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HomeMy WebLinkAbout02-3053DAVID J. MOORE and : IN THE COURT OF COMMON PLEAS OF CHRISTINE MOORE, his wife : CUMBERLAND COUNTY, PENNSYLVANIA 244 Meade Drive Carlisle, PA 17013, Plaintiff CIVIL ACTION - LAW NO. b? - 3oS3 AIR PRODUCTS AND CHEMICALS, INC. 7201 Hamilton Boulevard Allentown, PA 18195, : JURY TRIAL DEMANDED Defendant PRAECIPE FOR A WRIT OF SUMMONS TO: CURTIS R. LONG, PROTHONOTARY Please enter my appearance on behalf of the Plaintiff, David J. Moore. Please issue a Writ of Summons upon the Defendant, Air Products and Chemicals, Inc. Please have the Sheriff serve the Defendant at the following address: AIR PRODUCTS AND CHEMICALS, INC. 7201 Hamilton Boulevard Allentown, PA 18195 Respectfully, submitted IRWIN, McKNIGHT & HUGHES By: ll erEsquire DouT Oi 60 est fret Street Carlisle, PA 17013 (717) 249-2353 Date: June 24, 2002 Supreme Court I.D. No 83776 To: Air Products and Chemicals, Inc. You are hereby notified that David J. Moore, the Plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. 1 Date: °Z5 2002 By: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-03053 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE DAVID J VS AIR PRODUCTS & CHEMICALS INC R. Thomas Kl , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: AIR PRODUCTS AND CHEMICALS INC but was unable to locate Them deputized the sheriff of LEHIGH in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On July 23rd , 2002 , this office was in receipt of the attached return from LEHIGH Sheriff's Costs: So answ -- Docketing 18.00 ?s Out of County 9.00 Surcharge 10.00 K. Thomas Kline Dep Lehigh County 30.00 Sheriff of Cumberland County .00 67.00 07/23/2002 IRWIN MCKNIGHT HUGHES Sworn and subscribed to before me this ?,n pL day of ,too z_ A.D. Prothonotar?y SHERIFF OFFICE" LEHIGH COUNTY COURTHOUSE 455 W HAMILTON ST ROOM 106 ALLT.:NTOWN PA 18101-1614 DAVID MOORE! ET AL VS AIR PRODUCTS & CHEMICALS, INC (CUMBERLAND CO--02-3053) WRIT : SUMMONS IN CIVIL ACTION SERVE: AIR PRODUCTS & CHEMICALS INC AT 7201 HAMILTON BLVD ALLE.NTOWN, PA RETURN OF SERVICE: 1. NAME OF INDIVIDUAL. SERVED:_.,_ LOr \- oV,v\ 2. RELATIONSHIP TO DEFENDANT: 3. DATE:_ 20 4. LOCATION OF SERVICE: \'c' 1 PAID DOC#: 2002-CV-2880 CASE.: 2002-NC-2798 EXPIR: 25-Jul-2002 DEPOSIT: .30 .00 ENTRY: 11-Jul-2002 t\fx-T-kbwT\ HOURS: 5. UNABLE TO LOCATE: ( ) NUMBER OF ATTEMPTS TO LOCATE DEFENDANT" AT LAST KNOWN ADDRESS: 1. DATE & TI 3. DATE & TI 5. DATE & TI 2. DATE & TI 4. DATE & TIME 6. DATE & TI ACCEPTANCE HEREBY ACCEPT' SERVICEOFTHE': LLEGAL SSERVICE AS OUTLINED ON THE FRONT OF THE DOCUMENT. THIS SERVICE: IS ACCEPTED ON BEHALF OF THE LISTED DEFENDANT(S) AND I HEREBY CERTIFY THAT I AM AUTHORIZED TO DO S0. PRINTED NAME OF AUTHORIZED AGENT DATE: SO ANSWERS JL%. w SIGNATURE OF. AUTHORIZED AGENT TIME- SHERIFF OF L.EHISH COUNTY .. a2,-,? `.i 2002-NC -27T.., 25-Jul -Ewo,, I'd i- WIRY! i:_4.t. , if')_':J l wo t 1 e8:&0t?%'C'? 34 ?1 (y ?'lY''' ?( (1\ f 11 1 M Ilt ItE"&:I•LDAN1 tip LAsr t N(f tEJN lli.VdN'ICf ?:`(' i ,.M i I In The Court of Common Pleas of Cumberland County, Pennsylvania David J. Moore et al vs. Air Products and Chemicals Inc. SERVE: sane No 02 3053 civil No. Now, June 28, 2002 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lehigh Counts County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. /,. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 20_, at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA V C>p r n G'. v cv t m n? Z ?c N L G N -o w =n 's r? vin John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorney for Defendant DAVID J. MOORE and : IN THE COURT OF COMMON PLEAS CHRISTINE MOORE, His Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 02-3053 CIVIL AIR PRODUCTS AND CHEMICALS, INC., : Defendant : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of John A. Statler, Esquire of Goldberg, Katzman and Shipman, P.C., as counsel for the Defendant Air Products and Chemicals, Inc. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John A. Stat er, Esquire Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant DATE: 10 115- ld Z 86282.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the is- day of el e ?6 baY , 2002, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By John A. S tier, Esq Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant r `- .."? Y 7 -: S v John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 02-3053 CIVIL AIR PRODUCTS AND CHEMICALS, INC., : Defendant : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Rule upon the Plaintiffs, David J. Moore and Christine Moore, His Wife, to file a Complaint within 20 days or suffer a judgment non pros seg reg_ GOLDBERG, KATZMAN & SHIPMAN, P.C. By: _ John A. St er, squire Attorney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: lo /2. 2-/(12- Attorneys for Defendant Air Products and Chemicals, Inc. RULE TO PLAINTIFFS DAVID J. MOORE and CHRISTINE MOORE: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non rhos will be entered against you. DATE: Oc+ PROTHONOTARY CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 2 -2,, K O day of (0 CAD ) 2002, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By John A. Statler, Esqu Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant 'Ti c:rJ ..'f -TI 1 FTI J ?? ^C John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P. C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 Attorney for Defendant DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs V. AIR PRODUCTS AND CHEMICALS, INC., : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW NO. 02-3053 CIVIL JURY TRIAL DEMANDED PRAECH'E TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on October 23, 2002 and served on the date reflected in the attached Certificate of Service. KATZMAN & SHIPMAN, P.C. By\ John tatter, Esquire A rney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant DATE: ?? .42 Air Products and Chemicals, Inc. John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 2344161 DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 02-3053 CIVIL. AIR PRODUCTS AND CHEMICALS, INC., : Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on October 23, 2002, upon counsel for Plaintiffs, by depositing same in the United States Mail at Harrisburg, Pennsylvania, with first- class postage prepaid on the 24' day of October, 2002, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 By: KATZMAN & SHIPMAN, P.C. A -?? Jonn Statler, Esquire At orney I.D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: /, /'2 0? Attorneys for Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisbur enn//sylvania, with first-class postage prepaid on the _ ?i)ge 2002, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, day of GOLDBERG, KATZMAN & SHIPMAN, P.C. By \ ")e A John A,-Stfatler, Esquire At mey I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 ? ?