HomeMy WebLinkAbout99-04068k
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Cam %2NWULTN OF PENNSYLVANIA NOTICE OF APPEAL
L COURT OF COMMON FLEAS
Cumberland County FROM r/_ ,2 • 9 t?
JUDICIAL DISC RIC
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na y' 9 - Y06 9 1 T-A,
NOTICE OF APPEAL
Notice is given thnt the appellant has filed in the above Court of Common Pleas an appeal from the judgment tendered by the District Justice on the
date and in the case mentioned below.
William Diehl
Road
Carlisle
PA
09-3-05 Gavle A. Elder
CV 19 0000135-99
LT 19
100Bf1
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment far possession in this case
Signature of Prothonotary or Deputy
17013
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPEs To Prothonotary
to file a complaint in this upped
dlee(s),
Enter rule upon W R Taxi C•rn?san, Tnr?Smtt St?i gar yl?0211
(Common pleas Na ypL- -106 F ? Ttc.,. ) within twenty (20) days after ss y of judgment of non pox
tue , ttarlBy a agent
RULES To w s max; crvn sane1,qrr1 ; ar a ell Bar a Sumple-Sullivan, Esquire
--?a g pp ee(s)• 549 Bridge Street
Name of appeaeelsl
New Cumberland, PA 17070
(1) You are notified that a rule is hereby entered upon you to file a complaint in Pg l %iyA'tvTeTit3y1(-rr 20) days after the date of
Service of this rule upon you by personal service or by certified or registered moil.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing
)
Date: ,19.q IYLd[1) ?cs7u,
of FrothonaWy or Dgouty
AOPC312'61 COURT FILE TO BE FILED WITH PROTHONOTARY
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(pajalsl6w) (pagllrao) Aq r-1 aelAIas leuoslad Aq [] -6t _ uo passaippe sum alnH all
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uo '- - -- (amen) aopadde all uodn pue olalaq pagaelle ;dwal
s,lapuas 'pew (pa.a)s16a1) (pagglaa) Aq p eoiAAas leuosiad Aq (] (actmias to alep)
uo ulaia4l paleublsap aollsnf )oplsl0 al} uodn ON seald uowwo0 'IeaddV )o aolloN ato to Adoo e Ej
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COMMONWEALTH OF PENNSYLVANIA
rni WTV nG• CUMBERLAND
09-3-05
DJ Name. Hon.
GAYLE A. ELDER
Aadn"' 507 N. YORK ST.
MECHANICSBURG. PA
Tekphdam (717 ) 766-4575 17055
WILLIAM DIEHL
209 MOOREDALE ROAD
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment:
?X Judgment was entered for:
I,
NOTICE OF JUDGMENTITRANSCRIPT
PLniNtu'F: CIVIL CASE
NAME and ADDRESS
rW S TAXI COMPANY, INC/SCOTT STAIGERR
2103 OLD HOLLOW ROAD !j
MECHANICSBURG, PA 17055
L J
VS.
DEFENDANT: NAME and ADDRESS
I'DIEHL, WILLIAM
209 MOOREDALE ROAD
CARLISLE, PA 17013
L J
DocketNo.: CV-0010135-99
Date Filed: 5/26/99
(Name) w q mnxT rOMnAwv,T?1r/Srnmm em
?X Judgment was entered against: (Name) nTFHr, WTT T TAM
in the amount of $ 3, nFi _ sn on:
? Defendants are jointly and severally liable.
? Damages will be assessed on:
? This case dismissed without prejudice.
? Amount of Judgment Subject to
Attachment/Act 5 of 1996 $-
F Levy is stayed for days or ? generally stayed.
n Objection to levy has been filed and hearing will be held:
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A,COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
Date District Justice
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
4 i Date \ r I , District Justice
My commission expires first Monday of January
2002
(Date of Judgment) 6/21 /OQ
(Date & Time)
Amount of Judgment $ 2.996.00
Judgment Costs $ 65.50
Interest on Judgment $
0
.0
Attorney Fees $
0
.0
Total $ 3,061.50
Post Judgment Credits $
PostJud6 rent Costs-- $
Certified Judgment Total $
SEAL
AOPC 31599
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
fTiu.s eroor of aervrro MUS? BE FILFO MI fHIN T( N i 101 0 -Y5 AF /Flt i0rg Uro nonce or appaal. Check appOCable bones)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF_?,(,(r)!. !h!?'M/ ; gy
AFFIDAVIT: I hereby swear or affirm that I served Q y
I. rn copy of the Noti?cf, of Appeal, Common Pleas No Upon the District Justice designated therein on
("to of sorvfco) L? Idaa [ b" Snnii SPfVICC 'S4 by I,erlitn` (registe bid) mniI, sender's
J------___--- ? ?(
rerript a ached hereto, and upon the appellee- rnrnrrol I t on
19 4.0 U
? by personal sorvice ? by ?ortifie (reglsler sander's receipt attached
S-d and further that l sowed the Rule to Fie a Complaint accompanying the above Notice of Appeal upon theap ellee(s) to whom
the Hine was addressed on 19Ej by personal servicejo by ertiti- (registered)
mail. sender's receipt anachod hereto
SWORN (AFFI MED).A SUBSCRIBED BEF014E ME
THIS __v (?/I/lY'OF
Signature of afflant
S,gnafuru vl olOCrI Celo?o wApni s!hrLn:r wqr r,.,nv
Tali, or"Iff" / -----
My
NOTICE OF APPEAL
COMMONWEALTH OF PENNSYLVANIA
COMMON PLEAS
FROM 9q
JUDICIAL `DISTRICT
DISTRICT JUSTICE JUDGMENT
COURT OF CO COMMON PLEAS Na 'Fl- - ?/ L)la X ('??
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an ft
date and in the case mentioned below.
S)illiarf
209 17013
6/23199 ?1 °laxi ?: Ia".3!'lyr i C? ,000i_ }l?,l ?? ?ll ?li'_?P. iJl_hl
Cv 19 uow1
IT 19
This block will be signed ONLY when this natation is required under Po. R.CPJP. No If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
10081L
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothonotary a Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Disinct Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rub upon'' ?:a>:i _:0.1.f,-aml, l:u:; :Sn_•tt lee(s), to file a complaint in this appeal
!I Name w appellee(s)
y of judgment of non pros.
(Common Pleas Na 1 ??? '??(? `"t"`''`'1 T`"?"?' )within twenty (20) days offer service rule or, 3 vfW . ., nfr
re uncle-:, iQae;pe gU ',(anerOr Vent
ar&a.
RULEt To Oppellee(s). 54:i "'ri q•? treat
Name of appelkreisl _.•; il?:nnr_Y12ndr ? 9 17070
u,srr_ Ct 32317
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of
service of this rule upon you by personal service or by certified or registered mail.
(2) If youfilo not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3)The date of service of this rule if service was by mail is the date of mailing 7
Date: 19 sprwure ' or ?'6- . -
r
AOPC ar:•er COURT FILE
f?
Z 143 612 065
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for international Mall sea reverse
SenIto
D
5lreet a Number
Pon 0", 5111161 6 ZIP Cade
PA 170c;r,
Posmga $ 3 3
Certlaed Fee - U
Special Delivery Fee
RasWded Delivery Fee
Return to (
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EXHIBIT
Z 143 612 064
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail lSee reverse)
Sent to Scott
S Taxi Can , Inc./.
Stme18 Number
2103 Old Hollow Road
Post once, state, a zip code
echanicsbur PA 17055
Postage $ 83
Cued Fee
Special Delivery Fee
Restricted Delivery Fee
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WEST SHORE TAX COMPANY, INC./ : IN THE COURT OF COMMON PLEAS
SCOTT STAIGER, : CUMBERLAND COUNTY, PENNSYLVANIA
PlaintiffS
V. NO. 99-4068
CIVIL
WILLIAM DIEHL,
Defendant
The Affidavit of Service filed on July 7, 1999 which showed mailing of the Notice of
Appeal and Rule is hereto amended to include the actual receipt cards showing service by
Defendant. The original receipts are attached hereto as Exhibit "A".
I hereby certify that the facts set forth above are true and correct to the best of my
knowledge, information and belief. I understand that any false statements made herein are subject
to penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
Dated: July 8, 1998 `lX?0G( v'' Aav-?
LISA WASSERLOOS
r
SENDER: -
•C°"pete Rear I andlor 2 for additional servkas. I also wish to receive the
•Comptle llama s.4a, a, and 46.
ePdm your name end addme on the revere of this form w that we can return this following services (for an
card to yWou. extra fee):
aARach thl• lorm to the from of the mailplece, or m the back If space dose not
ppae 1. ? Addre dress
•e1Ma R Realm W Return RsWpf Rpuested'm the mallplsp below the article number. delivered. Receipt will Mow to whom ins ankle was delivered and the dat estdcted Delive
or ee.
3. Article Atltlreasetl to: 4a. Article Number
District Judstice Gayle A. Elder Z 143 612 065
507 N. York Street 4b. Service Type
Mechanicsburg, PA 17055 ? Registered %Certlgad
? Express Mail 0 Insured
? Return Receipt for Momhandse ? COD
December
and fee
SENDER:
:complete item i anwor 2 for additional services. I also wish to receive the
•complete item 3,4a, and 4b. following services (for an
•Pnm your name and address an the revere of this tone so that we can return into extra fee):
Card to you.
•
A
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a
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h this form to the from of the meilpleca, or on the back If pace does not 1. O Addr '
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g •Wme'Refum Reoelpf Requested' on the meilpiace below the article number.
slhe Return Reoelpt will show to whom the article was delivered and the date Restdcted Del
delivered.
W S Taxi Company, Inc. Z 143 612
Scott Staiger 4b. Service Type
2103 Cld Hollow Road ? Registered
Mechanicsburg, PA 17055 ? Express Mail
? Return Receipt 1
and fee is paid)
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EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC., )
a Pennsylvania Corporation, )
Plaintiff )
V. ) No. 99-4068
WILLIAM DIEHL, )
Defendant ) CIVIL ACTION
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 claim 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, Pennsylvania 17013
Telephone 717-249-3166
Wcsl Sham Taxi/Complaint
July 22, 1999
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC.,
a Pennsylvania Corporation,
Plaintiff
V.
WILLIAM DIEHL,
Defendant
No. 99-4068
CIVIL ACTION
COMPLAINT
AND NOW, comes Plaintiff, WEST SHORE TAXI COMPANY, INC., by and through
counsel, Daniel M. Myshin, Esq., making a Complaint, of which the following is a statement:
Plaintiff, WEST SHORE TAXI COMPANY, INC., is a Pennsylvania Corporation
licensed to operate a taxi business within the Commonwealth of Pennsylvania with principal
offices at all times material hereto located at 2103 Old Hollow Road, Mechanicsburg,
Cumberland County, Pennsylvania.
2. Defendant, WILLIAM DIEHL, is an adult individual who, at all times material hereto
resided in Cumberland County, Pennsylvania.
3. On or about September 1997, Plaintiff and Defendant entered into a written agreement
whereby Plaintiff agreed to lease a taxicab to Defendant as an independent contractor in
exchange for certain lease payments pursuant to a rate schedule set forth in Plaintiffs
standard Taxicab Lease Agreement.
4. In consideration of the aforesaid written agreement, Plaintiff provided Defendant with a
taxicab, and Defendant paid Plaintiff a security deposit in the amount of Two Hundred Fifty
($250.00) Dollars and drove Plaintiffs taxicab on various dates from February 1997 until
November 30, 1998.
West Shore Tnxi/Complaint 2
July 22, 1999
5. After diligent search, Plaintiff is unable to locate the original written agreement between
the parties. A true and correct copy of Plaintiffs standard Taxicab Lease Agreement is
attached hereto as Exhibit A. Plaintiff believes and therefore avers that the terms and
conditions of the written agreement executed by the parties in September 1997 are
substantially identical in all material respects to the attached standard Taxicab Lease
Agreement.
6. On or about December 1997, Plaintiff and Defendant agreed to orally modify the terms of
their written agreement. Plaintiff agreed to provide Defendant with the exclusive use of a
certain Chevrolet Caprice taxicab owned by Plaintiff and Defendant agreed at his own
expense to made certain transmission repairs to the vehicle and perform routine maintenance
and repairs to the vehicle while in his care, custody and control.
7. In consideration of the December 1997 oral modification, Plaintiff provided Defendant
with exclusive use of the aforesaid taxicab and Defendant performed certain repairs at his
own expense to the aforesaid taxicab.
8. On or about February 1998, Plaintiff and Defendant agreed to a second oral modification
of the terms of their written agreement. In exchange for additional taxi coverage in the
Carlisle area and to provide additional taxi coverage during certain night time shifts, Plaintiff
agreed to reduce Defendant's lease rate to Forty ($40.00) Dollars per shift when Defendant
primarily covered the Carlisle area or provided night time coverage.
9. In consideration of the oral modification, Defendant provided coverage primarily in the
Carlisle area and during various night time shifts and Plaintiff reduced Defendant's daily
lease rate until August 1998 when Defendant no longer provided taxi coverage primarily in
the Carlisle area or during night time shifts.
West Shore Taxi/Complainl 3
July 22, 1999
10. Plaintiff avers that pursuant to the written agreement between the parties and subsequent
oral modifications thereto, Defendant incurred certain daily lease and service charges
between February 1998 and November 1998 and that said charges were made at Defendant's
request. A summary of Defendant's daily lease and service charges are attached hereto as
Exhibit B.
11. Plaintiff avers that the aforesaid charges were in strict accordance with the terms of the
written agreement and subsequent oral modifications and are just and reasonable and at the
rate Defendant agreed to pay.
12. Plaintiff avers that there is now justly due and owning by Defendant the sum of One
Thousand Three Hundred Eighty-three Dollars and eighty-six cents ($1,383.86) plus interest
and costs.
13. Plaintiff avers that Defendant, although frequently requested, refuses and still does refuse
to pay to Plaintiff the sum due or any part thereof.
WHEREFORE, Plaintiff, WEST SHORE TAXI COMPANY, INC., demands judgment
in its favor and against Defendant, WILLIAM DIEHL, in the amount of One Thousand Three
Hundred Eighty-three Dollars and eighty-six cents ($1,383.86) plus interest and costs.
Darnel M. Myshin, q.
Attorney for PlaintiE
Pa Supreme Court ID #40366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
West Shore Taxi/Complaint 4
July 22, 1999
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC., )
a Pennsylvania Corporation, )
Plaintiff )
V. ) No. 99-4068
WILLIAM DIEHL, )
Defendant ) CIVIL ACTION
VERIFICATION
I, SCOTT A. STAIGER, verify that I am an officer of the WEST SHORE TAXI
COMPANY, INC., and am authorized to make this verification on its behalf. The statements
made herein are true and correct to the best of my knowledge, information and belief. I
understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A.
