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Home My WebLink About05-2301 "' o~ - ..l30{ . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MICHAEL BONK, Plaintiff, v, CIVIL DIVISION No, GD-04-027988 GEORGE D, BOYER & SONS, INC., Defendant, CONSENT ORDER Filed on Behalf of Defendant: GEORC;E D. BOYER & SONS, INC. Counsel of Record for this Party: WILLIAM C. GALLISHEN 1)A 1.D, No, 39349 BASHLINE & HUTTON Suit 3500 One Oliver Plaza 210 Sixth Avenue Pittsburgh, P A 15222 (412) 434,0201 Firm 1.D, No,: 150 JURY TRIAL DEMANDED n ~\\'<:j _,..i:j:\ \ \ .:,:', ,~,,\,_. ,.'\ r. ,'. " . ~\\\\'- C\\w ~\\ / 1J't,'iS\\\'> \ \l .S::; ,::l '} CI'u,'L I f.a...~ 'I ,} 1IIImll~m.lmll GD-04 -027988.0RDER.7 , .. . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA MICHAEL BONK, CIVII,DIVISION Plaintiff, No, GD-04-027988 v, GEORGE D, BOYER & SONS, INC, Defendant, STIPULATION TO CONSENT ORDER The counsel for parties involved in this action have agreed that Allegheny County is ot the appropriate venue, but rather that venue would be proper in Cumberland County, Pennsy vania, The parties therefore respectfully consent to the change of venue to Cumberland C unty, Pennsylvania, 7~_-r~ --'1'-/ . /.6((;_ /' ~c.-- I. ,_" Brian Kadlubek, Esquire Attorney for Plaintiff William)?;::..Gallishen, Esquire Attorney for Defendant . . ( . - IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYL VANIA MICHAEL BONK, CIVIL DIVISION Plaintiff, No, GD-04-027988 v, GEORGE D, BOYER & SONS, INC., Defendant, A/f ORD~ AND NOW, this day of~5, upon consideration of the stipulation f the parties concerning venue, it is hereby ORDERED that venue in this matter is changed from Allegheny County to Cumberland County, The Prothonotary of Allegheny County shall ta e the necessary steps to forward its f1le to the Cumberland County Proth I J. - . ,- . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLV NIA MICHAEL BONK, vs. Plaintiff, 'i. 1 '-'! ~ GEORGE D. BOYER & SONS, INC. I' r.~~ iT; ~?; (:, ~.;; ; , .;$- ~.l:l .~. 'f ~-f. f~:' ':i~ .~. ~~. ~:-.' co c_.' ", '^' " Defendants. CIVIL DIVISION G.D. No. 0(( - ?1 ,I} 9 J6- Code: 003 PRAECIPE FOR WRI OF SUMMONS FILED ON BEHALF OF: Michael Bonk, Plaintiff COUNSEL OF RECORD OR THIS PARTY: Brian T. Kadlubek, Esqu re PA LD. #68177 GILARDI, COOPER & L MUPO Firm #157 The Benedum Trees Bui ding 223 Fourth Avenue, 10th Floor Pittsburgh, PA 15222 412-391-9770 -. -..... 111111I11111 U " ~ .- . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVA IA CIVIL DIVISION MICHAEL BONK, Plaintiff, vs. GEORGE D. BOYER & SONS, INC., Defendant. ] ] ] ] ] ] ] ] ] G.D. No. PRAECIPE FOR WRIT OF SUMMONS TO: PROTHONOTARY Kindly issue a Writ of Summons in the above-captioned case in excess of T enty- Five Thousand ($25,000.00) Dollars. GILARDI, COOPER & LOMUPO - --j ,/ ~--- > / ,...- / By Brian T. Kadlubek Attorney for Plaintiff -::- ;r _', ; " ','\/"}',~:::,F ':hJ <:~~.-.,!.,-_" -~-'"c-~,~"';\l' , r.-~-".,-'~"~""'''!f ,1)\-.w',:i~},\.'{t,t."'1" ~ 1'~.j'J..~ ..,__ .,\~~,.~~;('j'l) .- ,.~. . ') .....' 3'" 1 ;, ~ .1" 'I, ....U :.I. '-', 1dW" I.~ " .. C' "iV'. ~ ~, . . _ . __ . ' .T ""'l' , nGI :. Ud\.,"i~d. :',ll ~\:_'" L d"l.. J ' /1" ,_ ;vHcliNtA to: n~h, P:;,,~~;t:\()~~!~~:y ) )'-.e.C CI :J.()O U (:..~ 1UJ.--' D'~E--C-e8RT-~ON-i>L~~tj(--F~L~kl~Y COONl),] PEf\i\JSYLVA "".,._..,~,,,. il..n rill (ll';~L=~~.2lM~:= ,-- ) \., .._,lel. '.-r"'~ b (l l7f~~"- MICHAEL BONK, t~;--::\,~ 1.' Plaintiff, ~tLvylu l' [3i !-;; !;5D, to CIVIL DIVISION vs. () C( -' Q~/ ;?ff G.D, No. GEORGE D. BOYER & SONS, INC. Code: 003 Defendants. PRAECIPE FOR WRIT OF SUMMONS FILED ON BEHALF OF: Michael Bonk, Plaintiff COUNSEL OF RECORD F R THIS PARTY: \.0 >- r'" ~ .....: .. >-20 - :.:':=::) - t.L :r .-:c.t:o '-r... 00:: ) ~ z>- N CJZ -'. :::w - ~:::: :z: 00:> lL.. ~ Ct;W a.. -' tn -' C <t Brian T. Kadlubek, Esqui e PA !.D. #68177 U:":6 ~l~ ~ I :J30 Il~i)l GILARDI, COOPER & LO UPO Firm #157 The Benedum Trees Bui! ing 223 Fourth Avenue, 10th Floor Pittsburgh, PA 15222 412-391-9770 ~I( ~-(':'Z'~;:"'.r , '. -,-. 11111111111111111I11 GD-Q'~ .(l2~9Sg.SHRF.2 v\ . . ALLE~NY COUif~t~Ws ~~~~3/,)" ., 436 GRANT STREET . iF PITTSElURGH, PA 15219-2496 PHc)I~E (412) 350-4700 FA:' (412) 350.6388 ,)gD{{ DEFT: GEORGE D DEFT ROYFR ~ ~nN~. TNr CASE#C.D. 04-0279 EXPIRES I - J SUMMONS/PRAECIPE 5'D,(){) J SEIZURE OR POSSES ION J NOTICE AND COMPLA NT 'IIIF l1'"'''IFF QF -llAYPIUN COIDITY J REVIVAL OR SCI F~ Geor\>e D. Eoypr & SonR, Tne J INTERROGATORIES 639 Antoine Street J EXECUTION' LEVi 0 GARNISHEE Harrisburg, PA 17112 J OTHER .ffiJ.l$.1R.ft,^~_ATTY: Brian T. KRdlllhpk. ERqlli rp 04 --=u ADDI1ESS: 223 Fourth Avenue, 10th F Pirt"~hl1rgnJ PA 11:\1?) OJ: NIS SKOSNIK hie! Deputy 8 PETER R. DEFAZIO Sheriff PLAINTIFF MICHAEL BONK 'is. DEFT: PTRA~R nWPnTT7W GARNISHEE: Please serve on: ADDRESS MUNICIPALITY OR CITY WARD: DATE: Dp('pmnPT 10 J 20 ATTY'S PHONE: 412-391-9770 INDICATE TYPE OF SERVICE ~ PERSONAL ~ P RSON IN CHARGE ~ DEPUTIZ, J MAIL j POSTED J OTHER ~ LEVY j SE'Z D & STORED , .