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Home My WebLink About01-06383 ",,",,~ ~"""-',I j~ J I" IM'~ ~'""j, ,,' ~,',,,,, 0", ''''''< . J' ," ;(i:"l~" ., DONALD TAYLOR, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01- ~3J>J C;O.1 '--r-~ CIVIL ACTION - LAW EDWARD VOEGELE and USF GLEN MOORE, INC., Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 TillS 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{:AN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 I, II ," J' "1 '-lIlillll>ldt..' ,I .',1., " , , ,:,loM", :,;' '1'''0 ,;-,' " ,._~';>",,: lJm'--~:; DONALD TAYLOR; Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01 - t..3F'J C(,x'l y~ CIVIL ACTION - LAW EDWARD VOEGELE and USF GLEN : MOORE, INC. Defendants COMPLAINT AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his Attorneys, Robinson & Geraldo, and files this COMPLAINT, and in support thereof states as follows: 1. The Plaintiff is an adult individual residing at 437 Meadow Lane, Shermans Dale, Perry County, Pennsylvania. 2. Defendant Edward Voegele (hereinafter "Voegele") is an adult individual residing at 737 County Road 308, Cullman, Alabama 35057. 3. Defendant USF Glen Moore, Inc. (hereinafter "Glen Moore") is a Pennsylvania corporation with a principal place of business located at 1711 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. 4. Voegele has a mailing address in Pennsylvania of 950 Walnut Bottom Road, Suite 203, Carlisle, Cumberland County, Pennsylvania. 5. On or about July I, 2000 Plaintiff and Voegele entered into a written contract (hereinafter "Contract"), termed a lease purchase agreement, for the purchase of a year 2000 model Freightliner Classic motor vehicle (hereinafter "Motor Vehicle") (a copy of which is attached hereto as "Exhibit A" and is incorporated by reference). ~ ~'~.~~~"""~..........' I ",1' .' ~ "__' Ie _'," "'~ ',C" "., lA', Jrif.Ii@'*,,~..s 6. The Contract was executed in Cumberland County. 7. Plaintiff has substantially performed under the terms of the Contract by making the agreed-upon monthly payments for the Motor Vehicle. 8. On or about July I, 2000, Plaintiff and Glen Moore (hereinafter "Glen Moore") entered into a lease agreement (hereinafter "Lease") providing for compensation for use of Plaintiff's Motor Vehicle (a copy of which is attached hereto as "Exhibit B" and is incorporated by reference). Count I - Intentional Interference With Contract 9. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs I - 8 as if fully set forth herein. 10. Voegele is not a party to the Lease between Plaintiff and Glen Moore. II. Plaintiff generates approximately Five Thousand and 00/100 ($5,000) Dollars per week in gross income from the lease with Glen Moore. 12. On or about September 7, 2001, Voegele knowingly and willfully invaded and interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of promoting Voegele's own financial interest by stating to Glen Moore that Plaintiff no longer had rightful possession of the Motor Vehicle. 13. Upon notice from Voegele, Glen Moore immediately terminated the Lease. 14. Plaintiff has since been unable to use his Motor Vehicle in accordance with the terms of the Lease. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Edward Voegele, for both compensatory and punitive damages, an ~"' ~~ , ..Li;,L " - ~',,--,,' "'" '."-,;~<" ................. l::I ,t" amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs. Count II - Breach of Contract 15. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs I - 14 as if fully set forth herein. 16. At all times relevant to this matter, Plaintiff has claimed rightful and legal possession of the Motor Vehicle; 17. On or about September 9, 2001, Plaintiff spoke with Voegele regarding a dispute over the Contract, where Voegele requested possession of the Motor Vehicle due to Plaintiff breaching the Contract. 18. During the conversation on September 9, 2001, Plaintiff refused to return possession of the, Motor Vehicle to Voegele, claiming that Plaintiff continued to have legal possession of the Motor Vehicle because he had not breached the Contract. 19. Plaintiff continued to keep the Motor Vehicle on his premises and did not hold the premises open to Voegele. 20. On or about October 4, 2001, Plaintiff returned to his residence and discovered that the Motor Vehicle was missing. 21. The Motor Vehicle is now in Voegele's possession. 22. Voegele refuses to return possession of the Motor Vehicle to Plaintiff. 23. As a result of Voegele's actions on both September 7,2001 and October 4,2001, Plaintiff has been unable to commercially use the Motor Vehicle because the Motor Vehicle was taken from his possession. I II II ~ ""'"l.!i.h.1::..J . ~ .~. - ,..L~', " , ~ --I I , ,:'-C:", --, "~,~,,' ',>" "";""'~:ltiii!li~~',i WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Edward Voegele in an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs. In the alternative, Plaintiff requests this Honorable Court to enter judgment in favor of the Plaintiff through specific performance by requiring Voegele to return possession of the Motor Vehicle to Plaintiff. Count III-Breach of Contract 24. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs I - 23 as if fully set forth herein. 25. At all times relevant to these proceedings, Plaintiff has had a rightful and legal interest in the possession of the Motor Vehicle. 26. At all times relevant to these proceedings, Plaintiff has substantially complied with and fulfilled the tenns of the Lease. 27. Glen Moore's actions on September 7, 2001, as stated above, violated the terms of the Lease because Plaintiff had full and complete legal right and authority to the Motor Vehicle. 28. Before terminating the Lease, Glen Moore never made a good faith effort to determine whether Plaintiff still retained rightful possession of the Motor Vehicle. 29. Upon tenninating the Lease, Glen Moore forwarded the payment for the week ending September 8, 2001 to Voegele, which Plaintiff was entitled to receive under the existing Lease. 30. As a further result of Glen Moore's actions, Plaintiff has been unable to operate his Motor Vehicle in accordance with the tenns of the Lease, since the date of September 7, 200 I to the present. ~~. ,~ o~ ~, L. I , , . I~,-"",,, ~--il:..--~ .', WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Glen Moore in an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs. Respectfully submitted: ROBINSON & GERALDO Date:~/~ ~;zdJ1 By: d~<)f LJ Andrew H. Shaw, Esquire ROBINSON & GERALDO Attorney LD. No. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff " ,',' '-- '-"'~:"'~~' '". ~, -'Jl ~ .....~" I ..- , ' .1 , ~~"~" VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~ Donal~or II II ~ '. . '~.' -.. ". DONALD TAYLOR, Plaintiff v. EDWARD VOEGELE lImd USF GLEN MOORE, INC. Defendants , . .' , ", , . C"""-'~'--"'~~~-"":':Iii~,j;,@",L : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that on the 9th day of November, 2001, I caused a true and correct copy of the COMPLAINT to be served upon the following individual by first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania. Michael J. Hanft, Esq. Attorney for Edward Voegele 19 Brookwood Avenue Suite 106 Carlilse, PA 17013-9142 II Ii II By: fll~rf LA! Andrew H. Shaw, Esquire ROBINSON & GERALDO ATTORNEY J.D. NO. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, P A 1711 0 (717) 232-8525 Attorney for Plaintiff ~' _, ~""~,~ ~.h.....", ....J",.... . ~~ >" ~ J J J', ".is! '"'lo\d.-I,";'-P'~"",~c,<,e,,"'j,_ I Edward D. Voegele and Donald S. Taylor have an agreement of a lease purchase 2000 Freight/iner Classic. Vin # IFUPCS7BIYLB86496 As of July 1,2000. As of July I, 2000 Donald S. Taylor assurnes all responsibility. S. Taylor EXHIBIT ~ ~ A ..1 I -" .'-'.~'"' '"""-~--""oJ.!<~iIlwiilIrJ ........ ~- ~' - "0- liillail ~ . , .. ",,,,,,,-;;;;.,;M,c USF GLEN MOORE, INe. OWNER/OPERATOR EQUIPMENT LEASE AGREEMENT LEASE# 9292 USF Glen Moore, Inc., of Carlisle, Pellllsylvania, a motor carrier holding operating authority in ICC DOCKET NO. MC-192952 (hereafter "USF Glen Moore, Inc." or "Lessee") and DON S. TAYLOR of the motor vehicle equipment described below and leased herein (hereafter "Lessor") hereby enter into and agree to be bound by the Equipment Lease Agreement (hereafter "Lease") in accordance with the rules and regulations of the Interstate Commerce Commission (ICe). . 1. PARTIES: The parties to this lease are the parties indicated above and any of their agents, employees, contractors, drivers, or successors-in-interest. Where applicable, the tenns used herein shall have the m",1Iling ascribed by the ICC in 49 C.F.R. 1057.2. The parties agree that any of their agents or other representatives to whom this Lease is entrusted are hereby duly authorized to sigu and perform this Lease on behalf of their respective parties. 2. COPIES: This lease shall be sigued and executed in at lease three (3) copies, each of which shall be considered an original. One executed copy (known as the lessee- carrier's copy) shall be retained by USF Glen Moore, Inc. One executed copy (known as the Lessor's copy) shall be retained by Lessor. One executed copy (known as the equipment copy) shall be carried on the leased equipment during the period of this lease, unless a certification statement is carried on the equipment instead, pursuant to 49 C.F.R. 1057.11 (c)(2). 3. EQUIPMENT TO BE LEASED: For and in consideration of the agreed rental and the covenants, terms and conditions set forth herein, Lessor hereby leased to USF Glen Moore, Inc., and USF Glen Moore, Inc. hereby rents, hires and lets from Lessor the motor vehicle equipment described in Appendix C. Lessor warrants to USF Glen Moore, Inc., that the equipment described in Appendix C is not subject to any existing lease, that Lessor is the "owner" of the equipment within the meaning of 49 C.F.R. 1057.2 (d), and that Lessor has full and complete legal right and authority to lease such equipment pursuant to the terms of this lease. 4. QUALIF ACA nON OF LESSOR: In order to be qualified to perform the required services pursuant to this Lease, Lessor shall maintain and provide Lessee, upon request, with adequate proof of the following (a) Ownership and title of the equipment described in Appendix C, or Lessor's right to exclusive use of such equipment for a period longer than 30 days. (h) State certification and commercial driver's license authorizing Lessor or his driver to operate and use the equipment described in Appendix C. (c) Insurance in the type amount specified in this Lease; and Financial statements andlor other related documents establishing Lessor's financial responsibility and ability to conduct his business; (e1) Results of drug and alcohol tests for each driver and operator of the equipment leased hereunder, given pursuant to Section 10 (c) of this Lease, indicating negative results of such test. Any EXHIBIT .~ :;; !il B ""11 ..........., w.-, , " _I ~.>~ I ,~_ k ~ _. oi<l:.lJ ., tIi!I.:""l'_W.~~"",>@d, . operator for whom such drug and alcohol test produces a positive finding, shall not be qualified to operate the leased equipment, and the services of such driver or operator will not be accepted by USF Glen Moore, Inc. 5. RECEIPTS AND RECORDS: Upon taking possession of the equipment, USF Glen Moore, Inc. shall furnish Lessor with a receipt for such possession stating the date and time of day when possession of the equipment is taken by USF Glen Moore, Inc., and identifying the equipment to be leased. The receipt may be transmitted of communication. When USF Glen Moore, Inc. surrenders possession of the equipment to Lessor upon termination of this Lease, Lessor shall furnish a similar receipt to USF Glen Moore, Inc., identifying the equipment and the date and time of day when possession thereof was returned to Lessor. This receipt may be transmitted to USF Glen Moore, Inc.by mail. telegraph, or other similar means of communication. USF Glen Moore, Inc. shall malntain those records regarding the leased equipment required by 49 C.F.R. 1057.11 (d). 6. IDENTIFICATION OF EQUIPMENT: (a) During the period of this lease, the leased equipment shall be marked to identify USF Glen Moore, Inc. as the operating carrier in accordance with 49 C.F.R. 1057.11 (C) and 1058. USF Glen Moore, Inc. agrees to furnish such identification for equipment to Lessor, and Lessor agrees to display such identification thereon in the maIllIer required by all applicable laws and regnlations. (h) When the equipment is not in actual and authorized use for USF Glen Moore, Inc., Lessor agrees to remove from the leased equipment, all signs, placards, and identification devices displayiD.g USF Glen Moore, Inc. name and ICC docket number. Moreover, upon termination of the Lease, Lessor shall also return to USF Glen Moore, Inc., all other property (such as, but not limited to, permits and authority packets) furnished by USF Glen Moore, Inc. to Lessor. Such identification devices and other property of the Lease at Lessors expense by first-class mail, postage prepaid. As provided in Section 12 (c), and hereof, the return of all identification devices is a condition precedent to final payment to Lessor and to the return of the escrow fund. 7. DURATION OF LEASE AGREEMENT: (a) This Lease shall commence on the "effective date and hour" specified in the final paragraph hereof, and shall continue in effect until termination in the manner described below. (b) After this Lease has been in effect for 30 days, it may be terminated by either party on ten (10) days' notice, by mailing or delivering to the other party two copies of a written notice of termination (except that USF Glen Moore, Inc., may terminate this Lease sooner for breach, as described below). Termination shall be effective either upon the II th day after receipt of the termination notice, or at such later date as may be specified in the notice, or at such later date as may be specified in the notice. The party receiving notice of termination shall receipt the copy of such notice and return such receipted copy to the other party. (c) Any use of the equipment outside the scope of this Lease by Lessor. is a specifically desiguated breach which automatically terminates this Lease and ends responsibility for the leased eqnipment, unless otherwise agreed in writing by USF Glen Moore, Inc. (d) The lessee may terminate this Lease immediately by oral communication (followed by written confirmation within 30 days) for any of the following reasons, each of which constitutes a breach of this Lease: (1) Lessor's failure to furnish the equipment described in Appendix C or keep such equipment in good operating condition in accordance with all appropriate safety requirements, including those of the U.S. Department of Transportation (DOT); (2) Lessor's failure to make available at all times a competent driver, properly qualified under DOT, state and other safety regulations; (3) Lessor's failure to comply with reasonable requests by USF Glen Moore, Inc. for adjustment of equipment necessary to render useful or effective service, including furnishing necessary supplemental equipment; (4) the loss, damage. destruction, or theft ofa ..t "~"~- . .",,",,,,,_~J~' <-" " "~ .~'~d ~_ , ., ' ~=""""M<'>l"~"-';,,-;",,,~i. trailer being operated by, or in the possession of Lessor; and (5) violation of any covenant or other provision of this Lease. 8. PURPOSE AND OPERATIONS: (a) It is understood that, during the term of this Lease, USF Glen Moore, Inc. shall have exclusive possession, control and use of the leased equipment, and that USF Glen Moore, Inc. assumes complete responsibility for its operation during such term, to the extent required by 49 C.F.R. 1057.12 (c). (b) Lessor agrees to follow the instructions ofUSF Glen Moore, Inc., regarding the use of the leased equipment during the term of this Lease, and to indemnify USF Glen Moore, Inc., against any liability resulting from the use of the equipment leased herein, as more fully described in Section 15 below. (c) The performance of this Lease shall be in accordance with all laws, regulations and requirements of the ICC, DOT and all other appropriate public bodies (hereinafter collectively referred to "governmental regulations"). Lessor shall comply and shall cause its driver to comply with all governmental regulations, and Lessor agrees to indemnify USF Glen Moore, Inc. against and to hold USF Glen Moore, Inc., harmless for any violations of such regulations. (d) Lessor shall report all accidents, claims, losses, damages, shortages, over-weights, or overages to VSF Glen Moore, Inc. irmnediately, and shall provide USF Glen Moore, Inc. with all written reports affidavits, or other assistance as may be necessary to investigate, settle or adjudicate such matters. (e) Lessor agrees to operate the equipment form origin to destination over Lessor's choice oflegal routes. Lessor expressly agrees to make timely and safe deliveries of all loads, and also agrees to notify USF Glen Moore, Inc. when delivery has been made or when delivery will be delayed for any reason. Should Lessor for any reason fail to complete delivery of a load accepted, USF Glen Moore, Inc. may arrange for completion of such delivery at Lessor's expense, and completion of the trip involved in order to reduce or limit USF Glen Moore, Inc's. liability. Lessor hereby waives any recourse against USF Glen Moore, Inc. in such action and agrees to reimburse USF Glen Moore, Inc. for any cost and expense arising out of completion of such trip and to pay USF Glen Moore, Inc. any damages for which USF Glen Moore, Inc. may be liable to the shipper or others arising out of Lessor's failure to complete the trip. 9. ASSIGNMENT AND SUBLEASING: Neither party may assigu this Lease. However, during the term of this Lease, USF Glen 1100re, Inc. shall have the right to sublease the equipment as ifit were the owner of such equipment, and USF Glen Moore, Inc. shall be relieved of exclusive possession, responsibility and control over the leased equipment during the period of any such sublease. 10. COST OF OPERATION: (a) Lessor agrees to deliver to USF Glen Moore, Inc., the lease equipment in good running order and condition, and to malntain the equipment, at Lessor's own expense, in good working condition, furnishing all necessary items (such as oil, fuel, tires, parts, supplies, and repairs for the operation of said equipment. Lessor further agrees to keep the equipment clean and to comply at its own expense with all safety and other requirements mandated by any pertinent governmental regulations. Lessor shall, at its own expense, inunediately make such mechanical correction or other adjustments and repairs as are necessary for the equipment's proper operations. USF Glen Moore, Inc. has the right to inspect the equipment at any time. (h) Lessor shall be responsible to pay for all other costs of operation of the equipment which are not specifically required herein to be paid by USF Glen Moore, Inc. Such operational costs to be borne by Lessor include, without limitation: fuel and fuel taxes; weight tickets; tolls; fares; base - - ~ ~..L """'~,_. ~~ ".-'" , '" ~ ~, - -~w,..&',;"A""AW".i" plates and licenses; detention and accessorial services; any unused portions of the foregoing items; mamtenanc.e anel repllIr costs; wages and remuneration of operators, drivers and helpers, including, but not Iirmted to, overtune and bonuses; personal injury and property damage insurance relating to the equipment as further described in Section 14 below; workers' compensation premiums, unemployment insurance, social security payments or other similar insurance; taxes or benefits relating to the operators, drivers and helpers; axle, weight and other taxes, fees, charges, assessments or exactions relating to the equipment, including mileage and highway taxes and all reports connected with such matters; liability for property damage and personal iIJiury exceeding the scope of insurance coverage; and, except as otherwise provided in this section 10 (h), all fines and penalties arising out of the use of such equipment. Except when the violation resnlts from the acts or omissions of Lessor, USF Glen Moore, Inc. shall assume the risks and cost of fines for overweight and oversize trailers when the trailers are preloaded, sealed, or the load is containerized, or when the trailer or lading is otherwise outside of Lessor's control, and for improperly permitted over-dimension and overweight loads and shall reimburse Lessor for any fmes paid by Lessor. Lessor should weigh equipment at nearest set of scales to be sure that axle and gross weights meet prescribed weights by local, state and federal regulations, or be authorized by a USF Glen Moore, Inc. dispatcher to continue to continue trip. (c) Lessor shall furnish, at its own expense, the drivers and other personnel necessary to operate the equipment leased herein. Such drivers and other personnel shall be exclusively the employees of lessor, shall be at lease 21 years of age, have proper operators' licenses, and shall be in compliance with all Federal and State regnlatory requirements pertaining to physical examinations and drivers test. Lessor further agrees to keep records of and pay all taxes, payroll deductions and insurance premiums relating to such drivers and personnel (including, but not limited to, all social security taxes, sickness and accident taxes, insurance premiums, and other payroll withholding and similar deductions or taxes). Subject to USF Glen Moore, Inc. 's obligations under pertinent governmental regulations, all drivers, helpers or other persollllel engaged by Lessor in the performance of Lessor's obligations under this Lease shall be solely under the control and direction of Lessor. Lessor further represents that the drivers and operators furnished for the equipment are familiar with, and will obey, all applicable governmental regulations; that the drivers and operators will cooperate with USF Glen Moore, Inc. in complying with all governmental regulations and providing a complete transportation serve; that the drivers and operators will take such tests as maybe prescribed by USF Glen Moore, Inc., including, but not limited to, screening for the presence of drugs and/or alcohol and cooperate in such tests and in such safety and training programs as may be administered by USF Glen Moore, Inc.; and that Lessor or its employees will promptly file with USF Glen Moore, Inc., all log sheets, physical examination certificates, accident reports, copies of workers' compensation insurance policies, and other reports, documents and data required by law or by USF Glen Moore, Inc. At the commencement of this Lease, Lessor shall provide USF Glen Moore, Inc., with the Certificate of Driver Qualification and Hours of Service Certification for the leased driver. (d) USF Glen Moore, Inc. will supply all permits to Lessor at the inception of the Lease, and will deduct the cost of said permits (See Appendix B). Upon termination of this lease, Lessor shall return all permits (transferable and non-transferable) to the Lease. 11. COMPENSATION: (a) USF Glen Moore, Inc. agrees to pay Lessor for the rental, use and operation of the equipment leased herein, compensation as provided in Appendix A which is attached hereto and made a part hereof, less charges and deductions as provided in this agreement. Where the Lessor's equipment is used in lease interchange operations with other carriers, all payments made to other carriers, all payments made to other carriers in connection with that use shall be deducted from the Lessor's compensation. (b) It is expressly understood that USF Glen Moore, Inc. does not guarantee Lessor any amount of freight for transportation during any period of time ~.~ ......... I. , , ~- J ~'.it Jt,,->- '. ., <~~<5UI"d)!Ji',"",,~,., 12. SETTLEMENT: (a) Payments by USF Glen Moore, Inc. to Lessor for the use and operation of the leased equipment in a trip in the service ofUSF Glen Moore, Inc. shall be maele within ten (10) days after submission to USF Glen Moore, Inc. of driver log books required by DOT and documents necessary to secure payment from the shipper, including bills oflading (to which exceptions have been taken) or shipping orders; signed delivery receipts; and any specific documents required by the shipper. In addition, after completion of each trip in the service ofUSF Glen Moore, Inc., Lessor shall submit to USF Glen Moore, Inc., all interchange papers; fuel purchase receipts; damage reports; state or federal inspection reports; accident reports; driver daily vehicle condition reports; weight slips; trip manifests; toll receipts; detention, mileage, and log report; and any other reports required by govermnental regulation. (b) Upon termination of the Lease, as a condition precedent to final payment, Lessor shall remove from the equipment, and return to USF Glen Moore, Inc., all equipment identification devices of USF Glen Moore, Inc. as provided in Section 6 (h) of this Lease. If the identification devices have been lost or stolen, a letter from Lessor certifying the removal of such devices from the equipment "ill satisfy this requirement. Until this requirement is satisfied, USF Glen Moore, Inc. may withhold final payment. 13. CHARGE BACKS: USF Glen Moore, Inc. expressly reserves its right under C.F.R. 1057.12 (b) to initially pay any of the expenses which are Lessor's responsibility under this Lease, subject to USF Glen Moore, Inc.'s right to deduct such prepaid items from Lessor's compensation. Lessor hereby authorizes USF Glen Moore, Inc. to make deductions each week from rental charges to be paid Lessor for any monies authorized and/or expended by USF Glen Moore, Inc. on behalf ofl.essor including, but not limited to, license tags, vehicle registration and title fees, permits, cash advances, equipment, repairs, fuel loan payment, all insurance payments (including, for example, but not limited to liability, medical and worker' compensation), trailer or other equipment rental fees, tax stickers, and tractor payments. USF Glen Moore, Inc. will deduct $1,000.00 from settlement for deductible on physical damage on trailers and $1,000.00 for cargo insurance deductible. The amount of the expense charged back to Lessor shall be the amount which USF Glen Moore, Inc. was required to payor advance. USF Glen Moore, Inc. shall provide Lessor with a written explanation and with copies of those documents which are necessary to determine the validity of the deductions. Any such payments by USF Glen Moore, Inc. on behalf of Lessor, shall be repaid in full by Lessor within thirty (30) days, shall be paid by Lessor. 14. INSURAt'lCE AND RESPONSIBILITY: (a) USF Glen Moore, Inc. shall maintain insurance coverage for the protection of the public pursuant to and in the amounts required by Interstate Commerce Commission regulations promulgated under 49 U.S.c. 10927. USF Glen Moore, Inc. shall secure such insurance, shall maintain the insurance in its own name, shall be responsible for paying the premiums on such insurance, and shall file evidence of such insurance with the Interstate Commerce Commission. (b) USF Glen Moore, Inc. shall be named as an Additional Insured under Insurance Service Office from No. CA 23 12 (TRUCKER'S - Named Lessee as Insured) with respect to all insurance obtained by Lessor in cOllllection with this Lease. Lessor shall furnish USF Glen Moore, Inc. with Certificates ofInsurance evidencing this insurance and stating that coverage carmot be cancelled or materially changed without thirty-days advance written notice to USF Glen Moore, Inc. Lessor shall be responsible for physical damage, theft or loss to the leased equipment without regard to the cause thereof. Lessor shall obtain and maintain statutory Workers' Compensation or other insurance, and shall pay all costs thereof, relating to drivers or other personnel furnished in connection with the leased equipment. A Certificate ofInsurance evidencing such coverage shall be provided to USF Glen Moore, Inc. "- "-~~~ ~ ..