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Home My WebLink About01-5006JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for DeRe/ldants ~-.:~ EIV~D CIVIL AIJ~ll~ ~ HA]';O~ STEPHEN HILLEGAS : and JANINE HILLEGAS : COURT OF COMMON PLEAS PHILADELPHIA COUNTY THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : FEBRUARY TEP~4, 2001 ~ this matter is transferred to the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, all costs regarding same to be paid by the plaintiffs. BY THE COURT: Jdo CKb-I"ED D. BUPP CIVIL ADMINISTRAT/Oh CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 Attorney for Plaintiffs STEPHEN HILLEGAS AND JAN1NE HILLEGAS, h/w V. THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. COURT OF COMMON PLEAS PHILADELPHIA COUNTy FEBRUARY TERM, 2001 NO. 319 _PRAECIPE TO TRANSFER TO THE PROTHONOTARY Kindly transfer the above-captioned matter to the Cumberl~l~iCounty Court of Pleas pursuant to this Court's Order entered on June PS ?on~ ~ 5e ~-. CLEARFIELD GAn~'D _;r",...k~.J_ k Attorney for Plaibiff,../' Stephen and Jan e~l~llegas, h/w PROTHONOTARY OF PHILADELPHIA KOOM 286 CITY HALL PHILADELPHIA, PENNSYLVANIA 19107 JOSEPH H. EVERS STANLEY' CHM[ELEWSKI BONN[£ O'KANE Dear Sir/Madam: Phila. Case Number ~~~d~ j~U~/ By order of the FIRST JUDICIAL DISTRICT, Ph/ladelphia County, COURT OF COMMON PLEAS, the enclosed case(s) are transferred to the COURT OF COMMON' PLEAS OF ~---/'/,'"~F~ ~.A/,O .COUNTY. Accordingly, I am enclosing all related filings. I would appreciate the return of the attached receipt addressed to the attentior of: THE PROTHONOTARY,S OFFICE CERTIFICATION UNIT ROOM 266 CITY HALL PHILA. PA. 19107 ATTENTION: ~ If you have any questions please call (215) 686-6663. Very truly yours, Joseph Mangini REPORT : ZDRDOCT USER ID: TLB First Judicial District CIVIL DOCKET REPORT CASE ID 010200319 PAGE 1 RUN DATE 07/02/01 RUN TIME 11:37 AM CASE NUMBER CASE CAPTION 010200319 HILLEGAS ETAL VS TOWN AND COUNTRY MANAGEMENT CO ET FILING DATE COURT LOCATION JURY 07-FEB-2001 AR AC N CASE TYPE: MOTOR VEHICLE ACCIDENT STATUS: TP~ANSPER TO OTHER JURISDICTION Seq # Assoc Expn Date Type I~D 1 APLF A76243 2 1 PLF @4216183 3 1 PLF @4216184 4 6 DFT @4216185 5 6 DFT @4216186 6 ADFT A49433 Party Name / Address & Phone No. PENNEYS, JEFFREY H 1617 JFK BOULEVARD SUITE 355 PHILADELPHIA PA 19103 (215)563-6333 HILLEGAS, STEPHEN 966 WASHINGTON STREET ALLENTOWN PA 18102 HILLEGAS, JANINE 966 WASHINGTON STREET ALLENTOWN PA 18102 TOWN AND COUNTRY MANAGEMENT CO C/0 CT CORPOP~ATION SY STEMS 1515 MARKET STREET SUITE #1210 PHILADELPHIA PA 19103 MAURER JR, ERNEST 521 STONEY CREEK ROAD DAUPHIN PA 17018 GELETA, MICHAEL P JACOBS & SABA 1515 MARKET ST.,SUITE 1110 PHILADELPHIA PA 19102 (215)762-0400 (215)762 0472 - FAX Filinq Date / Time 07-FEB-01 09:06:00 07-FEB-01 09:06:00 Docket Entry COMMENCEMENT OF CIVIL ACTION COMPLAINT FILED NOTICE GIVEN COMPLAINT WITH NOTICE TO DEFEND WITHIN TWENTY (20) PENNEYS, JEFFREY H PENNEYS, JEFFREY H DAYS REPORT : ZDRDOCT USER ID: TLB Eirst Judicial District CIVIL DOCKET REPORT CASE ID 010200319 PAGE 2 RUN DATE 07/02/01 RUN TIME 11:37 AM Time /07-FEB-01 09:06:00 /07-FEB-01 09:26:42 /08-FEB-01 12:38:51 /20-FEB-01 11:05:34 02-MAR-01 13:26:08 ~02-FUIR-01 15:02:00 15:02:01 ,[09-MAR-01 10:27:34 /29-MAR-01 10:36:35 ~6-APR-01 11:32:03 i2-APR-01 14:38:26 Docket Entry AFTER SERVICE IN ACCORDANCE WITH RULE 1018.1 FILED. ASSESSMENT OF DAMAGES HEARING IS REQ'D SHERIFF'S SURCMARGE 2 DEFTS PENNEYS, JEFFREY H ACTIVE CASE ARBITRATION HEARING SCHEDULED AFFIDAVIT OF SERVICE FILED OF COMPLAINT BY PERSONAL SERVICE UPON THE TOWN & COUNTRY MAxNAGEMENT CO. ON 02/12/01 MOTION TO DETERMINE P.O. FILED 16-01022116 RESPONSE DATE 4-2-01 (FILED BY TOWN AND COUNTRY MANAGEMENT COMPANy AND ERNEST L. MAURER, JR.) ENTRY OF APPEARANCE FILED GELETA, MICHAEL p ENTRY OF APPEARANCE OF MICHAEL p. GELETA FILED ON BEHALF OF DFTS TOWN AND COUNTRY MANAGEMENT CO. AND ERNEST MAURER JR. PRELIMINARy OBJECTIONS PILED GELETA, MICHAEL p PRELIMINARY OBJECTIONS TO PI~tINTIFE{S) COMPI~tINT FILED BY DEFENDANTS TOWN AND COUNTRY MANAGEMENT CO. AND ERNEST MAURER JR. SHERIFF'S SERVICE DEPUTIZED SERVICE OF COMPLAINT UPON DEFT ERNEST L MAURER JR BY SHERIFF OF DAUPHIN COUNTy ON 02-20-01 ANSWER (MOTION/PETITION) FILED 16-01022116 ANS FILED TO PO'S (FILED BY STEPHEN & JANINE HILLEGAS) MOTION ASSIGNED 16-01022116 MOTION TO DETERMINE PRELIMINARY OBJECTIONS ASSIGNED TO JUDGE MCINERNEy ON 4-9 01 ORDER ENTERED/236 NOTICE GIVEN MCINERNEY, PATRICIA A 16-01022116 UPON CONSIDERATION OF DEFENDANTS' PRELIMINARy OBJECTIONS TO PLAINTIFFS' COMPLAINT, AND PLAINTIFFS' ANSWER TO THE PRELIMINARY OBJECTIONS, IT IS HEREBY ORDERED TEAT, WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, THE PARTIES SHALL TAKE DEPOSITIONS A~ND DISCOVERY ON WHETHER DEFENDANT THE TOWN AND COUNTRY MANAGEMENT CO. IS A LIMITED PARTNERSHIP OR A CORPORATION, IN ORDER TO DETERMINE THE PROPRIETY OF REPORT : ZDRDOCT USER ID: TLB First Judicial District CIVIL DOCKET REPORT CASE ID 010200319 PAGE 3 RUN DATE 07/02/01 RUN TIME 11:37 AM Fili~/ Time ~2-APE- 01 14:52:17 {6-MAY-01 10:20:37 17-MAY-01 09:53:46 31 MAY-01 11:23:59 26-JUN-01 09:02:39 26 JUN-01 09:02:40 02-JUL-01 11:32:56 Docket Entry VENUE IN PHILADELPHIA COUNTY. WITHIN FIFTEEN (15) DAYS THEREJkFTER, EACH OF TEE PARTIES SHALL FILE IN MOTIONS COURT AN ENTIRE MOTIONS COURT PACKAGE UNDER THE ABOVE-CAPTIONED CONTROL NUMBER, REJkLLEGING THE PRELIMINARY OBJECTIONS AND ANSWERS THERETO, TOGETHER WITH THE MEMORANDUM OF LAW ;uND INCLUDING ANY SUPPORTING DOCUMENTATION. FAILURE TO COMPLY WITH THIS ORDER SHALL BE DEEMED A WAIVER OF THE PRELIMINARY OBECTIONS OR ANSWER .... BY THE COURT: JUDGE MCINERNEY, 4 11-01. MOTION RESPONSE DATE UPDATED MCINERNEY, PATRICIA A 16-01022116 RESPONSE DATE UPDATED TO 5-28-01 ANSWER (MOTION/PETITION) PILED 16-01022116 AiqS FILED TO PO'S (FILED BY STEPHEN & JANINE HILLEGAS) MEMOP~ANDUM FILED TOWN AND COUNTRY MANAGEMENT CO, 16-01022116 MEMO FILED IN SUPPORT OF PO'S MOTION ASSIGNED 16-01022116 MOTION TO DETERMINE PRELIMINARY OBJECTIONS ASSIGNED TO JUDGE MCINERNEy ON 6-1 01 TRANSFER TO OTHER JURISDICTION MCINERNEY, PATRICIA A 16-01022116 UPON CONSIDERATION OF DEFENDANTS, THE TOWN AND COUNTRY MANAGEMENT COMPANy AND ERNET L. MAURER, JR.'S, PRELIMINARY OBJECTIONS AND THE PLAINTIFFS' RESPONSE THERETO, THE AFFIDAVIT THaT WAS SUPPLIED DURING THE PRESCRIBED DISCOVERY PERIOD, IT IS HEREBY ORDERED AND DECREED THAT THE PRELIMINARY OBJECTIONS ARE SUSTAINED AND THIS MATTER IS TPJ~NSFERRED TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, COMMONWEALTH OF PENNSYLVANIA, ALL COSTS REGARDING SAME TO BE PAID BY THE PLAINTIFFS .... BY THE COURT: JUDGE WOLF, 6-25-01. NOTICE GIVEN UNDER RULE 236 PRAECIPE/TRNSPER OUT OF COUNTY PENNEYS, JEFFREy H PRAECIPE TO TRANSFER THE ABOVE CAPTIONED MATTER TO CUMBERLAND COUNTy PILED. pHiLADELPHIA COURT OF COMMON PLEAS ,MOTION COVER SHEET FOR'COURT USE ONLY ACTION ASSIGNED TO JUDGE: Do not telephone Judge for status Do not send Judge courtesy copies. STEPHEN HILLEGAS and JA~INE HILLEGAS 'l.'ltl~ TOWN & CouwrRY NAI/AGEHEh'Y CO/ti'AW/ and , (Check one) gRI/EST L. l,gl/gEg, JR. (Checkone) FEBRUARY Term, 2001 Month Year -"ILF. D ~o. 319 I~'~ ~, '~ [~Name of Filing Party: The Town and Country Management Company Maurer, Jr. [] Plaintiff ~[ Defendant [~ Movant [] Responden! Type ofMotion: Prelimtnnry Obiections to Plaintiffs' Comvlaint June 17, 2001 Response due: OR Responseto: CASE STATUS (answer all questions) I. Is this case: A. COMblERCE PROGRAM Name of Judicial Team Leader: Applicable Motion Deadline: Ha5 deadline been previously extended by the Court? []Yes []No B. DAY FORWARD/MAJOR JURY (Jury Demand & Fee Paid) Name of Judicial Team Leader: Applicable Motion Deadline: Has deadline been previously extended by the Court? [] Yes [] No C. NON JURY Date Listed: D. ARBITRATION Arbitration Date: October 6, 2001 @ 9:30 A.H. E. ARBITRATION APPEAL Listed on: F. OTHER: Date Listed: Has another motion been decided in this case? ~Yes [] No Is another motion pending? ~ Yes I~ No If the answer to any of the above questions ls yes, you must identify the judge, and the relationship of tile motion(s} to the present motion, including the status of the motion(s). Please attach a separate sheet with your statement. II. OTHER PARTIES Name, address and telephone number of all counsel of record and unrepresented parties. Attach a stamped addressed envelope for each attorney of record and unrepresented party.) Jeffrey H. Penneys, Esquire CLEARFIELD, GABER & KOFSgPf, P.C. Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 563-6333 Attorney for Plaintiffs (If necded, usc separate sheet to answer) wiYth allgdoeuments filed in the 1~,Io tions, l~r am, will be immediately served upon all counsel an..d, ur~.rel~r.,esented p a r~eaSdi~ acco rd ante with Phil~,. Civil Rule *~!~.~(C) · Furthermore, th e moving or responding party vermes that me answers ,J,~ herein are t~rre~/~t/,~s t~ncti°ns may be Imp°seal f°r inaccurate °r inc°mplete answers' $ignatur~.t~/~/~qif~se~e~/~ty) (PrtntName) ¢' 'Y ' ' ' This~/~o'~ ~'~11 ~e ~rwa/r~T* to the Court a. fter the Response Date. No extension of the Response Da~re ~ill be granted even if the parties so sttpulate. Is another Motion pending? Judge McInerney entered an Order on April 11, 2001 with regard to Defendants' Preliminary Objections requesting that discovery be completed and a new filing of Preliminay Objections thereafter. See Order attached hereto and made a part hereof. JACOBS & SD~BA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for De~e~ldants STEPHEN HILLEGAS : and JANINE HILLEGAS : VS. : THE TOWN ANDCOUNTRYMANAGEMENTCO.: and ERNEST L. MAURER, JR. : AND NOW, this ~' day of ~y~ consideration of Defendants, The Town and Company and Ernest L. Maurer, Jr. 's, Plaintiffs, Response thereto· the Affidavit during the prescribed discovery period, it is DECREED that the Preliminary Objections are COURT OF COb~ON PLE~ PHILADELPHIA COUNTY FEBRUD~RY TER/~, 2001 NO. 319 · 2001, upon Country Management Preliminary Objections and the that was supplied hereby ORDERED and SUSTAINED and tki~ of Common all costs ~ this n%~tter is transferred to the Court Pleas of Cumberland County, Commonwealth of Pennsylvania, regarding same to be paid by the plaintiffs. COPIES S.~NT .......... u ,--a. ,r~.C.p. 23S(b) ~ ,~ "!iii r BY THE COURT: JDOCKETED JUN $ 2081 D. 8UP~ CIVIL ADMINISTRA'f'~N JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 STEPHEN HILLEGAS and JANINE HILLEGAS vs. : THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : PRELIMINARY OBJECTIONS Attorney for Defendants COURT OF C05~ION PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001~ NO. 319 O OF DEFENDANTS THE TOWN AND COUNTRY MANAGEMENT COMPANY AND R~NR.qT L. ~4AT~WR~: J~. TO DT.ATNTTF~.~' ~MDAN~ 1. This action was commenced by the plaintiffs against the defendants by means of a Complaint filed on February 7, 2001. A true and correct copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "A". 2. This is a Civil Action for personal injuries arising out of a motor vehicle accident, which occurred on April 17, 1999 on Interstate 1-81 in Cumberland County, Pennsylvania. 3. The accident site is not in Philadelphia County, but is located in Cumberland County, Pennsylvania. 4. Defendant, Ernest L. Maurer, Jr., who was operating the vehicle owned by Defendant, The Town and Country Management Company, resides at the address listed on Plaintiffs' Complaint. He does not reside in Philadelphia County. 5. Defendant, The Town & Country Management Company, is a Limited Partnership based in Baltimore, Maryland. This Limited Partnership does not conduct business in Philadelphia County. 6. C.T. Corporation System is a Company, with an office in Philadelphia that is authorized to accept service on behalf of The Town and Country Management Company for cases that have venue in York County. C.T. Corporation System has absolutely no affiliation with Defendant, The Town and Country Management Company. 7. The plaintiffs, Stephen Hillegas and Janine Hillegas, live in Allentown, Pennsylvania, which is in Lehigh County. They do not reside in Philadelphia. 8. There is absolutely no connection with Philadelphia County other than C.T. Corporation System, which is a nationwide based company that contracts to accept service of process on behalf of clients. C.T. Corporation System's only Pennsylvania office is located in Philadelphia, Pennsylvania. The designated county of venue for accepting service on behalf of The Town and Country Management Company is York County. 9. Defendant, The Town and Country Management Company is a Limited Partnership and pursuant to the pennsylvania Rules of Civil Procedure, an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose. 10. This accident Philadelphia County. occurred in Cumberland County not in The Defendant, The Town and Country as Exhibit 12. Objections. Management Company, does not do business in Philadelphia County. Therefore, venue in this case is improper. 11. The original Preliminary Objections on this matter were filed on March 2, 2001. A true and correct copy of the original Preliminary Objections are attached hereto and made a part hereof Plaintiffs' counsel responded to the Preliminary His response is attached hereto and marked as Exhibit 13. regard to the issue as to whether County Management Company is Corporation. Enclosed is a copy 2001 Order, which is attached hereto "D". 14. In accordance with the Judge's Order, secured an Affidavit of Dennis E. Smith. Mr. Judge McInerney ordered that discovery be completed with or not Defendant, The Town and a Limited Partnership or a of Judge McInerney's April 11, defense counsel Smith is a Vice President of the Town and Country Trust. A copy of the Affidavit is attached hereto and made a part hereof as Exhibit "E". 15. Mr. Smith indicated that the TC Operating Limited Partnership is a Maryland Limited Partnership, which operates real estate management operations under the fictitious name "The Town and County Management Company". Further, Mr. Smith has indicated that the TC Operating Limited Partnership and/or The Tow~ and Country Management Company do not conduct any business in Philadelphia, Pennsylvania. WHEREFORE, upon consideration of the Defendants' Preliminary Objections and the Affidavit affirming that the Defendant is a Limited Partnership, the Defendants request that this matter be dismissed for lack of venue, or be transferred to the Court of Common Pleas of Cumberland County. Resp~%t ful~ ~bmf~: Attorney for Defendants, The Town & Country Management Co. Ernest L. Maurer, Jr. MICHAEL p. GELETA, hereby states that he is the attorney for Defendants, The Town and Country Management Company and Ernest L. Maurer, Jr., in this action, and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. DATED: / /~ttorney for Defendants, The Town & Country Management Co. Ernest L. Maurer, Jr. JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : vs. : THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 MEMORANDUM OF LAW This is an action for personal injuries allegedly sustained in a motor vehicle accident, which occurred April 17, 1999 on Interstate 1-81 in Cumberland County, Pennsylvania. Defendant, Ernest L. Maurer, Jr., was the operator of a motor vehicle owned by Defendant, The Town and Country Management Company. Defendant, Ernest Maurer, Jr., does not reside in Philadelphia County. Defendant, The Town and Country Management Company is a business with a fictitious name operated in partnership by the and County Trust, Country Management TC Operating Limited Partnership and The Town based in Baltimore, Maryland. The Town and Company does not do business in Philadelphia Country Management Company The closest properties to and Lancaster Counties ~ountI. The Defendant, The Town and manages certain real estate properties. Philadelphia are in Lehigh, York respectively. Defendant, The Town and Country Management Company, has authorized C.T. Corporation System to accept service on its behalf for Pennsylvania cases with a venue in York County. C.T. Corporation System is not in any way affiliated with Defendant, The Town and County Management Company. C.T. Corporation System is a business, which is in business to accept service of process for clients. The Defendants have filed Preliminary objections, raising the issue of improper venue over the defendants, which are now before this Court for disposition. II. ~: 1. Is venue proper in Philadelphia County? The defendants assert that it is not. III. ~: Preliminary Objections are the proper method of raising questions or jurisdiction and improper venue. Pa. Rule of Civil Procedure 1028 (a) (1) provides as follows: "(a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form of service of a writ of summons or a complaint;...,, Pa.R.C.p. 1028(a) (1). Pa. Rule of Civil Procedure 1006(a) provides, inter alia, that "...an action against an individual may be brought in and only in a county in which he may be served or in which the cause of action arose..." Pa.R.C.P. 2130(a) provides as follows: "... an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose". Pa.R.C.P. 2130(a). In this case, the cause of action arose in Cumberland County and not in Philadelphia County. Defendant, Ernest L. Maurer, Jr., resides in Dauphin, Pennsylvania, which is not in Philadelphia County. Defendant, The Town and County Management Company is a business operated under a fictitious name operated in partnership by the TC Limited and Country Trust, that does Philadelphia County. Venue is Partnership and The Town not do any business in improper in Philadelphia County and the matter must be transferred. IV. ~: For the foregoing reasons, venue in this matter is improper in Philadelphia County. Respe~lly submitt~, J /A_~/~e~/fo~ Defendants, / ~eZ~own & Country Management Co. Ernest L. Maurer, Jr. EXHIBIT A ofCc~mmon Pl~a: ?hibdelphi~ County Tri~I D~vi~ion Civil Cover Sheet I::EBRUA~Y2001 - cfoCTCor¢ ~¥~tem. ~lSMork¢, ~I N/A N/A 90 '[ IIE PROTHONOTARY, K~ndly ',;cHvr my app*srancc on bch3H'of PlsintiFl/Pctit~oncr/,*.ppcIiun[ 0 0 [] C [DEFEN DANTJS~,! I.t..AP, FIELID, GABER & KOFSKY. P.C J¢I'frcy H. Pcnn~ys, Esquire [dcntillcat}on No 76243 Slation Building- Suite 355- Boulevard $1'[PH~N HILLEGAS ~ J~' I IILLEGAS. ~w ~ - '1OWN AND CO.TRY M&NAOEMENT {.'