~ I, SHERIFF OF ALLE;;;;,Y COUNTY, PA do hereby eputize the Shenff of County to execute this Writ and make retwT1 th reaf according to law -.../ - NOW: NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: . . WAIVEB OF WATCHMAN - Any deputy sheriff levying upon or attachln'~ ny property under within writ may leave same without a watchman. in custody of whomever is found in possession, alter notibing person of levy or attachrn nt. with out liability on the part of such deputy herein for any loss, destruchon or removal of any such property before sheriff's sa If! thero!. Seize, levy. advertise and sell all the personal property of the defendant on the premises located at: MAKE MODEL MOTOR NUMBER SEFIIAL NUMBER U ENSE NUMBER SHERIFF"S OFFICE USE ONLY I hearby CERTIFY and RElURN that on the :2 /: 'Is o'clock, AM iP.M I have served in the manner Described below: ::J Detendant(s) personally served, :J Adult family member with whom said Defendant(s) reslde(s). Name & Relationship ::J Adult in charge of Defendant's reSidence who refused to give name or relationship, ::J Manager/other person authorized to accept deliveries of United States Mail ~gent or person in cha~e of Defe antIs) office.Qr usual place of business. , . r. ~~) ::J Other /1 . J ::J Property Posted Defendant not found because: J Moved J Certified Mail J Receipt J Regular Mail Why ~f \?, ,20~, at Address Above/ Address Below, County of Allegheny, Pennsy vania :J Unknown J No Answer :J Envelope Returned :J Vacant :J Other :J Neither receipt cr envelope retuned: writ expir d You are hereby notified that on _~, levy was made In the case of Possession/Sale has been set for , 20 YOU MUST CALL DEPUTY ON THE MORI~ING OF SALEIPOSSES~;ION BETWEEN 8:30 . 9:30 II. I __I / PETEIR R" DEFAZIO, Sheriff __o'clOCk ATTEMPTS Additional Costs Due $ placed on writ when returned to Prothonotary. before satisfying case, Affirmed and subscribed before me this day of , T~is is Please check BY: iDEPUTY) 20 DISTRICT: ;' , Notary White COFIY - !iheriff Pink oPy. Attorney ~ ~. . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA .\lIUL~EL BONK. CIVIL DIVISION Plaintiff, No, GD~04~027988 Y. GH )!ZGE lJ. BOYER & SONS. INC., Defendant. PRAECIPE FOR RULE TO FILE COMPLAINT Filed on Behalf of Defendant: GEORGE D. BOYER & SONS, INC. Counsel of Record for this Party: WILLIAM C. GALLISHEN PA LD, No, 39349 BASHLINE & HUTTON Suit 3500 One Oliver Plaza 210 Sixth Avenue Pittsburgh, P A 15222 (412) 434,0201 Finn 1.D, No,: 150 JURY TRIAL DEMANDED ~~/ ( /df?!O~ 1111111111111111111I III GD-N .Ol"'988.PR('O~1 A .- ~ ... . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA \llC1l.\r,L BONK, Phuuiff, \'. CIVIL DIVISION No, GD-04-027988 CI:ORGE [), BOYER & SONS. INC.. Defendant, TO the Prothonotary PRAECIPE FOR RULE TO FILE COMPLAINT Pursuant to the provisions of Rule No. 1037(a) of the Pennsylvania Rules of Civil Proce ure, ellter Rule on the Plaintiff. Michael Bonk, to file rus Complaint, see. leg" or Judgment of Non 'ros may be entered. Date: " -; / "d' 1_" ) ..;1~ f ESQUIRE ~ . . . CERTIFICATE OF SERVICE I do hereby certif\' that a true and correct copy of the foregoing PIL\ECIPE FOR R LE '18 TO FILE C:()~II'LA[NT was served via U.S, First Class Mail, postage pre-paid, on this "" ay ofjanuarv, 200S, upon the following counsel of record: Brian T. Kadlubck Esquire GILARDI COOPER LOMUPO 223 Fourth Avenue, 10'h Floor Pittsburgh, P A 15222 f\, (Attorney lOil'am'iff) 7 / /1 /ibl & Sons, Inc. , .. . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA \IICH,\EL BONK. Plaintiff, \', CIVIL DIVISION No, GD-04-027988 C!'ORGF n BOYER & SONS, INC.. Defendant. PRAECIPE FOR APPEARANCE Filed on Behalf of Defendant, George D, Boyer & Sons, Inc. Counsel of Record for this Party: WILLIAM C. GALLISHEN PA LD, No, 39349 BASHLlNE & HUTTON Suite 3500 One Oliver Plaza 210 Sixth Avenue Pittsburgh, P ^ 15222 (412) 434-0201 JURY TRIAL DEMANDED /; " '1/;c) /~~ / If ( IJi!I~ :, - . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA I\!TC~L\EL BONK, CIVIL DIVISION I'lamtlff, No, GD-04-027988 I', (; l'.C)R(;\', l) BOYER & SONS, [:-.ie. Defendant, PRAECIPE FOR APPEARANCE To rbe Prothonotary: You arc hereby directed to enter my appearance on behalf of George D, Boyer & Sons, [ c., the Defendant in the afore-captioned case. JURY TRL\l. DEMANDED, , LINE & HUTTON /' ( v-v"'\ ~L/ . . CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing PRAECIPE F R . g.JL ,\I'I'IC,\RANClc was served via l:,5. First Class Mail, postage pre-paid, on this ~ day of I' / I 'J , 2005, upon the following counsel of record: ;: , ,i Brian T. Kadlubek Esq, GILARDI COOPER LOMUPO 223 4th i\ ,'cnue Pittsburgh, P A 15222 ?1ttomey jar PlmnlifJ) ^, '?~)/JJ (0f . . en ~. ;r 11!f) ') IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA \lIC!-L\2L BONK, CIVIL DIVISION Plaintiff, No, GD-04-027988 v, (;I~()RGE D, IIOYER & SONS, INC, AFFIDAVIT OF SERVICE Defendant, Filed on Behalf of Defendant: GEORGE D, BOYER & SONS, INC Counsel of Record for this Party: WILLIAM C GAllISHEN PA LD. No, 39349 BASHLINE & HUTTON Suit 3500 One Oliver Plaza 210 Sixth Avenue Pittsburgh, P A 15222 (412) 434.0201 Firm 1.0, No,: 150 JURY TRIAL DEMANDED . . AFFIDAVIT OF SERVICE COMl\IONWEALTH OF PE='iNSYLVANIJ\ 55 COUNTY OF ALLEGHENY BEFORE ME, the undersigned authority, Notary Public in and for said County and Sta e, personally appeared WILLL\M C. GALLlSHEN, ESQUIRE, who after being duly sworn accordi g to law. states that he served the Rule to File Complaint on Plaintiff, Michael Bonk, by mailing sa e to 13t1an . Kadlubek, Esquu.'c his attorney, by Ccrtifted Mail, Return Receipt Requested, The origi al Return Receipt is attached hereto and marked as Exhibit "A", BY}/ d~-.:k()I'..,MV William CG#en, Esquire Attorney fOr Defendant George D, Boyer & Sons, Inc, S\X'ORN TO .