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IAN STUART,
ATTORNEY AT
BY: MICHAEL
I.D, 53893
THE LEWIS TOWER BLDG.
27TH FLOOR, 225 SOUTH 15TH
Philadelphia, PA 19102
(215) 928-1129
ATTORNEY FOR PLAINTIFF
P.C.
LAW
J. JUBANYIK,
CERTAIN
LLOYDS
subrogee
Trucking
UNDERWRITERS AT:
OF LONDON as:
of L.G. DeWitt:
Company Inc.
Plaintiff
vs
PLEASANTS INNS AND SUPER:
8 MOTEL
Defendant
-'
ESQUIRE
STREET.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
NO . C) \' - LI:>' (:) (., C~( T-'-<-
NOTICE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR
A JUDGMENT MAY BE ENTERED AGAINST YOU.
Respectfully submitted,
IAN STUART,
BY:
.~
MICHAEL
J. JUB1IK
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1992 DeWitt Trucking, began renting a motel room from the
defendant, Pleasant Inn and Super 8 Motel. DeWitt Trucking,
maintained an office at this location from approximately May of
1992 through of September of 1997.
6. During this relevant time frame, the defendant Pleasant
Inns and Super 8 Motel, offered DeWitt Trucking space in their
parking facility to accommodate trucks, tractors and trailers
owned and utilized by DeWitt Trucking.
7. On or about July 30, 1997, DeWitt Trucking, parked a
1992 utility refrigerated container, bearing partial vin number
NM663501 and license plate PA-AS-3140, listed as trailer number
0001, at the lot designated by Super 8 for use by L.G. DeWitt
Trucking Company Inc. At the time the trailer was parked it
contained goods and products which were picked up at the Hershey
Eastern Distribution Center.
8. Sometime between when the vehicle was parked on the
defendants premises and the following day, being July 31, at 7:15
a.m., the trailer with all of the goods and merchandise was
stolen. An employee of L.G.DeWitt Trucking Company reported the
theft to the local police at 7:15 a.m.
9. As a result of the loss, L.G. DeWitt Trucking Company,
made a claim to Lloyds for the value of the goods and property
which were inside of the trailer when it was stolen. As a result
Lloyds paid L.G.DeWitt Trucking Company $88,481.80. L.G.DeWitt
Trucking Company, paid an additional $10,000.00 representing
their deductible to Hershey Chocolate USA. Accordingly, the
total loss as a result of the theft was $99,481.80.
':;';:,;~.,;:,:.f:n.._'.~.;,:';';~"".~~" -I
10. Upon information and belief, thefts of this kind were
occurring with some frequency in and around the area where
defendants property was located. As a result of these thefts
taking place, defendants knew or should have known, the
likelihood of theft and other criminal actions, and should have
taken additional precautions to protect the subject trailer and
its merchandise.
11. The damage was caused by the negligence, recklessness,
and carelessness of the defendant in that it:
a. Failed to adequately protect and\or safe guard
plaintiff's items;
b. Failed to notify plaintiff about the potential damage
and/or criminal activity;
c. Failed to provide plaintiff with a secure location for
the property;
d. Otherwise violated the rules and regulations of the
Commonwealth of Pennsylvania.
12. The damage of plaintiff's items resulted from the
negligence, recklessness and carelessness of defendant Pleasant
Inn and Super 8 Motel and was in no manner whatsoever due to any
act or failure to act on the part of the plaintiff. As a direct
and approximate result of the negligence, recklessness and
carelessness of the defendant, the plaintiff has suffered damage
in the amount of$99,481.80.
Wherefore, Plaintiff demands judgment against the defendant
in the amount of $99,481.80 together with costs, reasonable
attorneys fees and any other such relief as the court shall deem
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just and equitable.
COUNT TWO NEGLIGENCE
1. plaintiff hereby incorporates paragraphs one through
twelve and by reference as if fully set forth herein.
2. The relationship between the plaintiff and the defendant
was that of a bailment, whereby plaintiff was the bailor and
defendant was the bailee.
3. The bailment was for the mutual benefit of both the
bailor and the bailee.
4. The defendant as bailee, has a duty to exercise
reasonable or ordinary care regarding the storage and safe
keeping of plaintiffs items. Defendant failed to do so at all or
did so improperly.
5. The damage to plaintiffs items was caused by the
negligence, recklessness and carelessness of the defendant in
that it:
a. Failed to adequately protect and/or safe guard
plaintiff's items;
b. Failed to notify plaintiff about the damage to the
items;
c. Failed to provide adequate security, despite knowledge
concerning prior acts, and;
d. Otherwise violated the rules and regulations of the
Commonwealth of Pennsylvania.
6. The damage to plaintiff's items resulted from the
negligence, recklessness, carelessness of the defendant, pleasant
Inn and Super 8 Motel, and was in no manner due to any act or
.
failure to act on the part of the plaintiff.
7. As a direct and approximate result of the negligence,
recklessness, and carelessness of the defendant the plaintiff has
suffered damage in the amount of $99,481.80.
WHEREFORE plaintiff demands judgment against the defendants
in the amount of $99,481.80 together with costs, reasonable
attorneys fees and any other such relief as the court shall deem
just and equitable.
THIRD COUNT BREACH OF CONTRACT
l.plaintiff hereby incorporates Counts One and Two by
reference as though fully set forth herein.
2. plaintiff L.G.DeWitt Trucking Company rented a room from
the defendants, for use as an office. Defendants charged
plaintiffs a premium above the standard rate for such a room.
3. Defendants agreed to provide plaintiffs with an area on
defendants property on which to park and store trucks and
trailers.
4. The agreement to provide plaintiff with a room to
conduct business and a space for vehicles, constituted a contract
between plaintiffs and defendant.
5. By the terms of the contract, the defendant was
obligated to use ordinary diligence in the storage, safe keeping
of plaintiffs items.
6. Defendant breached the contract by not exercising
ordinary diligence relating to the storage and safe keeping of
plaintiff's items.
7. As a direct and proximate result of the defendant
"
breaching of the contract, the plaintiff has suffered damages in
the amount of $99,481.80.
Wherefore, Plaintiff demands judgment against the defendant
in the amount of $99,481.80 together with costs, reasonable
attorneys fees and any other such relief as the court shall deem
just and equitable.
FOURTH COUNT NEGLIGENCE
1. plaintiff hereby incorporates Counts One, Two and Three
above by reference as though fully set forth at length herein.
2. On or about July 30, 1997, prior to the theft of
plaintiff's trailer, Tim Peters a maintenance employee, of
defendant, observed a suspicious looking individual driving a
truck and hanging around the area where plaintiff's vehicle was
located.
3. As a result of suspicious activity, Mr. Peters spoke to
the individual who indicated he was planning to rent a room at
defendant's motel later that day.
4. Despite the suspicious activity, Tim Peters, acting as
an agent, server, employee of the defendant failed to notify his
superiors of this suspicious activity, and failed to take any
other further steps to protect the property of the plaintiffs.
5. Tim Peters acting as the agent, server, employee of the
defendant was negligent, careless and/or reckless in failing to
advise his superiors of the suspicious activity, failing to
notify the police, failing to notify the plaintiff, and/or is
otherwise negligent, in failing to take reasonable steps to
insure the safety of plaintiff's property.
Stephen E, Geduldlg, Esquire
Attorney 1.0, No, 43530
THOMAS, THOMAS & HAFER, LLP
305 North Front Street
Post Office Box 999
Harrisburg, Pennsylvania 17108
(717) 237.7100
E.Mall: sea@lthlaw.com
Attorneys for Defendants
PLEASANTS INNS and SUPER B MOTEL
CERTAIN UNDERWRITERS AT
LLOYDS OF LONDON as
subrogee of L.G. DEWITT
TRUCKING COMPANY, INC.,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 98-4306 Civil
PLEASANTS INNS and SUPER 8
MOTEL,
Defendants
ANSWER AND NEW MATTER OF DEFENDANTS,
PLEASANT INNS and SUPER B MOTEL, TO PLAINTIFFS' COMPLAINT
AND NOW, come Defendants, Pleasants Inns and Super 8
Motel ("Defendants"), by and through its attorneys, Thomas,
Thomas & Hafer, LLP, and files the following Answer and New
Matter to Plaintiffs' Complaint:
1. Denied. To the extent that paragraph 1 of
Plaintiffs' Complaint purports to aver additional facts the same
are denied pursuant to Pa. R.C.P. 1029(e).
1. Denied pursuant to Pa. R.C.P. l029(e).
2. Denied pursuant to Pa. R.C.P. 1029(e).
3. Admitted in part and denied in part. Admitted
that at all times material. hereto there was a Super 8 Motel.
located at 1800 Harrisburg pike, Carlisle, Pennsylvania. By way
of further answer, there is no entity known as "Pleasant Inns".
On the contrary, Pleasant Inns of America, Inc. was a franchisee
of Super 8.
4. Denied as a legal conclusion.
5. Admitted.
6. Denied pursuant to Pa. R.C.P. 1029 (e) .
7. Denied pursuant to Pa. R.C.P. 1029 (e) .
8. Denied pursuant to Pa. R.C.P. 1029 (e) .
9. Denied pursuant to Pa. R.C.P. 1029 (e) .
10. Denied pursuant to Pa. R.C.P. 1029 (e) .
11 (a) - (c) . Denied as legal conclusions and
pursuant to Pa. R.C.P. 1029(e) .
11 (d). Withdrawn by Stipulation of counsel.
12. Denied as a legal conclusion and pursuant to Pa.
R.C.P. 1029(e).
WHEREFORE, Defendants, Pleasants Inns and Super 8
Motel, respectfully request that Plaintiffs' Complaint be
dismissed in its entirety and judgment entered in their favor.
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5. Denied as a legal conclusion and pursuant to Pa.
R.C.P. 1029(e).
6. Denied as a legal conclusion and pursuant to Pa.
R.C.P. 1029(e).
7 . Denied as a legal conclusion and pursuant to Pa.
R.C.P. 1029(e).
WHEREFORE, Defendants, Pleasants Inns and Super 8
Motel, respectfully request that Plaintiffs' Complaint be
dismissed in its entirety and judgment entered in their favor.
COUNT IV
NEGLIGENCE
1. No response is required as this is a paragraph of
incorporation.
2. Denied pursuant to Pa. R.C.P. 1029(e).
3. Denied pursuant to Pa. R.C.P. 1029(e).
4. Denied pursuant to Pa. R.C.P. 1029(e).
5. Denied as a legal conclusion and pursuant to Pa.
R.C.P. 1029(e).
6. Denied as a legal conclusion and pursuant to Pa.
R.C.P. 1029(e).
WHEREFORE, Defendants, Pleasants Inns and Super 8
Motel, respectfully request that Plaintiffs' Complaint be
dismissed in its entirety and judgment entered in their favor.
4
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VERIFICATION
r, Douglas W. George, Secretary/Trcasurer of Plcasant Inns of
America, Inc., hcreby vcrify that the averments made in the foregoing document are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing document was served by depositing the same in the
United States Mail, postaqe prepaid, at Harrisburg,
CO(
Pennsylvania, on the ~ day of November, 1998, on
all counsel
of record as follows:
Michael J. Jubanyik, Esquire
IAN STUART, P.C.
The Lewis Tower Building
27th Floor
225 South 15~ Street
Philadelphia, Pennsylania 19102
Attorneys for Plaintiff
THOMAS, THOMAS & HAFER, LLP
:30338,1
A land owner which owns land that is open to the public owes its customers a
duty of maintaining premises in a reasonably safe condition for contemplated use
thereof and for the purposes in which the customers were invited onto the premises.
Reaelinski v, F,W. Woolworth Co. of Pa" 225 A.2d 561, 423 Pa. 524 (1967).
In fact Pennsylvania law has stated that an occupier of premises owes to
business invitees the affirmative duty of exercising reasonable care in keeping his
premises reasonably safe, and of giving warning of any failure to keep the premises
reasonably safe. Mathis v, Lukens Steel Co., 203 A.2d 482, 415 Pa. 262 (1964).
The business invitee is to be warned of any dangers that are known and not
obvious. Novak v, Neff, 159 A.2d 707, 399 Pa. 193 (1960). In addition the owner is
required to warn a business invitee of any dangers that they should have known
existed. Stimmel v. Kerr, 148 A.2d 232, 394 Pa. 609 (1959).
The owner of land has a duty to use reasonable care to make premises safe for
the use of persons invited to use premises for business purposes or to give the
business invitee adequate and timely warnings of danger known to him but unknown to
the business invitees, Crane v, I.T.E. Circuit Breaker Co" 278 A.2d 362', 443 Pa. 442
(1971).
In this case it is undisputed that L.G, DeWitt was a business invitee of the
Defendants. This is because L.G. DeWitt paid the Defendants approximately $217.00
for,a motel room and the right to use the parking lot as a dispatch area. (See Page 16
Line 9 through 16 of Exhibit C).
In this case it is undisputed that a theft occurred in the Defendants' lot in January
of 1997. (See The Report of Detective John Sancenito, attached hereto as Exhibit A;
A land owner which owns land that is open to the public owes its customers a
duty of maintaining premises in a reasonably safe condition for contemplated use
thereof and for the purposes in which the customers were invited onto the premises.
Reaelinski v. FW. Woolworth Co. of Pa" 225 A.2d 561,423 Pa, 524 (1967),
In fact Pennsylvania law has stated that an occupier of premises owes to
business invitees the affirmative duty of exercising reasonable care in keeping his
premises reasonably safe, and of giving warning of any failure to keep the premises
reasonably safe. Mathis v. Lukens Steel Co., 203 A.2d 482, 415 Pa. 262 (1964).
The business invitee is to be warned of any dangers that are known and not
obvious. Novak v. Neff, 159 A.2d 707, 399 Pa, 193 (1960), In addition the owner is
required to warn a business invitee of any dangers that they should have known
existed. Stimmel v. Kerr, 148 A.2d 232, 394 Pa. 609 (1959).
The owner of land has a duty to use reasonable care to make premises safe for
the use of persons invited to use premises for business purposes or to give the
business invitee adequate and timely warnings of danger known to him but unknown to
the business invitees. Crane v. I.T,E. Circuit Breaker Co" 278 A.2d 362', 443 Pa. 442
(1971).
In this case it is undisputed that L.G. DeWitt was a business invitee of the
Defendants. This is because L.G. DeWitt paid the Defendants approximately $217.00
for a motel room and the right to use the parking lot as a dispatch area. (See Page 16
Line 9 through 16 of Exhibit C).
In this case it is undisputed that a theft occurred in the Defendants' lot in January
of 1997. (See The Report of Detective .lohn Sancenito, attached hereto as Exhibit A;
EXHIBIT A
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8. VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: WITHIN TWO-THREE DAYS OF THEFT
LOCATION VEHICLE RECOVERED: JEST, MARYLAND
VALUE OF TRAILER: $ 20,000.00
VALUE OF CARGO: $250,000.00
CARGO: CLOTHING (SOME CHILD'S CLOTHING)
PERSON REPORTING-JOHN TIPPERY, SS# 199-62-5156, DOB 03/06/68
THEFT # 3 - SEMI TRAILER CID Incident # 97,,040
POLICE DEPARTMENT: SILVER SPRINGS P.D.
