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HomeMy WebLinkAbout06-0280 - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. () t.. --,;Ut) C't-9; ~~ Civil Action - ( X) Law ( ) Equity . William Davis and Julie Davis, his wife 103 Shady Lane Enola, P A 17025, General Chemical LLC 90 East Halesy Road Parsippany, NJ 07054 GenTek, Inc. 90 East Halesy Road Parsippany, NJ 07054 Environmental Products and Services of Vermont, Inc. d/b/a EPS of Vermont, Inc. 5100 Paxton Street Harrisburg, PAl 7111 Corco Chemical Corp. Tyburn Road and Cedar Lane Fairless Hills, PA 19030 Plaintiff(s) & Address( es ) Defendant(s) & Address( es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. ~ Writ of Summons shall be issued and forwarded to ( ) Attorney (X ) Sheriff John B. Dougherty, Esquire IRA H. WEINSTOCK. P.C. 800 North Second Street Harrisburg, P A 17102 Phone: 717-238-1657 Name/Address/Telephone No. of A ttomey ~ 13. f~ gnature of Attomey r Supreme Court I.D. No. 70680 Dated: January 11. 2006 () ~ 'P\l iU- ~ - '-.J C> }3~~ "'V - r- ....::t D ~..J:' .f- - +- _ ..L. -."" c_ B - r~'.) . . '";'; -- c:; . 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. Date: ..Jd 0 C~7fc4 Prothonotary / / - /I by I ~ d..N)b , Deputy ( ) Check here if reverse is issued for additional information. SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2006-00280 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVIS WILLIAM ET AL VS. GENERAL CHEMICAL LLC ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,GENERAL CHEMICAL LLC by United States Certified Mail postage prepaid, on the 19th day of January ,2006 at 0000:00 HOURS, at 90 EAST HALESY ROAD PARS I PPANY, NJ 07054 , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE 01/21/2006 on Additional Comments: Docketing Service Affidavit Surcharge 18.00 4.64 .00 10.00 .00 32.64 So answ~r8'" -_......:?'=~::~.~?._,----- -,' -;;;.::;-'~:~: <i"'. ,Y'~-- - L--C_ It: Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Paid by IRA WEINSTOCK on 02/08/2006 . Sworn and subscribed to before me 'h)i~ liSDday of """~~'I ,J:~::~d SENDER COIV!fJLt: it. I HI;:, ..'Jt:l. llU{~ . COlTlplete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: A. Signature --- /'.,,,/ ....-.... ~ B. Received by (Printed Nam8) o Agent o Addressee x C. Date of Delivery D. Is dalively address different from item 1? 0 Yes If YES. -&P'Iterdellvery address below: 0 No General Chemical LLC 90 East Halesy Road Parsippany, NJ 07054 3. Service Type lIfcertified Mail 0 Express Mail D Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. 7005 0390 0003 2635 0395 06-280 civil PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2006-00280 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DAVIS WILLIAM ET AL VS. GENERAL CHEMICAL LLC ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,GENTEK INC by United States Certified Mail postage prepaid, on the 19th day of January ,2006 at 0000:00 HOURS, at 90 EAST HALESY ROAD PARS I PPANY, NJ 07054 a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by SIGNATURE ILLEGIBLE 01/21/2006 on Additional Comments: Docketing Service Affidavit Surcharge 6.00 4.64 .00 10.00 .00 20.64 ~ So al'lf;)J;lfi(FS-: .///// /.~~.~~//. .R. Thomas Kline Sheriff of Cumberland County Sheriff's Costs: Paid by IRA WEINSTOCK on 02/08/2006 . Sworn and subscribed to before me this /<(S day ofY-,LHA" ,~, AD(!~ ' prQthon~t d SENDER COMPLETE THIS SECT/UN . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: COMPI cTr THIS \t CTlON ON DELIVERY A. Signat~re () X /~ /"7 ":c--' ~,;'~r"'.\ o Agent o Addressee C. Date of Delivery B. Received by (Ptlnted Name) O. Is delivery address different from item 11 0 Yes If YES, enter del1very address below: [J No GenTek Ine 90 East Halesy Road Parsippany, NJ 07054 3. Service Type J!l:tertifled Mail o Registered o Insured Mail D Express Mail o Return Receipt for Merchandise DC.O.D. 4. Restricted Delivery? (Extra Fee) DYes 7005 0390 0003 2635 0388 0"- 280 c;i-.ril PS Form 3811 , February 2004 Domestic Return Receipt 102595-02-M-1540 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIS WILLIAM ET AL VS GENERAL CHEMICAL LLC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ENVIRONMENTAL PROD & SERVICES OF VERMONT INC DBA EPS OF VT but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 8th, 2006 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 6.00 9.00 10.00 35.25 .39 60.64 02/08/2006 IRA WEINSTOCK ,- So anSWeL&-:-7 ..__/ -----------'c<) /~ /~.-/~ ~;-'- R. Thomas Kline Sheriff of Cumberland County ) ---- Sworn and subscribed to before me thl' S ." I "';. d f'" 1 ., ay 0 cf4" '~j' 2(J'!Jl" fZ~ In The Court of Common Pleas of Cumberland County, Pennsylvania William Davis et a! VS. Genera! Chemical LLC et a! Environmental Products and Services of Vermont Inc d/b/a EPS of Vennont Inc SERVE: No. 06-280 civil Now, January 19, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~-v<:~ Sheriff of Cumberland County, PA Affidavit of Senrice Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Sheriff of County. PA Sworn and subscribed before me this _ day of , COSTS SERVICE MILEAGE AFFIDAVIT $ ,20_ $ (1\)ffitt of tq~ ~4Ct'iff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 1710 1 ph: (717) 780.6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania DAVIS WILLIAM ET AL vs County of Dauphin ENVIRONMENTAL PRODUCTS AND SERVICES OF Sheriff's Return No.0099-T - -2006 OTHER COUNTY NO. 06-280 CIVIL AND NOW:January 25, 2006 at 2:~5PM served the within WRIT OF SUMMONS upon ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT INC D/B/A EPS VERMONT INC to GLENN GRENOBLE, MANAGER by personally handing ~ true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 5~00 PAXTON STREET HARRISBURG, PA ~7~~~-0000 Sworn and subscribed to Jf~ before me this 25TH day of JANUARY, 2006 Sheriff of Dauphin County, Pa. -----fl ~.I'r-.' J ( ""tR ~ ,"1"". (//..., ,,~All ,~-'''''-....,..I'.,-", i~~~'. \;r'-- ;j ~~ By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. \,2006 Deputy Sheriff Sheriff's Costs: $35.25 PD 0~/23/2006 RCPT NO 213979 STRUBHA SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DAVIS WILLIAM ET AL VS GENERAL CHEMICAL LLC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CORCO CHEMICAL CORP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 8th, 2006 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep Bucks County Postage 6.00 9.00 10.00 48.00 .39 73.39 02/08/2006 IRA WEINSTOCK So answ~s}---' ~-;:-~ ) ,....- ~W~~,>~~/- R. Thomas Kline Sheriff of Cumberland -- /.....;/.--,...-,.- ~~'<~-- , ,/ County Sworn and subscribed to before me day of i"tu,,,,! ".<, /!~ Prot a y this 1'1:- ;In.The Court of Common Pleas of Cumberland County, Pennsylvania William Davis et al VS. General Chemical LLC et al SERVE: Corco Chemical Co:tp No. 06-280 civil Now, January 19, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .. ~~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , COSTS SERVICE MILEAGE AFFIDAVIT $ ,20_ $ V...lMlOI,. ri.".- 2 Q\ .BU~TY SHERIFF'S RETURN oc I of I Invoice to be mailed to Filed 1 /] 212006 Bucks Case # 200630157 Special Instructions In CUMBERLAND COUNTY Ree'd 1123/2006 Bucks County Case # 200630157 CUMBERLAND County Sheriffs Office Attn: Action Civil Action SUMMONS Plaintiff WILLIAM DAVIS - vs ~ Defendant CORCO CHEMICAL CORP TYBURN ROAD & CEDAR LANE FAIRLESS HILLS, P A 19030 Address Served if Different JOHN B DOUGHERTY. ESQ Spcciallnstrudions (A) (i) Defendant personally served (A) (2) (i) Family Member _ (A) (2) (i) Adult in Charge of Residence (A) (2) (ii) Manager/Clerk at Det\'s Lodging ~ (A) (2) (iii) Person in Charge of Business -;t;,dling to f;v) iJI I\J \ ~~ J _ By Posting Not Served 30 Days Ran Out Defendant Moved Defendant Unknown Checked Post Office Forwarding Address Defendant Not Home Address V <leant Deputy needs better address No Forwarding Notes N/BOro ~I.J U;1sepU1Y 1 .