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Home My WebLink About00-02107 ;,~ ~.'~' < ' , - -~ ., ,. ., ~'L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION * THE McCAULEY TRUCKING COMPANY, Plaintiff * -vs- * Docket No. rY\ - ::<[07 ~;",{ I~ DONZELLA M. KUMLER and * GLEN MOORE TRANSPORT, INC., Defendants * Type of pleading: COMPLAINT Filed on behalf of: PLAINTIFF, The McCauley Trucking Company Counsel of record for this party: Dwight L. Koerber, Jr., Esquire PA I.D. No. 16332 110 North Second Street P. O. Box 1320 Clearfield, PA 16830 " ~ " ~,~, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION * THE McCAULEY TRUCKING COMPANY, Plaintiff * -vs- * Docket No. DONZELLA M. KUMLER and * GLEN MOORE TRANSPORT, INC., Defendants * NOT ICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action 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 within twenty (20) days. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any relief claimed in the complaint by the plaintiff. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 800-990-9108 <" -~'"' , ,- ,,-,--~--~. '-','~. .'.. iillt~ j,';' G" r" "! tU II! Iii f-;!, ."r :1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION i I I J , * THE McCAULEY TRUCKING COMPANY, Plaintiff * -vs- * Docket No. trv - .2/tJ'1 Ct;;J ~ DONZELLA M. KUMLER and * GLEN MOORE TRANSPORT, INC., Defendants * COMPLAINT COMES NOW, The McCauley Trucking Company, by and through its attorney, Dwight L. Koerber, Jr., Esquire, and files the within complaint against Defendants Donzella M. Kumler and Glen Moore Transport, Inc. 1. Plaintiff is The McCauley Trucking Company, which is a Pennsylvania corporation with its principal place of business at 2. Defendant Donzella M. Kumler is an individual, who Ii' E' ~i ~,:- \1l II R. D. 5, Box 48A, New Bethlehem, PA 16242. resides at R. D. 2, Box 257A, Newport, PA 17074. ,1-, . ~ ' 3. Defendant Glen Moore Transport, Inc. is believed to be a i;1 ~: , ~I !:' ~ ~~ }i Pennsylvania corporation, whose principal place of business is at 1171 Shearer Drive, Carlisle, PA 17013. 4. Plaintiff is a trucking company, and engages in operations from, to and between various points throughout the United States. 1 L !: ,~ -.L_. - , ,I "" , ~ I " "" ,'",,-~, ~ ',- "~' 'n-' "<, ','.- , Iii.., 5. On or about April 25, 1999, plaintiff's employee was operating a certain tractor trailer unit in the State of Oklahoma, such tractor trailer unit being a 1997 Kenworth, Model 7-2000, identified as McCauley Trucking Unit No. 172. 6. On the morning of April 25, 1999, at approximately 1:30 A.M., Tractor Unit No. 172, operated on behalf of plaintiff, stopped at a fuel island in Travel Center of America, at 501 South Morgan Road, Oklahoma City, OK. 7. While Unit 172 was stopped, the tractor trailer unit operating in front of it drifted backward and collided with the front end of Unit 172, thereby causing physical damage to the front of the said Kenworth truck tractor. 8. The motor vehicle that collided into The McCauley Trucking Company Tractor No. 172 was driven by Defendant Kumler. 