Loading...
HomeMy WebLinkAbout07-5693KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 (610) 275-2000 GREYHOUND LINES, INC. IN THE COURT OF COMMON PLEAS OF 15110 North Dallas Parkway CUMBERLAND COUNTY, Dallas, TX 75248 PENNSYLVANIA vs. Civil Action JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC. 920 Jefferson Street Hoboken, NJ 07030 NO. I-7 - 5- lo 13 &1 `E e,"' PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Issue a Writ of Summons in Civil Action in the above case. Date: PAUL C. TROY, ESQUIRE J/ Attorney for Plaintiff Kane, Pugh, Knoell, Troy & Kramer LLP 510 Swede Street Norristown, PA 19401 (610) 275-2000 C D -- - ;; o? KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 610 275-2000 GREYHOUND LINES, INC. 15110 North Dallas Parkway = Dallas, TX 75248 vs. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 - And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action NO. 6 1- _j-6 9 3 cited I -e-r" WRIT OF SUMMONS TO: John Doe Administrator of the Estate of William S Mowry Mowry's Hauling d/b/a Mowry's Trucking Comyany PDC Di sal C2MPM. Inc. You are hereby notified that Greyhound Lines Inc. has commenced action against you. Date: Se zµ?Qr? J66 -7 Prothonotary BY: L4?l - - Ytbeputy] Seal of the Court i KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street Norristown, PA 19401 (610) 275-2000 ATTORNEY FOR PLAINTIFF GREYHOUND LINES, INC. VS. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY And PDC DISPOSAL COMPANY, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action No. 07-5693 AFFIDAVIT OF SERVICE I, PAUL C. TROY, ESQUIRE, do hereby certify that a time-stamped copy of the Writ of Summons in the captioned matter was served via Certified Mail-Return Receipt Requested, upon the following party on 10/31/07. Attached is a true and correct copy of the signed Return Receipt Card dated 10/31/07. NAME: PDC Disposal Company, Inc. ADDRESS: 109-113 Jacobus Avenue, Kearny, NJ 07032 DATE: G KANE GH KNOELL TROY & IG AMER, LLP BY: PAUL C. TROY, F ATTORNEY FOR I N T O i j of 0 C3 w i I ?! w' 1 0. to p w to J .oFr o ' tV '3m is SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05693 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREYHOUND LINES INC VS DOE JOHN ADMIN ESTATE OF WILLI 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: DOE JOHN ADMIN ESTATE OF WILLIAM S MOWRY but was unable to locate Him deputized the sheriff of BEDFORD in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On October 23rd , 2007 , this office was in receipt of the attached return from BEDFORD Sheriff's Costs: So answerp;z Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli e Dep Bedford Co 48.05 Sheriff of Cumberland County Postage .92 85. 97 ? !/l pr/off , 10/23/2007 KANE PUGH KNOELL TROY KRAMER Sworn and subscribe to before me this day of A. D. 1 t t SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-05693 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREYHOUND LINES INC VS DOE JOHN ADMIN ESTATE OF WILLI R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent sear and inquiry ch and for the within named DEFENDANT to wit: MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY but was unable to locate Them in his bailiwick. deputized the sheriff of BEDFORD He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS 7= --- -_ =? ? z.jrct 2007 this office was in receipt of the attached return from BEDFORD Sheriff's Costs: Docketing So answers. /- Out of County 6.00 Surcharge • 0 0 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 _16.00 ? ? ?ilor?o? 10/23/2007 KANE PUGH KNOELL TROY KRAMER Sworn and subscribe to before me this day of A.D. ' a In The Court of Common Pleas of Cumberland County, Pennsylvania Greyhound Lines Inc vs. John Doe, et al SERVE; Mowry's Hauling d/b/a Mowry's Trucking Company No. 07=5693 civil NOW October 8, 2007 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bedford County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 20-0q, at J : I o'clock M. served the within 1 at by handing to a , fnla I COPY of the original and made known to the contents thereof. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Cynthia J. Kendall, Notary Public fiord T • Bedford County MY Commission Expires July IA 200,9 Member, Pennsylvania Association of Notaries SWOrn an subscribed before me this day Of LLtbp 20-7 So answers, ???Cou , PA COSTS SERVICE $ MILEAGE AFFIDAVIT 1K In The Court of Common Pleas of Cumberland County, Pennsylvania Greyhound Lines Inc vs. John Doe, et al SERVE: John Doe , administrator of the estate of William S. Mowry Now October 8, 2007 No. 07=5693 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Belford County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, ?20 , at 1 ' 1 - o'clock M. served the within \--I I )h IJ upon at by handing to copy of the original _ and made known to the contents thereof. So answers, COMMONWEALTH OF PENNSYLVAN?q Notarial Seal Cynthia J. Kendall, Notary public Bedford Twp, Bedfo MY Commission rd County Member, Pres July 12, 2009 ennsYlvania Association of Sworn and subscribed before Notaries me this day of 20 I County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT . w 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., ase No.: 07-5693 Plaintiff Vs. i John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a MoVvey's Trucking Company and PDC Disposal Company, Inc., Defendants OF Y TRIAL DEMANDED TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry ' s Hauling d/b/a Mowry 's Trucking Company pursuant to Pa.R.C.P. 1012(a). Respectfully submitted, LAW OFFICE OF SNYDER & DORER JoAnne . Kinze , Esquire Attorney for Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry' s Hauling d/b/a Mowry' s Trucking Company Identification No. 55453 N Date: November 21, 2007 r--a Nil } :z ;"ri iY ?' 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOwRY's HAULING D/B/A MOWRY's TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., ase No.: 07-5693 Plaintiff VS. John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants TRIAL DEMANDED b . N s.. TE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company herein, and that she caused a true and correct copy of the attached Entry of Appearance to be served by regular first class mail upon: Paul C. Troy, Esquire Kane, Pugh, Knoell, Troy & Kramer, LLP 510 Swede Street Norristown, PA 19401 Date: November 21, 2007 ?v JoAnne'E: ,Esquire Attorney for ' efendants, John Doe, AdministratSr of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company " ^ C 3 n -zn -r? 1w , 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., ase No.: 07-5693 Plaintiff vs. John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants FOR RULE TO Y TRIAL DEMANDED I TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a Complaint within 20 days hereof or suffer the entry of a Judgment of Non Pros. JoAnne inzel, Esquire Date: November 