HomeMy WebLinkAbout01-1062WILLIAM r*TARTlNl<O, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENYSYLVANYA
v :NO. 01- CIVIL
FLYING J., INC., T/D/BIA.
FLYING J TRAVEL PLAZA, : CIVIL ACTION
Defendant : JURY TRIAL DEMANDED
NOTICE TO PLEAD
You have been sued in Covet If you wish to defend against the claims set forth in the following
rages, you must take action within (20) days after this complaint and notice are served, by entering
a written arfwiance personally or by attorney and filing in writing with the Court your defenses or
objecdores to the cairns set forth against you. You are warned that if you fail to do so the case may
proceed with ut you and a judgment may be entered against you by the Court without further notice
fnr any money cla+aned in the complaint or for any other claim or relief requested by the Plaintiff'.
Y ou may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
717-249-3166
WILLIAM MARTINKO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v :NO.01- l06L CIVIL
FLYING J., INC., T/D1B/A : CIVIL ACTION
FLYING J TRAVEL PLAZA, : JURY TRIAL DEMANDED
COMPLAINT
1
The Plaintiff is William Martinko, an adult individual residing at 404 Clayton Avenue,
Wilmington Delaware, an over the road truck driver who owns and operates his own tractor truck
and trailer.
2
The Defendant is Flying J, Inc., a foreign corporation based in Utah having a principal office
located at Flying J Travel Plaza, 1505 Harrisburg Pike, Carlisle, Pennsylvania.
3
Flying J is in the business of servicing commercial motor vehicles, including the performance of
routine oil changes.
4
On, or about, August 20, 1997, Martinko delivered his tractor truck to the Defendant for a
routine oil change.
5
On September 6, 1997 at approximately 6:00 a.m., Martinko left Bethlehem, Pennsylvania,
driving at above mentioned vehicle when his truck broke down.
6
Martinko's truck was towed to a garage where it was discovered that the oil pan plug fell out and
all of the oil had drained out of the engine.
7
As a consequence of the loss of oil from the oil pan plug falling out, the engine in Mr,
Martinko's truck seized up and caused substantial damage to the engine.
8
Flying J performed the last oil change before the plug fell out.
9
An oil plug is properly sealed when the proper torque is used to install the plug after the oil is
changed.
10
The proper torques for the oil plug for Martinko's truck is found in a manual that should be
referred to when an oil change is performed.
11
The estimated of repair for the engine is $25,215.41.
12
Because of the damage to the truck engine, Martinko lost work with a value of $3,000.00.
13
Because of the damage to the truck engine, Martinko would incur lease payments during the
normal time of repair at the rate of $293.00 per week for a period of eight weeks for a total of
$2,344.00.
Count I - Martinko v Flvine J, Inc. - Neelieence
14
Paragraphs 1 through 13, above, are incorporated herein by reference as though textually set
forth at length.
15
Flying J owed Martinko a duty to exercise reasonable and ordinary care in performing the oil
change on Martinko's truck.
16
Flying J failed to exercise reasonable and ordinary care in changing the oil of Martinko's truck
by not properly sealing the oil pan plug.
17
Flying J's failure to exercise reasonable and ordinary care in changing the oil of Martinko's truck
was a direct and proximate cause of the oil pan plug to fall out and the resulting damage to the
vehicle.
18
As a direct and proximate result of Flying J's negligent performance of tightening the oil pan
plug on Martinko's truck, Martinko sustained damages to the vehicle in the amount of
$25,215.41.
19
As a direct and proximate result of Flying J's negligent performance of tightening the oil pan
plug on Martinko's truck, Martinko lost work in the amount of $3,000.00.
20
As a direct and proximate result of Flying J's negligent performance of tightening the oil pan
plug on Martinko's truck, Martinko incurred costs for the lease of a different truck in the amount
of $2,344.00.
21
As a direct and proximate result of Flying J's negligent performance of tightening the oil pan
plug on Martinko's truck, Martinko sustained incidental costs for towing, etc. in the amount of
$828.00.
WHEREFORE, Plaintiff requests relief in the form of a judgement for damages in the amount
of $31,387.41 plus Martinko's attorneys fees and costs in pursuing the litigation; and any other
relief deemed appropriate be the Court.
Respectfully submitted,
Hubert X. Gilroy, Esquire
Attorney for Plaintiff
Broujos & Gilroy, PI C.
4 North Hanover Street
Carlisle, PA 17013
Supreme Court ID No. 29943
(717) 243-4574
I verify that the statements made in the foregoing document are true and correct. I understand that
false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to
unworn falsification to authorities.
I
DATE: i? - 10- 01 `a} gara1
tiln„k?
o
Vl
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01062 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MARTINKO WILLIAM
VS
FLYING J INC ET AL
JASON VIORAL
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
FLYING J INC, T/D/B/A FLYING J TRAVEL PLAZA the
DEFENDANT , at 0009:09 HOURS, on the 26th day of February , 2001
at 1505 HARRISBURG PIKE
CARLISLE, PA 17013 by handing to
ANTHONY LUCAS (MANAGER)
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.10
Affidavit .00
Surcharge 10.00
.00
31.10
Sworn and Subscribed to before
me this 7,4,,A day of
ivtu ?? aZ?tj) A. D.
rzthonotary
So Answers: owoa- e ?
l
R. Thomas Kline
02/28/2001
BROUJOS & GILROY
By:
i
e t S eriff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
No. 01-1062 CIVIL
CIVIL ACTION
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO: Prothonotary - Cumberland County
Kindly enter the appearance of the undersigned on behalf of Defendant, Flying J„ Inc.,
t/d/b/a Flying J. Travel Plaza, in connection with the above-referenced case.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMtjN & IN
BY: (/
Timo y J. anon, Esquire
100 Pine tre t - 4th Fl.
P.O. Box 803
Harrisburg, PA 17108-0803
LD. 52918
(717) 232-9323
Attorney for Defendant,
Flying J., Inc., t/d/b/a Flying J. Travel Plaza
DATE:
\05_A\LIAB\TJ WLLPG\68955\SXV\20614\50000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
No. 01-1062 CIVIL
CIVIL ACTION
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby
certify that on this 6,?- / day of March, 2001, served a copy of the foregoing document via First
Class United States mail, postage prepaid as follows:
TO:
Hubert Gilroy, Esq.
Broujos and Gilroy, P.C.
4 N. Hanover St.
Carlisle, PA 17013
\05_A\LIAB\TJM\LLPG\68956\SXV\20614\50000
C)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
No. 01-1062 CIVIL
CIVIL ACTION
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
1. Admitted in part; denied in part. It is admitted only that Plaintiff is who he says
he is. The remaining allegations of this paragraph are denied because Defendant, after
reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth
thereof, and accordingly the allegations are denied and proof thereof is demanded at trial, if
relevant.
2. Admitted in part; denied in part. It is admitted that Flying J., Inc. is a foreign
corporation. It is specifically denied that Flying J., Inc. has a principle office located at the
Flying J. Travel Plaza, 1505 Harrisburg Pike, Carlisle, Pennsylvania, as alleged. To the contrary,
Defendant's principle place of business is in Brigham City, Utah. By way of further answer,
Defendant maintains a place of business located at the Flying J. Travel Plaza, 1505 Harrisburg
Pike, Carlisle, PA.
3. Admitted.
4. Admitted in part; Denied in part. It is admitted only that Defendant performed a
routine oil change upon a vehicle at the request of William Martinko at its travel plaza on the
Carlisle Pike on or about August 20, 1997, as alleged. To the extent that the allegations suggest
or imply that Defendant had exclusive control of Plaintiffs truck on August 20, 1997, all such
allegations are specifically denied.
5. Denied in accordance with Pa.R.C.P. 1029(e)
6. Denied in accordance with Pa.R.C.P. 1029(e).
7. Denied in accordance with Pa.R.C.P. 1029(e).
8. Denied in accordance with Pa.R.C.P. 1029(e).
9. Denied in accordance with Pa.R.C.P. 1029(e).
10. Denied in accordance with Pa.R.C.P. 1029(e).
11. Denied in accordance with Pa.R.C.P. 1029(e).
12. Denied in accordance with Pa.R.C.P. 1029(e).
13. Denied in accordance with Pa.R.C.P. 1029(e).
COUNT I: MARTINKO V. FLYING J., INC. - NEGLIGENCE
14. Defendant incorporates by reference its responses to paragraphs 1-13 above as if
set forth at length herein.
15. Denied in accordance with Pa.R.C.P. 1029(e).
16. Denied. Defendant Flying J., Inc. specifically denies the allegation that it failed
to exercise reasonable and/or ordinary care in changing the oil of Martinko's truck and further
denies that allegation that it did not properly seal the oil pan clog as alleged. To the contrary, at
all times relevant to the material in the well-pleaded allegations set forth in Plaintiffs Complaint,
2
Flying J., Inc. acted with reasonable care under the circumstances. By way of further answer, the
allegations set forth in this paragraph are denied, pursuant to Pa.R.C.P. 1029(e) as conclusions of
law to which no further response of pleading is required, and accordingly proof thereof is
demanded at trial, if relevant.
17. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
18. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
19. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
20. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
21. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
WHEREFORE, Defendant Flying J., Inc. demands judgment in its favor and against
Plaintiff, together with such other relief as this Court shall deem appropriate.
NEW MATTER DIRECTED TO PLAINTIFF
22. Plaintiffs claims are barred by the applicable statute of limitations.
23. No act or omission on the part of Flying J., Inc. was a substantial contributing
factor in causing Plaintiffs damages, all such damages being expressly denied.
3
24. Plaintiffs damages, if any, were caused in whole or in part by acts and/or
omissions on the part of persons and/or entities other than Flying J., Inc. and for which Flying J.,
Inc. is not responsible as a matter of law.
25. Plaintiffs Complaint fails to state a cause of action upon which relief may be
granted as a matter of law.
26. Plaintiffs Complaint fails to properly plead a claim for attorney's fees as a matter
of law.
27. Flying J., Inc. reserves its right to raise one or more of those defenses reserved
throughPa.R.C.P. §1030.
28. Plaintiffs Complaint describes certain maintenance work as having been
performed upon Plaintiffs truck by Flying J., Inc. in September of 1997; Plaintiff instituted this
cause of action by filing his Complaint on or about February 23, 2001. To the extent that
Plaintiff or others acting for or on behalf of Plaintiff have failed or neglected to retain physical
evidence relevant to this action and/or to the extent that Plaintiffs use and/or maintenance of the
subject truck over the intervening months and years has caused the destruction and/or dimunition
of evidence relevant to this action, then Defendant's ability to defend this action has been
materially prejudiced and impaired through spoliation of evidence for which Defendant is not
and was not responsible, and accordingly a claim is pleaded therefore.
