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Home My WebLink About03-3823 GUY A. ECKERT, t/d/a, AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZIEGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0 3- 3S J--3 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS To the Prothonotary: Kindly issue a writ of summons in the above-captioned action. Please forward the writ of summons to the Sheriff of Cumberland County for Deputized Service for personal service on the Defendants as follows: James E. Ziegler Oglevee Ltd. Penske Truck Leasing Co., 119 Cooley Estates Road 152 Oglevee Lane LLP Smithfield, PA 15478 Connelsville, PA 15425 Rt. 10 Green Hills (Fayette County) (Fayette County) Reading, PA 19603 (Berks County) COYNE & COYNE, P.C. Date: ?I 5 I0 3 ??-- S MARIE COYNE ESQUIRE 1 Mazket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff GUY A. ECKERT t/d/a AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZEIGLER OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF SAID COUNTY: Kindly enter my appearance on behalf of all Defendants with regard to the above-captioned action. Respectfully submitted, CALDWELL & KEARNS By: rOJ ey . cGuire, Esquire y I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 j?b 7 Dated: 7/ / CERTIFICATE OF SERVICE AND NOW, this day of 2004, I hereby certify that I have served a copy of the within docum nt on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage; prepaid, addressed to: Lis Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 CALDWE]LL & KEARNS By:? c; ?? `s ? > ,_ -?? ,) i::. t.. -t r; ^ ia7 O?` '.?"; _ _ - _._? ' ? ro ? _ ? , '?; v? GUY A. ECKERT t/d/a AARON POTTEIGER & SON Plaintiff vs. JAMES E. ZEIGLER OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants To: Guy A. Eckert t/d/a Aaron Potteiger & Son c/o Lis Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION - LAW RULE A Rule is hereby issued upon you to file a Complaint within twenty (20) days of service hereof, or judgment of non pros will be entered against you. L Prothonotary Dated: I/I& /01 GUY A. ECKERT t/d/a AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZEIGLER OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION- LAW PRAECIPE TO ISSUE RULE TO FILE COMPLAINT TO: CUMBERLAND COUNTY PROTHONOTARY Please issue a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of service of said Rule, or suffer judgment of non pros. CALDWELL & KEARNS By: Avje- rcGuirc, Esquire 3627 / 3631 North Front .'itreet l?s 6 Harrisburg, PA 17110 Dated: / (717) 232-7661 04-599/75862 N r- o ("i _ c_o ..c- -t1 ? ___ ?_; ,.,, r- r; T1 ??l V V ? . -' .; ?? .. ?1? ? r ?? G ? c u- -„ r r ? a ?;? ?. _, U ? y, . ._ G .; -? ^o d U ?> :. ? ? ?`r O ?? Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS GUY A ECKERT t/d/a AARON POTTEIGER & SON Plaintiff Court of Common Pleas No. 03-3823 In CivilAction-Law JAMES E ZIEGLER 119 COOLEY ESTATES ROAD SMITHFIELD, PA 15478 (FAYETTE COUNTY) OGLEVEE LTD 152 OGLEVEE LANE CONNELSVILLE PA 15425 (FAYETTE COUNTY) PENSKE TRUCK LEASING CO., LLP RT 10 GREEN HILLS READING PA 19603 (BERKS COUNTY) Defendant To JAMES E ZIEGLER, OGLEVEE LTD AND PENSKE TRUCK LEASING CO LLP You are hereby notified that GUY A ECKERT T/D/A AARON POTTEIGER & SON the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date AUGUST 6, 2003 Vs. CURTIS R. LONG Prothonotary By Q ? ?Deputy Attorney: Name: LIS MARIE COYNE ESQUIRE Address: 3901 MARKET STREET CAMP HILL PA 17011-4227 Attorney for: Plaintiff Telephone: (717) 737-0464 Supreme Court ID No. 53788 TRUE COPY FROM RECORD rn Testdmony whereof, !hero unto sot my hand and ft setal of said Cqt at ca rlssie, pc Prothonatarr SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT GUY A T/D/A AARON POTTE VS ZIEGLER JAMES E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ZIEGLER JAMES E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FAYETTE County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 2nd , 2003 , this office was in receipt of the attached return from FAYETTE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Fayette County 50.55 .00 87.55 12/02/2003 COYNE & COYNE Sworn and subscribed to before me is this /b _ day of lpv. S A. D. So answers ?-- R. Thomas Kline Sheriff of Cumberland County Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT GUY A T/D/A AARON POTTE VS ZIEGLER JAMES E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: OGLEVEE LTD but was unable to locate Them deputized the sheriff of FAYETTE in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 2nd , 2003 , this office was in receipt of the attached return from FAYETTE Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 12/02/2003 COYNE & COYNE So answers-;,------, i R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me - n this /0 t- day of ?2o03 A. D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT GUY A T/D/A AARON POTTE VS ZIEGLER JAMES E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: PENSKE TRUCK LEASING CO LLP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BERKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 2nd , 2003 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Berks County 26.76 .00 51.76 12/02/2003 COYNE & COYNE Sworn and subscribed to before me this &A r_- day of ?, A. D. \`1 grc C1 7LL J Prothonota So answer _ R. Thomas Kline ° Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03823 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECKERT GUY A T/D/A AARON POTTE VS ZIEGLER JAMES E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ZIEGLER JAMES E but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of GREENE County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 2nd , 2003 , this office was in receipt of the attached return from GREENE Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Greene County 92.35 .00 117.35 12/02/2003 COYNE & COYNE Sworn and subscribed to before me this /D i? day of k&,-e? „2us 3 A. D. Prothonotary So answers: R. Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Guy A. Eckert t/d/a Aaron Potteiger & Son vs. James E. Ziegler et al SERVE: James E. Ziegler No. 03-3823 civil Now, August 8, 2003 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Fayette County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ! I Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to , 20_, at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this _ day of 120 MILEAGE AFFIDAVIT County, PA FAYETTE COUNTY PENNSYLVANIA 'AFFIDAVIT OF NON SERVICE PLACE OF ORIGIN: CUMBERLAND COUNTY, PA. COURT NUMBER: 3 OF 3823 CIVIL TYPE OF WRIT/COMPLAINT: WRIT OF SUMMONS PLAINTIFF(S): GUY A ECKERT AL DEFENDANT(S): JAMES E ZIEGLER PLAINTIFF ATTY: CUMBERLAND COUNTY SHERIFF NAME OF ENTITY TO SERVE: JAMES E ZIEGLER ADDRESS: 119 COOLEY ESTATES ROAD, SMITHFIELD, PA, PLACE OF SERVICE: 119 COOLEY ESTATES ROAD, SMITHFIELD, PA, DATE 8 TIME OF SERVICE: AUGUST 13, 2003 00:00 AM COSTS: 50.55 I HEREBY CERITIFY AND RETURN THAT I, ERNEST R KOPICH, DEPUTY, DID NOT FIND THE ABOVED NAMED INDIVIDUAL, COMPANY, CORPORATION ETC., AT THE PLACE OF SERVICE SHOWN ABOVE. WITNESS MY HAND AND SEAL OF THE SHERIFF'S OFFICE, AT UNIONTOWN, PENNSYLVANIA THIS 30TH DAY OF SEPTEMBER, 2003 SO ANSWERS GARY D. BROWNFIELD SR., SHERIFF. ERNEST(ewrch, DEPUTY GARY D. BROWNFIELD SR. Cl ' SHERIFF OF FAYETTE COUNTY SWORN TO AND SUBSCRIBED BEFORE ME THIS _ DAY OF In The Court of Common Pleas of Cumberland County, Pennsylvania Guy A. Eckert t/d/a Aaron Pott#e'e & son VS. James E. Ziegler et al SERVE: Oglevee LTD r4ph,01AI. No. 03-3823 civil Now, August 8, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Fayette County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within , 20, at o'clock M. served the upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT FAYETTE COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE PLACE OF ORIGIN: CUMBERLAND COUNTY, PA. COURT NUMBER: 3 OF 3823 CIVIL TYPE OF WRIT/COMPLAINT: WRIT OF SUMMONS PLAINTIFF(S): DEFENDANT(S): OGLEVEE LTD PLAINTIFF ATTY: NAME OF ENTITY TO SERVE: OGLEVEE LTD ADDRESS: 152 OGLEVEE LANE, CONNELLSVILLE,PA, PLACE OF SERVICE: 152 OGLEVEE LANE, CONNELLSVILLE,PA, DATE & TIME OF SERVICE: AUGUST 13, 2003 09:00 AM COSTS: •00 I HEREBY CERITIFY AND RETURN THAT I, SAM L, DEPUTY, HAVE PERSONALLY SERVED THE WRIT OR COMPLAINT DESCRIBED UPON ON OGLEVEE LTD, DEFENDANT,BY SERVING DONALD MCINTYRE, GENERAL MANAGER AT THE PLACE OF SERVICE SHOWN ABOVE. WITNESS MY HAND AND SEAL OF THE SHERIFF'S OFFICE, AT UNIONTOWN, PENNSYLVANIA THIS 30TH DAY OF SEPTEMBER, 2003 SO ANSWERS GARY D. BROWNFIELD SR., SHERIFF. SAM LiEDEPUTY GARY D. BROWNFIELD SR. SHERIFF OF FAYETTE COUNTY SWORN T AND SUB IB D BEFORE ME THIS DAY OGI-3 NOTARIAL SEAL ANTONIA PETRUS, Notary Public MASONTOWN BOROUGH, F FEBRUARY 16 I W E6NIMISSION E%PI RECEIVED FROM DATE 9/30/2003 RECEIPT NO. 7496 ENVELOPE NO. K 1821 RECEIPT AMOUNT 50.55 RECEIVED BY TP In The Court of Common Pleas of Cumberland County, Pennsylvania Guy A. Eckert t/d/a Aaron Potteiger & Son VS. James E. Ziegler et al SERVE: Penske Truck Leasing Co LLP No. 03-3823 civil Now, August 8, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.. '- Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to , 20i, at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of 120 COSTS SERVICE $ MILEAGE AFFIDAVIT SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone: 610-478-6240 Main Fax: 610-478-6222 Sheriff Fax: 610-478-6072 Barry Jozwiak, Sheriff Eric J. Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 03-3823 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me; RICKY SCHLOUCH, Deputy for Barry J. Jozwiak, Sheriff of Berks County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says that on AUGUST 13, 2003 at 1:55 PM, he served the annexed WRIT OF SUMMONS upon PENSKE TRUCK LEASING CO LLP, within named defendant, by handing a copy thereof to JANICE KLOC, LEGAL SECRETARY, at RT 10 GREEN HILLS, READING, CUMRU TOWNSHIP, ks County, Pa., and made known to defendant the contents thereof DEPUTY ERIFF OF BERKS CO., PA i subscribed before me day of AUGTjST, 2003 ARY vNOTARIAL SEAL TAMMY RODRIGUEZ, Notary Public Reading, Berks County, PA My Commission Expires to-06-2003 PA Sheriff s Costs in Above Proceedings $ 75.00 DEPOSIT $ 26.76 ACTUAL COST OF CASE $ 48.24 AMOUNT OF REFUND Service made as set forth above. $p veers, -7- f I awoa/ SHERIFF OF BERKS COUNTY, PA All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20, 1911, P.L/ 1072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA ) NO. 03-3823 COUNTY OF GREENE ) WRIT OF SUMMONS TO THE HONORABLE JUDGE WITHIN NAMED: Personally appeared before me Robin S. Ketchem, Lieutenant for RICHARD C. KETCHEM, Sheriff of Greene County, Pennsylvania, who being duly sworn according to law deposes and says that on the 12th day of November, 2003 at 11:40 a.m., she served the within named defendant James E. Ziegler at the Greene County Sheriff s Office, 10 East High St., Suite 106, Waynesburg, PA 15370, Greene County by handing to and leaving with him, a true and correct copy of the within Writ of Summons NO. 03-3823 and making known to him the contents thereof. Sheriffs Fees $87.35 Prothy $ 5.00 Total $92.35 Sworn to and subscribed Before me this 20th day Of November, 2003 PROTHONOTARY My commission expires on The first Monday of January, 2004 PAID BY LIS MARIE COYNE So Answers, Robin S. Ketchem Lieutenant Served as set Forth, ,RICHARD C. KETCHEt7, SHERIFF GREENE COUNTY, PENNSYLVANIA GUY A. ECKERT, t/d/a, : IN THE COURT OF COMMON PLEAS OF AARON POTTEIGER & SON : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 03-3823 CIVIL TERM JAMES E. ZIEGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP : CIVIL ACTION--LAW Defendants : Jury Trial Demanded NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (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 our 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1 GUY A. ECKERT, t/d/a, : IN THE COURT OF COMMON PLEAS OF AARON POTTEIGER & SON : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. :NO. 03-3823 CIVIL TERM JAMES E. ZIEGLER OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP : CIVIL ACTION--LAW Defendants : Jury Trial Demanded COMPLAINT TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES, the Plaintiff, Guy A. Eckert, t/d/b/a, Aaron Potteiger & Sons, by and through his attorneys, Coyne & Coyne, P.C., and avers the following, in support of this Complaint: 1. Plaintiff, Guy A. Eckert, is an adult individual residing at 475 Sample Bridge Road, Enola, Cumberland County, Pennsylvania. 2. Plaintiff, Aaron Potteiger & Son, is a properly registered business under the Pennsylvania Fictitious Names statute to conduct business under the fictitious name of "Aaron Potteiger & Son". 3. Defendant, James E. Ziegler, is an adult individual residing at 443 Dilliner Hill Road, Dilliner, Green County, Pennsylvania. 4. Defendant, Oglevee, LTD., is a business entity with headquarters at 152 Oglevee Lane, Connelsville, Fayette County, Pennsylvania. 5. Defendant, Penske Truck Leasing Co., LLP, is a business entity with headquarters at Rt. 10 Green Hills, Reading, Berks County, Pennsylvania. 2 6. On February 11, 2003 at approximately 12:39 o'clock p.m. a 2000 Ford/F-450 Dump Truck owned by the Plaintiff and operated by Edgar Faircloth was traveling eastbound on Grantham Road, in Upper Allen Township, Cumberland County, Pennsylvania. and entered onto U.S. Route 15 by direction of a steady green traffic signal located at the intersection of Grantham Road and U.S. Route 15 in Upper Allen Township, Cumberland County. 7. At all times at issue, the Defendant Ziegler was operating a 2001 International 4900 Truck registered to Defendant Penske Truck Leasing Co., LLP, and driving northbound on Route 15 in Upper Allen Township, Cumberland County. 8. Defendant Ziegler failed to stop his vehicle for a steady red traffic signal at the intersection of Grantham Road and Route 15 and collided broadside with the Plaintiff s vehicle. 9. As a result of the violent collision, Plaintiff s vehicle was mangled and destroyed beyond repair and was totally inoperatable and had to be removed by wrecker from the collision site. 10. As a result of the violent collision, various tools of his trade located in the Truck and/or attached to the truck were damaged and destroyed and were no longer available to Plaintiff for use in his excavating and snow removal business and worksites. 11. As a result of the violent collision, Plaintiff was unable to conduct his normal business without the use of his specially out-fitted 2000 Ford/F-450 Dump Truck and Plaintiff had to hire other contractors to complete various contracted jobs and had to rent various equipment and vehicles to complete some jobs. 12. As a result of the violent collision, Plaintiff was unable to conduct his normal snowplowing business without the use of his specially equipped 2000 Ford/F-450 Dump Truck and lost income from snowplowing jobs for which he routinely performed during the winter months. 3 COUNT NO. I: Guy A Eckert t/d/a Aaron Potteiger & Son, Plaintiff v. James E. Ziegler, Defendant 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. At the time of the violent collision, the negligence of the Defendant Ziegler consisted of the following: a) failing to stop his vehicle for a red traffic signal; b) failing to keep his vehicle under proper and adequate control; C) failing to keep a careful and diligent watch on the road; d) operating his vehicle in a careless, reckless and negligent manner; e) failing to operate his vehicle with due care under the circumstances; t) operating his motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania; g) failing to comply with the provisions of Section 3111 and 3112 of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence; h) such other acts or omissions as may be revealed in the course of discovery, or at the trial of this case. 15. As a direct and proximate result of this violent collision caused by Defendant Ziegler's negligent conduct, Plaintiff's vehicle and various tools of the trade on the truck were destroyed and Plaintiff's vehicle had to be a towed from the collision scene. 16. As a direct and proximate result of Defendant Ziegler's negligent conduct, Plaintiff was unable to engage fully in the operation of his business and sustained losses to his business due to the 4 unavailability of said truck, the destruction of the said truck and the; destruction and damage of various tools of the trade located within and upon the said truck. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in his favor and against Defendant Ziegler in an amount in excess of the mandatory arbitration amount for this County, plus interest and court costs. COUNT NO. H Guy A Eckert d/b/a Aaron Potteieer & Son. Plaintiff v. Oglevee Ltd.. Defendant 17. Plaintiff incorporates paragraphs 1 through 16 of the Complaint by reference. 18. At all rimes and dates stated in this Complaint, Defendant Ziegler was an employee, agent and/or servant of Defendant Oglevee Ltd. 19. At all times and dates stated in this Complaint, it is believed that Defendant Ziegler was performing services within his scope of employment for Defendant Oglevee Ltd. 20. As an employee, agent and/or servant of Defendant Oglevee Ltd., Defendant Ziegler did negligently cause damage to Plaintiff's personal property when Defendant Ziegler's vehicle violently collided with Plaintiff s truck; to wit: a) failing to stop his vehicle for a red traffic signal; b) failing to keep his vehicle under proper and adequate control; c) failing to keep a careful and diligent watch on the road; d) operating his vehicle in a careless, reckless and negligent manner; e) failing to operate his vehicle with due care under the circumstances; f) operating his motor vehicle in disregard of the rubs of the road and the laws of the Commonwealth of Pennsylvania; 5 g) failing to comply with the provisions of Section 3111 and 3112 of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence; h) such other acts or omissions as may be revealed in the course of discovery, or at the trial of this case. 21. As a direct and proximate result of this violent collision caused by Defendant Ziegler's negligent conduct, Plaintiff's vehicle and various tools of the trade on the truck were destroyed and Plaintiff s vehicle had to be a towed from the collision scene. 22. As a direct and proximate result of Defendant Ziegler's negligent conduct as an employee, agent, or servant of Defendant Oglevee, Ltd., Plaintiff' was unable to engage fully in the operation of his business and sustained losses to his business due to the unavailability of said truck, the destruction of the said truck and the destruction and damage of various tools of the trade located within and upon the said truck. 23. As a result of the violent collision and the loss of the Truck and associated loss, damage and destruction of tools of the trade, Plaintiff was unable to perform regular and routine obligations of his business, which resulted in loss of income and revenue to Plaintiff. 24. The negligence of Defendant Ziegler in causing the violent collision, described above, is imputed to his employer, principal and/or master, Oglevee Ltd. under the doctrine of respondeat superior. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in his favor and against Defendant Oglevee Ltd. In an amount in excess of the mandatory arbitration amount for this county, plus interest and court costs. 6 COUNT NO. III Guy A Eckert t/d/a Aaron Potteiaer & Son v. Penske Truck Leasing Co. LLP. Defendant 25. Paragraphs 1 through 24 are incorporated herein. 26. At the date and time of said collision, the 2001 International 4900 Truck operated by Defendant Ziegler, was owned by and registered to Defendant Penske Truck Leasing Co., LLP. 27. The vehicle operated by Defendant Ziegler was leased by Defendant Oglevee Ltd. from Defendant, Penske Truck Leasing Co., LLP. 28. At the date and time of said collision, it is believed that Defendant Ziegler may have been an employee, agent or servant of Defendant Penske Truck Leasing Co., LLP. 29. At the date and time of said collision, it is believed that Defendant Oglevee Ltd. may have been an employee, agent or servant of Defendant Penske Truck Leasing Co., LLP. 30. At all times and dates stated in this Complaint, Defendant Ziegler was performing services within his scope of employment or agency for Defendant Penske Truck Leasing Co., LLP. 31. As an employee, agent and/or servant of Defendant Penske Truck Leasing Co., LLP and/or Defendant Oglevee Ltd., Defendant Ziegler did negligently cause herein stated harm upon Plaintiffs personal property when the truck operated by Defendant Ziegler violently collided with Plaintiff s truck: to wit: a) failing to stop its vehicle for a red traffic signal; b) failing to keep its vehicle under proper and adequate control; c) failing to keep a careful and diligent watch on the road; d) operating its vehicle in a careless, reckless and negligent manner; 7 e) failing to operate its vehicle with due care under the circumstances; f) operating its motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania; g) failing to comply with the provisions of Section 3111 and 3112 of the Pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as they relate to the aforesaid acts of negligence; h) such other acts or omissions as may be revealed in the course of discovery, or at the trial of this case. 32. As a result of the violent collision and the loss of Plaintiff's Truck and associated loss, damage and destruction of Plaintiff's tools of the trade, Plaintiff was unable to perform his regular and routine contractual obligations and seasonal snow removal jobs which resulted in loss of income and revenue to Plaintiff. 