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HomeMy WebLinkAbout08-5623COZEN O'CONNOR By: Martin P. Duffey, Esquire Identification Nos. 57559 1900 Market Street Philadelphia, PA 19103 (215) 665-2780 Attorneys for Plaintiff, Erie Insurance Group a/s/o PA Public Works Equipment Co., Public Works Equipment Company, LLC and Kenneth Moyer ERIE INSURANCE GROUP as subrogee of PA PUBLIC WORKS EQUIPMENT CO. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC. Term, 2008 No. 09 - Ci?i 1?'I NOTICE TO DEFEND Defendants. YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY(20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER AND CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 COZEN O'CONNOR By: Martin P. Duffey, Esquire Identification Nos. 57559 1900 Market Street Philadelphia, PA 19103 (215) 665-2780 Attorneys for Plaintiff, Erie Insurance Group a/s/o PA Public Works Equipment Co., Public Works Equipment Company, LLC and Kenneth Moyer ERIE INSURANCE GROUP as subrogee of PA PUBLIC WORKS EQUIPMENT CO. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC. : Term, 2008 No. 69 F - 5-4 23 Defendants. COMPLAINT 1. The plaintiff, Erie Insurance Group (hereinafter "Erie"), is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 100 Erie Insurance Place, Erie, Pennsylvania. 2. At all times relevant hereto, Erie was authorized to issue insurance policies in the Commonwealth of Pennsylvania and insured the real and personal property of PA Public Works Equipment Co., PA Public Works Equipment Company, LLC and Kenneth Moyer, under policies of insurance Nos. Q44-0151140, Q08-0180381 and Q59-2406916. 3. The defendant, Gettel Enterprises, Inc. (hereinafter "Gettel"), is a corporation organized and existing under the laws of the State of Pennsylvania with its principal place of business located at 480 Corman Road, Carlisle, PA 17013. 4. The defendant, Northland Distributing & Manufacturing, Inc. (hereinafter "Northland"), is a corporation organized and existing under the laws of the State of Minnesota, with its principal place of business located at 2716 Crescent Drive, International Falls, MN 56649. 5. Prior to September 1, 2007, defendant, Gettel, was a tenant in a building located at 238 N. Locust Point Road, Mechanicsburg, PA 17050 (hereinafter "the building"). 6. Prior to September 1, 2007, Gettel purchased and installed a wood burning furnace outside of the building. 7. Prior September 1, 2007, Gettel then moved and reinstalled the aforesaid wood burning furnace inside of the building. 8. At all times material hereto, defendant, Northland, manufactured, designed, distributed and sold the aforesaid wood burning furnace. 9. On or before September 1, 2007, Gettel vacated the aforesaid building. 10. On or about September 1, 2007, plaintiff's insured, PA Public Works Equipment Co., became a tenant in the building. 11. On December 29, 2007, at approximately 7:00 p.m., a fire erupted in the building. 12. Upon information and belief, the fire was caused by the wood burning furnace. 13. The fire then spread to other areas of the building, causing extensive damage and destruction to the contents therein. 14. As a result of the aforementioned fire, plaintiff's insureds suffered extensive and substantial damage to their real and personal property. 15. Pursuant to the terms of its insurance policies, Erie has paid for damages caused by the fire and is thereby subrogated to its insureds' rights of recovery to the extent of the payments made against any and all parties responsible for causing these damages. COUNT I - NEGLIGENCE PLAINTIFF v. GETTEL ENTERPRISES INC. 16. Plaintiff repeat and incorporate by reference the allegations contained in 1 through 15 above as though each were fully and completely set forth at length herein. 17. The incident referred to in paragraph 11 was caused by the negligence, carelessness, and/or reckless acts of defendant, Gettel, in each of the following ways: (a) installing the wood burning furnace inside of the building; (b) failing to investigate and determine whether the wood burning furnace could be safely used inside of the building; (c) failing to install the wood burning furnace inside the building in a manner in which it could be safely used; (d) failing to adequately hire, train and supervise the persons who installed the wood burning furnace; (e) failing to adequately and properly install, maintain, service, inspect, repair and/or operate the wood burning furnace; (f) permitting, allowing and/or causing an uncontrolled fire to occur inside the building; (g) failing to warn plaintiff's insured of the dangers associated with using the wood burning furnace inside of the building; (h) failing to provide plaintiff's insured with adequate instructions regarding the use of the wood burning stove; (i) failing to comply with applicable standards, ordinances and/or codes pertaining to the installation, maintenance, service and inspection of the wood burning furnace; and (j) failing to hire properly certified and qualified contractors to install, inspect and certify the wood burning furnace. 18. As a direct and proximate result of the foregoing negligence, carelessness and recklessness on the part of defendant, Gettel, plaintiff sustained severe and substantial damages as described above. WHEREFORE, plaintiff, Erie Insurance Group a/s/o PA Public Works Equipment Co., PA Public Works Equipment Company, LLC and Kenneth Moyer, demand judgment against defendant, Gettel Enterprises, Inc., in an amount in excess of $50,000.00 together with prejudgment interests, the costs of prosecuting this action and damages for delay. COUNT II - STRICT PRODUCTS LIABILITY PLAINTIFF v. NORTHLAND DISTRIBUTING & MANUFACTURING INC. 19. Plaintiff repeats and incorporates by reference the allegations contained in 1 through 18 above as though each were fully and completely set forth at length herein. 