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HomeMy WebLinkAbout09-85111G. LEE SOLIDER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 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 r NO. 2009- &P-j : CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICF, You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. By: Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. G. LEE SOUDER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- G -'3" / / 6:c,,-Ci Te E,, ; 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 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiff G. Lee Souder, by his attorneys, Snelbaker & Brenneman, P. C., submits this Complaint and in support thereof, states the following: Background 1. Plaintiff G. Lee Souder is an adult individual residing at 250 North Locust: Point Road, Mechanicsburg, Pennsylvania. 2. Defendant PA Public Works Equipment Company, LLC is a Pennsylvania limited liability company with its principal place of business at 1124 McLaughlin Run Road, Bridgeville, Allegheny County, Pennsylvania 15017. 3. Defendant PA Public Works Equipment Co. is a Pennsylvania business corporation having a registered office address of 2 Taylor Boulevard, New Kingstown, Pennsylvania 17072. 4. Defendant Kenneth R. Moyer, Jr. is an adult individual with an address of 402 Reservoir Drive, Mechanicsburg, Pennsylvania 17055, who also trades and does business under LAW OFFICES SNELBAKER & BRENNEMAN, P.C. the fictitious name PA. Public Works Equipment Co. Defendant Kenneth K. Moyer, Jr. also was and is an officer and/or shareholder of Defendant PA Public Works Equipment Co. 5. Defendant Paul W. Gettel is an adult individual residing at 1107 Enola Road, Carlisle, Pennsylvania. Paul W. Gettel also trades and does business under the fictitious name Cars by Gettel and is an officer and/or shareholder of Defendant Cars by Gettel, Inc. 6. Defendant Cars by Gettel, Inc. is a Pennsylvania business corporation with its principal place of business located at 480 Cornman Road, Carlisle, Pennsylvania 17013. 7. Plaintiff is the owner of a certain tract or parcel of land consisting of approximately (8) acres, commonly known as Rear 238 North Locust Point Road, Mechanicsburg, Silver ISpring Township, Cumberland County, Pennsylvania (hereinafter the "Property"), having uired the Property by Deed recorded February 13, 1984 in the Office of the Recorder of Is in and for Cumberland County, Pennsylvania in Deed Book "O", Volume 30, Page 210. 8. Prior to December 29, 2007, Plaintiffs Property was improved, inter alia, with a ing consisting of 12,000 square feet which contained both office space and areas for the ge and service of equipment and vehicles (hereinafter the "Building"). 9. Beginning in 2005, Plaintiff leased the Building to Paul W. Gettel ("Gettel") and/or by Gettel, Inc. 10. Paul W. Gettel and/or Cars by Gettel, Inc. purchased and had installed outside of the an outdoor wood-fired furnace/boiler (the "Stove") 11. At the time the Stove was installed by Gettel and/or Cars by Gettel, Inc., the Building equipped with an operational propane-fueled heating system. 12. The installation of the Stove outside of the Building was done without the prior LAW OFFICES SNELBAKER & BRENNEMAN, P.C. consent or agreement of Plaintiff. 2 13. Gettel and/or Cars by Gettel, Inc. moved the Stove from outside of the Building and installed it inside the Building. 14. Plaintiff told Gettel to remove the Stove from the Building and indicated a location on a concrete slab outside for its placement. Gettel and/or Cars by Gettel, Inc. failed and/or refused to remove the Stove from the Building. 15. In September, 2007, Plaintiff leased the Building previously occupied by Gettel and/or Cars by Gettel, Inc. to PA Public Works Equipment Co. and/or Kenneth R. Moyer, Jr., doing business as PA. Public Works Equipment Co. 16. Based upon information and belief, Defendant PA Public Works Equipment Company, LLC, as an assignee, subleasee, lessee or otherwise, leased and/or occupied the Building on and prior to December 29, 2007 and operated a local office from the Property and Building. 17. Defendant Kenneth R. Moyer, Jr. and/or PA Public Works Equipment Co. purchased the Stove from Gettel and/or Cars by Gettel, Inc. 18. Plaintiff told Kenneth R. Moyer, Jr. to remove the Stove from the Building. Kenneth R. Moyer, Jr., PA Public Works Equipment Co. and/or PA Public Works Equipment Company, LLC failed or refused to remove the stove from the Building, although Kenneth R. Moyer, Jr. stated that the Stove would be removed. 