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HomeMy WebLinkAbout01-06641 fJ: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~ I - t:, Ie 4- L r:.M;JL;:1...vvr.-v Civil Action. (XX) Law ( ) Equity JURY TRIAL DEMANDED MARGARET STILL and RICHARD STILL 160 Cedar Lane Carlisle, PA 17013 CALVIN F. MULLER Box 213 Glenwillard, PA 15046 and HERTZ CORPORATION Detroit Metro. ARPP Bldg 289-B Detroit, IL 48242 Plaintiff(s) & Address(es) Defendant(s) & Address(es) PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above.captioned action. Greaorv M. Feather. Esauire 1300 Linalestown Road P.O. Box 1177 Harrisbura. PA 17108 (717) 238-2000 Name/Address/Telephone No. of Attorney L Writ of Summons Shall be issued and forwarded ,. Date: ' 11/19/01 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. Date: November 27. 2001 by ," , ( ) Check here if reverse is used for additional informatio 1 ROTHON. . 55 'f~,... ,. .,,1-~~_'.<__'''~' _'~_' ,,_~ .,_,' :';"~.I ' "",. ,-c_..~__", "_''C<','<_ ,_ <__,~-,. '__y',,,,, '-<\_";"-'''_'~_'> """_~"', '__,'_;_7"_-__'T'~-" - -',-L"'- - --~ ". - ~,~.~. ~~ .'" ~,~ =- T"~"- '" .~'"> -~- -~" "-_M" _"_'~,"" t1 ~ ~ .tt 0 , -s::: 0 ~ r; t * ~, ;{2 cr i ~ 2P-, 0 1ft ~ ri~~ 't'..... N \ll "'-1 ~- t.J "''"0 ~~ES :t? -.t) /J _:,~ ~ C vJ ~ 2 :;~ :::> tl --. J ~ '--' 'c'''....N .v.... .. ,', _'~,,,.,, r-' " -;'. '-'_";','t'-'t -:, ;:,w,,!),~-?,-.,", ..'1'"._'_.... -i~'.~...- - ~, ," ~.:-'-., ....." , ..,,..,--- ,,(,,__::,,-;-"4:""r'~~r.I,~,'f'l c- '"" -'__">",'; -)"_..,,-y;<,;J,~_c'_":J ';1'-- ...~1 .-.,-.",,- . SHERIFF'S RETURN - OUT OF COUNTY '. " . CAS~NO: 2001-06641 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STILL MARGARET ET AL VS MULLER CALVIN F ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MULLER CALVIN F but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 27th, 2001 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 18.00 9.00 10.00 34.75 3.00 74.75 12/27/2001 HANDLER HENNING S~:~~~ R. Thomas Kline Sheriff of Cumberland County ROSENBERG Sworn and subscribed to before me this il-;A<A( day Of~ ~ A.D. ~. . Q '71A.dlA~ ~' prothonotar -'M~4'I",,,,,,___.,,~ _ _ R'J ~"""""'~ ~ ~- .. ..." ~-- -mf ~, , . """,,__~l SHERIFF'S RETURN - U.S. CERTIFIED MAIL . CASE NO: 2001-06641 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND STILL MARGARET ET AL VS. MULLER CALVIN F ET AL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,HERTZ CORPORATION by United States Certified Mail postage prepaid, on the 3rd day of December ,2001 at 0000:00 HOURS, at DETROIT METRO ARPP BLDG 289-B DETROIT, IL 48242 , a true and attested copy of the attached WRIT OF SUMMONS Together with The returned receipt card was signed by LISA LAMB 12/06/2001 on Additional Comments: Docketing Cert Mail Affidavit Surcharge 6.00 3.95 .00 10.00 .00 19.95 So answ...Ys: ____? ~~-~ ~??_. ~~- - ;;;?'"</ ~ - .: Th~mas ine Sheriff of Cumberland County Sheriff's Costs: Paid by HANDLER HENNING ROSENBERG on 12/27/2001 . sw?rn and subsc~ed to before me thlS d~ day O~h" '1' .2.>>0.2....- A.D. (2lS~' Q /l-t.if<. / ~... r thonotary I ";m>,,_~,,.. - -~,~,,~ - '-1' -..,...,....,,""'. ~ ll'fnl'I.- "" ':J.Y 7"~ f,vY(Y ~l>1Ce '/!;) , In The COl]l:rt of Common Pleas of Cumberland County, Pennsylvania \~(1 Margaret Still et a1 vs. ~a1vin F. Muller et a1 Calvin F.M!-iil.1er .. 1~lJ!E7;..r;rml""" ~1C'\r ~:o;:;~~',:__'_&' ~~?^""t~tfb No. 01 6641 civil November 30 , 20~, I, SI-IERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . .~~.JW~~ Sheriff of Cumberland County, P A Affidavit of Service Now, IJ -~- 01 L0er-r Q+ , 20~, at ~ o'clock -P- M. served the oS l/YYldY\- (.>>J ,S within upon CALVIN fvI u!/eJL at J~SS -H-livvT ~T by handing to H l rv"\ . a tM'{ and made lmown to It 1"YVI copy of the original w~T the contents thereof. Notarial Seal Sheila Fl. O'Bri",,;Nolary Public City of PiltSl!urgh, Allegheny County My Commlsaioncxpi',esJune 19, 2004 m t, nnsv-- ~,. rsl)( atlono . otanes f "-, -; Sworn and subscribed lwi$lre me this _ day of ..Utli 2 0, ~~ ~~$-(/h4 COSTS SERVICE $ MILEAGE AFFIDAVIT $ "'-'el':"''t!'~ ~, ~ , I ~ ,~~,~ ~ _0' _ .', '>-'~-""--'*-""_"^"~'" ,,__""j,c~'w"'''' "'~"--,><"~m,li-lWo"'"~_'M~.~-"^ "I <, ',~ ~ Tfii'Y ~,.~>. _ ,0', ". _,~TL, ,_ -''f-~,,?,):f:tllflR1_i 1- _.,,<__._!".n __:'NT ml~l !l!ift~~~~~~~_lt1~~%~~~~11f_if-.,"ij,"~~o/~!~lIt-l!!f;'1~"\);l~~<<~jJij\~~'lUt_lf,~_q: :.'i (;c~r -"":"'F-~_-'h_- . COm. llama .1. 2, ""<I 3. Also complete item 4 ~ Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the 'front if space permits. 1. Article Addressed to: Hertz Corporation Detl2pit Metro ARPfo,\~ilding 289-8 DetE6at, 1L 48242 e1iverya If YES, enter dellv 3. SelVice Type X!M;ertified Mail 0 Express Mail D Registered 0 Return Receipt for Merchandise D Insured Mail 0 C.O.D. 4. Resllicted Delivery? (Extra Fee) 0 Yes 2. -'\rtIGIe !'Iumb., ~ ftp{n ~(pe I~) , 7@OO il6'YO @OO18190 0970 PS Form 3811, July 1999 Domestic Return Receipt '-' 'I "- _,4,_ 01":6641 civil 102595-99-M-178$ . . . ~ ~~-,~ . ,.--,-.- . ~'i Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET STILL AND RICHARD STILL V.' NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants ;i,,'~:'> ..~~ftlli't1lI~lt!.! C'.>, ,;'c','"',' TO: PROTHONOTARY Please enter the appearance of Hartman, Osborne & Joyce, P .C. on behalf of the Defendants, Calvin F. Muller and Hertz COlporation, in the above-captioned matter. Respectfully submitted, HARTMAN, OSBORNE & JOYCE, P.C. By: L-<-~~ Wh-- Kevin E. Osborne, Esquire Supreme Court J.D. #34991 126-128 Walnut Street Harrisburg, P A 17101 717-232-3046 Dated: )-11-01..._ Attorney for Defendants, Calvin F. Muller and Hertz Corporation c',""",~~. ;,',,;::;o,',;""B, '_ " ,i, ,,--_ -, , - - - _'_ ~-- -- ---",-,-, ---,- /~;:~,-!<{",-:"<' - '..i.ci,! :,::,\,; :~i:;:"/Y-,; ----'--',;--'- -',;-,c;,-i'-'""-- ~'-, '" -,'.,. ,--,;"~--;:i!',i'ci:;-':)"<;- ::~' - .. &'''~i'r'"'''''~' ~.. "~~~'"-," ., ,~~ ".", -~- "' '. ..r<n.':.:'>'''lT1"""~.,,,,~;~jjliIJl'.'.''$'_:;'.;:::;....7 ""l!iA.--'tI0JiJD U~J&nUiW ,~" , ,~"'" ,,' ",' .',~""'" :,:"".;;.,- ',: ' ~,;~~"'--';:": ,> ,:, ,,"',,,,,,,,,,,;m.."'''',,''''',' :,", .,J,~",",",,"-!;:,.~:ir",'"'.-:~-,,":'";;;;: ~_~U:;:;:,~'~ - ',--,,' :.',,; "-''''-''''''~ I, Kevin E. Osborne, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(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, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 17108 (Counsel for Plaintiffs) HARTMAN, OSBORNE & JOYCE, P.C. By: }~fJ!JJj" - , Kevin E. Osborne, Esquire Supreme Ct. I.D. # 34991 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 Dated: I-If-OZ.. Attorneys for Defendants, Calvin F. Muller and Hertz Corporation '-,';1'fi,~_~~<, , ,~:::.;, , ,-'''-~ ".;.i,.::.::.::,:,,/-,.,',',-/' U'I ,,:':-:: ~< :;''-',i ';~;-""'---" ~-'- , , ""~,, __'' H -'.",-,,,'-,..',.,,;, :.~,;>,-",'" ,', " '-::,:' ;;; ':,'~:.-\, '.; - - ~'" -c',O' ,~". ,r,,' J: [ "" '""~-"";}:;"i? 'ii:;-?i':';:':~'i-::"r~:':~" -'- ,__, .,~ y"-",- -' , '-:,L~" -.-" ",~~ ",-, .n'X")\,"'IV;!;;f<"'P ;li;~hr"l .-,,-0-<,<,,-' "",',",,"')!fc--'<t,,,,,"[.. ", --" ,-,,",,,,,,,..,,-,,_._,,~r_.1< ,...n , ,~,;;j':::!y,::r!~--:';'_:O'T,}1l "'0'""""""";,,,.., ;':~Y-rfht,-,-o;;;~~'~'"'''~@''j't-~k':-~)~lrRt\~'ft o C ;;:... \JCt D1rT-' Z:.c, Zc (/J <> -<.,. f"":". ~~ -: ~~~~ z :<~ ~~~{t~,,)rf:,~!_; "';~~/~-'~"'~'---.,",-,--'-~--" ,:'\- ",'--,"'-'-, ,'''" Ci r~~ c., .~ '- " --f-! ""'~ (,:1 :L'r> == lJ:"j --.-1- } -::- rr; ~:) I.l -< (J\ ~ ,,':\\,,-,.~"~~I,~-l~1, ~~,~_~:_ '() l-'~~~1~" ,-,,, - ~?-"""_w~_~_' ,~,. -_~_ . Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET STILL AND RICHARD STILL v. NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants TO: PROTHONOTARY Please enter a Rule upon Plaintiffs, Margaret Still and Richard Still, to file a Complaint within twenty (20) days or suffer non pros seo :@g. Respectfully submitted, HARTMAN, OSBORNE & JOYCE, P.C. By 1(11~~gk IKevin E. Osborne, Esquire Supreme Ct. J.D. #34991 126-128 Walnut Street Harrisburg, PA 17101 Dated: j-//-CJ L Attorney for Defendants, Calvin F. Muller and Hertz Corporation "r~-). . - -,':'. ,,_j,,'';' 3;'_:~_' .,,_,8;,,~,::,,-t"'-,-; i~",!;~;,;,;;;;; :..;;;;,l ~,i;j_,~!,X '-'c"' " ,..,.'::,;;,\1:;(,0::0:,:',,: ~';-"'L: (/~ ki.:~Li ': '.j.- --" ,V." .. ,,' ^ ~,<1"'-, "V.".'.:>'."'..;;.';,.,;lfm.c..i.::-<...::',E1m"'.'."":..:...""" ":"';'1';,,;:;::,:;,;...\.,::.,. ,,'_---, ,- \:J,'" -i'Jh-lij;l;"J!~.if.I], !Ii ,--' ,;';,___,,'~','""_"'B";" '-:,::1:':0:-,-_ - '_-_-,:,,~ "~;,2-_,->",, / d"-~'"):"_,~;-~,,,,,,,'3 _ ,A,~i_~;;:;;~;~,;~," __F.%'f', ,.;n;,,,,-;,S~~,,,;,;,;,,';:;~"j':";;L,; 'J"'.;',,-, j,~,,-::" ,r"-- I, Kevin E. Osborne, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the PeUllsy1vania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 17108 (Counsel for Plaintiffs) HARTMAN, OSBORNE & JOYCE, P.C. By: /6-<."'- fO~ , Kevin E. Osborne, Esquire Supreme Ct. J.D. # 34991 126-128 Walnut Street Harrisburg, P A 1710 1 (717)232-3046 Dated: 1_11_0 L Attorneys for Defendants, Calvin F. Muller and Hertz Corporation -._,,~~~ -. -"", ,-,',_ ,<",,'_o,,,_,~ "_~,,.' :-;;:-;i<,:,' ;;;1'. '0';';' . "YC- ,;,'~'~; : 't.;: :,,,.., ;;,;1.'-, ~,;~~/~(b;_ .:'~" '.--,___,.4';,<,:'1;:..."",:,;, ,-, ;)~i,;>:'.,-': -.' ;'_.-~,;~_'f'C'- ,", ....,.. ';":C""::;:":'~'::'".>:'r;,'" "'."'Y';:;,'"'::'''!'),,''1;1,''' .f.._ ",0'>" -''''f-;-' '- ,~- ~;;>, -'. ~ ,'.. -,- ''''''<~' , ""-"'-""~,-Y!':"~~- '~'"",*-- 'I 'I-"'-'.,?l.'..;,"""""""~-~"" ----~."'^ ,;~"~~"",~"",,~ " , 0 C) C:;. ~; r'..) -','J "gt~7 ~::;:, Dln- ,. .-2:.:;:- if' (J, ~-: ;J;.'C: 1..f..J -. , ";>- '.' ::"1 ):,: -< (7. ::D ~'~, W I , _,,_,-:~~)~E~';,~~1~~L;,~-;<,p:~_~~' ___"":c~~~_---_,';:"-,,,>,,, iT? 'ljjjlllr,iil'I~liril" l8llffl5!~f!J~'~ X@,--:;.~'" , ___',. ;':""''" ed ~n'_ ,"_" _ ,_ "',~ Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET STILL AND RICHARD STILL v. NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants .R,~)Jl.;lJ!~.'!ll.~.~r,;.;:!"- TO: PROTHONOTARY c/o Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 17108 A Rule is hereby issued upon Plaintiffs, Margaret Still and Richard Still, to file a Complaint within twenty (20) days after service hereof or suffer non oros seq.@g. Dated: J~AX' 'a.e.y J S', ~OC>;l..." ~ Prothonotary """'"""\1'lI'<4.i,_ ~ - .' ;.1, - <.. " " ,'" .'.:~",.";,.,-;;.,, ,<-<.;' " '.;"s;':',-? <;'-I-"~;';':,. ,.,.;". ",,'.: ,,':f<./>;~ ,,_\,-~-"-., ", . ,.,., _ m~' ^_._ .~._,_. ., , . "',C']?,'-' ..... ~.1.~~~~~~:C',:i..... I, Kevin E. Osborne, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(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, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108 (Counsel for Plaintiffs) HARTMAN, OSBORNE & JOYCE, P.C. By: /~za~ Kevin E. Osborne, Esquire Supreme Ct. J.D. # 34991 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 Dated: / _I ( - 0 L Attorneys for Defendants, Calvin F. Muller and Hertz Corporation ~">_":,,=_r " - .~- ,>t>:";:':: ;':' /.'. ;:'. ::.:- ::k1-r:< ',_: _;':i~;-,-" .- ~ '-'of"";;" ."'"','" ''" " "Y1i:;';n\ ._,~,,:r'-_ ~:r:?,,-r,"'1~:' :' ')';;l,,~:;J'~7Z'1':"'''';t.~,;,: ,_.,-,,,-", -,' ",..".,..,..,.,,,,--.. ~~"'o<;,_~- "",,"-'_~ :'"r4"L"1l1UiTtlil!'l!f;';': _~'-_r;';-_",*k~"'_~~_'~"_=' tI "i '] -nr _' ':'r_+,~,,;, i;{j'f.l'~~~:l]~~ !ttm"~~;!11r;J~J~~--o -___::<'" ~ ~"'\'::,, _:~)iilp,_J(~:~9 J<~~;::",::f'_ ;~~~-J~,',- o ~ "1:1&) tpQ' ~~~- ~f~ c.: c.-:: ~~C' 5~~ ~ '-"";'~'l"f':';- CJ ,.'-.) :=-~ .~ ;';::;,~ .~ 1..!.J '.- &s: if! _ ,ifli,~_~,~' })]TJPt1!~~~;:?r'f:',:~, __ ',', <,"<::,__-" ,,"',. 'M- '. MARGARET STILL and RICHARD STILL, her husband : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 Telephone (717) 249-6166 DATE: 5l~/f71t/ Attorneys for Plaintiffs .1.;;- ".1 " .'/' ..,:",~,,,,,,.;."'.;;-':'t.,,,"<i',,",<",.~, .";.<':,'" 'J-:;",c~ . ~,"k.n "1",~"_":'i"'~~if":";'~,,;!',',""; ,--,;'." --:'",.' " 7",'''.''''-' '0 ""<. ~ " <',,, ": -""'-'.,' '._ .'" r ~. "'~.,' ,"~__ _'r~, " ,. -- -"V',<,O_,Vf,'. "e:r!f-'" -- Kas/complaintlmva/still MARGARET STILL and RICHARD STILL, her husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, come the Plaintiffs, Margaret Still and Richard Still, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, Esq., and make the within Complaint against the Defendants, Calvin F. Muller and Hertz Corporation, as follows: 1, Plaintiff, Margaret Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 2. Plaintiff, Richard Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 3. Defendant, Calvin F. Muller, is a competent adult Individual currently residing at Box 213, Glenwillard, Allegheny County, PA 15046. 4. Defendant, Hertz Corporation, is a corporation currently doing business at Detroit Metro AARP Building, 289B, Detroit, MI 48242. 1 _ -'0*":'1:,,,_. ""'" .~_,__,~ '~,-" _"~" ~~"_" ~ ,_.. ",.__ 3,", T " ,- ~ . . . ,*"",,~,,~<,="<~,~ ~ 5. At all times material hereto, the weather and road conditions were clear and dry. 6. At all times material hereto, Plaintiff, Margaret Still, was the owner and operator of a 1989 Ford Tempo bearing the Pennsylvania Registration Number BTB- 6112 (hereinafter "Plaintiffs' vehicle). Plaintiffs' vehicle was insured by Progressive Insurance Company. 7. Plaintiff, Margaret Still, elected the limited-tort option enumerated in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. CSA S 1705(a)(1). However, pursuant to Act 6 of the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa. CSA S 1701 et sea., Plaintiff, Margaret Still, is entitled to seek damages as though she had elected the full-tort alternative, because she sustained injuries as a result of the collision described herein with a vehicle that was registered in Michigan. See 75 Pa. CSA S 1705 (d)(1)(ii). 8. At all times material hereto, Defendant, Calvin F. Muller, was the operator of a 1999 Ford Explorer bearing the Michigan Registration Number NTV 211 (hereinafter "Defendants' vehicle). Defendants' vehicle was owned by Hertz Corporation who is currently doing business at Detroit Metro AARP Building, 289B, Detroit, Michigan 48242. 9. On or about December 17,1999, at approximately 2:55 pm, Plaintiff was traveling on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania. 2 '->;r;ii,"i_"____.,~~,',.n"',,~,c ,''''_''''''_'~'' ,~_. .~,' ,_ ", ,., . ,-~~ ~'~': 1 '_~ -.~- - . 10. On or about December 17, 1999, at approximately 2:55 pm, Defendant was traveling behind Plaintiff on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania. 11. At approximately that same time and place, while Plaintiff was waiting to merge onto SR 11 south, Defendant started to move forward while looking left. Defendant drove into the rear of Plaintiffs vehicle. 12. As a direct and proximate result of the negligence of the Defendants, Calvin F. Muller and Hertz Corporation, Plaintiff, Margaret Still, sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Maraaret Still v. Calvin F. Muller 13. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 12 above, as if the same were set forth fully below. 14. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence of Defendant, Calvin F. Muller, generally, and, more specifically, as set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully traveling on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In failing to be reasonably vigilant in order to observe the stopped vehicles including the Plaintiffs'; 3 " .' '>"-"-'~"'- ,"" - ='.", -_~".","=. _'. ,,~. ,., _0_, -'~~ . . "-~ ,,"..e..... (c) In failing to operate the vehicle under proper and adequate control so that he could avoid striking the Plaintiffs' vehicle; (d) In failing to operate the vehicle in such a manner so that he could apply his brakes in a manner that would have enabled him to avoid striking the Plaintiffs' vehicle; (e) In failing to take such precautions as a prudent person would take in regard to the speed and control of the vehicle, as he proceeded on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pac CeS.A. 93361 ; (h) In failing to operate said vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.S.A. 9 3361; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have the vehicle under such control that injury to persons of property could be avoided; 4 .