9. The motor vehicle that Defendant Kumler was operating at the time that she collided with plaintiff's Unit No. 172 was owned by Defendant Glen Moore Transport, Inc. 10. Defendant Kumler was an employee of Defendant Glen Moore Transport, Inc., and as such, was an agent working for and on behalf of Defendant Glen Moore Transport, Inc. 11. At the time that Defendant Kumler was operating the motor vehicle that collided into Plaintiff's Unit No. 172, she was operating within the scope of her employment. 12. Attached hereto as Appendix A is a list of the damages 2 - -'"'-' "' "' " -- - w ~. " ~ and the cost of the repair for the physical har.m that defendants caused to plaintiff's vehicle No. 172, when the vehicle Defendant Kumler was driving as an agent for Defendant Glen Moore Transport, Inc., collided with plaintiff's truck tractor No. 172. 13. In addition to the physical har.m that defendants' actions caused to plaintiff's vehicle No. 172, defendants have also created har.m through down time. 14. Plaintiff allocates the down time caused by and arising out of the said accident as five days. 15. The cost to plaintiff per day for the nonuse of a vehicle, which is also known as down time, is $450.00. 16. Five days of down time at $450.00 per day represents $2,250.00 of additional damage, which defendants caused to plaintiff as a result of colliding into vehicle No. 172. 17. In colliding with vehicle No. 172, defendants were negligent in that Defendant Kumler failed to keep her vehicle stationary at the fuel island and failed to prevent it from moving backward when plaintiff's vehicle was parked behind it. 18. By per.mitting the vehicle Defendant Kumler was operating on behalf of her employer, Defendant Glen Moore Transport, Inc., to glide backward and to collide with plaintiff's Unit No. 172, defendants were negligent in their conduct and behavior toward plaintiff. 19. As a result of the negligence of Defendant Donzella M. 3 , ~~ -',=-" 1.,-- , Kumler, directly and vicariously imputed to Defendant Glen Moore Transport, Inc., defendants have caused damage to plaintiff in the amount of $6,202.32. WHEREFORE, Plaintiff The McCauley Trucking Company prays that judgment be entered in its favor and against Defendants Donzella M. Kumler and Glen Moore Transport, Inc. in the amount of $6,202.32, plus costs and interest. Respectfully submitted, rber, Jr., E re Plaintiff, TRUCKI:tJG 90MPANY 7(L.:3I'1=YO ( By: Dwight Attorney THE McCA DATE: 4 .'- , ~' , ~, ~ . ~ -, '.' .~. ,", -'-" -, '...;,l,:.- i!:, VERIFICATION I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. ~/~~ Larry D{ McCauley, P 1dent The McCauley Trucking Company DATE: ?> - 2-7-06 ~~~, . . '"' . ~ - , ~' - -~, , ~ " APPENDIX A Attached hereto is a listing of the damages and costs of repair to plaintiff's Unit No. 172. ,~.-- "--=-,....,,~...,,~=>"'""'......._,"'.~....;& ",,,",,,,, ~ '-' -, ~~ .'h ~~I _ ~" - ." ~ - ~ ow '~~~Jfu,~'hl?", MA.....-1B-!l$ MOH l;Ja:"'t::I "1"1 - J t' j l.} .. _..1 . ~ ~ llj" ..., ~ 0~/::-V-7V ... .....~._.._t:U.,....I"""..' ~ ~ v;;t:J;e.( ~'I~ '>i ..., tl-II(....{,.,~. '1",,;. S37; ..