29. Plaintiffs damages, all such damages being expressly denied, were caused in
whole or in part by Plaintiffs own negligence in operating, maintaining, and/or inspecting his
truck and such negligence may operate to limit and/or bar Plaintiffs claims against Defendant in
this action.
4
WHEREFORE, Defendant Flying J., Inc. demands judgment in its favor and against
Plaintiff together with such other relief as this Court shall deem appropriate.
DATE: MAI Z, ZCUi
\05_A\LIAB\TJ W LLPG\68965\SXV\20614\50000
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
TimAne Vet n, Esquire
100 Fl.
P.O. Box 803
Harrisburg, PA 17108-0803
I.D. 52918
(717) 232-9323
Attorney for Defendant,
Flying J., Inc., t/d/b/a Flying J. Travel Plaza
5
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
No. 01-1062 CIVIL
CIVIL ACTION
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby
certify that on this 3 day of May, 2001, served a copy of the foregoing document via First
Class United States mail, postage prepaid as follows:
TO:
Hubert Gilroy, Esq.
Broujos and Gilroy, P.C.
4 N. Hanover St.
Carlisle, PA 17013
Vonu. McEchron
\05_A\LIAB\T1M\LLPG\68956\SXV\20614\50000
YN111WICATION
I hereby aff m that the following facts are correct:
I, George Routts, em a reprrsentative of the Defendant in the foregoing action, and I am
autholiud to execute this Corporate Verification on behalf of Flying 7., Inc., Vd/b/a Flying 1.
Tuvel Plaza. The attached, Ddcadant's Answer with New Matter to Plaintiffs Conplaint, is
based upon information which has been gathered by my counsel in the dcfcas* of skis lawsuit.
The language of the DefbndoWs Answer with Now Matter to Plaintiff's Complaint is that of
counsel and not of me. I havo read the Dcfeodaat's Answer win New Mater to Plaintiffs
Complaint, and to the oxen that the Defendant's Answer with Now Matter to Plaintiffs
Coazplaiut is based upon inIbmtation wbieh I have given to my counsel, it is true and correct to
the beat of ray knowledge, iafbroution, and belief. To the extort that the contents of the
Defcndmrs Answer with Now Matter to Plaintiffs Complaint are that of couns_l, I have relied
upon counsel in nulaag this Verification. I hereby acknowledge that the facts set forth in the
aforesaid Dcfmdant s Answer with New Master to Plaintiffs Complaint are made subject to the
peWfts of IS Pa-CS. ¢4904 relating to unwornfa]siSeation to authorities.
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IN THE COURT OF COMMON PLEASE OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM MART NKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
No. 01-1062 CIVIL
CIVIL ACTION
JURY TRIAL DEMANDED
MOTION FOR A JUDGMENT ON THE PLEADINGS
I. Plaintiff, William Martinko, instituted this action by filing a Complaint on
February 23, 2001. A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit
„A„
2. In his Complaint, Plaintiff alleges that on August 20, 1997, his tractor truck was
serviced by Defendant, Flying J., Inc., and on September 6, 1997, his truck broke down near
Bethlehem, PA. (See Exhibit "A", paragraphs 4,5)
3. Plaintiff alleges that his truck broke down because of a loss of oil and in turn, the
oil leaked out because Defendant, through its employees, failed to properly torque the oil plug
after changing the oil in the truck. (See paragraphs 7,8,9 of Plaintiffs Complaint)
4. Plaintiff has pleaded a single cause of action against Defendant, and that cause of
action alleges Negligence on the part of Defendant. (See Exhibit "A", paragraphs 14-21)
5. Defendant filed its Answer with New Matter to Plaintiffs Complaint in this action
on May 8, 2001. (A true and correct copy of Defendant's Answer With New Matter to Plaintiffs
Complaint is attached hereto as Exhibit "B")
In its Answer With New Matter to Plaintiffs Complaint, Defendant has pleaded that
Plaintiffs claims are barred by the applicable Statute of Limitations.
6. Construing the allegations in the light most favorable to Plaintiff, it would appear
that Plaintiff undoubtedly became aware of a potential cause of action against Defendant no later
than September 6, 1997.
7. Accordingly, Plaintiff should have filed an action against Defendant no later than
September 6, 1999, in order to bring a viable cause of action sounding in Negligence.
8. A two-year statute of limitations applies to the alleged Negligence action against
Defendant.
8. Plaintiff failed to bring a cause of action based upon Negligence against
Defendant within that two-year time frame and accordingly, Defendant is entitled to Judgment
on the Pleadings as a matter of law.
WHEREFORE, Defendant, Flying J., Inc., respectfully requests that its Motion for
Judgment on the Pleadings be granted and that Plaintiffs Complaint be dismissed with prejudice.
DATE: MAY lU l lwl
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & G 'CI?y
BY: (/ ?II?AV?
Timot y c _aion, Esquire
100 Pine Street - 4th Fl.
P.O. Box 803
Harrisburg, PA 17108-0803
I.D. 52918
(717) 232-9323
Attorney for Defendant,
Flying J., Inc„ t/d/b/a Flying J. Travel Plaza
\05_A\L1AB\TJM\LLPG\7102 8\SXV\20614\00 137
WILLIAM MARTINKO,
Plaintiff
V
FLYING J., INC., T,D/B/A
FLYING J TRAVEL PLAZA,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 01- (?l9oZ CIVIL.
: CIVIL ACTION
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
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 (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 claim-, set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the Court without further notice
for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff.
You may lose- money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE, YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
717-249-3166
TRUE COPY FROM RECORD
to Testimony wnered, l here unto set my han a
and th;nsald aW9, at W , Pa.
ibis 9100)
? c ??u1Hfi1c1,11?,?
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W=
e
WILLIAM MARTINKO,
Plaintiff
V
FLYING J., INC., T/DB/A
FLYING J TRAVEL PLAZA,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-
CIVIL
: CIVIL ACTION
: JURY TRIAL DEMANDED
COMPLAINT
1
The Plaintiff is William Martinko, an adult individual residing at 404 Clayton Avenue,
Wilmington Delaware, an over the road truck driver who owns and operates his own tractor truck
and trailer.
2
The Defendant is Flying J, Inc., a foreign corporation based in Utah having a principal office
located at Flying J Travel Plaza, 1505 Harrisburg Pike, Carlisle, Pennsylvania.
3
Flying J is in the business of servicing commercial motor vehicles, including the performance of
routine oil changes.
4
On, or about, August 20, 1997, Martinko delivered his tractor truck to the Defendant for a
routine oil change.
5
On September 6, 1997 at approximately 6:00 a.m., Martinko left Bethlehem, Pennsylvania,
driving at above mentioned vehicle when his truck broke down.
6
Martinko's truck was towed to a garage where it was discovered that the oil pan plug fell out and
all of the oil had drained out of the engine.
7
As a consequence of the loss of oil from the oil pan plug falling out, the engine in Mr.
Martinko's truck seized up and caused substantial damage to the engine.
8
Flying J performed the last oil change before the plug fell out.
9
An oil plug is properly sealed when the proper torque is used to install the plug after the oil is
changed.
10
The proper torques for the oil plug for Martinko's truck is found in a manual that should be
referred to when an oil change is performed.
11
The estimated of repair for the engine is $25,215.41.
12
Because of the damage to the truck engine, Martinko lost work with a value of $3,000.00.
13
Because of the damage to the truck engine, Martinko would incur lease payments during the
normal time of repair at the rate of $293.00 per week for a period of eight weeks for a total of
$2,344.00.
Count I - Martinko v Flying J, Inc. - Negligence
14
Paragraphs 1 through 13, above, are incorporated herein by reference as though textually set
forth at length.
15
Flying J owed Martinko a duty to exercise reasonable and ordinary care in performing the oil
change on Martinko's truck.
16
Flying J failed to exercise reasonable and ordinary care in changing the oil of Martinko's truck
by not properly sealing the oil pan plug.
17
Flying J's failure to exercise reasonable and ordinary care in changing the oil of Martinko's truck
was a direct and proximate cause of the oil pan plug to fall out and the resulting damage to the
vehicle.
18
As a direct and proximate result of Flying J's negligent performance of tightening the oil pan
plug on Martinko's truck, Martinko sustained damages to the vehicle in the amount of
$25,215.41.
19
As a direct and proximate result of Flying J's negligent performance of tightening the oil pan
plug on Martinko's truck, Martinko lost work in the amount of $3,000.00.
20
As a direct and proximate result of Flying J's negligent performance of tightening the oil pan
plug on Martinko's truck, Martinko incurred costs for the lease of a different truck in the amount
of $2,344.00.
21
As a direct and proximate result of Flying J's negligent performance of tightening the oil pan
plug on Martinko's truck, Martinko sustained incidental costs for towing, etc. in the amount of
$828.00.
WHEREFORE, Plaintiff requests relief in the form of a judgement for damages in the amount
of $31,387.41 plus Martinko's attorneys fees and costs in pursuing the litigation; and any other
relief deemed appropriate be the Court.
Respectfully submitted,
Hubert X. Gilroy, Ese
Attorney for Plaintiff/
Broujos & Gilroy, P.C.
4 North Hanover Street
Carlisle, PA 17013
Supreme Court ID No. 29943
(717) 243-4574
I verify that the statements made in the foregoing document are true and correct. I understand that
false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to
unsworn falsification to authorities.
DATE:01 - 10- 01
William Martinko
IN THE COURT OF COMMON PLEAS OF 0 o ,-
CUMBERLAND COUNTY, PENNSYLVANIA C-
M r
WILLIAM MARTINKO,
Plaintiff
V. No. 01-1062 CIVIL = _ u
a LR
FLYING J., INC., t/d/b/a c
FLYING J. TRAVEL PLAZA, CIVIL ACTION
Defendant JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT
I . Admitted in part; denied in part. It is admitted only that Plaintiff is who he says
he is. The remaining allegations of this paragraph are denied because Defendant, after
reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth
thereof, and accordingly the allegations are denied and proof thereof is demanded at trial, if
relevant.
2. Admitted in part; denied in part. It is admitted that Flying J., Inc. is a foreign
corporation. It is specifically denied that Flying J., Inc. has a principle office located at the
Flying J. Travel Plaza, 1505 Harrisburg Pike, Carlisle, Pennsylvania, as alleged. To the contrary,
Defendant's principle place of business is in Brigham City, Utah. By way of further answer,
Defendant maintains a place of business located at the Flying J. Travel Plaza, 1505 Harrisburg
Pike, Carlisle, PA.
