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HomeMy WebLinkAbout08-0244 MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 Attorneys for Plaintiff SCRANTON PA 18503 XTL Transport, Inc. (570) 342-4231 XTL TRANSPORT, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. CIVIL ACTION - LAW JOHN ERIC VOGT 31sao ??..}}5.e piemq%mr Dri ve , Apt to C? 'Deifendant 011 FILE NO. CA - agg Civil Term PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO: Prothonotary of Cumberland County Kindly issue a Writ of Summons against the above named Defendant, John Eric Vogt. Respectfully submitted, Mark T. Sh idan, Esq. Attorney for Plaintiff XTL Transport, Inc. L C-D ?o F ? "- W Lu D , 0 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas XTL Transport, Inc. Plaintiff Vs. No 08-244 John Eric Vogt 3520 September Drive, Apt. 6 Camp Hill, PA 17011 In CivilAction-Law Defendant To John Eric Vogt, You are hereby notified that XTL Transport, Inc. the Plaintiff(s) 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) C is R. othotry Date 1/14/07 By Deputy Attorney: MARK T. SHERIDAN, ESQUIRE Name: Address: MARGOLIS EDELSTEIN 220 PENN AVENUE, SUITE 305 SCRANTON, PA 18503 Attorney for: Plaintiff Telephone: 570-342-4231 Supreme Court ID No. 92712 MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 SCRANTON PA 18503 (570) 342-4231 Attorneys for Plaintiff XTL Transport, Inc. XTL TRANSPORT, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, , vs. , CIVIL ACTION - LAW JOHN ERIC VOGT Defendant. FILE NO. 08-244 Civil Term PRAECIPE TO REISSUE WRIT OF SUMMONS TO: Prothonotary of Cumberland County Kindly reissue the Writ of Summons upon the Defendant, John Eric Vogt, the original Writ having been issued by the Prothonotary on January 14, 2008. Kindly forward the reissued Writ directly to the undersigned counsel for purpose of effectuating same upon Defendant, John Eric Vogt. Respectfully submitted, Mark T. Sher' an, Esq. Attorney for Plaintiff XTL Transport, Inc. 4 . ? COPY MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 SCRANTON PA 18503 (570) 342-4231 Attorneys for Plaintiff XTL Transport, Inc. XTL TRANSPORT, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. , CIVIL ACTION - LAW JOHN ERIC VOGT Defendant. FILE NO. tj$ -ayy Civil lerw? PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO: Prothonotary of Cumberland County Kindly issue a Writ of Summons against the above named Defendant, John Eric Vogt. Respectfully submitted, e. ? Mark T. Sh jdan, Esq. Attorney for Plaintiff XTL Transport, Inc. c -, C -n c!( 0 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas XTL Transport, Inc. Plaintiff Vs. No 08-244 John Eric Vogt 3520 September Drive, Apt. 6 Camp Hill, PA 17011 In CivilAction-Law Defendant To John Eric Vogt, You are hereby notified that XTL Transport, Inc. the Plaintiff(s) 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) Curtis R. Long, Pro of Date 1/14107 By Deputy Attorney: MARK T. SHERIDAN, ESQUIRE Name: Address: MARGOLIS EDELSTEIN 220 PENN AVENUE, SUITE 305 SCRANTON, PA 18503 Attorney for: Plaintiff Telephone: 570-342-4231 Supreme Court ID No. 92712 +n TAE COP'S FROM RECORD ft" whereof, ! here unto set my hanc end the so of said cwrt at CarNele, Pa. N SHERIFF'S RETURN - NOT FOUND CASE. NO: 2008-00244 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND XTL TRANSPORT INC VS VOGT JOHN ERIC R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VOGT JOHN ERIC but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT VOGT JOHN ERIC 3520 SEPTEMBER DRIVE APT 6 CAMP HILL, PA 17011 DEFENDANT NO LONGER LIVES THERE. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 18.00 14.40 5.00 R. hqs Kline 10.00 Sheriff of Cumberland County .00 47.40 MARGOLIS EDELSTEIN 02/05/2008 Sworn and Subscribed to before me this day of A. D. n 'Tt SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00244 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND XTL TRANSPORT INC VS VOGT JOHN ERIC R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VOGT JOHN ERIC but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as to the within named DEFENDANT 3520 SEPTEMBER DRIVE APT 6 VOGT JOHN ERIC CAMP HILL, PA 17011 DEFENDANT NO LONGER LIVES THERE. Sheriff's Costs: Docketing 18.00 Service 14.40 Not Found 5.00 Surcharge 10.00 a/o??or .00 47.40 So answers: R. he as Kline Sheriff of Cumberland County MARGOLIS EDELSTEIN 02/05/2008 Sworn and Subscribed to before me this day of A. D. MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 SCRANTON PA 18503 (570) 342-4231 XTL TRANSPORT, INC. Plaintiff, VS. JOHN ERIC VOGT Defendant. CIVIL ACTION - LAW FILE NO. 08-244 Civil Term PRAECIPE TO REISSUE WRIT OF SUMMONS TO: Prothonotary of Cumberland County Kindly reissue a Writ of Summons upon the Defendant, John Eric Vogt, the original Writ having been issued by the Prothonotary on January 14, 2008 and reissued on February 11, 2008. Kindly forward the reissued Writ directly to the undersigned counsel for purpose of effectuating service of same upon Defendant, John Eric Vogt. Respectfully submitted, Attorneys for Plaintiff XTL Transport, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Mark . Sheridan, Esq. Attorney for Plaintiff XTL Transport, Inc. N C 5 0 - i1 O W N m ? -G 1 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas XTL Transport, Inc. Plaintiff Vs. No 08-244 John Eric Vogt 3520 September Drive, Apt. 6 Camp Hill, PA 17011 In CivilAction-Law Defendant To John Eric Vogt, You are hereby notified that XTL Transport, Inc. the Plaintiff(s) 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) - Cu is R. Long, Pro of Date 1/14/07 By Deputy Attorney: MARK T. SHERIDAN, ESQUIRE Name: Address: MARGOLIS EDELSTEIN 220 PENN AVENUE, SUITE 305 SCRANTON, PA 18503 Attorney for: Plaintiff Telephone: 570-342-4231 Supreme Court ID No. 92712 i? OWE COPY FROM RECORD y whereot,l herb unto Set nay hanc OW the so 01 said cwft at Cath*, Pa. rv otoog rro REINSTATE CA09421ft-, ?-. PROTHONOTA P, SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-00244 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND XTL TRANSPORT INC VS VOGT JOHN ERIC R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: VOGT JOHN ERIC but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT SERVED , as to the within named DEFENDANT VOGT JOHN ERIC 219 SOUTH 19TH STREET CAMP HILL, PA 17011 SERVICE STOPPED, PER FAX FROM ATTORNEY. Sheriff's Costs: So answers--.-77:-y-- Docketing 18.00 Service 14.40 Affidavit .00 R. Thomas 'line Surcharge 10.00 Sheriff of Cu erland County J J n 00 -/-72 40 MARGOLIS EDELSTEIN 03/07/2008 Sworn and Subscribed to before me this day of A.D. ' w 4 Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas XTL Transport, Inc. Plaintiff Vs. No 08-244 John Eric Vogt 219 South 19th Street Camp Hill, PA 17011 Defendant In CivilAction-Law To John Eric Vogt, You are hereby notified that XTL Transport, Inc. the Plaintiff(s) 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) C is R. Long, Pro of Date 1/14/07 By Deputy Attorney: MARK T. SHERIDAN, ESQUIRE Name: Address: MARGOLIS EDELSTEIN 220 PENN AVENUE, SUITE 305 SCRANTON, PA 18503 Attorney for: Plaintiff Telephone: 570-342-4231 Supreme Court ID No. 92712 JEINSTAr, E E w of SIJA.cAto,? ?. PROTi- ONOTA P,, , ?n COP'S FROM RECORD " "&W' 1 here UMO yet My hand Of 3W Curt at cartme, pa. N 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff vs. John Eric Vogt, Defendant No.. 08-244 Civil Term ACTION - LAW FOR RULE TO TO THE PROTHONOTARY: Please enter a RULE upon Plaintiff to file a entry of a Judgment of Non Pros. Date: April 14, 2008 JoAflm Attorney for D days hereof or suffer , Esquire RULE TO FILE COMPLAINT AND NOW, this 15't" day of Aori , 2008 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. Y c- ?' :_ ? +-? ,,.?"Ca?? ?. "Cs ...? -?' ' ? t ?