} Attorneys for Defendant c: ?' ? :i 1 -: t i ? ? f _ ? ri ?'_ J ? r ? DAVID J. MOORE and : IN THE COURT OF COMMON PLEAS OF CHRISTINE MOORE, his wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs , CIVIL ACTION -LAW V. NO. 02-3053 AIR PRODUCTS AND CHEMICALS, INC. Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DAVID J. MOORE and : IN THE COURT OF COMMON PLEAS OF CHRISTINE MOORE, his wife : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION -LAW V. NO. 02-3053 AIR PRODUCTS AND CHEMICALS, INC. Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, David J. Moore and Christine Moore, by and through their attorneys, Irwin, McKnight & Hughes, to make the following Complaint, and in support thereof aver as follows: 1. Plaintiffs, David J. Moore and Christine Moore, are adult individuals residing at 244 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Air Products and Chemicals, Inc. (hereinafter referred to as "Air Products"), is an international business corporation with its registered offices in Pennsylvania located at 7201 Hamilton Boulevard, Allentown, Pennsylvania. 3. Plaintiff David J. Moore is employed by Roadway Express, Inc., and at all relevant times hereto was an employee of Roadway Express, Inc. (hereinafter referred to as "Roadway"). 4. In July of 2000, Plaintiff David J. Moore was working as a dock worker at the Roadway terminal located in Carlisle, Cumberland County, Pennsylvania. 5. On or about July 20, 2000, Plaintiff was performing his job duties at Roadway by unloading a trailer containing, among other items, cylinders with hydrogen chloride. 6. Hydrogen chloride is a hazardous material specifically included by the federal government on the list of toxic and hazardous substances as set forth in 29 CFR part 1910, Subpart Z, Toxic and Hazardous Substances. 7. Upon information and belief, the cylinders of hydrogen chloride were being shipped from the Air Products center in New Orleans, Louisiana to the Air Products office in Tamaqua, Pennsylvania, via the Roadway terminal in Carlisle, Pennsylvania. 8. Upon information and belief, the cylinders of hydrogen chloride were prepared for shipment and loaded by agents or employees of Air Products onto the Roadway trailer for transport. 9. At all times relevant hereto, the agents or employees of Defendant Air Products were acting within the scope of their employment. 10. Upon information and belief, the agents or employees of Defendant Air Products were aware that the valves on the cylinders were defective and not functioning properly. 11. Upon information and belief, prior to shipment the agents or employees of Defendant Air Products clamped a piece of black rubber hose onto the valve of one of the cylinders. 12. Upon information and belief, prior to shipment the agents or employees of Defendant Air Products attached a handwritten note to the valve of the cylinder indicating that it was defective and not functioning properly. 13. The agents or employees of Defendant Air Products did not install a safety cap onto the valve of the cylinder, did not properly spike or block the valve of the cylinder, and did not indicate on the shipping bill or related documents that the valve was defective. 2 14. On or about July 20, 2000, Plaintiff David J. Moore began unloading boxes from the trailer containing the cylinders with hydrogen chloride. 15. Plaintiff was not informed in advance nor was he otherwise aware that at least one of the cylinder valves was defective and not functioning properly. 16. When Plaintiff picked up one of the boxes on the floor of the trailer near the valve of one of the cylinders with hydrogen chloride, he felt a rush of air across his face and body, emanating from the valve of the cylinder. 17. Plaintiff immediately experienced severe burning sensations in his eyes, nose and throat. 18. Upon attempting to immediately leave the trailer, Plaintiff tripped and was subsequently pulled from the trailer by his co-workers. 19. Plaintiff was not completely decontaminated through removal of his clothing and treatment with water or other chemicals. 20. he was eventually transported by automobile to the emergency room of the Carlisle Hospital for observation and treatment. 21. Upon information and belief, Plaintiff's co-workers observed liquid and/or dampness on the floor of the trailer under the defective valve. 22. A Hazardous Materials Emergency Response team was subsequently sent to the Roadway terminal to investigate the accident, clean up the :"pill, and temporarily repair the defective valve. 23. Plaintiff returned to the Carlisle Hospital emergency room the following day with complaints of shortness of breath, dizziness and stomach pains. 3 24. Plaintiff continues to treat with physicians and specialists for his ongoing problems related to this incident, including but not limited to dizziness, nasal irritation and drainage, chronic sinus pain, shortness of breath, chronic sore throat, eye irritation, nausea, shakiness, nervousness as well as post-traumatic stress syndrome. 25. The accident and Plaintiffs subsequent injuries were caused exclusively and solely by Defendant's negligence, carelessness, and recklessness, or by the negligence, carelessness, and recklessness of Defendant's agents, servants, or employees in that: a. Defendant Air Products failed to use reasonable prudence and care in the hiring of its agents, servants, and employees; b. Defendant failed to use reasonable prudence and care in the training of its agents, servants, and employees with regard to hazardous materials and their proper and safe storage, handling and shipment; C. Defendant failed to use reasonable prudence and care in the supervision of its agents, servants and employees with regard to hazardous materials and their proper and safe storage, handling and shipment; d. Defendant failed to use reasonable prudence and care in the inspection of its goods and equipment used to store hazardous materials to ensure proper and safe storage, handling and shipment; and e. Defendant otherwise failed to exercise due and proper care under the circumstances. 26. The negligent, careless, and reckless actions of the Defendant and its agents or employees in knowingly shipping the defective cylinders are the proximate cause of the injuries to Plaintiff David Moore. 27. Plaintiff David Moore seeks compensation for the pain and suffering he has endured since the date of the accident. 28. Plaintiff David Moore seeks compensation for the medical expenses incurred as a result of the accident as well as the continuing medical expenses which will accrue in the future as his need for medical care continues. 