\ND SUBSCRIBED 1 'v Before me this .. Ii: day of i' \f"' I , ,. 't ".!Iv. 1'0," 7\X~ I .. , '\1..;""' Notary Public C ~f~,L~~ _.) My Commission Expire H NotaJIalSeel oawnR. Bu'll"r, NaIalY~ CIty 01 PlttslllJl\lh, Alle\lheOY ~ CommissiOn EJqJlf6S Fob 4, 2~, < ~,POOn5\1vanl<:l As-<;Q('.\~h01"1 01 ~)...",c~ FORM 232 Proth. IN _ COURT OF COMMC... _EAS OF ALLEGHENY COUNTY, PENNSYLVANIA ..._i!Z.~h.Ml.../l~l:__........_.._......._._ , Vs. G/J.. ~t( -;J7ffJl. No"........,.,.........".....""..,..... Term, ..,licP'l-e........A.,.,.fjO;:fC.,._.~._..~,S....,. ~ d.tl(;. :...., ,h......_..........._...........,_.....",'.....,....... '" RULE To ....rdr..C/z.qf.[...fftz.4L................._, ;Xl You are ruled to file a cOIllplaint within twenty (20) days after service hereof. ( ) You are ruled to file a bill of particulars in this action within twenty (20) days after service hereof. ( ) You are ruled to take depositions on disputed issues of fact or order the cause for argument pursuant to Rule 209, Rules of Civil Procedure. ( ) You are ruled to show cause, if any you have, why Rule Returnable DATE, J - ;2P'-/JS MICHAEL E. LAMB ~ BY I~-_, I . ALLEGHENY COUNTY, ss: . \,v\ \L,C{\'VI Gd\I'0~VtG~ being duly SWOI'1l, doth depose and say that he served the within (Citation) (Rule) on /rJrlu.n T ;<;'dlvb2K, Es9u1re. on h/twarzj ,~, /JN1S- SWORN and subscribed berore m.. ) th' L1Jh.d -rfr,HvWA./ cY/JD'5 )) -?'l'f~~R...('.u<~ 15_ ayo -- ~ IV?/ UQ~~t;;I;C 1l*taIS181 o.nR. BuIQ8I.NdIlY~-. a,0I~~""".., My (;ornnIissiarl EJCPil8S Fell, 4,2006, ~OfNo"n" Ment>er,~ani3 ~ !~ 0 ':::--:. ~ '''' ~ ~> " " "l :, "l : 0 , :;>:l ~Z ,S:, t".l '~>< ~"l ~'O :~~:;>:l !r- It' i"b 1) I:~ ~ ~ ~ ~ [ < ~rtJ ~ l'\ ~ iVJ ,,,> :~ ~ 'h = ~ ~ ~ ~ ~ ?- ;S- -r- ... ~, l~~ ~: :~ : '-"'" [ ~: "" , :;s: , ~' Z ? JO ^"P -S!'l1 p~"o:> '<;G"J"'1 S! (UOnV1!~) ("1"1I) l'.ufi}!JO "'11 JO AdoO l"e~ put en>! .. JO ",;!,u"S 3~IAa3S dO 30NV.LI300V ---------- ~ \ \ \ \ . l ~ . c ~ l!/ ~ '(/I '8 ~ '1' ~ ~ i~ :> ~ ~ "0 , i5'( :1;': 'Y~:f~~ :" ~1 ':\ -~~". ~(J)O~ ~ B ~~: "\ ::o:x:~rn: 1 ~~(J)QO' i "'\ ~ ~ !4 e' ~ . ~~t;:t t - :.\ \ b:Z~' J' =- ::.\ ::4 ~< '- -\ A rn r2' ~~ " ~ ~'. .1)' g ~ ; \ ~, i'ffi:~\ ..il . .. '" l,~ lit'" " ~.; ~;I '~ ,^i - :..---- ~------- ~~_.- .-,-,-, ( f - ---------- . . \.ui*~~~it ", \\':;'~'. t.~,.,\\...... .-s.~~O~.1.12.'\._...1'\..1.. i.-' =il\'; , $' r''6''B-~t1ttl' \ ;J. \' .' ....r.:,<6.\\.~~.~y:;.. ..J~9.:~l;~.\tl."~" . \\ :..'~ ..~ ~ ,~.'.ilf.~(~'~..... \,.,..,;~~.~~t} , "J',-,1:>'" ". ~"il - \\ ::, ". '. ';i,~'~~ll\~,\~.!t.~..".... _,' -J \" ..i~i,~\. if~>"; }~~i\;'~ Cl .' '., I." 'T ,Cl . ,.^ . . \ ru \ ~\ \'~l1'~~1~'1~'Zi'1' ~)(~\ . Cl' ,\.& . ~ .";iE0,;;; ','. ..,~ :11. o'i ,- "'-.' ..;.;,." "',' -~.~.;~-' Cl i, \c ,Co y,,\'~;'::<'"i,.~.rt,tj - - 'l' . ru \ ..... \'i,<,,"J';'lr.,;'" \ \. ~".. 000, ~\\~ "I, ",' ., . ~ \ 'i e tIt ,.;\.'-,....0.;.,.;.,...I:lf\;i. :e:. . \ 'i i'. \\ 'i<,;;lIilr, ,:i .' \.....,., ~\ o~ \ .... ;'lC,~~~~~J~\OI'~"; .'~ ';, :~, .>"i~ ',\~;" \' ; ~(" - . ~. ~' .\i~,~----- -"",-... f ;::c....~". --.' ....--> _. ~---- . . . CERTIFICATE OF SERVICE 1 do hereby certify that a true and correct copy of the foregoing AFFIDAVIT ~I'RVICE was served via LJ,S. First Class Mail, postage pte-paid, on this .! ..' day of Februa 2005. upon the following counsel of record: Brian T. Kadlubek Esquire GILARDI COOPER LOMUPO 223 Fourth Avenue, 10'" Floor Pittsburgh, FA 15222 (/lttorney lor P lalntif/) )!I~:'c---;b. (I< ./ William C C~n, Esquire A ttarney for George D, Boyer & Sons, Inc, . . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUN1Y, PENNSYLVA IA MICHAEL BONK, CIVIL DIVISION Plaintiff, vs. G.D. No. 04-027988 GEORGE D. BOYER & SONS, INC. Code: 003 Defendants. COMPLAINT FILED ON BEHALF OF: Michael Bonk, Plaintiff COUNSEL OF RECORD F R THIS PARTY: Brian T. Kadlubek, Esquir PA LD. #68177 GILARDI, COOPER & LaM PO Firm #157 The Benedum Trees Buildi g 223 Fourth Avenue, 10th F oor Pittsburgh, PA 15222 412-391-9770 ('J "- ~ '') C_J f:~) -.:r -- ,,'.,,- c_ ,J"I , ' i.,\ L".... L"-\ '. 1\1111111111111111111111111111 GD-04-0279EE,COMP2.6 , . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUN1Y, PENNSYLVAN A CIVIL DIVISION MICHAEL BONK, Defendant. ] ] ] ] ] ] ] ] ] G.D. No. 04-027988 Plaintiff, vs. GEORGE D. BOYER & SONS, INC., NOTICE You have been sued in court. If you wish to defend against the claims set f rth 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 b attorney and filing in writing with the court your defense or objections to the claim 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 furth r notice for any money claimed in the Complaint or for any other claim or relief requ sted 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 la or cannot afford one, go to or telephone the office set forth below to find out wher you can get legal help. Lawyer Referral Service Allegheny County Bar Association Koppers Bldg., Suite 436 Seventh Avenue Pittsburgh, PA 15219 (412) 261-0518 . . IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUN1Y, PENNSYLVAN A CIVIL DIVISION Defendant. ] ] ] ] ] ] ] ] ] G.D. No. 04-027988 MICHAEL