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Home My WebLink About02-0701ROBERT M. MUMMA, II, HANOVER ACQUISITION McDERMITT, INC. GEMINI EQUIPMENT CO. KIMBOB, INC. ADAMS COUNTY ASPHALT 130 COMPANY HIGH SPEC CORP. Plaintiffs, V. BUCHANAN INGERSOLL, P.C., Defendant. BUCHANAN INGERSOLL, P.C., Counterclaim Plaintiff, ROBERT M. MUMMA, II; HANOVER ACQUISITION; McDERMITT, INC.; GEMINI EQUIPMENT CO.; KIMBOB, INC.; ADAMS COUNTY ASPHALT; 130 COMPANY; HIGH SPEC CORP. Counterclaim Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. PRAECIPE TO TRANSFER JUDGMENT TO THE PROTHONOTARY: Pursuant to Pennsylvania Rule of Civil Procedure 3002, kindly enter judgment against the Counterclaim Defendants and in favor of the Counterclaim Plaintiff, in the amounts set forth below and in accordance with the attached certified copy of all docket entries and the certification of amount of judgment of Docket No. 4713, in the Court of Common Pleas, Philadelphia County, Pennsylvania, and index said judgment against the Counterclaim Defendants. BUCHANAN INGERSOLL PROFESSIONAL CORPORATION ~tthew C. Browndorf, Esquire ID No. 81915 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Dated: February 8, 2002 (1) Judgment is entered in favor of Counterclaim-Plaintiff Buchanan Ingersoll, P.C. and aeainst Counterclaim-Defendant Robert M. Mnmma~ II in the sum of $809~254.87. (2) Judgment is entered in favor of Counterclaim-Plaintiff Buchanan Ingersoll, P.C. and a~ainst Counterclaim-Defendant Adam.~ CounW Asphalt in the total sum of $21~634.32. (3) Judgment is entered in favor of Counterclaim-Plaintiff Buchanan Ingersoll, P.C. and aeainst Counterclaim-Defendant 130 Compan~ in the total sum of $8~720.90. (4) Judgment is entered in favor of Connterclaim-PlaintiffBuchanan Ingersoll, P.C. and aeainst Counterclaim-Defendant Kimhob~ Inc. in the total sum of $58~591.75 (5) Judgment is entered in favor of Counterclaim-Plaintiff Buchanan Ingersoll, P.C. and a~ainst Counterclaim-Defendant MeDermitt Corporation in the total sum of $65~403.15. (6) Judgment is entered in favor of Counterclaim-Plaintiff Buchanan Ingersoll, P.C. and against Counterclaim-Defendant Gemini Equipment Co. in the total sum of $158~722.06. (7) Judgment is entered in favor of Counterclaim-Plaintiff Buchanan Ingersoll, P.C. and a~ainst Counterclaim-Defendant High Spec Corporation in the total sum of $11~203.87. (8) Judgment is entered in favor of Counterclaim-PlaintiffBuchanan Ingersoll, P.C. and aeainst Counterclaim-Defendant Hanover qnmt,~ in the total sum of $53~428.29 REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 1 RUN DATE 02/01/02 RUN TIME 09:21 AM CASE NUMBER CASE CAPTION 970604213 MUMMA, ETAL VS BUCHANAN INGERSOLL, PC FILING DATE COURT LOCATION JURY 03-JUL~1997 JC CH J CASE TYPE: MALPRACTICE - LEGAL STATUS: DEFERRED - ON APPEAL Seq # Assoc Expn Date Type ID 1 06-NOV-98 APLF A76937 2 16 PLF @3673898 3 16 PLF @3673920 4 16 PLF @3673930 5 16 PLF @3673932 6 16 PLF @3673933 7 16 PLF @3673934 8 16 PLF @3673939 9 11 DFT @3673942 Party Name / Address & Phone No. DAY, CHRISTOPHER J 1601 MARKET ST 6TH FL PHILADELPHIA PA 19103 (215)563-0500 MUMMA II, ROBERT M 614 N FRONT ST HARRISBURG PA 17101 HANOVER ACQUISITION 614 N FRONT ST HARRISBURG PA 17101 MCDERMITT INC 614 N FRONT ST HARRISBURG PA 17101 GEMINI EQUIPMENT CO 614 N FRONT ST HARRISBURG PA 17101 KIM BOB INC 614 N FRONT ST HARRISBURG PA 17101 ADAMS COUNTY ASPHALT 614 N FRONT ST HARRISBURG PA 17101 HIGH SPEC 614 N FRONT ST HARRISBURG PA 17101 BUCHANAN INGEROLL PC TWO LOGAN SQ 12TH FL 18TH & ARCH ST PHILADELPHIA PA 19103 REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 2 RUN DATE 02/01/02 RUN TIME 09:21 AM Seq # Assoc Expn Date Type I__D 10 01-JAN-99 TL J287 11 9 ADFT A13396 12 11 ADFT A72138 13 ADDF @3673898 14 12-JUN-00 APLF A12909 15 04-MAR-01 TL J391 16 APLF A17092 17 TL J286 18 DFT ~@4430629 Party Name / Address & Phone No. O'KEEFE, JOSEPH D 519 CITY HALL PHILADELPHIA PA 19107 (215)686-7902 ROSEN, PAUL R SEVEN PENN CENTER 1635 MARKET STREET, 7TH FLOOR PHILADELPHIA PA 19103 (215)241-8800 WOOD, LARRY R. 1635 MARKET STREET 7TH FLOOR PHILADELPHIA PA 19103 (214)241-8911 MUMMA II, ROBERT M 614 N FRONT ST HARRISBURG PA 17101 LEFCO, ARTHUR W COZEN AND O'CONNOR THE ATRIUM 1900 MARKET ST PHILADELPHIA PA 19103 (215)665-2000 (215)665-2013 - FAX ALLEN, JACQUELINE F 1222 CRIMINAL JUSTICE CENTER 1301 FILBERT STREET PHILADELPHIA PA 19107 (215)683-7083 LOCK, JOSHUA D GOLDBERG, KATZMAN & SHIPMAN STRAWBERRY SQUARE 320 MARKET STREET, PO BOX 1268 HARRISBURG PA 17108 MOSS, SANDRA M 392 CITY HALL PHILADELPHIA PA 19107 (215)686-7910 130 COMPANY 614 NORTH FRONT STREET HARRISBURG PA 17101 Filing Date / Time Docket Entry REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 3 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date / Time 03-JUL-97 16:00:00 03-JUL-97 16:00:00 03-JUL-97 16:00:00 03-JUL-97 16:00:00 03-JUL-97 16:00:00 09-JUL-97 10:10:00 16-SEP-97 16:29:12 17-SEP-97 17:00:54 07-0CT-97 09:20:00 14-0CT-97 15:58:00 14-OCT-97 15:58:26 15-OCT-97 16:28:14 30-0CT-97 09:15:06 30-0CT-97 09:15:57 30-0CT-97 09:15:58 Docket Entry COMMENCEMENT CIVIL ACTION JURY SHERIFF'S SURCHARGE 1 DEFT WAITING TO LIST CASE MGMT CONF JURY TRIAL PERFECTED PRAE TO ISSUE WRIT OF SUMMONS PRAECIPE TO ISSUE WRIT OF SUMMONS FILED. SUMMONS ISSUED. AFFIDAVIT OF SERVICE FILED SERVED DEFT BUCHANAN INGERSOLL P.C. 7-9-97 FILED. LISTED FOR CASE MGMT CONF NOTICE