DATE OF THEFT: JANUARY 3-51997 (FRIDAY, SATURDAY, SUNDAY)
LOCATION: SUNDAY TRUCKING
. 78 E. MAIN ST. '
NEW KINGSTON, PA. 17072
VEHICLE RECOVERED (Y/N): Y
DATE RECOVERED: 01-06-97
LOCATION VEHICLE RECOVERED: PHILADELPHIA AREA
VALUE OF TRAILER: $40,000.00
VALUE OF CARGO: $33,600.00
CARGO: 39,600 LBS OF PONDEROSA CHICKEN WINGS
DESCRIPTION: 1991 UTILITY SEMI TRAILER
WHITE, WITH SILVER REAR DOORS
RED NUMBERS ON LEFT FRONT (519)
REFRIGERATED UNIT
VIN #: 1 UYVS2480MM576201
PA. REG: AB54005
NOTE: CONTENTS MISSING WHEN VEHICLE RECOVERED
PERSON REPORTING-THOMAS MILLER
STAGED AT 2200 HOURS 01/03/97, MISSING AT 1800 HOURS 01/05/97
THEFT # 4 - TRUCK TRA CTOR CID Incident # 97.125
POLICE DEPARTMENT: SILVER SPRINGS P.o.
DATE OF THEf'T: JANUARY 9-11 1997 (THURSDAY, FRIDAY, SATURDAY)
LOCATION: SUNDAY TRUCKING
78 E. MAIN ST.
NEW KINGSTON, PA. 17072
VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: 01-20-97
LOCATION VEHICLE RECOVERED: PARAMIS NEW JERSEY
VALUE OF TRUCK TRACTOR: $96,000.00
DESCRIPTION: 1996 KENWORTH
CONVENTIONAL TRACTOR
MAROON
TRUCK NUMBER: 16609 IN SILVER ON FRONT END
VIN #: 1XKWD89X5TJ720567
PA. REG: AB68472
NOTE: VEHICLE RECOVERED CONNECTED TO THEFT # 5
PERSON REPORTING-JOHN RAUSCH
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THEFT # 5 . SEMI TRAILER CID Incident # 97-124
POLICE DEPARTMENT: SILVER SPRINGS P.D.
DATE OF THEFT: JANUARY 9-11, ~997 (THURSDAY, FRIDAY, SATURDAY)
LOCATION: THE CARLISLE TRAVEL PLAZA
7029 CARLISLE PIKE
VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: 01-20-97
LOCATION RECOVERED: PARAMIS, NEW JERSEY
VALUE OF TRAILER: $28,000.00
VALUE OF CARGO: $65,013.50
CONTENTS: 27,762 LBS OF HERSHEY CHOCOLATE PRODUCTS, BOTH
. DRY AND L!QUID
DESCRIPTION: 1993 TRAIL MOBILE
48' LONG SEMI TRAILER
REFRIGERATED TYPE
WHITE IN COLOR - WITH WORDS "LISA" IN RED
LETTERING ON THE SIDE AND AN OUTLINE OF TEXAS
ON THE BACK.
VIN #: 1PT01ANH8P9016746
OK. REG: 151-9BJ
NOTE: CONTENTS WERE FOUND MISSING WHEN VEHICLE RECOVERED
VEHICLE FOUND CONNECTED TO TRACTOR IN THEFT # 4.
PERSON REPORTING-RON VANDERMARK, DOB 06/26/641
RON THRONEBERRY
STAGED AT 1500 HOURS 01/09/97, MISSING AT 1100 HOURS 01/11/97
THEFT # 6 - SEMI TRAILER CID Incident # 97-051
POLICE DEPARTMENT: MIDDLESEX P.O.
DATE OF THEFT: JANUARY 15, 1 997 (WEDNESDAY)
OR 12-16-96 TO 12-26-96 (MONDAY TO THURSDAY)
LOCATION: ALL AMERICAN TRUCK PLAZA
1201 HARRISBURG PIKE
CARLISLE, PA. 17013
VEHICLE RECOVERED (Y/N):
LOCATION RECOVERED: NO
DATE RECOVERED:
VALUE OF TRAILER: $19,800.00
VALUE OF CARGO: $15,068.08
CARGO: RUBBERMAID PRODUCTS
DESCRIPTION: 1994 STOUGHTON
53 FOOT BOX TRAILER
TRAILER NUMBER: P32971
VI N #: 1 DW1 A5325RS887070
CA, REG: FT90276
PERSON REPORTING-DANIEL MYERS, SS# 546-84-6464, DOB 08/04/52
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THEFT # 15 - SEMI-TRAILER CIDJncident #: 97-537
POLICE DEPARTMENT: HAMPDEN TOWNSHIP P.D.
DATE OF THEFT: FRIDAY JULY 10, 1997 TO SATURDAY JULY 11, 1997
LOCATION: K,J. TRANSPORTATION
146 SALEM CHURCH RD.
MECHANICSBURG, PA.
VEHICLE RECOVERED: YES
DATE RECOVERED:
LOCATION RECOVERED: RICHFIELD, NEW JERSEY
VALUE OF TRAILER: $15,000.00.
DESCRIPTION:
CARGO; CEREAL ,
VALUE OF CARGO: $51,000.00 (REPLACEMENT VALUE)
PICKED UP BY: DOUG VARNER
THEFT # 16 - TRUCK TRACTOR & SEMI-TRAILER CID Incident#: 97.538
POLICE DEPARTMENT: HAMPDEN TOWNSHIP P.D.
DATE OF THEFT: FRIDAY JULY 11,1997 TO MONDAY JULY 14, 1997
LOCATION: NAPA TRANSPORTATION
,
.
)
A. TRUCK TRACTOR
VEHICLE RECOVERED: YES
DATE RECOVERED:
LOCATION RECOVERED: BRONX, NEW YORK
VALUE OF TRACTOR: . SEE BELOW
DESCRIPTION: 1994 FREIGHT LINER
WHITE
VIN #: 1 FUYDZYB9RH675614
PA, REG: AB34906
B. SEMI-TRAILER
VEHICLE RECOVERED: YES
DATE RECOVERED: JULY 15, 1997
LOCATION RECOVERED: BRONX, NEW YORK (EMPTY)
VALUE OF TRAILER: . BOTH TOGETHER APPROX. $75,000.00
DESCRIPTION: 1986 FREUHAUF (REFER UNIT)
WHITE
VI N #: 1 UYVS248XGC574112
PA. REG.: TY68478
CARGO: ADHESIVE TAPE
VALUE OF CARGO: $73,762.00
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THEFT#19TRUCK TRACTOR/SEMI-TRAILER --CID INCIDENT # 97-552
POLICE DEPARTMENT: HAMPDEN POLICE DEPARTMENT
DATE OF THEFT: JULY 16, 1997
LOCATION: JONES EXPRESS, 4800 E. TRINDLE ROAD, MECHANICSBURG,
PA 17055
TIME STAGED: TIME MISSING:
PERSON REPORTING: DAVID ZIMMERMAN
A. TRACTOR INFORMA TION
DESCRIPTJON; 1993 FREJGHTLlNER
DARK GREEN
VIN#
REG.
RECOVERED: YES
DATE RECOVERED:
WHERE RECOVERED: MASS,
VALUE OF TRACTOR: $42,000.00
C, ADDITIONAL INFORMA nON
SUSPECT JAMES BRITO, SS# 027-34-4123, DOB 03/21/45
SUSPECT CALLED THE DISPATCHER AND TOLD THEM HE HAD
DROPPED THE TRAILER OFF IN FRYSTOWN, AND WOULD DROP THE
TRACTOR IN MECH THE NEXT DAY. THE SUSPECT FAILED TO DROP OFF
TRACTOR. TRACTOR WAS RECOVERED IN MA WHERE THE SUSPECT
LIVES.
THEFT #20 SEMI- TRAILER --CID INCIDENT # 97-585
POLICE DEPARTMENT: SILVER SPRING TWP. POLICE DEPARTMENT
DATE OF THEFT: SUNDAY, AUGUST 3,1997
LOCATION: MARTEN TRUCKING
DROP LOT, 7038 CARLISLE PIKE,
MECHANICSBURG
TIME STAGED: 1600 HOURS, 8/2TIME MISSING: 1400 HOURS 8/3
PERSON REPORTING: Joseph Simon
A. SEMI- TRAILER INFORMA nON
DESCRIPTION: 1997 WABASH, WHITE WITH BLUE ACCENT '
LINES W/ A BLUE BIRD AT THE END
VIN # 1JJE532C9VL392108
REG. CA GT34981
YES
08/07/97
BRUSH STREET, THE BRONX, NY
HERSHEY'S CHOCOLATE
.$190,000
$60,000
RECOVERED:
DATE RECOVERED:
WHERE RECOVERED:
CARGO:
VALUE OF CARGO:
VALUE OF TRAILER:
II
,I Q Did any of this involve tmelor-tmiler thefts'!
! A As part (If my investigations, yes, there was
.
, J some segments on Iraelor-lrailer Ihefts,
; I Q During the course of your earl'Cr as a deleetive
, 5 at the Cumberland Counly Dislriel Allorney's Omce, have
5 you ever had Ihe pleasure of invesligating lruetor-trailer
7 Ihefts in Ihe Carlisle, Pennsylvania area'!
's A Yes, I did,
.: ~ Q Could you tell me when your investigation
I, J started, the lime frame that your investigation started'!
I A Which investigation'!
! 2 Q Just in genera' of -- for clarification, first
! 3 I'm going 10 slart Wilh general tractor-trailer thefts,
'14 My records -. excuse me while ..
5 MR, GIJDl1I.nIG: This is Sieve Gcduldig, In
6 fairness 10 Ihe delective, maybe you should clarify
I' 7 whether you're asking him to tell us the first time lie
8 ever investigated a tractor-trailer theft in the Carlisle
I 9 area or whether you're going to refer him to that summary
001'..
I MR, CARFAGNO: Yes that's what --thank you,
2 BY MR, CARFAGNO:
3 Q Right now I'm looking at a summary of
4 tractor-trailer thefts compiled by you, Do you recall
5 compiling that infonnation?
Page 7
A Yes,
2 Q And according to my records, the first theft
3 that you investigated was October 17th or 18th of 1996, is
4 that correct'!
5 A I believe that's when that theft Occurred, yes.
6 I came to the Auto Theft Unit for the District Attorney's
7 Officc in 1996, and that theft was one of the ones that We
8 investigated, That did OCcur on October 17th through 18th
9 of 1996,
o Q I was wondering, would you from October t 7th,
I 1996, to the present; would you have an estimate of how
2 many tractor-trailer thefts there have been in the
3 Carlisle, Pennsylvania area'!
4 A Hold On one second, I would say there was
5 approximately 32 thefts of both trailers and tractors that
,.6 were from Cumberland County during that time period from
,7 1996 to the present that I know about.
,8 Q Thank you, When there's -- when a trailer has
,9 been stolen with cargo, do you know where the contents go,
!O have you investigated that'!
!I A I mean each case is individual as far as where
!2 it goes, but most oftcn those vehicles arc stolen for the
!3eargo. As far as specifically whcre they go, part of that
,!4 I really can't go into as part of an ongoing
!5 investigation, but there's .. the cargo ill each case would
'age 6 - Page 9
Multi-!'agc '"
Page (j
I have 10 be somewhat unique, ,
2 Q (jenemlly speaking, is the cargo Sold on an:';
3 open market or .. slash -- hlaek market, 10 YOUr
4 knowledge'! f(
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5 MIl. GEDlJ/,DIG; I'm gOll1g 10 ohject, because iI, "
6 think we're calling fnr speculation, and alsnl'm suil,', '~
7 this gets into the dC/eetive's .. tbe very nature of his ,',I
8 investigation, I'll obviously defer to Attorney nirbcc~{f<
9 to object 10 any privilege and confidential stuff, but I'j."t:
\0 think we're getting into a lot of speculation now, ;,1~":
1 I MR, B/RBECK: I'll let you fellows know if you ,,'
12 cross the line; I'm not shy,
13 MR, Gi:Dl1I.DlG: 'l11Unks, John,
14 MR, CARFAGNO: Noting that objection,
15 BY MR, CARFAGNO:
16 Q Did you investigate a tractor-trailer theft
17 that occurred on January 22nd, 1997? It's from the Super
18 8 lIotcl, it's theft No, 7.
19 I think the summary I have may be slightly
20 differcntthan What you have, Give me a second to look
2 I through my notes here.
22 A Yes, sir, January 22nd, 1997.
23 Q Where Was that trailer stolen from'!
24 A It was stolen from Middlesex Township,
25 Pennsylvania, from the parking lot of the Super 8 Motel.
Page
1 Q During the course of your investigation, did
2 you ever speak to any employl'Cs from the Super 8 Molel?
3 A Yes, I did,
4 Q Could you tell me who they were?
5 A I don't know specifically, I'll have to look
6 through my notes a little bit to see if I could figure out
7 directly who it was, I believe I spoke with the clerk
8 from the Super 8, I..ct me see if I can find that in my
9 notes,
10 Q Okay, take your time,
I I A Gentleman, to set the slage while I'm looking
12 for this, You have to understand that the Middlesex
13 Township Police Department took the initial report, They
14 then forwarded a copy of their report Ill' to myself, and I
15 was looking into the overall problem of tractor-trailer
16 thefts, so I may not have doeul1,cnted summaries of every
17 interview that I ever did as a part of that, but I do know
18 that I spoke with a male party from the Super 8 and I
19 remember that he was working on a sign when I went out to
20 speak with him out in front of the building, I don't knolV
21 if I eao find his name right off the top of my head, I..ct
22 me see if I can look for it,
23 Q I'm just going to reqllestthat if you recall
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a. that you do
ploYCC meroUs
abOut nu
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, "d to him about.
;1JIke Do you recall
a'd'ng extra secu
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P I don't rcea .
^ Now this is !
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in tunc 'f'
au ever noli I
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arca about ongomg
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Q Now, the nc~
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7 lawsuit. .
A You're gom;
: specifically which
exactly which one
I the theft on Janu~
Q No. No, Sll
J MR. CARFA'
4 second?
S BY MR. CARFAGN'
Q
.
EXHIBIT C
15 17
Amorlcan, roughly? 1 A. Sho wouldn't go up that much, maybo
A. About a yoar. 2 $235, somothlng IIko thai.
Q, Old Iho All American havo a placo 3 a, That rato wao obvlouoly satisfactory
. for you to drop your trucks and 10 pick thorn up? 4 to you7
A- Oh, y... Thoy got big parking lots. 5 A. Voah.
a. Did you drop thorn and pick thorn up 6 a, Was It a fair roto?
In tho All Amorlcan parking lei? 7 A- Well, It was fair onough,
A- Ves. 8 a, 'rhat got you a room, correct?
a. Was th~ra n special soctlon thoro 9 A- Ves,
doslgnated for LG. Dowltt trucks? 10 a, With a kltehenolto?
A- No. 11 A- That's rlghl.
a. Park II anywhoro you want to? 12 a, Did you havo a FAX machlno In ther07
A- Anywhere you want to. They had 13 A- That's right.
security overnight. 14 a, Did you havo an 800 line In there?
a, At the All American? 15 A. No, arr.
A- Ves. 16 a. Old you have moro than ono phono
Q. What kind 01 security? 17 line?
A- Thoy had a security car that wont 18 A- No, sir, lust my regular phone.
around about overy 1 S, 20 minutes. 19 a, You used It not only as your place
a, All rlghl. Now, who did you arrango 20 of residence but also as the LG. Dewitt olllce?
to have the room at the Super 8 wlth7 Was that 21 A- That's rlghl.
Barbars Nelson? 22 a. Vou paid her on a weekly basls7
A- No, air. It was a different manager 23 A. Thst's right.
but I don't know who she was. 24 a. Vou were there Irom 1992 until
a. What kind of deal did you work oul 25 sometime In 1997 when Starky Sanders moved the
16
with Ihst other manager?
A- I had worked out where I pay every
week.
a. Do you remember how much It was?
A- I believe It was around $217. I'm
not sure. I believe that's what I "got on thero.
a. Yes, sir, on your statement?
