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Home My WebLink About95-01095 ..' .I't. ~.-'l~).. i . f, ".:;:<"r--: , , . .<d A .-,' ':lO Ii . 0"" '0 .' .. SUZANNE GREEN, as Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. POTTS MANUFACTURING, INC.,: Defendants NO. 95-1095 CIVIL TERM ORDER OF COURT f"\ ,F" ," C:" -PI rl;" AND NOW, this 21st day of June, 2000, :pursuant to an agreement of counsel reached at the pretrial conference i~:' this case, Defendants Conrad Enterprises dismissed from the action, leaving Potts the sole Defendant in the case. and Dale L. Mci~tin'"are," w<] "'j " Manufacturing,-~nd;, as By the Court, Michael E. Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Jeffrey F. Arnold, Esquire Christianson Meyer 411 Chestnut Street P.O. Box 178 Lebanon, PA 17042 Attorney for Defendant Prothonotary Court Administrator srs .... r iT"" (~ ~ .- , , , , : , , .- : , " , ; " '- , ..- ':j -,' . ) Jeffrey F ,t};-",,,I(/ '11/f!ht'Jfn"j If .~e~i:),:,VVr ~;9 ;7dZ, cJ,,..,j/ia;.,s.,.., r'?~.J- c__..___ I: I, r----. I' 11 ~.~,~---_,-~.~- _..__.H.'~" i L--.".... .- ."_. <__~__"_'_"_' .__." r-._____ --_._..~_.^~_...........__.."..._-_...- '_'_' "_.,..,~._~.__.c..__,.~< H'_-'- , , . ~, \, . _.. ,....:L. ..' ...... ....... .' ".................. tv ':. P12'11~ . . PRETRIAL CONFERENCE ORDER CASE NAME: (~ VJ't 0-) ". r~ dn RAt. t"-ll ,~. f>f:1 !:.. ';,~ ISGues \ I -.. u ,d < Q ~')'1(, <:. (I''''~ I ',-' (,,'; Ad~,t.t.t\"Lt\.o) z.ILy",1 ;>J,!.s,.,<. {!J .c~j),,,1 :i\ \ /,' ,J) e..., r{' 7 c c:.s cf J c../ dt'hd...,If-- lor, cV-!: M ,) .L" -:~I LJ, ~ \J \~ v ' ' I ( r. ( ..f- _\ L~L ..7 C J 1 "-IJ". -: ~. I".~..c. ", .;J '\. I' J \ I ,:"-'-." IY?\\ \~" 1 Ih!~ S. ':.1 L1 J IJo (.(.u,-{ () '/ r( -:- .,.1l:'J (.,.- /.) o\;j'/\,">}" /,,;,n ,;).6r~'\'L .-'. ...t~r_t~JJ 1bt<U1' ._u L..l/rr c.("s; (, "1' 'I"~ "'i.'\' plr\'l(_(~d,,!\ I oj :"'r'{~/U (^-,")[)L.",(, C'1.~r>fj '\1:' /r S V. Stat:G's of settlerne?f Negot~ations !. ) '\"-' .... \' 1 Pi d ( .~ ,/ '" I) I \ () ,j, (1, ! "Ii .I (' ';-') ! . \ \ " i 1 ~ ,) r . , ''t I. II. ,-.1, v',, ~ \) ) ( III.' IV. , it i pretrial Conferenc,e D~ta 2 I 2- Dr_. ;;:, A. Date - w",d..\ '-"C- - t I " B. Judge - 0 Ir.:r 01' y l. I ~ /?Q'.:I~ I ~ ::. ) ) C ,.t"o""O,.../'O..-t';,l'\~ , ,y.,IL /(~ ' . .l\.... ..... .I ~4 .. ...._ .a.....J Pc) ~~, C:~(' n J I.iC ~ I c.k-dr ,,; -. , !'''' 6 I ? o I . Nature A. of Case -I ' I" 'I +. (' Cause o;,l\ction f\t..\IC>)) 10-1. ill) Zd ~I-'IS 'X' o=. RJ. ~~I) ~t?[c.. \101 blcnJ" & 7.n "'hl'lbl"~i\ (lQAr,,,,c.~ Basic t~c~.?l Cl 1~12,Soo d,o/~ .h':flC.f',\ \,)l~"",d-' ....11!. \tv d.e tcJp -\ ~ de ~,1t, el-.::rrl ~ I.... Defense ell (LL\ J ,(ld '2.1) ~;'7 2-(, t li1 ~ , I B. C. ,~. (OJ.., J L, VV(/J I~, l-).\(Jf t'~., \ ! ) ~ .l)~ Trial A. B. C. D. {j~~)NonjUry - / ~ Pcremptories - C(! ~l , \ Estimate of Duration - Availability of counsel - J?l /.. '\ t e, Ill, /,\ J \ I 1,/ ('. il , '~. "'-'u'~'''''t..,...,..,........-,... ....,' ..-~ ~- -.. . , . _.... ... -.J: "'-.'~.--"""" , " " __r....-:~.-..-....I----,---.. , '. ' , .' ) 3/" / --/ ~f~ SUZANNE GREEN, As Administrntrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW v. NO, 95-1095 Civil Tenn CONRAD ENTERPRISES, pons MANUFACTURING, INC., and DALE L, MARTIN, Individually, Defendants . PLAINTIFF'S PRETRIAL MEMORANDUM I. STATEMENT OF THE CASE This case involves a breach of an employment contract to pay employee benefits to the Estate of David Winand. Beginning sometime in 1989, David Winand became employed by Potts Manufacturing, a division of Flight Systems, Inc. On November 5, 1991, Defendant Dale L, Martin purchased Potts Manufacturing, Inc" from Flight Systems, Inc" and incorpornted. From the time of his original employment in 1989 through Ihe time of his death on May 26, 1994, David Winand was employed by Potts Manufacturing, Inc" as n fabricator/welder, At the time ofthe accident, David Winand was in Maryland at a remote work site within the course of his employment with Potts Manufacturing, Inc, However, the accident occurred after nonnal work hours while the Decedent was crossing from his motel to a business across the streel to get something 10 eat when he was stmck by a Maryland driver, resulting in injuries and ultimately, his death. 20932O,IIMI'K\\IMM , , Plaintiff Suzanne Green obtained an employee handbook for Polts Manufacturing which confinns the existence of death benefits equal to one year's pay. The employee handbook was in effect prior to and subsequent to David Winand's death, Plaintifi' maintains the handbook confirms the existence of the death benefit, The manual was revised in September, 1995 but also continues to provide n death benefit. Shortly after the accident, Tracy Uhler, who was David Winand's live-in girlfriend, spoke with Walt Tejehman, General Manager and part owner of Potts Manufacturing, Ine" and was advised that there was a $12,500,00 life insurance policy or death benefit to which David Winand's Estate was entitled, Tracy Uhler is expected to confirm this conversation and a similar conversation which occUlTed with Defendant Dale L, Martin, President and part owner of Polts Manufacturing, Inc., sometime after her initial conversation with Mr. Tejchman, At a subsequent time, Plaintiff Suzanne Greeu, the mother of David Winand, also had several conversations with Defendant Dale L, Martin, in which he eonfimled that the Estate was entitled to a $12,500,00 death benefit, Defendant Dale L, Martin also advised Plaintiff Suzanne Green that the insurance company for the Maryland driver also had personal injury protection (PIP) benefits, which were to be forwarded to the Estate. Eventually, in late July, 1994, Plaintiff Suzanne Green met with Defendant Dale L, Martin at Polts Manufacturing, Ine" at which time, the Maryland driver's insurance company's check, which had been madc payable to "Potts Manufacturing, Inc. and the Estate of David Winand" was signed over to Plaintiff Suzanne Green. 'The amount of tlle check was $2,500,00, At that time, Plaintiff Suzanne Green pressed Defendant Dale L, Martin as to any insurance policies from which the $12,500,00 death benefit was going to be paid; at which time, 20'lllO,IIMEKIMMM Plaintiff Suzanne Green maintains that Defendant Dale L. Martin explained that it was not a life insurance benefit, but a death benefit to be paid by Potls Manufacturing, Inc, Plaintiff Suzanne Green maintains that Defendant Dale L, Martin explained to her that when he purchased POlis Manufacturing, Inc" from Flight Systems, Inc" he had promised the employees that he would continue to maintain the benefits they had been receiving previously. Therefore, he felt obligated to pay $12,500.00 death benefit to David Winand, who had been an employee at that time, In discovery, Plaintiff had requestcd, but did not obtain, from POliS Manufacturing, Inc" any employee handbook or benefit statements, which had been in existence at the time of David Winand's death, Although the existence of the death benefit could not be established by documentation supplied by the Defendants, Plaintiff anticipates presenting lestimony to verify !he employee handbook and death benefit which was in existence at the time of David Winand's death, Plaintiff maintains that the admissions made by both Walt Tejclllnan as the General Manager and owner of Polis Manufacturing, Inc" as well as Defendant Dale L. Martin, who was President, CEO, and owner of Pot Is l\1anufacturing, arc admissions as to the existence of the death benefit, which is an employee benefit to which the Estate is entitled, The law fim! of Angino & Rovner, P,C., was initially relained by Plaintiff Suzanne Green, as Administratrix of the Estate of David Win and, to investigate the circumstances of the accident involving David Winand and to detennine whether there was a personnl injury claim against the Maryland driver. That investigation was completed in August, 1994, and no viable claim was found against the Maryland driver, 2Il'1l20,1~1"I(\MMM . ' . , ' ' '. " , . " j _.~.___-i~___.. , ,_ n... ,. '.,~~.,~.-"""'7'~~ -""'1) '1 In August, I 994, Plaintiff Suzanne Green, for the first lime, requested Angino & Rovner, President and CEO of Potts Manufacturing, Ine" seeking payment of the $12,500,00 death benefit, P.C., through her allomey, Michael E. Kosik, to seck payment of the $12,500,00 death benefit from Potts Manufacturing, Inc. At that time, in a leller, dated August 19, 1994, and approximately every 30 days thereafter through January, 1995, Plaintill's counsel wrote to Defendant Dale L, Martin as Many times the correspondence confinned conversations that had taken place between Plaintill's counsel and Defendant Dale L. Martin, Although Defendant Dale L. Martin, on behalf of Polls Manufacturing, Ine" did respond on two occasions - October 31, 1994 and November 21,1994. Defendant Dale L, Martin at no time disputed the existence of the $12,500,00 death benefit or denied Plaintill's summary of the conversations which had taken place or the fact that Defendant Dale L. Martin had promised to pay the death benefit. II. BASIC FACTS ASTO DAMAGES Plaintiff Suznnne Green maintains the Estate of her son, David Winand, is entitled to a death benefit of at least $12,500 as promised by Polls Manufacturing, There is some issue as to whether Ihe death benefil may have been as great as one year's pay based upon representations made in an employee handbook in effect prior to Plaintiffs son's death, III. WITNESSES 1. Suzanne Green -liability and dnmages 175 East Louther Street Apartment III Carlisle, PA 17013 2Il'JJ20,I\MEK\MM~1 2, Tracey Uhler -liability and damages 805 A West Valley Street Mechanicsburg, PA 17055 3, Dale L, Martin - as on cross-examination 240 Silver Spring Road Mechnnicsburg, P A 17055 4, Walt Tejchman - as on cross-examination 327 Hinsdale Drive Debnry. FL 32713 5, BlllT}' Sheeder -liability and damages 6, Joseph Kapp -liability and damages 214 West Simpson Street Meehanicsburg, P A 17055 PlaintilTreserves the right to call anyone identified in Defendant's Pre-Trial as well as any current or former employees of Polls Manufacturing. IV. EXHIBITS I. Employee manual for Polls Manufacturing 2, Correspondence dated: August 19. 1994 to Dale L. Martin September 13. 1994 to Dale L. Martin October 14. 1994 to Dale L, Martin December 13.1994 to Dale L, Martin January 13, 1994 to Dale L. Martin V. COPIES OF WRITTEN REPORTS None. VI. STIPULATION OF THE PARTIES None. l09ll0,IIMEI(IMMM " ,', '_'J> t..~'."1>o ' . ..",.