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Home My WebLink About09-8855L-A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 COMPANY, (a/s/o East Lampeter Twp.), AND ST. PAUL MERCURY INSURANCE CO., (a/s/o New Cumberland Borough) 100 Erie Insurance Place Erie, PA 16530 vs. Case No. Civil Term GETTEL ENTERPRISES, INC. Civil Action 1107 Enola Road Carlisle, PA 17013 and NORTHLAND DISTRIBUTING & MANUFACTURING, INC. 2716 Crescent Drive International Falls, MN 56649 and PAUL W. GETTEL i/t/d/b/a Cars by Gettel, Inc. 1143 Harrisburg Pike Carlisle, PA 17013 : and G. LEE SOUDER and MARIAN SOUDER 130 Locust Point Road Mechanicsburg, PA 17050 PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorney. Date:12-M-00-\ Martin P. Duffey, Esq Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 (215) 665-2780 Identification No. 57559 (A-3 *. . e 5)-.ov pk,,fir & led, O'(oAkor ?C ? x/6313 y ,2-A )- 3 Ssod 44 WRIT OF SUMMONS No. 6 q - $s'ss TO: GETTEL ENTERPRISES, INC. 1107 Enola Road Carlisle, PA 17013 NORTHLAND DISTRIBUTING & MANUFACTURING, INC. 2716 Crescent Drive International Falls, MN 56649 PAUL W. GETTEL i/t/d/b/a Cars by Gettel, Inc. 1143 Harrisburg Pike Carlisle, PA 17013 G. LEE SOUDER and MARIAN SOURER 130 Locust Point Road Mechanicsburg, PA 17050 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMENCED AN ACTION AGAINST YOU. 5-° Prot onotary/Clerk, Civi(? 0,P.G by -?, DePut IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 COMPANY, (a/s/o East Lampeter Twp.), AND ST. PAUL MERCURY INSURANCE CO., (a/s/o New Cumberland Borough) 100 Erie Insurance Place Erie, PA 16530 C'? ~_ o ; : . ~ ~ ~~. . , rv -- ~.. - -~ r- ;. ~ . =' =..~ ~; . vs. GETTEL ENTERPRISES, Ir+C. 1107 Enola Road Carlisle, PA 17013 and NORTHLAND DISTRIBUTING & MANUFACTURING, INC. 2716 Crescent Drive International Falls, MN 56649 and PAUL W. GETTEL i/t/dlb/a Cars by Gettel, Inc. 1143 Harrisburg Pike Carlisle, PA 17013 and G. LEE SOUDER and MARIAN SOUDER 130 Locust Point Road Mechanicsburg, PA 17050 Case No. 09-8855 Civil Term Civil Action ACCEPTANCE OF SERVICE I accept service of the Praecipe for Writ of Summons and Writ of Summons in Civil Action in the above-captioned matter on behalf of defendants, G. Lee Souder and Marian Souder, and certify that I am authorized to do so. Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. P.O. Box 318 44 West Main Street Mechanicsburg, PA 17055 Ph: 717-697-8528 Fax: 717-697-7681 /' t 2-or ~ Dated: J~~u'~'''`! ~ c~a o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION 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 COMPANY, (a/s/o East Lampeter Twp.), AND ST. PAUL MERCURY INSURANCE CO., (a/s/o New Cumberland Borough) 100 Erie Insurance Place Erie, PA 16530 vs. GETTEL ENTERPRISES, INC. 1107 Enola Road Carlisle, PA 17013 and NORTHLAND DISTRIBUTING & MANUFACTURING, INC. 2716 Crescent Drive International Falls, MN 56649 and PAUL W. GETTEL i/t/d/b/a Cars by Gettel, Inc. 1143 Harrisburg Pike Carlisle, PA 17013 and G. LEE SOUDER and MARIAN SOUDER 130 Locust Point Road Mechanicsburg, PA 17050 Case No. 09-8855 Civil Term Civil Action ACCEPTANCE OF SERVICE .,.. t:~., ~. ~' -g .c I accept service of the Praecipe for Writ of Summons and Writ of Summons in Civil Action in the above-captioned matter on behalf of defendants, Northland Distributing & Manufacturing, Inc., and certify that I am authoriz to o. Step en M. reecher, Jr., Es ire Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Ph: (717) 234-4121 Fax: (717)232-6802 Email: sQ-eecher(c~tuckerlaw.com Dated: 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., (JAMES ZIMMERMAN) TRAVELERS INSURANCE (a/s/o EAST LAMPETER TWSP); 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 SOLIDER, Defendants c- -z~~-x: ~: .-_ r1%_.~ `~ c::: ~L .~. z- ~ c~y PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY, CUMBERLAND COUNTY Please enter the appearance of Stephen M. Greecher, Jr. and the firm Tucker N 0 -n rn Q -~ W rv .~-- Arensberg, P.C., as counsel for Defendant, Northland Distributing & Manufacturing, Inc., in the above captioned action. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW TUCKER By NO. 09-8855 CIVIL TERM SteQl~h M. Gre~cher, Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. ,~~ -~ ~~ ~Q ,~ .:t c~ ,~~ vv`'T' DATE: February 8, 2010 i ~zo72.