(1l4tuA bblf --- .b 1~)O" Affirmed an /~~dJj-4_ Prothontary Atlinned and subscribed before me on t is day "___ ____/ _____ Notary Public My Com. Exp. -~--~--"-_._--"~- 1:- 7~('/ Ir" /{y'-'?=> ! I t.r7 1/23/06 1146 \001 '-'." -' l- ,j,. \... r: - c_ L W hot '<!J .J.. '..J 'J ~ f'4 '~L L 1. ) M '- 1< !"- l- f"> "_C-". " ,- l . .., I ~ ~ ~. H ,. ",,- _ ,:,:, ~,.. "': _ "'!"_ :\ ~, '''',' ,,,~ '"" ,', - '~ ~' .... "I : ~ 1 ... ,.- V - ~ "'- ' D - f L ;: ~ " i' \~ \, P' c~ UC l( '~; -j -r,w :. ;, 3~;'! C7 I { .~" .. . I. T (t.Uf\ T" ClttSS: ASSUMPSIT *~~~~ SHEqIFF.S RETUQN CF S~~YIC~ ........011..ollo. 'V'''lo'''\t''''''''''''' ;.,.,t":::l r.;r.s [.FF Ie ~UMP~Dlt~C CrUNTY ~ C(UQT~CUS~ SQuaQ7 (A'lISl" PI 11 l' ~TT~:J~~N A rCUG~~QTY.fSO DlarNlr~c r~~~~o~NT OAV:,) I,TLLIA~ \15. (C~{J CH~~!C'L C~7F 1VPl~N 'c 6 Cr-04P l4N" cilT;;L~:SS rIllS, o~ 1S-'3~: (, ~ 1 ~.. t,' t- ,.' '..~, .. ~' " J 13 .:i 2 ,to '"\'. CnNPlA!~T - CIVIL 1CTIC~ RECCIV~D Fq~N CUMq~QlANC CD SHf~IF~S r~PT c~C~IV:C !~ SHEoIF;IS C~CI(C ~c; S2=VIC:. T?ANSACT!0N ')6-1-01C70 dM(IJNT P~IC S43.0~. SHEoI~F'S CfTURN, UNC~P OATH. FIl~r. :~DUTY cPENCH aT 11 SAM 5~RV~Q C~~ ~OAN~(5) ?U~SU4hT 1C PA.~.~.D_ j4~2(A')(2){II:). ~.~v 0 CE~ CeRCe CHo.rCAl CJ~~ ~, ~INCIN~ rr EJWIN SHfPOIP)(PIC). - T'I~D!C~ ~A l~Q 11 CUM3fQlo~r CC SH~~IFF5 r~PT ATTN:JOH~ ~ C0UG~FQTY, c:;~C TRAN5dr:1!lN tt':'<S-l-,: 1(170 ;'?AG ::',3G ~"., ~, ') .., ,~, '''', ,~ .' '-<...w... ' , qAG .'" 2 ;~: z:: ~ A',; ;'!)G 'tr..;;: r:~ Cl'-;~~ 1 I , POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL J.D. #:56027 BY: JARED M. SECHRIST J.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 ATTORNEYS FOR DEFENDANT ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC., d/b/a EPS OF VERMONT, INC Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 06-280 JURY TRIAL DEMANDED WILLIAM DAVIS and JULIE DAVIS, his wife, v. GENERAL CHEMICAL LLC, GENTEK, INC, ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC, d/b/a EPS OF VERMONT, INC, and CORCO CHEMICAL CORP., Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Environmental Products and Services of Vermont, Inc. d/b/a EPS of Vermont, Inc., and on whose behalf a jur trial is hereby demanded in the above-captioned matter. BY: .----~ -~ . . CERTIFICATE OF SERVICE I, Jared M. Sechrist, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 General Chemical. LLC 90 East Halesy Road Parsippany, NM 07054 GenTek, Inc. 90 East Halesy Road Parsippany, NJ 07054 Corco Chemical Corp. Tyburn Road and Cedar Lane Fairless Hills, P A 19030 POST & SCHELL, P.c. \ DATE: ~/0iR BY: ~ ~~ ARED 1ST, ESQUIRE Attorney I.D. No. 200665 POST & SCHELL, P.c. BY: GREGORY S. HIRTZEL LD. #:56027 BY: JARED M. SECHRIST LD. #:200665 1857 WILLIAM PENN WAY P.O. BOX ]0248 LANCASTER, PA 17605-0248 717-291-4532 ATTORNEYS FOR DEFENDANT ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC., d/b/a EPS OF VERMONT, INC. Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CIVIL ACTION - LAW NO: 06-280 JURY TRIAL DEMANDED WILLIAM DAVIS and JULIE DAVIS, his wife, v. GENERAL CHEMICAL LLC, GENTEK, INC., ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC., d/b/a EPS OF VERMONT, INC., and CORCO CHEMICAL CORP., Defendants. PRAECIPE TO THE PROTHONOTARY; Please enter a Rule upon Plaintiffs to file a Complaint within twenty (20) days hereof 0 suffer the entry of a Judgment of Non Pros. E Attorneys for Defendant RULE TO FILE COMPLAINT AND NOW, this J~ day of ';n1~ , 2006, a Rule is hereby grante upon Plaintiff to file a complaint herein within twenty (20) days after service hereof or suffe entry of judgment of non pros. /3/ 4""L /' .x;;,~ ProthonotaFy //!L ~--:'uL /<-: >>/'c; J.~.f ,\ 'I.'. POST & SCHELL, P.c. BY: GREGORY S. HIRTZEL J.D. #:56027 BY: JARED M. SECHRIST J.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 ATTORNEYS FOR DEFENDANT ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, fNC., d/b/a EPS OF VERMONT, fNC. WILLIAM DAVIS and JULIE DAVIS, his wife, COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CIVIL ACTION - LAW Plaintiff, v. NO: 06-280 JURY TRIAL DEMANDED GENERAL CHEMICAL LLC, GENTEK, fNC., ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, fNC., d/b/a EPS OF VERMONT, INC., and CORCO CHEMICAL CORP., Defendants. CERTIFICATE OF SERVICE I, Jared M. Sechrist, Esquire do hereby certify that I caused a true and correct copy 0 Defendant's Rule to File Complaint to be served upon Plaintiffs by placing the same in th United States Mail, First Class Delivery, on the date set forth below. POST & SCHELL, P.c. BY: ~-- \ ., -----...... M SE I T, ESQUIRE ttomeys for Defendant Environmental Products and Services ofVerrnont d/b/a EPS ofVerrnont, Inc. DA TE: 3/ C; Z/ 00 o r,_) c.-, c,~ ;-; c.:.:) <...:0" o -n -'..' r....; -,: CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 O/1/GIAttJl " ...,il4' IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM DAVIS & JULIE DAVIS, H/W TERM, CUMBERLAND -VS- CASE NO: 006-280 GENERAL CHEMICAL,LLC, GENTEK INC. ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JARED SECHRIST,ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/17/2006 Yf}? ~~~~ ~~HRIST,ESQ. (' 7/ Attorney for DEFENDANT ~ DEl1-620701 ~ 5 5 ~ 4 - L 0 ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM DAVIS & JULIE DAVIS, H(W TERM, -VS- CASE NO: 006-280 GENERAL CHEMICAL,LLC, GENTER INC. ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HMHTTC RESPONSE, INC. CUMBERLAND CO. OFFICE OF EMER. DEPT. OF ENVIRONMENTAL PRO. CUMBERLAND CO. LOCAL EMERGENCY OTHER OTHER OTHER OTHER TO: JOHN DOUGHERTY, ESQ., PLAINTIFF COUNSEL GENERAL CHEMICAL,LLC (PRO SE) GENTEK, INC. (PRO SE) CORCO CHEMICAL CORP (PRO SE) MCS on behalf of JARED SECHRIST, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03{27{2006 MCS on behalf of JARED SECHRIST,ESQ. Attorney for DEFENDANT CC: JARED SECHRIST,ESQ. - 1472-128320 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-32788215514-COl "'0 - all documents relating to the 12/8/04 incident that occurred at 100 Roadway Drive, Roadway Terminal, Carlisle, Pa, including: call logs, incident reports, investigation reports, notes relating to the services rendered, documents containing an identification of the responding employees to the incident at issue and all other documents relating to, or generated as a result of the incident. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM DAVIS & JULIE DAVIS File No, ()[" - ;) ,PC) vs. GENERAL CHEMICAL,LLC, GENTEK INC, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for HMHTTC RESPONSE INC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Grol\P Ino 1601 Market Street Suite 800 Philadelphia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JARED SECHRIST.ESO. 1857 WILLIAM PENN WAY POBOX 10248 LANCASTER PA 17605 TELEPHONE: (2]5) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY THE COURT: ~ k~ a<d4?' )72. ~T Pro! onotary/Clerk, Civil Divis~ ~ 44fJP? qJl~.. Deputy APR 1 7 2006 Date: fYl 'rifl. c.I ;) I A 00(,., I Seal of the Court , ~~ 1 ,t 1""\1 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HMHITC RESPONSE, INC. PO BOX 61281 HARRISBURG, PA 17105 RE: 15514 WILLIAM DAVIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. SEE A IT ACHED Subject: WILLIAM DAVIS SUI0-613680 ~55~4-LO~ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Oli/GINAL IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM DAVIS & JULIE DAVIS, H{W TERM, CUMBERLAND -VS- CASE NO: 006-280 GENERAL CHEMICAL,LLC, GENTEK INC. ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of JARED SECHRIST,ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 04/17/2006 : }1~ ,o"d( /,:" ~ --/ /' #~~a /~ARED SECHRIST,ESQ, Attorney for DEFENDANT DEl1-620702 ~ 5 5 ~4 -LO 2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM DAVIS & JULIE DAVIS, H{W TERM, -VS- CASE NO: 00G-280 GENERAL CHEMICAL,LLC, GENTEK INC. ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HMHTTC RESPONSE, INC. CUMBERLAND CO. OFFICE OF EMER. DEPT. OF ENVIRONMENTAL PRO. CUMBERLAND CO. LOCAL EMERGENCY OTHER OTHER OTHER OTHER TO: GENERAL CHEMICAL,LLC (PRO SE) JOHN DOUGHERTY, ESQ., PLAINTIFF COUNSEL GENTEK, INC. (PRO SE) CORCO CHEMICAL CORP (PRO SE) MCS on behalf of JARED SECHRIST,ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03{27{2006 MCS on behalf of JARED SECHRIST,ESQ. Attorney for DEFENDANT CC: JARED SECHRIST,ESQ. - 14 72 -128320 Any questions regarding this matter, contact THE MCS GROUP INC. IGOl MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 24G-0900 DE02-327883 15514-C02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM DAVIS & JULIE DAVIS FileNo, ()I~ - ,;JP(') vs. GENERAL CHEMICAL,LLC, GENTEK INC, ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CUMBERLAND CO OFFICE OF EMER (Name of Person or Entity) Within twenty (20) days after service ofthis subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The MCS Graun Ine 160] Market Street Suite ROO Philade]phia PA ]9]03 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JARED SECHRIST.ESO, 1857 WILLIAM PENN WAY PO BOX 10248 LANCASTER PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant BY THE COURT: Date: ,0?';:i () {" !--.-. d I ( ;).66(.., ro honotary/Clerk, Civil Dive hO~fl p ~g~ Deputy '--- Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND CO. OFFICE OF EMER. 1101 CLAREMONT ROAD CARLISLE, PA 17013 RE: 15514 WILLIAM DAVIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. A COPY OF THE COMPLETE INVESTIGATION FILE AS WELL AS ANY AND ALL DOCUMENTS RELATING TO THE 1218/04 INCIDENT THAT OCCURRED AT 100 ROAD- WAY DRIVE, ROADWAY TERMINAL, CARLISLE PA Subject: WILLIAM DAVIS SUI0-613682 ~55~4-L02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 Ot)ll'~ fA, r, f I UL.i ,,, oJ IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM DAVIS & JULIE DAVIS, H/W TERM, CUMBERLAND -VS- CASE NO: 006-280 GENERAL CHEMICAL,LLC, GENTEK INC, ET AL AS a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of JARED SECHRIST,ESQ, certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena, DATE: 04{17(2006 DEl1-620703 ~ 5 5 ~4 -LO 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM DAVIS & JULIE DAVIS, H{W TERM, -VS- CASE NO: 006-280 GENERAL CHEMICAL,LLC, GENTEK INC. ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HMHTTC RESPONSE, INC. CUMBERLAND CO. OFFICE OF EMER. DEPT. OF ENVIRONMENTAL PRO. CUMBERLAND CO. LOCAL EMERGENCY OTHER OTHER OTHER OTHER TO: GENTEK, INC. (PRO SE) JOHN DOUGHERTY, ESQ., PLAINTIFF COUNSEL GENERAL CHEMICAL,LLC (PRO SE) CORCO CHEMICAL CORP (PRO SE) MCS on behalf of JARED SECHRIST,ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03/27{2006 MCS on behalf of JARED SECHRIST,ESQ. Attorney for DEFENDANT CC: JARED SECHRIST,ESQ. - 1472-128320 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-327884 155~4-C03 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM DAVIS & JULIE DAVIS FileNo, ()l, - ,Jp() vs. GENERAL CHEMICAL,LLC, GENTEK INC. ET AI, SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for DEPT OF ENVIRONMENT AT. PRO (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: .... SEE ATTACHED RIDER .... at The MCS Group Ine ]60] Market Street Suite 800 Philadelnhia PA 19103 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JARED SECHRIST.ESO. 1857 WILLIAM PENN WAY PO BOX] 0248 LANCASTER. P A ] 7605 TELEPHONE: (215) 246.0900 SUPREME COURT ill #: ATTORNEY FOR: Defendant onotary/Clerk, Civil tV n P7f/)~7J C,--... /1/7 (h q Deputy Date: ('7":::1 M L. ;) I J CY)&, I Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: DEPT. OF ENVIRONMENTAL PRO. DEP SOUTH CENTRAL REGION 909 ELMERTON AVE HARRISBURG, PA 17110 RE: 15514 WILLIAM DAVIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. A COpy OF THE COMPLETE INVESTIGATION FILE AS WELL AS ANY AND ALL DOCUMENT RELATING TO THE 12/8/04 INCIDENT THAT OCCURRED AT 100 ROAD- WAY DRIVE., ROADWAY TERMINAL CARLISLE PA Subject: WILLIAM DAVIS , SUI0-613684 ~5514-L03 CERTIFICATE PURSUANT TO RULE 4009.22 O .I'lf r..~ ~.' ." . ',~ , j,',! n,Ui.l.:' PREREQUISITE TO SERVICE OF A SUBPOENA IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM DAVIS & JULIE DAVIS, H/W TERM, CUMBERLAND -VS- CASE NO: 006-280 GENERAL CHEMICAL,LLC, GENTEK INC. ET AL As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of JARED SECHRIST,ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 04/17/2006 frn beh ~ SECHRIST,ESQ. Attorney for DEFENDANT DEll-620704 ~55~4-L04 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS WILLIAM DAVIS & JULIE DAVIS, H{W TERM, -VS- CASE NO: 006-280 GENERAL CHEMICAL,LLC, GENTEK INC. ET AL NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 HMHTTC RESPONSE, INC. CUMBERLAND CO. OFFICE OF EMER. DEPT. OF ENVIRONMENTAL PRO. CUMBERLAND CO. LOCAL EMERGENCY OTHER OTHER OTHER OTHER TO: CORCO CHEMICAL CORP (PRO SE) JOHN DOUGHERTY, ESQ., PLAINTIFF COUNSEL GENERAL CHEMICAL,LLC (PRO SE) GENTEK, INC. (PRO SE) MCS on behalf of JARED SECHRIST,ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 03{27{2006 MCS on behalf of JARED SECHRIST,ESQ. Attorney for DEFENDANT CC: JARED SECHRIST,ESQ. - 1472-128320 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET #800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-327885 155~4-C04 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WILLIAM DAVIS & mLIE DAVIS FileNo, OlD - JPn vs. GENERAL CHEMICAL,LLC, GENTEK INC. ET AL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records for CUMBERLAND CO LOCAL EMERGENCY (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: **** SEE ATTACHED RIDER **** at The MCS Gratin Inc 1601 Market Street Suite 800 Philadelnhia PA 19101 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above, You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: ADDRESS: JARED SECHRIST.ESO, 1857 WILLIAM PENN WAY PO BOX 10248 LANCASTER PA 17605 TELEPHONE: (215) 246-0900 SUPREME COURT ID #: ATTORNEY FOR: Defendant Date: fY1 ';:u) r " ;) I .l Due I rothonotary/Clerk, Civil D;Vr!jl' '--- ~OdV 7f!M~Jc.,/ Deputy Seal of the Court 1~~14.04 .' . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: CUMBERLAND CO. LOCAL EMERGENCY PLANNING COMMITIEE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 RE: 15514 WILLIAM DAVIS Prior approval is required for fees in excess of $100.00 for hospitals, $50.00 for all other providers. A COPY OF THE COMPLEfE INVESTIGATION FILE AS WELL AS ANY AND ALL DOCUMENTS RELATING TO THE 12/8/041NClDENT THAT OCURRED AT 100 ROADWAY DRIVE, ROADWAY TERMINAL, CARLISLE, PA Subject: WILLIAM DAVIS , SUlO-613686 ~55~4-L04 ,\ --} .... L,J WILLIAM DAVIS AND JULIE DAVIS, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. NO. 06-280 GENERAL CHEMICAL LLC; GENTEK, INC.; ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC.; and CORCO CHEMICAL CORP., Defendants. JURY TRIAL DEMANDED CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 South Bedford Street Carlisle, PA 17013 Phone: 717-249-3166 or 800-990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de 10s proximos veinte (20) dias despues de 1a notificacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un falla por cua1quier suma de dinero reclamada en la demanda a cualquier otra reclamacion 0 remedio solicitado por e1 demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V AYA A LA SIGUlENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUlR UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, P A 17013 Phone: 717-249-3166 or 800-990-9108 WILLIAM DAVIS AND JULIE DAVIS, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs, NO. 06-280 GENERAL CHEMICAL LLC; GENTEK, INC.; ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC.; and CORCO CHEMICAL CORP., Defendants. JURY TRIAL DEMANDED CNIL ACTION - LAW COMPLAINT AND NOW, the Plaintiffs, William Davis and Julie Davis, by and through their attorneys, Ira H. Weinstock, P,C., submit this Complaint demanding judgment against the Defendants, General Chemical LLC; Gentek, Inc.; Environmental Products and Services of Vermont, Inc.; and Corco Chemical Corp., and, in support thereof, aver the following: 1. Plaintiff, William Davis, is an adult individual and citizen of the Commonwealth of Pennsylvania residing at 103 Shady Lane, Eno1a, Cumberland County, Pennsylvania, 17025. 