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HomeMy WebLinkAbout13-2019 Supreme Court Pennsylvania <./ Court of,Commowpleas For Prothonotary Use Only: Civil CtiWr,Sheet r N Docket No: S / CUMBERLAND County 13 —ozo 9 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or r of court. Commencement of Action: S ❑ Complaint El Writ of Summons [3 Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C. Lead Plaintiffs Name: Lead Defendant's Name: T DAIRY FARMERS OF AMERICA, INC. BORTEK INDUSTRIES, INC. Dollar Amount Requested: ❑within arbitration limits J Are money damages requested? 0 Yes ❑ No (check one) I@ outside arbitration limits O N is this a Class Action Suit? ❑ Yes El No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff /Appellant's Attorney: Charles E. Haddick, Jr., Esquire and Christine L. Line, Esquire ❑ Check here if you have no attorney (are a Self- Represented jPro Set Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PR /MARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) C I V I L A PP EA LS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance Dept. of Transportation S ❑ Premises Liability B Statutory Appeal: Other ❑ Product Liability (does not include ❑Employment Dispute: mass lorl) ❑ Slander /Libel/ Defamation Discrimination C M Other: ❑ Employment Dispute: Other ❑ Zoning Board T Property Damage ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ToxicTort - Implant REALPROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑Ejectment [3 Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment [3 Ground Rent e Mandamus E] Landlord/Tenant Dispute Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranlo Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1 /I/70 /1 1579928.doc DAIRY FARMERS OF AMERICA, INC. IN THE COURT OF COMMON PLEAS OF 10220 N. Ambassador Drive CUMBERLAND COUNTY, PENNSYLVANIA Kansas City, Missouri, 64153, Plaintiff, NO. CIVIL ACTION - LAW V . BORTEK INDUSTRIES, INC. 4713 Old Gettysburg Road JURY TRIAL DEMANDED Mechanicsburg, PA 17055 -4326, Defendant. M w PRAECIPE FOR WRIT OF SUMMONS °� �c:: W O CD TO THE PROTHONOTARY OF SAID COURT: CL) Please issue writ of summons in the above - captioned matter. X Writ of Summons shall be issued and forwarded to (x) Attorney () Sheriff Respectfully Submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 15. 2013 By Charles E. Haddick, Jr., Esquire Attorney I.D. No. 55666 Christine L. Line, Esquire Attorney I.D. No. 93257 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 -2223 717 - 731 -4800 s Attorney for ara S, Dairy Farmers of America, Inc. ��a�yy DAIRY FARMERS OF AMERICA, INC. IN THE COURT OF COMMON PLEAS OF 10220 N. Ambassador Drive CUMBERLAND COUNTY, PENNSYLVANIA Kansas City, Missouri, 64153, Plaintiff, NO. j p I q CIVIL ACTION - LAW V. BORTEK INDUSTRIES, INC. 4713 Old Gettysburg Road JURY TRIAL DEMANDED Mechanicsburg, PA 17055 -4326, Defendant. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(s): YOU ARE NOTIFIED THAT THE ABOVE -NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary Date: Deputy CERTIFICATE OF SERVICE AND NOW, April 15, 2013, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing WRIT OF SUMMONS upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First -Class Mail Wayne Pecht, Esquire 1205 Manor Dr. Mechanicsburg, PA 17055 Charles E. Haddick, Jr., Esquire Wayne M. Pecht 1 IE F- �C TNUNYTA"y PAID No.: 38904 � �� �� �� �� ��: �� 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 ;{ 3ELAdD COUNTY Telephone: 717-691-9808 PENNs YLYANIA Facsimile: 717-691-2070 E-mail: wpecht @pechtlaw.com Attorneys for Defendant DAIRY FARMERS OF AMERICA, INC., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. No.: 13-2019-CIVIL TERM BORTEK INDUSTRIES, INC., CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO: David Buell, Prothonotary, Please issue a Rule upon Plaintiff, Dairy Farmers of America, Inc., directing Plaintiff to file a Complaint within twenty-days of the service of the Rule, or suffer the entry of a judgment of non pros. Respectfully submitted, Pecht & Associates, P.C. April 24, 2013 A/0 Wayne M. Pecht PAID No.: 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Telephone: 717-691-9808 Facsimile: 717-691-2070 E-mail: wpecht @pechtlaw.com Attorneys for Defendant DAIRY FARMERS OF AMERICA, INC., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : No.: 13-2019-CIVIL TERM BORTEK INDUSTRIES, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED RULE TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant in the above-captioned matter within twenty-days of service of this Rule against you or suffer a judgment of non pros. April c2 S, 2013 David Buell, rothono ary y IUD-of ; Pecht &Associates, PC (;Y '{ 'RaT 'Clp Wayne M. Pecht, Esquire PAID No.: 38904 010" 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 UB PENNSYLVANIA RL ND G 1 fy Telephone: (717) 691-9808 Facsimile: 717-691-2070 E-mail: wpecht@pechtlaw.com Attorneys for Defendant DAIRY FARMERS OF AMERICA,INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. No.: 13-2019-CIVIL TERM BORTEK INDUSTRIES,INC., CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED PROOF OF