( )MI)AN'? c/- C 1'. C~rpora:ion System 1515 Market Street-Suite 1210 I'hHadclphia, PA 19102 I'iP, NEST L. MAURER, JR. 521 Sroncy Creek Road I}Juphin. PA 17018 THIS IS AN ARH~ I I{A. [ [C)N ~!AT [ I ~ ASSESSMENT OF D.,'~MAC;L25; } tl ,\ Ri,Nb I$ RBQIIIREE} nnr ~. ZOO1 Attorney lbr Pi,'!lnIMfs COURT OF CC)MMC]N Pt.E .\S PHILADELPHIA COL~'I'Y FEBRUARY TFR×.I. 2i]i:l NO. COMPLAINT IN CIVIL ACTION (Code lV- Motor Vehicle Negligence) NOTICE GENERAL AVERM,E~TS · I Plaintiffs. Stephcn Hillega~ and Janine Rillega~, ~rc aduh ind,', and wife, who reside at the abave-capfigned address Defendant, Ernest L. M~urer. Jr, i~ an aduh ind~vid~ml ~,,pmm address. 3 Def~ndank The To~ ~nd Co~nt~ M~n~gemen~ Company as "TCMC"). is a Ma~land [~mited pa~nership licensed to conduct above-captioned ~ddrcss. At all times material hereto De~ndant, Ernest L. Maurer, Jr .ttlt[ control Defender. TCMC's 1997 Ford F-250. Pennsylvania Tag m~ol,.'cd tn this accidgnl. 5. O~ or about Aprd 17. 1999. o~ l-gl (Sou~h) IG~ad/SR0944, Cumber[~d Count, East Pemnsboro To.ship, I. M<mrer. Jr., so c~elessly ~d negligendy operated the areremenuoned tt, cullid: with Plaintiff. Stephen Hillegas, ~ pedestrien, c~using him to .thor h~sses hereinafter more ~lly set fo~h. 6. The negligence and carelessness tq'~he delindant~, ~cting u I' thc Ibllowing: (b) operating the ai'bremendoued vehicle al an exccssiv= r,cc' .t'ispccS. failing to have proper arid adequate control of the aforemcntio~',cd vch:d.' so as to avoid accidents; (c) ,n~ Io warn O,r thc approach o[ thc ah. ,l:Cr~t:o~:cJ ,.:..h;;(.~ .~.. it regard t'or ~he rio. his and safety of thc plaintiff: (d) f:qlinLz to keep a proper lookout: (e) failing to y;eld to anc.min~ ~raffic, (0 Defendant. ~'CMC negligently con~cnted and cnht:,~,¢ :1,..c:','~ ~,, Dc¢~ndam. Ernest L. Maurer. Jr.. ~ho they kn~ er shc,'.:~d '.~v= wou~d opetale ~he velficl~ in ~n n~h88nt and csr~e~s m~m~r propensity towsrd n~¢li~cnc~ and (8) n~hB~nce p~r s~; and m hcin~ o~herw~sc c~rctesS, rccklr~ and nc~i~c~:. Ibc ~2r['~u ~r- ~,; which ~re presently u~nuwn m ptamdff but which re;t> bc d~scove~ procedures provided hy the Pennsyl~i~ Ku',~ Procedure o~ which may be learned ~ th~ (rial o~' [~,i; Th~ a~resaid acciden~ was due solely to thc neg!igencc ~ncl c3rcJc~r~c~ dclcndants, acting as aforesaid, and was due in no manner whatso:ver to arq. act or tm Ibc p~r[ or'thc platnt~fl's COUNT I PLAINTIFF] STEPHEN HILLEGAS v. DEFENDANTS, TCMC E~EST L. MAU~R, JR. umu~tmcd in thc Gcnera] Artfonts. as if they were s~t forth ~t I~ ngLh AS a result of this accident. Plaintiff. S~ephen Hillcg~s. h,,~ >uFfc,'u~ ~hich are or may be serious ~d ~e~ent in nature, including but not limhed to: n~hL s ~cpara[i~>n. acute Severe right shoulder pain. acu[e ulnar nerve neuroprax~a muqcls I'h,;,mleS health care providers, all of wh,ch init,tics huvc ia the pasL ,nth cxp~nditLtres for an indefinite time in thc future II AS a fu~hcr resuh or th~s accidcm, Plaintiff, Stephen hcrca[tcr suffer a ~evere losq of earnings and impa]~ent oFeamin~ power 12. A~ a ~'unhcr resvh oF this accident. Plaintiff, Stephen n~Cdlc;dl) determinable physical and/or mental impairmem which pcrFm'm~ng all or ~ub~antial~y at[ oftl~e matefiM ac~s and duties which n<*nd :md cusloma~' ac(trifles prior to the accident. 13. As a dircc: and rcasnnahE, rcsuh o~' thc accident aforrmcmnm~d. S~cphcn Hillcgas. ha5 incu~ed or may her:al:ct incur, other i}nanctal exceed the ~mount which plain:irt'ma7 othe~vise be enddcd to rccever 14 As a fu~her result of:he accident a~Brcmendoned. PlaintiFf'. ~ul'[brcd severe physical pain, mental anguish, and humiliation, and may cominu¢ h,r afl tndctinhe time in the W}IERKFORK, Phnm,{'F. S~phe~ H~llcgas. dema~ds judgmem ;.;.~,,~.~ inlcrcxt and costs COUNT t! PLAINTIFF, JANINE HILLEGAS v. DEFENDANTS, 't'CNIC ERNEST L. MAURER~ ,IR. LOSS OF CONSORTIUM t 5 Plaintilt'. Janin¢ Hillegas, incorporates by reference herer, o. ell nl'tl',e PI;lilt;It'}', Jantne Htilcgas. as spouse of P~am;trf. Stephen HtJ!egas. has been deprived ti' :,,,, ich.. com~ar;ionship, aid. assist~ce, eat'llil~gs, and earniJ'~g power slid coc~s,~nlum .,1' ,,l',t~tlsu, itl! t~f'whlch ha,; cnu~ed, and may irt ~he future, conunue lo cause great cmcmon,al fi.~ancin[ loss and damage. ',,VH ER. EFORE, Ptaintiff, Janm¢ Hilleffas. demands jud,gment agains; the i,tl',tl.,, and/ur severally, For damages, in an umoumt not in eat:ess al'the arbitr;t!iot', lir:',.n~, ph~ COSTS. BY: CLEARFIELD, GABER & KOFSKY, P.C. .. Attorney for Phtintjffs, Stephen Htllel~as'&nd Janine Hillega:.., VERIFICATION I, Stephen HiJlc~ai __ hereby verity that I am the ...... Ior~h herein ere true end correct to the best of my knowledge, imfo'~al~oq aqd belial I understand that false statements made herein are subject to the penalties of the 18 PA C.S. ~49~, relating to unsworn falsification [o authorities' ivlichael P. Geleta Jacobs & Saba 1515 Market Street Suite I 110 Philadelphia, PA 19102-2091 {215) 762-04430 FAX (215) 762.0472 TDD (800) 622.2421 Not a Partnership Direct Dial No.: (215) 762-9446 Refer to File No. OIPHOOi39 March 2, 2001 Jeffrey H. Penneys, Esquire CLEARFIELD, GABER & KOFSKY, P.C. Suburban Station Building, Suite 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 355 RE: Stephen Hillegas and Janine Hillegas vs. The Town and Country Management Company and Ernest L. Maurer, Jr. Dear Mr. Penneys: Kindly be advised that I represent Defendants, The Town and Country Management Company and Ernest Maurer, Jr. Enclosed please find Preliminary Objections that I have filed on their behalf regarding venue in Philadelphia. Please let me know whether or not you will be willing to Stipulate to transfer the venue to Cumberland County. I have also enclosed a Request for Production of Documents and Things as well as Interrogatories Set I and Set II. You are required to respond to the Preliminary Objections, if you so'wish, within thirty days. MPG/mbd Enclosures Ve r~y._~u 1 y yg~f s/ Employees of Nationwide (R) Mutual Inzuranee Comp;my Bethlehem · Camp Hill · Canonsburg · Do¥1escown · Oreensburg · Media · NonSstown · Philadelphia , Warrendale · Wilkes Barre EXHIBIT B PHJL~,D'ELPHIA COUF~T OF Cc"'~MON PLEAS MOTION COVER L..FET FOR COURT USE ONLY ACTION ASSIGNED TO JUDGE: Do ~ot telephone Judge for status. Do not send Judge courtesy copies. ~(RESPONDING PARTIES MUST INCLUDE THIS NUMBER ON ALL FILINGS) Term, 2001 STEPHEN HILLEGAS and JANINE BILLEGAS VS. '11t~ TOR~ & COUNTRy MANAGEH~I~ COMPAI~IY and ERNEST L. HAIIRER, JR. Type of Motion: Preliminary Obeetton.q to Plaintiffs ' Comnlaint Response due: March 30,7001 OR Response to: CASE STATUS (answer all questions) I. Is this case: A. COMMERCE PROGRAM Name of Judicial Team Leader: Applicable Motion Deadline: Has deadline been prcvlously cxtcnded by thc Court? []Yes []No B. DAY FORWARD/~IAJOR JURY FJury Demand & Fee Pald) Name of Judicial Team Leader: Applicable Motion Deadline: Has deadline been previously extended by the Court? l--lYes []No C. NON JURY Date Listed: D. ARBITRATION ArbhradonDate: October 4. 2001 fa E. ARBITRATION APPEAL Listed on: F. OTHER: Date Listed: Name of Filing Party: Town and Country Management Company and Ermest L. Maurer, Jr. (Check one) [] Plaintiff ~i[ Defer{dam (Check one) ~[ Movant [] Respondent Has another motion been decided in this case? [] Yes 1~ No Is another motion pending? [] Yes 1~ No If the answer to any of the above questions is.yes, you must identyy thejudge, and the relationship of the motion(s) to the present motion, including the status of the motion(s). Please attach a separate sheet with your statement. II. OTHER PARTIES (Name, address and telephone number of all counsel OF record and unrepresented parties. Attach a stamped addressed envelope for each attorney of record and unrepresented party.) Jeffrey lt. Penneys, Esquire CLEARFIELD, GABER h KOFSKY, P.C. Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 563-6333 Attorney for Plaintiffs (If needed, use h ere~~~~d ~/a~:la(nCd~s the t sanctions may be imposed for inaccura, This Motion will be forwarded to the Court after the Response Date. Date will be granted even if the parties so stipulate. PROTHONOTt~RY'B OFFICE PHILAOELF'HIA, PA, Store II 0001/Recel,,t Il 966284 Reg. Il 1 ~03/02/01 at 15:27 Cash In Clkii 1 ~Sale Clkll 1 CT&II: 010~0o1~ 000000000051 102.00 DFT'8 1ST CH/FC E i ~ $ 102.00 $ 102.00 S~,-Total $ 102.00 Total 8,~Le $ 102.00 Check Amomt $ 102.00 Change Due $ 0.00 JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : vs. THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 ~RDER AND NOW, this day of , 2001, upon consideration of Defendants, The Town and Country Management Company and Ernest L. Maurer, Jr. 's, Preliminary Objections and any Response thereto, it is hereby ORDERED and DECREED that the Preliminary Objections are SUSTAINED and this matter is dismissed for lack of appropriate venue, or in the alternative, this matter is transferred to the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, all costs regarding same to' be paid by the plaintiffs. BY THE COURT: Jo JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : COURT OF C05~40N PLEAS PHILADELPHIA COUNTY vs. : THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : FEBRUARY TERM, NO. 319 2001 A'ri'EST X 7.0 1 PRELIMINARY OBJECTIONS M~..~,' ~n.l~! OF DEFENDANTS THE TOWN AND COUNTRY MANAGEMENTCOM~.,-,.~.,~f~' 1. This action was commenced by the plaintiffs against the defendants by means of a Complaint filed on February 7, 2001. A true and correct copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "A". 2o of a motor vehicle accident, which occurred on April 17, 1999 Interstate 1-81 in Cumberland County, Pennsylvania. 3. The accident site is not in Philadelphia Countyl but located in Cumberland County, Pennsylvania. This is a Civil Action for personal injuries arising out on is 4. Defendant, Ernest L. Maurer, Jr., who was operating the vehicle owned by Defendant, The Town and Country Management Company, resides at the address listed on Plaintiffs, Complaint. He does not reside in Philadelphia County. 5. Defendant, The Town & Country Management Company, is a L~mited Partnership based in Baltimore, Maryland. This Limited Partnership does not conduct ~usiness in Philadelphia County. 6. C.T. Corporation System is a Company, with an office in Philadelphia that is authorized to accept service on behalf of The Town and Country Management Company for cases that have venue in York County. C.T. Corporation System has absolutely no affiliation with Defendant, The Town and Country Management Company. 7. The plaintiffs, Stephen Hillegas and Janine Hillegas, live in Allentown, Pennsylvania, which is in Lehigh County. They do not reside in Philadelphia. 8. There is absolutely no connection with Philadelphia County other than C.T. Corporation System, which is a nationwide based company that contracts to accept service of process on behalf of clients. C.T. Corporation System's only Pennsylvania office is located in Philadelphia, Pennsylvania. The designated county of venue for accepting service on behalf of The Town and Country Management Company is York County. 9. Defendant, The Town and Country Management Company is a Limited Partnership and pursuant to the Pennsylvania Rules of Civil Procedure, an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose. 10. This accident occurred in Cumberland County not in Philadelphia County. The Defendant, The Town and Country Management Company, does not do business in Philadelphia County. T~erefo~e, venue in this case is improper. WHEREFORE, the Defendants, The Town and Country Management Company and Ernest L. Maurer, Jr., request that this matter be dismissed for lack of venue, or be transferred to the Court of Common Pleas of Cumberland County. Respectfully s ubmi~, //~/~AtI t o~e~y/f orGEDLeE~ endant s' The Town & Country Management Co. Ernest L. Maurer, Jr. MICHAEL P. GELETA, hereby states that he is the attorney for Defendants, The Town and Country Management Company and Ernest L. Maurer, Jr., in this action, and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Attorney for Defendants, The Town & Country Management Co. Ernest L. Maurer, Jr. JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : COURT OF COMMON PLEAS PHILADELPHIA COUNTY vs. : FEBRUARY TERM, 2001 THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : NO. 319 MEMORANDUM OF LAW This is an action for personal injuries allegedly sustained in a motor vehicle accident, which occurred April 17, 1999 on Interstate 1-81 in Cumberland County, Pennsylvania. Defendant, Ernest L. Maurer, Jr., was the operator of a motor vehicle owned by Defendant, The Town and Country Management Company. Defendant, Ernest Maurer, Jr., does not reside in Philadelphia County. Defendant, The Town and Country Management Company is a Limited Partnership based in Baltimore, Maryland. The Town and Country Management Company does not do business in Philadelphia County. The Defendant, The Town and Country Management Company manages certain real estate properties. The closest properties to Philadelphia are in Lehigh, York and Danca~ter Counties respectively. Defendant, The Town a~d Country Management Company, has authorized C.T. Corporation System to accept service on its behalf for Pennsylvania cases with a venue in York County. C.T. Corporation System is not in any way affiliated with Defendant, The Town and County Management Company. C.T. Corporation System is a business, which is in business to accept service of process for clients. The Defendants have filed Preliminary objections, raising the issue of improper venue over the defendants, which are now before this Court for disposition. II. ~: 1. Is venue proper in Philadelphia County? The defendants assert that it is not. III. ARGI~NT: Preliminary Objections are the proper method of raising questions or jurisdiction and improper venue. Pa. Rule of Civil Procedure 1028 (a) (1) provides as follows: "(a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form of service of a writ of summons or a complaint;...,,. Pa.R.C.P. 1028(a) (1). Pa. Rule of Civil Procedure 1006(a) provides, inter alia, that "...an action against an individual may be brought in and only in a county in which he may be served or in which the cause of action arose " PA.R.C.P. 2130(a) provides as follows: "... an action aga%nst a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose". Pa.R.C.P. 2130 (a) . In this case, the cause of action arose in Cumberland County and not in Philadelphia County. Defendant, Ernest L. Maurer, Jr., resides in Dauphin, Pennsylvania, which is not in Philadelphia County. Defendant, The Town and County Management Company is a Partnership that does not do any business in Philadelphia County. Venue is improper in Philadelphia County and the matter must be transferred. IV. 2DAICLLLS_/_0~: For the foregoing reasons, venue in this matter is improper in Philadelphia County. Respectfully submit ted,// · -J /~r~ o~' ~fendants, zj~. The Town & Country Management Co. · Ernest L. Maurer, Jr. ¢ ,,u~'l oFCammon Plea. .>hiladelphia Coumy Tn~ D~vi~ion Civ_l! C_o. v~.r Sheet ~0 CTCor~ SyArem. 15t5 Mar;~¢, 521 S:one7 C~e~k Road PROTHONOTARY. ,, I.h^RFIELD. GABER & KOFSKY. ?.C B,.,'. Jct'frey H. Pcnn~ys, Esquir~ Idcnt~l]cat}on No 76243 5uburb,t~ 5ration Buiiding - Suite 353 - (-~TJ~KBoulevzrd II [ dclphk,. PA 19103 STRPHEN HILLEGAS~ J~' ' I IlLLEGAS. ~w ~ ~- ~Hcm,~n. PA 18102 ~0'~"' THE 'IOWN AND CO.TRY M~NA~EMENT L'c)MPANY c/. C T. CnrporatiOn System 1515 M~rke~ Stre~t-Suit~ 1210 Philadelphi:~, PA J9102 I(RNEST L. MAU~R, JR. 521 Stoney Creek Road IXmph]n. PA ASSESSMENT OF D.,',.MA(.;L:N III ,\ R l,',.b I$ RBOtIIRED nnr 4 Z~Ol At[orney for Piaimitt's COURT OF C('}MN~('}N Pl.E,\S PHILADELPHIA C 0 b'?',"l' Y FEBRUARY TFRk'I. 2,3i:1 NO, CO~MPLAINT IN CIVIL ACTION (Code 2V- Motor Vehicle Negligence) NOTICE ~r r..F~'RRAC & I~'FOR~IATIO;~ SIR', ICI GENERAL AVERMENTS . I. Pbintiffs, Stephen Hillega~ and Janine Hillega~, arc adult and wilk. who reside at the abave-capfigned address DeFendant. Ernest L. Maurer. Jr, is ~n adult indi~idttal ~.Hathm address. 3. Defendant. Th~ To~ ~nd Count~ M~nagcm~n( Company as "TeaC"), is a Me.land limited pamnership licensed to conduct above-captioned address At all times mareriaI hereto Detknd~.m. Ernest L. Maurer. Jr .md control Defender, TCMC's 1997 Ford F-250. Pennsylvania Tag No m~ol,,,ud tn this accidenl. 