_ t7 ?,=f-, r -?; :-, f,1i ,_ -? j r- ' ?,: - : ?? ? . ?1 ? ? 108HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff vs. John Eric Vogt, Defendant TO THE PROTHONOTARY: No.: 08-244 Civil Term ACTION - LAW Y OF Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, John Eric Vogt. Respectfully submitted, LAW OFFICE OF SNYDER & DORER By: JOAnn E Kinzel, Esquire Attornfor Defendant Identification No. 55453 Date: April 14, 2008 . 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., r ase No.: 08-244 Civil Term Plaintiff vs. John Eric Vogt, Defendant ACTION - LAW CERTIFICATE OF SERVICE 1 JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached Entry of Appearance. Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 Date: April 14, 2008 JoAnne. Ki e , Esquire Attorne ? for Defendant C=5 L ?jn -? Z,_ .. rQ MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 SCRANTON PA 18503 (570) 342-4231 Attorneys for Plaintiff XTL Transport, Inc. XTL TRANSPORT, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. CIVIL ACTION - LAW JOHN ERIC VOGT Defendant. FILE NO. 08-244 Civil Term NOTICE TO DEFEND TO: JOHN ERIC VOGT c/o Joanne E. Kinzel, Esq. Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PSA 17011 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. you are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedord Street Carlisle, PA 17013 (800) 990-9108 Cumberland County Bar Association 32 S. Bedord Street Carlisle, PA 17013 (717) 249-3166 0 3 MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 SCRANTON PA 18503 (570) 342-4231 Attorneys for Plaintiff XTL Transport, Inc. XTL TRANSPORT, INC. Plaintiff, VS. JOHN ERIC VOGT Defendant. CIVIL ACTION - LAW FILE NO. 08-244 Civil Term COMPLAINT COMES NOW the Plaintiff, XTL Transport, Inc., by and through its undersigned counsel, Mark T. Sheridan, Esquire, Margolis Edelstein, and hereby avers the following: 1. The Plaintiff XTL Transport, Inc. is, and at all time hereto, has been a corporation duly organized under the laws of Canada and at all times has been authorized to conduct business in the United States and, specifically, within the Commonwealth of Pennsylvania. 2. The Defendant, John Eric Vogt, is an adult and to the best information and belief of the Plaintiff, a competent individual, currently residing, to the best information and belief of Plaintiff, at 219 South 19t" Street, Camp Hill, PA, 17011. At the time of the accident in question Mr. Vogt was residing at 3520 September Drive, Apartment No. 6, Camp Hill, Pennsylvania, 17011. 3. At all times relevant hereto the Plaintiff, XTL Transport, Inc., was in the business of providing transportation services for the delivery of goods and materials within Canada and between points within the United States and Canada. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY 4. On February 10, 2006, Oliver Campbell, a citizen and resident of Ontario, Canada, and an employee of Plaintiff, XTL Transport, Inc. was operating a tractor-trailer unit owned by XTL Transport, Inc. 5. At such time the Defendant, John Eric Vogt, was the owner and operator of a 2005 Chevrolet Silverado K1500 pickup truck, bearing VIN 2GCEK19133513 59462, Pennsylvania license plate number YLT9286. 6. On such date Mr. Campbell was, at approximately 2:00 a.m., operating the tractor trailer in question (bearing VIN 2HSCESBR95C034399 and Ontario, Canada, license plate number PX8153) in a southbound direction along Central Boulevard in Hamden Township, Cumberland County, Pennsylvania. 7. At such time Mr. Campbell approached the intersection between Central Boulevard and Trindle Road and came to a complete stop at the stop sign controlling the traffic upon Central Boulevard. 8. Mr. Campbell looked in both directions to ensure that it was safe for him to proceed through the intersection and onto Trindle Road, where it was his intention to go left on Trindle Road, which would take him in an easterly direction. 9. As Mr. Campbell was into the making of his left hand turn he observed a vehicle coming in an easterly direction on Trindle Road (a road that has two lanes in each direction), in an erratic, weaving manner and at what appeared to be a very high rate of speed. Consequently, Mr. Campbell stopped his tractor trailer and thereafter the Defendant appeared to lose control of his vehicle and veered to his left, directly at the tractor being operated by Mr. Campbell. 10. At such point, time and place the pick up truck being operated by Defendant Vogt collided with the stopped tractor trailer being operated by Mr. Campbell directly causing the damages to the Plaintiff as described below. 11. Following the accident, Defendant Vogt got out of his truck, looked at the damage that he had caused, jumped back in his truck and tried to drive away from the scene of the accident. However, his truck broke down approximately 75 yards from the scene of the accident and ended up disabled in somebody's yard 12. At such time and at such place the posted speed limit governing Trindle Road was 40 miles per hour. 13. The aforesaid accident was caused by the negligence of the Defendant, John Eric Vogt, and in no way due to any negligent act or failure to act on the part of the Plaintiff or any of its agents or employees. 14. Specifically, the negligent conduct of the Defendant, John Eric Vogt, consisted in the following: (a) operating his motor vehicle at a high and excessive rate of speed; (b) operating his motor vehicle while under the influence of alcohol and/or other impairing substances; (c) failing to keep his motor vehicle under control; (d) operating his motor vehicle so as to bring it into sudden and forceable contact with the tractor trailer owned by Plaintiff, (e) operating his motor vehicle without due regard for the rights, safety and position of the Plaintiff, (f) failing to take proper evasive action in order to avoid the collision; and (g) failing to operate his said motor vehicle in accordance with the rules of the road and statutes of the Commonwealth of Pennsylvania governing the operation of motor vehicles on the public highways. COUNT ONE NEGLIGENCE 15. The Plaintiff, XTL Transport, Inc., incorporates by reference hereto the allegations contained in paragraphs 1 through 14 inclusive as fully as though the same were here set forth at length. 16. As a direct and proximate result of the aforesaid negligent conduct of the Defendant, John Eric Vogt, and the ensuing accident caused by him, the Plaintiff, XTL Transport, Inc. suffered the following damages: a. $11,400.32 in damages to repair to the damaged tractor unit; b. $6,327.45 for the loss of use of the damaged tractor unit, calculated at a rate of $333.02 for 19 days lost; c. $1,775.13 for towing expenses. d. $376.45 for appraisal undertaken on damaged tractor unit; and e. $354.68 for emergency breakdown services. 