A- Uh-huh.
a. Your statement says that It was
$217.30 a week?
A. Okay, that's close.
a. Was It $217.30 a week for all the
years that you were there?
A. No, she would go up and down. I
can't remember how much. That's what It was to
start with.
Q. All rlghl. So sometimes the rate
would go up?
A. Uh-huh, and the ones u sometimes
when the car shows were there, she would go up a
little bit and then she would come back down.
a. Sometime tho rate would go up wh~n
there was a high demand for Ihe rooms, right?
A. That's right.
Q, Like during tho cor show?
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
office to the Appalachian?
A- That's right. They got - they got
In somo trouble over thero with two of tho drivers
and they had to move.
a. Were you In North Carolina when that
trouble came up?
A. Yes, sir.
Q. Is that the trouble with some
1I9htln9 end maybe a gun being Involved?
A. Yes, sir.
Q. Where did the LG. Dewitt drivers
park their trucks while you were at the Super 8?
A. In their parking lot.
Q. Were you eble to see the trucks from
your room?
A. Yes, sir.
Q. Who parked the trucks?
A- The driver parked them when they
brought them In.
a. Old anybody from Super 8 have
anything to do with parking the trucks?
A. No, sir.
a. They didn't have - nobody from
Sup.r 8 had any keys to the truck?
A. No, sir.
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31
I
I
8
9
10
Jl
12
IJ
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15
:16,
II
18
19
20
21
22
23
14
2S
you report II to?
A- Barbara.
a. ,Bbrbara Neilan?
.
A- Uh-huh.
a. Old you report 1110 her thaI day?
A. YUII Ilr.
a. Whal did you Ion har7
A- Ilold har aomebody slolo ono of my
tranera oul of Ihe lot
a. Why did you len he,?
A- Wen, It was on her proparty, I had
10 len her becaule an the pollco oullhore.
Q. DId you toll her becauso you wanted
her to understand why thero wore so many pollco
around?
A. Yes, sir.
a. AI the Ume 11 was stolen, did you
Ihlnk It was Super 8's fault that 11 was slolon?
A- No, I don't think 11 was.
a. As you sit here today, do you think
It was Super 8's fault that that traner was
alolen?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17,
18
19
20
21
22
23
24
25
33
A. Yos, 31r, that was tho first time.
a. All rIght Now, allor Ihe day Ihal
that IIrsllranor was Ilolon, Dewlll kepI parking
tholr tractors and trallors In tho lot at tho
Supor 8, corroct?
A. Correct.
a. Old you do anything 10 lake any
additional precautions 10 keep your trollers from
being stolen, knowIng Ihat ono had already been
stolon and Ihat there was a problem In the are_?
A- Yes, sir, I did.
a. Whal did you do?
A. I kepi my Iraclor hooked 10 Iho ono
I had loaded. I'd have one loaded, I'd stay
hooked 10 11 wllh the Iractor. If I had two, I'd
block II In.
a. What else did you do to take
addlllonal precautions knowing thai one of your
trailers were stolen and there might be a problem
In the area?
A. I watched them more often at night.
I'd gel up more often.
a. Old you go to Super 8 at all and
telllhem Ihal you expeclod them 10 do anything
dlfferenl?
MR. CARFAGNO: I'm going to object
before he answers that ho's not an expert In - or
,
01 least 10 my knowledgo he hasn'l been qualified
I 32 1 34
as an expert In theft analysis but continue with A- No.
2 your answer. 2 a. Did you feel Ihat the parking lot
3 BY MR. GEDULDlG: 3 was adequalely lighted?
4 a. Contlnue with your answer. Go 4 A. Yes.
5 _haad. 5 a. At some time, did you have a
6 A- I don't think Ii's Super 8's faull. 6 discussion with someone. from Super 8 about maybe
7 a. Bobby, 01 some time did you learn 7 pulling some video cameras In the parking lol?
8 thai In the Carlisle area there were qulle a few 8 A- Yes.
9 tractor trollers being slolen? 9 a. Whose Idea was that?
10 A- That's what the pollee told me, sir. 10 A, That was mine. I told them they
11 a. Before Ihe police told you that, did 11 needed some out there.
11 you know thel? 12 a. Did Ihey oller to put the security
13 A- Na, sir. 13 cameras in the parking 10111 L.G. Dewlll would
11 a. Old Ihey lell you thai there were a 14 pay for them?
15 lot of, !)Iher tractor Iraller thells Ihat day when 15 A- No, II never gal thai far with
16 you reported it to them? 16 discussion.
17 A- He lold me Ihere had been a lot 01 17 a. Tell me about Ihe discussion?
18 them thai monlh. 18 A. I just told Barbara she needs
19 a. But when did he loll you Ihal? 19 security cameras out there. That was the end of
10 A- The police? 20 it.
21 a. Yes, sir. 21 a. That was after Ihe Iheft?
21 A- The morning they come over there. 22 A- Uh-huh.
23 a. That was the first time you knew 23 a, Before the second theft where you
24 that there mIght be a problem In Ihe area wllh 24 were In North Carolina?
25 traclor trailer thells? 25 A. Yeah, I was In North Carolina.
.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was
served by depositing the same in the United Stales Mail, postage prepaid, at Haddon
Heights, New Jersey, on the 1Jday of July, 2000, on all counsel of record as follows:
Steven Geduldig, Esquire
Thomas, Thomas & Hafer, LLP
305 North Front Street
PO Box 999
Harrisburg, Pennsylvania 17108
Attorneys for Defendant
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STUART, CLARK & WELLS, P.C.
BY: JAMES P. CARFAGNO, ESQUIRE
ID#: 82960
The Lewis Tower Building
225 South 15th Street, 27th Floor
Philadelphia, PA 19102
ATTORNEY FOR PLAINTIFF
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CERTAIN UNDERWRITERS AT: COURT OF COMMON PLEAS
LLOYDS OF LONDON as
subrogee of L.G. DEWITT CUMBERLAND COUNTY, PENNSYLVANIA
TRUCKING COMPANY, INC.
CIVIL ACTION
Plaintiff
NO. 98-4306-CV
vs
PLAINTIFF'S RESPONSE TO DEFENDANTS'
PLEASANT INNS and SUPER 8: MOTION FOR SUMMARY JUDGMENT
MOTELS
Defendant
AND NOW, come Plaintiffs, Certain Underwriters at L10yds of London as
subrogee of L.G. DeWitt Trucking Company, Inc. by and through their counsel, Stuart,
Clark & Wells, P.C. and respond to Defendants Motion for Summary Judgment as
, . ,
follows:
RESPONSE TO DEFENDANT'S STATEMENT OF FACTS
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. Plaintiff's have brought a general
negligence theory of liability for negligence for failure to warn of prior criminal activity,
for failure to warn of a suspicious individual on the premises on July 30,1997, breach of
know that numerous thefts occurred in the Carlisle area. (See The Deposition
Transcript of Bobby Lefler, page 32 line 6 through line 13, attached hereto as Exhibit
C), Based upon this statement it would be readily apparent that Mr. Lefler did not know
of the trailer theft that occurred at the Defendants' motel in January of 1997.
After discovering that the L.G. DeWitt trailers were at risk of theft Bobby Lefler
began to take extra precautions to prevent a subsequent theft. (See Page 33 Line 7
through Line 25 of Exhibit C).
It is undisputed that L.G. DeWitt paid the Defendants' approximately $217.00 a
week to stay at the Defendants' Motel. This would cause any and all L.G. DeWitt
personnel to qualify as a business invitee of the Defendant. (See Page 16 Line 9
through 16 of Exhibit C).
II. LEGAL ARGUMENT
POINT I
THE DEFENDANTS HAD A DUTY TO WARN PLAINTtFF'S SUBROGOR
OF THE PREVIOUS THEFT THAT OCCURRED IN JANUARY OF 1997.
THE FAILURE TO DO SO PREVENTED PLAINTIFF'S SUBROGOR
FROM :,1AV'NG FUI.L KNOWLEQGE OF THE RISKS AND
CIRCUMSTANCES SURROUNDING THE PARKING LOT:
The law of the Commonwealth of Pennsylvania is well established that a person
that is on the land of another falls into one of three categories: trespasser, licensee, or
invitee. Jones v, Three Rivers Manaaement. COrD., 394 A.2d 546, 483 Pa. 75 (1978).
A land owner owes a business invitee the duty of exercising reasonable care to
discover the negligent acts or the likelihood of negligent acts by third persons and to
warn or otherwise protect business invitees. Glass v. Freeman, 240 A.2d 825, 430 Pa.
21 (1968).
See The Deposition of Detective John Sancenito, page 8 line 16 through 25, attached
hereto as Exhibit B).
In addition it is uncontested that the Plaintiff's subrogor did not know of the fact
that the theft of January of 1997 occurred. (See The Deposition Transcript of Bobby
Lefler, page 32 line 6 through line 13, attached hereto as Exhibit C), Once Plaintiff's
subrogor learned of the fact that a theft occurred they began to take extra precautions.
(See Page 33 Line 7 through Line 25 of Exhibit C).
POINT II
SUMMARY JUDGMENT IS INAPPROPRIATE AS THERE IS A
GENUINE ISSUE OF MATERIAL FACT.
A Motion for Summary Judgment may be granted if the pleadings, depositions,
Answers to Interrogatories, admissions on file, together with Affidavits, if any, show that
there is no genuine issue as to any material facts and the moving party is entitled to
Summary Judgment as a matter of law, Pa. RCP 1035 (b). In deciding a Motion for
Summary Judgment, the Court must examine the record in a light most favorable to the
non-moving party. Mariscoti v. Tineri, 33 Pa. Super 599,585 A.2d. 56 (1984), Tavlor v.
. . . . . .
Tukanowicz, 290 Pa. Super. 581, 485A2d.181 (1981),
In this case a Motion for Summary Judgment is inappropriate. This is based
upon the fact that it is uncontradicted that the Plaintiff's subrogor was a business invitee
of the defendant. In addition, Plaintiff's subrogor was not warned of the fact that a theft
of a trailer occurred on the parking lot in January of 1997. This coupled with the fact'
that Plaintiff's subrogor took extra precautions after they learned that thefts occurred in
the lot creates a genuine issue of material fact for a jury that the failure to warn of the
previous theft was a proximate cause of the theft in question.
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THEFT # 1 . SEMI TRAILER CIO Incident # 97.128
TYPE: TRAILER THEFT
POLICE DEPARTMENT: HAMPDEN TOWNSHIP
DATE OF THEFT: OCTOBER 17 -18,1996 (THURSDAY AND FRIDAY)
LOCATION: EXEL LOGISTICS
420 SALEM CHURCH RD.
MECHANICSBURG, PA.
VEHICLE RECOVERED (Y/N): NO
DATE RECOVERED: N/A ,
LOCATION VEHICLE RECOVERED:
VALUE OF TRAILER: $ 21,000.00
VALUE OF CARGO: $260,000.00
CARGO: 30,000 LBS OF VARIOUS PHARMACEUTICAL PRODUCTS
DESCRIPTION: 1996 MONON
DRY BOX TRAILER
WHITE
48' LONG, 102 WIDTH
EXCEL TR #: 8262 (LOCATED IN FRONT LEFT CORNER)
VIN #: 1 NNVA4825TM272462
MAINE REG.: Z29-342
STAGED AT 1100 HOURS 10/17/96, MISSING AT 0718 HOURS 10/18/96
PERSON REPORTED IT MISSING-STEVE SMITH/FLEET MANAGER
THEFT # 2 - TWO SEMI TRAILER'S CIO Incident # 97-126
POLICE DEPARTMENT: MIDDLESEX TOWNSHIP P.D. '
DATE OF THEFT: OCTOBER 28, 1996 (MONDAY)
LOCATION: ALL AMERICAN TRUCK PLAZA
1201 HARRISBURG PIKE
CARLISLE, PA. 17013
A. VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: WITHIN TWO-THREE DAYS OF THEFT
LOCATION VEHICLE RECOVERED: CHAMBERS BURG
VALUE OF TRAILER: $ 20,000.00
VALUE OF CARGO: $250,000.00
CARGO: CLOTHING (SOME CHILD'S CLOTHING)
DESCRIPTION: 1989 FRUEHAUF
48' DRY BOX TRAILER
BLACK IN COLOR, OUTLINE OF WINGS (WITH
THE LETTER S IN THE MIDDLE) ON BACK
SMITH TRANSPORT TRAILER - FOR ROSS DIST.
MAINE REG. M46941
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B. VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: WITHIN TWO-THREE DAYS OF THEFT
LOCATION VEHICLE RECOVERED: JEST, MARYLAND
VALUE OF TRAILER: $ 20,000.00
VALUE OF CARGO: $250,000.00
CARGO: CLOTHING (SOME CHILD'S CLOTHING)
PERSON REPORTING-JOHN TIPPERY, SS# 199-62-5156, DOB 03/06/68
THEFT # 3 - SEMI TRAILER CID Incident # 97-040
POLICE DEPARTMENT: SILVER SPRINGS P.D.
DATE OF THEFT: JANUARY 3-51997 (FRIDAY. SATURDAY. SUNDAY)
LOCATION: SUNDAY TRUCKING
. 78 E'. MAIN ST. '
NEW K'INGSTON, PA. 17072
VEHICLE RECOVERED (Y/N): Y
DATE RECOVERED: 01-06-97
LOCATION VEHICLE RECOVERED: PHILADELPHIA AREA
VALUE OF TRAILER: $40,000.00
VALUE OF CARGO: $33,600.00
CARGO: 39,600 LBS OF PONDEROSA CHICKEN WINGS
DESCRIPTION: 1991 UTILITY SEMI TRAILER
WHITE, WITH SILVER REAR DOORS
RED NUMBERS ON LEFT FRONT (519)
REFRIGERATED UNIT
VIN #: 1UYVS2480MM576201
PA. REG: AB54005
NOTE: CONTENTS MISSING WHEN VEHICLE RECOVERED
PERSON REPORTING-THOMAS MILLER
STAGED AT 2200 HOURS 01/03/97, MISSING AT 1800 HOURS 01/05/97
THEFT # 4 - TRUCK TRACTOR CID Incident # 97-125
POLICE DEPARTMENT: SILVER SPRINGS P.O.
DATE OF THEFT: JANUARY 9-111997 (THURSDAY. FRIDAY. SATURDAY)
LOCATION: SUNDAY TRUCKING
78 E. MAIN ST.
NEW KINGSTON, PA. 17072
VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: 01-20-97
LOCATION VEHICLE RECOVERED: PARAMIS NEW JERSEY
VALUE OF TRUCK TRACTOR: $96,000.00
DESCRIPTION: 1996 KENWORTH
CONVENTIONAL TRACTOR
MAROON
TRUCK NUMBER: 16609 IN SILVER ON FRONT END
VIN #: 1XKWD89X5TJ720567
PA. REG: AB68472
NOTE: VEHICLE RECOVERED CONNECTED TO THEFT # 5
PERSON REPORTING-JOHN RAUSCH
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THEFT # 5 - SEMI TRAILER CID Incident # 97-124
POLICE DEPARTMENT: SILVER SPRINGS P.D.
DATE OF THEFT: JANUARY 9-11,1997 (THURSDAY, FRIDAY, SATURDAY)
LOCATION: THE CARLISLE TRAVEL PLAZA
7029 CARLISLE PIKE
VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: 01-20-97
LOCATION RECOVERED: PARAMIS, NEW JERSEY
VALUE OF TRAILER: $28,000.00
VALUE OF CARGO: $65,013.50
CONTENTS: 27,762 LBS OF HERSHEY CHOCOLATE PRODUCTS, BOTH
.DRY AND LIQUID ,
DESCRIPTION: 1993 TRAIL MOBILE
48' LONG SEMI TRAILER
REFRIGERATED TYPE
WHITE IN COLOR - WITH WORDS "LISA" IN RED
LETTERING ON THE SIDE AND AN OUTLINE OF TEXAS
ON THE BACK.