3. Admitted.
4. Admitted in part; Denied in part. It is admitted only that Defendant performed a
routine oil change upon a vehicle at the request of William Martinko at its travel plaza on the
Carlisle Pike on or about August 20, 1997, as alleged. To the extent that the allegations suggest
or imply that Defendant had exclusive control of Plaintiff's truck on August 20, 1997, all such
allegations are specifically denied.
5. Denied in accordance with Pa.R.C.P. 1029(e)
6. Denied in accordance with Pa.R.C.P. 1029(e).
7. Denied in accordance with Pa.R.C.P. 1029(e).
8. Denied in accordance with Pa.R.C.P. 1029(e).
9. Denied in accordance with Pa.R.C.P. 1029(e).
10. Denied in accordance with Pa.R.C.P. 1029(e).
11. Denied in accordance with Pa.R.C.P. 1029(e).
12. Denied in accordance with Pa.R.C.P. 1029(e).
13. Denied in accordance with Pa.R.C.P. 1029(e).
COUNT I: MARTINKO V. FLYING J., INC. - NEGLIGENCE
14. Defendant incorporates by reference its responses to paragraphs 1-13 above as if
set forth at length herein.
15. Denied in accordance with Pa.R.C.P. 1029(e).
16. Denied. Defendant Flying J., Inc. specifically denies the allegation that it failed
to exercise reasonable and/or ordinary care in changing the oil of Martinko's truck and further
denies that allegation that it did not properly seal the oil pan clog as alleged. To the contrary, at
all times relevant to the material in the well-pleaded allegations set forth in Plaintiffs Complaint,
2
Flying J., Inc. acted with reasonable care under the circumstances. By way of farther answer, the
allegations set forth in this paragraph are denied, pursuant to Pa.R.C.P. 1029(e) as conclusions of
law to which no further response of pleading is required, and accordingly proof thereof is
demanded at trial, if relevant.
17. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
18. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
19. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
20. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
21. Denied. The allegations of this paragraph are denied in accordance with
Pa.R.C.P. 1029(e) and proof thereof is demanded at trial, if relevant.
WHEREFORE, Defendant Flying J., Inc. demands judgment in its favor and against
Plaintiff, together with such other relief as this Court shall deem appropriate.
NEW MATTER DIRECTED TO PLAINTIFF
22. Plaintiff s claims are barred by the applicable statute of limitations.
23. No act or omission on the part of Flying J., Inc. was a substantial contributing
factor in causing Plaintiffs damages, all such damages being expressly denied.
3
24. Plaintiffs damages, if any, were caused in whole or in part by acts and/or
omissions on the part of persons and/or entities other than Flying J., Inc. and for which Flying J.,
Inc. is not responsible as a matter of law.
25. Plaintiffs Complaint fails to state a cause of action upon which relief may be
granted as a matter of law.
26. Plaintiffs Complaint fails to properly plead a claim for attorney's fees as a matter
of law.
27. Flying J., Inc. reserves its right to raise one or more of those defenses reserved
through Pa.R.C.P. §1030.
28. Plaintiffs Complaint describes certain maintenance work as having been
performed upon Plaintiffs truck by Flying J., Inc. in September of 1997; Plaintiff instituted this
cause of action by filing his Complaint on or about February 23, 2001. To the extent that
Plaintiff or others acting for or on behalf of Plaintiff have failed or neglected to retain physical
evidence relevant to this action and/or to the extent that Plaintiffs use and/or maintenance of the
subject truck over the intervening months and years has caused the destruction and/or dimunition
of evidence relevant to this action, then Defendant's ability to defend this action has been
materially prejudiced and impaired through spoliation of evidence for which Defendant is not
and was not responsible, and accordingly a claim is pleaded therefore.
29. Plaintiffs damages, all such damages being expressly denied, were caused in
whole or in part by Plaintiffs own negligence in operating, maintaining, and/or inspecting his
truck and such negligence may operate to limit and/or bar Plaintiffs claims against Defendant in
this action.
4
WHEREFORE, Defendant Flying J., Inc. demands judgment in its favor and against
Plaintiff together with such other relief as this Court shall deem appropriate.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & COGGIN
BY
Tim" oti?y Mahon, Esquire
100 Pine tr et - 4th Fl.
P.O. Box 803
Harrisburg, PA 17108-0803
I.D. 52918
(717) 232-9323
Attorney for Defendant,
DATE: MAI Z1Zcai Flying J., Inc., t/&bia Flying J. Travel Plaza
\05_A\L[AB\TJKLLPG\68965\SX V\20614\50000
5
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
No. 01-1062 CIVIL
CIVIL ACTION
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Coggin, do hereby
certify that on this L day of May, 2001, served a copy of the foregoing document via First
Class United States mail, postage prepaid as follows:
TO:
Hubert Gilroy, Esq.
Broujos and Gilroy, P.C.
4 N. Hanover St.
Carlisle, PA 17013
C
onu V. McEchron
\OS_A\LIAB\TJiv>\LLPG\68956\SXV \20614\50000
YKPI"CATt41N
,I he ,eby affirm that the following farce are correct:
I, George Koutts em a reptescnwzive of the Defendant in We foregoing action, and I am
autbouied to execute this Corporate Verifioation on behalf of Flying I., Inc., Vdlb/a Flying 1.
Travel Plaza. The attached. Dcfmdaut's Answer with New Matter to Plaintiffs Complaint, is
based upon information which has been gathered by my counsel in the defease of this lawsuit.
The language of the Defendants Answer with New Matter to Plaintiffs Complaint is that of
counsel and not of ma I have read the Dcfcndaufs Answer with New Muter to Plaintiffs
Compiau t, and to the extent that the Defendaurs Answer with Now Mater to Plaintiffs
Complaint is based upon information which I have given to my conmsel, it is hue and correct to
the beet of rqy knowledge, information, and belief. To the c#cat chat the conwat9 of the
Defcndarn's Answer witb New Matter to Plaintiffs Complaint are that of couttsal, I have relied
upon counsel in malcag this Verification. I hereby acknowledge tbat the facts set forth in the
aforesaid Dafendant's Answer with New Master to Plaintiffs Complaint are mach subject to the
Ptm Aes Of 18 PLC-$. ;4904 relating to trnswom falsifloatioa to authoaitics.
Date e
? ,A?LIA$1TlAQV.LPO1tlE963L5XW061At0000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
No. 01-1062 CIVIL
CIVIL ACTION
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby
certify that on this 0 day of May, 2001, served a copy of the foregoing document via First
Class United States mail, postage prepaid as follows:
TO:
Hubert Gilroy, Esq.
Broujos and Gilroy, P.C.
4 N. Hanover St.
Carlisle, PA 17013
Shonu V /McEchron
\05 A\L[AB\TJNnLLPG\68956\SXV\20614\50000
?,
(?,
Z
IN THE COURT OF COMMON PLEASE OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
STIPULATION
No. 01-1062 CIVIL
CIVIL ACTION
JURY TRIAL DEMANDED
The parties through their respective counsel hereby stipulate that:
Defendant's Motion for Judgment on the Pleadings is withdrawn, without prejudice. The
parties further stipulate that Plaintiffs Complaint and Defendant's Answer as filed in this action
shall apply to and in that action filed at number 1999-04870, as if originally filed there under; the
parties further stipulate that this action is consolidated with that action filed at number 1999-
04870.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN GV
By
Timothy J. c Date:
1
00 Pine treet P.O. Box 803
Harrisburg, PA 17108-0803
I.D.52918
(717) 232-9323
ATTORNEY FOR DEFENDANT,
Flying J., Inc., t/d/b/a Flying J. Travel Plaza
BROUJOS AND GILROY. P.C.
BY: ??
Carlisle PA 17013
ATTORNEY FOR PLAINTIFF,
William Martinko
Hubert X. Gilroy, Es Date:
4 N. Hanover St.
LD. ??FSr 3
(717) 243-4574
\05 A\LUB\TTM\LLPG\72373\SXV\20614\00137
0200w
WILLIAM MARTINKO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 01 - 1062 CIVIL ACTION-LAW
FLYING J. INC., tldJbla
FLYING J TRAVEL PLAZA,
Defendant
COURT ORDER
AND NOW, this jb day of July, 2001, the attached Stipulation is hereby incorporated as an
Order of Court.
BY THE COURT,
By: 7 ' ?f
cc: Hubert X. Gilroy, Esquire "'1" r fio/
Timothy J. McMahon, Esquire ?7?
\OS_A\L1AB\TJM\LLPG\97576UMF\20614\00137
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t)dJbla
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this i'/ " day of June, 2002, upon receipt of the Motion of Defendant,
Flying J., Inc., a Rule to Show Cause is hereby issued by Plaintiff, William A. Martinko, as to
why Defendant's Motion to Compel Responses to Defendant's Discovery should not be Granted.
This Rule is returnable twenty (20) days after service upon the Plaintiff by regular mail.
BY THE COURT:
Aft
J.
b
PZ
??V3d
\05_A\L1AB\TJM\LLPG\97577UM P20614\00137
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
MOTION OF DEFENDANT, FLYING J., INC.,
TO COMPEL DISCOVERY
1. Plaintiff, William Martinko, instituted this action originally by filing a Writ at
No. 1999-04870 Civil. A Complaint was subsequently filed at this action number and the
matters were consolidated pursuant to a Stipulation of Counsel filed July 9, 2001 which
Stipulation was approved by the Court July 10, 2001.
2. In this action, Plaintiff, William Martinko, seeks to recover alleged property
damages sustained by his tractor-trailer on September 6, 1997 which Plaintiff alleges was
serviced by Defendant, Flying J., Inc., at its Carlisle, Pennsylvania facility on August 20, 1997.
3. Through its Order of March 4, 2002 the Court has granted leave to Plaintiffs
prior counsel, Hubert X. Gilroy, Esquire, to withdraw as counsel for Plaintiff in this matter. As
of the submission of this Discovery Motion Plaintiff is proceeding pro se.
4. Defendant, Flying J., Inc., had served Interrogatories and a Request for
Production of Documents addressed to Plaintiff in this matter. Those items of discovery were
served on or about May 23, 2001.
5. On March 26, 2002 counsel for Defendant advised Plaintiff that these
Interrogatories and Request for Production of Documents were overdue and requested that
Plaintiff supply responses by April 10, 2002 in order to avoid a Discovery Motion. (See, Exhibit
"A" attached hereto.)