GIVEN ENTRY OF APPEARANCE FILED ENTRY OF APPEARANCE OF PAUL R. ROSEN AND LARRY R. FILED ON BEHALF OF DFT BUCHANAN INGERSOLL P.C. CASE RESCHEDULED BY COURT LISTED FOR CASE MGMT CONF NOTICE GIVEN WAITING TO LIST RULE DATE LISTED RULE RETURNABLE DATE DARBY, LA TONYA DAY, CHRISTOPHER J DAY, CHRISTOPHER J DAY, CHRISTOPHER J DAY, CHRISTOPHER J DAY, CHRISTOPHER J WRIT OF DAY, CHRISTOPHER J WITH SUMMONS ON ROSEN, PAUL R WOOD NOTICE GIVEN IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION MUMMA, ETAL VS BUCHANAN INGERSOLL,PC 970604213 RULE TO SHOW CAUSE AND NOW, 30-0CT-1997, a Rule is issued upon plaintiff to show cause why the above captioned matter should not be dismissed for failure to prosecute. Rule Returnable 02-DEC-1997, at &SAMPMTIME, in CITY HALL REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 4 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date / Time Docket Entry COURTROOM 253, Philadelphia, PA 19107. Ail Counsel shall appear unless the case is settled or withdraw~n, in which case counsel must notify the court immediately in writing. BY THE COURT: 30-0CT-97 09:21:10 30-0CT-97 09:21:27 30-0CT-97 09:24:52 18-NOV-97 16:43:19 18-NOV-97 16:43:48 03-FEB-98 15:22:00 05-FEB-98 12:10:13 06-FEB-98 15:23:38 06-MAR-98 09:47:32 JOSEPH O'KEEFE, J. TEAM LEADER LISTED FOR CASE MGMT CONF WAITING TO LIST RULE DATE DARBY, LA TONYA CORRECTIVE ENTRY THIS CASE WAS INCORRECTLY DOCKETED AS THE DOCKET READS A RULE TO SHOW CAUSE HEARING IS SCHEDULED FOR PLAINTIFF'S FAILURE TO PROSECUTE. THE DOCKET SHOULD READ THAT THE PLAINTIFF IS ORDERED TO FILE A COMPLAINT WITHIN 20 DAYS AND MUST APPEAR FOR A RULE TO SHOW CAUSE HEARING ON DECEMBER 2, 1997 IN ROOM 253 CITY HALL. CASE RESCHEDULED BY COURT LISTED RULE RETURNABLE DATE COMPLAINT FILED NOTICE GIVEN O'KEEFE, JOSEPH D DAY, CHRISTOPHER J COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. JUDGMENT OF NON PROS ENTERED O'KEEFE, JOSEPH D UPON CONSIDERATION OF P[LTF.'S FAILURE TO RESPOND TO THIS COURT'S RULE TO SHOW CAUSE AND FAILURE TO PROSECUTE THIS CASE, AND ALL MATTERS OF RECORD, IT IS ORDERED THAT THIS CASE BE NON-PROSSSED AND THUS TERMINATED. IN ORDER TO MOVE TO VACATE THIS ORDER OF NON-PROS, A RULE AND PETITION MUST BE FILED WITH MOTIONS COURT WITHIN THIRTY (30) DAYS OF THIS ORDER...O'KEEFE J. 04-FEB-98 PETITION FOR RECONSIDERATION MUMMA II, ROBERT M 06-98020506 ASSIGNED TO J. O'KEEFE ON 2-9-98 MOTION TO VACATE FILED 05-98030605 RESPONSE DATE 4-6-98 MUMMA II, ROBERT M REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 5 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date / Time 10-MAR-98 09:47:35 25-MAR-98 12:01:36 31-MAR-98 16:08:55 31-MAR-98 16:11:16 01-APR-98 16:41:26 14-APR-98 12:40:08 21-APR-98 09:45:27 21-APR-98 09:45:27 Docket Entry ANSWER (MOTION/PETITION) FILED BUCHANAN INGEROLL PC, 06-98020506 ANS FILED TO MOTION FOR RECONSIDER~%TION ANSWER (MOTION/PETITION) FILED MUMMA II, ROBERT M 06-98020506 ANS FILED TO MOTION FOR RECONSIDERATION ORDER ENTERED/236 NOTICE GIVEN O'KEEFE, JOSEPH D 06-98020506 - IT IS HEREBY ORDERED AND DECREED THAT PLTFS.' MOTION FOR RECONSIDERATION OF ENTRY OF NON PROS IS GR3LNTED AND THE COURT'S ORDER OF FEBRUkRY 3, 1998 ENTERING JUDGMENT OF NON PROS IS VACATED ..... O'KEEFE J. 30-MAR-1998 LISTED FOR CASE MGMT CONF NOTICE GIVEN MOTION/PETITION WITHDRAWN MOOT 05-98030605 PET TO VACATE NON PROS WITHDRAWN AS MOOT, SEE JUDGE O'KEEFE'S ORDER OF 3/30/98 CASE MGMT CONFERENCE COMPLETED DARBY, LA TONYA CASE MANAGEMENT ORDER ISSUED IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION MUMMA, ETAL VS BUCHANAN INGERSOLL,PC 970604213 CASE MANAGEMENT ORDER COMPLEX TRACK AND NOW, 21-APR-1998, it is Ordered that: 1. The case management and time standards adopted for complex track cases shall be applicable to this case and are hereby incorporated into this Order. 2. All discovery on the above matter shall be completed not later than 01-JAN-99. 3. Plaintiff shall identify and submit curriculum vite and expert reports of all expert witnesses intended to testify at trial to all other parties not later than 01-FEB-99. 4. Defendant and any additional defendants shall identify and submit curriculum vitae and expert reports of all expert witnesses intended to testify at trial not later than 01-MAR-99. 5. All pre-trial motions shall be filed not later than 01-MAR-99. 6. A settlement conference may be scheduled at any time after 05-APR-99. Prior to the settlement conference all counsel shall serve all opposing counsel and file a REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 6 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date / Time 21-APR-98 09:45:27 il-MAY-98 11:35:08 Docket Entry settlement memorandum containing the following: (a) A concise summary of the nature of the case if plaintiff or of the defense if defendant or additional defendant; (b) A statement by the plaintiff or all damages accumulated, including an itemizaton of injuries and all special damages claimed by categories and amount; (c) Defendant shall identify all applicable insurance carriers, together with applicable limits of liability; 7. A pre-trial conference will be scheduled any time after 03-MAY-99. Fifteen days prior to pre-trial conference, all counsel shall serve all opposing counsel and file a pre-trial memorandum containing the following: (a) A concise summary of the nature of the case if plaintiff or the defense if defendant or additional