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Home My WebLink About09-8862 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, CIVIL DIVISION 1124 McLaughlin Road Bridgeville, PA 15017 Plaintiff, TYPE OF PLEADING: vs. PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION G. LEE SOUDER and MARIAN SOUDER, husband and wife, 238 N. Locust Point Road Mechanicsburg, PA 17050 NORTHLAND DISTRIBUTING & FURNACE, INC., 2716 Crescent Drive International Falls, Minnesota 56649 GETTEL ENTERPRISES, INC. 1107 Enola Road Carlisle, PA 17013 AND PAUL W. GETTEL, individually and doing business as CARS BY GETTEL, INC. 1143 Harrisburg Pike Carlisle, PA 17013 FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: MARK F. McKENNA, ESQUIRE PA ID# 30297 THERESA B. O'BRIEN, ESQUIRE PA ID# 77665 McKENNA & ASSOCIATES, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 (412) 471-6226 Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PA PUBLIC WORKS EQUIPMENT CIVIL DIVISION COMPANY, LLC, 1124 McLaughlin Road Bridgeville, PA 15017 Plaintiff, vs. G. LEE SOUDER and MARIAN SOUDER, husband and wife, 238 N. Locust Point Road Mechanicsburg, PA 17050 NORTHLAND DISTRIBUTING & FURNACE, INC., 2716 Crescent Drive International Falls, Minnesota 56649 GETTEL ENTERPRISES, INC. 1107 Enola Road Carlisle, PA 17013 AND PAUL W. GETTEL, individually and doing business as CARS BY GETTEL, INC. 1143 Harrisburg Pike Carlisle, PA 17013 Defendants. PRAECIPE FOR WRIT OF SUMMONS PROTHONOTARY/CLERK OF COURT: Kindly issue a Writ of Summons in Civil Action against the Defendants, G. Lee Souder, Marian Souder, Northland Distributing and Furnace, Inc., Gettel Enterprises, Inc and Paul W. Gettel, individually and doing business as Cars by Gettel, Inc., in the above-captioned matter. Writ of Summons shall be issued and forwarded to Attorney/Sheriff (Please circle choice). McKENNA & ASSOCIATES, P.C. DATE 13Y: ? MARK F. McKENNA, ESQUIRE (PA ID# 30297) THERESA B. O'BRIEN, ESQUIRE (PA ID# 77665) Attorneys for Plaintiff 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 412-471-6226 090099 WRIT OF SUMMONS TO: G. Lee Souder You are notified that the above-named Plaintiff has commenced an action against you. DATE TO: Marian Souder JS/ LGGZ? ? .?? Prothonotary/Clerk, Civil ivision by: ??A - Al iD DEP Y WRIT OF SUMMONS You are notified that the above-named Plaintiff has commenced an action against you. . 079. a i 1st . DATE Prothonotary/Clerk, Civil D' ision by: 7?-W u? zce ?Olw DE TY WRIT OF SUMMONS TO: Northland Distributing and Furnace, Inc. You are notified that the above-named Plaintiff has commenced an action against you. DATE TO: Gettel Enterprises, Inc. .?' Zaw Prothonotary/Clerk, Civi ivision by: /e-- DEP WRIT OF SUMMONS You are notified that the above-named Plaintiff has commenced an action against you. )Qc, , 'w. 2-1vq ls/ 4t' DATE Prothonotary/Clerk, Civil ivision by: DEP WRIT OF SUMMONS TO: Paul W. Gettel, individually and doing business as Cars By Gettel, Inc. You are notified that the above-named Plaintiff has commenced an action against you. DATE Prothonotary/Clerk, Civil Division by: ?-?-? /_? "'K -?- DEP Y GO i 4%r-til a 5 -1=, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor PA Public Works Equipment Company, LLC vs. G. Lee Souder rl - ~~ . ~ - - - Case Number 2009-8862 SHERIFF'S RETURN OF SERVICE 01/12/2010 11:37 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1137 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Marian Souder, by making known unto herself personally, at 250 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 01/12/2010 11:28 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1128 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: G. Lee Souder, by making known unto himself personally, at 238 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/12/2010 07:12 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1912 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Gettel Enterprises, Inc., by making known unto Paul W. Gettel, Owner at 1107 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hirn personally the said true and correct copy of the same. 01/12/2010 07:12 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2010 at 1912 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Paul W. Gettel individually and d/b/a Cars by Gettel, Inc., by making known unto Paul W. Gettel, Owner at 1107 Enola Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $90.84 January 13, 2010 ~' CCUn`yguite 5`en'f. ie:°o:,o't ~;? F(~E~_t:?rr=JCS =~ 2010 JA~~ I S Ai ~ 10~ S ~ CUCU~ ri ~_ s ~7~f LY!"'..I .i. i SO A ER ,. NY R ANDERSON, SHERIFF r' c // puty Sherif ~'~//mot:-~ ~' %~' Deputy Sheriff PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, Plaintiff v. G. LEE SOLIDER 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 CUMBERLAND COUNTY, PENNSYLVANIA PRAECfPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY, CUMBERLAND COUNTY n ~... L7 7?" n~, ,--, x:...: , ~` ~. ~ _. ;- . ; :~~ t-_. ~:. :~ Please enter the appearance of Stephen M. Greecher, Jr. and the firm Tucker N 0 "*'1 m _~ rv Arensberg, P.C., as counsel for Defendant, Northland Distributing & Furnace, Inc., in the above captioned action. DATE: February 9, 2010 112088.1 TUCKER CIVIL ACTION -LAW NO. 09-8862 CIVIL TERM C. ten M. Greecher, Jr. Attorney's I.D. No. PA-36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. T rn ~ ~~ ~~ ~~ r~~, ~~ -~, c, ~~ CERTIFICATE OF SERVICE AND NOW, this q ~ 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 & Furnace, 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: Mark F. McKenna, Esquire Theresa B. O'Brien, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 ATTORNEYS FOR PLAINTIFF 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 112088.1 Jac elyn ettlemoyer ~ILEC~-~.rt i~ C 20i~ F~6 13 ~~ ~'~ 39 CL~iw~ ~ - r,~ 1~f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, Plaintiff V. G. LEE SOLIDER 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 No. 09-8862 Civil PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker & Brenneman, P.C. as attorneys for Defendants G. Lee Souder and Marian Souder in the action. By: LAW OFFICES SNELBAKER & Date: February 19, 2010 BRENNEMAN, P.C. SNELBAKER & BRENNEMAN, P.C. ~~.r---_---- Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg PA 17055 Attorney ID #47077 (717)697-8528 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 Praecipe to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID ADDRESSED AS FOLLOWS• Mark F. McKenna, Esquire Theresa B. O'Brien, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Attorneys for PA Public Works Equipment Company, LLC Joseph F. McNulty, Jr., Esquire Post & Schell 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 Attorneys for Gettel Enterprises, Inc. and Paul W. Gettel ildlbla Cars by Gettel, Inc. Stephen M. Greecher, Jr., Esquire Tucker Arensberg 111 North Front Street P. O. Box 889 Harrisburg, PA 17108 Attorneys for Northland Distributing & Furnace, Inc. SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717)697-8528 Attorneys for G. Lee Souder and Marian Souder Date: February 19, 2010 LAW OFFICES SNELBAKER EC BRENNEMAN. P.C. '. , McKENNA & ASSOCIATES, P.C. BY: MARK F. McKENNA, ESQUIRE ID #30297 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 (412) 471-6226 -phone (412) 471-6658 -fax mmckenna@consolidated.net ~~ 7 1 2~}~ ~~:~~ i 7 r a~~ z~ ~3 :, r:_ ,;~• t~~ ,,~;r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA PUBLIC WORKS EQUIPMENT COMPANY, LLC; Plaintiff, vs. G. LEE SOLIDER and MARIAN SOUDER,NORTHLAND DISTRIBUTING & MANUFACTURING INC., GETTEL ENTERPRISES, INC., PAUL W. GETTEL i/t/d/b/a Cars by Gettel, Inc., Defendants. TO: DEFENDANTS You are hereby notified to file a written response to the within Complaint in Civil Action within Twenty (20) days of service hereof or judgment may be entered against you. McKENNA ~~TES,,P'.C. .,- BY: ~ ~ ~~ _ __ _ M F c e a, Esquire ~~'`' Attorneys for Plaintiff CIVIL DIVISION 09-8862 CIVIL TERM TYPE OF PLEADING: COMPLAINT 1N CIVIL ACTION JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA PUBLIC WORKS EQUIPMENT CIVIL DIVISION COMPANY, LLC; Plaintiff, vs. 09-8862 CIVIL TERM G. LEE SOUDER and MARIAN SOUDER, NORTHLAND DISTRIBUTING & MANUFACTURING INC., GETTEL ENTERPRISES, INC., PAUL W. GETTEL i/t/d/b/a Cars by Gettel, Inc., Defendants. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) DAYS after this Complaint and notice are served, by entering a written appearance personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that ifyou fail to do so, the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any 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, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE TAE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 COMPLAINT IN CIVIL ACTION AND NOW, comes the Plaintiff, PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, by and through its counsel, McKENNA & ASSOCIATES, P.C., and files the following Complaint in Civil Action and in support thereof avers as follows: 1. Plaintiff, PA Public Works Equipment Company, LLC (hereinafter referred to as "Plaintiff '), is a Pennsylvania Limited Liability Company with a principal place of business located at 1124 McLaughlin Run Road, Bridgeville, Allegheny County, Pennsylvania, 15017, which maintains an office at 238 4B North Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendants, G. Lee Souder and Marian Souder (hereinafter referred to jointly as "Defendant Souder" and referred to collectively with the remaining Defendants as "Defendants"), are adult individuals, who are husband and wife and who reside and/or conduct business at 130 Locus Point Road, Mechanicsburg, PA 17050 and who own the building located at 238 N. Locust Point Road, Mechanicsburg, PA 17050. 3. Defendant, Northland Distributing & Furnace, Inc.(hereinafter referred to as "Defendant Northland" and referred to collectively with the remaining Defendants as "Defendants") is a corporation duly organized and existing under the laws of the State of Minnesota, with a principal place of business located at 2716 Cresent Drive, International Falls, MN, 56649, and which offers its products, including its wood burning stoves, for sale in the Commonwealth of Pennsylvania. 4. Defendant, Gettel Enterprises, Inc. (hereinafter referred to as "Defendant Gettel Enterprises" and referred to collectively with the remaining Defendants as "Defendants"), is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 1107 Enola Road, Carlisle, PA 17013. 5. Defendant, Paul W. Gettel (hereinafter referred to as "Defendant Paul Gettel" and referred to collectively with the remaining Defendants as "Defendants"), is an adult individual who carries on a business under the name of Cars by Gettel, Inc., and who maintains a business address of 1143 Harrisburg Pike, Carlisle, PA 17013. 6. On or about July 1, 2003, Plaintiff and Defendant Lee Souder entered into a Lease Agreement fora 6,000 square foot steel building located at 238 N. Locust Point Road, Mechanicsburg, PA 17050, which building is owned by Defendant Souder (hereinafter referred to as "Rental Unit # 1 "). 7. In or about September, 2007, Plaintiff expanded its operations and, in conjunction therewith, increased its rental space from the 6,000 square foot steel building comprising Rental Unit # 1 to 12,000 square feet of space (hereinafter referred to as "Rental iJnit #2"). 8. Rental Unit #2, also owned by Defendant Souder, was located across the street but in the same building complex as Rental Unit #1. 9. Defendant Souder's prior tenant in Rental Unit #2 was Defendant Gettel Enterprises and/or Defendant Paul Gettel. 10. While renting Rental Unit #2 from Defendant Souder, Defendant Gettel Enterprises and/or Defendant Paul Gettel purchased a wood burning stove designed, manufactured and sold by Defendant Northland. 11. With Defendant Souder's knowledge and consent, Defendant Gettel Enterprises and/or Defendant Paul Gettel installed the wood burning stove on the outside of Rental Unit #2. 2 12. As some point thereafter, but prior to Plaintiff's occupancy of Rental Unit #2, with Defendant Souder's knowledge and consent, Defendant Gettel Enterprises and/or Defendant Paul Gettel moved the word burning stove into Rental Unit #2. 13. In conjunction with Plaintiff s occupancy of Rental Unit #2, Defendant Gettel Enterprises and/or Defendant Paul Gettel offered to sell the wood burning stove as installed inside Rental Unit #2 to Plaintiff. 14. At all times relevant hereto, Defendant Souder was aware that and consented to Defendant Gettel Enterprises and/or Defendant Paul Gettel's sale of the wood burning stove to its new tenant, Plaintiff. 15. On December 29, 2007, Rental Unit #2 was engulfed in flames causing significant damage to the rental space, Plaintiff s inventory, automobiles owned by and entrusted to Plaintiff and mobile equipment entrusted to Plaintiff, resulting in losses in the amount of $139, 723.04. 16. Upon information and belief, the cause of the fire in Rental Unit #2 was the wood burning stove. 17. Upon information and belief, at the time of its sale to Plaintiff by Defendant Gettel Enterprises and/or Defendant Paul Gettel, Defendant Northland's wood burning stove was insufficiently installed, vented and/or maintained. COUNTI NEGLIGENCE PA PUBLIC WORKS EQUIPMENT COMPANY LLC v. G. LEE SOLIDER AND MARIAN SOLIDER 18. Plaintiff incorporates by reference hereto Paragraphs 1 through 17, inclusive, as though the same were set forth more fully herein at length. 3 19. At all times relevant hereto, Defendant Souder was aware that Defendant Gettel Enterprises and/or Defendant Paul Gettel had installed a wood burning stove inside of Rental Unit #2 and consented to such an installation, either expressly or impliedly. 20. At all times relevant hereto, Defendant Souder was aware that Defendant Gettel Enterprises and/or Defendant Paul Gettel had sold the wood burning stove to Plaintiff for its continued use and operation within Rental Unit #2. 21. The December 27, 2007 fire and the resulting damages experienced by Plaintiff were the direct and proximate result of the careless and/or negligent conduct of Defendant Souder generally, and in the following particulars: (a) by permitting Defendant Gettel Enterprises and/or Defendant Paul Gettel to install an outdoor wood burning stove inside Rental Unit #2 without first determining whether such an installation was safe and proper; (b) by failing to remove the wood burning stove from Rental Unit #2 prior to Plaintiff leasing and occupying said rental space; (c) by renting Rental Unit #2 to Plaintiff without undertaking any steps to determine whether the wood burning stove had been properly installed inside the premises and/or whether it had been properly vented and/or maintained; (d) by permitting Plaintiff to purchase and maintain in Rental Unit #2 a wood burning stove owned and installed with its consent by a prior tenant without first determining whether the wood burning stove had been properly installed inside the premises and/or whether it had been properly vented and/or maintained; (e) by failing to have the wood burning stove inspected prior to renting Rental Unit #2 to Plaintiff despite its knowledge that said rental space had been modified by Defendant Gettel Enterprises and/or Defendant Paul Gettel; 4 (i) by failing to oversee the installation of the wood burning stove inside Rental Unit #2; (g) by failing to undertake any investigation to determine if the wood burning stove was to be operated indoors and, if so, whether any special precautions were required and had, in fact, been taken; (h) by failing to require that the wood buring stove be installed in a manner in which it could be safely used; (i) by failing to adequately hire, train and supervise those involved in the installation of the wood burning stove; (j) by failing to warn Plaintiff of the hazards associated with its continued use and operation of the wood burning stove inside Rental Unit #2; (k) by failing to inform Plaintiff that it was not involved in the installation