4 29. Plaintiff David Moore seeks compensation for lost work time and for vacation and sick days he has been forced to expend in order to attend medical appointments and seek medical care. 30. Plaintiff David Moore seeks compensation for the injuries he suffered to as a result of the accident which have made it difficult for him to perform the daily activities and duties which he was able to perform prior to the accident. 31. Plaintiff Christine Moore seeks compensation for the loss of companionship and society as a consequence of the injuries to her husband, Plaintiff David Moore, caused by the accident. WHEREFORE, the Plaintiffs, David S. Moore and Christine Moore, demand judgment against Defendant, Air Products & Chemicals, Inc., in an amount in excess of the Cumberland County arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Respectfully submitted, IRWIN, McKNIGHT & HUGHES By: Douglas Miller, Esquire Supreme ?ourt I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiffs, David S. Moore and Christine Moore Date: November 25, 2002 5 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. DAVID J. MOORE Date: // ";?? 9 Ca VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. `h a ot CHRISTINE MOORE Date: I ' - PW") -I obb-01? CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: JOHN A. STATLER, ESQUIRE GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 MARKET STREET P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: November 25, 2002 IRWIN, McKNIGHT & HUGHES qhAo ? ob AL Douglas Miller, squire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs, David J. Moore and Christine Moore L -? rQ l7D John R. Ninosky, Esquire Attorney 1. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant DAVID J. MOORE and : IN THE COURT OF COMMON PLEAS CHRISTINE MOORE, His Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 02-3053 CIVIL AIR PRODUCTS AND CHEMICALS, INC., : Defendant : JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please substitute the appearance of John R. Ninosky, Esquire of Goldberg, Katzman and Shipman, P.C., as counsel for the Defendant Air Products and Chemicals, Inc. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Jo)M R. Ninosky, Esquire Attorney I. D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717):234-4161 Attorneys for Defendant DATE: 7 /j/p? 86282.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the 3 /W day of 2003, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. BY hDA?4/ I uire Jo Ninosky, Esquire Jo Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant S- "07 MCI. cn - ? ? tc c. =-a John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs V. AIR PRODUCTS AND CHEMICALS, INC., : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3053 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs c/o DOUGLAS G. MILLER, ESQUIRE Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiffs YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of service hereof or a default judgment may be entered against you. GOLDBERG, KA,TZMAN & SHIPMAN, P.C. By: J R. Ninosky, Esquire Attorney I. D. No. '78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: 7/3/03 Attorney for Defendant John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (7177) 234-4161 Attorney for Defendant DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs V. AIR PRODUCTS AND CHEMICALS, INC., : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3053 CIVIL JURY TRIAL DEMANDED ANSWER OF DEFENDANT AIR PRODUCTS AND CHEMICALS, INC. TO PLAINTIFFS' COMPLAINT INCLUDING NEW MATTER ANE NOW, comes the Defendant, Air Products and Chemicals, Inc., by its attorneys, Goldberg, Katzman and Shipman, P.C., who file the following Answer and New Matter in response to the Plaintiffs' Complaint: Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 2. Admitted. Admitted on information and belief. 4. Admitted on information and belief. 5. It is admitted on information and belief that the Plaintiff was unloading a trailer on July 20, 2000 which contained cylinders of hydrogen chloride. 6. Admitted. 7. Admitted. 8. Admitted. 9. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, Defendant is without information sufficient to form a belief as to the meaning of the phrase "at all times relevant hereto" and, therefore, cannot admit or deny the balance of this averment. 10. Denied. 11. Denied. 12. Denied. 2 13. It is admitted that the Defendant did not install a safety cap onto the valve of the cylinder and did not indicate on the shipping bill or related documents that the valve was defective. By way of further answer, it is denied that it was necessary for the Defendant to spike or block the valve of the cylinder. Therefore, it is denied that the Defendant did not properly spike or block the valve. 14. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 15. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 16. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time .of trial if deemed material. 17. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 18. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 19. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 20. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 21. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 22. Admitted. 23. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 4 24. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at time of trial if deemed material. 25. The averments in this paragraph constitute conclusions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Defendant was negligent, careless and reckless and further denied that the accident and Plaintiffs subsequent injuries were caused exclusively and solely by the Defendant's negligence, carelessness and recklessness. By way of further answer, it is denied that: a. Defendant Air Products failed to use reasonable prudence and care in the hiring of its agents, servants and employed;. b. Defendant failed to use reasonable prudence and care in the training of its agents, servants and employees with regard to hazardous materials and their proper and safe storage, handling and shipment; C. Defendant failed to use reasonable prudence and care in the supervision of its agents, servants and employees with regard to hazardous materials and their proper and safe storage, handling and shipment; d. Defendant failed to use reasonable prudence and care in the inspection of the its goods and equipment and used to store hazardous materials to ensure proper and safe storage, handling and shipment; and e. Defendant otherwise failed to exercise due and proper care under th circumstances. 26. The averments in this paragraph constitute concl usions of law to which no response is required. In the event a response is deemed to be required, it is denied that the Defendant was negligent, careless and reckless and denied that the Defendant's employees knowingly shipped a defective cylinder thereby proximately causing the alleged injuries to the Plaintiff. 27. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and/or their causal relation to the accident described in the Complaint and, therefore, denies the same and demands strict proof at time of trial if deemed material. 28. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and/or their causal relation to the accident described in the 6 Complaint and, therefore, denies the same and demands strict proof at time of trial if deemed material. 29. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and/or their causal relation to the accident described in the Complaint and, therefore, denies the same and demands strict proof at time of trial if deemed material. 30. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the Plaintiffs alleged injuries and damages and/or their causal relation to the acciden! described in the Complaint and, therefore, denies the same and demands strict proof at time of trial if deemed material. 31. Denied. After reasonable investigation, Defendant is without information sufficient to form a belief as to the truth or falsity of the averments concerning the Wife- Plaintiffs alleged loss of companionship and society and/or its causal relation to the alleged injuries to her husband and, therefore, denies the same and demands strict proof at time of trial if deemed material. 7 WHEREFORE, Defendant Air Products and Chemicals, Inc. respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiffs. NEW MATTER By way of additional answer and reply, Defendant Air Products and Chemicals, Inc. raises the following New Matters: 32. Some or all of the Plaintiffs' claims are barred in whole or in part by the applicable Statute of Limitations. 33. Discovery may reveal that the accident in question was caused in whole or in part by the negligence and carelessness of Plaintiff David Moore and, therefore, Defendant reserves and raises the defense of comparative/contributory negligence. WHEREFORE, Defendant Air Products and Chemicals, Inc. respectfully requests that the Plaintiffs' Complaint be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiffs. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By. L% ` x3 John Ninos , Lsquire Attorney I. D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717),!34-4161 DATE: July 3, 2003 Attorneys for Defendant 88223.1 9 VERIFICATION PURSUANT TO PA. R.C.P. NO. 1024(c) John R. Ninosky, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. _ /a6-t4 Jo R. Ninosky DATE : 83359.17/3/x3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the ___z /-X( day of 2003, addressed to the followiing: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By VDV Jo R. Ninosky, Esquire Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant n c?? O 'Cliff _ L) 7 J .J DAVID J. MOORE and CHRISTINE MOORE, his wife Plaintiffs V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 02-3053 AIR PRODUCTS AND CHEMICALS, INC. Defendant JURY TRIAL DEMANDED ANSWER TO DEFENDANT'S NEW MATTER AND NOW this 21" day of July, 2002, come the Plaintiffs, David J. Moore and Christine Moore, by and through their attorneys, Irwin, McKnight & Hughes, and respectfully file this Answer to the Defendant's New Matter, and in support thereof aver as follows: 32. The averments contained in paragraph thirty-two (32) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 33. The averments contained in paragraph thirty-three (33) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, the Plaintiffs, David S. Moore and Christine Moore, demand judgment against Defendant, Air Products & Chemicals, Inc., in an amount in excess of the Cumberland County arbitration limit of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest, and all other relief this Honorable Court deems fair and just. Dated: July 21, 2003 Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By Dou s G. Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiffs, David S. Moore and Christine Moore 2 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: John R. Ninosky, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (Attorney for Defendant) Date: July 21, 2003 IRWIN, McKNIGHT & HUGHES ougl G. Miller, squire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiffs, David S. Moore and Christine Moore ('} C:"> ?' _. -U :y: _ ' Ill(..., _ st .. l '.. M1l G7}_ -- _ ? r ( - L I?' l(l y : ..? 1 ii U ?-J ? . J -: John R. Ninosky. Esquire Attorney 1. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Defendant DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs V. AIR PRODUCTS AND CHEMICALS, INC., : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3053 CIVIL JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL DISCOVERY ANE NOW, comes the Defendant, Air Products and Chemicals, Inc., by its attorneys, Goldberg, Katzman and Shipman, P.C., who files this Motion to Compel Discovery by respectfully stating the following: Plaintiff, David Moore, claims that he was working as a dock worker at the Roadway terminal in Carlisle when he was injured while unloading a trailer containing, among other items, cylinders with Hydrogen Chloride. 2. Interrogatories, attached hereto as Exhibit "A," were forwarded to Plaintiffs on December 3, 2002. Request for Production of Documents, attached hereto as Exhibit "B," were forwarded on the same date. Plaintiffs did not provide a response to the above-referenced discovery within the time period required by the Pennsylvania Rules of Civil Procedure. 4. After receiving no response, the undersigned counsel wrote to Plaintiffs' counsel on July 3, 2003, requesting answers to discovery. A copy of this correspondence is attached hereto as Exhibit "C. To date, Plaintiffs have still not responded to the above-referenced discovery requests. 6. Pennsylvania Rule of Civil Procedure 4019(a)(1)(i) states, "The court may, on motion, make an appropriate order if a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005." Pennsylvania Rule of Civil Procedure 4019(a)(1)(vii) states, "The court may, on motion, make an appropriate order if a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested." 2 8. Pennsylvania Rule of Civil Procedure 4019(a)(1)(viii) states, "The court may, on motion, make an appropriate order if a parry or person otherwise fails to make discovery or to obey an order of court respecting discovery." 9. The Defendant's ability to adequately prepare a defense in this matter is prejudiced by the Plaintiffs' failure to produce discovery. WHEREFORE, Defendant, Air Products and Chemicals, Inc., respectfully requests that this Honorable Court enter an Order requiring Plaintiffs to answer Interrogatories and to produce documents as soon as possible. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. _ By. AL? Jo R. Ninosky, Esquire Attorney I. D. No. 78000 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 DATE: Attorneys for Defendant 101779.1 John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234A 161 Attorney for Defendant DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs V. AIR PRODUCTS AND CHEMICALS, INC., : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3053 CIVIL JURY TRIAL DEMANDED INTERROGATORIES OF THE DEFENDANT FOR ANSWER BY PLAINTIFF DAVID J. MOORE TO: DAVID J. MOORE, Plaintiff c/o DOUGLAS G. MILLER, ESQUIRE Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Attorneys for Plaintiff PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et seo. to serve upon the undersigned, within 30 days after service of this Notice, your Answers in writing under oath to the following Interrogatories. GOLDBERG, KATZMAN & SHIPMAN, P.C. By: John All tler, e Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717)234-41.61 DATE: 1 Z/ 3 102- Attorneys for Defendant 88234.1 DEFINITIONS AND INSTRUCTIONS (1) Whenever the term "document" is used herein, it includes (whether or not specifically called for) all printed, typewritten, handwritten, graphic or recorded matter, however produced or reproduced and however formal or informal. (2) Whenever you are asked to "identify" a document, the following information should be given as to each document of which you are aware, whether or not you have possession, custody or control thereof: (a) The nature of the document (e g, letter, memorandum, computer print-out, minutes, resolution, tape recording, etc ); (b) Its date (or if it bears no date, the date when it was prepared), (c) The name, address, employer and position of the signer or signers (or if there is no signer, of the person who prepared it); (d) The name, address, employer and position of the person, if any, to whom the document was sent; (e) If you have possession, custody or control of the document, the location and designation of the place or file in which it is contained, and the name, address and position of the person having custody of the document, (f) If you do not have possession, custody or control of the document, the present location thereof and the name and address of the organization having possession, custody or control thereof, and (g) A brief statement of the subject matter of such document. (3) Whenever you are asked to "identify" an oral communication, the following information should be given as to each oral communication of which you are aware, whether or not you or others were present or participated therein: (a) The means of communication (e g, telephone, personal conversation, etc.), (b) Where it took place; (c) Its date; (d) The names, addresses, employers and positions (1) of all persons who participated in the communication; and (2) of all other persons who were present during or who overheard that communication, (e) The substance of who said what to whom and the order in which it was said; and (f) Whether that communication or any part thereof is recorded, described or referred to in any document (however informal) and, if so, an identification of such document in the manner indicated above. (4) If you claim that the subject matter of a document or oral communication is privileged, you need not set forth the brief statement of the subject matter of the document, or the substance of the oral communication called for above. You shall, however, otherwise "identify" such document or oral communication and shall state each ground on which you claim that such document or oral communication is privileged. (5) Whenever you are asked to "identify" a person, the following information should be given: (a) The name, present address and present employer and position of the person; and (b) Whether the person has given testimony by way of deposition or otherwise in any proceeding related to the present proceeding and/or whether that person has given a statement whether oral, written, or otherwise, and if so, the title and nature of any such proceeding, the date of the testimony, whether you have a copy of the transcript thereof, the name of the person to whom the statement was given, where the statement is presently located if written or otherwise transcribed, and the present location of such transcript or statement if not in your possession. (6) The term "you" shall be deemed to mean and refer to the party to whom these Interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested herein is not privileged. (7) The word "incident" shall be deemed to mean and refer to the incident as alleged to have occurred and as set forth in your Complaint. These Interrogatories shall be deemed to be continuing Interrogatories. Between the time of your answers to said Interrogatories and the time of trial, if, ou or anyone acting in your behalf learns the identity or whereabouts of other witnesses not disclosed in your answers, or if you obtain or learn of additional information requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. Personal Identification: State: a. Your full name and each other name which you have used or by which you have been known; your date and place of birth; your present residence address and each other address and period of residence which you have had during the past five (5) years; b. Your Social Security number; and c. Name of all spouses and the inclusive dates of your marriage relationship as to each spouse named. ANSWER: Employment: 2. State for each employment position held during the five-year period prior to the incident referred to in your Complaint, and since the time of the incident referred to in your Complaint: a. The name and address of your employer; the period of employment, position held, and nature of work being performed; and the name of your immediate supervisor, b. Hours worked per week; and your weekly gross and net income. ANSWER: Trial Expert Witnesses: State the names, business and residence addresses, and employers-of each person whom you will call as an expert witness at the trial of this matter, including medical witnesses identified with regard to the issues of liability (L) and damages (D), and with regard to each expert state: a. The subject matter on which the expert is expected to testify; b. The substance of the facts and opinions to which the expert is expected to testify; C. A summary of the grounds for each opinion; d. Whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum, or other document, and, if so, identify the name and address of the present custodian of said report, memorandum or other document. (A copy of the expert report may be attached in lieu of answering Interrogatory 5.) ANSWER: Non-Expert Witnesses: 4. State the names, residence and business addresses, and employers-of each person whom you will call to testify on your behalf at the trial of this matter, and