defendant; (b) A list of all witnesses who may be called to testify at trial by name and address. Counsel should expect witnesses not listed to be precluded from testifying at trial; (c) A list of all exhibits the party intends to offer into evidence. All exhibits shall be pre-numbered and shall be exchanged among counsel prior to the conference. Counsel should expect any exhibit not listed to be precluded at trial; (d) Plaintiff shall list an itemization of injuries or damages sustained together with all special damages claimed by category and amount. This list shall include as appropriate, computations of all past lost earnings and future lost earning capacity or medical expenses together with any other unliquidated damages claimed; and (e) Defendant shall state in position regarding damages and shall identify all applicable insurance carriers, together with applicable limits of liability; (f) Each counsel shall provide an estimate of the anticipated length of trial. 8. It is expected that the case will be ready for trial 05-JUL-99, and counsel should anticipate trial to begin expeditiously thereafter. 9. Ail counsel are under a continuing obligation and are hereby ordered to serve a copy of this order upon all unrepresented parties and upon all counsel entering an appearance subsequent to the entry of this order. BY THE COURT: JOSEPH O'KEEFE, J. TEAM LEADER LISTED FOR SETTLEMENT CONF ORDER ENTERED/236 NOTICE GIVEN IT IS ORDERED THAT PLAINTIFFS' O'KEEFE, JOSEPH D PETITION FOR A REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 7 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date Time Il-MAY-98 13 02:23 21-JUL-98 15 24:17 20-AUG-98 10 15:04 26-AUG-98 11:27:53 02-SEP-98 12:49:28 02-SEP-98 13:58:45 02-SEP-98 16:23:00 28-SEP-98 11:36:32 05-OCT-98 11:20:00 09-0CT-98 10:01:13 Docket Entry PROTECTIVE ORDER IS DENIED. SEE ORDER FOR TERMS ....... JUDGE O'KEEFE, 9/24/98. CORRECTIVE ENTRY CORRECTIVE ENTRY ....... THE ORDER OF JUDGE O'KEEFE WAS SIGNED ON SEPT. 24, 1997 AND NOT SEPT. 24, 1998 ......... DOCKET STAi~D CORRECTED. MOTION TO CONSOLIDATE 55-98071255 RESPONSE DATE 8-20-98 ANSWER (MOTION/PETITION) FILED 55-98071255 ANS FILED TO CONSOLIDATE MUMMA II, ROBERT M BUCHANAN INGEROLL PC, MOTION ASSIGNED 55-98071255 MOT TO CONSOLIDATE ASSIGNED TO O'KEEFE,J 8/27/98 ORDER ENTERED/236 NOTICE GIVEN O'KEEFE, JOSEPH D 55-98071255 ORDERED THAT ROBERT M. MUMMA II'S MOTION TO CONSOLIDATE IS DENIED AS MOOT PER PRAECIPE TO WITHDRAW PETITION... BY THE COURT: O'KEEFE,J. 08-31-98 ORDER ENTERED/236 NOTICE GIVEN O'KEEFE, JOSEPH D IT IS ORDERED THAT DEFT'S MOTION FOR SANCTIONS IS DENIED ......... JUDGE O'KEEFE, 9/2/98. ANSWER TO COMPLAINT FILED ROSEN, PAUL R DEFENDANT, BUCHANAN INGERSOLL, P.C.'S ANSWER, NEW MATTER AND COUNTERCLAIMS TO COMPLAINT. ORDER ENTERED/236 NOTICE GIVEN ORDERED THAT PLAINTIFFS MOTION TO COMPEL RESPONSE TO FIRST REQUEST FOR PRODUCTION OF DOCUMENTS IS GRANTED. SEE ORDER FOR ADDITIONAL DETAILS. 09 23 98 OKEEFE J. REPLY FILED DAY, CHRISTOPHER J PLFTS' REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM FILED. MOTION TO JOIN ADDTIONAL DFT 04-98100604 RESPONSE DATE 11-9-98 BUCHANAN INGEROLL PC, REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 8 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date / Time 15-OCT-98 14:58:00 06-NOV-98 11:39:00 10-NOV-98 12:28:18 13-NOV-98 15:32:50 24-NOV-98 14:21:38 30-NOV-98 11:24:37 18-DEC-98 16:37:50 22-DEC-98 11:02:27 29-DEC-98 11:09:00 29-DEC-98 15:35:34 29-DEC-98 16:38:43 Docket Entry REPLY FILED ROSEN, PAUL R REPLY TO PLAINTIFF'S NEW MATTER TO DEFENDANT BUCHANAN INGERSOLL P.C.'S COUNTERCLAIM, FILED BY DEFENDANT BUCHANAN INGERSOLL P.C. WITHDRAWAL/ENTRY OF APPEARANCE LEFCO, ARTHUR W WITHDRAWAL OF APPEARANCE OF PARTICK DAY ESQ. AND ENTRY OF APPEARANCE OF ARTHUR W. LEFCO, ESQ. ON BEHALF OF PLASINTIFFS FILED. ANSWER (MOTION/PETITION) FILED MUMMA II, ROBERT M 04-98100604 ANS FILED MOTION TO JOIN ADDITIONAL DEFENDANTS MOTION ASSIGNED 04-98100604 MOTION TO JOIN ADDITIONAL DEFT ASSIGNED TO JUDGE O'KEEFE ON 11-16-98 BRIEF FILED 04-98100604 REPLY BRIEF IN SUPP. ADDITIONAL DFT'S BUCHANAN INGEROLL PC, OF MOTION TO JOIN ORDER ENTERED/236 NOTICE GIVEN GOODHEART, BERNARD J 04-98100604-IT IS ORDERED AND DECREED THAT DEFENDANT'S MOTION FOR LEAVE TO JOIN ADDITIONAL DEFENDANTS IS DENIED. BY THE COURT: J. GOODHEART, 11-24-98. PET FOR EXTRAORDINARY RELIEF 89-98121089 RESPONSE DATE 12-28-98 MUMMA II, ROBERT M ORDER ENTERED/236 NOTICE GIVEN ORDERED THAT DEFENDANTS MOTION FOR RECONSIDERATION IS GRANTED. SEE ORDER FOR ADDITIONAL DETAILS. OKEEFE J. 12 16 98 REPLY FILED ROSEN, PAUL R DEFT'S RESPONSE TO PLFTS' STATEMENT OF FACTS FILED. MOTION ASSIGNED 89-98121089 PETITION FOR X-RELIEF ASSIGNED TO JUDGE O'KEEFE ON 12-30-98 ANSWER (MOTION/PETITION) FILED 89-98121089 ANS. FILED TO X-RELIEF BUCHANAN INGEROLL PC, REPORT : ZDRDOCT USER ID: COS Filing Date / Time 31-DEC-98 10:20:22 07-JAN-99 10:27:16 07-JAN-99 10:27:50 t3-JAN-99 08:20:46 19-JAN-99 10:27:28 20-JA_N-99 14:37:25 21-JAN-99 09:44:59 21-JAN-99 12:06:34 02-FEB-99 16:15:54 05-FEB-99 11:50:48 12-FEB-99 12:12:01 First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 9 RUN DATE 02/01/02 RUN TIME 09:21 AM Docket Entry ANSWER (MOTION/PETITION) FILED 89-98121089 ANS. FILED TO X-RELIEF PET FOR EXTRAORDINARY RELIEF 19-99010419 RESPONSE DATE 1-19-99 MOTION TO WITHDRAW APPEARANCE 18-99010418 WITHDRAW APPEARANCE BUCHANAN INGEROLL