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HomeMy WebLinkAbout12-2213PAGE 1 REPORT : ZDRDOCT First Judicial District RUN DATE 03/22/12 t USER ID: PMC CIVIL DOCKET REPORT RUN TIME 11:04 AM CASE ID 111203266 -------------------------------------------------------------------------------- CASE NUMBER CASE CAPTION 111203266 SMITH VS KAUFFMAN ETAL FILING DATE COURT LOCATION 28-DEC-2011 M1 CH CASE TYPE: MOTOR VEHICLE ACCIDENT STATUS: ORDER/TRNSF OTHER JURISDICTION Seq # Assoc Expn Date Type ID 1 APLF A56247 JURY `-° N 7-1 M CD Party Name / Address & PhAW No--7 cD LEVINSON, KEITH t 1730 WELSH ROAD ` PHILADELPHIA PA 19115 (215)969-7400 (215)969-2181 - FAX 2 1 PLF 07131496 SMITH, ROBERT 544 E. WALNUT LANE PHILADELPHIA PA 19144 3 6 DFT 07131497 KAUFFMAN, ALLEN 5991 ANTHONY HIGHWAY WAYNESBORO PA 17268 4 6 DFT 07131498 WFM TRANSPORT INC. 101 W. HARRISBURG AVENUE RHEMS PA 17570 5 TL J286 MOSS, SANDRA M 392 CITY HALL PHILADELPHIA PA 19107 (215)686-7910 6 ADFT A52927 WEISGOLD, DEAN E DEAN E. WEISGOLD, P.C. 1835 MARKET STREET SUITE 1215 PHILADELPHIA PA 19103 (215)599-0327 (215)599-0322 - FAX 7 6 ADFT A76460 WINDISH, LEONARD A 1835 MARKET ST SUITE 1215 PHILADELPHIA PA 19103 (215)979-7605 (215)599-0322 - FAX 0 1o3.75 / o/ or?/77 A06 2 7.3 -'5b-3 REPORT : ZDRDOCT First Judicial District USER ID: PMC CIVIL DOCKET REPORT CASE ID 111203266 Filing Date / Time Docket Entry Filing Date / Time Docket Entry 28-DEC-11 10:23:58 ACTIVE CASE E-Filing Number: 1112043468 28-DEC-11 10:23:58 COMMENCEMENT OF CIVIL ACTION PAGE 2 RUN DATE 03/22/12 RUN TIME 11:04 AM Date Entered Date Entered 28-DEC-11 28-DEC-11 LEVINSON, KEITH 28-DEC-11 10:23:58 COMPLAINT FILED NOTICE GIVEN 28-DEC-11 LEVINSON, KEITH COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) DAYS AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. 28-DEC-11 10:23:58 SHERIFF'S SURCHARGE 2 DEFTS 28-DEC-11 LEVINSON, KEITH 28-DEC-11 10:23:58 WAITING TO LIST CASE MGMT CONF 28-DEC-11 LEVINSON, KEITH 17-JAN-12 15:35:45 SHERIFF'S SERVICE 18-JAN-12 LEVINSON, KEITH DEPUTIZED SERVICE OF PLAINTIFF'S COMPLAINT UPON WFM TRANSPORT INC. BY SHERIFF OF LANCASTER COUNTY ON 01/09/2012. (FILED ON BEHALF OF ROBERT SMITH) 25-JAN-12 15:11:14 ENTRY OF APPEARANCE FILED 25-JAN-12 WEISGOLD, DEAN E ENTRY OF APPEARANCE OF LEONARD A WINDISH AND DEAN E WEISGOLD FILED. (FILED ON BEHALF OF WFM TRANSPORT INC. AND ALLEN KAUFFMAN) 26-JAN-12 15:18:08 PRELIMINARY OBJECTIONS 27-JAN-12 WEISGOLD, DEAN E 46-12013646 PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT FILED. RESPONSE DATE: 02/16/2012 (FILED ON BEHALF OF WFM TRANSPORT INC. AND ALLEN KAUFFMAN) 31-JAN-12 11:47:42 SHERIFF'S SERVICE 31-JAN-12 LEVINSON, KEITH DEPUTIZED SERVICE OF PLAINTIFF'S COMPLAINT UPON ALLEN KAUFFMAN BY SHERIFF OF FRANKLIN COUNTY ON 01/23/2012. (FILED ON BEHALF OF ROBERT SMITH) 16-FEB-12 16:02:30 ANSWER TO PRELIMINARY OBJCTNS 16-FEB-12 LEVINSON, KEITH 46-12013646 ANSWER IN OPPOSITION OF PRELIMINARY OBJECTIONS FILED. (FILED ON BEHALF OF ROBERT SMITH) 21-FEB-12 10:33:53 BRIEF-PRELIM. OBJECT. FILED 21-FEB-12 WEISGOLD, DEAN E 46-12013646 BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS FILED. (FILED ON BEHALF OF WFM TRANSPORT INC. AND REPORT : ZDRDOCT USER ID: PMC First Judicial District CIVIL DOCKET REPORT CASE ID 111203266 PAGE 3 RUN DATE 03/22/12 RUN TIME 11:04 AM Filing Date / Time Docket Entry Date Entered ALLEN KAUFFMAN) 22-FEB-12 14:10:57 PRELIM OBJECTIONS ASSIGNED 22-FEB-12 46-12013646 PRELIMINARY OBJECTIONS ASSIGNED TO JUDGE: MOSS, SANDRA M. ON DATE: FEBRUARY 22, 2012 02-MAR-12 11:15:21 ORDER/TRNSF OTHER JURISDICTION 02-MAR-12 MOSS, SANDRA M 46-12013646 IT IS ORDERED THAT DEFTS' PRELIMINARY OBJECTIONS ARE SUSTAINED AND THIS MATTER IS TRANSFERRED TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PLTF IS TO BEAR ALL COSTS. BY THE COURT ...MOSS,J 2/28/12 02-MAR-12 11:15:22 NOTICE GIVEN UNDER RULE 236 05-MAR-12 NOTICE GIVEN ON 05-MAR-2012 OF ORDER/TRNSF OTHER JURISDICTION ENTERED ON 02-MAR-2012. 12-MAR-12 13:46:05 PRAECIPE/TRNSFER OUT OF COUNTY 12-MAR-12 LEVINSON, KEITH PRAECIPE TO TRANSFER THE ABOVE CAPTIONED MATTER TO CUMBERLAND COUNTY FILED. * * * End of Docket * * * r Court of Common Pleas of Philadelphia County Trial Division Civil Cover Sheet PLAINTIFF'S NAME DEFENDANTS NAME ROBERT SMITH ALLEN KAUFFMAN PLAINTIFF'S ADDRESS DEFENDANTS ADDRESS 544 E. WALNUT LANE 5991 ANTHONY HIGHWAY PHILADELPHIA PA 19144 WAYNESBORO PA 17268 PLAINTIFFS NAME DEFENDANTS NAME WFM TRANSPORT INC. PLAINTIFFS ADDRESS DEFENDANTS ADDRESS 101 W. HARRISBURG AVENUE RHEMS PA 17570 PLAINTIFF'S NAME DEFENDANTS NAME PLAINTIFF'S ADDRESS DEFENDANTS ADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL NUMBER OF DEFENDANTS CTM IENCEMENT OF ACTION int ? Petition Action ? Notice of Appeal 1 2 S wnmom Transfer From Other Jurisdictions ? AMOUNT IN CONTROVERSY COURT PROGRAMS - r: . ? Arbitration ? .,MarTbrt. Commerce ? Settlement ? $50,000.00 or less ifi ? Jury 13 ® s5?r?g q ?r ion Minor Court Appeal ? Minors ,y ® More than $50,000.00 ®Non-Jun, Statutorv Appeals ? W/D/Survival :., ; ? Other . E v CASE TYPE AND COD '' - 2V - MOTOR VEHICLE ACCIDEP,T STATUTORY BASIS FOR CAUSE OF ACTION RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER) FM IS CASE SUBJECT TO AR IMM" COORDINATION ORDER? W W YES NO DEC 28 2011 S. GARRETT TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: ROBERT SMITH Papers may be served at the address set forth below. NAME OF PLAINTIFFS/PETITIONER'S/APPELLANTS ATTORNEY ADDRESS KEITH LEVINSON 1730 WELSH ROAD PHILADELPHIA PA 19115 PHONE NUMBER FAX NUMBER (215)969-7400 (215)212-9692 SUPREME COURT IDENTIFICATION NO. E-MAIL ADDRESS 56247 boulevardlaw@yahoo.com SIGNATURE OF FILING ATTORNEY OR PARTY DATE SUBMITTED KEITH LEVINSON Wednesday, December 28, 2011, 10:23 am FINAL COPY (Approved by the Prothonotary Clerk) ? i By: Keith Levinson, Esquire Identification No.: 56247 1730 Welsh Road Philadelphia, Pennsylvania 19115 Telephone No.: 215 969-7400 Robert Smith 544 E. Walnut Lane Philadelphia, PA 19144 V. Allen Kauffman 5991 Anthony Highway Waynesboro, PA 17268 And WFM Transport Inc. 101 W. Harrisburg Avenue Rhems, PA 17570 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 the 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 important 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 LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHILADELPHIA BAR ASSOCIATION Lawyer Referral and Information Service 1101 Market Street, l la' Floor Philadelphia, Pennsylvania 19107 (215) 238-6300 f?nnrney for COURT OF COMM( OF PHILADELPHIA DECEMBER TERM, 2011 civil No.0X) AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en ]as siguientes paginas, debe tomar accibn dentro de los pr6ximos veinte (20) dfas despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una c comparecencia escrita y radicando en las Corte por escrito sus defensas de, y objeciones a, ]as demandas presentadas aqua en contra suya. Se le advierte de que si usted falla de tomar accibn como se describe anteriormente, el la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INIVIEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMAC16N A CERCA DE C6M0 CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDE A PROVEER INFORMACI6N SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO BAJO COSTO A PERSONAS QUE CUALIFICAN. ASOCIAC16N DE LICENCIADOS DE FILADELFIA Servicio De Referencia E. Informacion Legal One Reading Center Filadelfia, Pennsylvania 19107 (215) 238-6333 case ID: 111203266 0 KEITH LEVINSON, ESQUIRE IDENTIFICATION NUMBER: 56247 1730 WELSH ROAD PHILADELPHIA, PA 19115 (215) 969-7400 ROBERT SMITH 544 E Walnut Lane Philadelphia, PA 19144 VS. ALLEN KAUFFMAN 5991 Anthony Highway Waynesboro, PA 17268 And WFM TRANSPORT INC. 101 W. Harrisburg Avenue Rhems, PA 17570 NON JURY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DECEMBER TERM, 2011 NO. MOTOR VEHICLE ACCIDENT 1. Plaintiff, ROBERT SMITH is an adult individual residing at the above address. 2. Defendant, ALLEN KAUFFMAN, is an adult individual residing at the above address. 3. Defendant, WFM TRANSPORT INC., is a Corporation and/or other business entity, organized, existing and/or operating under the laws of the Commonwealth of Pennsylvania which at all times material herein regularly did business within the City and County of Philadelphia in the Commonwealth of Pennsylvania and elsewhere throughout the Commonwealth of Pennsylvania with a business address as set forth above. 4. At all times material herein, Defendant, WFM TRANSPORT INC. was operating by and through its agents, servants, workmen and/or employees who were acting in the course of their employment and within the scope of their authority and/or apparent authority, one of whom was Defendant, ALLEN KAUFFMAN. 5. On or about February 26, 2010 at or about 7:10 am, Defendant, WFM TRANSPORT INC., Case ID: 111203266 A owned, controlled and/or maintained a motor vehicle which was controlled and/or operated by Defendant, ALLEN KAUFFMAN west on the PA Turnpike, Upper Mifflin Township, PA, near milepost marker 206, in such a careless and/or negligent manner that it was caused to strike a motor vehicle controlled and/or operated by the Plaintiff, ROBERT SMITH which vehicle was then and there lawfully upon the roadway at the point aforesaid, causing the Plaintiff to suffer severe and permanent injuries as hereinafter stated. 6. The carelessness and/or negligence of the Defendants, who were acting jointly, severally and/or singularly, consisted inter alia, of the following: (a) Operating said vehicle at an excessive speed under the circumstances; (b) Failing to have said vehicle under proper and adequate control at the time of the accident; (c) Failing to give proper and sufficient warning of the approach of said vehicle; (d) Failing to yield to traffic; (e) Failing to operate his vehicle as a safe speed given the weather conditions; (f) Failing to follow at a safe distance. 7. By reason of the aforesaid negligence of the Defendants as hereinbefore alleged, the Plaintiff suffered severe and permanent injuries to his head, neck, back, arms, legs and body; he suffered severe and permanent injuries to the bones, muscles, tendons, ligaments, nerves and tissues of his head, neck, back, aims, legs and body, including but not limited to cervical strain and sprain; thoracic strain and sprain; lumbosacral strain and sprain; post concussion syndrome; point tenderness over the bilateral sacroiliac joint; bilateral trapezial fasciitis; myofascial pain syndrome; shoulder weakness; headaches; contusion of the face; multiple abrasions; central and right sided disc herniation Case ID: 111203266 at C6/7 impinging on the thecal sac; central C5/6 disc herniation impinging the thecal sac; central disc bulge 0/4 and C4/5. He suffered severe aches, pains, mental anxiety and anguish and a severe shock to his entire nervous system and other injuries, the full extent of which is not yet known. He suffered exacerbation of pre-existing conditions. The Plaintiff suffered internal injuries of an unknown nature, he suffered severe aches, pains, mental anxiety and anguish and a severe shock to his entire nervous system and other injuries, the full extent of which is not yet known. The Plaintiff believes and therefore avers that his injuries are permanent in nature. 8. As a direct and proximate result of Defendant's negligence, the Plaintiff has in the past and will in the future undergo severe pain and suffering as a result of which he has been in the past and will in the future be unable to attend to his usual duties and occupation, all to his great financial detriment and loss. 9. As a result of the aforesaid occurrence, the Plaintiff has been compelled, in order to effectuate a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention and may be required to expend additional sums for the same purpose in the future, including but not limited to medical bills and/or a workers compensation lien. 10. As a result of the aforesaid occurrence, the Plaintiff has been prevented from attending to his usual and daily activities and duties, and may be prevented for an indefinite period of time in the future, all to his great detriment and loss. 11. As a result of the aforesaid occurrence, the Plaintiff has suffered physical pain, mental anguish and humiliation and he may continue to suffer same for an indefinite period of time in the future. Case ID: 111203266 f' WHEREFORE, Plaintiff, ROBERT SMITH demands damages of the Defendants herein, jointly, severally and/or singularly in a sum in exces,V of Fifty Thousand Dollars ($50,000.00). BY: , ESQUIRE Case ID: 111203266 A, . VERIFICATION . The undersigned hereby states that he/she is a plaintiff in this action, and verifies that the statements made in the foregoing Complaint were drafted by counsel, based upon information gathered in preparation of this claim, and are true and correct to the best of my direct knowledge or gathered from facts surrounding the claim by my attorney. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. r Case ID: 111203266 By: KEITH LEVINSON Identification No.: 56247 1730 Welsh Road Philadelphia, Pennsylvania 19115 Telephone No.: 215-969-7400 Attorney for Plaintiff ARBITRATION ! Robert Smith COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY V. December Term, 2011 Allen Kauffman No.: 003266 PRAECIPE TO TRANSFER TO CUMBERLAND COUNTY To the Prothonotary: Kindly transfer the above matter to Cumbefland County. KEITH LEVINSON, ESQUIRE Attorney for Plaintiff Case ID: 111203266 i 0 r ROBERT SMITH V. Plaintiff, ALLEN KAUFFMAN and WFM TRANSPORT, INC. Defendants. 'Oi.0 i:: ,x u ? IN THE COURT'O1~a( a by PLEAS, PHILA a •o ?selpm SLt'I COUNTY, PENN DECEMBER TERM, 2011 NO, 3266 ORDER AND NOW, t! day of 2012, upon consideration of Defendants' Preliminary Objections and any response thereto, it is hereby ORDERED as follows: Defendants' Preliminary Objections based on improper venue are hereby SUSTAINED, and this matter is TRANSFERRED to the Court of Common Pleas of Cumberland County. Plaintiff is to bear all costs of transfer, BY THFbOURT: DOCKETED OOMPLEX LIT CENTER. Smith Vs Kauffman Eta-ORTRJ 11120326600013 MAN 'X J. STEWAR Case ID: 111203266 ConQpl;&W 20126$066 f1PIFC CENT PI IF7C114KIT T(1 Pa P (` P WAA(hl n W11 114AAC nq/nF/7n1,? ROBERT SMITH V. Plaintiff, ALLEN KAUFFMAN and WFM TRANSPORT, INC. Defendants. IN THE COUR?41r? Via, by PLEAS, PHILA COUNTY, PENNS"'iDECEMBER TERM, 2011 NO. 3266 ORDER n f. AND NOW, this,/ day of 2012, upon consideration of Defendants' Preliminary Objections and any response thereto, it is hereby ORDERED as follows: Defendants' Preliminary Objections based on improper venue are hereby SUSTAINED, and this matter is TRANSFERRED to the Court of Common Pleas of Cumberland County. Plaintiff is to bear all costs of transfer. BY THE bOURT: DOCKETED OOMPLEX LIT CENtTEF. Smith Vs Kauffman Eta-ORTRJ ?IIIINIIIIIIIIIII?IIIN 11120326600013 Mk. 'Z J. STEWM. Case ID: 111203266 Control No.: 12013646 COPIES SENT PURSUANT TO Pa.R.C.P. 236(b) D. WILLIAMS 03/05/2012 t,,oun of common rleas or rmlaaetpma Lounty Trial Division Y Civil Cover Sheet PLAINTIFFS NAME DEFENDANTS NAME ROBERT SMITH ALLEN KAUFFMAN PLAINTIFFS ADDRESS DEFENDANTS ADDRESS 544 E. WALNUT LANE 5991 ANTHONY HIGHWAY PHILADELPHIA PA 19144 WAYNESBORO PA 17268 PLAINTIFFS NAME DEFENDANTS NAME WFM TRANSPORT INC. PLAINTIFFS ADDRESS DEFENDANTS ADDRESS 101 W. HARRISBURG AVENUE RHEMS PA 17570 PLAINTIFFS NAME DEFENDANTS NAME PLAINTIFFS ADDRESS DEFENDANTS ADDRESS TOTAL NUMBER OF PLAINTIFFS TOTAL NUMBER OF DEFENDANTS COMM OF ACTION 2 int Petition Action ? Notice of Appeal Sjummons? Transfer From Other J urisdictions AMOUNT IN CONTROVERSY COURTPROGRAMS?"" T ? Arbitration ,Commerce ? $50 000 00 or less Q ' ? Settlement , . , ? Jury t Minor Court Appeal ? Minors ® More than $50,000.00 Q Non-Jun Statutpry Appeals ? W/D/Survival ? Other , .. CASE TYPE AND CODE 2V - MOTOR VEHICLE ACCIDENT STATUTORY BASIS FOR CAUSE OF ACTION RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER) IS CASE SUBJECT TO A IIYw rw FROPRO COORDINATION ORDER? / 1T YES NO DEC 28 2011 S. GARRETT TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: ROBERT SMITH Papers may be served at the address set forth below. NAME OF PLAINTIFF'S/PETMONER'S/APPELLANTS ATTORNEY ADDRESS KEITH LEVINSON 1730 WELSH ROAD PHILADELPHIA PA 19115 PHONE NUMBER FAX NUMBER (215)969-7400 (215)212-9692 SUPREME COURT IDENTIFICATION NO. E-MAIL ADDRESS 56247 boulevardlaw@yahoo.com SIGNATURE OF FILING ATTORNEY OR PARTY DATE SUBMITTED KEITH LEVINSON Wednesday, December 28, 2011, 10:23 am FINAL COPY (Approved by the Prothonotary Clerk) By: Keith Levinson, Esquire Identification No.: 56247 1730 Welsh Road Philadelphia, Pennsylvania 19115 Telephone No.: 215 969-7400 Robert Smith 544 E. Walnut Lane Philadelphia, PA 19144 V. Allen Kauffinan 5991 Anthony Highway Waynesboro, PA 17268 And WFM Transport Inc. 101 W. Harrisburg Avenue Rhems, PA 17570 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 the 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 important 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 LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHILADELPHIA BAR ASSOCIATION Lawyer Referral and Information Service 1101 Market Street, 1 la` Floor Philadelphia, Pennsylvania 19107 (215) 238-6300 for COURT OF COMM( OF PHILADELPHIA DECEMBER TERM, 2011 No. AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de ]as demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despuds de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una c comparecencia escrita y radicando en las Corte por escrito sus defensas de, y objeciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMAC16N A CERCA DE C6M0 CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDE A PROVEER INFORMAC16N SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO BAJO COSTO A PERSONAS QUE CUALIFICAN. ASOCIAC16N DE LICENCIADOS DE FILADELFIA Servicio De Referencia E. Informacion Legal One Reading Center Filadelfia, Pennsylvania 19107 (215) 238-6333 Case ID: 11.1.203266 KEITH LEVINSON, ESQUIRE IDENTIFICATION NUMBER: 56247 1730 WELSH ROAD PHILADELPHIA, PA 19115 (215) 969-7400 NON JURY ATTORNEY FOR PLAINTIFF ROBERT SMITH 544 E Walnut Lane Philadelphia, PA 19144 VS. COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DECEMBER TERM, 2011 ALLEN KAUFFMAN 5991 Anthony Highway Waynesboro, PA 17268 And WFM TRANSPORT INC. 101 W. Harrisburg Avenue Rhems, PA 17570 NO. MOTOR VEHICLE ACCIDENT 1. Plaintiff, ROBERT SMITH is an adult individual residing at the above address. 2. Defendant, ALLEN KAUFFMAN, is an adult individual residing at the above address. 3. Defendant, WFM TRANSPORT INC., is a Corporation and/or other business entity, organized, existing and/or operating under the laws of the Commonwealth of Pennsylvania which at all times material herein regularly did business within the City and County of Philadelphia in the Commonwealth of Pennsylvania and elsewhere throughout the Commonwealth of Pennsylvania with a business address as set forth above. 4. At all times material herein, Defendant, WFM TRANSPORT INC. was operating by and through its agents, servants, workmen and/or employees who were acting in the course of their employment and within the scope of their authority and/or apparent authority, one of whom was Defendant, ALLEN KAUFFMAN. 5. On or about February 26, 2010 at or about 7:10 am, Defendant, WFM TRANSPORT INC., Case ID: 111203266 owned, controlled and/or maintained a motor vehicle which was controlled and/or operated by Defendant, ALLEN KAUFFMAN west on the PA Turnpike, Upper Mifflin Township, PA, near milepost marker 206, in such a careless and/or negligent manner that it was caused to strike a motor vehicle controlled and/or operated by the Plaintiff, ROBERT SMITH which vehicle was then and there lawfully upon the roadway at the point aforesaid, causing the Plaintiff to suffer severe and permanent injuries as hereinafter stated. 6. The carelessness and/or negligence of the Defendants, who were acting jointly, severally and/or singularly, consisted inter alia, of the following: (a) Operating said vehicle at an excessive speed under the circumstances; (b) Failing to have said vehicle under. proper and adequate control at the time of the accident; (c) Failing to give proper and sufficient warning of the approach of said vehicle; (d) Failing to yield to traffic; (e) Failing to operate his vehicle as a safe speed given the weather conditions; (f) Failing to follow at a safe distance. 7. By reason of the aforesaid negligence of the Defendants as hereinbefore alleged, the Plaintiff suffered severe and permanent injuries to his head, neck, back, arms, legs and body; he suffered severe and permanent injuries to the bones, muscles, tendons, ligaments, nerves and tissues of his head, neck, back, arms, legs and body, including but not limited to cervical strain and sprain; thoracic strain and sprain; lumbosacral strain and sprain; post concussion syndrome; point tenderness over the bilateral sacroiliac joint; bilateral trapezial fasciitis; myofascial pain syndrome; shoulder weakness; headaches; contusion of the face; multiple abrasions; central and right sided disc herniation Case ID: 11.1.203266 at C6/7 impinging on the thecal sac; central C5/6 disc herniation impinging the thecal sac; central disc bulge 0/4 and C4/5. He suffered severe aches, pains, mental anxiety and anguish and a severe shock to his entire nervous system and other injuries, the full extent of which is not yet known. He suffered exacerbation of pre-existing conditions. The Plaintiff suffered internal injuries of an unknown nature, he suffered severe aches, pains, mental anxiety and anguish and a severe shock to his entire nervous system and other injuries, the full extent of which is not yet known. The Plaintiff believes and therefore avers that his injuries are permanent in nature. 8. As a direct and proximate result of Defendant's negligence, the Plaintiff has in the past and will in the future undergo severe pain and suffering as a result of which he has been in the past and will in the future be unable to attend to his usual duties and occupation, all to his great financial detriment and loss. 9. As a result of the aforesaid occurrence, the Plaintiff has been compelled, in order to effectuate a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention and may be required to expend additional sums for the same purpose in the future, including but not limited to medical bills and/or a workers compensation lien. 10. As a result of the aforesaid occurrence, the Plaintiff has been prevented from attending to his usual and daily activities and duties, and may be prevented for an indefinite period of time in the future, all to his great detriment and loss. 11. As a result of the aforesaid occurrence, the Plaintiff has suffered physical pain, mental anguish and humiliation and he may continue to suffer same for an indefinite period of time in the future. Case ID: 111203266 I WHEREFORE, Plaintiff, ROBERT SMITH demands damages of the Defendants herein, jointly, severally and/or singularly in a sum in exces? of Fifty Thousand Dollars ($50,000.00). BY: , ESQUIRE Case TD: 111203266 VERIFICATION . The undersigned hereby states that he/she is a plaintiff in this action, and verifies that the statements made in the foregoing Complaint were drafted by counsel, based upon information gathered in preparation of this claim, and are true-and correct to the best of my direct knowledge or gathered from facts surrounding the claim by my attorney. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Case ID: 111203266 SHERIFFS OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA, 17608-3480 - (717)r299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT of RETURN NTIFF/S/ 2 r'MI .1, Robert Smith 3, DEFENDANTS/ WFM Transport Inc SERVE S. NAME OF INDIVIDUAL, COMP FmTransport, Inc. 6, ADDRESS (Street or RFD A rtrm AT 1101 W. Harrisburg Avenue Rhems, PA 17570 ZIP Now, 20---,l SHERIFF OF LANCASTER COUNTY, PA., do hereby deputize the Sheriff of County to execute the writ and make return thereof according to law, This deputation being made at the request and risk of the plaintiff Sheriff of Lancaster County 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: From Philadelphia County NOTE ONL APPLIWLE ON WRIT OF O(FCUTION: N.R. WAIVER OF WATCHMAN -Arty depiny$her*levying upon oraea "any prop" uedef withinwrh may leave same without a watchnun ht cusiosyof whomweris dIn possesion,ahernatlf*vfaction of levyor attachment WUhouCiMMgyon the part of such deputy onhesheriff toany plafntiMherelnfor any Joss, desirueWnotremovelof any suehproperty before shcrifrs shit thereof 9. S ATURE TrORNE OTHER ORIGINATOR Print Name 10. TELEPHONE NUMBER 11. DATE Keith Levinson i 21 S-969-740,0 01 /04/2012 12. END TICS OF SERVICE COPY TO NAME AND ADDRESS BELOW:(This area must be completed if notice Is to be mailed) Keith Levinson 1730 Welsh Road Philadelphia PA 19115 , p, r or a IV-1%;S,y9 recespc yr the wn[ NAMt or autnoriZeO LGSV Deputy Or Clerk pate Received 15. Expiration/Hea or complaint as Indicated above Yvette Turco 717 723-4519 01/04/2012 01/27/2012 16.1 Hereby CERYIFY aand RMR14 at I have personally served, Ave legal evidence o service as own n emar , _1 have exec shown in "Remarks", the writ or complaint described on the Individual, company, corporation, ate., at the address shown above or on the Individual, - no Shown above) (Relationship to Defendant) 19. (_J No Service See Remarks Below 20. Address of where serve Compl a on It different than shown above)(Street or RFD, Apartment No., City, 21. Date of Service 22. Time AM yPlp(' Boro,TWP, State and ZIP Code) eaxyrursr ?/mar ' ?? l 23. Attempts Date Miles ep. Inc bate Miles Dep. Int Oate Mlles Dep. lnt Date Miles Dep. int Date Miles Dep. Int 24. Advance Costs 2S. Service Costs 26. Notary Costs 27. Milea /Postaga/N,F 28. Total osts 29. COST uE OR RE U D R#5853..$150. $36.50 '? • r-. Z 1/157 - 30. Remarks: 1 24 31. AFF MED and subscribed to before me this 34. day of 37. Prothonotary/Deputy/Notary Public MY COMMISSION EXPIRES UZ 'd IS90 'ON A V I V t n 50 ANSWER. 20 - (?