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HomeMy WebLinkAbout11-0028QF THEL RQTHONOE FARY 1011,1«yi -4 ~~"~ ~: tip CU~O~~~ qRp COUP~TY PEi~~I"~'S Y"LVq~iq WARD TRUCKING, LLC, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. ably ag ~lYi~ T~'~ DELPHINE COOK, KEVIN S. KING and :CIVIL ACTION -LAW STUART D. MILLER, Defendants :JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights import to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER YOU LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUED FEE OR NO FEES. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 ® ~9a• p0~~ a~ A ~#syus ~~ as3 X33 WARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. DELPHINE COOK, KEVIN S. KING and :CIVIL ACTION -LAW STUART D. MILLER, Defendants :JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tien viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia excrita o en persona o por abogado y archivar en la Corte en forma escrita sus defenses o sus objeciones a las demandas en contra de tomara medidas y puede entrar una Orden contra usted sin previo aviso 0 notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 WARD TRUCKING LLC, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. DELPHINE COOK, KEVIN S. KING and :CIVIL ACTION -LAW STUART D. MILLER, Defendants :JURY TRIAL DEMANDED COMPLAINT NOW COMES, Plaintiff Ward Trucking, LLC by and through its attorneys Marcello & Kivisto, LLC and files this Complaint and in support thereof avers as follows: 1. Plaintiff Ward Trucking, LLC is a corporation with its principal place of business located at 2°d Avenue and 7~' Street, Altoona, Blair County, Pennsylvania 16603. 2. Defendant Delphine Cook is an adult individual whose last known address is 4606 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant Kevin S. King is an adult individual whose last known address is 415 S. 3`d Street, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Defendant Stuart D. Miller is an adult individual whose last known address is 224 N. Union Street, Middletown, Dauphin County, Pennsylvania 17057. 5. On or about May 1, 2010 at approximately 1:23 a.m., Plaintiff s vehicle was being driven and was proceeding East on Route 581 near its I-83 South exit ramp in Camp Hill Borough, Cumberland County, Pennsylvania. 6. Immediately prior to Plaintiff s vehicle's arrival at said location at that date and time, Defendants had operated their vehicles eastbound on Route 581 in Camp Hill Borough, Cumberland County in a manner that resulted in the damage to and loss of use of Plaintiff's vehicle as set forth below. COUNTI WARD TRUCKING, LLC v. DELPHINE COOK NEGLIGENCE 7. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint herein as if set forth in full. 8. All of Plaintiff s damages, as hereinafter alleged, were caused by the negligence, carelessness and/or recklessness of Defendant Cook in that said Defendant: a. Failed to operate her vehicle in a proper, lawful and safe manner; b. Failed to take due care with regard to the operation of her vehicle; Failed to obey the applicable state and/or local laws and/or regulations with regard to the operation of her vehicle; d. Operated her vehicle while intoxicated; e. Operated her vehicle in a reckless and/or inattentive manner; f. Failed to operate her vehicle within the proper lane and/or without striking the concrete barrier between the eastbound and westbound lanes of Route 581; g. Failed to operate her vehicle in a safe manner so as not to cause or result in the loss of control of her vehicle resulting in an accident involving her vehicle; h. Abandoned her vehicle in the left-hand lane of Route 581; i. Failed to warn oncoming motorists of her stopped vehicle in the left-hand lane of Route 581, including but not limited to failing to utilize her vehicle's hazard, head and tail lights; j. Failed to make her stopped vehicle visible and/or conspicuous to oncoming traffic; k. Failed to remove her stopped vehicle from the left-hand lane of Route 581; and 1. Was otherwise negligent, careless and/or reckless under the circumstances. 9. As a result. of the aforesaid carelessness, negligence and/or recklessness of Defendant Cook, Plaintiff s vehicle sustained damage and expenses in the amount of $32,478.75 and loss of use thereof. WHEREFORE, Plaintiff respectfully requests this Honorable Court award damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. COUNT II WARD TRUCKING, LLC v KEVIN S. KING NEGLIGENCE 10. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint herein as if set forth in full. 11. All of Plaintiff s damages, as hereinafter alleged, were caused by the negligence, carelessness and/or recklessness of Defendant King in that said Defendant: a. Failed to operate his vehicle in a proper, lawful and safe manner; b. Failed to take due care with regard to the operation of his vehicle; c. Failed to operate his vehicle in a safe manner so as not to cause or result in his vehicle striking Defendant Cook's vehicle; d. Operated his vehicle too fast for conditions; e. Failed to keep a proper lookout for other vehicles on the roadway; f. Operated his vehicle in a reckless and/or inattentive manner; g. Operated his vehicle at an excessive rate of speed under the circumstances; h. Failed to obey applicable state and/or local laws and/or regulations with regard to the operation of his vehicle; i. Operated his vehicle while intoxicated; Operated his vehicle with a BAC level of .11; and k. Was otherwise negligent, careless and/or reckless under the circumstances. 12. As a result of the aforesaid carelessness, negligence and/or recklessness of Defendant King, Plaintiff s vehicle sustained damages and expenses in the amount of $32,478.75 and loss of use thereof. WHEREFORE, Plaintiff respectfully requests this Honorable Court award damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. COUNT III WARD TRUCKING, LLC v STUART D. MILLER NEGLIGENCE 13. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint herein as if set forth in full. 14. All of Plaintiff s damages, as hereinafter alleged, were caused by the negligence, carelessness and/or recklessness of Defendant Miller in that said Defendant: a. Failed to operate his vehicle in a proper, lawful and safe manner; b. Failed to take due care with regard to the operation of his vehicle; c. Failed to operate his vehicle in a safe manner so as not to cause or result in his vehicle striking Defendant Cook's vehicle; d. Operated his vehicle too fast for conditions; e. Failed to keep a proper lookout for other vehicles on the roadway; f. Operated his vehicle in a reckless and/or inattentive manner; g. Operated his vehicle at an excessive rate of speed under the circumstances; h. Failed to obey applicable state and/or local laws and/or regulations with regazd to the operation of his vehicle; and i. Was otherwise negligent, cazeless and/or reckless under the circumstances. 15. As a result of the aforesaid cazelessness, negligence and/or recklessness of Defendant King, Plaintiff s vehicle sustained damages and expenses in the amount of $32,478.75 and loss of use thereof. WHEREFORE, Plaintiff respectfully requests this Honorable Court awazd damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: ~~ ~ 9 !Q By: Dougl cello, Esq. Atto ey I.D. No. 36510 Angela N. Rainey, Esq. Attorney I.D. No. 207168 Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Cazlisle, PA 17015 T: (717) 240-4686 F: (717) 258-4686 Attorneys for Plaintiff VERIFICATION I, ~)e~118!/QCl~ hereby verify that the averments made in the attached document are true and correct to the best of my information, laiowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~' a Dated: ~y~ r l U 1~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?Qt?r+tu of ?u?nL??,{'?¢ FILED-OFFICE OF THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 JAN 24 PM 2: 41 CUMBERLAND COUNTY PENNSYLVANIA Ward Trucking, LLC vs. Case Number Stuart D. Miller (et al.) 2011-28 SHERIFF'S RETURN OF SERVICE 01/05/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Stuart D. Miller, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 01/10/2011 09:22 AM - Dauphin County Return: And now January 10, 2011 at 0922 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stuart D. Miller by making known unto himself personally, at 224 N. Union Street, Middletown, Pennsylvania 17057 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/12/2011 12:23 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2011 at 1223 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kevin S. King, by making known unto himself personally, at 415 S. 3rd Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. A HALL, DEPUTY 01/12/2011 09:05 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2011 at 2105 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Delphine Cook, by making known unto herself personally, at 4606 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. TEPHEN BENDER, DEPUTY SHERIFF COST: $84.30 January 19, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF fci Gouofy5uite Shentf, ielecsoft Inc. Mtfirg Of the ?Shcrrzf William T. Tully' Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy WARD TRUCKING LLC VS STUART D MILLER Sheriff s Return No. 2011-T-0096 OTHER COUNTY NO. 201128 And now: JANUARY 10, 2011 at 9:22:00 AM served the within COMPLAINT upon STUART D MILLER by personally handing to STUART D MILLER 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 224 N. UNION STREET MIDDLETOWN PA 17057 Sworn and subscribed to before me this 13TH day of January, 2011 -)P*Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, le?41c- Sheriff of Dauphin County, Pa. By Deputy Sherif Deputy: DARIN S S EY Sheriffs Costs: $47.25 1/7/2011 'POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 WARD TRUCKING, LLC, Plaintiff, VS. DELPHINE COOK, KEVIN S. KING AND STUART D. MILLER, ;- ?,' ?a?? FHB +? GgUKjY Cttfi?$EN?g?(LVp?1A PE Attorneys for Defendant Kevin S. King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2011-28 Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant Kevin S. King on whose behalf a jury trial is hereby demanded. POST & SCHELL, P.C. 2 By: / Dated: February 4, 2011 GREGORY S. HIR ZEL, ESQUIRE MICHAEL F. SOCHA, ESQUIRE Attorneys for Defendant Kevin S. King 4 CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor Suite 331 Carlisle, PA 17015 Counsel for Plaintiff Delphine Cook 4606 Brian Road Mechanicsburg, PA 17050 Stuart D. Miller 224 N. Union Street Middletown, PA 17057 LILLY-,?k . TO S Rtl DATE: February 4, 2011 I EI. - f wr 9 iii. PROTHONO Ti{RI 2011 MAR --4 PH I : 32 CUMBERLAND COUNTY PENNSYLVANIA WARD TRUCKING LLC, Plaintiff V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-28 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT KEVIN S. KING'S NEW MATTER AND CROSS-CLAIMS NOW COMES, Plaintiff Ward Trucking, LLC by and through its attorneys Marcello & Kivisto, LLC and files this Reply to Defendant Kevin S. King's New Matter and Cross-Claims and in support thereof avers as follows: 16. Plaintiff incorporates its Complaint herein as if set forth in full. 17. Admitted. 18. Denied. The averments of said paragraph are denied as a conclusion of law to which no responsive pleading is required. 19. Denied. The averments of said paragraph are denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averments are denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e) and proof is demanded at the time of trial. 20. Denied. The averments of said paragraph are denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averments are denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e) and proof is demanded at the time of trial. 21. Denied. The averments of said paragraph are denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averments are denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e) and proof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in its favor and against Defendant Kevin S. King and award Plaintiff damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. REPLY TO DEFENDANT KEVIN S. KING'S CROSS-CLAIM PURSUANT TO Pa.R.Civ.P. 1031.1 KEVIN S. KING v. DELPHINE COOK AND STUART MILLER 22. Plaintiff incorporates paragraphs 17 through 21 of this reply and the entirety of its Complaint herein as if set forth in full. 23. Denied. The averments of said paragraph are directed to parties other than Plaintiff and therefore no responsive pleading is required. To the extent a responsive pleading is deemed required, said averments are denied as conclusions of law, denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in its favor and against Defendants and award Plaintiff damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date:j ( l By _ D as . M rcello, Esgq 7 Attorney I.D. No. 36510 Angela N. Rainey, Esq. Attorney I.D. No. 207168 Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 258-4686 Attorneys for Plaintiff WARD TRUCKING, LLC, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2011-28 DELPHINE COOK, KEVIN S. KING and CIVIL ACTION -LAW STUART D. MILLER, Defendants JURY TRIAL DEMANDED VERIFICATION I, hanal hereby verify that the averments made in the attached document are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: 4)IM&_ - Dated: 3hin WARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011-28 DELPHINE COOK, KEVIN S. KING and CIVIL ACTION -LAW STUART D. MILLER, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that Plaintiffs Reply to Defendant Kevin S. King's New Matter and Cross Claims in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 3rd day of March, 2011. Gregory S. Hirtzel, Esq. Michael F. Socha, Esq. Post & Shell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Delphine Cook 4606 Brian Road Mechanicsburg, PA 17050 Stuart D. Miller 224 N. Union Street Middletown, PA 17057 Angela N. Rainey, Esq. Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 Tr°t t.u -. r Attorney for Defendant, Delphine Cook WARD TRUCKING, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, : NO. Defendants 2011-28 20 : Civil Term CAPITAL CITY CAB SERVICE, INC. Additional Defendant NOTICE TO DEFEND t.. t `?) .t YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT 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 PEOPERTY 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 THE-TELEPHONE-OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Defendant, 717-901-5002 Delphine Cook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WARD TRUCKING, LLC, Plaintiff NO. 2011-28 V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants V. CAPITAL CITY CAB SERVICE, INC., Additional Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AGAINST ADDITIONAL DEFENDANT 1. The Plaintiff in this case is Ward Trucking, LLC, a corporation with its principal place of business located at Second Avenue and 7th Street in Altoona, Blair County, Pennsylvania. 