The URL can be used to link to this page

Home My WebLink About02-0578BEATRICE MINNICH, as the Administratrix of the Estate of John Minnich, Plaintiff Vo HARTMAN CONCRETE, INC., and R.L. LIVINGSTON, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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 aRer 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 Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 ~O~C~ Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la corm en forma eserita sus defensas o sus objecionas a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corm tomato medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o oU'os derechos impoFtantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Fl., Cumberland County Courthouse Carlisle, Pennsylvania 17101 (717) 240-6200 233577. IWITGX, LC3 ORIGINAL BEATRICE MINNICH, as the Administratrix of the Estate of John Minnich, Plaintiff Vo HARTMAN CONCRETE, INC., and R.L. LIVINGSTON, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02.- ~?O~ JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Beatrice Minnich is the Administratrix of the Estate of John Minnich by virtue of Letters Testamentary granted to her by the Register of Wills in the Court of Common Please of Cumberland County on December 17, 2001. At the time of the incident set forth herein, John Minnich resided at 4806 East Tfindle Road, Mechanicsburg, Cumberland County, Pennsylvania 2. Defendant Hartman Concrete, Inc., is a business which regularly does business in Cumberland County, Pennsylvania, with its principal place of business at 2401 Pleasant Valley Road, York, York County, Pennsylvania. 3. Defendant R.L. Livingston, Inc., is a business which regularly conducts business in Cumberland County, Pennsylvania, with its principal place of business at One Blaine Mountain Road, Dillsburg, York County, Pennsylvania. 4. The facts and occurrences hereinafter related took place on or about May 7, 2001, at approximately 6:30 p.m., on the sidewalk at Silver Springs Courtyard, Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania. Silver Springs Courtyard is a residential retirement community. 233577.1 ~VITG~LC3 5. At that time and place, Mr. Minnich was walking on the new sidewalk and had moved to his right to pass another person who was walking in the opposite direction. 6. As Mr. Minnich walked on the sidewalk, his right foot caught in a defective raised portion of the sidewalk, causing him to fail forward and strike the pavement. 7. The foregoing trip and fail and ail of the injuries and damages set forth hereinafter sustained by John Minnich is the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Hartman Concrete, Inc., created and maintained the subject sidewalk as follows: a) failure to use reasonable care when creating and maintaining a sidewalk to ensure that it is level; b) failure to use greater care to ensure that the sidewaik is level when it is intended for use by elderly persons; c) failure to timely correct the defective sidewalk to make it level; and d) confirm that the cast-in-place concrete sidewaik was level given the back filling of stone and site-grading performed by R.L. Livingston, Inc. 8. The foregoing trip and fail and ail of the injuries and damages set forth herein sustained by John Minnich is the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant R.L. Livingston, Inc., performed back filling of stone and site-grade operations for the sidewalk that was being installed at the Silver Springs Courtyard, Ashburg Drive, Mechanicsburg, as follows: a) while Hartman Concrete, Inc., was to provide labor and materials necessary to complete installation of cast-in-place concrete work on Ashburg Drive, Defendant R.L. Livingston, Inc., was responsible for properly performing the back filling of stone and site- grading operations and failed to do so in such a manner so as to prevent the new sidewalk from shiRing, creating a dangerous condition in the new sidewalk; b) the back fill settled some time after Hartman Concrete, Inc., performed its work installing the cast-in-place concrete and the settlement of the stone and grading caused the sidewalk to shift, creating an uneven rise on the sidewalk walkway. 233577.1~MTGkLC3 2 CLAIM I Beatrice Minnich as Administratrix of the Estate of John Minnich v. Hartman Concrete, Inc., and R.L. Livingston, Inc. 9. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference. 10. Before his death, unrelated to the subject fall, Mr. Minnich sustained painful and severe injuries including but not limited to neck pain, right elbow contusion, reduced range of motion in his right elbow and shoulder, facial lacerations, fractured nose, and broken teeth. 11. By reason of the aforementioned injuries sustained by Mr. Minnich, he was forced to incur liability for medical treatment, dental treatment, medication, and similar miscellaneous expenses in an effort to restore himself to health, and a claim is made therefor by the Estate of John Minnich. 12. As a result of the aforementioned injuries, and before his death, Mr. Minnich had undergone physical and mental suffering, inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and a claim is made therefor by the Estate of John Minnich. 13. As a result of the aforementioned injuries, Mr. Minnich had been subject to humiliation and embarrassment, and a claim is made therefor by the Estate of John Minnich. WHEREFORE, Plaintiff Beatrice Minnich as the Administratfix of the Estate of John Minnich, deceased, demands judgment against Defendants Hartman Concrete, Inc., and R.L. 233577.1~VITG~LC3 3 Livingston, Inc., in an amount in excess of Twenty-five Thousand ($25,000.00) Dollars, exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. David L. Lutz I.D. No. 35956 4503 N. From Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 233577.1LMTG~LC3 4 VERIFICATION I, Beatrice Minnich, as Administmtrix of the Estate of John Minnich, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or afl'mn that the facts set forth in the foregoing are tree 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. Section 4904, relating to unswom falsification to authorities. Dated: Beatrice Minnich 233577.19dTG\LC3 POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA I.D. #:56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BEATRICE MINNICH, as the Administratdx of the Estate of John Minnich Plaintiff, HARTMAN CONCRETE, INC., and R.L. LIVINGSTON, 1NC. Defendants. ATTORNEYS FOR DEFENDANT R.L. LIVINGSTON, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO: 02-578 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, R.L. Livingston, Inc., in the above- captioned matter. BY: POST & SCHELL, P.C. I~I~ A. BO(~SMA, ESQUIRE Attbrffey for Def¢'fjl6nt R.L. Livingston,a~fic. CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: DATE: David L. Lutz, Esquire ANGINO & ROVNER 4503 N. Front Street Harrisburg, PA 17110 Thomas, Thomas & Haler, LLP 305 North Front Street Harrisburg, PA 17101 -2- SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2002-00578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MINNICH BEATRICE ADMIN ESTATE VS HARTMAN CONCRETE INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HARTMAN CONCRETE INC but was unable to locate Them deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 15th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 54.28 .00 91.28 02/15/2002 ANGINO & ROVNER R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~7~ day of ~~~ ~DO~x_ A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MINNICH BEATRICE ADMIN ESTATE VS HARTMAN CONCRETE INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: R L LIVINGSTON INC but was unable to locate Them deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 15th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/15/2002 ANGINO & ROVNER So answers_3~- . R. ~fhomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ?~oth~o ~ary (1 of 2) COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ 3. DEFENDANT/S/ i COURT NUMBER Beatrice Minnich et al 02-578 civil . TYPE OF WRIT OR COMPLAINT Hartman Concrete, Inc. et al Notice and C~i,plaint 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, A'FI'ACHED, OR SOLD. Hartman Concrete, Inc. 741-3746 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) !50B FAJ~I ~ ~1~. ~91 ~i~==~,t ;'a~.l~' noad ¥crk, PA /~ YORK, PA 17402 7. INDICATE SERVICE: Q PERSONAL 0 PERSON IN CHARGE ~I~DEPUTIZE _t~_._~___~_~3q~ [2 1ST CLASS MAIL r~ POSTED ~ OTHER NOW February 4 ,20 02 ,, %%%R~ ?Je~OUNTY, P~A.