17. Copies of all invoices and documents supporting the above damages are attached hereto and incorporated herein by reference. WHEREFORE, the Plaintiff, XTL Transport, Inc., demands damages from the Defendant John Eric Vogt in the amount of $20,234.03 Canadian Dollars (or, currently, the equivalent of $20,169 US Dollars), together with any and all interest and record costs to which Plaintiff is entitled to under the laws of the Commonwealth of Pennsylvania. Inasmuch as the total amount in controversy in this matter is less than Fifty Thousand Dollars ($50,000), pursuant to Local Rule 1301-1 this matter should be referred for hearing to an appropriate panel of Arbitrators to be appointed by the Court. COUNT TWO PUNITIVE DAMAGES 18. The Plaintiff, XTL Transport, Inc., incorporates by reference hereto the allegations contained in paragraphs 1 through 17 inclusive as fully as though the same were here set forth at length. 19. The Defendant in this matter, John Eric Vogt, was, to the best information and belief of the Plaintiff, operating his vehicle in a state of serious impairment due to the consumption of alcohol (at a reported rate of more than twice that of the legal limit of .08%), was traveling at an excessively high rate of speed, lost control of his vehicle, and left the travel portion of Trindle Road, striking the Plaintiff's tractor unit which was stopped at the time, all of which evincing a deliberate, wanton and reckless disregard for the safety of the traveling public and specifically the safety of Oliver Campbell and the property owned by Plaintiff XTL Transport, Inc., and, accordingly, warranting the imposition of punitive damages. WHEREFORE, the, Plaintiff, XTL Transport, Inc., demands damages from the Defendant John Eric Vogt an award of punitive damages to be made in the judgment of the Arbitration Panel, the Court, and/or any Jury who hears and decides this matter, the total amount of all damages combined being sought, in no event, being greater than the compulsory arbitration amount of $50,000. Respectfully submitted, MARGOLIS EDELSTEIN -h. M rk T. Sheridan, Esquire Attorney for XTL Transport, Inc. VERIFICATION I, Fadi Mahmoudi, Safety Director for XTL Transport, Inc., affirm that I am authorized to sign this Verification on behalf of XTL Transport, Inc., that I have read the foregoing Complaint and that the facts set forth in said Complaint are true and correct to the best of my knowledge, information and belief To the extent that the language used in the Complaint is that of our attorney, I have relied upon him in making this affidavit. I understand that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. XTL Transport, Inc. Fadi Mahmoudi Safety Director DATED: May 13, 2008. Bill Te, X.T.L. TRANSPORT ATTN: PASCALE LEPUSA / SAFETY DEPT 2350 HENRY FORD VANDREUIL PQ J7V 91-15 Description `<TL TRANSPORT INC. 4 64168671925 BILLING FOR SERVICES E3ER ESTIMATE: 2005 iHC 9200 i VINX 2HSCESBR95CO34399 UC# PX8 153 KM: 1552.8 AS PER APPRAISAL WO# 26077 r y?35"Checkers Collision Inc. 7315 Torbram Road ibtississauga, Ontario L4T 1G8 Tel: 905-677-4114 Fax: 905-S77-5920 invoice #: 00008231 Date: 3120106 Page; 1 Your Order #: Terms: Net 30 GST Registration #: 88801 4222 RT NO.234 P03 Amount Tax $10,654.50 G GST; $745.82 PST: 30.00 Total Amount: 311,400.32 Amount Applied: ter--80-00 Balance Due.: $11,400.32 29i"_?!?5 -:01 XT_ TRANSPORT INC. 4 64168671925 NO.234 937 CENTRAL ONT?kRIO APPRAISERS INC. -? 3535 Ha,ktstcut Rd_, N ississa113a, 0,c rio Plwnc: 905-376.Mf) Fax: 9U5 X76-917U Our File COAJ: 5411 Insurance Cc XTL Transport Maka,2005 Inteniational Model 92001 Adjuster Fadi Mahnloudi Unit 9 1858? milaage 155,248 k Phone 500-636-2138 ext 5107 License (PRP) PX8 153 Claim # 57606202 Serial ri 2HSCESBR93CO34399 Insured: XTL Trans port Appraiser .I:uun Wminr Date of Loss ;;ePla:* feea.e Parts to be Replaced or Rc hired. Parts Sublet ttt;urs x Front bumper AN 5 926.19 1.1 x Right front bumper strutt 17,62 0.1 x Right hood fender 732.54 9 x Right fender front nlud tla 6446 inc x Ri?Jit headliJit inc x Ridit headlia}tt bezel 264,61 inc x Right sigynal ligaht inc x RiJtt signal light wiring harness 10,00 0.5 x Right tender mirror 106,63 0,5 x R zhI fender name late 16.23 inc Alien hood & aim headli_hts 1,5 x 3s% Right front tire Michelin X"LA3 llt2 22.5 13133 553,00 1 x Right front Alcoa wheel 376,12 inc x Rishtfront hub 952.92 inc x 10 Right front wheel nuts 71,64 inc x Left front Alcoa Wheel Dismount & mount tire 376.12 1 R&I & Ma_nuflux R Fronts indlc & L steer arin J Rjeoll 55.00 3.5 x Left troutspindle 632.29 4 X K1ne in set 412.24 inc x Steering box Exch nee 05,00 3,4 x Drag Lint: 147,97 inc x Tie Rod ass 332.42 1 x Stezrinb stops 10.70 inc Align front end 3 x Receiver dryer mouth bracket 3 Refinish repairs to Paint Materials 288.00 N-laterials and Shop supplies 129.60 Bondina Material 120.00 Reinstall Drive Shaft 0,5 P9pB 1 01 z XTL TRANSPORT INC. 4 64168671925 NO.234 938 CENTRAL ONTARIO APPRAISERS INC. 3535llawkr-,to?%cRd..1%,lississauca,Q tano Fhonc 9115-'-76.53!,) F.)?:91)5-276-9171) Our File COAT: 5411 insurance Co XTL Transport Make-2005 inteniation:tl Moclel 92001 Adjuster Fudi Nluhaloudi Unit n 18582 Mileage 155,248 k Pho,Lr 800-636-2[38 ext 5107 License (PRP) P,X8 153 Claim # 57606202 serial # 2HSCESBR95CO34399 ln5ur5d XTL ' ions port Appraiser. J:v'on Warin.- Oats of Loss Rep a_* no7mr Parts to be Replaced or Repaired Phis Sublet HOW., De lreciation on front tire $204.05 CONFIRM DEDUCTIBLE Tot 11s: 7 ?_56:30 85,00 43,1 THIS INSTRU`IENT IS NOT AN AUTHORIZATION TO R EPAIR Parts S 7 256,30 It is understood and agreed that the undersigned will Sublet 85.00 complete and guamtee the above repairs at a price of Towing 210-00 $11400.32 ll,nbour $ 72.00 3103,20 Including all charges incidental thereto. Subtotal 0 634.50 Garage: Checkers Collision Inc. i>si- s7, Exempt Per GST @ 7% 745.82 Witness, Date, March 3, 2006 Total 11`400,32 Jason waritl° Cont'inu Deducti ble S - Less Depreciation $ 204,03 OWNER AND INSURANCE COMPANY Less GST S 745,82 TO AUTHORIZE REPAIRS Invoice Owner S 949,87 NET TOTAL S 10 450,45 Pare 1 .12 0911 1106 11:01 XTL TRANSPORT INC. 4 64168671925 CENTRAL ONTARIO APPRAISERS INC. 3535A HAWKESTONVE ROAD MISSISSAUGA, ONTARIO L5C 2111 PHONE: (905) 276-5320-21 FAX: (905)276-9270 Email: coa@bellnet.ca INVOICE NO.234 P04 #5411 DATE: March G, 2006 SEND TO: XTL Transport Attention: Fadi Mahmoudi INSURED '@WR-Rj&RXw.REN CE DATE OF LOSS` LICENSE XTL Transport 57606202 Unknown PRP PX8 153 YEAR & MAKE OUR REFERENCE SERIAL # UNIT.N i?IBER 12005 International COAJ: 5411 C034399 18582 Fees Basic Fee $315.00 Fee Expenses Car Expense $47,45 Telephone Expense 518 75 Photographs $??.S0 Office $=14.75 TOTAL $376.15 3°i1Ai06 11:01 XTL TRANSPORT INC. 4 64168671925 NO.234 D05 e,3/02/os OD: 13 NO.Et@3 VOL Flee; Charge 1w4ce 1..ev9t SOLD 6Y: IDEAUIET AT-TN: DON DUDEK A-V M FA'.D RD r-n•ttg, Fl t " Ch ? cc) 10 ee arge J SOLO TO: XTL IA*rSPORT trrC SHIP TO: 2534 HENRY FOFic VAUDREUIL. PQ JT,19145 055ter :a t lnvorce Oa ia C?sls t palemi corJ: Auth 0 / P.O. SS3437 M10Ie306 1203 0859t 0003 747E awn U^Yt> YE3r lataljlodei V 1.p1. Wa a LlNnsa 152 PWCKh ti. Description Un1 Price E)e. Frfee Ad . Amoumt 6 O V l;1is? Crargo 004 I OC 312.6S a cc 3112.95 Emergency Brookdcwn Svc 0001.0c 040 0 00 41.73 C?