PC, MUMMA II, ROBERT M LEFCO, ARTHUR W MOTION ASSIGNED 18-99010418 WITHDRAW APPEARANCE ASSIGNED TO JUDGE ALLEN ON 1-13-99 ANSWER (MOTION/PETITION) FILED BUCHANAN INGEROLL PC, 19-99010419 ANS. FILED TO X-RELIEF MOTION ASSIGNED 19-99010419 PETITION FOR EXTRAORDINARY RELIEF ASSIGNED TO JUDGE ALLEN ON 1-21-99 PETITION FOR RECONSIDERATION BUCHANAN INGEROLL PC, 60-99011360 ASSIGNED TO JUDGE O'KEEFE ON 1-25-99 ANSWER (MOTION/PETITION) FILED BUCHANAN INGEROLL PC, 19-99010419 SECOND ANS FILED TO PETITION FOR X-RELIEF SELECTED FOR STATUS NOTICE ORDER ENTERED/236 NOTICE GIVEN O'KEEFE, JOSEPH D 60-9911360 IT IS ORDERED THAT DEFT'S MOTION FOR PARTIAL RECONSIDERATION IS GRANTED. IT IS FURTHER ORDERED THAT THIS COURT ORDER OF 9-23-98 IS MODIFIED IN PART TO PROTECT DEFT'S CLAIM OF WORK PRODUCT AND ATTY CLIENT PROTECTION FOR CERTAIN DOCUMENTS [WHICH ARE DESCRIBED IN THIS ORDER]WHICH HAVE BEEN RESUBMITTED TO THE COURT IN CAMERA, [SEE ORDER] ...By THE COURT, JUDGE O'KEEFE, 2-1-99 PET FOR EXTRAORDINARY RELIEF 60-99021160 RESPONSE DATE 2-22-99 MUMMA II, ROBERT M REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 10 RUN DATE 02/01/02 RUN TIME 09:21 AM Filinq Date / Tim~ 17-FEB-99 11:19:58 17-FEB-99 16:14:28 18-FEB-99 11:11:59 18-FEB-99 11:14:08 22-FEB-99 11:04:07 22-FEB-99 15:36:56 23-FEB-99 10:32:50 23-FEB-99 13:41:24 24-FEB-99 10:59:07 Docket Entry ORDER ENTERED/236 NOTICE GIVEN ORDER PLF'S MOTION TO COMPEL IS GRANTED ........ ALLEN,J., 2-17-98 (SEE ORDER FOR TERMS) ORDER ENTERED/236 NOTICE GIVEN ORDER DFTS.' MOTION TO COMPEL IS GRANTED .......... ALLEN,J., SEE ORDER FOR TERMS. 2-17-99. ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F 19-99010419 ORDERED THAT THE PETITION FOR EXTRAORDINARY RELIEF IS DENIED .... BY THE COURT: ALLEN,J. 1-22-99: ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F 89~98121089 ORDERED THAT THE PETITION FOR EXTRAORDINARY RELIEF IS DENIED .... BY THE COURT: ALLEN,J. 1-22-99 ANSWER (MOTION/PETITION) FILED BUCHANAN INGEROLL PC, 60-99021160 ANSWER TO PET FOR EXTRAORDINARY RELIEF FILED ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F 18~99010418 - UPON CONSIDERATION OF PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFFS BY PETITIONERS, ARTHUR W. LEFCO, ESQ. AND COZEN AND O'CONNOR, IT IS HEREBY ORDERED AND DECREED THAT THE PETITION IS GRANTED ONLY UPON SIMULTANEOUS ENTRY OF APPEARANCE BY SUBSTITUTE COUNSEL .... ALLEN J. 22-JAN-99 ORDER ENTERED/236 NOTICE GIVEN O'KEEFE, JOSEPH D IT IS ORDERED THAT THE COURT'S ORDER OF 2/1/99 IS VACATED. THIS COURT DENIES THE PETITION FOR PARTIAL RECONSIDERATION FILED BY DEFTS AND AFFIRMS ITS ORIGINAL ORDER OF 9/23/98 .... O'KEEFE,J 2/18/99 STENOGRAPHER,S NOTES FILED ORDER ENTERED/236 NOTICE GIVEN ORDERED THAT DEFENDANTS MOTION TO COMPEL DISCOVERY IS GRANTED. SEE ORDER FOR ADDITIONAL DETAILS. MOSS J. 24 99 02 REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 11 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date / Time 24-FEB-99 11:05:11 24-FEB-99 11:05:11 24-FEB-99 13:21:54 25-FEB-99 16:17:55 01-MAR-99 10:33:52 09-MAR-99 15:16:00 16-MAR-99 14:48:45 18-MAR-99 09:31:40 19-MAR-99 10:39:29 22-MAR-99 14:59:54 25-MAR-99 09:59:51 Docket Entry LISTED FOR SETTLEMENT CONF CONFERENCE DATE SET MOTION ASSIGNED 60-99021160 PETITION FOR X-RELIEF ASSIGNED TO JUDGE ALLEN ON 2-25-99 NOTICE GIVEN MOTION/SUMMARY JDGMT FILED BUCHANAN INGEEOLL PC, 49-99030149 RESPONSE DATE 3/31/99 APPEAL TO SUPERIOR COURT SCHILLER, SUZANNE ILENE * NOTICE IS HEREBY GIVEN THAT DEFENDANT/COUNTERCLAIMANT, BUCHANAN INGERSOLL, P.C., APPEALS FROM THE ORDER DATED 2/18/99 AND DOCKETED 2/23/99...JUDGE J.D.O'KEEFE. PROOF OF SERVICE FILED.J.M. DEFERRED - ON APPEAL ALLEN, JACQUELINE F ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F 60-99021160 ORDERED THAT THE PLTFS PETITION FOR EXTRAORDNARY RELIEF IS DENIED .... BY THE COURT: ALLEN,J. 3-16-99 ORDER ENTERED/236 NOTICE GIVEN O'KEEFE, JOSEPH D IT IS ORDERED THAT THE COURT'S ORDER OF 2/18/99 IS VACATED. THIS COURT REINSTATES ITS ORDER OF 12/16/98 WHICH ONLY SUSTAINED DEFT'S CLAIM OF WORK-PRODUCT AND ATTORNEY-CLIENT PROTECTION WITH REGARD TO DOCUMENT NUMBER BI03197-3200 .... O'KEEFE,J 3/16/99 MEMORANDUM FILED BUCHANAN INGEROLL PC, 49-99030149 MEMO FILED IN SUPPORT OF SJ ORDER ENTERED/236 NOTICE GIVEN ORDERED THAT DEFENDANTS MOTION TO COMPEL DISCOVERY IS DENIED. MOSS J. 03 24 99 REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 12 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date / Time 31-MAR-99 16:37:39 06-APR-99 14:37:47 08-APR-99 10:38:37 12~APR-99 14:25:25 13-APR-99 10:55:21 13-APR-99 15:39:48 16-APR-99 13:47:33 19-APR-99 08:37:51 19-APR-99 11:05:06 20-APR-99 16:50:41 05-MAY-99 11:23:11 05-MAY-99 16:28:45 10-MAY-99 14:14:26 il-MAY-99 12:10:21 Docket Entry ANSWER (MOTION/PETITION) FILED 49-99030149 ANS FILED TO SJ MOTION ASSIGNED 49-99030149 MOTION FOR SUMMARY JUDGMENT ASSIGNED TO JUDGE ALLEN ON 4-7-99 MOTION FOR JUDGMENT 39-99040539 RESPONSE DATE 5-10-99 REMOVED FROM DEFERRED STATUS LISTED FOR TRIAL LISTING CONF WAITING TO LIST PRE-TRIAL CONF MUMMA II, ROBERT M MUMMA II, ROBERT M ALLEN, JACQUELINE F BUCHANAN INGEROLL PC, ANSWER (MOTION/PETITION) FILED 49-99030149 ANS FILED TO SJ LISTED FOR TRIAL LISTING CONF MOTION ASSIGNMENT UPDATED 49-99030149 MOTION FOR SUMMARY JUDGMENT ASSIGNED TO JUDGE ALLEN ON 4-20-99 NOTICE GIVEN ORDER ENTERED/236 NOTICE GIVEN LEHRER, SAMUEL M 49-99030149 ORDERED THAT DEFT BUCHANAN INGERSOLL'S