~~~ - ~, -:d.~ ~~ I~ - .,,"-. ~ ,~ ~:!&,,,,",,,,",,,'i:. (c) USF Glen Moore, Inc. reserves the right to make deductions from Lessors compensation for losses arising out of Lessor's failure to malntain the required insurance. USF GlenMoore, Inc. will furnish Lessor with a written itemized explanation of such deductions before deductions are made for such losses. (d) Nothing contained in this Section 14 shall be construed to in any way limit the liability ofUSF Glen Moore, Inc. to the public in cOllllection with the use of the leased equipment under this lease. 15. INDEMNIFICATION: In addition to any and all other remedies provided under this Lease, Lessor specifically agrees to indemnify USF Glen Moore, Inc. and hold USF Glen Moore, Inc. harmless, through deduction or payment, from any and all claims, suits, losses, fines, thefts, damages, liabilities, costs, or other expenses arising out of, based upon, or incurred because of injury to any person or persons or damage to any property sustained or which may he alleged to have been sustained in connection with this Lease or as a resnlt of the use of the leased equipment during the term of this Lease, including, but not limited to, any violations of governmental regnlations; loss or damage to cargo, equipment or other property; personal injuries; workers' compensation claims; and the unauthorized use of the leased equipment. Additionally, Lessor expressly releases and discharges USF Glen Moore, Inc. from any and all claims and liability arising in connection with this Lease. 16. EQUIPMENT OR PRODUCTS: Lessor is not required to purchase or rent any products, equipment or services from USF Glen Moore, Inc. as a condition to entering this Lease. However, if the Lessor is party to an equipment purchase or rental contract which authorizes USF Glen Moore, Inc. to make deductions from Lessor's rental payment, the material provisions of such contract will be set forth in an Appendix to this Lease. 17. CONDUCT OF LESSOR: Lessor andlor its drivers shall conduct themselves in such a manner as to preserve good relations with the public so as not to adversely affect the satisfactory performance ofUSF Glen Moore, Inc.' s contracts with its customers. Failure to do so, will be considered a breach of this Lease and can result, in the discretion of USF Glen Moore, Inc., in the termination of this Lease. 18. PERMITS AND DECALS: At the termination of the Lease, USF Glen Moore, Inc. requests the return of all equipment identification devices and other property (such as, but not limited to, trailers, permits, placards and authority packets) furnished by USF Glen Moore, Inc. to Lessor pursuant to Section 6 of this Lease. Lessor pays all of the expenses and liability for which it is liable hereunder and returns all equipment identification devices and other USF Glen Moore, Inc. property to USF Glen Moore, Inc. or final settlement may be held. 19. COLLECTIONS AND REMITTANCES: In the event Lessor is required to collect momes due USF Glen Moore, Inc. for transportation of commodities, Lessor will collect the same by certified check or money order payable to USF Glen Moore, Inc. together with any and all charges arising out of or in cOllllection with said transportation in accordance with the bill of lading, shipping contract, or other written instructions covering each shipment transported hereunder. Lessor will remit all collected momes together with properly sigued bills oflading and inventories to USF Glen Moore, Inc. no later than twenty-four (24) hours after making collection. Lessor is not authorized to extend credit or make any adjustments in any of the terms of collection except upon prior written authorization from USF Glen Moore, Inc. Lessor agrees that no shipments hereunder will be delivered until all C.O.D. charges have been collected by certified check or money order unless otherwise instructed by USF Glen Moore, Inc. Any losses resulting from theft, default or failure by drivers of other employees of Lessor relative to the return and transmittal or monies so collected shall be borne solely by the Lessor. 20. INDEPENDENT CONTRACTOR RELATIONSHIP: (a) It is the intention of the parties to this Lease that Lessor shall be and remain an independent contractor. Nothing herein contained shall be construed as inconsistent with that status. Neither Lessor nor the employees, agents, or servants ofUSF Glen Moore, Inc. at any time, under any ~- ~~ .'"~ lie ....,.,""" 1 I.. 1iiIIlf'- """"="""~".'~;;';'d;"t. , circumstances, or for any pUrpose, nor shall any obligations imposed on USF Glen Moore, Inc. by operation of any.federal, state, or local law be deemed to in any way alter the independent contractor status of Lessor and its employees, agents, or servants. (h) Subject to the requirement of the ICC and DOT and of any state regnlatory agency having jurisdiction, Lessor shall be solely responsible for the direction and control of the employees, agents and servants of Lessor, including selecting, hiring, firing, supervising, directing, assigning work, setting wages and hours and working conditions, paying, and adjusting grievances of such employees, agents and servants. It is the intent of this Section to reaffIrm that while Lessor shall be required to meet all obligations assumed hereunder, Lessor is entitled to exercise the discretion and judgement of an independent contractor in determining the methods to be used in so doing. (c) Lessor shall indemnify and save USF Glen Moore, Inc. harmless from any liability for wages or benefits for Lessor's employees, agents or servants, and for any costs or expenses of, liability whatsoever to, laws, workers' compensation laws or any other state or federal law applicable to employees or employers, or othernise. 21. SATELLITE SECURITY DEPOSIT: (a) Lessee may, in its sole discretion and for the establishment of a damage fund, deduct from the first and second settIementto Lessor under this Lease, the minimum of$400.00 for each piece of equipment listed on Appendix B and leased hereunder. (See Appendix B) (b) Reserve for Repairs (optional) - $100.00 per week for 25 weeks. (c) The conditions the Lessor must fulfill in order to have the escrow fund returned upon termination of the Lease are: (i) Return of all non-transferable and transferable fuel permits for the leased equipment; (ii) Return to Lessee of all signs, placards, equipment devices, permits, decals, plates, satellite communications, equipment including components necessary for its operation, authority packets, and other documents and property belonging to Lessee; and At the time of the execution of such release. and the termination of this Lease, Lessee may deduct from the escrow fund monies for those obligations incurred by the Lessor which have been previously specified in this Lease, and shall provide a final accounting to the Lessor of all such fInal deductions made to the escrow fund. Lessee agrees that in no event shall the escrow be returned no later than forty-five (45) days from the date of termination of this Lease. After final settlement has been made, any charges which may arise or become due which are the responsibility of the Lessor under this Lease will become this liability of the Lessor. 22. SAVINGS AND SEPARABILITY CLAUSE: Should any provision of this Lease be rendered or declared invalid by reason of an existing or subsequently enacted legislation or by reason of any decree of a court of competent jurisdiction, such invalidation of such portion or portions shall remain in full force and effect. 23. EFFECTIVE DATE AND HOURS: In Witness \Vhereof, USF Glen Moore, Inc. and Lessor have read and understood the terms and conditions contained herein and hereby sign this Lease th 1ST day of JULY, 2000 at 0800 HOURS which date and hour shall be the EFFECTIVE DATE AND HOUR of this Lease (and ~hich shall coincide with the giving ofUSF Glen Moore, Inc.'s Equipment Receipts). "'i( - ,. ..... , ~ ~ ~~~ - "I, "I '. : L ~ '~~__hA,~<,b:j1"">_,,li_ , USF GLEN MOORE, INC. POST OFFICE BOX 760 LESSOR'S NAME: DON S. TAYLOR ADDRESS: 437 MEADOW LANE CARLISLE, PENNSYLVANIA 17013 SHERMANSDALE, PA 17090 TELEPHONE# (717) 582-4572 ii~ ,~ ~ ~-~'-~.....L.- . . ~.w.,~,""~t.,- , APPENDIX A COMPENSATION UNIT #: 9292 OWNER: DON S. TAYLOR $.80 Per Mile For All Miles Traveled Under Dispatch Based On USF Glen Moore Inc.'s most current version of PC MILER in its' possession. $20.00 Per stop after the first stop off under the same load # Driver will be compensated for hand loading or unloading at the rate that is received and approved by either the shipper or consiguee, and dispatch. [" -:....--._cL.--.. - ~.~~ ~- ~ " , " "-~ '''"~_''Il\lll!'l~"~~,,.\''J APPENDIX"B" USF GLEN MOORE, INC. INDEPENDENT CONTRACT OPERATING AGREEMENT WEEKLY SCHEDULE FOR DEDUCTIONS Unit#: Owner/Operator Name: Address: Phone #: VIN#: Cell Phone/Beeper #: Year: Social Security #: Make: Model: Federal ID #: *Contractor, please initial to authorize weekly deductions. Initial Type of Deduction Lease Payment Tags Permits Satellite Security Deposit Fuel Card Fuel Taxes Physical Damage Bobtail Liability Occupational Accident Reserve for Repairs Heavy Vehicle Usage Tax Dental Insurance - Employee Only Dental Insurance - Family Health Insurance - Employee Only Health Insurance - Employee/Child Health Insurance - Employee/Spouse Health Insurance - Family I hereby agree to the above deductions. Signed: Date: Amount $ Weekly $ Divided by 52 Weeks $402.00 divided by 52 Weeks $400.00 ($25.00/wk until $400.00 is paid) Varies Weekly $25.00/Week 3.1 % of Value of Unit $8.00/Week $29.50/Week $lOO.OO/Week for 25 Weeks $550.00 Divided by 52 Weeks $4.00/Week $11.00/Week $37.69/Week $67.84/Week $ 82.91/Week $107.04/Week -"" -- iI,.",- I, .~ ~~-~ =-L~ "'j~"'\il;lof,"]4i " , APPENDIX "C" LESSOR'S RIGHT TO EXCLUSIVE USE O-D UNIT# 9292 OWNER: DON S. TAYLOR ADDRESS: 437 MEADOW LANE SBERMANDALE, PAl 7090 PHONE#: (717) 582-4572 FEDID#: DATE OF BIRTH: 02-27-56 SOC.SEC#: 196-44-1767 EQUIPMENT INFORMATION: YEAR: 2000 MAKE: FREIGHTLINER VIN#: 1 F U pes Z B 1 Y L B 8 64 9 6 GROSS WEIGHT: 80,000 UNLADEN WEIGHT: 18,000 TAG#: STATE: PENNSYLVA1'l1A 'i?' ."..~~~,.~'". ~. ~ ,1__. "_ ..........~~~~ = I " - '"" ~"~ '. , , I Edward D. Voegele and Donald S. Taylor have an agreement of a lease purchase 2000 Freightliner Classic. Vin # IFUPCS7BIYLB86496 As of July 1,2000. As of July I, 2000 Donald S. Taylor assumes all responsibility. ~ SJ~~ Ed ard D. Voe ele ~k ~ }/ // ,V r// " I ."eo".. . /_'UH Donald'S. Taylor ". i ~ - ~ ,~ 'I~~ ' ,.b,~~''''''",_'''A"'._,h ,'>;,__,._.,_,_,,,,_ _, -I, _ _ _ ,: ,_ _' ,_- ,- , (~~'mniliJJli'!~iu~~~@~~,)!"ut",,-l;i';fMdl.l-,~~~~!@(('k'~"-~~;i~"""";'"li'r~,-,~'-.'~"m_T':k,,", lfliIil <.< Jid ,~.-- 1~ ........ ........ \;.\ r- ~ ---.J '0/' ',~ ""~,'"~_""_'_""''"'''""'~t",~."",<,^',,,_,", _,,, ,,,,_,_ ,',~~ -- 9--> .....j If' ~ ~ & I ~ t '-..C. ~ ~& 8 ~ , V t ^'~- "-",^-, () <;,; fJ4 ,(~ ~- -,. ,.e- el _-j -. -<- c= i~ ~~~ 4"':'-i ---' , (,;;) ~ .' o ;::'-'" ., I '-D L~:-J ,~;j :S '"" ',' o "q "". '.t, ."."""""'~--- - ,L "I 0'..... ~ '".....~~ '--.ti-~lIiii."I",!""'I,~,,,~'if"'.~i-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD TAYLOR, Plaintiff No: 01-6383 v. CNIL ACTION - LAW EDWARD VOEGELE, Defendant ACCEPTANCE OF SERVICE I, Michael J. Hanft, Esquire, attorney for the Defendant, hereby agree on behalf of my client to accept service of Complaint filed on November 9, 2001 in the above-referenced matter and I hereby further certifY that I am authorized to do so. LAW OFFICE OF MICHAEL J. HANFT ~117 Mich{ael 1. Hanft, Esquire Attorney J.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Attorney for Defendant Date: November 12, 2001 F:\User Folder\Finn Docs\Gendocs2001\1277-3.accept.serv.wpd ",] :~'~\d'i,\";{j:~trt~i!~t~md~~~"-~-Mi~f~lli;~":",\-,,,-,~~,,-,t,-h1\.l,,!U,;n'!";'k.""..i."~!Jd~~~_lilllii~IiIlI~~tlIle looMI""" '".......- "" ~ . u~ -~~. "-~ " -....~ ,-,- dj;";' '" -.. cg ~ f~i~_ :~ C) C'- ;)! , -;1 ~~:) (,,,) :.) "'~! 't,'7c) ~ --~~....~.....'~ -.~~.- ~~J~ .' .",'.~"'">""""~ _.~"~ '" raI........................'.~<m>. ,~.~~~- - ~ ......-- I l ~1lif' :"".......~,,-"""'""~,"IO'L""'"i SHERIFF'S RETURN - REGULAR CASE NO: 2001-06383 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR DONALD VS VOEGELE EDWARD ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon USF GLEN MOORE INC the DEFENDANT , at 1345:00 HOURS, on the 9th day of November, 2001 at 1711 SHEARER DRIVE a true and attested copy of COMPLAINT & NOTICE together with CARLISLE, PA 17013 by handing to ARTHUR CARIGNAN VICE PRESIDENT OF OPERATIONS and at the s~me time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 .00 31. 25 ~fl6~:H'/~~ R. Thomas Kline 11/13/2001 ROBINSON & Sworn and Subscribed to before By: me this .2'- 'if day of ~ .21>01 A.D. ~ Q. 'n,.,p4.,~ ~~ Prothonotary I ~~ .~{:~"'~ "il:~~~'-;~iW~il8j~~R@.'t-l\h"",';'foW-&o:.;;:/~:Uit.'4ili~~~~~~~"""" \' .-,,><,-" r'-~~ .,~.L.,]!. [ll! 11 ~ II II III 1I111.LlIL.,L.. ,.,".,l"""~.l,.,,,.,. .". " 1:;;;U.~lJ:lJ!!~r.~'~ /0 ~5 ~,~'~~.~ - ,. .,~,;- >i'~ ~~.' , ".~"~ -1."- """""",. k- i'lb~"'" ~I r-.....-"'--_. -'~~~,oJ.""""!"",,,:-~ ,; r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN1A DONALD TAYLOR, Plaintiff CNIL ACTION - LAW v. EDWARD VOEGELE and USF GLEN MOORE, INC., No. 01-6383 CNIL TERM Defendants NOTICE TO PLEAD TO: DONALD TAYLOR and his attorney, ANDREW H. SHAW, ESQUIRE You are hereby notified to plead to the attached Preliminary Objections within twenty (20) days from service hereof or a default judgment may be entered against you. LAW OFFICE OF MICHAEL J. HANFT Date: November 29,2001 i ael 1. Hanft, quire A.ttorney LD. No. 57976 Lindsay D. Gingrich, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorney for Defendant, Edward Voegele '~ .Ii -~ ~.....~"" ~~ . " -"=- --..... J. . ",,0 - '-'0''1;;1_'" ~~ ~"~"H,_~"",-"",""",~""."i."_";' T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD TAYLOR, Plaintiff CIVIL ACTION - LAW v. EDWARD VOEGELE and USF GLEN MOORE, INC., No. 01-6383 CIVIL TERM Defendants PRELIMINARY OBJECTIONS OF DEFENDANT EDWARD VOEGELE TO PLAINTIFF'S COMPLAINT AND NOW, this 29th day of November, 2001, comes the Defendant, Edward Voegele (hereinafter "Defendant Voegele"), by and through his attorneys, the Law Office of Michael J. Hanft, and files the following Preliminary Objections to Plaintiffs Complaint, and in support hereof, avers as follows: PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER 1. On or about November 9, 2001, Plaintiff Donald Taylor (hereinafter "Plaintiff'), filed a Complaint in the above-referenced action. A copy of Plaintiffs Complaint is attached hereto as Exhibit "A". 2. Paragraphs 5 and 6 of Plaintiffs Complaint allege that a written "Contract" was entered into between Plaintiff and Defendant Voegele relating to the lease-purchase of a "year 2000 model Freightliner Classic motor vehicle." 3. A copy ofthe alleged "Contract" is attached to Plaintiffs Complaint as Exhibit "A". . ~ . " ~ ~.....~,~,_. _. "~Q~~ ~. ^ . ~ .~ I b.. _" L. ,- -I', -t,~~~;-1:: 4. The alleged "Contract," attached to Plaintiffs Complaint as Exhibit "A," merely memorializes that the parties had "an agreement of a lease purchase 2000 Freightliner Classic. Vin # IFUPCS7BIYLB86496;" however, the alleged "Contract" fails to state the terms or amounts for repayment, nor does it state a sale price. 5. Plaintiff s Complaint fails to state a cause of action because as a matter of law, the document which Plaintiff refers to as the "Contract" is legally insufficient and Plaintiff failed to either produce a written Contract or enumerate the terms of an oral contract. WHEREFORE, Defendant, Edward Voegele, respectfully requests that Plaintiff s Complaint be stricken because the document that Plaintiff alleged was a "Contract" is not legally sufficient to be a contract. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER 6. Paragraphs I through 5 above are incorporated by reference as if fully set forth herein. 7. Paragraph 7 of Plaintiff s Complaint states that Plaintiff "substantially performed under the terms of the Contract by making the agreed-upon monthly payments for the motor vehicle. " 8. There are no terms enumerated in the document attached to Plaintiffs Complaint as Exhibit "A," and which Plaintiff has labeled "Contract." 9. Plaintiff s Complaint fails to state a cause of action against Defendant Voegele because Plaintiff has failed to enumerate any agreement between himself and Defendant Voegele, and Plaintiff has failed to produce the terms of any contract between Plaintiff and Defendant Voegele. '''[ I ~ _~.~ ~~~ ~ ..~ ~ ~~"_,",I ~-~~. ' ~~ l~ hjL-"'~_~""""'~,''''''~&',",,"';;'iIY;' . WHEREFORE, Defendant Edward Voegele respectfully requests that Plaintiff s Complaint be stricken because Plaintiff has enumerated none of the alleged agreed-to terms under the contract. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC COMPLAINT 10. Paragraphs 1 through 9 above are incorporated by reference as if fully set forth herein. 11. Paragraphs 5 and 6 of Plaintiff s Complaint allege that Plaintiff and Defendant Voegele entered into a written contract for the lease purchase of a "year 2000 model Freightliner Classic motor vehicle." 12. The document attached to Plaintiff s Complaint, which Plaintiff refers to as a "Contract," is legally and factually insufficient to form a contract. 13. Paragraph 7 of Plaintiff s Complaint alleges that Plaintiff "substantially performed under the terms of the Contract by making the agreed-upon monthly payments for the Motor Vehicle." 14. Plaintifffai1ed to indicate what the terms ofthe alleged contract were and/or how Plaintiff allegedly "substantially performed" under these so-called "terms". 15. Paragraphs 5 through 7 of Plaintiff s Complaint fail to set forth the material facts on which Plaintiffs cause of action is based, which is in contravention to Pa. R.C.P. 1019(a). WHEREFORE, Defendant Edward Voegele moves this Honorable Court to strike Plaintiffs Complaint or, in the alternative, order Plaintiff to file a more specific complaint. ~q " " --, ~~~~ ~ --~ ~~ . ~, o,,~ -,'^ o'~~~~; , PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER 16. Paragraphs 1 through 15 above are incorporated by reference as if fully set forth herein. 17. Paragraph 12 of Plaintiffs Complaint states that Defendant Voegele "knowingly and willingly invaded and interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of promoting Voegele's own financial interest by stating to Glen Moore that Plaintiff no longer had rightful possession of the Motor Vehicle". 18. Plaintiff has failed to offer any specific allegations that he had title to or "rightful possession of' the vehicle. 19. Plaintiff has failed to allege any action by Defendant Voegele to support his claim that Defendant Voegele "knowingly and willingly invaded and interfered with the contractual relationship of Plaintiff and Glen Moore." 20. Plaintiff failed to state a claim upon which relief could be granted because Defendant Voegele was and has, at all relevant times hereto remained, the rightful owner of the Motor Vehicle and therefore, Defendant Voegele did not wrongfully interfere in Plaintiff s contract with Glen Moore. WHEREFORE, Defendant Voegele moves this Honorable Court to strike Count I of Plaintiffs Complaint dealing with Defendant Voegele's alleged "intentional interference" with Plaintiff and Defendant Glen Moore's contract. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER 21. Paragraphs 1 through 20 above are incorporated by reference as if fully set forth herein. =OJ "-'- ' " "~ -'--.,.... ~--' ,- ^~-.,~ 1"~~:#.:Jk 22. Paragraphs 15 through 23 of Plaintiffs Complaint claim that Defendant Voegele breached the "Contract" with Plaintiff by taking possession of the vehicle. 23. Plaintiff has not offered any specific allegations of the terms of any "Contract" Plaintiff may have had with Defendant Voegele. 24. Plaintiff has not offered evidence to prove that he had "rightful and legal possession" of the vehicle. 25. Plaintiff failed to state a claim upon which relief could be granted because Plaintiff has not alleged any terms of any "Contract" he may have had with Defendant Voegele, nor has he proved that Defendant Voegele, the legal owner and record title-holder of the vehicle, breached this alleged "Contract" by taking possession of the vehicle. WHEREFORE, Defendant Voegele moves this Honorable Court to strike Count II of Plaintiffs Complaint, dealing with Defendant Voegele's alleged breach of the alleged "Contract" between Defendant Voegele and Plaintiff. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC COMPLAINT 26. Paragraphs I through 25 above are incorporated by reference as if fully set forth herein. 27. Paragraph 16 of Plaintiffs Complaint states that "Plaintiff has claimed rightful and legal possession of the Motor Vehicle." 28. Plaintiff fails to allege how he obtained or claims to have obtained "rightful and legal possession of the Motor Vehicle" when Defendant is, and at all times relevant hereto has been, the record title-holder of the vehicle. ~ ~" "~ .......... I >,~ '~---.- - .~ J. ".' .~ '~~ ,~,,~ ~ ~.'",""",,,,,,,,'_w..1-j;'! 29. Paragraph 17 through 23 of Plaintiff s Complaint allege that Defendant Voegele breached the "Contract" between Plaintiff and Defendant Voegele. 30. Plaintiff failed to allege the terms of any "Contract" between Plaintiff and Defendant Voegele, nor has Plaintiff stated how Defendant Voegele allegedly breached any "Contract. " WHEREFORE, Defendant Voegele moves this Honorable Court to dismiss Plaintiff s Complaint or, in the alternative, order the Plaintiffto file a more specific Complaint. PRELIMINARY OBJECTION FOR INCLUSION OF SCANDALOUS OR IMPERTINENT MATTER 31. Paragraphs 1 through 30 above are incorporated by reference as if fully set forth herein. 32. In his prayers for relief in Counts I and II of his Complaint, Plaintiff requests attorney's fees. 33. Plaintiff has failed to state a basis for this Honorable Court to award attorney's fees. WHEREFORE, Defendant Voegele requests that this Honorable Court dismiss Plaintiff s prayer for relief in the form of attorney's fees. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A MORE SPECIFIC COMPLAINT 34. Paragraphs 1 through 33 above are incorporated by reference as if fully set forth herein. 35. In his prayers for relief in Counts I and II of his Complaint, Plaintiff requests "other reasonable costs." ,""" .c;= ~~.~ ~ L", '~"""""liilIlIalI " "..1. .' m .in-_~_-.ro~~""""}:""'"~"~""<"'Wicil,'.J.. 36. Plaintiff fails to enumerate with any specificity what is being claimed by "other reasonable costs." WHEREFORE, Defendant Voegele requests this Honorable Court strike "other reasonable costs" from Plaintiffs prayers for relief. Respectfully Submitted, LAW OFFICE OF MICHAEL J. HANFT Mi ael J. Hanft, Esquir Attorney J.D. No. 57976 Lindsay D. Gingrich, Esquire 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defendant Edward Voegele I' - ............~~ ,= ~- ,~~""~ ~ "l>I<lIl!IlIill:aII-';~- ~ ~ ~- ~,-."~ ~'I..ii..i.w ~l . ,~~~.>~--' " ~ ,L._~,~,.~"~"~, _~__'~_""""",.". ."__...,,,_~",,,,j.. CERTIFICATE OF SERVICE AND NOW, this 29th day of November, 2001, I, Michael J. Hanft, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Preliminary Objections, by depositing same in United States Mail, First Class, Postage Prepaid, addressed as follows: Andrew H. Shaw, Esquire ROBINSON & GERALDO, P.e. P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 LAW OFFICE OF MICHAEL J. HANFT By: , I)1ftr Michael J. Hanft, Esqllre Attorney LD. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defendant Edward Voegele F: \User Folder\Firm Docs\GendoCS'2001 \1277-3,po's,wpd IJIIlIL i:<,;';llIiIiIlII~ ., -~~ " J.~"~~- "~~_ I," ~" .J. .1 :&,. ~. ~",'~""",~,,'!;;"dh~H,,,.i. I" " " .. '. DONALD TAYLOR, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01- WRl C,xl ~ CIVIL ACTION - LAW : EDWARD VOEGELE and USF GLEN MOORE, INC., Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9 I 08 TRUE COpy FROM RECORD In T tlStInlORY WIl8l'8OI, I heft unto ll8t my l\an(l andthedJ1 of sald CClUrt III Car\IIMl. Pi. '- T~~~~~(~ on013tV Ii II -:- ...~"'-~ .~ lo~""'''--'''''''''''' " _II!Ii>oli rJ.... .~. ~,I~,~ O"~.~~""H,.",_--",:..",..:...~~",~,,,~~.;::?~;h,>_;..&"-"'"',:,,>{, I. ,. DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMONPLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his Attorneys, Robinson & Geraldo, and files this COMPLAINT, and in support thereof states as follows: 1. The Plaintiff is an adult individual residing at 437 Meadow Lane, Shermans Dale, Peny County, Pennsylvania. 2. Defendant Edward Voegele (hereinafter "Voegele") is an adult individual residing at 737 County Road 308, Cullman, Alabama 35057. 3. Defendant USF Glen Moore, Inc. (hereinafter "Glen Moore") is a Pennsylvania corporation with a principal place of business located at 1711 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. 4. Voegele has a mailing address in Pennsylvania of950 Walnut Bottom Road, Suite 203, Carlisle, Cumberland County, Pennsylvania. 5. On or about July I, 2000 Plaintiff and Voegele entered into a written contract (hereinafter "Contract"), termed a lease purchase agreement, for the purchase of a year 2000 model Freightliner Classic motor vehicle (hereinafter "Motor Vehicle") (a copy of which is i' attached hereto as "Exhibit A" and is incorporated by reference). ! I. ~< ""~~~'lklll ~-_. '-~~~i7 I":',,. I", ,1_" ..r 'r.-'''';~~ . . " 6. The Contract was executed in Cumberland County. 7. Plaintiff has substantially perfonned under the tenns of the Contract by making the agreed-upon monthly payments for the Motor Vehicle. 8. On or about July I, 2000, Plaintiff and Glen Moore (hereinafter "Glen Moore") entered into a lease agreement (hereinafter "Lease") providing for compensation for use of Plaintiff's Motor Vehicle (a copy of which is attached hereto as "Exhibit B" and is incorporated by reference). Count I - Intentional Interference With Contract 9. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs I - 8 as if fully set forth herein. 10. Voegele is not a party to the Lease between Plaintiff and Glen Moore. II. Plaintiff generates approximately Five Thousand and DOll 00 ($5,000) Dollars per week in gross income from the lease with Glen Moore. 12. On or about September 7, 2001, Voegele knowingly and willfully invaded and interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of promoting Voegele's own financial interest by stating to Glen Moore that Plaintiff no longer had rightful possession of the Motor Vehicle. 13. Upon notice from Voegele, Glen Moore immediately terminated the Lease. 14. Plaintiff has since been unable to use his Motor Vehicle in accordance with the tenns of the Lease. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Edward Voegele, for both compensatory and punitive damages, an ~ ~ ~ ~'..t-_J .~. ~-~ ~ ~ ~1'lIIIiIrlcl.l , ~~ .~' ""ll!:I.,to:00:ihi-:do . ',In"'" . . amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs. Count II - Breach of Contract 15. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs I - 14 as if fully set forth herein. 16. At all times relevant to this matter, Plaintiff has claimed rightful and legal possession of the Motor Vehicle. 17. On or about September 9, 2001, Plaintiff spoke with Voegele regarding a dispute over the Contract, where Voegele requested possession of the Motor Vehicle due to Plaintiff breaching the Contract. 18. During the conversation on September 9, 2001, Plaintiff refused to return possession of the Motor Vehicle to Voegele, claiming that Plaintiff continued to have legal possession of the Motor Vehicle because he had not breached the Contract. 19. Plaintiff continued to keep the Motor Vehicle on his premises and did not hold the premises open to Voegele. 20. On or about October 4, 2001, Plaintiff returned to his residence and discovered that the Motor Vehicle was missing. 21. The Motor Vehicle is now in Voegele's possession. 22. Voegele refuses to return possession of the Motor Vehicle to Plaintiff. 23. As a result of Voegele's actions on both September 7, 2001 and October 4, 2001, Plaintiff has been unable to commercially use the Motor Vehicle because the Motor Vehicle was taken from his possession. II i; II <~""" ~--'.."""'*-~-~~""""""' ~'-""" ~.~ -...... - ~ """'""". I ' "~I" '_~_l>,'M;r. "'.. "~,.",.:,'L',J"'-.. _" . . WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Edward Voegele in an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs. In the alternative, Plaintiff requests this Honorable Court to enter judgment in favor of the Plaintiff through specific perfonnance by requiring Voegele to return possession of the Motor Vehicle to Plaintiff. Count III-Breach of Contract 24. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs I - 23 as if fully set forth herein. 25. At all times relevant to these proceedings, Plaintiff has had a rightful and legal interest in the possession of the Motor Vehicle. 26. At all times relevant to these proceedings, Plaintiff has substantially complied with and fulfilled the terms of the Lease. 27. Glen Moore's actions on September 7,2001, as stated above, violated the tenns of the Lease because Plaintiff had full and complete legal right and authority to the Motor Vehicle. 28. Before tenninating the Lease, Glen Moore never made a good faith effort to detennine whether Plaintiff still retained rightful possession of the Motor Vehicle. 29. Upon terminating the Lease, Glen Moore forwarded the payment for the week ending September 8, 2001 to Voegele, which Plaintiff was entitled to receive under the existing Lease. 30. As a further result of Glen Moore's actions, Plaintiff has been unable to operate his Motor Vehicle in accordance with the terms of the Lease, since the date of September 7,2001 to the present. Ii II 'I~ -:"'':'.-1' ':":"'~~ " ,'~, " ^~ ,~~ ., L" ~ -I . , .,~.',--,,'.,'_.. ,',,'. -,':.,;. "''':'~''_.'.' u,"...''''.'''''' ; '~",~,': . . WHEREFORE, Plaintiff respectfulIy requests this Honorable Court to enter judgment in favor of Plaintiff and against Glen Moore in an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs. RespectfulIy submitted: ROBINSON & GERALDO Date:lJo/~e( ~~I By: d~~J:f LM) Andrew H. Shaw, Esquire ROBINSON & GERALDO Attorney I.D. No. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff "=._'~P'" il I " Ii .,~,..,~.~_1'f! .L '..,...... ,~. , ,'_,0_', ~,... ' . ".-:.. ~~~ . . VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~F ......""", "'~ 0" "'" _.~~ ~~" ~ ~" """' n~ m~ _I _~'"', ,"In . , lt~~iiIl~;~,d DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that on the 9th day of November, 2001, I caused a true and correct copy of the COMPLAINT to be served upon the following individual by first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania. Michael J. Hanft, Esq. Attorney for Edward Voegele 19 Brookwood Avenue Suite 106 CarIiIse, PAl 70 13-9142 By: iU~rf .tAJ Andrew H. Shaw, Esquire ROBINSON & GERALDO ATIORNEY I.D. NO. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, PAl 7 I IO (717) 232-8525 Attorney for Plaintiff ~ . ~- . _J~~~~l... ~ "~~ Q~"" " 4liilIIIIIiiillllllliililll" L. L '. ...'.'.... ".....,;"-".'._:,,"',,';'" .fi _""-"",",,",,,-,,,,,",,,,,,,,,0;./,, I Edward D. Voegele and Donald S. Taylor have an agreement of a lease purchase 2000 FreightIiner Classic. Vin # IFUPCS7BIYLB86496 As of July 1,2000. As of July I, 2000 Donald S, Taylor assumes all responsibility. S. Taylor EXHIBIT .l! " " B A ~~'"'~=- . . ~~~ ~~ ~""'" ~.-.~.. , ~~-"~~" -"" I. , ~- ~''''flW' ,<. "'"~''''''''''''''''f''''"f.,,''''' .' USF GLEN MOORE, INC. OWNER/OPERATOR EQUIPMENT LEASE AGREEMENT LEASE# 9292 USF Glen Moore, Inc., of Carlisle, Pellllsylvania, a motor carrier holding operating authority in ICC DOCKET NO. MC-192952 (hereafter "USF Glen Moore, Inc." or "Lessee") and DON S. TAYLOR of the motor vehicle equipment described below and leased herein (hereafter "Lessor") hereby enter into and agree to be bound by the Equipment Lease Agreement (hereafter "Lease") in accordance with the rules and regulations of the Interstate Commerce Commission (ICC). I. PARTIES: The parties to this lease are the parties indicated above and any of their agents, employees, contractors, drivers, or successors-in-interest. Where appli~able, the terms used herein shall have the meaning ascribed by the ICC in 49 C.F.R. 1057.2. The parties agree that any of their agents or other representatives to whom this Lease is entrusted are hereby duly authorized to sigu and perform this Lease on behalf of their respective parties. 2. COPIES: This lease shall be sigued and executed in at lease three (3) copies, each of which shall be considered an original. One execnted copy (known as the lessee- carrier's copy) shall be retained by USF Glen Moore, Inc. One executed copy (known as the Lessor's copy) shall be retained by Lessor. One executed copy (known as the equipment copy) shall be carried on the leased equipment during the period of this lease, unless a cenification statement is carried on the equipment instead, pursuant to 49 C.F.R. 1057.11 (c)(2). 3. EQUIPMENT TO BE LEASED: For and in consideration of the agreed rental and the covenants, terms and conditions set fonh herein, Lessor hereby leased to USF Glen Moore, Inc., and USF Glen Moore, Inc. hereby rents, hires and lets from Lessor the motor vehicle equipment described in Appendix C. Lessor warrants to USF Glen Moore, Inc., that the equipment described in Appendix C is not suhject to any existing lease, that Lessor is the "owner" of the equipment within the meaning of 49 C.F.R. 1057.2 (d), and that Lessor has full and complete legal right and authority to lease such equipment pursuant to the terms of this lease. 4. QUALIF ACA TION OF LESSOR: In order to be qualified to perform the required services pursuant to this Lease, Lessor shall maintain and provide Lessee, upon request, with adequate proof of the following (a) Ownership and title of the equipment described in Appendix C, or Lessor's right to exclusive use of such equipment for a period longer than 30 days. (h) State certification and commercial driver's license authorizing Lessor or his driver to operate and use the equipment described in Appendix C. Insurance in the type amount specified in this Lease; and Financial statements and/or other related documents establishing Lessor's financial responsibility and ability to conduct his business; Results of drug and alcohol tests for each driver and operator of the equipment leased hereunder, given pursuant to Section 10 (c) of this Lease, indicating negative results of such test. Any (c) (d) EXHIBIT i !il B ...-..- -. .,--.j, ~ _........j"1 - L. ~ k -' ."1 -~ ~ ....... " operator for whom such drug and alcohol test produces a positive finding, shall not be qualified to operate the leased equipment, and the services of such driver or operator will not be accepted by USF Glen Moore, Inc. 5. RECEIPTS AND RECORDS: Upon taking possession of the equipment, USF Glen Moore, Inc. shall furnish Lessor with a receipt for such possession stating the date and time of day when possession of the equipmen~ is taken by US~ GI.en Moore, Inc., and identifying the equipment to be leased. The receipt may be transnutted of commumcabon. When USF Glen Moore, Inc. surrenders possession of the equipment to Lessor upon termination of this Lease, Lessor shall furnish a similar receipt to USF Glen Moore, Inc., identifying the equipment and the date and time of day when possession thereof was returned to Lessor. This receipt may be transmitted to USF Glen Moore, Inc.by mail, telegraph, or other similar means of communication. USF Glen Moore, Inc. shall maintain those records regarding the leased equipment required by 49 C.F.R. 1057.11 (d). 6. IDENTIFICATION OF EQUIPMENT: (a) During the period of this lease, the leased equipment shall be marked to identify USF Glen Moore, Inc. as the operating carrier in accordance with 49 C.F.R. 1057.11 (C) and 1058. USF Glen Moore, Inc. agrees to furnish such identification for equipment to Lessor, and Lessor agrees to display such identification thereon in the manner required by all applicable laws and regulations. (h) When the equipment is not in actual and authorized use for USF Glen Moore, Inc., Lessor agrees to remove from the leased equipment, all signs, placards, and identification devices displaying USF Glen Moore, Inc. name and ICC docket number. Moreover, upon termination of the Lease, Lessor shall also return to USF Glen Moore, Inc., all other property (such as, but not limited to, permits and authority packets) furnished by USF Glen Moore, Inc. to Lessor. Such identification devices and other property of the Lease at Lessors expense by first-class mail, postage prepaid. As provided in Section 12 (c), and hereof, the return"of all identification devices is a condition precedent to fmal payment to Lessor and to the return of the escrow fund. 7. DURATION OF LEASE AGREEMENT: (a) This Lease shall commence on the "effective date and hour" specified in the fmal paragraph hereof, and shall continue in effect until termination in the manner described below. (b) After this Lease has been in effect for 30 days, it may be terminated by either party on ten (10) days' notice, by mailing or delivering to the other party two copies of a written notice of termination (except that USF Glen Moore, Inc., may terminate this Lease sooner for breach, as described below). Termination shall be effective either upon the 11 th day after receipt of the termination notice, or at such later date as may be specified in the notice, or at such later date as may be specifieel in the notice. The party receiving notice of termination shall receipt the copy of such notice and return such receipted copy to the other party. (c) Any use of the equipment outside the scope of this Lease by Lessor. is a specifically desiguated breach which automatically terminates this Lease and ends responsibility for the leased equipment, unless otherwise agreed in writing by USF Glen Moore, Inc. (d) The lessee may terminate this Lease innnediately by oral communication (followed by written confirmation within 30 days) for any of the following reasons, each of which constitutes a breach of this Lease: (I) Lessor's failure to furnish the equipment described in Appendix C or keep such equipment in good operating condition in accordance with all appropriate safety requirements, including those of the U.S. Department of Transportation (DOT); (2) Lessor's failure to make available at all times a competent driver, properly qualified under DOT, state and other safety regulations; (3) Lessor's failure to comply with reasonable requests by ~S~ Glen. Moore, Inc. for adjustment of equipment necessary to render useful or effective semce, mcludmg furnishing necessary supplemental equipment; (4) the loss, damage. destruction, or theft ofa '-" j~'1~iH:M1k'1' ~ ...... "-~~-" ...."~~-... jU~~J.. . :1,,~,M~lL~';," 1-- t~.. ~"T ~l J....".J,;"'l.""~"';;:,}."""",J .. trailer being operated by, or in the possession of Lessor; and (5) violation of any covenant or other provision of this Lease. 8. PURPOSE AND OPERATIONS; <a) It is understood that, during the term of this Lease, USF Glen Moore, Inc. shall have exclusive possession, control and use of the leased equipment, and that USF Glen Moore, Inc. assumes complete responsibility for its operation during such term, to the extent required by 49 C.F.R. 1057.12 (c). (b) Lessor agrees to follow the instructions ofUSF Glen Moore, Inc., regarding the use of the leased equipment during the term of this Lease, and to indemnify USF Glen Moore, Inc., against any liability resulting from the use of the equipment leased herein, as more fully described in Section 15 below. (c) The performance of this Lease shall be in accordance with all laws, regulations anel requirements of the ICC, DOT and all other appropriate public bodies (hereinafter collectively referred to "governmental regulations"). Lessor shall comply and shall cause its driver to comply with all governmental regulations, and Lessor agrees to indemnify USF Glen Moore, Inc. against and to hold USF Glen Moore, Inc., harmless for any violations of such regulations. (d) Lessor shall report all accidents, claims, losses, danlages, shortages, over-weights, or overages to USF Glen Moore, Inc. immediately, and shall provide USF Glen Moore, Inc. with all written reports affida\.its, or other assistance as may be necessary to investigate, settle or adjudicate such matters. (e) Lessor agrees to operate the equipment form origin to destination over Lessor's choice oflegal routeS. Lessor expressly agrees to make timely and safe deliveries of all loads, and also agrees to notify USF Glen Moore, Inc. when delivery has been made or when delivery will be delayed for any reason. Should Lessor for any reason fail to complete delivery of a load accepted, USF Glen Moore, Inc. may arrange for completion of such delivery at Lessor's expense, and completion of the trip involved in order to reduce or limit USF Glen Moore, Inc's. liability. Lessor hereby waives any recourse against USF Glen Moore, Inc. in such action and agrees to reimburse USF Glen Moore, Inc. for any cost and expense arising out of completion of such trip and to pay USF Glen Moore, Inc. any damages for which USF Glen Moore, Inc. may be liable to the shipper or others arising out of Lessor's failure to complete the trip. 9. ASSIGNMENT AND SUBLEASING: Neither party may assigu this Lease. However, during the term of this Lease, USF Glen Moore, Inc. shall have the right to sublease the equipment as ifit were the owner of such equipment, and USF Glen Moore, Inc. shall be relieved of exclusive possession, responsibility and control over the leased equipment during the period of any such sublease. 10. COST OF OPERATION: (a) Lessor agrees to deliver to USF Glen Moore, Inc., the lease equipment in good nnming order and condition, and to maintain the equipment, at Lessor's own expense, in good working condition, furnishing all necessary items (such as oil, fuel, tires, parts, supplies, and repairs for the operation of said equipment. Lessor further agrees to keep the equipment clean and to comply at its own expense with all safety and other requirements mandated by any pertinent governmental regulations. Lessor shall, at its own expense, immediately make such mechanical correction or other adjustments and repairs as are necessary for the equipment's proper operations. USF Glen Moore, Inc. has the right to inspect the equipment at any time. (h) Lessor shall be responsible to pay for all other costs of operation of the equipment which are not specifically required herein to be paid by USF Glen Moore, Inc. Such operational costs to be borne by Lessor include, without limitation: fuel and fuel taxes; weight tickets; tolls; fines; base " ...... - I-""'""""".............~........ ~~ ~ . ~ "" ~ " }~~,<: ). ., pla!es and licenses; d~tention and accessorial services; any unused portions of the foregoing items; mamte~e and repaIr ~osts; wages and remuneration of operators, drivers and helpers, including, but not 11I~ted to, overtime and bonus.es; pe~nal injury and property damage insurance relating to the equlJlment as further descnbed m Section 14 below; workers' compensation premiums, unemployment insurance, social security payments or other similar insurance; taxes or benefits relating to the operators, drivers and helpers; axle, weight and other taxes, fees, charges, assessments or exactions relating to the equipment, including mileage and highway taxes and all reports connected with such matters; liability for property damage and personal injury exceeding the scope of insurance coverage; and, except as otherwise provided in this section 10 (b), all fines and penalties arising out of the use of such equipment. Except when the violation results from the acts or omissions of Lessor, USF Glen Moore, Inc. shall assume the risks and cost of fines for overweight and oversize trailers when the trailers are preloaded, sealed, or the load is containerized, or when the trailer or lading is otherwise outside of Lessor's control, and for improperly permitted over-e1imension and overweight loads and shall reimburse Lessor for any fmes paid by Lessor. Lessor should weigh equipment at nearest set of scales to be sure that axle and gross weights meet prescribed weights by local, stale and federal regulations, or be authoriied by a USF Glen Moore, Inc. dispatcher to continue to continue trip. (c) Lessor shall furnish, at its own expense, the drivers anel other personnel necessary to operate the equipment leased herein. Such drivers and other personnel shall be exclusively the employees of lessor, shall be at lease 21 years of age, have proper operators' licenses, and shall be in compliance with all Federal and State regulatory requirements pertaining to physical examinations and drivers test. Lessor further agrees to keep records of and pay all taxes, payroll deductions and insurance prentiums relating to such drivers and personnel (including, but notlintited to, all social security taxes, sickness and accident taxes, insurance premiums, and other payroll withholding and similar deductions or taxes). Subject to USF Glen Moore, Inc.'s obligations under pertinent governmental regulations, all drivers, helpers or other personnel engaged by Lessor in the performance of Lessor's obligations under this Lease shall be solely under the control and direction of Lessor. Lessor further represents that the drivers and operators furnished for the equipment are familiar with, and will obey, all applicable governmental regulations; that the drivers and operators will cooperate with USF Glen Moore, Inc. in complying with all governmental regulations and providing a complete transportation serve; that the drivers and operators will take such tests as may be prescn"bed by USF Glen Moore, Inc., including, but not lintited to, screening for the presence of drugs andlor alcohol and cooperate in such tests and in such safety and trairting programs as may be administered by USF Glen Moore, Inc.; and that Lessor or its employees will promptly file with USF Glen Moore. Inc., all log sheets, physical examination certificates, accident reports, copies of workers' compensation insurance policies, and other reports, documents and data required by law or by USF Glen Moore, Inc. At the commencement oflhis Lease, Lessor shall provide USF Glen Moore, Inc., with the Certificate of Driver Qualification and Hours of Service Certification for the leased driver. (d) USF Glen Moore, Inc. will supply all permits to Lessor at the inception of the Lease, and will deduct the cost of said permits (See Appendix B). Upon termination of this lease, Lessor shall return all permits (transferable and non-transferable) to the Lease. 11. COMPENSATION: (a) USF Glen Moore, Inc. agrees to pay Lessor for the rental, use and operation of the equipment leased herein, compensation as provided in Appendi.x A which is attached hereto and macl~ a part hereof, less charges and deductions as provided in this agreement. Where the Lessor's equ.,pment is used in lease interchange operations with other carriers, all payments made to other earners, all payments made to other carriers in connection with that use shall be deducted from the Lessor's compensation. (h) It is expressly understood that USF Glen Moore, Inc. does not guarantee Lessor any amount of freight for transportation during any period of time -- ~~~ '~-~~'"- - ~ ~ ~~ ,~ ~j;]~ '"..~ .~ I - ~ : L _'~~."",,,n',,;, 12. SETTLEMENT: (a) Pa>;n~ts by US.F Glen Moore, Inc. to Lessor for the use and operation of the leased equipment in a tnp m the sefYlce of USF Glen Moore, Inc. shall be made within ten (10) days after submission to USF Glen Moore, Inc. of driver log books required by DOT and documents necessary to secure payment from the shipper, including bills oflading (to which exceptions have been taken) or shipping orders; sigued delivery receipts; and any specific documents required by the shipper. In addition, after completion of each trip in the service ofUSF Glen Moore, Inc., Lessor shall submit to USF Glen Moore,lnc., all interchange papers; fuel purchase receipts; damage reports; state or federal inspection reports; accident reports; driver daily vehicle condition reports; weight slips; trip manifests; toll receipts; detention, mileage, and log report; and any other reports required by governmental regulation. (b) Upon termination of the Lease, as a condition precedent to final payment, Lessor shall remove from the equipment, and return to USF Glen Moore, Inc., all equipment identification devices of USF Glen Moore, Inc. as provided in Section 6 (h) of this l.ease. If the identification devices have been lost or stolen, a letter from Lessor certifying the removal of such devices from the equipment "ill satisfy this requirement. Until this requirement is satisfied, USF Glen Moore, Inc. may "ithhold final payment. 13. CHARGE BACKS: USF Glen Moore, Inc. expressly reserVes its right uneler C.F.R. 1057.12 (h) to initially pay any of the expenses which are Lessor's responsibility under this Lease, subject to USF Glen Moore, Inc. 's right to deduct such prepaid items from Lessor's compensation. Lessor hereby authorizes USF Glen Moore, Inc. to make deductions each week from rental charges to be paid Lessor for any monies authorized andlor expended by USF Glen Moore, Inc. on behalf of l.essor including, but not limited to, license tags, vehicle registration and title fees, permits, cash advances, equipment, repairs, fuel loan payment, all insurance payments (including, for example, but not limited to liability, medical and worker' compensation), trailer or other equipment rental fees, tax stickers, and tractor payments. USF Glen Moore, Inc. will deduct $1,000.00 from settlement for deductible on physical damage on trailers and $1,000.00 for cargo insurance deductible. The amount of the expense charged back to Lessor shall be the amount which USF Glen Moore, Inc. was required to payor advance, USF Glen Moore, Inc. shall provide Lessor with a written explanation and with copies of those documents which are necessary to determine the validity of the deductions. Any such payments by USF Glen Moore, Inc. on behalf of Lessor, shall be repaid in full by Lessor within thirty (30) days, shall be paid by Lessor. 14. INSURAi'ICE AND RESPONSIBILITY: (a) USF Glen Moore, Inc. shall maintain insurance coverage for the protection of the public pursuant to and in the amounts required by Interstate Commerce Commission regulations promulgated under 49 U.S.C. 10927. USF Glen Moore, Inc. shall secure such insurance, shall maintain the insurance in its own name, shall be responsible for paying the premiums on such insurance, and shall file evidence of such insurance with the Interstate Commerce Commission. (h) USF Glen Moore, Inc. shall be named as an Additional Insured under Insurance Service Office from No. CA 23 12 (TRUCKER'S - Named Lessee as Insured) with respect to all insurance obtained by Lessor in cOllllection with this Lease. Lessor shall furnish USF Glen Moore, Inc. with Certificates ofInsurance evidencing this insurance and stating that coverage cannot be cancelled or materially changed without thirty-days advance written notice to USF Glen Moore, Inc. Lessor shall be responsible for physical damage, theft or loss to the leased equipment without regard to the cause thereof. Lessor shall obtain and maintain statutory Workers' Compensation or other insurance, and shall pay all costs thereof, relating to drivers or other personnel furnished in connection with the leased equipment. A Certificate ofInsurance evidencing such coverage shall be provided to USF Glen Moore, Inc. ..... ~,~~ ~..~ ~-~~..~_-..oI ~I '"' - ~ ~~ ~'.. ." ~I '~''''m"".,''''''d~",~"j' , (c) USF Glen Moore, Inc. reserves the right to make deductions from Lessors compensation for losses arising out of Lessor's failure to maintain the required insurance. USF Glen Moore, Inc. will furnish Lessor with a written itemized explanation of such deductions before deductions are made for such losses. (d) Nothing contained in this Section 14 shall be construed to in any way limitlhe liability ofUSF Glen Moore, Inc. to the public in cOllllection with the use of the leased equipment under this lease. 15. INDEMNIFICATION: In addition to any and all other remedies provided under this Lease, Lessor specifically agrees to indemnify USF Glen Moore, Inc. and hold USF Glen Moore, Inc. harmless, through deduction or payment, from any and all claims, suits, losses, fines, thefts, damages, liabilities, costs, or other expenses arising out of, based upon, or incurred because of injury to any person or persons or damage to any property sustained or which may be alleged to have been sustained in cOlllleclion with this Lease or as a resnlt of the use of the leasedequipmenl during the term of this Lease, including, but not limited to, any violations of governmental regnlations; loss or damage to cargo, equipment or other property; personal injuries; workers' compensation claims; and the unauthorized use of the leased equipment. Additionally, Lessor expressly releases and discharges USF Glen Moore, Inc. from any and all claims and liability arising in connection with this Lease. 16. EQUIPMENT OR PRODUCTS: Lessor is not required to purchase or rent any products, equipment or services from USF Glen Moore, Inc. as a condition to enteru;g this Lease. However. if the Lessor is party to an eqnipment purchase or rental contract which authorizes USF Glen Moore, Inc. to make deductions from Lessor's rental payment, the material provisions of such contract will be set forth in an Appendix to this Lease. 17. CONDUCT OF LESSOR: Lessor andlor its drivers shall conduct themselves in such a manner as to preserve good relations with the public so as not to adversely affect the satisfactory performance ofUSF Glen Moore, Inc.' s contracts with its customers. Failure to do so, will be considered a breach of this Lease and can result, in the discretion of USF Glen Moore, Inc., in the termination of this Lease. 18. PERMITS AND DECALS: At the termination of the Lease, USF Glen Moore, Inc. requests the return of all equipment identification devices and other property (such as, but not limited to, trailers, permits, placards and authority packets) furnished by USF Glen Moore, Inc. to Lessor pursuant to Section 6 of this Lease. Lessor pays all of the expenses and liability for which it is liable hereunder and returns all equipment identification devices and other USF Glen Moore, Inc. property to USF Glen Moore, Inc. or final settlement may be held. 19. COLLECTIONS AND REMITTANCES: In the event Lessor is required to collect monies due USF Glen Moore, Inc. for transportation of commodities, Lessor will collect the same by certified check or money order payable to USF Glen Moore, Inc. together with any and all charges arising out of or in connection with said transportation in accordance with the bill oflading, shipping contract, or other written instructions covering each shipment transported hereunder. Lessor will remit all collected monies together with properly sigued bills oflading and inventories to USF Glen Moore, Inc. no later than twenty-four (24) hours after making collection. Lessor is not authorized to extend credit or make any adjustments in any of the terms of collection except upon prior written authorization from USF Glen Moore, Inc. Lessor agrees that no shipments hereunder will be delivered until all C.O.D. charges have been collected by certified check or money order unless otherwise instructed by USF Glen Moore, Inc. Any losses resulting from theft, default or failure by drivers of other employees of Lessor relative to the return and transmittal or monies so collected shall be borne solely by the Lessor. 20. INDEPENDENT CONTRACTOR RELATIONSHIP: (a) It is the intention of the parties to this Lease that Lessor shall be and remain an independent. contractor. Nothing herein contained shall be construed as inconsistent with that status. Neither Lessor nor the employees, agents, or servants ofUSF Glen Moore, Inc. at any time, under any ._0 - -~ -'- - .~~" ~, ,~ ... < ~. _iiliil~' ~, ~~lilt~';'""''''''''''lf-''~;;{'_l' .' circ~tances, or for any purpose, nor shall any obligations imposed on USF Glen Moore, Inc. by operal1on of any federal, state, or local law be deemed to in any way alter the independent contractor status of Lessor and its employees, agents, or servants. (h) ~u?je~tto the requirement of the ICC and DOT and of any state regulatory agency having )unsdlCl1on, Lessor shall be solely responsible for the direction and control of the employees, agents an~ servants of Lessor, including selecting, hiring, firing, supervising, directing, assigning work, settmg wages and hours and working conditions, paying, and adjusting grievances of such employees, agents and servants. It is the intent of this Section to reaff1I11l that while Lessor shall be required to meet all obligations assumed hereunder, Lessor is entitled to exercise the discretion and judgement of an independent contractor in determining the methods to be used in so doing. (c) Lessor shall indemnify and save USF Glen Moore, Inc. hannless from any liability for wages or benefits for Lessor's employees, agents or servants, and for any costs or expenses of, liability whatsoever to, laws, workers' compensation laws or any other state or federal law applicable to' employees or employers, or othernise. 21. SATELLITE SECURITY DEPOSIT: (a) Lessee may, in its sole discretion and for the establishment of a damage fund, deduct from the first and second senIement to Lessor under this Lease, the minimum of$400.00 for each piece of equipment listed on Appendix B and leased hereunder, (See Appendix B) . (b) Reserve for Repairs (optional) - $100.00 per week for 25 weeks. (c) The conditions the Lessor must fulfill in order to have the escrow fund returned upon termination of the Lease are: (i) Return of all non-transferable and transferable fuel permits for the leased equipment; (H) Return to Lessee of all signs, placards, equipment devices, permits, decals, plates, satellite communications, equipment including components necessary for its operation, authority packets, and other documents and property belonging to Lessee; and At the time of the execution of such release. and the termination of this Lease, Lessee may deduct from the escrow fund monies for those obligations incurred by the Lessor which have been previously specified in this Lease, and shall provide a final accounting to the Lessor of all such fmal deductions made to the escrow fund. Lessee agrees that in no event shall the escrow be returned no later than forty-five (45) days from the date of termination of this Lease. After final senIement has been made, any charges which may arise or become due which are the responsibility of the Lessor under this Lease will become this liability of the Lessor. 22. SAVINGS AND SEPARABILITY CLAUSE: Should any provision of this Lease be rendered or declared invalid by reason of an existing or subsequently enacted legislation or by reason of any decree of a court of competent jurisdiction, such invalidation of such portion or portions shall remain in full force and effect. 2:3. EFFECTIVE DATE AND HOURS: In Witness Vibereof, USF Glen Moore, Inc. and Lessor have read and understood the terms and conditions contained herein and hereby sign this Lease th 1ST day of JULY, 2000, at 0800 HOURS which date and hour shall be the EFFECTIVE DATE AND HOUR of this Lease (and which shall coincide with the giving ofUSF Glen Moore, Inc.'s Equipment Receipts). """"",. ..I~1 - ~ ~--=. ".~ .~ .- '.\. "=~=~,. 'I ~ ~'" , USF GLEN MOORE, INC. POST OFFICE BOX 760 LESSOR'S NAME: DON S. TAYLOR ADDRESS: 437 MEADOW LANE CARLISLE, PENNSYLVANIA 17013 SHERMANSDALE, PA 17090 TELEPHONE# (717) 582-4572 '''''''~~-w.--'--', '. ~_..""",,- ~JliUIbIHI-_ ..~ -'i;IIiIIIliIo~~ ~ ,~ ';~~'!,",W'_ .'. , APPENDIX A COMPENSATION UNIT #: 9292 OWNER: DON S. TAYLOR $.80 Per Mile For All Miles Traveled Under Dispatch Based On USF Glen Moore Inc.'s most current version of PC MILER in its' possession. $20.00 Per stop after the firSt stop off under the same load # Driver will be compensated for hand loading or unloading at the rate that is received and approved by either the shipper or consignee, and dispatch. O' , .~. ~,~...... ~~ 'f - ~..~ I~ '__ -. ." , , ~~ ~ I t~.fb' APPENDIX "B" USF GLEN MOORE, INC. INDEPENDENT CONTRACT OPERATING AGREEMENT WEEKLY SCHEDULE FOR DEDUCTIONS Unit#: Owner/Operator Name: Address: Phone #: VIN#: Cell PhonelBeeper #: Year: Social Security #: Make: Model: Federal ID #: *Contractor, please initial to authorize weekly deductions. Initial Tvpe of Deduction Lease Payment Tags Permits Satellite Security Deposit Fuel Card Fuel Taxes Physical Damage Bobtail Liability Occupational Accident Reserve for Repairs Heavy Vehicle Usage Tax Dental Insurance - Employee Only Dental Insurance - Family Health Insurance - Employee Only Health Insurance - Employee/Child Health Insurance - Employee/Spouse Health Insurance - Family I hereby agree to the above deductions. Signed: Date: Amount $ Weekly $ Divided by 52 Weeks $402.00 divided by 52 Weeks $400.00 ($25.00/wk until $400.00 is paid) Varies Weekly $25.00/Week 3.1% of Value of Unit $8.00/Week $29.50/Week $IOO.OO/W eek for 25 Weeks $550.00 Divided by 52 Weeks $4.00/Week $ll.OO/Week $37.69/Week $67.84/Week $ 82.91/Week $107.04/Week o.~~ Jll>>~ ~~' ,~'~,- "...,~ . ....1I.<._i,'~,_ ," . , . I , . APPENDIX "C" LESSOR'S RIGHT TO EXCLUSIVE USE O-D UNlT# 9292 OWNER: DON S. TAYLOR ADDRESS: 437 MEADOW LANE SHERMANDALE, PA 17090 PHONE#: (717) 582-4572 FEDID#: DATE OF BIRTH: 02-21-56 SOC.SEC#: 19644-1767 EQUIPMENT INFORMATION: YEAR: 2000 MAKE: FREIGHTLINER VIN#: IFUPCS.ZBl YLB86496 GROSS WEIGHT: 80,000 UNLADEN WEIGHT: 18,000 TAG#: STATE: PENNSYLV A..'l1A __ _I > - ~ , ;' :~~,kll~~k . ,'<' ; 0' ...........~_ . , ,.. _ "J .. ",J.,~~,~,'" ,j __.~ ., ' ., "",.~~~~~,,' 1_, ~~ , , . . , . . . I Edward D. Voegele and Donald S. Taylor have an agreement of a lease purchase 2000 Freightliner Classic. Vin # IFUPCS7BIYLB86496 As of July 1,2000. As of July I, 2000 Donald S. Taylor assumes all responsibility. /------ ./~(/ Donald'S. Taylor "- ''-''''''''1'1 '.' _~'i>.: ~~itiJii~!llIril~IlIi-i'-'~'" ~ .r'~jti'T\jfl'k\vMm~@!&,.:.H-&'a'H~',tIE~'lf,i:lli*la;~;r~~~~~~1.l!:" ~ nJ;~uriJ ~L~~~ .N" il.J::I' _.[I]nr~__~ ~~~ii': .. , f~ r"''} C.l "' I -"1"'; n~, -,-.1 'T' . "j ~ ~~- \..C; ". J (' j , :> ~-:. .:~~ ""n ., -:- - ~ ~~ \,--:' .':-~ C) > C) -;-'-~ ;~n c:: ., ~ L.~ "-, s;j _-I :0 -< I '" -< -~, ii', ;.c-',<;, '-,;.; ,11,"', ',__', , '~" 'JAo;~ T'"--.iL.,;,,, i ";<"''''-;''~';'i'';''':;'.~-"",,; ',>.,;.~~,~-';,; ~ _ '~~,;, J. Jay Cooper, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 3Z0 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney I.D. #31720 Attorneys for Plaintiff DONALD TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. EDWARD VOEGELE and, USF GLEN MOORE, INC. NO. 01-6383 CIVIL ACTION - LAW DEFENDANT NOTICE TO PLEAD TO: Donald Taylor c/o Andrew H. Shaw, Esquire Robinson & Geraldo 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SIDPMAN, p,e. Date: November 29, 2001 By: ~~~. J. Ja 0 . EsqUIre Attorney I.D. No. 31720 David M. Steckel, Esquire Attorney J.D. No. 82340 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant USF Glen Moore, Inc. ""~ .~~'" '~"'~<'"b'. '.~ ,,,- ".eo' '~;'I-' ~,,-:,".'f,,;,,-.,,~:,"J:~-;i".'<i'i.-~C; >~",:,; ','.. - -. ....'~~"~'''~ J. Jay Cooper, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney J.D. #31720 Attorneys for Plaintiff DONALD TAYLOR, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6383 v. EDWARD VOEGELE and, USF GLEN MOORE, INC. CIVIL ACTION - LAW DEFENDANT DEFENDANT USF GLEN MOORE. INC.'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant, USF Glen Moore, Inc., by its attomeys, Goldberg, Katzman & Shipman, P.C., and who files the following Answer with New Matter to the Complaint filed in this matter: 1. Admitted. 2. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial. 3. Admitted. 4. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proofthereof, if relevant, is demanded at trial. 5. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial. 6. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial. " -' ""'-' ,,'~,' 'j.", . '",,--' '; " ' ~,"~I.,u", ,-"d',c>:,';' ~',;"o:,";; "&,(l,~::;,,";"'c" " ,,', -'~"T~ 7. Defendant, USF Glen Moore, has been advised by Defendant Voegele, that the Plaintiff has not performed under the terms of his contract with Defendant Voegele, and proof to the contrary is demanded of Plaintiff, at trial. 8. It is admitted that on or about the date indicated, Plaintiff and Defendant, USF Glen Moore entered into a lease agreement, which is attached as Exhibit "B" to the Complaint. The Lease Agreement does not state that the Plaintiff owns the motor vehicle, but merely indicates that he either owns it or has the right to use it. Count I Interference With Contract 9.-14. Paragraphs 9 through 14 are directed towards Defendant, Edward Voegele, and no response thereto is required of Defendant, USF Glen Moore, under Pennsylvania Rules of Civil Procedure. Count II Breach of Contract 15.-23. Paragraphs 15 through 23 are directed towards Defendant, Edward Voegele, and no response thereto is required of Defendant, USF Glen Moore, under Pennsylvania Rules of Civil Procedure. Count III Breach of Contract 24. Defendant, USF Glen Moore's, responses to Paragraphs 1 through 23 above are hereby incorporated by reference as fully as is set forth herein. 2 'i!; ',' '-"",1-,. . ,"I'A ",,~, ,'C"",' """'__h'~"'_'.L;,,->,' ;".~ ",.",":.<:'I";'-~;-;-, ,'; - " ~t, 25. Denied. To the contrary, Defendant, USF Glen Moore, has received information indicating that Plaintiff does not have the right to possession ofthe motor vehicle in question. Proof to the contrary, is demanded ofthe Plaintiff, if relevant, at trial. 26. Denied. Plaintiff is in default under its Lease, Exhibit "B", in that Plaintiff does not have ownership or the right to undisputed possession of the vehicle, and in fact is not in possession of the vehicle at this time as required under the Lease. 27. Denied. Any actions by USF Glen Moore under the terms of its Lease were in full compliance with the terms of that Lease. To the contrary, it is the Plaintiff which has defaulted under the Lease by reason of his default under his agreement with Defendant Voegele regarding use or ownership of the vehicle. To the contrary, Defendant USF Glen Moore, properly terminated its Lease with the Plaintiff due to the Plaintiff s default. Moreover, Defendant had an unqualified right to terminate the Lease without cause even if there were no default, which termination became effective eleven days after any notice was given by Defendant, USF Glen Moore, which notice was in fact given on September 10, 2001. 28. Denied. Defendant, USF Glen Moore did not have any obligation to make a good faith effort to determine whether Plaintiff still retained rightful possession of the motor vehicle. In any event, USF Glen Moore was notified by the legal owner of the vehicle that Plaintiff had lost any right to use or possess said vehicle, by reason of Plaintiff s default on his arrangements with Defendant, Voegele. In any event, it is clear that a dispute existed between Plaintiff and Defendant Voegele which called into question the Plaintiff s right to possess and use the motor vehicle in question, which gave Defendant a reasonable basis for terminating the Lease. 3 tfl -~' ""~-",...,,, -I'_~ ,J,"h,.' --""I...-~,;,.:,:""""";"e;:.;)~-,,,;...;i,,' ';"'~"';:-'~';".;;~~i:,;,,,;::. , i,~~:: 29. Denied. Defendant, USF Glen Moore, properly made payment of any sums due for the week ending September 8, 200 I. Proof that Plaintiff is entitled to said payment and that said payment was erroneously made to Defendant, Voegele is demanded of the Plaintiff at trial. 30. Denied. Plaintiff has been unable to operate his motor vehicle because he lost the right to possess said vehicle under his arrangements with Defendant, Voegele, and because Defendant Voegele on or about October 4, 2001, retook possession of the vehicle. Defendant merely properly terminated its Lease with the Plaintiff, and Defendant did not otherwise interfere with whatever right Plaintiff may have had to operate the motor vehicle in question. WHEREFORE, Defendant, USF Glen Moore, respectfully requests that Plaintiff s Complaint be dismissed with cost of suit. NEW MATTER 31. Plaintiff s Complaint fails to state any cause of action against Defendant, USF Glen Moore. 32. Plaintiff s Complaint fails to state any cause of action against Defendant, USF Glen Moore, that would entitle Plaintiff to recover attorneys fees as claimed in Count III of the Complaint. 33. Plaintiffs Complaint fails to set forth damages exceeding $25,000. 34. Defendant, USF Glen Moore, properly terminated its Lease with the Plaintiff due to Plaintiff s default under the Lease, which default arose from Plaintiff sloss of the right to use the vehicle which was the subject of the Lease. 4 - ~ - '"= ,-, - ~" ,-- <--~'." lo", 'A ~'"~~",' "'d;;';- <-.-'", .c"o~.;,' ;;";~'-';:";;'''''>-., ~ .;-<":,, liill~+ 35. Plaintiffs rights under the Lease Agreement were terminated by the written notice given on September 10, 2001, which even ifthere had been no default by Plaintiff under the Lease, would have terminated the lease arrangement on September 21, 200 I, the II th day after the giving of said notice. 36. Defendant, USF Glen Moore, relied upon the notification from Defendant, Voegele in terminating the contract, since it was a communication from Defendant, Voegele upon which it relied in entering into the Lease in the first place. 37. Any and all payments due under the Lease were properly made by USF Glen Moore. 38. Plaintiffs Complaint against Defendant, USF Glen Moore, is frivolous and Defendant, USF Glen Moore, is entitled to recover its attorneys fees incurred in defending this action. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: \\- '). 't-()\ By: (\~~. ~er, EsqUIre 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney J.D. #31720 Attorneys for Defendant USF Glen Moore, Inc. 5 "'i -- ,--. H'" _' '''~'''~'' _', ,'," ".h'",'ZI'.:',--'" ,,",<,;,'" "(';'.."';,i,;:-.,,, "1',';':"cO;'".';"'," -,,', ~~'~0 VERIFICATION I, , Corporate Officer on behalf of USF GLEN MOORE, INC., a Pennsylvania Corporation, hereby acknowledge that I am a party in this action, that I have read the foregoing Answer to New Matter and Counterclaim, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: \ \-1.9- 2aD \ (}~I2j!~ MfiAAuH ',& _ ~.~ V," _ _"~ ~"_ . -",,_,t, 0' '-;,.,\" ;.'. 1"""'''''''L^'' "",,"'/' ',',"-",",,'"c''' "'~~~">;"';';'" .' , , ""-il:!i:~.:i$~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the persons( s) and in the manner indicated below, which service satisfies the requirements of the PelIDsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Andrew H. Shaw, Esquire Robinson & Geraldo 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 Attorney for Plaintiff Michael J. Hanft, Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 Attorney for Defendant Edward Voegele GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ~~r~ J.D. #31720 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Defendant USF Glen Moore, Inc. Date: {\ - ')...0. -0\ 71845.1 I ji,'i I iltjf"-~i&iii~ ~jf."il!ilk ',~- "" c,,",~,,""{,",;,<,k"'~ .1 ~i:':'~~m-~-'j;;j"ii.li! .- "~A C' - - tJL~ Q}Lr: ;L~ L: . ~:} "'- r: ~.~E~ ~:j -,. (") ~~~ ~",~ E5 ()H <' ~ ! I I' .' I I i ~ ~ f I I I I I ! (I ..'<'\ ~ ,':=:, r<-.J '_D . , :,'_) ~'-,:J ... ~q , C;" ~jl ~~ ";0 "< -.,' __I. f'" .. 'j (j. ~li " '~ ~." ""- ".'" .' ^, ," "- ''/oJ' ,'h, -"'-., , ;" , ",,~ : """~;"IliL,.J DONALD TAYLOR, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC., Defendants. CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 TErE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 ',k' ~~"~." &~ ","' ~', J," ""~ ',,'';<;:.:.:", ',,',. ,~'~, "ljl~~~ DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW AMENDED COMPLAINT AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his Attorneys, Robinson & Geraldo, and files this COMPLAINT, and in support thereof states as follows: 1. The Plaintiff is an adult individual residing at 437 Meadow Lane, Shermans Dale, Perry County, Pennsylvania. 2. Defendant Edward Voegele (hereinafter "Voegele") is an adult individual residing at 737 County Road 308, Cullman, Alabama 35057. 3. Defendant USF Glen Moore, Inc. (hereinafter "Glen Moore") is a Pennsylvania corporation with a principal place of business located at 1711 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. 4. Voegele has a mailing address in Pennsylvania of950 Walnut Bottom Road, Suite 203, Carlisle, Cumberland County, Pennsylvania. 5. On or about July 1, 2000 Plaintiff and Voegele entered into a written contract (hereinafter "Contract"), termed a lease purchase agreement, for the purchase of a year 2000 model Freightliner Classic motor vehicle (hereinafter "Motor Vehicle") (a copy of which is attached hereto as "Exhibit A" and is incorporated by reference). i II II ~ ." -- "'~ .-....... .. ,. ~ " 0'_ l ~, - , . '" ~ , -- , -- ",I",,~' ".~ -jf~~i 6. Under the oral terms of the contract between Plaintiff and Voegele, Plaintiff was to make monthly payments of Two-Thousand Four Hundred Sixty-Five and 94/100 ($2,465.94) Dollars. 7. The monthly payments were to be for a total of Forty-Eight (48) months. 8. The Contract was executed in Cumberland County. 9. Plaintiff has substantially performed under the terms of the Contract by making the agreed-upon monthly payments for the Motor Vehicle. 10. On or about July 1, 2000, Plaintiff and Glen Moore (hereinafter "Glen Moore") entered into a lease agreement (hereinafter "Lease") providing for compensation for use of Plaintiffs Motor Vehicle (a copy of which is attached hereto as "Exhibit B" and is incorporated by reference). Count I - Intentional Interference With Contract 11. Plaintiff incorporates by reference all of the allegations and avennents contained in paragraphs 1 - 10 as if fully set forth herein. 12. Voegele is not a party to the Lease between Plaintiff and Glen Moore. 13. Plaintiff generates approximately Five Thousand and 00/100 ($5,000) Dollars per week in gross income from the lease with Glen Moore. 14. On or about September 7, 2001, Voegele knowingly and willfully invaded and interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of promoting Voegele's own financial interest by stating to Glen Moore that Plaintiff no longer had rightful possession of the Motor Vehicle. IS. Upon notice from Voegele, Glen Moore immediately terminated the Lease. "]1 ~ ~;~~. ..... , I ',-;.: ",I,l,' ",\- '.;" j;-".>."- ""~'-h'';..'-:':-'''~'JfL_,~ij 16. Plaintiff has since been unable to use his Motor Vehicle in accordance with the terms of the Lease. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Edward Voegele, for both compensatory and punitive damages, an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus other reasonable costs. Count n - Breach of Contract 17. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs 1 - l6as if fully set forth herein. 18. At all times relevant to this matter, Plaintiff has claimed rightful and legal possession of the Motor Vehicle. 19. On or about September 9, 2001, Plaintiff spoke with Voegele regarding a dispute over the Contract, where Voegele requested possession of the Motor Vehicle due to Plaintiff breaching the Contract. 20. During the conversation on September 9, 2001, Plaintiff refused to return possession of the Motor Vehicle to Voegele, claiming that Plaintiff continued to have legal possession of the Motor Vehicle because he had not breached the Contract. 21. Plaintiff continued to keep the Motor Vehicle on his premises and did not hold the premises open to Voegele. 22. On or about October 4, 2001, Plaintiff returned to his residence and discovered that the Motor Vehicle was missing. 23. The Motor Vehicle is now in Voegele's possession. I: II ~ "- ill "~ L~ ~ '. . ,;.: ~, """' '_<.,,',,"',c._ ~~j'.i';,;.i't.;,.; 24. Voegele refuses to return possession of the Motor Vehicle to Plaintiff. 25. As a result of Voegele's actions on both September 7,2001 and October 4,2001, Plaintiff has been unable to commercially use the Motor Vehicle because the Motor Vehicle was taken from his possession. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Edward Voegele in an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus other reasonable costs. In the altemative, Plaintiff requests this Honorable Court to enter judgment in favor of the Plaintiff through specific performance by requiring Voegele to return possession of the Motor Vehicle to Plaintiff. Count III-Breach of Contract 26. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs I - 25 as if fully set forth herein. 27. At all times relevant to these proceedings, Plaintiff has had a rightful and legal interest in the possession of the Motor Vehicle. 28. At all times relevant to these proceedings, Plaintiff has substantially complied with and fulfilled the terms of the Lease. 29. Glen Moore's actions on September 7, 2001, as stated above, violated the terms of the Lease because Plaintiff had full and complete legal right and authority to the Motor Vehicle. 30. Before terminating the Lease, Glen Moore never made a good faith effort to determine whether Plaintiff still retained rightful possession of the Motor Vehicle. 1.1 II 0;111 ~ " "....~'~ /0 .'li "' _L:::.-' ,,~ L_', - i i " ;';:-:~~ii>"",,,i;/- 31. Upon terminating the Lease, Glen Moore forwarded the payment for the week ending September 8,2001 to Voegele, which Plaintiff was entitled to receive under the existing Lease. 32. As a further result of Glen Moore's actions, Plaintiff has been unable to operate his Motor Vehicle in accordance with the terms of the Lease, since the date of September 7, 2001 to the present. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Glen Moore in an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus other reasonable costs. Respectfully submitted: ROBINSON & GERALDO Date: I:J-Jl/- 01 By: ~%(tA) Andrew H. Shaw, Esquire ROBINSON & GERALDO Attorney J.D. No. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, PelU1sylvania 17110 (717) 232-8525 Attorney for Plaintiff Ii ~il I -- , '~ ,J' I. ~_,'"f'J-- " > !, '-'..-,t,,'litt,,; .'~,' VERIFICATION I verilY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. M~ Donal~or ... I..~l ~ ,,'1,1,- 1 ,~,' : ,_,:' I -, , 'r."~_,, -, '_. ~o_; 'i._'>-:~~;~i DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CML ACTION - LAW CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certity that on the 14th day of December, 2001, I caused a true and correct copy of the AMENDED COMPLAINT to be served upon the following individual by first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania. Michael J. Hanft, Esq. Attorney for Edward Voegele 19 Brookwood Avenue Suite 106 Carlilse, P A 17013-9142 J. Jay Cooper, Esq. Attorney for USF Glen Moore, Inc. Goldberg, Katzman, & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 ~4&-fk ROBINSON & GERALDO ATTORNEY I.D. NO. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, PAl 711 0 (717) 232-8525 Attorney for Plaintiff I .1 II - '"~~""-~~ .~ ,.,;'-~ "~-".-'~ "~ '":IiiliIiliIii , J - _ L ~ 1=,., - ~. ,'" ~,~,"' - , '- ~"~~~j;'W,;J;. I Edward D. Voegele and Donald S. Taylor have an agreement of a lease purchase 2000 Freightliner Classic. Vin # IFUPCS7BIYLB86496 As of July 1,2000. As of July I, 2000 Donald S. Taylor assumes all responsibility. S. Taylor EXHIBIT .~ :;; .D . A , II ~1l.__1;oq ,. "'=<~ ~........ " ;,~, ~ USF GLEN MOORE, INe. OWNER/OPERATOR EQUIPMENT LEASE AGREEMENT LEASE# 9292 USF Glen Moore, Inc., of Carlisle, Pennsylvania, a molor carrier holding operating authority in ICC DOCKET NO. MC-192952 (hereafter "USF Glen Moore, Inc." or "Lessee") and DON S. TAYLOR of the motor vehicle equipment described below and leaseii herein (hereafter "Lessor") hereby enter into and agree to be bound by the Equipment Lease Agreement (hereafter "Lease") in accordance with the rules and regulations of the Iuterstate Commerce Commission (ICC). I. PARTIES: The parties to this lease are the parties indicated above and any of their agents, employees, contractors, drivers, or succe~sors-in-interest. Where applicable, the terms used herein shall have the meaning ascribed by the ICy in 49 C.F.R. 1057.2. The parties agree that any ofthe;r agents or other representatives to whom this :Lease is entrusted are hereby duly authorized to sign and perform this Lease on behalf of their respective Jilarties. 2. COPIES: This lease shall be signed and executed in at lease three (3) copies, each of which shall be considered an original. One executed copy (known as the lessee- carrier's copy) shall be retained by USF Glen Moore, Inc. One executed copy (known as the Lessor's copy) shall be retained by Lessor. One executed copy (known as the equipment copy) shall be carried on the leased equipment during the period of this lease, unless a certification statement is carried on the equipment instead, pursuant to 49 C.F.R. 1057.11 (c)(2). 3. EQUIPMENT TO BE LEASED: For and in consideration of the agreed rental and the covenants, terms and conditions set forth herein, Lessor hereby leased to USF Glen Moore, Inc., and USF Glen Moore, Inc. hereby rents, hires and lets from Lessor the motor vehicle equipment described in Appendix C. Lessor warrants to USF Glen Moore, Inc., that the equipment described in Appendix C is not subject to any existing lease, that Lessor is th.e "owner" of the equipment within the meaning of 49 C.F.R. 1057.2 (d), and that Lessor has' full and complete legal right and authority to lease such equipment pursuant to the terms of this lease. 4. QUALIF ACA TION OF LES~OR: In order to be qualified to perform the required services pursuant to this Lease, Lessor shall maintain a!td provide Lessee, upon request, with adequate proof of the following (a) Ownership and title <if the equipment described in Appendix C, or Lessor's right to exclusive use of such equipment for a,period longer than 30 days. (b) State certification and connnercial'driver's license authorizing Lessor or his driver to operate and use the equipment descnoed in Appendix C. Insuran~e in the type .amount specified in this Lease; and Financial statements and/or other related documents establis~g Lessor's financial responsibility and ability to conduct his busffiess; Results of drug and alcohol tests for each driver and operator of the equipment leased hereunder, given pursuant to Section 10 (c) of this Lease, indicating negative results of such test. Any (c) (d) EXHIBIT ~ :;; !il B ~ , mtWQ,!t; -. - ,. >'- " . ~I 0'"",.2,"" .'-'" '. ~"h.'~~i operator for whom such drug and alcohol test produces a positive fmding, shall not be qualified to operate the leased equipment, and the services of such driver or operator will not be accepted by USF Glen Moore, Inc. 5. RECEIPTS AND RECORDS: Upon taking possession of the equipment, USF Glen Moore, Inc. shall furnish Lessor with a receipt for such possession stating the date and time of day when possession of the equipment is taken by USF Glen Moore, Inc., and identifying the equipment to be leased. The receipt may be transmitted of communication. When USF Glen Moore, Inc. surrenders possession of the equipment to Lessor upon termination of this Lease, Lessor shall furnish a similar receipt 10 USF Glen Moore, Inc., identifying the equipment and the date and time of day when possession thereof was returned to Lessor. This receipt may be transmitted to USF Glen Moore, Inc.by mail, telegraph, or other similar means of communication. USF Glen Moore, Inc. shall maintain those records regarding the leased equipment required by 49 c.F.R. 1057.Il (d). 6. IDENTIFICATION OF EQUIPMENT: (a) During the period of this lease, the leased equipment shall be marked to identify USF Glen Moore, Inc. as the operating carrier in accordance with 49 C.F.R. 1057.11 (C) and 1058. USF Glen Moore, Inc. agrees to furnish such identification for equipment to Lessor, and Lessor agrees to display such identification thereon in the manner required by all applicable laws and regulations. (b) When the equipment is not in actual and authorized use for USF Glen Moore, Inc., Lessor agrees to remove from the leased equipment, all signs, placards, and identification devices displaying USF Glen Moore, Inc. name and ICC docket number. Moreover, upon termination of the Lease, Lessor shall also return to USF Glen Moore, Inc., all other property (such as, but not limited to, permits and authority packets) furnished by USF Glen Moore, Inc. to Lessor. Such identification devices and other property of the Lease at Lessors expense by first-class mail, postage prepaid. As provided in Section 12 (c), and hereof, the return of all identification devices is a condition precedent to fmal payment to Lessor and to the return of the escrow fund. 7. DURATION OF LEASE AGREEMENT: (a) This Lease shall commence on the "effective date and hour" specified in the fmal paragraph hereof, and shall continue iu effect until termination in the manner described below. (b) After this Lease has been in effect for 30 days, it may be tenninated by ei ther party on ten (10) days' notice, by mailing or delivering to the other party two copies of a written notice of termination (except that USF Glen Moore, Inc., may terminate this Lease sooner for breach, as described below). Tennination shall be effective either upon the II th day afterreceipt of the termination notice, or at such later date as may be specified in the notice, or at such later date as may be specified in the notice. The party receiving notice of termination shall receipt the copy of such notice and return such receipted copy to the other party. (c) Any use of the equipment outside the scope of this Le~e by Lessor. is a specifically desiguated breach which automatically terminates this Lease and ends responsibility for the leased equipment, unless otherwise agreed in writing by USF Glen Moore, Inc. (d) The lessee may terminate this Lease innnediately by oral communication (followed by written confirmation within 30 days) for any of the following reasons, each of which constitutes a breach of this Lease: (I) Lessor's wlure to furnish the equipment described in Appendix C or keep such equipment in good operating condition in accordance with all appropriate safety requirements, including those of the U.S. Department ofTransportation (DOT); (2) Lessor's failure to make available at all times a competent driver, properly qualified under DOT, state and other safety regulations; (3) Lessor's failure to comply with reasonable requests by USF Glen. Moore, Inc. for adjustment of equipment necessary to render useful or effectIve semce, IDcludmg furnishing necessary supplemental equipment; (4) the loss, damage. destruction, or theft ofa - - ~'- ~ " - .'- <.[, " ~~wl!;~0-." trailer being operated by, or in the possession of Lessor; and (5) violation of any covenant or other provision of this Lease. 8. PURPOSE AND OPERATIONS: (a) It is understood that, during the term of this Lease, USF Glen Moore, Inc. shall have exclusive possession, control and use of the leased equipment, and that USF Glen Moore, Inc. assumes complete responsibility for its operation during such term, to the extent required by 49 C.F.R. 1057.12 (c). (b) Lessor agrees to follow the instructions ofUSF Glen Moore, Inc., regarding the use of the leased equipment during the term of this Lease, and to indemnify USF Glen Moore, Inc., against any liability resulting from the use of the equipment leased herein, as more fully described in Section 15 below. (c) The performance of this Lease shall be in accordance with all laws, regulations and requirements of the ICe, DOT and all other appropriate public bodies (hereinafter collectively referred to "governmental regnlations"). Lessor shail comply and shall cause its driver to comply with all governmental regulations, and Lessor agrees to indemnify USF Glen Moore, Inc. against and to hold USF Glen Moore, Inc., harmless for any violations of such regulations. (d) Lessor shall report all accidents, claims, losses, damages, shortages, over-weights, or overages to USF Glen Moore, Inc. inunediately, and shall provide USF Glen Moore, Inc. with all written reports affidavits, or other assistance as may be necessary to investigate, settle or adjudicate such matters. (e) Lessor agrees to operate the equipment form origin to destinatiou over Lessor's choice oflegal routes. Lessor expressly agrees to make timely and safe deliveries of all loads, and also agrees to notify USF Glen Moore, Inc. when delivery has been made or when delivery will be delayed for any reason. Should Lessor for any reason fail to complete delivery of a load accepted, USF Glen Moore, Inc. may arrange for completion of such delivery at Lessor's expense, and completion of the trip involved in order to reduce or limit USF Glen Moore, Inc's. liability. Lessor hereby waives any recourse against USF Glen Moore, Inc. in such action and agrees to reimburse USF Glen Moore, Inc. for any cost and expense arising out of completion of such trip and to pay USF Glen Moore, Inc. any damages for which USF Glen Moore, Inc. may be liable to the shipper or others arising out of Lessor's failure to complete the trip. 9. ASSIGNMENT AND SUBLEASING: Neither party may assigu this Lease. However, during the term of this Lease, USF Glen Moore, Inc. shall have the right to sublease the equipment as ifit were the owner of such equipment, and USF Glen Moore, Inc. shall be relieved of exclusive possession, responsibility and control over the leased equipment during the period of any such sublease. 10. COST OF OPERATION: (a) Lessor agrees to deliver to USF Glen Moore, Inc., the lease equipment in good running order and condition, and to maintain the equipment, at Lessor's own expense, in good working condition, furnishing all necessary items (such as oil, fuel, tires, parts, supplies, and repairs for the operation of said equipment. Lessor further agrees to keep the equipment clean and to comply at its own expense with all safety and other requirements mandated by any pertinent govermnental regulations. Lessor shall, at its own expense, immediately make such mechanical correction or other adjustments and repairs as are necessary for the equipment's proper operations. USF Glen Moore, Inc. has the right to inspect the equipment at any time. (h) Lessor shall be responsible to pay for all other costs of operation of the equipment which are not specifically required herein to be paid by USF Glen Moore, Inc. Such operational costs to be borne by Lessor include, without limitation: fuel and fuel taxes; weight tickets; tolls; fares; base --- - ~ lil--lllllhIIUI_:9- ~~ ,,'" . " ,o,~'" ....", ',,",,"";~'i1I:~~..' plates and licenses; detention and accessorial services; any unused portions of the foregoing items; mamtenance and-repalf .costs; wages and remuneration of operators, drivers and helpers, including, but not hmlteelto, overtime and bonuses; personal injury and property damage insurance relating to the equipment as further described in Section 14 below; workers' compensation premiums, unemployment insurance, social security payments or other similar insurance; taxes or benefits relating to the operators, drivers and helpers; axle, weight and other taxes, fees, charges, assessments or exactions relating to the equipment, including mileage and highway taxes and all reports connected with such matters; liability for properly damage and personal injury exceeding the scope of insurance coverage; and, except as otherwise provided in this section 10 (b), all fines and penalties arising out of the use of such equipment. Except when the violation results from the acts or omissions of Lessor, USF Glen Moore, Inc. shall assume the risks and cost of fines for overweight and oversize trailers when the trailers are preloaded, sealed, or the load is containerized, or when the trailer or lading is otherwise outside of Lessor's control, and for improperly permitted over-dimension and overweight loads and shall reimburse Lessor for any fmes paid by Lessor. Lessor should weigh equipment at nearest set of scales to be sure that axle and gross weights meet prescribed weights by local, state and federal regulations, or be authoriied by a USF Glen Moore, Inc. dispatcher to continue to conlinue trip. (c) Lessor shall furnish, at its own expense, the drivers and other personnel necessary to operate the equipment leased herein. Such drivers and other persollllel shall be exclusively the employees of lessor, shall be at lease 21 years of age, have proper operators' licenses, and shall be in compliance with all Federal and State regulatory requirements pertaining to physical examinations and drivers test. Lessor further agrees to keep records of and pay all taXes, payroll deductions and insurance premiums relating to such drivers and personnel (including, but not limited to, all social security taxes, sickness and accident taxes, insurance premiums, and other payroll withholding and similar deductions or taxes). Subject to USF Glen Moore. Inc. 's obligations under pertinent govermnental regulations, all drivers, helpers or other personnel engaged by Lessor in the performance of Lessor's obligations under this Lease shall be solely under the control and direction of Lessor. Lessor further represents that the drivers and operators furnished for the equipment are fumiliar with, and will obt;y, all applicable governmental regulations; that the drivers and operators will cooperate with USF Glen Moore, Inc. in complying with all govermnental regulations and providing a complete lransportation serve; that the drivers and operators will take such tests as may be prescnbed by USF Glen Moore, Inc., including, but not limited to, screening for the presence of drugs and/or alcohol and cooperate in such tests and in such safety and training programs as may be administered by USF Glen Moore, Inc.; and that Lessor or its employees will promptly file with USF Glen Moore, Inc., all log sheets, physical examination certificates, accident reports, copies of workersl compensation insurance policies, and other reports, documents and data required by law or by USF Glen Moore, Inc. At the commencement of this Lease, Lessor shall provide USF Glen Moore, Inc., with the Certificate of Driver Qualification and Hours of Service Certification for the leased dri,'er. (d) USF Glen Moore, Inc. will supply all permits to Lessor at the inception of the Lease, and will deduct the cost of said permits (See Appendix B). Upon termination of this lease, Lessor shall return all permits (transferable and non-transferable) to the Lease. 11. COMPENSATION: (a) USF Glen Moore, Inc. agrees to pay Lessor for the rental, use and operation oflhe equipment leased herein, compensation as provided in Appendix A which is attached hereto and mad~ a part hereof, less charges and deductions as provided in this agreement. Where the Lessor's equ.,pment is used in lease interchange operations with other carriers, all payments made to other earners, all payments made to other carriers in connection with that use shall be deducted frcm the Lessor's compensation. (b) It is expressly understood that USF Glen Moore, Inc. does not guarantee Lessor any amount of freight for transportation during any period oftime .............,~ , - ~I ~ -"- "<' - ,', _b . ...' -f~'l~~; 12. SETTLEMENT: (a) Pa~ents by USF Glen Moore, Inc. to Lessor for the use and operation of the leased equipment in a trip m the sefVIce ofUSF Glen Moore, Inc. shall be made within ten (10) days after submission to USF Glen Moore, Inc. of driver log books required by DOT and documents necessary to secure payment from the shipper, including bills oflading (to which exceptions have been taken) or shipping orders; sigued delivery receipts; and any specific documents required by the shipper. In addition, after completion of each trip in the service ofUSF Glen Moore, Inc., Lessor shall submit to USF Glen Moore, Inc., all interchange papers; fuel purchase receipts; damage reports; state or federal inspectiou reports; accident reports; driver daily vehicle condition reports; weight slips; trip manifests; toll receipts; detention, mileage, and log report; and any other reports required by governmental regulation. (b) Upon termination of the Lease, as a condition precedent to final payment, Lessor shall remove from the equipmen~ and return to USF Gleu Moore, Inc., all equipment identification devices of USF Glen Moore, Inc. as provided in Section 6 (h) of this Lease. If the identification devices have been lost or stolen, a letter from Lessor certifying the removal of such devices from the equipment will satisfy this requirement. Until this requirement is satisfied, USF Glen Moore, Inc. may "ithhold final payment. 13. CHARGE BACKS: USF Glen Moore, Inc. expressly reserves its right under C.F.R. 1057.12 (b) to irtitially pay any of the expenses which are Lessor's responsibility under this Lease, subject to USF Glen Moore, Inc. 's right to deduct such prepaid items from Lessor's compensation. Lessor hereby authorizes USF Glen Moore, Inc. to make deductions each week from rental charges to be paid Lessor for any monies authorized andlor expended by USF Glen Moore, Inc. on behalf of Lessor including, but not limited to, license tags, vehicle registration and title fees, permits, cash advances, equipment, repairs, fuel loan paymen~ all insurance payments (including, forexarnple, but not limited to liability, medical and worker' compensation), trailer or other equipmeut rental fees, tax stickers, and tractor payments. USF Glen Moore, Inc. will deduct $1,000.00 from settlement for deductible on physical damage on trailers and $1,000.00 for cargo insurance deductible. The amount of the expense charged back to Lessor shall be the amount which USF Glen Moore, Inc. was required to payor advance. USF Glen Moore, Inc. shall provide Lessor with a written explanation and with copies of those documents which are necessary to determine the validity of the deductions. Any such payments by USF Glen Moore, Inc. on behalf of Lessor, shall be repaid in full by Lessor within thirty (30) days, shall be paid by Lessor. 14. INSURA}lCE AND RESPONSIBILITY: (a) USF Glen Moore, Inc. shall maintain insurance coverage for the protection of the public pursuant to and in the amounts required by Interstate Conunerce Commission regulations promulgated under 49 V.S.C. 10927. USF Glen Moore, Inc. shall secure such insurance, shall maintain the insurance ill its own name, shall be responsible for paying the premiums on such insurance, and shall file evidence of such insurance with the Interstate Commerce Commission. (b) USF Glen Moore, Inc. shall be named as an Additional Insured under Insurance Service Office from No. CA 23 12 (TRUCKEF,'S - Named Lessee as Insured) with respeclto all insurance obtained by Lessor in cOllllection with this Lease. Lessor shall furnish USF Glen Moore, Inc. with Certificates of Insurance evidencing this insurance and stating that coverage cannot be cancelled or materially changed without thirty-days advance written notice to USF Glen Moore, Inc. Lessor shall be responsible for physical damage, theft or loss to the leased equipment without regard to the cause thereof. Lessor shall obtain and maintain statutory Workers' Compensation or other insurance, and shall pay all costs thereof, relating to drivers or other personnel furnished in connection with the leased equipment. A Certificate ofInsurance evidencing such coverage shall be provided to USF Glen Moore, Inc. ~......_- ~~ ,~- I ~ )","J," ~~ " ~iii1i!i~~{' (c) USF Glen Moore, Inc. reserves the right to make deductions from Lessors compensation for losses . arising out of Lessor's failure to maintain the required insurance. USF Glen Moore Inc. will furnish Lessor with a written itemized explanation of such deeluctions before dedu~tions are made for such losses. (d) Nothing contained in this Section 14 shall be construed to in any way limit the liability ofUSF Glen Moore, Inc. to the public in cOllllection with the use of the leased equipment under this lease. 15. INDEMNIFICATION: In addition to any and all other remedies provided under this Lease, Lessor specifically agrees to iudemnify USF Glen Moore, Inc. and hold USF Glen Moore, Inc. hannIess, through deduction or payment, from any and all claims, suits, losses, fmes, thefts, damages, liabilities, costs, or other expenses arising out of, based upon, or incurred because of injury to any person or persons or damage to any property sustained or which may be alleged to have been sustained in connection with this Lease or as a resnlt of the use of the leased equipment during the term of this Lease, including, but not limited to, any violations of governmental regnlations; loss or damage to cargo, equipment or other property; personal injuries; workers' compensation claims; and the unauthorized use of the leased equipment. Additionally, Lessor expressly releases and discharges USF Glen Moore, Inc. from any and all claims and liability arising in connection with this Lease. 16. EQUIPMENT OR PRODUCTS: Lessor is not required to purchase or rent any products, equipment or services from USF Glen Moore, Inc. as a condition to entering this Lease. However. if the Lessor is party to an equipment purchase or rental contract which authorizes USF Glen Moore, Inc. to make deductions from Lessor's rental payment, the material provisions of such contract will be set forth in an Appendix to this Lease. 17. CONDUCT OF LESSOR: Lessor and/or its drivers shall conduct themselves in such a manner as to preserve gooel relations with the public so as not to adversely affect the satisfactory performance ofUSF Glen Moore, Inc.' s contracts with its customers. Failure to do so, will be considered a breach of this Lease and can resul~ in the discretion of USF Glen Moore, Inc., in the termination of this Lease. 18. PERMITS AND DECALS: At the termination of the Lease, USF Glen Moore, Inc. requests the return of all equipment identification devices and other property (such as, but not limited to, trailers, permits, placards and authority packets) furnished by USF Glen Moore, Inc. to Lessor pursuant to Section 6 of this Lease. Lessor pays all of the expenses and liability for which it is liable hereunder and returns all equipment identification devices and other USF Glen Moore, Inc. property to USF Glen Moore, Inc. or final settlement may be held. 19. COLLECTIONS AND REMITTANCES: In the event Lessor is required to collect monies due USF Glen Moore, Inc. for transportation of commodities, Lessor will collect the same by certified check or money order payable to USF Glen Moore, Inc. together with any and all charges arising out of or in connection with said transportation in accordance with the bill ofIading, shipping contrac~ or other written instructions covering each shipment transported hereunder. Lessor will remit all collected monies together with properly sigued bills of lading and inventories to USF Glen Moore, Inc. no later than twenty-four (24) hours after making collection. Lessor is not authorized to extend credit or make any adjustments in any of the terms of collection except upon prior written authorization from USF Glen Moore, Inc. Lessor agrees that no shipments hereunder will be delivered until all C.O.D. charges have been collected by certified check or money order unless otherwise instructed by USF Glen Moore, Inc. Any losses resulting from theft, default or failUre by drivers of other employees of Lessor relative to the return and transmittal or monies so collected shall be borne solely by the Lessor. 20. INDEPENDENT CONTRACTOR RELATIONSHIP: (a) It is the intention of the parties to this Lease that Lessor shall be and remain an independent contractor. Nothing herein contained shall be construed as inconsistent with that status. Neither Lessor nor the employees, agents, or servants ofUSF Glen Moore, Inc. at any time, under any .~"=-'" - "~, ~~""'.."''''''... IIIlII1ii ,I J ,<'~ ~ ,-,' .L "i ' ~. k'i.:"~'iftJ!;ii~]k circumstances, or for any purpose, nor shall any obligations imposed on USF Glen Moore, Inc. by operation of any federal, state, or local law be deemed to in any way alter the independent contractor status of Lessor and its employees, agents. or servants. (b) Su~je~t to the requirement of the ICC and DOT and of any state regnlatory agency having )unsdlcbon, Lessor shall be so~ely responsible for the direction and control of the employees, agents an~ servants of Lessor, mcluding selecting, hiring, firing, supervising, directing, assigning work, setting wages and hours and working conditions, paying, and adjusting grievances of such employees, agents and servants. It is the intent of this Section to reaffmn that while Lessor shall be required to meet all obligations assumed hereunder, Lessor is entitled to exercise the discretion and judgement of an independent contractor in determining the methods to be used in so doing. (c) Lessor shall indenmify and save USF Glen Moore, Inc. harmless from any liability for wages or benefits for Lessor's employees, agents or servants, and for any costs or expenses of, liability whatsoever to, laws, workers' compensation Jaws or any other state or federal law applicable to employees or employers, or othernise. 21. SATELLITE SECURITY DEPOSIT: (a) Lessee may, in its sole discretion and for the establishment of a damage fund, deduct from the first and second settlement to Lessor under this Lease, the minimum of$400.00 for each piece of equipment listed on Appendix B and leased hereunder. (See Appendix B) (b) Reserve for Repairs (optional) - $100.00 per week for 25 weeks. (c) The conditions the Lessor must fulfill in order to have the escrow fund returned upon termination of the Lease are: (i) Return of all non-transferable and transferable fuel permits for the leased equipment; (ii) Return to Lessee of all signs, placards, equipment devices, permits, decals, plates, satellite communications, equipment including components necessary for its operation, authority packets, and other documents and property belonging to Lessee; and At the time of the execution of such release. and the termination of this Lease, Lessee may deduct from the escrow fund monies for those obligations incurred by the Lessor which have been previously specified in this Lease, and shall provide a final accounting to the Lessor of all such final deductious made to the escrow fund. Lessee agrees that in no event shall the escrow be returned no later than forty-five (45) days from the date of termination of this Lease. After final settlement has been made, any charges which may arise or become due which are the responsibilil}" of the Lessor under this Lease will become this liability of the Lessor. 22. SAVINGS AND SEPARABILITY CLAUSE: Should any provision of this Lease be rendered or declared invalid by reason of an existing or subsequently enacted legislation or by reason of any decree of a court of competent jurisdiction, such invalidation of such portion or portions shall remain in full forc~d effect. 23. EFFECTIVE DATE AND HOURS: rn Witness \l;bereof, USF Glen Moore, Inc. and Lessor have read and understood the terms and conditionS contained herein and hereby sigu this Lease th 1ST day of JULY, 2000, at 0800 HOURS which date and hour shall be the EFFECTIVE DATE AND HOUR of this Lease (and which shall coincide with the giving of t.'SF Glen Moore, Inco's Equipment Receipts). - ~- ,,~~,"~ c' w" USF GLEN MOORE, INC. POST OFFICE BOX 760 LESSOR'S NAME: DON S. TAYLOR ADDRESS: 437 MEADOW LANE CARLISLE, PENNSYLVANIA 17013 SHERMANSDALE, PA 17090 TELEPHONE# (717) 582-4572 ;','.';.-, . "_ 'I ;.~, ' '~"i.i'''":,..;~~~~),1 "' ". I, , ' . ,~ ~ " '~ '-.'~ ,'F_ dH--:tjt'~<>, APPENDIX A COMPENSA'fION UNIT #: 9292 OWNER: DON S. TAYLOR $.80 Per Mile For AIl Miles Traveled Under Dispatch Based On USF Glen Moore Inc.'s most current version of PC MILER in its' possession. $20.00 Per stop after the first stop offunder the same load # Driver will be compensated for hand loading or unloading at the rate that is received and approved by either the shipper or consiguee, and dispatch. -- ~ ~ ,'l, I' ~, J ~-, ~, ,-'h,,"", _~" , ' ' '", , ;" '''n''"M'lll\'ll$h:i APPENDIX "B" USF GLEN MOORE, INC. INDEPENDENT CONTRACT OPERATING AGREEMENT WEEKLY SCHEDULE FOR DEDUCTIONS Unit #: Owner/Operator Name: Address: Phone #: Cell PhonelBeeper #: VlN#: Year: Social Security #: Make: Model: Federal ID #: *Contractor, please initial to authorize weekly deductions. Initial Type of Deduction Lease Payment Tags Permits Satellite Security Deposit Fuel Card Fuel Taxes Physical Damage Bobtail Liability Occupational Accident Reserve for Repairs Heavy Vehicle Usage Tax Dental Insurance - Employee Only Dental Insurance - Family Health Insurance - Employee Only Health Insurance - Employee/Child Health Insurance - Employee/Spouse Health Insurance - Family I hereby agree to the above deductions. Signed: Date; Amount $ Weekly $ Divided by 52 Weeks $402.00 divided by 52 Weeks $400.00 ($25.oo/wk until $400.00 is paid) Varies Weekly $25.00/Week 3.1% of Value of Unit $8.00IWeek $29.50IWeek $IOO.OOlWeek for 25 Weeks $550.00 Divided by 52 Weeks $4.00IWeek $11.00/Week $37.69/Week $67.84/Week $ 82.9l/Week $107.04IWeek O-D UNlT# 9292 OWNER: DON S. TAYLOR ., APPENDIX "e" LESSOR'S RIGHT TO EXCLUSIVE USE ADDRESS: 437 MEADOW LANE SHERMANDALE, PA 17090 PHONE#: (717) 5824572 DATE OF BIRTH: 02-27-56 EQUIPMENT INFORMATION: YEA.R: 2000 FEDID#: SOC.SEC#: 196-44-1767 MAKE: FREIGHTLINER VIN#: 1 F U P C S Z B 1 Y L B 8 64 9 6 GROSS WEIGHT: 80,000 TAG#: UNLADEN WEIGHT: 18,000 STATE: PENNSYLV A..'11A ".1' ,",~1:- ,","'^P,_",i' ." :fc'2':~::i ,"O^ ~- - '~~"" ",. , I I Edward D. Voegele and Donald S. Taylor have an agreement of a lease purchase 2000 Freightliner Classic. Vin # lFUPCS7BIYLB86496 As oOuly 1,2000. As ofJulyl, 2000 Donald S. Taylor assumes all responsibility. 0/ ./. ' DonaldS. Taylor ", ,~ 1__, r.'_ ~'l~~'M!llj,* " i":w~;t'."';"''';ud!'ll'.~~m~~~~illi~~''f!)~~m;jf~El.bio!JiMik",,-it.A''W,~w.r-~,Wj"a.~'MM~~~> ~'~liI.d~-!l!~"' _0 '-"",IW -"":'liiJliilfL ~ -. ~1l1Pt ii . ~." .. 0 c) - .. ) c:? ? () , I- f) , ~ r '"\ .' - ....c >? ~ ," > 7' :'-"-' .' T~ -0 :<C~: /--< . 3 ~- '- ,_ i ::r ,.J-'. ~-.-. ~ :-,-:;- ,-il -r) Z :',_--: -; .r: -, -<: ::v n -< - ~ ...,...JJH!U I lI!.uJJ1-~"=1-_'__W~'_"o~ ,."",..__~.o~" _~,~,._~,~.~"."~,~~,~~..~" <N" .~..~..I""".",,,"_ '''h "' c':",.,". '~'" ',', I, ",;. >""',."";'",;,~^~;;;.;.,..,;;,,,~-;: . ",};'1 ,:1 i~< '.';. .>,', '""";,, ,."", ~,," '~!~~I I i J. Jay Cooper, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.c. 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney I.D. #31720 Attorneys for Plaintiff DONALD TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. EDWARD VOEGELE and, USF GLEN MOORE, INC. NO. 01-6383 CIVIL ACTION - LAW DEFENDANT NOTICE TO PLEAD TO: Donald Taylor c/o Andrew H. Shaw, Esquire Robinson & Geraldo 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Attorney for Plaintiff You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: \- ?1~D'J-I By; ~ ~~ J. Ja ~squire Attorney LD. No. 31720 David M. Steckel, Esquire Attorney LD. No. 82340 320 Market Street, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorneys for Defendant USF Glen Moore, Inc. "m: "~-"" '- ,,~ i,,,"_',,,,,,., ,'," , '^". ""''''_''.~- "'. ."",.-,.<' -~L~'. -:';~"o.'''';' ':., " to>t.~u "j J. Jay Cooper, Esquire GOLDBERG, KATZMAN & SffIPMAN, P.c. 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney J.D. #31720 Attorneys for Plaintiff DONALD TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. NO. 01-6383 EDWARD VOEGELE and, USF GLEN MOORE, INC. CIVIL ACTION - LAW DEFENDANT DEFENDANT USF GLEN MOORE. INc.'S ANSWER WITH NEW MATTER TO AMENDED COMPLAINT AND NOW, comes the Defendant, USF Glen Moore, Inc., by its attorneys, Goldberg, Katzman & Shipman, P.C., and who files the following Answer with New Matter to the Amended Complaint filed in this matter: I. Admitted. 2. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proofthereof, if relevant, is demanded at trial. 3. Adrni tted. 4. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial 5. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial. . ,'.'. -' ="",- ,~" ','- ',,,-,' , ;"'r-,.;" -,,"-'-:"'.- < -, '" ,~'~ I ".'.;- ---','-g'-; " ,"",-;,', ",,';''''J, ,-,,'--,;,: ""':', ''-,'':>: .-~ "~~~"-""'~x 6. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proofthereof, if relevant, is demanded at trial. 7. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial.. 8. Defendant, USF Glen Moore, is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial. 9. Defendant, USF Glen Moore, has been advised by Defendant Voegele, that the Plaintiff has not performed under the terms of his contract with Defendant Voegele, and proof to the contrary is demanded of Plaintiff, at trial. 10. It is admitted that on or about the date indicated, Plaintiff and Defendant, USF Glen Moore entered into a lease agreement, which is attached as Exhibit "B" to the Complaint. The Lease Agreement does not state that the Plaintiff owns the motor vehicle, but merely indicates that he either owns it or has the right to use it. Count I Interference With Contract 11.-16. Paragraphs II through 16 are directed towards Defendant, Edward Voegele, and no response thereto is required of Defendant, USF Glen Moore, under Pennsylvania Rules of Civil Procedure. 2 .~l "C , -, " '_ :.-_,.. V'"-" ~," " > "'. ' ".';. " '0' -I.,,' _s 1'__,,;' - " ',e:,"';' 'l:""r',~,~~i',',;",:";' {g~~ Count II Breach of Contract 17.-25. Paragraphs 17 through 25 are directed towards Defendant, Edward Voegele, and no response thereto is required of Defendant, USF Glen Moore, under Pennsylvania Rules of Civil Procedure. Count III Breach of Contract 26. Defendant, USF Glen Moore's, responses to Paragraphs 1 through 24 above are hereby incorporated by reference as fully as is set forth herein. 27. Denied. To the contrary, Defendant, USF Glen Moore, has received information indicating that Plaintiff does not have the right to possession ofthe motor vehicle in question. Proof to the contrary, is demanded ofthe Plaintiff, if relevant, at trial. 28. Denied. Plaintiff is in default under its Lease, Exhibit "B", in that Plaintiff does not have ownership or the right to undisputed possession of the vehicle, and in fact is not in possession of the vehicle at this time as required under the Lease. 29. Denied. Any actions by USF Glen Moore under the terms of its Lease were in full compliance with the terms of that Lease. To the contrary, it is the Plaintiff which has defaulted under the Lease by reason of his default under his agreement with Defendant Voegele regarding use or ownership of the vehicle. To the contrary, Defendant USF Glen Moore, properly terminated its Lease with the Plaintiff due to the Plaintiff s default. Moreover, Defendant had an unqualified right 3 T '''.^ ".' ,~". ' ~ ,',," . ~'" ~." ",_,c,"" "'""i. _,,;,:,~ ';",:.0. ,~," >,:b--~; "',j ",,',',',-'" " ;'s' ,"",-"; 'r"'" -.c~_,,~'..;;~;'; to terminate the Lease without cause even if there were no default, which termination became effective eleven days after any notice was given by Defendant, USF Glen Moore, which notice was in fact given on September 10, 2001. 30. Denied. Defendant, USF Glen Moore did not have any obligation to make a good faith effort to determine whether Plaintiff still retained rightful possession of the motor vehicle. In any event, USF Glen Moore was notified by the legal owner ofthe vehicle that Plaintiffhad lost any right to use or possess said vehicle, by reason of Plaintiff s default on his arrangements with Defendant, Voegele. In any event, it is clear that a dispute existed between Plaintiff and Defendant Voegele which called into question the Plaintiff s right to possess and use the motor vehicle in 31. Denied. Defendant, USF Glen Moore, properly made payment of any sums due for question, which gave Defendant a reasonable basis for terminating the Lease. the week ending September 8, 2001. Proof that Plaintiff is entitled to said payment and that said payment was en"oneously made to Defendant, Voegele is demanded of the Plaintiff at trial. 32. Denied. Plaintiff has been unable to operate his motor vehicle because he lost the right to possess said vehicle under his arrangements with Defendant, Voegele, and because Defendant Voegele on or about October 4, 2001, retook possession of the vehicle. Defendant merely properly terminated its Lease with the Plaintiff, and Defendant did not otherwise interfere with whatever right Plaintiff may have had to operate the motor vehicle in question. WHEREFORE, Defendant, USF Glen Moore, respectfully requests that Plaintiff s Complaint be dismissed with cost of suit. 4 "i;;<, '," <'M_'" '",I, r' ~,' "' ,.; ,; "" ,:',_::-:" J~'~',,;,:' '';'::~< ~. '^" /:~,::;'_:ii'-', ^"l;'ill:~ NEW MATTER 33. Plaintiffs Complaint fails to state any cause of action against Defendant, USF Glen Moore. 34. Plaintiffs Complaint fails to state any cause of action against Defendant, USF Glen Moore, that would entitle Plaintiff to recover attorneys fees as claimed in Count III of the Complaint. 35. Plaintiffs Complaint fails to set forth damages exceeding $25,000. 36. Defendant, USF Glen Moore, properly terminated its Lease with the Plaintiff due to Plaintiff s default under the Lease, which default arose from Plaintiff s loss of the right to use the vehicle which was the subject of the Lease. 37. Plaintiffs rights under the Lease Agreement were terminated by the written notice given on September 10, 2001, which even if there had been no default by Plaintiff under the Lease, would have terminated the lease arrangement on September 21, 2001, the 11 th day after the giving of said notice. 38. Defendant, USF Glen Moore, relied upon the notification from Defendant, Voegele in terminating the contract, since it was a communication from Defendant, Voegele upon which it relied in entering into the Lease in the first place. 39. Any and all payments due under the Lease were properly made by USF Glen Moore. 5 "\; . ~, , :1 " "'.. ,- ;,',':',1<: ,,-.," ','", ,'., ",",",-", "-':," '~ f:~-"i 40. Plaintiffs Complaint against Defendant, USF Glen Moore, is frivolous and Defendant, USF Glen Moore, is entitled to recover its attorneys fees incurred in defending this action. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: J.::...2 - 0')../ By; ~Cw0-'- J. Ja 0 , Esquire 320 Market Street, Strawberry Square, P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney LD. #31720 Attorneys for Defendant USF Glen Moore, Inc. 6 '"n ,", "_"__",,"'_0 ",,'- ',:,:,'1~ -- ",," c,-,-' ,.', , - ,-. : 1" '_'''\",'',' -':'0:,1;::,', :.L,;,:; ,<c": '.",;" , _ -;'~'o,d',~, CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the persons(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows: Andrew H. Shaw, Esquire Robinson & Geraldo 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 Attorney for Plaintiff Michael J. Hanft, Esquire 19 Brookwood Avenue Suite 106 Carlisle, PA 17013-9142 Attorney for Defendant Edward Voegele GOLDBERG, KATZMAN & SHIPMAN, P.c. By: ~~ J..l 0, Esquire LD. #31720 320 Market Street P.O. Box 1268 Harrisburg, P A 17108-1268 (717) 234-4161 Attorney for Defendant USF Glen Moore, Inc. Date; \ - ;- oL./' 71845.1 "'J .. I ,~" .e., ". " 'I',,',' , ,',1,',,&' ~'",--:"h',~; ,'-" '. '0" " --'", '~', <~<.',^ Co ",,; l~~ VERIFICATION I, PAMELA PERRAULT, VICE PRESIDENT SAFETY on behalfofUSF GLEN MOORE, INe, a Pennsylvania Corporation, hereby acknowledge that I am a party in this action, that I have read the foregoing Answer to Amended Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: \ - '). - 'OJ....- 6)am'k){)~/J//JJ: 73031.1 III p~LYl" ': ~[t~~i.i~~/'" ;,j,~,,'~;.~~~~1<1,\,;',>jL::-' ' ," ,"" d'II!l!of!~ ~." ~':'~!i.l::'~~~6~iif~iljili~ii~~.~~~otil:':d' "~iIi"'"'' ' ,,'1', ,",>",""", ,~..">,.~~., _. ~ . ~"H.,'= ,', ">"",'~',."'","''l.-,.,,, ',~ ,,~",*,_,q .~, . n~. " ,~",'~ ~#, . ""~,:,,,;;<,,(.,- ,;.,;,>. ~" " ,'~;;< """"'_'_M~" , '._~=O^'~"~~_ o C '1:':;C n-,r--; Z:;" .....:::,'.. (/j j ~~f:; ",---'C -'-7 .-c:.. =< = D r--J " ~:.:> I -_J '"..:? :;J \,D ~ Ui , ~.~) , ?f; -.;: --. ..','~, ~- " ~ l ' -.. ~ <..~"" "' '~ '"~li11,4;" I< ,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD TAYLOR, Plaintiff CIVIL ACTION - LAW v. EDWARD VOEGELE and USF GLEN MOORE, JNe., No. 01-6383 CIVIL TERM Defendants NOTICE TO PLEAD TO: DONALD TAYLOR and his attorney, ANDREW H. SHAW, ESQUIRE You are hereby notified to plead to the attached Preliminary Objections within twenty (20) days from service hereof or a default judgment may be entered against you. HANFT & KNIGHT, P.C. Date; January II, 2002 ~1~~~ . '10.-1'0 Attorney LD. No. 57976 Lindsay Gingrich Maclay, Esquire Attorney LD. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defendant, Edward Voegele Jli "'''"'''''-''''''"-''',,. ~~'"="'_....i ~ --...... , . - I ~. ;M"~' , ~,< )0 'lliiJi'!lW'; 4 ,. ,. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONALD TAYLOR, Plaintiff CNIL ACTION - LAW v. EDWARD VOEGELE and USF GLEN MOORE, INC., No. 01-6383 CNIL TERM Defendants PRELIMINARY OBJECTIONS OF DEFENDANT. EDWARD VOEGELE. TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, this 11th day of January, 2002, comes the Defendant, Edward Voegele (hereinafter "Defendant Voegele"), by and through his attorneys, Hanft & Knight, P.C., and files the following Preliminary Objections to Plaintiffs Amended Complaint, and in support hereof, avers as follows: PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING 1. On or about December 14, 2001, Plaintiff filed an Amended Complaint in the above-referellcced matter. A copy of Plaintiffs Amended Complaint is attached hereto as Exhibit I "A." 2. Paragraphs 5 through 9 of Plaintiffs Amended Complaint allege that Plaintiff and Defendant Voegele entered into a "Contract" and that "Plaintiff substantially performed under the terms of the Contract by making the agreed-upon monthly payments for the Motor Vehicle." 3. Peunsylvania Rule of Civil Procedure 1019(a) requires fact pleading. ,- 1~",,,,,,",,__~"J_~. "~ ~-- ~ ~. ',,~~...;..'~, . - ~ . 4. In his Amended Complaint, Plaintiff fails to in any way enumerate how many monthly payments he allegedly made on the Motor Vehicle; the alleged amounts of those monthly payments; the dates those monthly payments were allegedly made; the alleged total purchase price of the Motor Vehicle; the alleged due-date of the monthly payments to Defendant Voegele; or any other facts regarding how he allegedly "substantially performed under the terms of the Contract by making the agreed-upon monthly payments for the Motor Vehicle." WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant his Preliminary Objections and dismiss Plaintiffs Amended Complaint for failure to comply with Pennsylvania Rule of Civil Procedure 10 19( a). PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER 5. Paragraphs I through 4 above are incorporated by reference as if fully set forth herein. 6. Paragraphs 5 and 6 of Plaintiffs Amended Complaint allege that a written "Contract" was entered into between Plaintiff and Defendant Voegele relating to the lease- purchase of a "year 2000 model Freightliner Classic motor vehicle." 7. A copy of the alleged "Contract" is attached to Plaintiffs Amended Complaint as Exhibit "A". 8. The alleged "Contract," attached to Plaintiffs Amended Complaint as Exhibit "A," merely memorializes that the parties had "an agreement of a lease purchase 2000 Freightliner Classic. Vin # IFUPCS7BIYLB86496;" however, the alleged "Contract" fails to state the terms or amounts for repayment, nor does it state a sale price. 'II ,,,._.......,~~-,,,"' .l"~ __ " ,...:, L' "~m~'" . .. -< . 9. Plaintiff s Amended Complaint fails to state a cause of action because as a matter oflaw, the document which Plaintiff refers to as the "Contract" is legally insufficient and Plaintiff failed to either produce a written Contract or to sufficiently enumerate the terms of an oral contract. WHEREFORE, Defendant, Edward Voegele, respectfully requests that Plaintiff s Complaint be stricken because the document that Plaintiff alleged was a "Contract" is not legally sufficient to be a contract. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER 10. Paragraphs 1 through 9 above are incorporated by reference as if fully set forth herein. II. Paragraph 9 of Plaintiffs Amended Complaint states that Plaintiff "substantially performed under the terms of the Contract by making the agreed-upon monthly payments for the motor vehicle." 12. There are no terms enumerated in the document attached to Plaintiffs Amended Complaint as Exhibit "A," and which Plaintiff has labeled "Contract." 13. The alleged oral terms which Plaintiff enumerates in Paragraphs 6 and 7 of his Amended Complaint fail to state how many monthly payments Plaintiff allegedly made on the Motor V ehic1e; the alleged amounts of those monthly payments; the dates those monthly payments were allegedly made; the alleged total purchase price of the Motor Vehicle; or the alleged due-date of the monthly payments to Defendant Voegele. 14. Plaintiff s Amended Complaint fails to state a cause of action against Defendant Voegele because Plaintiff has failed to produce any "agreement" between himself and Defendant ~. ~I ~~~ """~ , "",. " '~.~_~,d , . " . Voegele, and Plaintiff has failed to adequately produce the terms of any contract between Plaintiff and Defendant Voegele. WHEREFORE, Defendant Edward Voegele respectfully requests that Plaintiff s Amended Complaint be stricken because Plaintiff has enumerated insufficient alleged agreed-to terms to the "Contract." PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING 15. Paragraphs 1 through 14 above are incorporated by reference as if fully set forth herein. 16. Paragraphs 5 and 6 of Plaintiff s Amended Complaint allege that Plaintiff and Defendant V oege1e entered into a written contract for the lease purchase of a "year 2000 model Freightliner Classic motor vehicle." 17. The document attached to Plaintiffs Amended Complaint as Exhibit "A," which Plaintiff refers to as a "Contract," is legally and factually insufficient to form a contract. 18. Paragraphs 6 and 7 of Plaintiffs Amended Complaint purport to enumerate the "oral terms" of the "Contract" between Plaintiff and Defendant Voegele. 19. The alleged oral terms which Plaintiff enumerates in Paragraphs 6 and 7 of his Amended Complaint fail to state how many monthly payments Plaintiff allegedly made on the Motor Vehicle; the alleged amounts of those monthly payments; the dates those monthly payments were allegedly made; the alleged total purchase price of the Motor Vehicle; or the alleged due-date of the monthly payments to Defendant Voegele. 20. Paragraph 9 of Plaintiffs Amended Complaint alleges that Plaintiff "substantially performed under the terms of the Contract by making the agreed-upon monthly payments for the ,1>';1 "'_~m,~._ ~~_.~"'~.....='" ~ .......... - I' . ~"~ I .;',-" i':k!ldi~:.;i - , . Motor Vehicle." 21. In his Amended Complaint, Plaintiff fails to adequately enumerate these alleged "oral contract terms" and/or how Plaintiff allegedly "substantially performed" under these so- called "tenns". 22. In his Amended Complaint, Plaintiff fails to enumerate how many monthly payments Plaintiff allegedly made on the Motor Vehicle; the alleged amounts of those monthly payments; the dates those monthly payments were allegedly made; the alleged total purchase price of the Motor Vehicle; or the alleged due-date of the monthly payments to Defendant Voegele. 23. Peunsylvania Rule of Civil Procedure 1019(a) requires fact pleading. 24. Paragraphs 5 through 9 of Plaintiffs Amended Complaint fail to set forth the material facts on which Plaintiff s cause of action is based, which is in contravention to Pa. R.C.P. 1019(a). WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant his Preliminary Objections and dismiss Plaintiffs Amended Complaint for failure to comply with Pennsylvania Rule of Civil Procedure 1019(a). PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER 25. Paragraphs 1 through 24 above are incorporated by reference as if fully set forth herein. 26. Paragraph 14 of Plaintiffs Amended Complaint states that Defendant Voegele "knowingly and willingly invaded and interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of promoting Voegele's own financial interest by stating to Glen "'"', :ffiiv.i'''''"''~~' - ~~l ~ V' " . I ." ~ ~,?_1I@1~ - .. Moore that Plaintiff no longer had rightful possession of the Motor Vehicle". 27. In his Amended Complaint, Plaintiff has failed to offer any specific allegations that he had title to or "rightful possession of' the vehicle. 28. In his Amended Complaint, Plaintiff has failed to allege any action by Defendant Voegele to support his claim that Defendant Voegele "knowingly and willingly invaded and interfered with the contractual relationship of Plaintiff and Glen Moore." 29. In his Amended Complaint, Plaintiff fails to state a claim upon which relief could be granted because Defendant Voegele was and has, at all relevant times hereto remained, the rightful owner of the Motor Vehicle and therefore, Defendant Voegele did not wrongfully interfere in Plaintiffs contract with Glen Moore. WHEREFORE, Defendant Voegele moves this Honorable Court to strike Count I of Plaintiffs Amended Complaint dealing with Defendant Voegele's alleged "intentional interference" with Plaintiff and Defendant Glen Moore's contract. PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING 30. Paragraphs I through 29 above are incorporated by reference as if fully set forth herein. 31. Paragraph 14 of Plaintiffs Amended Complaint states that Defendant Voegele "knowingly and willingly invaded and interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of promoting Voegele's own financial interest by stating to Glen Moore that Plaintiff no longer had rightful possession of the Motor Vehicle". 32. In his Amended Complaint, Plaintiff has failed to offer any specific allegations that he had title to or "rightful possession of' the vehicle. 'J' ~~- ~~ -~ -~~~ " ". "0"' ~,; ':,. > . 33. In his Amended Complaint, Plaintiff has failed to allege any action by Defendant Voegele to support his claim that Defendant Voegele "knowingly and willingly invaded and interfered with the contractual relationship of Plaintiff and Glen Moore." 34. Pennsylvania Rule of Civil Procedure IOI9(a) requires fact pleading. 35. In his Amended Complaint, Plaintifffails to enumerate how and/or when he obtained legal title to the Motor Vehicle, nor has Plaintiff offered any proof that the Motor Vehicle belonged to him, nor has Plaintiff alleged any action to support his claim that Defendant Voegele "knowingly and willingly interfered with the contractual relationship of Plaintiff and Glen Moore." WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant his Preliminary Objections and dismiss Plaintiffs Amended Complaint for failure to comply with Pennsylvania Rule of Civil Procedure I 019( a). PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING 36. Paragraphs I through 35 above are incorporated by reference as if fully set forth herein. 37. Paragraph 16 of Plaintiffs Amended Complaint states that "Plaintiff has since been unable to use his Motor Vehicle in accordance with the terms of the Lease" (emphasis added). 38. Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading. 39. In his Amended Complaint, Plaintiff fails to enumerate how and/or when he obtained legal title to the Motor Vehicle, nor has Plaintiff offered any proof that the Motor Vehicle belonged to him. ill '~"""C_'l"""""""," ."' -- l" - _1- -~ 'd'~osW.~': . . . WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant his Preliminary Objections and dismiss Plaintiff's Amended Complaint for failure to comply with Pennsylvania Rule of Civil Procedure 1019(a). PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING 40. Paragraphs I through 39 above are incorporated by reference as if fully set forth herein. 41. Paragraph 18 of Plaintiff's Amended Complaint states that "[a]t all times relevant to this matter, Plaintiff has claimed rightful and legal possession of the Motor Vehicle." 42. Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading. 43. In his Amended Complaint, Plaintifffails to enumerate how and/or when he obtained "rightful and legal possession of the Motor Vehicle," nor has Plaintiff offered any proof that the Motor Vehicle was titled in his name. WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant his Preliminary Objections and dismiss Plaintiff's Amended Complaint for failure to comply with Pennsylvania Rule of Civil Procedure 10 19( a). PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING 44. Paragraphs I through 43 above are incorporated by reference as if fully set forth herein. 45. Paragraph 20 of Plaintiff's Amended Complaint states that Plaintiff "continued to have legal possession of the Motor Vehicle because he had not breached the Contract." 46. Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading. 47. In his Amended Complaint, Plaintiff fails to enumerate how and when he obtained "''''''-~-~~"'~ " ~""--"""'l .-..-..... I' . I, I ~ ...k... ~~ '~~,,~:l1>i!#',~ .\, . . "legal possession of the Motor Vehicle," nor has Plaintiff offered any proof that the Motor Vehicle was titled in his name. 48. In his Amended Complaint, Plaintiff fails to enumerate, nor did he proffer any proof or evidence of the allegation that "he had not breached the Contract." WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant his Preliminary Objections and dismiss Plaintiffs Amended Complaint for failure to comply with Pennsylvania Rule of Civil Procedure 1019(a). PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING 49. Paragraphs I through 48 above are incorporated by reference as if fully set forth herein. 50. In his prayers for relief in Counts I, II, and ill of his Amended Complaint, Plaintiff requests "other reasonable costs." 51. Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading. 52. In his Amended Complaint, Plaintiff fails to enumerate with any specificity what is being claimed by "other reasonable costs." <>" ""'..,"""~-- ""~ " I I, ~ L:.. ~ R ~'" <--"' ~:\\l"'~~_,,,&, WHEREFORE, Defendant Voegele requests this Honorable Court strike "other reasonable costs" from Plaintiff s prayers for relief. Respectfully Submitted, HANFT & KNIGHT, P.C. Date: January II, 2002 C(:~I~1ktre 1~ AttorneyLD. No. 57976 Lindsay Gingrich Maclay, Esquire Attorney LD. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defendant, Edward Voegele ~ ~."~"...""_. ~ ............. "" '. J , I '~~"~ ~ \.il;~~"iwidoU\L, CERTIFICATE OF SERVICE AND NOW, this 11th day of January, 2002, I, Lindsay Gingrich Maclay, Esquire, hereby certif'y that I have this day served the following persons with a copy of the foregoing Preliminary Objections, by depositing same in United States Mail, First Class, Postage Prepaid, addressed as follows: Andrew H. Shaw, Esquire ROBINSON & GERALDO, P.C. P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 J. Jay Cooper, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, Pennsylvania 17108-1268 HANFT & KNIGHT, P.C. By: Macl Attorney I. . No. 8795 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defendant, Edward Voegele F:\User Folder\Firm Docs\Gendocs2002\1277-3.po.2.wpd .~ ''''.............-........ .l,im'iil j I j UIl!1 ~'~ j 1 ,.~ LJl.l.~:~__'.. J. '~..,JI..' ..'.,."'....,,,'" ., .. " ,> DONALD TAYLOR, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC., Defendants. CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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. IFYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 . TRUE COpy FROM REOORO In T e&llwi1}' WI'.6roo1, I here unto set my haoo 3,1d t~. . > \H said COIJIit'-.at CarUsle. Pa. Hlil j t< y UlL.. Q..O{)) ..' ~'l';lI'~ ..... ~ .;;.~~~~ . ~"' --', ' I , 1__ Ji L 1 '--~~ ;;1;'-"",,,~~.,.~',,", !~.;" ";"'.l'liifi~~\i ., " DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW AMENDED COMPLAINT AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his Attorneys, Robinson & Geraldo, and files this COMPLAINT, and in support thereof states as follows: I. The Plaintiff is an adult individual residing at 437 Meadow Lane, Shermans Dale, Perry County, Pennsylvania. 2. Defendant Edward Voegele (hereinafter "Voegele") is an adult individual residing at 737 County Road 308, Cullman, Alabama 35057. 3. Defendant USF Glen Moore, Inc. (hereinafter "Glen Moore") is a Pennsylvania corporation with a principal place of business located at 1711 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. 4. Voegele has a mailing address in Pennsylvania of950 Walnut Bottom Road, Suite 203, Carlisle, Cumberland County, Pennsylvania. 5. On or about July 1, 2000 Plaintiff and Voegele entered into a written contract (hereinafter "Contract"), termed a lease purchase agreement, for the purchase of a year 2000 model Freightliner Classic motor vehicle (hereinafter "Motor Vehicle") (a copy of which is attached hereto as "Exhibit A" and is incorporated by reference). II ""- ,,,,< "~I f ~''-,''c_''L',1 ']"'" '';:''-1' h1Uut<i :!){': '> " 6. Under the oral terms of the contract between Plaintiff and Voegele, Plaintiffwas to make monthly payments of Two-Thousand Four Hundred Six.ty-Five and 94/100 ($2,465.94) Dollars. 7. The monthly payments were to be for a total of Forty-Eight (48) months. 8. The Contract was executed in Cumberland County. 9. Plaintiff has substantially performed under the terms of the Contract by making the agreed-upon monthly payments for the Motor Vehicle. 10. On or about July I, 2000, Plaintiff and Glen Moore (hereinafter "Glen Moore") entered into a lease agreement (hereinafter "Lease") providing for compensation for use of Plaintiff's Motor Vehicle (a copy of which is atiached hereto as "Exhibit B" and is incorporated by reference). Count I - Intentional Interference With Contract 11. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs 1 - 10 as if fully set forth herein. 12. Voegele is not a party to the Lease between Plaintiff and Glen Moore. 13. Plaintiff generates approximately Five Thousand and 00/100 ($5,000) Dollars per week in gross income from the lease with Glen Moore. 14. On or about September 7, 2001, Voegele knowingly and willfully invaded and interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of promoting V o~ele's own financial intereSt by stating to Glen Moore that Plaintiff no longer had rightful possession of the Motor Vehicle. 15. Upon notice from Voegele, Glen Moore immediately terminated the Lease. ,~ " ~r~,J '!l "~' L -- h'O ' , "" K_!i~lL~ "'~'\' 16. Plaintiff has since been unable to use his Motor Vehicle in accordance with the terms of the Lease. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Edward Voegele, for both compensatory and punitive damages, an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus other reasonable costs. Count n - Breach of Contract 17. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs I - 16 as if fully set forth herein. 18. At all times relevant to this matter, Plaintiff has claimed rightful and legal possession of the Motor Vehicle. 19. On or about September 9, 2001, Plaintiff spoke with Voegele regarding a dispute over the Contract, where Voegele requested possession of the Motor Vehicle due to Plaintiff breaching the Contract. 20. During the conversation on September 9, 2001, Plaintiff refused to return possession of the Motor Vehicle to Voegele, claiming that Plaintiff continued to have legal possession of the Motor Vehicle because he had not breached the Contract. 21. Plaintiff continued to keep the Motor Vehicle on his premises and did not hold the premises open to Voegele. 22. On or about October 4, 2001, Plaintiff returned to his residence and discovered that the Motor Vehicle was missing. 23. The Motor Vehicle is now in Voegele's possession. ',I" , 0' '". ,1<,' "" 1~'l(U::l\~~;; 24. Voegele refuses to return possession of the Motor Vehicle to Plaintiff. 25. As a result of Voegele's actions on both September 7,2001 and October 4,2001, Plaintiff has been unable to commercially use the Motor Vehicle because the Motor Vehicle was taken from his possession. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Edward Voegele in an .amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus other reasonable costs. In the alternative, Plaintiff requests this Honorable Court to enter judgment in favor of the Plaintiff through specific performance by requiring Voegele to return possession of the Motor Vehicle to Plaintiff. Count llI-Breach of Contract 26. Plaintiff incorporates by reference all of the allegations and averments contained in paragraphs I - 25 as if fully set forth herein. 27. At all times relevant to these proceedings, Plaintiff has had a rightful and legal interest in the possession of the Motor Vehicle. 28. At all times relevant to these proceedings, Plaintiff has substantially complied with and fulfilled the terms of the Lease. 29. Glen Moore's actions on September 7, 2001, as stated above, violated the terms of the Lease because Plaintiff had full and complete legal right arid authority to the Motor Vehicle. 30. Before terminating the Lease, Glen Moore never made a good faith effort to determine whether Plaintiff still retained rightful possession of the Motor Vehicle. I II - "" , J J'~ l.LL "'-' ",,,,,~,,"," ,,~" r'''iJ.'''tlfi'IllIJiM' ;~" .. 31. Upon tenninating the Lease, Glen Moore fOlWarded the payment for the week ending September 8,2001 to Voegele, which Plaintiff was entitled to receive under the existing Lease. 32. As a further result of Glen Moore's actions, Plaintiff has been unable to operate his Motor Vehicle in accordance with the terms of the Lease, since the date of September 7, 2001 to the present. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Glen Moore in an amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus other reasonable costs. ' Respectfully submitted: ROBINSON & GERALDO Date: rJ-/i/- Of By: lLJi:iA) Andrew H. Shaw, Esquire ROBINSON & GERALDO Attorney LD. No. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff ! \ I !; 1\ II .1. 'iii-' ~ 111 ~ ' ,,"" ~ -""''''~''';'J,i, VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. M~ Donal~or " -. ,. -j .. .' ...'.,'.u.~'"" ", ~"~~..~M~~;'\'-': ',t,;,,:' DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CML ACTION - LAW CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certif'y that on the 14th day of December, 2001, I caused a true and correct copy of the AMENDED COMPLAINT to be served upon the following individual by first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania. Michael J. Hanft, Esq. Attorney for Edward Voegele 19 Brookwood Avenue Suite 106 Carlilse, PA 17013-9142 1. Jay Cooper, Esq. Attomey for USF Glen Moore, Inc. Goldberg, Katzman, & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 By: 'j~~ Lr Andrew H. Shaw, Esquire . . ROBINSON & GERALDO . ATTORNEY 1.0. NO. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 Attorney for Plaintiff ,-, ~ , I " , I ~ - I Edward D. Voegele and Donald S. Taylor have an agreement of a lease purchase 2000 Freightliner Classic. Vin # IFUPCS7BIYLB86496 As of July 1,2000. As of July I, 2000 Donald S. Taylor assumes all responsibility. EXHIBIT .ll J: B A rI1 - "-'^ ~I.;\"" "t~t!f~~LJj~~,~J, . - " - -. ,': 'I'~ > ..JJt:'~""L~~~~l1[";'~",~~",:t"'.:,~~:,~"~iAdLi:;J>1i,,"'" USF GLEN MOORE, INC. Ow:-."ERlOPERA TOR EQUIPMENT LEASE AGREEMENT LEASE# 9292 USF Glen Moore, Inc., of Carlisle, Pennsylvania, a motor carrier holding operating authority in ICe DOCKET NO. MC-192952 (hereafter "USF Glen Moore, Inc." or "Lessee") and DON S. TAYLOR of the motor vehicle equipment described below and leased herein (hereafter "Lessor") hereby enter into and agree to be bound by the Equipment Lease Agreement (hereafter "Lease") in accordance with the rules and regulations of the Interstate Commerce Commission (ICC). \. PARTIES: The parties to this lease are the parties indicated above and any of their agents, employees, conlractors, drivers, or successors-in-interest. Where applicable, the terms used herein sball have the meaning ascribed by the Ice in 49 C.F .R. 1057.2. The parties agree that any of the;' agents or other representatives to whom this Lease is entrusted are hereby duly authorized to sign and perform this Lease on behalf of their respective parties. 2. COPIES: This lease shall be signed and executed in at lease three (3) copies, each of which shall be considered an original. One executed copy (known as the lessee- cartier's copy) sball be retained by USF Glen Moore, Inc. One executed copy (known as the Lessor's copy) shall be retained by Lessor. One executed copy (known as the equipment copy) shall be carried on the leased equipment during the period of this lease, unless a certification statement is carried on the equipment instead, pursuant to 49 C.F.R 1057.1 1 (c)(2). 3. EQUIPMENT TO BE LEASED: For and in consideration of the agreed rental and the covenants, terms and conditions set forth herein, Lessor hereby leased to USF Glen Moore, Inc., and USF Glen Moore, Inc. hereby rents, hires and lets from Lessor the motor vehicle equipment described in Appendix C. Lessor warrants to USF Glen Moore, Inc., that the equipment described in Appendix C is not subject to any existing lease, that Lessor is the "owner" of the equipment within lhe meaning of 49 C.F.R. 1057.2 (d), and that l.essor bas full and complete legal right and authority to lease such equipment pursuant to the terms of this lease. 4. QUALlFACATION OF LESSOR: In order to be qualified to perform the required services pursuant to this Lease, Lessor shall maintain and provide Lessee, upon request, with adequate proof of the following (a) Ownership and title of the equipment described in Appendix C, or Lessor's right to exclusive use of such equipment for a period longer than 30 days. (b) State certification and commercial' driver's license authorizing Lessor or his driver to operate and use the equipment described in Appendix C. Insurance in the type amount specified in this Lease; and Financial statements and/or other related documents establishing Lessor's financial responsibility and ability to conduct his business; Results of drug and alcohol tests for each driver and operator of the equipment leased hereunder, given pursuant to Section I 0 (c) of this Lease, indicating negative results of such test. Any (c) (d) EXHIBIT ~ ~ B ',,- ~ ~ _~":~~..<!L[ .~;~~~.:....;.~:,~-~-" ~lJ';';w.,J;c . operator for whom such drug and a1cohollesl produces a positive finding, shall DOl be qualified 10 . operate the leased equipment, and the services of such driver or operator will not be accepled by USF' Glen Moore, Inc. 5. RECEIPTS AND RECORDS: Upon taking possession of the equipment, USF Glen Moore, Inc. shall furnish Lessor with a receipl for such possession Slating the date and time of day when possessioD of the equipmen! is taken by US~ G~en Moore, Inc., and identifYing the equipmeDt to be leased. The receipl may be transnntted of commWllCallOD. When USF GleD Moore, Inc. surrenders possession of the equipment to Lessor upon lermination of this Lease, Lessor shall furnish a similar receipt to USF Glen Moore, Inc., identifying the equipment and the dale and time of day wben possession thereof was returned 10 Lessor. This receipt may be transmitted to USF Glen Moore, Inc.by mai~ telegraph, or other similar means of communication. USF Glen Moore, Inc. shall maintain those records regarding the leased equipment required by 49 C.F.R. 1057.1I (d). 6. IDENTIFICATION OFEQUlPMENT: (a) During the period of this lease, the leased equipment shall be marked to identify USF Glen Moore, Inc. as the.operatingcanier in accordance with 49 c.F.R. 1057.11 (C) and 1058. USF Glen Moore, Inc. agrees to furnish such identification for equipment to Lessor, and Lessor agrees to display such identification thereon in the manner required by all applicable laws and regulations. (b) When the equipment is not in actual and authorized Use for USF Glen Moore, Inc., Lessor agrees to remove from the leased equipment, all signs, placards, and identification devices displaying USF Glen Moore, Inc. name and ICC clo<:ket number. Moreover, upon tennination of the Lease; Lessor shall also return to USF Glen Moore, Inc., all other property (such as, but not limited to, peanits and authority packets) furnished by USF Glen Moore, Inc. to Lessor. Such identification devices and other property of the Lease at Lessors expense by first-class mail, postage prepaid. As provided in Section 12 (c), and hereof, the return of all identification devices is a condition precedent to fmal payment to Lessor and to the return of the escrow fund. 7. DURATION OF LEASE AGREEMENT: (a) This Lease shall commence on the "effective dale and hour" specified in the fmal paragraph hereof, and shall continue in effect unlil teanination in tbe manner described below. (b) After this Lease has been in effect for 30 days, it may be terminated by either party on ten (10) days' notice, by mailing or delivering to the other party two copies of a written notice of teanination (except that USF Glen Moore, Inc., may teaninate this Lease sooner for breach, as described below). Tennination shall be effective either upon tbe II th day after receipt of the termination notice, or at such later date as may be specified in the notice, or at sucb later date as may be specified in the notice. The party receiving notice of tennination sball receipt the copy of such notice and return such receipted copy to the other party. (c) Any USe of the equipment outside the scope of this Le~e by Lessor. is a specifically desiguated breach which automatically terminales this Lease and ends responsibility for the leased equipment, unless otherwise agreed in writing by USF Glen Moore, Inc. (d) The lessee may tetminate this Lease immediately by oral communication (followed by written confirmalion within 30 days) for any of the following reasons, each of which constitutes a breach of this Lease: (I) Lessor's failure to furnisb the equipment described in Appendix C or keep such equipment in good operating condition in accordance with all appropriate safety requirements, including those of the U.S. Department ofTransportation (DOT); (2) Lessor's failure to make available at all times a competent driver, properly qualified under DOT, state and other safety regulations; (3) Lessor's failure to comply wilb reasonable requests by USF Glen Moore, Inc. for adjustment of equipment necessary to render useful or effective service, inclnding furnishing necessary supplemental equipment; (4) the loss, damage. destruction, or lbeft oCa L-,' ":., :UI!!ilU, 'illlC01.til1'-L,.,,~'.~,,1i:..~' ~:y 'jJ~!~~~" trailer being operated by, or in the possession of Lessor; and (5) violation of any covenant or other provision of this Lease. 8. PURPOSE AND OPERATIONS: (a) It is understood that, during the lenn of this Lease, USF Glen Moore, Inc. shall have exclusive possession, control and use of the leased equipment, and thatUSF Glen Moore, Inc. assumes complete responsibility ror its operation during such tenn, to the extent required by 49 C.F.R. 1057.12 (c). (b) Lessor agrees to follow lhe instructions ofUSF Glen Moore, Inc., regarding the use of the leased equipment during the term of this Lease, and to indemnify USF Glen Moore.lnc., against any liability resulting from the use of the equipment leased herein, as more fully described in Section 15 below. (c) The perfotrnance of this Lease shall be in accordance with all laws, regulations and requirements of the ICC, DOT and all other appropriate public bodies (hereinafter collectively referred to "governmental regulations"). Lessor shall comply and shall cause its driver to comply with all governmental regulations, and Lessor agrees to indemnify USF Glen Moore, lnc. against and to hold USF Glen Moore, Inc., hannless for any violations of such regulations. (d) Lessor shall report all accidents, claims, losses, damages, shortages, over-weights, or overages to USF Glen Moore, Inc. immediately, and shall provide USF Glen Moore, Inc. with all written reports affida\.its, or other assistance as may be necessary to investigate, sellle or adjudicate such matters. (e) Lessor agrees to operate the equipment fonn origin to destination over Lessor's choice oflegal routes. Lessor expressly agrees to make timely and safe deliveries of all loads, and also agrees to notify USF Glen Moore, Inc. when delivery has been made or when delivery will be delayed for any reason. Should Lessor for any reason fail to complete delivery of a load accepted, USF Glen Moore, Inc. may arrange for completion of such delivery at Lessor's expense, and completion of the trip involved in order to reduce or limit USF Glen Moore, Inc's. liability. Lessor hereby waives any recourse against USF Glen Moore, Inc. in such action and agrees to reimburse USF Glen Moore, Inc. for any cost and expense arising out of completion of such trip and to pay USF Glen Moore, Inc. any damages for which USF Glen Moore. Inc. may be liable to the shipper or others arising out of Lessor's failure to complete the trip. 9. ASSIGNMENT AND SUBLEASING; Neither party may assigu this Lease. However, during the tenn of this Lease, USF Glen Moore, Inc. shall have the right to sublease the equipment as if it were the owner of such equipment, and USF Glen Moore, Inc. shall be relieved of exclusive possession, responsibility and control over the leased equipment during the period of any such sublease. 10. COST OF OPERATION; (a) Lessor agrees to deliver to USF Glen Moore, Inc., the lease equipment in good running order and condition, and to maintain the equipment, at Lessor's own expense, in good working conditio'7 furnishing all necessary items (such as oil, fuel, tires, parts, supplies, and repairs ror the operation of said equipment. Lessor further agrees to keep the equipment clean and to comply at Its own expense with all safety and other requirements mandated by any pertinent governmental regulations. Lessor shall, at its own expense, immediately make such mechanical correction or other adjustments and repairs as are necessary for the equipment's proper operations. USF Glen Moore, Inc. has the right to inspect the equipment at any time. (h) Lessor shall be responsible to pay for all other costs of operation of the equipment which are not specifically required herein to be paid by USF Glen Moore, Inc. Such operational costs to be borne by Lessor include, without limitation; fuel and fuel taxes; weight tickets; tolls; fares; base -~" ~~ " ...._-~-"'- ~ ';-',1. .. .,...;,~",,",,' "i~'- ,- '- :11M:~'::L,~ . plates and licenses; d~lention and accessorial services; any unused portions of the foregoing items; mamtenan~e and repalf .costs; wages and remuneration of operators, drivers and helpers, including, but not )Jffi1ted to, oveIl1me and bonuses; personal iIljury and property damage inswance relating to the equipment as funher described in Section 14 below; workers' compensation premiums, unemployment insurance, social security payments or other similar insurance; laxes or benefits relating to the operators, drivers and helpers; axle, weight and other taxes, fees, charges, assessments or exactions relating to the equipment, including mileage and highway taxes and all reports connected with such mailers; liability for property damage and personal injwy exceeding the scope of insurance coverage; and, except as otherwise provided in this section 10 (b), all fines and peoalties arising out of the use of such equipment. Except when the violation results from the acts or omissions of Lessor, USF Glen Moore, Inc. shall assume the risks and cost of fines for overweight and oversize trailers when the trailers are preloaded, sealed, or the load is containerized, or when the trailer or lading is otherwise outside of Lessor's control, and for improperly permitted over-dimension and overweight loads and shall reimhurse Lessor for any fmes paid by Lessor. Lessor should weigh equipment at nearest set of scales to be sure that axle and gross weights meet prescribed weights by local, state and federal regulations, or be authorized by a USF Glen Moore, Inc. dispatcher to continue to continue trip. (c) Lessor shall furnish, at its own expense, the drivelS and other personnel necessary to operate the equipment leased herein. Such drivers and other personnel shall be exclusively the employees of lessor, shall be at lease 21 years of age, have proper operators' licenses, and shall be in compliance with all Federal and State regulatory requirements pertaining 10 physical examinations and drivers test. Lessor funher agrees to keep records of and pay all taxes, payroll deductions and insurance premiums relating to such drivers and personnel (including, but uotlimited to, all social security taxes, sickness aud accideut taxes, insurance premiums, and other payroll withholding and similar deductions or taxes). Subject to USF meu Moore, Inc. '5 obligations under pertinent governmental regulations, all drivers, helpers or other personnel eugaged by Lessor in the performance of Lessor's obligations under this Lease shall be solely under the coutrol aud direction of Lessor. Lessor funher represents that the drivers and operators furnished for the equipment are familiar with, and will obey, all applicable governmental regulations; that the drivers aud operators will cooperate with USF Gleu Moore, Inc. in complying with all governmental regulations and providing a complete transportaliou serve; that the drivers and operators will take such tests as may be prescnbed by USF Glen Moore, Inc., including, but not limited to, screeruug for the presence of drugs audior alcohol aud cooperate in such tests and in such safety aud training programs as may be administered by USF Glen Moore, Inc.; and that Lessor or its employees will promptly file with USF Glen Moore, mc., all log sheets, physical examination certificates, accident reports, copies of workers' compensation insurance policies, and other reports, documents and data required by law or by USF Gleu Moore, Inc. At the commencemeut of this Lease, Lessor shall provide USF Glen Moore, Inc., with the Certificate of Driver Qualificatiou and Hours ofSemce Cortificatiou for the leased driwr. (d) USF Glen Moore, Inc. will supply all pennits to Lessor at the inception of the Lease, and will deduct the cost of said pennits (See Appendix B). Upou tenninatiou of this lease, Lessor shall return all permits (transferable and nou-transferable) to the Lease. II. COMPENSATION: (a) 'USF Glen Moore, Inc. agrees to pay Lessor for the reutal, use aud operation of the equipment leased herein, compellSatiou as provided in Appendix A which is attal:hed hereto and mad~ a part hereof, less charges and deductions as provided in this agreement. Where the Lessor's equ:pment is used in lease iuterchange operations with other carriers, all payments made to other camers, all payments made to other carriers in connection with that use shall be deducted from the Lessor's compensation. (b) It is expressly uuderstood that USF Gleu Moore, Ine. does not guarantee Lessor any amount of freight for transportatiou during any period of time -~ ~~~ J l ~ _. ,_ l,. 1,- . -LUllsr',",:,g'at~!M~ 12. SETTLEMENT: (a) Pa~~ts by U~F Glen Moore, Inc. to Lessor for the use and operation of the leased equipment in a tnp m the sernce ofUSF Glen Moore, Inc. shall be made within ten (10) days after submission to USF Glen Moore, Inc. of driver log books required by DOT and documents necessary to secure payment from the shipper, including bills oflalling (to which exceptions have been taken) or shipping orders; signed delivery receipts; and any specific documents required by the shipper. In addition, after completion of each trip in the service ofUSF Glen Moore, Inc., Lessor shall submit to USF Glen Moore, Inc., all interchange papelS; fuel purchase receipts; damage reports; state or federal inspection reports; accident reports: driver daily vehicle condition reports; weight slips; trip manifests; toll receipts; detention, mileage, and log report; and any other reports required by governmental regulation. (b) Upon termination of the Lease, as a condition precedent to final payment, Lessor shall remove from the equipment, and return to USF Glen Moore, Inc., all equipment identification devices of USF Glen Moore, Inc. as provided in Section 6 (b) of this Lease. If the identification devices have been lost or stolen, a letter from Lessor certifying the removal of sucb devices from the equipment ...ill satisfy this requirement. Until this requirement is satisfied, USF Glen Moore, Inc. may 'Withhold final payment. 13. CHARGE BACKS: USF Glen Moore, Inc. expressly reserves its right under C.F.R.. 1057.12 (b) 10 initially pay any of the expenses which are Lessor's responsibility under this Lease, subject to USF Glen Moore,Inc.'s right to deduct such prepaid items from Lessor's compensation. Lessor hereby authorizes USF Glen Moore, Inc. to make deductions each week from rental charges to be paid Lessor for any monies authorized and/or expended by USF Glen Moore, Inc. au behalf of Lessor including, but not limited to, license tags, vehicle registration and title fees, permits, cash advances, equipment, repairs, fuel loan payment, all insurance payments (including, for example, but notlirnited to liability, medical and worker' compensation), trailer or other equipment rental fees, tax stickers, and tractor payments. USF Glen Moore, Inc. will deduct $1,000.00 from settlement for deductible on physical damage on trailelS and $1,000.00 for cargo insurance deductible. The amount of the expense charged back to Lessor shall be the amount which USF Glen Moore, Inc. was required to payor advance. USF Glen Moore, Inc. shall provide Lessor with a written explanation and with copies of those documents which are necessary to detennine the validity of the deductions. Any such payments by USF Glen Moore, Inc. on behalf of Lessor, shall be repaid in full by Lessor within thirty (30) days, shall be paid by Lessor. 14. INSURANCE AND RESPONSIBILITY: (a) USF Glen Moore, Inc. shall maintain insurance coverage for the protection of the public pursuant to and in the amounts required by Interstate Commerce Commission regulations promulgated under 49 V.S.C. 10927. VSF Glen Moore, Inc. shall secure such insurance, shall maintain the insurance in its own name, shall be responsible for paying the premiums on such insurance, and shall file evidence of such insurance with the Interstate Commerce Commission, (b) VSF Glen Moore, Inc. shall be named as an Additional Insured under Insurance Service Office from No. CA 23 12 (TRUCKER'S - Named Lessee as Insured) with respect to all insurance obtained by Lessor in connection with this Lease. Lessor shall furnish USF Glen Moore, Inc. with Certificates of Insurance evidenchig this insurance and stating that coverage cannot be cancelled or materially changed without thirty-days advance written notice to USF Glen Moore, Inc. Lessor shall be responsible for physical damage, theft or loss to the leased equipment without regard to the cause thereof. Lessor shall obtain and maintain statutory Workers' Compensation or other insurance, and shall pay all costs thereof, relating to drivers or other persOlmel furnished in connection with the leased equipment. A Certificate ofInsurance evidencing such coverage shal1 be provided to USF Glen Moore, Inc. " . . ~' .-r"~~~~I.liJiflf' . (c) U'~~ Glen Moore. Inc. reserves the right to make deductions from Lesson; compensation for losses ansmg OUI of Lessor's failure 10 maintain the required insurance. USF Glen Moore, Inc. will . furnish Lessor with a written itemized explanation of such deductions before deductioDS are made for such losses. (d) Nothing contained in this Section 14 shall be construed to in any way limit the liability ofUSF Glen Moore, Inc. to the public in connection with the use of the leased equipmenl under this lease. I 5. INDEMNIFICATION: In addition to any and all other remedies provided under this Lease, Lessor specifically agrees to indemnify USF Glen Moore, Inc. and hold USF Glen Moore, Inc. harmless, through deduction or payment, from any and all claims, suits, losses, fines, thefts, damages, liabilities, costs, or other expenses arising out of, based upon, or incurred because of injwy to any person or persons or damage to any property sustained or which may be alleged 10 have been sustained in connection with this Lease or as a result of the use of the leased equipmenl during the term of this Lease, including, but nollimiled 10, any violations of governmental regulations; loss or damage 10 cargo. equipment or other property; persoOat injuries; workers' compensation claims; and the unauthorized use oflbe leased equipment Additionally, Lessor expressly releases and discharges USF Glen Moore, Inc. from any and all claims and liahility arising in conneclion with this Lease. 16. EQUIPMENf OR PRODUcrS: Lessor is not required to purchase or rent any products, equipment or services from USF Glen Moore, Inc. as a condition to entering this Lease. However. if the Lessor is party to an equipment purchase or rental contract which authorizes USF Glen Moore, Inc. to make deductions from Lessor's rental payment, the material provisions of such conlract will be set forth in an Appendix to this Lease. 17. CONDUCT OF LESSOR: Lessor andlor its drivers shall conduct themselves in such a manner as to preserve good relations with Ilie public so as not to adversely affect the satisfacloryperfonnance ofUSF Glen Moore, Inc.' s contracts with its customers. Failure to do so, will be considered a breach of this Lease and can result, in the discretion of USF Glen Moore, Inc., in the termination of Ibis Lease. 18. PERMITS AND DECALS: AI the tennination of the Lease, USF Glen Moore, Inc. requests the return of all equipment identification devices and other property (such as, but not limited la, trailers, permits, placards and authority packets) furnished by USF Glen Moore, Inc. to Lessor pursuant to Section 6 oflhis Lease. Lessor pays all of the expenses and liability for which it is liable hereunder and returns all equipment identification devices and other USF Glen Moore, Inc. property to USF Glen Moore, Inc. or final settlement may be held. 19. COLLECTIONS AND REMmANCES: In the event Lessor is required to collect monies due USF Glen Moore, Inc. for transportation of commodities, Lessor will collect the same by certified check or money order payable to USF Glen Moore, Inc. together with any and all charges arising oul of or in connection with said transportation in accordance with the bill of lading, shipping contract, or other written instructions covering each shipment transported hereunder. Lessor will remit all collected monies together with properly signed bills of lading and inventories to USF Glen Moore, Inc. no later than twenty-four (24) hours after making colleclion. Lessor is not authorized to extend credit or make any adjustments in any of the terms of collection excepl upon prior written authorization from USF Glen Moore, Inc. Lessor agrees that no shipments hereunder will be delivered until all C.O.D. charges have been collected by certified check or money order unless otherwise instructed by USF Glen Moore, Inc. Any losses resulting from theft, default or failure by drivers of oiber employees of Lessor relative 10 the return and transmIttal or mouies so collected shall be borne solely by Ilie Lessor. 20. INDEPENDENT CONTRACTOR RELATIONSHIP: (a) It is the intention of the parties to this Lease that Lessor shall be and remain an independent. contractor. Nothing herein contain~ shall be consl!"ueq as inconsistent with thai status. Neuher Lessor nor the employees, agents, or servants ofUSF Glen Moore, Inc. at any time, under any _=" ~ _u_ ~b , I, . ~ ." ~.:.> ......k.."'ji;fu""'o,i.-",,,;"kf,+' . circ~tances, or for any pwpose, nor shall any obligatio?S imposed on USF Glen Moore, Inc. by opeJ1ltlon of any federal, slate, or localla\\" be deemed to 10 any way aller the independent conttactor Slatus of lessor and its employees, agents, or servants. (b) Su?je~t!o the requirement of the ICC and DOT and of any state regulatory agency having JunsdlChOD, Lessor shall be solely responsible for the direction and control of the employees, agents an~ servants of Lessor, including selecting, hiring, firing, supervising, directing, assigning work, settmg wages and hours and working conditions, paying, and adjusting grievances of such employees, agents and servants. II is the inlent of this Section to reaffmn that while Lessor shall be required to meet all obligations assumed hereunder, Lessor is entitled to exercise the discretion and judgement of an independent conttactor in determining the methods to be used in so doing. (c) Lessor shall indemnify and save USF Glen Moore, Inc. harmless from any liability for wages or benefits for Lessor's employees, agents or servants, and for any costs or expenses of, liability whatsoever to, laws, workers' compensation laws or any other stale or federal law applicable to employees or employers. or othernise. 2 L SATELLITE SECURITY DEPOSIT: (a) Lessee may, in its sole discretion and for the establishment of a damage fund, deduct from the first and second settlement to Lessor under this U;ase, the miniIitum of$4oo.00 for each piece of equipment listed on Appendix B and leased hereunder. (See Appendix B) (b) Reserve for Repairs (optional) - $100.00 per week for 25 weeks. (c) The conditions the Lessor must fulfill in order to have the escrow fund returned upon termination of the Lease are: (i) Return of all non-transferable and transferable fuel permits for the leased equipment; (ii) Return to Lessee of all signs, placards, equipment devices, permits, decals. plates, satellite communications. equipment including components necessary for its operation, authority packets. and other documC'llts and property belonging to Lessee; and At the time of the execution of such release. and the termination of this Lease, Lessee may deduct from the escrow fund monies for those obligations incurred by the Lessor which have been previously specified in this Lease, and shall provide a rmal accounting to the Lessor of all such final deductions made to the escrow fund. Lessee agrees that in no event shall the escrow be returned no later than forty-five (45) days from the date of termination of this Lease. After final settlemC'llt bas been made, any charges which may arise or become due which are the responsibility of the Lessor under this Lease will become this liability of the Lessor. 22. SAVINGS AND SEPARABILITY CLAUSE: Should any provision of this Lease be rendered or declared invalid by reason of an existing or subsequently enacted legislation or by reason of any decree of a court of competent jurisdiction, such invalidation of such portion or portions shall remain in full force-and effect. 23. EFFECTIVE DATE AND HOURS: In WiOless ......hereof, USF Glen Moore, Inc. and Lessor have read and understood the terms and conditions contained herein and hereby sign this Lease th 1ST day of JULY, 2000, at 0800 HOURS which date and hour shall be the EFFECTIVE DATE AND HOUR of this Lease (and which shall coincide with the giving ofUSF Glen Moore, Inc.'s Equipment Receipts). 1IIOIOI!lIIill___~- - "'--' ; .:~ J..,"L I ,1 L J!ll:tIU _It:hl.t..-&f. ~".~ ~,..': . , -_ikI;~"k;l~L( . . USF GLEN MOORE, INC. . POST OFFICE BOX 760 LESSOR'S NAME: DON S, TAYLOR ADDRESS: 437 MEADOW LANE CARLISLE, PENNSYLVANIA 17013 SHERMANSDALE, PA 17090 TELEPHONE# (717) 582-4572 '11 ~" : u" r ,-H","':V'I ",. .~'"-~~_,,\;'I . . , APPENDIX A COMPENSATION UNIT #: 9292 OWNER: DON S. TAYLOR $.80 Per Mile For All Miles Traveled Under Dispatch Based On USF Glen Moore Inc.'s most current version of PC MILER in its' possession. $20.00 Per stop after the firsi stop off under the same load # Driver will be compensated for hand loading or unloading at the rate that is received and approved by either the shipper or consignee, and dispatch. LU,.. . - "- ,~.'_,t..t.,:'~~~.-, .~,~ ~'-'~i!;~'~~kr~:"'d,- . c APPENDIX "B" USF GLEN MOORE, INC. INDEPENDENT CONTRACT OPERATING AGREEMENT WEEKLY SCHEDULE FOR DEDUCTIONS Unit#; Owner/Operator Name: Address; Phone #; VfN#; Year; Social Security #; Cell PhonelBeeper #; Make: Model; Federal ID #; *Contractor, please initial to authorize weekly deductions. Initial T YDe of Deduction Lease Payment Tags Perinits Satellite Security Deposit Fuel Card Fuel Taxes Physical Damage Bobtail Liability Occupational Accident Reserve for Repairs Heavy Vehicle Usage Tax Dental Insurance - Employee Only Dental Insurance - Family Health Insurance - Employee Only Health Insurance - Employee/Child Health Insurance - Employee/Spouse Health Insurance - Family I hereby agree to the above deductions. Signed: Date: Amount $ Weekly $ Divided by 52 Weeks $402.00 divided by 52 Weeks $400.00 ($25.oo/wk until $400.00 is paid) Varies Weekly $25.00/Week 3.1% of Value of Unit $8.00/Week $29.50/Week $lOO.OO/Week for 25 Weeks $550.00 Divided by 52 Weeks $4.00/Week $11.00/W eek $37.69/Week $67.84/Week $ 82.91/Week $107.04/Week ~' ~ 'I', - .' " . ' ":.,, . APPENDIX "C" LESSOR'S RIGHT TO EXCLUSIVE USE O-D UNIT# 9292 OWNER: DON S. TAYLOR ADDRESS: 437 MEADOW LANE SHERMANDALE, PA 17090 PHONE#: (717) 582-4572 FEDID#: DATE OF Bmm: 02-27-56 SOC.SEC#: 196-44-1767 EQUIPMENT INFORMATION: YEAR: 2000 MAKE: FREIGHTLINER VlN#: IF UPCS ZB I YL B8 64 9 6 GROSS WEIGHT: 80,000 UNLADEN WEIGHT: 18,000 TAG#: STATE: PENNSYLVA.''lIA ,,~<o J,~.._,_ . .~ L!!!:'li!~ _,' J,::~;~'_~:<'- > '''''~,;i! " .., r. ~ I "I) 'll _' :~, ~,~ ",h' 1t'Mt~t'< ,...,~J" "~'. 'W_'X. ,', .' '. '., ",: . , , '''~~"};iio,:1';:''v:~:; , "','.' ~ .; . I Edward D. Voegele and Donald S. Taylor have an agreement of a lease purchase 2000 Freightliner Classic. Vin # IFUPCS7BIYLB86496 As of July l,2000. As of Julyl, 2000 Donald S. Taylor assumes all responsibility. ..--- / ,// '//r Donald'S. Taylor <- ~ ~,Jt"'1_"'';';''''';''~'--' .",h "" Iii"'" "-~ .,-"" )t~",.-,,~~, ,'~""_ ~_~~_. ~_.. '.,,' -~~~id:,,~jHiii:J"- .. . ,~.~ J""'70-",,,^.'n?'~"',"'~!" " ,'...., , ~C',.""""""'''liI:B.III!1ll~~- ~~~=,,',~" ",,,,.,,"''''_ ,..7_ .." '~"'''' ,," ~,_" ''Kj''iirt= ,.<~..~'.-. ,~ 'o',.,c, ". , \. ,. .. C) ~ C - ,.;., .-, -i~ .- - t~ _..!~ ~. C) r;-: C , - ~:j ,'1 .. C) -~ , ::~ . <.. .. ) r1 ...> - I .,,) ::::.:~ --1 =' :t:-~ =< ::;:J ,0 -< "'~~.""'. ,,~. "'"" ,~ '"~ ~" . .........""" "",.,Ii ,-,,, , ~ . I ~, "'.',F. ." .""",,';", '--,~:"<0"~h>_ ,,', _~""'\,"",," . DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMO~PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW PLAINTIFF'S ANSWER 1'0 DEFENDANT USF GLEN MOORE'S NEW MATTER AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his Attorneys, Robinson & Geraldo, and files this ANSWER TO NEW MATTER, and in support thereof states as follows: 33. Denied. Plaintiffs Complaint clearly pleads the elements for Breach of Contract. 34. Plaintiff's Amended Complaint did not demand attomey's fees. Therefore, no responsive pleading is required since Defendant's averment is in error. 35. Denied. 36. Denied. Defendant USF Glen Moore assumes a legal fact that is in dispute in this to Plaintiff, and proof thereof, if relevant, is demanded at trial. proceeding. 37. Denied. Plaintiff denies that any written notice was ever delivered from Glen Moore 38. Plaintiff is without sufficient knowledge or information to form a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial. 39. Denied. Defendant USF Glen Moore continued to make payments to Defendant Voegele even though the contract was between Plaintiff and Glen Moore. , ;"-,, ,- '_I, -'~ '.' [.; L.',-,-,~-L' '~>":J,,"C');~, ~ " .' ,,',L-" "'~ - '''''"I,'Ac,...-ki 40. Denied. Paragraph 40 is a legal conclusion to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Glen Moore in an arnount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus other reasonable costs. Respectfully submitted: ROBINSON & GERALDO Date: I~;;l]-O,,;:z. By: dj~f'~ Andrew H. Shaw, Esquire ROBINSON & GERALDO Attorney LD. No; 87371 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff 2 II II - '~ - ~. ~",' '. ,~ ''''~''''w,''''^'''' ~<-"""',h"';'i~:>l?i:.*,;;; DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certif'y that on the 23rd day of January, 2002, I caused a true and correct copy of the PLAINTIFF'S ANSWER TO DEFENDANT USF GLEN MOORE'S NEW MATTER to be served upon the following individual by first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania. Michael J. Hanft, Esq. Attorney for Edward Voegele 19 Brookwood Avenue Suite 106 Carlilse, P A 17013-9142 J. Jay Cooper, Esq. Attorney for USF Glen Moore, Inc. Goldberg, Katzman, & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, P A 17108-1268 By: )jf,~d LJ Andrew H. Shaw, Esquire ROBINSON & GERALDO ATTORNEY J.D. NO. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 Attorney for Plaintiff i II '~"i',,>' -- "t'; '..,,,' l1.iiigi@ll!di~~!i!t,,:ffi-~~!"i_~-M-;;li<il.iiLil(j,j~{(J',__,,:!w~~jMimW-'l!OOi~i.:~:;r('''''' -,;, ,--'''- ~ ,'.' ,"."<,',"~ ,," '=~"="'"'=""""., ~,,,,~,~r~~' ,,~_ 1,0, ~",~,~'=..~'. ..~' ~~ . ~ ~~" "-'-' - () C.') CI C N --$: -'''f ,__ 'dO] :~ nln-; Z"'n ;:-~ .- :zF , N ' ~" l'li (rJ ;> c...:J :.QQ r:i "~'co (', r ;<b :1:'" -'~:.jC) 2>(1 --~.' -"1 :x ,'";.;:;;, -n Zcj ~'C >c 9:? cirri ~ :::I j:;! 'D ::0 -< '",- --'-..,.", ~"., "^",~",, ,,>,'",,=,~~~ Lilli , ., ~,' ,:.:", ""0" "-''<'''''~'''__frtWr>~ DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT EDWARD VOEGELE'S PRELIMINARY OBJECTIONS AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his Attorneys, Robinson & Geraldo, and files this ANSWER TO PRELIMINARY OBJECTIONS and in support thereof states as follows: 1. Admitted. 2. Admitted. 3. Paragraph 3 is a legal conclusion to which no responsive pleading is required. 4. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 5. Plaintiffs responses to Paragraphs I through 4 above are hereby incorporated by reference as if fully set forth herein. 6. Admitted in part and Denied in part. It is admitted as to Paragraph 5. It is denied as to Paragraph 6. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that the written contract did not state the terms or amounts for repayment. It is denied that the written contract merely memorialized that the parties had an agreement. i, II . ~- ..,' I, "'. "~-".'" - "'-'" '. ,",'. r.'~~; 9. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 10. Plaintiffs responses to Paragraphs I through 9 above are hereby incorporated by reference as if fully set forth herein. 11. Admitted. 12. Denied. 13. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 14. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 15. Plaintiffs responses to Paragraphs I through 14 above are hereby incorporated by reference as if fully set forth herein. 16. Admitted. 17. Denied. 18. Admitted. 19. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 20. Admitted. 21. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 22. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 23. Paragraph 23 is a legal conclusion to which no responsive pleading is required. 2 ~tI ~ ~ -"- "",i-.,.'. .~,,~," 0 >';:~:^"'~ ",,;-~~i;c.\ 24. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 25. Plaintiffs responses to Paragraphs I through 24 above are hereby incorporated by reference as if Wlly set forth herein. 26. Admitted. 27. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 28. Denied. See Paragraph 14 of Plaintiff's Amended Complaint. 29. Denied. 30. Plaintiff's Paragraphs I through 29 above are hereby incorporated by reference as if fully set forth herein. 31. Admitted. 32. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 33. Denied. See Paragraph 14 of Plaintiff's Amended Complaint. 34. Paragraph 34 is a legal conclusion to which no responsive pleading is required. 35. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 36. Plaintiff's Paragraphs I through 35 above are hereby incorporated by reference as if fully set forth herein. 37. Admitted in part and denied in part. It is denied that Plaintiff added emphasis to Paragraph 16 in the Amended Complaint. The rest of Defendant's Paragraph 37 is admitted. 3 . _" ~ r,,- ~ ,'I ',"" ~' ;-".,",")'-- ",< i:tih~i 38. Paragraph 38 is a legal conclusion to which no responsive pleading is required. 39. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 40. Plaintiffs Paragraphs I through 39 above are hereby incorporated by reference as if fully set forth herein. 41. Admitted. 42. Paragraph 42 is a legal conclusion to which no responsive pleading is required. 43. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 44. Plaintiffs Paragraphs I through 43 above are hereby incorporated by reference as if fully set forth herein. 45. Denied. See Paragraph 20. 46. Paragraph 46 is a legal conclusion to which no responsive pleading is required. 47. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further clarification, Plaintiff pleaded the required elements for a breach of contract. 48. Denied. See Paragraph 9 of Plaintiffs Amended Complaint. 49. Plaintiffs Paragraphs I through 48 above are hereby incorporated by reference as if fully set forth herein. 50. Admitted. 5 I. Paragraph 51 is a legal conclusion to which no responsive pleading is required. 52. Denied. 4 , ",'''',J '--'_r'" ; J ,_~, ~',~c' ,/, ,,~' ~';;':':"~;j ",'tC, -,\J,; "~"'~;'-:i~:,',",!,1M',,' WHEREFORE, Plaintiff respectfully requests this Honorable Court to strike Plaintiff's Preliminary Objections and to award to Plaintiff attorney fees incurred in answering Defendant Voegele's Preliminary Objections due to the Preliminary Objections being of a frivolous nature. Respectfully submitted, ROBINSON & GERALDO Date: / -.2 Q - 0,;2. By: d/~f~L Andrew H. Shaw, Esquire ROBINSON & GERALDO Attorney LD. No. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff 5 I II - , . " , "'.'u.. ,.- c,_"~,_ '-'---'-~18tdi,~, DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certif'ythat on the 29th day of January, 2002, I caused a true and correct copy of the PLAINTIFF'S ANSWER TO DEFENDANT EDWARD VOEGELE'S PRELIMINARY OBJECTIONS to be served upon the following individuals by first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania. Lindsay Gingrich Maclay, Esq. Attorney for Edward Voegele Hanft & Knight, P.C. 19 Brookwood Avenue Suite 106 Carlilse, PA 17013-9142 J. Jay Cooper, Esq. Attorney for USF Glen Moore, Inc. Goldberg, Katzman, & Shipman, P.C. 320 Matket Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 By: )j~T;(( L Andrew H. Shaw, Esquire ROBINSON & GERALDO ATTORNEY I.D. NO. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 Attorney for Plaintiff ~1ti~"'~~~~'iIA!leIBl\ijjfl!ijii6.1M~~1i~~~~'~M,a;i~;hJ<M;"gi:""ii!i:'i;.~JJ']'1l1~.=-- ^~.J t. J_J\,r~"<:f',"","'-w",,~'! ..~ ", '.. ""'''_,~, "'., 1~,.''t'""c.' ',~?, 0, :"'",,'f"'''',:J;'-, ,~'h', ,'l',,~l"w: ,,',",,~ ,. , lJrMU ,., ... ~ H ",. "". ~'- . .,",.., ;_,,, "-,I.. ,~'M"'," ',,"cl o ~;l~~ fTlf1"1 ~ ~~~'~ (r) ,~~ ..<; .:.~~-: ~l-, )0'0 ~n )>c z ~ ",'< ~.. "",~ c.") l...~J ",. r--.:, ,,0 :r:~ ~,) <::.:) ,~,,:,~ri o ::..~~ :':0 -< ,", ", .,,...."" ." o ,~ '"~ Co >, " -'" ',"^, . -"'-- ,'",,"'.~--- . - "'~ -'." :il~ DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA FEB 2 0 200~ V v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, THIS z'fYday of FY-6~ ,2003, upon considerati~n of Counsel's ! CU1 p:u 1'/4 Motion to Withdraw Appearance, a Rule is hereby issued on 1ib.e Plaiati<<Vea!ll.1! TlI)'lw to show cause why Andrew H. Shaw should not be granted leave of Court to withdraw as counsel of record in the above captioned matter. RULE RETURNABLE -z..-o days from the date of service. J. ",,'.." ""''''''~'~'''u,,,,,,,~ < 0 ",,_~~"~"'W~ ,'-, "'_M~ ~__',;v..~ '~ ,< m~'~'~~ ,'" ~, '""';"('''' "" *",' ~,,,,',~ ,",~",~,--~ :"'''OW"~\''-~r,,,,", .. ~... I~U Ill: ITJII"n~" - i, ''':''TIH'! cj" ... } I C.l " t111 ,~ ~ ~ ~ i2 JJ4 : ~ r, .' "'~ ~Q illl H). "'" N~3 (",'jj.HY r'\ FI,',; \~': 1:..) ':.J :"::~//. Vi .1,._.. ~ I~'~rl \1J\.~I,.1. '- CiFr\li\:::rtL-'/r\i II \ t.... --, ~,-~ - """',,,,""- . '. ,""...,",~,~,~!"f'""':'V'~~&~~ ~~"ffl.i!II;"70"'F~,,-Jl 'IC""~'~~~"""" , . >, ,","'" >'""C"~> ,',-,' ,I ,- ,', ,1"- ,',j'rr' -'1 ~,...;, ':,",,',,~-.,'''';'~'','< "~"-:~~~i~i DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. : Defendants CIVIL ACTION - LAW ORDER AND NOW, this day of , 2003, upon consideration of Counsel's Motion to Withdraw Appearance, Counsel's request for leave of Court is hereby GRANTED. The Prothonotary is hereby ORDERED to strike off the name of Andrew H. Shaw from the record of appearances. BY THE COURT: J. ''''<',J ,','_,._ - "..,1, '- -,"'- ,'~,'" '~,,"", ^'~'i ~ DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW MOTION TO WITHDRAW APPEARANCE AND NOW COMES Counsel for Plaintiff and requests leave of court to withdraw as counsel and in support thereof states as follows: I. Through prior correspondence, Counsel has requested Plaintiff to advise as to Plaintiffs desire to continue litigating this matter. 2. On January 6, 2003, Counsel sent Plaintiff a letter stating his intent to file a Motion requesting to be removed as counsel of record in the above referenced matter. 3. Plaintiff has failed to make any contact with Counsel since Counsel's request. WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court to grant Counsel leave of Court and grant Counsel's request to withdraw as counsel of record for the above captioned matter. Respectfully submitted, ROBINSON & GERALDO Date:d- /?~O;J By: '~rRL) Andrew H. Shaw, Esquire ROBINSON & GERALDO Attorney LD. No. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 ]0\ ,~ '. - ,"-,,- "." 'cJ - " "' ,1._ '--' --.'~'~" "." ~", ~..L~'.lt.fi\, CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certif'ythat on the 19th day of February, 2003, I caused a true and correct copy of the Motion to Withdraw Appearance to be served upon the following individuals by first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania. Donald Taylor 437 Meadow Lane Shermans Dale, P A 17090 Lindsay Gingrich Maclay, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Attorney for Edward Voegele J. Jay Cooper, Esquire Goldberg, Katzman, & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for USF Glen Moore, Inc. By: /LAJ1: L Andrew H. ShaW, Esquire ROBINSON & GERALDO ATTORNEY LD. NO. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 Attorney for Plaintiff I II ~L;;.;;:.""::ii.~~~;i';';:j:"~ Jiiilihi{r.lftf'~f" ~"' ~ "";t.~;'~~:'i!t~~~~~UltrUlillMr ",~~,J1Jll!lll'![ 1 (">', v"" c'-;' ~ c:_~ ,,],21 -'- 0'1 -:, ,--,) 1--"'''' ~,;; ,:jft CT:-' L;,," "-- <,-~::: =-:) () =~~.. """ _', ,,,,,,),,J,,,,,~"~,, _~"~""""~=~"""'~~'"c'" ~~"h'~'~,.'f"-":J"',,,, ,_",,.,.. , ".~,,"~ =,., I -<." ., '" -",,",.,'''- ~~. I".", ~, ;10\.'-'- ,:,.-. '. ,. . ";::""_ ,'"~;'<, ,~,--'."i;~ ,.",:, ,"'.> .~. , , ,. ,. DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW ORDER AND NOW, this <0' day of Ma..J.- , 2003, upon consideration of Counsel's Motion to Withdraw Appearance and Counsel's Motion To Make Rule Absolute, Counsel's request for leave of Court is hereby GRANTED. The Prothonotary is hereby ORDERED to strike off the name of Andrew H. Shaw from the record of appearances. BY THE COURT: /~ I, II ~~~~~~~~~~: ,'; ~;;.~~~"",,~~~~.~ttii-":''i.Il1ifbl'x-' <--~ '."'- '^'~ ,,","'~' ,.',', 'c',' "'-"", ,~",~ , I.~' ) t;"~. ";'- S-; ~5<,-r c;'~::2 ;~ :",:--:::=;;:. :.; ~:;--, ~~~i ~t: :::J U ,-'-- ':J ~~, ,~~" ,~,~,~,~,.H~,<",',~, '''",' ,x.~ .'~, ,~,">, _ _ _~ -~ <p '1J'" 2.:-- ~" ~.- .",-, "'" '^..::',,,,,- ""' fiSrtt . , ~" " .. ~ J ~ . " ~t , D , t i. - '. '--,~', ,,' "" ., '''"'""J, o,,~ "'_~~ ,'I" ,"', ",~,,~.,'''''ffl' ,r" ,~",-~ "_'I";''-,>,,{.' '",'" "-I~i""'> DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Counsel for Plaintiff Donald Taylor, and files this MOTION, and in support thereof states as follows: 1. On Februaryl9, 2003, Counsel filed a Motion To Withdraw Appearance. A copy of the Motion is attached hereto and incorporated as "Exhibit A." A copy of this Motion was served on all parties. 2. On February 24, 2003, the Honorable Kevin A. Hess executed a Rule to Show Cause on all parties, returnable within 20 days from the date of service. A copy of the Order is attached hereto and incorporated as "Exhibit B." 3. Pursuant to Local Rule 206-6 Counsel provided the Cumberland County Prothonotary with envelopes addressed to all parties in order for the Prothonotary to mail a signed order to all parties. 4. On or about February 25,2003, Counsel received a certified copy of the Order sent from the Cumberland County Prothonotary. 5. Counsel has no reason to believe that all parties have not been properly served and placed on notice of the Motion To Withdraw Appearance and the Rule To Show Cause. 6. More than twenty days have passed since the Prothonotary served all parties. ,I II -. - "~< ~-,-,- --". ~h ,,~ ,-', "'-,',-"",-',"'.~'~~ ,'..-';~",,, ",-";';",',J.," - ',~, ~~f;"lIr., 7. The parties have failed to file a response with this Honorable Court. WHEREFORE, since the parties have failed to file a response within the time period ordered by this Court, Counsel requests that this Court's rule be made absolute and Counsel Andrew H. Shaw's name be stricken from the record of appearances. Respectfully submitted: Date: --I:::- 17 -0 :> ::B1LG~;; fJtj Andrew H. Shaw, Esquire AttorneyLD. No. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff Donald Taylor 2 i. II .....,-".~ LI EXHIBIT A ._ ; 1- """ '~*",J.i:. ~ _. " _N' '"j>{-',",O;,~.Ici!ltJ."i'" DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 : EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants . . CML ACTION - LAW MOTION TO WITHDRAW APPEARANCE AND NOW COMES Counsel for Plaintiff and requests leave of court to withdraw as counsel and in support thereof states as follows: 1. Through prior correspondence, Counsel has requested Plaintiff to advise as to Plaintiff's desire to continue litigating this matter. 2. On January 6,2003, Counsel sent Plaintiff a letter stating his intent to file a Motion requesting to be removed as counsel of record in the above referenced matter. 3. Plaintiff has failed to make any contact with Counsel since Counsel's request. WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court to grant Counsel leave of Court and grant Counsel's request to withdraw as counsel of record for the above captioned matter. Respectfully submitted, Date:.;?-I?~O.J By: ROBINSON & GERALDO t~r~LJ Andrew H. Shaw, Esquire ROBINSON & GERALDO Attorneyl.D. No. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 - - , ,'_ I " .,~ ~~J.' , ~- '~.':.li<'" CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certif'y that on the 19th day ofFebmary, 2003, I caused a true and correct copy of the Motion to Withdraw Appearance to be served upon the following individuals by first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania. Donald Taylor 437 Meadow Lane Shermans Dale, P A 17090 Lindsay Gingrich Maclay, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 Attorney for Edward Voegele J. Jay Cooper, Esquire Goldberg, Katzman, & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney for USF Glen Moore, Inc. By: fZA,F~L Andrew H. ShaW, Esquire ROBINSON & GERALDO ATIORNEY I.D. NO. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, P A 17110 (717) 232-8525 Attorney for Plaintiff --" ~, " EXHIBIT B o~, " r;ltnli!'i~trillilt~~fif , . ,. -;,- ~ ..~J'" "'"' _~ ~~"~". i~~~_F F~B 2 0 2003 DONALD TAYLOR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6383 EDWARD VOEGELE and USF GLEN MOORE, INC. Defendants CIVIL ACTION - LAW : RULE TO SHOW CAUSE AND NOW, THIS.I'/~ day of ;;jAmB'? , 2003, upon consideration of Counsel's aft fMo.JW Motion to Withdraw Appearance, a Rule is hereby issued on tl:Kl P . DtiffD9Rahl Tayler to show cause why Andrew H. Shaw should not be granted leave of Court to withdraw as counsel of record in the above captioned matter. RULE RETURNABLE ;Lo days from the date of service. BY THE COURT: hi iJ~ 0 /~ " J. rF~~j~: (0,:" .,'" ;t ~ .~ ~~>:')r~'!) In r '';--" " ; F';'~V (: ,:,. ",<ri h21i(} ;~i~ .b~';gJ (,;, ~~:' ,;!.J; i.,' (.<"';"1<" %;3 . (l;-::~h)t;~~~~ Prol110!lfl!llrfl >< ",,, -- .~ ~' ".'-;" '" ' ,,- ~i CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certif'y that on the 17th day of March, 2003, I caused a true and correct copy of the Motion To Make Rule Absolute to be served upon the following individuals by first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania. Donald Taylor 437 Meadow Lane Shermans Dale, P A 17090 Lindsay Gingrich Maclay, Esquire Hanft & Knight, P.C. 19 Brookwood Avenue, Suite 106 Carlisle,PA 17013-9142 Attorney for Edward Voegele J. Jay Cooper, Esquire Goldberg, Katzman, & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, P A 17108-1268 Attorney for USF Glen Moore, Inc. It By: ~~. I AJ-- Andrew H. Shaw, Esquire ROBINSON & GERALDO ATTORNEY J.D. NO. 87371 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Ii '1 ~:ij'l".liiLkO"'~~_~lili-iffi~I1i:<l0l~~"~h-"'" :L -=-, UI ,'" -'['- d;, .'". 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