§4904, relating to unworn falsification to authorities.
Date Scott A. Staiger
CERTIFICATE OF SERVICE BY MAIL
I, Sa.or, K a3K gk certify that on theoL3" Jday of July 1999 I served a true and correct
copy of the above captioned Complaint by United States Mail, first class postage prepaid and
addressed to:
Barbara Sumple-Sullivan, Esq.
Attorney for Defendant
549 Bridge Street
New Cumberland, PA 17070-1931
West Shore Taxi/Complain) 5
July 22. 1999
PA DRIVERS LIC.NO.
DATE OF BIRTH
TELEPHONE NO.
TAXICAB LEASE AGREEMENT
THIS AGREEMENT made this day of ,
between WEST SHORE TAXI COMPANY, INC., a Pennsylvania corporation
with its principal place of business at 2103 Old Hollow Road, Mech-
anicsburg, Upper Allen Township, Cumberland County, Pennsylvania,
hereinafter called "LESSOR", and I
an adult individual, and independent contractor, with his principal
residence located at
hereinafter called "LESSEE".
W I T N E S S E T H:
WHEREAS, LESSOR is an intrastate for hire common motor carrier,
operating under a Certificate of Public Convenience and Necessity
iss), d by the Pennsylvania Public utility commission; and
WHEREAS, LESSOR is the owner of taxicabs and other vehicles
with the right to lease said vehicles to independent contractors;
and
WHEREAS, LESSEE desires to lease from LESSOR a vehicle and
other services under the terms and conditions herein set forth; and
WHEREAS, the parties desire to confirm their understanding in
writing.
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, the parties hereto have agreed as
follows:
4W
- 2 -
1. LESSEE agrees to lease from LESSOR a taxicab painted with
its name and insignia thereon. Said taxicab will be delivered
to LESSEE with a full tank of gas and will be returned with a full
tank of gas by LESSEE.
2. LESSOR agrees to lease to LESSEE a taxicab painted with
its name and insignia thereon, in good mechanical condition that
will meet the requirements for operating taxicabs set by the muni-
cipal, county or state; such taxicab being equipped with radio
dispatch, proper licensing and proper insurance. LESSOR shall
maintain such taxicab mechanically.
3. LESSOR shall make available to LESSEE radio dispatching
service as a means of referring prospective passengers. LESSEE
may pick up passengers referred through such radio dispatch;
however, LESSEE has no obligation to respond to radio calls or to
pick up passengers referred to him by radio; nor is LESSEE
obligated to report his location of LESSOR or to remain in any
specific place at any fixed hours.
4. In consideration of the use of said taxicab, LESSEE agrees
to pay rental to LESSOR in the amount set forth on Schedule A
attached hereto and incorporated herein by reference. LESSEE shall
select the basis upon which rental shall be calculated by
completing Schedule A and affixing LESSEE's initials thereon.
Payment of said rental shall be made to LESSOR by LESSEE in advance
prior to the beginning of each daily shift.
- 3 -
5. By this agreement the LESSOR and LESSEE acknowledge and
agree that there does not exist between them the relationship of
employer-employee, principal-agent, or master-servant, either
expressed or implied, but that the relationship of the parties in
-strictly that of lessor-lessee, the LESSEE being free from inter-
ference or control on the part of the LESSOR in the operation of
said taxicab. LESSEE agrees that he will comply with all
applicable federal, state and municipal laws, rules, regulations
-and ordinances, and that he shall be solely responsible for any'
fines, penalties, or forfeitures occasioned by any violation
thereof, LESSEE acknowledges that:
a. he is not eligible for federal or state
unemployment benefits.
b. LESSOR is not responsible for withholding federal
or state income taxes, or any other taxes, but
the LESSEE will be liable for payment of these
taxes.
c. LESSOR is not responsible for withholding or
paying in any way contributions under-the Federal
Insurance Act, but LESSEE will be liable for
these taxes.
d. LESSOR agrees to furnish only liability insurance
on said taxicab in a sum not less than required
by law, and LESSOR shall not be responsible nor
liable for any injury to LESSEE resulting from
the use or operation of such taxicab.
- 4 -
e. LESSEE expressly waives any Workman's Compensation
Insurance by reason of his independent status as
LESSEE under the lease.
6. In addition to the rental payment, LESSEE will pay to ,
LESSOR a security deposit in the amount of Four Hundred ($400.00)
Dollar. The purpose of this deposit is to insure the return of the
taxicab in the same condition as accepted by LESSEE, and LESSOR
shall have the right, upon termination of this lease, to deduct
from said security deposit any amount due LESSOR, including, but
not limited to, delinquent lease rental charges. Said security
deposit, less proper deductions, shall be returned to LESSEE not
later that thirty (30) days after the termination of the Taxicab
Lease Agreement.
7. The LESSEE's rights and obligations under this Agreement
shall not be transferred by assignment or otherwise, nor shall the
LESSEE's rights be subject to encumbrance or subject to the claims
of his/her creditors. This Agreement constitutes the entire
Agreement and understanding between parties as to the subject
matter hereto, and merges all prior discussions between them. None
of the parties shall be bound by any conditions, definitions,
warranties, understandings or representations other than as
expressly provided herein,
EXECUTED in duplicate, this day of
in Mechanicsburg, Upper Allen Township, Cumberland County, State
of Pennsylvania.
WEST SHORE TAXI COMPANY, INC. LESSEE
SCHEDULE A
This schedule is attached to and forms part of the foregoing
Taxicab Lease Agreement.
Dailv Rental Charge
0 - 5 Hour Period $ 33.00
0 - 11 Hour Period $ 66.00
0 - 24 Hour Period $130.00
Each additional 1/4 hour or
part thereof $ 1.50
HOLIDAYS
Holidays are: New Years Day, Easter Sunday, Memorial
Day, July 4th, Labor Day, Thanksgiving Day and
Christmas Day.
Any daily lessee working holidays will be allowed to
lease on the following schedule:
Holiday Rental Charge
0 - 5 Hour Period $ 26.50
0 - 11 hour period $ 53.00
s
ate '
Charge
10%
Charge
20% William Diehl
Lease
Charged
Lease
Paid Bond Checks Pd
To WD &
Service
Misc. Charges Calwash -
Net
Daily
Change Balance
(Owed WD)
Owed Taxi
2/1/1998
-
-
2/2/1998
2/3/1998
2/4/1998
-
-
2/5/1998
216/1998
-
-
2/7/1998 - -
2/8/1998
2/911998 14.40 17.40 4.44 4.44
2/1011998 - 4.44
2111/1998 - 4.44
2/12/1998 - 4.44
2/13/1998 - 4.44
2/14/1998 - 4.44
2/15/1998 - 4.44
2/16/1998 64.60 40.00 (18.14) (13.70)
2/17/1998 8.00 40.00 5.00 37.80 24.10
211811998 10.40 167.80 40.00 (103.60) (79.50)
211911998 20.20 20.20 (59.30)
2/20/1998 - (59.30)
2/2111998 - (59.30)
2/22/1998 - (59.30)
2/23/1998 32.60 35.00 5.66 (53.64)
2/24/1998 - (53.64)
2/25/1998 - (53.64)
2/26/1998 - (53.64)
2/2711998 - (53.64)
2/28/1998 - (53.64)
3/1/1998 - (53.64)
3/2/1998 42.00 40.00 2.20 (51.44)
3/3/1998 15.40 40.00 26.14 (25.30)
3/4/1998 11.40 6.30 (3.96) (29.26)
3/511998 - (29.26)
316/1998 52.40 40.00 (7.16) (36.42)
3/7/1998 - (36.42)
3/811998 - (36.42)
3/9/1998 9.00 40.00 31.90 (4.52)
3/10/1998 - (4.52)
3111/1998 12.00 35.80 15.00 5.00 15.00 10.48
3/12/1998 - 10.48
3/13/1998 13.00 40.00 5.00 33.30 43.78
311411998 - 43.78
3/15/1998 - 43.78
3/16/1998 27.60 176.40 40.00 (125.96) (82.18)
3117/1998 69.20 40.00 (22.28) (104.46)
3/18/1998 27.60 40.00 15.16 (89.30)
3/19/1998 22.40 40.00 19.84 (69.46)
3120/1998 14.40 40.00 27.04 (42.42)
3/21/1998 - (42.42)
3/22/1998 - (42.42)
3/2311998 60.80 40.00 (14.72) (57.14)
3/24/1998 - (57.14)
3125/1998 8.00 40.00 32.80 (24.34)
3/2611998 13.00 40.00 5.00 33.30 8.96
3/27/1998 - 8.96
3/28/1998 8.96
312911998 5.80 40.00 5.00 39.78 48.74
3130/1998 - 48.74
3/31/1998 - 48.74
ate '
Charge
10%
Charge
20% William Diehl
Lease Lease
Charged Paid Bond Checks Pd
To WD &
Service
Misc. Charges Carwash
Net
Daily
Change Balance
(Owed WD)
Owed Taxi
411/1998 40.00 5.00 45:00 93:74
4/2/1998 56.80 56.00 5.00 9.88 103.62
4/3/1998 255.20 40.00 (189.68) (86.06)
414/1998 - (86.06)
415/1998 - (86.06)
4/6/1998 45.80 56.00 14.78 (71.28)
41711998 27.00 56.00 31.70 (39.58)
4/8/1998 42.20 40.00 2.02 (37.56)
419/1998 16.60 40.00 25.06 (12.50)
4/10/1998 40.00 5.00 45.00 32.50
4111/1998 - 32.50
4112/1998 - 32.50
411311998 179.00 40.00 (103.20) (70.70)
4114/1998 13.00 56.00 44.30 (26.40)
4115/1998 - (26.40)
4/16/1998 47.20 56.00 13.52 (12.88)
4/17/1998 16.20 56.00 5.00 46.42 33.54
4/18/1998 - 33.54
411911998 - 33.54
4120/1998 12.20 56.00 5.00 50.02 83.56
4121/1998 52.00 40.00 5.00 (1.80) 81.76
412211998 - 81.76
4123/1998 42.40 56.00 5.00 22.84 104.60
4124/1998 162.20 56.00 5.00 (84.98) 19.62
4/25/1998 - 19.62
4/26/1998 - 19.62
4/27/1998 83.80 56.00 (19.42) 0.20
4/28/1998 56.00 5.00 61.00 61.20
4/29/1998 9.20 56.00 5.00 52.72 113.92
4/30/1998 172.80 40.00 7.10 5.00 (100.34) 13.58
5/1/1998 10.40 56.00 5.00 51.64 65.22
5/211998 - 65.22
5/3/1998 - 65.22
5/4/1998 71.00 287.40 40.00 (253.82) (188.60)
5/5/1998 48.00 56.00 12.80 (175.80)
5/6/1998 17.60 56.00 40.16 (135.64)
517/1998 77.60 40.00 (29.84) (165.48)
518/1998 - (165.48)
519/1998 - (165.48)
5/1011998 - (165.48)
5111/1998 87.20 56.00 (22.48) (187.96)
5/12/1998 5.80 412.40 56.00 (279.14) (467.10)
5/13/1998 - (467.10)
5/14/1998 52.20 56.00 9.02 (458.08)
5/1511998 28.40 40.00 14.44 (443.64)
5/16/1998 20.60 40.00 7.15 14.31 (429.33)
5/17/1998 - (429.33)
5118/1998 21.80 40.00 20.38 (408.95)
5/19/1998 34.40 40.00 9.04 (399.91)
5/20/1998 49.20 40.00 (4.28) (404.19)
5/21/1998 10.00 40.00 31.00 (373.19)
5122/1998 - (373.19)
5/23/1998 - (373.19)
5/24/1998 - (373.19)
5125/1998 166.80 40.00 (93.44) (466.63)
512611998 - (466.63)
5/2711998 44.60 40.00 (0.14) (466.77)
5/2811998 11.40 40.00 29.74 (437.03)
5/29/1998 6.00 40.00 34.60 (402.43)
William Diehl
Charge Charge Lease
Date 10% _ 20% Charged
5910/1998
5/31/1998
611/1998 15.00
6/211998 35.80
6/3/1998 46.60
61411998 17.00
61511998 11.00
6/6/1998
6/7/1998
6/8/1998
6/9/1998 9.00
6110/1998 6.00
6/11/1998
6/12/1998
6/13/1998
6/14/1998
6/1511998 50.20
6/16/1998
611711998 42.00
6/1811998 9.00
6119/1998 77.80
6/2011998
612111998
6122/1998 9.00
6/23/1998 46.20
6/2411998 28.40
6/25/1998
6/2611998
6/27/1998
6/28/1998
612911998 27.00
6/3011998 37.40
7/111998 51.60
7/211998 56.00
7/311998 33.00
7/4/1998
7/5/1998
7/6/1998
7/7/1998
71811998 42.00
7/9/1998 28.80
7110/1998 42.00
7/11/1998
7/12/1998
7/13/1998 123.40
7/14/1998
7/15/1998
7/1611998
7/1711998 42.00
7/18/1998
7/19/1998
7/20/1998
7/21/1998
7/22/1998 42.00
7/2311998 7.00
7/24/1998 88.4C
7/25/1998
7/2611998
7/2711998 7.0C
Checks Pd
To WDB
Lease Service
Paid Bond Misc. Charges
40.00
56.00
56.00
56.00
56.00
40.00
128.40 40.00
268.80 40.00
198.60 40.00
40.00
174.60 40.00
40.00
40.00
40.00
40.00
40.00
40.00
40.00
172.00 40.00 7.15
40.00
40.00
125.00 40.00
40.00
40.00
40.00
40.00
40.00
184.20 40.00
40.00
40.00
40.00 0.85
158.60 40.00
112.00 40.00
40.00
198.60 40.00 2.00
40.00
40.00
Balance
Net (Owed WD)
Daily Owed Taxi
Carwash Change
40-00 (362.43)
- (362.43)
26.50 (335.93)
23.78 (312.15)
14.06 (298.09)
40.70 (257.39)
46.10 (211.29)
- (211.29)
- (211.29)
40.00 (171.29)
(70.82) (242.11)
(180.44) (422.55)
- (422.55)
- (422.55)
- (422.55)
- (422.55)
(164.06) (586.61)
(586.61)
2.20 (584.41)
(107.78) (692.19)
(30.02) (722.21)
(722.21)
- (722.21)
31.90 (690.31)
(1.58) (691.89)
14.44 (677.45)
- (677.45)
40.00 (637.45)
- (637.45)
(637.45)
15.70 (621.75)
6.34 (615.41)
(151.19) (766.60)
(10.40) (777.00)
10.30 (766.70)
(766.70)
(766.70)
(60.00) (826.70)
40.00 (786.70)
2.20 (784.50)
14.08 (770.42)
2.20 (768.22)
- (768.22)
- (768.22)
(71.06) (839.28)
(107.36) (946.64)
40.00 (906.64)
40.00 (866.64)
1.35 (865.29)
- (865.29)
- (865.29)
(86.88) (952.17)
(49.60) (1,001.77)
2.20 (999.57)
(127.18) (1.126.75)
(39.56) (1,166.31)
- (1,166.31)
- (1,166.31)
33.70 (1,132.61)
¦
' William Diehl Checks Pd Balance
To WD & Net (Owed WD)
Charge Charge Lease Lease Service Daily Owed Taxi
Date 10% 20% Charged Paid Bond Misc. Charges Carwash Change
MCI 098 40.00 40:00 (1,092-61)
7/29/1998 42.00 40.00 2.20 (1,090.41)
7130/1998 42.00 40.00 2.20 (1,088.21)
7/3111998 40.00 40.00 (1,048.21)
8/1/1998
-
(1,048.21)
8/2/1998 - (1,048.21)
813/1998 23.20 40.00 19.12 (1,029.09)