~ CERTIFICATE OF SERVICE AND NOW, this ~~ day of FEBRUARY, 2010, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Defendant, Northland Distributing & Manufacturing, Inc., hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 ATTORNEYS FOR PLAINTIFFS Joseph F. McNulty, Jr., Esquire Post & Schell, P.C. 1245 South Cedar Crest Boulevard Allentown, PA 18103 ATTORNEYS FOR GETTEL DEFENDANTS Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 ATTORNEYS FOR DEFENDANTS, G. LEE SOLIDER AND MARIAN SOLIDER Jacquely ettlemoyer 112072.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION 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 COMPANY, (a/s/o East Lampeter Twp.), AND ST. PAUL MERCURY INSURANCE CO., (a/s/o New Cumberland Borough) 100 Erie Insurance Place Erie, PA 16530 vs. GETTEL ENTERPRISES, INC. 1107 Enola Road Carlisle, PA 17013 and NORTHLAND DISTRIBUTING & MANUFACTURING, INC. 2716 Crescent Drive International Falls, MN 56649 and PAUL W. GETTEL i/t/d/b/a Cars by Gettel, Inc 1143 Harrisburg Pike Carlisle, PA 17013 and G. LEE SOUDER and MARIAN SOUDER 130 Locust Point Road Mechanicsburg, PA 17050 Case No. 09-8855 Civil Term Civil Action ACCEPTANCE OF SERVICE ~ ~ ~`' 0 - -' ~ SS q ~~ -~-: c~~ ~ d _ 5 to ! - v -w: ~_ K.~ ,...:. _ ~ A ~ ~ ~' c= _ rn ~~ :~: •• ~ N cn I accept service of the Praecipe for Writ of Summons and Writ of Summons in Civil Action in the above-captioned matter on behalf of defendants, Gettel Enterprises, Inc. and Paul W. Gettel i/t/d/b/a Cars by Gettel, Inc., and authorized to do so. ~.... ~6seph F. cNulty, Jr. squire Post & Sch 11 1245 S. Ce ar Cres Boulevard, Suite 300 Allentow , PA 18103 Ph: 10) 774-0327 Fax: (610) 433-3972 ail: ; ml cnult, cr,postschell.com Dated: COZEN O'CONNOR By: Martin P. Duffey, Esquire Identification Nos. 57559 Attorneys for Plaintiff, 1900 Market Street Erie Insurance Group Philadelphia, PA 19103 (215) 665-2780 ------------------------------------------------------ ERIE INSURANCE GROUP as subrogee of PA Public Works Equipment Co., IN THE COURT OF COMMON PLEAS PA Public Equipment Company, LLC, :CUMBERLAND COUNTY Kenneth Moyer, Jill E. Moyer, Cincinnati Insurance Co. (a/s/o James Zimmerman), Travelers Insurance Co. : (a/s/o East Lampeter Twp.), and St. Paul NO. 09-8855 -CIVIL Mercury Insurance Co. (a/s/o New Cumberland Borough), Plaintiffs, : v. GETTEL ENTERPRISES, INC.; to ~ eY ~ -, "' NORTHLAND DISTRIBUTING & -`' = ~ r~'T-- ,,~~-., MANUFACTURING, INC.; PAUL W. GETTEL - ~ ^..~ , --3 . i/t/d/b/a CARS BY GETTEL, INC.; G. LEE ~" ~ , '? ~ -,, SOUDER and MARIAN SOUDER, .. ~= ~ _ ` ~ t e endants. : ~ ~ ,. __. ~ `j~~ ._ _; - COMPLAINT 1. The plaintiff, Erie Insurance Group (hereinafter "Erie"), is a business duly organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 100 Erie Insurance Place, Erie, Pennsylvania. 2. At all times relevant hereto, Erie was authorized to issue insurance policies in the Commonwealth of Pennsylvania and insured the real and personal property of PA Public Works Equipment Co., PA Public Works Equipment Company, LLC and Kenneth Moyer and Jill Moyer, under policies of insurance Nos. Q44-0151140, Q08-0180381 and Q59-2406916, as well as certain property of the subrogors of Cincinnati Insurance Company (which insured James Zimmerman), Travelers Insurance Company (which insured East Lampeter Township), and St. Paul Mercury Insurance Company (which insured New Cumberland Borough). The defendant, Gettel Enterprises, Inc., (hereinafter "Gettel Enterprises"), is a corporation organized and existing under the laws of the State of Pennsylvania with its principal place of business located at 480 Corman Road, Carlisle, PA 17013. 4. The defendant, Northland Distributing & Manufacturing, Inc. (hereinafter "Northland"), is a corporation organized and existing under the laws of the State of Minnesota, with its principal place of business located at 2716 Crescent Drive, International Falls, MN 56649. 5. The defendant, Paul W. Gettel, i/t/d/b/a Cars By Gettle, Inc., (hereinafter "Paul Gettel") is an adult individual who resides at and/or conducts business at 1143 Harrisburg Pike, Carlisle, PA 17013. 6. The defendants, G. Lee Souder and Marian Souder (hereinafter the "Souders"), are adult individuals who reside and/or conduct business at 130 Locust Point Road, Mechanicsburg, PA 17050. 7. Prior to September 1, 2007, the Souders owned a building located at 238 N. Locust Point Road, Mechanicsburg, PA 17050 (hereinafter "the building"). Prior to September 1, 2007, defendants, Gettel Enterprises and/or Paul Gettel were tenants in the building. 9. Prior to September 1, 2007, Gettel Enterprises and/or Paul Gettel purchased and installed a wood burning furnace outside of the building. 