6. Counsel for Defendant has made no further agreements concerning an
extension of time regarding this outstanding written discovery and Plaintiff has not responded to
Defendant's Interrogatories or Request for Production of Documents.
WHEREFORE, Defendant, Flying J., Inc., respectfully requests that this Honorable Court
enter the Rule to Show Cause directing Plaintiff to show cause within twenty days as to why
Defendant's Motion to Compel Discovery Responses should not be Granted.
DATE: C -It r o y,
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY;
TIM T reMAHON, ESQUIRE
I.D. No. 9
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant
Exhibit A
A REGIONAL OFFENSE LITIGATFON LA•w FIRM
PRnNPVCnIN.w
MAR.SHAu. DENNEHEY, WARNER, COLEMAN E6 GOGGIN I ImmChm„
M
A P R O F E S S I O V A L C O 0. P O R A T I O N W W W.mHt'9I18ndCDDChGy'.COm Nattid,u'g
Ncwfown Sq.R
Nanistown
4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 p ELI.
(717) 651-3500 • Fax (717) 651-9630 s ton
Willi Pon
Direct Dial: 717-651-3505
Email: tmcmahon@mdwcg.com
March 26, 2002
William Martinko
404 Clayton Avenue
Wilmington, DE 19809
RE: William Martinko v. Flying J., Inc., t/d/b/a Flying J. Travel Plaza
Our File No. 20614-00137
CCP (Cumberland County) No. 1999-4870
Dear Mr. Martinko:
Nmjr nn
Cheery M
RoxlvM
DuwRw.s
Wilnu?ron
W. V..n.mA
Weirton
O.w
S.eubenvillc
ho..w
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ArroRNevsAruw
Having received a Praecipe to Withdraw the Appearance of your former attorney, Hubert X. Gilroy,
Esquire, I understand that you are now representing yourself in this litigation.
I had previously served on behalf of my client, Flying J, Inc., Interrogatories and a Request for
Production of Documents addressed to you, the Plaintiff.
For your convenience I enclose copies of these Interrogatories and Request for Production of
Documents. Answers to these were due on or about June 23, 2001 and therefore are more than six months
overdue. In order to avoid a Motion being filed with the Court to compel discovery responses, I would ask that
you kindly answer the Interrogatories and Request for Production of Documents forthwith. Please note that if I
do not have your discovery responses by April 10, 2002, I will file a Motion on behalf of Flying J, Inc. to
compel responses.
Also, please note that once I have the discovery responses, it is my intention to conduct your discovery
deposition. Therefore, I would appreciate it if you would please provide some advice concerning when you can
most conveniently be available for a deposition in Carlisle, Pennsylvania during the month of May. Thank you
for your anticipated cooperation.
Very trul o
TIMOTH ON
TJM/jmp
Enclosures
\05_A\LIAB\TJM\CORR\92105 V MM0614\0013 7
WILLIAM MARTINKO, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 01-1062 CIVIL
FLYING J., INC., tldfbfa
FLYING J. TRAVEL PLAZA,
Defendant : JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Joanne M. Parr, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify
that on this \ \ ? day of June, 2002, served a copy of the foregoing document via Certified Mail/Return
Receipt Requested and First Class United States mail, postage prepaid as follows:
William Martinko
404 Clayton Avenue
Wilmington, DE 19809
Jo . Pan•
.T
?
r. - ? )
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
ORDER
AND NOW, this 30. day of July, 2002, Plaintiff having filed no response to the June
14, 2002 Rule to Show Cause, it is hereby ORDERED and DECREED that Plaintiff shall answer
c fr,.r servrcc-
Defendant's Interrogatories and Request for Production of Documents within twenty (20) days. or
risk such further sanctions as this Court may deem appropriate upon subsequent Petition in the
event of non-compliance.
HO . VIN A. HESS
\05_A\LIAB\TJ M\S LP G\ 100577\RKN\20614\00137
?' 3
??
??.
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
PETITION TO MAKE RULE ABSOLUTE
Defendant, Flying J, Inc. submitted on or about June 10, 2002 a Motion to
Compel Discovery Responses along with a proposed Rule to Show Cause.
2. This Honorable Court issued on June 14, 2002 a Rule to Show Cause upon
Plaintiff concerning Defendant's Motion to Compel Discovery Responses.
3. In correspondence dated June 18, 2002, the undersigned counsel for Defendant
served upon the pro se via certified mail a copy of the Court's Order dated June 14, 2002.
Attached hereto as Exhibit "A" is a true and correct copy of counsel's correspondence to the pro
se Plaintiff dated June 18, 2002.
4. Attached hereto as Exhibit "B" is the certified mail receipt signed by William
Martinko on June 21, 2002.
5. The time for compliance with the Court's Order of June 14, 2002 expired on July
11, 2002. To date, defense counsel has received no response from the pro se Plaintiff to the
Court's June 14, 2002 Rule to Show Cause nor has the pro se Plaintiff answered Defendant's
outstanding discovery, which discovery is the subject of Defendant's Motion to Compel filed on
or about June 10, 2002.
WHEREFORE, Defendant, Flying J, Inc., respectfully requests that this Honorable
Court enter an Order directing that Plaintiff answer Defendant's Interrogatories and Request for
Production of Documents within twenty (20) days or risk such further sanction as this Court may
deem appropriate upon consideration of subsequent Petition in the event of non-compliance.
Respectfully submitted,
DATE: J(Jq Z 31 Zou2
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
OT I\r1cMAHON, ESQ.
S.Ct.Id. o. X918
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3505
Attorney for Defendant
\05_A\LIAB\TJM\SLPG\l 00570\RKN\20614\00137
• - A REGIONADEFENSE LITIGATION LAW FIRM
Polnm..vwmw
MARSHALL, DENNEHEY, WARNER, COLEMAN IBGoGGiN ??'eh m
H yies.own
A Pao B e s s. o rv n .. C o a e o a n r. o rv www.marshalldennehey.com Nartis
Nc tonwSqua
Nmrismn
4200 Crums Mill Road, Suite B • Harrisburg, PA 17112
(717) 651-3500 • Fax (717) 651-9630
Wdlumsp°rt
Direct Dial: 717-651-3505
Email: tmcmahon@mdwcg.com
June 10, 2002
Curt Long
Prothonotary
Court of Common Pleas of Cumberland County, PA
One Courthouse Square
Carlisle, PA 17013-3387
RE: William Martinko v. Flying J., Inc., t/d/b/a Flying J. Travel Plaza
Our File No. 20614-00137
CCP (Cumberland County) No. 01-1062 Civil
Dear Mr. Long:
N. Jm.r
Chc Hal
R° d
w,un;,,a.on
Wor Y..c.rv.n
Weirton
Oxm
s.enbrnvJle
P.o d
Orlando
Tamp
nrroaNhvsnrawW
Enclosed please find Defendant's Motion to Compel Discovery Responses with proposed Rule to Show
Cause for filing in the above-referenced matter. Kindly return a time-stamped copy of these pleadings to the
attention of the undersigned in the enclosed self-addressed, stamped envelope.
In accordance with the applicable local Rule, I enclose a proposed Rule to Show Cause with regard to
the Motion to Compel Discovery Responses, as well as a self-addressed, stamped envelope addressed to
Plaintiff, William Martinko, prose.
Should you have any questions regarding the foregoing, or the enclosed, please do not hesitate to contact
me. Thank you for your kind attention to this matter.
Very truly yours,
TIMOT Y J. AHON
TJM/jmp
Enclosures
cc: William Martinko, pro se
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PS Fo/rp1381111,A1 4 1999 Domestic Return Receipt 102595-00-M-0952
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• Sender: Please print your name, address, and ZIP+4 in this box
Mar". Darmehey, Www,
Coleman & Goggin
4200 Crume Mill Road
Wille B
Harrisburg, PA 17112
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\05_A\LIAB\TJM\LLPG\97576 V MF\20614\00137
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this IL day of June, 2002, upon receipt of the Motion of Defendant,
Flying J., Inc., a Rule to Show Cause is hereby issued by Plaintiff, William A. Martinko, as to
why Defendant's Motion to Compel Responses to Defendant's Discovery should not be Granted.
This Rule is returnable twenty (20) days after service upon the Plaintiff by regular mail.
BY THE COURT:
?si J .
J.
TRUE COPY FROM RECORD
In Testimony whereo I here unto set my hand
and //t?? seal of said ourt at Carlisle, Pa.
ThiJ• ....?....l... da ,ef-V1. kfe,
Ievv .... yea(. oMi ? a?a\d\?ew sn... _ td? `yAW ,BA1tIR?'!m -..
REGIONAL DEFENSE LITIGATION LAw FIRM
P[rvHSnvwxU
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MARS1iALL? DENNEHEY, WARNER, COLEMAN GOGGIIN
Doylcslown
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A P R O P E$$ I O N A L C O 0. P O 0. A T 1 O N w .marshandenneheyxom Hacnsbmg
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4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 P Rad lpha
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(717) 651-3500 • Fax (717) 651-9630 xmton
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Direct Dial: 717-651-3505 Du .".
Email: tmcmabon@mdwcg.com wllmipglon
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June 18, 2002 mpa
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Via Certified Mail and First Class U.S. Mail
William Martinko AT ORNEYSAi AW
404 Clayton Avenue
Wilmington, DE 19809
RE: William Martinko v. Flying J., Inc., t/d/b/a Flying J. Travel Plaza
Our File No. 20614-00137
CCP (Cumberland County) No. 01-1062 Civil
Dear Mr. Martinko:
Enclosed please find a copy of the Court's Order of June 14, 2002 directing that you, as the Plaintiff in
the above-referenced action, has twenty (20) days from service of the Rule to show cause why Defendant's
Motion to Compel Responses to Defendant's Discovery should not be Granted.
V truly yours,
TIMOT J. McMAHON
TJM/jmp
Enclosure
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• Sender: Please print your name, address, and ZIP+4 in this box
Marshall, Dennehey, Werner,
Coleman & Goggin
4303 Crums Mill Road
Suite B
h:wrrisburg, PA 17112
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WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, )2,_. V an employee of Marshall, Dennehey, Warner, Coleman &
Goggin, do hereby certify that on this 2f day of July, 2002, served a copy of the foregoing document via
Certified Mail/Return Receipt Requested and First Class United States mail, postage prepaid as follows:
William Martinko
404 Clayton Avenue
Wilmington, DE 19809
\05_A\LIAR\T1M\CORR\97578VMF\20614\00137
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Kindly enter the appearance of the undersigned on behalf of the Defendant in the above-
captioned matter.