~~~--_.., 'r-~:' . VII. ESTIMA TEl> LENGTH OF TRIAL One day. None, VIII. SCHEI>ULING CONFLICTS IX. ANY SPECIAL EVII>ENTIARY ISSUES PlaintilT Suzanne Green maintains that statements made by Dale L, Martin and Walter Tejehman given their positions as owners of Potts Manufaeturing are admissible as admissions since the existence and amount of death benefit entitled to the estate, PlainlilTwould maintain that statements made 10 her as well as Tracey Uhler are admissible againsl the Defendants, PlaintilTSuzanne Green also maintains that letters sent by her attorney, Miehael E. Kosik, are admissible since they confinn conversalions between Plaintiff Suzanne Greea and Dale L. Martin as well as conversations between her attorney and Dale L. Martin as to the existence of Ihe death benefit. PlaintilT will provide a separate Brief on the admissibility of this correspondence given the fact that although Dale Martin responded to two oflhe letters, there was never a denial of the existence of the death benefit or the fact that it was owed by his company. PlainlilT Suzanne Green maintains Ihat pursuant to Pennsylvania Rule of Evidence 803(25) it is recognized that it can be an admission by a party opponent and an adoptive admission for n party's failure to deny the contents of the writing. PlainlilT maintains that they may introduce an employee manual which confinns the existence of a death benefit since it directly contradicts a statement by an owner of Ihe company that no such death benefit existed prior to the Plaintirrs SOil'S death, 209320.ll/\tm"MMM X. SEITLEMENT NEGOTIATIONS Since the Appeal of the Arbitration there have been no discussions concerning settlement of the claim between the parties, Plaintiff Suzanne Green demands payment of $12,500 as the death benefit which she was aware had been available to the estate at the time of her son's death, ANGINO & ROVNER, P.C. iehael E, Kosik, Esquire 1.0, No, 36513 4503 N, Front Street Harrisburg, P A 1711 0 (717) 238-6791 COllnsel for Plaintiff 209JlO,IIMEKIMMM , ' CERTIFICATE OF SERVICE ], Michelle M. Milojevieh, an employee of the law /inn of Angino & Rovner, P.C" do hereby certifY that] am this day serving n true and eorreel copy of the foregoing PLAINTIFF'S PRE-TRIAL MEMORANDUM upon all counsel of record, via postage pre-paid, /irst class United States mail, addressed as follows: George E, Christianson, Esquire CHIUSTIANSON MEYER 411 Chestnut Street P. O. Box ]78 Lebanon, P A 17042 l1laW(7(J 1?1Ut fit),^- Michelle M, Milojevicl Dated: 611 6/00 209J20.lIMEI(IMMM 010" ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUZANNE GREEN, as Administratrix Of the ESTATE OF DAVID WINAND vs. NO. 95-1095 CONRAD ENTERPRISES, POTTS MANUFACTURING, INC, and DALE L. MARTIN, Individually DEFENDANTS' PRETRIAL MEMORANDUM I. STATEMENT OF THE CASE This case Involves Plaintiff's contention that Defendants breached an employment contract to pay empleyee benefits to the Estate of David Wlnand. Mr. Wlnand died on May 26, 1994, while employed by Defendant Potts Manufacturing, Inc. Subsequent thereto, Plaintiff, Suzanne Green, Mother of David Wlnand, brought this suit against Defendants. II. BASIC FACTS AS TO DAMAGES The Plaintiff's claim Is against Potts ManUfacturing, Inc. There Is no claim against either Conrad Enterprises or Dale L. Martin, Individually, and both ef these Defendants should be dismissed from the suit, prior to trial. Potts Manufacturing, Inc. maintains that no death benefit exists. . .. III. WITNESSES Dale L. Martin 240 Sliver Spring Road Mochanlcsburg, Pa. 17055 Dofendant rosorvos tho right to call rebuttal wltnessos. IV. EXHIBITS None V. COPIES OF WRITTEN REPORTS None VI. STIPULATION OF THE PARTIES None VII. ESTIMATED LENGTH OF TRIAL One Day VIII. SCHEDULING CONFLICTS IX. ANY SPECIAL EVIDENTIARY ISSUES Dofondants, Conrad Entorprlsos and Dalo L. Martin, Individually, maintain that no cause of action has been sot forth against them and that, thorefore, they should be dlsmlssod from these procoodlngs. , ' x. SETTLEMENT NEGOTIATIONS Since the Appeal of the Arbitration, there have been no discussions concerning settlement of the claim between the parties. Defendants maintain that thero are no death benefits which were available to the Estate at the time of the death of David Wlnand. ~~~ .-." ~ ---- 0...;....---- C--.-.,. < George E. Christianson, ID#06310 ChristIanson Meyor 411 Chestnut Street Lebanon,Pa.17042 7172731651 Attorney for Defendants .wllt~JII.WIJV JJ,("JV /lOmlll/I'IJ'I;)!o 'PJ/lfl"/lI:fIJII.fo ,(c/o,? p,lJJ()J 1'1111 JIIJJ II JI} 0/111'11/,11 '''1/ ,(jiJJ,?,J ,(q,'J'''I'llI CtlJU~trMj';UrJ tll II II ^TIlJ/lIlI-..'. '\1 I -,\\ 41 t (;llr'~HJIJI ~"'It I T UIl^,.{H~, 1',\ ilL-I.' , 11 ~'1.11l,'d ,JlJN 2 1 2000 (i) << " .. SUZANNE GREEN, as Administratrix of the ESTATE OF DAVID WINAND, plaintiff "36 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. POTTS MANUFACTURING, INC.,: Defendants NO. 95-1095 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference in the above-captioned case was held in the chambers of Judge 01er on Wednesday, June 21, 2000. present on behalf of the Plaintiff was Michael E. Kosik, Esquire. Present on behalf of the Defendant was Jeffrey F. Arnold, Esquire. It is noted that George E. Christianson, Esquire, who is associated with Mr. Arnold, may be trying the case. This is an action by an administratrix of an estate for breach of an employment contract to pay a $12,500.00 death benefit in connection with her decedent's death. plaintiff's decedent died on May 26/ 1994. Pursuant to an agreement of counsel, and by separate Order of Court, Defendant Conrad Enterprises and Dale L. Martin will be dismissed from the case, leaving Potts Manufacturingr Inc., as the sole Defendant. This will be a jury trial in which each side will have four peremptory challenges, for a total of eight. The estimated duration of trial is one day. To the extent that any videotape deposition testimony is to be shown or read to the jury and contains objections being pursued by counsel, counsel are directed to furnish to the Court, at least five days prior to the commencement of the trial term, copies of the said deposition , ., testimony with the areas of objection being pursued highlighted and brief memoranda in support of their respective positions on the objections. counsel are in agreement that alleged admissions made by Dale L. Martin and/or Walter Tejchman would be admissible as admissions against interest on behalf of Defendant Potts Manufacturing, Inc. However, Defendant's counsel does not concede that such admissions were, in fact, made. Counsel are also in agreement that certain letters sent by Plaintiff's counsel to Dale L. Martin are admissible on a theory of a tacit admission against interest. However, Defendant's counsel does not concede tha~, in fact, they constitute tacit admissions. Counsel are also in agreement that a certain employee handbook is admissible in the case. However, Defendant's counsel does not concede that this particular handbook was in effect at the pertinent time. Counsel have stipulated that the date of death of Plaintiff's decedent is May 26, 1994. With respect to settlement negotiations, Plaintiffs have demanded $12,500.00. Defendant has offered $500.00. By the Court, Michael E. Kosik, Esquire Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Jeffrey F. Arnold, Esquire Christianson Meyer 411 Chestnut Street P.O. Box 178 Lebanon, PA 17042 Attorney for Defendant Court Administrator Prothonotary srs .,. Il'; i' ~';' I!,'; ~"': r: , , : ~ ' I' L .. :"',' ,,' , SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-1095 Civil Term CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L, MARTIN, Individually, Defendants JURY TRIAL DEr.I;~DED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.21 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to service the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no Objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to subpoena. Dated: Ii / I ~ / "i 7 121499/MMI> the .-." 1"", SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-1095 Civil Term CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. ~cn el E. Kosik, Esquire 1.0. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff DATED: 10/13/97 1214%/MMP "'\ r--. ~T11 OF Pa-lNSYLVlINIA COUNI.'Y OF 0lMIlERIJ\ND ~UZAN~E GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff File No. 95-1095 Civil v. CONRAD ENTERPRISES, et. al. SUBPOENA TO PRQOlX:E I)()CUolENTS OR llH NGS FOR D 15O:lVERY PURSUANT TO RULE 4009.22 TO: Aetna Life Insurance Co., 151 Farmington Ave., Litigation Document Cente: BR15, Hartford, CT 06156(Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court t, produce the following docunents or thin9s: Anvand all information relating to Account Control No. 127302-010-00001, incllXiing but not limited to, information concerning msurance coverage tor Potts Manuracturmgi'COnraa J:JlteI:p,ds".., !,jJ.uup v->11<.;x h.fvJ.lIIClLlvlI, - ilAtA ",,,",,,,I-,,, ~rhiroh ""',." rorTllplAtPil hy l\<I1p. MArtin showinq coveraqes which existed prior (over at Anqino & Rovner ~03 N. Front Street. Haqisburg, PA 17110 (Address) You may deliver or mail legible copies of the documents or produce things requested t this subpoena, together with the certificate of carpliance, to the party making thi request at the address listed above. You have the right to seek in advance the reasonabl cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twent (20) days after its serv~ce, the party serving this subpoena may seek a cou,.t orde carpelling you to ccxrply with it. llilS SUBPOENA WAS ISSUED AT WE REQUEST OF 1liE FOlLOHING PERSON: tw1!: Mi,...hA~' F. Knqik, F.RC'l'1irA ADORESS: 4503 N. Front street HRI~riRbur9. PA 17110 TELEPHONE: (717\ 2lR-fi791 SUPREME COURT 10 # 1fi~1l A1TORNEY FOR: Plaintiff BY 1HE CXlURT: DATE: ProthonotarY/Clerk, civil Division Seal of the Court Deputy (Eff. 7/97) .--, ~ to the date of application and other docunentation regarding coverage provided to Potts Manufacturing/Conrad Enterprises and/or Dale Martin. ......, r-o. i I' CERTIFICATE OF SERVICE I, Michelle M. prucnal, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing NOTICE OF INTENT & SUBPOENA TO PRODUCE DOCUMENTS & THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 / I'l/Alllt ~ ;ZJj(~ Mi helle M. Prucnal upon all counsel of record, via postage pre-paid, first class United States mail, addressed as follows: George E. Christianson, Esquire CHRISTIANSON MEYER 411 Chestnut Street P. O. BOX 178 Lebanon, PA 17042 Dated: 10/13/97 /, I I CERTIFICATE OF SERVICE I, Michelle M. Prucnal, an employee of the law firm of Angino & Rovner, P,C., do hereby certify that I am this day serving a true and correct copy of the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.21 upon all counsel of record, via postage: pre-paid, first class United States mail, addressed as follows: George E. Christianson, Esquire CHRISTIANSON MEYER 411 Chestnut Street P. O. Box 178 Lebanon, PA 17042 _.'11ZltMli/717 ,1d1l~t:J2..._ ~ Michelle ~. Prucnal Dated: 11119 N 7 -... . .' . . . '. . . . . . . . . . ~ . ,.. (') '>- h; ~, r.. ~ ", I"~ .. - III ~:: ""' !....: (',.. . . ~.. no, . .:~: ,1- '- ." " , l."ii. .:~. :~ j <....1,. , , (;'lL., a I',) U" i ('..' ,',.' , I -I! ..... ljlj u.., C: I ~~. ;..= ,,],~ \, ~..: r... :) 0 a. (.) ,I SUZANNE GREEN, as Administratrix of the Estate of DAVID WINAD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Pennsylvania v. NO. 95-1095 CIVIL TERM CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants NOTICE OF RESCHEDULED HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned case has rescheduled the hearing from Wednesday, October 16, 1996 at 1:30 p.m. to Thursday, December 19, 1996, at 10100 a.m. at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, pennsylvania. William A. Addams, Esquire Taylor P. Andrews, Esquire Michelle Calvert, Esquire By: DATE: October 23, 1996 TO: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 George E. Christianson, Esquire Christianson Meyer 411 Chestnut Street P.O. Box 178 Lebanon, PA 17042 Court Administrator SUZANNE GREEN, as Administratrix of the Estate of DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Pennsylvania v. NO. 95-1095 CIVIL TERM CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned case will sit for the purpose of their appointment at the Second Floor Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, October 16, 1996 at 1:30 p.m. William A. Addams, Esquire Taylor P. Andrews, Esquire Michelle Calvert, Esquire ~: ' rman DATE: August 20, 1996 TO: Michael E. Kosik, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 George E. Christianson, Esquire Christianson Meyer 411 Chestnut Street P.O. Box 178 Lebanon, PA 17042 Court Administrator SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . v. : NO. 95-1095 civil Term CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants JURY TRIAL DEMANDED o R D E R 7-cA A ' -! AND NOW, this _ day of . U~j/!.I_\- , 1996, upon consideration of the foregoing peti~ion for Appointment of Arbitrators,I.J..,/,'d'nfl1 fl,IJII,tn(' , Es~uire, 7f::,'//OA l//lIdltcWS,) Esquire, and In -' (-I) 2.//[ fA / v 1./2:/ , Esquire are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: ~(lL-/Lr-? i~ I v J. , . ALED-OFACE . or- 1HE PRO'fI-:O!'IOTAAY 96 ^,lG -8 Mi 10: n5 CU:\lbLfil.i~iJ L(iiJI'iIY PENNSYLVANIA 'j SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW . . v. CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants NO. 95-1095 civil Term . . . . JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael E. Kosik, Esquire, counsel for Plaintiff in the above- captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff Suzanne Green, as Administratrix of the Estate of David Winand is $12,500.00 plus attorneys' fees and expenses plus any other equitable amount deemed by the Court. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: George E. Christianson, Esquire CHRISTIANSON MEYER 411 Chestnut Street P. O. Box 178 Lebanon, PA 17042 WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the,case_ d'R ~M ch el E. Ros k, Esqu re I. D. No. 36513 4503 North Front Street HarriSburg, PA 17110-1799 (717) 238-6791 Dated: ~//~/ tjt, Counsel for Plaintiff 95377/DHR " " CERTIFICATE OF SERVICE I, Donna M. Rineer, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy of the foregoing PETITION rOR APPOINTMENT OP ARBITRATORS upon all counsel of record, via postage pre-paid, first class'United States mail, addressed as follows: George E. Christianson, Esquire CHRISTIANSON MEYER 411 Chestnut street P. O. Box 178 LGbanon, PA 17042 j) (DV"lJal?1,~ f), ) Donna M. R neer Dated: j-'~ 11, /qq~ ',. ~\. LJ; r:~ t~t,: , t'J ' . - I 0- -' . p..',' ;,~ J-i' I~',... I)) .:.;:-! ( ~ 5J" 0:;' 'i', -.1"1. I" rilL ;.:" ;,~ " :"; tll] r- .-- :::C\.. ". lIt ::J 0 c:' U I ' D '-' ~ " ,..j ~ , ,,,-- N , ~ '" ~~ ~ -::J. '" A ~ \~ ~0J' , , I x .... C l:ic:i 0 ~ :e ~~ . U >0 1.1.. ,.. ~ C ~a:tu~ ii ;. t;.... ::: III ,.. ! CIl ....;:a I='l:llll I- .w.. ,C .... C::I '... a:~~ :@S .... CIll'l:l 'l:l ::I... 'flI ~ ~ C g. .... ! c:r... ,jil. 0. .... <~ .... .> L'a.... ~>~i5 .:11 U ffi III .. ,-- I! c::l ,.. IIlU'l:l 1Il .... .... ~~~ I ~I.I.. g. wzc c::l C ..'C :::Oa:.. Ill.... .... 0. .w.... oa:U.ci C . .... ~z .... III ~~~~ . > c:: . . Ill,.. ~ ~~ ~!i!i5 C ~g. :50~~ e ~;~~Q c::.... ........ ~~ I- C>:lii ~~ . 0 ' ~!j a: <:I t;cn LU~ U C... tllw z.... ~..~ ~ <"i~ I~ c.... ....,.. ~if-J ....CI:l CIlCll -Jill !::~ III III ....cn>- ~~~ .cc ~> c:: G:i U::I :z ....c::> z8 .... U:Z'-' U Cl g. , . .- ' " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUZANNE GREEN, as Administratrix . : of the Estate of DA VID WINAND . . . . vs. . . NO. 95.1095 . . CONRAD ENTERPRISES, INC., POTTS MANUFACTURING, INC., DALE L. MARTIN, Individually . . . . . . PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY; SIR! please enter the appearance of Christianson Meyer, of 411 Chestnut Street, Lebanon, Pennsylvania, as attorney for Conrad Enterprises, Inc., Potts Manufacturing, Inc. and Dale L. Martin, the Defendants In the above captioned action. -' Geor rlstlanson 1006310 C stlanson Meyer 411 Chestnut Street Lebanon, PA 17042 717273 1651 Attorneys for Defendants DA TED: June 16, 1995 LI"> ~ 0") ,. -:it: .. ' hl(.~ ,'1 '?Z'-~..r. h. () l.. +1. h. ~(".:. ()~_ .. .1 .~<~-' l:~t~ '...ll'r. L :,l.J I ~ ~.'I.. -, ~U ::c: "- M <::> -::r "" => --. . ' _ ,', ~~ ~ . ! .>>::~-:-.~.:=::.:::==:.::- "" f SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAW ", ," .J . Llk. \.. V ("'r CIVIL ACTION - NO. '/j-- /tlf'5" YI~ v. CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS Please issue three (3) writs of Summons in the above-captioned matter, on the following three Defendants: conrad Enterprises, Inc. - Rexmont Road, cornwall, Lebanon county, PA 17016; Potts ManUfacturing - 240 Silver spring Road, Mechanicsburg, cumberland county, PA 17055; and Dale L. Martin - c/o Potts Manufacturing, 240 Silver spring Road, Mechanicsburg, Cumberland county, PA 17055. chael E. Kos k, Esqu re I. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 counsel for PlaintifE Dated: 3/ I / qj I I 6J274/DHR , " ~ - fl:: ~ ~ " '>'> -,- \ . <...J-C') ~ I ,j ~ ',I') I~ , ~' " 1 't. .... ~ - ","'- ..,' ~ t,:,~'.~~: ., l~"rt~:'~; ;B .-{ '-S I'- ~ ...... ...... I . OJ ,~' I'- ,Cl ........ ~~ .--J '" , '.. .~ ".". ," . ,r,' ,I, ~ ~t.. '...;:,;; e,c ~ ct: ~ -\.. ,~~~ '. ~ -- Commonwealth of Pennsylvania County of Cumberland Suzunne Green, dS Administratrix of the Estute of David Winund v. Conrud Enterprises, Inc. Rexmon t Roud Cornwull Lebanon Co PA 17016 Potts Manufacturing Inc. 240 Silver Spring ROad Mechuncisburg PA 17055 Dale L. Martin, individually c/o Potts Manufacturing 240 Silver Spring ROad Mechuncisburg Ph 17055 Coun or Common Pie... No, ______?_~:-_~9_~~__s:J...~}_~__'!:!;iE'!1_____ 19____ In _ _on __ s:_~~_~!_ _~~_~}_'!~u:__~~_~____u_____. Inc To -!=r,?~ri~-di--~!:I-~elE!?E!!l_t;!l-~u!!:I-q:_.__Rc.?_~~S Manufacturing and Dale L. Martin, nu v dUal y: You are hereby notified that SUZtlOne Grt!ene, as Administratrix of tht! Estatt! of David Winand .....-----..-.--....--.--.---.--...-------.-----..--..-----.-------------------------------------. the PlainriH " Summons - Civil Action - LaW ha S commenced an acuen 10 ________________________u______________________________ against you which you are required 10 der.nd or a default judgment may be entered against you, (SEAL) Murch 2, 95 Date ______________________________ 19____ I ~ '0 :v C J:; :0 +J C en .... :0.... :;: o '0 aJ X '.-I C'...:> .. aJ 1-<:0 I' QJ+Jt:l I-< :0 t:ll-<.... +J 0 aJ en c.... aJ CC+J :0.... :0 NE+J ::l '0 en Ul<tl>-1 o-! '.-I :> ,.-I U If! en o o-! I If! en ~ '0 c;., :Oo-! o-! . ,1] U ::l C'tl H'M > . 'M -Ol'tl en C C Jj'M.M en I-< 'rl:J .. I-<+JC 0. U'M I-< ,1] +J :v.... I-< +J :> :0 CC;E W :0 :E' 'tl ..l ,1] en l-<+JaJ C+Jo-! 00,1] Ull<P .s J ;J 31 I I I ~I U o<l; o-! 'M > 'M U en g ~ . ::1 t.l~ l'o p;lIl,Jo-I t:i!cn!!l:o-I (i ~ i~ <lI i! ~ ,a j:.' ~~~~~ If .< I . I I . I I I I I I . sH&:1U FS" s IU1~UI\N CAB&: NO. 19'5-01095 P COHMONW~~H OF P&:NNSYLVANIA. COUN~Y OF CUHB&:RLANO QI\.Ii2&:N SU2ANN1i2 ET AL VS. CONI\AO IilNT&:N>JUSIlS &:T AL Donald Harper , Sher1rr or Oeputy Sher1rr or CUHB&:RLAND County, pennay1van1a, who be1ng dU1Y aworn aaaordLng to ~aw, gaYD, thAt he gQ~v.d tho with~n WJUT OF SUMMONS upon POTTS HANUS'AC'l'U~ING INC d.r.ndant. at ~300100 HOURS, on the 8th day or H.~ah the , 19U a" 240 BILV&:~ SP~ING NOAD H&:CHANICSBURO, PA 17055 county, pennay1van1a, by handing to ,CUHB&:JU.ANP BA~BAI\A W&:LLS S&:CIU:TA~Y , a t~UQ and attogtod copy or tho WJUT OS' SUMMONS , and at thQ RaMO t~mo d~~.ct~ng ~ attention to tho aontantg thocoor. 8h.~~rr'g coatD' Doal<etLng Soa:vJ.CQ Arr1dav1t 8ua:ah~u:g. 6.00 6.16 .00 2.00 So anaw!,.5-l"~" ~r..~.~ ~ ... ~.:: A I ,..........~~.I'"~,. _~.:--<! ~. ThomaD K~~no, Sh.r~rr &14.16 ANGINO ~ ROVN&:~ 03/13/1995 by ,-, .- , ... /' /'-/ .' ~/ .:,./~,LL'L.,,/ L;W~ / Deputy"sn rr Swoa:n and aubga~ib.d to boror_ me th1a ,).J ."'.... day ?~ ()I"" I or Ill. .,1--' 19 A.D. 0, '>l'..,~),,-, U;!1., P rothonota ry' . 8H~~XFF'8 ~TUnN CA8~ NO. 1995-01095 P COMHONWmALTH OF P~NN8~VANIA' COUNTY or CUHBmRLAND a~mN QU2ANNm mT ~ VQ. CON_O ~NT~~JUS~S &:T ~ Donald Harper , 8he~~rr o~ Deputy Sha~~rr or CUMBERLAND County, PQnngy1van~a, who bQ~ng du1y 8worn accord~ng to 1aw, Daya, that he Rerved the with~n WruT OF SUHMONS upon HAI\!I'IN DALm L darendant, at 1300100 HOURS, on the ~ day or March the , 19l1 at c/o POTTS HANUFACTUJUNG rNC 240 SXLV~~ SPJUNG I\OAD H&:CHANIC8BU~, PA 17055 County, Penngy1v..n~a, by h..nd~n9 to AND P&:MON IN CHA~G , CUHBGI\LAND BA~_ W&:LLS smcau;:TA~Y , a truQ and attaatAd copy or ~hQ WJUT OF SUMMONS , and at the Rame time directing ~ attention to the contantA thereot'. Shor::Lrr' a CoatclI Doal<et~n9 service Arr~d..v~t lBuleohargCII So anliilWQl:liI1 6.00 .00 .00 2.00 . ~.,../:~,,~ ~:..~~;1 ,/,-".. ...-->>.' ..,......'J':-...-....... .J ~ ...~. ,......f. -....-......;',/I""._t~~4' R. ~hom~a K1ino, Bharire SB.OO ANCINO ~ ~VNm~ 03/13/1995 ". by //--::' ___ .A~,,- - <-l::_'~"L-L~~ ~. r' . DeJ'l"ut he~~rr Sworn and GUDIiICribGd to Daror. me th~g ~) _...l.. day or 711,......./....,) ./ 19 (/':1 A. D. (, C...... ___.'lI LL.. ' 1}k.,,~L'--'/ j p~othonot..~y "-',-/,-C,' Ii deput~=ed the Dhe~~rr or to g.~V. tho w~th~n LmBANON COUNTY WIUT OF SUMMONS County, Penngy1van~a. SHmJUFr's ~TUI\N CAam NO. 1995-01095 P COHHONWGALTH OF pmNNSYLVANIA. COUN~Y OF cUHsml\LAND aRm~" gU2ANN~ ~~ AL VB. CONIUo.D &:NTm~JUQ&:S mT Ax. 1\. mhomalil Klotno , 8he~~rr. who bo~n9 du1y Dwo~n aaao~d~n9 to 1aw. gayg, that he made d~1~gent Dea~ah and ~nqu~~y ro~ the w~th~n named dorondaot, to w~tz CONIUo.D mNT&:~1U amB but wag unab1Q to 1ocato Them ~n h~g ba~1~w~al<. He the~ero~e on March 13th. 1995 , Ch~D orr~ce wae ~n ~eae~pt or the attached ~otu~n rrom LmBANON COUNTY county, penngy1van~a. Doall:et~n9 Out or county au~aha~ge LmBANON COUNTY 1B.00 9.00 :1:.00 27.65 So anaWQrlilt ---","~r~ ,.<;1' it ~.-<,~ _..~'i.lo'. I /.,- ,r:. '11 to'''' 4t'.~,I'Ii'...,...,:a-,t::,.. ,(,. ",.,." " '* , .. . ..,. "" ..,', . R... 'rhomaa KJ.:Lno. Bh6~.i.re'" 8h.~~re'g Cogtal $56.65 ANC%NO ~ ~VNm~ 03/13/1995 8wo~n and gUbaa~~b.d to bQro~. me th~g ) 1-.1. day or 711.......:'- 19 "',{:I\.. D. ~:I.I'L"'" C. ))1,((,.-' Il.rl:r~l r prothonot,at:y' 'r... '-,.< - ......:;u.... CT' C m.....o \ -1",-". -T' ,..........-.:'..l'-nd ....... '~""I p--r:"'yl".......l- ~ It n::.: '-...... . ~ .: ~ HI :". r __;j lr,J .""".-_0--"'- _, ...".....,'-.11,' =..... ....,:..... Suzanne Green, as ~inistratrix of the Estate of David Winand 'is. Conrad Enterprises, Inc. :'10. 95-10'l5 ----r :~--- ~i\ill.._._ Xow, March 07 , 1995 . :9__ I, S:~..!:::' O~ C~G.=..:...!..A.'fD COt-'"'":-l'l"Y, ?o\.., co h=--by d...-puci::: cl:: Sb==E oi Lebanon Cuu:ty :0 :""'::-:-.U:: ::is .,v=!; :!::s ~u=::Ct1 =~ -!1':. ~t :!:: :-:qu=:t :.::d ::A at :.:::: ?!3!:=.:t. ?~fJ-C::..r_~~/~ Slle..'1:l at C::::::u'.md C~u:tT, ?:l. . ASda;vit Or Sem~ Xow, ,,4/a.rc /, '7 O'.:.'c"~ . 'A ..;; ~ 'te. !=-I~ - !g ~ j ~: . 1/. N :.:e ';Vir:":" .<lr')'tJ.1..1 dn S ,II" C~'YI./ .J/el,Cl" - La w 'JF<'ll ell)" ,-,....d E" -1...- ^,-', s<'s ::z:;.c. ~t r.o.l3. '1?~~I""OI\-f. f(,,;_.J, C.,.-,......."'{f (8o.redl, )' =;. 2"':>o..le /... hA.--I ,'" J?..~. c<f' a""'I'A'--~I_ ::v, ::u:': :a ,.II... ..--- .- J . u 3. -/-"'Vi!.- '-I (.t."I-+" sfeJ . c:py ai :::.= o::~..." 5~J~'-C:'\o; md -.,:. bcwa :0 I,; ._ .. = .:=:t::::S :..~::::i. So =w=, .' ,>",'o/C: /) /l,(}. r../ .. ~ .. . J/ 1/ I' :-.:' (...:- '.,.'. d' It;/]? (,~- AI: S Shdii 0/ .1 < " I"\- - I' .. '1 eollAtT, ... Swot: :md sai::sc-.i:d c.::= =::!::s 'lYI. 6yoi 'i,--'<-L COSTS SZ-1. "',rrcz ~m...::'''\GZ oS 19K -- ,,2 3. ;2'J :;..<{O .-\.::IDA VIT .2. frO ~ ~ . ; 1'1 '~"~ _ A. ..xi1;;;;;..~_'J~_ ( I r.". . ..! .. , I_ I, .'. .. ., . - ,:27,(..~ ---,1,;.,.----- S '-;~::['.rL/t. 1/'1- -rr7. ':3 ~- ,dh."I.<f,j f_ ---a ., .' I.. SlIHMONS IN CIVIL IIC'rION - LIIW No. 95-1095 CIVIL I.ebanon, PII., March 9, 1995 SUZANNE GREENE, as IIdmin. of the EST. of DIIVID WINAND (RETURN TO CU~mERLlIND CO. SHERIFF) vs. CONRAD ENTERPRISES, INC. ~"... 8089 STATE OF PENNSYLVANIA } COUNTY OF LEBANON } ss: Charles E. Williams, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within SUMMONS IN CIVIL ACTION _ LIIW upon CONRAD ENTERPRISES, INC., the within named DEFENDANT, by handing a true and attested copy thereof, personally, to Dale L. Martin, he being president of the business, on March 9, 1995, at 11:00 o'clock A.M., at the place of business, Rexmont Road, Cornwall (Borough), Lebanon County, Pennsylvania, and by making known to him the contents ot the same. Sworn to and subscribed before me SO lINSIiERS, CJWrP..1. c: /J)J!~ DE:'.U, TY..SHERIFF /U' N~~' -',,-/ .1 //, . if ~ ",'ol.-.;.-';[ul! _I. , > 'ViLe-"...... SHERIFF \/ ,v.:.s ~th,iS 9th day of ,March, A.D., 1995 0~ r ~"'~~lo~-:-_____ -<./ Notary Public I tkr:";;~i" 'l ,'j;~ 1't"y I ......,... ~. '.". " . I ,I ~ , .' ~.- j'" """!"l l i I . I. . ~ -:. cr :.: -;', ',\ ,','; I': ;1:;. I J ~ : t 11../, t"""".,. ,,_ \ . .. , - . ...1. '. ~~ .. 'f ,- t ].I . nil' - ..-----.____-=--~', v. ,....j --'j IJfJDn:r~r .';:) . c..u.:J..L~-J.:.h-f\oO'~.Ci.^rh\J\:~'"E11INt:ib----- Advanced costs paid on 3/08/95 Check No. 08942 Amount 75.00 Costs incurred: ~nount 27.65 Refund: Check No. 1649 Amount 47.35 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the f costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. 1072 ___Sec. 2, Act of June 20, 1911, P.L. I ! I i .1 ! I k , \. . -_""'.......,;_:,11.. .--~~~-.. ~ M I . , ) .,.......,.j,.