SERVICE I hereby swear and affirm that I served a copy of the Praecipe for Rule to File Complaint and Rule on Counsel for Plaintiff Dairy Farmers of America, Inc., by US First Class Mail, Certified, Return Receipt Requested (sender's receipt PS Form 3800 and Return Receipt PS Form 3811 attached hereto) on the 1 st day of May 2013. Respectfully submitted, PECHT& ASSOCIATES, PC May 7, 2013 41,1 Wayne M. Pecht, Esquire PAID No.: 38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Telephone: 717-691-9808 Facsimile: 717-691-2070 E-mail: wpecht@pechtlaw.com Attorneys for Defendants r c OCPA Lf— S _J w r- Postage $ 0 Certified Fee t L q— C3 Retum Redept F� O O U O Q 94 O (Endorsement Required) ' �J5 C3 Aesbfcted Delivery Fee 9 (EndorsemeM Required) Q m Total Posu Charles E. Hadd LJrTU Dickie McCame -Z M ° Plaza 21, Suite --°-- -- 425 North 21St S LO ••• Sneer i1p£7 or PO Box A Camp Hill, PA 17011 ---- �ip;'s"ri1i�; '.:�`.:�Aill�:i� .f!11�;tl�I�Ya '-3:�y•:rlyc[.s� .- -}-�N.caY>>:si COMPLETE SECTION COMPLETE THIS SECTION ON DELIVERY H Complete items 1,2,and 3.Also complete A. Sl na re item 4 if Restricted Delivery is desired. ❑Agent © Print your name and address on the reverse tri j 1J(f ❑Addressee so that we can return the card to you. B. Re ed by(Printed Name) C. Date of Delivery E Attach this card to the back of the mailpiece, ( � or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No unarles h. Haddick;-Jr.,Esquire Dickie McCamey Plaza 21, Suite 32 425 North 21St Street Camp Hill, PA 17011 a. service Type Certified Mail ❑Express Mail ❑'Registered Return Receipt for Merchandise ❑Insured Mail C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7003 3110 0000 7777 11936 (Transfer from service fabeo PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 1631834.doc DICKIE,MCCAMEY&CHILCOTE,POC.I IA , BY: Charles E.Haddick,Jr.,Esquire im j p 3 ATTORNEY FOR: PLAINTIFF ATTORNEY I.D.NO. 55666 DAIRY FARMERS OF AMERICA,INC. BY: Christine L.Line,Esquire ATTORNEY I.D.NO.93257 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA.17011 717-731-4800 (Tele) 888-811-7144 Fax DAIRY FARMERS OF AMERICA, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 13-2019-CIVIL TERM V. CIVIL ACTION - LAW BORTEK INDUSTRIES, INC., Defendant. JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification to the Plaintiffs Complaint in the above- captioned matter. Respectfully submitted, DICKIE,MCCAMEY&CHILCOTE,P.C. Date: May 16, 2013 By: Charles E. Haddick, Jr., Esquire Attorney I.D. No. 55666 Christine L. Line, Esquire Attorney I.D. No. 93257 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, Dairy Farmers ofAmerica, Inc. 1 2 VERIFICATION TO COMPLAINT I, Jim Hopwood, of Dairy Farmers of America, Inc., have read the foregoing Complaint (Dairy Farmers of America, Inc. v Bortek Industries, Inc.). The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements,I may be subject to criminal penalties. Dairy Farmers of America,Inc., Hopwood (/�- Co h i"u M�� DATED � 1S � CERTIFICATE OF SERVICE AND NOW, May 16, 2013, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE TO SUBSTITUTE VERIFICATION upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid,at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Wayne Pecht, Esquire 1205 Manor Dr. Mechanicsburg, PA 17055 (Counsel for Bortek) Charles E. Haddick,Jr., Esquire DICKIE,MCCAMEY&CHILCOTE,P.C. BY: Charles E.Haddick,Jr.,Esquire ATTORNEY FOR: PLAINTIFF ATTORNEY I.D.NO.SS666 DAIRY FARMERS OF AMERICA,INC. BY: Christine L.Line,Esquire ATTORNEY I.D.NO.932S7 Plaza 21,Suite 302 42S North 21st Street Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144 Fax DAIRY FARMERS OF AMERICA,INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 13-2019-CIVIL TERM. V. CIVIL ACTION - LAW BORTEK INDUSTRIES, INC., Defendant. J,URY TRIAL DEMANDED '77 NOTICE TO DEFEND MOD ZC'T- rn r -<-, r1J TO: Defendant, Bortek Industries,Inc. r ;�" C:> czf c/o Wayne Pecht, Esquire Q C"D 1205 Manor Dr. >C- Mechanicsburg, PA 17055 (Counsel for Bortek) 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 Not-ice 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 for relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (717)249-3166 DICKIE,MCCAMEY&CHILCOTE, P.C. BY: Charles E.Haddick,Jr.,Esquire ATTORNEY FOR: PLAINTIFF ATTORNEY I.D.NO. 55666 DAIRY FARMERS OF AMERICA,INC. BY: Christine L.Line,Esquire ATTORNEY I.D.NO.93257 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800(Tele) 888-811-7144 Fax DAIRY FARMERS OF AMERICA, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff, NO. 13-2019-CIVIL TERM V. CIVIL ACTION-LAW BORTEK INDUSTRIES, INC., Defendant. RY TRIAL DEMANDED COMPLAINT TO THE PROTHONOTARY: AND NOW, May 14, 2013, comes Plaintiff, Dairy Farmers of America, Inc., by and through its counsel, Dickie, McCamey & Chilcote, P.C. and respectfully represents the following: The Parties 1. Plaintiff, Dairy Farmers of America, Inc., is a Kansas Cooperative Marketing Association, which is domiciled in Kansas and has a principle place of business at 10220 N. Ambassador Drive, Kansas City, Missouri, 64153. 