20. At the time the wood burning furnace left the control of the manufacturer and distributor, defendant, Northland, the subject furnace was in a defective condition, making it unsuitable and unsafe for its intended and anticipated use in violation of the Restatement (Second) of Torts, Section 402A. 21. The injuries and damages suffered by plaintiff were a direct and proximate result of the defectively manufactured and/or defectively designed furnace. 22. The furnace was designed, manufactured, distributed and/or sold in a defective condition in that it failed to provide proper and adequate warnings to foreseeable users, including the other defendant herein and plaintiff's insured. 23. Among other things, the furnace was designed, manufactured, distributed and/or sold in a defective condition in that it failed to advise foreseeable users that it should not be installed inside of a building and/or failed to provide adequate instructions for the proper manner to install the furnace inside of a building so that it would be safe to use and not pose a danger to foreseeable users and others. WHEREFORE, plaintiff, Erie Insurance Group a/s/o PA Public Works Equipment Co., PA Public Works Equipment Company, LLC and Kenneth Moyer, demand judgment against defendant, Northland Distributing & Manufacturing Inc., in an amount in excess of $50,000.00 together with prejudgment interests, the costs of prosecuting this action and damages for delay. COUNT III - NEGLIGENCE PLAINTIFF v. NORTHLAND DISTRIBUTING & MANUFACTURING INC. 24. Plaintiff repeats and incorporates by reference the allegations contained in 1 through 23 above as though each were fully and completely set forth at length herein. 25. The incident referred to in paragraph 11 was caused by the negligence, carelessness, and/or reckless acts of defendant, Northland, in each of the following ways: (a) designing, manufacturing, selling and/or distributing the wood burning furnace in a defective condition in that it failed to provide proper warnings to foreseeable users, including the defendants herein and plaintiff's insured; (b) failing to provide adequate warnings and instructions regarding the use of the wood burning furnace; (c) failing to warn foreseeable users that the wood burning furnace should not be installed and used indoors; (d) failing to provide adequate instructions and warnings on the proper manner to install the wood burning furnace indoors such that it could be safely used and operated therein; (e) failing to warn plaintiff's insured of the dangers associated with using the wood burning furnace indoors; (fl failing to comply with applicable standards, ordinances and/or codes pertaining to the installation, maintenance, service and inspection of the wood burning furnace; and (g) failing to provide a reasonably safe product for its intended and anticipated purpose. 26. As a direct and proximate result of the foregoing negligence, carelessness and recklessness on the part of defendant, Northland, plaintiff sustained severe and substantial damages as described above. WHEREFORE, plaintiff, Erie Insurance Group a/s/o PA Public Works Equipment Co., PA Public Works Equipment Company, LLC and Kenneth Moyer, demand judgment against defendant, Northland Distributing & Manufacturing Inc., in an amount in excess of $50,000.00 together with prejudgment interests, the costs of prosecuting this action and damages for delay. COZEN O'CONNOR BY: ??, Martin Duffey, Es r 1900 Market Street Philadelphia, PA 19103 (215) 665-2000 ATTORNEYS FOR PLAINTIFF Dated: _q - 12- " ?/ ? 0 VERIFICATION I, Francis Guillemette, do hereby depose and state that I am authorized to make this Verification; that I have reviewed the foregoing Complaint; and that the facts contained therein are true and correct to the best of my information and belief. I understand that the statements made herein are made subject to the penalties relating to unswom falsification to authorities. FRANCIS GUILLE TTE DATED: PHILADELPHIA\366901911 217440.000 ? '? pe : " C> rya _ ?v; IF COZEN O'CONNOR By: Martin P. Duffey, Esquire Identification Nos. 57559 1900 Market Street Philadelphia, PA 19103 (215) 665-2780 Attorneys for Plaintiff, Erie Insurance Group a/s/o PA Public Works Equipment Co., Public Works Equipment Company, LLC and Kenneth Moyer ERIE INSURANCE GROUP as subrogee of PA PUBLIC WORKS EQUIPMENT CO. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-5623 V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC. Defendants. AFFIDAVIT OF SERVICE The undersigned hereby certifies that on October 14, 2008, the Civil Action Complaint in the above-captioned action was served via certified mail upon defendant, Northland Distributing & Manufacturing, Inc. at 2716 Crescent Drive, International Falls, MN 56649, as evidenced by the copy of the certified mail return receipt, attached hereto as Exhibit "A". Dated: 0 ° 2-2- - , 2008 COZEN O'CONNOR BY: Martin Duffey, Esquire U(j 1900 Market Street Philadelphia, PA 19103 (215) 665-2000 ATTORNEYS FOR PLAINTIFF Exhibit "A" ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. m Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: d Manu??y, aric. c?11 to Crescep4- fir. Ind- ynodhianal F'a(l s, M N ,?;-Uuq? 2. Article Number (Thinsfer from service MW Ps Form 3811, February 2004 z A. S store 13 Agent X????? ? Addressee B. Qelved by Prlnfed Name) C. Date of Delivery D. Is delivery address dnmrd from item 11 ? Yes If YES, enter delivery address below: J"O 3. Type Crirtiw Mall 13ppm Mail ° Registered IWReturn Receipt for Mwdwx iae ° Insured mail ° C.O.D. 4. Restricted Delivery? (Extra Fee) ° Yes ;..coo L NLl Ll 6(a W Domestic Return Receipt 1025e6-02-M.1540 ('"' C't3 '7? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05623 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP ET AL VS GETTEL ENTERPRISES INC ET AL NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GETTEL ENTERPRISES INC the DEFENDANT , at 1045:00 HOURS, on the 20th day of October , 2008 at 1107 ENOLA ROAD CARLISLE, PA 17013 PAUL GETTEL by handing to ADULT IN CHARGE 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 Service Postage Surcharge ?