$V Dricn Totel9 6xchttnao Rata 0.13 386 I.at,ardmC.tnt 0.00 Source: Kaled b! Prooc, sor Parts rnsl 0.00 suatw_ Ur„flej Pans 01nor 312-95 611 93110. C3.01/10118 Price Ar)fuitmert3 0.00 DvC Date: G3rOdr73o gas 41.73 Report Date: C34!/2006 Ta,,c 0.00 AS Of: 0310'124C8 ToW Crtargd Ar'n0Um1 354.68 P13ese Merril Payment to the Rvki Chai E PlccasSin? Conltr 09i141 i06 11:G?1 XTL TRANSPORT INC. -? 64168671925 N0.234 D06 • ? ???? <<?? - `ids ;r.. Towing 8 Recovery 216746 969250 ONTARrO UM(TEO 236 RUtherlord RC. S., Brampton, ON LOW V6 Local: 905.459.1011 • roll Free: 1.800-875-7097 I r NAME DATE: ADDRESS ??-- rAUTH. 6V TEL. NO. YEAR MAKE COLOUR LICpNCE NO. V.I.N NO, PROBLEM J TRUCK NO. DRIVER J. ,1 FROhI r' ITO START MILEAGE FINISH MILEA35- P.0, NO. TOW RATE , DRIVERS RE6,IARKS ^Q t/ it 3 2- DOLLY i Uc) Dw a 3 j b V4INCN , . , KItf.EAG£ STORAGE , OlScou?vT , AUT jORIZZOSIGNATURE ,.- 10621577 i' j TOTAL ,I CA?ll Q CkQGE Q - CRECf7CARD ACCOU MANAGEMENT IS 90R THAT NO NSi231LfTY CAN BE ASSUMED FOR LOSS 0 0 v LTING FROM 1 { °j^aiOs Y,TL TRANSPORT INC. 4 64168671925 N0.234 1?07 rrt. mRb?rgPnRTi2u' 6/06/06 FR?I Purchase Order system 16:51:41 Po#: 365732 Date, 210,43 Vendor: M--AR HANSEN TOWING Requestor: p Srar.E BRAMPTON ON Accident Number: 057606202 905 4518954 w/O#: 57A8A,n1 Estimated Cost! 1659.00 F Lab/Parts .00 T p^ -- C_ p4SrjjrIn^ fiat Cast Aan rn.cr. Tnr 00 .00 _ ACC TR ACC i 57606202 TOWING 1659.00 1659.00 PLA Bottom Invoice Number: 216746 Voucher: 0236@39 Approved Cost: 1659.00 Invoice Date: 2/11/06 P/O Closed on 022106 PASCAL GST: 116.13 F3=Exit F4wLookup FS=Update PST: .00 F6=Create F7=Lookup-Owner .°30=Restart QST: 00 F8=Voucher Lookup Total Cost Approved: 1775.13 09% -05 :01 YTL TRANSPORT INC. 4 64168671925 NO.234 POO Driver UNIT #: Period January 10"' 2006 to February 10"' 2006 TOTAL: GROSS DAILY: NET REVENUE (40%): NET A DAY: # OF DAYS DOWN TOTAL TO PA Y: LOSS OF USE Oliver Campbell 18582 PERIOD: 19 DAYS GROSS MILEAGE # OF DAYS 22479,09s 9624 27 22479,09$ $832,56 9624 27 356 $333,02 $333,02 19 $6327.45 Page 1 MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 SCRANTON PA 18503 (570) 342-4231 Attorneys for Plaintiff XTL Transport, Inc. XTL TRANSPORT, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. CIVIL ACTION - LAW JOHN ERIC VOGT Defendant. FILE NO. 08-244 Civil Term CERTIFICATE OF SERVICE I, Mark T. Sheridan, Esq., hereby certify that I have served a copy of the foregoing Complaint, Interrogatories, and Request for Production of Documents via U. S. First Class Mail, postage prepaid, at Scranton, Pennsylvania to the following individuals under date of May 14, 2008: Joanne E. Kinzel Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PSA 17011 Attorney for Defendant John Eric Vogt Respectfully submitted, MARGOLIS EDELSTEIN ?h Mar T. Sheridan, Esquire r" L n r { Yp ? MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 SCRANTON PA 18503 (570) 342-4231 Attorneys for Plaintiff XTL Transport, Inc, XTL 'T'RANSPORT, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, VS. CIVIL ACTION - LAW JOHN ERIC VOGT Defendant. FILE NO. 08-244 Civil Term ACCEPTANCE OF SERVICE 1, JoAnne E. Kinzel, Esquire, accept service of the Writ of Summons, originally issued by the Prothonotary on January 14, 2008 and thereafter reissued by the Prothonotary on February 11, 2009, on behalf of Defendant, John. Eric Vogt. I certify that I am authorized to accept service of the Writ of Summons on Mr. Vogt's behalf. Date: March 'a, 2008. JoAnne E. ? zel, Esq. Snyder and jorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 '' o l 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., r ase No.: 08-244 Civil Term Plaintiff vs. John Eric Vogt, Defendant ACTION - LAW ANSWER WITH NEW MATTER AND CROSSCLAIM OF DEFENDANT, JOHN ERIC VOGT, TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, John Eric Vogt, by his attorney, JoAnne E. Kinzel, Esquire, and sets forth the following Answer to the Plaintiff's Complaint: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 1 of the Complaint. Therefore, they are denied and strict proof is demanded. 2. The allegations in paragraph 2 of the Complaint are admitted. I 3. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 3 of the Complaint. Therefore, they are denied and strict proof is demanded. 4. The allegations in paragraph 4 of the Complaint are admitted, upon information and belief, to the extent that the tractor trailer which drove into Defendant Vogt's path, usurped his right-of-way and thereby caused a collision between the two vehicles, was operated by one Oliver Campbell, who was believed to be within the course and scope of his employment with XTL Transport at the time of the accident. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 4. Therefore, they are denied and strict proof is demanded. 5. Paragraph 5 of the Complaint is admitted. 6. Upon information and belief, the allegations in paragraph 6 of the Complaint are admitted. 7. - 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraphs 7 and 8 of the Complaint. Therefore, they are denied and strict proof is demanded. By way of further Answer, Defendant avers that if Mr. Campbell had, indeed, come to a complete stop and looked both ways before entering into the intersection, he would have seen Defendant's vehicle approaching on Trindle Road where Plaintiff's driver's site distance exceeded two-tenths of a mile. Defendant specifically denies that Mr. Campbell, prior to entering the intersection, insured that it was safe for him to proceed. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 9 concerning Plaintiff's driver location upon initial observation of Defendant's vehicle. However, Defendant believes and avers that if Mr. Campbell had checked for approaching traffic on Trindle Road prior to entering the intersection, with a site distance in excess of two-tenths of a mile, he would have had a clear opportunity to observe the approach of Defendant's vehicle. Defendant admits that he was unable to maintain complete control of his vehicle as he attempted to avoid Plaintiff's tractor trailer, which, suddenly and without warning, pulled directly into his path of travel on Trindle Road. The remaining allegations in paragraph 9 of the Complaint are specifically and generally denied. 10. The allegations in paragraph 10 of the Complaint are admitted to the extent that a collision resulted between the two vehicles after Mr. Campbell pulled his rig into the intersection, directly into Defendant's path, despite the fact that the approach of Defendant's vehicle would have been plainly visible to him. It is specifically denied that any damages sustained by the Plaintiff were caused by this Defendant. On the contrary, said damages were caused solely by the negligence of Plaintiff's employee when he failed to yield the right-of-way to Defendant's approaching vehicle and pulled directly into his lane of travel. 