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Home My WebLink About01-1062 FX "',,", . '",,,-,, " " ~ -,"'- -,- -~--.- '", '_0.' '~__""" ~_~" . ' , -'--n'~ WILUAM NiARTI""{i{O, Plaintjff : IN THE COURT 01" COMMON PLEAs OF : CUMBERLAND COUNTY, PENNSYlNANJA : v . : NO. 01-1 Ol6;t CIVIL FLYINGJ.,INC., TlD/B/A FLYING J TRAVEL PLAZA, Defendant : CML ACfION : JURY TRIAL DEMANDED NOTICE TO PLEAD You have been sued in C.ourt. If you wish to defend against the claims set forth in the following pages. you must take action within (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 Of O~iectiOT1~ to the claims set forth against you. You are warned that if you fail to do so the case may proce<<l without you omd a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintif[ You may lose money or property or other rights important to you. YOU SHOULD TAKE TIDS 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 our wm::aE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 . -~- - -~ -, ..,.. - ~--.~--;,--"-"""-,_-,,,,- <-"-_"<''''"'d,"_:< ";b'I'!}"'.'""",-",--" . .--, ~'~.'Ch'~"'-"_~'_~~"''';,A;'';.;'C,03,,>_ ; ,,-,:,,: Iii: WILLIAM MARTINKO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v . :NO.Ol- Jp{,.2. CIVIL FLYING J., INC., Till/B/A FLYING J TRAVEL PLAZA, : CIVIL ACTION : JURY TRIAL DEMANDED COMPLAINT 1 The Plaintiff is William Martinko, an adult individual residing at 404 Clayton Avenue, Wilmington Delaware, an over the road truck driver who owns and operates his own tractor truck and trailer. 2 The Defendant is Flying J, Inc., a foreign corporation based in Utah having a principal office located at Flying J Travel Plaza, 1505 Harrisburg Pike, Carlisle, Pennsylvania. 3 Flying J is in the business of servicing commercial motor vehicles, including the performance of routine oil changes. 4 On, or about, August 20, 1997, Martinko delivered his tractor truck to the Defendant for a routine oil change. 5 On September 6, 1997 at approximately 6:00 a.m., Martinko left Bethlehem, Pennsylvania, driving at above mentioned vehicle when his truck broke down. '--"', '.'^- -'..',--1 ~"'_-'-"h.,;I' ..;,.~~,' _"'~-_","_~_u_<-_"~,;,.~,~,,,_,__,-,,'o 'j"-';e _ ':""''';~~j 6 Martinko's truck was towed to a garage where it was discovered that the oil pan plug fell out and all of the oil had drained out of the engine. 7 As a consequence of the loss of oil from the oil pan plug falling out, the engine in Mr. Martinko's truck seized up and caused substantial damage to the engine. 8 Flying J performed the last oil change before the plug fell out. 9 An oil plug is properly sealed when the proper torque is used to install the plug after the oil is changed. 10 The proper torques for the oil plug for Martinko's truck is found in a manual that should be referred to when an oil change is performed. 11 The estimated of repair for the engine is $25,215.41. 12 Because of the damage to the truck engine, Martinko lost work with a value of $3,000.00. 13 Because of the damage to the truck engine, Martinko would incur lease payments during the normal time of repair at the rate of $293.00 per week for a period of eight weeks for a total of $2,344.00. . ~'''-" ~-,' -,~ '_'_"-'_"_,>,. ",,,",,'oi'~"''''''V-,".!'l;.;~''''-'~';<',,: -"';"'" ",,_~,--"' Count I - Martinko v Flvin2 J. Inc. - Ne21i2ence 14 Paragraphs I through 13, above, are incorporated herein by reference as though textually set forth at length. 15 Flying J owed Martinko a duty to exercise reasonable and ordinary care in performing the oil change on Martinko's truck. 16 Flying J failed to exercise reasonable and ordinary care in changing the oil of Martinko's truck by not properly sealing the oil pan plug. 17 Flying J's failure to exercise reasonable and ordinary care in changing the oil of Martinko's truck was 'a direct and proximate cause of the oil pan plug to fall out and the resulting damage to the vehicle. 18 As a direct and proximate result of Flying J's negligent performance of tightening the oil pan plug on Martinko's truck, Martinko sustained damages to the vehicle in the amount of $25,215.41. -" "0-- , , """',," ,. - ,- --0- .~ ,'-","-1.<" "' _"-"'''''_-'<'''-'';"__-~~'",' ,,',,"-:~-,>,,'i ii""j ," ~,-"',, _ '''j: 19 As a direct and proximate result of Flying J's negligent performance of tightening the oil pan plug on Martinko's truck, Martinko lost work in the amount of $3,000.00. 20 As a direct and proximate result of Flying J's negligent performance of tightening the oil pan plug on Martinko's truck, Martinko incurred costs for the lease of a different truck in the amount of $2,344.00. 21 As a direct and proximate result of Flying J's negligent performance of tightening the oil pan plug on Martinko's truck, Martinko sustained incidental costs for towing, etc. in the amount of $828.00. WHEREFORE, Plaintiff requests relief in the form of a judgement for damages in the amount of $31,387.41 plus Martinko's attorneys fees and costs in pursuing the litigation; and any other relief deemed appropJiate be the Court. Respectfully submitted, Hubert X. Gilroy, Esq e Attorney for Plaintiff Broujos & Gilroy, P. . 4 North Hanover Street Carlisle, P A 17013 Supreme Court 10 No. 29943 (717) 243-4574 ," " ,--, - "0--',, -' -" [','; ,'-'", ~_'_ '. :-0,1 '.J/,,, :': 1-__' -,_",,,,C",;'" - ;, -'~ ""'kj I verify that the statements made in the foregoing document are true and correct. I tUlderstand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to tUlswom falsification to authorities. I DATE: .-ftl- i 0 - m ~'W,l~~-ll<~1aiJt~~ii~fi..-.ii~l<f:ijff!i'~~"A"'H"U;.'lii'-;i,"-"~_ ~, ,I ~ ~ ~ 'tk 0 iJ -l.J ~ '-0 0 ~ '-' " ^",~.-- ~"^ -^< -< " ,~~ '- "'ll .~\~) IJl Q Co 0 ""t:> '><. ~ ~ -I ~ ,-,,", f;'~' ? ","';;; / (ry, ~ d' ""'" ~ C0 (~ ~~~-~ ~'" (.~-. - .., ~ 'l!r ~~ c' ~';~ --'-"." .:~ -~' , V) c> '<q , J . _:J f'.,,) c. :::~"" , :;-C'") , -I', 'n ~J? C- n.:> ,;;;;;: Ljf':l .~':; -< "it" ~,.. "-. , - ,0 _,...-=-~, _...~"""""",___ ~. t"J I ~_~ ), J '''..Lo c~ ~,,' SHERIFF'S RETURN - REGULAR CASE NO: 2001-01062 P COMMONwEALTH OF PENNSYLVANIA: ~OUNTY OF CUMBERLAND MARTINKO WILLIAM VS FLYING J INC ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsy1vania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FLYING J INC, T/D/B/A FLYING J TRAVEL PLAZA the DEFENDANT , at 0009:09 HOURS, on the 26th day of February, 2001 at 1505 HARRISBURG PIKE CARLISLE, PA 17013 by handing to ANTHONY LUCAS (MANAGER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So A~~~~ 18.00 3.10 .00 10.00 .00 31.10 R. Thomas Kline 02/28/2001 BROUJOS & GILROY me this d...z. ~1 day of Sworn and Subscribed to before By: '1vt.a ~ 026rJ I A. D . q ~' ';ff , (;1 /h J t1 #/ ~ 4ptu; thonotary / ~~ -" ~ . '~,'-> ' " " -; ~ -- - '1,-- ',' - - -" -"~ ,". "'-,"-'~-:)-~,, :o<;,;~__' - - ~~~ ~, .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 01-1062 CIVIL FLYING J., INC., t/d1b/a FLYING 1. TRAVEL PLAZA, Defendant CIVIL ACTION JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: Prothonotary - Cumberland County Kindly enter the appearance of the undersigned on behalf of Defendant, Flying 1., Inc., t/d/b/a Flying 1. Travel Plaza, in connection with the above-referenced case. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEM~ & 0 IN BY: (Aft Tim hy.l:. ahon, Esquire 100 Pine tre t - 4th FL P.O. Box 803 Harrisburg, P A 17108-0803 I.D.529l8 (717) 232c9323 Attorney for Defendant, Flying 1., Inc., t/d/b/a Flying J. Travel Plaza DATE: 105 ~AILIABI TJM\LLPG\68955ISXV\20614150000 " -", -^- . '.~,,- -;;,,<1,'- _0"-..." ,<'",,__',_', Ie d~','~,' ,-','; 1,",:,,, '""":",-~,,,; ~___ 'JI&1\-,-' . .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 01-1062 CIVIL FLYING J., INC., tJdlbla FLYING 1. TRAVEL PLAZA, Defendant CIVIL ACTION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this;L 9 day of March, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: TO: Hubert Gilroy, Esq. Broujos and Gilroy, P.c. 4 N. Hanover St Carlisle, PA 17013 p~ ~ 105_ AILIABI TJMILLPGI689561SXV\20614150000 ~~~H~~~ili~~~!I;i""_.mw~ ~ ~'r ~,',''', '_ ,n ,~_',""'~","'"""," ,~. -. .' I" ,-', ,_" "'_ ""'F",j"f',~""'. '~"',__,, ",'",,' """,~~__" ,',uc ./, Wi- ~, ''C_ ". ~<^- .1, ~" ~I,",""" " "'" ,.' . () c> c'.-, s.::; , , ":: d)t7 ~-~ -'-I ~;;;~: LV c/j> C:t ~( ~... C 7,.::: >- C:I .. c c.-,) 2~ :'0 ;~ =2 <D :.0 -< "" ". l' ,,;: " . ~~ - ~, ~"-"' ~~. ~, .~".J~, I;, , I ,_.' ,,> 1 ! ,"",,- ~iIlIlllW<, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA WILLIAM MARTINKO, Plaintiff v. No. 01-1062 CIVIL FL YINO J., INC., Vd/b/a FL YINO 1. TRAVEL PLAZA, Defendant CIVIL ACTION JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT I. Admitted in part; denied in part. It is admitted only that Plaintiff is who he says he is. The remaining allegations of this paragraph are denied because Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth thereof, and accordingly the allegations are denied and proof thereof is demanded at trial, if relevant. 2. Admitted in part; denied in part. It is admitted that Flying J., Inc. is a foreign corporation. It is specifically denied that Flying 1., Inc. has a principle office located at the Flying 1. Travel Plaza, 1505 Harrisburg Pike, Carlisle, Pennsylvania, as alleged. To the contrary, Defendant's principle place of business is in Brigham City, Utah. By way of further answer, Defendant maintains a place of business located at the Flying 1. Travel Plaza, 1505 Harrisburg Pike, Carlisle, P A. 3. Admitted. I' L'[ J. L~" ~~ 4. Admitted in part; Denied in part. It is admitted only that Defendant performed a routine oil change upon a vehicle at the request of William Martinko at its travel plaza on the Carlisle Pike on or about August 20, 1997, as alleged. To the extent that the allegations suggest or imply that Defendant had exclusive control of Plaintiff s truck on August 20, 1997, all such allegations are specifically denied. 5. Denied in accordance with Pa.RC.P. 1029(e) 6. Denied in accordance with Pa.RC.P. 1029( e). 7. Denied in accordance with Pa.RC.P. 1029(e). 8. Denied in accordance with Pa.RC.P. 1029(e). 9. Denied in accordance with Pa.RC.P. 1029(e). 10. Denied in accordance with PaRC.P. 1029(e). II. Denied in accordance with Pa.RC.P. I 029( e). 12. Denied in accordance with Pa.RC.P. 1029(e). 13. Denied in accordance with Pa.RC.P. 1029(e). COUNT I: MARTINKO V. FLYING J.. INC. - NEGLIGENCE 14. Defendant incorporates by reference its responses to paragraphs 1-13 above as if set forth at length herein. 15. Denied in accordance with PaRC.P. 1029(e). 16. Denied. Defendant Flying J., Inc. specifically denies the allegation that it failed to exercise reasonable and/or ordinary care in changing the oil of Martinko's truck and further denies that allegation that it did not properly seal the oil pan clog as alleged. To the contrary, at all times relevant to the material in the well-pleaded allegations set forth in Plaintiffs Complaint, 2 ~~ - ~ ,I' .' I;' ;" w' , -,' ~. ,,,;.; '""~<V~, Flying J., Inc. acted with reasonable care under the circumstances. By way of further answer, the allegations set forth in this paragraph are denied, pursuant to Pa.R.C.P. 1029(e) as conclusions of law to which no further response of pleading is required, and accordingly proof thereof is demanded at trial, if relevant. 17. Denied. The allegations of this paragraph are denied In accordance with Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant. 18. Denied. The allegations of this paragraph are denied In accordance with Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant. 19. Denied. The allegations of this paragraph are denied In accordance with Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, ifrelevant. 20. Denied. The allegations of this paragraph are denied In accordance with Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant. 21. Denied. The allegations of this paragraph are denied In accordance with Pa.R.C.P. 1029( e) and proofthereof is demanded at trial, ifrelevant. WHEREFORE, Defendant flying 1., Inc. demands judgment in its favor and against Plaintiff, together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 22. Plaintiffs claims are barred by the applicable statute of limitations. 23. No act or omission on the part of Flying J., Inc. was a substantial contributing factor in causing Plaintiffs damages, all such damages being expressly denied. 3 - ' _' !, ' , ,~ I ,,' ,-<-<i__[ _","", ~, 24. Plaintiff's damages, if any, were caused in whole or in part by acts and/or omissions on the part of persons and/or entities other than Flying 1., Inc. and for which Flying J., Inc. is not responsible as a matter of law. 25. Plaintiff's Complaint fails to state a cause of action upon which relief may be granted as a matter oflaw. 26. Plaintiff's Complaint fails to properly plead a claim for attorney's fees as a matter of law. 27. Flying J., Inc. reserves its right to raise one or more of those defenses reserved through PaKC.P. ~ 1030. 