33. As a direct and proximate result of this violent collision caused by Defendant Ziegler's negligent conduct, Plaintiff's vehicle and various tools of the trade on the truck were destroyed and Plaintiff's vehicle had to be a towed from the collision scene. 34. As a direct and proximate result of Defendant Ziegler's negligent conduct as an employee, agent, or servant of Defendant Oglevee, Ltd. and/or Defendant Pence Truck Leasing Co. LLP, Plaintiff was unable to engage fully in the operation of his business and sustained losses to his business due to the unavailability of said truck, the destruction of the said trick and the destruction and damage of various tools of the trade located within and upon the said truck. 8 35. As a result of the violent collision and the loss of the Truck and associated loss, damage and destruction of tools of the trade, Plaintiff was unable to perform regular and routine obligations of his business, which resulted in loss of income and revenue to Plaintiff'. 36. The negligence of Defendant Ziegler in causing the violent collision, described above, is imputed to Defendant Penske Truck Leasing Co., LLP, among other things, under the doctrine of respondeat superior. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in his favor against Defendant Penske Truck Leasing Co., LLP in an amount in excess of the mandatory arbitration amount for this county, plus interest and court costs. Date: Respectfully submitted: COYNE & COYNE, P.C. By: dPa..Supreme a Marie Coyne squire Ct. o. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorneys for Plaintiff 9 VERIFICATION The facts set forth in the foregoing Complaint are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: -7 Z3'/° N '-- J42- Guy E. Eckert t/d/b/a Aaron Potteiger & Son CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing complaint was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Mr. James E. Ziegler 443 Dilliner Dilliner, PA 15327 Oglevee Ltd. 152 Oglevee Lane Connelsville, PA 15425 Penske Truck Leasing Co., LLP Rt. 10 Green Hills Reading, PA 19603 Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Dated: 3a ° s arie Coyne, Es uire 3 01 Market Street Camp Hill., PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff 10 n ? o C.. co s- T a'° T m ? Q iv c `rte GUY A. ECKERT, t/d/a, AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZIEGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP Defendants TO: Mr. James E. Ziegler 443 Dilliner Dilliner, PA 15327 Penske Truck Leasing Co., LLP Rt. 10 Green Hills Reading, PA 19603 Oglevee Ltd. Jeffrey T. McGuire, Esquire 152 Oglevee Lane Caldwell & Kearns Connelsville, PA 15425 3631 North Front Street Harrisburg, PA 17110 DATE OF NOTICE: August 27, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral System 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 Date: August 27, 2004 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3823 CIVIL TERM : CIVIL ACTION-LAW : Jury Trial Demanded DYNE & ClCtroe P.C. A Esquire Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff CERTIFICATE OF SERVICE; I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Ten Day Notice of Intent to Enter Default Judgment was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: Mr. James E. Ziegler 443 Dilliner Dilliner, PA 15327 Oglevee Ltd. 152 Oglevee Lane Connelsville, PA 15425 Penske Truck Leasing Co., LLP Rt. 10 Green Hills Reading, PA 19603 Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Dated: L' a arie Coyne, E quire 39 1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff 2 c? o ,? W -rip ?.C xy C.3 rti y' C tD •? -K (J7 GUY A. ECKERT t/d/a AARON POTTEIGER & SON Plaintiff V. JAMES E. ZEIGLER, OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION - LAW NOTICE TO: Guy A. Eckert t/d/a Aaron Potteiger & Son c/o Lisa Mane Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 YOU ARE HEREBY NOTIFIED, that the Preliminary Objections set forth herein contains averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission. Date: gl r/6 Y Respectfully submitted, CA ELL & KEARNS By: Je e . McGuire, Esquire ttorney I.D. No. 73617 Attorneys for Defendants 3631 North Front Street Harrisburg, Pennsylvania 17110-1533 (717) 232-7661 GUY A. ECKERT t/d/a AARON POTTEIGER & SON Plaintiff V. JAMES E. ZEIGLER, OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION - LAW DEFENDANTS' PRELIMINARY OBJECTIONS AND NOW, come the Defendants, James E. Zeigler, Oglevee, LTD., and Penske Truck Leasing Co., LLP, by and through their attorneys, Caldwell & Kearns, and file the within Preliminary Objections to Plaintiffs Complaint; and in support thereof, aver as follows: On or about August 6, 2003, Plaintiff Guy A. Eckert, t/d/a, Aaron Potteiger & Son ("Plaintiff') initiated this matter by filing a Writ of Summons in the above-captioned matter against Defendants James E. Zeigler ("Defendant Zeigler"), Oglevee, LTD. ("Defendant Oglevee"), and Penske Truck Leasing Co., LLP. ("Defendant Penske"). 2. On or about July 15, 2004, Defendants filed a Rule to File Complaint upon Plaintiff. 3. On or about August 4, 2004, Plaintiff filed a Complaint against Defendants alleging negligence on the part of Defendant Zeigler, as well as liability based on the theory of respondeat superior against Defendants Oglevee and Penske. 4. Plaintiffs cause of action arises from a vehicular accident on February 11, 2003, between Plaintiffs vehicle and a vehicle allegedly operated by Defendant Zeigler, leased by Defendant Oglevee and owned by Defendant Penske. 5. Plaintiff seeks property damage to his vehicle, property damage to equipment contained in the vehicle, and lost income as the result of his inability to operate the vehicle. 6. On or about August 27, 2004, Plaintiff filed a Notice of Default Judgment. 7. Defendants now timely file the within Preliminary Objections to Plaintiffs Complaint. COUNTS I, II & III - DEMURRER FAILURE TO PLEAD SPECIAL DAMAGES WITH SPECIFICITY 8. The averments contained in paragraphs one (1) through seven (7) are incorporated herein by reference. 9. Pennsylvania Rule of Civil Procedure 1019(f) requires that "[a]verments of time, place and items of special damage be specifically stated" in pleadings. 10. Special damages are those which are not a necessary, usual, or ordinary consequence of the wrong done, but which depend upon special circumstances. Leonard v. Baltimore & O.R. Co., 259 Pa. 51, 102 A. 279 (1917); Parsons Trading Co. v. Dohan, 312 Pa. 464, 167 A. 310 (1933). 11. Paragraphs sixteen (16), twenty-two (22) and thirty-four (34) of Plaintiff's Complaint allege loss in the operation of Plaintiff's business as a result of the alleged negligence of the Defendants. 12. Paragraphs twenty-three (23), thirty-two (32) and thirty-five (35) of Plaintiff's Complaint allege loss of income and revenue as a result of the alleged negligence of the Defendants. 13. Losses sustained in the operation of one's business and loss of income from that business are not a necessary, usual, or ordinary consequence of an automobile accident, particularly where a replacement vehicle is obtained. 14. Plaintiff's inability to use his truck for snow removal purposes was not a foreseeable consequence at the time of the automobile accident that caused a loss of business and loss of income, because a replacement vehicle was obtained by Plaintiff for the continued operation of his business. 15. These alleged damages are special damages that must be pleaded with specificity. 16. Plaintiff's Complaint fails to plead these damages with specificity. 17. Plaintiff's failure to plead damages of loss of business and loss of income with specificity renders the Defendants unable to properly prepare a defense, and thus these paragraphs must be stricken. WHEREFORE, Defendants, James E. Zeigler, Oglevee, LTD., and Penske Truck Leasing Co., LLP, respectfully request that this Honorable Court SUSTAIN its objections and strike paragraphs 16, 22, 23, 32, 34 and 35 from Plaintiff's Complaint, or in the alternative require Plaintiff to plead the aforementioned paragraphs with the required specificity, and such other relief as this Court deems proper. COUNTS I, II, & III - DEMURRER ALLEGATION OF FACTS NOT KNOWN AT TIME OF COMPLAINT 18. The averments contained in paragraphs one (1) through seventeen (17) are incorporated herein by reference. 19. A complaint may not contain a "catch-all provision" in which a plaintiff attempts to substantiate a claim for negligence on facts not known at the time the complaint was filed. Conner v. Allegheny Hospital, 501 Pa. 306, 461 A.2d 600 (1983). 20. Subparagraphs (f) of paragraphs fourteen (14), twenty (20) and thirty-one (31) state that Defendants were negligent in "operating his motor vehicle in disregard of the rules of the road and the laws of the Commonwealth of Pennsylvania." 21. Plaintiff's Complaint fails to designate which rules of the road were allegedly disregarded by Defendants. 22. This "catch-all" is an improper attempt to substantiate a claim for facts not known at the time the Complaint was filed, and thus must be stricken. 