briefly state the subject matter of their proposed testimony. ANSWER: Exhibits: Identify by date of preparation, description, and name of person preparing, all documents or other objects which you will introduce as exhibits at the trial of this matter, identified with regard to the issues of liability (L) and damages (D). ANSWER: Witnesses and Those with Knowledge of the Incident: 6. Identify each person (by stating the name, last known home and business address) who a. Actually saw the incident, b. Was present at or near the scene at the time of the incident and witnessed through sight or hearing; C. Has any knowledge or information as to any facts pertaining to the circumstances and manner of the happening of the incident, the physical conditions existing at th time of the incident or the nature or extent of the injuries or damages sustained. ANSWER: Statements: Do you or anyone acting on your behalf know or believe that any written statement (as defined by the Rules of Civil Procedure) or any oral statement concerning this action or subject matter has been given by or obtained from any person? If so, identify (by stating the name, last known home and business address): a. Each person who gave an oral statement and when, where, and to whom it was made; and the substance of each such statement; Any person who has custody of any written statements or those reduced to a writing or otherwise recorded. ANSWER: Investi ations: 8. Do you or anyone acting on your behalf know or believe that any- investigations were conducted of the incident which is the subject matter of this action? If so, identify (by stating the name, last known home and business addresses): a. Each person and employer of each person who so conducted investigations: b. If different from the person identified in subpart a above, the person who has custody of or possession of any written notes, reports or other documents prepared during or as a result of the investigation. ANSWER: Insurance: 9. State whether you are covered by any type of insurance, includingany excess or umbrella insurance in connection with this incident. If so, identify (by stating the name, last known home and business address): a. Each person who you or someone acting on your behalf knows or believes to have relevant knowledge of The name and address of the insurance carrier(s), the policy number and the named insured; ii. The type of each policy, the amount of coverage provided for injury or damage to each person, each occurrence and in the aggregate for each coverage, and effective dates; iii. If coverage is being denied by the company, state the reason which has been furnished for the lack of coverage; iv. The amount of coverage provided for injury or damage to each person, for each occurrence and in the aggregate for each policy, v. Each exclusion, if any, in the policy which is applicable or potentially applicable to any claim thereunder and the reasons why y.Qu or the company claims the exclusion is applicable; ANSWER: Injuries and Treatment: 10. State in detail the nature of all injuries you claim you suffered as a-result of the incident referred to in your Complaint and state the extent and nature of any disability arising therefrom. ANSWER: 11. Identify all hospitals, clinics, nursing homes or other institutions in which you have been confined or received out-patient treatment because of the injuries suffered and include the name and address of the institution, the dates of confinement and out-patient treatment, the treatment and services rendered and the cost of each. ANSWER: 12. State the name and address of each doctor, medical practitioner or health care provider any type whatsoever who has examined, evaluated or treated you or from whom you sought treatment or diagnosis of any injury resulting from the incident for treatment or diagnosis of any injury allegedly resulting from the incident, specifying the date of consultation, the injury for which you consulted, the treatment rendered and the cost of such examination or treatment. Specify those physicians from whom you are presently receiving treatment. ANSWER: 13. When, where and by whom were you last examined or given medical attention concerning the injuries received in this incident? ANSWER: 14. State how each injury you sustained affected your normal activities, describe in detail the nature of such restraint and indicate any present disability and the percentage, if permanent. ANSWER: 15. State the nature and estimated costs of all future medical attention, evaluation and treatment which you have been advised you will require as a result of injuries allegedly sustained in the incident and state the name and address of the individual furnishing such opinion and estimate of costs. ANSWER: 16. State whether or not you sustained any injuries or had any diseases, deformity or impairment before or after the date of the incident which in any way affected those parts of your body which you injured as a result of the incident. If so, state the date of the onse of the disease or occurrence of the injury, the nature, duration and extent of the condition, and any health care provider involved in the treatment of the condition. ANSWER: 17. If you were employed on the date of the incident and make claim for lost wages or loss earning capacity, state the basis upon which you intend to compute your lost earnings or lost earning capacity including dates missed from work:, rates of compensation and jobs you contend you could have performed. ANSWER: 18. Have you been employed since the time of the incident referred to in the Complaint? If so state: a. The name and address of your employer; b. The position held and the nature of work being, performed; C. Hours worked per week; d. Present weekly wages, earnings, income or profit; e. Name of your immediate boss, foreman or other superior to whom you are responsible; f. Whether a physical examination was required, and if so, state the date, place and person giving the examination; g. For each employee, whether you made any representations in writing or answer in writing any questions concerning your physical examination. ANSWER: 19. Were you employed during the five year period prior to the incident referred to in the Complaint? If so, state for each employment: a. The name and address of your employer; b. The position held and the nature of work being performed, c. Hours worked per week; d. Your yearly gross and net income; e. The name and address of the person, firm or corporation having custody of any papers pertaining to your income. ANSWER: M Did you file income tax returns with the Director of Internal Revenue for any of the past five years, or with any state, municipality or other governmental tax authority or department? If so, state: a. The office of the Director