HomeMy WebLinkAbout96-05512
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7, At the same time, Mr, Taylor was operating a 1986 Mack
2400 Tractor which was pulling an 82 Great Dane Trailer travelling
north bound on SR 34.
8, At all times material hereto, Mr, Taylor was act ing
within the course and scope of his employment as a tractor trailer
driver with Gene R. williams, Inc,
9, At the intersection of SR 34 and SR 1020, Mr, Taylor
attempted to turn the tractor trailer left from the north bound
lane of SR 34 onto SR 1020,
10. Immediately after Mr. Taylor's tractor c~ossed the center
of SR 34, the front right portion of the Mack tractor collided into
the front of Mr, Becker's vehicle in the south bound lane of SR 34.
11, The foregoing accident and all of the injuries and
damages set forth herein sustained by Mr, and Mrs, Becker are the
direct and proximate result of the negligent, careless, wanton and
reckless manner in which Mr, Taylor, while in the scope of his
employment with Gene R, Williams, Inc" operated the tractor
trailer as follows:
a, failure to yield to right-of-way to Mr. Becker;
b. failure to keep alert and maintain a proper watch
for the presence of other motor vehicles on the
highway;
c, failure to drive his vehicle with due regard for
the highway and weather conditions which were
existing and of which he was or should have been
aware;
d, failure to drive his vehicle with due regard for the
highway and traffic conditions which were existing
and which he was or should have been aware;
2
e. failure to keep proper and adequate control over
his vehicle; and
f, driving his vehicle upon the highway in a manner
endangering persons and property and in a reckless
manner with careless disregard to the rights and
safety of others and in violation of the Motor
Vehicle Code of the Commonwealth of pennsylvania,
CLAIM I
MATTHEW BECKER v. THOMAS TAYLOR and GENE R, WILLIAMS. INC,
12. Paragraphs
1 through 11 of
this Complaint are
incorporated by herein by reference,
13, Mr, Becker sustained painful and serious injuries which
include but are not limited to facial trauma, forehead laceration,
multiple contusions and abrasions, a fracture of the posterior lip
of his right hip socket, a fragmented displaced fracture of his
right patella necessitating the removal of the patella and repair
of his quadriceps mechanism to allow his knee to function, causing
serious impairment of bodily functions,
14, By reason of the aforesaid injuries sustained by Mr,
Becker,
he was
forced to
incur liability for two
(2)
hospitalizations, extensive medical treatment, physical therapy,
medications and similar miscellaneous expenses in an effort to
restore himself to health, and claim is made therefor_
15, Because of the nature of his injuries, Mr, Becker has
been advised and, therefore, avers that he may be forced to incur
similar expenses in the future, and claim is made therefor,
16, As a result of the aforementioned injuries, Mr, Becker
has undergone and in the future will undergo physical and mental
3
suffering, inconvenience in carrying out his daily activities, loss
of life's pleasures and enjoyment, and claim is made therefor,
17. As a result of the aforesaid injuries, Mr. Becker has
been and in the future will be subject to humiliation and
embarrassment, and claIm is made therefor,
18, As a result of the aforementioned injuries, Mr, Becker
has sustained work 10'3s, loss of opportunity and a permanent
diminution of his earning power and capacity, and claim is made
therefor.
19, Mr. Becker continues to be plagued by persistent pain and
limitation and, therefore, avers that his injuries may be of a
permanent nature, causing residual problems for the remainder of
his lifetime, and claim is made therefor,
CLAIM II
KATRINA BECKER v, THOMAS TAYLOR and GENE R, WILLIAMS, INC,
20, Paragraphs 1 through 19 of the Complaint are incorporated
herein by reference.
21, As a result of the aforementioned injuries sustained by
her husband, Plaintiff Matthew Becker, plaintiff Katrina Becker has
been and may in the future be deprived of the care, companionship,
consortium, and society of her husband, all of which will be to her
great detriment, and claim is made therefor,
WHEREFORE, Plaintiffs Matthew Becker and Katrina Becker, his
wife, demand judgment against Defendants Thomas E. Taylor and Gene
R, Williams, Inc" jointly and severally in an amount in excess of
4
.