23. Subparagraphs (h) of paragraphs fourteen (14), twenty (20) and thirty-one (31) state that Defendants were negligent in "such other acts or omissions as may be revealed in the course of discovery, or at the trial of this case." 24. This again is a "catch-all" provision and an attempt to substantiate a claim for facts not known at the time the Complaint was filed, and thus must be stricken. WHEREFORE, Defendants, James E. Zeigler, Oglevee, LTD., and Penske Truck Leasing Co., LLP, respectfully request that this Honorable Court SUSTAIN its objections and strike subparagraphs (f) and (h) of paragraphs 14, 20 and 31 from Plaintiff's Complaint, or in the alternative require Plaintiff to plead the aforementioned paragraphs with the required specificity, and such other relief as this Court deems proper. Respectfully submitted, CALDWELL & KEARNS By: y T. McGuire, Esquire Attorney I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Dated: 9/v/,g7 04-599177982 CERTIFICATE OF SERVICE AND NOW, this day of 2004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 CALDWELL & KEARNS Byo ,. ., . _ ? ,; -;? ,? GUY A. ECKERT t/d/a AARON POTTEIGER & SON, Plaintiff V. JAMES E. ZEIGLER, OGLEVEE, LTD., PENSKE TRUCK LEASING CO., LLP., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION -LAW PRAECIPE TO LIST FOR ARGUMENT TO THE PROTHONOTARY: Kindly list the Defendants, James E. Zeigler, Oglevee, Ltd., Penske Truck Leasing Co., LLP's, pending Preliminary Objections in the above-captioned matter for argument on the next available argument court date. Respectfully submitted, Dated: / 1 /2 04-599/81051 CALDWELL & KEARNS By: Je . McGuire, Esquire to ey I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this //"6 day of r-"Ip p?,AZ N -CA004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 CALDWELL & KEARNS By: - l ?r ' +'r GUY A. ECKERT t/d/a AARON POTTEIGER & SON, Plaintiff V. JAMES E. ZEIGLER, OGLEVEE, LTD., PENSKE TRUCK LEASING CO., LLP., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 : CIVIL ACTION - LAW PRAECIPE TO LIST FOR ARGUMENT TO THE PROTHONOTARY: Kindly list the Defendants, James E. Zeigler, Oglevee, Ltd., Penske Truck Leasing Co., LLP's, pending Preliminary Objections in the above-captioned matter for argument on the next available argument court date. Respectfully submitted, Dated: / f /2. 04-599/81051 CALDWELL & KEARNS By: Jo y McGuire, Esquire D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this ?/ day of r-**Ip o.-ka ti '004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 CALDWELL & KEARNS By: ?.,... ?....? ?,.z ?? ?.,'! .. ? , _ q L.3 R'7 r- i ? .? ?..?..? '?? f e e ..? ?-i a (..? ?: ?5 GUY A. ECKERT, t/d/b/a AARON POTTEIGER & SON, Plaintiff VS. JAMES E. ZEIGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS AND NOW COMES the Plaintiff, Guy A. Eckert t/d/b/a Aaron Potteiger & Son, by and through their attorneys, COYNE & COYNE, P.C., and avers the following: 1. Admitted. 2. Admitted. 3. Admitted in part and Denied in part. It is admitted that Plaintiff filed a complaint, which was endorsed with a Notice to Plead. It is denied that the complaint was filed on August 4, 2004. Rather the complaint was prepared and served upon the Defendants and their counsel on July 30, 2004 and forwarded concurrently to the Prothonotary for docketing. (See Exhibit "A", attached). Furthermore, the complaint was docketed on August 2, 2004, not August 4, 2004 as Defendants aver. 4. Admitted. 5. Admitted. 6. Admitted. By way of further response, the document filed was the Ten Day Notice of intent to enter Default Judgment as required by the Rules of Civil Procedure. 1 7. Denied. Defendants' Preliminary Objections are untimely and were filed after the initial 20 days following service of the complaint which was endorsed with a Notice to Plead and more than 10 days after service of the Ten Day Notice of Default Judgment. Furthermore, Plaintiff has filed a Motion to Strike the untimely Preliminary Objections and the Motion to Strike is incorporated herein by reference. 8. No response is required. 9. Admitted. 10. Denied. This is legal argument to which no response is required. If a response is required, then this matter is denied. 11. Admitted. Furthermore, the Complaint speaks for itself. 12. Admitted. Furthermore, the Complaint speaks for itself. 13. Denied. This is legal argument to which no response is required. Furthermore, it is denied that a replacement vehicle capable of the requirements Plaintiff's business was readily available as a replacement vehicle. 14. Denied. It is denied that a vehicle was available to Plaintiff for purposes of snow removal and that such a replacement vehicle was properly equipped to address the requirements of the snow removal projects. Furthermore, it was foreseeable that such a loss of use of a snow plow in the middle of winter would prevent Plaintiff from operating his snow plowing business. 15. Denied. This is a legal conclusion to which no factual averment and response is required. 16. Denied. This is a legal conclusion to which no factual averment and response is required. 2 17. Denied. It is denied that Defendants are unable to properly prepare defense in that the discovery mechanism would permit items to be fully delineated and obtained by the Defendants. Furthermore, Defendants have already commenced discovery which included Interrogatories and Request for Production of Documents upon the Plaintiff. 18. No response is required. 19. Denied. This is legal argument to which no response is required. 20. Admitted. 21. Denied. The rules of the road are contained in the complaint. 22. Denied. This is legal argument to which no response is required. 23. Admitted. 24. Denied. This is a legal argument to which no response is required. WHEREFORE, Plaintiff, Guy A. Eckert, respectfully requests that this Honorable Court Strike the Preliminary Objections as untimely or, in the alternative, dismiss Defendants' Preliminary Objections and Direct Defendants to Answer the Complaint. Respectfully submitted: COYNE & COYNE, P.C. Dated: l x1316 By: .e" F 6?4-? Lisa Marie Coyne d. _ Pa. Supreme Ct. No. 53788 3901 Market St. Camp Hill, PA 17011 (717) 737-0464 Attorneys for Plaintiff 3 i? Henry F. Coyne Lisa Marie Coyne Austin F. Grogan Sharon F. Clark COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 July 30, 2004 Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 Re: Arron L. Potteiger & Son v. Zeigler, et al. No. 03-3823 Civil Term Dear Sir or Madam: Enclose& is an Original and six (6) copies of the Complaint for the above-referenced matter. Kindly docket the original and return to me six "clocked-in" copies with the enclosed envelope. Thank you for your assistance. Very truly yours, COYNE & C?OYNE, P.C. sa arie Coyne LMC/amd Encl. Cc: Mr. Guy Eckert, w/encl. Jeffrey T. McGuire, Esq., w/encl. CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Plaintiff's Answer to Defendants' Preliminary Objections was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Dated: A?"'' r, ao/vo, Lisa Marie Coyne, Esquire a 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff 4 r- 4 F? ; r.1 V 2 , GUY A. ECKERT, t/d/a, AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZIEGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03-3823 CIVIL TERM CIVIL ACTION-LAW Jury Trial Demanded PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY: Please list the within matter for the next Argument Court. 1. State matter to be argued: Motion To Strike Preliminary Objections 2. Identify counsel who will argue case: Lisa Marie Coyne, Esquire for Plaintiff Jeffrey T. McGuire, Esquire for Defendants 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 8, 2004. Respectfully submitted: Dated: i I -- 17 - Q tA COYNE & COYNE, P.C. By: ] sa Marie Coyne, Esq ire ? ]4?? (V 'a. Supreme Ct. No. 5 788 Attorney for Plaintiff I CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Praecipe for Listing for Argument Court was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: &--rj FWO_ Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Dated: /1-/7 Coyne, squire *amp L-0 t Street , PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff 2 k?W i co _ ?...,x Cry ci CV `? GUY A. ECKERT, t/d/b/a AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZEIGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL TERM CIVIL ACTION - LAW MOTION TO STRIKE DEFENDANTS' PRELIMINARY OBJECTIONS TO THE HONORABLE, JUDGES OF SAID COURT: AND NOW COMES the Plaintiff, Guy A. Eckert t/d/b/a Aaron Potteiger & Son, by and through their attorneys, COYNE & COYNE, P.C., and avers the following: 1. On February 11, 2003, a 2000 Ford/17-450 Dump Truck owned by the Plaintiff and operated by Edgar Faircloth was traveling eastbound on Grantham Road, in Upper Allen Township, Cumberland County, Pennsylvania and entered onto U.S. Route 15 by direction of a steady green traffic signal located at the intersection of Grantham Road and U.S. Route 15 in Upper Allen Township, Cumberland County. 2. At the same time, Defendant Ziegler was operating a 2001 International 4900 Truck registered to Defendant Penske Truck Leasing Co., LLP, and driving northbound on Route 15 in Upper Allen Township, Cumberland County when Defendant Ziegler failed to stop his vehicle for a steady red traffic signal at the intersection of Grantham Road and Route 15 and collided broadside with the Plaintiff's vehicle. 1 3. As a result of the violent collision, Plaintiff's vehicle was mangled and destroyed beyond repair and was totally inoperatable and had to be removed by wrecker from the collision site. 4. As a result of the violent collision, various tools of his trade located in the Truck and/or attached to the truck were damaged and destroyed and were no longer available to Plaintiff for use in his excavating and snow removal business and worksites. 5. As a result of the violent collision, Plaintiff was unable to conduct his normal business without the use of his specially out-fitted 2000 Ford/F-450 Dump Truck and Plaintiff had to hire other contractors to complete various contracted jobs and had to rent various equipment and vehicles to complete some jobs. 6. As a result of the violent collision, Plaintiff was unable to conduct his normal snowplowing business without the use of his specially equipped 2000 Ford/F-450 Dump Truck and lost income from snowplowing jobs for which he routinely performed during the winter months. 7. On August 6, 2003, Plaintiff Guy A. Eckert, t/d/b/a Aaron Potteiger & Son initiated a cause of action against the Defendants by Writ of Summons and made service of same upon all Defendants. 8. On July 15, 2004, Defendants Ruled the Plaintiff to file a Complaint. 9. On August 2, 2004, Plaintiff filed of record a Complaint endorsed with a Notice to Plead. 10. On July 30, 2004, a copy of the Complaint was concurrently mailed to the Prothonotary and to Defendants and Defendants' counsel, Jeffrey T. McGuire, Esquire, and a "clocked-in" copy of the same Complaint was also then mailed to Defendants' counsel on August 4, 2004. (See Exhibit A and B attached.) 