of Internal Revenue with which each return was filed b. The amount reported in each return as earned income; C. The years for which filed with the Director of Internal Revenue, d. The state, municipal or other tax authority to whom such returns were filed; e. The years for which filed with such state or other municipality tax authority, or authorities; and f. Attach copies of income tax returns filed with the Internal Revenue Service for the past five (5) years. ANSWER: 21. Are you now receiving, or have you ever received, any disability pension, income or insurance or Workmen's Compensation from any agency, company, person, corporation, state or government? If so, state: a. The nature of any such payment; b. The date you received such income; C. For what injuries or disability you received it, and how such injury occurred or disability arose; d. By whom paid; e. Whether you now have any present disability as a result of such injuries or disability; f. If so, the nature and extent of such disability; g. Whether you had any disability at the time of the incident referred to in the Complaint; and h. If so, the nature and extent of such disability. ANSWER: 22. Have you made a claim for lost wages or income as a result of the incident referred to in the Complaint? If so, state: a. Did you continue to receive any wages, or profits from your employer or business during the time you contend that you were disabled; b. The nature and amount of wages or income you received during the time you contend that you were disabled; and c. The name and address of the agency, company, person, corporation, state or government who made such payments to you. ANSWER: 23. Have you made a claim for benefits under any medical pay coverage or policy of insurance relating to injuries arising out of the incident alleged in the Complaint? If so, state: a. The name of the insurance company or organization to whom said claims were made; b. The date of the claim or application; C. The claim number and policy number; d. Whether such claim was paid, and if so, the nature, amount and period of time received; and e. Whether the company required you to assign to it any rights of recovery you may have against others. ANSWER: 24. Do you have a family physician or other medical practitioner with whom you consult for a general, physical or mental complaint? If so, give his name and address and the date upon which you last consulted him or her, and the reason for such consultation. ANSWER: 25. Have you ever pleaded guilty to or been convicted of any crime in this or any other jurisdiction other than traffic violations? If so, state: a. The nature of the offense; b. The date; C. The county and state in which you were tried, or pled guilty, and d. The sentence, if any, given to you. ANSWER: 26. Is the plaintiff, or anyone acting on plaintiffs behalf, in possession of or know of the existence of any photographs of the instrumentalities, equipment, tools, locality or any other thing or matter involved in the incident in suit? If so, state: - a. The date or dates when such photographs were taken; b. The name and address of party taking them; C. Where they were taken, d. The present whereabouts of the photographs, and the names and addresses of the persons presently in possession or custody thereof, e. The specified subject matter of the photographs; and f. What the photograph or photographs purport to show or illustrate or represent. ANSWER: 27. Have you ever been involved in any other legal action for personal injury or property damage, either as a defendant or a plaintiff? If so, state: a. The date and place each such action was filed, giving the name of the court, the name of the other party or parties involved, the number of such action and the names of the attorneys representing each party., b. A description of the nature of each such action; and c. The result of each such action, whether there was an appeal and the result of the appeal. ANSWER: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at to Harrisburg, Pennsylvania, with first-class postage prepaid on the ?>CC41t Yom"" 2002, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, day of GOLDBERG, KATZMAN & SHIPMAN, P.C. By -? John A. Statl :squire Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant John A. Statler, Esquire Attorney I. D. No. 43812 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234A 161 Attorney for Defendant DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs V. AIR PRODUCTS AND CHEMICALS, INC., : Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3053 CIVIL JURY TRIAL DEMANDED REQUEST FOR PRODUCTION OF DOCUMENTS TO: DAVID J. M!OORE, Plaintiff c/o DOUGLAS G. MILLER, ESQUIRE Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 117013 Attorneys for',Plaintiff Pursuant to Pa. R. C. P. No. 4009, as amended, the Defendant, Air Products and Chemicals, Inc., by its attorneys, Goldberg, Katzman & Shipman, P.C., requests you to produce copies of the following documents, at its expense, within 30 days of service of this Request. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney-client, attorney work-product or any other privilege is applicable thereto, you shall, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received. (d) Identify each person who received it; (e) Identify each person from whom the document was received; (f) State the present location of the document and all copies thereof, (g) Identify each person who has ever had possession, custody or control of it or a copy thereof; and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, prcjections,'I indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing)regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody, or control. DOCUMENTS REQUESTED All statements, signed statements, transcripts or recorded statements or interviews of any person or witness relating to, referring to or describing any of the events described in the Complaint. 2. All expert opinions, reports, summaries or other writings in your custody or control or in the custody or control of your attorney or insurers, which relate to the subject matter of this litigation. 3. All documents, correspondence or other drawings, sketches, diagrams, or writings in your custody or control or in the custody or control of your attorney or insurers, which relate to the subject matter of this litigation. 4. All documents prepared by you, or by any insurer, representative, agent, or anyone acting on your behalfi except your attorney(s), during the investigation of the incident in question or any of the events or allegations described in the Complaint. Such documents shall include any documents made or prepared up through the present time, with the exclusion of the mental impressions, conclusions, or the opinions respecting the value or merit of the claim or defense or respecting strategy or tactics. 