HomeMy WebLinkAbout01-6383DONALD TAYLOR,
Plaintiff,
EDWARD VOEGELE and USF GLEN
MOORE, INC.,
Defendants.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
CIVIL ACTION - LAW
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 days atter 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. Your are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
;
·
: NO. C l- o
:
: CIVIL ACTION - LAW
:
:
COMPLAINT
AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his
Attorneys, Robinson & Geraldo, and files this COMPLAiNT, and in support thereof states as
follows:
1. The Plaintiff is an adult individual residing at 437 Meadow Lane, Shermans Dale,
Perry County, Pennsylvania.
2. Defendant Edward Voegele (hereinafter "Voegele") is an adult individual residing
at 737 County Road 308, Cullman, Alabama 35057.
3. Defendant USF Glen Moore, Inc. (hereinafter "Glen Moore") is a Pennsylvania
corporation with a principal place of business located at 1711 Shearer Drive, Carlisle,
Cumberland County, Pennsylvania.
4. Voegele has a mailing address in Pennsylvania of 950 Walnut Bottom Road, Suite
203, Carlisle, Cumberland County, Pennsylvania.
5. On or about July 1, 2000 Plaintiff and Voegele entered into a whtten contract
(hereinafter "Contract"), termed a lease purchase agreement, for the purchase of a year 2000
model Freightliner Classic motor vehicle (hereinafter "Motor Vehicle") (a copy of which is
attached hereto as "Exhibit A" and is incorporated by reference).
6. The Contract was executed in Cumberland County.
7. Plaintiff has substantially performed under the terms of the Contract by making
the agreed-upon monthly payments for the Motor Vehicle.
8. On or about July 1, 2000, Plaintiff and Glen Moore (hereinafter "Glen Moore")
entered into a lease agreement (hereinafter "Lease") providing for compensation for use of
Plaintiff's Motor Vehicle (a copy of which is attached hereto as "Exhibit B" and is incorporated
by reference).
Count I - Intentional Interference With Contract
9. Plaintiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 8 as if fully set forth herein.
10. Voegele is not a pan'y to the Lease between Plaintiff and Glen Moore.
11. Plaintiff generates approximately Five Thousand and 00/100 ($5,000) Dollars per
week in gross income from the lease with Glen Moore.
12. On or about September 7, 2001, Voegele knowingly and willfully invaded and
interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of
promoting Voegele's own financial interest by stating to Glen Moore that Plaintiff no longer had
rightful possession of the Motor Vehicle.
13. Upon notice fi'om Voegele, Glen Moore immediately terminated the Lease.
14. Plaintiff has since been unable to use his Motor Vehicle in accordance with the
terms of the Lease.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Edward Voegele, for both compensatory and punitive damages, an
mount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus attorney fees
and other reasonable costs.
Count II - Breach of Contract
15. Pla'mtiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 14 as if fully set forth herein.
16. At all times relevant to this matter, Plaintiff has claimed rightful and legal
possession of the Motor Vehicle.
17. On or about September 9, 2001, Plaintiff spoke with Voegele regarding a dispute
over the Contract, where Voegeie requested possession of the Motor Vehicle due to Plaintiff
breaching the Contract.
18. During the conversation on September 9, 2001, Plaintiff refused to return
possession of the Motor Vehicle to Voegele, claiming that Plaimiff continued to have legal
possession of the Motor Vehicle because he had not breached the Contract.
19. Plaintiff continued to keep the Motor Vehicle on his premises and did not hold the
premises open to Voegele.
20. On or about October 4, 2001, Plaintiff returned to his residence and discovered
that the Motor Vehicle was missing.
21. The Motor Vehicle is now in Voegele's possession.
22. Voegeie refuses to return possession of the Motor Vehicle to Plaintiff.
23. As a result of Voegeie's actions on both September 7, 2001 and October 4, 2001,
Plaintiff has been unable to commercially use the Motor Vehicle because the Motor Vehieie was
taken from his possession.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Pla'tariff and against Edward Voegele in an mount in excess of Twenty-Five Thousand
and 00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs. In the alternative,
Plaintiffrequests this Honorable Court to enter judgment in favor of the Plaintiff through specific
performance by requiring Voegele to return possession of the Motor Vehicle to Plaintiff.
Count III-Breach of Contract
24. Plaintiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 23 as if fully set forth herein.
25. At all times relevant to these proceedings, Plaintiff has had a rightful and legal
interest In the possession of the Motor Vehicle.
26. At all times relevant to these proceedings, Plaintiff has substantially complied
with and fulfilled the terms of the Lease.
27. Glen Moore's actions on September 7, 2001, as stated above, violated the terms of
the Lease because Plaintiffhad full and complete legal right and authority to the Motor Vehicle.
28. Before terminating the I_ease, Glen Moore never made a good faith effort to
determine whether Plaintiff still retained rightful possession of the Motor Vehicle.
29. Upon talminating the Lease, Glen Moore forwarded the payment for the week
ending September 8, 2001 to Voegele, which Plaintiff was entitled to receive under the existing
Lease.
30. As a further result of Glen Moore's actions, Plaintiff has been unable to operate
his Motor Vehicle in accordance with the terms of the Lease, since the date of September 7, 2001
to the present.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Glen Moore in an amount in excess of Twenty-Five Thousand and
00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs.
Respectfully submitted:
ROBINSON & GERALDO
Andrew H'~. §h~,, Esquire-
ROBINSON & GERALDO
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of t8 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
Donald.-~fior
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
;
: NO.
:
CIVIL ACTION - LAW
;
;
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 9th day of November, 2001, I
caused a tree and correct copy of the COMPLAINT to be served upon the following individual
by first class, by depositing same in the United States, postage prepaid, at Harrisburg,
Pennsylvania.
Michael J. Hanfi, Esq.
Attorney for Edward Voegele
19 Brookwood Avenue
Suite 106
Carlilse, PA 17013-9142
Andrew H. Shaw, Esquire
ROBINSON & GERALDO
ATTORNEY I.D. NO. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
Attorney for Plaintiff
I Edward D. Voegele and Donald S. Taylor
have an agreement of a lease purchase 2000
Freightliner Classic. Vin # 1FUPCS7BIYLB86496
As of July 1,2000. As ofJulyl, 2000 Donald
S. Taylor assumes all responsibility.
- Ed~var~J D. 9o~gq~e '~
- D0~Rf~S. Taylor
USF GLEN MOORE, INC. OWN-ER/OPERATOR
EQUIPMENT LEASE AGREEMENT
LEASE# 9292
USF Glen Moore, Inc., of Carlisle, Pennsylvania, a motor carrier holding operating authority in ICC DOCKET
NO. MC-192952 (hereafter "USF Glen Moore, Inc." or "Lessee") and DON S. TAYLOR of the motor vehicle
equipment described below and leased herein (hereafter "Lessor") hereby enter into and agree to be bound by the
Equipment Lease Agreement (hereafter "Lease") in accordance with the roles and regnlafions of the Intev~tate
Commerce Commission (ICC).
PARTIES: The parties to this lease are the parties indicated above and any of their agents, employees,
contractors, drivers, or successom-in-interest. Where applicable, the terms used herein shall have the
meaning ascribed by the ICC in 49 C.F.R. 1057.2. The parties agree that any of their agents or other
representatives to whom this Lease is entrusted are hereby duly authorized to sign and perform this Lease
on behalf of their respective parties.
COPIES: This lease shall be signed and executed in at lease three (3) copies, each of which shall be
considered an original. One executed copy (known as the lessee- carrier's copy) shall be retained by USF
Glen Moore, Inc. One executed copy (known as the Lessor's copy) shall be retained by Lessor. One
executed copy (known as the equipment copy) shall be carried on the leased equipment during the period of
this lease, unless a certification statement is carded on the equipment instead, pursuant to 49 C.F.R.
1057. I 1 (c)(2).
EQUIPMENT TO BE LEASED: For and in consideration of the agreed rental and the covenants, terms
and conditions set forth herein, Lessor hereby leased to USF Glen Moore, Inc., and USF Glen Moore, Inc.
hereby rents, hires and lets from Lessor the motor vehicle equipment described in Appendix C. Lessor
warrants to USF Glen Moore, Inc., that the equipment described in Appendix C is not subject to any
existing lease, that Lessor is the "owner" of the equipment within the meaning of 49 C.F.R. 1057.2 (d), and
that Lessor has full and complete legal right and authority to lease such equipment pursuant to the terms of
this lease.
QUALIFACATION OF LESSOR: In order to be qualified to perform the required services pursuant to this
Lease, Lessor shall maintain and provide Lessee, upon request, with adequate proof of the following
(a) Ownership and title of the equipment described in Appendix C, or Lessors fight to exclusive use
of
such equipment for a period longer than 30 days.
(b) State certification and commercial drivels license authorizing Lessor or his driver to operate and
use the equipment described in Appendix C.
(c) Insurance in the type amount specified in this Lease; end Financial statements and/or other related
documents establishing Lessor's financial responsibility and ability to conduct his business;
(d) Results of drag and alcohol tests for each driver and operator of the equipment leased hereunder,
given pursuant to Section 10 (e) of this Lease, indicating negative results of such test. Any
operator for whom such drug and alcohol test produces a positive finding, shall not be qualified to
operate the lensed equipment, and the services of such driver or operator will not be accepted by USF
Glen Moore, Inc.
RECEIPTS AND RECORDS: Upon taking possession of the equipment, USF Glen Moore, Inc. shall
furnish Lessor with a receipt for such possession stating the date and time of day when possession of the
equipment is taken by USF Glen Moore, Inc., and identifying the equipment to be leased. The receipt may
be transmitted of communication. When USF Glen Moore, Inc. surrenders possession of the equipment to
Lessor upon termination of this Lense, Lessor shall furnish a similar receipt to USF Glen Moore, Inc.,
identifying the equipment and the date and time of day when possession thereof wns returned to Lessor.
This receipt may be transmitted to USF Glen Moore, Inc.by mail, telegraph, or other similar means of
communication. USF Glen Moore, Inc. shall maintain those records regarding the leased equipment
requirad by 49 C.F.R. 1057.11 (d).
IDENTIFICATION OF EQUIPMENT:
(a)
During the period of this lease, the leased equipment shall be marked to identify USF Glen Moore,
Inc. as the operating carrier in accordance with 49 C.F.R. 1057.11 (C) and 1058. USF Glen
Moore, Inc. agrees to fimaish such identification for equipment to Lessor, and Lessor agrees to
display such identification thereon in the manner required by all applicable laws and regulations.
Co)
When the equipment is not in actual and authorized use for USF Glen Moore, Inc., Lessor agrees
to remove fi.om the lensed equipment, all signs, placards, and identification devices displaying
USF Glen Moore, Inc. name and ICC deeket number. Moreover, upon termination of the Lease,
Lessor shall also return to USF Glen Moore, Inc., all other property (such ns, bm not limited to,
permits and authority packets) furnished by USF Glen Moore, Inc. to Lessor. Such identification
devices and other property of the Lense at Lessors expense by fu-st-clnss mail, postage prepaid. As
provided in Section 12 (c), and hereof, the return of all identification devices is a condition
precedent to final payment to Lessor and to the return of the escrow fund.
DURATION OF LEASE AGREEMENT:
(a) This Lense shall commence on the "effective date and horn" specified in the final paragraph
hereof, and shall continue in effect until termination in the manner described below.
Co)
After this Lense has been in effect for 30 days, it may be terminated by either party on ten (10)
days' notice, by mailing or delivering to the other party two copies of a written notice of
termination (except that USF Glen Moore, Inc., may terminate this Lense sooner for breach, ns
described below). Termination shall be effective either upon the 11 th day after receipt of the
termination notice, or at such later date ns may be specified in the notice, or at such later date ns
may be specified in the notice. The party receiving notice of termination shall receipt the eupy of
such notice and return such receipted copy to the other party.
(c)
Any use of the equipment outside the scope of this Lense by Lessor. is a specifically designated
breach which automatically terminates this Lease and ends responsibility for the leased equipment,
unless otherwise agreed in writing by USF Glen Moore, Inc.
(d)
The lessee may terminate this Lense immediately by oral communication (followed by written
confirmation within 30 days) for any of the following rensons, each of which constitutes a breach
of this Lease: (1) Lessors failure to furnish the equipment described in Appendix C or keep such
equipment in good operating condition in accordance with all appropriate safety requirements,
including those of the U.S. Department of Trauspormtion (DOT); (2) Lessor's
failure to make available at all times a competent driver, properly qualified under DOT, state and
other safety regulations; (3) Lessors failure to comply vfith rensonable requests by USF Glen
Moore, Inc. for adjustment of equipment necessary to render useful or effective service, including
furnishing necessary supplemental equipment; (4) the less, damage, destruction, or theft ora
10.
nailer being operated by, or in the possession of Lassor; and (5) violation of any covenant or
other provision of this Lease.
PURPOSE AND OPERATIONS:
(a)
It is understood that, during the term of this Lease, USF Glen Moore, Inc. shall have exclusive
possession, control and use of the leased equipment, and that USF Glen Moore, Inc. assumes
complete responsibility for its operation during such term, to the extent required by 49 C.F.R.
1057.12 (c).
(b)
Lessor agrees to follow the instructions of USF Glen Moore, Inc., regarding the use of the leased
equipment during the term of this Lease, and to indemnify USF Glen Moore, Inc., against any
liability resulting fxom the use of the equipment leased herein, as more fully described in Section
15 below.
(e)
The performance of this Lease shall be in accordance with all laws, regulations and requirements
of the ICC, DOT and all other appropriate public bodies (hereinai~er collectively referred to
"governmental regulations"). Lessor shall comply and shall cause its driver to comply with all
governmental regulations, and Lessor agrees to indemnify USF Glen Moore, Inc. against and to
hold USF Glen Moore, Inc., hamaless for any violations of such regulations.
(d)
Lessor shall report all accidents, claims, losses, damages, shortages, over-weights, or overages to
USF Glen Moore, Inc. immediately, and shall provide USF Glen Moore, Inc. with all written
reports affidw.4ts, or other assistance as may be necessary to investigate, settle or adjudicate such
(e)
Lessor agrees to operate the equipment form origin to destination over Lessor's choice of legal
routes. Lessor expressly agrees to make timely and safe deliveries of ail loads, and also agrees to
notify USF Glen Moore, Inc. when delivery has been made or when delivery will be delayed for
any reason. Should Lessor for any reason fail to complete delivery of a load accepted, USF Glen
Moore, Inc. may arrange for completion of such delivery at Leasor's expense, and completion of
the trip involved in order to reduce or limit USF Glen Moore, Inc's. liability. Lessor hereby
waives any recourse against USF Glen Moore, Inc. in such aaion and agrees to reimburse USF
Glen Moore, Inc. for any cost and expense arising out of completion of such trip and to pay USF
Glen Moore, Inc. any damages for which USF Glen Moore, Inc. may be liable to the shipper or
others arising out of Lessors failure to complete the trip.
ASSIGNMENT AND SUBLEASING: Neither party may assign this Lease. However, during the term of
this Lease, USF Glen Moore, Inc. shall have the right to sublease the equipment as if it were the owner of
such equipment, and USF Glen Moore, Inc. shall be relieved of exeinsive possession, responsibility and
control over the leased equipment during the period of any such sublease.
COST OF OPERATION:
(a)
Lessor agrees to deliver to USF Glen Moore, Inc., the lease equipment in good running order and
condition, and to maintain the equipment, at Lessor's own expense, in good working condition,
furnishing all necessary items (such as oil, fuel, tires, parts, supplies, and repairs for the operation
of said equipment. Lessor further agrees to keep the equipment clean and to comply at its own
expense with all safety and other requirements mandated by any pertinent governmental
regulations. Lessor shall, at its own expense, immediately make such mechanical correefian or
other adjustments and repairs as are necessary for the equipment's proper operations. USF Glen
Moore, Inc. has the right to inspect the equipment at any time.
Co)
Lessor shall be responsible to pay for ail other costs of operation of the equipment which are not
specifically required herein to be paid by USF Glen Moore, Inc. Such operational costs to be
borne by Lessor include, without limitation: fuel and fuel taxes; weight tickets; tolls; fares; base
11.
(c)
plates and licenses; detention and accessorial services; any unused portions of the foregoing items;
maintenance and repair costs; wages and remuneration of operators, drivers and helpers, including,
but not limited to, overtime and bonuses; personal injury and property damage insurance relating
to the equipment as further described in Section 14 below;, workers' compensation premiums,
unemployment insurance, social security payments or other simiJar insurance; taxes or benefits
relating to the operators, drivers and helpers; axle, weight and other taxes, fees, charges,
assessments or exactions relating to the equipment, including mileage and highway taxes and all
reports connected with such matters; liability for property damage and personal injury exceeding
the scope of insurance coverage; and, except as otherwise provided in this section 10 Co), all fines
and penalties arising out of the use of such equipment. Except when the violation results from the
acts or omissions of Lessor, USF Glen Moore, Inc. shall assume the risks and cost of fines for
overweight and oversize t~'allers when the trailers are preloaded, sealed, or the load is
containerized, or when the trailer or lading is otherwise outside of Lessor's canu-ol, and for
improperly permitted over-dimension and overweight loads and shall reimburse Lessor for any
~'mes paid by Lessor. Lessor should weigh equipment at nearest set of scales to be sure that axle
and gross weights meet prescribed weights by local, state and federal regulations, or be authorized
by a USF Glen Moore, Inc. dispatcher to continue to continue hip.
Lessor shall furnish, at its own expense, the drivers and other personnel necessary to operate the
equipment leased herein. Such drivers and other personnel shall be exclusively the employees of
lessor, shall be at lease 21 years of age, have proper operators' licenses, and shall be in compliance
with all Federal and State regula~ry requirements pertaining to physical examinations and drivers
test. Lessor further agrees to keep records of and pay all taxes, payroll deductions and insurance
premiums relating to such drivers and personnel (including, but not limited to, all social security
taxes, sickness and accident taxes, insurance premiums, and other payroll withholding and similar
deductions or taxes ). Subject to USF Glen Moore, inc.'s obligations under pertinent
governmental regulations, all drivers, helpers or other personnel engaged by Lessor in the
performance of Leasor's obligations under this Lease shall be solely under the control and
direction of Lessor. Lessor further represents that the drivers and operators furnished for the
equipment are familiar with, and will obey, all applicable governmental regulations; that the
drivers and operators will cooperate with USF Glen Moore, Inc. in complying with all
governmental regulations and providing a complete tra~portation serve; that the drivers and
operators will take such tests as may be prescribed by USF Glen Moore, Inc., including, but not
limited to, screening for the presence of drugs and/or alcohol and cooperate in such tests and in
such safety and h~ining programs as may be administered by USF Glen Moore, Inc.; and that
Lessor or its employees will promptly file with USF Glen Moore, Inc., all log sheets, physical
examination certificates, accident reports, copies of workers' compensation insurance policies, and
other reports, documents and data required by law or by USF Glen Moore, Inc. At the
commencement of this Lease, Lessor shall provide USF Glen Moore, Inc., with the Certificate of
Driver Qualification and Hours of Service Certification for the leased driver.
USF Glen Moore, Inc. will supply all permits to Lessor at the inception of the Lease, and will
deduct the cost of said permits (See Appendix B). Upon termination of th/s lease, Lessor shall
return all permits (transferable and non-transferable) to the Lease.
COMPENSATION:
(a)
USF Glen Moore, Inc. agrees to pay Lessor for the rental, use and operation of the equipment
leased herein, compensation as provided in Appendix A which is attached hereto and made a part
hereof, less charges and deductions as provided in this agreement. Where the Lessor's equipment
is used in lease intemhimge operations with other carriers, all payments made to other carriers, all
payments made to other carriers in connection with that use shall be deducted from the Lessor's
compensation.
CO) It is expressly understood that USF Glen Moore, Inc. does not guarantee Lessor any amount of
freight for transportation during any period of time
12.
13.
14.
SETTLEMENT:
Payments by USF Glen Moore, Inc. to Lessor for the use and operation of the leased equipment in
a trip in the service of USF Glen Moore, Inc. shall be made w/thin ten (10) days after submission
to USF Glen Moore, Inc. of driver log books required by DOT and documents necessary to secure
payment from the shipper, including bills of lading (to which exceptions have been taken) or
shipping orders; signed delivery receipts; and any specific documents required by the shipper. In
addition, after completion of each trip in the service of USF Glen Moore, Inc., Lessor shall submit
to USF Glen Moore, Inc., all interchange papers; fuel purchase receipts; damage ~ports; state or
federal inspection repons; accident ~ports; driver daily vehicle condition
reports; weight slips; trip manifests; toil receipts; detentior~ mileage, and log report; and any other
reports required by governmental regulation.
(b)
Upon termination of the Lease, as a condition precedent to final payment, Lessor shall remove
from the equipment, and return to USF Glen Moore, Inc., all equipment identification devices of
USF Glen Moore, Inc. as provided in Section 6 Co) of this Lease. If the identification devices have
been lost or stolen, a letter from Lessor certifying the removal of such devices from the equipment
w/fi satisfy this requirement. Until this requirement is satisfied, USF Glen Moore, Inc. may
w/thhold final payment.
CHARGE BACKS: USF Glen Moore, Inc. expressly reserves its tight under C.F.IL. 1057.12 Co) to
initially pay any of the expenses which are Lessor's responsibility under this Lease, subject to USF Glen
Moore, Inc.'s right to deduct such prepaid items from Lessor's compensation. Lessor hereby authorizes
USF Glen Moore, Inc. to make deductions each week from rental charges to be paid Lessor for any monies
authorized and/or expended by USF Glen Moore, Inc. on behalf of Lessor including, but not limited to,
license tags, vehicle registration and title fees, permits, cash advances, equipment, repairs, fuel loan
payment, all insurance payments (including, for example, but not limited to liability, medical and worker'
compensation), trailer or other equipment rental fees, tax stickers, and tractor payments. USF Glen Moore,
Inc. will deduct $1,000.00 from settlement for deductible on physical damage on trailers and $1,000.00 for
cargo insurance deductible. The amount of the expense charged back to Lessor shall be the amount which
USF Glen Moore, Inc. was required to pay or advance. USF Glen Moore, Inc. shall provide Lessor with a
written explanation and with copies of those documents which are necessary to determine the validity of
the deductions. Any such payments by USF Glen Moore, Inc. on behalf of Lessor, shall be repaid in full by
Lessor w/thin th/rty (30) days, shall be paid by Lessor.
INSUILMNCE AND RESPONSIBILITY:
(a)
USF Glen Moore, Inc. shall maintain insurance coverage for the protection of the public pursuant
to and in the amounts required by Interstate Commerce Commission regulations promulgated
under 49 U.S.C.
10927. USF Glen Moore, Inc. shall secure such insurance, shall maintain the insurance in its own
name, shall be responsible for paying the premiums on such insurance, and shall file evidence of
such insurance with the Interstate Commerce Commission.
CO)
USF Glen Moore, Inc. shall be named as an Additional Insured under Insurance Service Office
from No. CA 23 12 (TRUCKER'S - Named Lessee as Insured) with respect to all insurance
obtained by Lessor in connection with this Lease. Lessor shall furnish USF Glen Moore, Inc. w/th
Certificates of Insurance evidencing this insurance and stating that coverage cannot be cancelled
or materially changed without thirty-days advance written notice to USF Glen Moore, Inc. Lessor
shall be responsible for physical damage, thef~ or loss to the leased equipment without regard to
the cause thereof. Lessor shall obtain and maintain statutory Workers' Compensation or other
insurance, and shall pay all costs thereof, relating to drivers or other persounel furnished in
connection with the leased equipment. A Certificate of Iusarance evidencing such coverage shall
be provided to USF Glen Moore, Inc.
15.
16.
17.
18.
19.
20.
(c) USF Glen Moore, Inc. reserves the right to make deductions from Lessors compensation for losses
arising out of Lessor's failure to maintain the required insurance. USF Glen Moore, Inc. will
furnish Lessor with a written itemized explanation of such deductions before deductions are made
for such losses.
(d) Nothing contained in this Section 14 shall be construed to in any way limit the liability of USF
Glen Moore, Inc. to the public in connection with the use of the leased equipment under this
lease.
INDEMNIFICATION: In addition to any and all other remedies provided under this Lease, Lessor
specifically agrees to indemnify USF Glen Moore, Inc. and hold USF Glen Moore, Inc. harmless, ffu'ough
deduction or payment, from any and all claims, suits, losses, fmcs, thefts, damages, liabilities, costs, or
other expenses arising out of, based upon, or incurred because of injury to any person or persons or damage
to any property sustained or which may be alleged to have been sustained in connection with this Lease or
as a result of the use of the leased equipment during the term of this Lease, including, but not limited to,
any violations of governmental regulations; loss or damage to cargo, equipment or other property; personal
injuries; workers' compensation claims; and the unauthorized use of the leased equipment. Additionally,
Lessor expressly releases and discharges USF Glen Moore, Inc. from any and all claims and liability
arising in connection with this Lease.
