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Home My WebLink About00-05188 '" r ~.- 'I"~ 0~5/01 THU 15:27 FAX 717 234S212 T,A.SHOLLENBERGER,ESQ. @002 , f' , ~ SHOLLENBERGER &. JANUZZI, LLP TIMOTHY A. SHOLLENBERGER KARL j. JAN.UZZl RON S, CHIMA' 1820 tJNOLESiOWN ROAD P. O. BOX 605-45 l{PURFUSBlJRG, Pl\. 17106-0545 Writer'. Direct E-mail .rSCialshollianlaw.com (717) 234.3700 FAX (717) 234-821Z February 15, 2001 with offi.c:~ in Eli2abc:thvillc (717) 362-4472 WUkes-Ba= (570) 822.0711 "t\homeatberofNc:wJIl'l'".ey&r Honorable Judge Hoffer Honorable Judge Oler Honorable Judge Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Bruce G. Vandergriff and Sanda Vandergriff v. Charley Transportation, Inc, and William W, Harris, Jr. Docket No. 5188-2000 Dear Judge Hoffer, Judge Oler and Judge Guido: I respectfully disagree with Mr. Clements' assertion that the questions posed to him concerned the potential waiver ofthe statute of limitations by Defendants' filing of Entry of Appearance and Rule to File Complaint as represented in his February 15, 2001 letter to you. To the contrary, most of the questions posed to Mr. Clements were regarding potential bad faith by the Plaintiffs' Counsel in serving the July 24, 2000 Writ of Summons and whether we intentionally failed to take any action in the case at bar. In their brief, the Defendants asserted that Plaintiffs were acting in bad faith and were holding up the above referenced action in direct contravention of Lamp v. Heyman and it progeny. Plaintiffs' Counsel distinguished all three cases, relied upon by Mr. Clements, to show that Plaintiffs did not commit any bad faith. Defendants are now trying to raise a new argument after the fact, Le" after filing Preliminary Objections; after filing a Brief; and after Oral Argument. Defendants are now citing to Bavshore Vo Jackson, 223 Pa. Super. 568, 302 A.2d 438 (1973). Plaintiffs respectfully represent that Bavshore does not apply to the case at bar. In that case, Plaintiffs' Counsel filed a Writ on August 8, 1968 and did not serve it nor file a Complaint for two years and fifty-five days. In that case, Defense Counsel entered his appearance and ruled Plaintiff to file a Complaint on January 20, 1970. Plaintiff did not comply until October 2, 1970. In Bavshore, Plaintiff argued that a general appearance effectively waived the statute of limitations. However, the Writ was not served until two years after its filing, In Pennsylvania, a Writ only serves to toll the statute of limitations for a time equal to the original statute, In Bavshore, Plaintiff went beyond the two year time period since the Complaint was served more than two years after the filing of the Writ. ,-,",,' -~, , 0?~.5/01 THU 15:27 FAX 717 2348212 T.A,SHOLLENBERGER.ESQ. ~003 , .' , - - 2- In the case at bar, Plaintiffs, in good faith, attempted to serve Defendants with the July 24, 2000 Writ. Plaintiffs were unaware that service was not accomplished until after Defendants filed Preliminary Objections. Immediately thereafter, Plaintiffs reissued the Writ on January 8, 2001 and served one of the Defendants on January 29, 2001. Plaintiffs are currently in the process of serving the second Defendant and have ninety (90) days from January 8, 2001 in which to do 50. In the case at bar, Plaintiffs did not commit bad faith in serving the Writ. Plaintiffs' Counsel has always acted in good faith under Lame v. Hevman and its progeny. Thank you for your time. Very truly yours, , Ron S. Chima RSC:ce -'"~- . ,- -,~ .," .-,' . 02/~5/01 THU 15:26 FAX 717 234S212 T.A.SHOLLENBERGER,ESQ. 141 001 I . . . SHOLLENBERGER & JANUZZI, LLP TIMOTIiY A. SHOLLENBERGER !:ARL j. JilNUZZI RON S, CHIMA" 18:1.0 LlNOl.'ESTOWN ROAD p, o. BOX 6051-5 fLA1lR1SBlJRC3,Pi\.17106-0545 Writer's Direct E-mail -rsC@shollianlaw.com (717) 234-.1700 FAX (7!7l 234-8212 February 15, 2001 withoffiee, in Eli1abedwiU. (717) 362.4472 Wilk",-Barre (570) 8ZZ.0711 .A~ If\t:mbm: of New JerR' &r Via Fax (240-64621 and mail Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Attention: Becky Re: Bruce G. Vandergriff and Sanda Vandergriff v. Charley Transportation, Inc. and William W,Harris, Jr. Docket No. 5188-2000 Dear Becky: Preliminary Objections filed on behalf of the Defendants were heard on February 14, 2001 before Judges Hoffer, Oler and Guido. In response to Mr. Clements' letter dated February 15, 2001, I am enclosing my response. I kindly request that you copy my response and pass along to each of the Judges. Thank you for your time and should you have any questions, please call. Very truly yours, ~~ Ron S. Chima RSC:ce Enclosure CC: Scott D. Clements, Esq. (via fax (412-392-5367] & mail) 'f "L . Feb-15-01 IZ:05pm From-Dickie McCamey and Chi Icote + T-409 P.OOI/OOT HZI I..AWOM(:Z.'O}" DICKIE, MCCAMEY & CHILCOTE l'nILADELPHlA. 1151925.228' Al'ROIl'ltSSIONAL-COIU'OMnQN 'IIvoJ.>l'G l'LACIl, Stl1TE: 400 ;P1'J'XnllRGHtl'J!::rIlNSYLVANIA Il212-5402 WWWDMaAW,COM 1".....4121'281-1212 FAlC. 4121.l92-5367 NEW JiRSEY 0910 609/844.7744 740/284-1682 WES-rVIRGINtA 304/233-1022 FAX COVER SHEET DATE AND TIME: Fabrum' IS. 2001 . 11:55 am PLEASE HAND lJELlYER, AS SOON AS POSSffiLE, THE FOllOWING FACSIMlLE TRANSMISSIOl'l TO: NAME; Court Administrator COMPANY: FAX NO.: 717.:1.40"6462 Fila No.: 235597 Clien,No.: RE: Vanderl!!iffv, Char1ev Trllll$Donation, Inc., at 01. FROM: ScottD. Ckmmts Ron S. Chima, E$quire FAX NO: 717-234-8212 COPIES TO: MESSAGE: IF YOU HA VB ANY PROBLEM RECEIVING THIS TRANSMISSION, PLEASE CONTACT: DillIlC AT 412/392-5317 TOTAL NUMBER OF PAGES (including coVex :meet): 2 TillS MESSA<\E 15 INTENDED ONLY FOR THE USE OF THE lNDlVIDUAL OR ENTITY TO WlUCR IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVIJ:EGllO, CONFIDENTIAL. AND EXEMPT FROM DIScLOSURE tJNDER APPUCABLE LAW, IF THE READER OF THIS MESSAGE IS NOT -mE INTENDED REClPIENT. OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DEUVERING TIlO MESSAGE TO THE INTENDED REcn'lEN'f. YOU i\RB BllREBY NOTlFJED THAT ANY DISSEMlNATION. DISTRIBUTIoN. OR COPYING OF TillS COMMllNICA1:ION IS STlUC1LY PROHllUTED. IF YOU HAVE RECEIVED THIS COlvIMUNlCA.TION ThJ" ElmOR, :rLE.A.SE NOTIF"(VS IMMEDIATELY BY TEl.Ef'HoNS AND RETURN 'IRS ORIGINAL MESSAGE TO US AT THI> ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. "" . F.b-IS-Ol 12:0Spm From-Dickie McCamey ana Chilcote + T-409 P,0021o07 F-22! LAw OWICES OF DICKIE, MCCAMEY & CHILCOTE A .PRQFR.'U.IONAL COJlPO;RATlON 'I\vo PPG PLAc"" SllrrE 400 PtrrsBURGH, rENNS"tLVANJA 15222.5402 WWW"DMClJI,W.COM TEL. 4121281-7272 Ii..", 4Im~2.5367 NEW lERSEY OHIO 009/844-7744 740/284-1082 PI.ULADELPflIA 215/925-2289 WF...q-VlltGfNIA. 3041233-1022 Scott D. Clcmomts Attorney-at-Law Admluc:d in l' A&: WV 4121392.5317 c1emcns@dmclaw"c:orn February 15, 2001 Via Facsimile (717) 240-6462 Court Administrator Cumberland CoUnty Courthouse I Courthouse S,!uare Carlisle, P A 17013 Attention: Beck)' Re: Bruce G. Vandergriff and Sandra Vandergriff, v. Charley Transportation, Inc. and William W. Harris, Jr. Case No.: 5188-;2000 Our File No.: Dear Becky: l'reIiminary Objections filed on behalf of the Defendants were heard on February 14, 2001 before Judges Hoffer, Oler, and Gllido_ I am enclosing a letter briefwbich I would kindly ask for you to copy and pass along to each of the Judges Thank you very kindly for your assistance, Sincerely, bJ~ ./.' Scott D. Clements SDC\dmvw Enclosure cc: Ron S. Chima, Esquire (w/encl.) John T. Pion, Esquire ~.. , ~ ~ ~"' ~. , i .. Feb-I5-01 12:06pm From-Dickie McCamey and Chilcote + T-409 P.00l/007 F-221 LAW OFfICES or DICKIE, MCCAMEY & ClllLCOTE A. PROn:sSIONAL COlU"ORADOJII Two nG P.LA.CJ; StlJTE 400 PmSBDRGH.PmNSYI.VANL\ 15222-5402 WWW.DMCLAW.COM TEL. 412/281.7<72 FAX. 4121392-53G7 N..:w J,zltsE,/ OHio 609/844-7744 740/284-1682 W=V1RmNlA 3041233.1022 PmLADELt'HlA 215/925-2289 Scott D. Clcmcnnl Anom~Y'ilt..Law I\dmitr.:!d in l' A & WV 412/3n-5317 ckmens@dmclnw.com February 15, 2001 Honorable Judge Hoffer Honorable Judge Guido Honorable J udgc OIer Cumberland County Cour1house I Courthouse Square Carlisle, P A 17013 Re: Bruce G, Vandergriff and Sandra Vandergriff, v. Charley Transportation, Inc. and William W. Harris, Jr. Case No,: 5188-2000 Our File No.: 235597 Dear Your HOnors: Preliminary Objections filed on behalf of the Defendants were heard in Argument Coun on February 14, 2001. Many of the questions posed by the Court to the undersigned concerned the potential waiver of the statute of limitations by Defendants' filing of entry of appearance and rule to file a complaint, I wanted to bring the Court's attention to the case ofBavshore v. Jackson, 223 Pa. Super. 568,302 A2d 438 (1973), a copy of which is attached hereto, wherein the Court held that the entry of an appearance on behalf of the defendant did not constitute a waiver of the right to challenge the opposing party's failure to effect proper service of a writ of summons. Further Pa.R.C.P 1012 provides, in pertinent part, that an "appearance shall not constitute a waiver of the right to raise any defense including questions of jurisdiction or venue." Thank you very much for your consideration of this matter. SincfrelY, -. )7 JM3II JJ_ ~ /Scott D. Clements SDC\dmvw Enclosure cc: Ron S. Chima, Esq. (w/encl.) ~~ ~ . .. f,b-I5-01 12:06pm from-Dickie McCamey and Chilcote 302 A.2d 438 (Cite as; 223 Pa.Super. 568, 302 A.2d 438) < KeyCite Yellow Flag> Superior Cour!; of Pennsylvania. Whitie P. BAYSHORE, Appellant, v. William W. JACKSON and Edward Cherrington, Appellees. March 27,1973. Plaintiff, who was injured in automobile accident began an action in trespass by issuance of writ of summons which was never served on defendants. The Court of Common Pleas, Chester County, No. 227 July Term, 1968, Carl B. Shelley, J., S.P., entered jud",oment for a defendant, and plaintiff appealed. The Superior Court, Philadelphia District, No. 1010 October Term, 1972, Jacobs, J., held that w):lere writ of 8UlIIIIlOns was never served on defendants, even if filing of writ tolled statute of limitations, it only tolled it for two years from date of filing; and thus, plaintiff's failure to do anything further for two years was fatal to her claim. The Court fu:rth~r held that entry of appearance for defendant for purpose of getting a complaint on th" record so that answer, in which statute of limitations would be pleaded as a defen.se, could be filed did not constitute waiver of statute of limitations. Judgment affinned. West Headnotes [1] Litnitation of Actions e=- 119(3) 241k119(31 (Formerly 241k19(3)) Where writ of summons was never served on defendants, even if filing of writ tolled statute of limitations on action in trespass, it only tolled it for two years from date of filing; and thus plaintiff's failure to do anything further for two years was fatal to her claim. [2] Limitation of ActioIlS e=- 175 241k175 Entry of appearance for defendant, in case in which writ of summons had been issued but ~,~ t T-409 P.Oo4/007 f-221 Page 1 never served on defendants, for purpose of getting a complaint on the record so that answer, in which statute of limitations would be pled as a defense, could be filed did not constitute waiver of statute of limitations. Pa.R.C.P. No, 1012, 12 P.S. Appendix. [3] Appearance <F> 5 31k5 Where, though no address appeared on an order of appear82lCe for defendant, address did appear on the praecipe to rue a complaint which was lodged at same time and for puxpose for which appearance was entered, :rule acquiring that appearance state an address at which papers might be served had been adequately complied with. Pa.RC.P. No, 1012, 12 P.S. Appendix. "'569 ....438 Frank J. Marcone, Media, for appellant. C. Richard Morton, West Chester, for appellee, William W. Ja<>kson. '"568 Before WRIGHT, P.J., and WATKlNS, JACOBS, HOFFMAN, SPAULDlNG, CERCONE: and PACKEL, JJ. "569 JACOBS, Judge: On April 28, 1967, appellant was injured in an automobile accident. She began an action in trespass by the issuance of a writ of summons on August 8, 1968. The writ was never served on the appellees. Nothing more appears on the record Ulitil January 20, 1970, when an attorney entered an appearance for appellee, William W. Jackson, and immediately caused a rule to issue on appellant to ;tile a complaint in 20 days. No complaint was forthcoming and on May 6, 1970, Jackson's attorney again :ruled the appellant to file a complaint within 20 days. On October 2, 1970, 2 years 55 days after iSSuing the writ of summons, the appellant filed her complaint. In his answer Jackson pleaded the statute of limitations and moved for summary judgment 60 far as the personal injuries were coru:e:med. The lower courl entered judgment for Jaokson as to appellant's Copr, .. West 2001 No Claim to Orig. U.S. Govt. Works Westlaw ..."" ~-- . Feb~5-01 !2:06pm From-Dickie McCamey and Chi Icote "~' 'C' .', _,_ . ~.~"""~ + T-409 P,006/007 F-22! 302 A.2d 438 (Cite as: 223 Pa.super. 568, '"569, 302 A.2d 438, ....438) claim for personal injuries. """439 [1] In her appeal appellant first argues that the filing of the writ of summons on AU/lllst 8, 1988, tolled the statute of limitations. However, we do not find J.t necessary to answer that question because, assuming that it did toll the statute, it only tolled it for 2 years from August 8, 1968, because it was Dever served on the appellees. Mangino v. Lieber, 442 Pa. 594, 277 A.2d 823 (1971); Zarlinsky v. Laudenslager, 402 Pa. 290, 167 A.2d 317 (1961). Appellant's failure to do anythi.ng withi.n those 2 years was fatal to her claim. %570 [2] Appellant further argues that a general appearance was entered for Jackson and that such appearance effectively waived the statute of limitations. While that was the rule, some years ago, recent case law and the Pennsylvania Rtiles of Civil l"rocedure have modilled it. PaR.C.P. No, 1012, 12 P.S, Appendix, now provides that '(a) party may enter a written appearance which shall state an address within the Commonwealth at which papers may be served. Such appearance shall not constitute a waiver of the right to raise any defeMe including questions of jurisdiction or venue.' In MoI18.