~~#.,~~t'; .,' """ , ' - , .. -: . . ",. , , " . . SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1095 civil Term v. CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants 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 and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland county Courthouse - 4th Floor 1 Courthouse Square carlisle, PA 17013 (717) 240-6200 63463/DHR SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1095 Civil Term . . : v, CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants . . JURY TRIAL DEMANDED NOTICIA La han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuastas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de las fecha de la demanda y la notificacion. Usted debe presentar una apariencia excrita 0 en persona 0 por abogado y archivar en la corte en forma excrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, las corte tomara medidas y puede entrar una order contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SEPUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse - 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-1095 CIVIL TERM CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants JURY TRIAL DEMANDED c 0 M P L A I N T 1. Plaintiff Suzanne Green is an adult individual and citizen of the Commonwealth of pennsylvania, who resides at 175 East Louther Street, Apartment #1, Carlisle, Cumberland county, Pennsylvania. 2, Plaintiff Suzanne Green is the mother of David Winand, deceased, and has taken out Letters of Administration on behalf of the Estate with the Register of Wills of Cumberland County, 3, Plaintiff's decedent David Winand died as a result of an automobile/pedestrian accident that occurred on May 26, 1994, while the decedent was at a remote work location for his employer, Potts Manufacturing, Inc. 4. Defendant conrad Enterprises, Inc. is a corporation registered to conduct business in the Commonwealth of Pennsylvania with a principal place of business at Rexmont Road, P. O. Box 656, Cornwall, Lebanon County, Pennsylvania. 63B62/BHL 5. Defendant Potts Manufacturing, Inc. is a corporation registered to conduct business in the commonwealth of pennsYlvania with a principal place of business at 240 silver Spring Road, P. O. Box 1087, Mechanicsburg, Cumberland County, pennsylvania. 6. Defendant Potts Manufacturing, Inc. is believed to be a division, wholly owned subsidiary or affiliated with Defendant Conrad Enterprises, especially with respect to ownership and employee benefits, based upon documentation received for the Defendants. 7. Defendant Dale L. Martin is an adult individual and citizen of the Commonwealth of Pennsylvania, who is President and Chief Executive Officer of Potts Manufacturing, Inc., with a principal place of business at 240 Silver Spring Road, Mechanicsburg, Cumberland county, Pennsylvania. 8. Prior to and including May 26, 1994, Plaintiff's decedent David Winand was employed by Potts Manufacturing, Inc. 9. David Winand's death occurred while he wes in Maryland on a work-related project for Potts Manufacturing, Inc. on the evening of May 26, 1994 10. On May 26, 1994, Plaintiff's decedent David Winand, as a pedestrian, was attempting to cross westminster Pike (Rt 140), in Carroll County, Maryland, when he was violently struck by a vehicle driven by David Helfrich. 2 11. As a result of the aforesaid accident, Plaintiff's decedent David Winand sustained serious injuries. He was flown by helicopter to the University of Maryland Shock Trauma Center, where attempts to resuscitate him failed, and he was pronounced dead on May 26, 1994 at 10:55 p.m. 12. As an employee at Potts Manufacturing, Inc., Plaintiff's decedent David Winand was entitled to receive a death benefit in the event of his untimely death, and this death benefit was provided for by Potts Manufacturing, Inc. and/or Conrad Enterprises. 13. The aforesaid death benefit has been represented by Defendant Dale Martin to have a value of $12,500.00, however, no , ( \ documentation to confirm that this is all the Estate of David Winand is entitled to has been provided, inspite of several requests. 14. Defendant Dale L. Martin, President of Potts . Manufacturing, Inc. and Conrad Enterprises, had made oral agreements to pay the $12,500.00 death benefit in lieu of any other insurance payments which the Estate may be able to receive, but has failed to make said payment after repeated requests, 15. Defendant Potts Manufacturing, Inc. and Conrad Enterprises have failed to pay the death benefit to Mr. Winand's Estate, allegedly valued at $12,500.00. 3 16. As part of his employment agreement with Defendant Potts ManUfacturing, Inc. and Conrad Enterprises, Plaintiff's decedent was entitled to receive a death benefit, Which had been represented to be $12,500.00. 17. Defendant Dale Martin, as President and Chief Executive Officer of Potts ManUfacturing, has confirmed the existence of a death benefit, payable to the Estate of David Winand, and has on several occasions promised to make payment of the benefit. 10. After numerous attempts by letter and by telephone by Plaintiff to the Defendants, asking them to pay the $12,500.00 death benefit, Defondant Potts ManUfacturing, Inc. and Defendant Conrad Enterprises, by and through Defendant Dale Martin, have not paid tho benefit, 19. Defendant Potts ManUfacturing, Inc. and Conrad Enterprises have breached their contract with Plaintiff's decedent to pay tho $ 12,500 death benefit in accordance with the terms and provisions of the aforesaid employment agreement. WHEREFORE, Plaintiff Suzanne Green, as Administratrix of the Estate of David Winand, demands judgment against Defendant Potts ManUfacturing, Inc., and Conrad Enterprises and requests payment of 4 death benefits of $12,500.00 to the Estate of David Winand, together with interest and counsel fees and all other general and equitable relief as provided by law. Dated: 5/5/9.~ chael E. os k, Esqu re I. D. No. 36513 4503 North Front street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiff -j, Ln en - .. ,.'. -I '_'l (Y) C~=' '- :~~ ~) >< < .~ .... l- . Z ....'" . tIl< "'z >, <> 1-< ~ W...J ....z ~ -'>- VI.... Vl '" O-Vl .,..~4- l= '0 ::l ... Z :=;: c: .... c:'C c: ZZ e: .,..C.,.. e ra'r- '" I OW W e.... ... 0- :> '0 ~Q. I-- '0> c: ..~ c: CJ:<'''' . . '0 1IJ o ..:J:-J "'''' VlUC .... U><e- VI r- . WZ_ 1IJ I--...J> <u..o. :> Vl.... '" u..Z .... 0 .... . O~ IU . e: 'Z 0 ;,:W 0. <,p-.. I--U;': WI-- e:ZI-- '" Oltl w< w.... e: :>C~O\ e:1-- 1--"'< OZI--O t:lVl Z~=== uc(u- W WI-- ...J<l w U . We: ltl ;,:1IJ "'<...J XW-JO"l ;,:.<= <u.. 1--"'.... .s.... e: ~ liJ :=;:> . ZZ...J 2=>>......0 ~.... O~< ....4(..)UZ VlO U Cl I-- z 1IJ I- .~ ::l lfi "'.... VI.... U liJ'~ It ... .c: 0 .><.~ ~ .~ '" VI r- Oo. ><: I- '0 W.... ~~ 1IJ1IJ "'VI .<=c: U::l .~ 0 :=;:U ~!tl:'! .. a: ;::: a:t;~ w...< Oi ZZZ .... ~ ~ ~ I ~ a: u. ::l oll~g r: Ooffi E ZZVl as~ ZlI>< c:t,,:a: .... < -' 0. :E o U . . ....1tt.!...!l".....'8"""".."".. ~"If\l,/n''''''''1'''JI1'I'I,l'' .. I IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYL VANIA CNIL ACTION. LAW " , SUZANNE GREEN, as Administratrix . . of the Estate of DA VID WINAND . . . . vs. : NO. 95-1095 : CONRAD ENTERPRISES, INC., : POTTS MANUFACTURING, INC., . . DALE L. MARTIN, Individually . . ,4NSWER TO COMPLAINT AND NOW comes Conrad Enterprises, Inc., Potts Manufacturing, Inc. and Dale L. Martin, In response to the Complaint, respectfully alleges as follows: 1. Admitted. 2. Denied. Upon reasonable Investigation, the truth of the allegation cannot be ascertained, and proof Is demanded thereon. 3. Denied. Upon reasonable Investigation, the truth of the allegation cannot be ascertained, and proof Is demanded thereon. 4. Admitted. 5. Admitted. 6. Denied. it Is denied that Potts Manufacturing Is a wholly owned subsidiary of Conrad Enterprises, and It Is further denied that the employee benefits of Conrad Enterprises and Potts Manufacturing, Inc. are In any way related, with the exception of a 40 1 K Plan. 7. Admitted. 8. Admitted. 9. Admitted In part, denied In part. It Is admitted that David Wlnand's death occurred In Maryland on the evening of May 26, 1994; It Is denied that, at the time of his death he was, In any way, working for or his activities were related to Potts Manufacturing, Inc. 10. Denied. Upon reasonable Investigation, the truth of the allegation cannot be ascertained, and proof Is demanded thereon. 11. Denied. Upon reasonable Investigation, the truth of the allegation cannot be ascertained, Dnd proof Is demanded thereon. 12. Denied. It Is denied that, as an employee of Potts Manufacturing, Inc. that the Plaintiff was entitled to any death benefits as a result of his death. 13. Admitted In part, denied In part. It Is denied that Dale Martin made any representations that there existed any contractual benefits due to the decedent and/or his estate; It Is admitted that Dale Martin gratuitously has Indicated that he would help In burial expenses. 74. Admitted In part, denied In part. It Is denied that any oral agreements have been made; It Is admitted, however, that Dale Martin has gratuitously Indicated that he would, under certain circumstances, pay a total amount of $72,500 to representatives of the decedent, and has gratuitously advanced funds for the decedent's burial. It Is denied that there was any agreement or any obligation to pay the sum of $72,500. 75. Admitted In part, denied In part. It Is admitted that Potts Manufacturing, Inc. has not paid any death benefits to Mr. Wlnand's estate; It Is however, alleged that they have advanced funds for the purposes of the funeral bill. 76. Denied. It Is denied that, as a part of any employment agreement, that the Plaintiff's estate was entitled to receive any death benefits. 77. Denied. It Is denied that Dale Martin has ever confirmed the existence of an employment agreement or death benefit; It Is admitted that, from tlmo to time, Mr. Martin has represented that he would gratuitously make payments to the estate, If certain conditIons were met. 78. Admlttod In part, denied In part. It Is admitted that requests were made by the Plaintiff to the Defendant, Potts Manufacturing, for the funds, and It Is further admitted that no payments have been made on that requost; however, It is denied that there Is any responsibility for funds to be paid. . 19. Denied. It Is denied that Potts Manufacturing and Conrad Enterprises have breached any contract with the Plaintiff to pay any sums or death benefits. WHEREFORE, Defendants respectfully requests your Honorable Court to dismiss the Complaint against Potts Manufacturing, Conrad Enterprises and Dale Martin. ~ GeE. Christianson 1006310 Christianson Meyer 411 Chestnut Street, P.O.Box 178 Lebanon, PA 17042 717273 1651 Attorneys for Defendants . . COMMONWEAL TH OF PENNSYL VANIA) S5: COUNTY OF LEBANON ) Dale L. MartIn, beIng one of the Defendants hereIn and being duly sworn according to law, deposes and says the facts set forth In the foregoing Answer to Complaint are true and correct to the best of his Information, knowledge and belief. lM d rJJtt-. Dale L. Martin I Sworn to and subscribed before me this I!;!!:....day of eJ'lM L , 1995. ~;j,tJ Q (J _ /to dL/ NOr. RY PUBLIC c.--..----------- NorMiI.:J.L SEAL S\JE f." (;[(;1\, IMit!'; Public It:~,aI)Q!1, 1I!tjl);")ll (P,l'11.,. J-t) Com'r\:-H;!,Jrl ll~"'l!. lO. 6, 91 ---'.. ........ CERnFICA TE OF SERVICE I, SUE A. BECK, an employee of CHRISTIANSON MEYER, 411 Chestnut Street, Lebanon, PennsylvanIa, 17042, do hereby certify that I served by U.S. FIrst Class Mall, postage paid, on June 16, 1995, a copy of the within Answer, addressed to the followIng: Michael E. KosIk, Esquire 4503 North Front Street HarrIsburg, Pa. 17110-1799 Attorney for Plaintiff xd~CL.6vkJ Sue A. Beck JOJ hallJOl1V JahJIV 1I0SIIO!ISPIIQ JO 'pallJ IOIl!Il!JO JO .(doJ IJJJJ[)J 1)1/0 anJI 0 aq 01 II!II/!m alii .(J!IJJJ ,(qaJJII aM og:; ,- . .... ':f;~ = u_ ," '" -;r hi,- '. ...;..- '.. ~., " " en -- ",. '" --, : i , 1 ii _ /) flYJff} fl m '10 /J? ~ P /1./ Donna M. Rineer v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 95-1095 civil Term SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, plaintiff CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE This is to certify that on the 5th day of May, 1995, a true and correct copy of the COMPLAINT, No. 95-1095-CIVIL TERM, was mailed to Conrad Enterprises by certified Mail, Return Receipt Requested, at Rexmont Road, P. O. Box 656, cornwall, PA 17016. A copy of the certified mail receipt No. Z 070 025 783 is attached hereto. AFFIDAVIT OF SERVICE This is to certify that on the 8th day of May, 1995, a true and correct copy of the above-noted COMPLl\.INT was served upon Conrad Enterprises, via Certified Mail, Return Receipt requested, at the above-noted address. A copy of the signed return receipt No. Z 070 025 783 is attached hereto. [)rrnma m. ifn.p~.A) Donna M. ineer sworn to and subscribed before me this _1J..2? day of ~, 1995. [~::;'-~~~:~'I~:~>";;'" '. .. .. ) _~~lfA.. II.......,..,-'.r....::.)