2 11. Defendants did not file any Preliminary Objections to the Complaint nor did they answer the Complaint within the required twenty (20) days following service of the Complaint. 12. On August 27, 2004, Plaintiff filed a Ten Day Notice of Default. (See Exhibit C attached.) 13. Defendants did not file any pleading within the required Ten Day Period as noticed to the defendants pursuant to the Notice of Intent to Enter Default Judgment. 14. After the ten day period to respond had expired, Defendants filed Preliminary Objections. 15. Defendants' Preliminary Objections are time-barred pursuant to Pa. R.C.P. 1026. WHEREFORE, Plaintiff, Guy A. Eckert, respectfully requests that this Honorable Court strike the Defendants' Preliminary Objections and direct that Defendants Answer the Complaint. Respectfully submitted: Dated: By: 3901 Market St. Camp Hill, PA 17011 (717) 737-0464 Attorneys for Plaintiff COYNE & COYNE, P.C. "-A I V,4?d Li a Marie Coyn ,Esquire . Supreme Ct. o. 53788 3 COYNE & COYNE A PROFESSIONAL CORPORATION - ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street 717-737-0464 Lisa Marie Coyne Camp Hill, Pennsylvania Fax: 717-737-5161 Austin F. Grogan 17011-4227 Sharon F. Clark August 27, 2004 Prothonotary of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Arron L. Pot.eiger & Son v. Zeigler, et al. No. 03-3823 Civil Term Dear Sir or Madam: Enclosed is an Original and two (2) copies of the Ten Day Notice of Intent to File Default Judgment in the above-referenced case. Kindly docket the original and return to me two "clocked-in" copies with the enclosed envelope. Thank you for your assistance. LMC/amd Encl. Cc: Mr. Guy Eckert, w/encl. Jeffrey T. McGuire, Esq., w/encl. Mr. James E. Ziegler, w/encl. Oglevee Ltd., w/encl. Penske Truck Leasing Co., LLP, w/encl. Very truly yours, TS4 & C'OYNE, P.C. / ?v rie Coyn e- z:-x ??`?,.t- J n COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne 3901 Market Street 717-737-0464 Lisa Marie Coyne Camp Hill, Pennsylvania Fax: 717-737-5161 Austin F. Grogan 17011-4227 Sharon F. Clark August 4, 2004 Jeffrey T. McGuire, Esq. Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Re: Arron L. Potte:iger & Son v. Zeigler, et al. No. 03-3823 Civil Term Dear Mr. McGuire: As a follow-up to the Complaint served upon you via my memo, dated July 30, 2004, enclosed are "clocked-in" copies of the Complaint for your use. Additionally, enclosed is a copy of a memo sent to each of your clients on May 12, 2004 concerning any request for them to inspect the vehicle. That memo was sent to each of your clients via certified mail, return receipt requested. None of your clients requested the opportunity to inspect the damaged and destroyed vehicle. I anticipate receipt of your responsive pleading on or before, August 23, 2004. Very truly yours, LMC/amd Encl. Cc: . Mr. Guy Eckert, w/encl. C YNE & COYNE, P.C. M;/,z ?? COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan Sharon F. Clark 3901 Market Street Camp Hill, Pennsylvania 17011-4227 717-737-0464 Fax: 717-737-5161 July 30, 2004 Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 Re: Arron L. Potteiwer & Son v. Zeigler, et al. No. 03-3823 Civil Term Dear Sir or Madam: Enclosed is an Original and six (6) copies of the Complaint for the above-referenced matter. Kindly docket the original and return to me six "clocked-in" copies with the enclosed envelope. Thank you for your assistance. Very truly yours, COYNE & COYNE, P.C. "Y 4sa arie Coyne LMC/amd Encl. Cc: Mr. Guy Eckert, w/encl. Jeffrey T. McGuire, Esq., w/encl. /?J 3 GUY A. ECKERT, t/d/a, AARON POTTEIGER & SON Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03-3823 CIVIL. TERM JAMES E. ZIEGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP : CIVIL, ACTION--LAW Defendants : Jury Trial Demanded TO: Mr. James E. Ziegler 443 Dilliner Dilliner, PA 15327 Penske Truck Leasing Co., LLP Rt. 10 Green Hills Reading, PA, 19603 Oglevee Ltd. 152 Oglevee Lane Connelsville, PA 15425 DATE OF NOTICE: August 27, 2004 Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North :Front Street Harrisburg, PA 17110 IMPORTANT NOTICE' YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Lawyer Referral System 32 S. Bedford Street Carlisle, PA 17013 1-800-990-9108 - Date: August 27, 2004 COYNE & CO , P.C. ItTAA MARIE CO , Esquire O1 Market Stre Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff 1 2 &/? CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Ten Day Notice of Intent to Enter Default Judgment was served this date upon the below- referenced individuals at the below listed address by way of first class mail, postage pre-paid: Mr. James E. Ziegler 443 Dilliner Dilliner, PA 15327 Oglevee Ltd. 152 Oglevee Lane Connelsville, PA 15425 Penske Truck Leasing Co., LLP Rt. 10 Green Hills Reading, PA 19603 Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Dated: ?j L' a arie Coyne, E quire 39 1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff 2 3y3 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: r/ - / -7- ?{ CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Motion to Strike was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid"/-,< . Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Dated: , i -t-7 - o Y Li arie Coyne, E uire 3901 Markel: Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff S"r'? ?:) ii ;? ....? " .1 ?: 1 '"-? 1_9 ?^ l ._ . . lLJ ,? I,_ 1. r_. ?) f`.`7 1 N ?-? GUY A. ECKERT t/d/a AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZEIGLER OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION - LAW NOTICE TO PLEAD To: Guy A. Eckert, t/d/a Aaron Potteiger & Son, and his attorney, Lisa Marie Coyne, Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: b-)- 6 Respectfully submitted, CALDWELL & ]KEARNS By: Jr449. McGuire, Esquire ttorney I.D. No. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 1 GUY A. ECKERT t/d/a IN THE COURT OF COMMON PLEAS AARON POTTEIGER & SON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. NO. 03-3823 JAMES E. ZEIGLER OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants CIVIL ACTION -LAW DEFENDANTS' ANSWER WITH NEW MATTER AND NOW, come the Defendants, James E. Zeigler, Oglevee, Ltd. And Penske Truck Leasing Co., LLP, by their attorneys, Caldwell & Kearns, to answer Plaintiff's Complaint and aver New Matter as follows. 1.- 4. Admitted. 5. Denied as stated. To the contrary, Defendant Penske's correct registered name is Penske Truck Leasing Co., L.P. All other averments in this paragraph are admitted. 6. Admitted. 7. Denied as stated. To the contrary, the truck operated by Defendant Ziegler was registered to Penske Truck Leasing Co., L.P. All other averments in this paragraph are admitted. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that Plaintiffs vehicle was towed from the scene. The remaining averments of this paragraph are denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or 2 accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 10. Denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 11. Denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 12. Denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 3 COUNT NO. I: Guy A. Eckert, t/d/a Aaron Potteiger & Son, Plaintiff v. James E. Ziegler, Defendant 13. The answers to paragraphs 1 through 12 are incorporated herein by reference as if fully set forth. 14. Denied. The averments in subparts (a) through (g) are denied as conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. Subpart (h) was dismissed through Preliminary Objections and is not incorporated into this answer. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 15. Denied. The averments in this paragraph as to negligence and causation are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. The remaining averments of this paragraph are also denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 16. Denied. The averments in this paragraph as to negligence and causation are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. The remaining averments of this paragraph are also denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth 4 or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiff without cost to them but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT NO. II: Guy A. Eckert, d/b/a Aaron Potteiger & Son, Plaintiff v. Oglevee Ltd., Defendant 17. The answers to paragraphs 1 through 16 are incorporated herein by reference as if fully set forth. 18. Admitted. 19. Admitted. 20. Denied. The averments in subparts (a) through (g) are denied as conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. Subpart (h) was dismissed through Preliminary Objections and is not incorporated into this answer. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 21. Denied. The averments in this paragraph as to negligence and causation are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. The remaining averments of this paragraph are also denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth 5 or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the tern "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 22. Denied. The averments in this paragraph as to negligence and causation are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. The remaining averments of this paragraph are also denied. After reasonable investigation, the Defendants are without sufficient :information to determine the truth or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. 23. Denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 24. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiff without cost to them but together with such costs, 6 expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. COUNT NO. III: Guy A. Eckert, t/d/a Aaron Potteiger & Son v. Penske Truck Leasing Co., LLP, Defendant 25. The answers to paragraphs 1 through 24 are incorporated herein by reference as if fully set forth. 26. Denied as stated. To the contrary, the truck operated by Defendant Ziegler was owned by and registered to Defendant Penske Truck Leasing Co., L.P. All other averments in this paragraph are admitted. 