(:o v. Montgomery Cah Co" 417 Pa. 135, 208 A.2d 252 (1965), it was held that defendant's appearance to rule plaintiff to file a complaint did not waive defendant's right to challenge venue. The Court felt that s.ince the defense had to be raised by prelintinary objection, and such objection could not be made until a complaint was tiled, it would be unjust to penalize defendant for appearing to request the filing of a complaint. Since the statute of limitations as a defense must be raised by answer, it woulil be similarly unfair to hold that an appearance entered for the purpose of getting a complaint on the record so an an5wer could be filed was a \vaiver of the defense. The second sentence of Pa.R.C.P. No. 1012 was added in 1966 to bring the rule into conformity with Monaco. Page 2 address at which pap8:l"S might be served. Although no address appeared on the order of appearance, it did appear on the praecipe to file a complaint which was lodged at the same time and for the pW"pose of which the appearance was obviously entered. This is an adequate compliance with the rule. Judgment affirmed. END OF DOCUMENT [3J It might be suggested that the appearance herein entered did not comply with the requirement of Rule 1012 that it state an Copr. .. West 2001 No Claim to Orig. U.S. Govt. Works ,~-- Wes-tla.w ,-...... "~ ; Feb-iS-OI 12:0Spm From-Dickie McCamey and Chilcote - '" ~ + T-409 P.OOS/OOT F-221 438 Pa. 302 ATLANTIC RBPORTER, 2d SERIES :!:331Jrd;nJ)(>!". ;>(..." Wbltle P. BAYSHORE, Appellant. v. William W. JACI<SON and E.dward Cherrington, ApPElllees, :'ltlwL'iul' COl1rt of 1'l'Jlll~~.b"1Ili;1" )dnl.C'h 27, 107:-t, l'laim.iif. wno wa!:l. injured in automo. llile 'lccidcnt hegan Hll a<;~ioi'1 ill trC5p:l!i~ ll)" i;;~t.mllcc oi writ of ~ummOI1S which was never 5~T\'cd un <1efcl1dal1t:-i, l~he Court Qf Common 1'1~as, Che~tc;:r Coumy, No, ?')i Ill1\- Term, 1968, Carl IJ. Shelle)', J., S. P" 'em"ered .iud~n)el1r for t-l rlefendant. Rnd plaintifl appealed, The Superior Coun, Phili:l.delphia Distrit;t, Ko, 1010 October 'teflll, 19~2, J(icobs, J., held that \\'here \\'rit of SI1n1!1l(ll\S \\'a5 neyer !:\l.:rved 011 de~ fL'n<.hillt~, c\'en if filing of writ tolled ::;tat- tHe: of limitations, it only tolled it for tWo yt::;\rs from da,ti; Qf filing; and tht1~, pla.in- tiff,.. r<\ilurc tu do nnythint; !ul'Iher for t,\ n : .:'ar: \\",-l.:; htal to he!' elailll, The COlln iurth~r held that entry oi appear. ;\!lL'<; for defcndant for p~lrJ'losc of getting- ;, C01llp]i1.i.11{ un tne rel:ord 50 lh:it ans'wcr, ill \\"I1Icll :;tOitl1h' (.'i hmil(l.\iom wOllld hi.;' ple;.lLi~d <1.5 a dc-fl:n~~', cOtlld he filed did nOl ,;:ol1:i~inlt..: Wl:LiYcT or 5[-,LII1t~ of limlt;,u;(ll1:=., Jlld~1lltlH ,\Hirrn~.cl. 1. Limitation of Actions ~1,19(3) \,'her..: "Tit of :-itlmmQn~ w:u; Ilo:'V('r :-(1"\"..''.1 011 ddl:lH.ll:Lllb, l.:y,:"n 1f filing' of writ l"J11ed statute uf limitations 011 action hi lrL~jJi:l::;S, II only tolled il: for twO y'ean: iTrjm di\t<:;; l)f jjllHJ:!: :.nrl thl1:-> plaintiff':: L,;\urr:: tt:. c.lu l.tll~"thi!~~ ftlrrhH for two 'o\rs wa:i jat..l to }wr c:h,im. 2. Limitation of Actions e;:::.175 Ern.} oi apr..:(\rnl'<'(. f(lr dd,,'nclant, ill ..':1:''; 11) whi!:11 \\'ril: oi :>tlmmal1~ h~~d lIeul :.~:-\1l.:(1 I'llt lll:l'..'r :,,'T'-"':.cJ (,11 deicndanu:" for l',l1"j"")~L. ,.,r ~c:nill:: ;l ((lmpbllll 0)11 thl.' n;':"T,l ..... \11:\\ :ll'I~'\'l';", ill \\"hich :->l:lluto.: I.d L..- limi[adolls would he pled a~ a defeIlse, could 1)~ filc:d l.1id. not constitute wai\'er of l>tCl.tutt of 111lliUllion:il, Fa,R.C,P. NOr 1012, 12 P.S. Appcncli~. [1] In thaI the f AugUSt S, tions. He sar)' to <!. sumjng th wIled it i hecause j{ lees" Z\-1a A,2d 823 ger, 402 Appel1anr those 2 yc; 3. Appearance G=l5 \\'hen\ though no addre5~ appc~Ted 011 an ordeI' of appearance for ddendant, ad.. dress did iLppcar on the pl'aecipe to fit..; a complaint whieh \\'as lodged at same rime a.nd for pUI'po~c: of which appcil.ri:l.nC:t: was emered, nIle ;~c;:ql,iring lhaL appearanc:e State an a.ddl'~S~ at which p...pt:r::i. migh~ Le se1'\'cd had hClm ad('quatel;' c.omplied with. P".R.C.p. ;1;0. 1012, 12 p,~, Appendix. [2] A general "- SOn and \vaivl;'d t1 that \Va!:> case Ja.w Civil Pro p, No, ]1 vides tha appearan\ within th may be s' constitute any defer tion or y( Cab Co"' jr was- hL. rule phi waive: de Tnt Cou to be rai !iuch 011)' comp!<;11r. penalize ClUC~,( thi; stamre 0 raised by fair to h, [he purp r~t:ord :';: waiver c ttnee of 1966 to ; A! nnacn. Frank .T, :1Ia1'cone, ;lIcdia, for appell.nt. e. Ric1-EHd 1\101'ton, \\'CSt Chc~te1', for appellee, \Villiam \V, Jac1-:son, Before \\'R1GHT. P. J., and \VAT. Kr~S, J,\COBS. BOFnlA;\", Sp,\U_D. l:\C. CERCO:\E and P,\CKEL, JJ. J ,\COBS, .hldge: Un ,\prd .2~, 1967, Olppellril.1H "as injurl::d , in :1,11 Hutcl1r1oJld\c- accident, Sh.:: Leg-a1' ':"1\ ::tl..":tlU!I in u'':.Sp..I:,$ hy th~ i~sua.nc..: ot ;-!. wrir o{ s.1.t1llmot1~ on :\ugIlSt S, 1968, The writ wai ne\,l;!r ~cn'l:d on the app(.'llee~, Xoth- ing' rnaTl.: appeal'S 011 the record unciJ ,Taml- al'Y 20, 1970, when an attorney l:l,rered an :lppl'<l.rallCl' for <lppdle-c:, \Villiam "', Jac.k- :,(d1. ,'\11c.l inllnt:dimd>. C~Hl:;,("d ;1 1'l1le. to 1~~\lL: 011 appeIlam to fik' :-1. t:Dmplnim jll 2ll da~.:i. :\0 complaint was ionhcomill~ i:1l1d on ),hy (), Il)i'll, Ji:\ChOll'~ at~orne:" a~:til1 rl.ll~tl \he =...ppL'llJ.nt tc.. fik a cornphltnt within 111 chiy!=-. On Octollt;'r 2, 19;-11, :; n'a"~ ,~~ dOlY:'> ::d{l'r l:>:.t.dJ)f.:' the wri.t of ~tl1nlTlon~, the :1.pPt:;l1am iikd ha cOnlpluim, In "his anS\\'(,l' Ji'\.:k!l-oJl l,lo:'ad~u Lhc fol::1im..' uf lirnit::l.dol1":' :llH.l 111on~d for .:ol1TI~ni<\ry jUUi-:'ll1l'm :-II,) tar a:' the p~.rl\onal in.illJ'i"::i Wl'r..' ((In.:erncd,, Tho.: lu\\'er C'otlrt rl,t('red jlld;mvlU for .fack:oOll ll~ m ailildl~.~;~'.. ..'lltim ior T'('L...m:1.1 illjl.lrio::,,, [3J pcu<,nt~ '" If_ T-409 P.OOT/OOT F-ZZI NIEMIEC v. PORT AUTHORITY OF ALLEGHENY COUNTY Pu. 439 CI t'" ;v<. f';I.:o\n p..t.., 311~ .\.~d ...~!l (11 tn her ;;lppeal nppcllanr. iil'~t urg-\lC!i with the teq1.1iremcnt or Rll]C 1012 ~hC!.( it that lh~ filing of the ,...'rit of summOTlJ; on 'State an acl.dre:ois ~1t which p;Lpcrs mi~h( l.h: .-\Ug'\lst 8, 1968, tQlled the starutc ai limit)).- scrved. :\lthough no addr~s5 :;Lppcar~d on lioIa. Howt:\'er, \"c da not find it neC:es- the order of appC:;:l,nl.n~e, it did appe~r un sary to anSWer that qLlestion hecause, 3::;- the praecitJe to fill;: a complaint which was $L1ltlin.g- that it did toll the statute, it onl)' lodged at the :;ame dml.;. ::tml tor the: p\lr- tolled it tor 2 yea.rs from A\\guSt S, 1968, po~e of which the appearance Wa:; Qln';ol1~~ be<::aus~ it was never se:r\'E:d on (he appc1- 1;- emered. This j~ <.ul adeQll<ltc cl)mplianc:e lees, ~rangino v, Lieb~r, 4-\.2 Pa_ 59-+, 27i with the rule. :\.2d 823 11 <);1); ZarJinsk)' v. Lau<lensla. ger. +02 Pa_ 29{I, 16i A.2d 31, (1961). J1.,ldgmem (Lfiirrn.:d_ ..\ppellanr's f:!ilure IO do anyIhing \,,'ithin tho!>!; Z :rears \Va:;. latal to her c;laim. ./ Feb-rS-GI H I Z :GTpm From-Dickie McCamey and Chi Icot. + ;t.; ,l ,~~ f...-n::<:, cure w,'/il'er o! c.P. :\0. In12, :~~ :,PP'::lrl.:,j on dc~e:1chn" ad. :I.;,:ip.: tI) iile :1 1 :\l s"trTlC tim\; [.".fh.:;\r:,71LC w:\::> r,c ,\[,pdral\":e ajJ<:1'"i n1i~l1t lot: conlplicd \...i1\1, \P?t.'Dci:-:" [2] Appellant fttrther argues that a ~encral appearance ,vas eoter~d tOf Jack- son and that !:itlch appearance effectivelr waived the StatLHe of limitations_ \Vhilc that was the rul!:, some yc~.s ago) recc:m ta.se faw and the Penm;ylvania Rules of Civi.l Procedure have modified it. Pa.R.C. P. No. 1012, 12 P,s. Appendi~, now pro- vides that 'l[a] pArty may ~nter a written appearance which shaH state an address within the Commonwealth at which papers may be $t;n"e.d. Such appearancl; shall not constitute a waiver of the right to raise any defen5l; including questiotls of jurisdic- tion ar ..,enue," In Monaco v. ,,{ontgomery Cab Co.. 417 Pa. 135, 208 A.2d 252 (1965), it wa~ held that d.efenclant's appearance to rule pla.intift to file .(I. complaint did not waive deiendant's right to challenge venue. The Court felt that since the defense had to be raiscd 'by preliminarj" obje:c:tion, and SLlch objection cOJ.:lld not be marle: until a complaim was filed, it .would be unj ust to penalize ddendnnt fo. appearing to re. ques~ the filing of a complaint. Since: the statute of limitations al;. a defens~ mUSt be raised by an.:;wel", it would be similady un- !air to hold that an appearance entc:rr:d for the purpose of getting' a. complaint on the rec.ord so a.n answer cOl.1.14 be filed wa.s a waiver of the defense" The sccond sen.. tence of Pa.R.C.P. NQ. 1012 was added in 1966 to bring the rule into conformity with Monaco, , tor ,{}Jpcllallt. ;l Ch<.::=.:<::r, for 11, ccc,.j W,\ T- \):. ~ P,\l'LD- :EL. .lJ. l:\t WZ'.5 injured :;h(: l.-'cg-nl1 an cl~l:~l:',: of ~ \\'r~~ 96K Tr".c writ 1~)l.:llee5. :'\.Oth- :0rc. until ,h:llj. 'l-:C~' .::r;Lcred ;-\!': lliiam \V, Jac.k- 1 :~ rttl<'.: 1:0 b:-;tl(: ;(:7:1: it': ]I! C8.y~. ,:::'-,i::~ ;1,".d 01: :lc:::'I;'j-:<,:Y ;;15.:t:1\ I,~, ~l ,;oI11pl,,\int IlJ~~ ~, 19;-1), ::: W ~1;1.; \\":,i[ of i h~'r eOlllpl:-!.int. dfd r;-;c ;,tatLl!~ 1"-:)[" ~l:r'\\-;nary ;,~_~CJ11i:l in,,:I,:r:d :- '':I)t;:"( L::n:er~d [3] It might be suggested thot the .p- pear:.::l.nce he:rein enten:d did not comply =,; Ol?pellJ-n:'s . - -~ .. o IUfl/411>1BERlrHfl'l , ~2;~ Pa,:5111)~1'" -:l:ti Frank NIEMIEC '. PORT AUTHORITY OF ALLEGHENY COUNTY. Original Defendant, Appellant at No, 412 .nd City of PittsbUrgh, Additional Defendant, Appellant at No. 4D6, ~llp('rior CO\lt-C o~ Pt'nn~rh'~nill. )I!lrC'h :..'7, UJ7~. Application tor Alloc::atul' Dc:nied June l~. 1973. Pedestrian who fen through \.....<ilkway on bridge broug'nt 3uir. a~ain5t port author- ity, and port authority joined Clt:r as addi- tional ddendam. The Court of Common Pleas of Alkgheny County, Civil Action, Law, at Xo" 358 Octobc;:. Te.rm, 19i1, John J. MtL~an, Jr., J-, L~ntered jl.ldgment on verdict against both defendants, and dc. fend~nts appealed. Th~ Superior Court, .">.pril Term, 1972, :S05. 406, -112, Pockel. ]., held, lnter alh'l, that evidenc:e presc.r'lted jury question as to contributory nl';:gligence in action which arose when pedestrian fdl through puhlic walkway on trolley bridge on which was posted a notice reading, "Bridge Closcd to all Pedt:strians,'"' but which was nonc=:theless used almost daily by plaintiff arId othe~~ for ten ycarsr during "' ".-," " _ '_',:,,"C"~ _ ." '--['c- ,-,,:c.. ~'-_'h ~, 0 ~ - .. 4 ~ ..... . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5' If"8' 2000 Civil Action - (X) Law ( ) Equity JURY TRIAL DEMANDED BRUCE G. VANDERGRIFF & SANDRA VANDERGRIFF 7101 W.11STHST. WORTH, IL 60482 CHARLEY TRANSPORTATION, INC. 1326 SOUTH MAIN ST. MULDROW, OK 74948 AND Versus WilLIAM W. HARRIS, JR. 2178 ALPINE FAYETTEVILLE, AR 72703 Plaintiff(s) & Addresses Defendant(s) & Addresses PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. --X- Writ of Summons shall be issued and forwarded to ( ) Attorney ( X )Sheriff Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 (717) 234-3700 Names/Address/Telephone No. of Attorney ~rs; ~" ' Sign ture of Atto y C-- Supreme Court ID No. 81916 Date: ,JULY 20. 2000 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. pr~~~no(!:~ -R;{ d Date: <JU'?I;('1. ~ by ~.g,.UA at cLA~ ~eputy ( ) Check here if reverse is issued for additional information '" ""-~"I~~~- ~"- .~ ''f' ",,- ~ , ~- ~ i.l ,1WiI", SHERIFF'S RETURN - U,S, CERTIFIED MAIL CASE NO: 2000-05188 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VANDERGRIFF BRUCE ET AL VS. HARRIS WILLIAM W JR ET AL R. Thomas Kline , Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,CHARLEY TRNSPORTATION INC by United States Certified Mail postage prepaid, on the 26th day of July ,2000 at 0008:00 HOURS, at 1326 SOUTH MAIN STREET MULDROW, OK 74948 , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by 00/00/0000 , on Additional Comments: ITEM RECEIVED UNOPENED AND UNCLAIMED. Sheriff's Costs: Docketing CERT MAIL Aff iciavi t Surcl1arge 18,00 2,99 .00 10,00 ,00 30.99 So answers: /~ 4~--,,~ JR. ~ Thomas Kline Sheriff of Cumberland County Paid by SHOLLENBERGER & JANUZZI on 08/25/2000 . Sworn andsubscri~to before this :3D~ day of ~ J(rVO A.D. ChL-C-~,~ honotary me :"lG '~""""""'__' m. ~_. i_I - _ >o~, I SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2000-05188 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VANDERGRIFF BRUCE ET AL VS, HARRIS WILLIAM W JR ET AL R, Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,HARRIS WILLIAM W JR by United States Certified Mail postage prepaid, on the 26th day of July ,2000 at 0008:00 HOURS, at 2178 ALPINE FAYETTEVILLE, AR 72703 , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by 00/00/0000 , on Additional Comments: ITEM RECEIVED UNOPENED AND UNCLAIMED Sheriff's Costs: Docketing CERT MAIL Affidavit Surcharge 6.00 2.99 ,00 10,00 .00 18,99 sOi?Z~ ~ ~homas t':= Sheriff of Cumberland County Paid by SHOLLENBERGER & JANUZZI on 08/25/2000 , Sworn and subscribed to before me this 30~ day of n.1"~1-' .tfXJQQA . D , ~.--'" ~O 7l.,J",),~ P 0 onotary . ll; S:\PIONJ\vandergriff\coversheet-pld.wpd October 11. 2000 (2:36pm) - c' c_' '''' ';" :"'l, - "~- '- . ~~, -, ,-," '''~, . , ~~i:",- "'.' '," -J;'" < - _ - ,;~'-,-.;- ;_,~<_.', _,;c_ "-',: ,-c:__"'~;""">-~<.,,,',,,,\ ""'~""~'''; T:;, '''::,-';:~, .<'. '~_;d _ v;,' I ~ ,_ ,~-,'_, ;.; , .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs, v. CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR., Defendants. CIVIL DIVISION No. 2000 - 5188 Issue No. PRAECIPE FOR APPEARANCE Code: FiledonbehalfofDEFE~ANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. #43675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED -'~-- ~-" - 0" ,_,,' e,- "",^,-,,~ "":,' ,.-- .'''''.'-..''"''''. ,,~ ','.-"V~',j.",-,~,..< ,"'--"'lei -,1.2 ,-i, "",,,.;.,,"' ~-,___~ . ; ".," IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE G. V ANDERGRlFF, Plaintiff, vs. CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR., Defendants. ) Civil Division ) ) No.: 2000-5188 ) ) ) ) ) ) ) PRAECIPE FOR APPEARANCE TO: PROTHONOTARY KlNDL Y enter our appearance on behalf of Defendants CHARLEY TRANSPORTATION, INC. and WILLIAM W. HARRIS, JR. in the above-entitled action. A JURY TRIAL IS DEMANDED. DICKIE, McCAMEY & CHILCOTE By j,/tr.1!L fur John T. Pion, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 392-5452 Attorney for Defendants "_' ~< .'",", '-~'--'"-, ,,~'- c<,' ',',.;.' '., f. " .__ <~ /"'1':"'>- ;,,'.~ ."-'-'-','-'''~'' ;'',- ." ~ _":,"';C':~ ,,-,'~.,'~' -",,,'-" -c,-<"-",.,,, '_"'~,"__-,,,,,o ---"""! CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that a true and correct copy of the foregoing Praecipe for Appearance was served upon counsel of record by u.s. Mail, postage prepaid this * day of October, 2000. William B. Spiro, Esq. Strom & Spiro 180 North La Salle Street Chicago, IT.., 60601 COUNSEL FOR PLAINTIFF DICKIE, MCC~; & jCOTE By: ~~~~ fp...- John T. Pion, Esquire Attorney for Defendants "".A_" ~~-~~~'~ ~'~'<" "' .,i,,";~,' H,' '," "",",,,,,," """="~] Il'iiiIiilII C c-:i- ,..j c:: C:J I .,. .-:':) -0 r~-:: c; rr~ ".-1 ", Z :T; \2] ~../ ?,. (J"'< ,. ",.l ~ .J t''=J C~ \ -' ,. "'1j , '_,~,: '~',~ ----,--, ~?: -.--- Cj C i"l , > C ::? () ~ ~:.. """ :< "''0 (,) :< ,. ,. ~ >- "' S:\PIONJ\vandergriff\coversheet.pld"wpd October 11, 2000 (2:36pm) , ' -". .," e.' ~'~ ,~,' _"~ ,.""..__~, .~~___"'" --'"~"""".'<"''''''.'~K''' 'O""~'<',, , __ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE G. V ANDERGRlFF and SANDRA V ANDERGRlFF, Plaintiffs, v. CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR., Defendants. CIVIL DIVISION No. 2000 - 5188 Issue No. PRAECIPE FOR RULE TO FILE A COMPLAINT Code: fikdonbehaIfofDEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. #43675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED - '.~ " ~ --'-' ,,- ,~,",-",,~~=",~,,-,,~ "...