Respectfully Submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE: 9-1 7-D3
BY:
JO P UMESQUII2E
1. . NO, 78119
4200 Crams Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3509
Attorneys for Defendant
\05_AVLIA13VPMVLLPaU 32969ACYW\20614V00137
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 01-1062 CIVIL
FLYING J., INC., t/d/bla
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Stefanie Meyers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on the i ( day of September 2003, I served a true and correct copy of the
foregoing document via First Class United States Mail, postage pre-paid as follows:
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue
Pittsburgh, PA 15221
Attorney for Plaintiff
wtefieeyers
V05_AALIAHVPM\LLPGA132970ACYVA20614V00137
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this 27 day of Fi6vwr,, , 2004, upon consideration of
Defendant's Motion to Compel, a Rule to Show Cause is hereby issued upon Plaintiff, William
A. Martinko, as to why Defendant's Motion to Compel Responses to Defendant's discovery
should not be granted. This Rule is returnable twenty (20) days after service upon the Plaintiff
by regular mail.
0V
BY THE COURT:
J.
A05 AALIABViPWSLPGA 143893XABA20614A00137
?-?. Iv4i
I?l.. I
WILLIAM MARTINKO, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 01-1062 CIVIL
FLYING J., INC., t/d/bfa
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
ORDER
AND NOW, this day of , 2004, upon consideration of the
Motion to Compel filed by Defendant Flying J, Inc., it is hereby ORDERED that said Motion is
GRANTED. Plaintiff shall serve full, complete, and verified answers to Defendant's
Interrogatories - Set II and Requests for Production of Documents - Sets I and 11 within thirty
(30) days from the date that this Order is served upon the Plaintiff by regular mail, or thereafter
suffer possible sanctions upon further application of Defendant.
BY THE COURT:
J.
T5 AUABOPM\.SLPGV 43894UCAB\20614?00137
\05_A\LIAB V P W S LP& 143 S 70XAB\20614\00137
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
DEFENDANT'S MOTION TO COMPEL PLAINTIFF
TO ANSWER WRITTEN DISCOVERY
This civil action arises out of an incident that occurred on August 20, 1997, at
which time Plaintiff alleges that Defendant was negligent in performing maintenance on his
vehicle, which resulted in damage to the vehicle. (See Plaintiffs Complaint).
Specifically, Plaintiff alleges that Defendant improperly torqued the oil drain plug
on his truck, causing the oil to leak and the engine to seize. (Plaintiffs Complaint at paragraphs
5-7).
On or about May 23, 2001, Defendant served Plaintiff with Interrogatories and
Request for Production of Documents - Set I. (A true and correct copy of the aforementioned
discovery is attached hereto as Exhibit "A").
4. Defendant did not receive answers to the aforementioned written discovery, and
on June 10, 2002, Defendant filed a Motion to Compel Plaintiff to answer Defendant's
Interrogatories and Request for Production of Documents - Set I.
On June 14, 2002, the Honorable Kevin A. Hess entered a rule upon Plaintiff to
show cause why the relief requested by the Defendant should not be granted.
6. Plaintiff did not respond to the Court's rule, and on July 23, 2002, Defendant filed
a Petition to Make Rule Absolute.
On July 30, 2002, the Honorable Kevin A. Hess entered an Order directing
Plaintiff to file answers to Defendant's Interrogatories and Request for Production of Documents
within 20 days after service of the Order or risk further sanctions as the Court might deem
appropriate.
8. On or about August 17, 2002, Plaintiff served answers to Defendant's
Interrogatories; however, Plaintiff never answered the Request for Production of Documents.
9. On or about September 24, 2003, Defendant served Plaintiff with Interrogatories
- Set II and Request for Production of Documents - Set 11. (A true and correct copy of the
discovery, along with the cover letter, is attached hereto as Exhibit "B").
10. In addition to answers to the written discovery, counsel for the Defendant
requested that Plaintiff execute authorizations allowing Defendant to obtain records from
service/repair facilities which are out-of-state and beyond the subpoena power of the
Pennsylvania court system. (See Exhibit "B").
11. It has now been almost three years since Defendant served Plaintiff with Request
for Production of Documents - Set I and several months since Defendant served Interrogatories -
Set II and Request for Production of Documents - Set II, and Plaintiff has failed to respond to
this discovery.
12. On November 13, 2003 and January 12, 2004, counsel for the Defendant sent
letters to Plaintiffs counsel requesting answers to the aforementioned discovery and an executed
authorization to obtain records from the out-of-state repair/service facilities. (A true and correct
copy of the aforementioned letters are attached hereto as Exhibit "C")
13. Pursuant to Pennsylvania Rules of Civil Procedure 4006 and 4009.12 a party
served with written discovery is required to provide full, complete and verified responses within
thirty days from service thereof.
14. Despite several requests, Plaintiff has failed to provide full and complete
responses to Defendant's Interrogatories - Set I and Request for Production of Documents - Sets
I and II.
15. Moving Defendant has been prejudiced by Plaintiffs failure to comply with the
Pennsylvania Rules of Civil Procedure in that Defendant has been unable to adequately prepare a
defense to this lawsuit since suit was instituted.
WHEREFORE, Moving Defendant respectfully requests that this Honorable Court enter
an Order compelling Plaintiff to file full, complete and verified answers to Defendant's written
discovery within thirty days from the date that the Order is entered, or thereafter suffer possible
sanctions upon further application of Defendant.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE: c?) ,ab 01 ')
BY:l
3OSEPItF. t HY ES_?[TIRE
I.D. No. 78119 '
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3509
Attorney for Defendant
Exhibit A
y
IN THE COURT OF COMMON PLEASE OF
CUMBERLAND COUNTY. PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
No. 1999-4870
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant CIVIL ACTION
INTERROGATORIES OF DEFENDANTS ADDRESSED TO PLAINTIFF
Introduction
Definitions. -- The following definitions are applicable to these standard interrogatories:
"Document" means any written, printed, typed, or other graphic matter of any kind or
nature, however produced or reproduced, including photographs, microfilms, phonographs, video
and audio tapes, punch cards, magnetic tapes, discs, data cells, drums, and other data
compilations from which information can be obtained.
"Identify" or "Identity" means when used in reference to --
(1) A natural person, his or her:
(a) Full name; and
(b) Present or last known residence and employment address (including street
name and number, city or town, and state or county);
(2) A document:
(a) Its description (e.g., letter, memorandum, report, etc.), title, and date;
(b) Its subject matter;
(c) Its author's identity;
(d) Its addressee's identity;
(e) Its present location; and
(f) Its custodian's identity;
(3) An oral communication:
(a) Its date;
(b) The place where it occurred;
(c) Its substance;
(d) The identity of the person who made the communication;
(e) The identity of each person to whom such communication was made; and
(f) The identity of each person who was present when such communication
was made;
(4) A corporate entity:
(a) Its full corporate name;
(b) Its date and place of incorporation, if known; and
(c) Its present address and telephone number;
(5) Any other context: A description with sufficient particularity that the thing may
thereafter be specified and recognized, including relevant dates and places, and
the identification of relevant people. entities, and documents.
"Incident" means the occurrence that forms the basis of a cause of action or claim for
relief set forth in the complaint or similar pleading.
"Person" means a natural person, partnership, association, corporation, or governmental
agency.
-2-
Standard Instructions. -- The following instructions are applicable to these standard
interrogatories:
(1) Duty to answer. -- The interrogatories are to be answered in writing, verified, and
served upon the undersigned within 30 days of their service on you. Objections must be signed
by the attorney making them. In your answers, you must furnish such information as is available
to you, your employees, representatives, agents, and attorney. Your answers must be
supplemented and amended as required by the Pennsylvania Rules of Civil Procedure.
(2) Claim of privilege. -- With respect to any claim of privilege or immunity from
discovery, you must identify the privilege or immunity asserted and provide sufficient
information to substantiate the claim.
(3) Option to produce documents. -- In lieu of identifying documents in response to
these interrogatories, you may provide copies of such documents with appropriate references to
the corresponding interrogatories.
General.
101. Personal information. --State:
(a) Your full name;
(b) Each other name, if any, which you have used or by which you have been
known;
(c) The name of your spouse at the time of the accident and the date and place
of your marriage to such spouse;
(d) The address of your present residence and the address of each other
residence which you have had during the past five years;
(e) Your present occupation and the name and address of your employer;
(f) Date of your birth;
-3-
(d) The subject that each item represents or portrays.
111. Trial preparation material. -- If you, or someone not an expert subject to
Pa.R.C.P. No. 4003.5, conducted any investigations of the incident, identify:
(a) Each person, and the employer of each person, who conducted any
investigation(s); and
(b) All notes, reports or other documents prepared during or as a result
of the investigation(s) and the persons who have custody thereof.
112. Trial witnesses. -- Identify each person you intend to call as a non-expert witness
at the trial of this case, and for each person identified state your relationship with
the witness and the substance of the facts to which the witness is expected to
testify.
113. Expert witnesses. -- Identify each expert you intend to call as a witness at the trial
of this matter, and for each expert state:
(a) The subject matter about which the expert is expected to testify;
and
(b) The substance of the facts and opinions to which the expert is
expected to testify and a summary of the grounds for each opinion.
(You may file as your answer to this interrogatory the report of the
expert or have the interrogatory answered by our expert .)
114. Trial exhibits. -- Identify all exhibits that you intend to use at the trial of this
matter and state whether they will be used during the liability or damages portions
of the trial.
115. Books, magazines, etc. -- If you intend to use any book, magazine, or other such
writing at trial state:
(a) The name of the writing;
(b) The author of the writing;
(c) The publisher of the writing;
(d) The date of publication of the writing; and
(e) The identity of the custodian of the writing.
-6-
116 Admissions. -- If you intend to use any admission(s) of a party at trial, identify
such admission(s).
-7-
201. Losses and damages alleged. -- Identify all losses or damages that you allege you
suffered as a result of the incident.
204. Earnings before the incident. -- For the period of three years immediately
preceding the date of the incident, state:
(a) The name and address of each of your employers or, if you were
self-employed during any portion of that period, each of your
business addresses and the name of the business while self-
employed;
(b) The dates of commencement and termination of each of your
periods of employment or self-employment;
(c) The nature of your occupation in each employment or self-
employment; and
(d) The wage, salary, or rate of earnings received by your in each
employment or self-employment, and the amount of income from
employment and self-employment for each year.
