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HomeMy WebLinkAbout10-06770 N% Ward Trucking, LLC Plaintiff V. Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking, Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil No. w? - (,?, 77 JURY TRIAL DEMANDED Please issue Writs of Summons against the following: Earnest Compton R.D. 2, Box 66A New Milford, PA 18834 Martini, Inc. 46 South Hunter Highway Drums, PA 18222 Michael Conlee 12 Hickory Nut Rd. Shrewsbury, PA 17361 Meade Trucking Company, Inc. 478 Lee Highway Verona, VA 24482 Dale Cooper 11200 Lakeview Dr., Lot 425 Hagerstown, MD 21740 McElroy Truck Lines, Inc. 111 80 Spur Cuba, AL 36907 RESPECTFULLY SUBMITTED: Doug. arcello Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 ?J I U S.R., , f._ .J 1 J I%. ?. •J ? % e?e 1)e-e" 104 N WARD TRUCKING; LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 7? EARNEST COMPTON, MARTINI, INC., : JURY TRIAL DEMANDED MICHAEL CONLEE, MEADE : TRUCKING, COMPANY, INC., DALE COOPE and McELROY TRUCK LINES, INC., Defendants WRIT OF SUMMONS TO: Earnest Compton, R.D. 2, Box 66A, Milford, PA 18834 Martini, Inc., 46 South Hunter Highway, Drums, PA 18222 Michael Coulee, 12 Hickory Nut Road, Shrewsbury, PA 17361 Meade Trucking Company, Inc., 478 Lee Highway, Verona, VA 24482 Dale Cooper, 11200 Lakeview Drive, Lot 425, Hagerstown, MD 21740 McElroy Truck Lines, Inc., 111 80 Spur, Cuba, AL 36907 YOU ARE NOTIFIED YHAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. _D_j I Prothonotary/Cler , Civil ivision Date: 'A_ ';? 7 _ ;z by Deputy F111 M-{:;r i"I(CE 07-- 7 r l 'TU, OT ?Y 2010 FEB -9 PM 2: 51 Johnson, Duffie, Stewart & Weidner By: Wade D. Manley, Esquire Attorney I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com WARD TRUCKING, LLC, Attorneys for DefenCdanpE? . ?-'? ?j? I - McElroy Truck Lines, Inc anafe ?ooper IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING NO. 10-677 Civil COMPANY, INC., DALE COOPER and McELROY TRUCK LINES, INC. JURY OF 12 PERSONS DEMANDED Defendants PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Wade D. Manley, Esquire, of Johnson, Duffie, Stewart & Weidner, P.C. as counsel for Defendants, McElroy Truck Lines, Inc. and Dale Cooper, in the above-captioned action. JOHNSON, DUFFIE, STEWART & WEIDNER V) 1? aJ(,, By: Wade D. a ey, Esquire Attorney . D. o. 87244 301 Marke treet P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants, McElroy Truck Lines, Inc. and Dale Cooper DATE: ?I??t° 391472 15854-2 CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on they day of r.? , 2010, addressed to the following: 0 Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Mr. Earnest Compton RD. 2. Box 66A New Milford, PA 18834 Martini, Inc. 46 South Hunter Highway Drums, PA 18222 Mr. Michael Conlee 12 Hickory Nut Rd. Shrewsbury, PA 17361 Meade Trucking Company, Inc. 478 Lee Highway Verona, VA 24482 W By: - Wade D. ManlKy, squire I.D. No. 8724 301 Market Str et P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants, McElroy Truck Lines, Inc. and Dale Cooper I pm--_? F1LED'--01LT--,NE ??f' ?H" Rr`DTH NOTARY Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire Attorney I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com WARD TRUCKING, LLC, V. Plaintiff 2010 FEB -9 PM 2: 51 '.*1 "INITY Attorneys for Defendant?,'E-N1an?f? ?, JAW McElroy Truck Lines, Inc. and aieoper IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING NO. 10-677 Civil COMPANY, INC., DALE COOPER and McELROY TRUCK LINES, INC. Defendants JURY OF 12 PERSONS DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Rule upon the Plaintiff, Ward Trucking, LLC, to file a Complaint within 20 days or suffer a judgment non pros seq. reg. JOHNSON, DUFFIE, STEWART & WEIDNER By: V 1 Wade D. M ON , Esquire Attorney I. .87244 301 Market et P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants, DATE: Z?$ ((o McElroy Truck Lines, Inc. and Dale Cooper 391468 15854-2 WARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING NO. 10-677 Civil COMPANY, INC., DALE COOPER and McELROY TRUCK LINES, INC. Defendants JURY OF 12 PERSONS DEMANDED RULE TO PLAINTIFF WARD TRUCKING, LLC: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. DATE:_ oq /O PROTHONOTARY r CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of 2010, addressed to the following: Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Mr. Earnest Compton RD. 2. Box 66A New Milford, PA 18834 Martini, Inc. 46 South Hunter Highway Drums, PA 18222 Mr. Michael Conlee 12 Hickory Nut Rd. Shrewsbury, PA 17361 Meade Trucking Company, Inc. 478 Lee Highway Verona, VA 24482 By: Wade D. Ma ey, squire I.D. No. 8724 301 Market St P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants, McElroy Truck Lines, Inc. and Dale Cooper r FfLE.i,? s" ,=r ICE Johnson, Duffie, Stewart & Weidner By: Wade D. Manley, Esquire Attorney I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com 2,1010 FEE 17 P i 2: 4 5 Cl yr by o r fk Defendants, 68rby Truck Lines, Inc. and Dale Cooper WARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING NO. 10-677 Civil COMPANY, INC., DALE COOPER and McELROY TRUCK LINES, INC. Defendants JURY OF 12 PERSONS DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File a Complaint which was issued on February 9, 2010 and served on the date reflected in the attached Certificate of Service. JOHNSON, DUFFIE, STEWART & WEIDNER By: V " M 0,-? Wade . Mani squire Attorney I.D. o. 244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: Z11fv (o McElroy Truck Lines, Inc. and Dale Cooper Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire Attorney I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Defendants, McElroy Truck Lines, Inc. and Dale Cooper WARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING NO. 10-677 Civil COMPANY, INC., DALE COOPER and McELROY TRUCK LINES, INC. Defendants JURY OF 12 PERSONS DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a certified copy of the Rule to File Complaint issued by the Prothonotary of Cumberland County on February 9, 2010 upon counsel for Plaintiff, by depositing same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of V?vVd , 2010, addressed to the following: Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road, Suite 331 Carlisle, PA 17015 JOHNSON, DUFFIE, STEWART & WEIDNER By: W t? X4, Esquire Wade . Man C87244 Attorney I.D. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants DATE: 7it 1 (tvj10 McElroy Truck Lines, Inc. and Dale Cooper 392364 15854-2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of ?v`1D 2010, addressed to the following: Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Mr. Earnest Compton RD. 2. Box 66A New Milford, PA 18834 Martini, Inc. 46 South Hunter Highway Drums, PA 18222 Mr. Michael Conlee 12 Hickory Nut Rd. Shrewsbury, PA 17361 Meade Trucking Company, Inc. 478 Lee Highway Verona, VA 24482 W yj !!?? By: Wade D. M nl y, Esquire I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Defendants, McElroy Truck Lines, Inc. and Dale Cooper ¦ E WARD TRUCKING LLC Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-677 Civil EARNEST COMPTON, MARTINI, INC., JURY TRIAL DEMANDED MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPE and McELROY TRUCK LINES, INC., Defendants PRAECIPE TO REISSUE WRIT OF SUMMONS TO THE PROTHONOTARY- Kindly, reissue Writs of Summons against the following: Michael Conlee 12 Hickory Road Harrisonburg, VA 22801 h) ? m Ln z} CO Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: dZ o1 S /O By 77Z- Dou s arcello, Esq. Attorney I.D. No. 36510 Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 - io, d bPd?-?