- """ ~- ~, ,~ ,-~,~~C''''"''''_''<-''''''''''';'''W'''''' "".!"e,," S:\PIONJ\vandergriff\prae rule-pld.frm October 11, 2000 (2:39pm) -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCEG. VANDERGRIFF, Plaintiff, ) Civil Division ) ) No.: 2000-5188 ) ) ) ) ) ) ) vs. CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR., Defendants. PRAECIPE FOR RULE TO FILE A COMPLAINT TO: PROTHONOTARY Kindly issue a Rule to Plaintiff to file a Complaint in the above-captioned action within twenty (20) days from the date of the Rule or suffer a judgment of non pros. A JURY TRIAL IS DEMANDED. DIC~M)C~HILCOTE By: 'fjvt~ tr John T. Pion, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 392-5452 Attorney for Defendants RULE NOW, this It,-I-( day of October, 2000, RULE issued as abov ~ - "H, ',",' S:\PIONJ\BECKER\PRAERULE.fOR October 11, 2000 (2:22pm) ..... CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that true and correct copies of the foregoing PRAECIPE FOR RULE TO FILE A COMPLAINT have been served this ~ day of October, 2000, by u.s. first-class mail, postage prepaid, to the following counsel: WILLIAM B. SPIRO, ESQ. STROM & SPIRO 180 North La Salle Street Suite 2510 Chicago, IL 60601 Attorney for Plaintiffs DICKIE, McCAMEY & CHILCOTE, P.C. By. Urdi (:/ John T. lOn, Esquire Attorney for Defendants .", '", ,__~ '(__~O' ""~ ,~,,::-; " ~ o f~ --:1 f'~" l-Il h ~ it ):> c': z ::< "~~ ~,w _".. ---, - , I r I c,:;, C_..: (:~ ~) "'4 C,'\ ~.,) S:\PIONJ\vandergrifl\coversheet-pld"wpd October 16,2000 (11:38am) . ,. -- 0'< ~ ,""- ~h" '."''vc____..,"__,,~"u__,"-"~"--,, 'i,,~;" :---<';'-!-'--"""""','\",r<,d:,,,,;" ". ...,," '"'.'~"'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs, v. CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRlS, JR., Defendants. I / CIVIL DIVISION No. 2000 - 5188 Issue No. Notice of Service Code: Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. #43675 DICKlE,McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, P A 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED . '_0 ,. -~ .'. -- ~~' . ~.--., '__ ,-*^" "',__,,"-,.t,~ ,"~" >' ,,",,,-,,,,.,, "/~~ "'_,S-,"' " ' ~" ''"'6} , . -.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , Plaintiff, ) Civil Division ) ) No.: 2000-5188 ) ) ) ) ) ) ) BRUCE G. V ANDERGRlFF, vs. CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR., Defendants. NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES AND FIRST REOUEST FOR PRODUCTION OF DOCUMENTS TO: PROTHONOTARY Kindly be advised that First Set of Interrogatories and First Request for Production of Documents were directed to the Plaintiff by service of an original and two copies on or about October --LL 2000. William B. Spiro, Esq. Strom & Spiro 180 North La Salle Street Suite 2510 Chicago,IL 60601 COUNSEL FOR PLAINTIFF DICKIE, McCAMEY & CHILCOTE, P.C. "'\-...., By: \,> \"--. ~iOn, Esq. Counsel fo e ndants "~ '.w,,ij,,"'- <d .~ '" ~ , ;,os" '~ .- o ,; ::;:- rf~; ~,:: .-',e,_ "~:rl..' (.0,::: C-) -< ~~:, G:~'.' o".;:C .<___,n, s:.;~; (.oJ :':1 :'..) -~ 'j S:\PIONJ\vandergriff\coversheet-pld"wpd October 26,2000 (2:01pm) '~ ',.' ~~~"'~"~~,' ~'~:""""''''~',~'''',,~",c,,",-- .',J> , =,";.""!".-,'"""".fio,"--",M'W',,,';"'~i+..,,, ",__".,'"", ,,'" ,,,:,,,~,,;!-; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE G. V ANDERGRlFF and SANDRA V ANDERGRlFF, Plaintiffs, v. CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR., Defendants. CIVIL DIVISION No. 2000 - 5188 Issue No. Affidavit of Service Code: Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. I.D. #43675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED '<"Ie" -,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , BRUCE G. V ANDERGRlFF, Plaintiff, ) Civil Division ) ) No.: 2000-5188 ) ) ) ) ) ) ) vs. CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR., Defendants. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: : ss COUNTY OF ALLEGHENY Before me, the undersigned authority, personally appeared John T. Pion, Esquire, who deposes and says that he mailed the original RuIe to File a Complaint in the above entitled action to Ron Chima, Esq., Shollenberger & Januzzi, 1820 LinglestoWD Road, Harrisburg, Pennsylvania 17110 on or about the 23rd day of October, 2000 by Certified Mail, Return Receipt Requested. A copy of the signed Return Receipt is attached hereto and marked Exhibit A. ~-- By: SWORN TO and, subscribed before me this Vb day of October, 2000 l /J ~~ Notary Public Notarial Seal Nanette lemmon, Notary Public Pittsburgh, Allegheny County My Commission Expires Dec. 16,2002 Member, Pennsyrvtmia ASllocia!ion of Notaries <" c" -,-~ 1. Art~~sedcA ,miL t l ~~. \::::n 0 III n~ r- L l rJ D ~1')p..(j'~W;eo( ~b..vr1L /7/1 D o Agent [J o v.. DNa 3. Service Type ~ified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail [J C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Micle Number (Cop~; from service IOOeO 7f}() I:> fl.f 70 Ot:JQ 0 -6/~.:1 . f16 f~1'l' ~81 ~,iffY 1~9~ " i Bf'f'fiI"!< ,,","Ue..i!9l ~q9..s 1025SS.Q,HlI_ EXHIBIT A - - -- -." '-^"-'--'O~'~" ~ .00- --~".-" "^'~-""O"'_ '_'_~~"..>__'.,., -'V"--"~~_ , ,'~'.,~,"<,-- CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that a true and correct copy of the foregoing Affidavit of Service was served upon counsel of record by U. S. Mail, postage prepaid this .31 day of October, 2000. Ron Chima, Esq. Shollenberger & Januzzi 1820 Linglestown Road Harrisburg, P A 17110 COUNSELFORPLAlNT~ DICKIE, McCAMEY & CHILCOTE , c ~ 'i' -,,' ~ I I SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGLESTQWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 www.sholijanlaw.com , .0', ., .'~ " -- " - "" ,~ -----~ '-,;' - ;,,', -;: - ~." - "",,",, ,',.., , -, , "-'",''':)'" , ., ~ iIil.w,! SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P,O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes. usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda Y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado Y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas Y puede entrar una orden contra usted sin previa aviso 0 notoficacaion Y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SHOllENBERGER & JANUZZI, llP 1820 L1NGlESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 www.sholljanlaw.com ,.. c ,-,="".'- ", , "--?-"--'.,", SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW come the Plaintiffs, BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, his wife, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and do respectfully represent the following: 1. The Plaintiff, BRUCE G. VANDERGRIFF, is an adult individual who currently resides at 7101 W. 155th Street, Worth, Illinois, 60482. 2. The Plaintiff, SANDRA VANDERGRIFF, is an adult individual who currently resides at 7101 W. 155th Street, Worth, Illinois, 60482. 3. The Plaintiffs, BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF are husband and wife. 4, The Defendant, CHARLEY TRANSPORTATION, INC., is a transport company with a last know location of 126 South Main, Muldrow, Oklahoma. 5. The Defendant, WILLIAM W. HARRIS, Jr. is an adult individual whose last known home address is 2178 Alpine, Fayetteville, Arkansas, 72703. 1 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106.Q545 (717) 234-3700. FAX (717) 234-8212 www.sholljanlaw.com , -,'-'1 ':1 6. The facts and circumstances hereinafter set forth took place, at or about 1 :11 PM, on July 29, 1998, at the 1-81 Northbound Rest Area, MP 37, approximately 9 miles south of Carlisle, in Penn Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, the Plaintiff, BRUCE G. VANDERGRIFF, was the operator of a 1995 WGMC Flatbed Tractor-Trailer, owned by COMPASS ENTERPRISES, INC., bearing Ohio registration plate P2ES6B. 8. At the aforesaid time and place, the Defendant, WilLIAM W. HARRIS, JR., was acting as the agent, servant, and/or employee of the Defendant, CHARLEY TRANSPORTATION, INC., and was operating a 1993 Kenworth Tractor-Trailer, bearing Oklahoma registration plate IGE293, within the course and scope of the agency, and/or employment relationship with the Defendant, CHARLEY TRANSPORTATION, INC. 9. At the aforesaid time and place, the tractor-trailer operated by the Plaintiff, BRUCE G. VANDERGRIFF, was pulling into the above mentioned rest area and in the process of slowing down to park, 10, At the aforesaid time and place, the tractor-trailer operated by the Defendant, WILLIAM WAYNE HARRIS, JR., was also pulling into the above mentioned rest area, in his course and scope of employment for the Defendant, CHARLEY TRANSPORTATION, INC., and was traveling directly behind the Plaintiff, BRUCE G. VANDERGRIFF, 11. At the aforementioned time and place, as the tractor-trailer being operated by the Plaintiff, BRUCE G. VANDERGRIFF began to slow down, the tractor-trailer being operated by the Defendant, WilLIAM W. HARRIS, JR., in his course and scope of employment for the Defendant, CHARLEY TRANSPORTATION, INC., violently impacted with the rear of the Plaintiffs tractor-trailer as it was pulling into the above mentioned rest area. 2 SHOLLENBERGER & JANUZZI, LlP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717)234-3700. FAX (717) 234-8212 www.sholljanlaw.com ,", .~~, ;,- ~ ". ","-'-, _.oi:'] 12. As a direct and proximate result of the aforesaid collision, Plaintiff, BRUCE G. VANDERGRIFF, has suffered serious and permanent injuries, and complications therefrom, including but not limited to the following: (a) Severe strain and sprain of the muscles, tendons, ligaments and connective tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendons, ligaments and connective tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendons, ligaments and connective tissues at or about the lumbar spine; (d) Thoracic myositis; (e) Thoracic! cervical somatic dysfunction; (f) Shoulder pain; (g) Right arm pain due to cervical radiculopathy due to herniation at C5-6; (h) Foraminal narrowing at C-3 and C-4, and C-5 and C-6; (i) Posterior disk herniations at C3-7; 0) Shock to the nerves and nervous system; and (k) Mental and physical anguish. COUNT I BRUCE G. VANDERGRIFF v. CHARLEY TRANSPORTATION, INC.. and WILLIAM W. HARRIS. JR. 13. Paragraphs 1 through 12 of the Plaintiffs' Complaint are hereby incorporated by reference as fully as set out herein. 3 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717)234-3700. FAX (717) 234-8212 www.sholljanlaw.com . i"',- "'_"''- _~,_ _', ,-, " '~ 14. The aforesaid serious and permanent injuries were a direct and proximate result of the willful, wanton and negligent conduct of the Defendant, WILLIAM W. HARRIS, JR., in his course and scope of employment for the Defendant, CHARLEY TRANSPORTATION, INC., in operating his tractor-trailer in a willful, wanton, careless, reckless and negligent manner as follows: (a) In following more closely than is reasonable and prudent, in not having due regard for the speed of the vehicles and the traffic upon and the condition of the highway in violation of 93310 (a) of the Pennsylvania Motor Vehicle Code; (b) In operating his vehicle at a speed greater than existing traffic conditions would permit the driver to bring his tractor-trailer to a stop within the assured clear distance ahead, in violation of 9 3361 of the Pennsylvania Motor Vehicle Code; (c) In failing to have his tractor-trailer under proper and adequate control; (d) In permitting his tractor-trailer to collide with that of Plaintiff, BRUCE G. VANDERGRIFF; and (e) In operating his tractor-trailer in a careless manner, in violation of 93714 of the Pennsylvania Motor Vehicle Code. 15. As a direct and proximate result of the aforesaid serious and permanent injuries, Plaintiff, BRUCE G. VANDERGRIFF, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 16. As a further result ofthe aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has suffered and may continue to suffer a loss of earnings and earning capacity for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has incurred and may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed. 4 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD. P ,,0. BOX 60545 . HARRISBURG, PA 1710S.QS45 (717) 234-3700. FAX (717)234-8212 www.sholljanlaw"com .,;, ~ -, ., ~'" ,," .,- 18. As a further result of the aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. 20. As a further result of the aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has and may in the future incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. Section 1719. WHEREFORE, Plaintiff, BRUCE G. VANDERGRIFF, demands judgment against the Defendants, CHARLEY TRANSPORTATION, INC., and WilLIAM W, HARRIS, JR., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II SANDRA VANDERGRIFF v, CHARLEY TRANSPORTATION. INCH and WILLIAM W, HARRIS. JR. 21. Paragraphs 1 through 20 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 22. As a further result of injuries sustained by him, his wife, Plaintiff, SANDRA VANDERGRIFF, has been and will be deprived of the assistance, companionship, 5 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234.3700. FAX (717) 234-8212 www.sholljanlaw.com -;',-,,',', "",,,", ."""," _ " ; ";' ,-' 'h';, , '__'~ ", _ _ ~ consortium and society of Her husband, all of which has been and will be to her great detriment and loss for which damages are claimed. WHEREFORE, Plaintiff, SANDRA VANDERGRIFF, demands judgment against the Defendants, CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: --JA!/61V on . C ima, Esq. Attorney I.D. No. 81916 Dated: November 29, 2000 6 SHOLLENBERGER & JANUZZI, LLP 1820 LlNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 www.sholljanlaw.com " >.-"~ -6__,,",' " ' , ,;~ '-^"";~'<' "; .f_"~' .<,',<,< "... ,.'- SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED I, Ron S. Chima, being duly sworn according to law, deposes and says that he is the attorney for the within Plaintiffs, that he is authorized by Bruce G. Vandergriff and Sandra Vandergriff to make this Affidavit on their behalf, and that based on information supplied by the Plaintiffs, they believe that the facts set forth in the foregoing Complaint are true and correct. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP B~~ Attorney I.D. No. 81916 Sworn and subscribed before me this 29th day of November 2000 NOTARIAL SEAL Marissa J. Shollenberger, Notary PublIc Susquehanna Twp., Dauphtn Counly My Commission ExpIres Dec. 23, 2002 SHOLLENBERGER & JANUZZI, LLP 1820 LlNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 WNW.sholljanlaw.com " SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification of Plaintiff, Bruce G. Vandergriff, for the Affidavit of Plaintiffs' counsel to the Complaint in the above-captioned matter. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: ~~ #. S. Chima, Esq. Attorney I.D. No. 81916 Dated: December 12, 2000 SHOllENBERGER & JANUZZr, I.l..P 1820 llNGlESTOWN ROAD. P.O. BQX60545. HARRISBURG. PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 www.shol1janlaw.com ,,"d C ,," , ',"'~ --',:' ,',',.-,- " '.;" -;<,~-' ~_' ~::":""'>'i",:",',:~: Go..',.''':: ","-, ~~ , c__ ",,,,,,,", """.-:;"",", ,__<"0,, VERIFICATION I, Bruce G. Vanderqriff, hereby acknowledge that I am a Plaintiff in this action and that I have read the Corrplaint and that the facts stated herein are true and correct to the best of my knowledge, information and belief, I understand that any false statements herein are made subjectto penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~ Date: /cX/;;{;b6 fuLVbfj ~ Bruce G. Vandergriff SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTQWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 SE'r_UPS.DOC\VERIPICATION --. ,~" --,'- ~ "'- -'- ,",j-',-,',', ""-,~--" ;'",",:''"-'<'',0 '-',~;~'..