of the wood burning stove inside Rental Unit #2 and could not vouch for its proper and safe installation and/or operation; (1) by failing to ensure that all applicable standards, ordinances and/or codes pertaining to the installation, operation, maintenance, service and/or inspection of a wood burning stove installed in the premises had been complied with both at the time of its installation and at the time Rental Unit #2 was rented to Plaintiff; (m) by renting Rental Unit #2 to Plaintiff with an improperly installed and/or vented wood burning stove in place and in operation; (n) by failing to provide Plaintiff with adequate instructions regarding the use and operation of the wood burning stove; (o) by failing to hire properly certified and qualified contractors to install, inspect and certify the installation of the wood burning stove installed at its premises; (p) by installing or permitting to be installed an outdoor wood burning stove on the inside of Rental Unit #2; (q) by permitting the operation of an outdoor wood burning stove inside its building, specifically Rental Unit #2; (r) by installing or permitting the installation of an outdoor woad boring stove in the interior of Rental Unit #2 when they knew or should have known of the potential and likelihood of fire (s) by failing to properly maintain Rental Unit #2 both prior to and during the tenency of Plaintiff; (t) by failing to have a proper sprinkler system and/or fire retarding system in place inside Rental Unit #2 during the term of Plaintiff's lease; (u) by failing to require that Defendant Gettel Enterprises and/or Defendant Paul Gettel remove the outdoor wood burning stove from the interior of Rental Unit #2; (v) by failing to inform the Plaintiff of the hidden perils of the operation of a wood burning stove inside, which it should have discovered in the exercise of reasonable care; and (w) by failing to warn Plaintiff of the hazards associated with its continued use and operation of the wood burning stove installed with its knowledge and consent upon its premise by Gett Enterprises and/or Defendant Paul Gettel. 22. As a direct and proximate result of Defendant Souder's afore identified negligent and/or careless conduct, Plaintiff sustained damages and losses in the fire in excess of $139, 723.04 WHEREFORE, the Plaintiff, PA Public Works Equipment Company, LLC, respectfully requests that judgment be entered in its favor and against Defendants, G. Lee Souder and Marian Souder, in an amount in excess of $50,000, plus pre and post judgment interest and costs. JURY TRIAL DEMANDED COUNT II PRODUCTS LIABILITY PA PUBLIC WORKS EQUIPMENT COMPANY LLC v. NORTHLAND DISTRIBUTING & FURNACE INC. 23. Plaintiff incorporates by reference hereto Paragraphs 1 through 22, inclusive, as though the same were set forth more fully herein at length. 24. At all times relevant hereto Defendant Northland was the designer, manufacturer and 6 distributor of the subject wood burning stove. 25. At the time the subject wood burning stove left the custody and control of Defendant Northland it was defective and unsuitable for its intended use and/or for all foreseeable uses. 26. At the time the subject wood burning stove left the custody and control of Defendant Northland it contained inadequate warnings as to the potential hazards of installing the stove indoors, including but not limited to the risk of fire. 27. At the time the subject wood burning stove left the custody and control of Defendant Northland it contained inadequate warnings as to the potential hazards of improper ventilation, including but not limited to the risk of fire. 28. At the time the subj ect wood burning stove left the custody and control of Defendant Northland it was defective. 29. The wood burning stove, as designed, manufactured, sold and distributed, was defective inasmuch as it contained improper and inadequate warnings to all foreseeable end users, including Plaintiff, so as to enable its safe and effective operation and so as to reduce the risk of fire damage, as well as in the following particulars: (a) containing inadequate warnings as to the potential hazards of installing the subject stove indoors, as was done in this case; (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 of the dangers associated with using the wood burning furnace indoors; 7 (f) 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 Defendant Northland's placement into the stream of commerce a defective wood burning stove, Plaintiff sustained damages and losses in the fire in excess of $139, 723.04. WHEREFORE, the Plaintiff, PA Public Works Equipment Company, LLC, respectfully requests that judgment be entered in its favor and against Defendant, Northland Distributing and Manufacturing, Inc., in an amount in excess of $50,000, plus pre and post judgment interest and costs. JURY TRIAL DEMANDED COUNT III NEGLIGENCE PA PUBLIC WORKS EQUIPMENT COMPANY LLC v. NORTHLAND DISTRIBUTING & FURNACE, INC. 31. Plaintiff incorporates by reference hereto Paragraphs 1 through 30, inclusive, as though the same were set forth more fully herein at length. 32. At all times relevant hereto Defendant Northland was the designer, manufacturer and distributor of the subject wood burning stove. 33.: The December 27, 2007 fire and the resulting damages experienced by Plaintiff were the direct and proximate result of the careless and/or negligent conduct of Defendant Northland generally, and in the following particulars: (a) by designing, manufacturing, selling and/or distributing the subject wood burning stove without sufficient warnings to as to the dangerous propensities of said stove when installed indoors; 8 (b) by designing, manufacturing, selling and/or distributing the subject wood burning stove without sufficient warnings to as to the dangerous propensities of said stove when improperly vented and/or installed; (c) by designing, manufacturing, selling and/or distributing the subject wood burning stove without sufficient warnings to as to the dangerous propensities of said stove when improperly maintained; (d) by designing, manufacturing, selling and/or distributing the subject wood burning stove without sufficient instructions as to the proper manner of installation, particularly installation indoors; (e) by designing, manufacturing, selling and/or distributing the subject wood burning stove without sufficient instructions as to the proper manner of ventilation, particularly the ventilation requirements for an indoor installation; (f j by failing to provide instructions and/or warnings against the installation of the subject wood burning stove indoors; (g) by failing to provide complete and adequate instructions and warnings as to the proper method of installation of the subject wood burning stove indoors; (h) by failing to warn all foreseeable end users of the inherent risks associated with the continued operation and use of its wood burning stove indoors; and (i) by failing to ensure that all applicable safety standards in existence were complied with at the time the subject wood burning stove was designed, manufactured, sold an/or distributed. 34. As a direct and proximate result of Defendant Northland's afore-identified negligent and/or careless conduct during the design, manufacturing, and sale of the subject wood burning stove, Plaintiff sustained damages and losses in the fire in excess of $139,723.04. WHEREFORE, the Plaintiff, PA Public Works Equipment Company, LLC, respectfully requests that judgment be entered in its favor and against Defendant, Northland Distributing and Manufacturing, Inc., in an amount in excess of $50,000, plus pre and post judgment interest and costs. 9 JURY TRIAL DEMANDED COUNT IV NEGLIGENCE PA PUBLIC WORKS EQUIPMENT COMPANY LLC v. GETTEL ENTERPRISES, INC. AND PAUL W. GETTEL, i/t/d/b/a CARS BY GETTEL, INC. 35. Plaintiff incorporates by reference hereto Paragraphs 1 through 34, inclusive, as though the same were set forth more fully herein at length. 36. At all times relevant hereto, Defendant Gettel Enterprises and/or Defendant Paul Gettel was responsible for the installation of the subject wood burning stove inside Rental Unit #2. 37. In conjunction with the termination of its lease agreement with Defendant Souder, Defendant Gettel Enterprises and/or Defendant Paul Gettel solicited the sale of the subject wood burning stove which it had installed inside Rental Unit #2 to Plaintiff. 3 8. The December 27, 2007 fire and the resulting damages experienced by Plaintiff were the direct and proximate result of the careless and/or negligent conduct of Defendant Gettel Enterprises and/or Defendant Paul Gettel generally, and in the following particulars: (a) by installing or authorizing the installation of a wood burning stove inside Rental Unit #2 without first determining whether such an installation was safe and proper; (b) by hiring and/or utilizing unqualified personnel to perform the installation of the wood burning stove inside Rental Unit #2; (c) by failing to oversee the installation of the wood burning stove inside Rental Unit #2; (d) by failing to ensure the subject wood burning stove was properly vented before offering it to sale to Plaintiff; (e) by failing to maintain the wood burning stove prior to selling it to Plaintiff; 10 (f) by selling the wood burning stove it had improperly installed and/or vented and/or maintained to Plaintiff; (g) by selling to Plaintiff a wood burning stove without first determining whether the wood burning stove had been properly installed inside the premises and/or whether it had been properly vented and/or maintained; (h) by failing to have the wood burning stove inspected prior to selling it to Plaintiff; (i) by failing to advise Plaintiff of the inherent risks of operating the subject wood burning stove indoors, despite its knowledge that Plaintiff was unaware of such risks; (j) by failing to warn Plaintiff of the hazards associated with its continued use and operation of the wood burning stove which it was selling to Plaintiff; (k) by failing to determine whether the installation of the subject wood burning stove indoors was authorized and/or recommended by its manufacturer, Defendant Northland; (1) by failing to provide Plaintiff with all literature, documentation and instructions necessary for the safe operation of the subject wood burning stove. (m) failing to investigate and determine whether the wood burning furnace could be safely used inside of the building; (n) failing to install the wood burning furnace inside the building in a manner in which it could be safely used; (o) failing to warn plaintiff of the dangers associated with using the wood burning furnace inside of the building; (p) failing to provide plaintiff with adequate instructions regarding the use of the wood burning stove; (q) in failing to advise plaintiff that he had been instructed by Defendant Souder to remove the subject wood burning stove from inside the building; (r) failing to comply with applicable standards, ordinancesand/or codes pertaining to the installation, maintenance, service and inspection of the wood burning furnace; and 11 (s) failing to hire properly certified and qualified contractors to install, inspect and certify the wood burning furnace. 39. As a direct and proximate result of Defendant Gettel Enterprises and/or Defendant Paul Gettel's afore-identified negligent and/or careless conduct, Plaintiff sustained damages and losses in the fire in excess of $139, 723.04. WHEREFORE, the Plaintiff, PA Public Works Equipment Company, LLC, respectfully requests that judgment be entered in its favor and against Defendants, Gettel Enterprises, Inc. and Paul W. Gettel, i/t/d/b/a Cars by Gettel, Inc., in an amount in excess of $50,000, plus pre and post judgment interest and costs. JURY TRIAL DEMANDED COUNT V NEGLIGENCE MISREPRESENTATION PA PUBLIC WORKS EQUIPMENT COMPANY LLC v. GETTEL ENTERPRISES, INC. AND PAUL W. GETTEL, i/t/d/b/a CARS BY GETTEL, INC. 40. Plaintiff incorporates by reference hereto Paragraphs 1 through 17, inclusive, as though the same were set forth more fully herein at length. 41. At all times relevant hereto, Defendant Gettel Enterprises and/or Defendant Paul Gettel represented to Plaintiff that the subject wood burning stove was properly installed, vented and maintained. 42. At all times relevant hereto, Defendant Gettel Enterprises and/or Defendant Paul Gettel represented to Plaintiff it was safe and appropriate for the subject wood burning stove to be installed and operated indoors. 43. At all times relevant hereto, Defendant Gettel Enterprises and/or Defendant Paul Gettel knew or through the exercise of ordinary care should have known that the afore-identified representation were false. 12 CERTIFICATE OF SERVICE The undersigned herein certifies that a true and correct copy of Plaintiff's Complaint in Civil Action was forwarded via U.S. first class mail, postage prepaid, to the following this, day of May 2010: Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN, P.C. 44 West Main Street Mechanicsburg, PA 17055 Attorneys for Defendants G. Lee Souder and Marian Souder Stephen M. Greecher, Jr., Esquire TUCKER ARENSBERG 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 Attorneys for Defendant Northland Distributing & Furnace, Inc. Joseph F. McNulty, Jr., Esquire POST & SCHELL 1245 S. Cedar Crest Boulevard Suite 300 Allentown, PA 18103 McKENNA & ASSOCIATES, P.C. BY: - _ , l~ ~~~~ MARK F. McKENNA, ESQUIRE Attorneys for Plaintiff 44. At all times relevant hereto, Defendant Gettel Enterprises and/or Defendant Paul Gettel intended its afore-identified misrepresentations toinduce Plaintiff into purchasing the subject wood burning stove from it and continuing to use it indoors as it was being used by Defendant Gettel Enterprises and/or Defendant Paul Gettel. 45. Plaintiff was, in fact, induced into purchasing the subj ect wood burning stove by the afore-identified misrepresentations on the part of Defendant Gettel Enterprises and/or Defendant Paul Gettel. 46. As a direct and proximate result of Defendant Gettel Enterprises and/or Defendant Paul Gettel's afore-identified negligent misrepresentations, Plaintiff sustained damages and losses in the fire in excess of $139,723.04. WHEREFORE, the Plaintiff, PA Public Works Equipment Company, LLC, respectfully requests that judgment be entered in its favor and against Defendants, Gettel Enterprises, Inc. and Paul W. Gettel, i/t/d/b/a Cars by Gettel, Inc., in an amount in excess of $50,000, plus pre and post judgment interest and costs. JURY TRIAL DEMANDED Respectfully submitted, McKENNA & ASSOCIATES, P.C. BY: ~.~~. - ~ ~ ~ 11( MARK F. McKENNA, ESQUIRE Attorneys for Plaintiff 13 VERIFICATION I am the Plaintiff in this matter and am represented by counsel. I have furnished to my counsel factual information upon which the foregoing is based. To the extent that it is based on the factual information provided to counsel, I verify that those facts are true and correct to the best of my knowledge, information and belief. However, the language is that of counsel and, to the extent that it goes beyond the factual information, which I have provided to counsel, I have relied upon counsel in making this verification. I understand that false statements herein are made subject to the penalties of 18. Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: b o -a ~ Chester C. Amick, III A 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 PA PUBLIC WORKS EQUIPMENT COMPANY, LLC., Plaintiff, VS. G. LEE SOLIDER and MARIAN SOLIDER, husband and wife; NORTHUMBERLAND DISTRIBUTING & FURNACE, INC.; GETTEL ENTERPRISES, INC.; and PAUL W. GETTEL, Individually and doing business as Cars by Gettel, Inc., Defendants. ATTORNEYS FOR DEFENDANTS, GETTEL ENTERPRISES, INC. AND PAUL W. GETTEL, I/D/B/A CARS BY GETTEL, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY c> C JURY TRIAL DEMANDED -~, `' ~-- n, ~. ; ~.y ~ ~ ~ ; - ' ..,., :%~ NO. 09-8862 f= -z? ~= r,,, .. w a REPLY TO CROSSCLAIM OF DEFENDANTS, G. LEE SOLIDER AND MARIAN SOLIDER, HUSBAND AND WIFE ON BEHALF OF DEFENDANTS GETTEL ENTERPRISES, INC. AND PAUL W. GETTEL, I/D/B/A CARS BY GETTEL, INC. ~; -._., z. ~~~. _~ _; _r_ 80. Answering Defendants incorporates by reference its Answer and New Matter as though fully set forth at length. 