EQUIPMENT OR PRODUCTS: Lessor is not required to purchase or rent any products, equipment or
services from USF Glen Moore, Inc. as a condition to entering this Lease. However, iftbe Lessor is party
to an equipment purchase or rental contract which authorizes USF Glen Moore, Inc. to make deductions
from Lessor's rental payment, the material provisions of such conU'act will be set forth in an Appendix to
this Lease.
CONDUCT OF LESSOR: Lessor and/or its drivers shall conduct themselves in such a manner as to
preserve good relations with the public so as not to adversely affect the satisfactory performance of USF
Glen Moore, Inc.' s contracts with its customers. Failure to do so, will be considered a breach of this Lease
and can result, in the discretion of USF Glen Moore, Inc., in the termination of this Lease.
PERMITS AND DECALS: At the termination of the Lease, USF Glen Moore, Inc. requests the return of
all equipment identification devices and other property (such as, but not limited to, trailers, permits,
placards and authority packets) furnished by USF Glen Moore, Inc. to Lessor pursuant to Section 6 of this
Lease. Lessor pays all of the expenses end liability for which it is liable hereunder and returns all
equipment identification devices and other USF Glen Moore, Inc. property to USF Glen Moore, Inc. or
final settlement may be held.
COLLECTIONS AND REMITTANCES: In the event Lessor is required to collect monies due USF Glen
Moore, Inc. for ~ransportation of commodities, Lessor will collect the same by ce~ified check or money
order payable to USF Glen Moore, Inc. together with any nad all charges arising out of or in oounectien
with said transportation in accordance with the bill of lading, shipping contract, or other written instructions
covering each shipment transported hereunder. Lessor will remit all collected monies together with
properly signed bills of lading and inventories to USF Glen Moore, Inc. no later than twenty-four (24)
hours after making collection. Lessor is not authorized to extend credit or make any adjusmaents in any of
the terms of collection except upon prior written authorization from USF Glen Moore, Inc. Lessor agrees
that no shipments hereunder will be delivered until all C.O.D. charges have been collected by certified
check Or money order unless otherwise instructed by USF Glen Moore, Inc. Any losses resulting from
theft, default or failure by drivers of other employees of Lessor relative to the return and transmittal or
monies so collected shall be borne solely by the Lessor.
INDEPENDENT CONTRACTOR RELATIONSHIP:
(a) It is the iniention of the parties to this Lease that Lessor shall be and remain an independent
contractor. Nothing herein contained shall be construed as inconsistent with that status. Neither
Lessor nor the employees, agents, or servants of USF Glen Moore, Inc. at any time, under any
21.
22.
23.
circumstances, or for any purpose, nor shall any obligations imposed on USF Glen Moore, Inc. by
operation of any federal, state, or local lag' be deemed to in any way alter the independent
contractor status of Lessor and its employees, agents, or servants.
(b) Subject to the reqnirement of the ICC and DOT and of any state regnlatorY agency having
jurisdiction, Lessor shall be solely responsible for the direction and control of the employees,
agents and servants of Lessor, inch,ding selecting, hiring, firing, supervising, directing, assigning
work, setting wages and hours and working conditions, paying, and adjusting grievances of such
employees, agents and servants. It is the intent of this Section to reaffirm that while Lessor shall
be required to meet all obligations assumed hereunder, Lessor is entitled to exercise the
discretion and judgement of an independent contractor in determining the methods to be used in so
doing.
(c) Lessor shall indemnify and save USF Glen Moore, Inc. harmless from any liability for wages or
benefits for Lassofs employees, agents or servants, and for any costs or expenses of, liability
whatsoever to, laws, workers' compensation laws or any other state or federal law applicable to
employees or employers, or otherv,-ise.
SATELLITE SECURITY DEPOSIT:
(a) Lessee may, in its sole discretion and for the establishmant of a damage fund, deduct from the
first and second settlement to Lessor under this Lease, the ~mi'aimunl of $400.00 for each piece of
equipment listed on Appendix B and leased hereunder. (See Appendix B)
(b) Reserve for Repahs (optional) - $100.00 per week for 25 weeks.
(c) The ennditions the Lessor must fiflfilt in order to have the escrow fund returned upon termination
of the Lease are:
(i) Return of all non4ransferable and u'ansferable fuel permits for the leased equipment;
(ii) Return to Lessee of all signs, placards, equipment devices, permits, decals, plates,
satellite
communications, equipment including components necessary for its operation, authority
packets, and other documents and property belonging to Lessee; and At the time of the
execution of such release, and the termination of this Lease, Lessee may deduct from the
escrow fund monies for those obligations incurred by the Lessor which have been
previously specified in this Lease, and shall provide a final accounting to the Lessor of all
such final deductions made to the escrow fund. Lessee agrees that in no event shall the
escrow be returned no later than forty-five (45) days from the date of ~rmination of this
Lease. After final settlement has been made, any charges which may arise or become due
which are the respensibiliry of the Lessor under this Lease will become this liability of
the Lessor.
SAVINGS AND SEPARABILITY CLAUSE: Should any provision of this Lease be rendered or declared
invalid by reason of an existing or subsequently enacted legislation or by reason of any decree of a court of
competent jurisdiction, such invalidation of such portion or portions shall remain in full force and effect.
EFFECTIVE DATE AND HOURS: In Wimess Whereof, USF Glen Moore, Inc. and Lessor have read and
understood the terms and conditions contaiaed herein and hereby sign this Lease th IST day of JULY,
2000, at 0800 HOURS which date and hour shall be the EFFECTIVE DATE AND HOUR of this Lease
(and which shall coincide with the giving of USF Glen Moore, Inc.'s Equipment Receipts).
USF GLEN MOORE, INC.
POST OFFICE BOX 760
LESSOR'S NAME: DON S. TAYLOR
ADDRESS: 437 MEADOW LANE
CARLISLE, PENNSYLVANIA 17013
SHERMANSDALE, PA 17090
TELEPHONEg
(717) 582-4572
D~N~S. TAYLOR
OWNER
APPENDIX A
COMPENSATION
UNIT #: 9292
OWNER: DON S. TAYLOR
$.80 Per Mile For All Miles Traveled Under Dispatch Based On USF Glen Moore Iuc.'s most current version of PC
MILER in its' possession.
$20.00 Per stop after the first stop offunder the same load #
Driver will be compensated for hand loading or unlo~cllng at the rate that is received and approved by either the
shipper or consignee, and dispatch.
APPENDIX "B'
USF GLEN MOORE, INC.
INDEPENDENT CON'I'RACT OPERATING AGREEMENT
WEEKLY SCgr~DULE FOR DEDUCTIONS
Unit #:
Owner/Operator Name:
Address:
Phone #:
VIN #:
Cell Phone/Beeper #:
Year: Make: Model:
Social Security #: Federal ID #:
*Contractor, please initial to authorize weekly deductions.
Initial Type of Deduction
Lease Payment
Tags
Permits
Satellite Security Deposit
Fuel Card
Fuel Taxes
Physical Damage
Bobtail Liability
Occupational Accident
Reserve for Repairs
Heavy Vehicle Usage Tax
Dental Insurance - Employee Only
Dental Insurance - Family
Health Insurance - Employee Only
Health Insurance - Employee/Child
Health Insurance - Employee/Spouse
Health Insurance - Family
Amount
$ Weekly
$. Divided by 52 Weeks
$402.00 divided by 52 Weeks
$400.00 ($25.00/wk until $400.00 is paid)
Varies Weekly
$25.00/Week
3.1% of Value of Unit
$8.00AVeek
$29.50/Week
$100.00/Week for 25 Weeks
$550.00 Divided by 52 Weeks
$4.00/Week
$11.00/Week
$37.69/Week
$67.84AVeek
$ 82.91/Week
$107.04/Week
I hereby agree to the above deductions.
Signed: Date:
APPENDIX "C'
LESSOWS RIGHT TO EXCLUSIVE USE
O-D UNIT# 9292
OWNER: DON S. TAYLOR
ADDRESS: 437 MEADOW LANE
SHERMANDALE, PA 17090
PHONF~: (717) 582-4572
DATE OF BIRTH: 02-27-56
FEDID#:
SOC.SEC#:
196 ~ 1767
EQUIPMENT INFORMATION:
YEAR: 2000 MAKE: FREIGHTLINER
VIN0: 1FUPCSZBIYLB86496
GROSS WEIGHT: 80,000 UNLADEN WEIGHT:
TAG0:
18,000
STATE: PENNSYLVANIA
I Edward D. Voegele and Donald S. Taylor
have an agreement of a lease pumhase 2000
Freightliner Classic. Vin # 1FUPCS7BIYLB86496
As of July 1,2000. As of Julyl, 2000 Donald
S. Taylor assumes all responsibility.
D~hald S. Taylor
LAW OFFICE OF MICHAEL J. HANFT
ATTORNEYS &~C--O_I~ELI.ORS AT LAW
19 BROOKWOOD AVENUE SUIT[ 106 CARLISLE, PA 17013 9142
717.249.5373 I~AX 717,249.0457 WWW. HANFTiAWFiRM.COM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE,
Defendant
No: 01-6383
CiVIL ACTION - LAW
ACCEPTANCE OF SERVICE
I, Michael J. Hanf~, Esquire, attorney for the Defendant, hereby agree on behalf of my client
to accept service of Complaint filed on November 9, 2001 in the above-referenced matter and I
hereby further certify that I am authorized to do so.
LAW OFFICE OF MICHAEL J. HANFT
Attorney I.D. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
Attorney for Defendant
Date: November 12, 2001
SHERIFF'S RETURN -
CASE NO: 2001-06383 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TAYLOR DONALD
VS
VOEGELE EDWARD ET AL
REGULAR
SHAWN HARRISON Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
USF GLEN MOORE INC the
DEFENDANT , at 1345:00 HOURS,
at 1711 SHEARER DRIVE
CARLISLE, PA 17013
ARTHUR CARIGNAN
on the 9th day of November , 2001
by handing to
VICE PRESIDENT OF OPERATIONS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.25
Affidavit .00
Surcharge 10.00
.00
31.25
Sworn and Subscribed to before
me this 2~ ~ day of
~ ~er.; ! A.D.
I / Prothonotary z ,- ·
So Answers:
R. Thomas Kline
ll/13/2001
ROBINSONBy
~k~eri f f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.,
Defendants
CIVIL ACTION - LAW
No. 01-6383 CIVIL TERM
NOTICE TO PLEAD
TO: DONALD TAYLOR and his attorney, ANDREW H. SHAW, ESQUIRE
You are hereby notified to plead to the attached Preliminary Objections within twenty
(20) days from service hereof or a default judgment may be entered against you.
LAW OFFICE OF MICHAEL J. HANFT
Date: November 29, 2001
~it o~'l{ma ;ly Ji. DH.~ o'. 5~¢76
Lindsay D. Gingrich, Esquire
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorney for Defendant, Edward Voegele
DONALD TAYLOR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EDWARD VOEGELE and USF GLEN
MOORE, INC.,
Defendants
CIVIL ACTION - LAW
No. 01-6383 CIVIL TERM
PRELIMINARY OBJECTIONS OF DEFENDANT EDWARD VOEGE!,E
TO PLAINTIFF'S COMPLAINT
AND NOW, this 29th day of November, 2001, comes the Defendant, Edward Voegele
(hereinafter "Defendant Voegele"), by and through his attorneys, the Law Office of Michael J.
Hanft, and files the following Preliminary Objections to Plaintiff's Complaint, and in support
hereof, avers as follows:
PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER
1. On or about November 9, 2001, PlaintiffDonald Taylor (hereinafter "Plaintiff'),
filed a Complaint in the above-referenced action. A copy of Plaintiff's Complaint is attached
hereto as Exhibit "A".
2. Paragraphs 5 and 6 of Plaintiff's Complaint allege that a written "Contract" was
entered into between Plaintiff and Defendant Voegele relating to the lease-purchase of a "year
2000 model Freightliner Classic motor vehicle."
3. A copy of the alleged "Contract" is attached to Plaintiff's Complaint as Exhibit
4. The alleged "Contract," attached to Plaintiff's Complaint as Exhibit "A," merely
memorializes that the parties had "an agreement of a lease purchase 2000 Freightliner Classic.
Vin # 1FUPCS7BIYLB86496;" however, the alleged "Contract" fails to state the terms or
mounts for repayment, nor does it state a sale price.
5. Plaintiff's Complaint fails to state a cause of action because as a matter of law, the
document which Plaintiff refers to as the "Contract" is legally insufficient and Plaintiff failed to
either produce a written Contract or enumerate the terms of an oral contract.
WHEREFORE, Defendant, Edward Voegele, respectfully requests that Plaintiff's
Complaint be stricken because the document that Plaintiff alleged was a "Contract" is not legally
sufficient to be a contract.
PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER
6. Paragraphs 1 through 5 above are incorporated by reference as if fully set forth
herein.
7. Paragraph 7 of Plaintiff's Complaint states that Plaintiff"substantially performed
under the terms of the Contract by making the agreed-upon monthly payments for the motor
vehicle."
8. There are no terms enumerated in the document attached to Plaintiff's Complaint
as Exhibit "A," and which Plaintiffhas labeled "Contract."
9. Plaintiff's Complaint fails to state a cause of action against Defendant Voegele
because Plaintiffhas failed to enumerate any agreement between himself and Defendant Voegele,
and Plaintiff has failed to produce the terms of any contract between Plaintiff and Defendant
Voegele.
WHEREFORE, Defendant Edward Voegele respectfully requests that Plaintiff's
Complaint be stricken because Plaintiff has enumerated none of the alleged agreed-to terms
under the contract.
PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A
herein.
10.
MORE SPECIFIC COMPLAINT
Paragraphs 1 through 9 above are incorporated by reference as if fully set forth
11. Paragraphs 5 and 6 of Plaintiff's Complaint allege that Plaintiff and Defendant
Voegele entered into a written contract for the lease purchase of a "year 2000 model Freightliner
Classic motor vehicle."
12. The document attached to Plaintiffs Complaint, which Plaintiffrefers to as a
"Contract," is legally and factually insufficient to form a contract.
13. Paragraph 7 of Plaintiff's Complaint alleges that Plaintiff"substantially performed
under the terms of the Contract by making the agreed-upon monthly payments for the Motor
Vehicle."
14.
Plaintiff failed to indicate what the terms of the alleged contract were and/or how
Plaintiff allegedly "substantially performed" under these so-called "terms".
15. Paragraphs 5 through 7 of Plaintiff's Complaint fail to set forth the material facts
on which Plaintiffs cause of action is based, which is in contravention to Pa. R.C.P. 1019(a).
WHEREFORE, Defendant Edward Voegele moves this Honorable Court to strike
Plaintiffs Complaint or, in the alternative, order Plaintiff to file a more specific complaint.
herein.
PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER
16. Paragraphs 1 through 15 above are incorporated by reference as if fully set forth
17. Paragraph 12 of Plaintiff's Complaint states that Defendant Voegele "knowingly
and willingly invaded and interfered with the contractual relationship of Plaintiff and Glen
Moore for the purpose of promoting Voegele's own financial interest by stating to Glen Moore
that Plaintiff no longer had rightful possession of the Motor Vehicle".
18. Plaintiff has failed to offer any specific allegations that he had title to or "rightful
possession of' the vehicle.
19. Plaintiff has failed to allege any action by Defendant Voegele to support his claim
that Defendant Voegele "knowingly and willingly invaded and interfered with the contractual
relationship of Plaintiff and Glen Moore."
20. Plaintiff failed to state a claim upon which relief could be granted because
Defendant Voegele was and has, at all relevant times hereto remained, the rightful owner of the
Motor Vehicle and therefore, Defendant Voegele did not wrongfully interfere in Plaintiff's
contract with Glen Moore.
WHEREFORE, Defendant Voegele moves this Honorable Court to strike Count I of
Plaintiff's Complaint dealing with Defendant Voegele's alleged "intentional interference" with
Plaintiff and Defendant Glen Moore's contract.
PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER
21. Paragraphs 1 through 20 above are incorporated by reference as if fully set forth
herein.
22. Paragraphs 15 through 23 of Plaintiffs Complaint claim that Defendant Voegele
breached the "Contract" with Plaintiff by taking possession of the vehicle.
23. Plaintiffhas not offered any specific allegations of the terms of any "Contract"
Plaintiff may have had with Defendant Voegele.
24. Plaintiff has not offered evidence to prove that he had "rightful and legal
possession" of the vehicle.
25. Plaintiff failed to state a claim upon which relief could be granted because
Plaintiff has not alleged any terms of any "Contract" he may have had with Defendant Voegele,
nor has he proved that Defendant Voegele, the legal owner and record title-holder of the vehicle,
breached this alleged "Contract" by taking possession of the vehicle.
WHEREFORE, Defendant Voegele moves this Honorable Court to strike Count II of
Plaintiff's Complaint, dealing with Defendant Voegele's alleged breach of the alleged "Contract"
between Defendant Voegele and Plaintiff.
PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A
herein.
26.
MORE SPECIFIC COMPLAINT
Paragraphs 1 through 25 above are incorporated by reference as if fully set forth
27. Paragraph 16 of Plaintiff's Complaint states that "Plaintiffhas claimed rightful
and legal possession of the Motor Vehicle."
28. Plaintiff fails to allege how he obtained or claims to have obtained "rightful and
legal possession of the Motor Vehicle" when Defendant is, and at all times relevant hereto has
been, the record title-holder of the vehicle.
29. Paragraph 17 through 23 of Plaintiff's Complaint allege that Defendant Voegele
breached the "Contract" between Plaintiff and Defendant Voegele.
30. Plaintiff failed to allege the terms of any "Contract" between Plaintiff and
Defendant Voegele, nor has Plaintiff stated how Defendant Voegele allegedly breached any
"Contract."
WHEREFORE, Defendant Voegele moves this Honorable Court to dismiss Plaintiff's
Complaint or, in the alternative, order the Plaintiff to file a more specific Complaint.
PRELIMINARY OBJECTION FOR INCLUSION OF
SCANDALOUS OR IMPERTINENT MATTER
Paragraphs 1 through 30 above are incorporated by reference as if fully set forth
31.
herein.
32.
In his prayers for relief in Counts I and 1I of his Complaint, Plaintiffrequests
attorney's fees.
33. Plaintiff has failed to state a basis for this Honorable Court to award attorney's
fees.
WHEREFORE, Defendant Voegele requests that this Honorable Court dismiss Plaintiff's
prayer for relief in the form of attorney's fees.
PRELIMINARY OBJECTION IN THE NATURE OF A MOTION FOR A
34.
herein.
35.
MORE SPECIFIC COMPLAINT
Paragraphs 1 through 33 above are incorporated by reference as if fully set forth
In his prayers for relief in Counts I and II of his Complaint, Plaintiff requests
"other reasonable costs."
36. Plaintiff fails to enttmerate with any specificity what is being clmmed by other
reasonable costs."
WHEREFORE, Defendant Voegele requests this Honorable Court strike "other
reasonable costs" fi.om Plaintiff's prayers for relief.
Respectfully Submitted,
LAW OFFICE OF MICHAEL J. HANFT
Attomey I.D. No. 57976
Lindsay D. Gingrich, Esquire
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Defendant Edward Voegele
CERTIFICATE OF SERVICE
AND NOW, this 29th day of November, 2001, I, Michael J. Hanft, Esquire, hereby
certify that I have this day served the following person with a copy of the foregoing Preliminary
Objections, by depositing same in United States Mail, First Class, Postage Prepaid, addressed as
follows:
Andrew H. Shaw, Esquire
ROBINSON & GERALDO, P.C.
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
By:
LAW OFFICE OF MICHAEL J. HANFT
M~sq ~re~~
Attorney I.D. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Defendant Edward Voegele
Exhibit A
DONALD TAYLOR,
Plaintiff',
EDWARD VOEGELE and USF GLEN
MOORE, INC.,
Defendants.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
_.
CIVIL ACTION - LAW
;
;
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 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. Your are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
TROE COPY FROM RECORD
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his
Attorneys, Robinson & Geraldo, and files this COMPLAINT, and in support thereof states as
follows:
1. The Plaintiffis an adult individual residing at 437 Meadow Lane, Shermans Dale,
Perry County, Pennsylvania.
2. Defendant Edward Voegele (hereinafter "Voegele") is an adult individual residing
at 737 County Road 308, Cullman, Alabama 35057.
3. Defendant USF Glen Moore, Inc. (hereinafter "Glen Moore") is a Pennsylvania
corporation with a principal place of business located at 1711 Shearer Drive, Carlisle,
Cumberland County, Pennsylvania.
4. Voegele has a mailing address in Pennsylvania of 950 Walnut Bottom Road, Suite
203, Carlisle, Cumberland County, Pennsylvania.
5. On or about July 1, 2000 Plaintiff and Voegele entered into a written contract
(hereinafter "Contract"), termed a lease purchase agreement, for the purchase of a year 2000
model Freighfliner Classic motor vehicle (hereinafter "Motor Vehicle") (a copy of which is
attached hereto as "Exhibit A" and is incorporated by reference).
6. The Contract was executed in Cumberland County.
7. Plaintiff has substantially performed under the terms of the Contract by making
the agreed-upon monthly payments for the Motor Vehicle.
8. On or about July 1, 2000, Plaintiff and Glen Moore (hereinafter "Glen Moore")
entered into a lease agreement (hereinal~er "Lease") providing for compensation for use of
Plaintiff's Motor Vehicle (a copy of which is attached hereto as "Exhibit B" and is incorporated
by reference).
Count I - Intentional Interference With Contract
9. Plaintiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 8 as if fully set forth herein.
10. Voegele is not a party to the Lease between Plaintiff and Glen Moore.
11. Plaintiff generates approximately Five Thousand and 00/100 ($5,000) Dollars per
week in gross income from the lease with Glen Moore.
12. On or about September 7, 2001, Voegele knowingly and willfully invaded and
interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of
promoting Voegele's own financial interest by stating to Glen Moore that Plaintiff no longer had
rightful possession of the Motor Vehicle.
13. Upon notice from Voegele, Glen Moore immediately terminated the Lease.
14. Plaintiff has since been unable to use his Motor Vehicle in accordance with the
terms of the Lease.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Edward Voegele, for both compensatory and punitive damages, an
amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus attorney fees
and other reasonable costs.
Count II - Breach of Contract
15. Plaintiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 14 as if fully set forth herein.
16. At all times relevant to this matter, Plaintiff has claimed rightful and legal
possession of the Motor Vehicle.
17. On or about September 9, 2001, Plaintiff spoke with Voegele regarding a dispute
over the Contract, where Voegele requested possession of the Motor Vehicle due to Plaintiff
breaching the Contract.
18. During the conversation on September 9, 2001, Plaintiff refused to return
possession of the Motor Vehicle to Voegele, claiming that Plaintiff continued to have legal
possession of the Motor Vehicle because he had not breached the Contract.
19. Plaintiff continued to keep the Motor Vehicle on his premises and did not hold the
premises open to Voegele.
20. On or about October 4, 2001, Plaintiff returned to his residence and discovered
that the Motor Vehicle was missing.
21. The Motor Vehicle is now in Voegele's possession.
22. Voegele refuses to return possession of the Motor Vehicle to Plaintiff.
23. As a result of Voegele's actions on both September 7, 2001 and October 4, 2001,
Plaintiffhas been unable to commercially use the Motor Vehicle because the Motor Vehicle was
taken fi.om his possession.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Edward Voegele in an amount in excess of Twenty-Five Thousand
and 00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs. In the alternative,
Plaintiffrequests this Honorable Court to enter judgment in favor of the Plaintiffthrough specific
performance by requiring Voegele to return possession of the Motor Vehicle to Plaintiff.
.Count III-Breach of Contract
24. Plaintiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 23 as if fully set forth herein.
25. At all times relevant to these proceedings, Plaintiff has had a rightful and legal
interest in the possession of the Motor Vehicle.
26. At all times relevant to these proceedings, Plaintiff has substantially complied
with and fulfilled the terms of the Lease.
27. Glen Moore's actions on September 7, 2001, as stated above, violated the terms of
the Lease because Plaintiffhad full and complete legal right and authority to the Motor Vehicle.
28. Before terminating the Lease, Glen Moore never made a good faith effort to
determine whether Plaintiff still retained rightful possession of the Motor Vehicle.
29. Upon terminating the Lease, Glen Moore forwarded the payment for the week
ending September 8, 2001 to Voegele, which Plaintiffwas entitled to receive under the existing
Lease.