28. Plaintiff's Complaint describes certain maintenance work as having been performed upon Plaintiff's truck by Flying 1., Inc. in September of 1997; Plaintiff instituted this cause of action by filing his Complaint on or about February 23, 2001. To the extent that Plaintiff or others acting for or on behalf of Plaintiff have failed or neglected to retain physical evidence relevant to this action and/or to the extent that Plaintiff's use and/or maintenance of the , subject truck over the intervening months and years has caused the destruction and/or dimunition of evidence relevant to this action, then Defendant's ability to defend this action has been materially prejudiced and impaired through spoliation of evidence for which Defendant is not and was not responsible, and accordingly a claim is pleaded therefore. 29. Plaintiff's damages, all such damages being expressly denied, were caused in whole or in part by Plaintiff's own negligence in operating, maintaining, and/or inspecting his truck and such negligence may operate to limit and/or bar Plaintiff's claims against Defendant in this action. 4 -..... ~~ ..... I ~'.J , ~ ',- -. I J ~-.I, :, t_-I. ~.,,;;,;, !,', ----~ WHEREFORE, Defendant Flying l, Inc. demands judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. Respectfully submitted, 1iARSHALL,DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: f4Aj 2/ 1m1 105_ A\LIAB\TJM\LLPGI68965ISXV\20614\50000 BY: Timo y. Mahon, Esquire 100 Pine tr et - 4th Fl. P.O. Box 803 Harrisburg, P A 17108-0803 LD.529l8 (717) 232-9323 Attorney for Defendant, Flying l, Inc., t/d/b/a Flying l Travel Plaza 5 , " '-,,' ,Ii "I "" :-;11 ".,-,"~ ',^ -~' - " ' ........ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 01-1062 CIVIL FLYING 1., INe., tJdIb/a FLYING J. TRAVEL PLAZA, Defendant CIVIL ACTION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 0 day of May, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: TO: Hubert Gilroy, Esq. Broujos and Gilroy, P.e. 4 N. Hanover St Carlisle, P A 17013 105_ AILIABITJMlLLPG\68956\SXV\20614150000 -~,,-- I' " I, J I ""' _" '''',L' .,' ~, VERllfIr ~ TIDN I heretly afflml that the. following facts are cotract: I, Geo~p Ko1.1tt.. am a repmentlltive of the DeU:cdant in tl:ie foregoing ;~OTl, and I am autharim1 to execute tbis COJporate Verifioatiou Cl11 ~ of Flying 1., Inc., tfdlbla Flying J. Travel Plw. The atl:ac:hGd, D;f;ndam:'s Answer with New Matter to Plamtiffs Complaint. is based upon lnformation which has been gathered by my cOUllIlel in the ddeJl.s~ of ltWll:iwsuit. The language of the Defendant's Answer with New Matter to Plaintiff's Complaint is that of , lXlunsel and not of me. I have read. the Dc::fcmdaut's Answer with New Ma.~ter to 1'Ialntiifs Complaint, llIlG to the cdatt that the De~'s Answer with New Mat;er to PlaiIui:ffs Complaint i5 based. upon lnft>tmllticll which I have given to my counsel. it is l1'Ue and correct to me b~ of;ray knowledge. intannalion. 8114 be.lie.t: To tl2e C!ldcllt lhat the COZltent$ of !he Pc1i::ndlmt's A!lsWer with New Matter to I'Iaintifi's Camplatnt are !hat of \:0=1. I have relied llpOft COUllS!!! in ~ this Vcdlicatlon. I hereby acknowled&e that the facts set forth in the tforcsaid lkfmdant's Answer with New Matter 10 Plaintiff's Complaint are made subject to the penalties of 18 Pa.C.S. ~904 relaring to unsworn &Istiicauon to authorities. r~D~1 Ilate / ~~G.u;~ 1OS_^Il.IAIiIITJM\LLPOillS9B3\5XY120614\JOOOO ~lII!ilIii:~im:.l~iiili~M1W,!i&il;ltillli:~~litw~~"'~ijkl,~oJroli""',!M."'.i"'''',''';';!i',',mtlWl)'!lill;aih~BlH!~~iH.gggj~~f ~~ .I"~ ,,,,",-,.1 . -- "~,, -~,~---" '..] ,,-~ ,,,.,'."<'- ,,', ., 'c ~, '~-t~"'- '" ~ " ''"'.-'"-'' """_iii = 'Ii () C) 0 c: -n ~ :x ::1 -ocr:; ]':;'_-'1- r:lp Q)QJ -< ..:._..u , :~~9 655:-; co --< ..::.:.. C:)(J (2C! "". ~~~ ~c,~ _:n. ,.(-0 '8 ;':::O;fTl 5c: ,~ -, z Ul ~ :< .;:- _.' " ,~_ """,~__ ~ - "4 ., ,,~_~.~" "'-~."'" _Ii " ! I _.~~ ""'~d<'~1!:"", , ~ . J It t IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 01-1062 CIVIL FLYING J., INe., t/d!b/a FLYING J. TRAVEL PLAZA, Defendant CIVIL ACTION JURY TRIAL DEMANDED MOTION FOR A JUDGMENT ON THE PLEADINGS 1. Plaintiff, William Martinko, instituted this action by filing a Complaint on February 23,2001. A true and correct copy of Plaintiff's Complaint is attached hereto as Exhibit "A". 2. In his Complaint, Plaintiff alleges that on August 20, 1997, his tractor truck was serviced by Defendant, Flying J., Inc., and on September 6, 1997, his truck broke down near , Bethlehem, P A. (See Exhibit nAn, paragraphs 4,5) 3. Plaintiff alleges that his truck broke down because of a loss of oil and in turn, the oil leaked out because Defendant, through its employees, failed to properly torque the oil plug after changing the oil in the truck (See paragraphs 7,8,9 of Plaintiff's Complaint) 4. Plaintiff has pleaded a single cause of action against Defendant, and that cause of action alleges Negligence on the part of Defendant. (See Exhibit nAn, paragraphs 14-21) 5. Defendant filed its Answer with New Matter to Plaintiff's Complaint in this action on May 8, 2001. (A true and correct copy of Defendant's Answer With New Matter to Plaintiff's Complaint is attached hereto as Exhibit nBn) ,-"" ~"' .'l' ~~ j I~~ ^~ . ~ t/ Q J In its Answer With New Matter to Plaintiffs Complaint, Defen~ant has pleaded that Plaintiffs claims are barred by the applicable Statute of Limitations. 6. Construing the allegations in the light most favorable to Plaintiff, it would appear that Plaintiff undoubtedly became aware of a potential cause of action against Defendant no later than September 6, 1997. 7. Accordingly, Plaintiff should have filed an action against Defendant no later than September 6, 1999, in order to bring a viable cause of action sounding in Negligence. 8. A two-year statute of limitations applies to the alleged Negligence action against Defendant. 8. Plaintiff failed to bring a cause of action based upon Negligence against Defendant within that two-year time frame and accordingly, Defendant is entitled to Judgment on the Pleadings as a matter of law. WHEREFORE, Defendant, Flying l, Inc., respectfully requests that its Motion for Judgment on the Pleadings be granted and that Plaintiffs Complaint be dismissed with prejudice. DATE: MAy 1011(01 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEM~ & G BY: (),l Timo y c on, Esquire 100 Pine Street - 4th FL P.O. Box 803 Harrisburg, P A 17108-0803 LD.52918 (717) 232-9323 Attorney for Defendant, Flying l, Inc., t/d/b/a Flying l Travel Plaza 105_ A ILIABITJMILLPG\71 028\SXV\20614100 137 - ~'''""~~;'-'; , . . J .. WILLIAM MARTINKO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVA."IIA : v ; NO. 01- /0&;). CIVIL FLYING J., INC., TlDlBlA FLYING .i TRAVEL PLAZA, Defendant : CIVILACI10N : JURY TRIAL DEMANDED NOTICE TO PLEAD 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 (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 c!aim.<; 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 finther 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. Cumberland County Bar Association 2 Liberty Avenne Carlisle, Pennsylvania 717-249-3166 TRUE COpy FROM RECORD m Testimony WIIereot, there unto set my llano and the ~f ~~ at GarUs!e. Pa. r~ls 3{ , ~o . ~~ J-tXJl DEFENDANT'S ProthooomrV Jfr I,....,..,.,"',~BIT"'..',,'..~,,.", , "',' __" 0 i I ' ~ u ~<; . " . WILLIAM MARTINKO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01- CIVIL FLYING J., INC., TIDIBIA FLYING J TRAVEL PLAZA, : CIVIL ACTION : JURY TRIAL DEMANDED COMPLAINT I The Plaintiff is William Martinko, an adult individual residing at 404 Clayton Avenue, Wilmington Delaware, an over the road truck driver who owns and operates his own tractor truck and trailer. 2 The Defendant is Flying J, Inc., a foreign corporation based in Utah having a principal office 'located at Flying J Travel Plaza, 1505 Harrisburg Pike, Carlisle, Pennsylvania. 3 Flying J is in the business of servicing commercial motor vehicles, including the performance of routine oil changes. 4 On, or about, August 20, 1997, Martinko delivered his tractor truck to the Defendant for a routine oil change. 5 On September 6, 1997 at approximately 6:00 a.m., Martinko left Bethlehem, Pennsylvania, driving at above mentioned vehicle when his truck broke down. ,~~" . "t '. -,I "" 1 N , Lj~ ,,~'-- -~K' 0/ . . . 6 Martinko's truck was towed to a garage where it was discovered that the oil pan plug fell out and all of the oil had drained out of the engine. 7 As a consequence of the loss of oil from the oil pan plug falling out, the engine in Mr. Martinko's truck seized up and caused substantial damage to the engine. 8 Flying J performed the last oil change before the plug fell out. 9 An oil plug is properly sealed when the proper torque is used to install the plug after the oil is changed. 10 The proper torques for the oil plug for Martinko's truck is found in a manual that should be referred to when an oil change is performed. II The estimated ofrepair for the engine is $25,215.4l. 12 Because of the damage to the truck engine, Martinko lost work with a value of$3,000.00. 13 Because of the damage to the truck engine, Martinko would incur lease payments during the normal time of repair at the rate of $293.00 per week for a period of eight weeks for a total of $2,344.00. , , <- t' 1-". L,l-1 \'. '('l~:ffii,,:.: . . of . Count I - Martinko v Flvinl! J. Inc. - Nel!lil!ence 14 Paragraphs 1 through 13, above, are incorporated herein by reference as though textually set forth at length. 15 Flying J owed Martinko a duty to exercise reasonable and ordinary care in performing the oil change on Martinko's truck. 16 Flying J failed to exercise reasonable and ordinary care in changing the oil of Martinko's truck by not properly sealing the oil pan plug. 17 Flying 1's failure to exercise reasonable and ordinary care in changing the oil of Martinko's truck was 'a direct and proximate cause of the oil pan plug to fall out and the resulting damage to the vehicle. 18 As a direct and proximate result of Flying J's negligent performance of tightening the oil pan plug on Martinko's truck, Martinko sustained damages to the vehicle in the amount of $25,215.41. 1-' ;I~ ~--- "'; . .' . , 19 As a direct and proximate result of Flying J's negligent performance of tightening the oil pan plug on Martinko's truck, Martinko lost work in the amount of $3,000.00. 20 As a direct and proximate result of Flying J's negligent performance of tightening the oil pan plug on Martinko's truck, Martinko incurred costs for the lease of a different truck in the amount of $2,344.00. 21 As a direct and proximate result of Flying 1's negligent performance of tightening the oil pan plug on Martinko's truck, Martinko sustained incidental costs for towing, etc. in the amount of $828.00. WHEREFORE, Plaintiff requests relief in the form of a judgement for damages in the amount of $31,387.41 plus Martinko's attorneys fees and costs in pursuing the litigation; and any other relief deemed appropriate be the Court. Respectfully submitted, Hubert X. Gilroy, Esq e Attorney for Plaintiff Broujos & Gilroy, P. . 4 North Hanover Street Carlisle, PA 17013 Supreme Court ID No. 29943 (717) 243-4574 "~ - .' ~ I .,f,: / . .. , I verifY that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A. C.s. Section 4904 relating to unswom falsification to authorities. DATE:QJ -10'" 0 I Jkl.~o.~~ 14:-i.L lIiam Martinko ' " . . " . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 0] -] 062 CIVIL (') 0 _0 c -,., ::?" :::.: "'"t'tIj ,..~ :f~ mf'j'1 -< -,., Z:::::1 r::::: ~J~.: , .. ~ CD . ",' b r:;:;"~ ~~j : =? ;<U ~ ~0 =;: -~".::-"" ~8 U) ~\; ~~ ~~ ,~ z: -~ ~ ':..n ):-.- -< ..,.. .::..:J -< W]LLIAM MARTINKO, Plaintiff FLYING J., INe., Vd/b/a Ft YING J. TRAVEL PLAZA, Defendant CIVIL ACTION JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT 1. Admitted in part; denied in part. It is admitted only that Plaintiff is who he says he is. Tbe remaining allegations of this paragraph are denied because Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth thereof, and accordingly the allegations are denied and proof thereof is demanded at trial, if relevant 2. Admitted in part; denied in part. It is admitted that Flying J., Inc. is a foreign corporation. It is specifically denied that Flying J., Inc. has a principle office located at the Flying J. Travel Plaza, 1505 Harrisburg Pike, Carlisle, Pennsylvania, as alleged. To the contrary, Defendant's principle place of business is in Brigham City, Utah. By way of further answer, Defendant maintains a place of business located at the Flying J. Travel Plaza, ]505 Harrisburg Pike, Carlisle, P A. 3. Admitted. , DEf~f;JbANT"S' 1/'~Hr~I'" .,... ",B . . ,', . ,-' . -" , --.~ '. - , --" ",,-. _..~, '..-"---.--- ....-..'--.,J_._.,_' ,,- """"'" ' , "' I-I,," i\.,,-: / . .. 4. Admitted in part; Denied in part. It is admitted only that Defenaant performed a routine oil change upon a vehicle at the request of William Martinko at its travel plaza on the Carlisle Pike on or about August 20, 1997, as alleged, To the extent that the allegations suggest or imply that Defendant had exclusive control of Plaintiffs truck on August 20, 1997, all such allegations are specifically denied. 5. Denied in accordance with Pa.RC.P. 1029(e) 6. Denied in accordance with Pa.RC.P. 1029(e). 7. Denied in accordance with Pa.RC.P. 1029(e). 8. Denied in accordance with Pa.RC.P. 1029( e). 9. Denied in accordance with Pa.RC.P. 1029(e). 10. Denied in accordance with Pa.RC.P. 1029(e). 11. Denied in accordance with Pa.RC.P. 1029(e). 