VIN #: 1PT01ANH8P9016746
OK. REG: 151-9BJ
NOTE: CONTENTS WERE FOUND MISSING WHEN VEHICLE RECOVERED
VEHICLE FOUND CONNECTED TO TRACTOR IN THEFT # 4.
PERSON REPORTING-RON VANDERMARK, DOB 06/26/64/
RON THRONEB'ERRY
STAGED AT 1500 HOURS 01/09/97, MISSING AT 1100 HOURS 01/11/97
THEFT # 6 - SEMI TRAILER C/O Incident # 97-051
POLICE DEPARTMENT: MIDDLESEX P.o.
DATE OF THEFT: JANUARY 15,1997 (WEDNESDAY)
OR 12-16-96 TO 12-26-96 (MONDAY TO THURSDAY)
LOCATION: ALL AMERICAN TRUCK PLAZA
1201 HARRISBURG PIKE
CARLISLE, PA. 17013
VEHICLE RECOVERED (Y/N):
LOCATION RECOVERED: NO
DATE RECOVERED:
VALUE OF TRAILER: $19,800.00
VALUE OF CARGO: $15,068.08
CARGO: RUBBERMAID PRODUCTS
DESCRIPTION: 1994 STOUGHTON
53 FOOT BOX TRAILER
TRAILER NUMBER: P32971
VIN #: 1DW1A5325RS887070
CA. REG: FT90276
PERSON REPORTING-DANIEL MYERS, SS# 546-84-6464, DOB 08/04/52
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THEFT # 9 - SEMI TRAILER CID Incident # 97-127
POLICE DEPARTMENT: SILVER SPRING P.D.
DATE OF THEFT: JANUARY 27-28,1997 (MONDAY, TUESDAY)
LOCATION: REAR OF THE HESS GAS STATION
CARLISLE PIKE AT RIDGE HILL RD.
DROP OFF LOT
VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: 01-31-97
LOCATION RECOVERED: ENGLEWOOD NEW JERSEY
VALUE OF TRAILER: $21,000.00
VALUE OF CARGO: $90,000.00 (ESTIMATED)
CARGO: 42,833 LBS OF HERSHEY CHOCOLATE - LIQUID AND SOLID
DESCRIPTION: . 1991 UTILITY TRAILER . ,
. 48' BOX TYPE
REFRIGERATED
WHITE, WITH LISA MOTOR ON SIDES AND REAR IN RED
LETTERING
TRAILER #: 2717BB
OK. REG: 2717BB
NOTE: RECOVERED ATTACHED TO THEFT # 10
TRAILER FOUND EMPTY
PERSON REPORTING-MARK RHEA
THEFT # 10 - TRUCK TRACTOR CID Incident # 97-123
POLICE DEPARTMENT: HAMPDEN TOWNSHIP p.o.
DATE OF THEFT: JANUARY 29,1997 (WEDNESDAY)
LOCATION: NAPA TRANSPORTATION INC.
6366 BASHORE RD.
MECHANICSBURG, PA. 17055
VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: 01-31.97
LOCATION RECOVERED: ENGLEWOOD NEW JERSEY
VALUE OF TRUCK TRACTOR: $35,000.00
DESCRIPTION: 1993 FREIGHTLlNER
TRUCK TRACTOR
WHITE, NAPA TRANSPORTATION INC. IN RED LETTERS
TRUCK #: 417
CB HANDLE "PORKY" ON TRUCK
VIN #: 1NNVA4825TM272462
PA. REG: AB-68351
NOTE: RECOVERED CONNECTED TO TRAILER STOLEN IN THEFT # 09
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THEFT # 11 . SEMI TRAILER CID Incident # 97-143
POLICE DEPARTMENT: MIDDLESEX TWP. P.D.
DATE OF THEFT: FEBRUARY 3-10,1997 (MONDAY TO MONDAY)
LOCATION: SWIFT TRANSPORT
1076 HARRISBURG PIKE
VEHICLE RECOVERED (Y/N): NO
DATE RECOVERED:
LOCA TJON RECOVERED:
VALUE OF TRAILER: $4,500.00
VALUE OF CARGO: NONE
CARGO: NONE
DESCRIPTION: 1984, TRAILMOBILE
48' BOX TRAILER '
NUMBER 4807 IN THE UPPER CORNERS.
"SPECIALTY" BOTH SIDES IN BLACK LETTERS.
VIN: 1PT021V\H2E9001013
REG: T-252WV(N.J.)
PERSON REPORTING-WILLIAM MC GEE, SS# 195-58-2161, DOB10/21/62
THEFT # 12 - SEMI TRAILER CID Incident # 97-152
POLICE DEPARTMENT: MIDDLESEX TWP. P.D.
DATE OF THEFT: FEBRUARY 11-16,1997 (TUESDAY TO SUNDAY)
LOCATION: FLYING J TRUCK PLAZA
1501 HARRISBURG PIKE
CARLISLE, PA. 17013
VEHICLE RECOVERED (Y/N): YES
DATE RECOVERED: 03-07-97
LOCATION RECOVERED: WASHINGTON D.C.
VALUE OF TRAILER: $7,500.00
VALUE OF CARGO: N/A
CARGO: NONE
DESCRIPTION:, 1987 FRUEHAUF
BOX TYPE TRAILER
NUMBER 5100 ON LEFT FRONT CORNER AND ON LEFT
REAR DOOR ON THE TOP
VIN: 1H2V04826HH005100
REG: 17349U (NY)
PERSON REPORTING-BRIAN WOOD
7
,
" .
;
-,
.,:\I~:.".
~J
THEFT # 13. TRUCK TRACTOR CID Incident # 97-292
POLICE DEPARTMENT: MECHANICSBURG P.D.
DATE OF THEFT: APRIL 9,1997 (WEDNESDAY)
LOCATION: PARKING LOT OF CRAIG TRANSPORTATION
300 HEINZ RD.
VEHICLE RECOVERED (Y/N): Y
DATE RECOVERED: 04-10-97
LOCATION RECOVERED: BERGEN COUNTY N.J. (FAIRVIEW P.o.)
VALUE OF TRACTOR: $75,000.00
DESCRIPTION: 1996 MACK TRUCK TRACTOR
CONVERSION
WH)TE .
PA REG: AA55624 .
VIN 1M1AA12Y5TW063316
NOTE: FOUND CONNECTED TO TRAILER FROM THEFT NUMBER 14
PERSON REPORTING-DALE WERT, SS# 209-28-8611, DOB 02/12/36
STAGED AT 2000 HOURS 04/08/97, MISSING AT 0030 HOURS 04/09/97
THEFT # 14 - SEMI TRAILER CID Incident # 97-293
POLICE DEPARTMENT: SILVER SPRINGS
DATE OF THEFT: APRIL 8-9,1997 (TUESDAY, WEDNESDAY)
LOCATION: HERSHEY FOODS WAREHOUSE
DOUGHTEN RD.
NEW KINGSTOWN
VEHICLE RECOVERED (Y/N): Y
DATE RECOVERED: 04-10-97
LOCATION RECOVERED: BERGEN COUNTY N.J. \FAIRVIEW P.o.) .
VALUE OF TRAILER: $10,000.00.
DESCRIPTION: 1993 GREAT DANE SEMI TRAILER
REFRIGERATED TYPE
WHITE IN COLOR
WORDS "SPINNAKER INC." ON SIDES AND REAR DOORS
UNIT # 4833R
CARGO: 16,000 CASES OF HERSHEY CANDY (LICORICE)
VALUE OF CARGO: $30,000.00.
NOTE: FOUND CONNECTED TO TRUCK TRACTOR FROM THEFT # 13
.
" .
lIlN JAMES SANCENITO
CTOBER II, 1999
Multi-Page'"
Page ()
Q Did any of this involve tractor-trailer Ihens'!
~ ^ A!i'part of my investigations. yes, there was
J some segments on traetor-lrailer thefts,
I Q During the course of your earl'er liS II detective
5 III the Cumberland County District Allorney's Ornee, have
5 you ever had the pleasure of investigating traetor.trailer
7 thefts in the Carlisle, Pennsylvania area"
3 A Yes, I did,
~ Q Could you tell me when your investigation
J slarted, the time frame thai your investigation sturted"
I A Which invesligation?
2 Q Just in general of -- for clarification, first
3 I'm going to start with general tractor-trailer thefts,
4 My records .. excuse me while n
5 MR. GEDULDlG: This is Steve Geduldig. In
6faimess to Ihe detective, maybe you should clarify
7 whelher you're asking him to tell us Ihe first time he
8 ever investigated a traetor-lrailer thefl in the Carlisle
9 area or whelher you're going to refer him to thaI summary
o of--
I MR. CARFAGNO: Yes that's what n thank you,
2 nY MR. CARFAGNO:
3 Q Right now I'm looking at a summary of
4 tractor-trailer thefts compiled by you, Do you recall
5 compiling Ihat infonoalion?
Page 7
A Yes.
2 Q And according to my records, Ihe lirsltheft
3 that you investigaled was October 171h or 18th of 1996, is
4 thaI correel?
5 A I believe thaI's when Ihat theft occurred, yes.
6 I came 10 the Auto Thefl Unit for the District Allomey's
7 Officc in 1996, and thallheft was one of the ones that we
8 investigated. ThaI did occur on Oelober 17th Ihrough 18th
9 of 1996,
o Q I was wondering, would you from October 171h,
I 1996, to the presenl', would you have an estimate of how
2 many tractor-trailer thefts there have been in the
3 Carlisle, Pennsylvania area?
4 A Hold on one second, I would say there was
,5 approximately 32 thefts of both trailers and tractors that
,6 were from Cumberland County during thaI time period from
,7 1996 10 the presenllhall know about.
,8 Q Thank YOl,I. When Ihere' s .. when a trailer has
,9 been slolen with cargo, do you know where the conlents go,
!O have you investigated that?
!1 A I mean each case is individual as far as where
!2 il gocs, bUI mosl often those vehicles arc stolen for Ihe
!J cargo, As far as specifically where they go, part of that
!4 I really can't go into as part of an ongoing
!S investigation, bUllhcrc's .. the cargo in each case would
'age 6 - Page 9
I have to he somewhat unique.
2 Q Generally speaking, is the cargo sold on an'
3 open market or n slash n hlaek market, to YOur '
4 knowledge? '
5 MR, GEDIII.DIG: I'm going to object, because I
(, Ihink we're calling for spceulation, and also I'm su~
7 this gets into the deteclive's .. the very nature of his'
8 investigation, ('II obviously defer to Allomey Dir~k. ,{
9 10 object to any privilege and eonlidential stuff, but IV.'~Y,
10 think we're gelling into a lot of speculation now. ;:;;>,
II MR, D1RUECK: I'll let you fellows know if you 'A:
12 cross Ihe line; I'm not shy.
13 MR, GEDULDlG: TIlanks, John,
14 MR. CARFAGNO: Noting thaI objection,
15 UY MR. CARFAGNO:
16 Q Did you inve~tigate a traelor-trailer theft
17 that occurred on January 22nd, 1997'1 It's from the SUpct
18 8 1I0tel, it's theft No, 7.
19 I think Ihe summary I have may be slightly
20 different than whal you have, Give me a second to look
21 Ihrough my noles here,
22 A Yes, sir, January 22nd, 1997.
23 Q Where was thaI trailer slolen from?
24 A II was slolen from Middlesex Township,
25 Pennsylvania, from Ihe parking 101 of Ihe Supcr 8 Motel.
--
" ~'sure, I can do
. ^ NoW, during ~
j Q,oYCC thaI you d
. P .bOut numeroU!
, I don't recall
: :Cd to him about
" Q Do YOll rccal
, viding cxtra scel
pro I don' I recall
^ . .
Q NoW, tillS IS
. '_ from inves1
IIPuuW 'f
YOU ever noU
2 havc .
, area about ongomg
I 1 didn't.- n'
4 ^
I Q Now, ~he nc
6 about is deahng w
1 lawsuit .
A You're gOll
I pccifically whict
95 .
, e~aetly whIch one
I il'c theft on J anu~
Q No. No, SI
l MR. CARF}
4 second?
S DY MR, CARFAm
Page
I Q It's incidc
I Q During Ihe course of your investigation, did
2 you ever spcak to any employees from Ihe Super 8 Motel? 1 July 31st, 1997.
3 A Yes,l did, J A Yes, I'm,
4 Q Could you leU me who they were? 4 Q Page 12?
.S A l'ms01'J)l
5 A I don'l know specifically. I'll have to look
6 through my notes a liule bil to see if I could figure oul 6 Q Is it page
7 A It's actua
7 directly who il was, I believe I spoke with the clerk .8 back and added'
8 from the Supcr 8, leI me see if I can find thaI in my
9 notes, '9 you have.
10 10 Q Couldyr
II Q Okay, lake your time, II A . ThatthC'!
A Genlleman, 10 sellhe stage while I'm looking, .
12 for Ihis, You have to undersland thallhe Middlesex 1l fronl ofthcP~"
13 Township Police Dcpartmenltook the initial report, They 13 Q WhoWai
14 then fOlwarded a copy of their report up to myself, and I 14 AHold~%
15 was looking inlo Ihe overall problem of tractor-trailer IS police dcp~.~;'
16 local police de'
J 6 Ihefts, so I may not have documented summaries of every, ., .":"
17, .. I can ,,?I:;
17 interview thaI I ever did as a part of that, bull do know 18. Middlcscx;rof
18 that I spoke with a male party from the Super 8.and I i9it'saBClb.UW
19 remember Ihal he was working on a sign when I went out to. . . . .,.,.i.
20 Q'DidY9::
~~ :f~:~:~~~dh~:~ ~~~: ;;;~tl::r tt~l~ ~~~l~~;y Ih~~~~t :::r 21. invesiigaW)~m
22 me see if ( can look for it. .' 22..'A./l.gai~;il
23 I,.' h 'f II lJ Ycs;ldld);,:,:!:\
Q m Jusl gOIng to request I all you reea ., .'....'.d."'.",.
24 I k' 1 'f ' , ... lh"Q,Ari :C;I
w 10 you spo e Wit I, I you at any pOll1tll1tlme you Just .... ".'... ,.:.f1'..."7"<.'"
, 2SMrLc cr.;.;
25 amend your answers accordlllgly. ' ,,,'-' ," "",d.',~
HUGHES, ALBRIGHT, F<?LTZ & NA'fAL~179Jl~~J~ll
717-540-0220\717-393-5101.,... """'.,'H
..... ~i~"i,\:i;iY~:~\~~
..........,t
,~;' ,,~.,: ,:: '-',,-,,;,- ;~,)',,'~_.;--:;.::,';/-~::l::i"f':"
" ' :. ", '."~-~:.-...:-.....:..___u.. __" ~-;---;-~,~::-:-
.
EXHIBIT C
I;'
'01 ,
15 17
"{U'norlcan, roughly? 1 A- Sho wouldn't go up that much, maybo
A. About at yoar. 2 $235. something lIke that.
, Old Iho All Amorlcon hovo 0 placo 3 a. Thot rato wo. obviously .0Usfoctory
a,
lor you 10 drop your truck. ond 10 pick Ihom up7 4 10 you?
A. Oh, yo.. Thoy got big parking lols. 5 A. Voah.
a, Old you drop Ihom and pick Ihom up 6 a, Wo. It a folr roto?
In Iho All American porklng lol? 7 A. WolI, It wos lolr onough.