21, 2007 Attorney 46r Defendants RULE TO FILE COMPLAINT AND NOW, this VA day of k)2Mmbpr- , 2007 a RULE is hereby entered upon the Plaintiff to file a Complaint herein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. /" P. ?m ,ia t' ARY 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY AND MOWRY's HAULING D/B/A MOWRY's TRUCKING COMPANY Greyhound Lines, Inc., Plaintiff VS. John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants TE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company herein, and that she caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Paul C. Troy, Esquire - Kane, Pugh, Knoell, Troy & Kramer, LLP 510 Swede Street Norristown, PA 19401 Date: November 21, 2007 JoAnne E fiM, Esquire Attorney W Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA lCase No.: 07-5693 .Y TRIAL DEMANDED ?v ?:•- N `'_ % gym: - Mi J KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 (.610) 275-2000 GREYHOUND LINES, INC. IN THE COURT OF COMMON PLEAS OF 15110 North Dallas Parkway CUMBERLAND COUNTY, Dallas, TX 75248 PENNSYLVANIA Vs. Civil Action JOHN DOE, ADMINISTRATOR OF THE NO. 07-5693 ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 1013 1-800-990-9108 717-249-3166 KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 (610) 275-2000 GREYHOUND LINES, INC. 15110 North Dallas Parkway Dallas, TX 75248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 Civil Action NO. 07-5693 CIVIL COMPLAINT 1. Plaintiff, Greyhound Lines, Inc., is a corporation engaged in the business of a common carrier and for the purpose of said business did own various buses, which are operated on the streets and highways of Pennsylvania. 2. Defendant, John Doe, Administrator of the Estate of William S. Mowry, is an adult individual and is believed to reside at 548 S. Imler Valley Road, Osterburg, PA 16667. 3. Defendant, Mowry's Hauling d/b/a Mowry's Trucking Company is a corporation or other business entity created and existing under the laws of the Commonwealth of Pennsylvania with an address for acceptance of service at 548 S. Imler Valley Road, Osterburg, PA 16667. 4. Defendant, PDC Disposal Company, Inc., is a corporation or other business entity with an office for acceptance of service at 920 Jefferson Street, Hoboken, NJ 07030. PDC Disposal Company, Inc. regularly conducts business in the Commonwealth of Pennsylvania. 5. At all times relevant hereto, William S. Mowry was acting within the course and scope of his employment with Defendant Mowry's Hauling d/b/a Mowry's Trucking Company. 6. At all times relevant hereto, William S. Mowry was acting within the course and scope of his employment with Defendant PDC Disposal Company, Inc. 7. On or about September 29, 2005, at or about 11:45 p.m., a bus, owned by Plaintiff, Greyhound Lines, Inc. became disabled and was pulled off the road safely on the Pennsylvania Turnpike westbound at mile marker 207, in Carlisle, Pennsylvania. A truck from the Pennsylvania Department of Transportation Emergency Unit, which was at the scene to assist the disabled Greyhound bus, was parked approximately 75 feet behind the bus on the shoulder of the mad. On the back of the Penn DOT truck was a large, illuminated, flashing arrow, indicating to oncoming traffic to stay left. 8. On or about September 30, 2005, at or about 5:50 a.m., a truck driven by William S. Mowry and owned by Mowry Hauling d/b/a Mowry's Trucking Company, lost control suddenly and without warning went off the road and violently struck the disabled bus, causing the Greyhound bus to sustain major damage. As a result of the accident, William S. Mowry died. 9. At the time of the accident, William S. Mowry was hauling and disposing of trash, on behalf of PDC Disposal Company, Inc, from PDC Disposal Company's location in New Jersey into Pennsylvania. 10. This accident resulted solely from the negligence of the Defendants herein, both joint and severally, and was due in no manner whatsoever to any act or failure to act on behalf on the part of the Plaintiff. 11. As a direct and proximate result of the aforesaid negligence of the Defendants herein, the Plaintiff has suffered damages including but not limited to property damage and repair costs of at least $157,000 and loss of use damages of at least $209,000. COUNTI GREYHOUND LINES, INC. V. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 12. The Plaintiff, Greyhound Lines, Inc., incorporates herein by reference thereto, paragraphs one through eleven, as though the same were set forth herein at length. 13. The negligence, carelessness and recklessness of Defendant Jobn Doe, Administrator of the Estate of William S. Mowry, as a result of the actions of William S. Mowry consisted, inter alia, of the following: (a) Operating vehicle in a negligent, careless and/or reckless manner without regard for the rights and safety of others; (b) Failing to have the vehicle under proper and adequate control; (c) Failing to operate vehicle at a speed which would allow it to stop within the assured clear distance; (d) Operating vehicle at a dangerous and excessive rate of speed under the circumstances; (e) Disregarding traffic lanes, patterns or devices; (f) Failing to keep an adequate distance from vehicles in the vicinity of defendant's vehicle; (g) Failing to remain continually alert while operating said vehicle; (h) Failing to perceive the highly apparent danger to others which the actions and/or inactions posed; (i) Failing to exercise ordinary care to avoid the collision with Plaintiffs bus; 6) Failing to be highly vigilant and maintain sufficient control of the vehicle; (k) Failing to inspect defendant's vehicle or to maintain defendant's vehicle in a safe and non-defective condition; (1) Failing to operate vehicle in compliance with the applicable laws, ordinances and statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of motor vehicle; (m) Striking the Plaintiffs vehicle; and (n) Being otherwise careless, reckless and negligent under the circumstances. 14. As a result of this accident and the Defendant's negligence, the Plaintiff suffered property damage, repair costs and loss of use costs for the bus. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendant in an amount in excess of the mandatory arbitration limits, plus interest, costs and attorneys fees. COUNT U GREYHOUND LINES, INC. V. MOWRY'S HAULING d/b/a MOWRY'S TRUCIONNG COMPANY 15. The PlaintifL Greyhound Lines, Inc., incorporates herein by reference thereto, paragraphs one through fourteen, as though the same were set forth herein at length. 16. At all relevant times hereto, William S. Mowry was acting in the course and scope of his employment with Defendant Mowry's Hauling d/b/a Mowry's Trucking Company, under the control of Mowry's Hauling d/b/a Mowry's Trucking Company, and in furtherance of business interests of Mowry's Hauling d/b/a Mowry's Trucking Company. 