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HomeMy WebLinkAbout04-5889NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHI E. SNELL 313 7TH STREET NEW CUMBERLAND, PA 17070 Plaintiff(s) V. LSP PRODUCTS GROUP, INC. d/b/a AQUA-FLOW 2727 CHEMSEARCH BLVD IVING, TX 75062 Defendant(s) ATTORNEYS FOR PLAINTIFFS COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: o ?/' q ARBITRATION MATTER NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an 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 or any other claim or relief requested by the plaintiff. You may lose money or property 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)-249-3166 (800)-990-9108 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHI E. SNELL 313 7TH STREET NEW CUMBERLAND, PA 17070 Plaintiff(s) V. LSP PRODUCTS GROUP, INC. d/b/a AQUA-FLOW 2727 CHEMSEARCH BLVD IRVING, TX 75062 Defendant(s) COMPLAINT ATTORNEYS FOR PLAINTIFFS COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO: ARBITRATION MATTER Plaintiff, by and through undersigned counsel and by way of Complaint against Defendant, hereby avers: 1. Plaintiff is an adult individual who, at all times relevant hereto, resided at the home located at the address in the caption above (hereinafter "the premises") 2. Defendant is, upon information and belief, a corporation organized and existing under the laws of a foreign state, with a principal place of business located at the address in the caption above, which regularly conducts business in the Commonwealth of Pennsylvania, County of Cumberland. It is a business, which sells, inter alia, water supply lines, and which did sell the water supply line at issue in this case (hereinafter "the supply line"). 3. The intended purpose of the supply line was to simply transport water in a safe manner, without leakage. 4. The supply line, in conformity with its intended purpose, was used to transport water to a sink in Plaintiff's bathroom. Doc #: 80053.doc 5. On or about January 8, 2003, the supply line, while being used as intended, burst, thereby allowing for water to flood the premises and cause damages thereto in the amount of $22,000.00. COUNT I - STRICT LIABILITY 6. Plaintiffs incorporate herein by reference the above paragraphs as though the same were fully set forth at length. 7. Defendant is engaged, and at all times relevant hereto was engaged, in the business of selling, inter alia, supply lines, and, specifically, selling the supply line at issue in this case. 8. The aforementioned loss was caused by an unreasonably dangerous and defective supply line, unsafe for its intended purpose of simply transporting water; said loss occurring in the absence of abnormal use or reasonable secondary causes. 9. As a direct and proximate result of the aforementioned defective product manufactured and sold by Defendant, Plaintiff sustained and incurred damages as set forth above. 10. For these reasons, Defendant is strictly liable to Plaintiffs for the damages under the Restatement (second) of Torts and the applicable case law of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in the amount of $22,000.00, plus interest, delay damages and such other relief as the Court deems appropriate under the circumstances. NELSON LEVINE DELUCA & HORST, LLC RICHARD J B&D JR, ESQL&E Q ATTORNEYS FOR PLAINTIFFS Dated: November 16, 2004 VERIFICATION RICHARD J. BOYD, JR. hereby states that he is the attorney for the Plaintiff and that the facts contained in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. He understands that the statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 concerning falsification to authorities. RICHARD J. BOYD, J? Dated: November 16, 2004 ar x ? Z;q I U ? w 0?1> NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHI E. SNELL Plaintiff(s) V. LSP PRODUCTS GROUP, INC. D/B/A AQUA-FLOW Defendant(s) ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY ARBITRATION MATTER CIVIL ACTION NO: 04-5889 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the verification provided herein with that attached to the Complaint. NELSON