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Home My WebLink About02-2744EDWARD A. JAEGER, JR., ESQLrlRE WHITE AND WILLIAMS LLP By: Edward A. Jaeger, Jr. I.D. No.: 55668 1800 One Liberty Place Philadelphia, PA 19103 (215) 864-6322 Attorney for Plaintiff BON-TON DEPARTMENT STORES, INC. 2801 E. Market Street York, PA 17402 Plaintiff V. PARISI, INC. 305 Pheasant Run Newtown, PA 18940 and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. 29 Westminster Drive Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2744-CIVIL JURY TRIAL DEMANDED NOTICE TO DEFEND NOTICE You have been sued in court. If you wish to defend against the claims set foOla in the following pages, you must lake action within twenty (20) days after this complaint and notice are served, by entering a written appearance pe~omlly or by sttomey and filing in writing with the court y~r defemes 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 end 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 plainti~ YOU may lose meney or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF/CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA BAR ASSOCIATION CUMBERLAND COUNTY L4,WYER REFERRAL AND INFORMATION SERVICE 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AVISO Le han demandado a usted en la torte. Si usted quiere defenderse de es~as demendes expuestas en las p~ginas siguientes, usted tiene veinte (20) dias de plazo al pattir de la fecha de la demanda y la nntificaci6n. Hate falta asentar una comparesencia es~rita o en persona o con un abogado y entregar a la corte en forma escrita sos defensas o sus objecioms a las demandas en corara de su person~ Sea avisado qu¢ si usted no se defiende, la corte tomar/medidas y puede continuar la demanda en contra suya sin previo aviso 0 nnt~caci~. Adernis, la eo~e puede decidir a favor del demandante y requiere que usted eumpla cou ~xtas las provisiones de esia demunda. Usted puede perder dinero 0 sus propiedades u ntros dereehos imprntantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELI~FONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA AB,MO PAPA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEOAL. ASOCIACION DE LICENCIADOS DE PENNSYLVANIA SERVICIO DE REFERENCIA E INFORMACI~)N LEGAL 2 Liberty Avenue (717) 249-3166 Doc#: 1324990 vl TO~ Defendants You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or e judgment may be entered against you. Attorney for Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. 2801 E. Market Street York, PA 17402, Plaintiff Vo PARISI, INC. 305 Pheasant Run Newtown, PA 18940 and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. 29 Westminster Drive Carlisle, PA 17013, Defendants : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : : NO. 02-2744 CIVIL : JURY TRIAL DEMANDED 1. Plaintiff, Bon-Ton Department Stores, Inc. (hereinafter "Bon-Ton') is a corporation organized and existing under the laws of the State of Pennsylvania and, at all times relevant hereto, owned and operated a retail clothing store located at 3525 Gettysburg Road, Camp Hill, Pennsylvania. 2. Defendant, Parisi, Inc. (hereinafter "Parisi") is a corporation organized and Doc#: 1319173 vl existing under the laws of the State of Pennsylvania and, at all times relevant hereto, was engaged in the business of designing, manufacturing, marketing, selling and distributing commercial refrigeration equipment including, but not limited to, a chocolate dispensing machine known as the "Chocolatier." 3. Defendant, Cumberland Valley Refrigeration and Electrical Contractors, Inc. (hereinafter "Cumberland Valley"), is a corporation organized and existing under the laws of the State of Pennsylvania and, at all times relevant hereto, was engaged in the business of providing electrical and refrigeration services which included, but was not limited to, the maintenance, repair and service of commercial refrigeration units including, but not limited to, Chocolatiers manufactured by Parisi. 4. In 1996, Parisi manufactured, sold and delivered a Chocolatier dispenser to plaintiff which was positioned and plugged in by plaintiff's representatives at plaintiff's store. 5. Within one year from when the Chocolatier was purchased and installed, Cumberland was contracted by plaintiff to perfomt warranty work on the compressor for the Chocolatier. Plaintiff is not in possession of the contract. 6. On June 12, 2000, a fire originated within the Chocolatier or its components resulting in extensive water and smoke damage throughout plaintiff's store. 7. Upon information and belief, plaintiff entered into a contract with Parisi for the manufacture, sale and delivery of the above-referenced Chocolatier. Plaintiff is not in possession of the contract. 8. As a direct and proximate result of the above fire, plaintiff suffered substantial and permanent losses and damage to its property, repair expense, extra expenses, loss of Doc#: 1319173 vl 2 business and other incidental and consequential damages as a result of the fire. Plaintiff v. Defendant. Parisi. Inc. (Negligence) 9. Plaintiff incorporates by way of reference the averments contained within all previous paragraphs as though the same were fully set forth at length herein. 10. Defendant owed a duty of care to supply, manufacture, construct, design, assemble and sell the Chocolatier in a safe and proper manner in accordance with recognized industry standards so as to not cause harm to plaintiff. 11. The occurrence referred to above and consequent damage to plaintiff's property and expenses incurred relative thereto were caused by the negligent, reckless and/or careless acts and/or omissions of defendant, by and through its employees, agents, representatives, contractors and/or subcontractors, acting in the course and scope of their employment, which consisted of: (a) supplying a defective and dangerous Chocolatier which contained improper wiring; (b) failing to properly design the Chocolatier so as to not cause fires; (c) failing to follow proper, accepted assembly practices in the construction of Chocolatiers; (d) failing to construct the Chocolatier with the degree of skill which would customarily be brought by competent, skilled manufacturers and designers; (e) designing, manufacturing and/or supplying a dangerously defective product; (0 failing to discover and correct defects and dangers associated with the use of the Chocolatier; Doc#: 1319173 vl (g) failing to adequately and properly inspect and/or test the subject Chocolatier; (h) improperly misre presenting that the subject Chocolatier was safe for its intended use and purpose; (i) failing to provide adequate and proper instructions for the safe use of the Chocolatier; (j) failing to adequately and properly warn plaintiff of the dangers associated with t~e installation and use of the Chocolatier; and (k) failing to take al~reasonable and necessary precautions to ensure that the Chocolatier was Safe for use by the plaintiff. 12. As a direct and proximate result of defendant's acts and omissions, more fully described above, plaintiff suffered subslantial and permanent losses and damage to its real and personal property, as well as loss of business, incurred additional expenses, and other incidental and consequential damages in an amount in excess of $400,000. WHEREFORE, plaintiff, Bon-T6n Department Stores, Inc., hereby demands judgment in its favor and against defendants in aniamount in excess of $50,000 together with interest, delay damages and such other damages as may be properly awarded by the Court. Plaintiff v. Defendant. ParisL lnc, (Strict Liability) 13. Plaintiff incorporates by x~ay of reference the averments contained within all previous paragraphs as though the same ~ere fully set forth at length herein. 14. Defendant, Parisi, designed, manufactured, distributed and/or otherwise supplied and placed into the stream of c~nunerce the Chocolatier in a dangerously defective condition. : 15. Doc#: 1319173 vl The Chocolatier was sold ~nd/or supplied to plaintiff in the same dangerously 4 defective condition in which it left defendant's possession and/or control. 16. The fire which occurred on June 12, 2000 and the resulting damage to plaintiff's property was caused by and resulted from the acts and/or omissions of defendant, Parisi, by and through its agents, servants, representatives, subcontractors and/or employees, acting within the course and scope of their employmem, for which Parisi is strictly liable pursuant to Section 402(A) of the Restatement (Second) of Torts, as a result of: (a) supplying a defective and dangerous Chocolatier which contained improper wiring; failing to properly design the Chocolatier so as to not malfunction and cause a fire; (c) failing to follow proper, accepted assembly practices in the construction of Chocolatiers; (d) failing to construct the Chocolatier with the degree of skill which would customarily be brought by competent, skilled manufacturers and designers; (e) designing, manufacturing and/or supplying a dangerously defective product that malfunctioned; (0 failing to discover and correct the defects and dangers associated with the use of the Chocolatier; (g) failing to adequately and properly inspect and/or test the subject Chocolatier; (h) improperly misrepresenting that the subject Chocolatier was safe for its intended use and purpose; (i) failing to provide adequate and proper instructions for the safe use of the Chocolatier; O) failing to adequately and properly warn plaintiff of the dangers associated with the installation and use of the Chocolatier; and Doc#: 1319173 vl (k) failing to take all reasonable and necessary precautions to ensure that the Chocolatier was safe for use by the plaintiff. 17. As a direct and proximate result of defendant's acts and omissions, more fully described above, for which defendant is strictly liable, plaintiff suffered substantial and permanent losses and damage to its real and personal property, as well as loss of business, incurred additional expenses, and other incidental and consequential damages in an amount in excess of $400,000. WHEREFORE, plaintiff, Bon-Ton Department Stores, Inc., hereby demands judgment in its favor and against defendants in an amount in excess of $50,000 together with interest, delay damages and such other damages as may be properly awarded by the Court. Plaintiff v. Defendant. Parisi. Inc. IBroaeh of Warranty) 18. Plaintiff incorporates by way of reference the averments contained within all previous paragraphs as though the same were fully set forth at length herein. 19. In designing, manufacturing and/or distributing the Chocolatier, Parisi warranted that the Chocolatier was reasonably fit for the purpose and use intended and was of merchantable quality. 20. Parisi breached the above-referenced warranties by inter alia, designing, manufacturing and/or distributing a product which was defective and not of merchantable quality or reasonably fit for the purpose and use intended. 21. As a direct and proximate result of defendant's acts and/or omissions, more fully described in Paragraph 11 which is incorporated herein by reference, plaintiff suffered substantial and pet,ssanent losses and damages to its real and personal property, as well as loss Doc#: 1319173 vl 6 of business, incurred additional expenses and other incidental and consequential damages in an amount in excess of $400,000. WHEREFORE, plaintiff, Bun-Ton Departmem Stores, Inc., hereby demands judgmem in its favor and against defendants in an amoum in excess of $50,000 together with imerest, delay damages and such other damages as may be properly awarded by the Court. Plaintiff v. Defendant,. Parisi, Inc. (Breach of Contract) 22. Plaintiff incorporates by way of reference the averments contained within all previous paragraphs as though the same were fully set forth at length herein. 23. Plaintiff duly performed all terms, covenants and condition on its part pursuant to its contract with Parisi for the design, sale and distribution of the Chocolatier product to plaintiff's store. 24. At the time of Parisi's manufacture, design and delivery of the Chocolatier, Parisi knew that plaintiff relied upon Parisi to supply a product that was in conformance with applicable standards and regulations and was fit for its intended purpose and use and was of merchantable quality. 25. The above mentioned fire and resulting damages to plaintiff were caused by and resulted from the breach of contract by Parisi, by and through its agents, servants, representatives, subcontractors and/or employees. Said breach of contract was caused by the following acts and/or omissions: (a) supplying a defective and dangerous Chocolatier which contained improper wiring; Doc#: 1319173 vl (b) failing to properly design the Chocolatier so as to not cause fires; (c) failing to follow proper, accepted assembly practices in the construction of Chocolatiers; (d) failing to construct the Chocolatier with the degree of skill which would customarily be brought by competent, skilled manufacturers and designers; (e) designing, manufacturing and/or supplying a dangerously defective product; (f) failing to discover and correct defects and dangers associated with the use of the Chocolatier; (g) failing to adequately and properly inspect and/or test the subject Chocolatier; (h) (i) improperly misrepresenting that the subject Chocolatier was safe for its intended use and purpose; failing to provide adequate and proper instructions for the safe use of the Chocolatier; O) (k) failing to adequately and properly warn plaintiff of the dangers associated with the installation and use of the Chocolatier; and failing to take ail reasonable and necessary precautions to ensure that the Chocolatier was safe for use by the plaintiff. 26. As a direct and proximate result of defendant's acts and omissions, more fully described above, defendant breached its contract and plaintiff suffered substantial and permanent losses and damage to its real and personal property, as well as loss of business, incurred additional expenses, and other incidentai and consequential damages in an amount in excess of $400,000. WHEREFORE, plaintiff, Bon-Ton Department Stores, Inc., hereby demands judgment in its favor and against defendants in an amount in excess of $50,000 together with interest, Doc#: 1319173 vi delay damages and such other damages as may be properly awarded by the Court. Plaintiff v. Defendant. Cumberland Valley Refrigeration and 1Z, i~ctrical Coa~ractors. lnc, 27. Plaintiff incorporates by way of reference the averments contained within all previous paragraphs as though the same were fully set forth at length herein. 