- NOLF CHRYSLER DODGE. Inc. R.D. 1 BOll 267 FAIRMOUNT CITY. PA. 16224 814-365-5251 N2 002323 " ESTIMATE OF REPAIRS aH(tf NCt. J c. I ......... ..... ,dt I APCnE53 IDAT' {)1 Co c....I. 7: J7'L S-7-.,t:r c. h- I 'Q7 ...... I' H"'foII.Ii;a~ "'r~~1 r7x:trD~'1xt::\I.1'"7C'Qo~ ..,ll.. ~-"p J.l r-~ . h. .......... If'IS''IlCf'OA 1:- , :8..';_ 911..0... OW:7e.. .~'. ... '''-' ""~. .... .,. -PARTS paiNT "tOTAL . .. .,.:' ',:,.pE!$c;fliis.'tiOR ~F.'~~~1\s~~ePLAci:MENT6 L.AllOR I,'. . NlM6EA .'lMO)JNT ~UN:r AMOUNT N<<l<IHr . .... ~l' I "~:!I:t$\:'J'i.;~:~'.,,'::':'."::'" . . I Repf4~ .. ~,: II, J-LJ/., _. o .. . ';:01 (,'1 ., - I . c c..-Ir.... '~i ;;Ie:;: <5 , . I , .6,,~ ( " ( r .M~L. IU_c.:J,. ]/$ ;JJ 5 I I?t 4/ tJ ,. fL/, /d.J -_. 0.. Je'" ~, I. 71. "l. ~ II .J.., 4.1 I.... A J < I I . .Il.- k"_,( j"n~ .71. I Q.. e> .. ' _ ..... ." . LM_J L" II \' " . I:J j) < 0 I iR.; ,",.",,. 1.1.. ~~_~. 0-/1. n .'"'- r.. iJ f 0 J . i =.'_ fl.. Jt.....l .~ i2._:f. /.. ( ,L - J . .. -. .. 7-' ~+...l... k .:\ ti' _d? I /K... 1 ., R, ~(J.".f {tJ" J ",,/ ,_11 11.. o"J. :'\ o~ .Jr f"'\....., ./.enul.... ~<-' mil." 4./:l>O F~ .... -."'-- - J e"A' ...J?...l lb ,.,t .... ..L_ I k "X" QcJ I /J-,J ;." L. ~ r (~c:.r ~ .< I fe.:-~..,,, r... -'- - "-"- - IS~. ::0 . '~--' -.- . .-.. - .- ,-- I I . \ I -. .- '-- - - 0__.'" '- '0' .... .....,.-.- ." . . ',' o. . . . ,,".0$ <00 Thl above il a" estimate based on 0lJ' Inspeclion 3r'ld "098 nor OOV8' any TOTALS ~C~l l:C 1(')<6C> DC: 30(,. ~)<. Mal!l8001 !mffl (J 13{J(Jf wltlell ~~ ~l r~uired d\.., tt.. wC<l: ~.. b~eo OCJ 00 opetl.4 lJp. eo:.stonally alter thQ work has &tatted. worn or damaged parts . 3 7 ~<6-_(O ToX IU"I. [.,'l ere d'IseOVefed whk:h ars not .....ld6nt on the linn inepeetion. SecatJGe of \hi:, lhe above pric$.$ are nol $Iuarantesd. anO are 10r immodlale ac:sc:eptance ont)'. Noe Nsp<<I,tbl,. tot' any diJl.ys caused by unaysilebilil1 ot P&1'tIJ or de/Olj1iO irt ~~) ~art. shlptrlelU b)' supplie.r or lranspotr,8r. ...: ~..:- -~~~ ~_. ,. -~~~-" ^" ~~ , ~ ~- . . '""'"-"-" SHERIFF'S RETURN - OUT OF COUNTY -" CASE NO: 2000-02107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCAULEY TRUCKING COMPANY THE VS KUMLER DONZELLA M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KUMLER DONZELLA M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 14th , 2000 , this office was in receipt of the attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge DEP. PERRY CO 6.00 9.00 10.00 23.20 .00 48.20 04/14/2000 DWIGHT L. KOERBER, :~~~ R. Thomas Kline Sheriff of Cumberland County JR Sworn and subscribed to before me this jq"'!:' day of ~ A.D. ~) C}'f' -0 ~.iP,-.~ ~, prothonotar ~Ii","_ ".' -' ~~~.. -~ ,=,~.. , . """ - ::Pl SHERIFF'S RETURN - REGULAR -- " CASE NO: 2000-02107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCCAULEY TRUCKING COMPANY THE VS KUMLER DONZELLA M ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GLEN MORE TRANSPORT INC the DEFENDANT , at 0009:42 HOURS, on the 10th day of April at 1171 SHEARER DRIVE , 2000 CARLISLE, PA 17013 by handing to TIM RICH (EXECUTIVE VICE PRESIDENT) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 ;~~t R. Thomas Kline Sworn and Subscribed to before 04/14/2000 DWIGHT L. KOERBER, JR. \i= ste~J1-~ By: me this Iq~ day of ~;J ~ A.D. qtC'- ()- ~ O~c- . othonotary I -'(/ ~1"""1d" ..