2, Plaintiff, Julie Davis, is an adult individual and citizen of the Commonwealth of Pennsylvania residing at 103 Shady Lane, Enola, Cumberland County, Pennsylvania, 17025. 3, Defendant, General Chemical LLC, (hereinafter "General Chemical") is a corporation transacting business in the Commonwealth of Pennsylvania with a principle place of business located at 90 East Ha1esy Road, Parsippany, New Jersey, 07054. 4, Defendant, GenTek, Inc., (hereinafter "GenTek") is a company transacting business in the Commonwealth of Pennsylvania with a principle place of business located at 90 East Halesy Road, Parsippany, New Jersey, 07054. 5. Defendant, Environmental Products and Services of Vermont, Inc., d/b/a EPS of Verrnont, Inc" (hereinafter "EPS") is a corporation conducting business in the Commonwealth of Pennsylvania with a principle place of business located at 5100 Paxton Street, Harrisburg, Pennsylvania, 17111. 6, Defendant, Corco Chemical Corp., (hereinafter "Corco") is a corporation transacting business in the Commonwealth of Pennsylvania with a principle place of business located at Tyburn Road and Cedar Lane, Fairless Hills, Pennsylvania, 19030. 7, On December 8, 2004, Plaintiff, William Davis, was employed as a dock worker at Roadway Express at the Roadway facility located in Carlisle, Pennsylvania. 8. As part of the Plaintiffs duties and responsibilities, he serves as a h32ardous materials first responder with Roadway Express. 9. At approximately 3:00 p,m. on December 8, 2004, Plaintiff, William Davis, was asked by his Employer to respond to a possible hazardous material spill in a trailer located on the Roadway Express property. 10. Plaintiff, William Davis, responded to a trailer that contained twenty (20) fifty- five (55) gallon drums containing possible h32ardous materials and conducted a Litmus test indicating that there was a corrosive atmosphere in the trailer. 11, Plaintiff, William Davis, informed his Employer of the same and the Employer contacted Defendant, EPS to contain and clean up the spill. 12. At all times material hereto, Defendants, General Chemical and GenTek were the shippers of the h32ardous materials which were later identified as hydrofluoric acid. 2 13. At all times material hereto, Defendant, Corco was the consignee of the hazardous materials which were later identified as hydrofluoric acid. 14. At approximately 5:00 p,m., the Defendant, EPS responded with a hazardous materials team for the purposes of containing, securing and cleaning up the hazardous materials that were discovered on the trailer, 15. At all times material hereto, Defendant, EPS acted by and through its agents, servants and employees who were acting within the course of their employment and within the scope of their authority. 16. At approximately 8:00 p.m., Defendant, EPS purportedly finished their task and left the scene. 17. At approximately 9:00 p.m., Plaintiff, along with a co-worker, went to inspect the trailer that contained the hazardous materials that were purportedly cleaned, contained and secured by EPS, and when Plaintiff opened the trailer door, he inhaled hydrofluoric acid fumes which were caused by hydrofluoric acid that had continued to leak from the storage drums, 18, Defendant, EPS, was called again in an attempt to contain and secure the leaking hazardous materials. 19. Defendant, EPS, responded a second time, but was unable to fix the leaking storage drums and a second vendor was called to clean, contain and secure the hazardous materials, 20, As a result of Plaintiff, William Davis's, exposure to the hydrofluoric acid fumes, which was caused by the negligence of the Defendants, jointly and severally, Plaintiff, William 3 Davis, sustained various bodily injuries and damages which will be described in greater detail herein. 21, As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff, William Davis, sustained injuries, including but not limited to nose and throat burns, lung inflammation, laryngeal trauma, and gastric inflammation. 22. As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff, William Davis, has been obliged to receive and undergo medical attention and care and to incur various medical expenses for the injuries which he has suffered and he may be obliged to require in the future, medicines, medical care, hospitalization and treatment and may in the future be compelled to expend large sums of money and incur monetary obligations for such care and treatment. 23. As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff, William Davis, has been disabled for periods of time from performing his usual duties, occupations and vocations with a consequent loss of earnings, earning power and earning potential and has suffered and may continue to suffer aches, pains, mental anguish as well as limitation and restriction of his usual activities, pursuits and pleasures. 4 COUNT ONE - Plaintiff, William Davis, vs. Defendants, General Chemical LLC, GenTek, Inc., and Corco Chemical Corp. 24. The Plaintiff hereby incorporates by reference Paragraphs 1 through 23 as though set forth at length herein. 25. Defendants, General Chemical, GenTek, and Corco, were guilty of negligence, carelessness and/or recklessness in the following respects: (a) Failure to exercise due care in the handling, storage, inspection and/or transportation of h32ardous materials which are believed to be hydrofluoric acid which were within its control; (b) Failure to use adequate storage containers for the purposes of transporting h32ardous materials believed to be hydrofluoric acid; (c) Failure to use adequate materials to secure storage drums which were believed to contain h32ardous materials which created a dangerous condition; (d) Failure to warn Plaintiff, William Davis, of a dangerous condition caused by its negligence; (e) Violation of applicable standards, statutes, laws and/or ordinances regarding the transportation of h32ardous materials; (t) And such other negligent acts and/or omissions as will become evident in the course of discovery and trial. WHEREFORE, Plaintiff, William Davis, demands judgment in his favor and against the Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring 5 arbitration under the Rules of Cumberland County together with delay damages pursuant to the Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. COUNT TWO- Plaintiff, William Davis, vs. Defendant, Environmental Products and Services of Vermont, Inc. d/b/a EPS of Vermont, Inc. 26. The Plaintiff hereby incorporates by reference Paragraphs 1 through 25 as though set forth at length herein. 27. Defendant, EPS, was guilty of negligence, carelessness and/or recklessness in the following particular respects: (a) Failure to exercise due care in the handling, storage, inspection, cleaning, removal and/or disposal of hazardous materials believed to be hydrofluoric acid; (b) Failure to comply with the applicable standards, statutes, laws and/or ordinances which resulted in the creation of a dangerous condition; (c) Failure to warn Plaintiff, William Davis, of the aforesaid dangerous condition; (d) And such other negligent acts and/or omissions as will become evident in the course of discovery and trial. WHEREFORE, Plaintiff, William Davis, demands judgment in his favor and against the Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County together with delay damages pursuant to the 6 Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. COUNT THREE- Plaintiff, Julie Davis, vs. Defendants, General Chemical LLC, GenTek, Inc., Environmental Products and Services of Vermont, Inc. d/b/a ESP of Vermont, Inc. and Corco Chemical Corp. 28. The Plaintiff hereby incorporates by reference Paragraphs 1 through 27 as though set forth at length herein. 