205. Earnings after the incident. -- If you have engaged in one or more gainful
occupations subsequent to the date of the incident, state:
(a) The name and address of each of your employers or, if you were
self-employed at anytime subsequent to the incident, each of your
business addresses and the name of the business while self-
employed;
(b) The dates of commencement and termination of each of your
periods of employment or self-employment;
(c) The nature of your occupation in each employment or self-
employment;
(d) The wage, salary, or rate of earnings received by you in each
employment or self-employment, and the amount of income from
employment and self-employment for each year; and
(e) The date(s) of any absence(s) from your occupation resulting from
any injury or disease suffered in this incident and the amount of
-8-
any earnings or other benefits lost by you because of such
absence(s).
301. Motor vehicle information. -- With respect to all motor vehicles involved in the
incident, state:
(a) The identities of the owner(s) and operator(s) of each vehicle;
(b) The identity of the passenger(s) in each vehicle, if any; and
(c) The make, model, and year of each vehicle;
302. Motor vehicle damage. -- With respect to any vehicle you owned that was
involved in the incident, state:
(a) The nature of any damage existing prior to the incident;
(b) The identity of any person who performed repairs to the vehicle
following the incident;
(c) The total amount of the repair bill(s), or if not yet repaired, the
total estimated cost of repairing the vehicle of the estimated value
of the damages to the vehicle (include the identity of the person
furnishing such estimate);
(d) The date and place of the last state inspection prior to the incident
and identify the person making said inspection; and
(e) The nature of any defect in or problem with the vehicle and the
length of time such defect or problem existed.
303.
Motor vehicle operation. -- With respect to the vehicle you operated or in which
you were a passenger, state:
(a) The destination and the point and time of departure of the vehicle;
(b) The purpose of the trip or journey in the vehicle;
(c) The time and place of all stops and departures between the
commencement of the trip or journey and the time of the incident;
(d) Whether the operator of the vehicle was familiar with the
surrounding area of the incident; and
-9-
(e) The weather conditions at the time of the incident, including
visibility and roadway conditions.
-10-
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE:
BY:A ? ??
TIMOTHY J.'MON, ESQ.
100 Pine Street - 4th Fl.
P.O. Box 803
Harrisburg, PA 17108-0803
I.D.
(717) 232-9323
ATTORNEY FOR DEFENDANT,
Flying J., Inc.
\05_A\LIAB\TJM\LLPG\72388\SX V \20614\00137
-11-
IN THE COURT OF COMMON PLEASE OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
No. 1999-4870
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant CIVIL ACTION
CERTIFICATE OF SERVICE
I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby
Ac??
certify that on this 3 day of May, 2001, served a copy of the foregoing document via First
Class United States mail, postage prepaid as follows:
TO:
Hubert Gilroy, Esq.
Broujos and Gilroy, P.C.
4 N. Hanover St.
Carlisle, PA 17013
Shonu V. McEchron
\05_A\LIAB\T]M\LLPG\68956\SX V \20614\00137
IN THE COURT OF COMMON PLEASE OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
No. 1999-4870
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant CIVIL ACTION
REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO PLAINTIFF
PLEASE TAKE NOTICE that you are hereby requested to produce for inspection and
other purposes, including copying, pursuant to the Pennsylvania Rules of Civil Procedure, at the
office of the counsel for the requesting party, or at such other location as may be mutually
agreeable between counsel for you and counsel for the requesting party, not less than thirty (30)
days after service of these requests, documents herein cited. The word "document" or
"documents" as herein used includes but is not limited to photographs, video tapes, drawings,
reports, statements and memoranda, as well as all other documents as defined in the Rules.
All documents in your possession, control or custody constituting, relating to, or
pertaining to the documents identified in response to Defendant's Interrogatories.
2. All bills, reports, records, invoices and letters, relating to the loss or damages
allegedly sustained in the occurrence described in the Complaint, as well as all bills, invoices,
and/or reports relating to prior or subsequent repairs to the same parts of the vehicle claimed by
Plaintiff to have been damaged in the occurrence described in the Complaint.
3. All employee reports, records, tax returns, attendance records, and wage
statements relating to the claim of loss of income as a result of the occurrence in Plaintiff s
Complaint.
4. Copies of all statements, memoranda, summaries of other writings, documents,
diagrams and pictures obtained from your investigation, your insurance company's investigation,
or your attorney's investigation into the incident involved. (You need not supply any attorney's
"work product" or other material which is specifically accepted as privileged by the above
Rules).
5. All documents in your possession, custody or control prepared in anticipation of
litigation or trial of this case, except those documents which disclose the mental impressions of
your attorney or your attorney's conclusions, opinions, memoranda, notes or summaries, legal
research or legal theories, and except those documents prepared in anticipation of litigation by
your representatives to the extent that they would disclose the representatives' mental impression,
conclusions or opinions respecting the value or merit of the claim or defense.
6. To the extent that you have not already provided the same in response to previous
requests herein, all statements obtained from any witnesses or memoranda of conversations with
witnesses or recordings of witnesses' statements memoranda, or recordings made by parties to
this lawsuit or their representative.
To the extent not already provided in response to previous requests herein, all
statements made by any party to this action, including written statements signed or otherwise
adopted or approved by the person making it or stenographic, mechanical, electrical, or other
recording or transcription thereof, which is a substantially verbatim recital of an oral statement
and contemporaneously recorded, as allowed by Pennsylvania Rules of Civil Procedure No.
-2-
4003.4.
S. To the extent that you have not already provided the same, copies of all records,
documents and memoranda, which have any bearing upon the matters alleged against the
requesting party or upon the responsibility of the requesting party for the matters alleged against
the requesting party.
9. To the extent not already provided, all reports of those experts who are to be
called by you as witnesses at trial, which reports made or secured by you in connection with your
investigation of the matters relating to this lawsuit.
10. To the extent not already provided, copies of all experts' reports made or secured
by you in connection with your investigation of the matters relating to this lawsuit.
11. To the extent not already provided, all photographs, diagrams, maps, surveys,
plans and models of the vehicle in question that are in your possession.
12. To the extent not already provided, all documents containing the names and
addresses of witnesses or potential witnesses with the exception of material described above,
specifically correspondence privileged by the above rules.
13. To the extent not already provided, all property damage estimates relating to the
claims in the Complaint.
14. To the extent not already provided, copies of all exhibits which you intend to offer
into evidence at the trial of this matter.
15. To the extent not already provided, copies of all driver's daily log records from
September 6, 1996 to September 6, 1997, inclusive.
-3-
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE: BYTIMOTHYJ-4MAfHOr N,
ESQ. ?.
100 Pine Street - 4th Fl.
P.O. Box 803
Harrisburg, PA 17108-0803
I.D. 52918
(717) 232-9323
ATTORNEY FOR DEFENDANT,
Flying J., Inc.
\05_A\LIA B\TJM\LLPG\723 S S\SX V \20614\00137
-4-
IN THE COURT OF COMMON PLEASE OF
CUMBERLAND COUNTY, PENNSYLVANIA
WILLIAM MARTINKO,
Plaintiff
V.
No. 1999-4870
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant CIVIL ACTION
CERTIFICATE OF SERVICE
I, Shonu V. McEchron, of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby
„d.
certify that on this day of May, 2001, served a copy of the foregoing document via First
Class United States mail, postage prepaid as follows:
TO:
Hubert Gilroy, Esq.
Broujos and Gilroy, P.C.
4 N. Hanover St.
Carlisle, PA 17013
c-
Shonu V. McEchron
\05_A\UAB\TJM\1-LPG\68956\SX V \2 0614\00137
Exhibit B
A REGION. DEFENSE LITIGATION LAW FIRM
??'?? PwRM?ANM
I WEfMHAud DENNEMY, WARNERI COLEMAN &5 GOGGIN
A P R O F E S S I O N A L C O R P O R A T I O N W W W.IOAt563Itd[In1ttICy.COID Nartifbmg
NcNrovn Square
Phd.&J "h'
4200 Crums Mill Road, Suite B • Harrisburg, PA 17112
(717) 651-3500 • Fax (717) 651-9630 v?
N. Jaaw
chum HM
AoarlaeE
DauwAaa
Direct Dial: 717-651-3509
Email: jmurphy@mdwcg.com AAk'
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ft. U.&-rdak
OrhRAu
T Pa
September 24, 2003
V 1 IT
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue ATIgNETSATLIW
Pittsburgh, PA 15221
RE: William Martinko v. Flving J., Inc., t/d/b/a Flvine J. Travel Plaza
Our File No. 20614-00137
CCP (Cumberland County) No. 01-1062 Civil
Dear Mr. Crawford:
I am writing to advise you that Justin Murphy has left this firm and this file has been reassigned to me to
defend Flying J. I look forward to working with you in this case.
I reviewed the file contents in some detail, and it is apparent to me that there is additional discovery that
we will need before we are prepared to proceed to trial. I am enclosing a Second Set of Interrogatories and
Request for Production of Documents to be answered by your client. Please provide answers to this discovery
within the time limits set forth in the Rules.
In addition, although I see that you provided answers to our Interrogatories, I do not see that we were
provided with formal answers to the First Set of Requests for Production of Documents. Please provide formal
answers to that request at your earliest convenience. You will note that the requests ask for all reports of
experts who your client will be calling as witnesses at the trial of this matter. Obviously, expert opinions are
crucial in this case and we do not have any such opinion, other than your client's hearsay testimony. I must
insist that you provide me with any and all expert reports so that we may properly evaluate your client's claim.
You will note that in the Request for Production of Documents, Set II, I am requesting copies of any and
all leases that your client entered into for tractors. Please note that the two leases referenced in the requests
appear to me to be incomplete. Please provide complete copies of any and all leases responsive to that request.
As you can also see by the written discovery, I would like the complete names and addresses of any and
all service/repair facilities who have worked on your client's vehicle. Obviously, some of those
individuals/facilities are out-of-state and beyond the subpoena power of our Court system. Accordingly, I
respectfully ask that your client execute authorizations allowing us to obtain these documents directly from the
service/repair facilities. I am enclosing with this letter a blank authorization, which you can copy for each and
Thomas A. Crawford, Jr., Esquire
September 16, 2003
Page 2
every out-of-state facility and have your client execute. Please provide the vehicle identification and plate
numbers for the vehicle on the authorization.
I will try to complete all necessary discovery as soon as possible; however, I will obviously need your
assistance in order to complete discovery.
I thank you in advance for your assistance in this case.
Very truly yours
d
rP41??a Y
JFM/sm
Enc.
cc: Robert Payne, Esquire
AUTHORIZATION
I hereby authorize
or any other person or entity
or authorized agent thereof to supply to the firm of MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN copies of any and all records concerning service, maintenance, and/or
repairs of any kind performed at anytime for the 1988 Ford LTL 9000 owned by William Martinko.