11. The allegations in paragraph 11 of the Complaint are denied generally pursuant to Pa.R.C.P. §1029(e). 12. Upon information and belief, the allegations in paragraph 12 of the Complaint are admitted. 13. The allegations in paragraph 13 of the Complaint are specifically and generally denied. On the contrary, Plaintiff's damages were due solely to the negligence of its own driver in failing to yield the right-of-way to Defendant's approaching and plainly visible vehicle. 14. The allegations in paragraph 14 of the Complaint, including sub-paragraphs (a) through (g), are specifically and generally denied. COUNTI 15. In response to paragraph 15 of the Complaint, Defendant incorporates herein by reference paragraphs 1 through 14 above as though set forth at length. 16. The allegations in paragraph 16 of the Complaint that Plaintiff's alleged damages were caused by negligent conduct on behalf of this Defendant are specifically and generally denied. On the contrary, any damages allegedly sustained by the Plaintiff were the result of the negligence of its own driver in failing to yield the right-of-way to Defendant's approaching and plainly visible vehicle. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 16. Therefore, they are denied and strict proof is demanded. 17. Paragraph 17 of the Complaint is admitted to the extent that certain documents were attached to the Complaint. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in this Defendant's behalf sustained. COUNT 11 18. In response to paragraph 18 of the Complaint, Defendant incorporates herein by reference paragraphs 1 through 17 above as though set forth at length. 19. In response to paragraph 19 of the Complaint, Defendant denies that any act or omission on his part caused the collision or any of the damages allegedly sustained by the Plaintiff. On the contrary, said damages were due solely to the negligence and carelessness of Plaintiff's driver, Oliver Campbell, who acted with reckless disregard for the safety of his employer's vehicle, as well as for the safety of other travelers on the roadway, when he disregarded or failed to observe the approach of Defendant's vehicle and entered the intersection directly into Defendant's path, making it impossible for him to avoid the accident. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in the Defendant's behalf sustained. NEW MATTER 20. Any injuries or damages allegedly sustained by the Plaintiff were the result of the negligence of its own driver, whose direction of travel on Central Boulevard at Trindle Road was controlled by a stop sign. Given that there was no stop sign controlling Defendant's direction of travel, Mr. Campbell had a duty to remain stopped behind the stop sign on Central Boulevard until approaching traffic on Trindle Road had cleared the intersection, thereby making it safe for Mr. Campbell to make his left turn onto Trindle Road. Instead, Mr. Campbell either failed to make proper observation or simply ignored the approach of Defendant's vehicle and pulled his tractor trailer directly into Defendant's path making the collision imminent and giving Defendant no opportunity to avoid impact. WHEREFORE, Plaintiff's Complaint should be dismissed with costs in this Defendant's behalf sustained. NEW MATTER PURSUANT TO PA.R.C.P. 2252(d) 21. At all times relevant hereto, Oliver Campbell, the driver of the Plaintiff's tractor trailer, was acting within the course and scope of his employment with XTL Transport. 22. Mr. Campbell's direction of travel was controlled by a stop sign which required him to remain stopped until traffic on Trindle Road, to wit Mr. Vogt's approaching vehicle, cleared the intersection. Despite his duty to remain stopped, and having a clear opportunity to observe approaching traffic, Mr. Campbell executed a left turn from Central Boulevard onto Trindle Road directly into the path of Defendant's oncoming vehicle, thereby causing a collision between the two vehicles. 23. The collision between the vehicles was caused solely by the negligence of XTL's driver in: (a) failing to maintain a proper lookout for approaching traffic; (b) failing to yield the right-of-way to approaching traffic on Trindle Road; (c) failing to stop at the stop sign be?ore entering Trindle Road; (d) failing to remain stopped behind the stop sign until it was safe to enter the intersection. 24. As a result of the negligence of XTL's driver, Defendant's vehicle was damaged in the amount of $23,939.36. 25. XTL Transport is liable for the negligent acts of its employee performed within the course and scope of his employment with XTL. Accordingly, a claim is made against XTL for Defendant's damages in the amount of $23,939.36. WHEREFORE, Plaintiff's Complaint should be dismissed with damages awarded to Defendant in the amount of $23,939.36. Respectfully submitted, LAW OFFI OF SNYDER & DORER B y: JoAnne inzel, Esquire Identification No. 55453 Attorney for Defendant Date: _July 17, 2008 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff VS. John Eric Vogt, Defendant No.: 08-244 Civil Term ACTION - LAW TE OF NERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached Answer with New Matter and Crosselaim of Defendant, John Eric Vogt, to Plaintiff's Complaint to be served by regular first class mail upon: Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 Date: July 17, 2008 JoAnne E., Esquire Attorney for D endant ?-- c`ry ? ``? C,.. ?' "'Y', ..fit ?,.:i _ y,?„ ``._:=? i ?? __ t r ??`? . •'_? ..{? ?? MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 Attorneys for Plaintiff SCRANTON PA 18503 XTL Transport, Inc. (570) 342-4231 XTL TRANSPORT, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, . VS. CIVIL ACTION - LAW JOHN ERIC VOGT Defendant. FILE NO. 08-244 Civil Term TO: Joanne Kinzel, Esquire Snyder and Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Date of Notice: July 21, 2008 NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MARGOLIS EDELSTEIN M RK T. SHERIDAN, ESQUIRE Attorney for Plaintiff MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 SCRANTON PA 18503 (570) 342-4231 Attorneys for Plaintiff XTL Transport, Inc. XTL TRANSPORT, INC. Plaintiff, VS. JOHN ERIC VOGT Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW FILE NO. 08-244 Civil Term PRELIMINARY OBJECTIONS OF PLAINTIFF XTL TRANSPORT INC. TO DEFENDANT'S CROSSCLAIM NOW COMES Plaintiff, XTL Transport, Inc., by and through its undersigned counsel, Mark T. Sheridan, Esq., Margolis Edelstein, and hereby files the following Preliminary Objections to the Crossclaim (as contained in the Defendant's Answer with New Matter) filed in this matter by Defendant John Eric Vogt. 1. This lawsuit arises out of a motor vehicle accident that occurred during the early morning hours of February 10, 2006, when, it is alleged, the Defendant John Eric Vogt negligently and recklessly drove his 2005 Chevrolet Silverado K1500 pick up truck, into a tractor trailer owned by the Plaintiff and being operated by one of its drivers. 2. The accident occurred at the intersection of Trindle Road and Central Boulevard in Hamden Township, Cumberland County, Pennsylvania. 