10. Prior September 1, 2007, Gettel Enterprises and/or Paul Gettel moved and reinstalled the aforesaid wood burning furnace inside of the building. 11. The Souders permitted Gettel Enterprises andlor Paul Gettel to install the furnace outside of the building and then to reinstall the furnace inside of the building. 12. At all times material hereto, defendant, Northland, manufactured, designed, distributed and sold the aforesaid wood burning furnace. 13. On or before September 1, 2007, Gettel Enterprises and/or Paul Gettel vacated the aforesaid building. 14. On or about September 1, 2007, plaintiff s insured, PA Public Works Equipment Co., became a tenant in the building. 15. On December 29, 2007, at approximately 7:00 p.m., a fire erupted in the building. 16. Upon information and belief, the fire was caused by the wood burning furnace. 17. The fire then spread to other areas of the building, causing extensive damage and destruction to the contents therein. 18. As a result of the aforementioned fire, plaintiff's insureds suffered extensive and substantial damage to their real and personal property. 19. Pursuant to the terms of its insurance policies, Erie has paid for damages caused by the fire and is thereby subrogated to all rights of recovery to the extent of the payments made against any and all parties responsible for causing these damages. COUNT I -NEGLIGENCE PLAINTIFF v. GETTEL ENTERPRISES INC. 20. Plaintiff repeat and incorporate by reference the allegations contained in 1 through 19 above as though each were fully and completely set forth at length herein. 21. The incident referred to in paragraph 15 was caused by the negligence, carelessness, and/or reckless acts of defendant, Gettel Enterprises, in each of the following ways: (a) installing the wood burning furnace inside of the building; (b) failing to investigate and determine whether the wood burning furnace could be safely used inside of the building; (c) failing to install the wood burning furnace inside the building in a manner in which it could be safely used; (d) failing to adequately hire, train and supervise the persons who installed the wood burning furnace; (e) failing to adequately and properly install, maintain, service, inspect, repair and/or operate the wood burning furnace; (i) permitting, allowing and/or causing an uncontrolled fire to occur inside the building; (g) failing to warn plaintiff s insured of the dangers associated with using the wood burning furnace inside of the building; (h) failing to provide plaintiff s insured with adequate instructions regarding the use of the wood burning stove; (i) failing to comply with applicable standards, ordinances and/or codes pertaining to the installation, maintenance, service and inspection of the wood burning furnace; and (j) failing to hire properly certified and qualified contractors to install, inspect and certify the wood burning furnace. 22. As a direct and proximate result of the foregoing negligence, carelessness and recklessness on the part of defendant, Gettel Enterprises, plaintiff sustained severe and substantial damages as described above. WHEREFORE, plaintiff, ERIE INSURANCE COMPANY as subrogee of PA Public Works Equipment Co., PA Public Works Equipment Company, LLC, Kenneth Moyer, Jill E. Moyer, Cincinnati Insurance Company, Travelers Insurance Company and St. Paul Mercury Insurance Company demand judgment against defendant, Gettel Enterprises, Inc., in an amount in excess of $50,000.00 together with prejudgment interests, the costs of prosecuting this action and damages for delay. COUNT II -STRICT PRODUCTS LIABILITY PLAINTIFF v. NORTHLAND DISTRIBUTING & MANUFACTURING, INC. 23. Plaintiff repeats and incorporates by reference the allegations contained in 1 through 22 above as though each were fully and completely set forth at length herein. 24. At the time the wood burning furnace left the control of the manufacturer and distributor, defendant, Northland, the subject furnace was in a defective condition, making it unsuitable and unsafe for its intended and anticipated use in violation of the Restatement (Second) of Torts, Section 402A. 25. The injuries and damages suffered by plaintiff were a direct and proximate result of the defectively manufactured and/or defectively designed furnace. 26. The furnace was designed, manufactured, distributed andfor sold in a defective condition in that it failed to provide proper and adequate warnings to foreseeable users, including the other defendant herein and plaintiff's insured. 