--:';N~ --~:,',';.,:,~,":~/,-j,:"'~-'::";';"~;<,c.:;o.~--" ' c.'~' ',':, SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O, Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 12lh day of December, 2000, I hereby certify that I have served the following Praecipe to Substitute Verification on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: John T. Pion, Esq. Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Respectfully submitted, SHOLLEN ERGER & JANUZZI, LLP By: Ron Ima, Esq. Attorney 1.0, No. 81916 Dated: December 12, 2000 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 www.sholljanlaw.com ,- ,,,,- ~ ~' ~ __ ,~ ','c..= '~', ,', 0 ,'_,__ ''-- -- - -"""""..00 '. ,..", _,,," "'""",,,.,,,i_e'-' ,,_"__' ,'L ~~, ~ ), _' ,;- , '",::," _ _ '/.' ""~"__,I 5188 OF 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA BRUCE G. V ANDERGRlFF and SANDRA V ANDERGRlFF, Plaintiffs ) ) ) ) ) ) ) ) ) ) ) Case No.: 5188-2000 v. CHARLEY TRANSPORTATION, INC. and WILLIAM W. HARRIS, JR. Defendants ORDER OF COURT AND NOW, to wit, this _ day of , 20_ upon consideration of the within Preliminary Objections filed on behalf of the Defendants, it is hereby ORDERED, ADJUDGED and DECREED that the Preliminary Objections are GRANTED, and Plaintiffs' Complaint is dismissed with prejudice. BY THE COURT: J. 9 .. ,,', "",',, " -- ,,' -;'--~.-,",')- "~,j.:,--,--:-. ",' .'" ," ,;.' ",",'" , '--- -." <>,," , ~', -' ',~] 5188 OF 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE G. V ANDERGRlFF and SANDRA CIVIL DIVISION V ANDERGRlFF, Plaintiff, v. CHARLEY TRANSPORTATION, INC. and WILLIAM W. HARRIS, JR., Defendant. NOTICE TO PLEAD TO: Plaintiff You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a judgment may be entered against you. .J.. 1 - By filorl/LA T /~ J T. Pion, Esquire No.: 5188-2000 Issue No. PRELIMINARY OBJECTIONS, BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS AND ORDER OF COURT Code: Filed on behalf of Defendants, Charley Transportation, Inc. and William W. Harris, Jr. Counsel of record for this party: John T. Pion, Esq. Pa. I.D. #43675 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED ~ '-. ','~ ,;. :;, '.~.., '0 ," , ~ ," " .- ,) ,,~-,-' ",,' '~ ",-'- j', '''''. ,-,;''i,-';:'' 5188 OF 2000 IN THE COURT OF C0IVll\.10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs ) ) ) ) ) ) ) ) ) ) ) No.: 5188-2000 v. CHARLEY TRANSPORTATION, INC. and WILLIAM W. HARRIS, JR. Defendants PRELIMINARY OBJECTIONS, BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS AND ORDER OF COURT AND NOW, come the Defendants, Charley Transportation, Inc. (hereinafter "Charley), and William W. Harris, Jf. (hereinafter "Harris"), by and through their counsel, Dickie, McCamey & Chilcote, P.C., and file the within Preliminary Objections, Brief in Support of Preliminary Objections and Order of Court pursuant to Rule 1028(a)(1) of the Pennsylvania Rules of Civil Procedure, and in support thereof, aver as follows: PRELIMINARY OBJECTIONS 1. The within lawsuit arises out of a motor vehicle accident that occurred on July 29, 1998. (See Plaintiffs' Complaint, attached hereto and made a part hereof as Exhibit "A"). 2. Plaintiffs initiated this lawsuit by filing a Praecipe for Writ of Summons on April 24, 2000. (A true and correct copy of the docket from the Cumberland County Prothonotary's Office is attached hereto and made a part hereof as Exhibit "B"). ,c ';,;0..' ;,'..- ~ C'--"-.h 'q' ",.>.'~"-:,,, -"', " . ;,,",>, ,', .,"'- ~,- '-~ - -, ; -, --, ,,~ ,'." '"'~', 5188 OF 2000 3. The docket indicates that on August 25,2000, the Writ of Summons to be served upon out-of-state Defendants Charley Transportation, Inc. and William W. Harris, Jr. were returned unopened and unclaimed. 4. According to the docket, Plaintiffs never attempted to reissue the Writ, and there have been no other attempts to serve the Defendants with original process. 5. The statute of limitations in this matter is two years. 42 Pa. C. S. A. 9 5524. Therefore, the statute of limitations expired on July 28, 2000. 6, On December 4, 2000, after the expiration of the statute ofIimitations, Plaintiffs filed a Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. 7. Pursuant to RuIes 403 and 404 of the Pennsylvania Rules of Civil Procedure, Defendants have not been properly served with original process, whether by Writ of Summons or Complaint. 8. Rule 1028(a)(I) of the Pennsylvania Rules of Civil Procedure provides that Preliminary Objections may be filed on the grounds of improper service of a Writ of Summons or a Complaint. 9. In the present case, Plaintiffs have never properly served the Defendants with a Writ of Summons and/or Complaint. 10. Pursuant to the Pennsylvania Supreme Court decision in Lamp v. Hevman, 469 Pa. 465,366 A.2d 882 (1976), Plaintiffs' Complaint in this matter should be dismissed with prejudice. 2 -''''.' ",'.,.>' ,-","j_o,:,'" ,;' . ,__',l<';'";';";;;:]~'.i.;~'"'h',"',..', ;'-\";',;,Wr..;,..'""'_,, ',!,' .:,:,1,' _.",--"". ",'",-" 'i _ - '.' '<,I ",'>2k:"t 5188 OF 2000 WHEREFORE, Defendants, Charley Transportation, Inc. and William W. Harris, If., respectfully request that this Honorable Court enter an Order granting the within Preliminary Objections and dismissing Plaintiffs' Complaint with prejudice. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. ~ ~\~ ~, ~ T. Pion, Esquire Two ~~ Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorney for Defendants. 3 -' ~~ - '"~ " " ,. , ~' '" - ''''', ' . ~, "' ~ SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SHOLLENBERGER" JANUZZI. l1.P 1820 LlNGlESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700_ F~(717)2~12 www.sholljanlaW.COlTl -" '"M J 1 SHOllENBERGER & JANUZZI, LlP 1820 Linglestown Road P.O. Box 60545 . Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorneys for Plaintiffs BRUCE G, VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WilLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE, Si usted quiere defenderse de estas demand as expuestas en las paginas siguientes, uste.d tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previa aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda, usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADOIMMEDIATAMENTE. SI NO TIENE ABOGADO 0 Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TElEFONO A lA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 SHOLLENBERGER & JANUZZl, LLP 1820 LlNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG. PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 WNW.sholljanlaw.com --~ .. -, . ,." .. ~, ---- SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 5188-2000 v. CHARLEY TRANSPORTATION,INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION. LAW JURY TRIAL DEMANDED COMPLAINT AND NOW come the Plaintiffs, BRUCE G, VANDERGRIFF and SANDRA VANDERGRIFF, his wife, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and do respectfully represent the following: 1. The Plaintiff, BRUCE G, VANDERGRIFF, is an adult individual who currently resides at 7101 W. 155lh Street, Worth, Illinois, 60482, 2. The Plaintiff, SANDRA VANDERGRIFF, is an adult individual who currently resides at 7101 W. 155lh Street, Worth, Illinois, 60482, 3. The Plaintiffs, BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF are husband and wife, 4, The Defendant, CHARLEY TRANSPORTATION, INC., is a transport company with a last know location of 126 South Main, Muldrow, Oklahoma. 5. The Defendant, WILLIAM W. HARRIS, Jr. is an adult individual whose last known home address is 2178 Alpine, Fayetteville, Arkansas, 72703. 1 SHOLLENBERGER & JANUZZI, LLP 1820 llNGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 YNfW.shOlljanlaw.com 6. The facts and circumstances hereinafter set forth took place, at or about 1 :11 PM, on July 29, 1998, at the 1-81 Northbound Rest Area, MP 37, approximately 9 miles south of Carlisle, in Penn Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, the Plaintiff, BRUCE G. VANDERGRIFF, was the operator of a 1995 WGMC Flatbed Tractor-Trailer, owned by COMPASS ENTERPRISES, INC., bearing Ohio registration plate P2ES6B. 8. At the aforesaid time and place, the Defendant, WilLIAM W. HARRIS, JR., was acting as the agent, servant, and/or employee of the Defendant, CHARLEY TRANSPORTATION, INC., and was operating a 1993 Kenworth Tractor-Trailer, bearing Oklahoma registration plate IGE293, within the course and scope of the agency, and/or employment relationship with the Defendant, CHARLEY TRANSPORTATION, INC. 9, At the aforesaid time and place, the tractor-trailer operated by the Plaintiff, BRUCE G. VANDERGRIFF, was pulling into the above mentioned rest area and in the process of slowing down to park. 10, At the aforesaid time and place, the tractor-trailer operated by the Defendant, WilLIAM WAYNE HARRIS, JR., was also pulling into the above mentioned rest area, in his course and scope of employment for the Defendant, CHARLEY TRANSPORTATION, INC., and was traveling directly behind the Plaintiff, BRUCE G. VANDERGRIFF, 11. At the aforementioned time and place, as the tractor-trailer being operated by the Plaintiff, BRUCE G, VANDERGRIFF began to slow down, the tractor-trailer being operated by the Defendant, WILLIAM W. HARRIS, JR., in his course and scope of employment for the Defendant, CHARLEY TRANSPORTATION, INC., violently impacted with the rear of the Plaintiffs tractor-trailer as it was pulling into the above mentioned rest area. 2 SHOLLENBERGER & JANUZZI. lLP 1820 LlNGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG. PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 _.sholljanlaw.cam -"'--- " " n~, 12. As a direct and proximate result of the aforesaid collision, Plaintiff, BRUCE G. VANDERGRIFF, has suffered serious and permanent injuries, and complications therefrom, including but not limited to the following: (a) Severe strain and sprain of the muscles, tendons, ligaments and connective tissues at or about the cervical spine; (b) Severe strain and sprain of the muscles, tendons, ligaments and connective tissues at or about the thoracic spine; (c) Severe strain and sprain of the muscles, tendons, ligaments and connective tissues at or about the lumbar spine; (d) Thoracic myositis; (e) Thoracic! cervical somatic dysfunction; (f) Shoulder pain; (g) Right arm pain due to cervical radiculopathy due to herniation at C5-6; (h) Foraminal narrowing at C-3 and C-4, and C-5 and C-6; (I) Posterior disk herniations at C3-7; U) Shock to the nerves and nervous system; and (k) Mental and physical anguish, COUNT I BRUCE G. VANDERGRIFF v. CHARLEY TRANSPORTATION. INC.. and WILLIAM W. HARRIS. JR. 13. Paragraphs 1 through 12 of the Plaintiffs' Complaint are hereby incorporated by reference as fully as set out herein. 3 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTQWN ROAD. P,O. BOX 50545 . HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 www.snoll.anlaw.com - .' ,"- ~" - ~ .;..;;, 14. The aforesaid serious and permanent injuries were a direct and proximate result of the willful, wanton and negligent conduct of the Defendant, WILLIAM W. HARRIS, JR., in his course and scope of employment for the Defendant, CHARLEY TRANSPORTATION, INC., in operating his tractor-trailer in a willful,wanton, careless, reckless and negligent manner as follows: . (a) In following more closely than is reasonable and prudent, in not having due regard for the speed of the vehicles and the traffic upon and the condition of the highway in violation of S 3310 (a) of the Pennsylvania Motor Vehicle Code; (b) In operating his vehicle at a speed greater than existing traffic conditions would permit the driver to bring his tractor-trailer to a stop within the assured clear distance ahead, in violation of S 3361 of the Pennsylvania Motor Vehicle Code; (c) In failing to have his tractor-trailer under proper and adequate control; (d) In permitting his tractor-trailer to collide with that of Plaintiff, BRUCE G. VANDERGRIFF; and (e) In operating his tractor-trailer in a careless manner, in violation of S 3714 of the Pennsylvania Motor Vehicle Code, 15. As a direct and proximate result of the aforesaid serious and permanent injuries, Plaintiff, BRUCE G, VANDERGRIFF, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 16. As a further result of the aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has suffered and may continue to suffer a loss of earnings and earning capacity for which damages are claimed. 17. As a further result of the aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has incurred and may in the future incur expenses for medical treatment and rehabilitation for which damages are claimed, 4 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD. P"O. BOX 60545 . HARRISBURG, PA 1710a.o545 (111) 234.3700 . j:AX (117) 2'34-62n www.sholljanlaw.com .:.......... "',,~ , "' ,~ 18. As a further result of the aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed, 20. As a further result of the aforesaid injuries, Plaintiff, BRUCE G. VANDERGRIFF, has and may in the future incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility law, Workers' Compensation or any program, group contract, or other arrangement for payment of benefits as defined in 75 Pa, C.SA Section 1719. WHEREFORE, Plaintiff, BRUCE G. VANDERGRIFF, demands judgment against the Defendants, CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR.. for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT II SANDRA VANDERGRIFF v. CHARLEY TRANSPORTATION. INC.. and WILLIAM W. HARRIS, JR. 21, Paragraphs 1 through 20 of Plaintiffs' Complaint are incorporated herein by reference and made a part hereof as if set forth in full. 22, As a further result of injuries sustained by him, his wife, Plaintiff, SANDRA VANDERGRIFF, has been and will be deprived ofthe assistance, companionship, 5 SHOLLENBERGER & JANUZZI, LLP 1820 LINGLESTOWN ROAD. P"O. BOX 60545. HARRISBURG, PA 17106-0545 (717)234-3100 . FAX (717) 234-8212 www.stI01Ijanlaw.com consortium and socieWof Her husband, all of which has been and will be to her great d~triment and loss for which damages are claimed, WHEREFORE, Plaintiff, SANDRA VANDERGRIFF, demands judgment against the Defendants, CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR., for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP ~ By: . y o . C ima, Esq, Attorney 1.0. No. 81916 Dated: November 29, 2000 6 SHOLLENBERGER & JANUZZI, LLP 1820 lINGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (T17l234.3700 . FAA (717) 234-8212 www.sholljanlaw.ccm f SHOllENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v, CHARLEY TRANSPORTATION, INC and WilLIAM W. HARRIS, JR. Defendants CIVil ACTION - LAW JURY TRIAL DEMANDED AFFIDAVIT I, Ron S. Chima, being duly sworn according to law, deposes and says that he is the attorney for the within Plaintiffs, that he is authorized by Bruce G. Vandergriff and Sandra Vandergriff to make this Affidavit on their behalf, and that based on information supplied by the Plaintiffs, they believe that the facts set forth in the foregoing Complaint are true and correct. Respectfully submitted, SHOLLENBERGER & JANUZZI, LlP By. ~~ Attorney I.D. No, 81916 Sworn and subscribed before me this 29th day of November 2000 NOTARIAL SEAL Marl.. J. ShoIIenberget, NoIBIy 1'Imftc SUlIqueh&ma Tl"/ll., DllI.IpI*' ColIIly My Cormlission ~res Dee. 2S, 2002 SHOLLENBERGER & JANUZZI, LLP 1820 LlNGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG. PA 17106-0545 (717)234-3700. FAX (717) ~34-S21Z www.sII<l1ljanlaw.ccm " SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 19th day of December, 2000, I hereby certify that I have served the following Interrogatories Propounded by Plaintiff to be Answered by Defendants, Charley Transportation, Inc. and William W. Harris, Jr. on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: John T. Pion, Esq. Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP BY'~ f Ron . Chima, Esq. Attorney I.D. No, 81916 Dated: December 19, 2000 SHOllENBERGER & JANUZZI, LLP 1820 L1NGlESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700 . FAX (717) 234-6212 www.shollJanlaw.com - " ' " -~~ ,,; ~ . CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: COURT OF COHMOfI PLEAS VANDERGRIFT TERM,2000 -VS- CASE NO: 2000-5188 CHARLEY TRANSPORTATION As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009,22 MCS on behalf of BRANT MILLER, ESQ. certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be . 'i f r' 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 the subpoena, MCS on behalf of DATE. 12/27/2000 BRANT MILLER, ESQ, Attorney for DEFENDANT DEll-00472l 72405-LOl COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND IN THE MATTER OF: COURT OF COMMON PLEAS , VANDERGRIFT TERM, 2000 -VS- CASE NO: 2000-5188 CHARLEY TRANSPORTATION NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 COMPASS ENTERPRISES, INC. OTHER TO: WILLIAM SPIRO, ESQUIRE MCS on behalf of BRANT MILLER, ESQ. intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If the twenty day notice period is waived or if no objection! is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 12/07/2000 MCS on behalf of BRANT MILLER, ESQ. Attorney for DEFENDANT CC: BRANT MILLER, ESQ. ,.r: Any questions regarding this matter, contact THE MCS GROUP, INC. 300 LAWYERS BUILDING PITTSBURGH, PA 15219 (412) 642-4420 . r: DE02-015907 7240S-COl , '" .c'" _ ..__' ",' -' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ,; Vandergrift Vs. Charley Transportation, et aI, File No. 2000-5188 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records: Compass Enterprises (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: all photos, all repair records, all investigation material, & anything else regarding driver Bruce Vandergrift as well as records pertaing to 7-29-98 accident. at 300 Lawyers Building Pittsburgh, PA 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OFTHE FOllOWING PERSON: Name Brant Miller, Esq. Address: 400 Two PPG Place Pittsburgh, pa 15222 Telephone: (412) 642-4420 Supreme Court ID # Attorney For: Defendant Date: ~. if &/) Sea! hf the Court (Eft. 7/97) ..... ......."'- ..~.,--.."""'t~;;:illiiir"~'"'~ 'lJlilmjj':1"!lll<~~~~H.J&f - ~'C' o r- ;C., -ute rnrT': ~S~ -<~-:e:.. ~C.) ~y )>~ ~ -< '."""'- ", \, ,~ i::::J c:, r-q -;-') N .....J .. . ;~1:s~ ~'s:.I: ";,J-\.... 001 -I .~ :iJ -< 2: ~ ~~ ~ :;::;) .17 H ,,,~ '--"'" --"--"..,". ;,,,,,, '. -lJjtt PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter f= the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption inust be stated in full) BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF (Plaintiff) vs. CHARLEY TRANSPORTATION, INC. and WILLIAM W. HARRIS, JR. (Deferxlant) No. 5188 Civil 7nnn x~ 1. State matter to be argued (Le., plaintiff's rn:>tion for new triaL deferxlant's demurrer to complaint, etc.): Defendants' Preliminary Objections to Complaint 2. Identify counsel who will argue case: (a) f= plaintiff: ~s: Ron S, Chima, Esquire Shollenberger & Januzzi LLP 1820 Linglestown Road (h) for defendant: P.O. Box 60545 ~s: Harrisburg, PA 17106-0545 John T. Pion, Esq. Scott D~ Clements, Esq. Two PEG P~ace su+~~ ~oo I will notify all .J'A~ flF~t:ili~ witl'ilit~ days that this case has been listed for argunent. 3. 4. Argunent Court Date: February 14, 2001 Dated: b->> ~ ~ttorney for DeJ:endants ~'~',Miil'r"~ ~'~t..,~~.!'!~liIitili:dIIiilII U~ ' -'~. ,&~ ~" 0 c:) 0 C ~11 ~;~ '....,. -0 (J:::i ::>::r.> 111fT' z: :::r"'1 I t~g z C- en CD , i -, ~) !< -0 , --, ~f)\ -...... ~;,~O L-/ IT' )>c:: o;:i Z :J1 ~ ::< U:, ~" '" .: ..- SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Atlorne s for Plaintiff BRUCE G. VANDERGRIFF & SANDRA IN THE COURT OF COMMON PLEAS VANDERGRIFF, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 5188-2000 CHARLEY TRANSPORTATION, INC. and WILLIAM W. HARRIS, JR., CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary: Please re-issue a Writ of Summons against the Defendants, Charley Transportation, Inc, and William W. Harris, Jr. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: ~' Ron S. Chima, Esq. Attorney I.D. #81916 c Dated: January 5, 2001 ~ ~-'. bf..",-"",,,,",,,~=~ I " ~ SHERIFF'S RETURN - U.S. CERTIFIED MAIL _, ill CASE NO; 2000-05188 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VANDERGRIFF BRUCE ET AL VS. HARRIS WILLIAM W JR ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,CHARLEY TRNSPORTATION INC by United States Certified Mail postage prepaid, on the 9th day of January ,2001 at 0008;00 HOURS, at 1326 SOUTH MAIN STREET MULDROW, OK 74948 , a true and attested copy of the attached WRIT OF SUMMONS Together with REISSUED The returned receipt card was signed by BRENDA MERRITT 01/29/2001 on Additional Comments: Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 18.00 2.99 .00 10.00 .00 30.99 ~ County Paid by SHOLLENBERGER & JANUZZI on 02/05/2001 . Sworn and subscribed to before me this 'if!:: day of~g,.... '1 Ag' D. ck-v/ ~ fL fwdl", ~ Pro onotary I . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print YOl:ltname and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, at on the front if space permits, 1, Article Addressed to; C~arle~' Transportation, I 1 <26 S.Main St Muldrow, OK 74948 3. Service Typ ~ertified Ma o Registered o Insured Mail 4. Restricted Delivery? (Extra Fee) 2. Article N...". .mber(C.OPYfrom servic.,elabeQ., ".' ; 'ih.....\ \ ;,': '..~ 7~~ ~4,l{)0i Q004: 52lJ.S 2!:l199 .' M\ii ..., l~ ~ PS Form 3611 , July 1999 Domestic Return Receipt ,r,I, \\/") " l WrvI c...' -~','""~--,, ^' ,,~ + ~ent o Addressee DYes ONo . DYes 102595-99-M-'1789 -~~-~ '''_ii SHERIFF'S RETURN - U.S, CERTIFIED MAIL .. CASE NO: 2000-05188 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VANDERGRIFF BRUCE ET AL VS, HARRIS WILLIAM W JR ET AL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,HARRIS WILLIAM W JR by United States Certified Mail postage prepaid, on the 9th day of January ,2001 at 0008:00 HOURS, at 2178 ALPINE FAYETTEVILLE, AR 72703 a true and attested copy of the attached WRIT OF SUMMONS Together with REISSUED The returned receipt card was signed by 00/00/0000 on Additional Comments: ITEM RETURNED "ATTEMPTED NOT KNOWN" ON /.//./01. Sheriff's Costs: Docketing Certified Mail Affidavit Surcharge 6.00 2.99 .00 10.00 .00 18,99 s~~~ R, Thomas Kline' Sheriff of Cumberland County Paid by SHOLLENBERGER & JANUZZI on 02/05/2001 . Sworn and subscribed to before me this 1e day ofc::t,ft......'"J A.D. Jp,..{J( ~ (l fu,PP'J ~ Pr t onotary , " '~: ' i. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 51 lr8' 2000 Civil Action - (X) Law ( ) Equity JURY TRIAL DEMANDED ~ ,BRUCE G.VANDERGRIFF& SANDRA VANDERGRIFF 7101 W. 115TH ST. WORTH, IL 60482 CHARLEY TRANSPORTATION, INC. 1326 SOUTH MAIN ST. MULDROW, OK 74948 AND Versus TRUE COpy FROM RECORD In T CIlItiIM/lYWIl8rIOf. I here unto.. ff'f hano andttll ... of said Court at Carll*. 11;0) "*$t~ .~ . ;u11f PIutho WILLIAM W. HARRIS, JR. 2178 ALPINE FAYETTEVILLE. AR 72703 Plaintiff(s) & Addresses Defendant(s) & Addresses / PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. --1L- Writ of Summons shall be issued and forwarded to ( ) Attorney (X )Sheriff. Shollenberger & Januzzi, LLP 1820 Linglestown Road Harrisburg, PA 17110 (717) 234'3700 NalT!es//;I.ddres~/Telephone No" i:ifAt(orrley~ ....., . .,., .'- , Sign~~A~~ Supreme Court ID No. 81916 Date: ^: ~ , : , ' > ~.' ' ",~,' '.JULY 20. 2000 ,,~,- ,,,.. :-'- WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): . YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. pr~~~nor:~t;JM I!;{ ~ Date: \.-r::~/,;( '-I. o?a::b by ~llb< /'/2 /df cLA~ ~eputy ( ) Check here if reverse is issued for additional information I r, B . -',,;. ~ i ! ! , I I I i , I I I i'.-:; ,ii; . '\, ., g-i": , ~., . , , . l~',:, \ :'"'l; t!\ ,,~ ~~)~ ~ J', .-} "')" o;y,..- ~ 0",...". , ~~'.. (9 <:"Il/J" r r. <:fJ 'a''\<!. ~\:-.-....,. .~~" ("0' . ~ ~1;.' ..t..(,. &. . ~' ;/ , ...-- "9', ~. ~r! g, . ":\l G\ ~ ~"S ~.f+-. . i:.>C\, fJViJ-t"-) . CA '"' s:-. ~~j <:; (!'if:) iJ"'l.nJ ~C;J t,.~~ t-;;;E .,,---..J ""--" L,~!-r\J ~ :'PoW~ ::Y';,,'NJ'~:J;?;~i::-J'V-;;:;i'!~;'(&-;{N;f?, ,::;':t\'~J,i-~k;;~ -- "" -4 c:::: == :z ~ ~ .~ @ . ...... ~ "tl ~ ~ I ~~ li. I ~ I i I =- _. 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Q) CD- C\iO,,~:l5g .....-i fa.... .e,g. 2 (l)t)Q)t!?,,:!:: E 15 E lijlii"E i~ ,CD en Cil 000 l =: lD C fI) "" CDD:.".-- 't:l t):!:: is ~:S~ ~ :a<c:t >-tii .r.'- :():~ i:E~j ~ ~, ;!:;:a.fI)<(o~ . . ...; ~ [~~;,\. , I W'" n 'f:!\ rn ~ ~~~ ,$ ')->-.J. ~" ';17,^3;\.'~ "I> '-., ".-."."",,"-, "''';'''',' .l. " !~:' iL :;; 'i': iii I, ," o. ~ E 3: :#1~ E .c n c u !-g il ~ ~i is .i~ ~~ .!!l::!::: r<' h c 0-0 r- " r- '" ." rr. h od; ,.. 10 ::c OJ (lJ,....-I c .--. s: "I""' '~ EO 10 ." Cc. :> ,..J (l) .0:'-" '-" r-: 00 Q.) r-', r-- >- .r! r- r~ i3;"~ ~ il " ,~ ~ :........" S li, '1ij 'B -: :2...(1)<> Yl~'w( i "',;~ q", ~,'~~:q' e "",g; '" ill ~d D~:;" _ o)f 'm ~._ m".:iE ijl::2 ~ ~~ ~ -g S .~i.~~.g a:~a:..E tii lB"'OD !1. ci ..f " . ~ o ill ::0 :.\ Cj g\ :il ~ ~ -' :2 ~ 1:r1 Q. vtJ ,- g ~~ 'G ~ ,2 \!) ~ ~ g,,: '" 'i!~" li!N, . II) , .~ ' ~~ EO''''' go ill ~o::,; 00'"'5 Q."dl __7 ffi'(V'j.-"," .0 1':7 E O'I.~" 0'" \Xl Z'o~ ~';~'i('- ..E '~:il "if 01; 'f{!, ,f I I I', I , I, [1 \i J )1 J I I j j i , i ! '-'''''")''''~''",_.,,~,>..-~-- " . . - " , - SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED lh-nY\ ;-,,<:;:<}ii'~!I'::\:: t:,j,::: j";-L:'" '''I " ",', ' '~~ \'~,\''''~ 'H":' '." ,:Ii!iic~lil""'l~;, ,," , '>:vtrltT;:i~i'~jf;)/.';-,,, "':-r::;' " AND NOW, this day of , 2001, upon consideration of Plaintiffs' Response to Defendants' Preliminary Objections, it is hereby ORDERED that Defendants' Preliminary Objections b e DISMISSED and Defendants be directed to file an Answer to Plaintiffs' Complaint. J. SHOLLENBERGER & JANUZZI, lLP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717)234-3700. FAX (717) 234-S212 www.sholljanlaw.com , ","::;,- ,'.,,",;',. SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants ....~I~Iiti"_~ilII!P~Jiltlj::j.j..I~~i;;~nl.liliii!:!Il:Ii1~\'.i1.i;~~\.;..,"""~~l-I.1 "';;lili:'I~~~i.II,',lij" --:1~,_:,~~mIB~;U1'r~~il~/~~:]!,~~~Ij~~I~~~i;~~~~~i~I!;'; ; :,j~lm~~m~'~r:,'; CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW come the Plaintiffs, BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, by and through their attorneys, Shollenberger & Januzzi, LLP, and file the following response to Defendants' Preliminary Objections pursuant to Rules of Civil Procedure and in support thereof, aver the following: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. Plaintiffs were not aware that the Writ of Summons dated July 24, 2000 was not served because the Sheriff's office did not inform counsel for the Plaintiffs. By the way of further answer, Plaintiffs did not investigate further since John Pion, Esq., entered his appearance on October 16, 2000, on behalf of Defendants, on behalf of Defendants, prior to the expiration of the Writ of Summons and at the same time ruled Plaintiffs to file a Complaint. The time period to serve the Writ of Summons expired on October 24, 2000. 1 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 www.sholljanlaw.com "," - ,~ <c '~" __ j _ _c "~', .', "._'" , ",>..~_,,,,;,, -,~",",;,:';;-";';"':"'i"",i___ ,e _,",'> '~ ,= . -''''' Additionally, counsel for the Defendants also served Interrogatories and Request for Production of Documents upon Plaintiffs on October 16, 2000. On December 14, 2000, counsel for the Defendants subpoenaed property damage records of the Plaintiff, Bruce G. Vandergriff. Defendants' counsel's Entry of Appearance and Rule to File Complaint are attached hereto as Exhibits "A" and "B". The Certificate of Service accompanying the Interrogatories and Request for Production of Documents are attached hereto as Exhibits "c" and "D". The subpoena for investigation materials and property damage records is attached hereto as Exhibit "E". By way of further answer, Defendants have waived any improper service issue by undertaking numerous steps to mislead Plaintiffs's counsel that the original Writ of Summons had been served, including, but not limited to, filing the Entry of Appearance, Rule to File. Complaint, and filing discovery prior to the expiration of the Writ of Summons. By way of further answer, counsel for Defendants acknowledged receipt of Plaintiffs' Complaint. See letter dated December 19, 2000 attached hereto as Exhibit "F". By way of further answer, upon learning from the Sheriff's office that the Writ of Summons dated July 24, 2000 had not been served, Plaintiffs immediately had the Cumberland County Prothonotary's office re-issue the Writ of Summons and provided the Sheriff's office instructions to serve same upon Defendants. 4. Denied as stated. As soon as Plaintiffs ascertained that the Writ of Summons dated July 24, 2000 had not been served, Plaintiffs' counsel took immediate steps including contacting the Sheriff's office to verify that service had not been accomplished and then immediately filed a Praecipe to Re-issue Writ of Summons on January 5, 2001. See letter to Prothonotary and Praecipe to Re-issue Writ of Summons attached hereto as Exhibit "G". Additionally, Plaintiffs incorporate Response #3 herein by reference as if set forth in full. 5. Denied. The statute of limitations did not expire since Plaintiffs filed a Writ of Summons on July 24, 2000, four days prior to the expiration of the statute of 2 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 www.sholljanlaw.com , ,'-'" '.-~,,:', -'-'=-",~--~--- ;'"_;;,0 '., -_'~,'n~__;~AO~' ",," limitations. By way of further answer, Preliminary Objection NO.5 is a conclusion of law which requires no answer. 6. Denied as stated. On December 4, 2000, Plaintiffs filed a Complaint after Defendants' counsel filed an Entry of Appearance and ruled Plaintiffs to file a Complaint. By way of further answer, Plaintiffs' counsel had obtained a time extension from Defendants' counsel in which to file a Complaint. 