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HomeMy WebLinkAbout04-1944EUGENE GOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. 2004- / 99 y CIVIL TERM ABC FUEL OIL COMPANY, CIVIL ACTION - LAW Defendant PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendant, ABC FUEL OIL COMPANY, and enter my appearance on behalf of the plaintiff, Eugene Good. Please direct the Sheriff to serve the defendant as follows: ABC Fuel Oil Company 25 North Lockwillow Avenue Harrisburg, PA 17112 By: April 30, 2004 To: ABC FUEL OIL COMPANY Respectfully submitted, IRWIN & Marcus A. Tni ghtE sgmre 60 West A. Street, azlisle, PA 17 13 (717) 249-2upreme o: 25476 You are hereby notified that Eugene Good, plaintiff, has commenced an action against you which you are required to defend or a default judgment may be entered against you. U.CtM PROTHOW&ARY i By: DE Date: Orte 3 , 2004 n C. 7t O Itl v ? ' G,J wrJ -K .S O Jrj r rL r.? _ -_ e ?s u ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01944 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOOD EUGENE VS ABC FUEL OIL COMPANY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ABC FUEL OIL COMPANY but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On May 19th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin Co 30.50 .00 67.50 05/19/2004 MARCUS MCKNIGHT So answ R. Thomas Kline Sheriff of Cumberl nd County Sworn and subscribed to before me this zw6r, day of ,;ZOO ?`Y, A. D. /" `/ P rrotho o a r1l The Court of Common Pleas of Cumberland County, Penzisylvania Eugene Good vs. ABC Fuel Oil Canpany SERVE: same No. 04-1944 civil Now, may 6, 2004 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to , 20, at o'clock M. served the copy of the original the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this J day of -20 COSTS SERVICE $ MILEAGE AFFIDAVIT I e ]a f the o`i?hrriff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania , GOOD EUGENE vs County of Dauphin : ABC FUEL OIL COMPANY Sheriff's Return No. 4537-T - - -2004 OTHER COUNTY NO. 04-1944-CIVIL J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:May 13, 2004 at 1:OOPM served the within WRIT OF SUMMONS upon ABC FUEL OIL COMPANY by personally handing to BROOKS KENNEDY, CREDIT MANAGER 1 true attested copy(ies) of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 25 NORTH LOCKWILLOW AVE HBG, PA 17112-0000 Sworn and subscribed to before me this 14TH day of MAY, 2004 'IOU - A--11 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1, 2006 So Answers, Sheriff of %uphi Pa. By 4? el---57 5 eputy Sheriff Sheriff's Costs:$30.50 PD 05/13/2004 RCPT NO 194613 TORO MARCH, HURWITZ & DeMARCO P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 EUGENE GOOD, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. ABC FUEL OIL COMPANY Defendant NO. 2004-01944 PRAECIPE FOR RULE TO FILE COMPLAINT To the Prothonotary: Please enter a Rule upon Plaintiff to file a Complaint within twenty (20) days of service thereof or suffer the entry of Judgment of Non Pros. By: MARCH, HURWITZ & DeM6RCO, P.C. JOSEPM. DEMARCO, ESQUIRE Attorney for Defendant RULE AND NOW, this /044- day of M? , 2006, upon praecipe of counsel, JOSEPH M. DeMARCO, ESQUIRE, a rule is here y entered upon the Plaintiff to file a Complaint within twenty (20) days after service of this rule or suffer the entry of Judgment of Non Pros. Office f Proth o ary 41, MARCH, HURWITZ & DeMARCO P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 EUGENE GOOD, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO. 2004-01944 VS. ABC FUEL OIL COMPANY Defendant CERTIFICATE OF SERVICE I, JOSEPH M. DeMARCO, ESQUIRE, do hereby certify that on May 18, 2006, I served a true and correct copy of the attached Praecipe for Rule to File Complaint to the below-named party via deposit in a sealed envelope into First Class Mail. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 MARCH, HUR ITZ & DeMARCO, P.C. BY: JOSEPV M. DeMARCO, ESQUIRE Attornv for Defendant 7a+ " -r; 7 `` d i EUGENE GOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ABC FUEL OIL COMPANY, NO. 2004-1944 Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 1 AMERICANS WITH DISABILITIES Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 EUGENE GOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ABC FUEL OIL COMPANY, NO. 2004-1944 Defendant COMPLAINT AND NOW comes the Plaintiff, EUGENE GOOD, by and through his attorneys, Irwin & McKnight, and makes the following Complaint against the Defendant, ABC FUEL OIL COMPANY, as follows: 1. The Plaintiff is Eugene Good, an adult individual residing at 210 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is ABC Fuel Oil Company with a business address of 25 North Lockwillow Avenue, Harrisburg, Dauphin County, Pennsylvania 17112.0 3. On May 2, 2002, at approximately 10:30 a.m., the 1995 Ford Ranger driven by the Plaintiff, Eugene E. Good, was struck from the rear by the truck owned and operated by the ABC Fuel Oil Company. 3 4. The Defendant, ABC Fuel Oil Company, was liable for the actions of its employee while operating its equipment. 5. The collision was caused by the negligent actions of the Defendant in that its driver: a. Failed to pay attention to the highway; b. Failed to provide the Plaintiff any warning of the pending collision; C. Failed to maintain the vehicle under proper control in an effort to avoid a collision; and d. Was traveling in and operating the vehicle in a reckless and careless manner. 6. The Plaintiff used his vehicle for his employment as a painting contractor. He sustained property damage, personal injury, loss of income and damages which are less than the arbitration limit of Twenty-Five Thousand and no/100 ($25,000.00) Dollars. 4 WHEREFORE, the Plaintiff, Eugene Good, seeks damages through Arbitration, which are less than Twenty-Five Thousand and no/100 ($25,000.00) Dollars with the costs of this action and interest as permitted by law. Respectfully submitted, IRWIN & McKNIGHT By: M us A. cKnight, III, Esquire Su eme Co I.D. #: 25476 60 est Po et Street .1T. A017013 (717) 249-2353 Attorney for the Plaintiff Date: July 3, 2006 5 VERIFICATION The foregoing document is based upon information which has been gathered by counsel for the Plaintiff in the preparation of this document. To the extent that the document is based upon information which has been gathered by counsel, it is true and correct to the best of the counsel's knowledge, information and belief. The undersigned is verifying on behalf of the Plaintiff according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Date: July 3, 2006 6 EUGENE GOOD, Plaintiff V. ABC FUEL OIL COMPANY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-1944 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph M. DeMarco March, Hurwitz & DeMarco, P.C. 17 West Third Street P. O. Box 108 Media, PA 19063 IRWIN & McKNIGHT By: cus JAKnit' ghIII, Esquire West Street lsle, 13 (717 Supreme Court I.D. No. 25476 Date: July 3, 2006 7 r.i e.1 _. 17 L.? T C4 'Y t " r„ MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD ST., P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, VS. NO. 2004-01944 Plaintiff JURY TRIAL DEMANDED ABC FUEL OIL COMPANY, Defendant TO PLAINTIFF: NOTICE TO PLEAD You are hereby notified to plead to the enclosed Answer with New Matter within Twenty days (20) of service hereof or a default Judgment may be entered against you. MARCH, HURWITZ & QWARCO, P.C. BY: JOSEPH. DeMARCO, ESQUIRE Attorney or Defendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD ST., P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, Plaintiff NO. 2004-01944 vs. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED DEFENDANT ABC FUEL OIL COMPANY'S ANSWER WITH NEW MATTER Denied. After reasonable investigation, Answering Defendant is without information sufficient with which to admit or deny the veracity of the averments in this paragraph. Strict proof, if relevant, is demanded at trial. 