28. Upon information and belief, Cumberland Valley perfo~.ned warranty work on the Chocolatier prior to the above-referenced fire. 29. The above-referenced fire and consequent damage to plaintiff and expenses incurred relative thereto were caused by and resulted from the negligent, careless and reckless acts and/or omissions of defendant, their employees, agents, servants, representatives, contractors, subcontractors, subagents and/or workmen acting in the course and scope of their employment. Said acts and/or omissions consisted of: (a) failing to properly test and inspect the Chocolatier to ensure that it was in proper working order; (b) (c) (d) (e) (0 failing to apply to the work the degree of skill which would customarily be brought to such work by competent, skilled contractors; failing to select or retain competent, experienced workmen and/or employees to perfomi the work in a safe manner; failing to perform the work in a good and workmanlike manner; failing to inspect the wiring, power cords and electrical components to ensure they were in accordance with the manufacturer's specifications; failing to discover and correct defects and dangers associated with the use of the Chocolatier; and (g) failing to adequately and properly warn plaintiff of the dangers associated with the installation and use of the Chocolatier. Doc#: 1319173 vl 30. As a direct and proximate result of defendant's acts and omissions, more fully described above, plaintiff suffered substantial and permanent losses and damage to its real and personal property, as well as loss of business, incurred additional expenses, and other incidental and consequential damages in an amount in excess of $400,000. WHEREFORE, plaintiff, Bon-Ton Department Stores, Inc., hereby demands judgment in its favor and against defendants in an amount in excess of $50,000 together with interest, delay damages and such other damages as may be properly awarded by the Court. COUNT VI Plaintiff v. Defendant. Cumherland Valley Refrigeration and Electrical Contractors. Inc (Breach of Contract) 31. Plaintiff incorporates by way of reference the avem~ents contained within all previous paragraphs as though the same were fully set forth at length herein. 32. Upon information and belief, plaintiff contracted with Cumberland Valley to perform warranty work on the Chocolatier prior to the above-referenced fire. Plaintiff is not in possession of the contract. 33. Plaintiff duly performed all terms, covenants and conditions on its part pursuant to its contract with Cumberland for the repair and/or service of the Chocolatier. 34. The above mentioned fire and resulting damages to plaintiff were caused by and resulted from the breach of contract by Cumberland Valley, by and through its agents, servants, representatives, subcontractors and/or employees. Said breach of contract was caused by the following acts and/or omissions: (a) failing to properly test and inspect the Chocolatier to ensure that it was in proper working order; Doc#: 1319173 vl 10 (b) (c) (d) (e) (f) failing to apply to the work the degree of skill which would customarily be brought to such work by competent, skilled contractors; failing to select or retain competent, experienced workmen and/or employees to perform the work in a safe manner; failing to perfomi the work in a good and workmanlike manner; failing to inspect the wiring, power cords and electrical components to ensure they were in accordance with the manufacturer's specifications; failing to discover and correct defects and dangers associated with the use of the Chocolatier; and (g) failing to adequately and properly warn plaintiff of the dangers associated with the installation and use of the Chocolatier. 35. As a direct and proximate result of defendant's acts and omissions, more fully described above, defendant breached its contract and plaintiff suffered substantial and permanent losses and damage to its real and personal property, as well as loss of business, incurred additional expenses, and other incidental and consequential damages in an amount in excess of $400,000. WHEREFORE, plaintiff, Bon-Ton Depasiment Stores, Inc., hereby demands judgment in its favor and against defendants in an amount in excess of $50,000 together with interest, delay damages and such other damages as may be properly awarded by the Court. Plaintiff v. Defendant. Cumberland Valley Refrigeration and Electrical Contractors. Inc, (Breach of Warranty) 36. Plaintiff incorporates by way of reference the averments contained within all previous paragraphs as though the same were fully set forth at length herein. 37. In servicing, maintaining and/or repairing the Chocolatier, Cumberland Valley Doc#: 1319173 vl 11 warranted that the Chocolatier would be serviced, repaired and/or maintained in a reasonably fit manner for its intended purpose and use and was of merchantable quality. 38. Cumberland Valley breached the above-referenced warranties by inter alia, servicing, repairing and/or maintaining the product in a manner which failed to conform with standards applicable to reasonably prudent contractors performing similar work as Cumberland Valley. 39. As a direct and proximate result of defendant's acts and/or omissions, more fully described in Paragraph 29, which is incorporated herein by reference, plaintiff suffered substantial and permanent losses and damages to its real and personal property, as well as loss of business, incurred additional expenses and other incidental and consequential damages in an amount in excess of $400,000. WHEREFORE, plaimiff, Bon-Ton Department Stores, Inc., hereby demands judgmem in its favor and against defendants in an amount in excess of $50,000 together with interest, delay damages and such other damages as may be properly awarded by the Court. WHITE ~Edw~rd 8o repartment Sto~es, Inc. Doc#: 1319173 vl 12 L James Darhower, hereby state that the statements mad~ i.n the foregoing Corapi~iut true and corr~-t to ~ b~ of my imowi~i~e, information and belief, I lmderst~nd that the statem~m~ m,de th~i~ are subje~! to ~h~ l~ti~s o~ 18 Pa, C.$.A. §4904 rel~ting to unsworn faisifi~ation to authorities. Datcd: 7-31~o2 DOC/: I}i")l'~ vt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY BON-TON DEPARTMENT STORES, INC.: 2801 E. Market Street York, PA 17402 Plaintiff PARISI, INC. 305 Pheasant Run Newtown, PA 18940 AND CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. 29 Westminster Drive Carlisle, PA 17013 Defendants NO: ~)a~-- 4'7~ ~ PRAECIPE FOR WRIT OF SUMMONS PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in favor of Bon-Ton Department Stores, Inc. and against both Parisi, Inc. and Cumberland Valley Refrigeration and Electrical Contractors, Inc. Date: PROTHONOTARY By: Edwarci A~' Ja g~Jr' ~ (-J I.D. No.: 55668 ATTORNEY FOR PLAINTIFF, BON-TON DEPARTMENT STORES, INC. WHITE AND WILLIAMS LLP 1800 One Liberty Place Philadelphia, PA 19103 (215) 864-6322 Doc#: 130 5894 vi COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CIVIL ACTION -- LAW BON-TON DEPARTMENT STORES, INC.: 2801 E. Market Street : York, PA 17402 Plaintiff PAR/SI, INC. 305 Pheasant Run Newtown, PA 18940 CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. 29 Westminster Drive Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No: WRIT OF SUMMONS IN To PARISI. INC and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS. INC.: You are notified that Bon-Ton Department Stores, Inc., the plaintiff, has commenced an action against you. DOC#: 130 5893 vl By ~ ~onot~' ~~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-02744 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BON-TON DEPARTMENT STORES INC VS PARISI INC ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: PARISI INC , Sheriff or Deputy Sheriff who being search and but was unable to locate Them deputized the sheriff of BUCKS serve the within WRIT OF SUMMONS in his bailiwick. County, He therefore Pennsylvania, to On June 27th , 2002 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep Bucks County 18.00 9.00 10.00 48.00 .00 85.00 06/27/2002 WHITE AND WILLIAMS So answer R. T Sheriff of Cumberland County Sworn and subscribed to before me this ~ day o~/~ A.D. - ProthonOtary CASE NO: 2002-02744 SHERIFF'S RETURN - P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BON-TON DEPARTMENT STORES INC VS PARISI INC ET AL REGULAR HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CUMBERLAND VALLEY REFRIG & ELECTRICA2~ CONTP~ACTORS the DEFEND~uNT , at 1607:00 HOURS, on the 7th day of June at 499 PETERSBURG ROAD , 2002 CARLISLE, PA 17013 by handing to EDDIE DASHER, OWNER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 19.45 Sworn and Subscribed to before me this ~ day of othonotary' ~ ' So Answers: R. Thomas Kline 06/27/2002 WHITE AND WILLIAMS By: Deputy Sher'i f f TI~5:2~:02 SHB~i=F$ DF=ICE LAWRENCE R. MICNAEL$, ADMINISTRATION BUILDING OOYLESTOWN, PA 16901 SUCKS MISC DOCKET ~ Z002 31813 LOCATI]N. OUT OF COONTY SHE~I=F CLASS: ASSUMPSIT SHERIFF'S RETURN OF SERVICE SHERIFf'S OFFICE CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE PA 17013 ATTN:WILLIAMS LLP WHITE AND PLAINTIFF / DEFENDANT BON-TON DEPT. STORES, INC. VS. PARISI, INC. 305 PHEASANT RUN NEWTOWN, PA 189¢0 / 06052002 COMPLAINT - CIVIL A~ION RECEIVED FROM CUMBERLAND COUNTY SHERIFF'S JON ATT: WHITE AND WILLIAMS LLP 0610Z002 RECEIVED IN SH~IFF~S OFFICE FOR SERVICE. TRANSACTION #02-1-08290 JON AMOUNT PAID 06192002 SHERIFFeS RETURN, UNDER OATH, FILED. OEPUTY WALTMAN AT 10~5 A.M. JON SERVED DEFENdANT(S) PURSUANT TO PA.R.C.P. SERVED DEFT. PARISI, INC. BY PERSONALLY HANDING TO LORI WELCH, PER- JON SON IN CHARGE OF BUSINESS. 06Z02002 INVOICE MAILED TD CUMBERLAND COUNTY SHERIFF'S JON ATT:' WHITE AND WILLIAMS LLP TRANSACTION #02-1-08290 ENO OF CASE In The CoUrt of Common Pleas of Cumberland County, Pennsylvania Bon-Ton Department Stores, Inc. VS. Parisi, Inc. et al SERVE: Parisi, Inc. No. 02 2744 civil NOW, June 6, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of ~ucks County t6 execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20 ,at o'clock M. served the upon by handing to and madeknownto copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ~ 20__ Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Bucks County Case # invoice to be mailed to (~Lt[n~]-at~(~ _ County Sheriff's Office Attn, of _~n"it-,= RnA ~ll~m: or DUPLICATE RECEIPT RECEIPT # 2882 1 08298 TRANSACTION # SM 2082 31613 FOR C CUMBERLAND SHER 0~/11/2802 12:30 PC #0019401 48 00 TOTAL pAID 48.00 TOTAL COST 45 00 CHANGE 0.00 THANK YOU AMM MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 ~610) 565-3950 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. Plaintiff PARISI, INC. And CUMBERLAND : VALLEY REFRIGERATION AND ELECTRICAL: CONTRACTORS, INC. : Defendants : NO. 02-2744 CIVIL ENTRY OF APPEARANCE TO THEPROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Ounberland Valley Refrigeration and Electrical Contractors, Inc., in connection with the above-captioned matter. ttSEPH M. DeMARCO, ESQUIRE orney for Defendant Cumberland Valley Refrigeration and Electrical Contractors, Inc. MARCH, HURWITZ & DcMARCO, P.C. BY: JOSEPH M. DcMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN 'rH~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. Plaintiff V. PARISI, INC. And CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL: CONTRACTORS, INC. : Defendants : NO. 02-2744 CIVIL PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon Plaintiff to file a Complaint within twenty (20) days of service hereof or suffer a judgment of non pros. /JOSEP~M. DeMAR"C'O, ESQUIRE Attor~y for Defendant Cumberland Valley Refrigeration and Electrical Contractors, Inc. MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 {610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. Plaintiff Vo PARISI, INC. And CUMBERLAND : VALLEY REFRIGERATION AND ELECTRICAL: CONTRACTORS, INC. : Defendants : NO. 02-2744 CIVIL TO PLAINTIFF, BON-TON DEPARTMENT STORES, INC.: You are hereby notified to file a Complaint in the above-captioned matter within twenty days (20) days of service hereof or a judgment of non pros. o ~ -~P~ono MARCH, HURWITZ & DeMARCO P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN 'I'I~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIl, ACTION - LAW BON-TON DEPARTMENT STORES, INC. Plaintiff Vo PARISI, INC. And CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants NO. 02-2744 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAB TO THE PLAINTIFFS: You are hereby notified to plead to the enclosed Answer with New Matter and Cross Claims within Twenty days (20) days of service hereof or a be entered against yon M. DeMARCO, J~0~SEPH ESQUIRE ~rney for CUMBERLAND VALLEY MARCH, HURWlTZ & DeMARCO ATTORNEYS AT LAW · 17 WEST THIRD STREET · P.O. BOX 108 · MEDIA, PENNSYLVANIA 19063 MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. Plaintiff V. : PARISL INC. And CUMBERLAND : VALLEY REFRIGERATION AND ELECTRICAL: CONTRACTORS, INC. : Defendants : NO. 02-2744 CIVIL JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND CROSS CLAIME 1. Denied. After reasonable investigation, Answering Defendant is without information sufficiem with which to admit or deny the veracity of the avermems of this Paragraph. Strict proof, if relevam, is demanded at trial. 2. Denied. After reasonable investigation, Answering Defendant is without infommtion sufficiem with which to admit or deny the veracity of the averments of this Paragraph. Strict proof, if relevant, is demanded at triM. 3. Admitted. 4. Denied. After reasonable investigation, Answering Defendant is without information sufficiem with which to admit or deny the veracity of the avermems of this Paragraph. Strict proof, if relevam, is demanded at trial. 5. Denied as stated. Answering Defendant is without infmmation sufficient with which to admit or deny the veracity of the avermem that Plaintiff does not possess a copy of "the contract". It is admitted that Answering Defendant was called to perform work on the idemified unit. Answering Defendant performed such work and prepared an invoice, a copy of which is attached and labeled Exhibit "A". It is admitted that this invoice was paid by Parisi. No other "written comract" exists to the best of Answering Defendam's understanding. 6. Denied. After reasonable investigation, Answering Defendant is without information sufficiem with which to admit or deny the veracity of the averments of this Paragraph. Strict proof, if relevant, is demanded at trial. 