....: /' Not y pUblic 0> c.,.M,lh':r. E...', ", ,...._~,\.. FA 68417/DMR "'-'.._.-..:.~ :.:':::;;:.::.:::.: '" i-i\.,c:',1"m"'ncIiorH.rtddlllon:'''",I~'':\ ^'" I .1,0 wllh 10 r'C'IV"'hII:'l::;~:~ ':'11 ,.,Comp!"IJt.m'3. and 4.. b. .. .." .' "'.~:r-'''. following ..rvlce. (for In extra: t t, :.PJtntyoufnamt.nd.ddt..lonttli"varlfotlhl._'ornuolhllw._can 'eo)' J f :.': ) rl':::.::~*,Y:i;" fr.n~~llht m~lpl,~,.. ~r Dn'\~ bock "'P"'. .': 0 Addr,......~(\d~'~f,'r '{ i.I,. wrtto~..."""'nocol. p"n,qU<'."d"on'hom,nplOC'boIDW_"hUnJ'Ionumbor' 2. 0 R'.',lct.d D.IIV.rY";'f..1 l','ti':,""RttUm tlptwrillthowtowhomlhlartieltww..dtlllJtred.ndlhtdl't" ,'",' -",-,'} " r~ g 'd.wYII.d.,~' l", ',. ' , : "'" Conlult allmalter for 'I..',T-.~' 1 '.~,.3.:ArlICI'~ d,.~..dIOI'\ '_ '.', 4...ArlIC'...Numb...' . . . ')".)1 !':'CaMa:d.~ a . i.J ,'t";~.;.:igy,m({nf~~d..:;" . ~:%t~~P.g'~ci~~F. '. H~"j; ,:- '1), O"/3o-v. (P61tJ ".-;, p;i., M~II -gRitum R.c.lpt for ';1. ) '. ',,, . ", ~.' f, . }"I" ','. . " " , > "', iii: ~ ': ,.. -,,' '. -nLl ,. , '.01 D.llv.ry-' . -,-- ol:l; '_ ~ ,'" rTT ')j"" ',' "':'"""1' ......'. Addr."IOnl~l!r.qu.~tad t'; ~~;~ '.i..P;'d": "T:,Jii,"';;;~:~ii~',~~~ U~....L,II Lt cl..l,-"."N.""'!'A . DOM~1!CRETURN.~C?ElP,T:~F; ",. .,.~:." ,_, ::_____;.._;.;.~..':.::-~~~~:,; ': _,' ~_ )/.,,:~; ;-':','---:~";.:_(,::'\;-~'_:'\f:;'j\i' f r::; _~'i' ~~ ~F :i.;oj._,,:- ~,.1 w~; Z 070 025 783 ~ ReCllipt for Certified Mall No Insuranco eaymBaD Providod ~ 00 nOI use for Intom81ionnl MOil .. I v.... 1500 Roverso) efl.....'J I.,,, ~I'I'(...I ()..Io.el, It'll fffU'O:h"IU"i<.,..h, M "tl"'InIIl'(",~'!:,I'O"""'1I g; 10 W"om I'. o..t... D..1ror'I',J ~ 1! ~ ".I\lftl ""'("opl ~I'u"'.n\llll \'V.n'll UMf. MlOl "t1',...,u!'.,', ^'1<lrvu tOTAL "O\t~i1" ...,,,,1 $ 1'(l\IIlWktll{),lhl' 5h'/CJ5 C~ ,,; o '" M E If ,UI ,n. CERTIFICATE OF SERVICE I, Donna M. Rineer, an employee of the law firm of Angino & Rovner, P.C., do heruby certify that I am this day serving a true and correct copy of the foregoing AFFIDAVIT OF SERVICE upon all interested parties, via postage pre-paid, first class united States mail, addressed as follows: Mr, Dale L. Martin c/o Potts Manufacturing, Inc. 240 silver spring Road Mechanicsburg, PA 17055 Potts Manufacturing, Ino, 240 silver Spring Road Mechaniosburg, PA 17055 Conrad Enterprises Rexmont Road P. O. Box 656 Cornwall, PA 17016 . t9rmma mJ0MPt) Donna M. R neer Dated: Ir)o# /~ /CJ9.5 Ln en - - 17: " " ,", ,.. .::7 '- C") c:o - >- "., ::x;: Ln en - ;.-- ,.. "'. P') C~"'l'''.' Wr.-.~.I~ -I -....-. _I.UU1OC u..:::l-:1hJ ....::.:.\.,. h. ::-: Qt. (;:. .-... ~. SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . v. : NO. 95-1095 Civil Term : CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L, MARTIN, Individually, Defendants . . : : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE BY ORDINARY MAIL Personally appeared before me, Donna M. Rineer, an employee of the law firm of ANGINO & ROVNER, P.C., and states that the WRIT OF SUMMONS in the above-caption case was filed on March 1, 1995; Service was made by the Sheriff of Cumberland County on March 8, 1995 on Defendants Potts ManUfacturing, Inc. and Dale L. Martin, and deputized service was made by the Sheriff of Lebanon county on March 9, 1995 on Defendant Conrad Enterprises, via service on Dale L. Martin, President of Conrad Enterprises. I, Donna M. Rineer, further state that the COMPLAINT in the above-captioned case was mailed, via Certified Mail - Return Receipt ReqUested, to Conrad Enterprises, and an Affidavit of Service was filed with the Court on May 17, 1995; also, two COMPLAINTS were mailed, via certified Mail, to Defendants Dale L. Martin and Potts Manufacturing, Inc., however, after three attempts at service, the COMPLAINTS were returned as "Unclaimed", The two COMPLAINTS were then served, via postage pre-paid, first-class United states mail, on the fOllowing two Defendants on May 23, 1995, and that same COMPLAINTS were not returned within 15 days after mailing: Mr. Dale Martin - c/o Potts Manufacturing, Inc., 240 silver Spring Road. Mechanicsburg, PA 17055 Potts Manufacturing, Inc. Mechanicsburg, PA 17055 240 Silver Spring Road, Sworn to and subscribed before me this day of , 1995. Notary Public CERTIFICATE OF SERVICE I, Donna M. Rineer, an employee of the law firm of Angina & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing AFFIDAVIT OF SERVICE BY ORDINARY MAIL upon all interested parties, via postage pre-paid, first class United States mail, addressed as follows: ~ (httJ.. ~~r Ke.~d. Mr. Dale L. Martin Potts Manufacturing, Inc. c/o Potts Manufacturing, Inc. 240 silver Spring Road 240 silver Spring Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Conrad Enterprises Rexmont Road P. O. Box 656 Cornwall, PA 17016 IJ()?v'na m.~~.J;rIA , Donna M. R neer Dated: 9.{)hLL };),; jqqS Ln en ~ ~2-- ..".- Id:;:-:.., ~.Z'r..:-~ I... '-:l ~,.) ..i .,....J~{)~. t~' ,,. ...: .., ~, '-:'..t >. . ._.,111 t..t:. I. ,'~ r~ 1/::: ,~. ~." t;.l"." = --c '" In <=:> - ...., - '" -~ SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff . . IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1095 civil Term . . v. CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants . . . . : : JURY TRIAL DEMANDED TO: Conrad Enterprises Rexmont Road P. O. Box 656 cornwall, PA 17016 DATE OF NOTICE: June 9, 1995 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE, NAMELY, YOU HAVE FAILED TO RESPOND TO THE COMPLAINT, FILED ON MAY 5, 1995 AGAINST YOU, AND NO ATTORNEY HAS ENTERED AN APPEARANCE ON YOUR BEHALF, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TARE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Courthouse - 4th Floor 1 Courthouse Square CarliSle, PA 17013 (717) 240-6200 M chael E. Kos k, Esqu re 1. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 23S-6791 Counsel for Plaintiff Dated: /.p IIJ.. / q5 . , 70059jDMR CERTIFICATE OF SERVICE I, Donna M, Rineer, an employee of the law firm of Angina & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing NOTICE TO TAKE DEFAULT upon all interested parties, via postage pre-paid, first class United states mail, addressed as follows: ~&i J'h~ -~ /2u..4:pi ~1UUd,d Mr. ufle- L. Mar~in- ~'---potts Manufacturing, Inc, cia Potts Manufacturing, Inc. 240 Silver Spring Road 240 Silver Spring Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Conrad Enterprises ReKlllont Road P. 0, Box 656 Cornwall, PA 17016 J.0(frVYJ(I. 0. ~~e J Donna M. R neer Dated: ~J/j", j.:J,/C/Cl'l Ln en - r... .r.~ ..f... hl~~ :;~l l.'~ 2'. ...~ ~.. '';:C1t- ~~~ ,._;J.'n., ~"-;. ".-:.....,"1 - .-li_ o ::~ - t" ;:: ,::,: = ....1:' en In <:::) ....., "" => -., ~~; ,-<' .. .. ~ .#I, t. .- SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. CIVIL ACTION - LAW NO. 95-1095 civil Term CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants JURY TRIAL DEMANDED AND NOW, consideration ORDER this t. '-/... day of of Plaintiff's Motion Answers to Ar"''/ to Compel 1996, upon Plaitniff's Interrogatories and Request for Production of Documents Addressed to Defendants Conrad Enterprises, Potts Manufacturing, Inc. and David L. Martin, Individually, it is hereby ORDERED that Defendants must provide Responses to Plaintiff's Interrogatories and documents in response to Plaintiff's Request for Production of Documents Propounded upon Defendants Conrad Enterprises, Potts -I/, 1.'1 Individually, within ~ Manufacturing, Inc. and David L. Martin, 1. ~ days of the date of this Order. BY THE COURT: /}. J. J ,) " " '.- , [:: i . t"r" (\',' rt:~. (ji ,--'r' ..., 17, --. Lr; " ".l '-oj - <. f .il} -- .' , -:) J .. ,\, .1. '. ~. SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . v. . . CIVIL ACTION - LAW NO. 95-1095 civil Term . . CONRAD ENTERPRISES, POTTS MANUFACTURING, INC" and DALE L. MARTIN, Individually, Defendants . . JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO COMPEL ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REOUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANTS CONRAD ENTERPRISES. POTTS MANUFACTURING, INC. and DALE L, MARTIN. INDIVIDUALLY AND NOW, Plaintiff Suzanne Green, as Administratrix of the Estate of David Winand, by and through her attorneys, Angino & Rovner, p,C" hereby states the following: 1. The instant action was commenced by the filing of a writ of Summons on March 1, 1995. 2. On May 5, 1995, counsel for Plaintiff Suzanne Green, as Administratrix of the Estate of David Winand, filed a complaint. 3. On June 16, 1995, counsel for Defendants Conrad Enterprises, Potts Manufacturing, Inc., and David L. Martin filed an Answer to plaintiff'S Complaint. 4. Between May to october, 1995, settlement discussions were undertaken. 5. On February 26, 1996, after it appeared that settlement was not going to occur, counsel for Plaintiff Suzanne Green propounded a set of Interrogatories and Request for Production of 89546jLAO .. '. J ,t. , Documents on Defendants Conrad Enterprises, Potts Manufacturing, Inc. and Dale L. Martin, as required by the Pennsylvania Rules of civil Procedure, A copy of the Interrogatories and Request are attached hereto as Exhibit "A". 6. To date, Defendants Conrad Enterprises, potts Manufacturing, Inc. and David L. Martin have not responded to Plaintiff's Interrogatories and Request for production of Documents, and said responses are overdue. 7, By letter, dated April 3, 1996, counsel for Plaintiff Suzanne Green wrote to counsel for Defendants Conrad Enterprises, Potts Manufacturing, Inc., and David L. Martin, advising that their responses were overdue and giving Defendants ten (10) days to provide responses to the requested documents. A copy of the letter is attached hereto as Exhibit "B". S; Defendants Conrad Enterprises, Potts Manufacturing, Inc, and David L. Martin have failed to comply with all of the discovery requests, as required by Pennsylvania Rulss of civil Procedure 4005 and 4006. 9. All of the discovery sought by plaintiff Suzanne Green through her Interrogatories and Request for production of Documents is relevant to the instant action. 10. Defendants Conrad Enterprises, Potts Manufacturing, Inc. and David L. Martin have had ample time to respond to Plaintiff's Interrogatories and Request for Production of Documents. .. " . J. . 11. No objections have been filed to the Request for any of the documents. 12. Plaintiff Suzanne Green believes that answering all of Plaintiff's discovery requests would not burden or oppress Defendants Conrad Enterprises, Potts Manufacturing, Inc" and David L. Martin. WHEREFORE, Plaintiff Suzanne Green, as Administratrix of the Estate of David Winand, respectfully requests this Honorable Court to enter a Rule to Show Cause why Defendants Conrad Enterprises, Potts Manufacturing, and David L. Martin should not respond to Plaintiff's Interrogatories and Request for Production of Documents, as required by law, within ten (10) days. cll I. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiff Dated: if/15/% , I ~ ....~. .0_.; i Exhibit A \ ,. i \,. -.' .~ -- . ~. e" -. .... . -.~ ~ " . , i , i , ' Ii i SUZANNE GREEN, A;,; Administratrix of the ESTATE OF DAVID WINAND, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAlIIA CIVIL ACTION - LAW NO. 95-1095 civil Term v. CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants . . JURY TRIAL DEMANDED PLAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENTS ?ROPOUNDED UPON DEFENDANTS TO; Defendants Conrad Enterprises, Potts ManUfacturing, Inc. and Dale L. Martin, Individually, and Their counsel, Geor~e E. Christianson, Esquire CHRISTIANSON MEYER 411 Chestnut Street P. O. Box 178 Lebanon, PA 17042 ch I. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiff Dated: /)'/:J/f/Qh I , B2154/CLN n :1 :1 . . 