BONK, Plaintiff, vs. GEORGE D. BOYER & SONS, INC., COMPLAINT AND NOW come the plaintiff, Michael Bonk, by and through his attorneys Gilardi, Cooper & Lomupo, and Brian T. Kadlubek, Esquire and files the following Complaint based upon the following causes of action: FIRST: The plaintiff, Michael Bonk, is an adult individual who resides a 123 Bayush Street, Johnstown, Cambria County, Pennsylvania 15902. SECOND: The defendant, George D. Boyer & Sons, Inc., is a Pennsylvani Corporation with a business address of 639 Antoine Street, Harrisburg, Dauphin Co nty, Pennsylvania. THIRD: At all times relevant hereto the defendant George D. Boyer & S ns, Inc. regularly conducted business in Allegheny County, Pennsylvania. FOURTH: At all times relevant hereto Defendant were acting through thei agents, servants, and employees who were then and there engaged upon the busin ss of the Defendant, and furtherance of their duties and acting within the scope of thei . . employment authority. FIFTH: On or about December 9, 2002, the Defendant was engaged in the business of installing and maintaining heating, air conditioning and plumbing syst ms in various industrial and commercial sites. SIXTH: On December 9, 2002, Defendant, as part of their regular bu iness, was contracted to install air conditioning, heating or plumbing systems at the Big pring High School in Huntingdon County, Pennsylvania. At that time the Defendant was awarded the subcontract on the high school project under the general contract hel by Miller Brothers. SEVENTH: On or about December 9,2002 Defendant negligently allowed water to run out of the heating, air conditioning, or plumbing system it was installi g in the Big Spring High School and allowed said water to accumulate on the sidewalk outside the school and freeze. EIGHTH: On December 9,2002, the plaintiff, Michael Bonk, was an agent of Poly Vision Corporation who was also a subcontractor working on the Big Spring High School Project. NINTH: On or about December 9, 2002 the Plaintiff was performing his work for Poly Vision at the Big Spring High School job when he was caused to slip a fall on the ice which had accumulated on the sidewalk area as a result of the neglige ce of the Defendant as described herein. TENTH: At the aforesaid time and place the Defendant, their agents, and employees were negligent generally and in the following particulars: . . a) In negligently allowing water to run out the system they were insta ling and to drain onto the aforementioned sidewalk when the Defendant knew or sho Id have known that it would cause a hazardous condition for others in the area; b) In allowing the sidewalks in the area where the water ran out to re an icy, dangerous, and unsafe condition after having notice or an opportunity for of said condition; c) In failing to properly maintain a safe working area; d) In failing to properly inspect the aforementioned area to insure agai st dangerous icy condition; e) In failing to warn of the dangerous icy condition; f) In failing to use reasonable prudence in the removal of the ice from he aforementioned sidewalk area; g) In failing to properly supply safety measures including but not limited to sand, salt, or cinder in the ice area on the aforementioned day; h) In failing to properly remedy the water running from its system so as 0 not create an icy and hazardous area for persons walking lawfully on the premises uch as the Plaintiff. ELEVENTH: As a result of the negligence of the Defendant the Plaintiff has sustained the following severe and serious injuries which may be permanent in nat re: a) A fracture to his left arm and wrist; b) Soft tissue injuries; c) Injury to his bones; . . d) Other serious and severe injuries. TWELFTH: As a direct and proximate result of the negligence of the Def ndant and the Plaintiff's injuries as aforesaid, the Plaintiff has been damaged as follows: a) He has in the past and may in the future be required to spend large and substantial sums of money for medical care and treatment because of his injuries; b) He has in the past and may in the future suffer great physical pain, suffering and inconvenience; c) He has in the past and may in the future suffer from nervous and emotional tension and anxiety as a result of his injuries; d) He has in the past and may in the future be limited in his normal activities; e) His general health, strength and vitality have been impaired and this impairment is possibly permanent: f) He has in the past and may in the future suffer financial losses due to absences from work because of his injuries; g) His earning power has been impaired, and this impairment may be permanent; h) All of the foregoing personal injuries and damages are possibly perman nt in nature. WHEREFORE, Plaintiff demands judgment in his favor and against the Defendant in an amount in excess of Twenty Five Thousand ($25,000.00) Dollars exclusive of costs and interest. . JURY TRIAL DEMANDED. BY . Respectfully submitted, GILARDI, COOPER & LOMUPO ~.. // ~ -- // / ) 7;:~/.. =/~27 Brian T. Kadlubek Attorney for Plaintiff .. .. VERIFICATION Ml'(.'V...<Jc.