19. On or about December 29, 2007, the Building was entirely destroyed by fire. 20. The fire that occurred on or about December 29, 2007 originated by or from the I operation of the Stove in the Building. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 3 COUNTI Plaintiff G. Lee Souder V. Defendants Paul W. Gettel and Cars by Gettel, Inc. 21. The averments of Paragraphs 1 through 20, above, are incorporated by reference herein in their entirety. 22. Defendants Paul W. Gettel individually and trading and doing business as Cars by Gettel and Cars by Gettel, Inc. were careless, reckless and negligent in the following respects: a. by utilizing the Stove without the consent or permission of Plaintiff; b. by maintaining, installing and operating the Stove inside of the Building; c. by installing and utilizing the Stove in a manner for which it was neither designed nor intended to be utilized; d. by failing or refusing to remove the Stove from the Building when told to do so; e. by modifying the Stove for use inside of the Building; and f. by installing and operating the Stove contrary to applicable building, fire and/or mechanical codes. 23. As a direct, proximate and factual result of the negligence, carelessness and recklessness of Defendants Gettel and Cars by Gettel, Inc., Plaintiffs Building was entirely destroyed by fire resulting in Plaintiff sustaining the loss of the value of the Building as well as fire clean-up costs. WHEREFORE, Plaintiff demands judgment against Defendants Gettel individually and trading and doing business as Cars by Gettel and Cars by Gettel, Inc., jointly and/or severally, in an amount in excess of $50,000.00. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 COUNT II Plaintiff G. Lee Souder V. Defendants PA Public Works Equipment Company, LLC, PA Public Works Equipment Co. and Kenneth R. Moyer, Jr. individually and trading and doing business PA. Public Works Equipment Co. 24. The averments of Paragraphs 1 through 20, above, are incorporated by reference herein in their entirety. 25. Defendants PA Public Works Equipment Company, LLC, PA Public Works Equipment Co. and Kenneth R. Moyer, Jr., individually and trading and doing business as PA. Public Works Equipment Co. were careless, reckless and negligent in the following respects. a. by utilizing the Stove without the consent or permission of Plaintiff; b. by maintaining, installing and operating the Stove inside of the Building; c. by utilizing the Stove in a manner for which it was neither designed nor intended to be utilized; d. by failing or refusing to remove the Stove from the Building when told to do so; e. by modifying the Stove for use inside of the Building; f. by installing and operating the Stove contrary to applicable building, fire and/or mechanical codes; g. by failing to monitor the use of the Stove; h. by failing to clean and maintain the Stove and its appurtenant chimney; and i. by utilizing the Stove for and/or allowing the burning of material other than wood. 26. As a direct, proximate and factual result of the negligence, carelessness and LAW OFFICES SNELBAKER & BRENNEMAN, P.C. recklessness of Defendants PA Public Works Equipment Company, LLC, PA Public Works 5 Equipment Co. and Kenneth R. Moyer, Jr., individually and trading and doing business as PA. Public Works Equipment Co., Plaintiffs Building was entirely destroyed by fire resulting in Plaintiff sustaining the loss of the value of his Building as well as fire clean-up costs. WHEREFORE, Plaintiff demands judgment against Defendants PA Public Works Equipment Company, LLC, PA Public Works Equipment Co. and Kenneth R. Moyer, Jr., individually and trading and doing business as PA. Public Works Equipment Co., jointly and/or severally, in an amount in excess of $50,000.00. The damages claimed in this Complaint exceed the limit established for mandatory arbitration in Cumberland County. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By: Date: (1tl**At % Lou' 18"1'-, Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff G. Lee Souder 6 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand .-hat false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: '7 Z'V© 1 G. Lee Souder LAW OFFICES SNELBAKER & BRENNEMAN, P.C. FILLED 2009 DFC -9 A?_ 11: S 7 ? i.4 3a21110 lel? , 4 460 o? y 7f r, AX: Johnson, Duffle, Stewart 8~ Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com G. LEE SOLIDER, v. Attorneys for Defendants 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 2009-8511 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 Plaintiff CIVIL ACTION -LAW JURY TRIAL DEMANDED PRAEC/PE FOR ENTRY OF APPEARANCE To the Prothonotary of Cumberland County: n ~ cv _ ~, -: a ~ ~r;~~ ~ _~ I'T ~- ~-- _ ~, - rrt 'r1l_, C3'~ _ 1 1 . -~ ~;; _ - , ~: ~=~ r= ' t l') - rri 1 i a • • ~~ ~ ~~: Kindly enter my appearance on behalf of Defendants, PA Public Works Equipment Company, LLC, PA Public Works Equipment Co., and Kenneth R. Moyer, Jr., individually in the above-captioned action. Respectfully submitted, 389839 Jo n, Duffle, Stewart & eidner e y ettig, Esqui A e . D. No. 19616 30 arket Street Lemoyne, Pennsylvania 17043 717.761.4540 Attorney for Defendants PA Public Works Equipment Company, LLC, PA Public Works Equipment Co., and Kenneth R. Moyer, Jr. CERTIFICATE OF SERVICE AND NOW, this _~~iday of January, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Entry of Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Counse{ for Plain>`iff Paul W. Gettel 1107 Enola Road Carlisle, PA 17013 Cars by Gettel, Inc. 480 Cornman Road Carlisle, PA 17013 JO~SON, DUFFIE, ~TEWART & WEIDNER B. Rettig 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 G. LEE SOLIDER ATTORNEY FOR DEFENDANTS, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. 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. JURY TRIAL DEMANDED NO. 2009-8511 ENTRY OF APPEARANCE/DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: t-, *" c- `~ _ ~ ; ' C_.. ~~;-, ' rU -.. -_, cfi ._ _ rv '~ --~ ~:-; -~'~ -. , , ;r, -< Kindly enter my appearance and demand a jury trial of twelve (12) on behalf of Defendants, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC., in the above matter. Dated: I I a~ I 1~ POST &SCHELL, P.C. JOSEPH . MCNUL , JR., ESQUIRE Att ' eys for Defend nts, P UL W GE ,individually and trading a d doing business as CARS BY GETT and CARS BY GETTEL, INC. CERTIFICATE OF SERVICE I, JOSEPH F. McNULTY, JR., ESQUIRE, attorney for Defendant, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC, hereby certifies that a true and correct copy of the foregoing ENTRY OF APPEARANCE/DEMAND FOR JURY TRIAL was served by United States First Class mail, postage prepaid, on this ~_ day of January, 2010 to the following persons: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Kenneth R. Moyer, Jr. 402 Reservoir Drive Mechanicsburg, PA 17055 PA Public Works Equipment Co. 2 Taylor Boulevard New Kingstown, PA 17072 PA Public Works Equipment Company, LLC 1124 McLaughlin Run Road Bridgeville, PA 15017 POST & SCHELL, P.C. I ~ By: Dated: ~ I Z 6 ~ JOSEP F. M ULTY, JR., ES UIRE Q Atto ys for Defendants, PA W. GETTEL, individually and ading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC 2 Johnson, Duffle, Stewart 8~ Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants 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 SOLIDER, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 2009-8511 CIVIL ACTION -LAW JURY TRIAL DEMANDEDn - .. a AZT r!` m Q .-, ~ `-' ;~ -n r ...~ G) NOTICE TO PLEAD TO: Plaintiff c/o Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Paul W. Gettel, Cars by Gettel, Inc. c/o Joseph F. McNulty, Jr., Esquire 1245 South Cedar Crest Blvd. Allentown, PA 18103 You are hereby notified to file a written response to the enclosed Defendant's Answer to Plaintiffs' Complaint with New Matter within twenty days (20) from service hereof or a judgment may be entered against you. Respectfully submitted, Johnson, Duffi~„ Stewart 8~leidner By: e r B/ ettig, Esqu}r~/ o y D. No, 1961 3 rket Street, P. O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant PA Public Works Equipment Company, LLC Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants PA Public Works Equipment Company, LLC, PA Public Works Equipment Co., Kenneth R. Moyer, Jr., G. LEE SOLIDER, 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 end CARS BY GETTEL, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 2009-8511 CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT PA PUBLIC WORKS EQUIPMENT COMPANY LLC TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND CROSS CLAIMS AND NOW comes the Defendant, PA Public Works Equipment Company, LLC, by its attorneys, Johnson, Duffie, Stewart and Weidner, and answers Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff is who he says he is. 2. Admitted. 3. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 4. It is admitted that Kenneth Moyer is an adult individual with an address as alleged. Answering Defendant is without knowledge or information regarding his alleged involvement with PA Public Works Equipment Co. 5-9. On information and belief, admitted. 10-14. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 15. It is admitted only that effective September 2007, Plaintiff leased the building to PA Public Works Equipment Company, LLC. 16. The answer to paragraph 15 above is included herein by reference thereto. 17. Denied as stated. It is admitted only that the stove was purchased by PA Public Works Equipment Company., LLC. 18. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 19. Denied as stated. It is admitted that the building suffered damages as a result of a fire on or about December 29, 2007. 20. Denied. After a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. COUNT I 21-23. These allegations are not addressed to Answering Defendant and thus no reply is required. COUNT II Plaintiff v PA Public Works 24. The answers to paragraphs 1 through 20 above are incorporated herein by reference thereto. 25. .Denied pursuant to Pa.R.C.P. 1029. 26. The allegations of negligence and responsibility are denied as conclusions of law. As to the balance of the allegations of these paragraphs, after a reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. WHEREFORE, Answering Defendant requests that Count II of Plaintiff's Complaint be dismissed without cost to it. NEW MATTER ADDRESSED TO PLAINITFF 27. Throughout the term of the Lease Agreement with the Plaintiff for the Building, Plaintiff maintained an office at that building. 28. At no time during the time the building was leased to PA Public did Plaintiff ever demand, request or insist that the stove be moved to the outside of the building. 29. Based on information and belief, Plaintiff, as landlord, allowed Gettel to move the stove inside the building. 30. Based on information and belief, at no time did Plaintiff insist that Gettel remove the stove from the inside of the building. 31. Plaintiff's claims are or may be barred to the Comparative Negligence Act. 32. Plaintiff's claims are or may be barred by the statute of limitations. 33. If Plaintiff's building was damaged as alleged, then said damages were due to Plaintiff's own conduct or the conduct of others and for which Answering Defendant is not responsible. WHEREFORE, Answering Defendant requests that Plaintiff's Complaint be dismissed without cost to them. CROSS CLAIM 34. Without admitting the truth thereof, the allegations of paragraphs 1 through 26 are incorporated herein by reference thereto. WHEREFORE, if Answering Defendant is held liable to Plaintiff, which liability is expressly denied, then Co-Defendants Paul W. Gettel and Cars by Gettel, Inc. are liable over to Answering Defendant, solely liable to Plaintiff or liable to Answering Defendant for contribution and/or indemnification. Respectfully submitted, J uffie ewart Weidner .Rettig, Esq orney I.D. No. 19 301 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney for Defendants PA Public Works Equipment Company, LLC, PA Public Works Equipment Co., and Kenneth R. Moyer, Jr. 390808 VERIFICATION I, Chester Amick hereby acknowledge that PA Public Works Equipment Co., LLC is a Defendant in this action and that I am authorized to make this verification on its behalf; that I have read the foregoing Answer to Plaintiff's Complaint with New Matter and Cross Claims; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. PA PUBLIC WORKS EQUIPMENT CO., LLC By: Chester Amick DATE: ~~~`/a RECEIVED FEB 12 2010 JpHNSON DUFFIE CERTIFICATE OF SERVICE AND NOW, this .