2. The Defendant is Delphine Cook, an adult individual who resides at 4606 Bryan Road in Mechanicsburg, Cumberland County, Pennsylvania. 3. The Defendant is Kevin S. King, an adult individual who resides at 415 South 3?d Street, New Cumberland, Cumberland County, Pennsylvania. 4. The Defendant is Stuart D. Miller, an adult individual who resides at 224 North Union Street in Middletown, Dauphin County, Pennsylvania. 5. The Additional Defendant is Capitol City Cab Service, Inc., a corporation organized in doing business by virtue of the laws of the Commonwealth of Pennsylvania and regulated by the Public Utility Commission of the Commonwealth of Pennsylvania, with a business address located at 362 South Front Street in Steelton, Dauphin County, Pennsylvania. 6. At all times relevant to this Complaint and cause of action the Defendant Stuart D. Miller was the agent, servant, and employee of the Additional Defendant, Capital City Cab Service, Inc., and was operating a motor vehicle owned by the Additional Defendant as the agent, servant, and employee of Additional Defendant, or was operating the motor vehicle in a joint venture with the Additional Defendant. 7. On or about January 4, 2011, the Plaintiff, Ward Trucking, LLC, filed a Complaint at the above term and number seeking to recover for property damage caused as a result of a motor vehicle accident that occurred on May 1, 2010, on Pennsylvania Route 581 at or near its juncture with Interstate 83 South in Camp Hill Borough, Cumberland County, Pennsylvania. 8. A true and correct copy of the Complaint filed by the Plaintiff in this matter is marked as Exhibit 1, and is incorporated by reference, without admission, as if fully set forth herein. 9. Contemporaneously with the filing of this Complaint Against Additional Defendant, the Defendant, Delphine Cook has filed an Answer, New Matter, and New Matter Cross-Claim to the Plaintiff's Complaint. A true and correct copy of this pleading is marked as Exhibit 2, attached hereto, and is incorporated by reference as if fully set forth herein. 10. The Defendant Delphine Cook joins as an Additional Defendant Capital City Cab Service, Inc. and states that the injuries and damages allegedly sustained by the Plaintiff were directly and proximately caused by the negligence of the Additional Defendant, said negligence consisting of the following: a. The Defendant, Stuart D. Miller, was the agent, servant, and employee of the Additional Defendant, Capital City Cab Service, Inc., or was engaged in a joint venture with the Additional Defendant; b. The Additional Defendant had direct and proximate control over the activities of original Defendant Stuart D. Miller during the operation of the motor vehicle at the time of this accident; C. The Additional Defendant is vicariously liable for the negligence, carelessness, and recklessness of original Defendant Stuart D. Miller as is set forth in the Plaintiff's Complaint. d. The Additional Defendant permitted original Defendant Stuart D. Miller to operate its motor vehicle, a 2002 Dodge Intrepid, when it knew, or in the exercise of reasonable investigation should have known, that Defendant Stuart D. Miller would operate the motor vehicle in a negligent, careless and reckless fashion. WHEREFORE, Defendant, Delphine Cook demands that this Honorable Court enter judgment in her favor. In the alternative, Defendant Delphine Cook asks that judgment be entered in her favor and against the Additional Defendant Capital City Cab Service, Inc. and asserts her rights of indemnification and contribution against this. Additional Defendant. Date: 1. Zl, L?iJ Respectfully submitted, LAW OFFICE OF JOSEPH R. D'ANNUNZIO By: eph R. D'Annunzio, Esquire Attorney for Defendant, Delphine Cook VERIFICATION I, Delphine Cook, hereby state that I am the Defendant in this action, and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 1-iC10210M f?-bb: WARD TRUCKING, LLC, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. at)11- 2q- C16) 7G rm DELPHINE COOK, KEVIN S. KING and CIVIL ACTION - LAW STUART D. MILLER, Defendants : JURY TRIAL DEMANDED N'OTYCE You have been sued in court. if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without finther notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights import to you. YOU SHOULD TAKE THIS PAPER TO'YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER YOU LEGAL. SERVICES TO ELIGIBLE PERSONS AT A REDUED FEE OR NO FEES. Cumberland County Bar Association 34 South Bedford Street Carlisle, PA 17013 1-800-990-9I08 (717) 249-3166 TRUg COPY RRO?l RECORD In Tb9*iww tlphOW. I.here unto set my hNd WW the MM of $Wd Court ei Carlisle, Pa. ? / TMs,..?OW a 201I '?/ a- 0`N? ZA WARD TRUCKING, LLC; Plaintiff V. : IN THY; COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. DELPHM COOK, KEVIN S. KING and CIVIL ACTION- LAW STUART D. MILLER, Defendants : JURY TRIAL DEMANDED NOTICIA LE HAN DEMANDO A USTED EN LA COUTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tier viente (20) dias de plaza al partir de la fecha de la demands y la notification. Usted debe presenter una apariencia excrita o en persona o por abosado y archivar on la torte en forma escrita sus defenses o sus objeciones a las demandas en contra de tomara medidas y puede entrar una order contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petieioq de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pare usted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TUNE EL DINERO SUVICYENTE DE PAGAR TAY, SERVICIO, BAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJ'O PARA AVERIGU'AR DONDE SE PUEDE CONSEGUIR ASWENCIA LEGAL. Cumberland County Bar Association 34 South Bedford Street Carlislo, PA 17013 1-800-990-9108 (717) 249-3166 WARD TRUCKING LLC, Plaintiff V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COMES, Plaintiff Ward Trucking, LLC by and through its attorneys Marcello & Kivisto, LLC and files this Complaint and in support thereof avers as follows: 1. Plaintiff Ward Trucking, LLC is a corporation with its principal place of business located at 2"d Avenue and 7" Street, Altoona, Blair County, Pennsylvania 16603. 2. Defendant Delphine Cook is an adult individual whose last known address is 4606 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant Kevin S. King is an adult individual whose last known address is 415 S. 3`d Street, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Defendant Stuart D. Miller is an adult individual whose last known address is 224 N. Union Street, Middletown, Dauphin County, Pennsylvania 17057. 5. On or about May 1, 2010 at approximately 1:23 a.m., Plaintiffs vehicle was being given and was proceeding East on Route 581 near its I-83 South exit ramp in Camp Hill Borough, Cumberland County, Pennsylvania. 11 J_4:1Sh rrum- x ;'205/003 F-663 6. Immediately prior to Plaintiff's vehicle's arrival at said location at that (late and time, Defendants had operated their vehicles eastbound on Route 581 in Camp Hill Borough, Cumberland County in a manner that resulted in the damage to and loss of use of Plaintiff's vehicle as set forth below. Y WARD TRUCKING. LLC V. DELPHYNE COOK NEGLIGENCE 7. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint herein as if set forth in full. 8. All of Plaintiffs damages, as hereinafter alleged, were caused by the negligence, carelessness and/or recklessness of Defendant Cook in that said Defendant: a. Failed to operate her vehicle in a proper, lawful and safe manner; b. Failed to take due care with regard to the operation of her vehicle; C. Failed to obey the applicable state and/or local laws and/or regulations with regard to the operation of her vehicle; d. Operated her vehicle while intoxicated; e. Operated her vehicle in a reckless and/or inattentive manner; f. Failed to operate her vehicle within the proper lane and/or without striking the concrete barrier between the eastbound and westbound lanes of Route 581; g. Failed to operate her vehicle in a safe manner so as not to cause or result in the loss of control of her vehicle resulting in an accident involving her vehicle; h. Abandoned her vehicle in the left-hand lane of Route 581; i. Failed to warn oncoming motorists of her stopped vehicle in the left-hand lane of Route 581, including but not limited to failing to utilize her vehicle's hazard, head and tail lights; -?-.4s '206/003 F7 j. Failed to make her stopped vehicle visible and/or conspicuous to oncoming traffic; k. Failed to remove her stopped vehicle from the left-hand lane of route 581; and 1. Was otherwise negligent, careless and/or reckless under the circumstances. 9. As a result of the aforesaid carelessness, negligence and/or recklessness of Defendant Cook, Plaintiff's vehicle sustained damage and expenses in the amount of $32,478.75 and loss of use thereof. WHEREFORE, Plaintiff respectfully requests this Honorable Court award damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. COUN II WARD TRUCKING LLC Y. KE'VIN S MNG NEGLIGENCE 10. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint herein as if set forth in full. 11. All of Plaintiffs damages, as hereinafter alleged, were caused by the negligence, carelessness and/or recklessness of Defendant King in that said Defendant: a. Failed to operate his vehicle in a proper, lawful and safe manner; b. Failed to take due care with regard to the operation of his vehicle; C. Failed to operate his vehicle in a safe manner so as not to cause or result in his vehicle striking Defendant Cook's vehicle; d. Operated his vehicle too fast for conditions; e. Failed to keep a proper lookout for other vehicles on the roadway; f Operated his vehicle in a reckless and/or inattentive manner; 9. h. i. ). k. Operated his vehicle at an excessive rate of speed under the; circumstances; Failed to obey applicable state and/or local laws and/or regulations with regard to the operation of his vehicle; Operated his vehicle while intoxicated; Operated his vehicle with a $AC level of. 11; and Was otherwise negligent, careless and/or reckless under the circumstances. 12. As a result of the aforesaid carelessness, negligence and/or recklessness of Defendant King, Plaintiff's vehicle sustained damages and expenses in the amount of $32,478.75 and loss of use thereof WHEREFORE, Plaintiff respectfully requests this Honorable Court award damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiffs vehicle, and other damages, costs and expenses recoverable in this case. COUNTIII WAIW TRUCI{ING, LLC v. STUART D MILLER NXGLIGENCE 13. Plaintiff incorporates by reference the allegations set forth in the preceding paragraphs of this Complaint herein as if set forth in full. 14. All of Plaintiff's damages, as hereinafter alleged, were caused by the negligence, carelessness and/or recklessness of Defendant Miller in that said Defendant: a. Failed to operate his vehicle in a proper, lawful and safe manner; b. Failed to take due care with regard to the operation of his vehicle; C. Failed to operate his vehicle in a safe mar mer so as not to cause or result in his vehicle striking Defendant Cook's vehicle; d. Operated his vehicle too fast for conditions; e. Failed to keep a proper lookout for other vehicles on the roadway; f0 f g. h. i. Operated his vehicle in a reckless and/or inattentive manner; Operated his vehicle at an excessive rate of speed under the circumstances; Failed to obey applicable state and/or local laws and/or reg«lations with regard to the operation of his vehicle; and Was otherwise negligent, careless and/or reckless under the circumstances. 15. As a result of the aforesaid carelessness, negligence and/or recklessness of Defendant King, Plaintiffs vehicle sustained damages and expenses in the amount of $32,478.75 and loss of use thereof. WHEREFORE, Plaintiff respectfully requests this Honorable Court award damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: )JL of Y AO By: Dougl cello, Esq. Atto ey I.D. No. 36510 Angela N. Rainey, Esq. Attorney I.D. No. 207168 Mamello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 2584686 Attorneys for Plaintiff VERIFICATION I, . AfFAO el hereby verify that the averments made in the attached document are true and correct to the best of my information, imowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. By: ?s Dated: Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Defendant, 717-901-5002 Delphine Cook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WARD TRUCKING, LLC, Plaintiff NO. 2011-28 V. CIVIL ACTION - LAW DELPHINE COOK, KEVIN S. KING and JURY TRIAL DEMANDED STUART D. MILLER, Defendants NOTICE TO PLEAD TO: Ward Trucking, LLC c/o Douglas Marcello, Esquire Marcello & Kivisto, L.L.C. 1200 Walnut Bottom Road Suite 331 Carlisle, PA 17015 Attorneys for Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: By: ?. oseph R. D'Annunzio, Esquire Attorney for Defendant, Delphine Cook Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Defendant, 717-901-5002 Delphine Cook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WARD TRUCKING, LLC, Plaintiff NO. 2011-28 V. CIVIL ACTION - LAW DELPHINE COOK, KEVIN S. KING and JURY TRIAL DEMANDED STUART D. MILLER, Defendants : ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT 1. Admitted only upon information and belief. 2. Admitted. 3-4. The averments set forth in these paragraphs are addressed to parties other than the answering defendant. Accordingly, no responsive pleading is required. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that the defendant operated her motor vehicle traveling eastbound on Route 581 in Camp Hill Borough, Cumberland County, PA. It is denied that any actions on the part of the defendant resulted in damage to and foss of use of the plaintiffs vehicle, as the defendant neither caused nor contributed to any damages to the plaintiff's vehicle. COUNTI WARD TRUCKING v. DELPHINE COOK 7. The answers to paragraphs 1 through 6 are incorporated by reference as if fully set forth herein. 8. The averments set forth in paragraph 8 are denied as conclusions of law to which no responsive pleading is required. Strict proof of each of the allegations is demanded at trial. 9. Denied that defendant Delphine Cook was negligent, careless, or reckless. To the contrary, the defendant exercised due and reasonable care in the operation of her motor vehicle. Accordingly, it is denied that the defendant caused or contributed to any damage or expenses that are set forth in this paragraph. WHEREFORE, Defendant, Delphine Cook demands that judgment be entered in her favor. COUNT II WARD TRUCKING v. KEVIN S. KING 10. The answers to paragraphs 1 through 9 are incorporated by reference as if fully set forth herein. 11. The averments set forth in this paragraph are addressed to a party other than the answering defendant. Accordingly, no responsive pleading is required. 