30. As a further result of Glen Moore's actions, Plaintiff has been unable to operate
his Motor Vehicle in accordance with the terms of the Lease, since the date of September 7, 2001
to the present.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Glen Moore in an amount in excess of Twenty-Five Thousand and
00/100 ($25,000.00) Dollars plus attorney fees and other reasonable costs.
Respectfully submitted:
ROBINSON & GERALDO
Andrew H. §h~w, Esquire-
ROBINSON & GERALDO
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 171 l0
(717) 232-8525
Attomey for Plaintiff
VERIFICATION.
I verify that the statements made in this Complaint am true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to un_sworn falsification to authorities.
onal~
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:
: NO.
:
CIVIL ACTION - LAW
:
:
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 9th day of November, 2001, I
mused a tree and correct copy of the COMPLAINT to be served upon the following individual
by first class, by depositing same in the United States, postage prepaid, at Harrisburg,
Pennsylvania.
Michael J. Hanfi, Esq.
Attorney for Edward Voegele
19 Brookwood Avenue
Suite 106
Carlilse, PA 17013-9142
Andrew H. Shaw, Esquire
ROBINSON & GERALDO
ATTORNEY I.D. NO. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
Attorney for Plaintiff
I Edward D. Voegele and Donald S. Taylor
have an agreement of a lease purchase 2000
Freightliner Classic. Vin # lFUPCS7BIYLB86496
As of July 1,2000. As of July 1,2000 Donald
S: Taylor assumes all responsibility.
DOO~aI~S. Taylor
USF GLEN MOORE, 13[C. OWNER]OPERATOR
EQUIPMENT LEASE AGREEMENT
LEASE# 9292
USF Glen Moore, Inc., of Carlisle, Pennsylvania, a motor carrier holding operating authority in ICC DOCKET
NO. MC-192952 (hereafter "USF Glen Moore, Inc." or "Lessee") and DON S. TAYLOR of the motor vehicle
equipment described below and leased herein (hereafter "Lessor") hereby enter into and agree to be bound by the
Equipment Lease Agreement (hereafter "Lease") ia accordance with the rules and regulations of the Interstate
Commerce Commission C/CC).
PARTIES: The parties to this lease are the parties indicated above and any of their agents, employees,
contractors, drivers, or successors-ia-interest. Where applicable, the terms used herein shall have the
meaning ascribed by the ICC in 49 C.F.tL 1057.2. The parties agree that any of their agents or other
representatives to whom this Lease is entrusted are hereby duly authorized to sign and perform this Lease
on behalf of theh- respective parties.
COPIES: This lease shall be signed and executed ia at lease three (3) copies, each of which shall be
considered an original. One executed copy (known as the lessee- carrier's copy) shall be retained by USF
Glen Moore, Inc. One executed copy (known as the Lessors copy) shall be retained by Lessor. One
executed copy (known as the equipment copy) shall be carried on the leased equipment during the period of
th.is lease, un/ess a certification statement is carried on the equipment instead, pursuant to 49 C.F.1L
1057.11 (c)(2).
EQUIPMENT TO BE LEASED: For and in consideration of the agreed rental and the covenants, terms
and conditions set forth herein, Lessor hereby leased to USF Glen Moore, Inc., and USF Glen Moore, Inc.
hereby rents, hires and lets from Lessor the motor vehicle equipment described in Appendix C. Lessor
warrants to USF Glen Moore, Inc., that the equipment described in Appendix C is not subject to any
existing lease, that Lessor is the "owner" of the equipment within the meaning of 49 C.F.IL 1057.2 (d), and
that Lessor has full and complete legal right and authority to lease such equipment pursuant to the terms of
this lease.
QUALIFACATION OF LESSOR: In order to be qualified to perform the required services pursuant to this
Lease, Lessor shall maintain and provide Lessee, upon request, with adequate proof of the following
(a) Ownership and title of the equipment described ia Appendix C, or Lessor's fight to exclusive use
of
such equipment for a period longer than 30 days.
Co) State certification and commercial dxiver's license authorizing Lessor or his driver to operate and
use the equipment described in Appendix C.
(c)
(d)
Ix~urance in the type amount specified in this Lease; and Financial statements and/or other related
documents establishing Lessor's financial responsibility and ability to conduct his business;
Results of drug and alcohol tests for each driver and operator of the equipment leased hereunder,
given pursuant to Section 10 (c) of this Lease, indicating negative results of such test. Any
EXHIBITB
operator for whom such drug and alcohol test produces a positive finding, shall not be qualified to
operate the leased equipment, and the services of such driver or operator will not be accepted bY USF
Glen Moore, Inc.
RECEIPTS AND RECORDS: Upon taking possession of the equipment, USF Glen Moore,/nc. shall
furnish Lessor with a receipt for such possession sating the date and time of day when possession of the
equipment is taken by USF Glen Moore,/nc., and identifying the equipment to be leased. The receipt may
be Uaesmitted of communication. When USF Glen Moore,/nc. surrenders possession of the equipment to
Lessor upon termination ofth/s Lease, Lessor shall furnish a similar receipt to USF Glen Moore,/nc.,
identifying the equipment and the date and time of day when possession thereof was returned to Lessor.
This receipt may be transmitted to USF Glen Moore, lnc.by mail, telegraph, or other similar means of
communication. USF Glen Moore, Inc. shall maintain those records regarding the leased equipment
required by 49 C.F.R. 1057.11 (d).
IDENTIFICATION OF EQUIPMENT:
(a) During the poHod of this lease, the leased equipment shall be marked to identify USF Glen Moore,
Inc. as the operating carrier in accordance with 49 C.F.R. 1057.11 (C) and 1058. USF Glen
Moore, Inc. agrees to furnish such identification for equipment to Lessor, and Lessor agrees to
display such identification thereon in the manner required by all applicable laws and regulations.
(b) When the equipment is not in actual and authorized use for USF Glen Moore, Inc., Lessor agrees
to remove from the leased equipment, all sigus, placards, md identification devices displaying
USF Glen Moore, Inc. name and ICC docket number. Moreover, upon termination of the Lease,
Lessor shall also return to USF Glen Moore, Inc., all other property (such as, but not limited to,
perraJts and authority packets) furnished by USF Glen Moore, Inc. to Lessor. Such identification
devices and other property of the Lease at Lessors expense by fast-class mail, postage prepaid. As
provided in Section 12 (c), and hereof, the return of all identification devices is a condition
precedent to final payment to Lessor and to the return of the escrow fund.
DURATION OF LEASE AGREEMENT:
(a)
(b)
(c)
(d)
This Lease shall commence on the "effective date and hour" specified in the final paragraph
hereof, and shall continue in effect until termination in the manner described below.
After this Lease has been in effect for 30 days, it may be terminated by either party on ten (10)
days' notice, by mailing or delivering to the other party m'o copies of a written notice of
termination (except that USF Glen Moore, Inc., may teminate this Lease sooner for breach, as
described below). Term/nation shall be effective either upon the 11 th day after receipt of the
termination notice, or at such later date as may be specified in the notice, or at such later date as
may be specified in the notice. The party receiving notice of termination shall receipt the copy of
such notice and return such receipted copy to the other party.
Any use of the equipment outside the scope of this Lease by Lessor. is a specifically designated
breach which automatically terminates this Lease and ends responsibility for the leased equipment,
unless otherwise agreed in writing by USF Glen Moore, Inc.
The lessee may terminate this Lease immediately by oral communication (followed by written
confirmation within 30 days) for any of the following reasons, each of which constitutes a breach
of this Lease: (1) Lessor's failure to furnish the equipment described in Appendix C or keep such
equipment in good operating condition in accordance with all appropriate safety requirements,
including those of the U.S. Department of Transportation (DOT); (2) Lessors
failure to make available at all times a competent driver, properly qualified under DOT, state and
other safety regulations; (3) Lessor's failure to comply with reasonable requests by USF Glen
Moore, Inc. for adjustment of equipment necessary, to render useful or effective service, including
furnishing necessary supplemental equipment; (4) the loss, damage, destruction, or theft of a
10.
trailer being operated by, or in the possession of Lessor; and ($) violation of any covenant or
other provision of this Lease.
PURPOSE AND OPERATIONS:
(a)
It is understood that, during the term of this Lease, USF Glen Moore, Inc. shall have exclusive
possession, control and nsc of the leased equipment, and that USF Glen Moore, Inc. assumes
complete respons~ility for its operation during such term, to the extent required by 49 C.F.R.
1057.12 (c).
(b)
Lessor agrees to follow the Instructiom of USF Glen Moore, Inc., regarding the nsc of the leased
equipment during the term of this Lease, and to indemnify USF Glen Moore, Inc., against any
liability resulting ~om the use of the equipment leased herein, as more fully described in Section
15 below.
(c)
The performance of this Lease shall be in accordance with all laws, regulations and requirements
of the ICC, DOT and all other appropriate public bodies (hereinafter collectively referred to
"governmental regulations"). Lessor shall comply and shall canse its driver to comply with all
governmental regulations, and Lessor agrees to indemnify USF Glen Moore, Inc. again.st and to
hold USF Glen Moore, Inc., harmless for any violations of such regulations.
Lessor shall report all accidents, claims, losses, damages, shortages, over-weights, or overages to
USF Glen Moore, Inc. immediately, and shall provide USF Glen Moore, Inc. with all written
reports affidax4ts, or other assistance as may be necessary to investigate, settle or adjudicate such
(e)
Lessor agrees to operate the equipment form origin to destination over Lessor% choice of legal
routes. Lessor expressly agrees to make timely and safe deliveries of all loads, and also agrees to
notify USF Glen Moore, Inc. when delivery has been made or when delivery will be delayed for
any reason. Should Lessor for any reason fail to complete delivery ora load accepted, USF Glen
Moore, Inc. may arrange for completion of such delivery at Lessors expense, and completion of
the nip involved in order to reduce or limit USF Glen Moore, I. ne's. liability. Lessor hereby
waives any recourse against USF Glen Moore, Inc. in such action and agrees to reimburse USF
Glen Moore, Inc. for any cost and expense arising out of completion of suer trip and to pay USF
Glen Moore, Inc. any damages for which USF Glen Moore, Inc. may be liable to the shipper or
others arising out of Lessor's failure to complete the ~p.
ASSIGNMENT AND SUBLEASING: Neither party may assign this Lease. However, during the term of
this Lease, USF Glen ,Moore, Inc. shall have the right to sublease the equipment as if it were the owner of
such equipment, and USF Glen Moore, Inc. shall be relieved of exclusive possession, responsibility and
control over ~he leased equipment during the period of any such sublease.
COST OF OPERATION:
Lessor agrees to deliver to USF Glen Moore, Inc., the lease equipment in good running order and
condition, and to maintain the equipment, at Lessors own expense, in good working condition,
furnishing all necessary items (such as oil, fuel, tires, parts, supplies, and repairs for the operation
of said equipment. Lessor further agrees to keep the equipment clean and to comply at its own
expense with all safety and other requirements mandated by any pertinent governmental
regulations. Lessor shall, at its own expense, immediately make such mechanical correction or
other adjustments and repairs as are neeassary for the equipment's proper operations. USF Glen
Moore, Inc. has the right to inspect the equipment at any time.
Lessor shall be responsible to pay for ail other costs of operation of the equipment which are not
specifically required herein to be paid by USF Glen Moore, Inc. Such operational costs to be
borne by Lessor include, without limitation: fuel and fuel taxes; weight tickets; tolls; fares; base
11.
pla!es and licenses; detention and accessorial services; any unused portions of the foregoing items;
mamtanance and repair costs; wages and remuneration of oporstors, drivers and helpers, including,
but not limited to, overtime and bonuses; personal injury and properly dan'age insurance relating
to the equipment as further described ia Section 14 below; workers' compensation premiums,
unemployment insurance, social secmity payments or other similar insurance; taxes or benefits
relating to the operators, drivers and helpers; axle, weight and other taxes, fees, charges,
assessments or exa~llons relating to the equipment, including mileage and highway taxes and all
reports connected with such matters; liability for property damage and personal injury exceeding
the scope of insurance coverage; and, except as otherwise provided in this section 10 (b), all fines
and penalties arising out of the use of such equipment. Except when the violation results bom the
acts or omissions of Lessor, USF Glen Moore, Inc. shall assume the risks and cost of fines for
overweight and oversize trailers when the trailers are preloaded, sealed, or the load is
containerized, or when the trailer or lading is otherwise outside of Lessor's cunu'ol, and for
improperly permitted over-dimension and overweight loads and shall reimburse Lessor for any
fines paid by Lessor. Lessor should weigh equipment at nearest set of scales to be sure that axle
and gross weights meet prescribed weights by local, state and federal regulations, or be authorized
by a USF Glen Moore, Inc. dispatcher to continue to continue trip.
(c)
Lessor shall fiu'nish, at its own expense, the drivers and other personnel necessary to operate the
equipment leased herein. Such drivers and other personnel shall be exclusively the employees of
lessor, shall be at lease 21 years of age, have prope? operators' licenses, and shall be in compliance
with all Federal and State regulatory requirements pertaining to physical examinations and drivers
test. Lessor further agrees to keep records of and pay all taxes, payroll deductions and insurance
premiums relating to such drivers and personnel (including, but not limited to, all social security
taxes, sickness and accident taxes, insurance premiums, and other payroll withholding and similar
deductions or taxes ). Subject to USF Glen Moore, Inc.'s obligations under per~inent
governmental regulations, all drivers, helpers or other personnel engaged by Lessor in the
performance of Lessor's obligations under this Lease shall be solely under the con~rol and
direction of Lessor. Lessor further represents that the drivers and operators furnished for the
equipment are familiar with, and will obey, all applicable governmental regulations; that the
drivers and operators will cooperate with USF Glen Moore, Inc. ia complying with all
governmental regulations and providing a complete tmasportatiun serve; that the drivers and
operators will take such tests as may be prescffoed by USF Glen Moore, Inc., including, but not
limited to, screening for the presence of drugs and/or alcohol and cooperate in such tests and in
such safety and training programs as may be administered by USF Glen bloore, Inc.; and that
Lessor or its employees will promptly file with USF Glen Moore, lac., all log sheets, physical
examination certificates, accident reports, copies of workers' compensation insurance policies, and
other reports, documents and data required by law or by USF Glen Moore, Inc. At the
commencement of this Lease, Lessor shall provide USF Glen Moore, Inc., with the Certificate of
Driver Qualification and Hours of Service Certification for the leased ch-iver.
(d)
USF Glen Moore, Inc. will supply all permits m Lessor at the inception of the Lease, and will
deduct the cost of said permits (See Appendix B). Upon termination of this lease, Lessor shall
return all permits (traasferable and non-mmsferable) to the Lease.
COMPENSATION:
(a)
USF Glen Moore, Inc. agrees to pay Lessor for the rental, use and operation of the equipment
leased herein, compensation as provided in Appendix A which is attached hereto and made a part
hereof, less charges and deductions as provided ia this agreement. Where the Lessors equipment
is used in lease imerehange operations with other carriers, all payments made to other carders, all
payments made to other can'iers in connection with that use shall be deducted fi.om the Lessot's
compensation.
(b) It is expressly understood that USF Glen Moore, Inc. does not guarantee Lessor any amount of
fi.eight for tnmsportation during any period of time
12.
13.
14.
SETTLEMENT:
Payments by USF Glen Moore, Inc. to Lessor for the use and operation of the leased eqmpment in
a hip in the service of USF Glen Moore, Inc. shall be made within ten (10) days afier submission
to USF Glen Moore, Inc. of driver log books required by DOT and documents necessary to seeu~
payment from the shipper, including bills of lading (to which exceptions have been taken) or
shipping orders; signed delivery receipts; and any specific documents required by the shipper. In
addition, after completion ofesch hip in the serdee of USF Glen Moore, Inc., Lessor shall submit
to USF Glen Moore, Inc., all interchange papers; fuel purchase receipts; damage ~ports; state or
federal inspection reports; accident reports; driver daily vehicle condition
reports; weight slips; trip manifests; toll receipts; detention, mileage, and log report; and any other
reports required by governmental regulation.
CO)
Upon termination of the Lease, as a condition precedent to final payment, Lessor shall remove
from thc equipment, and return to USF Glen Moore, Inc., all equipment identification devices of
USF Glen Moore, Inc. as provided in Section 6 CO) of this Lease. If the identification devices have
been lost or stolen, a lener fi.om Lessor certifying the removal of such devices from the equipment
will satisfy this requirement. Until this requirement is satisfied, USF Glen Moore, Inc. may
vdthhold final payment.
CHARGE BACKS: USF Glen Moore, Inc. expressly reserVes its right under C.F.1L. 1057.12 Co) to
initially pay any of the expenses which are Lessor's responsibility under this Lease, subject to USF Glen
Moore, Inc.'s right to deduct such prepaid items from Lessor's eompemation. Lessor hereby authorizes
USF Glen Moore, Inc. to make deductions each week from rental charges to be paid Lessor for uny monies
authorized und/or expended by US F Glen Moore, Inc. on behalf of Lessor including, but not limited to,
license tags, vehicle registration und title fees, permits, cash advances, equipment, repairs, fuel loan
payment, all insurunee payments (including, for example, but not limited to liability, medical und worker'
compensation), trailer or other equipment rental fees, tax stickers, and tractor payments. USF Glen Moore,
Inc. will deduct $1,000.00 from set'dement for deductible on physical damage on Uailers und $I,000.00 for
eargu insurance deductible. The amount of the expense charged back to Lessor shall be the amount which
USF Glen Moore, Inc. was required to pay or advunce. USF Glen Moore, Inc. shall provide Lessor with a
written explunation and with copies of those documents which are necessary to determine the validity of
the deductions. Any such payments by USF Glen Moore, Inc. on behalf of Lessor, shall be repaid in full by
Lessor within thirty (30) days, shall be paid by Lessor.
INSURANCE AND RESPONSIBILITY:
(a)
USF Glen Moore, Inc. shall maintain insurance coverage for the protection of the public pursuant
to und In the amounts required by Interstate Commeme Commission regulations promulgated
under 49 U.S.C.
10927. USF Glen Moore, Inc. shall secure such insurance, shall maintain the insurance in its own
name, shall be responsible for paying the premiums on such insurance, and shall file evidence of
such insurance with the Interstate Commerce Commission.
USF Glen Moore, Inc. shall be named as an Additional Insured under Insurance Service Office
from No. CA 23 12 (TRUCKER'S - Named Lessee us Insured) with respect to all insurance
obtained by Lessor in connection with this Lease. Lessor shall furnish USF Glen Moore, Inc. with
Certificates of Imu.,'unce evidencing this insurance and stating that coverage cannot be cuncelled
or materially changed without thirty-days advance written notice to USF Glen Moore, Inc. Lessor
shall be responsible for physical damage, theft or loss to the leased equipment without regard to
the cause thereof. Lessor shall obtain and maintain statutory Workers' Compensation or other
insurance, and shall pay all costs thereof, relating to drivers or other personnel furnished in
connection with the lensed equipment. A Certificate of Insurance evidencIng such coverage shall
be provided to USF Glen Moore, Inc.
15.
16.
17.
18.
19.
20.
(c) U.SF. Glen Moore, Inc. reservas thc right to make deductions from Lessors compensation for losses
arising out of Lessor's failure to maintain the required insurance. USF Glen Moore, Inc. Will
furnish I..~sor with a written itemized explanation ofsoch deductions before deductions are made
for such loases.
(d) Nothing contained in this Section 14 shall bc construed to in any way limit the liability of USF
Glen Moore, Inc. to the public in connection with the usc of the leased equipment under this
lease.
INDEMN~ICATION: In addition to any and all other remedies provided under this Lease, Lessor
specifically agrees to indemnify USF Glen Moore, Inc. and hold USF Glen Moore, Inc. harmless, through
deduction or payment, from any and all claims, suits, losses, fines, thefts, damages, liabilities, costs, or
other expenses arising out of, based upon, or incurred because of/njury to any person or persons or damase
to any property sustained or which may be alleged to have been sustained in connection with this Lease or
as a result of the use of the leased equipment during the term of this Lease, including, but not limited to,
any violations of governmental regulations; loss or damage to cargo, equipment or other property;, persohal
injuries; workers' compensation claims; and the unauthorized use of the leased equipment. Additionally,
Lessor expressly releases and discharges USF Glen Moore, Inc. from any and all claims and liability
arising in connection with this Lease.
EQUIPMENT OR PRODUCTS: Lessor is not required to purchase or rent any products, equipment or
services from USF Glen Moore, Inc. as a condition to entering this Lease. However. if thc Lessor is party
to an equipment purchase or rental contract which authorizes USF Glen Moore, Inc. to make deductions
from Lessor's rental payment, the material provisions of such contract will be set forth in an Appendix to
this Lease.
CONDUCT OF LESSOR: Lessor and/or its drivers shall conduct themselves in such a manner as to
preserve good relations with the public so ns not to adversely affect the satisfactory performance of USF
Glen Moore, Inc.' s contracts with its customers. Failure to do so, will be considered a breach of this Lease
and can result, in the discretion of USF Glen Moore, Inc., in the termination of this Lease.
PERMITS AND DECALS: At the termination of the Lease, USF Glen Moore, Inc. requests the return of
all equipment identification devices and other property (such as, but not limited to, Wailers, permits,
placards and authority packets) furnished by USF Glen Moore, Inc. to Lessor pursuant to Section 6 of this
Lease. Lessor pays all of the expenses and liability for which it is liable hereunder and returns all
equipment identification devices and other USF Glen Moore, Inc. property to USF Glen Moore, Inc. or
final settlement may be held.
COLLECTIONS AND REMITTANCES: In the event Lessor is required to collect monies due USF Glen
Moore, Inc. for transportation of commodities, Lessor will collect the same by eertifind check or money
order payable to USF Glen Moore, Inc. together with any and all charges arising out of or in counection
with said mmsportatinn in accordance with the bill of lading, shipping contract, or other written instructions
covering each shipment transported hereunder. Lessor will remit all collected monies together with
properly signed bills of lading and inventories to USF Glen Moore, Inc. no later than twenty-four (24)
hours after making collection. Lessor is not authorized to extend credit or make any adjustments in any of
the terms of eollectiun except upon prior vaitten authorization from USF Glen Moore, Inc. Lessor agxees
that no ~hipments hereunder will be delivered until all C.O.D. charges have been collected by certified
check or money order unless otherwise instructed by USF Glen Moore, Inc. Any losses resulting from
theft, default or failure by drivers of other employees of Lessor relative to the return and transmittal or
monies so collected shall be borne solely by the Lessor.
INDEPENDENT CONTRACTOR RELATIONSHIP:
(a) It is the intention of the parties to this Lease that Lessor shall be and remain an independent
contractor. Nothing herein contained shall be coustmed as inconsistent with that status. Neither
Lessor nor the employees, agents, or servants of USF Glen Moore, Inc. at any time, under any
21.
22.
23.
circumstances, or for any purpose, nor shall any obligations imposed on USF Glen Moore, Inc. by
operation of any federal, state, or local law be deemed to in any way alter thc independent
contractor status of'Lessor and its employees, agents, or servants.
Co)
Subject to the requirement of the ICC and DOT and of any state regulatory agency having
jurisdiction, Lessor shall be solely responsible for the direction and control of the employees,
agents and servants of Lessor, including selecting, hiring, firing, supervising, directing, essig~ing
work, setting wages and hours and working conditions, paying, and adjusting grievances of such
employees, agents and servants. It is the intent of this Section to reafrmn that while Lessor shall
be required to meet all obligations assumed hereunder, Lessor is entitled to cxercise the
discretion and judgement of an independent contractor in determining the methods to be used in so
doing.
(c)
Lessor shall indemnify and save USF Glen Moore, Inc. harmless from any liability for wages or
benefits for Lessor's employees, agents or servants, and for any costs or expenses of, liability
whatsoever to, laws, workers' eompemation laws or any other state or federal law applicable to'
employees or employers, or otherwise.
SATELLITE SECUKITY DEPOSIT:
(a) Lessee may, in its sole discretion and for the establishment of a damage fund, deduct from the
f~st and second settlement to Lessor under this Lease, the minimum of $400.00 for each piece of
equipment listed on Appendix B and leased hereunder. (See Appendix B)
(b) Reserve for Repairs (optional) - $100.00 per week for 25 weeks.