7. Denied. After reasonable investigation, Answering Defendant is without information sufficient with which to admit or deny the veracity of the avermems of this Paragraph. Strict proof, if relevant, is demanded at trial. 8. Denied. After reasonable investigation, Answering Defendant is without info~ttmtion sufficiem with which to admit or deny the veracity of the avermems of this Paragraph. Strict proof, if relevant, is demanded at trial. 9.-26. The avei-~,~ents contained in these Paragraphs are addressed to a Defendant other than Answering Defendant. Answering Defendant therefore believes it has no obligation to respond to these averments. 27. Denied. Answering Defendant incorporates herein by reference as though fully set forth at length the averments contained in Paragraphs 1-26 of its Answer with New Matter and Cross Claims. 28. Denied as stated. It is admitted that Cumberland Valley performed work on the relevant unit on one occasion prior to the date the fire is alleged to have occurred. It is also admitted that Cumberland Valley was paid by Parisi for this work. Answering Defendant is uncertain as to the meaning of the allegation "warranty work" and therefore is unable to respond to the same. 29. Denied. Certain averments contained in Paragraph 29 are conclusions of law to which no response is required. It is denied that the referenced fire and/or any alleged consequent damages have any causal relationship to any action and/or inaction on the part of Answering Defendant. It is denied Answering Defendant was in any fashion negligent, careless or reckless. It is denied that any employee, agent, servant, representative, contractor, subcontractor, subagem and/or workmen of the Answering Defendant, acting in the course and/or scope of their employmem with Defendant, is in any fashion liable for relevant evems. (a) Denied. It is denied that Answering Defendam is liable for any alleged failing to properly test and/or inspect the Chocolatier to insure that it was in proper working order. By way of further response, Answering Defendant fully complied with its obligations. (b) Denied. It is denied that Answering Defendant is liable for any alleged failure to apply to the work the degree of skill which would customarily be brought to such work by competent skilled contractors. By way of further response, it is denied that Answering Defendant breached any duty. (c) Denied. It is denied that Answering Defendant is liable for any alleged failure to select and/or retain competent or experienced workmen and/or employees to perfoi-m work in a safe manner. By way of further response, it is denied that Answering Defendant breached any duty owed to Plaintiffs. (d) Denied. It is denied that Answering Defendant failed to perform work in a good and/or workmanlike manner. (e) Denied. It is denied that Answering Defendant is liable for any alleged failing to inspect the wiring, power cords and/or electrical components to insure that they were in accordance with the manufacturer's specifications. By way of further response, it is denied that Answering Defendant breached any duty allegedly owed to Plaintiff. (f) Denied. It is denied that Answering Defendant is liable for any alleged failure to discovery and/or correct defects and/or dangers associated with the use of the Chocolatier. (g) Denied. It is denied that Answering Defendant is liable for any alleged failure to adequately and/or properly warn Plaintiff of any alleged dangers associated with the installation and use of the Chocolatier. 30. Denied. It is denied that there is any direct and/or proximate result between any action and/or inaction on the part of the Answering Defendant and any of the events described above. With respect to the remaining allegations in this Paragraph, after reasonable investigation, Answering Defendant is without information sufficient with which to admit or deny the veracity of same, and strict proof thereof is demanded at trial, if relevant. WHEREFORE, Answering Defendant respectfully requests this Honorable Court enter judgment in its favor. 31. Denied. Answering Defendant incorporates herein by reference as though fully set forth at length the averments contained in Paragraphs 1 through 30 of its Answer with New Matter and Cross Claims. 32. Denied. Answering Defendant is without infmmation sufficient with which to admit or deny the veracity of the averment that Plaintiff does not possess a copy of any alleged contract with Answering Defendant. It is admitted that Defendant Cumberland Valley performed work on the Chocolatier on one occasion prior to the alleged fire. Answering Defendant has attached hereto its invoice prepared as a result of this work. Answering Defendant was paid by Parisi for such work. Answering Defendant is uncertain as to the meaning of the te,m "warranty work" and therefore is unable to address the same. 33. Denied. The avetlnems contained in Paragraph 33 comain conclusions of law to which no response is required. 34. Denied. Certain averments contained in Paragraph 34 are conclusions of law to which no response is required. It is specifically denied that Answering Defendant, through any of its actions and/or inactions, caused the referenced fire and/or resulting damages to Plaintiff. It is denied that Answering Defendant breached any contract which it had with Plaintiff. It is denied that Answering Defendant, through its agents, servants, representatives, subcontractors, and/or employees breached any such contract. (a) Denied. It is denied that Answering Defendant is liable for any alleged failing to properly test and/or inspect the Chocolatier to insure that it was in proper working order. By way of further response, Answering Defendant fully complied with its obligations. (b) Denied. It is denied that Answering Defendant is liable for any alleged failure to apply to the work the degree of skill which would customarily be brought to such work by competent skilled contractors. By way of further response, it is denied that Answering Defendant breached any duty. (c) Denied. It is denied that Answering Defendant is liable for any alleged failure to select and/or retain competent or experienced workmen and/or employees to perform work in a safe manner. By way of further response, it is denied that Answering Defendant breached any duty owed to Plaimiffs. (d) Denied. It is denied that Answering Defendant failed to perform work in a good and/or workmanlike manner. (e) Denied. It is denied that Answering Defendant is liable for any alleged failing to inspect the wiring, power cords and/or electrical components to insure that they were in accordance with the manufacturer's specifications. By way of further response, it is denied that Answering Defendant breached any duty allegedly owed to Plaintiff. (f) Denied. It is denied that Answering Defendant is liable for any alleged failure to discovery and/or correct defects and/or dangers associated with the use of the Chocolatier. (g) Denied. It is denied that Answering Defendant is liable for any alleged failure to adequately and/or properly warn Plaintiff of any alleged dangers associated with the installation and use of the Chocolatier. 35. Denied. It is denied that there is any direct and/or proximate result between any action and/or inaction on the part of the Answering Defendant and any of the events described above. With respect to the remaining allegations in this Paragraph, after reasonable investigation, Answering Defendant is without information sufficient with which to admit or deny the veracity of same, and strict proof thereof is demanded at trial, if relevant. 36. Denied. Answering Defendant incorporates herein by reference as though fully set forth at length the averments contained in Paragraph 1 through 35 of its Answer with New Matter and Cross Claims. 37. Denied. Certain averments comained in Paragraph 37 are conclusions of law to which no response is required. To the extent said allegations in this Paragraph are deemed factual, it is specifically denied that the unit was serviced, repaired, and/or maimained in anything other than a reasonably fit manner for its intended purpose and use and was of merchantable quality. 38. Denied. Certain averments contained in Paragraph 38 are conclusions of law to which no response is required. To the extent said allegations are deemed factual, it is specifically denied that Answering Defendant breached any alleged warranty made to Plaintiffs. It is denied that Answering Defendant serviced, repaired and/or maintained in the product in a manner which failed to conform with standards applicable to reasonably prudent contractors performing similar work as Cumberland Valley. 39. Denied. It is denied that there is any direct and/or proximate result between any action and/or inaction on the part of the Answering Defendant and any of the events described above. With respect to the remaining allegations in this Paragraph, after reasonable investigation, Answering Defendant is without info~,ation sufficient with which to admit or deny the veracity of same, and strict proof thereof is demanded at trial, if relevant. With respect to remaining allegations, Answering Defendant incorporates the averments of paragraph 29 as if fully set forth herein at length. WHEREFORE, Answering Defendant respectfully requests this Honorable Court enter judgment in its favor. NEW MATTER 40. Answering Defendant incorporates herein by reference as though fully set forth at length the averments contained in paragraph 1 through 40 of its Answer with New Matter and Cross Claims. 41. The Plaintiff may have assumed the risk. 42. Plaintiff may have been negligent to such an extent as to bar and/or reduce its recovery. 43. The incident at issue may have been due to the conduct of individuals and/or entities over whom Answering Defendant has no control. 44. Defendant Cumberland Valley had no duty to go beyond the scope of its contractual obligations. 45. Defendant Cumberland Valley fully performed in accordance with its obligations under its contract. 46. Any damages sustained by the Plaintiff may have been due to the actions and/or inactions of entities over whom Answering Defendant had no control. 47. The Plaintiff's claims may be barred by the Statute of Limitations. 48'. Any alleged warranty claim may be barred by a failure to give timely notice. WHEREFORE, Answering Defendant respectfully requests this Honorable Court enter Judgment in its favor. CROSSCLAIM AGAINST DEFENDANT PARISI, INC., PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2252(d) 49. The averments of the preceding paragraphs 1 through 48 of Answering Defendant's Answer with New Matter and Cross Claims are incorporated herein by reference as though fully set forth at length. 50. Without admitting the veracity of the same, the avet'ments of Plaintiff's Complaint with respect to allegations against Parisi, Inc. are incorporated herein by reference as though fully set forth at length. 51. Without admitting any liability on its own behalf, the other Defendant, Parisi, Inc. is solely liable to the Plaintiff, liable over to Defendant Cumberland Valley Refrigeration and Electrical Comractors, or joimly and/or severally liable with Defendam, Cumberland Valley Refrigeration and Electrical Contractors. 52. If Answering Defendant is held liable to Plaintiff for all or part of such damages as Plaintiff may have suffered, any such liability being expressly denied, the other Defendam is liable to Answering Defendant by way of contribution and/or indemnity. WHEREFORE, Answering Defendant respectfully request this Honorable Court enter Judgmem in their favor. By: M~ITZ & DeMARCO Z VERIFICATION I, .L~C~ ~,f~%~..r' , verify that the statements made in the foregoing Answer to Complaint with New Matter and Cross Claims are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: on behalf of CUMBERLAND VALLEY REFRIGERATION Aod ELECTRICAL CONTRACTORS, INC. MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. Plaintiff PARISI, INC. And CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL: CONTRACTORS, INC. : Defendants : NO. 02-2744 CIVIL CERTIFICATE OF SERVICE I, JOSEPH M. DeMARCO, ESQUIRE, do hereby certify that on the ~._.~ day of August, 2002, I served a true and correct copy of Defendant CUMBERLAND VALLEY REFRIG. AND ELECTRICAL CONTR., INC.'s Answer to Complaim with New Matter and Cross Claims to the individuals listed below, by depositing in a sealed envelope into Regular First Class Mail: Parisi, Inc. 305 Pheasant Run Newtown, PA 18940 By: Edward A. Jaeger, Jr., Esquire White & Williams 1800 One Liberty Place /~~ 19103-7395 M/~H, ISJd'RWITZ~ DeMARCO: Todd B. Narvol, Esquire Identification Number: 42136 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Counsel for Defendant, Parisi, Inc. BON-TON DEPARTMENT STORES, INC. : IN THE COURT OF COMMON PLEAS Plaintiff PARISI, INC. AND CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants : CUMBERLAND COUNTY : : No. 02-2744-CIVIL . : : JURY TRIAL DEMANDED : : ENTRY OF APPEARANCE To the Prothonotary: Please enter the appearance of Todd B. Narvol and Thomas, Thomas & Haler, LLP as counsel for Defendant Parisi, Inc. in the above matter. Respectfully submitted, Thomas, Thomas & Hafer, LLP d B. Narv~l, I.D. No. 42136 305 N. Front Street POB 999 Harrisburg, PA 17108-0999 Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. : COURT OF COMMON PLEAS 2801 E. Market Street : CUMBERLAND COUNTY York, PA 17402, : Plaintiff : V. : NO. 02-2744 CIVIL PARISI, INC. : 305 Pheasant Run : Newtown, PA 18940 : and : CUMBERLAND VALLEY REFRIGERATION: JURY TRIAL DEMANDED AND ELECTRICAL CONTRACTORS, INC. : 29 Westminster Drive : Carlisle, PA 17013, : Defendants : REPLY OF PLAINTIFF TO THE NEW MATTER OF DEFENDANT. CUMBERLAND V~i,i,Ey REFRIGERATION AND ELECTRICAL CONTI~CTORS. INC. Plaintiff, Bon Ton Department Stores, Inc., by and through their attorneys, White and Williams LLP, hereby replies to the New Matter of defendant, Cumberland Valley Refrigeration and Electrical Contractors, Inc., in accordance with the numbering thereof, as follows: 41-48. Said averments are denied as conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; hence, strict proof thereof is demanded at trial. WHEREFORE, plaintiff, Bon Ton Department Stores, Inc., demands judgment in its favor, together with reasonable counsel fees and costs. Doc#: 1333160 vl I, EDWARD A. JAEGER, JR., hereby state that the statements made in the foregoing Reply of Plaintiff to the New Matter of Defendant, Cumberland Valley Refrigeration and Electrical Contractors, Inc. are true and correct to the best of my knowledge, information and belief. I understand that statements made therein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsifications to authorities. Doc#: 1333160vl CERTIFICATE OF SERVICE I, Edward A. Jaeger, Jr., Esquire, hereby certify that on August ~ , 2002, I served true and correct copies of the foregoing Reply of Plaintiff to the New Matter of Defendant, Cumberland Valley Refrigeration and Electrical Contractors, Inc., by first class United States Mail, postage pre- paid, upon the following individuals: Joseph M. DeMarco, Esquire March, Hurwitz & DeMarco 17 West Third Street P.O. Box 108 Media, PA 19063 Parisi, Inc. 305 Pheasant Run Newtown, PA 18940 Doc#: 1333160 vl Todd B. Narvol, Esquire Identification Number: 42136 Thomas, Thomas & Haler, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Counsel for Defendant, Parisi, Inc. BON-TON DEPARTMENT STORES, INC. Plaintiff v. PARISI, INC. AND CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 02-2744-CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to plead to the enclosed New Matter within twenty (20) days of service hereof or the relief requested may be entered against you. Date: September 18, 2002 THOMAS, THOMAS & HAFER, LLP Todd B. Narvol~ I.D. No. 42136 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Todd B. Narvol, Esquire Identification Number: 42136 Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Counsel for Defendant, Parisi, Inc. BON-TON DEPARTMENT STORES, INC. : IN THE COURT OF COMMON PLEAS Vo Plaintiff PARISI, INC. AND CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. CUMBERLAND COUNTY : : No. 02-2744-CIVIL : : : JURY TRIAL DEMANDED : Defendant : ANSWER AND NEW MATTER WITH CROSSCLAIM OF D~FENDANT, PARISI, INC. 1. Admitted upon information and belief. 2. Denied. Answering Defendant Parisi, Inc. (hereinafter ~Parisi") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. Answering Defendant Parisi, Inc. is in the business of manufacturing commercial chocolate display cases, including the "Godiva Walk-Around Unit", incorrectly referred to as the "Chocolatier.- 3. This paragraph is directed toward a party other than Answering Defendant Parisi, and no response on the part of Answering Defendant is required. 4. Denied pursuant to Pa.R.C.P. 1029(e). Answering Defendant Parisi manufactured the Godiva Walk-Around Unit in 1996, and the Godiva Walk-Around Unit was delivered to Plaintiff in 1996. After reasonable investigation, Answering Defendant Parisi is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph, and proof thereof is demanded at trial. 5. Denied pursuant to Pa.R.C.P. 1029(e) . This paragraph is directed toward a party other than Answering Defendant Parisi, and therefore, no response on the part of Answering Defendant Parisi is required. By way of further answer, Answering Defendant Parisi is without knowledge or information sufficient to form a belief as to the truth of averment that Plaintiff entered into a contract with Defendant Cumberland, that said contract was for the performance of ~'warranty work", or that Plaintiff is not in possession of said contract, and proof thereof is demanded at trial. 6. Denied pursuant to Pa.R.C.P. 1029(e). Answering Defendant Parisi denies that the fire originated within the Godiva Walk-Around Unit or its components. After reasonable investigation, Answering Defendant Parisi is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph, and proof thereof is demanded at trial. 7. Denied pursuant to Pa.R.C.P. 1029(e) . Answering Defendant Parisi denies that it entered into any contract with Plaintiff for the manufacture, sale and delivery of the Godiva Walk-Around Unit. 8. Denied pursuant to Pa.R.C.P. 1029(e). Denied further as a conclusion of law to which no response is required. After reasonable investigation, Answering Defendant Parisi is without knowledge or information sufficient to form a belief as to any losses, damages or expenses suffered by Plaintiff, and proof thereof is demanded at trial. COUNT I - PLAINTIFF v. PARISI, INC. NEGLIGENCE 9. Denied pursuant to Pa.R.C.P. 1029(e). Answering Defendant incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1 through 8 of this Answer and New Matter with Crossclaim. 10. Denied pursuant to Pa.R.C.P. 1029(e). Denied further as a conclusion of law to which no response is required. By way of further answer, Answering Defendant Parisi denies that it owed a duty to Plaintiffs, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was not supplied, designed, manufactured, constructed, assembled and sold in a safe and proper manner in accordance with any and all recognized industry standards. 11. Denied pursuant to Pa.R.C.P. 1029(e) . Denied further as a conclusion of law to which no response is required. By way of further answer, Answering Defendant Parisi denies that it was negligent, reckless and/or careless. (a) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was defective or dangerous, or that it contained improper wiring. (b) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was improperly designed. (c) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that it failed to follow proper, accepted assembly practices in the construction of the Godiva Walk-Around Unit. (d) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that it failed to construct the Godiva Walk-Around Unit with the degree of skill which would customarily be brought by competent, skilled manufacturers and designers. (e) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant denies that the Godiva Walk- Around Unit was dangerous or defective. (f) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant denies that the Godiva Walk- Around Unit was defective or dangerous. (g) Denied pursuant to Pa.R.C.P. 1029(e). (h) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant denies it made any misrepresentation, or that the Godiva Walk-Around Unit was not safe for its intended use and purpose. (i) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant denies that it did not provide Plaintiff with adequate and proper instructions. (j) Denied pursuant to Pa.R.C.P. 1029(e) . By way of further answer, Answering Defendant denies that the Godiva Walk- Around Unit was dangerous. Answering Defendant Parisi denies that it did not provide Plaintiff with adequate instructions and warnings. (k) Denied pursuant to Pa.R.C.P. 1029(e) . By way of further answer, A~swering Defendant Parisi denies that the Godiva Walk-Around Unit was not safe for use by the Plaintiff, or that Answering Defendant Parisi failed to take any reasonable or necessary precautions. 12. Denied pursuant to Pa.R.C.P. 1029(e). After reasonable investigation, Answering Defendant Parisi is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. WHEREFORE, Defendant, Parisi, Inc., demands judgment in its favor, together with all applicable court costs. COIIRT II - PLAINTIFF v. PARISI, INC. STRICT LIABILITY 13. Denied pursuant to Pa.R.C.P. 1029(e). Answering Defendant incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1 through 12 of this Answer and New Matter with Crossclaim. 14. Denied pursuant to Pa.R.C.P. 1029(e). Denied further as a conclusion of law to which no response is required. By way of further answer, Answering Defendant Parisi, Inc. denies that the Godiva Walk-Around Unit was dangerous or defective. 15. Denied pursuant to Pa.R.C.P. 1029(e). Answering Defendant Parisi denies that the Godiva Walk-Around Unit was dangerous or defective. After reasonable investigation, Answering Defendant Parisi is without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph, and proof thereof is demanded at trial. 16. Denied pursuant to Pa.R.C.P. 1029(e). Denied further as a conclusion of law to which no response is required. (a) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was defective or dangerous, or that it contained improper wiring. (b) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was improperly designed. (c) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that it failed to follow proper, accepted assembly practices in the construction of the Godiva Walk-Around Unit. (d) Denied pursuant to Pa.R.C.P. 1029(e) . By way of further answer, Answering Defendant Parisi denies that it failed to construct the Godiva Walk-Around Unit with the degree of skill which would customarily be brought by competent, skilled manufacturers and designers. (e) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was dangerous or defective. (f) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was defective or dangerous. (g) Denied pursuant to Pa.R.C.P. 1029(e). (h) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that it made any misrepresentation, or that the Godiva Walk-Around Unit was not safe for its intended use and purpose. (i) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that it did not provide Plaintiff with adequate and proper instructions. (j) Denied pursuant to Pa.R.C.P. 1029(e) . By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was dangerous. Answering Defendant Parisi denies that it did not provided Plaintiff with adequate instructions and warnings. (k) Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was not safe for use by the Plaintiff, or that Answering Defendant Parisi failed to take any reasonable or necessary precautions. 17. Denied pursuant to Pa.R.C.P. 1029(e). After reasonable investigation, Answering Defendant Parisi is without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph, and proof thereof is demanded at trial. WHEREFORE, Defendant, Parisi, Inc., demands judgment in its favor, together with all applicable court costs. COUNT III - PLAINTIFF v. PARISI, INC. BREACH OF WARRANTY 18. Denied pursuant to Pa.R.C.P. 1029(e). Answering Defendant Parisi incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1 through 17 of this Answer and New Matter with Crossclaim. 19. Denied pursuant to Pa.R.C.P. 1029(e) . By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was not fit for the purpose intended or was not of merchantable quality. 20. Denied pursuant to Pa.R.C.P. 1029(e) . Denied further as a conclusion of law to which no response is required. By way of further answer, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was dangerous, was not of merchantable quality or was not fit for the purpose and use intended. 21. Denied pursuant to Pa.R.C.P. 1029(e). Denied further as a conclusion of law to which no response is required. Answering Defendant Parisi incorporates by reference as though fully set forth herein the averments and denials contained in paragraph 11. After reasonable investigation, Answering Defendant Parisi is without knowledge or information sufficient to form a belief as to the damages and losses alleged, and proof thereof is demanded at trial. WHEREFORE, Defendant, Parisi, Inc., demands judgment in its favor, together with all applicable court costs. COUNT IV - PLAINTIFF v. PARISI, INC BREACH OF CONTRACT 22. Denied. Answering Defendant Parisi incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1 through 21 of this Answer and New Matter with Crossclaim. 23. Denied. Denied as a conclusion of law that there was a contract. Answering Defendant Parisi denies that any contract existed between Plaintiff and Answering Defendant Parisi for the design, sale or distribution of the Godiva Walk-Around Unit. To the extent that any such contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that Plaintiff duly performed all terms, covenants and conditions under said contract. 24. Denied. Denied as a conclusion of law that there was a contract. Answering Defendant Parisi denies that any contract existed between Plaintiff and Answering Defendant Parisi for the manufacture, design and delivery of the Godiva Walk-Around Unit. To the extent that any such contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was not in conformance with applicable standards and regulations or was not fit for its intended purpose and use, or was not of merchantable quality. Answering Defendant denies that Plaintiff relied upon Answering defendant Parisi. 25. Denied as a conclusion of law to which no response is required. Denied further that Answering Defendant Parisi breached any contract with regard to the Godiva Walk-Around Unit. (a) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was defective or dangerous, or that it contained improper wiring. (b) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was improperly designed. (c) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that it failed to follow proper, accepted assembly practices in the construction of the Godiva Walk-Around Unit. (d) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that it failed to construct the Godiva Walk-Around Unit with the degree of skill which would customarily be brought by competent, skilled manufacturers and designers. (e) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was dangerous or defective. (f) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was defective or dangerous. (g) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that it failed to adequately and properly inspect the Godiva Walk-Around Unit. (h) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that it made any misrepresentation, or that the Godiva Walk-Around Unit was not safe for its intended use and purpose. (i) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that it did provide Plaintiff with adequate and proper instructions. (j) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was dangerous. Answering Defendant Parisi denies that it did not provide Plaintiff with adequate instructions and warnings. (k) Denied. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi denies that the Godiva Walk-Around Unit was not safe for use by the Plaintiff, or that Answering Defendant Parisi failed to take any reasonable or necessary precautions. 26. Answering Defendant Parisi denies that it breached any contract between Plaintiff and Answering Defendant Parisi with regard to the Godiva Walk-Around Unit. After reasonable investigation, Answering Defendant Parisi is without knowledge or information sufficient to form a belief as to losses and damages alleged, and proof thereof is demanded at trial. WHEREFORE, Defendant, Parisi, Inc., demands judgment in its favor, together with all applicable court costs. COUNT V - PLAINTIFF v. CUMB~DLAND_ VALLEY REFRIGERATION ELECTRICAL COntRACTORS, INC. NEGLIGENCE 27. Answering Defendant Parisi incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1-26 of this Answer and New Matter With Crossclaim. 28. - 30. These paragraphs are directed toward a party other than Answering Defendant Parisi, and therefore, no response on the part of Answering Defendant Parisi is required. WHEREFORE, Defendant, Parisi, Inc., demands judgment in its favor, together with all applicable court costs. COUNT VI - PLAINTIFF v. CUMBERLAND VAr. T.Ey REFRIGERATION Ai~7~ ELECTRICAL CONTRACTORS, INC. BREACH OF CONTRACT 31. Answering Defendant Parisi incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1-30 of this Answer and New Matter With Crossclaim. 32. - 35. These paragraphs are directed toward a party other than Answering Defendant Parisi, and therefore, no response on the part of Answering Defendant Parisi is required. WHEREFORE, Defendant, Parisi, Inc., demands judgment in its favor, together with all applicable court costs. COUNT VII - PLAINTIFF v. CIIMB~T~AND__ VALLEY REFRIGERATION A/~.~. ELEC='RICAL CONTRACTORS, INC. BREACH OF WARRANTY 36. Answering Defendant Parisi incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1-35 of this Answer and New Matter With Crossclaim. 37. - 39. These paragraphs are directed toward a party other than Answering Defendant Parisi, and therefore, no response on the part of Answering Defendant Parisi is required. WHEREFORE, Defendant, Parisi, Inc., demands judgment in its favor, together with all applicable court costs. NEW MATTER 40. Answering Defendant Parisi incorporates by reference as though fully set forth herein the averments and denials contained in paragraphs 1-39 of this Answer and New Matter with Crossclaim. 41. Any and all damages, injuries and losses allegedly sustained by Plaintiff were due to the negligence and carelessness of Plaintiff, and such conduct serves to reduce or bar Plaintiff's recovery pursuant to the terms of the Pennsylvania Comparative Negligence Act, 42 Pa.C.S. §7102. 42. The Godiva Walk-Around Unit was not the cause of, or a substantial factor in causing the fire. 43. No act or omission of Answering Defendant Parisi was the cause of, or a substantial factor in causing the fire. 44. No product allegedly designed, manufactured, fabricated and sold by Answering Defendant Parisi was the proximate cause of any injuries or damages sustained by the Plaintiff. 45. Any damages or injuries allegedly sustained by the Plaintiff were proximately caused by individuals and entities other than Answering Defendant Parisi, including, but not limited to Plaintiff, and others. 46. If the Godiva Walk-Around Unit was the cause of the fire, which is strictly denied, then it was because Plaintiff, or some other third party, subjected the Godiva Walk-Around Unit to unauthorized and/or unreasonable alteration, modification, misuse or abuse, after it left the possession of Answering Defendant, Parisi, Inc. 47. The unauthorized and/or unreasonable alteration, modification, misuse or abuse of the Godiva Walk-Around Unit was not foreseeable by Answering Defendant, Parisi, Inc. 48. The Godiva Walk-Around Unit was properly manufactured and in proper operating condition at the time that it was delivered to Plaintiff. 49. At the time that the Godiva Walk-Around Unit was delivered to Plaintiff, it was safe and free from any defects and was accompanied by instructions and warnings which rendered the product safe for its intended use as well as any reasonably foreseeable use. 50. After the Godiva Walk-Around Unit left the possession of Parisi, Inc., and prior to the fire, the Godiva Walk-Around Unit was materially and substantially altered by Plaintiff, or some other third party. 51. The material and substantial alteration of the Godiva Walk-Around Unit was not foreseeable by Defendant, Parisi, Inc. 52. The Plaintiff, through its agents, servants, and employees, knew or should have known of the substantial and material alteration of the Godiva Walk-Around Unit. 53. The Plaintiff knew or should have known of the dangerous condition created by the alteration of the Godiva Walk-Around Unit. 54. Any damages, losses and/or injuries allegedly sustained by Plaintiff were caused in whole or in part by the conduct of Plaintiff, in: (a) Failing to read and follow instructions, notices and warning accompanying the Godiva Walk-Around Unit. (b) Failing to use the Godiva Walk-Around Unit for the purpose for which it was designed and intended. (c) Modifying the Godiva Walk-Around Unit in a manner unauthorized by the manufacturer, which modifications resulted in substantial changes to the Godiva Walk-Around Unit. (d) Altering the Godiva Walk-Around Unit in a manner unauthorized by the manufacturer, which alteration resulted in a substantial change to the product. 55. Plaintiff may have assumed the risk of its own injury. 56. The Plaintiff spoliated material physical evidence, including but not limited to the following ways as may be determined by discovery, by not retaining or preserving the carpeting or the power cord and then destroying or permitting the destruction of those items - all of which unduly prejudiced answering Defendant's ability to defend itself against this lawsuit. 57. The Plaintiff had access to the fire scene in the days following the June 12, 2000 fire. 58. Plaintiff hired an investigator to examine the fire scene. 59. Plaintiff's investigator removed components from the fire scene. 60. Plaintiff and Plaintiff's investigator did not remove from the fire scene the power cord that supplied the Godiva Walk-Around Unit, or any remnants of the carpeting. 61. Subsequently, the fire scene was repaired and restored. 62. Neither the Plaintiff nor Plaintiff's investigator gave answering Defendant an opportunity to inspect the fire scene or the physical evidence in situ. 63. Answering Defendant had no post-fire opportunity to inspect the power cord or the carpeting. 64. Plaintiff's claims may be barred by the statute of limitations as set forth in the Pennsylvania Judicial Code and/or under the Lamp v. Heyman doctrine. 65. Plaintiffs fails to properly plead a cause of action for a breach of warranty. 66. In the alternative, Answering Defendant, Parisi, Inc., breached no warranty to Plaintiff. 67. In the further alternative, no warranty or breach thereof, denied as aforesaid, caused Plaintiff's alleged injuries and damages. 68. Plaintiffs fails to properly plead a cause of action for a breach of contract. 69. No contract existed between Plaintiff and Answering Defendant Parisi with regard to the design or manufacture of the Godiva Walk-Around Unit. 70. To the extent that any contract existed between Plaintiff and Answering Defendant Parisi, Answering Defendant Parisi, Inc. fully performed under the contract. 71. In the further alternative, no breach thereof, denied as aforesaid, caused Plaintiff's alleged injuries and damages. 72. Plaintiff's claims may be barred by the defenses of release, accord and satisfaction, waiver, estoppel, the terms of a contract or express warranty, or award at arbitration as may be shown by discovery in this case. WHEREFORE, Defendant, Parisi, Inc., respectfully requests that Plaintiff's Complaint be dismissed in its entirety and judgment entered in its favor. CROSSCLAIM DIRECTED TO DEFENDANT, CUMBERLAND VALLEY REFRIGERATION AND ~?.mCTRICAL CONTRACTORS, INC., PURsuANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2252(d) 73. Paragraphs 1-72, above, are incorporated herein by reference as if fully set forth at length. 74. If the averments contained in the Plaintiff's Complaint are established, said averments being specifically denied as they may relate to Defendant, Parisi, Inc., then the injuries and damages complained of were caused solely by the Defendant, Cumberland Valley Refrigeration and Electrical Contractors, Inc. 75. Defendant, Cumberland Valley Refrigeration and Electrical Contractors, Inc. has been joined herein to protect Defendant, Parisi, Inc.'s rights of indemnity and contribution, and Defendant, Parisi, Inc., avers that Defendant Cumberland Valley Refrigeration and Electrical Contractors, Inc. is alone liable to the Plaintiff, or in the alternative, that the Defendant Cumberland Valley Refrigeration and Electrical Contractors, Inc. is liable over to Defendant, Parisi, Inc., or jointly and severally liable on the Plaintiff's causes of action. respectfully requests WHEREFORE, Defendant, Parisi, Inc., that a Judgment be entered in its favor. Date: September 18, 2002 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP I.D. No. 42136 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Parisi , Inc. :178752.1 VERIFI CAT I ON I, Steve Dickler, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswcrn falsification to authorities. Date SteVe Dickler *::+: TOTRL PCtGE.82 ~'~:~: CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Edward A. Jaeger, Jr., Esq. White and Williams LLP 1800 One Liberty Place Philadelphia, PA 19103 Joseph M. DeMarco, Esq. March, Hurwitz & DeMarco 17 West Third Street Media, PA 19063 THOMAS, THOMAS & HAFER, LLP Dated: September 18, 2002 Todd B. Narvol, Esquire Identification Number: 42136 Thomas, Thomas & H&fer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Counsel for Defendant, Parisi, Inc. BON-TON DEPARTMENT STORES, INC. Plaintiff Vo PARISI, INC. AND CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTP~ACTORS, INC. Defendant IN '±'Mu COURT OF COMMON PLEAs CUMBERLAND COUNTY No. 02-2744-CIVIL JURY TRIAL DEMANDED REPLY OF DEFENDANT, PARISI, iNC. TO CROSSCLAIM OF CU~a__ERLAND V~T.?.EY REFRIGERATION AND ELECTRICAL COntRACTOrS, INC. AND NOW, Defendant Parisi, Inc., by and through its attorneys, Thomas, Thomas & Hafer, LLP, file this Reply to Cumberland Valley Refrigeration and Electrical Contractors, Inc.'s Cross-claim and in support thereof avers the following: 49. 52. Defendant Parisi, Inc. incorporates by reference as though fully set forth herein the averments and denials contained in its Answer and New Matter with Crossclaim, which already is on file with the Court. By way of further Answer, Parisi, Inc. denies all liability on its part, whether directly to the Plaintiff, or by way of contribution or indemnity to other Defendants, pursuant to Pa.R.Civ. P. 1029(e) . WHEREFORE, Defendant, Parisi, Inc., respectfully requests that a Judgment be entered in its favor. Respectfully submitted, Date: September 18, 2002 By .' THOMAS, THOMAS & HAFER, LLP Todd B. Narvol I.D. No. 42136 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 Counsel for Defendant Parisi, Inc. :180432,1 VERIFI CATIO~ I, Steve Dickler, hereby verify that the averments made in the foregoing ~ocument are ~rue and correct. I understand that lalse ssatemen~s herein are made subject to the penalties of 18 Pa. C.3.A- 4904 relating 5o unsworn falsification to authorities - Date ~teVe Dickler ~:,~: TOTAL PAGE.02 :*::~': CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Edward A. Jaeger, Jr., Esq. White and Williams LLP 1800 One Liberty Place Philadelphia, PA 19103 Joseph M. DeMarco, Esq. March, Hurwitz & DeMarco 17 West Third Street Media, PA 19063 THOMAS, THOMAS & HAFER,/~P ~odd B. Narvol, Dated: September ~l~f, 2002 MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. Plaintiff PARISI, INC. And CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants NO. 02-2744 CIVIL JURYTRIALDEMANDED REPLY OF CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. TO THE CROSS CLAIM OF PARISI, INC. 73. Denied. Answering Defendant incorporates herein by reference as though fully set forth at length the averments contained in it's Answer with New Matter and Cross Claim. 74. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent these allegations are deemed factual, Answering Defendant incorporates herein by reference as though fully set forth at length the averments contained in it's Answer with New Matter and Cross Claim. 75. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. To the extent these allegations are deemed factual, Answering Defendant incorporates herein by reference as though fully set forth at length the averments contained in it's Answer with New Matter and Cross Claim. WHEREFORE, Answering Defendant respectfully requests This Honorable Court enter judgment in their favor. Respectfully;.,~r~itted, J~)~EPH M. D~,M'~RCC~, ESQUIRE /~ttorney for Defendant, I Cumberland /Valley Refrigeration and Electrical Contractors, Inc. VERIFICATION I,JOSEPH M. DeMARCO, ESQUIRE verify that the statements made in the foregoing Reply of Cumberland Valley Refrigeration and Electrical Contractors, Inc. to the Cross Claim and New Matter of Parisi, Inc. are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn fa~~ F,,~r CUMBERLAND VALLEY I~EFRIGERATION AND ELECTRICAL CONTRACTORS, INC. MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. : Plaintiff : V. : PARISI, INC. And CUMBERLAND : VALLEY REFRIGERATION AND ELECTRICAL: CONTRACTORS, INC. : Defendants : NO. 02-2744 CIVIL CERTIFICATE OF SERVICE I, JOSEPH M. DeMARCO, ESQUIRE, do hereby certify that on the 23 ra day of September, 2002, I served a true and correct copy of Defendant CUMBERLAND VALLEY REFRIG. AND ELECTRICAL CONTR., INC.'s Reply to the Cross Claim of Parisi, Inc. to the individuals listed below, by depositing in a sealed envelope imo Regular First Class Mail: Todd B. Narvol,~Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street PO Box 999, Sixth Floor Harrisburg, Pa 17108 By: Edward A. Jaeger, Jr., Esquire White & Williams 1800 One Liberty Place Ph/~ia, PA 19103-7395 MA?, HUR~IT~ARCO: JOfiEPH M. DeMARCO, ESQUIRE At~rney for Defendant CUMBERLAND VALLEY WHITE AND WILLIAMS, LLP BY: EDWARD A. JAEGER, JR., ESQUIRE ATTORNEY I.D. NO. 55668 1800 ONE LIBERTY PLACE PHILADELPHIA, PA 19103 (215) 864-6322 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BON-TON DEPARTMENT STORES, INC. : NO. 02-2744 CIVIL Plaintiff : . V. . . PARISI, INC. And CUMBERLAND : VALLEY REFRIGERATION AND ELECTRICAL: CONTRACTORS, INC. : Defendants : REPLY OF PLAINTIFF TO THE NEW MATTER OF DEFENDANT. PARISI. INC. Plaintiff, Bon Ton Department Stores, Inc., by and through its attorneys, White and Williams LLP, hereby replies to the New Matter of defendant, Parisi, Inc., in accordance with the numbering thereof, as follows: 40. No reply is required. 41-56. Denied. Said av¢i-ix~ents are denied as conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; hence, strict proof thereof is demanded at trial. By way of further answer, plaintiffdenies that it or its investigators spoliated any material physical evidence. 57. Admitted. Doc#: 1342745 vl 58. Admitted. 59. Admitted. 60. It is admitted that plaintiff did not remove the power cord that supplied the Godiva walk around unit. By way of further answer, the power cord was not present and had been removed and/or discarded by others. In addition, it is admitted that plaintiff did not remove any remnants of carpeting. 61. Admitted. 62. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. Therefore, said averment is deemed denied. 63. Admitted in part; denied in part. It is admitted that answering defendant had no post-opportunity to inspect the power cord as plaintiff believes it was not available. With regard to the carpeting, after reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the troth of this averment. Therefore, said averment is deemed denied. 64-68. Denied. Said averments are denied as conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure; hence, strict proof thereof is demanded at trial. 69. Denied. After reasonable investigation, answering plaintiff is without knowledge or information sufficient to form a belief as to the truth of these averments. Therefore, said averments are deemed denied. 70-72. Denied. Said averments are denied as conclusions of law to which no response is Doc#: 1342745 vl required under the Pennsylvania Rules of Civil Procedure; hence, strict proof thereof is demanded at the time of trial. WHEREFORE, plaintiff, Bon Ton Department Stores, Inc., demands judgment in its favor and against defendant, together with reasonable counsel fees and costs. Dated: ~~[A Jaeg Jr. Doc#: 1342745 vi I, EDWARD A. JAEGER, JR., hereby state that the statements made in the foregoing Reply of Plaintiff to the New Matter of Defendant, Parisi, Inc. are true and correct to the best of my knowledge, information and belief. I understand that statements made therein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsifications to authorities. Dated: Doc#: 1342745 vl CERTIFICATE OF SERVICE I, Edward A. Jaeger, Jr., Esquire, hereby certify that on September__, 2002, I served tree and correct copies of the foregoing Reply of Plaintiff to the New Matter of Defendant, Padsi, Inc., by first class United States Mail, postage pre-paid, upon the following individuals: Joseph M. DeMarco, Esquire March, Hurwitz & DeMarco 17 West Third Street P.O. Box 108 Media, PA 19063 Todd B. Narvol, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street, Sixth Floor P.O. Box 999 Harrisburg, PA 17108 Doc#: 1342745 vl BON-TON DEPARTMENT STORES, INC. Plaintiffs PARISI, INC., and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-2744 JURY TRIAL DEMANDED ORDER AND NOW, this day of _, 2003, upon consideration of the Motion to Compel of Defendant, Parisi, Inc., it is hereby ORDERED and DECREED that Defendant's Motion to Compel is GRANTED, and Plaintiff, Bon-Ton Department Stores, Inc., is directed to file complete Responses to Defendant's Interrogatories and Requests for Production of Documents without objection within ten (10) days of the date of this Order. If the discovery responses are not provided within ten (10) days of the date of this Order, Defendant may file a request for sanctions. BY THE COURT: Todd B. Narvol, Esquire Attorney ID No. 42136 Thomas S. Brumbaugh Attorney ID No. 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7 I00 Attorneys for Defendant, Parisi, Inc. BON-TON DEPARTMENT STORES, INC. Plaintiffs PARISl, INC., and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-2744 JURY TRIAL DEMANDED MOTION OF DEFENDANT, PARISI, INC., TO COMPEL PLAINTIFF'S ANSWERS TO DEFENDANT'S PARISI, INC.'S INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AND NOW, comes Defendant, Parisi, Inc. (hereinafter "Defendant Parisi"), by and through its attorneys Thomas, Thomas & Hafer, LLP, and files the following Motion to Compel, and in support thereof avers the following: 1. This action arises from a fire that occurred on Plaintiff's premises on or about June 12, 2000. 2. Plaintiff, Bon-Ton Department Stores, Inc. (hereinafter "Plaintiff') commenced the within action by filing a Complaint on July 31,2002. 3. Discovery has been ongoing in this matter. 4. On or about September 30, 2002, Defendant Parisi served Plaintiff with Interrogatories and a Requests for Production of Documents. A copy of Defendant's Interrogatories and Requests for Production of Documents are attached hereto, incorporated herein by reference and marked as Exhibit '"A." 5. By electronic correspondence dated January 27, 2003, counsel for Defendant Parisi inquired as to the status of Plaintiff's responses to discovery requests. A copy of said correspondence is attached hereto, incorporated herein by reference and marked as Exhibit "B." 6. In a letter dated March 24, 2003, counsel 'For Defendant Parisi requested responses to the aforementioned Interrogatories and Request for Production of Documents. A copy of said correspondence is attached hereto, incorporated herein by reference and marked as Exhibit "C." 7. Again, by letter dated April 28, 2003, counsel for Defendant Parisi requested responses to the aforementioned Interrogatories and Request for Production of Documents. A copy of said correspondence is attached hereto, incorporated herein by reference and marked as Exhibit "D." 8. To date, counsel for Plaintiff has failed to provide any responses to Defendant Parisrs discovery requests. 9. Pursuant to Pa.R.C.P. 4006 and 4009.12, discovery responses were due thirty (30) days from the date of service of the discovery request. 10. Therefore, Plaintiff's Answers to Interrogatories were due on or about October 20, 2002. 11. Defendant Parisi requests that Plaintiff be ordered to respond to Defendant's discovery requests, without objection, within ten (10) days. 2 WHEREFORE, Defendant, Parisi, Inc., respectfully requests that this Honorable Court grant its Motion to Compel and order Plaintiffs to provide complete discovery responses without objection within ten (10) days. Dated: June 13, 2003 Respectfully Submitted, THOMAS, THOMAS & HAFER, LLP Attorney I.D. No.: 42136 Thomas Brumbaugh, Esquire Attorney I.D. No. 89037 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Attorneys for Defendant Parisi, Inc. 3 www.tthlaw.com 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Todd B. Narvol (71 7) 23 7-7133 tbn~tthlaw, com September 30, 2002 Mr. Edward A. Jaeger, Jr., Esq. White & Williams LLP 1800 One Liberty Place Philadelphia, PA 19103 RE: Bon~Ton Dep't. Stores, Inc. v. Parisi, Inc., et al. Dear Mr. Jaeger: Enclosed please find Defendant Parisi Inc.'s first set of Interrogatories Directed to Plaintiff and Defendant Parisi, Inc.'s first set of Requests for Production of Documents Directed to Plaintiff. Please provide your answers within the time specified by Court Rule. Sincerely, Thomas, Thomas & Hafer, LLP CC: Joseph M. DeMarco TBN/tsb:184309.1 Todd B. Narvol Lehigh Valley Office: 3400 Bath Pike, Suite 201, Bethlehem, PA 18017 * Phone: (610) 868-1675 * Fax: (610) 868-1702 Todd B. Narvol, Esquire Attorney ID No. 42136 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 BON-TON DEPARTMENT STORES, INC. VS. PARISI, INC. Plaintiffs and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Attorneys for Defendant, Parisi, Inc. IN THE COURT OF: COMMON PLEAS CUMBERLAND COUNTY NO. 02-2744 CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendants DEFENDANT PARISI, INC,'S INTERROGATORIES DIRECTED TO PLAINTIFF - SET I To: Bon-Ton Department Stores, c/o Edward A. Jaeger, Jr., Esq. White and Williams, LLP 1800 One Liberty Place Philadelphia, PA 19103 Pursuant to the provisions of Pennsylvania Rules of Civil Procedure 4005 and 4006, you are required to serve the original on the undersigned, of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplementary sheet. These Interrogatories shall be deemed to be continuing in nature, and in accordance with the provisions of Local Rule 4007.4 as amended. If between the time of serving your odginal Answers to these Interrogatories, and the time of trial of this matter, you or anyone acting in your behalf learn the identity and location of additional persons having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at tdal not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows an Answer was incorrect when made, or knows that an Answer though correct when made is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquirad, and promptly furnish such a Supplemental Answer to the undersigned. THOMAS, THOMAS & HAFER, LLP By: Todd Narvol, Esquire Attorney I.D. No.: 42136 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Attorneys for Defendant Parisi, Inc. Dated: September 30, 2002 (1) fellows: (a) (b) (c) (d) DEFINITIONS As used in these Interrogatories, the words and terms set forth below Shall be defined as "Describe" and "specify," and/or "state" shall mean to set forth fully and unambiguously, using technical terms or words of art, if necessary, each and every fact relevant to the answer called for by the Interrogatory which the answering party or those agents, employees or representatives to have knowledge. "Identify" when referring to an individual means to state: (i) his name er her name; (ii) title or job classification at the time of the events referred to in the Interrogatory answer; (iii) present address, if known, and/or last known address and current or last known employer. "Identify" when referring to a document means to: (i) state the type of document (e.g., letter, journal, record, memorandum); its date; title, and identifying number, if any; general subject matter; and its present location; (ii) state each person who prepared it, each person for whom it was prepared, the known address of each person who presently has custody of the original copies thereof. "Identify" when referring to an oral communication means: (i) state its date; (ii the place where it occurred; (iii) its substance; (iv) the identity of the person who made the communication; (v) the identify of each person to whom such communication was made; and (e) (f) (g) (h) (vi) the identity of each person who was present when such communication was made; "Identify" when referring to a corporate entity means: (i) state its full corporate name; (ii) its date and place of incorporation, if known; and (iii) its present address and telephone number; "Identify" when used in any other context means to provide a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. The words "document" and "documents" as herein used include but are not limited to any wdtten or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any' kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original and any 'non-identical copy of any of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, speeches, telegrams, diades, calendar or diary entries, schedules, maps, graphics, contracts, appraisals, studies, analyses, summaries, instructions, photographs, films, surveys, messages, correspondence, letters, tables, drawings, and including preliminary versions, drafts or revisions of any of the foregoing, as well as all other documents, defined in Rule 4009 "You" or "your" shall mean to include the answering party, and each of the said party's representatives, and where appropriate the directors, agents, officers and employees and all other persons acting for or on behalf of the answering party. (i) "Persons" and/or "individual" shall mean any natural person, partnership, firm, association corporation, trust, governmental agency or other en'lities; and also, relevant, individual representing such "person." (j) "Plaintiff" refers to Bon-Ton Department Stores Inc. (k) "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the Complaint or similar pleading. STANDARD INSTRUCTIONS (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and a~torneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. - In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. INTERROGATORIES 1. Please identify yourself, giving your full name, residence, business address, social security number, date of birth and occupation. ANSWER: 2. Identify all documents relating to the purchase, possession, ownership or transfer of the Godiva Walk-Around Unit actually involved in the incident, and the persons who have custody of those documents or copies thereof. ANSWER: 3. (a) State the date on which the Godiva Walk-Around Unit actually involved in the incident was purchased or acquired by your company. (b) State the model and serial numbers or other designation of the Godiva Walk -Around Unit actually involved in the incident. ANSWER: 4. Identify every written warranty which you believe is applicable to the God va Walk Around Unit or any other product actually involved in the incident and any persons who have custody of such warranty or copy thereof. ANSWER: 5. Identify every warranty which is not in writing, which you believe is applicable to the Godiva Walk Around Unit or any other product actually involved in the incident, stating the substance and dates thereof and the persons from whom and to whom given. ANSWER: 6. Identify every written contract which you believe is applicable to the Godiva Walk Around Unit or any other product actually involved in the incident, stating: i. the names of all parties to the contracts; ii. dates of such contracts; iii. terms and conditions of said contract; and iv. any persons who have custody of any such contract or copy thereof ANSWER: 7. Identify every contract which is not in writing, which you believe is applicable to the Godiva Walk-Around Unit or any other product actually involved in the incident, stating: the names of all parties to the contracts; dates of such contracts; terms and conditions of said contract. ANSWER: 8. Identify all instruction, operating, repair, maintenance and safety manuals in your possession regarding the Godiva Walk-Around Unit actually involved in the incident and any other documents which describe the Godiva Walk-Arounel Unit and its use stating: titles, dates of publication, general description and amendments thereto and identify the persons who have custody thereof. ANSWER: 9. State the present location of the Godiva Walk-Around Unit actually involved in the incident and identify the person who as custody thereof. ANSWER: 10. identi~: (a) (b) (c) (d) With respect to the Godiva Walk-Around Unit actually involved in the incident, Every repair, alteration, modification or replacement made to the Godiva Walk-Around Unit after it left the possession of Parisi, Inc., and prior to the incident; The names, addresses and employers of any person who made each repair, alteration, modification or replacement; The nature, purpose and date of each repair, alteration, modification or replacement; and Any document referring to each repair, alteration, modification or replacement and the persons who have custody thereof. ANSWER: 11. State whether there were any inspections or examinations of the Godiva Walk-Around Unit actually involved in the incident after its delivery to Bon-Ton and before the incident. If so, state: (a) When any inspections or examinations were scheduled to be made and by whom; (b) The dates when any inspections or examinations were made and by whom; (c) Whether there is any documentation relating to the schedule or the inspections or examinations and, if so, identify such documentation; (d) Whether there were oral or written reports made with respect to any inspections or examinations and, if so, state the substance and dates thereof and the persons from whom and to whom given. ANSWER: 12. Describe all maintenance that was performed to the, Godiva Walk-Around Unit actually involved in the incident from the time of delivery until the incident, including: (a) The nature, purpose and date of each maintenance activity performed; (b) The names, addresses and employers of any person who performed each maintenance activity; (c) Any document referring to each maintenance activity performed and the persons who have custody thereof. ANSWER: 13. State whether, before the incident, there were any complaints or malfunctions regarding the Godiva Walk-Around Unit actually involved in the incident. If so, state: (a) The substance of any complaints or malfunctions; (b) The dates when any complaints or malfunctions occurred; (c) The name and address of the persons who made such complaints or experienced the malfunctions; (d) Whether the complaints or malfunctions are documented and the identification of the persons who prepared the documents; and (e) Whether there were any oral reports made as to any complaints or malfunctions. ANSWER: 14. Describe all training and instruction which you gave or received for the operation, use or maintenance of the Godiva Walk-Around Unit actually involved in the incident before the incident, if applicable. ANSWER: 15. Identify every test that has been made, before and after the incident, on the Godiva Walk-Around Unit actually involved in the incident. Identify the persons who performed the tests, the dates on which they were performed and give a description of the tests, the purpose of the tests and the results. ANSWER: 16. Identify all reports and other documents (except reports of experts consulted by you whom you do not intend to call at trial) which describe the happening of the incident or the cause thereof, giving the identification of the persons who prepared the reports or documents, the dates and the persons who have custody thereof. ANSWER: 17. identify: (a) (b) (c) (d) With respect to the Godiva Walk-Around Unit actually involved in the incident, Every modification, alteration or addition made to the Godiva Walk-Around Unit after the incident; The names, addresses and employers of any person who authorized and made any modification, alteration or addition; The nature, purpose and date of each modification, alteration or addition, and Any document referring to any alteration or addition and the persons who have custody thereof ANSWER: 18. Have you obtained any statements of any kind from anyone relative to this action? If so, identify: (a) The date or dates obtained; (b) Whether said statements are oral, written or transcribed, etc.; (c) By whom they were obtained; (d) The name and address of the individual or individuals whom the statement or statements obtained. ANSWER: 19. Have you or any agent or employees of Bon-Ton Department Stores, Inc. ever given any statements of any kind to anyone relative to this action? If so, identify: (a) The date or dates given; (b) Whether said statements are oral, written or transcribed, etc.; (c) By whom they were obtained; (d) The name and address of the individual or individuals who gave the statement or statements. ANSWER: 20 Have you obtained any photographs or motion pictures relevant to this cause of action so, identify: (a) (b) (c) (d) The date or dates taken; The identify of the photographer; The view or views portrayed; The present custodian thereof. ANSWER: 21. Do you contend that this defendant violated any statute, code, ordinance, regulation, industry or governmental standard of any kind relevant ~lo this litigation? If so, specify same by complete citation and provide a brief factual description of the manner in which you allege that the violation occurred. ANSWER: 22. Where, when and by whom was the Godiva Walk-Around Unit in question installed. ANSWER: 23. Identify all relevant physical evidence which is in the, possession of any party, its representatives, agents, attorneys or expert. ANSWER: 24. Was any agent or employee of your company present at the time of the incident. If so, state the following: b. ANSWER: the identity and address of each such person; the location of each such person at the time of the alleged occurrence. 25, b. ANSWER: identify any and all witnesses to the incident the identity and address of each such person; the location of each such person at the time of the alleged occurrence. 26. Describe in detail the damages that occurred as a result of the incident alleged in the complaint. ANSWER: 27. provide: 8. b. f. g. ANSWER: For each item that you allege was damaged as a result of the incident, a description of the item damaged; the location of the item damaged at the time of the incident, in reference to the location of the Godiva Walk-Around Unit; the date each item was purchased; the purchase price of each item; the value of each item at the time of the incident; the value of the item after the incident; the current location of the item 28. d. ANSWER: State whether the aforementioned damages were repaired. If so, please: identify the person or persons who made the repaim; describe the repairs; state the cost of the repairs; attach a copy of all bills for the repairs. 29. Describe and itemize as fully and as carefully as you can, all losses, damages and expenses which you claim were incurred by you or on your behalf as a result of the incident, which are attributable to: f. ANSWER: loss or damage to real property; loss or damage to equipment, machinery, inventory or fixtures; loss or damage to personal property loss of profits (including the specific calculations used to determined such amount); additional costs of doing business; any other losses, damages or expenses incurred as a result of the incident. 30. If it is your contention that the actions and/or negligence of any other person caused or contributed to the cause of the damages alleged in the complaint, please identify such other persons and describe the manner in which they caused or contributed to the damages alleged. ANSWER: 31. Are there any insurance policies under which Bon-T,on Department Stores, Inc. is an insured with respect to the damages alleged in the complaint? If so, for each such policy, state: ANSWER: the name and local address of the company issuing each policy; the policy number and claim number for each policy; the named insured under each policy: the limits of coverage for each policy; and the deductible(s) applicable to each policy, 32. State whether the damages alleged in the complaint were covered by an insurance policy. If so, state: ANSWER: the name of the insurance company providing cover.age for the damages alleged in the complaint; the type of policy, policy number and claim number for each policy; and the amount of damages covered under the policy. 33. Identify each and every person who has knowledge of any relevant facts relating to the incident. As to each person, briefly identify the facts known to each person. ANSWER: 34. Identify each and every person who you expect to call as an expert witness, at the trial in this action. For each such witness: state the expert's full name, home address, business address, employer, job title, education, experience, and degrees obtained; state the subject matter upon which each person is expected to testify, the substances of the facts and opinions to which the expert is expected to testify, and all materials and facts presented toor relied upon by the expert; describe all tests or experiments performed by the expert in reaching an expert opinion; identify the documents, if any, each person will refer to during his/her testimony; and identify all reports, memorandums or transcripts prepared by each expert, including all draft, final and non-final versions. ANSWER: 35. Identify each and every person who you expect to call as a witness, except as an expert witness, at the trial in this action. For each such witness: a. state the subject matter upon which each person is expected to testify; and identify the documents, if any, each person will refer to during his/her testimony. ANSWER: 36. Identify all demonstrative evidence you expect to use at trial. For each piece of such evidence: a. Describe the evidence; b. State the relevance of each piece of evidence; c. Identify the current location and custodian of each piece of evidence. 37. Identify and describe all exhibits that you expect to use at trial. For each exhibit: a. Describe the exhibit; b. State the relevance of each exhibit; CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Edward A. Jaeger, Jr., Esq. White and Williams LLP 1800 One Liberty Place Philadelphia, PA 19103 Joseph M. DeMarco, Esq. March, Hurwitz & DeMarco 17 West Third Street Media, PA 19063 Date: Todd B. Narvol, Esquire : 183351.1 Todd B. Narvol, Esquire Attorney ID No. 42136 THOMAS, THOMAS & HAFER, LLP 305 North Front Street Post Office Box 999 Harrisburg, Pennsylvania 17108 (717) 237-7100 BON-TON DEPARTMENT STORES, INC. Plaintiffs VS, PARISI, INC. and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants Attorneys for Defendant, Parisi, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2744 CIVIL ACTION - LAW JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF- SET I To: Bon-Ton Department Stores, c/o Edward A. Jaeger, Jr., Esq. White and Williams, LLP 1800 One Liberty Place Philadelphia, PA 19103 AND NOW, pursuant to Pa.R.C.P. 4009, as amended, come the Defendants, by their attorneys, Thomas, Thomas & Hafer, LLP, and request the Plaintiff, Bon-Ton Department Stores, to produce for inspection, examination and copying the following items at the law firm of Thomas, Thomas & Hafer, LLP, 305 North Front Street, Sixth Floor, Harrisburg, Pennsylvania 17101, within thirty (30) days after service of this request: DEFINITIONS 1. As used in this Request for Production of Decuments, the words and terms set forth below shall be defined as follows: (a) (b) (c) (d) "Describe" and "specify," and/or "state" shall mean to set forth fully and unambiguously, using technical terms or words of art, if necessary, each and every fact relevant to the answer called for by the request which the answering party or those agents, employees or representatives to have knowledge. "Identify" when referring to an individual means to state: (i) his name or her name; (ii) title or job classification at the time of the events referred to in the Interrogatory answer; (iii) present address, if known, and/or last known address and current or last known employer. "Identify" when referring to a document means to: (i) state the type of document (e.g., letter, journal, record, memorandum); its date; title, and identifying number, if any; general subject matter; and its present location; (ii) state each person who prepared it, each person for whom it was prepared, the known address of each person who presently has custody of the original copies thereof. The words "document" and "documents" as herein used include but are not limited to any written or graphic matter of any kind whatsoever, however produced or reproduced, any electronically or magnetically recorded matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible -2- thing by any means, including, but not limited to, the odginal and any non- identical copy of any of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, speeches, telegrams, diaries, calendar or diary entries, schedules, maps, graphics, contracts, ;appraisals, studies, analyses, summaries, instructions, photographs, films, surveys, messages, preliminary correspondence, letters, tables, drawings, and including versions, drafts or revisions of any of the foregoing, as well as all other documents, defined in Rule 4009 (e) "You" or "your" shall mean to include the answering party, and each of the said party's representatives, and where appropriate the directors, agents, officers and employees and all other persons acting for or on behalf of the answering party. (f) "Persons" and/or "individual" shall mean any individual, partnership, firm, corporation, trust, governmental agency or other entities; and also, relevant, individual representing such "person." (g) "Plaintiff" refers to Bon-Ton Department Stores Inc. INSTRUCTIONS FOR USE 1. In producing the documents designated below, you are requested to furnish all documents known or available to you, regardless of whether a document is currently in your possession, custody, or control, or that of your attorneys, employees, agents, investigators, or other representatives, or is otherwise available to you. -3- requested: If, for any reason, you are unable to produce in full any document a. Produce each such document to the fullest extent possible; b. Specify the reasons for your inability to produce the remainder; and c. State in detail whatever information, knowledge, or belief you have concerning the whereabouts and substance of each document not produced in full. 3. If any document requested was at one time in existence, but in no longer in existence, please state for each document as to which that is the case: a. The type of document; b. The types of information contained therein; c. The date upon which it ceased to exist; d. The circumstances under which it ceased to exist; e. The identity of all persons having knowledge of the circumstances under which it ceased to exist; and f. The identity of all persons having knowledge or who had knowledge of the contents thereof. 