<- \ ~c>" Ie says that \\e.. is the plaintiff in the foregoin action; that the attached Civil Action Complaint is based upon information which ~ has furnished to "-('9> counsel and information which has been gathered by lliS counsel in the prepc,ration of the lawsuit The language of the Complaint is that of counsel and not of plaintiff, Plaintiff has read the Complaint and to the extent that t e Complaint is based upon information which \.\.e. has given to \~. '7 counsel, it is rue and correct to the best of \\1 S Knowledge, information and belief. To the extent t at the content of the Complaint is that of counsel, \\ e... has relied upon counsel in making this verification, I understand that my statements are made subject to 18 Pa, C,S, S4904 providing for criminal penalties for unsworn falsification to authorities, ~b~ Date:_Yehrll;iry 15. ?OO~ . ~ CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the COMPLAINT has been served upon the following counsel for the defendant by first class mail postage pr -paid on this 15th day of February, 2005 TO: William C. Gallishen, Esquire Bashline & Hutton Suite 3500 One Oliver Plaza 210 Sixth Avenue Pittsburgh, PA 15222 GILARDI, COOPER & LOMUPO ~~... ~ ~---;; )1 Z~-~ Brian T. Kadlubek Counsel for Plaintiff ---". C Allegheny County Prothonotary Civil Docket Report GD-04-027988 "'CASE IS TRANSFERRED TO cun BERLAND COUNT' I un Date: 031301200 un Time: 02: 13:35 Court Type: General Docket Case Type: Against Property Owner Related Cases: Judge: No Judge Jury Requested: No Current Status: Case Transferred Amount In Dispute: $.00 Ib Parties -- Litigants -- liD IILName IIFName 1~IType II Address Ilphone! ltorney j@128066911Bonk II MichaellBI Plaintiff IINo Default Address Available ID adlubek Brian T" 1@128067111George D, Boyer & Sons Inc, 11--- !B!Defendant IINo Default Address Available ID allishen William C -- Attorney -- ~ILName IIFName 1~IType I Address I Phone 16817711 Kadlubekll Brian I[]I Plaintiffs Attorney 1808 Grant Building 310 Grant Street Pittsburgh PA 1521S 1-- 139349\ Gallishen IWIIi mlE] Defendant's Bashline & Hutton Suite 1650, One PPG Place Pittsburgr PA (412) I a 'Attorney 15222 3917005 -- Non Litigants -- lID IILName IIFNamel~IType I Address Iphone IACPROTH I Allegheny County DB Prothonotary No Default Address Available (412) Prothonotary 3505729 ISHRF02 I Sheriff - Allegheny County DBlsheriff I Courthouse Room 111 Pittsburgh PA c= 15219 ISHRF22 II Sheriff - Dauphin County IDt] Sheriff I No Default Address Available (717) 2552660 Docket Entries IFiling Date IIDocketType IIDocketText I i1ing Party 1210912004 Praecipe for Writ Ireturnable 01108105 I onk Michael of Summons 0111212005 Sheriff Return George Boyer & Sons served with Writ of Summons on 12128104, heriff - Alleghel ounty 0112812005 Praecipe for IbY William C, Gallishen I eorge D, Boye Appearance Sons Inc, 0112812005 Praecipe for Ruie I I eorge D, Boye to File Comp 18 Sons Inc, 0211112005 Affidavit of of Rule to File Complaint upon Michael Bonk by certified mail upon counsel. eorge D, Boye Service & Sons Inc, 1021161200511 Complaint I and certificate of service upon William C, Gallishen, Esq" on 02115/05, B nk Michael 03130/2005 Case Transferred As per Order of Court dated 03129/05, Case is transferred to Cumberland AI egheny Counl County, PA. Strassburger, J, P othonotary Dated 03/29105, Ordered that venue in this matter is changed from Allegheny Gorge D, Boye 0313012005 Order of Court Co, to Cumberland Co, The Prothonotary shall take the necessary steps to & Sons Inc, forward its file to Cumberland Co. Prothonotary's Office, Strassburger J, CEl:ZT"lF1ED }'R~)\ll 'TlIE ItP:C 1<11 0 o<Q. .-' Q. (') = P lr1 c; c"" ~ en '? t ~ ;::r. .-"- -r: ::::" illF -, -r1Cr:. ~ I ),7 --- \) -1-- 1.__) C-..J - -- :::J-;-; ~ ~ ~ -0:> ~-,'~} ~\j \JV W ::;;: Qrrt r 1..", (:~ --I L;;: ~> .c. :~ ""r-~ ~ ,,~ ~ - -< .< c -....(. '. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BONK, CIVIL DIVISION Plaintiff, No OS; - .;2301 (J ~,L ';- Eilr; v, GEORGE D, BOYER & SONS, INC, ANSWER AND NEW MATTER Defendant, Filed on Behalf of Defendant: GEORGE D, BOYER & SONS, INC Counsel of Record for this Party: TO THE WITHIN PLAINTIFF: WILLIAM C GALLlSHEN PA LD, No, 39349 You are required to plead to the within NEW MATIER within twenty (20) days from the date of service thereof or default judgment may be entered against you, BASHLINE & HUTION Suit 3500 One Oliver Plaza 210 Sixth Avenue Pittsburgh, P A 15222 (412) 434,0201 d~~~~~~', - (b~ WILLI I C C,ALLISHEN, ESQUIRE , Attorney for Defendant Firm LD, No,: 150 JURY TRIAL DEMANDED r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BONK, CIVIL DIVISION Plaintiff, No, v. . GEORGE D, BOYER & SONS, INC., Defendant. ANSWER AND NEW MATTER ANSWER AND NOW, comes the Defendant, George D, Boyer & Sons, Inc., by its attorneys, BASHLINE & HUlTON and WILLIAM C. GALLISHEN, ESQUIRE, and states that it has a full, just, complete and legal defense to the averments contained in the Plaintiffs Complaint and in support thereof, avers as follows: 1, After reasonable investigation, Defendant is without knowledge or 1l1formation sufficient to form a belief as to the truth of the averments set forth the First Paragraph of Plaintiffs Complaint and therefore denies same, 2, The averments of the Second Paragraph of Plaintiffs Complaint are admitted, 3, Denied, The Defendant does not regularly conduct business in Allegheny County, By way of further answer, the parties have stipulated to a change of