MOTION FOR SUMMARY JUDGMENT IS DENIED...By THE COURT: LEHRER,J. 4-28~99 DEFERRED - ON APPEAL ANSWER (MOTION/PETITION) FILED ALLEN, JACQUELINE F BUCHANAN INGEROLL PC, 49-99030149 ANS FILED TO MOTION FOR DEFAULT JUDGMENT ANSWER (MOTION/PETITION) FILED BUCHANAN INGEROLL PC, 39-99040539 ANS FILED TO MOTION FOR DEFAULT JUDGMENT REPORT : ZDRDOCT USER ID: COS Filinq Date / Time 12-MAY-99 15:25:49 13-MAY-99 14:21:54 17-MAY-99 10:19:23 19-MAY-99 11:12:32 03-JUN-99 09:36:06 06-JUL-99 10:31:13 08-JUL-99 14:21:20 First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 13 RUN DATE 02/01/02 RUN TIME 09:21 AM Docket Entry ORDER ENTERED/236 NOTICE GIVEN LEHRER, SAMUEL M 49-99030149 IT IS ORDERED THAT DEFT'S MOTION FOR RECONSIDER3kTION OF THIS COURT'S ORDER OF APRIL 28, 199 IS DENIED...By THE COURT, JUDGE LEHRER, 5-12-99 MOTION ASSIGNED 39-99040539 MOTION FOR DEFAULT JUDGMENT ASSIGNED TO JUDGE ALLEN ON 5-14-99 REPLY FILED MUMMA II, ROBERT M 39-99040539 REPLY IN SUPPORT OF MOTION FOR DEFAULT JUDGMENT FILED ORDER ENTERED/236 NOTICE GIVEN LEHRER, SAMUEL M 39-99040539 - UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT OR STAY, AND ALL RESPONSES SUBMITTED THERETO, IT IS HEREBY ORDERED AND DECREED AS FOLLOWS: 1. ALL FURTHER PROCEEDINGS IN THIS MATTER ARE STAYED UNTIL DISPOSITION BY THE SUPERIOR COURT OF THE NOTICE OF APPEAL TAKEN THERETO BY DEFENDANT BUCHANAN INGERSOLL, P.C. FROM THE ORDER OF THE COURT OF COMMON PLEAS ENTERED 18-FEB-99. 2. UNLESS THE SUPERIOR COURT IN ITS DISPOSITION OF THE AFORESAID APPEAL SHALL OTHERWISE DIRECT, IT IS FURTHER ORDERED THAT ALL FURTHER PROCEEDINGS IN THIS MATTER SHALL CONTINUE TO BE STAYED UNTIL DEFENDANT HAS COMPLIED WITH THIS COURT'S ORDERS RELATING TO THE PRODUCTION OF DOCUMENTS AND THE APPEARANCE FOR DEPOSITION OF GERALD MORRISON, ESQ. 3. IT IS FURTHER ORDERED THAT UPON COMPLIANCE WITH THIS COURT'S ORDERS AS SET FORTH IN PARAGRAPHS 1 AND 2 ABOVE, THIS COURT WILL ESTABLISH NEW DATES FOR COMPLETION OF DISCOVERY, EXPERT REPORTS AND OTHER MATTERS ARE HEREBY VACATED. 4. PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IN FAVOR OF PLAINTIFFS AND AGAINST DEFENDANT IS DENIED WITHOUT PREDJUDICE...LEHRER j. 19-MAY-99 MOTION/PETITION FILED BUCHANAN INGEROLL PC, 10-99052610 MOTION TO MODIFY ORDER RESPONSE DATE 7/6/99 ANSWER (MOTION/PETITION) FILED MUMMA II, ROBERT M 10-99052610 ANS FILED TO MOTION TO MODIFY ORDER MOTION ASSIGNED 10-99052610 MOTION TO MODIFY ORDER ASSIGNED TO JUDGE LEHRER ON 7-9-99 REPORT : ZDRDOCT USER ID: COS Filing Date / Tim~ 19-JUL-99 12:41:24 19-JUL-99 12:41:24 06-AUG-99 12:26:21 10-FEB-00 10:01:59 10-FEB-00 10:02:01 10-MAR-00 13:42:51 10-MAR-00 13:43:42 25-APR-00 09:42:27 First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 14 RUN DATE 02/01/02 RUN TIME 09:21 ~24 ' Docket Entry APPEAL QUASHED BY APPELLATE CT AT 886 EDA 99 ............... 5-24-99 RECORD RETURNED. REMOVED FROM DEFERRED STATUS ORDER ENTERED/236 NOTICE GIVEN LEHRER, SAMUEL M 10-99052610 IT IS ORDERED THAT THE DEFT'S MOTION TO MODIFY THIS COURT'S MAy 19, 1999 ORDER IS DENIED .... JUGDE LEHRER, 8-4-99 LISTED FOR STATUS CONFERENCE NOTICE GIVEN WAITING TO LIST PRE-TRIAL CONF MOSS, SANDRA M A REVISED CASE MANAGEMENT ORDER WAS ISSUED AT THE STATUS CONFERENCE BEFORE THE HONORABLE SANDRA MAZER MOSS. CASE MANAGEMENT ORDER ISSUED IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION MUMMA, ETAL VS BUCHANAN INGERSOLL,PC 970604213 REVISED CASE MANAGEMENT ORDER MAJOR JURY-COMPLEX Be advised that the Case Management Order issued for'the above-captioned action has been revised as follows: All discovery shall be completed not later than 01-MAY-2000. Plaintiff shall submit expert reports not later than 05-JUN-2000. Defendant shall submit expert reports not later than 03-JUL-2000. All pre-trial motions shall be filed not later than 01-AUG-2000. A settlement conference will be scheduled any time after 05-SEP-2000. A pre-trial conference will be scheduled at any time after 02-OCT-2000. It is expected that this case shall be ready for trial by 01-NOV-2000. All other terms and conditions on the original Case Management Order will remain in full force and effect. BY THE COURT: DATE JACQUELINE ALLEN, J. TEAM LEADER MOTION TO WITHDRAW APPEAP~n_NCE MUMMA II, ROBERT M 43-00041843 MOTION TO WITHDRAW APPEARANCE FILED REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 15 RUN DATE 02/01/02 RUN TIME 09:21 A34 Filing Date / Time 27-APR-00 09:45:03 24-MAY-00 11:22:08 24~MAY~00 11:24:30 24-MAY-00 11:29:36 25-MAY-00 13:22:45 30-MAY-00 13:24:58 13-JUN-00 14:02:56 13-JUN-00 14:10:02 13-JUN-00 14:10:20 Docket Entry MOTION ASSIGNED 43-00041843 MOTION TO WITHDRAW APPEARANCE ASSIGNED TO JUDGE ALLEN ON 4-28-00 ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F AND NOW, THIS 23RD DAY OF MAY, 2000, UPON CONSIDERATION OF PETITION OF COUNSEL FOR PLAINTIFFS FOR LEAVE TO WITHDRAW, A RULE IS HEREBY ENTERED TO SHOW CAUSE WHY THE SAID PETITION SHOULD NOT BE GR_~NTED. RULE RETURNABLE THE 12TH DAY OF JUNE, 2000, AT 2:00 P.M. IN COURTROOM 254, CITY HALL, PHILADELPHIA, PA. PETITIONER SHALL SERVE NOTICE OF THE RULE RETURNABLE ON PLAINTIFFS ..... BY THE COURT: JACQUELINE F. ALLEN J. LISTED RULE RETURNABLE DATE MOTION TO WITHDRAW APPEARANCE 48-00051848 MOTION TO WITHDRAW APPEARANCE MOTION ASSIGNED 48-00051848 MOTION TO WITHDRAW APPEARANCE. ASSIGNED TO JUDGE ALLEN ON 5-26-00 REPLY FILED BUCHANAN INGEROLL PC, 48-00051848 ANS FILED TO MOTION