29. At all times material hereto, Plaintiff, Julie Davis, was the lawfully wedded wife of Plaintiff, William Davis. 30, As a result of the aforementioned injuries sustained by her husband, Plaintiff, William Davis, Plaintiff, Julie Davis, has been and may in the future be deprived of the care, companionship, consortium and society of her husband, all of which will be to her great detriment and claim is made therefore, WHEREFORE, Plaintiff, Julie Davis, demands judgment in her favor and against the Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County together with delay damages pursuant to the Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. 7 Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, P A 171 02 Phone: 717-238-1657 BY~ 15.4f: J HN B. DOUGHER Attorney I.D, No. 70680 8 COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) We verify that the statements made in the attached pleading are true and correct. We understand that false statements herein are made subject to the penalties set forth in 18 DATED: q- 21-() 10 WILLIAM DAVIS Pa.C.S. 94904 relating to unsworn falsification to authorities. DATED:..1a \0Q .~$1jM / .' JULIE DAVIS i / , ../" CERTIFICATE OF SERVICE AND NOW, this 3rd day of May, 2006, I, John B. Dougherty, Esquire, attorney for Plaintiffs, hereby certify that I served the within COMPLAINT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Jared M, Sechrist, Esquire POST & SCHELL, P.C, 1857 William Penn Way p, O. Box 10248 Lancaster, P A 17605-0248 General Chemical LLC 90 East Halesy Road Parsippany, NJ 07054 GenTek, Inc. 90 East Halesy Road Parsippany, NJ 07054 Corco Chemical Corp, Tyburn Road and Cedar Lane Fairless Hills, P A 19030 Byr16. ~ JOHN B. DOU ER _roo ,._, , C) C' (J .--(1 --1 ;-:1 "C, .. --ry -','- ('-) \ ?jJ -< C,) r POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I.D. #:56027 BY: JARED M. SECHRIST I.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 ATTORNEYS FOR DEFENDANT ENVIRONMENT AL PRODUCTS AND SERVICES OF VERMONT, INC., d/b/a EPS OF VERMONT, INC. Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO: 06-280 JURY TRIAL DEMANDED WILLIAM DAVIS and JULIE DAVIS, his wife, v. GENERAL CHEMICAL LLC, GENTEK, INC., ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC., d/b(a EPS OF VERMONT, INC., CORCO CHEMICAL CORP., Defendants. PRELIMINARY OBJECTIONS OF DEFENDANT ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT. INC. TO PLAINTIFFS' COMPLAINT Defendant, Environmental Products and Services of Vermont, Inc. d/b(a EPS of Vermont, Inc. [hereinafter "EPS"], by and through its attorneys, Post & Schell, P.C., hereby files the instant Preliminary Objections to Plaintiffs' Complaint, and in support thereof, states the following: 1, Plaintiffs, William Davis and Julie Davis, filed a Complaint in the instant negligence action on or about May 3,2006. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exbibit "A." 2. Specifically, Plaintiff William Davis claims he suffered injuries on December 8, 2004 when he entered a trailer that had housed a leaking container of hydrofluoric acid after EPS had attempted to remediate the leak. Plaintiff alleges that "Defendant, EPS, was guilty of negligence, carelessness and/or recklessness (emphasis added) in the following particular respects: (a) Failure to exercise due care in the handling, storage, inspection, cleaning, removal and/or disposal of hazardous materials believed to be hydrofluoric acid; (b) Failure to comply with the applicable standards, statutes, laws and/or ordinances which resulted in the creation of a dangerous condition; (c) Failure to warn Plaintiff, Williams Davis, of the aforesaid dangerous condition. (d) And such other negligent acts and/or omissions as will become evidence in the course of discovery and trial. See Exhibit A, '\[27. 3. Upon receipt of Plaintiffs Complaint, Counsel for Defendant notified counsel for Plaintiff that he had not alleged a set off acts that would support a claim forreck1essness/punitive damages, and sought to resolve the issue by agreement. However the parties have been unable to agree on this issue. 4. Additionally, Plaintiffs' allegation in paragraphs 27(b) and 27(d) are insufficiently specific, and should be stricken from the Complaint pursuant to Pa.R.C.P. 1028(a)(3). DEFENDANT'S DEMURRER TO PLAINTIFFS' ALLEGATIONS OF "RECKLESSNESS" SHOULD BE GRANTED WHERE THE COMPLAINT FAILS TO ALLEGE THE REOUlSITE CONDUCT NEEDED TO STATE A CLAIM FOR PUNITIVE DAMAGES. 5. The preceding paragraphs are incorporated herein by reference as if set forth at length. -2- 6. Under the Pennsylvania system of fact pleading, the pleader must define the issues; every act or performance essential to that end must be set forth in the Complaint. Miketic, MD. v. Baron, MD" et al., 450 Pa. Super. 91, 675 A,2d 324 (1996). 7. The question presented by the demurrer pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4) is whether, on the facts averred, the law says with certainty that no recovery is possible. Moser v. Heistand, 545 Pa. 554,559,681 A,2d 1322, 1325 (1996) quoting Vattimo v, Lower Bucks Hospital, Inc., 502 Pa. 241, 244, 465 A.2d 1231, 123233 (1983). 8. Pennsylvania has adopted the rule of punitive damages as set forth in section 908 of the Restatement (Second) of Torts and the comments thereto. Feld v. Merriam, 506 Pa. 383, 485 A.2d 742 (1984); Chambers v, Montgomery, 411 Pa. 339, 192 A.2d 355 (1963); Focht v, Rabada, 217 Pa. Super. 35, 268 A,2d 157 (1970). 9, Section 908 of the Restatement (Second) of Torts provides in part: (1) Punitive damages are damages, other than compensatory or nominal damages, awarded against a person to punish him for his outrageous conduct and to deter him and others like him from similar conduct in the future. (2) Punitive damages may be awarded for conduct that is outrageous, because of the defendant's evil motive or his reckless indifference to the rights of others. See also Martin v. Johns-Manville Corp., 508 Pa. 154,494 A,2d 1088, 1096-97 (1985) (punitive damages may be awarded only for conduct that is especially egregious or outrageous); Chambers v, Montgomery, 411 Pa. 399, 192 A,2d 355 (1963); Schecter v. Watkins, 395 Pa. Super. 363, 577 A,2d 585, 595 (1990) (The conduct must evince the defendant's evil motive or reckless indifference to the rights of others). 10, Comment b to section 908 states that because the purpose of punitive damages is not compensation of the plaintiff, but punishment and deterrence of the defendant, punitive -3- damages can be awarded only for conduct involving some element of outrage similar to that usually found in a crime, and are not awarded for mere inadvertence, mistake, errors of judgment and the like. Even conduct rising to the level of "gross negligence" is insufficient to support a claim for punitive damages. Restatement (Second) of Torts ~ 908, comment b. 11. The Pennsylvania Supreme Court has reiterated the exacting standards for a plaintiff to prevail on a claim for punitive damages. Specifically, the "[a]ssessment of punitive damages are proper when a person's actions are of such an outrageous nature as to demonstrate intentional, willful, wanton, or reckless conduct, and are awarded to punish that person for such conduct." SHV Coal. Inc. v, Continental Grain Co., 526 Pa. 489, 587 A.2d 702 (1991). 