12. Denied in accordance with Pa.RC.P. 1029(e). 13. Denied in accordance with Pa.RC.P. 1029(e). COUNT I: MARTINKO V. FLYING J., INC. - NEGLIGENCE 14. Defendant incorporates by reference its responses to paragraphs 1-13 above as if set forth at length herein. 15. Denied in accordance with Pa.RC.P. 1029( e). 16. Denied. Defendant Flying J., Inc. specifically denies the allegation that it failed to exercise reasonable and/or ordinary care in changing the oil of Martinko's truck and further denies that allegation that it did not properly seal the oil pan clog as alleged. To the contrary, at all times relevant to the material in the well-pleaded allegations set forth in Plaintiffs Complaint, 2 ',,, -, L_I....~~< ~" ,,', ~ <'.--i " . -, Flying J., Inc. acted with reasonable care under the circumstances. By way offiJlrther answer, the allegations set forth in this paragraph are denied, pursuant to Pa.R.C.P. I 029( e) as conclusions of law to which no further response of pleading is required, and accordingly proof thereof is demanded at trial, if relevant. 17. Denied. The allegations of this paragraph are denied In accordance with Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, ifrelevant. 18, Denied. The allegations of this paragraph are denied In accordance with Pa.R.C-P. 1029(e) and proof thereof is demanded at trial, ifrelevant. 19. Denied. The allegations of this paragraph are denied In accordance with Pa.R.C.P. 1 029( e) and proof thereof is demanded attrial, if relevant. 20. Denied. The allegations of this paragraph are denied In accordance with Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant. 21. Denied. The allegations of this paragraph are denied In accordance with Pa.R.C.P. 1 029( e) and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant Flying J., Inc. demands judgment in its favor and against Plaintiff, together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 22. Plaintiffs claims are barred by the applicable statute of limitations. 23. No act or omission on the part of Flying 1., Inc. was a substantial contributing factor in causing Plaintiffs damages, all such damages being expressly denied. 3 p ~. - l-, ,l '. i; L h~ t:j;&,W', . . . 24. ,. Plaintiffs damages, if any, were caused in whole or III paPt by acts and/or omissions on the part of persons and/or entities other than Flying J., Inc. and for which Flying J., Inc. is not responsible as a matter of law. 25. Plaintiffs Complaint fails to state a cause of action upon which relief may be granted as a matter oflaw. 26. Plaintiffs Complaint fails to properly plead a claim for attorney's fees as a matter of law. 27. Flying J., Inc. reserves its right to raise one or more of those defenses reserved through Pa.RC.P. 91030. 28. Plaintiffs Complaint describes certain maintenance work as having been performed upon Plaintiffs truck by Flying J., Inc. in September of 1997; Plaintiff instituted this cause of action by filing his Complaint on or about February 23, 2001. To the extent that Plaintiff or others acting for or on behalf of Plaintiff have failed or neglected to retain physical evidence relevant to this action and/or to the extent that Plaintiffs use and/or maintenance of the subject truck over the intervening months and years has caused the destruction and/or dimunition of evidence relevant to this action, then Defendant's ability to defend this action has been materially prejudiced and impaired through spoliation of evidence for which Defendant is not and was not responsible, and accordingly a claim is pleaded therefore. 29. Plaintiff's damages, all such damages being expressly denied, were caused in whole or in part by Plaintiff's own negligence in operating, maintaining, and/or inspecting his truck and such negligence may operate to limit and/or bar Plaintiffs claims against Defendant in this action. 4 ~~ .' " 1._, "-,11'-1.' ''--'i1J'i: ,. WHEREFORE, Defendant Flying J., Inc. demands judgment in its Ji'avor and against . Plaintiff together with such other relief as this Court shall deem appropriate. DATE: t1Aj 2 I Zrol 105_ A ILlAB\TJM\LLPG\68965ISXV\20614\50000 Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Timo y. Mahon, Esquire 100 Pine tr et - 4th FL P.O. Box 803 Harrisburg, P A 171 08-0803 !.D. 52918 (717) 232-9323 Attorney for Defendant, Flying J., Inc., tld/b/a Flying J. Travel Plaza 5 _,n_, ,'~ ~ I' j , ,:'.1; ,-" -',;"; , .' ~ . '. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 01-1062 CIVIL FLYING J., INC" tldlb/a FLYING J. IRA VEL PLAZA, Defendant CIVIL ACTION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of May, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: TO: Hubert Gilroy, Esq. Broujos and Gilroy, P.C. 4 N. Hanover St. Carlisle, P A 17013 105_ AILIABITJM\LLPGI68956\SXV\20614\50000 J ~ I ,. - .'~ _ J~ 11",.-, "n , "-, '< , j -I ,~, "':' -.- :>"",.--~ -'- do: ";: Ylj;RIFTr":... TION .r hl!}:shj' af:fim1 that lJolO fullowing facts are couect: . '. I, George Koutts, am a reprcsentltive of the Defendant in the foregoing ;don. and I am authorized Ie execute tbis Cotporate Verifioation on behalf of Flying 1.. lnG., tldlbla Flying J. Tlavel P18Zll. Thl' attach~ Dcfmdant's Answer wilJo New Matter to Plaintiffs COIll.Plaint, is based upon lnfol1l1lltion which has been gllthered by my counsel in the defense: of dlis ~t. The language of the Defendant's Answer with New Matter to Plaintiff's Complaint is thm of < counsel and not of lll8. I hav~ read the Dc:fmdant's Answer with New Mt.~tlllr to PlaJntiff's Complaint, and to the Cldcnt that the Defendant's A.n&wcr whh Now Mareer to Plaillliff's Coh.plaint i5 based upon lntOrmation which I have given to my counsel. it is trUe and correct to the best o~ lilY knowl~ infbro18tion, au4 blOlief. To the c:xtcmt 1hat the COlltent$ of the Dctbndam's Answer with New Matter to Plaintiff's Complldnt are that of 00=1. I have :relied IlpOft counsel in ~ this Verification. I hereby BOknowl~ that the facts set forth in the aforesaid Dd"cndlmt's Answer with New Matter to plaintiff's Complaint are made subject to tho pl1Ila1ttes of 18 Pa.C-S. ~904 relating to unsworn flllsificalion to authorities. "". r~ ;kt ~.u;c_ ..s_^\t.lI\llITJM\t.LPOill$9B3ISXW061oMOOOO ,",', '1 -< , ~d' C",,' ~~, , , , ", "',V~ , " ,C'" ~"';I:'-,>'-<', '-C'e , , , ,--",'-;,' , .--~O;,'"~;7-"'" ,,",' ,-",,-,. ,,-,..,~ , , ., - '. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 01-1062 CIVIL FLYING 1., INC., t/d/b/a FLYING 1. TRAVEL PLAZA, Defendant CIVIL ACTION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~ day of May, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: TO: Hubert Gilroy, Esq. Broujos and Gilroy, P.C. 4 N. Hanover St. Carlisle, P A 17013 \05 _A\LIAB\TJM\LLPG\68956\SXV\20614\50000 > ~~.~ ~ , "L,,~ c.... IJ!!'" K~~"'-'" "'~~iiI j-In ~ ~ .. -= "~,"_,,,~_,> ._~"_1_c ~..P _~,.,,' .~~ -, _.~_,,_,<,I ~""r,"'^",, ,- '",. ,~ "'''''tIiii-' , ,~, ,', ,I" ,-~" ,-~ ,-~" "",w,, '" " 0 C) C) c: , " ::'"E: " ! " 1":_ ~~~J 12; 1..::-:: -< , 1 <"- ..'-' " ;:::-: , :".:J (,rj , ~~ r--~ ._--, -, hl.:J "r! , '.. ~:;. (5 ;-~ ---. Z=51Ti )> -, ::~) -,,", -. ';].> L. " =< -0 r" =< """ ~"' =,l . _I j'__;;,---.;-""_J.'_". .'_u~ ( c \; IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY. PENNSYL V AN1A WILLIAM MARTINKO, Plaintiff v. No. 01-1062 CIVIL FLYING J., INC., t/d/b/a FLYING J. TRAVEL PLAZA, Defendant CIVIL ACTION JURY TRIAL DEMANDED STIPULATION The parties through their respective counsel hereby stipulate that: Defendant's Motion for Judgment on the Pleadings is withdrawn, without prejudice. The parties further stipulate that Plaintiff's Complaint and Defendant's Answer as filed in this action shall apply to and in that action filed at number 1999-04870, as if originally filed there under; the parties further stipulate that this action is consolidated with that action filed at number 1999- 04870. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN GO BROUJOS AND GILROY, P.C. BY: Timothy J. c Date: 100 Pine Street - P.O. Box 803 Harrisburg, P A 17108-0803 LD. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANT, Flying J., Inc., tJd/b/a Flying 1. Travel Plaza BY: t/)If- P Hubert X. Gilroy, Es Date: 4 N. Hanover St. Carlisl~ P A 17013 LD.:/ fl{" (717) 243-4574 ATTORNEY FOR PLAINTIFF, William Martinko 105.A ILIABITJMILLPG\72373ISXVl20614100137 til;l"';'''''''';~fi'''.mR''JljI~~,~.-~.,kj$;~~;l;;;w;,tiM~~!i!I~\~-iiltli.i~'''&~I:;m:-%JIi!!.Wi!i.-''lJ!<iill:i<~.AJjfg:H@i;j,.li1l11i'~JI:i:ml.illt . " ,~ I, ~ ,~ =~. " """"'''''~i'W'<-~~~ -~"~!iM -"!rii!~1I \ ~' -._-~ ct:~ ,- ~~ "":- en t,f,:' ,< f_-::: '. ~. ~ (' c > C :.,,] iI'> ..:::.- :.) --; -< <::> '"" < _J -~-, "',~', ,,-; '1_, -, ,~~, ,-, "--' ".-i""",'_":"""."~",-'" ,- ',-< - - "';"'ki! I ~ 'OUr 1 0' .M 2001lP r , \, WILLIAM MARTINKO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 01-1062 CIVIL ACTION-LAW FL YING J, INC., t/d/b/a FL YING J TRAVEL PLAZA, Defendant COURT ORDER AND NOW, this J!:L day of July, 2001, the attached Stipulation is hereby incorporated as an Order of Court, BY THE COURT, By ~. ItJ / cc: Hubert X. Gilroy, Esquire \ . Timothy 1. McMahon, Esquiry C41'-' (A ~ ..,.11_0/ Q- '" . l " I , .L , ,J.'_.0.. .u.li.llI.. " ~.. *,-r;:-- \05_ A \LIAB\ TJMILLPG\97576\JMF\20614\00137 WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING 1., INC., t/d/b/a FLYING 1. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this I 'I ~ day of June, 2002, upon receipt of the Motion of Defendant, Flying 1., Inc., a Rule to Show Cause is hereby issued by Plaintiff, William A. Martinko, as to why Defendant's Motion to Compel Responses to Defendant's Discovery should not be Granted. This Rule is returnable twenty (20) days after service upon the Plaintiff by regular maiL BY THE COURT: J. /l' ~ L r;cS.t ~3 to', (1\c.rl~O~ ::"';'~~-;'~fIli_i!i~R:j:!g~m\i'llili>1i!si~",,~,,"~'''R-'<;~~,'!<~~.\<iiiil~~'''.\''li-ii1i@);_;bf',.j<__>J-:ltlil!f,-@g1iM;"""'<;W,;,,~','j!<-,*$I,w,~6iliM~~~~!I!i!~i111ijU!ll~~bi't'~ _"......,."-"'"i ! rY}!~~!\lASNN3d ALNI J,.}_, Cri\f1!:J381'1ln8 '" j '') "d '11' h 'II flnr cO Al:fI1J.CJi-JUH J {,,;,l l" '[' ~, "......."J'-I -"l :.JC1iJ10{)31i" . :10 ES K:J> - ".~,,' ^,..J <,~- H,,,"< .., ^~ _ ,~~, " ~_ ," ""-~... .. ~ ';"';J_~_' .l. -,,, _J I ~ L ,- 1 "OII1k~ -''''''"'''" 105 _AILIABITJMILLPG\97577\JMF\20614100137 WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., t/d/b/a FLYING J. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED MOTION OF DEFENDANT, FLYING J.. INC.. TO COMPEL DISCOVERY I. Plaintiff, William Martinko, instituted this action originally by filing a Writ at No. 1999-04870 Civil. A Complaint was subsequently filed at this action number and the matters were consolidated pursuant to a Stipulation of Counsel filed July 9, 2001 which Stipulation was approved by the Court July 10, 2001. 2. In this action, Plaintiff, William Martinko, seeks to recover alleged property damages sustained by his tractor-trailer on September 6, 1997 which Plaintiff alleges was serviced by Defendant, Flying J., Inc., at its Carlisle, Pennsylvania facility on August 20, 1997. 3. Through its Order of March 4, 2002 the Court has granted leave to Plaintiffs prior counsel, Hubert X. Gilroy, Esquire, to withdraw as counsel for Plaintiff in this matter. As of the submission of this Discovery Motion Plaintiff is proceeding pro se. 4. Defendant, Flying J., Inc., had served Interrogatories and a Request for Production of Documents addressed to Plaintiff in this matter. Those items of discovery were served on or about May 23,2001. 5. On March 26, 2002 counsel for Defendant advised Plaintiff that these Interrogatories and Request for Production of Documents were overdue and requested that ,"'i: ~"~ ~ " . LJ ;,1- , ,'~ '" ~~*u"',: Plaintiff supply responses by April 10, 2002 in order to avoid a Discovery Motion. (See, Exhibit "A" attached hereto.) 6. Counsel for Defendant has made no further agreements concemmg an extension of time regarding this outstanding written discovery and Plaintiff has not responded to Defendant's Interrogatories or Request for Production of Documents. WHEREFORE, Defendant, Flying J., Inc., respectfully requests that this Honorable Court enter the Rule to Show Cause directing Plaintiff to show cause within twenty days as to why Defendant's Motion to Compel Discovery Responses should not be Granted. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN TIM T cMAHON, ESQUIRE J.D. No. 9 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3505 DATE: C ~ll,..ot BY: Attorney for Defendant "~- ..J": " 1_, ~ I" '- 0 ~;'. - '"~ -~n!ill";tlllM-J.l o A REGIONA~EFENSE lITIGATI'ON lAw FIRM I MARsHALL, DENNEIIEY, WARNER, CoLEMAN ~ GoGGIN I "\ A PaoFEsSIONAL CORPORATION www.marsbaJIdennehey.com ........