~ . ,~~ . -- ^,' ~ ' ~ "=' " . """, ~~ .' l-;!lit - tn The Court of Common Pleas of Cumberland County, Pennsylvania The McCauley Trucking Company vs. Donzella M. Kumler, et. al. Serve: Donzella M. Zumler No. 20-2107 Civil Now, 4!7 , 20 Q () , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the P]~~ ~l Sheriff of Cumberland County, P A Affidavit of Service Now, A?,"7/ IJ ,2000 , at 4 :'f'f o'clock P M. served the within ---t1ItJ fic<e 'f.. Um,p fa, ~ t upon Dn'Nwla. tn- Kkm/er at /U{ :J . I?t>;( dOl-if II/Mfnd I .:JU.fIJ,tth, ?7J-wMh'f by handing to '')/'o.u Ku mJ-er I IJ-efn dlL(l-k fu. d,,", d err(J ell- P.4- /707'1 a -hue 'j.. I1i11'R.f.oJ copy of the original Noi-iN. v- ~/Ot;(}t and made known to A, rYJ the contents thereof. So answers, br~ 11f"'<t Sheriff of P..r l' County, PA Sworn and subscrihedbefore me this f3ffL dfl'}'OCi'cp., f ;20~ COSTS SERVICE /~;:, )$ MILEAGE 3..2"() AFFIDAVIT Gl '01> if 3.oLe ~ff $ Ib,i'o R~"-,,,j, ." " 'd"".,,,," --~ -, -' 0 __ "_ ~' '" . ",~ '-" '~'~"__ ro'- ',"." .,_.;' ,,~ _'''._ ,_ . iiiIi'iIU;- . , THOMAS, THOMAS & HAFER, LLP Jeffrey B. Rettig, Esquire Identification Number: 19616 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendants . ~ i r " r ~ ~ t I, " " t it: , r, " I; ii ~ ~ ~ , " , ~ , I I, ~ [ u f I !~ \: ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW THE McCAULEY TRUCKING COMPANY, Plaintiff v. NO. 00-2107 CIVIL DONZELLA M. KUMLER and GLEN MOORE TRANSPORT, INC., Defendant PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Jeffrey B. Rettig, Esquire of Thomas, Thomas & Hafer, LLP on behalf of Donzella M. Kumler and U.S.F. Glen Moore, Inc., formerly known as Glen Moore Transport, Inc., Defendants, in the above captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~- ,,; , , CERTIFICATE OF SERVICE I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that 1 have served a true and correct copies of the foregoing document 9n the fOIlOW~ by placing same in the United States mail, postage prepaid, on the z.~ day of ,2000. Dwight Koerber, Jr., Esquire P.O. Box 1320 Clearfield, PA 16830 THOMAS, THOMAS & HAFER, LLP "'~C" - -j!?);, i': ip ~; 1', ~ : \-; ;~ t! " i, ,. ;,! I' , ~i f I. l I I i r i~ I' I I: I. I I I' I' I , !-: k L I I i I i I. I' f ~-lii.f- ,,:,;,' !IIIIP, ''';'-'''IIiIililiiiil' ." . ~,..~ ^ . ~. ri~ltl~~""'"'" ""-".~~. -~ ." "...<.... ._.J.- , ',~ C) ~; ~)[r~ ::;: l' " ~5!~_ r,:::C ~,:;:;- f'''; p. ,," -w "---~;,,-', ..." ,",,"', . ,,., ,-,,) ",:< -~; ~":''j ,--~ ~ " - , ~~ '~_", .,__'~ _,_ '_"-',, ., "" ,;_.", ,'"~","',_"o,',' ,,_ c"I!."'~' -_C.\~_'__~" ,',n"._ ',," r', --';-';'.~iJ;.; l ~~' ~~ . c_" i: '. THOMAS, THOMAS & HAFER, LLP Jeffrey B. Rettig, Esquire Identification Number: 19616 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendants ~', . ~- v. NO. 00-2107 CIVIL ~ f r fr I: r f t; ~ r t ~ , f ,. , l I: , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW THE McCAULEY TRUCKING COMPANY, Plaintiff DONZELLA M. KUMLER and GLEN MOORE TRANSPORT, INC., Defendant ". l~ 1;: I ~ f! THOMAS, THOMAS & HAFER, LLP f r :' I t t i' f: r. : K i I I: I: I i I i I I I I, i ! NOTICE TO PLEAD TO: McCauley Trucking, Plaintiff and Dwight Koerber, Jr., Esquire, its attorney You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, ~t _I ~ ,. , ,_, -' ;,/__ " _', n,,;, . 