8/411998 14.80 40.00 26.68 (1,002.41)
8/5/1998 5.90 40.00 34.69 (967.72)
816/1998 12.80 40.00 28.48 (939.24)
8/7/1998 10.80 40.00 30.28 (908.96)
81811998 - (908.96)
819/1998 - (908.96)
8/1011998 23.80 56.00 1,250.00 1,284.58 375.62
8/11/1998 30.30 112.00 56.00 5.00 (55.87) 319.75
8/12/1998 - 319.75
8/1311998 15.60 56.00 5.00 46.96 366.71
8/14/1998 7.00 316.00 56.00 5.00 (198.10) 168.61
8115/1998 - 168.61
8/16/1998 - 168.61
8/17/1998 5.00 56.00 5.00 56.50 225.11
8/18/1998 14.60 56.00 5.00 47.86 272.97
8/1911998 11.00 56.00 5.00 51.10 324.07
8/20/1998 56.00 5.00 61.00 385.07
8/2111998 - 385.07
8122/1998 - 385.07
8/23/1998 - 385.07
8/24/1998 67.60 56.00 5.00 0.16 385.23
8/25/1998 29.60 117.60 56.00 5.00 (59.72) 325.51
8/26/1998 19.60 155.40 56.00 5.00 (80.96) 244.55
8/27/1998 23.60 56.00 5.00 39.76 284.31
8128/1998 7.00 293.80 56.00 5.00 (180.34) 103.97
8/29/1998 - 103.97
8/30/1998 - 103.97
8131/1998 8.00 21.00 5.00 18.80 122.77
9/1/1998 13.40 20.00 5.00 12.94 135.71
912/1998 135.71
913/1998 18.00 56.00 5.00 44.80 180.51
9/4/1998 44.80 200.40 56.00 10.30 5.00 (149.94) 30.57
9/5/1998 - 30.57
916/1998 - 30.57
9/7/1998 - 30.57
9/811998 30.57
91911998 37.40 135.40 56.00 (85.98) (55.41)
9/1011998 269.40 28.00 11.40 (198.92) (254.13)
9111/1998 20.80 5r.00 37.28 (217.05)
9112/1998 - (217.05)
9/13/1998 - (217.05)
9/14/1998 35.60 56.00 23.96 (193.09)
9/1511998 11.00 56.00 46.10 (146.99)
9/16/1998 31.00 56.00 28.10 (118.89)
9/1711998 - (118.89)
9/18/1998 44.60 56.00 28.00 (12.14) (131.03)
9/19/1998 (131.03)
9/20/1998 (131.03)
9/21/1998 47.80 56.00 17.48 (113.55)
9/22/1998 10.60 56.00 19.46 (94.09)
912311998 26.40 56.00 32.24 (61.85)
9124/1998 - (61.85) : -
Charge Charge
Date 10% 20%
9F2311998 32.00
9126/1998 26.20
9/27/1998
9/28/1998 22.00
9/29/1998 32.20
9/30/1998 47.80
10/1/1998 6.00
1012/1998 33.40
10/3/1998
10/4/1998
10/5/1998
10/6/1998 68.60 148.80
10/7/1998 47.20
10/8/1998
1019/1998 169.80
10/10/1998
10/11/1998
10/12/1998 24.20
10/13/1998
10/14/1998 4.00
10115/1998 7.80
10/16/1998 8.80 209.80
10/17/1998
10/18/1998
10/19/1998
10/20/1998
10/21/1998
10/2211998 28.80
10/23/1998 11.40
10/24/1998
10/25/1998
10/26/1998
10/2711998 5.00 112.00
10/28/1998
10/29/1998
10/30/1998 20.40 140.00
10/31/1998
11/1/1998
11/2/1998
11/3/1998 82.00
11/4/1998 17.20
11/5/1998 86.20
11/6/1 998 112.00
11/7/1998
11/8/1 998
1119/1998 21.60
11/1011998 39.20
11/11/1 998 64.60 165.40
11/12/1998
11/1311998 88.20
11/14/1998
11/15/1998
11116/1998 15.80
11/17/1998
11/18/1998 70.50
11/19/1998
11/20/1998
11/21/1998
11/22/1998
William Diehl
Lease
Charged
56.00
56.00
56.00
56.00
56.00
56.00
56.00
280.00
280.00
280.00
350.00
350.00
350.00
350.00
Lease
Paid Bond Misc.
Checks Pd Bhlance
To WD 8 Net (Owed WD)
Service Daily Owed Taxi
Charges Carwash Change
2720 (34.65)
5.00 37.42 2.77
- 2.77
5.00 41.20 43.97
5.00 32.02 75.99
5.00 17.98 93.97
5.00 55.60 149.57
5.00 30.94 180.51
- 180.51
180.51
- 180.51
25.00 124.22 304.73
(42.48) 262.25
262.25
(135.84) 126.41
126.41
126.41
25.00 283.22 409.63
- 409.63
(3.60) 406.03
(7.02) 399.01
25.00 (150.76) 248.25
248.25
- 248.25
25.00 305.00 553.25
- 553.25
553.25
150.00 124.08 677.33
(10.26) 667.07
667.07
- 667.07
35.00 385.00 1,052.07
(94.10) 957.97
957.97
957.97
(130.36) 827.61
827.61
- 827.61
35.00 385.00 1,212.61
(73.80) 1,138.81
(15.48) 1,123.33
(77.58) 1,045.75
(89.60) 956.15
956.15
956.15
35.00 365.56 1,321.71
(35.28) 1,286.43
(190.46) 1,095.97
- 1,095.97
(79.38) 1,016.59
1,016.59
1,016.59
(14.22) 1,002.37
35.00 385.00 1,387.37
(63.45) 1,323.92
- 1,323.92
- 1,323.92
1,323.92
1,323.92
' William Diehl Checks Pd Balance
TO WD 8 Net (Owed WD)
Charge Charge Lease Lease Service Daily Owed Taxi
Date 10% 20% Charged Paid Bond Misc. Charges Carwash Change
1191311008 83.40 350.00 35.00 309:94 1,633:86
1112411098 - 1,633.86
1112511999 - 1,633.86
11126/1098 - 1,633.86
1112711008 - 1,633.86
11/2911098 - 1,633.86
1112011009 - 1,633.86
11 /30/1008 1,633.86
121111008 4,917.70 6.041.20 9,041.70 26.40 - 62.55 1,870.00 - 1,633.86
12/2/1008 00% 80%
12/3/1909 4,335,03 4,752.96
12/4/1908
12/511090
1216/1098 Check Summary
Lease Charged $ 8,941.70
Service charges 470.00
Total 9,411.70
Less:
Lease Paid 26.40
10% Charges 4,335.93
20% Charges 4,752.96
Mlsc Reimbursements 62.55
9,177.84
Disbursements to W. D. (1,400.00)
Balance 7,777.84
Net Owed by W. Diehl $ 1,633.86
Balance from Work $ 1,633.86
Applied amounts
Bond (250.00)
(250.00)
Balance still owed by Diehl 1,383.86
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2
WEST SHORE TAXI COMPANY, INC./ : IN THE COURT OF COMMON PLEAS
SCOTT STAIGER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 99-4068
CIVIL
WILLIAM DIEHL,
Defendant
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, Pennsylvania 17013
(717) 249-3166
WEST SHORE TAXI COMPANY, INC./ : IN THE COURT OF COMMON PLEAS
SCOTT STAIGER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
WILLIAM DIEHL,
Defendant
1. Admitted.
2. Admitted.
NO. 99-4068
CIVIL
3. Denied. It is denied that on or about September, 1997, Plaintiff and Defendant entered
into a written agreement whereby Plaintiff agreed to lease a taxicab to Defendant as an independent
contractor in exchange for certain lease payments pursuant to a rate schedule. Defendant had no
specified agreement for September, 1997 through December, 1997 but Defendant had been
associated with Plaintiff prior to September, 1997 and had signed in the past owner/operators leases.
In December, 1997, Defendant entered into a written owner/operator lease for a specified 1985 Ford
LTD known as Taxicab 947.
4. Admitted in part. Denied in part. It is admitted that a security deposit was given to the
Plaintiff from the Defendant. It is admitted that said deposit was $250.00. It is asserted that the
security deposit of $250.00 was the standard cost charged by Plaintiff for owner/operator
arrangements with their drivers. It is asserted also that a second owner/operator lease was verbally
entered into between the parties on or about February, 1998 for a 1991 Chevrolet Caprice Taxicab
known as Taxicab #52. Defendant drove Taxicab #52 and Plaintiff assigned Bryan Martin to drive
Taxicab #47 with Defendant's approval.
5. Denied. After reasonable investigation, Defendant is without a basis to form a belief
as to the truth of the averment concerning reasonable search efforts by the Plaintiff. It is asserted,
however, that no written lease had ever been entered into by the parties for the 1991 Caprice.
6. Admitted in part. Denied in part. It is admitted that Plaintiff had agreed to provide
Defendant with the exclusive use of a certain Chevrolet Caprice taxicab. It is denied that same
occurred in December, 1997 but rather February, 1998. Said Taxicab was the property of the
Defendant. Defendant relinquished sales wages and commissions to acquire the taxicab as well as
undertake repairs. Defendant agreed to make certain transmission repairs to the vehicle and to
perform routine maintenance and repairs to the vehicle. It is asserted that said responsibilities were
undertaken based on the transfer of ownership to Defendant and Defendant's operation of the vehicle
as an owner/operator agreement. It is denied that this was an oral modification of any prior written
agreement.
7. Admitted in part. Denied in part. It is admitted that Plaintiff provided Defendant with
exclusive use of the aforesaid taxicab and that Defendant performed certain repairs at his own
expense for said aforesaid taxicab. It is denied that same was in consideration of the December, 1997
agreement. Defendant has always had exclusive use of the aforesaid taxi because he always functioned
2
as the owner/operator of the cab since February, 1998.
8. Admitted in part. Denied in part. It is admitted that in February, 1998, Plaintiff orally
modified the terms of their relationship; however, it is denied that said modification was of a written
lease agreement. It is asserted that the modification reducing the standard owner/operator lease
charge to Forty Dollars ($40.00) per day (instead of $56.00) in compensation of Defendant for
mechanical, administrative contribution to Plaintiff as well as shift differential and other work related
requirements such as working in Carlisle late hours, etc.
9. Admitted in part. Denied in part. It is admitted that Defendant primarily granted
coverage in the Carlisle area and this assignment included various night shifts. It is denied that
Plaintiff had reduced the lease rate until August, 1998 to reflect that fact. It is asserted that Defendant
should have been paid that rate until separation from the employment on December 3, 1999 when
Plaintiff took back both Cabs #47 and #52. Defendant was never notified of any rate change prior to
that date.
10. Admitted in part. Denied in part. It is admitted that the Defendant incurred certain
charges to Plaintiff. It is denied that said charges were as a result of a written lease agreement. It is
denied that said statement is an accurate statement of said charges.
H. Denied. It is denied that the parties' agreement provided for the charges set forth on
Exhibit B or that said charges were reasonable or in accordance with the terms of the agreements of
the parties.
12. Denied. Paragraph 12 is denied as a conclusion of law to which no responsive pleading
is due.
13. Admitted in part. Denied in part. It is admitted that Defendant will not make payment
to Plaintiff. It is denied payment is due. It is further asserted that Plaintiff has never made a request
for payment in the amount set forth in this complaint.
WHEREFORE, Defendant requests judgment in his favor.
COUNTERCLAIM
14. Paragraphs 1 through 13 are incorporated herein by reference.
15. Counterclaim Plaintiff is William Diehl, is an adult individual residing at 209
Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17013.
16. Counterclaim Defendant is West Shore Taxi Company, Inc., with its principal office
located at 2103 Old Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
17. Counterclaim Plaintiff purchased on February 6, 1998 a Chevrolet Caprice vehicle
known as Taxicab #52, used and useful in execution of his responsibilities as a cab driver incident
to a owner/operator agreement between Counterclaim Plaintiff and Counterclaim Defendant.
4
18. Pursuant to the Agreement granting ownership, Counterclaim Plaintiff undertook
all necessary steps for the maintenance of the vehicle and had exclusive possession and use of the
vehicle.
19. Counterclaim Plaintiff also made certain repairs and improvements to the vehicle.
20. The value of the vehicle was approximately Two Thousand Five Hundred Dollars
($2,500.00).
21. Counterclaim Defendant, without notice to Counterclaim Plaintiff, took both the
1985 Ford and the 1991 Caprice from Counterclaim Plaintiff's possession in December, 1998.
22. Counterclaim Defendant sold the 1991 Caprice and as a result, has continually
denied Counterclaim Plaintiff's use of the vehicle.
23. Counterclaim Defendant did not return the 1985 Ford until April 7, 1999.
24. The loss of the cars have caused a wage loss to the Counterclaim Plaintiff for four
(4) months until return of the Ford.
25. Counterclaim Plaintiff suffered wage loss of Five Hundred Dollars ($500.00) per
week or Eight Thousand Dollars ($8,000.00) for the four months he was denied use until return
of the Ford on April 7, 1999.
5
26. As a result of Counterclaim Defendant's action, Counterclaim Plaintiff suffered a
loss of Ten Thousand Five Hundred Dollars ($10,500.00).
27. Alternatively, in the event that the Court finds that Counterclaim Defendant did not
transfer ownership of the Caprice, Counterclaim Defendant than had the full responsibility of
maintenance of the vehicle and has been unjustly enriched by the improvements and repairs.
28. During the period of Counterclaim Plaintiff's possession of the Caprice,
Counterclaim Plaintiff had incurred repair expenses of Four Thousand Four Hundred Dollars
($4,400.00) which expenses he should be reimbursed for.
29. Counterclaim Plaintiff requests reimbursement for said expenses of Four Thousand
Four Hundred Dollars ($4,400.00), plus interest and costs.
30. Counterclaim Plaintiff would then be entitled to wage loss and reimbursement of
expenses or Twelve Thousand Four Hundred Dollars ($12,400.00).