27. Among other things, the furnace was designed, manufactured, distributed and/or sold in a defective condition in that it failed to advise foreseeable users that it should not be installed inside of a building and/or failed to provide adequate instructions for the proper manner to install the furnace inside of a building so that it would be safe to use and not pose a danger to foreseeable users and others. WHEREFORE, plaintiff, ERIE INSURANCE COMPANY as subrogee of PA Public Works Equipment Co., PA Public Works Equipment Company, LLC, Kenneth Moyer, Jill E. Moyer, Cincinnati Insurance Company, Travelers Insurance Company and St. Paul Mercury Insurance Company demand judgment against defendant, Northland Distributing & Manufacturing, Inc., in an amount in excess of $50,000.00 together with prejudgment interests, the costs of prosecuting this action and damages for delay. COUNT III -NEGLIGENCE PLAINTIFF v. NORTHLAND DISTRIBUTING & MANUFACTURING INC. 28. Plaintiff repeats and incorporates by reference the allegations contained in 1 through 27 above as though each were fully and completely set forth at length herein. 29. The incident referred to in paragraph 15 was caused by the negligence, carelessness, and/or reckless acts of defendant, Northland, in each of the following ways: (a) designing, manufacturing, selling and/or distributing the wood burning furnace in a defective condition in that it failed to provide proper warnings to foreseeable users, including the defendants herein and plaintiffls insured; (b) failing to provide adequate warnings and instructions regarding the use of the wood burning furnace; (c) failing to warn foreseeable users that the wood burning furnace should not be installed and used indoors; (d) failing to provide adequate instructions and warnings on the proper manner to install the wood burning furnace indoors such that it could be safely used and operated therein; (e) failing to warn plaintiff s insured of the dangers associated with using the wood burning furnace indoors; (fj failing to comply with applicable standards, ordinances and/or codes pertaining to the installation, maintenance, service and inspection of the wood burning furnace; and (g) failing to provide a reasonably safe product for its intended and anticipated purpose. 30. As a direct and proximate result of the foregoing negligence, carelessness and recklessness on the part of defendant, Northland, plaintiff sustained severe and substantial damages as described above. WHEREFORE, plaintiff, ERIE INSURANCE COMPANY as subrogee of PA Public Works Equipment Co., PA Public Works Equipment Company, LLC, Kenneth Moyer, Jill E. Moyer, Cincinnati Insurance Company, Travelers Insurance Company and St. Paul Mercury Insurance Company demand judgment against defendant, Northland Distributing & Manufacturing, Inc., in an amount in excess of $50,000.00 together with prejudgment interests, the costs of prosecuting this action and damages for delay. COUNT IV -NEGLIGENCE PLAINTIFF v. PAUL GETTEL 31. Plaintiff repeat and incorporate by reference the allegations contained in 1 through 30 above as though each were fully and completely set forth at length herein. 32. The incident referred to in paragraph 15 was caused by the negligence, carelessness, and/or reckless acts of defendant, Paul Gettel, in each of the following ways: (a) installing the wood burning furnace inside of the building; (b) failing to investigate and determine whether the wood burning furnace could be safely used inside of the building; (c) failing to install the wood burning furnace inside the building in a manner in which it could be safely used; (d) failing to adequately hire, train and supervise the persons who installed the wood burning furnace; (e) failing to adequately and properly install, maintain, service, inspect, repair and/or operate the wood burning furnace; (f) permitting, allowing and/or causing an uncontrolled fire to occur inside the building; (g) failing to warn plaintiff s insured of the dangers associated with using the wood burning furnace inside of the building; (h) failing to provide plaintiffl s insured with adequate instructions regarding the use of the wood burning stove; (i) failing to comply with applicable standards, ordinances and/or codes pertaining to the installation, maintenance, service and inspection of the wood burning furnace; and (j) failing to hire properly certified and qualified contractors to install, inspect and certify the wood burning furnace. 