VERIFICATION
We, Matthew and Katrina Becker, Plaintiffs, have read the
foregoing document and do hereby swear or affirm that the facts set
forth in the foregoing are true and correct to the best of our
knowledge, information and belief.
We understand that this
Verification is made subject to the penalties of 18 Pa.C.S.A.
Section 4904, relating to unsworn falsification to authorities.
WITNESS:
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Ma
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thew Becker
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Dated:
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DATE RECEIVED
DATE PROCE:
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
TINSTPUCTIONS: Soo "IN'3TRUCTlONS FOR SERVICE O~-ROC[~S 8
THE SHERIFF" on the reverse althe lasl (NO 5) copy 01 IhlS form PltJds,
rVpo or print legibly, Insl.IrIrlg roadabIlity 01 all copies
00 nol delach any copies ACSD ENV,I
I PLAINTIFF/SI - --- - 2 COURT NUMBER
r,1t'l tthew Becker and Katrina Decker, !Jj!1 ~vi:'~ .__ _._.__~______.._ 96-551? Civil. 1If~~:!.:~
J DEFENDANT/SI 4 TYPE OF WRtT OR COMPLAINT
Thoman E. Taylor and Gene R. HilliHIn~Jt lr~". Comp1:lint &. Notice
5 NAME OF INDIVIDUAL, COMPANY, CORPORATlON,'"ETC, ro SERVlcE--on"oEsc'RIPTlON OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
SERVE
.
Gene H. Hillia,"8. Inc.
6. ADDRESS (Slreol or AFO, Apartment No, Clly, Bore, Twp, Slate and liP CODE)
AT
1(;1f. Hill town Rd., O!'!'toml'l, r:.
7 INDICATE UNUSUAL SERVICE: 0 PERSONAL < j PERSON IN CHARGE DEPUnZE ; . CERT. MAIL: REGISTERED MAIL r I POSTED I J OTHER
Now, 19 , I, SHERIFF OF ADAMS COUNTY, PA" do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff, _____...._. ._____.
8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
SHERIFF OF AD~M3..!:'.(I'.,'
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any depuly shenlf levying upon or allaching any property under wllhin wfll may realiI'
same withoul a walchman, in cuslody of whomever is 'ound in possession, aller nolilying person of levy or allachmenl, withoulliabihty on Ihe part 01 such deputy or Ihe sheriff
any plaintill herein for any loss, desfruction or removal of any such property belore sheriff's sale lhereof
9. SIGNATURE 01 ATTORNEY or olher ORIGINATOR requesting service on behalf 01:
X PLAINTIFF
:.: DEFENDANT
10. TELEPHONE NUMBER
ff. DATE
David L. Lutz, Esq.
(~17) 2$-6791
DO NOT WRITE BELOW THIS LINE
13. Dale Received 14. ElCpirallon I Heartng c
SPACE BELOW FOR USE OF SHERIFF ONLY
12 I acknowledge receipt of the writ
or complainl as Indicated above.
SIGNATURE of Authorized ACSD Depuly or Clerk and Tille
15. I hereby CERTIFY and RETURN that I 0 have personally served, Xl have served person in charge, r, have logal evidence of service as shown in "Remarks" (on rellerse)
o have posled Ihe above described property with the writ or complaint described on the individual, company, corporation, ele., af the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handing/or Posling a TRUE and ATTESTED COPY thero'.
16. 0 I hereby certify and return a NOT FOUND bocause I am unable 10 locale the individual, company, corporation, elc., named above. (See remarks below)
17. Name and tille or individual served 18. A person 01 sUllable age and dlscrollon
1,-life of Gene R. Williams ~~~er~1i~~~Jodelendanrsusual
19. Address 01 where served (complete only if diflerenllhan shown above) (Streel or RFO, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time
State and ZIP CODE)
10/10/91i
22. ATTEMPTS
25.
Cep,lnto Cale
Miles Dep.lnt.
Dep.lnl.