(c) The conditions the Lessor must fulfill in order to have the escrow fund returned upon termination
of the Lease are:
(i)
(ii)
Return of all non-Wausferable and transferable fuel permits for the leased equipment;
Return to Lessee of all signs, placards, equipment devices, permits, decals, plates,
satellite
communications, equipment including components necessary for its operation, authority
packets, and other documents and property belonging to Lessee; and At the time of the
execution of such release, and the termination of this Lease, Lessee may deduct from the
escrow fund monies for those obligations incurred by the Lessor which have been
previously specified in ~ Lease, and shall provide a final accounting to the Lessor of all
such final deductions made to the escrow fund. Lessee agrees that in no event shall the
escrow be returned no later than forty-five (45) days from the date of terminatinn of this
Lease. Aiter final settlement ha been made, any charges which may arise or beoome due
which are the respensibility of the Lessor under this Lease will become this liability of
the Lessor.
SAVINGS AND SEPARABILITY CLAUSE: Should any provision of this Lease be rendered or declared
invalid by reason of an existing or subsequently enacted legislation or by reason or' any decree of a court of
competent jurisdiction, such invalidation of such portion or portions shall remain in full force and effect.
EFFECTIVE DATE AND HOURS: In Wimess Whereof, USF Glen Moore, Inc. and Lessor have read and
understood the terms and conditions contained herein and hereby sign this Lease th lST day of ,ro'LY,
2000, at 0800 FLOURS which date and hour shall be the EFFECTIVE DATE AND HOUR of this Lease
(and which shall coincide with the giving of USF Glen Moore, Inc.'s Equipment Receipts).
USF GLEN MOORE, INC.
POST OFFICE BOX 760
LESSOR~$ NAME: DON S. TAYLOR
ADDRESS: 437 MEADOWLANE
CARLISLE, PENNSYLVANIA 17013
SHEI~SDALE, PA 17090
TELEPHONF~
(717) 582-4572
D~. TAYLOR
OWNER
APPENDIX A
COMPENSATION
UNIT #: 9292
OWNER: DON S. TAYLOR
$.80 Per Mile For All Miles Traveled Under Dispatch Based On USF Glm Moore Iac.'s most current version of PC
MILER in its' possession.
$20.00 Per stop at, er the fu~t stop offunder the same load #
Driver will be compensated for hand loading or unloading at the rate that is received and approved by either the
shipper or consignee, and dispatch.
APPENDIX "B"
USF GLEN MOORE, RgC.
INDEPENDENT CONTRACT OPERATING AGREEMENT
WEEKLY SCI~EDULE FOR DEDUCTIONS
Unit #:
Owner/Operator Name:
Address:
Phone #:
VIN#:
Cell Phonc/Becpcr #:
Yeas~
Social Security #:
Make:
Model:
Federal 1D #:
*Contractor, please initial to authorize weekly deductions.
Initial Type of Deduction
Lease Payment
Tags
Permits
Satellite Security Deposit
Fuel Card
Fuel Taxes
Physical Damage
Bobtail Liability
Occupational Accident
Reserve for Repairs
Heavy Vehicle Usage Tax
Dental Insurance - Employee Only
Dental Insurance - Family
Health Insurance - Employee Only
Health Insurance - Employee/Child
Health Insurance - Employee/Spouse
Health Insurance - Family
Amount
$ Weekly
$ Divided by 52 Weeks
$402.00 divided by 52 Weeks
$400.00 ($25.00/wk until $400.00 is paid)
Varies Wceldy
$25.0003feek
3.1% of Value of Unit
$8.00/Week
$29.50/Week
$100.00/Week for 25 Weeks
$550.00 Divided by 52 Weeks
$4.00/Week
$ I 1.00/Week
$37.69/Week
$67.84/Week
$ 82.91/Week
$107.04/Week
I hereby agree to the above deductions.
Signed: Date:
APPENDIX "C"
LESSOR'S RIGHT TO EXCLUSIVE USE
O-D UNIT# 9292
OWNER: DON S. TAYLOR
A,DDRI~SS:
437 MEADOW LANE
SHERMANDALE, PA 17090
PHONE0: (717) 582-4572
DATE OF BIRTH: 02-27-56
I~DID#:
SOC.SEC#:
196-44-1767
EQUIPMENT INFORMATION:
YEAR: 2000 MAKE: FREIGHTLINER
VIN#: 1FUPCSZBIYLB86496
GROSS WEIGHT: 80,000 UNLADEN WEIGHT:
TAGg:
18,000
STATE: PENNSYLVANIA
I Edward D. Voegele and Donald S. Taylor
have an agreement of a lease purchase 2000
Freightliner Classic. Vin # 1FUPCS7BIYLB86496
As of July 1,2000. As of Julyl, 2000 Donald
S. Taylor assumes all responsibility.
D~ofialff~ Taylor
J. Jay Cooper, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street, Strawberry Square, P.O. Box 1268
Harrisburg, PA 17108-1265
(717) 234-4161
Attorney I.D. #31720
Attorneys for Plaintiff
DONALD TAYLOR,
PLAiNTIFF
V.
EDWARD VOEGELE and,
USF GLEN MOORE, iNC.
DEFENDANT
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-6383
: CIVIL ACTION - LAW
TO:
NOTICE TO PLEAD
Donald Taylor
c/o Andrew H. Shaw, Esquire
Robinson & Geraldo
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
Attorney for Plaintiff
You are hereby notified to plead to the enclosed New Matter within twenty (20) days from
service hereof or a default judgment may be entered against you.
Date: November 29, 2001
By:
GOLDBERG, KATZMAN & SHIPMAN, P.C.
J. Ja~o~per~Esqu~'re
Attorney I.D. No. 31720
David M. Steckel, Esquire
Attorney I.D. No. 82340
320 Market Street, P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant USF Glen Moore, Inc.
J. Jay Cooper, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street, Strawberry Square, P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234..4161
Attorney I.D. #31720
Attorneys for Plaintiff
DONALD TAYLOR,
PLAINTIFF
V.
EDWARD VOEGELE and,
USF GLEN MOORE, INC.
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6383
CIVIL ACTION - LAW
DEFENDANT USF GLEN MOORE. INC.'S
ANSWER WITH NEW MATTER
AND NOW, comes the Defendant, USF Glen Moore, Inc., by its attorneys, Goldberg,
Katzman & Shipman, P.C., and who files the following Answer with New Matter to the Complaint
filed in this matter:
1. Admitted.
2. Defendant, USF Glen Moore, is without sufficient knowledge or information to form
a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial.
3. Admitted.
4. Defendant, USF Glen Moore, is without sufficient knowledge or information to form
a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial.
5. Defendant, USF Glen Moore, is without sufficient knowledge or information to form
a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial.
6. Defendant, USF Glen Moore, is without sufficient knowledge or information to form
a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial.
7. Defendant, USF Glen Moore, has been advised by Defendant Voegele, that
the Plaintiff has not performed under the terms of his contract with Defendant Voegele, and proof
to the contrary is demanded of Plaintiff, at trial.
8. It is admitted that on or about the date indicated, Plaintiff and Defendant, USF Glen
Moore entered into a lease agreement, which is attached as Exhibit "B" to the Complaint. The Lease
Agreement does not state that the Plaintiff owns the motor vehicle, but merely indicates that he
either owns it or has the right to use it.
Count I
Interference With Contract
9.-14. Paragraphs 9 through 14 are directed towards Defendant, Edward Voegele, and no
response thereto is required of Defendant, USF Glen Moore, under Pennsylvania Rules of Civil
Procedure.
Count II
Breach of Contract
15.-23. Paragraphs 15 through 23 are directed towards Defendant, Edward Voegele, and no
response thereto is required of Defendant, USF Glen Moore, under Pennsylvania Rules of Civil
Procedure.
Count III
Breach of Contract
24. Defendant, USF Glen Moore's, responses to Paragraphs 1 through 23 above are
hereby incorporated by reference as fully as is set forth herein.
25. Denied. To the contrary, Defendant, USF Glen Moore, has received information
indicating that Plaintiff does not have the right to possession of the motor vehicle in question. Proof
to the contrary, is demanded of the Plaintiff, if relevant, at trial.
26. Denied. Plaintiff is in default under its Lease, Exhibit "B", in that Plaintiff does not
have ownership or the right to undisputed possession of the vehicle, and in fact is not in possession
of the vehicle at this time as required under the Lease.
27. Denied. Any actions by USF Glen Moore under the terms of its Lease were in full
compliance with the terms of that Lease. To the contrary, it is the Plaintiff which has defaulted
under the Lease by reason of his default under his agreement with Defendant Voegele regarding use
or ownership of the vehicle. To the contrary, Defendant USF Glen Moore, properly terminated its
Lease with the Plaintiff due to the Plaintiff's default. Moreover, Defendant had an unqualified right
to terminate the Lease without cause even if there were no default, which termination became
effective eleven days after any notice was given by Defendant, USF Glen Moore, which notice was
in fact given on September 10, 2001.
28. Denied. Defendant, USF Glen Moore did not have any obligation to make a good
faith effort to determine whether Plaintiff still retained rightful possession of the motor vehicle. In
any event, USF Glen Moore was notified by the legal owner of the vehicle that Plaintiff had lost any
right to use or possess said vehicle, by reason of Plaintiff's default on his arrangements with
Defendant, Voegele. In any event, it is clear that a dispute existed between Plaintiffand Defendant
Voegele which called into question the Plaintiff's right to possess and use the motor vehicle in
question, which gave Defendant a reasonable basis for terminating the Lease.
29. Denied. Defendant, USF Glen Moore, properly made payment of any sums due for
the week ending September 8, 2001. Proof that Plaintiff is entitled to said payment and that said
payment was erroneously made to Defendant, Voegele is demanded of the Plaintiff at trial.
30. Denied. Plaintiff has been unable to operate his motor vehicle because he lost the
right to possess said vehicle under his arrangements with Defendant, Voegele, and because
Defendant Voegele on or about October 4, 2001, retook possession of the vehicle. Defendant
merely properly terminated its Lease with the Plaintiff, and Defendant did not otherwise interfere
with whatever right Plaintiff may have had to operate the motor vehicle in question.
WHEREFORE, Defendant, USF Glen Moore, respectfully requests that Plaintiff's Complaint
be dismissed with cost of suit.
31.
Moore.
32.
NEW MATTER
Plaintiff's Complaint fails to state any cause of action against Defendant, USF Glen
Plaintiff's Complaint fails to state any cause of action against Defendant, USF Glen
Moore, that would entitle Plaintiff to recover attorneys fees as claimed in Count III of the
Complaint.
33.
34.
Plaintiff's Complaint fails to set forth damages exceeding $25,000.
Defendant, USF Glen Moore, properly terminated its Lease with the Plaintiff due
to Plaintiff's default under the Lease, which default arose from Plaintiff's loss of the right to use the
vehicle which was the subject of the Lease.
4
35. Plaintiff's rights under the Lease Agreement were terminated by the written notice
given on September 10, 200 I, which even if there had been no default by Plaintiff under the Lease,
would have terminated the lease arrangement on September 21, 2001, the 11th day after the giving
of said notice.
36.
Defendant, USF Glen Moore, relied upon the notification from Defendant, Voegele
in terminating the contract, since it was a communication from Defendant, Voegele upon which it
relied in entering into the Lease in the first place.
Any and all payments due under the Lease were properly made by USF Glen
37.
Moore.
38.
Plaintiff's Complaint against Defendant, USF Glen Moore, is frivolous and
Defendant, USF Glen Moore, is entitled to recover its attorneys fees incurred in defending this
action.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Date: [[-~[ By:
J. Jig} ~o~o~er, E~'quire
320 Market Street, Strawberry Square, P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney I.D. #31720
Attorneys for Defendant
USF Glen Moore, Inc.
VERIFICATION
I, , Corporate Officer on behalf of USF GLEN
MOORE, INC., a Pennsylvania Corporation, hereby acknowledge that I am a party in this action,
that I have read thc foregoing Answer to New Matter and Counterclaim, and that the facts stated
therein are truc and correct to the best of my knowledge, information, and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the
persons(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at
Harrisburg, Pennsylvania, with first class postage, prepaid, as follows:
Andrew H. Shaw, Esquire
Robinson & Geraldo
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
Attorney for Plaintiff
Michael J. Hanfi, Esquire
19 Brookwood Avenue
Suite 106
Carlisle, PA 17013 -9142
Attorney for Defendant
Edward Voegele
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Date:
By:
J. JqT)C~ol~r~Esq~ire
I.D. #31720
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Defendant
USF Glen Moore, Inc.
71845.1
DONALD TAYLOR,
Plaintiff,
EDWARD VOEGELE and USF GLEN
MOORE, INC.,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6383
CIVIL ACTION - LAW
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set fotlh in the
following pages, you must take action within twenty 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. Your 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 fights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6383
CIVIL ACTION - LAW
AMENDED COMPLAINT
AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his
Attorneys, Robinson & Geraldo, and files this COMPLAINT, and in support thereof states as
follows:
1. The Plaintiffis an adult individual residing at 437 Meadow Lane, Shermans Dale,
Peny County, Pennsylvania.
2. Defendant Edward Voegele (hereinafter "Voegele") is an adult individual residing
at 737 County Road 308, Cullman, Alabama 35057.
3. Defendant USF Glen Moore, Inc. (hereinafter "Glen Moore") is a Pennsylvania
corporation with a principal place of business located at 1711 Shearer Drive, Carlisle,
Cumberland County, Pennsylvania.
4. Voegele has a mailing address in Pennsylvania of 950 Walnut Bottom Road, Suite
203, Carlisle, Cumberland County, Pennsylvania.
5. On or about July 1, 2000 Plaintiff and Voegele entered into a written contract
(hereinafter "Contract"), termed a lease purchase agreement, for the purchase of a year 2000
model Freightliner Classic motor vehicle (hereinafter "Motor Vehicle") (a copy of which is
attached hereto as "Exhibit A" and is incorporated by reference).
6. Under the oral terms of the contract between Plaintiff and Voegele, Plaintiff was
to make monthly payments of Two-Thousand Four Hundred Sixty-Five and 94/100 ($2,465.94)
Dollars.
7.
8.
9.
The monthly payments were to be for a total of Forty-Eight (48) months.
The Contract was executed in Cumberland County.
Plaintiff has substantially performed under the terms of the Contract by making
the agreed-upon monthly payments for the Motor Vehicle.
10. On or about July 1, 2000, Plaintiff and Glen Moore (hereinafter "Glen Moore")
entered into a lease agreement (hereinafter "Lease") pmviding for compensation for use of
Plaintiff's Motor Vehicle (a copy of which is attached hereto as "Exhibit B" and is incorporated
by reference).
Count I - Intentional Interference With Contract
11. Plaintiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 10 as if fully set forth herein.
12. Voegele is not a party to the Lease between Plaintiff and Glen Moore.
13. Plaintiff generates approximately Five Thousand and 00/100 ($5,000) Dollars per
week in gross income from the lease with Glen Moore.
14. On or about September 7, 2001, Voegele knowingly and willfully invaded and
interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of
promoting Vocgele's own financial interest by stating to Glen Moore that Plaintiff no longer had
rightful possession of the Motor Vehicle.
15. Upon notice from Voegelc, Glen Moore immcdiateiy terminated the Lease.
16. Plaintiff has since been unable to use his Motor Vehicle in accordance with the
terms of the Lease.
WHEREFORE, Plaintiff respectfully requests this Honorable Coral to enter judgment in
favor of Plaintiff and against Edward Voegele, for both compensatory and punitive damages, an
amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus other
reasonable costs.
Count II - Breach of Contract
17. Plaimiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 16 as if fully set forth herein.
18. At all times relevant to this matter, Plaintiff has claimed rightful and legal
possession of the Motor Vehicle.
19. On or about September 9, 2001, Plaintiff spoke with Voegele regarding a dispute
over the Contract, where Voegele requested possession of the Motor Vehicle due to Plaintiff
breaching the Contract.
20. During the conversation on September 9, 2001, Plaintiff refused to return
possession of the Motor Vehicle to Voegele, claiming that Plaintiff continued to have legal
possession of the Motor Vehicle because he had not breached the Contract.
21. Plaintiff continued to keep the Motor Vehicle on his premises and did not hold the
premises open to Voegele.
22. On or about October 4, 2001, Plaintiff returned to his residence and discovered
that the Motor Vehicle was missing.
23. The Motor Vehicle is now in Voegele's possession.
24. Voegele refuses to return possession of the Motor Vehicle to Plaintiff.
25. As a result of Voegele's actions on both September 7, 2001 and October 4, 2001,
Plaintiffhas been unable to commercially use the Motor Vehicle because the Motor Vehicle was
taken fi.om his possession.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Edward Voegele in an amount in excess of Twenty-Five Thousand
and 00/100 ($25,000.00) Dollars plus other reasonable costs. In the alternative, Plaintiff requests
this Honorable Court to enter judgment in favor of the Plaintiff through specific performance by
requiring Voegele to return possession of the Motor Vehicle to Plaintiff.
Count HI-Breach of Contract
26. Plaintiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 25 as if fully set forth herein.
27. At all times relevant to these proceedings, Plaintiff has had a rightful and legal
interest in the possession of the Motor Vehicle.
28. At all times relevant to these proceedings, Plaintiff has substantially complied
with and fulfilled the terms of the Lease.
29. Glen Moore's actions on September 7, 2001, as stated above, violated the terms of
the Lease because Plaintiffhad full and complete legal right and authority to the Motor Vehicle.
30. Before terminating the Lease, Glen Moore never made a good faith effort to
determine whether Plaintiff still retained rightful possession of the Motor Vehicle.
31. Upon terminating the Lease, Glen Moore forwarded the payment for the week
ending September 8, 2001 to Voegele, which Plaintiff was entitled to receive under the existing
Lease.
32. As a further result of Glen Moore's actions, Plaintiff has been unable to operate
his Motor Vehicle in accordance with the terms of the Lease, since the date of September 7, 2001
to the present.
WHEREFORE, Plainfiffrespectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Glen Moore in an amount in excess of Twenty-Five Thousand and
00/100 ($25,000.00) Dollars plus other reasonable costs.
r)ate: OI
Respectfully submitted:
ROBINSON & GERALDO
ROBINSON & GERALDO
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
onal~' ord~~
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN :
MOORE, INC. :
Defendants :
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
;
NO. 01-6383
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 14th day of December, 2001, I
caused a tree and correct copy of the AMENDED COMPLAINT to be served upon the following
individual by first class, by depositing same in the United States, postage prepaid, at Harrisburg,
Pennsylvania.
Michael J. Hanfi, Esq.
Attorney for Edward Voegele
19 Brookwood Avenue
Suite 106
Carlilse, PA 17013-9142
J. Jay Cooper, Esq.
Attorney for USF Glen Moore, Inc.
Goldberg, Katzman, & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
ROBINSON & GERALDO
ATTORNEY I.D. NO. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
Attorney for Plaintiff
I Edward D. Voegele and Donald S. Taylor
have an agreement of a lease purchase 2000
Freightliner Classic. Vin # 1FUPCS7BIYLB86496
As of July 1,2000. As ofJulyl, 2000 Donald
S. Taylor assumes all responsibility.
D0n.~ff~S. Taylor-
USF GLEN MOORE, 11~C. OWNER/OPERATOR
EQUIPMENT LEASE AGREEMENT
LEASE# 9292
USF Glen Moore, Inc., of Carlisle, Pennsylvania, a motor ca.n-ier holding operating authority in ICC DOCKET
NO. MC-192952 (hereaf~r "USF Glen Moore, Inc." or "Lessee") and DON S. TAYLOR of the motor vehicle
equipment described below and leased herein (hereafter "Lessor") hereby ent~ into and agree to be bound by the
Equipment Lease Agreement (hereafter "Lease") ia accordance with ~he rules and regulations of the Interstate
Commerce Commission (ICC).
PARTIES: The parties to tl~ lease are the parties indicated above and any of their agents, employees,
contractors, drivers, or successors-in-interest. Where applicable, the terms used herein shall have the
meaning ascribed by the ICC in 49 C.F.R. 1057.2. The parties agree ~hat any ofthe;r ageat~ or other
representatives to whom this Leo.sc is entrusted arc hereby duly authorized to sign and perform this Lease
on behalf of their respective parties.
COPIES: This lease shall be signed and executed in at lease three (3) copies, each of which shall be
considered an original. One executed copy (known as the lessee- carrier's copy) shall be retained by USF
Glen Moore, Inc. One executed copy (known as the Lessor's copy) shall he retalaed by Lessor. One
executed copy (known as the equipment copy) shall be carried on the leased equipment during the period of
this lease, unless a certification statement is carried on the equipment instead, pursuant to 49 C.F.R.
1057.11 (c)(2).
EQLrlPMENT TO BE LEASED: For and in consideration oftbe agreed rental and the covenants, terms
and conditions set forth herein, Lessor hereby leased to USF Glen Moore, Inc., and USF Glen Moore, Inc.
hereby rents, hires and lets fi.om Lessor the motor vehicle equipment described in Appendix C. Lessor
warrants to USF Glen Moore, Inc., that the equipment described in Appendix C is not subject to any
existing lease, that Lessor is the "owner" of the equipment within the meaning of 49 C.F.R. 1057.2 (d), and
that Lessor has full and complete legal right and authority to lease such equipment pursuant to the terms of
this lease.
QUALIFACATION OF LESSOR: In order to be qualified to perform the required services pmsuant to this
Lease, Lessor shall maintain and provide Lessee, upon request, with adequate proof of the following
(a) Ownership and title of the equipment described ia Appendix C, or Lessors right to exclusive use
of
such equipment for a period longer than 30 days.
(b) State certification and commercial'driver's license authorizing Lessor or his driver to operate and
use the equipment described in APPendix C.
(c)
(d)
Insurance in the type amount specified in this Lease; and Financial statements and/or other related
documents establishing Lessor's financial responsibility and ability to conduct his business;
R. esults of drag and alcohol tests for each driver and operator of the equipment leased hereunder
g~ven pursuant to Section 10 (e) of this Lease, indicating negative results of such test. Any
operator for whom such drug and alcohol test produces a positive finding, shall not be qualified to
operate the leased equipment, and the services ofsech driver or operator will not be accepted by USF
Glen Moore, Inc.
RECEIPTS AND RECORDS: Upon taking possession of the equipment, USF Glen Moore, Inc. shall
furnish Lessor with a receipt for such possession stating the date and time of day when possession of the
equipment is taken by USF Glen Moore, Inc., and identifying the equipment to be leased. The receipt may
be transmitted of communication. When USF Glen Moore, Inc. surrenders possession of the equipment to
Lessor upon termination of this Lease, Lessor shall furnish a similar receipt to USF Glen Moore, Inc.,
identifying the equipment and the date and time of day when possession thereof was returned to Lessor.
Tiffs receipt may be transmit~d to USF Glen Moore, Inc.by mail telegraph, or other similar means of
communication. USF Glen Moore, Inc. shall maintain those records regarding the leased equipment
required by49 C.F.R. 1057.11 (d).
6. IDENTIFICATION OF EQUIPMENT:
(a) During the period of this lease, the leased equipment shall be marked to identify USF Glen Moore,
Inc. as the operating carrier in accordance with 49 C.F.R. 1057.11 (C) and 1058. USF Glen
Moore, Inc. agrees to fumiab such identification for equipment to Lessor, and Lessor agrees to
display suer identification thereon in the manner required by all applicable laws and regulations.
Co) When the equipment is not in actual and authorized use for USF Glen Moore, Inc., Lessor agrees
to remove fi`om the leased equipment, all signs, placards, and identification devices displaying
USF Glen Moore, Inc. name and ICC docket number. Moreover, upon termination of the Lease,
Lessor shall also renan to USF Glen Moore, Inc., all other property (such as, but not limited to,
permits and authority packets) furnished by USF Glen Moore, Inc. to Lessor. Such identification
devices and other property of the Lease at Lessors expense by first-class mail, postage prepaid. As
provided in Section 12 (c), and hereof, the return of all identification devices is a condition
precedent to final payment to Lessor and to the return of the escrow fund.
DURATION OF LEASE AGREEMENT:
(a)
CO)
(c)
(d)
This Lease shall commence on the "effective date and hour" specified in the final paragraph
hereof, and shall continue in effect until termination in the manner described below.
After this Lease has been in effect for 30 days, it may be terminated by either party on ten (10)
days' notice, by mailing or delivering to the other party ~'o copies ora written notice of
termination (except that USF Glen Moore, Inc., may terminate this Lease sooner for breach, as
described below). Termination shall be effective either upon the 11 th day after receipt of the
termination notice, or at such later date as may be specified in the notice, or at such later date as
maybe specified in the notice. The party receiving notice of termination shall receipt the copy of
such notice and return such receipted copy to the other party.
Any use of the equipment outside the scope oft.Ms Le~e by Lessor. is a specifically designated
breach which automatically terminates this Lease and ends responsibility for the leased equipment,
unless otherwise agreed in writing by USF Glen Moore, Ine.