^'~1~~1l~~_ _ _, _ ." -,."',_., " ,- ,-, ~ "-., - ~In 0) In driving the vehicle upon the streets in a manner endangering persons and property, and in a manner with careless disregard to the rights and safety of others in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 15. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 16. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 17. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 18. As a direct and proximate result of negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention, to her great detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 5 '''ilWJf\I1,,,J ~,' ..., _ .', . __._ " -~ -. ~~, ~: 20. As a direct and proximate result of said Defendant's negligence, the Plaintiff, Margaret Still has incurred lost wages and will in the future continue to suffer lost wages and/or a loss of earning capacity. 21. Plaintiff, Margaret Still believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Calvin F. Muller, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT II - NEGLIGENT ENTRUSTMENT Maraaret Still v. Hertz Corporation 22. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 21 above, as if the same were set forth fully below. 23. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F. Muller, generally, and more specifically, as set forth below: (a) In allowing Defendant, Calvin F. Muller, to fail to keep a proper lookout for vehicles on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle af such a speed, and under such control, so as to avoid striking Plaintiffs' vehicle; 6 -',""'lWfJl, ..,. _, ,_~_"L __, _, '-", " _. ~_ "" '"_~''''' , ~" - " - - - ~~-,- ,- , . , ,= (c) In allowing Defendant, Calvin F. Muller, to fail to properly observe the traffic conditions then and there existing; and (d) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop within the assured clear distance in violation of 75 Pa. C.SA 3361. 24. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 25. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been, and will in the future be, hindered . from performing the duties required by her usual occupation and from attending to her daily duties and chores, to his great loss, humiliation and embarrassment. 26. As a direct and proximate result ofthe negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite p;eriod of time in the future, to her great physical, emotional and financial detriment and loss. 27. As a direct and proximate result of negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention to her great detriment and loss. 28. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plain!iff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 7 -<>_"'!jU~I11U, -,~ - ,.. ,~, ,~ 29. As a direct and proximate result of said Defendant's negligence, the Plaintiff, Margaret Still, has incurred lost wages and will in the future continue to suffer lost wages and/or a loss of earning capacity. 30. Plaintiff, Margaret Still, believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT III - LOSS OF CONSORTIUM Maraaret Still v. Calvin F. Muller 31. Plaintiff, Richard Still, incorporates and makes part of this Complaint paragraphs 1 through 30 above, as if the same were set forth fully below. 32. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 33. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same pmposes in the future, to his great detriment and loss. 8 1i,;\,,:_ ,__'"~ _ ,,,,. ."", ,,,.~~., r_~ _'1-'< .r..__.,.'._'_'.''''' ." ,". ,.,...,.,. "".r WHEREFORE, the Plaintiff, Richard Still, seeks damages from the Defendant in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. COUNT IV - LOSS OF CONSORTIUM Maraaret Still v. Hertz Corporation 34. Plaintiff, Richard Still, incorporates and makes part of this complaint paragraphs 1 through 33 above, as if the same were set forth fully below. 35. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 36. As a direct and proximate result of the negligence of the Defendant, Hertz Corporation, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 9 "''''~.,," -"'.,J~~ '~'''_}'''''''' _ ,__, ,-_," ~,_~__ "'~"I,,_"" "' , ,~,- .-'. - - "-. ," - "~ . . " WHEREFORE, Plaintiff, Richard Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: Gregory M. Feather, Esq. I.D. No. 79456 PO Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiffs 10 -''''''-'If!W;a,~, _'.,' ,_ ~"~" ,~- ";.' ". ~ " ",..,. ~_ M~ ., ~~~ltT.r~ '.~ "r VERIFICATION THE UNDERSIGNED hereby verify that the statements in the foregoing " document are based on information that was gathered by counsel in preparation of this lawsuit. The language of the above-named document is of counsel and not our own. We have read the said document and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDERSIGNED also understand that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252( d) C.S. Section 4904, relating to unsworn falsification to authorities. DATE: SI'I-t>J ~~~"\..~ ~~,\)\J. MAR STILL -;:J7~7&. -<:::)tZJ2fl RICHARD STILL -."'7" ". "",0 "'J",'t."".~". _'9,'",,'''''''~'. '\;_<.~?"._ ~ "o'",."",_,,,.~,,,, .-'.".,,1 '1 ,!, ,.. ^"'__,.~._ ,; ,,~,~, ".=.% '.~_' ~ "n;<"" "", ,~," ,.r~. >',",'c7.' ~_."'_"_ .",.,.""_~. .~""~",,,."__ ".."'.'0 .'~.'" ' ~ "____~.-_ , _ ,__,~". , f'- -~ - CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, CALVIN F. MULLER and HERTZ CORPORATION, by sending a copy of the same to their counsel of record, Kevin E. Osborne, Esq., HARTMAN, OSBORNE & JOYCE, P.C., 126-128 Walnut St., Harrisburg, PA 17101, by United States Mail, regular service, in Harrisburg, Pennsylvania on ;J;/tZq f~ , 2002. {l By /" ./ o M. Feather, Esq. torney I.D. #79456 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 DATE: y;/i5/oV . Attorneys for Plaintiffs -->~~""l--r" ~tn.\_ w'C", '"~_''' -'r.-'_- ~.r:.,_.""'~._~~,,_-_'r-y-"""~__~, ", \, __.,_~, __1",-' "':C' ,_,,',_____ :?,.-~o _',' ~ -.-,__~",o,....~ "",' . ~ __,,__ _ _____,~" .., "< ',_'" _,,,,,^,,o.,', ~,_ ",," ,. _..n ",-,--- ,_ - , ,~___"__.>_ '_' __ - ,---'-1'..'-,.--, -- ~ "'"'P" e _,'^'" '", "eo,_,_.,e,_,""" ,_,,",_<'~N>" oR, '__',,",,_, N' ."'" ",b --~ "'" "'.'~ '''_0 ". fi.I< "~"<'f cui( '-~"~"~-JIl1~i"j0~r:-,"ij':'~";';'}'''''I[tY'n ~~ -'r~;"_ ':i~MSf~'t0'-,i:'fH'""~il~ o r' ~ ,".1.1;7} ,fr"" 3?;f (/) ,: ..,r" ,.--'. ~t) "- 2(") )>0 c: :z: =< " -, C)~ ',' :~J ;'.-s f!i<~ '-' bl Xi -< '-' .'."., Y? +' '._._'"-'~'_j,el",% "_..1,. 'r_~'1~~~"'~,,}_i'll!i~'jl~~ ,"-- __~<"7"~~!~:nLlJ.5l,,~~ft~ i; - MARGARET STILL and RICHARD STILL, her husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01.6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION Defendants : CIVIL ACTION. LAW CERTIFICATE OF SERV~CE I hereby certify that a true and correct copy of the Plaintiffs' First Set of Interrogatories Directed to Defendants and the Plaintiffs' First Request for Production of Documents Propounded Upon Defendants were served on the Defendants, CALVIN F. MULLER and HERTZ CORPORATION by sending a copy of the same to their counsel of record, Kevin E. Osborne, Esq., 126-128 Walnut St., Harrisburg, PA 17101, by United States Mail, regular service, in Harrisburg, Pennsylvania on May)j 2002. DATE: Iro'/.,-- ~'!._:2 J"l.t ,,,,,__ n,_,,,.,,,,"-..,,_,:,-_, " ~,_.>,'" ~'~~_._,,_~..~ ."~."."' "_"'=1___ _,_, _" ,'_0 ,~''';; _,0 c '_".~__~,.,,~__~, ,_ _ _~, _,,~ ",.. " .o'<-'~ __""'"~'_ _", .~__, "",., ~_ _'_~ , _ Y' _ _, _~J"'" ,,~~.~ ,,_~~ "C>>o",'__"_ C',__, "'"--"''"-' ",,--,,' ", "'"'~'---,-,-,,'"' "--.,- N.."'-'_':_O"_""W ~~l~~,'(l",!",.. >_~\_,'_e:"!lfi:~q.rn,_>;_",,__-!__-.,c ,.:.~ ,. > ","""',W. '" r-'mi1mWlJ''I;r~('ft'1 ----'''';[j'''T':''S.;,Vf"i-'ijJliil: - --";""-."l"')f,'-f\-<,"fi~~h~t?r~'~'fF"'r m ~ 'Tii:lf-"'~"'i _ _ ,. (') G 'L165 nlrn Z~) t5,;t,: -< " '-:CI ~C~ ZC'l :E~ (:: ~:: ::;J , Ci 1'-.1 "c'_ -n ::l: :r.o:!lo -< 0', C';!,: '---' -0 _. ~ .:) ~--') ~ (;~~q Orn --l d" :0 -< .~ i!lV~N/~ If} r_wcJ~~~t.gl_" C~I_J~l -~-c'",- r.";,.~ ", ">",_-" t t Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET STILL AND RICHARD STILL v. NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants m~' AND NOW this _ day of , 2002, upon consideration of the Preliminary Objections of Defendant, Hertz Corporation, it is hereby ORDERED and DECREED that the Preliminary Objections are GRANTED, and Count 11 of the Plaintiffs' Complaint is stricken with prejudice. BY THE COURT 1. ,!j<j",:,O)!,J "1'" ^' . , _c ~_ _ ~,~,~ ",.,"~_~_ . .~,' --'i LIT MARGARET STILL AND RICHARD STILL Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants ~~l,~~li'~i$; 'VP,f. AND NOW comes the Defendant, Hertz Corporation, by and through its attorneys, Hartman, Osborne & Rettig, to submit the within Preliminary Objections to Plaintiffs' Complaint, and in support thereof avers as follows: 1. Plaintiffs commenced the above-captioned negligence action by the filing of a Writ of Summons on November 19,2001. A true and correct copy of Plaintiffs' Writ of Summons is attached hereto as Exhibit "A". 2. The Return of Service filed by the Sheriff reflects that service of Plaintiffs' Writ of Summons upon Defendant Hertz Corporation was effected on November 27,2001. 3. A Complaint was filed by Plaintiffs on May IS, 2002. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "B". 4, Generally, Plaintiffs allege that Defendant Calvin Muller was negligent in colliding with Plaintiffs' automobile while driving Defendant Hertz Corporation's automobile, resulting in personal injuries. 5. With regard to Defendant Hertz Corporation, Plaintiffs allege that it was negligent in its entrustment of its automobile to Defendant Muller. '<'i'~.~.",._ ,.,.",r,'t';:;':'!,_ "",;,_,.',,_;:,: ,...:,- ~" '.. ~"'--;f"'"",--~,"., -_""," -,.,", - i--^-;or,fi"'''_-: ':-~ j - U A. COUNT IT OF PLAINTIFFS' COMPLAINT. ATTEMPTING TO SET FORTH A CLAIM AGAINST HERTZ CORPORATION BASED UPON THE THEORY OF NEGLIGENT ENTRUSTMENT SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED. 6. Pursuantto P A.R.C.P, 1028(a)( 4), a Preliminary Objection in the nature of a demurrer is an appropriate means of challenging the legal sufficiency of a pleading. PA.R.C.P. I 028(a)( 4), 7. A demurrer must be granted when the Court is certain that, as a matter of law, there can be no recovery upon the facts alleged. Wurth v. Philadelphia, 584 A.2d 404 (Pa. Commw. 1990). 8. In Count II of her Complaint, Plaintiff is apparently attempting to state a claim against Hertz Corporation based upon negligent entrustment. 9, Count II of Plaintiffs' Complaint reads as follows: COUNT II - NEGLIGENT ENTRUSTMENT MARGARET STILL V. HERTZ CORPORATION 23, The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F. Muller, generally, and more specifically, as set forth below: a. In allowing Defendant, Calvin F. Muller, to fail to keep a proper lookout for vehicles on the exit ramp 17 West, off 1-8 I waiting to merge on SR II South in Middlesex Township, Cumberland County; b, In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at such a speed, and under such control, so as to avoid striking Plaintiffs' vehicle; c. In allowing Defendant, Calvin F. Muller, to fail to properly observe the traffic conditions then and there existing; and d. In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop with the assured clear distance in violation of75 Pa. C.8.A. 3361. 2 :'0':~ v I: J,Ilfl7, "',_' ~,,." ; ;''}--''.'f_=,'',S:-, ~:'?':__ 'r-~ -- . , 9>_",-,-. ,,/'__ '~".C' ~ .' ~ '1' ;":'tJ:T'~t-r' '.''f '''-~'--'',,~ -" " ~- 10. Count II of Plaintiffs' Complaint fails to state a claim against Hertz Corporation based upon negligent entrustment. 11. Plaintiffs have failed to state that Defendant Hertz Corporation owed a duty to Plaintiffs. 12. Plaintiffs have failed to state that Defendant Hertz Corporation breached a duty owed to Plaintiffs. 13. Plaintiffs have failed to state the reasons why Defendant Hertz Corporation should not have rented the automobile to Defendant Muller. 14. Plaintiffs have failed, therefore, to state a claim for negligent entrustment upon which relief may be granted in Count II of their Complaint. WHEREFORE, Defendant, Hertz Corporation, respectfully requests that this Honorable Court grant its Preliminary Objection as to Plaintiffs' claims against it based upon negligent entrustment, and dismiss any such claim in its entirety. Respectfully submitted, HARTMAN, OSBORNE & RETTIG By~t;E;,~ Supreme Ct. LD, #88732 126-128 Walnut Street Harrisburg, P A 171 01 Dated: 5/:!iJ I o;;l, Attorneys for Defendant, Hertz Corporation 3 '<_r"", J,_""-__,,,. _ ~ , ~_~,_'\""x.,>_,_, _ ." 'I' - " ;j'''\- _ ,,- - .. ~;'-'- ---" '--~ "'~ ,,_n,___ _ ,','- J"'- , '-<,"' _H_ ~"". ,~ ,<V" IN THE COURT OF COMMON PLEAS CUMBERLAND couNTY. PEtllNSYLVANIA . , . No. 01-6641 Ci~erm Civil Action. (XX) Law ( 1 Equity JURY TRIAL DEMANDED MARGARET STILL and RICHARD STILL 1 60 Ceder Lane Carlisle. PA 17013 CALVIN F. MULLER Box 213 Glenwillard, PA 15046 and HERTZ CORPORATION Detroit Metro. ARPP Bldg 289.B Detroit. IL 48242 GreGorv M Feather. ESCluire 1300 Uncl.stown Road P.O. Bolt 1177 HarrisburG. PA 17108 1717\ 23e~2000 NamelAddressrrelephone No. of Attorney U ~, .,. Oefendant!s) &. Address(es) TRUE COpy FROM RECORD In Testimony whereof, I here unto set my ~ and the seal of said Court at Carlisle, Pa. . .." :tL d f ':;,H T ...!'!f..!........ a 0 .... . :J:\f...,...., ,. Plaintlffls) &. Address(es} PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue A Writ of Summons in the above-captioned action. L Writ of Summons Shell be Issued and forwarded . j{i1te: ' 11/19/01 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTIS}: YOU ARE NOTIFIED THAT THE ABOVE-NAMEDPLAINTIFF{Sl HAS/HAVe COMMENCED AN ACTION AGAINST YOU. "'~=~. ~ Date: November 27. 2001 by ~. . I I C,,,kh... ,,,,,,,.. " ~"."ddi'o"l ""',m.' . ~ 1 ROTHON. . 55 -;-;.~,""wm:l'Jl!I, "'. ". ,'", _ ~" I' ~ ~ "'''', , -~ , ,.,.,.....,..."...,.",.". :~_"",:..,.~.,-w,*",,'~~:"\ii.~~'~'\"':~~",.'::,,,:..',,":;,.,;,.-, . :'~n.~ - " R1CHARfj'STlLliMrku$!:ialld ,._.."'iW;Ili~~~~:~!f9f~~MM~;lh~~~"'~.,., CUMBERLANb'COUNT'?;'PE}>.JNSYI.:VANIA " PlaintiffS; NO. ,01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 Telephone (717) 249-6166 ---- HA~.9lER, IjENN / / ( / ' By / G 0 ryI, F , Esq. /.0. # ~56 -13OO'Linglestown Rd. P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 ROSENBERG DATE: '""/; ~,- /,., . ,,;; ::i/ t.. <-/ - I I Attorneys for Plaintiffs Nf";:;-<- -;.:0' "-,, 'w'- -,-,-- ::,,,~~,,,," - "anti ' ,(~_<,,,.. \":' -"_o,,,~ , he"fhiJsband :>i\N~'iHE'fCotrRfOFC()MMON PLEAS -'" ""-,,~to-"'~"""-_';-:'r.:';~r&,,,;- , . : OUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, come the Plaintiffs, Margaret Still and Richard Still, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, Esq., and make the within Complaint against the Defendants, Calvin F. Muller and Hertz Corporation, as follows: 1. Plaintiff, Margaret Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 2. Plaintiff, Richard Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 3. Defendant, Calvin F. Muller, is a competent adult individual currently residing at Box 213, Glenwillard, Allegheny County, PA 15046. 4. Defendant, Hertz Corporation, is a corporation currently doing business at Detroit Metro AARP Building, 289B, Detroit, MI 48242. 1 "Eii~i_'-o'"~"";_, ,,[--, ,I -#';-, -, ',n p '''''''.\(''''-''11 "~-~< '_0 '"'~-- -." ,.-'. 5. erelO!itfi$'weather and road conditions were clear "","',-' , and dry. 6. At all times material hereto, Plaintiff, Margaret Still, was the owner and operator of a 1989 Ford Tempo bearing the Pennsylvania Registration Number BTB- 6112 (hereinafter "Plaintiffs' vehicle). Plaintiffs' vehicle was insured by Progressive Insurance Company. 7. Plaintiff, Margaret Still, elected the limited-tort option enumerated in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. CSA S 1705(a)(1). However, pursuant to Act 6 of the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa. CSA S 1701 et sea., Plaintiff, Margaret Still, is entitled to seek damages as though she had elected the full-tort alternative, because she sustained injuries as a result of the collision described herein with a vehicle that was registered in Michigan. See 75 Pa. CSA S 1705 (d)(1)(ii). 8. At all times material hereto, Defendant, Calvin F. Muller, was the operator of a 1999 Ford Explorer bearing the Michigan Registration Number NTV 211 (hereinafter "Defendants' vehicle). Defendants' vehicle was owned by Hertz Corporation who is currently doing business at Detroit Metro AARP Building, 289B, Detroit, Michigan 48242. 