'I ,I ~ . PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and 4009, please furnish at our expense, at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. 1. The complete personnel/employment file of David Winand. 2. David Winand's complete salary and wage records, payroll records, commission records, and W-2 forms for every year of his employment with Defendants. 3. Please provide performance evaluations or job reviews of David Winand during each of the years of his employment with Defendant. I " !I I I I I I I 4. A written description of the position held by David Winand at the time of his death. S, Mr. Winand's application for employment with Defendants. 6. All employee manuals and other documents applicable during David Winand's employment, including, but not limited to, personnel manuals, benefit manuals, and salary schedules. 7. All documents reflecting your policies regarding health insurance, retirement benefits, maternity leave, sick leave, part- time work, and short and long term disability. . , 8. Organizational charts, diagrams, and drawings showing the organizational structure of Defendants. 9. All documents relating to the 401K/401A pension plan, which was in effect and from which David Winand' s beneficiary received a benefit, including a copy of the Plan, summary description, annual formes) completed by employee, and annual statement of the plan. 10. For any sick leave, disability or life insurance benefits which were provided by Defendants to David Winand and were funded or covered by a policy of insurance which was paid for by Defendants and/or David Winand, please provide complete copies of all policies and a description of coverage or benefits provided by the policies. 11. For any self-funded (includes "split-dollar" plans where the employee may have contributed) sick leave, disability or life insurance benefits which were provided by Defendants to David Winand, please provide complete co~ies of the plan, summary plan descriptions, corporate resolutions, employee plan letters or other documents outlining benefits available under the plan. 12. For any self-funded or partially-funded benefit plan which existed, please provide all documentation completed to establish that the plan was a qualified ERISA plan. ~ :\ ,I i I ~ '. -. . 13. A list of all employees of the Defendants, including the name, address, position, and year of service of each employee in May, 1994. 14. A copy of all corporate tax returns and schedules, appendices or attachments filed by uafendants with the Internal Revenue Service from 1991 through and including 1994. 15. All documents, writings or other memoranda describing fringe benefits which David Winand was eligible to receive from Defendants. 16. Documents describing the amount of earned, but unpaid vacation pay of David Winand with Defendants at the time of his death. 17. Any and all documents containing information relating to any answer to any Interrogatory. 18. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf, 19. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. 20. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. I \1 21. Any and all expert reports from each person whom you 'I expect to call as an expert witness at trial. ~ ~ Ii ~ , , , 22. Any and all writings, memoranda, reports, statements and records, etc., which you, your company and/or client possess concerning the case, investigation or review of the Plaintiffs and their case. 23. All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions, or opinions respecting the value or merit of the claim or defense. l~:::<2~... To the extent that you have not already provi~ed the same IJlin resp~~~e to previous requests herein, all statements obtained 1- . I from any witl\esses or memoranda of conversations with witnesses or Ii Ii recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this law suit, " II ,I and all such statements, memoranda, or records made by parties to this law suit or their representatives. 25. To the extent not already provided, copies' of all experts' reports made or secured by you in connection with your investigation of the matters relating to this law suit. , . . , .1 I I 26. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. 27. Copies of Declaration Sheets for each and everv colicv provided by Defendant in which David Win and was the insured or the beneficiary. 28, Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. ch el E. Kos k, Esqu re I. D. No. 36513 4503 North Front street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiff Dated: ,;; /;. ~ J tir, . I '. f I I I ! , i I I -. , CERTIFICATE OF SERVICE I, Donna M. Rineer, an employee of the law firm of Angino & Rovner, P.C., ~o hereby certify that I am this day serving a true and correct copy of the foregoing PLAINTIFF'S REQUEST FOR PRODUCTION or DOCOHEN'rS PROPOUNDED UPON DEFENDAN'l'S upon all counsel of record, via postage pre-paid, first class united states mail, addressed as follows: George E, Christianson, Esquire CHRISTIANSON MEYER 411 Chestnut street P. O. Box 178 Lebanon, PA 17042 f) (J")?/'h fL rn .1€th7 ;1 A.J Donna M. Rl.neer Dated: $'..Lh.u~ ;l.t,)/aqv. , SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff v. CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAllD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 95-1095 civil Term : JURY TRIAL DEMANDED PLAINTIFF'S INTERROGATORIES PROPOUNDED UPON DEFEND~S TO: Defendants Conrad Enterprises, Potts . Manufacturing, Inc. and Dale L. Martin, Individually, and Their Counsel, George E. Christianson, Esquire CHRISTIANSON MEYER 411 'Chestnut Street P. O. Box 178 Lebanon, PA 17042 Dated: ~ / d-f., Jq~ , J 827SS/cLll chael E. Kos I. D, No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiff , 1. Please state the name and address of every person who has provided information to answer these Interrogatories, including their name, address, and their position or relationship with Defendants. ANSWER: , , 2. Were any documents generated that relate to any conversation with plaintiff after Mr. Winand's death was reported? If your answe~ is "yes", please produce copies of all such documents. ANSWER: , I ~ l , t 3. Please identify Defendants' Accountant(s) from 1990 to 1994, including their addresses and telephone numbers. ANSWER: ~ ~ ! , , 4. During the period of time David Winand was employed by Defendants, please state whether any insurance coverage was ever purchased to provide sick pay, disability or life insurance benefits. If so, please state: (a) The name and address of the insurance company; (b) The type of benefits the insurance policy was to provide; (c) Whether the premium was paid, in whole or in part, by the Defendants; (d) The period of time the policy was in effect; (e) If the policy was not in effect at the time of David Winand's death, when and why was it terminated; (f) Identify all documents related to the insurance policy and coverage. ANSWER: , 5. During the period of time that David Winand was employed DY Defendants, please state whether any self-funded or partially funded benefit~ were provided for sick pay, disability or life insurance benefits. If so, please state: I I . I (a) The name(s) and address(es) of the administrator(s)j (b) The type and amount of benefits; (c) The portion or amount funded by Defendants; (d) The period of time the plan was in effect; (e) If the plan was terminated prior to David Winand's death, when and why was it terminated; (f) Identify all documents related to the plan. ANSWER: , . . _,..' -, ...,C , ' - ' .;-':'~'::'==:::=::=~ - .. <"'1' , I I I \ I , 6. Please identify each person who was employed by you during the period from May 26, 1993 to June 26, 1994. With respect to each identi~ied person, please state the following: (a) Full and correctly spelled name; (b) Age; (c) Dates of employment with you; (d) Employment position, including official and unofficial title, during all periods of employment with you, stating periods of time in each position; and, (e) Job duties during all periods of employment. ANSWER: , I I I I I I i I 7. For each person identlfied in Interrogatory No.6 above, provide the complete current home or residential address or last ~nown home or residential address if current home or residential address is not ~nown, reflecting the last date you believe such information was correct. If the person is ,no longer employed by you, please provide a current business address and telephone number. ANSWER: . 8. Please describe all job duties performed by David Winand during his last six months of employment with you. ANSWER: , 9. Do you have documents that describe David Winand's job duties for jobs he held during his last six months of employment with you? If y?ur answer is yes, please produce copies of all such documents. ANSWER: , I I I ANSWER: 10. Please describe all relevant facts concerning David winand's employment with you, including but not limited to the following: (a) Dates of hire; (b) Dates of any layoffs and recalls and reasons for each layoff and recall; (c) Dates of termination of employment and reasons for each termination of employment; (d) wage rates during all periods of employment; (e) Gross compensation earned during all periods of employment, by calendar year; (f) Job titles and dates employed in each position; and (g) A description of job duties for each position of employment held. , 11. Please describe all fringe benefits to which David Winand was entitled as your employee and produce all documents that describe, disc';1ss or define any fringe benefits to which David Winand was entitled. ANSWER: . 12. Please identify all documents, memorandum, policies, and/or writings concerning employee benefits, including any 401k plans. ANSWER: , I I I I I I I i r i l 13. Please identify each and every person of whom you are aWtlre who participated in the processing or approval of David Winand's 401(kl.plan application, including that person's name and address. ANSWER: , 14. Please identify and state the whereabouts of any and all files, documents or memorandum in your possession concerning David Winand's 401(k) plan application or approval and identify each document. ANSWER: , 15. Please state whether you contend that anyone in your employ discussed David Winand's application with any other member of the Winand family, other than David Winand. If so, please state the name, address, and position of said person or persons. ANSWER: . 16. Identify all of the trustees of Defendants' Pension Plan for the period of time David Winand was employed. ANSWER: I , 17. Have you, at any time during David Winand's employment, paid the premiums on ~ny life insurance policy payable to David Winand or his b~neficiaries or his Estate? If so, please identify the following: (a) The name and address of the company issuing the policy; (b) The number of the policy; (c) The face value of the policy on the death of the insured; (d) The present value of the policy; (e) The date the policy was issued; (f) The name and address of each person, firm or corporation who made each payment; (q) The date on which each payment was made; and (h) The present whereabouts of each document or contract of insurance issued to you in connection with, or as evidence of, the policy of insurance. ANSWER: lB. state the names of all witnesses you propose to call at trial with a brief summary as to the matters about Which they will testify. ANSWER: , 20. Give the carrier name, policy number, and policy limits for. each and everv insurance policv provided by your company in which David wi~and is a named insured or beneficiary. ANSWER: ., ,- . 