2. Plaintiff, Dairy Farmers of America, Inc., operates a manufacturing facility located at 4825 Old Gettysburg Road, Mechanicsburg, Pennsylvania, 17055. 3. Defendant, Bortek Industries, Inc., is a Pennsylvania corporation with an address of 4713 Old Gettysburg Road, Mechanicsburg, Pennsylvania, 17055. Facts 4. A body of water and storm water drainage point known as "Cedar Run," also depicted as a 100 year old flood plain, runs through Defendant's property. 5. In 2008, Defendant installed a second four-foot-wide drain pipe to help with the conveyance of water from the Cedar Run under and through its property. 6. On approximately April 16, 2011, Defendant added rock to its water management system in an effort to filter debris, effectively damming the water in and flowing into Cedar Run, in order to prevent the flooding of Defendant's parking lot due to recent rainfall. 7. On approximately April 28, 2011 following a rainstorm, the Plaintiffs property was flooded as a result of the damming undertaken by Defendant Bortek, Inc. and resulting blockage in the Cedar Run drainage pipes. 8. As a result of this flooding, the Plaintiff suffered extensive property damage, including but not limited to: (a) labor and expen' se of clean up; (b) destruction of vehicles; (c) destruction of office equipment; (d) destruction of packaging; (e) destruction of ingredients; lost revenue from missed production. 9. Plaintiff has suffered great financial expense for which damages are claimed. Counti Negligence 10. The aforesaid incident and resulting property damage was a direct and proximate result of the negligence, carelessness and recklessness of the Defendant which consisted of the following: (a) Defendant knew or should have known that the damming of the Cedar Run drainage pipes would result in a hazardous accumulation of storm water, resulting in property damage to adjoining landowners. (b) Defendant knew or should have known that the above condition posed an unreasonable risk of property damage,and/or personal injury to the surrounding properties, including the Plaintiffs property. (c) The Defendant,having control and possession of its water filtration system, was responsible for its management and supervision and knew or should have known that the conditions and circumstances of making alterations to the water flow of the Cedar Run created a dangerous and hazardous condition,as hereinbefore described. (d) Defendant failed to exercise reasonable care to protect Plaintiff and others with respect to the alterations made to the designated water flow of the Cedar Run. (e) Defendant failed to exercise reasonable care to protect Plaintiff and others with respect to the damming of the Cedar Run in that Defendant: Violated Lower Allen Township ordinances in its modification of the Cedar Run; (g) ' Violated the Storm Water Management Act, including, but not limited to Section 680.13; (h) Violated the Dam Safety and Encroachments Act, including, but not limited to Section 693.18; (i) Failed to inform the Lower Allen Township that modification of the drainage and flow of the Cedar Run was taking place; Failed to provide notice to property owners on the Cedar Run that modifications to the drainage and flow of the Cedar Run were taking place; (k) Failed to provide warnings and/or specifically warn Plaintiff of the risk of flooding due to the Defendant's modifications of the Cedar Run. (1) Failed to take action to otherwise safeguard or prevent damage to adjoining property owners caused by the damming of Cedar Run; (m) Such other negligence as may be revealed during discovery. 11, The aforesaid incident was caused solely and exclusively by the wrongful and liability producing conduct of the Defendant, Bortek Industries, Inc., as set forth above and is in no manner whatsoever by any act or failure to act on the part of Plaintiff, Dairy Farmers of America, Inc. 12. As a direct result of the incident and Defendant's negligence, carelessness and recklessness set forth above, the Plaintiff has suffered extensive property loss and damage in excess of$200,000.00. WHEREFORE, Plaintiff Dairy Farmers of America, Inc. respectfully request that this Honorable Court enter judgment in its favor, together with all allowable costs and attorneys fees. Respectfully Submitted, DICKIE, MCCAMEY&CHILCOTE, P.C. Date: May 14, 2013 B y. Charles E. Haddick,Jr., Esquire Attorney I.D. No. 55666 Christine L. Line, Esquire Attorney I.D. No. 93257 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717431-4800 A ttorn eyfor Plaintiff, Dairy Farmers of America, Inc, CERTIFICATE OF SERVICE AND NOW, May 14, 2013, I, Christine L. Line, Esquire, hereby certify that I did serve a true and correct copy of the foregoing COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Wayne Pecht, Esquire 1205 Manor Dr. Mechanicsburg, PA 17055 (Counsel for Bortek) C ristine L. Line, Esquire 2 0 F F I C E Pecht & Associates, P.C. ' I'HHE Pi-,CTH0N10TAlc`•,' Wayne M. Pecht, Esquire �� � . PAID No.: 38904 650 North Twelfth Street, Suite 100 CUMBERLAND COUNTY Lemoyne, PA 17043 PENNSYLVANIA Telephone: 717-691-9808 Facsimile: 717-695-6550 E-mail: wpecht @pechtlaw.com Attorneys for Defendant DAIRY FARMERS OF