The lessee may terminate this Lease immediately by oral communication (followed by written
confirmation within 30 days) for any of the following reasons, each of which constitutes a breneh
of this Lease: (1) Lessor's failure to furnish the equipment described in Appendix C or keep such
equipment in good operating condition in accordance with all appropriate safety requirements,
inehiding those of the U.S. Departmem of Trampormfion (DOT); (2) Lessors
failure to make available at all times a competent driver, properly qualified under DOT, state and
other safety regulations; (3) Lessor's failure to comply with reasonable requests by USF Glen
Moore, Inc. for adjustment of equipment necessary, to render useful or effective service, including
furnishing necessary supplemental equipment; (4) the loss, damage, destruction, or theft of a
10.
trailer being operated by, or in the possession of Lessor; and (5) violation of any covenant or
other provision of this Lease.
PURPOSE AND OPERATIONS:
(a)
It is un~.erstood that, during the term of this Lease, USF Glen Moore, Inc. shall have exclusive
possuss~on, control and use of the leased equipment, and that USF Glen Moore, Inc. assumes
complete responsibility
1057.12 (¢). for its operation during surh term, to the extent required by 49 C.F.R.
Lessor agrees to follow the instructions of USF Glen Moore, Inc., regarding the use of the leased
equipment during the term of tiffs Lease, and to indemnify USF Glen Moore, Inc., against any
liability resulting from the use of the equipment leased herein, as more fully described in Section
15 below.
(c)
(d)
Thc performance of this Lease shall be in accordance with all laws, regulations and requirements
of the ICC, DOT and all other appropriate public bodies (hereinal~r collectively referred to
"governmental regulations"). Lessor shall comply and shall cause its driver to comply with all
governmental regulations, and Lessor agrees to indemnify USF Glen Moore, Inc. against and to
hold USF Glen Moore, Inc., harmless for any violations of such regulations.
Lessor shall report all accidents, claims, losses, damages, shortages, over-weights, or overages to
USF Glen Moore, Inc. immediately, and shah provide USF Glen Moore, Inc. with all written
reports affidax-its, or other assistance as may be necessary to investigate, settle or adjudicate such
(e)
Lessor agrees to operate the equipment form origin to destination over Lessor's choice of legal
routes. Lessor expressly agrees to make timely and safe deliveries of all loads, and also agrees to
notify USF Glen Moore, InC. when delivery has been made or when delivery will be delayed for
any reason. Should Lessor for any reason fail to complete delivery of a load accepted, USF Glen
Moore, Inc. may arrange for completion of such delivery at Lessors expense, and completion of
the. trip invoh-ed in order to reduce or limit USF Glen Moore, Inc's. liability. Lessor hereby
wmves any recourse against USF Glen Moore, Inc. in such action and agrees to reimburse USF
Glen Moore, Inc. for any cost and expense arising out of completion of such ~p and to pay USF
Glen Moore, Inc. any damages for which USF Glen Moore, Inc. may be liable to the shipper or
others arising out of Lessor's failure to complete the trip.
ASSIGNMENT AND SUBLEASING: Neither party may assign this Lease. However, during the term of
this Lease, USF Glen Moore, Inc. shall have the right to sublease the equipment as if it were the owner of
such equipment, and USF Glen Moore, Inc. shall be relieved of exclusive possession, respous~ility and
control over the leased equipment during the period of any such sublease.
COST OF OPERATION:
(a)
Lessor agrees to deliver to USF Glen Moore, Inc., the lease equipment in good running order and
condition, and to maintain the equipment, at Lessors own expense, in good working condition,
_furnishing all necessary items (such as oil, fuel, tires, parts, supplies, and repairs for the operation
of said equipment. Lessor further agrees to keep the equipment clean and to comply at its own
expense with all safety and other requirements mandated by any pertinent governmental
regulations. Lessor shall, at its own expense, immediately make such mechanical correction or
other adjustments and repairs as are necessa~-y for the equipment's proper operations. USF Glen
Moore, Inc. has the right to inspect the equipment at any time.
Lessor shall be respous~le to pay for all other costs of operation of the equipment wMch are not
specifically required herein to be paid by USF Glen Moore, Inc. Such operational costs to be
borne by Lessor include, without limitation: fuel and fuel taxes; weight tickets; tolls; fares; base
11.
plates and licenses; detention and accessorial services any unused portions of the foregoing items;
maintenance and repair costs; wages and remuneration of operators, drivers and helpers, including,
but not limited to, overtime and bonuses; personal injury and property damage insurance relating
to the equipmem as further described in Section 14 below; workers' compensation premiums,
unemployment insurance, social security payments or other similar insurance; taxes or benefits
relating to the operators, drivers and helpers; axle, weight and other taxes, fees, charges,
assessments or exactions relating to the equipment, including mileage and highway taxes and all
reports connected with such matters; liability for property damage and personal injury exceeding
the scope of insurance coverage; and, except as otherwise provided in this section lO (b), all fmcs
and penalties arising out of the use of such equipment. Except when the violation results from the
acts or omissions of Lessor, USF Glen Moore, Inc. shall assume the risks and cost of fines for
overweight and oversize trailers when the trailers are preloaded, sealed, or the Icad is
containerized, or when the trailer or lading is otherwise outside of Lnssor's control, and for
improperly permitted over-dimensiun and overweight loads and shall rehnburse Lessor for any
f'mes paid by Lessor. Lessor should weigh equipment at nearest set of scales to be sure that axle
and gross weigh~ meet prescribed weights by local, state and federal regulations, or be authorized
by a USF Glen Moore, Inc. dispatcher to continue to continue ~p.
(c)
Lessor shall furuish, at its own expense, the drivers and other personnel necessary to operate the
equipment lensed herein. Such drivers and other personnel shall be exclusively the employees of
lessor, shall be at lease 21 years of age, have proper operators~ licenses, and shall be in complhmce
with all Federal and State regulatory requirements pertaining to physical examlna~ons and drivers
test. Lessor further agrees to keep records of and pay all taxes, payroll deductions and insurance
premiums relating to such drivers and personnel (including, bul not limited to, all social security
taxes, sickness and accident taxes, insurance premiums, and other payroll withholding and similar
deductions or taxes ). Subject to USF Glen Moore. Inc.'s obligations under pertinent
governmental regulations, all drivers, helpers or other personnel engaged by Lessor in the
performance of Lessor's obligations under this Lease shall be solely under the control and
direction of Lessor. Lessor further represents that the drivers and operators furnished for the
equipment are familiar with, and will obey, all app/icable governmental regulations; that the
drivers and operators will cooperate with USF Glen Moore, Inc. in complying with all
governmental regulations and providing a complete transportation serve; that the drivers and
operators will take such tests as may be prescn'bed by USF Glen Moore, Inc., including, but not
limited to, screening for the presence of drogs ancO'or alcohol and cooperate in such tests and in
such safety and training programs as may be administered by USF Glen Moore, Inc.; and that
Lessor or its employees will promptly file with USF Glen Moore. lac., all log sheets, physical
examination certificates, accident reports, copies of workers' compensation insaraace policies, and
other reports, documents and data required by law or by USF Glen Moore, Inc. At the
commencement of this Lease, Lessor shall provide USF Glen Moore, Inc., with the Certificate of
Driver Qualification and Hours of Service Certification for the leased driver.
(d)
USF Glen Moore, Inc. will supply all permits to Lessor at the inception of the Lease, and will
deduct the cost of said permits (See Appendix B). Upon termination of tl~s lease, Lessor shall
return all permits (transferable and non-transferable) to the Lease.
COMPENSATION:
(a) USF Glen Moore, Inc. agrees to pay Lessor for the rental, use and operation of the equipment
leased herein, compensation as p~ovided in Appendix A which is attached hereto and made a part
hereof, less charges and deductions as provided in this a~eement. Where the Lessor's equipment
is used in lease interchange operations with other carriers, all payments made to other carriers, all
payments made to other carriers in connection with that use shall be deducted from the Lessor's
compensation.
(b) It is expressly understood that USF Glen Moore, Inc. does not guarantee Lesser any amount of
fi.eight for transportation during any period of time
12.
13.
14.
SETTLEMENT:
(a) Payments by USF Glen Moore, Inc. to Lessor for the use and operation of the leased equipment in
a trip in the surviee of USF Glen Moore, Inc. shall be made within ten (10) days atter submission
to USF Glen Moore, Inc. of driver log books required by DOT and documents necessary to secure
payment from the shipper, including bills of lading (to which exceptions have been taken) or
shipping orders; signed delivery receipts; and any specific documents required by the shipper. In
addition, after completion of each trip in the service of USF Glen Moore, Inc., Lessor shall submit
to USF Glen Moore, Inc., all interchange papers; fuel purchase receipts; damage ~ports; state or
federal inspection reports; accident reports; driver daily vehicle eundifion
reports; weight slips; trip manifests; toll receipts; detention, mileage, and log report; and any other
reports required by governmental regulation.
Upon termination of the Lease, as a condition precedent to final payment, Lessor shall remove
from the equipment, and return to USF Glen Moore, Inc., all equipment identification devices of
USF Glen Moore, Inc. as provided in Section 6 Co) of this Lease. If the identification devices have
been lost or stolen, a letter from Lessor certifying the r~moval of such devices from the equipment
will satisfy this requirement. Until this requirement is satisfied, USF Glen Moore, Inc. may
withhold final payment.
CHARGE BACKS: USF Glen Moore, Inc. expressly reserves its fight under C.F.IL. 1057.12 (b) to
initially pay any of the expenses which are Lessor% responsibility under this Lease, subject to USF Glen
Moore, Inc.'s right to deduct such prepaid items from Lessor's compensation. Lessor hereby authorizes
USF Glen Moore, Inc. to make deductions each week from rental charges to be paid Lessor for any monies
authorized and/or expended by USF Glen Moore, Inc. on behalf of Lessor including, but not limited to,
license tags, vehicle regisffation and title fees, permits, cash advances, equipment, repairs, fuel loan
payment, all insurance payments (including, for example, but not limited to liability, medical and worker'
compensation), trailer or other equipment rental fees, tax stickers, and Wactor payments. USF Glen Moore,
Inc. will deduct $1,000.00 fiom settlement for deductible on physical damage on Wailers and $1,0(8).00 for
cargo insurance deductible. The amount of the expense charged back to Lessor shall be the amount which
USF Glen Moore, Inc. was required to pay or advance. USF Glen Moore, Inc. shall provide Lessor with a
written explanation and with copies of those documents which axe necessary to determine the validity of
the deductions. Any such payments by USF Glen Moore, Inc. on behalf of Lessor, shall be repaid in full by
Lessor with.in ~ (30) days, shall be paid by Lessor.
INSUILA~NCE AND RESPONSIBILITY:
(a)
USF Glen Moore, Inc. shall maintain insurance coverage for the protection of the public pursuant
to and in the amounts required by Interstate Commerce Commission regulations promulgated
under 49 U.S.C.
10927. USF Glen Moore, Inc. shall secure such insurance, shall maintain the insurance hq its own
name, shall be responsible for paying the premiums on such insurance, and shall file evidence of
such insurance with the Interstate Commerce Commission.
(b)
USF Glen Moore, Inc. shall be named as an Additional Insured under Insurance Service Office
from No. CA 23 12 qI'RUCKER'S - Named Lessee as Insured) with respect to all insurance
obtained by Lessor in ¢ounection with this Lease. Lessor shall furnish USF Glen Moore, Inc. with
Certificates of Insurance evidencing this insurance and stating that coverage cannot be cancelled
or materially changed with°ut thirty-days advance written notice to USF Glen Moore, Inc. Lessor
shall be responsible for physical damage, theft or loss to the leased equipment without regard to
the cause thereof. Lessor shall obtain and maintain statutory Workers' Compensation or other
insurance, and shall pay all costs thereof, relating to drivers or other personnel furnished in
connection with the leased equipment. A Certificate of Inserance evidencing such coverage shall
be provided to USF Glen Moore, Inc.
15.
16.
17.
18.
19.
20.
(c) USF Glen Moore, Inc. reserves thc right to make deductions from Lessors compensation for losses
arising out of Lessor's failure to maintain the required insurance. USF Glen Moore, fuc. will
furnish Lessor with a written itemized explanation of such deductions before deductions are made
for such losses.
(d) Nothing contained in this Section 14 shall be construed to in any way limit the liability of USF
Glan Moore, Inc. to the public in commotion with the use of the leased equipment under this
lease.
INDEMNIFICATION: In addition to any and all other remedies provided under this Lease, Lessor
specifically agrees to indenmify USF Glen Moore, Inc. and hold USF Glen Moore, Inc. harmless, through
deduction or payment, from any and all claims, suits, losses, fines, thefts, damages, liabilities, costs, or
other expenses arising out of, based upon, or incurred because of injury to any person or persons or damage
to any property sustained or which may be alleged to have been sustained in counection with this Lease or
as a result of the use of the leased equipment during the term of this Lease, including, but not limited to,
any violations of govenunental regulations; loss or damage to cargo, equipment or other property; personal
injuries; workers' compensation claims; and the unauthorized use of the leased equipment. Additionally,
Lessor expressly releases and discharges USF Glen Moore, Inc. from any and al/claims and liability
arising in connection with this Lease.
EQUIPMENT OR PRODUCTS: Lessor is not required to purchase or rent any products, equipment or
services from USF Glen Moore, Inc. as a condition to entering this Lease. However. if the Lessor is party
to an equipment purchase or rental contract which authorizes USF Glen Moore, Inc. to make deductions
fi'om Lessor's rental payment, the material provisions of such contract will be set forth in aa Appendix to
this Lease.
CONDUCT OF LESSOR: Lessor and/or its drivers shall conduct themselves ia such a manner as to
preserve good relations with the public so as not to adversely affect the satisfactory performance of USF
Glen Moore, Inc.' s conUacts with its customers. Failure to do so, will be considered a breach of this Lease
and can result, in the discretion of USF Glen Moore, Inc., in the termination of this Lease.
PERMITS AND DECALS: At the termination of the Lease, USF Glen Moore, Inc. requests the return of
all equipment identification devices and other property (such as, but not limited to, trailers, permits,
placards and authority packets) furnished by USF Glen Moore, Inc. to Lessor pursuant to Section 6 of this
Lease. Lessor pays all of the expenses and liability for which it is liable hereunder and returns all
equipment identification devices and other USF Glen Moore, Inc. property to USF Glen Moore, Inc. or
final settlement may be held.
COLLECTIONS AND REMITTANCES: In the event Lessor is required to collect ravines due USF Glen
Moore, Inc. for transportation of commodities, Lessor will collect the same by certified check or money
order payable to USF Glen Moore, Inc. together with any and all charges arising out of or in connection
with said ti'ansportation in accordance with the bill of lading, shipping conlracC, or other written instructions
covering each shipment transported hereunder. Lessor will remit all collected monies ~ogehher with
properly signed bills of lading and inventories to USF Glen Moore, Inc. no later than twenty-four (24)
hours after making collection. Lessor is not authorized to extend credit or make any adjustments in any of
the terms of collectien except upon prior written authorization from USF Glen Moore, Inc. Lessor agrees
that no ~hlpments hereunder will be delivered until all C.O.D. charges have been collected by certified
check or money order unless otherwise insuucted by USF Glen Moore, Inc. Any losses resulting from
theit, default or failure by drivers of other employees of Lessor relative to the return and transmittal or
monies so collected shall be borne solely by the Lessor.
INDEPENDENT CONTRACTOR RELATIONSHIP:
(a) It is the intention of the parties to this Lease that Lessor shall be and remain an independent
contractor. Nothing herein contained shall be construed as inconsistent with that status. Neither
Lessor nor the employees, agents, or servants of USF Glen Moore, Inc. at any time, under any
21.
22.
23.
circumstances, or for any purpose, nor shall any obligations imposed on USF Glen Moore, Inc. by
operation of any federal, state, or local law be deemed to in any way alter the independent
contractor status of Lessor and its employees, agents, or servants.
Co)
Subject to the requirement of the ICC and DOT and of any state regulatory agency having
jurisdiction, Lessor shall be solely respous~le for the direction and control of the employees,
agents and servants of Lessor, including selecting, hiring, firing, supervising, directing, assigning
work, setting wages and hours and working eonditious, paying, and adjusting grievances of such
employees, agents and servants. It is the intent of this Section to reaffirm that while Lessor shall
be required to meet all obligations assumed hereunder, Lessor is entitled to exemise the
discretion and judgement of an independent contractor in determining the methods to be used in so
doing.
(c)
Lessor shall indemnify and save USF Glen Moore, Inc. harmless from any hability for wages or
benefits for Lessors employees, agents or servants, and for any costs or expenses of, liability
whatsoever to, laws, workers' compensation laws or any other stute or federal law applicable to
employees or employers, or otherwise.
SATEL~TESECURITYDEPOSIT:
(a) Lessee may, in its sole discretion and for the establishment of a damage ruud, deduct from the
ftrst and second settlement to Lessor under fids Lease, the minimum of $400.00 for each piece of
equipment listed on Appendix B and leased hereunder. (See Appendix B)
(b) Reserve for Repairs (optional) - $100.00 per week for 25 weeks.
(c) The conditions the Lessor must fulfill in order to have the escrow fund returned upon termination
of the Lease are:
(i) Retom of all non-transferable and transferable fuel permits for the leased equipment;
(ii)
Return to Lessee of all signs, placards, equipment devices, permits, decals, plates,
satellite
communications, equipment including components necessary for its operation, authority
packets, and other documents and property belonging to Lessee; and At the time of the
execution of such release, and the temfination of this Lease, Lessee may deduct from the
escrow fund monies for those obligations incurred by the Lessor which have been
previously specified in this Lease, and shall provide a final accounting to the Lessor of all
such final deductions made to the escrow fund. Lessee agxees that in no event shall the
escrow be returned no later than forty-five (45) days from the date of termination of fids
Lease. After final set~lement has been made, any charges which may arise or become due
which are the responsibili~' of the Lessor under this Lease will become this liability of
the Lessor.
SAVINGS AND SEPARABILITY CLAUSE: Should any provision of this Lease be rendered or declared
invalid by reason of an existing or subsequently enacted legislation or by reason of any decree of a court of
competant jurisdiction, such invalidation of such portion or poffious shall remain in full foreeand effect.
EFFECTIVE DATE AND HOURS: In Wimess Whereof, USF Glen Moore, Inc. and Lessor have read and
understood the terms and conditions contained herein and hereby sign this Lease th IST day of JULY,
2000, at 0800 FLOURS which date and hour shall be the EFFECTIVE DATE AND FLOUR of fids Lease
(and wMch shall coincide with the giving of USF Glen Moore, Ine.'s Equipment Receipts).
USF GLEN MOORE, 1NC.
POST OFFICE BOX 760
CARLISLE, PENNSYLVANIA 17013
LESSOR'S NAME:
ADDRESS:
DON S. TAYLOR
437 MEADOW LANE
SHERMANSDALE, PA 17090
TELEPHON'F~
(717') 582-457!
OWNER
UNIT #: 9292
OWNER: DON S. TAYLOR
APPENDIX A
COMPENSATION
$.80 Per Mile For All Miles Traveled Under Dispatch Breed On USF Glen Moor~ lac.'s most current ve~ion of PC
MILER in its' possession.
$20.00 Per stop after the first stop offunder the same load #
Driver will be compensated for hand loading or unloading at the rate that is n~ceived and approved by either the
shipper or consignee, and dispatch.
APPENDIX "B"
USF GLEN MOORE, INC.
INDEPENDENT CONTRACT OPERATING AGREEMENT
WEEKLY SCHEDULE FOR DEDUCTIONS
Unit #:
Owner/Operator Name:
Address:
Phone #:
VIN #:
Cell PhonedlecT)er #:
Social Security #:
Make:
Model:
Federal ID #:
*Contractor, please initial to authorize weekly deductions.
Initial Type of Deduction
Lease Payment
Tags
Permits
Satellite Security Deposit
Fuel Card
Fuel Taxes
Physical Damage
Bobtail Liability
Occupational Accident
Reserve for Repairs
Heavy Vehicle Usage Tax
Dental Insurance - Employee Only
Dental Insurance - Family
Health Insurance - Employee Only
Health Insurance - Employee/Child
Health Insurance - EmployeeJSpouse
Health Insurance - Family
Alnount
$ Weckly
$ Divided by 52 Weeks
$402.00 divided by 52 Weeks
$400.00 ($25.00/wk until $400.00 is paid)
Varies Weekly
$25.00/Week
3.1% of Value of Unit
$8.00/Week
$29.50/Weck
$100.00/Week for 25 Weeks
$550.00 Divided by 52 Weeks
$4.00fW'eek
$11.00/Weck
$37.69/Week
$67.84/Week
$ 82.91/Wenk
$107.04/Week
I hereby agree to ~he above deductions.
Signed: Date:
APPENDIX "C"
LESSOR'S RIGHT TO EXCLUSIVE USE
O-D uNrT# 9292
OWNER: DON S. TAYLOR
ADDRESS:
437 MEADOW LANE
SHERMANDALE, PA 17090
PHONF3t: (717) 582-4572 FED]ID#:
DATE OF BIRTH: 02-27-56 SOC.SEC#:
196-44-1767
EQUIPMENT INFORMATION:
YEAR: 2000 MAKE: FREIGHTLINER
VIN#: 1FUPCSZBIYLB86496
GROSS WEIGHT: 80,000 UNLADEN WEIGHT:
TAGg:
18,000
STATE: PENNSYLVANIA
I Edward D. Voegele and Donald S. Taylor
have an agreement of a lease purchase 2000
Freightliner Classic. Vin # 1FUPCS7BIYLB86496
As of July 1,2000. As of Julyl, 2000 Donald
S. Taylor assumes all responsibility.
~1~ b/~-Y~Ec~~ar~d D Voe~ele '-'
D~hald S. Taylor
J. Jay Cooper, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street, Strawberry Square, P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney I.D. #31720
Attorneys for Plaintiff
DONALD TAYLOR,
PLAINTIFF
V.
EDWARD VOEGELE and,
USF GLEN MOORE, INC.
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6383
CIVIL ACTION - LAW
TO:
NOTICE TO PLEAD
Donald Taylor
c/o Andrew H. Shaw, Esquire
Robinson & Geraldo
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
Attorney for Plaintiff
You are hereby notified to plead to the enclosed New Matter within twenty (20) days from
service hereof or a default judgment may be entered against you.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Date: I - ~ ~DD-~ By:
J. Jay~oo~er?Esquire
Attorney I.D. No. 31720
David M. Steckel, Esquire
Attorney I.D. No. 82340
320 Market Street, P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant USF Glen Moore, Inc.
J. Jay Cooper, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street, Strawberry Square, P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney I.D. #31720
Attorneys for Plaintiff
DONALD TAYLOR,
PLAINTIFF
V.
EDWARD VOEGELE and,
USF GLEN MOORE, INC.
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6383
CIVIL ACTION - LAW
DEFENDANT USF GLEN MOORE, INC.'S
ANSWER WITH NEW MATTER TO AMENDED COMPLAINT
AND NOW, comes the Defendant, USF Glen Moore, Inc., by its attorneys, Goldbcrg,
Katzman & Shipman, P.C., and who files the following Answer with New Matter to the Amended
Complaint filed in this matter:
1. Admitted.
2. Defendant, USF Glen Moore, is without sufficient knowledge or information to form
a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial.
3. Admitted.
4. Defendant, USF Glen Moore, is without sufficient knowledge or information to form
a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial
5. Defendant, USF Glen Moore, is without sufficient knowledge or information to
form a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded
at trial.
6. Defendant, USF Glen Moore, is without sufficient knowledge or information to form
a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial.
7. Defendant, USF Glen Moore, is without sufficient knowledge or information to form
a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at
trial..
8. Defendant, USF Glen Moore, is without sufficient knowledge or information to form
a belief as to the truth or falsity of said allegation, and proof thereof, if relevant, is demanded at trial.
9. Defendant, USF Glen Moore, has been advised by Defendant Voegele, that
the Plaintiff has not performed under the terms of his contract with Defendant Voegele, and proof
to the contrary is demanded of Plaintiff, at trial.
10. It is admitted that on or about the date indicated, Plaintiff and Defendant, USF Glen
Moore entered into a lease agreement, which is attached as Exhibit "B" to the Complaint. The Lease
Agreement does not state that the Plaintiff owns the motor vehicle, but merely indicates that he
either owns it or has the right to use it.
Count I
Interference With Contract
11.- 16. Paragraphs 11 through 16 are directed towards Defendant, Edward Voegele,
and no response thereto is required of Defendant, USF Glen Moore, under Pennsylvania Rules of
Civil Procedum.
2
Count II
Breach of Contract
17.-25. Paragraphs 17 through 25 are directed towards Defendant, Edward Voegele, and no
response thereto is required of Defendant, USF Glen Moore, under Pennsylvania Rules of Civil
Procedure.