21. so, state: (a) (b) (c) (d) (e) ANSWER: , Have you ever previously been involved in a lawsuit? If The date and location of the action; The nature of the action; The name(s) and addressees) of the party(ies); The disposition of the action; and The name and address of the attorney who represented you. , , 22. Have any officers of the Defendants ever been convicted of a crime? If so, state: (a) The ~ature of the conviction; (b) The date and location of said conviction; and (c) The penalty imposed. ANSWER: 23. If any officers of the Defendants have served time in prison as a result of any conviction, for each conviction give the name of the p~ison, the length of term service, and the date of release. ANSWER: r , 24. Have you made any statement, whether in writing, tape recording or otherwise, to any person (5) regarding any of the events referre~ to in the Complaint? If 50, state: (a) The name(s) and address (es) of the person(s) to whom such statement was made; (0) The date of such statement; (c) The form of the statement, i.e., written, oral, recording device or stenographer; (d) Whether such statement, if written, was signed; and (e) The name(s) and addressees) of the person(s) presently having custody of such statement. l\NSWER: . 25. State the name, address, and occupation of any person whom you expect to call as an expert witness at trial and with regard thereto~ please state: (a) (b) (c) (d) (e) ANSWER: The subject matter on which the expert is to testify; The facts and opinions to which the expert is to testify; A summary of the grounds of each opinion; The name of any report, memorandum or transcript used to substantiate each opinion; The date, name, and author of any textbook, document or other source relied upon by the expert in rendering his opinion and testimony. , 26. With regard to each individual you expect to call as an expert witness at trial, please state the following: (a) (b) Date of birth; Name and address of present employer, and if self- employed, name and address of the business; (c) Full formal educational background, attendance and degrees obtained; A list of all writings and/or documents of any kind prepared, in whole or in part, by the expert; and with date of (d) (e) Names and addresses of all persons, firms or corporations who have retained this expert int he past ten (10) years to render a report or testify as an expert witness. ANSWER: 'f t:. I , , 27. with regard to each document, memorandum, policies, and/or writings concerning employee benefits produced in response to Plaintiff's Request for Production of Documents, please state the following: (a) The title of the item; (b) The substance of the item; (c) The date of creation; (d) The effective dates of the document; (e) .The location of the document; and (fl The custodian of the document. ANSWER: ., . 28. with regard to any above-mentioned 401k plan, please state the following: (a) The amount contributed by the Defendants; (b) The amount contributed by the deceased; (e) The inception date of the 401k plan; (d) The amount of time the deceased contributed to the 401K plan; (e) The total amount of money in the 401k plan in the name of the deceased; and (f) . The name of the designated beneficiary of the deceased's 401k plan. ANSWER: - These Interrogatories shall be deemed to be continuing. If between the time of your answers to these Interrogatories and the time of trial ?f this case, you or anyone acting on your behalf learn the identity and whereabouts of any other witness(es) not identified in your answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish same to the undersigned by supplemental answers. chael E. Kos k, Esqu re 1. D. No. 36513 4503 North Front street Harrisburg, PA 17110-1799 (717) 238-6791 counsel for Plaintiff Dated: d /;;'14/q(, I I I I I I I I I I I' -. ., ;:~ , CERTIFICATE OF SERVICE I, Donna M. Rineer, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PLAINTIFF'S INTERROGATORIES PROPOUNDED UPON DEFENDANTS upon all counsel of record, via postage pre-paid, first class united States mail, addressed as follows: George E. Christianson, Esquire CHRISTIANSON MEYER 411 Chestnut Street i>. O. Box 178 Lebanon, PA 17042 !J tJWn() "Yi} >0'A1 ~ tf, ) Donna M. R Ileer Dated: g~_I1cu.:;.~,/q9(, '-.' , exhibit B . . ,p2;,;--;li \ (. . -- '~ ~.- '.7, -, --, . LISTLIlI' 'lIl,\..t-.l' Ul.!\ll\ 'llfUI,U.J'l:I,'IT'KY L ,WRP-:Ct r n 'fW'\C P',\\' I. 11."1\1." !oTU'HL' R l'lLlt.R~t' ",11 (lW'" 1. t\"r\'Ilii~' JO\trH" HuMl" , i I I i \. JU~L1'1I \, \'U..lllO 1HtRl \ H' ".., rl""lO L l.r~ \II~II-\ll I .. .~ "'...\\EL"C ~Hl\1'" ltlC'll;r.=, \ s ..~:'\:): 0"':10 S "I~'H~I ANGINa & ROVNER\ P.C, THE BEST LAWYERS -1\- ;~IERIC\ HU;U -\Rt' r ,'r,\o,;ll ~~tll J RO\'~~tR April 3, 1996 George E. Chriatianson, Esquire CHRISTIANSON MEYER 411 Chestnut street p, o. BoX 178 Lebanon, PA 17042 RE: suzanne Green, as Administratrix of the Estate of David winand v. conrad Enterprises, et al. cumberland countv CCP No.: 95-01095 Dear Mr. Christianson: Responses to plaintiff's Interrogatories and Request for production of Documents are now overdue. please be advised that if we do not receive responses to our discovery within ten (10) days, we will file a Motion to compel Answers to Discovery. Should contact me. future. you have any questions, please do not hesitate to I look forward to receiving Answers in the very near MEK/dmr 71173/:1'.1\ J!{) '.'::..... :~:'." :";.tr," ...:...;. ;:-f..;;:' ;:. .-.. .' ::f {"~' :.:.. .... : ~f !.t' :- CERTIFICATE OF SERVICE I, Donna M. Rineer, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy of the foregoing PLAINTIFF'S MOTION TO COMPEL ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OJ' DOCtlHENTS ADDRESSED TO DEFENDANTS CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., AND DALE L. ~~TIN, INDIVIDUALLY upon all counsel of record, via postage pre-paid, first class united States mail, addressed as follows: George E. Christianson, Esquire CHRISTIANSON MEYER 411 Chestnut Street P. O. Box 178 Lebanon, PA 17042 j) 222 ~ IThmlL 'A J Donna M. R neer Dated:~ lIS) IQtI(1) 'I 1 SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-1095 Civil Term CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants JURY TRIAL DEMANDED PLAINTIFF'S ARBITRATION MEMORANDUM I. Statement of Facts This case involves a breach of an employment contract to pay employee benefits to the Estate of David Winand. Beginning sometime in 1989, David Winand became employed by Potts Manufacturing, a division of Flight Systems, Inc. On November 5, 1991, Defendant Dale L. Martin purchased Potts Manufacturing, Inc., from Flight Systems, Inc., and incorporated. From the time of his original employment in 1989 through the time of his death on May 26, 1994, David Winand was employed by Potts Manufacturing, Inc., as a fabricator/welder. At the time of the accident, David Winand was in Mar~'land at a remote work site within the course of his employment with Potts Manufacturing, Inc. However, the accident occurred after normal work hours while the Decedent was crossing from his motel to a bar/restaurant across the street and was struck by a Maryland driver, resulting in injuries and ultimately, his death. lOo1l5B/DMR Shortly after the accident, Tracy Uhler, who was David Winand's live-in girlfriend, spoke with Walt Tejchman, General Manager and part owner of Potts Manufacturing, Inc., and was advised that there was a $12,500.00 life insurance policy or death benefit to which David Winand's Estate was entitled. Although her deposition has not been taken, it is believed that Tracy Uhler will also confirm that a similar conversation occurred with Defendant Dale L. Martin, President and part owner of Potts Manufacturing, Inc., sometime after her initial conversation with Mr. Tejchman. At a subsequent time, Plaintiff Suzanne Green, the mother of David Winand, also had several conversations with Defendant Dale L. Martin, in which he confirmed that the Estate was entitled to a $12,500.00 death benefit. Defendant Dale L. Martin also advised Plaintiff Suzanne Green that the insurance company for the Maryland driver also had personal injury protection (PIP) benefits, which were to be forwarded to the Estate. Eventually, in late July, 1994, Plaintiff Suzanne Green met with Defendant Dale L. Martin at Potts Manufacturing, Inc., at which time, the Maryland driver's insurance company's check, which had been made payable to "Potts Manufacturing, Inc. and the Estate of David Winand" was signed over to Plaintiff Suzanne Green. The amount of the check was $2,500.00. At that time, Plaintiff Suzanne Green pressed Defendant Dale L. Martin as to any insurance policies from which the $12,500.00 2 death benefit was going to be paid; at which time, Plaintiff Suzanne Green maintains that Defendant Dale L. Martin explained that it was not a life insurance benefit, but a death benefit to be paid by Potts Manufacturing, Inc. Plaintiff Suzanne Green maintains that Defendant Dale L. Martin explained to her that when he purchased Potts Manufacturing, Inc., from Flight Systems, Inc., he had promised the employees that he would continue to maintain the benefits they had been receiving previously. Therefore, he felt obligated to pay $12,500.00 death benefit to David Winand, who had been an employee at that time. In discovery, Plaintiff had requested, but did not obtain, from Potts Manufacturing, Inc., any employee handbook or benefit statements, which had been in existence at the time of David Winand's death. Although the existence of the death benefit could not be established by written documentation, Plaintiff maintains that the admissions made by both George Tejchman as the General Manager and owner of Potts Manufacturing, Inc., as well as Defendant Dale L. Martin, who was President, CEO, and owner of Potts Manufacturing, are admissions as to the existence of the death benefit, which is an employee benefit to which the Estate is entitled. The law firm of Angino & Rovner, P.C., was initially retained by Plaintiff Suzanne Green, as Administratrix of the Estate of 3 David Winand, to investigate the circumstances of the accident involving David Winand and to determine whether there was a personal injury claim against th~ Maryland driver. That investigation was completed in August, 1994, and no viable claim was found against the Maryland driver. In August, 1994, Plaintiff Suzanne Green, for the first time, requested Angino & Rovner, P.C., through her attorney, Michael E. Kosik, to seek payment of the $12,500.00 death benefit from Potts Manufacturing, Inc. At that time, in a letter, dated August 19, 1994, and approximately every 30 days thereafter through January, 1995, Plaintiff's counsel wrote to Defendant Dale L. Martin as President and CEO of Potts Manufacturing, Inc., seeking payment of the $12,500.00 death benefit. Many times the correspondence confirmed conversations that had taken place between Plaintiff's counsel and Defendant Dale L. Martin. Although Defendant Dale L. Martin, on behalf of Potts Manufacturing, Inc., did respond on two occasions - October 31, 1994 and November 21, 1994 - Defendant Dale L. Martin at no time disputed the existence of the $12,500.00 death benefit or denied Plaintiff's summary of the conversations which had taken place or the fact that Defendant Dale L. Martin had promised to pay the death benefit. Plaintiff Suzanne Green maintains that Defendant Dale L. Martin's and Potts ManUfacturing, Inc.'s failure to respond to the 4 correspondence and their silence with respect to the requested payment of the death benefit of $12,500.00 is an admission as to the existence of the death benefit, and the letters are admissible as admissions by a party with respect to this issue. Plaintiff has additionally taken the deposition of Defendant Dale L. Martin; at which time, he denied the existence of any life insurance coverage to employees of Potts Manufacturing, Inc., since the time that he purchased Potts Manufacturing, Inc., in November, 1991. Plaintiff has obtained, through a former employee, a copy of the employee handbook, which would have been in existence prior to the revised employee handbook, provided in discovery by Potts Manufacturing, Inc., and which purportedly took effect in January, 1995. Defendant Dale L. Martin confirmed in his deposition that there had only been one previous employee handbook, which had undergone some minor changes. Plaintiff anticipates placing in evidence a copy of the employee handbook, which confirms that, in fact, one of the employee benefits offered by Potts Manufacturing, Inc., after it was purchased by Defendant Dale L. Martin, was life insurance, which was purportedly to be in an amount equal to one year's salary. Plaintiff Suzanne Green maintains that based upon the various admissions made by officers and owners of Potts Manufacturing, Inc., including Defendant Dale L. Martin, there is sufficient 5 evidence to determine that David winand's employment with Potts Manufacturing, Inc., did provide for the payment of a death benefit, and based upon the admissions, that benefit was at least $12,500. Plaintiff Suzanne Green would request the Arbitration Panel, in spite of the denials at this time by Defendant Dale L. Martin that any such benefit existed or that the admissions were made, that the Panel find in favor of Plaintiff Suzanne Green and award at least $12,500.00 or in the alternative, a death benefit equal to the one year salary of David Winand for the year prior to his death. 