TO WITHDRAW APPEARANCE MUMMA II, ROBERT M ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F 43-00041843 - AND NOW, THIS 12TH DAY OF JUNE, 2000, UPON CONSIDERATION OF THE PETITION OF ARTHUR W. LEFCO, ESQUIRE AND COZEN AND O'CONNOR TO WITHDRAW AS COUNSEL OF RECORD, IT IS HEREBY: ORDERED AND DECREED TEAT THE FOREGOING PETITION SHALL BE AND HEREBY IS GRANTED, AND THAT ARTHUR LEFC0, ESQUIRE AND COZEN AND O'CONNOR ARE GRANTED LEAVE TO WITHDRAW AS COUNSEL OF RECORD EFFECTIVE IMMEDIATELY ..... BY THE COURT: JACQUELINE F. ALLEN J. LISTED FOR SETTLEMENT CONF ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F 48-00051848 - AND NOW, THIS 12TH DAY OF JUNE, 2000, PETITION OF ARTHUR W. LEFCO, ESQUIRE AND COZEN AND O'CONNOR TO WITHDRAW AS COUNSEL OF RECORD IS DENIED AS MOOT (SEE ORDER 12-JUN-00) ..... BY THE COURT: JACQUELINE F. ALLEN J. REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 16 RUN DATE 02/01/02 RUN TIME 09:21 AM Filin~ Date / Time 13-JUN-00 14:11:49 07-JUL-00 13:54:28 25-JUL-00 08:25:15 25-JUL-00 08:25:16 26-JUL-00 15:44:34 01-AUG-00 10:35:04 01-AUG-00 10:38:18 07-AUG-00 15:44:00 09-AUG-00 15:14:05 31-AUG-00 10:44:20 31-AUG-00 11:06:40 05-SEP-00 09:50:35 06-SEP-00 08:37:35 06-SEP-00 15:21:15 06-SEP-00 15:23:46 08-SEP-00 13:50:35 Docket Entry OTHER EVENT CANCELLED SELECTED FOR STATUS NOTICE LISTED FOR SETTLEMENT CONF CONFERENCE DATE SET NOTICE GIVEN MOTION/SUMMARY JDGMT FILED 72-00072072 RESPONSE DATE 8-31-00 MOTION/SUMMARY JDGMT FILED 74-00072074 RESPONSE DATE 8-31-00 ENTRY OF APPEARANCE FILED ENTRY OF APPEARANCE OF JOSHUA D. BEHALF OF PLFS. NOTICE GIVEN ANSWER (MOTION/PETITION) FILED 74-00072074 ANS FILED TO SJ PET FOR EXTRAORDINARY RELIEF 95-00081795 RESPONSE DATE 9-11-00 MEMORANDUM FILED ALLEN, JACQUELINE F BUCHANAN INGEROLL PC, BUCHANAN INGEROLL PC, LOCK, JOSHUA D LOCK, ESQ. FILED ON MUMMA II, ROBERT M MUMMA II, ROBERT M MUMMA II, ROBERT M 74-00072074 MEMO FILED IN OPPOSITION OF SJ WAITING TO LIST TRIAL SCHED CF MOTION ASSIGNED 72-00072072 MOTION FOR SUMMARY JUDGMENT ASSIGNED TO JUDGE ALLEN ON 9-7-00 MOTION ASSIGNED 74-00072074 MOTION FOR SUMMARY JUDGMENT ASSIGNED TO JUDGE ALLEN ON 9-7-00 ORDER ENTERED/236 NOTICE GIVEN MASSIAH-JACKSON, F.A. 72-00072072 - AND NOW, THIS 8TH DAY OF SEPTEMBER, 2000, UPON CONSIDERATION OF-THE DEFENDANT'S MOTION FOR REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 17 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date / Time 08-SEP-00 13:57:49 ll-SEP-00 12:50:00 12-SEP-00 14:23:21 13-SEP-00 13:47:38 13-SEP-00 15:41:58 13-SEP-00 15:53:24 29-SEP-00 14:34:47 04-OCT-00 14:41:56 04-OCT-00 14:42:38 05-OCT-00 15:40:34 Docket Entry SUMMARY JUDGMENT ON PLAINTIFFS' AFFIRMATIVE CLAIMS AND DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON THE COUNTERCLAIM AND THE RESPONSE THERETO, IT IS HEREBY ORDERED THAT THE MOTIONS ARE DENIED. ON OR BEFORE OCTOBER 2, 2000, THE PLAINTIFFS SHALL FILE WITH THE PROTHONOTARYAND PROVIDE COPIES TO THE COURT TEAM LEADERS (MOSS J. AND ALLEN J.), AND TO ALL COUNSEL, A DETAILED TRIAL BRIEF WITH CASE LAW CITATIONS TO IDENTIFY AND SUPPORT EACH COUNT OF THE COMPLAINT ON WHICH THE PLAINTIFFS ARE PROCEEDING TO TRIAL. DO NOT ARGUE FACTS, RATHER PRESENT THE LEGAL BASIS FOR THE CLAIMS ASSERTED ..... BY THE COURT: FREDERICA A. MASSIAH-JACKSON J. OTHER EVENT CANCELLED ALLEN, JACQUELINE F 74-00072074 - SEE ORDER DATED AND SIGNED BY THE HONORABLE FREDERICA A, MASSIAH-JACKSON ON 8-SEP~00. ANSWER (MOTION/PETITION) FILED BUCHANAN INGEROLL PC, 95-00081795 ANS FILED TO X-RELIEF LISTED FOR TRIAL LISTING CONF MOTION ASSIGNED 95-00081795 X-RELIEF ASSIGNED TO JUDGE ALLEN ON 9-14-00 NOTICE GIVEN ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F 95-00081795 - AND NOW, THIS 13TH DAY OF SEPTEMBER, 2000, UPON CONSIDERATION OF PLAINTIFF'S PETITION FOR EXTRAORDINARY RELIEF, IT IS HEREBY ORDERED AND DECREED THAT SAID PETITION IS DENIED .... BY THE COURT: JACQUELINE F. ALLEN J . STENOGRAPHER'S NOTES FILED ONE NUMBER OF NOTES TAKEN ON JUNE 12, 2000 BY JUDGE JACQUELINE F. ALLEN. WAITING TO LIST FOR TRIAL ALLEN, JACQUELINE F LISTED FOR TRIAL NOTICE GIVEN REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 18 RUN DATE 02/01/02 RUN TIME 09:21 AM Filing Date / Time 06-NOV-00 15:25:32 06-NOV-00 15:33:51 06-NOV-00 15:35:12 Docket Entry ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F AND NOW, THIS 23RD DAY OF OCTOBER, 2000, UPON CONSIDERATION OF THE SUBMISSIONS AND ARGUMENTS OF COUNSEL HF2LRD THIS DATE, IT IS HEREBY ORDERED AND DECREED THAT 1. PLAINTIFFS' FIFTH MATTER SET FORTH IN ITS PRETR5IAL MEMORANDUM ENTITLED "ESTATE MATTERS/SLASH STOCK CERTIFICATES,, IS STRICKEN AND DISMISSED WITH PREJUDICE. 2. COUNTS 1, 2, 4, 5, 7 THROUGH 13, 15 THROUGH 29, AND 30 OF THE COMPLAINT ARE HEREBY DISMISSED WITH PREJUDICE. 3. PLAINTIFFS' DAMAGES SHALL BE LIMITED TO THE REIMBURSEMENT THE LEGAL FEES AND COSTS PAID TO DEFENDANT, BUCHANAN INGERSOLL, P.C. WHICH PROXIMATELY FLOW FROM THE FOUR REMAINING BREACH OF CONTRACT CLAIMS AS SET FORTH IN PLAINTIFFS' PRETRIAL MEMORANDUM. SAID CLAIMS TO: THE NON PROS OF CERTAIN EQUITY ACTIONS; BUCHANAN INGERSOLL'S DISQUALIFICATIONS IN LEBANON ROCK LITIGATION; DISMISSAL ON PRELIMINARY OBJECTIONS OF THE TAX LITIGATION AGAINST PENNSY SUPPLY, INC.; AND THE FAILURE TO DELIVER SETTLEMENT DOCUMENTS BY MARCH 8, 1995 IN CONNECTION WITH THE THOMAS DISPUTE (THE HANOVER AND MCDERMITT TRANSACTIONS). 