~ Bethlehem DOYIestOWD En. Harrisburg Newtown Square Norristown Philadelphia Pittsburgh Scranton WUliamsport 4200 Crums Mill Road, Suite B . Harrisburg, P A 17112 (717) 651-3500. Fax (717) 65i-9630 NBWJEILlIE\' OlerryHilI """"d Direct Dial: 717-651-3505 Email: tmcmahon@mdwcg.com March 26, 2002 DElAWAIlIl Wtlmington WESTVaGlNIA Wdno" OHIO Steubenville h.oouDA Orlando ""'p' William Martinko 404 Clayton Avenue Wilmington, DE 19809 RE: William Martinko v. Flving J.. Inc.. Vd/b/a Flving 1. Travel Plaza Our File No. 20614-00137 CCP (Cumberland County) No. 1999-4870 Dear Mr. Martinko: Having received a Praecipe to Withdraw the Appearance of your former attorney, Hubert X. Gilroy, Esquire, I understand that you are now representing yourself in this litigation. I had previously served on behalf of my client, Flying J, Inc., Interrogatories and a Request for Production of Documents addressed to you, the Plaintiff. For your convenience I enclose copies of these Interrogatories and Request for Production of Documents. Answers to these were due on or about June 23, 2001 and therefore are more than six months overdue. In order to avoid a Motion being filed with the Court to compel discovery responses, I would ask that you kindly answer the Interrogatories and Request for Production of Documents forthwith. Please note that if I do not have your discovery responses by April 10, 2002, I will file a Motion on behalf of Flying J, Inc. to compel responses. Also, please note that once I have the discovery responses, it is my intention to conduct your discovery deposition. Therefore, I would appreciate it if you would please provide some advice concerning when you can most conveniently be available for a deposition in Carlisle, Pennsylvania during the month of May. Thank you for your anticipated cooperation. Verytru)J~~ML TIMokrJ.Q{j~ON TJM/jmp Enclosures 105_ A ILIAB\TJMICORRI92I 05\JMFI20614100 137 -. I.: l_~,_ _ 1........ '-~;rIi.i" . WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certifY that on this \ ~ day of June, 2002, served a copy of the foregoing document via Certified Mail/Return Receipt Requested and First Class United States mail, postage prepaid as follows: William Martinko 404 Clayton Avenue Wilmington, DE 19809 ~~,,\ ~,~'U. Jo . Parr ~~ '>'_~l'>il:liJllt~"'i!_;;~!~h"''''<''!i<t'&iii~!Ii\!olli<~''~~\;iBi!j~.~,;';H",,,,j"~(,,,',!,,o,",;:#~"","'.d.!ill>'i,",~}J,mL~rtft ",,,,,_. _ ~ I=,_,~.~,,~,", .~ "'""",,"""w _>,-_~"'-"'~'7"!I~,,<.'~,,,"~,_, ."', "",,,,,,,,,,,y,-';'"- iAiI@! ''''"~~LnWVll~ JIiI~Ui ",'Ie"., >--",-,' .. ,"'<", .'., 'Mililr'~~"~ , () c:> Q, C I'v s: S::: :~j -0 OJ ,- f:\2 S2~r ~ -----o,m ze (...) :\"':f ~':i?: S?i:,_.) kO ..." ?~ ~o ::;: 7:.70 --0 Om >c ~ ~ ? ~ I::> -< f(f .(1~ . i .I' l ~- "':,~ '_I_~ <0 ~ ".'~ ,,'- ",: ,~,-,:'t'.; WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYING J. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED ORDER " AND NOW, this 30 day of July, 2002, Plaintiff having filed no response to the June 14,2002 Rule to Show Cause, it is hereby ORDERED and DECREED that Plaintiff shall answer CI:f"t:e.r .s e.rv~ Defendant's Interrogatories and Request for Production of Documents within twenty (20) days or ^ risk such further sanctions as this Court may deem appropriate upon subsequent Petition in the event of non-compliance. .~J VIN A. HESS 105_ A ILIABITJMISLPGl1005771RKN\20614100137 ~"""""'''''''''~b'illi~;il~~'''''''''1iiI61!l'.1P.i"~FW;;,I",Iy'",",,*fIlci;illrW:IMli/;IM\l;f;\4ili-.l*$~J~UIl.l''i'.iC!\1'"'illi'l!l~,",_1ciMr"'li!t~"~"'~'-WllllllliiQ*-~~ ~_,"I.IiIlIl' ,~ ~~ ~U~~ '-. I ,~- M - L -: ~ :'Ii" " 'f:J . ~;S ~, , '" ~ ~ f P ft. -pt\ ~ ~ , S'0 J ~_~,~_" '-!) (~ 2= ? ~~ :(U) !"-;:>- ;.:...._M ':~if ~ C5 '. .-:::~ c-:; :::',_1 :) _ ,~_" 'c"""~J.__,-,,,,, ,y, ,",. ",) ,~ __<__ ~ _.', .v_'<'~" ,,~ I,. ," ~-"~",,,,-,.... ,_n,,",,,,'. --< _d_' ,"""u < ~-~~~"I , ."<0..,,, ,,---.---- ___T_, , " " "C ' ~ I;' , -' L- ~,-,-"--";l';_:::->_"" ~ ,_ ~." -,~: WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYING 1. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED PETITION TO MAKE RULE ABSOLUTE 1. Defendant, Flying J, Inc. submitted on or about June 10, 2002 a Motion to Compel Discovery Responses along with a proposed Rule to Show Cause. 2. This Honorable Court issued on June 14,2002 a Rule to Show Cause upon Plaintiff concerning Defendant's Motion to Compel Discovery Responses. 3. In correspondence dated June 18, 2002, the undersigned counsel for Defendant served upon the pro se via certified mail a copy of the Court's Order dated June 14,2002. Attached hereto as Exhibit "A" is a true and correct copy of counsel's correspondence to the pro se Plaintiff dated June 18, 2002. 4. Attached hereto as Exhibit "B" is the certified mail receipt signed by William Martinko on June 21, 2002. 5. The time for compliance with the Court's Order of June 14,2002 expired on July 11,2002. To date, defense counsel has received no response from the pro se Plaintiff to the Court's June 14,2002 Rille to Show Cause nor has the pro se Plaintiff answered Defendant's outstanding discovery, which discovery is the subject of Defend ant's Motion to Compel filed on or about June 10,2002. -,,' ,~ "' .I ~; ,~ i 'Or_ ,j',;, ,,;,.I~, ,,' ,< '; " ,,,,,,-" - ~' - "'-i,jV;' WHEREFORE, Defendant, Flying J, Inc., respectfully requests that this Honorable Court enter an Order directing that Plaintiff answer Defendant's Interrogatories and Request for Production of Documents within twenty (20) days or risk such further sanction as this Court may deem appropriate upon consideration of subsequent Petition in the event of non-compliance. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: rsvLi Z 3, lCJ<.;~ BY: cMAHON, ESQ. S.Ct. rd. o. 918 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3505 Attorney for Defendant 105_ A ILIABITJMlSLPGI100570\RKN\20614\00137 (f', . A REGIONAL DEFENSE LITiGATION LAW FlRM I MARsHALL, I)ENNEHEY, WARNER, COLEMAN t6 GOGGIN A PROFESS[ONAL CORPOIJ:ATION .WWW.OlarShalldennehcy.com PENN$YL~ Bethlehem Ooykscown ,"0 Harrisburg Ne'Ol."townSquarc: Norristowll Phil:ulc:lphi:l Pictsbuq:h Scranton Willfam:;porr NEWJI&R$J:1" CharyHiIl. Rosc:hnd 4200 Crums Mill Road, Suite B . Harrisburg, P A 17112 (717) 651-3500 . Fax (717) 651-9630 Direct Dial: 717-651-3505 Email: tmcmahon@mdwcg.com DlU.A"~ WUmingtoQ WESTVIRl;lNlA Wcirton OlllO Ste\lbcnville FtoRlDA 0<1=<10 TaIUp:1 June 10,2002 Curt Long Prothonotary Court of Common Pleas of Cumberland County, PA One Courthouse Square Carlisle, PA 17013-3387 RE: William Martinko v. Flving LIne.. t/d/b/a Flving J. Travel Plaza Our File No. 20614-00137 CCP (Cwnberland County) No. 01-1062 Civil Dear Mr. Long: Enclosed please find Defendant's Motion to Compel Discovery Responses with proposed Rule to Show Cause for filing in the above-referenced matter. Kindly return a time-stamped copy of these pleadings to the attention of the undersigned in the enclosed self-addressed, stamped envelope, In accordance with the applicable local Rule, I enclose a proposed Rule to Show Cause with regard to the Motion to Compel Discovery Responses, as well as a self-addressed, stamped envelope addressed to Plaintiff, William Martinko,pro se. Should you have any questions regarding the foregoing, or the enclosed, please do not hesitate to contact me. Thank: you for your kind attention to this matter. Very trol y yours, TJM/jrnp Enclosures cc: William Martinko, pro se 105 _A IUABITJM\CORR\97579\JMFI20614\Q0 137 DEFENDANT'S ~ EXHIBIT i ~\-jC} I <00 """ ~ '6'e, -1'~ ':?Qh S6'S-o> 'I ct,.,. 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( G YI.-r;'~ '->0<,;--- ~~rO' '@t,,-~! 0<:1 yO", &;"b~t;> :o'%,? A:.'8. .:V"'.!S>0 I/IV 0S}'Y& "'i '<; .-r;..<Sl 7'~ ~(..; 4& ':tz.-,o 'V/ ~S -/1)0-1" -11% "'--11: "'0~~,(J SI,I,(~ 0.,1.--1 "j: ./0/ Vo 6lb ~ Q- ",(..;6>~-0. 'b 041 ~.i 1&1 0;> O,(J ~~tb . '4, :;tQ, \Sl-/h "'0 D, , 0"':'1 ''''D ''''<9 019 ~~~. 0'"./19" 06.:-s> <lb- "" . O~~/vb--<E~ ./J.'l'le "f;.- .- ~'l/."b- · '~<9~. o Yes v UNITED STATES POSTAL SERVICE I III First.Class Mail Postage & Fees Paid USPS Permit No. G~10 . Sender: Please print your name, address, and ZIP+4 in this box. Marshall, Deldl8hey, warner. COleman & GoggIn 4200 Crume MOl Road SUIte B Harrisburg, PA 17112 ---<" \ 87 i.liH,"\...\I".\\..I.\..I.II.,\,.,I.i"li,II".II..",II,1 . ~ 105_ A ILlABITJMILLPG\97576\JMF\20614100137 WILLIAM MARTINKO, Plaintiff v. FLYING J., INe., t/d!b/a FLYING J. TRAVEL PLAZA, Defendant i,j J ",',J....... _. '. -""","'~,- JUN(;20OZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-1062 CIVIL JURY TRIAL DEMANDED RULE TO SHOW CAUSE , AND NOW, this ~ day of June, 2002, upon receipt of the Motion of Defendant, Flying J., Inc., a Rule to Show Cause is hereby issued by Plaintiff, William A. Martinko, as to why Defendant's Motion to Compel Responses to Defendant's Discovery should not be Granted. This Rule is returnable twenty (20) days after service upon the Plaintiff by regular maiL BY THE COURT: }5/ J. \:eV'l..... f-Ol'.'\l,~-' .". \.I,})\''''' \d.\0'JO<".-~O~~- a':l0I,O\\"e . _, 41J, ,.".- , . -<::7 . ~~ A REGIONAL DEfENSE liTIGATION tAW fiRM I MARsHAlL, DENNEHEY, WARNER, CO~-&.~GGIN [' ~ Er~k' En, Harrisburg Newtown Square NOrriSlOWD Philadelphia Pittsbm-gh S<::r.mton Williamsport A PROFESSIONAL CORPORAT(ON WWW.marsha11dennehey.com 4200 Crums Mill Road, Suite B. Harrisburg, PA (717) 651-3500' Fax (717) 651-9630 17112 N~ JERSEY Ch=yHill """'ond Direct Dial: 717-651-3505 Email: tmcmabon@mdwcg.com DPAWARE W1lmiogton WEST VJ1lGINIA, Wcirton OKtO Stcllbenville ....m~ """'do T=!" June 18, 2002 Via Certified Mail and First Class U.S. Mail William Martinko 404 Clayton Avenue Wilmington, DE 19809 RE: William Martinko v. Flving LIne.. Vd/b/a Flving J. Travel Plaza Our File No. 20614-00137 CCP (Cumberland County) No. 01-1062 Civil Dear Mr. Martinko: Enclosed please find a copy of the Court's Order of June 14,2002 directing that you, as the Plaintiff in the above-referenced action, has twenty (20) days from service of the Rule to show cause why Defendant's Motion to Compel Responses to Defendant's Discovery should not be Granted. TJM/jmp Enclosure 105 _AILIABITJM\CORR\98141 UMF\20614\OOl37 DEFENDANT'S t EXHIBIT i \' 13 I( :t ~ ~ '" ~ g. < E~~ ji~~ici . III C ;; ~ .... "3 h~ it ~ ~ <~~ . g~,g~ ~~:; c ~.g a 3: !H~H '1!H .~ to" 8d~ . . ~~e "" IIlQ :r:ZZJ:l.it~~ zocil O~ o~ ...J Z 0 .... "" <.) .... ...J w ~ Z w ~ w Cl '" ~ t:J "" - z P-< 0 - ~ a 0.) <.) ~ > w ~ "" ]" E-< <( 8 j ....; N ~ ~ 0 - N 0 i:I:: .;; N ~ ~ .... u .... O() '" 0:- ---. - ~ N ~ .... 'D 0.) 0 ~ ~ - - .2 , . Complete ~ems 1, 2, and 3. Also co~plete item 4 jf Restricted Delivery is desired. . Print your name and a<jdress on the reverse I so that we can return the card to you. I . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? If YES, enter delivery address below: ~,,\\w,m ~\~'i~ ~~ \~~~ ~~ lf~~ \,,'t~ 2. Article Number (Copy from service label) _ ~ '\c9\C\ ..::,~\:)~ C:I~'d. ~~C\~ PS Form 3811, July 1999 ::::u-.... I ~ Domestic Return Receipt _.m ____ ,-"",l;:,~\.)-l:)~~~\.o 3. Service Type )s{ Certified Mail b Registered o Insured Mail ~ o Express Mail '€ o Return Receipt for Merchandise ~ o C,O,O, ..; :s 4. RestriCted Delivery? (Extra Fee) DYes \.!)~\ 102595-00-M-0952 ~ .'" ~~ '.;:j "'d ~ ci 'ca~ - 0.) P-<CI 0.) ..cI >, ~..cI gj ~ ::f M o '" >,'" C) t;; 0.) 'I to ..cI ~ ~ 0 bll..cl ~ '" '.0 0 C) ~ 0.) . .~ ~ "'d ""d::S.8 N~8 00.).... o..clO N~ . '- 0.) 70'<:> - ~ 0.) 0.) 0 l::::l.~ l::::l ..:::i::::l '- 0.) '" 0"'0 ..cI .... S '" .goC l--l~ (j) o '" > '" >, 0 . '" C) t:: "'O.~ g ~CI U ~_'" (j)'-''S ..cI >, '" ~~"1;:1 '- ~ ~ o~~ >,.t::; 0.) g.",CI C) '" 0 ..cI~ '" '" "'d ~'" (j) Q 0 '" 1:0-'...... l::::l ~ ~ 0 (]) ~ 0.. '" '" i31l ~ - C) A~~ 1l~S' '" ~ 0 o 0.) u7U ~ 0.) 0 '-'l > ~ o ~ ~ .S ~ 0.) 0 -S::'S ""'~"~-4C ' ,..~.,~~{ o.~ S '" '~ '" ~~ ~ ~ E-<'-'l ,"'--'-'~~= .....~.......". ~l~l ~..... _iIIl~~_'_"","","~~~J'lOllIllMlilil.ili.iJ~~~",,,,,,,,, o '01.(.'lJ fl; / "",fl; X'lJ& r:: ,,-_f!' 'lJ c1' q;Q.c? 1.(.' r!lQ!' 2---> ~C(';::- ,1',J/ d!' c?:! Q!'0'" J? J; t) '0& -!.f 'II) is 0' &0 ,.,i Q I:? ~ r/!J5 ;i' 21) <<i ,,,If 1)1) !;; I)I)IJ/ . , "_' -"' ,--,,'," " _-_" ,[ '''0 '" _ ,'0-,-1,' -~,,'","- ',- 1,"_ - _ '.' " i<f '; jj,", ,;,' i- ~' . ~ ""'" r,J_ WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYING J. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I,~~-,,-lt .:l~ , an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~y of July, 2002, served a copy of the foregoing docwnent via Certified MaiVReturn Receipt Requested!!!!! First Class United States mail, postage prepaid as follows: William Martinko 404 Clayton Avenue Wilmington, DE 19809 ~~ k' ,-c::.~ .... ~~ 105_ AILIAB\TJMlCORR\975781JMF\20614\O0137 .;;t;-'." ~"-'""<~1!l:~W1i:JJ~~iiI,*\fo~~~~w.:ilf';~n~""'~~!ll'-Jf~~~""""'''''''''''1~l~ -~'IIIi. """~'- ~~ ,~<l'i~ ::~_7_1~ "~_""",o_,~~,~,_,, ,_~~~,n.lL""",-""I,_",-,"",..", '0" -."'-~,--~,-, ~,~ lli;j rL "_. "~~"---.,..... ~Ilkiill . ,-~, ~- ' ;;.,~ ~ ,~ () 0 (") c ;'J ~-n ~T~ G~~; -j 1--;', r;; ; I ::!J ".. ;:.:.';-: r- )-. r,.} r-'l cd G", \J -, " I c'' C c) ~ Ti C) " -"I""] :z~ C' - CO, 5':; Co: ~.) Cl m Z :-1 -." .J-> , :0 -', C:l -< III """ " ' i r ;' WILLIAM MARTINKO, Plaintiff v. FLYING J., INe., t/d/b/a FLYINGJ. TRAVEL PLAZA, Defendant , "~~- ,of "-,1..:--,; ',,-_'" ';.-~O'~ ,,-', _' ""';";;:"O"i;" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-1062 CIVIL JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant in the above- captioned matter. DATE: ~~/FtJ3 \05_ A \LIAB\JPMlLLPG\132969\CYW\20614\00 137 BY: Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 10 , ESQUIRE I. . NO. 78119 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorneys for Defendant '~' . '~ . ., "- '~,~' , ' , - '.; ,,-~ , ,,~,~-" I '" 'n' ;" .."~, '>-"_"M__~ -~".;.