33. As a direct and proximate result of the foregoing negligence, carelessness and recklessness on the part of defendant, Paul Gettel, plaintiff sustained severe and substantial damages as described above. WHEREFORE, plaintiff, ERIE INSURANCE COMPANY as subrogee of PA Public Works Equipment Co., PA Public Works Equipment Company, LLC, Kenneth Moyer, Jill E. Moyer, Cincinnati Insurance Company, Travelers Insurance Company and St. Paul Mercury Insurance Company demand judgment against defendant, Paul Gettle, in an amount in excess of $50,000.00 together with prejudgment interests, the costs of prosecuting this action and damages for delay. COUNT V -NEGLIGENCE PLAINTIFF v. G. LEE SOLIDER and MARIAN SOLIDER 34. Plaintiff repeat and incorporate by reference the allegations contained in 1 through 33 above as though each were fully and completely set forth at length herein. 35. The incident referred to in paragraph 15 was caused by the negligence, carelessness, and/or reckless acts of defendants, the Souders, in each of the following ways: (a) Permitting the installation of the wood burning furnace inside of the building; (b) failing to investigate and determine whether the wood burning furnace could be safely used inside of the building; (c) failing to require that the wood burning furnace be installed inside the building in a manner in which it could be safely used; (d) failing to adequately hire, train and supervise the installation of the wood burning furnace; (e) failing to adequately and properly install, maintain, service, inspect, repair and/or operate the wood burning furnace; (f) permitting, allowing and/or causing an uncontrolled fire to occur inside the building; (g) failing to warn plaintiff's insured of the dangers associated with using the wood burning furnace inside of the building; (h) failing to provide plaintiff's insured with adequate instructions regarding the use of the wood burning stove; (i) failing to comply with applicable standards, ordinances and/or codes pertaining to the installation, maintenance, service and inspection of the wood burning furnace; and (j) failing to hire properly certified and qualified contractors to install, inspect and certify the wood burning furnace. 36. As a direct and proximate result of the foregoing negligence, carelessness and recklessness on the part of defendants, the Souders, plaintiff sustained severe and substantial damages as described above. WHEREFORE, plaintiff, ERIE INSURANCE COMPANY as subrogee of PA Public Works Equipment Co., PA Public Works Equipment Company, LLC, Kenneth Moyer, Jill E. Moyer, Cincinnati Insurance Company, Travelers Insurance Company and St. Paul Mercury Insurance Company demand judgment against defendant, G. Lee Souder and Marian Souder, in an amount in excess of $50,000.00 together with prejudgment interests, the costs of prosecuting this action and damages for delay. COZEN O'CONNOR BY: Martin Duffey, Esquir 1900 Market Street Philadelphia, PA 19103 (215) 665-2000 Dated: o ~ /~ ATTORNEYS FOR PLAINTIFF io '4iERCFIC~T1tIN I, Francis Griillemette, do hereby depose arld state that I any aut}xarized to make this Verification, that 1 have a•eviewed the foregoing Carnplaint, and that the facts contained therein are true and correct to the best of my information and belief. 1 understand that the statements made herein are made subject to the penalties re.latin~ to unsworn falsification t~a authorities. I.:}~TE:D: '~~ t ~~ L ~ T ,., PKANLIS C;UII.LEMIITTE ti POST & SCHELL, P.C. BY: JOSEPH F. MCNULTY, JR., ESQUIRE E-MAIL: jmcnulty@postschell.com I.D. # 35385 1245 SOUTH CEDAR CREST BLVD ALLENTOWN, PA 18103 610-433-0193 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., (JAMES ZIMMERMAN) TRAVELERS INSURANCE (a/s/o EAST LAMPETER TWSP); and ST. PAUL MERCURY INSURANCE CO. (a/s/o NEW CUMBERLAND BOROUGH), Plaintiffs, vs. GETTEL ENTERPRISES, INC.; NORTHLAND DISTRIBUTING & MANUFACTURING, INC.; PAUL W. GETTEL i/t/d/b/a CARS BY GETTEL, INC.; G. LEE SOLIDER and MARIAN SOLIDER, C'~ ~ =, a:~r _ ~ __ .. ~ _ ~- ~_ ~::_. ~:~ ., _~ ~ Defendants. ANSWER OF DEFENDANTS GETTEL ENTERPRISES, INC., PAUL W. GETTEL I/T/D/B/A CARS BY GETTEL, INC. TO CROSSCLAIM OF DEFENDANTS G. LEE SOLIDER AND MARIAN SOLIDER 62. Answering Defendant incorporates its Answer and New Matter as though fully set forth at length. 