23. Advance Costs
SO ANSWER.
AFFIHMED and subscribod to berore me this
" A
day or
BV (Sheull I OlC{MOOlIO (Plellse Punl or TVpo)
Pernnrd V. Miller
19
I..
Pr01honolarylOeputylNOlary rubhc
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
SHERIFF OF ADAMS COUNTY
/39, Oato Recoived
'u.."...
DATE PROCESSE
DATE RECEIVED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTysBURG,PA 17325
SHERIFF SERVICE
PROCESS RECEIPT. and AFFIDAVIT OF RETURN
INSTRUCTIONS: Soo "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" on the lovorse 01 the last (No 5) copy 01 lhls 101m Ploasu
type or prinlleglbly, Insuflng readablhty 01 aU caples
Do not detach any copies ACSD ENV,I
and Kn trinn Bcc~:.~~t
2. COURT NUMBER
96-5512 ~~~~~_~?!m
4 TYPE OF WRlT OR COMPLAINT
1,.Jillinms, Inc. Complaint 8: !~~i_ee
CORPORATION, ETC, TO SERVICE OR OESCR;PTION OF PROPERTY TO BE lEVIED. ATTACHED OR SOLO
1. PLAINTIFF/51
f4a tthew Becker
3. DEFENOANTfS/
Thomas E. Taylor and Gene R.
5 NAME OF INDIVIDUAL, COMPANY.
~d n Hife
SERVE
.
Thomas E. Taylor
6. ADDRESS (Street or RFD, Apartment No, City, Boro, Twp., Stato and ZIP CODE)
AT
B85 Beecherstown Rond, Pi~:lervillc, PA
7. INDICATE UNUSUAL SERVICE: n PERSONAL [-, PERSON IN CHARGE n DEPUTIZE r.) CERT MAIL fJ REGISTERED MAil [1 POSTED ; OTHER
Now, 19 , I, SHERIFF OF ADAMS COUNTY, PA" do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law, This deputation being
made at the request and risk of the plaintiff,
SHERIFF OF ADAMS COUN~
6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION; N.B. WAIVER OF WATCHMAN-Any deputy sherifllevying upon or attaching any properly under Within writ may leave
same without a walchman, in cuslody 01 whomever is found in possession, aller notifying person of levy or attachment, wilhoutliabilily on the part 01 such deputy or the shetllltc
any plaintiff herein lor any loss, destruction or removal 01 any such property bolore sheriff's sale thereol.
10. TELEPHONE NUMBER
11. DATE
9. SIGNATURE 01 ATTORNEY or other ORIGINATOR requesting service on behall 01:
ex PLAINTIFF
David L. Lutz, Esq. [IOEFENOANT
SPACE BELOW FOR USE OF SHERIFF ONLY
(717) 238-6791
DO NOT WRITE BELOW THIS LINE
12. I acknowledge receipt of the wrll
or complaint as indicaled above.
SIGNATURE 01 Authorized ACSD Deputy or Clerk and Tille
13. Date Received
14 EKpiralion / Hearing da
15. I hereby CERTIFY and RETURN that 17J have personally served. [] have served person in charge, [J have regal evidence of service as shown in "Remarks" (on revelse)
o have posted Ihe above described property with the writ or complainl described on the indivjdual, company, corporation. etc., at the address shown above or on lhe
individual, company, corporation, elc., stthe address inserted below by handing/or Posting a TRUE and ATTESTED COPY therol.
16. 0 I hereby certify and return a NOT FOUND because I am unabte to locale the individual, company, corporation, etc., named abovo. (See remarks below)
17. Nama and title 01 Individual served Wife of Gene R. Williams t employer of 18. ^ parson or sUIlable ego and dlscfoMn
E lhonfosldmgmlhodorelldanf9U9ual
Thomas . Taylor place or abode. r;
19. Address 01 where served (comptele onty il dirferentthan shown above) (Street or RFD, Apartment No.. City, Boro. Twp., 20. Date 01 Servico 21 Tlmo
State and ZIP CODE)
1616 Hilltown Rd., Orrtanna, PA
10/10/96
22. ATTEMPTS
Dep.lnt. Dale
Miles Dep,lnt.