-41 c1c? ?S?s WARD TRUCKING LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 7 7 EARNEST COMPTON, MARTINI, INC., JURY TRIAL DEMANDED MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPE and McELROY TRUCK LINES, INC., Defendants WRIT OF SUMMONS TO: Earnest Compton, R.D. 2, Box 66A, Milford, PA 18834. Martini, Inc., 46 South Hunter Highway, Drums, PA 18222 Michael Conlee, 12 Hickory Nut Road, Shrewsbury, PA 17361 Meade Trucking Company, Inc., 478 Lee Highway, Verona, VA 24482 Dale Cooper, 11200 Lakeview Drive, Lot 425, Hagerstown, MD 21740 McElroy Truck Lines, Inc., 111 80 Spur, Cuba, AL 36907 YOU ARE NOTIFIED YHAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. Date: 7 ie> Prothonotary Jerk, Civil Division by Deputy TRUE COPY FROM RECORD in Testimony whereof. I two unto set my hand and the seat of said at isle, Pa. This day of 20-: Prothonotary WARD TRUCKING, LLC IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-677 Civil EARNEST COMPTON, MARTINI, INC., JURY TRIAL DEMANDED MICHAEL CONLEE, MEADE TRUCKING, COMPANY, INC., DALE COOPE and McELROY TRUCK LINES, INC., Defendants CERTIFICATE OF SERVICE I certify that the foregoing Praecipe to Reissue Writs of Summons in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the .7(o day of ruux 2010. Earnest Compton R.D. 2, Box 66A New Milford, PA 18834 Wade D. Manley, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Attorney for Defendants Dale Cooper and McElroy Truck Lines, Inc. Meade Trucking Company, Inc. 478 Lee Highway Verona, VA 24482 Martini, Inc. 46 South Hunter Highway Harrisonburg, VA 22801 a a ;// /C4v" Angela . Rainey, Esq. Ward Trucking, LLC IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. Civil No. 10-677 Civil Earnest Compton, Martini, Inc., JURY TRIAL DEMANDED Michael Conlee, Meade : Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. NOTICIA LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia excrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 Ward Trucking, LLC IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. Civil No. 10-677 Civil Earnest Compton, Martini, Inc., JURY TRIAL DEMANDED Michael Conlee, Meade Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. COMPLAINT 1. Plaintiff, Ward Trucking, LLC is a corporation with its principal place of business in Atloona, Pennsylvania. 2. Defendant, Earnest Compton ("Compton") is an adult individual who resides at R.D. 2, Box 66A, New Milford, PA 18834. 3. Defendant, Martini, Inc. ("Martini") is a corporation with a place of business at 46 South Hunter Highway, Drums, PA 18222. 4. Defendant, Michael Conlee ("Conlee") is an adult individual whose last known address is 12 Hickory Nut Rd., Shrewsbury, PA 17361. 5. Defendant, Meade Trucking Company, Inc. ("Meade") is a corporation with a place of business at 478 Lee Highway, Verona, VA 24482. 6. Defendant, Dale Cooper ("Cooper") is an adult individual who resides at 11200 Lakeview Dr., Lot 428, Hagerstown, MD 21740. 7. Defendant, McElroy Truck Lines, Inc. ("McElroy") is a corporation with a place of business at 111 80 Spur, Cuba, AL 36907. 8. At all times in question, Defendant Compton was the agent, employee, and/or representative of Defendant Martini. 9. At all times in question, the vehicle operated by Defendant Compton was owned by Defendant Martini and operated pursuant to Defendant Martini's operating authority and subject to the duties and obligations arising from said authority. 10. At all times in question, Defendant Conlee was the agent, employee, and/or representative of Defendant Meade. 11. At all times in question, the vehicle operated by Defendant Conlee was owned by Defendant Meade and operated pursuant to Defendant Meade's operating authority and subject to the duties and obligations arising from said authority. 12. At all times in question, Defendant Cooper was the agent, employee, and/or representative of Defendant McElroy. 13. At all times in question, the vehicle operated by Defendant Conlee was owned by Defendant McElroy and operated pursuant to Defendant McElroy's operating authority and subject to the duties and obligations arising from said authority. 14. On or about January 29, 2008, Plaintiff's vehicle was being driven and was proceeding northbound on 1-81 in Southampton Township, Cumberland County, Pennsylvania. 15. At said time, date, and location, Defendants operated their vehicles northbound on I- 81 in Southampton Township, Cumberland County in a manner that resulted in the damage to and loss of use of Plaintiff's vehicle as set forth below. COUNT I NEGLIGENCE Plaintiff v. Earnest Compton 16. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint as if fully set forth here. 17. All of the Plaintiff's damages, as hereinafter alleged, were caused by the negligence, carelessness, and recklessness of Defendant Compton in that said Defendant: a. Failed to operate his vehicle in a proper, lawful, and safe manner; b. Failed to take due care with regard to the operation of his vehicle, including changing lanes and controlling the speed of his vehicle; c. Failed to operate his vehicle within the proper lane and/or without leaving the highway; d. Failed to operate his vehicle in a safe manner so as not to cause or result in the loss of control of his vehicle resulting in an accident involving his vehicle; e. Operated his vehicle too fast for conditions; f. Operated his vehicle in a reckless and/or inattentive manner; g. Operated his vehicle at an excessive rate of speed under the circumstances; h. Failed to obey the applicable federal, state, and/or local law and/or regulations with regard to the operation of his vehicle; i. Was otherwise negligent under the circumstances. 18. As a result of the aforesaid carelessness, negligence, and recklessness of Defendant Earnest Compton, Plaintiff s vehicle sustained damage and expenses in the amount of $69,103.62 and loss of use thereof. WHEREFORE, Plaintiff requests this Honorable Court award damage and expenses in the amount of $69,103.62 and damages for loss of its use, and other damages, costs and expenses recoverable in this case. COUNT II NEGLIGENCE Plaintiff v. Martini, Inc. 19. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint as if fully set forth here. 20. The Defendant Martini, Inc., as the employer and/or principal of Defendant Compton, is vicariously liable for the negligence, carelessness and/or recklessness of its agent, employee, and/or representative Defendant Compton. WHEREFORE, Plaintiff requests this Honorable Court award damage and expenses in the amount of $69,103.62 and damages for loss of its use, and other damages, costs and expenses recoverable in this case. COUNT III NEGLIGENCE Plaintiff v. Michael Conlee 21. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint as if fully set forth here. 22. All of the Plaintiff's damages, as hereinafter alleged, were caused by the negligence, carelessness, and recklessness of Defendant Conlee in that said Defendant: a. Failed to operate his vehicle in a proper, lawful, and safe manner; b. Failed to take due care with regard to the operation of his vehicle, including having his vehicle under control so as to avoid striking another vehicle or objects; c. Failed to operate his vehicle in a manner that would avoid causing the collision with another vehicle and the resulting damage; d. Failed to operate his vehicle at a safe speed; e. Failed to operate his vehicle in a manner so as to avoid contacting other vehicles or debris; f. Operated his vehicle in a reckless and/or inattentive manner; g. Operated his vehicle at an excessive rate of speed under the circumstances; h. Failed to obey the applicable federal, state, and/or local law and/or regulations with regard to the operation of his vehicle; i. Was otherwise negligent under the circumstances. 23. As a result of the aforesaid carelessness, negligence, and recklessness of Defendant Michael Conlee, :Plaintiff s vehicle sustained damage and expenses in the amount of $69,103.62 and loss of use thereof. WHEREFORE, Plaintiff requests this Honorable Court award damage and expenses in the amount of $69,103.62 and damages for loss of its use, and other damages, costs and expenses recoverable in this case. COUNT IV NEGLIGENCE Plaintiff v. Meade Trucking Company, Inc. 24. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint as if fully set forth here. 25. The Defendant Meade Trucking Company, Inc., as the employer and/or principal of Defendant Conlee, is vicariously liable for the negligence, carelessness and/or recklessness of its agent, employee, and/or representative Defendant Conlee. WHEREFORE, Plaintiff requests this Honorable Court award damage and expenses in the amount of $69,103.62 and damages for loss of its use, and other damages, costs and expenses recoverable in this case. COUNT V NEGLIGENCE Plaintiff v. Dale Cooper 26. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint as if fully set forth here. 27. All of the Plaintiff's damages, as hereinafter alleged, were caused by the negligence, carelessness, and recklessness of Defendant Cooper in that said Defendant: a. Failed to operate his vehicle in a proper, lawful, and safe manner; b. Failed to take due care with regard to the operation of his vehicle, including having his vehicle under control so as to avoid striking another vehicle or objects; c. Failed to operate his vehicle in a manner that would avoid causing the collision with another vehicle and the resulting damage; d. Failed to operate his vehicle at a safe speed; e. Failed to operate his vehicle in a manner so as to avoid entering Plaintiff s lane without notice; f. Operated his vehicle in a reckless and/or inattentive manner; g. Operated his vehicle at an excessive rate of speed under the circumstances; h. Failed to obey the applicable federal, state, and/or local law and/or regulations with regard to the operation of his vehicle; i. Was otherwise negligent under the circumstances. 