A. Ves. 8 a. That got you a room, corroct?
a. Was thoro a spoclal section thoro 9 A. Vos.
doslgnalod lor LG. Dowllllrucks? 10 a. With a kltchonollo?
A. No. 11 A- Thal'a rlghL
a. Park II anywhere you wanllo? 12 a. Old you havo a FAX machine In Ihere?
A. Anywhore you wanllo. They had 13 A. That's rlghL
.ecurlty overnlghL 14 a. Old you have an BOO line In thoro?
a. AI tho All American? 15 A. No, sir.
A. Yes. 16 a. Old you havo more Ihan one phono
a, Whal klnd of socuilly? 1'7 line?
A. Thoy had a securlly car Ihal wenl 18 A. No, sir, jusl my regular phone.
around about every 15, 20 mlnutos. 19 a. You used It not only as your placo
a. All rlghL Now, who did you arrango 20 of resldenco bul also a. tho LG. Dewlll offlca?
10 havo tho room 01 tho Supor 8 with? Was Ihal 21 A. Thai's rlghL
Barbara Nelson? 22 a. You paid her on a woekly basis?
A. No, sir. It was a different manager 23 A. ThaI'S rlghL
but I don't know who she was. 24 a. You were there Irom 1992 until
a. What kind 01 deal did you work out 25 sometlmo In 1997 when Starky Sanders movod tho
16
with that other manager?
A. I had worked oul whero r pay overy
week.
a. 00 you remember how much It was?
A- I believe II was oround $217. I'm
not sure. I believe that's 'what I 'got on there.
a, Yes, sir, on your stBt~ment7
A. Uh-huh.
a. Your statement says that It was
$217.30 0 week?
A. Okay, thai's close.
a. Was It $217.30 a week lor oil the
year. Ihat you were there?
A. No, she would go up ond down.
eanlt remember how much. That's what It was to
start with.
a. All rlghL So sometimes Ihe rale
would go up?
A. Uh~huhl and the ones .. sometimes
when the car shows were there, she would go up a
1It1le bll ond Ihen she would come back down.
a, Sometime the rato would go up when
there was a high demand for the rooms, right?
A, Thai's rl9hl.
a, Like during the cor show?
18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
olfico 10 the Appalachian?
A. That's rlghL Thoy gol - they got
In somo trouble oyer there with two of the drivers
and they had 10 move.
a. Were you In North Cerollna when thot
trouble came up?
A. Ves, sir.
a. Is thaI the trouble with some
fighllng ond maybe a gun being Involved?
A. Yes, sir.
a. Where did the LG. Oowlll driver.
park Ihelr truck. while you were at.the Super.8?
A. In their parking 10L
a. Were you oble to .ee the trucks
your room?
A. Yes, sir.
a. Who parked tho trucks?
A. The driver parkod them when
broughl them In.
a. Old anybody Irom Super
anything 10 do wllh parking the truck.?
A. No, sir.
a, They dldn'l have ..
Super B had any keys to the Iruck?
A. No, sir.
you ropo~ l; b'?
Po. . . Barbara.
,
a. Ilarbara Nelson?
A- Uh.huh.
a. Old you reporllllO her Ihal day?
A. Yos, Ilr.
a. Whal did you loll her?
A- Ilold hor somobody stolo ono 01 my
tralle.. oul ollhe 101.
a. Why did you lell har?
A- Well, II was on her property, I had
to lell her be.ause alllho pollco oullhere.
a. Old you toll hor because you wanted
her to understand why thore wore so many pOllCD
around?
A. Yes, sir.
a. AI tho tlmo II was stolon, did you
think II was Super 8's laull thai It was slolen?
A- No, I don'l think II was.
a. As you sit horo loday, do you Ihlnk
It was Super Bts fault that that trailer was
stolon?
MR. CARFAGNO: I'm going 10 oblecl
bofore ho answers that hots not an expert In - or
,
alleasllO my knowledge he hasn't been qualified
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17,
18
19
20
21
22
23
24
25
33
A. Yos, sir, that was tho flrlit tlma.
O. All right Now, alter tho day that
that first troller was &tolon, Dowtlt kopt parking
tholr tractors and trallors In tho lot at tho
Supor 8, correct?
A- Correct.
a, Old you do anything to lake any
additional procautlons 10 keop your Irallers Irom
bclng stolen, knowing that onc had already been
stolen and Ihatlhere was a problem In tho area?
A- Yos, sir, I did.
O. What did you do?
A- I kept my tractor hookod 10 tho one
I had loaded. I'd have ono loaded, I'd stay
hooked to II wllh Ihe Iractor. III had two, I'd
block II In.
a. What olse did you d? I? tako
additional precautions knowing that one 01 your
trailers wero stolon and Ihoro might bo a problem
In the area?
A- I watched Ihem more ctten al night
I'd gel up more oflen.
a. Old you go 10 Super 8 et all and
lell them that you expoctod thorn to do anything
different?
. ..
32 1 34
1 IS an expert In theft analysis but continue with A- No.
2 your answer. 2 a. Old you leel thai the parklng lot
3 BY MR. GEDULDIG: 3 was adequately IIghled?
I a. Continue with your answer. Go 4 A- Yes.
S ahead. 5 a, At some tlme, did you have a
6 A- I don'llhlnk Ii's Super 8's lault. ,6 discussion wllh somoono,lrom Super 8 about maybe
7 a. Bobby, at some time did you loarn 7 pulling some video .ameras In the parking lol?
8 that In the Carlisle area Ihere were qulle a lew 8 A- Ves.
9 tractor trailers bolng stolen? 9 a. Whose Idea was Ihat?
10 A- Thai'S whalthe pollco laid me, sir. 10 A- Thai was mine. I laid them thoy
11 a. Beloro tho pollee lold you that, did 11 needed some out there.
12 you know that? 12 a, Did Ihoy oller 10 pullho socurlty
13 A- NOI sir. 13 cameras In Ihe parking loll/ LG. Dewitt would
14 a. Old they tell you Ihatlhero were a 14 pay lor them?
15 lot 01 othor Iractor Iraller thells that day when 15 A- No, II never got Ihal lar with
16 you reported It 10 them? 16 discussion.
17 A- He laid me Ihere had been a lot of 17 a. Tell me aboullhe dlseusslon?
18 them Ihat month. 18 A- Ilustlold Barbara she needs
19 a. But when did he lell you thai? 19 security camera$ out there. That was the end of
20 A. The police? 20 II.
21 a. Yes, str. 21 a. That was aller Iho thell?
22 A. The morning they come over there. 22 A- Uh.huh.
23 a. That was the first time you know 23 a. Before the second theft where you
24 ,
thallhoro might be a problem In Ihe area with 24 were In North Carolina?
25 tra.tor Iraller Ihells? 25 A. Veaht'l was In North Carolina.
,
MAILING ClmTIFICATlON
I, Elizabelh A. Policclla, of full age, hereby certify as follows:
I Hln cmployed by Ian Stuart, Esquire, counsel for thc I'laintin~ and on Novcmberc75 ' 1998, I
mailed a copy of: Reply to Defendants' New Matter by regular mail to the following:
Stephen E. GeduJdig. Esquire
THOMAS, THOMAS & HAFER, LLI'
305 North Front Street, Sixth Floor
P.O. Box 999
Harrisburg, I' A 17 I 08
I certify that the foregoing statements made by me are true. I am aware that if any of the
foregoing statements made by me are willfully false, I am subject to punishment.
DATED: ilI2~lq~
Y)liFO~il~
ELlZAB TH A. POL/CELLA, Secretary
CERTAIN UNDERWRITERS AT
LLOYDS OF LONDON as
subrogee of L.G. DEWITT
TRUCKING COMPANY, INC.,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 98-4306 Civil
PLEASANTS INNS and SUPER 8
MOTEL,
Defendants
CERTIFICATE
PREREQUISITE TO SERVICE OFA SUBPOENA
. PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule
4009.22, Defendant certifies that:
1. A Notice of Intent to Serve A Subpoena with a copy of the subpoena attached thereto
was mailed or delivered to each party at least twenty days prior to the day on which
the subpoena was 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 the Notice of Intent to Serve A Subpoena.
THOMAS, THOMAS & HAFER, UP
~ r;?
"
STEPHEN E. GEDULDIG, ESQUIRE
305 NORTH FRONT STREET. 6TH flOOR
HARRISBURG, PA 17108
(717) 237-7119
ATTORNEY FOR DEFENDANT
Date: / l-dS= frY
'~'
\
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CERTAIN UNDERWRITERS AT
LLOYDS OF LONDON as
subrogee of L.G. DEWITT
TRUCKING COMPANY, INC.,
Plaintiffs
v.
No. 98-4306 Civil
PLEASANTS INNS and SUPER 8
MOTEL,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009,22
TO: Middlesex Townshio Police Deoartment, 350 N. Middlesex Road, Suite #3, Carlisle, PA
17013
Within twenty (20) days after service of this subpoena, you are ordered by the court 10 produce the fOllowing documents or
things:
Com fete co ies of an and all records investi ation reDorts and files of the Middlesex
Townshi Police De artment and the investi atin officers re ardina an incident which
OCcurred on Julv 30.1997 at Suoer 8 Motel, 1800 Harrisbura Pike, Carlisle, PA 17013
at: 305 N. Front St.. P,O. Box 999. Harrisbura. PA 17108
(Address)
You may deliver or mailleglbie copies of the documents or produce things requested by this subpoena. together with the
certificate of compilance, to the party making this requesl at the address listed above, You have the right to seek In advance,
the reasonable cost of preparing the caples or producing Ihe things sough!.
If you fail to produce the documenls or things required by this subpcena, within twenty (20) days after its selVice, the party
serving this subpoena may seek a court order cornpelllng you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOllOWING PERSON:
NAME: Stephen E. Geduldig, Esquire
ADDRESS: P.O. Box 999, Harrisburg, PA 17108
TELEPHONE: (717) 237-7119
SUPREME COURT ID#: 43530
A TIORNEY FOR: Defendant PLEASANTS INNS AND SUPER 8 MOTEL
BY THE COURT:
DATE:
Seal of the Court
Prothonotary/Clerk, Civil Division
DEPUTY
b, Address is 1'.0. Box 70, Elerbie, NC 2SJJS,
e. 1.,0, Dewitl Trucking Company. Inc.
d. N/A,
J. N/A.
4, (a) Barbara Nelson, ManagerofSuper 8 Motel, 1800 Harrisburg Pike, Carlisle, PA 17013.
Telephone number- 717-249-7000,
(b) John .I. Sancenito, County Detective, Office of the District Atlorney. I Courthouse
Square, Carlis/e, I'A /7013,717-240-7764,
(c) Bobby D. Lcller, Supcr 8 Motel, 1800 Harrisburg Pike, Carlisle, P A 17013. There is
no known telephone number to reach Mr. LexIeI'.
(d) Ruth Allen Horning, night desk clerk at Super 8 Motel, 1800 Harrisburg Pike, Carlisle,
PA 17013,717-249-7000,
(e) Timothy Allen Peters, maintenance man for Super 8 Motel, 1800 Harrisburg Pike,
Carlisle, PA 17013.
(I) Unknown male suspect that has been identified as the main suspect in the theft of the
trailer. If any information has been obtained the answering party reserves the right to amend this
answer accordingly to supply an address and telephone number for this unknown person.
(g) Patrick, Super 8 Motel desk e1erk, last name unknown, 1800 Harrisburg Pike, Carlisle,
PAl 70 13, 717-249-7000,
5. Answering party was not at the scene of the loss therefore cannot answer this question,
6a, There were photographs taken of the Super 8 Motel parking lot. These photographs were
taken on August II, 1997.
b, These photographs were taken by an unknown employee of Trans America Services,
Inc., 106 Lewisberry Road, New Cumberland, P A 17070.
c. See the attached photographs.
7a. Cargo Liability released an indemnity agreement whereby Hershey Chocolate U,S.A.
released and discharged L.G. Dewitt Trucking Company, Inc. in consideration of the sum of
$99,481.80. This document is in the custody of plaintiffs attorney.
b. The original and copy of Bill ofLading from Hershey Chocolate U.S.A. to L.G, Dewitt
Trucking. This document is in the custody of plaintiffs atlorney.
c, The insurance agreement between Certain Underwriters at Lloyds of London and L.G.
Dewitt Trucking Company, Inc. This document is in the custody of plaintiffs attorney.
d. The photographs identified in question 6 of these Interrogatories are in the custody of
"
,
plaintiffs attorncy and copics ofthcsc pholographs arc attachcd hcrcto,
c. A shipping agrccmcnt bctwccn J lershey Chocolatc U.S.A. and 1.,(;, Dewitt Company.
This documcnt is inthc custody ofplainlilfs attorncy,
f. A stutcmcnt of Barbara Nelson. managcr of Supcr H Motel in Carlislc, I' A. A copy of
this statclllcnt is inthc custody ofplaintilrs allort1cy.
g. Thc rccordcd statcmcnt of Timothy Allcnl'ctcrs, maintcnancc man at Supcr S Motcl,
Carlislc,I'A. A copy of this statcmcnt is in the custody ofplaintifl's attorncy.
h. Thc rccordcd statcmcnt of Bobby Lcflcr, Hc was thc cmploycc of L.G. Dcwitt who
rcsidcd at thc Supcr S Motcl on thc datc ofthc accidcnt. A copy of this rccordcd statcmcnt is in the
custody of plaintiffs attorney,
i. Thc policc rcport dctailing thc thcft ofthc truck in qucstion. A copy of this policc rcport
is in thc custody of plaintifrs attorncy,
8. N/A.
9. Ycs. Trans Amcric.\ Scrvices, Inc., 106 Lcwisberry Road, New Cumbcrland, PA 17070.
The main employce of Trans America working on this file was Tony Scrretti. An investigation of
the scene occurred on August II, 1997 and on that date the aforementioned pictures were taken. An
additional invcstigator, John Broomc took thc statcments of Barbara Nelson, Timothy Allen Peters,
and Bobby Lexler. The exact datc ofthc recording of this statcment is unknown to the answering
party.
lOa. A statement was obtained by John Broome of Barbara Nclson. Barbara Nelson's last
known address was her cmployment address at the Super 8 Motel, 1800 Harrisburg Pike, Carlisle,
PA. The statement of Ms. Nelson is currently in the custody of plaintiffs attorney.
b. A statement of Timothy Allen Peters, maintenance man at the Super 8 Motel, Carlisle,
PA, only known business address. A copy of his statement is in the possession of plaintiffs
attorney.
c, A statement was obtained by John Broome of Bobby Lefler. Mr. Lefler was the
employee ofL.G, Dewitt Trucking Company, Inc. that resided at the Super 8 Motel in Carlisle, PA
overseeing L.G. Dewitt's business activities in Carlisle. Mr. Lefler's last known address was the
Super 8 Motel in Carlisle, PA. Mr. Lefler's statement is in the custody of plaintiffs attorney.
I I. At this point in time, the answering party has not retained an expert in this matter.
Answering party reserves the right to amend this answer and to name an expert witness on his behalf
and when such expert has becn retained and cxpccted to be called at trial, answering party shall
furnish the requested information.
12. Answcring party knows that thcre havc bccn over 21 trailcr thefts in the last 12 months
in the general area. Therc havc bccn 4 trailers of products from Hershey that were stolen this year.
A trailer was stolen trom the same Supcr 8 Motel lot in October of 1996. These are all the details
that are known regarding these incidents, Plaintiff reservcs thc right to amend this answer when
additional information has becn discovered.