31. During his employment with Counterclaim Defendant, Counterclaim Plaintiff was
due Seven Hundred Fifty Dollars ($750.00) in wages for sales position.
32. Counterclaim Plaintiff had waived this compensation toward the purchase of the
Caprice. If it is found that Counterclaim Plaintiff is not owner of the Caprice and not compensated
6
for its sale, Counterclaim Plaintiff is also due said wages of Seven Hundred Fifty Dollars
($750.00).
33. During the course of his employment with Counterclaim Defendant, certain credit
account charges were made by customers to Counterclaim Defendant's credit system.
34. Counterclaim Defendant has failed to remit One Thousand Seven Hundred Dollars
($1,700.00) to Counterclaim Plaintiff for reimbursement of his share of the credit account
charges.
35. Counterclaim Plaintiff requests reimbursement for said monies of One Thousand
Seven Hundred Dollars ($1,700.00) together with interest and costs.
36. Further, Counterclaim Defendant has failed to refund to Counterclaim Plaintiff
bonds in the amount of Five Hundred Dollars ($500.00).
37. Counterclaim Plaintiff requests Five Hundred Dollars ($500.00) to satisfy said loss
of bonds.
WHEREFORE, Counterclaim Plaintiff requests judgment against Counterclaim Defendant
in the amount of Fifteen Thousand Three Hundred Fifty Dollars 15,350.00), plus interest and
costs.
Dated: August 16, 1999 /
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Defendant
7
WEST SHORE TAXI COMPANY, INC./ : IN THE COURT OF COMMON PLEAS
SCOTT STAIGER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 99-4068
CIVIL
WILLIAM DIEHL,
Defendant
I, WILLIAM DIEHL, hereby certify that the facts set forth in the foregoing Answer and
Counterclaim are true and correct to the best of my knowledge, information and belief. I understand
that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to
unsworn falsification to authorities.
DATED: tY ?3' /??f y4z4%A'11 ?24-lill?
WILLIAM DIEHL
WEST SHORE TAXI COMPANY, INC./ : IN THE COURT OF COMMON PLEAS
SCOTT STAIGER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
WILLIAM DIEHL,
NO. 99-4068
CIVIL
Defendant
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing Answer and Counterclaim, in the above-captioned matter upon the
following individual by first class mail, postage prepaid, addressed as follows:
Daniel Myshin, Esquire
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112
DATED: August 16, 1999
Barbara Sumple-Sullivan, Esquire
Attorney for Defendant
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC., )
a Pennsylvania Corporation, )
Plaintiff )
V. ) No. 99-4068
WILLIAM DIEHL, )
Defendant ) CIVIL ACTION
PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIM
AND NEW MATTER
TO: Defendant, WILLIAM DIEHL, and his attorney;
Barbara Sumple-Sullivan, Esq.
549 Bridge Street
New Cumberland, PA 17070-1031
You are hereby notified to file a written response to the enclosed NEW MATTER within
twenty (20) days from service hereof or a judgment may be entered against you.
Ww v?
Daniel M. Mysh
in, sq.
Attorney for Plaint f
Pa Supreme Couri ID 440366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIM
AND NOW, comes Plaintiff/Counterclaim Defendant, WEST SHORE TAXI
COMPANY, INC., by and through counsel, Daniel M. Myshin, Esq., making an Answer to
Defendant/Counterclaim Plaintiffs Counterclaim, of which the following is a statement:
14. Denied. No responsive pleading is required.
15. Admitted.
16. Admitted.
West Shore'raxi/Answer to Counterclaim
Septcmbcr 7, 1999
17. Denied. It is specifically denied that Diehl purchased on February 6, 1998 a Chevrolet
Caprice vehicle known as taxicab #52, used and useful in execution of his responsibilities
as a cab driver incident to a owner/operator agreement between Diehl and Taxi. To the
contrary, as more fully set forth in Taxi's Complaint, on or about February 1998 the parties
agreed that Taxi would allow Diehl exclusive use of taxicab #52 at the owner/operator rate
in exchange for Diehl's performance of certain transmission repairs and routine
maintenance to the vehicle while in his care, custody and control. Diehl never had an
ownership interest in taxicab #52 and on December 1, 1998 signed a statement admitting
that the 1991 Caprice (taxicab #52) was owned by Taxi, which is attached as Plaintiffs
Exhibit "C". Further, there was no agreement between the parties to transfer ownership of
taxicab #52 from Taxi to Diehl, and no transfer of title ever took place.
18. Admitted in part and denied in part. It is admitted that Diehl performed routine
maintenance and had exclusive use of taxicab #52 for a period of time. It is specifically
denied that there was an agreement granting ownership. To the contrary, for a specific
period of time as more fully described in Taxi's Complaint and in reply to Diehl's
Counterclaim, in exchange for certain transmission repairs and routine maintenance of
taxicab #52, Taxi agreed to reduce Diehl's lease rate on taxicab #52 to the equivalent of the
owner/operator rate. There was never an agreement granting ownership and Taxi never
granted Diehl ownership or an ownership interest in taxicab #52. During all times relevant
hereto, Taxi always maintained exclusive ownership of taxicab #52.
19. Admitted in part and denied in part. It is admitted that Diehl made routine repairs and
maintenance to taxicab #52. It is specifically denied that Diehl made improvements to the
vehicle. To the contrary, Diehl made no improvements to the vehicle. All work performed
West Shore Taxi/Answer to Counterclaim 2
September 7, 1999
by or on behalf of Diehl was routine maintenance causing no significant improvement to
the value or performance of taxicab #52.
20. Denied. It is specifically denied that at any time relevant to the present litigation, the
value of taxicab #52 was Two Thousand Five Hundred ($2,500.00) Dollars. To the
contrary, in August 1996 Taxi purchased taxicab 452 with 105,000 miles for Three
Thousand ($3,000.00) Dollars. When the parties agreed in February 1998 that Diehl could
have exclusive use of the taxi at the owner/operator rate in exchange for transmission
repairs and routine maintenance, Diehl spent Two Hundred Forty-six ($246.00) Dollars in
parts and labor for the minor transmission repairs. At that time, (February 1998) the
vehicle had 207,257 miles on the odometer. In October 1998 Diehl reported mileage of
255,585 on taxicab #52. When possession of taxicab #52 was re-claimed by Taxi on
December 1, 1998, and at all times relevant to the present litigation, taxicab 652 was worth
less than Two Thousand Five Hundred ($2,500.00) Dollars.
21. Admitted in part and denied in part. It is admitted that Taxi re-claimed lawful
possession of both the 1985 Ford (taxicab #47) and the 1991 Caprice (taxicab #52) in
December 1998. It is specifically denied that Taxi, without notice to Diehl, took both the
1985 Ford and the 1911 Caprice from Diehl's possession in December 1998. To the
contrary, during Fall 1998 Taxi suspected that Diehl was using Taxi's vehicles in the
performance of Diehl's private livery service and that Diehl was improperly operating a
private livery service under Taxi's PUC authority. At that time, Taxi notified Diehl that
upon satisfactory proof of the same, Diehl's lease agreement with Taxi would be
terminated. On December 1, 1998, Taxi met with Diehl, confronted him with evidence of
Diehl's improper activities and reclaimed Taxi #52 from Diehl personally. Diehl and Taxi
West Shorc Taxi/Answer to Counterclaim 3
September 7, 1999
acknowledged Taxi's receipt of taxicab #52 from Diehl by signed receipt attached hereto as
Exhibit "C". At the same time, Taxi informed Diehl of it's intention to request the
assistance of the Upper Allen Police Department in the event that Brian Martin failed to
timely return Taxi #47.
22. Denied. It is specifically denied that Taxi sold the 1991 Chevrolet Caprice or that
Diehl had the right to use of the vehicle after December 1998. To the contrary, for all
times relevant hereto, Taxi continues to own taxicab 452, and the vehicle remains in use in
Taxi's Peet. Further to the contrary, as more fully set forth in Taxi's Complaint and in
response to Diehl's Counterclaim, Diehl never had any ownership interest in the Chevrolet
Caprice or legal right to use of taxicab #52 after December 1998.
23. Admitted in part and denied in part. It is admitted that Diehl received possession of
the 1985 Ford (#47) on April I, 1999. It is specifically denied that Taxi controlled the date
when possession was received by Diehl. To the contrary, pursuant to the lease agreement
between the parties, Taxi was entitled to possession of the 1985 Ford (#47) as security for
payment in full of all amounts due Taxi by Diehl. In particular, the 1985 Ford (447)
secured the return to Taxi of a certain 1991 Ford Venturi carburetor in Diehl's possession.
When Diehl returned the carburetor to Taxi on April 1st, Taxi immediately relinquished
possession of the 1985 Ford (#47) to Diehl and both parties signed a Bill of Sale attached
hereto as Exhibit "D".
24. Denied. After reasonable investigation, Taxi is without knowledge or information
sufficient to form a belief as to the truth of Diehl's averment. Strict proof is demanded at
trial. It is specifically denied that Diehl suffered a wage loss for four (4) months until
return of the Ford. To the contrary, for all times relevant to Diehl's use of the 1985 Ford
West Shore Tee/Answer to Counterclaim 4
September 7, 1999
(#47) or the 1991 Caprice, (#52) Diehl was an independent contractor, not employed
directly or indirectly by Taxi. At all times relevant hereto, Taxi was not Diehl's employer
and did not owe or pay wages to Diehl. At all times relevant hereto, Taxi's relationship
with Diehl with respect to vehicle #47 and vehicle #52, has been that of lessor/lessee.
25. Denied. After reasonable investigation, Taxi is without knowledge or information
sufficient to form a belief as to the truth of Diehl's averment, Strict proof is demanded at
trial. It is specifically denied that Diehl suffered wage loss of Five Hundred ($500.00)
Dollars per week or Eight Thousand ($8,000.00) Dollars for the four (4) months or that he
was denied use of the Ford until April 7, 1999. To the contrary, the allegations of Taxi's
Complaint and Reply to Defendant's Counterclaim with respect to Diehl's independent
contractor and lessee status, lack of ownership status with respect to taxicab #52, and
Diehl's failure to perform a condition precedent prior to the return of taxicab #47, are
incorporated herein by reference.
26. Denied. After reasonable investigation, Taxi is without knowledge or information
sufficient to form a belief as to the truth of Diehl's averment. Diehl's allegation is a
conclusion to which no responsive pleading is required. Strict proof is demanded at trial.
27. Denied. It is specifically denied that Taxi had the full responsibility of maintenance of
the vehicle and has been unjustly enriched by the improvements and repairs. To the
contrary, in accordance with the terms of the agreement between the parties as more fully
set forth in Taxi's Complaint, Diehl received the exclusive use of the Chevrolet Caprice at
the owner/operator rate in exchange for certain transmission repairs and routine
maintenance on the vehicle. During all periods relevant to this litigation, Taxi complied
with the contractual terms and in turn, it was Diehl's responsibility to perform maintenance
West Shore Taxi/Answer to Counterclaim 5
September 7, 1999
on the vehicle. Diehl has made no improvements to the vehicle, and Taxi has not been
unjustly enriched by the alleged improvements and repairs.
28. Denied. It is denied that during the period of Diehl's possession of the Caprice, Diehl
incurred repair expenses of Four Thousand Four Hundred ($4,400.00) Dollars or that he
should be reimbursed for the aforesaid repairs. To the best of Taxi's knowledge and
information, during Diehl's possession of the Caprice, (taxicab #52) repairs for totaled Two
Thousand Six Hundred Sixteen Dollars and thirty-four cents ($2,616.34). Further, Diehl
should not be reimbursed for repairs made during Diehl's possession of the vehicle
according to the terms of the agreement between the parties as more fully set forth in Taxi's
Complaint. After reasonable investigation, Taxi is without knowledge or information
sufficient to form a belief as to the truth of Diehl's averment with respect to the value of the
alleged repairs beyond that stated herein. Strict proof is demanded at trial.
29. Denied. After reasonable investigation, Taxi is without knowledge or information
sufficient to form a belief as to the truth of Diehl's averment. Diehl's allegation is a
conclusion to which no responsive pleading is required. Strict proof is demanded at trial.
30. Denied. After reasonable investigation, Taxi is without knowledge or information
sufficient to form a belief as to the truth of Diehl's averment. Diehl's allegation is a
conclusion to which no responsive pleading is required. Strict proof is demanded at trial.
It is specifically denied that Diehl is entitled to wage loss and reimbursement of expenses
or Twelve Thousand Four Hundred ($12,400.00) Dollars. To the contrary, in accordance
with the agreement of the parties as more fully set forth in Taxi's Complaint, Diehl owes
Taxi certain lease and service charges and miscellaneous reimbursements totaling One
Thousand Six Hundred Thirty Three Dollars and eighty-six cents ($1,633.86).
West Shore Taxi/Answer to Counterclaim 6
September 7, 1999
31. Denied. It is specifically denied that Diehl was employed by Taxi and that he was due
Seven Hundred Fifty ($750.00) Dollars in wages. To the contrary, Diehl was an
independent contractor, and, as more fully set forth in Taxi's New Matter and incorporated
herein by reference, no sales position ever existed. In November 1998, Diehl approached
Taxi with a loosely formulated proposal to create a sales position which never materialized
due to Diehl's failure to provide Taxi with verification of Diehl's sales contacts and
changes and improvements to Taxi's existing promotional material. Diehl never performed
any sales work for Taxi and Taxi never received any benefit from Diehl's proposal.
32. Denied. It is specifically denied that Diehl waived this compensation toward the
purchase of the Caprice or that Diehl is due wages of Seven Hundred Fifty ($750.00)
Dollars. To the contrary, Taxi never owed Diehl compensation for a sales position that
was never created and for which Diehl never performed any sales work and from which
Taxi never received any benefit. Further to the contrary, Taxi never agreed that Diehl
could purchased the Chevrolet Caprice and Taxi never consented to Diehl waiving this
non-existent compensation towards a non-existent purchase.
33. Denied. It is specifically denied that at any period relevant hereto, Diehl was
employed by Taxi or that the status between the parties was anything other than
lessor/lessee, or that Diehl was anything but an independent contractor. To the contrary,
the allegations of Taxi's Complaint and Reply to Defendant's Counterclaim with respect to
Diehl's status are incorporated herein.
34. Denied. It is specifically denied that Taxi has failed to remit One Thousand Seven
Hundred ($1,700.00) Dollars to Diehl for reimbursement of his share of the credit account
charges. To the contrary, Diehl has incurred lease and service charges with Taxi that
West Shore Taxi/Answer to Counterclaim 7
September 7, 1999
exceed any amount owed to Diehl by Taxi. As more fully described in Taxi's Complaint,
Diehl owes Taxi net charges in the amount of One Thousand Six Hundred Thirty Three
Dollars and eighty-six cents ($1,633.86). After reasonable investigation, Taxi is without
knowledge or information sufficient to form a belief as to the truth of Diehl's averment
with respect to credit account charges of One Thousand Seven Hundred ($1,700.00)
Dollars. Strict proof is demanded at trial,
35. Denied. After reasonable investigation, Taxi is without knowledge or information
sufficient to form a belief as to the truth of Diehl's averment. Diehl's allegation is a
conclusion to which no responsive pleading is required. Strict proof is demanded at trial.