28. As a result of the aforesaid carelessness, negligence, and recklessness of Defendant Jeffrey Cooper, Plaintiff's vehicle sustained damage and expenses in the amount of $69,103.62 and loss of use thereof. WHEREFORE, Plaintiff requests this Honorable Court award damage and expenses in the amount of $69,103.62 and damages for loss of its use, and other damages, costs and expenses recoverable in this case. COUNT VI NEGLIGENCE Plaintiff v. McElroy Truck Lines, Inc. 29. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint as if fully set forth here. 30. The Defendant McElroy Truck Lines, Inc., as the employer and/or principal of Defendant Cooper, is vicariously liable for the negligence, carelessness and/or recklessness of its agent, employee, and/or representative Defendant Cooper. WHEREFORE, Plaintiff requests this Honorable Court award damage and expenses in the amount of $69,103.62 and damages for loss of its use, and other damages, costs and expenses recoverable in this case. RESPECTFULLY SUBMITTED: MARCELLO & KIVISTO, LLC Date: S o /p By: _ Dougl rcello, Esq. Atto ey I.D. No. 36510 Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 T: (717) 240-4686 Attorney for Plaintiff VERIFICATION I' I S -j• IL hereby verify that the averments made in the attached document are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. By: Dated:_ 3 f q y1O Ward Trucking, LLC IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. Civil No. 10-677 Civil Earnest Compton, Martini, Inc., JURY TRIAL DEMANDED Michael Conlee, Meade Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. CERTIFICATE OF SERVICE I certify that the foregoing Complaint in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the j2? day of March, 2010. Earnest Compton R.D. 2, Box 66A New Milford, PA 18834 Wade D. Manley, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Attorney for Defendants Dale Cooper and McElroy Truck Lines, Inc. Meade Trucking Company, Inc. 478 Lee Highway Verona, VA 24482 Martini, Inc. 46 South Hunter Highway Harrisonburg, VA 22801 Angela . Rainey, Esq. Ward Trucking, LLC IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. Civil No. 10-677 Civil ; Earnest Compton, Martini, Inc., JURY TRIAL DEMANDED Michael Conlee, Meade Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines Inc. CERTIFICATE OF SERVICE I certify that the Plaintiffs Complaint in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 11th day of March, 2010. Martini, Inc. 46 South Hunter Highway Drums, PA 18222 r, 4 2-0. Wz V 2 t Z. ?- Angela . Rainey, Esq. Ward Trucking, LLC IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. Civil No. 10-677 Civil Earnest Compton, Martini, Inc., JURY TRIAL DEMANDED _ Michael Conlee, Meade C- ° -? Trucking Company, Inc., Dale 1 Cooper, and McElroy Truck - Lines, Inc. E5 CERTIFICATE OF SERVICE 1?1 co w_- I certify that the Plaintiffs Praecipe to Reissue Writ of Summons in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 11th day of March, 2010. Martini, Inc. 46 South Hunter Highway Drums, PA 18222 cti. Angela . Rainey, Esq. FIM-CFACE OF TNr- °FCTWYOOTARY FOX GREENBERG, P.C. BY: JOHN F. FOX, JR. ?Q I D 17 F • ' Identification No. 31854 ' 3: s o 2 Penn Center - Suite #1310 Philadelphia, PA 19102 Cl?''s Ja`r` (215) 568-6868 WARD TRUCKING, INC. VS. MARTINI, INC. and EARNEST D. COMPTON TO THE PROTHONOTARY: PRAECIPE Attorney for Defendants Martini, Inc. and Earnest D. Compton COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action-Law NO. 10-677 Civil Kindly enter my appearance on behalf of Defendants Martini, Inc. and Earnest D. Compton, in the above-captioned matter. FOX GREENBERG, P.C. By: 0'?' 7 J F. FOX, JR., E UIRE Attorney for Defendants Defendants Martini, Inc. and Earnest D. Compton FOX GREENBERG, P.C. BY: JOHN F. FOX, JR. Identification No. 31854 2 Penn Center - Suite #1310 Philadelphia, PA 19102 (215) 568-6868 Attorney for Defendants Martini, Inc. and Earnest D. Compton WARD TRUCKING, INC. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Civil Action-Law MARTINI, INC. and EARNEST D. COMPTON NO. NO. 10-677 Civil CERTIFICATE OF SERVICE I, John F. Fox, Jr., Esquire, hereby certify that a true and correct copy of the Praecipe to enter my appearance on behalf of Defendants Martini, Inc. and Earnest D. Compton was served upon counsel listed below by Regular First-Class United States Mail, postage prepaid this 15d' day of March, 2010: Wade D. Manley, Esquire Douglas B. Marcello, Esquire Johnson Duffy Marcello & Kivisto 301 Market Street 1200 Walnut Bottom Road, Ste 331 P.O. Box 109 Carlisle, PA 17015 Lemoyne, PA 17043-0109 Michael Conlee Meade Trucking Co., Inc. 12 Hickery Nut Road 478 Lee Highway Shrewsbury, PA 17361 Verona, Virginia 24482 By: L' _ - ? - JOHN F. FOX, JP4, ESQUIRE Attorney for Defendants Defendants Martini, Inc. and Earnest D. Compton Date: 2)1- (J SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~L.~..i" ~~~` ~~~~ -:4 ~,, 1 Sheriff ~- Jody S Smith ~g~~ ~AR ~ ~~~ ;" ;. ; Chief Deputy - 2tiat0MAR AM 9~ U I Edward L Schorpp ~,(~„~~ ~.~' <T, y Solicitor ~~~..~~ ~r~V . ~.~~A Ward Trucking, LLC Case Number vs. 2010-677 Meade Trucking Company, Inc. (et al.) SHERIFF'S RETURN OF SERVICE 01/28/2010 ~ On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to Meade Trucking Company, Inc. 01/28/2010' On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to Dale Cooper. 01/28/2010 ~On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to McElroy Truck Lines, Inc. 01/28/2010 ~' Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Martini, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Luzerne County, PA to serve the within Writ of Summons acdording to law. 01/28/20101 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michael Conlee, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Writ of Summons according to law. 01/28/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Earnest Compton, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Susquehanna County, PA to serve the within Writ of Summons according to law. 01/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, Dale Cooper, in the following manner: On January 28, ~ 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 11200 Lakeview Drive, Lot 425, Hagerstown, MD 21740. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by and adult in charge on January 30, 2010. 02/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, McElroy Truck Lines, Inc., in the following manner: On January 28, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 111 80 Spur, Cuba, AL 36907. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Chase Gentry on February 1, 2010. 02/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, Meade Trucking Company, Inc., in the following manner: ,; On January 28, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of P.O. BOX 314 Verona, VA 24482-0314. The certified mail return receipt card was received by the Cumberland County Sheriffs Office signed by Carolyn Beam on February 2, 2010. 02/04/2010 12:58 PM -Susquehanna County Return: And now February 4, 2010 at 1258 hours I, Lance M. Benedict, Sheriff of Susquehanna County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Earnest Compton by making known unto himself personally, at The Susquehanna County Sheriffs Office, 11 Maple Street, Montrose, PA 18801 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/23/2010 Luzerne County Return: And now February 23, 2010 at 1346 hours I, Charles Guarnieri, Sheriff of Luzerne County, Pennsylvania, do herby certify and return that I served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Martini, Inc. by making known unto Jack Martini, Owner of Martini, Inc. at 46 South Hunter Highway, Drums, PA 18222 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/26/201 ~' On this date Ronny R. Anderson, Sheriff mailed the within Writ of Summons by certified mail, return receipt requested to Michael Conlee. 03/05/2010 York County Return: And now, February 2, 2010 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Michael Conlee the defendant named in the within Writ of Summons and that I am unable to find him in the County of York and therefore return same NOT FOUND. Current resident at 12 Hickory Nut Road, Shrewsbury, PA 17361 advised Deputies the defendant is thought to be living in Harrisonburg, VA for the past 6-10 years. 