~ day of February, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer of Defendant PA Public Works Equipment Co., LLC to New Matter and Cross Claim upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Counsel for Plaintiff Joseph F. McNulty, Jr., Esquire Post & Schell, P.C. 1245 South Cedar Crest Blvd. Allentown, PA 18103 Counsel for Defendants Paul W. Gettel, i/d/b/a Cars by Gettel, Inc. a/k/a Cars by Gettel, Gettel Enterprises, Inc. DUFFIE,~$TEWART & WEIDNER B. Johnson, Duffie, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com G. LEE SOLIDER, v. Attorneys for Defendants PA Public Works Equipment Company, LLC, PA Public Works Equipment Co., Kenneth R. Moyer, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff NO. 2009-8511 PA PUBLIC WORKS EQUIPMENT CIVIL ACTION -LAW COMPANY, LLC, PA PUBLIC WORKS ~ ~ ~_~ KENNETH R. EQUIPMENT CO. JURY TRIAL DEMAND~,I ~ , MOYER, JR., individually and trading `y'' c '`'~~-n and doing business as PA PUBLIC ~~~~ ~ ' ~ ' ~, ;-~~?~ WORKS EQUIPMENT CO., PAUL W. ~ - GETTEL, individually and trading and ~~ ~`~ -; ~ ' T' .{~, doing business as CARS BY GETTEL `; ~~= ` :- =u~~, and CARS BY GETTEL, INC., _ ~~ ' ~' ~-°' -r~ :.~ Defendants ~„ NOTICE TO PLEAD TO: Plaintiff c/o Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Paul W. Gettel, Cars by Gettel, Inc. c/o Joseph F. McNulty, Jr., Esquire 1245 South Cedar Crest Blvd. Allentown, PA 18103 You are hereby notified to file a written response to the enclosed Defendant's Answer to Plaintiffs' Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Johnson, J r . ~ et i ,Esquire t n I. , 19616 301 a S reet, P. O. Box 109 Lemoyne, PA 17043-0109 Attorney for Def Kenneth R. Moyer, Jr. Johnson, Duffle, Stewart & Weidner By: Jeffrey B. Rettig I.D. No. 19616 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 jbr@jdsw.com Attorneys for Defendants PA Public Works Equipment Company, LLC, PA Public Works Equipment Co., Kenneth R. Moyer, Jr. G. LEE SOLIDER, 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 2009-8511 CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER OF KENNETH R. MOYER, JR. TO PLAINTIFF'S COMPLAINT W/TH NEW MATTER AND CROSS CLAIMS AND NOW comes the Defendant, Kenneth R. Moyer, Jr., by his attorneys, Johnson, Duffle, Stewart and Weidner, and answers Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff is who he says he is. As to the balance of the allegations of this paragraph, after a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 2. Admitted. 3. Denied. This entity is a fictitious name which has not been in operation since 2003. 4. It is admitted that Kenneth Moyer is an adult individual with an address as alleged. It is denied that he trades or does business under the fictitious name PA Public Works Equipment Co. 5-9. On information and belief, these allegations are admitted. 10-14. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. 15. Denied as stated. It is denied that Kenneth R. Moyer, Jr. was doing business as PA Public Works Equipment Co. The lease was with PA Public Works Equipment Company, LLC. 16. It is admitted that Defendant PA Public Works Equipment Company, LLC leased and utilized the property as of September 2007. 17. Denied as stated. It is admitted that PA Public Works Equipment Company, LLC purchased the Stove. 18. Denied. It is denied that Plaintiff told Kenneth R. Moyer, Jr. to remove the stove from the building. It is further denied that Answering Defendant failed or refused to remove the stove from the building. It is admitted that Kenneth Moyer advised Plaintiff that he intended to remove the stove once some changes were made to the building to allow him to do so. 19. Denied as stated. It is admitted that a fire occurred in the building on or about December 29, 2007 causing damage to the building. 20. Denied. After a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and proof thereof is demanded. COUNT I Souder v Gettel 21-23. These allegations are not addressed to Answering Defendant and thus no reply is required. COUNT II Plaintiff v PA Public Works. et al. 24. The answers to paragraphs 1 through 20 above are incorporated herein by reference thereto. 25. Denied pursuant to Pa.R.C.P. 1029. 26. The allegations of negligence and responsibility are denied as conclusions of law. As to Plaintiff's damages, after a reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment. WHEREFORE, Defendant Kenneth R. Moyer, Jr., individually, requests that Plaintiff's Complaint be dismissed without cost to him. NEW MATTER ADDRESSED TO PLAINTIFF 27. Throughout the term of the Lease Agreement with the Plaintiff for the Building, Plaintiff maintained an office at that building. 