9. On or about December 17, 1999, at approximately 2:55 pm, Plaintiff was traveling on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania. 2 -Y':~~~_^,,'9,_ ". c_'_" ", _ -,-~ 'I ~ - ~" .. "- ~W-;-'-'''-'"'"'<'- >"='"~"' ~w ,0- 1(f ,~ . -'t;'PP[.i5Xirn~t~f:2:55 pm, Defendant was traveling behind RI~iiltijfonex,i! lar\1p17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania. 11. At approximately that same time and place, while Plaintiff was waiting to merge onto SR 11 south, Defendant started to move forward while looking left. Defendant drove into the rear of Plaintiffs vehicle. 12. As a direct and proximate result of the negligence of the Defendants, Calvin F. Muller and Hertz Corporation, Plaintiff, Margaret Still, sustained extensive and serious personal injuries, as setforth more specifically below. COUNT I - NEGLIGENCE Maraaret Still v. Calvin F. Muller 13. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 12 above, as if the same were set forth fully below. 14. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence of Defendant, Calvin F. Muller, generally, and, more specifically, as set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully traveling on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In failing to be reasonably vigilant in order to observe the stopped vehicles including the Plaintiffs'; 3 -",,,,*~'.J!I,, "'" ~,',,"-~ .r.~ " I-'~ -- . ~. ~ - ,~ ,;t:-'Yl'>--"'"1~'-("a" .,." ,- ,_,,-,,_o.~ .--' "O<;frfl!Wj~J,_. ""_""""'~'~- .''.'-'n ,^_ :--'~_ , ( " El'unClet proper and adequate 'control sothafhetiouldavoid stri~ing the Plaintiffs' vehicle; (d) In failing to operate the vehicle in such a manner so that he could apply his brakes in a manner that would have enabled him to avoid striking the Plaintiffs' vehicle; (e) In failing to take such precautions as a prudent person would take in regard to the speed and control of the vehicle, as he proceeded on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.SA ~ 3361; (h) In failing to operate said vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.SA 9 3361; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have the vehicle under such control that injury to persons of property could be avoided; 4 lYe ~ "-.,,.~ ~ - - ,-'~ r~"" ,~~-'^ ~. '"'."'-", '"' !'f0,!..W!li1lff.tu n,mrhri~r' endan~~rfttg persohsahi::l ph)pertY, and 'In a manner with careless disregard to the rights and safety of others in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 15. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 16. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 17. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 18. As a direct and proximate result of negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention, to her great detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 5 '---",-~qm,t':,," '_,_', I'V ,~. ~ .~. ~ ..~ - ~, ;g-"'y.'^ - '1'" '" ~.. ,,_.0 '_".~" ',-"" :-":~-,: -- ;;ry~r -':""';"f;:~'t-"~, IS ihegligence,the Plaintiff,Mafgafef,S{ilj,III1~~"ncurre(jlost wages and will in tl1efuture continue to suffer lost wages and/or a loss of earning capacity. 21. Plaintiff, Margaret Still believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Calvin F. Muller, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT II - NEGLIGENT ENTRUSTMENT Maraaret Still v. Hertz Corporation 22. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 21 above, as if the same were set forth fully below. 23. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F. Muller, generally, and more specifically, as set forth below: (a) In allowing Defendant, Calvin F. Muller, to fail to keep a proper lookout for vehicles on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at such a speed, and under such control, so as to avoid striking Plaintiffs' vehicle; 6 -,.~"' ,,'. ""',.J-r-"F'''\.,r,..~ 'I' - , ";"$-"" ,,,'-,J,>,'>, -- !~'i~?~"'7:'~",>>,,~; .,;, rd~~riy'}o~"""'oo"",,:~'fi!h'''.' (d) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop within the assured clear distance in violation of 75 Pa. C.SA 3361. 24. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 25. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to his great loss, humiliation and embarrassment. 26. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 27. As a direct and proximate result of negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention to her great detriment and loss. 28. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 7 ',~';f~ - --"-",-"'71- _,":'~ ',' -,_Y,__'__ , . F"." " - - ~', - ~'; , --. ~~ (;;:-""",4~'~'~'--' ^ '.-,. ,-~-- """,,~-- :of" "'.-- '-~:~.;:~~!:''':'Ta::~''~"'-'~JlJ.~:>if enoe" e'" ""H" ".-<, " ." , ,. Plaintiff, Margaret Stlll,'haiHJlCurfEi~NostWagesafiaWiffil1fhe':r '13 continue to suffer lost wages and/or a loss of earning capacity. 30. Plaintiff, Margaret Still, believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT III - LOSS OF CONSORTIUM Maraaret Still v. Calvin F. Muller 31. Plaintiff, Richard Still, incorporates and makes part of this Complaint paragraphs 1 through 30 above, as if the same were set forth fully below. 32. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 33. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 8 >"\~'*_iA~_ g, ,~C,~.~.~~~ -, "" ~".. ~ '_J " ." ~. . , . " WHEREFORE, the Plaintiff, Richard Still, seeks damages from the Defendant in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. COUNT IV - LOSS OF CONSORTIUM Maraaret Still v. Hertz Corporation 34. Plaintiff, Richard Still, incorporates and makes part of this complaint paragraphs 1 through 33 above, as if the same were set forth fully below. 35. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 36. As a direct and proximate result of the negligence of the Defendant, Hertz Corporation, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 9 "~'-!llr,~", ,"_0 y-, - -~ "r'~' - ~~ ~, ~t~>"~'--"!1'-"'-';-:'- -("" , - <"~" .,_,. _;'''''Y~'1<!~'~~'- ~,~,,:,c<,- _,:_ _n -,- -";__~ WHERE~!3RE, Plainiiff,Richard Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: Gregory M. Feather, Esq. I.D. No. 79456 PO Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiffs 10 :C"1i!l1:i!li~",",,"'(<1I!'__,,~__ _ _ ',_ ~-"-r " ;,t'illt--~" ,'"",,<'.^~ '----" -=, ^~~.- lawsuit. the laii~~~~ '()fth~~'b ,'/.',' ',-- . \',-\;',:., <:,:'." :: :_;:j.,:";-""~,,,, .,,;;:;:,;i :.' ,:'~"::'- . -,', ,:,.,',..:",',:'.;\'i ,;'-__' l:\Obumen:f1s t)'[counselandnot out own. We have read the said document and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDERSIGNED also understand that the statements therein are made subject to the penalties of 18 Pa.R.c.p. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. DATE: S-:'Pl-{).) ""'~~ ~.~\',,]\) MAR . STILL ~~~Cd/~~tzj2li RICHARD STILL ,"C' .-",.-. '. -<"---"",-, "- ,,-,~-,~':;C:-_'-"~ .' -Y-',.1,:,'>o"" , iI. \' , . I) .. J CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, CALVIN F. MULLER and HERTZ CORPORATION, by sending a copy of the same to their counsel of record, Kevin E. Osborne, Esq., HARTMAN, OSBORNE & JOYCE, P.C., 126-128 Walnut St., Harrisburg, PA 17101, by United States Mail, regular service, in Harrisburg, Pennsylvania on ~q J.~ , 2002. o By o M. Feather, Esq. orney I.D. #79456 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 DATE:i;5/oV . Attorneys for Plaintiffs '-';'<;~i!l;__,,_"'__~_,_r,___'_ ,"-'" I~ . -",' ;'u"'-'-~-"-JUIi":--_--.-:Jr-" - ". " " .. II" . , . . ~~,i" I, Stacy B. Wolf, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(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, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108 (Counsel for Plaintiffs) HARTMAN, OSBORNE & RETTIG By: fi(Ui!'-2.~ Stacy B. Wolf, Esquire Supreme Ct. J.D. # 88732 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 Dated: 5/30/CB Attorneys for Defendants, Calvin F. Muller and Hertz Corporation ''''-~:1l"T_~J'~,. _ ," 5:"__''''''''',,,c,:,~_,_,,,,,~::-,,,:,,, ~ - ~l - <~'" 0"'_'"..".---- ",~.__ . fa Il .. ",m,," '" --'''i-c_;-'' ,--::,TC'i>;'. "_'::;-i"~;,,,-,';<.''''_';~<':C['C?i,u'''','''''~;1''W-_< ,';~ '.. ,- ., ~'.._.' ..,~ _,_, =',',=r.'_ ,'d '~'ril~liiil:llIi11~ ,., flftt"!1rll,Ji'll 'lltiiilliilllt'iiiiiiM . .. . -.-, - ~ \~ :.) "'--) (;'j ~,"i :::';.J -< (') r") ~;; Cr-i; - ,.: F~ ':::" <- :,1 fi5 ~ -~__, '~'_:"'_ _,_~,~,~ _.J_L_~%Ri~';"~~~!C""~~~'~llJK1Jr_<_"y,~~~,~~~1*~"~: ~-T' . ~-,,- ..'~ ...... II PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter f= the next Argunent Court. -----~--------------------------------------------------------------------------------- CAPTION OF CASE (entiJ:e caption must be stated in full) Margaret still and Richard Still ( Plaintiff) vs. Calvin F. Muller and Hertz Corporation ( Defendant) No.01-6641 Civil 19 1. State matter to be argued (Le.. plaintiff's rrotion for new trial. defendant's demurrer to complaint. etc.): Preliminary Objections of Defendant, Hertz Corporation, to Plaintiffs' Complaint. 2. Identify counsel who will argue case: (a) f= plaintiff: Gregory M. Feather, Esquire ~: 1300 Linglestown Road P.O. Box 60337 Harrisburg, PA 17106 (b) for defendant: stacy B. Wolf, Esquire ~s: 126-128 Walnut Street Harrisburg, PA 17101 3. I will notify all parties in writing within boo:> days that this case has been listed for argurent. 4. Argunent Court Date: July 24, 2002 Dated: June 11, 2002 ~ft'-l6. ~ Attorney f=Calvin F Mull . .... er & 'Hertz Corp. " "",.,-","J,.~,?_ ,-',. '- " . ,-",J_, ~ 1< , ~ .-"" . , H "(;l;l:.~I~~i~~."~~~Er""'" '"'",-.,-''-,<'",'"''' I, Stacy B. Wolf, Esquire, hereby certify that I am this day serving a copy ofthe foregoing document upon the person(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, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 17108 (Counsel for Plaintiffs) HARTMAN, OSBORNE & RETTIG BY:~~'~ Stacy B. olf, EsqUire Supreme Ct. LD. # 88732 126-128 Walnut Street Harrisburg, PA 17101 (717)232-3046 Dated: (;) I J / oOt Attorneys for Defendants, Calvin F. Muller and Hertz Corporation k,~ - <':-5-<'_'" _1:_,:,-'~--n":"~ ". . .:-J' ";"', '.-v'-- ~. .. ~ """"""~o,, ,'''~,',.,,'~, ' ",''''.., d'~ "<';~8","f:__f_' c,..",,/~f>'<;--"<'" -- ~--~-"' -'<~ - .,'.,'" ,~1 --"'.,-, .V-.-, ,;___"<" , ", "," >>. """ "M."_ '.',I'"t.:' ~1''''' -'h~:Yi{~'>~\'i&t'.)iI;r~jir:'~--(~f"';; -"":r.I<';~";v:' - "~'llj"~wttr'"- -~:~::iJ '~';;ijjf1-'j~ , "......." 0 c::> If\ N s;: '- ~-\ <' ?fi;; ~ C- -o\:.C rnn'; -~ .._,fT1- '-7 -y , - ;Q.t, &;. c': N ~~~2. ' ' ::~ :+\ ~C7 ..." qB -~,........ "41:~ "'7,-" .-' Orf'\ ..-C..... "'- 5c: .' "" ~ ~ ~ (J'1 ::< ES' 8J../. ,~,~~~j~~~~~~1!~~~~. [Il_~J!ii,~~I~~~- .. r MARGARET STILL AND RICHARD STILL : IN THE COURT OF COMMON PLEAS Plaintiffs : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants PRAECIPE TO REMOVE PRELIMINARY OBJECTIONS FROM ARGUMENT COURT LIST TO: Curtis Long, Prothonotary Please remove the Preliminary Objections of Defendant, Hertz Corporation, to Plaintiffs' Complaint from the Argument Court List as Plaintiffs' have filed an Amended Complaint. Respectfully submitted, HARTMAN, OSBORNE & RETTIG By: ~e.* Stacy B. Wolf, Esquire Supreme Ct. J.D. # 88732 126-128 Walnut Street Harrisburg, P A 171 0 1 (717) 232-3046 Dated: 0/rY!6/o~ Attorneys for Defendants, Calvin F. Muller and Hertz Corporation ::',!,~~,~ "'-~J""'<"'-'~":"","'".,'J':t""'1"_~-'_,,hIi ,.-"),- ,,~--_, " .L'r . _ _ '1._3"__' - - . - -,' -, -"~'_--"_""-,"'"-' ',"'-""",,', . "._, _~, v_ ", ,-. , , ~~.\ttl~u~ijll~~:~.B~~':'. I, Stacy B. Wolf, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(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, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108 (Counsel/or Plaintiffs) HARTMAN, OSBORNE & RETTIG By: ~ac~ B. U~ Stacy B. Wolf, Esquire Supreme Ct. I.D. # 88732 126-128 Walnut Street Harrisburg, P A 17101 (717)232-3046 Dated: CojaE!Q;l Attorneys for Defendants, Calvin F. Muller and Hertz Corporation '~(~\!!~1I!!fI~,,~,<",,"",_~ -c,~,""', ,_,'",""._ '-I -, ..<. ~O__" _, - __ ,. _ _ _ ~ _". ,_ _~. - - :!I "' -,~l"!' ,!JiIFfrmlItI!l~1WU ",.}.',O' ,',~' "'" ,.I!!li!!~,,,,,Jl!I!~~IL_~,, _ ~''''''''~1.-- - .~ -, ~ ' ~~l~'-,- -c,,';'-~'> -- ".~.. ';'"?1KYj[inI\tI~Wi\J't'":f~Ftlid~M1'ulti$;lt;tr't[~~~~~\ 51'1"':: 'ff~lJ.~l.* o c:. :s: ~~r-\ &)S~;: ~' , r:; C~j ~2 -," - C) ,......':1 '- c..-: r~- , -~ ES r3fi " , C"') "rl .--1 -;;~ ~:~J "~ -,',-, ",-"1 .~C) '~.) '-~~-~, ..-"1 ~::> 'jJ '-< ,-l ,--~~~~~~m~~',~'~fjii\~:~~~~~~'f!j'!l:~~~~~~'J!i!Wft!11l~~!!-<"I~'i!j:'lll!'fi?~iil~~~ ~ ,- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sul:mitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter f= the next ArglInent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Margaret still and Richard Still (plaintiff) vs. Calvin F. Muller and Hertz Corporation ( Defendant) No. 01-6641 Civil 19 1. State matter to be argued (i.e., plaintiff's llOtion for new trial. defendant's demurrer to canplaint, etc.): Preliminary Obj ections of Defendant, Hertz Corporation, to Plaintiffs' Amended Complaint. 2. Identify counsel who will argue case: (a) for plaintiff: Gregory M. Feather, Esquire ~: 1300 Linglestown Road P.O. Box 60337 Harrisburg, PA 17106 for defendant: stacy B Wolf E . . , squ1.re ~s: 126-128 Walnut Street Harrisburg, PA 17101 (b) 3. I will notify all parties in writing within t1IoD days that this case has been listed for argunent. 4. Argunent Court Date: August 28, 2002 Dated: 1/~/oa JJ+aq- '-8. rd-:tr Attorney fOTDeferidant 0"; 1,:""""",,,,,,,'1'\ -~=3e /Wi. _JI~~,l" ,__ ...,,"~, . ~,' .r'"~ -...~ ~- - ,_""""__'_"l"'l'W~", ~ o c \:Jt~ q)L_ 2~:(- ~?~ ~~-' ~7~ ~ "'[" O",_,~,_'.' -f"'""i- - ~~","-- -, >-"~'-::1 " ",-," c:-; r....) ,'-', :'-1 C..~ ~:: 'n ~' -ry -, .,. c::) ~ 1'l~I'r.1~C~'f"""!T 11 ~9,ITpr:T:n"_T:r;rJ~~-ntl!'i#l'i(~~m.'t':r~~~11l1'it~~~ji;~'L'WWJ'!f~~~~~r:'~lI-!;~'li~iiA>tl;""Jlm~fi;@IS;~:~_~~~,:~W: ";)'i~'r'<"_ r"~'-r ," _~-_'_ d __' '.'- MARGARET STILL and RICHARD STILL, her husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. ;! CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW t' :i ,q Defendants ,0, NOTICE 1f You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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, ~?; It_: ~x 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 Telephone (717) 249-6 1 ';!~--,-., --n,<.'!',f_"._e"c"oJ'.-V"",^,,_.Y:4_"" ,'~~ c_ ,-,;" \<1 -, ~_:"__n',--"',__,," " ,,-, ~_" __,=~ ,_"v, _c',< - ""'':,'- '--','.'" " .,t<_ ~?_-,~.__,.",-,~"_'_:>-;:__ __,5', , " ;':,j,,-,/,:t'.,,:""'<" ~'-"1 ., 0'_ ~ _'."" -, ,_ -I ,- ~," MARGARET STILL and RICHARD STILL, her husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants ,', '_.1 AMENDED COMPLAINT "J :> AND NOW, come the Plaintiffs, Margaret Still and Richard Still, by and through h their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, Esq., and make the within Complaint against the Defendants, Calvin F. Muller and Hertz Corporation, as follows: 1. Plaintiff, Margaret Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 2. Plaintiff, Richard Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 3. Defendant, Calvin F. Muller, is a competent adult individual currently residing at Box 213, Glenwillard, Allegheny County, PA 15046. 4. Defendant, Hertz Corporation, is a corporation currently doing business at Detroit Metro AARP Building, 289B, Detroit, MI 48242. 1 '/"(~$~'~: " --;" W'__", "_,t7'n:,, ,-' >: ..",.._,_:"--,,,"'-'-~~-t--,-- -- ----,"~ t-, - "-, ~,' -\ ,-~ ',-~"__ ",",';:!",;;","'. ,..' "",~:~- - ,;,_ ",- "",'" -'_ ."',"",, -'---,-,0-_',,__ '","'," '- , ' -~, -- ',,^ , ",' ,"- -- , ;:i<"T'."~,-">! rr y = '" - "<.~." _., .~., ~'<"~~> ...~. ., 5. At all times material to this action, Defendant, Calvin F, Muller, was believed to be an agent, servant, representative, andlor employee of Defendant, Hertz Corporation. 6. The occurrence of the aforementioned collision and all of the resultant ,~ injuries to Plaintiffs, Margaret and Richard Still, are the direct and proximate result of ,,' 01 'i ;1 ~,) the negligence, carelessness, andlor recklessness of the Defendant, Calvin F. Muller. 