2. Admitted. Denied. After reasonable investigation, Answering Defendant is without information sufficient with which to admit or deny the veracity of the averments in this paragraph. Strict proof, if relevant, is demanded at trial. 4. Denied as stated. Certain averments contained in this paragraph are conclusions of law to which no response is required. To the extent deemed factual, after reasonable investigation, Answering Defendant is without information sufficient with which to admit or deny the veracity of the averments in this paragraph. Strict proof, if relevant, is demanded at trial. Denied as stated. Certain averments contained in paragraph 5 are conclusions of law to which no response is required. To the extent allegations in this paragraph are deemed factual, it is denied the Answering Defendant was negligent for any alleged failure to pay attention to the highway, failure to provide Plaintiff with warning of the pending collision, failure to maintain a vehicle under proper control in an effort to avoid a collision and/or traveling and/or operating a vehicle in a reckless and/or careless manner. 6. Denied. After reasonable investigation, Answering Defendant is without information sufficient with which to admit or deny the veracity of the averments in this paragraph. Strict proof, if relevant, is demanded at trial. WHEREFORE, Answering Defendant respectfully requests this Honorable Court to enter judgment in its favor. NEW MATTER 7. Answering Defendant incorporates herein by reference as though fully set forth at length the averments contained in paragraphs 1 through 6 of its Answer with New Matter. 8. Plaintiff may have been negligent to such an extent as to bar and/or reduce his recovery. 9. Plaintiff may have assumed the risk. 10. Plaintiffs Complaint may be barred by the Statute of Limitations. 11. Plaintiff's claims may be barred by Pennsylvania case law including Lamp v. Heyman and its progeny. 12. No action or inaction on the part of Answering Defendant is the legal cause of any damage to Plaintiff. 13. The incident at issue may have been due to the actions or inactions of others over whom we have no control. 14. Plaintiff's claims may be barred and/or limited by the provisions of the Motor Vehicle Financial Responsibility Act. WHEREFORE, Answering Defendant respectfully requests this Honorable Court enter Judgment in its favor. MARCH, HLI MITZ 8a DeM,,44CO, P.C. BY: J48EPH M. DeMARCO, ESQUIRE Attorney for Defendant, ABC Fuel Oil Company VERIFICATION I, B-ETC ta-4b(W , on behalf of ABC FUEL OIL COMPANY verify that the facts set forth in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief and that said statements are made subject to the penalties of 18 Pa. C.S. 4904 relating to unworn falsification to authorities. on bdhalf of ABC FUEL O OM ANY MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD ST., P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff VS. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, JOSEPH M. DeMARCO, ESQUIRE, do hereby certify that on July 19, 2006, I served a true and correct copy of the attached Answer with New Matter to the below-named parties via deposit in a sealed envelope into First Class Mail. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 BY: MARCH, HURWITZ & DeMARCO, P.C. DeMARCO, ESQYIIRE lefendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff VS. . JURY TRIAL DEMANDED ABC FUEL OIL COMPANY, Defendant MOTION TO COMPEL PLAINTIFF'S ANSWERS TO DISCOVERY Defendant, by their undersigned attorney, respectfully request that the Court enter the attached Order compelling Plaintiff to provide full and complete answers to discovery within ten days. In support of its Motion, Defendant avers as follows: 1. The above-captioned matter concerns an alleged incident which occurred on or about May 2, 2002. 2. On or about July 21, 2006 Defendant's counsel forwarded a demand request to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "A." 3. No answer was received. MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 4. On or about August 17, 2006 Defendant's counsel forwarded Interrogatories and Requests to Production of Documents addressed to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "B." 5. Pursuant to Rule 4006, said answers were due on or before September 17, 2006. 6. No answers were received and no extension was requested. WHEREFORE, the Defendant respectfully requests that this Court enter an Order requiring the Plaintiff to serve full and complete verified answers to discovery, without objection, within ten (10) days from the date of this Order or suffer dismissal of the Complaint. MARCH, HUI,WITZ & DeMARCO, P.C. BY: JOPH M. DeMARCO, ESQUIRE A rney for Defendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET 9 P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, VS. ABC FUEL OIL COMPANY, Defendant I, JOSEPH M. DeMARCO, hereby certify that: 1. I am counsel of record for the Defendant in the above-captioned matter. 2. The facts set forth in the foregoing Discovery Motion are true and correct to the best of my knowledge. 3. Correspondence reiterating the discovery request and seeking compliance was sent on July 21, 2006 and August 17, 2006 as indicated in the Motion. 4. I have made a good faith effort to confer with defense counsel and resolve this discovery matter prior to seeking the Court's intervention. 5. This certification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MARCH, HU$.WITZ & DeMARCO, P.C.: NO. 2004-01944 Plaintiff JURY TRIAL DEMANDED By: JOSXPH M. DeMARCO, ESQUIRE MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 MARCH,-HVRWI DelvIARCO, P.C. ---Attorneys-at L-aw-- - - -- 17 West Third Street P.O. Box 108 Media, PA 19063 610-565-3950 610-892-0875 (fax) GARY A. HURWITZ* JOSEPH M. DeMARCO DENISE M. MONTGOMERY* *MEMBERS OF NJ AND PA BARS OF COUNSEL: WILLIAM D. MARCH July 21, 2006 Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 Re: Eugene Good vs. ABC Fuel Oil Company CCP Cumberland County, No. 2004-01944 Dear Mr. McKnight: S.rl 10 V 411 Route 70, Suite 215 Cherry Hill, NJ 08034 856-661-8150 Reply to: Media As you are aware, I represent the defendants in the above. Please make a demand and identify the basis for the same. In reviewing my client's file, I see yours of March 7, 2003 indicating a total loss to your client of $6,410.68. I enclose herewith for your easy reference a copy of that correspondence. My clients have paid the entire subrogation claim of Progressive, reimbursed Mr. Good for his deductible and completely eliminated any rental car responsibility on your client's part. Our total payments to date have been $6,223.69. In light of all of this, let me know what it is that your client is thinking. I look forward to hearing from you before we are required to engage in discovery. Very truly yours, JMD:blw - Enclosure cc: Stacey Rankin (Claim No. 43A-110375) CO EXHIBIT "A" - MARCH, HURWITZ & DeMARCO, P.C. _ Attorneys-at- Law--- - -- ------- --- 17 West Third Street P.O. Box 108 Media, PA 19063 610-565-3950 610-892-0875 (fax) GARY A. HURWTTZ* 411 Route 70, Suite 215 JOSEPH M. DeMARCO Cherry Hill, NJ 08034 DENISE M. MONTGOMERY* 856-661-8150 *MEMBERS OF NJ AND PA BARS OF COUNSEL: Reply to: Media WILLIAM D. MARCH Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 August 17, 2006 Re: Eugene Good vs. ABC Fuel Oil Company CCP Cumberland County, No. 2004-01944 Dear Mr. McKnight: _ I enclose herewith the discovery requests addressed to your client's attention. I would reinvite your attention to my correspondence of July 21, 2006. An informal response to the inquiries contained in that correspondence would suffice in the interim. Alternatively, please respond to the enclosed discovery. I look forward to hearing from you. JMD:blw Enclosure cc: Stacey Rankin (Claim No. 43A-110375 Very taly yours, CO EXHIBIT "B" MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, Plaintiff NO. 2004-01944 VS. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, JOSEPH M. DeMARCO, ESQUIRE, certify that a true and correct copy of the Motion to Compel Discovery was mailed to the Attorney for the Plaintiff, in the above-captioned matter on October 5, 2006 by United States Mail, First Class Postage Prepaid to the following address: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 MARCH, HURWI??i ]PeMARCO, P.C. BY: JOSEPVM. DeMARCO, ESQUIRE Attorny for Defendant, ABC el Oil Company MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW - 17 WEST THIRD STREET - P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 r"? rz c? ?-' '?'' .._.j Yr ? ? ?? ? . 7 ,'' i. ?. ?} ?? i' '.,. `_. ^1Y' ?: _-T . ! ?- _ C ??,?? EUGENE GOOD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ABC FUEL OIL COMPANY, Defendant NO. 04-1944 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of October, 2006, upon consideration of Defendant's Motion To Compel Plaintiff's Answers to Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Joseph M. DeMarco, Esq. 17 West Third Street P.O. Box 108 Media, PA 19063 Attorney for Defendant :rc j? i cC f r Pjl ,j ",C :C W8 U 100 HE MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff, V. JURY TRIAL DEMANDED ABC FUEL OIL COMPANY, Defendant. MOTION TO MAKE RULE ABSOLUTE Defendant, by their undersigned attorney, respectfully requests that the Court Make Rule Absolute and enter the attached Order compelling Plaintiff to provide full and complete answers to discovery within ten days. In support of its Motion, Defendant avers as follows: 1. The above-captioned matter concerns an alleged incident which occurred on or about May 2, 2002. 2. On or about July 21, 2006 Defendant's counsel forwarded a demand request to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "A." 3. No answer was received. MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET 9 P.O. BOX 108 • MEDIA, PF,NNSYLVANIA 19063 4. On or about August 17, 2006 Defendant's counsel forwarded Interrogatories and Requests to Production of Documents addressed to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "B." 5. Pursuant to Rule 4006, said answers were due on or before September 17, 2006. 6. No answers were received and no extension was requested. 7. On October 5, 2006, Defendant filed with this Court a Motion to Compel Plaintiff's answers to discovery. Copy of Motion and proposed Order are attached hereto and labeled as Exhibit "C." 8. In response, on October 23, 2006, the Honorable J. Wesley Oler, Jr. rendered a Rule upon Plaintiff to show cause why the relief requested in the Motion to Compel should not be granted. Copy of Order of Court attached hereto and labeled as Exhibit "D." 9. To this date, Plaintiff has not responded to said Rule nor advanced the requested answers to discovery. WHEREFORE, the Defendant respectfully requests that this Court Make Rule Absolute and enter the attached Order compelling Plaintiff to serve full and complete verified answers to discovery, without objection, within ten (10) days from the date of this Order or suffer dismissal of the Complaint. MARCH, HURWITZ & DeMARCO, P.C. BY: ?--- JOSEPH M. DeMARCO, ESQUIRE Attorney for Defendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff, V. ABC FUEL OIL COMPANY, Defendant. JURY TRIAL DEMANDED I, JOSEPH M. DeMARCO, hereby certify that: 1. I am counsel of record for the Defendant in the above-captioned matter. 2. The facts set forth in the foregoing Motion are true and correct to the best of my knowledge. 3. Correspondence reiterating the discovery request and seeking compliance was sent on July 21, 2006 and August 17, 2006 as indicated in the Motion. 4. I have made a good faith effort to confer with defense counsel and resolve this discovery matter prior to seeking the Court's intervention. 5. This certification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating; to unsworn falsification to authorities. MARCH, HURWITZ & DeMARCO, P.C.: By: JOSEPH M. DeMARCO, ESQUIRE MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 109 • MEDIA, PENNSYLVANIA 19063 MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 1.08 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff, V. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED CERTIFICATION OF SERVICE I, JOSEPH M. DeMARCO, ESQUIRE, certify that a true and correct copy of the Motion to Make Rule Absolute was mailed to the Attorney for the Plaintiff, in the above- captioned matter on December 13, 2006 by United States Mail, First Class Postage Prepaid to the following address: Marcus A. McKnight, III, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE Attorney for Defendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW 9 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 _A 'M RCH -HUR'WI T DeRARCO P C - . . - Attom- eys-at-L-aw 17 West Third Street P.O. Box 108 Media, PA 19063 610-565-3950 610-892-0875 (fax) _ GARY A. In1RWITZ* JOSEPH M. DeMARCO DENISE M_ MONTGOMERY* *MEMBERS OF NJ AND PA BARS OF COUNSEL: wa,L1AM D. MARCH July 21, 2006 Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 Re: Eugene Good vs. ABC Fuel Oil Company CCP Cumberland County, No. 2004-01944 411 Route 70, Suite 215 Cherry Hill, NJ 08034 856-661-8150 Reply to: Media Dear Mr. McKnight: _ As you are aware, I represent the defendants in the above. Please make a demand and identify the basis for the same. In reviewing my client's file, I see yours of March 7, 2003 indicating a total loss to your client of $6,410.68. I enclose herewith for your easy reference a copy of that correspondence. My clients have paid the entire subrogation claim of Progressive, reimbursed Mr. Good for his deductible and completely eliminated any rental car responsibility on your client's part. Our total payments to date have been $6,223.69. In light of all of this, let me know what it is that your client is thinking. I look forward to hearing from you before we are required to engage in discovery. - Very truly yours, JNM:blw Enclosure cc: Stacey Rankin (Claim No. 43A-110375) EXHIBIT "A" i ?n?b?t g V CH, 111 RWITZ & D6MARCO, P.C. Attorneys-at L-aw 17 West Third Street P.O_ Box 108 Media, PA 19063 610-565-3950 610-892-0875 (fax) GARY A HURWITZ* 411 Route 70, Suite 215 JOSEPH M. DeMARCO Cherry Hill, NJ 08034 DENISE M. MONTGOMERY* 856-661-8150 *MEMBERS OF NJ AND PA BARS OF COUNSEL: Reply to: Media WILLIAM D. MARCH August 17, 2006 Marcus A. McKnight, lH, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 Re: Eugene Good vs. ABC Fuel Oil Company CCP Cumberland County, No. 2004-01944 Dear Mr. McKnight: - I enclose herewith the discovery requests addressed to your client's attention. I would reinvite your attention to my correspondence of July 21, 2006. An informal response to the inquiries contained in that correspondence would suffice in the interim. Alternatively, please respond to the enclosed discovery. I look forward to hearing from you. Very y yours, JMD:blw JOSEPH M. DE CO Enclosure cc: Stacey Rankin (Claim No. 43A-110375 , EXHIBIT "B" F-X i MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND (:` Ol . ` TY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-019-14 Plaintiff VS. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DI? LANDED MOTION TO COMPEL PLAINTIFF'S ANSWERS TO DISCOVERY Defendant, by their undersigned attorney, respectfully requ.-st that the Court enter the attached Order compelling Plaintiff to provide full and complete answe?-s to discovery within ten days. In support of its Motion, Defendant avers as follows: 1. The above-captioned matter concerns an alleged incident whi cL occurred on or about May 2, 2002. 