17. Defendant Mowry's Hauling d/b/a Mowry's Trucking Company is vicariously liable for the negligence of William S. Mowry. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendant in an amount in excess of the mandatory arbitration limits, plus interest, costs and attorneys fees. COUNT III GREYHOUND LINES. INC. V. PDC DISPOSAL COMPANY. INC. 18. The Plaintiff, Greyhound Lines, Inc., incorporates herein by reference thereto, paragraphs one through seventeen, as though the same were set forth herein at length. 19. At all relevant times hereto, William S. Mowry was acting in the course and scope of his employment with Defendant PDC Disposal Company, Inc., under the control of Defendant PDC Disposal Company Inc., and in furtherance of business interests of PDC Disposal Company Inc. 20. Defendant PDC Disposal Company, Inc. is vicariously liable for the negligence of William S. Mowry. 21. Furthermore, Defendant PDC Disposal Company, Inc. negligently entrusted William Mowry to properly haul and dispose of their cargo in an acceptable fashion. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendant in an amount in excess of the mandatory arbitration limits, plus interest, costs and attorneys fees By: PUG H, KNOELL, TROY & KRAMER, LLP PAUL C. TROY, ESI Attorney for Plaintiff Dec-27-2007 12:05am From-HANE PUGH +610-275-2019 T-757 P.003I009 F-259 VERIOWA_TION I, Chuck Hellyer, state under the penalties of 18 Pa. C.S. Section 4904 (relating to unswom falsification to authorities) that I am a Defendant in the within action; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, infonnation and belief_ Chuck Hellyer (C tom) KANE, PUGH, KNOELL, TROY & KRAM ER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAIN'T'IFF Norristown, PA 19401 (610) 275-2000 GREYHOUND LINES, INC. IN THE COURT OF COMMON PLEAS OF 15110 North Dallas Parkway CUMBERLAND COUNTY, Dallas, TX 75248 PENNSYLVANIA VS. Civil Action JOHN DOE, ADMINISTRATOR OF THE NO. 07-5693 ESTATE OF WILLIAM S. MOWRY 548 S. haler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 CERTIFICATE OF SERVICE I, Paul C. Troy, Esquire, certify that on this date a true and correct copy of the foregoing Complaint was served on all counsel of record via U.S. First Class Mail, postage prepaid, and on all unrepresented parties via Certified Mail, return receipt requested, as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 DATE: ?z 2 PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 E, UGH, OELI., TROY & IGIAMER, LLP $AUL C. TROY, ESt Attorney for Plaintiff C7 rJ i'71 r ? cz°t co r=- rr, r? 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOWRY's HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff vs. URY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS JOHN DOE9 ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY AND MOWRY's HAULING D/B/A MOWRY'S TRUCKING COMPANY The within Preliminary Objections pursuant to Pa.R.C.P. §1028(a)(1)(2) and (4) are filed on behalf of named Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company. 1. On September 30, 2005, William S. Mowry was involved in a motor vehicle accident with a Greyhound bus owned by Plaintiff. On that same date and as a result of said accident, William S. Mowry became deceased. 2. On September 28, 2007, Plaintiff filed a Writ of Summons naming as defendants John Doe, Administrator of the Estate of William S. Mowry, and Mowry's Hauling d/b/a Mowry's Trucking Company. 3. On or about December 28, 2007, and pursuant to a Rule to File Complaint, Plaintiff filed its Complaint to recover the damages to its bus, alleging that "John Doe, Administrator of the Estate of William S. Mowry, is an adult individual and is believed to reside at 548 S. Imler Valley Road, Osterburg, PA 16667." (See Complaint, para. 2) 4. The Complaint also alleges that "Defendant, Mowry's Hauling d/b/a Mowry's Trucking Company is a corporation or other business entity created and existing under the laws of the Commonwealth of Pennsylvania with an address for acceptance of service at 548 S. Imler Valley Road, Osterburg, PA 16667", that the truck in question was owned by said business entity, and that decedent William S. Mowry was acting within the course and scope of his employment with said business entity at the time of the accident. (See Complaint, paras. 3, 5, 8) 5. Pursuant to an affidavits attested to by decedent William S. Mowry's widow and her personal attorney, an estate has never been established for William S. Mowry. (See Exhibits "A" and "B" attached hereto.) Furthermore, there is no corporation or other business entity called Mowry's Hauling d/b/a Mowry's Trucking Company created and existing under the laws of the Commonwealth of Pennsylvania with an address for acceptance of service at 548 S. Imler Valley Road, Osterburg, PA 16667. On the contrary, decedent was an independent trucker who owned and operated a single tractor trailer under his own name, and not as a corporation or other business entity. (See Exhibit "A".) 6. The law in Pennsylvania is well settled that an action at law requires a person or entity which has the right to bring the action, and a person or entity against which the action can be maintained. Thompson v. Peck, 320 Pa. 27, 181 A. 597, 598 (1935). 7. All actions that survive a decedent must be brought by or against the personal representative of the decedent. McGuire v. Erie Lackawanna Railway Company, 385 A.2d 466 (Pa.Super 1978). A decedent's estate cannot be a party to a litigation unless a personal representative exists. Thompson v. Peck, 181 A.2d 597 (1935). 9. In an action against a decedent's estate, if a personal representative has not been appointed, a Plaintiff must take affirmative steps to secure the appointment of an administrator prior to the running of the Statute of Limitations or his cause of action will be lost. Marzella v. King, 389 A.2d 659, 661-662 (Pa.Super 1978). 10. In the instant case, Plaintiff took no steps to secure the appointment of an administrator to decedent's estate, but merely named a fictitious "John Doe" as the purported administrator of an non-existent estate. 11. A fictitious person is not a person or entity against which an action can be maintained. 12. In addition, Plaintiff's Complaint against Mowry's Hauling d/b/a Mowry's Trucking Company similarly fails to name a legal entity against which an action can be maintained since there is no corporation, partnership or other business entity pursuant to which decedent was operating a trucking business. 13. Pa.R.C.P. 1028(a) provides that any party may file preliminary objections to any pleading on the grounds of lack of jurisdiction over the person of the Defendant, improper service of a Writ of Summons or Complaint, or failure of a pleading to conform to law or rule of Court. Pa.R.C.P. 1028(a)(1), (2). 