Dep,lnl.
25.
SO ANSWER,
AFFIRMED end subscribed to belore me this
N A
day 01
19
8y(SheflUI~(PIOasoPronlOfTVPOI
Bernard V. Miller
Date
10/10/96
Prolhon018rylOepulyINotary Public
SHERIFF OF ADAMS COUNTY
MY COMMISSION EXPIRES
I \CKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
AUTHORIZED ISSUING AUTHORITY AND TITLE.
39. Date Recoived
MATTHEW BECKER and
KATRINA BECKER, his wife
Plaintiffs,
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V,
CIVIL ACTION - LAW
No 96-5512 Civil
THOMAS E, TAYLOR and
GENE R, WILLIAMS, INC,
Defendants,
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
PLEASE enter our appearance on behalf of the Defendants, Thomas E, Taylor and Gene
R. Wiliams, Inc" with regard to the above-captioned mailer.
By:
Dated: November ~ 1996,
80103
CERTIFICATE OF SERVICE
AND NOW, this ~ day of November, 1996, I hereby certifY that I have served a copy of
the within document on the following by depositing a true and correct copy of the same in the
U,S, Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to:
David L, Lutz, Esquire
Angino & Rovner
4503 North Front Street
Harrisburg, P A 17110
"
MATTHEW BECKER and
KATRINA BECKER, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VB,
NO. 96-5512 CIVIL
CIVIL ACTION - LAW
THO~~ E, TAYLOR and
GENE R. WILLIAMS, INC.
Defendants
JURY TRIAL DEMANDED
J.
ORDER
AND NOW, this
day of
, 199_,
upon consideration of Defendants' Preliminary Objections Raising
Improper Venue, it is hereby ordered and decreed that the
Preliminary Objections are granted. The above-captioned lawsuit
must be removed from Cumberland County as the venue requirements
have not been satisfied.
BY THE COURT:
81028-1
MATTHEW BECKER and
KATRINA BECKER, his wife,
Plaintiffs
vs.
THOMAS E. TAYLOR and
GENE R. WILLIAMS, INC.
Defendants
TO: David L. Lutz, Esquire
Attorney for Plaintiffs
ANGINO & ROVNER
4503 North Front Street
Harrisburg, PA 17110
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-5512 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
YOU ARE HEREBY NOTIFIED, that the Preliminary Objections set
forth herein contains averments against you to which you are
required to respond within twenty (20) days after service thereof.
Failure by you to do so may constitute an admission.
BY:
Dated:
',? I?~ :,'"
II.
~L, & KEARNS
\ ~, f'
',,- /" .';
\ . J (C)' .
D orah
torney I.D. #67900-
3 31 North Front Street
Ha ~burg, PA 17110
717-232-7661
Attorneys for Defendants
Thomas E, Taylor and
Gene R. Williams, Inc.
." -.....
'-
MATTHEW BECKER and
KATRINA BECKER, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 96-5512 CIVIL
CIVIL ACTION - LAW
THOMAS E. TAYLOR and
GENE R. WILLIAMS, INC,
Defendants
JURY TRIAL DEMANDED
DEFENDANTS' PRELIMINARY OBJECTIONS RAISING IMPROPER VENUE
1. The instant action arises following a vehicular accident
on April 1B, 1995.
2. Plaintiffs' Complaint alleges the following facts, which
are relevant to the determination of proper venue:
. Defendant, Gene R. Williams Trucking, Inc., is a corporation
having a principal place of business in Adams County,
pennsylvania ('2).
. Defendant, Thomas E. Taylor, resides in Adams County,
pennsylvania ('4).
. The accident occurred in Adams County, Pennsylvania ('5),
3. Plaintiffs are residents of Cumberland County (11).
4. Plaintiffs further aver in the Complaint that Gene R,
Williams Trucking, Inc. regularly conducts business in Cumberland
County ('3), but they allege no facts in support of this
conclusion.