03/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ of Summons upon the within named defendant, Michael Conlee, in the following manner: On February 26, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Writ of Summons to the defendant's last known address of 12 Hickory Road, Harrisonburg, VA 22801. The certified mail return receipt card was returned to the Cumberland County Sheriffs Office by the Unitec States Post Office as "No Such Number" "Unable to Forward" Return to Sender on February 8, 2010. 03/11/2010 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return receipt requested to Michael Conlee. 03/24/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Complaint and Notice upon the within named defendant, Michael Conlee, in the following manner: On March 11, 2010 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known address of 12 Hickory Road, Harrisonburg, VA 22801. The certified mail return receipt card was returned to the Cumberland County Sheriffs Office March 24, 2010 as "No Such Street". SHERIFF COST: $179.48 March 24, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF {~~~~~ 7 ~„ sr,~ ~ LUZERNE COUNTY SHERIFF'S DEPARTMENT FaX (5 0) 825-165 200 NORTH RIVER STREET • WILKES-BARRE, PENNSYLVANIA 18711 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS: You must ~ one irsstruction sheet PROCESS RECEIPT, and AFFIDAVIT OF RETURN for EACH DEFENDANT. Please type or print Iegibiy.Do Not detach any copies. 1. PLAINTIFF{S) 2. COURT NUMBER ln)auid ~j•rUfJu r LLC 2010-677 3. DEFENDANT(S) Ep~h¢.r} ~b~~. I..l0.P~jY11~ 1v1C.r µiCJ~O.~ r^ Cam, tvlt~ld~-Trurtl:lv+~ 4. TYPE OF WRIT or COMPLAINT C_orln.Ua~v, lnc.. Dale Coopu' and IAaElroy ITIA.Gk Lilno~, 1v-~-. V~1r i } of Sw~+wroNs --_ - SERVE .,....,..._ _...--~-------• -- ~ ~/I at}iYil ~ nc.. 6. ADDRESS (Street, or RFD, Apartment No.. City, Boro., Twp., State and Zip Code). AT 4{0 cS'o1,lTY- ~urt~-Gf' N'igl~wo~~ ~rI,tAMS, PA 1$0'~~ 7. INDICATE UNUSUAL SERVICE: ^ CERT. MAIL ~7 DEPUTIZE ^ POST ^ OTHER ( RT A Now, JANUARY ?$ 20 1~ ,1, SHERIFF C1 E~ ~~UNTY. PA., do hereby tiz of . LUZE,RNE County to execu~~tis,Wdt anti makatee ~c or ' This deputation being made at the request and risk of the 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDRiNO 9. PRINT/TYPE NAME AND ADDRESS OF ATTORNEY/ORIOINATOR ~out~ku B• btarcellor Fs~. 331 Csirlisl~ Pa 1-145 1~•Oo {,oo~\vw~} $oil-ttrwlh yZoad~ ~• ~ NOTE ONLY CA! ON OF EXECUTION: N.l. WAIVER OF WATCHMEN-My deputy sherff levying upon or attaching any property under within writ may leave same wfTtlouf a watchman, in custody of whomever is found in possession, after noH(ying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. desfnrctbn or removal of arty such property before sherlH's sale ttrereof. 10. I acknowledge receipt of the writ or complaint ~ indicated above of Authorized LCSD Deputy ~~~ 11. ~ (/ TO BE COMPLI 13. Served and made known to y " ti ~/~ /~ of _ l`~/K at the _-_~,~ ~ tiT ~ ar/ ` ->- ~„'---~- Commonweaith of Pennsylvonia, in the manner des-cri~bed bel ^ Defendant(s) personally served. ^ Adult family member with whom said Defendant(s) reside(s). Relationship is ^ AduR in charge of Defendant's residence. Manager/Clerk of place of lodging in which Defendant(s) res' e(s). Agent or rson in charge of fendant's office or usual ce of business. BY SHERIFF 20~, at PAID iN'7 ~,~„ i ~ f~ ~ r^ :~: c- -- ~. ~ ~~ ~c ~,r ,~ - ^ 17 ~' 1`(7•,x.. .,,, 12. Ezpiration/Hearing _, Defendant(s) o'clock. M, County of Luzeme. ^ Other On the day of ,20 , at o'clock, M. Defendant not found because: ^ Moved ~ ^ Unknown ^ No Answer ^ Vacont ^ Other REMARKS: RETURNED: SO ANSWERS. 14. AFFIRME~~~ t~~~ i~l 15. Signs of eP Sheriff 16. Date 17. da f ) 20 ~ ~ - Z" b J~ ER M RIE SE •~ NOT P, P Li 18. Sig to f S riff 19. Date 20. F ~ Y C0 M ,. , ~ N , ':~ t ~ sNEmFF of LItZBINE couNrY MY C 21. I ACKNOWLEDGE RECEIPT OF THE SHERI S R SIG ATURE 22. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TRLE. 7-1997 WHTTE: Prothonotary PINK: Luzerne County Sheriff YELLOW: Attorney V ?4: i fi'; I ~' i, -~~ .c:.. rT. .~ ~ ~- O b'oo ~ ~, ~N ~ ~ m ~N Q 1 I _ ~ N ~ ,',~ ~~~ ~ ~ .r ~ - h ~ ~ d' O I ~ . LL ~"~ ~ W I~ Q 4~ _ e. ~ ~S~~1Mt1 0 o g Z to ~ N~~ t4 Q `' . ,i Z O O ~ r ~UF- ~ Z~W 01 = ~p ~ ~ j '- i'l F O <f ~i ~ Z 3 a 4rJ !~i -_ O N ~ ~ - c -! ~ x .. . ~_ o « m ~ ~ m ,_,~~ u-' c ~_ .~~ ~ ~-- ~ ~ ~ o~ ,: ~ ~ ~ L! ~ ~ O v -~ D U ~ ~ .~~ u7 ~~- m ~ ~ ~ !a9 • Nt ~~~ ~ ~~ O ~ ~~~ N ~ ~, F • 4J taD L; O ~ ~~e.. J d~ ~ ~ t ~ ~ WZ ~_co y ~ m ~ ~ ~ d ~ > ~ = 6 U N ~ ~ ~ a t ~ o H v ~ ~ L O~VU ~ ~ F9e~t C so complete ~ ~ ~ and 3' s desaedeverse items ~' peUvery on the GomPiet Restri~addC yard to `1°ma~lpie°e, e • ipr r y° we ca to the ba cm tshe s ~a h tins Oaf space P P e fr ~ or on th dressed to: ~gS ~ -LnC t Pr~rc\e pd T~Ck L 111 $~ Lp 369~~ CUba~ A 201~,6~'I brri seN~~e IabeQ ~ 2 (transfer 8,1, Feprua~ 2~~A PS Fora, 3 P/ ed by ~ ~ C ~! ' tom item 1Z ~ Q No ~(n. 5L add25sditer Belo`"'' .., 0 1sdeCaaenter de5aery adores 1f YES, M Mere andise V."' 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Also complete item 4 i Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Meade Trucking Company, Inc. 478 Lee Highway Verona, VA 24482 2010-677 A. Si rSatl/re / ® ^ Agent ~e . ~ . Received b) (Printed Mame) C~D~~ of Delivery ' ~6 ~ - di / D. Is delivery address different from item 1? ^ Yes ~, ~ ~~ (~ bbb If YES, enter delivery address below: ^ No (/e f-~o~-r4~ 1~~9 24-4~~'i-U3~yG 3. Service Type ' Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. _ 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7pp4 1350 0003 7145 8879 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt to25s5-o2-NI-7540 /s In The Court of Common Pleas of Cumberland County, Pennsylvania Ward Trucking, LLC Earnest Compton R.D. 2, Box 66A New Milford, PA 18834 vs. Civil No. 2010-677 Now, January 28, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Susquehanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 15C~^'L~ Shentt of Cumberland County, PA Affidavit of Service NOW, FEBRUARY 4 , 2~ 10 , at 12:58 O'C10Ck P M, served the within WRIT OF SUM~'~fONS upon EARNEST COMPTON at SUSQ. CTY SHERIFF'S OFFICE. 11 MAPLE STREET, MONTROSE, MONTROSF., BOROUGH- by handing to EARNEST PERSONALLY a CERTTFTED ATTF n copy of the original and made known to HIM So answers, DEPUTY Sheriff of SLT PAULA J MA COSTS Sworn and subscribed be ore SERVICE_ me this ~ day of ,20 /Q MILEAGE ` AFFIDAVIT 19.00 ~ sn County, PA 44.50 DEPUTY PROTHO OTARY $ ~,..~" PRnTt:Q~~OTARY ';'€ ~'SSIO~! EXPIRES ,,.~~ OF JANUARY~Q,I~ 18.00 $ WRIT OF SiTMMO]~TS the contents thereof. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber ~,, Sheriff ~y/ `~ i Reuben B Zeager °~-. Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration WARD TRUCKING, LLC Case Number vs. EARNEST COMPTON et al (et al.) 10-677-CIVIL SHERIFF'S RETURN OF SERVICE 02/02/2010 RICHARD P. KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: MICHAEL CONLEE, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED CIVIL ACTION AS "NOT FOUND" AT 12 HICKORY NUT ROAD, SHREWSBURY, PA 17361. PER PATSY PRICE AT 12 HICKORY NUT ROAD, SHREWSBURY, PA 17361, DEF NEVER LIVED AT ADDRESS, PATSY STATED DEFT IS TO BE LIVING IN HARRISINBURG, VA., FOR APPROX. THE LAST 6-10 YEARS. SHERIFF COST: $19.00 SO A ERS, March 03, 2010 R CHARD P E LEBER, SHERIFF NOTARY Affirmed and subscribed to before me this CO M NW1A6~fiH 0~ ~~wr~~dW NOTARQfc 201 U5A L. THORP~, NOTA Y,• JF3lIC YORK,YC7RK ~' ~ "' ~ ~ '~` MY COt7 1i0SS10N EXPIR - A,ly ,, 1 „ ~ 13 CC~'~'~i~~//~"`'--~_ ~ N N ! `~~~ D aDm~ ~''~ -mow c ~ ~`[A ~ (b a ~ " ° v v , io 3 i .1 7 y ~ y, O Q n N 1 (~ ~mw m 2 ,~,~ ~ O,a ~a~ ~ i N ~ C ~ ~ m ~ jai a ;'~~ ~' ~wmo-i (7 ~ ~ y oo ~, °_ ° c o .¢ . o c ~ / 3 C ~ c. R -~ / w ~ c o ~ ^,~ ~ ~. ~ 0 ,. ;' ~ m O m ~ ~ Y ~~ c ~ m sDC) +~ ~a ~D ..- _ 'o O c~i fD m ~ ~/ ~ m m ~' ~ ~, ~ '~ m ~ a W m 3 m. ~ n ~ m~~., n a ~ I - ~ "-~ s ~ ~ N ~ °_ ~ ^ ^ ^ ~ ~ Q U"1 ~ C7 7D X a ~ m rp p ~ ~ ._. ~ w `. y °' i ~ m 3 O m O N ~ ^ ~ ^ ^ ~ ^ - ~ b m c3 Z~ ~ DT i ~ rA ~ ° w a m n c ~ o m ~ m .~.. m _.._. _ _ x. ,~E - _._. ~;~~ r~ ~ ;~,, ~r ~5 ~ ~ `}~:. ~" ~~ z ~ .~~`~~'~ ~~ ~ ~ ~ „r i K /1~ Jail` L .,fit ~~~ . ~ fr„ rw ~ z ,~~~~ ~,~; s~ ¢ ~~ ~ ' I', 1 .~ _~. _ .-~~ ~~ x III ,~ , ._ ~- ~ ~ rr ~ ~ ~ , _ ~ ~ r ~~ a t ~_ ~~ z ~ _ -- _ - ~ ~~ • ~ ~ 1'S N N~ n ~' ~~ O ~~ ~ x ~ ~ ~~ ° ~ o x i ~ ,,a ---- : ~~ ., rj ~ ~ ~ - fly tD ~ p W ~~ ~~ -, ^' ~ ~.~ . m `, O ~_ ~~~ "~ ~ - ~ F--` . ~ , ~_ ~ ~~~ ~ ~ ~ ~'~~ ~~ W ~ .