- So Answers: 18.00 10.00 ?I f ? 00?S .59 . 10.00 R. Thomas Kline .00 38.59 10/21/2008 COZEN & O'CONNOR Sworn and Subscibed to before me this By: day Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR + CASE NO: 2008-05623 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ERIE INSURANCE GROUP ET AL VS GETTEL ENTERPRISES INC ET AL C G C= NOAH CLINE Sheriff or Deputy Sheriff a_.~ Cumberland County,Pennsylvania, who being duly sworn according to la says, the within COMPLAINT & NOTICE was served upon:v' tr aWTTRT, F.NTFRPRTSFS INC 'theco DEFENDANT , at 1045:00 HOURS, on the 20th day of October , 2008 at 1107 ENOLA ROAD CARLISLE, PA 17013 PAUL GETTEL by handing to ADULT IN CHARGE 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 10.00 Postage .59 Surcharge 10.00 .00 38.59 So Answers: R. Thomas Kline 10/21/2008 COZEN & O'CONNOR Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. A-, -1% ERIE INSURANCE GROUP as Subrogee of PA PUBLIC WORKS EQUIPMENT CO., PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER, Plaintiffs V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5623 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY, DAUPHIN COUNTY Please enter the appearance of Stephen M. Greecher, Jr. and the firm Tucker Arensberg, P.C., as counsel for Defendant, Northland Distributing & Manufacturing, Inc., in the above captioned action. TUCKER AR5NSIBEAG,,F.C. By: to . Greecher, Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. DATE: 104486.1 CERTIFICATE OF SERVICE AND NOW, this 3 R' day of DECEMBER, 2008, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Defendant, Northland Distributing & Manufacturing, Inc., hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 ATTORNEYS FOR PLAINTIFF Gettel Enterprises, Inc. 480 Corman Road Carlisle, PA 17013 DEFENDANT 104486.1 Jacq elyn ttlemoyer r-? V ??.{{ ) e- {;.., ERIE INSURANCE GROUP as Subrogee of PA PUBLIC WORKS EQUIPMENT CO., PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER, Plaintiffs V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants NOTICE TO PLEAD TO: Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 ATTORNEYS FOR PLAINTIFF CIVIL ACTION - LAW NO. 08-5623 You are hereby notified to file a written response to the enclosed New Matter and Cross- Claim Pursuant to Pa.R.C.P. 1031.1, within twenty (20) days from service hereof or a default judgment may be entered against you. TUCKER ARF,8BEF4QA6.C. By: Step en MI* Gre her, Jr. Attorney'.D. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. DATE: 12/8/08 104418.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE GROUP as Subrogee of PA PUBLIC WORKS EQUIPMENT CO., PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER, Plaintiffs V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5623 ANSWER OF DEFENDANT. NORTHLAND DISTRIBUTING & MANUFACTURING. INC TO COMPLAINT, CONTAINING NEW MATTER AND CROSS CLAIM Admitted. 2. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 2 and the averments are therefore deemed denied. 3. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 3 and the averments are therefore deemed denied. 4. Admitted. 5. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 5 and the averments are therefore deemed denied. 6. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 6 and the averments are therefore deemed denied. 7. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 7 and the averments are therefore deemed denied. 8. Admitted that Defendant Northland designs and sells wood burning furnaces. After reasonable investigation, Defendant Northland is without sufficient information or knowledge as to whether the referenced wood burning furnace had been manufactured, designed and distributed by Defendant Northland. 9. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 10 and the averments are therefore deemed denied. 10. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 10 and the averments are therefore deemed denied. 11. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 11 and the averments are therefore deemed denied. 12. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 12 and the averments are therefore deemed denied. Further, it is specifically denied that a wood burning furnace manufactured by Northland was the cause of the fire. 13. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 13 and the averments are therefore deemed denied. -2- 14. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 14 and the averments are therefore deemed denied. 15. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the averments of Paragraph 15 and the averments are therefore deemed denied. COUNT I-NEGLIGENCE 16-18. The allegations of Paragraph 16 to 18 are directed to another party to this action and do not require answer by Defendant Northland. COUNT II--STRICT PRODUCTS LIABILITY 19. The answers to Paragraphs 1 through 18 are incorporated herein by reference. 20. After reasonable investigation, Defendant Northland is without sufficient knowledge or information to form a belief as to the truth of the averments that the wood burning furnace at issue in this case was manufactured by Defendant Northland. Further, it is specifically denied that if the furnace was a Northland furnace that the furnace was in any way defective, unsuitable or unsafe for its intended anticipated use. Further, to the extent the allegations of Paragraph 20 state legal conclusions the allegations require no answer. 21. Denied pursuant to the Rules of Civil Procedure. 22. Denied pursuant to the Rules of Civil Procedure. NEW MATTER 23. Plaintiffs claim fails to state a claim upon which relief can be granted against Defendant Northland. 24. The Northland wood burning furnace was not defective in any manner and was not manufactured, distributed or sold without proper and adequate warnings. -3- 25. The Northland wood burning furnace was sold with proper and adequate warnings. 