5. Contrary to Plaintiffs' assertion that Defendant, Gene R.
williams Trucking, Inc" regularly conducts business in Cumberland
County, Defendants maintain the following with respect to Gene R.
Williams Trucking, Inc.:
. No office is located in Cumberland County.
. There is no telephone number for the business in Cumberland
County.
. There are no employees located in Cumberland County.
. The company does not advertise in Cumberland County,
. There are no contracts with any businesses in Cumberland
County.
6. The contact which Gene R. williams Trucking, Inc. has with
cumberland County is limited to passing through the county on
roadways with its tractor trailers to drop off or pick up
deliveries in surrounding counties; specifically, Defendants
believe Route 81 is utilized in CUmberland County. Defendants also
recall making very sporadic deliveries to a business in
Mechanicsburg, which activity has been limited to a couple times
per year. The aforementioned CUmberland County activity was not in
issue on the date of the accident.
7. The contacts between Gene R. williams Trucking, Inc. in
Cumberland County listed in 16 above are limited, incidental, and
do not constitute acts essential to the corporate purpose.
8. Cumberland County is not a proper location for the
instant lawsuit pursuant to the Pennsylvania Procedural Rules for
Venue. ~, Pa. R.C.P. 1006 and 2179.
9. The instant lawsuit can properly be maintained in Adams
County as it is the county where: the cause of action arose, the
JOSE..II M MEI.ILLO
rnRR Y S llYMAN
DAVID L LUTl
MICHAEl. E KOSIK
PAMELA G SHUMAN
RICHARD A SADLOCK
DAVID S. WISNESKI
NIlOtE COLSON
ANGINO & ROVN_ER,,~.~.
MICIIAEI. J. NAvrrSKY
LAWRENCE F. UARONI~
DAWN L JENNINGS
SOLOMON Z. KREVSKY
JOSEPH M. DORIA
DUANE S. DARRICK
JAMES OhCINTI
l.ISTEUIN
THE BEST LAWYERS
-IN-
AMERICA
RICIlARO C ANGINO
NEIl. J, ROVNER
January 6, 1997
Tom Cheffins, Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Re: Becker v, Tavlor. et al,
No, 96-5512 Civil
Dear Mr, Mr. Cheffins:
Enclosed for filing are an original and one copy of
Plaintiffs' Petition for Rule to Show Cause Why Discovery Should
Not Be Answered, Please have the Rule signed and return same in
the enclosed, self-addressed, stamped envelope,
If you have any questions, please feel free to call me.
Very truly yours,
o~:.~. ~,~
/mtg
Enclosures
cc Deborah Cavacini, Esquire
l04B25/MTG
4503 NORTH FRONT STREET, HARRISBURG, PA 17110-1708
(717) 238.6791
FAX (717) 236-5610
. ,,_......
MATTHEW BECKER and
KATRINA BECKER, his wife
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
NO, 96-5512 Civil
THOMAS E, TAYLOR,
and GENE R, WILLIAMS, INC,
Defendants
JURY TRIAL DEMANDED
PLAINTIFF'S PETITION FOR RULE TO SHOW CAUSE WHY DISCOVERY
SHOULD NOT BE ANSWERED
1. On October 4, 1996, the Plaintiffs filed a Complaint
against the Defendants as a result of a motor vehicle accident,
2, Thereafter, on or about November 6, 1996, Deborah A,
Cavacini, Esquire, entered an appearance on behalf of the
Defendants,
3, On November 7, 1996, Plaintiffs' counsel served
defense counsel with Interrogatories and Request for Production of
Documents,
4, In a letter dated November 7, 1996, attached as
Exhibit A, Plaintiffs' counsel corresponded with defense counsel
and requested that the Interrogatories and Request for Production
of Documents be answered within 30 days,
5, To date, defense counsel has not filed a response to
the outstanding discovery,
l04823/MTG
MATTHEW BECKER and KATRINA
BECKER, his wife, .
Plaintiffs
v,
THOMAS E, T AYLOR and GENE R,
WILLIAMS, INC,
Defendants
· IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYLVANIA
.