2. On or about July 21, 2006 Defendant's counsel forwarded demand request to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "A." 3. No answer was received. MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 F/ . 4. On or about August 17, 2006 Defendant's counsel f'Orwarded Interrogatories and Requests to Production. of Documents addressed to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "B." 5. Pursuant to Rule 4006, said answers were due on cr before September 17, 2006. 6. No answers were received and no extension was requested. WHEREFORE, the Defendant respectfully requests that this Court enter an Order requiring the Plaintiff to serve full and complete verified answers to discovery, without objection, within ten (10) days from the date of this Order or suffer dismissal of the Complaint. MARCH, HUB-ITZ & DeMARCO, P.C. BY: _ JO I M. DeNt%,RCO, ESQUIRE 7 for Defendant, ABC Fuel Oil Company 09 MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 10063 L?- X4 EUGENE GOOD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ABC FUEL OIL COMPANY, Defendant NO. 04-1944 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of October, 2006, upon consideration of Defendant's Motion To Compel Plaintiff's Answers to Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Jos h M. DeMarco, Esq. West Third Street P.O. Box 108 Media, PA 19063 Attorney for Defendant :rc TRUE COPY FROM RECORD; n Testimony whereof, I here unla set my hand nd the seal of said Court at Carlisle, Pa. tti? ?? day ofW Prothonwarv ' oEC iew W V MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, Plaintiff, V. ABC FUEL OIL COMPANY, Defendant. NO. 2004-01944 JURY TRIAL DEMANDED ORDER AND NOW, this lb?4 , day of 2006, upon consideration of a ? 2 ?G Ru IC ??Sal? ?? ? Defendant's Motion +n _k an (1r.1Ar inrii'T r " S ri rrPJ it is hereby Ogg ?RED I fiat KU[- tsSue oXI Oct . L3 , moo(, 1s 142-4C z?s?l e Zn and DECREED thatj, 1. The Plaintiff shall provide full and complete answers to Defendant's Interrogatories 9.0 and Request for Documents, without objection, within tee days of the date of this Order or SUL(4 Sgr.KTL0VN_<_ UfttaVLl6-rLaW US T(?(? Co?R-I +??t'LMS RP,°RoPR(/47?t shall suffer t 0?? BY THE COURT: J MARCH, HURWITZ & DeMARCO, P.C. S AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 ;.ems `l- ["* -?' ?T . ?. ?' 1 s ? l .. I ? ? _ ? ? :,?? ? l . ? .._ , LL3 s..:-i S 3.. ?`^S MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE. GOOD, Plaintiff NO. 2004-01944 VS. JURY TRIAL DEMANDED ABC FUEL OIL COMPANY, Defendant DEFENDANT'S MOTION FOR SANCTIONS Defendant, by their undersigned attorney, respectfully request that the Court enter the attached Order compelling Plaintiff to provide full and complete answers to discovery within ten days. In support of its Motion, Defendant avers as follows: 1. The above-captioned matter concerns an alleged incident which occurred on or about May 2, 2002. 2. On or about July 21, 2006 Defendant's counsel forwarded a demand request to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "A." 3. No answer was received. MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET 9 P.O. BOX 108 9 MEDIA, PENNSYLVANIA 19063 4. On or about August 17, 2006 Defendant's counsel forwarded Interrogatories and Requests to Production of Documents addressed to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "B." 5. Pursuant to Rule 4006, said answers were due on or before September 17, 2006. 6. No answers were received and no extension was requested. 7. Defendant filed a Motion to Compel Plaintiff s Answers to Discovery on or about October 5, 2006. 8. On or about October 23, 2006, this Court issued a Rule upon Plaintiff returnable within twenty days of service. Copy of Order is attached hereto and labeled as Exhibit "C." 9. No answer was filed by Plaintiffs in response to Defendant's Motion. 10. On or about December 18, 2006, Defendants filed a Motion to Make Rule Absolute. 11. No response to this Motion to Make Rule Absolute was ever filed by Plaintiffs. 12. On or about December 20, 2006, this Court entered an Order making rule absolute and compelling Plaintiffs to provide full and complete answers to Defendant's Interrogatories and Request to Produce without objection within twenty days of the date of the Court's Order. A copy of the Court's Order of December 20, 2006 is attached hereto and labeled as Exhibit "D". MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 1 3. As of January 19, 2007, Plaintiffs have failed to respond to Defendant's Interrogatories and/or Request to Produce. WHEREFORE, Defendants respectfully requests this Honorable Court enter judgment in their favor. MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH l4. DeMARCO, ES(VUIRE Attorney,,,for Defendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, Plaintiff NO. 2004-01944 VS. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED I, JOSEPH M. DeMARCO, hereby certify that: 1. I am counsel of record for the Defendant in the above-captioned matter. 2. The facts set forth in the foregoing Discovery Motion are true and correct to the best of my knowledge. 3. Correspondence reiterating the discovery request and seeking compliance was sent on July 21, 2006 and August 17, 2006 as indicated in the Motion. 4. I have made a good faith effort to confer with defense counsel and resolve this discovery, matter prior to seeking the Court's intervention. 5. This certification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MARCH, H ITZ & DeMARCO, P.C.: By: JO/sEPH M. DeMARCO, ESQUIRE 1 MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 GARY A. HURWITZ* JOSEPH M. DeMARCO DENISE M. MONTGOMERY* *MEMBERS OF NJ AND PA BARS - ------------OF COUNSEL: ------- WI LIAM D. MARCH Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 f? ®r'171' S a• 1 July 21, 2006 Re: Eugene Good vs. ABC Fuel Oil Company CCP Cumberland County, No. 2004-01944 Dear Mr. McKnight: . As you are aware, I represent the defendants in the above. Please make a demand and identify the basis for the same. In reviewing my client's file, I see yours of March 7, 2003 indicating a total loss to your client of $6,410.68. I enclose herewith for your easy reference a copy of that correspondence. My clients have paid the entire subrogation claim of Progressive, reimbursed Mr. Good for his deductible and completely eliminated any rental car responsibility on your client's part. Our total payments to date have been $6,223.69. In light of all of this, let me know what it is that your client is thinking. I look forward to hearing from you before we are required to engage in discovery. Very truly yours, JMD:blw . - Enclosure cc: Stacey Rankin (Claim No. 43A-110375) EXHIBIT MARCK-HURWIT? I7eMARCO, P.C. - Attorneys-at-Law - 17 West Third Street P.O. Box 108 Media, PA 19063 610-565-3950 610-892-0875 (fax) t.. " !p3 411 Route 70, Suite 215 Cherry Hill, NJ 08034 856-661-8150 Reply to: Media Q - a, ? -I -- Cit. ff RWITZ & De-MARCO, P.C. Attomeys-at L-aw - 17 West Third Street P.O. Box 108 Media, PA 19063 610-565-3950 610-892-0875 (fax) GARY A HURWITZ* 411 Route 70, Suite 215 JOSEPH M. DeMARCO Cherry Hill, NJ 08034 DENISE M. MONTGOMERY* 856-661-8150 *MEMBERS OF NJ AND PA BARS OF COLNSEL: Reply to: Media WILLIAM D. MARCH August 17, 2006 Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 Re: Eugene Good vs. ABC Fuel Oil Company CCP Cumberland County, No. 2004-01944 Dear Mr. McKnight: I enclose herewith the discovery requests addressed to your client's attention. I would reinvite your attention to my correspondence of July 21, 2006. An informal response to the inquiries contained in that correspondence would suffice in the interim. Alternatively, please respond to the enclosed discovery. I look forward to hearing from you. JMD:blw Enclosure cc: Stacey Rankin (Claim No. 43A-11037 Very fly yours, O EXHIBIT "B" EUGENE GOOD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA IV. CIVIL ACTION - LAW ABC FUEL OIL COMPANY, Defendant NO. 04-1944 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of October, 2006, upon consideration of Defendant's Motion To Compel Plaintiff's Answers to Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Marcus A. McKnight, 111, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff i' Joseph M. DeMarco, Esq. West Third Street P.O. Box 108 Media, PA 19063 Attorney for Defendant re rRUE COPY FROM RECORU n Testimony whereof, I here unlip set my hana nd the seal of said Court at Carlisle, Pa. r .2 3. day of 200 Prothonatairv EXHIBIT "C" } DEC 19 2006 PMARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, Plaintiff, NO. 2004-01944 V. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED "R T1F.R AND NOW, this AJT? , day of x) ep. , 2006, upon consideration of TO mpaE RW.E. Pc iou-at' Defendant's Motion k& entet m., (3ider it is hereby ORDERED and DECREED that: -})Rr- R1ux =95u.En 01? .,23,200 , 1 $ TAC?C osolae-, 1. The Plaintiff shall provide full and complete answers to Defendant's Interrogatories 20 and Request for Documents, without objection, within tefr-H+$ days of the date of this Order or aLLOL" 3A)40.TXZL)6 U.POLI MOTY4M TtS THE e-OLIV bEEMS APPROP shall suffer Fm tire, r T RU E: ,ECORD BY THE COURT: In Testimor'.' set my hand 6e, Pa. S . ,q ti. an the seal ci 0L T i .. Prothonottl's? MARWITZ & DeMARCO, P.C. AT°I ORNEYS AT LAW • 17 WREET • P.O . BOX 108 • MEDIA, PENNSYLVANIA 19063 EXHIBIT "D" MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE; GOOD, NO. 2004-01944 Plaintiff VS. JURY TRIAL DEMANDED ABC FUEL OIL COMPANY, Defendant CERTIFICATION OF SERVICE I, JOSEPH M. DeMARCO, ESQUIRE, certify that a true and correct copy of the Motion for Sanctions was mailed to the Attorney for the Plaintiff, in the above-captioned matter on January 19, 2007 by United States Mail, First Class Postage Prepaid to the following address: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEP M. DeMARC(X,ESQUIRE Atto ey for Defendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 9 MEDIA, PENNSYLVANIA 19063 EUGENE GOOD, Plaintiff V. ABC FUEL OIL COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1944 CIVIL TERM ORDER OF COURT AND NOW, this 26`x' day of January, 2007, upon consideration of Defendant's Motion for Sanctions, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, f J. esley Oler, r., J. f Aarcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff 1 ? __eph M. DeMarco, Esq 17 West Third Street P.O. Box 108 Media, PA 19063 Attorney for Defendant ? ? .cam :rc iX17 6 r`, i? - -AL ?O EUGENE GOOD, Plaintiff V. ABC FUEL OIL COMPANY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.2004-1944 ANSWER TO RULE TO SHOW CAUSE AND NOW comes the Plaintiff, EUGENE GOOD, by and through his attorneys, Irwin & McKnight, and makes the following Answer to Rule to Show Cause of the Defendant, ABC FUEL OIL COMPANY, as follows: 1. The Plaintiff is Eugene Good, an adult individual residing at 210 Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is ABC Fuel Oil Company with a business address of 25 North Lockwillow Avenue, Harrisburg, Dauphin County, Pennsylvania 17112.0 3. The Plaintiff has the following response to the request for information of the Defendant. The Plaintiff s total estimated losses of $1,970.64 are as a result of the following: 1. A truck cap not included in the original settlement - $470.64. (See attached Exhibit "A"). 2. The loss of business caused by the lack of his pickup truck with a cap for his family business - $1,500.00 1 ?.. WHEREFORE, the Plaintiff, Eugene Good, requests Your Honorable Court to dismiss the Petition of the Defendant for Entry of Judgment. Respectfully submitted, IRWIN & McKNIGHT By: MarcusCA. Mc ig , III, Esquire Supreme Court D. 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Plaintiff Date: February 12, 2007 2 EXHIBIT "A" • fr u Accessories • 1 a y °?Y EUGENE GOOD, Plaintiff V. ABC FUEL OIL COMPANY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-1944 I, Marcus A. McKnight, , Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid n Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph M. DeMarco March, Hurwitz & D 17 West Third Street P. O. Box 108 Media, PA 19063 By: Date: February 12, 2007 P.C. IRWIN & McKNIGHT A. McKni?ht, III, Esquire 60 Tisle, PA 17013 7) 249-2353 creme Court I. . o. 25476 4 d _n -9 co m F u n rn t MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, Plaintiff NO. 2004-01944 VS. JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE Defendant, by their undersigned attorney, respectfully request that the Court enter the ABC FUEL OIL COMPANY, Defendant : attached Order compelling Plaintiff to provide full and complete answers to discovery within ten days. In support of its Motion, Defendant avers as follows: 1. The above-captioned matter concerns an alleged incident which occurred on or about May 2, 2002. 2. On or about July 21, 2006 Defendant's counsel forwarded a demand request to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "A." 3. No answer was received. MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 4. On or about August 17, 2006 Defendant's counsel forwarded Interrogatories and Requests to Production of Documents addressed to the Plaintiff. Copy of cover letter is attached hereto and labeled as Exhibit "B." 5. Pursuant to Rule 4006, said answers were due on or before September 17, 2006. 6. No answers were received and no extension was requested. 7. Defendant filed a Motion to Compel Plaintiff s Answers to Discovery on or about October 5, 2006. 8. On or about October 23, 2006, this Court issued a Rule upon Plaintiff returnable within twenty days of service. Copy of Order is attached hereto and labeled as Exhibit "C." 9. No answer was filed by Plaintiffs in response to Defendant's Motion. 10. On or about December 18, 2006, Defendants filed a Motion to Make Rule Absolute. 11. No response to this Motion to Make Rule Absolute was ever filed by Plaintiffs. 12. On or about December 209 2006, this Court entered an Order making rule absolute and compelling Plaintiffs to provide full and complete answers to Defendant's Interrogatories and Request to Produce without objection within twenty days of the date of the Court's Order. A copy of the Court's Order of December 20, 2006 is attached hereto and labeled as Exhibit "D". MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 13. As of January 19, 2007, Plaintiffs have failed to respond to Defendant's Interrogatories and/or Request to Produce. 14. On or about January 24, 2007, Defendant filed a Motion for Sanctions. No response to this Motion for Sanctions was filed. 15. On or about January 26, 2007, this Honorable Court entered an Order making the Rule returnable on this Motion within ten days of service. A true and correct copy of this Court's Order of January 16, 2007 is attached hereto and labeled Exhibit "E". 16. No response by Plaintiffs was filed in response to this Rule. WHEREFORE, Petitioner respectfully requests this Honorable Court enter judgment in favor of ABC Fuel Oil Company and against Eugene Good. MARCH, HURWI_TJ, & DeMARCO, P.C. BY: JOSEP M. DeMAk60, ESQUIRE Atto ey for Defendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW - 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff VS. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED I, JOSEPH M. DeMARCO, hereby certify that: 1. I am counsel of record for the Defendant in the above-captioned matter. 2. The facts set forth in the foregoing Discovery Motion are true and correct to the best of my knowledge. 3. Correspondence reiterating the discovery request and seeking compliance was sent on July 21, 2006 and August 17, 2006 as indicated in the Motion. 4. I have made a good faith effort to confer with defense counsel and resolve this discovery matter prior to seeking the Court's intervention. 