venue from Allegheny County (where this action was originally flied) to Cumberland County (where the construction project allegedly at issue took place,) 4, The averments of the Fourth Paragraph of Plaintiffs Complaint set forth conclusions of law to which no response is required. In the event it is determined that a response is required, the averments are denied in general in accordance with Rule 1029 of the Pennsylvania Rules of Civil Procedure, and strict poof thereof is demanded, 5, The averments of the Fifth Paragraph of Plaintiffs Complaint are admitted, 6, The averments of the Sixth Paragraph of Plaintiffs Complaint are admitted in part, denied in part. George D, Boyer & Sons sub-contracted to install heating, ventilation, and air conditioning at the Big Spring High School located in Cumberland County, Pennsylvania, However, it is specifically denied rvWler Brothers was the general contractor or was even one of the contractors ,on that project, Strict proof is demanded, 7, The averments of the Seventh Paragraph of Plaintiffs Complaint are denied in general in accordance with Rule 1029 of the Pennsylvania Rules of Civil Procedure, and strict poof ithereof is demanded, 8, After reasonable investigation, Defendant is without knowledge or information ~ufficient to form a belief as to the truth of the allegations set forth in the Eighth Paragraph of Plaintiffs Complaint and therefore denies same, 9-10, The factual averments of the Ninth and Tenth Paragraphs of Plaintiffs Complaint ~re generally denied pursuant to Rule 1029(e), By way of further response, it is specifically denied jhat Defendant was negligent in any way as implied and/or stated in the Ninth Paragraph of j'laintiffs Complaint. Defendant further denies that that any action or inaction on its part was the l~gal and proximate cause of the accident and injuries/damages alleged by plaintiff, It is further denied that any icy, dangerous and unsafe condition existed that was a non-natural accumulation of ife, 11-12, The allegations of the Eleventh and Twelfth Paragraphs of Plaintiffs Complaint set fbrth conclusions of law to which no response is required, In the event it is determined that a rfsponse is required, the factual averments of the Eleventh Paragraph of Plaintiffs Complaint arc generally denied pursuant to Rule 1029(e), By way of further response, it is specifically denied that Plaintiff sustained injuries and damages as alleged as a result of any actions or inactions on the part of Defendant, It is further denied that this Defendant was negligent in any way as implied or stated, WHEREFORE, Defendant George D, Boyer & Sons demand that judgment be entered in their favor with costs in their behalf sustained, NEW MATTER By way of further and more complete answer to the Plaintiffs Complaint, Defendant, sets forth the following New Matter: 13, Plaintiffs Complaint fails to set forth a cause of action upon which relief can be granted, 14, It is believed, and therefore, averred, that if the Plaintiff suffered injuries on a ~onstruction project (which is not admitted) that it was a project other than the Big Spring High School project in Cumberland County, It is believed (based upon the Plaintiffs allegations) that if ),e was injured that it occurred on a project in Huntingdon County for which this Defendant was \lot a contractor, 15, Plaintiffs action may be barred by the Statue of Limitations, 16 Plaintiffs claims may be barred by virtue of the doctrine of assumption of the risk. 17, Plaintiffs claims may be barred or otherwise limited by virtue of plaintiffs omparative and/or contributOl'Y negligence generally, or in the following particulars: a, In failing to pay attention to conditions then and there in existence; b, In failing to take reasonable precautions to protect himself from falling; c. In failing to wear shoes with proper traction under the circumstances then existing; d, In choosing to walk in said area under circumstances and/or conditions when plaintiff knew, or in the exercise of reasonable diligence should have known, that walking in said area under said circumstances and/or conditions may pose a risk to his safety; e, In otherwise acting in a negligent or imprudent manner at the time of the alleged incident, 18, In the event plaintiff establishes at time of trial that he suffered any injuries or damages as a result of the conduct of parries other than himself, then plaintiffs injuries or damages may have been caused by parties other than this Defendant, over whom this Defendant had no control or right of contra!. 19, In the event that it is determined thar plaintiff suffers from any injuries, then said injuries may have been caused by events and/or occurrences which took place either prior to, or subsequent to, the incident at issue in Plaintiffs Complaint, 20, In the event that Plaintiff is entitled to recover damages, which right is specifically idenied, then Defendant avers that any and all losses/injuries/damages alleged to have been isustained by the Plaintiffs may be the result of individuals/entities who are not yet parties to this lawsuit, 21. Defendant believes and therefore avers that it were not on notice of any alleged ~angerous condition that was a non-natural accumulation of ice, WHEREFORE, Defendant respectfully requests that judgment be entered in irs favor with costs in its behalf sustained, HUlTON By---- "- 01.. ~ &-~- r=of.