'C' ~ ' . ,,_ _',' "~~.. ,- 'w" _,' ,_ _,' ,,,~ " . .n.'",-, ~, , THOMAS, THOMAS & HAFER, LLP Jeffrey B. Rettig, Esquire Identification Number: 19616 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/255-7639 Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW THE McCAULEY TRUCKING COMPANY, Plaintiff v. NO. 00-2107 CIVIL DONZELLA M. KUMLER and GLEN MOORE TRANSPORT, INC., Defendant ANSWER WITH NEW MATTER OF DEFENDANTS AND NOW, comes the Defendants, Donzella M. Kumler and Glen Moore Transport, Inc., by their attorneys, Thomas, Thomas & Hafer, LLP, and answers Plaintiff's Complaint as follows: 1. On information and belief, this allegation is admitted. 2-3. Admitted except that Glen Moore Transport, Inc. is now known as U.S.F. Glen Moore, Inc. 4. It is admitted that the Plaintiff is a trucking company. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 5. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. ';""'''''''''''-;'-:-');'::':1 ~j ~i Ii] f 1~1 '. "~I ~ ~ ':: 1','1 Ii; ~ ," ,i ;j ~ I:! " ::: Ii: I,,: i,~ I:' I I' I" Ii.: ,< ~, I:' 1,/ ;c " 6. Denied as stated. It is admitted that an incident occurred on April 25, 1999 at or about the time and place alleged. 7. Denied. To the contrary, Plaintiff's vehicle went forward and struck the rear of Defendant's vehicle. As to the allegations regarding damage to the front of Plaintiff's vehcile, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 8. Denied as stated. To the contrary, Plaintiff's vehicle collided with Defendant's vehicle. Defendant Kumler was the operator of Defendant's vehicle. 9. Denied as stated. To the contrary, Plaintiff's vehicle collided with Defendant's vehicle. Defendant's vehicle was owned by Defendant U.S.F. Glen Moore, Inc., formerly known as Glen Moore Transport, Inc. ", 10. Admitted. , !': 11. Denied as stated. It is denied that Defendant's vehicle collided into Plaintiff's vehicle. To the contrary, Plaintiff's vehicle collided into Defendant's vehicle. Defendant Kumler was acting within the scope of her employment. 12. Denied as stated. It is denied that Defendant's vehicle struck Plaintiff's vehicle. To the contrary, Plaintiff's vehicle struck Defendant's vehicle. It is admitted that a repair estimate is attached to Plaintiff's Complaint. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 13. Denied. It is denied that the Defendants caused harm to Plaintiff's vehicle. 14-15. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 16. Denied. It is denied that Defendants caused any harm to Plaintiff. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are ,'-d_ , ,;..~, - , (_.' .."'__.' <,',_ ~'-n/._J-':'~_""_'-';__'-;"_-.--,,,-'i-,--'_ .~.,,_", '._n'"," "fi,i: ,t' :f' without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 17. Denied. It is denied that the Defendants were negligent and it is further denied that the Defendants collided with Plaintiff's vehicle. 