26. The Northland furnace was not used as intended or anticipated. 27. Defendant Northland and the Northland wood burning furnace was not the proximate legal or factual cause of the fire or damages at issue in this case. 28. The fire or damages at issue occurred due to the actions and/or inactions of persons, firms or entities over whom Defendant Northland had no control. 29. The fire or damages at issue was a result of superseding or intervening causes with respect to Defendant Northland. 30. If the allegations of the Complaint regarding moving and reinstalling the furnace are true, the Defendant Northland's furnace had been improperly moved and reinstalled. 31. Defendant Northland also pleads violation of any applicable codes with respect to the reinstallation of the wood burning furnace. WHEREFORE, Defendant, Northland Distributing & Manufacturing, Inc., requests that the Complaint be dismissed and that judgment be entered in its favor. CROSS-CLAIM PURSUANT TO PA.R.C.P. 1031.1 32. Without admitting the allegations of the Complaint, which allegations are denied, the allegations of the Complaint, in particular Paragraphs 1-18, are incorporated herein by reference. 33. Defendant, Gettel Enterprises, Inc., is solely liable to Plaintiffs in this case for the damages claimed, or liable to Defendant Northland on the basis of indemnity or jointly and severally liable with Defendant Northland, and thereby liable to Defendant Northland for contribution. -4- WHEREFORE, Defendant, Northland Distributing & Manufacturing, Inc., requests that judgment be entered in its favor and against Defendant, Gettel Enterprises, Inc. TUCKER By: DATE: 12/8/08 104418.1 Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. -5- Respectfully submitted, VERIFICATION I, KEITH HORNE, as authorized agent for NORTHLAND DISTRIBUTING & MANUFACTURING, INC., one of the Defendants in the foregoing action, do hereby certify that I am authorized to execute documents on behalf of Northland Distributing & Manufacturing, Inc., and acknowledge, on behalf of Northland Distributing & Manufacturing, Inc., that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Keith Horne President 104418.1 CERTIFICATE OF SERVICE AND NOW, this day of DECEMBER, 2008, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Defendant, Northland Distributing & Manufacturing, Inc., hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 ATTORNEYS FOR PLAINTIFF Gettel Enterprises, Inc. 480 Corman Road Carlisle, PA 17013 DEFENDANT 104418.1 Jacquely ettlemoyer t ? rv C7 :'rZ ? 7p q? r? COZEN O'CONNOR By: Martin P. Duffey, Esquire Identification Nos. 57559 1900 Market Street Philadelphia, PA 19103 (215) 665-2780 Attorne s for Plaintiff, Erie Ins rance Group a/s/o PA Publ c Works Equipment Co., Public Works Equipment Company, LLC anKenneth Moyer ERIE INSURANCE GROUP as subrogee of PA PUBLIC WORKS EQUIPMENT CO. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER Plaintiff, V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING : & MANUFACTURING, INC. Defendants. REPLY TO NEW MATT 23. Denied. The averments of this paragraph are 1029(e). 24. Denied. The averments of this paragraph are 1029(e). 25. Denied. The averments of this paragraph are d 1029(e). 26. Denied. The averments of this paragraph are d 1029(e). 27. Denied. The averments of this paragraph are d 1029(e). T OF COMMON PLEAS tERLAND COUNTY o.08-5623 pursuant to Pa.R.Civ.P. pursuant to Pa.R.Civ.P. pursuant to Pa.R.Civ.P. pursuant to Pa.R.Civ.P. pursuant to Pa.R.Civ.P. ? A 28 Denied. The averments of this paragraph are pursuant to Pa.R.Civ.P. 1029(e). 29 1029(e). 30. 1029(e). 31. 1029(e). Denied. The averments of this paragraph are Denied. The averments of this paragraph are pursuant to Pa.R.Civ.P. pursuant to Pa.R.Civ.P. Denied. The averments of this paragraph are denied pursuant to Pa.R.Civ.P. WHEREFORE, Plaintiffs, demand judgment against fendant, Northland Distributing & Manufacturing. COZEN O'CONNOR BY: Martin Di 1900 Mat Philadelp: (215) 665 ATTORN Dated: 2008 >>-Ili Street PA 19103 FOR PLAINTIFF 2 I, Martin P. Duffey, here certify that on this true and correct copy of Plaintiff's Reply to New Matter to the following: Stephen M. Greecher, Ji Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-( Attorneys for Defendant Manufacturing, Inc. Gettel Enterprises, Inc. 480 Corman Road Carlisle, PA 17013 of December, 2008, I caused a served by US first-class mail upon Esquire 889 Northland Distributing & TIN P. D °v ?? ?:, ?? ?.? < ?_? - c;-? ?.?. "' ?-? -? - ' t ? r r? >? r-- ... - , -,. ;r' ;? c..? ... _?? POST & SCHELL, P.C. BY: JOSEPH F. MCNULTY, JR., ESQUIRE E-MAIL: jmcnulty@postschell.com I.D. # 35385 1245 S. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA 18103 610-433-0193 1:K I N; INSURANCE GROUP, as subrogee of PA PUBLIC WORKS EQUIPMENT CO. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER, Plaintiff, vs. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants. No. 08-5623 CIVIL TERM ENTRY OF APPEARANCE/JURY TRIAL DEMAND TO THE PROTHONOTARY: Kindly enter my appearance and demand a Jury Trial of twelve (12) on behalf of Defendant, Gettel Enterprises, Inc., only. POST & SCHELL, P.C. Dated: By. ATTORNEYS FOR DEFENDANT GETTEL ENTERPRISES, INC. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY JOSEPH F. CNULTY, JR., Attorneys for Defendant Enterprises, Inc. CERTIFICATE OF SERVICE I, Joseph F. McNulty, Jr., Esquire, hereby verify that I served a true and correct copy of the foregoing Entry of Appearance/Demand for Jury Trial, on counsel of record by U.S. Mail, First-Class, Postage Prepaid, on the ,44 day of December, 2008, addressed as follows: Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Dated: POST & SCHELL, P.C. By: JOSEPH F. MCNULTY, JR., ESQUIRE Attorneys for Defendant Gettel Enterprises, Inc. .. s.' -`? it _, ` C".? i T ?' ? ? ? --*? _ r ? ' ?? ' POST & SCHELL, P.C. BY: JOSEPH F. MCNULTY, JR., ESQUIRE E-MAIL: jmcnulty@postschell.com I.D. # 35385 1245 S. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA 18103 610-433-0193 ERIE INSURANCE GROUP, as subrogee of PA PUBLIC WORKS EQUIPMENT CO. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER, Plaintiff, VS. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants. ATTORNEYS FOR DEFENDANT GETTEL ENTERPRISES, INC. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-5623 CIVIL TERM ANSWER TO CROSSCLAIM OF DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. ON BEHALF OF DEFENDANT GETTEL ENTERPRISES, INC. 32. Answering Defendant incorporates by reference its Answer and New Matter when filed as though fully set forth at length. 33. Paragraph 33 is a conclusion of law requiring no responsive pleading. To the extent a pleading may be deemed required, it is specifically denied. WHEREFORE, Defendant, Gettel Enterprises, Inc., demands judgment. POST & SCHELL, P.C. By: - Dated: JOSEPH Attorneys Gettel Eni J DC ZLTY, JR., ESQUIRE Defendant -ises. Inc. CERTIFICATE OF SERVICE I, Joseph F. McNulty, Jr., Esquire, hereby verify that I served a true and correct copy of the foregoing Answer to Crossclaim of Defendant, Northland Distributing & Manufacturing, Inc. on behalf of Defendant Gettel Enterprises, Inc., on counsel of record by U.S. Mail, First-Class, Postage Prepaid, on the _ day of December, 2008, addressed as follows: Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 POST & SCHELL, P.C. By: Dated: JOSEPH F. MCNULTY, JR., ESQUIRE Attorneys for Defendant Gettel En$rprises, Inc. ?? t: '' r ._ . r._> ...? ",' _ c'? _ .. ,. ; ?-; .a ?? _?, ?,;: f -?> ... t r.1 ...?.,' POST & SCHELL, P.C. BY: JOSEPH F. MCNULTY, JR., ESQUIRE E-MAIL: jmcnulty@postschell.com I.D. # 35385 1245 S. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA 18103 610-433-0193 ERIE INSURANCE GROUP, as subrogee of PA PUBLIC WORKS EQUIPMENT CO. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER, ATTORNEYS FOR DEFENDANT GETTEL ENTERPRISES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-5623 CIVIL TERM Plaintiff, VS. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants. NOTICE TO PLEAD TO THE PLAINTIFF: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER, NEW MATTER AND CROSSCLAIM WITHIN TWENTY (20) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. POST & SCHELL, P.C. By: Dated: ?? JOSE H F. LTY, JR., ESQUIRE Attoe r Defendant Gett Enterprises, Inc. POST & SCHELL, P.C. BY: JOSEPH F. MCNULTY, JR., ESQUIRE E-MAIL: jmcnulty@postschell.com I.D. # 35385 1245 S. CEDAR CREST BOULEVARD SUITE 300 ALLENTOWN, PA 18103 610-433-0193 ERIE INSURANCE GROUP, as subrogee of PA PUBLIC WORKS EQUIPMENT CO. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER, ATTORNEYS FOR DEFENDANT GETTEL ENTERPRISES, INC. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-5623 CIVIL TERM Plaintiff, VS. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants. ANSWER, NEW MATTER AND CROSSCLAIM TO PLAINTIFF'S COMPLAINT ON BEHALF OF DEFENDANT, GETTEL ENTERPRISES, INC. 1. Admitted. 2. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred. Accordingly, they are deemed denied and strict proof demanded. 3. Admitted. 4. Paragraph 4 is addressed to Co-Defendant and, accordingly, no responsive pleading is required. 5. Denied as stated. It is admitted that during a specific period of time Answering Defendant was a tenant in the building located as alleged. 6. Admitted. . 7. Admitted. 8. Admitted. It is admitted that Northland manufactured, designed, and distributed the unit. It is believed and therefore averred that it was purchased from Ed Watts. 9. Denied as stated. To the contrary, Answering Defendant finished its lease. 10. Admitted. 11. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred. Accordingly, they are deemed denied and strict proof demanded. 12. Denied. 13. It is denied that the fire spread from the wood burning furnace. It is admitted that there was some damage and destruction to the contents of the building. 14. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred. Accordingly, they are deemed denied and strict proof thereof demanded. 15. After reasonable investigation Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the matters averred. Accordingly, they are deemed denied and strict proof thereof demanded. COUNT I - NEGLIGENCE PLAINTIFF V. GETTEL ENTERPRISES, INC. 16. Answering Defendant incorporates by reference 1-15 of the within Answer as though fully set forth at length. 17. Paragraph 17 is a conclusion of law requiring no responsive pleading. To the extent a pleading may be deemed required, it is specifically denied that Answering Defendant was negligent, careless or acted in any manner in a reckless way. To the contrary, Answering Defendant met with and complied with all applicable standards. 18. Paragraph 18 is a conclusion of law requiring no responsive pleading. To the extent a pleading may be deemed required, it is denied. WHEREFORE, Defendant, Gettel Enterprises, Inc., demands judgment. COUNT II - STRICT PRODUCTS LIABILITY PLAINTIFF V. NORTHLAND DISTRIBUTING & MANUFACTURING, INC. 19-23. Paragraphs 19-23 are addressed to Co-Defendant and, accordingly, no responsive pleading is required. WHEREFORE, Defendant, Gettel Enterprises, Inc., demands judgment. COUNT III - NEGLIGENCE PLAINTIFF V. NORTHLAND DISTRIBUTING & MANUFACTURING, INC. 24-26. Paragraphs 24-26 are addressed to Co-Defendant and, accordingly, no responsive pleading is required. WHEREFORE, Defendant, Gettel Enterprises, Inc., demands judgment. NEW MATTER 27. Plaintiff and its insured assumed the risk of harm. 28. Plaintiff's actions maybe barred or limited by the terms of any Lease Agreement among the various parties and the landowner. 29. Plaintiff's actions may be barred and/or limited by the spoliation of evidence. 30. The actions of individuals or entities beyond the control of Answering Defendant may have caused or contributed to Plaintiff's damages. 