~~ -- - - ~ +t .Y ~. ~l ~ ~~ . :~ ~' ~, , `~ . ~~ w~_ ~ ~~~ ~ ° ,., ~ ~' ci ~ ~ ~ "` ~~A r d ra ~ , .: 4 T ~. ~ ~4:s;e;~ m ~'' r.;;~:. Ward Trucking, LLC Plaintiff v. Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. Defendants V. Seth W. Felty, Kinard Trucking, and Lanry W. Christian Additional Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil No. 10-677 Civil JURY TRIAL DEMANDED n ~. ,~~ t-, , ~' ~_, ?~- c - t=-; . ~- ,.. N C7 •/ o -r, ---~ c.... -r r = ~-t ?~ --, '-_ ~w -~} L l -~, rn c~ N Please issue a Rule against Defendants, Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc., Dale Cooper and McElroy Truck Lines, Inc. to file a Third Party Complaint within 20 days or suffer judgment non pros. Respectfully submitted, MARCELLO & KIVISTO, LLC So isto, Esquire (Attorney ID 92919) 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 (717)240-4686 RULE TO FILE A THIRD PARTY COMPLAINT TO THE DEFENDANTS EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, AND McELROY TRUCK LINES, INC.: You are hereby directed to file a Third Party Complaint in the above-captioned matter in 20 days or judgment non pros will be entered against you. DATE: H OT RY Ward Trucking, LLC IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY; PA v. Civil No. 10-677 Civil Earnest Compton, Martini, Inc., JURY TRIAL DEMANDED Michael Conlee, Meade Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. Defendants v. Seth W. Felty, Kinard Trucking, and Larry W. Christian Additional Defendants CERTIFICATE OF SERVICE I certify that the foregoing Rule to File Third Party Complaint in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 15th day of June, 2010. Wade Manley, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043 John F. Fox, Jr. Fox Greenburg, P.C. 2 Penn Center Suite 1310 Philadelphia, PA 19102 Jeffrey Krawitz, Esquire Spector, Gadon, Rosen, P.C. 1635 Market Street, 7~' Floor Philadelphia, PA 19103 Larry W. Christian 73 Chivas Drive Roanaoke, VA 24019 I further certify that the foregoing Entry of Appearance in the within action was served upon the following by hand delivering same at the address that follows on the 15th day of June, 2010. Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 SPECTOR GADON & ROSEN, P.C. BY: JEFFREY A. KRAWITZ, ESQUIRE Attorney I.D. No. 49530 1635 Market Street, 7`" Floor Philadelphia, PA 19103 (215) 241-8889 jkrawitz~~laws rg com Ward Trucking, LLC Plaintiff, v. Q L~~O ` viJ~ - ~ iii l ~ s ~ f .,~ , s - COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL NO.: 10-677 Civil Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc. Dale Cooper, and McElroy Truck Lines, Inc. Defendants. v. Seth W. Felty, Kinard Trucking, Inc. and Larry W. Christian Additional Defendants. JURY TRIAL DEMANDED JOINDER COMPLAINT OF DEFENDANTS MEADE TRUCKING COMPANY. INC. AND MICHAEL CONLEE Defendants, Meade Trucking Company, Inc. and Michael Conlee, hereby file the within Joinder Complaint and in support thereof aver as follows: 1. Defendant, Meade Trucking Company, Inc. ("MTC") was at all times relevant, and is a registered motor carrier existing under the laws of State of Virginia with a registered address of 478 Lee Highway, Verona, VA 24482. 2. Defendant, Michael Conlee ("Conlee") is a citizen and resident of the State of Virginia residing therein at 3311 Taylor Spring Lane, Harrisonburg, VA 22801. 3. At all times relevant, Conlee was operating a 2000 Kenworth 900 tractor and hauling a trailer, both of which were owned and controlled by defendant MTC. 4. Additional defendant, Kinard Trucking, Inc. ("Kinard Trucking") is a corporation existing under the laws of the Commonwealth of Pennsylvania with a registered address therein at 310 North Zarfoss Drive, York, PA 17404. 5. Additional defendant, Seth W. Felty ("Felty") is a citizen and resident of the Commonwealth of Pennsylvania residing therein at 2451 Heilmandale Road, Jonestown, PA 17038. At all times relevant, Felty was operating a 2001 Kenworth T600 tractor and trailer on behalf of Kinard Trucking. 6. Additional defendant Larry W. Christian ("Christian") is a citizen and resident of the State of Virginia residing therein at 73 Chivas Drive, Roanoke, VA 24018. At all times relevant, Christian was operating a 2007 International Harvester 9200 tractor and trailer on behalf of Ward Trucking, LLC. 7. Additional defendant Felty was an employee, agent, or ostensible agent of additional defendant Kinard Trucking at the time of the accident which is the subject of Ward Trucking, LLC's Complaint. At all times relevant, Felty was acting within the scope of his employment and/or agency relationship with Kinard Trucking. 8. Additional defendant Christian is was an employee, agent, or ostensible agent of plaintiff Ward Trucking, LLC at the time of the accident which is the subject of the Ward Trucking, LLC's Complaint. At all times relevant, Christian was acting within the scope of his employment and/or agency relationship with Ward Trucking, LLC. FACTS OF THE ACCIDENT 9. The events giving rise to the filing of the Complaint on behalf of plaintiff, Ward Trucking, LLC occurred on January 29, 2008 at approximately 11:58 p.m. on northbound Interstate 81 in Southampton Township, Cumberland County, PA. 10. At or about that time, although it was light rain or mist, the roadway was ostensibly clear with no obstructions to travel. 11. Defendants, MTC and Conlee have been joined in the lawsuit filed by plaintiff, Ward Trucking, LLC. Ward Trucking, LLC has alleged that MTC and Conlee were negligent in various respects with the operation of their tractor trailer, despite the fact that Conlee, on behalf of Meade, was faced with a sudden emergency as a result of the tractor and trailer being operated by defendant Earnest Compton on behalf of Martini, Inc. having apparently left the travel surface, drove into the median, lost control and eventually overturned causing the tractor and trailer to be lying on its driver's side completely blocking both lanes of travel. It is further averred that that loss of control and overturning. occurred north of a curve in the road and was not observed at all by Mr. Conlee whose first awareness was when he was approaching and within a very short distance of the underside of Martini's trailer, with no meaningful opportunity to avoid any collision. Thereafter, the MTC trailer was run into and/or collided into by the vehicle being operated by additional defendant Felty on behalf of Kinard Trucking and the tractor trailer being operated by Christian on behalf of plaintiff Ward Trucking, LLC. Felty, Kinard Trucking and Christian are hence responsible for the damages and/or alleged injuries which occurred on the part of Ward Trucking as a result of the collisions or movement of their vehicles. 12. If it is judicially determined that the plaintiff, Ward Trucking, LLC suffered damages as alleged in the Complaint (a true and correct copy of which is attached hereto as Exhibit "A") then the damages were caused solely, jointly and/or severally by the negligence and carelessness of additional defendants Felty, Kinard Trucking and Christian. 13. The negligence, carelessness and recklessness of additional defendants Felty, Kinard Trucking and Christian consisted of, and is not limited to: a. failing to properly train drivers for over-the-road driving, particularly in nighttime and inclement conditions; b. failing to enforce DOT regulations concerning the amount of hours and distances which the drivers may be on the road; c. failing to enforce procedures concerning amount of hours and distances drivers can be on the road; d. employing/hiring drivers despite adverse driving records/histories; e. providing vehicles for operation over-the-road in unsafe conditions; f. failing to inspect and enforce DOT safety regulations and procedures for the tractors and trailers operated by additional defendants; g. permitting unqualified drivers to operate over the road tractor trailers; h. failing to enforce DOT safety regulations and procedures for operation of tractor and trailers over the public highways. 