Count III
Breach of Contract
26. Defendant, USF Glen Moore's, responses to Paragraphs 1 through 24 above are
hereby incorporated by reference as fully as is set forth herein.
27. Denied. To the contrary, Defendant, USF Glen Moore, has received information
indicating that Plaintiff does not have the right to possession of the motor vehicle in question. Proof
to the contrary, is demanded of the Plaintiff, if relevant, at trial.
28. Denied. Plaintiff is in default under its Lease, Exhibit "B", in that Plaintiff does not
have ownership or the right to undisputed possession of the vehicle, and in fact is not in possession
of the vehicle at this time as required under the Lease.
29. Denied. Any actions by USF Glen Moore under the terms of its Lease were in full
compliance with the terms of that Lease. To the contrary, it is the Plaintiffwhich has defaulted
under the Lease by reason of his default under his agreement with Defendant Voegele regarding use
or ownership of the vehicle. To the contrary, Defendant USF Glen Moore, properly terminated its
Lease with the Plaintiff due to the Plaintiff's default. Moreover, Defendant had an unqualified right
3
to terminate the Lease without cause even if there were no default, which termination became
effective eleven days after any notice was given by Defendant, USF Glen Moore, which notice was
in fact given on September 10, 2001.
30. Denied. Defendant, USF Glen Moore did not have any obligation to make a good
faith effort to determine whether Plaintiff still retained rightful possession of the motor vehicle. In
any event, USF Glen Moore was notified by the legal owner of the vehicle that Plaintiff had lost any
right to use or possess said vehicle, by reason of Plaintiff's default on his arrangements with
Defendant, Voegele. In any event, it is clear that a dispute existed between Plaintiff and Defendant
Voegele which called into question the Plaintiff's right to possess and use the motor vehicle in
question, which gave Defendant a reasonable basis for terminating the Lease.
31. Denied. Defendant, USF Glen Moore, properly made payment of any sums due for
the week ending September 8, 2001. Proof that Plaintiff is entitled to said payment and that said
payment was erroneously made to Defendant, Voegele is demanded of the Plaintiff at trial.
32. Denied. Plaintiff has been unable to operate his motor vehicle because he lost the
right to possess said vehicle under his arrangements with Defendant, Voegele, and because
Defendant Voegele on or about October 4, 2001, retook possession of the vehicle. Defendant
merely properly terminated its Lease with the Plaintiff, and Defendant did not otherwise interfere
with whatever right Plaintiff may have had to operate the motor vehicle in question.
WHEREFORE, Defendant, USF Glen Moore, respectfully requests that Plaintiff's Complaint
be dismissed with cost of suit.
4
33.
Moore.
34.
NEW MATTER
Plaintiff's Complaint fails to state any cause of action against Defendant, USF Glen
Plaintiff's Complaint fails to state any cause of action against Defendant, USF Glen
Moore, that would entitle Plaintiff
Complaint.
35.
36.
to recover attorneys fees as claimed in Count III of the
Plaintiff's Complaint fails to set forth damages exceeding $25,000.
Defendant, USF Glen Moore, properly terminated its Lease with the Plaintiff due
to Plaintiff's default under the Lease, which default arose from Plaintiff' s loss of the right to use the
vehicle which was the subject of the Lease.
37. Plaintiff's rights under the Lease Agreement were terminated by the written notice
given on September 10, 2001, which even if there had been no default by Plainfiffunder the Lease,
would have terminated the lease arrangement on September 21, 2001, the 11th day after the giving
of said notice.
38. Defendant, USF Glen Moore, relied upon the notification from Defendant, Voegele
in terminating the contract, since it was a communication from Defendant, Voegele upon which it
relied in entering into the Lease in the first place.
39. Any and all payments due under the Lease were properly made by USF Glen
Moore.
40. Plaintiff's Complaint against Defendant, USF Glen Moore, is frivolous and
Defendant, USF Glen Moore, is entitled to recover its attorneys fees incurred in defending this
action.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Date: [-~ '3~0c'~..~ By:
J. JayLl~o~e~, Esqt~ire
320 Market Street, Strawberry Square, P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney I.D. #31720
Attorneys for Defendant
USF Glen Moore, Inc.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the
persons(s) and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, at
Harrisburg, Pennsylvania, with first class postage, prepaid, as follows:
Andrew H. Shaw, Esquire
Robinson & Geraldo
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
Attorney for Plaintiff
Michael J. Hanft, Esquire
19 Brookwood Avenue
Suite 106
Carlisle, PA 17013-9142
Attorney for Defendant
Edward Voegele
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Date: I - ~- rD'Z/
By:
I.D. #31720
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Defendant
USF Glen Moore, Inc.
71845.1
VERIFICATION
I, PAMELA PERRAULT, VICE PRESIDENT SAFETY on behalfofUSF GLEN MOORE,
INC., a Pennsylvania Corporation, hereby acknowledge that I am a party in this action, that I have
read the foregoing Answer to Amended Complaint, and that the facts stated therein are true and
correct to the best of my knowledge, information, and beliefi
I understand that any false statements herein are made subject to penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: [ - "Z - 'OD.-'
73031.1
DONALD TAYLOR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EDWARD VOEGELE and USF GLEN
MOORE, INC.,
TO:
CIVIL ACTION - LAW
No. 01-6383 CIVIL TERM
Defendants
NOTICE TO PLEAD
DONALD TAYLOR and his attomey, ANDREW H. SHAW, ESQUIRE
You are hereby notified to plead to the attached Preliminary Objections within twenty
(20) days from service hereof or a default judgment may be entered against you.
HANFT & KNIGHT, P.C.
Date: January 11, 2002
J. ~m~t, EsqUire (
Attorney I.D. No. 57976
Lindsay Gingfich Maclay, Esquire
Attorney I.D. No. 87954
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013 -9142
(717) 249-5373
Attorneys for Defendant, Edward Voegele
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD TAYLOR,
Plaintiff
V.
EDWARD VOEGELE and USF GLEN
MOORE, INC.,
Defendants
CIVIL ACTION - LAW
No. 01-6383 CIVIL TERM
PRELIMINARY OBJECTIONS OF DEFENDANT, EDWARD VOEGE!
TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW, this 1 lth day of January, 2002, comes the Defendant, Edward Voegele
(hereinafter "Defendant Voegele"), by and through his attorneys, Hanft & Knight, P.C., and files
the following Preliminary Objections to Plaintiffs Amended Complaint, and in support hereof,
avers as follows:
PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING
1. On or about December 14, 2001, Plaintiff filed an Amended Complaint in the
above-referenced matter. A copy of Plaintiffs Amended Complaint is attached hereto as Exhibit
Paragraphs 5 through 9 of Plaintiff s Amended Complaint allege that Plaintiff and
Defendant Voegele entered into a "Contract" and that "Plaintiff substantially performed under
the terms of the Contract by making the agreed-upon monthly payments for the Motor Vehicle."
3. Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading.
4. In his Amended Complaint, Plaintiff fails to in any way enumerate how many
monthly payments he allegedly made on the Motor Vehicle; the alleged amounts of those
monthly payments; the dates those monthly payments were allegedly made; the alleged total
purchase price of the Motor Vehicle; the alleged due-date of the monthly payments to Defendant
Voegele; or any other facts regarding how he allegedly "substantially performed under the terms
of the Contract by making the agreed-upon monthly payments for the Motor Vehicle."
WHEREFORE, Defendant Voegele, respectfully requests that this Honorable
Court grant his Preliminary Objections and dismiss Plaintiff's Amended Complaint for failure to
comply with Pennsylvania Rule of Civil Procedure 1019(a).
PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER
Paragraphs 1 through 4 above are incorporated by reference as if fully set forth
herein.
6.
Paragraphs 5 and 6 of Plaintiff's Amended Complaint allege that a written
"Contract" was entered into between Plaintiff and Defendant Voegele relating to the lease-
purchase of a "year 2000 model Freightliner Classic motor vehicle."
A copy of the alleged "Contract" is attached to Plaintiff's Amended Complaint as
Exhibit "A".
8.
The alleged "Contract," attached to Plaintiff's Amended Complaint as Exhibit
"A," merely me~norializes that the parties had "an agreement of a lease purchase 2000
Freightliner Classic. Vin # 1FUPCS7B1YLB86496;" however, the alleged "Contract" fails to
state the terms or amounts for repayment, nor does it state a sale price.
9. Plaintiffs Amended Complaint fails to state a cause of action because as a matter
of law, the document which Plaintiff refers to as the "Contract" is legally insufficient and
Plaintiff failed to either produce a written Contract or to sufficiently enumerate the terms of an
oral contract.
WHEREFORE, Defendant, Edward Voegele, respectfully requests that Plaintiffs
Complaint be stricken because the document that Plaintiff alleged was a "Contract" is not legally
sufficient to be a contract.
PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER
10. Paragraphs 1 through 9 above are incorporated by reference as if fully set forth
herein.
11. Paragraph 9 of Plaintiff's Amended Complaint states that Plaintiff"substantially
performed under the terms of the Contract by making the agreed-upon monthly payments for the
motor vehicle."
12. There are no terms enumerated in the document attached to Plaintiffs Amended
Complaint as Exhibit "A," and which Plaintiff has labeled "Contract."
13. The alleged oral terms which Plaintiff enumerates in Paragraphs 6 and 7 of his
Amended Complaint fail to state how many monthly payments Plaintiff allegedly made on the
Motor Vehicle; the alleged amounts of those monthly payments; the dates those monthly
payments were allegedly made; the alleged total purchase price of the Motor Vehicle; or the
alleged due-date of the monthly payments to Defendant Voegele.
14. Plaintiffs Amended Complaint fails to state a cause of action against Defendant
Voegele because Plaintiff has failed to produce any "agreement" between himself and Defendant
Voegele, and Plaintiff has failed to adequately produce the terms of any contract between
Plaintiff and Defendant Voegele.
WHEREFORE, Defendant Edward Voegele respectfully requests that Plaintiff,s
Amended Complaint be stricken because Plaintiff has enumerated insufficient alleged agreed-to
terms to the "Contract."
PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING
herein.
15. Paragraphs 1 through 14 above are incorporated by reference as if fully set forth
16. Paragraphs 5 and 6 of Plaintiff,s Amended Complaint allege that Plaintiffand
Defendant Voegele entered into a written contract for the lease purchase of a "year 2000 model
Freightliner Classic motor vehicle."
17. The document attached to Plaintiff,s Amended Complaint as Exhibit "A," which
Plaintiff refers to as a "Contract," is legally and factually insufficient to form a contract.
18. Paragraphs 6 and 7 of Plaintiff,s Amended Complaint purport to enumerate the
"oral terms" of the "Contract" between Plaintiff and Defendant Voegele.
19. The alleged oral terms which Plaintiff enumerates in Paragraphs 6 and 7 of his
Amended Complaint fail to state how many monthly payments Plaintiff allegedly made on the
Motor Vehicle; the alleged mounts of those monthly payments; the dates those monthly
payments were allegedly made; the alleged total pumhase price of the Motor Vehicle; or the
alleged due-date of the monthly payments to Defendant Voegele.
20. Paragraph 9 of Plaintiff's Amended Complaint alleges that Plaintiff"substantially
performed under the terms of the Contract by making the agreed-upon monthly payments for the
Motor Vehicle."
21. In his Amended Complaint, Plaintiff fails to adequately enumerate these alleged
"oral contract terms" and/or how Plaintiff allegedly "substantially performed" under these so-
called "terms".
22. In his Amended Complaint, Plaintiff fails to enumerate how many monthly
payments Plaintiff allegedly made on the Motor Vehicle; the alleged amounts of those monthly
payments; the dates those monthly payments were allegedly made; the alleged total purchase
price of the Motor Vehicle; or the alleged due-date of the monthly payments to Defendant
Voegele.
23.
24.
Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading.
Paragraphs 5 through 9 of Plaintiff's Amended Complaint fail to set forth the
material facts on which Plaintiff's cause of action is based, which is in contravention to Pa.
R.C.P. 1019(a).
WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant
his Preliminary Objections and dismiss Plaintiff's Amended Complaint for failure to comply
with Pennsylvania Rule of Civil Procedure 1019(a).
PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER
25. Paragraphs 1 through 24 above are incorporated by reference as if fully set forth
herein.
26.
Paragraph 14 of Plaintiff's Amended Complaint states that Defendant Voegele
"knowingly and willingly invaded and interfered with the contractual relationship of Plaintiff and
Glen Moore for the purpose of promoting Voegele's own financial interest by stating to Glen
Moore that Plaintiff no longer had rightful possession of the Motor Vehicle".
27. In his Amended Complaint, Plaintiff has failed to offer any specific allegations
that he had title to or "rightful possession of" the vehicle.
28. In his Amended Complaint, Plaintiff has failed to allege any action by Defendant
Voegele to support his claim that Defendant Voegele "knowingly and willingly invaded and
interfered with the contractual relationship of Plaintiff and Glen Moore."
29. In his Amended Complaint, Plaintiff fails to state a claim upon which relief could
be granted because Defendant Voegele was and has, at all relevant times hereto remained, the
rightful owner of the Motor Vehicle and therefore, Defendant Voegele did not wrongfully
interfere in Plaintiff's contract with Glen Moore.
WHEREFORE, Defendant Voegele moves this Honorable Court to strike Count I of
Plaintiff's Amended Complaint dealing with Defendant Voegele's alleged "intentional
interference" with Plaintiff and Defendant Glen Moore's contract.
PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING
herein.
30. Paragraphs I through 29 above are incorporated by reference as if fully set forth
31. Paragraph 14 of Plaintiff's Amended Complaint states that Defendant Voegele
"knowingly and willingly invaded and interfered with the contractual relationship of Plaintiff and
Glen Moore for the purpose of promoting Voegele's own financial interest by stating to Glen
Moore that Plaintiff no longer had rightful possession of the Motor Vehicle".
32. In his Amended Complaint, Plaintiff has failed to offer any specific allegations
that he had title to or "rightful possession of" the vehicle.
33. In his Amended Complaint, Plaintiffhas failed to allege any action by Defendant
Voegele to support his claim that Defendant Voegele "knowingly and willingly invaded and
interfered with the contractual relationship of Plaintiff and Glen Moore."
34. Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading.
35. In his Amended Complaint, Plaintiff fails to enumerate how and/or when he
obtained legal title to the Motor Vehicle, nor has Plaintiff offered any proof that the Motor
Vehicle belonged to him, nor has Plaintiff alleged any action to support his claim that Defendant
Voegele "knowingly and willingly interfered with the contractual relationship of Plaintiff and
Glen Moore."
WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant
his Preliminary Objections and dismiss Plaintiff's Amended Complaint for failure to comply
with Pennsylvania Rule of Civil Procedure 1019(a).
PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING
herein.
36. Paragraphs 1 through 35 above are incorporated by reference as if fully set forth
37. Paragraph 16 of Plaintiff's Amended Complaint states that "Plaintiff has since
been unable to use his Motor Vehicle in accordance with the terms of the Lease" (emphasis
added).
38.
39.
Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading.
In his Amended Complaint, Plaintiff fails to enumerate how and/or when he
obtained legal title to the Motor Vehicle, nor has Plaintiff offered any proof that the Motor
Vehicle belonged to him.
WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant
his Preliminary Objections and dismiss Plaintiff's Amended Complaint for failure to comply
with Pennsylvania Rule of Civil Procedure 1019(a).
PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING
herein.
40. Paragraphs 1 through 39 above are incorporated by reference as if fully set forth
41. Paragraph 18 of Plaintiff's Amended Complaint states that "[a]t all times relevant
to this matter, Plaintiff has claimed rightful and legal possession of the Motor Vehicle."
42. Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading.
43. In his Amended Complaint, Plaintiff fails to enumerate how and/or when he
obtained "rightful and legal possession of the Motor Vehicle," nor has Plaintiff offered any proof
that the Motor Vehicle was titled in his name.
WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant
his Preliminary Objections and dismiss Plaintiff's Amended Complaint for failure to comply
with Pennsylvania Rule of Civil Procedure 1019(a).
PRELIMINARy OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING
44.
herein.
45.
Paragraphs 1 through 43 above are incorporated by reference as if fully set forth
Paragraph 20 of Plaintiff' s Amended Complaint states that Plaintiff"continued to
have legal possession of the Motor Vehicle because he had not breached the Contract."
46. Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading.
47. In his Amended Complaint, Plaintiff fails to enumerate how and when he obtained
"legal possession of the Motor Vehicle," nor has Plaintiff offered any proof that the Motor
Vehicle was titled in his name.
48. In his Amended Complaint, Plaintiff fails to enumerate, nor did he proffer any
proof or evidence of the allegation that "he had not breached the Contract."
WHEREFORE, Defendant Voegele, respectfully requests that this Honorable Court grant
his Preliminary Objections and dismiss Plaintiff's Amended Complaint for failure to comply
with Pennsylvania Rule of Civil Procedure 1019(a).
PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING
herein.
49. Paragraphs 1 through 48 above are incorporated by reference as if fully set forth
50. In his prayers for relief in Counts I, II, and III of his Amended Complaint, Plaintiff
requests "other reasonable costs."
51. Pennsylvania Rule of Civil Procedure 1019(a) requires fact pleading.
52. In his Amended Complaint, Plaintiff fails to enumerate with any specificity what
is being claimed by "other reasonable costs."
WHEREFORE, Defendant Voegele requests this Honorable Court strike "other
reasonable costs" from Plaintiff's prayers for relief.
Respectfully Submitted,
HANFT & KNIGHT, P.C.
Date: January 11, 2002
A_ttomey I.D. No. 57976
Lindsay Gingfich Maclay, Esquire
Attorney I.D. No. 87954
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Defendant, Edward Voegele
CERTIFICATE OF SERVICE
AND NOW, this 1 lth day of January, 2002, I, Lindsay Gingrich Maclay, Esquire, hereby
certify that I have this day served the following persons with a copy of the foregoing Preliminary
Objections, by depositing same in United States Mail, First Class, Postage Prepaid, addressed as
follows:
Andrew H. Shaw, Esquire
ROBINSON & GERALDO, P.C.
P.O. Box 5320
Harrisburg, Pennsylvania 17110-5320
J. Jay Cooper, Esquire
GOLDBERG, KATZMAN & SH2MAN, P.C.
320 Market Street, Strawbeny Square
P.O. Box 1268
Harrisburg, Pennsylvania 17108-1268
HANFT & KNIGHT, P.C.
(..~Lifidsa3 Gir~91{ l(/lacl~, Esqui~:e (.. (
Attorney I.DfNo. 87954
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013 -9142
(717) 249-5373
Attomeys for Defendant, Edward Voegele
Exhibit A
DONALD TAYLOR,
Plaintiff,
Ye
EDWARD VOEGELE and USF GLEN
MOORE, INC.,
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6383
CIVIL ACTION - LAW
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 days atter 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. Your are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
yOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
(800) 990-9108
-Tlq~UE COPY FROM RECORD
I~ Te~,,~,~.~¥ v~r~, I here unl~ ae~ my hana
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 01-6383
:
CIVIL ACTION - LAW
AMENDED COMPLAINT
AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his
Attorneys, Robinson & Geraldo, and files this COMPLAINT, and in support thereof states as
follows:
I. The Plaintiff is an adult individual residing at 437 Meadow Lane, Shermans Dale,
Perry County, Pennsylvania.
2. Defendant Edward Voegele (hereinafter "Voegele") is an adult individual residing
at 737 County Road 308, Cullman, Alabama 35057.
3. Defendant USF Glen Moore, Inc. (hereinafter "Glen Moore") is a Pennsylvania
corporation with a principal place of business located at 1711 Shearer Drive, Carlisle,
Cumberland County, Pennsylvania.
4. Voegele has a mailing address in Pennsylvania of 950 Walnut Bottom Road, Suite
203, Carlisle, Cumberland County, Pennsylvania.
5. On or about July l, 2000 Plaintiff and Voegele entered into a written contract
(hereinafter "Contract"), termed a lease purchase agreement, for the purchase of a year 2000
model Freightliner Classic motor vehicle (hereinafter "Motor Vehicle") (a copy of which is
attached hereto as "Exhibit A" and is incorporated by reference).
6. Under the oral terms of the contract between Plaintiff and Voegele, Plaintiff was
to make monthly payments of Two-Thousand Four Hundred Sixty-Five and 94/100 ($2,465.94)
Dollars.
7. The monthly payments were to be for a total of Forty-Eight (48) months.
8. The Contract was executed in Cumberland County.
9. Plaintiff has substantially performed under the terms of the Contract by making
the agreed-upon monthly payments for the Motor Vehicle.
10. On or about July 1, 2000, Plaintiff and Glen Moore (hereinaf[er "Glen Moore")
entered into a lease agreement (hereinafter "Lease") providing for compensation for use of
Plaintiffs Motor Vehicle (a copy of which is at~ached hereto as "Exhibit B" and is incorporated
by reference).
Count I - Intentional Interference With Contract
11. Plaintiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 10 as if fully set forth herein.
12. Voegele is not a party to the Lease between Plaintiff and Glen Moore.
13. Plaintiff generates approximately Five Thousand and 00/I00 ($5,000) Dollars per
week in gross income fi.om the lease with Glen Moore.
14. On or about September 7, 2001, Voegele knowingly and willfully invaded and
interfered with the contractual relationship of Plaintiff and Glen Moore for the purpose of
promoting Voegele's own financial interest-by stating to Glen Moore that Plaintiff no'longer had
rightful possession of the Motor Vehicle.
15. Upon notice from Voegele, Glen Moore immediately terminated the Lease.
16. Plaintiff has since been unable to use his Motor Vehicle in accordance with the
terms of the Lease.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Edward Voegele, for both compensatory and punitive damages, an
amount in excess of Twenty-Five Thousand and 00/100 ($25,000.00) Dollars plus other
reasonable costs.
Count II - Breach of Contract
17. Plaintiff incorporates by reference ail of the allegations and averments contained
in paragraphs 1 - 16 as if fully set forth herein.
18. At all times relevant to this matter, Plaintiff has claimed rightful and legal
possession of the Motor Vehicle.
19. On or about September 9, 2001, Plaintiff spoke with Voegele regarding a dispute
over the Contract, where Voegele requested possession of the Motor Vehicle due to Plaintiff
breaching the Contract.
20. During the conversation on September 9, 2001, Plaintiff refused to return
possession of the Motor Vehicle to Voegele, claiming that Plaintiff continued to have legal
possession of the Motor Vehicle because he had not breached the Contract.
21. Plaintiff continued to keep the Motor Vehicle on his premises and did not hold the
premises open to Voegele.
22. On or about October 4, 2001, Plaintiff returned to his residence and discovered
that the Motor Vehicle was missing.
23. The Motor Vehicle is nowin Voegele's possession.
24. Voegele refuses to return possession of the Motor Vehicle to Plaintiff.
25. As a result of Voegele's actions on both geptember 7, 2001 and October 4, 2001,
Plaintiffhas been unable to commercially use the Motor Vehicle because the Motor Vehicle was
taken from his possession.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Edward Voegele in an amount in excess of Twenty-Five Thousand
and 00/100 ($25,000.00) Dollars plus other reasonable costs. In the alternative, Plainfiffrequests
this Honorable Court to enter judgment in favor of the Plaintiff through specific performance by
requiring Voegele to return possession of the Motor Vehicle to Plaintiff.
Count III-Breach of Contract
26. Plaintiff incorporates by reference all of the allegations and averments contained
in paragraphs 1 - 25 as if fully set forth herein.
27. At all times relevant to these proceedings, Plaintiff has had a rightful and legal
interest in the possession of the Motor Vehicle.
28. At all times relevant to these proceedings, Plaintiff has substantially complied
with and fulfilled the terms of the Lease.
29. Glen Moore's actions on September 7, 2001, as stated above, violated the terms of
the Lease because Plaintiffhad full and complete legal right and authority to the Motor Vehicle.
30. Before terminating the Lease, Glen Moore never made a good faith effort to
determine whether Plaintiffstill retained rightful possession of the Motor Vehicle.
31. UPOn temdnating the Lease, Glen Moore forWarded the payment for the Week
ending September 8, 2001 to Voegele, which Plaintiff was entitled to receive under the existing
Lease.
32. As a further result of Glen Moore's actions, Plaintiff has been unable to operate
his Motor Vehicle in accordance with the terms of the Lease, since the date of geptember 7, 2001
to the present.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Glen Moore in an amount in excess of Twanty-Five Thousand and
00/100 ($25,000.00) Dollars plus other reasonable costs. '
Date:
Respectfully submitted:
ROBINSON & GERALDO
By:
Andrew H. Shaw, Esqmre
ROBINSON & GERALDO
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Plaintiff
VERIFICATIO~N
I verify that the statements made in this Complaint are true and correct. I
unde~sland that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
onal~
DONP~LD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN :
MOORE, INC ·
Defendants :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6383
CIVIL ACTION - LAW
CERTIHCATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 14th day of December, 2001, I
caused a true and correct copy of the AMENDED COMPLAINT to be served upon the following
individual by first class, by depositing same in the United States, postage prepaid, at Harrisburg,
Pennsylvania.