36. Denied. It is specifically denied that Taxi has failed to refund to Diehl bonds in the
amount of Five Hundred ($500.00) Dollars. To the contrary, Diehl paid Taxi a $250.00
bond for himself and paid a $250.00 bond on behalf of Brian Martin. Subsequently, Diehl
has incurred lease and service charges with respect to use of taxicab 452 that exceed any
amount owed to Diehl by Taxi and which are partially secured by the bond paid by Diehl
on his own behalf. As more fully set forth in Taxi's Complaint and Reply to Defendant's
Counterclaim, Diehl owes Taxi charges with respect to taxicab #52 in the amount of One
Thousand Six Hundred Thirty Three Dollars and eighty-six cents ($1,633.86). Further,
Brian Martin, as agent for Diehl, incurred lease and service charges with respect to the use
of taxicab #47, and which are partially secured by the bond paid by Diehl on Martin's
behalf. As more fully set forth in Taxi's New Matter, Diehl owes Taxi charges with respect
to Martin's use of taxicab #47 in the amount of Four Thousand Five Hundred Twenty
Three Dollars and forty-nine cents ($4,523.49).
West Shore Taxi/Answer to Counterclaim 8
September 7, 1999
37. Denied. After reasonable investigation, Taxi is without knowledge or information
sufficient to form a belief as to the truth of Diehl's averment. Diehl's allegation is a
conclusion to which no responsive pleading is required. Strict proof is demanded at trial.
WHEREFORE. Taxi requests judgment in its favor and against Diehl.
NEW MATTER
In further answer to Diehl's Counterclaim, Taxi avers the following New Matter:
38. Plaintiff, WEST SHORE TAXI COMPANY, INC., adopts paragraphs 1 through 13 of
its Complaint and paragraphs 14 through 37 of its Reply to Defendant's Counterclaim as if
more fully set forth herein.
Certificate of Title Required
39. Taxi affirmatively alleges that Diehl's Counterclaim that he purchased the 1991
Chevrolet Caprice (taxicab #52) is not maintainable because the claim in which Taxi is
sought to be held liable is based upon transfer of ownership of a vehicle for which a
certificate of title is required pursuant to Pennsylvania Consolidated Statutes, Title 75, Part
11 Title, Registration and Licensing. 75 Pa.C.S.A. §1101 et seq.
40. No transfer of title has occurred between Taxi and Diehl with respect to the 1991
Chevrolet Caprice (taxicab #52).
41. For all periods relevant to this litigation, Taxi has maintained exclusive possession of
the title to the 1991 Chevrolet Caprice (taxicab #52).
Statute of Frauds - UCC Article 2. Sales
42. Taxi affirmatively alleges that Diehl's Counterclaim that he purchased the 1991
Chevrolet Caprice (taxicab #52) is not maintainable because the claim in which Taxi is
sought to be held liable is based upon an alleged contract for sale of personalty in excess of
Five Hundred ($500.00) Dollars. Such contract was not in writing, nor was it evidenced by
West Shore'raxi/Answer to Counterclaim 9
September 7, 1999
a written memorandum thereof, as required in order to be enforceable under provisions of
the Uniform Commercial Code, Article 2, Sales, 13 Pa.C.S.A. §2101 et .seg. and the Statute
of Frauds. 13 Pa.C.S.A. §2201(a).
43. Taxi and Diehl are "merchants" as the term is defined in the Uniform Commercial
Code, Article 2, Sales. 13 Pa.C.S.A. §2104.
44. At all times relevant to this litigation, the value of the 1991 Chevrolet Caprice (taxicab
#52) is personalty having a value in excess of Five Hundred ($500.00) Dollars.
Non-performance of a condition precedent
45. Taxi affirmatively denied that Diehl was employed by Taxi as a salesperson or that
Taxi owes Diehl wages in compensation for duties as a salesperson. To the contrary, when
Diehl approached Taxi with a proposal to work as a salesperson, Diehl met with Scott
Staiger in early December 1997. At that time, Staiger informed Diehl that Diehl's proposal
would not be entertained by Taxi until such time as Diehl produced verification of new
customer contacts in the form of business cards, etc. Further, prior to consideration of
Diehl's proposal, he was to produce samples of updated sales brochures and marketing
tools.
46. Diehl never produced verification of new customer contacts for Taxi and never
provided Taxi with samples of updated sales brochures and marketing tools.
47. Although Diehl proposed a weekly draw against commissions of One Hundred Fifty
($150.00) Dollars, no measure of performance or means of verification was discussed
between the parties and no rate of compensation was agreed upon by Taxi.
48. No agreement was reached between Taxi and Diehl regarding the measure of Diehl's
performance or means of verification of his performance.
West Shore Taxi/Answer to Counterclaim 10
September 7, 1999
49. Based upon Diehl's failure to perform a condition precedent, no sales position was
created and no relationship existed between the parties.
Brian Martin as agent for William Diehl
50. On December 22, 1997 BRIAN R. MARTIN (hereinafter, "Martin") signed a Taxicab
Lease Agreement with Taxi establishing a lessor/lessee relationship between Martin and
Taxi. A copy of the aforesaid Taxicab Lease Agreement is attached hereto as Exhibit "E".
51. From December 1997 until February 1998 Martin leased a taxicab from Taxi pursuant
to the aforesaid agreement.
52. On February 1, 1998 Diehl approached Taxi offering that from that date forward,
Martin would drive Diehl's 1985 Ford (taxicab #47) as an agent for Diehl.
53. Taxi approved Diehl's assignment of taxicab #47 in accordance with Diehl's proposal.
54. In the alternative, Taxi assigned Martin to drive taxicab #47 with Diehl's approval in
accordance with Diehl's Counterclaim paragraph 4.
55. Diehl paid a security deposit for Martin's use of taxicab #47.
56. From February 1, 1998 through December 1, 1998 Martin drove Diehl's taxicab #47
and incurred certain daily lease and service charges in accordance with terms of the taxicab
lease agreement and with Diehl's knowledge and approval.
57. The aforesaid daily lease and service charges are just and reasonable and at the rate
Martin and Diehl agreed to pay.
58. At the termination of Martin's relationship with Taxi on December 1, 1998 there are
net lease and service charges due and owning with respect to the lease of taxicab #47 in the
amount of Four Thousand Five Hundred Twenty Three Dollars and forty-nine cents
($4,523.49) plus interest and costs. A summary of charges is attached at Exhibit "F"
west shoreTaxi/Answe to Counterclaim 1 I
September 7, 1999
59, Taxi demands payment of the aforesaid lease and service charges. Although Taxi has
frequently demanded payment of these charges by Diehl and Martin, both Diehl and Martin
continue to refuse to pay the sum due or any part thereof.
Unjust Enrichment
60. In the event that the Court determines that no oral modification of the parties'
agreement existed and that Diehl is entitled to reimbursement of repair and maintenance
expenses with respect to taxicab #52, Taxi is entitled to charge Diehl the normal daily lease
rate for non-owner/operated vehicles during the period between February and December
1998.
61. The normal daily lease rate for non-owner/operated vehicles is Sixty Six ($66.00)
Dollars per day.
62. Diehl owes Taxi, afterr deduction for repair costs, the sum of Two Thousand One
Hundred Four Dollars and fifty two cents ($2,104.52).
West Shore Taxi/Answer to Counterclaim 12
September 7, 1999
WHEREFORE, Plaintiff, WEST SHORE TAXI COMPANY, INC., demands judgment
in its favor and against Defendant, WILLIAM DIEHL, above and beyond that in the original
Complaint in the additional amount of Four Thousand Five Hundred Twenty Three Dollars and
forty-nine cents ($4,523.49) plus interest and costs. In the event that the Court determines that
there was no oral modification of the parties' agreement, Taxi demands judgment in the original
Complaint in the amount of Two Thousand One Hundred Four Dollars and fifty-two cents
($2,104.52), exclusive of the amount owed by Diehl as set forth in Taxi's New Matter.
tttqAA?A
Dan
el M. Myshin, E q.
Attorney for Plainti
Pa Supreme Court ID #40366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
CERTIFICATE OF SERVICE BY MAIL
I, Daniel M. Myshin, Esq., certify that on the 71 day of September, 1999 I served a true
and correct copy of the above captioned PLAINTIFF'S REPLY TO DEFENDANT'S
COUNTERCLAIM AND NEW MATTER, by United States Mail, first class postage prepaid and
addressed to the following: Barbara Sumple-Sullivan, Esq., Attorney for Defendant, 549 Bridge
Street, New Cumberland, PA 17070-1931.
& A fVV
Daniel M. Myshin, Attomey for PlaintiPa Supreme Court ID 440366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
West Shore Taxi/Answer to Counterclaim 13
September 7, 1999
I verify that the statements made herein are true and correct. 1 understand that false
statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
QJ,
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Date
110 SPORTING HILL ROAD
P.O.00%169
MECHANICSDURG. PA 17055
717.761 X600
1400-2278240
rw 717-761.7920
PRODUCTS
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Sap-06-99 09:23A Scott A. Staiger, CPA 717 763 8582 P.02
West Short Taxi Company, Inc.
2103 Old Hollow Road
Mechanicsburg, PA 17055
DILL OF SALE:
For value received, return of carburetor, the following vehicle is transferred, sold to William Diehl, as/is
where/is. There is no warranty, expressed, or implied with the vehicle. Seller has made purchaser aware
that the vehicle is a fomter Taxi and that Taxi shown as body type on the title being transferred.
1985 Ford VIN # 2FABP43FBFX158694
Purchaser will remove decals from the vehicle before removing the vehicle from the lot
"- l-79
Scott A. Staiger
Date:___
Purchaser
PA DRIVERS LIC.NO. d JJ d .L .j?f'
DATE OF BIRTH i
TELEPHONE NO.
TAXICAB LEASE AGREEMENT loa ,
THIS AGREEMENT made this ,??7nQ day of
between WEST SHORE TAXI COMPANY, INC., a Pennsylvania corporation
with its principal place of business at 2103 Old Hollow Road, Mech-
anicaburg, Upper Allen Township, Cumberland County, Pennsylvania,
hereinafter called "LESSOR", and Z'iAw///i?if'7i?l/ ,
an adult individual, and independent contractor, with his principal
residence located at
hereinafter called "LESSEE".
W I T N E S S E T H:
WHEREAS, LESSOR is an intrastate for hire common motor carrier
operating under a Certificate of Public Convenience and Necessity
issued by the Pennsylvania Public Utility Commission; and
WHEREAS, LESSOR is the owner of taxicabs and other vehicles
with the right to lease said vehicles to independent contractors;
and
WHEREAS, LESSEE desires to lease from LESSOR a vehicle and
other services under the terms and conditions herein set forth, and
WHEREAS, the parties desire to confirm their understanding in
writing.
NOW, THEREFORE, in consideration of the mutual promises and
covenants herein contained, the parties hereto have agreed as
follows:
i4M ?E,
ZO'd 2858 E9L LLL vd0 `,eB?eyS 'v 3Zoas vE9=8o 66-9o-deS
- 2 -
- _ __...__._ • 11:
1. LESSEE agrees to lease from LESSOR a taxicab painted with
its name and insignia thereon. Said taxicab will be delivered
to LESSEE with a full tank of gas and will be returned with a full
tank of gas by LESSEE.
2. LESSOR agrees to lease to LESSEE a taxicab painted with
its name and insignia thereon, in good mechanical condition that
will meet the requirements for operating taxicabs set by the muni-
cipal, county or state; such taxicab being equipped with radio
dispatch, proper licensing and proper insurance. LESSOR shall
maintain such taxicab mechanically.
3. LESSOR shall make available to LESSEE radio dispatching
service as a means of referring prospective passengers. LESSEE
may pick up passengers referred through such radio dispatch;
however, LESSEE has no obligation to respond to radio calls or to
pick up passengers referred to him by radio; nor is LESSEE
obligated to report his location of LESSOR or to remain in any
specific place at any fixed hours.
4. In consideration of the use of said taxicab, LESSEE agrees
to pay rental to LESSOR in the amount set forth on Schedule A
attached hereto and incorporated herein by reference. LESSEE shall
select the basis upon which rental shall be calculated by
completing Schedule A and affixing LESSEE's initials thereon.
Payment of said rental shall be made to LESSOR by LESSEE in advance
prior to the beginning of each daily shift.
£O'd 2898 £9L LIZ Vd7 `.85a e3S "V 310US VES=80 66-90-deS
- 3 -
S. By this agreement the LESSOR and LESSEE acknowledge and
agree that there does not exist between them the relationship of
employer-employee, principal-agent, or master-servant, either
expressed or implied, but that the relationship of the parties is
strictly that of lessor-lessee, the LESSEE being free from inter-
ference or control on the part of the LESSOR in the operation of
said taxicab. LESSEE agrees that he will comply with all
applicable federal, state and municipal laws, rules, regulations
and ordinances, and that he shall be solely responsible for any
fines, penalties, or forfeitures occasioned by any violation
thereof, LESSEE acknowledges that:
a. he in not eligible for federal or state
unemployment benefits.
b. LESSOR is not responsible for withholding federal
or state income taxes, or any other taxes, but
the LESSEE will be liable for payment of these
taxes.
c. LESSOR is not responsible for withholding or
paying in any way contributions under the Federal
Insurance Act, but LESSEE will be liable for
these taxes.
d. LESSOR agrees to furnish only liability insurance
on said taxicab in a sum not less than required
by law, and LESSOR shall not be responsible nor
liable for any injury to LESSEE resulting from
the use or operation of such taxicab.
Vold arse £9L LIZ Vd3 `aOB?e3S -V 330=?S V£5=80 66-9o-deg
- 4 -
e. LESSEE expressly waives any Workman's Compensation
Insurance by reason of his independent status as
LESSEE under the lease.
6. In addition to the rental payment, LESSEE will pay to
LESSOR a security deposit in the amount of Four Hundred ($400.00)
Dollar. The purpose of this deposit is to insure the return of the
taxicab in the same condition as accepted by LESSEE, and LESSOR
shall have the right, upon termination of this lease, to deduct
from said security deposit any amount due LESSOR, including, but
not limited to, delinquent lease rental charges. Said security
deposit, less proper deductions, shall be returned to LESSEE not
later that thirty (30) days after the termination of the Taxicab
Lease Agreement.