31. Plaintiffs were comparatively or contributorily negligent. 32. At the time of the loss, Answering Defendant had no control over any of the instrumentalities purportedly involved. 33. The action of Plaintiff may be barred or limited by the terms of the insurance policy involved and any lease, including waiver of subrogation terms. 34. Plaintiff may have released Answering Defendants. 35. Plaintiffs are collaterally estopped from pursuing the within action. 36. Plaintiff's action may be barred or limited by the terms of any agreement of sale between the parties. 37. Plaintiff's action is precluded by the Doctrine of Unclean Hands. WHEREFORE, Defendant, Gettel Enterprises, Inc., demands judgment. CROSSCLAIM 38. For the purpose of this crossclaim only, the allegations of Plaintiff's Complaint are incorporated herein by reference as though fully set forth at length. 39. If Plaintiff was injured as alleged, said allegations being heretofore denied, Co- Defendant is alone liable to Plaintiff, liable over to Plaintiff or liable to Defendant for contribution and/or indemnity. WHEREFORE, Defendant, Gettel Enterprises, Inc., demands judgment. POST & SCHELL, P.C. By: Dated:?'? ? JO EPH F. MCNULTY, /Altorneys for Defendant Gettel Enterprises, Inc. , ESQUIRE N O E 01/01i2006 00:01 7177967661 GETTEL ENT I +} PAGE 01,/__01 Y: Y: 4N VERMCATI 1, Paul Gettel, hereby state and verify that the statements made in the foregoing ANSWER, NEW MATTER AND CROSSCLAIM TO PLAINTIFF'S COMPLAINT ON 13EHALF OF DEFENDANT, GETTPL ENTERPRISES, INC. are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are trade subject to the penalties of 18 Pa-C.S. § 4904 relating to unworn falsification to authorities. To the extent that the foregoing contain legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing of this document. Dated: A? --A - -/ aL FOR GETTEL ENTERPRISES 1, U/ r? rrfL Print Name -Za?? - TITLE OCT 13 2009 CERTIFICATE OF SERVICE I, Joseph F. McNulty, Jr., Esquire, hereby verify that I served a true and correct copy of the foregoing Answer to Plaintiffs Complaint on behalf of Defendant, Gettel Enterprises, Inc., on counsel of record by U.S. Mail, First-Class, Postage Prepaid, on the Any of October, 2009, addressed as follows: Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Dated: POST & SCHELL, P.C. By: -' JOSEP F. MCNULTY, JR., ESQUIRE Attorneys for Defendant Gettel Enterprises, Inc. .7Y 2 009 0 ". f 19 F ; C? I/ COZEN O'CONNOR By: Martin P. Duffey, Esquire Identification Nos. 57559 1900 Market Street Philadelphia, PA 19103 (215) 665-2780 ERIE INSURANCE GROUP as subrogee of PA PUBLIC WORKS EQUIPMENT CO. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER Plaintiff, V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC. Attorneys for Plaintiff, Erie Insurance Group a/s/o PA Public Works Equipment Co., Public Works Equipment Company, LLC and Kenneth Moyer COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 08-5623 Defendants. PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT, GETTEL ENTERPRISES, INC. 27. Denied, pursuant to Pa.R.Civ.P. 1029(e). 28. Denied, pursuant to Pa.R.Civ.P. 1029(e). 29. Denied, pursuant to Pa.R.Civ.P. 1029(e). 30. It is admitted that individuals and/or entities other than defendant Gettel Enterprises, Inc. are believed to have caused and contributed to plaintiff s damages. To the extent that this paragraph is intended to imply that plaintiff's damages were not caused, in whole or in part, by defendant, Gettel Enterprises, Inc., it is specifically denied. 31. Denied. 32. Admitted, on information and belief. 33. Denied, pursuant to Pa.R.Civ.P. 1029(e). 100 A* 34. Denied, pursuant to Pa.R.Civ.P. 1029(e). 35. Denied, pursuant to Pa.R.Civ.P. 1029(e). 36. Denied, pursuant to Pa.R.Civ.P. 1029(e). 37. Denied, pursuant to Pa.R.Civ.P. 1029(e). WHREFORE, plaintiff demands judgment in its favor and against defendant. COZEN O'CONNOR Dated: ((-3-DL BY: Martin P. Duffey s i 2 ?f .N CERTIFICATE OF SERVICE I, Martin P. Duffey, Esquire, hereby certify that on the % day of November, 2009, I served a true a correct copy of the Plaintiff's Reply to New Matter of Defendant, Gettel Enterprises, Inc. by regular U.S. Mail to the foregoing parties and/or counsel of record: Joseph F. McNulty, Jr., Esquire Post & Schell 1245 S. Cedar Crest Boulevard, Suite 300 Allentown, PA 18103 Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 COZEN O' CONNOR BY: Martin P. Duffey, Es PHILADELPHIA\5340851 \ 1 217440.000 RILED- 2099 NOV - 4 PH 2: 4 7 1W CU "A iJUN 11 y LVAMA ERIE INSURANCE GROUP as Subrogee of PA PUBLIC WORKS EQUIPMENT CO., PA PUBLIC WORKS EQUIPMENT COMPANY, LLC and KENNETH MOYER, Plaintiffs V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants CIVIL ACTION - LAW N _o C i 1 NO. 08-5623 rnr ?? r n r-n r-J ANSWER OF DEFENDANT. NORTHLAND DISTRIBUTING & MANUFACTURING. INC.. TO CROSS CLAIM OF DEFENDANT. GETTEL ENTERPRISES. INC. 38. For purposes of Defendant, Gettel Enterprises, Inc.'s, Crossclaim, the Answers to Plaintiffs Complaint of Defendant, Northland Distributing & Manufacturing, Inc., are incorporated herein by reference as though fully set forth at length. 39. The allegations of Paragraph 39 state legal conclusions to which no response is required. To the extent the allegations are deemed to be factual, the allegations are denied pursuant to the Rules of Civil Procedure. WHEREFORE, Defendant, Northland Distributing & Manufacturing, Inc., demands judgment in its favor. DATE: 11' 110999.1 14??F IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TUCKER ARENSBERG, P.C. By: tep n . Greecher, Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. VERIFICATION I, KEITH HORNE, as authorized agent for NORTHLAND DISTRIBUTING & MANUFACTURING, INC., one of the Defendants in the foregoing action, do hereby certify that I am authorized to execute documents on behalf of Northland Distributing & Manufacturing, Inc., and acknowledge, on behalf of Northland Distributing & Manufacturing, Inc., that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ei Horne President 110999.1 CERTIFICATE OF SERVICE AND NOW, this ?v-M day of JANUARY, 2010, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Defendant, Northland Distributing & Manufacturing, Inc., hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Joseph F. McNulty, Jr., Esquire Post & Schell 1245 South Cedar Crest Boulevard, Suite 300 Allentown, PA 18103 ATTORNEYS FOR DEFENDANT, GETTEL ENTERPRISES, INC. Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 ATTORNEYS FOR PLAINTIFF 110999.1 4e? Jacque) Zettlemoyer' JU' 4 2010 POST & SCHELL, P.C. Attorneys for Defendants BY: JOSEPH F. MCNUL Y, JR., ESQUIRE Paul W. Gettel, i/t/d/b/a Cars by Gettel, Inc., E-MAIL: jmcnulty@postEchell.com A/k/a Cars by Gettel, Gettel Enterprises, Inc. I.D. # 35385 1245 SOUTH CEDAR CREST BLVD ALLENTOWN, PA 1810 610-433-0193 PENN NATIONAL INS CE, as IN THE COURT OF COMMON PLEAS Subrogee of Hempt Broth rs, Inc., CUMBERLAND COUNTY, PENNSYLVANIA VS. PA PUBLIC WORKS EQ UIPMENT NO. 08-4880-CIVIL COMPANY, LLC; PAPU BLIC WORKS EQUIPMENT CO.; KEN NETH R. MOYER, JR. i/t/d/b/a PA PUBLIC ' WORKS EQUIPMENT CO.; G. L E SOUDER and MARIAN SOLIDER; and PAUL W. GETTEL, i/t/d/b/a CARS BY GET EL, INC., a/k/a CARS BY GETTEL, Defendants. ERIE INSURANCE GR UP, as subrogee of PA PUBLIC WORKS E UIPMENT CO. PA PUBLIC WORKS E UIPMENT COMPANY, LLC and K NNETH MOYER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiffs, VS. No. 08-5623 CIVIL V GETTEL ENTERPRISE , INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, C., Defendants. 7 A I G. LEE SOUDER Plaintiff, vs. PA PUBLIC WORKS EQ IPMENT COMPANY, LLC; PA PUBLIC WORK EQUIPMENT CO.; KENNETH R. MOYER, ., individually and trading and doing business a s PA PUBLIC WORKS EQUIPMENT CC individually and trading an .; PAUL W. GETTEL, doing business as CARS BY GETTEL and C ARS BY GETTEL, INC., Defendants. ERIE INSURANCE GRO UP a/s/o PA PUBLIC WORKS EQUI PMENT CO.; PA PUBLIC WORKS EQUI PMENT COMPANY, LLC; KEN NETH MOYER; JILL E. MOYER; CINCI NNATI INSURANCE CO., (a/s/o JAMES ZIMMERMAN), TRAVE LERS INSURANCE COMPAN Y (a/s/o EAST LAMPETER TWSP); an ST. PAUL MERCYRY INSURANC E CO. (a/s/o NEW CUMBERLAND BORO UGH), Plaintiffs, VS. GETTEL ENTERPRISES , INC.; NORTHLAND DISTRIB UTING & MANUFACTURING, IN '..; PAUL W. GETTEL i/t/d/b/a CARS Y GETTEL, INC.; G. LEE SOUDER and M N SOUDER, Defendants. 8 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 2009-8511 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 09-8855 - CIVIL PA PUBLIC WORKS COMPANY, LLC., VS. G. LEE S OUDER and N husband and wife; NOR' DISTRIBUTING & FUl GETTEL ENTERPRISE W. GETTEL, Individual as Cars by Gettel, Inc., Plaintiff, SOUDER, 4ACE, INC.; INC.; and PAUL and doing business Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 09-8862 ORDER -( AND NOW, this l $ day of J J, , 2010, upon consideratio of the Motion to Consolidate for Defendants, Paul W. Gettel, i/t/d/b/a Cars by Gettel, Inc a/k/4 Cars by Gettel, and Gettel Enterprises, Inc., it is hereby ORDERED AND DECREED that discovery, arbitration Hempt, Brothers Inc., vs The following above captioned matters are consolidated for the purposes of trial and will proceed under Penn National Insurance as Subrogee of el, et al., No: 08-4880. be notified of this ORDER: Christopher P. Deegan, Esquire Weber Gallagher Simpson Stapleton Fires & Newby, P.C. Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Barrie B. Gehrlein Flanagan & DiBernardo, LLP 150 East Chestnut Street Lancaster, PA 17602 Keith O. Brenneman, Esquire Richard C. Snelbaker, Esquire 44 W. Main Street Mechanicsburg, PA 17055 9 Martin P. Duffy, Esquire Cozen & O'Connor 1900 Market Street Philadelphia, PA 19103 Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P. O. Box 889 Harrisburg, PA 17108 Mark F. McKenna, Esquire Theresa B. O'Brien, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 BY THE COURT r Cn 10 FiLED-0F ?0L'- 11 01 1 t1% I THE PROTi 140"A Ry 2012 JAN 10 PM 1: 29 PENNS LVAN A i PENN NATIONAL INSURANCE, as Subrogee of Hempt Brothers, Inc., Plaintiff V. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, PA PUBLIC WORKS EQUIPMENT CO., KENNETH R. MOYER, JR., individually and trading and doing business as PA. PUBLIC WORKS EQUIPMENT CO., G. LEE SOUDER and MARIAN SOUDER; and PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC., Defendants ERIE INSURANCE GROUP a/s/o PA PUBLIC WORKS EQUIPMENT CO.; PA PUBLIC WORKS EQUIPMENT COMPANY, LLC; KENNETH MOYER; Plaintiffs V. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4880 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5623 CIVIL LAW OFFICES SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. G. LEE SOUDER, V. Plaintiff PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, PA PUBLIC WORKS EQUIPMENT CO., KENNETH R. MOYER, JR., individually and trading and doing business as PA PUBLIC WORKS EQUIPMENT CO., PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC., Defendants ERIE INSURANCE GROUP a/s/o PA PUBLIC WORKS EQUIPMENT CO.; PA PUBLIC WORKS EQUIPMENT COMPANY, LLC; KENNETH MOYER; JILL E. MOYER; CINCINNATI INSURANCE CO., (a/s/o JAMES ZIMMERMAN) TRAVELERS INSURANCE (a/s/o EAST LAMPETER TWP); and ST. PAUL: MERCURY INSURANCE CO. (a/s/o NEW CUMBERLAND BOROUGH), Plaintiffs V. GETTEL ENTERPRISES, INC.; NORTHLAND DISTRIBUTING & MANUFACTURING, INC.; PAUL W. GETTEL, i/t/d/b/a CARS BY GETTEL, INC., G. LEE SOUDER and MARIAN SOUDER, Defendants PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, Plaintiff V. G. LEE SOUDER and MARIAN SOLIDER, husband and wife, NORTHLAND DISTRIBUTING & FURNACE, INC., GETTEL ENTERPRISES, INC.and PAUL W. GETTEL, individually and doing business as CARS BY GETTEL, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : JURY TRIAL DEMANDED NO. 2009-8511 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8855 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED NO. 09-8862 CIVIL MOTION TO STRIKE CASE FROM FEBRUARY 2012 CIVIL TRIAL LIST AND TO ESTABLISH A SCHEDULING CONFERENCE Plaintiff G. Lee Souder, by his attorneys, Snelbaker & Brenneman, P. C., submits this Motion and in support thereof, states the following: Background 1. On July 15, 2010 this Court issued an Order consolidating the five actions identified above for purposes of discovery and trial. 