-;,;' "',"~- i . . WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., t/d/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stefanie Meyers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on the ~day of September 2003, I served a true and correct copy ofthe foregoing document via First Class United States Mail, postage pre-paid as follows: Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh, PA 15221 Attorney for Plaintiff 105_ A ILIAB\JPMILLPGI1329701CYWI20614100137 ~, ii1~~~~~~"~11I~~1' ~ ~,,1ro~A. _,,~D:bU..1] :_ut ,-~.LLJ~ft'~~I-J,JIJ~\;,~", L IJIj,:tl" "",I.l"'_':C',--fC< L i ~'< - -M'J".w''';'',~:.... _"'"t, ,~~ ,_ _ -l.;,,- .1 . t.I'<f ~u _, o ~ q~fr ~" Zl (f, ;:.::~ ~ : ~.., "::-- / f~.: ;I> .", ::~ . . ~ ~/) ," "(J \"C: : :J , ('~J 'i-j _or) :r:!., .->~ &- "'I ,---, '~"'"', - "'.'t~ . WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tld/b/a FLYINGJ. TRAVEL PLAZA, Defendant mRY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this 2':1' day of ~""/Ll , 2004, upon consideration of Defendant's Motion to Compel, a Rule to Show Cause is hereby issued upon Plaintiff, William A. Martinko, as to why Defendant's Motion to Compel Responses to Defendant's discovery should not be granted. This Rule is returnable twenty (20) days after service upon the Plaintiff by regular maiL BY THE COURT: 1. 105_ A ILlABIJPMISLPG\ 143893\KAB\20614\00 13 7 ,,~.-- .~"~';~;Ufl.&'li~~~'I!!ii!ijj~~aN,~~f~m";;'",I~~2i.lJ:f,.:'-"" ...,- '" ""I'-n "Il'..) LZ 8]::1 7DQZ /i::iV10NOH10!:1d :Jul' ::10 :1I"Hj ,..... -. ....(f. ,..hJ!.J':1l...t'''G:111.d /0 '/ II' (.,. .:~d 'c."~ ';;,..,_\ q,!\;J,:,:,,~::, J.~J- > -- ~.K"b,L,_Jl~J_;:,:,,;J;::;J1~: S~,,- ,~,~,_,9,:;y_~.,~,-,~,,)t]~,"t:iJI~,)L'_,7t > ~_'''' _ J! . -1iiI"".....'-..'. -i "",1, "~,,'~-^ ;"-," "'. 1'.' r~"_ ~, ~V , \ I' I i , - ,"'" =, , ~ ' ,~.., , ,,~ '.. ~=-.-- .1-,--- -,";,1 ~', - I ,~-,~" " 'Or' J" ~~ -:",,-' l' ,';,,' ~~ WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CNIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2004, upon consideration of the Motion to Compel filed by Defendant Flying J, Inc., it is hereby ORDERED that said Motion is GRANTED. Plaintiff shall serve full, complete, and verified answers to Defendant's Interrogatories - Set II and Requests for Production of Documents - Sets I and II within thirty (30) days from the date that this Order is served upon the Plaintiff by regular mail, or thereafter suffer possible sanctions upon further application of Defendant BY THE COURT: J. 105_ A ILlABVPMISLPGl1438941KAB\20614100l37 ~ . .' ,-, I.. ,,,,-', -, ,'-,j-' ,," .i~,..:.- " ~ .. t \05_ A ILIAB\JPMlSLPG\143870IKAB\20614\OO137 WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV AN1A v. No. 01-1062 CIVIL FLYING J., INe., t/dIb/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO ANSWER WRITTEN DISCOVERY 1. This civil action arises out of an incident that occurred on August 20, 1997, at which time Plaintiff alleges that Defendant was negligent in performing maintenance on his vehicle, which resulted in damage to the vehicle. (See Plaintiff's Complaint). 2. Specifically, Plaintiff alleges that Defendant improperly torqued the oil drain plug on his truck, causing the oil to leak and the engine to seize, (Plaintiff's Complaint at paragraphs 5-7). 3. On or about May 23, 2001, Defendant served Plaintiffwith Interrogatories and Request for Production of Documents - Set L (A true and correct copy of the aforementioned discovery is attached hereto as Exhibit n An). 4. Defendant did not receive answers to the aforementioned written discovery, and on June 10,2002, Defendant filed a Motion to Compel PJaintiffto answer Defendant's Interrogatories and Request for Production of Documents - Set L 5. On June 14,2002, the Honorable Kevin A Hess entered a rule upon Plaintiff to show cause why the relief requested by the Defendant should not be granted. , . , ' <,'I' ",__ -,1< ..,.;, -I~ '-- , ;<'-~' ',-,"; --"'--i '" ~t<i" ~ 6. Plaintiff did not respond to the Court's rule, and on July 23, 2002, Defendant filed a Petition to Make Rule Absolute. 7. On July 30, 2002, the Honorable Kevin A. Hess entered an Order directing Plaintiff to file answers to Defendant's Interrogatories and Request for Production of Documents within 20 days after service of the Order or risk further sanctions as the Court might deem appropriate. 8. On or about August 17, 2002, Plaintiff served answers to Defendant's Interrogatories; however, Plaintiff never answered the Request for Production of Documents. 9. On or about September 24, 2003, Defendant served Plaintiff with Interrogatories - Set II and Request for Production of Documents - Set II. (A true and correct copy of the discovery, along with the cover letter, is attached hereto as Exhibit "Bn). 1 O. In addition to answers to the written discovery, counsel for the Defendant requested that Plaintiff execute authorizations allowing Defendant to obtain records from service/repair facilities which are out-of-state and beyond the subpoena power of the Pennsylvania court system. (See Exhibit "Bn). II. It has now been almost three years since Defendant served Plaintiff with Request for Production of Documents - Set I and several months since Defendant served Interrogatories- Set II and Request for Production of Documents - Set II, and Plaintiff has failed to respond to this discovery. 12. On November 13,2003 and January 12, 2004, counsel for the Defendant sent letters to Plaintiffs counsel requesting answers to the aforementioned discovery and an executed authorization to obtain records from the out-of-state repair/service facilities. (A true and correct copy ofthe aforementioned letters are attached hereto as Exhibit "e"). , , ~ - j -~ >' 1- ~', ,,, ,-lL"'~~-;~'," _' c" '" 'i>i'" , 13. Pursuant to Pennsylvania Rules of Civil Procedure 4006 and 4009.12 a party served with written discovery is required to provide full, complete and verified responses within thirty days from service thereof. 14. Despite several requests, Plaintiff has failed to provide full and complete responses to Defendant's Interrogatories - Set I and Request for Production of Documents - Sets I and II. 15. Moving Defendant has been prejudiced by Plaintiff's failure to comply with the Pennsylvania Rules of Civil Procedure in that Defendant has been lUlable to adequately prepare a defense to this lawsuit since suit was instituted. WHEREFORE, Moving Defendant respectfully requests that this Honorable Court enter an Order compelling Plaintiff to file full, complete and verified answers to Defendant's written discovery within thirty days from the date that the Order is entered, or thereafter suffer possible sanctions upon further application of Defendant. Respectfully submitted, DATE:J \;jj\ \)~ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN I' , {' (;, '~ ,), .' '" /1", JqsEPFlF. ~~ ES IRE I.D. No. 78119 'j' 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3509 BY: Attorney for Defendant " ',L.'.," c,_, )rl- ,-, lIlIiefi~: 1, / ~ IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY. PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 1999-4870 FLYING J., INe., tJdIb/a FLYING J. TRAVEL PLAZA, Defendant CML ACTION INTERROGATORIES OF DEFENDANTS ADDRESSED TO PLAINTIFF Introduction Definitions. -- The following definitions are applicable to these standard interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity" means when used in reference to -- (1) A natural person, his or her: (a) Full name; and (b) Present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: (a) Its description (e.g., letter, memorandum, report, etc.), title, and date; (b) Its subject matter; (c) Its author's identity; " --,,-,- ., ,,-- " L,~~, '_, ,,~ > '1'" , (d) Its addressee's identity; ( e) Its present location; and (f) Its custodian's identity; (3) An oral communication: (a) Its date; (b) The place where it occurred; (c) Its substance; (d) The identity of the person who made the communication; ( e) The identity of each person to whom such communication was made; and (f) The identity of each person who was present when such communication was made; (4) A corporate entity: ( a) Its full corporate name; (b) Its date and place of incorporation, if known; and (c) Its present address and telephone number; (5) Any other context: A description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people. entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or governmental agency. -2- 1_; C-" , ~" " , ~- ,k "~~ -o~i,'. ;c~, '<-- " '~':' , Standard Instructions. -- The following instructions are applicable to these standard interrogatories: (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents, and attorney. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity from discovery, you must identifY the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifYing documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. 1. General. 101. Personal information. -- State: (a) Your full name; (b) Each other name, if any, which you have used or by which you have been known; (c) The name of your spouse at the time of the accident and the date and place of your maniage to such spouse; (d) The address of your present residence and the address of each other residence which you have had during the past five years; (e) Your present occupation and the name and address of your employer; (f) Date of your birth; -3- ~"" '-0 __ ,. 1- -~' (; , , - " --,-J (d) The subject that each item represents or portrays. 111. Trial preparation material. -- If you, or someone not an expert subject to Pa.R.C.P. No. 4003.5, conducted any investigations of the incident, identify: (a) Each person, and the employer of each person, who conducted any investigation(s); and (b) All notes, reports or other documents prepared during or as a result of the investigation(s) and the persons who have custody thereof. 112. Trial witnesses. -- Identify each person you intend to call as a non-expert witness at the trial of this case, and for each person identified state your relationship with the witness and the substance ofthe facts to which the witness is expected to testify. 113. Expert witnesses. -- Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: (a) The subject matter about which the expert is expected to testify; and (b) The substance ofthe facts and opinions to which the expert is expected to testify and a summary ofthe grounds for each opinion. (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by our expert.) 114. Trial exhibits. -- Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions ofthe trial. 115. Books, magazines, etc. -- If you intend to use any book, magazine, or other such writing at trial state: (a) The name ofthe writing; (b) The author of the writing; (c) The publisher of the writing; (d) The date of publication ofthe writing; and (e) The identity of the custodian ofthe writing. -6- L" ,'. _I' "I.I .,'11 . . 116. Admissions. -- If you intend to use any admission(s) of a party at trial, identifY such admission(s). -7- .-' "'c '" " C'~;.) .. ,', ,I' =l" '," _, ~_"I ,-.. ,'"> -j-,-,- .......,-~,"' 201. Losses and damages alleged. -- IdentifY all losses or damages that you allege you suffered as a result of the incident. 204. Earnings before the incident. -- For the period ofthree years immediately preceding the date ofthe incident, state: (a) The name and address of each of your employers or, if you were self-employed during any portion of that period, each of your business addresses and the name of the business while self- employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self- employment; and (d) The wage, salary, or rate of earnings received by your in each employment or self-employment, and the amount of income from employment and self-employment for each year. 205. Earnings after the incident. -- If you have engaged in one or more gainful occupations subsequent to the date ofthe incident, state: (a) The name and address of each of your employers or, if you were self-employed at anytime subsequent to the incident, each of your business addresses and the name ofthe business while self- employed; (b) The dates of commencement and termination of each of your periods of employment or self-employment; (c) The nature of your occupation in each employment or self- employment; (d) The wage, salary, or rate of earnings received by you in each employment or self-employment, and the amount of income from employment and self-employment for each year; and (e) The date( s) of any absence( s) from your occupation resulting from any injury or disease suffered in this incident and the amount of -8- , ~ ,- ," , ,,, ,.' ;'0' '., I~",-, ~ " ,-'-",,-, <'i~ any earnings or other benefits lost by you because of such absence( s). 301. Motor vehicle information. -- With respect to all motor vehicles involved in the incident, state: (a) The identities ofthe owner(s) and operatorCs) of each vehicle; (b) The identity of the passenger( s) in each vehicle, if any; and ( c) The make, model, and year of each vehicle; 302. Motor vehicle damage. -- With respect to any vehicle you owned that was involved in the incident, state: (a) The nature of any damage existing prior to the incident; (b) The identity of any person who performed repairs to the vehicle following the incident; ( c) The total amount of the repair bill( s), or if not yet repaired, the total estimated cost ofrepairing the vehicle ofthe estimated value ofthe damages to the vehicle (include the identity of the person furnishing such estimate); (d) The date and place of the last state inspection prior to the incident and identify the person making said inspection; and ( e) The nature of any defect in or problem with the vehicle and the length oftime such defect or problem existed. 303. Motor vehicle operation. -- With respect to the vehicle you operated or in which you were a passenger, state: (a) The destination and the point and time of departure of the vehicle; (b) The purpose of the trip or journey in the vehicle; (c) The time and place of all stops and departures between the commencement of the trip or journey and the time ofthe iucident; (d) Whether the operator of the vehicle was familiar with the surrounding area of the incident; and -9- ( e) The weather conditions at the time of the incident, including visibility and roadway conditions. -10- ..-, " DATE: ,5 j;). '3 j c \ \05 _A \LlAB\TJM\LLPG\72388\SXV\206 J 4\00137 [-..: <" ~ I ,;, ,n';" ',' -- :.>1 ' ,"';'-- MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ",,_', 4_, ~,' ">-: By:'\:r:A ~~~.- (\u_ lWc<"'~" l..c~ TIMOTHY J. ON, ESQ. 100 Pine Street - 4th Fl. P,O. Box 803 Harrisburg, P A 17108-0803 I.D. (717) 232-9323 ATTORNEY FOR DEFENDANT, Flying J., Inc. -11- IN THE COURT Of. COMMON PLEASE OF CUMBERLAND COUNTY_ PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 1999-4870 FL YINO J., INC., t/d/b/a FL YINO J. TRAVEL PLAZA, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby Ad, certifY that on this...23... day of May, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows; TO; Hubert Gilroy, Esq. Broujos and Gilroy, P,C. 4 N. Hanover S1. Carlisle, PA 17013 ~J Shonu V. McEchron \05_ A \LJAB\TJM\LLPG\68956\SXV\20614\00137 ,~= ~ '1"-,,,,",,; -i/<,' '. - ,,;;. <C~,-",~ ~- '""''''-_'d IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY. PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 1999-4870 FLYING J., INC., t1d/b/a FLYINGJ. TRAVEL PLAZA, Defendant CIVIL ACTION REOUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF PLEASE TAKE NOTICE that you are hereby requested to produce for inspection and other purposes, including copying, pursuant to the Pennsylvania Rules of Civil Procedure, at the office of the counsel for the requesting party, or at such other location as may be mutually agreeable between counsel for you and counsel for the requesting party, not less than thirty (30) days after service of these requests, documents herein cited. The word "document" or "documents" as herein used includes but is not limited to photographs, video tapes, drawings, reports, statements and memoranda, as well as all other documents as defined in the Rules. I, All documents in your possession, control or custody constituting, relating to, or pertaining to the documents identified in response to Defendant's Interrogatories. 2. All bills, reports, records, invoices and letters, relating to the loss or damages allegedly sustained in the occurrence described in the Complaint, as well as all bills, invoices, and/or reports relating to prior or subsequent repairs to the same parts of the vehicle claimed by Plaintiffto have been damaged in the occurrence described in the Complaint. 3. All employee reports, records, tax returns, attendance records, and wage ;"''''',,",,'-" <- ",- ) -, .. '~- _ -k" _ --, .'-, I""""",,, - .~ - '--,. ,~~- ""'Z! statements relating to the claim ofloss of income as a: result of the occurrence in Plaintiff's Complaint. 4. Copies of all statements, memoranda, summaries of other writings, documents, diagrams and pictures obtained from your investigation, your insurance company's investigation, or your attorney's investigation into the incident involved. (You need not supply any attorney's "work product" or other material which is specifically accepted as privileged by the above Rules). 5. All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attomey's conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions or opinions respecting the value or merit of the claim or defense. 6. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements memoranda, or recordings made by parties to this lawsuit or their representative. 7. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements signed or otherwise adopted or approved by the person making it or stenographic, mechanical, electrical, or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pennsylvania Rules of Civil Procedure No. -2- dJ --I ',' .-0'f, ~ l,-" '. -~ ,','..,.;,j;," . , 4003.4. 8. To the extent that you have not already provided the same, copies of all records, documents and memoranda, which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 9. To the extent not already provided, all reports ofthose experts who are to be called by you as witnesses at trial, which reports made or secured by you in connection with your investigation of the matters relating to this lawsuit 10. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this lawsuit 11. To the extent not already provided, all photographs, diagrams, maps, surveys, plans and models of the vehicle in question that are in your possession. 12. To the extent not already provided, all documents containing the names and addresses of witnesses or potential witnesses with the exception of material described above, specifically correspondence privileged by the above rules. 13. To the extent not already provided, all property damage estimates relating to the claims in the Complaint 14. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. 15. To the extent not already provided, copies of all driver's daily log records from September 6,1996 to September 6,1997, inclusive. -3- DATE: 5/23fDr 105 _A ILIABITlMILLPGI72388\SXV\20614100137 " J'_ ~ I ".',"", ,-" ~ ':q;, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY~, '0~' '1iii. r\< <c \\A ~C--E'5y~e, TIMOTHY', cMAHON, ESQ. , 100 Pine Street - 4th F1. P.O. Box 803 Harrisburg, P A 17108-0803 I.D. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANT, Flying J., Inc. -4- IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY. PENNSYLVANIA WILLIAM MARTINKO, Plaintiff v. No. 1999-4870 FLYING J., INC., tld/b/a FLYING J. TRAVEL PLAZA, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby Ad. certify that on this.:23- day of May, 2001, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: TO: Hubert Gilroy, Esq. Broujos and Gilroy, P,C. 4 N. Hanover St. Carlisle, P A 17013 ~~~~ Shonu V. McEchron \05_ A ILIAB\TJM\LLPGl68956\SXV\20614\00 137 .~. ',,".~l ~~ ~ - f, - , ,_I ,- "-......:..-, 1" ' ~I ~.. ~,~ '~''"-j, A REGION" DEFENSE LITIGATION LAW FIRM I MARSHALL, 1>ENNmEY, WARNER, CoLEMAN & GoGGIN I A PROFESSIONAL CORPORATION www.marshaJ]dennehey.com PumsnVANIA """""'" DoyImown "', H_ N""""" ...... N_ mwldp,", ~ """,on - 4200 Croms Mill Roa4, Suite B . Harrisburg, P A 17112 (717) 651-3500 . Fax (717) 651-9630 NEW JEJI$Q" Ch<ny Hill .""""" Direct Dial: 717-651-3509 Email: jmurphy@mdwcg.com DnAWARE _on OHIO Akron September 24, 2003 ......... Ft. Laudttdak OOond. -ps Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh, PA 15221 RE: William Martinko v. Flviul! J.. Inc., t/dIb/a Flvinl! J. Travel Plaza Our FileNo. 20614-00137 CCP (Cumberland County) No. 01-1062 Civil Dear Mr. Crawford: I am writing to advise you that Justin Murphy has left this firm and this file has been reassigned to me to defend Flying J. I look forward to working with you in this case. I reviewed the file contents in some detail, and it is apparent to me that there is additional discovery that we will need before we are prepared to proceed to trial. I am enclosing a Second Set of Interrogatories and Request for Production of Documents to be answered by your client. Please provide answers to this discovery within the time limits set forth in the Rules. In addition, although I see that you provided answers to our Interrogatories, I do not see that we were provided with formal answers to the First Set of Requests for Production of Documents. Please provide formal answers to that request at your earliest convenience. , You will note that the requests ask for all reports of experts who your client will be calling as witnesses at the trial of this matter. Obviously, expert opinions are crucial in this case and we do not have any such opinion, other than your client's hearsay testimony. I must insist that you provide me with any and all expert reports so that we may properly evaluate your client's claim. You will note that in the Request for Production of Documents, Set II, I am requesting copies of any and all leases that your client entered into for tractors. Please note that the two leases referenced in the requests appear to me to be incomplete. Please provide complete copies of any and all leases responsive to that request. As you can also see by the written discovery, I would like the complete names and addresses of any and all service/repair facilities who have worked on your client's vehicle. Obviously, some of those individuals/facilities are out-of-state and beyond the subpoena power of our Court system. Accordingly, I respectfully ask that your client execute authorizations allowing us to obtain these documents directly from the service/repair facilities. I am enclosing with this letter a blank authorization, which you can copy for each and J_ '. '~ -" I;~;";" ' .'. ~, "" , . "' -, Thomas A. Crawford, Jr., Esquire Septeinber 16, 2003 Page 2 every out-of-state facility and have your client execute. Please provide the vehicle identification and plate numbers for the vehicle on the authorization. I will try to complete all necessary discovery as soon as possible; however, I will obviously need your assistance in order to complete discovery. I thank you in advance for your assistance in this case. Very truJ",', y yoursn ~l" II J {, ! A , D1kU:~~lY JFM/sm Enc. cc; Robert Payne, Esquire "" ".~ I hereby authorize . ,- I, h' ~ ' , .'-1-. --' ~i~ ' AUTHORIZATION - ~,,: -1 - or any other person or entity or authorized agent thereof to supply to the firm of MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN copies of any and all records concerning service, maintenance, and/or repairs of any kind performed at anytime for the 1988 Ford LTL 9000 owned by William Martinko. VIN: Plate: Date William Martinko - - , >' ""~ '., " "."--1 ,- ,-,- ,,_~"'_o_,-""__ ,"', -"">~::. -~ -! WILLIAM MARTINKO, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS, SET II DIRECTED TO PLAINTIFF Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendant Flying J, Inc. requests that Plaintiffs produce the documents hereinafter described and permit Defendants, through their attorney, to inspect them and copy such of them as they may desire. Defendants request that the documents be made available for this inspection at the offices of Defendants' attorney located at 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania, within thirty (30) days of the date of service hereof. Defendants' attorney will be responsible for these documents so long as they are in their possession. Copying will be done at Defendants' expense and the documents will be properly returned after copying has been completed. I. INSTRUCTIONS 1. In producing the documents described below, the responding party is required to furnish all documents known or available to himlher/them/it or in its custody or control regardless of whether the documents are possessed (i) directly by responding party, (ii) by hislher/their/its agents, employees or representatives, or (iii) by hislher/theirlits attorneys. 2. The documents produced for inspection shall be produced as they are kept in the usual course of business or shall be organized and labeled to correspond to the particular request, as set forth below, to which they are responsive. Pursuant to Rule 4009(b )(2), responding party shall file a written statement responding to each numbered request by identifying the document(s) produced in response to that request. If any request is objected to in whole or in part, the reason( s) for the . objection must be stated. 3. If any request cannot be complied with in full, it should be complied with to the greatest extent possible, and an explanation provided as to why full compliance is not possible. 4. Whenever a request is stated in the conjunctive, it shall also be taken in the disjunctive, and vice versa. Whenever a request is stated in the singular, it shall also be taken in the plural, and vice versa. ~ ~ , . . ",' - ~, I '" - ~ d' > 5. This request is a continuing one. If, after producing documents, responding party obtains or becomes aware of any further documents responsive to any request, responding party is required to produce such additional documents. 