12. The averments set forth in this paragraph are addressed to a party other than the answering defendant. Accordingly, no responsive pleading is required. WHEREFORE, Defendant, Delphine Cook demands that judgment be entered in her favor. COUNT III WARD TRUCKING v. STUART D. MILLER 13. The answers to paragraphs 1 through 12 are incorporated by reference as if fully set forth herein. 14. The averments set forth in this paragraph are addressed to a party other than the answering defendant. Accordingly, no responsive pleading is required. 15. The averments set forth in this paragraph are addressed to a party other than the answering defendant. Accordingly, no responsive pleading is required. WHEREFORE, Defendant, Delphine Cook demands that judgment be entered in her favor. NEW MATTER 16. The answers contained in paragraphs 1 through 15 hereof are incorporated herein by reference as if set forth in their entirety. 17. The Plaintiffs claims are barred and/or limited by his comparative negligence which was a substantial factor in causing this accident. 18. If it should be found that there was any negligence on the part of Defendant, which is denied, then in that event any such negligence was not a substantial factor nor factual cause of Plaintiffs alleged injuries. WHEREFORE, Defendant, Delphine Cook demands that judgment be entered in herfavor. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: By: 44 Joseph R. D'Annunzio, Esquire Attorney for Defendant, Delphine Cook VERIFICATION I, Delphine Cook, hereby state that I am the Defendant in this action, and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ?? CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Douglas Marcello, Esquire Marcello & Kivisto, L.L.C. 1200 Walnut Bottom Road Suite 331 Carlisle, PA 17015 Date: 3-6- L Rox nne Weller I. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Douglas Marcello, Esquire Marcello & Kivisto, L.L.C. 1200 Walnut Bottom Road Suite 331 Carlisle, PA 17015 Gregory S. Hirtzel, Esquire Post & Schell, P.C. 1857 William Penn Way P O Box 10248 Lancaster, PA 17605 Attorney for Kevin S. King Date: 3-19-t? Capital City Cab Service, Inc. 362 South Front Street Steelton, PA 17113 Stuart D. Miller 224 North Union Street Middletown, PA Rox nne Weller r Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Defendant, 717-901-5002 Delphine Cook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WARD TRUCKING, LLC, Plaintiff NO. 2011-28 V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Ward Trucking, LLC c/o Douglas Marcello, Esquire Marcello & Kivisto, L.L.C. 1200 Walnut Bottom Road Suite 331 Carlisle, PA 17015 Attorneys for Plaintiff .f U1 .mot 7 cz r.? -? a 00 7 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. LAW OFFICE OF JOSEPH R. D'ANNUNZIO rl Date: 4 By: ?J oseph R. D'Annunzio, Esquire Attorney for Defendant, Delphine Cook Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Attorney for Defendant, 717-901-5002 Delphine Cook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WARD TRUCKING, LLC, Plaintiff NO. 2011-28 V. CIVIL ACTION - LAW DELPHINE COOK, KEVIN S. KING and JURY TRIAL DEMANDED STUART D. MILLER, Defendants ANSWER AND NEW MATTER OF DEFENDANT TO PLAINTIFFS' COMPLAINT 1. Admitted only upon information and belief. 2. Admitted. 3-4. The averments set forth in these paragraphs are addressed to parties other than the answering defendant. Accordingly, no responsive pleading is required. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that the defendant operated her motor vehicle traveling eastbound on Route 581 in Camp Hill Borough, Cumberland County, PA. It is denied that any actions on the part of the defendant resulted in damage to and loss of use of the plaintiff's vehicle, as the defendant neither caused nor contributed to any damages to the plaintiff's vehicle. r- COUNT I WARD TRUCKING v. DELPHINE COOK 7. The answers to paragraphs 1 through 6 are incorporated by reference as if fully set forth herein. 8. The averments set forth in paragraph 8 are denied as conclusions of law to which no responsive pleading is required. Strict proof of each of the allegations is demanded at trial. 9. Denied that defendant Delphine Cook was negligent, careless, or reckless. To the contrary, the defendant exercised due and reasonable care in the operation of her motor vehicle. Accordingly, it is denied that the defendant caused or contributed to any damage or expenses that are set forth in this paragraph. WHEREFORE, Defendant, Delphine Cook demands that judgment be entered in her favor. COUNT II WARD TRUCKING v. KEVIN S. KING 10. The answers to paragraphs 1 through 9 are incorporated by reference as if fully set forth herein. 11. The averments set forth in this paragraph are addressed to a party other than the answering defendant. Accordingly, no responsive pleading is required. 12. The averments set forth in this paragraph are addressed to a party other than the answering defendant. Accordingly, no responsive pleading is required. WHEREFORE, Defendant, Delphine Cook demands that judgment be entered in her favor. r COUNT III WARD TRUCKING v. STUART D. MILLER 13. The answers to paragraphs 1 through 12 are incorporated by reference as if fully set forth herein. 14. The averments set forth in this paragraph are addressed to a party other than the answering defendant. Accordingly, no responsive pleading is required. 15. The averments set forth in this paragraph are addressed to a party other than the answering defendant. Accordingly, no responsive pleading is required. WHEREFORE, Defendant, Delphine Cook demands that judgment be entered in her favor. NEW MATTER 16. The answers contained in paragraphs 1 through 15 hereof are incorporated herein by reference as if set forth in their entirety. 17. The Plaintiff's claims are barred and/or limited by his comparative negligence which was a substantial factor in causing this accident. 18. If it should be found that there was any negligence on the part of Defendant, which is denied, then in that event any such negligence was not a substantial factor nor factual cause of Plaintiff's alleged injuries. WHEREFORE, Defendant, Delphine Cook demands that judgment be entered in her favor. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Date: By. Joseph R. D'Annunzio, Esquire Attorney for Defendant, Delphine Cook VERIFICATION I, Delphine Cook, hereby state that I am the Defendant in this action, and verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Douglas Marcello, Esquire Marcello & Kivisto, L.L.C. 1200 Walnut Bottom Road Suite 331 Carlisle, PA 17015 Date: 3 _ ?- Rox nne Weller SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of Goo Jody S Smith ?ttitr #Chief Deputy a p R, 21 N-rI,, Richard W Stewart Solicitor Ward Trucking, LLC vs. Case Number Stuart D. Miller (et al.) 2011-28 SHERIFF'S RETURN OF SERVICE 03/08/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Capital Cab Service, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint Against Additional Defendant according to law. 03/14/2011 09:35 AM - Dauphin County Return: And now March 14, 2011 at 0935 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Capital Cab Service, Inc. by making known unto Charles Carr, Dispatcher for Capital Cab Service, Inc. at 362 S. Front Street, Steelton, Pennsylvania 17113 its contents and at the same time handing to him personally the said true and correct copy of the same. SO ANSWERS, 2c--- March 18, 2011 RON R ANDERSON, SHERIFF ld, CouniySuite Snenff Teleosc?t. Inr. cntfirt of the':*11erruit William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin WARD TRUCKING LLC VS CAPITAL CAB SERVICE INC. Sheriff s Return No. 2011-T-1127 OTHER COUNTY NO. 201128 And now: MARCH 14, 2011 at 9:35:00 AM served the within COMPLAINT upon CAPITAL CAB SERVICE INC. by personally handing to CHARLES CARR 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 362 S FRONT STREET STEELTON PA 17113 DISPATCHER Sworn and subscribed to before me this 16TH day of March, 2011 -XPA COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, '?41c- Sheriff of Dauphin County, Pa. Deputy She?if Deputy: M SWEIGART Sheriffs Costs: $47.25 3/11/2011 011 0 FILED-OFFICE OF THE PRQTHONOTr RY 2011 MAR 25 PM 12' 07 CIl PENN YLVA A`T'f WARD TRUCKING; LLC, Plaintiff V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants V. CAPITAL CITY CAB SERVICE, INC., Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-28 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT DELPHINE COOK'S NEW MATTER NOW COMES, Plaintiff Ward Trucking, LLC by and through its attorneys Marcello & Kivisto, LLC and files this Reply to Defendant Delphine Cook's New Matter and Cross-Claims and in support thereof avers as follows: 16. Plaintiff incorporates its Complaint herein as if set forth in full. 17. Denied. The averments of said paragraph are denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averments are denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e) and proof is demanded at the time of trial. 18. Denied. The averments of said paragraph are denied as a conclusion of law to which no responsive pleading is required. To the extent a responsive pleading is deemed k required, said averments are denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e) and proof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in its favor and against Defendants and award Plaintiff damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: 3 ?'4 1 By: ? Dou s B cello, Esq. Attorney I.D. No. 36510 Angela N. Rainey, Esq. Attorney I.D. No. 207168 Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 258-4686 Attorneys for Plaintiff i WARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011-28 DELPHINE COOK, KEVIN S. KING and CIVIL ACTION -LAW STUART D. MILLER, Defendants JURY TRIAL DEMANDED VERIFICATION I, ???e 1 S . ??11tr1 hereby verify that the averments made in Plaintiffs Reply to Defendant Delphine Cook's New Matter are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Dated: -3/24111 l WARD TRUCKING, LLC, Plaintiff V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants V. CAPITAL CITY CAB SERVICE, INC., Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-28 CIVIL ACTION -LAW : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that .Plaintiffs Reply to Defendant Delphine Cook's New Matter in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 24th day of March, 2011. Gregory S. Hirtzel, Esq. Michael F. Socha, Esq. Post & Shell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Joseph R. D'Annunzio, Esq. 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Stuart D. Miller 224 N. Union Street Middletown, PA 17057 Capital City Cab Service, Inc. 362 South Front Street Steelton, PA 17113 aa;? gA? Angela IN. Rainey, Esq. Joseph R. D'Annunzio, Esquire I.D. No. 23384 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 717-901-5002 WARD TRUCKING, LLC, Attorney for Defendant, Delphine Cook IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2011-28 CIVIL ACTION - LAW C') C N fti ern -?v rn- DELPHINE COOK, KEVIN S. KING and JURY TRIAL DEMANDED =M -,r-- STUART D. MILLER, r-? Defendants < c -v PRAECIPE TO ENTER APPEARANCE zA? (v °,`,-,3 THE PROTHONOTARY `< TO . Kindly enter my appearance on behalf of Defendant, Delphine Cook, in the above-captioned matter. LAW OFFICE OF JOSEPH R. D'ANNUNZIO Dater.: f 1 a Z??? BY:?& t? ',' Joseph R. D'Annunzio, Esquire Attorney for Defendant, Delphine Cook CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day served a true and correct copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Douglas Marcello, Esquire Marcello & Kivisto, L.L.C. 1200 Walnut Bottom Road Suite 331 Carlisle, PA 17015 Date: q-1-11 By: 9 R(oxanne Weller GERSTEIN GRAYSON & COHEN, LLP BY: Brandon G. Johnson, Esquire Attorney ID: 65577 1288 Route 73 South Suite 301 Mt. Laurel, New Jersey 08054 (856) 795-6700 WARD TRUCKING, LLC Plaintiff V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER Defendants CAPITAL CITY CAB SERVICE, INC. Additional Defendant Attorney for Defendants Stuart D. Miller and Capital City Cab Service, Inc. CUMBERLAND COUNTY COURT OF COMMON PLEA VC0 x. s-n CIVIL ACTION - 2011-28 ?? ,?.. .. CD -71 zo 5z . ?c) cz) . cn -< PRACEIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants Stuart D. Miller and Capital City Cab Service, Inc. BRANDON SO ESQUIRE Attorney for Defendants Stuart D. Miller and Capital City Cab Service, Inc. GERSTEIN GRAYSON & COHEN, LLP BY: Brandon G. Johnson, Esquire Attorney ID: 65577 1288 Route 73 South Suite 301 Mt. Laurel, New Jersey 08054 (856) 795-6700 WARD TRUCKING, LLC V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER V. CAPITAL CITY CAB SERVICE, INC. Attorney for Defendant Stuart D. Miller and Additional Defendant Capital City Cab Service, Inc. c a -ate = rn ? rn CUMBERLAND COUNTY -, -of- COURT COURT OF COMMON PLEA& ? NO. 2011-28 r y -- _ CIVIL ACTION - LAW DEFENDANT STUART D. MILLER'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIM PURSUANT TO PA.R.C.P. 1031.1., DIRECTED TO DEFENDANTS DELPHINE COOK AND KEVIN S. KING 1. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. The averments are therefore denied. 2. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. The averments are therefore denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. The averments are therefore denied. 4. Admitted. 5. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. The averments are therefore denied. 6. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. The averments are therefore denied. Further, it is specifically denied that Answering Defendant operated his vehicle in a manner that resulted in damage to Plaintiffs vehicle. COUNTI 7. Answering Defendant incorporates by reference Defendant's answers to paragraphs 1 through 6 above. 8. The averments of this paragraph are directed to a Defendant other than Answering Defendant and therefore no response is required. To the extent an averment may be deemed directed to Answering Defendant, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 9. The averments of this paragraph are directed to a Defendant other than Answering Defendant and therefore no response is required. To the extent an averment may be deemed directed to Answering Defendant, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. WHEREFORE, Answering Defendant denies any and all liability to Plaintiff and demands that Plaintiffs Complaint be dismissed with prejudice, or in the alternative, that judgment be entered in Defendant's favor along with the cost of defense, including attorneys' fees and interest, and any other relief deemed appropriate by the Court. COUNT II 10. Answering Defendant incorporates by reference Defendant's answers to paragraphs 1 through 9 above. 