14. By filing a Writ of Summons against a fictitious representative of a non-existent estate and a non-existent business entity, and thereafter attempting to serve said Writ of Summons at decedent's former residence, Plaintiff clearly violates the requirement that an action must be brought against a real person or legal entity and cannot be brought against a decedent's estate unless a personal representative exists. 14. Furthermore, since the named defendants do not exist, service of process upon them could not have been effected. 16. Pursuant to Pa.R.C.P. 1028 (a), Plaintiff's action fails to conform to law, was invalidly served, provides the Court with no jurisdiction over the named (non-existent) Defendants, and should be stricken. WHEREFORE, the Complaint against John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company should be stricken. Respectfully submitted, LAW OFFICE OF SNYDER & DORER By: JoAnne inzel, Esquire Identific on No. 55453 Attorney for Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company Date: ??? ?j -L\D runs 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff VS. FURY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants VIT 1. The undersigned, Lulubelle M. Mowry, is the widow of decedent, William S. Mowry, who was involved in the motor vehicle accident described in Plaintiff s Complaint. 2. At the time of the accident, William S. and Lulubelle M. Mowery resided at 548 South Imler Valley Road, Osterburg, Pennsylvania 19044. 3. At the time of the accident, William S. Mowery, who also resided at 548 South Imler Valley Road, Osterburg, Pennsylvania 19044, was the owner of a 2000 Freightliner truck which he used to provide hauling services for a fee. This was a single person operation which he conducted under his own name. 4. William S. Mowry did not own, operate or otherwise provide services under the name of Mowry's Hauling d/b/a Mowry's Trucking Company as alleged in Plaintiff's Complaint. There was no corporation or other business entity by that name that was owned, in whole or in part, or operated by William S. Mowry Since his passing, no Estate has been raised for William S. Mowry. t Date: Sworn to and Subscribed Before me this '74 day of APyi f _ , 2008. Public NOTARIAL SEAL Susan J. Nagle, Notary Public Hollidaysburg, Blair County, PA My Commission Expires May 29,2011 ..r' ALL-STATE LEGAL 8002220510 107HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff VS. JURY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants NIT 1. The undersigned, Kathy J. Mauk, Esquire is personal counsel to Lulubelle M. Mowry, the widow of William S. Mowry. My office for the practice of law is located at 401 Allegheny Street, Hollidaysburg, PA 16648. 2. William S. Mowry became deceased on September 30, 2005 as a result of a motor vehicle accident. 3. No Estate has been raised for decedent, William S. Mowry. Date: d ?U?A.a/ L Kathy J. Ma 2, s e Sworn to and Suburibed Before me this day of t ( . 20/0,8. NOTARIAL SEAL Susan J. Nagle, Nobly Public Hollidaysburg, Blair County, PA My Commission Expires May 29,2011 Notary Public ,,,,...,_,,...?._ ? ? :, r,?.. rw.. ., 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE $03 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff vs. JURY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company herein, and that she caused a true and correct copy of the attached Preliminary Objections to be served by regular first class mail upon: Paul C. Troy, Esquire Kane, Pugh, Knoell, Troy & Kramer, LLP 510 Swede Street Norristown, PA 19401 Date: April 10, 2008 JoAnn E. KiYzel, Esquire Attorn y for Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company _ -n . ? `' ..?'? ? -rt ?' t i ;?? ? ? s ? ? ? ? ? ? ? ?'' = r" ?? .' NOTICE TO PLEAD TO. All Parties You are hereby notified to file a written ZsF onse to the Preliminary Objections within twe ty (20) days from service hereof or a ,5?kvgainst you. judg ent be enter KANE, PUGH, KNOELL, TROY & KRAMER LLP V BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 (610) 275-2000 GREYHOUND LINES, INC. 15110 North Dallas Parkway Dallas, TX 75248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 Civil Action NO. 07-5693 PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANTS' PRELIMINARY OBJECTIONS 1. On or about September 28, 2007, plaintiff filed a Writ of Summons naming as defendants John Doe, Administrator of the Estate of William S. Mowry, and Mowry's Hauling d/b/a Mowry's Trucking Company. 2. On or about December 28, 2007, plaintiff filed as Complaint in civil action against the defendants. A true and correct copy of the Complaint is attached hereto as Exhibit "A". 3. The Complaint was served upon the defendants on December 28, 2007. A true and correct copy of the Certificate of Service attached hereto as Exhibit "B". 4. On April 11, 2008, the defendants filed Preliminary Objections to Plaintiff's Complaint. A copy of the preliminary objections is attached hereto as Exhibit "C". 5. The Pennsylvania Rules of Civil Procedure provide inter alia, the following: (a) ...., every pleading subsequent to the complaint shall be filed within twenty (20) days after the service of the preceding pleading but no pleading need be filed unless the preceding pleading contains a notice to defend or is endorsed with a notice to plead. See; Pa.R.Civ.P 1026. 6. Defendants' Preliminary Objections fail to conform to law or rule of court because they were not timely filed within twenty (20) days of the service of the complaint. Therefore, defendants' preliminary objections should be dismissed. WHEREFORE, Plaintiff's preliminarily objects to Defendants' preliminary objections, and respectfully requests this Honorable Court to enter the attached Order. Respectfully submitted, KANE, PUGH, KNOELL, TROY & KRAMER, LLP 2°l d By: Date: UL C. TROY, ESQUIRE Attorney for Plaintiff VERIFICATION I, PAUL C. TROY, ESQUIRE, state under the penalties of 18 Pa. C.S. § 4904 (relating to unworn falsification to authorities) that I am the attorney of record for the Plaintiff in the within action; that as such, I am authorized to take this verification; and that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief EXHIBIT "A" (r KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 610 275-2000 GREYHOUND LINES, INC. 15110 North Dallas Parkway Dallas, TX 75248 vs. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Inmler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • n o Civil Action c ° -n -T. 07-5693 NO . l , X21 ru CJ 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 AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 1013 1-800-990-9108 717-249-3166 KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 (610) 275-2000 GREYHOUND LINES, INC. 15110 North Dallas Parkway Dallas, TX 75248 vs. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 And MOWRY' S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action NO. 07-5693 CIVIL COMPLAINT 1. Plaintiff, Greyhound Lines, Inc., is a corporation engaged in the business of a common carrier and for the purpose of said business did own various buses, which are operated on the streets and highways of Pennsylvania 2. Defendant, John Doe, Administrator of the Estate of William S. Mowry, is an adult individual and is believed to reside at 548 S. Imler Valley Road, Osterburg, PA 16667. i 3. Defendant, Mowry's Hauling d/b/a Mowry's Trucking Company is a corporation or other business entity created and existing under the laws of the Commonwealth of Pennsylvania with an address for acceptance of service at 548 S. Imler Valley Road, Osterburg, PA 16667. I E 4. Defendant, PDC Disposal Company, Inc., is a corporation or other business entity with an office for acceptance of service at 920 Jefferson Street, Hoboken, NJ 07030. PDC Disposal Company, Inc. regularly conducts business in the Commonwealth of Pennsylvania. 5. At all times relevant hereto, William S. Mowry was acting within the course and scope of his employment with Defendant Mowry's Hauling d/b/a Mowry's Trucking Company. 6. At all times relevant hereto, William S. Mowry was acting within the course and scope of his employment with Defendant PDC Disposal Company, Inc. 7. On or about September 29, 2005, at or about 11:45 p.m., a bus, owned by Plaintiff, Greyhound Lines, Inc. became disabled and was pulled off the mad safely on the Pennsylvania Turnpike westbound at mile marker 207, in Carlisle, Pennsylvania. A truck from the Pennsylvania Department of Transportation Emergency Unit, which was at the scene to assist the disabled Greyhound bus, was parked approximately 75 feet behind the bus on the shoulder of the mad. On the back of the Penn DOT truck was a large, illuminated, flashing arrow, indicating to oncoming traffic to stay left. 8. On or about September 30, 2005, at or about 5:50 am., a truck driven by William S. Mowry and owned by Mowry Hauling d/b/a Mowry's Trucking Company, lost control suddenly and without warning went off the road and violently struck the disabled bus, causing the Greyhound bus to sustain major damage. As a result of the accident, William S. Mowry died. 9. At the time of the accident, William S. Mowry was hauling and disposing of trash, on behalf of PDC Disposal Company, Inc, from PDC Disposal Company's location in New Jersey into Pennsylvania. 10. This accident resulted solely from the negligence of the Defendants herein, both joint and severally, and was due in no manner whatsoever to any act or failure to act on behalf on the part of the Plaintiff. 11. As a direct and proximate result of the aforesaid negligence of the Defendants herein, the Plaintiff has suffered damages including but not limited to property damage and repair costs of at least $157,000 and loss of use damages of at least $209,000. ?F COUNT 1 E GREYHOUND LINES. INC. V. JOHN DOE. ADMM*4STRATOR OF THE ESTATE OF WILLIAM S. MOWRY 12. The Plaintiff, Greyhound Lines, Inc., incorporates herein by reference thereto, paragraphs one through eleven, as though the same were set forth herein at length. 13. The negligence, carelessness and recklessness of Defendant John Doe, Administrator of the Estate of William S. Mowry, as a result of the actions of William S. Mowry consisted, inter alia, of the following: (a) Operating vehicle in a negligent, careless and/or reckless manner without regard for the rights and safety of others; (b) Failing to have the vehicle under proper and adequate control; (c) Failing to operate vehicle at a speed which would allow it to stop within the assured clear distance; (d) Operating vehicle at a dangerous and excessive rate of speed under the circumstances; (e) Disregarding traffic lanes, patterns or devices; (f) Failing to keep an adequate distance from vehicles in the vicinity of defendant's vehicle; (g) Failing to remain continually alert while operating said vehicle; (h) Failing to perceive the highly apparent danger to others which the actions and/or inactions posed; (1) Failing to exercise ordinary care to avoid the collision with Plaintiff's bus; 0) Failing to be highly vigilant and maintain sufficient control of the vehicle; (k) Failing to inspect defendant's vehicle or to maintain defendant's vehicle in a safe and non-defective condition; (1) Failing to operate vehicle in compliance with the applicable laws, ordinances and statutes of the Commonwealth of Pennsylvania pertaining to the operation and control of motor vehicle; (m) Striking the Plaintiffs vehicle; and (n) Being otherwise careless, reckless and negligent under the circumstances. 14. As a result of this accident and the Defendant's negligence, the Plaintiff suffered property damage, repair costs and loss of use costs for the bus. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendant in an amount in excess of the mandatory arbitration limits, plus interest, costs and attorneys fees. COUNT H GREYHOUND LINES, INC. V. MOWRY'S HAULING d/b/a MOWRY'S TRUCIENG COMPANY 15. The Plaintiff, Greyhound Lines, Inc., incorporates herein by reference thereto, paragraphs one through fourteen, as though the same were set forth herein at length. 16. At all relevant times hereto, William S. Mowry was acting in the course and scope of his employment with Defendant Mowry's Hauling d/b/a Mowry's Trucking Company, under the control of Mowry's Hauling d/b/a Mowry's Trucking Company, and in furtherance of business interests of Mowry's Hauling d/b/a Mowry's Trucking Company. IT Defendant Mowry's Hauling d/b/a Mowry's Trucking Company is vicariously liable for the negligence of William S. Mowry. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendant in an amount in excess of the mandatory arbitration limits, plus interest, costs and attorneys fees. COUNT III GREYHOUND LINES, INC. V. PDC DISPOSAL COMPANY, INC. 18. The Plaintiff, Greyhound Lines, Inc., incorporates herein by reference thereto, paragraphs one through seventeen, as though the same were set forth herein at length. F 19. At all relevant times hereto, William S. Mowry was acting in the course and scope of his employment with Defendant PDC Disposal Company, Inc., under the control of Defendant PDC Disposal Company Inc., and in furtherance of business interests of PDC Disposal Company Inc. II 20. Defendant PDC Disposal Company, Inc. is vicariously liable for the negligence of William S. Mowry. 21. Furthermore, Defendant PDC Disposal Company, Inc. negligently entrusted William Mowry to properly haul and dispose of their cargo in an acceptable fashion. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against Defendant in an amount in excess of the mandatory arbitration limits, plus interest, costs and attorneys fees. KANF,,..PUGH, KNOELL, TROY & KRAMER, LLP B Y• PAUL C. TROY, ESQUJRI? Attorney for Plaintiff VE -CATION I, Chuck Hellyer, sate under the penalties of 18 Pa. C.S. Section 4904 (relating to unworn falsification to authorities) that I am a Defendant in the within action; and that the facts set forth ul the foregoing document are true and correct to the best of my knowledge, information and belief. Chuck Hellyer (C LV5) EXHIBIT "B" KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAIN'ITFF Norristown., PA 19401 (610) 275-2000 GREYHOUND LINES, INC. 15110 North Dallas Parkway Dallas, TX 75248 VS. JOHN DOE, ADM NISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action NO. 07-5693 CERTIFICATE OF SERVICE I, Paul C. Troy, Esquire, certify that on this date a true and correct copy of the foregoing Complaint was served on all counsel of record via U.S. First Class Mail, postage prepaid, and on all unrepresented parties via Certified Mail, return receipt requested, as follows: JoAnne E. Kinzel, Esquire Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 DATE: PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 KANE, UGH, OELL, TROY & KRAMER, LLP By ' I AUL C. TROY, ESQ Attorney for Plaintiff EXHIBIT "C" 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWR1 AND MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., (Case No.: 07-5693 Plaintiff Vs. John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants Y TRIAL DEMANDED OF-BURT AND NOW, the day of , 2008, upon consideration of the Preliminary Objections of Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company, the Preliminary Objections hereby granted, and Plaintiff's Complaint is hereby stricken. BY THE COURT: 07UB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NuN-IBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWR AND cMOWRY's HAULING D/B/A MOWRY's TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., ase No.: 07-5693 Plaintiff vs. URY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants ELIMINARY BJECTIONS OF DEFENDANTS OHN E, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY AND MOWRY's HAULING D/B/A MOWRY's TRUCKING COMPANY The within Preliminary Objections pursuant to Pa.R.C.P. § 1028(a)(1)(2) and (4) are filed on behalf of named Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company. On September 30, 2005, William S. Mowry was involved in a motor vehicle accident with a Greyhound bus owned by Plaintiff. On that same date and as a result of said accident, William S. Mowry became deceased. 2. On September 28, 2007, Plaintiff filed a Writ of Summons naming as defendants John Doe, Administrator of the Estate of William S. Mowry, and Mowry's Hauling d/b/a Mowry's Trucking Company. 3. On or about December 28. 2007. and pursuant to a Rule to File Complaint. Plaintiff filed its Complaint to recover the damages to its bus, alleging that "John Doe, Administrator of the Estate of William S. Mowry, is an adult individual and is believed to reside at 548 S. Imler Valley Road, Osterburg, PA 16667." (See Complaint, para. 2) 4. The Complaint also alleges that "Defendant, Mowry's Hauling d/b/a Mowry's Trucking Company is a corporation or other business entity created and existing under the laws of the Commonwealth of Pennsylvania with an address for acceptance of service at 548 S. Imler Valley Road, Osterburg, PA 16667", that the truck in question was owned by said business entity, and that decedent William S. Mowry was acting within the course and scope of his employment with said business entity at the time of the accident. (See Complaint, paras. 3, 5, 8) 5. Pursuant to an affidavits attested to by decedent William S. Mowry's widow and her personal attorney, an estate has never been established for William S. Mowry. (See Exhibits "A" and "B" attached hereto.) Furthermore, there is no corporation or other business entity called Mowry's Hauling d/b/a Mowry's Trucking Company created and existing under the laws of the Commonwealth of Pennsylvania with an address for acceptance of service at 548 S. Imler Valley Road, Osterburg, PA 16667. On the contrary, decedent was an independent trucker who owned and operated a single tractor trailer under his own name, and not as a corporation or other business entity. (See Exhibit "A".) 6. The law in Pennsylvania is well settled that an action at law requires a person or entity which has the right to bring the action, and a person or entity against which the action can be maintained. Thompson v. Peck, 320 Pa. 27, 181 A. 597, 598 (1935). All actions that survive a decedent must be brought by or against the personal representative of the decedent. McGuire v. Erie Lackawanna Railway Company, 385 A.2d 466 (Pa.Super 1978). 8. A decedent's estate cannot be a party to a litigation unless a personal representative exists. Thompson v. Peck, 181 A.2d 597 (1935). 9. In an action against a decedent's estate, if a personal representative has not been appointed, a Plaintiff must take affirmative steps to secure the appointment of an administrator prior to the running of the Statute of Limitations or his cause of action will be lost. Marzella v. King, 389 A.2d 659, 661-662 (Pa.Super 1978). 10. In the instant case, Plaintiff took no steps to secure the appointment of an administrator to decedent's estate, but merely named a fictitious "John Doe" as the purported administrator of an non-existent estate. 11. A fictitious person is not a person or entity against which an action can be maintained. 12. In addition, Plaintiff's Complaint against Mowry's Hauling d/b/a Mowry's Trucking Company similarly fails to name a legal entity against which an action can be maintained since there is no corporation, partnership or other business entity pursuant to which decedent was operating a trucking business. 13. Pa.R.C.P. 1028(a) provides that any party may file preliminary objections to any pleading on the grounds of lack of jurisdiction over the person of the Defendant, improper service of a Writ of Summons or Complaint, or failure of a pleading to conform to law or rule of Court. Pa.R.C.P. 1028(a)(1), (2). 14. By filing a Writ of Summons against a fictitious representative of a non-existent estate and a non-existent business entity, and thereafter attempting to serve said Writ of Summons at decedent's former residence, Plaintiff clearly violates the requirement that an action must be brought against a real person or legal entity and cannot be brought against a decedent's estate unless a personal representative exists. 14. Furthermore. since the named defendants do not exist. service of process upon them could not have been effected. 16. Pursuant to Pa.R.C.P. 1028 (a), Plaintiff's action fails to conform to law, was invalidly served, provides the Court with no jurisdiction over the named (non-existent) Defendants, and should be stricken. WHEREFORE, the Complaint against John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company should be stricken. Respectfully submitted, LAW OFFICE OF SNYDER & DORER C'\ By: JoAnne T.inzel, Esquire IdentifiNo. 