63. Denied. By way of further answer, the remaining allegations in this paragraph of Plaintiffs' Complaint assert conclusions of law which are denied without further response under the Pennsylvania Rules. To the extent a pleading may be deemed required, it is specifically Attorneys for GETTEL ENTERPRISES, INC AND PAUL W. GETTEL, i/t/d/b/a CARS BY GETTEL, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8855 -CIVIL denied that answering defendant is liable to anyone under any theory. WHEREFORE, Answering Defendant denies any and all liability to any party to the within litigation, demand that the Complaint against them be dismissed with prejudice and that judgment be entered in their favor, together with costs and attorney's fees. POST & SCHELL, P.C. sy: ~- ~ Joseph F. Nulty, Jr., Esquire Counsel for efendants, Gettel Enterprises, c., Paul W. Gettel, i/t/d/b/a Cars y Gettel, Inc. 's CERTIFICATE OF SERVICE I, JOSEPH F. McNULTY, JR., ESQUIRE, Attorney for Defendant, GETTEL ENTERPRISES, INC., AND PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL, INC, hereby certifies that a true and correct copy of the foregoing ANSWER OF DEFENDANTS GETTEL ENTERPRISES, INC., PAUL W. GETTEL I/T/D/B/A CARS BY GETTEL, INC. TO CROSSCLAIM OF DEFENDANTS G. LEE SOUDER AND MARIAN SOLIDER, was served by United States First Class mail, postage prepaid, on this 17th day of March, 2010 to the following persons: Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Dated: ~ I ~ 1 ~ 1 POST & SCHELL, P.C. By: Joseph F. IV c Attorneys fo Gettel, Enter Gettel, indivi business as C vul~, Jr., Esquire Defendants, 'ses, Inc. and Paul W. l ally and trading and doing it By Gettel, Inc. /' ERIE INSURANCE GROUP as Subrogee of PA PUBLIC WORKS EQUIPMENT CO., PA PUBLIC EQUIPMENT COMPANY, LLC, KENNETH MOYER, JILL E. MOYER, CINCINNATI INSURANCE CO. (a/s/o JAMES ZIMMERMAN), TRAVELERS INSURANCE CO. (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 SOLIDER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-8855 -CIVIL n ^, G7 VJ ~~ ~ ~ ---s ~~ .~ ~:.. ~ -C ::. C.? " j r r `; ~ . - ., a ANSWER OF DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING. INC., TO CROSS-CLAIM OF DEFENDANTS. G. LEE SOLIDER AND MARIAN SOLIDER 62. No response is required. 63. The allegations of Paragraph 63 state legal conclusions to which no response is required. To the extent the allegations are deemed to be factual, the allegations are denied pursuant to the Rules of Civil Procedure. WHEREFORE, Defendant, Northland Distributing & Manufacturing, Inc., requests that judgment be entered in its favor and against Defendants, Gettel Enterprises, Inc., Paul W. Gettel i/t/d/b/a Cars by Gettel, Inc., and G. Lee Souder and Marian Souder Respectfully su By: DATE: May 12, 2010 112642.1 TUCKER A~'Ij,~B~13~G, j~C. ~teph'~ff~Mt'. ~reecher, Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. -2- VERIFICATION I, KEITH HORNE, as authorized agent for NORTHLAND DISTRIBUTING & MANUFACTURING, INC., one of the Defendants in the foregoing action, do hereby certify that I am authorized to execute documents on behalf of Northland Distributing & Manufacturing, Inc., and acknowledge, on behalf of Northland Distributing & Manufacturing, Inc., that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. _.. ~ Keith Horne President 112642.1 CERTIFICATE OF SERVICE AND NOW, this IaTH day of MAY, 2010, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Defendant, Northland Distributing & Manufacturing, Inc., hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 ATTORNEYS FOR DEFENDANTS, G Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 ATTORNEYS FOR PLAINTIFF LEE SOLIDER AND MARIAN SOLIDER Joseph F. McNulty, Jr., Esquire Post & Schell, P.C. 1245 South Cedar Crest Boulevard Allentown, PA 18103 ATTORNEYS FOR GETTEL DEFENDANTS Jacq elyn ettlemoyer 112642.1 POST & SCHELL, P.C. BY: JOSEPH F. MC E-MAIL: jmcnulty@post I.D. # 35385 1245 SOUTH CEDAR C ALLENTOWN, PA 181 610-433-0193 PENN NATIONAL INS Subrogee of Hempt Brot 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, ERIE INSURANCE G PA PUBLIC WORKS PA PUBLIC WORKS COMPANY, LLC and ~ ~ ~~ G~c vr.~ ;~~ ~~ , 2010 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 FRANCE, as IN THE COURT OF COMMON PLEAS ers, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. UIPMENT NO. 08-4880-CIVIL BLIC WORKS METH R. MOYER, JVORKS ;E SOUDER and PAUL W. GETTEL, EL, INC., a/k/a Defendants. UP, as subrogee of IN THE COURT OF COMMON PLEAS UIPMENT CO. CUMBERLAND COUNTY MOYER, Plaintiffs, vs. GETTEL ENTERPRISE ,INC. and NORTHLAND DIST UTING & MANUFACTURING, C., Defendants. No. 08-5623 CIVIL 7 ~I G. LEE SOUDER Plaintiff, vs. PA PUBLIC WORKS EQ IPMENT COMPANY, LLC; PA PUBLIC WORK EQUIPMENT CO.; KENNETH R. MOYER, ., individually and trading and doing business 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 EQUI MENT CO.; PA PUBLIC WORKS EQUI MENT COMPANY, LLC; KE TH MOYER; JILL E. MOYER; CINC ATI INSURANCE CO., (a/s/ JAMES ZIMMERMAN), TRAV LERS INSURANCE COMP (als/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 BY GETTEL, INC.; G. LEE SOLIDER and M N SOLIDER, Defendants. f 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 E UIPMENT COMPANY, LLC., vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY JURY TRIAL DEMANDED G. LEE SOUDER and ARIAN SOUDER, husband and wife; NOR HUMBERLAND DISTRIBUTING & F ACE, INC.; NO. 09-8862 GETTEL ENTERPRISE ,INC.; and PAUL W. GETTEL, Individuall and doing business as Cars by Gettel, Inc., Defendants. OR DER AND NO ,this ~ 5 ~ -( day of J J t 2010, upon consideration of the Motion to Consolidate for Defendants, Paul W. Gettel, i/t/d/b/a Cars by Gettel, Inc a/k/a~/ Cars by Gettel, and Gettel Enterprises, Inc., it is hereby ORDERED AND DECREED that ~he above captioned matters are consolidated for the purposes of discovery, arbitration an~ trial and will proceed under Penn National Insurance as Subrogee of Hempt, Brothers Inc., vs Gettel, et al., No: 08-4880. The following Plaintiff, 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 ``,' .-_ ._~ c~ ;, ~ , - ~-- ~ ., ~r ce= - 10 r COZEN O'CONNOR By: Martin P. Duffey, Esquire Identification Nos. 57559 1900 Market Street Philadelphia, PA 19103 (215) 665-2780 ---------------------------------------------- ERIE INSURANCE GROUP as subrogee of PA Public Works Equipment Co., PA Public Equipment Company, LLC, Kenneth Moyer, Jill E. Moyer, Cincinnati Insurance Co. (a/s/o James Zimmerman), Travelers Insurance Co. (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, C .4 Attorneys for Plaintiff, [n r`- -<> ? Erie Insurance Group y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8855 -CIVIL Consolidated Under No.: 08-4880 Defendants. PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT GETTEL ENTERPRISES. INC. AND PAUL W. GETTEL i/t/d/b/a CARS BY GETTLE, INC. 37. Denied pursuant to Pa. R. Civ. P. 1029(e). 38. Denied pursuant to Pa. R. Civ. P. 1029(e). 39. Denied pursuant to Pa. R. Civ. P. 1029(e). 40. Denied pursuant to Pa. R. Civ. P. 1029(e). 41. Denied pursuant to Pa. R. Civ. P. 1029(e). 42. Denied pursuant to Pa. R. Civ. P. 1029(e). 1 0.1 43. Denied pursuant to Pa. R. Civ. P. 1029(e). 44. Denied pursuant to Pa. R. Civ. P. 1029(e). 45. Denied pursuant to Pa. R. Civ. P. 1029(e). 46. Denied pursuant to Pa. R. Civ. P. 1029(e). 47. Denied pursuant to Pa. R. Civ. P. 1029(e). 48. Denied pursuant to Pa. R. Civ. P. 1029(e). 49. Denied pursuant to Pa. R. Civ. P. 1029(e). 50. Denied pursuant to Pa. R. Civ. P. 1029(e). WHEREFORE, plaintiff respectfully request that the Court enter judgment in its favor and against the defendants. Dated: - l ? - COZEN O'CONNOR BY: ?1 Martin P. Duffey uire T 2 jo, CERTIFICATE OF SERVICE I, Martin P. Duffey, Esquire, hereby certify that on the 7 ' day of June, 2011, I served a true a correct copy of the Plaintiff's Reply to New Matter of Defendant Gettel Enterprises, Inc. and Paul W. Gettel i/t/d/b/a Cars by Gettel, Inc., by regular U.S. Mail to the foregoing parties and/or counsel of record: Richard C. Snelbaker, Esquire Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Defendants G. Lee Souder and Marian Souder Joseph F. McNulty, Jr., Esquire Post & Schell 1245 S. Cedar Crest Boulevard, Suite 300 Allentown, PA 18103 Attorney for Defendants Gettel Enterprises, Inc. and Paul W. Gettel, i/d/b/a Cars by Gettel, Inc. Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Attorney for Defendant Northland Distributing & Manufacturing, Inc. Barrie B. Gehrlein, Esquire Flanagan & DiBernardo, LLP 150 East Chestnut Street Lancaster, PA 17602 Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Christopher P. Deegan, Esquire Weber, Gallagher, Simpson, Stapleton, Fires & Newby, P.C. Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Jeremy K. Knaebel, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 COZEN O'CONNOR BY: Martin P. Duffey, Es r 1 TUCKER ARENSBERG, PC BY STEPHEN M. GREECHER, JR., ESQUIRE ATTY. ID 36803 111 NORTH FRONT STREET P. O. BOX 889 HARRISBURG, PA 17108 (717) 234-4121 - Phone (717) 238-6802 - Fax ATTORNEY FOR DEFENDANT, c NORTHLAND DISTRIBUTING & -03 MANUFACTURING, INC. °D z? C- <v _ D C: G7 z 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., (JAMES ZIMMERMAN) TRAVELERS INSURANCE (a/s/o EAST LAMPETER TWPS); and ST. PAUL MERCURY INSURANCE CO. (a/s/o NEW CUMBERLAND BOROUGH), Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 09-8855 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, CONSOLIDATED TO NO. 08-4880 Defendants, ANSWER TO NEW MATTER CROSS CLAIM C) tj rn -v r- rn a ? -n tT1 ?f T1 61. Denied. To the extent that the allegations of Plaintiffs Complaint support any claim of liability on behalf of answering Defendant, said allegations are denied. 