7. The aforementioned negligent, careless, and/or reckless conduct of jl '.1 Defendant, Calvin F. Muller, occurred while acting in and upon the business of ,;1 i(, Defendant, Hertz Corporation, and within the course and scope of his employment with ';i said Defendant. ;--1 8. At all times material hereto, the weather and road conditions were clear ")j r'; :::--'; and dry. , i" :\~' "; ;' 9. At all times material hereto, Plaintiff, Margaret Still, was the owner and ( ~. operator of a 1989 Ford Tempo bearing the Pennsylvania Registration Number BTB- 6112 (hereinafter "Plaintiffs' vehicle). Plaintiffs' vehicle was insured by Progressive L", '. Insurance Company. i' 10. Plaintiff, Margaret Still, elected the limited-tort option enumerated in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. CSA S 1705(a)(1). j:ii ~~ I;'" However, pursuant to Act 6 of the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa. CSA S 1701 et sea., Plaintiff, Margaret Still, is entitled to seek damages as though she had elected the full-tort alternative, because she sustained injuries as a result of the collision described herein with a vehicle that was registered in Michigan. ~ ~: [,'i. i,: ,," i-, ~ ' See 75 Pa. CSA S 1705 (d)(1)(ii). 2 ,"~!!\1t__. +--~." ; ;..'~t~", ''''''_''''~',''_'_'__,''_'' '_,." "-1',;".-,- "_~':~_.,~_, r,.",', "'<',.i,",,'i ':""'~,',,<" ",'_'! ,",-/-- ", . "C.. "''''~'''.'c '0 ",., _ " " '" ~ 'P". ."'",",," c"~:'Tj~_ -"~, ,~ _ "'n ,~_ ., "..'~, ~.. <.v~, ' 11. At all times material hereto, Defendant, Calvin F, Muller, was the operator of a 1999 Ford Explorer bearing the Michigan Registration Number NTV 211 (hereinafter "Defendants' vehicle). Defendants' vehicle was owned by Hertz Corporation, which is currently doing business at Detroit Metro AARP Building, 289B, Detroit, Michigan 48242. 12. On or about December 17,1999, at approximately 2:55 pm, Plaintiff was traveling on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex ; ~ Township, Cumberland County, Pennsylvania. 13. On or about December 17, 1999, at approximately 2:55 pm, Defendant was traveling behind Plaintiff on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania. 14. At approximately that same time and place, while Plaintiff was waiting to merge onto SR 11 south, Defendant started to move forward while looking left. Defendant drove into the rear of Plaintiff's vehicle. 15, As a direct and proximate result of the negligence of the Defendants, Calvin F. Muller and Hertz Corporation, Plaintiff, Margaret Still, sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Maraaret Still v. Calvin F. Muller 16. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 15 above, as if the same were set forth fully below. 3 ;; ",'J~,~....~ ',' '" ,^"'Z --'-~~",',4~,~".~-h,"''',';'" '':'"j,-... _'jO" ';'-,1_, t _'_I --- ,~,'-o;f-;'-'~_,"'if,5,.,-,,"~ c,""'""_ ,',,' ,<,. "," ", ',,0'_",""""'_ __"~'""_ '".. ''~h",. -"'''C'' ,-;- h".rvr:'~'''~'''''T '_-1.' jjf'"'^~''' ~-',.' ~ . 17. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence of Defendant, Calvin F. Muller, generally, and, more specifically, as set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully traveling on the exit ramp 17 west, off 1-81 waiting to merge on SR " ~ : r: Ii " r ~ , 11 south in Middlesex Township, Cumberland County; f' , i (b) In failing to be reasonably vigilant in order to observe the stopped p ~ ' vehicles including the Plaintiffs'; (1 (c) In failing to operate the vehicle under proper and adequate control , i-; so that he could avoid striking the Plaintiffs' vehicle; (-, (d) In failing to operate the vehicle in such a manner so that he could apply his brakes in a manner that would have enabled him to avoid striking the Plaintiffs' vehicle; (e) In failing to take such precautions as a prudent person would take in regard to the speed and control of the vehicle, as he proceeded on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.SA ~ 3361; (h) In failing to operate said vehicle at a speed and under such 4 r \,_41,,>1)1;;,"} "'<>c ," __"_~'" ,~!_,,,,. ,__.",. . "'. -i.,' ;'""', _~_'_"-'_!",~,.,' ", " "C,.'c, _ .., .,.,_._."',,____ ,. _. "-,', C'_'" .1"-,' ,_ .'P>',. ."<.> ,--, "-"---,,"~ ~- _, 'C" __ ,'_' ~'""., ,-,~~_, ,",,_ .. , ,.-,~~- -'" n~'-~" '.~ . control so as to be able to stop within the assured clear distance, in violation of 75 Pa, C.SA S 3361; (i) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have the vehicle under such control that injury to persons of property could be avoided; 0) In driving the vehicle upon the streets in a manner endangering persons and property, and in a manner with careless disregard to \1 the rights and safety of others in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 18. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 19. As a direct and proximate result of the negligence of Defendant, Calvin F, Muller, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 20. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 5 'IUr:.;J.t.,_., ,\,,<-'<'y?-';.-,- . , -"','1('1'-" ~,' -,'," , '-".-,Y. "-..""",-~".- <e"_ '" ",~\. ".J >, , ,~~~-" . . . .f' ,'!;'-<~ \..-"'~ .__1""''1''- "',' . ('""C"" '.,,"'.'" . 21. As a direct and proximate result of negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention, to her great detriment and loss. 22. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss, 23. As a direct and proximate result of said Defendant's negligence, the Plaintiff, Margaret Still, has incurred lost wages and will in the future continue to suffer lost wages and/or a loss of earning capacity. 24. Plaintiff, Margaret Still believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Calvin F. Muller, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT II - NEGLIGENT ENTRUSTMENT Maraaret Still v. Hertz Corporation 25. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 24 above, as if the same were set forth fully below. 26. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F, Muller, generally, and more specifically, as set forth below: 6 ,-,,"_~.l_ .- ,1" -,-_,<,w,-_^",;:~~~-,""';;,!';~-,:1'0:".h-: ._~-, '-,,, .. _ "" ,~,_ 1 _ -'c',." <<'_':~""^" -"'He,""_"':',"',,,"_, ,_,_, - Po "~, '__ '.~.,,~. _,__,___~_,;=",_",_ '-",,, _,~;,"_-' "?-,,,,___",,~_,__ __-"','_'~ N.~_._ _ .,,, ." -'" IT (a) In allowing Defendant, Calvin F. Muller, to fail to keep a proper lookout for vehicles on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at such a speed, and under such control, so as to avoid striking , (c) i':' n (d) ~ Plaintiffs' vehicle; In allowing Defendant, Calvin F, Muller, to fail to properly observe the traffic conditions then and there existing; and In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop within the assured clear distance in violation of 75 Pa, C.S.A. 3361. 27. At all times material to the action, Defendant, Hertz Corporation, was negligent by and through the careless and/or reckless conduct of their agent, employee, servant, and/or representative, Calvin F, Muller. 28. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 29. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 7 ~~~ 0-.' .~!;lJt'<";>:;-,."'0f1~7"~^~_"'~'<<'" -~r,,< -",_~".._ ?".,"P' -,I' ~-:"--""_:'-"~';("',;t'",.,.,,,,,,,,,,. _-'?_Y;"_~" "_. - ",,"' ,., ~~~, ,~_' _ ,_ ,-~.. " ":' - '_, ,.,.. ,-=~,,'_ - ~y,_,"",_, .__."'-,_ _r., , '", '.'0 ' '''':J 30. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 31. As a direct and proximate result of negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention, to her great detriment and loss. 32, As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 33, As a direct and proximate result of said Defendant's negligence, the Plaintiff, Margaret Still, has incurred lost wages and will in the future continue to suffer lost wages and/or a loss of earning capacity. 34. Plaintiff, Margaret Still, believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT III - LOSS OF CONSORTIUM Maraaret Still v. Calvin F. Muller 35. Plaintiff, Richard Still, incorporates and makes part of this Complaint paragraphs 1 through 34 above, as if the same were set forth fully below. 8 .-{~~-,~~ ,If._~ '--,~.", _ ~:"t,/,:.;.~"_,),_.""~~,-,,-,_,,,,, -'" "-,__,,, ,': ", >',1':- ''-'.' = --"- ,~ ' . .-~ '","-- ,~ .-,,,,,,''^;'~,71-- -, . "M,_" --, "-"',--.-,,,--,,"'''-.--,._, ,-"'" :. - ~ ' ~~ !;I; ::j :) ,'i !,--; )'V~~?'YT,""_~,, _, ~.~" 36. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 37. As a direct and proximate result of the negligence of Defendant, Calvin F, Muller, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. WHEREFORE, the Plaintiff, Richard Still, seeks damages from the Defendant in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. COUNT IV - LOSS OF CONSORTIUM Maraaret Still v. Hertz Corporation 38. Plaintiff, Richard Still, incorporates and makes part of this complaint paragraphs 1 through 37 above, as if the same were set forth fully below. 39. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 40. As a direct and proximate result of the negligence of the Defendant, Hertz Corporation, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical 9 ,~,,' "", /",- ,-~" - , ~,,~-.. '- ,. . ,- ~,~- " ,,-....~,', .'<----- , '1'; --., -., ," -j"" , -- '.",-'<,,",,-, -___,~" _ ",-, -, ."",_,_,,, ___,~__ . ~_ _, c,'''''' . _ '..... "', attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. WHEREFORE, Plaintiff, Richard Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. Respectfully submitted, Date: hfrol- By: ry . Feather, Esq. , 9456 PO x 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiffs 10 ;~-. ~~~ ,. -',~. "";"_"'';-''"'''''_-,'''''-\;'"',- ",","""W~";-' '~""" -_ ,< ~,. '1,_,"_Cf:,." "_",",,, _'o__"'_-,~..~'_," _ _ ' ,~_ __,," n"'_ '_,,,-_,-, _ "'-'''(_0'' '_'_"~"'~"""'"""_'_''''''"'<~_'' _""",1_,'. ~.' . ,,~,^- '~' 'I VERIFICATION THE UNDERSIGNED hereby verify that the statements in the foregoing document are based on information that was gathered by counsel in preparation ofthis lawsuit. The language of the above-named document is of counsel and not our own. We have read the said document and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDER~IGNED also understand that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. DATE: (;;~L-- ~~~~'S~\-~~Sl() , ~;kd7?~ RICHARD STILL , , 'W ,-'. "t:.1flDtr~i\!i-IIt!;~J,L_;'",~=d'o '".-,~ ~_.- -.'- 7:. " 1- ~' '-~ ,~, , .,,7'" ~,---'?,~-, " "~/ " -,",,-, .. " ,M'__C~-'-C, ...".. n"-',:",:,,,;, , . '<' ,.. ~,---- - ._,V_,>", .,. . , ~ , - '-'~ ".- ""'OJ':"TT I CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, CALVIN F. MULLER, and HERTZ CORPORATION, by sending a r; copy of the same to their counsel of record, Kevin E. Osborn, Esq" HARTMAN, OSBORNE & JOYCE, P.C., 126-128 Walnut St., Harrisburg, PA 17101, by United States Mail, return receipt requested, in Harrisburg, Pennsylvania on June ~, 2002. ,':1: gyM. Feather, Esq. rney 1.0. #79456 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 DATE: Itf?~v ( Attorneys for Plaintiffs """R~';,~ )In. ",,,. '"fR.""~",_t;'c~,_",_,_,,,_",_,f7!'c'''': ,~'''~'; '-~""->, ," -dO__,-_,_~~"::" ;<C,:-''---)''''-'"'' ,,,,,,,",'~"""'~ ,,"._ "__,_,,,1 ",",' ~"'~,__,:" _, _ ,,,."o'i',':' _ ,~ -,;_ "":?,C>-,-,--.",--__+-,:"-""",,,,. "'"._,, .'. --.'_~","_'.~ - __~",,__",. n ~ ,,','" ,_,_'.. .o="_~,,,",." _",~~." . """'~"'~'l"",""_''1r" ."T- .,.p- __~o<_' - .lIij!l'J , '.",' ~_-.o- d~,_.,>, , c.',,,,",,, n;:1.,'h--"";-'''hN'' -h~,i~-- r 'SSi~f*lf'\ --~ '-:'Yl'?:::~'tfi::'i~, t-1~"JX Ji~~~~ (') C) 0 c: r'...) -n :<(. C-=. :.:=l -:.;; , , ~ ~_.hl ,,-.-::J \,):"J I -', (::) ~ -r, --0 ;i~~J71 '. -' cS ):.~' 1.:-: ~i -~ "'7' ',.n :r:; :::-~ [0 '< -( ./., -,:,..'~m,',~7"..~.",,;,,::cr.~!'J'~.~)!mf.~,~~:~~~~~.~~~~~~~~, -" . j l:_::-~ 'TI _ .' MARGARET STILL and RICHARD STILL, her husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants ORDER AND NOW, this ."2-9'" day of q,~ , 2002, upon consideration of Plaintiff's Motion to Compel Answers to Plaintiff's First Set of Interrogatories and Requests for Production of Documents, IT IS HEREBY ORDERED that Defendants, Calvin F. Muller and Hertz Corporation, respond to Plaintiffs' First Set of Interrogat?ries and Requests for Production ofDocuments ~\"u.- within 2. 0 days of the iSlwllllee of this Order. Failure to do so will subject Defendants to sanctions as set forth in Pa.R.C.P. Rule 4019. BY THE COURT: /9d J. i;:,c~-_,,}JT ---~-<~':"~0-'.',_"''''',",,,,'-,,,,>--,?>,-,",_,~-,--- "'--,- . d' '''.'-, -,":1" , ~L~' ,,<,~__ ,,,,-'--,,,-'h-...---.-. '-e,', ~",-._,_".' C( --,'- - .. ,;," ~ o ,,~ .," _ ,'_' -t~,--,--_ 'lh" CC"_" ,i~ rt"." - -- ~~i.-~ _.Co',,'-,;_,'._, .'if. i.1'~~lfJ.iH -~~-,-~,/;:.;.;-~~,-;;,>~,~-,-,,~,;;:,---- '-.s:,;;~-" (1'0, '7} ,-:c/O .,,,''''_ , .', ~- , ')TAf{'{ n) un ,;'q W"_ _'_"'-"_ l~... ,.0,: '.' '-J. '1 ,"t d.,l~ CUMi",=;:"I' i'~ r'I-IUN1TV ........_, "'" , \"',-,,, 1'1 I PENNSy!.:,I)WA :~i';,-~~J"tA~,:_~;'t:~W!Jf;'C1~,;;,,, ; 1 ~~!i 3 I I ,',,,:," ;.-:, -'__--_,v~, ;-?r:i""";<'--;-;,:':'-i-",,,~,1'i'''~-'i~:t^''- ~~-"'-> .- ' .- -~- ~ " - ~,. - ~,:: 'co';' " 'il"~k_;@,(!.,(~,-_'f';""""''-Ql:'_"",,,,..i_~",.;r,~_-.:_-;(~{ ,', .. ,.. p" m _ . ;. """'",", " ",""j oj 1 ~~ ~~ ~ J , 't5'~ If 4 '<> , , '. 0'_.- - -'ill .' MARGARET STILL and RICHARD STILL, her husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants MOTION TO COMPEL DEFENDANTS' RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS AND NOW, come the Plaintiffs, Margaret Still and Richard Still, by and through their attorneys, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, Esq., and hereby move this Honorable Court to compel the Defendants, Calvin F. Muller and Hertz Corporation, to file complete and responsive Answers to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents and, in support thereof, avers the following: 1. Plaintiff, Margaret Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 2. Plaintiff, Richard Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 3, Defendant, Calvin F. Muller, is a competent adult individual currently residing at Box 213, Glenwillard, Allegheny County, PA 15046. 1 '~K',_ -"_e" ~~ _~_ ~"r_~ . - -.'~ '. <V". __,. ,,__ "_ ,_~.~. .,__'.,,- . '. '.,r__",,__,. =. ,. , ,. ... ?'~--- "~~~ .' 4. Defendant, Hertz Corporation, is a corporation currently doing business at Detroit Metro AARP Building, 289B, Detroit, MI 48242. 5. On or about December 17,1999, at approximately 2:55 pm, Plaintiff was traveling on exit ramp 17 west, off 1-81, waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania, when the Defendant drove into the rear of Plaintiff's vehicle. 6. On or about November 27, 2001, Plaintiffs filed a Praecipe for Writ of Summons in this matter. 7. On or about May 15, 2002, Defendants, Calvin F. Muller and Hertz Corporation, were served with Plaintiffs' First Set of Interrogatories and Request for Production of Documents. 8. As set out in a letter dated June 19, 2002, attached hereto, made a part hereof and marked "Exhibit A, Defendants, Calvin F. Muller and Hertz Corporation, were advised, by the Plaintiffs, that their Response to Discovery was past due. 9. As set out in a letter dated June 24,2002, attached hereto, made a part hereof and marked" Exhibit B), Defendants, Calvin F. Muller and Hertz Corporation, advised the Plaintiffs they were in the process of responding to their Discovery request. 10. As set out in a letter dated July 1, 2002, attached hereto, made a part hereof and marked "Exhibit C), Defendants, Calvin F. Muller and Hertz Corporation, were given to July 15, 2002 to Respond to Discovery, which was thirty (30) days beyond the original due date, 11. Pursuant to Pa,R.C.P. 4006(2), the party answering Interrogatories "...shall serve a copy of the answers, and objections if any, within 30 days after service." 2 . it~ .Jq(l!"" .-'.' __._,,,,,-. ,~,,~'t_-'!"1'''''_,'_'''''~''__' ,_~_d',,' 'oJ' ',1.<- --<~<~? -;--. --- - - .~" ,."~' -, . ", -- .,' -r.~' " ~----- -"---"'''''' - "-'-",,", ',- ,,- .,"" -- '", '"~ -< ,".. ~ -' - --~,"",--, - ,,~'-'> :~"~~'''.I-:''trl~' ..-~ 12. Pursuant to PaRCiv.P. 4009.12(a), "[t]he party upon whom the request is served shall within thirty days after service of the request (1) serve an answer including objections to each numbered paragraph in the request, and (2) produce or make available to the party submitting the request those documents and things described in the request to which there is no objection." 