3. Plaintiff initiated its suit for property damages and loss of use damages in the aggregate 4 amount of $20,169.00 by the timely filing of a Writ of Summons on January 14, 2008, said Writ being reissued on February 11, 2008, reissued again on March 11, 2008 and then served upon the Defendant on March 10, 2008 by way of acceptance of service by Defendant's counsel. 4. On or about July 17, 2008 Defendant, by and through his counsel, filed an Answer with New Matter and, as part of such pleading also filed a Crossclaim (formerly known as a Counterclaim in Pennsylvania pleading practice) against Plaintiff XTL Transport, Inc. seeking the sum of $23,939.36 in property damages sustained by the Plaintiff's truck as a result of the accident that occurred on February 10, 2006. 5. Defendant's Crossclaim for property damages is barred by the applicable two year statute of limitations set forth in 42 Pa.C.S. 5524(7), as Defendant's claim for damages was filed approximately two years and five months following the date of the accident. See Harmer v. Hulsey, 321 Pa. Super. 11, 467 A.2d 867 (1983). 6. Further, Defendant's Crossclaim is against XTL Transport, Inc. (as said entity is the only Plaintiff in the suit) whereas the allegation of negligence contained in the Crossclaim is against Oliver Campbell, the driver of the XTL Transport vehicle. Defendant cannot bring a claim for negligence against the principal on a claim of vicarious liability without bringing a claim against the employee based upon negligence. And, as above, any claim to be made as against Oliver Campbell, in order to be timely, had to have been filed on or before February 9, 2006. See Mamalis v. Atlas Van Lines, Inc. 522 Pa. 214, 560 A.2d 1380 (1989)(on the issue of vicarious liability). WHEREFORE, and for the foregoing reasons, Plaintiff XTL Transport, Inc. respectfully request this Honorable Court to dismiss the Defendant's Crossclaim at this time. Respectfully submitted, MARGOLIS EDELSTEIN IN. M*k T. Sheridan Counsel for Plaintiff, XTL Transport, Inc. 220 Penn Avenue, Suite 305 Scranton, PA 18503 (570) 342-4231 MARGOLIS EDELSTEIN BY: Mark T. Sheridan, Esquire IDENTIFICATION NO. 92712 220 PENN AVENUE SUITE 305 SCRANTON PA 18503 (570) 342-4231 Attorneys for Plaintiff XTL Transport, Inc. XTL TRANSPORT, INC. Plaintiff, VS. . JOHN ERIC VOGT Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW FILE NO. 08-244 Civil Term CERTIFICATE OF SERVICE I, Mark T. Sheridan, Esq., hereby certify that I have served a copy of the foregoing Preliminary Objections via U. S. First Class Mail, postage prepaid, at Scranton, Pennsylvania to the following individuals under date of July 24, 2008: Joanne E. Kinzel Law Office of Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PSA 17011 Attorney for Defendant John Eric Vogt Respectfully submitted, MARGOLIS EDELSTEIN Nfirk T. Sheridan, Esquire C;:. 'r1 ..._ -° ? .. s .. F'Sa ;1. } [.y t i ?, , _ ?7 -?°7?, ?? ? ? ::.? 108HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff No.: 08-244 Civil Term VS. John Eric Vogt, Defendant ACTION - LAW N AND NOW this day of 2008, the Court having reviewed and considered Defendant's Preliminary Objections to Plaintiff's Preliminary Objections, the Plaintiff's Preliminary Objections to Defendant's Crossclaim are hereby dismissed with prejudice and Plaintiff is directed to file its reply to Defendant's Crossclaim within twenty (20) days of the date of this Order. BY THE COURT: J. 108HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff No.: 08-244 Civil Term vs. John Eric Vogt, Defendant ACTION - LAW w PRELIMINARY OBJECTIONS OF DEFENDANT TO XTL TRANSPORT, NC. S PRELIMINARY OBJECTIONS TO DEFENDANT'S CROSSCLAIM AND NOW comes Defendant, John Eric Vogt, by its attorney, JoAnne E. Kinzel, Esquire, and files the following Preliminary Objections to Plaintiff's Preliminary Objections to Defendant's Crossclaim: 1. Pa.R.C.P. § 1028 provides that any party may file Preliminary Objections to any pleading limited to the following grounds: (1) lack of jurisdiction over the subject matter or person, improper venue or form I of service; (2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matters; (3) insufficient specificity in a pleading; (4) legal insufficiency of a pleading; (5) lack of capacity to sue, non-joinder of a necessary party or mis-joinder of a cause of action; (6) pendency of a prior action or agreement for alternative dispute resolution; (7) failure to exercise or exhaust a statutory remedy; and (8) full, complete and adequate non-statutory remedy at law. 2. The notes section under Rule 1028(a)(4) states that the Statute of Limitations can be asserted only in a responsive pleading as new matter under Rule 1030. 3. The defense of the bar of the Statute of Limitations is not a permissible ground on which Preliminary Objections can be based. 4. The Plaintiff's Preliminary Objections to Defendant's Crossclaim, which is based solely on the assertion that Defendant's Crossclaim is barred by the Statute of Limitations, fails to conform to law and must be dismissed. WHEREFORE, Defendant respectfully requests this Honorable Court to enter an Order dismissing Plaintiff's Preliminary Objections and ordering Plaintiff to file its Answer within twenty (20) days. Respectfully submitted, LAW OFFICE OF SNYDER & DORER B JoAn*T.'Klrkel, Esquire Attordey for Defendant Date: -August 18, 2008 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., r ase No.: 08-244 Civil Term Plaintiff vs. John Eric Vogt, Defendant ACTION - LAW TIFICATE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached Preliminary Objections of Defendant to XTL Transport, Inc.'s Preliminary Objections to Defendant's Crossclaim to be served by regular first class mail upon: Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 Date: August 18, 2008 JoA TeS/lpinzel, Esgt Attorney fq? Defendant ? ? 'p . .. f ?y { zr td { ...yam 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff No.: 08-244 Civil Term vs. ACTION - LAW John Eric Vogt, Defendant PRAECIPE To ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly file and attach the attached Verification to Answer with New Matter of Defendant, John Eric Vogt, to Plaintiff's Complaint, that had been filed with the Court on or about July 17, 2008. Respectfully submitted, 16 LAW OFFICE OF SNYDER & DORER By: cvt__? JoAnne V. Kinzel, Esquire Identification No. 55453 Attorney for Defendant Date: August 27, 2008 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff vs. John Eric Vogt, Defendant No.: 08-244 Civil Term ACTION - LAW TION I, John Eric Vogt , verify that the statements made in the foregoing Answer with Nf Matter and Crossclaim of Defendant, John Eric Vogt, to Plaintiff's Complaint, which are with the personal knowledge of the undersigned, are true and correct, and as to the facts based on t information of others, the undersigned, after diligent inquiry, believe them to be true. A further, this Verification is signed on the recommendation of my attorneys, who advise me d the allegations and language in this document are required legally to raise issues for resolution trial, by the Court, or by continuing investigation and preparation for trial. I understand tl some of these allegations may prove inappropriate after investigation and trial preparation complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S §4904, relating to unsworn falsifications to authorities. Dated: 19 0 Y- )/0 07 J Eric Vogt 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT XTL Transport, Inc., Plaintiff vs. John Eric Vogt, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 08-244 Civil Term ACTION - LAW TIFICATE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached Praecipe to Attach Verification to be served by regular first class mail upon: Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 Date: August 27, 2008 JoAnne KirVel, Esquire Attorne or Defendant C") t' 71 -46 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff No.: 08-244 Civil Term vs. John Eric Vogt, Defendant ACTION - LAW STIPULATION TO DISMISS DEFENDANT'S COUNTERCLAIM (ERRONEOUSLY FILED AS PA.R.C.P. 2252(D) COUNTERCLAIM) It is hereby agreed between counsel for Defendant and counsel for Plaintiff that Defendants' Counterclaim for damages sustained to Defendant's vehicle in the subject accident is hereby withdrawn. MARGOLIS EDELSTEIN M& T. Sheridan, Esquire SNYDER & DORER q JoAnne . !inzel, squire 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff vs. John Eric Vogt, Defendant No.: 08-244 Civil Term ACTION - LAW TIFICATE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached Stipulation to Dismiss Defendant's Counterclaim (Erroneously filed as Pa R C P 2252(d) Counterclaim) to be served by regular first class mail upon: Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 Date: September 3, 2008 {. Kinzel, Esquire for Defendant \a _;-{ V3 08HB-00021(08-0086491 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 600 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1. The present action arises from an alleged motor vehicle accident occurring on or about February 10, 2006 on Trindle Road in Hampden Township, Cumberland County, Pennsylvania. 2. The present action was commenced by the filing of a Writ of Summons on or about January 14, 2008. 3. Following the filing of an Entry of Appearance by counsel for the Defendant, and the service of a Rule to File Complaint upon the Plaintiff on or about April 15, 2008, Plaintiff's Complaint was filed with this Court on or about May 13, 2009. 4. By letter dated February 3, 2009, the Defendant served Interrogatories and Request Production of Documents of Defendant Under Pa. R.C.P. 4009 upon counsel for Plaintiff. The letter dated February 3, 2009, together with the aforementioned enclosed discovery requests are collectively attached hereto as Exhibit "A" and incorporated by reference as if more fully set forth herein. 5. By letter dated March 27, 2009 directed to counsel for the Plaintiff, counsel for Defendant notified Plaintiff's counsel that he had failed to provide a response to the Defendant's Interrogatories and Request for Production of Documents of Defendant Under Pa. R.C.P. 4009 previously attached hereto as Exhibit "A", and noted that an appropriate Motion to Compel may be filed with the Court if responses thereto were not transmitted within ten (10) days thereof. This letter dated March 27, 2009 is attached hereto as Exhibit "B" and incorporated by reference as if more fully set forth herein. 6. To date, defense counsel has received no response to the requested discovery. 7. It has now been over three (3) months since the Plaintiff received Defendant's Interrogatories and Request for Production of Documents of Defendant Under Pa. R.C.P. 4009. 8. Pursuant to the Pennsylvania Rules of Civil Procedure, the Plaintiff's answers to Interrogatories and response to Request for Production of Documents of Defendant Under Pa. R.C.P. 4009 are overdue. 9. It is respectfully requested that your Honorable Court issue an Order directing the Plaintiff to file answers to Defendant's Interrogatories and a response to Request for Production of Documents of Defendant Under Pa. R.C.P. 4009 or imposing appropriate sanctions against Plaintiff. 2 WHEREFORE, Defendant respectfully requests that your Honorable Court issue an Order directing Plaintiff to file answers to Defendant's Interrogatories and a Request for Production of Documents of Defendant Under Pa. R.C.P. 4009 or imposing appropriate s against the Plaintiff. Respectfully submitted, LAW OFFICE OF SNYDER & DORER Date: May 13, 2009 By mzel, Esquire Yon No. 55453 for Defendant LAW OFFICE OF SNYDER & DORER LAW OFFICE OF ALL R. SNYDER Fmph)yres ()f Nam mwidc MUW.11 InNurtncc Compare jP SNYDER & ANDREWS Rcdilchem, PA 1301' Not a Parrncrship 11'cxtbrd, PA 15090 SNYDER & D'ANNL'NLIO 214 SENATE AVENUE, SUITE 600 SNYDER & ASSOCIATES Philadelphia, PA 19103 CAMP HILL, PENNSYLVANIA 17011 Plains, PA 13705 SNYDER & VERBEKE (717) 731-0988 SNYDER & SHAFFER CONSHOHOCKEN, PA 19428 (FAX) (717) 731-0987 DOYLESTOWN, PA 18901 REPLY TO: CAMP HILL DONALD R. DORER JOANNE E. KINZEL PARALEGALS DENISE E. BUFFINGTON LISA S. KEYTON Refer to: 08HB-00021 08-008649 February 3, 2009 Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 Re: XTL Transport, Inc. vs. John Eric Vogt Cumberland County: No. 08-244 Civil Term Dear Mr. Sheridan, Enclosed please find Interrogatories and Request for Production of Documents Addressed to the Plaintiff. Kindly provide responses to these discovery requests pursuant to the applicable Rules of Civil Procedure. Your attention to this matter is most appreciated. Sincerely, JoAnne E. Kinzel, Esquire JEK:deb Enclosures 08FIB-00021 LAW OFFICE OF SNYDER R DORER 214 SENATE.1% E.N E, SL ITE 600 C .1NIP HILL., PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc.. Plaintiff vs. John Eric Vogt, Defendant se No.: 08-244 Civil Term ACTION - LAW INTERROGATORIES ADDRESSED TO: Plaintiff, XTL Transport, Inc. The Defendant propounds the following Interrogatories to be answered under oath pursuant to Pa. R.C.P. 4005, 4006 by the Plaintiff within thirty (30) days after service. The foregoing Interrogatories are to be regarded as continuing and you are requested to provide, by way of supplementary answers thereto, such additional information as may hereafter be obtained by you, or any person on your behalf, which will augment or otherwise modify any answers nowgiven to the foregoing Interrogatories pursuant to Pa. R.C.P. 4007.4. Such supplemental responses are to be served upon the Defendant seasonably after receipt of such information. I . Please identify all documents you used to calculate your loss of use clairn. 2. Please explain in detail how you arrived at the figure of $333.02 per day for loss of use of the vehicle. 3. How many trucks do you have in your fleet? 4 During the 1 year period before the accident, how many days was the subject vehicle )n the road and in service for XLT Transport, Inc.? above. 5. Please identify all documents used to provide the information in interrogatory #4 6. Please explain how you arrived at 40% for a figure of net revenue. 7. Please list all expenses (by type/category) that are deducted to arrive at gross revenue. 3. Please identify all documents from which you are able to calculate the gross revenue of this vehicle from January 1. 2003 to December 31. 2005. 9. Please identify all documents from which you are able to calculate the gross revenue of this vehicle from January 1, 2006 through December 31, 2006. 