13. The answering purty had to pay to Hershey U.S,A. $99,481.80 in order to compensate
thcm for stolcnll1crchandisc. Thc Il1crchandisc consistcd of various chocolatc products. ^ dctailcd
list ofthc cxactnalnrc ofthc products is includcd in thc Bill of Lading Answcring party has suffercd
this loss due to thc Ihet that he agrecd to compensate Hershey Chocolate U.S.A. for the
aforcmcntioned iIInOUnl in order to scllle the claim. Sl'e thc Cargo Liability releasc and indell1nity
agrccment attachcd hcrcto.
14. None.
15a. Underwritcrs at L10yds of London.
b. L.G. Dewill Trucking Company, Inc., P.O. Box 70, Elerbie, NC 28338. Telephone
number 1-800-334-6203.
e. 978072-000 I.
d. Thc effectivc datcs occurrcd from July I, 1997-July I, 1998.
e. $300,000 per vehicle, $600,000 per catastrophe on a gross receipts form. According to
thc police ofticer, Detective John J. Sancenito, there have been 21 trailer thefts in the last 12 months
in the area; 4 trailer of products were stolen from Hershey's Eastern Distribution Center this year
(1997), and a trailer was stolen from the same Super 8 Motel lot in October of 1996. Plaintiff
reserves the right to amend this answer upon receipt of the police records from these incidents.
16. Yes. The trailer with full VIN # I UYDS2534NN6635 I 0 was recovered on October II,
1997 in Philadelphia, PA. The exact address were it was found abandoned was 2751 Comilie Road,
Philadelphia, PA. It was found by Detective Campbell, Philadelphia Police Department. The
telephone number is 215-686-3154.
18. To the best of my knowledge and belieftherc was an oral contract between L.G. DeWitt
Trucking and Super 8 Motel. This contract consisted ofL.G. DeWitt paying a higher premium to
use a room as an office because Super 8 allowed L.G. DeWitt to park and exchange trucks and
trailers.
19a. Yes. Undcrwriters at L10yds of London.
b. Date of this application was August 5,1997.
c. Claim number 35014171272, policy number 978072-0001.
d. The claim was paid in the amount 01'$99,48 I .80. This represents a $1 0,000 deductible
plus $89,481.80 paid by the aforementioned insurance company.
e. Yes.
20. Please see the $99,481.80 Cargo Liability rclease and indemnity agreement settlement
reached between Hersbey Chocolate U.S.A. and L.G. Dewitt Trucking Company, Inc. This
represcnts a settlement for the loss of property set forth in detail in the attached Bill of Lading
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2. On December 23, 1998, Defendants, through their attorney, served Interrogatories
and a Request for Production of Documents addressed to Plaintiffs, by mailing the documents by
first-class mail, postage prepaid, to Plaintiffs' attorney. A copy the Interrogatories and Request for
Production of Documents and transmittal letter to Plaintiffs' attorney is attached hereto and marked
as Exhibit "B."
3. On January 14, 1999, counsel for moving Defendants spoke with Plaintiffs' counsel
and granted his request for a 30 day extension to serve answers to Defendant's Interrogatories and
Request for Production of Documents. A copy of the correspondence to Plaintiff's counsel is
attached hereto and marked as Exhibit "C."
4. On March 4, 1999, discovery being overdue again, counsel for moving Defendants
wrote to Plaintiffs' counsel requesting answers to Defendant's Interrogatories and Request for
Production of Documents by March 8, 1999. A copy of the correspondence to Plaintiffs' counsel if
attached hereto and marked as Exhibit "D".
5. On March 18, 1999, counsel for Plaintiffs served Answers to Defendants'
Interrogatories. Copies of the Answers to Interrogatories served by Plaintiffs' counsel are attached
hereto and marked as Exhibit "E."
6. Plaintiffs have failed to serve complete and adequate Answers to Defendant's
Interrogatories. Further, Plaintiffs have failed to provide Defendants with the information they had
indicated was attached to their answers to Defendants' Interrogatories, and have failed to serve a
response to Defendants' Request for Production of Documents. Plaintiffs have not indicated that
same is objectionable in any way; and, Defendants cannot proceed to defend the case without the
discoverable information to which it is entitled.
7. Plaintiffs are represented in this matter by James P. Carfagno, Esquire, 225 South
15th Street, 27th Floor, Philadelphia, Pennsylvania, telephone (215) 928-1129.
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Exhibit B
237-7119
E-Mail: seg@tthlaw.com
December 23, 1998
Michael J. Jubanyik, Esquire
IAN STUART, P.C.
The Lewis Tower Building
27th Floor
225 South 15th Street
Philadelphia, Pennsylania 19102
Re: Llovds of London ais/o Dewitt Truckinl! v, Pleasants Inn and
Super 8 Motel
Cumberland County No. 98-4306 Civil
Dear Attorney Jubanyik:
Enclosed for service upon you as counsel for Plaintiffs, please find
Interrogatories and Requests for Production of Documents directed to your clients.
Very truly yours,
THOMAS, THOMAS & HAFER, LLP
By:
Stephen E. Geduldig
SEG/tk :29555.4
Enclosures
bc: Ms. Mercene Kennedy (CGU No. OP2 03830 S)
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Stephen E. Gedurdig, EsquIre
Attorney 1.0. No. 43530
THOMAS. THOMAS & HAFER. LLP
305 North Front Street
Posl Office Box 999
Harrisburg. Pennsylvania 17108
(717) 237-7100
E.Mail: seq(1i)tthlaw.coll!
Attorneys for Defendants
PLEASANTS INNS and SUPER 8 MOTEL
CERTI".IN UNDER~IRITERS AT
LLOYDS OF LONDON as
subrogee of L.G. DEWITT
TRUCKING COMPANY, INC.,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUt13E:RLAND COUNT'" PENNSYLVANIA
v.
No. 98-4306 Civil
PLEASANTS INNS and SUPER 8
~10T::L,
Defendants
INTERROGATORIES OF DEFENDANTS,
PLEAS~~TS I~~S and SUPER 8 MOTEL, ~~DRESSED TO PL~INTIFFS
?ursua~~ :0 :~e ;~cv~sio~s of t~e Pennsylvania Rules of Civil
?rocedure, as amencec; you a:e requlrec to forwa~d a copy to the
undersigned a~c retain the criginal, of your answers and
objections, if any in writi~g and under oath, to the following
Interrogato:i~s, wi:hin thi:~y (30) days of service hereof.
The Ans~e:s shall C~ i~se=ted i~ the spaces provided
follow~ng ~he Inte=rogato=ies. ~: the:e is insufficient space to
, ."",,~..'...:::::" .....
3. If you are a business organization other than a
corporation, state in detail the nature of the business
organization (partnership, affiliate, subsidiary, etc.)
as well as the date and place of organi=ation, principal
p.1ace of busin0ss, CQrrect legal rl.::lme, identity of
principal officers or individuals, and your legal
relationship with any other business organi=ations.
ANSWER:
9
14. Please state for a five (5) year period prior to or at
any time subsequent to the date of this incident,
whether you were involved in any incidents similar Lo
that described in your Complaint, and if so:
a. vlho was involved;
b. When each incident occu~red;
c. Where each incident occurred; and
d. Whether you or your insurance company was required
to reimburse anyone as a result of any such
incident.
20
ANSWER:
'f. "~^,:",,,,-...,;,:.~;..,..,,,,'"';.'":~,_."_7:~/ ,""
15. At the time of this incident, were you Covered by any
policy of liability, insurance which protected against
the risk of liability which is the subjection of this
action?
If 50, for each such policy, olease state:
- .
a. The name, principal place of business, and
telephone number of the insurer.
b. The name, add~ess and telephone number of the
named insured.
c. The policy number.
d. The effective dates of coverage.
e. The amount of liability coverage, specifying the
terms thereof.
ANSWER:
,\
21
20. Please give an account, itemized as fully and as
carefully as possible, of all losses and expenses which
you claim were incurred by you as a result of this
incident.
ANSWER:
26
,\C!~
1),\ J
Stephen E. Geduldi9, Esqui'o
Allofnoy I.D, No. 43530
THOMAS, THOMAS & HAFER. LLP
305 North Fronl Street
Past Office Box 999
Harrisburg, Pennsylvania 17\06
(717) 237.7100
E.Mail: seq@tthlaw.com
Attorneys far Dcfendant:s
PLEASANTS INNS and SUPER 8 MOTEL
CERTAIN UNDERWRITERS AT
LLOYDS Of LONDON as
subrogee of L.G. DEWITT
TRUCKING COMPANY, INC.,
Plaintiffs
IN THE COURT OF COMMON PLEAS Of
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 98-4306 Civil
PLEASANTS INNS and SUPER S
~!OTEL,
Defendants
REQUEST FOR PRODUCTION OF DOCUMENTS
OF DEFENDANTS DIRECTED TO THE PLAINTIFFS
Defendants hereby request tha~ yoc furnish pursuant to Rule
4009 of the ?er,:1sy~';a:1i.= ::.~:e5 0: Ci.;ll P::oc"ct.:::e, c: at.:::
Expense, or pe:~~: :he De~e~dan:s or scmeone a=:~ng en ~~= behalf
to inspect, examine, and cc~y the fal.lowing items concerning this
action which are in
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1.....'::
;:0550255io:1,
c~StCdYl 0: centrol or ene
Plaintiffs, counsel
Pla::-.tiffs,
or any other person or entity
for
acti!1g on behalf or Plaintiffs, including any insurer (s) for
?laintiffs. Said items s~c~l be produced or made available for
inspection at che office c: ~efendants' attorneys located at 305
~Icrth Front Street, ~arrisb~~g, ?e~nsylvania within thir€y (30)
6. If not othen/ise covered by the above Requests, the
complete claims/investigation/subrogation/insurance filets) of
YOLlr insurer (sl, dealing ',/ith tit" e:.:clusion of tll", mental
impressions, conclusions or opinions respecting the value or
merit oE a claim or deEense, or respecting strategy or tactics.
7. All documents pertaining to any other theEt loss
involving Dewitt Trucking Eor the period five (5) years prior to
the date oE this loss, regardless of where the theft took place.
8. All documents pertaining to any investigation of this
theft loss, or prior theft losses, by Dewitt Trucking, for the
time period specified above.
9. All documents relating in any way to all damages and
losses sustained by Plaintiffs. This should include, but not be
limited to bills, invoices, reports, accounting records,
receipts, proof of loss, and all other documents in any way
relacing ~o ?lai~tiffs' alleged inju~ies and damaces.
10. Any release 0= ot~e= ag=ee~e~t bet~een a~y ~e=son cr
entities given or obtained in regard to the subject incident.
11. Any a~d all documents evidencing or pertaining to any
lien by any person or entity against potential recovery of
damages by Plaintiffs in this action.
12. All documents or exhibits which you in~end to offer or
identify as exhibits and/or evidence at any depositions or at the
trial of this matter.
4
13. All documents, including but not limited to,
advertisements, circulars, brochures, pamphlets, leaflets,
writings and other such p~omotional items any expert witness you
have retained for use at trial uses and has used in the past to
promote his services as an expert witness.
14. Proof of loss, subrogation receipts, etc. submitted to,
or otherwise obtained by your insurer.
15. A copy of all the documents which you contend comprise
any written contract between the parties.
16. iUl telephone records from June 1, 1997 th!:'ough
August 31, 1997 for any telephone maintained by Dewitt and/o!:'
its employees on the subject premises.
17. P..lI documents relating in any 'tIay to the shipment or
goods which you co~tend were stolen, incl~di~~, c~t not limited
to, all loading and unloading documents, bills of lading.
:~. A~y documents p=e9ared by any gove~~rnenta~ e~t~ty or
person i~~es:iga:ing this ~oss.
19. All documents evi.dencing the name and current address
or each and every agent, em91oyee, servant or other
representative or Dewitt, including all drivers, regardless or
whether or not they were independent contractors, in any way
associated or affiliated ~ith Dewitt's office maintained at the
subject prope!:'ty from June I, 1997 through ?ugust 31, 1997.
5
20. [1.11 De'ditt dispatch records from June 1/ 1997 through
Jl.ugust 31/ 1997,
21. All driver's logs pertaining to each and every Dewitt
vehicle or each vehicle driven by a Dewitt employee or
subcontractor or independent contractor, which in any way had
anything to do with the subject shipment.
22. All documents of Dewitt and all insurers pertaining to
all other previous incidents of theft or property damage
occurring at the subject premises.
23. All records of all independent or private
investigations pertaining to previous losses at the subjecc
location and the subject loss.
24. Any and all documents which evidence any facts on the
basis of which i~ will be asserted that th~ Defendar.~s caused or
contributed to che happening of cne damages and losses allegedly
sustained by t~e ?lainriff5.
25. ;'.11 cc;;;oanv manuals, guideli::.es, rules, !'egul-ations O~
other similar documents provided to, or made available to Dewitt
drivers, by Dewitt regarding parking, locking, security of ,Dewitt
trucks/trailers, and safety, security and storage or Dewitt
trucks/trailers, which would pertain to this loss.
26. Any dcsuments ide~tified in your Answers to any set of
Interrogatories ?:opounded by any party to this litigation.
6
3. After thc loss, Plainti IT Ccrtain Undcrwritcrs at L10yds of London ("L1oyds" or
"l'laintiITs"), paid thc loss under a policy of insurance issued to L1oyds' insurcd, Dewitt.
4. Thereafter. I'laintins, as subrogce of Dcwitt Iilcd a Complaint against Dcfcndants
alleging negligence, breach ofhailmcnt agrcemcnt and breach of contract. and sccking rccovery
ofthc money it paid to Hcrshey (contents) and to Dewitt (trailcr) in this theft. Essentially,
Plainti ffs allege that Defendants I[tiled to provide adcquate sccurity in its parking lot.
5. On or about Novembcr 19. 1998, Dcfendants Iiled an Answcr with New Mattcr in
Response to Plaintiffs' Complaint.
6. Written discovcry has been exchanged in this case.
7. Depositions have been taken, including the depositions of Bobby Lefier, a Dcwitt
dispatcher who stayed in a 1'00111 rented from the Defendants on a full-time basis, and Starkey
Sanders, who Iilled in for Mr. Leller during Mr. Lefler's medical absence from Dewitt. Copies
of the transcripts of the deposition testimony of Bobby Leller and Starkey Sanders are being
filed under separate praecipe for the Court's consideration in the disposition of the within
Motion.
8. The undisputed evidence in this case establishes that a landlord-tenant
relationship exited between Dewitt and Defendants. Mr. Leller rented a room from Defendants,
which he used as an office/living quarters, and paid for the room on a weekly basis. As part of
the arrangement, Dewitt was permitted to park its trucks in the Defendants' lot.
9. In order to make out a primajllcie case for breach of contract, there has to be
evidence of a contract. In this case, there is no evidence in this case that there was any written or
oral contract between Dewitt and Defendants imposing a duty upon Defendants to provide
securi ty for the Dewi tt trucks.
2
10. In order to cstablish a prill/uti/de casc 1(1r brcach of a bailmcnt arrangcment,
lhcrc must bc a delivcry of pcrsonal propcrty. Thc cvidcnce in this case demonstratcs that there
was no such delivcry and, thcrefore, no bailmcnt relationship cxistcd.
II. Additionally, in order to makc out a prill/lljilcie casc lor negligcnt sccurity, thcrc
has to bc a promise [0 undertakc sceurity. In this casc, thc tcstimony in this casc is c1car that
Dclendants nevcr promised to undcrtakc additional sccurity mcasurcs to protcct Dewitt's trucks,
nor did reprcsentativcs of Dcwitt havc cxpeetations that Defendants would provide sccurity.
12. In this case, Plaintiffs havc failed to establish thc necessary clemcnts for a cause
of action sounding in ncgligcncc, brcach of bailment agreemcnt and brcach of contract.