13. As of the date of this Motion to Compel, Plaintiffs have not received a response to their First Set of Interrogatories ortheir Requests for Production of Documents from Defendants. 14. Defendants' responses to Plaintiffs First Set of Interrogatories and their Requests for Production of Documents should have been served on or before June 14th, 2002. 15. Well over thirty (30) days have passed since Plaintiffs served Defendants' with their Interrogatories and their Requests for Production of Documents: in fact, over 67 days have passed. 16. Plaintiffs believe, and, therefore, aver, that the information that could be gained by the responses to their First Set of Interrogatories and their Requests for Production of Documents is necessary and vital in order for them to properly litigate their claim. 17. In order to complete discovery and move this action expeditiously, Plaintiffs respectfully submit this Motion to Compel Discovery. 18. Assuming arguendo that this Honorable Court does not grant the foregoing motion, Plaintiffs respectfully request a Discovery Conference, 3 }' ;~:;,\\:~1.'l"!C_c.._ _. "c_ _"c~ ",J,.-'"-~ ~.i\o__c~ ",v' ,o"r, _,,~~7','" '-1--' . ., '. ...'. ......,.. --',,~,; . . , <- . """'-"""~,-- '-' F"''i'>f;-',,-, '". 0,,",", -'-" . ,,' ',,"..., . ~ WHEREFORE, Plaintiffs, Margaret Still and Richard Still, respectfully request that this Honorable Court issue an Order, compelling Defendants, Calvin F. Muller and Hertz Corporation, to respond to Plaintiffs' First Set of Interrogatories and Requests for Production of Documents within twenty (20) days or suffer such sanctions as this Honorable Court may deem just. ~!J-~J 02/ Date: p By: Gre ory M. Feather, Esq. Att ney I.D. #79456 00 Unglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiffs 4 ';'?'~Ii.\'Il ~ - , ",'0' "'_~'-;""',':'-R";'~""'~~' -'_~',,,'T''''''',''',;''' ,'-'__ ,,~ ,. 'F ."- _ ",. ,_ _p,_'~."~ " ~~_, "e_ --,'.'."_._ . .~ >c.~_,~,_. __ ",.-,,,,;, .,___',,,v_ L1M Date: 11/26/20011 Date 0p,~n4d: 116/2000 I Page 1 of 1 I' Still, Ms, Margaret A . , Case #: 204240 " 7/18/2002 11:01 AM Case Type: MVA Class; YEL 001: 12/17/1999 Assigned: GMF .' Date: 06/19/2002 _12:26 PM June 19, 2002 Case Note - Paqe 86 of 92 Staff: VFF Topic: CORRESPONDENCE Stacy F, Wolf, Esq, Hartman~ Osborne & Joyce, P.C. 126-128 Walnut Street Harrisburg, PA 17101 ORE:DMargaret A Still v. Calvin Mulier and Hertz ODCumberland Co. No. 01-6641 DDCivil Action - Law; Jury Trial Demanded Dear Ms. Wolf: In response to the Preliminary Objections that you filed on May 30, 2002, on behalf of Defendant Hertz Corporation, please find enclosed a copy of Plaintiffs' Amended Complaint, which is being filed today and herewith served upon you. I have attempted, in the past several days, through conversations with you and your staff, to obtain a Stipulation or Affidavit from Defendant, Calvin Mulier, that he was not an employee of Hertz Corporation at the time of the accident. If Mr. Mulier was not an employee of Hertz Corporation, I would be more than willing to voluntarily dismiss Hertz Corporation from this action, However, since you refuse to provide me with such a document, stating that he was not an employee, I am forced to file an Amended Complaint and name him as an employee, to protect my client's rights to recover from Hertz Corporation, Furthermore, my Discovery requests, which were filed on May 15th, are now past due. Therefore~ I would appreciate your advising me of the expected timeframe for your producing this Discovery to our office. If I do not hear from you within the next seven days advising when you can produce this Discovery, I wili be forced to file a Motion to Compel this information, Lastly, I am requesting that you file a Praecipe to remove your Preliminary Objections from the Argument Court list, since the filing of my Amended Complaint now makes your preliminary objections moot. If you have any questions regarding this, please do not hesitate to contact me. DDDDDDDVery truly yours, DDOODDDHANDLER, HENNING & ROSENBERG :JOIJOOOO OODODDDGregory M, Feather GMF/vff/enclosure cc:OMargaretA Stili 160 Cedar Lane Carlisle, PA 17013 ~. ., HARTMAN, OSBORNE & RETTIG ATTORNEYS AT LAW 126-128 WALNUT STREET, HARRISBURG. PA 17101- TELEPHONE (717) 232-3046. FACSIMILE (717) 232-3538 JACK M. HARTMAN KEVIN E. OSBORNE JEFFREY B. RETTIG AMY C. FOERSTER CINDY L. NICHOLSON STACYB. WOLF WRITER'S EXTENSION: 102 OF COUNSEL MELINDA S, JOYCE \VRITER'S [-MArL ADDRESS: swolf@hoslawpa.com June 24, 2002 Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108 Re: Margaret Still and Richard Still v. Calvin F. Muller and Hertz Corporation No.: 01-6641 Dear Mr. Feather: Please allow this to serve as a response to your concern over Discovery requests voiced in your letter dated June 19,2002. We are in the process of responding to your Discovery requests. We will produce this Discovery to your office as soon as we are able. Thank you for your antidpated cooperation in this matter. ._~,- -1z;;;~uu~ Stacy B. Wolf - i Still, Ms, MargaretA Lpa$e;!l:2D42~~ '. 7/18/2002 11 :00 AM . . Case Type: MVA Class: YEL 001: 12/17/1999 Assigned: GMF" UM Date: 11/26/20011 " Date Op.ened; 1(612000..J Page 1 of 1 Date: 07/01/2002 02:20 PM July 1, 2002 Case Note - Paqe 88 of 92 Staff: VFF Topic: CORRESPONDENCE 000 Stacy B. Wolf, Esq. Hartman, Osborne & Rettig 126-128 Walnut Street Harrisburg, PA 17101 ORE: o Still v. Muller and Hertz DDNo.01.6641 Dear Ms. Wolf: I received your June 24, 2002, correspondence, with regard to my request that you provide our office with responses to Plaintiffs' Discovery requests. You indicated in your letter that you would provide our office with this Discovery as soon as you were able to do so, however, you failed to indicate a date by which you could provide these Discovery responses. I believe it is reasonable to expect that you could produce the Discovery by July 15, 2002, which would give you an extra 30 days beyond the original due date. If you fail to provide answers to these Discovery requests by that date, I will be forced to file a Motion to Compel. If you have any questions, please contact me accordingly. 000000 OVery truly yours, OOOOOOOHANDLER, HENNING & ROSENBERG, LLP 0000000 OOOOOOOGregory M, Feather GMF/vff cc:OMargaretA Still 160 Cedar Lane Carlisle, PA 17013 -:il ~-<~_.'" L . '_~~ - '. . " . .' CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, CALVIN F. MULLER, and HERTZ CORPORATION, by sending a copy of the same to their counsel of record, Kevin E. Osborn, Esq., HARTMAN, OSBORNE & JOYCE, P.C., 126-128 Walnut St., Harrisburg, PA 17101, by United States Mail, return receipt requested, in Harrisburg, Pennsylvania on July 22, 2002. HANDLER HENNING & ROSENBERG, LLP ~~ By Grego M Feather, Esq. Attorney I.D. #79456 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 DATE: IldJlo~ Attorneys for Plaintiffs ~,~_,_,_u_" ,'- ,\'"-~_'_"_'_ "',';'('_'r_ "1-'-",--", p__~;" -",,-~,'-"'"j - _, ,_", '''!~;_ _', - ,___'. ,~,~,', .,_<~ "'''~,_ "0"" _ . __,_"'<_'<~~"__ ' . . "'p-' --." ~~;Y_'--<""~--~--~"" " ,,;B_,.'" ,0,'." ,,^' 0,10 ,~ ",_,n' l ~ ,-"._0" ,--.- 'ok/,,-~'_-_~ "'I> ""l(~D/jjjt:;It--"-'~-':;lt('~-F)':')tf.fff:t~f;t1-::":-;-'i>';'i,-;j~'r101: '. (~') 0 --,1 , .. j-n , TO 7 - " ) , n / ,:] tfi l,o , ~5 ,* '.' ::.~.. "0._, , ,..,-::. -c.:-fn ).-. S~ C') ........J ~I _..j :::> :J5 -< ...J -< J.e,._. <', ',' __ L, -c'" . V",'.<'","'''.'_'_ ,7'e', A," ..c~~!'-~~~~~?~;ll_'~$1__!1!'1Wf!\U~ij .}if~!__mn~~H r::' H"" ,~ -";-;);A~-~"~",~_,,>;.,,, - " ~ . , ~. " .~ MARGARET STILL and RICHARD STILL, her husband PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the July 29, 2002, Order, signed by the Honorable Kevin A. Hess, Judge, regarding the compelling answers to Discovery was served on the Defendants, CALVIN F. MULLER, and HERTZ CORPORATION, by hand-delivering a copy of the same to their counsel of record, Kevin E. Osborne, Esq., HARTMAN, OSBORNE & JOYCE, P.C., 126-128 Walnut St., Harrisburg, PA 17101, on August 1, 2002, /--------;; ./~.--- / G & OsENBERG, LLP / egory M. Feather, Esq. A orney I.D. #79456 300 Unglestown Rd. Harrisburg, PA 17110 (717) 238-2000 DATE: '81lZ-- I. Attorneys for Plaintiffs _'" .,~ ",n_,"_" "" -.n" "__'. ~,~,,_,., " _ ~" __I~'_' --,~,~--'" ,- ".' -- > ., ~" - ~-,-~ -''''' , ,::. ..",.",''''',;''''".=-. . ~ "._~., "",--- -- -~" ,." " " J- "d_ -. 'C',"- '" ',-"g, ~'-A~~'Cf.--I'"' T -lil1i1('~t~'-''','_'''trr cL<~'{'_ ''''~ "'m jl)'ij( .~i-~%tr,;~:'4il'~':" , .' n 0 0 C N ., $: ,,,,,. ,-l -.:J(D c:: ~ lTlfT"'t G") 1+1:-n Z:n I 'crn ZC :00 ~~:: CJ{.L) r:: c,:' --I .~ \:J "l.:=[.\ ~8 --....,~ 7C) l)? 3rT! -I L:.. :.JI > -' ~ -~ {" 'Me,.. ," '",~",?n'_""..'7".'~'1.";'<-'''7 ,,~_,..__,,_J!~~1!~!-~~-_;;;.~~m'~~~,: .#~"~T ~: JlllT MARGARET STILL and RICHARD STILL, her husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION. LAW Defendants (I ~~i PLAINTIFFS' RESPONSE TO DEFENDANT. HERTZ CORPORATION'S. PRELIMINARY OBJECTIONS AND NOW, come the Plaintiffs, Margaret and Richard Still, and hereby file this response to preliminary objections to Plaintiffs' Amended Complaint filed by Defendant, Hertz Corporation, and aver the following in support thereof. 1. DEFENDANT, HERTZ CORPORATION'S, PRELIMINARY OBJECTIONS TO THE PLAINTIFFS' AMENDED COMPLAINT SHOULD BE DISMISSED BECAUSE PLAINTIFFS' AMENDED COMPLAINT IS SUFFICIENT IN PLEADING ALL NECESSARY ELEMENTS OF EACH CLAIM? I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. A. DEFENDANT, HERTZ CORPORATION'S, PRELIMINARY OBJECTIONS TO THE PLAINTIFFS' CLAIM OF NEGLIGENT ENTRUSTMENT SHOULD NOT BE DISMISSED BECAUSE PLAINTIFFS' AMENDED COMPLAINT IS SUFFICIENT IN PLEADING ALL NECESSARY ELEMENTS OF EACH CLAIM? ,';,'ili~;" "-, ,,"-, ~,,<T",:,;,.,_,,"- {'_,,' " '"_'!-,-', .-",,~J'_ '1_' ,-"'/"-,~~',".'t,,_<,,, ~",'- ,'",__'_'" ,","'..".. ,"" ~'."c~~-'T___~'\"","'_ ~-" ~, ". ,-,~- ",' ;'---<--"l'.' -f" '<-n- _ ~ T --~-, "~ , 7. Admitted. 8. Admitted. 9. Admitted 10. Admitted. 11. Denied. The averments is specifically denied and strict proof thereof is demanded at trial 12. Denied. The averments is specifically denied and strict proof thereof is demanded at trial 13. Denied. The averments is specifically denied and strict proof thereof is demanded at trial 14. Denied. Plaintiffs' specifically deny that the Defendant, Hertz Corporation, did rent the vehicle to Defendant Muller but that Defendant Muller was using the vehicle in the scope and furtherance of his employment. 15. Denied. The averments is specifically denied and strict proof thereof is demanded at trial B. DEFENDANT, HERTZ CORPORATION'S, PRELIMINARY OBJECTION STATING THAT THE AMENDED COMPLAINT ALLEGED A NEW CAUSE OF ACTION SHOULD BE DISMISSED BECAUSE PLAINTIFFS' AMENDED COMPLAINT IS NOT ALLEGING A NEW CAUSE OF ACTION? 16. Admitted. 17. Denied. When the proposed amendment does not change the cause of action but merely amplifies that which has already been averred, it should be allowed even though the statute has run. Connor v. Alleghenv General Hospital, 501 Pa. 306 (1983); See also, Schaffer v. Larzelere, 410 Pa. 402, 406-07 (1963). :-"?::::"!0\l?{'-:jtv, ,'t<o,- ,,'_",'_,,"""', ','.._O..,<+,. - 1- -_~_-_,,;~_-,-^__ - ,-- .' ~J'!' ,...., '-~'-- "~ 'j' - :>'~,:r'Y -:''-''', -- .--~_ -., ',-_(_"._,~___"~_..,, {"'C- c '~'~ :-- .-.. 18. Admitted. 19. Denied. The amended complaint is merely amplifying the vicarious liability cause of action that has already been averred less specifically and not adding a new cause of action. 20. Admitted. 21. Admitted. 22. Denied. The amended complaint is merely amplifying the vicarious liability cause of action that has already been averred less specifically and not adding a new cause of action. 23. Denied. The averments is specifically denied and strict proof thereof is demanded at trial WHEREFORE, Plaintiff respectfully requests that this Honorable Court deny Defendant's preliminary objections and enter judgment in favor of the Plaintiffs. Respectfully Submitted, Date: HANDLER, HENNING & ROSENBERG, LLP BY: Gre M. Feather, Esq. t.D. o. 79456 13QO'Linglestown Road Harrisburg, P A 1711 0 (717) 238-2000 Attorney for Plaintiffs ,""","" '"'''~' ,,~ ',- --;:-".<;<,,"J,',y", " ".'" ,f""'-" -'- -,., ",:~ -, , ,"",,^ " ,".c._-,..,~ '0<_" - -- - ~"'~, _.,---,~ ' ",I," ."'LT'- -Tr :LT VERIFICATION PURSUANT TO Pa. RC.P. No. l024(c) GREGORY M. FEATHER, ESQ. states that he is the attorney for the party filing the foregoing document; that he makes this Complaint as an attorney and verifies that it is correct and accurate to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relating to unsworn falsification to authorities. DATE: i:plo I " / ORY M. FEA HER, ESQ. ".,,,,,W'lt~~" - '-"~,,"~ - ":" "~-,,"", '-" _"_<<l'I- -'-','--"'0,-.--. e,."._.,,, -. -,,,,,-,.t-~ ~ ~u,~,., " -. . -'._' - ~,,"-- '."'.,' ~, .,. " ~,(" 'ff" '., ~ - CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Plaintiffs Response to Defendant's Preliminary Objections upon counsel of record on this L day of V 2002, by placing the same in the U.S. first class mail, postage prepaid at Harrisburg, I"~ Pennsylvania addressed as follows: Calvin F. Muller Hertz Corporation c/o Kevin Osborn, Esq. Hartman, Osborne & Joyce, P.C. ]26-]28 Walnut 8t. Harrisburg, PA ] 7]01 Respectfully submitted, Date: f1-v By: / Gregory M. Feather, Esquire / mINo.79456 L-rroo Linglestown Rd Harrisburg, P A ] 711 0 (7] 7) 238-2000 Attorney for Plaintiff "-;~"'~ - ~",,~.", " '-_A!O","_ _,. .=. ^,_",~"__,,. 'O!., .'" O_~"_ ",' ,,_ ,,- , d,. -.".'--~~ -,"'" -, ,~ '.C.'_", , "W', .", '..',' ." [:5 f?t~ ",lIt"" "q"~,,.,,,,,,l 1,,:, ,b, -Yi' '->, ,-' -': ";:Lc'-;;>'-(f'lf':;io;;~"-: -;: :'f:~~40i,~.l#4ii:\i:+l;,;y;,;~;;-::r:~,:~; i~~{"1", 0 c::~ C r-..:, ..c::: :t:* <:1 l,.~\~_ q' ril 1'--', ,:;, " ion Z .. 1 C:J (,r) ..,~ 1 , ~ / , ~~1 ~'f~ , " .. ~-D cc" -" C) ....!.S. ',-.> (') L C) O,n ;> C '2 ..; Z ;"J ~ =< .1"" -< . ' -"--"'~-,'"'" .,,:.-- '._~~r-1?:;~?"_Y_~~~~~~~~~I~~~II~l:,~U,,?l;~~mJ.~::(Ujf~; ~ ".; ';J. " , Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET STILL AND RICHARD STILL v. NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants OJIDk ',',' ""!J!l,, AND NOW this _ day of , 2002, upon consideration of the Preliminary Objections of Defendant, Hertz Corporation, it is hereby ORDERED and DECREED that the Preliminary Objections are GRANTED, and Count II of the Plaintiffs' Complaint is stricken with prejudice. BY THE COURT 1. 'i~,1'!1~< ,. _, ..",","', "_"",,.= ~",_.""..""",~,_.",,,~..,. ','O"T_ ;~~O' '''''~.,,,r.<",.,~~,,.,,o.. ",,0,,__' _.~., ~,,_. ".,. _? ,~.~"., _" ".= .~.C,'., " , ,'. - ,," -~ .'..' -- ',,-''" , ~".. . Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET STILL AND RICHARD STILL v. NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants P_'I1_~&>,1,~,',','.'.",',',,'.:,',i,",',", <'I', It:1,,i.,N,',.',:s,',,', "(;)F,..,.,B,OO,.,.,'.,..,',!B,.',:,E,:"NB",..,.,.,",:',.,'~".',.".,',..,.,:,.,'.,.,',',;r,,:,',',',:,',;,,',...,.,."'.','",.",'.,',.,'..,','.,D:,'"..',',.,.,;r,,"",',:z".,.".",.,."..t".,(:;.,." . "(;)RPORATI()N, .. ',.' "'.'","',, ''I'0;i~J:.AIN'fllj'ES'.!\;~J1l.mim~M:eIlA:ml.'l' .-H'^_'..",,_,'_ '_. "._',' - -'f"- ____,j"-,;,",/"'_,..,"O:"__,'"'.,-..",,,,,,,_,.';,"/;_','""Ii";!ii,..,;-:":-_,-';"'""':_",:,"",;,,,, AND NOW comes the Defendant, Hertz Corporation, by and through its attorneys, Hartman, Osborne & Rettig, to submit the within Preliminary Objections to Plaintiffs' Amended Complaint, and in support thereof avers as follows: 1. Plaintiffs commenced the above-captioned negligence action by the filing of a Writ of Summons on November 19, 2001. A true and correct copy of Plaintiffs' Writ of Summons is attached hereto as Exhibit "A". i i I i I I ! 2. The Return of Service filed by the Sheriff reflects that service of Plaintiffs ' Writ of Summons upon Defendant Hertz Corporation was effected on November 27, 2001. I ! I I I I I I I , I 3. A Complaint was filed by Plaintiffs on May 15,2002. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "B". 4. An Amended Complaint was filedby Plaintiffs on June 19,2002. A true and correct copy of Plaintiffs' Amended Complaint is attached hereto as Exhibit "C". 5. Generally, Plaintiffs allege that Defendant Calvin Muller was negligent in colliding J -LC,aJf.lfllF" .