12, In the instant matter, Plaintiff has not alleged that EPS acted with evil motive. It must, therefore, be determined whether Defendants' alleged conduct demonstrates "reckless indifference. " 13. When determining whether a party's conduct shows a "reckless indifference to the rights of others," our Supreme Court has looked to section 500 of the Restatement (Second) of Torts, and the comments thereto. Id.. 14, Comment a to section 500 describes two distinct types of reckless conduct which represent very different mental states: 1. Where the actor "knows, or has reason to know of facts which create a high degree of risk of physical hann to another, and deliberately proceeds to act, or to fail to act, in conscious disregard of, or indifference to, that risk;" and 2. Where the actor "has such knowledge, or reason to know, of the facts, but does not realize or appreciate the high degree of risk involved, although a reasonable man in his position would do so." Restatement (Second) of Torts ~ 500, comment a. -4- 15. Under Pennsylvania law, only the first type of reckless conduct described in comment a to section 500 is sufficient to create a jury question on the issue of punitive damages. SHV Coal, 526 Pa. at 704-705. 16. In Field v. Philadelphia Elec. Co., 388 Pa, Super. 400, 565 A.2d 1170 (1989), the Superior Court described the standard to be used in assessing a punitive damage claim by holding that if the Defendant does not actually realize the high degree of risk involved, even though a reasonable man in his position would, the mental state required for the imposition of punitive damages under Pennsylvania law is not present. [d. at 1182. 17, Simply put, the Plaintiffs' claims against EPS hinge solely upon whether EPS acted in a non-negligent manner in remediating the chemical spill/leak. In no way does this case remotely warrant a claim for punitive damages. There are no facts pled in the Complaint to suggest that the Defendant or its un-named employee knew that their conduct created "a high degree of risk of physical harm to another. . . " or that Defendant "deliberately proceeded to act, or to fail to act, in conscious disregard of, or indifference to, that risk." Additionally, there are no facts alleged to demonstrate that punitive damages should be awarded so as to "punish" Defendant for its conduct in this matter. 18. As stated above, punitive damages can be awarded only in the most extreme cases for conduct involving some element of outrage similar to that usually found in crime. Clearly, the conduct of Defendants as alleged by Plaintiffs rises nowhere near this level of outrage. WHEREFORE, it is respectfully requested that this Honorable Court strike any and all allegations or recklessness or reckless conduct by Defendant EPS, with prejudice. -5- DEFENDANTS' DEMURRER TO PARAGRAPHS 27(b) & (d) IN THE FORM OF A MOTION TO STRIKE. 19. The preceding paragraphs are incorporated herein by reference as if set forth at length. 20. A preliminary objection in the nature of a demurrer admits as true all well- pleaded material, relevant facts. County of Allegheny v. Commonwealth, 507 Pa. 360, 490 A.2d 402 (1985). A demurrer will be sustained only when it appears with certainty that the law permits no recovery under the allegations pleaded. Daniel Adams Association Inc. v, Rimbach Publishing Inc" 287 Pa. Super. 74,429 A.2d 7826 (1981). 21. Pursuant to Pa.R.C.P. 1019(A), the plaintiff in a civil action must set forth in concise and summary form, the material facts on which its cause of action is based. Pa.R.C.P. 1019(A); see also Pa.R.C.P. 1028(A)(3); Connor v, Allegheny Hospital, 461 A.2d 600 (Pa. 1983), 22. Pennsylvania is a fact-pleading state; thus, a complaint "must not only apprise the defendants what the Plaintiff's claim is and the grounds upon which it rests, but must also formulate the issues by summarizing those facts essential to support the claim." Cassell v. Shellenberger, 356 Pa. Super. 101, 104,514 A.2d 163, 165 (1986). 23. Plaintiffs allege in support of their negligence claim at paragraph 27(b) that Defendant failed "to comply with the applicable standards, statutes, laws and/or ordinances which resulted in the creation of a dangerous condition." See Exhibit A ~ 27(b). Plaintiffs however, never offer any greater specificity as to which standards, statutes, laws and/or ordinances they reference. 24. Likewise, the allegations in paragraph 27(d) of the Complaint are bold conclusory statements utterly unsupported by any factual averments. To the extent that discovery reveals -6- additional acts of allegedly negligent conduct, Plaintiffs can seek to amend their Complaint to reflect their theories. However, as pled, these allegations are so open-ended and broad that Defendant cannot possibly reply to these claims or otherwise prepare a defense to them. 25. Respectfully, paragraphs 27(b) and (d) of the Complaint is so ambiguous as to be objectionable under the Pennsylvania Rules of Civil Procedure. Clearly, there are no avennents in this paragraph to identify the "standards, statutes, laws and/or ordinances" with which Defendant allegedly failed to comply. It is impossible for Defendant to respond to or defend against such vague and overly broad allegations; therefore, these allegations should be stricken from Plaintiffs' Complaint. Connor v. Allegheny Hospital, 461 A.2d 600 (Pa. 1983), WHEREFORE, it is respectfully requested that this Honorable Court enter an Order in the fonn proposed striking the allegations of recklessness and paragraphs 27(b) and (d) of Plaintiffs' Complaint, with prejudice. Respectfully Submitted, Post & Schell, P.C. Date: '> /z/o(, I ..----- -7- +,-.\C.L,0 (y~\b\t !r --------- WILLIAM DAVIS AND JULill DAVIS, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. NO. 06-280 GENERAL CHEMICAL LLC; GENTEK, INC.; ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC.; and CORCO CHEMICAL CORP., Defendants. JURY TRIAL DEMANDED CNIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TmS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT mRING A LAWYER. IF YOU CANNOT AFFORD TOmREA LAWYER,TmSOFFlCE MAYBE 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 South Bedford Street Carlisle, P A 17013 Phone: 717-249-3166 or 800-990-9108 ~1I.MA'f -.. '- A VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamad.a en la demanda 0 cualquier otra rec1amaci6n 0 remedio solicitado por el demandante puede ser dictadoen contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUlENTE OFlCINA. ESTA OFlCINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUlR UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFlCINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFlCAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, P A 17013 Phone: 717-249-3166 or 800-990-9108 WILLIAM DAVIS AND JULm DAVIS, his wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiffs, vs. NO. 06-280 GENERAL CHEMICAL LLC; GENTEK, INC.; ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC.; and CORCO CHEMICAL CORP., Defendants. JURY TRIAL DEMANDED CIVIL ACTION - LAW COMPLAINT AND NOW, the Plaintiffs, William Davis and Julie Davis, by and through their attorneys, Ira H. Weinstock, P.C., submit this Complaint demanding judgment against the Defendants, General Chemical LLC; Gentek, Inc.; Environmental Products and Services of Vermont, Inc,; and Corco Chemical CoIp., and, in support thereof, aver the following: 1. Plaintiff, William Davis, is an adult individual and citizen of the Commonwealth of Pennsylvania residing at 103 Shady Lane, Enola, Cnmberland County, Pennsylvania, 17025. 2. Plaintiff, Julie Davis, is an adult individual and citizen of the Commonwealth of Pennsylvania residing at 103 Shady Lane, Enola, Cumberland County, Pennsylvania, 17025. 3. Defendant, General Chemical LLC, (hereinafter "General Chemical") is a cOIporation transacting business in the Commonwealth of Pennsylvania with a principle place of business located at 90 East Halesy Road, Parsippany, New Jersey, 07054. 4, Defendant, GenTek, Inc., (hereinafter "GenTek") is a company transacting business in the Commonwealth of Pennsylvania with a principle place of business located at 90 East Halesy Road, Parsippany, New Jersey, 07054. 