AMERICA, INC., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. No.: 13-2019-CIVIL TERM BORTEK INDUSTRIES, INC., CIVIL ACTION -LAW Defendant JURY TRIAL DEMANDED PRAECIPE FOR CHANGE OF ADDRESS TO: David Buell, Prothonotary, Please mark the record to indicate the change of address for counsel for Defendant as follows: Wayne M. Pecht, Esquire PAID No.: 38904 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Telephone: 717-691-9808 Facsimile: 717-695-6550 E-mail: wpecht @pechtlaw.com Respectfully submitted, Pecht & Associates P.C. June 4, 2013 Wayne Xf Pecht, Esquire PAID No.: 38904 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Telephone: 717-691-9808 Facsimile: 717-695-6550 E-mail: wpecht @pechtlaw.com Attorneys for Defendant CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, do hereby certify that on this the 4th day of June 2013, 1 served the foregoing Praecipe for Change of Address by US First Class Mail, postage prepaid, addressed as follows: Charles E. Haddick, Jr., Esquire Christine L. Line, Esquire Dickie, McCamey, & Chilcote, P.C. Plaza 21, Suite 302 425 North 21" Street Camp Hill, PA 17011 June 4, 2013 Wayne M. Pecht PA ID No.: 38904 Pecht& Associates, PC 650 North Twelfth Street Suite 100 Lemoyne, PA 17043 (717) 691-9808 Pecht & Associates, P.C. U tr i l Pl"�OTHCON0TA j`; Wayne M. Pecht, Esquire 6913 JUN -5 ��' PAID No.: 38904 Rob Bleecher, Esquire UMBERLAND COUNTY PAID No.: 32594 PENNSYLVANIA 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Telephone: 717-691-9808 Facsimile: 717-695-6550 E-mail: wpecht @pechtlaw.com Attorneys for Defendant DAIRY FARMERS OF AMERICA, INC., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. : No.: 13-2019-CIVIL TERM BORTEK INDUSTRIES, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Dairy Farmers of America,Inc. c/o Dickie, McCamey&Chilcote, P.C. Charles E. Haddick,Jr.,Esquire Christine L. Line, Esquire Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED to file a written response to the within Preliminary Objections to Plaintiff s Complaint within twenty(20)days from service hereof or a judgment may be entered against you. Respectfully submitted, Vaynee CIA S, P June 4, 2013 E squire PAID No. 38904 Rob Bleecher, Esquire PA ID NO 32594 650 North Twelfth Street, Suite 100 Lemoyne,PA 17043 717-691-9808 Telephone 717-695-6550 Facsimile Pecht & Associates, P.C. Wayne M. Pecht, Esquire PAID No.: 38904 Rob Bleecher, Esquire PAID No.: 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Telephone: 717-691-9808 Facsimile: 717-695-6550 E-mail: wpecht @pechtlaw.com Attorneys for Defendant DAIRY FARMERS OF AMERICA, INC., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. No.: 13-2019-CIVIL TERM BORTEK INDUSTRIES, INC., CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT NOW CONIES Defendant, by its attorneys, Pecht & Associates, P.C., and makes the following Preliminary Objections to Plaintiffs Complaint. DEMURRER - Pa. R. Civ. P. 1028(x)(3) and (a)(4) 1. Plaintiffs Complaint fails to state a claim against Defendant for the following reasons: a. Plaintiffs Complaint does not indicate how any action by Defendant caused water damage to Plaintiffs property. b. Plaintiffs Complaint does not allege how water flows from Defendant's property to Plaintiffs property or vice-versa. c. Plaintiff does not allege what duty Defendant owed to Plaintiff. FAILURE TO JOIN NECESSARY PARTY- Pa. R. Civ. P. 1028(a)(5) 2. Plaintiffs' Complaint does not allege the relative locations of Defendant's property and Plaintiff's property. 3. Plaintiff has not joined as defendants property owners between Defendant's property and Plaintiff's property, who are as likely to have contributed to or caused Plaintiff's alleged,damages as is Defendant. 4. Plaintiff has not joined as a defendant the Township of Lower Allen, even though Plaintiff alleges that the township had supervisory or regulatory authority over Cedar Run (the stream that runs from Plaintiff's property to Defendant's property). 5. Plaintiff has failed to join property owners to the east of and downstream of Defendant's property, who are as likely to have contributed to or caused Plaintiff's alleged damages as is Defendant. 6. Without the joinder of these parties, resolution of this matter is not possible. FAILURE OF PLEADING TO CONFORM TO RULE OF COURT - Pa. R. Civ. P. 1028(a)(2) 7. Plaintiff's Complaint alleges damages "in excess of$200,000." 8. Pennsylvania Rule of Civil Procedure 1021(b) provides that any pleading demanding relief for unliquidated damages shall not claim any specific sum. 9. Plaintiff's Complaint mentions a specific amount, i.e., $200,000, for unspecified, unliquidated damages, in violation of Rule 1021(b). 