14. In addition to the negligence and carelessness as alleged above, defendants MTC and Conlee further allege that the damages as set forth in plaintiff's Complaint attached hereto as Exhibit "A" were directly and proximately caused by additional defendants' negligence in: a. operating vehicles at an excessive rate of speed under the circumstances; b. failing to keep a reasonable lookout for hazards and other vehicles on the roadway; failing to have vehicles under proper and adequate control under the circumstances; d. failing to use and/or apply the braking mechanisms or take other reasonable steps to avoid collisions; e. failing to observe the vehicles in front of them until they were so close so as to be unable to stop or avoid striking or causing other vehicles to lose control and by causing other hazards on or adjacent to the roadway; f. failing to operate vehicles in a reasonable manner under the circumstances according to then existing weather and/or climatic conditions; g. operating their vehicles at such a speed and such a manner so as to create a dangerous condition for other motorists on the roadway; and h. failing to drive at such a speed and such a manner so as to be able to stop vehicles within an assured clear distance in violation of 75 Pa.C.S. §3361. 15. Additional defendant Kinard Trucking is subject to vicarious liability for the acts and/or omissions of its respective employee or agent, additional defendant Felty. 16. Plaintiff Ward Trucking, LLC is is subject to vicarious liability for the acts and/or omissions of its respective employee or agent, additional defendant Christian. 17. If it is judicially determined that additional defendants Felty, Kinard Trucking and Christian are liable for any or some of the causes of action as set forth in plaintiff's Complaint (attached hereto as Exhibit "A"), then defendants MTC and Conlee aver that additional defendants are solely liable to the plaintiff, jointly and severally liable to the plaintiff, or liable over to defendants MTC and Conlee on common law contribution and/or indemnification. WHEREFORE, defendants MTC and Conlee deny any liability upon the claims set forth in plaintiff Ward Trucking, LLC's Complaint (Exhibit "A") and hereby demand judgment in their favor and against each of the additional defendants Felty, Kinard Trucking and Christian, jointly and severally as to the Ward Trucking, LLC's claims. SPECTOR GADON & ROSEN, P.C. Meade Trucking Company, Inc. and Michael Conlee VERIFICATION I, Jeffrey A. Krawitz, Esquire, attorney for defendants Meade Trucking Company, Inc. and Michael Conlee herein, hereby state that the facts contained in the foregoing Joinder Complaint are true and correct to the best of my knowledge, information and belief. I am aware and hereby certify that this verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. OR GADON & ROSEN, P.C. TZ Meade TruclCompany, Inc. and Michael Conlee C:AN R PORTBL\SG R\K W [NTERSTEEN\861934 1. DOC CERTIFICATE OF SERVICE JEFFREY A. KRAWITZ, ESQUIRE, hereby certifies that he did cause a copy of Joinder Complaint by Defendants Meade Trucking Company, Inc. and Michael Conlee to be sent first class mail on July 6, 2010 to: Sonya Kivisto, Esquire Marcello &Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Douglas Marcello, Esquire Marcello &Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 John F. Fox, Jr., Esquire Fox Greenberg 1310 Two Penn Center 1500 John F. Kennedy Blvd. Philadelphia, PA 19102-1722 Wade D. Manley, Esquire Law Office Johnson Duffie 301 Market Street P. O. BOX 109 Lemoyne, PA 17043-0109 Lee C. Swartz, Esquire Tucker Arennberg, P.C. 111 N. Front Street P.O. BOX 889 Harrisburg, PA 17108-0889 C: ANR PORTB L\SGR\K W INTER STEEN\861934 l . DOC Larry W. Christian 73 Chivas Drive Roanoke, VA 24019 John P. Encarnacion, Esquire Joseph G. Rattigan, Esquire White and Willams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 SPECTOR GAD~~T & ROSEN, P.C. tto ys for De nd is Meade Trucking mpany, Inc. and Michael Conlee C:\NR PORTBL\SGR\K W INTERSTEEN\861934 I . DOC Ward Trucking, LLC Plaintiff v. Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. Defendants v. Seth W. Felty, Kinard Trucking, Inc., and Larry W. Christian Additional Defendants . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil No. 10-677 Civil JURY TRIAL DEMANDED You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with 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 other claim or relief requested by the plaintiff. You may lose money or property or other rights import to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER YOU LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEES. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 Ward Trucking, LLC Plaintiff v. Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. Defendants v. Seth W. Felty, Kinard Trucking, Inc., and Larry W. Christian Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA . Civil No. 10-677 Civil . JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDO A LISTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia excrita o en persona o por abogado y archivar en la Corte en forma escrita sus defenses o sus objeciones a las demandas en contra de tomara medidas y puede entrar una Orden contra usted sin previo aviso 0 notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 Ward Trucking, LLC Plaintiff v. Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. Defendants v. Seth W. Felty, Kinard Trucking, Inc., and Larry W. Christian Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil No. 10-677 Civil JURY TRIAL DEMANDED KINARD TRUCKING'S AND SETH FELTY'S ANSWER TO DEFENDANTS JOINDER COMPLAINT Additional Defendants, Kinard Trucking, Inc. and Seth Felty, hereby file the within Answer to Defendants' Joinder Complaint and in support thereof aver as follows: 1. Denied. Answering Additional Defendants are without information or belief as to the truth of the averments of Paragraph 1; hence they are denied and proof is demanded at the time of trial. 2. Denied. Answering Additional Defendants are without information or belief as to the truth of the averments of Paragraph 2; hence they are denied and proof is demanded at the time of trial. 3. Answering Additional Defendants are without information or belief as to the truth of the averments of Paragraph 3; hence they are denied and proof is demanded at the time of trial. 4. Admitted. 5. Admitted. 6. Answering Additional Defendants are without information or belief as to the truth of the averments of Paragraph 6; hence they are denied and proof is demanded at the time of trial. 7. Admitted in part and denied in part. It is admitted that at the time of the accident Additional Defendant Felty was an employee of Additional Defendant Kinard Trucking. It is further admitted that at all times relevant, Felty was acting within the course and scope of his employment. All allegations of agency and/or ostensible agency are specifically denied and proof is demanded at the time of trial. 8. This paragraph is directed at a party other than Answering Additional Defendants, and therefore no response is necessary. 9. Admitted. 10. Denied. The averments of this paragraph are denied pursuant to Pa.R.Civ.P 1029(e). Further, the averments are specifically denied. By way of further response there was rain and fog at the time of the accident; the roadway was wet; and there were no street lights on the Interstate. 11. Denied. The averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). All allegations of negligence and causation on the part of Answering Additional Defendants are specifically denied. Proof is demanded at the time of trial. 12. Denied. The averments of this paragraph are specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 13. Denied. The averments of this paragraph are specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 14. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. By way of further response, the averments are specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. 15. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. All allegations of agency and/or ostensible agency are specifically denied and proof is demanded at the time of trial. 16. This paragraph is directed at a party other than Answering Additional Defendants, and therefore no response is necessary. 17. Denied. The averments of this paragraph constitute conclusions of law to which no responsive pleading is required. By way of further response, the averments are specifically denied and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. WHEREFORE, Additional Defendants request judgment in their favor. NEW MATTER DIRECTED TO MICHAEL CONLEE AND MEADE TRUCKING COMPANY, INC. 18. Some or all of Plaintiffs' claims may be barred or reduced by the provisions of the Pennsylvania Financial Responsibility Law. 19. Some or all of Plaintiff s claims may be barred or reduced by Plaintiff's election of the limited tort option. 20. Some or all of Plaintiffs' claims may be barred by the applicable Statute of Limitations. 21. Some or all of Plaintiffs' claims may be barred or reduced by Plaintiff's contributory and/or comparative negligence. 