~._ ~._,,=~.".>"~~ ~__ '_~~__M ">"_HW,,'_"' "'--' '" ~,..- - .. wr ) with Plaintiffs' automobile while driving Defendant Hertz Corporation's automobile, resulting in personal injuries. 6. With regard to Defendant Hertz Corporation, Plaintiffs allege that it was negligent in its entrustment of its automobile to Defendant Muller. A. COUNT II OF PLAINTIFFS' AMENDED COMPLAINT. ATTEMPTING TO SET FORTH A CLAIM AGAINST HERTZ CORPORATION BASED UPON THE THEORY OF NEGLIGENT ENTRUSTMENT SHOULD BE DISMISSED FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED. 7. Pursuantto P A.R.C.P. I 028(a)(4), a Preliminary Objection in the nature of a demurrer is an appropriate means of challenging the legal sufficiency of a pleading. P A.R.C-P. 1028(a)(4). 8. A demurrer must be granted when the Court is certain that, as a matter oflaw, there can be no recovery upon the facts alleged. Wurth v. Philadelphia, 584 A.2d 404 (Pa. Commw. 1990). 9. In Count II of her Amended Complaint, Plaintiff is apparently attempting to state a claim against Hertz Corporation based upon negligent entrustment. 10. Paragraph 26 of Count II of Plaintiffs' Amended Complaint reads as follows: COUNT II - NEGLIGENT ENTRUSTMENT MARGARET STILL V. HERTZ CORPORATION 26. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F. Muller, generally, and more specifically, as set forth below: 2 - )"; -',' - .1>,'<,_",,>-',_ "_,,',_x_,, >_~~,_,~,_~_ ~_'""""''''~''""".Ff'''''''c,,'-,-'''<-_~I'1!_'_, _ ,,_~ , '. _"-"" _'_ __ "__" "'____ _ ,-"cc'" ,"",_ _,_~_t"'''"'_''P'''''~'___' .,- ',-~.-- ~'r ,_ _"__"<~ _~.. . ~~ ~ _, a. In allowing Defendant, Calvin F. Muller, to fail to keep a proper lookout for vehicles on the exit ramp 17 West, off I -81 waiting to merge on SR 11 South in Middlesex Township, Cumberland County; b. In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at such a speed, and under such control, so as to avoid striking Plaintiffs' vehicle; c. In allowing Defendant, Calvin F. Muller, to fail to properly observe the traffic conditions then and there existing; and d. In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop within the assured clear distance in violation of 75 Pa. C.SA 3361. 11. Count II of Plaintiffs' Amended Complaint fails to state a claim against Hertz Corporation based upon negligent entrustment. 12. Plaintiffs have failed to state that Defendant Hertz Corporation owed a duty to Plaintiffs. 13. Plaintiffs have failed to state that Defendant Hertz Corporation breached a duty owed to Plaintiffs. 14. Plaintiffs have failed to state the reasons why Defendant Hertz Corporation should not have rented the automobile to Defendant Muller. 15. Plaintiffs have failed, therefore, to state a claim for negligent entrustment upon which relief may be granted in Count II of their Amended Complaint. 3 '{!il)JJ '~_~'_""",' _"~~~'~"'_'~ ~ _ _ _" '^ -,,,~," _._,,, . -~."~ B. COUNT II OF PLAINTIFFS' AMENDED COMPLAINT, ATTEMPTING TO AMEND THE COMPLAINT TO ALLEGE A NEW CAUSE OF ACTION BASED UPON THE THEORY OF VICARIOUS LIABILITY SHOULD BE DISMISSED FOR FAILURE TO BRING A NEW CAUSE OF ACTION WITHIN THE APPLICABLE STATUTE OF LIMITATIONS. 16. Although, pursuant to PaRC.P. 1028(c) (1), a party may file an amended pleading as of course, a party is only permitted to amend the original pleadings and may not bring in a new cause of action. Pa.R.C.P. 1028(c) (1). 17. Plaintiffs have not amended the negligent entrustment claim as originally found in the Complaint, but instead have attempted to allege a new cause of action for vicarious liability by taking advantage of their ability to amend the original pleadings in response to Defendant's Preliminary Objections. 18. After the Statute of Limitations has run, a Complaint cannot be amended to allege a new cause of action. Hoare v. Bell Tel. Co. ofPa.,500 A.2d 1112 (Pa. 1985). 19. In Count II of her Complaint, Plaintiff is apparently attempting to state a new cause of action against Hertz Corporation based upon vicarious liability. 20. Paragraph 27 of Count II of Plaintiffs' Complaint reads as follows: COUNT II - NEGLIGENT ENTRUSTMENT MARGARET STILL V. HERTZ CORPORATION 27. At all times material to the action, Defendant, Hertz Corporation, was negligent by and through the careless and/or reckless conduct of their agent, employee, servant, and/or representative, Calvin F. Muller. 4 :?J!i.,' ..-,- ,_~-" \"-'~""'_-'__'''''''_"''JF,~*-",~~,,,,,_,,",~'_'''''7~_,f~t,__~,"_~,1","IH^'" '--""""'0 '_,"_ ",,,,"<~,{, __,~"),,,,,." . "'--"""'-.,- .. _ _"h'_'C". .,,> _ ,~. " _ 0 _ ~ " 21. In a negligence action pursuant to 42 Pa. C.S.A. Section 5524, the Statute of Limitations began to run on the date of injury, or December 17, 1999. If the period of two (2) years has expired following the date of injury, an action for such an injury is barred. 42 Pa.C.S.A. Section 5524. 22. Plaintiffs had failed to state a cause of action for vicarious liability in their original Complaint, and are now attempting to avoid the Statute of Limitations which has expired. 23. Defendant seeks a Motion to Strike Count II of Plaintiffs' Complaint as the defect of failing to allege a cause of action for vicarious liability in the original Complaint may not be later amended after the running of the Statute of Limitations, because it would constitute the introduction of a new cause of action for vicarious liability. WHEREFORE, Defendant, Hertz Corporation, respectfully requests that this Honorable Court grant its Preliminary Objection as to Plaintiffs' claims against it based upon negligent entrustment, and dismiss any such claim in its entirety. Respectfully submitted, HARTlfAN, OSBORNE & RETTIG By.;{;frwj-I6. ~ Stacy B. Wolf, EsqUire Supreme Ct. J.D. #88732 126-128 Walnut Street Harrisburg, P A 1710 1 Dated: 7/S/C8 Attorneys for Defendant, Hertz Corporation 5 ,~r~,~,w,,,,,~ _'~,,+ 0'-',';'>, ,,"if,'-";; l",,' '"h '"""'""",,,,,,,___,,,,,,;,~'.' ~,''',_ J_\, .,." "", ' =,' _~_.,.."",_ "~", .'..co. ,,'."., _.CO .~,,' __,., 1.' _ -,dc" ~_ _ "" ~,.-- .>-' ~= - "~ ;;'-u--I'mr~j'_"- -~~'~,-~,-. n , '-:~~;.'\-.'''\!'!W!i\ _ , '_"'J,'!!'Il_~:,~~:' ,~~(f(-,~~,~>'~t~~MV CAL.VIN'F. ' MULL:ER _,c""""_"" 801(213 Glenwillard, PA 15046 and HERTZ CORPORATION Detroit Metro. AAPP 81dg 289.8 Detroit. IL 48242 Defendant(s) & Address(es) TRUE COpy FROM RECORD In Testimony whereof, I here unto set my l- and the seal of said Court at Carlisle, Pa, TO THE PROTHONOTARY OF SAID COURT: T' ...;?1.~ da Of~..~t,...,.;}c:c Please isslJe A Writ of Summons in the above-captioned action. ........ ~.. -:E... -~~;ij'~t~-;y~..... L Writ of Summons Shell be Issued and forwarded (IA onley (XX e ff Plaintlffls) 8< Address{esl PRAECIPE FOR WRIT OF SUMMONS Greaorv M Feather. Esouire , 300 Linalestown Road P.O. ~olC 1177 H arrisburll. P A " 1 08 1717\ 238-2000 NamelAddresslTelephone No. of Attorney H ~, '., . b"i1te: . 11119101 WRIT OF SUMMONS TO THE ABovE NAMED DEFENDANT(SI: YOU ARE NOTIFIED THAI THE ABOVE.NAMEO PLAINTIFF(S) HAS/HAVE COMMENCeD AN ACTION AGAINST YOU. Date: November 27. 2001 by ( I CMck here if reverse is used for additionallnformati 1 AOTHON. . 5S w - -"-- ,-, ~-~-'- -', .. ~,~ .. ,. ".r. Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants NOTiCe; You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 Telephone (717) 249-6166 --- HANDLE/E~N ROSENBERG DATE: ~/; :;)7:>- / I Attorneys for P1<lintiffs \1(T"rn')""''['' '..." ' , "'''~.1li''1fkl!!~'~!!!Iiijliillii:'JJ.J1,fl~,ii.il!I;'~n~!'I!t''''''fi,','.!h,Ccl';''\',;;!;,'";;'''!i'~")I,i',,' Kas/c()mp'laji'111I~\t~~m" ,,' '..,.. , M~RGARET STILL and RICHARD STILL, her husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, come the Plaintiffs, Margaret Still and Richard Still, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, Esq., and make the within Complaint against the Defendants, Calvin F. Muller and Hertz Corporation, as follows: 1, Plaintiff, Margaret Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 2. Plaintiff, Richard Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 3. Defendant, Calvin F. Muller, is a competent adult individual currently residing at Box 213, Glenwillard, Allegheny County, PA 15046. 4. Defendant, Hertz Corporation, is a corporation currently doing business at Detroit Metro AARP Building, 289B, Detroit, MI 48242. 1 :~,.,jit~","'" . r.., _"':,""_' ," '['" " - '. "I'. 'lr~~.'n"Trlll!!nf" '" 5.''''_,~t~Je~;~~;and road conditions were clear and dry. 6. At all times material hereto, Plaintiff, Margaret Still, was the owner and operator of a 1989 Ford Tempo bearing the Pennsylvania Registration Number BTB- 6112 (hereinafter "Plaintiffs' vehicle). Plaintiffs' vehicle was insured by Progressive Insurance Company. 7. Plaintiff, Margaret Still, elected the limited-tort option enumerated in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. CSA S 1705(a)(1). However, pursuant to Act 6 of the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa. CSA S 1701 et sea., Plaintiff, Margaret Still, is entitled to seek damages as though she had elected the full-tort alternative, because she sustained injuries as a result of the collision described herein with a vehicle that was registered in Michigan. See 75 Pa. CSA S 1705 (d)(1)(ii). 8. At all times material hereto, Defendant, Calvin F. Muller, was the operator of a 1999 Ford Explorer bearing the Michigan Registration Number NTV 211 (hereinafter "Defendants' vehicle). Defendants' vehicle was owned by Hertz Corporation who is currently doing business at Detroit Metro AARP Building, 289B, Detroit, Michigan 48242. 9. On or about December 17, 1999, at approximately 2:55 pm, Plaintiff was traveling on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania. 2 ^'.~.. '~.'-" ,_ "". ., ~_ " ~1 ". ;, " T - ,= . '7_~ ,~. 'h,ppr&k\fifa~iyh2:55 pm, Defendant was traveling behind 'Rleihitiff,onexit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania. 11. At approximately that same time and place, while Plaintiff was waiting to merge onto SR 11 south, Defendant started to move forward while looking left. Defendant drove into the rear of Plaintiff's vehicle. 12. As a direct and proximate result of the negligence of the Defendants, Calvin F. Muller and Hertz Corporation, Plaintiff, Margaret Still, sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Maraaret Still v. Calvin F. Muller 13. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 12 above, as if the same were set forth fully below. 14. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence of Defendant, Calvin F. Muller, generally, and, more specifically, as set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully traveling on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In failing to be reasonably vigilant in order to observe the stopped vehicles including the Plaintiffs'; 3 '<~~~- , ~- - ~ -.. ,.e..." I ' ",":'-' '_I.:" .,- -", "' 0< , . ~- ~'" " -~~ ~ ")~'Mflrr ", n"II"li.ir"" n ---" - ',0::", "-",,~~,~,"';;"i('f~;~~ _ , so'ttiaHhecould~v6ia stri~irlg the Plaintiffs' vehicle; (d) In famrigto operate the vehicle in such a manner so that he could apply his brakes in a manner that would have enabled him to avoid striking the Plaintiffs' vehicle; (e) In failing to take such precautions as a prudent person would take in regard to the speed and control of the vehicle, as he proceeded on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.SA S 3361; (h) In failing to operate said vehicle at a speed and under such control so as to be able to stop within the assured clear distance, in violation of 75 Pa. C.SA S 3361; (I) In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have the vehicle under such control that injury to persons of property could be avoided; 4 -y [ .J:", ,""",._.., {~. ,,>-,. r ,. ,~ ,--" __0 _ r" ~,'--~ '..!lI"liii1ifl~r"Y T ' mT thelriglit~!andsafetyof others in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 15. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 16. As a direct and proximate result of the negligence of Defendant, Calvin F. , Muller, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 17. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 18. As a direct and proximate result of negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention, to her great detriment and loss. 19. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 5 'iT! . mn r m ,~^""o:-..t,-l,' '-ff~~ ">2(<"i./ . Plairitiff,;M~rfgaret Still,has:incurred lost Wages and ,will intl1efuture continue to suffer lost wages and/or a loss of earning capacity. 21. Plaintiff, Margaret Still believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Calvin F. Muller, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT II - NEGLIGENT ENTRUSTMENT Maraaret Still v. Hertz Corporation 22. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 21 above, as if the same were set forth fully below. 23. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F. Muller, generally, and more specifically, as set forth below: (a) In allowing Defendant, Calvin F. Muller, to fail to keep a proper lookout for vehicles on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle afsuch a speed, and under such control, so as to avoid striking Plaintiffs' vehicle; 6 ;t,:J)J!!i'lli.)lI. ~-,-^.'/J- _".,e,",'_' """'_" . ,," , , l' --- ,,~~ , ';r~ "''tr~]",,::,c,:~'~''''''fi1~]'T''''"- J""'" ~ - M~'ltrfm1606nam~:fis;tt'\el,and there existing; and (d) In allowing Defendant, Calvin F, Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop within the assured clear distance in violation of 75 Pa. C.SA 3361. 24. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 25. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to his great loss, humiliation and embarrassment. 26. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss. 27. As a direct and proximate result of negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention to her great detriment and loss. 28. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 7 :ii'_:]"_;,, 1. ;1._ ",,';'__ _ '-,C,-,lt,', '.'1"'''t~ '7 __ "'<-~ ~ -, ,~~""""" ^'"~-~r ._T""~~_~~'m_~]lrX-- ~- ,,-'- --/--" . nc:iJrredl()stWages and WIlI\ri the future cqntinue to suffer lost wages and/or a loss of earning capacity. 30. Plaintiff, Margaret Still, believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT III - LOSS OF CONSORTIUM Maraaret Still v. Calvin F. Muller 31. Plaintiff, Richard Still, incorporates and makes part of this Complaint paragraphs 1 through 30 above, as if the same were set forth fully below. 32. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 33. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 8 j'>>~:i"""-",: "~_~,~. " ".,,~,""', 'Co". ,.w _'..1 l " "-c..-.,~ ,nfiU t , ,,- WHEREFORE, the Plaintiff, Richard Still, seeks damages from the Defendant in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. COUNT IV - LOSS OF CONSORTIUM Maraaret Still v. Hertz CorDoration 34. Plaintiff, Richard Still, incorporates and makes part of this complaint paragraphs 1 through 33 above, as if the same were set forth fully below. 35. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 36. As a direct and proximate result of the negligence of the Defendant, Hertz Corporation, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. 9 \<ijI"?,;",, ',,<.- . ,,'.. -.~-~~ :~)"';:.- -- '''''.r ~ -" , . - --"~'- -~->- ~.. C~'"i C "TfmriijlJJ T """ WHEREFORE, Plaintiff, Richard Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: By: Gregory M. Feather, Esq. I.D. No. 79456 PO Box 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiffs 10 '-~#~_~,,'- !l,~ L ,_.e- 'h '0._ , ~ ~ ~ ~ 't ". 'I -,,- ',!",---'-"'-"'" documentarebil:@M>, ''''--", " ",_.,u_ ;_' ,-,,', _ '<,,',J"'. ,,,', -: ' t~Jgil1hefea by coU:fi~~nin ipt~PMall.on of this lawsuit. The laiiguage Of the above-named document is of counsel and not our own. We have read the said document and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDERSIGNED also understand that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ..-:j- -Jf-o.) ~&\'Riij~~'~~"&' MAR ' STILL ~'c/.acc/~~t;J2Jl RICHARD STILL ':1~~_"',ll_, ".__~_~" _>'0 ~,!