-e7 32. Signature o p-. herl 33.Date 62 35. Signature o 36: Date MARK S. R E, SHERIFF OF LANCASTER COUNTY PA W W 11 ZIOZ .b lupr r DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorneys for Defendants ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DECEMBER TERM, 2011 NO. 3266 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the law firm of Dean E. Weisgold, P.C., Dean E. Weisgold, Esquire and Leonard A. Windish, Esquire on behalf of defendants, WFM Transport, Inc. and Allen Kauffman, regarding the above captioned matter. DEAN E. WEISGOLD, P.C. BY: DEAN E. WEIS D, ESQUIRE LEONARD A. WINDISH, ESQUIRE Attorneys for Defendants Case ID: 111203266 r DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DECEMBER TERM, 2011 NO. 3266 CERTIFICATE OF SERVICE I, Dean E. Weisgold, Esquire, do hereby certify that a true and correct copy of the within Entry of Appearance has been served upon all parties to this action on this day of J zvu?a , 2012 via ECF: Keith Levinson, Esquire 1730 Welsh Road Philadelphia, PA 19115 DEAN E. W SCOLD, P.C. BY: DEAN E. WEISGOLD, ESQUIRE LEONARD A. WINDISH, ESQUIRE Attorneys for Defendants Case ID: 11.1203266 . DEAN E. WEISGOLD, P.C. DEAN E. WEISGOLD, ESQUIRE LEONARD A. WINDISH, ESQUIRE IDENTIFICATION NOS. 52927/76460 1835 MARKET STREET, SUITE 1215 PHILADELPHIA, PA 19103 (215) 979-7605 You are hereby notified to plead to the enclosed preliminary objections within twenty (20) days from the service hereof. Leonard A.?Wiindish Attorney for Defendants Attorneys for Defendants Allen Kauffman and WFM Transport, Inc. ROBERT SMITH IN THE COURT OF COMMON Plaintiff, PLEAS, PHILADELPHIA COUNTY, PENNSYLVANIA V. DECEMBER TERM, 2011 ALLEN KAUFFMAN and NO. 3266 WFM TRANSPORT, INC. Defendants. DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendants Allen Kauffman and WFM Transport, Inc., by and through their attorneys, Dean E. Weisgold, P.C., hereby make the following Preliminary Objections to the Complaint of Plaintiff Robert Smith: 1. This lawsuit was filed December 28, 2011, by Plaintiff against Defendants to recover for alleged personal injuries sustained by Plaintiff allegedly caused when a vehicle owned by Defendant WFM Transport, Inc. and operated by Defendant Allen Kauffman allegedly struck Plaintiff's vehicle. A true and correct copy of Plaintiff's Complaint in the instant action is attached hereto, incorporated herein, and marked as Exhibit "A." 2. According to the Complaint, Defendant Allen Kauffman lives in Waynesboro, Case ID: 111203266 Control No.: 1201.3646 Pennsylvania. See Exhibit A, paragraph 2. Waynesboro is located in Franklin County, Pennsylvania. 4. According to the Complaint, Defendant WFM Transport, Inc. has a business address in Rhems (sic), Pennsylvania. See Exhibit A, paragraph 3 Rheems is located in Lancaster County, Pennsylvania. 6. According to the Complaint, the alleged accident took place on the PA Turnpike in Upper Mifflin Township, Pennsylvania. See Exhibit A, paragraph 5. 7. Upper Mifflin Township is located in Cumberland County, Pennsylvania. The only fact in the Complaint indicating that venue is proper in Philadelphia County is the bald allegation that Defendant WFM Transport, Inc. "regularly did business within the City and County of Philadelphia". See Exhibit A, paragraph 3. COUNTI PRELIMINARY OBJECTIONS BASED ON IMPROPER VENUE PURSUANT TO PA. R. CIV. P. 1028(a)(1) 9. Defendants incorporate by reference paragraphs 1 through 8 above as if same were set forth fully and at length herein. 10. Pennsylvania Rule of Civil Procedure 1028(a)(1) permits a party to file preliminary objections on the basis of improper venue. 11. Rule 1006 (e) states that if a preliminary objection based on improper venue is sustained, and there is a proper venue within the State, the action shall be transferred to the appropriate court of that county, with all costs and fees to be paid by the plaintiff. 12. Pursuant to Rule 1006, an action against an individual may be brought in and only 2 Case ID: 111.203266 Control No.: 12013646 in a county in which (1) the individual may be served; (2) the cause of action arose; (3) an occurrence out of which the cause of action arose took place; or (4) any other county authorized bylaw. Pa.R.Civ.P. 1006(a)(1). 13. In the instant case, Plaintiff does not allege that Defendant Allen Kauffinan may be served in Philadelphia County. 14. Rather, Plaintiff alleges that Defendant Allen Kauffman lives in Waynesboro, Franklin County. See Exhibit A, paragraph 2. 15. Plaintiff does not allege that the cause of action or an occurrence out of which the cause of action arose took place in Philadelphia County. 16. Rather, Plaintiff alleges that the occurrence out of which the cause of action arose took place in Upper Mifflin Township, Cumberland County. See Exhibit A, paragraph 5. 17. Therefore, venue is improper in Philadelphia County as to Defendant Allen Kauffman. 18. Rule 1006 also provides that an action to enforce a joint or several liability against two or more defendants may be brought against all defendants in which venue may be laid against any of the defendants. Pa.R.Civ.P. 1006(c)(1). 19. Pursuant to Rule 2179 (a), an action against a corporation may be brought only in (a) the county where it has its registered office or principal place of business; (b) a county where it regularly conducts business; (c) the county where the cause of action arose; or (d) a county where a transaction or occurrence took place out of which the cause of action arose. 20. In the instant case, Plaintiff does not allege that Defendant WFM Transport, Inc. has its registered office or principal place of business in Philadelphia County or that the cause of Case ID: 1.1.1.203266 Control No.: 1201.3646 action or transaction arose or took place in Philadelphia County. 21. Rather, Plaintiff alleges that Defendant WFM Transport, Inc. "regularly did business within the City and County of Philadelphia". See Exhibit A, paragraph 3. 22. To determine whether a corporation regularly conducts business in a particular county, courts consider whether the corporation's contacts with that county are sufficient to compel it to defend itself there. Singley v. Flier, 851 A.2d 200, 201 (Pa.Super 2004); Knosnowski v. Ward, 836 A.2d 143, 147 (Pa.Super. 2003). 23. In doing so, courts focus on the nature of the acts the corporation allegedly performs in that county, which must be assessed as to both their quantity and quality. Gale v. Mercy Catholic Med. Ctr. Eastwick, 698 A.2d 647, 651-51 (Pa.Super. 1997), Kiting Mathues v. Tim-Bar Corp., 438 Pa.Super. 231, 234, 652 A.2d 349, 351 (1994) and Purcell v. Bryn Mawr Hospital, 55 Pa. 237, 246, 579 A.2d 1282, 1286 (1990). 24. The quality of acts are those directly furthering, or essential to, corporate objects; it does not include incidental acts. Masel v. Glassman, 456 Pa.Super. 41, 689 A.2d 314, 317 (Pas.Super. 1997). 25. The quantity of acts are those so continuous and sufficient to be general or habitual. Id.; Purcell, supra. 26. "A single act is not enough while each case must depend on its own facts... In combined form, ... the acts of the corporation must be distinguished: those in `aid of a main purpose' are collateral and incidental, while `those necessary to its existence' are `direct.' Purcell, 579 A.d at 1285, quo tin Shambe v. Delaware and Hudson Railroad Co., 288 Pa. 240, 135 A. 755 (1927). 4 Case ID: 111203266 Control No.: 12013646 27. Bald allegations that a defendant regularly conducts business in the selected forum, without supporting evidence, are insufficient to sustain venue. Schultz v. MMI Products, Inc., 30 A.3d 1224 (Pa.Super. 2011); Rosenstiehl v. Five Star Appliance Repair, 2010 Phila.Ct.Com.PI.LEXIS 130 (2010); ZiMa v. Beige & Beige, Inc., 2007 Phila.Ct.Com.P1.LEXIS 138 (2007). 28. Plaintiff s bald allegation that Defendant WFM Transport, Inc. "regularly did business within the City and County of Philadelphia" is unsupported by any fact and is not true. 29. Defendant WFM Transport, Inc. has locations in Massey, Maryland; Rheems, Pennsylvania (2); Mount Joy, Pennsylvania; Spring Glen, Pennsylvania; Shippensburg, Pennsylvania; and Muncy, Pennsylvania. See Affidavit of Jamie H. Rowley, attached hereto as Exhibit "B". 30. Defendant WFM Transport, Inc. has no registered office or place of business in Philadelphia. See Exhibit B. 31. Defendant WFM Transport, Inc. does not pass through Philadelphia in its corporate endeavors. See Exhibit B. 32. Defendant WFM Transport, Inc. does not "regularly [do] business within the City and County of Philadelphia." See Exhibit B. 33. The cause of action arose in this case arose in Cumberland County. See Exhibit A, paragraph 5. 34. The occurrence out of which this cause of action arose took place in Cumberland County. See Exhibit A, paragraph 5. 35. Because there is no basis for venue in Philadelphia County, this action should be 5 Case ID: 111203266 Control No.: 12013646 transferred to the Court of Common Pleas of Cumberland County, where the alleged accident occurred and where venue is proper. All costs and fees should be paid by Plaintiff. WHEREFORE, Defendants Allen Kauffman and WFM Transport, Inc. respectfully request this Honorable Court to transfer his case to the Court of Common Pleas of Cumberland County. DEAN E. WEISGOLD, P.C. BY: ZL-?a Dean E. Weisgold Leonard A. Windish Attorney for Defendants Allen Kauffman and WFM Transport, Inc. 6 Case ID: 11.1.203266 Control No.: 1.2013646 CERTIFICATE OF SERVICE I, Leonard A. Windish, hereby certify that a true and correct copy of the foregoing Preliminary Objections was served upon the following on January 2-6-; Z012 by ECF: Keith Levinson, Esquire 1730 Welsh Road Philadelphia, PA 19115 s/Leonard A. Windish LEONARD A. WINDISH Case ID: 111203266 Control No.: 12013646 DEAN E. WEISGOLD, P.C. DEAN E. WEISGOLD, ESQUIRE LEONARD A. WINDISH, ESQUIRE IDENTIFICATION NOS. 52927/76460 1835 MARKET STREET, SUITE 1215 PHILADELPHIA, PA 19103 (215) 979-7605 Attorneys for Defendants Allen Kauffman and WFM Transport, Inc. ROBERT SMITH IN THE COURT OF COMMON Plaintiff, PLEAS, PHILADELPHIA COUNTY, PENNSYLVANIA V. DECEMBER TERM, 2011 ALLEN KAUFFMAN and NO. 3266 WFM TRANSPORT, INC. Defendants. BRIEF IN SUPPORT OF DEFENDANTS'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendants Allen Kauffman and WFM Transport, Inc., by and through their attorneys, Dean E. Weisgold, P.C., hereby submit their brief in support of their preliminary objections to the Complaint of Plaintiff Robert Smith. 1. MATTER BEFORE THE COURT The matter before the Court is the Preliminary Objections of Defendants to the Complaint. II. STATEMENT OF QUESTIONS PRESENTED If venue in this Court is improper because no defendant regularly conducts business there and the cause of action did not arise there, should the case be transferred? Suggested Answer: Yes. III. STATEMENT OF FACTS This lawsuit was filed December 28, 2011, by Plaintiff against Defendants to recover for alleged personal injuries sustained by Plaintiff allegedly caused when a vehicle owned by Defendant Case ID: 11.1203266 Control No.: 12013646 WFM Transport, Inc. and operated by Defendant Allen Kauffinan allegedly struck Plaintiffs vehicle. A true and correct copy of Plaintiff's Complaint in the instant action is attached to Defendants' Preliminary Objections as Exhibit "A." According to the Complaint, Defendant Allen Kauffman lives in Waynesboro, Waynesboro is located in Franklin County, Pennsylvania. According to the Complaint, Defendant WFM Transport, Inc. has a business address in Rhems (sic), Pennsylvania. Rheems is located in Lancaster County, Pennsylvania. According to the Complaint, the alleged accident took place on the PA Turnpike in Upper Mifflin Township, Pennsylvania. Upper Mifflin Township is located in Cumberland County, Pennsylvania The only fact in the Complaint indicating that venue is proper in Philadelphia County is the bald. allegation that Defendant WFM Transport, Inc. "regularly did business within the City and County of Philadelphia". Defendant WFM Transport, Inc. has locations in Massey, Maryland; Rheems, Pennsylvania; Mount Joy, Pennsylvania; Spring Glen, Pennsylvania; Shippensburg, Pennsylvania; and Muncy, Pennsylvania. Defendant WFM Transport, Inc. does not pass through Philadelphia in its corporate endeavors. In fact, Defendant WFM Transport, Inc. does not "regularly [do] business within the City and County of Philadelphia." For the reasons that follow, Defendants' Preliminary Objections to Plaintiff's Complaint should be sustained. IV. LEGAL ARGUMENT Pennsylvania Rule of Civil Procedure 1028(a)(1) permits a party to file preliminary objections on the basis of improper venue. Rule 1006 (e) states that if a preliminary objection 2 Case ID: 111203266 Control No.: 1.2013646 based on improper venue is sustained, and there is a proper venue within the State, the action shall be transferred to the appropriate court of that county, with all costs and fees to be paid by the plaintiff. Pursuant to Rule 1006, an action against an individual may be brought in and only in a county in which (1) the individual may be served; (2) the cause of action arose; (3) an occurrence out of which the cause of action arose took place; or (4) any other county authorized by law. Pa.R.Civ.P. 1006(a)(1). In the instant case, Plaintiff does not allege that Defendant Allen Kauffman may be served in Philadelphia County. Rather, Plaintiff alleges that Defendant Allen Kauffman lives in Waynesboro, Franklin County. Plaintiff does not allege that the cause of action or an occurrence out of which the cause of action arose took place in Philadelphia County. Rather, Plaintiff alleges that the occurrence out of which the cause of action arose took place in Upper Mifflin Township, Cumberland County. Therefore, venue is improper in Philadelphia County as to Defendant Allen Kauffman. Rule 1006 also provides that an action to enforce a joint or several liability against two or more defendants may be brought against all defendants in which venue may be laid against any of the defendants. Pa.R.Civ.P. 1006(c)(1). Pursuant to Rule 2179 (a), an action against a corporation may be brought only in (a) the county where it has its registered office or principal place of business; (b) a county where it regularly conducts business; (c) the county where the cause of action arose; or (d) a county where a transaction or occurrence took place out of which the cause of action arose. Kubik v. Route 252, Inc., 762 A.2d 1119 (Pa. Super. 