. No.: 96-5512 Civil
· CIVIL ACTION - LAW
.
.
· JURY TR[AL DEMANDED
STrPULA TION OF COliNSEL
IT IS HERFBY STIPULATED AND AGREED by and between counsel for Plaintiffs and
counsel for Defendants, that:
[, The Complaint filed by Plaintiffs contains a paragraph which the panies have
agreed should be dismissed for purposes of Discovery and/or trial.
2, This paragraph is I I (I) which states:
"Driving his vehicle upon the highway in a manner endangering
persons and propeny and in a reckless manner with careless
disregard to the rights and safety of others and in violation of
the Motor Vehicle Code of the Commonwealth of Pennsylvania,"
3, This paragraph is to be removed for the purposes of discovery and/or trial against
Defendants,
4, This Stipulation is to be filed with the Prothonotary and it is agreed that no action
or approval b the Court is necessary or required,
S
-"-. /'
By: ;-...-
/Timoth ,Mark, uire '\
Attorney, :11'1. 75 /
\ Deborah A, Cavacini, Esquite
"-. Attorney LD, #67900
,3.631 Nonh Front Street
Hamsburg, PA 17110
(7[7) 232-7661
Attorneys for Defendants
80109
ANGINO & ROVNER
By fJ. .~7f'
6:;~~tz, Esquire
Attorney LD, #35956
4503 Nonh Front Street
Harrisburg, P A 17110
(717) 238-6791
Attorneys for Plaintiffs
.&___ ~ I . - --- - -
.:1 ( J__
.,j' ..' .
MATTHEW BECKER and
KATRINA BECKER, his wife
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVAN IA
v.
CIVIL ACTION - LAW
NO. 96-5512 Civil
THOMAS E, TAYLOR,
and GENE R. WILLIAMS, INC,
Defendants
JURY TRIAL DEWU,DED
PLAINTIFFS' SUPPLEMENTAL RESPONSE TO DEFENDANTS' PRELIMINARY
OBJECTIONS RAISING IMPROPER VENUE
The Plaintiffs'
original response to the Defendants'
Preliminary Objections raising improper venue indicated that
without discovery, the Plaintiffs could neither admit and/or deny
various allegations set forth in the Defendants' Preliminary
Objections,
On January 20, 1997, the Plaintiffs took the deposition of
Gene R. Williams, President of Gene R, Williams Trucking, Inc,
Attached as Exhibit A is a copy of Mr, Williams' deposition
transcript, as well as the exhibits that could be reproduced,
WHEREFORE, the Plaintiffs respectfully request that this
Honorable Court deny the Defendants' preliminary objections raising
improper venue.
ANGINO & ROVNER, P.C.
. )" G7
Date:)' '-t,' .
~....
Vl , ut
LO. """ \
4503 N, Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
l06113/MTG
96-5512 CIVIL TERM
action arose, where the transaction or occurrence took place out of which the cause
of action arose, or in any other county authorized by law. Defendant Taylor was
served in Adams County. Pa. Rule of Civil Procedure 1006(c) provides that venue in
a case involving multiple defendants lies in any county in which venue is proper with
respect to anyone defendant where joint and several liability is alleged, as it is in the
present case. Pa. Rule of Civil Procedure 2179 provides:
(a) Except as otherwise provided by an Act of Assembly or by
subdivision (b) of this rule, a personal action against a corporation or
similar entity may be brought in and only in
(1) the county where its registered office or principal place of
business is located;
(2) a county where it regularly conducts business; (Emphasis
added.)
Plaintiffs averred in their complaint that defendant Gene R. Williams, Inc,
regularly conducts business in Cumberland County. In order to have a record upon
which defendants' preliminary objection may be decided, a deposition of Gene R.
Williams, the president of Gene R, Williams, Inc., was taken and filed of record, In
1992, Gene R. Williams, Inc, sought and received permission from the Pl.lblic Utility
Commission to deliver products into Cumberland County. The corporation does not
have any employees, office, post office box or telephone in Cumberland County. It
does not advertise in Cumberland County. Company trucks go through Cumberland
County daily, and company drivers often stop to purchase fuel and eat in this county.