28. At no time during the time the building was leased to PA Public Works Equipment Company, LLC did Plaintiff ever demand, request or insist that the stove be moved to the outside of the building. 29. Based on information and belief, Plaintiff, as landlord, allowed Gettel to move the stove inside the building. 30. Based on information and belief, at no time did Plaintiff insist that Gettel remove the stove from the inside of the building. 31. Plaintiff's claims are or may be barred by the Comparative Negligence Act. 32. Plaintiff's claims are or may be barred by the statute of limitations. 33. If Plaintiff's building was damaged as alleged, then said damages were due to Plaintiff's own conduct or the conduct of others for which Answering Defendant is not responsible. WHEREFORE, Answering Defendant requests that Plaintiff's Complaint be dismissed without cost to him. CROSS CLAIM AGAINST PAUL W. GETTEL and CARS By GETTEL, INC. 34. Without admitting the truth thereof, the allegations of paragraphs 22 and 23 are incorporated herein by reference thereto. WHEREFORE, if Defendant is held liable to Plaintiff, which liability is expressly denied, then Co-Defendant Paul W. Gettel and Cars by Gettel, Inc. are liable over to Answering Defendant, solely liable to Plaintiff or liable to Answering Defendant for contribution and/or indemnification. Respectfully submitted, & Weidner Je ey B. Rettig, EsgGi~e At rney I.D. No. 196 1 Market Street Lemoyne, Pennsylvania 17043 717-761-4540 Attorney for Defendants PA Public Works Equipment Company, LLC, PA Public Works Equipment Co., and Kenneth R. Moyer, Jr. 390792 VERIFICATION I, Kenneth R. Moyer, Jr., hereby acknowledge that I have read the foregoing Answer to Plaintiffs' Complaint with New Matter and Cross Claim; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. By: Kenneth R. Moyer r. DATE: ~ / ~® RECEIVED FEB 1 ? 2010 JOHNSON DUFFlE CERTIFICATE OF SERVICE AND NOW, this ~ day of February, 2010, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer of Defendant Kenneth R. Moyer, Jr., to Plaintiff's Complaint with New Matter and Cross Claim upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Counsel for Plaintiff Joseph F. McNulty, Jr., Esquire Post & Schell, P.C. 1245 South Cedar Crest Blvd. Allentown, PA 18103 Counsel for Defendants Paul W. Gettel, i/d/b/a Cars by Gene/, Inc. a/k/a Cars by Gettel, Gettel Enterprises, .Inc. JOHNSON, DUFFIE, STEWART & WEIDNER -, Je rey B. Rettig 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 G. LEE SOLIDER Plaintiff, vs. 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. ATTORNEY FOR DEFENDANTS, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 2009-8511 n a "'L3 E:X: ~' ,; ~'~ `~' ~ ~_. r- ~ ~. ~:; _.. t c~:. ro ':r C ~ 3 ~' C ~ W rr, c~ REPLY OF DEFENDANTS, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC. TO THE CROSS CLAIM OF PA PUBLIC WORKS 34. Answering Defendant incorporates by reference its Answer and New Matter as though fully set forth at length. To the extent defendant alleges that Answering Defendant is r ~~ . liable to anyone under any theory, it is denied. WHEREFORE, Defendants demand judgment in their favor. POST & SCHELL, P.C. Dated: By: ~OSEP F. MCNULTY, JR., ESQUIRE Attorney for Defendants, PAUL W. GETTEL, individually and trading an doing business as CARS BY GETTEL d CARS BY GETTEL, INC. 2 CERTIFICATE OF SERVICE I, JOSEPH F. McNULTY, JR., ESQUIRE, attorney for Defendant, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC, hereby certifies that a true and correct copy of defendant, David PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC.'s, Reply to defendant, PA Public Works', New Matter Cross Claim was served by United States First Class mail, postage prepaid, on this 25th day of February, 2010 to the following persons: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 POST & SCHELL, P.C. gy. ~. _ ~i Dated: JOS H F. CNULTY, JR., ESQUIRE orneys or Defendants, AUL .GETTEL, individually and tradin and doing business as CARS BY G EL and CARS BY GETTEL, 1NC 3 ~ ~ w VERIFICATION JOSEPH F. McNULTY, ESQUIRE verifies that he is the attorney for Defendants, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC., in the within action and verifies that the statements made in Defendant, David PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC.'s, Reply to Defendant, PA Public Works', New Matter Cross Claim are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this Verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. POST & SCHELL, P.C. BY: JOS H F. McN LTY, ESQUIRE At rney for De endants, P UL W. G TEL, individually and tr ing a doing business as CARS BY GETTEL and CARS BY GETTEL, INC 4 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 G. LEE SOUDER ATTORNEY FOR DEFENDANTS, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. 