2000). Case ID: 1H. 203266 Control No.: 12013646 To determine whether a corporation regularly conducts business in a particular county, courts consider whether the corporation's contacts with that county are sufficient to compel it to defend itself there. Singley v. Flier, 851 A.2d 200, 201 (Pa.Super 2004); Knosnowski v. Ward, 836 A.2d 143, 147 (Pa.Super. 2003). In doing so, courts focus on the nature of the acts the corporation allegedly performs in that county, which must be assessed as to both their quantity and quality. Gale v. Mercy Catholic Med. Ctr. Eastwick, 698 A.2d 647, 651-51 (Pa. Super, 1997), citing Mathues v. Tim-Bar Corp., 438 Pa.Super. 231, 234, 652 A.2d 349, 351 (1994) and Purcell v. Bryn Mawr Hospital, 55 Pa. 237, 246, 579 A.2d 1282, 1286 (1990). The quality of acts are those directly furthering, or essential to, corporate objects; it does not include incidental acts. Masel v. Glassman, 456 Pa.Super. 41, 689 A.2d 314, 317 (Pas.Super. 1997). The quantity of acts are those so continuous and sufficient to be general or habitual. Id.; Purcell, supra. "A single act is not enough while each case must depend on its own facts... In combined form, ... the acts of the corporation must be distinguished: those in `aid of a main purpose' are collateral and incidental, while `those necessary to its existence' are `direct.' Purcell, 579 A.2d at 1285, uotin Shambe v. Delaware and Hudson Railroad Co., 288 Pa. 240, 135 A. 755 (1927). Bald allegations that a defendant regularly conducts business in the selected forum, without supporting evidence, are insufficient to sustain venue. Schultz v. MMI Products, Inc., 30 A.3d 1224 (Pa.Super. 2011); Rosenstiehl v. Five Star Appliance Repair, 2010 Phila. Ct.Com.P1.LEXIS 130 (2010); Shifman v. Beige _ & Beier, 2007 Phila. Ct.Com.P1.LEXIS 138 (2007). In Schultz, the Superior Count of Pennsylvania upheld Judge DiVito's transfer of a construction site accident case from Philadelphia to Lehigh County, where the accident occurred, for lack of venue: 4 Case ID: 111203266 Control No.: 12013646 [Plaintiffs] offered no evidence whatsoever in support of their mere bald allegation that "some or all" of the five corporate defendants regularly conducted business in Philadelphia. Schultz, 30 A.3d at 1231. Likewise, in Rosensteihl, Judge Overton sustained preliminary objections and transferred a motor vehicle accident case filed in Philadelphia to Delaware County, where the accident occurred, due to improper venue: Plaintiff failed to submit evidence to establish presence in Philadelphia County. Rosensteihl, 2010 Phila.Ct.Com.PI.LEXIS 130, * 5. Also, in Shifman, Judge Moss granted preliminary objections and transferred a premises liability case from Philadelphia to Montgomery County where the accident occurred: There are simply no facts to support a Philadelphia County venue. Shifman, 2007 Phila.Ct.Com.P1.LEXIS 138, *4. Even some incidental contacts are not enough. In Singlet' v. Flier, 851 A.2d 200 (Pa. Super. 2004), five incidental contacts were not enough to establish that Villanova University conducts business in Philadelphia. In Jones v. Giant Food Stores, 2001 Phila.Cl.Com.PI.LEXIS 248, Judge Tereshko held that The Patriot News does not regularly conduct business in Philadelphia despite selling three subscriptions in Philadelphia. In Slaboda v. Maim, 2010 Phila.Ct.Com.P1.LEXIS 266, Judge Allen held that the fact that a defendant corporation that did three percent of its business in Philadelphia was not enough to establish that it regularly conducts business in Philadelphia. Case IUD: 111203266 Control No.: 12013646 In the instant case, Plaintiff merely alleges that Defendant WFM Transport, Inc. "regularly did business within the City and County of Philadelphia." This is unsupported by any fact and is not true. Plaintiff has not and cannot offer any evidence that Defendant WFM Transport, Inc. regularly conducts business in Philadelphia. Defendant WFM Transport, Inc. has attached the affidavit of its Chief Administrative Officer to its Preliminary Objections. This affidavit establishes the facts that Defendant WFM Transport, Inc. does not have a registered office or principal place of business in Philadelphia County and does not regularly conduct business in Philadelphia County. The cause of action or transactions did not arise or take place in Philadelphia County. Rather, the occurrence out of which the cause of action arose took place in Cumberland County. Philadelphia has no connection with this dispute at all. All of the fact witnesses would be located in Central Pennsylvania, where the accident occurred and where Defendants reside and do business. WFM Transport, Inc. conducts no business whatsoever in Philadelphia County. It would simply be unfair and costly for Defendants to be forced to defend this case involving a motor vehicle accident in a forum in Philadelphia County at least two and one half hours from Defendant WFM Transport, Inc.'s principal place of business, Defendant Allen Kauffinan's residence and where the cause of action arose. Other than Plaintiff's bald and unsupported allegation that Defendant WFM Transport, Inc. "regularly did business within the City and County of Philadelphia", there is no conceivable basis set forth in the complaint as to why this case should have been filed in Philadelphia County. Because venue clearly is improper in Philadelphia County, this action should be transferred to the Court of Common Pleas of Cumberland County where venue is proper. All 6 Case ID: 111.203266 Control No.: 12013646 costs and fees should be paid by Plaintiff. V. CONCLUSION For all of the reasons stated above, Defendants Allen Kauffman and WFM Transport, Inc. respectfully request this Honorable Court to transfer this case to the Court of Common Pleas of Cumberland County. DEAN E. WEISGOLD, P.C. BY. Dean E. Weisgold Leonard A. Windish Attorney for Defendants Allen Kauffman and WFM Transport, Inc. 7 Case ID: 111203266 Control No.: 12013646 EXHIBIT A Case ID: 111.203266 Control No.: 1201.3646 KEITH LEVINSON ESQUIRE IDENTMCATION CRUDER: 56247 1730 WELSH ROAD PHILADELPHIA, PA 19115 (215) 969-7400 ROBERT MI 544 E Walnut Lane Philadelphia, PA 19144 vs. ALLEN KAUFFMAN 5991 Anthony Highway Waynesboro, PA 17268 And . WFM TRANSPORT INC, 101 W. Harrisburg Avenue Rhems, PA 17570 NON JURY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DECEMBER TERM, 2011 NO. MOTOR VEHICLE ACCIDENT 1, Plaintiff, ROBERT SMITH is an adult individual residing at the above address. 2. Defendant, ALLEN ICAUFFMAN, is an adult individual residing at the above address, 3. Defendant, WFM TRANSPORT INC., is a Corporation and/or other business entity, organized, existing and/or operating under the laws of the Commonwealth of Pennsylvania which at all times material herein regularly did business within the City and County of Philadelphia in the Commonwealth of Pennsylvania and elsewhere throughout the Commonwealth of Pennsylvania with a business address as set forth above. 4. At all times material herein, Defendant, WPM TRANSPORT INC, was operating by and through its agents, servants, workmen and/or employees who were acting in the course of their employment and within the scope of theft- authority and/or apparent authority, one of whom was Defendant, ALLEN KAUFFMAN. 5. On or about February 26, 2010 at or about 7:10 am, Defendant, WFM TRANSPORT INC., Case ID: 111203266 Case ID: 111203266 Control No.: 12013646 owned, controlled and/or maintained a motor vehicle which was controlled and/or operated by Defendant, ALLEN KAUFFMAN west on the PA Turnpike, Upper Mifflin Township, PA, near milepost marker 206, in such a careless and/or negligent manner that it was caused to strike a motor vehicle controlled and/or operated by the Plaintiff, ROBERT SMITH which vehicle was then and there lawfully upon the roadway at the point aforesaid, causing the Plaintiff to suffer severe and permanent injuries as hereinafter stated. 6. The carelessness and/or negligence of the Defendants, who were acting jointly, severally and/or singularly, consisted inter alia, of the following; (a) Operating said vehicle at an excessive speed under the circumstances; (b) Failing to have said vehicle under; proper and adequate control at the time of the accident; (c) Failing to give proper and sufficient warning of the approach of said vehicle; (d) Failing to yield to traffic; (e) Failing to operate his vehicle as a safe speed given the weather conditions; (f) Failing to follow at a safe distance. 7. By reason of the aforesaid negligence of the Defendants as hereinbefore alleged, the Plaintiff` suffered severe and permanent injuries to his head, nook, back, arms, legs and body; he suffered severe and permanent Injuries to the bones, muscles, tendons, ligaments, nerves and tissues of his head, neck, back, arms, legs and body, including but not limited to cervical strain and sprain; thoracic strain and sprain; lumbosaeral strain and sprain; post concussion syndrome; point tenderness over the bilateral sacroiliac joint; bilateral trapezial faseiitis; myofasclal pain syndrome; shoulder weakness; headaches; contusion of the face; multiple abrasions; central and right sided disc herniation Case ID: 111203266 Case ID: 1.11.203266 Control No.: 12013646 at C617 impinging on the theoal sac; central C516 disc herniation impinging the theoal sec; central disc bulge C3/4 and C4/5. He suffered severe aches, pains, mental anxiety and anguish and a severe shock to his entire nervous system and other injuries, the full extent of which is not yet known, He suffered exacerbation of pre-existing conditions, The Plaintiff suffered internal JWurles of an unknown nature, he suffered severe aches, pains, mental anxiety and anguish and a severe shook to his entire nervous system and other injuries, the hall extent of which is not yet known, The Plaintiff believes and therefore avers that his injuries are permanent in nature. 8. As a direct and proximate result of Defendant's negligence, the Plaintiff has in the past and will in the fixture undergo severe pain and suffering as a result of which he has been in the past and will in the future be unable to attend .to his usual duties and occupation, all to his great financial detriment and loss. 9. As a result of the aforesaid occurrence, the Plaintiff has been compelled, in order to effectuate a cure for the aforesaid injudes, to expend large sums of money for medicine and medical attention and may be required to expend additional sums for the same purpose in the future, including but not limited to medical bills and/or a workers compensation lien, 10. Asa result of the aforesaid occurrence, the Plaintiff has been prevented from attending to his usual and daily activities and duties, and may be prevented for an indefinite period of time in the future, all to his great detriment and loss. 11. As a result of the aforesaid occurrence, the Plaintiff has suffered physical pain, mental anguish and humiliation and he may continue to suffer some for an indefinite period of time in the future. Case ID: 111203266 Case ID: 111203266 Control No.: 12013646 WHERBFORE, Plaintiff, ROBERT SMITH demands damages of the Defendants herein, jointly, severally and/or singularly in a sum in exoesy of Fifty Thousand Dollars ($50,000.00), Case ID: 111203266 Case ID: 111203266 Control No.: 12013646 VE IAT ION The undersigned hereby states that he/she is a plaintiff In this action, and verifies that the statements made In the foregoing Complaint were drafted by counsel, based upon Information gathered In preparation of this claim, and are true. and correct to the best of my direct knowledge or gathered from facts surrounding the claim by my attorney. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. Case ID: 111203266 Case ID: 1112032661 Control No.: 120136461 EXHIBIT B Case ID: 111203266 Control No.: 12013646 ROBERT SMITH IN THE COURT OF COMMON Plaintiff, PLEAS, PHILADELPHIA COUNTY, PENNSYLVANIA V. ALLEN KAUFFMAN and WFM TRANSPORT, INC. Defendants. DECEMBER TERM, 2011 NO. 3266 AFFIDAVIT OF JAMIE H. ROWLEY Jamie H. Rowley swears: 1. I am employed as Chief Administrative Officer by Wengers Feed Mill, Inc. 2. Drivers for WFM Transport, Inc. are employed by Wenger Feed Mill, Inc. and leased to WFM Transport, Inc. 3. I am familiar with the captioned action and have reviewed Plaintiffs Complaint. 4. Defendant Allen Kaufman lives in Waynesboro, Pennsylvania. 5. Waynesboro is located in Franklin County, Pennsylvania. 6. WFM Transport, Inc. has a business address in Rheems, Pennsylvania. 7. Rheems is located in Lancaster County, Pennsylvania. 8. According to the Complaint, the alleged accident took place on the Pennsylvania Turnpike in Upper Mifflin Township, Pennsylvania. 9. Upper Mifflin Township is located in Cumberland County, Pennsylvania. 10. WFM Transport, Inc. has locations only in Massey, Maryland; Rheems, Pennsylvania (2); Mount Joy, Pennsylvania; Spring Glen, Pennsylvania; Shippensburg, Pennsylvania; and Muncy, Pennsylvania. 11. WFM Transport, Inc. has no registered office or place of business in Philadelphia. 12. Defendant WFM Transport, Inc. does not pass through Philadelphia in pursuit of its corporate endeavors. 13. Defendant WFM Transport, Inc. does not "regularly [do] business within the City and County of Philadelphia." 1 Case ID: 111203266 Control No.: 12013646 14. In fact, WFM Transport, Inc. makes no deliveries in Philadelphia and has no customers in Philadelphia. The foregoing statements made by me are hue, to the best of my knowledge. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment, including liability for damages to any other person injured as a consequence of this filing. By; March 25 2015 2 Case 1D: 111.203266 SWORN TO AND SUBSCRIBED BEFORE ME THIS ?? DAY OF 20112. COMMOM M OP PENNSYLVANL4 NotaMU Seal Sherry D. Rem, Notary Publk Mount my YWp., LmCaster county Me eea, v v ? Control No.: 1201.3646 KEITH LEVINSON, ESQUIRE Attorney I.D. No. 56247 Boulevard Law Center 1730 Welsh Road Philadelphia, PA 19115 ATTORNEY FOR PLAINTIFF, ROBERT SMITH ROBERT SMITH 544 E. Walnut Lane Philadelphia, PA 19115 Plaintiff VS. COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DECEMBER TERM, 2011 ALLEN KAUFFMAN 5991 Anthony Highway Waynesboro, PA 17268 Defendant and NO. 3266 WFM TRANSPORT, INC. 101 W. Harrisburg Avenue Rheems, PA 17570 Defendant RESPONSE OF PLAINTIFF ROBERT SMITH TO PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Robert Smith (hereinafter "Plaintiff") hereby responds to Preliminary Objections filed by Allen Kauffman (hereinafter "Defendant" and/or "Kauffman") and WFM Transport, Inc. (hereinafter "Defendant" and/or "WFM Transport"): 1. Admitted, to the extent that Plaintiff's Complaint speaks for itself. 2. Admitted, to the extent that Plaintiff's Complaint speaks for itself. 3. Admitted. 4. Admitted, to the extent that Plaintiff's Complaint speaks for itself. 5. Admitted. 6. Admitted, to the extent that Plaintiff's Complaint speaks for itself. Case ID: 111.203266 Control No.: 1201.3646 7. Admitted. 8. Denied. The averments contained in the corresponding paragraph of Defendants' Preliminary Objections are conclusions of law, for which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. COUNT I PRELIMINARY OBJECTIONS BASED ON IMPROPER VENUE PURSUANT TO PA.R.CIV. P 1028(a)(1) 9. Plaintiff incorporates by reference responses to Paragraphs 1 through 8 above as though same were set forth fully and at length. 10. Admitted, to the extent that the referenced Rule speaks for itself. 11. Admitted, to the extent that the referenced Rule speaks for itself. 12. Admitted, to the extent that the referenced Rule speaks for itself. 13. Admitted, to the extent that Plaintiff's Complaint speaks for itself. 14. Admitted, to the extent that Plaintiff's Complaint speaks for itself. 15. Admitted, to the extent that Plaintiff's Complaint speaks for itself. 16. Admitted, to the extent that Plaintiff's Complaint speaks for itself. 17. Denied. The averments contained in the corresponding paragraph of Defendants' Preliminary Objections are conclusions of law, for which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 18. Admitted, to the extent that the referenced Rule speaks for itself. 19. Admitted, to the extent that the referenced Rule speaks for itself. 20. Admitted, to the extent that Plaintiff's Complaint speaks for itself. 21. Admitted, to the extent that Plaintiff's Complaint speaks for itself. 22. Admitted, to the extent that the referenced decisions speak for themselves. 23. Admitted, to the extent that the referenced decisions speak for themselves. 24. Admitted, to the extent that the referenced decision speaks for itself. Case ID: 111203266 Control No.: 1.2013646 25. Admitted, to the extent that the referenced decisions speak for themselves. 26. Admitted, to the extent that the referenced decision speaks for itself. 27. Admitted, to the extent that the referenced decisions speak for themselves. 28. Denied. The averments contained in the corresponding paragraph of Defendants' Preliminary Objections are conclusions of law, for which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 29. Denied. Plaintiff lacks sufficient information and knowledge regarding the averments contained in the corresponding paragraph to form a belief as to their truth or falsehood. 30. Denied. Plaintiff lacks sufficient information and knowledge regarding the averments contained in the corresponding paragraph to form a belief as to their truth or falsehood. 31. Denied. Plaintiff lacks sufficient information and knowledge regarding the averments contained in the corresponding paragraph to form a belief as to their truth or falsehood. 32. Denied. The averments contained in the corresponding paragraph of Defendants' Preliminary Objections are conclusions of law, for which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, Plaintiff submits that Defendant WFM Transport, Inc. regularly advertises via the internet (e.g., see Exhibit Two of Memorandum of Law in Support of Plaintiff's Response to Preliminary Objections), which reaches residents of Philadelphia and therefore does constitute doing business within Philadelphia County. 33. Denied. The averments contained in the corresponding paragraph of Defendants' Preliminary Objections are conclusions of law, for which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 34. Denied. The averments contained in the corresponding paragraph of Defendants' Preliminary Objections are conclusions of law, for which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. 35. Denied. The averments contained in the corresponding paragraph of Defendants' Preliminary Objections are conclusions of law, for which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. Case ID: H ] 203266 Control No.: 12013646 WHEREFORE, Plaintiff respectfully requests that this Honorable Court overrule Defendants' Preliminary Objections and enter the Order in the form proposed. YResp tful ly submitted, DATE: ?`(u 1 `? UA N. COHEN ESQUIRE Case ID: 111203266 Control No.: 12013646 KEITH LEVINSON, ESQUIRE Attorney I.D. No. 56247 Boulevard Law Center 1730 Welsh Road Philadelphia, PA 19115 ATTORNEY FOR PLAINTIFF, ROBERT SMITH ROBERT SMITH 544 E. Walnut Lane Philadelphia, PA 19115 Plaintiff VS. ALLEN KAUFFMAN 5991 Anthony Highway Waynesboro, PA 17268 Defendant and WFM TRANSPORT, INC. 101 W. Harrisburg Avenue Rheems, PA 17570 Defendant COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DECEMBER TERM, 2011 NO. 3266 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF ROBERT SMITH'S RESPONSE TO PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Robert Smith (hereinafter ("Plaintiff'), by and through his undersigned counsel, hereby files this memorandum of law in support of his response to Preliminary Objections filed by Allen Kauffman (hereinafter "Defendant" and/or "Kauffman") and WFM Transport, Inc. (hereinafter "Defendant" and/or "WFM Transport") through their counsel. 1. MATTER BEFORE THE COURT The matter before the Court is the Preliminary Objections filed by Defendants Kauffman and WFM Transport. Case ID: 1 1 1 203266 Control No.: 12013646 II. STATEMENT OF QUESTIONS PRESENTED Whether Defendants' Preliminary Objections on grounds of improper venue with the Court of Common Pleas, Philadelphia County, should be granted Suggested Answer: No III. STATEMENT OF FACTS On December 28, 2011 the Plaintiff filed a Civil Complaint in the Court of Common Pleas, Philadelphia County (Exhibit A (Civil Complaint filed by Plaintiff against Defendants Kauffman and WFM Transport) of "Brief in Support of Defendant's Preliminary Objections to Plaintiffs' Complaint" (hereinafter "Defendants' Brief')). The Complaint alleged in relevant part, that: i) Plaintiff is an adult individual who resides in Philadelphia, PA (Paragraph 1 of Exhibit A of Defendants' Brief); ii) Defendant Kauffman is an adult individual residing in Waynesboro, PA (Paragraph 2 of Exhibit A of Defendants' Brief); iii) Defendant WFM Corporation is located in Rheems, PA and regularly conducts business throughout the Commonwealth of Pennsylvania, including the City and County of Philadelphia (Paragraph 3 of Exhibit A of Defendants' Brief); iv) Defendant Kauffman was an agent, servant, workman and/or employee of Defendant WFM Transport and was acting within the scope of his authority and/or apparent authority on or about February 26, 2010, when a motor vehicle accident, which led to the filing of the instant lawsuit, occurred (Paragraph 4 of Exhibit A of Defendants' Brief); 2 Case ID: 111203266 Control No.: 12013646 v) at approximately 7:10 A.M. on February 26, 2010, Defendant Kauffman negligently operated a motor vehicle, owned or controlled by Defendant WFM Corporation, which crashed into a motor vehicle controlled and/or operated by Plaintiff on the Pennsylvania Turnpike near milepost marker 206, while Defendant Kauffmann was proceeding west in Upper Mifflin Township, causing Plaintiff various injuries (Paragraphs 5-11 of Exhibit A of Defendants' Brief); and vi) Plaintiff therefore sought damages, jointly, severally and/or singularly, in excess of $50,000.00, against both Defendants (final paragraph of Exhibit A (Plaintiff's request for relief) of Defendants' Brief). Waynesboro, PA is located in Franklin County, Pennsylvania and Upper Mifflin Township is located in Cumberland County, Pennsylvania (Paragraphs 5 and 7 of "Defendants' Preliminary Objections to Plaintiffs' Complaint" (hereinafter "Preliminary Objections")). Defendant WFM Corporation is a trucking company, with a business address in Rheems, Lancaster County, PA, and was founded and incorporated in Pennsylvania in 1999 (Paragraph 5 of Preliminary Objections). See, also, Exhibit One (http://www.allbusiness.com/companyprofile/Wfin-Transport- Inc/6D9605712C6B7CF8F4..., printed 2/15/2012). Wengers Feed Mill, Inc. leases trucks to Defendant WFM Corporation, which employs drivers that operate these trucks (Exhibit B (Affidavit of Jamie H. Rowley) of Defendants' Brief). These trucks deliver a variety of cargo, including general freight metal, sheets, coils, rolls, fresh produce, grain, feed, hay, commodities dry bulk, refrigerated food, and beverages. Case ID: 111203266 Control No.: 12013646 Exhibit Two (httt)://www.truckdriver.com/truckina-compm- directoiv/ShowDOTCo.cfin7CENSUS N... (printed 2/15/2012). Although located in Rheems, PA, a search of the internet reveals that Defendant WFM Corporation recruits drivers from all over the nation (Exhibit Two). . On or about January 27, 2012 Defendants, through counsel, filed Preliminary Objections to Plaintiffs Complaint on grounds of improper venue, seeking transfer of the lawsuit from the Court of Common Pleas, Philadelphia County to the Court of Common Pleas, Cumberland County (Preliminary Objections). Defendants averred that venue was improper as to Defendant Kauffman, as Kauffman resided in Franklin County and was not served in Philadelphia County, and because the cause of action arose in Cumberland County (Paragraphs 9-17 of Preliminary Objections). With respect to Defendant WFM Transport, Defendants averred that venue in Philadelphia was improper due to the fact that Plaintiff did not allege that the company had a registered office or principal place of business in Philadelphia, the cause of action did not arise in Philadelphia, and there was insufficient evidence to establish that the company regularly conducted business in Philadelphia (Paragraphs 18-32 of Preliminary Objections). In support of these averments, Defendants relied upon an affidavit prepared by Jamie H. Rowley, Chief Administrative Officer of Wenger Feed Mill, Inc. (Paragraphs 29-32 of Preliminary Objections; Exhibit B of Defendants' Brief). In her affidavit Ms. Rowley averred that: i) Defendant WFM Transport has locations in Massey, MD; Rheems, PA; Mount Joy, PA; Spring Glen, PA; Shippensburg, PA, and Muncy, PA (Paragraph 29 of Preliminary Objections; Paragraph 10 of Exhibit B of Defendants' Brief); ii) Defendant WFM Transport has no registered office or place of business in Case ID: 111.203266 Control No.: 12013646 Philadelphia (Paragraph 30 of Preliminary Objections; Paragraph 11 of Exhibit B of Defendants' Brief); iii) Defendant WFM Transport does not pass through Philadelphia in its corporate endeavors (Paragraph 31 of Preliminary Objections; Paragraph 12 of Exhibit B of Defendants' Brief); and iv) Defendant WFM Transport does not regularly conduct business in Philadelphia (Paragraph 32 of Preliminary Objections; Paragraph 13 of Exhibit B of Defendants' Brief). Citing Pennsylvania Rule of Civil Procedure (Pa.R.C.P. 1006(c)(1) for the proposition that where there are multiple defendants in an action seeking to enforce joint and several liability, venue is proper in any county for all defendants provided that it lies against one of the defendants. Defendants therefore asserted that the lawsuit should be transferred from Philadelphia County to Cumberland County, where the cause of action arose (Paragraphs 18 and 35 of Preliminary Objections). As discussed infra, Plaintiff respectfully submits that Defendants' Preliminary Objections should be overruled, as venue in Philadelphia County is proper. W. LEGAL ARGUMENT Pa.R.C.P. 1028(a) (Preliminary Objections) provides: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form or service of a writ of summons or a complaint; Note: Of the three grounds available to challenge venue, only improper venue may be raised by preliminary objection as provided by Rule 1006(e). Forum non conveniens and inability to hold a fair and Case ID: 111203266 Control No.: 1201.3646 impartial trial are raised by petition as provided by Rule 1006(d)(1) and (2). See Rule of Appellate Procedure 311(b) for interlocutory appeals as of right from orders sustaining jurisdiction and venue. (2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter; (3) insufficient specificity in a pleading; (4) legal insufficiency of a pleading (demurrer); Note: The defense of the bar of a statute of frauds or statute of limitations can be asserted only in a responsive pleading as new matter under Rule 1030. (5) lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action; (6) pendency of a prior action or agreement for alternative dispute resolution; Note: An agreement to arbitrate may be asserted by preliminary objection or by petition to compel arbitration pursuant to the Uniform Arbitration Act, 42 Pa.C.S. § 7304, or the common law, 42 Pa.C.S. § 7342(a). (7) failure to exercise or exhaust a statutory remedy, and (8) full, complete and adequate non-statutory remedy at law. Preliminary objections should only be granted in cases that are clear and free from doubt. Gall v. Hammer, 420 Pa. Super. 512, 514, 617 A.2d 23, 24 (1992), citing Rivera v. Philadelphia Theological Seminary of St. Charles Boffomeo, Inc., 407 Pa. Super. 157, 595 A.2d 172 (1991); Stein v. Richardson, 302 Pa. Super. 124, 448 A.2d 558 (1982). As discussed supra, Defendants object to venue in this Court, with respect to both Defendants Kauffman and WFM Transport.. A plaintiff's choice of venue should be given great weight and deference, and a displeased defendant has the burden of proof 6 Case ID: 1] 1203266 Control No.: 12013646 when asserting a challenge to venue. Fimple v. Sullivan, 2008 Phila. Ct. Com. Pl. LEXIS [*2 - *3] (2008), aff d without opinion, Fimple v. Sullivan, 986 A.2d 1289 (Pa. Super. Ct. 2009), citin Deutschbaueer v. Barakat, 2002 Pa. Super. 401, 814 A.2d 246, 248 (Pa. Super. 2002). See, also, Silver v. Thompson, 2011 Pa. Super. 114, 26 A.2d 514, 516 (Pa. Super. Ct. 2011), citing Masel v. Glassman, 456 Pa. Super. 41, 689 A.2d 314, 316 (Pa. Super. 1997). Venue with regard to Defendant Kauffman is governed, in relevant part, by Pa.R.C.P. 1006(a)(1), which provides: (a) Except as otherwise provided by subdivisions (a.1), (b) and (c) of this rule, an action against an individual may be brought in and only in a county in which (1) the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law, or... Pa.R.C.P. 402(a) in turn provides: Rule 402. Manner of Service. Acceptance of Service (a) Original process may be served (1) by handing a copy to the defendant; or (2) by handing a copy (i) at the residence of the defendant to an adult member of the family with whom he resides; but if no adult member of the family is found, then to an adult person in charge of such residence; or (ii) at the residence of the defendant to the clerk or manager of the hotel, inn, apartment house, boarding house or other place of lodging at which he resides; or (iii) at any office or usual place of business of the defendant to his agent or to the person for the time being in charge thereof. As discussed in Defendants' Brief, the Complaint did not allege that Defendant Kauffman could be served in Philadelphia County, but rather noted that he resided in Case fl): 111203266 Control No.: 1201.3646 Waynesboro in Franklin County. Furthermore, Defendants correctly note that Plaintiff did not allege that the cause of action or transaction or occurrence out of which the cause of action arose occurred in Philadelphia County, but rather alleged that it arose in Upper Mifflin Township, Cumberland County. Therefore, venue, against Defendant Kauffman alone, admittedly does not lie in Philadelphia County. However, as mentioned above, the Complaint asserts joint and several liability against both Defendant Kauffman and Defendant WFM Transport. Under Pa.R.C.P. 1006(c)(1), as long as venue is proper against one of the Defendants, it is proper as to all of them. Venue, with respect to WFM Transport, is governed by Pa.R.C.P. 2179(a) (venue with respect to corporations), which provides: Rule 2179. Venue (a) Except as otherwise provided by an Act of Assembly, by Rule 1006(a. l) or by subdivision (b) of this rule, a personal action against a corporation or similar entity may be brought in and only in (1) the county where its registered office or principal place of business is located; (2) a county where it regularly conducts business; (3) the county where the cause of action arose; (4) a county where a transaction or occurrence took place out of which the cause of action arose, or (5) a county where the property or a part of the property which is the subject matter of the action is located provided that equitable relief is sought with respect to the property. Note; Rule 1006(a. l) governs venue in actions for medical professional liability. As discussed in Defendants' brief, Plaintiff s Complaint did not allege that Defendant WFM Corporation had a registered office or principal place of business in Case ID: 111203266 Control No.: 12013646 Philadelphia County, did not allege that the cause of action or transaction or occurrence out of which the cause of action arose was in Philadelphia County, and did not allege a property interest in Philadelphia that is the subject matter of the lawsuit. However, Plaintiff does submit that WFM Corporation regularly conducts business in Philadelphia County. Courts employ a quality-quantity analysis to determine whether a corporation or partnership regularly conducts business in a county. Zampana-Barry v. Donaghue, 2007 Pa. Super. 60, 921 A.2d 500, 5003 (2007), appeal denied, Zampana Barry v. Donaghue, 595 Pa. 709, 940 A. 2d 366 (2007). This means that a business entity must perform acts in a county of sufficient quality and quantity before venue in that county is established. Id. Quality of act will be found if the entity performs acts that are essential to its business objective. Id. Quantity of acts are acts sufficiently continuous as to be considered habitual. Id at 504. A review of the record indicates that both the quality and quantity of acts performed by Defendant WFM Corporation were sufficient to confer venue in this Court. As discussed at length above, Defendant WFM Corporation is a substantial trucking company, based in Pennsylvania, and advertises nationwide on the intereet through web sites such as TruckDriver.com in an effort to hire qualified truck drivers (see Exhibit Two). This advertising reaches out to residents, including those in Philadelphia County. Plaintiff submits that these activities are essential to Defendant WFM Corporation's existence as a company, and that business from Philadelphia significantly contributes to Defendant's stream of revenue. Likewise, the quantity of these acts are sufficiently continuous so as to be considered habitual, as Defendant continuously advertises itself as Case ID: 111203266 Control No.: 12013646 a trucking company on the internet, and these advertisements reach necessarily reach residents of Philadelphia County. Given these circumstances it is Plaintiff's position that venue in this Court is proper as to WFM Corporation. As Plaintiff's Complaint alleges joint and several liability against all defendants, this necessarily renders venue over Kauffman proper as well. Since venue is proper in Philadelphia County, Defendants' preliminary objections should be overruled. V. CONCLUSION For the above reasons, the Plaintiff respectfully requests this Honorable Court to overrule Defendants' preliminary objections. DATE: I 1 io xbmitted, OHEN, ESQUIRE Case 1D: 11 ] 203266 Control No.: 12013646 VERIFICATION I, Joshua N. Cohen, Esquire, verify that I am an attorney within the law firm of Plaintiff s counsel, Keith Levinson, Esquire, in the foregoing action, that I am authorized to make this verification on behalf of the Plaintiff, Robert Smith, and that the facts set forth in the foregoing Response to Preliminary Objections to Plaintiffs Complaint are true and correct to the best of my knowledge, information, and belief. I further understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATE: ?''! VL *6SHUAA N. COHEN, ESQUIRE Case ID: 111203266 Control No.: 12013646 KEITH LEVINSON, Attorney I.D. No. 56247 Boulevard Law Center 1730 Welsh Road Philadelphia, PA 19115 ROBERT SMITH 544 E. Walnut Lane Philadelphia, PA 19115 Plaintiff VS. ALLEN KAUFFMAN 5991 Anthony Highway Waynesboro, PA 17268 Defendant and WFM TRANSPORT, INC. 101 W. Harrisburg Avenue Rheems, PA 17570 Defendant ESQUIRE ATTORNEY FOR PLAINTIFF, ROBERT SMITH COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY DECEMBER TERM, 2011 NO. 3266 CERTIFICATE OF SERVICE I, Joshua N. Cohen, Esquire, an attorney within the law firm of Keith Levinson, Esquire, counsel for the Plaintiff, Robert Smith, hereby certifies that on this day of February, 2012, the foregoing Response to Preliminary Objections to Plaintiff s Complaint was submitted electronically and is available for viewing and downloading from the Court of Common Pleas, Philadelphia County Electronic Filing System. Service is thereby made on counsel for Defendants, who is registered to file electronically with the Philadelphia Courts; otherwise service will be made by way of EMAIL and/or first class mail postage prepaid, as follows:: COUNSEL FOR DEFENDANTS Dean E. Weisgold, Esquire Law Offices of Dean E. Weisgold, P.C. 1835 Market Street Suite 1215 Philadelphia, PA 19103 G1 ? JOSHUA N. COHEN, ESQUIRE Case ID: 11.1.203266 Control No.: 12013646 FKED 21 FEB 2012 10:33 am Coil"Mi iisi i0tt D. DADDAZIO DEAN E. WEISGOLD, P.C. DEAN E. WEISGOLD, ESQUIRE LEONARD A. WINDISH, ESQUIRE IDENTIFICATION NOS. 52927/76460 1835 MARKET STREET, SUITE 1215 PHILADELPHIA, PA 19103 (215) 979-7605 Attorneys for Defendants Allen Kauffman and WFM Transport, Inc. ROBERT SMITH IN THE COURT OF COMMON Plaintiff, PLEAS, PHILADELPHIA COUNTY, PENNSYLVANIA V. DECEMBER TERM, 2011 ALLEN KAUFFMAN and NO. 3266 WFM TRANSPORT, INC. Defendants. DEFENDANTS' REPLY BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendants Allen Kauffman and WFM Transport, Inc., by and through their attorneys, Dean E. Weisgold, RC., hereby submit their reply brief in support of their preliminary objections to the Complaint of Plaintiff Robert Smith. 1. MATTER BEFORE THE COURT The matter before the Court is the Preliminary Objections of Defendants to the Complaint. II. STATEMENT OF QUESTIONS PRESENTED If venue in this Court is improper because no defendant regularly conducts business there and the cause of action did not arise there, should the case be transferred? Suggested Answer: Yes. III. STATEMENT OF FACTS Defendants incorporate by reference the Statement of Facts contained in their Case ID: 111.203266 Control No.: 12013646 Brief in Support of Preliminary Objections. IV. LEGAL ARGUMENT In his brief in opposition to Defendants' Preliminary Objections, Plaintiff argues that Defendant WFM Corporation's advertisements on the internet through TruckDriver.com and AllBusiness.com satisfy Pennsylvania's quality-quantity analysis that is used to determine whether a corporation regularly conducts business in Pennsylvania. Plaintiff references this websites but has not attached them to his Response to Defendants' Preliminary Objections. This argument is flawed and is inconsistent with the case law. Pennsylvania applies a "quality and quantity" test to determine whether business contacts qualify as regularly conducting business for the purposes of determining venue. Goodman v. Fonslick, 844 A.2d 1252, 1255 (Pa.Super. 2004); Kubik v. Route 253, 762 A.2d 1119, 1124 (Pa.Super. 2000); Purcell v. Bn m Mawr Hospital, 525 Pa. 237, 579 A.2d 1282, 1285 (Pa.Super. 1990). A defendant corporation must perform acts of sufficient quality and quantity in a county before venue in that county will be established. Shambe v. Delaware & H.R. Co., 288 Pa. 240, 135 A. 755, 757 (Pa. 1927). As to the meaning of quality and quantity: [Q]uality of acts means those directly, further or essential to, corporate objects; they do not include incidental acts. Quantity means those acts which are so continuous and sufficient to be general or habitual. The acts in the corporation must be distinguished; those in aid of a main purpose are collateral and incidental, while those needed to its existence are direct. Purcell, 579 A.2d at 1285; see also Krosnoski v. Ward, 836 A.2d 143, 147 (Pa.Super. 2003). Courts will find venue to be improper where venue is premised on a company's advertisements on the internet. In Jenkins v. Marina District Development Co., 16 Pa.D.&C.51h 2 Case ID: 111.203266 Control No.: 12013646 328 (Phila.Co. 2010), the plaintiff slipped and fell at the Borgata Hotel Casino. Id, at 328. The plaintiff solely relied on the Borgata's web-based advertising and marketing to establish venue in Philadelphia. Id. at 335-36. This Court conducted a quality and quantity analysis and determined that this was not a valid basis for venue: Borgata's website is not the sole means for reserving hotel rooms or event tickets and there is also no evidence the website is the main means for doing so. The use of the website is not needed for the existence of its business and therefore not considered a direct act, but an incidental one. Id. at 337. Judge Tereshko found that the defendant did not regularly conduct business in Philadelphia according to the quality and quantity standard: The Borgata's website and its other web-based advertisements amount to mere solicitations of business and incidental contacts with Philadelphia County at best. Id. at 339. Likewise, in Kappe v. Lentz, Cantor & Massey, 2011 Phila.Ct.Com.P1.LEXIS 231, this Court considered the plaintiff s argument that the defendant law firm regularly conducted business in Philadelphia because the defendant law firm advertised on its website that it handles matters in Philadelphia County. Id. at *8. Judge DiVito engaged in a quality and quantity analysis and determined venue to be improper: Mere advertisement or solicitation of business within the county generally is not sufficient to satisfy the quality test, because advertisement is generally incidental to the corporate object. Id. at *8-*9, citing Masel v. Glassman, 456 Pa.Super. 41, 689 A.2d 314, 317. Judge DiVito found that the act of advertising through a website was not itself sufficient to impose venue jurisdiction. Id. at * 12. Case ID: 11203266 Control No.: 12013646 Similarly, in Goodman, supra, the Superior Court of Pennsylvania considered the plaintiffs argument that venue was proper in Philadelphia for a professional malpractice case where the alleged malpractice occurred at Abington Memorial Hospital in Montgomery County because the hospital advertised on the internet that it was a health care center serving people in Philadelphia County. Id., 844 A.2d at 1255. The Court held that this argument failed as advertisements appearing on websites are insufficient to establish venue in Philadelphia County. Id. In Kubik, supra, the plaintiff alleged that venue for his suit for injuries occurring in Delaware County was proper in Philadelphia because the defendant's website solicited patrons from Philadelphia County, provided a newsletter via email and sold gift certificates to Philadelphia residents. Id., 762 A.2d at 1124. The Superior Court of Pennsylvania stated that it did not need to enter into a quality/quantity analysis for the solicitation of patrons or for the newsletter as these were attempts to solicit business which did not amount to conducting business. Id. at 1125, citing Purcell, sup_ra,. With regard to the sale of gift certificates through the defendant's website, the Court did engage in a quality/quantity analysis. Id. The Court found that such sales did not justify venue in Philadelphia: Certainly, the sale of gift certificates is not "necessary to its existence," but rather serves to "aid ... [its] main purpose... Thus, the sale of gift certificates is a collateral act, and this is simply not enough to constitute regularly conducting business in Philadelphia County. Id. In the present case, it should be initially pointed out that the websites referenced by Plaintiff are not Defendant WFM Corporation's websites. TruckDriver.com and 4 Case ID: 111.203266 Control No.: 12013646 AllBusiness.com are informational websites that list numerous businesses beside Defendant WFM Corporation. All of the cases cited above deal with objecting defendants' own websites when considering whether venue is proper. Putting that distinction aside, it is submitted that this Court need not enter into a quality/quantity analysis as Plaintiff's sole basis for venue is Defendant WFM Corporation's advertisements on the internet. Per Goodman, supra and Kubik, supra, such a basis is insufficient to support a holding that Defendant WFM Corporation regularly conducts business in Philadelphia and to impose venue. Even if this Court engages in a quality/quality analysis based on Plaintiffs claims that Defendant WFM Corporation attempts to hire qualified truck drivers through its internet advertising, such an analysis will find venue to be improper. The solicitation of qualified truck drivers from Philadelphia is clearly not essential to Defendant WFM Corporation's purposes. There is no evidence that this is its only means for hiring qualified truck drivers. Similar to the reservations at the Borgata at issue in Jenkins, supra, internet advertisement is not the sole means for Defendant WFM Corporation to hire qualified truck drivers. Therefore, Defendant WFM Corporation's internet advertising is not essential to its corporate objects and not necessary for its existence. Therefore, Defendant WFM Corporation does not regularly conduct business in Philadelphia, venue is improper and Defendants' preliminary objections should be sustained. Case ID: 111.203266 Control No.: 12013646 V. CONCLUSION For all of the reasons stated above, Defendants Allen Kauffman and WFM Transport, Inc, respectfully request this Honorable Court to transfer this case to the Court of Common Pleas of Cumberland County. DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold Leonard A. Windish Attorney for Defendants Allen Kauffman and WFM Transport, Inc, 6 Case ID: 111203266 Control No.: 12013646 CERTIFICATE OF SERVICE I, Leonard A. Windish, hereby certify that a true and correct copy of the foregoing Reply Brief was served upon the following on February 21, 2012 by ECF: Keith Levinson, Esquire 1730 Welsh Road Philadelphia, PA 19115 s/Leonard A. Windish LEONARD A. WINDISH Case ID: 111203266 Control No.: 12013646 6 lj T{'.i, i cout! L I p i }rri?? ?j I r'1 DEAN E. WEISGOLD, P.C. DEAN E. WEISGOLD, ESQUIRE LEONARD A. WINDISH, ESQUIRE IDENTIFICATION NOS. 52927/76460 1835 MARKET STREET, SUITE 1215 PHILADELPHIA, PA 19103 (215) 979-7605 To: Plaintiff: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered aga' st you. r 1 /7 Attorney for Defendants Kauffman and WFM Transport, Inc. Attorneys for Defendants Allen Kauffman and WFM Transport, Inc. ROBERT SMITH IN THE COURT OF COMMON Plaintiff, PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-2213 ALLEN KAUFFMAN and WFM TRANSPORT, INC. Defendants. ANSWER AND NEW MATTER OF DEFENDANTS KAUFFMAN AND WFM TRANSPORT, INC. Defendants Allen Kauffman and WFM Transport, Inc., by and through their attorneys, Dean E. Weisgold, P.C., hereby respond to Plaintiff's Complaint as follows 1. Denied. After reasonable investigation, Defendants are without information to form a belief as to the truth of these averments and, therefore, they are denied with strict proof thereof demanded at the time of trial. 2. Admitted. 3. Admitted in part and denied in part. It is admitted the WFM Transport, Inc. is a Pennsylvania business corporation with a business address as listed. The remaining averments constitute conclusions of law to which no responsive pleading is required. It is specifically denied that WFM Transport, Inc. regularly did business in Philadelphia. 4. Denied. These averments constitute conclusions of law to which no responsive pleading is required. 5. Denied, except that Allen Kauffinan was operating a motor vehicle owned by WFM Transport, Inc. on February 26, 2012 on the Pennsylvania Turnpike in Upper Mifflin Township, Pennsylvania. 6. Denied. These averments constitute conclusions of law to which no responsive pleading is required. By way of further denial, it is specifically denied that Defendants, jointly, severally an/or singularly: a. Operated a motor vehicle at an excessive speed; b. Failed to have said vehicle under proper and adequate control; C. Failed to give proper and sufficient warning of the approach of a vehicle; d. Failed to yield to traffic; e. Failed to operate a motor vehicle at a safe speed; f Failed to follow at a safe distance; g. Disregarded traffic lanes, patterns and other devices; 7. Denied. These averments constitute conclusions of law to which no responsive pleading is required. 8. Denied. These averments constitute conclusions of law to which no responsive pleading is required. 2 9. Denied. These averments constitute conclusions of law to which no responsive pleading is required. 10. Denied. These averments constitute conclusions of law to which no responsive pleading is required. 11. Denied. These averments constitute conclusions of law to which no responsive pleading is required. WHEREFORE, Defendants Allen Kauffman and WFM Transport, Inc., demand judgment in their favor and against Plaintiff, together with costs and such further relief that this Honorable Court deems just, proper and equitable. NEW MATTER 1. The accident occurred as a result of plaintiffs' assumption of the risk. 2. If Plaintiff suffered the damages herein, which is denied, then those damages were caused in whole or in part by Plaintiff's own negligence and recovery is barred in accordance with the provisions of the Pennsylvania Comparative Negligence Act. 3. Plaintiff's complaint fails to state a claim upon which relief may be granted. 4. Plaintiff's claims are barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act, including, but not limited to the application of the limited tort provision. 5. The damages as alleged in plaintiffs' complaint, which are specifically denied, if not caused by Plaintiff's own negligence and/or assumption of the risk, are due solely to the negligence or carelessness and/or other conduct of third parties over whom Answering Defendants had no control. 3 6. Plaintiff s recovery is barred or limited by Plaintiff's failure to mitigate damages. 7. Plaintiff s claims are barred by a release. 8. Any damages sustained by Plaintiffs were not proximately caused by any actions on the part of Defendants. 9.. The accident in questions was caused by an Act of God or unforeseeable emergency conditions. WHEREFORE, Defendants Allen Kauffman and WFM Transport, Inc., demand judgment in their favor and against Plaintiff, together with costs and such further relief that this Honorable Court deems just, proper and equitable. DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorney for Defendants Allen Kauffman and WFM Transport, Inc. 4 VERIFICATION I, Allen Kauffman, hereby state that I have reviewed the facts set forth in the foregoing Answer to Plaintiff's Complaint with New Matter and that the facts set forth therein are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities Allen Kauffman VERIFICATION I,gjyL? Qdc?; ( ?7hereby state that I am a representative of WFM Transport, Inc. in connection with this matter, that I have reviewed the facts set forth in the foregoing Answer to Plaintiff's Complaint with New Matter and that the facts set forth therein are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities fame: -?A M I E 1? . ?uw itle: C fA d C41CL d?G a2S r?'l i'%?r>?V?C CERTIFICATE OF SERVICE I, Leonard A. Windish, hereby certify that a true and correct copy of the foregoing Answer was served upon the following on May _C? 2012: Keith Levinson, Esquire 1730 Welsh Road Philadelphia, PA 19115 LEONARD A. WINDISH DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants `- s i r)i .Jr? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, WFM Transport, Inc. and Allen J. Kauffinan, intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: °j 2 DEAN E. WEISGOLD, P.C. BY: Dean . Weisgold, Esquire Defendants, WFM Transport, Inc. and Allen J. Kauffinan DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. no objection to the subpoena has been received, and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: S I , I t- DEAN E. WEISGOLD, P.C. BY: kl,'? Dean E. Weisgold, Esquire, Attorney for Defendants, WFM Transport, Inc. and Allen J. Kauffinan DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Jeffrey A. Sklar, DC 1837 Norristown Road Maple Glen, PA 19002 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents, notes, correspondence, medical records, MRI or x-ray films, reports or bills relating to Robert A. Smith, Social Security Number 177-64-6978, date of birth 1/8/69. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorney for Defendants, WFM Transport, Inc. and Allen J. Kauffinan 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorney I.D. No. 52927 Date BY THE COURT: (Prothonotary) DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 TO: Jeffrey A. Sklar, DC 1837 Norristown Road Maple Glen, PA 19002 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 1, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. DATE: DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorneys for Defendants ROBERT SMITH ND C0U 1T COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, WFM Transport, Inc. and Allen J. Kauffinan, intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffman DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. no objection to the subpoena has been received, and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffinan DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Andrew Berkowitz, MD 725 Lisa Circle Huntingdon Valley, PA 19006 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents, notes, correspondence, medical records, MRI or x-ray films, reports or bills relating to Robert A. Smith, Social Security Number 177-64-6978, date of birth 1/8/69. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffman 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorney I.D. No. 52927 Date BY THE COURT: (Prothonotary) DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 TO: Andrew Berkowitz, MD 725 Lisa Circle Huntingdon Valley, PA 19006 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. DATE: DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 ours t?NIA NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, WFM Transport, Inc. and Allen J. Kauffman, intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: (DEAN E. WEISGOLD, P.C. BY: Dea*E.Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffinan DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. no objection to the subpoena has been received, and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 5- )15 I IZ- DEAN E. WEISGOLD, P.C. BY: 1AM V?' Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffman DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire L D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Carlisle Regional Medical Center 361 Alexander Spring Drive Carlisle, PA 17013 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents, notes, correspondence, medical records, MRI or x-ray films, reports or bills relating to Robert A. Smith, Social Security Number 177-64-6978, date of birth 1/8/69. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffinan 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorney I.D. No. 52927 Date BY THE COURT: (Prothonotary) DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL TO: Carlisle Regional Medical Center 361 Alexander Spring Drive Carlisle, PA 17013 Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. DATE: DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH T'It Attorneys for Defendap? y C OUNTV' of ",t a s? 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, WFM Transport, Inc. and Allen J. Kauffman, intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: -s I-d Irl- DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffinan DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. no objection to the subpoena has been received, and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: S k I I'- DEAN E. WEISGOLD, P.C. BY: l1 (/W Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffman DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Concentra Medical Center 2010 Levick Street Philadelphia, PA 19149 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents, notes, correspondence, medical records, MRI or x-ray films, reports or bills relating to Robert A. Smith, Social Security Number 177-64-6978, date of birth 1/8/69. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffman 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorney I.D. No. 52927 Date BY THE COURT: (Prothonotary) DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL : NO. 12-2213 TO: Concentra Medical Center 2010 Levick Street Philadelphia, PA 19149 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on - have been produced. DATE: DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendant' -' T ,I, r ,r r ;•1 ff•ry tr ,: ?l1Lr oT ? tJC V`4 4Y;Ai iu I! COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, WFM Transport, Inc. and Allen J. Kauffinan, intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: 1111 a- _ DEAN E. WEISGOLD, P.C. BY: 04-t- ?? Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffman DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, no objection to the subpoena has been received, and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Dater (Z- DEAN E. WEISGOLD, P.C. BY: b?? (&-? Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffinan DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Keystone Pain Management and Wellness 6334 Germantown Avenue Philadelphia, PA 19144 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents, notes, correspondence, medical records, MRI or x-ray films, reports or bills relating to Robert A. Smith, Social Security Number 177-64-6978, date of birth 1/8/69. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffman 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorney I.D. No. 52927 Date BY THE COURT: (Prothonotary) DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927, 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 TO: Keystone Pain Management and Wellness 6334 Germantown Avenue Philadelphia, PA 19144 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 1, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. DATE: DEAN E. WEISGOLD, P.C. F, .s s, I fi Acttorneys for Defendants By: Dean E. Weisgold, Esquim- f .' Leonard A. Windish, Esquir?q C C .'r i . r s?;:, t I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, WFM Transport, Inc. and Allen J. Kauffinan, intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: SH 12 _ DEAN E. WEISGOLD, P.C. BY: Dean E Weisgold, Esquire, Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffinan DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire 1. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. no objection to the subpoena has been received, and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: DEAN E. WEISGOLD, P.C. BY: b4W M- Dean E. Weisgold, Esquire Defendants, WFM Transport, Inc. and Allen J. Kauffinan DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Germantown Pain Management, LLC 6334 Germantown Avenue Philadelphia, PA 19144 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents, notes, correspondence, medical records, MRI or x-ray films, reports or bills relating to Robert A. Smith, Social Security Number 177-64-6978, date of birth 1/8/69. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffman 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorney I.D. No. 52927 Date BY THE COURT: (Prothonotary) DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire 1. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH : V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL TO: Germantown Pain Management, LLC 6334 Germantown Avenue Philadelphia, PA 19144 Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. DATE: DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 rn ?r?1 cw r-` C) Yom, C NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, WFM Transport, Inc. and Allen J. Kauffman, intend to serve a subpoena the one that is attached to this notice. You have twenty (20) days from the date listed below in file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, subpoena may be served. Date: DEAN E. WEISGOLD, P.C. BY: 94tx- 4't' Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, and Allen J. Kauffman r_ to to DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009 defendants certify that: A notice of intent to serve the subpoena with a copy of the subpoena attached thereto mailed or delivered to each party at least twenty (20) days prior to the date on which subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. no objection to the subpoena has been received, and 4. the subpoena which will be served is identical to the subpoena which is attached to notice of intent to serve the subpoena. Date: _& I -? 1 n, DEAN E. WEISGOLD, P.C. BY:. ?? v Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, Inc. and Allen J. Kauffman DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CRST Malone/Crest International 20 Steel Road South Morrisville, PA 19067 Within twenty (20) days after service of this subpoena, you are ordered by the court to prod following documents or things: the complete personnel, employment and claims file for to Robert A. Social Security Number 177-64-6978, date of birth 1/8/69, including any correspondence, notes, wo compensation documents, incident reports, investigative file, index information, statements, enT applications, disciplinary actions, disability information, medical records, property damage estimat lien information. You may deliver or mail legible copies of the documents or things requested by this sub together with the certificate of compliance, to the party making this request at the address listed You have the right to seek in advance the reasonable cost of preparing the copies or producing the sought. the 's and If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply wi h it. This subpoena was issued at the request of the following person: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorneys for Defendants, WFM Transport, and Allen J. Kauffman 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorney I.D. No. 52927 Date BY THE COURT: (Prothonotary) DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL : TO: CRST Malone/Crest International 20 Steel Road South Morrisville, PA 19067 Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 You are required to complete the following Certificate of Compliance when producing or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certify to the best of my information and belief that all documents or things required to be produced pursuant to the issued on _ have been produced. DATE: ti ED-Uk I ? E 1 -gam H0NOT t 1' ` DEAN E. WEISGOLD, P.C. I OCT I I f 2: k4orneys for Defendants By: Dean E. Weisgold, Esquire ?? 3ERLAUU COUINTY Leonard A. Windish, EsquH I. D. Nos.: 52927; 76460 PENNSYLVANIA 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants, WFM Transport, Inc. and Allen J. Kauffman, intend to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: 911191 1 Z DEAN E. WEISGOLD, P.C. BY: ? VJ Dean E. Weisgold, Esquire Defendants, WFM Transport, Inc. and Allen J. Kauffinan DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, defendants certify that: 1. A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty (20) days prior to the date on which the subpoena is sought to be served, 2. a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, 3. no objection to the subpoena has been received, and 4. the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 10 1 g I I z DEAN E. WEISGOLD, P.C. BY: 4?(P Dean E. Weisgold, Esquire, Attorney for Defendants, WFM Transport, Inc. and Allen J. Kauffman DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL NO. 12-2213 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. George Romano 500 Willow Ave Ambler, PA 19002 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: any and all documents, notes, correspondence, medical records, MRI or x-ray films, reports or bills relating to Robert A. Smith, Social Security Number 177-64-6978, date of birth 1/8/69. You may deliver or mail legible copies of the documents or things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: DEAN E. WEISGOLD, P.C. BY: Dean E. Weisgold, Esquire Attorney for Defendants, WFM Transport, Inc. and Allen J. Kauffman 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 Attorney I.D. No. 52927 Date BY THE COURT: (Prothonotary) DEAN E. WEISGOLD, P.C. By: Dean E. Weisgold, Esquire Leonard A. Windish, Esquire I. D. Nos.: 52927; 76460 1835 Market Street, Suite 1215 Philadelphia, PA 19103 (215) 599-0327 ROBERT SMITH V. WFM TRANSPORT, INC. AND ALLEN KAUFFMAN, ET AL Attorneys for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 12-2213 TO: Dr. George Romanzo 500 Willow Ave Ambler, PA 19002 You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena: CERTIFICATE OF COMPLIANCE WITH SUBPOENA TO PRODUCE DOCUMENTS OR THINGS PURSUANT TO RULE 4009.23 I, certify to the best of my knowledge, information and belief that all documents or things required to be produced pursuant to the subpoena issued on have been produced. DATE: By: Keith Levinson, Esquire Identification No.: 56247 1730 Welsh Road Philadelphia, Pennsylvania 19115 Telephone No.: 215 969-7400 Attorney for Plaintiff Robert Smith v. Allen Kauffman WFM Transpost c-) r..,, G - r COURT OF COMMON R i1 S OF CUMBERLAND CO1 Y N nr No.: 12-2213 ORDER TO SETTLE, DISCONTINUE AND END To the Prothonotary: Kindly mark the above captioned matter Settled, Discontinued and Ended. KEITH LEVINSON, ESQUIRE Attorney for Plaintiff r _-t1 G r) •