2. The five consolidated actions share common questions of law and fact and pertain to losses sustained by various parties arising from the same fire. 3. Counsel has learned that the five cases are listed for trial for the February 2012 civil trial term. MOTION TO STRIKE FROM FEBRUARY 2012 CIVIL TRIAL LIST 4. Discovery in the consolidated cases is not complete and the parties recently undertook efforts to schedule and participate in mediation. 5. In order to complete discovery and proceed with mediation, all counsel agree and consent to striking these cases from the February 2012 civil trial list with the expectation that a scheduling order will be issues establishing deadlines for, inter alia, completion of discovery and mediation. WHEREFORE, Plaintiff G. Lee Souder requests this Court to strike the cases consolidated under No. 08-4880 from the February 2012 civil trial list. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. MOTION TO ESTABLISH A SCHEDULING CONFERENCE 6. For purposes of efficiently proceeding with the five cases to trial or resolution, it would be beneficial for the Court to hold a conference among counsel for purposes of establishing an Order setting out various deadlines for, inter alia, completion of discovery and mediation. 7. All counsel consent to the holding of a conference with the Court for purposes of establishing a scheduling order for the cases that have been combined for discovery and trial. 8. In accordance with C.C.R.P. 208.2(d) concurrence of all counsel was sought in this Motion and all counsel have indicated their consent to both striking the case from the February 2012 civil trial list and having a scheduling conference with the Court. 9. The Honorable M. L. Ebert, Jr. has previously ruled in these cases by issuing the Order of July 15, 2010 consolidating the five cases for discovery and trial. WHEREFORE, Plaintiff G. Lee Souder requests this Court to: A. Strike the combined cases from the February 2012 civil trial list; and B. Issue an order establishing a scheduling conference. Respectfully Submitted, SNELBAKER & BRENNEMAN, P. C. By: /0 o1e/,Z LAW OFFICES Date: ?.Q/y , SNELBAKER & BRENNEMAN, P.C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant G. Lee Souder -2- VERIFICATION I verify that the statements made in the foregoing Motion 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 unsworn falsification to authorities. 1h, Keith O. Brenneman y Date: J'4Ny4&? Id, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Mark F. McKenna, Esquire McKenna & Associates, P. C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Christopher P. Deegan, Esquire Weber, Gallagher, Simpson, Stapleton Fires & Newby, LLP Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Martin P. Duffy, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P. C. 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Barrie B. Gehrlein, Esquire Flanagan & DiBernardo, LLP 150 East Chestnut Street Lancaster, PA 17602 Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart & Weidner P. O. Box 109 Lemoyne, PA 17043 SNELBAKER & BRENNEMAN, P.C. By. Il7i---- Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 JA N? !G. ?O1 Z Attorneys for Plaintiff G. Lee Souder LAW OFFICES SNELBAKER & BRENNEMAN, P.C. NN NATIONAL INSURANCE, as Subrogee IN THE COURT OF COMMON PLEAS OF Hempt Brothers, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, PA PUBLIC WORKS EQUIPMENT CO., KENNETH R. MOYER, JR., individually and trading and doing business as PA. PUBLIC WORKS EQUIPMENT CO., G. LEE SOUDER and MARIAN SOLIDER; and PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC., Defendants ERIE INSURANCE GROUP a/s/o PA PUBLIC WORKS EQUIPMENT CO.; PA PUBLIC WORKS EQUIPMENT COMPANY, LLC; KENNETH MOYER; Plaintiffs v. GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants : NO. 08-4880 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5623 CIVIL LAW OFFICES SNELBAKER & BRENNEMAN, P.C. G. LEE SOUDER, V. Plaintiff PA PUBLIC WORKS EQUIPMENT 'COMPANY, LLC, PA PUBLIC WORKS ;EQUIPMENT CO., KENNETH R. MOYER, JR., individually and trading ;and doing business as PA PUBLIC !WORKS EQUIPMENT CO., PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC., Defendants ERIE INSURANCE GROUP a/s/o PA PUBLIC WORKS EQUIPMENT CO.; PA PUBLIC WORKS EQUIPMENT COMPANY, LLC; KENNETH MOYER; JILL E. MOYER; CINCINNATI INSURANCE CO., (a/s/o JAMES ZIMMERMAN) TRAVELERS INSURANCE (a/s/o EAST LAMPETER TWP); and ST. PAUL: MERCURY INSURANCE CO. (a/s/o NEW CUMBERLAND BOROUGH), Plaintiffs V. !GETTEL ENTERPRISES, INC.; NORTHLAND DISTRIBUTING & MANUFACTURING, INC.; PAUL W. 'GETTEL, i/t/d/b/a CARS BY GETTEL, INC., G. LEE SOUDER and MARIAN SOUDER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED NO. 2009-8511 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8855 CIVIL LAW OFFICES SNELSAKER & BRENNEMAN, P.C. A PUBLIC WORKS EQUIPMENT 'OMPANY, LLC, Plaintiff V. G. LEE SOUDER and MARIAN SOLIDER, husband and wife, NORTHLAND DISTRIBUTING & FURNACE, INC., GETTEL ENTERPRISES, INC.and PAUL W GETTEL, individually and doing business as CARS BY GETTEL, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : JURY TRIAL DEMANDED NO. 09-8862 CIVIL ORDER '11, AND NOW, this klk day of January, 2012 in consideration of the Motion to Strike Case From the February 2012 Civil Trial list and the concurrence of all counsel in that Motion, it is hereby ORDERED that cases consolidated for trial under No. 08-4880 are hereby stricken from the February 2012 Civil Trial list. BY THE COURT: LAW OFFICES SNELBAKER & BRENNEMAN, RC v' h??r?i h F' ?u y , ?sd c rrt ? _ r i C-.+ 3'. 'm