-c--"?o,,,} -- ~l " " Ii __1Lll I hereby certify that a true and correct copy of the foregoing document was served on the Defendants, CALVIN F. MULLER and HERTZ CORPORATION, by sending a copy of the same to their counsel of record, Kevin E. Osborne, Esq., HARTMAN, OSBORNE & JOYCE, P.C., 126-128 Walnut St., Harrisburg, PA 17101, by United States Mail, regular service, in Harrisburg, Pennsylvania on ~q ;'!: ,2002. {I By /' I o M. Feather, Esq. orney I.D. #79456 P.O. Box 60337 Harrisburg, PA 17106 (717) 238-2000 DATE: r;/;5/o v . Attorneys for Plaintiffs -i 'jf'~\, '1"".' ^ -1'.'- ~Jr\'~:TInr:I~,~,~~~~~:,:_::~~:l:~~~'::~:','-.'~,-:.:'~,:~~~~,~~~\;;!~~~:,;;~,.~~::~~~~~:=~~:~~~~:.~~",~~,~~~,A,~",.~;...,.:,~'~~(~.~t.~1.I~ri~.'.,""~ ' MAR""G"."A,.,R,,'E'r,.,"STIL.Land" ,"'" : INT, "H,',',E,;'C"',OUR""T,~b,F,..,,C, ,O,M, MO,N", P"L"EA, S RICHARI:>STlI.:.L, hethusbarid CUMBERLANbCOUNTY,P'ENNSYL VANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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 Telephone (717) 249;'9.166 ) HANpLE~,~~NN~~ / ,/,1]' (.. 4!l'l} .:;-' " By . 't '/'.. /' Gregory . Fe ther. Esq, I.D #79456 ;1300 Linglestown Rd, lp.,-EYBox 60~37 Harrisburg. PA 17106 (717) 238-2000 Attorneys for Plaintiffs "",e" '^.-:: -"~C,"~,--"~,-,.~._-",,..,..~y.,^n._. . ' . !iliililllr', ",""" ",',', ,', ' nW'C't';";";iI'i;)t,' ~~':;>~"i},<--,!:,-~.,;;",:" ~,~"- ::1","-";."" __': ''J,,''j''i~~~'-Y?;.~')\''''': ,->-,''' i" ' MARGARElI"~STIL.:L'and "".'!1"-;".,"" " RICHARD STILL, her husband IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, NO. 01-6641 CIVIL v. CALVIN F. MULLER and HERTZ CORPORATION CIVIL ACTION - LAW Defendants AMENDED COMPLAINT AND NOW, come the Plaintiffs, Margaret Still and Richard Still, by and through their attorney, HANDLER, HENNING & ROSENBERG, LLP, by Gregory M. Feather, Esq" and make the within Complaint against the Defendants, Calvin F. Muller and Hertz Corporation, as follows: 1. Plaintiff, Margaret Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013, 2, Plaintiff, Richard Still, is a competent adult individual currently residing at 160 Cedar Lane, Carlisle, Cumberland County, PA 17013. 3, Defendant, Calvin F. Muller, is a competent adult individual currently residing at Box 213, Glenwillard, Allegheny County, PA 15046, 4, Defendant, Hertz Corporation, is a corporation currently doing business at Detroit Metro AARP Building, 289B, Detroit, MI 48242, i!-::\t~~., ~~',~_,,~, ' :-." ~ ,'.. '1" ~" 1, ~ - ..~ ~ ~ 'TY'"T"[r'rli)" "" "", . '\lSJ\\\l'",_:_~er\'aal1t,Cah.1inF, Muller, was believed to be anagenf,:!seNaht, representative, and/or employee of Defendant, Hertz Corporation, 6, The occurrence of the aforementioned collision and all of the resultant injuries to Plaintiffs, Margaret and Richard Still, are the direct and proximate result of the negligence, carelessness, and/or recklessness of the Defendant, Calvin F, Muller. 7, The aforementioned negligent, careless, and/or reckless conduct of Defendant, Calvin F. Muller, occurred while acting in and upon the business of Defendant, Hertz Corporation, and within the course and scope of his employment with said Defendant 8. At all times material hereto, the weather and road conditions were clear and dry, 9. At all times material hereto, Plaintiff, Margaret Still, was the owner and operator of a 1989 Ford Tempo bearing the Pennsylvania Registration Number BTB- 6112 (hereinafter "Plaintiffs' vehicle). Plaintiffs' vehicle was insured by Progressive Insurance Company. 10, Plaintiff, Margaret Still. elected the limited-tort option enumerated in the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa, CSA S 1705(a)(1), However, pursuant to Act 6 of the Pennsylvania Motor Vehicle Financial Responsibility Law 75 Pa, CSA S 1701 et sea" Plaintiff, Margaret Still, is entitled to seek damages as though she had elected the full-tort alternative, because she sustained injuries as a result of the collision described herein with a vehicle that was registered in Michigan, See 75 Pa, CSA S 1705 (d)(1)(ii), ') f,~~ _. ,_._,"__~ .< , 1 ,",. , , OAThf"""""'l~~f~_:'l'T-'tlf(" ,~ < " L . U er, was tneo-peiiitor ,-...-""., i'1~'the Michigan Registration Number NTV 211 (hereinafter "Defendants' vehicle). Defendants' vehicle was owned by Hertz Corporation, which is currently doing business at Detroit Metro AARP Building, 289B, Detroit, Michigan 48242, 12, On or about December 17, 1999, at approximately 2:55 pm, Plaintiff was traveling on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania. 13, On or about December 17,1999, at approximately 2:55 pm, Defendant was traveling behind Plaintiff on exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County, Pennsylvania, 14, At approximately that same time and place, while Plaintiff was waiting to merge onto SR 11 south, Defendant started to move forward while looking left, Defendant drove into the rear of Plaintiff's vehicle, 15, As a direct and proximate result of the negligence of the Defendants, Calvin F. Muller and Hertz Corporation, Plaintiff, Margaret Still, sustained extensive and serious personal injuries, as set forth more specifically below. COUNT I - NEGLIGENCE Maraaret Still v. Calvin F. Muller 16, Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 15 above, as if the same were set forth fully below, - ~ ",'b:~Vt.._~_",,, ~_."",' _ ~ ,_ " ,. - r"-, ~~ ,." ~- ~ ~ ''>1'f~lfi7''''L''ln,( T" '" . directiyandproxirnatelY by the negligence of Defendant, Calvin F. Muller, generally, and, more specifically, as set forth below: (a) In failing to keep a reasonable lookout for vehicles lawfully traveling on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In failing to be reasonably vigilant in order to observe the stopped vehicles including the Plaintiffs'; (c) In failing to operate the vehicle under proper and adequate control so that he could avoid striking the Plaintiffs' vehicle; (d) In failing to operate the vehicle in such a manner so that he could apply his brakes in a manner that would have enabled him to avoid striking the Plaintiffs' vehicle; (e) In failing to take such precautions as a prudent person would take in regard to the speed and control of the vehicle, as he proceeded on the exit ramp 17 west, off 1-81 waiting to merge on SR 11 south in Middlesex Township. Cumberland County; (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa, C,SA S 3361; (h) In failing to operate said vehicle at a speed and under such -I 0~~"~,_"__ , , . " H'_ -~ . ~",..,.. ~ - ,--^ ;;;"'lptl~J3-llf-:"';;' -, ~-'_ ~[r - ~.'_ =']' ,,0. ",. . . (i) In~faifing'tobecontinuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have the vehicle under such control that injury to persons of property could be avoided; U) In driving the vehicle upon the streets in a manner endangering persons and property, and in a manner with careless disregard to the rights and safety of others in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, 18, As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 19. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment 20, As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered great physical pain, discomfort and mental anguish and will continue to endure the same for an indefinite period of time in the future, to her great physical, emotional and financial detriment and loss, 5 ,\~;-~:~ , ~,-- - "'i ," -'-., -, ,. " , " - , ~- ~ "'" '"'~-:-~itITt"'"'r eri"'"'"'' ~"n n~t -~"-;--~T-" d~' ~L . ....,.__":0':,,_,..,,,_ "ffect a cure for the iJWor'irTi~oicineand medical attention, to her great detriment and loss. 22. As a direct and proximate result of the negligence of Defendant, Calvin F. Muller, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss, 23. As a direct and proximate result of said Defendant's negligence, the Plaintiff, Margaret Still, has incurred lost wages and will in the future continue to suffer lost wages and/or a loss of earning capacity, 24. Plaintiff, Margaret Still believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Margaret Still, seeks damages from the Defendant, Calvin F. Muller, in an amount in excess of twenty-five thousand dollars ($25,000), COUNT II - NEGLIGENT ENTRUSTMENT MarQaret Still v. Hertz CorDoration 25. Plaintiff, Margaret Still, incorporates and makes part of this Complaint paragraphs 1 through 24 above, as if the same were set forth fully below, 26, The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F, Muller, generally, and more specifically, as set forth below: 6 ;otB'~ .--'7'"~""r"f"-""~_''C' " ,. ~" ,~ '~(n~J,,"' ~:)~~~y~~" t ~, " "' ~, " . '" - -- (b) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at such a speed, and under such control, so as to avoid striking Plaintiffs' vehicle; (c) In allowing Defendant, Calvin F. Muller, to fail to properly observe the traffic conditions then and there existing; and (d) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop within the assured clear distance in violation of 75 Pa. C.S.A. 3361. 27. At all times material to the action, Defendant, Hertz Corporation, was negligent by and through the careless and/or reckless conduct of their agent, employee, servant, and/or representative, Calvin F. Muller. 28. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, sustained personal injuries including, but not limited to, injuries to her neck and right shoulder. 29. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been, and will in the future be, hindered from performing the duties required by her usual occupation and from attending to her daily duties and chores, to her great loss, humiliation and embarrassment. 7 ':1",.,",~ '.,.- _ ~,,~ -'I' ,.-- - ~,~, ! ..."~,,-II! ~-, . 'o','"""., " ." . .'. '. ;;T""i"":'~:'7'':r'''T'';'"" i'\sa direct and proximate result of negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has been compelled, in order to effect a cure for the aforementioned injuries, to expend money for medicine and medical attention, to her great detriment and loss. 32. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Margaret Still, has suffered a loss of life's pleasures and she will continue to suffer the same in the future, to her great detriment and loss. 33. As a direct and proximate result of said Defendant's negligence, the Plaintiff, Margaret Still, has incurred lost wages and will in the future continue to suffer lost wages and/or a loss of earning capacity. 34. Plaintiff, Margaret Still, believes and, therefore, avers that her injuries are permanent and serious in nature. WHEREFORE, Plaintiff, Marg;3ret Still, seeks damages from the Defendant, Hertz Corporation, in an amount in excess of twenty-five thousand dollars ($25,000). COUNT III - LOSS OF CONSORTIUM Maraaret Still v. Calvin F. Muller 35. Plaintiff, Richard Still, incorporates and makes part of this Complaint paragraphs 1 through 34 above, as if the same were set forth fully below. 8 -~1fJ1Jjic ~ ''C''-., ..,~- ''', ;<""'~'f>_~ I!, l~' - - 1'_ lr,~o_ ,,'<II! ;IrrrDJ!Jl..,.Jl!EL:::"_~.L- JjL . , ", , 37. A~a'dit~5f and pr6xirri~t~ re~Ulf6f' Muller, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical attention, and may be required to expend large sums of money for the same purposes in the future, to his great detriment and loss. WHEREFORE, the Plaintiff, Richard Still, seeks damages from the Defendant in an amount in excess of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs. COUNT IV - LOSS OF CONSORTIUM Maraaret Still v. Hertz Corooration 38. Plaintiff, Richard Still, incorporates and makes part of this complaint paragraphs 1 through 37 above, as if the same were set forth fully below. 39. As a direct and proximate result of the negligence of Defendant, Hertz Corporation, the Plaintiff, Richard Still, has suffered a loss of consortium, society and comfort from his wife, and he may continue to suffer similar loss in the future. 40. As a direct and proximate result of the negligence of the Defendant, Hertz Corporation, the Plaintiff, Richard Still, has been compelled, in order to effect a cure for his wife's injuries, to expend large sums of money for medicine and medical 9 ':'--;1l!'_;~;~JiU", _, ~"""~, __ _ ". ..~ , y(~,,-:{,-.-!:;,;~;(~ -' '-' 'j"-''':''; - -. ,,' - -,_.;" " ,,':,~<:;'f:.:;.i""~~~~.~J:'~"'X;_'" "-"if-;'i:"-."\~' . . exclusive of interest ahd costs. Respectfully submitted, Date: Cif" 1- HANDLER, HE'~ING & ROSENEf RG, LLP ( / .A-. '.' R'/ By:' -;;f;" V /Gre ry . Feather, Esq. (I.D. . 79456 (--.J:QJ3ox 60337 Harrisburg, PA 17106 (717) 238-2000 Attorneys for Plaintiffs "-';,- .' ""~" . ,-,. """-'. " r' - . , "=~ 10 :'\i1lt;',-;"'"'rO-'t'''~('-'"'"~.''':'T;,.;r'f'', ' ,_.,-,"- ", -,-,". . . . < ufueht and, to the extent that it is based on information that we gave to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the contents of the said document is that of counsel, we have relied upon our counsel in preparing this Verification. THE UNDERSIGNED also understand that the statements therein are made subject to the penalties of 18 Pa.R.C.P. 2252(d) C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~/;;~l-- ~""\ ' ' ~ c;", t ' .' ~IAR'CA~'s.;'ILL ,---"> c. , ~:' -{'%~7-<..JJ C L I( /z..---7~ . ----^- RICHARD STILL ';Cf~!Il:''''''':"T'",:"m'I'~'''~ ,,~~-,,"' ., ., . " ~;,,'~_"'-"-'''''~"'''''''''''.'''''~''''~''~''d~,"jlitJ:J,,:M,,'''-''h'''~~i'~~:~~~'i-~"''''''~'''''''' "&G""""~L""",,-i.j~,li.im,~G'Ji"';;';,*",'., ~^,~':'. . CERTIF,ICAirEiOF ,SERVIGE I hereby certify that a trueafi~iiif~PtQgp.218f;the;~~t~~~(d the Defendants, CALVIN F, MljJWBR.ai]~H~J;Rt~~<3~ft;;r, ',',"_'.. _,; .r ,:_:,.' , ,', copy of the same to their coun$elpf 'r!'!9Qf~;'i;;j,!;;";ti)~iOsbbfri,E OSBORNE & JOYCE, P.C., 126l128W ,'n":t~':7, --,' -,-~. . . . . i'~frisburg, PA' States MCiil, r DATE: (; Jr/v l/ I Attorneys for Plaintiffs 'c~___/!1",_",,__._,_,,___~__ - -,or ,- -! .... . d . C'ER'tt~c,&'ijjji~lJ"S#.~Jj:',,'. I, Stacy B. Wolf, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(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, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108 (Counselfor Plaintiffs) HARTMAN, OSBORNE & RETTIG By: ~~. {y# Stacy B. olf, Esquire Supreme Ct. J.D. # 88732 126-128 Walnut Street Harrisburg, P A 17101 (717)232-3046 Dated: 7/5/0a. Attorneys for Defendants, Calvin F. Muller and Hertz Corporation ''''.. ~ ,< -'''<~.''!''~:-'''",,,>,?'-J,<''"'''~_'',''~'^'-i'',-;, -,""" '-"'1 ,F'" .. '~'" ',,' '--, ,_'_' ,~ ' " ,__0,,' ,_ -'1 -,,~ .~ "',-. ",,'"'''.' m", ~ ...c' ~ " , ~- - k 'C,-' ^ ~, CC~>< <' ,-O~ . C"" . , ,'J, t1f'ii~j'br~f:<;iii-'~' c,<t ;'_-'1:"~"~":"~11~" ',~,,-::i~f}lj':y~,_~;_~~n~ ,~'-', " ., , '"~'"r """t.: .._. -,I n , -,,~ c.-.. CO ,...:.; . .' ,-, ',.,/ .,~'") i i::'{! ::-::-' "',) r ",;' -<~ r;-s f31-1 " _ ~r7T!':"c,...,.;.,\I;1!",JM_\l.ffll~:ry_~1tn"f"Mr1iri'E,,*,~mllirnf:l1~~~...r~~~:!fM-J,:,~~~~~ -"\"~4J\k1<iV 'Y""__ii'iiI- IT ' < . " -~,' ." ' '-J;;,'-;!":,,-:,:!>',;:!,,,-,". oW' , /" MARGARET STILL and RICHARD STILL, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6641 CIVIL vs. CALVIN F. MULLER and HERTZ CORPORATION, Defendants CIVIL ACTION - LAW IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANT, HERTZ CORPORATION BEFORE BAYLEY AND HESS, J.1. ORDER AND NOW, this Il.... day of November, 2002, the preliminary objections of defendant, Hertz Corporation, to Count II of the plaintiffs' amended complaint is SUSTAINED, and said count is DISMISSED. BY THE COURT, ~egory M. Feather, Esquire For the Plaintiffs AL :rlm >t~~ 11 Rf;~ 11-/3-0~ ~evin E. Osborne, Esquire For Defendant Hertz Corporation '~q;.:~.~-,c ,"-', ." """,,',,,' _T, ,'-i I,"' -c. ,">, , \-r"!'< c" ~ - n, 'ki,:illi\0t-';:8i'1#'d?>i',\-!iliM-wr^,'7i:.fA'-"'~)_,_j1jc4-?1$,ii!<?,J;j".,!/;;J~ii-,,,..iJ'.li",,'n"-",~i:t",-fci-,ic,-:-~~'-",;,;'" i",~j~,'~'4--'1>!~:~:BlIll~juf" .-,' ,"" -,,,,,-~,',, ,tL:,; " :tH1lIi; ~f ij~it.&!!J'~i'~ OF (l) ~frll! ! :;-} ..J-.... ";;" ~ .... ,.- :-;;~.,~ ,:~; ,:.,.,,,;,,, ,- -0 ,,'. :\ C) UI~!1Y I' ~1 II ~,., i\r'1 ; ,jJ Cl )1\/;;'" ~_,~;, c,-','''' ,''''''1 " ...t/Vt0;_i jl i~t' ,j!.' !,) )L,'i\JT',' .-.. ''''- ...."'" I I PENNSYLVAN1/\ "". " '.:~;{:;:-I'-/ ,,;' )/n,l ::,<-i\"t~{~,~~.'!i~"irjt;jlr.',;~:; ,lz,., ,~:~d~;,q~ ',-~, ,,<Co<' , H ~ ~, ,~~ -l --'~t*lJ " ~ "'f"'-O"('W' "-fTI[f ,.