-WILLIAM c. GALLISHEN, ESQUIRE Attorney for Defendant Bonk v, George D, Boyer & Sons, Inc. VERIFICATION I, Jeffrey Boyer, state that I am the authorized representative of George D, Boyer & Sons, Inc., a Defendant herein, I aver that the statements of fact contained in the attached ANSWER AND NE\X' ~1I\TTER are true and correct to the best of my knowledge, information and belief. and are made subject to the penalties of 18 Pa,c.S,A Section 4904 relating to unsworn falsification to authorities. Dated: '1.-2-f-O ~ CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing ANSWER AND NEW MATTER was served via US First Class Mail, postage pre-paid, on this )'d day of May, 2005, upon the following counsel of record: Brian 1'. Kadlubek, Esquire GILARDI COOPER LOMUPO 223 Fourth Avenue, 10'" Floor Pittsburgh, PAl 5222 (Attorney for Plaintiff) ~L /oL WILL AM c. GALLISHEN, ESQUIRE f'1 Attorney for George D, Boyer & Sons, Ine. " .^' ~:_; 0' /'., '';;'\l \ () --;", (;: " c~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BONK, CIVIL DIVISION Plaintiff, vs. No. 2005-2301 GEORGE D. BOYER & SONS, INC., Code: 003 Defendants. PLAINTIFF'S REPLY TO NEW MATTER FILED ON BEHALF OF: Michael Bonk, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Brian T. Kadlubek, Esquire PA 1.0. #68177 GILARDI, COOPER & LOMUPO Firm #157 The Benedum Trees Building 223 Fourth Avenue, 10111 Floor Pittsburgh, PA 15222 412-391-9770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Defendant. ] ] ] ] ] ] ] ] ] No. 2005-2301 MICHAEL BONK, Plaintiff, vs. GEORGE D. BOYER & SONS, INC., PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes the plaintiffs by and through their attorneys, Gilardi, Cooper & Lomupo and Brian T. Kadlubek, Esquire, to file the following Reply to New Matter of Defendants averring as follows: 1. The averments of paragraph Thirteen of the Defendants' New Matter set forth conclusions of law to which a response is not required. To the extent a further response may be deemed necessary, plaintiff denies the averments of the paragraph pursuant to Pa. R.C.P., Rule 1029(e). 2. The averments of paragraph Fourteen of the Defendants' New Matter set forth conclusions of law to which a response is not required. To the extent a further response may be deemed necessary, plaintiff denies the averments of the paragraph pursuant to Pa. R.C.P., Rule 1029(e). 3. The averments of paragraph Fifteen of the Defendants' New Matter set forth conclusions of law to which a response is not required. To the extent a further response may be deemed necessary, plaintiff denies the averments of the paragraph pursuant to Pa. R.C.P., Rule l029(e). 4. The averments of paragraph Sixteen of the Defendants' New Matter set forth conclusions of law to which a response is not required. To the extent a further response may be deemed necessary, plaintiff denies the averments of the paragraph pursuant to Pa. R.C.P., Rule l029(e). 5. The averments of paragraph Seventeen of the Defendants' New Matter set forth conclusions of law to which a response is not required. To the extent a further response may be deemed necessary, plaintiff denies the averments of the paragraph pursuant to Pa. R.C.P., Rule l029(e). 6. The averments of paragraph Eighteen of the Defendants' New Matter set forth conclusions of law to which a response is not required. To the extent a further response may be deemed necessary, plaintiff denies the averments of the paragraph pursuant to Pa. R.C.P., Rule l029(e). 7. The averments of paragraph Nineteen of the Defendants' New Matter set forth conclusions of law to which a response is not required. To the extent a further response may be deemed necessary, plaintiff denies the averments of the paragraph pursuant to Pa. R.C.P., Rule l029(e). 8. The averments of paragraph Twenty of the Defendants' New Matter set forth conclusions of law to which a response is not required. To the extent a further response may be deemed necessary, plaintiff denies the averments of the paragraph pursuant to Pa. R.c.P., Rule lD29(e). 9. The averments of paragraph Twenty-One of the Defendants' New Matter set forth conclusions of law to which a response is not required. To the extent a further response may be deemed necessary, plaintiff denies the averments of the paragraph pursuant to Pa. R.C.P., Rule 1029(e). WHEREFORE, the plaintiffs demand judgment against the defendants in the amount in excess of Twenty-Five Thousand Dollars ($25,000.00) exclusive of costs and interest. JURY TRIAL DEMANDED. Respectfully submitted, GlLAlpI, CgOPER & LOMUPO -..: .:/ --- BY / - /~ C___/- 'Brian T. Kadlubek Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the PLAINTIFF'S REPL Y TO NEW MA TTER has been served upon the following counsel for the defendant by first class mail postage pre-paid on this 3rd day of June, 2005 TO: Bryan B. Campbell, Esquire Bashline & Hutton Suite 3500 One Oliver Plaza 210 Sixth Avenue Pittsburgh, PA 15222 GILARDI, COOPER & LOMUPO ~ /'/" ---~"-, ---:? ~/~/ /."" " ./ / /' ~-?-~ Brian T. Kadlu6e Counsel for Plaintiff o ~,: l"ll':" rr: I, ~~( . ;',?!.. ~;~ '....- ~)< C- S; ~~.~ ~ "" ...., = o::.J en <- c:: ;0:;.:.: ~ 'i!,-r:! "F:1 -06 -.J ~~',:> -"1:: :[, <;](') /-.