62. Denied. Allegations in Paragraph 62 are denied pursuant to the Rules of Civil Procedure. Further, to the extent that the allegations in Paragraph 62 state legal conclusions, no response is required. I WHEREFORE, Answering Defendant requests this Honorable Court enter Judgment in its favor. DATE: Jun, 2011 ATTORNEY FOR DEFENDANT HBGDB:119865-f"999999-999999 2 Attorney I. D. No. 36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 VERIFICATION I, Keith Home, President of Northland Distributing Furnace, Inc., Defendant, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to Keith Horne, President Northland Distributing & Manufacturing, Inc. May _1?_, 2011 H BG DB:119863-1 999999-999999 2 CERTIFICATE OF SERVICE I, STEPHEN M. GREECHER, JR., attorney for Defendant, Northland Distributing & Manufacturing, Inc., hereby verify that I served a true and correct copy of the foregoing document on counsel of record by U.S. Mail, First-Class, Postage Prepaid, on the day of June 2011, addressed as follows: Jeremy K. Knaebel, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15129 Joseph McNulty, JR., Esquire 1245 South Cedar Crest BLVD Allentown, PA 18103 Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 W. Main Street P.O. Box 318 Mechanicsburg, PA 17055 Barrie B. Gehrlein, Esquire Flanagan & DiBernardo, LLP 150 East Chestnut Street Lancaster, PA 17602 Richard C. Snelbaker, Esquire 44 W. Main Street Mechaniscburg, PA 17055 Christopher P. Deegan, Esquire Weber Gallagher Simpson Stapleton Fires & Newby, LLP Two Gateway Center, Suite 1450 603 Stanwix Street Pittsburgh, PA 15222 Martin P. Duffey, Esquire Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Jeffrey B. Rettig, Esquire Johnson, Duffie, Stewart & Weidner 301 rket Street B x 109 A 17043-0109 St n'IGI. 0f96cher, Jr., Esquire Attorney for Defendant, Northland Distributing & Manufacturing, Inc. H BGDB:119865-1 999999-999999 4 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. IG. LEE SOUDER, V. Plaintiff PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, PA PUBLIC WORKS EQUIPMENT CO., KENNETH R. MOYER, JR., individually and trading and doing business as PA PUBLIC WORKS EQUIPMENT CO., PAUL W. GETTEL, individually and trading and doing business as CARS BY GETTEL and CARS BY GETTEL, INC., Defendants ERIE INSURANCE GROUP a/s/o PA PUBLIC WORKS EQUIPMENT CO.; PA PUBLIC WORKS EQUIPMENT COMPANY, LLC; KENNETH MOYER; JILL E. MOYER; CINCINNATI INSURANCE CO., (a/s/o JAMES ZIMMERMAN) TRAVELERS INSURANCE (a/s/o EAST LAMPETER TWP); and ST. PAUL: MERCURY INSURANCE CO. (a/s/o NEW CUMBERLAND BOROUGH), Plaintiffs V. GETTEL ENTERPRISES, INC.; NORTHLAND DISTRIBUTING & MANUFACTURING, INC.; PAUL W. GETTEL, i/t/d/b/a CARS BY GETTEL, INC., G. LEE SOUDER and MARIAN SOUDER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED NO. 2009-8511 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8855 CIVIL LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ;NN NATIONAL INSURANCE, as Subrogee IN THE COURT OF COMMON PLEAS OF Hempt Brothers, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, PA PUBLIC WORKS EQUIPMENT CO., KENNETH R. MOYER, JR., individually and trading and doing business as PA. PUBLIC WORKS EQUIPMENT CO., G. LEE SOUDER and MARIAN 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 NO. 08-4880 CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 08-5623 CIVIL LAW OFFICES SNELBAKER & BRENNEMAN, P.C. } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED NO. 09-8862 CIVIL ORDER AV, AND NOW, this \1 day of January, 2012 in consideration of the Motion to Strike 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., Defendants Case From the February 2012 Civil Trial list and the concurrence of all counsel in that Motion, it is hereby ORDERED that cases consolidated for trial under No. 08-4880 are hereby stricken the February 2012 Civil Trial list. LAW OFFICES SNELBAKER & BRENNEMAN, P.C V mgr?i n A-e ?4'f ?qep ke,, A7 rec e l c-(, -1'r_ ?S BY THE COURT: C.:. e-) o ° s r ?C-- x? : V :Z