5. This certification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. MARCH, HURWITZ & DeMARCO, P.C.: By: JOSF/PH M. DeMARCO; ESQUIRE MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 GARY A. HURWITZ* JOSEM M DeMARCO DENISE M MONI'GOMSRY* *M hfflM OF NJ AND PA BARS M EL. WU.L M D. MARCH -Aftorwys-at-La . -- 17 West Thiid Street P.O. Box 108 Media, PA 19063 610-565-3950 610-892-0875 (fax) 411 Rout-, 70, Su to 215 Cherry"MA NJ 08034 856-661-8150 ------------ -------- Reply to: Media r-_- _ July 21, 2006 Marcus A. McKnight, III, Esquire 60 West Pomfret. Street Carlisle, PA 17013-3243 Re: Eugene Good vs. ABC Fuel Oil Company CCP Cumberland County, No. 2004-01944 Deax Mr. McKnight: _ As you are aware, I represent the defendants in the above. Please make a demand and identify the basis for the same. In reviewing my client's file, I see yours of March 7, 2003 indicating a total loss to your client of $65410.68. I enclose herewith for your easy reference a copy of that correspondence. My clients have paid the entire subrogation claim of Progressive, reimbursed Mr. Good for his deductible and completely eliminated any rental car responsibility on your client's part. Our total payments to date have been $6,223.69. In light of all of this, let me know what it is that your client is thinking. I look forward to hearing from you before we are required to engage in discovery. v . Very truly yours., Enclosure cc: Stacey Rankin (Claim No. 43A-110375) EXHIBIT h CSI, I-?CTR'?VfrZ & DeMARCO, P.C. A tto eys-at-b 17 West Third Street P.O. Box 108 Media, PA 19063 610-565-3950 610-892-0875 (fax) _ GARYA HURVV=* JOSEPH X DddaCO DENtMM. MONYGOMBRY* *MEMBER S OF NJ AND PA BARS ----------=-OF COUNSEL: WM IJAM D. MARCH 411 Route 70, Suite 215 CherryI-rn NS 08034 856-661-8150 Reply 10: Media August 17, 2006 Marcus A. McKnight, III, Esquire 60' west Pomfret Street Carlisle, PA 17013-3243 Re: Eugene Good vs. ABC Fuel Oil Company CCP Cumberland County, No. 2004-01944 Dea:rD&. McKnight: :- ; - I enclose herewith the discovery requests addressed to your client's attention. I would reinvite your attention to my correspondence of July 21, 2006. An informal response to the inquiries contained in that correspondence would suffice in the interim. Alternatively, please respond to the enclosed discovery. I look forward to hearing from you. JMD:blw Enclosure cc: Stacey Rankin (Claim No. 43A-11037 Very P;Rly yours, JOSEPH M. DENbkRCO EXHIBIT "B" EUGENE GOOD, IN THE COURT OF COMMON PLEAS-OF. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vi CIVIL ACTION - LAW ABC FUEL OIL COMPANY, Defendant NO. 04-1944 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of October, 2006, upon consideration of Defendant's Motion To Compel. Plaintiff's Answers to Discovery, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Jo7s h M. DeMarco, Esq. Z. West Third Street . P.O. Box 108 Media, PA 19063 Attorney for Defendant :rc ,r uE COPY FROM -RECORD n Testinmy whereof, i here unto set my hano ind the seal of said Court at Carrie, PL .23 y p ?aoCo tronntari ` EXHIBIT "C" r DEC 19 200 Py a MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I:D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff, : V. : JURY TRIAL DEMANDED ABC FUEL OIL COMPANY, Defendant. ORDER AND NOW, this )ZA , day of beic , 2006, upon consideration of TO mWXE Ruwk P8.5ou-LT15, Defendant's Motion `& enter? Oidel Te u ri +?- n?. 0-..f.?4 d it is hereby ORDERED and DECREED that: 4)1C. RILLS =95LLEb 0 N A3,,WNo, i s M0?e- ASOUe., 1. The Plaintiff shall provide full and complete answers to Defendant's Interrogatories xa and Request for Documents, without objection, within Wft (10) days of the date of this Order or %SILC1a %M TES UJ?0t.1 tMOTJo&S PtS 71i Q-OUJLT DIEMS AWROP M shall suffer TRtl F T)M RECORD BY THE COURT: In TestEman" nto set my hark1l .- i . (0 an the seal o =le, Pa. T ....?. d 4?1.. J MARCH, WITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST STREET ? P.O. BOX 108 • MEDIA, PENNSYLVANIA 19063 EXHIBIT "D" EUGENE GOOD, : IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW. ABC FUEL OIL COMPANY, Defendant NO. 04-1944 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of January, 2007, upon consideration of Defendant's Motion for Sanctions, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff J ph M. DeMarco, Esq. 7 West Third Street P.O. Box 108 Media, PA 19063 Attorney for Defendant :rc BY THE COURT, r J. esley Oler, r., J. e t{!?y -fir __ EXHIBIT "E" MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff VS. JURY TRIAL DEMANDED ABC FUEL OIL COMPANY, Defendant CERTIFICATION OF SERVICE I, JOSEPH M. DeMARCO, ESQUIRE, certify that a true and correct copy of the Motion to Make Rule Absolute was mailed to the Attorney for the Plaintiff, in the above-captioned matter on February 14, 2007 by United States Mail, First Class Postage Prepaid to the following address: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 MARCH, HU Z & DeMARCO, P.C. BY: JOS H M. DeMARC , ESQUIRE Attorney for Defendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW • 17 WEST THIRD STREET • P.O. BOX 108 9 MEDIA, PENNSYLVANIA 19063 -T-1 MAR-07-2007 01:43PM FROM-IRWIN & McKNIGHT LAW OFFICES E, UGENE GOOD, Plaintiff V. ABC FUEL OIL COMPANY, Defendant +7172496354 T-719 P004/005 F-060 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-1944 STIPULATION AND NOW, this day of March 2007, comes the parties by their counsel and enters into the following Stipulation: 1. The Plaintiff, Eugene Good, is represented by Marcus A. McKnight, III, Esq., of Irwin & McKnight. 2. The Defendant, ABC Fuel Oil Company, is represented by Joseph M. DeMarco, Esq., of March, Hurwitz & DeMarco, P.C. 3. The Defendant sought discovery and on January 26, 2007, by Order of Court, Judge J. Wesley Oler, Jr. issued a Rule upon the Plaintiff returnable ten (10) days from the date of service. 4. On February 12, 2007, the Plaintiff filed an Answer to the Rule to Show Cause which supplied the information requested by the Defendant. Said Answer was served upon the Defendant by regular mail. 2 MAR-07-2007 01:43PM FROM-IRWIN & McKNIGHT LAW OFFICES +717Z496354 T-719 P 005/005 F-060 5. On Wednesday, February 14, 2007, the Defendant filed a motion to make the Rule Absolute not having received the Plaintiff s Answer. 6. On March 1, 2007, the Court entered judgment against the Plaintiff. 7. The parties agree that judgment should not have been entered by the Court and move to seek to have the judgment of March 1, 2007, stricken and the case opened for further proceedings. NOW THEREFORE, the parties agree by Stipulation that the judgment entered on March 1, 2007, by the Court should be stricken and the case reopened- By: v C -- Marc A* , Esquire Supreme Court . #: 2 76 60 West Po t Street Carlisle, PA 1 013 (717) 249-2353 Attorney for the Plaintiff MAKL; & 1V)eMA1 UV, Y.C. C By: Joseph . DeMarco, Esquire 17 Third Street P. O. Box 108 Media, PA 19063 Date: March 7, 2007 3 r -- l 0 CTJ 'Y FEB 2 7 2007 a/ MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 17 WEST THIRD STREET P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff VS. : ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED ORDER AND NOW, to wit this day of M2-3 2007, upon consideration of Defendant's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that judgment is entered in favor of Defendant ABC Fuel Oil Company and against Plaintiff Eugene Good. BY THE COURT: J. MARCH, HURWITZ & DeMARCO, P.C. ATTORNEYS AT LAW 9 17 WEST THIRD STREET • P.O. BOX 108 9 MEDIA, PENNSYLVANIA 19063 y. Cl- _ -} IJ . Ci V MAR 14 20 a` EUGENE GOOD, Plaintiff V. ABC FUEL OIL COMPANY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-1944 ORDER OF COURT AND NOW, this l day of March 2007, upon consideration of the attached Stipulation, the judgment entered on March 1, 2007 is hereby stricken and the case is open for further proceedings. cc: Marcus A. McKnight, III, Esq. Attorney for Plaintiff /Oseph M. DeMarco, Esq. a Attorney for Defendant 1 By the Court: },r`INVAIASNN3d AINPI ) ?t,r`H gfflO Z 1 : I I WV 91 8vw t00Z AdVlQNU- iO'a'd aHI ?O 30jj4C r-<BjJj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Eugene Good VS. NO. 2004-01944 20. 