2 10.Pennsylvania Rule of Civil Procedure 1021(c) requires Plaintiff to state whether the amount claimed does or does not exceed the jurisdictional amount requiring arbitration referral by local rule. 11.Plaintiff's Complaint fails to state whether Plaintiff's claim is within the local jurisdictional limit requiring arbitration of this claim, in violation of Pennsylvania Rule of Civil Procedure 1021(c). WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Complaint and to enter judgment in favor of Defendant. Respectfully submitted, PECHT & ASSOC TES, P.C. June 4, 2013 Al Wayne M. Pecht, Esquire PAID No.: 38904 Rob Bleecher, Esquire PAID No.: 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Telephone: 717-691-9808 Facsimile: 717-695-6550 E-mail: w_pecht @pechtlaw.com Attorneys for Defendant 3 CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, do hereby certify that on this the 4th day of June 2013, I served the foregoing Preliminary Objections to Plaintiff's Complaint by US First Class Mail,postage prepaid, addressed as follows: Charles E. Haddick, Jr., Esquire Christine L. Line, Esquire Dickie, McCamey, & Chilcote, P.C. Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 June 4, 2013 Wayne . Pecht PA ID No.: 38904 Pecht&Associates, PC 650 North Twelfth Street Suite 100 Lemoyne, PA 17043 (717) 691-9808 DICKIE,MCCAMEY&CHILCOTE,P.C. BY: Charles E. Haddick,Jr.,Esquire ATTORNEY FOR: PLAINTIFF ATTORNEY I.D.NO. 55666 DAIRY FARMERS OF AMERICA,INC. BY: Christine L.Line,Esquire ATTORNEY I.D.NO.93257 Plaza 21,Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 Fax DAIRY FARMERS OF AMERICA, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 13-2019-CIVIL TERM V. CIVIL ACTION - LAW BORTEK INDUSTRIES, INC., Defendant. JURY TRIAL DEMANDED NOTICE TO DEFEND c1 -v-= w rrl CO C— TO: Defendant, Bortek Industries, Inc. x c/o Wayne Pecht, Esquire 1205 Manor Dr. ,cam o Mechanicsburg, PA 17055 -� (Counsel for Bortek) may° - Z-4 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 for relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DICKIE, MCCAMEY&CHILCOTE,P.C. BY: Charles E.Haddick,Jr., Esquire ATTORNEY FOR: PLAINTIFF ATTORNEY I.D.NO.55666 DAIRY FARMERS OF AMERICA, INC. BY: Christine L.Line,Esquire ATTORNEY I.D.NO.93257 Plaza 21,Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 Fax DAIRY FARMERS OF AMERICA, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 13-2019-CIVIL TERM V. CIVIL ACTION - LAW BORTEK INDUSTRIES, INC., Defendant. JURY TRIAL DEMANDED AMENDED COMPLAINT TO THE PROTHONOTARY: AND NOW, June 24, 2013, comes Plaintiff, Dairy Farmers of America, Inc., by and through its counsel, Dickie, McCamey & Chilcote, P.C. and respectfully represents the following: The Parties 1. Plaintiff, Dairy Farmers of America, Inc., is a Kansas Cooperative Marketing Association, which is domiciled in Kansas and has a principle place of business at 10220 N. Ambassador Drive, Kansas City, Missouri, 64153. 2. Plaintiff operates a manufacturing facility located at 4825 Old Gettysburg Road, Mechanicsburg, Pennsylvania, 17055. 3. Defendant, Bortek Industries, Inc., is a Pennsylvania corporation with an address of 4713 Old Gettysburg Road, Mechanicsburg, Pennsylvania, 17055. Facts 4. A stream channel known as the "Cedar Run" runs through the parties' properties in a north-easterly direction. S. The stream channel is depicted as a 100-year flood plain. 6. The Plaintiffs property is situated upstream from the Defendant's property, according to the flow of the Cedar Run. 7. The stream channel bisects the rear of the Defendant's property in the vicinity of existing loading docks. 8. In or about 2005, Defendant made improvements to its property including the addition of a building and the resurfacing of its driveway, which included the area of its loading docks. 9. Upon information and belief, the paving of Defendant's driveway raised the ground surface elevation by approximately six inches, which obstructed the flow of surface water through the Defendant's property. 10. In addition, the Defendant added approximately six to eight inches of macadam curbing to its driveway in the area of a two 48-inch diameter drainage pipes traversing under the Defendant's driveway, on the ingress-side of the Cedar Run into the drainage pipes. 11. Upon information and belief, Defendant failed to obtain environmental studies to identify if the stream channel is identified as waters of the Commonwealth or wetlands. 12. On approximately April 16, 2011, without notice to the Plaintiff, Defendant added a rock and stone berm across the stream channel, upstream of the Defendants' property, in the area of the two 48-inch diameter drainage pipes. 13. The effect of adding the stone to the stream channel above the two 48-inch diameter drainage pipes resulted in a damming of the Cedar Run. 14. Upon information and belief, Defendant failed to obtain environmental studies to identify the effect of adding paving and a stone berm to the stream channel. 15. Upon information and belief, Defendant failed to obtain proper permitting from state and local authorities for the addition of stone to the stream channel. 16. On approximately April 28, 2011, following a rainstorm, the Plaintiffs property was flooded as a result of the damming undertaken by Defendant and resulting blockage of the Cedar Run stream channel. 17. As a result of this flooding, the Plaintiff suffered extensive property damage, including but not limited to: (a) labor and expense of clean up; (b) destruction of vehicles; (c) destruction of office equipment; (d) destruction of packaging; (e) destruction of ingredients; (f) lost revenue from missed production. 