7. Denied. This Preliminary Objection is a conclusion of law which requires no response. By way of further answer, Plaintiffs were not aware that the Writ of Summons of July 24, 2000 was not served because the Sheriff's office did not inform counsel for the Plaintiffs. By the way of further answer, Plaintiffs did not investigate further since John Pion, Esq., entered his appearance on October 16, 2000, on behalf of Defendants, prior to the expiration of the Writ of Summons and at the same time ruled Plaintiffs to file a Complaint. The time period to serve the Writ of Summons expired on October 24, 2000. Additionally, counsel for the Defendants also served Interrogatories and Request for Production of Documents upon Plaintiffs on October 16, 2000. On December 14, 2000, counsel for the Defendants subpoenaed property damage records of the Plaintiff, Bruce G. Vandergriff. Defendants' counsel's Entry of Appearance and Rule to File Complaint are attached hereto as Exhibits "A" and "B". The Certificate of Service accompanying the Interrogatories and Request for Production of Documents are attached hereto as Exhibits "C" and "D". The subpoena for investigation materials and property damage records is attached hereto as Exhibit "E". By way of further answer, Defendants have waived any improper service issue by undertaking numerous steps to mislead Plaintiffs's counsel that the original Writ of Summons had been served, including, but not limited to, filing the Entry of Appearance, Rule to File Complaint, and filing discovery prior to the expiration of the Writ of Summons. By way of further answer, counsel for Defendants acknowledged receipt of Plaintiffs' Complaint. See letter dated December 19, 2000 attached hereto as 3 SHOllENBERGER & JANUZZI, llP 1820 lINGlESTOWN ROAD. P.O. BOX 60545. HARRISBURG. PA 17106-0545 (717) 234-3700 . FAX (717) 234-8212 www.sholljanlaw.com , , -""" - .,~' .. -, ~;-,-.' << 1/jljI.,'; Exhibit "F". By way of further answer, upon learning from the Sheriff's office that the Writ of Summons dated July 24, 2000 had not been served, Plaintiffs immediately had the Cumberland County Prothonotary's office re-issue the Writ of Summons and provided the Sheriff's office instructions to serve same upon Defendants. 8. Admitted. 9. Denied as stated. Plaintiffs did not investigate further since John Pion, Esq., entered his appearance on October 16, 2000, on behalf of Defendants, prior to the expiration of the Writ of Summons and at the same time ruled Plaintiffs to file a Complaint. The time period to serve the Writ of Summons expired on October 24, 2000. Additionally, counsel for the Defendants also served Interrogatories and Request for Production of Documents upon Plaintiffs on October 16, 2000. On December 14, 2000, counsel for the Defendants subpoenaed property damage records of the Plaintiff, Bruce G. Vandergriff. Defendants' counsel's Entry of Appearance and Rule to File Complaint are attached hereto as Exhibits "A" and "B". The Certificate of Service accompanying the Interrogatories and Request for Production of Documents are attached hereto as Exhibits "C" and "D". The subpoena for investigation materials and property damage records is attached hereto as Exhibit "E". By way of further answer, Defendants have waived any improper service issue by undertaking numerous steps to mislead Plaintiffs's counsel that the original Writ of Summons had been served, including, but not limited to, filing the Entry of Appearance, Rule to File Complaint, and filing discovery prior to the expiration of the Writ of Summons. By way of further answer, counsel for Defendants acknowledged receipt of Plaintiffs' Complaint. See letter dated December 19, 2000 attached hereto as Exhibit "F". By way of further answer, upon learning from the Sheriff's office that the Writ of Summons dated July 24, 2000 had not been served, Plaintiffs immediately had the Cumberland County Prothonotary's office re-issue the Writ of Summons and provided the Sheriff's office instructions to serve same upon Defendants. 4 SHOLLENBERGER & JANUZZI, llP 1820 lINGlESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234.3700. FAX (717) 234-8212 www.sholljanlaw.com "'- --, ..c,;" -- --~" - '--'- ~,-" .'. _ ~ ~, -C', "^',' .1' ~, -, .)'" c-" '" .. , -,_ -,,:, __,,0' .~" ,-".,', -," -, , "- ~;~~;:~j 10. Denied as stated. Plaintiffs did not investigate further since John Pion, Esq., entered his appearance on October 16, 2000, on behalf of Defendants, prior to the expiration of the Writ of Summons and at the same time ruled Plaintiffs to file a Complaint. The time period to serve the Writ of Summons expired on October 24, 2000. Additionally, counsel for the Defendants also served Interrogatories and Request for Production of Documents upon Plaintiffs on October 16,2000. On December 14, 2000, counsel for the Defendants subpoenaed property damage records of the Plaintiff, Bruce G. Vandergriff. Defendants' counsel's Entry of Appearance and Rule to File Complaint are attached hereto as Exhibits "A" and "B". The Certificate of Service accompanying the Interrogatories and Request for Production of Documents are attached hereto as Exhibits "C" and "D". The subpoena for investigation materials and property damage records is attached hereto as Exhibit "E". By way of further answer, Defendants have waived any irnproper service issue by undertaking numerous steps to mislead Plaintiffs's counsel that the original Writ of Summons had been served, including, but not limited to, filing the Entry of Appearance, Rule to File Complaint, and filing discovery prior to the expiration of the Writ of Summons. By way of further answer, counsel for Defendants acknowledged receipt of Plaintiffs' Complaint. See letter dated December 19, 2000 attached hereto as Exhibit "F". By way of further answer, upon learning from the Sheriff's office that the Writ of Summons dated July 24, 2000 had not been served, Plaintiffs immediately had the Cumberland County Prothonotary's office re-issue the Writ of Summons and provided the Sheriff's office instructions to serve same upon Defendants. WHEREFORE, the Plaintiffs, Bruce G. Vandergriff and Sandra Vandergrif, respectfully request this Honorable Court to dismiss Defendants' Preliminary Objections and direct Defendants to file an Answer to Plaintiffs' Complaint. 5 SHOllENBERGER & JANUZZI, llP 1820 L1NGlESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 www.sholljanlaw.com ." ~ Dated: January 8, 2001 ,,"'." _,-_i", _,,,-''- . '-"'0'. . ,~,_-_ 0' " -. ;-.~--. ," " ~ Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP ~~ By: Ro~a, Esq. Attorney I.D. No. 81916 6 SHOllENBERGER & JANUZZI, llP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106-0545 . (717) 234-3700 . FAX (717) 234-8212 www.sholljanlaw.com ~ "" Oct 1~ 00 01~28p . STROM l!. SPIRO S.\PIONJ\vandergrilf'.covBrsheet-pld.wpd October 11, 2000 (2:36pm) -~" .,"- ,--.' , .. <-- ;., 1-312-609_0578 p.3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BRUCEG. VANDERGRWFmd SANDRA V ANDERGRlFF, Plaintiffs, v. CHARl.EY TRANSPORTATION, INe., and WILLIAM W HARRIS, JR., Defendants. CIVIL DIVISION No. 2000 - 5188 Issue No. PRAECIPE FOR APPEARANCE Code: Filed on behalf of DEFENDANTS Counsel of record for this party: John T. Pion, Esquire Pa. ID. #43675 DICKIE, McCAMEY & CHILCOTE, P.C Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED EXHIBIT I It- ~--- >,,< ,"i'" .co - ';" ,,"'. ~, , ,d_,_' n ,S:\PIONJ\vandBrgri~praB rule-pfdJrm October 11. 2000 (2:39pm) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BRUCE G. VANDERGRIFF, Plaintiff, ) Civil Division ) ) No.: 2000-5188 ) ) ) ) ) ) ) vs. CHARLEY TRANSPORTATION, INe., and WILLIAM W. HARRIS, JR., Defendants. PRAECIPE FOR RULE TO FILE A COMPLAINT TO: PROTHONOTARY Kindly issue a Rule to Plaintiff to file a Complaint in the above-captioned action within twenty (20) days from the date of the Rule or suffer a judgment of non pros. A JURY TRIAL IS DEMANDED. DIC~M~:-~J &/HILCOTE By: IJ,..;( I #J~ tv John T. Pion, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 392-5452 Attorney for Defendmts RULE NOW, this /1.:+Aday of October, 2000, RULE issued as above s d. EXHIBIT I ~ , ,-,- ,-c. . ~"< ~, ~~--"~"!!, CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certifY that true md correct copies of the foregoing FIRST SET OF INTERROGATORIES DIRECTED TO THE PLAINTIFF have been seIVed this -'!. day of Oc!r.r'. 2000, by U.S. first-class mail, postage prepaid, to the following counsel of record: William B. Spiro, Esq. Strom & Spiro 180 North La Salle Street Suite 2510 Chicago, IL 60601 Attorney for Plaintiff DICKIE, McCAMEY & CHILCOTE, P.C. By: ~~-;O.. J01r Pion, Esquire Attorney for Defendant r EXHIBIT ~ C __ ,_ " _ "~O"'> .. ,,1_" , " ,< ~" ',' ,__ " "','^'<, S\P!ONJ\vandergnff\REQPODFOR October. _JOO(11'59aml CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that true and correct copies of the foregoing FIRST REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO THE PLAINTIFF have been served this -1L day of 0 c-i- . .2000, by us. first-class mail, postage prepaid, to the following counsel of record: William B. Spiro, Esq. Strom & Spiro 180 North La Salle Street Suite 2510 Chicago, IL 60601 Attorney for Plaintiff DICKIE, McCAMEY & CHILCOTE, P.C. B~~\~ J~n, Esquire AttO~Defendmts EXHfSIT I D - " ' '- ,,~' '"'~" -,",', ~~< .~ "'."i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND nEe 1 ~ 'iqlJI Vandergrift Vs. Charley Transportation, et al. File No. 2000-5188 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANTTO RULE 4009.22 TO: Custodian of Records: Compass Enterprises (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: all photos, all repair records, all investigation material, & anything else regarding driver Bruce Vandergrift as well as records pertaing to 7-29-98 accident. at 300 Lawyers Building Pittsburgh, PA 15219 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name Brant Miller, Esq. Address: 400 Two PPG Place Pittsburgh, Pa 15222 Telephone: (412) 642-4420 Supreme Court ID # Attorney For: Defendant Date: ~JJk;t-!LJir/) Sa-afbf ihe Court E-- r - 'ii,_ ,- ,," ;,,- "" ,~ '""!diU;: LAW OFFICES OF DICKIE, MCCAMEY & CHILCOTE PmLADELPHIA 215/925-2289 A PROFESSIONAL CORPORATION Two PPG PLACE, SUITE 400 PITTSBURGH, PENNSYLVANIA 15222.5402 WWW.DMCLAW.COM TEL. 412/281-7272 FAX 4121392-5367 NEW JERSEY OHIO 609/844-7744 740/284-1682 WEST VIRGINIA 304/233.1022 '.\1' ,\ 51 (\, ,.>1,;,"', :t-\... ? V ,,~'Nv Jolm T. Pion Attorney-at-Law Admitted in P A & OH 4121392.5356 pionj@dmclaw.com December 15, 2000 Ron Chima, Esq. Shollenberger & Januzzi 1820 Linglestown Road Harrisburg, PA 17110 Re: Vandergriffv. Charlie Transportation Dear Mr. Chima: Receipt of the Complaint is acknowledged. I will provide you with a response to same shortly. Very truly yours, ITP:n1 ~,'\ . ~ r.Pwn EXHIBIT I F . _'_ __,', ~'....:. - 0 '_ _ '~"_ -r.n.." SHOLLENBERGER & JANUZZI, LLP 1820 LlNGLESTOWN ROAD P. O. BOX 60545 TIMOTHY A. SHOLLENBERGER KARL J. JANUZZI RON S. CHIMA' HARRISBURG, PA. 17106-0545 (717) 234-3700 FAX (717) 234.82lZ Writer's Direct E-mail -cle@shollianlaw.com -AlsomemberolNewJersey Bar January 5, 2001 with office. in Elizabethville (717) 362-4472 Wilkes-Barre (570) 822-0711 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, Pa. 17013 Re: Vandergriff v. Charley Transportation et al. Dear Sir/Madam: Enclosed please find the following: 1. An original and one (1) copy of a Praecipe to Reissue Writ of Summons; and 2. A check in the amount of $100.00 payable to the Cumberland County Sheriff. Please file the original Praecipe to Reissue Writ of Summons appropriately and return a time-stamped copy to this office. Please also forward a copy of the Reissued Writ of Summons to this office. A postage-paid, self-addressed envelope is enclosed. Please forward a copy of the Reissued Writ of Summons, along with the Sheriff Instructions and the check representing advanced costs for service to the Cumberland County Sheriff. Should you have any questions, please do not hesitate to call. V~UIY YOU~ Cindy ~inger Legal A~~ant Ice Enclosures CC: John Pion, Esq. EXH\B\T G \ - ,~ J ,'- -",- , "," -,...~ ~~ " "- ,.. --'<" ~, .- , " -,"" -'<" ",=c_, SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff BRUCE G. VANDERGRIFF & SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 5188-2000 CHARLEY TRANSPORTATION, INC. and WILLIAM W. HARRIS, JR., . Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary: Please re-issue a Writ of Summons against the Defendants, Charley Transportation, Inc. and William W. Harris, Jr. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: ~\ Ron S. Chima, Esq. Attorney I.D. #81916 c Dated: January 5, 2001 .'."" ."" , ,~o ole' "~='-'- "'__ , <. ~ ""' ,.. '.'''',_ _ '..:, ,~' , SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff BRUCE G. VANDERGRIFF & SANDRA IN THE COURT OF COMMON PLEAS VANDERGRIFF, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 5188-2000 CHARLEY TRANSPORTATION, INC. and WILLIAM W. HARRIS, JR., . CIVIL ACTION - LAW Defendants JURY TRIAL DEMANDED SHERIFF'S INSTRUCTIONS TO THE SHERIFF OF CUMBERLAND COUNTY: PLEASE ARRANGE FOR SERVICE OF THE ATTACHED RE-ISSUED WRIT OF SUMMONS ON THE BELOW LISTED DEFENDANTS VIA CERTIFIED MAil, RETURN RECEIPT REQUESTED AND REGULAR MAil: CHARLEY TRANSPORTATION, INC. 1326 SOUTH MAIN ST. MULDROW, OK 74948 WILLIAM W. HARRIS, JR. 2178 ALPINE FAYETTEVILLE, AR 72703 ~'''':',,'' _ _J ,-- SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ~i:~i~<~.:.~i~(i,.. . ... i""li!i'11'''i!i!l:~~~~''\l'i~IiM\'''!!..' . AND NOW this 8th day of January, 2001, I hereby certify that I have served the following Praecipe to Substitute Verification on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: John T. Pion, Esq. Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By:4~ Attorney J.D. No. 81916 Dated: January 8, 2001 SHOLLENBERGER & JANUZZI, LlP 1820 L1NGLESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234.3700. FAX (717) 234-8212 www.sholljanlaw.com e,! :1 Ij ij " I] IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA BRUCE G. VANDERGRIFF md SANDRA VANDERGRIFF, Plaintiff, v. CHARLEY TRANSPORTATION, INC. md WILLIAM W. HARRIS, JR., Defendmt. CIVIL DIVISION No.: 5188-2000 Issue No. AFFIDAVIT OF JOHN T. PION Code: Filed on behalf of Defendmts, Charley Transportation, Inc. md William W. Harris, Jr. Counsel of record for this party: John T. Pion, Esq. Pa. LD. #43675 DICKIE, McCAMEY & CHILCOTE, P.c. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED ,"" - - ~~'.~-',~~ -.'~" -,'..- ._,",~,=,,,,,,=>,..,~ - "'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA , BRUCE G. V ANDERGRWF md SANDRA V ANDERGRlFF, Plaintiffs ) ) ) ) ) ) ) ) ) ) ) No.: 5188-2000 v. CHARLEY TRANSPORTATION, INe. md WILLIAM W HARRIS, JR. Defendmts AFFIDAVIT OF JOHN T. PION 1. My name is John T Pion, Esquire, Affimt herein. I am counsel of record for the Defendmts, Charley Trmsportation, Inc. md William W. Harris, Jf., io the within lawsuit filed in the Court of Co=on Pleas of Cumberlmd County, Pennsylvania, at No.: 5188-2000. 2. The cause of action stems from an alleged accident that occurred on July 29, 1998 at a rest area on Interstate 81. 3. The Defendants are iosured by Great West Casualty Company of Bloomington, Indiana. 