LEVINE de LUCA & HORST, LLC RICHARD J. BOYD, JR., ESQ?O ATTORNEYS FOR PLAINTIFF Dated: December 3, 2004 VERIFICATION Francis Guillemette hereby states that he is a duly authorized representative of Erie Insurance Group, the real party in interest, and that the facts contained in the foregoing Complaint are true and correct to the best of his knowledge, information and belief He understands that the statements herein are made subject to th,,- penalties of 18 Pa. C.S. § 4904 concerning falsification to authorities. Francis Guillemette DATED: I f 17 7 (o HARRISBURG NOY 2 2 2004 11 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHI E. SNELL Plaintiff(s) V. LSP PRODUCTS GROUP, INC. DB/A AQUA-FLOW Defendant(s). ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY ARBITRATION MATTER CIVIL ACTION NO: 04-5889 CERTIFICATE OF SERVICE I, Richard J. Boyd, Jr., Esquire, hereby certify that a true and correct copy of the Praecipe to Substitute Verification was served on December 3, 2004, to those listed below by United States Mail, postage prepaid. LSP Products Group, Inc. d/b/a Aqua-Flow 2727 Chemsearch Blvd Irving, TX 75062 NELSON LEVINE de LUCA & HORST, LLC 1BY:_ A Dated: December 3, 2004 CHARD J. BO Y , JR., ESQUtkE TTORNEYS FOR PLAINTIFF 2 *°', ? ??o ? .? ? -\ .. , ,. 7 ?r,t ?+J l -? 5.., ? i 1 '1 .") ? :-j`- ?? `,??? ? _ ` ..r,. ,.. ` y:' i ? ? .?, L,.. NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHI E. SNELL Plaintiff(s) V. LSP PRODUCTS GROUP, INC. DB/A AQUA-FLOW Defendant(s) ATTORNEYS FOR PLAINTIFF COURX OF COMMON PLEAS CUMBERLAND COUNTY ARBITRATION MATTER CIVIL ACTION NO: 04-5889 AFFIDAVIT OF SERVICE I, RICHARD J. BOYD, JR., affirm that I served a Complaint upon Defendant, LSP PRODUCTS GROUP, INC. d/b/a AQUA-FLOW by depositing a true copy thereof enclosed in a postage-paid envelope, in an official depositor under the exclusive care and custody of the U.S. Postal Service employing Certified Mail on December 3, 2004. A copy of the cover letter and a copy of the Return Receipt, PS Form 3811 documenting service of the Complaint are attached hereto as Exhibit A. NELSON LEVINE de LUCA & HORST, LLC BY: 2, RICHARD J. BOYD,-R., ESQUIRE ATTORNEYS FOR PLAINTIFF Dated: December 14, 2004 EXHIBIT "A" N N C C m •O Q V w O L M m 0 A+ Ln (jam 3 a ? IT .0 E Xn ^m '` `° L v % a«? U ?2 Q' 7, t. m v l_I d. ? ?t] C? C3 N r. Q a R r o o - m m m HT w H O W as > o m l - o o C?1 N ? ? lkv( - ?um o Q ? C3 Q Y d ry a a ? H ro E'R' `° o m o E U •N w T m Ca.+ ri yv c O « ? lrl N Q vi m- Z :P C * € O .S- O M'rI . ' I) 0 O U ul C L C 4). 0 L.2 r-I w c c CO m Ca - N 0) Cn rM4 (G .pm N0a E.?.. (d 2 Q O .O C r Gs (0 N O U (d U1 C m G ID N v C? ++ v m a ? v O ? E O' N E"'? _ Z h ' o ma: - a,M .. ?+ U E ?QE i=o3?Y v a v 0 c'a z ¢ rtl \ 1` ? IF z :o E c r Ica o S? cv u N U ( (1) dr kN H dr y a r I d E 13 m U i E 0 0 O N l6 2 N LL co M o` LL U) a c N L NELSON • LEVINE • de LUCA & HORST LIMITED LIABILITY COMPANY d H ATTORNEYS AT LAW Four Sentry Parkway Suite 300 Blue Bell, PA 19422 Phone: 610.862.6500 Fax: 610.862.6501 PHILADELPHIA PRINCETON COLUMBUS December 3, 2004 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED NO. 7004 1160 0000 97561586 LSP Products Group, Inc. d/b/a Aqua-Flo 2727 Chemsearch Blvd. Irving, TX 75062 Re: Snell v LSP Products Group CCP Cumberland County No.: 04-5889 Dear Sir or Madam: www.nldhlaw.com Reply to: Richard J. Boyd, Jr. Direct: 610.862.6522 rboyd@nldhlaw.com Enclosed please find a Civil Action Complaint filed against your company. Kindly respond accordingly. Very truly yours, NELSON LEVINE de LUCA & HORST, LLC 4 Richard J. Boyd, Jr. RJB/bjp Enclosure NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHI E. SNELL Plaintiff(s) V. LSP PRODUCTS GROUP, INC. D/B/A AQUA-FLOW Defendant(s). ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY ARBITRATION MATTER CIVIL ACTION NO: 04-5889 CERTIFICATE OF SERVICE I, Richard J. Boyd, Jr., Esquire, hereby certify that a true and correct copy of the Affidavit of service was served on December 14, 2004, upon counsel listed below by United States Mail, postage prepaid. LSP Products Group, Inc. d/b/a Aqua-Flow 2727 Chemsearch Blvd. Irving, TX 75062 Dated: December 14, 2004 NELSON LEVINE de LUCA & HORST, LLC 7 ? BY: ICHARD J. BO X6, JR., ESQtIRt ATTORNEYS FOR PLAINTIFF 2 -.- is ' i_s? IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KATHI E. SNELL, Plaintiff, V. LSP PRODUCTS GROUP, INC. d/b/a AQUA-FLOW, Defendant. CIVIL ACTION NO.: 04-5889 ARBITRATION MATTER ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, LSP Products Group, Inc., in the above-captioned matter. Respectfully submitted, BLACK AND DAVISON BY: Elliott B. Sulcove Attorney I.D. No. 84593 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201 (717) 264-5194 Of Counsel: POLSINELLI SIIALTON WELTE SUELTHAUS PC Jennifer J. Chapin (CIO #50554) 700 West 47'11 Street, Suite 1000 Kansas City, Missouri 64112 (816) 753-1000 Fax No. (816) 753-1536 ATTORNEYS FOR. DEFENDANT LSP PRODUCTS GROUP CERTIFICATE OF SERVICE I, Elliott B. Sulcove, hereby certify that I served a copy of the foregoing Entry of Appearance on February 16, 2005, via regular mail, postage prepaid, on counsel of record as follows: Richard I Boyd, Jr. Nelson Levine de Luca &: Horst, LLC Four Sentry Parkway, Suite 300 Blue Bell, PA 19422 BLACK AND DAVISON Elliott B. Sulcove 7. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KATHI E. SNELL, Plaintiff, CIVIL ACTION NO.: 04-5889 V. ARBITRATION MATTER LSP PRODUCTS GROUP, INC. d/b/a AQUA-FLOW, Defendant. NOTICE TO PLEAD TO: Plaintiff, Kathi E. Snell and her attorney, Richard J. Boyd, Jr., Esquire: You are hereby notified to file a written response to the enclosed Answer with New Matter of Defendant LSP Products Group, Inc. to Plaintiffs Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, BLACK AND DAVISON BY: Elliott B. Sulcove Attorney I.D. No. 84593 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201 (717) 264-5 194 Attorney for Defendant, LSP Products Group, Inc. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KATHI E. SNELL, Plaintiff, V. LSP PRODUCTS GROUP, INC. d/b/a AQUA-FLOW, Defendant. CIVIL ACTION NO.: 04-5889 ARBITRATION MATTER ANSWER WITH NEW MATTER OF DEFENDANT LSP PRODUCTS GROUP, INC. Defendant, LSP Products Group, Inc., d/b/a Aqua-Flow ("LSP"), by and through its undersigned counsel, responds to Plaintiff Kathi E. Snelll's ("Plaintiff') Complaint as follows: LSP is without sufficient knowledge, information or belief as to the truth of the allegations contained in Paragraph 1 of the Complaint and therefore denies same. 2. LSP admits that it is a corporation organized and existing under the laws of a state other than Pennsylvania with its principal place of business in Nevada. LSP is without sufficient knowledge, information or belief as to the truth of the remainder of the allegations contained in Paragraph 2 of the Complaint and therefore denies same. 3. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. a029(e). To the extent that his paragraph contains plaintiff's beliefs as to the alleged purpose and/or nature of the supply line, LSP is without sufficient knowledge, information or belief as to the truth of these allegations and 1 therefore denies same. To the extent that this paragraph contains conclusions of law, no responsive pleading is required. 4. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph refers to plaintiffs use of the supply line, LSP is without sufficient knowledge, information or belief as to the truth of these allegations and therefore denies same. To the extent that this paragraph contains conclusions of law, no responsive pleading is required. 5. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph refers to harm or damages allegedly suffered by the plaintiff, LSP is without sufficient knowledge, information or belief as to the truth of these allegations and therefore denies same. COUNT I - STRICT LIABILITY 6. LSP incorporates by reference herein its responses to Paragraphs 1-5 as if fully set forth herein. 7. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph contains allegations regarding the specific supply line in the instant matter, LSP is without sufficient knowledge, information or belief as to the truth of these allegations and therefore denies same. 8. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions of law, no responsive pleading is required. 2 9. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions of law, no responsive pleading is required. 10. To the extent that this paragraph contains factual allegations, such allegations are denied and deemed at issue pursuant to Pa. R. Civ. P. 1029(e). To the extent that this paragraph contains conclusions of law, no responsive pleading is required. WHEREFORE, defendant LSP Products Group, Inc. respectfully requests that this Court enter judgment in its favor and against plaintiff, dismiss plaintiff's Complaint with prejudice, and award defendant such other relief as the Court deems equitable and just. NEW MATTER 1. Plaintiffs Complaint fails, in whole or in part, to state a claim upon which relief may be granted. 2. Plaintiff has not incurred any damages for which LSP may be lawfully held responsible. 3. The damages alleged in Plaintiff's Complaint were the result of a superseding and/or independent intervening cause and cannot provide the basis for any recovery against LSP. 4. The damages as alleged in Plaintiffs Complaint were caused by the alteration and modification of the product by a person or entity other than LSP and cannot provide the basis for any recovery from LSP. 5. The damages as alleged in Plaintiff's Complaint were caused by the unforeseeable misuse of the product and cannot provide the basis for recovery from LSP. 3 6. Plaintiff's claims against LSP are barred, in whole or in part, by the applicable statute of limitations and/or statute of repose. 7. Plaintiff's recovery is barred and/or should be reduced because of Plaintiff's contributory negligence, comparative fault, and/or assumption of the risk. 8. Plaintiffs damages were caused in whole or in part by the acts of others for whom LSP is not responsible, and as a result, Plaintiffs claim should be barred or proportionally reduced by the fault of others. 4 WHEREFORE, defendant LSP Products Group, Inc. respectfully requests that this Court enter judgment in its favor and against plaintiff, dismiss plaintiff's Complaint with prejudice, and award defendant such other relief as the Court deems equitable and just. Respectfully submitted, BLACK AND DAVISON BY: Elliott B. Sulcove Attorney I.D. No. 84593 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201 (717) 264-5194 Of Counsel: POLSINELLI SIRALTON WELTE SUELTHAUS PC Jennifer J. Chapin (MO #50554) 700 West 47a' Street, Suite 1000 Kansas City, Missouri 64112 (816) 753-1000 Fax No. (816) 753-1536 ATTORNEYS FOR DEFENDANT LSP PRODUCTS GROUP VERIFICATION JENNIFER J. CHAPIN hereby states that she is an attorney for Defendant LSP Products Group, Inc. and that the facts contained in the foregoing Answer and Affirmative Defenses are true and correct to the best of her knowledge, information and belief. She understands that the statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 concerning falsification to authorities. (? " ?? C&?- Je er J. Chapin February 15, 2005 CERTIFICATE OF SERVICE I, Elliott B. Sulcove, hereby certify that I served a copy of the foregoing Answer with New Matter of Defendant LSP Products Group, Inc. to Plaintiffs Complaint on February 16. 2005, via regular mail, postage prepaid, on counsel of record as follows: Richard J. Boyd, Jr. Nelson Levine de Luca & Horst, LLC Four Sentry Parkway, Suite 300 Blue Bell, PA 19422 BLACK AND DAVISON Elliott B. Sulcove 030668/067820 JJCHA 1169321 6 `?`., NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHIE.SNELL Plaintiff(s) V. LSP PRODUCTS GROUP, INC. D/B/A AQUA-FLOW Defendant(s) ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY ARBITRATION MATTER CIVIL ACTION NO: 04-5889 ANSWER OF PLAINTIFF TO THE NEW MATTER OF DEFENDANT 1-8. Denied. These allegations all contain conclusions of law to which no responsive pleading is required. By way of further response, to the extent that these allegations also contain factual averments, after reasonable investigation, answering Plaintiff is without knowledge sufficient to form a belief as to their truth and, therefore, they are deemed denied. NELSON LEVINE de LUCA & HORST, LLC 17 BY: RICHARD J. BOY'D, JR., ESQUIRE ATTORNEYS FOR PLAINTIFF Dated: February 28, 2005 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHIE.SNELL Plaintiff(s) V. LSP PRODUCTS GROUP, INC. D/B/A AQUA-FLOW Defendant(s). ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY ARBITRATION MATTER CIVIL ACTION NO: 04-5889 CERTIFICATE OF SERVICE 1, Richard J. Boyd, Jr., Esquire, hereby certify that a true and correct copy of the Answer of Plaintiff To The New Matter of Defendant was served on February 28, 2005, upon those listed below by United States Mail, postage prepaid. LSP Products Group, Inc. d/b/a Aqua-Flo 2727 Chemsearch Blvd. Irving, TX 75062 NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, Jt2., ESQUI ATTORNEYS FOR PLAINTIFF Dated: February 28, 2005 2 _ E' r? s ^ a :1 rv?. _ c cr, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KATHI E. SNELL, ) Plaintiff, ) V. ) LSP PRODUCTS GROUP, INC. ) d/b/a AQUA-FLOW, ) Defendant. TO THE PROTHONOTARY: Kindly substitute the attached original verification of defendant verification attached to the Answer and New Matter of defendant LSP F referenced matter. Respectfully submitted, BY: CIVH. ACTION NO.: 04-5889 MATTER BLACK AND DAVISON Elliott B. Sulcove Attorney I.D. No. 84593 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201 (717) 264-5194 Of Counsel: POLSINELLI SHALTON WE Jennifer J. Chapin (MO #50554) 700 West 47"' Street, Suite 1000 Kansas City, Missouri 641 12 (816) 753-1000 Fax No. (816) 753-1536 Products Group, Inc. for the ;ts Group, Inc. in the above- .TE SUELTHAUS PC ATTORNEYS FOR DEFF LSP PRODUCTS GROUP VERIFICATION David Miloslavich hereby states that he is Director of Engineering for Defendant LSP I Products Group, Inc. and that the facts contained in the foregoing Answck with New Matter are true and correct to the best of his knowledge, information and belief. He understands that the statements herein are made subject to the penalties of 18 Pa. C. S. Se?tion 4904 concerning falsification to authorities. David Miloslavich March 8, 2005 CERTIFICATE OF SERVICE I, Elliott B. Sulcove, hereby certify that 1 served a copy of the foregoing Praecipe to Substitute Verification on March 31. 2005, via regular mail, postage prepaid, on counsel of record as follows: Richard J. Boyd, Jr. Nelson Levine de Luca & Horst, LLC Four Sentry Parkway, Suite 300 Blue Bell, PA 19422 BLACK AND DAMSON ---? Elliott B. Sulcove ? ? Si d i NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHI E. SNELL Plaintiff(s) V. LSP PRODUCTS GROUP, INC. DB/A AQUA-FLOW Defendant(s) ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY ARBITRATION MATTER CIVIL ACTION NO: 04-5889 ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended. NELSON LEVINE de LUCA & HORST, LLC BY: RICOAD J. BOYD, J ., E UIRE ATTORNEYS FOR PLAINTIFF Dated: November 6, 2008 ??" '?„ ? ., ?? ?? NELSON LEVINE de LUCA & HORST, LLC BY: RICHARD J. BOYD, JR., ESQUIRE IDENTIFICATION NO.: 84035 FOUR SENTRY PARKWAY, SUITE 300 BLUE BELL, PA 19422 (610) 862-6522 KATHI E. SNELL Plaintiff(s) V. LSP PRODUCTS GROUP, INC. D/B/A AQUA-FLOW Defendant(s). ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY ARBITRATION MATTER CIVIL ACTION NO: 04-5889 CERTIFICATE OF SERVICE I, Richard J. Boyd, Jr., Esquire, hereby certify that a true and correct copy of the Settel, Discontinue and End was served on November 6, 2008, upon those listed below by United States Mail, postage prepaid. Elliott B. Sulcove, Esquire Black and Davidson 82 West Queen Street P.O. Box 513 Chambersburg, PA 17201-0513 NELSON LEVINE de LUCA & HORST, LLC BY: ? 1),Z,4 RICH J. BOYD, JR., ESQUIRE ATTORNEYS FOR PLAINTIFF Dated: November 6, 2008 co ' ' ' L f"" • ice ? !4' r'? ?. i T W Curtis R. Long Prothonotary office of the Protbonotarp Curnberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0 y - S88? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) ')An 4C-7')