1C el E. Kosik, Esquire 1. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 ('717) 238-6791 Counsel for Plaintiff Dated: /'J. /;q/ 9~ I / SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-1095 civil Term CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. MARTIN, Individually, Defendants JURY TRIAL DEMANDED MEMORANDUM OF LAW I. Issue The failure of a party to reply to written statements concerning a particular subject of which the party has knowledge and would naturally be expected to deny or reply may be considered an admission. In this case, Plaintiff Suzanne Green, through her counsel, on numerous occasions, had corresponded with Defendant Dale L. Martin, President and owner of Potts Manufacturing, Inc., concerning payment of the $12,500.00 death benefit owed to the Estate of David Winand. The correspondence began on August 19, 1994 and was sent regularly approximately every 30 days through January, 1995. Five of the letters, including August 19, September 13, October 14, December 13, 1994, and January 13, 1995 specifically requested payment of the $12,500.00 death benefit and confirmed conversations with Defendant Dale L. Martin conct!rning Potts Manufacturing, Inc.'s promise to pay this benefit. l04171/DMR In spite of the fact that Defendant Dale L. Martin has not denied receiving this correspondence and, in fact, did respond to some of the letters and corresponded with Plaintiff's counsel on October 31, 1994 and November 21, 1994, he did not at any point indicate that the correspondence and discussion concerning payment of the $12,500.00 death benefit was incorrect, in error or misstated. In fact, Defendant Dale L. Martin nor any other representative of Potts Manufacturing, Inc., ever responded to the correspondence in writing or otherwise with respect to the requested payment of this death benefit. Plaintiff's counsel's correspondence cannot be interpreted as offers of compromise or negotiation, since it was a demand for payment of a liquidated sum, which was felt to be due and owing from Potts Manufacturing, Inc., as an employee benefit to the Estate of David Winand. The silence of a party to an oral communication has regularly been held to be an admission in a civil case. See, Henrv, Pa. Evidence, 4th Ed. ~92, p. 131, (1953); Iannelli, Pennsylvania Trial Handbook, ~26:9, Silence of a Partv as an Admission in Civil Cases, p. 575 (19!l01; and Chambers v. Montqomer~, 411 Pa. 339, 192 A.2d 355 (1963). However, the failure of a party to reply to written statements has also been interpreted to be an admission where the party has carried on correspondence in reference to a particular subject, and one of the parties has 2 . written a letter to the other making statements concerning the subject of which the lat er has knowledge and which he would naturally deny, if not true. A party's failure to deny or answer such a letter may be considered evidence tending to show the statements and the letter sent to him are true. ~, Bednorzenski v. Schraqer, 124 Pa. Super. 486, 189 A. 690 (1937). Admittedly, the weight given to silence based upon failure to reply to a written statement may be less than where the same facts are directly stated to the party in person, and there is a failure to reply. See also, Iannelli, Pennsylvania Trial Handbook, 526:11, Failure to Reolv to Written Statements as an Admission, p. 576 (1990) . Plaintiff Suzanne Green maintains that subsequent to the admissions made to Tracy Uhler and herself, Plaintiff requested her counsel to facilitate payment of the $12,500.00 death benefit. Plaintiff's counsel's letters, totalling five, which requested payment of this specific death benefit, and in some cases, summarized conversations with Defend~nt Dale L. Martin, we~e sent to Potts Manufacturing on a regular basis. The correspondence not only dealt with payment of the death benefit, but the submission of a workers' compensation claim and payment of 401K benefits - the latter two of which Defendant Dale L. Martin did respond to in correspondence. At no time in correspondence did Defendant Dale L. 3 Martin respond to the written letters from Plaintiff's counselor deny the substance of the letters concerning the existence of the $12,500.00 death benefit or the summarization of the telephone conversations with Defendant Dale L. Martin. Plaintiff Suzanne Green maintains that under the circumstances, this was something of which Defendant Dale L. Martin was familiar and knowledgeable and was, in fact, the person within Potts Manufacturing, Inc., who was responsible for dealing with these issues. Furthermore, Defendant Dale L. Martin's failure to deny the allegation and contents of a letter would not be something which a normal businessman would do in dealing with legal counsel, especially where the possibility of suit over the subject was expressed. Plaintiff Suzanne Green maintains that Defendant Dale L. Martin's failure to respond in any manner to the correspondence may be interpreted to be an admission of the contents of those letters and the existence of the $12,500.00 death benefit. . hael E. Kosik, Esquire I. D. No. 36513 4503 North Front Street Harrisburg, PA 17110-1799 (717) 238-6791 Counsel for Plaintiff Dated: /~ IJq /q~ , I I ~(") tl n<<.<' C'H.J..'-C/f<' (j~..,?<" ",;1/ c~ r: d JJ~o( (,vi. H_[(~ ,I v: In The Court of Common Plaas of ) ) ) ) ) ~~/-al: O-:-L cumberland County, ?ennsylvania ~o. 7:S: I () 7'..J'- 19 -. (~'''LG,I &~ ..1-( i,l'" . I '" ./ OATH l;e do solemolv swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitutioa of this Common- wealth and that we will discharge the duties of our office with fidelity. . ~J,~/~I ~.J~ L7&T (or . :~ c: - .. Lu'l' tY} ")- !Jf.~'~ '):~ ~.l ~c .j:::~ 25:' : j~ ~L.;..._ .,.;.00 ~; ~~ uq~~Signed arbitrators, having been duly appointed and sworn a~finf!il) ,;,Illake the following award: c.~ c- ..J tMota: If damages for delay are awarded, they shall be separately stated.) .;. . pi (t,!fl ~-u,-P' ~.c..~,t --k~"of07 "/ ./ AWARD 1 L' C"/' r,t 4~ . .A.u;f- / . Arbitrator, dissents. (Insert name if applicable. ) J.II.~. I~ Date of Hearing: /2-j'1. ,/e. 1:;1.-/9- 1C V (laj~: , ----' Date of Award: ~OTICE OF ENTRY OF AWARD ~ow. the 11 day of __~t CL /ll.&'L.L . 19 qft, , at _, P .:1., the above award was entered upon the docket and notice thereof given by mail to the parties or thei= attorneys. 1 Arbitrators' compensation to be paid upon appeal: $-;( (PO. 10 By: -}Lt-Ut C:J /1',Ltl.L-Ll-(.L /), /1- pC- !2Jit/L tut v(~Lll- J ~-L'I'I\_J ..' . ., I , . ; , ~ ~ nT TH!!: COURT OF ceNMON PLEAS cm~rl!:' COT!NT"'!, P3~i!'ISYLVA~IIA SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff v. CONRAD ENTERPRISES, et al, Defendants No. 95 - 1095 NOTICE OF APPEAL FROM AW..rrn OF EOARD OF ARBITRATORS TO '1':'~ PRCTE:ONCTARY: '. ~~~ice is gi'ren t~t Plaintiff a;rpeals frat:! the aW8I'd or the board of arbitrators entered in this case on December 19. 1996 A jury trial is demanded liY. (Cheek.!.. 'cox if' a jury trieJ. is demar.ded. CtheI"..n.se ju.."Y trial is ~.,aived.) I hereby certify that . (1) tr.e compensation of' th.e arbitrators has been ';laid, or (2)' application has ceen made f'or ~ermission to proceed in forma pauperis. clause. ) I ~li chaaJ E Kos i k .[:scui re" d 1 Appe1.1ent or A't ~orr..e:r t or ..p~el1ant . NCTE: The. demand ror jury trial on appeal from comuulsorv arbitration is ~~rned by Rule i007 .1" (b). - (b) No a-t'f'ida'1'1.t or '1eri:'icat1.on is required. . . .. ' . .~,.t.___,~~____.'" . - _1"'-.4 _"..... . .~..........;;,~...;:.. :.;.~~~'" .'''~ . , . -- . .... CERTIFICATE OF SERVICE I, Donna M. Rineer, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS upon all counsel of record, via postage pre- paid, first class United States mail, addressed as follows: George E. Christianson, Esquire CHRISTIANSON MEYER 411 Chestnut Street P. O. Box 178 Lebanon, PA 17042 ,QrrnJha.7rJ. ~"'A.I Donna M. Rineer Dated:~.r> )3) )Q9'7 \,,' ., - , i; , , I' I j I' I , ". ," b-; (I~ \' ~~ .. .' \,\1(1 ,.J 'f:i' .,. . . . '. I" t...... i ~' " ( , .'7 ,,' h\ . , ~- ' L. J . . \ ~ \', (,; "_: .'.' ',1.\..4 ...': \ , \l, ,-- .' l:j 0' .1 CJ o '( ~ .~ J; '-~ '~ - ~ .--'-<. r--.... ~ rVJ r- ~ 0..,! ~~"" 1"-0) . ,..... ' - '~ , ." SUZANNE GREEN, As Administratrix of the ESTATE OF DAVID WINAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 95-1095 Civil Term CONRAD ENTERPRISES, POTTS MANUFACTURING, INC., and DALE L. ~rnRTIN, Individually, uetendam:::; JURY TRI^L DE~~~IDED NOTICE To: Aetna Life Insurance Company 151 Farmington Avenue Litigation Document Center BR15 Hartford, CT 06156 You are required to complete the following Ce~tificate of Compliance when producing documents or things pursuant to the Subpoena. CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS .1 PURSUANT TO RULE 4009.23 (1/ .1..J:z-i!.- _ , certify to the best I, of my knowledge, information and belief that all documents or things required to be produced pursuant to the , have been produced. subpoena issued on ( C./~/Lf DATE: /.?-./ l) /, ') ? 121500j~lMP 'I " I 1 i: \' ,! .' I' t~ f:'i: ~I'; .. Il~rj C\J (')'f' ~- -,. i..1,,: a" ,. ," c\, le'; -- ti" l, cJ -. ~ !.-: r -;_.. ~ ,"j ';-- ~~ :!,:.,i ,'j'ij i:f It.:] ;.!L.1. :.;i U ..... .' . ~ ....... ; 0.' (~, .,.. fRAECIPE FOR LISTING CASE FOR TRIAL (Must bc typcwrittcn and submittcd in duplicatc) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) (:<) forJURY trial at the next term of civil court () for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (check one) ( ) Assumpsit ( ) Trespass ( ) Trespass (Molor Vehicle) (:<) Other - Oral Contract SUZANNE GREEN, As Administratri:< ofthc ESTATE OF DAVID WINAND Plaintiff Thc trial list will bc callcd on Junc 13, 2000. Trials commcncc on July 10, 2000. v. Prc-trials will beheld on June 21, 2000. (Bricfs arc duc 5 days before pre-trials.) CONRAD ENTERPRISES, POTIS MANUF ACTURING,INC., and DALE L. MARTIN, Individually, Dcfcndants (The party listing this case for trial shall' providc fcrthwith a copy of the praccipc to all counsel, pursuant to local Rulc 314-1.) No. 95-1095 Civil Indicate the attorney who will try case for the party who files this praecipe: Michael E. Kosik, Esquire, 4503 N. Front Street, Harrisburg. PA 17110 (717) 238-6791 Indicate trial counsel for other parties if known: George E. Christianson, Esquirc, 411 Chestnut Street, PO Bo This case is ready for trial. Print Nnme: Michael E. Kosik Attorney for PlaintilT(s) Date: 5/22/00 121496/MMP ~ ~ !.:.:, lll.,. , ~)? h. (1) (-" H. --, (t:: , ',.' C'l r':':: l./. :-", ,-- \ ~'_, I -=-\.f ('-J ",. U o C.l ';i-O! :\.'- ~. ) l.) .'. .,-' SUZANNE GREEN, As Administralrix oflhe ESTATE OF DAVID WINAND, Pluintilf IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION - LAW i: I , I <, ! v. NO. 95-1095 Civil Term CONRAD ENTERPRISES, purrs MANUFACTURING,INC.. und DALE L. MARTIN, Individuully, Delcndunts PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Pleuse murk the docket sell led, sutisfied uno discontinucd in the ubove.captioned action. '~PC ichacl E. Kosik !.D. No. 36513 4503 N. Front Slrec\ Harrisburg, PA 17110 (717) 238.6791 Attorney for Plaintilf DATED: 8/22/00 cc: Gcorge E. Christiunson. Esquire I , l I h 11' " ..... .. C:~ ;'-;1; ~ j:,,: t~ . '; , , If" ;S ( ! ..l ; , *':- " . .. : ,~ ~'.... ~ :::; to,i , >~ '. (1-' {'~ .... '" -_0'. . , C!J I U_ "-' , ; .I J '- '-.:" (.)