13. Pa.R.C.I'. 1035.2 providcs that a party is cntitled to summary judgmcnt as a
matter orJaw:
I. Whcnever there is no gcnuinc issuc of any material fact as to a necessary element
of thc causc of action or defensc, which could bc established by additional
discovery or expert report; or
2. If, after the completion of discovery rclevant to the motion, including the
production of expert rcports, an adverse party who will bear the burden of proof at
trial has failed to produce cvidence of facts essential to the cause of action or
dcfense which, in a jury trial, would require the issues to be submitted to ajury.
14. A reviewofthc record in this case demonstrates that Plaintiffs have failed to
producc evidence of facts essential to a cause of action for negligence, bailment and breach of
contract and, therefore, as a matter of law, Defendants are cntitlcd to summary judgment.
WHEREFORE, Defendants, Plcasantlnns and Super 8 Motel, respectfully request This
Honorablc Court to Grant the within Motion for Summary Judgment and cnter summary
3
. ,
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing document was served by depositing the same in the
United States Mail, postage prepaid, at Harrisburg,
~~
Pennsylvania, on the ~\ day of June, 2000, on all counsel of
record as follows:
James Carfagno, Esquire
IAN STUART, P.C.
The Lewis Tower Building
27~ Floor
225 South 15~ Street
Philadelphia, Pennsylania 19102
Attorneys for Plaintiff
THOMAS, THOMAS &' HAFER, LLP
4
1 know if you don't understand my question so I can
2 ask it in a way that you understand. Fair?
3
A.
Right. First, who am I testifying
4 for?
5
MR. CARFAGNO:
It is what is called
6 a discovery deposition. It's not really
7 testifying for anyone. We're just finding out
8 what you know.
9
10
11 trial.
12
THE WITNESS: Okay.
MR. CARFAGNO: In order to aid in
THE WITNESS: All right.
13 BY MR. GEDULDIG:
14 Q. what Attorney Carfagno just told you
15 is true. You're not here for one s ide or ~he
16 other. You're here so we can find out from you
17 under oath what you know. All right?
18 A. Okay.
19 Q. Are you ready to get going?
20 A. All right.
21 Q. I f you need any breaks or anything,
22 let us know. I don't think you'll be real long.
23 Should I call you Starky or Mr. Sanders?
24
25
A.
Q.
Starky.
Okay, Starky. What's your
1
2
Q.
A.
Then you took off a couple years?
Well, I moved to Tennessee and
3 started driving out there.
4
5
Q.
A.
All right.
Then came back a couple years later
6 and went back to work in the office, got tired of
7
it again and I went back to Tennessee.
Then came
8 back in '92 and I went to work with Thorn Apple
9
Valley, stayed there until '95.
I came back to
10 work with Dewitt from '96 or either '97, I don't
11 know which.
12
Q.
Starky, the reason you're here is
13 because L.G. Dewitt and their insurance company
14 claim that the Super 8 is somehow responsible for
15 the theft of two trailers containing Hershey
16 Chocolate product from the Super 8 lot in 1997.
17 It's my understanding that you had
18 taken over for Bobby Lefler sometime in 1997 as
19 the dispatcher up here while he was recuperating
20 from heart surgery?
21
22
A.
Right.
Do you recall when you first took
Q.
23 over for Bobby?
24
25
A.
As far as a date or anything?
Q.
Yes, sir.
G
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o
very long.
Q. Can't estimate?
A. Well, if I kne'li when I came up here.
Q. And you don't?
A. I would remember when the trailer
got stolen, I would know.
Q.
The information that we have is that
8 the trailer under your watch was stolen October 14
9
of '97.
If you assume that to be true, can you
10 estimate when you started as the dispatcher?
11
12 that.
13
A.
It wasn't very long after -- before
Q.
Were you up in this area on behalf
14 of L.G. Dewitt when the the first trailer was
15 stolen in July of 1997?
16
17
A.
Q.
No, sir.
Do you know anything about that
18 theft?
19
20
21
22
A.
I didn't even know about it.
Q.
A.
Q.
All right.
Well, I found out about it later on.
Where was the trailer stolen from in
23 October of 1997?
24
25
A.
Q.
Super 8.
Parking lot of Super 8?
1 trailer was gone.
12
2
Q.
So when you got up at 6:00 a.m., you
3 looked outside and saw the trailer was there?
7 dressed, the trailer was sitting there.
8 Q. Would it have been light out?
9 A. It was daylight.
10 Q. Two and a half hours later when you
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6
A.
Q.
A.
~Ihen I came out.
When you came outside?
After I showered, cleaned and got
returned at about 8:30 in the morning, it was
still light out?
A. Oh, yeah.
Q. And the trailer was gone?
A. It was gone.
Q. SO would it be fair to say the
trailer was stolen during daylight?
A.
Well, we say it got gone between say
19 approximately 6:30 when I walked out at 9:00 in
20 the morning.
21
22
23
Q.
A.
It was light the whole time?
Oh, yeah.
All right. Did you have a drag pin
Q.
24 lock on it?
25
A.
I don't recall whether I had one on
15
1
I told them I wouldn't go up there.
2 They said, well, you all find a place so we
3 started looking. We looked at several motels and
4 then went over to Appalachian and looked over
5 there and we liked it and so that's where we've
6 been.
7
Q.
You don't know why the move was
8 made?
9
A.
If I'm not mistaken, now, the
10 language I'm fixing to use is not proper, it is
11 not vulgar, the white women up here kept chasing
12 the nigger drivers.
13
They came up in the yard one day, I
14 didn't know the women were there, the drivers were
15 inside and a woman came by and asked me -- she
16
17
18
19
called some driver's name.
Is he up here? I
said, I don't know him.
Well, she walked off.
A few minutes, the driver's left
all of them were black.
I've never had no problem
20 with a black driver, regardless of that. A few
21 minutes later some lady came down there and said'
22 she's had it with Dewitt. We've got to go.
23
,I said, What's the matter? Shes
24 they're out here hanging allover these white
25 women, got their boobies out, everybody
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attorney's office. When the FBI was down there
questioning me, I don't know if I was under oath
or not.
Q. Did they take a recorded statement
of you?
A. No, not that I know of.
Q. Did anybody ever take a recorded
statement of you that had anything to do with the
theft of the tractor trailer?
A. No.
MR. GEDULDIG:
That's all I have,
Starky. Your lawyer might have a question or two.
MR. CARFAGNO.
NO, I don't have any
questions.
MR. GEDULDIG:
Thanks.
(At this time the deposition in
the above-ca'ptioned case was
concluded. )
18
i
1
2
A.
Q.
Yes.
All right.
You have to keep your
3 voice up, too.
4 A. Okay.
5 Q. SO that the court reporter can take
6 down what you say.
7
8
A.
Q.
Okay.
And you have to give verbal answers
9 to my questions as opposed to uh-huh.
10
11
A.
Q.
Okay.
Thank you. My voice tends to trail
4
12 off a little bit and I know that you said you were
13
a little hard of hearing.
If you can't hear me,
14 you tell me and I'll ask the question again.
15
16
A.
Q.
Okay.
All right.
If you don't understand
17 my question, you just tell me and I'll rephrase it
18 until it's acceptable to you.
19
20
A.
Q.
21 now, Bobby?
22
23
24
A.
right now.
Q.
25 North Carolina?
Okay.
All right. Where do you live right
I stay down at Appalachian Motor Inn
My home is in North Carolina.
Tell us what your address is in
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7
A.
Sure do, yes, sir.
Did you get along okay with Barbara?
Got along fine.
She's a nice lady, isn't she?
Yes.
She tells us that you first started
Q.
A.
Q.
A.
Q.
staying at the Super 8 in 1992.
Does that sound
8 about right to you?
9
10
11
12
13
A.
Q.
That's about right.
All right.
MR. GEDULDIG:
Can you mark this?
(At this time Lefler
Exhibit No. 1 was marked for
~
14 identification.)
15 BY MR. GEDULDIG:
16
Bobby, I'm showing you what we've
Q.
17 marked with an exhibit sticker as Lefler Exhibit
18
This is the recorded statement I asked you
No.1.
19 to review earlier?
20
21
A.
Yes.
Do you remember giving a statement a
Q.
22 couple of years ago concerning these tractor
23 trailer thefts?
24
25
A.
Well, on one. The second one, I
I was down in Chapel Hill having
wasn't here.
7
lover at the Super 8 since about 1992?
2
A.
No.
My memory ain't too good but
9
5 statement which we've marked had as Exhibit 1, did
6 you give any other recorded statements like this
7 to anybody?
8
9
10
11
12
13 any time and give a statement like this with a
14 court reporter?
15
16
17
18
3 that helps a little bit.
4
Q.
All right.
Bobby, other than this
A. Yes, but I couldn't tell you who
they was. They said they was investigators.
Q. Do you remember who they were?
A. I sure don't, sir.
Q. Did you go to a lawyer's office at
A.
NO, sir.
Q.
A.
Q.
For the insurance company?
No, sir.
What's your arrangement over at
19 Appalachian right now?
20
A.
Do what, sir?
21 Q. What's the relationship with
22 Appalachian? Do you rent a room over there?
23 A. Yes, sir.
24
Q.
Do you rent it by the day, the week,
25 the month?
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5
6
A.
Q.
A.
Q.
A.
Q.
10
The month.
How much are you paying?
It is $1000. The company pays it.
Sure. You stay in the room?
Yes, sir.
Do you also use the room as like a
7 dispatch office?
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13
A. Yes, sir.
Q. Do you have a FAX machine in there?
A. Yes, sir.
Q. Do you have an 800 number in there .?
A. No, sir. I use their 800.
Q. Does that Appalachian provide you
14 with space to drop and pick up your trailers?
15
16
17
18
A.
Q.
A.
Q.
Yes, sir.
Is it on their premises?
On their premises.
Why did you go from the super 8,
19 where you had been for a number of years, to the
20 Appalachian to run your operation?
21
A.
I could not tell you that, sir,
22 because I was home being operated on.
23
Q.
There was a period of time when you
24 had some heart problems?
25
A.
I had five bypasses.
1 that decision?
2
3
4
5
A.
Q.
A.
Q.
No, sir.
Do you know who did?
Starky.
Now, sir, there are two thefts of
6 trailers. One was in July of '97 and one was in
7
October of '97.
Are you telling me that the
8 October '97 theft you were already down in North
9 Carolina when that happened?
10
11
A.
Q.
Yes, sir.
All right.
Sir, when the first
12 theft occurred, do you remember the date of that?
13
A.
Q.
14
No, sir.
Would you agree with me that it was
15 the end of July of 1997?
16
A.
17 got the facts.
18
Yes, I agree with you because you
MR. CARFAGNO:
Well, that's not a
19 reason to agree with him because he said it, but
20 we're willing to stipulate.
21
22 BY MR. GEDULDIG:
23
Q.
24 to you?
25
A.
THE WITNESS:
Well, I can't be sure.
Listen, does that sound about right
That sounds about right.
12
1
Q.
At that time you were the dispatcher
2 with your office at the Super 8?
3
4
A.
Q.
That's right.
Were you required to fill out any
5 paperwork for Dewitt, the police or the insurance
6 company as a result of that theft?
7
A.
Oh, yeah.
The police come, filled
8 out a form, investigator come and then another one
9 come, there three.
10
Q.
Did you have to complete any
11 paperwork for the police?
!"
12
13
How about for your employer? Did
A.
No, sir.
Q.
14 you have to complete any theft report or anything?
15 A. No, sir. I just called them and
16 told them. They told me to get the police.
17 Q. Were you ever contacted by your
18 insurance company to discuss this theft?
19
A.
Now, several of them come, I
20 couldn't tell you which one -- several of them
21 come, but I don't know which was the insurance or
22 which was the investigators.
23
Q.
Several of them came but you didn't
24 know from where?
25
A.
I don't know where they come from.
13
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14
Q. Okay. All right.
A. They just pop up and say I'm here.
Q. Now, I want to talk to you a little
bit about how you first arranged to have your room
with the Super 8. Okay?
A. Yeah.
Q. Whose idea was it to get a room at
the Super 8?
A. It was mine because it had little
old kitchenettes in them.
Q. Where were you before the Super 8?
A. At the All American.
Q. Why did you leave All American?
A. I had more room at Super 8 and I had
a kitchen.
Q. You switched from All American to
Super 8 because the __
A. Convenience.
Q. The room was nicer, bigger and it
had a kitchenette in it?
A. That's right.
Q. When you were at the All American,
were you dispatching trucks for L.G. Dewitt?
A. Yes, sir.
Q. How long had you been at the All
-.~ .. '..
1
A.
She wouldn't go up that much, maybe
17
2 $235, something like that.
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Q.
to you?
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
line?
A.
Q.
That rate was obviously satisfactory
Yeah.
Was it a fair rate?
Well, it was fair enough.
That got you a room, correct?
Yes.
With a kitchenette?
That's right.
Did you have a FAX machine in there?
That's right.
Did you have an 800 line in there?
No, sir.
Did you have more than one phone
No, sir, just my regular phone.
You used it not only as your place,
of residence but also as the L.G. Dewitt office?
A. Tha t '5 right.
Q. You paid her on a weekly basis?
A. That's right.
Q. You were there from 1992 until
sometime in 1997 when Starky Sanders moved the
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18
office to the Appalachian?
A. That's right. They got -- they got
in some trouble over there with two of the drivers
and they had to move.
Q. Were you in North Carolina when that
trouble came up?
A. Yes, sir.
Q. Is that the trouble with some
fighting and maybe a gun being involved?
A. Yes, sir.
Q. Where did the L.G. Dewitt drivers
park their trucks while you were at the Super 8?
A. In their parking lot.
Q.Were you able to see the trucks from
your room?
A. Yes, sir.
Q. Who parked the trucks?
A. The driver parked them when they
brought them in.
Q. Did anybody from Super 8 have
anything to do with parking the trucks?
A. No, sir.
Q. They didn't have -- nobody from
Super 8 had any keys to the truck?
A. No, sir.
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'.
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~ .... . ..
A. No.
Q. Would that have helped prevent the
theft?
A. Well, a thief can get anything he
wants to.
Q. If he really wants to take it, he'll
take it?
A. Yeah.
Q. Would one of those drag pins or
fifth wheel locks have helped prevent the theft,
do you know?
A. It might have but it just took a
couple minutes longer.
Q. Does Dewitt have a policy now that
all trailers which are dropped that aren't hooked
up to a cab have to have some kind of lock on
them?
A. All trailers we have loaded dropped
now at Hershey --
Q. Yes.
A. -- is in a Hershey fence at a
Hershey building.
Q. Where is that at?
A. Building 19 and 13.
Q. Where are they?
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A. Mechanicsburg and New Kingston.
Q. Is that something that Hershey
required of you that you need to drop it in a
fenced in secure area or is that Dewitt's idea?
A. No, that's something Hershey
started.
Q. So if I understand correctly, nearby
Appalachian, but not at Appalachian, there's a
separate area that's fenced in where all the
Hershey trailers are?
A. Two places.
Q. Buildings 13 and 19?
A. Yes, sir.
Q. How far are those away from the
Appalachian?
A. About three miles.
Q. Is there a lock on the fence?
A. There's a guard at the gate.
Q. Who provides the guards? Hershey?
A. Excel, I think.
Q. Excel Trucklng? Excel Logistics?
A.
Excel Logistics.
No.
Q. This is an Excel facility then?
A. Yes, sir.
Q. Who pays to have the trailers
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(
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dropped there?
A. Nobody.
Excel furnishs it.
Q. Well, Excel has to make some money
off it, don't they? They don't do it for free?
MR. CARFAGNO:
I'm going to object
to that because it sounds like he doesn't
from
what I understood, his original response was he
doesn't know.
All right.