In 1995 and 1996, Gene R, Williams, Inc. made deliveries to two companies in
Cumberland County, Stackpole Books and Phoenix Poultry (formerly Wellington
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96-5512 CIVIL TERM
Farms). Those deliveries were contracted to defendant by suppliers located in
Adams and Franklin counties. In 1995 there were eight such deliveries amounting to
$1,280 in revenue. Overall, Gene R. Williams, Inc. made 2,631 deliveries in 1995
producing total revenue of $729,158. In 1996, there were another eight deliveries in
Cumberland County producing revenue of $1,050. In that year, total deliveries by
Gene R. Williams, Inc. were 2,413 producing total revenue of $615,150.
In determining whether a corporation regularly conducts business in a county
in order to establish venue pursuant to Pa. Rule of Civil Procedure 2179(a)(2), the
Superior Court of Pennsylvania in Mathues v. Tim-Bar Corporation, 438 Pa. Super.
231 (1994), stated that a court "[m]ust focus on the nature of the acts the corporation
allegedly performs in that county, which must be assessed both as to their quantity
and quality," Quantity means acts which are so continuous and sufficient to be
general or habitual. Id. at 235. We are satisfied that the sixteen deliveries defendant
made in Cumberland County out of a total 5,044 deliveries over a two year period,
which deliveries amounted to an insignificant portion of its revenues, do not constitute
a sufficient quantity of deliveries to support a finding that defendant regularly
conducts business in Cumberland County, Mathues v. Tim-Bar Corp., supra. The
fact that defendant's trucks regularly pass through Cumberland County and that
defendant's drivers often stop to purchase fuel and eat in this county is not relevant
to the issue of whether the defendant corporation "regularly conducts business" in this
county as that term is used in Rule 2179. Accordingly, we will transfer this case to
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96-5512 CIVIL TERM
Adams County where venue exists against both defendants. See U.S. Cold Storage
Corp. v. City of Philadelphia, 431 Pa. 411 (1968).
ORDER OF COURT
AND NOW, this ~ day of February, 1997, IT IS ORDERED:
(1) The preliminary objection of defendants to plaintiffs' complaint for lack of
venue, IS GRANTED.
(2) Plaintiffs' complaint is transferred to the Court of Common Pleas of Adams
County. Plaintiffs shall pay any costs of such transfer.
By the Court, /~.
Edgar B. Bayley, J.
,
David L, Lutz, Esquire
For Plaintiffs
Deborah A. Cavacini, Esquire
For Defendants
:saa
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BECKER and
KATRINA BECKER, his wife
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO, 96-5512 Civil
THOMAS E, TAYLOR,
and GENE R, WILLIAMS, INC,
Defendants
JURY TRIAL DEMANDED
STIPULATION OF COUNSEL PURSUANT TO RULE 1033
It is hereby stipulated and agreed by and between counsel for
the Plaintiffs and Defendants that:
1. Plaintiffs initiated this litigation naming the
corporate Defendant as Gene R. williams, Inc, In discovery, the
Defendants have represented that the proper name of the corporate
Defendant is Gene R, Williams Trucking, Inc.
2, The Plaintiffs desire to modify the caption to
reflect the proper corporate Defendant with the understanding that
no other pleadings need be filed, and that the pleadings and
discovery filed thus far will be treated as if Gene R, Williams
Trucking, Inc" had been identified as the corporate Defendant in
the Complaint,
3. The parties propose that the caption be modified to
provide that the corporate Defendant be Gene R. Williams Trucking,
l05488/MTG
CERTIFICATE OF SERVICE
I, Mary T, Geraets, 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 STIPULATION OF COUNSEL PURSUANT TO RULE
1033 upon all counsel of record via postage prepaid first class
United States mail addressed as follows:
Deborah A, Cavacini, Esquire
Caldwell & Kearns
3631 N, Front Street
Harrisburg, PA 17110-1533
Attorney for Defendants
Dated: 1---10 All