55453 Attorney for Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company Date: Exhibit A 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS; JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOwRY's HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff vs. JURY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants VIT 1. The undersigned, Lulubelle M. Mowry, is the widow of decedent, William S. Mowry, who was involved in the motor vehicle accident described in Plaintiffs Complaint. 2. At the time of the accident, William S. and Lulubelle M. Mowery resided at 548 South Imler Valley Road, Osterburg, Pennsylvania 19044. 3. At the time of the accident, William S. Mowery, who also resided at 548 South Imler Valley Road, Osterburg, Pennsylvania 19044, was the owner of a 2000 Freightliner truck which he used to provide hauling services for a fee. This was a single person operation which he conducted under his own name. 4. William S. Mowry did not own, operate or otherwise provide services under the name of Mowry's Hauling d/b/a Mowry's Trucking Company as alleged in Plaintiff s Complaint. There was no corporation or other business entity by that name that was owned, in whole or in part, or operated by William S. Mowry Since his passing, no Estate has been raised for William S. Mowry. Date: Swom to and Subscribed Before me this 94 day of Q DV ,l 1 .2008. ry Public NOTARIAL SEAL Susan J. Nagle, Notary Public Hollidaysburg, Blair County, PA My commission Expires May 29,2011 Exhibit B 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWR1 AND MOWRY'S HAULING D/B/A MOWRY's TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff vs. Y TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants VIT 1. The undersigned, Kathy J. Mauk, Esquire is personal counsel to Lulubelle M. Mowry, the widow of William S. Mowry. My office for the practice of law is located at 401 Allegheny Street, Hollidaysburg, PA 16648. 2. William S. Mowry became deceased on September 30, 2005 as a result of a motor vehicle accident. 3. No Estate has been raised for decedent, William S. Mowry. Date: 12 ilwzw /L Kathy J. Ma s ire Sworn to and Sub$cribed Before me this day of , 20/08. r l d.4 " 1l iY"-, NOTARIAL SEAL Susan J. Nagle, Notary Public Hollidaysburg, Blair County, PA My Commission Expire May 29,2011 Notary Public 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NumBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff vs. URY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants CATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company herein, and that she caused a true and correct copy of the attached Preliminary Objections to be served by regular first class mail upon: Paul C. Troy, Esquire Kane, Pugh, Knoell, Troy & Kramer, LLP 510 Swede Street Norristown, PA 19401 Date: April 10, 2008 JoAnn E. Ki zel, Esquire Attom y for Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 (610) 275-2000 GREYHOUND LINES, INC. 15110 North Dallas Parkway Dallas, TX 75248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 Civil Action NO. 07-5693 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. STATEMENT OF FACTS This case arises out of an accident between a truck that was operated by William S. Mowry and a Greyhound bus on September 29, 2005. On or about September 29, 2005, at or about 11:45 p.m., a bus, owned by Plaintiff, Greyhound Lines, Inc. became disabled and was pulled off the road safely on the Pennsylvania Turnpike westbound at mile marker 207, in Carlisle, Pennsylvania. A truck from the Pennsylvania Department of Transportation Emergency Unit, which was at the scene to assist the disabled Greyhound bus, was parked approximately 75 feet behind the bus on the shoulder of the road. On the back of the Penn DOT truck was a large, illuminated, flashing arrow, indicating to oncoming traffic to stay left. On or about September 30, 2005, at or about 5:50 a.m., a truck driven by William S. Mowry and owned by Mowry Hauling d/b/a Mowry's Trucking Company, lost control suddenly and without warning went off the road and violently struck the disabled bus, causing the Greyhound bus to sustain major damage. As a result of the accident, William S. Mowry died. On or about September 28, 2007, plaintiff filed a Writ of Summons naming as defendants John Doe, Administrator of the Estate of William S. Mowry, and Mowry's Hauling d/b/a Mowry's Trucking Company. On or about December 28, 2007, plaintiff filed a Complaint in civil action against the defendants. On April 11, 2008, the defendants filed Preliminary Objections to Plaintiff's Complaint. In excess of twenty (20) days elapsed between service of the Complaint on the defendant and the filing of the preliminary objections by the defendant. Defendants' preliminary objections fail to conform to law or rule of court because they were not timely filed within twenty (20) days of the service of the complaint. II. QUESTION PRESENTED 1. Should this Honorable Court dismiss the preliminary objections of the Defendants because they failed to file the preliminary objections in a timely manner? Suggested Answer: Yes III. LEGAL ARGUMENT Pennsylvania Rules of Civil Procedure allow a party to file Preliminary Objections in response to any pleading. See Pa. R.C.P. 1028. Pursuant to Pennsylvania Rule of Civil Procedure 1026(a), "every pleading subsequent to the complaint shall be filed within twenty (20) days after the service of the preceding pleading but no pleading need be filed unless the preceding pleading contains a notice to defend or is endorsed with a notice to Plead." See Pa. R. C.P. 1026(a). In the instant action, Plaintiff served the Defendants on December 28, 2007. Defendants did not file their preliminary objections until April 11, 2008. Defendants' preliminary objections fail to conform to law or rule of court because they were not timely filed within twenty (20) days of the service of the complaint. Therefore, defendants' preliminary objections should be dismissed. WHEREFORE, plaintiff respectfully requests that this Honorable Court enter an Order dismissing defendants' preliminary objections. Respectfully submitted, KANE, PUGH, KNOELL, TROY & KRAMER, LLP Date: By: AUL C. TROY, ESQUIRE Attorney for Plaintiff KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 (610) 275-2000 GREYHOUND LINES, INC. 15110 North Dallas Parkway Dallas, TX 75248 vs. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action NO. 07-5693 CERTIFICATE OF SERVICE I, Paul C. Troy, certify that a true and correct copy of Plaintiffs Preliminary Objections to Defendants' Preliminary Objections to Plaintiffs Complaint was served on all counsel of record and unrepresented parties via U.S. First Class Mail, postage prepaid, as follows: JoAnne E. Kinzel, Esquire PDC DISPOSAL COMPANY, INC Law Office of Snyder & Dorer 920 Jefferson Street 214 Senate Avenue, Suite 503 Hoboken, NJ 07030 Camp Hill, PA 17011 DATE: H, nKNOELL, TROY & KRAMER, LLP II ? ? By: AUL C. TROY, ESi Ittornev for Plaintiff C? ? C? 71 i C.:.? A 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOWRY's HAULING D/B/A MOWRY's TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff vs. JURY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants ANSWER TO PLAINTIFF'S PRELIMINARY OBJECTIONS TO THE PRELIMINARY OBJECTIONS FILED ON BEHALF OF JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY AND MOWRY's HAULING D/B/A MOWRY'S TRUCKING COMPANY 1. In response to paragraph 1 of Plaintiff's Preliminary Objections, it is admitted the Writ of Summons was filed on September 28, 2007. 2. In response to paragraph 2 of Plaintiff's Preliminary Objections, it is admitted Plaintiff's Complaint was not filed until four months later, to wit December 28, 2007, and only after a Rule to File Complaint was served upon Plaintiff. 3. It is admitted that the Complaint was served upon counsel for Defendants on or about December 28, 2007 and was received on December 29, 2007. Al. 4. In response to paragraph 4 of Plaintiff's Preliminary Objections, it is admitted Defendant's Preliminary Objections to the Complaint were filed on April 11, 2008. 5. The allegations in paragraph 5 of Plaintiff's Preliminary Objections are admitted with the clarification that the proviso in Pa.R.C.P. § 1026 that "every pleading subsequent to the Complaint shall be filed within twenty (20) days after service of the preceding pleading" has been interpreted liberally and is permissive rather than mandatory. The party objecting to a late filing must allege and show prejudice resulting from the late filing. Gale v. Mercy Catholic Medical Center Eastwick, Inc., Fitzgerald Mercy Div., 698 A.2d 647 (Pa.Super 1997), appeal denied. 716 A.2d 1249 (Pa. 1998); Weaver v. Martin, 655 A.2d 180 (Pa.Super 1995). 6. The late filing of Defendant's Preliminary Objections, which were filed less than two and a half months after their due date, was due to the difficulty in obtaining the necessary information from the widow of Mr. Mowry, whose husband was killed in the subject accident. Mrs. Mowry continues to be highly emotionally distraught over the loss of her husband, making contact over the holidays regarding the accident and his death both unreasonable and insensitive. Because of her lack of involvement in her husband's business, there was some additional delay in getting information concerning the status of that business and the nature of the business entity, all of which had to be funneled through Ms. Mowery's personal counsel. Under the circumstances, counsel for the alleged Defendants (neither of whom actually exists) submits that the minor delay was neither excessive nor unreasonable. 7. Plaintiff's Preliminary Objections to the late filing of Defendant's Preliminary Objections fail to allege, as they are required to do, any prejudice to the Plaintiff resulting from the late filing and should, therefore, be dismissed. Peters Creek Sanitary Authority v. Welch, 681 A.2d 167 (Pa. 1996). WHEREFORE, Plaintiff's Preliminary Objections to Defendant's Preliminary should be denied. Respectfully submitted, LAW O.EFICE OF SNYDER & DORER By: JoAnn E. Kinze , Esquire Identif tion No. 55453 Attorney for Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company Date: 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. AND MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff vs. URY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company herein, and that she caused a true and correct copy of the attached Answer to Plaintiff's Preliminary Objections to the Preliminary Objections filed on Behalf of John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauline d/b/a Mowry's Trucking Company to be served by regular first class mail upon: Paul C. Troy, Esquire Kane, Pugh, Knoell, Troy & Kramer, LLP 510 Swede Street Norristown, PA 19401 Date: May 15, 2008 VK / JoAnne E. nze7, Esquire Attorney f efendants, John Doe, Administr r of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) ----------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Greyhound Lines, Inc., Plaintiff vs. John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., No. 5693 2007 Term Defendants 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendants, John Doe, Administrator of the Estate of Williams S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Co AND Plaintiff's Preliminary Objections to a en an s re nary Objections 2. Identify all counsel who will argue cases: (a) for plaintiffs: Paul C. Troy, Esquire, Kane, Pugh, Knoell, Troy & Kramer, LLP (Name and Address) 510 Swede Street, Norristown, PA 19401 (b) for defendants: JoAnne E. Kinzel, Esquire, Snyder & Dorer (Name and Address) 214 Senate Avenue, Suite 503, Camp Hill, PA 17011 3. 1 will notify all parties in writing within two days that this case has been listed for argument. Yes. 4. Argument Court Date: 9. 2008 JoAnne E. Kinzel, Esquire Print your name Defendants, John Doe, Admin. of the Estate William S. Mowry and Mowry's Hauling d/b/a Attorney for Mowry's Trucking Company Date: tray 19. 2008 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. 07HB-00143 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANTS, JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S.NIOWR1 AND MOWRY'S HAULING D/B/A MOWRY'S TRUCKING COMPANY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Greyhound Lines, Inc., Case No.: 07-5693 Plaintiff vs. JURY TRIAL DEMANDED John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company and PDC Disposal Company, Inc., Defendants CERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company herein, and that she caused a true and correct copy of the attached Praecipe for Listing Case for Argument to be served by regular first class mail upon: Paul C. Troy, Esquire Kane, Pugh, Knoell, Troy & Kramer, LLP 510 Swede Street Norristown, PA 19401 Date: May 19, 2008 JoAnne inze, Esquire Attorney,f r Defendants, John Doe, Administrator of the Estate of William S. Mowry and Mowry's Hauling d/b/a Mowry's Trucking Company KANE, PUGH, KNOELL, TROY & KRAMER LLP BY: PAUL C. TROY, ESQUIRE Attorney I.D. No. 60875 510 Swede Street ATTORNEY FOR PLAINTIFF Norristown, PA 19401 (610) 275-2000 GREYHOUND LINES, INC. 15110 North Dallas Parkway Dallas, TX 75248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN DOE, ADMINISTRATOR OF THE ESTATE OF WILLIAM S. MOWRY 548 S. Imler Valley Road Osterburg, PA 16667 And MOWRY'S HAULING d/b/a MOWRY'S TRUCKING COMPANY 548 S. Imler Valley Road Osterburg, PA 16667 And PDC DISPOSAL COMPANY, INC 920 Jefferson Street Hoboken, NJ 07030 Civil Action No. 0-7-5 .0 (?3 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter "Discontinued" and "Ended", upon payment of your costs, only. DATE: A me . u. D me PPAIOL C. TROY, ESQUIRE Attorney for Plaintiff Greyhound Lines, Inc. t,a f G, ? ?.? ?? _F ? 1 ?? ,