18. Plaintiff has suffered great financial expense for which damages are claimed. CountI Negligence 19. The aforesaid incident and resulting property damage was a direct and proximate result of the negligence, carelessness and recklessness of the Defendant which consisted of the following: (a) Defendant knew or should have known that the damming of the Cedar Run stream channel would result in a hazardous accumulation of storm water, resulting in property damage to adjoining landowners. (b) Defendant knew or should have known that the above condition posed an unreasonable risk of property damage, and/or personal injury to the surrounding properties, including the Plaintiffs property. (c) The Defendant, having control and possession of its stormwater management system,was responsible for its management and supervision and knew or should have known that the conditions and circumstances of making alterations to the water flow of the Cedar Run created a dangerous and hazardous condition, as hereinbefore described. (d) Defendant failed to exercise reasonable care to protect Plaintiff and others with respect to the alterations made to the designated water flow of the Cedar Run. (e) Defendant failed to exercise reasonable care to protect Plaintiff and others with respect to the damming of the Cedar Run in that Defendant: (i) Violated Lower Allen Township ordinances in its modification of the Cedar Run; (ii) Violated the Storm Water Management Act, including, but not limited to Section 680.13; (iii) Violated the Dam Safety and Encroachments Act, including, but not limited to Section 693.18; (iv) Failed to inform the Lower Allen Township that modification of the drainage and flow of the Cedar Run was taking place; (v) Failed to provide notice to property owners on the Cedar Run that modifications to the drainage and flow of the Cedar Run were taking place; (vi) Failed to provide warnings and/or specifically warn Plaintiff of the risk of flooding due to the Defendant's modifications of the Cedar Run. (vii) Failed to take action to otherwise safeguard or prevent damage to adjoining property owners caused by the damming of Cedar Run; (viii) Such other negligence as maybe revealed during discovery. 20. The aforesaid incident was caused solely and exclusively by the wrongful and liability-producing conduct of the Defendant as set forth above and is in no manner whatsoever by any act or failure to act on the part of Plaintiff. 21. As a direct result of the incident and Defendant's negligence, carelessness and recklessness set forth above, the Plaintiff has suffered extensive property loss and damage. 19. The Plaintiff seeks compensation for its property loss and damage as a result of the Defendant's negligence, carelessness and recklessness. WHEREFORE, Plaintiff Dairy Farmers of America, Inc. request compensation from Defendant Bortek Industries, Inc. in an amount in excess of $50,000.00, exclusive of interest and costs of this litigation. Respectfully Submitted, DICKIE, MCCAMEY& CHILCOTE, P.C. Date: June 24, 2013 By: Charles E. Haddick, Jr., Esquire Attorney I.D. No. 55666 Christine L. Line, Esquire Attorney I.D. No. 93257 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Plaintiff, Dairy Farmers ofAmerica, Inc. 1718265.doc VERIFICATION I, Charles E. Haddick, Jr., Esquire, hereby state that I am an attorney for Dairy Farmers of America, Inc. in this action and verify that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: June 24, 2013 By: Christine L. Line, Esquire Attorney I.D. No. 93257 Charles E. Haddick, Jr., Esquire Attorney I.D. No. 55666 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, Dairy Farmers of America, Inc. CERTIFICATE OF SERVICE AND NOW, June 24, 2013, I, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing AMENDED COMPLAINT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Wayne Pecht, Esquire 1205 Manor Dr. Mechanicsburg, PA 17055 (Counsel for Bortek) Vhaffes E. Haddick, Jr., Esquire 1718308.doc DICKIE,MCCAMEY&CHILCOTE,P.C. BY: Charles E.Haddick,Jr.,Esquire ATTORNEY FOR: PLAINTIFF ATTORNEY I.D.NO. 55666 DAIRY FARMERS OF AMERICA,INC. BY: Christine L.Line,Esquire ATTORNEY I.D.NO.93257 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800 (Tele) 888-811-7144 Fax DAIRY FARMERS OF AMERICA, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 13-2019-CIVIL TERM V. CIVIL ACTION - LAW BORTEK INDUSTRIES, INC., Defendant. JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification to the Plaintiff's Amended Complaint in the above-captioned matter. cz CD CD.fir C Respectfully submitted, DICKIE,MCCAMEY&CHILCOTE,P.C. Date: June 24, 2013 y: Charles E. Haddick,Jr., Esquire Attorney I.D. No. 55666 Christine L. Line, Esquire Attorney I.D. No. 93257 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011-2223 717-731-4800 Attorney for Defendants, Dairy Farmers of America, Inc. 2 CERTIFICATE OF SERVICE AND NOW, June 24, 2013, 1, Charles E. Haddick, Jr., Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE TO SUBSTITUTE VERIFICATION upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid,at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Wayne Pecht, Esquire 1205 Manor Dr. Mechanicsburg, PA 17055 (Counsel for Bortek) 0—harpjlt'sE*di , Esquire VERIFICATION TO AMENDED COMPLAINT I,Jim Hopwood, of Dairy Farmers of America, Inc., have read the foregoing Amended Complaint dated June 24, 2013 (Dairy Farmers of America, Inc. vs. Bortek Industries, Inc.). The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Dairy Farmers of America,Inc., r ' 6 g4�1 me Hopwood DATED Z t- Pecht &Associates, P.C. CL '0 Wayne M. Pecht, Esquire PAID No.: 38904 {6 AM 1I. Q l Rob Bleecher, Esquire PAID No.: 32594 C 1I BER L C COUNTY 650 North Twelfth Street, Suite 100 PEINs YLVANIA Lemoyne, PA 17043 Telephone: 717-691-9808 Facsimile: 717-695-6550 E-mail: wpecht@pechtlaw.com Attorneys for Defendant DAIRY FARMERS OF AMERICA, INC., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. No.: 13-2019-CIVIL TERM BORTEK INDUSTRIES, INC., CIVIL ACTION- LAW Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Dairy Farmers of America,Inc. c/o Dickie, McCamey&Chilcote,.P.C. Charles E. Haddick,Jr.,Esquire Christine L. Line, Esquire Plaza 21, Suite 302 425 North 215t Street Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED to file a written response to the within Preliminary Objections to Plaintiff's Amended Complaint within twenty(20)days from service hereof or a judgment may be entered against you. Respectfully submitted, PE HT A O S July 15, 2013 Wayne M. Pecht, Esquire PA I.D No. 38904 Rob Bleecher,Esquire PA ID NO 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 717- 691-9808 Telephone 717-695-6550 Facsimile Pecht &Associates, P.C. Wayne M. Pecht, Esquire PA ID No.: 38904 'Rob Bleecher, Esquire PAID No.: 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Telephone: 717-691-9808 Facsimile: 717-695-6550 wpecht@r)echtlaw.com rbleecher @pechtlaw.com Attorneys for Defendant DAIRY FARMERS OF AMERICA,INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. No.: 13-2019-CIVIL TERM BORTEK INDUSTRIES,INC., CIVIL ACTION-LAW Defendant JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT NOW COMES the Defendant, by its attorneys, Pecht & Associates, P.C., and makes the following Preliminary Objections to Plaintiff's Amended Complaint. DEMURRER — Pa. R. Civ. P. 1028(a)(3) and (a)(4) 1. Plaintiff does not allege what duty Defendant owed to Plaintiff, nor the source of that alleged duty. FAILURE TO JOIN NECESSARY PARTY— Pa. R. Civ. P. 1028(a)(5) 2. Plaintiff has not joined as defendants property owners between Defendant's property and Plaintiff's property, who are as likely to have contributed to or caused Plaintiff's alleged damages as is Defendant. 3. Plaintiff has not joined as a Defendant the Township of Lower Allen, even though Plaintiff alleges that the township had supervisory or regulatory authority over Cedar Run (the stream that runs between Plaintiffs property and Defendant's property). 4. Plaintiff has failed to join property owners to the east of and downstream of Defendant's property, who are as likely to have contributed to or caused Plaintiffs alleged damages as is Defendant. 5. Plaintiff has failed to join the entity or entities that designed and built its water retention basin. Plaintiffs system of water retention failed to properly retain water and dumped more water into Cedar Run than the stream could. possibly handle thus causing the backup of water all along the stream and causing the flooding of which Plaintiff complains. 6. Without the joinder of these parties, resolution of this matter is not possible. INSUFFICIENT SPECIFICITY IN A PLEADING - Pa. R. Civ. P. 1028(a)(3) 7. Plaintiffs' Complaint fails to state which sections of the Lower Allen Township Ordinance the Plaintiff alleges Defendant violated. Such a pleading does not give Defendant adequate information as to which law or ordinance is alleged to have been violated in order to permit Defendant to defend itself and respond adequately to the Complaint. 8. Plaintiffs Complaint fails to specify how Defendant violated the Storm Water Management Act. Such an allegation does not give Defendant adequate 2 information as to which law is alleged to have been violated or how it was violated in order to permit Defendant to defend itself and respond adequately to the Complaint. 9. Plaintiff's Complaint fails to state how Defendant violated the Dam Safety and Encroachments Acts. Such an allegation does not give Defendant adequate information as to which law is alleged to have been violated or how it was violated in order to permit Defendant to defend itself and respond adequately to the Complaint. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Amended Complaint and to enter judgment in favor of Defendant. Respectfully submitted, PECHT & ASSOCIATES, P.C. July 15, 2013 By: Wayne M. Pecht, Esquire PAID No.: 38904 Rob Bleecher, Esquire PAID No.: 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Telephone: 717-691-9808 Facsimile: 717-695-6550 wpecht @pechtlaw.com reeecher@pechtlaw.com Attorneys for Defendant 3 CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, do hereby certify that on this the 15 day of July 2013, I served the foregoing Preliminary Objections to Plaintiff's Amended Complaint by US First Class Mail, postage prepaid, addressed as follows: Charles E. Haddick, Jr., Esquire Christine L. Line, Esquire Dickie, McCamey, & Chilcote, P.C. Plaza 21, Suite 302 425 North 21St Street Camp Hill, PA 17011 July 15, 2013 Wayne A Pecht PA ID No.: 38904 Pecht&Associates, PC 650 North Twelfth Street Suite 100 Lemoyne, PA 17043 (717) 691-9808 1746385.doc DICKIE,MCCAMEY&CHILCOTE,P.C. BY:Charles E.Haddick,Jr.,Esquire ATTORNEY FOR: PLAINTIFF ATTORNEY I.D.NO. 55666 DAIRY FARMERS OF AMERICA,INC. BY:Christine L.Line,Esquire ATTORNEY I.D.NO.93257 Plaza 21,Suite 302 425 North 21st Street Camp Hill,PA 17011 717-731-4800(Tele) 888-811-7144 Fax DAIRY FARMERS OF AMERICA, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 13-2019-CIVIL TERM V. C: CIVIL ACTION - LAW BORTEK INDUSTRIES, INC., : C-rT c.)Z:1 Defendant. JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT TO THE PROTHONOTARY: AND NOW,August 5, 2013, comes Defendant, Dairy Farmers of America, Inc.,by and through their counsel, Dickie, McCamey & Chilcote, P.C. and files the within PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS as follows: 1. Denied. 2. Admitted in part, denied in part. It is admitted that Plaintiff has not joined property owners between it and the Defendant. It is specifically denied that those property owners were likely to have contributed to or caused the Plaintiffs alleged damages. It is further specifically denied that the property owners between Defendant's property and Plaintiffs property are necessary parties to this action. 3. Admitted in part, denied in part. It is admitted that Plaintiff has not joined the Lower Allen Township. It is specifically denied that the township is a necessary party to this action. 4. Admitted in part, denied in part. It is admitted that Plaintiff has not joined property owners east of and downstream of Defendant's property. It is specifically denied that those property owners were likely to have contributed to or caused the Plaintiffs alleged damages. It is further specifically denied that the property owners east of and downstream are necessary parties to this action. S. Denied. This paragraph sets forth legal conclusions to which no response is required. To the extent the allegations are deemed to be factual, Plaintiff denies those allegations specifically. 6. Denied. All necessary parties to this action have been joined. 7. Denied. The Complaint speaks for itself. 8. Denied. The Complaint speaks for itself. 9. Denied. The Complaint speaks for itself. WHEREFORE, Answering Plaintiff, Dairy Farmers of America, Inc. respectfully requests that this Honorable Court deny Defendant's Preliminary Objections and order Defendant to file an Answer to Plaintiffs Complaint within twenty (20) days. 2 Respectfully Submitted, DICKIE, MCCAMEY& CHILCOTE, P.C. Date: August S. 2013 By: Charles E. Haddick,Jr., Esquire Attorney I.D. No. 55666 Christine L. Line, Esquire Attorney I.D. No. 93257 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA .17011-2223 717-731-4800 Attorney for Plaintiff, Dairy Farmers ofAmerica, Inc. 3 • o VERIFICATION I, Jim Hopwood, of Dairy Farmers of America, Inc., have read the foregoing Response of Dairy Farmers of America, Inc. to Defendant's Preliminary Objections to Plaintiff's Complaint. The statements therein are correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Dairy Farmers of America,Inc. m Hopwood Vice President—Contract Manufacturing i , i i t t , A CERTIFICATE OF SERVICE AND NOW, August 5, 2013, I, Christine L. Line, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Wayne Pecht, Esquire 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 (Counsel for Bortek) Christine L. Line, Esquire COM PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) DAIRY FARMERS OF AMERICA, INC., vs. BORTEK INDUSTRIES, INC., No. 13-2019-CIVIL TERM 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiff's Complaint i± 2. Identify all counsel who will argue cases: = (a) for plaintiffs: '..r %'rte— N - t Christine L. Line, Esquire .:t.x'. cx' '='' ', Dickie, McCamey& Chilcote, P.0 Plaza 21, Suite 302 p r� 425 North 21st Street = W Camp Hill, PA 17011-2223 t (b) for defendants: Wayne Pecht, Esquire 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 20 20 111160.1r,/ "7/11# f • re Christine L. Line, Esquire Print your name Attorney for Plaintiff Date: /4 -8B---/S INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted. gifr-,Pq1L-t`u) DAIRY FARMERS OF AMERICA, INC. IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BORTEK INDUSTRIES, INC. 13-2019 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, P.J., EBERT, J. AND PLACEY, J. ORDER OF COURT AND NOW, this 16th day of January, 2014, upon consideration of the Defendant's Preliminary Objections, the Plaintiff's Response thereto, the briefs filed by the parties and after oral argument, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Preliminary Objections are hereby OVERRULED. By the Court, M. L. Ebert, Jr., J. Charles E. Haddick Jr. Esquire A orney for Plaintiff q; "C- Wayne M. Pecht, Esquire ? Attorney for Defendant bas 4 ' ` '