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., JURY TRIAL DEMANDED NO. 2009-8511 ti "'~' c~ -_ 0 s ~ ., . ~_'~__' ~ .f~ .r cn ~:--, jb •^• "~.l ~~ w 0 w Defendants. rn ~~ O`er' REPLY OF DEFENDANTS, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC. TO THE CROSS CLAIM OF KENNETH R. MOYER, JR. 34. Answering Defendant incorporates by reference its Answer and New Matter as though fully set forth at length. To the extent Defendant alleges that Answering Defendant is liable to anyone under any theory, it is denied. WHEREFORE, Defendants demand judgment in their favor. POST & SCHELL, P.C. Dated: By: JOSEP F. MCNi7L`~Y, JR., ESQUIRE Attorne for Defendants, PAUL GETTEL, individually and trading an doing business as CARS BY GETTEL d CARS BY GETTEL, INC. 2 CERTIFICATE OF SERVICE I, JOSEPH F. McNULTY, JR., ESQUIRE, attorney for Defendant, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC, hereby certifies that a true and correct copy of Defendant, David PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC.'s, Reply to defendant, Kenneth R. Moyer, Jr.'s, New Matter Cross Claim was served by United States First Class mail, postage prepaid, on this 25th day of February, 2010 to the following person: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 POST & SCHELL, P.C. Dated: By: JOSF~ F. M~CNULTY, JR., ESQUIRE P UL W~ETTEL, individually and tra ' and doing business as CARS BY GETTEL and CARS BY GETTEL, 1NC 3 VERIFICATION JOSEPH F. McNULTY, ESQUIRE verifies that he is the attorney for Defendants, PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC., in the within action and verifies that the statements made in Defendant, David PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC.'s, Reply to Defendant, Kenneth R. Moyer, Jr.'s, New Matter Cross Claim are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this Verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. POST & SCHELL, P.C. BY: JOSEPH . McNULTY, ESQUIRE Attorne for Defendants, PA W. GETTEL, individually and tr ding and doing business as CARS BY GETTEL and CARS BY GETTEL, INC 4 i, ~ ,< D9 ~~/ r tip ~u~ ~ 200 POST & SCHELL, P.C. BY: JOSEPH F. MCNU] E-MAIL: jmcnulty@pos~ I.D. # 35385 1245 SOUTH CEDAR C ALLENTOWN, PA 181 610-433-0193 PENN NATIONAL Subrogee of Hempt PA PUBLIC WORKS E~ COMPANY, LLC; PA P EQUIPMENT CO.; KEr JR. i/t/d/b/a PA PUBLIC EQUIPMENT CO.; G. L MARIAN SOUDER; anc i/t/d/b/a CARS BY GET'. CARS BY GETTEL, Attorneys for Defendants TY, JR., ESQUIRE Paul W. Gettel, i/t/d/b/a Cars by Gettel, Inc., ~chell.com A/k/a Cars by Gettel, Gettel Enterprises, Inc. T BLVD ixANC:~, as ers, Inc., Plaintiff, vs. TBLIC WORKS METH R. MOYER, JVORKS ;E SOUDER and PAUL W. GETTEL, EL, INC., alk/a Defendants. ERIE INSURANCE GR UP, as Subrogee of PA PUBLIC WORKS E UIPMENT CO. PA PUBLIC WORKS E UIPMENT COMPANY, LLC and NNETH MOYER, Plaintiffs, vs. GETTEL ENTERPRISE ,INC. and NORTHLAND DISTRIB TING & MANUFACTURING,IIV ., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4880-CIVIL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-5623 CIVIL 7 G. LEE SOLIDER Plaintiff, vs. PA PUBLIC WORKS EQ IPMENT COMPANY, LLC; PA PUBLIC WORK EQUIlMENT CO.; KENNETH R. MOYER, ., individually and trading and doing business s PA PUBLIC WORKS EQUIPMENT C .; PAUL W. GETTEL, individually and trading an doing business as CARS BY GETTEL and ARS BY GETTEL, INC., Defendants. ERIE INSURANCE GR UP a/s/o PA PUBLIC WORKS EQU MENT CO.; PA PUBLIC WORKS EQUI MENT COMPANY, LLC; KE ETH MOYER; JILL E. MOYER; CINC ATI INSURANCE CO., (a/s/ JAMES ZIMMERMAN), TRAY LERS INSURANCE COMP (a/s/o EAST LAMPETER TWSP); an ST. PAUL MERCYRY INSURAN E CO. (a/s/o NEW CUMBERLAND BORO GH), Plaintiffs, vs. GETTEL ENTERPRISE ,INC.; NORTHLAND DISTRI UTING & MANUFACTURING, C.; PAUL W. GETTEL i/t/d/b/a CARS Y GETTEL, INC.; G. LEE SOLIDER and M N SOLIDER, 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 ~ husband and wife; NOR DISTRIBUTING & FU] GETTEL ENTERPRISE W. GETTEL, Individual as Cars by Gettel, Inc., Plaintiff, SOUDER, DACE, INC.; INC.; and PAUL and doing business Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED NO. 09-8862 ORDER .