11. The averments of this paragraph are directed to a Defendant other than Answering Defendant and therefore no response is required. To the extent an averment may be deemed directed to Answering Defendant, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 12. The averments of this paragraph are directed to a Defendant other than Answering Defendant and therefore no response is required. To the extent an averment may be deemed directed to Answering Defendant, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. WHEREFORE, Answering Defendant denies any and all liability to Plaintiff and demands that Plaintiff s Complaint be dismissed with prejudice, or in the alternative, that judgment be entered in Defendant's favor along with the cost of defense, including attorneys' fees and interest, and any other relief deemed appropriate by the Court. COUNT III 13. Answering Defendant incorporates by reference Defendant's answers to paragraphs 1 through 12 above. 14. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed required, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. Answering Defendant specifically denies all allegations of negligence, carelessness, and recklessness. 15. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response may be deemed required, after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments. Answering Defendant specifically denies all allegations of negligence, carelessness, and recklessness. Answering Defendant demands strict proof of all injuries and/or damages alleged by Plaintiff. WHEREFORE, Answering Defendant denies any and all liability to Plaintiff and demands that Plaintiffs Complaint be dismissed with prejudice, or in the alternative, that judgment be entered in Defendant's favor along with the cost of defense, including attorneys' fees and interest, and any other relief deemed appropriate by the Court. NEW MATTER DIRECTED TO PLAINTIFF 16. No act or omission attributable to Answering Defendant caused or was a substantial factor in causing any injuries, damages or losses of which Plaintiff complains. 17. Plaintiff suffered no compensable injuries, damages or losses as a result of the accident described in Plaintiffs Complaint. 18. Plaintiff suffered no compensable injuries, damages or losses for which Answering Defendant can be liable. 19. Some or all of Plaintiffs alleged injuries, damages or losses are barred by the comparative and/or contributory negligence of Plaintiff and/or Plaintiffs agent, employee, workman or servant. 20. If Plaintiff suffered injuries, damages or losses as alleged in Plaintiffs Complaint, which are denied, then said injuries, damages or losses were caused by the acts and/or omissions of parties other than Answering Defendants. 21. Plaintiffs claims may be barred or limited by the doctrine of res judicata. 22. Plaintiffs claims may be barred or limited by the statute of limitations. 23. Plaintiffs claims may be barred or limited by the doctrine of laches. 24. Plaintiff s claims may be barred or limited by a release. 25. Plaintiffs claims are subject to the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 26. Plaintiff and/or Plaintiffs agent, employee, workman or servant, was negligent in failing to travel at a speed which would allow for an assured clear distance in which to avoid a collision with a vehicle stopped on the roadway. WHEREFORE, Answering Defendant denies any and all liability to Plaintiff and demands that Plaintiffs Complaint be dismissed with prejudice, or in the alternative, that judgment be entered in Defendant's favor along with the cost of defense, including attorneys' fees and interest, and any other relief deemed appropriate by the Court. DEFENDANT STUART D. MILLER'S NEW MATTER CROSSCLAIM PURSUANT TO PA.R.C.P. 1031.1., DIRECTED TO DEFENDANTS DELPHINE COOK AND KEVIN S. KING 27. Defendant incorporates by reference the allegations of Plaintiffs Complaint while denying same. 28. If any of the allegations in Plaintiff's Complaint are proven to be true, all of which are specifically denied, then it is averred that Defendants Delphine Cook and Kevin S. King, are solely liable, jointly and/or severally liable, or liable over to Defendant Stuart D. Miller, for indemnity and/or contribution, including attorney's fees and costs. WHEREFORE, Defendant Stuart D. Miller, denies any and all liability to Plaintiff and avers that in the event judgment is entered in favor of Plaintiff and against Defendant, said possibility being specifically denied, then judgment be entered in favor of Defendant and against Defendants Delphine Cook and Kevin S. King, together with attorney's fees and costs, on the crossclaim. BRANDON G. JOHN SQUIRE Attorney for Defendant Stuart D. Miller and Additional Defendant Capital City Cab Service, Inc. VERIFICATION I, BRANDON G. JOHNSON, ESQUIRE, verify that the statements made in the foregoing Answer to Plaintiff s Complaint with New Matter and New Matter Crossclaim, are true and correct to the best of my knowledge, information and belief. I further verify that I am authorized to make this Verification on behalf of Defendant, in the capacity of Defendant's attorney, and for the reason that Defendant's Verification cannot be obtained within the required pleading period. I understand that false statements herein made are subject to penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. BRANDON G. JO UIRE DATED: April 11, 2011 CERTIFICATION OF SERVICE I do hereby certify that service of a true and correct copy of the foregoing Answer to Plaintiff's Complaint was made on this 12th day of April, 2011, upon the individual(s) listed below, by first-class mail, postage pre-paid. Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Attorney for Plaintiff Joseph R. D'Annunzio, Esquire 4309 Linglestown Road, Suite 221 Harrisburg, PA 17112 Attorney for Defendant Delphine Cook Gregory S. Hirtzel, Esquire Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Attorney for Defendant Kevin S. King GERSTEIN GRAYSON & COHEN, LLP Johnson, nnie Strang Le al Secretary to Brandon Esq. POST & SCHELL, P.C. BY: G GORY S. HIRTZEL, ESQUIRE E-MAIL ghirtzel@postschell.com I.D. # 56 027 BY: MIC HAEL F. SOCHA, ESQUIRE E-MAIL msocha@postschell.com I.D. # 2 988 1857 WI LLIAM PENN WAY P.O. BO 10248 LANCA STER, PA 17605-0248 717-291 WARD LLC, Plaintiff, VS. DELPHINE COOK, KEVIN S. KING and STUAR D. MILLER, Defendants, CAPITAL CITY CAB SERVICE, INC., Additional Defendant FILED s HE PR TH C? 20II APP 25 PM 3: 29 CUMBERLAND G6U, ? ?' PENNSYLVA1,111A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2011-28 DEFENDANT KEVIN S. KING'S REPLY TO CROSSCLAIM OF DEFENDANT STUART D. MILLER PURSUANT TO PA.R.C.P. 1031.1 efendant, Kevin S. King, by and through his attorneys, Post & Schell, P.C. hereby files the folldwing Reply to the Crossclaim of Defendant Stuart D. Miller and, in support thereof, avers as itonows: Answering Defendant's Answer, New Matter and Crossclaim to Plaintiff's t is incorporated herein as if fully set forth. 8. Denied as a legal conclusion to which no response is necessary. By way of further it is specifically denied that Answering Defendant is jointly liable, jointly and/or liable and/or liable over to Defendant Stuart D. Miller for indemnity and/or Defendant, Kevin S. King respectfully request that this Honorable Court enter judgment in his favor and against all other parties. In the alternative Answering Defendant respect lly request that Defendants Delphine Cook and/or Stuart D. Miller be held alone liable to Plaint ff, jointly and severally liable to Plaintiff or liable over to Answering Defendant for and/or indemnity. Dated: ) POST & SCHELL, P.G., i' By: 21, 2011 GREGORY S. HIRTZEf,, ESQUIRE MICHAEL F. SOCHA, ESQUIRE Attorneys for Defendant Kevin S. King 2 . that I Deli CERTIFICATE OF SERVICE Lilly A. Torres, an employee of the law offices of Post `& Schell, P.C do hereby certify xsed a true and correct copy of the foregoing document(s) to be served upon the designated person(s) by placing the same in the United States Mail, First Class on the date set forth below. Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor Suite 331 Carlisle, PA 17015 Counsel for Plaintiff Joseph R. D'Annunzio, Esquire Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 Counsel for Defendant Delphine Cook Brandon G. Johnson, Esquire Gerstein, Grayson & Cohen, LLP 1288 Route 73 South Suite 301 Mount Laurel, NJ 08054 Counsel for Defendants Stuart D. Miller and Capital City Cab Service, Inc. c LILLY A. TORRE DATE:, 21, 2011 QLA ilOE ^'trrri`? e. y y -? r - CUMBERLANa , WARD TRUCKING LLC Plaintiff V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants V. CAPITAL CITY CAB SERVICE, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-28 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANT STUART D. MILLER'S NEW MATTER AND NEW MATTER CROSSCLAIM NOW COMES, Plaintiff, Ward Trucking, LLC, by and through its Attorneys,. MARCELLO & KIVISTO, LLC, and replies to Defendant Miller's New Matter and New Matter Crossclaim and in support thereof avers as follows: 16. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). 17. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). By way of further response, Plaintiff incorporates its Complaint herein as if set forth in full. 18. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). By way of further response, Plaintiff incorporates its Complaint herein as if set forth in full. 19. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). 20. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). 21. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). 22. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). 23. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). 24. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). 25. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). 26. Denied. The averments of said paragraph are conclusions of law to which no responsive pleading is required. To the extent a responsive pleading is deemed required, said averment is denied as stated and pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in its favor and against Defendants and Additional Defendant and award Plaintiff damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. REPLY TO NEW MATTER CROSSCLAIM 27. Plaintiff incorporates its Complaint herein by reference as if set forth in full. 28. Denied. The averments of said paragraph are directed to parties other than Plaintiff and therefore no responsive pleading is required. To the extent a responsive pleading is deemed required, said averments are denied as conclusions of law, denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in its favor and against Defendants and Additional Defendant and award Plaintiff damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: BY. _,- 2---5?4 Dou;,kfi B. Marcello, Esq. Attorney I.D. No. 36510 Angela N. Rainey, Esq. Attorney I.D. No. 207168 Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 258-4686 Attorneys for Plaintiff VERIFICATION 1, )?Nanwl S - 1? _ hereby verify that the averments made in the attached document are true and correct to the best of my information, knowledge and belief based upon the information available. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Dated:_ 1-111'8 J It _ WARD TRUCKING, LLC IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-28 DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants : CIVIL ACTION - LAW V. CAPITAL CITY CAB SERVICE, Additional Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that Plaintiffs Reply to Defendant Stuart D. Miller's New Matter and New Matter Crossclaim in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the -- day of 2011. Gregory S. Hirtzel, Esq. Michael F. Socha, Esq. Post & Shell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Joseph R. D'Annunzio, Esq. 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Brandon G. Johnson, Esq. Gerstein Grayson & Cohen, LLP 1288 Route 73 South Suite 301 Mount Laurel, New Jersey 08054 ( 2a;q rz Angela . Rainey, Esq. ?nnowo TAB`S r1 2?t1 J'?N-8 ?M11? 46 CuMBERLASD COUST'Y p?SSSYLyASiA WARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011-28 DELPHINE COOK, KEVIN S. KING and CIVIL ACTION -LAW STUART D. MILLER, Defendants : JURY TRIAL DEMANDED V. CAPITAL CITY CAB SERVICE, INC., Additional Defendants PLAINTIFF'S REPLY TO DEFENDANT KEVIN S. KING'S CROSS CLAIM TO CAPITAL CITY CAB SERVICE. INC.' NOW COMES, Plaintiff Ward Trucking, LLC by and through its attorneys Marcello & Kivisto, LLC and files this Reply to Defendant Kevin S. King's Cross-Claim Pursuant to Pa.R.Civ.P. 1031.1 to Additional Defendant Capital City Cab Service, Inc. and in support thereof avers as follows: 1. Plaintiff incorporates its Complaint herein as if set forth in full. 2. Denied. The averments of said paragraph are directed to parties other than Plaintiff and therefore no responsive pleading is required. To the extent a responsive pleading is deemed required, said averments are denied as conclusions of law, denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in its favor and against Defendants and Additional Defendant and award Plaintiff damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: G (W o By: Doug B. arcello, Esq. Attorney I.D. No. 36510 Angela N. Rainey, Esq. Attorney I.D. No. 207168 Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 258-4686 Attorneys for Plaintiff WARD TRUCKING, LLC : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-28 DELPHINE COOK, KEVIN S. KING and: STUART D. MILLER, Defendants V. : CIVIL ACTION - LAW CAPITAL CITY CAB SERVICE, Additional Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that Plaintiffs Reply to Defendant Kevin S. King's Cross Claim to Capital City Cab Service, Inc. in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 7th day of June, 2011. Gregory S. Hirtzel, Esq. Michael F. Socha, Esq. Post & Shell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Joseph R. D'Annunzio, Esq. 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Brandon G. Johnson, Esq. Gerstein Grayson & Cohen, LLP 1288 Route 73 South Suite 301 Mount Laurel, New Jersey 08054 Angela N. Rainey, Esq. ILEO-OFFICE t:,F I HE PROTHONOTARY 2011 JUN -8 AM 11: 46 'CUMBERLAND COUNTY PENNSYLVANIA WARD TRUCKING LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011-28 DELPHINE COOK, KEVIN S. KING and CIVIL ACTION -LAW STUART D. MILLER, Defendants JURY TRIAL DEMANDED V. CAPITAL CITY CAB SERVICE, INC., Additional Defendants PLAINTIFF'S REPLY TO ADDITIONAL DEFENDANT CAPITAL CITY CAB SERVICE. INC.'S NEW MATTER AND NEW MATTER CROSSCLAIM PURSUANT TO Pa.R.Civ.P. 1031.1 NOW COMES, Plaintiff Ward Trucking, LLC by and through its attorneys Marcello & Kivisto, LLC and files this Reply to Additional Defendant Capital City Cab Service, Inc.'s New Matter and New Matter Crossclaim Pursuant to Pa.R.Civ.P. 1031.1 and in support thereof avers as follows: REPLY TO NEW MATTER 1 I - 21. Denied. The averments of said paragraph are directed to parties other than Plaintiff and therefore no responsive pleading is required. To the extent a responsive pleading is deemed required, said averments are denied as conclusions of law, denied as stated and denied pursuant to Pa,R.Civ.P. 1029(e). Proof is demanded at the time of trial. I. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in its favor and against Defendants and Additional Defendant and award Plaintiff damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. REPLY TO ADDITIONAL DEFENDANT CAPITAL CITY CAB SERVICE, INC.'S NEW MATTER CROSSCLAIM PURSUANT TO Pa.R.Civ.P. 1031.1 22. Plaintiff incorporates its Complaint by reference herein as if set forth in full. 23. Denied. The averments of said paragraph are directed to parties other than Plaintiff and therefore no responsive pleading is required. To the extent a responsive pleading is deemed required, said averments are denied as conclusions of law, denied as stated and denied pursuant to Pa.R.Civ.P. 1029(e). Proof is demanded at the time of trial. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a judgment in its favor and against Defendants and Additional Defendant and award Plaintiff damages and expenses in the amount of $32,478.75 and damages for loss of use of Plaintiff's vehicle, and other damages, costs and expenses recoverable in this case. Respectfully Submitted, MARCELLO & KIV LC Date: By: Doug as B. M llo, Es Attorney I.D. o. 3651 Angela N. Rainey, Esq. Attorney I.D. No. 207168 Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 Attorneys for Plaintiff WARD TRUCKING, LLC Plaintiff V. DELPHINE COOK, KEVIN S. KING and: STUART D. MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-28 : CIVIL ACTION - LAW V. CAPITAL CITY CAB SERVICE, Additional Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that Plaintiffs Reply to Additional Defendant Capital City Cab Service, Inc.'s New Matter and New Matter Crossclaim Pursuant to Pa.R.Civ.P. 1031.1 in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 7th day of June, 2011. Gregory S. Hirtzel, Esq. Michael F. Socha, Esq. Post & Shell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Joseph R. D'Annunzio, Esq. 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Brandon G. Johnson, Esq. Gerstein Grayson & Cohen, LLP 1288 Route 73 South Suite 301 Mount Laurel, New Jersey 08054 Angela N. Rainey, Esq. ALPERSTEIN & ASSOCIATES, LLC BY: DAVID R. ALPERSTEIN, ESQUIRE Attorney ID#: 86798 1515 Market Street Suite 802 Philadelphia, PA 19102 (215) 710-0690 WARD TRUCKING, LLC Plaintiff(s) VS. DELPHINE COOK, KEVIN S. KING, STUART D. MILLER and CAPITAL CAB SERVICE, INC. F!F THE PROHO TARY 2011 NOY 21 PM 2: 55 Attorney feohft?? NTY Capital Cab SpMrS Aj A Stuart D. Miller COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2011-28 Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendants, Capital Cab Service, Inc. and Stuart D. Miller, in the above referenced matter. ALPERSTEIN & ASSOCIATES, LLC BY: D R. ALPERSTEI E UIRE Attorney for Defendants Capital Cab Service, Inc. and Stuart D. Miller Dated: 11/16/11 ;I POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 WARD TRUCKING, LLC, Plaintiff, vs. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants, CAPITAL CITY CAB SERVICE, INC., Additional Defendant 4L iJ- k r i l DEC 16 PH 1. 2' C-UMBERLANi C E i 'a" PENNSYLVANIA Attorneys for Defendant Kevin S. King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2011-28 Defendant, Kevin S. King, (hereinafter "Moving Defendant"), by and through his attorneys, Post & Schell P.C., hereby files the following Motion to Compel Plaintiff's Answers to Interrogatories and Request for Production of Documents and Supplemental Interrogatories (Set II) and Request for Production of Documents (Set II) and avers as follows: 1. Plaintiff initiated the above-captioned matter by filing a Complaint on January 4, 2011. 2. Moving Defendant subsequently filed an Answer, New Matter and Cross-claim on February 16, 2011. 3. On March 22, 2011, Moving Defendant served Plaintiff with Interrogatories and Request for Production of Documents. True and correct copies of Moving Defendant's Interrogatories Request for Production of Documents Directed to Plaintiff are attached collectively hereto as Exhibit "A". 4. Plaintiff served objections to said discovery on or about April 18, 2011 but failed to otherwise respond to said discovery requests within the thirty (30) days provided by the Pennsylvania Rules of Civil Procedure. See Plaintiff's Objections, attached hereto as Exhibit "B"' 5. Moving Defendant subsequently served Plaintiff with Supplemental Interrogatories (Set II) and Request for Production of Documents (Set II) on or about September 9, 2011. True and correct copies of Defendant's Supplemental Interrogatories and Request for Production of Documents Directed to Plaintiff are attached collectively hereto as Exhibit "C". 6. Via correspondence dated September 9, 2011, undersigned counsel requested responses to the aforementioned original discovery and further requested timely responses to the supplemental discovery. See Correspondence attached hereto and marked as Exhibit "D". 7. To date, Plaintiff has not supplied answers to Moving Defendant's discovery requests. Pa.R.C.P. 4006(a)(2) provides the answering party with thirty (30) days after service of interrogatories in which to respond. See McGovern v. Serv. Ass'n of Notheastern Pa., 785 A.2d 1012 (Pa. Super. 2001). 9. Pa.R.C.P. 4009.12 requires that requests for production of documents be answered within thirty (30) days after service. See Id. 2 10. Pa.R.C.P. 4019(a) authorizes this Honorable Court to enter an appropriate order concerning discovery if a party fails to timely serve answers to discovery requests. Croydon Plastics Co. v. Lower Bucks Cooling and Heating, 698 A.2d 625 (Pa. Super. 1997). 11. Because Plaintiff has failed to serve answers to Moving Defendant's discovery requests, he must be ordered to do so. 12. This discovery is essential to the Moving Defendant's preparation of its defense. 13. Clearly, without Plaintiff's discovery responses, Moving Defendant cannot properly prepare its defense to Plaintiff's claims. Certification of Non-Concurrence Pursuant to Local Rule 208.3(a)(9) 14. Undersigned counsel hereby certifies that he has sought concurrence from Plaintiff's attorney and that concurrence in the Motion has been denied. WHEREFORE, Defendant, Kevin S. King, respectfully requests that this Honorable Court issue the attached Order compelling Plaintiff to provide full and complete answers to Defendant's Interrogatories and Request for Production of Documents and Supplemental Interrogatories (Set II) and Request for Production of Documents (Set II) within twenty (20) days, or suffer appropriate sanctions upon further motion to the Court. POST & SCHELL, P.C. By: 2?? Dated: December 15, 2011 GREGORY S. IRTZEL, ESQUII MICHAEL F. SOCHA, ESQUIRE Attorneys for Defendant Kevin S. King EXI E5 %I POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 WARD TRUCKING, LLC, VS. Plaintiff, DELPHINE COOK, KEVIN S. KING AND STUART D. MILLER, Defendants. Attorneys for Defendant Kevin S. King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2011-28 DEFENDANT KEVIN S. KING'S INTERROGATORIES DIRECTED TO PLAINTIFF WARD TRUCKING, LLC PLEASE BE ADVISED that you are required, pursuant to Pa. R.C.P. Nos. 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUCTIONS 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); (1) 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; (2) 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; (3) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (4) 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 government agency. "You and "your" shall be deemed to mean and refer to the party to whom these interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested is not privileged. 2 4 11 Standard Instruction. 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 answer, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim or 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 referenced to the corresponding interrogatories. 3 c ?I INTERROGATORIES 1. Please state: A. The present legal name of the Plaintiff; B. All prior names of the Plaintiff, C. The date in which Plaintiff became a legal entity; D. The present principal place of business of Plaintiff; and E. All trade or other names under which Plaintiff presently does business. ANSWER: 2. Please identify the individual answering these Interrogatories on behalf of the Plaintiff with the following: A. Your full name, address, and telephone number; B. Any other names you have used or been known by; and C. Your job title and the name of your employer. ANSWER: 4 4 3. ANSWER: 4. Please identify the following with respect to the individual who operated the vehicle on behalf of Plaintiff on May 1, 2010 as described in your Complaint: A. His/her full name, address and telephone number at present and at the time of the accident; Have you ever filed for bankruptcy? If so, state for each such filing: A. The date of filing and the name and location of the Court; and B. The present status of the suit. B. His/her date of birth; C. Any other names used/known by this individual; and D. The individual's current job title/employer and job title/employer at the time of the accident. ANSWER: 5 t 5. If at the time of the alleged accident, you or your operator possessed a valid license to operate a motor vehicle, state: A. The Commonwealth or State issuing it: B. The issuance date and expiration date; C. The operator's number of such license; D. The nature of any restriction(s) on said license; and E. Whether said license has ever been revoked or suspended. If your answer is in the affirmative, identify when, where and by whom it was suspended or revoked, the reason(s) for such suspension or revocation, the period of such suspension or revocation and whether such suspension or revocation was lifted and if so, when. ANSWER: 6. Please identify the name, address, employer and job title of all persons known to Plaintiff or anyone acting on Plaintiffs behalf who: A. Witnessed any part of the incident described in your Complaint; B. Were present at or near the scene at the time of the incident; C. Have any information or knowledge concerning the facts, events, circumstances, conditions and occurrences surrounding the happening of the incident; D. For each person listed in A-C above, please state their exact location, point of observation and activity, if any, at the time of the incident; and E. If, at the time of the incident, or subsequent thereto, any of the persons listed above were or are relatives, acquaintances, agents, employers, employees or representatives of any party to-this action, state the nature of such association as to each person. ANSWER: 6 h 7. Has Plaintiff or anyone on your behalf conducted any investigations of the casualty, incident or occurrence that is the subject matter of your Complaint? If your answer is in the affirmative, identify: A. Each person and the employer of each person who conducted any investigation; B. The date(s) of the investigation(s); C. All notes, reports, or other documents prepared during or as a result of the investigation and the identity of the persons who have possession thereof; and D. Please provide a copy of all such reports, documents, and/or the contents of any investigative file concerning this matter. ANSWER: 8. Please identify all fact witnesses who Plaintiff intends to call as witnesses at the time of trial. ANSWER: 7 9. Identify each person whom Plaintiff intends to call as an expert witness at the trial of this case. As to each witness, please also state: A. The subject matter on which the expert is expected to testify; B. The facts and opinions to which the expert is expected to testify; C. A summary of the grounds for each opinion; D. Whether the facts and opinions listed in (b) above are contained in a written report, memorandum or other writing. If they are, please give the name and address of the present custodian of same; E. If the opinion of the expert is based in whole or in part on any code, regulation or standard, governmental or otherwise, identify the said code, regulation, standard and specifically set forth the section relied upon; and F. Please attach a copy of each expert's curriculum vitae. ANSWER: 10. Please identify all documents, including, but not limited to, correspondence, reports, estimates, contracts, photographs, images, or other items that Plaintiff intends to introduce or utilize as evidence at the time of trial in this matter. ANSWER: 8 11. At the time of the accident described in the Complaint, or thereafter, did Plaintiff, or anyone acting on your behalf, engage in any conversation whatsoever with anyone relating to the accident? If so, please identify: A. All parties involved in each conversation; B. When each conversation took place; C. The substance of each conversation and the identities of all persons who were present at the time of the conversation; and D. Please consider this Interrogatory a Request for Production of Documents and produce a copy of any and all memoranda, reports, handwritten notes or other documents which reflect the date, time, all persons involved in, and substance of any conversation(s). ANSWER: 12. At the time of the accident or thereafter, did Plaintiff, or anyone acting on your behalf, hear or learn of any conversations by or between any persons concerning the accident? If so, please identify: A. All parties involved in each conversation; B. When each conversation took place; C. The substance of each conversation and the identities of all persons who were present at the time of the conversation; and 9 D. Please consider this Interrogatory a Request for Production of Documents and produce a copy of any and all memoranda, reports, handwritten notes or other documents which reflect the date, time, all persons involved in, and substance of any conversation(s). ANSWER: 13. Please state whether Plaintiff or its representative, including its attorney, have or know of a statement (as defined by the Rules of Procedure) from any party or witness to any relevant facts involved in this action. If so, please identify: A. The date of each statement; B. The person who made each statement; C. The person to whom the statement was given; and D. Identify the present custodian of the statement. Further, please consider this Interrogatory a Request for Production of Documents and attach same to your answers to these Interrogatories. ANSWER: 10 14. Please state fully and in complete detail all that the Defendant did or failed to do which in anyway caused or contributed to cause the alleged occurrence as well as the condition(s) which you allege caused the alleged accident. ANSWER: 15. Identify the policy number for each policy of insurance (including excess carriers) issued to Plaintiff that is relevant to the present action. For each policy of insurance, please state the following: A. Policy number; B. Named insured; C. Policy