10 What was the gross revenue for this vehicle in the following years: a. 2003 b. 2004 c. 2005 d. 2006 e. 2007 11. What were the itemized expenses for this vehicle in (please itemize each expense category): a. 2003 b. 2004 c. 2005 d. 2006 e. 2007 12. What was the net income for this vehicle in: a. 2003 b. 2004 c. 2005 d. 2006 e. 2007 Respectfully submitted, LAW OFFICE OF SNYDER & DORER By. a_ L r JoAnne 4 Kinzel, Esquire Identifica n No. 55453 Attorney or Defendant Date: _Febniarv 3 '009 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE k% ENUE, SL ITE 600 C:\-NIP HILL, PA 17011 TELEPHONE NuNIBER: (717) 731-0988 kTTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff vs. John Eric Vogt, Defendant No.: 08-244 Civil Term IL ACTION - LAW TIFICATE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached -Interrogatories of Defendant Addressed to the Plaintiff to be served by regular first class mail upon: Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 Date: February 3 2009 l, Esquire JoAnne E. Ktendant Attorney for 08HB-00021 LAW OFFICE OF SN1'DER & RORER 214 SENATE AVENL E, SUITE 600 C.vw HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 %TTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff vs. John Eric Vogt, Defendant No.: 08-244 Civil Term ACTION - LAW DEFENDANT UNDER Pa. R.C.P. 4009 ADDRESSED TO: Plaintiff, XTL Transport, Inc. You are directed to produce the following documents pertaining to the incident, occurrence, or accident described in Plaintiffs' Complaint for inspection and copying at the offices of Snyder & Doter, 214 Senate Avenue, Suite 503, Camp Hill, PA, 17011, pursuant to Pennsylvania Rule of Civil Procedure 4009: I . Please provide complete copies of all documents referenced in or used to Answer Interrogatory #1. 2. Please provide complete copies of all documents referenced in or used to answer Interrogatory #2. 3. Please provide complete copies of all documents referenced in or used to Answer Interrogatory #3. 4. Please provide complete copies of all documents referenced in or used to Answer Interrogatory #4. 5. Please provide complete copies of all documents referenced in or used to Answe lnterrogatory #5. 6. Please: provide complete copies of all documents referenced in or used to Ans%vt Interrogatory #6. 7. Please provide complete copies of all documents referenced in or used to Answe Interrogatory #7. 8. Please provide complete copies of all documents referenced in or used to Answe Interrogatory #8. 9. Please provide complete copies of all documents referenced in or used to Answer Interrogatory #9. 10. Please provide complete copies of all documents referenced in or used to Answer Interrogatory #10. 11. Please provide complete copies of all documents referenced in or used to Answer Interrogatory #11. 12. Please provide complete copies of all documents referenced in or used to Answer Interrogatory #12. Respectfully submitted, LAW OFFI E OF ?NYDER & DORER B =dentific . Kin 1, squi a ion N o. 55453 Attorney or Defendant !r Date: -February 3 2009 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AN ENL E, SUITE 600 CAMP HILL, PA 17011 TELEPHONE NUNIBER: (717) 731-0988 -ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff VS. John Eric Vogt, Defendant No.: 08-241 Civil Term IVIL ACTION - LAW UERTIFICATE OF SERVICE JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached Request for Production of Documents of Defendant Addressed to the Plaintiff to be served by regular first class mail upon: Date: February 3 2009 Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 JOAnnle-E: Kirirzel, tsgt Attorney for Defendant LAW OFFICE OF SNYDER & DORER LAN' OFFICE. OF JILL R. SN1 DER 11cthkhcm, PA 18017 Empluyrc, of N atium% idc Mutual hi urance G mipanv 9 Not a Partncr.hip SNYDER & ANDREWS 1%*cxtiird, PA 15090 SNYDER & D'ANNUNZIO 1'hiladciphia, PA 19103 SNYDER R VERBEKE CONSHOHOCKEN, PA 19428 214 SENATE AVENUE, SUITE 600 CAMP HILL, PENNSYLVANIA 17011 (717) 731-0988 (FAX) (717) 731.0987 SNYDER & ASSOCIATES Plains, PA 18705 SN't DER & SHAFFER DOYLESTOWN, PA 18901 REPLY TO: CA>IP HILL DONALD R. DORER JOANNE E. KINZEL Refer to: 08HB-00021 08-008649 Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 March 27, 2009 Re: XTL Transport, Inc. vs. John Eric Vogt Cumberland County: No. 08-244 Civil Term Dear Mr. Sheridan, PARALEGALS LISA S. KEYTON May I please have your clients' response to the Interrogatories and Request for Production of Documents that were sent to you on February 3, 2009? I would appreciate receiving them no later than April 15, 2009 to avoid the need for a Motion to Compel. Your attention to this matter is most appreciated. lnccrely l ? JoAnne E. Kinzel, Esquire JEK 08HB-00021(08-008649) LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 600 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff Case No.: 08-244 Civil Term vs. IVIL ACTION - LAW John Eric Vogt, Defendant CATE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached Defendant's Motion to Compel Discovery to be served by regular first class mail upon: Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 Date: May 13, 2009 \I, JoAnne Attorn for r, • ?v,iL' 08HB-00021 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff VS. John Eric Vogt, Defendant No.: 08-244 Civil Term ACTION - LAW PRAECIPE '1'O WITHDRAW llEFENDANT'S MOTION TO UOMPEL llI$COVERY TO THE PROTHONOTARY: Please withdraw Defendant's Motion to Compel Discovery. Date: June 10, 2009 I 08HB-00021(08-008649) LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 600 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff Case No.: 08-244 Civil Term VS. IVIL ACTION - LAW John Eric Vogt, Defendant TE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached Praecipe to Withdraw Defendant's Motion to Compel Discovery to be served by regular first class mail upon: Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 Date: June 10, 2009 JoAnne "rizel, Esquire Attorney for Defendant R LED-- "iCE OF THE, 2009 JLH 12 PH 3: 4 1 G?V '- 'iNTY _ Mark Sheridan - Praecipe.SDE.doc 08HB-00021 (08-008649) MARGOLIS EDELSTEIN Mark T. Sheridan, Esquire 220 Penn Avenue Suite 305 Scranton, PA 18503 Telephone No. (570) 342-4231 attorney for plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff vs. John Eric Vogt, Defendant No.: 08-244 Civil Term L ACTION - LAW TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: 7/,P%,/6- 9 MARGOLIS EDELSTEIN Mark T. Sh idan, Esquire 220 Penn Avenue, Suite 305 Scranton, PA 18503 Telephone No. (570) 342-4231 Court I.D. 92712 Attorney for Plaintiff Page 1 OSHB-00021(08-008649) LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 600 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, JOHN ERIC VOGT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA XTL Transport, Inc., Plaintiff vs. John Eric Vogt, Defendant No.: 08-244 Civil Term ACTION - LAW TE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, herein, and that she caused a true and correct copy of the attached Praeci and End to be served by regular first class mail upon: Mark T. Sheridan, Esquire Margolis Edelstein 220 Penn Avenue, Suite 305 Scranton, PA 18503 r Date: August 6, 2009 JoAo e?E. Kinze , Esquire Att for Def aat Fl Cu-i CE 2 AUlG -7 Pi i 2: I ON ir. ;r