18. Denied. It is denied that Defendant's vehicle struck Plaintiff's vehicle. To the contrary, Plaintiff's vehicle struck Defendant's vehicle. 19. Denied. It is denied that Defendant Kumler was negligent or that she caused damages to Plaintiff's vehicle. . I: " WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed without cost i: Ii I' 1 , to them. NEW MATTER i~ :i ii" 20. Plaintiff has or may have failed to mitigate its damages. 21. This accident was caused by the negligence of the Plaintiffs, not the alleged negligence of the Defendants. WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed without cost to them. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ,", .. .- --~ ~~ I~....; , ,,- i.' '; i I ! VERlfJCATION I I L I I, Donald J. Krieger, state that I am Safety Director of U SF Glen Moore, Inc., that I make this Venfica\lon on behalf of U.S.F. Glen Moore, Inc., and that I am familiar with the facts set forth In the foregoing document. I have read the foregoing document and hereby affirm thai il is true Bi1d correct to the beS1 of my personal ki1owledge, Information and belief ThiS Verification is made Plirsuant to '8 Pa C.S S 4904 relating to unsworn falsification to authorities. D<lteej '1;::, I' ,I I I, VERIE!~ATION I r:ereby verify thaI the averments made In the foregoing document are true and correct I Ivr.;;,rstand that false statements herein are made subject to the penalties of 18 Pa C SA 4904 relating to unsworn falslflca'ion to authorities [~;3t6(j ~, .-" "-, ,~' " -. ,- -,',- --"," ^ '''''' 'C",". '" .~. ", '_' ,,",,,~- __' ~", ~. _~ -"."'~, or}". ~ !; ," ,,' r: I'! i' I' ii :-, CERTIFICATE OF SERVICE , "~ I, JEFFREY B. RETTIG, ESQUIRE, hereby certify that I have served a true and correct copies of the foregoing document on the following p sons placing same in the United States mail, postage prepaid, on the Z,1 day of ,2000. , I; 1:;- I; , !~ I; 1:- , Dwight Koerber, Jr., Esquire P.O. Box 1320 Clearfield, PA 16830 i'f THOMAS, THOMAS & HAFER, LLP ! , -....-. " , ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE McCAULEY TRUCKING COMPANY, Plaintiff -vs- DONZELLA M. KUMLER and GLEN MOORE TRANSPORT, INC., Defendants . . . . . . : No. 00-2107 CIVIL . . . . . . . . Type of Pleading: REPLY TO NEW MATTER Filed on Behalf of: PLAINTIFF: The McCauley Trucking Company Counsel for this Party: Dwight L. Koerber, Jr. PA I.D. No. 16332 110 North Second Street P. O. Box 1320 Clearfield, PA 16830 (814) 765-9611 . . - ~~ 'Il;;! :,': !t; , i~: I:' :, i' I 1 I: I; l~~ I'" c , I'"~ :," Ie, I;' 1 ti {,; :," ~; fc! [i " r H I ,1 , ~ ),: ~,i f! f Ij, ,- "~.'- .' , , :: i , i;-; ii: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION i ~ ; ; , C Ii THE McCAULEY TRUCKING COMPANY, Plaintiff . . 11 j-, " I::: -vs- : No. 00-2107 CIVIL : " n I' ! i' I 1'1 DONZELLA M. KUMLER and GLEN MOORE TRANSPORT, INC., Defendants . . : : REPLY TO N'EW MATTER )) COMES NOW, Plaintiff, THE McCAULEY TRUCKING COMPANY, by and " 'J ![,- " ij: I ~- " I. " through its attorney, Dwight L. Koerber, Jr., Esquire, and files the within Reply to New Matter. 20. Denied. Legal conclusion. 