaintiffs, David Liu and Sherri Kimmel, husband and wife, by and through their attorneys, Ajagino & Rovnw, P.C., and file their Complaint, stating as follows: 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 04/17 1. PWntiff, David Liu (hereirAfter, "Mr. Liu"), is an adult individual over the age of eighteen years old who resides at 112 Hillside Road, Mechanicsburg, Pennsylvania_ 2. Flaindf'f, Sherri Kimmel (hereinafter, "Ms. Kimmel"), is an adult individual over the age of eighteen years old who is the wife of David Liu and who resides at 112 Hillside Road, Mechanicsburg, Pennsylvania. 3. Upon infottnation and belief, Grupo Modelo, S.A. de C.V. (hereinafter, "'Grupo Modelo") is a Mexican corporation, with ita principal place of business In Mexico City, Mexico- 4. Upon information and belief, by and through its subsid3a:ries and affiliates, known as the Grupo Modelo family of companies, Grupo -Modelo produces beer products marketed in the Unites States and throughout the world raider the names Corona Extra, Corona Light, Modelo Especial, and others (hereinafter, "Grupo ploducts'l, 5. Upon information and belief, Defendant Extatide 11, &A. de C.V. (hereinafter, "Extrade I1') is, and at all tithes relevant hereto was, a sociedad anonima de capital variable, a corpomtion, organized under the laws of the Country of Mexico, having its principal place of business at Lago Alberto No. 156, Col. Anahuac, Delegaciott Miguel Hidalgo, Mexico City, 11320 Mexico D.F. 6. Upon information and belief, Extrade 11 is a wholly owned subsidiary of the Grupo Modelo family of companies, which: collectively, and at all times relevant hereto, control the brewing, manufacturing, bottling, packaging, and sale and exportation of all Chrupo products, including Comma Extra. 7. Upon information and belief. Extrade 11 was fmwd in or about 2007 to act on behalf of the Grupo Modelo family of cOmPWOS as the supplier and expozter of Grupo products, 499250 2 66/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 05/17 including Corona Extra, to be exported toy and sold in the United States, and specifically, in the Commonwealth of Pennsylvania,. 8. Upon information and belief, Defendant Crown Imports, LLC (hereinafter, "Crown') is, and at all times relevant hereto was, a limited liability company authorized and existing under the laws of the State of Delaware, having its principal place of business at 1 South Dearborn Street, Suite #1700, Chicago, Illinois 60603, and having a registered address for service in Wilmington, Delaware. 9. Upon information and belief, Defendant Crown is a 50150 joint venture corporation, which was formed in 2007 between Grupo Modelo and Defendant Constellation Brands, Inn. (hereinafter, "Constellation").. 10. Upon information and belief, Defendant Crown was formed for the sole purpose of importing Corona beer products into the United States from Mexico and marketing, distn'butin& and selling them throughout the United States, including in the Commonwealth of Pennsylvania. 11. Upon information and belie, Defendant Constellation is, and at all times relevant hereto was, a corporation authorized and existing under the laws of the State of Delaware, which has its principal place of business at 207 High Point Drive, Building 100, Victor, New York 14564, and having it registered address for iervice in Wilmington, Delaware. 12. Upon information and belief:' Defendant Constellation is an international beverage alcohol producer, importer, and tnarketer. 13. Upon information and belief; in or about 2007, Defendants Crown and Extrade 11 entered into an Importer Agreement ("2007 Agreement"), which governs, and at all tunes relevant hereto, governed: 4"250 3 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 06/17 (a) ?be supplying of Motlelo products, including Corona ]Extra, from Defendant Extrade It in Mexico to Defendant Crowe: and/or Constellation; (b) the importation of Modelo products, including Corona Extra, from Defendant Extrade If in Mexico to Defendant Crown and/or Constellation in the United States; : (c) the supplying and/or'idistribubon of Modelo products, including Corona. Rxtra, throughout the United States and in the Comrnon"alth of Pennsylvania; and (d) the marketing and sale of Modelo products, including Corona Extra, throughout the United States and in the Commonwealth of Pennsylvania. 14, Upon information and belid#', as per the 2407 Agreement, and on behalf of the Coupo Modelo fwnily of companies, Dei:mndant Extrade 11 has, and at all times relevant hereto, had, the exclusive tight to 5e11 Grupo products for export to the United States. 15. Upon information and belief, as per the 2007 Agreement, and on behalf of the Grupo Modelo family of companies, Defendant Extrade Il granted to Defendant Crown and/or Constellation the exclusive right to sell GMupo products, includinig Corona Extra beer, within the United States, including for resale. 16. Upon information and belief, as per the 2007 Agreement, and on behalf of the Grupo Modelo family of companies, Defendant Extrade ii agreed to supply and/or export to Defendant Crown and/or Constellation Groupo products, including Corona Ekt ra, for sale Mthin the United States, including the Conaznonwealth of Pennsylvania. 499250 4 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 07/17 17. Upon information and belidf, 40 per the 2007 Agreement, Defendants Crown and Constellation are, and at all times relevant/ hereto were, the exclusive importers of Corona Extra beer products into the United States. IS. Upon information and bellO, as per the 2007 Agreement, Defendants Crown and Constellation are, aad at all times relevant hereto were, the exclusive distributors of corona Extra beer products in the Commonwealth of Pennsylvania. 19, Upon information and belief, the 2007 Agreement was in effect on may 30, 2010, the date on which Mr. Liu wan injured by a bottle of Corona Extra, which exploded (hereinafter, "the subject bottle"), 20. The subject bottle bore tbe;followiung identifying information: bottle neck: ".... 88"; bar code: "0 806614,; "Made in Mexico", ",..... TED BY CROWN IMPORTS LLC, CHICAGO, IL 60603'; on cap, "CORONA Extra" and "Mexico D.E." 21. Upon information attd belief, the 2007 Agrement was in effect on the date the subject bottle was imported into the United ? tates prior to May 30, 2010. 22, Upon information and belief, the importation of the subject bottle took place pursuant to the 2007 Agreement between Defendants Extrade II and Crown/Constellation. 23. Upon information and belief; pursuant to the 2007 Agreement, Defendant Extrade II supplied, and Defendant Crown/Conste.iletion imported and distributed, the subject bottle which was contained in a case of Corona Extra 24. Upon information and bclk, Defendant Constellation provided licerWag to Defendant Crown for Crown's sale and/or' distribatlon of Gmupo products, including Corona Exttya,, in the United States and in the Cotnw6nwealthi of Pennsylvania. 4"230 S M04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 08/17 25. Upon information and belid: , Defendant Crown supplies, and at all times relevant hereto supplied, Corona Extra products, aneluding the subject bottle, to Defendant Wilsbach Distributors, Inc. (hereinafter, ,wilsbach"), an Anheuser Busch wholesale beverage distributor whose territory includes Central Pennsylvania, and which supplies directly to retail stores. 26. Upon information and belief, Defendant Wiisbach is, and at all times relevant hereto was, it corporation authorized and 0dstiiog under the laws of Pennsylvania, which regularly does business in Cumberland County, Pennsylvania, and which hag a principal place of business at 905 Katie Court, Harrisburg, Pq 17109. 27. Upon inform dons and belief, Defendant Wilsbach regularly Conducts business in Cumberland County, Pennsylvania, as it. supplies/resells, and at all times relevant hereto supplied/resold, Corona Extra products, inarlWing the subject bottle, to Defendant Theocl9ra#oS Quality Imports, Inc, d/b/a Carlisle Beverage Express (hereinafter, "Beverage Express"), a retail distributor. 28. Upon information and belief, Defendant Beverage Express is, and at all tinges relevant hereto was, a corporation authorized and existing under the laws of peymsylvania, having its principal place of business at 1021 Ritner Highway, Carlisle, Pennsylvania 17013, and having a registered address for service in Mechanicsburg, Pennsylvania. 29. Upon information and belief; at all times relevant hereto, Defendants Extrade 11, Crown, and Constellation derived substantlal revenue from exporting, importing, supplying, distributing, marketing, and 9¢1lin9 C0r0nA Extra in the United States, and specifically, in the Commonwealth of Pemylvania. 4M50 6 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 09/17 30. Upon information and be4ef,, Defendants Extrade II, Crown, and Constellation regularly market towards and conducti and solicit business in the Commonwealth of Pennsylvania. 31. Upon information and belief, at all times relevant hereto, Defendant Extrade I1-s conduct in supplying and exporting Grottpo products, including Corona Extra beer, from the Country of Mexico to the United Staten and the Commonwealth of Pennsylvania for sale, subjects it to consequences within the United States, and specifically, in the Commonwealth of Pennsylvania. 32. Upon information and belief, at all times relevant hereto, Defendant Extradc 11 committed tortious acts within the Country of Mexico which brought about injury and/or consequences in the United States, and specifically, in the Cornmonwealtb of Pennsylvania. 33, Defendants Extrade 11, Crown, Constellation, Wilsbach, and Beverage Exprm axe corporations which have subjected themselves to the personal jurisdiction of this Court. FACTS 34. On the afternoon o . Liu drove to a field in Carlisle, PA„ to meet several of his frlends to play soccer. 35. Upon arriving at the field ar d parking his vehicle, he observed his :friend, Robert Walter (hereinafter, "Mr. Walter'), standing next to the back of his truck, about twenty feet away, and appronobcd him, 36. Earlier that day, before arriving at the field, Mr. Walter had purchased a case of Corona Extra beer, which contained the subject bottle, from Defendant Beverage Express. 37. When Mr. Liu arrived at Mr.. Walter's truck, he stood to the left (driver's side) of the tailgate, talking to Mr. Walter who kneejed on or near the lowered tailgate of his truck. 499250 7 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 10/17 38. While they spoke, Mr. Walter opened the case of Corona Extra he purchased. 39. With Mr. Walter's right hand, he reached into the box, grasped the tops of two Corona Extra bottles, and lifted thew up from the box. 40. Mille removi-na two bottles from the case, after the bottles passed the cardboard separator between them, Mr. Walter gently clinkad the bottles together, which were no further than 0,25 inches apart. 41. Immediately upon impact, the subject bottle exploded, sending shards of glass into Mi, Liu's right eye, neck, jaw, and forehead. 42. Upon information and belief, at the time of the explosion, the subject bottle was being lifted by hand from its original cast: and packaging to be transferred to a cooler. At all tiems relevant hereto, the subject bottle m%s being used in a foreseeable manner and for the purpose it was intended. 43. The subject bottle was in Its original, unopened condition at the time of the explosion, After the explosion, the originab metal cap bearing the logo "Corona Extra" was at311 in plce on the neck fragment of the bottle. 71e neck fragment and other fragments of the bottle were oellected. 44. Upon information and belief, the subject bottle was supplied by Defendant Extrade it in Mexico for export to the United States and imported into the United States and distributed therein by Defendant Crown and/or Constellation pursuant to the 2007 Agreement. 45. Upon information and beliet, the subject bottle was supplied from Defendant Constellation to Defendant Crown for redistibutiorl and sale. 46. Upon information and beliefs the subject bottle was supplied from Defendant Crown to I]efendaot Wilsbach for redistribution and We, 499250 9 66/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 11/17 47. Upon inforntation and belief, the subject bottle was supplied from Defendant Wilsbach to Defendant Devcrnge Express for direct We to consumers. 48. Glass from the subject betide lacerated Mr. Liu's right eye, subjecting bim to substantial pain, suffering, serious injury, snd permanent disability. Speeiftcally, as a direct and proxirate result of the exploding bottle. W? h caused shards of glass to lacerate Mr. Liu's right eye, W. Liu suffered from visual irnpa1rn1#1t which necessitated eye surgery. 49. As a direct and proximate result of the exploding bottle, which caused shards of glass to lacerate Mr. Liu's right eye, Mr. Liu has suffered permanent visual Impairment. 50. Upon informaton and belief; the explosion of the subject bottle end the injury to Mr. Liu were caused by the defective and dangerous nature ofthe bottle which existed while the subject bottle was in the control of the Defcadants and beyond the control of Plaintiffs of parties other than Defendants, 51. As a direct and proximate result of the explosion of the defective bottle, plaintiffs have been damaged in an amount to be proven at trial. 52. As a direct and proximate rquit of the explosion of the defective bottle, Mr, Liu suffered grievious injury which necessitated ieye surgery, permanent vision 1mpaimLmt, and pain and suffering. 53, As a direct and proximate resWt of thO explosion of the defective bottle, Plaintiffs have incurred costs and out-of-pocket expenses, time lost from work, emotional distress, and other damages, AS*rzso 9 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 12/17 C4= )( Striet ] - gduct Liability DAVID LIU and SHERW NXMMEL, Husband and Wife, V. EXTRADE 11, S.A. de C.Y,, CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WiLSBACH DISTRIBUTORS, INC., and THEODORATOS OUALI'TY IMPORTS d/b/a CARLISLE BEV>ERAGZ EXPRESS 54. All of the preceding Paragiaphs of this Complaint are incorporated herein by reference. 55. Defendants are strictly liable to Plaintiffs for the damages alleged above which were proximately caused by the defbctive design of the subject bottle. 55. Defendant Extra e: II was a!supplier and/or exporter in the commercial ebbin of the subject bottle's distribution, in that it supplied and/or exported to Defendant Cxown/Constellation the case of Corona Extra containing the bottle, while operating on behalf of the Grupo Modallo family of companies, Which produced, bottled, packaged, and marketed the case of beer containing the subject bottle. 57. Upon information and belief, Defendant Constellation was a supplier and/or distributor in the commercial OWn of the subject bottle's distribution, in that it is believed and therefore averred that Defendant Constellation supplied to Defendant Crown the case of Corona Extra containing the bottle. 58, Defendant Crown was a suppller and/or distributor in the commercial chain of the subject bottle's distribution, in that it suppliiod, distributed, and/or resold to Defendant Wilsbach the case of Corona Extra containing the bottle, 59. Defendant Wilsbach was a supplier and/or distributor in the eomumereial chain of the subject bottle's distribution, in that It. supplied, distributed, and/or resold to DeAndsot Beverage Express the case of Carona Extra containing the bottle. 