4. On or about October 4, 2000, a representative of Great West spoke to Plaintiffs' Chicago counsel, William B. Spiro, Esquire, who informed the Great West representative that a lawsuit had been initiated in Pennsylvania by Writ of Summons. However, Attorney Spiro would not tell the Great West representative the specifics of the lawsuit, namely, the venue of the case, the caption of the case, md where md when the lawsuit had been filed. 5. Thereafter, the Great West representative called me md asked that I make ioquiry iota whether Plaintiffs had initiated a lawsuit Subsequently, my office was able to learn that 2 -~'" - .'-", '.' co '"""'"' ' , ' ", N",,~~""'" 'H" ,_ ","' '''''''~''~--"''"~'''.ili'L",''- '.. "" - \-A ",,,,, ,?", a lawsuit involving the above-named parties had been initiated in the Court of Common Pleas of Cumberlmd County, Pennsylvania. I then filed a Praecipe for Appearmce md Rule to File a Complaint on behalf of the Defendants on October 16, 2000. 6. Thereafter, I received a letter from Plaintiffs' local counsel, Ron S. Chima, Esquire, dated November 29, 2000, enclosing a copy of the Complaint md an Acceptance of Service form. (See November 29, 2000 letter from Attorney Ron S. Chima to the undersigned, attached hereto and made a part hereof as Exhibit "A"). 7. My receipt of the November 29,2000 letter was the first time that I was informed that service had not been made on the Defendants. My office then checked the docket from the Prothonotary of Cumberland County, which confirmed that service had not been made. Defendants then filed Preliminary Objections to Plaintiffs' Complaint on the basis that service had not been effected within the two-year statute oflimitations set forth in 42 Pa.CS.A. ~ 5524. 8. At no time prior to filing the Preliminary Objections did I discuss the issue of service with Plaintiffs' counselor otherwise indicate that I would accept service on behalf of the Defendants. Again, the first time I learned that service may not have been effected upon the Defendants was when I received counsel's November 29,2000 letter. 9. InPlaintiffs' Response to Defendmts' Preliminary Objections, Plaintiffs claim that I misled them into thinking that service of the Writ of Summons had been made when I entered my appearmce, served discovery, md filed a Rule to File a Complaint. This allegation is belied by the fact that after the Rule to File Complaint was issued, Plaintiffs' counsel served upon me the Complaint along with the Acceptance of Service form by letter dated November 29, 2000. 3 Further affimt sayeth not. SWORN TO and subscribed before methis I;;? daYOffi~lUvJ, 2001. ~~~ Notary Public My commission expires: Notarial Seal Nanette lemmon, Notary PvbJic Pittsburgh, Allegheny County My Commission EXO!!'8S D,.::c, 10, 2002 Member, pennsYNanj~A;;;;i;;;;;;NO(arieS '. ,~~" . -;.-- .' ,~" ,,' ~"- "'.>C-'" ",-, '. ','", "o"""""""'.~""~',-"'--<,i;"'~","",,,,-.,.~-' ""'.' "--";;1 .~ 4 ..'~ "" ,- - """" -.'^ " __, ;,0,.: ..,' '" " -'"~iii{ii::t, . . SHOLLENBERGER & JANUZZI, LLP TIMOTHY ^. SHOLLENBERGER KARL J. JANUZZI RON S. CHIMA" 1820 LINGLESTOWN ROAD P. O. BOX 60545 HARRISBURG, PA. 17106-0545 Writer's Direct E-mail -rsc(1i)shollianlaw.com (717) 234-3700 FAX (717) 234-8212 .AIsomembet-olNewJerseyBar November 29,2000 with o!fie... in Elizabethville (717) 362-4472 Wilk...-Barre (570) 822-0711 Via Federal Express John T. Pion, Esq. Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 RE: Vandergriff et ux. v. Charley Transportion & William W. Harris, Jr, Cumberland County No. 5188-2000 Dear Mr. Pion: Enclosed is a copy of a Complaint which has been filed with the Court, along with an Acceptance of Service in the above referenced matter. Please endorse the Acceptance of Service and return it to me as soon as possible. Thank you for your assistance in this matter. Very truly yours, /i~~ Ron S. Chima RSC:ce Enclosures ~ =O"~'ll~!~~~~-"'""'""''"' -- " - ~- ..~, ," "" ~ ~~--~ ltl!i1llM. " -~~, -'I , , . (") 0 C) c: , <.. -., -. --'"'" -0 ~f ;-1\ rn ;::,J Z 7" L Cf' ~~", (...) -< r: ci ::::-", ~~, z;--.:; )>' '-", c;:) (..J c: ---j -7 ~ ~ ~.:> ~0 ~ -< :r ,~~ ",:'-,'.', ""''''',',' ,-,,-,,,-,,,- ,- ;, __",'_~,;r, '; ",-,,",__, ,.,,' , '- . ';': , 9. BRUCE G. V ADERGRIFF & SANDRA VANDERGRIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLEY TRANSPORTATION, INC. & WILLIAM W. HARRIS, JR.: NO. 2000-5188 CIVIL TERM IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS TO COMPLAINT BEFORE HOFFER. P.J.. OLER. GUIDO. JJ. ORDER OF COURT AND NOW, this 16TH day of FEBRUARY, 2001, defendants' Preliminary Objections are DENIED. Edward E. Guido, J. Scott D. Clements, Esquire John T. Pion, Esquire t.orM 0:;'-1 -0 I 1){.5 Ron S. Chima, Esquire :sld ii.' ~" '" --, ,,"<--- [.ilfIll'i"--'-""'""lIitillil -J] 'j_~it~Jl'f8ill4-Jiiiiril=-'''''~1I11il>i1t~llfJdi~~f!; iIiii .. lll- .. ~ '';~.c~'" <, .. =, . "'~ , 0 CJ C $: -r; V '[,I:) rl rflr,- C:J Z::"L' .. ZC ", (J': ,~~:~" O~, -/;...,- '-~: ~~~: r"':Ci ,.',1 ~C) C) /-C" ~ ~;~,~ j-" ~c: S! z ;:- ::'0 =< CN -< Wi! ~ ,~,' '~~"',' ~,",---,>,,,,,,,,,,-~,, ",,,~,~".~~"''-<1' ~~" ,~"""",,,,,~ ,""'erN',,:, j". "'~~~-<-"-'";",,,i _':"1""-_'__ ,;"~,,;.,;,,,'J 5188 OF 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRUCE G. V ANDERGRlFF and SANDRA CIVIL DIVISION VANDERGRIFF, Plaintiff, v. CHARLEY TRANSPORTATION, INe. and WILLIAM W. HARRIS, JR., Defendmt NOTICE TO PLEAD TO: Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from the date of service hereof or a judgment may be entered against you. BYJtt;i!!=/~ No.: 5188-2000 Issue No. ANSWER AND NEW MATTER Code: Filed on behalf of Defendmt, Charley Transportation, Inc. Counsel of record for this party: John T Pion, Esq. Pa. lD. #43675 DICKIE, McCAMEY & CHILCOTE, P.e. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED , "^ ~ .-'~ " "h ",,,"", ,+ ;' .~"'''''''''''''"'~,~",",-",~",'\cS,",''' " <" ',0.:.." '<'''~"d",,--)__- I' ,'" ,~" ,<",,,:,~;,,.::~ . 5188 OF 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs ) ) ) ) ) ) ) ) ) ) ) ) No.: 5188-2000 v. CHARLEY TRANSPORTATION, INe. and WILLIAM W HARRIS, JR. Defendants ANSWER AND NEW MATTER AND NOW, comes the Defendmt, Charley Trmsportation, Inc., by md through its counsel, Dickie, McCamey & Chilcote, P. C. md John T. Pion, Esquire md files the within Answer md New Matter, stating as follows: I. After reasonable investigation, Defendmt is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph I of the Complaint and, therefore, said averments are denied and strict proof thereof is demanded at the time of trial. 2. After reasonable investigation, Defendmt is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 2 of the Complaint md therefore said averments are denied and strict proof thereof is demanded at the time of trial. , , 3. After reasonable investigation, Defendmt is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 3 of the Complaint md therefore said averments are denied md strict proof thereof is demanded at the time of trial. , , 4. Admitted. 2 i'1 - -". ~-'~~'~__. "'r,n"'.'"'__. --",Yo' "- _ _ '< ~_ , "', ,d.'~~',-,__: . ,,~ '"'.1 " 5188 OF 2000 5. The averments contained in Paragraph 5 of the Complaint are denied as stated. William W Harris, Jr. is an adult individual, who has a last known address of 626 Lindell, Fayetteville, Arkansas 72701. 6. Admitted. 7. Admitted. 8. Admitted. 9. The averments of Paragraph 9 are denied as stated md strict proof to the contrary is demanded. 10. Admitted. 11. The averments of Para graph II are denied as stated. It is specifically denied that my violent impact occurred between the two vehicles and strict proof to the contrary is demanded. 12. The averments of Para graph 12 are denied. It is denied that the plaintiff was caused to suffer serious or permment injuries or any injuries as a result of any collision or impact between the two vehicles. By way of a further response, after reasonable investigation, this defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 12, including subparts (a) through (k) are denied and strict proof is demmded. ANSWER TO COUNT I BRUCE G. VANDERGRIFF v. CHARLEY TRANSPORTATION. INC.. and WILLIAM W. HARRIS. JR. 13. Defendmt hereby incorporates by reference Paragraphs I through 12 of the within Answer as if the same were fully set forth at length herein. 3 " ,N ^ ~,^,~"~';. 'u '~,-'" '",' ^'<- ",=~,-,="."".o<" ,-~"" ;.'1,,,,',;' <",C_o'<'_ -',.'-,"" "-" ':"b;" l,~'-^--"'A-,'; "~'-<""''';J , 5188 OF 2000 14. The averments of Paragraph 14 are specifically denied. It is denied that the plaintiff was caused to suffer serious or permanent injuries or any injuries as a result of the conduct of this defendmt. It is further specifically denied that this defendant acted in any way so as to cause the plaintiff to suffer any injuries or damages and it is denied that this defendant was negligent, careless, reckless or wanton. By way of further response, each and every subpart of Paragraph 14, including subparts (a) through (e) are denied md strict proof is demanded. Accordingly, the averments of Paragraph 14, including subparagraphs (a) through (e) are denied and strict proof is demanded. 15. The averments of Paragraph 15 are specifically denied. It is denied that the plaintiff was caused to suffer serious or permanent injuries and/or my injuries or that he has suffered pain and suffering. Alternatively, after reasonable investigation, this defendmt is without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein and same are therefore denied. 16. The averments of Paragraph 16 are denied. It is denied that the plaintiff was caused to suffer injuries or damages or that the plaintiff was caused to suffer a loss of earnings and/or earning capacity. Alternatively, after reasonable investigation, this defendmt is without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 16 are denied and strict proof thereof is demanded. 17. The averments of Para graph 17 are denied. It is denied that the plaintiff has or in the future will incur medical expenses associated with this incident. Alternatively, after reasonable investigation, this defendmt is without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 17 are denied md strict proof thereof is demmded. 4 "" ~ -.-, -","''";-'-'"-~''''~3'~=''-'''-_~d'~'' _-'i,,,,,~ - ','~" ,b'.' ,,-' ~ --,,"-, ~~,-"^ /,+'- . '0..' .:, ,,"',_.',,";', "':"'1 5188 OF 2000 18. The averments of Paragraph 18 are denied. It is denied that the plaintiff was caused to suffer diminution oflife's pleasures. Alternatively, after reasonable investigation, this defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 18 are denied and strict proofthereofis demanded. 19. The averments of Paragraph 19 are denied. It is denied that the plaintiff has or will incur expenses which exceed sums recoverable under the Pennsylvania Motor Vehicle Financial Responsibility Law. Accordingly, the averments of Paragraph 19 are denied. 20. The averments of Paragraph 20 are denied. After reasonable investigation, this defendant is without sufficient knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 20 are denied md strict proof thereof is demanded. WHEREFORE, Defendant, Charley Trmsportation, Inc. demands judgment in its favor and against the plaintiffs together with costs of suit JURY TRIAL DEMANDED ANSWER TO COUNT II SANDRA VANDERGRIFF v, CHARLEY TRANSPORTATION. INC., and WILLIAM W. HARRIS. JR. 21. Defendant hereby incorporates by reference Paragraphs 1 through 20 of the within Answer as if the same were fully set forth at length herein. 22. The averments of Paragraph 22 are denied. It is denied that the wife-plaintiff has been caused to suffer my deprivation of assistmce, society, companionship or any other injury recoverable. Alternatively, after reasonable investigation, this defendmt is without sufficient 5 " . ~O'_,_~~,~ ,',_~,~"""' """'"""''''''_''''''''_'"'''''''"'",,'''''"'''' '__..~ " .',"." "-"~' ----,. , ". ~. " ' 5188 OF 2000 knowledge or information to form a belief as to the truth of the matter asserted herein. Accordingly, the averments of Paragraph 22 are denied md strict proof thereof is demanded. WHEREFORE, defendants demmd judgment in their favor md against the plaintiff together with costs of suit ruRY TRIAL DEMANDED In further Answer, this Defendant avers as follows: NEW MATTER 23. Defendant hereby incorporates by reference Paragraphs 1 through 22 of the within Answer as ifthe same were fully set forth at length herein. 24. If the plaintiff was caused to suffer injuries or damages as alleged, said injuries or damages being denied, then this defendmt believes md therefore avers that plaintiff was contributory negligent 25. Defendmt hereby pleads plaintiff's contributory negligence pursumt to the Pennsylvania Comparative Negligence Act, 42 Pa. C. S. A. S 7102. 26. If the plaintiff was caused to suffer injuries md damages as alleged, said injuries md damages being denied, then this defendant believes and therefore avers that plaintiff has failed to mitigate his damages as required by law. 27. Accordingly, should plaintiff prove damages, said damages being denied, then said damages must be reduced in proportion to the degree in which plaintiff has failed to so mitigate. 28. Defendant hereby pleads as a complete md/or partial bar to recovery, the Doctrine of Superseding and/or Intervening Causes as this defendmt believes that this occurrence may have been caused by conditions and/or persons beyond defendant's duty md/or right of control. 6 - "c ,. ,,",,',;" '<0'- . .=' ~ ,",' _, , - '''''-''''',"', i ',"'~.d, _,- ~ ,,' ..., ,,'.l';c , . ,"-'''''' ,~" " ",-~,: : - ":.,.' ~'i . 5188 OF 2000 29. Defendmt believes and therefore avers that plaintiff suffered from pre-existing illnesses/injuries unrelated to any event md deny that they caused the plaintiff to suffer any injuries or danrages. 30. To the extent applicable, this defendmt hereby pleads the limitation! exclusions of the Pennsylvmia Motor Vehicle Financial Responsibility Law md/or other related or similar Statutes as a complete and/or partial bar to plaintiffs recovery. 31. Defendmt hereby plead the applicable Statute of Limitations as a complete bar to plaintiffs' claims. 32. Plaintiff initiated this action by Writ of Summons dated July 24, 2000. 33. On August 25, 2000, the Sheriff s return was filed indicating that the Writ sought to be served upon Charley Transportation, Inc., was returned unopened md unclaimed. 34. The Writ of Summons filed against Charley Transportation, Inc., and dated July 24, 2000, expired on October 22, 2000. 35. Plaintiffs never served Charley Transportation, Inc. with the original Writ of Summons filed on July 24, 2000. 36. Plaintiffs' counsel, by letter dated November 29, 2000, mailed a copy of the Complaint md an Acceptance of Service form to John T. Pion, Esquire, counsel for Defendmt. 37. The Acceptance of Service requested that Mr. Pion accept service on behalf of Charley Transportation, Inc. 38. At all times prior to October 22,2000, Plaintiffs' counsel knew that the July 24,2000 Writ of Summons was never served on Charley Trmsportation, Inc. 7 m - . c ~ ~"^ -,-"~. ''';C~'--;i',__""""",-,_:c,,,,_,~,~ ."