7. The LESSEE's rights and obligations under this Agreement
shall not be transferred by assignment or otherwise, nor shall the
LESSEE's rights be subject to encumbrance or subject to the claims
of his/her creditors. This Agreement constitutes the entire
Agreement and understanding between parties as to the subject
matter hereto, and merges all prior discussions between them. None
of the parties shall be bound by any conditions, definitions,
warranties, understandings or representations other than as
expressly provided herein,
EXECUTED in duplicate, this 4Z?6Ja day of/N/ ?N ??Z•
in Mechanicsburg, upper Allen Township, Cumberland County, State
of Pennsylvania.
i
7? OtA ?•
J
SO'd arse £9L L[L vdo `aa6}ee;S •v yZous vts:eo 66-9o-deS
WEST SHORE TAXI COMPANY, INC. LESSEE
SCBBDULB A
This schedule is attached to and forma part of the foregoing
Taxicab Lease Agreement.
Daily Rental Charge
0 - 5 Hour Period $ 33.00
0 - 11 Hour Period $ 66.00
0 - 24 Hour Period $130.00
Each additional 1/4 hour or
part thereof $ 1.50
HOLIDAYS
Holidays are: New Years Day, Easter Sunday, Memorial
Day, July 4th, Labor Day, Thanksgiving Day and
Christmas Day.
Any daily lessee working holidays will be allowed to
lease on the following schedule:
Holiday Rental Charge
0 - 5 Hour Period $ 26.50
0 - 11 hour period $ 53.00
90'd ause £9L LIL Vd0 `"056 w3S 'V '43oDS VVS:80 66-90-deS
Sep-06-99 09:10A Scott A. Steiger, CPA 717 763 8582
Brian Martin
P.01
Charge Charge Lease Lease Net
Date 10°1° 20%
Charged Paid
Bond Service Dally
2111
20/1998 Misr.. Charges Carwash Change
2/217998 43.20 35.00
10
00 -
213/1998 ' 5.00
11.12
21411998 2640 56.00
10
00
215/1998 . 42.24
21611998 17.40 56.00 -
2/1/1998 5.00 45.34
21811998
2/9/1998 52.20 56.00 10
00
211011998 45.40 56.00 . 5.00 24.02
2/1111998 35.00 15.14
211211998 19.20 56.00 10
00 35.00
211311998 32.80
56.00 .
10
00 5.00 53.72
211411998 . 5.00 41.66
211511998
211611098
2/17/1998 -
211811998 1040 58,00 10
00
2/19/1998
4.00
190.40
58.00 .
10
00 5.00
9
80
53.54
212011998
202.60
56.00 .
10
00 .
5.00 (94.72)
212111998 . 5.00 (91.08)
2/2211998 10.80 56.00 10.00
5
00
2/23/1998 . 61.28
212411998
2/2511998 56.00 10.00 5
00
212611998 4.00
56.00
10
00 . 71.00
22771998 . S.OD 67.40
2128/1998
311/1998
301998 35.40
56.00
10.00
5
00
.
3/311996 . 39
14
3/4/1998 25.40 114.60 56.00 10.00 5
00 .
31511998
56.00
10.00 .
5
00 (43
54)
3/611998
9.40
56.00
10.00 .
5
00 71.00
31711998 . 62.54
3/8/1998
31917998 54.60 56.00 10.00 5.00 21
86
3110/1998 17.00 56.00 10.00 5.00 .
55
70
3111/1998 8.00 56.00 10.00 5.00 .
63
80
3112/1998 19.40 56.00 10.00 5.00 .
53
54
311311998 8.40 56.00 10.00 5.00 .
63.44
3/14/1908
311511998
3/1611996 27.60 89.80 56.00 10.00 5.00 (25.68)
3/17/1996
311811998 48.80 56.00 10.00 5.00 27.08
311911998 9.60 56.00 10.00 5.00 62.36
312011998 4.00 56.00 10.00 5.00 67.40
3121/1998 42.00 (37.80)
312211998
3/2311998 40.40 56.00 10.00 5.00 34.64
312411998
3/2511998
312611998 12.00 56.00 10.00 500 60.20
3127/1998
328/1998
3/29/1998
Running
Balance
11.12
11.12
53.36
53.36
98.70
98.70
98.70
122.72
137.86
172.86
226.58
268.24
268.24
268.24
268.24
268.24
321.78
227.06
135.96
135.98
19726
197.26
197.26
268.26
335.06
335.66
335.86
335.66
374.80
374.80
331.26
40226
464.80
464.60
464.80
486.66
542.36
606.18
659.70
723.14
723.14
723.14
697.46
697.46
724.54
786.90
854.30
816.50
816.50
851.14
851.14
851.14
911.34
911.34
911.34
911.34
F It
Sep-06-99 09:23A Scott A. Staiger, CPA
Brian Martin
Charge Charge Lease Lease
Date 10% 2001. Charged
3110/1py0 42.80 56.00
313 t/1998 600 202.60 56.00
41111998 56.00
412/1998 40.20 56.00
41311998 52.60 58,09
4/4/1998
4/5/1998
4/6/1998 38.00 56.00
4/7/1998 14.80 56.00
418/1998
4/9/1998
4/1011998 65.60 56,00
4/1111998
4/12/1998
411311998 31.80 56.00
411411998 12.20 56.00
4115/1908 19.00 56.00
4/16/1998
411711998 56.00
4118/1998 14980 56.00
4/1911998
4120/1996 62D 58.00
412111998 41.40 56.00
4/2211996 43.60 56.00
412311998 37.40 56.00
412411998 7.60 56.00
412511998 56.00
412611996
412711998
4128/1998
4/2911990 35.00 56.00
4130/1998 12.00 56.00
511/1998 12.80 176.00 56.00
5/2/1998
51317998
514/1998
51511998 18.20 56.00
51611998 56.00
5/7/1998
5/8/1998 56.00
5/9/1998
5110/1998
511111996 46.40 56.00
511211998
511311998 10.40 56.00
511411998 7.80 56.00
5115/1998
5116/1998
5117/1998
511811998 26.60 56.00
5119/1998
5/2011998 24.80 56.00
512111998 56.20 56.00
5/22/1998 26.00 56.00
5123/1998
.5124/1998
5/25/1998
Bond Misc.
10.00
10.00
10.00
10.00
10.00
10.00
10.00
10.00
717 763 8582 P-01
Not Running
Service Daily Balance
Charges Carwash Change
5.00 32-48 943,82
5,00 (96.46) 847.34
5.00 61.00 908.34
5.00 34.62 943.16
5.00 23.66 966.82
986.82
966.82
5.00 36.80 1,003.62
5.00 57.68 1,061.30
1,061.30
- 1,061.30
5.00 1.96 1,063.26
- 1,063.26
- 1,003.20
5.00 42.38 1,105.64
5.00 60.02 1,165.66
5.00 43.90 1,209.56
- 1,209.56
5.00 61.00 1,210.56
5.00 (58.64) 1,211.72
1,211.72
5.00 55.42 1.267.14
5.00 23.74 1,290.88
5.00 21.76 1,312.64
5.00 27.34 1,339.98
5.00 54.16 1,394.14
5.00 61.00 1,455.14
1,45514
1,455.14
1,455.14
5.00 29.50 1,484.64
5.00 50.20 1,534.84
(96.32) 1,438.52
1,438.52
1,438.52
1,438.52
5100 44.62 1,483.14
5.00 61.00 1,544.14
1,544.14
5.00 61.00 1,605.14
1,605.14
- 1,605.14
5.00 1924 1,624.38
- 1,624.38
5.00 51.64 1,676.02
5.00 53.98 1.730.00
1.730.00
1,730.00
1,730.00
5.00 37.06 1.767.06
- 1,767.06
5.00 38.68 1.805.74
500 10.42 1,816.16
5.00 37.60 1,853.76
- 1,853.76
1,853.76
1,853.76
Sep-06-99 09: 1OA Scott A. Sta iger, CPA
Brian Martin
Charge Charge Lease Lease
Date 10% 20% Charged Paid Bond Misc.
9WO/1998 11.00
5/27/1990 42.80 109.80
512611998 37.40
512911998 16.40
5/3011998
5/31/1998
6/1/1998 54.40
61211998 26.60
61311998 45.00
014/1998 16.80
61.511998 6.00
61611998
6/7/1998
6/8/1998
61911998 18.40
6/1011998 88.80
6111/1998 7.00
6/12/1998
6/1371998
6/14/1998
6115!1998 26.20
6/16/1998 13.00
611711998 37.40
611811998 8.60
611911998 6.00
6/20/1998
6121/1998
6/2211998 2.80
6/23/1998
60411998 50.40
612511998 16.00
612611998 12.80
6/27/1998
612871998
6129/1996 7,D0
6/3011998 12.20
71111998 52.40
7/211998
71311998
714/1998
71511998
7/6/1998
71711998 6.40
7/811998
71911998 18 20
7110/1998 54.60
711111998
7/1211998
7/13/1996
711411998 15 20
7/15/1998
7116/1998 13AD
7/17/1998
7118/1998
711011908
1/20/1998
7/21/1998
69.40
172.00
158.60
112.00
200.00
259.00
341.60
717 763 8582
Service
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 7.15 5.00
56.00 5.00
56.00 5.00
56.00 5.D0
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
$6.00 5.00
56.00 5.00
56.00 13.90 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
56.00 5.00
P-02
Net Running
Daily Balance
Change
51:10 1,904.86
(65.36) 1,839.50
27.34 1,866.84
46.24 1,913.08
1,913.08
1,913.08
12.04 1,925.12
37.06 1,962.18
20.50 1,982.68
45.88 2.028.56
7.28 2,035.84
- 2,035.84
- 2,035.84
2,035.84
44.44 2,080.28
(18.92) 2,061.36
(90.05) 1,971.31
(65.88) 1.905.43
1,905.43
- 1,905.43
37.42 1,942.85
49.30 1,992.15
27.34 2.019.49
53.26 2,072.75
55.60 2,128.35
2,128.35
2,128.35
(31.12) 2,097.23
(99.00) 1.998.23
15.64 2,013.87
46.60 2.060.47
49.48 2,109.95
2,109.95
2,109.95
54.70 2,184.65
50.02 2,214.67
13.84 2,228.51
2,228.51
2,228.51
2,228.51
2,228.51
(160.10) 2,068.41
55.24 2,123.65
- 2,123.65
44.62 2,168.27
11.86 2,180.13
- 2,180.13
2,180.13
(212.28) 1,967.85
47.32 2,015.17
61.00 2,076.17
48.94 2,125.11
61.00 2,186.11
2,186.11
2,186.11
2,186.11
2,186.11
SeP-06-99 09:11A Scott A. Staigav, CPA
Brian Martin
Charge' Charge Lease Lease
Date 10Y, 20%-_. Charged paid Hn?e
7/23/1998 6.00 $6.00 5.00
1!2411998 11.00 56.00 5.00
712511998 5.00
7/26/1998
7/2711998 7.00 112.00 56.00
7128/7990 5.00
5600
7/2911998 19.80 56.00 5.00
7130/1998 1340 56.00 5.00
7/31/1998 5.00
??
811/1998 5.00
8/2/1998
813/1998 115.00 56.00
8/4/1998 30.60 56.00 5.00
8/511998 7.00
56.00 5.00
8/8!1998
19.80
56.00 5.00
8/7/1998 19.60 56.00 5.00
81811998 5.00
619/1998
6/1011998 43.00 56.00
8171/1998 5.00
8112/1996 145.60 56.00
8!13/1998 7.00
x'00 5.00
8/1417888
37.00
56
00 5.00
8/1511998 . 5.00
8/1611998
8117/1998 28.20 56.00
811811998 5.00
811911998 7.60 56.00
8/2011998 23.60
56.00 5.00
8/2111998
45.00
56.00 5.00
&22/1998 5.00
&2311998
&24/1998 4.OD 184.00 56.00 9.00 5
00
812511998 171.20 56.00 .
6.45 5
00
8126/1998 11.00 56
00 .
8127/1998 ,
56
00 5.00
812811998
11.20 .
56
00 5.00
8/29/1998 , 5.00
8/30/1998
8/31/1998 10.40 56
00
9/1/1998
11.00 .
56
00 5.00
9/2/1998 .
56
00 5.00
91311998
12.20 .
56
00 5.00
91411998
23.20 .
56
00 5.00
915/1998 . 5.00
91&1998
9/7/1998
9/6/1998
919/1998 43.60 56.00 5.00
9110/1998 2.00 56.00 5.00
911111998 33.40 56.00 500
9712/1998
9113!1998
9/1411998 217.00 56.00 5.00
9115/1998 36.00 56.00 500
9/16/1998 26.60 56.00 5.00
717 763 8582!