499250 to 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 13/17 60, Defendant Beverage Express was a supplier and/or distributor in the coMrnereial chW n of the subject bottle's distribution, 14 that it supplied and/or sold the case of Corona Extra containing the bottle to Mr. Walter 61. At the time Defendant 9everage Express sold the subject bottle to Mr. Walter, the bottle was in substantially the same condition as when it was manufaaotured and as when it left the custody and control of Defendant Extrade II. 62. At the time Defendant Beverage Express sold the subject bottle to Mr. Walter, the bottle was wucasonably dangerous to its intended and reasonably foreseeable users, including Mr. Liu, 63. The subject bottle was sold to Mr. Walter in a dangerous and defectiva condition because the container was not sate for ordhrjaty and customary handling and usage. 64. As designed, the thickness of the bottle's walla was insufficient to withstand the internal pressure of the bottle's contents dining its normal handling by a responsible consumer. 65. As manufactured, portions of the bottle's walls were insufficiently thick to withstand the internal pressure of the bottle's contents during its normal handling by a responsible consumer. Upon information and belief, during the bottle's manufacture, the temperature of the bottle-forming rmaehine (mold) was not kept uniform around its perimeter, and therefore, thin spots resulted in the bott:16's walls, remdedng it defective. 66. As designed, the subject bottle is too weak to withstand an ordinary amount of stress applied to it. 67, As manufactured, the subjeci bottle is too weak to withstand an ordinary amount of stress applied to it. 4?tso 1 I 66/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 14/17 68. As manufactured, the surf== of the subject bottle, between its neck and barrel, was particularly fragile and thus, not capable of withstanding the forces, tensions, and handling to which the subject bottle was reasonably aind foreseeably subjected. 69. During the bottling process, the liquid beer was placed into the subject bottle, and the subject bottle was annealed, udder excessive pressure, thereby causing the subject bottle to explode. 70. At the time of each of the aforementioned sales and/or distributions, Defendants knew or should have known of the bottle's design and manufacturing defects and yet sold the bottle without warning. 71. Upon information and belief, had the subject bottle been designed and manufactured without the aforementioned design and manufacturing defects, Mr. Liu, would not have sustained any injury. 72. Upon information and belief, corrections to the aforementioned design and manufacturing defects were feasible at the time of the bottle's manufacture, supply, export, import, distribution, marketing, and sale. and said alternatives were modest in price. DAVID LIU V. EXTRADE II, S.A. de C.V., lCONSTELLA'TION BRANDS, INC., CROWN IMPORT'S, LLC, WILSBACH DISTROUTORS, INC., aid THEODORATOS QUALM WORTS d/b/a CARLISLE BEVERAGE EXPRESS 73. All of the preceding Paragraphs of this Complaint are incorporated herein by reference. 74. As a direct axed proximate result of the aforementioned explosion, Mr. Liu has sustained submmdal injury to his right eye, including but not limited to: a contusion and & x99150 12 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 15/17 millimeter laceration of bis right eye; a right subconjuctival hemorrhage, resulting in medial eccbymosis, hypema, and corneal astigmatism; and peninanent visual impairment. 75. As a direct and proximate result of the aforementioned injuries, Mr, Liu wee forced to incur and will in the future ; require expenses fbr medical care, prescriptions, medications, and similar goods and services in an effort to restore himself to health, and a claim is made therefor. 76. As a direct and proximate ;result of the aforementioned injuries, Mr. Liu, has suffered lost earnings, and a claim is made ihere£or. 77. Due to the nature of his injuras, it is believed, and therefore averred, that Mr, Liu has suffered a pemaanent diminution of his earning capacity, and a claim is made therefor. 78. As a direct and proximate ;result of the aforementioned injuries, Mr. Liu has undergone great physical and mental pain and suffering, bumiliation, disfigurement, and a 1033 Of life's pleasures and enjoyment, and claims are made therefor. WHMFORE, Plalatifr, David Liu; demands judgment against ExtrWe II, S.A. de C.V,, Constellation Brands, Inc., Crown Imports; LLC, Wilsbach Distributors, Inc., and Theodoratos Quality Imports d/b/a Carlisle Beverage Express, in excess of Fifty Thousand Dollars ($50,000,00), exclusive of interest and costs,, and in excess of any jurisdictional amount requiring compulsory arbitration, 4MSo 13 96/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 16/17 CLAIM II SIMARI XIMMEL V. EXTRADE IQ, S.A. de C.V., CONSTELI CATION BRANDS, INC., CROWN IMPORTS, LLC, "LLSBACH DISTROUTORS, INC., and TIEODORA.TOS QUALXTY IMPORTS d/b/a CARLISLE HEVEYtAGE EXPRESS 79. All of the preceding Paragjaphs of this Complaint are incorporated herein by reference. 80, As a direct and proximate result of the aforementioned injuries to her husband, David Liu, Ms. Kimmel has suffered a loss of the care, custody, "msoraum, society, and services of her husband, and a claim is made therefor. WHEREFORE, Plaintiff, Sherri Kimmel, demands judgment against Extt•ade II, S.A. de C.V., Constellation Brands, Inc., Crom. Imports, LLC, Wilsbach Distributors, Inc., and Theodormtos Quality Imports d/b/a Carlisle Beverage )Express, in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Dater May, 2012 Respectfully submitted, ANGINO & ROVNER, P.C. J J, RL-"- Richbd C. A.ngino, Esquire I.D. No. 07140 4503 N. Front Stmt Harrisburg, PA 17110 (717) 238-6791 ro4angino-rovraer.com Attorney for Plaintiffs 4M3O 14 06/04/2012 14:51 7172490353 J RODNEY FICKEL INS PAGE 17/17 VFW' ATI N Y, David Liu, Plaintiff, have read this foregoiyg Complaint and do hereby swear or affirm that the facts set forth therein are true and correct to the best of my knowledge, infwmation, mad belief. I understand that this Verification is made subject to the penalties of 18 N.C.S.A. §4904, relating to unworn falsification to authorities. ew.i?4" Who." Dated: DAVID LIU Dated: 5k J --..I..- Rt(YCI ABII F?TILESTlients'3050 Donegal\3050.Currenft3050.686U050.686.ensl Revised: 6/11/12 9:52AM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3313 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT THEODORATOS QUALITY IMPORTS DB/A CARLISLE BEVERAGE EXPRESS ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT TO: DAVID LIU AND SHERRI KIMMEL, husband and wife, PLAINTIFFS, and their Attorneys, RICHARD C. ANGINO, ESQUIRE, AND KRISTEN N. SINISI, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes Defendant, Theodoratos Quality Imports d/b/a Carlisle Beverage Express, by and through their attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiffs' Complaint as follows: 1-27. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. 28. Admitted, except said Defendant does business as "Beverage Express." 29-32. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. EXHIBIT "B" 33. Denied. Conclusions of law are alleged to which no answer is required. 34-53. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. COUNTI 54. Answering Defendant's answers to the preceding paragraphs are incorporated herein by reference. 55. Denied. Conclusions of law are alleged to which no answer is required. 56-72. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. CLAIM I 73. Answering Defendant's answers to the preceding paragraphs are incorporated herein by reference. 74-78. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. WHEREFORE, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express demands judgment in its favor against Plaintiffs. CLAIM II 79. Answering Defendant's answers to the preceding paragraphs are incorporated herein by reference. 80. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of these paragraphs. Proof is demanded. WHEREFORE, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express demands judgment in its favor against Plaintiffs. NEW MATTER 81. This action may be barred by the applicable statute of limitations. 82. Plaintiffs may have voluntarily assumed the risk of injury. 83. Plaintiffs may have been contributorily or comparatively negligent. 84. Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express had no involvement in the production, bottling, or packing of said alleged product. 85. Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express simply receives the product from distributors which are already boxed and sealed and do not alter the product. 86. The alleged event set forth in the Complaint may have been caused by the actions or inactions of third persons not parties at this time, including Robert Walter in that he/they may have misused, abused, shaken, clinked and hit the product and/or left the product in the hot sun. 87. Plaintiffs' Complaint fails to set forth a cause of action. WHEREFORE, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express demands judgment in its favor against Plaintiffs. NEW MATTER IN THE NATURE OF A CROSS-CLAIM JOINING EXTRADE U. S.A. DE C.V.. CONSTELLATION BRANDS. INC., CROWN IMPORTS, LLC. AND WILSBACH DISTRIBUTORS. INC.. AS ADDITIONAL DEFENDANTS 88. Paragraphs 1-80 of the Complaint are incorporated herein by reference for the purposes of this Cross-Claim and Joinder of other Defendants as Additional Defendants and not for purposes of admission, and paragraphs 84 and 85 of this New Matter are incorporated herein by reference. 89. In the event Plaintiffs prevail on their Complaint, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express (the joining party) alleges that Defendants Extrade II, S.A. de C.V., Constellation Brands, Inc., Crown Imports, LLC, and Wilsbach Distributors, Inc., are alone liable to the Plaintiffs or liable over to the joining party or jointly or severally liable to the Plaintiffs or liable to the joining party for the reasons set forth in the Plaintiffs' Complaint and for the reasons set forth in paragraphs 84 and 85 of this New Matter. i WHEREFORE, Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express demands judgment in its favor against Plaintiffs, and in the event Plaintiffs prevail, then against Extrade II, S.A. de C.V., Constellation Brands, Inc., Crown Imports, LLC, and Wilsbach Distributors, Inc., for sole liability to Plaintiffs, and for contribution and indemnification. Respectfully Submitted, MARTSON LAW OFFICES By TJ k Daniel K. Deardorff, Esquire I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express Dated: 611!0 1 VERIFICATION I, Rebecca McKee, Manager of Theodoratos Quality Imports d/b/a Beverage Express, acknowledge I have the authority to execute this Verification on behalf of Theodoratos Quality Imports d/b/a Beverage Express and certify the foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Answer with New Matter is that of counsel and not my own. I have read the document and to the extent the Answer with 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 the content of the Answer with New Matter 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. Theodoratos Quality Imports d/b/a Beverage Express 44 4 Re cca McKee, Man ger CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Gordon A. Einhorn, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Wilsbach Distributors, Inc. Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac, Delegacion Miguel Hidalgo, Mexico City, 11320 Mexico D.F. Constellation Brands, Inc. 207 High Point Drive, Building 100 Victor, NY 14564 Crown Imports, LLC 1 South Dearborn Street, Suite # 1700 Chicago, IL 60603 MARTSON LAW O '--.<m- iJ.Th a +- Ten East High Street Carlisle, PA 17013 Dated: (717) 243-3341 10 t VERIFICATION I, Rebecca McKee, Manager of Theodoratos Quality Imports d/b/a Beverage Express, acknowledge I have the authority to execute this Verification on behalf of Theodoratos Quality Imports d/b/a Beverage Express and certify the foregoing Additional Defendant Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Additional Defendant Complaint is that of counsel and not my own. I have read the document and to the extent the Additional Defendant Complaint 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 Additional Defendant Complaint 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. Theodoratos Quality Imports d/b/a Beverage Express RebeccaX4cKee, Manager r L CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Additional Defendant Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire ANG1NO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Gordon A. Einhorn, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attornevs for Wilsbach Distributors, Inc. Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac, Delegacion Miguel Hidalgo, Mexico City, 11320 Mexico D.F. Constellation Brands, Inc. 207 High Point Drive, Building 100 Victor, NY 14564 Crown Imports, LLC 1 South Dearborn Street, Suite #1700 Chicago, IL 60603 MARTSON LAW OF CES Ami J. Thu a Ten East High Street Carlisle, PA 17013 Dated: /s (717) 243-3341 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor David Liu (et al.) vs. Theodoratos Quality Imports (et al.) 4*N4?SC At CC ItJN Fy rrf!? s?.,E :rF ?rsE >rERlr ? Z512J1 19 APB 8: 19 I_ J l, r, IN _i.... ?. ?.crt?r r C J ^af t P.PKN 3?3L%'A?41A1 Case Number 2012-3313 SHERIFF'S RETURN OF SERVICE 05/30/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Wilsbach Distributors, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 05/30/2012 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return receipt requested to Crown Imports, LLC c/o The Corporation Trust Company. 05/30/2012 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return receipt requested to Constellation Brands, Inc. c/o The Corporation Trust Company. 06/04/2012 09:35 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 4, 2012 at 0935 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Theodoratos Quality Imports d/b/a Carlisle Beverage Express, by making known unto Len Mckee, Owner of Theodoratos Quality Imports at 1021 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. G HALL, DEPUTY 06/04/2012 08:14 AM - Dauphin County Return: And now June 4, 2012 at 0814 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Wilsbach Distributors, Inc. by making known unto Jim Garvin, Controller for Wilsbach Distributors, Inc. at 905 Katie Court, Harrisburg, Pennsylvania 17109 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint and Notice upon the within named defendant, Constellation Brands, Inc., in the following manner: On May 30, 2012 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known address of 1209 Orange Street, Wilmington, DE 19801. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by and adult in charge at June 4, 2012. 06/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint and Notice upon the within named defendant, Crown Imports, LLC, in the following manner: On May 30, 2012 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known address of 1209 Orange Street, Wilmington, DE 19801. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by and adult in charge at June 4, 2012. SHERIFF COST: $115.50 June 15, 2012 ,ci Gour'ySulte Sher!ft. Teleosoft SO ANSWERS, RON R ANDERSON, SHERIFF i':io' o t a Jack Duignan William T. Tully Chief Deputy Solicitor Michael W. Rinehart Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania DAVID LIU AND SHERRI KIMMEL, H/W VS County of Dauphin WILSBACH DISTRIBUTORS, INC. Sheriff s Return No. 2012-T-1600 OTHER COUNTY NO. 2012-3313 And now: JUNE 4, 2012 at 8:14:00 AM served the within NOTICE & COMPLAINT upon WILSBACH DISTRIBUTORS, INC. by personally handing to JIM GARVIN 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 905 KATIE COURT HARRISBURG PA 17109 CONTROLLER AND PERSON IN CHARGE AT TIME OF SERVICE Sworn and subscribed to before me this 5TH day of June, 2012 -)P*(Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Sheriff of D,-atVhin By/s//AVT' e'- ??'- Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $47.25 6/1/2012 ¦ Om*k b ft= 1, 2, and & Mao ow#de Mem 4 tf ReeMk N Delivery N dashed. ¦ Print your rM 0 and addn>11 an the reverse so "M rattan the Gard to-ycu. ¦ Attach 06 cod to the beck of the milpleal or WS& fm t If space permits. 1. Artlde Addressed to: Crown Imports, LLC c/o The Cotporation Trust Company 1209 Orange Street Wilmington, DE 19801 6 ? ApMrt O Mdieesee B. Reoebed by (ftftd monw C. Dsts of Dmvwy 0 2012 D. Is dsbay addiws MM M ftm Nwn 1? 0 Mw H YES, enter ddmy address bebw. Docket #2012-3313 Type `d%omw 13 Cwdlbd Mall 0 Exmw Md. mw Recdpt for Momhe dlse 0 kissed Md E3 CA.D. 4. Rsetrbled Ddwry! #Ddra r" 0 Yea 2. AM* Nw,dm 7006 0810 0000 7881 8851 (T?arndler Aam aervlcs krbeQ Ps Form 3811, February 2004 Dona" Regan Reoelpt 102eee.02-t1.12 ¦ Co q*b Mama 1, 2, and & Alec complete Item 4 N Rse11111abd Delivery is d.eir?ed. ¦ Ptlntrw -- sea xi-eddraea'on the reverse so #*Wm can rattan the card to you. ¦ Attat*"t b card to the back of the malkftw, or an In front M space permits. 1. Ar"clo to. Constell rionBrands, Inc. c/o The on Trust Company 1209 Orange Street Wilmington, DE 19801 x by (Prtrrrsd NWF* I C. Dale of Deevery D. Is ddvery addles IN 1 1 flan !Mn If YES, enter ddvwy address bebw. Docket #2012-3313 g OstlMd Melt 0 F1 i; Md O RepMered 0 RoUrr Rsasiptfo MerdwKVae 0 kissed Md 0 C.O.D. 4. ReetrloMd Ddwryt 0xka Feed 0 *s 2. Ardd* NUMbec.. (1 lNUWAomasrvloelhd 7096 0810- 0000 788.1 8844 Ps Form 3811, Febntary 2004 Dcnraeao Regan Reoelpt 102ee"2-WI" WILLIAM E. SCHAEFER, ESQUIRE E-mail: William. schaefer@zurichna.com Attorney I.D. No.: 70883 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 DAVID LUI and SHERRI KIMMEL, husband and wife v. EXTRADE II, S.A. de C.V.; CONSTELLATION BRANDS, INC.; CROWN IMPORTS, LLC; WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS ATTORNEY FOR DEFENDANT(S), CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC. CUMBERLAND COUNTY w- COURT OF COMMON PLEAP> NO.: 12-33130 TRIAL BY JURY OF 12 DEMAN_EI5? ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above captioned matter on behalf of Defendants, CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC., in the above captioned matter. Respectfully Submitted, HENDRZAK & LLOYD SCHAEFER, ESQUIRE Defendants Dated: WILLIAM E. SCHAEFER, ESQUIRE E-mail: William.schaefer@zurichna.com Attorney I.D. No.: 70883 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 DAVID LUI and SHERRI KIMMEL, husband and wife v. EXTRADE II, S.A. de C.V.; CONSTELLATION BRANDS, INC.; CROWN IMPORTS, LLC; WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS ATTORNEY FOR DEFENDANT(S), CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC. ..-3 r n M CUMBERLAND COUNTY 2 COURT OF COMMON PL r NO.: 12-3313? TRIAL BY JURY OF 12 DES {_ DEMAND FOR JURY TRIAL Twelve (12) members, exclusive of alternates, are hereby demanded by Defendants, CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC., in the above captioned matter. Dated: b Z Respectfully Submitted, HENDRZAK & LLOYD O THEE PROTHvNI uTAII 2412 JUN 29 Pty 2: CUMBERLAND COUN f PENNSYLVANIA ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID# : 07140 Kristen N. Sinisi, Esquire Attorney ID#: 311381 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mails: rca@angino-rovner.com ksinisi@angino-rovner.com Attorneys for Plaintiffs DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS AND NOW, come the Plaintiffs, David Liu and Sherri Kimmel, husband and wife, by and through their counsel, Angino & Rovner, P.C., and hereby reply to the New Matter of Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express (hereinafter, "Defendant Carlisle Beverage") as follows: 502248 1-80. Plaintiffs incorporate the allegations set forth in their Complaint as if set forth fully at length herein. NEW MATTER 81. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 82. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, it is specifically denied that Plaintiffs assumed the risk of injury or that Mr. Liu had a subjective understanding of the risk involved in locating himself near the subject bottle. 83. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, it is believed and therefore averred that at all times relevant hereto, Plaintiffs were acting as reasonable and prudent people under the circumstances and were exercising due care. It is specifically denied that Plaintiffs' alleged negligence exceeds that of Defendant(s). 84. Admitted in part, denied in part. Plaintiffs incorporate the allegations set forth in their Complaint as if stated herein. Plaintiffs admit that Defendant Carlisle Beverage had no involvement in the production and/or bottling of said product. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment that Defendant Carlisle Beverage had no involvement in the packing of said product. 85. Admitted in part, denied in part. Plaintiffs incorporate the allegations set forth in their Complaint as if stated herein. Plaintiffs admit that Defendant Carlisle Beverage receives 502248 the product from distributors, at which time the product is already boxed. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment that at the time Defendant Carlisle Beverage receives said product, the boxes containing it are sealed. Further, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment that Defendant Carlisle Beverage does not alter said product in any way. 86. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, it is believed and therefore averred that the alleged event and all damages and injuries resulting therefrom were caused by the defective nature of the subject bottle and not by the actions or inactions of third persons. 87. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. WHEREFORE, Plaintiffs David Liu and Sherri Kimmel, husband and wife, demand judgment in their favor and 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. NEW MATTER IN THE NATURE OF A CROSS-CLAIM JOINING EXTRADE II, S.A. DE C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, AND WILSBACH DISTRIBUTORS, INC., AS ADDITIONAL DEFENDANTS 88. Plaintiffs incorporate the allegations set forth in their Complaint as if set forth fully at length herein. 502248 89. The averments contained in Paragraph 89 are directed to parties other than Plaintiffs and, therefore, a responsive pleading thereto is not required. WHEREFORE, Plaintiffs David Liu and Sherri Kimmel, husband and wife, demand judgment in their favor and 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, ANGINO & ROVNER, P.C. Ric d gmo, Esquire I.D. No. 07140 Kristen N. Sinisi, Esquire I.D. No. 311381 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rca@angino-rovner.com Attorney for Plaintiffs Date: Jun, 2012 502248 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express was served by United States first-class mail, postage prepaid, upon the following: Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac Delegacion Miguel Hidalgo Mexico City, 11320 Mexico D.F. William E. Schaefer, Esquire Hendrzak & Lloyd 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 Attorneys for Defendants Constellation Brands, Inc. and Crown Imports, LLC Gordo A. Einhorn, Esquire Thomas, Thomas, & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Attorneys for Defendant Wilsbach Distributors, Inc. Daniel K. Deardorff, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 Attorneys for Defendant Theodoratos Quality Imports d1b/a Carlisle Beverage Express Angela D. Horchler Dated: June it , 2012 502248 THOMAS, THOMAS & HAFER, LLP Gordon A. Einhom, Esquire L D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7054 geinhom@tthlaw.com r= iLL'0 -0 F 1CF OF THE PROTHONO TAR Y 1012 JUN 29 PM 1: 19 CUMBERLANO COUNTY PENNSYLVANIA Attorneys for Defendant Wilsbach Distributors, Inc. DAVID LIU and SHERRI KIMMEL, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO: ALL PARTIES YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU THOMAS, THOMAS & HAFER, LLP ordon A. Einhorn, Esquire I. D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 Date: X12 ?// y geinhorn@thlaw.com THOMAS, THOMAS & HAFER, LLP Gordon A. Einhom, Esquire 1. D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 441-7054 geinhom@tthlaw. com Attorneys for Defendant Wilsbach Distributors, Inc. DAVID LIU and SHERRI KIMMEL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS, Defendants NO. 12-3313 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT WILSBACH DISTRIBUTORS, INC.'S ANSWER TO PLAINTIFFS' COMPLAINT DEFENDANT WILSBACH DISTRIBUTORS, INC., by and through its attorneys, Thomas, Thomas & Hafer, LLP, answers the Complaint with corresponding paragraph numbers as follows: PARTIES After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 2. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 3. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 4. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 5. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 6. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 7. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 8. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 9. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 10. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 11. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 12. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 13. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 2 14. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 15. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 16. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 17. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 18. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 19. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 20. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 21. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 22. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 23. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 24. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 3 25. Admitted in part and Denied in part. It is admitted that Defendant Crown supplies Corona Extra products to Defendant Wilsbach which is an Anheuser Busch wholesale beverage distributor whose territory includes central Pennsylvania and which supplies directly to retail stores. With respect to the averment that the subject bottle was supplied by Defendant Crown to Defendant Wilsbach, after reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of that averment. 26. Admitted. 27. Admitted in part and Denied in part. It is admitted that Wilsbach regularly conducts business in Cumberland County, Pennsylvania and that it sells Corona Extra Products to Carlisle Beverage Express. With respect to the averment that Wilsbach supplied or resold the subject bottle to Carlisle Beverage Express, after reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of that averment. 28. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 29. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 30. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 31. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 4 32. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 33. The averments of this paragraph constitute conclusions of law to which no response is required. FACTS 34. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 35. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 36. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 37. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 38. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 39. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 40. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 41. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 42. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 5 43. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 44. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 45. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 46. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 47. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 48. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 49. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 50. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 51. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 52. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 53. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 6 COUNTI STRICT PRODUCT LIABILITY DAVID LIU and SHERRI KIMMEL v. EXTRADE II, S.A. de C.V.,CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC,WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS 54. The Answering Defendant incorporates by reference paragraphs 1-54 above as though set forth herein in full. 55. The averments of this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed necessary, the averments are denied in that plaintiff's injuries were not caused by the design of the subject bottle. 56. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 57. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 58. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 59. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 60. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 61. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 62. Denied. On the contrary, at the time the subject bottle was sold, it was reasonably safe to its intended and foreseeable users. 7 63. Denied. On the contrary, the subject bottle was safe for ordinary and customary handling and usage. 64. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 65. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 66. Denied. On the contrary, the subject bottle, as designed, was able to withstand ordinary stress. 67. Denied. On the contrary, the subject bottle, as manufactured, was able to withstand ordinary stress. 68. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 69. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 70. Denied. On the contrary, the subject bottle contained no design or manufacturing defects. 71. Denied. On the contrary, the subject bottle contained no design or manufacturing defects. 72. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 8 CLAIM I DAVID LIU v. EXTRADE II, S.A. de C.V.,CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS 73. The Answering Defendant incorporates by reference paragraphs 1-73 above as though set forth herein in full. 74. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 75. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 76. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 77. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. 78. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. WHEREFORE, Defendant Wilsbach Distributor Inc. demands judgment in its favor and against plaintiff David Liu and Sherri Kimmel along with interest, cost of suit, and such other relief as this Court deems just and proper. CLAIM II SHERRI KIMMEL v. EXTRADE II, S.A. de C.V.,CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC,WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS 79. The Answering Defendant incorporates paragraph 1-78 above as though set forth herein in full. 9 80. After reasonable investigation, the Answering Defendant is without sufficient information to admit or deny the truth of the averments in this paragraph. WHEREFORE, Defendant Wilsbach Distributors, Inc. demands judgment in its favor and against Plaintiff Sherri Kimmel along with interest, costs of suit and such further relief as this Court deems just and proper. NEW MATTER AND AFFIRMATIVE DEFENSES 81. Plaintiffs Complaint fails to state a cause of action upon which relief may be granted. 82. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania Comparative Negligence Act 42 P.S.A. § 7102. 83. Plaintiffs claims may be barred by the applicable statutes of limitations. 84. Plaintiffs claims may be barred by the applicable statutes of repose. 85. Plaintiffs claims are barred by Plaintiffs assumption of the risk. 86. Plaintiffs injuries and damages were not proximately caused in any manner whatsoever by Wilsbach. 87. Any damages sustained by Plaintiffs were caused by improper, abnormal, unforeseeable or unintended use of, handling or maintenance with respect to the subject bottle by the Plaintiffs or by other persons and entities for whom Wilsbach is not responsible. 88. The subject bottle may have been substantially modified after it left the control of the manufacturer, and such modifications caused, in whole or in part, Plaintiffs alleged injuries and damages. 10 89. The subject product may have been altered or misused subsequent to its sale and delivery. WHEREFORE, Defendant Wilsbach Distributors Inc. demands judgment in its favor and against Plaintiffs David Lu and Sherry Kimmel. NEW MATTER CROSS-CLAIM 91. Defendant Wilsbach Distributors Inc. incorporates by reference its Answer to Plaintiffs Complaint as though set forth herein in full. 92. Defendant Wilsbach alleges by way of further defense that if Plaintiff had sustained damages as alleged in Plaintiffs Complaint, all of these damages are specifically denied, then said damages were not the result of any act or omissions on the part of Wilsbach, but rather, Defendants EXTRADE II, S.A. de C.V.,CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC and THEODORfTOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS are solely responsible to Plaintiffs for any damages, are jointly and/or severally liable or are liable over to Defendant Wilsbach for indemnification and/or contribution for all such damages. 11 WHEREFORE, Defendant Wilsbach Distributors Inc. requests entry of judgment in its favor and against EXTRADE II, S.A. de C.V.,CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS for contribution and/or indemnification, and such other relief including costs and attorney fees as the Court deems just and proper. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP don A. Einhorn, Esquire I.D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhorn@tthlaw.com Date: ? A 12 VERIFICATION I, Charles Sourbeer of Wilsbach Distributors, Inc., hereby state that the foregoing Answer to Plaintiffs' Complaint is true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Cha ZA04eo"es Sou eer, Wilsbach Distributors, Inc. CERTIFICATE OF SERVICE I, Gordon A. Einhorn, Esquire, of the law firm of Thomas, Thomas & Hafer, LLP, attorney for Defendant, Wilsbach Distributors, Inc., hereby certify that a true and correct copy of the foregoing document was sent to the following counsel of record by placing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Richard C. Angino, Esquire William E. Schaefer, Esquire Kristen N. Sinisi, Esquire Hendrzak & Lloyd Angino & Rovner, P.C. 3701 Corporate Center Parkway 4503 North Front Street Suite 100 Harrisburg, PA 17110 Center Valley, PA 18034 Daniel K. Deardorff, Esquire Extrade II, S.A. de C.V. Martson Law Offices Lago Alberto No. 156 Ten East High Street Col. Anahuac, Carlisle, PA 17013 Delegacion Miguel Hidalgo Mexico City, 11320 Mexico D.F. THOMAS, THOMAS & HAFER, LLP rdon A. Einhorn, Esquire I . D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhorn@tthlaw.com Date: G /2 8/ _-- 1108634.1 JUt _ 3 AM 11 ? 2 I JOHNSON, DUFFIE, STEWART & WEID.41x By: Jefferson J. Shipman UhS ERLANO C4U1?Y I.D. No. 51785",LVA1 301 M rket Street Attorneys for Additional Defendant Robert Walter a P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3313 V. EXTRAD II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants V. ROBERT WALTER, Additional Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of the Additional Defendant in the above-captioned matter. Respectfully submitted, OHN ,ON, DUFFIE, STEWART & WEIDNER B J. hipm n, Esquire ttorney I.D. No. 51785 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: July, 2012 Counsel for Additional Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Entry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on July _?L, 2012: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Counsel for Plaintiff Gordon A. Einhorn, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Wilsbach Distributors, Inc. Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac Delegacion Miguel Hidalgo Mexico City, 11320 Mexico D.F. Crown Imports, LLC 1 South Dearborn Street, Suite #1700 Chicago, IL 60603 Constellation Brands, Inc. 207 High Point Drive, Building 100 Victor, NY 14564 JOHNSON, DUFFIE, STEWART & WEIDNER y: /J- i r J. Shipma 503234 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Lq ,%" 131 xiriaP;rt????? ?)gCicE F R? 0THORD'tARY 2012 JUL -3 PM 1= 22 CUMNERLAND COUNTY PENNSYLVANIA David Liu (et al.) Case Number vs. Theodoratos Quality Imports (et al.) 2012-3313 SHERIFF'S RETURN OF SERVICE 06/25/2012 09:13 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2012 at 2113 hours, he served a true copy of the within Complaint and Notic ,upon the within named defendant, to wit: Robert Walter, by making known unto himself personally, at 1 2 Georgetown Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at t i a handing to him personally the said true and correct copy of the same. r7y r RISON, DEPUTY SHERIFF COST: $34.45 June 28, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF F:\FILES\Clients\3050 Donegal\3050 Current\3050 6869050.686.reply.wilsbachl Revised: 7/9/12 3.WPM j.lt 1TO Daniel K. Deardorff, Esquire ? I r 2 Jl. f 0 4 t? MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER t Pty 3: MARTSON LAW OFFICESUME3EFLANQ (; G+rY I.D. 17837 PENNSYLVA? A 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants IN THE COURT OF COMMUN MtAJ Ur CUMBERLAND COUNTY, PENNSYLVAI NO. 12-3313 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT THEODORATOS QUALITY IMPORTS D/B/A CARLISLE BEVERAGE EXPRESS REPLY TO NEW MATTER/CROSS-CLAIM OF DEFENDANT WILSBACH DISTRIBUTORS. INC. 81-85. Admitted. 86. After reasonable investigation, Defendant Beverage Express is without information to admit or deny the truth of the averment in this paragraph. Proof thereof is c 87. It is denied that Defendant Beverage Express improperly, abnormally, unfore or unintendedly used, handled, or maintained the subject bottle while it was in their Proof thereof is demanded. 88. It is denied that Defendant Beverage Express substantially modified the subject while it was in their possession. Proof thereof is demanded. 89. It is denied that Defendant Beverage Express altered or misused the subject while it was in their possession. Proof thereof is demanded. WHEREFORE, Defendant Beverage Express demands judgment in its favor Plaintiffs. 91. Defendant Beverage Express incorporates by reference its answer to Plaintiffs' Complaint: as though set forth herein in full. 92.. It is denied that Defendant Beverage Express committed any act or omission which would make it liable to Plaintiffs or the other Defendants in any manner whatsoever. Proof thereof is demanded. WHEREFORE, Defendant Beverage Express requests judgment in its favor and agair#st Plaintiffs and Extrade II, S.A. de C.V., Constellation Brands, Inc., Crown Imports, LLC, a?d Wilsbach Distributors, Inc. Respectfully Submitted, MARTSON LAW OFFICES By i L Daniel K. Deardorff, Esquire I.D. No.. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quallity Imports d/b/a Carlisle Beverage Express Dated: -1 C, I- VERIFICATION DANIEL K. DEARDORFF, :ESQUIRE, of the firm of MARTSON DEARDORPF WILLIAMS OTTO GILROY & FALLER, attorneys for Defendant Theodoratos Quality Imposts d/b/a Carlisle Beverage Express in the within action, certifies that the statements made in t) e foregoing New Matter/Cross-Claim are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 a. C.S. Section 4904 relating to unsworn falsification to authorities. 1? t,,-/ V' Daniel K. Deardorff, Esq I_ CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Reply to New Matter/Cross-Claim of Defendant Wils Distributors, Inc., was served this date by depositing same in the Post Office at Carlisle, PA, class mail, postage prepaid, addressed as follows: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Gordon A. Einhorn, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 :Harrisburg, PA 17108 Attorneys for Wilsbach Distributors, Inc. William E. Schaefer, Esquire Hendrzak & Lloyd 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 Attorneys for Crown imports, LLC and Constellation Brands, Inc. Extrade Il, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac, Delegacion Miguel Hidalgo, Mexico City, 11320 Mexico D.F. MARTSON LAW OFFICES Ami J. Thu ma Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: '1 FILED-OFFICE "i - THE PROTHONOTARY 2012 JUL 18 AM 11: 29 CUMBERLANO COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID# : 07140 Kristen N. Sinisi, Esquire Attorney ID#: 311381 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mails: rca@angino-rovner.com ksinisi@angino-rovner.com DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT WILSBACH DISTRIBUTORS. INC AND NOW, come the Plaintiffs, David Liu and Sherri Kimmel, husband and wife, and through their counsel, Angino & Rovner, P.C., and hereby reply to the New Matter Defendant Wilsbach Distributors, Inc. (hereinafter, "Defendant Wilsbach") as follows: -4 1 1-80. Plaintiffs incorporate the allegations set forth in their Complaint as if set fully at length herein. NEW MATTER AND AFFIRMATIVE DEFENSES 81. Denied. This paragraph is denied as a conclusion of law. To the extent that i paragraph is deemed to contain averments of fact, they are specifically denied. 82. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, it is believed and therefore averred that at all times relevant hereto, Plaintiffs were acting as reasonable and prudent people under the circumstances and were exercising due care. It is specifically denied that Plaintiffs' alleged negligence exceeds that of Defendant(s). 83. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 84. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 85. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, it is specifically denied that Plaintiffs assumed the risk of injury or that Mr. had a subjective understanding of the risk involved in locating himself near the subject bottle. 86. Denied. This paragraph is denied as a conclusion of law. To the extent that tAi paragraph is deemed to contain averments of fact, they are specifically denied. 87. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, Plaintiffs specifically deny that Mr. Liu was using, handling, or maintaining i 503568 2 subject bottle in any improper, abnormal, unforeseeable, or unintended manner. Rather, Mr. was merely located near the subject bottle when it exploded and was not employing the bottle in any manner. 88. Denied. This paragraph is denied as a conclusion of law. To the extent that his paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, Plaintiffs specifically deny that the subject bottle was modified after it left control of Defendant Wilsbach. 89. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. WHEREFORE, Plaintiffs David Liu and Sherri Kimmel, husband and wife, judgment in their favor and in an amount in excess of Fifty Thousand Dollars exclusive of interest and costs, and in excess of any jurisdictional amount requiring arbitration. NEW MATTER CROSS-CLAIM 91. Plaintiffs incorporate the allegations set forth in their Complaint as if set forth fully at length herein. 92. The averments contained in Paragraph 92 are directed to parties other than Plaintiffs and, therefore, a responsive pleading thereto is not required. WHEREFORE, Plaintiffs David Liu and Sherri Kimmel, husband and wife, judgment in their favor and in an amount in excess of Fifty Thousand Dollars ($50,000. exclusive of interest and costs, and in excess of any jurisdictional amount requiring arbitration. 503568 3 Respectfully submitted, ANGINO & ROVNER, P.C. Ric and C. gmo, Esquire I.D. No. 07140 Kristen N. Sinisi, Esquire I.D. No. 311381 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rca@angino-rovner.com Attorney for Plaintiffs Date: July, 2012 503568 4 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C., hereby certify that a and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendant Distributors, Inc. was served by United States first-class mail, postage prepaid, upon: Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac Delegacion Miguel Hidalgo Mexico City, 11320 Mexico D.F. William E. Schaefer, Esquire Hendrzak & Lloyd 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 Attorneys for Defendants Constellation Brands, Inc. and Crown Imports, LLC Gordo A. Einhorn, Esquire Thomas, Thomas, & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Attorneys for Defendant Wilsbach Distributors, Inc. Daniel K. Deardorff, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express Jefferson Shipman, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Attorneys for Additional Defendant, Robert Walter, Angela . Horchler Dated: July A 2012 503568 5 WILLIAM E. SCHAEFER, ESQUIRE E-mail: William.schaefer@zurichna.com Attorney I.D. No.: 70883 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 DAVID LIU and husband and wife ATTORNEY FOR DEFENDANT(S), CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC. C-3 C: n Cz -Z ;:11 rrim zm c. CUMBERLAND COUNTY ?z COURT OF COMMON PLEAE?r= ca -a C-) .?. NO.: 12-3313 A : TRIAL BY JURY OF 12 DEMANDED V. EXTRADE II, S.A. de C.V.; CONSTELLATION BRANDS, INC.; CROWN IMPORTS, LLC; WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS DEFENDANTS' IMPORTS, LLC and N BRANDS, IN REPLY TO NEW MATTER OF THEODORATOS QUALITY IMPORTS D/B/A CARLISLE BEVERAGE EXPRESS 88. As incorporation paragraphs are not properly included in New Matter, Defendant is advised that no formal response is required. To the extent that a formal response required, Answering Defendant denies the allegations contained in the foregoing paragraph as conclusions of law and/or other allegations denied pursuant to Pa.R.C.P. 1029(d)(e). 89. Denied. The allegations contained in this paragraphs constitute conclusions of law and/or other allegations, which are denied pursuant to Pa.R.C.P. 1029(e) & (d). Respectfully Submitted, HENDRZAK & LLOYD Dated: L E. SCHAEFER, ESQ. r Defendants, Crown Imports, LLC )n Brands, Inc. rn_ El c7I VERIFICATION William E. Schaefer, Esquire, hereby states that he is the attorney of record for Defendants, Crown Imports, LLC and Constellation Brands, Inc., in this action and verifies th statements made in the foregoing are true and correct Crown Imports, LLC and Constellation Brands, Inc. to the best of his knowledge, information and belief. The undersigned understanthat the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relatii to unsworn falsification to authorities. Date: L /" WILLIAM E. SCHAEFER, ESQUIRE E-mail: William. schaefer@zurichna.com Attorney I.D. No.: 70883 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 DAVID LIU and husband and wife v. CONSTELLATION BRANDS, INC.; et al ATTORNEY FOR DEFENDANT(S), CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 12-3313 TRIAL BY JURY OF 12 DEMANDED CERTIFICATE OF SERVICE I, William E. Schaefer, Esquire hereby certify that a true and correct copy of the foregoing document was sent via First Class United States Mail, postage prepaid to the counsel: Richard C. Angino, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Gordan A. Einhom, Esquire Thomas, Thomas & Hafer 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108 Ami J. Thumma, Esquire/Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto, P.C. 10 East High Street Carlisle, PA 17013 Extrade II, S.A. De C.V. 9150 Del Camino Road Suite 114 Scottsdale, AZ 85258 Dated: '/ /iL W E. SCHAEFER, ESQ. for Defendants, Crown Imports, LLC and tion Brands, Inc. A. F: TILES\Clients\3050 Donegall3050 Current\3050.686\3050.686.reply.walterl Revised- 7/25/12 2:49PM Daniel K. Deardorff, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17837 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI NO. 12-3313 CIVIL ACTION - LAW ROBERT WALTER, Additional Defendant : JURY TRIAL DEMANDED DEFENDANT THEODORATOS QUALITY IMPORTS DB/A CARLISLE BEVERAGE EXPRESS REPLY TO NEW MATTER/CROSS-CLAIM OF ADDITIONAL DEFENDANT ROBERT WALTER REPLY TO NEW MATTER 8. Denied. A conclusion of law is alleged. Proof is demanded. 9. Admitted. 10-12. Denied. A conclusion of law is alleged. Proof is demanded. C_ C, 13. Denied. The averments of the Additional Defendant Complaint are herein by reference. P" ?0 ?r- V u? WHEREFORE, Defendant Beverage Express demands judgment in its favor r ^+w la. a Plaintiffs and the other parties. REPLY TO CORSS CLAIM 14. Defendant Beverage Express incorporates by reference its answer to Plaintiffs' Complaint as though set forth herein in full. 15-16. It is denied that Defendant Beverage Express committed any negligence carelessness which would make it liable to Plaintiffs, the other Defendants or Additional in any manner whatsoever. Proof thereof is demanded. WHEREFORE, Defendant Beverage Express requests judgment in its favor and Plaintiffs and Extrade II, S.A. de C.V., Constellation Brands, Inc., Crown Imports, LLC, Wils Distributors, Inc., and Robert Walter. Respectfully Submitted, MARTSON LAW OFFICES if Y Zz., - Z Daniel K. Deardorff, Esquire I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Imports d/b/a Carlisle Beverage Express ty Dated: July 25, 2012 w VERIFICATION DANIEL K. DEARDORFF, ESQUIRE, of the firm of MARTSON DEARDO WILLIAMS OTTO GILROY & FALLER, attorneys for Defendant Theodoratos Quality Imp d/b/a Carlisle Beverage Express in the within action, certifies that the statements made in foregoing New Matter/Cross-Claim are true and correct to the best of his knowledge, informa and belief. He understands that false statements herein are made subject to the penalties of 18 C.S. Section 4904 relating to unsworn falsification to authorities. U, L2. Daniel K. Deardorff, Esquire CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & hereby certify that a copy of the foregoing Reply to New Matter/Cross-Claim of Additi Defendant Robert Walter was served this date by depositing same in the Post Office at Carlisle, first class mail, postage prepaid, addressed as follows: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys for Plaintiffs Gordon A. Einhorn, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Wilsbach Distributors, Inc. William E. Schaefer, Esquire HENDRZAK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 Attorneys for Crown Imports, LLC and Constellation Brands, Inc. Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac, Delegacion Miguel Hidalgo, Mexico City, 11320 Mexico D.F. Jefferson J. Shipman, Esquire LAW OFFICES OF JOHNSON DUFFIE 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Robert Walter MARTSON LAW OFFICES By r?I'VW Ami J. Thk?n m Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: July 25, 2012 s JOHNSON, DuFFIE, STEWAIrr & WEIDNER By: Jefftnw J. Shipman I.D. No. 51785 301 meet Street P. 0. Box 109 Lemoyne, PA 17043-0109 (717) 7614540 jjs@jdsw.com DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs OF TWE PROiHfON?t1TdRY 2012 JUL 27 PM 2: 00 me s for Additi nW Dal CUMBERLAND CNtV Robert PENNSYLVANIA IN THE COURT OF COMWJN PLEAS CUMBERLAND COUNTY, KNNSYLVA NO. 12-3313 V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants V. ROBERT WALTER, Additional Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PL is TO: David Liu and Sherri Kimmel do Richard C. Angino, Esquire Kristen N. Sinisi, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Wilsbach Distributors, Inc. c/o Gordon A. Einhom, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Extrade LI, S.A. de C.V. Constellation Brands, Inc. Lago Alberto No. 156 207 High Point Drive, Building 100 Col. Anahuac Victor, NY 14564 Delegacion Miguel Hidalgo Mexico City, 11320 Mexico D.F. TO: Crown Imports, LLC 1 South Dearborn Street, Ste. #1700 Chicago, IL 6M3 Theodoratos Quality Imports d/b/a Carlisle Beverage Express cto Daniel K. Deardorff, Esqulre Martson, Deardorff, Williams, Otto, Gilroy & Farr 10 East Nigh Street Carlisle, PA 17013 A AND NOW, this ,- day of July, 2012, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may entered against you. , DUFFLE, STEWART U r$6n J. Shier tan - Attorneys for Additional Defendant JO, DuFim, ST@WAR T & VVEIDHER By: Jeftrso t J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjsQidsw.com DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE li, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN PPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants V. ROBERT WALTER, Additional Defendant Attorneys for Additional Del Robert IN THE COURT OF C PLEAS CUMBERLAND COUNMPOEN LVA NSY NO. 12-3313 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Additional Defendant, Robert Walter, by and through hi counsel, Jefferson J. Shipman and Johnson, Duffle, Stewart & Weidner, and files the following Answer and New Matter to Plaintiffs' Complaint: 1. Admitted. 2. Admitted. nt A 3. Admitted. 4. Admitted. 5. Denied. The averments contained in paragraphs 5 and paragraphs 1 through 80 and paragraphs 84 through 86 of Defendant's Answer and Near Matter are conclusions of law and fact to which no response is required. If a response is to be required, the averments contained therein are specifically denied. 6. Denied. The averments contained in paragraph 6 and subpraphs through (d) are conclusions of law and fact to which no response is required. response is deemed to be required, the averments contained therein are denied. 7. Denied. The averments contained in paragraph 7 are conclusions of and fact to which no response is required. If a response is deemed to be required, averments contained therein are specifically denied. WHEREFORE, the Additional Defendant, Robert Walter, respec lly requ that judgment be entered in his favor and that Plaintiffs' Complaint be dismissed prejudice. NEW MATTER 8. That Defendants failed to state a cause of action againt Defendant, Robert Waiter. 9. That Plaintiffs' alleged cause of action may be bared by the Negligence and/or Assumption of the Risk. 10. That if it should be found that there was any negligence on the part of Additional Defendant, which is denied, then in that event, any such negligence was a a factual cause of the happening of the accident. 11. Plaintiffs' alleged cause of action may have been caused by 'third or entities not presently involved in this action. 12. Additional Defendant owed no duty of carne to the Plaintiff, 13. That at no time did Additional Defendant in any way muse, shake, clink and hit the product and/or leave the product in the hot sun. VOMMFORE, the Additional Defendant, Robert Walter, respectfully n that judgment be entered in his favor and that any and all claims being asserted him be dismissed with prejudice. • •°. .. ?? 14. The Answering Defendant Mr. Wafter incorporates herein by reference allegations of Plaintiff's Complaint, without admitting or denying same. 15. That to the extent that Plaintiff did allegedly suffer the claimed damages, which allegations are denied, then in that event said damages were caused, not as a'I result of any negligence or carelessness on the part of the Additional Defendant, Robert We er, but rather solely and exclusively as a result of the negligence and carelessness of Defendants, Extrad II, S.A. de S.A. de C.V., Constellation Brands, Inc., Crown Imports, LLIC, Wilsb h Distributors, Inc., and Theodoratos Quality Imports d/b/a Carlisle Beverage Express. 16. Defendants, Extrade 11, S.A. de C.V., Constellations Brands, inc., Imports, LLC, Wilsbach Distributors, Inc., and Theodoratos Quality Imports d/b/a Beverage Express, should therefore be held solely liable to Plaintiff, jlointly severally liable over to the Plaintiff, and/or liable over to the Additional Defendant, Walter, on any judgment that may be entered in favor of the Plaintiff and Additional Defendent, Robert Walter. WHEREFORE, the Additional Defendant, Robert Walter, respectfully NKluests Defendants, Extrade II, S.A. de C.V., Constellations Brands, Inc., Crown Imports, I Wilsbach Distributors, Inc., and Theodoratos Quality Imports d/b/a Ca fide Bevei Express, be held solely liable to the Plaintiff, jointly and severally liable' over to Plaintiff, and/or liable over to Additional Defendant, Robert Walter, on any judgment may be entered in favor of the Plaintiff and against Additional Defendant, Robert Walt Respectfully submitted, , DUFFIE, Date: July 2,.?, 2012 WEIDNE JbftWoNJ. Sh qf, EsquJre Attorney I.D. No. 51785 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Additional Defendant at VERIFICATION The undersigned, having read the attached Answer and New Matter of Defendant, hereby certifies that the attached Answer and New Matter it, based information furnished to counsel, which information has been gathered by counsel in course of this lawsuit. The language of the Answer and New Matter is that of coun4l and not of the undersigned. The undersigned verifies that he/she has read the Answer and New Matter and that it is true and correct to the best of his information a belief. To the extent that the contents of the Answer and New Matter' are that counsel, the undersigned has relied upon counsel in taking this Verification. TI Verification is made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unswc falsifications to authorities. /C'04?` 2?1 Dated:_/ 2? 21P! Z- . . l CER" SATE OF ME 1 hereby certify that a copy of the foregoing Answer and New Matterof Defendant has been duly served upon the following counsel of record, by depositing same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on J41y 2-3 , 2012: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire Angno & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Counsel for Plaintiff Gordon A. Einhom, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Wilsbach Distributors, Int. Extrade 11, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac Delegacion Miguel Hidalgo Mexico City, 11320 Mexico D.F. Crown Imports, LLC 1 South Dearborn Street, Suite #1700 Chicago, IL 60603 Constellation Brands, Inc. 207 High Point Drive, Building 100 Victor, NY 14564 Daniel K. Deardorff, Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 Counsel for Theodoratos Quality Imports dWa Carlisle Beverage Express DUFFIE, STEWART t J. 503388 WILLIAM E. SCHAEFER, ESQUIRE .. flLW LEE - FOR DEFENDANT(S), E-mail: William. schaefer@zurichna.corif ` ? ? LLC and Attorney I.D. No.: 70883 ?? 2 JUL 3 Q 4Tf,5,LATION BRANDS, INC. HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 UMBERLAND COUNTY Center Valley Pennsylvania 18034 PENNSYLVANIA (610) 709-8705 DAVID LUI and SHERRI husband and wife CUMBERLAND COUNTY COURT OF COMMON PLEAS V. EXTRADE II, S.A. de C.V.; CONSTELLATION BRANDS, INC.; CROWN IMPORTS, LLC; WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS NO.: 12-3313 TRIAL BY JURY OF 12 DEMANDED DEFENDANTS' CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC., REPLY TO NEW MATTER CROSS-CLAIM of CO-DEFENDANT WILSBACH DISTRIBUTORS, INC. 91. As incorporation paragraphs are not properly included in "New Matter", Answering Defendants have been advised that no formal response is required. In the event is determined that a formal response is required, the allegations incorporated into this are denied so far as they pertain to Answering Defendants. 92. Denied. The allegations contained in this paragraph are denied pursuant to Pa. R.C.P. 1029 (d) & (e). WHEREFORE, Answering Defendants seek judgment in their favor and request that Defendant's New Matter Cross-Claim be dismissed with prejudice. Respectfully Submitted, HENDRZAK & LLOYD SCHAEFER, ESQUIRE it Dated: `?1 1 VERIFICATION William E. Schaefer, Esquire, hereby states that he is the attorney of record for Defendants, Crown Imports, LLC and Constellation Brands, Inc., in this action and verifies that statements made in the foregoing Reply to New Matter Cross-Claim of Co-Defendant Wilsbac Distributors, Inc. are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. i Date ?Villiatn E. $&aefer? Esquire it WILLIAM E. SCHAEFER, ESQUIRE E-mail: William.schaefer@zurichna.com Attorney I.D. No.: 70883 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 husband and wife v. CONSTELLATION BRANDS, INC.; et al. ATTORNEY FOR DEFENDANT(S), CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 12-3313 TRIAL BY JURY OF 12 DEMANDED CERTIFICATE OF SERVICE I, William E. Schaefer, Esquire hereby certify that a true and correct copy of the foregoing document was sent via First Class United States Mail, postage prepaid to the counsel: Richard C. Angino, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Gordan A. Einhorn, Esquire Thomas, Thomas & Hafer 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108 Ami J. Thumma, Esquire/Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto, P.C. 10 East High Street Carlisle, PA 17013 Extrade II, S.A. De C.V. 9150 Del Camino Road Suite 114 Scottsdale, AZ 85258 Dated: t ?? 0 WILLIAM E.;SC AEFER, ESQ. Attorney forpefendants, Crown Imports, LLC Constellation Brands, Inc. THE PROTHON16TAR'. ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID# : 07140 Kristen N. Sinisi, Esquire Attorney ID#: 311381 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mails: rca@angino-rovner.com ksinisi@angino-rovner.com 2912 AUG -2 N4 2: G5 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiffs DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants V. ROBERT WALTER, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT, ROBERT WALTER AND NOW, come the Plaintiffs, David Liu and Sherri Kimmel, husband and wife, and through their counsel, Angino & Rovner, P.C., and hereby reply to the New Matter Additional Defendant, Robert Walter (hereinafter, "Mr. Walter") as follows: 1-7. Plaintiffs incorporate the allegations set forth in their Complaint as if set fully at length herein. NEW MATTER AND AFFIRMATIVE DEFENSES 8. The averments contained in Paragraph 8 are directed to parties other Plaintiffs and, therefore, a responsive pleading thereto is not required. 9. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, it is specifically denied that Plaintiffs assumed the risk of injury or that Mr. 4iu had a subjective understanding of the risk involved in locating himself near the subject Further, it is believed and therefore averred that at all times relevant hereto, Plaintiffs acting as reasonable and prudent people under the circumstances and were exercising due c*. It is specifically denied that Plaintiffs' alleged negligence exceeds that of Defendant(s). 10. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 11. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 12. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 13. Denied. This paragraph is denied as a conclusion of law. To the extent that thi paragraph is deemed to contain averments of fact, they are specifically denied. 504570 2 WHEREFORE, Plaintiffs David Liu and Sherri Kimmel, husband and wife, judgment in their favor and in an amount in excess of Fifty Thousand Dollars ($50,000. exclusive of interest and costs, and in excess of any jurisdictional amount requiring arbitration. CROSSCLAIM 14. Denied. Plaintiffs incorporate the allegations set forth in their Complaint as if forth fully at length herein. 15-16. The averments contained in Paragraphs 15-16 are directed to parties other Plaintiffs and, therefore, a responsive pleading thereto is not required. WHEREFORE, Plaintiffs David Liu and Sherri Kimmel, husband and wife, judgment in their favor and in an amount in excess of Fifty Thousand Dollars ($50,000 exclusive of interest and costs, and in excess of any jurisdictional amount requiring arbitration. Respectfully submitted, ANG1NO & ROVNER, P.C. Ric azd gino, Esquire I.D. No. 07140 Kristen N. Sinisi, Esquire I.D. No. 311381 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rca@angino-rovner.com Attorney for Plaintiffs Date: July, 2012 504570 3 r ? CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C., hereby certify that a and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendant Wils Distributors, Inc. was served by United States first-class mail, postage prepaid, upon: Dan Martinez Law Offices of Martinex & Martinez 819 Sonoma Avenue Santa Rosa, CA 95404 Attorneys for Extrade II, S.A. de C. V. William E. Schaefer, Esquire Hendrzak & Lloyd 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 Attorneys for Defendants Constellation Brands, Inc. and Crown Imports, LLC Gordo A. Einhorn, Esquire Thomas, Thomas, & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Attorneys for Defendant Wilsbach Distributors, Inc. Daniel K. Deardorff, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express Jefferson Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Attorneys for Additional Defendant, Robert Walter Dated: August 1, 2012 An el D. Horchler 504570 4 ?? Ep-Or F4Cc , ill r? ENE Pr?OCNG;?4T?,E. , 2°12 At?G -6 P?1 3' 16 CUMBMAND COUN?`? Q??sasYLyaE?iA WILLIAM E. SCHAEFER, ESQUIRE E-mail: William.schaefer@zurichna.com Attorney I.D. No.: 70883 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 husband and wife To The Plaintiffs: You are hereby notified to answer the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. William E. Sr,& r, Esquire V. EXTRADE II, S.A. de C.V.; CONSTELLATION BRANDS, INC.; CROWN IMPORTS LLC; WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS V. ROBERT WALTER ATTORNEY FOR DEFENDANT(S), CROWN IMPORTS LLC and CONSTELLATION BRANDS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 12-3313 TRIAL BY JURY OF 12 DEMANDED DEFENDANTS' CROWN IMPORTS LLC and CONSTELLATION BRAD ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NEW MATTER CROSS-CLAIM AND NOW COME, Answering Defendants, Crown Imports LLC and Constellation Brands, Inc., who, by and through their undersigned counsel, hereby file the following Plaintiffs Complaint, with New Matter and New Matter Cross-Claim, and in support thereof state as follows: 1. Denied. After reasonable investigation, Answering Defendants are knowledge or information sufficient to form a belief as to the truth of the averments in paragraph of Plaintiffs' Complaint and, therefore, denies the same and demands strict to thereof at trial. 2. Denied. After reasonable investigation, Answering Defendants are with u knowledge or information sufficient to form a belief as to the truth of the averments in flii paragraph of Plaintiffs' Complaint and, therefore, denies the same and demands strict pr co thereof at trial. 3-7. The allegations contained in these paragraphs are directed to Defendants o the than Answering Defendants and, as such, Answering Defendants have been advised that formal response is required. To the extent that a formal response is deemed necessary, allegations contained in this paragraph are denied pursuant to Pa. R.C.P. 1029 (d) & (e). 8. Admitted. 9. Admitted in part, denied in part. It is admitted that Answering Defendant Crow Imports LLC is a 50-50 joint venture between Grupo Modelo, S.A. de C.V. and Constellation Brands, Inc. It is denied that Answering Defendant Crown Imports LLC is a "50150 joint ve corporation, which was formed in 2007 between Grupo Modelo and Answering Defendant Constellation Brands, Inc. To the contrary, Answering Defendant Crown Imports LLC. is a limited liability company. 10. Denied. It is denied that "Defendant Crown was formed for the sole purpose importing Corona beer products into the United States from Mexico and marketing, distributin, and selling them throughout the United States, including in the Commonwealth of Pennsylvani To the contrary, Answering Defendant Crown Imports LLC was formed to import the Modelo portfolio and other fine beer brands into the United States, including the Commonwealth of Pennsylvania. 11. Admitted. 12. Admitted in part, denied in part. It is admitted only that Answering Defendant Constellation Brands, Inc. is a leading producer of premium wine and spirits in the United S and the World and that Answering Defendant Constellation Brands, Inc. invested in Crown Imports LLC, which limited liability company is a leading beer importer and marketer in the United States. All remaining allegations are denied. 13. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint, including each of the subparagraphs, refer to a written document, which is the best evidence its own terms. As such, any allegations concerning the content of said document are denied. 14-19. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint refer to a written document, which is the best evidence of its own terms. As such, any allegations concerning the content of said document are denied. 20. Denied. After reasonable investigation, Answering Defendants are knowledge or information sufficient to form a belief as to the truth of the averments in paragraph of Plaintiffs' Complaint and, therefore, denies the same and demands strict thereof at trial. 21. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint to a written document, which is the best evidence of its own terms. As such, any allegations concerning the content of said document are denied. All remaining allegations are denied pursuant to Pa. R.C.P. 1029 (d) & (e). 22. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. R. 1029 (d) & (e). 23. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint to a written document, which is the best evidence of its own terms. As such, any allegations concerning the content of said document are denied. All remaining allegations are denied pursuant to Pa. R.C.P. 1029 (d) & (e). 24. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. R. 1029 (d) & (e). 25. Admitted in part, denied in part. It is admitted that Answering Defendant Imports LLC distributed Group Modelo products, including Corona Extra beer, to Co- Wilsbach Distributors, Inc. All remaining allegations are denied pursuant to Pa. R.C.P. 1029 (4) & (e). 26-28. The allegations contained in these paragraphs are directed to Defendants than Answering Defendants and, as such, Answering Defendants have been advised that formal response is required. To the extent that a formal response is deemed necessary, allegations contained in this paragraph are denied specifically and under Pa. R.C.P. 1029 ( 29. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. R.C 1029 (d) & (e). 30. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. R.C 1029 (d) & (e). 31. The allegations contained in this paragraph are directed to a Defendant other Answering Defendants and, as such, Answering Defendants have been advised that no response is required. To the extent that a formal response is deemed necessary, the contained in this paragraph are denied specifically and under Pa. R.C.P. 1029 (d) & (e). 32. The allegations contained in this paragraph are directed to a Defendant other Answering Defendants and, as such, Answering Defendants have been advised that no response is required. To the extent that a formal response is deemed necessary, the contained in this paragraph are denied specifically and under Pa. R.C.P. 1029 (d) & (e). 33. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. R. 1029 (d) & (e). 34-53. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. R. 1029 (d) & (e). COUNTI DAVID LIU and SHERRI KIMMEL V. EXTRADE II S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN I LLC, WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY d/b/a CARLISLE BEVERAGE EXPRESS ALLEGED STRICT LIABILITY 54. Answering Defendants incorporate their answers to the foregoing though fully set forth herein at length. 55-57. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. R. 1029 (d) & (e). 58. Admitted in part, denied in part. It is admitted only that Answering as Crown Imports LLC is a supplier of certain products, including Corona Extra beer. With to the allegation that the subject bottle was supplied by Answering Defendant, after investigation and pending discovery/inspection of the bottle in question, Answering Defendant is without information sufficient to admit or deny the truth of the remaining allegations in this paragraph. 59. The allegations contained in this paragraph are directed to a Defendant other Answering Defendants and, as such, Answering Defendants have been advised that no response is required. To the extent that a formal response is deemed necessary, the contained in this paragraph are denied specifically and under Pa. R.C.P. 1029 (d) & (e). 60. The allegations contained in this paragraph are directed to a Defendant other Answering Defendants and, as such, Answering Defendants have been advised that no response is required. To the extent that a formal response is deemed necessary, the contained in this paragraph are denied specifically and under Pa. R.C.P. 1029 (d) & (e). 61-72. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. R. 1029 (d) & (e). WHEREFORE, Answering Defendants pray that Plaintiffs' Complaint be dismissed prejudice or that judgment be rendered wholly in favor of Answering Defendants. CLAIM I DAVID LIU V. EXTRADE II S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN 1 LLC, WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY d/b/a CARLISLE BEVERAGE EXPRESS 73. Answering Defendants incorporate their answers to the foregoing paragraphs I as though fully set forth herein at length. 74-78. Denied. The allegations contained in these paragraphs of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. R. 1029 (d) & (e). WHEREFORE, Answering Defendants pray that Plaintiffs' Complaint be dismissed prejudice or that judgment be rendered wholly in favor of Answering Defendants. CLAIM II SHERRI KIMMEL V. EXTRADE II S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN I: LLC, WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY d/b/a CARLISLE BEVERAGE EXPRESS 79. Answering Defendants incorporate their answers to the foregoing though fully set forth herein at length. 80. Denied. The allegations contained in this paragraph of Plaintiffs' Complaint constitute conclusions of law and/or other allegations denied and at issue pursuant to Pa. 1029 (d) & (e). WHEREFORE, Answering Defendants pray that Plaintiffs' Complaint be dismissed prejudice or that judgment be rendered wholly in favor of Answering Defendants. NEW MATTER. 1. Plaintiffs' damages, as claimed, were not proximately caused in any manner whatsoever by Answering Defendants. 2. If an accident occurred in the manner alleged by the Plaintiffs, then such as occurred as a result of the negligence of the Plaintiff, and under the terms of the Comparative Negligence Act of 1976, 42 Pa. C.S.A. 7102 et seq., the Plaintiff is not entitled to recover Answering Defendant or the recovery is to be reduced in accordance with the terms of aforesaid Act. 3. If it is judicially determined that the Plaintiff suffered any injuries and/or as a result of the accident as alleged in Plaintiffs underlying Complaint then such damages proximately caused by the Plaintiff himself. 4. All allegations pertaining to jurisdiction are denied and strict proof thereof is demanded at time of trial. 5. If the product in question was in fact supplied, distributed or sold by Defendants, then said product was being misused, abnormally used and/or abused at all times material to Plaintiff s alleged injury. 6. If the said product was supplied, distributed or sold Answering Defendants, said product was in an altered or substantially different condition than when it was manufactured or sold. 7. Plaintiff's cause of action as alleged and any damages claimed by Plaintiff caused in whole or in part, by individuals and/or entities over whom the Answering had no control, or right of control. 8. Plaintiffs failed to mitigate their alleged damages and, therefore, Answering Defendants are not liable. 9. By the actions at the date, time and place stated in the Plaintiffs' Complaint, Plaintiff assumed the risk of any and all injuries or damages, which he alleged to have 10. Plaintiffs' claims are barred by the Doctrine of Accord and Satisfaction, W the Doctrine of Res Judicata, Doctrine of Collateral Estoppel and/or Judicial Estoppel. 11. Plaintiff's claims are barred because of an express or implied contract or 12. On November 7, 1988, the Pennsylvania Supreme Court promulgated amended Pennsylvania Rule of Civil Procedure 238, hereinafter "Rule 238" with an immediate date. Rule 238, on its phase and as applied, violates the due process and equal protection of the Fourteenth Amendment to the United States Constitution; 42 U.S.C.A. Section 1983 of Civil Rights Acts; Article I, Sections 1, 6, 11, 26; and Article IV, Section 10(c) of the Pennsylvania Constitution. If there is a judicial determination that Rule 238 is constitutional, then liability for any interest imposed by this rule should be suspended during the period of time that Plaintiff fails 1 convey to the Defendants, a settlement demand figure, delays in responding to discovery, dela; in producing request made by the Defendants, and as a result of any delay, the Plaintiff should estopped from obtaining interest because of any violation of the discovery rules. 13. Plaintiffs failed to state a cause of action upon which relief can be granted. 14. If the accident occurred as Plaintiffs allege, which is denied, than the bottle in question was being misused and/or abused by Plaintiff and/or third parties, which caused his alleged injuries. 15. If the accident occurred as Plaintiffs allege, which is denied, than the bottle in question was in a condition materially different than the condition within it left the control of Answering Defendants. 16. Plaintiffs and/or their agents, may have spoliated evidence thereby unduly and unfairly prejudicing Answering Defendants and severely limiting their ability to defend this alleged action. 17. Answering Defendants did not have actual notice, nor could they be reasonably charged with notice under the circumstances, of any dangerous condition regarding the subject bottle at a sufficient time prior to the alleged occurrence underlying Plaintiff's alleged claims, and therefore, could not have taken protective measures. 18. Answering Defendants did not design or manufacture the product in question as such, if the same is determined to have been defective, which is specifically Answering Defendants hereby asserts a pass through defense to the manufacturer. 19. The negligent acts or omissions of individuals or entities other than Answering Defendants constituted intervening, superseding acts of negligence. 20. Answering Defendants hereby assert all applicable affirmative defenses, those defenses that will be revealed through discovery of information, documents materials currently in the possession of Plaintiffs, Co-Defendants or the Additional Defendant. WHEREFORE, Answering Defendant prays that Plaintiffs' Complaint be dismissed prejudice or that judgment be rendered wholly in favor of Answering Defendants. NEW MATTER CROSS-CLAIM 21. If Plaintiffs suffered damages, as alleged in the underlying Complaint, damages were caused solely by the negligence and carelessness of Defendants, Extrade II S de C.V., Wilsbach Distributors, Inc., Theodoratos Quality Imports, d/b/a, Carlisle Bever, Express and/or Additional Defendant Robert Walter, who are solely liable, jointly and severally liable and/or liable over to Answering Defendants. 22. If Answering Defendant is held liable to Plaintiff for all, or part of such as alleged by Plaintiffs, Defendants, Extrade II S.A. de C.V., Wilsbach Distributors, Inc., Theodoratos Quality Imports, d/b/a, Carlisle Beverage Express and/or Additional Defendant Robert Walter, are liable over to Answering Defendants by way of contribution or indemni , contractually or otherwise. WHEREFORE, Answering Defendants demands judgment in its favor and against Defendants, Extrade II S.A. de C.V., Wilsbach Distributors, Inc., Theodoratos Quality Import; d/b/a, Carlisle Beverage Express and/or Additional Defendant Robert Walter, for all sums paic by Answering Defendants to Plaintiffs as a result of verdict or settlement along with attorney'; fees, cost and interest. Respectfully submitted, E. SCHAEFER, ESQUIRE for Defendants I.D. No.: 70883 Dated: ? 3? Z P ` Corporate Center Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 (610) 709-8560 (fax) VERIFICATION Barbara J. LaVerdi , on behalf of Constellation Brands, Inc., in this action, verifies the statements made in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Name: Bar ar.i. L. erdi Title: Vice President, Associate General Counsel ?n and Assistant Secretary Dated: oZ?p p?cJ ?dZ VERIFICATION Michael Lurie, Esquire, on behalf of Crown Imports LLC verifies that the statements made in the foregoing Answer to Plaintiffs' Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. r llate: 3 ?, try, M WNW D. Lurie, Esquirt Senior Vice PresWent & General Counsel, Crown In"rts LLC WILLIAM E. SCHAEFER, ESQUIRE E-mail: William.schaefer@zurichna.com Attorney I.D. No.: 70883 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 DAVID LIU and husband and wife v. CONSTELLATION BRANDS, INC.; et al. ATTORNEY FOR DEFENDANT(S), CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 12-3313 TRIAL BY JURY OF 12 DEMANDED CERTIFICATE OF SERVICE I, William E. Schaefer, Esquire hereby certify that a true and correct copy of the document was sent via First Class United States Mail, postage prepaid to the following Richard C. Angino, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Gordan A. Einhom, Esquire Thomas, Thomas & Hafer 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108 Ami J. Thumma, Esquire/Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto, P.C. 10 East High Street Carlisle, PA 17013 Jefferson J. Shipman, Esquire Johnson, Duffie, Stuart and Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 Extrade II S.A. De C.V. 9150 Del Camino Road, Suite 114 Scottsdale, AZ 8525$_- E. SCHAtFER, ESQ. r-Defendants, Crown Imports, LLC Constellation Brands, Inc. Dated: 4?? _)__ WILLIAM E. SCHAEFER, ESQUIRE E-mail: William.schaefer@zurichna.com Attorney I.D. No.: 70883 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 DAVID LIU and husband and wife V. EXTRADE 11, S.A. de C.V.; CONSTELLATION BRANDS, INC.; CROWN IMPORTS, LLC; WILSBACH DISTRIBUTORS, INC. and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS V. ROBERT WALTER ATTORNEY FOR DEFENDANT(S), CROWN IMPORTS, LLC and . r , CONSTELLATION BRANDS, Il N ? c _ -+ CUMBERLAND COUNTY ?o COURT OF COMMON PLEAbti-_ "9' NO.: 12-3313 TRIAL BY JURY OF 12 DEMANDED FENDANTS', CROWN IMPORTS, LLC AND CONSTELLATION BRA REPLY TO NEW MATTER CROSS-CLAIM OF ADDITIONAL DEFENDANT ROBERT WALTER 14. As incorporation paragraphs are not properly included in New Matter, Defendant is advised that no formal response is required. To the extent that a formal response required, Answering Defendant denies the allegations contained in the foregoing paragraph as conclusions of law and/or other allegations denied pursuant to Pa. R.C.P. 1029(d) & (e). 15-16. Denied. The allegations contained in these paragraphs constitute conclusions and/or other allegations, which are denied pursuant to Pa. R.C.P. 1029(d) & (e). WHEREFORE, Answering Defendants seek judgment in their favor and request that Additional Defendant's New Matter Cross-Claim be dismissed with prejudice. Respectfully Submitted, HENDRZAK & LLOYD Dated: !VI E. SCHAEFER, ESQ. for Defendants, Crown Imports, LLC lion Brands, Inc. rn ?" xvrn v ?Q =- 1 O-T r-a ---i TTi h? law I VERIFICATION William E. Schaefer, Esquire, hereby states that he is the attorney of record for Defendants, Crown Imports, LLC and Constellation Brands, Inc., in this action and verifies statements made in the foregoing Reply to New Matter Cross-Claim are true and correct Cr Imports, LLC and Constellation Brands, Inc. to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the pen of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 41?2 f WILLIAM E. SCHAEFER, ESQUIRE E-mail: William.schaefer@zurichna.com Attorney I.D. No.: 70883 HENDRZAK & LLOYD 3701 Corporate Parkway, Suite 100 Center Valley, Pennsylvania 18034 (610) 709-8705 DAVID LIU and husband and wife v. CONSTELLATION BRANDS, INC.; et al. ATTORNEY FOR DEFENDANT(S), CROWN IMPORTS, LLC and CONSTELLATION BRANDS, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.: 12-3313 TRIAL BY JURY OF 12 DEMANDED CERTIFICATE OF SERVICE I, William E. Schaefer, Esquire hereby certify that a true and correct copy of the document was sent via First Class United States Mail, postage prepaid to the following Richard C. Angino, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Gordan A. Einhom, Esquire Thomas, Thomas & Hafer 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108 Ami J. Thumma, Esquire/Daniel K. Deardorff, Esquire Martson, Deardorff, Williams & Otto, P.C. 10 East High Street Carlisle, PA 17013 Jefferson J. Shipman, Esquire Johnson, Duffie, Stuart and Weidner 301 Market Street, PO Box 109 Lemoyne, PA 17043-0109 Extrade II S.A. De C.V. 9150 Del Camino Road, Suite 114 Scottsdale, AZ 85258 WILLIAM E. SC ER, ESQ. Attorney for " , endants, Crown Imports, LLC j Constellation Brands, Inc. Dated: U l y r. ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID# : 07140 Kristen N. Sinisi, Esquire Attorney ID#: 311381 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mails: rca@angino-rovner.com ksini si @angino-rovner. com IM1..J N7 t? C7 co Attorneys for Plaintiffs DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants V. ROBERT WALTER, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS CROWN IMPORTS LLC AND CONSTELLATIONS BRANDS, INC. AND NOW, come the Plaintiffs, David Liu and Sherri Kimmel, husband and wife, and through their counsel, Angino & Rovner, P.C., and hereby reply to the New Matter lof Defendants Crown Imports LLC (hereinafter, "Crown") and Constellation Brands, (hereinafter, "Constellation") as follows: 1-80. Plaintiffs incorporate the allegations set forth in their Complaint as if set fully at length herein. NEW MATTER 1. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, as parties in the chain of distribution of the defective product, Crown Constellation are strictly liable for the injuries caused thereby. 2. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, it is believed and therefore averred that at all times relevant hereto, Plaint were acting as reasonable and prudent people under the circumstances and were exercising . care. It is specifically denied that Plaintiffs' alleged negligence exceeds that of Defendants. 3. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, it is believed and therefore averred that at all times relevant hereto, Plainti were acting as reasonable and prudent people under the circumstances and were exercising c care. It is further denied that Plaintiffs were the proximate cause of any injuries they received. 4. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 5. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way 505073 2 further response, it is believed and therefore averred that at all times relevant hereto, were acting as reasonable and prudent people under the circumstances and were exercising care. It is further denied that Plaintiff misused, abnormally used, and/or abused the product. 6. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way ?f further response, it is believed and therefore averred that at all times relevant hereto, the product was in substantially the same condition as it was when designed, manufactured, sold. 7. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, as parties in the chain of distribution of the defective product, Crown Constellation are strictly liable for the injuries caused thereby. 8. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 9. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, it is specifically denied that Plaintiffs assumed the risk of injury or that Mr. I had a subjective understanding of the risk involved in locating himself near the subject bolt Further, it is believed and therefore averred that at all times relevant hereto, Plaintiffs wE acting as reasonable and prudent people under the circumstances and were exercising due care. 10. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 505073 3 11. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 12. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 13. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 14. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, it is believed and therefore averred that at all times relevant hereto, Plaint were acting as reasonable and prudent people under the circumstances and were exercising care. It is further denied that the subject bottle was misused and/or abused. 15. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. By way further response, it is'believed and therefore averred that at all times relevant hereto, the subj product was in substantially the same condition as it was when it left the control of Crown anc Constellation. 16. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 17. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 18. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 505073 4 19. Denied. This paragraph is denied as a conclusion of law. To the extent that paragraph is deemed to contain averments of fact, they are specifically denied. 20. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. WHEREFORE, Plaintiffs David Liu and Sherri Kimmel, husband and wife, judgment in their favor and in an amount in excess of Fifty Thousand Dollars ($50,000. exclusive of interest and costs, and in excess of any jurisdictional amount requiring arbitration. NEW MATTER CROSS-CLAIM 21-22. The averments contained in Paragraphs 21 and 22 are directed to parties other than Plaintiffs and, therefore, a responsive pleading thereto is not required. WHEREFORE, Plaintiffs David Liu and Sherri Kimmel, husband and wife, judgment in their favor and in an amount in excess of Fifty Thousand Dollars ($50, exclusive of interest and costs, and in excess of any jurisdictional amount requiring arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. Ric and C. Angino, Esquire I.D. No. 07140 Kristen N. Sinisi, Esquire I.D. No. 311381 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rca@angino-rovner.com Attorney for Plaintiffs Date: August 7 , 2012 505073 5 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C., hereby certify that a and correct copy of the foregoing Plaintiffs' Reply to New Matter of Defendants Crown LLC and Constellation Brands, Inc. was served by United States first-class mail, prepaid, upon: Dan Martinez Law Offices of Martinex & Martinez 819 Sonoma Avenue Santa Rosa, CA 95404 Attorneys for Extrade II, S.A. de C. V. William E. Schaefer, Esquire Hendrzak & Lloyd 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 Attorneys for Defendants Constellation Brands, Inc. and Crown Imports, LLC Gordo A. Einhorn, Esquire Thomas, Thomas, & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Attorneys for Defendant Wilsbach Distributors, Inc. Daniel K. Deardorff, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 Attorneys for Defendant Theodoratos Quality Imports dlb/a Carlisle Beverage Express Jefferson Shipman, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Attorneys for Additional Defendant, Robert Wal n Angel D. Horchler Dated: August 7 , 2012 505073 6 9 JOHNSON, DUFFIE, STEWART & WEIDNER By: Jefferson J. Shipman I.D. No. 51785 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 jjs@jdsw.com DAVID LIU and SHERRI KIMMEL, husband and wife, Plaintiffs Attorneys for Additional DefendE Robert Wal IN THE COURT OF COMMON PLEAS (PF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-3313 V. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants V. ROBERT WALTER, Additional Defendant 0 CROSS CLAIM OF DEFENDANT, CROWN IMPORTS, LLC AND CONSTELLATION BRANDS, INC. ! -.? Gy ru AND NOW, comes the Additional Defendant, Robert Walter, by and through his counsel, Jefferson J. Shipman and Johnson, Duffie, Stewart & Weidner, and files the following Answer to New Matter Cross Claim of Defendant, Crown Imports, LLC and CIVIL ACTION - LAW JURY TRIAL DEMANDED r z x> ?m y. Constellation Brands, Inc.: 21, 22. The averments contained in paragraphs 21 and 22 of the Cross Claim are conclusions of law and fact to which no response is required. If a response is deemed to be required, the averments contained therein are specifically denied. WHEREFORE, the Additional Defendant, Robert Walter, respectfully request thi judgment be entered in his favor and that any and all claims asserted against him be dismissed with prejudice. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDN Date: August ? , 2012 7 rs& J. Shipmoh, Esquire P Attorney I.D. No. 51785 301 Market Street - P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Additional Defendant VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) Jefferson J. Shipman, Esquire, states that he is the attorney for the parties filir the foregoing Answer to New Matter and Cross Claim of Defendant, Crown LLC and Constellation Brands, Inc. and that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon whi to make a verification and/or because he has greater personal knowledge of information and belief than that of the party for whom he makes this affidavit; and he has sufficient knowledge or information and belief, based upon his investigation the matters averred or denied in the foregoing document; and that this statement lis made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification authorities. JJbi~sPfi,Y Shipma6,/Tsquire A orney for Addition Defendant, Robert Walter Date: August, 2012 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer of Additional Defendant New Matter Cross Claim of Defendant, Crown Imports, LLC and Constellation Inc. has been duly served upon the following counsel of record, by depositing the in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on August 2012: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Counsel for Plaintiff Gordon A. Einhorn, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Wilsbach Distributors, Inc. Dan Martinez, Esquire Law Offices of Martinez & Martinez 819 Sonoma Avenue Santa Rosa, CA 95404 Counsel for Extrade II, S.A. de C. V. Daniel K. Deardorff, Esquire Martson, Deardorff, Williams, Otto, Gilroy & Faller 10 East High Street Carlisle, PA 17013 Counsel for Theodoratos Quality Imports d/b/a Carlisle Beverage Express William E. Schaefer, Esquire Hendrzak & Lloyd 3701 Corporate Center Parkway, Ste. 1 Center Valley, PA 18034 Counsel for Crown Imports, LLC and Constellation Brands, Inc. JOHNSON, DUFFIE, STEWART & WEIDNE Y:, ff 'r son J. Ship an 508767 F ~FIL.FSV('lientsV7050 DonegalA3050 Current\3050.686A3050.686_reply.convn & constellation) Revised 8'14/12 10.43AM Daniel K. Deardorff, Esquire ~'-,~~ ~E~~ ~ ~ FIE1 (G~ ~ ~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES ~l-~~'~~~~~~~-~~~`~`~ b ~~"~~~ ~ ~` LD. 17837 i~:nl~'i~`fh~'"~1~4C~ 10 East High Street ', Carlisle, PA 17013 (717) 243-3341 ~~~ Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express ~, DAVID LIU and SHERRI KIMMEL,, husband and wife, Plaintiffs v. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants v. ROBERT WALTER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl NO. 12-3313 CIVIL ACTION -LAW Additional Defendant : JURY TRIAL DEMANDED DEFENDANT THEODORATOS QUALITY IMPORTS DB/A CARLISLE BEVERAGE EXPRESS REPLY TO NEW MATTER/CROSS-CLAIM OF REPLY TO NEW MATTER 1-5. Admitted. 6-7. It is denied that Defendant Beverage Express improperly, abnormally, ly or unintendedly used, handled, or maintained the subject bottle while it was in their possession. Proof thereof is demanded. Moreover, it is denied that Defendant Beverage Express substanti lly modified the subject bottle while it was in their possession. Proof thereof is demanded. Final) it is denied that Defendant Beverage Express altered or misused the subject bottle while it was in their possession. Proof thereof is demanded. 8-13. Admitted. 14-15. It is denied that Defendant Beverage Express improperly, abnormally, unforeseeably or unintendedly used, handled, or maintained the subject bottle while it was in their possession. Proof thereof is demanded. Moreover, it is denied that Defendant Beverage Express substantially modified the subject bottle while it was in their possession. Proof thereof is demanded. Finally it is denied that Defendant Beverage Express altered or misused the subject bottle while it was in possession. Proof thereof is demanded. 16-18. Admitted. 19. It is denied that Defendant Beverage Express improperly, abnormally, unforeseeably or unintendedly used, handled, or maintained the subject bottle while it was in their possessi n. Proof thereof is demanded. Moreover, it is denied that Defendant Beverage Express substanti ly modified the subject bottle while it was in their possession. Proof thereof is demanded. Finally, it is denied that Defendant Beverage Express altered or misused the subject bottle while it was in their possession. Proof thereof is demanded. I~I 20. Admitted. WHEREFORE, Defendant Beverage Express requests judgment in its favor and Plaintiffs and Extrade II, S.A. de C.V.; Constellation Brands, Inc.; Crown Imports, LLC; Wils Distributors, Inc.; and Robert Walter. REPLY TO CROSS CLAIM 21-22. It is denied that Defendant Beverage Express committed any act or omission would make it liable to Plaintiffs or the other Defendants in any manner whatsoever. Proof is demanded. WHEREFORE, Defendant Beverage Express requests judgment in its favor and Plaintiffs and Extrade II, S.A. de C.V.; Constellation Brands, Inc.; Crown Imports, LLC; Wils Distributors, Inc.; and Robert Walter. Respectfully Submitted, MARTSON LAW OFFICES By \~j';,~(~ t~ l,~ j Daniel K. Deardorff, Esq I.D. No. 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Theodoratos Quality Dated: August 14, 2012 Imports d/b/a Carlisle Beverage Express VERIFICATION DANIEL K. DEARDORFF, ESQUIRE, of the firm of MARTSON DEARDOR~F WILLIAMS OTTO UILROY & FALI ER, attorneys for Defendant Theodoratos Quality d/b/a Carlisle Beverage Express in the within action, certifies that the statements made in i foregoing New Matter/Cross-Claim are true and correct to the best of his knowledge, informati and belief. He understands that false statements herein are made subject to the penalties of 18 '. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ ~ ;rte ~ ~ 1 r ~ ~ ~=G~- Daniel K. Deardorff, Esquire 'a. CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams Otto Gilroy & Fall~r, hereby certify that a copy of the foregoing Reply to New Matter/Cross-Claim of Defendants Cro~bvn Imports, LLC, and Constellation Brands, Inc., was served this date by depositing same in the P Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Richard C. Angino, Esquire Kristen N. Sinisi, Esquire ANGINO & ROVNER, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 Attorneys, for Plaintiffs Gordon A. Einhorn, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Wilsbach Distributors, Inc. William E. Schaefer, Esquire HENDR7.AK & LLOYD 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 Attorneys for Crown Imports, LLC and Constellation Brancz~s, Inc. Extrade II, S.A. de C.V. Lago Alberto No. 156 Col. Anahuac, Delegacion Miguel Hidalgo, Mexico City, 11320 Mexico D.F. Jefferson J. Shipman, Esquire LAW OFFICES OF JOHNSON DUFFIE 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Robert Walter MARTSON LAW OFFICES -. ,, Ami J. Thum a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 14, 2012 SOMAS, THOMAS & HAFER, LLP xdon A. Einhom, Esquire ). 59045 r5 North Front Street O. Box 999 ~rrisburg, PA 17108 17) 441-7054 ~fnhom~9tthfaw.com /. ,VID LIU and "ERRI KIMMEL, Plaintiffs ~-~ 'fl-pl~Fit~ r~~, IN~"~pROTNQNOT`AR'r°' ~~~? AUG E S PPi I : ~ g CU~#;~ERLAND C!?tJNtY ~~t~lVSYLVANlA Attorneys fer' Defend l~fsbach Distributors, v. XTRADE II, S.A. de C.V., ONSTELLATION BRANDS, INC., ROWN fMPORTS, LLC, IILSBACH DISTRIBUTORS, INC. and HEODORATOS QUALITY IMPORTS b/a CARLISLE BEVERAGE EXPRESS, Defendants v. RT WALTER, Additional Defendant Defendant Wilsbach Distributors, Inc., by and through its attorneys, The ~s & Hafer, LLP, answers the Crossclaim of Defendant Theodoratos Q d/b/a Carlisle Beverage Express with corresponding paragraph numbers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL ACTION -LAW JURY TRIAL DEMANDED 88. The answering Defendant incorporates paragraphs 1 through 80 of r to Plaintiffs' Complaint as though set forth here in full. 89. The averments of this paragraph constitute conclusions of law to which ~ is required. WHEREFORE, Defendant Wilbach Distributors, Inc. requests judgment in ~ and against Defendant Theodoratos Quality Imports d/b/a Carlisle Respectfully submitted, THOMAS, THOMAS & HAFER, LLP on A. Einhom, Esquire I.D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhom~tthlaw.com Y~/ ~~/ ~- its 2 VERIFICATION I, Gordon A. Einhom, verify that the statements made in the foregoing true and correct to the best of my knowledge, information and belief. I understand statements heraein are made subject to the penalties of 18 Pa. C.S. §4~4 relatin~~ to falsification to authorities. A. Einhom CERTIFICATE OF SERVICE I, Gordon A. Einhom, Esquire, of the law firm of Thomas, Thomas & Hafer, for Defendant, Wilsbach Distributors, Inc., hereby certify that a true and of the foregoing document was sent to the following counsel of record by p of same in the United States mail, postage prepaid, at Harrisburg, reseed as follows: :hard C. Angino, Esquire sten N. Sinisi, Esquire gino 8~ Rovner, P.C. ~3 North Front S#reet rrisburg, PA 17110 ~n Martinez, Esquire w Offices of Martinez & Martinez 9 Sonoma Avenue rota Rosa, CA 95404 lliam E. Schaefer, Esquire ndrzak & Lloyd D1 Corporate Center Parkway i#e 100 nter Valley, PA 18034 Daniel K. Deardorff, Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 Jefferson J. Shipman, Esquire Johnson, Duffie, Stewart & Weidner P. O. Box 109 Lemoyne, PA 17043-0109 THOMAS, THOMAS & HAFER, LLP $l /M ~~.~ rdon A. Einhom, Esquire I . D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhom a~Dtthlaw.com a ria 11128860.1 SOMAS, THOMAS &HAFER, LLP xrton A. E+nhom, Esquire ). 59006 !5 North Front Street O. Box 999 ~rrisburg, PA 17108 17) 441-7054 rinhomfa)tthlaw. corn ~ ~ ~'~~ I~R~ TNQNO TAR ~' ~~ i 1 Al1G 15 PM 1: 3 7 C~1Mt~ERLANO CQUNTY PENNSYLVANIA Attorneys for Defen /sbach Dis~utors, ,V1D LIU and IERRI KIMMEL, Plaintiffs ROBERT WALTER YOU ARE HEREBY NOTIFIED TO PLEAD RESPONSIVELY WITHIN TWE DAYS OF SERVICE HEREOF OR A JUDGMENT OF NON PROS MAY =RED AGAINST YOU. THOMAS, THOMAS 8~ HAFER, LLP v. TRADE II, S.A. de C.V., -NSTELLATION BRANDS, INC., .OWN IMPORTS, LLC, LSBACH DISTRIBUTORS, INC. and EODORATOS QUALITY IMPORTS /a CARLISLE BEVERAGE EXPRESS, Defendants v. WALTER, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL ACTION -LAW JURY TRIAL DEMANDED ''" - -=.- rdon A. Einhom, Esquire I.D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 /iy~~ geinhom(.a' tthlaw.com SOMAS, THOMAS & HAFER, LLP ~rdon A. Einhom, Esquire ). 59006 15 North Front Street O. Box 999 ~rrisburg, PA 17108 17) 441-7054 -inhom(b~tthlaw. corn VID LIU and ERRI KIMMEL, Plaintiffs v. LADE 11, S.A. de C.V., STELLATION BRANDS, INC., NN IMPORTS, LLC, BACH DISTRIBUTORS, INC. and )DORATOS QUALITY IMPORTS CARLISLE BEVERAGE EXPRESS, Defendants v. ZT WALTER, Additional Defendant Attorneys for Deiend~ Wilsbach ©istnbutors, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL ACTION -LAW JURY TRIAL DEMANDED Defendant Wilsbach Distributors, Inc. ("Wilsbach"), by and through its attorne s, Thomas & Hafer, LLP, answers the Crossclaim of Additional Defendant Rok with corresponding paragraph numbers as follows: 14. Defendant Wilsbach incorporates by reference its responses to ions contained in Plaintiffs' Complaint as though set forth here in full. 15. Denied. On the contrary, Defendant Wilsbach acted at all tin ably and with all due care. 16. The averments of this paragraph cons#itute conclusions of law to which ~o ~onse is required. WHEREFORE, Defendant Wilbach Distributors, Inc. demands judgment in rand against Additional Defendant Robert Walter. CROSSCLA/M AGAINST ROBERT WALTER 17. Defendant Wilsbach incorporates by references for purposes of crosscl without admission, the averments contained in Plaintiffs' Complaint. 18. Defendant Wilsbach alleges that if Plaintiffs sustained damages as all 'toffs' Complaint, all of these damages being specfically denied, then said dama not the result of any act or omissions on the part of Wilsbach but rather Additio ~ndant Robert Walters is solely responsible to Plaintiffs for any damages and is joi 'or severally liable or liable over to Defendant ~Isbach for indemnification an ;ribution for all such damages. 2 WHEREFORE, Defendant Wilbach Distributors, Inc. requests entry of its favor and against Additional Defendant Robert Walter for contribution and such other relief including costs and attorneys fees as the just and proper. Respectfully submitted, THOMAS, THOMAS 8~ HAFER, LLP ~~ i-~-~ rdon A. Ein om, squire I.D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhorn~tthlaw.com ~/~y/r~- 3 VER/F1CATlOAI I, Gordon A. Einhom, verify that the statements made in the foregoing true and correct to the best of my knowledge, information and belief. I understand statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating~~to falsification to authorities. A. Einhom CERTIFICATE OF SERVICE I, Gordon A. Einhom, Esquire, of the law firm of Thomas, Thomas 8~ Hafer, for Defendant, Wiisbach Distributors, Inc., hereby certify that a true and of the foregoing document was sent to the following counsel of record by of same in the United States mail, postage prepaid, at Harrisburg, ressed as follows: rd C. Angino, Esquire ~n N. Sinisi, Esquire o &~ Rovner, P.C. North Front Street ~burq. PA 17110 ~n Martinez, Esquire w Offices of Martinez & Martinez 9 Sonoma Avenue ~nta Rosa, CA 95404 -illiam E. Schaefer, Esquire endrzak & Lloyd X01 Corporate Center Parkway site 100 enter Valley, PA 18034 Daniel K. Deardorff, Esquire Martson Law Offices Ten East High Street Cariisle, PA 17013 Jefferson J. Shipman, Esquire Johnson, Duffle, Stewart & Weidner P. O. Box 109 Lemoyne, PA 17043-0109 THOMAS, THOMAS 8~ HAFER, LLP G on A. Einhom, Esquire I . D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhom~tthlaw.com a 11128891.1 HOMAS, THOMAS 8 HAFER, LLP adon A. Einhom, Esquire 1. 5900fi 5 North Frt~nt Street .O. Box 999 amsburg, PA 17108 17) 441-7054 VID LIU and ERRI KIMMEL, Plaintiffs r I.i:D-Gi~ t' ICS, ~~ ~F~ PROIHONOTAR"f ZO 12 AUG 15 PM 1 ~ 4 7 CUM~ERLAMO COUNTY PENNSYLV~-NiA Attorneys for Defen Wilsbach distributors, v. ;ADE 11, S.A. de C.V., 3TELLATION BRANDS, INC., NN IMPORTS, LLC, EACH DISTRIBUTORS, INC. and ?DORATOS QUALITY IMPORTS CARLISLE BEVERAGE EXPRESS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 12-3313 CIVIL ACTION -LAW JURY TRIAL DEMANDED v. RT WALTER, Additional Defendant Defendant Wilsbach Distributors, Inc., by and through its attorneys, Thom. is ~ Hafer, LLP, answers the Crossclaim of Defendants Crown Imports, LLC a ~Ila#ion Brands, Inc., with corresponding paragraph numbers as follows: 21. Denied. On the contrary, Defendant ~Isbach at all times act ably and with all due care. 22. The averments of this paragraph constitute conclusions of law to which i use is required. ' WHEREFORE, Defendant Wilbach Distributors, Inc. demands judgment in and against Defendants Crown Imports, LLC and Constellation Brands, Inc. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP don A. Einhorn, Esquire I . D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhorn~a tthlaw.com r/.y / z ~ its 2 VE1~FiCAT/0N I, Gordon A. Einhom, verify that the statements made in the fan3going true and correct to the best of my knowledge, informat~n and belief. I understand statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to fa~ification to authorities. ~~~, . A. Einhom CERTlF1CATE OF SERV/CE I, Gordon A. Einhorn, Esquire, of the law firm of Thomas, Thomas & Hafer, for Defendant, Wilsbach Distributors, Inc., hereby certify that a true and of the foregoing document was sent to the following counsel of record by of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvai ressed as follows: :hard C. Angino, Esquire sten N. Sinisi, Esquire gino & Rovner, P.C. )3 North Front Street rrisburg, PA 17110 rn Martinez, Esquire w Offices of Martinez & Martinez 9 Sonoma Avenue rota Rosa, CA 95404 Iliam E. Schaefer, Esquire ndrzak & Lloyd D1 Corporate Center Parkway ite 100 nter Valley, PA 18034 ate: 41~y /~~ 128975.1 1 Daniel K. Deardorff, Esquire Martson Law Offices Ten East High Street Carlisle, PA 17013 Jefferson J. Shipman, Esquire Johnson, Dufhe, Stewart & Weidner P. O. Box 109 Lemoyne, PA 17043-0109 THOMAS, THOMAS & HAFER, LLP ~~ rdon A. Einhom, Esquire I . D. 59006 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 geinhom~tthlaw.com a fiia __ _ __ i i `a12 AUG 31 Ply Z~ "L3 ~;UM~ER SYL~ AK ~ ~`, p ~ltN ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID# : 07140 Kristen N. Sinisi, Esquire .Attorney ID#: 311381 4503 North Front Street Harrisburg, PA 17110-1708 (717)238-6791 FAX (717) 238-5610 E-mails: rca@angino-rovner.com ksinisi@angino-rovner.com Attorneys for Plaintiffs DAVID LIU and SHERRI KIMMEL, husband and wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiffs v. EXTRADE II, S.A. de C.V., CONSTELLATION BRANDS, INC., CROWN IMPORTS, LLC, WILSBACH DISTRIBUTORS, INC., and THEODORATOS QUALITY IMPORTS d/b/a CARLISLE BEVERAGE EXPRESS Defendants NO. 12-3313 CIVIL CIVIL ACTION -LAW v. ROBERT WALTER, Additional Defendant JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE Please mark the above-captioned action discontinued without prejudice. 507031 Respectfully submitted, ANGINO & ROVNER, P.C. Ric ar gino, Esquire I.D. No. 07140 Kristen N. Sinisi, Esquire I.D. No. 311381 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rca@angino-rovner. com Attorney for Plaintiffs Date: August 29, 2012 507031 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C., hereby certify that a and correct copy of the foregoing Praecipe to Discontinue was served by United States first mail, postage prepaid, upon the following: Dan Martinez, Esquire Law Offices of Martinex & Martinez 819 Sonoma Avenue Santa Rosa, CA 95404 Attorneys for Extrade II, S.A. de C.: V. William E. Schaefer, Esquire Hendrzak & Lloyd 3701 Corporate Center Parkway, Suite 100 Center Valley, PA 18034 Attorneys for Defendants Constellation Brands, Inc. and Crown Imports, LLC Gordo A. Einhorn, Esquire Thomas, Thomas, & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Attorneys for Defendant Wilsbach Distributors, Inc. Daniel K. Deardorff, Esquire Manson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, PA 17013 Attorneys for Defendant Theodoratos Quality Imports d/b/a Carlisle Beverage Express Jefferson J. Shipman, Esquire Johnson Duffie 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Additional Defendant Robert Walter Dated: August 29, 2012 Angela D. Horchler 507031