~;khe~:ub, deputiZ~Jchce, o~dh~j~, of . tO law. This deputization being made at the requ-~'st ~ ~;k of the plaintiff. SHERIFF OF _~ COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C~nSer£~o ADVANCE FEEPAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within writ may leave same without a watchman, in custndy of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such depu~' or the sheriff to any plaintiff herein for any less, destruction, or removal of any property before sheriff's sale thereof. 9. TYP a AD of EY / ORIGINATOR and SIGNATURE ~1~) r~. ~j~,, A~. 10. TELEPHONE NUMBER 11. DATEFILED 4503 N. FRONT ST., HARRISBURG, PA 17110 (717) 238-6791 2/1/02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND COUNTY SHERIFF 13. I acknowledge receipt of the writ or complaint as indicated above. J. LUDWIG 11,. ~TE2/5/02R,CE.V~D ],,. ~?~ng Ds1. 16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE'~ SHERIFF'S OFFICE ( ) OTHER( ) 17. [3 I hereby ce~fy and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) SEE REMARKS BELOW 18~d~__~/~N//,/~/3~72SERVED,/LISTADDRESS HERE IF NOT SHOWN ASOVE (Relationship to Defendant) 119. Da~of~en/ice [ 20. TiqleofServlce ~-.. ~'J~~. ~,'~ ~. I :~/o~/,~-- I /o/o~ .A//Y~PTS~te 3~ M[esl[nt. IDat~lTima .M~s ,n,.1Date Time Miles Int. IDate TIme Miles Iht IDa* Time Mi~I Int. IDale Time Miles ,.t. Phi,~ {'~{ i, I'~/ / I I { I I I I I } I / I } { } *,/') 23. Advance Costs [ 24. Service Costs [ 25. N/F I 26. Mileage [27. Postagel 28. Sub Total 29. Pound 30. Notary 31. Surchg. 132. ToL Costs] 33. Costs Du~ Refun~'~/~hec'k No. 75.00 I 24.00 I 26.28 I Is°-28 I I .oo I .~34, Foreign County Colts J 35. Advanca Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/Not Found 39.~54' 28Total COSts I'120' 72~"'F//~?'°' co,ts Du. or Refund 41. AFFIRMED and subscribed to before me this 13TH _ , / ~J SO~NSWERS ~ -- 44 Signature of 49. DATE 50 CEIVED I. WHITE * Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office II COUNTY OFYORK <2 of 2)OFFICE OF THE SHERIFF s..v,cEc.,.L (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ 3. DEFENDANT/S/ Beatrice Minnich et al 4. TYPE OF WI~IT OR COMPLAINT Ha~h,,an Concrete, Inc et al Notice and C~uplaint 5. NAME OF INDMDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. R · L.---~ -,.lvLnoston, Inc. 6. AblJI~I=3S.~'['R~E'[~ OR RFO V~ffI'H BOX NUMBER, APT. NO.. CITY, BORO, 'rwP., STATE AND ZIP CODE) One ~Mountain Road, Di]]~bL~rq, PA 17019 c~ PERSON~. O PERSON ,N CHARGE j'DEPUTIZE ~A~R__~T~!~d ~ ,ST CLASS M~UL 7. INDICATE SERVICE: CI POSTED {~ OTHER NOW Februaz7 4 ,20 02 I, SHERIFF OF"J~COUN'I'Y~, P~,do hereby depu~tiz~, the sheriff of York COUNTY to execute...~_ make_ rgtur~ according to law. This deputization being made at the request and dsk of the plaintiff. SHERIFF OF --~OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ct~be~land NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the port of such deputy or the sheriff to any plaintiff herein for any loss, deatmction, or removal of any properly before sheriff's sale thereof. 9. TYPEDAvIDNAME andL.ADDRESSL[JTZ ~°f A~OANEY~,,,~ · / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. ('Dtis area must be completed if notice is to be mailed). 13. I acknowledge receipt of the writ [ 14. DATE RECEIVED I 15. Expiration/Hearing Date or complaint as indiosted above. J. LUDWIG I 2/5/02 ~. I 3/2/02 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHERt[~ SEE REMARKS BELOW 17. [3 ~here~3~er~ifyandmtumaN~TF~N~Dbecause~amunable~catetheindividua~oumpany~etc~namedab~ve~(Sqemmad~s~) ~ -- ~.8. NAyE ,5~/nTgE qF INqM~/kL SER~V~g I LIST ADDP,,E/SS/,-IERE, IF NOT SHOWN ADOVF/'('~lelafleaship tp D~ender~ ~'~P~L~I~· ~ I g. Dale ofJsen~ce 1 2o. Ti/no of Service. 22. REMARKS: 34. Foreign County Costs I 35. Advance Costs 36. Sen~ce Costs I 37. Nofal~ Cell 38. Mileage/Postage/Not Found I I 41. AFFIRMED and subscribed to before me this 13TH [ t ~gnatom 42. day of FEBRUARY ,20 02 43. ~ '~1~. s~ i' NOTARIAl' SF_J~w,~""u'~.~. s' ~,atllre of Y" ork / MELISSAJ. SHAFFER, Notary Public ~ Ceunty[She~f/ i.,~w // CityofYork~Yor~,~N~u~]tV /I FOR WII~LIAM/I so. ~ AC~iSF~-~0~E-R-ECEtPT OF THE-~hEmO'~FIE'TU--~N ~i'IGNATURE OF pTHORIZED ISSUIN(~ AUTHORI'I~' AND ~I~I'F.E 31. Surchg. 32. Tot. Costs 33. CeslsOueorRefu~l CheckNo. I 39. Total Costs I 40. Costs Due or Refund 2/13/02 49, DATE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attomay 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office John Flounlacker, Esquire Attorney I.D. No.: 73112 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717)237-7134 BEATRICE MINNICH, as the Administratrix: IN THE COURT OF COMMON PLEAS ofthe Estate of John Minnich : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. : CIVIL ACTION - LAW HARTMAN CONCRETE, INC. and R.L LIVINGSTON, INC. Defendants : NO. 02-578 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for Defendant, Hartman Concrete, Inc., in the above- captioned case. Dated: .2.~/A THOMAS, THOMAS & HAFER, LLP Jolf,(n Flounlacker, Esquire I.D. Number: 73112 305 North Front Street P.O. Box 999 Harrisburg, PA 17101 (717) 237-7134 Counsel for Defendant, Hartman Concrete, Inc. CERTIFICATE OF SERVICE I. Jeannie L. Kawaleci an employee for the law firm Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the foregoing Entry of Appearance was served upon all counsel of record by first class United States mail, postage prepaid, addressed as follows, on the date set forth below: By First Class U.S. Mail: David Lutz, Esquire Angino & Rovner 4503 N. Front Street Harrisburg, PA 17110 Michael A. Boomsma, Esquire Post & Schell, P.C. P.O. Box 10248 Lancaster, PA 17065-0248 Dated: o~./Q.-'~'/6 '~ THOMAS, THOMAS & HAFER, LLP nni& L. Kawaiec POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA I.D. #:56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BEATRICE MINNICH, as the Administratrix of the Estate of John Minnich Plaintiff, V. HARTMAN CONCRETE, INC., and R.L. LIVINGSTON, INC. Defendants. ATTORNEYS FOR DEFENDANT R.L. LIVINGSTON, 1NC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO: 02-578 JURY TRIAL DEMANDED TO: ALL PARTIES NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED to plead to the within Answer and New Matter withi~ twenty (20) days of service thereof or a default may be entered against you. MICIi[AE~. I~J~II~SMA Attorfl~for Deq4ndant R.L. Livingston, Inc. POST & SCHELL, P.C. BY: MICHAEL A. BOOMSMA I.D. #:56062 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 BEATRICE MINNICH, as the Administratrix of the Estate of John Mirmich Plaintiff, V. HARTMAN CONCRETE, INC., and R.L. LIVINGSTON, INC. Defendants. ATTORNEYS FOR DEFENDANT R.L. LIVINGSTON, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION - LAW NO: 02-578 JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, R.L. LIVINGSTON, INC., TO PLAINTIFF'S COMPLAINT Defendant, R.L. Livingston, Inc., by his attorney, Michael A. Boomsma, Esq. and Post and Schell, P.C., hereby files his answer to Plaintiff's Complaint and alleges as follows: 1. Defendant, R.L. Livingston, Inc., denies the allegations contained in paragraph 1 of Plaintiff's Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations ~ursuant to Pa.R.C.P. 1029(e). 2. Defendant, R.L. Livingston, Inc., denies the allegations contained in ,aragraph 2 of Plaintiff's Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations pursuant to Pa.R.C.P. 1029(e). -2- 3. Admitted. 4. Defendant, R.L. Livingston, Inc., denies the allegations comained in paragraph 4 of Plaintiffs Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the troth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations )ursuant to Pa.R.C.P. 1029(e). 5. Defendant, R.L. Livingston, Inc., denies the allegations contained in paragraph 1 of Plaintiffs Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the troth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations pursuant to Pa.R.C.P. 1029(e). 6. Defendant, R.L. Livingston, denies the allegations contained in paragraph 6 of Plaintiffs Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the troth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations pursuant to Pa.R.C.P. 1029(e). 7. The averments contained in paragraph 7, including subparagraphs (a) through (d), of Plaintiffs Complaint are conclusions of law to which no responsive pleading is required. 8. The averments contained in paragraph 8, including subparagraphs (a) through (b) of Plaintiffs Complaint are conclusions of law to which no responsive pleading is required. 9. No responsive pleading is required. -3- 10. Defendant, R.L. Livingston, Inc., denies the allegations contained in paragraph l0 of Plaintiff's Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations ~ursuant to Pa.R.C.P. 1029(e). 11. Defendant, R.L. Livingston, Inc., denies the allegations contained in ~aragraph 11 of Plaintiff's Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations pursuant to Pa.R.C.P. 1029(e). 