Michael J. Hanft, Esq.
Attorney for Edward Voegele
19 Brookwood Avenue
Suite 106
Carlilse, PA 17013-9142
J. Jay Cooper, Esq.
Attorney for USF Glen Moore, Inc.
Goldberg, Katzman, & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
ROBINSON & GERALDO
· ATTORNEY I.D. NO, 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
Attorney for Plaintiff
1 Edward D. Voegele and Donald S. Taylor
have an agreement of a lease purchase 2000
Freightliner Classic. Vin # 1FUPCSTBIYLB86496
As of July 1,2000. As ofJulyl, 2000 Donald
S. Taylor assumes all responsibility.
Ed~var D.~Vo~egqt e
D6n~a4ff~S. Taylor
USF GLEN' MOORE, INC. OWNER/OPERATOR
EQIJI[PMENT LEASE AGREEMENT
LEASE# 9292
USF Glen Moore, Inc., of Carlisle, Pennsylvania, a motor carrier holding operagng authority in ICC DOCKET
NO~ MC-192952 (hereafter "USF Glen Moore, Inc." or "Lessee") and DON 8. TAYLOR of the motor vehicle
equipment described below and leased herein (hereafter "Lessor") hereby enter into and ag~'e to be bound by the
Equipment Lease Agreement (hereafter "Lease") in accordance with the roles and regulations of the Interstate
Commerce Commission (ICC).
PARTIES: The parties to this lease are the parties indicated above and any of their agents, employees,
con~ractors, drivers, or succassors-in-interest. Where applicable, the terms used herein shall have the
meaning ascribed by the ICC in 49 C.F.R. 1057.2. The parties agree that any of the;r agents or other
representatives to whom this Lease is entrusted are hereby duly authorized to sign and perform this Lease
on bebnlf of their respective parties.
COPIES: This lease shall be signed and executed in at lease three (3) copies, each of which sha/l be
considered an original. One executed copy (known as the lessee- carrier's copy) shall be retained by USF
Glen Moore, Inc. One executed copy (known as the Lussor's copy) shall be retained by Lessor. One
executed copy (known as the equipment copy) shall be carried on the leased equipment during the period of
this lease, unless a certification statement is carried on the equipment instend, pursuant to 49 C.F.1L
1057.11 (c)(2).
EQUIPMENT TO BE LEASED: For and in consideration of the agreed rental and the covenants, terms
and conditions set forth herein, Lessor hereby leased to USF Glen Moore, Inc., and USF Glen Moore, Inc.
hereby rents, hires and lets from Lessor the motor vehicle equipment described in Appendix C. Ix'ssor
w .arrants to USF Glen Moore, Inc., that the equipment described in Appendix C is not subject to any
existing lease, that Lessor is the "owner" of the equipment within the meaning of 49 C.F.R. 1057.2 (d), and
that Lessor has full and complete legal right and authority to lease such equipment pursuant to the terms of
this lease.
QUALIFACATION OF LESSOR: In order to be qualified to perform the required services pursuant to th.is
Lease, Lessor shall maintain and provide Lessee, upon request, with adequate proof of the following
(a) Ownership and title of the equipment described in Appendix C, or Lessor's right to exclusive use
of
such equipment for a period longer than 30 days.
Co) State certification and commercial driver's license authorizing Lessor or his driver to opente and
use the equipment described in Appendix C.
(c)
(d)
Insurance in the type amount specified in this Lease; and Financial statements and/or other related
documents establishing Lessor's financial respons~illly and ability to conduct Ms business;
Results of drug and alcohol tests for each driver and operator of the equipment leased hereunder,
given pursuant to Section 10 (c) of tiffs Lease, indicating negative results of such test. Any
operator for whom such drug and alcohol test produces a pos/five Finding, shall not bc qualified to
operate the leased equipment, and thc services ofsach dr/vet or operator will not be accepted by USF'
Glen Moore, Inc.
RECEIPTS AND RECORDS: Upon taking possession of the equipment, USF Glen Moore,/nc. shall
furnish Lessor with a r~ceipt for such possession stating the date and time of day when possession of the
equipment is taken by USF Glen Moore, Inc., and identifying tbe equipment to be leased. Tbe r~ceipt may
be ~ransmiRed of communication. When USF Glen Moore, Inc. surrenders possession oftbe equipment to
l~ssor upon termination of this Lease, Lessor shall furnish a similar receipt to USF Glen Moore, Inc.,
identifying the equipment and the date and time of day when possession thereof was r~oa-ned to Lessor.
Th/s receipt may be Wansmitted to USF Glen Moore,/nc.by mail, telegraph, or other similar means of
communication. USF Glen Moore, Inc. shall maintain those records regarding the leased equipment
required by 49 C.F.R. 1057.11 (d).
IDENTIFICATION OF EQUIPMENT:
(a) During the period ofth/s lease, the leased equipment shall be marked to identify USF Glen Moore,
Inc. as the. operating carrier in accordance with 49 C.F.R. 1057.11 (C) and 1058. USF Glen
Moore, Inc. ag~es to furnish such identification for equipment to Lessor, and Lessor agrees to
display such identification thereon in the manner requited by all applicable laws and regulations.
(b) When the equipment is not in actual and authorized me for USF Glen Moore, Inc., Lessor agrees
to remove fi-om the leased equipment, all signs, placards, and identification devices displaying
USF Glen Moore, Inc. name and ICC docket number. Moreover, upon termination oftbe Lease,
Lessor shall also return to USF Glen Moore, Inc., all other property (such as, but not limited to,
permits and authority packets) furnished by USF Glen Moore, Inc. to Lessor. Such identification
devices and other property of the Lease at Lessors expense by first-class mail, postage prepaid. As
provided in Section 12 (c), and hereof, the return of all identification devices is a condition
precedent to final payment to Lessor and to the rean'n of the escrov.' fund.
DURATION OF LEASE AGREEMENT:
(a)
(b)
(c)
(d)
This Lease shall commence on the "effective date and hour" specified in the t'inal paragraph
hereof, and shall continue in effect until termination in the manner described below.
After this Lense has been in effect for 30 days, it may be terminated by either party on ten (10)
days' notice, by mailing or delivering to the other party two copies ora written notice of
termination (except that USF Glen Moore, Inc., may terminate this Lease sooner for breach, as
described below). Termination shall be effective either upon the 1 Itt day after receipt of the
termination notice, or at such later date as may be specified in the notice, or at such later date as
may be specified in the notice. The party receiving notice of termination shall receipt the copy of
such notice and return such receipted copy to the other party.
Any nsc of the equipment outside the scope of this Le~e by Lessor. is a specifically designated
breach which automatically terminates this Lease and ends responsibility for the leased equipment,
unless otherwise agreed in writing by USF Glen Moore,/nc.
The lessee may terminate this Lease immediately by oral communication (followed b; written
confumatinn within 30 days) for any of the following reasons, each of which constitutes a breach
of this Lease: (1) Lessors failure to furnish the equipment described in Appendix C or keep such
equipment in good operating condition in accordance with all appropriate safety r~quirements,
including those of the U.S. Department of Transportation (DOT); (2) Lessors
failure to make available at all times a competent driver, properly qualified under DOT, state and
other safety regulations; (3} Lessors failure to comply with reasonable requests by USF Glen
Moore, Inc. for adjustment of equipment necessary, to render nsefnl or effective service, including
funfishing necessary supplemental equipment; (4) the loss, damage, destruction, or thefi of a
10.
uailer being operated by, or in the possession of Lessor; and (5) violation of any covenant or
other provision of this Lease.
PURPOSE AND OPEEATIONS:
(a)
It is understood that, during the term of this Lease, USF Glen Moore, Inc. shall have exclusive
possession, conh'ol and use of the leased equipment, and that USF Glen Moore, Inc. assmnas
complete responsibility for its operation during such term, to the extent required by 49 C.F.R.
1057.12 (c).
(b)
Lessor agrees to follow the insmictions of USF Glen Moore, Inc., regarding the use of the leased
equipment during the term of this Lease, and to indemnify USF Glen Moore, Inc., against any
liability resulting fi-om the use of the equipment leased berein, as more fully described in Section
15 below.
(c)
The performnnce of this/.~..ase shall be in accordance with all laws, regulations and requ/rements
of the ICC, DOT and all other appropriate public bodies (hereinafter collectively referred to
"governmental regulations"). Lessor shall comply and shall cause its driver to comply with all
governmental regulations, and Lessor agrees to indemnify USF Glen Moore, Inc. against and to
hold USF Glen Moore, Inc., harmless for may violations of soch regulations.
(d)
Lessor shall report all accidents, claims, losses, damages, shorlages, over-weights, or overages to
USF Glen Moore, Inc. immediately, and shall provide USF Glen Moore, Inc. with all written
reports affidavits, or other assistance as may be necessary to investigate, settle or adjudicate such
matters.
(¢)
Lessor agrees to operele the equipment form origin to destination over Lessor's choice of legal
routes. Lessor expressly agrees to make timely and safe deliveries of all loads, and also agrees to
notify USF Glen Moore, had. when delivery has been made or when delivery will be delayed for
any reason. Should Lessor for any reason fall to complete delivery cfa load accepted, USF Glen
Moore, Inc. may arrange for completion of such delivery at Lessors expense, and completion of
the trip involved in order to reduce or limit USF Glen Moore, Inc's. liability. Lessor hereby
waives any recourse against USF Glen Moore, Inc. in such action and agrees to reimburse USF
Glen Moore, Inc. for any cost and expense arising out of completion of such ~p and to pay USF
Glen Moore, Inc. any damages for which USF Glen Moore, Inc. may be liable to the shipper or
others arising out of Lessors failure to complete the trip.
ASSIGNMENT AND SUBLEASING: Neither party may assign this Lease. However, during the term of
this Lease, USF Glen Moore, Inc. shall have the right to sublease the equipment as if it were the owner of
such equipment, and USF Glen Moore, Inc. shall be relieved of exclusive possession, responsibility and
control over the leased equipment during the period of any such sublease.
COST OF OPERATION:
(a)
Lessor agrees to deliver to USF Glen Moore, Inc., the lease equipment in good running order and
condition, and to maintain the equipment, at Lessors own expense, ia good working condition,
fitrnishing all necessary items (such ns oil, fuel, tires, parts, supplies, and repairs for the operation
of said equipment. Lessor further agrees to keep the equipment clean and to comply at its own
expense with all safety and other requirements mandated by any pertinent governmental
regulations. Lessor shall, at its own expense, immediately make such mechanical correction or
other adjustments and repairs as are necessary for the equipment's proper operations. USF Glen
Moore, Inc. has the right to inspect the equipment at any time.
(h)
Lessor shall be responsible to pay for all other costs of operatlon of the equipment which are not
specifically required herein to be paid by USF Glen Moore, Inc. Such operational costs ~ be
borne by Lessor include, without limitation: fuel and fuel taxes; weight tickets; tolls; fares; base
11.
(c)
pla!es and licenses; dctenrion and accessorial so, ices; any unused portions of the foregaing items;
mamtenunce and repair costs; wages and remuneration of operators, drivers and helpers, including,
but not limited to, overtime and bonuses; personal injury and property damage insuranc~ relating
to tho equipment as further described in Section 14 below; workers' compeusatiun premiums,
unemployment insurance, social security payments or other similar insurance; taxes or benefits
relating to the operators, drivers and helpers; axle, weight and other ~axes, fees, charges,
assessments or exactions relating to the equipment, including mileage and highway taxes and all
reports connected with such matters; liability for property damage and personal injury exceeding
the scope of insurance coverage; and, except as otherwise provided in this section 10 0a), all fines
and penalties arising out of the use of such equipment. Except when the violation results fi.om the
acts or omissions of Lessor, D'SF Glen Moore, Inc. shall assume the risks and cost of fines for
overweight and oversize txailers when the trailers are preloaded, sealed, or the load is
~ootainerized, or when the trailer or lading is otherwise outside of Lessor's consol, and for
~mproperly permitted over-dimensioo and overweight loads and shall reimburse Lessor for any
fmcs paid by Lessor. Lessor should weigh equipment at nearest set of scales to be sure that axle
and gross weights meet prescn'bed weights by local, state and federal regulations, or be authorized
by a USF Glen Moore, Inc. dispatcher to continue to continue trip.
Lessor shall furnish, at its own expense, the drivers and other personnel necessary to operate the
equipment leased herein. Such drivers and other personnel shall be exclusively the employees of
lessor, shall be at lease 21 years of age, have proper operators' licensus, and shall be in compliance
with all Federal and State regulatory requi~'ements ~ertain~no~ to physical examinatlous and drivea's
test. ~essor further agrees to keep records of and pay all taxns, payroll deductions and insurance
pre:mums relating to such drivers and personnel (including, but not limited to, all social security
taxes, sickness and accident taxes, insurance premiums, and other payroll withholding and similar
deductions or taxes ). Subject to USF Glen Moore, Inc.'s obligations under pertinent
governmental regulations, all drivers, helpers or other personnel engaged by Lessor in the
performance of Lessor's obligations under this Lease shall be solely under the control and
direction of Lessor. Lessor fuaher represents that the drivers and operators funfished for the
equipment are familiar with, and will obey, all applicable governmental regulations; that the
drivers and operators will cooperate with USF Glen Moore, Inc. in complying with all
governmental regalations and providing a complete transportation serve; that the drivers and
operators will take such tests as may be prescrfoed by USF Glen Moore. lac., including, but not
limited to, screening for the presence of drogs and/or alcohol and cooperate in such tests and in
such safety and training programs as may be administered by USF Glen Moore, Inc.; and that
Lessor or its employees will promptly file with USF Glen Moore. Inc., all log sheets, physical
exanxmation certificates, accident reports, copies of workers' compensation insurance policies, and
other reports, documents and data required by law or by USF Glen Moore, Inc. At the
commencement of th.is Lease, Lessor shall provide USF Glen Moore, Inc.. with the Certificate of
Driver Qualification and Hours of Service Certification for the leased drix~er.
(d)
USF Glen Moore, Inc. will supply all permits to Lessor at the inception of the Lease, and will
deduct the cost of said permits (See Appendix B). Upon termination of this lease, Lessor shall
return all permits (Wansferable and non-transferable) to the Lease.
COMPENSATION:
USF Glen Moore, Inc. agrees to pay Lessor for the rental, use and operation of the equipment
leased herein, compensation as p~ovided in Appendix A which is at~ached hereto and made a part
hereof, less charges and deductions as provided in tiffs agreement. Where the Lessor's equipment
is used in lease interchange operations with other carriers, all payments made to other carriers, all
payments made to other carriers in connection with that use shall be deducted from the Lessor's
compensation.
It is expressly understood that USF Glen Moore, Inc. does not guarantee Lessor any amount of
fi.eight for transportation during any period of time
12.
13.
14.
SETTLEMENT:
(a) Payments by USF Glen Moore, Inc. to Lessor for the use and operation of the leased equipment in
a thp in the service of USF Glen Moore, Inc. shall be made within ten (10) days after submission
to USF Glen Moore, Inc. of driver log books required by DOT a~d documents nec,~,_,-y to secure
payment from the shipper, including bills of fading (to which exceptions have been taken) or
shipping on:lets; .signed delivery receipts; and any specific documents required by the shipper. In
addition, after completion of each trip in the service of USF Glen Moore, Inc., Lessor shall submit
to USF Glen Moore, Inc., ail interchange papers; fuel purchase receipts; damage reports; state or
federal inspection reports; accident reports; driver daily vehicle condition
reports; weight slips; trip manifests; toll receipts; detention, mileage, and log report; and any other
reports required by govermnental regulation.
(b)
Upon termination of the Lease, as a condition precedent to fmui payment, Lessor shall remove
fi'om the equipment, and return to USF Glen Moore, Inc., all equipment identification devices of
USF Glen Moore, Inc. as provided in Section 6 (b) of tiffs Lease. If the identification devices have
been lost or stolen, a letter flora Lessor certifying the removal of such devices fi*om the equipment
w~ll satisfy this requirement. Until this requirement is satisfied, USF Glen Moore, lac. may
withhold final payment.
CHARGE BACKS: USF Glen Moore, Inc. expressly reserves its right under C.F.IL. 1057.12 0a) to
initially pay any of the expenses which are Lessor.s respomibility under this Lease, subject to USF Glen
Moore, Inc.'s right to deduct such prepaid items fi*om Lessor's compensation. Lessor hereby authorizes
USF Glen Moore, Inc. to make deductions each week fi-om rental charges to be paid Lessor for any monies
authorized and/or expended by USF Glen Moore, Inc. on behalf of Lessor including, but not limited to,
license tags, vehicle registration and title fees, permits, cash advances, equipment, repairs, fuel loan
payment, all insurance payments (including, for example, but not limited to liability, medical and worker'
compensation), trailer or other equipment rental fees, tax stickers, and tractor payments. USF Glen Moore,
Inc. will deduct $1,000.00 fi-om senlement for deductible on physical damage on trailers and $1,000.00 for
cargo insurunee deductible. The amount of the expense charged back to Lessor shall be the amount which
USF Glen Moore, Inc. was required to pay or advance. USF Glen Moore, Inc. shall provide Lessor with a
written explanation and with copies of those documents which are necessary to determine the validity of
the deductions. Any such payments by USF Glen Moore, Inc. on behalf of Lessor, shall be repaid in full by
Lessor within thin7 (30) days, shall be paid by Lessor.
INSURANCE AND RESPONSIBILITY:
(a)
USF Glen Moore, Inc. shall maintain insurance coverage for the protection of the public pursuant
to and in the amounts required by Interstate Commerce Commission regulations promulgated
under 49 U.S.C.
10927. USF Glen Moore, Inc. shall secure such insurance, shall maintain the insurance in its own
name, shall be responsible for paying the premiums on such insurance, and shall file evidence of
such insurance with the Interstate Commerce Commission.
(b)
USF Glen Moore, Inc. shall be named as an Additional Insured under Insurance Service Office
from No. CA 23 12 (TRUCKER'S - Named Lessee as Insured) with respect to ail insurance
obtained by Lessor ia connection with this Lease. Lessor shall furnish USF Glen Moore, Inc. with
Certificates oflnsarance evidencing this imuranee and stating that ooverage cmmot be euncelled
or materiaily changed withOUt thirty-days advance writlen notice to USF Glen Moore, Inc. Lessor
shall be responsible for physical damage, theft or loss to the leased equipment without regard to
the eanse thereof. Lessor shall obtain and maintain statutory Workers' Compensation or other
insurance, and shall pay all costs thereof, relating to drivers or other personnel furnished in
connection with the lensed equipment. A Certificate of Insurance evidencing such coverage shall
be provided to USF Glen Moore, Inc.
15.
16.
17.
18.
19.
20.
(c) D'.S .F Glen Moore, Inc. reserves file right to make deductions from Lessor~ compensation fuc losses
ansmg out of Lessur~s failure to maintain the required insurance. USF Glen Moore, Inc. will
furnish Lessor with a wr/tten itemized explanation of such deductions before deductions are made
for such losses.
(d) Nothing contained in this Section 14 shall be construed to in any way limit the liability of USF
Glen Moore, Inc. to the public in connection with file use of file leased equipment under this
le~e.
INDEMNIFICATION: In addition to any and all other remedies provided under this Lease, Lessor
specifically agrees to indemnify USF Glen Moore, Inc. and bold USF Glen Moore, Inc. harmless, through
deduction or payment, from any and all claims, suits, losses, fmcs, thefts, damages, liabilities, costs, or
other expenses arising out of, based upon, or incurred because of injta3, to eny person or persons or dnmnge
to any proporty sustained or which may be alleged to have been sustained in connection with this Lease or
as a result oftbe use of file leased equipment during the term of filis Lease, including, but not limited to,
.an? ~iolations of governmental regulations; loss or damage to cargo, equipment or other property;, pe~o~al
inJUries; workers' compensation claims; and the unauthorized use of file leased equipment. Additionally,
Lessor expressly releases and discharges USF Glen Moore, Inc. from any and all claims and liability
arising in connection with this Lease.
EQUIPMENT OR PRODUCTS: Lessor is not required to purchase or rent any products, equipment or
services from USF Glen Moore, Inc. as a condition to ente~g this Lease. However. if the Lessor is party
to an equipment purchase or rental contract which authorizes USF Glen Moore, Inc. to make deductions
om Lessor s rental payment, the material prowslons of such con~ract will be set forth in an Appendix to
this Lease.
CONDUCT OF LESSOR: Lessor and/or its drivers shall conduct themselves in such a manner as to
preserve good relations with the public so as not to adversely affect the satisfactory performance of USF
Glen Moore, Inc.' s contracts with its customers. Failure to do so, will be considered a breach of this Lease
and can result, in the discretion of USF Glen Moore, Inc., in the termination of this Lease.
PERMITS AND DECALS: At the termination of the Lease, USF Glen Moore, Inc. requests the return of
all equipment identification devices and other property (such as, but not bmhed to, trailers, permits,
placards and authority packets) fiamished by USF Glen Moore, Inc. to Lessor pursuant to Section 6 of this
Lease. Lessor pays all of the expenses and liability for which it is liable hereunder and returns all
equipment identification devices and other USF Glen Moore, Inc. property to USF Glen Moore, Inc. or
final settlement may be held.
COLLECTIONS AND REMITTANCES: In the event Lessor is required to collect nmnics due USF Glen
Moore, Inc. for transportation of commodities, Lessor will collect the same by certified check or money
order payable to USF Glen Moore, Inc. together with any and all charges arising out of or in connection
with said transportation ia accordance with the bill of lading, shipping contract, or other written instructions
covering each shipment transported hereunder. Lessor will remit all collected monies together with
properly signed bills of lading and inventories to USF Glen Moore, Inc. no later than twenty-four (24)
hours after making collection. Lessor is not authorized to extend credit or make any adjustments ia anyof
the terms of collestion except upon prior written authorization from USF Glen Moore, inc. Lessor agrees
that no ~hipments hereunder will be delivered until all C.O.D. charges have been collected by certified
check or money order unless otherwise instroctod by USF Glen Moore, Inc. Any losses resulting f~om
the~, default or failure by chivers Of o~her employees of Lessor relative to the return and transmittal or
monies so collected shall be borne solely by file Lessor.
INDEPENDENT CONTRACTOR RELATIONSHIP:
(a) It is the intention of file parties to this Lease that Lessor shall be and remain an independent
contntctor. Nothing herein contained shall be construed as inconsistent with that status. Neither
Lessor nor the employees, agents, or servants of USF Glen Moore, Inc. at any time, under any
21.
22.
23.
circumstancns, or for any purpose, nor shall any obligations imposed on USF Glen Moore, Inc. by
operation of any federal, state, or local law be deemed to in any way alter the independent
conUactor status of Lessor and its employees, agents, or servants.
(3)
Subject to the requirement of the/CC and DOT and of any s~ate regulatory agency having
jurisdiction, Lessor slufll be solely reapon~thle for the direction and control of the employees,
agents and servants of Leasor, including selecting, hiring, filing, supervising, directing, assigning
work, setting wages and houri and working conditions, paying, and adjusting grievances of such
employees, agents and servants. Il is the intent of this Section to realTum that while Lessor shall
be required to meet all obligations assumed hereunder, Lessor is entitled to exercise the
discretion and judgement of an independent contxactor in determining the methods to be used in so
doing.
(c)
Lessor shall indemnify and save USF Glen Moore, Inc. harmless from any liability for wages or
benefits for Lessors employees, agents or servants, and for any costs or expenses of, liability
whatsoever to, laws, workers' compensation laws or any other state or federal law applicable to
employees or employers, or otherwi.se.
SATELLITE SECURITY DEPOSIT:
(a) Lessee may, in its sole discretion and for the estab, lishment of a damage fund, deduct bom the
fu'st and second settlement to Lessor under this Lease, the mlnirnuna of $400.00 for each piece of
equipment listed on Appendix B and leased hereunder. (See Appendix B)
(b) Reserve for Repairs (optional) - $100.00 per week for 25 weeks.