5. All medical bills paid or alleged to have been paid by you, which relate to the subject matter of this litigation. 6. All photographs of any item or thing involved in this litigation. 7. All statements as defined within Pa. R. C. P. No. 4003.4. 8. All statements and/or transcripts of interviews of fact witnesses obtained in this matter. 9. All documents identified in your Answers to any set of Interrogatories propounded by any party in this litigation. 10. All documents which you intend to rely upon or introduce at trial of this litigation. GOLDBERG, KATZMAN & SHUMAN, P.C. By: John A. Statler, ire Attorney I. D. No. 43812 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4.161 DATE: /L 3 /p Z Attorneys for Defendant 88233.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at v0( Harrisburg, Pennsylvlania, with first-class postage prepaid on the 3 QkCA-'^'`? , 2002, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, day of GOLDBERG, KATZMAN & SHIPMAN, P.C. By John A. Sta er, Esquire Attorney I. D. No. 43812 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant 32O MARKET STREET • STRAWBERRY SQ1- RE P.O. BOX 1268 • HARRISBURG, PENNSYL""A 1710£I-1268 fix OF COUNSEL F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT f. JAY COOPER THOMAS E. BRENNER JOHN A.STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. RUSSO MICHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GRUBB JOHN DELORENZO JOHN R. NINOSKY ROYCE L. MORRIS DAVID M. SFECKEL HEATHER L. PATERNO 717.234.4161 • 717.234.6808 (FAX) www.gkslaw.com jrn@gkslaw.com (Direct e-mail) G O L D B E R G, KATZMAN & SHIPMAN, P. C. ATTORNEYS AT LAW Douglas G. Miller, Esquire Irvin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 July 3, 2003 Re: David J. Moore and Christine Moore, His Wife v. Air Products and Chemicals, Inc. Cumberland County No. 02-3053 Civil Dear Mr. Miller: I have assumed the handling of this matter and any further correspondence should be forwarded to my attention. Enclosed please find copies of my Entry of Appearance and Defendant's Answer With New Matter which were filed this date. In reviewing the file, I note that discovery was forwarded in December, but has not been answered. Kindly forward discovery answers at your earliest convenience. Additionally, my client would like to at least attempt to resolve this matter sooner than later. To that end, kindly forward a demand as soon as possible. If you have any questions please do not hesitate to contact me. Very truly yours, John R. Ninosky JRNVmem cc: Richard Albert, Esquire CARLISLE OFFICE: 717.245.0597 • YORK O:FICE: 717.843.7912 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct Copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with first-class postage prepaid on the /6A day of 6A4pne , 2003, addressed to the following: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By Joh . Ninosky, Esquire Attorney I. D. No. 78000 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant -, r:,;' _, i ... ';, ;; DAVID J. MOORE CHRISTINE MOO] His Wife, Plaintiffs V. AIR PRODUCTS A CHEMICALS, INC Defendant AND NOW, Motion To Compel the relief requested RULE within 20 days of service. BY THE COURT, Douglas G. Miller,1 60 West Pomfret Sti Carlisle, PA 17013 Attorney for Plaintiff John R. Ninosky, E 320 Market Street P.O. Box 1268 Harrisburg, PA 171 Attorney for Defeni IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3053 CIVIL TERM ORDER OF COURT this 29`x' day of October, 2003, upon consideration of Defendant's , a Rule is hereby issued upon Plaintiffs to show cause why not be granted. 1268 :rc ?.tNliC?'l n"`'' ?,? : i bid 621?fl ED C"fiylt? i A0 Michael J. Crocenzi, Esquire I.D. #: 66255 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Defendant, Air Products and Chemicals, Inc. DAVID J. MOORE and CHRISTINE MOORE, His Wife, Plaintiffs V. AIR PRODUCTS AND CHEMICALS, INC., Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3053 CIVIL JURY TRIAL DEMANDED PRAECIPE Please substitute the appearance of Michael J. Crocenzi, Esquire for John R. Ninosky, Esquire as counsel for the Defendant in the above-captioned action. By Harrisburg, PA 17108-1268 /r 1 /O , / Attorneys for DATE: ( 7 eys for Defendant. 108835.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Michael J. Crocel zi, Esquire Attorney I.D. 66255 P.O. Box 1268 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, on the W day of April 2004: Douglas G. Miller, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, PA 17013 Michael J. CrQ(cenzi, Esquire Attorney I.D. 66255 320 Market Street Harrisburg, PA 17108 Telephone: (717) 234-4161 Attorneys for Defendant Insign GOLDBERG, KATZMAN & SHIPMAN, P.C. i C ) Jc) r DAVID J. MOORE and CHRISTINE MOORE, his wife Plaintiffs v. AIR PRODUCTS AND CHEMICALS, INC. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-3053 : JURY TRIAL DEMANDED STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN & McKNIGHT • October 23, 2007 By: AJAA/ ?VAA Douglas . Miller, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 4 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL J. CROCENZI, ESQUIRE GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 MARKET STREET P.O. BOX 1268 HARRISBURG, PA 17108-1268 Date: October 23, 2007 IRWIN & McKNIGHT Douglas . Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 C? ? t7 - ri r Cri DAVID J. MOORE and -~ CHRISTINE MOORE, his wife, ~'' vs Case No. 02-3 ~ `-~- ..~~.. tv AIR PRODUCTS AND CHEMICALS, INC., ~~~ ~ Statement of Intention to Proceed ~,~ w To the Court: Platntif£s - intend~tto proceed with the above captioned matter. Print Name Douglas G. Miller, Esq. SignName_ Date: 9 / 1 / 10 Attorney for Plaintiff s Ezplanatory Comment 7~ :~. .~~ ~~ The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedwe 230.2 governing the temvnation of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedwe 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedwe. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedwe and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedwe. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedwe is with the parties. If the parties do not wish to pwsue the case, they will take no action and "the Prothonotary shall enter an order as of course temvnating the matter with prejudice for failwe to prosecute." If a party wishes to pwsue the mattbr, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of temtination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failwe to file the notice of intention to proceed prior to the entry of the order of tenmination on the docket and for the failwe to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pwsue the remedy of a common law non pros which exits ifidependently of termination under Rule 230.2.