VIN:
Plate:
Date William Martinko
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS, SET II
DIRECTED TO PLAINTIFF
Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendant Flying J,
Inc. requests that Plaintiffs produce the documents hereinafter described and permit Defendants,
through their attorney, to inspect them and copy such of them as they may desire. Defendants
request that the documents be made available for this inspection at the offices of Defendants'
attorney located at 4200 Crums Mill Road, Suite B, Harrisburg, Pennsylvania, within thirty (30)
days of the date of service hereof. Defendants' attorney will be responsible for these documents
so long as they are in their possession. Copying will be done at Defendants' expense and the
documents will be properly returned after copying has been completed.
1. INSTRUCTIONS
In producing the documents described below, the responding party is required to
furnish all documents known or available to him/her/them/it or in its custody or
control regardless of whether the documents are possessed (i) directly by
responding party, (ii) by his/her/their/its agents, employees or representatives, or
(iii) by his/her/their/its attorneys.
2. The documents produced for inspection shall be produced as they are kept in the
usual course of business or shall be organized and labeled to correspond to the
particular request, as set forth below, to which they are responsive. Pursuant to
Rule 4009(b)(2), responding party shall file a written statement responding to
each numbered request by identifying the document(s) produced in response to
that request. If any request is objected to in whole or in part, the reason(s) for the
• objection must be stated.
3. If any request cannot be complied with in full, it should be complied with to the
greatest extent possible, and an explanation provided as to why full compliance is
not possible.
4. Whenever a request is stated in the conjunctive, it shall also be taken in the
disjunctive, and vice versa. Whenever a request is stated in the singular, it shall
also be taken in the plural, and vice versa.
This request is a continuing one. If, after producing documents, responding party
obtains or becomes aware of any further documents responsive to any request,
responding party is required to produce such additional documents.
6. If any claim of privilege or immunity from discovery is asserted as to any
document (or any portion thereof), responding party shall furnish, in lieu of
withheld documents, a schedule that specifically states the following information
for each document (or portion) withheld:
(a) the type of document (e.g., letter, memorandum, phone message slip,
handwritten note, etc.);
(b) the date of the document;
(c) the author of the document;
(d) the name of all persons to whom the document or its contents have been
disclosed or who are indicated on the document as having received copies
of it;
(e) the subject matter of the document and the circumstances of its creation in
sufficient detail to ascertain the applicability of the claimed privilege or
immunity from discovery; and
(f) a statement of the specific privilege or immunity claimed and of the basis
upon which the privilege or immunity is claimed.
II. DEFINITIONS
The word "document" or "documents" as used herein shall be understood to mean
all written, graphic or otherwise recorded matter, however produced or
reproduced in the actual or constructive possession, custody, care or control of
you, your officers, agents, employees and attorneys, or any of them including, but
not limited to, originals and all copies of all correspondence, tapes, discs,
photographs, contracts, drawings, reports, statements, telegrams, notes, sound
recordings, minutes of meetings, memoranda, reports, and the like, whether made
or received by you, as well as all other documents as defined in Pa. R.C.P. Rule
4009.
2. "Responding Party" shall refer to William Martinko, as well as his agents,
representatives, attorneys, accountants, consultants, independent contractors, and
any other individual or entity associated or affiliated with you or acting on your
behalf with respective matter in question.
3. The word "accident" or "incident" shall refer to the circumstances in which this
action is based.
III. REQUESTS FOR PRODUCTION OF DOCUMENTS
1. Please provide copies of all log book entries for your Ford LTL 9000, which is the
subject of the above-captioned action, from August 20, 1997 through and including September 6,
1997.
2. Please provide copies of all delivery receipts from August 20, 1997 through and
including September 6, 1997.
3. Please provide complete copies of any and all lease and/or purchase agreements
for tractors that you entered into with anyone from January 1, 1997 through the present time.
4. Please provide a complete copy of the title to the Ford LTL 9000 covering
ownership of the vehicle from August 20, 1997 through and including September 6, 1997.
5. Please provide copies of any and all service, repair, and or maintenance records
for the Ford LTL 9000, which is the subject of the above-captioned action from the time that you
first obtained the vehicle in or around 1989 or 1990 through the present time.
6. Please provide copies of any and all appraisals of the value of the Ford LTL 9000
from 1995 through the present time.
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
By: 7i l ^ ;
Jo 'ph F. Murphy, squ
ID No. 78119
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3509
Attorney for Defendant, Flying J, [nc.
Dater
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Stefanie Meyers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on the r-IN day of September 2003, I served a true and correct copy of the
foregoing document via First Class United States Mail, postage pre-paid as follows:
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue
Pittsburgh, PA 15221
Attorney for Plaintiff
tefa ie Meyers
\05_A \LIA B V P M \ LLP G\ 132970\CY W \20614 \00137
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
DEFENDANT'S INTERROGATORIES DIRECTED TO PLAINTIFF - SET NO. II
Pursuant to Rule No. 4005 of the Pennsylvania Rules of Civil Procedure:,
Defendant, Flying J, hrc. t/d/b/a Flying J Travel Plaza, in this action, serves the within
Interrogatories on Plaintiff, William Martinko, and makes a demand on Plaintiff to answer same
under oath within thirty (30) days of the date of service hereof.
A. INSTRUCTIONS
1. These Interrogatories are considered to be continuing and, therefore, should be
modified or supplemented as you obtain further or additional information up to the time of trial
of this case.
2. The answers to these Interrogatories shall reflect the cumulative knowledge of all
representatives, agents and employees of the party to whom they are addressed.
3. Where exact information cannot be furnished, estimated information is to be
supplied. Where an estimate is to be used, it should be identified as such and accompanied by an
explanation as to the basis on which the estimate is made and the reason the exact information
cannot be furnished.
4. Where knowledge, information or documents in the possession of a party are
requested, such request includes knowledge, information or documents in the possession of the
party's agent, representative or attorneys.
5. If any document was, but no longer is, in your possession or subject to your
control, state what disposition has been made of it.
B. DEFINITIONS
1. 'Document' or "documents" includes, without limitation, writings and printed
matter of every kind and description, photographs and drawings, notes and records of oral
communication, and recordings (tapes, discs or other) of oral communication. In all cases where
originals are not available, "documents" also means copies of original documents and copies of
non-identical copies.
2. "Identify" as applied to a person means to state the following: (a) full name; (b)
title, if any; (c) present home address; (d) present business address; and (e) person, if any, for
whom the person identified was acting at the time to which the Interrogatory relates.
3. "Identify" as applied to any writing means to state the following: (a) its date; (b)
identity of its author(s); (c) identity of its sender(s); (d) identity of person(s), to whom it is
addressed; (e) identity of recipient; (f) format; (g) title; (h) number of pages; (i) complete
summary of contents; and 0) identity of person(s) known or believed to have possession,
custody or access to writing.
4. "Identify" as applied to an oral statement, conversation or conference means to:
(a) identify the person making each statement, the person to whom each statement was made,
and all other persons present at the time of each statement; (b) state the date of such statement,
conversation or conference; (c) state the place where such statement, conversation or conference
was held; (d) if by telephone, identify the person receiving the telephone call, the person making
the call, and the places where the persons participating in the call were located; and (e) state in
detail the substance of each statement, conversation or conference.
5. "Person" means any individual, firm, association, partnership, corporation, or
trustee and also, where relevant, the person representing or acting for such "person."
6. "Explain" or "state" means to set forth every fact relevant to the answer to the
Interrogatory and to set forth each such fact fully and unambiguously.
7. "Health care provider" means any physician, dentist, nurse, physical therapist,
chiropractor, psychiatrist, or other person licensed to provide health care services.
& "Health care facility" means any institution which provides health care services.
NOTE: A response of "will be supplied" or "will supplement" or "discovery is
continuing" is not responsive. You have a duty to provide information of which you are aware.
C. INTERROGATORIES
1. Please provide the names and addresses of any and all individuals and/or repair
facilities that repaired, serviced, or otherwise maintained your Ford LTL 9000, which is the
subject of the above-captioned lawsuit from the time that you first obtained the vehicle: through
September 6, 1997, including, but not limited to, Motor Parts Pittsburgh, New Stanton; Giles &
Ransome, Bensalem, Pennsylvania; Mike's Diesel, Elkton, Maryland and MAS Maintenance,
Delaware.
2. Please provide the complete address for Will's Trucking, Inc.
3.. Please state whether you will agree to provide authorizations to obtain any and all records
relative to the service, repairs, and/or maintenance performed by the individual/entities identified
in your Answer to Interrogatory #1, and any and all employment records, including, but not
limited to, your log book and delivery receipts from August 20, 1997 through and including
September 6, 1997, maintained by Will's Trucking. If you will not agree to provide said
authorizations, please frilly explain why you will not agree to do so.
4. Do you have the originals or copies of your log book covering the dates August
20, 1997 through September 6, 1997, and do you have any delivery receipts covering that period
of time?
a. If your answer to the foregoing Interrogatory is anything other than an
unequivocal "yes," please explain fully why you do not have these documents, and if you, in fact,
possessed these documents at sometime, please fully explain what you did with these documents,
specifying the date that you relinquished the documents, the reasons why you relinquished the
documents and whether you made any attempt to retrieve the documents, including the date and
manner in which you attempted to retrieve the documents.
5. Were you the title owner of the Ford LTL 9000 that is the subject of the above-
captioned action?
6. Please state the actual mileage on the vehicle which is the subject of this action at
the time of the loss.
7. Have you entered into any other equipment lease agreements, other than the
September 20, 1997 and June 1, 1998 leases with Will's Trucking, Inc., and if so, please state the
date of each such lease?
8. Has anyone provided you with an appraisal of the value of your Ford LIT 9000,
which is the subject of the above-captioned lawsuit, whether written or oral, from January 1,
1997 through the present time, and if so, please state the identity of the individual and/or entity
who provided you with such an appraisal, the date that the appraisal was made, and the amount
of the appraisal?
9. Do you know that the copper washer for the oil plug at issue in this case was not
replaced by Defendant Flying J, and if so, please state how you came about that knowledge?
10. Please state the name and business address for the police officer who assisted you
on the date of the incident giving rise to this action, and to whom you referred at your May 12,
2003 deposition, and identify the police force that responded to assist you.
11. Were you ever contacted in any manner and in any way by any authority,
including the police department who assisted you on September 6, 1997, concerning the
discharge of oil from your Ford LTL 9000, which is the subject of the above-captioned lawsuit?