5, Defendant, Environmental Products and Services ofVennont, Inc., d/b/a EPS of Verrnont, Inc., (hereinafter "EPS") is a corporation conducting business in the Commonwealth of Pennsylvania with a principle place of business located at 5100 Paxton Street, Harrisburg, Pennsylvania, 17111. 6. Defendant, Corco Chemical Corp" (hereinafter "Corco") is a corporation transacting business in the Commonwealth of Pennsylvania with a principle place of business located at Tyburn Road and Cedar Lane, Fairless Hills, Pennsylvania, 19030. 7, On December 8, 2004, Plaintiff, William Davis, was employed as a dock worker at Roadway Express at the Roadway facility located in Carlisle, Pennsylvania. 8. As part of the Plaintiff's duties and responsibilities, he serves as a hazardous materials first responder with Roadway Express. 9. At approximately 3:00 p.m. on December 8, 2004, Plaintiff, William Davis, was asked by his Employer to respond to a possible hazardous material spill in a trailer located on the Roadway Express property. 10. Plaintiff, William Davis, responded to a trailer that contained twenty (20) fifty- five (55) gallon drums containing possible hazardous materials and conducted a Litmus test indicating that there was a corrosive atmosphere in the trailer. 11. Plaintiff, William Davis, infonned his Employer of the same and the Employer contacted Defendant, EPS to contain and clean up the spill. 12. At all times material hereto, Defendants, General Chemical and GenTek were the shippers of the hazardous materials which were later identified as hydrofluoric acid. 2 13. At all times material hereto, Defendant, Corco was the consignee of the hazardous materials which were later identified as hydrofluoric acid. 14. At approximately 5:00 p.m., the Defendant, EPS responded with a hazardous materials team for the purposes of containing, securing and cleaning up the hazardous materials that were discovered on the trailer. 15. At all times material hereto, Defendant, EPS acted by and through its agents, servants and employees who were acting within the course of their employment and within the scope of their authority. 16. At approximately 8:00 p.m., Defendant, EPS purportedly finished their task and left the scene. 17. At approximately 9:00 p.m., Plaintiff, along with a co-worker, went to inspect the trailer that contained the hazardous materials that were purportedly cleaned, contained and secured by EPS, and when Plaintiff opened the trailer door, he inhaled hydrofluoric acid fumes which were caused by hydrofluoric acid that had continued to leak from the storage drums. 18. Defendant, EPS, was called again in an attempt to contain and secure the leaking hazardous materials. 19. Defendant, EPS, responded a second time, but was unable to fix the leaking storage drums and a second vendor was called to clean, contain and secure the hazardous materials. 20. As a result of Plaintiff, William Davis's, exposure to the hydrofluoric acid fumes, which was caused by the negligence of the Defendants, jointly and severally, Plaintiff, William 3 Davis, sustained various bodily injuries and damages which will be described in greater detail herein. 21. As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff, William Davis, sustained injuries, including but not limited to nose and throat burns, lung inflammation, laryngeal trauma, and gastric inflammation. 22. As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff, William Davis, has been obliged to receive and undergo medical attention and care and to incur various medical expenses for the injuries which he has suffered and he may be obliged to require in the future, medicines, medical care, hospita1ization and treatment and may in the future be compelled to expend large sums of money and incur monetary obligations for such care and treatment. 23. As the direct and proximate result of the carelessness and negligence of the Defendants, jointly and severally, as described in the foregoing paragraphs of this Complaint, Plaintiff, William Davis, has been disabled for periods of time from performing his usual duties, occupations and vocations with a consequent loss of earnings, earning power and earning potential and has suffered and may continue to suffer aches, pains, mental anguish as wen as limitation and restriction of his usual activities, pursuits and pleasures. 4 COUNT ONE- Plaintiff, William Davis, vs. Defendants, General Chemical LLC, GenTek, Inc., and Corco Chemical Corp. 24. The Plaintiff hereby incorporates by reference Paragraphs I through 23 as though set forth at length herein. 25. Defendants, General Chemical, GenTek, and Corco, were guilty of negligence, carelessness and/or recklessness in the following respects: (a) Failure to exercise due care in the handling, storage, inspection and/or transportation of hazardous materials which are believed to be hydrofluoric acid which were within its control; (b) Failure to use adequate storage containers for the purposes of transporting hazardous materials believed to be hydrofluoric acid; (c) Failure to use adequate materials to secure storage drums which were believed to contain hazardous materials which created a dangerous condition; (d) Failure to warn Plaintiff, William Davis, of a dangerous condition caused by its negligence; (e) Violation of applicable standards, statutes, laws and/or ordinances regarding the transportation 0 f hazardous materials; (f) And such other negligent acts and/or omissions as will become evident in the course of discovery and trial. WHEREFORE, Plaintiff, William Davis, demands judgment in his favor and against the Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring 5 arbitration under the Rules of Cumberland County together with delay damages pursuant to the Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. COUNT TWO- Plaintiff, William Davis, vs. Defendant, Environmental Products and Services of Vermont, Inc. d/b/a EPS of Vermont, Inc. 26. The Plaintiff hereby incorporates by reference Paragraphs 1 through 25 as though set forth at length herein. 27. Defendant, EPS, was guilty of negligence, carelessness and/or recklessness in the following particular respects: (a) Failure to exercise due care in the handling, storage, inspection, cleaning, removal and/or disposal of hazardous materials believed to be hydrofluoric acid; (b) Failure to comply with the applicable standards, statutes, laws and/or ordinances which resulted in the creation of a dangerous condition; (c) Failure to warn Plaintiff, William Davis, of the aforesaid dangerous condition; (d) And such other negligent acts and/or omissions as will become evident in the course of discovery and trial. WHEREFORE, Plaintiff, William Davis, demands judgment in his favor and against the Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County together with delay damages pursuant to the 6 Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. COUNT THREE- Plaintiff, Julie Davis, vs. Defendants, General Chemical LLC, GenTek, Inc., Environmental Products and Services of Vermont, Inc. d/b/a ESP of Vermont, Inc. and Corco Chemical Corp. 28. The Plaintiff hereby incorporates by reference Paragraphs I through 27 as though set forth at length herein. 29. At all times material hereto, Plaintiff, Julie Davis, was the lawfully wedded wife of Plaintiff, William Davis. 30. As a result of the aforementioned injuries sustained by her husband, Plaintiff, William Davis, Plaintiff, Julie Davis, has been and may in the future be deprived of the care, companionship, consortium and society of her husband, all of which will be to her great detriment and claim is made therefore. WHEREFORE, Plaintiff, Julie Davis, demands judgment in her favor and against the Defendants, jointly and severally, for a sum in excess of the jurisdictional amount requiring arbitration under the Rules of Cumberland County together with delay damages pursuant to the Pennsylvania Rules of Civil Procedure, lawful interest, costs and such other relief the Court deems just and appropriate. 