22. Answering Additional Defendants are not responsible for any harm allegedly caused by acts or omissions of third parties for whom they are not responsible and over whom they have no control. 23. Defendants' Joinder Complaint fails to state a cause of action upon which relief can be granted against Answering Third-party defendants. 24. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. § 1701 et seq. 25. Plaintiffs' claims are barred and/or limited by the applicable provisions of the Pennsylvania Comparative Negligence Act. 26. Plaintiffs' damages occurred as a result of Plaintiffs' assumption of the risk. 27. Defendants Conlee's and Meade's damages, occurred as a result of their assumption of the risk. 28. If plaintiff sustained damages as claimed in their Complaint, said damages being specifically denied, those damages were caused in whole or in part by plaintiff's own negligence. 29. If plaintiffs sustained damages as claimed in their Complaint, said damages being specifically denied, those damages were caused in whole or in part by conditions over which answering third-party defendants had no control. 30. The accident and damages as alleged herein occurred as a result of the negligence, carelessness, recklessness and wanton willful disregard for the safety of others on the part of third-parties. 31. Answering Additional Defendants breached no duty owed to plaintiffs, defendants or co-additional defendants. 32. All claims against Answering Additional Defendants, by any party, are barred and/or limited by the doctrine of Res Judicata, Collateral Estoppel and/or Judicial Estoppel. 33. Answering Additional Defendants at all times complied with all applicable provisions of the Federal Motor Carrier Safety Regulations and all other applicable state, federal, local and DOT regulations and ordinances. 34. All claims against Answering Additional Defendants, by any party, are barred and/or limited for failure to join necessary and/or indispensable parties. 35. All claims against Answering Additional Defendants, by any party, are barred and/or limited and/or substantially reduced because of each other party's failure to mitigate their damages. 36. Answering Additional Defendants were faced with a sudden emergency not of their making. 37. If Defendants Conlee and Meade sustained damages as alleged, said damages being specifically denied, those damages were caused in whole or in part by their own negligence. 38. Some or all of Defendants Conlee's and Meade's claims and damages may be barred or reduced by their contributory and/or comparative negligence. WHEREFORE, Additional Defendants request judgment in their favor. COUNTER CLAIM KINARD TRUCKING. INC. AND SETH FELTY v. MICHAEL CONLEE AND MEADE TRUCKING COMPANY, INC. 39. If Plaintiff sustained damages as alleged in Plaintiffs Complaint, said damages being herein strictly denied, then said damages were caused by acts, statements, omissions or negligence of Michael Conlee and Meade Trucking Company, Inc. as set forth in Plaintiff's Complaint, to which reference is made hereto without adoption or omission. 40. Michael Conlee and Meade Trucking Company, Inc. are solely liable to Plaintiff, or in the alternative, should Answering Additional Defendants be found liable to Plaintiff, liability being herein strictly denied, then Michael Conlee and Meaded Trucking Compny, Inc. are jointly and severally liable with Answering Additional Defendants and is liable over to Answering Additional Defendants by of contribution and/or indemnification. WHEREFORE, Answering Defendants respectfully request judgment in their favor. Respectfully submitted, `'~onya Kivisto, Esquire PA ID 92919 MARCELLO & KIVISTO, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717)240-4686 F: (717)258-4686 skivisto@cdl-law.com Attorney for Kinard Trucking, Inc. And Seth Felty Ward Trucking, LLC IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA v, Civil No. 10-677 Civil Earnest Compton, Martini, Inc., JURY TRIAL DEMANDED Michael Coulee, Meade Trucking Company, Inc., Dale . Cooper, and McElroy Truck . Lines, Inc. Defendants v. Seth W. Felty, Kinard Trucking, Inc., and Larry W. Christian Additional Defendants . VERIFICATION ~~~ 7 ~, ~~ I, ~,~.. L . CSC as (k,,.,.,~ ~u~r , hereby venfy that the averments made in the attached Answer to Defendants' Joinder Complaint are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. B ~ ~ Y• Dated: /4 / U Ward Trucking, LLC Plaintiff v. Defendants v. Seth W. Felty, Kinard Trucking, and Larry W. Christian Additional Defendants Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc., Dale Cooper, and McElroy Truck Lines, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Civil No. 10-677 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that the foregoing Answer to Defendants' Joinder. Complaint in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 26th day of July, 2010. Wade Manley, Esquire John F. Fox, Jr. Jeffrey Krawitz, Esquire Johnson, Duffie, Stewart & Fox Greenburg, P.C. Spector, Gadon, Rosen, P.C. Weidner 2 Penn Center 1635 Market Street, 7~' Floor 301 Market Street Suite 1310 Philadelphia, PA 19103 PO Box 109 Philadelphia, PA 19102 Lemoyne, PA 17043 Larry W. Christian 73 Chivas Drive Roanaoke, VA 24019 I further certify that the foregoing Answer to Defendants' Joinder Complaint in the within action was served upon the following by hand delivering same at the address that follows on the 26th day of July, 2010. Douglas B. Marcello, Esquire Marcello &Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 ~~ L' V onya Kivisto •~. ~-.. r,-"'t ~~_. ._ ,~ L..;, Ward Trucking, LLC, Plaintiff v. Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Co., Inc., Dale Cooper, and McElroy Truck Lines, Inc., Defendants v. Seth W. Felty, Kinard Trucking, Inc. And Larry W. Christian, Additional Defendants (~ r ' a ,qv(T ~ l~ht lo: y (^ 8 ~ tj~ f _ _ ~T1; ~ ~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL NO.: 10-677 Civil JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly, enter my appearance on behalf of Additional Defendant, Larry W. Christian. Respectfully Submitted, Date: ? .t` T D MARCELLO & KIVISTO, LLC By: Dougla~Marce~, Esquire Attorney I.D. No. 36510 Angela N. Rainey, Esquire Attorney I.D. No. 207168 MARCELLO & KIVISTO, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717)240-4686 F: (717)258-4686 Attorney for Additional Defendant Larry W. Christian .,1 ~{ • ~ 1 Ward Trucking, LLC, Plaintiff v. Earnest Compton, Martini, Inc., Michael Coulee, Meade Trucking Co., Inc., Dale Cooper, and McElroy Truck Lines, Inc., Defendants v. Seth W. Felty, Kinard Trucking, Inc. And Larry W. Christian, Additional Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL NO.: 10-677 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that the foregoing Entry of Appearance, in the within action was served upon the following by enclosing the same in an envelope addressed. as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 2nd day of August, 2010. John F. Fox, Jr., Esq. Fox Greenberg 1310 Two Penn Center 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendants Earnest Compton and Martini, Inc. Wade D. Manley, Esq. Johnson, Duff e, Stewart & Weidner 301 Market Street Lemoyne, PA 17043 Attorney for Defendants Dale Cooper and McElroy Truck Lines, Inc. Jeffrey A. Krawitz Spector, Gadon & Rosen, P.C. Seven Penn Center 7`h Floor 1635 Market St. Philadelphia, PA 19103 Attorney for Meade Trucking Company, Inc. and Michael Coulee ~~ Lee C. Swartz, Esq. Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108-0889 John P. Encarnacion, Esq. Joseph G. Rattigan, Esq. White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 Attorney for Kinard Trucking, Inc. Angela .Rainey, Esq. Ward Trucking, LLC, Plaintiff v. Earnest Compton, Martini, Inc., Michael Coulee, Meade Trucking Co., Inc., Dale Cooper, and McElroy Truck Lines, Inc., Defendants v. Seth W. Felty, Kinard Trucking, Inc. And Larry W. Christian, Additional Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL NO.: 10-677 Civil JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that the foregoing Entry of Appearance, in the within action was served upon the following by hand delivery on the 2nd day of August, 2010. Sonya Kivisto, Esq. Marcello &Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 1701 S Attorney for Additional Defendants Kinard Trucking, Inc. and Seth W. Felty ngel .Rainey, Esq. SPECTOR GADON & ROSEN, P.C. BY: JEFFREY A. KRAWITZ, ESQUIRE Attorney I.D. No. 49530 1635 Market Street, 7th Floor Philadelphia, PA 19103 (215) 241-8889 jkrawitz(,laws rg com Ward Trucking, LLC V. Plaintiff, LIE ` r - sr? i L 1 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL NO.: 10-677 Civil Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc. Dale Cooper, and McElroy Truck Lines, Inc. Defendants. JURY TRIAL DEMANDED V. Seth W. Felty, Kinard Trucking, Inc. and Larry W. Christian Additional Defendants. ANSWER TO NEW MATTER IN THE NATURE OF CROSSCLAIMS OF DALE COOPER AND McELROY TRUCK LINES, INC. ON BEHALF OF DEFENDANT MEADE TRUCKING COMPANY, INC Defendant, Meade Trucking Company, Inc., by and through its counsel, Spector Gadon & Rosen, P.C., hereby answer the New Matter in the nature of Crossclaims of Defendants Dale Cooper and McElroy Truck Lines, Inc. as follows: 37. Defendant Meade Trucking Company, Inc. hereby incorporates by reference all of the well-pled averments of its Answer to plaintiffs' Complaint as if set forth fully and at length herein. 