12. Have you ever been convicted or plead guilty to any crime within the past fifteen
years? If so, please state for each conviction or plea, the offense charged, the court caption and
docket, and the disposition and sentence.
13. Please identify with detail any and all inspections that you made of your Ford
LTL 9000 from August 20, 1997 through September 6, 1997, including the "things you
check[ed] on your truck everyday" between that period of time, including what you would
physically do in identifying each and every part of the truck that you would inspect.
14. Did you have any other conversation with any employee of Flying J on August
20, 1997, other than any conversations to which you may have testified at your May 12, 2003
deposition, and if so, please state the identity of the individual with whom you had a
conversation and the substance of the conversation?
MARSHALL, DENNEHEY, WARNER
COLEMAN & GOGGIN
By:
Joseph.F. Murp' , E /'r e
IDNo. 78119 \,:
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3509
Attorney for Defendant, Flying J, Inc.
Date:
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Stefanie Meyers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on the day of September 2003, I served a true and correct copy of the
foregoing document via First Class United States Mail, postage pre-paid as follows:
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue
Pittsburgh, PA 15221
Attorney for Plaintiff
Stefanie Meyers
\05 A\LIABVPM\I.LPG\132970\CYW,20614\00137
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Stefanie Meyers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do
hereby certify that on the r ?rday of September 2003, I served a true and correct copy of the
foregoing document via First Class United States Mail, postage pre-paid as follows:
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue
Pittsburgh, PA 15221
Attorney for Plaintiff
Ste nie Meyers
V05_A\LIABVPMVLLPGA132970ACY W20614V00137
Exhibit C
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MARSHALL, DENNEHEY, WARNER, Col.P.t m f6 GOGGIN I DDYI
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4200 Crums Mill Road, Suite B • Harrisburg, PA 17112 P RIa
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(717) 651-3500 • Fax (717) 651-9630 SORFARA,
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Direct Dial: 717-651-3509
Email: jmurphy@mdwcg.com
January 12, 2004
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue
Pittsburgh, PA 15221
RE: William Martinko v. Flying J., Inc., t/d/b/a Flying J. Travel Plaza
Our File No. 20614-00137
CCP (Cumberland County) No. 01-1062 Civil
Dear Mr. Crawford:
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We still have not received your client's answers to our Interrogatories and Requests for Production of
Documents, which were served on or about September 24, 2003. I respectfully ask that you provide us with
answers within the next 20 days. If answers are not received by that time, I will have no choice but to file a
Motion to Compel.
Thank you for your anticipated cooperation in this matter.
Very truly yours,
7ose`ph F. MurphJ
JFM:emp
V05 AALIABVPMICORRV141252\EMPA20614V00137
A REGIONF
MARSHAI.L, DENNEHEY, WARNER, COLEMAN &; GOGGIN
A P R O F E 5 5 1 O N A L C O R P O R A T 1 O N ?.?IlaUdCELELCILCY-com
4200 Crums Mill Road, Suite B • Harrisburg, PA 17112
(717) 651-3500 • Fax (717) 651-9630
Direct Dial: 717-651-3905
Email: jmurphy@mdwcg.com
November 13, 2003
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue
Pittsburgh, PA 15221
RE: William Martinko v. Flying J., Inc., ttd/b/a Flying J. Travel Plaza
Our File No. 20614-00137
CCP (Cumberland County) No. 01-1062 Civil
Dear Crawford:
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You may recall that on September 24, 2003, I sent to you enclosed written discovery and authorizations.
To date, I have not received a response or answers. Please advise me as to when I can expect these answers.
I look forward to hearing from you.
Very truly yours
4s F. Mu 11
JFM/smc
DEFENSE LITIGATION LAW FIRM
\05_A\LIABV PM\CORR\ 137717\SM C\20614\00137
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA
V. : No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
7 ^ _ CERTIFICATE OF SERVICE
I, C (l lV f ??? ??Q an employee of Marshall, Dennehey, Warner,
Coleman & Goggin, do hereby certify that on the &I day 4f ' If JuAW 2004, I
served a true and correct copy of the foregoing document via First Class United States Mail,
postage pre-paid as follows:
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue
Pittsburgh, PA 15221
Attorney for Plaintiff
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WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 01-1062 CIVIL
CIVIL ACTION - LAW
FLYING J, INC., tfdfbla
FLYING J TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
ORDER
AND NOW, this R1-4-& day of April, 2004, upon consideration of the Motion to
Compel filed by defendant, Flying J, Inc., it is hereby ordered that said motion is granted.
Plaintiff shall serve full, complete, and verified responses to defendant's Interrogatories - Set II
and Requests for Production of Documents - Sets I and II within thirty (30) days from the date
that this order is served upon the plaintiff by regular mail, or thereafter suffer possible sanctions
upon further application of defendant.
BY THE COURT,
/homas A. Crawford, Jr., Esquire
For the Plaintiff
vJroseph F. Murphy, Esquire
For the Defendant
:rlm
, X70?Z
Kev' A. Hess, J.
04 -22-aq
V05 AALIABVPMVLLPGA148363VHWQ0614V00137
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
MOTION TO MAKE RULE ABSOLUTE
On February 24, 2004, Defendant filed a Motion to Compel Plaintiff to answer defendant's
written discovery.
2. On February 27, 2004, the Honorable Kevin A. Hess entered a rule upon plaintiff to show cause
why the Relief requested in defendant's Motion should not be granted. The rule was returnable in twenty days
after service upon plaintiff by regular mail. (A true and correct copy of the rule to show cause is attached hereto
as Exhibit A).
On March 19, 2004, defendant served plaintiffs counsel with Judge Hess' Rule to Show Cause.
(A true and correct copy of the cover letter is attached hereto as Exhibit B).
More than twenty days have passed since defendant served plaintiffs counsel with the Rule to Show
Cause.
4. In light of plaintiffs failure to show cause why the discovery should not be answered, defendant
respectfully requests that this Honorable Court grant the Motion to Compel and enter an order compelling
plaintiff to serve a full, complete, and verified answers to defendant's discovery. (A proposed order is attached
hereto as Exhibit Q.
WHEREFORE, moving defendant Flying J respectfully requests that this Honorable Court grant this
Motion and enter and order compelling plaintiff to provide a full, complete, and verified answers to defendant's
written discovery within thirty days from the date of the order.
Respectfully submitted,
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
DATE:f
BY:
J P F. H , ESQUIRE
1. . No. 78119
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3503
Attorney for Defendant
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., tldlbfa
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Joseph F. Murphy, Esquire hereby certify that I served a a true and correct copy of the
foregoing document via First Class United States mail, postage prepaid as follows:
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue
Pittsburgh, PA 15221
J F. M J, ESQUIRE
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3504
Attorney for Defendant
DATE: L/_ f3 __0
FEB 2 5 2004
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
r7 RULE TO SHOW CAUSE
AND NOW, this 2 ! day of 4C-' ? f-0-0-1- 2004, upon consideration of
Defendant's Motion to Compel, a Rule to Show Caus is hereby issued upon Plaintiff, William
A. Martinko, as to why Defendant's Motion to Compel Responses to Defendant's discovery
should not be granted. This Rule is returnable twenty (20) days after service upon the Plaintiff
by regular mail.
\05_A\LIABUPM\SLPG\ 143893UCAB\20614\00137
BY THE COURT:
J.
TRUE COPY FROM RECORD
In Testimony v,hi.rt:af, I here unto set my hand
and t seal of said Court at lisle, Pa. f
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March 19, 2004 nmPa
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue A TOaNfVSAi AW
Pittsburgh, PA 15221
RE: William Martinko v. Flying J., Inc., tldlb/a Flying J. Travel Plaza
Our File No. 20614-00137
CCP (Cumberland County) No. 01-1062 Civil
Dear Mr. Crawford:
Enclosed please find Judge Hess' Rule to Show Cause, dated February 27, 2004.
Very truly yours,
v
Joseph F. MurplTy
JFM:emp
Enclosure
\05_A\LIABVPM\CORR\146516TMP\20614\00137
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DEMANDED
ORDER
AND NOW, this day of , 2004, upon consideration of the
Motion to Compel filed by Defendant Flying J, Inc., it is hereby ORDERED that said Motion is
GRANTED. Plaintiff shall serve full, complete, and verified answers to Defendant's
Interrogatories - Set II and Requests for Production of Documents - Sets I and II within thirty
(30) days from the date that this Order is served upon the Plaintiff by regular mail, or thereafter
suffer possible sanctions upon further application of Defendant.
BY THE COURT:
J.
\05_A\LIABVPM\SLPG\I43894\ ABQ0614\00137
WILLIAM MARTINKO,
Plaintiff
V.
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-1062 CIVIL
JURY TRIAL DEMANDED
WITHDRAWAL OF APPEARAiNCE
TO THE PROTHONOTARY:
Kindly withdraw the appearance of the undersigned as counsel on behalf of the
Defendant, Flying J, Inc. t/d/b/a Flying J Travel Plaza, in the above-captioned case.
DATE: G`r BY:
JOS H E MURP Y, E QU
LD. .78119
V.ll FBI!\jiN?7.l ??;,lalt?
d3S
ENTRY OF APPEARANCE;
TO THE PROTHONOTARY:
Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant,
Flying J, Inc. t/d/b/a Flying J Travel Plaza, in the above-captioned case.
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
CHRISTOPHER M. REESER, ESQUIRE
I.D. No. 73632
4200 Crums Mill Road, Suite B
Harrisburg, PA 17112
(717) 651-3509
DATE: Attorneys for Defendant
`1I? I 0-1
WILLIAM MARTINKO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 01-1062 CIVIL
FLYING J., INC., t/d/b/a
FLYING J. TRAVEL PLAZA,
Defendant JURY TRIAL DE:YIANDED
CERTIFICATE OF SERVICE
I, Christopher M. Reeser, do hereby certify that a true and correct copy of my Entry of
Appearance was served to all parties herein listed via United States First-Class mail on the date
below.
Thomas A. Crawford, Jr., Esquire
1306 Penn Avenue
Pittsburgh, PA 15221
Attorney for Plaintiff
MARSHALL, DENNEHEY, WARNER,
COLEMAN & GOGGIN
BY:
CHRISTOPHER M. REESER, ESQUIRE
I.D. No. 73632
4200 Crums Mill Road, Suite B
Harrisburg„ PA 17112
(717) 651-3509
1 1,9,1 Attorneys for Defendant
DATE:
N
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A
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Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573