27. Denied as stated. To the contrary, the truck operated by Defendant Ziegler was lease by Defendant Oglevee Ltd from Penske Truck Leasing Co., L.P. 28. Denied. It is specifically denied that Defendant Ziegler was an employee, agent or servant of Defendant Penske Truck Leasing Co., L.P. (incorrectly identified as Penske Truck Leasing Co., LLP) 29. Denied. It is specifically denied that Defendant Oglevee Ltd. was an employee, agent or servant of Defendant Penske Truck Leasing Co., L.P. (incorrectly identified as Penske Truck Leasing Co., LLP) 30. Denied. It is specifically denied that Defendant Ziegler was performing services within his scope of employment or agency for Defendant Penske Truck Leasing Co., L.P. (incorrectly identified as Penske Truck Leasing Co., LLP), as no such relationship existed. 31. Admitted in part, denied in part. It is admitted that Defendant Ziegler was an employee, agent and/or servant of Defendant Oglevee Ltd. The averments in subparts (a) 7 through (g) are denied as conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. Subpart (h) was dismissed through Preliminary Objections and is not incorporated into this answer. The remaining averments of this paragraph are also denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintif'f's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 32. Denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 33. Denied. The averments in this paragraph as to negligence and causation are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. The remaining averments of this paragraph are also denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 34. Denied. The averments in this paragraph as to negligence and causation are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. The remaining averments of this paragraph are also denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the remaining averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, it is specifically denied that Defendant Ziegler was an employee, agent or servant of Defendant Penske Truck Leasing Co., L.P. (incorrectly identified as Penske Truck Leasing Co., LLP). 35. Denied. After reasonable investigation, the Defendants are without sufficient information to determine the truth or accuracy of the averments of this paragraph, and the same are hereby denied with strict proof thereof demanded at time of trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. 36. Denied. The averments in this paragraph are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. By way of further answer, Defendants specifically deny Plaintiff's characterization of the collision by use of the term "violent", as Defendants are unable to ascertain the basis for Plaintiff's definition. WHEREFORE, Defendants demand that the Complaint be dismissed and judgment entered in their favor and against the Plaintiff without cost to them but together with such costs, expenses and attorneys fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. 9 NEW MATTER 37. The answers to paragraphs 1 through 36 are incorporated herein by reference as if fully set forth. 38. Plaintiff's claims are barred in whole or in part by provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 39. Plaintiff's claims may be barred in whole or in part by the applicable Statute of Limitations. 40. Plaintiff's injuries pre-existed the motor vehicle accident which is the subject of Plaintiff's Complaint. 41. In accordance with § 1722 of the Pennsylvania Motor Vehicle Financial Responsibility law, Plaintiff is not entitled to recover any sums paid or payable from any group plan or other arrangement from this Defendant. 42. Plaintiff fails to plead whether he was bound by the limited tort or full tort option on the date of the accident, and if limited tort applies, Plaintiff failed to plead an exception to the rule prohibiting recovery of non-economic damages in accordance with 75 Pa. C.S.A. § 1705. 43. Defendants specifically preserve those defenses of contributory/comparative negligence and assumption of risk under Pa. R.C.P. 1030. Dated: By: Respectfully submitted, & KEARNS 10 Je 1V[cGuire, ltq rlyrth I.I>. No. 73617 631 Front Street Harrisburg, PA 17110 (717) 232-7661 VERIFICATION AND NOW comes, Jeffrey T. McGuire, Esquire, who as counsel for the Defendants is authorized to make this Verification on Defendants' behalf. I verify that the information contained in the foregoing document is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. CALDWELL & KEARNS By: ;Jp . M cGuire, Esquire orney I.D. 73617 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Dated: Ja, a + CERTIFICATE OF SERVICE AND NOW, this ? day of , 2,004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4= CALDWELL & KEARNS By: d S)?' 0' U 04-599/82127 11 n ' 1 _ CD ?i p? GUY A. ECKERT, t/d/a, AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZIEGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL TERM CIVIL ACTION--LAW Jury Trial Demanded REPLY TO NEW MATTER AND NOW COMES, the Plaintiff, GUY A. ECKERT t/d/a AARON POTTEIGER & SON, by and through their attorneys, COYNE & COYNE, P.C. and avers the following Reply to Defendants' New Matter: 37. No response required. 38. Denied. The averments of this paragraph are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 39. Denied. The applicable statute of limitation is two years from date of loss which occurred on February 11, 2003. This action was commenced by a Writ of Summons on August 6, 2004, a date well prior to expiration of the applicable statute of limitation. 40. Denied. Plaintiff is not seeking compensation for personal injuries; rather, Plaintiff is seeking compensation for property damages and loss to his business and therefore Defendant's allegation is denied as inapplicable under the facts averred in this civil action with strick proof of same demanded at trial. 1 41. Denied. The averments of this paragraph are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 42. Denied. The averments of this paragraph are conclusions of law to which no responsive pleading is deemed necessary and strict proof thereof is demanded at trial. 43. Denied. It is denied the that the defenses of contributory/comparative negligence and assumption of the risk is applicable given the fact that Defendant Zeigler failed to obey a steady red traffic light and thereby was the sole cause for the collision and loss at issue in this matter. Respectfully submitted: COYNE & COYNE, P.C. Dated: 2 Y .9 ez /d By: w- x isa Marie Coyn , Esquire Pa. Supreme Ct. o. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff 2 VERIFICATION I, Lisa Marie Coyne, am counsel for the Plaintiff and am authorized to make this Verification on Plaintiff's behalf. I verify that the information contained in the foregoing document is true and correct. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. 1 'is Marie Coyn , Esquire CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Reply to New Matter was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Dated: 2 2 S isa arie Coyne, squire 1 Market Stre Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff 4 N c ry G7 C-) -1 ntr- Gry>" tea m ? r' ?^ tD CD - CD Ls .. Q GUY A. ECKERT t/d/a IN THE COURT OF COMMON PLEAS AARON POTTEIGER & SON CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 03-3823 JAMES E. ZEIGLER OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY OF SAID COUNTY: Kindly substitute the attached Verification with regard to Defendants' Answer with New Matter. Respectfully submitted, CALDWELL & KEARNS Dated: / 05 By: Je T. McGuire, Esquire orney I.D. No. 73617 631 North Front Street Harrisburg, PA 17110 (717) 232-7661 VERIFICATION I, Richard Oglevee, of Oglevee, Ltd., verify that the averments in this Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. By: ---- Richard Oglevee Dated: CERTIFICATE OF SERVICE AND NOW, this ?({ day of January, 2005, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 CALDWELL & KEARNS By: ?" cn _ "_ Y•, rTl CD C ?) N '"` GUY A. ECKERT t/d/a AARON POTTEIGER & SON Plaintiff vs. JAMES E. ZEIGLER OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION- LAW MOTION TO COMPEL PLAINTIFF'S ANSWERS TO DEFENDANTS' DISCOVERY REQUESTS AND NOW, come the Defendants, James E. Zeigler, Oglevee, Ltd. and Penske Truck Leasing Co., LLP, by and through their attorneys, CALDWELL & KEARNS, and file the within Motion to Compel Plaintiff to answer, in full, Defendants' Interrogatories and Request for Production of Documents which were served upon the Plaintiff on or about October 28, 2004, and in support thereof avers the following: On or about August 11, 2003, Plaintiff filed a Writ of Summons against Defendants James E. Zeigler, Oglevee, Ltd, and Penske Truck Leasing Co., LLP. 2. On or about August 4, 2004, Plaintiff filed a Complaint against said Defendants. 3. On October 28, 2004, Defendants served Plaintiff with Interrogatories and a Request for Production of Documents. (See Exhibit "A", copy of Interrogatories, and Exhibit "B", copy of Request for Production of Documents) 4. On or about September 9, 2004, Defendants filed Preliminary Objections to Plaintiff's Complaint. 2 12. Accordingly, Defendants are entitled to have their Interrogatories and Request for Production of Documents answered, in full, and the Plaintiff has failed to file timely objections or responses to the same. 13. Counsel for Plaintiff, Lisa Marie Coyne, Esquire, does not concur with the filing of this Motion. WHEREFORE, for all the foregoing reasons, the Defendants respectfully request that this Honorable Court grant the within Motion and compel Plaintiff to answer their discovery requests within ten (10) days of this Honorable Court's Order or suffer the appropriate sanctions. Respectfully submitted, Dated: (? 6 S By: %Mc,Guire, Esquire I.D. No. 73617 3631 North Front Street Harrisburg. PA 17110 (717) 232-7661 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this L!