4. PLAINTIFF IS DIRECTED TO PROVIDE TO DEFENDANT'S COUNSEL, NO LATER THAN NOVEMBER 2, 2000, A SPECIFIC ITEMIZATION OF THE DAMAGES CLAIMED AS SET FORTH IN PARAGRAPH 3, IDENTIFYING FROM WHICH CLAIM EACH ITEM OF DAMAGE ALLEGEDLY FLOWS. 5. PLAINTIFFS' REMAINING FOUR CLAIMS ARE FOUNDED SOLELY ON THE THEORY OF BREACH OF CONTRACT; ANy AND ALL CLAIMS BASED UPON NEGLIGENCE, FRAUD OR ANY OTHER THEORY ARE HEREBY DISMISSED WITH PREJUDICE ...... BY THE COURT: JACQUELINE F. ALLEN J. CASE RESCHEDULED BY COURT ALLEN, JACQUELINE F THIS CASE WILL BE HEARD NON-JURY ON DECEMBER 11, 2000 (SEE ORDER 3-NOV-00 SIGNED BY THE HONORABLE JACQUELINE F. ALLEN. ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F AND NOW, THIS 3RD DAY OF NOVEMBER, 2000, UPON CONSIDERATION OF DEFENDANT'S MOTION IN LIMINE TO DISMISS PLAINTIFFS' FOUR REMAINING COUNTS, IT IS HEREBY ORDERED AND DECREED THAT SAID MOTION IS HEREBY GRANTED. SPECIFICALLY COUNTS 3, 6, 14, 20 AND 28 OF PLAINTIFFS' COMPLAINT ARE DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED AND DECREED THAT PLAINTIFFS' AFFIRMATIVE CLAIMS A~RE HEREBY DISMISSED WITH PREJUDICE. DEFENDANT'S COUNTERCLAIM AGAINST PLAINTIFFS' SHALL PROCEED NON-JURY. TRIAL DATE CERTAIN DECEMBER 11, 2000, 254, CITY HALL, 9:30 REPORT : ZDRDOCT USER ID: COS Filing Date / Timm 06-NOV-00 15:39:35 07-NOV-00 15:01:16 07-NOV-00 15:02:29 09-NOV-00 11:40:34 29-NOV-00 15:46:00 Il-JAN-01 07:45:18 14-FEB-01 12:36:05 25-JAN-02 14:30:45 First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 19 RUN DATE 02/01/02 RUN TIME 09:21 AM Docket Entry A.M ....... BY THE COURT: JACQUELINE F. ALLEN J. LISTED FOR TRIAL NOTICE GIVEN NOTICE GIVEN STENOGRAPHER,S NOTES FILED ONE NUMBER OF NOTES TAKEN ON OCTOBER 23 2000 BY JUDGE ALLEN. ' APPEAL TO SUPERIOR COURT LOCK, JOSHUA D *********************************************** NOTICE IS HEREBY GIVEN THAT PLAINTIFFS, APPEAL FROM THE ORDER DATED 11-3-00 AND DOCKETED ON 11-6-00 BY JUDGE ALLEN. PROOF OF SERVICE FILED DEFERRED - ON APPEAL ALLEN, JACQUELINE F STENOGRAPHER, S NOTES FILED 4 VOLUMES OF NOTES TAKEN 11/3/00, 12-11-00,12-12-00 & 1-5-01 BEFORE JUDGE ALLEN. ' ORDER ENTERED/236 NOTICE GIVEN ALLEN, JACQUELINE F IT IS HEREBY ORDERED AND DECREED THAT UPON CONSIDERATION OF THE EVIDENCE PRESENTED AND AFTER DUE DELIBERATION, THIS COURT HEREBY FINDS IN FAVOR OF COUNTERCLAIM PLAINTIFF BUCHANAN INGERSOLL AND AGAINST THE COUNTERCLAIM DEFENDSNTA AS MORE SPECIFICALLY SET FORTH BELOW. JUDGMENT IS HEREBY ENTERED IN FAVOR OF BUCHANAN INGERSOLL AND AGAINST ROBERT M. MUMMA ON ALL COUNTS OF THE COMPLAINT IN THE SUM OF $809,254.87 CONSISTING OF THE FOLLOWING: A. PRINCIPAL AMOUNT OWED BY ROBERT M. MUMMA ON HIS OWN ACCOUNT $503,741.17 B. PRINCIPAL AMOUNT OWED BY ROBERT M. MUMMA AS A GUARANTOR OF THE LEBANON ROCK: $59,242.30 C. ACCRUED PREJUDGMENT INTEREST $246,271.40. JUDGMENT IS HEREBY ENTERED IN FAVOR OF BUCHANON INGERSOLL AND AGAINST ADAMS COUNTY ASPHALT ON COUNTS II AND III OF THE COMPLAINT, IN THE TOTAL SUM OF $21,634.32 CONSISTING OF THE FOLLOWING: A. PRINCIPAL AMOUNT OF $15,050.59 AND B. ACCRUED PREJUDGMENT INTEREST OF $6,583.73 JUDGMENT IS HEREBY ENTERED IN FAVOR OF BUCHANAN INGERSOLL AND AGAINST 130 COMPANy ON COUNTS II AND III OF THE COMPLAINT, IN THE TOTAL SUM OF $8,720.90 CONSISTING OF THE FOLLOWING: A. PRINICPAL AMOUNT OF $6,066.97 AND B. ACCRUED PREJUDGMENT REPORT : ZDRDOCT USER ID: COS First Judicial District CIVIL DOCKET REPORT CASE ID 970604213 PAGE 20 RUN DATE 02/01/02 RUN TIME 09:21 A24 Filing Date / Time 25-JAN-02 14:47:58 31-JAN-02 14:26:00 Docket Entry INTEREST OF $2,653.93 JUDGMENT IS ENTERED IN FAVOR OF BUCHANAN INGERSOLL AND AGAINST KIMBOB, INC. ON COUNTS II AND III OF THE COMPLAINT IN THE TOTAL SUM OF $58,591.75 CONSISTING OF THE FOLLOWING: A. PRINICPAL AMOUNT OF $40,755.10 AN B. ACCRUED PREJUDGMENT INTEREST OF $17,836.65 JUDGMENT IS HEREBY ENTERED IN FAVOR OF BUCHANAN INGERSOLL A_ND AGAINST MCDERMITT CORPORATION ON COUNTS II AND III OF THE COMPLAINT, IN THE TOTAL SUM OF $65,403.15 CONSISTING OF THE FOLLOWING: A. PRINCIPAL AMOUNT OF $45,499.75 AND B. ACCRUED PREJUDGMENT INTEREST OF $19,903.40 JUDGMENT IS HEREBY ENTERED IN FAVOR OF BUCHANAN INGERSOLL AND AGAINST GEMINI EQUIPMENT CO. ON COUNTS II AND III OF THE COMPLAINT IN THE TOTAL SUM OF $158,722.06 CONSISTING OF THE FOLLOWING: A. PRINCIPAL AMOUNT OF $110,419.97 AND B. ACCRUED PREJUDGMENT INTEREST OF $48,302.09 JUDGMENT IS ENTERED IN FAVOR OF BUCHANAN INGERSOLL AND AGAINST HIGH SPEC CORPORATION ON COUNTS II AND III OF THE COMPLAINT, IN THE TOTAL SUM OF $11,203.87 CONSISTING OF THE FOLLOWING: A. PRINCIPAL AMOUNT OF $7,794.32 AND B. ACCRUED PREJUDGMENT INTEREST OF $3,409.55 JUDGMENT IS HEREBY ENTERED IN FAVOR OR BUCHANAN INGERSOLLAND AGAINST HANOVER CONCRETE ON COUNTS II AND III OF THE COMPLAINT IN THE TOTAL SUM OF $53,428.29 CONSISTING OF THE FOLLOWING: A. PRINCIPAL AMOUNT OF $37,169.06 AND B. ACCRUED PREJUDGMENT INTEREST OF $16,259.23 ....... BY THE COURT: ALLEN,J.1/22/02 PROPOSED FINDING OF FACT FILED ALLEN, JACQUELINE F FINDING OF FACT AND CONCLUSIONS OF LAW FILED ALONG WITH THE ORDER OF 1/22/02 JUDGMENT ON COURT'S ORDER PRAECIPE FOR ENTRY OF JUDGMENT FILED. CERTIFICATE OF SERVICE FILED. NOTICE UNDER RULE 236. JUDGMENT IS ENTERED ON THE COURT'S ORDER OF 1-22-02 ENTERING JUDGMENT IN FAVOR OF BUCHANAN INGERSOLL, P.C. AND AGAINST ROBERT M. MUMMA, II IN THE SUM OF $809,254.87; AGAINST ADAMS COUNTY ASPHALT IN THE SUM OF $21,634.32; AGAINST 130 COMPANY IN THE SUM OF $8,720.75; AGAINST