period; D. Limits; E. Insured vehicles and/or persons listed under the policy; and F. All claims made by you against the policy. ANSWER: 11 16. Identify by make, model and year the vehicle operated by Plaintiff's driver that was involved in the accident described in your Complaint. Please also identify the owner of said vehicle and attach to your responses the registration and title of said vehicle. ANSWER: 17. State: A. When and where the vehicle was acquired and the purchase price; B. Whether the vehicle was purchased new or used; C. Whether the vehicle was involved in any other incidents or accidents before or after the accident at issue and if so, D. Describe any and all prior damage to the vehicle as a result of other incidents or accidents that occurred prior to the accident at issue; and E. The current disposition of the vehicle. ANSWER: 12 18. State the amount of damage to the vehicle your driver was operating at the time of the accident. If it was repaired, state: A. When the vehicle was repaired; B. By whom it was repaired (including his/her name and address); C. The cost of such repairs; D. An itemized list of the repairs made; E. By whom said bill was paid and when; and F. State whether you have an estimate or bill relating to the said damage. If in the affirmative, please attach a copy of same to your Answers. ANSWER: 19. State whether the vehicle operated by Plaintiffs driver at the time of the accident was drivable immediately following the accident. If it was not drivable, state: A. Where the vehicle was removed to (including address) and by what means; and B. The name, address and job classification of the person who removed the vehicle. ANSWER: 13 20. If the vehicle operated by Plaintiffs driver at the time of the accident was drivable immediately following the accident, state: A. The name, address, present whereabouts and job classification of the person who drove the vehicle away from the scene of the accident; B. Where the vehicle was driven to (including address); and C. The date and time when the vehicle was removed from the scene of the accident. ANSWER: 21. State: A. The weather conditions prevailing at the time of the accident; B. The condition of the roadway (i.e., dry, wet, muddy, etc.); C. Whether there were any defects in the road; if so, describe same; D. The straightness or curve of the road; E. The lighting conditions; and F. The exact date and time of the accident, as nearly as possible. ANSWER: 14 22. At the time of the accident, state: A. The direction in which your driver was operating was traveling; B. Your driver's complete itinerary, including all stops, for a period of four hours prior to the accident; C. Where your driver was coming from (including the address) immediately prior to the accident; D. The time your driver started traveling from there to his/her destination on the date in question; and E. Your driver's destination (including the address). ANSWER: 23. Did your operator take any drugs or medications or alcohol within 24 hours of the incident. If so, for each substance state: A. The name of the medication or drug; B. The dosage of each and the number of dosage; C. The time that you took each dose; D. A description of the condition which requires such medication or drug; E. The description of any effect that you experienced from taking the medication or drugs; and F. The name and address of the person who prescribed it. ANSWER: 15 24. State whether or not your operator was familiar with the scene of the alleged accident and how often he/she traveled through same, and state whether he/she had been in the general location of the accident at any time that day prior to the accident and if so, when he/she were there and for what reason. ANSWER: 25. On the date of the accident, please describe in detail your operator's actions this day, from the time he/she awoke in the morning up until the time of the occurrence. ANSWER: 26. State in detail and in your (and/or your operator's) own words your version of how the accident occurred. Please indicate in your response answers to the following: A. Your operator's exact location and what he/she was doing immediately before the accident occurred; B. The location of the Defendants' vehicles when he/she first saw them; C. The distance between your operator's vehicle and Defendants' vehicles the first time he/she saw them; 16 D. The location of your operator's vehicle when he/she made the specific observations in (C) above; E. The speed of your operator's vehicle when he/she made the observations described in (C) above; and F. In complete detail, the movement of the Defendants' vehicles from when your operator first saw them until impact. ANSWER: 27. State the following: A. In which lane your operator was traveling before the incident and in which lane the incident occurred; B. When your operator first observed the Defendants' vehicles, stating the distance at that moment from the ultimate point of impact and the respective speed of the vehicle he/she was operating at that time; C. The speed of your operator's vehicle: (1) at 100 feet from the point of contact; (2) at 50 feet from the point of contact; (3) at the point of contact; and D. Whether your operator's view was clear or what obstruction, if any, existed at the time of the incident. ANSWER: 17 28. State whether or not any police, state, county, city, township or federal officials appeared on the scene, either before, during or after the accident. If so, state: A. The time with respect to the accident that they appeared on the scene; B. Any known individuals who dialed 911 after the occurrence; C. The names, official identification numbers and addresses of each officer; and D. State whether any accident reports were prepared in connection with the accident involved herein. If so, identify, the nature of the document or recording and attach a copy of same to your Answers. ANSWER: 29. State whether your driver suffered any injuries as a result of the alleged accident? If so, provide: A. A detailed description of all the injuries received; and B. The names and addresses of any hospitals and/or physicians rendering treatment. ANSWER: 18 30. Please state whether or not prior to the date of the alleged incident your driver had any disabilities or physical impairments. If so, please state: A. The nature and extent of the disability and impairment; B. The length of time he/she had this disability and/or impairment; C. The effect the disability or impairment had on his/her daily activities; and D. The effect which the physical disability or impairment had on his/her operation of an automobile. ANSWER: 31. If you or the driver of your vehicle were charged by any law enforcement authorities with the violation of any traffic regulations, as a result of the operation of your vehicle at the time of the accident in question, or just prior to the accident, state with regard to each such violation: A. The charge; B. The plea entered; and C. The disposition of the charge. ANSWER: 19 32. Was Plaintiff's driver using a cell phone at any time during the time he/she first entered the vehicle to start his/her trip until that trip resulted in the accident at issue: If so, state: A. The name, address, and telephone number of each person to whom he/she spoke during the trip; B. Whether he/she was distracted in any way by the telephone at or around the time the accident occurred. ANSWER: 33. State whether the driver of your vehicle was operating the vehicle with permission and consent of the registered owner or under any other claimed authority. ANSWER: 20 34. Did your driver report or advise you or any of your agents, servants, workmen or employees of the alleged accident? If you answer is in the affirmative, please state: A. The name of the person(s) he/she spoke to and their relationship to the Plaintiff; B. Date of communication (please describe whether oral or written); and C. Nature of the communication; and D. Identify and produce any and all information and/or documents your driver provided related to the incident. ANSWER: 35. Do you, your attorney, your insurance carrier or anyone acting on your or their behalf, have or know of any photographs, motion pictures, maps, drawings, diagrams, measurements, surveys or other descriptions concerning the events and happenings of the alleged accident, the scene of the accident, or the areas or persons or vehicles involved made either before, after, or at the time of the events in question, including any photographs made of the Plaintiff at anytime since the alleged incident and, if so, as to each such item, state: A. Its nature; B. Its specific subject matter; C. The date it was made or taken; D. The name and last known address of the person making or taking it; 21 E. What each such item purports to show or illustrate or represent; and F. The name and address of the person having custody of such item. ANSWER: POST & SCHELL, P.C. By: U Dated: March 22, 2011 Gregory S. Hirtzel Michael Socha Attorneys for Defendant Kevin S. King 22 CERTIFICATE OF SERVICE I, Cheryl A. Portner, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor Suite 331 Carlisle, PA 17015 (Counsel for Plaindfj) Joseph R. D'Annunzio, Esquire Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 (Counsel for Defendant Cook) Stuart D. Miller 224 N. Union Street Middletown, PA 17057 (Defendant) Capital City Cab Service, Inc. 362 South Front Street Steelton, PA 17113 (Additional Defendant) (I M CHERY .P a__ DATE: March 22, 2011 23 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY:'MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 WARD TRUCKING, LLC, Plaintiff, vs. Attorneys for Defendant Kevin S. King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY DELPHINE COOK, KEVIN S. KING AND STUART D. MILLER, Defendants. NO. 2011-28 DEFENDANT KEVIN S. KING'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF WARD TRUCKING, LLC YOU ARE HEREBY requested to produce, in accordance with Pa. R.C.P. 4003.3 and 4009, the below listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced within thirty (30) days. This request is deemed to be continuing in that any documents, photographs, statements, reports or other tangible things secured subsequent to the date herein for the production of same are to be provided by a party's counsel within thirty (30) days from their receipt. DEFINITIONS Documents are an all-inclusive term that comprehends any written, printed, drawn or recorded material, however produced, stored or reproduced. This term includes, without limitation, all correspondence, memoranda, inter-office communications, minutes, reports, notes, schedules, computations, analyses, documentations, drawings, diagrams, graphs, charts, surveys, bills, checks, diaries, proposals, print-outs, recordings, telegrams, films, tests, studies, demonstrations and all other tangible or retrievable informational material. This term also includes any preliminary notes and drafts of the foregoing in whatever form, such as, for example only, printed, typed, long-hand and shorthand material on paper, paper tape, magnetic tape, ribbon, microfilm, still or moving photographic film and videotape. For the purposes of the instant Request, this term, does not include (a) privileged communications, (b) the mental impressions, opinions, legal research and theories of counsel, and (c) the mental impressions or opinions of other representatives respecting the merit or value of any claim or defense or respecting strategy or tactics. Statements is an all-inclusive term that comprehends any written utterance which is signed or otherwise adopted or approved by the person making it and any oral utterance which has been contemporaneously recorded by stenographic, mechanical, electrical, or any other means or has been transcribed from such recording so as to be a substantially verbatim recital of the verbal expression of the person making it. REQUESTS 1. The entire contents of any investigation file or files, and any other documentary material in your possession which supports or relates to the allegations of Plaintiff's Complaint (excluding references to mental impressions, conclusions or opinions representing the value or merit of the claim or defense or respecting strategy or tactics and privileged communications to counsel). 2. Any and all statements signed or unsigned, as defined by Rule 4003.4, from all witnesses or potential witnesses, including any statements from the parties herein, or their representative agents, servants or employees, related to the claims of Plaintiff s Complaint. 3. Each and every report, note, memorandum, summary and/or record of any kind or description relating to any and all interviews of Plaintiff and/or Plaintiff's driver and/or any witness made by Plaintiff's attorney, excluding only those statements of Plaintiff and/or 2 Plaintiffs driver made in the presence of his attorney to which the attorney-client privilege applies. 4. All photographs, motion pictures, videotapes, maps, sketches and/or diagrams related to the allegations identified in Plaintiff s Complaint. 5. Any and all documents containing the names and home and business addresses of all witnesses or individuals contacted as potential witnesses. 6. All reports and/or statements and Curriculum Vitae or resume of any and all experts who will testify at trial. 7. All receipts, invoices, bills, repair estimates, memoranda, correspondence and documents of any kind pertaining to the damages claimed in Plaintiff's Complaint and which evidence the cost of property claimed to have been damaged as a result of the accident. 8. Any and all records, bills, invoices and/or documents of any kind relating to prior damages to the property claimed to be damaged as a result of the alleged accident described in Plaintiff's Complaint. 9. Any and all documents relating to any maintenance, repairs, replacement or inspection of the vehicle operated by Plaintiffs driver identified in Plaintiffs Complaint the entire time it has been in your possession, custody and/or control both prior to and subsequent to the accident. 10. Any and all newspaper articles and/or articles from other periodicals regarding the subject matter of the present lawsuit. 11. A copy of Plaintiffs insurance policy and declarations page in effect on the date of the incident at issue as described in Plaintiff s Complaint. 12. Any and all documents related to the purchase of the vehicle described in Plaintiff s Complaint, including the title and registration evidencing the owner of said vehicle. 13. A copy of the personnel/employment file of your driver who operated the vehicle described in Plaintiff s Complaint on the date of the accident at issue. 14. Each and every investigative report, note, memoranda, summary and/or record of any kind of description concerning the above-captioned action or its subject matter, prepared, obtained, or otherwise in the possession, custody and/or control of Plaintiff and/or her attorney, investigator and/or any other agent or representative, excluding only those non-discoverable material which is attorney-client privilege. 15. Each and every document upon which the Plaintiff will rely at the time of trial. 16. Any and all documents provided by your driver to Plaintiff pertaining to the accident and the allegations set forth in your Complaint. 17. Any and all accident reports, or any other such documents created by you or any other entity as a result of the accident at issue. 3 18. All information not otherwise requested in Paragraphs 1 through 17 above, which is contained in the files of Plaintiff and/or Plaintiff's attorney, investigator and/or any other agent or representative and which is neither the mental impression of his/her attorney nor that attorney's conclusions, opinions, memoranda, notes, summaries, legal research or legal theories nor with respect to Plaintiff's representative other than their attorney, neither mental impressions, conclusions or opinions reflecting the value or merit of a claim or defense or respecting strategy tactics. POST & SCHELL, P.C. By: /Z" Dated: March 22, 2011 Gregory S. Hirtzel Michael Socha Attorneys for Defendant Kevin S. King 4 CERTIFICATE OF SERVICE I, Cheryl A. Portner, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Main, First Class Delivery, on the date set forth below Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 (Counsel for Plaintiff Joseph R. D'Annunzio, Esquire Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 (Counsel for Defendant Cook) Stuart D. Miller 224 N. Union Street Middletown, PA 17057 (Defendant) Capital City Cab Service, Inc. 362 South Front Street Steelton, PA 17113 (Additional Defendant) DATE: March 22, 2011 5 ?x a,? ?-? 04/1R/2C1'_ MON 1_0:53 FAX 7172584686 WARD TRUCKING LLC Plaintiff V. DELPHINE COOK, KEVIN S. KING, and STUART D. MILLER, Defendants . V. CAPITAL CITY CAB SERVICE, INC., Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-28 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S OBJECTIONS TO DEFENDANT KING'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. Objection. Plaintiff objects to said request to the extent it seeks information subject to attorney client privilege, attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. 4003.3 and 4003.5. 2. Objection. Plaintiff objects to said request to the extent it seeks information subject to attorney client privilege, attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. 4003.3 and 4003.5. 3. Objection. Plaintiff objects to said request to the extent it seeks information subject to attorney client privilege, attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. 4003.3 and 4003.5. 4. Objection. Plaintiff objects to said request to the extent it seeks information subject to attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. 5. Objection. Plaintiff objects to said request to the extent it seeks information subject to attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. Plaintiff further objects to said request as it is overly broad, unduly burdensome and vague. 6. Objection. Plaintiff objects to said request to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. Z0^3/009 7. Objection. Plaintiff objects to said request to the extent it seeks information subject to attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. 4003.3 and 4003.5. 04/18/2011 MON 10:54 FAX 7172584686 8. Objection. Plaintiff objects to said request as it is overly broad, unduly burdensome, vague and not limited in scope and time. 9. Objection. Plaintiff objects to said request as it is overly broad, unduly burdensome, vague and not limited in scope and time. Z004/009 13. Objection. Plaintiff objects to said interrogatory to the extent it seeks information which is confidential pursuant to Federal and/or State law or regulations, including but not limited to 49 CFR §§40.321, 40.323 and 382.405 and/or HIPPA. 14. Objection. Plaintiff objects to said request to the extent it seeks information subject to attorney client privilege, attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. Plaintiff further objects to said request as it is overly broad, unduly burdensome and vague. 15. Objection. Plaintiff objects to said request as it is overly broad, unduly burdensome, vague and undefined. It is unclear what Defendant means by "relied upon." 16. Objection. Plaintiff objects to said request to the extent it seeks information subject to attorney client privilege, attorney work product and/or it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. Plaintiff further objects to said interrogatory to the extent it is overly broad, unduly burdensome and vague. 17. Objection. Answering Defendant objects to said request to the extent it seeks information subject to attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. 4003.3 and 4003.5. Plaintiff further objects to said request as it is overly broad, unduly burdensome and vague. 18. Objection. Answering Defendant objects to said request to the extent it seeks information subject to attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. 4003.3 and 4003.5. Plaintiff further objects to said request as it is overly broad, unduly burdensome, vague and indefinite in scope and time. Without waiving said objection, please see the attached correspondence between Ward Trucking and GIECO. Respectfully Submitted, MARCELLO & KIVISTO, LLC Date: By. Dougl Marcello, Esq. AngelRainey, Esq. MareeIlo & Kivisto, LLC 04/18/2011 MON 10:54 FAX 7172584686 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 F: (717) 258-4686 Attorneys for Plaintiff 2005/nn9 04/18/2011 MON 10:54 FAX 7172584686 WARD TRUCKING, LLC Plaintiff V. DELPHINE COOK, KEVIN S. KINQ and STUART D. MILLER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-28 : CIVIL ACTION -LAW V. CAPITAL CITY CAB SERVICE, INC., Additional Defendant : JURY TRIAL DEMANDED PLAINTIFF'S OBJECTIONS TO DEFENDANT KING'S INTERROGATORIES B. Objection. Plaintiff objects to said interrogatory to the extent it is overly broad, unduly burdensome, vague and undefined. C. Objection. Plaintiff objects to said interrogatory to the extent it is overly broad, unduly burdensome, vague and undefined. Zoo6/009 7. Objection. Plaintiff objects to said interrogatory to the extent it seeks information subject to attorney client privilege, attorney work product and/or to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. 9. Objection. Plaintiff objects to said interrogatory to the extent it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P Rules 4003.3 and 4003.5. 11. Objection. Plaintiff objects to said interrogatory to the extent it seeks information subject to attorney client privilege, attorney work product and/or it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. Plaintiff further objects to said interrogatory to the extent it is overly broad, unduly burdensome and vague. 12. Objection. Plaintiff objects to said interrogatory to the extent it seeks information subject to attorney client privilege, attorney work product and/or it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. Plaintiff objects to said interrogatory as it is overly broad, unduly burdensome and vague. 13. Objection. Plaintiff objects to said interrogatory to the extent it seeks information subject to attorney client privilege, attorney work product and/or it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. 04/18/2011 MON 10:55 FAX 7172584686 Znn7/nno 23. Objection. Plaintiff objects to said interrogatory to the extent it seeks information which is confidential pursuant to Federal and/or State law or regulations, including but not limited to 49 CFR §§40.321, 40.323 and 382.405 and/or HIPPA. 24. Objection. Answering Defendant objects to said request as it is overly broad, unduly burdensome and vague. It is unknown what is meant by "general location" and Plaintiff is unable to provide an accurate response. 28. D. Objection. Plaintiff objects to said interrogatory to the extent it seeks information subject to attorney client privilege, attorney work product and/or it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. Plaintiff further objects to said interrogatory to the extent it is overly broad, unduly burdensome and vague. 29. Objection. Plaintiff objects to said interrogatory to the extent it seeks information which is confidential pursuant to Federal and/or State law or regulations, including but not limited to 49 CFR §§40.321, 40.323 and 382.405 and/or HIPPA. Plaintiff further objects to said interrogatory as it seeks information not relevant. 30. Objection. Answering Defendants further object to the extent said request seeks information which is confidential pursuant to Federal and/or State law or regulations, including but not limited to 49 CFR §§40.321, 40.323 and 382.405 and/or HIPPA. 34. Objection. Plaintiff objects to said interrogatory to the extent it seeks information subject to attorney client privilege, attorney work product and/or it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P. Rules 4003.3 and 4003.5. Plaintiff further objects to said interrogatory to the extent it is overly broad, unduly burdensome and vague. 35. Objection. Plaintiff objects to said interrogatory to the extent that it seeks information subject to attorney work product and/or it seeks information beyond the scope discoverable pursuant to Pa.R.Civ.P 4003.3 and 4003.5. Respectfully Submitted, Date: B Y, Esq. Mareello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 MARCELLO & KIVISTO, LLC Y?? ? D'ou as N. B Rainey, Esq. ?e a An 04/18/201'. MON 10:55 FAX 7172584686 T: (717) 244-4686 F: (717) 258-4686 Attorneys for Plaintiff 04/?.8/201'_ N_ON IC! 55 FAX 7172584686 WARD TRUCKING, LLC, Plaintiff 2009/009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-28 DELPHINE COOK, KEVIN S. KING and CIVIL ACTION -LAW STUART D. MILLER, Defendants V. CAPITAL CITY CAB SERVICE, INC., Additional Defendant . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that Plaintiffs Objections Request for Production of Documents and Interrogatories in the within action was served upon the following by facsimile on the 18`x' day of April, 2011. Gregory S. Hirtzel, Esq. Michael F. Socha, Esq. Post & Shell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Douglas-X. M ello, Esq. ?X?,??-? POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA? ESQUIRE E-MAID msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 WARD TRUCKING, LLC, Plaintiff, VS. Attorneys for Defendant Kevin S. King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY DELPHINE COOK, KEVIN S. KING AND STUART D. MILLER, Defendants. NO. 2011-28 DEFENDANT KEVIN S. KING'S INTERROGATORIES (SET II) DIRECTED TO PLAINTIFF WARD TRUCKING, LLC PLEASE BE ADVISED that you are required, pursuant to Pa. R.C.P. Nos. 4005 and 4006, as amended, to file the original and serve upon the undersigned a copy of your Answers, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. DEFINITIONS AND INSTRUCTIONS 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 -- 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); (1) 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; (2) 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; (3) A corporate entity: (a) its full corporate name; (b) its date and place of incorporation, if known; and (4) 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 government agency. "You and "your" shall be deemed to mean and refer to the party to whom these interrogatories have been propounded for answer and shall also be deemed to refer to, but shall not be limited to, your attorneys, consultants, sureties, indemnitors, insurers, investigators, and any other agents insofar as the material requested is not privileged. 2 "Vehicle"- refers to "Plaintiff's vehicle" as set forth in Plaintiff's Complaint at paragraphs 5, 6, and 12. Standard Instruction. The following instructions are applicable to these standard interrogatories: (1) Duty to answer. - The interrogatories are to be answered in whiting, 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 answer, you must furnish such information as is available to you, your employees, representatives, agents, and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. (2) Claim or 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 referenced to the corresponding interrogatories. 3 INTERROGATORIES 1. Were the alleged damages to the vehicle repaired after the incident and, if so, did Plaintiff resume using the vehicle in furtherance of its business activities? If the answer is in the affirmative, please state: A. the date on which it was determined that the vehicle was inoperable and/or could not be used by.Plaintiff in furtherance of its business activities; and B. the damage to the vehicle that rendered it inoperable and/or incapable of being used by Plaintiff in furtherance of its business activities; and C. the date on which repairs to the vehicle were completed; and D. the date that Plaintiff resumed using the vehicle in furtherance of its business activities. ANSWER: 4 2. If you rented another vehicle to use for furtherance of your business activities and/or otherwise temporarily or permanently replaced the vehicle at issue, please state the following: A. the date on which the vehicle was replaced and/or another vehicle began to be utilized in place of the vehicle; and B. whether the replacement vehicle was purchased and/or rented or otherwise acquired; and C. the dates on which any replacement vehicle was utilized; and D. the cost of acquiring any such replacement vehicle. ANSWER: 3. Identify all "loss of use" damages as alleged in paragraphs 6 and 12 of Plaintiff's Complaint. ANSWER: 5 4. Identify all persons with knowledge of the "loss of use" damages claimed by Plaintiff. ANSWER: POST & SCHELL, P.C. v By: Dated: September 9, 2011 Gregory S. Hirtzel, Esquire Michael Socha, Esquire Attorneys for Defendant Kevin S. King 6 CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor Suite 331 Carlisle, PA 17015 Counsel for Plaintiff Joseph R. D'Annunzio, Esquire Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 Counsel for Defendant Delphine Cook Brandon G. Johnson, Esquire Gerstein, Grayson & Cohen, LLP 1288 Route 73 South Suite 301 Mount Laurel, NJ 08054 Counsel for Defendants Stuart D. Miller and Capital City Cab Service, Inc. LILLY A. TORRE DATE: September 9, 2011 POST & SCHELL, P.C. BY: GREGORY S. HIRTZEL, ESQUIRE E-MAIL: ghirtzel@postschell.com I.D. # 56027 BY: MICHAEL F. SOCHA, ESQUIRE E-MAIL: msocha@postschell.com I.D. # 200988 1857 WILLIAM PENN WAY P.O. BOX 10248 LANCASTER, PA 17605-0248 717-291-4532 WARD TRUCKING, LLC, vs. Plaintiff, DELPHINE COOK, KEVIN S. KING AND STUART D. MILLER, Defendants. Attorneys for Defendant Kevin S. King IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2011-28 