6. If any claim of privilege or immunity from discovery is asserted as to any document (or any portion thereof), responding party shall furnish, in lieu of withheld documents, a schedule that specifically states the following information for each document (or portion) withheld: (a) the type of document (e.g., letter, memorandum, phone message slip, handwritten note, etc.); (b) the date of the document; ( c) the author of the document; (d) the name of all persons to whom the document or its contents have been disclosed or who are indicated on the document as having received copies of it; (e) the subject matter of the document and the circumstances of its creation in sufficient detail to ascertain the applicability of the claimed privilege or immunity from discovery; and (f) a statement of the specific privilege or immunity claimed and of the basis upon which the privilege or immunity is claimed. II. DEFINITIONS 1. The word "document" or "documents" as used herein shall be understood to mean all written, graphic or otherwise recorded matter, however produced or reproduced in the actual or constructive possession, custody, care or control of you, your officers, agents, employees and attorneys, or any ofthem including, but not limited to, originals and all copies of all correspondence, tapes, discs, photographs, contracts, drawings, reports, statements, telegrams, notes, sound recordings, minutes of meetings, memoranda, reports, and the like, whether made or received by you, as well as all other documents as defined in Pa. RC.P. Rule 4009. 2. "Responding Party" shall refer to William Martinko, as well as his agents, representatives, attorneys, accountants, consultants, independent contractors, and any other individual or entity associated or affiliated with you or acting on your behalf with respective matter in question. 3. The word "accident" or "incident" shall refer to the circumstances in which this action is based. ~- . '-~{ I I i \ \ I I I I I \ I I I I -~ -,,",- -''''''-'',,~-~~ ;!.. "-". .C'. "I~ - III. REOUESTS FOR PRODUCTION OF DOCUMENTS I. Please provide copies of all log book entries for your Ford LTL 9000, which is the subject of the above-captioned action, from August 20, 1997 through and including September 6, 1997. 2. Please provide copies of all delivery receipts from August 20,1997 through and including September 6, 1997. 3. Please provide complete copies of any and all lease and/or purchase agreements for tractors that you entered into with anyone from January I, 1997 through the present time. 4. Please provide a complete copy ofthe title to the Ford LTL 9000 covering ownership ofthe vehicle from August 20, 1997 through and including September 6,1997. 5. Please provide copies of any and all service, repair, and or maintenance records for the Ford LTL 9000, which is the subject of the above-captioned action from the time that you first obtained the vehicle in or around 1989 or 1990 through the present time. 6. Please provide copies of any and all appraisals of the value ofthe Ford LTL 9000 from 1995 through the present time. MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN " I, I \ 'I /11 l '- By'. "1" / /, " ! I , J~ph F. Murphy, squ ill No. 78119 . 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant, Flying J, Inc. Date: q'i~i'D' . . -'-~, ~-~ M", "':: I I i I I I i I I I I I I "._~ ~A=~ , .' __.L ",1 .-*,,- 'i ~, . WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYING J. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stefanie Meyers, an em~yee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on the ~ day of September 2003, I served a true and correct copy ofthe foregoing document via First Class United States Mail, postage pre-paid as follows: Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh,PA 15221 Attorney for Plaintiff 105_ A IUABIJPMILLPGlI32970ICYW\20614100137 " ~, , ,,,,-,~ ,..I ' -j,~ "-'''I' ~" ->.-, -~ ,-, , ;.e'X ':1 ! .~ ' .-f. WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFF - SET NO. II Pursuant to Rule No. 4005 of the Pennsylvania Rules of Civil Procedure, Defendant, Flying J, Inc. tJd/b/a Flying J Travel Plaza, in this action, serves the within Interrogatories on Plaintiff, William Martinko, and makes a demand on Plaintiffto answer same under oath within thirty (30) days of the date of service hereof. A. INSTRUCTIONS I. These Interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you obtain further or additional information up to the time of trial ofthis case. 2. The answers to these Interrogatories shall reflect the cumulative knowledge of all representatives, agents and employees of the party to whom they are addressed. 3. Where exact information cannot be furnished, estimated information is to be supplied. Where an estimate is to be used, it should be identified as such and accompanied by an explanation as to the basis on which the estimate is made and the reason the exact information cannot be furnished. 4. Where knowledge, information or documents in the possession of a party are requested, such request includes knowledge, information or documents in the possession of the party's agent, representative or attorneys. 5. If any document was, but no longer is, in your possession or subject to your control, state what disposition has been made of it. ".-- ~ " I .., ~ I ' ~ . ~ '-I"'. ,'- .".,-, '-',!; B. DEFINITIONS I. "Dqcument" or "documents" includes, without limitation, writings and printed matter of everx ~ind and description, photographs and drawings, notes and records of oral. communication, , m\1d recordings (tapes, discs or other) of oral communication. In all cases where originals are not available, "documents" also means copies of original documents and copies of non-identical copies. 2. "Identify" as applied to a person means to state the following: (a) full name; (b) title, if any; (c) ',present home address; (d) present business address; and (e) person, if any, for whom the persort identified was acting at the time to which the Interrogatory relates. 3. "Identify" as applied to any writing means to state the following: (a) its date; (b) identity of its author(s); (c) identity of its sender(s); (d) identity of person(s), to whom it is addressed; ( e) identity ofrecipient; (f) format; (g) title; (h) number of pages; (i) complete summary of contents; and G) identity of person(s) known or believed to have possession, custody or access to writing. 4. "Identify" as applied to an oral statement, cO)lversation or conference means to: (a) identify the person making each statement, the person to whom each statement was made, and all other persons present at the time of each statement; (b) state the date of such statement, conversation or conference; (c) state the place where such statement, conversation or conference was held; (d) ifbytelephone, identify the person receiving the telephone call, the person making the call, and the places where the persons participating in the call were located; and (e) state in detail the substance of each statement, conversation or conference. 5. "Person" means any individual, firm, association, partnership, corporation, or trustee and also, where relevant, the person representing or acting for such "person." 6. "Explain" or "state" means to set forth every fact relevant to the answer to the Interrogatory and to set forth each such fact fully and unambiguously. 7. "Health care provider" means any physician, dentist, nurse, physical therapist, chiropractor, psychiatrist, or other person licensed to provide health care services. 8. "Health care facility" means any institution which provides health care services. NOTE: A response of "will be supplied" or "will supplement" or "discovery is continuing" is not responsive. You have a duty to provide information of which you are aware. " ~ . , d .~ " h~~ .:..;. ., "~l"',- ,. C. INTERROGATORIES I. Please provide the names and addresses of any and all individuals and/or repair facilities that repaired, serviced, or otherwise maintained your Ford LTL 9000, which is the subject of the above-captioned lawsuit from the time that you first obtained the vehicle through September 6, 1997, including, but not limited to, Motor Parts Pittsburgh, New Stanton; Giles & Ransome, Bensalem, Pennsylvania; Mike's Diesel, Elkton, Maryland and MAS Maintenance, Delaware. 2. Please provide the complete address for Will's Trucking, Inc. 3.. Please state whether you will agree to provide authorizations to obtain any and all records relative to the service, repairs, and/or maintenance performed by the individuaIlentities identified in your Answer to Interrogatory #1, and any and all employment records, including, but not limited to, your log book and delivery receipts from August 20, 1997 through and including September 6,1997, maintained by Will's Trucking. If you will not agree to provide said authorizations, please fully explain why you will not agree to do so. '" ,1--, I" ' " ,I 4. Do you have the originals or copies of your log book covering the dates August 20,1997 through September 6, 1997, and do you have any delivery receipts covering that period of time? a. If your answer to the foregoing Interrogatory is anything other than an unequivocal "yes," please explain fully why you do not have these documents, and if you, in fact, possessed these documents at sometime, please fully explain what you did with these documents, specifying the date that you relinquished the documents, the reasons why you relinquished the documents and whether you made any attempt to retrieve the documents, including the date and manner in which you attempted to retrieve the documents. 5. Were you the title owner of the Ford LTL 9000 that is the subject ofthe above- captioned action? ;- ~Olli9Ji~Jti " ,_v ~,' ~ ,. I," ., ,~'- - " "'~ ' ' , '~";'F.c:~;'! 6. Please state the actual mileage on the vehicle which is the subject of this action at the time of the loss. 7. Have you entered into any other equipment lease agreements, other than the September 20, 1997 and June I, 1998 leases with Will's Trucking, Inc., and if so, please state the date of each such lease? ..' ,-" ,~'" 'I ~. ",.'...:r_ ~",",-.k'M 8. Has anyone provided you with an appraisal ofthe value of your Ford LTL 9000, which is the subject of the above-captioned lawsuit, whether written or oral, from January I, 1997 through the present time, and if so, please state the identity of the individual and/or entity who provided you with such an appraisal, the date that the appraisal was made, and the amount ofthe appraisal? 9. Do you know that the copper washer for the oil plug at issue in this case was not replaced by Defendant Flying J, and if so, please state how you came about that knowledge? " , . ,~ -~ - I " ',- ' ilBI1M~'; 10. Please state the name and business address for the police officer who assisted you on the date of the incident giving rise to this action, and to whom you referred at your May 12, 2003 deposition, and identifY the police force that responded to assist you. 11. Were you ever contacted in any manner and in any way by any authority, including the police department who assisted you on September 6, 1997, concerning the discharge of oil from your Ford LTL 9000, which is the subject ofthe above-captioned lawsuit? .-_1,. '..'1 "..~ - '-"';~,::, -"< i;"","j,:; 12. Have you ever been convicted or plead guilty to any crime within the past fifteen years? If so, please state for each conviction or plea, the offense charged, the court caption and docket, and the disposition and sentence. 13. Please identify with detail any and all inspections that you made of your Ford L TL 9000 from August 20, 1997 through September 6, 1997, including the "things you check[ ed] on your truck everyday" between that period of time, including what you would physically do in identifying each and every part of the truck that you would inspect. , ~ ._l" " .,1 ,"~ -, ~__i!lw." . 14. Did you have any other conversation with any employee of Flying J on August 20, 1997, other than any conversations to which you may have testified at your May 12, 2003 deposition, and if so, please state the identity of the individual with whom you had a conversation and the substance of the conversation? MARSHALL, DENNEHEY, WARNER COLEMAN & GOGGIN By: f ! i (/ .~ Jj~ Jos,cpM. MurPJf, ., Efiuire WNo. 78119 \.... L/ 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3509 Attorney for Defendant, Flying J, Inc. Date: " ~ ..,-.. , '- ".-~I....... '." W4j_' WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stefanie Meyers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on the day of September 2003, I served a true and correct copy of the foregoing document via First Class United States Mail, postage pre-paid as follows: Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh,PA 15221 Attorney for Plaintiff Stefanie Meyers 105_ A ILIAB\lPMILLPG11329701CYW\20614100J 37 ,~ . '''1., ,.~ '.-"~~'i_ " < . , WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYING J. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Stefanie Meyers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do 'J tiP> hereby certify that on the C2'JL... day of September 2003, I served a true and correct copy of the foregoing document via First Class United States Mail, postage pre-paid as follows: Thomas A. Crawford, Jf., Esquire 1306 Penn Avenue . Pittsburgh, PA 15221 Attorney for Plaintiff 105 _A ILlAE1\JPM\LLPGI 1 329701CYW\20614100 1 3 7 .'''''''' .< ). l,.,- . . I~" '-~"l"1i""t,,;i\M .' , A REGiONAL JJEFEN5E llT!G,".T~ON L,";'A T?fZ!"l I MARsHAll., DENNEHEYt WARNER, CoLEMAN & GoGGIN I ,A P,1l0FESSIONAI. CORl'OIlATION www.........baJIdennehey.com ............... .......... - Erie - Newtown Sq~ N"""""'" -- .......... """"'" w.......... 4200 Crums Mill Road, Suite B . Harrisburg, P A 17112 (717) 651-3500' Fax (717) 651-9630 NE1I'Jnsh' Ch<ny mn Roodmd Direet Dial: 717-651-3509 Ernail: jrnurphy@rndweg.eom DELAlt'Aa& """'"'""'" OHIO Akron January 12, 2004 Fw"IDA 1<",_ Orlmdn -... Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh, PA 15221 RE: William Martinko v. FIvinl! J.. Ine.. t/d!b/a FIvinl! J. Travel Plaza Our File No. 20614-00137 CCP (Cumberland County) No. 01-1062 Civil Dear Mr. Crawford: We still have not received your client's answers to our Interrogatories and Requests for Production of Documents, which were served on or about September 24, 2003. I respectfully ask that you provide us with answers within the next 20 days. If answers are not received by that time, I will have no choice but to file a Motion to Compel. Thank you for your anticipated cooperation in this matter. Very trualy,YOUrs, , ...~? /19r . . ,/? 16selm F. Murpr ..r:J JFM:emp \05_ A \LlAB\JPM\CORR\141252\EMP\20614\00 137 " - w," _ __ I ., -- - '. - ~ ~I -r "I;;,,.~~, .' . < . .. A REG ION, JEFENSE LITIGATION LAW FIRM I'MARsHAU, DENNEHEY, WARNER, COLEMAN t6GoGGIN I A PROPESSIONAL CORPORATION www.marshalldennehey.com .............. Ile<hkhcm IloyIo<own Erie .- -....... --... - PI<- Scr.onlOn W........".,.. 4200 Crums Mill Road, Suite B . Harrisburg, P A 17112 (717) 651-3500 . Fax (717) 651-9630 NEWll11lA1' Cheny ItiII R"",,",d Direct Dial: 717-651-3905 Email: jmurphy@mdwcg.com ......- - o... Akron November 13, 2003 Fu>~ R. Lauderdale Orlmdo Thm"" Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh, PA 15221 RE: William Martinko v. F1vinl!: J., Inc., tld/b/a F1vinl!: J. Travel Plaza Our File No. 20614-00137 CCP (Cumberland County) No. 01-1062 Civil Dear Crawford: You may recall that on September 24, 2003, I sent to you enclosed written discovery and authorizations. To date, I have not received a response or answers. Please advise me as to when I can expect these answers. I look forward to hearing from you. Very tty y~ourS7 5;11 LLL r .:{I O,is~h F. M h 'v JFM/smc \05_ A \LIABIJPM\CORR\137717\SMC\20614\OO 137 . " . , "J._, "<I~,. lij;'- '~;!T. " , -4 .: WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No. 01-1062 CIVIL FLYING 1., INC., t/dlb/a FLYING J. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, [[ u.n lYf~OJ)ju \ , an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on th80+b day , 2004, I served a true and correct copy of the foregoing document via First Class Uni postage pre-paid as follows: Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh, PA 15221 Attorney for Plaintiff c;;:;i: ---~ ~\Ji~)/\ "' ,," ~~tiI<"'i,-'j;;liici>~~llill;iiliwt~~lI!;;m'(!<ilJ;fil:%rwi~...~!~~...l!i!ilW""'~j;ll~ililJ'"'''':'' ~;-iIB ))<J,,,,,,~,,~ ,~~._,_ ",~,~ >~, ... ,= ~_ ,'~" _'~'"'O _ >,~=._~ ~ ~~ ,_ . It, ~ _ _ _l.I.i. . , , ,~ '. ". ~ () "'" = 0 C = "TJ s: -- -::; l~'--I ..., :::! 3~:[n rr; :o:!-~l \:0 t'\7"':: :;:.-,;~ r--- N -oi1n (j) ,"-, ~O ./ ""- OJ.. r.:=: ---j(~ ~" ;2 -0 is " '. ) 3':': -;-;::.:: L () '-;," "-'; >, (,J 0-11 C.-= W 2: --, )::..,.. -.-{ -~ -< -~ 0 -< ~ k;o, 1-- >, 0" WILLIAM MARTINKO, Plaintiff vs. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 01-1062 CIVIL CIVIL ACTION - LAW FLYING J, INC., tJd/b/a FLYING J TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this Riot: day of April, 2004, upon consideration of the Motion to Compel filed by defendant, Flying J, Inc., it is hereby ordered that said motion is granted. i Plaintiff shall serve full, complete, and verified responses to defendant's Interrogatories - Set II and Requests for Production of Documents - Sets I and II within thirty (30) days from the date that this order is served upon the plaintiff by regular mail, or thereafter suffer possible sanctions upon further application of defendant. BY THE COURT, :rlm vthomas A. Crawford, Jr., Esquire For the Plaintiff v.foseph F. Murphy, Esquire For the Defendant o 4 - 2'-. ~ O~ t~~>l~l1t'Mlii,-~I!i","ij~"'"'t;;t,'~~'.~~<f~"IIllii~iI!li""':l<i"Ji'J,';>':>&,t:<~,";-.Ili(f),"iW-,$;'&\_~iI!i, -Jlii!iil;j , ", ~ildltll ~. ..., (' \)'\ ~:'~ ~U ,; 0'. \-' \' ',.1 ~~\)i, {~ \:':;~, 'il ,....." I ,,;}\Jl t'" \f""\ bl 'dO ~J.' ,~\:,-1\, ',.,\.-.,J:\.....\.., __"'''\' I /\':"1']-'-"'"".:'.;'1 un-(\:J Cl ::h,.i\:.\-"V ~ :\0 ^>'~'_ ,,0; -"., '~r"""","""". , v ""'''''''~'__ '<Y,_, ,"_, :~I.",c"'_;'''''-- .,_""_~>-,,o ';:--"~' "','~_"""~ .c ," "," ~__o "n. ,_," ' -'''- ".'. ',-".""", >.~ . 1r1 ~-~ ". _'I, -- c -.;...-J "-w.,=~~J;--..;_,\-.r. , -,-~-..- ,.;;...-: ";i~.,.'t"_._--,,, - ""'--\1 105 AILIABIJPMILLPGI1483631JHW\20614100137 WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING 1., INC., t/d/b/a FLYING J. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE 1. On February 24,2004, Defendant filed a Motion to Compel Plaintiff to answer defendant's written discovery. 2. On February 27,2004, the Honorable Kevin A. Hess entered a rule upon plaintiffto show cause why the Reliefrequested in defendant's Motion should not be granted. The rule was returnable in twenty days after service upon plaintiff by regular mail. (A true and correct copy of the rule to show cause is attached hereto as Exhibit A). 3. On March 19,2004, defendant served plaintiffs counsel with Judge Hess' Rule to Show Cause. (A true and correct copy ofthe cover letter is attached hereto as Exhibit B). More than twenty days have passed since defendant served plaintiffs counsel with the Rule to Show Cause. 4. In light of plaintiffs failure to show cause why the discovery should not be answered, defendant respectfully requests that this Honorable Court grant the Motion to Compel and enter an order compelling plaintiffto serve a full, complete, and verified answers to defendant's discovery. (A proposed order is attached hereto as Exhibit C). . __c-', . r. ~- ,- - _ - L ,- I __, ,~---" o.,,-_-_{_'o ,_'" -', ~,Jd.-"'~-'--_ ,- - - , \," _ -, _ '~H - '_A WHEREFORE, moving defendant Plying J respectfully requests that this Honorable Court grant this Motion and enter and order compelling plaintiffto provide a full, complete, and verified answers to defendant's written discovery within thirty days from the date of the order. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: I ' -/- /3 -QLj BY: P F. I. . No. 78119 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3503 Attorney for Defendant , - ~., " 1 ,'. -~ ',- I,' '_ - ~,Ih~- _ '-. "oJ~-_,;_.L_- -'w .---~ ";",_i_,:J,_,C__,_,_ " ",,-;~ WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Joseph F. Murphy, Esquire hereby certify that I served a a true and correct copy of the foregoing document via First Class United States mail, postage prepaid as follows: Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh, PA 15221 ~.~ J F~ , ESQUIRE 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 Attorney for Defendant DATE: L/_ /'3rOLj ,. "'" _'J , ^ l- -"p-- I. .;;.1, -. " If~'~' ,..~~.:.! FES 2 5 2004 t WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ;{ 711 day of ^ c::..b ruo..r , 2004, upon consideration of Defendant's Motion to Compel, a Rule to Show Caus is hereby issued upon Plaintiff, William A. Martinko, as to why Defendant's Motion to Compel Responses to Defendant's discovery should not be granted. This Rule is returnable twenty (20) days after service upon the Plaintiff by regular mail. BY THE COURT: J. 105 J ILIAB\JPMISLPGI143893IKAB\20G 14\00 13 7 ,:.!l< .".-;.,>- ~ ;~. ~~;;f, ,i~:_j:;;:',f,\,;; ~:';:; EXHIBIT ^, I A i_'~~ ^' ," ,I ^' ,,~ I-'-~~'d .' A REGIONAL DEFENSE LITIGATION lAW FIRM I MARsHALL, DENNEHEY, WARNER, COLEMAN ~GoGGIN I A PROFESSIONAL CORPORATION www.marshalldennehey.com .......,.,v~ Bethlehem Doytestown En. Ramsburg Newtown Square Nonistown Phihllldphia Piltsburgh Scranton Wllliamsport 4200 Crums Mill Road, Suite B . Harrisburg, P A 17112 (717) 651-3500 . Fall: (717) 651-9630 Direct Dial: 717-651-3509 Email: jmurphy@nldwcg.com N..- ,_IX OI(:rryHilI ."""'" ......- Wilmington 0.0. Akron March 19,2004 ho_ Ft.Lauderdale O""'do T=p' Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh, PA 15221 RE: William Martinko v. Flving J.. Inc.. Vd/b/a Flving J. Travel Plaza Our File No. 20614-00137 CCP (Cumberland County) No. 01-1062 Civil Dear Mr. Crawford: Enclosed please find Judge Hess' Rule to Show Cause, dated February 27,2004. Very truly yours, "' j " ,_ : _, _ , I/l " \.i 0 ~v\'V{,. Jeseph F. Murphy ') JFM:emp Enclosure \05 _A \LIABIJPM\CORR\1465 j 6\EMP\20614\00 137 EXHIBIT I 8 "',.",-:,,-,-",-,,,-; '. .- , ,--, ~ I " ., I ..~','-- 1""'.' -:~~,'" 'Oi,-__. ,,-, ~- '" .t .. WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2004, upon consideration of the Motion to Compel filed by Defendant Flying J, Inc., it is hereby ORDERED that said Motion is GRANTED. Plaintiff shall serve full, complete, and verified answers to Defendant's Interrogatories - Set II and Requests for Production of Documents - Sets I and II within thirty (30) days from the date that this Order is served upon the Plaintiff by regular mail, or thereafter suffer possible sanctions upon further application of Defendant. BY THE COURT: J. 105_ A ILIAB\TPMlSLPG11438941KAB\20614100 137 EXHIBIT ~ .""-'miiiJ,~it!~UiiJ1""i'i#-~;H"';"'~~"JHiiI!~li<iIl>1l\t*:kl'.ill::,;,,,,~,,,,=,,,",-;,,;,...,,-1J"""jtoeih8,c"",,j";-~mll~~l!Iii-llIililIM~IIlIIiId~~.Uir1"~-!I\f!l>iliIIt_ ~fl!Inl .~_" ' ,-_~,,~_ ~ .. "'~'_ ~=~~'"M__",,_ _"I ,Co" ~~" . "'"-"- ,,,. """, -~, ~--' -- , -~ ' -~-=- .-.' ~~~!ir . ~,'-, ,"'" '. (j "-' c::~ 0 ~i~ "'0 'TI ...- ~ :;:l c ~'-G ni :t! ;;::) r- ~" -orn :oy C~-: O. :--19- .. - -c- _J:" .c ~~ W ::-'---1 "', p ,J,,; ,--- --< c~ c. ,j ,'h -' , "._, ,- 1, '- ,"'.- ~ I -..,,'-. . ~ -'~""""'f~ ,. .-,.:..,.,[1(. FES 2 5 2004 11 v WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2004, upon consideration of the Motion to Compel filed by Defendant Flying J, Inc., it is hereby ORDERED that said Motion is GRANTED. Plaintiff shall serve full, complete, and verified answers to Defendant's Interrog,ltories - Set II and Requests for Production of Documents - Sets I and II within thirty (30) days from the date that this Order is served upon the Plaintiff by regular mail, or thereafter suffer possible sanctions upon further application of Defendant. BY THE COURT: J. 105_ A IUAB\JPMISLPGll 43894\KAB\206141001 37 -,~.. -"'~ ~~" , 1-, ,- - - ~-. .'> . .1" _" -. " 1 -~ ~~ _ - .;l ~I ,-' , ; ,,-,--~,,--,-,--. ',;.' ~ ~~.:...~~.,~ WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED ORDER AND NOW, this day of . 2004, upon consideration of the Motion to Compel filed by Defendant Flying J, Inc., it is hereby ORDERED that said Motion is GRANTED. Plaintiff shall serve full, complete, and verified answers to Defendant's Interrogatories - Set II and Requests for Production of Documents - Sets I and II within thirty (30) days from the date that this Order is served upon the Plaintiff by regular mail, or thereafter suffer possible sanctions upon further application of Defendant. BY THE COURT: J. 105_ A ILlAB\JPMISLPGl1438941KAB\20614100137 =& -'- - _' _ . -~ l t-. + ,. '_>.,'_,,';_;.1> "",..,~;:J " WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYING J. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance ofthe undersigned as counsel on behalf of the Defendant, Flying J, Inc. tJd/b/a Flying J Travel Plaza, in the above-captioned case. DATE:. BY: -J l'r j< -~illMtiii.H" -i'i"lriiit~i~~i~!~;j..f;H~''':;;;' ~J _., _,; __,,~ ~"_c,"""',,~ "~.L. }.,fiJ, , j I ~, l'-'j\,'~'117.!f'\_\ 1\"\/lr,._" '\'-';\,',-\1'- I C', "J ':-!:!ji~vno 6r; :2/iJ."/ ~ 8~ I:JS ' . Q~ 1100" A~.{I(""- Go ,.11/_01\.10'./'11"'" '. 7../...' ,I; r -, 90l,t~!.:c:;2.. iHl "'0 ~'V v::Il/j ~ , ',.-- ~-. ~--.- '.1'-' ,. ~,,--~',~. " 'I ,-I ~-: - .: I, -~' '...;.."..........-~,:_; ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf ofthe Defendant, Flying J, Inc. t/d/b/a Plying J Travel Plaza, in the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE J.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3509 DATE: ~ Illo"i Attorneys for Defendant ,- ~ ), ='->. ,~ t ,~ -' 1--- .- '" ,,- , I...;, ~ ~, "j WILLIAM MARTINKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. No. 01-1062 CIVIL FLYING J., INC., tJd/b/a FLYINGJ. TRAVEL PLAZA, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Christopher M. Reeser, do hereby certify that a true and correct copy of my Entry of Appearance was served to all parties herein listed via United States First-Class mail on the date below. Thomas A. Crawford, Jr., Esquire 1306 Penn Avenue Pittsburgh, PA 15221 Attorney for Plaintiff MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: CHRISTOPHER M. REESER, ESQUIRE J.D. No. 73632 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 (717) 651-3509 DATE: ~ I d.?'1 Attorneys for Defendant ,'i>' -~":ailijJ'-i" ~.'" - _'_Mt~;-'"';"" j:mi~~;'~~!iil\!~~"~"'"';"'-;;"'''''''*~.' 0~ . .~ .1 .-~, ~ " ,~ C_'. _,V ,-~.l.. ,;. , 'Yk- ,',,_ _', - .-_~..- (') C ;;: ;~~}:::.' ~_. :T: (/I)::~ ~ 2:(' ~~ ,- ::;(..: -< -< , ...., c=> = ....'" "" r-f1 -r,) I CO o "71 -i :1:_,., rn~ :89 06 ::;:.~ ,.. i 6;b! 7'-.) ~~rn >- -on :< V ::J: t".;. (----> 1.0 'i!