KIMBOB, INC. IN THE SUM OF $58,591.75; AGAINST MCDERMITT CORP. IN THE SUM OF $65,403.15; AGAINST GEMINI EQUIPMENT CO IN THE SUM OF $158,722.06; AGAINST HIGH SPEC CORP. IN THE SUM OF $11,203.87; AND AGAINST HANOVER CONCRETE IN THE SUM OF $53,428.29. Judgment certified in the amount of $ (See attached sheet) * * * End of Docket * * * JUNE term, 1997 No. 4213 Judgment certified in the amount of $809,254.87 against Robert M. Mumma, II. Judgment certified in the amount of $21,634.32 against Adams County Asphalt. Judgment certified in the amount of $8,720.90 against 130 Company. Judgment certified in the amount of $58,591.75 against KimBob, Inc. Judgment certified in the amount of $65,403.15 against Mc Dermitt Corporation. Judgment certified in the amount of $158,722.06 against Gemini Equipment Co. Judgment certified in the amount of $11,203.87 against High Spec Corporation. Judgment certified in the amount of $53,428.29 against Hanover Concrete. FEB 1 2002 CERTIFIED FROM THE RECORD ON JOSEPH H. EVERS IN THE COURT OF COMMON, PLEAS OF PHILADELPHIA CIVIL TRIAL DIVISION ROBERT M. MUMMA H; HANOVER ACQUISITION; McDERMITT, INC.; GEMINI EQUIPMENT CO.; KIMBOB, ADAMS COUNTY ASPHALT; 130 COMPANY; and HIGH SPEC CORP BUCHANANINGERSOLL, P.C. JUNE TERM, 1997 NO. / ORDER AND NOW, this 22nd day of January, 2002 upon consideration of the evidence presented and after due deliberation, this Court hereby finds in favor of counterclaim plaintiffBuchanan Ingersoll and against the counterclaim defendants as more specifically set forth below. Judgment is hereby entered in favor &Buchanan Ingersoll and against Robert M. Mumma on counts of the Complaint, in the sum of $809,254.87 consisting of the following: a. principal amount owe.d by Robert M. Mumma on his own account $503,741.17 b. principal amount owed by Robert M. Mumma as a guarantor &the of Lebanon Rock: $59, 242.30 c. accrued prejudgment interest $246,271.40. Judgment is hereby entered in favor of Buchanan Ingersoll and against Adams County Asphalt on Counts II and III of the Complaint, in the. total sum of $21,634.32 consisting of the following: a. principal amount of $15,050.59; and b. accrued prejudgment interest of $6,583.73 Judgment is hereby entered in favor of Buchanan Ingersoll and against 130 Company on Counts II and III of the Complaint, in the total sum of $8,720.90, consisting of the following: principal amount of $6,066.97; and accrued prejudgment interest of $2,653.93 Judgment is hereby entered in favor of Buchanan Ingersoll and against Kimbob, Inc. On Counts II and III of the Complaint, in the total sum of $58,591.75 consisting of the following: principal amount of $40,755.10; and accrued prejudgment interest of $17,836.65. Judgment is hereby entered in favor of Buchanan Ingersoll and against McDei nfitt Corporation on Counts Il and III of the Complaint, in the total sum of $65,403.15, consisting of the following:~ principal amount of $45,499.75; and accrued prejudgment interest of $19,903.40 Ju~igment is hereby entered in favor of Buchanan Ingersoll and against Gemini Equipment Co. on Counts II and III of the Complaint, in the total sum of $158,722.06, consisting of the following: principal amount of $110, 419.97; and accrued prejudgment interest of $48,302.09 Judgment is hereby entered in favor of Buchanan Ingersoll arid against High Spec Corporation on ~ Counts II and III of the Complaint, in the total sum of $11,203.87, consisting of the following: principal amount of $7,794.32; and accrued prejudgment interest of $3,409.55 Judgment is hereby entered in favor of Buchanan Ingersoll and against Hanover Concrete on Counts II and III of the Complaint in the total sum of $53,428.29, consisting of the following: principal amount of $37,169.06 and; accrued prejudgment interest of $16,259.23 BY THE COURT: cOPIES SENT PURSUANT TO Pa. R.C.P. 236('o) JAN 2 5 200Z First Judic_,ia~,of Pa. User I. D.: '. ,,~/~,~.'.'~. . ALLEN, J. ROBERT M. MUMMA, II, : HANOVER ACQUISITION : McDERMITT, INC. : GEMINI EQUIPMENT CO. : KIMBOB, INC. : ADAMS COUNTY ASPHALT : 130 COMPANY : HIGH SPEC CORP. : Plaintiffs, : V. : : : BUCHANAN INGERSOLL, P.C., Defendant. : BUCHANAN INGERSOLL, P.C., Counterclaim Plaintiff, ROBERT M. MUMMA, II; HANOVER ACQUISITION; McDERMITT, INC.; GEMINI EQUIPMENT CO.; KIMBOB, INC.; ADAMS COUNTY ASPHALT; 130 COMPANY; HIGH SPEC CORP. Counterclaim Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CERTIFICATION OF ADDRESSF..q TO THE PROTHONOTARY: THE LAST KNOWN ADDRESS OF COUNTERCLAIM-PLAINTIFF~ JUDGMENT CREDITOR IS: BUCHANAN INGERSOLL PROFESSIONAL CORPORATION MATTHEW C. BROWNDORF, ESQUIRE 213 MARKET STREET, 3RD FLOOR HARRISBURG, PA 17101 THE LAST KNOWN ADDRESSES OF COUNTERCLAIM-DEFENDANTS~ JUDGMENT DEBTORS ARE: ROBERT M. MUMMA, II BOX 58 BOWMANSDALE, PA 17008 KIMBOB, INC. 614 NORTH FRONT STREET HARRISBURG, PA 17101 HANOVER ACQUISITION 83 HUNTERSTOWN ROAD GETTYSBURG, PA 17325 ADAMS COUNTY ASPHALT 242 McCORMICK ROAD BOWMANSDALE, PA 17008 McDERMITT, INC. 83 HUNTERSTOWN ROAD GETTYSBURG, PA 17325 130 COMPANY 614 NORTH FRONT STREET HARRISBURG, PA 17101 GEMINI EQUIPMENT CO. 242 McCORMICK ROAD BOWMANSDALE, PA 17008 HIGH SPEC CORP. 614 NORTH FRONT STREET HARRISBURG, PA 17101 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION By: M(71~tt~eTM Q. Browndorf, Esquire ID No. 81915 213 Market Street, 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Dated: February 8, 2002