DEFENDANT KEVIN S. KING'S REQUEST FOR PRODUCTION OF DOCUMENTS (SET II) DIRECTED TO PLAINTIFF WARD TRUCKING, LLC YOU ARE HEREBY requested to produce, in accordance with Pa. R.C.P. 4003.3 and 4009, the below listed documents and/or items for purposes of discovery. This material will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced within thirty (30) days. This request is deemed to be continuing in that any documents, photographs, statements, reports or other tangible things secured subsequent to the date herein for the production of same are to be provided by a party's counsel within thirty (30) days from their receipt. DEFINITIONS Documents are an all-inclusive term that comprehends any written, printed, drawn or recorded material, however produced, stored or reproduced. This term includes, without limitation, all correspondence, memoranda, inter-office communications, minutes, reports, notes, schedules, computations, analyses, documentations, drawings, diagrams, graphs, charts, surreys, bills, checks, diaries, proposals, print-outs, recordings, telegrams, films, tests, studies, demonstrations and all other tangible or retrievable informational material. This term also includes any preliminary notes and drafts of the foregoing in whatever form, such as, for example only, printed, typed, long-hand and shorthand material on paper, paper tape, magnetic tape, ribbon, microfilm, still or moving photographic film and videotape. For the purposes of the instant Request, this term, does not include (a) privileged communications, (b) the mental impressions, opinions, legal research and theories of counsel, and (c) the mental impressions or opinions of other representatives respecting the merit or value of any claim or defense or respecting strategy or tactics. Vehicle- refers to "Plaintiff's vehicle" as set forth in Plaintiff's Complaint at paragraphs 5, 6, and 12. REQUESTS 1. Any and all documents that support of your "loss of use" claim asserted in paragraphs 6 and 12 of your Complaint including, but not limited to, the following: (a) any and all documents setting forth the amount of the alleged damages suffered as a result of the "loss of use" of the vehicle; and (b) any and all documents setting forth information regarding the length of time the vehicle was inoperable and/or could not be used; and (c) any and all documents setting forth the date(s) on which the vehicle was inoperable and/or could not be used; and (d) any and all documents regarding expenses incurred by Plaintiff in acquiring any vehicle used to replace the vehicle at issue; and (e) any and all documents used to calculate the amount of damages suffered as a result of the alleged "loss of use" of the vehicle; and (f) any and all documents setting forth the methodology used in calculating damages for the alleged "loss of use" of the vehicle. 2 POST & SCHELL, P.C. c By. Dated: September 9, 2011 Gregory S. Hirtzel Michael Socha Attorneys for Defendant Kevin S. King CERTIFICATE OF SERVICE I, Lilly A. Torres, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor Suite 331 Carlisle, PA 17015 Counsel for Plaintiff Joseph R. D'Annunzio, Esquire Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 Counsel for Defendant Delphine Cook Brandon G. Johnson, Esquire Gerstein, Grayson & Cohen, LLP 1288 Route 73 South Suite 301 Mount Laurel, NJ 08054 Counsel for Defendants Stuart D. Miller and Capital City Cab Service, Inc. LILLY A. TO DATE: September 9, 2011 d. qr P STS. SCFI?LL- ATTOANEYS Al LAW 0 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605-0248 717-291-4532 Main 717-291-1609 Fax www.postschell.com Michael F. Socha msocha@postschell.com 717-391-4443 Direct 717-291-1609 Fax File #: 232-147339 September 9, 2011 Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor Suite 331 Carlisle, PA 17015 RE: Ward Trucking, LLC v. DelphirIM K ntua Miller Dear Mr. Marcello: 0? I am writing as a f low- p to o r cent telep one nversat' n reg ing the above-referenced matter. As w diissed ou me to assert a clai fo oss of " of the Ward Trucking Y vehicle involy in e a cide t have en ose supplemental set of Interrogatories and Request for roductio of cu s egarding issue. As we also discu ed, I ave et to rec 've discovery responses from you. We originally served you with Inte tones d eq or Production of documents on March 22, 2011. I would like to avoid ling a M tion o Compel. Please provide responses to the original discovery within 30 days ong with esponses to the Supplemental Interrogatories. Thank you for yo r attention to this matter and please do not hesitate to call with any questions or concerns. Very truly yours, "v " Michael F. Socha MFS/lat Enclosures ALLENTOWN HARRISBURG LANCASTER PHILADELPHIA PITTSBURGH PRINCETON WASHINGTON, D.C. A PENNSYLVANIA PROFESSIONAL CORPORATION .0 .. v Douglas B. Marcello, Esquire September 9, 2011 Page 2 cc: Joseph R. D'Annunzio, Esquire (w/enclosures) Brandon G. Johnson, Esquire (w/enclosures) bcc: Robert Kraft (via E-Mail) (w/o enclosures) Claim No. R-WNP-5093068-050110-A 1 A + 0 CERTIFICATE OF SERVICE I, Karen Eichelberger, an employee of the law offices of Post & Schell, P.C do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor Suite 331 Carlisle, PA 17015 Counsel for Plaintiff Joseph R. D'Annunzio, Esquire Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road Suite 211 Harrisburg, PA 17112 Counsel for Defendant Delphine Cook David R. Alperstein, Esquire Alperstein & Associates 1515 Market Street Suite 802 Philadelphia, PA 19102 Counsel for Defendants Stuart D. Miller and Capital City Cab Service, Inc. kAREN EX ',ER DATE: December 15, 2011 WARD TRUCKING, Plaintiff V. DELPHINE COOK, KEVIN S. KING AND STUART D. MILLER Defendants CAPITAL CITY CAB SERVICE, INC, Additional Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION NO: 2011-28 RULE TO SHOW CAUSE AND NOW, this 4th day of January 2012, upon review of Defendant King's Motion to Compel a Rule to Show Cause is issued upon Plaintiff to show cause why the Defendant's Motion should not be granted. This Rule to Show Cause is returnable by 25 January 2012. By the Court, Thomas A. Placey C.P.J. Distribution List: It/ Doulgas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Joseph R. D'Annunzio, Esquire Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 c mm ?rn x rz a? A ? N.! Q Z r -v N O c? ?y rR 4C) C) -? aC)F /Brandon G. Johnson, Esquire Gerstein, Grayson & Cohen, LLP 1288 Route 73 South Mount Laurel, NJ 08054 Gregory S. Hirtzel, Esquire Michael Socha, Esquire Post & Schell, P.C. 1857 William Penn Way P. 0. Box 10248 Lancaster, PA 17605-0248 mh Ctf;.e.s ""I'ed J1,Vl/a p44- ,_i' iLED-'Oi' FiC 1 tl= THE PROTHON OTARY 2012 JAN -4 AM 11 , 33 OUNTY CUMBE p NSYLVAN A WARD TRUCKING LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2011-28 DELPHINE COOK, KEVIN S. KING and CIVIL ACTION - LAW STUART D. MILLER, Defendants JURY TRIAL DEMANDED V. CAPITAL CITY CAB SERVICE, INC., Additional Defendants PLAINTIFF'S RESPONSE TO DEFENDANT KEVIN S. KING'S MOTION TO COMPEL PLAINTIFF'S ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Plaintiff served objections to Defendant King's discovery responses on April 18, 2011. In further response, Defendant King has failed to set forth any basis to overrule Plaintiff's objections to Defendant King's discovery requests. 5. Admitted. 6. Admitted. 7. Denied. It is denied that Plaintiff has failed to provide discovery responses to King's Interrogatories and Request for Production of Documents. 8. Denied. The averment of said paragraph is denied as stated as Pa.R.C.P. 4006(a)(2) is a rule which speaks for itself. 9. Denied. The averment of said paragraph is denied as stated as Pa.R.C.P. 4009.12 is a rule which speaks for itself. 10. Denied. The averment of said paragraph is denied as stated as Pa.R.C.P. 4019(a) is a rule which speaks for itself. 11. Denied. The averment of said paragraph is denied as a conclusion of law to which no responsive pleading is required. To the extent a response is deemed required, Plaintiff has served proper objections to Defendant King's discovery requests, to which Defendant King has not set forth any basis to overrule. 12. Denied. The averment of said paragraph is denied to the extent is implies that all discovery requested by Defendant King's Interrogatories and Requests for Production of documents are relevant and/or discoverable. By way of further response, Plaintiff incorporates its discovery objections herein as if set forth in full and reserves the right to further object to Defendant King's discovery requests. 13. Denied. The averment of said paragraph is denied to the extent is implies that all discovery requested by Defendant King's Interrogatories and Requests for Production of documents are relevant and/or discoverable. By way of further response, Plaintiff incorporates its discovery objections herein as if set forth in full and reserves the right to further object to Defendant King's discovery requests. 14. Admitted. WHEREFORE, Plaintiff, Ward Trucking, LLC, respectfully requests this Honorable Court deny Defendant King's Motion to Compel discovery responses and in the alternative, if this Honorable Court grants Defendant King's Motion to Compel discovery responses it is respectfully requested that Plaintiff be given twenty (20) days to serve responses and objections to Defendant King's discovery requests. Respectfully Submitted, Date: MARCELLO & KIVISTO, LLC By: Douglas B. Marcello, Esq. Attorney I.D. No. 36510 Angela N. Rainey, Esq. Attorney I.D. No. 207168 Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 T: (717) 240-4686 Attorneys for Plaintiff V. WARD TRUCKING, LLC Plaintiff V. DELPHINE COOK, KEVIN S. KING and: STUART D. MILLER, Defendants CAPITAL CITY CAB SERVICE, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-28 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I certify that Plaintiffs Response to Defendant Kevin S. King's Motion to Compel Plaintiffs Answers to Interrogatories and Request for Production of Documents in the within action was served upon the following by enclosing the same in an envelope addressed as follows, postage prepaid and depositing same in the United States Mail, First Class Mail, in Carlisle, PA on the 4th day of January, 2012. Michael F. Socha, Esq. Post & Shell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster, PA 17605 Counsel for Defendant King Joseph R. D'Annunzio, Esq. 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Counsel for Defendant Cook David R. Alperstein, Esq. Alperstein & Associates 1515 Market Street Suite 802 Philadelphia, PA 19102 Counsel for Defendant Stuart and Capital City Cab Service, Inc. Angela R. Rainey, Esq. WARD TRUCKING, LLC, Plaintiff V. DELPHINE COOK, KEVIN S. KING AND STUART D. MILLER Defendants CAPITAL CITY CAB SERVICE, INC. ADDITIONAL DEFENDANT wowvw- a" IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CIVIL ACTON - LAW NO. 2011-28 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 10TH day of April 2012, a status conference will be held on 4 June 2012 at 9:30 a.m. in Courtroom No. 6, Jury Deliberation Room, of the Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution List: i/ Douglas B. Marcello, Esq. Marcello & Kivisto, LLC. 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 ? Joseph R. D'Annunzio, Esq. Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 BY THE COURT, <> > -; -=' - ; _ d? V Brandon G. Johnson, Esq. Gerstein, Grayson & Cohen, LLP 1288 Route 73 South Mount Laurel, New Jersey 08054 Gregory S. Hirtzel, Esq. Michael Socha, Esq. Post & Schell, P.C. 1857 William Penn Way P. 0. Box 10248 Lancaster, PA 10248 ? David R. Alperstein, Esq. Alperstein & Associates, LLC 1515 Market Street Suite 802 Philadelphia, PA 19102 mh ?t)P; es tea.. led 4111 J1- WARD TRUCKING, LLC, Plaintiff V. DELPHINE COOK, KEVIN S. KING AND STUART D. MILLER Defendants ago Ira 00 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CIVIL ACTON - LAW CAPITAL CITY CAB SERVICE, INC. ADDITIONAL DEFENDANT NO. 2011-28 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 4t' day of June 2012, a status conference was held in the jury deliberation room of Courtroom No. Six present on behalf of the Plaintiff was Douglas B. Marcello, Esq., present on behalf of defendant Delphine Cook was Joseph R. D'Annunzio, Esq., present on behalf of Kevin S. King was Michael Socha, Esq., and present on behalf of Stuart D. Miller and Capital City Cab Service, Inc. was Jason N. Vishio, Esq. This is a property damage action involving a loss of use claim, for which the Defendants have filed request for discovery unanswered by Plaintiff. Following the status conference it is Ordered and Directed: (1) Plaintiff shall have answers to Defendant's discovery request within twenty-one days of today's date (2) Depositions to be done in this matter shall be completed within sixty days of today's date (3) Following the final deposition a report to the court shall be made within fourteen days and shall contain a request for settlement conference if, necessary. BY THE CO R Thomas A. lacey C.P.J. Distribution List: Douglas B. Marcello, Esq. Marcello & Kivisto, LLC. 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Joseph R. D'Annunzio, Esq. Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 /Brandon G. Johnson, Esq. Gerstein, Grayson & Cohen, LLP 1288 Route 73 South Mount Laurel, New Jersey 08054 Gregory S. Hirtzel, Esq. Michael Socha, Esq. Post & Schell, P.C. 1857 William Penn Way P. 0. Box 10248 Lancaster, PA 10248 David R. Alperstein, Esq. Jason N. Vishio, Esq. Alperstein & Associates, LLC 1515 Market Street, Suite 802 Philadelphia, PA 19102 00p?Ie-s ft.-led - .. , Cn , 1?-. at. .. t WARD TRUCKING, LLC, Plaintiff V. DELPHINE COOK, KEVIN S. KING and STUART D. MILLER, Defendants V. CAPITAL CITY CAB SERVICE, INC. Additional Defendant *00*"04"? IN THE COURT OF COMMON PLEAS THE NINTH JUDICIAL DISTRICT NO. 2011-28 CIVIL TERM IN RE: MOTION TO COMPEL DISCOVERY RULE TO SHOW CAUSE AND NOW, this gth day of August, 2012, upon consideration of Pla Motion To Compel Discovery, a Rule is issued upon the Defendants and Add Defendant to show cause why Plaintiff is not entitled to the relief requested. Rule Returnable within twenty days from the date of this Rule. BY THE COURT, 1a Distribution List: Douglas B. Marcello, Esq. Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Thomas A. Placey C.P.J. Joseph R. D'Annunzio, Esq. Law Offices of Joseph R. D'Annunzio 4309 Linglestown Road, Suite 211 Harrisburg, PA 17112 Brandon G. Johnson, Esq. Gerstein, Grayson & Cohen, LLP 1288 Route 73, South Mount Laurel, New Jersey 08054 L/ Gregory S. Hirtzel, Esq. Michael Socha, Esq. Post & Schell, P.C. 1857 William Penn Way P. 0. Box 10248 Lancaster, PA 10248 David R. Alperstein, Esq. Jason N. Vishio, Esq. Alperstein & Associates, LLC 1515 Market Street, Suite 802 Philadelphia, PA 19102 eVPI lxa,"lid A?le