~,~-'-' -, ',"} , ,..--,'" , f <';~.,,~ -'n '",'''H -,~ ""',~ '..,--,- ~:.."';:,l 5188 OF 2000 39. At all times prior to November 29,2000, Plaintiffs' counsel knew that the July 24, 2000 Writ of Summons was never served on Charley Trmsportation, Inc. 40. Between August 25, 2000 md J muary 8, 200 I, Plaintiffs never attempted service on Charley Trmsportation, Inc. 41. At all times prior to October 22, 2000, Plaintiffs never checked the docket to determine whether service had been effected upon Charley Transportation, Inc. 42. After the expiration of the July 24, 2000 Writ of Summons, Plamtiffs did not file a Praecipe to Reissue Writ of Summons until January 8, 2001. 43. Plaintiffs' did not effect service upon Charley Transportation, Inc. until January 29, 2001. WHEREFORE, Defendmt, Charley Transportation, Inc. demands judgment in its favor md against the plaintiffs together with costs of suit JURY TRIAL DEMANDED Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By Jatio~EI;i:!J~ Pa. Id. No. 43675 Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorney for Defendant, Charley Trmsportation, Inc. 8 , ~ ' 'O'~ ~ I , ~'TRm ' I L Charles Dewayne P1OVllllQej.Presidem of ~ 'fl'lllsporwiOD, IDe., have read the tbrCJOUri Auwe..1Dd New Matter. The infunuatiOll or ~ts brtamed there.in came D-om VlIrious sources ~ tlIo cOIIIpllllY and Ire com:c:t to the best afmy knowIedp or information aDd 0<<........1......__"............. \ I this stM"'1:Il'ODt and verific;atioD. is mad", subject to the ~Iof 18 Pa.C.S,A ~ 4904 relating to UD8WOJ'A iilsi&ation to authorities, which ~18 that iN Fe knowiuslY false I statements, I ruay be subject to criminal penalties, , Dated: 5 -li-'" f Cbarle& Dewa)qle Provence l I I \ , ~ ~ t I < \ \ ; ,l ",,,~, II f I , I I I i I i ( I I ~ ~', --- ,'<'". ,._--"~,.,-""""":_"""",,,_~~~"~'~G:"-- ~_< '.'~' _ ,'-' ' ".-, "",~ '_ ' '.' ,c',~,' 5188 OF 2000 CERTIFICATE OF SERVICE I, John T. Pion, Esquire, hereby certify that true and correct copies of the foregoing Answer and New Matter have been served this ;l U day of March, 2001, by US. first-class mail, postage prepaid, to counsel of record listed below: Ron S. Chima, Esquire Shollenberger & Jmuzzi, LLP 1820 Linglestown Road P,O. Box 60545 Harrisburg, PA 17106 Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By -t#.1 ~II~ hn T. PIOn, EsqUIre Two PPG Place, Suite 400 Pittsburgh, PA 15222 (412) 281-7272 Attorney for Defendmt, Charley Trmsportation, Inc. ,.,",,<> " '^'<- ,-,.,:';:,;, ,~"~, ~ , -'''<' ,-",," ",'~' -~,""'- -.:u ~ , ~, .~v~ C? S;, ..::: ~fJ;! ~~: :<cc: >~, Z~! o:;.~~ ... ) ""c :z ::::: 'q C"-"1 _o'~ ~,.> ;::':J r--,,) r'0 -:> S";) c.)f;~ ..< .1- '"'~J =< .:JI \D .I;t: ",- -' . "" C"-,, "_0-- W ,,["' -~ '''', ,_-,-\,,,,''', ",<""",\,,",,',;""""-- c..;;.." '_ v,"'~' ';"i'-":'~'.!~"~.';""- '"e,"";:"'!f " ~ SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW COME the Plaintiffs, Bruce G. Vandergriff and Sandra Vandergriff, by and through their attorneys, SHOLLENBERGER & JANUZZI, LLP, and do respectfully answer the New Matter of Defendants, Charley Transportation, Inc. and William W. Harris, Jr., as follows: 23. No answer required. 24-28. The allegations contained in paragraphs 24 - 28 are conclusions of law which require no responsive pleading. To the extent that a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. 1029(e), 29. Plaintiffs are, after reasonable investigation, without knowledge sufficient to form a belief as to the truth of said averments and the same are therefore denied and strict proof is demanded at time of trial. 1 SHOLLENBERGER & JANUZZI, LLP 1820 L1NGlESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234--3700. FAX (717) 234-8212 www.sholljanlaw.com . ,', "', ~, "- .; " ,c.' ~.c _'.n _ , "'-"'"""",,,.' _L' ,'. G,'-':",'" C'_<_' ,c,- -, "~.,,,", '_ ''',;,;;'-i:.\i , 30-31. The allegations contained in paragraphs 30 - 31 are conclusions of law which require no response of pleading. To the extent that a response is deemed to be required, the allegations are denied pursuant to Pa. R.C.P. 1029(e). 32. Admitted. 33-43. The allegations contained in paragraphs 33 - 43 are denied. To the extent that a response is deemed to be required, any such allegations by Defendants were raised in their Preliminary Objections and argued unsuccessfully in front of Judges Oler, Guido, and Hoffer. By way of further answer, on February 16, 2001, Judges Oler, Guido and Hoffer ordered Defendants to file an answer to Plaintiffs' Complaint. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP B~~~ _- R n S. hima, Esq. ~ Attorney I.D, No. 81916 Dated: April 11 , 2001 2 SHOLLENBERGER & JANUZZI, lLP 1820 LINGlESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234-3700. FAX (717) 234-8212 www.sholljanlaw.com ,';", ,.,.',',_,0 ,,- .. ""U "" , . ' ob.' ",,;"':.~,--~ ,< .,"etO' ~~ ' , < <', ',; ";'~'11 SHOLLENBERGER & JANUZZI, LLP 1820 Linglestown Road P.O. Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiffs BRUCE G. VANDERGRIFF and SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5188-2000 v. CHARLEY TRANSPORTATION, INC and WILLIAM W. HARRIS, JR. Defendants .. .v', ,'! (":~~l!Ii~j~I!li~""';ii~ ,.. , "~: ~,:, >'?:'~"; >~:':~!~~~!\!j~IIiIifj~B;; j , CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW this 11th day of April 2001, I hereby certify that I have served the following Plaintiffs' Answer to Defendants' New Matter on the following by forwarding a true and correct copy of same in the United States mail, postage prepaid, addressed to: John T. Pion, Esq. Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By-4&!~ Attorney I.D. No. 81916 Dated: April 11, 2001 SHOLLENBERGER & JANUZZI, llP 1820 lINGlESTOWN ROAD. P.O. BOX 60545 . HARRISBURG, PA 17106-0545 (717) 234.3700. FAX (717) 234-8212 www.sholljanlaw.com ',j ~ L ". "'~ -;--" ,,~,,;-, ,..', c_;" ~ "",' - 't' ~ 'AU61 4 Zn01 (Y:J t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BRUCE G, V ANDERGRWF, Plaintiff, ) Civil Division ) ) No.: 2000-5188 ) ) ) ) ) ) ) vs. CHARLEY TRANSPORTATION, INe., md WILLIAM W HARRIS, JR., Defendmts, ORDER OF COURT AND NOW, to-wit, this.M~day of -'3u~ 1-J<f ,2001, it is hereby ORDERED that a Settlement Conference will be held ont~ I ~ .G?I. ~ JIJJ~t II: IJd II .m. in Courtroom No, .s- ,In addition it is furthered Ordered that Plaintiff's counsel will give notice to the Workers' Compensation Carrier of the date time for the settlement conference, md a representative for the Workers' Compensation Carrier will be present or risk waving their lien. J UIAdIIl-d E. (;M.J'd~/ tl ~ 6f~ \$~ I 1,,_- '. .. ~ ""' ., "".., ,<"', o,,_y,,<, ~,' ~ , ,,., .""," L ' , , ',,-~ - ~'_J "'"0 ,.~~~- ,_""" " ":'-j~-:'I,\i:,JTi-.FiY l'lI ll!f" ') i ,1! H J:] t.". . ,\;'" It'J" T:' d,) ,', ..... CU. '-..-., '.', ~'(.. ".IN MdcnLJ':'\~u ~AJiJl''.J I PENNSYi.VAN!A {~'''7 ~ ~ .'7" ,;;::," "0' '-' -~ ~"" " "',^, --. ,- ,".,-",- ~",",.-, :.," --"''''..~',--''-' -"""",,-,,~~--,,,,~,,,,,,~-,,,",,, ,-" ''''r\ - ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA , BRUCE G. V ANDERGRWF, Plaintiff, ) Civil Division ) ) No,: 2000-5188 ) ) ) ) ) ) ) vs. CHARLEY TRANSPORTATION, INC" md WILLIAM W. HARRIS, JR., Defendants. MOTION FOR SETTLEMENT CONFERENCE AND NOW, come the defendants, Charley Trmsportation, Inc, and William W, Harris, Jr., by and through their attorneys, Dickie, McCamey & Chilcote md John T. Pion, Esq. and hereby files the within Motion for Settlement Conference: 1. On July 3, 2001 Mr. Vmdergriff's deposition was taken relative to the above- captioned matter. 2. At the deposition the parties entered into settlement negotiations, md after some lengthy discussion, the parties agreed to stop the deposition of Mr. Vmdergriffin order to focus entirely on settlement discussions. 3. But for the refusal of the workers' compensation carrier to cooperate/participate in settlement discussions, this matter would have been concluded, as the parties have tentatively agreed to the terms of settlement, 4. To date, the workers' compensation carrier has failed/refused to participate in the settlement discussions. 5 , We strongly believe that we can settle this matter if the Court would kindly entertain a Settlement Conference on this case, ~. ~ '~< ~, --, '^~.' ""~'---~"'-'~'--', . "."","",,," "'_' ''''_..'" "---,','.'< ""_____",;3>,,,,__," ",'V~_, -'Oil;', . ~ WHEREFORE, the parties respectfully request that this Honorable Court enter an Order scheduling a Settlement Conference for this case. By: Jo Two PPG Place, SUite 400 Pittsburgh, PA 15222 (412) 392-5452 Attorney for Defendmts _n ~_ r __, _""'"~__ . ,,"',=~ ~'/"">,," "__;___'" C.:' <,'" < " '~"'- .'';;'1'''' ,;<~ '. ",_,'l 0 .,i:..,,",,; , "<, ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA , BRUCE G. V ANDERGRWF, Plaintiff, ) Civil Division ) ) No.: 2000-5188 ) ) ) ) ) ) ) vs. CHARLEY TRANSPORTATION, INC., and WILLIAM W. HARRIS, JR" Defendants, ORDER OF COURT AND NOW, to-wit, this day of , 2001, it is hereby ORDERED that a Settlement Conference will be held on at .m. in Courtroom No, , In addition it is furthered Ordered that Plaintiff's counsel will give notice to the Workers' Compensation Carrier of the date time for the settlement conference, and a representative for the Workers' Compensation Carrier will be present or risk waving their lien. BY THE COURT: r ~,'" -~ "'<',",~~ !--<'-'"'~ '~'-i~ "--, '".,,'" ,""," . ,,',. '"".i.-;' ';>'",~, .,--~. "". ',d', ,,,"'"-~ "'\ CERTIFICATE OF SERVICE I, John T Pion, Esquire, hereby certify that a true and correct copy of the foregoing Motion for Settlement Conference was served upon counsel of record by US. Mail, postage prepaid this 4-~ ofJuly, 2001. Ron Chima, Esq, Shollenberger & Januzzi 1820 Linglestown Road Harrisburg, P A 17110 DICKIE, M,CAMEY & ~HJLC~ , Pion, Esquire -'ij .~,' '," ~"=' .- .~. " ,,,. ~ -, "...',.... ," ",""" - "","-J ~,_ ~ ~ . . 0 C) CI C ';-j :s: ~~ -orl.~ n'lrr. 2;') -7-" .L---.,-" ~~i: 0.' ,~. ~:;" ~Ci -V '~].f~ ZO ::r: ~CJ t,J (j!0 )>' C ,"'"-1 :z r::- .". ~ J:"" ~ c , r,",-,' Jiim;,; " BRUCE G. V ANDERGRWF & SANDRA V ANDERGRlFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLEY TRANSPORTATION, INC. & WILLIAM W. HARRIS, JR.: NO, 2000-5188 CNIL TERM ORDEROF COURT AND NOW, this 28TH day of SEPTEMBER, 2001, by agreement of the parties the settlement conference scheduled for September 28, 2001, at 11: 15 a.m. is continued generally. It will be rescheduled at the request of any party. :sld Edwml E. Gmdo, !;t ~~ ~\(i~ Carl Januzzi, Esquire Scott D. Clements, Esquire John T. Pion, Esquire I i,~_,."." _ I' o,_,~ _r,_ _ !"!Ill" .~',~-- ,,,,'~"'" , I"" iJ i ory ... I ;J:; ~': n t; , . j"" I j I j I,. ~ r..., r;, 'i\'iC;"n! r "I i (";11' "1,17" VUJ""l_~r,... ,~., " -, _< V,-, J IJ I I PENNSYL\'l!NIA <-, ~,,'il~;>WIl~_, ,_Iw. . ,.,., ,.,., " LAw OmCl.$ or DICKIE, MCCAMEY & CIDLCOTE AP&ofESS:[ONAL~D.aat'I(lN Two PPC P:r..A.cEt:, Satt.E 400 PlTI8BtJRGI(.~V.A!'to"IA. 15222-5402 WWW.DM.CLAW.coM TltL 4121281.7272 F=4121392-S367 ~ Jl!MEy omo 609/844.7744 740t:z84-16ll2 \VPsrVm.GINIA 3041233-102:2 l'mI..<Ol!LPlllA 2151925-2289 .lo1m T. Pion ~at..Law AClnitfud in FA&: Off 4121392-5356 piQnj@cLncla.w.oom. September 25, 2000 Pia Facsimile Honorable Edward E. Guido County of Cumberland 1 Courthouse Square Carlisle, PA 17013-3387 .J b. t)t(t(C L 'if- I' t,p ,""', ~ p\ ~-;. /':tJv"-f -J' ~ <.."'" Re: Vmdergriffv. Charley Transportation -LN C . No. 2000 - 5188 ) . L.v .. ;/ i 'A rj/\ Vv' i - II " -, nr"l/c:,iC, S vf( / Dear Judge Guido: After confening with Carl }anuzzi, plaintiff's counsel, I believe that we have come to terms of a settlement; however, collateral issues will not permit completion of the settlement for at least 30 days. _'.. . As Y..5lli. know, a settlement conference is scheduled before your Honor for flli~:~~ig~f!t}t~g? ,fi~~~~~~~g~O:Q:r:'a:t'1;~:~1l~~7;i~ Based on my conversations with:MI. Januzzi, I would kindly request that the settlement conference be postponed fur 30 days as it is possible that no settlement conference will be needed. By copy of this correspondence to Mr. Januzzi, I wanted to confirm that he will advise counsel representing the workmen's compensation carrier that the settlement conrerence is postponed. I trust this correspondence is sufficient for purposes of postponing the settlement conference and tbat a forroal motion is not required by your Honor. 9v8-, eOO/ZOO.d 1l8-L mmsm+ B10~1 !4~ pUB ~BWB~O~ B!~O!a-WOJ. 9v:91 IO-9Z-dBS '\, ,/ September 25,2001 Page 2 Thank you for your kind attention. JTP:nl cc: Carl Januzzi, Esq. (Via Facsimile) Sl'H EOO/EOO. d 118-! msmm+ , ".". "~ Very truly yours, i~/4n L,: John T. Pion f), &IO~1 !4J pue ~&weJ~~ &!~~!a-WOJ~ ",. '1" ~" 9l"91 IO-9Z-d&S - ~.~. ~ "'" ~. .J -- LAw Omas Of DICKIE, MCCAMEY & CffiLCOTE APRo""""'ALC""""",,UON Two l'l'G f'I,ACE, SI1I1'l'400 __l'I:IQlsn.v""", Is:l22-S402 WWW..DMcLAW.COW Tm.. 41:ll2RJ.?272 FAX 412/392-5367 PIIILADIiLPllI.< NEwJDsl!Y O!ll<l WEsrViRolmA 21S/!l~S-228!l BSG/9lCS.s473 7'10/284-1682 304J233-1022 FAX COVER SHEET DATE AND TIME: Seotember 25. 2001 - 4;34 om PLEASE HAND J)ELIVER,AS SOON AS POssmu:, TIlE FOLLoWING FACSIMILE TRANSMISSION TO: NAME: COMPANY; Honorable Edward E. Guido FAX NO.; 717-240-6462 FileNo,; Client No.; RE: FROM: John T. Pion. EsQ. MESSAGE: IF YOU BA VE ANY PROBLEM RECEIVlNG THIS TRANSMISSION, PLEASE CONTACT: NIltIelte AT 4121392-5452 TOTAL NUMBER OF PAGES (including cover sheet): .3 TRlS MESSAGE IS lNTJlNl)l'J) ONLY FOB TIlE USE OF THE IliDlVIDl.IAJ;. OR ~ TO walCH If lSl\,PDRESSBD AND MAY CONTAIN'INFOllMAl1ON THAT IS PRIV1LEGID. t'1'/N1'1tlENTlAL. ANIllll!EMP!!;lllWlM i;1.lSCLOS'llll.EIlNfJ"lm.&'PLTCAM.R LAW. IF TIlE READER OF TIllS' MESSAGE 1$ ~OT TJiIE INTE:lIlDIID llECI1'II:NT, OR(TllE i~YP OR: ~1lJ;;s1>QNS:IlltJlI'OR DF.!-lVJlBilNG 'I'm MESSAGE TO TllE IN'I'I>NDTID R:ECI1'IBNT, YOU ARB ~N'0'l'lPIED THAT .IiNYD~AnON. DlSTRJBurroN. OR co~O OF THIS COMMUNICATION IS sTRlCTLY PROBIIlII'ED. IF YOU IL\VB llECFJV!D lHIS COwromCAnoNIN J!RROR, PLEASENOTIPYUSIMl\imXlIATELYBYTELEPHONl1. AND RBTtmNTHE01UGlNALMESsAlm TOtIS ATTllE /UlOVB ADDREss VIA TllE U.s. POSTAl;. SERVICE. '!llANK YOU. SP9-~ eOO/lOO.d llS-l mmem+ B10~1 !4" pue ~BWe"~~ B!~~!a-WOJ~ 9~:91 IO-SZ-dBS "" <_n,'q,- ","," ,. '~ ,_ , _'-0,,,",, ,'<- ..".0 "co' ", ,', ," V ., Co, ,Con,_ "~^ ,-';''', .<~.;_ _~ ~':~< ,'" b" ~ _' _ _ _~ SHOLLENBERGER & J ANUZZI, LLP 1820 Linglestown Road P,O, Box 60545 Harrisburg, Pennsylvania 17106-0545 Telephone Number: (717) 234-3700 Fax Number: (717) 234-8212 Attorne s for Plaintiff BRUCE G. VANDERGRIFF & SANDRA VANDERGRIFF, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-5188 CHARLEY TRANSPORTATION, INC. & WILLIAM W. HARRIS, JR. Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED To the Prothonotary: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, Shollenberger & Jannzzi, LLP Attorneys ti P 'ntiff By: Dated: February 11, 2002 SHOLLENBERGER & JANUZZI, UP 1820 UNGLESTOWN ROAD. P.O. BOX 60545. HARRISBURG, PA 17106.0545 (717) 234-3700 . FAX (717) 234--8212 ='.',-- .-- ~" ,~ '__0 , ,~ .~ '"'--- ,^ ~ t..1' '~ ~ . C) C .o>;_~ ~~. C/) ~',; ~ ~ """-.--- CC) ~2 Z =< i-~ < :i I ~: -." Pi CJ u -'{:I , , ';;.~;' c' ~j