(c) The conditions the Lessor must fulfill in order to have the escrow fund returned upon termination
of the Lease are:
(i)
(ii)
Return of all non-transferable and transferable fuel permits for the leased equipment;
Return to Lessee of all silms, placards, equipment devices, permits, decals, plates,
satellite
communications, equipment including components necessary for i~s operation, authority
packets, and other documents and property belonging to Lessee; and At the time of the
execution of such release, and the termination of this Lease, Lessee may deduct from the
escrow fund monies for those obhgatioas incurred by the Lessor which have been
previously specified in this Lease. and shall provide a final accounting to the Lessor of all
such fatal deductions made to the escrow fund. Lessee agrees that in no event shall the
escrow be returned no later than forty-five (45) days from the date of termination of this
Lease. After final settlement l~s been made, any charges which may arise or become due
which are the respoasibili~' of the Lessor under this Lease will become this liability of
the Lessor.
SAVINGS AND SEPARABrLITY CLAUSE: Should any prnvision of this Lease be rendered or declared
invalid by reason of an existing or subsequently enacted legislation or by reason of any decree of a court of
competent jurisdiction, such invalidation of such portion or portions shall remain in full fomeand effect.
EFFECTIVE DATE AND HOURS: In witness Whereof, USF Glen Moore, Inc. and Lessor have read and
understood the terms and conditions contained herein and hereby sign this Lease th IST day of ,JULY,
2000, at 0800 HOURS which date and hour shall be the EFFECTIVE DATE AND HOUR of this Lease
(and which shall coincide with the giving of USF Glen Moore, Inc.'s Equipment Receipts).
USF GLEN MOORE, I~C.
POST OFFICE BOX 760
LESSOR'S NAME: DON S. TAYLOR
ADDRESS: 437 MEADOWLANE
CARLISLE, PENNSYLVANIA 17013
SHERMANSDALE, PA 17090
TELEPHONE~
(717) 582-4572
D~. TAYLOR
OWNER
UNIT #: 9292
OWNER: DON $. TAYLOR
APPENDIX A
COMPENSATION
$.80 Per Mile For All Miles Traveled Under Dispatch Based On USF Glen Moore Inc.'s most curr~nt version of PC
MILER in its' possession.
$20.00 Per stop after thc flrs~ stop offunder the same load #
Driver will be compensated for hnnd loading or unloading at the rate that is received and approved by either the
shipper or consignee, and dispalch.
APPENDIX "B"
USF GLEN MOORE, INC.
INDEPENDENT CONTRACT OPERATING AGREEMENT
WEEKLY SCHEDULE FOR DEDUCTIONS
Un/t #:
Owner/Operator Name:
Address:
Phone #:
VIN #:
Cell Phone/B e~p~r ii:
Year: Make: Model:
Social Security #: Fedenfl ID #:
*Contractor, please initial to authorize weekly deductions.
Initial Type of Deduction
Lease Payment
Tags
Permits
Satellite Security Deposit
Fuel Card
Fuel Taxes
Physical Damage
Bobtail Liability
Occupational Accident
Reserve for Repairs
Heavy Vetficle Usage Tax
Dental Insurance - Employee Only
Dental Insurance - Family
Health Insurance - Employee Only
Health Insurance - Employee/Child
Health Insurance - Employee/Spouse
Health Insurance - Family
Amount
$ Weekly
$ Divided by 52 Week~
$402.00 divided by 52 Weeks
$400.00 ($25.00/wk until $400.00 is paid)
Varies Weekly
$25.00/Week
3.1% of Vahie of Unit
$8.00/Week
$29.50/Week
$ t00.00fWeek for 25 Weeks
$550.00 Divided by 52 Weeks
$4.00/Week
$11.00/Week
$37.69/Week
$67.84fqqeek
$ 82.91/Week
$107.04/Week
I hereby agree to the above deductions.
Signed:
Date:
APPF~ND IX "C'
LESSOR'/: RIGHT TO EXCLUSIVE USE
O-D UNIT// 9292
OWNER: DON S. TAYLOR
ADDRESS: 437 MEADOW LANE
SHERMANDALE, PA 17090
PHONF2/: (717) S~-4572 FEDID#:
DATE OF BIRTH: 02-27-56
SOC.SEC#: 196-44-1767
EQUIPMENT INFORMATION:
YEAR: 2000 MAKE: FREIGHTLINER
VIN#: IFUPCSZBIYLB86496
GROSS WEIGHT: 80,000 UNLADEN WEIGHT:
TAG//:
18,000
STATE: PENNSYLVANIA
I Edward D. Voegele and Donald S. Taylor
have an agreement of a lease purchase 2000
Freightliner Classic. Vin # 1FUPCS7BIYLB86496
As of July 1,2000. As ofJulyl, 2000 Donald
S. Taylor assumes all responsibility.
D,o. hald'~ Taylor
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-63~3
CIVIL ACTION - LAW
PLAINTIFF'S ANSWER TO DEFENDANT
USF GLEN MOORE'S NEW MATTER
AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his
Attorneys, Robinson & Geraldo, and files this ANSWER TO NEW MATTER, and in support
thereof states as follows:
33. Denied. Plaintiff's Complaint clearly pleads the elements for Breach of Contract.
34. Plaintiff's Amended Complaint did not demand attorney's fees. Therefore, no
responsive pleading is required since Defendant's averment is in error.
35. Denied.
36. Denied. Defendant USF Glen Moore assumes a legal fact that is in dispute in this
proceeding.
37. Denied. Plaintiff denies that any written notice was ever delivered from Glen Moore
to Plaintiff, and proof thereof, if relevant, is demanded at trial.
38. Plaintiff is without sufficient knowledge or information to form a belief as to the truth
or falsity of said allegation, and proof thereof, if relevant, is demanded at trial.
39. Denied. Defendant USF Glen Moore continued to make payments to Defendant
Voegele even though the contract was between Plaintiff and Glen Moore.
40. Denied. Paragraph 40 is a legal conclusion to which no responsive pleading is
required.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in
favor of Plaintiff and against Glen Moore in an amount in excess of Twenty-Five Thousand and
00/100 ($25,000.00) Dollars plus other reasonable costs.
Respectfully submitted:
ROBINSON & GERALDO
Andrew H. Shaw, Esqmre
ROBINSON & GERALDO
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 171 i0
(717) 232-8525
Attorney for Plaintiff
2
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN :
MOORE, INC ·
Defendants ·
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
;
NO. 01-6383
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 23rd day of January, 2002, I
caused a true and correct copy of the PLAINTIFF'S ANSWER TO DEFENDANT US F GLEN
MOORE'S NEW MATTER to be served upon the following individual by first class, by
depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania.
Michael J. Hanfi, Esq.
Attorney for Edward Voegele
19 Brookwood Avenue
Suite 106
Carlilse, PA 17013-9142
J. Jay Cooper, Esq.
Attorney for USF Glen Moore, Inc.
Goldberg, Katzman, & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
Andre~v I~:~haw, l~Squird --
ROBINSON & GERALDO
ATTORNEY I.D. NO. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
Attorney for Plaintiff
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6383
CIVIL ACTION- LAW
PLAINTIFF'S ANSWER TO DEFENDANT
EDWARD VOEGELE'S PRELIMINARY OBJECTIONS
AND NOW, comes the PLAINTIFF, DONALD TAYLOR, by and through his
Attorneys, Robinson & Geraldo, and files this ANSWER TO PRELIMINARY OBJECTIONS
and in support thereof states as follows:
1. Admitted.
2. Admitted.
3. Paragraph 3 is a legal conclusion to which no responsive pleading is required.
4. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiff pleaded the required elements for a breach of contract.
5. Plaintiff's responses to Paragraphs 1 through 4 above are hereby incorporated by
reference as if fully set forth herein.
6. Admitted in part and Denied in part. It is admitted as to Paragraph 5. It is denied as
to Paragraph 6.
7.Admitted.
8. Admitted in part and denied in part. It is admitted that the written contract did not
state the terms or amounts for repayment. It is denied that the written contract merely
memorialized that the parties had an agreement.
9. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiff pleaded the required elements for a breach of contract.
10. Plaintiff's responses to Paragraphs 1 through 9 above are hereby incorporated by
reference as if fully set forth herein.
11. Admitted.
12. Denied.
13. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiffpleaded the required elements for a breach of contract.
14. Denied. See Paragraphs 6 through 9 of PlaintitTs Amended Complaint. For fiaXher
clarification, Plaintiff pleaded the required elements for a breach of contract.
15. Plaintiff's responses to Paragraphs 1 through 14 above are hereby incorporated by
reference as if fully set forth herein.
16. Admitted.
17. Denied.
18. Admitted.
19. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiff pleaded the required elements for a breach of contract.
20. Admitted.
21. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiffpleaded the required elements for a breach of contract.
22. Denied. See Paragraphs 6 through 9 of Plaintiffs Amended Complaint. For further
clarification, Plaintiffpleaded the required elements for a breach of contract.
23. Paragraph 23 is a legal conclusion to which no responsive pleading is required.
2
24. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiff pleaded the required elements for a breach of eontraet.
25. PlaintiWs responses to Paragraphs 1 through 24 above are hereby incorporated by
reference as if fully set forth herein.
26. Admitted.
27. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiff pleaded the required elements for a breach of contract.
28. Denied. See Paragraph 14 of Plaintiff's Amended Complaint.
29. Denied.
30. Plaintiff's Paragraphs 1 through 29 above are hereby incorporated by reference as if
fully set forth herein.
31. Admitted.
32. Denied. See Paragraphs 6 through 9 of Plaimiff's Amended Complaint. For further
clarification, Plaintiff pleaded the required elements for a breach of contract.
33. Denied. See Paragraph 14 of Plaintiff's Amended Complaint.
34. Paragraph 34 is a legal conclusion to which no responsive pleading is required.
35. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiff pleaded the required elements for a breach of contract.
36. Plaintiff's Paragraphs 1 through 35 above are hereby incorporated by reference as if
fully set forth herein.
37. Admitted in part and denied in part. It is denied that Plaintiff added emphasis to
Paragraph 16 in the Amended Complaint. The rest of Defendant's Paragraph 37 is
38. Paragraph 38 is a legal conclusion to which no responsive pleading is required.
39. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiff pleaded the required elements for a breach of contract.
40. Plaintiff's Paragraphs 1 through 39 above are hereby incorporated by reference as if
fully set forth herein.
41. Admitted.
42. Paragraph 42 is a legal conclusion to which no responsive pleading is required.
43. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiff pleaded the required elements for a breach of contract.
44. Plaintiff's Paragraphs 1 through 43 above are hereby incorporated by reference as if
fully set forth herein.
45. Denied. See Paragraph 20.
46. Paragraph 46 is a legal conclusion to which no responsive pleading is required.
47. Denied. See Paragraphs 6 through 9 of Plaintiff's Amended Complaint. For further
clarification, Plaintiffpleaded the required elements for a breach of contract.
48. Denied. See Paragraph 9 of Plaintiff's Amended Complaint.
49. Plaintiff's Paragraphs 1 through 48 above are hereby incorporated by reference as if
fully set fo~di herein.
50. Admitted.
51. Paragraph 51 is a legal conclusion to which no responsive pleading is required.
52. Denied.
4
WHEREFORE, Plaintiff respectfully requests this Honorable Court to strike Plaintiff's
Preliminary Objections and to award to Plaintiff attorney fees incurred in answering Defendant
Voegele's Preliminary Objections due to the Preliminary Objections being of a frivolous nature.
Date:
Respectfully submitted,
ROBINSON & GERALDO
Andrew H. Shaw, Esquire
ROBINSON & GERALDO
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, Pennsylvania 17110
(717) 232-8525
Attorney for Plaintiff
DONALD TAYLOR,
Plaintiff
Ve
EDWARD VOEGELE and USF GLEN :
MOORE, INC. :
Defendants :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
_.
NO. 01-6383
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 29th day of January, 2002, I
caused a true and correct copy of the PLAINTIFF'S ANSWER TO DEFENDANT EDWARD
VOEGELE'S PRELIMINARY OBJECTIONS to be served upon the following individuals by
first class, by depositing same in the United States, postage prepaid, at Harrisburg, Pennsylvania.
Lindsay Gingrich Maclay, Esq.
Attorney for Edward Voegele
Hanft & Knight, P.C.
19 Brookwood Avenue
Suite 106
Carlilse, PA 17013-9142
J. Jay Cooper, Esq.
Attorney for USF Glen Moore, Inc.
Goldberg, Katzman, & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
Andrew H. Shaw, Esquire
ROBINSON & GERALDO
ATTORNEY I.D. NO. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
Attorney for Plaintiff
KELLEY S. BE'IrON,
Plaintiff
CONSUMERS LIFE INSURANCE
COMPANY,
Defendant
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6483 CIVIL TERM
· CIVIL ACTION LAW
NOTICE TO PLEAD
TO: Kelley S. Betton, Plaintiff and
William A. Addams, her attorney
You are hereby notified to file a written response to the within New Matter within 20
days from service hereof or a judgment may be entered against you.
Dated:
McNEES WALLACE & NURICK LLC
· Mi~ha-ei R Kelley
I.D. No. 58854
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5322
Attomeys for Defendant
Consumers Life Insurance Company
WHEREFORE, Defendant Consumers Life Insurance Company requests that judgment
be entered in its favor and against Plaintiff Kelley S. Betton, and that it be awarded costs of suit.
NEW MATTER
15. To the extent requested, Plaintiff is not entitled to a jury trial in this litigation.
16. Defendant Consumers Life Insurance Company's actions in this matter at all
times were reasonable, and Defendant, at no time engaged in intentional, knowing, or grossly
negligent conduct with respect to denial of any claims.
Dated:
McNEES WALLACE & NURICK LLC
Michael R. Kelley
I.D. No. 58854
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5322
Attorneys for Defendant
Consumers Life Insurance Company
-2-
VERIFICATION
Subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to
authorities, I hereby certify that I am the Vice President and Chief Compliance Officer of Life
of the South, and am authorized to execute this Verification on its behalf, and that the facts
set forth in the foregoing Answer with New Matter are trna and correct to: the best of my
knowledge, information and belief. '
Dated:
CERTIFICATE OF SERVICF
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class mail, postage prepaid, upon all counsel of
record.
Dated:
William A. Addams
Law Office of Michael J. Hanft
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
Michael R. Kelley
Attorneys for Defendant
Consumers Life Insurance Company
DONALD TAYLOR,
Plaintiff
Ye
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6383
:
: CIVIL ACTION - LAW
MOTION TO WITHDRAW APPE/LRANCE
AND NOW COMES Counsel for Plaintiff and requests leave of court to withdraw as
counsel and in support thereof states as follows:
1. Through prior correspondence, Counsel has requested Plaintiff to advise as to
Plaintiff's desire to continue litigating this matter.
2. On January 6, 2003, Counsel sent Plaintiffa letter stating his intent to file a Motion
requesting to be removed as counsel of record in the above referenced matter.
3. Plaintiffhas failed to make any contact with Counsel since Counsel's request.
WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court to grant
Counsel leave of Court and grant Counsel's request to withdraw' as counsel of record for the
above captioned matter.
By:
Respectfully submitted,
ROBINSON & GERALDO
Andrew H. Shaw, Esquire- '
ROBINSON & GERALDO
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 19th day of February, 2003, I
caused a tree and correct copy of the Motion to Withdraw Appearance to be served upon the
following individuals by first class, by depositing same in the United States, postage prepaid, at
Harrisburg, Pennsylvania.
Donald Taylor
437 Meadow Lane
Shermans Dale, PA 17090
Lindsay Gingrich Maclay, Esquire
Hanfi & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
Attorney for Edward Voegele
J. Jay Cooper, Esquire
Goldberg, Katzman, & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for USF Glen Moore, ]nc.
By:
Andrew H. Shav~, Esquire
ROBINSON & GERALDO
ATTORNEY I.D. NO. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
Attorney for Plaintiff
DONALD TAYLOR,
Plaintiff
Ye
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6383
:
: CIVIL ACTION - LAW
MOTION TO WITHDRAW APPEARANCE
AND NOW COMES Counsel for Plaintiff and requests leave of court to withdraw as
counsel and in support thereof states as follows:
1. Through prior correspondence, Counsel has requested Plaintiff to advise as to
Plaintiff's desire to continue litigating this matter.
2. On January 6, 2003, Counsel sent Plaintiff a letter stating his intent to file a Motion
requesting to be removed as counsel of record in the above referenced matter.
3. Plaintiff has failed to make any contact with Counsel since Counsel's request.
WHEREFORE, Counsel for Plaintiff respectfully requests this Honorable Court to grant
Counsel leave of Court and grant Counsel's request to withdraw as counsel of record for the
above captioned matter.
By:
Respectfully submitted,
ROBINSON & GERALDO
Andrew H. Shaw, Esquire
ROBINSON & GERALDO
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 19th day of February, 2003, I
caused a true and correct copy of the Motion to Withdraw Appearance to be served upon the
following individuals by first class, by depositing same in the United States, postage prepaid, at
Harrisburg, Pennsylvania.
Donald Taylor
437 Meadow Lane
Shermans Dale, PA 17090
Lindsay Gingfich Maclay, Esquire
Hanfi & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
Attorney for Edward Voegele
J. Jay Cooper, Esquire
Goldberg, Katzman, & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for USF Glen Moore, Inc.
By:
Andrew H. Shax¢; Esquire
ROBINSON & GERALDO
ATTORNEY I.D. NO. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
Attorney for Plaintiff
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: FEB 2 0 2003
: NO. 01-6383
:
: CIVIL ACTION - LAW
RULE TO SHOW CAUSE
AND NOW, THIS ~ ¥*'day of ff~~ , 2003, upon consideration of Counsel's
Motion to Withdraw Appearance, a Rule is hereby issued on &he P!oEn*_!ffDen~2~_ T_~y!er to show
cause why Andrew H. Shaw should not be granted leave of Court to withdraw as counsel of
record in the above captioned matter.
RULE RETURNABLE 7.~ o days from the date of service.
BY THE COURT:
Jo
DONALD TAYLOR,
Plaintiff
Ve
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6383
:
: CIVIL ACTION - LAW
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Counsel for Plaintiff Donald Taylor, and files this MOTION, and in
support thereof states as follows:
1. On February 19, 2003, Counsel filed a Motion To Withdraw Appearance. A copy of the
Motion is attached hereto and incorporated as "Exhibi't A." A copy of this Motion was
served on all parties.
2. On February 24, 2003, the Honorable Kevin A. Hess executed a Rule to Show Cause on
all parties, returnable within 20 days from the date of service. A copy of the Order is
attached hereto and incorporated as "Exhibit B."
3. Pursuant to Local Rule 206-6 Counsel provided the Cumberland County Prothonotary
with envelopes addressed to all parties in order for the Prothonotary to mail a signed
order to all parties.
4. On or about February 25, 2003, Counsel received a certified copy of the Order sent from
the Cumberland County Prothonotary.
5. Counsel has no reason to believe that all parties have not been properly served and placed
on notice of the Motion To Withdraw Appearance and ~Ihe Rule To Show Cause.
6. More than twenty days have passed since the Prothonotary served all parties.
7. The parties have failed to file a response with this Honorable Court.
WHEREFORE, since the parties have failed to file a response within the time period
ordered by this Court, Counsel requests that this Court's role be made absolute and Counsel
Andrew H. Shaw's name be stricken from the record of appearm~ces.
Date:
Respectfully submitted:
ROBINSON & GERALDO
By ~ _~_~_~_~, ~ fl~'~, ~Y
Andrew H. Shaw, Esquire
Attomey I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, Pemasylvania 17110
(717) 232-8525
Attorney for Plaintiff Donald Taylor
2
EXHIBIT .A
DONALD TAYLOR,
Plaintiff
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COU~RT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6383
: CIVIL ACTION - LAW
MOTION TO WITHDRAW APPEARANCE
AND NOW COMES Counsel for Plaintiff and requests leave of court to withdraw as
counsel and in support thereof states as follows:
1. Through prior correspondence, Counsel has requested Plaintiff to advise as to
Plaintiff's desire to continue litigating this matter.
2. On January 6, 2003, Counsel sent Plaintiff a letter stating his intent to file a Motion
requesting to be removed as counsel of record in the above referenced matter.
3. Plaintiff has failed to make any contact with Counsel since Counsel's request.
WHEREFORE, Counsel for Plaintiff respectfully rc~luests this Honorable Court to grant
Counsel leave of Court and grant Counsel's request to withdraw as counsel of record for the
above captioned matter.
By:
Respectfully submitted,
ROBINSON & GERALDO
Andrew H. Shaw, Esquire
ROBINSON 8: GERALDO
Attorney I.D. No. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on. the 19th day of February, 2003, I
caused a true and correct copy of the Motion to Withdraw Appearance to be served upon the
following individuals by first class, by depositing same in the; United States, postage prepaid, at
Harrisburg, Pennsylvania.
Donald Taylor
437 Meadow Lane
Shermans Dale, PA 17090
Lindsay Gingrich Ma¢lay, Esquire
Hanft & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
Attorney for Edward Voegele
J. Jay Cooper, Esquire
Goldberg, Katzman, & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for USF Glen Moore, Inc.
An~e~ H. Shav~; Esquire
ROBINSON & GERALDO
ATTORNEY I.D. NO. 87371
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8',525
Attorney for Plaintiff
EXHIBIT B
DONALD TAYLOR,
Plaintiff
Ve
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6383
:
: CIVIL ACTION - LAW
RULE TO SHOW CAUSE
AND NOW, THIS -~¢ ~ day of _~f.~.~, ,2003, upon consideration of Counsel's
Motion to Withdraw Appearance, a Rule is hereby issued on-~b.e Pr~nt~.ff De:'.a!d Tay!er !o show
cause why Andrew H. Shaw should not bc granted leave of Court to withdraw as counsel of
record in the above captioned matter.
RULE RETURNABLE
days ~om the date of service.
BY THE COURT:
Jo
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that on the 17th day of March, 2003, I
caused a tree and correct copy of the Motion To Make Rule Absolute to be served upon the
following individuals by first class, by depositing same in the United States, postage prepaid, at
Harrisburg, Pennsylvania.
Donald Taylor
437 Meadow Lane
Shermans Dale, PA 17090
Lindsay Gingrich Maclay, Esquire
Hanfi & Knight, P.C.
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013-9142
Attorney for Edward Voegele
J. Jay Cooper, Esquire
Goldberg, Katzman, & Shipman, P.C.
320 Market Street, Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for USF Glen Moore, ihac.
Andrew H. Shaw, Esquire
ROBINSON & GERALDO
ATTORNEY ]I.D. NO. 87371
4407 North Front Street
P.O. Box 532(}
Harrisburg, PA 17110
(717) 232-8525
DONALD TAYLOR,
Plaintiff
Vo
EDWARD VOEGELE and USF GLEN
MOORE, INC.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-6383
:
: CIVIL ACTION - LAW
ORDER
AND NOW, this .~o * day of t~ a,,_ot ., 2003, upon consideration of
Counsel's Motion to Withdraw Appearance and Counsel's Motion To Make Rule Absolute,
Counsel's request for leave of Court is hereby GRANTED. The Prothonotary is hereby
ORDERED to strike off the name of Andrew H. Shaw from the record of appearances.
BY THE COURT:
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and sukmitted in duplicate)
TO THE p~2~%~ONOTARY OF CL~ERLASD COUNTY
Please list the following case:
(Check one) ( ) for ~URY trial at the next term of civil court.
( X ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
( Plaint iff)
vs.
CONS~ LIFE INSURANCE COMPANY,
( Defendant )
vs.
No. 6383
Indicate the attorney whowill try case
William A. Addams for the Plaintiff
)
x)
)
one)
Civil Action - Law
Appeal from Arbitration
(other)
The trial list will be called on 8/12/03
and
9/8/03
Trials c<~mence on
Pretrials will be held on 8/20/03
(Briefs are due 5 days before pretrials.)
(The party listin9 this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1. )
Civil ~ 2001
for the party who files this praecipe:
Indicate trial counsel for other parties if known: Charles T. Young, Jr. for the
Defendant
This case is ready for trial.
Date: Ju~y 7, 2003
Si9ned: ~
Print Nan,: william A. Addams
Attorney for: Plaintiff
KELLEY S.
V.
CONSUMERS
BETTON
LIFE INSURANCE CO.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-6383 CIVIL
CIVIL ACTION - LAW
ORDER OF COURT
A/qD NOW, this 14T~ day of JULY, 2003,
in the above-captioned matter is SCHEDULED
a pretrial conference
for WEDNESDAY, JULY
William A. Addams, Esq
· -~
Charles T. Young, Jr., Esq. ~ -~~
Edward E. Guido, J.
Taryn Dixon
Court Administrator
TRIAL in the matter will be scheduled at the pretrial
conference. Counsel are directed to have their calendars
available.
30, 2003, at 1500 p.m. in Chambers of the undersigned judge,
Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial
memorandum shall be submitted by counsel ii1 accordance with
C.C.R.P. 212-4, at least five (5) days prior to the pretrial
conference.