P-03
Net Running
Daily Balance
1 Change
57-40 2,243:51
55.60 2,299.11
51.10 2,350.21
2,350.21
2,350.21
(34.90) 2,315.31
61.00 2,376.31
43.18 2,419.49
48.94 2,468.43
61.00 2,529.43
2,529.43
2,529.43
(31.00) 2,498.43
33.46 2,531.89
54.70 2,586.59
43.18 2,629.77
43.36 2,673.13
2,673.13
2,673.13
22.30 2,695.43
- 2,695.43
(55.48) 2,639.95
54.70 2,694.65
27.70 2,722.35
2,722.35
2,722.35
35.62 2.757.97
- 2,757.97
54.16 2,812.13
39.76 2,851.89
25.00 2.876.89
- 2,876.89
- 2,876.89
(96.80) 2,778.09
(82.41) 2,695.68
51.10 2,746.70
61.00 2,807.78
50.92 2,858.70
2,858.70
2,858.70
51.64 2.910.34
51.10 2,961.44
61.00 3.022.44
50.02 3,072.46
40.12 3,112.56
- 3,112.58
- 3,112.58
- 3,112.58
3,112.50
21.76 3.134.34
59.20 3,193.54
30.94 3,224.48
3,224.48
3,224.48
(112.60) 3,111.88
28.60 3,140.48
37.06 3,177.54
Service
Sep-06-99 09:11A Scott A. Staiger, CPA
Brian Martin
Chargd Charge Lease Lease
Date 10% 20% Charged Paid Bond
9817/1996
9118/1998
9/19/1998
9120/1998
9121/1998
9122/1998
9/23/1998
9/2411998
912511998
9/26/1998
9/27/1998
9128/1998
9/29/1998
9/3011998
10/1/1998
10/2/1998
10/3/1998
101411998
10/5/1998
10/6/1998
10/7/1998
10/8/1998
10/9/1998
10/1011998
10/11/1998
10/12/1998
10113/1998
10114/1998
10/1511998
10/16/1998
10//711998
10/18/1998
10119/1998
10/20/1998
10/21/1998
10/22/1998
10/2311998
1012411998
10125/1998
10!26/1998
1012711998
10128/1998
10/29/1998
10/30/1998
10/31/1998
11/1/1998
111211998
1IM1998
1114/1998
1115/1998
111611998
111711998
11/8/1998
11/9/1998
11/10/1998
11/11/1998
11/12/1908
33.60
84.80
23.60
46.00
oo.uu
56.00
56.00
56.00
56.00
56.00
56.00
8.60 56.00
7.00 287.40 56.00
10.80 56.00
32.20 58,00
9.80 56.00
43.00 280.00
14.20
12.00
8.00
5.80 179.00
65.60 280.00
6.80
4 00
77.00 135.40
42.00 12.00
13.20
43.60
62.40
7.00
7.00
27.60
26.00
33.20
6.40
17.60
26160
30.60
56.00
56.00
280.00
280.00
280.00
12.55
717 763 8582
Service
Charges Camash
S.oo
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
P.O4
Net Running
Daily Balance
Change
61.00 3,238:54
61.00 3,299.54
3,299.54
3.299.54
30.76 3,330.30
(15.32) 3,314.98
39.58 3,354.56
19.60 3,374.16
61.00 3,43516
3,435.16
3,435.16
53.26 3,488.42
(175.22) 3,313.20
5128 3,364.48
32.02 3,396.50
52.18 3,448.68
3,448.68
3,446.68
246.30 3,694.98
(7.78) 3,687.20
(5.80) 3,681.40
(2.20) 3,679.20
(143.42) 3,535.78
3,535.78
- 3,535.78
225.96 3,761.74
(1.12) 3,760.62
3,760.62
1.40 3.762.02
(172.62) 3.589.40
3.589.40
3,589.40
(25.80) 3,583.60
3,563.60
3,563.60
61.00 3,624.60
49.12 3.673.72
- 3,673.72
3,073.72
285.00 3,958.72
3,958.72
(34.24) 3,924.48
(51.16) 3,873.32
(1.30) 3,872.02
- 3,872.02
- 3,872.02
278.70 4,150.72
(19.84) 4.130.88
(18.40) 4,112.48
(24.88) 4,087.60
(0.76) 4,08634
4,086.84
4,086.84
269.16 4,356.00
(221.63) 4.134.37
5.00 4,139.37
(22.72) 4.116.65
SOP-06-99 09:11A Scott A. Staiger, CPA
Brian Martin
Charge Charge Lease Lease
Date 10% 20% Charged 0.u
11RV371208 88.40
11/14/1998
1111511998
11116/1998 27.00 280.00
11/1711998
1111811998 61.20
11119/1998 43.60
1112011998
11/21/1998
11/22/1998
11123/1996 11.00 280.00
1112411998 31.20
11/25/1998
1112611998
11/27/1998
1112811998
11/29/1998
1113011998 20.00 112.00
12/1/1998 3,696.60 4.398.40 10,274.00
121271998
717 763 8582
Service
Misc. Charges Camash
5.00
5.00
5.00
5.00
5.00
5.00
5.00
5.00
56.00
5.00
P.05
Not Running
Daly Balanco
Change
(74:56) 4.042:09
4.042.09
4,042.09
260.70 4,302.79
5.00 4.307.79
(50.08) 4,257.71
(34.24) 4,223.47
5.00 4,228.47
4.228.47
4,228.47
275,10 4,503 57
(23.08) 4,480.49
4,480.49
(58.00) 4.424.49
4,424.49
4.424.49
4,424.49
99.00 4,523.49
12/3/1998 3,326.94 3,518.72 3,428.34 3,768.34 3,653.49 4,523.49
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WEST SHORE TAXI COMPANY, INC./ : IN THE COURT OF COMMON PLEAS
SCOTT S'TAIGER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs/Counterclaim Defendant :
V. NO. 99-4068
CIVIL
WILLIAM DIEHL,
Defendant/Counterclaim Plaintiff
REPLY TO NEW MATTER
38. Defendant incorporates herein by reference paragraph I through 13 of the Answer as well as
14 through 37 of his Counterclaim as if set forth herein.
39. Denied. Paragraph is denied as a conclusion of law to which no responsive pleading is due.
To the extent a response is due, Counterclaim Plaintiff Diehl asserts that Counterclaim
Defendant Taxi has wrongfully held the title to the vehicle which it was to transfer.
40. Admitted in Part. Denied in Part. It is admitted that the actual title to the Caprice had not
been transferred due to the wrongful actions of the Counterclaim Defendant Taxi. It is denied
that the equitable interest in the vehicle has not passed between the parties based upon the
specific economic circumstances of the parties.
41. Denied. It is denied that at all times relevant, Counterclaim Defendant Taxi has maintained
exclusive possession of the vehicle. It is asserted that Counterclaim Plaintiff Diehl had actual
use of the vehicle until it was wrongfully taken from him by Taxi when he responded to a call
and the vehicle was taken without any notice to him while he attempted to complete his
pickup.
42. Denied. Paragraph 42 is denied as a conclusion of law to which no responsive pleading is due.
43. Denied. Paragraph 43 is denied as a conclusion of law to which no responsive pleading is due.
44. Admitted.
45. Denied. Paragraph 45 is denied. It is denied that Diehl approached Taxi as a salesperson. It
is asserted that Barbara Lundy, office manager of Taxi, approached Diehl. There were no
conditions to this additional employment and he was ratified in said position. It is asserted that
Taxi, not Diehl, was to supply a list of customers for contact and provide business cards to
Diehl. Taxi never supplied this information. This prohibited Diehl's successful execution of
the tasks of a new salesperson.
46. Admitted in part. Denied in part. It is admitted that Diehl never provided Taxi with updated
sales brochures and marketing tools. It is asserted that said tools were to come from Taxi to
Diehl and not vice vertu. It is denied that Diehl did not provide information on new accounts.
Diehl produced and provided to Taxi copies of new customer contact.
47. Denied. It is denied that measure of performance or means of verification were not discussed
by the parties and no rate of compensation was agreed upon by Taxi. It is asserted that the
draw as compensation was agreed upon. Also, Mr. Diehl was to receive 7.5% of local and
12.5 % of out of town sales.
48. Denied. After reasonable investigation, Counterclaim Plaintiff Diehl is without sufficient
information to answer the allegation. It is asserted that Diehl, who for a long time was
associated with Taxi, had existing methods of evaluating his employment.
49. Denied. Paragraph 49 is denied as a conclusion of law to which no response is pleading.
50. Admitted in part. Denied in part. It is admitted that the a lease agreement dated December 22,
1997 is attached as Exhibit "E". The remainder of the paragraph is denied since, after
reasonable investigation, Counterclaim Plaintiff Diehl is without personal knowledge sufficient
to form a belief as to the truth of the averment.
51. Denied. After reasonable investigation, Counterclaim Plaintiff Diehl is without personal
knowledge sufficient to form a belief as to the truth of the averment.
52. Denied. It is denied that on February 1, 1998 Counterclaim Plaintiff Diehl approached
Counterclaim Defendant Taxi and offered that Martin would drive Diehl's 1985 Ford (taxicab
#47) as an agent of Diehl. It is asserted that Barbara Lundy, Office Manager of Taxi,
contacted Diehl and asked if Diehl would allow Martin to drive the 1985 cab since Diehl now
had the 1991 Caprice. Diehl allowed the use of his vehicle but denies that at any time Martin
was an agent of Diehi in an transaction with Counterclaim Defendant Taxi.
3
53. Denied as stated. By way of further answer, Counterclaim Plaintiff Diehl incorporates by
reference his response to paragraphs 50 through 52.
54. Admitted.
55. Denied. It is denied that Diehl paid a security deposit to Martin. It is asserted that the security
deposit was pending on the vehicle with Counterclaim Plaintiff Diehl from his initial use of
the 1985 Ford Taxi.
56. Admitted in part. Denied in part. It is admitted that Martin drove taxicab 947 and that same
was done with the knowledge of Diehl. The remainder of the paragraph is denied since
Counterclaim Plaintiff Diehl is without any information as to the accounting of the lease and
service charges between Martin and Counterclaim Defendant Taxi.
57. Denied. After reasonable investigation, Defendant is without knowledge as to whether the
lease and service charges due and owing by Martin are just and reasonable. It is denied that
Diehl ever agreed to pay any sums on behalf of Martin.
58. Denied. After reasonable investigation, Counterclaim Plaintiff Diehl is without information
as to the costs and expenses owed by Martin to Counterclaim Defendant Taxi. It is asserted
that said amount is irrelevant to the claims of Counterclaim Plaintiff Diehl against
Counterclaim Defendant Taxi.
4
59, Admitted in part. Denied in part. It is admitted that Counterclaim Defendant Taxi is seeking
payment. It is denied that same have previously been demanded of Diehl. Counterclaim
Plaintiff Diehl is without knowledge as to whether same have been demanded from Martin
or that charges due and owing from Martin are relevant to the matter.
60. Denied. Paragraph 60 is denied as a conclusion of law to which no response is required. By
way of further answer, it is denied that Diehl has not been charged in accordance with the
terms of the agreement between the parties.
61. Admitted.
62. Denied. Paragraph 62 is denied as a conclusion of law to which no responsive pleading is due.
WHEREFORE, Counterclaim Plaintiff Diehl requests judgment in its favor and against
Counterclaim Defendant Taxi.
Dated: September 27, 1999
arbara Sumple-Sulli n, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Defendant/Counterclaim Plaintiff
5
WEST SHORE TAXI COMPANY, INC./ : IN THE COURT OF COMMON PLEAS
SCOTT STAIGER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. NO. 99-4068
CIVIL
WILLIAM DIEHL,
Defendant
VERIFICATION
I, WILLIAM DIEHL, hereby certify that the facts set forth in the foregoing Reply to New
Matter are true and correct to the best of my knowledge, information and belief. 1 understand that
any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
DATED: 9 z 3 91
4/4
WILLIAM DIE
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WEST SHORE TAXI COMPANY, INC./
SCOTT STAIGER,
Plaintiffs
V.
WILLIAM DIEHL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4068
CIVIL
CERTIFICATE (lE EgVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and
correct copy of the foregoing Reply to New Matter, in the above-captioned matter upon the
following individual by first class mail, postage prepaid, addressed as follows:
Daniel Myshin, Esquire
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112
DATED: September 27, 1999
Barbara Sumple-Sullivan, Esquire
Attorney for Defendant/Counterclaim Plaintiff
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. No. 32317
23
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC., )
a Pennsylvania Corporation, )
Plaintiff )
V. ) No. 99-4068
WILLIAM DIEHL, )
Defendant ) CIVIL ACTION
NOTICE OF SERVICE OF
PLAINTIFF'S FIRST SET OF INTERROGATORIES AND
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO: The Prothonotary
I hereby certify that on the 18'h day of October, 1999 a copy of Plaintiffs First Set of
Interrogatories and First Request for Production of Documents was served upon counsel for
Defendant by mailing a true and correct copy of the same by United States Mail, first class
postage prepaid and addressed to the following:
Barbara Sumple-Sullivan, Esq.,
Counsel for Diehl
549 Bridge Street
New Cumberland, PA 17070-1931.
&AY
Daniel M. Myshin, ^sq.
Attorney for Plaint ff
Pa Supreme Court ID #40366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
1
West Shore Taxi I Notice of Service
October 18, 1999
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC.,
a Pennsylvania Corporation,
Plaintiff
V.
WILLIAM DIEHL,
Defendant
No. 99-4068
CIVIL ACTION
NOTICE OF SERVICE OF
PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS
TO: The Prothonotary
I hereby certify that on the I3'h day of December, 1999 a copy of Plaintiffs Second
Request for Production of Documents was served upon counsel for Defendant by mailing a true
and correct copy of the same by United States Mail, first class postage prepaid and addressed to
the following:
Barbara Sumple-Sullivan, Esq.,
Counsel for Diehl
549 Bridge Street
New Cumberland, PA 17070-1931.
rvt `?
Daniel M. Myshin, sq.
Attorney for Plaintif
Pa Supreme Court ID #40366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
West Shore Taxi / Notice of Service
December 13. 1999
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC., )
a Pennsylvania Corporation, )
Plaintiff )
V. ) No. 99-4068
WILLIAM DIEHL, )
Defendant ) CIVIL ACTION
ORS DEIj
i-k-
AND NOW, this ? day of ?a`'e-4---?r'?t 1999 upon consideration of the
foregoing Joint Stipulation to Discontinue, it is hereby ORDERED, ADJUDGED and
DECREED that all claims in the above numbered action by and against SCOTT A. STAIGER,
individually, are hereby discontinued, with prejudice, only as to SCOTT A. STAIGER,
individually.
BY THE RT:
J.
/^7-00
-RHS
Wcst Shore'I'amdoml Stipulation to Discontinuc 1
September 14. 1999
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC.,
a Pennsylvania Corporation,
Plaintiff
V.
WILLIAM DIEHL,
Defendant
No. 99-4068
CIVIL ACTION
JOINT STIPULATION TO DISCONTINUE AND ORDER
AND NOW, comes Plaintiff, WEST SHORE TAXI COMPANY, INC., by and through
counsel, Daniel M. Myshin, Esq, and Defendant, WILLIAM DIEHL, by and through counsel,
Barbara Sumple-Sullivan, Esq. who pursuant to Pa.R.C.P. 232 and 229 jointly move to
discontinue all claims and actions as to SCOTT A. STAIGER, individually, for the following
reasons:
1. Plaintiff, WEST SHORE TAXI COMPANY, INC. (hereinafter, "Taxi") is a solvent
Pennsylvania corporation licensed to operate a taxi business within the Commonwealth.
2. On May 26, 1999 Taxi by and through its President, SCOTT A. STAIGER,
(hereinafter, "Staiger") filed an action for damages pursuant to lease terms against
Defendant, WILLIAM DIEHL (hereinafter, "Diehl") before District Justice Gayle A. Elder.
3. At all times relevant hereto, Staiger acted solely in the capacity of Taxi's corporate
officer and took no individual action in his personal capacity.
4. The caption of Taxi's Complaint before the District Justice inadvertently included
Staiger's name, individually, as an additional plaintiff.
5. The caption of Taxi's Default Judgment inadvertently included Staiger's name,
individually, as an additional plaintiff.
West Shore Taxi/Joint Stipulntion to DISennllmle 2
September 14, 1999
6. The caption of Dichl's Notice of Appeal and Praecipe to Enter Rule to File Complaint
and Rule to File at the above number and term inadvertently included Staiger's name,
individually, as an additional plaintiff.
7. The caption of Dichl's Answer and Counterclaim inadvertently included Staiger's name,
individually, as an additional plaintiff.
8. Staiger has no individual or personal interest in the litigation other than in his capacity
as Taxi's President. No claim or counterclaim has been brought against Staiger in his
individual capacity.
9. By signature below, both parties through their respective counsel, mutually consent to
the removal of SCOTT A. STAIGER, individually, as an additional plaintiff.