38. Denied in accordance with Rule 1029(c) and (d). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 39. Denied in accordance with Rule 1029(c) and (d). To the extent that the allegations of this paragraph state conclusions of law, no response is required. WHEREFORE, defendant Meade Trucking Company, Inc. hereby demands judgment in its favor and against co-defendants Martini, Inc., Earnest Compton, Dale Cooper and McElroy Truck Lines, Inc. and additional defendants Kinard Trucking, Inc., Seth Felty and Larry W. Christian together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. SPECTOR, GADON & ROSEN, P.C. BY: Attorney for Defendant - Meade Trucking Company, Inc. r CERTIFICATE OF SERVICE JEFFREY A. KRAWITZ, ESQUIRE, hereby certifies that he did cause a copy of Answer to Crossclaims of defendants Dale Cooper and McElroy Truck Lines, Inc. on behalf of defendant Meade Trucking Company, Inc. to be sent first class mail on March 11, 2011 to the following: Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Douglas Marcello, Esgt:ire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Wade D. Manley, Esquire Law Office Johnson Duffie 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 John F. Fox, Jr., Esquire Fox Greenberg 1310 Two Penn Center 1500 John F. Kennedy Blvd. Philadelphia, PA 19102-1722 Joseph G. Rattigan, Esquire/John P. Encarnacion, Esquire White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 SPECTOR, GADON & ROSEN, P.C. B A. K T Attorney for Defendant Meade Trucking Company, Inc. SPECTOR GADON & ROSEN, P.C. BY: JEFFREY A. KRAWITZ, ESQUIRE Attorney I.D. No. 49530 1635 Market Street, 7`h Floor Philadelphia, PA 19103 (215) 241-8889 j krawitz(a7lawsgr. com r ? ? f? ?P ?• ; J' j" I 71 rl _ Ward Trucking, LLC COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. CIVIL NO.: 10-677 Civil Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc. Dale Cooper, and McElroy Truck Lines, Inc. Defendants. JURY TRIAL DEMANDED v. Seth W. Felty, Kinard Trucking, Inc. and Larry W. Christian Additional Defendants. ANSWER TO NEW MATTER IN THE NATURE OF CROSSCLAIMS OF DALE COOPER AND McELROY TRUCK LINES, INC. ON BEHALF OF DEFENDANT MICHAEL CONLEE Defendant, Michael Conlee, by and through their counsel, Spector Gadon & Rosen, P.C., hereby answer the New Matter in the nature of Crossclaims of Defendants Dale Cooper and McElroy Truck Lines, Inc. as follows: 31. Defendant Michael Conlee hereby incorporates by reference all of the well-pled averments of his Answer to plaintiff's Complaint as if set forth fully and at length herein. 35. Denied in accordance with Rule 1029(c) and (d). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 36. Denied in accordance with Rule 1029(c) and (d). To the extent that the allegations of this paragraph state conclusions of law, no response is required. WHEREFORE, defendant Michael Conlee hereby demands judgment in his favor and against co-defendants Martini, Inc., Earnest Compton, Dale Cooper and McElroy Truck Lines, Inc. and additional defendants Kinard Trucking, Inc., Seth Felty and Larry W. Christian together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. SPECTOR, GADON & ROSEN, P.C. J1FFP EY A. KRAM1 Attorney for Defendant Michael Conlee CERTIFICATE OF SERVICE JEFFREY A. KRAWITZ, ESQUIRE, hereby certifies that he did cause a copy of Answer to Crossclaims of defendants Dale Cooper and McElroy Truck Lines, Inc. on behalf of defendant Michael Conlee to be sent first class mail on March 11, 2011 to the following: Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Douglas Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Wade D. Manley, Esquire Law Office Johnson Duffle 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 John F. Fox, Jr., Esquire Fox Greenberg 1310 Two Penn Center 1500 John F. Kennedy Blvd. Philadelphia, PA 19102-1722 Joseph G. Rattigan, Esquire/John P. Encarnacion, Esquire White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 SPECTOR, GADON & ROSEN, P.C. 13417::r.- " JEFFREY A. KRAWITZ Attorney for Defendant Michael Conlee SPECTOR GADON & ROSEN, P.C. BY: JEFFREY A. KRAWITZ, ESQUIRE Attorney I.D. No. 49530 1635 Market Street, 7"' Floor Philadelphia, PA 19103 (215) 241-8889 jkrawitz(a,laws r.com Ward Trucking, LLC Plaintiff, V. Earnest Compton, Martini, Inc., Michael Conlee, Meade Trucking Company, Inc. Dale Cooper, and McElroy Truck Lines, Inc. Defendants. V. Seth W. Felty, Kinard Trucking, Inc. and Larry W. Christian Additional Defendants. t 1.. .. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL NO.: 10-677 Civil JURY TRIAL DEMANDED ANSWER TO CROSSCLAIM (INCORRECTLY DESIGNATED AS A COUNTERCLAIM) OF KINARD TRUCKING AND SETH FELTY ON ON BEHALF OF DEFENDANTS MICHAEL CONLEE AND MEADE TRUCKING COMPANY, INC. Defendants, Michael Conlee and Meade Trucking Company, Inc., by and through their counsel, Spector Gadon & Rosen, P.C., hereby answer the Crossclaims of Additional Defendants Seth W. Felty and Kinard Trucking, Inc. as follows: 39. Denied in accordance with Rule 1029(c), (d) and (e). To the extent that the allegations of this paragraph state conclusions of law, no response is required. Conlee and Meade Trucking hereby incorporate by reference all of the well-pled averments of their Answer to plaintiffs' Complaint as if set forth fully and at length herein. 40. The allegations of this paragraph state conclusions of law to which no response is required. WHEREFORE, defendants Meade Trucking Company, Inc. and Michael Conlee hereby demand judgment in their favor and against co-defendants Martini, Inc., Earnest Compton, Dale Cooper and McElroy Truck Lines, Inc. and additional defendants Kinard Trucking, Inc., Seth Felty and Larry W. Christian together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. SPECTOR, GADON & ROSEN, P.C. __ .) BYE:::; JEFFREY A. KRAWITZ Attorney for Defendants Meade Trucking Company, Inc. and Michael Conlee CERTIFICATE OF SERVICE JEFFREY A. KRAWITZ, ESQUIRE, hereby certifies that he did cause a copy of Answer to Crossclaims (incorrectly designated as Counterclaims) of additional defendants Seth Felty and Kinard Trucking, Inc. on behalf of defendants Meade Trucking Company, Inc. and Michael Conlee to be sent first class mail on March 11, 2011 to the following: Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Douglas Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Wade D. Manley, Esquire Law Office Johnson Duffie 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 John F. Fox, Jr., Esquire Fox Greenberg 1310 Two Penn Center 1500 John F. Kennedy Blvd. Philadelphia, PA 19102-1722 Joseph G. Rattigan, Esquire/John P. Encarnacion, Esquire White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 SPECTOR, GADON & ROSEN, P.C. L?-;'` ~Jt Y A. KRAWITZ Attorney for Defendants Meade Trucking Company, Inc. and Michael Conlee KINARD TRUCKING, LLC, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA EARNEST COMPTON and MARTINI, INC., : CIVIL ACTION - LAW Defendants V. MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, McELROY TRUCK LINES, INC., WARD TRUCKING, LLC and LARRY W. CHRISTIAN Additional Defendants NO. 10-672 Civil -?3 rnCO zrn air v z. JURY OF 12 PERSONS DEMANDED N C7 ? s "ern C4 off' cn --< WARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING NO. 10-677 Civil COMPANY, INC., DALE COOPER and McELROY TRUCK LINES, INC. Defendants JURY OF 12 PERSONS DEMANDED V. SETH W. FELTY, KINARD TRUCKING, INC. and LARRY W. CHRISTIAN ORDER AND NOW, this day of; 2011, it is ORDERED that the above- captioned actions shall be consolidated for all purposes and that the subsequent filings shall be to the action docketed to No. 10-672. BY T U // J.