{ AND NO ,this _~~rj ~ 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 AND DECREED that discovery, arbitration Hempt, Brothers Inc., vs The following Cars by Gettel, and Gettel Enterprises, Inc., it is hereby ORDERED above captioned matters are consolidated for the purposes of trial and will proceed under Perm National Insurance as Subrogee of 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 ~ ' i '-, - ~r : - - c_ .. ~ ~ _ _ e r~ _ ~.... _ _ ~ ~ '- C; 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. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : JURY TRIAL DEMANDED NO. 2009-8511 CIVIL V 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. ETTEL ENTERPRISES, INC.; ORTHLAND DISTRIBUTING & [ANUFACTURING, INC.; PAUL W. ETTEL, i/t/d/b/a CARS BY GETTEL, INC., LEE SOLIDER and MARIAN SOUDER. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8855 CIVIL LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ENN NATIONAL INSURANCE, as Subrogee IN THE COURT OF COMMON PLEAS OF f 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. -0 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED NO. 09-8862 CIVIL ORDER AV, AND NOW, this 111, day of January, 2012 in consideration of the Motion to Strike PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, Plaintiff V. . LEE SOUDER and MARIAN SOUDER, zsband and wife, NORTHLAND ISTRIBUTING & FURNACE, INC., ETTEL ENTERPRISES, INC.and PAUL W ETTEL, individually and doing asiness as CARS BY GETTEL, INC., Defendants ase From the February 2012 Civil Trial list and the concurrence of all counsel in that Motion, it his hereby ORDERED that cases consolidated for trial under No. 08-4880 are hereby stricken the February 2012 Civil Trial list. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Le64? t. grenoe KaH ?f- Y C.4--15?vp4e, 1, be( cam, 1-?*. V ma /? /3o,-,-, l f; Lie.X r1e,rh, 5?epken 6reeeXer,Tr- i?L' BY THE COURT: c? c C= _. -<3P- N G sy c ?; CD f I G. LEE SOUDER, 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., PAUL W. GETTEL, INDIVIDUALLY AND TRADING AND DOING BUSINESS AS CARS BY GETTEL, AND CARS BY GETTEL, INC., 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 SOLIDER, AND MARIAN SOUDER DEFENDANTS PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, PLAINTIFF V. G. LEE SOUDER AND MARIAN SOUDER HUSBAND AND WIFE, NORTHLAND DISTRIBUTING & FURNACE, INC., GETTEL ENTERPRISES, INC. AND PAUL W. GETTEL, INDIVIDUALLY AND DOING BUSINESS AS CARS BY GETTEL, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8511 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 NO. 09-8862 CIVIL INRE: CASE MANAGEMENT ORDER OF COURT AND NOW, this 24th day of April, 2012, after a status conference with counsel regarding trial of the above captioned matter; IT IS HEREBY ORDERED AND DIRECTED that: 1. All discovery in this matter shall be completed on or before August 31, 2012. 2. Expert reports related to liability of another party shall be filed on or before September 28, 2012. Expert reports responding to the expert reports filed on September 28, 2012, shall be filed on or before October 31, 2012. 3. Any dispositive motions, if applicable, shall be filed on or before November 30, 2012. These motions will be set down for argument on or before December 3, 2012. Argument on the motions will be held during the December 21, 2012 Argument Court. 4. Any Motions in Limine shall be filed on or before January 25, 2013. 5. The Plaintiff shall call this case for trial during the call of the civil trial list scheduled for January 29, 2013. 6. Pre-trial Conference for this case will be held on February 13, 2013. 7. Trial in the matter will be held beginning February 25, 2013. ? Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 By the Court, % . C= M. L. Ebert, Jr., J r° rrl -<> Cn o moo; Mop (D-„ ? Mark F. McKenna, Esquire 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 ?Christopher P. Deegan, Esquire Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Martin P. Duffey, Esquire 1900 Market Street Philadelphia, PA 19103 Stephen M. Greecher, Jr., Esquire 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 ? Jeffrey B. Rettig, Esquire P. O. Box 109 Lemoyne, PA 17043 i? Matthew Mobilio, Esquire 1245 South Cedar Crest Blvd., S 300 Allentown, PA 18103 bas (OP; es /K a 1-ed ??a //?