12. Defendant, R.L. Livingston, Inc., denies the allegations contained in paragraph 12 of Plaintiffs Complaint. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Defendant denies said allegations ~ursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendant, R.L. Livingston, Inc., requests this Honorable Court enter judgment in its favor and against all other parties. 13. can be granted. 14. NEW MATTER The Plaintiff may have failed to state a cause of action upon which relief The applicable Statute of Limitations may have expired prior to the institution of this action. 15. Answering Defendant was not negligent, careless, willful or wanton. -4- 16. Any acts or omission of answering Defendant alleged to constitute negligence were not substantial causes or factors of the subject incident and/or did not result in the injuries and/or losses alleged by the Plaintiff. 17. The incident and/or damages described in Plaintiff's Complaint may have been caused or contributed to by the Plaintiff. 18. The negligent, careless or reckless actions or omissions of other individuals and/or entities may have constituted intervening superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiff. 19. Plaintiff may have assumed the risk and were otherwise comparatively and/or contributorily negligent. 20. The incident, injuries and/or damages alleged to have been sustained by Plaintiff were not proximately caused by answering Defendant. 21. Plaintiff may not have properly mitigated her damages. 22. Plaintiff's claims may be barred or limited by the Dead Man's Act, 42 Pa.C.S.A. §§ 5930-5933. WHEREFORE, Defendant, R.L. Livingston, Inc., prays that the Complaint be dismissed, at the cost of the Plaintiff. NEW MATTER PURSUANT TO PA. R.C.P. 2252(d) IN THE NATURE OF A CROSSCLAIM AGAINST DEFENDANT~ HARTMAN CONCRETE~ INC. 23. If Plaintiff is entitled to recover, said recovery being specifically denied herein, it may be solely or partially as a result of the negligent acts or omissions of Defendant, Hartman Concrete, Inc., as more fully set forth in Plaintiffs Complaint, which allegations are incorporated herein solely for the purpose of this cross-claim, and they may be alone liable to -5- Plaintiff, or jointly and severally liable with answering Defendant, or liable over to Plaintiff or liable to answering Defendant for contribution and/or indemity. WHEREFORE, Defendant, R.L. Livingston, Inc., hereby prays that the Complaint be dismissed, at the cost of the respective parties, or, in the alternative, further relief alleged in paragraph 23 above. POST & SCHELL, P.C. -M~L fi~. ~SC)MSMA Attorney for ,[Ygtendant R.L. Livings't'fn, Inc. -6- VERIFICATION I, MICHAEL A. BOOMSMA, ESQUIRE, hereby state that I am the attorney for Defendant, R.L. Livingston, Inc., in this action and verify that the statements made in the foregoing document(s) are 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., Section 4904, relating to the unsworn falsification to authorities. DATE: i~I~7L A. BOOMyA~ ESQUIRE -7- CERTIFICATE OF SERVICE I, Sandra Morales, an employee of the law offices of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) by sending same in the United States mail, first-class, postage prepaid: DATE: David L. Lutz, Esquire ANGINO & ROVNER 4503 N. Front Street Harrisburg, PA 17110 John Flounlacker, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street Harrisburg, PA 17101 SANDRA MORALES -8- BEATRICE MINNICH, as the Administratrix of the Estate of John Minnich, Plaintiff HARTMAN CONCRETE, INC., and R.L. LIVINGSTON, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-578 Civil Term JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland County: Please mark the above-captioned action settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. Date: David L. Lutz I.D. No. 35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff 242032.1 ~DLL~MTG CERTIFICATE OF SERVICE I, Mary T. Geraets, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the PRAECIPE upon ail counsel of record via postage prepaid first class United States mail addressed as follows: John Flounlacker, Esquire 305 N. Front Slxeet P.O. Box 999 HanSsburg, PA 17108-0999 Attorney for Defendant Hartman Concrete, Inc. Michael Boomsma, Esquire 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 Attorney for Defendant R.L. Livingston, Inc. Dated: ~-~'~ t~3c'~ Mar~~. e'ets 242032.1 \DLL~ITG