7 Respectfully Submitted IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, P A 171 02 Phone: 717-238-1657 BY.~ 13. t!-H J HN B. DOUGHER Attorney I.D. No. 70680 8 COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF DAUPHIN ) We verify that the statements made in the attached pleading are true and correct. We understand that false statements herein are made subject to the penalties set forth in 18 DATED: l.....I-1HHo WILLIAM DAVIS Pa.C.S. 94904 relating to unsworn falsification to authorities. DATED:~\~ .. &:S:1' .. ,J _/~\A',' \H0~ / / JULIE DAVIS , ' ; ./ , ..- ,/ ..~., ,~A' CERTIFICATE OF SERVICE AND NOW, this 3rd day of May, 2006, I, John B. Dougherty, Esquire, attorney for Plaintiffs, hereby certify that I served the within COMPLAINT this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Jared M. Sechrist, Esquire POST & SCHELL, P.C. 1857 William Penn Way P. O. Box 10248 Lancaster, P A 17605-0248 General Chemical LLC 90 East Halesy Road Parsippany, NJ 07054 GenTek, IDe. 90 East Halesy Road Parsippany, NJ 07054 Corco Chemical Corp. Tyburn Road and Cedar Lane Fairless Hills, PA 19030 By~I6.~ JOHN B. DOU R CERTIFICATE OF SERVICE I, Jared M. Sechrist, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, P A 17102 General Chemical, LLC 90 East Halesy Road Parsippany, NM 07054 GenTek, Inc. 90 East Halesy Road Parsippany, NJ 07054 Corco Chemical Corp. Tyburn Road and Cedar Lane Fairless Hills, P A 19030 POST & SCHELL, P.C. BY: DATE: S-~.? ~r;" / / D . SE T, ESQUIRE ttomey I. . o. 200665 (') ....., 0 "'" c c-=' -n ::--;.. C:l"" -c_l\~<: ;;lC ?,;:n ~-~ ..' 'P" -,..' -< ~ " - -U~ C .., . ~' U1 Ij, c- :._..1 _) -0 ~J::q ',":r -') :;$. ()r.~ p.' .-' 6'" r'.-- <f! -_.-t <~ N e -.. (.)1 ~ , ~~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court, CAPTION OF CASE (entire caption must be stated in full) WILLIAM DAVIS and JULIE DAVIS, his wife, Plaintiff, v. GENERAL CHEMICAL LLC, GENTEK, INC., ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC., d/b/a EPS OF VERMONT, INC., CORCO CHEMICAL CORP., Defendants. No. 06-0280, Term t, State matter to be argued (i.e, plaintiffs motion for new trial; defendant's demurrer to complaint, etc,): Defendant Environmental Products & Services of Verrnont, Inc.'s Preliminary Objections to Plaintiffs' Complaint. 2, Identity counsel who will argue case: (a) for plaintiff: John B. Dougherty IRA H. WEINSTOCK. P.C. Address: 800 North Second Street Harrisburg, P A 17102 (b) for defendant: Jared M. Sechrist, Esquire POST & SCHELL, P.C., Address: 1857 William Penn Way, Suite 101 P. O. Box 10248 Lancaster, P A 17605-0248 3, I will notity all parties in writing within two days that this case has been listed for argument. 4. Date: 72-/df, Attorney for: Environmental Products & Services of Vermont, Inc" d/b/a EPS of Vermont, Inc. . .. CERTIFICATE OF SERVICE I, Jared M. Sechrist, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. John B. Dougherty, Esquire IRA H. WEINSTOCK, P.C, 800 North Second Street Harrisburg, P A 17102 General Chemical, LLC 90 East Ha1esy Road Parsippany, NM 07054 GenTek, Inc. 90 East Halesy Road Parsippany, NJ 07054 Corco Chemical Corp. Tyburn Road and Cedar Lane Fairless Hills, P A 19030 POST & SCHELL, P.C. DATE: ~;;~1a6 { , ,..,. J D. SE ST, ESQUIRE ttorney J.D. NO.2 0665 (") ~ -0\-:::.; m ...) 2:!-! C~~ r-:: <: J.~ . .~~~, -7 ~ ....~1- '\. ...., = ,= cr- ::J: "'" -< o -n :r 0l:!J r- ~~ 1j-d ,,~1"i Om ,.... , ~ U1 -0 :x w N U1 WILLIAM E. DENGLER, ESQUIRE ATTORNEY FO DEFENDANT, Attorney LD. No: 72696 CORCO CHEMIC L CORP. LAW OFFICE OF JOHN P. HENDRZAK 3773 Corporate Center Parkway, Suite 180 Center Valley, P A 18034 610) 709-8705 WILLIAM DAVIS AND JULIE DAVIS, his CUMBERLAND OUNTY wife, COURT OF CO ON PLEAS v. GENERAL CHEMICAL LLC; GENTEK, INC.; NO.: 06-280 ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC.; and CORCO TRIAL BY JURY F 12 DEMANDED CHEMICAL CORP. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above captioned matter on ehalf of Defendant, Corco Chemical Corp. Respectfully submitted, LAW OFFICE OF JO P. HENDRZAK ESQUIRE orca Chemical Dated:~l?o ,,-> ~ e'.::::> =' ,- c: :;.;:,; o -n ~::D -oFn :.nO ~:) I. \~~~ 3m -\ ~ '< ~: (:"! \.0 WILLIAM E. DENGLER, ESQUIRE Attorney I.D. No: 72696 LAW OFFICE OF JOHN P. HENDRZAK 3773 Corporate Center Parkway, Suite 180 Center Valley, PA 18034 (610) 709-8705 WILLIAM DAVIS AND JULIE DAVIS, his wife, v. GENERAL CHEMICAL LLC; GENTEK, INC.; ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC.; and CORCO CHEMICAL CORP. ATTORNEY OR DEFENDANT, CORCO CHE ICAL CORP. CUMBERL COUNTY COURT OF C MMON PLEAS NO.: 06-280 TRIAL BY YOF12DE~D 0 = -n S a.... --t <, '-- :c -c: ,',: c:: l"n:!J 12;1 ~ -<"1~ Z=;' ~~,}_.\~_'~,._:". r?: ;,~. ' ',-. ~ '~~;C) :::,-,~.- 511' >-r c.:? ~ ::-;-:' 2?J ~-i :< ,< oJ:; DEMAND FOR JURY TRIAL Twelve (12) members, exclusive of alternates, are hereby emanded by Defendant, CORCO Chemical Corp., in the above captioned matt r. Dated: 573" Respectfully submit( d, LAW OFFICE OF J HN P. HENDRZAK WILLIAM E, DEN Attorney for Defend Corp. ER, ESQUIRE t, Corco Chemical 11. William Davis and Julie Davis, His Wife : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. General Chemica1l1c, Gentek, Inc. Environmental Products and Services of Vermont, Inc., d/b/aEPS of Vermont, Inc., Corco Chemical Corp. : NO. 06-0280 CIVIL TERM QlWER 9F COURT AND NOW, July 12, 2006, by agreement of counse~ the above-captioned matter is continued from the July 12, 2006 Argument Court list. Counsel is directed to relist the case when ready. )600 B. Dougherty, Esquire For the Plaintiff /ared M. Sechrist, Esquire For the Defendant ~ Edgar B. Bayley, 1. Court Administrator <\' () \9 (\\ D lkd v} o~ ~v L'.f ~tP \. { ~ 'O"~ 6of~?cPl i)~ O~f~ ~? \ ~ ~ . , , POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL I J.D. #:56027 I BY: JARED M. SECHRIST J.D. #:200665 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, P A 17605-0248 717-291-4532 ILLIAM DAVIS and JULIE DA VIS, his ife, Plaintiff, v. ENERAL CHEMICAL LLC, GENTEK, C., ENVIRONMENTAL PRODUCTS AND ERVICES OF VERMONT, INC., d/b/a EPS F VERMONT, INC., CORCO CHEMICAL ORP., Defendants. ATTORNEYS FOR DEFENDANT ENVIRONMENTAL PRODUCTS AND SERVICES OF VERMONT, INC., d/b/a EPS OF VERMONT, INe. COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A CIVIL ACTION - LAW NO: 06-280 JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark all claims and cross-claims in thitffiled in this action settled, discontinued and ended, with prejudice. John Dougherty, Esquire Attorney for am iffs BY' regory S. Hirtzel, Esquire Attorney for Defendant Environmental Products and Services, Inc., d/b/a EPS of Vermont, Inc. ... .'~ .... BY: M~ Mo.<... _ -~ Michael MacManus, Assistant General Counsel Attorney for Defendants General Chemical LLC and GenTek, Inc. BY: -2- William E. Dengler, Esq. Attorney for Defendant Corco Chemical Corp. 0sf3B/2006 13:B9 71 72911609 POST & SCHELL P.C. PAGE 03/03 " ""- BY: ~~ Mtk. . or:'"~ MIchael MacManust Assistant General Counsel Attorney for Defendants General Chemical LLC and GenTek. Inc. BY; William E. Dengler, Esq. Attorney for Defendant Corea Chemical Corp. -2- . . . CERTIFICATE OF SERVICE I, Gregory S. Hirtzel, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. John B. Dougherty, Esquire IRAH. WEINSTOCK, P.e. 800 North Second Street Harrisburg, PAl 71 02 William E. Dengler Law Office of John P. Hendrzak 3773 Corporate Center Parkway, Suite 180 Center Valley, P A 18034 Michael MacManus, Assistant General Counsel GenTek Inc. Legal Department 90 East Halsey Road Parsippany, NJ 07054 POST & SCHELL, . . I. . . '"J i I BY: DATE: 9/t.;!C6 o ~~ I":} t.':. t~) r";.. (~. "/ ~ r--,) = = 0" (/"J p, -0 N Cf' -0 3: ~ ~-rJI r11 1-:: -om .'by :~j S;1 .-.:- '~r't t~~Z (~) (':') rn ::C'-I dil :< ry o (.,;: