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Home My WebLink About09-8868IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, vs. Plaintiff, BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. No. 6? - 8g LB COMPLAINT CODE: C4- I-L; t ( "-? Filed on behalf of. Plaintiff, Jesse Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Firm I.D. 839 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. - BLANKS MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, 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 were served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 1 LAWYER REFERRAL SERVICE: Lawyers Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 YOU MUST RESPOND TO THIS COMPLAINT WITHIN TWENTY (20) DAYS OR A JUDGMENT FOR THE AMOUNT CLAIMED MAY BE ENTERED AGAINST YOU BEFORE THE HEARING. IF YOU DO NOT APPEAR FOR THE HEARING, THE CASE MAY BE HEARD IMMEDIATELY BEFORE A JUDGE. THERE IS NO RIGHT TO A TRIAL DO NOVO ON APPEAL FROM A DECISION ENTERED BY A JUDGE. 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. q BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. COMPLAINT IN CIVIL ACTION AND NOW, comes the Plaintiff, Jesse Pennington, by and through his undersigned counsel, D. Aaron Rihn, Esquire and the law firm of Robert Peirce & Associates, P.C., and makes claims for damages against the Defendants, Blank's Moving and Storage Company, Inc.; C & D Technologies, Inc.; YRC Worldwide, Inc.; and PWR, LLC, and in support thereof respectfully states: 1. The Plaintiff, Jesse Pennington, is an adult individual domiciled at 5626 State Route 503, Wurtland, Kentucky 41144. 2. The Defendant, Blank's Moving and Storage Company, Inc., (hereinafter `Blank's"), is a corporation with a principal place of business located at 619 Spruce Street, Reading, Pennsylvania 19603. 3. The Defendant, C & D Technologies, Inc., (hereinafter "C & D") is a corporation with a principal place of business located at 75 Remittance Drive, Suite 3188, Chicago, Illinois 60675. 1 4. The Defendant, YRC Worldwide Inc., (hereinafter "YRC") is a corporation with a principal place of business located at 10990 Roe Avenue, Overland Park, Kansas 66211. 5. The Defendant YRC is a successor in interest to Yellow Transportation. 6. The Defendant PWR, LLC, is a corporation with its principal place of business at 6402 Deere Road, Syracuse, New York 13206. 7. At all times relevant hereto, the Defendants were acting independently and by and through their authorized agents, servants and employees then and there acting within the course and scope of their employment. FACTS COMMON TO ALL CAUSES OF ACTION 8. On or around August 18, 2008, the Plaintiff Jesse Pennington was performing contract work on behalf of Defendant PWR, LLC, installing batteries at a commercial location owned and operated by Embarq in Carlisle, Pennsylvania. 9. One of Plaintiff s job duties on that date was to receive a shipment of large batteries which were originally contracted to be delivered by Defendant C & D. 10. The Defendant C & D subcontracted this delivery to Yellow Transportation, a predecessor in interest to Defendant YRC, who then subcontracted the delivery to Defendant Blank's. 11. Due to the weight of the batteries, the contract purchase order specifically required that the delivering vehicle be equipped with a liftgate. 2 12. On the date in question, the batteries were delivered to the EmBarq location without the required liftgate. The agents of Blank's who were making the delivery instead attempted to offload the batteries using a ramp. 13. The Blank's personnel was having a difficult time unloading the batteries, so the Plaintiff attempted to assist in the process with the full knowledge of the Blank's personnel. 14. Without warning the Plaintiff the Blank's personnel began shoving a pallet of batteries out onto the ramp. The ramp then bent and collapsed, knocking the Plaintiff to the ground and the batteries landing on top of him. 15. As a result of this incident, the Plaintiff sustained multiple serious injuries, including but not limited to two broken legs including a fracture of his left femur. 16. The Plaintiff was hospitalized for two weeks and had been forced to undergo extension rehabilitation. His injuries are permanent in nature and have resulted in severe physical restrictions and limitations. COUNT I - NEGLIGENCE PLAINTIFF v. ALL DEFENDANTS 17. Plaintiff incorporates Paragraphs 1 through 15 as if fully set forth. 18. Defendants, as well as their agents, employees and/or servants, at all relevant times, had a duty to the Plaintiff to behave in a reasonably safe manner and ensure the Plaintiff's safety. 19. The injuries suffered by the Plaintiff were caused by the negligence of agents, employees and/or servants of Defendants, acting within the scope of their employment in some or all 3 of the following respects: a. In failing to provide an unloading vehicle equipped with a liftgate capable of offloading the batteries in question; b. In failing to provide some other sufficient alternative means of offloading the batteries in question; C. In failing to exercise due care in offloading the batteries by ensuring that the appropriate equipment was used and that the appropriate safety procedures were used; d. In failing to ensure that the Plaintiff was aware of an impending danger, and clear of an impending danger; and, e. In failing to provide sufficient manpower to offload the batteries without risk of injury. 20. As a result of the negligent acts of the Defendants, Plaintiff suffered serious and permanent injuries as more specifically set forth elsewhere in this Complaint. 21. As a direct and proximate result of the negligence and strict liability of the Defendants as set forth above, the Plaintiff seeks damages for the following items: a. All past and/or future medical and hospital expenses incurred as a result of the incident; b. The loss of earnings and earning capacity suffered by the Plaintiff as a result of the injuries complained of in this Complaint; C. All damages for conscious pain and suffering suffered by the Plaintiff; and, d. All damages otherwise recoverable pursuant to law. 4 WHEREFORE, Plaintiff demands judgment in his favor and against the Defendants in an amount in excess of the jurisdictional arbitration amount of Fifty Thousand Dollars ($50,000.00), plus costs of suit, and any other relief which this Court finds appropriate. PLAINTIFF DEMANDS A TRIAL BY JURY. Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. +k By. `? ? D. AARON RIHN, ESQUIRE Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, VS. No. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC, Defendants. VERIFICATION I verify that the averments of fact made in the foregoing COMPLAINT are true and correct and based on my personal knowledge, information or belief. I understand that averments of fact in said document are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. 10-x-09 Dated S r TA.RY ;;in h ?,j n))DE C : 7 f1 : -~nr, Fi?`R, LRv? e? q?s3a }- a 3 ss? jAfO zsab (self TecJCr '7 HIP pr+s 61 POST &SCHELL, P.C. BY: JOSEPH R. FOWLER, ESQUIRE E-MAIL: jfowler@postschell.com I.D. # 55661 FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. Attorneys for Defendant, YRC Worldwide Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY n ~ . <.: NO. 09-8868 ~''~'' r~r, ~~ ~a ~~~ ~ [ "' N - ~ T _, : ~ -~ C n-, ~ ENTRY OF APPEARANCE AND DEMAND FOR TRIAL BY TWELVE JURORS TO THE PROTHONOTARY: Kindly enter my appearance and demand of a jury trial of twelve (12) jurors on behalf of Defendant, YRC Worldwide Inc. in the above-captioned matter. POST &SCHELL, P.C. By: Dated: February 17, 2010 JO PH R. FOWLER, ESQUIRE A rneys for Defendant, Y C Worldwide Inc. ~i~ CL 't . ~. 2C f u FE~3 26 ~~; 3~ 52 ~~ V'id~ _ ~,\~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, No. 09-8868 PRAECII'E TO REINSTATE COMPLAINT CODE: Filed on behalf o£ Plaintiff, Jesse Defendants. Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Fir.:z I.D. 839 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219 ~~o. 0o7~~-L~ Cam' S~rs7~ ~a4 ~3~lSd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO: Curtis R. Long, Prothonotary Cumberland County Courthouse One Courthouse Square, Suite 100 Carlisle, PA 17013 Please reinstate the Complaint in the above captioned matter. Respectfully submitted, ROBERT PEIlZCE & ASSOCIATES, P.C. By: `t-^-~ D. AARON RIHN, E IlZE Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JESSE PENNINGTON, Plaintiff, Civil Division vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE 1NC.; and PWR, LLC, Defendants. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Reinstate Complaint was served this 16th day of February, 2010, by first class United States mail, postage pre-paid, upon counsel for the Defendants, addressed as follows: C & D Technologies, Inc. 75 Remittance Drive Suite 3188 Chicago, IL 60675 PWR, LLC 6402 Deere Road Syracuse, NY 13206 YRC Worldwide, Inc. 10990 Roe Avenue Overland Park, KS 66211 Respectfully submitted., ROBERT PEIRCE & ASSOCIATES, P.C. By: .-~~ D. AARON R1HN, E Counsel for Plaintiff To Plaintiffs and Co-Defendants: STRADLEY, RONON, STEVENS & YOUNG, LLP By: Joseph McHale, Esquire Leslie M. Greenspan, Esquire Identification Nos. 65706 & 91639 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 JESSE PENNINGTON, Plaintiff, v. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. You aze hereby notified to file a written response to the enclosed New Matter and Cross-Claims within twenty (20) days from service hereof or a judgment may b~.gntered against you. ~ Leslie M. Greenspan J / Attorney for Defendant C&D Technologies, Inc. Attorneys for Plaintiff, C&D Technologies, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY ~ ~. + `-- C.~ `~._l ~ ~ ~~~ ~ No 09-8868 ~'' -~ '"" -~' . `',- ~: . - - - I . ,_ ; c~ . _ -a ~a _ - := ;r~ _ -i - r~ :- ..~ -< ANSWER, NEW MATTER, AND CROSS-CLAIMS OF DEFENDANT C&D TECHNOLOGIES. INC. Defendant C&D Technologies, Inc. ("C&D"), by and through its attorneys, Stradley, Ronon, Stevens & Young, LLP, answers the Complaint and sets forth New Matter and Cross-Claims as follows: ANSWER 1. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 2. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 3. It is denied that C&D's principal place of business is located at 75 Remittance Drive, Suite 3188, Chicago, Illinois 60675. C&D's principal place of business is located at 1400 Union Meeting Road, Blue Bell, Pennsylvania 19422. 4. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 5. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 6. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 7. These allegations are conclusions of law, requiring no response. If a response is required, these allegations are denied generally pursuant to Pa.R.Civ.P. 1029(e). Facts Common To All Causes of Action 8. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 9. It is admitted only that C&D contracted with Embarq Management Company to supply batteries to PWR LLC at Embarq's facility in Carlisle, Pennsylvania. That 2 contract is a document that speaks for itself, and any characterizations inconsistent with the document are denied. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph, and they are, therefore, deemed denied. 10. Admitted in part and denied in part. It is admitted only that C&D subcontracted delivery of a shipment of batteries to Yellow Transportation. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph, and they are, therefore, deemed denied. 11. The purchase order is a document that speaks for itself, and any characterizations inconsistent with the document are denied. 12. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 13. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 14. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 15. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 3 16. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. Further answering, this paragraph contains conclusions of law, requiring no response. If a response is required, these allegations are denied generally pursuant to Pa.R.Civ.P. 1029(e). Count I -Negligence Plaintiff v. All Defendants 17. C&D incorporates by reference its responses set forth in all other paragraphs of their Answer, as if set forth herein at length. 18. These allegations are conclusions of law, requiring no response. 19. These allegations are conclusions of law, requiring no response. 20. These allegations are conclusions of law, requiring no response. If a response is required, these allegations are denied generally pursuant to Pa.R.Civ.P. 1029(e). 21. These allegations are conclusions of law, requiring no response. If a response is required, these allegations are denied generally pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendant C&D Technologies, Inc. respectfully requests that judgment be entered in its favor and against all other parties, together with interest, costs, and other such and further relief that the Court deems appropriate. NEW MATTER 1. C&D incorporates its Answer by reference. 2. C&D owed no duty to the plaintiff. 3. C&D owed a limited duty of care to the plaintiff, which duty was fulfilled at all times. 4. C&D breached no duty to the plaintiff. 4 5. Any actual injuries to or damages suffered by the plaintiff were caused by others over whom C&D had no control. 6. The actions of the plaintiff or others may have constituted superseding, intervening causes of any alleged injuries or damages to the plaintiff, thereby barring or otherwise limiting the plaintiff's claims. 7. No action or omission by C&D caused or contributed in any manner to the injuries or damages alleged in the plaintiff s Complaint. 8. The plaintiff s claims may be barred or otherwise limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S. § 7102. 9. The plaintiff failed to properly mitigate damages, if any. 10. The plaintiff s causes of action may be barred or otherwise limited by the doctrines of assumption of risk, release, and/or waiver. 11. The plaintiff s damages may be barred or limited to the extent that the plaintiff s alleged injuries or damages were not causally related to the alleged incident, or were pre-existing in nature, or post-date the alleged incident, and therefore, are not recoverable. 12. The plaintiff failed to properly operate the equipment at issue. 13. Any remedies available to the plaintiff may be barred or otherwise diminished due to the plaintiff s receipt of, or right to receive, collateral sources of compensation and/or reimbursement, including but not limited to payments made by health insurers, workers' compensation and/or unemployment compensation. 14. The plaintiff s claims may be barred in whole or in part by application of the workers' compensation bar. 15. At all times, C&D acted reasonably. 16. C&D may have additional defenses that cannot now be determined due to lack of information regarding the plaintiff s claims. C&D, therefore, reserves its right to supplement this Answer upon further development of relevant information. WHEREFORE, Defendant C&D Technologies, Inc. respectfully requests that judgment be entered in its favor and against all other parties, together with interest, costs, and other such and further relief that the Court deems appropriate CROSS-CLAIMS AGAINST CO-DEFENDANTS 1. C&D incorporates by reference the foregoing paragraphs of its Answer and New Matter as if set forth at length herein. 2. C&D incorporates by reference, without admission or adoption, the well- plead allegations contained in the Complaint, and deny that is responsible in any way for the alleged incident and/or resulting harm complained of in this action. 3. If the allegations in the Complaint are proven, and if the plaintiff sustained any injuries or damages as alleged in the Complaint, the damages or injuries were not caused by C&D. Rather, the plaintiff s alleged damages were caused by Defendants Blank's Moving and Storage Company, Inc., YRC Worldwide Inc., and/or PWR, LLC (the "co-defendants"). 4. If C&D is found liable in this action, such liability being expressly denied, then the Co-Defendants are liable to the plaintiff, solely, or jointly with C&D, or are liable over to C&D for contribution and/or common law indemnification. 6 WHEREFORE, Defendant C&D Technologies, Inc. respectfully requests that judgment be entered in its favor and against all other parties, together with interest, costs, and other such and further relief that the Court deems appropriate. Joseph McHale, Esquire Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 Attorneys for Defendant, C&D Technologies, Inc. 7 VERIFICATION I, Aria A. Klees, am Deputy General Counsel for C&D Technologies, Inc. and hereby state that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief, and that false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. ,~l Aria A. Klees Dated: April ~~, 2010 # 1095076 CERTIFICATE OF SERVICE I, Leslie M. Greenspan, Esquire, hereby certify that on May 3, 2010, I caused a copy of the foregoing to be served upon the individuals listed below by U.S. Mail, postage prepaid: D. Aaron Rihn, Esquire Robert Peirce & Associates, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 Blank's Moving and Storage Company, Inc. 619 Spruce St Reading, PA 19602 Defendant Attorneys for Plaintiff Michael J. Soska, Esquire Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103-2808 Attorneys for Defendant YRC Worldwide Inc. Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell PA 19422 Attorneys for Defendant PWR, LLC ` ~~ Leslie M. Greenspan # 1095166 To the lam, intiff and co-defendants You are hereby notified to plead to the Answer with New Matter and Cross claims enclosed herewith within twenty (20 days of service hereof, or default judgm may be entered against you. BY: Michael J. Soska, POST & SCH L, P.C. BY: JOSEP R. FOWLER, ESQUIRE E-MAIL: jfowler@postschell.com I.D. # 55661 FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 JESSE PENNINGTON, Plaintiff, VS. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, dolo AUG. 19 PM 1:a8 Attorneys for Defendant, YRC Worldwide Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8868 Defendants. ANSWER OF DEFENDANT, YRC WORLDWIDE INC. TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIMS Defendant, YRC Worldwide, Inc., by and through their attorneys, Post & Schell, P.C., in Answer to Plaintiff s Complaint says: 1. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 2. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 3. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 4. Admitted. 5. Denied as a conclusion of law to which no responsive pleading is required. 6. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 7. Denied as a conclusion of law to which no responsive pleading is required. 8. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 9. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 10. Denied as a conclusion of law to which no responsive pleading is required. 11. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. -2- 12. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 13. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 14. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 15. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. 16. Denied in that Answering Defendant is without sufficient knowledge or information, after reasonable investigation, to be able to form a belief as to the truth of the allegations appearing in this paragraph of the Complaint and leaves Plaintiff to his proofs. COUNT I (NEGLIGENCE) 17. Answering Defendant incorporates by reference the preceding paragraphs of their Answer as though the same were set forth herein at length. 18. Denied. It is specifically denied that Answer Defendant breached any alleged duty to Plaintiff. The allegations in this paragraph are further denied as conclusions of law to which no response is required. 19. (a)-(e) Denied. The allegations in this paragraph, including all sub-parts, are specifically denied. Furthermore, it is specifically denied that Answering Defendant, including -3- its agents, employees and/or servants, was negligent at any time material hereto. By way of further answer, paragraph 19(b) was stricken with prejudice from Plaintiff's Complaint. The allegations in this paragraph are further denied as conclusions of law to which no response is required. 20. Denied. It is specifically denied that Answering Defendant, including its agents, employees and/or servants, was negligent at any time material hereto. It is further specifically denied that Plaintiff suffered any alleged injuries as a result of any acts and/or omissions of Answering Defendant. The allegations in this paragraph are further denied as conclusions of law to which no response is required. 21. (a)-(d) Denied. The allegations in this paragraph, including all sub-parts, are specifically denied. Furthermore, it is specifically denied that Answering Defendant, including its agents, employees and/or servants, was negligent at any time material hereto. Moreover, it is specifically denied that Answering Defendant was/is strictly liable at any time material hereto. The allegations in this paragraph are further denied as conclusions of law to which no response is required. WHEREFORE, Answering Defendant demands judgment in its favor, together with counsel fees and costs. NEW MATTER 22. Answering Defendant incorporates by reference the preceding paragraphs of its Answer as though the same were set forth herein at length. 23. The applicable Statute of Limitations may have expired prior to the institution of this action, barring Plaintiff's claims. -4- 24. Answering Defendant was not negligent and/or strictly liable at any time material hereto. 25. Plaintiff failed to state a cause of action upon which relief can be granted. 26. Answering Defendant caused no injuries or damage to Plaintiff, and any injury or damage allegedly sustained by the Plaintiff may have been caused by a party other than Answering Defendant and not within the control of the Answering Defendant. 27. The Plaintiff assumed the risk of injury. 28. The Plaintiff was contributorily negligent. 29. The causal negligence of the Plaintiff is greater than any alleged negligence on the part of the Answering Defendant and, therefore Plaintiff's recovery is barred and/or limited pursuant to the Pennsylvania Comparative Negligence act and must be diminished in accordance therewith. 30. Plaintiff may be otherwise negligent as may be determined during the course and scope of discovery and/or trial. 31. Answering Defendant owed no duty to the Plaintiff. 32. Answering Defendant breached no duty to the Plaintiff. 33. Plaintiff failed to mitigate his damages. 34. If Answering Defendant was negligent, which is expressly denied, then the acts or omissions of Answering Defendant alleged to constitute negligence were not substantial factors or causes of the action or incident of which Plaintiff complains and/or did not result in the injuries or damages alleged by the Plaintiff. 35. The intervening negligent acts or omissions of other persons or entities may have constituted superseding causes of the accident or incident of which Plaintiff complains, and any -5- injuries or damages allegedly suffered by the Plaintiff were caused by such superseding negligence of other persons and/or entities. 36. Plaintiff is negligent as a matter of law for violations of the statutes and ordinances of the County where this alleged incident occurred and/or the Commonwealth of Pennsylvania. 37. Answering Defendant reserves the right to assert at the time of trial any and all affirmative defenses revealed through discovery. 38. Plaintiff's recovery may be barred by the doctrines of laches and estoppel. 39. Plaintiff's recovery may be barred by the doctrines of satisfaction and accord. 40. Pennsylvania Rule of Civil Procedure 238 regarding delay damages is unconstitutional. 41. Plaintiff's claims are barred by collateral estoppel and res judicata. 42. Plaintiff's claims are barred by the Worker's Compensation immunity defense. 43. Plaintiff's claims for medical expenses must be reduced by the total amount of any and all medical expenses charged, but not actually paid by or on behalf of plaintiff. Any amount of medical expenses claimed by Plaintiff must be reduced by any expenses written off or deducted by any health care provider. 44. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. Section 1701 et seq. and any amendments thereto. WHEREFORE, Answering Defendant denies any liability to any party to the within litigation, and demands that the Complaint against it be dismissed with prejudice, and that judgment be entered in its favor, together with costs and attorney's fees. -6- NEW MATTER CROSS-CLAIMS AGAINST DEFENDANTS, BLANK'S MOVING AND STORAGE COMPANY, INC., C& D TECHNOLOGIES, INC., AND PWR, LLC PURSUANT TO PA.R.C.P. 1031.1 45. Answering Defendant incorporates by reference the preceding paragraphs of its Answer with New Matter as though same were set forth herein at length, and hereby Cross- Claims against Defendants, Blank's Moving and Storage Company, Inc., C&D Technologies, Inc., and PWR, LLC pursuant to Pa. Rule of Civil Procedure 1031.1 as follows: 46. All liability of Answering Defendant is specifically denied, but if Plaintiff recovers from Answering Defendant based upon the allegations in Plaintiff's Complaint, the truth of which are denied, Answering Defendant is entitled to contractual and/or common law contribution and/or indemnification from Defendants, Blank's Moving and Storage Company, Inc., C&D Technologies, Inc., and PWR, LLC, in that the liability causing the conduct complained of in Plaintiffs Complaint, if true, was performed by and the responsibility of said Defendants. 47. The incident, as alleged in Plaintiff's Complaint, was not caused by the conduct of Answering Defendant, and if the Plaintiff suffered any injuries, losses and/or damages as alleged, said injuries, losses and/or damages were caused by the negligence and/or carelessness of the Defendants, Blank's Moving and Storage Company, Inc., C&D Technologies, Inc., and PWR, LLC, who are solely liable to Plaintiff or jointly and/or severally liable to Plaintiff or liable over to Answering Defendant. 48. Defendants, Blank's Moving and Storage Company, Inc., C&D Technologies, Inc., and PWR, LLC, owe Answering Defendant a duty of full indemnification and defense. 49. If Plaintiff recovers any verdict against Answering Defendant, Answering Defendant demands judgment in the amount of the verdict with full indemnity and contribution -7- according to the law, contractual and common law, against Defendants, Blank's Moving and Storage Company, Inc., C&D Technologies, Inc., and PWR, LLC. WHEREFORE, Answering Defendant denies any liability to any party to the within litigation, and demands that the Complaint against it be dismissed with prejudice, and that judgment be entered in his favor, together with costs and attorney's fees. In the alternative, Answering Defendant demands judgment against co-Defendants for indemnity and/or contribution. In the alternative, co-Defendants are directly liable to Plaintiff. POST & SCHELL, P.C. BY: MICHAEL J. SOSKA, JR., ESQUIRE Attorney for Defendant, YRC Worldwide, Inc. -8- VERIFICATION v`'?# 4,1-4-7P !/)*rifies that he is authorized to sign this verification on behalf of YRC Worldwide, Inc., a Defendant in this action, and that the facts set forth in the foregoing Answer to Plaintiffs Complaint with New Matter and New Matter Cross claims a,•e true and correct to the best of her information, knowledge and belief. It is understood that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -9- a010 Au6a3 A&A io:43 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. No. 09-8868 PRAECIPE TO REINSTATE COMPLAINT CODE: Filed on behalf of. Plaintiff, Jesse Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Firm I.D. 839 2500 Gulf Tower,, 707 Grant Street Pittsburgh, PA 15219 OA l r7. m p 1) Am-( alp 1068 50 l 4 yl 15ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO: David D. Buell, Prothonotary Cumberland County Courthouse One Courthouse Square, Suite 100 Carlisle, PA 17013 Please reinstate the Complaint in the above captioned matter. Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: - D. AARON RI?HN?IRE Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Reinstate Complaint was served this 16th day of August, 2010, by first class United States mail, postage pre-paid, upon counsel for the Defendants, addressed as follows: Leslie M. Greenspan, Esquire Stradley, Ronon, Stevens & Young 2600 One Commerce Square Philadelphia, PA 19103-7098 Joseph R. Fowler, Esquire Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: ?-- - _ D. AARON RIHN, ESQUIRE Counsel for Plaintiff STRADLEY, RONON, STEVENS & YOUNG, LLP By: Joseph McHale, Esquire Leslie M. Greenspan, Esquire Identification Nos. 65706 & 91639 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 JESSE PENNINGTON, Plaintiff, V. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. Attorneys for Plaintiff, C&D Technologies, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8868 La ' .l - 7TA w ANSWER TO CROSS-CLAIM OF DEFENDANT YRC WORLDWIDE, INC. Defendant C&D Technologies, Inc. ("C&D"), by and through its attorneys, Stradley, Ronon, Stevens & Young, LLP, answers the Cross-Claim of Defendant YRC Worldwide, Inc. as follows: 45. C&D incorporates by reference its Answer, New Matter, and Cross- Claims, as if set forth herein at length. 46-49. These allegations are conclusions of law, requiring no response. WHEREFORE, Defendant C&D Technologies, Inc. respectfully requests that judgment be entered in its favor and against all other parties, together with interest, costs, and other such and further relief that the Court deems appropriate. Joseph McHale, Esquire Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 Attorneys for Defendant, C&D Technologies, Inc. 2 .0 CERTIFICATE OF SERVICE I, Leslie M. Greenspan, Esquire, hereby certify that on August 26, 2010, I caused a copy of the foregoing to be served upon the individuals listed below by U.S. Mail, postage prepaid: D. Aaron Rihn, Esquire Robert Peirce & Associates, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 Blank's Moving and Storage Company, Inc. 619 Spruce St Reading, PA 19602 Defendant Attorneys for Plaintiff Michael J. Soska, Esquire Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103-2808 Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell PA 19422 Attorneys for Defendant PWR, LL( AtiorneYs,frar Defendant YRC Worldwide Inc. ?? 11 Leslie M. Greenspan # 1212022 WILLIAM J. FERREN & ASSOCIATES BY: Glenn M. Campbell, Esquire Attorney ID#: 51059 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 (215) 274-1745 JESSE PENNINGTON vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC OF THr Attorney for Defend PWR, LLC pL N& SYLVANA COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-8868 JURY TRIAL DEMANDED REPLY OF DEFENDANT, PWR, LLC, TO NEW MATTER CROSSCLAIM OF DEFENDANT, YRC WORLDWIDE, INC. Defendant, PWR, LLC, by and through their counsel, William J. Ferren & Associates, hereby file the Reply to New Matter Crossclaim of Defendant, YRC Worldwide, Inc., as follows: 45. Defendant, PWR, LLC, incorporates by reference its Answer and New Matter as if same were set forth herein in full. 46. Denied. This paragraph contains legal conclusions to which no further response is required. To the extent that it may contain factual allegations, same are denied. Defendant, PWR, LLC, incorporates by reference its Answer and New Matter as if same were set forth herein in full. Defendant denies that Defendant YRC Worldwide is entitled to contractual and/or common law indemnification from PWR, LLC. Defendant PWR further denies that the liability causing the accident resulted from any acts or omissions on the part of PWR. 47. Denied. This paragraph contains legal conclusions to which no further response is required. To the extent that it may contain factual allegations, same are denied. Defendant, PWR, LLC, incorporates by reference its Answer and New Matter as if same were set forth herein in full. Defendant denies that it was in any way negligent or careless, or that any acts or omissions on its part caused any injuries or damages to Plaintiff. Defendant denies that it is solely liable to Plaintiff or jointly and severally liable to Plaintiff or liable over to Defendant YRC Worldwide. 48. Denied. This paragraph contains legal conclusions to which no further response is required. To the extent that it may contain factual allegations, same are denied. Defendant, PWR, LLC, denies that it has a duty to indemnify or defend YRC Worldwide. 49. Denied. This paragraph contains legal conclusions to which no further response is required. To the extent that it may contain factual allegations, same are denied. Defendant, PWR_, LLC, denies that YRC Worldwide is entitled to a judgment in the amount of the verdict. Defendant further denies that YRC Worldwide is entitled to full indemnity or contribution, contractual or common law, against PWR. WHEREFORE, Defendant PWR, LLC, respectfully requests that judgment be entered in its favor and against Plaintiff and all other Defendants. WILLIAM J. FERRFN & ASSOCIATES By: Tenn M. Campbell, Esquire Attorney for Defendant PWR LI:C 2 VERIFICATION I, Glenn M. Campbell, state that I am the attorney for Defendant, PWR, LL(--', in this action, and that the statements made in the foregoing Reply to Crossclaim of Defendant YRC Worldwide are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. G.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: - / C, WILLIAM J. FERREN & ASSOCIATES BY: Glenn M. Campbell, Esquire Attorney ID#: 51059 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 (215) 274-1745 Attorney for Defendants PWR, LLC JESSE PENNINGTON vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-8868 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE [, Glenn M. Campbell, Esquire, do hereby certify that a true and correct copy of Reply of Defendant PWR, LLC to Crossclaim of Defendant YRC Worldwide, Inc. in the above-captioned matter was served via First Class U.S. Mail this ;?, l day of August, 2010, addressed as i _P_ follows: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Blank's Moving and Storage Company, Inc. 619 Spruce Street Reading, PA 19603 Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 Joseph R. Fowler, Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103-2808 WILLIAM J. FERREN & ASSOCIATES BY: Gle n M. Campbell, Esquire tornev for Defendant 10-6246E CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas JESSE PENNINGTON _VS - PWR, LLC, ET AL. Cumberland County No. 09-8868 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of GLENN M. CAMPBELL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) islare sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). tom' ?? ?. C ,? ?wa? dw Tr m ?, 'l.°J ?? 1 1 l DATE: 9/28/2010 N M. CR1 L ES PURE Counsel for Defendant .1 '. Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦,.=?. (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com JESSE PENNINGTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. PWR, LLC, ET AL. No. 09-8868 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS D. AARON RIHN, ESQUIRE ROBERT PIERCE & ASSOCIATES, PC 2500 GULF TOWER 707 GRANT STREET PITTSBURGH, PA 15219-1918 Please take notice there has been a request by GLENN M. CAMPBELL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to JESSE PENNINGTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: September 7, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page AM& Center City Legal Reproductions, Inc. CLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ' ' ¦ ' (215)732-1177 fax (215)732-5637 Online Services www.ccirine.com JESSE PENNINGTON CCLR File NO. 10-6246E vs. PWR, LLC, ET AL. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 9/7/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 9/28/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff (s) / defendant(s) D. AARON RIHN, ESQUIRE ROBERT PIERCE & ASSOCIATES, PC 2500 GULF TOWER 707 GRANT STREET PITTSBURGH, PA 15219-1918 A Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦! ?_. (215)732-1177 fax (215)732-5637 Online Services www.cclrine.com JESSE PENNINGTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. PWR, LLC, ET AL. No. 09-8868 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JOSEPH R. FOWLER, ESQUIRE POST & SCHELL FOUR PENN CENTER, 13TH FL. 1600 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 Please take notice there has been a request by GLENN M. CAMPBELL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to JESSE PENNINGTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: September 7, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page '''' •` Center City Legal Reproductions, Inc. CUR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦ (215)732-1177 fax (215)732-5637 Online Services www.ccirinc.com JESSE PENNINGTON CCLR File NO. 10-6246E vs. PWR, LLC, ET AL. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 9/7/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 9/28/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) JOSEPH R. FOWLER, ESQUIRE POST & SCHELL FOUR PENN CENTER, 13TH FL. 1600 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103 ¦'i. Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦._,.?!_! (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com JESSE PENNINGTON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. ' PWR, LLC, ET AL. No. 09-8868 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS LESLIE M. GREENSPAN, ESQUIRE STRADLEY RONON STEVENS & YOUNG ONE COMMERCE SQUARE SUITE 2600 2005 MARKET STREET PHILADELPHIA, PA 19103 Please take notice there has been a request by GLENN M. CAMPBELL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to JESSE PENNINGTON. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: September 7, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page ••' Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦. (215)732-1177 fax (215)732-5637 Online Services www.celrinc.com JESSE PENNINGTON CCLR File NO. 10-6246E vs. PWR, LLC, ET AL. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 9/712010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 9/28/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) LESLIE M. GREENSPAN, ESQUIRE STRADLEY RONON STEVENS & YOUNG ONE COMMERCE SQUARE SUITE 2600 2005 MARKET STREET PHILADELPHIA, PA 19103 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JESSE PENNINGTON VS PWR, LLC, ET AL. File No. 09-8868 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MILTON S. HERSHEY MEDICAL CENTER - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Jesse Pennington. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GLENN M. CAMPBELL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7197) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JESSE PENNINGTON VS PWR, LLC, ET AL. File No. 09-8868 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MILTON S. HERSHEY MEDICAL CENTER - RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all films, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to Jesse Pennington. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GLENN M. CAMPBELL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JESSE PENNINGTON VS PWR, LLC, ET AL. File No. 09-8868 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: OUR LADY OF BELLEFONT HOSPITAL - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Jesse Pennington. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GLENN M. CAMPBELL, ESQUIRE ADDRESS: CENTER CITY LEGAL ODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) . 6 JESSE PENNINGTON VS PWR, LLC, ET AL. File No. 09-8868 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: OUR LADY OF BELLEFONT HOSPITAL - RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all films, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to Jesse Pennington. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: GLENN M. CAMPBELL, ESQUIRE ADDRESS: CENTER CITY LEGA ODUCTIONS, INC. 123 SOUTH BROAD STOUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Deputy (Eff.7/97) I 2 "110 T 12 TITV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, No. 09-8868 PLAINTIFF'S MOTION FOR ALTERNATIVE SERVICE UPON DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. Defendants. CODE: Filed on behalf of. Plaintiff, Jesse Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Firm I.D. 839 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, VS. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. PLAINTIFFS MOTION FOR ALTERNATIVE SERVICE UPON DEFENDANT ,BLANK'S MOVING AND STORAGE COMPANY, INC. AND NOW, comes the Plaintiff, Jesse Pennington, by and through his undersigned counsel, D. Aaron Rihn, Esquire and the law firm of Robert Peirce & Associates, P.C., and files the following Motion for Alternative Service, and in support thereof avers of follows: 1. The Plaintiff initially filed this action on or around December 29, 2009. 2. This is a personal injury action in which the Plaintiff sustained severe and permanent injuries to his lower extremities allegedly as a result of the negligence of several Defendants, including the Defendant Blank's Moving and Storage Company, Inc. (hereinafter `Blank's") 3. The Plaintiff has made numerous unsuccessful efforts to serve the Defendant Blank's, and has a?ready reinstated the Complaint in this case on numerous occasions. 1 4. The Plaintiff initially attempted to serve Blank's at the address listed in the contracts in this case, as well as the address listed for Blank's with the Pennsylvania Corporation Bureau: 619 Spr4ke Street, Reading Pennsylvania 19603. 5. On or around February 5, 2010, the Plaintiff received a Proof of Service Form from the Berks County Sheriff s Department indicating that they were unable to serve Blank's at this address. The Sheriff indicated that address was currently registered to another corporate entity, and appeared to be locked and vacant. 6. The Plaintiff then obtained the identity of Blank's corporate officers, Raymond Kline and Barbara Kline, and attempted to serve them at 144 Hawthorne Court, Wyomissing, Pennsylvania 19160. This service attempt was addressed to Blank's Moving and Storage Company, Inc. c/o Raymond Kline. The Plaintiff received Proof of Service indicating that the Sheriff was unable to serve the Defendant at this address on on April 12, 2010. 7. The Plaintiff next contacted the Postmaster for both Reading, Pennsylvania and Wyomissing Pennsylvania to receive updated addresses for Blank's corporate officers Raymond Kline and Barbara Kline. The Plaintiff received a letter from the Reading Postmaster indicating that Raymond Kline and Barbara Kline were not known at the address given (see attached Exhibit A); and aletter from the Wyomissing Postmaster indicating that there was no change of address order on Ole for Raymond Kline or Barbara Kline (see attached Exhibit B). 8. Though various internet searches the Plaintiff obtained an alternative address for Raymond and B#bara Kline which was 144 Hawthorne Court, Reading, Pennsylvania 19160 as opposed to 144 H?wthorne Court, Wyomissing, Pennsylvania 19160. The Plaintiff contacted the Berks County Sheriffs Office before an attempt to effect service at this alternative address was 2 made, but was told that this address was considered to be the same as the address previously provided, and that the Sheriff had already made numerous unsuccessful attempts to serve Raymond and Barbara Kline at this address. 9. The Plaintiff searched public records on Westlaw and was unable to come up with any more recent addresses for Raymond or Barbara Kline. 10. The Plaintiff obtained the telephone number for the Defendant Blank's insurance agent, Selzer Company, from one of the other Defendants in this case and attempted to contact the agent via telephone to see if they could assist with service. The messages left at the number provided were not returned. 11. The Plaintiff dialed the telephone number associated with the 144 Hawthorne Court address, 601-670-8491, and spoke to a women who identified herself as Barbara Kline. Thus the Plaintiff believes that Raymond and Barbara Kline do in fact reside at this address. 12. The Plaintiff is including an Affidavit detailing his service attempts along with this Motion, which is attached as Exhibit C. 13. The Plaintiff respectfully requests permission from this Court to attempt alternative service through both an individual process server and regular first class mail with a certificate of mailing. Plaintiff will attempt both of these service measures simultaneously. WHEREFORE, the Plaintiff respectfully requests that this Court enter the attached Order granting him permission to attempt alternative service on the Defendant Blank's Moving and Storage Company; Inc. 3 Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: D. AARON RIHN, E Counsel for Plaintiff ottho ??ttlt??r t? ? 1 Robert Peirce & Associates P. G. Ko n S Porn ill tKY,I)tt,':A4i T T' 1t N le Y S A 1 1_ A =' )u.rl+li H,-lh,.u nv ff ) ver • 70 Grant -Street • Pittsburgh 00 Gull--F(- ?5 PA 15219-1918 - , --112-281-7220 • lelefax: 112-28 Telephone- _ , 1-4229 • Toil 1:rcc'. 1-800-54'-c)850 July 29, 2010 Postmaster Reading, PA 19603 Re: Pennington, Jesse v. Blank's Moving & Storage, et al. COLIF! of Common Picas of C"an,,Nerland County, scnnsylvania Docket No.: 09-8868 Our File No. 12699 Dear Sir or Madam: Please finnish the new address or the name and street address for the following: NAME: Raymond Kline ADDRESS: P4 Box 1571 Reading, PA 19603 NOTE: The last known name and address are required for change of address information. The name, if known, and post office box address are required for boxholdcr information. The following information is provided in accordance with 39 CItiR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CI;R 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. Capacity of requester: Attorney Parties to the litigation: Jesse Pennington v. Blank's Moving & Storage, et al'. TT)e Court in which the case has been or will be heard: ri.IWt 10D (:trY, PA C FICU Common Pleas of Cumberland County. Pennsylvania 1361,,vl, o & rclme , W tiox -H4, 324 sins Avcnm The docket or other identifying number, if one has been issued: i:n,wo:i (a;, PA 16117 rx XHIBIT 1- .'.Y `r56 5531 09-8868 A Postmaster July 29, 2010 Page Two The capacity in which this individual is to be served: Potential Defendant WARNING: THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER. THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES, INCLUDING A FINE OF UP TO $10,000.00 OR IMPRISONMENT OR (2) TO AVOID Pl YMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address infornmation is needed and will be used solely for service of legal process in connection with actual or prospective litigation. D. AARON RIHN, ESQUIRE Robert Peirce & Associates, P.C. 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219-191.2 (412) 251-7229 FOR POST OFFICE USE ONLY No change of address order on file NEW ADDRESS or BOXHOLDER'S POSTMARK: i /FNot known at address given Moved, left no forwarding address No such address DARIah NAME AND STREET ADDRESS: Rabat N. Fek e, jr. Madr i Corker (FL. ?K Wiry Robat N. ma, tit (i(Y.oH. wv) Robes E Delcy H. WV) beflissim . Gould (WV) 5 nuo A D. Amon It" (WV) Chad 2 Shannon (WV) EliabnbA. 00ppaw (WV) tkmdon F. Nermm (WV) Kdie C. Sehnekhr (VVV) Arthur Lebovkr tobert Peirce & Associates, P. C. A, T T O R N E Y S A T L A W 2500 Gulf Tower - 707 Grant Street - Pittsburgh, PA 15219-1918 Telephone: 412-281-7229 - Telefax: 412-281-4229 - Toll Free: 1-800-543-9859 July 29, 2010 Postmaster ? eading, PA 19610 Re: Pennington, Jesse v. Blank's Moving & Storage, et al. Court of Common Pleas of Cumberland County, Petmsylyania Docket No.: 09-8868 Our File No. 12699 [dear Sir or Madam: Please furnish the new address or the name and street address for the following: NAME: ADDRESS: Barbara Kline PO Box 1571 Reading; PA 19603 l OTE: The last known name and address are required for change of address information. the name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. Capacity of requester: Attorney Parties to the litigation: Jesse Pennington v. Blank's Moving & Storage, et al. I] WOOD Cn11. ?A OFFICE edbs$iMn ar Pena PO. lour 444.324 Sims Avenue Ellwood City. PA 16117 1-724-758-5544 Tf1e Court in which the case has been or will be heard: Common Pleas of Cumberland County, Pennsylvania The docket or other identifying number, if one has been issued: 09-8868 .4Wt: Postmaster July 29. 2010 Page Two The capacity in which this individual is to be served: Potential Defendant WARNING: THE SUBMISSION PF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR 13OXBOLDER INF'ORIVIATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION'COULD RESULT IN CRIMINAL PENALTIES, INCLUDING A FINE OF UP TO 510,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR. CHANGE OF ADDRESS INFORMATION OF NOT .TORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that tlte above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. By: } t z C.' h D. AARON RIHN, ESQUIRE Robert Peirce & Associates, P.C. 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219-1912 (412) 281-7229 FOR POST OFFICE USE ONLY No change of address order on file Not known at address given i'tloved, left no forwarding address No such address DAR1ah NEW ADDRESS or BOXHOLC7EIZ`S POSTMARK: NAME AND STREET ADDRESS: Rabat N. Peiere. Jr. Mark T. CoWta (Ft, NY. WV) Robert N. Peitoe. W (KY. OH. WV) Robert F. Wry (OH. WV) Jtaeph AeA4simo Shama A. Gonki (WV) D. Aartm Alba (WV) Chad K Sbrurou (%M Ehubetb A. Chkrp M (WV) We C. Sdmdda (WV) Arthur Ldwvkz ]Robert Peirce & Associates P- C. A T T 0 R N E Y S A T L A W 200 Gulf Tower - 707 Grant Street -'Pittsburgh, PA 15219-1918 T lenhone: 412-281-7229 - Telefax: 412-281-4229 - Toll Free: 1-800-543-9859 July 29, 2010 SMOOD CITY. PA OFFICE ad kdmo & ftl m P.O. Door 444.324 Sims Avenue ®wood City. PA 16117 1-724. WSS44 Mown postmaster Wyomissing, PA 19610 Re: Pennington, Jesse v. Blank's Moving & Storage, et al. Coal, of Common Pleas of Cumberland County, Pennsylvania Docket No.: 09-8868 Our File No. 12699 Dear Sir or Madam: Please furnish the new address or the name and street address for the following: NAME: Raymond Kline ADDRESS: 144 Hawthorne Court Wyomissing, PA 19610 OTE: The last known name and address are required for change of address information. The name, if known, and post office box address are required for boxholder information. Tie following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is n fee for providing boxholder information. The fee for providing change of address i formation is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. Capacity of requester: Attorney P? ies to the litigation: Jesse Pennington v. Blank's Moving & Storage, et al. Tl a Court in which the case has been or will be heard: Common Pleas of Cumberland County, Pennsylvania I Tt a docket or other identifying number, if one has been issued: I E 09-8868 XHIBIT Postmaster July 29, 2010 Page Two The capacity in which t1his individual is to be served: Potential Defendant WARNING: THE SUBMISSION F FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR OXHOLDER INFORMATION FOR. ANY PURPOSE O'T'HER THAN THE SERVICE OF LEGAL PI ; IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIM1Nt?l, PENALTIES, INCLUDING A FINE OF UP TO S 10,000.00 OR IMPRISONMENT OR (2) `I'O AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE TIJAN 5 YE:AR? , OR BOTH (TITLE 18 U.S.C. SECTION 1001). 1 certify that the above information is true and that the address information is needed and will be used solely for service of legal process bn connection with actual or prospective litigation. By: 6"? D. AARON RIHN, ESQUIRE Robert Peirce & Associates, P.C. 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219-1912 (412) 281-7229 FOR POST OFFICE USE ONLY 11)14;;? No change of address order on file Not known at address given Moved, left no f4warding address No such address NEW ADDRI SS'or BOXHOLDER'S POSTMARK: A,r- 2010 NAME AND STREET ADDRESS: DAR/ah 4 Robert N. hilm. Jr. Robert Peirce & Associates RC. Mutt T. Co&Affulter (FL. NY. W V) Robert N. Peitae. 01(KY.0H. WV) Ruben F Daley (OH. WV) A T T O R N E Y S A T !_ A W Sharon A. C"M ) CbW P? 200 Gulf Tower - 707 Grant Street - Pittsburgh, PA 15219-1918 FJintbedtA.Cbiap M(WV) TOephone: 412-281-7229 - Telefax: 412-281-4229 - Toll Free: 1-800-543-9859 Parton P NCWVM (WV) Kclle C. schotwer (WV) Arthur Lebovitz July 29, 2010 ostmaster Wyomissing, PA 19610 Re: Pennington, Jesse v. Blank's Moving & Storage, et al. Court of Common Pleas of Cumberland County, Pennsylvania Docket No.: 09-8868 Our File No. 12699 Dear Sir or Madam: Olease fumish the new address or the name and street address for the following: NAME: Barbara Kline ADDRESS: 144 Hawthorne Court. Wyomissing, PA 19610 DOTE: The last known name and address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. C4pacity of requester: Attorney Parties to the litigation: Jesse Pennington v. Blank's Moving & Storage, et al. Tlie Court in which the case has been or will be heard: ELLWOODCrrY.PAOMCE Common Pleas of Cumberland County, Pennsylvania ldkolmd' & Pick= P.O. hoot 444.324 Sitar Avenue Tl a docket or other identifying number, if one has been issued: Swood QX PA 16117 1.724-758-5544 09-8868 Postmaster July 29, 2010 Pauc Two The capacity in which this individual is to be served: Potential Defendant WARNING: -[-HE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR IJOXHOLDER INFORMATION FOR ANY :PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCES? IN' CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES, INCLUDING A FINE OF UP TO 510,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT NIORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above jnformation is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. By: D. AARON RIHN, ESQUIRE Robert Peirce & Associates, P.C. 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219-1912 (412) 281-7229 FOR POST OFFICE USE ONLY No change of address order on file Not known at address given Moved, left no rorxarding address No such address NEW :ADDRESS or BOXHOLDER'S POSTMARK: NAME'AND STREET ADDRESS: DAR/ah IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE C.; and PWR, LLC, Defendants. No. 09-8868 AFFIDAVIT OF D. AARON RIHN CODE: Filed on behalf of: Plaintiff, Jesse Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Firm I.D. 839 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S M6VING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIgS, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. AFFIDAVIT OF D. AARON RIHN 1. The Plaintiff initially filed this action on or around December 29, 2009. 2. This is a personal injury action in which the Plaintiff sustained severe and permanent injuries to his lower extremities allegedly as a result of the negligence of several Defendants, including the Defendant Blank's Moving and Storage Company, Inc. (hereinafter "Blank's") 3. The Plaintiff has made numerous unsuccessful efforts to serve the Defendant Blank's, and has 41ready reinstated the Complaint in this case on numerous occasions. 4. Thy Plaintiff initially attempted to serve Blank's at the address listed in the contracts in this c4se, as well as the address listed for Blank's with the Pennsylvania Corporation Bureau: 619 Spru4e Street, Reading Pennsylvania 19603. 5. On or around February 5, 2010, the Plaintiff received a Proof of Service Form from the Berks Cdunty Sheriff"s Department indicating that they were unable to serve Blank's at 1 this address. The, Sheriff indicated that the address was currently registered to another corporate entity, and appeared to be locked and vacant. 6. The Plaintiff then obtained the identity of Blank's corporate officers, Raymond Kline and Barbara Kline, and attempted to serve them at 144 Hawthorne Court, Wyomissing, Pennsylvania 11160. This service attempt was addressed to Blank's Moving and Storage Company, Inc. cVo Raymond Kline. The Plaintiff received Proof of Service indicating that the Sheriff was unab?e to serve the Defendant at this address on April 12, 2010. 7. The Plaintiff next contacted the Postmaster for both Reading, Pennsylvania and Wyomissing, Pennsylvania to receive updated addresses for Blank's corporate officers Raymond Kline and Barbara Kline. The Plaintiff received a letter from the Reading Postmaster indicating that Raymond Kline and Barbara Kline were not known at the address given, and a letter from the Wyomissing ±Postmaster indicating that there was no change of address order on file for Raymond Kline dr Barbara Kline. 8. Through various internet searches the Plaintiff obtained an alternative address for Raymond and Barbara Kline which was 144 Hawthorne Court, Reading, Pennsylvania 19160 as opposed to 144 Hawthorne Court, Wyomissing, Pennsylvania 19160. The Plaintiff contacted the Berks County Sheriff's Office before an attempt to effect service at this alternative address was made but was told that this address was considered to be the same as the address previously provided, and the Sheriff already made numerous unsuccessful attempts to serve Raymond and Barbara Kline at t?is address. 9. Thy Plaintiff searched public records on Westlaw and was unable to come up with any more recent addresses for Raymond or Barbara Kline. 2 10. The Plaintiff obtained the telephone number for the Defendant Blank's insurance agent, Selzer Company, from one of the other Defendants in this case and attempted to contact the agent via telephone to see if they could assist with service. The messages left at the number provided were not returned. 11. The Plaintiff dialed the telephone number associated with the 144 Hawthorne Court address, 661-670-8491 and spoke to a women who identified herself as Barbara Kline. Thus the Plaintiff believes that Raymond and Barbara Kline do in fact reside at this address. FURTHEV,, Affiant sayeth not. This 7t' day of October, 2010. D. AARON RIHN, ESQU 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINbTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGI, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Motion for Alternative Service on Defendant Blank's Moving and Storage Company, Inc. was served this 7th day of October, X010, by first class United States mail, postage pre-paid, upon counsel for the Defendants, addr0sed as follows: Leslie M. Greenspan, Esquire Joseph R. Fowler, Esquire Glenn M. Campbell, Esquire Stradley, Ronon, Stevens & Young Post & Schell, P.C. William J. Ferren & Associates 2600 One Commerce Square Four Penn Center 10 Sentry Parkway Philadelphia, PA 19103-7098 1600 John F. Kennedy Boulevard Suite 301 Philadelphia, PA 19103 Blue Bell, PA 19422 Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: D. AARON RIHN, ESQUIRE Counsel for Plaintiff Robert N. , jr. Mark T Coul Coul M ter (FL ter (Ft WV) NY Mark ?. Robert Peirce & Associates , . , Robert N. Peirce, III (KY, OH, WV) , Robert E Daley (OH, WV) Sharon A. Gould (WV) A T T O R N E Y S A T L A W D. Aaron Rihn (WV) tt (WV) Chad P 25,100 Gulf Tower • 707 Grant Street • Pittsburgh, PA 15219-1918 h A, C Bi ndoRP Neu Neuman Telephone: 412-281-7229 • Telefax: 412-281-4229 • Toll Free: 1-800-543-9859 Kelie C. Schneider (WV) Scott M. Simon Arthur Lebovitz October 7, 2010 /f?avid D. Buell, Prothonotary C4mberland County Courthouse One Courthouse Square, Suite 100 C?rlisle, PA 17013 Re: Pennington, Jesse v. Blank Moving & Storage, et al. Court of Common Pleas of Cumberland County, Pennsylvania Docket No.: 09-8868 Our File No. 12699 Doar Mr. Buell: Enclosed for filing in your office are the original and two true and correct copies of the Plaintiffs Motion for Alternative Service on Defendant Blank's Moving and Storage Company, Inc. Pursuant to a discussion I had with the Court Administrator, I have enclosed tN4o alterative Orders to the Motion to be forwarded to the Honorable M.L. Ebert, Jr. Upon filing, would you kindly return a date and time stamped copy of the Motion to my attention in the enclosed, self-addressed, stamped envelope. Thank you for your assistance with this matter. Please let me know if you require and additional information or documentation. Sincerely, D. AARON RIHN /ah Enclosures cc: Honorable M.L. Ebert, Jr. Leslie M. Greenspan, Esquire Joseph R. Fowler, Esquire ELLWOOD CITY, PA OFFICE Glenn M. Campbell, Esquire Bellissimo & Peirce P.Q. Box 444, 120 4th Street Ellwood City, PA 16117 1-724-758-5544 12 :.r/ ~c ,, ' , OCj ' ~ ti1~lU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. ORDER AND NOW, to-wit, this `~~~ day of ~ c~~b er ', c ~ 0 '!~ -p 3 v ~ 2~ ~ ~ ~~ _~ ~~ r~ ~ ~~ c-~ 3 z'rx c~ r,-~ ~°° ° rn .-.~ rv ..~ . D -~ ^' ~ 2010, upon consideration of the Plaintiffs Motion for Alternative Service on Defendant Blank's Moving and Storage Company, Inc., it is hereby ORDERED, ADJUDGED, and DECREED that the Plaintiff has permission to attempt alternative service through both an individual process server and regular first class mail with a certificate of mailing. BY THE COURT: ~.M. EBERT, JR. ~Q ~ y /'Ylc7.l. l~k. ~L.I~i~j loj~s~lp d~ i STRADLEY, RONON, STEVENS & YOUNG, LLP By: Joseph McHale, Esquire Leslie M. Greenspan, Esquire Brian P. Seaman, Esquire Identification Nos. 65706, 91639 & 91024 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 JESSE PENNINGTON, Plaintiff, v. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. Attorneys for Defendant, C&D Technologies, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8868 ~> _~- °~'3 .r i T j T""'' -... $`r~ r ' ~ •~-~. c-> ~, ENTRY OF APPEARANCE y TO THE PROTHONOTARY: Please enter the appearance of Brian P. Seaman, Esquire, of Stradley Ronon Stevens & Young, LLP, as co-counsel on behalf of Defendant, C&D Technologies, Inc., in connection with the above-captioned matter. ~..~ ° ~~ ~ ~:., -+ -~~ . --r -r~ tv =~~ ~ --~ n --~ =~ -~ ©-T, v ~rn ~; v co ~ -< Leslie l~'9~ reenspan, Esquire Brian P. aman, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 Attorneys for Defendant, C&D Technologies, Inc. 1 CERTIFICATE OF SERVICE I, Brian P. Seaman, hereby certify that on October 26, 2010, I caused a true and correct copy of the foregoing to be served, postage prepaid via first class, U.S. mail, upon the following: D. Aaron Rihn, Esquire Robert Peirce & Associates, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 Blank's Moving and Storage Company, Inc. 619 Spruce Street Reading, PA 19602 Defendant Attorneys for Plaintiff Michael J. Soska, Esquire Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103-2808 Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell PA 19422 Attorneys for Defendant PWR, LLC Attorneys, for Defendant YRC Worldwide Inc. Bri P. Seaman # 1248539 ??,??}..Or E=iCc l T-4- PROTHONOTAR t?11' -?@ 11= 09 U pE N NSYLVAN AST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. No. 09-8868 PRAECIPE TO REINSTATE COMPLAINT CODE: Filed on behalf of. Plaintiff, Jesse Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Firm I.D. 839 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219 Q,,,k ? .Cry?d aHy CY,t# b3837 E*as4Jloa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO: David D. Buell, Prothonotary Cumberland County Courthouse One Courthouse Square, Suite 100 Carlisle, PA 17013 Please reinstate the Complaint in the above captioned matter. Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: D. AARON RIHN, ESQUIRE Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Reinstate Complaint was served this 22nd day of February, 2011, by first class United States mail, postage pre-paid, upon counsel for the Defendants, addressed as follows: Leslie M. Greenspan, Esquire Stradley, Ronon, Stevens & Young 2600 One Commerce Square Philadelphia, PA 19103-7098 Joseph R. Fowler, Esquire Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: D. AARON RIHN, ESQUIRE Counsel for Plaintiff n . 1 f .fir OFFICE { I R?E'iH0N0TARV 101 ! "PAR I I AM II: 5 i.? CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. No. 09-8868 PRAECIPE TO REINSTATE COMPLAINT CODE: Filed on behalf of. Plaintiff, Jesse Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Firm I.D. 839 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219 Cr ik loyl&94 J L74d5-77 9 '{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. PRAECIPE TO REINSTATE COMPLAINT TO: David D. Buell, Prothonotary Cumberland County Courthouse One Courthouse Square, Suite 100 Carlisle, PA 17013 Please reinstate the Complaint in the above captioned matter. Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: ?/?n i D. AARON RIHN, ESQUIRE Counsel for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Praecipe to Reinstate Complaint was served this 6t' day of April, 2011, by first class United States mail, postage pre- paid, upon counsel for the Defendants, addressed as follows: Leslie M. Greenspan, Esquire Joseph R. Fowler, Esquire Glenn M. Campbell, Esquire Stradley, Ronon, Stevens & Young Post & Schell, P.C. William J. Ferren & Associates 2600 One Commerce Square Four Penn Center 10 Sentry Parkway Philadelphia, PA 19103-7098 1600 John F. Kennedy Boulevard Suite 301 Philadelphia, PA 19103 Blue Bell, PA 19422 Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By:? D. AARON RIHN, ESQUIRE Counsel for Plaintiff n y OF T TAp HE LPROTHONO Randall G. Gale, Esquire 2011 JUL -7 AM 11; 50 Attorney No. 26149 305 North Front Street, 6`" Floor CUMBERLAND COUNTY P.O. Box 999 PENNSYLVANIA Harrisburg, PA 17108-0999 717-255-7648; Fax: 717-237-7100 Attorneys for Defendant Blank's Moving and rgale@tthlaw.com Storage Company, Inc. JESSE PENNINGTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY vs. No. 09-8868 Civil Term BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. ENTRY OF APPEARANCE Please enter my appearance on behalf of Blank's Moving and Storage Company, Inc. THOMAS, THOMAS & HAFER, LLP By: R ndalt G. Gale, Esquire y" A mey Id. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648; Fax: 717-237-7105 rgale ,-tthlaw.com Attorney for Defendant Blank's Moving and Storage Company, Inc. 963815.1 CERTIFICATE OF SERVICE I, Randall G. Gale, Esquire of the law firm of Thomas, Thomas, & Hafer, LLP, Attorneys for Defend nt Blank's Moving a Storage Company, Inc., do 1 certify that on the w day of , 2011, 1 placed a true and correct copy of the within document to thb following D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 COUNSEL FOR PLAINTIFF Michael J. Soska, Jr., Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 COUNSEL FOR DEFENDANT YRC WORLDWIDE INC. Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 COUNSEL FOR DEFENDANT C&D TECHNOLOGIES, INC. Glenn M. Campbell, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 COUNSEL FOR DEFENDANT PWR, LLC THOMAS, THOMAS & HAFER, LLP By. - 4xvial, /11 - R all G. Gale O TfiE PRO NOfyp TA lq Randall G. Gale, Esquire 2', JU Attorney No. 26149 2 Q 305 North Front Street, 6th Floor rUMBERLAND P.O. Box 999 OENMSYLVAPOl? Harrisburg, PA 17108-0999 CA 717-255-7648; Fax: 717-237-7100 A Attorneys for Defendant Blank's Moving and rgale(cDtthlaw.com Storage Company, Inc. JESSE PENNINGTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY vs. : No. 09-8868 Civil Term BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. REPLY OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. TO CROSS CLAIM OF DEFENDANT PWR. LLC AND NOW, comes the Defendant Blank's Moving and Storage Company, Inc. and files this Reply to Cross Claim of Defendant PWR, LLC. 35. Answering Defendant incorporates by reference its Answer and New Matter to Plaintiff's Complaint. 36. Denied. It is denied that the Defendant Blank's Moving and Storage Company, Inc. is directly liable to the Plaintiff, jointly and severally liable or liable over to the Plaintiff or Defendant PWR under theories of contribution or indemnification. The remainder of the averments of paragraph 36 of the Cross Claims of Defendant PWR, LLC are directed to Defendants other than the Answering Defendant and therefore no response is required. WHEREFORE, the Defendant Blank's Moving and Storage Company, Inc. demands that Judgment be entered in its favor and against all other parties to this action. THOMAS, THOMAS & HAFER, LLP By: 11;"JqVmraeirj II G. Gale, squire Attorney Id. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648; Fax: 717-237-7105 rgale _tthlaw.com Attorney for Defendant Blank's Moving and Storage Company, Inc. 964128.1 2 I . CERTIFICATE OF SERVICE I, Randall G. Gale, Esquire of the law firm of Thomas, Thomas, & Hafer, LLP, Attorneys for Defendant Blank's Moving and Storage Company, Inc., do certify that on the day of Zj ?L4 2011, 1 mailed a true and correct copy of the within document to /he following: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 COUNSEL FOR PLAINTIFF Michael J. Soska, Jr., Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 COUNSEL FOR DEFENDANT YRC WORLDWIDE INC. Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 COUNSEL FOR DEFENDANT C&D TECHNOLOGIES, INC. Glenn M. Campbell, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 COUNSEL FOR DEFENDANT PWR, LLC THOMAS, THOMAS & HAFER, LLP /Z & A// X, , /z By: R all G. Gale 3 VERIFICATION I, RANDALL G. GALE, ESQUIRE, have read the foregoing REPLY OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. TO CROSS CLAIM OF DEFENDANT PWR, LLC, and hereby affirm that it is true and correct to the best of my personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S.§4904. Vx " J G. GALE, ESQUIRE Dated: 7-- ?- It 964149.1 CE TI-It PRO THONO ? TA Randall G. Gale, Esquire 21? j 1 Attorney No. 26149 JUL 12 Anil: 305 North Front Street, 6" Floor P.O. Box 999 CUMBERLANp COUPd7?J Harrisburg, PA 17108-0999 717-255-7648; Fax: 717-237-7100 PENNS Y LVANIA Attorneys for Defendant Blank's Moving and rgale tthlaw.com Storage Company, Inc. JESSE PENNINGTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY vs. No. 09-8868 Civil Term BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. REPLY OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. TO CROSS CLAIM OF DEFENDANT YRC WORLDWIDE INC. AND NOW, comes the Defendant Blank's Moving and Storage Company, Inc. and files this Reply to Cross Claim of Defendant YRC Worldwide Inc. 45. Denied. It is denied that Defendant Blank's Moving and Storage Company, Inc. is liable on the Cross Claim of Defendant YRC Worldwide Inc. The remainder of the averments of paragraph 45 of the Cross Claims of Defendant YRC Worldwide Inc. are neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. 46. Denied. It is denied that Answering Defendant is liable to Defendant YRC Worldwide Inc. based on contractual or common law contribution or indemnification. Answering Defendant incorporates by reference its Answer and New Matter to the Complaint of the Plaintiff. Whether Defendant YRC Worldwide Inc. has liability to the Plaintiff is neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. The remainder of the averments of paragraph 46 of the Cross Claims of Defendant YRC Worldwide Inc. are directed to Defendants other than the Answering Defendant and therefore no response is required. 47. Denied. It is denied that the Answering Defendant was negligent or careless and it is denied that Answering Defendant caused any injury, loss or damage to Plaintiff. It is further denied that Answering Defendant is solely liable, jointly or severally liable to Plaintiff or liable over to Defendant YRC Worldwide Inc. The averment as to causation by Defendant YRC Worldwide Inc. is neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. The remainder of the averments of paragraph 47 are directed to Defendants other than the Answering Defendant and therefore no response is required. 2 48. Denied. It is denied that Answering Defendant owes Defendant YRC Worldwide Inc. a duty of indemnification and defense. The remainder of the averments of paragraph 48 of the Cross Claims of Defendant YRC Worldwide Inc. are directed to Defendants other than the Answering Defendant and therefore no response is required. 49. Denied. It is denied that Answering Defendant is liable to Defendant YRC Worldwide Inc. for indemnity or contribution. The remainder of the averments of paragraph 49 are directed to Defendants other than the Answering Defendant and therefore no response is required. WHEREFORE, the Defendant Blank's Moving and Storage Company, Inc. demands that Judgment be entered in its favor and against all other parties to this action. THOMAS, T MAS & HAFER, LLP By: R all G. Gale, Esquire Attorney Id. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648; Fax: 717-237-7105 rgale _tthlaw.com Attorney for Defendant Blank's Moving and Storage Company, Inc. 964067.1 3 CERTIFICATE OF SERVICE I, Randall G. Gale, Esquire of the law firm of Thomas, Thomas, & Hafer, LLP, Attorneys for Defendant Blank's Moving and Storage Company, Inc., do certify that on the day of T-,t/j l6d , 2011, 1 mailed a true and correct copy of the within document to th following: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 COUNSEL FOR PLAINTIFF Michael J. Soska, Jr., Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 COUNSEL FOR DEFENDANT YRC WORLDWIDE INC. Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 COUNSEL FOR DEFENDANT C&D TECHNOLOGIES, INC. Glenn M. Campbell, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 COUNSEL FOR DEFENDANT PWR, LLC THOMAS, THOMAS & HAFER, LLP By: dall G. Gale 4 VERIFICATION I, RANDALL G. GALE, ESQUIRE, have read the foregoing REPLY OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. TO CROSS CLAIM OF DEFENDANT YRC WORLDWIDE INC. and hereby affirm that it is true and correct to the best of my personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S.§4904. 'Ai;W)WAldr i NI7 L G. GALE, ESQUIRE Dated: 964136.1 OF THE P?OTHFONOTARY Randall G. Gale, Esquire Attorney No. 26149 2111 JUL 2 All +1: O0 305 North Front Street, 6t' Floor P.O. Box 999 OUMBERLAND COUNTY Harrisburg, PA 17108-0999 fi'ENNS Y 717-255-7648; Fax: 717-237-7100-yAl,l1A Attorneys for Defendant Blank's Moving and rgale( tthlaw.com Storage Company, Inc. JESSE PENNINGTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY vs. No. 09-8868 Civil Term BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, : Defendants. REPLY OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. TO CROSS CLAIM OF DEFENDANT C&D TECHNOLOGIES, INC. AND NOW, comes the Defendant Blank's Moving and Storage Company, Inc. and files this Reply to the Cross Claim of Defendant C&D Technologies, Inc. 1. Denied. The averments of paragraph 1 of Defendant C&D Technologies, Inc. Cross Claims against Co-Defendants are neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. 2. The Answering Defendant incorporates by reference its Answer and New Matter to Plaintiff's Complaint as if set forth at length herein. 3. Denied. It is denied that the Answering Defendant was negligent or breached any duty to Plaintiff and it is denied that Answering Defendant caused any injury or damage to the Plaintiff. The averment that Defendant C&D Technologies, Inc. did not cause injury or damages to the Plaintiff is neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. The remainder of the averments of paragraph 3 of Defendant C&D Technologies, Inc. are directed to Defendants other than the Answering Defendant and therefore no response is required. 4. Denied. It is denied that Answering Defendant is liable to the Plaintiff solely or jointly and it is denied that Answering Defendant is liable over to Defendant C&D Technologies, Inc. for contribution or common law indemnification. Whether Defendant C&D Technologies, Inc. is liable to the Plaintiff is neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. The remainder of the averments of paragraph 4 of Defendant C&D Technologies, Inc.'s Cross Claims against Co-Defendants are directed to Defendants other than the Answering Defendant and therefore no response is required. 2 WHEREFORE, the Defendant Blank's Moving and Storage Company, Inc. demands that Judgment be entered in its favor and against all other parties to this action. THOMAS, THOMAS & HAFER, LLP By. all G. Gale, Esquire Attorney Id. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648; Fax: 717-237-7105 r-galec@-fthlaw.com Attorney for Defendant Blank's Moving and Storage Company, Inc. 964095.1 CERTIFICATE OF SERVICE I, Randall G. Gale, Esquire of the law firm of Thomas, Thomas, & Hafer, LLP, Attorneys for Defendant Blank's Moving and Storage Company, Inc., do certify that on the day of 2011, 1 mailed a true and correct copy of the within document tot a following: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 COUNSEL FOR PLAINTIFF Michael J. Soska, Jr., Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 COUNSEL FOR DEFENDANT YRC WORLDWIDE INC. Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 COUNSEL FOR DEFENDANT C&D TECHNOLOGIES, INC. Glenn M. Campbell, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 COUNSEL FOR DEFENDANT PWR, LLC THOMAS, THOMAS & HAFER, LLP r By: dall G. Gale 4 VERIFICATION I, RANDALL G. GALE, ESQUIRE, have read the foregoing REPLY OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. TO CROSS CLAIM OF DEFENDANT C&D TECHNOLOGIES, INC. and hereby affirm that it is true and correct to the best of my personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S.§4904. RA L G. GALE, ESQ IRE ?'-( Dated: 964145.1 .! FILED-OF Ii E 1= THE PR0T`10N0T°;117, , Randall G. Gale, Esquire 2011 JUL 18 PM ?. Attorney No. 26149 12 305 North Front Street, 6'h Floor P.O. Box 999 CUMBERLAND COUN i Harrisburg, PA 17108-0999 PENNSYLVANIA 717-255-7648; Fax: 717-237-7100 Attorneys for Defendant Blank's Moving and rgale0fthlaw.com Storage Company, Inc. JESSE PENNINGTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, : Defendants. No. 09-8868 Civil Term ANSWER AND NEW MATTER OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. AND NOW comes the Defendant Blank's Moving and Storage Company, Inc. and files this Answer and New Matter to the Complaint of Jesse Pennington. 1. Denied. The averments of paragraph 1 of Plaintiff's Complaint are neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. 2. Admitted in part and denied in part. It is admitted that Blank's Moving and Storage Company, Inc. is a corporate entity. It is denied that it has a principal place of business located at 619 Spruce Street, Reading, Pennsylvania 19603. On the contrary, Blank's Moving and Storage Company, Inc. is closed and out of business. 1-16. Denied. The averments of paragraphs 3 through 16 of Plaintiff's Complaint are neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. COUNT I - NEGLIGENCE PLAINTIFF v. ALL DEFENDANTS 17. Answering Defendant incorporates by reference its responses to paragraphs 1 through 16 of Plaintiff's Complaint as if set forth at length herein. 18. Denied. The averments of paragraph 18 of Plaintiffs Complaint are conclusions of law to which no response is required. To the extent a response may be deemed to be required it is denied that Answering Defendant or any of its agents, employees and/or servants breached any alleged duty to Plaintiff. 19. Denied. It is specifically denied that Answering Defendant or any of its agents, employees and/or servants were in any way negligent. It is further denied that Answering Defendant or any agent, employees and/or servants of Answering Defendant caused any injuries or damages to the Plaintiff. Based on the lack of specific identification of any alleged agents, employees and/or servants of Answering Defendant the averment that same were acting within the scope of their employment is neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a 2 belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. The subparagraphs 19 (a-e) are denied and put in issue pursuant to Pa.R.Civ.P. 1029(e). 20. Denied. It is denied that Answering Defendant was negligent and it is denied that Answering Defendant caused any injuries to Plaintiff. The remaining averments of paragraph 20 of Plaintiff's Complaint are neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. 21 (a-d). Denied. It is denied that Answering Defendant was negligent and it is denied that Answering Defendant is strictly liable and it is denied that Answering Defendant caused any injuries or damages to Plaintiff. The remaining averments of Paragraph 21 (a-d) are neither admitted nor denied in that after reasonable investigation the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are therefore deemed to be denied and proof thereof is demanded. WHEREFORE, the Defendant Blank's Moving and Storage Company, Inc. demands that judgment be entered in its favor and against the Plaintiff Jesse Pennington. 3 NEW MATTER 22. No actions or failure to act on the part of the Answering Defendant were a substantial factor or factual cause or proximate cause in bringing about the injuries or damages claimed in Plaintiff's Complaint. 23. Plaintiff's claims are subject to the provisions and limitations of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa. C.S.A. § 1701 et. seq., as amended. 24. Plaintiff's recoverable damages are or may be affected by his tort election. 25. Plaintiff's claims are barred by the Worker's Compensation Immunity Defense. 26. Plaintiff's Complaints are or may be limited by virtue of any Release entered into by him in regard to this matter. 27. The incident of which Plaintiff complains allegedly occurred on August 18, 2008. 28. Answering Defendant was not served with process until 2011. 29. Plaintiff's claim is barred or should be dismissed because the Plaintiff failed to secure subject matter jurisdiction over Answering Defendant, as Plaintiff failed to timely and properly serve Answering Defendant with original process pursuant to the Pennsylvania Rules of Civil Procedure. 30. Plaintiff's claims are barred by the applicable two year statute of limitations. 4 31. Answering Defendant did not breach any duty of care as to Plaintiff. 32. If there should be found to have been culpable conduct on the part of Answering Defendant, which is denied, conduct of others constituted intervening and superseding causes of any injury or damages to Plaintiff. 33. If Plaintiff suffered injury or damages as alleged these were caused by other persons or entities over which Answering Defendant had no control or right of control. 34. Any injuries or damages sustained by the Plaintiff were caused by his own negligence and such conduct serves to reduce or bar Plaintiff's recovery pursuant to the terms of the Pennsylvania Comparative Negligence Act, any negligence on the part of the Answering Defendant being specifically denied. 35. Plaintiff's claims are barred by his voluntary assumption of a known risk. 36. Plaintiff has failed to plead any recognizable theory of strict liability and the averment of same in paragraph 21 of Plaintiff's Complaint was voluntarily withdrawn by Plaintiff as indicated in Order of Court dated March 22, 2010. 37. Plaintiff's claim for medical expenses must be reduced by any amount charged but not actually paid by or on behalf of Plaintiff. 38. Plaintiff's claim for damages is reduced by any failure to mitigate same. 39. Pa.R.Civ.P. 238 for delay damages is inapplicable under the facts of the present case and in violation of the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania. 5 WHEREFORE, the Defendant Blank's Moving and Storage Company, Inc. demands that Judgment be entered in its favor and against the Plaintiff Jesse Pennington. NEW MATTER CROSS CLAIMS OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. AGAINST DEFENDANTS C&D TECHNOLOGIES, INC., YRC WORLDWIDE INC. AND PWR, LLC 40. The Defendant Blank's Moving and Storage Company, Inc. incorporates by reference Plaintiff's Complaint without admission of the averments contained therein and Defendant Blank's Moving and Storage Company, Inc.'s Answer and New Matter to Plaintiff's Complaint. 41. The Defendants C&D Technologies, Inc., YRC Worldwide Inc. and PWR, LLC are joined to protect the Defendants Blank's Moving and Storage Company, Inc.'s right of indemnity and contribution and the Defendant Blank's Moving and Storage Company, Inc. avers that Defendants C&D Technologies, Inc., YRC Worldwide Inc. and PWR, LLC are alone liable, jointly and severally liable or liable over to the Defendant Blank's Moving and Storage Company, Inc. with respect to Plaintiff's action, any liability on the part of Defendant Blank's Moving and Storage Company, Inc. being specifically denied. WHEREFORE, the Defendant Blanks Moving and Storage Company, Inc. demands Judgment be entered in its favor and against Defendants C&D Technologies, Inc., YRC Worldwide Inc. and PWR, LLC. 6 THOMAS, THOMAS & HAFER, LLP By: 41 4,A M X, r 61 all G. Gale, squire Attorney Id. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648; Fax: 717-237-7105 rgaleCaDtthlaw.com 963943.1 Attorney for Defendant Blank's Moving and Storage Company, Inc. 7 VERIFICATION I, RAN DALL G. GALE, ESQUIRE, have read the foregoing Answer and New Matter of Defendant Blank's Moving and Storage Company, Inc. and hereby affirm that it is true and correct to the best of my personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S.§4904. qamCa G. ale, squire Dated: '`f' d 964031.2 CERTIFICATE OF SERVICE I, Randall G. Gale, Esquire of the law firm of Thomas, Thomas, & Hafer, LLP, Attorneys for Defendant Blank's Moving and Storage Company, Inc., do certify that on the day of _J--a& , 2011, 1 mailed a true and correct copy of the within document tot a following: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 COUNSEL FOR PLAINTIFF Michael J. Soska, Jr., Esquire POST & SCHELL, P.C,, Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 COUNSEL FOR DEFENDANT YRC WORLDWIDE INC. Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 COUNSEL FOR DEFENDANT C&D TECHNOLOGIES, INC. Glenn M. Campbell, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 COUNSEL FOR DEFENDANT PWR, LLC THOMAS, THOMAS & HAFER, LLP By: R*Kdall G. Gale 8 Pi! ED-GF'F iCE r PROTHONOTAF,,,, p l IUL 20 II 24 JGMGERLANO COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC, Defendants. No. 09-8868 PLAINTIFF'S REPLY TO DEFENDANT YRC WORLDWIDE, INC.'S NEW MATTER CODE: Filed on behalf of: Plaintiff, Jesse Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Firm I.D. 839 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC, Defendants. PLAINTIFF'S REPLY TO DEFENDANT YRC WORLDWIDE, INC.'S NEW MATTER AND NOW, comes the Plaintiff, Jesse Pennington, by and through his undersigned counsel, D. Aaron Rihn, Esquire and the law firm of Robert Peirce & Associates, P.C., and hereby files this Reply to New Matter, and in support thereof avers as follows: 1. The allegations and averments contained in Paragraph 23 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 2. The allegations and averments contained in Paragraph 24 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 3. The allegations and averments contained in Paragraph 25 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 2 4. The allegations and averments contained in Paragraph 26 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. The allegations and averments contained in Paragraph 27 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 6. The allegations and averments contained in Paragraph 28 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. The allegations and averments contained in Paragraph 29 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. The allegations and averments contained in Paragraph 30 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 9. The allegations and averments contained in Paragraph 31 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 10. The allegations and averments contained in Paragraph 32 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 11. The allegations and averments contained in Paragraph 33 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 12. The allegations and averments contained in Paragraph 34 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 13. The allegations and averments contained in Paragraph 35 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 14. The allegations and averments contained in Paragraph 36 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 15. The allegations and averments contained in Paragraph 37 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 16. The allegations and averments contained in Paragraph 38 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 17. The allegations and averments contained in Paragraph 39 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 4 18. The allegations and averments contained in Paragraph 40 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 19. The allegations and averments contained in Paragraph 41 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 20. The allegations and averments contained in Paragraph 42 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 21. The allegations and averments contained in Paragraph 43 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 22. The allegations and averments contained in Paragraph 44 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: "'-- /[' D ON RIHN, ESQUIRE Counsel for Plaintiffs 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC, Defendants. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Reply to Defendant YRC Worldwide, Inc.'s New Matter was served this 18th day of July, 2011, by first class United States mail, postage pre-paid, upon counsel for the Defendants, addressed as follows: Leslie M. Greenspan, Esquire Stradley, Ronon, Stevens & Young 2600 One Commerce Square Philadelphia, PA 19103-7098 (Counsel for C&D Technologies, Inc.) Randall G. Gale, Esquire P.O. Box 999 Harrisburg, PA 17108 (Counsel for Blank's Moving and Storage Company, Inc.) Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 (Counsel for PWR, LLC) Joseph R. Fowler, Esquire Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 (Counsel for YRC Worldwide, Inc.) Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By D. AARON RIHN, ESQUIRE Counsel for Plaintiff Fi r - "'F1 iE PRO HONOTAi 2811 JI L 21 AK 10: 0 3 LUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC, Defendants. No. 09-8868 PLAINTIFF'S REPLY TO DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC.'S NEW MATTER CODE: Filed on behalf of. Plaintiff, Jesse Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Firm I.D. 839 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC, Defendants. PLAINTIFF'S REPLY TO DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC.'S NEW MATTER AND NOW, comes the Plaintiff, Jesse Pennington, by and through his undersigned counsel, D. Aaron Rihn, Esquire and the law firm of Robert Peirce & Associates, P.C., and hereby files the Reply to Defendant Blank's Moving and Storage Company, Inc.'s New Matter, and in support thereof avers as follows: 1. The allegations and averments contained in Paragraph 22 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 2. The allegations and averments contained in Paragraph 23 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 3. The allegations and averments contained in Paragraph 24 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 2 4. The allegations and averments contained in Paragraph 25 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 5. The allegations and averments contained in Paragraph 26 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 6. Paragraph 27 admitted. 7. Paragraph 28 admitted. 8. The allegations and averments contained in Paragraph 29 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 9. The allegations and averments contained in Paragraph 30 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 10. The allegations and averments contained in Paragraph 31 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 11. The allegations and averments contained in Paragraph 32 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 12. The allegations and averments contained in Paragraph 33 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 3 13. The allegations and averments contained in Paragraph 34 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 14. The allegations and averments contained in Paragraph 35 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 15. The allegations and averments contained in Paragraph 36 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 16. The allegations and averments contained in Paragraph 37 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 17. The allegations and averments contained in Paragraph 38 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. 18. The allegations and averments contained in Paragraph 39 of the Defendant's New Matter state conclusions of law to which no response is require. To the extent that a response is deemed necessary, these allegations and averments are hereby denied. Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: 4? D. ARON RIHN, ESQUIRE Counsel for Plaintiffs 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, VS. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC, Defendants. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Reply to Defendant Blank's Moving and Storage Company, Inc.'s New Matter was served this 19th day of July, 2011, by first class United States mail, postage pre-paid, upon counsel for the Defendants, addressed as follows: Leslie M. Greenspan, Esquire Stradley, Ronon, Stevens & Young 2600 One Commerce Square Philadelphia, PA 19103-7098 (Counsel for C&D Technologies, Inc.) Randall G. Gale, Esquire P.O. Box 999 Harrisburg, PA 17108 (Counsel for Blank's Moving and Storage Company, Inc.) Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 (Counsel for PWR, LLC) Joseph R. Fowler, Esquire Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103 (Counsel for YRC Worldwide, Inc.) Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: D. AARON RIHN, ES Counsel for Plaintiff POST & SCHELL, P.C. BY: FRANCIS J. O'NEILL, ESQUIRE E-MAIL: foneill@postschell.com I.D. # 206714 FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, FILED-OFFi ;E C THE PROTHONOTA -% 2011 JUL 22 PM 2: 09 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant, YRC Worldwide Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8868 Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance as co-counsel on behalf of Defendant, YRC Worldwide Inc. in the above-captioned matter. POST & SCHELL, P.C. h -7 By:/ Dated: July 12, 2011 FRANCIS J. O'NEILL, SQUIRE Attorneys for Defendant, YRC Worldwide Inc. POST & SCHELL, P.C. BY: FRANCIS J. O'NEILL, JR., ESQUIRE E-MAIL: foneill@postschell.com I.D. # 206714 FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 JESSE PENNINGTON, Plaintiff, VS. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Attorneys for Defendant, YRC Worldwide Inc. c c -*? :zm D N --i O ' - - C5 S? A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8868 Defendants. ANSWER OF DEFENDANT YRC WORLDWIDE, INC. TO THE NEW MATTER CROSS CLAIM OF BLANK'S MOVING AND STORAGE COMPANY, INC. Answering Defendant, YRC Worldwide, Inc., in answer to the New Matter Crossclaim of Co-Defendant, Blank's Moving and Storage, says: 40. Denied. Answering Defendant YRC Worldwide, Inc. incorporates by reference all of its answers and new matter pled in response to Plaintiff's complaint as though fully set forth herein. The allegations contained in this paragraph are denied as conclusions of law to which no responsive pleading is necessary. Strict proof is demanded at the trial of this matter. 41. Denied. It is specifically denied that YRC Worldwide, Inc. is liable. The allegations contained in this paragraph are further denied as conclusions of law to which no responsive pleading is necessary. Strict proof is demanded at the trial of this matter. WHEREFORE, Answering Defendant, YRC Worldwide, Inc. demands judgment in its favor, together with counsel fees and costs. POST & SCHELL, P.C. BY: FRAN S J. O'NEILL, JR., ESQUIRE Attorneys for Defendant, YRC Worldwide, Inc. VERIFICATION FRANCIS J. O'NEILL, JR., ESQUIRE, verifies that he is the attorney for defendants in this action, and that the facts set forth in the foregoing pleading are true and correct to the best of his information, knowledge and belief. It is understood that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. POST & SCHELL, P.C. FRAN S J. O'NEILL, JR., ESQUIRE Attorney for Defendant, YRC Worldwide, Inc. CERTIFICATE OF SERVICE FRANCIS J. O'NEILL, JR., ESQUIRE, certifies that a true and correct copy of YRC Worldwide, Inc.'s Answer to Blank's Moving and Storage's New Matter Crossclaim was served on counsel of record at the following addresses on July 20, 2011: Randall G. Gale, Esquire Thomas, Thomas and Hafer 305 North Front Street Harrisburg, PA 17101 D. Aaron Rihn, Esquire Robert Peirce & Associates, PC 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Leslie M. Greenspan, Esquire Stradley, Ronon, Stevens & Young 2600 Once Comerce Square Philadelphia, PA 19103 Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 POST & SCHELL, P.C. FRANCIS J. O'NEILL, JR., ESQUIRE Attorney for Defendant, YRC Worldwide, Inc. ., FILE,' =C!r ? II:C III THONOrA' ?.III JUL 25 PM I: 4-2 WILLIAM J. FERREN & ASSOCIATES BY: Glenn M. Campbell, Esquire Attorney ID#: 51059 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 (215) 274-1745 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendants PWR, LLC JESSE PENNINGTON vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-8868 JURY TRIAL DEMANDED REPLY OF DEFENDANT, PWR, LLC, TO CROSSCLAIMS OF DEFENDANT, C&D TECHNOLOGIES, INC. Defendant, PWR, LLC, by and through their counsel, William J. Ferren & Associates, hereby file the Reply to Crossclaims of Defendant, C&D Technologies, as follows: 40. Defendant PWR incorporates by reference its Answer and New Matter as if same were set forth herein in full. 41. This paragraph contains legal conclusions to which no response is required. To the extent that it contains factual allegations, same are denied. Defendant PWR deniesthat it is alone liable, jointly and severally liable, or liable over to Blank's Moving and Storage Company with respect to Plaintiff's action. h- WHEREFORE, Defendant PWR, LLC, respectfully requests that judgment be entered in its favor and against Plaintiff and all other Defendants. WILLIAM J. ,RV-REN & ASSOCIATES By: Glenn M. Campbell, Esquire Attorney for Defendant PWR LLC VERIFICATION I, Glenn M. Campbell, state that I am the attorney for Defendant, PWR, LLC, in this litigation, and that the statements made in the foregoing Reply to Crossclaims of Defendant Blank's Moving and Storage are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: WILLIAM J. FERREN & ASSOCIATES BY: Glenn M. Campbell, Esquire Attorney ID#: 51059 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 (215) 274-1745 Attorney for Defendants PWR, LLC JESSE PENNINGTON vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE, INC.; and PWR, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09-8868 JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Glenn M. Campbell, Esquire, do hereby certify that a true and correct copy of Reply of Defendant PWR, LLC to Crossclaim of Defendant C&D Technologies, Inc. in the above- captioned matter was served via First Class U.S. Mail this 21St day of July, 2011, addressed as follows: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219 Randall G. Gale, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Streed P.O. Box 999 Harrisburg, PA 17108 Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 Francis O'Neill, Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103-2808 WILL?Ay J. FERREN & ASSOCIATES BY• ' Glenn M. Campbell, Esquir Attorney for Defendant PWR, LLC Date: 7/21/11 2 r i5. tip PROTHONOTARY 231IJU270110:15 Randall G. Gale, Esquire Attorney No. 26149 C. I- i:)ERLAND COUNTY 305 North Front Street, 6th Floor n EHN S Y LVA N I A P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7648; Fax: 717-237-7100 rgale tthlaw.com Attorneys for Defendant Blank's Moving and Storage Company, Inc. JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8868 Civil Term CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Blank's Moving and Storage Company, Inc. certifies that (1) a Notice of Intent to Serve the Subpoenas with a copy of the Subpoenas attached thereto was mailed to all counsel on July 19, 2011; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this certificate; (3) Attorney Rihn telephoned my office on July 21, 2011 indicating he has no objection to the proposed Subpoenas and is willing to waive the remainder of the 20-day notice; (4) the Subpoenas which will be served are identical to the Subpoenas which are attached to the Notice of Intent to serve the Subpoenas. Date: THO S HOMAS & IIJAF LLP RA L G. GALE, QUIRE I.D. 26149 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7648 ATTORNEY FOR DEFENDANT, BLANK'S MOVING AND STORAGE COMPANY, INC. Randall G. Gale, Esquire Attorney No. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7648; Fax: 717-237-7100 rgale .tthlaw.com JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. Attorneys for Defendant Blank's Moving and Storage Company, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8868 Civil Term NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS' FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 Defendants, Blank's Moving and Storage Company, Inc. intends to serve subpoenas identical to the ones that are attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. THOM THOMAS & HAFER, LLP RANDALL G. GALE, ESQUIRE I.D. 26149 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7648 ATTORNEY FOR DEFENDANT, BLANK'S MOVING & STORAGE COMPANY, INC. Date, `? `t { JESSE PENNINGTON, IN THE COURT OF COMMON PLEAS Plaintiff. CUMBERLAND COUNTY VS. No. 09-8868 Civil Term BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Hershey Medical Center P. O. Box 850 Hershey, PA 17033 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical billing and insurance forms relating to the care and treatment of Jesse Pennington. 5626 State Route 503, Wurtland. Kentucky 41144, DOB: 6/20/89, SS# 406-37-0006 at: Thomas. Thomas & Hafer. LLP, 305 N. Front St., P.O. Box 999, Harrisburg. PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999 TELEPHONE: (717) 255-7648 SUPREME COURT ID#: 26149 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy JESSE PENNINGTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY vs. No. 09-8868 Civil Term BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of Records, Our Lady of Bellefonte Hospital, St. Christopher Drive, Ashland, KY 41 101 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all medical billing and insurance forms relating to the care and treatment of Jesse Pennington, 5626 State Route 503, Wur land Kentucky 41144, DOB: 6/20./89. SS# 406-37-0006 at: Thomas, Thomas & Hafer, LLP, 305 N. Front St., P.O. Box 999, Harrisburg PA 17108-0999. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Randall G. Gale, Esquire ADDRESS: P.O. Box 999, 305 N. Front Street, Harrisburg, PA 17108-0999 "TELEPHONE: (717) 255-7648 SUPREME COURT ID#: 26149 ATTORNEY FOR: Defendant BY THE COURT: DATE: Sea] of the Court Prothonotary/Clerk. Civil Division Deputy CERTIFICATE OF SERVICE I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 COUNSEL FOR PLAINTIFF Michael J. Soska, Jr., Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 COUNSEL FOR DEFENDANT YRC WORLDWIDE INC. Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 COUNSEL FOR DEFENDANT C&D TECHNOLOGIES, INC. Glenn M. Campbell, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 COUNSEL FOR DEFENDANT PWR, LLC THOMAS, THOMAS & HAFER, LLP RA D 'LL . GA E, ESQUIRE Date: 7--1 11 969238.1 CERTIFICATE OF SERVICE I, RANDALL G. GALE, ESQUIRE of the law firm of THOMAS, THOMAS, & HAFER, LLP do certify that I served the foregoing CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 on the following person(s), by depositing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 COUNSEL FOR PLAINTIFF Michael J. Soska, Jr., Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 19103 COUNSEL FOR DEFENDANT YRC WORLDWIDE INC. Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 COUNSEL FOR DEFENDANT C&D TECHNOLOGIES, INC. Glenn M. Campbell, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 COUNSEL FOR DEFENDANT PWR, LLC THOM HOMAS & HAFER, LLP RA LL G. GALE, UIRE Date: 2 '; ` t / STRADLEY, RONON, STEVENS & YOUNG, LLP By: Joseph McHale, Esquire Leslie M. Greenspan, Esquire Identification Nos. 65706 & 91639 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 JESSE PENNINGTON, Plaintiff, v. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. y Pte` 71 zC M CO Attorneys for Plaintiff, -<> u7 c) v C&D Technologies, Inc. o c-? Cb G C) COURT OF COMMON PLEA r--> r CUMBERLAND COUNTY CD No. 09-8868 ANSWER OF DEFENDANT C&D TECHNOLOGIES, INC. TO CROSS-CLAIM OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. Defendant C&D Technologies, Inc. ("C&D"), by and through its attorneys, Stradley, Ronon, Stevens & Young, LLP, answers the Cross-Claim of Defendant Blank's Moving and Storage Company, Inc. as follows: 40. C&D incorporates by reference its Answer, New Matter, and Cross- Claims, as if" set forth herein at length. 41. These allegations are denied as conclusions of law, requiring no response. WHEREFORE, Defendant C&D Technologies, Inc. respectfully requests that judgment be entered in its favor and against all other parties, together with interest, costs, and other such and further relief that the Court deems appropriate. Joseph McHale, Esquire Leslie M. Greenspan, Esquire P STRADLEY RONON STEVENS & YOUNG, UP 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 Attorneys for Defendant, C&D Technologies, Inc. 2 CERTIFICATE OF SERVICE I, Leslie M. Greenspan, Esquire, hereby certify that on July 26, 2011, 1 caused a copy of the foregoing to be served upon the individuals listed below by U.S. Mail, postage prepaid: D. Aaron Rihn, Esquire Robert Peirce & Associates, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 Attorneys for Plaintiff Randall G. Gale, Esquire Thomas, Thomas & Hafer LLP 305 North Front St. Harrisburg, PA 17101 Attorneys for Defendant Blank's Moving and Storage Company, Inc. Michael J. Soska, Esquire Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103-2808 Attorneys for Defendant YRC Worldwide Inc. Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell PA 19422 Attorneys for Defendant PWR, LLC Al A- M 6V-11 - I?q? Leslie M. Greenspan U 81 4 ]399553 f Randall G. Gale, Esquire Attorney No. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7648; Fax: 717-237-7100 rgale(ZDtthlaw.com JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8868 Civil Term Defendants. PRAECIPE TO SUBSTITUTE VERIFICAITION TO: PROTHONOTARY Please substitute the Verification of Norman Bailey for that of Randall G. Gale, Esquire, on the Answer and New Matter of Defendant Blank's Moving & Storage Company, Inc. °- [I Date: E NHIONOTAf '261 UG 10 PH 12: E 9 CUMBERLAND COUU " ENSYLVAhlIA rneys for Defendant Blank's Moving and Storage Company, Inc. THOMAS, THOMAS & HAFER, LLP Ran&jlf G. Ga e, Esquire/ 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7648 Attorneys for Defendant Blank's Moving & Storage Company, Inc. CERTIFICATE OF SERVICE I, Randall G. Gale, Esquire of the law firm of Thomas, Thomas, & Hafer, LLP, Attorneys for Defendant Blank's Moving and Storage Company, Inc., do certify that on the day of August, 2011, 1 placed a true and correct copy of the within document to the following: D. Aaron Rihn, Esquire Robert Peirce & Associates, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 Michael J. Soska, Jr., Esquire POST & SCHELL, P.C. Four Penn Center 1600 John F. Kennedy Blvd. Philadelphia, PA 18103 Glenn M. Campbell, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 THOMAS, THOMAS & HAFER, LLP By: Randal G. Gale, Esquire 977064.1 VERII=ICATION I, NORMAN BAILEY, have read the foregoing Answer and New Matter of Defendant Blank's Moving and Storage Company, Inc. and hereby affirm that it is true and correct to the best of my personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S.§4904. Norman Bailey Dated: y.7,11 / 964031.1 7 To Plaintiff and Co-Defendants: You are hereby notified to file a written response to the enclosed New Matter and Cross-Claims within twenty (20) days from service hereof or a judgment may be entered against you. eshe M. Greenspan Attorney for Defendant C&D Technolo es, Inc. STRADLEY, RONON, STEVENS & YOUNG, LLP By: Joseph McHale, Esquire Leslie M. Greenspan, Esquire Identification Nos. 65706 & 91639 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 JESSE PENNINGTON, Plaintiff, V. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. Attorneys for Plaintiff, C&D Technologies, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY c e= , No. 09-8868 rnCo ca __r ct)A ? r n C Op -) -o -,, _zCD __ -< cn, AMENDED ANSWER, NEW MATTER, AND CROSS-CLAIMS OF DEFENDANT C&D TECHNOLOGIES, INC. Defendant C&D Technologies, Inc. ("C&D"), by and through its attorneys, Stradley, Ronon, Stevens & Young, LLP, and with the consent of Plaintiff's counsel, submits this amended answer to the Complaint and sets forth amended New Matter and amended Cross- Claims as follows: ANSWER 1. Admitted, upon information and belief. 2. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 3. It is denied that C&D's principal place of business is located at 75 Remittance Drive, Suite 3188, Chicago, Illinois 60675. C&D's principal place of business is located at 1400 Union Meeting Road, Blue Bell, Pennsylvania 19422. 4. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 5. Admitted, upon information and belief. 6. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 7. These allegations are conclusions of law, requiring no response,. If a response is required, these allegations are denied generally pursuant to Pa.R.Civ.P. 1029(e). Facts Common To All Causes of Action 8. Admitted, upon information and belief. 9. It is admitted only that C&D received a Purchase Order from PWR LLC for the supply and delivery of batteries to the Embarq facility on August 18, 2008. That Purchase Order is a document that speaks for itself, and any characterizations inconsistent with 2 the document are denied. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of this paragraph, and they are, therefore, deemed denied. 10. Denied. Defendant C&D was hired by Defendant PWR, LLC to provide the batteries at issue. North American International Logistics Services ("NAILS"), a broker for C&D and a third party logistics provider, contracted with Defendant YRC Worldwide Inc. (formerly known as Yellow Freight System or Yellow Transportation) to transport the batteries at issue to a facility in Reading, Pennsylvania. NAILS also submitted a delivery request to Defendant Blank's Moving and Storage Company, Inc. (`Blank's") to transport the batteries from the facility in Reading, Pennsylvania to the Embarq facility in Carlisle, Pennsylvania, where the alleged injuries occurred. 11. The purchase order is a document that speaks for itself, and any characterizations inconsistent with the document are denied. 12. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 13. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 14. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 15. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. 16. After reasonable investigation, C&D is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph, and they are, therefore, deemed denied. Further answering, this paragraph contains conclusions of law, requiring no response. If a response is required, these allegations are denied generally pursuant to Pa.R.Civ.P. 1029(e). Count I - Negligence Plaintiff v. All Defendants 17. C&D incorporates by reference its responses set forth in all other paragraphs of their Answer, as if set forth herein at length. 18. These allegations are conclusions of law, requiring no response. 19. These allegations are conclusions of law, requiring no response. 20. These allegations are conclusions of law, requiring no response. If a response is required, these allegations are denied generally pursuant to Pa.R.Civ.P. 1029(e). 21. These allegations are conclusions of law, requiring no response. If a response is required, these allegations are denied generally pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Defendant C&D Technologies, Inc. respectfully requests that judgment be entered in its favor and against all other parties, together with interest, costs, and other such and further relief that the Court deems appropriate. NEW MATTER C&D incorporates its Answer by reference. 2. C&D owed no duty to the plaintiff. 4 3. C&D owed a limited duty of care to the plaintiff, which duty was fulfilled at all times. 4. C&D breached no duty to the plaintiff. 5. Any actual injuries to or damages suffered by the plaintiff were caused by others over whom C&D had no control. 6. The actions of the plaintiff or others may have constituted superseding, intervening causes of any alleged injuries or damages to the plaintiff, thereby barring or otherwise limiting the plaintiff's claims. 7. No action or omission by C&D caused or contributed in any manner to the injuries or damages alleged in the plaintiff's Complaint. 8. The plaintiff's claims may be barred or otherwise limited by the Pennsylvania Comparative Negligence Act, 42 Pa.C.S. § 7102. 9. The plaintiff failed to properly mitigate damages, if any. 10. The plaintiff's causes of action may be barred or otherwise limited by the doctrines of assumption of risk, release, and/or waiver. 11. The plaintiff's damages may be barred or limited to the extent that the plaintiff's alleged injuries or damages were not causally related to the alleged incident., or were pre-existing in nature, or post-date the alleged incident, and therefore, are not recoverable. 12. The plaintiff failed to properly operate the equipment at issue. 13. Any remedies available to the plaintiff may be barred or otherwise diminished due to the plaintiff's receipt of, or right to receive, collateral sources of compensation and/or reimbursement, including but not limited to payments made by health insurers, workers' compensation and/or unemployment compensation. 14. The plaintiff's claims may be barred in whole or in part by application of the workers' compensation bar. 15. At all times, C&D acted reasonably. 16. Plaintiff assumed the risk of injury. 17. C&D may have additional defenses that cannot now be determined due to lack of information regarding the plaintiff's claims. C&D, therefore, reserves its right to supplement this Answer upon further development of relevant information. WHEREFORE, Defendant C&D Technologies, Inc. respectfully requests that judgment be entered in its favor and against all other parties, together with interest, costs, and other such and further relief that the Court deems appropriate CROSS-CLAIMS AGAINST CO-DEFENDANTS C&D incorporates by reference the foregoing paragraphs of its Answer and New Matter as if set forth at length herein. 2. C&D incorporates by reference, without admission or adoption, the well- plead allegations contained in the Complaint, and deny that is responsible in any way for the alleged incident and/or resulting harm complained of in this action. If the allegations in the Complaint are proven, and if the plaintiff sustained any injuries or damages as alleged in the Complaint, the damages or injuries were not caused by C&D. Rather, the plaintiff's alleged damages were caused by Defendants Blank's Moving and Storage Company, Inc. (`Blank's") and/or PWR, LLC ("PWR"). 4. If C&D is found liable in this action, such liability being expressly denied, then Blank's and PWR are liable to the plaintiff, solely, or jointly with C&D, or are liable over to C&D for contribution and/or common law indemnification. 6 WHEREFORE, Defendant C&D Technologies, Inc. respectfully requests that judgment be entered in its favor and against all other parties, together with interest, costs, and other such and further relief that the Court deems appropriate. /-A', 411 Joseph McHale, Esquire Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 Attorneys for Defendant, C&D Technologies, Inc. 7 VERIFICATION 1, David J. Anderson, Esquire, am Vice President, General Counsel and Corporate Secretary at C&D Technologies, Inc. and hereby state that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief, and that false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. David J. rson Dated: December 11 , 2011 CERTIFICATE OF SERVICE I, Leslie M. Greenspan, Esquire, hereby certify that on December 27, 2011, I caused a copy of the foregoing to be served upon the counsel listed below by Electronic Mail: D. Aaron Rihn, Esquire Robert Peirce & Associates, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 Attorneys for Plaintiff Randall G. Gale, Esquire Thomas, Thomas & Hafer LLP 305 North Front St. Harrisburg, PA 17101 Attorneys for Defendant Blank's Moving and Storage Company, Inc. Francis O'Neill, Esquire Glenn M. Campbell, Esquire Post & Schell, P.C. William J. Ferren & Associates Four Penn Center 10 Sentry Parkway, Suite 301 1600 John F. Kennedy Boulevard Blue Bell PA 19422 Philadelphia, PA 19103-2808 Attorneys lot- Defendant YRC Worldwide Inc. Attorneys for Defendant PWR, LLC z 4- rLeslie M. Greenspan # 1475928 JESSE PENNINGTON, Plaintiff, V. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC. Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8868 ORDER AUTHORIZING ISSUANCE OF A COMMISSION TO THE STATE OF KENTUCKY AND FOR THE COUNTY OF ROWAN 1V% AND NOW, this k1i day of 2012, the Prothonotary is directed to issue a commission in the form attached hereto to the State of Kentucky, Circuit Court of Rowan, to issue a subpoena to Ivan Grimshaw, Jr., 510 Caudill Cemetery Road, Morehead, Kentucky 40351-9727, ordering said deponent for oral testimony in this matter. BY THE COURT: J. ?.? C-) Lesl ie M . Greenspan, MCD D N - =Un AP C) QrB -<CJ An 'W CD ? r CD r-1 D ?- co # 1466241 v. I COURT OF COMMON PLEAS JESSE PENNINGTON, CUMBERLAND COUNTY Plaintiff, No. 09-8868 V. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC. Defendants. COMMISSION AUTHORIZING DEPOSITION OF OUT-OF-STATE WITNESS AND ISSUANCE OF PROPER SUBPOENA Upon Motion by Defendant C&D Technologies, Inc. ("C&D"), by counsel, pursuant to 42 Pa. Cons. Stat. Ann. § 5325 for the entry of this Commission for the purpose of requesting oral testimony relating to the Plaintiff who is the subject of this litigation, having informed this Court that Ivan Grimshaw, Jr., 510 Caudill Cemetery Road, Morehead, Kentucky 40351-9727, who resides within the jurisdiction of your Court, does or may have knowledge relevant to the adjudication of the above civil action now pending before this Court, and C&D wishing for the issuance of a subpoena from your Honorable Court for service upon the above named individual, IT IS HEREBY ORDERED that the counsel of record for C&D in the above action, whose name and address are below, are expressly commissioned by the Court to depose the foregoing individual pursuant to 42 Pa. Cons. Stat. Ann. § 5325 at such date, time and place as shall be designated upon an appropriate Notice to Take Deposition. # 1466241 v.1 YOU ARE HERBY REQUESTED AND COMMISSIONED to issue to the foregoing counsel for movant such subpoena from your Court as may be available and necessary for service upon above witnesses, to assure the attendance of said witness as a deponent in a deposition by the below counsel for C&D within your judicial district. Seal of the Court cc: Leslie M. Greenspan, Esquire Stradley, Ronon, Stevens & Young, LLP 2600 One Commerce Square Philadelphia, PA 19103 # 1466241 v. 1 Cl) C --4 ? -T7 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL-VA1CA Civil Division JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, No. 09-8868 PLAINTIFF'S REPLY TO DEFENDANT C&D TECHNOLOGIES, INC.' S AMENDED ANSWER, NEW MATTER AND CROSS-CLAIMS Defendants. CODE: Filed on behalf of. Plaintiff, Jesse Pennington Counsel of Record for this Party: D. AARON RIHN, ESQUIRE Pa. I.D. No.: 85752 ROBERT PEIRCE & ASSOCIATES, P.C. Firm I.D. 839 2500 Gulf Tower, 707 Grant Street Pittsburgh, PA 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. PLAINTIFF'S REPLY TO DEFENDANT C&D TECHNOLOGIES, INC.'S AMENDED ANSWER, NEW MATTER AND CROSS-CLAIMS AND NOW, comes the Plaintiff, Jesse Pennington, by and through his undersigned counsel, D. Aaron Rihn, Esquire and the law firm of Robert Peirce & Associates, P.C., and hereby files this Reply to New Matter, and in support thereof avers as follows: 1. The allegations and averments in Paragraph 1 of the Amended New Matter do not require a response. 2. The allegations and averments in Paragraph 2 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 3. The allegations and averments in Paragraph 3 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 4. The allegations and averments in Paragraph 4 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. I 5. The allegations and averments in Paragraph 5 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 6. The allegations and averments in Paragraph 6 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 7. The allegations and averments in Paragraph 7 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 8. The allegations and averments in Paragraph 8 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 9. The allegations and averments in Paragraph 9 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 10. The allegations and averments in Paragraph 10 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 11. The allegations and averments in Paragraph 11 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 12. The allegations and averments contained in Paragraph 12 to the Defendant's New Matter are denied. 13. The allegations and averments in Paragraph 13 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 14. The allegations and averments in Paragraph 14 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 15. The allegations and averments in Paragraph 15 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 2 16. The allegations and averments in Paragraph 16 state a conclusion of law to which no response is required. To the extent a response is deemed necessary, they are hereby denied. 17. The allegations and averments contained in Paragraph 17 require no response. WHEREFORE, the Plaintiff respectfully requests that judgment be entered in his favor against all parties, together with interest, costs and all other such relief as this Court deems appropriate. Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: e --? D. AARON RIHN, ESQ Counsel for Plaintiffs 3 A . • , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division JESSE PENNINGTON, Plaintiff, vs. No. 09-8868 BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff's Reply to Defendant C&D Technologies, Inc.'s Amended New Matter was served this /-N day of JG x.- , 2012, by first class United States mail, postage pre-paid, upon counsel for the Defendants, addressed as follows: Leslie M. Greenspan, Esquire Stradley, Ronon, Stevens & Young 2600 One Commerce Square Philadelphia, PA 19103-7098 (Counsel for C&D Technologies, Inc.) Randall G. Gale, Esquire P.O. Box 999 Harrisburg, PA 17108 (Counsel for Blank's Moving and Storage Company, Inc.) Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 (Counsel for PWR, LLC) Respectfully submitted, ROBERT PEIRCE & ASSOCIATES, P.C. By: y ` D. AARON RIHN, ESQUIRE STRADLEY, RONON, STEVENS & YOUNG, LLP By: Leslie M. Greenspan, Esquire Identification No. 91639 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 JESSE PENNINGTON, Plaintiff, V. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. Attorneys for Defendant C&D Technologies, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8868 o y- c r'0 PRAECIPE TO WITHDRAW DEFENDANT'S UNCONTESTED PETITION FOR ISSUANCE OF A COMMISSION TO THE PROTHONOTARY: Kindly withdraw the Uncontested Petition for Issuance of a Commission submitted for filing by Defendant C&D Technologies, Inc. ("C&D") on January 3, 2011, without prejudice to C&D's right to renew such petition in the future if necessary. Leslie M. Greenspan, Esqui STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 (215) 564-8000 Attorneys for Defendant C&D Technologies, Inc. # 1491144 v. 1 CERTIFICATE OF SERVICE I, Leslie M. Greenspan, Esquire, hereby certify that on January 17, 2012, I caused a copy of the foregoing to be served upon the counsel listed below by electronic mail: D. Aaron Rihn, Esquire Robert Peirce & Associates, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 Attorneys for Plaintiff Randall G. Gale, Esquire Thomas, Thomas & Hafer LLP 305 North Front St. Harrisburg, PA 17101 Attorneys for Defendant Blank's Moving and Storage Company, Inc. Francis O'Neill, Esquire Post & Schell, P.C. Four Penn Center 1600 John F. Kennedy Boulevard Philadelphia, PA 19103-2808 Attorneys for Defendant YRC Worldwide Inc. Glenn M. Campbell, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell PA 19422 Attorneys for Defendant PWR, LLC Leslie M. Greenspan # 1491144 v. 1 POST & SCHELL, P.C. BY: JOSEPH R. FOWLER, ESQUIRE E-MAIL: jfowler@postschell.com I.D. # 55661 BY: FRANCIS J. O'NEILL, JR., ESQUIRE E-MAIL: foneill@postschell.com I.D. # 206714 FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 JESSE PENNINGTON, Plaintiff, VS. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, C ""t Attorneys for Defendant, YRC Worldwide Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8868 Defendants. STIPULATION OF DISMISSAL It is hereby stipulated by the parties hereto, that all claims and cross-claims that have been asserted against YRC Worldwide, Inc. in the above-captioned matter, shall be and are hereby voluntarily dismissed, without prejudice. This stipulation may be executed in counterparts. Post & Schell, P.C. JOSE H R. FOWLER, ESQUIRE FRANCIS J. O'NEILL, JR.ESQUIRE Attorney for YRC Worldwide Inc. Robert Peirce & Associates, P.C. AARON D. RIHN, ESQUIRE Attorney for Plaintiff Stradley Ronan Stevens & Young, LLP JOSEPH MCHALE, ESQUIRE LESLIE M. GREENSPAN, ESQUIRE Attornevs for C&D Technologies, Inc. Thomas. Thomas and Hafer LL G. GAL , t SQUIRE Attorney for Blank's Moving & Storage, Inc. William J. Ferren & Associates GLENN M. CAMPBELL, ESQUIRE Attorneys for PWR, LLC Dated: _? < . r ? Z POST & SCHELL, P.C. BY: JOSEPH R. FOWLER, ESQUIRE E-MAIL: jfowler@postschell.com I.D. # 55661 BY: FRANCIS J. O'NEILL, JR., ESQUIRE E-MAIL: foneill@postschell.com I.D. # 206714 FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 JESSE PENNINGTON, Plaintiff, VS. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Attorneys for Defendant, YRC Worldwide Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8868 Defendants. STIPULATION OF DISMISSAL It is hereby stipulated by the parties hereto, that all claims and cross-claims that have been asserted against YRC Worldwide, Inc. in the above-captioned matter, shall be and are hereby voluntarily dismissed, without prejudice. This stipulation may be executed in counterparts. Post & Schell, P.C. JOS H R. FOWLER, ESQUIRE FRANCIS J. O'NEILL, JR.ESQUIRE Attorney for YRC Worldwide Inc. Robert Peirce & Associates, P.C. AARON D. RIHN, ESQUIRE Attorney for Plaintiff Stradley Ronan Stevens & Young, LLP JOSEPH MCHALE, ESQUIRE LESLIE M. GREENSPAN, ESQUIRE Attorneys for C&D Technologies, Inc. Thomas Thomas and Hafer RANDALL G. GALE, ESQUIRE Attorney for Blank's Moving & Storage, Inc. William J. Ferren & Associates GLENN M. CAMPBELL, ESQUIRE Attorneys for PWR, LLC Dated: POST & SCHELL, P.C. BY: JOSEPH R. FOWLER, ESQUIRE E-MAIL: jfowler@postschell.com I.D. # 55661 BY: FRANCIS J. O'NEILL, JR., ESQUIRE E-MAIL: foneill@postschell.com I.D. # 206714 FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 JESSE PENNINGTON, Plaintiff, VS. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Attorneys for Defendant, YRC Worldwide Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8868 Defendants. STIPULATION OF DISMISSAL It is hereby stipulated by the parties hereto, that all claims and cross-claims that have been asserted against YRC Worldwide, Inc. in the above-captioned matter, shall be and are hereby voluntarily dismissed, without prejudice. This stipulation may be executed in counterparts. Post & Schell, P.C. JOS H R. FOWLER, ESQUIRE FRANCIS J. O'NEILL, JR.ESQUIRE Attorney for YRC Worldwide Inc. Robert Peirce & Associates, P.C. AARON D. RIHN, ESQUIRE Attorney for Plaintiff Stradley Ronan Stevens & Young, LLP JOSEPH MCHALE, ESQUIRE LESLIE M. GREENSPAN, ESQUIRE Attorneys for C&D Technologies, Inc. Thomas. Thomas and Hafer RANDALL G. GALE, ESQUIRE Attorney for Blank's Moving & Storage, Inc. William J. Ferren & Associates M. CAMPBELL, ESQUIRE Attorneys for PWR, LLC Dated: POST & SCHELL, P.C. BY: JOSEPH R. FOWLER, ESQUIRE E-MAIL: jfowler@postschell.com I.D. # 55661 BY: FRANCIS J. O'NEILL, JR., ESQUIRE E-MAIL: foneill@postschell.com I.D. # 206714 FOUR PENN CENTER 1600 JOHN F KENNEDY BLVD. PHILADELPHIA, PA 19103 215-587-1000 JESSE PENNINGTON, Plaintiff, VS. BLANK'S MOVING AND STORAGE COMPANY, INC.; C & D TECHNOLOGIES, INC.; YRC WORLDWIDE INC.; and PWR, LLC, Attorneys for Defendant, YRC Worldwide Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 09-8868 Defendants. STIPULATION OF DISMISSAL It is hereby stipulated by the parties hereto, that all claims and cross-claims that have been asserted against YRC Worldwide, Inc. in the above-captioned matter, shall be and are hereby voluntarily dismissed, without prejudice. This stipulation may be executed in counterparts. Post & Schell, P.C. JOS PH R. FOWLER, ESQUIRE FRANCIS J. O'NEILL, JR.ESQUIRE Attorney for YRC Worldwide Inc. Robert Peirce & Associates, P.C. AARON D. RIHN, ESQUIRE Attorney for Plaintiff Stradley RonOn Stevens & Young, LLP /A . C?0?-,111? - )? JOSEPH MCHALE, ES UIRE LESLIE M. GREENSPAN, ESQUIRE Attorneys for C&D Technologies, Inc. Thomas, Thomas and Hafer RANDALL G. GALE, ESQUIRE Attorney for Blank's Moving & Storage, Inc. William J. Ferren & Associates GLENN M. CAMPBELL, ESQUIRE Attorneys for PWR, LLC Dated: Randall G. Gale, Esquire Attorney No. 26149 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-0999 717-255-7648; Fax: 717-237-7100 rgale@tthlaw.com JESSE PENNINGTON, Plaintiff, vs. BLANK'S MOVING AND STORAGE COMPANY, INC.; C&D TECHNOLOGIES INC.; YRC WORLDWIDE INC.; and PWR, LLC, Defendants. 1= iLE0-OFi= K'E O TIDE PROTHONOTAk x 2312 FCT 17 A1111' 1)9 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant Blank's Moving and Storage Company, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-8868 Civil Term REPLY OF DEFENDANT BLANK'S MOVING & STORAGE COMPANY, INC. TO AMENDED CROSSCLAIM OF DEFENDANT C&D TECHNOLOGIES INC. AND NOW, comes the Defendant, Blank's Moving & Storage Company, Inc., and files this Reply to the Amended Crossclaim of Defendant C&D Technologies, Inc. 1. Denied. The averments of paragraph 1 of Defendant C&D Technologies, Inc.'s Amended Crossclaim against Co-Defendants are neither admitted nor denied in that, after reasonable investigation, the Answering Defendant is without sufficient information to form a belief as to the truth averments and they are, therefore, deemed to be denied and proof thereof is demanded. 2. Answering Defendant incorporates by reference its Answer and New Matter to Plaintiff's Complaint as if set forth herein. 3. Denied. It is denied that the Answering Defendant was negligent or breached any duty to Plaintiff and it is denied that Answering Defendant caused an injury or damage to the Plaintiff. The averment that Defendant C&D Technologies, Inc. did not cause injury or damages to the Plaintiff is neither admitted nor denied in that, after reasonable investigation, the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are, therefore, deemed to be denied and proof thereof is demanded. The remainder of the averments of paragraph 3 of Defendant C&D Technologies, Inc.'s Crossclaims are directed to a Defendant other than the Answering Defendant and, therefore, no response is required. 4. Denied. It is denied that Answering Defendant is liable to Plaintiff solely or jointly and it is denied that Answering Defendant is liable over to Defendant C&D Technologies, Inc. for contribution or common law indemnification. Whether Defendant C&D Technologies, Inc. is liable to the Plaintiff, is neither admitted nor denied in that, after reasonable investigation, the Answering Defendant is without sufficient information to form a belief as to the truth of the averments and they are, therefore, deemed to be denied and proof thereof is demanded. The remainder of the averments of paragraph 4 of Defendant C&D Technologies, Inc.'s Crossclaims against Co-Defendants are directed to a Defendant other than the Answering Defendant and, therefore, no response is required. 2 WHEREFORE, the Defendant, Blank's Moving & Storage Company, Inc., demands that judgment be entered in its favor and against all other parties to this action. THOMAS, THOMAS & HAFER, LLP By: A auzod eo all G. Gale, Esquire Attorney for Defendant Blank's Moving & Storage Company, Inc. Date: )-/&-I VERIFICATION I, RANDALL G. GALE, ESQUIRE, have read the foregoing REPLY OF DEFENDANT BLANK'S MOVING AND STORAGE COMPANY, INC. TO AMENDED CROSSCLAIM OF DEFENDANT C&D TECHNOLOGIES, INC. and hereby affirm that it is true and correct to the best of my personal knowledge or information and belief. This Verification and statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S.§4904. r D G. GAL , ESQUIRE Dated: C le 11, 964145.1 CERTIFICATE OF SERVICE I, Randall G. Gale, Esquire of the law firm of Thomas, Thomas, & Hafer, LLP, Atto71N or Defe Blank's Moving and Storage Company, Inc., do certify that on the y of e'e'11112 1 .41 2012, 1 mailed a true and correct copy of the within 14- (40 1044d - I?T document to the following: D. Aaron Rihn, Esquire ROBERT PEIRCE & ASSOCIATES, P.C. 2500 Gulf Tower 707 Grant Street Pittsburgh, PA 15219-1918 COUNSEL FOR PLAINTIFF Leslie M. Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2600 One Commerce Square Philadelphia, PA 19103-7098 COUNSEL FOR DEFENDANT C&D TECHNOLOGIES, INC. Glenn M. Campbell, Esquire WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 COUNSEL FOR DEFENDANT PWR, LLC THOMAS, THOMAS & HAFER, LLP ;i By: Randall G. Gale 1051098.1