-rn -::) ~.,... 15 :< I ro -u :x ~ ..;-:- ~:-' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BONK, CIVIL DIVISION Plaintiff, No. 2005-2301 v, GEORGE D, BOYER & SONS, INC., Defendant. NOTICE OF SERVICE OF FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF Filed on Behalf of Defendant: GEORGE D, BOYER & SONS, INC. Counsel of Record for this Party: BRYAN B. CAMPBELL PA LD, No, 39312 BASHUNE & HUTTON Suite 3500 One Olivet Plaza 210 Sixth Avenue Pittsburgh, P A 15222 (412) 434,0201 Firm LD. No,: 150 JURY TRIAL DEMANDED ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BONK, CIVIL DIVISION Plaintiff, No, 2005-2301 v, GEORGE D, BOYER & SONS, INC., Defendant, NOTICE OF SERVICE OF FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS UPON PLAINTIFF I hereby certify that Defendant's NOTICE OF SERVICE OF FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS has 1" been served upon Plaintiff's counsel, Brian Kadlubek, Esq" on this ~ day of June, 2005 BASHLINE & HUTION Q ~~; ~"'," ~~,\y: ,c__,_, ~(~ t-> = c-:) U' <- ~:;::;. .ooil-'~ - 0"' ","'- fc:-,'Cn, )>~ .:> ~:~ """ -c -;1" _0- ~ .:::l :J::-n rn-" ""Fn :tl9 :.~Cj ;f~ :~~\ r"-'-.;- >,;.() .~- in ;'-.') , :~ ~ ~ N C;:J 17 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA MICHAEL BONK, CIVIL DIVISION Plaintiff, vs. No. 2005-2301 GEORGE D. BOYER & SONS, INC., Code: 003 Defendants. NOTICE OF SERVICE OF PLAINTIFF'S ANSWERS TO DEFENDANTS' FIRST INTERROGATORIES AND !REQUEST FOR PRODUCTION IOF DOCUMENTS FILED ON BEHALF OF: IlIJichael Bonk, Plaintiff COUNSEL OF RECORD FOR THIS PAR1Y: Brian T. Kadlubek, Esquire PA 1.D. #68177 GILARDI, COOPER & LOMUPO Firm #157 The Benedum Trees Building 223 Fourth Avenue, 10th Floor Pittsburgh, PA 15222 412-391-9770 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL BONK, Plaintiff, ] ] ] ] ] ] ] ] ] No. 2005-2301 vs. GEORGE D. BOYER & SONS, INC., Defendant. NOTICE OF SERVICE...OF PLAINTIFf'S ANSWERS TO DEFENDANTS' FIRST INT~ROGATORIES AND REQUEST FOR PRODUCLION OF DOCUMENTS I hereby certify that Plaintiff's Notice 0' Service 0' Answers to De'endants' First Interrogatories and Request ",r Production 0' Documents has been served upon Defendants' counsel, Bryan B. Campbell, Esquire, on this 31d day of August, 2005. Respectfully submitted, GI~~ & LO. MUPO BY '-::;> ~c:::::= ~ Brian T. Kadlubek Attorney for Plaintiff CERTIFICATE OF SERVICf' I hereby certify that a true and correct copy of the IVOTICE OF SERVICE OF PLAINTIFFS ANSWERS TO DEFENDANTS' FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS has been served upon the following counsel for the defendant by first class mail postage pre-paid on this 3( ~ day of August, 2005 TO: Bryan B. Campbell, Esquire Bashline & Hutton Suite 3500 One Oliver Plaza 210 Sixth Avenue Pittsburgh, PA 15222 GILARDI" COOPER &. LOMUPO ~ -; ~~~~ Brian T. Kadlubek r Counsel for Plaintiff o C' .' ....' c:;;') c:.~-' '::"';1 (,.0 r), N ::.. r:: -J ~ -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BONK, CML DMSION Plaintiff, No, 2005-2301 v, GEORGE D, BOYER & SONS, INC., NOTICE OF SERVICE OF ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendant, Filed on Behalf of Defendant: GEORGE D, BOYER & SONS, INC. Counsel of Record for this Party: BRYAN B. CAMPBEll PA I.D. No, 39312 BASHUNE & HUlTON Suite 3500 One Oliver Plaza 210 Sixth Avenue Pittsburgh, PA 15222 (412) 434,0201 Firm I.D, No.: 150 JURY TRIAL DEMANDED I'... .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL BONK, CNIL DMSION Plaintiff, No, 2005-2301 v. GEORGE D. BOYER & SONS, INC., Defendant. NOTICE OF SERVICE OF ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS I heteby certify that Defendant's ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS has been served upon Plaintiff's counsel, Brian T. Kadlubek, Esquire, on this 16'" day of August, 2006, (') C .......5: n~t~:' '-:;;>-[c ~:~i r~> ...;::-L' :?;C ~'Cl >C' ~ =< " f'o.3 = = "" ". c: 0:;, N o " :r! nl,;;g -om :J:JC;:> ~~6 :.]:..::r~ s;~o Om -.., ~ -< -0 ::l;; ~ W <::) r -"" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA MICHAEL BONK, CIVIL DIVISION Plaintiff, vs. No. 2005-2301 FREY LUTZ CORP. and FREY MECHANICAL, Code: 003 Defendants. PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE FILED ON BEHALF OF: Michael Bonk, Plaintiff COUNSEL OF RECORD FOR THIS PARlY: Brian T. Kadlubek, Esquire PA J.D. #68177 GILARDI, COOPER & LOMUPO Firm #157 The Benedum Trees Building 223 Fourth Avenue, 10th Floor Pittsburgh, PA 15222 412-391-9770 , .. . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MICHAEL BONK, Plaintiff , V5. No. 2005-2301 GEORGE D. BOYER & SONS, INC., Defendant. PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE TO: PROTHONOTARY To settle, discontinue or satisfy -- Verdicts, Judgments, Executions, Awards, Decrees, Equity, liens, Counterclaims or Crossclaims and Plaintiffs' Case or as to Garnishee only D.S.B., M.L. & Claims with regard to the above-named Plaintiffs. ~J~~~-= Brian T. Kadlubek, Attorney for Plaintiff PA 1.0. #68177 I hereby certify that the foregoing is a true and correct statement of the above case. This statement is made subject to the penalties of 18 PA. C.S. 9 4904 relating to unsworn falsifications to authorities. r-:> c.:> = a"' CJ ["\"1 C-> w '':> -n --t :r:..,-, rt1p -nn.:; ~~~'; ~~:~~?i ""r"lo< ~ -.. c.:? t;;;J