1! !\' , r 21. Denied. Legal conclusion. To the contrary, it is Plaintiff's position that there was no negligence whatsoever on the i I, F,- i i i I , part of Plaintiff, as Plaintiff's vehicle was stationary at the time that Defendant's vehicle glided back into it and caused the damage in question. WHEREFORE, Plaintiff prays that judgment be entered in its favor and against the Defendants, with cost to awarded to Plaintiff. Respectfully submitted: Koerber, r. , for Plaintiff I~. ".~ .- ~ ~ .' ~ - f-"ll_ VERIFICATION correct. I understand that false statements herein are made I: I' 1 I i I i' I verify the statements made in this document are true and subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn , <,c falsifications to authorities. ":: S-B~cO Date ~'~ ~... /7-27 ... La D. lircCauley " I! ,. I , ~' ----- -, Ii! i" L b~ .~~ - f ~~ ',,"' i i [ " ii; i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION THE McCAULEY TRUCKING COMPANY, Plaintiff . . i\)' ~t I; [J I' r . . . . ( f I', ,. I. " -vs- : No. 00-2107 CIVIL . . DONZELLA M. KUMLER and GLEN MOORE TRANSPORT, INC., Defendants : I ,. . . . . CERTIFICATE OF SERVICE ~ I: in the above-captioned matter upon Defendants' counsel. Such i'-: I; [: 1(; ~, , 1\ I t t I certify that on the /;)<-{C1.day of May, 2000, the undersigned served a true and correct copy of the foregoing Reply to New Matter documents were served via United States First Class Mail upon the Jeffrey B. Rettig, Esquire THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 Ji i: I I; I: I' i ~ I I following: uire "~ ''"*''''''i1< b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION * THE McCAULEY TRUCKING COMPANY, Plaintiff * -vs- * Docket No. 00-2107 CIVIL DONZELLA M. KUMLER and GLEN MOORE TRANSPORT, INC., Defendants * I * Type of pleading: PRAECIPE TO DISCONTINUE Filed on behalf of: PLAINTIFF, The McCauley Trucking Company Counsel of record for this party: Dwight L. Koerber, Jr., Esquire PA I.D. No. 16332 110 North Second Street P. O. Box 1320 Clearfield, PA 16830 (8l4) 765-9611 . . "~. I_~~~ ~ ,< - v ~ ''''''"''''''''''' I; ,.- i -vs- * Docket No. 00-2107 CIVIL ; I: I i i" i. i , ,. , t'; f; c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION * THE McCAULEY TRUCKING COMPANY, Plaintiff * DONZELLA M. KUMLER and GLEN MOORE TRANSPORT, INC., Defendant * * !{ PRAECIPE TO DISCONTINUE ! \-, , 10: , TO THE PROTHONOTARY: i:! ! i Please make the above-captioned case as discontinued and dismissed with prejudice. ii, Respectfully submitted, I, i i. t;: , , :~ By: Dwigh L. e Attorney f r laintiff, The McCaul l!;~king Company DATE: . ~7~ I. ~ \ I r , <.A~~'~' ~. ~! , ~~ , "'-. - 4 CERTIFICATE OF SERVICE I hereby certify that on this ~ day of August, 2000, I have served a copy of the foregoing Praecipe to Discontinue upon counsel for defendants at the following name and address: Jeffrey B. Rettig, Esquire THOMAS, THOMAS & HAFTER, LLP 305 North Front Street, Sixth Floor P. O. Box 999 Harrisburg, PA 17108-0999 ~ ~-tf~~ ~t L. ~rber, Jr., Es .~ ~ '"~ '-,,, I , " !,' I " , " , i,- Ii I, l~ , [G :r 'f 'I; if ;, ii' It Ii I:, f~, ,. " Ii " ,f, 1'- !; 'i' I~ :1-