04 ABC Fuel Oil Company RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Joseph M. DeMarco, Esquire counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 1, 970.64 The counterclaim of the defendant in the action is -0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Marcus A. McKnight, III, Esquire and Joseph M. DeMarco, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp lly submitted, ORDE OF COURT AND NOW, petition, 200 , in consideration of the foregoing Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY n W k -ta fi d `.S -i7 jo. rn n C Eugene Good VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004--0.1944 20_ft4- ABC Fuel Oil Company RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: _ PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Joseph M. DeMarco, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 1, 9 7 0.64 The counterclaim of the defendant in the action is -0 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Marcus A. McKnight, III, Esquire and Joseph M. DeMarco, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp ly submitted, ORDE OF COURT AND NOW, S , 200 , in consideratio of the foregoin petition, 1'?&,d ?- Esq., and 114-1 d6uv Esq., and t?JIZAO?ej Esq., az ppoin d arbitrators in the above captioned action (or actions) prayed for. C urt EDGAR B. BAYLEY C:) CZ=O A; w ON) coo , O ? d N co Plaintiff ?8C t-Ue(. OiL. COOAPr1N1.L Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 20o4- 0 t ri q Y Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and States and the Constitution of this Commonwealth and that we w, with fide ' r Signature gnature IAN (?. i) CL?r F JE2t2i? { Et(, C Name (Chairman) Name Law Firm ,3LlqE? 1 le/?vo Lc I oacL Address 1 M fri p P, I 1 P4 /-/O o City, zip Law Firm 12(p E Kwn ST. Address 311 v t rl s b (,t r N)q city, zip 11'??t' ,ael :T. Wllkre Name Ly/ Law Firm 3 -7 C • Ro 61 fr2? S t . Address &r 6 isle I)0 I '7o 13 City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the fo,?lowing award: _ ote: If damages for delay are awarded, they shall be separately stated.) 1 ?, n n 1 . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: 1 O O 4C-0 Notice of Entry df kward Now, the day of DCJDJ(pp_r , 2007 , at Q:n , A M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. riv`Itra±?rg' ?vr ?nancatinn to be paid upon aopeal: By: P onotan, Deputy 17h y v r ifend the Constitution of the United discharge the duties of our office Sign?ture r ' EUGENE GOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ABC FUEL OIL COMPANY, NO. 2004-1944 Defendant PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, this 22nd day of October 2007, comes the Plaintiff, EUGENE GOOD, by his attorneys, Irwin & McKnight, and makes the following Answer with New Matter: 1. The averments of fact contained in paragraphs one (1) of the Petition are admitted. 2. The averments of fact contained in paragraph two (2) of the Petition are admitted 3. The averments of fact contained in paragraph three (3) of the Petition are admitted 4. The averments of fact contained in paragraph four (4) of the Petition are admitted 5 The averments of fact contained in paragraph five (5) of the Petition are admitted 6. The averments of fact contained in paragraph six (6) of the Petition are admitted 7. The averments of fact contained in paragraph eleven (11) of the New Matter are conclusions of law to which no answer is required. They are therefore denied. 12. The averments of fact contained in paragraph twelve (12) of the New Matter are conclusions of law to which no answer is required. They are therefore denied. 13. The averments of fact contained in paragraph thirteen (13) of the New Matter are conclusions of law to which no answer is required. They are therefore denied. 14. The averments of fact contained in paragraph fourteen (14) of the New Matter are conclusions of law to which no answer is required. They are therefore denied. WHEREFORE, the Plaintiff, Eugene Good, seeks damages against the Defendants, ABC Fuel Oil Company, for fees of the Arbitration limits of $25,000.00 together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully submitted, By: Date: October 22, 2007 60 West Pom t Stre Carlisle, PennsXyand 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Plaintiff, Eugene Good 2 IRWIN & MCKNIGHT VERIFICATION The foregoing document is based upon information, which has been gathered by counsel and myself in preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. GENE GOOD Date: ©Gy' 2,7- , 2007 EUGENE GOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ABC FUEL OIL COMPANY, NO. 2004-1944 Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy the foregoing document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph M. DeMarco, Esq. March, Hurwitz & DeMarco, P.C. 17 West Third Street P. O. Box 108 Media, PA 19063 By: 60 West Pomfret St`ect/ Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 22, 2007 3 IRWIN & McKNIGHT ? Q ' i- i SA •- yr C;r • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EUGENE GOOD, Plaintiff . NO. 2004 - 01944 V. CIVIL TERM ABC FUEL OIL COMPANY, Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that EUGENE GOOD appeals from the award of the board of arbitrators entered in this case on October 10, 2007. A jury trial is demanded E (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that 1. the compensation of the arbitrators has been A. N Knight, HI, Esq. NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. L U GErJc IC)C C? Plaintiff tIr3C CtEL (D,L ?A PAN Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 200 ' G a q q Lt, Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and States and the Constitution of this Commonwealth and that vc,e w r with fide Signature qgn??e i?rVE C?. ?Ii?CL?r I JEi2r2i? ;. Uj Ei(? E Name (Chairman) Name Law Firm n/0L C Koad. Address Law Firm fj) E Kl toG b t . Address L_y,??eY ae Mlct,??? S w?lar? Law Firm 13 -7 E - RU 61) 4- Address 0Cirr ip P,l1 F)/4 r lo11 5iI (? Pns???? rI'?l bu--?ts(e I9?4 l 7013 City, zip city, zip city, Zip # I WO I (p8g4 # Award o10 4((P We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the fo?lowiing award: Note: If damages for delay are awarded, they shall be separately stated.) _ . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: Date of Award: I O O O NotiEf Now, the )o*k day of OC7bLgr , 200, at Q:& ?.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. ^??;'atOrS' co=cnsatinn to be paid upon aDlleal: S B y: ?. Pr onotary Deput}fend the Constitution of the United discharge the duties of our office t /' ? n-- I J, ignature Name EUGENE GOOD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2004-1944 CIVIL TERM ABC FUEL OIL COMPANY, Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Notice of Appeal from Award of Board of Arbitrators was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Joseph M. DeMarco, Esq. March, Hurwitz & DeMarco, P.C. 17 West Third Street P. O. Box 108 Media, PA 19063 IRWIN & By: Marcus A McKni , III, Esquire 60 West P mfret S Wet Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: November 5, 2007 D l K . ?} 1 pp y .Ab. MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 AARON B. GORODETZER, ESQUIRE ATTORNEY I.D. NO. 203384 17 WEST THIRD ST., P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, NO. 2004-01944 Plaintiff VS. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED DEMAND FOR JURY TRIAL Defendant ABC Fuel Oil Company, by and through their undersigned counsel hereby aver as follows: On October 5, 2007, a compulsory arbitration was held in the above captioned matter. 2. On November 5, 2007, Plaintiff filed a notice of appeal from the award of the Board of Arbitrators, and did not demand a jury trial. 3. Defendant's Answer to Plaintiff's Complaint, contained a written demand for a jury trial. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure 1007. 1, Defendant hereby demands a jury trial in the above captioned matter. MARCH, HURWITZ & DeMARCO, P.C. BY: i&r dv7ow AARON B. GORODETZER, ESQUIRE Attorney for Defendant, ABC Fuel Oil Company MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 AARON B. GORODETZER, ESQUIRE ATTORNEY I.D. NO. 203384 17 WEST THIRD ST., P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD, Plaintiff NO. 2004-01944 VS. JURY TRIAL DEMANDED ABC FUEL OIL COMPANY, Defendant CERTIFICATE OF SERVICE I, AARON B. GORODETZER, ESQUIRE, do hereby certify that on November 9, 2007, I served a true and correct copy of the attached Demand for Jury Trial to the below-named parties via deposit in a sealed envelope into First Class Mail. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 MARCH, HURWITZ & DeMARCO, P.C. BY: Aw &V;6tyj_ AARON B. GORODET R, ESQUIRE Attorney for Defendant, ABC Fuel Oil Company -j w PRAECIPE FOR LISTING CASE FOR TRIM. (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. - --- - - ---------- - ------- - - ---- CAPTION OF CASE (entire caption must be stated in full) (check one) Eugene Good VS. ABC Oil Company VS. (PlaintiM (Defendant) (other) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials No. 01944 2004 Term Indicate the attorney who will try case for the party who files this praecipe: Aaron B. Gorodetzer, Esquire March, Hurwitz & DeMarco, P.C. Indicate trial counsel for other parties if known: Marcus A. Knight, III Esquire This case is ready for trial. Signed: Print)Qame: Aaron B. .o od , .Ga. Date: April 15, 2008 Attorney for: Defendant ABC Oil Company ® Civil Action - Law ? Appeal from arbitration 4 q =' a 714 00 f ^?'] f 00 v w f ' _ MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 AARON B. GORODETZER, ESQUIRE ATTORNEY I.D. NO. 203384 17 WEST THIRD ST., P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD NO. 2004-01944 Plaintiff VS. ABC FUEL OIL COMPANY, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, AARON B. GORODETZER, ESQUIRE, do hereby certify that on April 15, 2008, 1 served a true and correct copy of the attached Praecipe for Listing Case for Trial to the below-named parties via deposit in a sealed envelope into First Class Mail. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 MARCH, HURWITZ & DeMARCO, P.C. BY: BARON B. GORODETZER, ESQE Attorney for Defendant, ABC Fuel Oil Company C) Co - r"..j -'; Tj PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for JURY trial at the next term of civil court. ? for trial without a jury. - - - -- - --------------- - - CAPTION OF CASE (entire caption must be stated in full) Eugene Good N) (check one) -=_ ® Civil Action - La?+ ?? Appeal from arbit pion (other) (Plaintiff) VS. ABC Oil Company The trial list will be called on and Trials commence on (Defendant) Pretrials will be held on vs. (Briefs are due S days before pretrials No. 01944 2004 Term Indicate the attorney who will try case for the party who files this praecine: Office of the Prothonotary ATTN: Deb Cumberland Court of Common Pleas FILL Cumberland County Courthoustc THE PIR,0-? I '; r. One Courthouse Square Carlisle, PA 17013-3387,-„ f", -2 AM 1: 39 1 Tn f-771 .z S?PI PON 02 1P 0004198453 A MAILED FROM ZIF PO E Nfxxe` lot ne 1 bb 04J31C MED RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED 6zl -f9yy AARON B. GORODETZEFT; ESQ. MARCH, HURWITZ & DeMARCO, P.C. 17 W" "Or' "r("T UNABLE TO FORWARD BO: 170133a01J9 `x'0519-Oa404-2C # 1 1,?IIII I IIIII IIII111111111111111111111,,) ,,,111,1„111)1all EUGENE GOOD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW ABC OIL COMPANY, Defendant 04-1944 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 27th day of May, 2008, upon consideration of the call of the civil trial list, and neither counsel having called this case for trial, it is stricken from the trial list. By the Court, ?Marcus A. McKnight, III, Esquire W. Pomfret Professional Building 60 W. Pomfret Street Carlisle, PA 17013 For Plaintiff ?Aaron B. Gorodetzer, Esquire 2 North High Street P.O. Box 2748 West Chester, PA 19380 For Defendant Court Administrator :mae do t'ES .•ri c(£cl? s/a4/o8 r f jj PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ® for RMY trial at the next term of civil court. ? for trial without a jury. CAPTION OF CASE (endlre caption must be stated ixfug) EUGENE GOOD (PlaintiM VS. ABC OIL COMPANY (Defendant) VS. (check one) ? Civil Action - Law. ® Appeal from arbitration (other) The trial list will be called on AUG 19 , 2008 and= at 9:30 AM in Courtroom 1 Trials commence on Sept. 15, 2008 Pretrials will be held on Aug 27, 2008 (Briefs are due S days before pretrials No. 01944 2004Term indicate the attorney who will try case for the party who files this praecipe: Aaron B. Gorodetzer, Esquire Mar h.. u„rwir7 C. neMarco, PC Indicate trial counsel for other parties if known: Marcus A. Knight, III, Esquire This case is ready for trial. Signed: 0"I-UYWIW? Print ame: Aaron B. Gorodetzer, Esq Date: June 10, 2008 Attorney for: Defendant ? f C °c? r.T' '_ m ? y ,_ . ?_* ?=' ?? r ?''t`! MARCH, HURWITZ & DeMARCO, P.C. BY: JOSEPH M. DeMARCO, ESQUIRE ATTORNEY I.D. NO. 44061 AARON B. GORODETZER, ESQUIRE ATTORNEY I.D. NO. 203384 17 WEST THIRD ST., P.O. BOX 108 MEDIA, PENNSYLVANIA 19063 (610) 565-3950 IN 1 H1~; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW EUGENE GOOD Plaintiff VS. NO. 2004-01944 JURY TRIAL DEMANDED ABC FUEL OIL COMPANY, ; Defendant CERTIFICATE OF SERVICE I, AARON B. GORODETZER, ESQUIRE, do hereby certify that on June 10, 2008, I served a true and correct copy of the attached Praecipe for Listing Case for Trial to the below-named parties via deposit in a sealed envelope into First Class Mail. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013-3243 MARCH, HURWITZ & DeMARCO, P.C. BY: AARON B. GORODETZER QUIRE Attorney for Defendant, ABC Fuel Oil Company 4 CA ?/1 1 fir!; i A EUGENE GOOD, Plaintiff v ABC OIL COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-1944 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 19th day of August, 2008, upon consideration of the call of the civil trial list, and no person having called the above-captioned case for trial, it is stricken from the trial list. By the Court, N,Y?rcus A. McKnight, III, Esquire W Pomfret Professional Building 60 W. Pomfret Street Carlisle, PA 17013-3222 For Plaintiff Xaron B. Gorodetzer, Esquire 2 North High Street P.O. Box 2748 West Chester, PA 19380 For Defendant Court Administrator :mae CC) _ e 4 ? cv w. _ 1 • EUGENE GOOD, Plaintiff V. ABC FUEL OIL COMPANY, Defendant PRAECIPE TO SETTLE AND DISCONTINUE To Curtis R. Long, Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004-1944 Please mark the above-captioned case settled and discontinued. Respectfully submitted, IRWIN & M IGHT ??_ By: Marcu A. 60 We Po Carlisle, Pe (717) 249-2353 Esquire Street 3 Date: August 26, 2008 EUGENE GOOD, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ABC FUEL OIL COMPANY, NO. 2004-1944 Defendant CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Settle and Discontinue was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: AARON B. GORODETZER, ESQUIRE MARCH, HURWITZ & DeMARCO, P.C. 17 WEST THIRD STREET P. O. BOX 108 MEDIA, PA 19063 IRWIN & cKNIG T -?' (?j T By: Mar s A. cKnight I, Esquire 60 est Po fret Street Carl le, PA 013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: Augsut 26, 2008 c` ?`? w? _ ?;; ?'?; ? ;?? ? =? ?__ ?'+ ; ' ? ? . . , _r _?.> • • ?,-?; ?; .?: