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HomeMy WebLinkAbout02-0631F:kFI LES~DATAFILE\Gendoc.cur\ 104352-com. l/mah Crc. at,d: 10/29/01 10:14:40 AM Revised: 12/07/01 0~2:13:40 PM 10435.2 RUDY SIMONDI, Administrator of the : Estate of Michael P. Simondi, : Plaintiff : : V. : RANJIT SINGH, SAINI AVTAR, L. KEE : & COMPANY, INC., OLEXION RUBBISH: HAULING, INC., and REHMAT : TRUCKING, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO' JURY TRIAL OF TWELVE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Date: MARTSON DEARDORFF WILLIAMS & OTTO Geor~B Faller, Jr, Esqllti~, I.D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RUDY SIMONDI, Administrator of the Estate of Michael P. Simondi, Plaintiff : : V. : RANJIT SINGH, SAINI AVTAR, L. KEE : & COMPANY, INC., OLEXION RUBBISH: HAULING, INC., and REHMAT : TRUCKING, INC. : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Rudy Simondi, Administrator of the Estate of Michael P. Simondi, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO and avers as follows: 1. "deceased". The Plaintiff, Rudy Simondi, is the Administrator of the Estate of Michael P. Simondi Michael Simondi died on August 22, 2001 and Rudy Simondi was appointed the Administrator of the Estate of Michael P. Simondi on September 17, 2001 by the Cumberland County Registrar of Wills. He is survived by his wife Deborah J. Simondi and by his daughter Melissa Simondi, bom May 27, 1991. 2. The Defendant, Ranjit Singh, is an adult individual residing at 99-07 Corona Avenue, Apt. 3B, Corona, New York, 11368. 3. The Defendant, Saini Avtar, is an adult individual residing at 1407 79th Street, North Bergen, New Jersey, 07047. 4. The Defendant, L. Kee & Company, Inc., is a corporation with an authorized place of business at 33001 Dove Avenue, Union City, California, 94587. 5. The Defendant, Olexion Rubbish Hauling, Inc., is a corporation with an authorized place of business at 37 Saint Michael Street, Piscataway, New Jersey 08854. 6. The Defendant, Rehmat Tracking, Inc., is a corporation with an authorized place business at 2 Joyce Court, Manalapan, New Jersey 07726. 7. On or about August 22,2001, Plaintiff' s decedent, Michael P. Simondi, was operating his 1994 Honda Civic in the right hand southbound lane on interstate 81 in South Middleton Township, Cumberland County, Pennsylvania. 8. At that time, Defendant Singh was operating a Kenworth tractor trailer, owned by Defendant Avtar, in the right hand northbound lane of interstate 81. 9. The vehicles were heading in opposite directions. Defendant Singh moved his tractor trailer from the right lane to the left lane and then noticed that traffic was stopped in the left hand northbound lane. 10. At that time, Defendant Singh lost control of the vehicle which he was operating, causing it to travel into the grass median in between the north and southbound lanes. 11. As the Singh vehicle was heading towards the southbound lanes, the Plaintiff's decedent Michael Simondi attempted to brake his vehicle in response to the perceived sudden emergency created by Defendant Singh causing his vehicle to collide with the front of the tractor trailer operated by Defendant Singh. 12. The vehicle owned by Defendant Avtar and operated by Defendant Singh had been placed out of service via violations regarding the safety of the tractor trailer by the California Highway Patrol on August 17, 2001 at 2:17 p.m. 13. The violations, issued by the California Highway Patrol, which placed the vehicle out of service included violations indicating that the brakes were not properly operating and the tires did not have proper tread. 14. At the time of the accident on August 22,2001, the tractor trailer was being operated in violation of Federal Motor Carrier Safety Regulations including but not limited to the following: a. 393.48(a) - Discovered axle #1, left side brake inoperable. Broken at slack adjuster and push rod. Axle #2, right side brake inoperable. Absence of effective braking action, no movement. b. 396.3A1BA - Four of four trailer brakes beyond maximum readjustment limits. Two of six power unit brakes beyond maximum readjustment limits. c. 393.75(b) - Tire front tread depth less than 4/32 of inch, axle #1 right side. d. 396.17(c) - Operating a commercial vehicle with out periodic inspection, trailer inspection expired on 07/99. e. 390.21(a) - No DOT #, markings and/or name, city, state. f. 392.2 - Trailer registration expired on 12/00 g. 395.8 - Driver total hours not documented for August 21, 2001, in record of duty status. Driver mileage not documented for August 21, 2001, in record of duty status. 15. At the time of the accident on August 22, 2001, Defendant Singh was operating the tractor trailer in disregard of Federal Motor Carrier Safety Regulations regarding the maximum hours driven and recording of duty status and driver mileage contained in Federal Motor Cartier Safety Regulations 395.8 16. At the time of the collision on August 22, 2001, the safety violations noted by the California Highway Patrol on August 17, 2001 had not been addressed or corrected by the Defendants Avtar or Singh. The operation of a tractor trailer in the condition as it existed on August 22, 2001 constituted outrageous conduct, indicating a reckless indifference of the rights of the motoring public including Plaintiff's decedent Michael Simondi. 17. by reference. 18. COUNT I NEGLIGENCE Rudy Simondi as Administrator of the Estate of Michael P. Simondi v. Ranjit Singh The averments of paragraphs 1 through 16 of this Complaint are hereby incorporated The collision was caused by the negligence, recklessness, carelessness and outrageous reckless indifference of Defendant Singh in that he; a. Failed to properly operate and control his vehicle. b. Failed to properly keep his vehicle within its proper lane of travel. c. Failed to properly change lanes. d. Failed to properly stop his vehicle within the assured Clear Distance Ahead. e. Failed to properly operate and control his vehicle to the extent that he could bring it to a safe stop without entering the median while heading toward oncoming southbound traffic. f. Operated the vehicle with actual knowledge that his vehicle had existing safety violations which had placed it out of service and made it unsafe and unfit to be operated on the highway. WHEREFORE, Plaintiffdemands judgment against Defendant Singh for all damages which would be recoverable under the Pennsylvania Wrongful Death and Survival Acts plus interest and costs. 19. by reference. 20. COUNT II NEGLIGENCE Rudy Simondi as Administrator of the Estate of Michael P. Simondi v. Saini Avtar The avemients of paragraphs 1 through 18 of this Complaint are hereby incorporated Defendant Avtar, as the owner of the vehicle operated by Defendant Singh, had a duty to ensure that the vehicle was capable of being safely operated on the highways. 21. For the reasons set forth herein and the specific violations of the Federal Motor Carrier Safety Regulations which have been set forth Defendant Avtar failed to exercise reasonable control in the maintenance and upkeep of the tractor trailer owned by Defendant Avtar and operated by Defendant Singh at the time of the collision. 22. The Defendant Avtar negligently entrusted the vehicle which he owned to Defendant Singh to drive the vehicle across the United States from Union City, California to North Bergen, New Jersey when he knew or should have known that Defendant Singh was not capable safely operating the vehicle. 23. The collision described herein occurred as a result of the negligence, recklessness, carelessness and outrageous indifference of the likes of others of the Defendant Avtar. WHEREFORE, Plaintiff demands judgment against the Defendant Avtar for all damages recoverable under the Pennsylvania Wrongful Death and Survival Acts. 24. by reference. 25. COUNT III NEGLIGENCE Rudy Simondi as Administrator of the Estate of Michael P. Simondi V. L. Kee & Company, Inc. The averments of paragraphs 1 through 23 of this Complaint are hereby incorporated At the time of the collision on August 22, 2001, which resulted in the death of Michael P. Simondi, the tractor trailer owned by Defendant Avtar and operated Defendant Singh had been hired by L. Kee & Company, Inc. to ship goods from Union City, California to a K-Mart Distribution Center in North Bergen, New Jersey. 26. At the time of the collision, Defendants Avtar and Singh were acting as the agents, servants or employees of Defendant L. Kee & Company, Inc. and L. Kee & Company, Inc. is therefore vicariously liable for the acts of Defendants Avtar and Singh. 27. In the alternative, Defendants Avtar and Singh were acting as independent contractors who where retained by L. Kee & Company, Inc. to deliver the goods to the K-Mart Distribution Center in North Bergen, New Jersey. 28. The Defendant L. Kee & Company, Inc. failed to exercise reasonable care in hiring or retaining the truck owned by Defendant Avtar and operated by Defendant Singh in that they failed to conduct any proper inquiries which would have divulged the information regarding the unfitness of the tractor trailer to be safely operated on the highways. 29. The accident which was described herein, resulting in the death of Michael P. Simondi, resulted as a result of the direct and proximate result of the negligence of the Defendant L. Kee & Company, Inc. WHEREFORE, Plaintiffdemands judgment against the Defendant L. Kee & Company, Inc. for all damages recoverable under the Pennsylvania Wrongful Death and Survival Acts plus interest and costs. 30. by reference. 31. COUNT IV NEGLIGENCE Rudy Simondi as Administrator of the Estate of Michael P. Simondi V. Rehmat Trucking, Inc. and Olexion Rubbish Hauling, Inc. The avem~ents of paragraphs 1 through 29 of this Complaint are hereby incorporated At the time of the accident on August 22, 2001, which resulted in the death of Michael P. Simondi, the tractor trailer owned by Defendant Avtar and operated Defendant Singh was released to the Defendant Rehmat Trucking, Inc., Icc # 383205 and Dot # 875741. 32. At the time of the collision described in this Complaint, which resulted in the death of Michael P. Simondi, the tractor trailer owned by Defendant Avtar and operated by Defendant Singh was leased to Defendant Olexion Rubbish Hauling, Inc., Dot # 740810. 33. At the time of the collision Defendants Avtar and Singh were acting as the agents, servants or employees of Defendant Olexion Rubbish Hauling, Inc. and for Defendant Rehmat Trucking, Inc. 34. At the time of the collision, Defendant Singh was operating the tractor trailer in the scope and course of interstate commerce while transporting goods and Defendants Olexion Rubbish Hauling, Inc. and Rehmat Trucking, Inc. are therefore financially responsible to the motoring public for their actions under Federal Motor Carrier Safety Regulations. 35. By leasing a truck which they knew or should have known was not capable of being safely operated on the highways, Defendant Rehmat Trucking, Inc.'s and/or Defendant Olexion Rubbish Hauling, Inc.'s conduct constituted outrageous conduct which showed a reckless indifference to the rights of the motoring public, including Plaintiff's decedent Michael P. Simondi. 36. The collision described in the Complaint, which resulted in the death of Michael P. Simondi, occurred as a result of the negligence, recklessness and carelessness of Defendants Olexion Rubbish Hauling, Inc. and Rehmat Trucking, Inc. WHEREFORE, Plaintiff demands judgment against the Defendants Olexion Rubbish Hauling, Inc. and Rehmat Trucking, Inc. for all damages recoverable under the Pennsylvania Wrongful Death and Survival Acts. MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Rudy Simondi, Administrator of the Estate of Michael P. Simondi Date:(~~~t ~2 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, infoscaation and belief. To the extent that the content of the document 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. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Rudy Simondi CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Ranjit Singh 99-07 Corona Avenue, Apt 3B Corona, NY 11368 Mr. Saini Avtar 1407 79th Street North Bergen, NJ 07047 L. Kee & Company, Inc. 33001 Dove Avenue Union City, CA 94587 Olexion Rubbish Hauling, Inc. 37 Saint Michael Street Piscataway, NJ 08854 Rehmat Tracking, Inc. 2 Joyce Court Manalapan, NJ 07726 MARTSON DEARDORFF WILLIAMS & OTTO Melind~ A. Hall Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated. F:LFILESW)ATAFILE\Gendoc cur\104352-afl 1 Created: 02/25/02 09:21:48 AM Revised: 02125/02 09:28:27 AM 10435 2 RUDY SIMONDI, Administrator of the Estate of Michael P. Simondi, Plaintiff RANJIT SINGH, SAINI AVTAR, L. KEE : & COMPANY, INC., OLEXION RUBBISH: HAUL1NG, 1NC., and REHMAT : TRUCKING, INC. : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-631 JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint was mailed to Defendant Olexion Rubbish Hauling, Inc. at 37 Saint Michael Street, Piscataway, NJ 08854, on February 8, 2002, by certified mail, return receipt requested. Attached is the Post Office remm receipt signed and dated February 9, 2002. Sworn to and subscribed before me this 25th day of February, 2002 Pubii~ - NOTAR AL SEAL TRICIA D. ECKENROAD, Notary Public Carlisle Boro., Cumberland County My ~mmissien Eaetras Oct, 23. 20.04 · Complete Items 1, 2, ar~ 3. Nco compete Item 4 if ReetC~cte~ D~lvery is desired. · Print your name ~ address on the mveme so Ulat we can retum the carcl to you' · Attach this card to the back of the mailpiece; or on the fTo~t if space permlts. A. Receivedby(F/ea~ep~tCtea,.fy) B. Date of Dellve~ rn A~ent I"1 AG_~. ,,,.,,~ dlf~mr~ from item 17 DYes [] No rn C.O.D. RUDY SIMONDI, Administrator of the Estate of Michael P. Simondi, Plaintiff RANJIT S1NGH, SA1NI AVTAR, L. KEE : & COMPANY, INC., OLEXION RUBBISH: HAULING, INC., and REHMAT : TRUCKING, 1NC. : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-631 JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint was mailed to Defendant L. Kee & Company, Inc. at 33001 Dove Avenue, Union City, CA 94587, on February 8, 2002, by certified mail, return receipt requested. Attached is the Post Office return receipt signed and dated February 15, 2002. Ge/o~e B. F~ller, }r., ~CsC4 '~ Sworn to and subs,~ribed before me this ,._,~day of March, 2002 Public - · Complete items 1, 2, and 3~ Also complete item 4 if R~,-'-trlctad Delivery is desired. · Print your name and address on the reverse ~ao that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if spa~,,permits. 1. /~ficle Addressed to: ~i 2~ ~ Number (~py ~rom service label) PS Form 3811, July 1999 A. Received by (P~ase Pdnt Clearly) B. Date of EYES, ent~ ~ a~ ~: ~ No ~ Insu~ Mail D C.O.D. Domestic Return Receipt Postage $ Certified Fee Return Receipt Fee Restricted Deliver Total Postage & Fee F:~FILES\DATAFILE\Gendoc ¢~'\104352-aff 2 Created: 02/25/02 09:21:48AM Revised: 03/05/02 1~:58:30AM · 104352 RUDY SIMONDI, Administrator of the Estate of Michael P. Simondi, Plaintiff RANJIT SINGH, SA1NI AVTAR, L. KEE : & COMPANY, INC., OLEXION RUBBISH: HAULING, INC., and REHMAT TRUCKING, 1NC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-631 JURY TRIAL OF TWELVE DEMANDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint was mailed to Defendant Ranjit Singh at 99-07 Corona Avenue, Apt 3B, Corona, NY 11368, on February 8, 2002, by certified mail, return receipt requested. Attached is the Post Office return receipt signed and dated February 22, 2002. Sworn to and subscribed before me this5~ day of March, 2002 ~,. Notary Public Gedrge B. Faller, Jr., Esqui '~ NOTARIAL SEAL TRICIA D. ECKENROAD, Notary Public Carlisle Boro., Cumberland County MY (~mmissien I~xnirea ©et. 23 2094 ' · Ooraplete Itlms 1, 2~ and 3~.Nso~e ~m 4 if Rsstrtct~k Oeliv~. I ~ yO~ ~ ~d add~ ~ ~ that ~ ~ ~um t~ ~ t~ you. . ! ~ th~ ~ ~e ~ ~ ~e m~l~e, m on the ~s~ ~, 4. Restricted D~lNery? (Extra Fee) RUDY SIMONDI, Administrator of the Estate of Michael P. Simondi, Plaintiff V. ~ RANJIT SINGH, SAINI AVTAR, L. KEE : & COMPANY, INC., OLEXION RUBBISH: HAULING, INC., and REHMAT : TRUCKING, INC. : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-631 JURY TRIAL OF TWELVE DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant certifies that: (1) a notice of intent to serve the subpoenas with a copy of the subpoenas attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, a copy of the notice of intent, including the proposed subpoena, is attached to this (2) certificate, (3) (4) no objection to the subpoena has been received, and the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. MARTSON DEARDORFF WILLIAMS & OTTO Date: March 8, 2002 Georg~---t~. 'F aller,~J~., Esquire I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff RUDY SIMONDI, Administrator of the Estate of Michael P. Simondi, Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA RANJIT SINGH, SAINI AVTAR, L. KEE : & COMPANY, INC., OLEXION RUBBISH: HAULING, INC., and REHMAT : TRUCKING, INC. : Defendants : CIVIL ACTION - LAW NO. ~D~ - Co 7\ JURY TRIAL OF TWELVE DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendant intends to serve subpoenas identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: February 13, 2002 MARTSON DEARDORFF WILLIAMS & OTTO George B. Faller, Jr., Esqmre I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Mr. Rudy Simondi RUDY SIMGNDI, Administrator of the : Estate of Michael P. Simondi, : Plaintiff : : File No. 02-631 RANJIT SINGH, SAINI A~TAR, L. KEE & COMPANY, INC., OLEXION RUBBISH : HAULING, INC. and REHeaT TRUCKING,INC. FOR OlSOOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police, 1800 Elmerton Avenue Harrisburqt PA 17110 (N~ of Parson o~ Entity) within twenty (20) days afte~ se~vice of this aul~, you are pmxluce the following doc~en%s o~ things.' your entire inveat~qatlve f~]e, wltnes~ stat~n~nt8, photoq_raphs, u~c~m ~m.r~m. drawinqm, r~_norts as We]] ~m any infnmf~nn at ~taon~ ~a~do~[~ ~illim & ~to~ ~en ~st ~i~h 8t~eet~ 0~1i81e at 9:~ a.m. (~s) Ym my ~liv~ ~ mil l~ible :i~ of ~e ~s ~ ~e ~t~ r~es~ by this s~, ~ wi~ ~e ~tifi~te of ~li~e, ~ ~ ~ty ~i~ thia r~est at ~ a~e~s lts~ ~m. Vm have ~e ri~t mst of ~i~ ~ :im ~ ~i~ ~ ~tngs m~t. If y~ fail ~ m ~m rots ~ ~i~s r~ir~ by ~(s ~mm wi~in tmty (20) ~ys aft~ i~ s~i~, ~ p~by s~vt~ ~is ~1~ ~ M~ I~ AT ~ ~ST ~ E F~I~ PER~: ~:~e B. ~alle~ J~.~ ~qui~e ~E~:~en ~t ~9h Street ~ml~mle, PA 17013 ~t~: (7171 243-3341 ~ ~ IO ~ 49813 A~Y F~: Plaintiff, Rudy Simondi /~rot:h6not( C (Elf. 7/97) CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Notice of Intent to Serve A Subpoena was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Ranjit Singh 99-07 Corona Avenue, Apt 3B Corona, NY 11368 Mx. Saini Avtar 1407 79t~ Street North Bergen, NJ 07047 L. Kee & Company, Inc. 33001 Dove Avenue Union City, CA 94587 Olexion Rubbish Hauling, Inc. 37 Saint Michael Street Piscataway, NJ 08854 Rehmat Trucking, Inc. 2 Joyce Court Manalapan, NJ 07726 MARTSON DEARDORFF WILLIAMS & OTTO Melind~. Hall Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 13, 2002 CERTIFICATE OF SERVICE I, Melinda A. Hall, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Certificate Prerequisite To Service of a Subpoena was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Ranjit Singh 99-07 Corona Avenue, Apt 3B Corona, NY 11368 Mr. Saini Avtar 1407 79th Street North Bergen, NJ 07047 L. Kee & Company, Inc. 33001 Dove Avenue Union City, CA 94587 Olexion Rubbish Hauling, Inc. 37 Saint Michael Street Piscataway, NJ 08854 Rehmat Tracking, Inc. 2 Joyce Court Manalapan, NJ 07726 MARTSON DEARDORFF WILLIAMS & OTTO BYMel~in A~ ~all~~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: March 8, 2002 Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108-0999 (717) 237-7100 E-Mail: seg@tthlaw.com Attorneys for Defendant: L. Kee & Company, Inc, RUDY SIMONID, Administrator of the Estate of Michael P. Simondi, Plaintiff Vo RANJIT SINGH; SAINI AVTAR; L. KEE & COMPANY, INC.; OLEXION RUBBISH HAULING, INC., and REHMAT TRUCKING, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW No. 02-631 JURY TRIAL OF TWELVE DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Thomas, Thomas & Hafer, LLP, as attorneys for Defendant, L. Kee & Company, Inc., in the above-captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP :161511,1 By= STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 Attorneys for Defendant, L.KEE & COMPANY, Inc. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the ~ay of March, 2002, on all counsel of record as follows: George B. Faller, Jr., Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 East High Street Carlisle, Pennsylvania 17013-3093 Attorneys for Plaintiff :161512.1 THOMAS, THOMAS & HAFER, LLP ~'~uire CreWed: 09/05/02 1I:35:44AM RUDY SIMONDI, Administrator of the Estate of Michael P. Simondi, Plaintiff V. RANJIT SINGH, SAINI AVTAR, L. KEE & COMPANY, INC., OLEXION RUBBISH: HAULING, INC., and REHMAT : TRUCKING, INC., : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-631 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED  ORDER I AND NOW, this I day of September 2002, upon consideration of Plaintiff's Petition for Approval of Minor's Compromise Settlement and the concurrences attached thereto, it is hereby ordered and decreed that the Plaintiffis authorized to enter into a settlement in the amount of $1,210,000.00 (this amount includes the cost of the annuities). It is further ordered that of the total proceeds, 85% or $1,028,500.00 is attributable to the Wrongful Death Action and 15% or $181,500.00 is attributable to the Survival Action. The settlement proceeds shall be distributed as follows: Attorneys' Fees: Martson Deardorff Williams & Otto DeMeo & DeMeo $226,875.00 $ 75,625.0O $302,500.00 Attorneys' Costs: The balance of the settlement is apportioned as follows: 1. $ 5,775.40 To purchase annuities for the benefit of the surviving spouse, Deborah Simondi as follows: Plan #33 (GE Capital) Monthly Benefits Increasing for Life: $837/month, increasing 3.00% compounding on an annual basis for Life with 20 years guaranteed. First payment is 01/02/2003 (age 47). Last guaranteed payment is 12/02/2022 (age 67). This is 240 guaranteed monthly payments, and then payments continue monthly, FOR LIFE THEREAFTER. Present Value: $212,500.00 Bo Plan #33 (First Colony) Monthly Benefits Increasing for Life: $856/ month, increasing 3.00% compounding on an annual basis for Life with 20 years guaranteed. First payment is 01/02/2003 (age 47). Last guaranteed payment is 12/02/2022 (age 67). This is 240 guaranteed monthly payments, and then payments continue monthly, FOR LIFE THEREAFTER. Present Value: $212,500.00 Total Cash Value: $425,000.00 To purchase annuities for the benefit of the surviving daughter, not the issue of the surviving spouse, Melissa Simondi (Date of Birth: May 27, 1991) as set forth in the Petition and as more specifically set forth as follows: Plan #EE (First Colony) Semiannual Benefits: $5,000 semiannually. First payment is 05/27/2009 (age 18). Last payment is 11/27/2015. This is 14 guaranteed semiannual payments, and then payments stop. Monthly Benefits for Life: $1,743/month, payable for life guaranteed for 30 years. First payment is 05/27/2016 (age 25). Last guaranteed payment is 04/27/2046 (age 55). This is 360 guaranteed monthly payments, and then payments continue monthly, FOR LIFE THEREAFTER. Present Value: $212,500.00 Bo Plan gEE (Transamerica) Semiannual Benefits: $5,000 semiannually. First payment is 05/27/2009 (age 18). Last payment is 11/27/2015. This is 14 guaranteed semiannual payments, and then payments stop. Monthly Benefits for Life: $1,780/month, payable for life guaranteed for 30 years. First payment is 05/27/2016 (age 25). Last guaranteed payment is 04/27/2046 (age 55). This is 360 guaranteed monthly payments, and then payments continue monthly, FOR LIFE THEREAFTER. Present Value: $212,500.00 Total Cash Value: $425,000.00 3. The Estate of Michael Simondi $ 51,724.60 4. The administrator of the Estate shall comply with 20 Pa.C.S. § 3323(b)(3). The administrator of the Estate is also hereby authorized to execute any general releases necessary for the payment of the settlement funds. BY THE COURT: RUDY SIMONDI, Administrator of the Estate of Michael P. Simondi, Plaintiff : V. : : RANJIT SINGH, SAINI AVTAR, L. KEE : & COMPANY, 1NC., OLEXION RUBBISH: HAULING, INC., and REHMAT : TRUCKING, INC., : Defendants : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-631 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED ~, ~MENDED~IIRDER,., Now, this_/ day of/ t It ' 2002, upon consideration of Plaintiff's Amended Petition for Approval of Wrongful Death & Survival Action, it is hereby ordered and decreed that the Plaintiff is authorized to enter into a settlement in the amount of $1,210,000.00 (this amount includes the cost of the annuities). It is further ordered that of the total proceeds, 85% or $1,028,500.00 is attributable to the Wrongful Death Action and 15% or $181,500.00 is attributable to the Survival Action. The settlement proceeds shall be distributed as follows: Attorneys' Fees: Martson Deardorff Williams & Otto DeMeo & DeMeo Attomeys' Costs: The balance of the settlement is apportioned as follows: $226,875.00 $ 75,625.00 $302,500.00 $ 5,775.40 To purchase annuities for the benefit of the surviving spouse, Deborah Simondi as follows: Plan #33 (GE Capital) Monthly Benefits Increasing for Life:: $837/month, increasing 3.00% compounding on an armual basis for Life with 20 years guaranteed. First payment is 01/02/2003 (age 47). Last guaranteed payment is 12/02/2022 (age 67). This is 240 guaranteed monthly payments, and then payments continue monthly, FOR LIFE THEREAFTER. Present Value: $212,500.00 Plan #33 (First Colony) Monthly Benefits Increasing for Life: $856/ month, increasing 3.00% compounding on an annual basis for Life with 20 years guaranteed. First payment is 01/02/2003 (age 47). Last guaranteed payment is 12/02/2022 (age 67). This is 240 guaranteed monthly payments, and then payments continue monthly, FOR LIFE THEREAFTER. Present Value: $212,500.00 Total Cash Value: $425,000.00 To purchase annuities for the benefit of the surviving daughter, not the issue of the surviving spouse, Melissa Simondi (Date of Birth: May 27, 1991) as set forth in the Petition and as more specifically set forth as follows: Plan #EE (First Colony) Semiannual Benefits: $5,000 semiannual][y. First payment is 05/27/2009 (age 18). Last payment is 11/27/2015. This is 14 guaranteed semiannual payments, and then payments stop. Monthly Benefits for Life: $1,743/month, payable for life guaranteed for 30 years. First payment is 05/27/2016 (age 25). Last guaranteed payment is 04/27/2(146 (age 55). This is 360 guaranteed monthly payments, mad then payments continue monthly, FOR LIFE THEREAFI'ER. Present Value: $212,500.00 Plan #EE (Transamerica) Semiannual Benefits: $5,000 semiannually. First payment is 05/27/2009 (age 18). Last payment is 11/27/2015. This is 14 guaranteed semiannual payments, and then payments stop. Monthly Benefits for Life: $1,780/month, payable for life guaranteed for 30 years. First payment is 05/27/2016 (age 25). Last guaranteed payment is 04/27/2046 (age 55). This is 360 guaranteed monthly payments, and then payments continue monthly, FOR LIFE THEREAFTER. Present Value: $212,500.00 Total Cash Value: $425,000.00 As part of the settlement and purchase of annuities for Melissa Simondi (Date of Birth: May 27, 1991) as stated in Paragraph 2 of this Order, the following guaranteed lump sum payments shall be made to the said Melissa Simondi: (a) (b) Twelve Thousand Five Hundred Dollars ($12,500.00) on or about 05/27/2016; Twenty Five Thousand Dollars ($25,000.00) on or about 05/27/2021; (c) Fifty Thousand Dollars ($50,000.00) on or about 05/27/2026; and (d) Sixty-Two Thousand Five Hundred Dollars ($62,500.00) on or about 05/27/2031. The Estate of Michael Simondi $ 51,724.60 The administrator of the Estate shall comply with 20 Pa.C.S. § 3323(b)(3). The administrator of the Estate is also hereby authorized to execute any general releases necessary for the payment of the settlement funds. This is an Amended Order to that Order dated September 16, 2002, in the above-captioned matter in order to clarify and include the guaranteed lump sum payments payable to Melissa Simondi in Paragraph 3 of this Order as provided in the purchase of annuities for the benefit of Melissa Simondi and Debbie Simondi. BY THE COJJRT: ~, J'