4. For each document requested which you are unable to produce and which was at any time in your possession, custody, or control, or to which you had access at any time, specify in detail: The nature of the document (i.e. letter, memorandum, etc.); The author of the document; -4- c. All recipients of the document and any copy thereof; d. A summary of the information contained in the document; e. The date on which you lost, relinquished, or otherwise ceased to have possession, custody, control of, or access to the document; f. Identify all persons having knowledge of the circumstances whereby your lost, relinquished, or otherwise ceased to have possession, custody, or control of, or access to the document; and g. Identify all persons who have or have had knowledge of the contents of the document, if full or in part. 5. In the event you seek to withhold or do withhold any document, in whole or in part, on the basis that it is not subject to discovery, produce a list of all such documents and, as to each such document, state: a. The name of each author, writer, sender or initiator of each such document; b. The name of each recipient, addressee or party to whom such document was intended to be sent; c. The name of each and every person who received a copy of the document; was prepared; d. The date of the document or, if no date appears on the document, the date the document e. The title of the document, or if it has no title, then such other description document and its subject matter as shall be sufficient to identify the document; and -5- f. The grounds claimed for withholding the document from discovery and the factual basis for such a claim. 6. As to each document produced, you are requested to designate the paragraph and subparagraph of this request to which each such document is responsive. 7. This Request is a continuing one, and requires that you produce all responsive documents and tangible objects whenever you obtain or become aware of them, even if they are not in your possession or available to you on the date you first produce documents pursuant to this Request. DOCUMENTS TO BE PRODUCED 1. Complete copies of any and all documents identified in your Answers to Interrogatories. 2. Complete copies of any and all documentation provided to Defendant, Cumberland Valley Refrigeration and Electrical Contractors, Inc. pursuant to their Request for Production of Documents. 3. A copy of the declarations pages of any and all liability insurance policies that may provide coverage to you, either for defense or indemnity, for any of the allegations set forth within this action. 4. Provide copies of all statements which you or your representative(s) possess, which pertain to the incident in this case and which fit within the description of Rule 4003.4, Pa.R.Civ. P. 5. Copies of all investigative reports prepared by you or your representatives relating to this incident. incident. Copies of all photographs, videotapes, diagrams, drawings related to this -6- 7. Any and all documents which may be used as exhibits at trial or any hearing with regard to this matter. 8. A copy of the curriculum vitae for each of your experts. 9. The entire claims file of any insurance company, excluding any privileged material, which did any investigation regarding the alleged occurrence. THOMAS, THOMAS & HAFER, LLP Date: Todd Narvol, Esquire Attorney I.D. No.: 42136 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Attorneys for Defendant Parisi, Inc. -7- CERTIFICATE OF SERVICE I do hereby certify that on this day I served a true and correct copy of the foregoing by first class mail, postage prepaid, addressed to the following: Edward A. Jaeger, Jr., Esq. White and Williams LLP 1800 One Liberty Place Philadelphia, PA 19103 Joseph M. DeMarco, Esq. March, Hurwitz & DeMarco 17 West Third Street Media, PA 19063 Todd B. Narvol, Esquire Date: :183361.1 Brumbau~lh, Thomas S. From: Sent: To: ' Subject: Brumbaugh, Thomas S. Monday, January 27, 2003 4:07 PM 'haynesp@whitewms.com' Bon-Ton v. Parisi, et al. Pat, I have just received information from my client in response to your discovery requests. I am working on the answers, and I hope to have the responses to you shortly. I should have our responses to you within 30 days. Where do you stand with our discovery requests? Tom Thomas S. Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street, 6th Floor Harrisburg, PA 17108 Phone: (717) 441-7060 Fax: (717) 237-7105 e-maih tsb@tthlaw.com This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is stdctly prohibited, if you received this message in error, or are not the intended recipient(s), please notify the sender at either the e-mail address or telephone number listed above and delete this e-mail from your computer. Receipt by anyone other than the named recipient(s) is not a waiver of any attorney-client, work product, or other applicable privilege. Thank you. ATTORNEYS AT LAW 305 North Front Street, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 Thomas X Brumbaugh (717) 441- 7060 tsb~tthlaw, com March 24, 2003 Mr. Edward A. Jaeger, Jr., Esq. White & Williams LLP 1800 One Liberty Place Philadelphia, PA 19103 RE: Bon-Ton Dep't. Stores, Inc. v. Parisi, Inc., et al. Our File: 220-21072 Dear Mr. Jaeger: Enclosed please find Defendant Parisi Inc.'s Responses to Plaintiff's First Set of Interrogatories and Plaintiffs First Request for Production of Documents. Please let me know when can expect to receive your responses to our discovery requests. TSB/mew:184309.2 Enclosures cc: Joseph M. DeMarco, Esquire Sincerely, Thomas, Thomas & Haler, LLP Thomas S. Brumbaugh Lehigh Valley Office: 3400 Bath Pike, Suite 201, Bethlehem, PA 18017 * Phone: (610) 868-1675 * Fax: (610) 868-1702 THOMAS, THOMAS & HAFER LLP ATTORNEYS AT LAW 305 North Front Sb'eet, P.O. Box 999, Harrisburg, PA 17108 Phone: (717) 237-7100 Fax: (717) 237-7105 www. tth]aw.com Thomas S. Brurnbaugh (717) 441- 7060 tsb~tthlaw, com April 28, 2003 Patrick Haynes, Jr., Esquire White & Williams White and Williams~LLP 1800 One Liberty Place Philadelphia, PA 19103 RE: Bon-Ton Dep't. StoreS, Inc. v. Parisi, Inc., et al. No.: 02-2744 Our File: 220-21072 Dear Mr. Haynes: I am writing in reference to the matter that is identified above. We have not received your responses to our discovery requests, which were sent to you on September 30, 2002. if there is any reason why your responses cannot be provided within 30 days, please call me. We would like to receive your responses to our discovery requests so that we can begin scheduling depositions. If you have any questions, please call me at 717-441-7060. Sincerely, Thomas, Thomas & Hafer, LLP TSB/mew:212044.2 By: Thomas S. Brumbaugh cc: Joseph DeMarco, Esquire bcc: Mr. John Simmons, OneBeacon, Claim No. 0P202345W0'I Lehigh Valley Office: 3400 Bath Pike, Suite 201, Bethlehem, PA 18017 * Phone: (610) 868-1675 * Fax: (610) 868-1702 CERTIFICATE OF SERVICE AND NOW, this ~'~7/~ day of ~'~--LJ/?Z~ , 2003, I, Michelle E. Wendt, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the sa~rle in the United States Mail, postage prepaid, to the following: PATRICK HAYNES, JR., ESI~. WHITE & WILLIAMS LLP 1800 ONE LIBERTY PLACE PHILADELPHIA PA 19103 JOSEPH M DEMARCO, ES(;). MARCH HURWITZ & DEMARCO PC PO BOX 108 MEDIA PA 19063 Michelle E. Wendt BON-TON DEPARTMENT STORES, INC., Plaintiffs PARISI, INC., and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2744 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of June, 2003, upon consideration of the Motion of Defendant, Parisi, Inc., To Compel Plaintiffs' Answers to Defendant's Parisi, Inc.'s Interrogatories and Requests for Production of Documents, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ~atrick Haynes, Jr., Esq. White & Williams 1800 One Liberty Place Philadelphia, PA 19103 Attorney for Plaintiffs J?~sley (~Jr., ~'(,~ J. A Todd Narvol, Esq. °Fh~oomas Brumbaugh, Esq. 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Attorneys for Defendant Parisi, Inc. (/~seph M. DeMarco, Esq. March, Hurwitz & DeMarco, PC P.O. Box 108 Media, PA 19063 Attorney for Defendant Cumberland Valley Refrigeration and Electrical Contractors, Inc. :rc Todd B. Nan/ol, Esquire Identification Number: 42136 Thomas S. Brumbaugh, Identification Number: 89037 Thomas, Thomas & Haler, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 Counsel for Defendant, Parisi, Inc. BON-TON DEPARTMENT STORES, INC.: IN THE COURT OF COMMON PLEAS Plaintiff PARISI, INC. AND CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. : CUMBERLAND COUNTY No. 02-2744-CIVil : JURY TRIAL DEMANDED Defendants PRAECIPE TO WITHDRAW MOTION TO COMPEL To the Prothonotary: Please withdraw the Motion Of Defendant, Parisi, Inc., To Compel Plaintiff's Answers To Defendant's Parisi, Inc.'s Interrogatories And Requests For Production Of Documents. Defendant, Parisi, Inc., has received Plaintiff's discovery responses, but reserves the right to challenge the sufficiency of Plaintiff's responses. Respectfully submitted, Thomas, Thomas & Haler, LLP Todd ~ B. Narvol,~36 Thomas S. Brumbaugh, I.D. No. 89037 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108-0999 Date: CERTIFICATE OF SERVICE AND NOW, this ,>:/.:~.day of ,_/~//__/./ , 2003, I, Michelle E. Wendt, of the law firm of Thomas, Thomas & Haler, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: PATRICK HAYNES, JR., ESQ. WHITE & WILLIAMS LLP 1800 ONE LIBERTY PLACF PHILADELPHIA PA 19103 JOSEPH M DEMARCO, ESQ, MARCH HURWITZ & DEMARCO PC PO BOX 108 MEDIA PA 19063 Michelle E. Wendt L~ WHITE AND WILLIAMS LLP By: Stephen L. Barker I.D. No.: 72610 1800 One Liberty Place Philadelphia, PA 19103 (215) 864-6322 BON-TON DEPARTMENT STORES, INC. PARISI, INC. Plaintiffs and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants Attorney for Plaintiffs, Bon-Ton Dept. Stores, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 02-2744 CIVIL JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiffs certify 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 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: At~torney ~r Plaintiffs DOCS_PH 1545086vl WHITE AND WILLIAMS LLP By: Stephen L. ]Barker I.D. No.: 72610 1800 One Liberty Place Philadelphia, PA 19103 (215) 864-6314 BON-TON DEPARTMENT STORES, INC. Plaintiffs VS. PARISI, INC. and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants Attorneys for Plaintiffs, Bon-Ton Dept. Stores, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2744 CIVIL ACTION - LAW JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 4009.22 TO: Legal Department Kaufmann's Department Store 400 5th Avenue, #11 Pittsburgh, Permsylvania 15219 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: All documents in your possession which refer~ reflect or relate to a fire or fires originating in or around a Godiva portable refrigerated display case (walkaround) unit manufactured by Royal Store Fixtures and/or Parisi, Inc. in Kaufmann's Department Store in or around Pittsburgh, Pennsylvania between 1994 and 2002 WHITE AND WILLIAMS LLP, 1800 One Liberty Place, Philadelphia, Pennsylvania 19103. You may deliver or mail legible copies of the documents or produce things request by this subpoena, together with the certificate of compliance, to the party making DOCS_PH 1534334vl the 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: Stephen L. Barker, Esquire Pennsylvania Attorney I.D. # 72610 White and Williams, LLP i 800 One Liberty Place Philadelphia, PA 19103 (215)864-6314 Attorney for Plaintiff, Bon-Ton Department Stores Date: ~ i[~, (Prothonotary) DOCS_PH 1534334vl WHITE AND WILLIAMS LLP By: Stephen L. Barker, Jr. I.D. No.: 72610 1800 One Liberty Place Philadelphia, PA 19103 (215) 864-6314 BON-TON DEPARTMENT STORES, INC. Plaimiffs VS. PARISI, INC. and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants Attomeys for Plaintiffs, Bon-Ton Dept. Stores, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2744 CIVIL ACTION - LAW JURY TRiAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiffs intend to serve a subpoena identical to 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 no objection is made the subpoena may be served. Attorney for Plaintiffs DOCS_PH 1535944vl ~ WHITE AND WILLIAMS LLP By: Stephen L. Barker I.D. No.: 72610 1800 One Liberty Place Philadelphia, PA 19103 (215) 864-6314 BON-TON DEPARTMENT STORES, INC. Plaintiffs VS. p~a~RISI, INC. and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants Attorneys for Plaintiffs, Bon-Ton Dept. Stores, Inc. 1N THE COURT. OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2744 CIVIL ACTION - LAW JURY TRIAL DEMANDED OBJECTION TO SUBPOENA PURSUANT TO RULE 4009.21 objects to the proposed subpoena that is attached to these objections for the following reasons: Attorney for Date: DOCS_PH 1535944vl WHITE AND ~WILLIAMS LLP By: Stephen L. Barker I.D. No.: 72610 1800 One Liberty Place Philadelphia, PA 19103 (215) 864-6322 BON-TON DEPARTMENT STORES, INC. Plaintiff V. PAR/SI, INC. and CUMBERLAND VALLEY REFRIGERATION AND ELECTRICAL CONTRACTORS, INC. Defendants Attorney. for Plaintiffs, Bon-Ton Dept. Stores, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : NO. 02-2744 CIVIL : JURY T}UAL DEMANDED STIPULATION It is hereby stipulated by and among the parties to the above captioned litigation that defendant, Cumberland Valley Refrigeration and Electrical Conlxactors, Inc. is hereby dismissed DOCS?H 1540892vl from this litigation without prejudice. WHITE AND WILLIAMS LLP Stephen L. Barker White and Williams LLP 1800 One Liberty Place Philadelphia, PA 19103 Attorney for Plaintiff, Bon-Ton Department Stores, Inc MARCH, HURWITZ AND DEMARCO Jl~ P~estM~t~redM$~;e°t, P.O. Box 108 Media, PA 19063 Attorney for Defendant, Cumberland Valley Refrigeration and Electrical Contractors, Inc. THOMAS AND HAFER, LLP Thomas Brumbaugh~ ~,~ ~ 305 North ;?ront Street, 6th Floor P.O. Box 999 Harrisburg,. PA 17108 Attorney for Defendant, Parisi, Inc. DOCS_PH 1540892vl WHITE AND WILLIAMS LLP By: Stephen L. Barker, Jr. I.D. No.: 72610 1800 One Liberty Place Philadelphia, PA 19103 (215) 864-6314 BON-TON DEPARTMENT STORES, INC. Plaintiffs VS. PARISI, INC. Attorneys for Plaintiffs, Bon-Ton Dept. Stores, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 02-2744 CIVIL ACTION - LAW Defendant JURY TRIAL, DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the Complaint in the above-captioned action settled, discontinued and ended. Dated: June ~ , 2003 BY: WHITE AND WILLIAMS LLP St~en~L. ~3~ke~~Q~ Attorney for Plaintiff, Bon-Ton Dept. Stores, Inc. DOCS_PH 1592734vl