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HomeMy WebLinkAbout13-3731 Supreme Colt of :Pennsylvania COur ACOm leas For Prothonotary Use Only: Cr ><1 Cor ShV � et Docket No: County • o The information collected on this faun is used solely- for court administration purposes. This does not supplement or replace the filing and service of pleadings or other papers eis required b lmt or rules c f court. Commencement of Action: S CE Complaint CJ Writ of Summons 0 Petition J Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Equipment Transport, LLC ITI Trailers and Truck Bodies, Inc. T I Are money damages requested? IX, Yes 0 No Dollar Amount Requested: S within arbitration limits (check one) ❑ outside arbitration limits N Is this a Gass Action Suit? a Yes ED No Is this an MDJAppeal? 0 Yes 1x! No A Name of Plaintiff /Appellant's Attorney: Christopher R. Nestor Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Alass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS E .Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment Motor Vehicle ❑ Debt Collection: Other LJ Board of Elections J Nuisance IJ' Dept. of Transportation S Cl Premises Liability 0 Statutory Appeal: Other ❑I Product Liability (does not include mass tort) CJ Employment Dispute: E El Slander/Libel /Defamation Discrimination on 0 Other: J Employment Dispute: Other E - 1 Zoning Board T 0 Other: I Q Other: O MASS TORT 0 Asbestos N ❑ Tobacco 0 Toxic Tort - DES O'Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Ivy Toxic Waste Il Ejectment -1 Common Law /Statutory Arbitration B _i Other: � 1 Eminent Domain /Condemnation Q Declaratory Judgment 0 Ground .Rent 0 Mandamus Landlord /Tenant Dispute Q Non - Domestic Relations J Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY © Mortgage Foreclosure: Commercial f- Quo Warranto -i Dental J Partition ❑ Replevin [l Legal 0 Quiet Title - Other: U Medical Other: J Other Professional: Updated 1/1/2011 Christopher R. Nestor ? : t i JF ",l 27 ; °;; i Pa. I.D. No. 82400 K &L Gates LLP C 1 "'2 E R L. A� H D C 0 wl N T Y 17 North Second Street, 18th Floor 'ENP'sYLVAN1 Harrisburg, PA 17101 -1507 EQUIPMENT TRANSPORT, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVA V. NO. , 3- / 3 tJ I ITI TRAILERS AND TRUCK CIVIL ACTION — LAW BODIES, INC. JURY TRIAL DEMANDED Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 S Q �� 03.75pd a F2�aaaLi�9 AVISO USTED HA SIDO DEMANDADO /A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en 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 INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 Christopher R. Nestor Pa. I.D. No. 82400 K &L Gates LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101 -1507 EQUIPMENT TRANSPORT, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. NO. ITI TRAILERS AND TRUCK CIVIL ACTION — LAW BODIES, INC. JURY TRIAL DEMANDED Defendant. COMPLAINT Plaintiff, Equipment Transport, LLC, by its undersigned attorneys, K &L Gates LLP, files this complaint against ITI Trailers and Truck Bodies, Inc., and avers as follows: PARTIES 1. Plaintiff, Equipment Transport, LLC ( "Equipment Transport"), is a Pennsylvania limited liability company with a principal place of business at 1 Tyler Court, Carlisle, Pennsylvania 17015. 2. Equipment Transport provides trucking and oil and natural gas well site support services, primarily transporting fluids, equipment, and waste materials. One of the services Equipment Transport provides is winch truck services. Winch trucks provide towing and hauling services on and between oil and natural gas well sites. 3. Defendant, ITI Trailers and Truck Bodies, Inc. ( "ITI "), is a Pennsylvania corporation with a principal place of business at 8535 Mason Dixon Highway, Meyersdale, Pennsylvania, 15552. 4. According to ITI's website: ITI designs and manufactures oil field trailers and truck bodies, and over the road trailers and truck bodies. All of our trailers and truck bodies are held to the highest standards of quality and durability. Moreover, we can customize your truck or trailer to suit your operation regardless of whether you need one or one hundred. From the largest dump trailer to the smallest tag along, we never compromise when it comes to craftsmanship. We always use the most trusted parts because our mission is to make sure you get the best truck body or oil field truck trailer possible. ITI Trailers and Truck Bodies will stand the test of time thanks to our emphasis on durability and usability. See http : / /www.itimfg.com /index.html, a copy of which is attached as Exhibit A. 5. According to ITI's website: ITI not only upfits trucks and manufacturers trailers, we also provide complete service and parts for nearly every type of truck and trailer. SERVICE: ITI offers quality and timely service for our customers, We have large service bays and feature state -of -the -art service equipment to keep your operation up and running. We also have an oustanding [sic] service department with trained and experienced professionals that are continually updated on the latest diagnostic tools and techniques. ITI provides service maintenance plans designed to work with your schedule and applications, we even offer pick -up and delivery within a limited service area. But most importantly is our total experience with trucks, bodies and trailers. Because we are a manufacturer and upfitter, the experience we develop each day is passed along to servicing the equipment we build. We can also service and maintain other vehicles in your fleet. 2 PARTS: Being a manufacturer, we stock a large inventory of parts for a large range of trucks, trailers, and custom parts. We understand the need for keeping your operation running and we are dedicated to having the parts you need when you need them. See http: / /www.itimfg.com/parts- service.html, a copy of which is attached as Exhibit B. 6. According to ITI's website, "ITI listens to its customers and provides a product to meet their needs." See http: / /www.itimfg.com /ITI - trailers.html, a copy of which is attached as Exhibit C. VENUE 7. Venue with respect to this matter is proper in the Cumberland County Court of Common Pleas in that it is the county where the causes of action arose, a county in which ITI regularly conducts business, and the county where the transactions or occurrences took place out of which the causes of action arose. BACKGROUND 8. Power take -offs devices, or "PTOs," are mechanical gearboxes that attach to apertures provided on truck transmissions and are used to transfer the power of a vehicle engine to auxiliary components, such as a hydraulic pump or winch. 9. In July 2012, Equipment Transport contracted with ITI for the sale and installation of a PTO on a 2013 Peterbilt Winch Truck owned by Equipment Transport, VIN #1XPWP4EX3DD187735 ( "Truck No. 107 "). A copy of ITI Invoice No. 19279, dated July 13, 2012, for the sale and installation of the PTO on Truck No. 107 is attached hereto as Exhibit D. 10. In July 2012, ITI installed the PTO purchased by Equipment Transport from ITI on Truck No. 107. 3 11. Equipment Transport paid ITI Invoice No. 19279 in full on or about August 15, 2012. A copy of the check stub for Equipment Transport's payment of Invoice No. 19279 is attached hereto as Exhibit E. 12. In August 2012, Equipment Transport contracted with ITI for the sale and installation of a PTO on a 2013 Peterbilt Winch Truck owned by Equipment Transport, VIN #1XPWP4EX5DD187736 ( "Truck No. 108 "). A copy of ITI Invoice No. 19607, dated August 13, 2012, for the sale and installation of the PTO on Truck No. 108 is attached hereto as Exhibit F. 13. In August 2012, ITI installed the PTO purchased by Equipment Transport from ITI on Truck No. 108. 14. Equipment Transport paid ITI Invoice No. 19607 in full on or about September 21, 2012. A copy of the check stub for Equipment Transport's payment of Invoice No. 19607 is attached hereto as Exhibit G. 15. In November 2012, the PTO purchased from, and installed by, ITI on Truck No. 107 failed and caused substantial damage to Truck No. 107's transmission. 16. Equipment Transport had the resulting damage to Truck No. 107 inspected and repaired by Hunter's Truck Sales & Services ( "Hunter's ") in Butler, Pennsylvania. As set forth in the attached invoice from Hunter's, Hunter determined that the PTO purchased from, and installed by, ITI on Truck No. 107 failed and caused substantial damage to Truck No. 107's transmission. The total repair bill for the damage to Truck No. 107 caused by the failed PTO purchased from, and installed by ITI, was $18,189.14, which was paid in full by Equipment Transport. See Exhibit H. 4 17. In addition to its out -of- pocket repair costs, Equipment Transport lost $13,500.00 in revenues during the 10 business days that Truck No. 107 was down for repairs for the damage caused to it by the failed PTO purchased from, and installed by, ITI. 18. At the time the damage to Truck No. 107 caused by the failed PTO purchased from, and installed by, ITI occurred, Truck No. 107 had been driven only 17,233 miles, which is far too soon for a properly manufactured, selected and installed PTO to fail. See Exhibit H. 19. In November 2012, and in order to avoid damage to Truck No. 108 similar to that which occurred to Truck No. 107, Equipment Transport had the PTO purchased from, and installed by, ITI in Truck No. 108 inspected at Phillips Garage in Hallstead, Pennsylvania, where the truck was located. 20. Phillips Garage determined that the PTO purchased from, and installed by, ITI on Truck No. 108 required a new gasket. The total charge for this repair work was $154.75, which was paid in full by Equipment Transport. A copy of the invoice from Phillips Garage for the repair work to Truck No. 108 is attached hereto as Exhibit I. 21. Before contracting with ITI for the sale and installation of the PTOs on Truck Nos. 107 and 108, Equipment Transport had communications with ITI regarding the reasons it was purchasing the PTOs, the PTOs specifications, the need for PTOs that would meet Equipment Transport's specified business needs, and the need for PTOs that were compatible with, and proper for, Truck Nos. 107 and 108. ITI represented to, and assured, Equipment Transport that ITI could supply and equip Truck Nos. 107 and 108 with the needed PTOs. 22. Equipment Transport relied upon the representations, assurances and advertised expertise of ITI when it contracted with ITI for the sale and installation of the PTOs on Truck Nos. 107 and 108. 5 23. Equipment Transport has demanded payment from ITI for the damages it has incurred as result of the PTOs purchased from ITI and installed by ITI on Truck Nos. 107 and 108. 24. Any conditions precedent with respect to the commencement and continuation of this action have been fulfilled, satisfied and /or waived. COUNT I BREACH OF CONTRACT 25. The averments of the preceding paragraphs are incorporated herein by reference as though fully restated. 26. Equipment Transport and ITI entered into contracts for the purchase and subsequent installation of PTOs on Truck Nos. 107 and 108 that would meet Equipment Transport's specified business needs and that were compatible with, and proper for, Truck Nos. 107 and 108. 27. The provision of PTOs that would meet Equipment Transport's specified business needs, and the need for PTOs that were compatible with, and proper for, Truck Nos. 107 and 108, were conditions of the contracts. 28. The proper installation of the PTOs was a condition of the contracts. 29. ITI was aware of the need for the specific PTOs and undertook to sell the PTOs to Equipment Transport and install the PTOs on Truck Nos. 107 and 108. 30. ITI breached the contracts by: (i) selling to Equipment Transport PTOs for Truck Nos. 107 and 108 that failed to meet Equipment Transport's specified business needs and/or that were not compatible with, and proper for, Truck Nos. 107 and 108; (ii) failing to install PTOs on Truck Nos. 107 and 108 PTO that would meet Equipment Transport's specified business needs and/or that were compatible with, and proper for, Truck Nos. 107 and 108; and/or (iii) improperly installing the PTOs on Truck Nos. 107 and 108. 6 31. As a direct and proximate result of ITI's breaches of its contracts with Equipment Transport, substantial damage occurred to Truck Nos. 107 and 108. 32. As a direct and proximate result of ITI's breaches of its contracts with Equipment Transport, Equipment Transport paid $18,189.14 to repair Truck No. 107, paid $154.75 to repair Truck No. 108, and lost $13,500.00 in revenues during the 10 business days that Truck No. 107 was down for repairs. WHEREFORE, Equipment Transport respectfully requests that this Court enter judgment in its favor and against ITI in the amount of $31,843.89, plus applicable pre- and post judgment interest, costs and expenses, and grant such other and further relief as this Court deems just and proper. COUNT II BREACH OF WARRANTIES 33. The averments of the preceding paragraphs are incorporated herein by reference as though fully restated. 34. To the extent the allegations and /or claims set forth in this Count II are inconsistent with the allegations and/or claims set forth in the preceding Count I, then Count II is plead in the alternative. 35. In selling the PTOs to Equipment Transport for Truck Nos. 107 and 108, and subsequently installing them, ITI expressly and /or impliedly warranted that the PTOs were fit for the particular and ordinary purposes for which they were intended and that the PTOs were of good and merchantable quality. 36. At the time of the purchases, ITI was aware of the fact that Equipment Transport needed PTOs on Truck Nos. 107 and 108 that would meet Equipment Transport's specified business needs and that were compatible with, and proper for, Truck Nos. 107 and 108. 7 37. At the time of the purchases, ITI represented to, and assured, Equipment Transport that the PTOs purchased and subsequently installed on Truck Nos. 107 and 108 would meet Equipment Transport's specified business needs and were compatible with, and proper for, Truck Nos. 107 and 108. 38. ITI held itself out has having specialized knowledge and skill regarding the proper selection of PTOs for Truck Nos. 107 and 108, as well as in their subsequent installation. 39. The PTOs that were sold by ITI, and installed on Truck Nos. 107 and 108, failed in only a matter of months of ordinary use and substantially damaged the trucks and Equipment Transport's business, thus demonstrating that the PTOs were not fit for the particular and ordinary purposes for which they were intended and were not of good and merchantable quality. 40. Equipment Transport gave prompt and reasonable notice to ITI that the PTOs that ITI sold to Equipment Transport, and installed on Truck Nos. 107 and 108, failed and substantially damaged the trucks and Equipment Transport's business, but ITI has failed and refused to reimburse Equipment Transport for the aforesaid damage. 41. As a direct and proximate result of the foregoing breaches of warranty, substantial damage occurred to Truck Nos. 107 and 108. 42. As a direct and proximate result of the foregoing breaches of warranty, Equipment Transport paid $18,189.14 to repair Truck No. 107, paid $154.75 to repair Truck No. 108, and lost $13,500.00 in revenues during the 10 business days that Truck No. 107 was down for repairs. WHEREFORE, Equipment Transport respectfully requests that this Court enter judgment in its favor and against ITI in the amount of $31,843.89, plus applicable pre- and post judgment 1 8 interest, costs and expenses, and grant such other and further relief as this Court deems just and proper. COUNT III NEGLIGENCE 43. The averments of the preceding paragraphs are incorporated herein by reference as though fully restated. 44. To the extent the allegations and /or claims set forth in this Count III are inconsistent with the allegations and /or claims set forth in the preceding Counts I and II, then Count III is plead in the alternative. 45. At all times material hereto, ITI owed a duty to Equipment Transport to exercise due care and caution in selecting and installing the PTOs so as to avoid harming or damaging Equipment Transport's property. 46. Notwithstanding the aforesaid duty and in breach thereof, ITI committed one or more of the following negligent acts or omissions: a. Failing to exercise reasonable care in the selection and installation of the PTOs on Truck Nos. 107 and 108; b. Failing to comply with applicable industry standards in the selection and installation of the PTOs on Truck Nos. 107 and 108; c. Failing to property and adequately supervise and direct its agents, servants, employees and /or subcontractors in the selection and installation of the PTOs on Truck Nos. 107 and 108; d. Negligently hiring, retaining and/or subcontracting with unqualified individuals and/or entities relative to the selection and installation of the PTOs on Truck Nos. 107 and 108; e. Failing to inspect, or properly inspect, the installation of the PTOs on Truck Nos. 107 and 108; f. Causing or allowing the damage to occur to Truck Nos. 107 and 108; 9 g. Failing to hire competent employees and /or subcontractors; h. Representing to Equipment Transport that the installation of the PTOs on Truck Nos. 107 and 108 was done in a safe, proper and workmanlike manner; i. Failure to take all necessary and reasonable precautions and actions to minimize the potential risk of damage to Truck Nos. 107 and 108; and j. Such other and further acts that may be discovered during the pendency of this matter. 47. As a direct and proximate result of the foregoing negligent, careless, and/or improper acts or omissions of ITI, substantial damage occurred to Truck Nos. 107 and 108. 48. As a direct and proximate result of the damage caused by the negligent, careless, and /or improper acts or omissions of ITI, Equipment Transport paid $18,189.14 to repair Truck No. 107, paid $154.75 to repair Truck No. 108, and lost $13,500.00 in revenues during the 10 business days that Truck No. 107 was down for repairs. WHEREFORE, Equipment Transport respectfully requests that this Court enter judgment in its favor and against ITI in the amount of $31,843.89, plus applicable pre- and post judgment interest, costs and expenses, and grant such other and further relief as this Court deems just and proper. Respectfully submitted by, Date: June 26, 2013 hristopher R. Nestor christopher.nestor @klgates.com Pa. I.D. No. 82400 K &L Gates LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101 -1507 (717) 231 -4500 (tel.) (717) 231 -4501 (fasc.) Counsel for Plaintiff, Equipment Transport, LLC 10 VERIFICATION The undersigned, Brandon Hall, hereby deposes and states that: 1. I am the Vice President of Finance of Equipment Transport,. LLC, and I am authorized to make this Verification on behalf of the company; 2. The facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief; 3. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Date: ( P 3 Name: Brandon Brandon Hall, Vice President of Finance Equipment Transport, LLC EXHIBIT A Trailers Truck Bodies - truck body manufacturer - oilfield trucks vacuum trucks - dump b... Page 1 of 2 ITI Trailers & Truck Bodies Oilfield Trucks Equipment - Vacuum Trucks - Dump Bodies - Trailers Located in Southwestern Pennsylvania, ITI designs and manufactures oil field trailers and truck bodies, and over the road trailers and truck bodies. All of our trailers and truck bodies are held to the highest standards of quality and durability. Moreover, we can customize your truck or trailer to suit your operation regardless of whether you need one or one hundred. From the largest dump trailer to the smallest tag along, we never compromise when it comes to craftsmanship. We always use the most trusted parts because our mission is to make sure you get the best truck body or oil field truck trailer possible. ITI Trailers and Truck Bodies will stand the test of time thanks to our emphasis on durability and usability. Oilfield Trucks & Trailers: 3 `` 12 Volt Electric Valve Heater Our oil field trucks and trailers are built to Y g � 1 � ITI offers an electric valve heater for use on get the job done under the toughest N trucks and trailers to prevent pipes and .conditions. x �7 ' valves from freezing . I Il I Vacuum Trucks & Trailers: Stake Bed Bodies: I ^w Our vacuum trucks and trailers maximize From versatile aluminum bodies to highly :load capacity while minimizing the time it . specialized brush trucks, we custom build - takes to get the job done. stake bed bodies for all applications. Dump Bodies & Trailers: f � Steel Flatbed Trailers: Making the unloading process as efficient We have a variety of over the road flatbed =as possible, w offer a range of dump trailers to help you transport everything bodies and tra ilots for your operation. 99 from the largest loads to the smallest. Oilfield Equipment: Parts & Service: u " From dog houses to free tanks, we offer the ITI not only manufactures trailers and truck highest quality oil field equipment to make bodies, we also provide complete service r your job as easy as possible. and parts for most every buck and trailer. Trade Show & Events Schedule: " " "' Custom Metal Fabrication: Visit ITI Trailers and Truck Bodies at an Our experience In metal fabrication and upcoming trades show or event. Click to °; welding allows us to offer a complete range view our schedule. { p of custom metal fabrication services and i capabilities. For more Information about our trailers, truck bodies and oilfield trucks and vacuum trucks call 11- 888. 6340080 or click here to contact us. Home Oilfield Trucks & Trailers Oilfield Equipment Vacuum Trucks & Trailers Stake Bodies Dump Bodies & Trailers Steel Flatbed Trailers Specialty Equipment Custom Metal Fabrication Parts & Service Company Information Contact Us Request Quote Site Map Login c: 2011 ITI Toilers and truck Bodies. Inc. 8535 M—n Dixon Hwy P O Box 59 Meyersdale, PA 15552 Phone: 814.834 -0080 Fax: 814 -e:i4 5846 Toil Free: 888- 634 -0080 http : / /www.itimfg.com /index.html 5/17/2013 Trailers Truck Bodies - truck body manufacturer - oilfield trucks vacuum trucks - dump b... Page 2 of 2 Browse Our Entire Online Inventory TRUCKS TRAILERS & EQUIPMENT t Municipal Dump Trucks & Road Maintenance WW— .. .,..'s k. „ ., _ .. .. Vacuum Trucks r ITI TRAILERS �n T: q t �r TRUCK BODIES �x on Nela b ira0ero �����r�" VV ••. Dum _Tr4ue�a http : / /www.itimfg.com /index.html 5/17/2013 EXHIBIT B Trailers & Truck Bodies - Parts and Service - ITI trailer and body parts and service Page 1 of 2 ITI Trailers - Truck Bodies Service & Parts ITI not only upfits trucks and manufacturers trailers, we also provide complete service and parts for nearly every type of truck and trailer. SERVICE: ITI offers quality and timely service for our customers, We have large service bays and feature state -of- the -art service equipment to keep your operation up and running. We also have an oustanding service department with trained and experienced professionals that are continually updated on the latest diagnostic tools and techniques. ITI provides service maintenance plans designed to work with your schedule and applications, we even offer pick -up and delivery within a limited service area. But most importantly is our total experience with trucks, bodies and trailers. Because we are a manufacturer and upfitter, the experience we develop each day is passed along to servicing the equipment we build. We can also service and maintain other vehicles in your fleet. PARTS: Being a manufacturer, we stock a large inventory of parts for a large range of trucks, trailers, and custom parts. We understand the need for keeping your operation running and we are dedicated to having the parts you need when you need them. Featured Item: ITI's 12 Volt Electric Valve Heater ml . Draws 17 amps . 1500 Surface Temperature . 32 Sq. inch heating coverage . Easy to install in trucks or trailers . Retro fitting Click For More Information Home Oilfield Trucks & Trailers Oilfield Equipment Vacuum Trucks & Trailers Stake Bodies Dump Bodies & Trailers Steel Flatbed Trailers Specialty Equipment Custom Metal Fabrication Parts & Service Company Information Contact Us Request Quote Site Map ,e, 2010 ITI Traders and Truck Bodes, Inc. 8535 Mason Dixon Huy P O. Boz 59 Rfeyersoale. PA 15552 Phone: 814 -834 -0080 Fax. 814 - 6345846 Toll Free: 888 - 634 -0080 http: / /www.itimfg.com /parts- service.html 5/17/2013 Trailers & Truck Bodies - Parts and Service - ITI trailer and body parts and service Page 2 of 2 Browse Our i Entire Online Inventory TRUCKS TRAILERS & EQUIPMENT Click To Viow Contact Us gq.i.L'1pM s i'a -. -•. Ou b �Gtl ea - _.,a., VacUUfi T(11Ck5 ITI "i RAILERS V & TRUCK BODIES uu vein vuukq a Trmiu,s `- Uun �raue� • http: / /www.itimfg.com /parts- service.htm1 5/17/2013 EXHIBIT C Trailer Manufacturer - ITI Truck Bodies & Trailer Manufacturer Page 1 of 2 ITI Trailers & Truck Bodies Manufacturer Company Information ITI Trailers and Truck Bodies Manufacturing facility is located on a 7 -acre parcel of land at 8538 Mason Dixon Highway in Meyersdale, Pennsylvania. We are located along US route 219 between the PA turnpike and interstate 68 in Maryland. We are just 2 hours from Pittsburgh, 3 hours from Baltimore, 6 hours from New York, and 10 hours to the New England market. ITI listens to its customers and provides a product to meet their needs. With the expertise of the work force we can customize any trailer or truck body unit to meet a specific need verses (unlike) our competitors who build a standard trailer and truck body product. We are able to provide competitive pricing because of a knowledgeable staff, the combined purchasing power of manufacturing and parts. We manufacture a complete line of trailers and truck bodies Including: • Oilfield Trucks • Oilfield Trailers • Winch Tractors • Pole Trucks • Vacuum Trucks & Vacuum Tank Trailers • Municipal Trucks • Brush Trucks & Special Operation Vehicles • Municipal Snow Plow Trucks • Double and Single Drop Trailers • Steel Dump Bodies & Aluminum Dump Bodies • Septic Vacuum Trucks • Float Trailers • Flat Bed Trailers We also provide service and parts for all trailers and truck bodies We also provide maintenance programs Home Oilfield Trucks & Trailers Oilfield Equipment Vacuum Trucks & Trailers Stake Bodies Dump Bodies & Trailers Steel Flatbed Trailers Specialty Equipment Custom Metal Fabrication Parts & Service Company Information Driving Directions & Maps Internet Privacy Policy Trade Show & Events Contact Us Request Quote Site Map '4 1 2010 ITI Trailers and Truck Bodies, Inc.. 8535 Mason Dixon Hwy P.O. Box 59 Mayersdale, PA 15552 Phone: 814- 614 -0080 Fax: 814 634 -5846 Poll Free: 888 -634 -0080 http: / /www.itimfg.com /ITI - trailers.html 5/17/2013 Trailer Manufacturer - ITI Truck Bodies & Trailer Manufacturer Page 2 of 2 Browse Our Entire Online Inventory ITI TRAILERS r„ & TRUCK BODIES tlfl Flwln Tmcks6 Trail era $ Ou x,nQ, http: / /www.itimfg.com/ITI- trailers.html 5/17/2013 r EXHIBIT D 1 "s3y t iaJ,u �. iltl t 1 7 I '4 4 11 l o; ^;. 10 PO I ' TS i e-': sty 1 4- 5539 l'it; _ _ _ ____ -•. � � �.'. n `G,,..� � -` - -- _.....__ _ ---• Ge:, �r`- ;,�,�'__ _.— ......— _' _ i!•'' 4� Fr r E�:�.� � r.r 1:'3114 IS, I. ;rr:mi TPur `5,5e " "� ve 5:,535 "P X . ; PSTZ..RBILT 'IIIS P I CA 5E TA... Q.C•7l1 "ti ��A-, "'.Ii..... � . ,... -r ...`.x.11; _:, :'+��;a E:.S•�u'?4 t..5'1':� s?:$it3�Li i�4.75� V3 Sale? Ta (0.0%) I^ 9C Total $0,7 --5 3 Due - 94 ? 7 {:.00 EXHIBIT E EQUIPMENT TRANSPORT LLC 7510 ITI Trailers and Truck Bodies, Inc. 8/15/2012 Dat?. Type Reference Original Amt_ Balance Due Discount Payment 8/3/2012 Bill 49,755.00 49,755.00 49,755.00 Check Amount 49,755.00 M &T Business Checki inv 19279 49,755.00 SFSOOiHG -1 REORDER FROM YOUR LOCAL' SAFEGUARD DISTRIBUTOR. IF UNKNOWN, CALL 600 -STJ -2422 HXWPWS0010000 BIISFO04117 @SARGUAB4: cI Reusn sc : tnisktiatH V EXHIBIT F M Trailers and Truck Bodies, Inc.fl1/QICG' 8535 Mason Dixon Hwy. pate I # } Meyersdale PA 1 SS52 MA LING .ADDRESS CHANGE: 8/13/2012 14607 ! # NO PO BOX E ! USE STREET ADDRESS Office 888 - 6344080 Fax 814- 634 -.5846 ONLY t Phone 877-634 Fax 814- 634 -5584 r i Bill To Ship To ( EQUIPMENT TRANSPORT LLC 1481 NEW VILLE ROAD CARLISLE, P� 17015 i i .0. Number { Terms Rep Ship Via F.O.B. Project DUE ON COMPLETI... LL 8/13/2032 Q 'arrtity Item Cade Description U/M Price Each Amount 1 120415 100K WINCH i 68,585.00 68,585.00 3 2013 PETERBILT s VIN: IXPWP4EX5DDI87736 s � �I f. EXCISE TAX FEDERAL EXCISE TAX 8,230.20 8,230.20 1 1 I PAYMENT DOWN PAYMENT CK 4 6774 - 12,500.00 = 12;500.00 ( i i 7 i i 1 i d 3 Subtotal $64,315.20 i f Safes Tax (0.0 %) $0.00 Total $64,31520 i Payments /Credits $0.00 Balance Due $64,315.20 i 1 ( ( d: t EXHIBIT G EQUIPMENT TRANSPORT LLC 7873 I , ITI.Trailers and Truck Bodies, Inc. ! 9/2112012 Date Type Reference Original Amt. Balance Due Discount Payment 9/21/2012 Bill 19607 64,31520 64,315.20 :64,315.20 Check Amount 64,315.20 1 M &T Business Checki - inv 19279 64,315.20- . i SF5007HG -Y - REORDER FROM YOUR LODALSAFEGUARD DIST&ault'OR,IF UNKNOWN, C4LLa00-S23-2422 HXWPWS001000D R11SF004117 .. a shffGUhRD. wHOusA. - stoat aosmin ,r EXHIBIT H nUNixx'S TRUCK SALES & SERVICE MOICE DATE 11/21/2012 11:26AM INVOICE- PAGE HUN TER 519 PITTSBURGH RD. (H515) 1- 1869307 1 MAC 1236 BUTLER PA 16002 A 800- 999 -•7744 28017 * 1* EQUIPMENT TRANSPORT LLC EQUIPMENT TRANSPORT LLC SOLD SHIP C AT TO: 1 TYLER COURT TO' 1 TYLER COURT CARLISLE PA 17015 CARLISLE PA 17015 P. C. GUSMWR REFEREMM NO. 10640 184462 717 254 -6731 AR 000 000 TERMS: (00) NET 10TH Promised Date: ASAP Estimate: Driver Name: Phone Number: COMPLETION DATE: 11/14/2012 UNIT: 107 YEAR: 2013 MAKE /MODEL: PBT /388 SERIAL: 1XPWP4EX3DD187735 MILEAGE: 1,7233 Delivery Date: Eng. Type /Cpl: Eng. Serial: Trans Mod.: Trans. Ser.: RR Md. /Ser FW: RR Md. /Ser. Rr: Ratio: OPR #01 27 000 00 MISC MAIN TRANSMISSION SERIAL # COMPLAINT-- TRANSMISIION LEAKING FLUID POSSIBLE PTO ISSUES C- INSPECT AND FOUND ACTUATOR ON PTO BROKE AND ALL FLUID LEAKED OUT OF TRANSMISSION CAUSING EXCESSIVE DAMAGE. C -TOW TRUCK INTO SHOP AND REMOVE DRIVESHAFT, FLOOR PAN, SHIFTER, PTO, PUMP, AND ALL TRANSMISSION LINES AND ACCESSORIES..UNBOLT AND REMOVE TRANSMISSION. INSPECT AND FOUND EXCESSIVE DAMAGE TO TRANSMISSION. SWAP ALL NEEDED ITEMS TO NEW TRANSMISSION AND INSTALL.INSTALL NEW PTO AND HOOK UP ALL LINES AND ACCESSORIES. REINSTALL FLOOR PAN AND SHIFTER AND RECONNECT DRIVELINE. INSTALL NEW PTO LIGHT SWITCH AND HOOK UP. FILL WITH NEW OIL, STEAM CLEAN, ROAD TEST, AND CHECK -OK. 1 P3 TA- E63- 12XEXCH TRANSMISSION -R $26272.01 EXC 12995.99EA* 12995.99 1 P3 TA- E63- 12XEXCH -Cl 4350.00RA 4350.00 TRANSMISSION- RTLO2091BE CHG 1 NI FUL4304827 ELEMENT $31.99 17.05EA 17.05 1 MC 828SU6809QIEX PTO $3888.82 BIL 2722.17EA 2722.17 (REF: 129934.00) 1 DYF 1468X4X6FTG FTG- RE, #4J844 TO #6MNP $4.62 2.40EA 2.40 *CONTINUED* Myw w9as anftprnfudwWhereby e madebyMememde�ser .Thesetlerheraty'argsseay mee diadatmee�vwnmdkq eBhBre�feSBBd vlmp0ed, iuLdFg arty lmpflsd wanmdgdm orimrmefor epattaAarpiapdsg and me sdlerrrsdlfer esarsfes nsrae0foimae errydharperasn la aswme krltesY fm6gNfa aameNm wtlh tlrosab dada pmdudt MymNfAdon ®tdned hereto does ndeppy proldblmd bi'leac CUSMsescxmuwe Q AA.VV0. oAUzo Cc SLSKVI(JS INMCE DATE 11/21/2012 11:26AN HUNTER 5 19 PITTSBURGH RD. (H515) 1- 1869307 2 SiNCE raja BUTLER PA 16002 CU SMMER 800- 999 -7744 28017 * 1* EQUIPMENT TRANSPORT LLC EQUIPMENT TRANSPORT LLC SOLD SHIP AT TO: 1 TYLER COURT TO: 1 TYLER COURT CARLISLE PA 17015 CARLISLE PA 17015 10640 184462 (717) 254 -6731 AR 000 000 jaciboom 20 AA BT4S -M0 CABLE TIE $0.45. 0.27EA 5.40 1 MC 1IT36865 SEAL $24.54 BIL 17.18EA 17.18 (REF: 130011.00) UPS CHARGE 6.99 1 PP 329202X SWITCH - INDICATOR $18.90 16.06EA 16.06 1 -P3 TA- E63- 12XEXCH -Cl 4350.00EA 4350.00 - TRANSMISSION- RTLO20918B RET 50W SYN 139.20 SUPPLIES MATRIX 18.00 UPS CHARGE 30.90 Employee(s) on above Opr: 00332 00165 00405 MISC SUBTOTAL 195.09 PARTS SUBTOTAL 15776.25 LABOR SUBTOTAL 1692.80 ** OPR SUBTOTAL 17664.14 OPR #02 45 500 02 CUMMINS ENGINE WARRANTY REPAIR 03 (N) - CUMMINS WARRANTY RECEIVABLES CAMPAIGN - 1262 - ECM UPDATE' C- PERFORM CAMPAIGN #C1262. REPLASH ECM FROM VERSION CK10105'.15 TO .24 Employee(s) on above Opr: 00405 PARTS SUBTOTAL 0,00 * 0.80 HOURS LABOR SUBTOTAL 79.20 ** OPR SUBTOTAL 0.00 * *Warranty pending Cummins approval of claim ** OPR #03 05 300 11 TOWING — OUTSIDE VENDOR TOW THIS CONDITION IS FOR TOWING CHARGES. TOW BILL 525.00 (REF: 129877 - 00/184462) MISC SUBTOTAL 525.00 PARTS SUBTOTAL 0.00 \ LABOR SUBTOTAL 0.00 ** OPR SUBTOTAL 525.00 ' *CONTINUED* Mywmra p m naesontheodudwWhwoby omomedebye uuwd erLVaS rnswYarlrereby'�roscy , ems msdahw elwarrsntfeq etaiamyressed m Ynpied, Mduding mryMpBadwmrenbmmmamNab®y o.i�msbr Door �m ° w w f,h 06 e ro dsd etls�d�MresaonefnsrauffisAmsmyomapmam�matwns (srCmngbh Rsdcfa Any tlmlleUm�mMainedhmehi door nd ePPh whorePbY law. CUSTOM6tSIO UMM i HUNTHR'S TRUCK SALES & SERVICE INM DATE 11/21/2012 11:26AM INMCE NO. ME H @'E R 519 PITTSBURGH RD. (H515) 1- 1869307 3 SINCE 1928 BUTLER PA 16002 800 -999 -7744 28017 * 1* EQUIPMENT TRANSPORT LLC EQUIPMENT TRANSPORT LLC SOLD SHIP C AI TO. 1 TYLER COURT TO: 1 TYLER COURT CARLISLE PA 17015 CARLISLE PA 17015 0 10640 184462 (717 ) 254 -6731 AR 000 000 *TOTAL PARTS: 15776.25 *TOTAL LABOR: 1692.80 *TOTAL OTHER: 720.09 i U.P.S 6.99 18182.15 PA EXMTP PA .00 18189. L4 NrrywmrmSeam Me{roduasoMh�bY are Mow rae0e bl Ma menu�aer Theae�erheretiy'm�rasafy �� d+deYns Baawmrdle; dMa a4+QSed, �S�l�ad warmryd�atMesatbt apmBaderpepme, mO Ms neitlietamwnea riot elAOtILw MYoSraOeraee to eaemie trBary Seb�ytn aomeaton rEtlr fn wh dwM pmdmia luyFmitatim mim6ied I�eln doa� notappBy rArerePrell@Sed M law. CUSTOMERSfMM EXHIBIT I Phillips Garage INVOICE 21787 State Route 1 I Date Invoice # HaUsteiA PA 18822 11/14/201 75626 BILL TO Equipment Transport, LLC Official Tramac Hydraulic 1 Tyler Court Hammer and Geith Bucket . Carlisle, PA 17015 Dealer. Official Rebuild Center. P.O. # TERMS DUE VEHICLE Net 30 12/14/2012 Truck 108 - ITEM QUANTITY DESCRIPTION RATE AMOUNT Tk: 108 Hrs: 197.2 Miles: 926.7 VIN # 1xP -WP4X 5- DD187736 - Oil 1 Gallon of 50 Wt. Oil. 37.50 37.50 Parts 1 Gasket 2.75. 2.75 Parts 2 Bolts 3.50 3.50 UPS Next Day Air 31 -00 31.00 Labor Labor for draining oil and transmission, 80.00 80.00 installing new gasket for PTO air shaft, and reinstalling oil. POSSIBLE WARRANTY!! Thank you for your business. Subtotal $154.75 Disclaimer of warranties Sales Tax (0.00) $0.00 Any warranties on the products sold are those of the the - ------ MANUFACTUREIL, if any -Seller hereby expressly Total $154.75 :disclaims all warranties either impressed or implied paymentsl including implied warranty or merchantability of fitness for Credits $0.00 a particular purpose. Balance Due $154.75 Phone # Fax # 57M79 -9532 570- 879 -8089 -nw-1 ICE RODIONO ZIRULNIK SHERLOCK & DEMILLE AR Kevin W. Lynch, Esquire 2013 AL 15 N1 2: 25 IDENTIFICATION NO.: 54832 309 Fellowship Road, Suite 330 CUMBERI-AND CO€ 14TY Mt. Laurel, NJ 08054 P IDM S Y LVA N I A 856-778-3220; 856-778-3222 fax Attorney for Defendant, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. NO: L-13-3731 ITI TRAILERS AND TRUCK BODIES, INC., Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my Appearance on behalf of defendant, ITI Trailers and Truck Bodies, Inc., in the above-captioned case. Respectfully submitted, ZIRULNI SHERLOCK & DEMILLE KEVIN YNCH, ESQUIRE Attorney or Defendant ZIRULNIK SHERLOCK & DEMILLE Kevin W. Lynch, Esquire IDENTIFICATION NO.: 54832 309 Fellowship Road, Suite 330 CUMBERLAND COUNTY Mt. Laurel, NJ 08054 PUmsYLVANIA 856-778-3220; 856-778-3222 fax Attorney for Defendant, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. NO: L-13-3731 ITI TRAILERS AND TRUCK BODIES, INC., Defendant : DEMAND FOR TURY TRIAL TO THE PROTHONOTARY: Defendant, ITI Trailers and Truck Bodies, Inc., demands a jury trial consisting of twelve (12) members, in the above-captioned matter. Respectfully submitted, ZIRULNIK SHERLOCK & DEMILLE 41 , 11 &I KEVIN W. MINCH, ESQUIRE Attorney for Defendant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson - r., Sheriff ,LEJ-OV i lu"i Jody S Smith r 1 1 HC P;�OTH0N D fi d`k":- Chief Deputy 2013 JUL 18 Ati : :& Richard W Stewart Solicitor , �. CUMBERLAND LOMT �UCF PEMSYLVAMIA Equipment Transport LLC vs. Case Number ITI Trailers and Truck Bodies 2013-3731 SHERIFF'S RETURN OF SERVICE 07/02/2013 01:45 PM-The requested Complaint&Notice served by the Sheriff of Somerset County upon Jan Firl, Office Manager,who accepted for ITI Trailers and Truck Bodies, at 8535 Mason Dixon Highway, Myersdale, PA 15552. John A. Mankey, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, July 15,2013 RONW R ANDERSON, SHERIFF {c}CountySuite Sheriff,Teieoso#t,Inc. SHERIFF'S RETURN - REGULAR CASE NO: 2013-03731 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SOMERSET EQUIPMENT TRANSPORT LLC VS ITI TRAILERS AND TRUCK BODIES THOMAS MCDOWELL Deputy Sheriff of Somerset County Pennsylvania, who being duly sworn according to law, says the within COMPLAINT was served upon ITI TRAILERS AND TRUCK BODIES the . DEFENDANT -1 at 0013 :45 Hour, on the 2nd day of July . , 2013 at 8535 MASON DIXON HIGHWAY MEYERSDALE, PA 15552 by handing to JAN FIRL-OFFICE MANAGER a true and attested copy of COMPLAINT Somerset County Sheriff Costs . . . . 48 .24 So Answers : John A. Mankey, Sheriff By. bcyputy Sheriff Attorney: K & L GATES LLP Who hereby verifies that the facts set forth above are true and correct, and who acknowledges that this verification is subject to the Pennsylvania Crimes Code relating to unsworn falsification. ATTEMPTS: NOTICE TO PLEAD You are hereby notified to file a ` written response to the enclosed pleading within twenty(20)days ZIRULNIK SHERLOCK &DEMILLE from service hereof or a judgment may be entered against you. BY: Kevin W. Lynch IDENTIFICATION NO.: 54832 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 856-778-3220; 856-778-3222 fax Attorney for defendant, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY `' '- S" ;. . V. NO: L-13-3731 ITI TRAILERS AND TRUCK BODIES, ) INC., x Defendant v ANSWER TO THE COMPLAINT BY DEFENDANT, ITI TRAILERS AND TRUCK BODIES, INC.WITH NEW MATTER Answering defendant, ITI Trailers and Truck Bodies, Inc.,by and through its counsel, Kevin W. Lynch hereby answer the complaint as follows: 1. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of plaintiff's complaint and, therefore, answering defendant denies the allegations and demand strict proof thereof at trial of this case, if relevant. 2. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of plaintiff's complaint and, therefore, answering defendant denies the allegations and demand strict proof thereof at trial of this case, if relevant. 3. Admitted. 4. Denied as stated. The corresponding paragraph of the complaint contains no allegations which require further response. 5. Denied as stated. The corresponding paragraph of the complaint contains no allegations which require further response. 6. Denied as stated. The corresponding paragraph of the complaint contains no allegations which require further response. 7. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of plaintiff's complaint and, therefore, answering defendant denies the allegations and demand strict proof thereof at trial of this case,if relevant. 16. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of plaintiffs complaint and, therefore, answering defendant denies the allegations and demand strict proof thereof at trial of this case, if relevant. 17. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of plaintiffs complaint and, therefore, answering defendant denies the allegations and demand strict proof thereof at trial of this case, if relevant. 18. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of plaintiff's complaint and, therefore, answering defendant denies the allegations and demand strict proof thereof at trial of this case, if relevant, 19. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of plaintiff's complaint and, therefore, answering defendant denies the allegations and demand strict proof thereof at trial of this case, if relevant. 20. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in the corresponding paragraph of plaintiff's complaint and, therefore, answering defendant denies the allegations and demand strict proof thereof at trial of this case, if relevant. 21. Denied as stated. It is generally admitted that plaintiff and answering defendant discussed the work in general. It is denied that any specific warranties were made during the course of the discussions. The remaining allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 22. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 23. Admitted. 24. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. COUNT 25. Answering defendant incorporates by reference the contents of its entire Answer and New Matter as though set forth at length herein. 26. Denied as stated. It is generally admitted that plaintiff and answering defendant discussed the work in general. It is denied that any specific warranties were made during the course of the discussions. The remaining allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 27. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 28. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 29. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 30. Denied. To the extent the allegations of the corresponding paragraph of the complaint are conclusions of law, no response is required. To the extent they are averments of fact directed to answering defendant, they are denied and answering defendant demands strict proof thereof at trial of this case, if relevant. By way of additional response, it is specifically denied the injuries or damages alleged were caused or contributed to by any negligence, carelessness and/or any other liability producing conduct on the part of answering defendant. To the contrary, the injuries and damages alleged, if any, were caused solely as a result of the negligence, carelessness and/or any other liability producing conduct on the part of the plaintiff or other persons and/or parties over which answering defendant had no control or-right of control. Answering defendant performed and met each and every duty and/or obligation required of it and acted with due care under the circumstances at all times. 31. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 32. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. WHEREFORE, answering defendant demands judgment in its favor and dismissal of all claims against i, together with fees and costs and such other relief as the Court may find just. COUNT II 33. Answering defendant incorporates by reference the contents of its entire Answer and New Matter as though set forth at length herein. 34. Denied as stated. The corresponding paragraph of the complaint contains no allegations which require further response. 35. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 36. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 37. Denied as stated. It is generally admitted that plaintiff and answering defendant discussed the work in general. It is denied that any specific warranties were made during the course of the discussions. The remaining allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 38. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 39. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 40. Denied as stated. It is generally aditted plaintiff has made demands regarding the alleged damages. Any allegations of negligence or causation are denied as conclusions of law. 41. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 42. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. WHEREFORE, answering defendant demands judgment in its favor and dismissal of all claims against i, together with fees and costs and such other relief as the Court may find just. COUNT III 43. Answering defendant incorporates by reference the contents of its entire Answer and New Matter as though set forth at length herein. 44. Denied as stated. The corresponding paragraph of the complaint contains no allegations which require further response. 45. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 46. Denied. To the extent the allegations of the corresponding paragraph of the complaint are conclusions of law, no response is required. To the extent they are averments of fact directed to answering defendant, they are denied and answering defendant demands strict proof thereof at trial of this case, if relevant. By way of additional response, it is specifically denied the injuries or damages alleged were caused or contributed to by any negligence, carelessness and/or any other liability producing conduct on the part of answering defendant. To the contrary, the injuries and damages alleged, if any, were caused solely as a result of the negligence, carelessness and/or any other liability producing conduct on the part of the plaintiff or other persons and/or parties over which answering defendant had no control or right of control. Answering defendant performed and met each and every duty and/or obligation required of it and acted with due care under the circumstances at all times. 47. Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. 48, Denied. The allegations of the corresponding paragraph of the complaint contain conclusions of law which require no further response. WHEREFORE, answering defendant demands judgment in its favor and dismissal of all claims against i, together with fees and costs and such other relief as the Court may find just. NEW MATTER By way of further response, answering defendant avers the following New Matter: 1. Answering defendant was not guilty of the negligence complained of. 2. Answering defendant performed each and every duty which it owed, if any, to the plaintiff and acted with due care and complied with all requirements of applicable law. 3. Answering defendant violated no duty or obligation which it owed, if any, to the plaintiff. . 4. The injuries and damages,if any,suffered by the plaintiff were caused solely and proximately by its own negligence at the time and place mentioned in the complaint. 5. The injuries and damages,if any,suffered by the plaintiff were caused solely and proximately by persons not party to this suit over whom answering defendant had no control or right of control. 6. The injuries and damages, if any,suffered by the plaintiff were caused solely and proximately, in whole or in part by the intervening and superseding acts of the plaintiff and third parties over which this defendant had no control. 7. The injuries and damages, if any, suffered by the plaintiff were solely and proximately caused by conditions and circumstances over which answering defendant exercised no control or right of control. 8. Answering defendant avers that plaintiff was guilty of contributory negligence. 9. Answering defendant neither made nor breached any warranties, expressed, implied or otherwise,to plaintiff. 10. Plaintiff's complaint fails to state a claim upon which relief can be granted and answering defendant reserves the right to move to dismiss said complaint and any counts thereof. 11. The injuries or damages suffered by plaintiff, if any, were not actually or proximately caused by any act or omission on the part of answering defendants. 12. Plaintiff has spoliated evidence essential to a determination of the cause of action in the complaint. 13. Plaintiff's recovery may be barred by the applicable Statute of Limitations. 14. Answering defendant is entitled to judgment as a matter of law. Respectfully submitted, ZIRULNI SHER OCK &DEMILLE L KEV N W. LYXCH VERIFICATION I, KEVIN W. LYNCH, hereby state that I am the attorney for defendant, ITI Trailers and Truck Bodies, Inc., in the within action and verify the Answer to plaintiff's complaint based upon my personal knowledge, information and belief. If the foregoing contains averments which are inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but do have knowledge and information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. A verification by the party will be substituted shortly by praecipe. KEVI LYNCH Equipment Transport LLC v.ITI Trailers File No.P-4481 CERTIFICATE OF SERVICE The undersigned certifies that on the August 12, 2013, a true and correct copy of the foregoing was served by electronic filing upon the following parties: Christopher R. Nestor, Esquire K&L Gates 17 North Second Street 18th Floor Harrisburg, PA 17101-1507 ZIRULNIK HE OCK & DEMILLE A. KEVIN W. L H Attorney for de endant a ZIRULNIK SHERLOCK &DEMILLE BY: Kevin W. Lynch IDENTIFICATION NO.: 54832 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 856-778-3220; 856-778-3222 fax Attorney for defendant, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. NO: L-13-3731 p�a5 ITI TRAILERS AND TRUCK BODIES, INC., �' Defendant V. '" MUNCIE POWER PRODUCTS, INC. Additional Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY(20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED,BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEEDWITHOUT 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 M NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed pleading within twenty(20)days ZIRULNIK SHERLOCK &DeMILLE from service hereof or a judgment may be entered against you. BY: Kevin W. Lynch Attorney Identification No. 54832 309 Fellowship Road,Suite 330 Mt. Laurel, New Jersey 08054 (856) 778-3220; (856) 778-3222 fax Attorney for defendant, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. NO: L-13-3731 ITI TRAILERS AND TRUCK BODIES, INC., Defendant V. MUNCIE POWER PRODUCTS, INC. 201 E. Jackson Street, Suite 500 Muncie, IN 47305 Additional Defendant JOINDER COMPLAINT Defendant, ITI Trailers and Truck Bodies, Inc., (hereafter "ITI") by and through its counsel, Kevin W. Lynch hereby files this joinder Complaint against Muncie Power Products, Inc., and in support thereof avers as follows: 1. According to the underlying complaint in this action, plaintiff Equipment Transport, LLC, is a Pennsylvania limited liability company with a principal place of business v at 1 Tyler Court,Carlisle, Pennsylvania 17015. A true and correct copy of plaintiff's complaint is appended hereto as Exhibit"A". 2. Answering defendant, ITI Trailers and Truck Bodies, Inc. is a Pennsylvania corporation company with a principal place of business at 8535 Mason Dixon Highway, Meyersdale, Pennsylvania 15552. 3. Additional defendant, Muncie Power Products, Inc. is an Indiana corporation with a principal place of business at 201 East Jackson Street, Suite 500, Muncie, Indiana 47305. 4. The underlying complaint alleges that plaintiff Equipment Transport, LLC owned two Peterbilt Winch Trucks which were taken to ITI's facility to have power take-off (hereafter, "PTO") units installed. 5. The underlying complaint alleges that one PTO unit failed and damaged the transmission of the Peterbilt Winch Truck in which it was installed. The second Peterbilt was serviced but seemingly did not fail. 6. The underlying complaint alleges that Hunter's Truck Sales &Services in Butler, Pennsylvania determined that the PTO had failed. 7. Defendant, ITI purchased the PTO units from additional defendant Muncie Power Products, Inc. and made no changes to the units prior to installation. -2- COUNT ONE 8. ITI incorporates the preceding paragraphs of this joinder complaint as though set forth at length herein. 9. If it is judicially determined that the PTO unit(s) failed,the failure was not the result of the negligence,carelessness or negligent acts or omissions of defendant, ITI,but rather was caused by the negligence, carelessness or negligent acts or omissions of additional defendant, Muncie Power Products, Inc. 10. ITI denies any and all liability,but if upon judicial adjudication of the within cause of action it is determined that negligence, carelessness or negligent acts or omissions occurred and did in some way lead to the property damage complianed of in the complaint, then Muncie Power Products, Inc. is liable for the said negligence, carelessness or negligent acts or omissions and is alone liable to the plaintiff, or is jointly and severally liable to the plaintiff, or is liable over to ITI for contribution and/or indemnification. WHEREFORE, answering defendant denies liability and demands judgment in its favor and against Muncie Power Products, Inc., together with costs and such other relief as the Court may find appropriate. -3- COUNT TWO 11, ITI incorporates the preceding paragraphs of this joinder complaint as though set forth at length herein. 12. ITI and Muncie Power Products, Inc. entered into an agreement to supply PTO units which would have been compatible with the normal uses of the Peterbilt Winch trucks involved. 13. The underlying complaint alleges that a PTO unit failed and damaged the transmission of the Peterbilt Winch Truck in which it was installed. 14. ITI denies any and all liability, but if upon judicial adjudication of the within cause of action it is determined that the PTO units were defective or were incompatible with installation in a Peterbilt Winch trucks, then Muncie Power Products, Inc. is liable for the said noncompliance and is alone liable to the plaintiff, or is jointly and severally liable to the plaintiff, or is liable over to ITI for contribution and/or indemnification. %WEREFORE, answering defendant denies liability and demands judgment in its favor and against Muncie Power Products, Inc., together with costs and such other relief as the Court may find appropriate. -4- COUNT THREE 15. ITI incorporates the preceding paragraphs of this joinder complaint as though set forth at length herein. 16. In providing the PTO units involved to ITI, Muncie Power Products, Inc. expressly and/or impliedly warranted that the PTO units were fit for the particular and ordinary purposes for which they were intended and that the PTOs were of good and merchantable quality. 17. The underlying complaint alleges that a PTO unit failed and damaged the transmission of the Peterbilt Winch Truck in which it was installed and that ITI breached express and implied warranties with respoect to the PTO units. 18. ITI denies any and all liability, but if upon judicial adjudication of the within cause of action it is determined that the PTO units were defective or were incompatible with installation in a Peterbilt Winch trucks or that any warranties were breached, then Muncie Power Products, Inc. is liable for the said noncompliance and breach and is alone liable to the plaintiff, or is jointly and severally liable to the plaintiff, or is liable over to ITI for contribution and/or indemnification. -5- WHEREFORE, answering defendant denies liability and demands judgment in its favor and against Muncie Power Products, Inc., together with costs and such other relief as the Court may find appropriate. Respectfully submitted, i ZIRULNIK SHERLOCK &DEMILLE KE W. CH, ESQUIRE Attorney for Defendant ITI Trailers and Truck Bodies, Inc. -6- VERIFICATION I, KEVIN W. LYNCH, hereby state that I am the attorney for defendant, ITI Trailers and Truck Bodies, Inc., in the within action and verify the Answer to plaintiff's complaint based upon my personal knowledge, information and belief. If the foregoing contains averments which are inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true,but do have knowledge and information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A verification by the party will be substituted shortly by praecipe. KE IN NCH Equipment Transport LLC v.ITI Trailers File No.P-4481 -7- CERTIFICATE OF SERVICE The undersigned certifies that on the August 13, 2013, a true and correct copy of the foregoing was served by first class and certified mail, return receipt requested upon the following parties: Muncie Power Products, Inc. 201 East Jackson Street Suite 500 Muncie, Indiana 47305 Christopher R. Nestor, Esquire K&L Gates 17 North Second Street 18th Floor Harrisburg, PA 17101-1507 ZIRULNIK SHERLOCK &DEMILLE —ct -i /,Zz KEV N W. NCH Attorney for defendant -9- EXHIBIT "A" SHtrRIF F's OFFICE Christopher R. Nestor 13 JUL —I All 10: 1 o Pa. I.D.No. 82400 • s K&L Gates LLP .Z 17 North Second Street, 18th Floor r;- ) =_ Harrisburg, PA 17101-1507 ; EQUIPMENT TRANSPORT, LLC IN THE COURT OF COMMON PLEAT; :7- = . OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. NO. � ITI TRAILERS AND TRUCK CIVIL ACTION—LAW BODIES, INC. JURY TRIAL DEMANDED Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20)days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any .money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights 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 TARING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AISLE I"0 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 T R U E C017"( FR011J! R—ECORT) in Tcestimony.wi:t-: o(. i hare unto scat my hand and the s—zcl o s<:ic; r i,t cat Carlisle,Pa. This 7day`of L1CL�✓__<20 Prot i ,tart' oQ AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las 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 comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falIa de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclaznaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m'as 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 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle,PA 17013 717-249-3166 00 Christopher R. Nestor Pa, I.D. No. 82400 K&L Gates LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 EQUIPMENT TRANSPORT, LLC : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA V. NO. ITI TRAILERS AND TRUCK CIVIL ACTION—LAW BODIES, INC. . JURY TRIAL DEMANDED Defendant. COMPLAINT Plaintiff, Equipment Transport, LLC, by its undersigned attorneys, K&L Gates I,LP, files this complaint against ITI Trailers and Truck Bodies, Inc,, and avers as follows: PARTIES 1. Plaintiff, Equipment Transport, LLC ("Equipment Transport"), is a Pennsylvania limited liability company with a principal place of business at 1 Tyler Court, Carlisle, Pennsylvania 17015. 2. Equipment Transport provides trucking and oil and natural gas well site support services, primarily transporting fluids, equipment, and waste materials. One of the services n0 Equipment Transport provides is winch truck services. Winch trucks provide towing and hauling services on and between oil and natural gas well sites. 3. Defendant, ITI Trailers and Truck Bodies, Inc. ("ITI"), is a Pennsylvania corporation with a principal place of business at 8535 Mason Dixon Highway, Meyersdale, Pennsylvania, 15552. 4. According to ITI's website: ITI designs and manufactures oil field trailers and truck bodies, and over the road trailers and truck bodies. All of our trailers and truck bodies are held to the highest standards of quality and durability. Moreover, we can customize your truck or trailer to suit your operation regardless of whether you need one or one hundred. From the largest dump trailer to the smallest tag along, we never compromise when it comes to craftsmanship. We always use the most trusted parts because our mission is to make sure you get the best truck body or oil field truck trailer possible. ITI Trailers and Truck Bodies will stand the test of time thanks to our emphasis on durability and usability. See http://www.itimfg.com/index.html, a copy of which is attached as Exhibit A. 5. According to ITI's website: ITI not only upfits trucks and manufacturers trailers, we also provide complete service and parts for nearly every type of truck and trailer. SERVICE: ITI offers quality and timely service for our customers, We have large service bays and feature state-of-the-art service equipment to keep your operation up and running. We also have an oustanding [sic] service department with trained and experienced professionals that are continually updated on the latest diagnostic tools and techniques. ITI provides service maintenance plans designed to work with your schedule and applications, we even offer pick-up and delivery within a limited service area. But most importantly is our total experience with trucks, bodies and trailers. Because we are a manufacturer and upfitter, the experience we develop each day is passed along to servicing the equipment we build. We can also service and maintain other vehicles in your fleet. 2 PARTS: Being a manufacturer, we stock a large inventory of parts for a large range of trucks, trailers, and custom parts. We understand the need for keeping your operation running and we are dedicated to having the parts you need when you need them. See http://www.itimfg.coni/parts-service.htmi, a copy of which is attached as Exhibit B. 6. According to ITI's website, "ITI listens to its customers and provides a product to meet their needs." See http://ran iv.itimfg.conz/ITI-trailers.html, a copy of which is attached as Exhibit C. VENUE 7. Venue with respect to this matter is proper in the Cumberland County Court of Common Pleas in that it is the county where the causes of action arose, a county in which ITI regularly conducts business, and the county where the transactions or occurrences took place out of which the causes of action arose. BACKGROUND. 8. Power take-offs devices, or "PTOs," are mechanical gearboxes that attach to apertures provided on truck transmissions and are used to transfer the power of a vehicle engine to auxiliary components, such as a hydraulic pump or winch. 9. In July 2012, Equipment Transport contracted with ITI for the sale and installation of a PTO on a 2013 Peterbilt Winch Truck owned by Equipment Transport, N.I1N#1XPWP4EX3DD187735 ("Truck No. 107"). A copy of ITI Invoice No. 19279, dated July 13, 2012, for the sale and installation of the PTO on Truck No. 107 is attached hereto as Exhibit D. 10. In July 2012, ITI installed the PTO purchased by Equipment Transport from ITI on Truck No. 107. 3 11. Equipment Transport paid ITI Invoice No. 19279 in full on or about August 15, 2012. A copy of the check stub for Equipment Transport's payment of Invoice No. 19279 is attached hereto as Exhibit E. 12. In August 2012, Equipment Transport contracted with ITI for the sale and installation of a PTO on a 2013 Peterbilt Winch Truck owned. by Equipment Transport, VIN#1XPWP4EX5DD187736 ("Truck No. 108"). A copy of ITI Invoice No. 19607, dated August 13, 2012, for the sale and installation of the PTO on Truck No. 108 is attached hereto as Exhibit F. 13. In August 2012, ITI installed the PTO purchased by Equipment Transport from ITI on Truck No. 108. 14, Equipment Transport paid ITI Invoice No. 19607 in full on or about September 21, 2012. A copy of the check stub for Equipment Transport's payment of Invoice No. 19607 is attached hereto as Exhibit G. 15. In November 2012, the PTO purchased from, and installed by, ITT on Truck No. 107 failed and caused substantial damage to Truck No. 107's transmission. 16. Equipment Transport had the resulting damage to Truck No. 107 inspected and repaired by hunter's Truck Sales & Services ("Hunter's") in Butler, Pennsylvania. As set forth in the attached invoice from Hunter's, Hunter determined that the PTO purchased from, and installed by, ITI on Truck No. 107 failed and caused substantial damage to Truck No. 107's transmission. The total repair bill for the damage to Truck No. 107 caused by the failed PTO purchased from, and installed by ITI, was $18,189.14, which was paid in full by Equipment Transport. See Exhibit H. 4 17. In addition to its out-of-pocket repair costs, Equipment Transport lost$13,500,00 in revenues during the 10 business days that Truck No. 107 was down for repairs for the damage car:sed to it by the failed PTO purchased from, and installed by, ITT. 18. At the time the damage to Truck No. 107 caused by the failed PTO purchased from, and installed by, ITI occurred, Truck No. 107 had been driven only 17,233 miles, which is far too soon for a properly manufactured, selected and installed PTO to fail. See Exhibit H. 19. In November 2012, and in order to avoid damage to 'Truck No. 108 similar to that which occurred to Truck No. 107, Equipment Transport had the PTO purchased from, and installed by, ITT in Truck No. 108 inspected at Phillips Garage in Hallstead, Pennsylvania,where tl:,truck was located. 20. Phillips Garage determined that the PTO purchased from, and installed by, ITT on Truck No. 108 required a new gasket. The total charge for this repair work was $154.75, which was paid in full by Equipment Transport. A copy of the invoice from Phillips Garage for the repair work to Truck No. 108 is attached hereto as Exhibit 1. 21. Before contracting with ITI for the sale and installation of the PTOs on Truck Nos. 107 and 108, Equipment Transport had communications with ITI regarding the reasons it was purchasing the PTOs, the PTOs specifications, the need for PTOs that would meet Equipment Transport's specified business needs, and the need for PTOs that were compatible with, and proper for, Truck Nos. 107 and 108. ITI represented to, and assured, Equipment Transport that I'TI could supply and equip Truck Nos. 107 and 108 with the needed PTOs. 22. Equipment Transport relied upon the representations, assurances and advertised expertise of ITI when it contracted with ITI for the sale and installation of the PTOs on Truck Nos. 107 and 108. 5 23. Equipment Transport has demanded payment from ITI for the damages it has incurred as result of the PTOs purchased from ITI and installed by ITI on Truck Nos. 107 and 108. 24. Any conditions precedent with respect to the commencement and continuation of this action have been fulfilled, satisfied and/or waived. COUNT BREACH OF CONTRACT 25. The averments of the preceding paragraphs are incorporated herein by reference as though fully restated. 26. Equipment Transport and ITI entered into contracts for the purchase and subsequent installation of PTOs on Truck Nos. 107 and 108 that would meet Equipment Transport's specified business needs and that were compatible with, and proper for, Truck Nos. 107 and 108. 27. The provision of PTOs that would meet Equipment Transport's specified business needs, and the need for PTOs that were compatible with, and proper for, Truck Nos. 107 and 108, were conditions of the contracts. 28. The proper installation of the PTOs was a condition of the contracts. 29. ITI was aware of the need for the specific PTOs and undertook to sell the PTOs to Equipment Transport and install the PTOs on Truck Nos. 107 and 108. 30. ITI breached the contracts by: (i) selling to Equipment Transport PTOs for Truck Nos. 107 and 108 that failed to meet Equipment Transport's specified business needs and/or that were not compatible with, and proper for, Truck Nos. 107 and 108; (ii) failing to install PTOs on Truck Nos. 107 and 108 PTO that would meet Equipment Transport's specified business needs and/or that were compatible with, and proper for, Truck Nos. 107 and 108; and/or (iii) improperly installing the PTOs on Truck Nos. 107 and 108. 6 w 31. As a direct and proximate result of ITI's breaches of its contracts with Equipment Transport, substantial damage occurred to Truck Nos. 107 and 108. 32. As a direct and proximate result of ITI's breaches of its contracts with Equipment Transport, Equipment Transport paid $18,189.14 to repair Truck No. 107, paid $154.75 to repair Truck No. 108, and lost $13,500.00 in revenues during the 10 business days that Truck No. 107 was down for repairs. WHEREFORE, Equipment Transport respectfully requests that this Court enter judgment in its favor and against ITI in the amount of$31,843.89, plus applicable pre- and post judgment interest, costs and expenses, and grant such other and further relief as this Court deems just and proper. COUNT II BREACH OF WARRANTIES 33. The averments of the preceding paragraphs are incorporated herein by reference as though fully restated. 34. To the extent the allegations and/or claims set forth in this Count II are inconsistent with the allegations and/or claims set forth in the preceding Count I, then Count II is plead in the alternative. 35. In selling the PTOs to Equipment Transport for Truck Nos. 107 and 108, and subsequently installing them, ITI expressly and/or impliedly warranted that the PTOs were fit for the particular and ordinary purposes for which they were intended and that the PTOs were of good and merchantable quality. 36. At the time of the purchases, ITI was aware of the fact that Equipment Transport needed PTOs on Truck Nos. 107 and 108 that would meet Equipment Transport's specified business needs and that were compatible with, and proper for,Truck Nos. 107 and 108. 7 37. At the time of the purchases, ITI represented to, and assured, Equipment Transport that the PTOs purchased and subsequently installed on Truck Nos. 107 and 108 would meet Equipment Transport's specified business needs and were compatible with, and proper for, Truck Nos. 107 and 108. 38. ITI held itself out has having specialized knowledge and skill regarding the proper selection of PTOs for Truck Nos. 107 and 108, as well as in their subsequent installation. 39. The PTOs that were sold by ITI, and installed on Truck Nos. 107 and 108, failed in only a matter of months of ordinary use and substantially damaged the trucks and Equipment Transport's business, thus demonstrating that the PTOs were not lit for the particular and ordinary purposes for which they were intended and were not of good and merchantable quality. 40. Equipment 'Transport gave prompt and reasonable notice to ITI that the PTOs that ITT sold to Equipment Transport, and installed on Truck Nos. 107 and 108, failed and substantially damaged the trucks and Equipment Transport's business, but ITI has failed and refused to reimburse Equipment*Transport for the aforesaid damage. 41.. As a direct and proximate result of the foregoing breaches of warranty, substantial damage occurred to Truck Nos. 107 and 108. 42. As a direct and proximate result of the foregoing breaches of warranty, Equipment Transport paid $18,189.14 to repair Truck No. 107, paid $154.75 to repair Truck No. 108, and lost $13,500.00 in revenues during the 10 business days that Truck No. 107 was down for repairs. WHEREFORE, Equipment Transport respectfully requests that this Court enter judgment in its favor and against ITI in the amount of$31,843.89, plus applicable pre- and post-judgment 8 a interest, costs and expenses, and grant such other and further relief as this Court deems just and proper. COUNT III NEGLIGENCE 43. The averments of the preceding paragraphs are incorporated herein by reference as though fully restated. 44. To the extent the allegations and/or claims set forth in this Count III are inconsistent with the allegations and/or claims set forth in the preceding Counts I and II, then Count III is plead in the alternative. 45. At all times material hereto, ITI owed a duty to Equipment Transport to exercise due care and caution in selecting and installing the PTOs so as to avoid harming or damaging Equipment Transport's property. 46. Notwithstanding the aforesaid duty and in breach thereof, ITI committed one or more of the following negligent acts or omissions: a. Failing to exercise reasonable care in the selection and installation of the P"I'Os on Truck Nos. 107 and 108; b. Failing to comply with applicable industry standards in the selection and installation of the PTOs on Truck Nos. 107 and 108; c. railing to property and adequately supervise and direct its agents, servants, employees and/or subcontractors in the selection and installation of the PTOs on Truck Nos. 107 and 108; d. Negligently hiring, retaining and/or subcontracting with unqualified individuals and/or entities relative to the selection and installation of the PTOs on Truck Nos. 107 and 108; e. Failing to inspect, or properly inspect, the installation of the PTOs on Truck Nos. 107 and 108; f. Causing or allowing the damage to occur to Truck Nos. 107 and 108; 9 i g. failing to hire competent employees and/or subcontractors; h. Representing to Equipment Transport that the installation of the PTOs on Truck Nos. 107 and 108 was done in a safe, proper and workmanlike manner; i. Failure to take all necessary and reasonable precautions and actions to minimize the potential risk of damage to Truck Nos. 107 and 108; and j. Such other and further acts that may be discovered during the pendency of this matter. 47. As a direct and proximate result of the foregoing negligent, careless, and/or improper acts or omissions of ITT, substantial damage occurred to Truck Nos. 107 and 108. 48. As a direct and proximate result of the damage caused by the negligent, careless, and/or improper acts or omissions of ITI, Equipment Transport paid $18,189.14 to repair Truck No. 107 paid $154.75 to repair Truck No. 108, and lost $13,500.00 in revenues during the 10 business days that Truck No. 107 was down for repairs. WHEREFORE, Equipment Transport respectfully requests that this Court enter judgment in its favor and against ITI in the amount of$31,843.89, plus applicable pre- and post judgment interest; costs and expenses, and grant such other and further relief as this Court deems just and proper. Respectfully submitted by, Date: .tune 26,2013 hristopher R. Nestor cliristopher.nestor@klgates.com Pa. I.D.No. 82400 K&L Gates LLP 17 North Second Street, 18th Floor Harrisburg,PA 17101-1507 (717) 231-4500 (tel.) (717) 231-4501 (fasc.) Counsel for Plaintiff, Equipment Transport, LLC 10 VE)!,tIFICATION The undersigned,Brandon Hall,hereby deposes and states that: 1. I am the Vice President of Finance of Equipment Transport, LLC, and I am authorized to make this Verification on behalf of the company; 2. The facts set forth in the foregoing Complaint are true and correct to the best of my knowledge or information and belief, 3. This Verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsifications to authorities. Date: cogo 3 Name: Brandon Hall,Vice President of Finance Equipment Transport,LLC EXHIBIT A Trailers Truck Bodies- truck body manufacturer-oilfield tricks vacuum trucks -dump b... Page 1 of 2 ITI Trailers&Truck Bodies Oilfield Trucks Equipment•Vacuum Trucks•Dump Bodies•Trailers Located in Southwestem Pennsylvania,ITI designs and manufactures oil field traitors and truck bodies,and over the road traitors and truck bodies.All of our traitors and Wek bodies are held to the highest standards of quality and durability.Moreover,we can customize your truck or trailer to suit your operation regardless of whether you need one or one hundred. From the largest dump trailer to the smallest tag along,we never compromise when it comes to craftsmanship,We always use the most trusted parts because our mission is to make sure you gel the best truck body or oil field truck trailer possible.ITI Trailers and Truck Bodies will stand to lost of time thanks to our emphasis on durability and usability. Oilfield Trucks&Trailers: i2 troll Electric Valve Healer If ky Our all held trucks and traitors are built to 4 � ITI effefa an CICCtfic VBIYe healer(Of Ua9 on gel the Job done under the toughest a;; trucks and irolicrs to prevent pipes and conditions. t valves from freezing. 1d` an Vacuum Trucks&Trailers: a:.va:r•�g;:;a,:;.::..: .Slake Bed Bodies: �i'y;`•^a..:w,;� ,'. Our vacuum frocks and lrallers maximize 1-�:%'f ''jt''""'` From vorsakle aluminum bodies to highly J •.load capacity wltilo minimizing 010 lime it ;K, specielizod brush trucks,we aislom buzd Is to pot who joh done. �r slake had bodies for All applications. Dump Bodies 8 Trailers: .. S:""' ".'""', Steel Flatbed Trailers; i?; �'Lolsf��'•-.Making the un!oading process as efficient ___ lYc have o vaicty of over lha road flatbed �1: IkT.X l.• as possib!o,wa offer a range o!dump * Irallors to he1P Y�kanspod everything bodies and traitors for your operation. * from the largest loads to the smaliosl. 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Page 2 of 2 Entire Online Inventory TRUCKS TRAILERS &EQUIPMENT H •• Munioipa!Dump Trucks&Road Maintwanae ........_ „.. .....-..,......................•.,...., yJ,Ypy3yy �y,•r��y, �yyy' 4 { - lZ���*'�•�1 �x�a�)'"�I�}�C�7��'��• J�����x�k W� .�.� �^'A'1��.�i�X 1 . •.*• t n j � -� t ,t..--..�:.1 a .�.., Y.DUap oClu . .t , ITI TRAILERS _ PJ ,�r�..•�:,� i;.:,.�•, t, r,.. •{21 . � X13 tis i!� & TRUCK BODES on tiaa Hotta t irursn • .ou r a• • my ! n http://www.itimfg.com/index.httnl 5/17/2013 EXHIBIT B a Trailers&Truck Bodies- farts and Service-ITI trailer and body parts and service Page 1 of 2 ITI Trailers-Truck Bodies Service&Parts ITI not only uprits tacks and manufacturers trailers,we also provide complete service and parts for nearly every type of truck and trailer. SERVICE: ITI offers quality and timely service for our customers,We have large service bays and feature state-of-the-art service equipment to keep your operation up and running.We also have an oustanding service department with trained and experienced professionals that are continually updated on the latest diagnostic tools end teGmiques. ITI provides service maintenance plans designed to work with your schedule and applications,we even olferpick-up and delivery within a limited service area.But most importantly is our total experience with trucks,bodies and trailers.Because we are a manufacturer and uprdler,the experience we develop each day is passed along to servicing the equipment we build.We can also service and maintain other vehicles in your Meet. PARTS: Being a manufacturer,we stock a large inventory of parts for a large range of tacks,trailers,and custom parts.We understand(tic need for keeping your operation running and we are dedicated to having the parts you need when you need them. Featured Item: iTI's 12 Volt Electric Valve Heater . Draws 17 amps 150o Surface Temperature . 32 Sq.inch heating coverage . Easy to install in trucks or trailers . Retro fitting Click For More Information Home Oilfield Trucks 8 Trailers Oilflold Equipment Vacuum Trucks&Trailers stake Bodies Oump Bodies&Trailers Steel Ftalbod Trailers Specialty Equipment Custom Metal Fabrication Pans&Service Company information Contact Us Request Ouote Site Map Y010 ITI Tro,'?.s any T•jCk Ooe:et,Inc. sn,s Masa,n ao+H"v P o n:".:.s 1.1eVnayA:e.P/•:E552 FEM:Gs.C :SYi• Toll tree:5565:4 DOSG http://www.itiinfg,com/parts-service.htlnl 5/17/2013 Trailers &Truck Bodies- Parts and Service-III trailer and body parts and service Page 2 of 2 TRUCKS TRAILERS &EQUIPMENT - :.o.. . .�•�� �� „G.. 5' ,a4%pump ebal}F:.a c, p . t VxCZvnthticb`Y�( ���II <M t ? ITI TRAlLER5 4. -•!�. � _ SL TRACK BrODlES OII Fld0 T(uc%l a TI11brs Oum T(41�11 P. http://www.itimfg.com/parts-service.htinl 5/17/2013 ARk EXHIBIT C Trailer Manufacturer-ITI Truck Bodies&Trailer Manufacturer Page 1 of 2 ITI Trailers&Truck Bodies Manufacturer Company Information ITI Trailers and Truck Bodies Manufacturing facility is located on a 7-acre parcel of land at 8536 Mason Dixon Highway in Meyersdale,Pennsylvania.We are located along US route 219 between the PA turnpike and interstate 68 in Maryland.We are just 2 hours from Pittsburgh,3 hours from Baltimore,6 hours from New York,and 10 hours to the New England market. ITI listens to Its customers and provides a product to meet their needs.With the expertise of the work lace we can customize any traitor or tack body unit to meet a specific Woad verses(unlike)our competitors who build a standard trailer and truck body product.We are able to provide competitive pricing because of a knowledgeable staff,the combined purchasing power of manufacturing and parts. We manufacture a complete line of trailers and truck bodies including: • Oilfield Trucks • Oilfield Trailers • Winch Tractors • Pole Trucks • Vacuum Trucks&Vacuum Tank Trailers • Municipal Trucks • Brush Trucks&Special Operation Vehicles • Municipal Snow Plow Trucks '. Double and Single Drop Trailers • Steel Dump Bodies&Numinum Dump Bodies • Septic Vacuum Trucks • Float Trailers • Flat Bed Trailers We also provide service and parts for all trailers and truck bodies We also provide maintenance programs Home Oilfiold Trucks&Tra ilnrs Oilfield Equipment Vacuum Trucks&Trdlors Stake Bodies Dump Bodies&Traitors Stool Platbcd Trailers Specialty Equipment Custom Metal Pabrication Parrs&Service Company Inf.,—Lion Drivin'I Dimi:limrs&Laps lcaoa:m Pd.•ocy Popey Trade Shaw&Events Contact Us Request Ouotc Site trap e:2a1a ITI FrRiN.rt;nd Tn,h.Rc.1:-.Inc e535 ht:—0;'"q 11vT P.C..Gw SP a u eat-,rsa ct<.cs.;st�,e Tn!:c roc:eat:b .-oaao http://www.itimfg.com/ITI-trailers.html 5/17/2013 0 Trailer Manufacturer-ITI Truck Bodies &Trailer Manufacturer Page 2 of 2 N�nn •:7, ''"' •.pyw�r. S ,.�,.'f/'�,? -N.�.,., r.: Nr► ,4Sa.1k. y a ,N ra 4 "Mi:lN l x 1 ITI TRAILERS r.• r„r !fM4 — L .4 \.a.i rte . ., . & TRUCK BODIES _ t v .II.H nuw AT OI f 14 ru Y.iT D m http://www.itiinfg.com/ITI-trailers.html 5/17/2013 a EXHIBIT D COT Amu 8T Colo Q810 Mix 11 i ON 1515 ..........,. __......._.......................... _ ._.._.,._. ..._ ..............._. _......._.......___..... .., LL c _.......... ' � .. a�.�a.c.,,wcn�i:w.-;<...e...ewar,..ni..•a..nr.wvm+:wi,.v.�.a;..•-..r....«a: Tax Q.045) logo _,....._......._...._._....._..•...._._._-_.,.._..._...---'----�`�-`::lE!��!'itsJ :�•L���ti._.____...__...`�����--.. 'M'�itkea�:f..-n«�a.�Cr•-----• ._.'_._'..:...,.1.:•_......__.... EXHIBIT E ( 0 EQ.UIPPAFNT TRAN'von'r LLC 7510 ITI Trailers and'truck Bodies, inc. 8/15/2012 Data Type Reference Original Amt. Balance Due Discount Payment 8/3/2012 Bill 49,755.00 49,755.00 49,755.00 Check Amount 49,755.00 M&T Business Checki inv 19279 49,755.00 Sf5001HC•1 i,EOnt E"1 x,01,1 YOUR LOCAL SAfEGUAAD WSTRIGUTOA,I.UNKNOWN.CALL 000.9232.22 HKwPWS0010000 811Sf000117 I1 lti5r' lY� rl.�Jf-�i JlSi}��� i1 hi 0L F'iri^o', L1::"s+'•1I:H s! EXHIBIT F I M Trailers and Truck Bodies, Inc. Invoice 8535 Mason Dixon I-I MAILING ADDRESS Date involce� R 1VMeyersdale,PA 15352 CHANGE: NO PO 1307{ 8/13/2012 1.9607 I: USE STREET ADDRESS OfFace 888-6340080 Fax 814-634-5846 ONLY Phone 877-634=1922 Pax 8I4-634-5589 1 sill To Ship To EQUIPMENT TRANSPORT LLC 1481 NEWVi1.LE ROAD !: CARLISLE,PA 17015 I P.O. Number Terms Rep Ship Via E.O.B. Project i i DUE ON COMPLETI... LL 8/13/2012 i Quantity item Code Description U/M Price Each Amount f' 7 120435 10010 WINCH 68,585.00 68,585.00 2013 PETERBILT VIN: 1 XP'WP4EXSDD1 87736 i EXCISE TAX FEDERAL EXCISE TAX 8,230.20 8,230.20 i' !` PAYMENT DOWN PAYMENT CK 116774 -12,500.00 -12,500.00 c' j C717 i t` i ! i I i Subtotal $64,315.20 Sales Tax (0.0%) $0.00 j Total $64,315.20 Payments/Credits $o.00 Balance Due $64•315.20 i V u EXHIBIT G EQUIPMENT TRANSPORT LLC 7873 ITI.Trailers and Truck Bodies, Inc. 9/2112012 Date Type Reference Original Amt. Balance Due Discount Payment 9/21/2012 Bill 19607 64,315.20 64,315.20 64,315.20 Check Amount 64,315.20 M&T Business Checki .inv 19279 54;315.20 SFSOOtHG•t RE OROERPROM YOUR LOCAL 9AFEOUARO OISTOIOUTOR,IF UNKNOWN,CALLOOO-529,3412 N%WPWS0010000 022SfoMi27 . (§SAMGUARD. Lue0m v-, cK>MY"11 EXHIBIT H nut rsw 6 TRUCK SALES & SERVICE UM1050ATt 11/21/2012 11:26AM N PAGE H'U W rE R 519 PITTSBURGH RD. (H515) 1-1869307 1 S:NCerme BUTLER PA 16002 cusTOWN0. 800-999-7744 28017 * 1* EQUIPMENT TRANSPORT LLC EQUIPMENT TRANSPORT LLC SOLD SHIP CAT ro' 1 TYLER COURT O: 1 TYLER COURT c CARLISLE PA 17015 CARLISLE PA 17015 10640 184462 (717 254-6731 AR 000/000 TERMS: (00) NET 10Th Promised Date: ASAP Estimate: Driver Name: Phone Number: COMPIETION DATE: 11/14/2012 UNIT: 107 YEAR: 2013 MAKE/MODEL: PBT/388 SERIAL: 1XPWP4EX3DD187735 MILEAGE: 17233 Delivery Date: Eng. Type/Cpl: Eng. Serial: Trans Mod. : Trans. Ser. : RR Md./Ser FW: RR Md./Ser. Rr: Ratio: OPR#01 27 000 00 MISC MAIN TRANSMISSION SERIAL # COMPLAINT-- TRANSMISSION LEAKING FLUID POSSIBLE PTO ISSUES C-INSPECT AND FOUND ACTUATOR ON PTO BROKE AND ALL FLUID LEAKED OUT OF TRANSMISSION CAUSING EXCESSIVE DAMAGE. C-TOW TRUCK INTO SHOP AND REMOVE DRIVESHAFT, FLOOR PAN, SHIFTER, PTO, PUMP, AND ALL TRANSMISSION LINES AND ACCESSORIES. .UNBOLT AND REMOVE TRANSMISSION. INSPECT AND FOUND EXCESSIVE DAMAGE TO TRANSMISSION. SWAP ALL NEEDED ITEMS TO NEW TRANSMISSION AND INSTALL.INSTALL NEW PTO AND HOOK UP ALL LINES AND ACCESSORIES. REINSTALL FLOOR PAN AND SHIFTER AND RECONNECT DRIVELINE. INSTALL NEW PTO LIGHT SWITCH AND HOOK UP. FILL WITH NEW OIL, STEAM CLEAN, ROAD TEST, AND CHECK-OK. 1 P3 TA-E63-12XEXCH TRANSMISSION-R $26272.01 EXC 12995.99EA* 12995.99 1 P3 TA-E63-12XEXCH-C1 4350.00EA 4350.00 TRANSMISSION-RTLO20918B CHG 1 NI FUL4304827 ELEMENT $31.99 17.05EA 17.05 I MC 828SI96809QIEX PTO $3888.82 BIL 2722.17EA 2722.17 (REF: 129934.00) 1 DYF 1468X4X6FTG FTG-RE,#45844 TO ##6MNP $4.62 2.40EA 2.40 a s amm *CONTINUED* Awywwmdn on uroakaenb hereby Amft-madeby menwtawtrer.Tno mGerw ro-'wreasly `s"O dechhru of K+rraneet o1MreQresfed orltp0e4 tr2d}b cylnyrmd warrarEy dm�ad�ms To%0r ftwn%r =ZZdpod CMtrHon an6trwdM In dvocr opply»Iw+� oA�Ded�feLi[yN ' CUST01l8t 51GNR16iE aavar iaaw o xnui.a ollLC h. Cc �kS1CV tl:L� INVOICP DA 11/21/2012 11:26AM IRMIMFEL PAGE HUNTER 519 PITTSBURGH RD. (H515) 1-1869307 2 SINCE Isis BUTLER PA 16002 c BRANCH r 800-999-7744 28017 * 1* EQUIPMENT TRANSPORT LLC EQUIPMENT TRANSPORT LLC SOLD SHIP CAT TOE 1 TYLER COURT 1 TYLER COURT CARLISLE PA 17015 CARLISLE PA 17015 a 10640 184462 (717) 254-6731 AR 000 000 20 AA BT4S-MO CARL$ TIE $0.45 0.27EA 5.40 1 MC 1ITS6865 SEAL $24.54 BIL 17.18EA 17.18 (REF: 130011.00) UPS CHARGE 6.99 1 PP 329202X SWITCH-INDICATOR $18.90 16.06EA 16.06 1-P3 TA-E63-12XEXCH-Cl 4350.00RA 4350.00- TRANSMISSION-RTLO20918B RET 50W SYN 139.20 SUPPLIES MATRIX 18.00 UPS CHARGB 30.90 Employee(s) on above Opr: 00332 00165 00405 MISC SUBTOTAL 195.09 PARTS SUBTOTAL 15776.25 LABOR. SUBTOTAL 1692.80 ** OPR SUBTOTAL 17664.14 OPR#02 45 500 02 CUMMINS ENGINE WARRANTY REPAIR 03 (N) - CUMMINS WARRANTY RECEIVABLES CAMPAIGN -1262- ECM UPDATE' C-PERFORM CAMPAIGN #C1262. REFLASH ECM FROM VERSION CK10105•.15 TO .24 Employee(s) on above Opr: 00405 PARTS SUBTOTAL 0.00 * 0.80 HOURS LABOR SUBTOTAL 79.20 ** OPR SUBTOTAL 0.00 **Warranty pending Cummins approval of claim** OPR#03 05 300 11 TOWING - OUTSIDE VENDOR. TOW THIS CONDITION' IS FOR TOWING CHARGES. TOW BILL 525.00 (REF: 129877.00/184462) MISC SUBTOTAL 525.00 PARTS SUBTOTAL 0.00 LABOR SUBTOTAL 0.00 ** OPR SUBTOTAL 525.00 SV *CONTINUED* !ur/wvrL+tm on lno palud sold hoteb/on Maas meEe try tlro me+udad+uo<The6e>ferhero0ye�eassly � d.4rlyna WxatiNdle\eCwt eaRaseed a►nA¢4 srry LnpGed kvimey olmerdierdabUly orftrwt# e P er W+W�.end tna aedtr naViet s nor mryn dmo not to wiu pmNbUo`y tm eomearJm rM tha seb alsdd podide My BmRi9m vxrteSwd hatafn 6aq not eppty wirve yedYbllnd try Irw. . WSiOVEISIGt7Fil.Yt� . P RUNTER'S TRUCK SALES & SERVICE WMICE no_. 11/21/2012 11:26AM lwolcetiu. HUNTER 519 PITTSBURGH RD. (H515) 1-1869307 3 WNC8to& BUTLER PA 16002 URANCH Y 800-999-7744 28017 * 1* EQUIPMENT TRANSPORT LLC EQUIPMENT TRANSPORT LLC SOLD SHIP G"! TO: 1 TYLER COURT ro' 1 TYLER COURT CARLISLE PA 17015 CARLISLE PA 17015 CUFMMM RIO 10640 184462• (717) 25.4-6731 AR 000/000 *TOTAL PARTS: 15776.25 *TOTAL LABOR: 1692.80 *TOTAL OTHER: 720.09 : U.P.S 6.99 18182.15 PA MmTP PA .00 18189. L4 Ary W+MlwmC•e pmdM=$d himyare du:s made by ma monulacbXrer.Tho GaftCha'eby maxessh' ma's d+rde4ns m xsnvdbt der nomad a b+a10e4�a�•�m•armiU of mefdait�GlY or denss for apmoadar p aposa atd C s ceterntldaraavmas rSK amonrn onY sEnroena�P mxuro 6rE.y a+VdY1n oonwAkn WN M tab asafd pedixls Ary fm!hUmoonhrud fata4:doer rwt applyrhsts pcldMim LY bec CUSIpMFR SK:AIM b 1 EXHIBIT I Phillips Garage INVOICE ~� 21787 State Route 11 HalisteEA PA 18822 Date Invoice# 11/14/201 75626 BILL TO Equipment Transport,LLC Ofcial Tramac Hydraulic 1 Tyler Court Hammer and Geith Bucket Carlisle,PA 17015 Dealer. Official Rebuild Center. P.O.# TERMS DUE VEHICLE Net 30 12/14/2012 Truck 1.08• ITEM QUANTITY DESCRIPTION RATE AMOUNT Tk: 108 I4rs: 197.2 Miles: 926.7 VIN# 1XP-WP4X-5-DD187736 Oil 1 Gallon of 50 Wt.Oil. 37.50 37.50 Parts 1 Gasket 2.75 • 2.75 Parts 2 Bolts 3.50 3.50 UPS Next Day Air 31.00 31.00 Labor Labor for draining oil and transmission, 80.00 80.00 installing new gasket for PTO air shaft, and reinstalling oil. POSSIBLE WARR.ANTYN Thank you for your business. Subtotal $154.75 Disclaimer of warranties Safes Tax. (0.00) $0.00 Any warranties on the products sold are•those of the the MANUFACTURER., if any.Seller hereby expressly Total $154.75 :disclaims all warranties either impressed or implied including implied warranty or merchantability of fitness for PaymentslCredits $0.00 a particular purpose. Balance Due $154.75 Phone# Fax# 57as79.9532 570-879-8089 rZIRULNIK SHERLOCK & DEMILLE J f+i P R O T H C N10 I A R'i BY: Kevin W. Lynch IDENTIFICATION NO.: 54832 ' `� 309 Fellowship Road, Suite 330 CUMBERLAND COUNTY Mt. Laurel, NJ 08054 P E 14 N S Y LVA N I A 856-778-3220; 856-778-3222 fax Attorney for defendant, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY V. NO: L-13-3731 ITI TRAILERS AND TRUCK BODIES, INC., Defendant V. MUNCIE POWER PRODUCTS, INC. Additional Defendant PRAECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for that of counsel with regard to defendant's, ITI Trailers and Truck Bodies, Inc. Answer to plaintiff's Complaint. Respectfully submitted, ZIRULNIK SHERLOCK &DEMILLE KEV!XrW. L H, ESQUIRE Attorney for Defendant ITI Trailers and Truck Bodies, Inc. VERIFICATION I, LEONARD LOTTIG, hereby state that I am an employee of defendant, ITI Trailers and Truck Bodies, Inc., in the within action and verify that the averments or denials of facts contained in the Answer to the Complaint are true based upon my personal knowledge, information and belief. If the foregoing contains averments which are inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but do have knowledge and information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. LEONARD LOTTIG Dated: 61—s--/ Equipment Transport LLC v.ITI Trailers File No.P-4481 "013 AUG 19 PH 1 : 37 CUMBERLAND COUN TY PENNSYLVANIA Christopher R. Nestor Pa. I.D.No. 82400 K&L Gates LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 EQUIPMENT TRANSPORT, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, PENNSYLVANIA V. NO. 13-3731 ITI TRAILERS AND TRUCK CIVIL ACTION—LAW BODIES,INC. JURY TRIAL DEMANDED Defendant. ANSWER TO NEW MATTER Plaintiff, Equipment Transport, LLC, by its undersigned attorneys, K&L Gates LLP, answers the New Matter filed by Defendant ITI Trailers and Truck Bodies, Inc. as follows: 1. Denied. Paragraph 1 contains only conclusions of law to which no response is required. To the extent Paragraph 1 may be deemed to contain any averments of fact, said averments are denied. 2. Denied. Paragraph 2 contains only conclusions of law to which no response is required. To the extent Paragraph 2 may be deemed to contain any averments of fact, said averments are denied. 3. Denied. Paragraph 3 contains only conclusions of law to which no response is required. To the extent Paragraph 3 may be deemed to contain any averments of fact, said averments are denied. 4. Denied. Paragraph 4 contains only conclusions of law to which no response is required. To the extent Paragraph 4 may be deemed to contain any averments of fact, said averments are denied. 5. Denied. Paragraph 5 contains only conclusions of law to which no response is required. To the extent Paragraph 5 may be deemed to contain any averments of fact, said averments are denied. 6. Denied. Paragraph 6 contains only conclusions of law to which no response is required. To the extent Paragraph 6 may be deemed to contain any averments of fact, said averments are denied. 7. Denied. Paragraph 7 contains only conclusions of law to which no response is required. To the extent Paragraph 7 may be deemed to contain any averments of fact, said averments are denied. 8. Denied. Paragraph 8 contains only conclusions of law to which no response is required. To the extent Paragraph 8 may be deemed to contain any averments of fact, said averments are denied. 9. Denied. Paragraph 9 contains only conclusions of law to which no response is required. To the extent Paragraph 9 may be deemed to contain any averments of fact, said averments are denied. 2 10. Denied. Paragraph 10 contains only conclusions of law to which no response is required. To the extent Paragraph 10 may be deemed to contain any averments of fact, said averments are denied. 11. Denied. Paragraph 11 contains only conclusions of law to which no response is required. To the extent Paragraph 11 may be deemed to contain any averments of fact, said averments are denied. 12. Denied. Paragraph 12 contains only conclusions of law to which no response is required. To the extent Paragraph 12 may be deemed to contain any averments of fact, said averments are denied. 13. Denied. Paragraph 13 contains only conclusions of law to which no response is required. To the extent Paragraph 13 may be deemed to contain any averments of fact, said averments are denied. 14. Denied. Paragraph 14 contains only conclusions of law to which no response is required. To the extent Paragraph 14 may be deemed to contain any averments of fact, said averments are denied. Respectfully submitted by, Date: August 16, 2013 Christopher R. Nestor christopher.nestor@klgates.com Pa. I.D.No. 82400 K&L Gates LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 (717) 231-4500 (tel.) (717) 231-4501 (fasc.) Counsel for Plaintiff, Equipment Transport, LLC 3 VERIFICATION I hereby certify that the statements made in the foregoing document are true and correct: to the best of my knowledge,.information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ,§ 4904 relating to unsworn falsification to authorities. Name: Brandon Hall Title:VP of Finance CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served this 16th day of August, 2013, upon the following by first-class U.S. mail, postage prepaid: Kevin W. Lynch ZIRULNIK SHERLOCK& DEMILLE 209 Fellowship Road, Suite 330 Mt. Laurel,NJ 08054 Counsel for Defendant Christopher R. Nestor • 4. f 1?0 I �tli�r� 2013 OCT -3 Afl II: 40 CUMBERLAND COUNTY PENNSYLVANIA MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D. No. 89147 jbstepanian @mgblaw.com Attorneys for Additional Defendant, 1249 Cocoa Avenue, Suite 210 Muncie Power Products, Inc. Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) EQUIPMENT TRANSPORT, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. L-13-3731 v. ITI TRAILERS AND TRUCK BODIES, INC., Defendant v. MUNCIE POWER PRODUCTS, INC., Additional Defendant AFFIDAVIT OF SERVICE Jonathan B. Stepanian, attorney for Additional Defendant, Muncie Power Products, Inc. in the above-captioned matter, after having been duly sworn according to law, deposes and says that our Entry of Appearance on Behalf of Additional Defendant, Muncie Power Products, Inc., and Additional Defendant, Muncie Power Products, Inc.'s Answer and New Matter to Defendant ITI Trailers and Truck Bodies, Inc.'s Joinder Complaint were sent by regular mail at the post office Hershey, Pennsylvania, postage prepaid,this day y of C 6,Wet 2013 to the attorneys/parties of record: Christopher R. Nestor, Esquire K&L Gates, LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 Kevin W. Lynch, Esquire Tesha Stoner, Esquire Zirulnik Sherlock& Demille 309 Fellowship Road, Suite 330 Mt. Laurel,NJ 08054 McQUAIDE BLASKO r Sworn to and Subscribed By: — - before me this,2 day inathan B. Stepanian of (9- ~.3-&-Q.t 2013. ..: r. '1 ot.ry Public • I I OF.PUMPUM IA • TI MAMA M HOW IldrY 01611V 101%WINN COUNTY Mr COMMIllde1 NW 7.NM _ F it..CD-OF"Pita: U THE; PROTHO; OT F I 2013 OCT -3 AM j.J: 40 CUMBERLAND COUNTY PENNSYLVANIA MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D.No. 89147 jbstepanian @mgblaw.com Attorneys for Additional Defendant, 1249 Cocoa Avenue, Suite 210 Muncie Power Products, Inc. Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) EQUIPMENT TRANSPORT, LLC, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. L-13-3731 v. ITI TRAILERS AND TRUCK BODIES,INC., Defendant v. MUNCIE POWER PRODUCTS, INC., Additional Defendant PRAECIPE FOR ENTRY OF APPEARANCE To: STEPHEN E. FARINA, PROTHONOTARY PLEASE ENTER our appearance on behalf of Additional Defendant Muncie Power Products, Inc. in the above-captioned matter. We are authorized to accept service on their behalf. McQUAIDE BLASKO ' ? 1 Dated: l0 (Z i 13 BY: . .lei.._ L 4 .i_ 4•nathan B. Stepanian, Esq ire Ff LEO-OF -ICE OF THE PROTHONOTARY 2013 OCT -3 AFI II: t§ I CUMBERLAND COUNTY PENNSYLVANIA MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorneys for Additional Defendant Attorney I.D.No. 89147 Muncie Power Products, Inc. jbstepanian@mqblaw.com Sebastian J. Conforto, Esquire Attorney I.D. No. 314787 sjconforto@mqblaw.com 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) EQUIPMENT TRANSPORT, LLC, 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. L-13-3731 v. ITI TRAILERS AND TRUCK BODIES, INC., Defendant v. MUNCIE POWER PRODUCTS, INC., Additional Defendant NOTICE TO PLEAD YOU ARE HEREBY notified to plead to the attached New Matter within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Dated: (o 'L l 3 By: /�_ _ I it I_,.�:._, I( 4 onathan B. Stepanian, squire . ebastian J. Conforto, Esquire MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorneys for Additional Defendant, Attorney I.D. No. 89147 Muncie Power Products, Inc. jbstepanian@mqblaw.com Sebastian J. Conforto, Esquire Attorney I.D. No. 314787 sjconforto@mqblaw.com 1249 Cocoa Avenue, Suite 210 Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) EQUIPMENT TRANSPORT, LLC, ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. L-13-3731 v. ITI TRAILERS AND TRUCK BODIES, INC., Defendant v. MUNCIE POWER PRODUCTS, INC., Additional Defendant MUNCIE POWER PRODUCTS, INC.'S ANSWER AND NEW MATTER TO DEFENDANT ITI TRAILERS AND TRUCK BODIES, INC.'S JOINDER COMPLAINT Additional Defendant Muncie Power Products, Inc. ("MPP") files the within Answer and New Matter to Defendant ITI Trailers and Truck Bodies, Inc.'s Joinder Complaint, and in support thereof avers as follows: 1. Admitted in part and denied in part. The Complaint is a document that speaks for itself. The averments of paragraph 1, to the extent inconsistent with the Complaint, are therefore specifically denied. 2. Admitted. By way of clarification and further response, ITI Trailers and Truck Bodies, Inc. ("ITI") is more properly referred to as the Original Defendant rather than "Answering defendant." 3. Admitted. 4. Admitted in part and denied in part. The Complaint is a document that speaks for itself. The averments of paragraph 4, to the extent inconsistent with the Complaint, are therefore specifically denied. 5. Admitted in part and denied in part. The Complaint is a document that speaks for itself The averments of paragraph 5,to the extent inconsistent with the Complaint, are therefore specifically denied. 6. Admitted in part and denied in part. The Complaint is a document that speaks for itself The averments of paragraph 6,to the extent inconsistent with the Complaint, are therefore specifically denied. 7. Admitted in part and denied in part. It is admitted that ITI purchased power take- off("PTO") units from MPP. After reasonable investigation, MPP is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 7, which are therefore denied in conformity with Pa.R.C.P. 1029(c). COUNT ONE 8. MPP's responses to Paragraphs 1 through 7 of this Answer and New Matter are incorporated by reference as though set forth herein at length. 2 • 9. Denied. The averments of Paragraph 9 constitute conclusions of law to which no affirmative response is required. To the extent that a response is deemed required, any and all negligence, carelessness, or other liability producing conduct on behalf of MPP is specifically denied. To the extent any damages were sustained as alleged,this was not the result of any conduct attributable to MPP. The averments of paragraph 9 are specifically denied. 10. Denied. The averments of Paragraph 10 constitute conclusions of law to which no affirmative response is required. To the extent that a response is deemed required, any and all negligence, carelessness, or other liability producing conduct on behalf of MPP is specifically denied. To the extent any damages or injuries were sustained as alleged, this was not the result of any conduct attributable to MPP. The averments of paragraph 10 are specifically denied. WHEREFORE, MPP respectfully requests that this Honorable Court enter judgment in its favor, dismiss this action with prejudice, and award costs of suit together with other such relief as this Court deems appropriate. COUNT TWO 11. MPP's responses to Paragraphs 1 through 10 of this Answer and New Matter are incorporated by reference as though set forth herein at length. 12. Admitted in part and denied in part. It is admitted only that MPP agreed to and did supply two PTO Continuous Duty units,together with other materials, as requested by the Original Defendant within its June 1, 2012 Purchase Order. MPP specifically denies all other allegations of paragraph 12. 13. Admitted in part and denied in part. The Complaint is a document that speaks for itself. The averments of paragraph 13, to the extent inconsistent with the Complaint, are therefore specifically denied. 3 14. Denied. The averments of Paragraph 14 constitute conclusions of law to which no affirmative response is required. To the extent a response is deemed required, any and all allegations that the PTO unit was defective or incompatible are strictly denied. MPP further denies the implication that the Original Defendant communicated an intention to install the PTO unit in a Peterbilt Winch Truck. The averments of paragraph 14 are specifically denied. WHEREFORE, MPP respectfully requests that this Honorable Court enter judgment in its favor, dismiss this action with prejudice, and award costs of suit together with other such relief as this Court deems appropriate. COUNT THREE 15. MPP's responses to Paragraphs 1 through 14 of this Answer and New Matter are incorporated by reference as though set forth herein at length. 16. Denied. MPP specifically denies the averments of paragraph 16. To the contrary, MPP expressly disclaimed any warranties, including warranty of merchantability and of fitness for any particular purpose. MPP solely warranted the PTO to be free of defects in materials or workmanship and to meet MPP's standard written specifications at the time of sale. The averments of paragraph 16 are specifically denied. 17. Admitted in part and denied in part. The Complaint is a document that speaks for itself. The averments of paragraph 17, to the extent inconsistent with the Complaint, are therefore specifically denied. 18. Denied. The averments of Paragraph 18 constitute conclusions of law to which no affirmative response is required. To the extent that a response is deemed required, any and all allegations that the PTO unit was defective, incompatible, or that any warranties were breached 4 are strictly denied. MPP, by way of additional response, incorporates its responses to paragraphs 9, 10, and 14 of the Joinder Complaint by reference as though set forth herein at length. WHEREFORE, MPP respectfully requests that this Honorable Court enter judgment in its favor, dismiss this action with prejudice, and award costs of suit together with other such relief as this Court deems appropriate. NEW MATTER 19. Additional Defendant's responses to Paragraphs 1 through 21 of this Answer and New Matter are incorporated by reference as though set forth herein at length. 20. The injuries and/or damages sustained by Plaintiff or Original Defendant,to the extent they are proven, were not caused by any negligent,tortious, or actionable conduct on the part of MPP, but were caused by factors and/or entities beyond MPP's control. 21. An authentic, true, and correct copy of MPP's PTO warranty delivered to the Original Defendant and applicable to the PTO at issue in this case is attached as Exhibit A. 22. An authentic, true, and correct copy of MPP's PTO warranty available to Original Defendant via MPP's website (http://www.mpowersoftware.info/files/QR/QRS1_304.pdf) and applicable to the PTO at issue in this case is attached as Exhibit B. 23. MPP solely warranted the PTO at issue in this case to be free of defects in materials or workmanship and to meet MPP's standard written specifications. 24. The PTO at issue in this case supplied by MPP to ITI was free of defects in materials and workmanship and met MPP's standard written specifications, as warranted. 25. Additional Defendant herein asserts any and all defenses that may be available to it pursuant to Article 2 of the Uniform Commercial Code and case law interpreting the same. 5 26. For purposes of preserving same, and subject to further discovery, MPP asserts that Plaintiff's claims are barred by any releases that may have been executed. 27. For purposes of preserving same, and subject to further discovery, MPP asserts that some or all of the Original Defendant's claims are time-barred due to the expiration of the applicable statute of limitations. 28. For purposes of preserving same, and subject to further discovery, MPP asserts that Original Defendant's Joinder Complaint was not timely filed under the Pennsylvania Rules of Civil Procedure. 29. For purposes of preserving same, and subject to further discovery, Additional Defendant asserts that Plaintiff has spoliated evidence essential to the determination of this action. WHEREFORE, MPP respectfully requests that this Honorable Court enter judgment in its favor, dismiss this action with prejudice, and award costs of suit together with other such relief as this Court deems appropriate. Respectfully submitted, McQuaid- Blasko Dated: (P ii I f?j By: / , `..y I i, i I, i�.._ 4' athB. Stepanian, Esquire an -bastian J. Conforto, Esquire ttorneys for Additional Defendant, Muncie Power Products, Inc. 6 VERIFICATION The under Signed, Larry Wesley, Director of Product Development, Muncie Power ProductS, is authorized to make this verification on behalf of Muncie.Po Wer Products, Inc. and states that the Answer and New MatterofMuncie Power Products is tnie and correct to the best of my knowledge,. information and belief. [understand that false statements herein are subject to the penalties of I Pa.C.S.A 0-904...related to LUISWOrli falsification to authority. Dated: Larry Wesity Director'f Product D Muncie Power ro ucts.Inc. _ �_ . ����b��- J ` i� SECTION 3 OWNER'S MANUAL . • POWER TAKE-OFF WARRANTY The Muncie Power Take-Off is warranted to be free of defects in materi- al or workmanship and to meet Muncie's standard written specifications at the time of sale. Muncie's obligation and liability under this warranty is expressly limited to repairing or replacing, at Muncie's option,within one year after date of original installation any defective part or parts or any product not meeting the specifications. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. MUNCIE MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. MUNCIE'S OBLIGATION UNDER THIS WARRANTY SHALL NOT INCLUDE ANY TRANSPORTATION CHARGES OR • COSTS OF INSTALLATION OR ANY LIABILITY FOR DIRECT, INDIRECT SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DELAY.THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE,AND MUNCIE'S LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE OR ANYTHING DONE IN CONNECTION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE PRODUCT OR PART ON WHICH SUCH LIABILITY IS BASED. If requested by Muncie, products or parts for which a warranty claim is made are to be returned transportation prepaid to a Muncie Service Center. Any installation or use not in accordance with catalogue or package instructions, other improper use, operation beyond capac- ity, substitution of parts not approved by Muncie, use with equip- ment other than the equipment on which the Power Take-Off is first installed, or alteration or repair made to the Power Take-Off other than at a Muncie Service Center shall void this warranty.No employee or representative of Muncie is authorized to change this warranty in any way or to grant any other warranty. 3.1 MPP0120 • B Y� r POWER TAKE-OFF WARRANTY The Muncie Power Take-Off is warranted to be free of defects in material or workmanship and to meet Muncie's standard written specifications at the time of sale. Muncie's obligation and liability under this warranty is expressly limited to repairing or replacing, at Muncie's option, within one year after date of original installation any defective part or parts or any product not meeting the specifications. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. MUNCIE MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. MUNCIE'S OBLIGATION UNDER THIS WARRANTY SHALL NOT INCLUDE ANY TRANSPORTATION CHARGES OR COSTS OF INSTALLATION OR ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DELAY. THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE, AND MUNCIE'S LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE OR ANYTHING DONE IN CONNEC- TION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE PRODUCT OR PART ON WHICH SUCH LIABILITY IS BASED. If requested by Muncie, products or parts for which a warranty claim is made are to be returned,transportation prepaid,to a Muncie Service Center.Any installation or use not in accordance with catalogue or package instructions,other improper use, operation beyond capacity, substitution of parts not approved by Muncie, use with equipment other than the equipment on which the Power Take-Off is first installed, or alteration or repair made to the Power Take-Off other than at a Muncie Service Center shall void this warranty. No employee or representative of Muncie is authorized to change this warranty in any way or to grant any other warranty. GENERAL AND APPLICABLE INFORMATION INTERMITTENT SERVICE tions using proper engagement procedures. The derated, con- tinuous duty rating is to be applied to application's steady state "Intermittent Service"as used in this catalog refers to an on/off torque requirement.These requirements can be obtained from operation under load. If maximum horsepower (HP) or torque most blower manufacturers. Incorrect start-up procedures will (Lb.Ft.)are being used for extended periods of time(5 minutes cause PTO, driveshaft, or component failures and are not cov- or more every 15 minutes), then it must be considered as ered by manufacturer warranties. Clutch shift type PTOs are "Continuous Service" and the horsepower rating and service not recommended or approved for high inertia applications. life expectation must be reduced.Applications with operations approaching both maximum HP and maximum torque is not SEVERE DUTY recommended and PTO life will be limited.See page 23 for PTO Severe duty or high service applications like blower or vacuum rating chart. drives, but not limited to these applications, have varying life CONTINUOUS SERVICE WARNING expectancies which can't be calculated by torque ratings alone. Applications with PTO ouutput shaft speeds above 2000 RPM Other factors involved include transmission lubrication, cleanli- ness, heat extraction, engine characteristics, and external regardless of duration are to be considered continuous duty environmental conditions.Service intervals for transmission and applications. PTOs used for continuous service must be con- lubrication cleanliness need to be reduced from the normal sidered to have reduced horsepower capacity. In most cases intervals specified in the vehicle owner's manuals.The interval capability is reduced by 30% of stated rating. See page 20 for should be determined by inspection and based on your mainte- PTO rating chart. nance records. PTO failures due to particulate contamination Example:100 lb.ft.minus 30%=70 lb.ft.,or are not covered under PTO warranties. Contact Muncie Power 50 HP minus 30%=35 HP Products,Inc.for application assistance. The RL, RG, RX Series PTOs are not approved for continuous PTO OUTPUT SHAFTS duty applications. If you have any questions regarding your PTO application,con- PTO output shafts subjected to high cycles can have improved suit a Muncie application specialist. product life by using the largest PTO output shaft available.This includes remote drive type shafts and direct mount pump shafts. FIRE PUMP APPLICATIONS FRETTING CORROSION Fire pump applications are continuous duty and require derat- ing of PTO applications by a factor of 20%. Fretting causes rapid spline wear of the PTO and hydraulic pump shafts.The wear is evident where two metal surfaces are PNEUMATIC BLOWERNACUUM APPLICATIONS in contact with each other and micro-movement of the two sur- High inertia devices like pneumatic blowers, large air compres- faces against each other wears the surfaces and typically sors, and vacuum pumps are severe PTO applications and failure brownish residue when the surfaces dre left dry. Spline great care must be taken when specifying PTOs for these appli- failure from fretting has increased with the advent of findings oni- cations. High speed blower/vacuum applications can be cally controlled diesel engines. Based upon our findings and approved at speeds higher than the 2500 RPM limit where the industry reports, it is evident that failures due to fretting corro load ratings are low. Consult your application's specialist for Sion are not the responsibility of Muncie Power Products, Inc. assistance with these specific applications. and will not be covered under our stated warranty policy. Refer to the PTO Installation and Owner's Manual for recommended PTO intermittent torque ratings shown on the application pages maintenance procedures for PTO output shafts. apply to start-up torque requirements for high inertia applica- 3 MPP0129 GENERAL AND APPLICABLE INFORMATION (Cont.) TRANSMISSION PTO DRIVE GEAR PTO SPEEDS The gear in domestic built transmissions which drives the PTO PTO speeds are shown on each application page as a percent- is typically 1/2" to the front or 1/2" to the rear of the vertical age of engine speed. For example, if a PTO is listed as 65%, centerline of the PTO opening. Foreign transmissions do not and the truck engine is running at 1,000 RPM,the PTO shaft will always follow this S.A.E. and I.S.O. standard. Reference to the be rotating at 650 RPM. If the truck engine is accelerated to PTO drive gear location is made at the top right of each applica- 1,800 RPM,the same PTO will increase in speed to 1,170 RPM tion page as "Front" or "Rear". This gear location determines (.65 x 1,800=1,170). the assembly arrangement of the PTO unit.Gear data is provid- This catalog typically shows only PTO percentages between ed for the visual verification of the drive gear application. 40% to 150% on single speed PTOs and 40% to 200% on ASSEMBLY ARRANGEMENT reversible PTOs. If your application requires a percentage other than what is shown,please contact Muncie for assistance. Standard PTO arrangements shown in this catalog will typically provide PTO output shafts to the rear, below centerline of the Note: The maximum advertised speed for the Muncie series opening. Check footnotes for exceptions to this standard. PTO output shaft is 2,500 RPM. Available arrangements for each of the Muncie PTOs are shown ROTATION on pages 14 and 15 of this section. The rotation shown for each PTO on the application sheets MOUNTING DEPTH specifies"crnk"or"opp", indicating rotation of the PTO output For standard mounting depth, the pitch line of the PTO drive shaft in relation to the rotation of the engine crankshaft. All gear in the transmission will be 1.085 inch from the face of the engine crankshafts rotate in the same direction; CW when PTO mounting pad. Normal PTO design requires using one viewed from the front of the engine. See page 22 for a more thick and one thin PTO mounting gasket.Tolerance differences detailed description. in transmissions may still require additional gaskets for correct INSTALLATION INTERFERENCE gear mesh to provide quiet operation and prevent transmission damage.(See BACKLASH) Muncie Power Products, Inc. provides power take-off products BACKLASH • based upon data provided by transmission manufacturers. We also address known issues related to chassis applications. Due Backlash is defined as the space between meshing surfaces of to variations of vehicle manufacturers and the location of wri- the gears in gearbox devices. Space is needed for expansion ponents mounted in proximity of the PTO and driven caused by heat and viscosity changes in lubricants. components, it is not possible to list all interference issues with regards to PTO installations within this catalog. Therefore, the Refer to the PTO Installation and Owner's Manual for the correct installers of our products should pay particular attention to backlash adjustment procedure which is to be performed on potential interference points due to the motion of the every PTO installation. Use of a dial indicator is recommended. engine/transmission/PTO assembly in relation to fixed compo- The recommended backlash between the transmission and PTO nents on the chassis.Care should also be taken when mounting is from.006 to.012 inch.Too many gaskets will create too much products near heat sources such as exhaust systems.Adequate backlash and may cause the PTO to rattle when running at no insulation should be installed to prevent damage. It is the load.To correct-remove one or more gaskets.Too few gaskets responsibility of the installer or up-fitter to examine possible may cause PTO to whine and cause difficult shifting of the PTO interference issues and resolve them prior to releasing any and transmission.To correct- add one or more gaskets. PTOs installation. Contact Muncie customer service when issues are will not always make noises when improperly spaced. found and we will work with you to resolve them. Correct backlash must also be established when gear adapters INSTALLATION are used (See ADAPTERS). Transmissions using automatic transmission fluid may have higher noise levels caused by the Limited information is included in this catalog regarding installa- thinner consistency of the lubricant and the large PTO drive tion of the PTO. Should more information be desired, request a gear in the transmission. copy of the PTO Installation and Owner's Manual before you ADAPTERS order the PTO.Installation manuals are supplied with every PTO. Adapters are normally used to reverse rotation of the PTO out DIRECT MOUNT HYD. PUMP INSTALLATIONS put and to clear mounting obstructions(See pages 16-19 of this It is recommended that direct mounted hydraulic pumps be section). Standard adapters will move the PTO outward from supported to the transmission with a 4-point support bracket. the transmission approximately three inches. Where adapters The bracket is to be attached at the transmission with two are shown on an application sheet with a PTO listing, the attachment bolts and at the pump with two attachment bolts in adapter is required because of a design problem and must be order to prevent movement of the pump in all directions. used as shown.Adapters often reduce horsepower ratings and Guidelines are found in the PTO Installation and Owner's service life. Adjustments to the application rating are noted in Manual. Pump weight, size and type are variables which con- the footnotes found on the adapter gear pages 16-19. tribute to the requirement for the use of a bracket, but system To establish the correct backlash when using a gear adapter, cycles, terrain, and other external influences can be factors in first bench mount the PTO to the adapter.Set aside the gasket determining the requirements for proper installation. Hydraulic set that yielded correct backlash. Then mount the adapter to pumps with a combined weight of 40 lbs.(pump,fittings, hose, the transmission,establishing correct backlash there. oil, etc.) must be supported. Refer to the PTO owner's and installation manual for further recommendations. 4 MPP0130 I t_ 1 fY' 1 E F•FILL r r la i-NOTH3HU 7A ZIRULNIK SHERLOCK &DEMILLE 1: 40 Kevin W. Lynch, Esquire 20130CT 10 Phi IDENTIFICATION NO.: 54832 CUMBERLAND COUNT Y 309 Fellowship Road, Suite 330 PENNSYLVANfiA Mt. Laurel, NJ 08054 856-778-3220; 856-778-3222 fax Attorney for defendants, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, : COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. . NO: L-13-3731 ITI TRAILERS AND TRUCK BODIES, INC., Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly Withdraw my Appearance on behalf of the defendants, ITI Trailers and Truck Bodies, Inc., in the above captioned case. Respectfully submitted, ZIRULNIK SHERLOCK &DEMILLE "z5cd1 Pe KEV W. LYNCH, ESQUIRE / Attorney for Defendants ot ;)' PIr,�lr FE ROTNUNOTA ZIRULNIK SHERLOCK & DEMILLE " �Q�T r O Tesha N. Stoner, Esquire PH : 14 Q IDENTIFICATION NO.: 92413 CUMBERLAND C 309 Fellowship Road, Suite 330 PENNSYLVANIA Mt. Laurel, NJ 08054 856-778-3220; 856-778-3222 fax Attorney for defendants, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY v. : NO: L-13-3731 ITI TRAILERS AND TRUCK BODIES, : INC., Defendants • ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly Enter my Appearance on behalf of the defendants, ITI Trailers and Truck Bodies, Inc., in the above captioned case. Respectfully submitted, ZIRULNIK SHERLOCK & DEMILLE TESHA N. STONER, ESQUIRE Attorney for Defendants � ff s, f•' i't�0TH3�d37-, , ZIRULNIK SHERLOCK & DEMILLE BY: Tesha N. Stoner, Esquire � ' OCT 1� (; c} IDENTIFICATION NO.: 92413 CG'�"9 RL,AND C41 r 309 Fellowship Road, Suite 330 f'FtdfS Y�VA�daA Mt. Laurel, NJ 08054 856-778-3220; 856-778-3222 fax Attorney for defendant, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY v. : NO: L-13-3731 ITI TRAILERS AND TRUCK BODIES, • INC., • Defendant • v. • • • MUNCIE POWER PRODUCTS, INC. • • Additional Defendant • PRAECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for that of counsel with regard to defendant's, ITI Trailers and Truck Bodies, Inc. Answer to Joinder Complaint. Respectfully submitted, ZIRULNIK SHERLOCK &DEMILLE TESH T STONER,— SQUIRE Attorney for Defendant ITI Trailers and Truck Bodies, Inc. VERIFICATION I, LEONARD LOTTIG, hereby state that I am an employee of defendant, ITI Trailers and Truck Bodies, Inc., in the within action and verify that the averments or denials of facts contained in the Joinder Complaint are true based upon my personal knowledge, information and belief. If the foregoing contains averments which are inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but do have knowledge and information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 6/1 - LEONARD LOTTIG Dated: cp /-3 Equipment Transport LLC v.ITI Trailers File No.P-4481 -8- 2013 EEC 26 PM 2: 9) CUfr ERL IC CCU? i'` PENNSYLVANIA' MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D. No. 89147 jbstepanian @mgblaw.com Attorneys for Defendant, Muncie 1249 Cocoa Avenue, Suite 210 Power Products, Inc. Hershey, PA 17033 (717) 533-4444 (717) 533-2043 (fax) EQUIPMENT TRANSPORT,LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. L-13-3731 v. ITI TRAILERS AND TRUCK BODIES,INC., Defendant v. MUNCIE POWER PRODUCTS,INC., Additional Defendant To: ITI TRAILERS AND TRUCK BODIES,INC. do Tesha Stoner, Esquire Zirulnik Sherlock&Demille 309 Fellowship Road, Suite 330 Mt. Laurel,NJ 08054 Date: December 23, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A RESPONSE TO NEW MATTER IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE ADDITIONAL DEFENDANTS AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA (717)249-3166 onathan B. Stepanian,Esquire ttorney for Additional Defendant, Muncie Powers Products, Inc. MCQUAIDE BLASKO, INC. By: Jonathan B. Stepanian, Esquire Attorney I.D.No. 89147 jbstepanian@mgblaw.com Attorneys for Additional Defendant, 1249 Cocoa Avenue, Suite 210 Muncie Power Products, Inc. Hershey,PA 17033 (717) 533-4444 (717) 533-2043 (fax) EQUIPMENT TRANSPORT, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff NO. L-13-3731 v. ITI TRAILERS AND TRUCK BODIES, INC., Defendant v. MUNCIE POWER PRODUCTS,INC., Additional Defendant AFFIDAVIT OF SERVICE Jonathan B. Stepanian, attorney for Additional Defendant,Muncie Power Products,Inc. in the above-captioned matter, after having been duly sworn according to law, deposes and says that a Ten Day Notice of Default Judgment was sent by regular mail at the post office Hershey, Pennsylvania,postage prepaid,this Zia day of 1s,,n,k.a 2013 to the attorneys/parties of record: MIL Christopher R.Nestor,Esquire K&L Gates, LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 Tesha Stoner, Esquire Zirulnik Sherlock& Demille 309 Fellowship Road, Suite 330 Mt. Laurel,NJ 08054 McQUAIDE BLASKO l / Sworn to and Subscribed By: lA bef re me thiso23"dday •nathan B. Stepanian of,=�'�' f� 2013. Ait Nitary Public _ a�EPaNSriVAw►... , OEMINA M HOEY - : Mo► OA1 OMotuY► .COUNTY ra la ssMy 7.20» ZIRULNIK SHERLOCK & DEMILLE NOTICE TO PLEAD BY: Tesha N. Stoner, Esquire You are hereby notified to file a IDENTIFICATION NO.: 92413 written response to the enclosed pleading within twenty(20)days from 309 Fellowship Road, Suite 330 service hereof or a judgment may be Mt. Laurel, NJ 08054 entered against you. 856-778-3220; 856-778-3222 fax Attorney for defendant, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY t`) �..> . : NO: L-13-3731 =Fri C- V . 4-- ITI TRAILERS AND TRUCK BODIES, • ° INC., -� -: c> Defendant ` r= • v. • -•< - MUNCIE POWER PRODUCTS, INC. Additional Defendant • DEFENDANT,ITI TRAILERS AND TRUCK BODIES, INC.'S REPLY TO DEFENDANT, MUNCIE POWER PRODUCTS, INC.'S NEW MATTER Defendant, ITI TRAILERS AND TRUCK BODIES, INC. (hereinafter "Answering Defendant"),by and through its counsel, Tesha N. Stoner, Esquire,hereby responds to the Defendant, Muncie Power Products, Inc., New Matter and avers as follows: 20. Denied. The averments contained within this paragraph state conclusions of law to which no response is required. 21. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 21, which are therefore denied in conformity with Pa.R.C.P. 1029(c). 22. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 22,which are therefore denied in conformity with Pa.R.C.P. 1029(c). 23. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 23, which are therefore denied in conformity with Pa.R.C.P. 1029(c). The remaining averments contained within this paragraph state conclusions of law to which no response is required. 24. Denied. The averments contained within this paragraph state conclusions of law to which no response is required. To the extent that a response is deemed required, any and all negligence, carelessness, or other liability producing conduct on behalf of Answering Defendant is specifically denied. To the extent any damages were sustained as alleged, this was not the result of any conduct attributable to Answering Defendant. The averments in this paragraph are specifically denied. 25. Denied. The averments contained within this paragraph state conclusions of law to which no response is required. 26. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 26,which are therefore denied in conformity with Pa.R.C.P. 1029(c). 27. Denied. Answering Defendant's claims are not time barred due to any statute of limitations. Any remaining averments contained within this paragraph state conclusions of law to which no response is required. To the extent that a response is deemed required, any and all negligence, carelessness, or other liability producing conduct on behalf of Answering Defendant is specifically denied. 28. Denied. Answering Defendant's Joinder Complaint is not time barred due to any statute of limitations or the Pennsylvania Rules of Civil Procedure. Any remaining averments contained within this paragraph state conclusions of law to which no response is required. To the extent that a response is deemed required, any and all negligence, carelessness, or other liability producing conduct on behalf of Answering Defendant is specifically denied. 29. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 29, which are therefore denied in conformity with Pa.R.C.P. 1029(c). The remaining averments contained within this paragraph state conclusions of law to which no response is required. WHEREFORE, Answering Defendant denies liability and demands judgment in its favor and against all other parties, together with costs of suit, attorney's fees, and such other relief as this Honorable Court deems just and proper. Respectfully submitted, ZIRULNIK, SHERLOCK & DEMILLE Tesha N. Stoner, ESQUIRE Attorney for Original Defendant Dated: December 26, 2013 VERIFICATION I, Tesha N. Stoner, Esquire, hereby state that I am the attorney for the defendant in the within action and verify that the averment or denial of facts contained in the foregoing Reply to Defendant Muncie Power Product Inc.'s New Matter are true and correct based upon my personal knowledge, information and belief. If the foregoing contains averments which are inconsistent in fact, I have been unable, after reasonable investigation, to ascertain which of the inconsistent averments are true, but do have knowledge and information sufficient to form a belief that one of them is true. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. TESHA N. STONER, ESQUIRE ZIRULNIK SHERLOCK & DEMILLE BY: Tesha N. Stoner, Esquire IDENTIFICATION NO.: 92413 309 Fellowship Road, Suite 330 Mt. Laurel, NJ 08054 856-778-3220; 856-778-3222 fax Attorney for defendant, ITI Trailers and Truck Bodies, Inc. EQUIPMENT TRANSPORT, LLC, COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY v. : NO: L-13-3731 • ITI TRAILERS AND TRUCK BODIES, • INC., • Defendant v. • MUNCIE POWER PRODUCTS, INC. Additional Defendant CERTIFICATE OF SERVICE I, Tesha N. Stoner, Esquire, hereby certify that on December 26, 2013 a true and correct copy of the foregoing Reply to Defendant Muncie Power Product Inc.'s New Matter has been filed electronically and was served by electronic and/or first class mail, osta e prepaid, upon the following parties: p g Christopher R. Nestor, Esquire K&L GATES LLP 17 North Second Street, 18th Floor Harrisburg, PA 17101-1507 Jonathan B. Stepanian, Esquire McQUAIDE BLASKO 1249 Cocoa Avenue,Suite 210 Hershey, PA 17033-1715 ZIRULNIK SHERLOCK & DeMILLE BY TESHA N. STONER, ESQUIRE Attorney for Original Defendant