__ day of February, 2005, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 By: 04-599/84643 CALDWELL & KEARNS GUY A. FC'KERT, t/d/b. AARON POTTEIGER & SON, Plaintiff V. JAMES E. ZEIGLER, OGLEVEF, LTD., and PENSKE TRUCK LEASING CO.,LLP., Defendants W THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3323 CIVIL ACTION - LAW DEFENDANTS JAMES E. ZEIGLER, OGLEVEE, LTD., AND PENSKE TRUCK LEASING CO., LLP.'S INTERROGATORIES DIRECTED TO PLAINTIFF- FIRST SET To: Guy A. Eckert t/d/a Aaron Potteiger & Son c/o Lisa Marie Coyne, Esquire 3901 Market Street Cramp Ilill, PA 17011-4227 (717) 737-0464 PLEASE TAKE NOTICE that you are hereby required, pursuant to Pennsylvania Rules of Civil Procedure No. 4001, et sue., to serve upon the undersigned, within thirty (30) days after service of this Notice, your Answers in writing under oath to the following Interrogatories: Introduction: Definitions: The following definitions are applicable to these interrogatories: "Document" means any written, printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data compilations from which information can be obtained. "Identify" or'7dentity" means when used in reference to: (1) A natural person, his or her: (a) full name; and (b) present or last known residence and employment address (including street name and number, city or town, and state or county); (2) A document: (a) its description (e.g. letter, memorandum, report, etc.), title and date; (b) its subject matter; (c) its author's identity, (d) its addressee's identity; (e) its present location; and (I) its custodian's identity (3) An oral communication: (a) its date; (b) the place where it occurred, (e) its substance; (d) the identity of the person who made the communication; (e) the identity of each person to whom such communication was made; and (f) the identity of each person who was present when such communication was made (4) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (c) its present address and telephone number 2 (5) Any other context: a description Nvith sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and documents. "Incident" means the occurrence that forms the basis of a cause of action or claim for relief set forth in the Complaint or similar pleading. "Person" means a natural person, partnership, association, corporation or ,ovemnient agency. Instructions: The following instructions are applicable to these interrogatories: (1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and served upon the undersigned within 30 days of their service on you. Objections must be signed by the attorney making them. In your answers, you must furnish such information as is available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim of privilege. -- With respect to any claim of privilege or immunity from Discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim. (3) Option to produce documents. -- In lieu of identifying documents in response to these interrogatories, you may provide copies of such documents with appropriate references to the corresponding interrogatories. 3 2. Please set forth any other names which you have used, the inclusive dates during which each such name was used and the reason for such usage. ANSWER: Please set forth your present address, any address used by you during the last ten (10) years and the dates on which you utilized each such address. ANSWER: 4. Please set forih your date of birth and the state, county and city of your birth. ANSWER: 7 6. State the names of all spouses with whom you have been married in the past ten (10) years indicating the date and place of cacti marriage, and the date and reason for the termination of each marriage, including the term and number of any divorce action. ANSWER: 9 7. Have you ever been a member of the Armcd Services? If so, state: (a) the branch of the military service in which you served; (b) the highest military rank you obtained; (c) your serial number; (d) the inclusive dates of services; (e) the type of discharge you received; and (f) whether or not you served in combat. ANSWER: 10 State the name and address of each school or other educational institution which yon have attended, listing the dates of attendance and the courses of study. Include on-the-job and any specialized training which you have received. ANSWER: II 9. Have you ever been convicted of a felony or misdemeanor? If so, state. (a) the count and state in which you were convicted; (b) the nature of the felony or misdemeanor of which you were convicted; (c) whether such conviction resulted from a jury verdict, plea of guilty or plea ofnolo contendere, (d) the date of your conviction; (e) the name and address of the tribunal imposing sentence; (f) the title of the cause and case number assigned by said tribunal to your case; (g) the nature of the sentence imposed; and (h) the dates and places of any facility in which you were incarcerated. ANSWER: 12 10. Please identify your current employer and each employer for whom you have worked during the past five years and set forth as to your current employer and each past employer: (a) the identity and legal address of your employer(s); (b) your job title and duties during the course of each such employment; (c) dates of employment; (d) your rate of pay; (e) the number of hours you usually worked each week at each such employment; (f) the name, business and residence address and telephone number of your immediate supervisor at each such employment, and (g) the reason for leaving each past employer. ANSWER: 13 1 1. Have you ever made a claim for personal injuries or property damage under any insurance policy, or against any person, firm or corporation or to any governmental agency? If so, state: (a) the name and address of the person or entity against whom such claim was made; (b) a description of each injury or damage which was the subject of each such claim, (c) the name and address of the tribunal where such claim was filed, the title of the cause, case or claim and the number assigned by the tribunal to such cause, case or claim; (d) the name and address of the insurer affording coverage applicable to said claim and the claim number assigned to said claim; (e) the date and manner in which you suffered the injuries or damage giving rise to such claim; and (f) the date and amount of money paid, if any, to settle or otherwise satisfy said claim. ANSWER: 14 12. Without referring to the Complaint, state in detail the nature of the injury or injuries you allege that you and/or your business suffered as a result of the incident referred to in the Complaint and with respect thereto, and whether you and/or your business suffered restraint of your normally conducted activities due to the damages including the nature of such restraint and the date(s) of such restraint. ANSWER: 15 13. Have you sustained any loss of wages, financial loss or diminution in earning capacity as a result of the incident complained of? If so, describe in detail the nature and amount of such loss or losses. ANSWER: 16 14. Have you ever been involved in a motor vehicle accident other than the incident referred to in the Complaint? If so, provide, for each accident: (a) the date of the accident; (b) the state, county and city, township or borough where the accident occurred, (c) the names and addresses of all operators of other motor vehicles involved in the accident; (d) a description of the accident, (e) the nature of any injuries sustained; (f) the names and addresses of all health care providers who treated you for any injuries, and (g) the identity of the police force that investigated the accident. ANSWER: 17 15. Identify by name and address of owner and by the make, model and year, each vehicle known or believed by you to have been involved, directly or indirectly, in the accident referred to in the Complaint. ANSWER: 18 16. List the names and addresses of all persons known or believed by you or any person acting on your behalf, to have firsthand knowledge of the facts and circumstances of the incident or of the events leading up to or following the incident. ANSWER: 19 17. List the names and addresses of all persons, including potential expert witnesses, from whom you or anyone acting on your behalf has obtained any information and/or statements as to how the incident happened or the cause of the incident. ANSWER: 20 is. State the full name and last known address, giving the street, street number, city and state of every witness known to you, or to your attorneys, or representatives, who claim to have seen or heard any party to this action make any statement or statements pertaining to any of the events or happenings which is the subject of this suit. ANSWER: 21 19. If you intend to call any technicians or experts as witnesses during the trial of this action, please state with respect to each such technician or expert: (a) his name, address, and the professional occupation and field in which he is an expert (you may attach his curriculum vitae); (b) the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion; (c) if the opinion is based upon a medical or scientific rule or principle, or is based upon any code, regulation, standard (governmental or otherwise) or is based upon any scientific, medical or engineering textbook or publication, identify the scientific or medical rule or principle, code or regulation or scientific, medical or engineering textbook or publication; (d) whether any of the experts were compensated for their work and efforts in connection with this action and, if so, state how much the expert is to be paid, whether he has already been paid, and if not, when he will be paid. ANSWER: 22 20. have you ever applied for insurance and/or no-fault benefits as a result of the injuries sustained in this accident'? If so. state: (a) the name and address of the insurance carrier to whom you have applied; (b) the adjuster or claims person handling the file; (c) the applicable claim(s) number, (d) whether any part of your claim has been rejected. ANSWER: 23 21. With respect to any vehicle you owned that was involved in the incident, state: (a) The nature of any damage existing prior to the incident; (b) The identity of any person who performed repairs to the vehicle following the incident; (c) The total amount of the repair bill(s), or if not yet repaired, the total estimated cost of repairing the vehicle or the estimated value of the damages to the vehicle (include the identify of the person furnishing any such estimate); (d) The date and place of last state inspection prior to the incident and identify the person making said inspection; and (e) The nature of any defect in or problem with the vehicle and the length of time such defect or problem existed. ANSWER: 24 22. Please identify, in detail, the alleged losses sustained in the operation ofyonr business which were alleged in paragraphs 16, 22, and 34 ofthe Complaint. ANSWER: 25 23. Please identify, in detail, the alleged losses of income and revenue sustained from your business which were alleged in paragraphs 23, 32, and 35 of the Complaint. ANSWER: 26 24_ Please identify the costs of the replacement vehicle(s) you obtained following the date of the incident, as well as the vehicle(s)' make, model, year, description and for what use