MR. GEDULDIG:
BY MR. GEDULDIG:
Q. Sir, who arranged to have the
trailers dropped at Excel, you or Hershey?
A. Well, Hershey arranged to have
everybody's trailer dropped off. They got a
couple hundred trailers in there.
Q. Do you know if Excel gets anything
out of the deal?
A. No, sir, I don't.
Q. Who would be the best person at
Dewitt to ask why Hershey's trailers are dropped
at Excel now as opposed to at the Appalachian?
A. Well, we dro~ the empty there, they
get ready to load it, they get trucks, they go
right around and load it and bring it back and
drop it right there on -- it's on the premises.
27
Q. who would be the best person from
Dewitt to ask about that? Would that be Mr.
McKenzie?
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
his address.
Q.
A.
Q.
A.
He's no longer there.
Do you know where Mr. McKenzie is?
No, he's gone.
Do you know why he left Dewitt?
Nope.
Don't care?
No, he was a good man.
You have no idea where he is?
He lives in Westend but I don't know
Westend?
Yeah, North Carolina.
Is that a town?
Yeah, that's a little town.
See,
Hershey provided that building to have loads to
load there. They got jockey trucks, they call
them, now. We don't have to count the candy no
more. They bag them up and load them:and bring
them back on the pad and drop them.
Q. All the candy is stored at this
Excel warehouse, right?
A. Yes.
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Q. What happens is they'll take one of
your empty trailers, back it up, people from Excel
will load your trailer, correct?
A. That's correct.
Q.
You don't have to worry about that
,
..
part of it?
A. Nope.
Q. They back the loaded trailer away
and store it, correct?
A. They seal it and put it on the pad,
put the seal number on the bills, keep the bills
in the office, when the driver goes get it, he
signs for the bill. That's the only way he can
get it out of the gate, he's got to have the
bills.
Q.
I got it.
So once that trailer is
loaded up and sealed by people at Excel, you get a
call saying come on and pick it up?
A. Yes.
Q. Now, let's go to this trailer that
was stolen, the first one.
Did you park that
trailer?
A. Yes, sir.
Q. Do you recall about what time you
parked it?
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7
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31
you report it to?
A. Barbara.
Q. Barbara Nelson?
A. Uh-huh.
Q. Did you report it to her that day?
A. Yes, sir.
Q. what did you tell her?
A. I told her somebody stole one of my
9 trailers out of the lot.
Q.
Why did you tell her?
A.
Well, it was on her property, I had
12 to tell her because all the police out there.
13
(
'. .
Q.
Did you tell her because you wanted
14 her to understand why there were so many police
15 around?
16
17
A.
Yes, sir.
Q.
At the time it was stolen, did you
18 think it was Super 8's fault that it was stolen?
19
20
A.
No, I don't think it was.
Q.
As you sit here today, do you think
21 it was Super 8's fault that that trailer was
22 stolen?
23
MR. CARFAGNO:
I'm going to object
24 before he answers that he's not an expert in
25 a t leas t to my knowledge he hasn't been qua I i tied
.. ~...,,-.;~~.,~7"'';::::'~''''
1 as an expert in theft analysis but continue with
2 your answer.
3 BY MR. GEDULDIG:
4
Q.
Continue with your answer.
Go
5 ahead.
6
I don't think it's Super 8's fault.
A.
7
Bobby, at some time did you learn
Q.
e that in the Carlisle area there were quite a few
9 tractor trailers being stolen?
10
That's what the police told me, sir.
A.
11
Before the police told you that, did
Q.
12 you know that?
13
A.
No, sir.
14
Did they tell you that there were a
Q.
15 lot of other tractor trailer thefts that day when
16 you reported it to them?
17
A.
He told me there had been a lot of
18
them that month.
19
Q. But when did he tell you that?
A. The police?
Q. Yes, sir.
A. The morning they come over there.
Q. That was the firs t time you knew
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that there might be a problem in the area with
25
tractor trailer thefts?
32
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A. No.
Q. Did you feel that the parking lot
was adequately lighted?
A. Yes.
Q. At some time, did you have a
discussion with someone from Super 8 about maybe
putting some video cameras in the parking lot?
A. Yes.
Q. Whose idea was that?
A.
That was mine.
I told them they
needed some out there.
Q. Did they offer to put the security
cameras in the parking lot if L.G. Dewitt would
pay for them?
A. No, it never got that far with
discussion.
Q. Tell me about the discussion?
A. I just told Barbara she needs
security cameras out there. That was the end of
it.
Q. That was after the theft?
A. Uh-huh.
Q. Before the second theft where you
were in North Carolina?
A. Yeah, I was in North Carolina.
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Q. All right. Why did you tell her
that she needed security cameras in the parking
lot?
A. Well, if something gets gone, you
know, you need security.
Q. Who did you expect to pay for the
security cameras?
A. I didn't have an idea.
Q. You didn't have any?
A. Idea.
Q. Did anything else come out of that
conversation about having additional cameras?
A. No.
Q. Even though no cameras were
installed, you continued to park your trucks
there?
A. That's right.
Q. Bobby, were there any signs in the
parking lot by the Super 8 which told you where to
park?
A. No.
Q. How far away from your window were
your trucks parked? Can you estimate for me? A
hundred yards? Ten yards?
A. A hundred yards.
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A. Dewitt trucks.
Q. what do you mean they have a tracker
on them?
A. They can tell if it moves across the
parking lot.
Q. Do you have qualcomm?
A. Trackers, we got a highway master.
Q. On the trailer?
A. On the tractor.
Q. On the tractor. But that doesn't
tell us where the trailer is if the tractor isn't
hooked up with the trailer?
A. No, it just tells where the tractor
is.
Q.
All right.
Give me a minute.
I'm
almost done. Bobby, in your statement, I'm going
to read you a question and answer and see if you
can explain it to me, okay?
A. Okay.
Q. The person asking you these
questions asked you the following question: Whose
idea was it to pick out this Super 8 as a dropping
ground? Your answer was:
This is the only place
in the state I could bring my truck.
A. That's the only motel that was
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around there that you could park a truck that had
any facilities at all to live in.
Q. All right. When you were dropping
them at the All American before this, they didn't
have any living facilities, that was just a truck
stop, right?
A. Yeah, they had a little old motel
but the room wasn't no size.
Q. When you say this is the only place
in the state I could bring my truck, did you mean
this is the only place where they had a decent
hotel for you, where you could drop your truck?
A. Yeah, with truck parking.
have.
MR. GEDULDIG:
Thank you.
THE WITNESS: Thank you.
Bobby, that's all I
MR. CARFAGNO: I have just one
question or at least I think it's going to be one
question.
EXAMINATION
...
BY MR. CARFAGNO:
Q. Were there any trucks stolen from
the All American Motel to the best of your
knowledge?
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A. Do what, sir?
Q. ^ny L.G. Dewitt trucks stolen from
the ^ll ^merican Motel to the best of your
knowledge?
^. Any Dewitt trucks going from the All
American to the motel, is that what you're saying?
Q. Were any trucks stolen from the All
American?
A. No.
Q. Have any trucks been stolen since
Hershey's been keeping it at the Excel Logistics
place?
A. No.
MR. CARFAGNO: That's it.
(At this time the deposition in
the above-captioned case was
concluded. )
",~._,'.~:::~~:":'::;:;":;';
1 C E R T I F I CAT E
2 I do hereby certify that before the
3 taking of his/her deposition the said witness was
4 by me first duly sworn to testify the truth, the
5
whole truth and nothing but the truth and that the
6
above deposition was recorded in stenotype by me
7
and reduced to typewriting under my supervision.
8
I further certify that the said
9
deposition was taken before me on the date
10
specified and at the place so specified.
11
~~_ (k~__
H~llary z~~.
Notary P lie
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1
(
. ..-.-.--.---.
2 recorded statement of Bob Lefler.
MR. BROO:1E: Thi.s is Joh:: Brcome I 'taxing the
J
Q
name.
,
"
Q
A
Q
.;
...
~!1em.
Q
,
."
Q
Mr. Lefle=, can you please state ycur full
Bobby D. Lefler.
Okay. Who's your employer?
L.G. DeWit.
Okay. What position do you hold?
I look after and load tr~cks up here for
Okay. How long you been coi~g this?
: i ';e yea=s.
, ~"
r".__
you familiar with the ar=angement bet~een
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DeWit and the situation that allows DeWit to place
, -
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their t=ucks in the south lot, which is the gravel lot
16
ci=ec"tly
18 to park here.
It's jus~ a little spot here. We con't pay
23
.,.
-~
.,=
_w
17
...
19
Q
Okay. Who pays for you room?
L.G. DeWit.
22 room rate?
DeWit pays for your room. Do you k~ow your
20
A
21
Q
A
Q
217 . 30 a week.
t~at when you fi=s~ --
Okay. Was t~e=e -- was it ever lcwer t~ari
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!~ was 2~7 when! come he=e, t~~ same thing.
2 It was lower at one time, and it went back up.
3
4 back up?
~
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6
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Q
Okay. Do you know the reason for it going
A
No, su=e con't.
Q
The manaser told me that, cue to eve~lbody
7 coming in anc out of your room --
8
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A
Okay.
Q
Was t~at accurate?
.~
Yeah.
Q
Okay. ;~a you familiar with t~e DeWit
12 trailer that was stolen in the early mor~~~g of
13 7/31/97?
14
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A
Uh-huh. I "'leave it sitting =!.ght the=a.
Q
Okay. Ee pointed to the end cor~er lot?
A
Risht there in the middle. About two
17 trailers over.
13
19 that trailer on
Q
Okay, sir. When was the last time you saw
20
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"'-
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24 o::c.lnar"f?
25
A
.;bcu~ 10 o'clock that night.
Q
Tha~ was ~~e night before?
A
Uh-huh.
Q
Die you see anything that appeared out of the
.~
No.
,
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1 Q All right.
4
2 ;.. The one! got here nc'~ leaves he::'e fi=st.
3 thing ,in the morning.
<\
Q
Okay. Is the lot secured with a security
5 person or anything?
6
;;
No. But Tim's around here a lot at n:ght
7 and, it's real lit -- light. You see that, don't you.
8 There's lights eve~~here.
9
Q
But you're not res90nsible for the trailers
10 after hours?
1:!-
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.!.~
A No. I can't be. ....e11 I be in the bed.
t:....__1
Q Okay. And there's no fence or --
A No. Uh-uh.
Q -- or security officer. Okay. So,
I;
15 basically, this is an unsecured area. Ok~y. How many
'i
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trailers do you pick up a day at Hershey?
17
18
19 over here?
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A
T'...o or three.
Q
T'...o or three a day. And you just bring them
A
Yeah. Uh-huh.
Q
Okay. Like, for example, today you've been
22 gone a lot today, haven't you?
23
A
24
Q
25
A
All day.
All day. Where ha'le you been today?
Over at Hershey, waiting on another load.
1
Q
4
All =:.gn~.
~~e one ~ got here now leaves he=e
; {-...-
...__.;1 ....
2
A
3 thing i~.the mor~i~g.
4
Q
Okayo Is the lot sec~red with a sec~=it:
5 person or anything?
6
A
No. But ~i~'S around here a lot at ~ight
7 and, it's real lit -- light. Yot.: see that, con't you.
8 The~e's lights eve~f~he==.
9
But you'=s ~ct =es~onsibl= for the t=aile=s
Q
1.0 a::te= hours?
11.
12
A
Q
A
Q
A
Q
area.
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15.
16
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at Hershey?
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2 J eve.r he::-e?
24
, .;
25
No. . can I t be 4 :~ell, I be in t;"e bee..
Ok~y, )~id t~e=els no fence or --
No. Uh-t:r..
...-.-
-- or sac~=it? officer.
Uh-uh.
Okay. So, basically, this is an unsec~=ed
Uh-t:h.
Okay. ~cw ma~y traile=s co you 9ick up a day
.'
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Q
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just br:.::.g them
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or
?ear.. ur..-hl;::.
.
Q
Okay.
. ",I., .,,'~, 01
!..l:<e I :':.\:.; ,.,,:,.,,,..m:i-el
today you've been
-.. -. .... ;J--C"."
6
1 Q Does he ever drop a load here?
2 A Once in a '"hile.
3 Q' Once he drops a load, is he dispatched to
4 another?
5
6
i go?
8
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A No. I empty it out over here.
Q Okay. You do that. Where does the driver
A He picks up another load and goes ~,.,ith it.
Q .a_rId goes ~,.,ith it?
.a. Now, i-= he ain't got nothing to pic~< up, he
_J.
11 delivers himself.
12
13
14
Q
Okay. Eow long you been employed with DeWit?
A
Oh, hell. Back there in '80 the last time.
15 Carolina?
Q
'80. And your employment started in North
, -
_0
17
A
Yeah.
18 around 1980?
Q
Okay. So you been employed with DeWit since
19
20
22.
22
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24
A
Uh-huh.
Q
How long you been up here?
.~.
Five years about it, I believe.
Q
1992 maybe?
,
."\
Yeah, around that.
Q
Okay. Whose idea was it to pick out this
25 Super 8 as a d=opping g=ound?
.":...,.-.",,~:.::.:~
Discussion
Parties may move for summary judgment when there is no genuine issue of
material fact as to any necessary element of the cause of action or a defense to the
action. Pa.R.Civ.P. 1035.2. The courts have stated that "an entry of summary
judgment may be granted only in cases where the right is clear and free from
doubt." Demmler v. Smithkline Beecham Corp., 448 Pa. Super. 425, 430, 671 A.2d
1151,1153 (1996) (citing Musser v. Vilsmeier Auction Co., Inc., 522 Pa. 367, 370,
562 A.2d 279, 280 (1989)). When considering summary judgment, the court must
examine the record in the light most favorable to the non-moving party. Id. "[T]he
trial court must accept as true, all well-pleaded facts in the non-moving party's
pleadings...giving the non-moving party the benefit of all reasonable inferences
which may be drawn therefrom." Thompson v. Nason Hasp., 370 Pa. Super. 115,
117, 535 A.2d 1177, 1178 (1988). Furthermore, "[i]n a summary judgment
proceeding, the court's function is not to determine the facts, but only to determine
if a material fact exists." Kellv v. Ickes, 427 Pa. Super. 542, 547, 629 A.2d 1002,
1004 (1993).
Through the Court's independent research, we have found a case that is
directly applicable to the case sub iudice. In Duneaan v. Apico Inns of Green Tree.
Inc., 356 Pa: Super. 386, 514 A.2d 912 (1986) the Pennsylvania Superior Court
held that an owner of a motor inn was not required to safeguard patron's vehicle
against theft by third-persons, and thus was not liable for theft of patron's
automobile. A duty to protect one's automobile from theft will arise only if a
2
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responsibility was undertaken for safeguarding the vehicle as part of a contractual
agreement between the parties. See Sparrow v. Airport Parkinq Co. of America,
Inc., 221 Pa. Super. 32, 289 A.2d 87 (1972).
Under the circumstances of the instant case, there could be no liability on
behalf of the innkeeper to safeguard plaintiffs' vehicle from theft. The driver did not
surrender possession of the vehicle to the defendants, he retained the keys to the
vehicle, and the vehicle was accessible to the driver throughout his stay. Plaintiffs
were granted no more than a privilege to park the vehicle on the lot because of the
driver's patronage of the inn. Under these circumstances, the legal relationship
existing between the defendants and the plaintiffs was that of a licensor-licensee.
As a licensor, the owner of a motor inn is under no duty to protect the vehicles of its
guests from theft. Duneqan, 356 Pa. Super. 386, 392, 514 A.2d 912, 914.
Therefore we find, after thorough examination of the case at bar, that there
are no disputed issues of material fact, and therefore summary judgment must be
granted.
3