81. Paragraph 81 is a conclusion of law requiring no responsive pleading. To the extent a pleading may be deemed required, it is specifically denied that Answering Defendants are liable to anyone under any theory. WHEREFORE, Defendant demands judgment. Dated: 6/16/ 10 2 POST & SCHELL, P.C. _-w~..- gy. ~~ JOSEPH F. 1VLCNULTY, JR., ESQUIRE Attorneys for Defendants, Gettel Enterprises, Inc.~';and Paul W, Gettel, i/d/b/a Cars by Giettel, Inc. r f= , CERTIFICATE OF SERVICE I, JOSEPH F. McNULTY, attorney for Defendants, Gettel Enterprises, Inc. and Paul W. Gettel, i/d/b/a Cars by Gettel, Inc., hereby verify that I served a true and correct copy of the foregoing REPLY TO CROSSCLAIM OF DEFENDANTS, G. LEE SOUDER AND MARIAN SOUDER, HUSBAND AND WIFE ON BEHALF OF DEFENDANTS GETTEL ENTERPRISES, INC. AND PAUL W. GETTEL, UD/B/A CARS BY GETTEL, INC. on counsel of record by U.S. Mail, First-Class, Postage Prepaid, on the 16th day of June, 2010 addressed as follows: Jeremy K. Knaebel, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 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 W. Main Street P.O. Box 318 Mechanicsburg, PA 17055 Dated: 6/16/10 POST & SC~~P,C, By: H F. NULTY, JR., ESQUIRE Sys r Defendants, Gettel ses, Inc. and Paul W. Gettel, Cars by Gettel, Inc. 3 PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, Plaintiff v. G. LEE SOLIDER and MARIAN SOLIDER, Husband and Wife; NORTHLAND DISTRIBUTING & MANUFACTURING, INC.; GETTEL ENTERPRISES, INC., PAUL W. GETTEL, i/t/d/b/a CARS BY GETTEL, INC., Defendants NO. 09-8862 CIVIL TERM NOTICE TO PLEAD TO: PA PUBLIC WORKS EQUIPMENT COMPANY, LLC c/o Mark F. McKenna, Esquire 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 ATTORNEYS FOR PLAINTIFF ~ ~' ` i ~~ ~ , -L. c-r1 ~- ~~ .~ ~ 'Y7 ~ -.~ ....> ._ 3 ,-_ ~~ ;^~ h? You are hereby notified to file a written response to the enclosed New Matter and Cross- Claim Pursuant to Pa.R.C.P. 1031.1, within twenty (20) days from service hereof or a default judgment may be entered against you. TUCKER By: DATE: 6`° ~U H BGDB:113590-1 024695-138564 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ~S~Ce{n M. Greeche[, 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. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, Plaintiff v. G. LEE SOLIDER and MARIAN SOLIDER, Husband and Wife; NORTHLAND DISTRIBUTING 8~ MANUFACTURING, INC.; GETTEL ENTERPRISES, INC., PAUL W. GETTEL, i/t/d/b/a CARS BY GETTEL, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-8862 CIVIL TERM NOTICE TO PLEAD TO: GETTEL ENTERPRISES, INC/PAUL W. GETTEL i/t/d/b/a CARS BY GETTEL, INC. c/o Joseph F. McNulty, Jr., Esquire Post & Schell, P.C. 1245 South Cedar Crest Boulevard Allentown, PA 18103 ATTORNEYS FOR GETTEL DEFENDANTS You are hereby notified to file a written response to the enclosed New Matter and Cross- Claim Pursuant to Pa.R.C.P. 1031.1, within twenty (20) days from service hereof or a default judgment may be entered against you. , ,~ TUC DATE: ~ / ~' ~0 H B G D 8:113590-1 024695-138 564 P.C. 'S# r~ 1~A~.~j-geeFter, Jr. At ey'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. By: PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, Plaintiff v. G. LEE SOLIDER and MARIAN SOLIDER, Husband and Wife; NORTHLAND DISTRIBUTING 8~ MANUFACTURING, INC.; GETTEL ENTERPRISES, INC., PAUL W. GETTEL, i/t/d/b/a CARS BY GETTEL, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-8862 CIVIL TERM NOTICE TO PLEAD TO: G. LEE SOLIDER AND MARIAN SOLIDER c/o Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 ATTORNEYS FOR G. LEE SOLIDER AND MARIAN SOLIDER You are hereby notified to file a written response to the enclosed New Matter and Cross- Claim Pursuant to Pa.R.C.P. 1031.1, within twenty (20) days from service hereof or a default judgment may be entered against you. TUCKER ARF~P4~BEI~. P.C. DATE: H BG D 6:113590-1 024695-138564 By: Attorney's I.D. No. PA-36~f` 03 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, Plaintiff v. G. LEE SOLIDER and MARIAN SOLIDER, Husband and Wife; NORTHLAND DISTRIBUTING & MANUFACTURING, INC.; GETTEL ENTERPRISES, INC., PAUL W. GETTEL, i/t/d/b/a CARS BY GETTEL, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-8862 CIVIL TERM ANSWER OF DEFENDANT, NORTHLAND DISTRIBUTING 8~ MANUFACTURING INC TO COMPLAINT OF PA PUBLIC WORKS EQUIPMENT COMPANY. LLC CONTAINING NEW MATTER AND CROSSCLAIM After reasonable investigation, Defendant, Northland Distributing & Manufacturing, Inc. ("Northland"), is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 1 and the averments are therefore deemed denied. 2. It is admitted that Defendants, G. Lee Souder and Marian Souder, own the building located at 238 North Locust Point Road, Mechanicsburg, PA 17050. After reasonable investigation, Defendant Northland is without sufficient knowledge or information to form a belief as to the remaining averments of Paragraph 2 and the averments are therefore deemed denied. 3. Admitted. 4. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 4 and the averments are therefore deemed denied. 5. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 5 and the averments are therefore deemed denied. 6. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 6 and the averments are therefore deemed denied. 7. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 7 and the averments are therefore deemed denied. 8. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 8 and the averments are therefore deemed denied. 9. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 9 and the averments are therefore deemed denied. 10. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 10 and the averments are therefore deemed denied. 11. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 11 and the averments are therefore deemed denied. 12. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 12 and the averments are therefore deemed denied. 13. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 13 and the averments are therefore deemed denied. -2- 14. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 14 and the averments are therefore deemed denied. 15. It is admitted that a fire occurred on December 29, 2007 at the subject premises. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the remaining averments of Paragraph 15 and the averments are therefore deemed denied. 16. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 16 and the averments are therefore deemed denied. Further, it is specifically denied that a wood burning furnace manufactured by Northland was the cause of the fire. 17. After reasonable investigation, Defendant Northland is without sufficient information or knowledge to form a belief as to the truth of the averments of Paragraph 17 and the averments are therefore deemed denied. Further, it is specifically denied that a wood burning furnace manufactured by Northland was the cause of the fire. COUNTI NEGLIGENCE PA PUBLIC WORKS EQUIPMENT COMPANY LLC v. GLEE SOLIDER AND MARIAN SOLIDER 18. Defendant Northland's answers to Paragraphs 1-17 are incorporated herein by reference. 19-22. The allegations of Paragraphs 19-22 are directed to a defendant other than Northland and no answers are required. -3- COUNT II PRODUCTS LIABILITY PA PUBLIC WORKS EQUIPMENT COMPANY LLC v. NORTHLAND DISTRIBUTING 8~ FURNACE, INC. 23. Defendant Northland's answers to Paragraphs 1-22 are incorporated herein by reference. 24. After reasonable investigation, Defendant Northland is without sufficient knowledge or information to form a belief as to the truth of the averments that the wood burning furnace at issue in this case was designed, manufactured or distributed by Defendant Northland. 25. After reasonable investigation, Defendant Northland is without sufficient knowledge or information to form a belief as to the truth of the averments that the wood burning furnace at issue in this case "left the custody and control of Defendant." Further, it is specifically denied that if the furnace was a Northland furnace, that the furnace was in any way defective or unsuitable for its intended, anticipated and foreseeable uses. Further, to the extent the allegations of Paragraph 25 state legal conclusions, the allegations require no answer. 26. The answer to Paragraph 25 is incorporated herein by reference. Further, it is specifically denied that if the furnace was a Northland furnace, that the furnace contained inadequate warnings as to the potential hazards of installing the stove indoors, including but not limited to the risk of fire. Further, to the extent that the allegations of Paragraph 26 state legal conclusions the allegations require no answer. 27. The answer to Paragraph 25 is incorporated herein by reference. Further, it is specifically denied that if the furnace was a Northland furnace, that the furnace contained inadequate warnings as to the potential hazards of improper ventilation, including but not limited to the risk of fire. Further, to the extent the allegations of Paragraph 27 state legal conclusions, the allegations require no answer. -4- 28. The answer to Paragraph 25 is incorporated herein by reference. Further, it is specifically denied that if the furnace was a Northland furnace, that the furnace was in any way defective. 29. The answer to Paragraph 25 is incorporated herein by reference. Further, it is specifically denied that if the furnace was a Northland furnace, that the fumace contained improper and inadequate warnings for all foreseeable end users so as to enable its safe and effective operation and so as to reduce the risk of fire damage. Each subpart of Paragraph 29 is likewise denied in accordance with the Rules of Civil Procedure in the event it is determined that the furnace was a Northland furnace. Further, to the extent the allegations of Paragraph 29 state legal conclusions, the allegations require no answer. 30. The answer to Paragraph 25 is incorporated herein by reference. Further, it is specifically denied that if it is determined that the furnace was a Northland furnace, that the furnace was the cause of the damages and losses of Plaintiff. WHEREFORE, Defendant, Northland Distributing & Manufacturing, Inc., requests that judgment be entered in its favor and against Plaintiff, PA Public Works Equipment Company, LLC. COUNT III NEGLIGENCE PA PUBLIC WORKS EQUIPMENT COMPANY LLC v. NORTHLAN DISTRIBUTING 8~ FURNACE, INC. 31. Defendant Northland's answers to Paragraphs 1-31 are incorporated herein by reference. 32. After reasonable investigation, Defendant Northland is without sufficient knowledge or information to form a belief as to the truth of the averments that the wood burning furnace at issue in this case was designed, manufactured or distributed by Defendant Northland. -5- 33. After reasonable investigation, Defendant Northland is without sufficient knowledge knowledge or information to form a belief as to the truth of the averments that the wood burning furnace at issue in this case was manufactured by Defendant Northland. Further, it is specifically denied that if the furnace was a Northland furnace that Northland was in any way negligent or careless as is alleged in Count III and the allegations of Paragraph 33 and all subparts thereof are denied in accordance with the Rules of Civil Procedure. 34. After reasonable investigation, Defendant Northland is without sufficient knowledge or information to form a belief as to the truth of the averments that the wood burning furnace at issue in this case was designed, manufactured or sold by Defendant Northland. Further, it is specifically denied that if the furnace was a Northland furnace that Northland was negligent or that any damages claimed by Plaintiff were caused by Defendant Northland. WHEREFORE, Defendant, Northland Distributing 8~ Manufacturing, Inc., requests that judgment be entered in its favor and against Plaintiff, PA Public Works Equipment Company, LLC. NEW MATTER 35. Plaintiffs' claims fail to state a claim upon which relief can be granted against Defendant Northland. 36. At the present time it has not been determined or proven that the wood burning furnace at issue in this case was in fact a Northland wood burning furnace. 37. The following allegations and New Matter are set forth without admitting that the wood burning furnace at issue in this case was a Northland furnace. These allegations are made in the event that it is shown that the wood burning furnace at issue was a Northland furnace. 38. The Northland wood burning furnace was not defective in any manner and was not manufactured, distributed or sold without proper and adequate warnings. -6- 39. The Northland wood burning furnace was sold with proper and adequate warnings. 40. The Northland furnace was not used as intended or anticipated. 41. Defendant Northland and the Northland wood burning furnace were not the proximate legal or factual cause of the fire or damages at issue in this case. 42. The fire or damages at issue occurred due to the actions and/or inactions of persons, firms or entities over whom Defendant Northland had no control. 43. The fire or damages at issue were a result of superseding or intervening causes with respect to Defendant Northland. 44. If the allegations of the Complaint regarding moving and reinstalling the furnace are true, the Defendant Northland's furnace had been improperly moved and reinstalled. 45. Defendant Northland also pleads violation of any applicable codes with respect to the reinstallation of the wood burning furnace. 46. The claims of Plaintiffs are barred by Plaintiffs' assumption of risk. 48. The claims of Plaintiffs are barred by or must be reduced by the comparative negligence of the Plaintiffs. WHEREFORE, Defendant, Northland Distributing & Manufacturing, Inc., requests that the Complaint be dismissed and that judgment be entered in its favor. CROSS-CLAIM PURSUANT TO PA.R.C.P. 1031.1 49. Without admitting the allegations of the Complaint, the allegations of the Complaint are incorporated herein by reference, in particular Paragraphs 1-22 and 31-34. 50. Defendants, Gettel Enterprises, Inc., Paul W. Gettel i/t/d/b/a Cars by Gettel, Inc., and/or G. Lee Souder and Marian Souder are solely liable to Plaintiffs in this case for the damages claimed, or liable to Defendant Northland on the basis of indemnity or jointly and -7- severally liable with Defendant Northland, and thereby liable to Defendant Northland for contribution. 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 TL By DATE: b /O~~/ ~v H BGDB:113590-1 024695-138564 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. -8- 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. Keit orne President CERTIFICATE OF SERVICE AND NOW, this v~~~~l day JUNE, 2010, I, Jacquelyn Zettlemoyer, Secretary to Stephen M. Greecher, Jr., Esquire, for the law firm, Tucker Arensberg, P.C., attorneys for Defendant, Northland Distributing & Furnace, 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: Mark F. McKenna, Esquire Theresa B. O'Brien, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 ATTORNEYS FOR PLAINTIFF 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 Jacq ely ettl moye HBGDB:113590-1 024695-138564 lye +~ ~;i~~r~~•~~ '; T, Z~~O JU~ f L. tti'' ~ I'"~t/ CllaYi~~. ~i~ii~' l,_ti r Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for G. Lee Souder and Marian Souder IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, Plaintiff v. G. LEE SOLIDER 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 No. 09-8862 CIVIL REPLY OF DEFENDANTS G. LEE SOLIDER AND MARIAN SOLIDER TO THE CROSS-CLAIM OF DEFENDANT NORTHLAND DISTRIBUTING & MANUFACTURING, INC. 49. The Answer of Defendants G. Lee Souder and Marian Souder to the Complaint is incorporated by reference herein. 50. Denied. With respect to Defendants G. Lee Souder and Marian Souder, the allegations of Paragraph 50 contain a series of unwarranted conclusions of law to which no response is required pursuant to Pa.R.C.P. 1029(d). To the extent a response is necessary, it is Law or~icEs SNELBAKER EC BRENNEMAN, P.C. denied that Defendants Souder are solely liable to Plaintiff in this case, liable to Defendant Northland on the basis of indemnity, jointly and severally liable with Defendant Northland or liable for contribution. WHEREFORE, Defendants Souder request this Court to enter judgment in their favor and against all other parties to this action. SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street LAW o~ICEs SNELBAKER EC BRENNEMAN, F.C. Mechanicsburg, PA 17055 (717)697-8528 r Attorneys for Defendants G. Lee Souder Date: J" ~~ ~ a • ~G~O and Marian Souder 2 VERIFICATION I verify that the statements made in the foregoing Reply to Cross-Claim 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. ~ .Lee Souder Date: J cam, r2, ~~ VERIFICATION I verify that the statements made in the foregoing Reply 'to Cross-Claim 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. Marian Souder Date: J~ /~ 2v/v Law o~,cEs SNELBAKER EC 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 Reply to Cross-Claim to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS• Mark F. McKenna, Esquire Theresa B. O'Brien, Esquire McKenna & Associates, P. C. 436 Boulevard of the Allies Suite 500 Pittsburgh, PA 15219 Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P. C. 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 Joseph F. McNulty, Jr., Esquire Post & Schell, P. C. 1245 South Cedar Crest Blvd. Allentown, PA 18103 By: SNELBAKER & BRENNEMAN, P. C. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendants G. Lee Souder and Marian Souder ~,w o~icEs SNELBAKER & Date: J ~ ~ ~2. 20~G BRENNEMAN. P.C. Pf~S`T & 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 PA PUBLIC WORKS EQUIPMENT COMPANY, LLC., Attorneys far I~ef®ndants, Gettel Enterprises, Inc. and Paul W. Gettel, i/d/b/a Cars by Gettel, Inc. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. C3. LEE 3®UI?ER and MARIAN S®UDER, husband and wife; NORTHUMBERLAND DISTRIBUTING & FURNACE, ~1C.; GETTEL ENTERPRISES, INC.; and PAUL W. GETTEL, Individually and doing business as Cars by Gettel, Inc., JURY TRIAL DEMANDED N4.09-8862 Defendants. ~~ _ -~ ,,a ::;~. -~' ';; -, c~ a r o K~ ~_._ w ~- x ,.Y '. t _: ~n REPLY OF DEFENDANTS. DEFENDANT. GETTEL ENTERPRISES. INC. AND PAUL W. GETTEL. UDB/A CARS BY GETTEL, INC.. TO THE NEW MATTER CROSS CLAIM OF DEFENDANT. NORTHLAND DISTRIBITUING & FURNACE, INC. 49. Answering defendants incorporate by reference their Answer and New Matter filed to the various Complaints as though fully set forth, at length. 50. Paragraph 50 is a conclusion of law requiring no responsive pleading. To the extent a pleading maybe deemed required, it is specifically denied that answering defendants are liable to anyone under any theory and judgment is demanded. i~i~IEREI~9RI~, H~fisnda~ts, ~®tt~i L~ats~~ie®p, Ins. end Paul i~. O~ttei, i/dib{~ Ears i9y Gettel, Inc., demand judgment. Gated: July 8, 2010 POST & SCHELL, P.C. ~y. JOgEPH ]". Nom, JIt., ESQt Attors~ays fa Defendants, Ge~ttel Ent rises, Inc. and Paul W. Gottel, i/ a Cars by Gettel, Inc. 2 VERIFICATION JOSEPH F. MCNULTY, JR., ESQUIRE verifies that he is the attorney for defendants, Gettel Enterprises, Inc. and Paul W. Gettel, i/d/b/a Cars by Gettel, Inc., in the within action and verifies that the statements made in the Reply of defendants, Gettel Enterprises, Inc. and Paul W. Gettel, i/d/b/a Cars by Gettel, Inc., to the New Matter Cross Claim of defendant, Northland Distributing & Furnace, Inc., 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. Dated: July 8, 2010 `JOSEPH Attorneys Gettel Ens Gettel, i/d TY, JR., ESQUIRE ises, Inc. and Paul W. Cars by Gettel, Inc. 3 I, J®SEPH F. McNULTY, attorney for defendants, Gettel Enterprises, Inc. and Paul W. Gettel, i/d/b/a Cars by Gettel, Inc., hereby verify that I served a true and correct copy of the foregoing Reply of defendants Gettel Enterprises, Inc. and Paul W. Gettel, i/d/b/a Cars by Gettel, Inc., to the New Matter Cross Claim of defendant, Northland Distributing & Furnace, Inc., on counsel of record by U.S. Mail, First-Class, Postage Frepaid, on the 8th day of July, 2010 addressed as follows: Jeremy K. Knaebel, Esquire McKenna do Associates, P.C. 436 Boulevard of the Allies, Suite 500 Pittsburgh, PA 15219 Stephen M. Greecher, Jr., Esquire Tucker Arensberg, P.C. 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 lfaitl~ G. l~rver~~t 15squire 9~®lbaker ~ Beeman, P.C. 44 W, Main Street P.Q, >3ax 31I; Mechanicsburg, PA 17035 Post & Schell, P.C. By: Joseph F. Mc ulty, .Esquire Attorneys for efendants, e Enterprises, In .and Paul W. Gettel, i/d/b/a Cars by ettel, Inc. 4 r McKENNA & ASSOCIATES, P.C. BY: MAR$ F. McKENNA, ESQUIRE PA I.D. #30297 436 Boulevard of the Allies Suite 500 Pittsburgh PA 15219-1314 Phone: (412} 471-6226 FAX: (412} 471-6658 mmckennanconsolidated.nec l~! Q ,i~~ ~.3 ~'h~ 2~~ 2~, ~: , `,' t"i; i!` H IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PA PUBLIC WORKS EQUIPMENT COMPANY, LLC Plaintiff, vs. G. LEE SOURER and MARIAN SOURER, husband and wife; NORTHLAND DISTRIBUTING & FURNACE, INC.; GETTEL ENTERPRISES, INC.; and PAUL GETTEL, individually and doing business as CARS BY GETTEL, INC., Defendants. CIVIL DIVISION NO: 09-8862 TYPE OF PLEADING: P + + S REPLY TO DEFENDANT NORTHLAND DISTRIBUTING & MANiTFAG"rITRING, INC.' S NEW MATTER AND CROSSCLAIM JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PA PUBLIC WORKS EQUIPMENT CIVIL DIVISION COMPANY, LLC, Plaintiff, NO: 09-8862 vs. G. LEE SOURER and MARIAN SOURER, husband and wife; NORTHLAND DISTRIBUTING & FURNACE, INC.; GETTEL ENTERPRISES, INC.; and PAUL W. GETTELy individually and doing business as CARS BY GETTEL, INC. Defendants. PLAINT~Q~'F PA PUB~.IC WORKS EOUIPMENT COMPANY. LLC'S REPLY TO DEFENDANT NORTHLAND DISTRIBUTING & MANUFACTURING INC.'S NEW MATTER AND CROSSCLAIM AND NOW comes Plaintiff, PA Public Works Equipment Compaq, LLC (`~lai~'}, by and through its attorneys, McKENNA & ASSOCIATES, P.C., and fles the following Reply to Defendant, Northland Distributing & Manufacturing, Inc.'s ("Defendant Northland") New Matter and Crossclaim, and in support thereof avers as follows: 34. Plaintiff incorporates by reference hereto its Complaint as if set forth herein at length. 35. Paragraph 35 is a conclusion of law to which no responsive pleading is required. To the extent that a responsive p1~aAling is required, said allegations are denied. 1 36. Pazagraph 36 does not contain factual allegations and/or affirmative defenses to which a responsive pleading is required. To the extern that a responsive pleading is required, said allegations aze denied. 37. Paragraph 37 does not contain factual allegations and/or affirmative defenses to which a responsive pleading is required. To the extent that a responsive pleading is required, said allegations aze denied. 38-48. Paragraphs 38 through 48, inclusive, aze conclusions of law to which no responsive pleadings aze required. To the extent that responsive pleadings aze required, said allegations aze denied. WHEREFORE, Plaintiff, PA Public Works Equipment Comparry, LLC, respectfully requests that this Honorable Court enter judgment in favor of PlaintiflF and against the Defendant, Northland Distributing & Furnace, Inc. Respectfiilly submitted, M KENNA & ASSOCIATES, P.C. BY: MARK F. McKENNA, ESQUIRE Attorneys for Plaintiff, PA Public Works Equipment Company, LLC JURY TR)<AL DEMANDED. 2 VERIFICATION ~ cheater e. Amide ~d np~ £nr PA Pr~btic worlrs ~p~Y, ~, furnished infom~atios upon which the foregoing Reply to Defendant Nar~lsnd Distn'buting 8t Mamin~wm$ Inc.'s New Mather and C~ossclaun are based. To fire eat that it is based on the fagnal ia6o®ation provided to counsel, I verify that those facts are true and correct bo dre crest of my knowledge, infa~tion and belief: Howev~ex, the ~guage is tb~ of counsel and, to the extent that it goes beyoiul the factual infasmation that I have provided to comisel, I have relied npoan counsel m making this v~erificatian. I ~ that false s~eatfs herein are made subject to the petwlties rel:uting ~ fail ~ ~. Da~be: n ( v `/. t f~W~ CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Plaintiff PA Public Works Equipment Company, LLC's Reply to Defendant Northland Distributing & Furnace, Inc.'s New Matter and Crossclaim was served upon the following via. U. S. First-Class mail, postage prepaid, on this day of July 2010: Stephen M. Greecher, Jr., Esquire TUCKER ARENSBERG, P.C. 111 North Front Street P.O. Box 889 Harrisburg PA 17108-0889 (Attorneys for Defenalarnt Northland Distributing & Furnace, Inc. } Keith O. Brenneman, Esquire SNELBAKER & B , P.C. 44 W. Main Street Mechanicsburg PA 17055 (Attorneys for Defendants G. Lee Souder and Marian Souder) Joseph F. McNulty, Jr., Esquire POST & SCHELL, P.C. 1245 South Cedar Crest Boulevard Allentown PA 18103 (Attorneys for Defenalant Gettel Enterprises, Inc. arnd Paul W. Gettel, ittdivialually and doing business as Curs By Gettel, Inc.} McKENNA & ASSOCIATES, P.C. -- l --- BY: MARK F. McKENNA, ESQUIRE Attorneys for Plaintiff, PA Public Works Equipment Company, LLC 3 lob 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 c-) ATTORNEY FOR DEFENDANT, c NORTHLAND DISTRIBUTING FURNACE, INC. z: - r r.a 0 D n 2p 3 O PA PUBLIC WORKS EQUIPMENT COMPANY, LLC., Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. JURY TRIAL DEMA ED G. LEE SOUDER and MARIAN SOUDER, Husband and wife; NORTHLAND DISTRIBUTING: NO. 09-8862 & FURNACE, INC.; GETTEL ENTERPRISES, INC.; and PAUL W. GETTEL, Individually and doing business as Cars by Gettel, Inc., CONSOLIDATED TO NO. 08-4880 Defendants, ANSWER TO NEW MATTER CROSS CLAIM rn -c? rn C D 61. Denied. To the extent that the allegations of Plaintiff's 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. WHEREFORE, Answering Defendant requests this Honorable Court enter Judgment in its favor. DATE: Juner , 2011 H BG DB:119863-1 999999-999999 TUCKER P By: ph reecher, Jr. Attorney I.D. No. 36803 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEY FOR DEFENDANT VERIFICATION I, Keith Horne, President for North Distributing & Manufacturing, 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 authorities. Keith Home, Pr siden Northland Distributing & Manufacturing, Inc. May Y/ , 2011 HBGDB:119865-1 999999-999999 3 CERTIFICATE OF SERVICE I, STEPHEN M. GREECHER, JR., attorney for Defendant, Northland Distributing Furnace, 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 _,-.,? S 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 Mechanicsburg, 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 Market Street P.O. 109 L,oy , PA 17043-0109 StePftem 1GlLQreecher, Jr., Esquire Attorney for Northland Distributing Furnace, Inc. H BGDB:119863-1 999999-999999 3 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. J PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 JURY TRIAL DEMANDED NO. 09-8862 CIVIL ORDER AND NOW, this day of , 2012 in consideration of the Motion U 0 to Establish a Scheduling Conference and counsels' concurrence therein, a conference is hereby scheduled to take place at 1301 m. on 1?? A O , 2012, in Courtroom No. a of the Cumberland County Courthouse. BY THE COURT: ?? -? ?-a J. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ee 7'h D . 13 teen 11 em a n , sfi Ma4;n P 3e-07re,, Z3. / es4 I n r.-,t 6eA,loin, mark r• I' eleelhrld arl-s"04er P. bee rnw =-n ,V)r- -<v no Cs C-, s Na PENN NATIONAL INSURANCE, as Subrogee IN THE COURT OF COMMON PLEAS OF of Hempt Brothers, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. PA PUBLIC WORKS EQUIPMENT COMPANY, LLC, PA PUBLIC WORKS EQUIPMENT CO., KENNETH R. MOYER, JR., individually and trading and doing business as PA. PUBLIC WORKS EQUIPMENT CO., G. LEE SOUDER and MARIAN SOLIDER; and PAUL W. GETTEL, individually and trading and NO. 08-4880 CIVIL doing business as CARS BY GETTEL and CARS BY GETTEL, INC., Defendants ERIE INSURANCE GROUP alslo IN THE COURT OF COMMON PLEAS OF PA PUBLIC WORKS EQUIPMENT CUMBERLAND COUNTY, PENNSYLVANIA CO.; PA PUBLIC WORKS EQUIPMENT COMPANY, LLC; KENNETH MOYER; Plaintiffs V. : NO. 08-5623 CIVIL GETTEL ENTERPRISES, INC. and NORTHLAND DISTRIBUTING & MANUFACTURING, INC., Defendants LAW OFFICES SNELBAKER ?C BRENNEMAN, P.C. r 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED : NO. 2009-8511 CIVIL ERIE INSURANCE GROUP a/s/o PA PUBLIC WORKS EQUIPMENT O.; PA PUBLIC WORKS EQUIPMENT -OMPANY, LLC; KENNETH MOYER; TILL E. MOYER; CINCINNATI [NSURANCE CO., (a/s/o JAMES 7IMMERMAN) 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 SOUDER and MARIAN SOUDER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8855 CIVIL LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ORI6;,, TUCKER ARENSBERG, PC BY STEPHEN M. GREECHER, JR., ESQUIRE ATTY. I D 36803 2 LEMOYNE DR., STE. 200 LEMOYNE, PA 17043 (717) 234-4121 -Phone (717) 238-6802 -Facsimile PA PUBLIC WORKS EQUIPMENT COMPANY, LLC., Plaintiff, VS. G. LEE SOLIDER and MARIAN SOLIDER, Husband and wife; NORTHLAND DISTRIBUTING 8 FURNACE, INC.; GETTEL ENTERPRISES, INC.; and PAUL W. GETTEL, Individually and doing business as Cars by Gettel, Inc., ATTORNEY FOR DEFENDANT, NORTHLAND DISTRIBUTING & FURNACE, INC. r ~.,a ~.;-~ - ... IN THE COURT OF COMMO A '~~`' , CUMBERLAND COUNTY, PEI _ ~~ ~~ ~ ~, ~~. jar ~ -'S~ ',,.~ e,`'i JURY TRIAL DEMANDED ~ ~;t' ~ ~~ ~~ ~.. NO. 09-8862 ~ ~"' " CONSOLIDATED TO NO. 08-4880 Defendants, MOTION TO WITHDRAW AS COUNSEL 1. Northland Distributing ~ Manufacturing, Inc. ("northland") is a Defendant in the above-captioned consolidated cases. 2. The cases arise out of a fire that occurred on December 29, 2007 at 238 North Locust Point Road, Mechanicsburg, Pennsylvania. 3. With respect to Northland, it is alleged that Northland manufactured and/or distributed an outdoor wood-burning furnace that had been moved inside the subject building by a tenant, with said furnace alleged to have been a cause of the fire. 4. Northland has denied the allegations made against it. 5. Northland has ceased to do business. 6. Northland's assets have been acquired by the bank that held a security interest and other liens on its assets and the assets have now been transferred to another entity. 7. Stephen M. Greecher, Jr. and Tucker Arensberg, P.C. have represented Northland throughout this litigation. 8. Mr. Greecher has been advised to cease representation of Northland at this time. 9. Concurrence in this motion has been sought from all counsel for the other parties with the relief requested in this motion. 10. Jeffrey B. Rettig, counsel for PA Public Works Equipment Company, Christopher P. Deegan, counsel for Penn National Insurance, and Martin P. Duffey, counsel for Erie Insurance Group all concur in this motion. 11. All other counsel who have been contacted for their concurrence or non-concurrence in this motion have not stated whether or not they concur. WHEREFORE, it is respectfully requested that the Court grant Stephen M. Greecher, Jr. and Tucker Arensberg, P.C. leave to withdraw as counsel for Northland Distributing and Manufacturing, Inc. in the above-captioned consolidated cases. ~~ TUCKER gy; r _ ~ p e . Greec er, Jr. Attorney I.D. No. 36803 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 (717) 234-4121 ATTORNEYS FOR DEFENDANT, NORTHLAND DISTRIBUTING & MANUFACTURING, INC. H BG D B:12 9000-1 024695-138564 CERTIFICATE OF SERVICE I, STEPHEN M. GREECHER, JR. hereby verify that I served a true and correct copy of the fo/r~oing document on counsel of record by U.S. Mail, First-Class, Postage Prepaid, on the f day of November, 2012, addressed as follows: Jeremy K. Knaebel, Esquire McKenna & Associates, P.C. 436 Boulevard of the Allies, Ste. 500 Allentown, PA 18103 Joseph McNulty, Jr., Esquire 1245 South Cedar Crest Blvd. Ste. 300 Pittsburgh, PA 15129 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 Jeffrey B. Rettig, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 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 H B G D 8:129000-1 024695-138564 Attorney for Northland Distributing & Manufacturing, Inc.