it was obtained. ANSWER: 27 25. Please identify the "various tools of the trade" which were allegedly damaged in destroyed as alleged in paragraph 10 of the Complaint, including, but not limited to, the make, model, quantity, costs, fair market value, dates of purchase, condition before and after the incident, and the replacement costs of these items. ANSWER: 28 26. Please identify by name, address and phone number, the other contractors who were hired to complete various contracted jobs following the incident, as alleged in paragraph l I of the Complaint, including, but not limited to, the names, addresses and phone numbers of these contractors, the amount paid to these contractors, the nature of the work performed, the location of the job site, and the amount of profit lost as the result of hiring these contractors. ANSWER: 29 27. Please identify the various equipment and vehicles you were required to rent to complete some jobs following the incident, as alleged in paragraph I I of the Complaint, including, but not limited to, an itemized list of the equipment and vehicles, the cost of these items, the term of the rentals and any incidental costs alleged. ANSWER: Respectfully submitted, CALDWELL & KEARNS By: fre . Me wire, Esquire Attorney I.D. No. 73617 Douglas L. Cassel, Esquire Attorney I.D. No. 92895 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants Dated: 61/0 C rf 04-599180358 30 CERTIFICATE OF SERVICE AND NOW, this rj day of 2004, 1 hereby certify that 1 have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-0464 CALDWELL & KEARNS By: 31 GUY A. ECKER"f, t/d/b. AARON POT'FE1GER & SON, Plaintiff JAMES E. ZEIGLER, OGLEVEE, LTD., and PENSKE TRUCK LEASING CO.,LLP., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION - LAW DEFENDANTS JAMES E. ZEIGLER, OGLEVEE, LTD., AND PENSKE TRUCK LEASING CO. LLP.'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF- FIRST SET To: Guy A. Eckert t/d/a Aaron Potteiger & Son c/o Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 PLEASE TAKE NOTICE THAT PURSUANT TO Pa. R.C.P. 4009, you are required to furnish at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials enumerated below concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. This request should be deemed continuing, and any response should be supplemented upon receipt of additional information. The entire contents of any investigation file(s) and any other documentary material in your possession which support or relate to the allegations in Plaintiff's Complaint (excluding references to mental impressions. conclusions or opinions representing strategy or tactics and privileged communications from and to counsel). 2. Any and all statements concerning the action, as defined by Rule 4003.4, from all witnesses including any statements from the parties herein, or their respective agents, servants or employees. 3. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 4. Reports of any and all experts who will testify at trial. 5. All documents, not responsive to any of the above requests, which relate in any way to any claimed injuries, losses or damages. 6. All documents or exhibits which you intend to offer at the trial of this matter. 7. Any and all photographs of the vehicle and accident scene which is the subject of this litigation. 8. Any and all documents corresponding and supporting the answers provided in your reply to Defendants' Interrogatories Directed to Plaintiff- First Set. 9. Any and all documents regarding the vehicle involved in the incident, including but not limited to, title, proof of insurance, past work performed on the vehicle, subsequent work performed on the vehicle and any documents regarding the sale of the vehicle after the incident. 10. Any and all documents supporting your alleged losses sustained in the operation of your business. 11. Any and all documents supporting your alleged losses of income and revenue from your business. 2 12. Any and all documents regarding the replacement vehicles obtained, Hicluding, but not limited to their cost, make, model, year, description and where you obtained these vehicles. 13. Any all documents regarding the "various tools of the trade" which were allegedly damaged and destroyed as alleged in paragraph 10 of the Complaint, including, but not limited to, the make, model, quantity, costs, fair market value, dates of purchase, condition before and after the incident, and the replacement costs of these items. 14. Any and all documents regarding the contractors hired by Plaintiff to complete various contracted jobs following the incident, including, but not limited to, their name, address, phone number, receipts of payment and any other documents supporting this contention. 15. Any and all documents regarding the "various equipment and vehicles" you were required to rent to complete some jobs following the incident, including, but not limited to, receipts and descriptions of the equipment and vehicles. Respectfully submitted, CALDWELL & KEARNS sy:_ J rey . McG/eEq uir e Attorney I.D. No. 73617 Douglas L. Cassel, Esquire Attorney I.D. No. 92895 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants Dated: l .? k U e( 04-5 99804 1 7 3 CERTIFICATE OF SERVICE AND NOW, this ?I day of 2004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-0464 CALDWELL & KEARNS By: 4 CALDWELL & KEARNS A PROFESSIONAL CORPORATION JAMES R. CLIPPINGER ATTORNEYS AT LAW OF COUNSEL CHARLES J. DEHART. III RICHARD L. KEARNS JAMES D. CAMPBELL. JR. CARL G. WASS JAMES L. GOLDSMITH 3631 NORTH FRONT STREET P. DANIEL ALTLAND HARRISBURG, PENNSYLVANIA 17110-1533 THOMAS D. CALDWELL. JR. JEFFREY T. Mc GUIRE• (192 8-2 0011 STANLEY J. A. LASKOW SKI DOUGLAS K. MARSICO BRETT M. WOODBURN RAY J. MICHALOWSKI DOUGLAS L. CASSEL 'ALSO A MEMBER OF NJ BAR January 7, 2005 717-232-7661 FAK'. 717-232-2766 Lisa Marie Coyne, Esquire thefirm@c idwellkeems.com 3901 Market Street Camp Hill, PA 17011-4227 Re: Guy A. Eckert t/d/a/ Aaron Potteigher & Son vs. James E. Zeigler, et at. Dear Lisa: At the argument on December 81h, you said I would have your discovery responses by the end of the week. To date, I still do not have your discovery responses. I know you are busy, but this is getting ridiculous. Please forward your discovery responses immediately, or I will rile a motion to compel. Further, I still would like to know whether you are willing to dismiss Penske from this matter. I am also willing to discuss stipulating to the negligence of Mr. Zeigler and that Mr. Zeigler was acting in the course and scope of his duties at the time of the accident. I believe all of these things would simplify the case and we can move forward. Please contact me with any questions. Very truly yours, Jeffrey T. McGuire CALDWELL & KEARNS JTM:dlj cc: Gail Ruth, Sr. Claims Representative (A0300215-GLR) Mary Ann Scheneman, Litigation Claims Examiner Penske Truck Leasing Co. (File No. 0254-0001-03) 04-599/83102 GUY A. ECKERT, t/d/a, AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZIEGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 03-3823 CIVIL TERM : CIVIL ACTION-LAW : Jury Trial Demanded ANSWER TO RULE TO SHOW CAUSE AND NOW COMES, the Plaintiff, GUY A. ECKERT t/d/a AARON POTTEIGER & SON, by and through their attorneys, COYNE & COYNE, P.C. and avers the following Answer to Rule to Show Cause: 1. to 7. Admitted. 8. Denied. As of the writing and filing of this Answer, discovery has been provided to counsel. 9. to 11. Admitted. 12. Admitted. 13. No response required. Respectfully submitted: COYNE & COYNE, P.C. Dated: F- Z Z -v S'- By: L Z/17_ ?a Marie Co e, Esquire ,,'Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Answer to Rule to Show was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Dated: - Z 2 - n{ 72 / C/ sa Marie Coyne,?Fsquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff 2 t?? (') ` ? ?1 C., 7 r3 _J{ ? 1 ti; ??? ?j ? r- -ro ?_ r,`f?) `1 `7 .(' .? .--- GUY A. ECKERT, t/d/b/a AARON POTTEIGER & SON, Plaintiff V. JAMES E. ZEIGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3823 CIVIL TERM ORDER OF COURT AND NOW, this 2'd day of March, 2005, upon consideration of Defendants' Motion To Compel Plaintiff's Answers to Defendants' Discovery Requests, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Xi'Sa Marie Coyne, Esq. 3901 Market Street Camp Hill, PA 17011 Attorney for Plaintiff ,,effrey T. McGuire, Esq. 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendants &M ?07 a3 :rc BY THE COURT, /i?t .. ?_ }31 .. ?????.._:? '=. ... .? ??. ? t. '. GUY A. ECKERT, t/d/b/a AARON POTTEIGER & SON, Plaintiff VS. JAMES E. ZEIGLER, OGLEVEE LTD., and PENSKE TRUCK LEASING CO., LLP, Defendants : IN THE COURT OF COMMON PLEA OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE 1, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy Answers to Interrogatories and Plaintiff s Reply to Request for Production of Documents date upon the below-referenced individuals at the below listed address by way of first class pre-paid: Jeffrey T. McGuire, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 & COYNE, P.C. Dated: 3 /JjL 5' Lis arie Coyne, EAuire 1 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorneys for Plaintiff 2 served this postage ?,.? ?i ? K? r ? .ri _ ??- ? S? T .n ?. rJ ;^4• _ =ri J; ?° K.? 1'j S ?s? .'C; ?- ' ; p ?- ? C.J GUY A. ECKERT t/d/a AARON POTTEIGER & SON Plaintiff VS. JAMES E. ZEIGLER OGLEVEE, LTD. PENSKE TRUCK LEASING CO., LLP Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3823 CIVIL ACTION - LAW PRAECIPE TO WITHDRAW MOTION TO COMPEL PLAINTIFF'S ANSWERS TO DEFENDANTS' DISCOVERY REQUESTS TO THE PROTHONOTARY OF SAID COURT: Please withdraw Defendants' Motion to Compel Plaintiff s Answers to Defendants Discovery Requests with regard to the above-captioned action. Respectfully submitted, CALDWELL & KEARNS e e). McGuire, Esquire omey ID. No. 73617 631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Dated: `7I l? 6f d`51' CERTIFICATE OF SERVICE AND NOW, this of day of April, 2005, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: The Honorable J. Wesley Oler, Jr. Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Lisa Marie Coyne, Esquire 3901 Market Street Camp Hill, PA 17011-4227 CALDWELL & KEARNS By: ^ ?.. 04-599186909 r ' ' ? s? ? ? ` _ti ? ?: ? -w ?? '? ,.f :. ?r." Curtis R. Long Prothonotary office of the Protbonotarp Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor o:? - 3823 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573