WHEREFORE, upon joint motion, counsel request this Honorable Court to enter the
attached Order discontinuing all claims, with prejudice, as to SCOTT A. STAIGER, individually
for the reasons stated herein.
Consenting:
West Shore Taxi Company, Inc.
Scott A. Staiger, President
Consenting
ill?iehl
west shore'raxitioint Stipulnunn ¢r Discontinue
September 14. 1099
R p ully ubmitt2:c?,
Dane M. Myshin Esq. Attorney for Plaint ff
Pa Supreme Court ID #40366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
Res et&ym d,
Barbara Sumple-Sullivan, Esq.
Attorney for Defendant
Pa. Supreme Court ID #
549 Bridge Street
New Cumberland, PA 17070-1931
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC
a Pennsylvania Corporation,
Plaintiff
V.
WILLIAM DIEHL,
Defendant
No. 99-4068
CIVIL ACTION
ORDAR OF COURT
AND NOW, this & tA day of ? ?ILLzlu?K , 2000 upon motion of Plaintiff, WEST
SHORE TAXI COMPANY, INC., argument on Plaintiffs MOTION TO COMPEL ANSWERS
TO PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS is scheduled
before the undersigned in Courtroom No. y , Cumberland County Courthouse, Carlisle,
Pennsylvania on the,?noi day of I ?? . 2000 at-?;DD o'clock, /I M. Briefs to be
filed in accordance with C.C.R.P. 210-6.
BY THE COURT:
f
J.
West Share/Motion to Compel
January 17, 2000
e') n
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC., )
a Pennsylvania Corporation, )
Plaintiff )
V. ) No. 99-4068
WILLIAM DIEHL, )
Defendant ) CIVIL ACTION
RULE TO SHOW CAUSE
AND NOW, to-wit, this day of , 2000 upon consideration
of the foregoing MOTION TO COMPEL ANSWERS TO PLAINTIFF'S SECOND REQUEST
FOR PRODUCTION OF DOCUMENTS, and upon motion of Daniel M. Myshin, Esq., attorney
for Petitioner, a Rule is granted upon Respondent, WILLIAM DIEHL, to show cause why he/she
should not be ordered and directed to provide Plaintiff with the attached, fully executed IRS
forms.
Rule returnable the _ day of 2000.
BY THE COURT:
J.
WN Shore/Motion to Compel 2
January 17, 2000
IN THE COURT OF COMMON PI.I AS OF CUMBERLAND COUNTY,
PFNNSYLVANIA
WEST SHORE. TAXI COMPANY. INC'.. 1
a Pennsylvania Corporation. 1
Plaintiff )
l
v. ) No. 99-4068
1
WILLIAM DIEHL.. )
Defendant 1 CIVIL. ACTION
MOTION TO COMPEL ANSWERS TO PLAINTIFF'S
SECOND REQUEST FOR PROCUCTION OF DOCUMENTS
AND NOW, comes Plaintiff, WEST SHORE TAXI COMPANY. INC.. by and through
its attorney, Daniel M. Myshin, Esq.. who moves this Court pursuant to Pa.R.C.P. 4019, for an
Order compelling Defendant, WILLIAM DIEHL, upon penalty of further sanctions, to fully
answer PLAINTIFF'S SECOND RF,QLIEST FOR PRODUCTION OF DOCUMENTS within 20
days hereof, and in support thereof, states as follows:
1. On August 16, 1999 Defendant filed an ANSWER AND COUNTERCLAIM. By paragraphs
24, 25, and 30, of Defendant's ANSWER AND COUNTERCLAIM, Defendant has alleged a
loss of earnings clue to Plaintiffs conduct.
2. On October 18. 1999 Plaintiffs counsel served Defendant with PLAINTIFF'S FIRST SET OF
INTERROGATORIES AND FIRST RI::QUF;ST FOR PRODUCTION OF DOCUMENTS.
3. On December 2. 1999 Defendant served Plaintiffs counsel with DEFENDANT'S
RESPONSE TO PLAINTIFF'S REQUESTFOR PRODUCTION OF DOCUMENTS.
4. By Request No. 8. Plaintiff requested:
"Provide copies of all financial records concerning Dichl, for the tax years 1995 until
the present, including, but not limited to any and all tax returns, W-2's, and other
filings, employment records, and wage or salary information."
11'cG shoreWolmn 1n (m"I' l 3
Inn 11 nl\ 11. 2 01111
Defendant failed to produce the requested documents, but, rather, replied:
" To be provided."
5. On December 13, 1999 Plaintiffs counsel served Defendant with PLAINTIFF'S SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS.
6. On.lanuary 14, 2000 Defendant served Plaintiff's counsel with DEFENDANT'S RESPONSE
TO PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS.
7. By Request No. 1, Plaintiff asked Defendant to produce the following:
"Please verify the correct information and sign, date and return the attached IRS Form
4506."
Defendant failed to produce the requested documents, but, rather, replied:
"Objection. Plaintiffs request is overly broad and beyond the scope of discovery."
8. By Request No. 2, Plaintiff asked Defendant to produce the following:
"Please verify the correct information and sign, date and return the attached IRS Form
8821."
Defendant failed to produce the requested documents, but, rather, replied:
"Objection. Plaintiffs request is overly broad and beyond the scope of discovery."
9. The documents requested are relevant to the subject matter involved in the action and will
substantially aid in the trial of this case, Pa.R.C.P. 4003.1(a), Pa.R.E. 401; will substantially
aid the Finder of Fact in the orderly disposition of this litigation; and, are not subject to any
recognized legal privilege.
10. The objections raised by Defendant are frivolous and without merit. Pa.R.C.P. 4003.1.
11. By Defendant's failure to make a timely objection in response to Plaintiffs initial request for
the income tax returns, and Defendant's affirmative response that the tax returns would be
provided, in response to PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF
West Shore/Motion to Compel 4
Januaq 17, 2000
DOCUMENTS No. 8, Defendant has waived any objection to production of the requested
documents,.
12. On January 19, 2000 Plaintiffs counsel provided Defendant's counsel with a copy of the
instant motion as well as PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS suggesting a
reasonable alternative to the requested information in an attempt to amicably resolve this
issue. On February 4, 2000 Plaintiffs counsel spoke by telephone with Defendant's counsel
seeking concurrence on the issue. Defendant's counsel stated inter alga that she had not
spoken with her client because Defendant was out of town. Defendant's counsel promised to
contact her client and respond on or before February 9th. As of filing the instant motion,
Plaintiffs counsel has not been contacted.
WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling
Defendant to respond fully to Plaintiff's SECOND REQUEST FOR PRODUCTION OF
DOCUMENTS and to produce all requested documents within twenty (20) days of the date of
said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019.
sq.
Daniel M. hPlainti
Attorney fPa Supreme Court ID #40366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
West Shore/Motion to Compel 5
January 17, 2000
CERTIFICATE OF SERVICE BY MAIL
I, Daniel M. Myshin, Esq., certify that on the 19°i day of January, 2000 and the 10'h day of
February, 20001 served true and correct copies of the above captioned MOTION TO COMPEL
ANSWERS TO PLAINTIFF'S SECOND REQUEST FOR PRODUCTION OF DOCUMENTS
by United States Mail, first class postage prepaid and addressed to the following:
Barbara Sumple-Sullivan, Esq.,
Counsel for Diehl
549 Bridge Street
New Cumberland, PA 17070-1931.
vVV_ " a
Daniel M. Myshin, sq.
Attorney for Plainti
Pa Supreme Court ID #40366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
West Shore/Motion to Compel
Jutuary 17, 2000
n
VERIFICATION
1 verify that the statements made herein are true and correct. 1 understand that false
statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
1 Z)& lw
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC., )
a Pennsylvania Corporation, )
Plaintiff )
V. ) No. 99-4068
WILLIAM DIEHL, )
Defendant ) CIVIL ACTION
ORDER OF COURT
AND NOW, this _ day of 2000 upon motion of Plaintiff, WEST
SHORE TAXI COMPANY, INC., and this Court being otherwise advised of the circumstances,
it is hereby ORDERED pursuant to Pa.R.C.P. 4019, that the objections raised by Defendant,
WILLIAM DIEHL, are overruled and Defendant, WILLIAM DIEHL, is ordered to fully answer
Plaintiffs Second Request for Production of Documents by providing Plaintiff with the attached,
fully executed IRS forms, within twenty (20) days hereof. Upon failure to fully comply within
the time allowed, the Court may impose further sanctions against Defendant, WILLIAM DIEHL.
BY THE COURT:
J.
West Shore/Motion to Compel 6
January 17, 2000
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WEST SHORE TAXI COMPANY, INC
Plaintiff
V.
WILLIAM DIEHL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4065
CIVIL
RULE
AND NOW, this d3'1 day of 2000 on consideration of the Petition for Leave to
Withdraw as Counsel, a RULE is issued on Plaintiff and Defendant to show cause, if any, why the Court should not
grant the relief requested.
The Rule is returnable within t;L0 days from the date of service hereof.
BY THE CO
J.
C? ?a.00
r f_ AUG 2 2 201
WEST SHORE TAXI COMPANY, INC.
Plaintiff
V.
WILLIAM DIEHL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4068
CIVIL
PETITION FOR LEAVE TO WITHDRAW A COITNSEL
AND NOW, this 16th day of August, 2000, comes Barbara Sumple-Sullivan, Esquire, and files the within
Petition for Leave to Withdraw as Counsel for the following reasons:
On or about February 5, 1999, William Diehl, Defendant contracted with the law firm of Barbara
Sumple-Sullivan, Esquire in connection with the above-referenced civil action.
2. Pursuant to that representation, the litigation involving this case is continuing.
3. Despite numerous requests, William Diehl has refused to make payment to counsel as agreed or
otherwise contact and cooperate with counsel regarding this matter.
4. Defendant has not been cooperative in providing requested information and has not fulfilled his
obligations to Movant and it would be a hardship for Movant to incur additional time and expense incident to this
representation.
WHEREFORE, Barbara Sumple-Sullivan, Esquire, requests that she be withdrawn as counsel and that
William Diehl, be ordered and/or directed to find another counsel.
Respectfully submitted,
DATE: August 16, 2000 ?'v ?
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
WEST SHORE TAXI COMPANY, INC
Plaintiff
V.
WILLIAM DIEHL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4068
CIVIL
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and
correct copy of the PETITION FOR LEAVE TO WITHDRAW AS COUNSEL, in the above-captioned matter
upon the following individuals by first class mail, postage prepaid, addressed as follows:
Mr. William Diehl
102 Carroll Drive
Dillsburg, PA 17019
DATE: August 16, 2000
Daniel M. Myshin, Esquire
4800 Linglestpivn Road, Suite 305
Harrisbure4X 17113-9507
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
• AUG 2 2 2000
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WEST SHORE TAXI COMPANY, INC., )
a Pennsylvania Corporation, )
Plaintiff )
V. ) No. 99-4068
WILLIAM DIEHL, )
Defendant ) CIVIL ACTION
PLAINTIFF'S REPLY TO
PETITION TO WITHDRAW AS COUNSEL
AND NOW, comes Plaintiff, WEST SHORE TAXI COMPANY, INC., by and through
counsel, Daniel M. Myshin, Esq., making a reply to counsel's Petition to Withdraw as Counsel,
of which the following is a statement:
Admitted.
2. Admitted.
3. After reasonable investigation, Taxi is without knowledge or information sufficient to
form a belief as to the truth of counsel's averment.
4. After reasonable investigation, Taxi is without knowledge or information sufficient to
form a belief as to the truth of counsel's averment.
WHEREFORE, Plaintiff, WEST SHORE TAXI COMPANY, INC., has no objection to
counsel's petition for leave to withdraw.
D9rn . Mysit Afor Plaintiff
Pa Supreme Court ID #40366
4800 Linglestown Road. Suite 305
Ilarrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
West Share 'lax i/aeply to Rule
scptcmbcr 13. 2000
CERTIFICATE OF SERVICE BY MAIL
1, Daniel M. Myshin, Esq., certify that on the 1311 day of September, 2000 I served a true
and correct copy of the above captioned pleading by United States Mail, first class postage
prepaid and addressed to the following:
Defendant William Diehl
102 Carroll Drive
Dillsburg, PA 17019
Barbara Sumple-Sullivan, Esq.,
Attorney for Defendant
549 Bridge Street
New Cumberland, PA 17070-1931. kt4
Danie . Myshin, Es 1.
Attorney for Plaintiff
Pa Supreme Court ID 40366
4800 Linglestown Road, Suite 305
Harrisburg, PA 17112-9507
717-541-5451 717-541-5457 fax
West Shore'1'asi/Reply to RWe 2
September 13, 2000
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WEST SHORE TAXI COMPANY, INC.,
Plaintiff
V.
WILLIAM DIEHL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4068
CIVIL
ORDER
AND NOW, TO WIT, this 071T
"r of e ^?' 2000, it is ORDERED,
ADJUDGED and DECREED that:
1. The Rule to Show Cause is made Absolute; and
2. The appearance of Barbara Sumple-Sullivan, Esquire as counsel for the Defendant,
William Diehl in the above stated action, is hereby withdrawn.
BY THE C
T`. ""F
IJ. i.
[?Q VP P2 AH 3: 18
FENNS'(LIS'ldIA
* .
WEST SHORE TAXI COMPANY, INC.
Plaintiff
V.
WILLIAM DIEHL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4068
CIVIL
PETiTLODLTQM AKEBU LEABS_MU TE
1. Petitioner is Barbara Sumple-Sullivan, Esquire.
2. Respondents are Daniel M. Myshin, Esquire, and William Diehl.
3. On or about August 17, 2000, Petitioner filed a Petition for Leave to Withdraw as
Counsel for William Diehl.
4. On August 23, 2000, Judge Guido issued a Rule, returnable within twenty (20) days,
to show cause why Petitioner should not be allowed to withdraw as counsel in this case.
5. Plaintiffs Attorney, Daniel M. Myshin, filed Plaintiffs Reply to Petition to
Withdraw as Counsel, indicating that they have no objection to Petitioner's request to withdraw as
counsel for Defendant.
6. Having received no objection to date, Petitioner hereby requests leave to withdraw
as counsel for Defendant, William Diehl.
DATE: September 18, 2000
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-!445
Supreme Court I.D. 32317
t,
WEST SHORE TAXI COMPANY, INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
NO. 99-4068
CIVIL
WILLIAM DIEHL,
Defendant
CERTI FLCATE_OF_SF.RYICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I
served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter
upon the following individual(s) by United States first-class mail, postage prepaid, addressed as
follows:
Mr. William Diehl
102 Carroll Drive
Dillsburg, PA 17019
Daniel M. Myshin, Esquire
4800 Linglestown Road, Suite 305
Harrisburg, PA 17!P-9507
DATE: September 18, 2000
Barbara Sumple-Sulliva , • uire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
r.
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