5. On or ~bout Aprtl 17. 1999. en l-gI (South} SR0081/62l R,~ad/SR0944, Cumberl~d Count, East Pemnsbora 'Fo~ship, Pe~sylvanin. tt, cullid= with PiainfifL Stephen Hillegas, a p~destrian, causing him Io r~thcr {t~sses hereina~er more ~lly set fo~h. 6. The negligence and carelessness rd' the de~ndant~, acting ~1 thc Ibtlowing: (b) operating the atDremcmioned vehicle ~[ an excessive r,m., r,t' 5Fcc,.i failing to have proper and adequate control of the albremcn!~ortcd so as to avoid accidents; (c) ,~F Io warn Of the approach of Ibc aI~ .I',CII[;O~:(~! ~.'k;Li~ regard For [he richts and safety oF thc ~laind ff. (d) lmailin8 to keep a proper iookouL (el t%iling to yield ~o ono~ming traffic, (t) Dcfe,dant. TCMC ~cgligcntly conqcnted and cmr~:,~,~; Dcrcndam. Ernest L Maur~r. Jr..~ho they knew ur shc, v~d would operate the v:hicl: in an negligent and careless mannrr propensity toward negligence and (gl neglig=nce per se; and ih) m being otherwise careless, recklc>~ and ncgligc~r l[;c which are presently u~nuwn [o plaintiff bur which re,t> bc ',camco h'. d[scoveO' procedures provided hy the Pennsyl~ada ~ule< of Procedure or which may be learned at ~he trial of ~hi~ dclcndants, acting as a¢orcsaid, and was due in no manner whatsoever to a~v: act or COU~T I PLAINTIEF, STEPHEN HILLEGAS v. DEFESBANTS, TC.MC E~NEST L. MAU~B, JR. c,,m;dncd h~ [he General Ave~unts. us if they were ~t forth ~t k ng[h 9 As a result of this accident. Plaintiff. Stephen Hilleg~s. h,,> >uCFc,cd ml',~,- which are or may be serious ~d pc~ent in nature, including but not limi:ed to scparation, acute severe right shoulder pain. acute ulnar nerve neuropr2xt2 :,uq:!e sp ,.r',- I'l:,h~ulFs health c~te providers. ~li of which miurics hBvc in ~hc pasL c,m~ I'l:dnHff gre~ pain ~d suffering I(1 &s ~ [urth~r resLd~ ot'lh~ccidcnt. Plaintiff, ~tcphcn I[itlc~,. ,~,cl~ expenditures for an indcfinkc time in the Future hcrc~F~Cr suffer a severe ]os~ oFeamings and impa~en~ oreamin~ power ]2. A~ a ['u~hcr rest'It of this uccident. Pl~imiff. Slephen m~.thc:dl) tlctcrminabl~ ph)sica] and/or mcnt~[ imp~irn',eo¢ which prcvLnt~ [sc~ f'nr'ming ~J] or substantially ~[ o~ the material acts and duties which c~msum~ud Stephen ~[iHcgas. has incu~cd or may hereafter incur, other financial expenses. exceed the ztmaunt which plaintift'may o~he~vise be enridcd to recover As a rusher result ofth~ acciden~ at%remendoned. PlaintiFf'. htd'iurud severe physical pain, mental anguish, and humiliation, and may conHnuc WHEREFORe, Plmrtfi'L S[cphen }{]l]c~as, demands judgment i,~ ~,,~.~ mtcrcxt and costs COUNT 1! PLAINTIFF~ JANINE HILLEGAS v. DEFENDANTS, 'FCMC ERNEST L. MA. URERI .IR, LOSS OF CONSORTIUM 1 5 PlainfilL Janine Hillegas, incorporates by reference hereto, ell ~)' the J6. Salely as a re~ul~ at'the ,"al'Bred. aid ncg[Jgwncu mid ea~'c]o;srles-, ,d' thc I )ul,:,:,l Plaintiff, Jan/ne Hdlcgas, as s!2ouse of Piarn:tff. Stephell Hillegas, has beer~ deprived >,,~ icl>. com0anionsh[p, aid. assistance, earnings, and earning po,,ver and cons,~nlum fi,mncinl loss and dea'nagc. WHEREFORE, Ptatntiff. Janme l-[illegas, demands judgment against the def.::~dam,, imr~kl.', und/ar severally, for damages, in an umo[~nt nol in e~cess ti'the arb~tr,~tion Iim~t~. BY: CLEARFIELD, GABER & KOFSKY, P.C. JEFFREY H. P~{Nr~.YS, ESQUIR[' Attorney for Plflintj'ffs, Stephen Htlle!~as'~nd Jsnine Hillegm,, VERIFICATION I... __ hereby verify that I am the ...... ~'~..,,\',t'~; ii- in Ihe altachcd . ~_,',_.~l C~omj~l ~[. . and that the fac~s set Iorth herein are true end correct to the best of my knowledge, in¢o-mat~on a~o belieL I underg[and ~h~t f~sm statements m~dm herein are subjec~ ~o ~he penalties of th~ 18 PA C.S. ~49~, relating [o unsworn falsHlca~ion ~o aothorH~cs Michael P. Geleta Jacobs & Saba 1515 Market Street Suite 1110 Philadelphia. PA 19102-2091 (215) 762.0400 FAX (215)762-0472 TDD (800) 622-2421 Not a Partnership Direct Dial No.: (215) 762-9446 Refer to File No.01PHOOI39 March 2, 2001 Jeffrey H. Penneys, Esquire CLEARFIELD, GABER & KOFSKY, P,C. Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 RE: Stephen Hillegas and Janine Hillegas vs. Country Management Company and Ernest L. Dear Mr. Penneys: The Town and Maurer, Jr. Kindly be advised that I represent Defendants, The Town and Country Management Company and Ernest Maurer, Jr. Enclosed please find Preliminary Objections that I have filed on their behalf regarding venue in Philadelphia. Please let me know whether or not you will be willing to Stipulate to transfer the venue to Cumberland County. I have also enclosed a Request for Production of Documents and Things as well as Interrogatories Set I and Set II. You are required to respond to the Preliminary Objections, if you so'wish, within thirty days. MPG/mbd Enclosures Employees oFNationwide (R) Mutual Insurance Company Betl~leb, em · Camp Hill · Canonsburg · Doylestovm * Greer~burg · Media * Norffatown · Philadelphia · Warrendale · Wilkes Barre EXHIBIT C PHILADELPHIA COURT OF COMMON PLEAS MOTION COVER SHEET FOR COURT USE ONLY ACTION' ASSIGNED TO JUDGE: Do not telephone Judge for status. Do not send Judge courtesy copies. Stephen and Janine Hillegas, The Town and Country Management Company, et al. Type of Motion: Control Number: (RESPONBING PAR TIES MUSTINCI. UD TI-ilS NUMBER ON ALL RUNGS) Februar? Term 2001 No. 319 Name of'Filing Part.,.,: Plaintiffs (Check one) [] Plaintiff [] Defendant ~Chec'k one) [] Mo;ant [] Responcent Response due: OR Response to: Prelimiaary Objections CASE STATUS (answer all questions) I. Is this case: A. COMMERCE PROGRA,M Name of Jr d~cia[ Team Leader: Applicab]¢ Motion Deadline: ._ [] ve~ [] No [] Yes [] No D. A~mTRAT~O.~ Arbitration Date: ~ O,~tg_b_er 4~,20~!~ 9:30 a.m. _ Has another motion been decided in this case? [] Yes [] No Is another motion pending? [] Yes [] No If the atts}~et' to any of the above questions il' ),es. you must idettt(~i the jtu~4e, and the relationship of the .lotion(s) to the present motion, inchtdin$ tile status of the motionfs) Please attach a separate sheet with )'our statement. Il. OTHER PARTIES Michael P. Geleta. Esquire Jacobs & Saba 1515 Market Street- Suite 1110 Philadelphia, PA 19102 (215) 762-0400 Attorney for Defendants By fil. ing this document and signin~J~low, the moving party certifies that this mo on/petition, along with all documents filed m the Motions Proeram. wi3{'be Immediately served upon ail counsel and unrepresented parties in accordafice with Phila. Cf, ii Rule ~ iCxg'~h4rrt/ore, moving party verifies that the answers made herin are true and correct and under- stands that sancpns ~e/j~pos't~ for inaccurate or incomplete answers. .......... ~_.__ ,, l~//__ __ Jeffrey H. Penneys, Esquire 76243 (Attorney Slgllllrtlt'e/( IepFesented Party) (Print fi,'ante) (Attorney I.D..\'o This Motion wi be forwarded to the Court after the Response Date. No extension of the Response Date be granted even if the parties so stipulate. CLEARFIELD, GABER & KOFSKY, P.C. By: ' Jefi-¥ey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JAN[NE ttlLLEGAS, h/w THE TO'&~%r AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 ORDER AND NOW. this day of .2001. upon consideration of Defendants' Preliminary Objections and Plaintiffs' response thereto, it is hereby ORDERED and DECREED that said Preliminary Objections are OVERRULED, and venue shall remain in Philadelphia County. BY THE COURT: CLEARFIELD, GABER & KOFSKY. P.C. By: · JeflYey H. Penneys. Esquire Identification No. 76243 Suburban Station Building- Suite 355 . 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS. h/w THE TO~,¥~'4 AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER. JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 PLAINTIFFS' RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS 1.-3. It is admitted that Plaintiffs' Complaint speaks for itself. 4. Plaintiff can neither admit nor deny the allegations stated in this paragraph. Strict proof of same is demanded at trial. 5. Denied. Upon information and belief, Defendant, The Town and Country Management Compan) (hereinafter referred to as "T&C Management") not only conducts business in Philadelphia County. but they also have an office for service in Philadelphia Count% where they were sen'ed. 6. Denied. Denied as a conclusion of la~x to which no response is required by the Penns) lvania Rules or'Civil Procedure. Strict proof of same is demanded at trial. 7. Admitted. 8. Denied. Denied as a conclusion of law to which no response is required by the Penns> Ix ania Rules of Civil Procedure. By ;,,'ay of further response. Defendant misleads the Court by suggesting that York County is the "designated count)' of venue for accepting service on behall'oP~ De£endant. This is simply not true, since Plaintiffs served their complaint on Defendant, T&C Management at it's registered office for service located in Philadelphia County. (See Affidavit of Service attached heretc~ as Exhibit "A"). Lastly, if York County is the dcsigm~tcd county o1' venue 1bt accepting serxice, xxbx does Defendant request that this case be transferred to Cumberland County? Strict proof of same is demanded at the time of trial. 9. It is admitted that Pennsylvania Rule of Civil Procedure 2130 speaks for itself. Hoxx exer. it is Penns5 [vania Rule of Civil Procedure 2 179 ~xhich is applicable to this case. Because Defendant, T&C Management has an office for service located in Philadelphia County and was served Plaintiffs' complaint in Philadelphia County, pursuant to Pennsylvania Rule of Civil Procednre 2179, venue is proper in Philadelphia County. Furthermore. Defendant's bald assertions that it is a limited partnership are unsupported by any objective ex idence of same. Interestingly, the limited partnership designation does not even appear in the corporation's proper corporate name. Strict proof of same is demanded at trial. t0. Denied. Denied as a conclusion oflaxx to xxhich ~ao response i* required by the Pennsylvania Rules of Civil Procedure. By way of further response, because Defendant, T&C Management has an office for service in Philadelphia County and was served Plaintiffs' complaint in Philadelphia Count>'. pursuant to Penns.x lvania Rule of' Civil Procedure 2179, venue is proper in Philadelphia County. WHEREFORE. Plaintiffs reqnest that this Honorable Court OVERRULE Defendants' Preliminary Objections. and retain venue in Philadelphia County. Respectfully submitted. BY: JEFFRE~ ~t. P~NFfYS, ESQUIRE Attorney fo~Pla'pati~fs, Stephen Hillegaskadd Janine Hillegas, h/w CLEARFIELD, GABER & KOFSKY. P.C. By: Jeffrey H. Penneys. Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia. PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE H II. I, E G A S. h 'xx THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER..IR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 PLAINTIFFS' MEMORANDUM OF LAW IN SbPPORT OF THEIR RESPONSE TO DEFENDANTS PRELIMINARY OBJECTIONS. Plaintiffs. Stephen Hillegas and Janine Hillegas. h/~. by and through their attorney, Jeffrey H. Penneys. Esquire, hereby respond to Defendants' PreliminmT OI2iections as follows: I. FACTS On or about April 17. 1999 Defendant Ernest L. Maurer. Jr.. operating a vehicle owned by Defendant, The Town and Country Management Company (hereinafter referred to as "T&C Management"). struck Plaintiff. Stephen Hillegas. a pedestrian, causing him to sustain serious, personal injuries. This action was commenced on February 7, 2001 and served on Defendant. T&C Management in Philadelphia County on February 12, 2001. (See Affidavit of Service attached hereto as Exhibit "A"). Defendants have filed the instant Preliminary Objection asserting improper venue, and request that this Honorable Court either dismiss the action or transfer venue to Cumberland Countx. Becaase Defendant. T&C Management has a registered office for service and ~as serxed Plaintiffs complaint in Philadelphia County? pursuant to Pennsylvania Rule of Civil Procedure 2179. venue is proper and should remain in Philadelphia County. As such. Defendants' Preliminary Objections should be overruled, and venue should be retained in Philadelphia Connty. II. ISSUE IS VENUE PROPER IN PHILADELPHIA COUNTY WHEN DEFENDANT, T&C MANAGEMENT HAS AN OFFICE FOR SERVICE IN PHILADELPHIA COUNTY, AND WAS SERVED PLAINTIFFS' COMPLAINT IN PHILADELPHIA COUNTY.° III. LEGAL ARGUMENT THIS COURT SHOULD NOT TRANSFER VENUE OR DISMISS PLAINTIFFS' COMPLAINT~ AS VENUE IS PROPER IN PHILADELPHIA COUNTY Defendants have filed Preliminary Objections regarding Philadelphia County venue requesting that this Honorable Court either dismiss this action or. ahernativels, transfer this action to Cumberland County. As a threshold matter, this Court may not dismiss Plaintiffs' complaint pursuant to Penns> lvania Rule of Civil Procedure 1006(e). Rather. if appropriate, the coart must transfer the case to the proper count.~. See Pennsylx ania Rale of Civil Procedure 1006(e). Pursuant to Pennsylvania Rule of Civil Procedure 2179. venue is proper in Philadelphia County since Defendant. T&C Management, is a "corporation or similar entity" registered with the Pem~s3 [vania Corporation Bureau. Pennsylvania Rules of Civil Procedure 2179(a) states, in · relevant part, as follows: lA] personal action against a corporation or similar entity may be brought itl and only in (1) tile county where it's registered of'rice or principal place of'business is located: (2) a county where it regularly conducts business. See Pennsylvania Rule of Civil Procedure 2179 Here, Defendant T&C Managemeat. has a registered office for service located at 1515 Market Street. Philadelphia County. and xxas served at that office. (See Affidavit of Service attached hereto as Exhibit "A"). Simply put, defendant was served in Philadelphia County and has provided no basis to justify a transfer. XA:HEREFORE, Plaintiffs request that this Honorable Court OVERRULE Defendants' Preliminar3 Objections, and retain venue in Philadelphia County. IV. CONCLUSION. Ptt~'suant to Pcn~s5 Ix ania Rnle of Civil Procedtire 2179. x eique is proper in Philadelphia County, since Defendant, T&C Management, was served in Philadelphia County. Pursuant to Pennsylvania Rule of Civil Procedare 2179, venue is proper in Philadelphia County since Defendant. T&C Management has it's registered office in Philadelphia County. Defendant, T&C IVlanagement. has not presented any evidence, other than mere unsupported allegations that it is not a corporation and therefore not amenable to Philadelphia venue. Defendant has provided no affidavits from its principals, no Articles of Incorporation, no Penns5 lvania Corporation Bureau documentation, tax records, etc., to support their position. For all the aforementioned reasons, Defendants' Preliminary Objections should be OVERRULED· and venue should remain in Philadelphia Count),'. BY: Respectfully submitted, CLEARFIELD,. GiB~C. JEFFREY H. PEN~'T~' ¥S/ESQUIR£ Attorney for Plainti ,/ Stephen Hillegas an ~nine Hillegas, h/w VERIFICATION JEFFREY H. PENNEYS, ESQUIRE hereb> states that he is attorne.~ tbr the plaintiffs in this action, that he is acquainted with the facts set forth in the foregoing pleading, and that the same are true and correct to the best of his kno~vledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of I$ Pa. C.S.A. {}4904 relating to nnsworn falsification to authorities. CLEARFIELD, GABER & KOFSKY, P.C. By: · Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulexard Philadelphia. PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS. h,'x~ THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COL%'TY FEBRUARY TERM, 2001 NO. 319 CERTIFICATION OF SERVICE I, Jeffrey H. Penneys, Esquire, do hereby certifT that on March 29, 2001, a true and correct copy' of the attached pleading has been duly served upon ali interested parties or their counsel x ia U.S. Mail. postage prepaid: BY: CLEARIELD, GABER AND KOF~I(~P.C. JEFFREYH. P ':~N~ ESQUI~RE Attorney for Piaintif[s, Stephen Hiilegas anc[~ ine Hillegas, h/w E X H I B I T "A" Metro Filine Services. Inc. Philadelphia Association of 2021 ARCH STREET ' -' '. .................. Professional Process Servers PHILADELPHIA, PA 19103 · (215) 981 FILE :-, r_.7. ,-A, FEiDA~ViT ~F SERVICE PLAINTIFF(S) .-. COURT TER~M and NO. COUNTY Stephen Hillegas · - , ,, i 01-02-0319 Philadelphia DEFENDANT (S) DATE PREPA. EED rSERVED BY The/own & Country Mana§emenICo. Feb 15, 2001 I Brian Daly SERVE AT I =,d Subooena -- ,_.J Notice o1' Rea'l Estate Sa~de :_!Other c/o: CT Corporation 1515 Market Street Philadelphia, PA 19103 SPECIAL iNSTRUCTIONS Civil Action 3Summons ~Writ Of iObIPANY CONTROL NUMBS.;. 28978 Served and made known to The Town & Country Management Co. on the 12 day of February 2001 , at 10:46 AM at c/o: CT Corporation , Count,/of Philadelphia Commonwealth of Pennsylvania, in the manner described below: ~ Defendant(s) personally sen.,ed -- ~u~, family memoer ~viin whom said Oefendan~(s) reside(s). Relationship is =r Adult in charcfe o Defendant s residence who refused to cf ve name or relationship. v'~_ Agent or person in charge of Defendants's office or usuai place of business. Heather Zygmunt ----' Other an officer of said Defendant company Description Ac!e Height: On the da,,, of Defendant not found because: -- Moved Weight Race: , at Unknown i-~ No Answer ~' Vacant ~ Other Sex: NAME OF SERVBR Brian Dalv being duly sworn according to law, deposes and says that he/she is process server herein names; and that the facts herein set forth above are , ,.= a .. correc! to t, ,~ besi of their knowredge, information and be!ief. ' Sheriff Process Server/Competent Adult Law Firm Clearfield, Gaber & Kofsky Attorney's Name Jeffrey Penneys Address One Penn Center, Ste. 355, 1617 JFK BLvd. Philadelphia, PA 19103 Telephone # (215) 563-6333 Client # 549 NOTA~IAL SEAL ATTEST PRO PROTHY DATE EXHIBIT D Vo and IN THE COURT OF COMMON PLEAS 'FOR PHILADELPHIA COUNTY [lIST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIV~SION FEBRUARy TERM, 2001 ~:. ,,~ :. ,¥ : RECEIVED : NO. 00319 : APR 1 2 2001 THE TOWN AND cOUNTRY MANAGEMENT CO. and : ERNEST L. MAURER, JR. : Defendant : CIVIL ADMINISTRATION CONTROL NO. 022116 AND NOW, this //~'day of ._y~_ . ,2001, upon considerationqdefendants' Preliminary Objections to plaintiffs' Complaint, and plaintiffs' Answer to the Preliminary Objections, it is hereby ORDERED that, within thirty (30) days of the date of this Order, the parties shall take depositions and discovery on whether defendant The Town and Counh'y Management Co. is a limited parmership or a corporation, in order to determine the propriety of venue in Philadelphia County. Within within fifteen (15) days thereafter, each of the parties shall file in Motions Court an entire Motions Court package under the above-captioned Control Number, realleging the Preliminary Objections and Answers thereto, together with memoranda of law and including any supporting documentation. Failure to comply with this Order shall be deemed a waiver of the Preliminary Objections or Answer. COPIES SENT PURSUANT TO Pa. R.C.H. 23S(b) APR i 2 ZOO1 First Judicial Distri~ of Pa. User I.D.: BY THECOURT: DOCKETED APR 1 2 7.001 D. BUPP CIVIL ADMINISTRATION EXHIBIT E ~1/04/1995 1G:27 410 -i~-4887 TONN & COUNTRY PAGE 02 AFFIDAVIT OF DENNIS E. SMITH ,',;'I'ATE OF MARYLAND ) ) SS: t TI'Y OF BALTIMORE ) Now comes Dennis E. Smith, being first duly sworn, deposes and states as follows: I. I make this Affidavit baaed upon my own knowledge, information and belief and where stated upon information and belief, I believe thc infonmation to be true. 2. [ am Vice President of The Town and Country Trust, a Maryland real estate investment trust ("TC"~') the common shares of beneficial interest of which are listed on Thc New York Stock Exchange. I have been employed by TCT since its formation in August, 199.'t and I was employed by the pa, ede~essot owners of TCT's apartment properties prior to August, 1993. I am Ihmiliar with the organizational slxueture and real property ownership and operations of'l'CT and Ihe other entities described below. 4. TCT is thc managing general partner of The TC Operating Limited Partnership, a Maryland limited partnership ("TCOLP') in which TCT owns an approximate 86% general parmcrship interest. 5. TCT conducts all of its real estate ownership through TCOLP and subsidiary partnerships controlled by TCOLP and conducts all of its real estate management operati.ns through TCOLP. 6. Prior to the formation of TCT and TCOLP in August 1993, certain of thc predecessor owners of TCT's apartment properties managed such properties through The Town ~md Country Management Corporation, a Delaware corporation owned by them ("TCMC"). t',mcurrently with the formation of TCT and TCOLP, such predecessor owners contributed ull off the capital stock of TCMC to TCOLP, and the separate corporate existence of TCMC ceased. ~O1/04/199S 1S:27 d10-752-4887 TOWN ~ COUNTRY PAGE 03 7. At all times since August 1993, all of TCT's real estate management functinns huvc been condu~qtecl by TCOLP and its employes. 8. TCOLP has, m various times since August 1993 and in various jurisdictions in which it owns retl property, conducted its real estate management operations under the fictitious re,mc "The Town and Counl~T Management Company". 9. None of TCT, TCOLP, TCMC or any subsidiary pmancrship presently conduct or have at any time conducted any business operations in Philndelphia County, Pennsylvania. FURTHER AFFIANT SAYETH NA~~.~, ~ Dennis E. Smith SWORN TO BEFORE ME and subscribed in my presence this t~" d~a~y o1' April, 2001. NOTARY PUBIt~C NOTAI~r PUBLIC STALE OF MAI~ND My Commission I*',xpires Michael p. Geleta Jacobs & Saba 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0403 FAX (215) 762-0472 TDD (8~0) 622-2421 Not a Paxtnership Direct DialNo.: (215) 762.9446 Refer to File No.01PH~0139 May 17, 2001 Jeffrey H. Penneys, Esquire CLEARFIELD, GABER & KOFSKY, P.C. Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 RE: Dear Mr. Stephen Hillegas and Janine Hillegas vs. The Town and Country Management Company and Ernest L. ~ Maurer, Jr. Penneys: In accordance with Judge MCInerney,s Order of April ~nclosed please find Defendants, xmproper venue. MPG/mbd Enclosure 11, 2001, Preliminary Objections re-alleging VeryTruly ~9~.~? ~/ Employees of Nation~w de (R) Mutual Insurance Companv Bethlehem, Camp Hill · Canonsburg, Doylestown, Oreensburg, Media · Norristown . Philadeyhia · Warrendale , Wilkes Barce PHILADELPHIA COURT OF COMMON PLEAS 'MOTION COVER SHEET FOR'COURT USE ONLY ACTION ASSIGNED TO JUDGE: Do not telephone Judge for status. Do not send Judge courtesy copies. STEPHEN HILLEGAS and JANINE HILLEGAS Control Number: CZ2116 (RESPONDING PA R TIES MUST INCLUDE THIS NUMBER ON ALL F/LINGS) Month · ., ~,~'~1~. 319 Name of Filing Party: Term, _2001 Year VS. 'l.'Ul~ Tor~ & COUNTRY MANAGEMENT COYlPANY and ERNEST L. I'IAIJR~R, JR. 62. Town and Country Management Company and Ernest L. Maurer, Jr. (Checkone) [] Plaintiff ~[ Defendant (Check one) ~ Movant [] Respondent Type ofM0fi0n: Pre__xglJllI'-ll2L0heetions to Plaintiffs ' Complaint R:sponse due: March 30~ 2001 OR Response to: CAgE STATUS (answer all questions) I. Is this case: A. COblbIERCE PROGRAM Name of Judicial Team Leader: Applicable Modm~ Deadline: Has deadline been previously extended by the Court? [~Yes ~]No B. DAY FORWARD/MAJOR JURY (Jury Demand & Fee Paid) Name of Judicial Team Leader: Applicable Motion Deadline: Has deadline been previously extended by the Court? [] Yes [] No C. NON JURY Date Listed: D. ARBITRATION Arbitration Date: October 4. 2001 (8 0:30 a.m. E. ARBITRATION APPEAL Listed on: F. OTHER: Date Listed:. Hasanothermotionbeendecldedinthiscase? I--lYes 1~ No Is another motion pending? [] Yes ~ No If the answer to any of the above questions is yes, you must identify the judge, and the relationship of the motion(s) to the present motion, including tl',e status of the motion(s). Please attach a separate sheet with your statement. II. OTHER PARTIES (Name, address and telephone number or all counsel of record and unrepresented parties. Attach a stamped addressed envelope for each attorney of record and unrepre$=nted party.) Jeffrey H. Penneys, Esquire CLEARFIELD, GABER & KOFSKY, P.C. Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 563-6333 Attorney for Plaintiffs DOCKETED MAR 0 7 5001 .errJ. ,KEtJ MF t By filing this document and signingbelo~he moving or responding party certifies that this motion/petition/response,along with all documents filed in the Motiops'~ogram, will be immediate!y served upon all counsel and unrepresented parties in accord ance~hila. Civil ~t~.,2~.J)(.1 (C). Furthermore, the moving or responding party verifies that the answers made $~n~ ~"A~r~y/U~repr~es~nted party) (Print Name) (Attorney I.D. No.) This Motion will be forwarded to the Court after the Response Date. No extension oftheResponse Date will be granted even if the parties so stipulate. 30-1061 (Rev SI00) IN THE COURT OF COMMON PLEAS FOR PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION STEPHEN HILLEGAS and JANINE HILLEGAS Plaintiff, THE TOWN AND COUNTRY MANAGEMENT CO. and : ERNEST L. MAURER, JR. : Defendant : FEBRUARY TERM, 2001 RECEIVED NO. 00319 APR I 2 2001 CIVIL ADMINISTRATION CONTROL NO. 022116 AND NOW, this //~'day of ..~9~ ~,. . ,2001, upon consideration~defendants',,~ Preliminary Objections to plaintiffs' Complaint, and plaintiffs' Answer to the Preliminary Objections, it is hereby ORDERED that, within thirty (30) days of the date of this Order, the parties shall take depositions and discovery on whether defendant The Town and Country Management Co. is a limited parmership or a corporation, in order to determine the propriety of venue in Philadelphia County. Within within fifteen (15) days thereafter, each of the parties shall file in Motions Court an entire Motions Court package under the above-captioned Control Number, realleging the Preliminary Objections and Answers thereto, together with memoranda of law and including any supporting documentation. Failure to comply with this Order shall be deemed a waiver of the Preliminary Objections or Answer. COPIES SENT PU~SUANTTO Pa. H.C.P 236(b) APR 1 First Judicial Distri~ of Pa. userm.: BYTHECOURT: DOCKETED APR 1 2 2001 D. BUPP CMLADMINISTRATIQN JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : vs. : THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 CZZ116 AND NOW, consideration Company and Ernest L. Maurer, ~RDW. R this day of , 2001, upon of Defendants, The Town and Country Management Jr. 's, Preliminary Objections and any Response thereto, it is hereby ORDERED and DECREED that the Preliminary Objections are SUSTAINED and this matter is dismissed for lack of appropriate venue, or in the alternative, this matter is transferred to the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, all costs regarding same to be paid by the plaintiffs. BY THE COURT: Jo JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : COURT OF COMMON PLEAS PHILADELPHIA COUNTY vs. : FEBRUARY TERM, 2001 THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : NO. 319 PRELIMINARY OBJECTIONS OF DEFENDANTS THE TOWN AND COUNTRY MANAGEMENT COMPANY ANT~ R~NR~T T,. MAI~: JR. TO PT,ATN~IF~, ~OMPAN¥ 1. This action was commenced by the plaintiffs against the defendants by means of a Complaint filed on 'February 7, 2001. A true and correct copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "A". 2. This is a Civil Action for personal injuries arising out of a motor vehicle accident, which occurred on April 17, 1999 on Interstate 1-81 in Cumberland County, Pennsylvania. 3. The accident site is not in Philadelphia County, but is located in Cumberland County, Pennsylvania. 4. Defendant, Ernest L. Maurer, Jr., who was operating the vehicle owned by Defendant, The Town and Country Management Company, resides at the address listed on Plaintiffs' Complaint. He does not reside in Philadelphia County. X 2001 .i~HAELPERRI pSo. PROTHY · 5. Defendant, The Town & Country Management Company, is a Limited Partnership based in Baltimore, Maryland. This Limited Partnership does not conduct business in Philadelphia County. 6. C.T. Corporation System is a Company, with an office in Philadelphia that is authorized to accept service on behalf of The Town and Country Management Company for cases that have venue in York County. C.T. Corporation System has absolutely no affiliation with Defendant, The Town and Country Management Company. 7. The plaintiffs, Stephen Hillegas and Janine Hillegas, live in Allentown, Pennsylvania, which is in Lehigh County. They do not reside in Philadelphia. 8. There is absolutely no connection with Philadelphia County other than C.T. Corporation System, which is a nationwide based company that contracts to accept service of process on behalf of clients. C.T. Corporation System's only Pennsylvania office is located in Philadelphia, Pennsylvania. The designated county of venue for accepting service on behalf of The Town and Country Management Company is York County. 9. Defendant, The Town and Country Management Company is a Limited Partnership and pursuant to the Pennsylvania Rules of Civil Procedure, an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose. 10. This accident Philadelphia County. occurred in Cumberland County not in The Defendant, The Town and Country -.Management Company, does not do business in Philadelphia County. Therefore, venue in this case is improper. WHEREFORE, the Defendants, The Town and Country Management Company and Ernest L. Maurer, Jr., request that this matter be dismissed for lack of venue, or be transferred to the Court of Common Pleas of Cumberland County. Respectfully s ubmi~, The Town & Country Management Co. Ernest L. Maurer, Jr. MICHAEL P. GELETA, hereby states that he is the attorney for Defendants, The Town and Country Management Company and Ernest L. Maurer, Jr., in this action, and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. torney for Defendants, The Town & Country Management Co. Ernest L. Maurer, Jr. JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : COURT OF COMMON PLEAS PHILADELPHIA COUNTY vs. : FEBRUARY TERM, 2001 THE TOWN AND COLTNTRY MANAGEMENT CO.: NO. 319 and ERNEST L. MAURER, JR. : a Interstate 1-81 Defendant, vehicle owned MEMOP~ANDUM OF LAW IN ~TTDPO~ OF O~RNT~AN~ DR~T,T~TNAR¥ ~RJ~CTTON~ This is an action for personal injuries allegedly sustained in motor vehicle accident, which occurred April 17, 1999 on in Cumberland County, Pennsylvania. Ernest L. Maurer, Jr., was the operator of a motor by Defendant, The Town and Country Management Company. Defendant, Ernest Maurer, Jr., does not reside in Philadelphia County. Defendant, The Town and Country Management Company is a Limited Partnership based in Baltimore, Maryland. The Town and Country Management Company does not do business in Philadelphia County. The Defendant, The Town and Country Management Company manages certain real estate properties. The closest properties to Philadelphia are in Lehigh, York and Lancaster Counties respectively. Defendant, The Town and Country Management Company, has authorized C.T. Corporation System to accept service on its behalf for Pennsylvania cases with a venue in York Co~.nt~_y. C.T. Corporation System is not in any way affiliated with Defendant, The Town and County Management Company. C.T. Corporation System is a business, which is in business to accept service of process for clients. The Defendants have filed Preliminary objections, raising the issue of improper venue over the defendants, which are now before this Court for disposition. II. I~TTE~: 1. IS venue proper in Philadelphia County? The defendants assert that it is not. III. AR~T~4RNT: Preliminary Objections are the proper method of raising questions or jurisdiction and improper venue. Pa. Rule of Civil Procedure 1028 (a) (1) provides as follows: "(a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form of service of a writ of summons or a complaint;...,, Pa.R.C.P. 1028(a) (1). Pa. Rule of Civil Procedure 1006(a) provides, inter alia, that "...an action against an individual may be brought in and only in a county in which he may be served or in which the cause of action arose..." Pa.R.C.P. 2130(a) provides as follows: "... an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose". Pa.R.C.P. 2130(a). In this case, the cause of action arose in Cumberland County and not in Philadelphia County. Defendant, Ernest L. Maurer, Jr., resides in Dauphin, Pennsylvania, which is not in Philadelphia County. Defendant, The Town and County Management Company is a Partnership that does not do any business in Philadelphia County. Venue is improper in Philadelphia County and the matter must be transferred. IV. CONCT.TI.q TON: For the foregoing reasons, venue in this matter is improper in Philadelphia County. Respectfully submitted J The Town & Country Management Co. Ernest L. Maurer, Jr. oFCommon Pleas orPhi[adelphia County Tri~l Division Civil Cover Sheet I=EBRLJARY2001 The Tow~ NiA 10 TI [E P ROTHONOT^RY; Kmdl'r ~nlgr my ;tppoarsncc an bchatt'of PlaimiflTPctitloncr/Appcllunt t2~51 S8~.6333 [ (215) 76~43 ~ ......... ['o,w r \ -' ' [ I.:'..ARFIHLD, GABER & KOFSKY. P.C 13y: Jeffrey H. Penneys, Esquire Idcmil]cation No 76243 ts,,,,, 3uburban Station Bui}ding - Suite 355 ~ (*,~7.~K Boulevard I'hda,lcll~hiu. aA 19103 SI EPMEN HILLEGAS~ J~' I lILLEGAS. ~w ~ ~- 0C,6 W~,shington Street ~.~l~ X lc ,wn PA 18102 ~0'~n~'' FHE 'IOWN AND CO'TRY M&NAGEMENT C( )MPANY c/. C T Cnrporation System 15t 5 Market Street-Suite 1210 Ph;ladclphia. PA 1910~ I':RNEST b MAU~R, JR. 521 Stoney Creek Road [);mphhL PA 17018 Tills IS AN ARH~I RA irON ~IATt I ~ ASSESSMENT OF DAMA( [~; ill ~X I(I,x,q, rs RF, QI IIR}_..D nr'.r ~. Z~01 Attorney Ibr Piamlitrs COURT OF CC)¢,fMF~N Pt.F.,\5 PHILADELPHIA CO L~"I'Y FEBRUARY TFR,k.I. 20~:[ NO - _=oatt COMPLAINT IN CIVIL ACTION (Code 2V- Motor Vehicle Negligence) NOFtCE GENERAL AVERMENTS I. Plaintiffs, Stephen Hillega~ and Janine t..{illegas, arc adult ind,x i~ual~ .~t~d :md wilk, who reside at the above-captioned address 2 Defendant, ~rnest L, Maurer..lr, is an adult indi~.idtm] ~¥h~, rc~dc~ ~, ~c 3 Defendant, The To~ nnd CountU Mnnagement Company (hereinafter ret'erred :~s "TCMC"), is a Ma~[and limited paanership licensed to conduct atnd t~a~nsact at~ovc-caotioned address. 4 At all times m~terial hereto Defendant, Ernest L. Maurer, Jr ~h3 ':,pcr~t,:, ,tied control Defender, TCMC's I997 Ford F-250, Pennsylvania Tag No, ZL-8~_,,8. 5. On or aborn Aprd 17, 1999. en 1-81 (South') SR0081/62[ at or t~c~r I(,~ad/SR0944, Cumbert~d Count, East Pe~sboro 'Fo~ship, Pe~sylvan~a. Dct'endanr. I. ['l~mrcr, Jr., so c~elessly ~d negligently operated the aforementioned vclniclu so ~s tt~ ct~llide with Plaintiff. Stephen Hillegas, ~ pedestrian, causing him to sustain the ~n:t r {~thcr I~sses herein~er more ~lly set forth The negligence and carelessness ~t' the del'endams, acting a, a~nrc~d, t~l thc /~llowing: operating the nt'oremcntioncd vehicle 0l an cxccssive r~tc' t,t' spt'cc. ~"ailing to have proper and adequate control of the al~_~rcrncnti,ancd ,', ~ so as to avoid accidents; (c) failing to warn 0£ thc approach of thc afoce~!emioncd regard for the rights and safety of ibc plaintiff: (d) failing to keep a proper lookout: (e) failing to yield to oncnming traffic; (f) Defc.dant. TC'MC ncgli~cntly con,;ented and cmr.shd Defendant, Emes! L, Maurer. Jr, ~ho they knew or shc,,:,id h,avc would Operate the veldcl= in an n~gligent and careless manner propensity to'ward negligence and reckJessncss; (g) negligence per se; and th) in heine otherwise careless, rccklc=x and ncgligcm, thc which are presently u~nown ~o plaintiff bur w~ich ma~ Nc discove~ procedures provided by the Pennsylvania Rule~ Procedure o~ which may be learned a~ the trial ofthil case 7 The afi~resai~ accidem was due solely to the negligence and dclcn~ants, acting as aforesaid, mhd was due in no man=er whatsoever to an? act or on Ibc Dar{ ot'~hc COUNT I PLAINTI[~ STEPHEN HILLEGAS v. DEFENDANTS, TCM( 4ND E~EST L. MAU~, Plaintiff, Stephen Hille~as, inco~orares by reference heretu ail of'thc c,,nt;tmcd in thc Ocnera] Ave~:nt~, as if they were set Ibrth i~{ knglh hetci;~ 0 AS ~ result of thi~ accidem. Plaindg. gtephen Hillegas. h,,~ which are or may be serious ~d p~em in nature, including but not limited ~o: r~g~ separation, ncute severe riehl shouIder pain, acute ulnar nerve neuropraxta Pl;~h~lill's h~Blth C~r~ providers, ali Of ~h~ch injuries h~w in thc pasL a~ld nl/~y cmm~c I'h~h~tiff gre~l para nnd sorF~ring .i*ch expenditures for an indefinite time in the future II AS a fu~hcr result oF this accident, Plaintiff, Stephen khNc~ns, hereafter suffer a severe loss of earnings and impai~ent of earning power arid capac,'., 12. Au a I'unhcr result of this accident, Plaintiff, Stephen tlrlhcg~t~, h;~. l~c,'lim~ing all or substantially ail of the material acts ~nd dories which cnnstdulcd thc 5tcphct~ Hiliegas. has incu~ed or may her:after incur, other finamcial expsnscs, which exceed the amount which plaintift'may oLhe~vlse be enddcd to rccever As a fu~her result orthe accident atBremcntioned. Plaint/ff. Stephen sul'l~rcd severe physical pain, mental nnguish, and humHiahon, and rosy condnu¢ Jt,r nn mdctinite time in the ~atur~ inlcr~xt and c0SlS COUNT II PLAINTIFF~ JANINE HILLEGAS v. DEFENDANTS~ TCMC AN[) ERNEST L. M A. URER~ JR. LOSS OF CONSORTIUM I 5 Plainulf, Janine Hillegas, incorporates by reference hereto, all m' tile c.uhthtcd m the G:ncral Avermcm~ aim Couqt [, ns if they wcr¢ set fo~h a~ Ic~gth hc~ct,~ Plaintiff. Jamne Htiicgas, as spouse of PIamUff, S~ephen HiJlegas. has been deprived companionship, aid. ~sis[~ce. ¢~rllhl~s, ~R~ ¢arni~lg power mid cons,mlum uJ~ td'whlch has caused, and may iR the tt, ture, continue ~o cause grcat cmo[~onal WH E~FORE, Piamtiff, Jamne Hillcgas. demands judgment agmh~st ~1~¢ und/or severally, for damages, in an ~mount not in excess of thc arbitr;mo~ iim~t~, BY: VERIFICATION I, Stephen __ hereby verify that I am · ?v_~il Comj~La.mt , and that the facts set forth herein are true and correct to the best of my knowledge, ir~forma~oo and belief. I understand that false statements mede herein are subject to the penalties of the 18 PA C.S. §4904, relating to unsworn falsification to authorilies Michael P. Geleta Jacobs & Saba 1515 Market Street Suite 1110 Philadelphia, PA 19102-209i (215) 762-04O0 FAX (215) 762-0472 TDD (800) 622.2421 Not a Partnership Direct Dial No.: (215) 762-9446 Refer to File No. O1PH00139 March 2, 2001 Jeffrey H. Penneys, Esquire CLEARFIELD, GABER & KOFSKY, P.C. Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 RE: Stephen Hillegas and Janine Hillegas vs. The Town and Country Management Company and Ernest L. Maurer, Jr. Dear Mr. Penneys: Kindly be advised that I represent Defendants, The Town and Country Management Company and Ernest Maurer, Jr. Enclosed please find Preliminary Objections that I have filed on their behalf regarding venue in Philadelphia. Please let me know whether or not you will be willing to Stipulate to transfer the venue to Cumberland County. I have also enclosed a Request for Production of Documents and Things as well as Interrogatories Set I and Set II. You are required to respond to the Preliminary Objections, if you so wish, within thirty days. MPG/mbd Enclosures Employees of Nationwide (R) Mutual Insurance Company Bethlehem * Camp Hill · Canonsburg · Doylestown · Greensburg · Media · Norcistown · Philadelphia · Warrendale · Wilkes Barre PHILADELPHIA COURT OF COMMON PLEAS MOTION COVER SHEET FOR COURT USE ONLY ACTION ASSIGNED TO JUDGE: Do not telephone Judge for status. Do not send Judge courtesy copies. Stephen and Janine Hillegas, h/w vs. The Town and Country Management Company, et al. Type of Motion: 2001 Control Number: (RESPONDING PART/ES MUSTINCLUDE THIS NUMBER ON ALL F/LINGS) February Tern], 2001 319 Name of Filing Party: Plaintiffs (Check one) [] Plaintiff [] Defendant (Check one) [] Movant [] Respondent Response due: OR Response to: Preliminary Objections CASE STATUS (answer all questions) L ls this case: A. COMMERCE PROGRAM Name of Judicial Team Leader: Applicable Motion Deadline: }las deadline been p~¢~iously extended by the Court'? [] Yes [] No B. DAY FORWARD/MAJOR JURY (Jury Demand & Fee Paid) Name of Judicial Team Leader: _ Applicable Motion Deadline: Has deadline been p'ev ously extended by the Court? [] Yes [] No C. NON JURY Date Listed: D. ARBITRATION Arbitration Date: October 4. 2001 @ 9:30 a.m. E. ARBITRATION APPEAL Listed on: F. OTHER: Date Listed: Has another motion been decided in this case? [] Yes [] No Is another motion pending? [] Yes [] No lf the answer to any of the above questions is yes, you must ident!/y the judge, and the relationship oJ the motion(s) to the present motion, including the status of the motion(s), Please attach a separate sheet with your statement, I1. OTHER PARTIES (Name, add~ess and telephone number of all counsel of ~ecord and unrepresented parties Attach a stamped addressed envelope £or each attorney of ~ecord and unrepresented paHy) Michael P. Geleta, Esquire Jacobs & Saba 1515 Market Street- Suite 1110 Philadelphia, PA 19102 (215) 762-0400 Attorney for Defendants By filing this document and sign!n~low, the moving party certifies that this motion/petition, along with all documents filed in the Motions Program }v~rl?e ~mmediately served upon all counsel and unrepresented parties in accordance with Phila. Civil Rule~,.~ i~l~4r~t~;re, moving party verifies that the answers made herin are true and correct and under- stands that sanc/ffons m,J~ ~oe~hpos~-'~l for inaccurate or incomplete answers. F, 15.~-~'~- 1,5,.;..T~/~/[ LI- Jeffrey H. Penneys, Esquire 76243 This Motion w~i]be forwarded to the Court after the Response Date. No extension of the Response Date ~il be granted even if the parties so stipulate. CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS, THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 ORDER AND NOW. this day of .2001, upon consideration of Defendants' Preliminary Objections and Plaintiffs' response thereto, it is hereby ORDERED and DECREED that said Preliminary Objections are OVERRULED, and venue shall remain in Philadelphia County. BYTHECOURT: CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JAN1NE HILLEGAS. h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 PLAINTIFFS' RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS 1 .-3. It is admitted that Plaintiffs' Complaint speaks for itself. 4. Plaintiff can neither admit nor deny the allegations stated in this paragraph. Strict proof of same is demanded at trial. 5. Denied. Upon information and belief, Defendant, The Town and Country Management Company (hereinafter referred to as "T&C Management") not only conducts business in Philadelphia County, but they also have an office for service in Philadelphia County~ where they were served. 6. Denied. Denied as a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. Strict proof of same is demanded at trial. 7. Admitted. 8. Denied. Denied as a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. By way of further response, Defendant misleads the Court by suggesting that York County is the "designated county of venue for accepting service on behalf oF' Defendant. This is simply not true, since Plaintiffs served their complaint on Defendant, T&C Management at it's registered office for service located in Philadelphia County. (See Affidavit of Service attached hereto as Exhibit "A"). Lastly, if York County is the designated county of venue for accepting service, why does Defendant request that this case be transferred to Cumberland County? Strict proof of same is demanded at the time of trial. 9. It is admitted that Pennsylvania Rule of Civil Procedure 2130 speaks for itself. However, it is Pennsylvania Rule of Civil Procedure 2179 which is applicable to this case. Because Defendant, T&C Management has an office for service located in Philadelphia County and was served Plaintiffs' complaint in Philadelphia County, pursuant to Pennsylvania Rule of Civil Procedure 2179, venue is proper in Philadelphia County. Furthermore, Defendant's bald assertions that it is a limited partnership are unsupported by any objective evidence of same. Interestingly, the limited partnership designation does not even appear in the corporation's proper corporate name. Strict proof of same is demanded at trial. 10. Denied. Denied as a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. By way of further response, because Defendant, T&C Management has an office for service in Philadelphia County and was served Plaintiffs' complaint in Philadelphia County, pursuant to Pennsylvania Rule of Civil Procedure 2179, venue is proper in Philadelphia County. WHEREFORE, Plaintiffs request that this Honorable Court OVERRULE Defendants' Preliminary Objections, and retain venue in Philadelphia County. Respectfully submitted, CLEARFIE~, P.C. BY: JEFFREY ~. P~NI~S, ESQUIRE Attorney fo~-'Plafnti~fs, Stephen Hillegask,~dd Janine Hillegas, h/w CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HII.Lt~GAS, h/,~ THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST 1.. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR RESPONSE TO DEFENDANTS' PRELIMINARY OBJECTIONS Plaintiffs, Stephen l:tillegas and Janine Hillegas, h/w, by and through their attorney, Jeffrey H. Penneys, Esquire, hereby respond to Defendants' Preliminary Objections as follows: I. FACTS On or about April 17, 1999 Defendant Ernest L. Maurer, Jr., operating a vehicle owned by Defendant, The Town and Country Management Company (hereinafter referred to as "T&C Management"), struck Plaintiff, Stephen Hillegas, a pedestrian, causing him to sustain serious, personal in, juries. This action was commenced on February 7, 2001 and served on Defendant, T&C Management in Philadelphia County on February 12, 2001. (See Affidavit of Service attached hereto as Exhibit "A"). Defendants have filed the instant Preliminary Objection asserting improper venue, and request that this Honorable Court either dismiss the action or transfer venue to Cumberland County. Because Defendant, T&C Management has a registered office for service and was served Plaintiff's complaint in Philadelphia County, pursuant to Pennsylvania Rule of Civil Procedure 2179, venue is proper and should remain in Philadelphia County. As such, Defendants' Preliminary Objections should be overruled, and venue should be retained in Philadelphia County. II. ISSUE IS VENUE PROPER IN PHILADELPHIA COUNTY WHEN DEFENDANT, T&C MANAGEMENT HAS AN OFFICE FOR SERVICE IN PHILADELPHIA COUNTY, AND WAS SERVED PLAINTIFFS' COMPLAINT IN PHILADELPHIA COUNTY? III. LEGAL ARGUMENT THIS COURT SHOULD NOT TRANSFER VENUE OR DISMISS PLAINTIFFS' COMPLAINT, AS VENUE IS PROPER IN PHILADELPHIA COUNTY Defendants have filed Preliminary Objections regarding Philadelphia County venue requesting that this Honorable Court either dismiss this action or, alternatively, transfer this action to Cumberland County. As a threshold matter, this Court may not dismiss Plaintiffs' complaint pursuant to Pennsylvania Rule of Civil Procedure 1006(e). Rather, if appropriate, the court must transfer the case to the proper county. See Pennsylvania Rule of Civil Procedure 1006(e). Pursuant to Pennsylvania Rule of Civil Procedure 2179, venue is proper in Philadelphia County since Defendant, T&C Management, is a "corporation or similar entity" registered with the Pennsylvania Corporation Bureau. Pennsylvania Rules of Civil Procedure 2 179(a) states, in relevant part, as follows: [A] personal action against a corporation or similar entity may be brought in and only in ( 1 ) the county where ilc'~ registered office or principal place of business is located; (2) a county where it regularly conducts business. See Pennsylvania Rule of Civil Procedure 2179 Here, Defendant T&C Management, has a registered office for service located at 1515 Market Street, Philadelphia County, and was served at that office. (See Affidavit of Service attached hereto as Exhibit "A"). Simply put, defendant ~vas served in Philadelphia County and has provided no basis to justify a transfer. WHEREFORE, Plaintiffs request that this Honorable Court OVERRULE Defendants' Preliminary Objections, and retain venue in Philadelphia County. IV. CONCLUSION Pursuant to Pennsylvania Rule of Civil Procedure 2179. venue is proper in Philadelphia County, since Defendant, T&C Management, was served in Philadelphia County. Pursuant to Pennsylvania Rule of Civil Procedure 2179, venue is proper in Philadelphia County since Defendant. T&C Management has it's registered office in Philadelphia County. Defendant, T&C Management, has not presented any evidence, other than mere unsupported allegations that it is no~t a corporation and therefore not amenable to Philadelphia venue. Defendant has provided no affidavits from its principals, no Articles of Incorporation, no Pennsylvania Corporation Bureau documentation, tax records, etc., to support their position. For all the aforementioned reasons, Defendants' Preliminary Ol~jections should be OVERRULED, and venue should remain in Philadelphia County. Respectfully submitted, BY: CLEARFIELD, GABER . JEFFREY H. PI~C Attorney for Plainti~s,/ Stephen Hillegas a~ ~nine Hillegas, h/w VERIFICATION JEFFREY H. PENNEYS, ESQUIRE hereby states that he is attorney for the plaintiffs in this action, that he is acquainted with the facts set forth in the foregoing pleading, and that the same are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. JEFFREY H. PEN~ ~'ESQUIRE CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 Attorney for Plaintiffs STEPHEN HILLEGAS AND JANINE HILLEGAS. Mw COURT OF COMMON PLEAS PHILADELPHIA COUNTY THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. FEBRUARY TERM, 2001 NO. 319 CERTIFICATION OF SERVICE I, Jeffrey H. Penneys, Esquire, do hereby certify that on March 29, 2001, a true and correct copy of the attached pleading has been duly served upon all interested parties or their counsel via U.S. Mail, postage prepaid: BY: CLEARIELD, GABER AND .C. JEFFREY H. P~REY' Attorney for Plaintiffs, ] Stephen Hillega anr~'nine Hillegas, h/w rtl X Metr, o Filine Services. Inc. PhiladelphiaAssociation of 2021 ARCH STREET ' ;; '~; i; "~ .... : '~',';7'" Professional Process Servers PHILADELPHIA, PA 19103 (215) 981 FILE ?' r_'~--, ,-AF ,BDA~/IT ~OF SERVICE PLAINTIFF(S) ..... COURT TERM and NO. COUNTY Stephen Hillegas ' · · ;; i ~ 01-02-0319 Philadelphia DEFENDANT(S) SERVED BY The Town & Country Management Co. Brian Daly SERVE AT c/o: CT Corporation 1515 Market Street Philadelphia, PA 19103 DATE PREPARED Feb 15,2001 ~CivilAction ~.~Sub~oena ~Summons [_~Not[ceof RealEstate Sale ' ~Other ~Writ Of ~OHPANY CONTKOL NUHBE~ 28978 SPECIAL INSTRUCTIONS Served and made known to The Town & Country Management Co. on the 12 dayof February 2001 , at 10:46 AM at c/o: CT Corporation , County of Philadelphia Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served ~ Adult family member with whom said Defendant(s) reside(s). Relationship is -J Adult in charqe of Defendant's residence who refused to qive name or relationship. ~ Agent or person in charge of Defendants's office or usual place of business. Heather Zygrnun -- an officer of said Defendant company. ~ Other Description Aqe Heiqht On the day of Defendant not found because: ~ Moved Weic!ht Race: __ , at Unknown [] No Answer [] Vacant ~ Other Sex: NAME OF SERVER Brian Daly being duly sworn according to law, deposes and says that he/she is process server herein names; and that the facts herein set forth above are true and correct to the best of their knowledge, information and beUef. Sheriff Process Server/Competent Adult Law Firm Attorney's Name Address Clearfield, Gaber & Kofsky Jeffrey Penneys One Penn Center, Ste. 355, 1617 JFK BLvd. Philadelphia, PA 19103 Telephone # (215) 563-6333 Client # 549 1990 Philadelphia Assoc. of Professional Proce$$Servers Rev 98.1 Me to Filing Serv ce$. Inc founding member A~EST PRO PROTHY DATE PHIEADEI~PHIA COURT OF COMMON PLEAS MOTION COVER SHEET FOR COURT USE ONLY ACTION ASSIGNED TO JUDGE: Do not telephone Judge jbr status. Do not send Judge courtesy copies. Stephen and Janine Hillegas, h/w VS. The Town and Country Management Company, et al. Type of Motion: Control Number: (RESPONDING PARTIES MUST INCL UDE THIS NUMBER ON ALL FILINGS) Name of Filing Party: February Term, 2001 319 Plaintiffs. Stephen and Janine Hillegas (Check one) [] Plaintiff [] Defendant (Check one) [] Movant [] Respondent Response due: OR Response to: Preliminary Objection CASE STATUS (answer all questions) 1. Is this case: A. COMMERCE PROGRAM Name of Judicial Team Leader: Applicable Motion Deadline: Has deadline been previously extended by the Court? I~Yes [~]No B. DAY FORWARD/MAJOR dURY t Jut)' Demand & Fee Paid) Name of Judicial Team Leader: Applicable Motion Deadline: Has deadline been previously extended by the Court? [] Yes [] No C. NON JURY Date Listed: D. ARBITRATION Arbitration Date: 10/04/01 @ 9:30 a.m. E. ARBITRATION APPEAL Listed on: Has another motion been decided in this case? [] Yes [] No Is another motion pending? [] Yes [] No If the answer to any of the above questions is yes, you must identi~ the judge, and the relationship q/'the motion~v) to the present motion~ including the status of the motion(si, Please attach a separate sheet with your statement. II. OTHER PARTIES (Name, address and telephone number of all counsel of record and unrepresented parties. Attach a stamped addressed envelope for each attorney of record and unrepresented party.) Michael P. Geleta, Esquire Jacobs & Saba 1515 Market Street- Suite 1110 Philadelphia, PA 19102 lb'. OTHER: Date Listed: ~ By filing this document and signin~w,fiffe moJng party certifies that this motion/petition, along with all documents filed in the Motions Pro~,a~i~l~e inIn~diat~ser~ed upon all counsel and unrepresented parties in accordance with Phila. Civil Rule '206/~(C~L F~erm~, moving party verifies that the answers made herin are true and correct and under- stands that sanction,/nay be/~t~pose~or inaccurate or incomplete answers. ~ .... ~1~ ~ _. Jeffrey H. eenneys, Esquire 76243 This Motion'will I~forwarded to the Court after the Response Date. No extension of the Response Date will be granted even if the parties so stipulate. CLEARFIELD, GABER & KOFSKY, P.C. By: JeftYey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS, h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 ORDER AND NOW, this day of ,2001, it is hereby ORDERED and DECREED that Defendants' Preliminary Objections to Plaintiffs' Complaint are OVERRULED and venue shall remain in Philadelphia County. BY THE COURT: Jo CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS, h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNESTL. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 PRAECIPE TO OVERRULE DEFENDANTS' PRELIMINARY OBJECTIONS 1. On or about February 7, 2001, Plaintiffs filed a lawsuit in the Philadelphia County Court of Common Pleas against the Defendants because Defendant, The Town and Country Management Company has an office for service and was served in Philadelphia County. (See Plaintiffs' Complaint attached hereto as Exhibit "A"). 2. On or about February 30, 2001, Defendants filed Preliminary Objections alleging that they have no connection with Philadelphia county, and asked the court to dismiss or transfer the matter to Cumberland county. (See Defendants' Preliminary Objections attached hereto as Exhibit "B"). 3. On April 11, 2001, this Honorable Court entered an Order directing the parties to, within thirty days, take depositions and discovery in regards to whether the Defendant, The Town and Country Management is a limited partnership or a corporation in order to determine the propriety of venue is Philadelphia county. The Court ordered that failure to comply with the Order shall be deemed a waiver of the Preliminary Objections or answer. (See Order attached hereto and marked as Exhibit "C"). 4. Because Defendant chose to file Preliminary Objections to Plaintiffs' complaint, it is Plaintiffs' position that Defendants have the burden of proving same. 5. Defendants have not complied with this Court's April 11, 2001 Order, and pursuant to said Order, their Preliminary Objections should be overruled. WHEREFORE, because Defendant, The Town and Country Management Company has an office for service in Philadelphia county and was properly served in Philadelphia county, Plaintiffs respectfully request that this Honorable Court OVERRULE Defendants' Preliminary Objections, and venue shall remain in Philadelphia County. Respectfully submitted, CLEARFIELD, GABER & KOFSKY, P.C. BY: ~ JEFFREY H//P/~ N~IX~I~y ,,~S Q U i RE Attorney fo/~)~lai/~yfffs, Stephen Hilfegas~ind Janine Hillegas, h/w CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Permeys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JAN1NE HILLEGAS, h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 PLAINTIFFS' MEMORANDUM OF LAW IN SUPPORT OF THEIR PRAECIPE TO OVERRULE DEFENDANTS' PRELIMINARY OBJECTIONS Plaintiffs incorporate their Praecipe to Overrule Preliminary Objections as if fully set forth at length herein. WHEREFORE, Plaintiffs respectfully request that this Honorable Court OVERRULE Defendants' Preliminary Objections, and retain venue in Philadelphia County. CLEARFI~ BY: JEFFREY H. PEN2{E){S, ESQUIRE Attorney _fo_r_ Plain/if~, Stephen Hillegas ~'d Janine Hillegas, h/w VERIFICATION I, JEFFREY H. PENNEYS, ESQUIRE, verify that the statements made in the foregoing Motion to Compel are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to authorities. JEFFRE~ CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS, h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 CERTIFICATION OF SERVICE I, JEFFREY H. PENNEYS, ESQUIRE, do hereby certify that on May 16, 2001, a true and correct copy of the attached pleading has been duly served upon all interested parties or their counsel via U.S. Mail, postage pre-paid. BY: CLEARFIE~ JEFFRE~f~YS, [gSQUIRE Attorne~r Pl~j~iffs, Stephen Hillegas and Janine Hillegas, h/w Court of Common Pleas of Philadelphia County Trial Division Civil Cover Sheet ;T;;% Jenine .i,legas, h/w FEBRIJARY200'I The Town and Country Management Comj~any 966 Washington Street I c/o CT Corp. System- 1515 Market St. #1210 'Allentown, PA 18102 I Philadelphia, PA 19103 Ernest L. Maurer, Jr. Dauphin, PA 17018 I 2 [] Writ of Summons [] Transfer From Oiher Jurisdictions i[~$50,00000orless i r'~ Arbitration ~ Mass To~ ~ Com~ ~ Settlement CASE TYPE ANDCODE (SEE INSTRUCTiONS)~ Other:N°n-Ju~ ~ Petition ~ Stamto~ Appeals ~ W/D/Survival 2V Motor Vehicle Negligence N& N/A I$ CASE SUBJECT TO COORDINATION ORDER? Yes N~ TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at the address set forth below. i Jeffrey H. Penneys, Esquire (215) 563-6333 [ (215) 563-3580 1617 John F. Kennedy Boulevard- Suite 355 Philadelphia, PA 19103 ~aol.com CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS, h/w 966 Washington Street Allentoxvn, PA 18102 THE TO~VN AND COUNTRY MANAGEMENT COMPANY c/o C.T. Corporation System 1515 Market Street-Suite 1210 Philadelphia, PA 19102 and ERNEST L. MAURER, JR. 521 Stoney Creek Road Dauphin, PA 17018 THIS IS AN ARBITRATION MATTER ASSESSMENT OF DAMAGES HEARING IS REQUIRED Attome, COURT OF COMM~ flLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 7:oata ON (Code 2V- Motor Vehicle Negligence) NOTICE "You have been sued in court If?au wish to defend against the claims set tbrth in the lbllowmg pages, you must take action xsithin tx~ent5' (20) days after this complaint and notice are served, b> entering a xmtten appearance personally ar by attorney and filing m xwmng s~ith the cour~ your defenses or objections to the claims set forth against 5GU You are warned that if you fail to do so the case may proceed without ?u and a judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested b) the plaintiff You may lose mane) or property or other rights important to 5Gu "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, PHILADELPHIA BAR ASSOCIATION LAW'~ ER REFERILAL & INFORMATION SERVICE One Reading Center Philadelphia, PA 19107 (215) 238-170I AVISO "Lc hah demandado a usted en la carte Si usted quiere defenderse de estas demandas expuestas en las pagthas slguientes, usted tiene veinte (20) dias de plaza al par~ir de la fecha de la demanda 5 la notificaciOn. Hace falta asentar una comparencla escrita o en persona o con un abogado y entregar a la cone en tbrma escrita sus defensas o sus objeciones a las demandas en contra de su persona Sea avisado que si usted no se defiende, la cone tomara medidas 5 puede continuar la demanda en contra suya sin previa aviso o notificaciOn Adem~s, ta cone puede d¢cidir a favor del demandant¢ y reqmere que usted compla con todas las provisiones de esta demanda Ust~d puede perder dinero o sus propiedades u arras derechos impormntes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERV[CIO, ~,AYA EN PERSONA O LLAME PaR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTR~, ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENC1A LEGAL. ASOCIACION DE LICENDIADOS DE FILADELFIA SERVICIO DE REFERENCIA E INFORMACION LEGAL One Reading Center Filndelfia, Penna. 19107 Telt~fono: (215) 238-1701 GENERAL AVERMENTS 1. Plaintiffs, Stephen Hillegas and Janine Hillegas, are adult individuals and husband and wife, who reside at the above-captioned address. 2. Defendant, Ernest L. Maurer, Jr., is an adult individual who resides at the above- caption address. 3. Defendant, The Town and Country Management Company (hereinafter referred to as "TCMC"), is a Maryland limited partnership licensed to conduct and transact business activities within the Commonwealth of Pennsylvania, with an office for service located at the above-captioned address. 4. At ali times material hereto Defendant, Ernest L. Maurer, Jr., did operate, manage and control Defendant, TCMC's 1997 Ford F-250, Pennsylvania Tag No. ZL-83328, which was involved in this accident. 5. On or about April 17, 1999, on 1-81 (South) SR0081/621 at or near Wertzville Road/SR0944, Cumberland County, East Pennsboro Township, Pennsylvania, Defendant~ Ernest L. Maurer, Jr., so carelessly and negligently operated the aforementioned vehicle so as to cause it to collide with Plaintiff, Stephen Hillegas, a pedestrian, causing him to sustain the injuries and other losses hereinafter more fully set forth. 6. The negligence and carelessness of the defendants, of the following: (a) (b) acting as aforesaid, consisted operating the aforementioned vehicle at an excessive~rate of speed; failing to have proper and adequate control of the aforementioned vehicle so as to avoid accidents; (c) failing to warn of the approach of the aforementioned vehicle with due regard for the rights and safety of the plaintiff; (d) failing to keep a proper lookout; (e) failing to yield to oncoming traffic; (f) Defendant, TCMC, negligently consented and entrusted its vehicle to Defendant, Ernest L. Maurer, Jr., who they knew or should have known, would operate the vehicle in an negligent and careless manner, and had a propensity toward negligence and recklessness; (g) negligence per se; and (h) in being otherwise careless, reckless and negligent, the particulars of which are presently unknown to plaintiff but which may be learned by discovery procedures provided by the Pennsylvania Rules of Civil Procedure or which may be learned at the trial of this case. 7. The aforesaid accident was due solely to the negligence and carelessness of the defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the plaintiffs. COUNT I PLAINTIFF~ STEPHEN HILLEGAS v. DEFENDANTS~ TCMC AND ERtNEST L. MAURER~ JR. 8. Plaintiff, Stephen Hillegas, incorporates by reference hereto, all of the allegations contained in the General Averments, as if they were set forth at length herein. 9. As a resulI of this accident, Plaintiff, Stephen Hillegas, has suffered injuries which are or may be serious and permanent in nature, including but not limited to: fight shoulder separation, acute severe right shoulder pain, acute ulnar nerve neuropraxia, muscle spasms. headaches, multiple contusions and abrasions, as well as other injuries as may be diagnosed by Plaintiff's health care providers, all of which injuries have in the past, and may in the future, cause Plaintiff great pain and suffering. 10. As a further result of this accident, Plaintiff, Stephen Hillegas. has been or will be required to receive and undergo medical attention and care and to expend various sums of money and to incur various expenses, and may be required to continue to expend such sums or incur such expenditures for an indefinite time in the future. 11. As a further result of this accident, Plaintiff, Stephen Hillegas, has or may hereafter suffer a severe loss of earnings and impairment of earning power and capacity. 12. As a further result of this accident, Plaintiff, Stephen Hillegas, has suffered medically determinable physical and/or mental impairment which prevents the plaintiff from performing all or substantially all of the material acts and duties which constituted the plaintiffs usual and customary activities prior to the accident. 13. As a direct and reasonable result of the accident aforementioned, Plaintiff, Stephen Hillegas, has incurred or may hereafter incur, other financial expenses, which do or may exceed the amount which plaintiffmay otherwise be entitled to recover. 14. As a further result of the accident aforementioned, Plaintiff, Stephen Hillegas, has suffered severe physical pain, mental anguish, and humiliation, and may continue to suffer same for an indefinite time in the future. WHEREFORE, Plaintiff. Stephen Hillegas, demands judgment against the defendants, jointly and/or severally, for damages, in an amount not in excess of the arbitration limits, plus interest and costs. COUNT II PLAINTIFF, JANINE HILLEGAS v. DEFENDANTS~ TCMC AND ERNEST L. MAURER~ JR. LOSS OF CONSORTIUM 15. Plaintiff, Janine Hillegas, incorporates by reference hereto, all of the allegations contained in the General Averments and Count I, as if they were set forth at length herein. 16. Solely as a result of the aforesaid negligence and carelessness of the Defendants, Plaintiff, Janine Hillegas, as spouse of Plaintiff, Stephen Hillegas, has been deprived of the society, companionship, aid, assistance, earnings, and earning power and consortium of said spouse, all of which has caused, and may in the future, continue to cause great emotional and financial loss and damage. WHEREFORE, Plaintiff, Janine Hillegas, demands judgment against the defendants, jointly and/or severally, for damages, in an amount not in excess of the arbitration limits, plus intereit and costs. BY: CLEAR.FIELD, GABER & KOFSKY, P.C. JEFFREY H. PE'NN/EYS, ESQUIRE Attorney for Plaintiffs, Stephen Hfilegas and Janine Hillegas, h/w VERIFICATION Stephen Hillegas I, hereby verify that I am the. forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of the 18 PA C.S. §4904, relating to unsworn falsification to authorities. PHILADELPHIA COURT OF COMMON PLEAS MOTION COVER SHEET FOR COURT USE ONLY ACTION ASSIGN£D TO Do not telephone Judge for status. Do not send Judge courtesy copies. STEPHEN HILLEGAS and JANINE HILLEGAS VS. 'fHl~ TOWN & COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER~ JR. Control Number: (RESPONDING PART/ES MUST INCLUDE THIS NUMBER ON ALL FILINGS) No. FEBRUARY Term, _2001 Month Year 319 Name of Filing Party: Town and Country Management Company and Ernest L. Maurer~ Jr. (Checkone) [] Plaintiff ~[ Defendant ('Check one) ~ Movant [] Respondent Type of Moti0n: Preliminary Obections to Plaintiffs' Comnlaint Response due: March 30~2001 OR Response to: CASE STATUS (answer all questions) I. Is this case: A. COMMERCE PROGIL4. M Name of Judiclal Team Leader: Applicable Motion Deadline: Has deadline been previously extended by the Court? f-lYes B. DAY FORWARDliHAJOR JURY (jury Demand & Fee ?aid) Name of Judicial Team Leader: Applicable Motion Deadline: Has deadline been previously extended by the Court? [] Yes [] No C. NON' JURY Date Listed: D. ARBITRATION Arbitration Date: October 4. 2001 (a 9:30 a.m. E. ARBITRATION APPEAL Listed on: F. OTHER: Date Listed: Has another motion been decided in this case? [] Yes 1~ No Is another motion pending? [] Yes l~ No If the answer to any of the above questions is yes, you must identify the judge, and the relationship of the motion(s} to the present motion, including the status of the motion(s). Please attach a separate sheet with your statement· II. OTHER PARTIES (Name, address and telephone number of all counsel of record and unrepresented parties. Attach astamped addressed envelope for each attorney of record and unrepresented party.) Jeffrey H. Penneys, Esquire CLEARFIELD, GABER & KOFSKY, P.C. Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 (215) 563-6333 Attorney for Plaintiffs (If needed, use separate sheet to answer) By filing this document and signing belo~y,t he moving or responding party certifies that this motion/petition/response along with all documents filed in the 1~Io tiola(pnCogra m, will be immediately served upon all counsel and unrepresented parties in a c co rd a n ce~i~7~hila. Civll ~R~2~. 1 (a). Furthermore, the moving or responding parD' verifies that the answers made herein ae(tctr~a:Wdca~rrect~'m~d~rg~[~"~tandsthatsanct onsmaybe mnosed forinaccurateoriocompleteanswers. Stg~n~.~ff[~y/U~rerepres~nntedparty) 1MICRAEL P q;I~LETA 49433 t Name) i (Attorney l. D. No.) This Motion will be forwarded to'.o th,e.the~()nse Datq. No extension of the Response Dat~-will be granted even if the parhel,~ t ~ ~ ~ , JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : COURT OF COMMON PLEAS PHILADELPHIA COUNTY vs. : FEBRUARY TERM, 2001 THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : NO. 319 AND NOW, consideration Company and Ernest L. Maurer, this day of , 2001, upon of Defendants, The Town and Country Management Jr. 's, Preliminary Objections and any Response thereto, it is hereby ORDERED and DECREED that the Preliminary Objections are SUSTAINED and this matter is dismissed for lack of appropriate venue, or in the alternative, this matter is transferred to the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, by the plaintiffs. all costs regarding same to' be paid BY THE COURT: Jo JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : vs. : THE TOWN AND COLrNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 PRELIMINARY OBJECTIONS OF DEFENDANTS THE TOWN AND COUNTRY MANAGEMENT COMPANY AND ~NRgT T,. ~AT~RD: ,TR_ TO PT,ATN'T'TPFg' COMPANy 1. This action was commenced by the plaintiffs against the defendants by means of a Complaint filed on February 7, 2001. A true and correct copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "A". 2. This is a Civil Action for personal injuries arising out of a motor vehicle accident, which occurred on April 17, 1999 on Interstate 1-81 in Cumberland County, Pennsylvania. 3. The accident site is not in Philadelphia Countyl but is located in Cumberland County, Pennsylvania. 4. Defendant, Ernest L. Maurer, Jr., who was operating the vehicle owned by Defendant, The Town and Country Management Company, resides at the address listed on Plaintiffs' Complaint. He does not reside in Philadelphia County. 5. Defendant, The Town & Country Management Company, is a Limited Partnership based in Baltimore, Maryland. This Limited Partnership does not conduct business in Philadelphia County. 6. C.T. Corporation System is a Company, with an office in Philadelphia that is authorized to accept service on behalf of The Town and Country Management Company for cases that have venue in York County. C.T. Corporation System has absolutely no affiliation. with Defendant, The Town and Country Management Company. 7. The plaintiffs, Stephen Hillegas and Janine Hillegas, live in Allentown, Pennsylvania, which is in Lehigh County. They do not reside in Philadelphia. 8. There is absolutely no connection with Philadelphia County other than C.T. Corporation System, which is a nationwide based company that contracts to accept service of process on behalf of clients. C.T. Corporation System's only Pennsylvania office is located in Philadelphia, Pennsylvania. venue for accepting service on behalf Management Company is York County. The designated county of of The Town and Country 9. Defendant, The Town and Country Management Company is a Limited Partnership and pursuant to the Pennsylvania Rules of Civil Procedure, an action against a partnership may be brought in amd only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose. 10. This accident occurred in Cumberland County not in Philadelphia County. The Defendant, The Town and Country Management Company, does not do business in Therefore, venue in this case is improper. WHEREFORE, the Defendants, The Company and Ernest L. Maurer, Jr., dismissed for lack of venue, or be Common Pleas of Cumberland County. Philadelphia County. Town and Country Management request that this matter be transferred to the Court of Respectfully submitS, //i/~A"t ~ o~e~ey~y/f oGr E~ endan t s' The Town & Country Management Co. Ernest L. Maurer, Jr. MICHAEL P. GELETA, hereby states that he is the attorney for Defendants, The Town and Country Management Company and Ernest L. Maurer, Jr., in this action, and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. ~/ Attorney for Defendants, The Town & Country Management Co. Ernest L. Maurer, Jr. JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 Attorney for Defendants STEPHEN HILLEGAS : and JANINE HILLEGAS : COURT OF COMMON PLEAS PHILADELPHIA COUNTY vs. : FEBRUARY TERM, 2001 THE TOWN ~ COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : NO. 319 MEMORANDUM OF LAW TN ~TTPPO~T OF DRF~N~ANT~ Dg~T.TMTNAgY ORJRCTTON~ This is an action for personal injuries allegedly sustained in a motor vehicle accident, which occurred April 17, 1999 on Interstate 1-81 in Cumberland County, Pennsylvania. Defendant, Ernest L. Maurer, Jr., was the operator of a motor vehicle owned by Defendant, The Town and Country Management Company. Defendant, Ernest Maurer, Jr., does not reside in Philadelphia County. Defendant, The Town and Country Management Company is a Limited Partnership based in Baltimore, Maryland. The Town and Country Management Company does not do business in Philadelphia County. The Defendant, The Town and Country Management Company manages certain real estate properties. The closest properties to Philadelphia are in Lehigh, York and Lancaster Counties respectively. Defendant, The Town and Country Management Company, has authorized C.T. Corporation System to accept service on its behalf for Pennsylvania cases with a venue in York County. C.T. Corporation System is not in any way affiliated with Defendant, The Town and County Management Company. C.T. Corporation System is a business, which is in business to accept service of process for clients. The Defendants have filed Preliminary objections, raising the issue of improper venue over the defendants, which are now before this Court for disposition. II. T~TTES: 1. IS venue proper in Philadelphia County? The defendants assert that it is not. III. Preliminary Objections are the proper method of raising questions or jurisdiction and improper venue. Pa. Rule of Civil Procedure 1028 (a) (1) provides as follows: "(a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (1) lack of jurisdiction over the subject matter of the action or the person of the defendant, improper venue or improper form of service of a writ of summons or a complaint;..." Pa.R.C.P. 1028(a) (1). Pa. Rule of Civil Procedure 1006(a) provides, inter alia, that "...an action against an individual may be brought in and only in a county in which he may be served or in which the cause of action arose..." Pa.R.C.P. 2130(a) provides as follows: "... an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose". Pa.R.C.P. 2130(a). In this case, the cause of action arose in Cumberland County and not in Philadelphia County. Defendant, Ernest L. Maurer, Jr., resides in Dauphin, Pennsylvania, which is not in Philadelphia County. Defendant, The Town and County Management Company is a Partnership that does not do any business in Philadelphia County. Venue is improper in Philadelphia County and the matter must be transferred. IV. CONCT,TT~TON: For the foregoing reasons, venue in this matter is improper in Philadelphia County. ~-A~tor~y/fo~ Defendants, The Town & Country Management Co. Ernest L. Maurer, Jr. of'Common Plaas oFPhi[~delphia County Tri~l Division Civil Cover Sheet 521 S~oney C~e~k Road q O 111 ~ PROTNONOTARY: F-~ndlX cn/~'r my ;ipp*~r~nc= on behaH'or ?lmifltif~7?cIKioncr/Appcll~nt t2151 5R3.E333 (215} 583.3550 ~ I.H^RFIELD. OA. BER & KOFSKY, P.C l)y; Jeffrey H. Penneys, Esquire Ith:nt;l'kation No 76243 ~uhurhan Siado~ Building - SuR~ I*,i 7 JFK Boulevard I'lnladcllq~k~,PA [9103 5TF. PN gN HILLEGAS ~ J~' I IILLEGAS. Ww Xllcnh~wn. PA 18102 lTIE 'lawn AND COSTLY M~NAGEMENT L'( )MPANY ¢/n C T. Cnrpor~tion System ISI 5 Market Street-Suite 1210 Ph;iudelphia, PA 19102 and KRNEST L. MAU~R, JR. 521 Stoney Cre~k Road Ikmphin. PA 1701~ THIS IS AN ARH~ I P.A I ASSESSMENT OF D.,kMAGLiN 15 RB©IIIRED nr:r ~, ZOO1 Attorney lbr Piaint;tt's COURT OF COMMC')N Pl.E,\g PHILADELPHIA COU%'I'Y FEBRUARY TERM. NO, COM'PLAINT IN CIV[L ACTION (Code 2V- Motor Vehicle Negligence) NOTICE C['INSE(iIrlR A.~IS;T~NCI,', T,EF; ~l.. GE NEI:La, L AVERMENTS :md wi[~. who reside at lhe above-captioned address Defendant, Ernest L. Maurer'..ir. is an aduh ind(vid~ml wh. 3. gcfcndanL~ The To~ ~nd Cognt~ ~n~gcm~n~ Company as "T('~C"), is a Ma~land limited pa~nership licensed to conduct above-captioned ~ddress. At all times material hereto De~ndv. nt. Ernest L. Maurer, Jr ,md conlrol Defender. TCMC's 1997 Ford F-250, Pennsylvania Tag No. m~otv~d m this aceid~m. R,~aa/SR0944, Cumberi~d CaunW, East Pe~sboro To.ship, Pe~sylvan[a. I. Mz~urer. Jr,, so c~elessly ~d nesligently operated the ~forementioned vel:fcic tp cuHide with Plaintiff. Stephen E[llegas, e pedestrian, causfng him to s~t~tam .ther Insses heteina~er more ~lly set Fo~h 6. The negligence and carelessness ~t'the del~nflam~, ~ct4ng ~. u J' thc lbtiowing: (~) operating the ~tbremcmioned vehJcte ~[ an excessive (b) t~iling to have proper and adequate contro[ of the albremcnt~or~cd so as to avoid accidents; (c) [-ailin8 to warn OF [he approach o)' l)',c aforen'~n'doncd ',CH;L:L,. ~,,: h regard for the rights and surety of thc plaintiff: id) failinl~ to keep a proper lookout: (el failing to yield to oncnmmg traffic; il') ,Oefe~dant. TCMC ncgligcndy con';cnted and or'h~t,:Ll 'l'~ ~c5',~,.i~. Defendant. Ernest L. MaLIrer. Jr., ~h(~ they knew or sho::!d propensity toward negliBcnce and rcck[css:~css; (g) neg}[B:nce per se; and m being o~h~rwise careless, rccklc~ and ncgtigcm, d~c which are presently u~nown ~o plaintiff but which ma5 bc Icartxc¢ h', d[scove~ procedures provided h7 the Pennsylxani2 Rule< Procedure or which may be learned at the trial orthi~ case 7 The afi~resaid accident was due so[e~y to thc neghgencc anti cnrcJc~r~cqq dcl'cndants, acting ~s aforesaid, and was duc in no manner whatsoever to airy act or tm Ibc p~lr~ o~'thc pl~inttfl's COUNI I PLAINTIE~ STEPHEN HILLEOAS v. DEFESDANTS, ~¢~,M C AND E~EST L. MAU~R, JR. As a result of th~s accident. Plaintiff. S~ephen Hillegas. I~,~ suC¢c','cd ml'~r,- which are or may be serious ~d pe~en[ in nature, including but not limited to: scp3rathm, acute severe righl shoulder pain. acute ulnar nerve neuropraxia, muscle Pl:dmdl'~ t~c~lth c~re providers. ~1[ of ~,'h,Ch in~urics h~vc in th~ pas(. ired to incur various exp:nSeS, and lnay be requ,red to continue to expend .cch expenditures for an indefinite time in the I I As a fu~hcr result of this ~tccidcnt, Plaintiff, Stephen hcrcat'tcr suffer ~ severe Io~, of earnings and impai~en~ of earning power and 12. As a fu~hcr rest'h of this accident. Plaintiff, Stephen H,Ct{lC:Ill)' determinable physica} and/or mental imp~irmem which t~<~,:tl :md cu~toma~ actwhlcs prior to the accident. %tcphen Flillegas. has incu~ed or m~y her:after incur, o~her linancial exceed the amount which plaintift'm~y othe~vi~e be enrltlcd to recover 14 As a fu~her resuh of thc accideu~ a~bremendoned. Plaintiff. Stephen stH'Jurgd severe physical D~in, mental nnguish, nnd humiliation, and m~y cominuc [t,r ~lrl indefinite time in the WHEREFORK, Plni~ti['i. Stephen Hillcgas. demands judgment imcrcxt and costs COUNT II PLAINTIFF, JANINE HILLEGAS v. DEFENDANTS~ TCMC AN[) ERNEST L. MA. URER, .IR. .LOSS OF CONSORTIUM I 5 Plaintiff. Janine Hillegas, incorporates by reference hereto. ~ll nt' tl~e Plamliff. Janine HtlJegas. as spouse of PlaintiFf. Stephen Hillegas. has been deprived of ici.',, companionship, aid. assistance, earnings, and earning power -',nd cons,mlom ,,l' Spt*tlSL'. ill] ~>f'whieh has ca~ed, .',nd may in Ihe fmure, continue lo cause grcat emotional ami WHEREFORE, Plaintiff, Janine Hillegas. demands judgmen,, agmnst the il'ad/or severally, for damages, in an ammmt not in eat:ess, of the arbitration liw, tt>. trlterest ~nd t'0$tg. BY: CLEARFIELD. GABER & KOFSKY, P.C. JEFFREY H. P~'NI~.Y$, ESQUIRE Attorney for Pl~tintjt'fs, Stephen Hillega~'i~d danine Hillegas, h/w VERIFICATION l, __ hereby verity that I am Ihe ...... forth herein are true and correct [o the best of my knowledge, info'matron DqO belieL I understand that fal~e statements made herein are subject to the penalties of the 18 PA C.S. fi49~, relating to unsworn falsification to aulhorities IN THE cOuRT OF COMMON PLEAS FOR PHILADELPHIA COUNTY JUDICIAL' DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION STEPHEN HILl and : JANINE HILLEGAS : Plaintiff, : V. THE TOWN AND COUNTRY MANAGEMENT CO. and : ERNEST L. MAURER, JR. : Defendant : FEBRUARY TERM, 2001 NO. 00319 RECEIVED APR 1 2 2001 CIVIL ADMINISTRATION CONTROL NO. 022116 AND NOW, this y of ,2001, upon consideration defendants' Preliminary Objections to plaintiffs' Complaint, and plaintiffs' Answer to the Preliminary Objections, it is hereby ORDERED that, within thirty (30) days of the date of this Order, the parties shall take depositions and discovery on whether defendant The Town and Country Management Co. is a limited parmership or a corporation, in~o~rder to determine the propriety of venue in Philadelphia County. Within within fifteen (15) days thereafter, each of the parties shall file in Motions Court an entire Motions Court package under the above-captioned Control Number, realleging the Preliminary Objections and Answers thereto, together with memoranda of law and including any supporting documentation. Failure to comply with this Order shall be deemed a waiver of the Preliminary Objections or Answer. COPIES SEN-r PURSUANT TO Pa. R.CH 238(b) APR 1 B Zoo] First Judicial Distri~?f Pa. User I.D.: ~-Z-_~"~ BYTHECOURT: EXI.IIBFr 1NERNEY, J. DOCKETED APR 1 2 2001 D. BUPP CIVIL ADMINISTRATION Court of Common Pleas of Philadelphia County --- For~ro~,o.~ u,, O,~ Trial Division Civil Cover Sheet ' ' Stephen end Janine Hillena$, h/w 966 Washington Stroot c/o CT Gorp. Systom- ~5~5 Markot St. ~2~0 Allontown, PA ~8~02 I ~hiladelphia, ~A ~9~03 1 52~ Stoney Grook Noad Dauphin, PA ~70~8 L NUMB~ OF PLAINTIFFS YOTAL NO OF DEFENOANTS ~0~EM~NT O~ 2 [] $50,000.00 or less [] Arbitration [] MassTor~ [] Commem¢ [] Settlemem ;r'J More than $50 000.00 [] Ju~ [] Savings Action [] Minor Court Appeal [] Minors [] No.-Jury [] Petition [] Statut°ryAppeals [] W/D/Survival I ] Other: I 2V Motor Vehicle Negligence FILED PRO PROTHY N/A ~ ~ ~ o ZOOO JRELATED PENDING CASES (LIST By ~ASE CA~iON AN[~ DOCKET NUMBER) H. BROUSSARD N/A TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: Papers may be served at the address set forth below. ~Jdfrey H. Penneys, Esquire j1617 John F. Kennedy Boulevard- Suite 355 ' PHONENUMI~ER ~AX ~U~ Philadelphia, PA 19103 I (215)563-6333 I (215)563-3580 I Yes No THIS IS AN ARBITRATION MATTER ms M^',W~R?i,8$~ OF DAMAGES HEARING ....... ~'r'r~r~ :! ~z, o^-m,gqr3 ?~^clt IS ~QUIRED CLEA~IELD, GABER & ~uva~Y, PJ~c :: ~ ~F0~OR By: Jeffrey H. Pe~eys, Esquire :; ~ mu ~a~for Plaintiffs Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 :[ ifiEpd~!SNOR~GHIT-- STEPHEN HILLEGAS AND JAN1NE HILLEGAS, h/w 966 Washington Street Allento~vn, PA 18102 V. THE TOWN AND COUNTRY MANAGEMENT COMPANY c/o C.T. Corporation System 1515 Market Street-Suite 1210 u~.~ ~.!~ 'iA ~ ~ Philadelphia, PA 19102 t~ t~. ~t~'~"~-D.~[~ ERNEST L. MAURER, JR. 521 Stoney Creek Road OCT 4 .~001 Dauphin, PA 17018 Y T T ~MPLY COMPI an~ t n~ UWL AL 1 ION (Code 2V- Motor Vehicle Negligence) COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. NOTICE "You have been sued in court If you wish to defend against the claims set fi3rth in the following pages, you must take action within twenty (20) days at'~er this complaint and nonce are served, by entermg a written appearance personally or by attorney and filing m writing with the court your defenses or o}~lections to the claims set forth against you You are warned that if you lkil to do so the case may proceed without you and a judgment ma3, be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you "YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION LAWYER REFERRAL & INFORMATION SERVICE One Reading Center Philadelphia, PA 19107 (215) 238-1701 AVISO "Le han demandado a usted en la corte Si usted quiere del~nderse de estas demandas expuestas en las phginas siguientes, usted tiene veinte (20) dj/is de plazo al panir de la fecha de ta demanda y la notificaci6n Hace third asentar una comparencia escrlta o en persona o con un abogado y entregar a la cone en lbrma escrita sus defensas o sus objeciones a las demandas en contra de su persona Sea avisado que si usted no se defiende, la cone tomar~ medidas y puede continuar la demanda en contra suya sin previo aVlSO o notificaci6n Ademtis, la corte puede decidir a favor del demandante y requiem que usted compla con todas las provisioned de esta demanda Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR IELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR AS1STENCIA LEGAL. ASOCIACION DE LICENDIADOS DE FILADELFIA SERVICIO DE REFERENCIA E INFORMACION LEGAL One Reading Center Filadelfia, Penna. 19107 Tel~fono: (215)238-1701 GENERAL AVERMENTS 1. Plaintiffs, Stephen Hillegas and Janine Hillegas, are adult individuals and husband and wife, who reside at the above-captioned address. 2. Defendant, Ernest L. Maurer, Jr., is an adult individual who resides at the above- caption address. 