> . - MARGARET STILL and RICHARD STILL, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6641 CIVIL vs. CALVIN F. MULLER and HERTZ CORPORATION, Defendants CIVIL ACTION - LAW .; IN RE: PRELIMINARY OBJECTIONS OF THE DEFENDANT, HERTZ CORPORATION BEFORE BAYLEY AND HESS, J.J. OPINION AND ORDER Before the court are the preliminary objections ofthe defendant, Hertz Corporation, to the plaintiffs' amended complaint. This action arises from a motor vehicle accident which occurred on December 17, 1999. Plaintiff, Margaret Still, alleged in her complaint that she was traveling on exit ramp No. 17 of Interstate 81, attempting to merge onto SRll, when her vehicle was rear-ended by the defendants' vehicle. The plaintiff claims to have suffered serious injuries from the accident at issue and claims, further, that such injuries were proximately caused by the defendants' negligence. The applicable portion of Count II of plaintiff s amended complaint is as follows: 26. The occurrence of the aforementioned collision and the resultant injuries to the Plaintiff, Margaret Still, were caused directly and proximately by the negligence, carelessness or recklessness of Defendant, Hertz Corporation, acting solely and/or in conjunction with Defendant Calvin F. Muller, generally, and more specifically, as set forth below: (a) In allowing Defendant, Calvin F. Muller, to fail to keep a proper lookout for vehicles on the exit ramp 17 west, off 1-81 waiting to merge on SR ,,8i.::_Jt!!~li)m '.,,'^ w"" "~~:':\"",,^' ;~,_,~'" ^~' ",O~'1\,," ,~ ,. ~~",. ,'-',:", j .,' ,^ "" "'-" '" , ~ . , ", ~<~ '~":fJw'1"n'lrlill Ill' ., " 01-6641 CIVIL 11 south in Middlesex Township, Cumberland County; (b) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at such a speed, and under such control, so as to avoid striking Plaintiffs' vehicle; (c) In allowing Defendant, Calvin F. Muller, to fail to properly observe the traffic conditions then and there existing; and (d) In allowing Defendant, Calvin F. Muller, to fail to operate his vehicle at a speed and under such control, so as to be able to stop within the assured clear distance in violation of75 Pa. C.SA 3361. 27. At all times material to the action, Defendant, Hertz Corporation, was negligent by and through the careless and/or reckless conduct of their agent, employee, servant, and/or representative, Calvin F. Muller. Plaintiffs Amended Complaint, ~ 26,27. The defendant's preliminary objections to plaintiffs' amended complaint seeks dismissal of Count II of plaintiffs' amended complaint for failure to state a claim upon which relief can be granted. This count alleges a cause of action against Hertz Corporation based upon a theory of negligent entrustment. Pursuantto Pa. R.C.P. 1028(a) (4), a preliminary objection in the nature ofa demurrer is an appropriate means of challenging the legal insufficiency of a pleading. A preliminary objection in the nature of a demurrer can be sustained and a complaint dismissed when the complaint is clearly insufficient on its face to establish the pleader's right to relief. Wurth v. City of Philadelphia, 136 Pa. Commw. 629, 584 A.2d 403 (1990). 2 :"!G~~"^".",, ~","~ ,_,'_,,_, ,,'~ ,._",,^ ' ,~r -, I' " -,. ,,'- . -" "',-, "';':'W<J."":':~Jil"~' 'J'1i ,-. c',' ,- 0, - 01-6641 CIVIL A negligent entrustment occurs where one permits "a third person to use a thing or to engage in an activity which is under the control of the actor, ifthe actor knows or should know that such person intends or is likely to use the thing or to conduct himself in the activity in such a manner as to create an unreasonable risk of harm to others." Restatement (Second) of Torts S308; Christiansen v. Silfies, 446 Pa.Super. 464, 472-473, 667 A.2d 396 (1995). In Count II of plaintiff's amended complaint, plaintiff attempts to state a claim of negligent entrustment against the defendant, Hertz Corporation. The amended complaint alleges that plaintiff s injuries were caused by the "negligence, carelessness or recklessness of defendant, Hertz Corporation, acting solely and/or in conjunction with defendant, Calvin F. Muller." The amended complaint makes no factual averments with regard to whether the Hertz Corporation knew or should have known that Calvin F. Muller, the operator of the vehicle involved in the accident with plaintiff, intended to or was likely to use the Hertz vehicle in such a manner as to create an unreasonable risk of harm to others. In fact, the complaint fails to even make such an allegation. In short, the complaint is void of any of the elements of negligent entrustment. Count II fails to state a claim upon which relief can be granted. ORDER AND NOW, this /Z-fJ day of November, 2002, the preliminary objections of defendant, Hertz Corporation, to Count II ofthe plaintiffs' amended complaint is SUSTAINED, and said count is DISMISSED. BY THE COURT, 3 "'"~"~'9>"~,-,,,, "'~': -l'~' 'co_v' ',"" ; -r_,>, 0,- I' ~~" ~ [_ 0 '" ',' , ''''r ,'-' ~- ~"[j~;~e+~;' '~;'1 ~f,'t~""Jj~ f_~." <" "rfii[,,~"-"-" -<"" ~ 01-6641 CIVIL Gregory M. Feather, Esquire For the Plaintiffs Kevin E. Osborne, Esquire For Defendant Hertz Corporation :rlm "!l"",""_,_ ,_>>p-" "C'1~.."",~""",,-:""'"-f' ." 1 , ~'-," ' , =~j n' 4 ,~ ',;'" IT'~ Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET STILL AND RICHARD STILL v. NO,: 01-6641 (: i 'I i 'j :i CALVIN F. MULLER AND HERTZ CORPORATION Defendants " [j i:! NOTICE T." GPLE,AD,.".', , -' " . ;; :.; You are hereby notified to file a written response to the enclosed Answer and New Matter q eJ within twenty (20) days from service hereof or a judgment may be entered against you. ;t ~-i Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. By: K..~~ cza~. Kevin E. Osborne, Esquire Supreme Court LD. #34991 126-128 Walnut Street Harrisburg, PA 17101 717-232-3046 Dated: November 19, 2002 Attorney for Defendants, Calvin F. Muller and Hertz Corporation ,'_i \0:>,,;-,,<'0, .t:-)'-,~;<,~:f{'!i'~~"_"',,:,,~_~,\,,. :t"__," '."""1,"'~'~;j"~""'i,,,,,,,,,.." ",<,"'~~ ""'~1i"".""~'~",'f';"'~' """, ,,1 -"~"'~'"~_''''''Y_'' ":,,,..1; ","' , - , ';'--" .~, ~i,..~"",.,""",",,~'r _ ~, ;ow ", -, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARGARET STILL AND RICHARD STILL v. NO.: 01-6641 CALVIN F. MULLER AND HERTZ CORPORATION Defendants AN~j;WEj:{WITHNEWMAT'F:ER()FPEEEl'TDANTMUtLER: TO PLAlNtIFFS'AMENijEP;CQM:PLAlNT . ~c'",~"<,,,. " ,,,- _':' ,. ,,_, _ _w _,_ ,< " _~, -,/ ",,,"'" - _' ,'"",, - -, < AND NOW, comes the Defendant, Calvin F. Muller, by and through his attorneys, Hartman, Osborne & Rettig, P.C., and in response to Plaintiffs' Complaint avers as follows: 1-2. After reasonable investigation, Defendant lacks information and knowledge sufficient to form a belief as to the truth of the averments set forth in Paragraphs 1 through 2 of Plaintiffs' Amended Complaint. The averments are therefore denied, and strict proof thereof is demanded at trial. 3. Admitted. 4. This Defendant is no longer a party to this lawsuit and no response is required of this allegation. 5. Admitted. 6. The averments of Paragraph 6 are denied in accordance with Rule 1029(e) of the Pennsylvania Rules of Civil Procedure. 7. The averments of Paragraph 7 state conclusions oflaw to which no answer is required. To the extent that an answer is deemed required, the averments are denied and proof ~;t;;.,.,..:,-,~. >~ '~~--~,'-", "--;:,!,,-':;:;f;",,{,-,::,_.-~:,_,, ".. )-"._~,,,,' , ""-<'1'-"""-'-' , ,""""0" ","~". hOt'"' ^"", ,'..','-'.--_.,' ,^: .,-, ", ',-,~ ~"".o\> "'" _ ,c",""'_'.''''-' . " ,> ~ .~, ~,",-,~ '>",r'-""9ff'''';;l-_<:__,,_~__, '" ~. ,~_.' thereof is demanded at trial. The Defendant incorporates \1erein by reference his answer to Paragraph 5 above as if set forth at length. 8-15. The averments of Paragraphs 8 through 15 are denied in accordance with Rule 1 029( e) of the Pennsylvania Rilles of Civil Procedure. COUNT I - NEGLIGENCE Margaret Still v. Calvin Muller 16. The Defendant incorporates herein by reference his answers to Paragraphs 1 through 15 above as if set forth at length. 17. The averments of Paragraph 17 state conclusions oflaw to which no answer is reqnired. To the extent an answer is deemed required, the averments are denied and proof thereof is demanded at trial. It is specifically denied that Defendant Muller was negligent: (a) In failing to keep a reasonable lookout for vehicles lawfully traveling on the exit ramp 17 west off 1-8 1 waiting to merge on SR 11 south in Middlesex Township, Cumberland County; (b) In failing to be reasonably vigilant in order to observe the stopped vehicles including the Plaintiffs; (c) In failing to operate the vehicle under proper and adequate control so that he could avoid striking the Plaintiffs' vehicle; (d) In failing to operate the vehicle in such a manner so that he could apply his brakes in a manner that would have enabled him to avoid striking the Plaintiffs' vehicle; ( e) In failing to take such precautions as a prudent person would take in regard to the speed and control of the vehicle, as he proceeded on the exit ramp 17 west, offI-8l waiting to merge on SR 11 south in Middlesex Township, Cumberland County; -2- ,'-'.,!,,~-'!l!-'.,."'!l "0'_, 1~ " ' ,...,... ~,= '. ~- . (f) In failing to maintain proper and adequate observation of the existing traffic conditions; (g) In failing to operate a motor vehicle at a speed that was safe for existing weather and road conditions, in violation of 75 Pa. C.S.A. 9 3361; (h) In failing to operate said vehicle at a speed and under such control as to be able to stop within the assured clear distance, in violation of75 Pa. C.S.A. 9 3361; (D In failing to be continuously alert, in failing to perceive any warning of danger that was reasonably likely to exist, and in failing to have the vehicle under such control that injury to person sof property could be avoided; and (j) In driving the vehicle upon the streets in am manner endangering persons and property, and in a manner with careless disregard to the rights and safety of others in strict violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 18-23. While denying any negligence on his part, the Defendant states that after reasonable investigation, he is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraphs 18 through 23 and proofthereofis demanded at trial. 24. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 24 and proof thereof, if relevant, is demanded at trial. Any implication that the Plaintiffs' injuries are permanent and serious is denied in accordance with Rule I 029( e) of the Peunsylvania Rules of Civil Procedure. WHEREFORE, Defendant demands judgment in his favor and against Plaintiff. -3- '-':'~N""'t1"_'!\~il,... ~ ~,' ~ , 'T . "" _. )~ COUNT II - NEGLIGENT ENTRUSTMENT Margaret Still v. Hertz Corporation 25-34. The Court has stricken this Count. COUNT III - LOSS OF CONSORTIUM Margaret Still v. Calvin MllIller 35. The Defendant incorporates herein by reference his answers to Paragraphs I through 34 above as if set forth at length. 36-37. While denying any negligence on the part of Answering Defendant, he states that after reasonable investigation, he is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraphs 36 through 37 and proof thereof is demanded at trial. WHEREFORE, Defendant demands judgment in his favor and against Plaintiff. COUNT IV - LOSS OF CONSORTIUM Margaret Still v. Hertz Corporation 38-40. Count N is a derivative action arising out of the claims set forth in Count II of Plaintiffs' Complaint. That Count has been stricken by the Court and this Count is stricken as well by operation oflaw. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff. NEW MATTER 41. The averments in Plaintiffs' Complaint fail to state a claim upon which relief can be granted. - 4- ;;~~--'I'W' -, ~.. , ,.., , "t- "'1' c . . 42. At all times relevant hereto, Answering Defendant complied with the applicable standard of care. 43. Nothing done or omitted by Answering Defendants was a proximate cause of or a substantial factor in causing any injury to Plaintiff. 44. Any acts or omissions of Answering Defendant alleged to constitute negligence were not substantial factors contributing to the injuries and damages alleged in Plaintiffs' Complaint. 45. Any claim or cause of action set forth in Plaintiffs' Complaint is barred and/or may be barred by operation of contributory, comparative negligence of Plaintiffs as may be developed during discovery, and the same is alleged herein for purposes of preserving that defense. 46. Plaintiffs' claims may be barred by the applicable statute of limitations. 47. The Plaintiffs' claims may be limited or barred by Plaintiffs own tort recovery selection. 48. The Plaintiffs' claims are limited or governed by the Pennsylvania Motor Vehicle Financial Responsibility Law, the provisions of which are incorporated herein by reference as if fully set forth at length. - 5 - <''^'o/l-<;,''-'!p.l''"< , , ,'~~ ''"'~--r """""""'~ . ~ 1-' .....~" ~ WHEREFORE, Defendants request judgment in their favor and against Plaintiffs. Respectfully submitted, HARTMAN, OSBORNE & RETTIG, P.C. By: Jr:~ ~~~aA -' D 'Kevin E. Osborne, Esquire Supreme Court LD. #34991 126-128 Walnut Street Harrisburg, P A 171 01 717-232-3046 Dated: November 19, 2002 Attorney for Defendants, Calvin F. Muller and Hertz Corporation - 6 - '-. . .,..".'..,'h'...".... . ....f'."..""". ....',,, ^ ,< ",' , -'" ,',', , \iil'-'="~" - '=~" ' <,. _0 -~,,"-,- ''',~ ',"' , 11/19/213132 13:49 72445737133 MOBILE ~IASH _._:.....~W1_~,~"_~!i. PAGE 131 VERIFICATION I, Calvin F. Muller, hereby verify and state that the facts set forth in the foregoing ANSWER WITH NEW MATTER OF DEFENDANT MULLER TO PLAINTIFFS' AMENDED COMPLAINT are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Dated: II~ 20 - 0 L- ;:::Y-~ -j ,~dL Calvin F. Muller . ,,;,,~i!ijfl!I1Iii:l!l . ". , . ~ . ~ ,r.. .,' ,~ - . ~-- ,~ GER!fIFIGATE()F'SERYIG'Ji;' , I, Kevin E. Osborne, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements ofthe Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, PA 17108 (Counsel for Plaintiffs) HARTMAN, OSBORNE & RETTIG, P.C. By: /~ ?(ZJ~P::- Kevin E. Osborne, Esquire Supreme Court LD. #37349 Cindy L. Nicholson, Esquire Supreme Court LD. #83823 126-128 Walnut Street Harrisburg, PA 17101 Dated: November 19,2002 Attorneys for Defendants ~-,~t^""c,,' ,', f"'7"""^';i',,"J!1=>'<''<P.71~~,'''''' _',,_"". """,~,_,' '_",', "",O'_,"'"_,_,,>.,~,, ."'~,' ___,.. "'.",' ,,_,_<.. ,,,.,<- ~ ,,~ ,', c o-"~"' "_,'__ ",,'"", <.." _o,,~,'''' ..' , ~,",-~' .'. " ,,,' ,.d~" C" '''-''''';;;''.d'~'',~r.-k''"i.-,-' ",-'-'{- '1""":'- "<<;"'H'r-""A~'-I''''''':''''''.1.-rt '-TIr""::"'l'if' \,~~ ""'~,, _ ", ""_'~"~'",''' ',' 'i'J'<~, ~ . " ,__ '., ~e~'~'~~~'~-.'~~,_T ,-' ~Q!' 1";- -....- ,---' 5.1 :'.::-;: .' C"J '-:1 ",,) 'r. ,) ("..; -<... E-3" f3!/ --'" -\~ i ,'')'' ",~~: ,07,,.-,rlrl~~~~~;: ~~ MARGARET STILL AND RICHARD STILL Plaintiffs v. CALVIN F. MULLER AND HERTZ CORPORATION Defendants --"- ~ .t..-,,;-,. ,',.. '-~.-\":~t'.:Y,~:';:ii!it~~Xj;iiif:f1}$'Gt.& IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-6641 "'D".i,t,:i~~)"?i'~;'ii:ill:lY"""" ""\~iT~ . .""~,e;..1l"~i'iJ!~"g.l,'S~QN'fi~;;,~.~ TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended. Dated: April 1 6, 2003 !~~rw,~~r_,-: _ '__;C Respectfully submitted, Attorney for Plaintiffs ___"_'"-""'_0 ~ , "': "'''"'~:!:-::'''''"::;'':'~C~,t2<::~. '-.'~ :?"'~,,' ""'-_~"""5'+1;,:' ':,~ ''''t'r,tw,"<",:o.., ,.~,,', -",,- ,;' '" ~_.-~,,"- "',"- ',-- U_, '," ,'.~'''' ' , ~ir - ~ J(;i ,-~" '\:;'0~/,!"~:r;._~,:~~,;;~j31(~~~~'1rJ?,]f , ,. # (;:Jj)"']"lE\'[(;A'l'E()FS:Jj)RVJC~ I, Kevin E. Osborne, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the person(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, first-class postage prepaid, as follows: Gregory M. Feather, Esquire 1300 Linglestown Road P.O. Box 1177 Harrisburg, P A 171 08 (Counsel for Plaintiffs) HARTMAN, OSBORNE & RETTIG, P.C. By: J~ 2J/J~dY-R Kevin E. Osborne, Esquire . Supreme Court I.D. #37349 126-128 Walnut Street Harrisburg, P A 171 0 I Dated: April 16, 2003 Attorneys for Defendants ';;."i".':0";\,,",~"'_''*'~_1'llI. . , t-''. ",,' F:~' ..-<'f' , 1-~'tI!m'1lf;;~~':n1!;!Jj'Tt,;itE1-€.)iI~.it!:&'J.:."\if~~fjtr'" !, '," ';:- :'-,:.'-';-:_",,'._1 ~J"',.itl!1I'f!lIII. '~' 'N~_" ',>" ' !If, ,.- ,~U.lll!,~ -r'l ''''''''''!IIQjI~~f,~_, " "'", ~,^ ,-~=,-,-~'"'-"-'"''"-,- -".. 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