3. Defendant, The Town and Country Management Company (hereinafter referred to as "TCMC"), is a Maryland limited partnership licensed to conduct and transact business activities within the Commonwealth of Pennsylvania, with an office for service located at the above-captioned address. 4. At all times material hereto Defendant, Ernest L. Maurer, Jr., did operate, manage and control Defendant, TCMC's 1997 Ford F-250, Pennsylvania Tag No. ZL-83328, which was involved in this accident. 5. On or about April 17, 1999, on 1-81 (South) SR0081/621 at or near Wertzville Road/SR0944, Cumberland County, East Pennsboro Township, Pennsylvania, Defendant, Ernest L. Maurer, Jr., so carelessly and negligently operated the aforementioned vehicle so as to cause it to collide with Plaintiff, Stephen Hillegas, a pedestrian, causing him to sustain the injuries and other losses hereinafter more fully set forth. 6. The negligence and carelessness of the defendants, acting as aforesaid, consisted of the following: (a) (b) operating the aforementioned vehicle at an excessive rate of speed; failing to have proper and adequate control of the aforementioned vehicle so as to avoid accidents; (c) failing to warn of the approach of the aforementioned vehicle with due regard for the rights and safety of the plaintiff; (d) failing to keep a proper lookout; (e) failing to yield to oncoming traffic; (f) Defendant, TCMC, negligently consented and entrusted its vehicle to Defendant, Ernest L. Maurer, Jr., who they knew or should have known, would operate the vehicle in an negligent and careless manner, and had a propensity toward negligence and recklessness; (g) negligence per se; and (h) in being otherwise careless, reckless and negligent, the particulars of which are presently unknown to plaintiff but which may be learned by discovery procedures provided by the Pennsylvania Rules of Civil Procedure or which may be learned at the trial of this case. 7. The aforesaid accident was due solely to the negligence and carelessness of the defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the plaintiffs. COUNT I PLAINTIFF~ STEPHEN ItlLLEGAS v. DEFENDANTS~ TCMC AND ERNEST L. MAURER~ JR. 8. Plaintiff, Stephen Hillegas, incorporates by reference hereto, all of the allegations contained in the General Averments, as if they were set forth at length herein. 9. As a result of this accident, Plaintiff, Stephen Hillegas, has suffered injuries which are or may be serious and permanent in nature, including but not limited to: right shoulder separation, acute severe right shoulder pain, acute ulnar nerve neuropraxia, muscle spasms, headaches, multiple contusions and abrasions, as well as other injuries as may be diagnosed by Plaintiffs health care providers, all of which injuries have in the past, and may in the future, cause Plaintiff great pain and suffering. 10. As a further result of this accident, Plaintiff, Stephen Hillegas, has been or will be required to receive and undergo medical attention and care and to expend various sums of money and to incur various expenses, and may be required to continue to expend such sums or incur such expenditures for an indefinite time in the future. 11. As a further result of this accident, Plaintiff, Stephen Hillegas, has or may hereafter suffer a severe loss of earnings and impairment of earning power and capacity. 12. As a further result of this accident, Plaintiff, Stephen Hillegas, has suffered medically determinable physical and/or mental impairment which prevents the plaintiff from performing all or substantially all of the material acts and duties which constituted the plaintiffs usual and customary activities prior to the accident. 13. As a direct and reasonable result of the accident aforementioned, Plaintiff, Stephen Hillegas, has incurred or may hereafter incur, other financial expenses, which do or may exceed the amount which plaintiff may otherwise be entitled to recover. 14. As a further result of the accident aforementioned, Plaintiff, Stephen Hillegas, has suffered severe physical pain, mental anguish, and humiliation, and may continue to suffer same for an indefinite time in the future. WHEREFORE, Plaintiff, Stephen Hillegas, demands judgment against the defendants, jointly and/or severally, for damages, in an amount not in excess of the arbitration limits, plus interest and costs. COUNT II PLAINTIFF~ JANINE HILLEGAS v. DEFENDANTS~ TCMC AND ERNEST L. MAURER~ JR. LOSS OF CONSORTIUM 15. Plaintiff, Janine Hillegas, incorporates by reference hereto, all of the allegations contained in the General Averments and Count I, as if they were set forth at length herein. 16. Solely as a result of the aforesaid negligence and carelessness of the Defendants, Plaintiff, Janine Hillegas, as spouse of Plaintiff, Stephen Hillegas, has been deprived of the society, companionship, aid, assistance, earnings, and earning power and consortium of said spouse, all of which has caused, and may in the future, continue to cause great emotional and financial loss and damage. WHEREFORE, Plaintiff, Janine Hillegas, demands judgment against the defendants, jointly and/or severally, for damages, in an amount not in excess of the arbitration limits, plus interest and costs. BY: CLEARFIELD, GABER & KOFSKY, P.C. Attorney for PI igi~'f.fs., ...... Stephen Hillegas and Janine Hillegas, h/w VERIFICATION Stephen Hillegas I, hereby verify that '~k~ '~ in the attached Civil Complaint ,and that the ~cts set forth herein are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the- penalties of the 18 PA C.S. §4904, relating to unsworn falsification to authorities. Metr Filine Services. 2021 ARCH STREET PHILADELPHIA, PA 19103 (215) 981 FILE PLAINTIFF(S} Stephen Hillegas Philadelphia Association of Professional Process Servers DEFENDANT(S) ErnestL Maurer, Jr. SERVE AT 521 Stoney Creek Road Dauphin, PA 17018 COURT TERM and NO. COUNTY 3%02-0319 DATE PREPARED Feb 08,2001 Philadelphia SERVED BY Dauphin County ~Civil Action _ J Subpoena ~ Notice of Real Estate Sale ~ Summons [] Other 'Writ Of EOMPANY28977 CONTROL NUMBERl SPECIAL INSTRUCTIONS Deputize service to Dauphin County Served and made known to on the day of , at at , County of Commonwealth of Pennsylvania, in the manner described below: r~ Defendant(s) personally served - J Adult family member with whom said Defendant(s) reside(s). Relationship is [] Adult in charge of Defendant's residence who refused to give name or relationship. [ Agent or person in charge of Defendants's office or usual place of business. ~ an officer of said Defendant company. r j Other Description Age: Height: Weight: Race: On the day of ,19 , at Defendant not found because: l, Moved _1 Unknown ii! NoAnswer ~ Vacant I Other Sex: NAME OF SERVER being duly sworn according to law, deposes and says that he/she is process server herein names; and that the facts herein set forth above are true and correct to the best of their knowledge, information and belief. Sworn to and subscribed before me this -- day of 20 Sheriff Process Server/Competent Adult Attorney's Name Jeffrey Penneys Firm name Metro Filing Services, Inc. Address 2021 Arch Street, Third Floor Philadelphia, Pa 19103 Telephone # (215) 981-3453 1990 Philadelphia A$$0C of Professional Proces$Servers Rev 98.1 Metro Piling Services, Inc, founding membe~ Client # ATTEST 549 Metro Filing Services, Inc. PRO PROTHY DATE MaD' Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin Cotmty Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G. McAllister Chief Deputy Michael W. Rinehart Assistant Clfie£ Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: February 20, 2001 CIVIL ACTION COMPLAINT MAURER ERNEST L JR to HIM of the original to him/her the contents thereof at : HILLEGAS STEPHEN vs : MAURER ERNEST L JR Sheriff's Return No. 0442-T - -2001 OTHER COUNTY NO. 00-0319 at 10:00PM served the within upon by personally handing 1 true attested copy(ies) CIVIL ACTION COMPLAINT and making known 521 STONEY CREEK ROAD DAUPHIN, PA 17018-0000 Sworn and subscribed to before me this 21ST day of FEBRUARY, 2001 PROTHONOTARY So Answers, Sheriff of Dau~ County, Pa. Deputy Sh~ff Sheriff's Costs: $30.50 PD 02/14/2001 RCPT NO 146501 MARTIN Metro FilinE Services. Inc. Philadelphia Association of 2021 ARCH STREET Professional Process Servers PHILADELPHIA, PA 19103 AFFID&~.I'K OF.-SERVlCE (21s)981FIL , 01 20 l: IT PLAINTIFF (S) Stephen Hillegas DEFENDANT ( S } The Town & Country Management Co. SERVE AT c/o: CT Corporation 1515 Market Street Philadelphia, PA 19103 COURT TERM and NO. 01-02-0319 DATE PREPARED Feb 15,2001 ~ Civil Action ~Surnrnons · Writ Of COUNTY Philadelphia SERVED BY Brian Daly ,- Subpoena ~ Notice of Real Estate Sale _J Other SOMPANY CONTROL NUMBER 28978 SPECIAL INSTRUCTIONS Served and made known to The Town & Country Management Co. on the 12 day of February 2001 , at 10:46 AM at c/o: CT Corporation , County of Philadelphia Commonwealth of Pennsylvania, in the manner described below: [] Defendant(s) personally served I-1 Adult family member with whom said Defendant(s) reside(s). Relationship is P1 Adult in charqe of Defendant's residence who refused to give name or relationship. I,/l Agent or person in charge of Defendants's office or usual place of business. Heather Zygrnunt [i an officer of said Defendant company. L, Other Description Aqe: Height: Weight: Race: On the davof __, at Defendant not found because: i Moved I~ Unknown _~ NoAnswer '_Vacant ~ Other Sex: NAME OF SERVER Brian Daly being duly sworn according to law, deposes and says that he/she is process server herein names; and that the facts herein set forth above are true and correct to the best of their knowledge, information and belief. Sheriff Process Server/Competent Adult Law Firm Clearfield, Gaber & Kofsky Attorney's Name Jeffrey Penneys Address One Penn Center, Ste. 355, 1617 JFK BLvd. Philadelphia, PA 19103 Telephone # (215) 563-6333 Client # 1990 Philadelphia Assoc. of Professional ProcessServers Rev 98.1 Metro Filing Services, Inc, founding membe, 549 NOTARIAL ATTEST PRO PROTHY DATE Vernell Washing~rl JACOBS & SABA BY: Michael P. Geleta Attorney I.D. No. 49433 1515 Market Street Suite 1110 Philadelphia, PA 19102-2091 (215) 762-0400 STEPHEN HILLEGAS : and vs. Attorney for Defendants THE TOWN AND COUNTRY MANAGEMENT CO.: and ERNEST L. MAURER, JR. : COURT OF COMMON PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2001 NO. 319 PRELIMINARY OBJECTIONS OF DEFENDANTS THE TOWN AND COUNTRY MANAGEMENT COMPANY AN~ ERNE.qT I,_ MAT~R~: .IR. TO PI,AT~TI~, COMPANY 1. This action was commenced by the p~ defendants by means of a Complaint filed on ~eb: true and correct copy of the Complaint is part hereof and marked as Exhibit "a". 2. This is a Civil Action for personal~j of a motor vehicle fs against the !ylT, 2001. A ~ !e~eto, made a .es arising out accident, which occurred~n A~il 17, 1999 on Interstate 1-81 in Cumberland County, Pennsylvania. 3. The accident site is not in Philadelphia County, but is located in Cumberland County, Pennsylvania. 4. Defendant, Ernest L. Maurer, Jr., who was operating the vehicle owned by Defendant, The Town and Country Management Company, resides at the address listed on Plaintiffs' Complaint. He does not reside in Philadelphia County. 5. Defendant, The Town & Country Management Company, is a Limited Partnership based in Baltimore, Maryland. This Limited Partnership does not conduct business in Philadelphia County. 6. C.T. Corporation System is a Company, with an office in Philadelphia that is authorized to accept service on behalf of The Town and Country Management Company for cases that have venue in York County. C.T. Corporation System has absolutely no affiliation with Defendant, The Tow~ and Country Management Company. 7. The plaintiffs, Stephen Hillegas and Janine Hillegas, live in Allentown, Pennsylvania, which is in Lehigh County. They do not reside in Philadelphia. 8. There is absolutely no connection with Philadelphia County other than C.T. Corporation System, which is a nationwide based company that contracts to accept service of process on behalf of clients. C.T. Corporation System's only Pennsylvania office is located in Philadelphia, Pennsylvania. venue for accepting service on behalf Management Company is York County. The designated county of of The Town and Country 9. Defendant, The Town and Country Management Company is a Limited Partnership and pursuant to the Pennsylvania Rules of Civil Procedure, an action against a partnership may be brought in and only in a county where the partnership regularly conducts business, or in the county where the cause of action arose or in a county where a transaction or occurrence took place out of which the cause of action arose. 10. This accident Philadelphia County. occurred in Cumberland County not in The Defendant, The Town and Country and Country Management request that this matter be transferred to the Court of Management Company, does not do business in Philadelphia County. Therefore, venue in this case is improper. WHEREFORE, the Defendants, The Town Company and Ernest L. Maurer, Jr., dismissed for lack of venue, or be Common Pleas of Cumberland County. Respectfully submitS, At~o~ey~for Defendants, The Town & Country ~na~ement Co. Ernest L. ~urer, Jr. VR~T~T~A~TQ~ MICHAEL P. GELETA, hereby states that he is the attorney for Defendants, The Town and Country Management Company and Ernest L. Maurer, Jr., in this action, and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. DATED: Attorney for Defendants, The Town & Country Management Co. Ernest L. Maurer, Jr. OF PROTHONOTARY OFFICE clco4','~ ~,:~,.,-/(of~k-,v' nC. COURT ~-~ouse ~o The County of Cumberland __Z MAKE CHI~CK PAYASL~"~O PROff'~H-iONO?AR¥, COMMON PLO-AS COUR,r 'J CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JAN1NE HILLEGAS, h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-05006 MOTION TO COMPEL DISCOVERY Plaintiffs, by and through their attorneys, Clearfield, Gaber & Kofsky, P.C., hereby moves this Honorable Court to enter an Order pursuant to Pa.R.C.P. 4019 compelling Defendants to answer certain discovery propounded to Defendants by Plaintiffs in this matter. In support of this Motion, Plaintiffs aver as follows: 1. The instant Civil Action was commenced by the filing of a Complaint on February 7, 2001. 2. On March 5, 2001, Plaintiffs served their Interrogatories and Request for Production of Documents and Things upon counsel for Defendants, by first class United States Mail. 3. Pursuant to Pa. R.C.P. 4006 (a)(1), defendants' answers and objections, if any, to said Plaintiffs' Interrogatories and Request for Production of Documents and Things were due on or before April 5, 2001. 4. Although a period of approximately six (6) months has now elapsed since said Plaintiffs' discovery requests were served upon counsel for Defendants, no response of any kind thereto has been received to date. 5. Plaintiffs require an Order of this Court pursuant to Pa.R.C.P. 4019 (a)(1)(i) compelling Defendants to answer said Interrogatories and Request for Production of Documents and Things. WHEREFORE, Plaintiffs respectfully request the Court enter an Order compelling Defendants to file full and complete and discrete Answers to Plaintiffs' Interrogatories and Request for Production of Documents and Things or suffer appropriate sanctions to be imposed upon further application to the Court. CLEARFIE~ ~Y, P.C. BY: JEFFREY .~E~N~fYS, i ]QUIRE Attorney for Plai~ffs, Stephen and Janine Hillegas, h/w CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS, h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaimiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-05006 MEMORANDUM OF LAW Plaintiffs incorporate their Motion to Compel herein as if fully set forth at length herein. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter an Order in the form proposed. BY: CLEARFIELD, G~Y, P.C. JEFFREY H. PEI~NEY/~, ESQUIRE Attorney for Plai/~tiffs// Stephen and Jani e~llegas, h/w VERIFICATION I, JEFFREY H. PENNEYS, ESQUIRE, verify that the statements made in the foregoing Motion to Compel are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to authorities. JEFFREY H~S, ESQUIRE 01HB-00102 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants Hn~GAS, B/W, PLAIN'~gS VS. Tim TOWN AND COUN'rg¥ MANAGEMENT COMPANY AND ERNEST L. MAURER, JR., Dv_~OA~T$ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-05006 CIVIL ACTION- LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO ~ PROTHONOTARY: Kindly enter my appearance in the above-~aptioned matter on behalf of the Defendants, The Town and Country Management Company and F_xnest L. Maurer, Jr. Date: Respectfully submitted, LAW OFFICES.OF JACOBS &.SA}BA AtWmey for Defendants Identification No. 39126 0 II-IB-O0102 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants S'r~.~HEN HU.T.E6A$ AND JANINE HILLEGAS, H/W, PLAINTIFFS VS. Trm Tow~ A~O COUNTItY MANAGEMENT COMPANY AND EP.~_S? L. MAVP.~R, Jm, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-05006 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a tree and correct copy of the attached Entry of Aonearance served by regular first class mail upon: to be Jeffrey H. Penneys, Esquire Clearfield, Gaber & Kofsky Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Date:~_e~lll~L~O01 Attorney for Defendants 5 '~ 5 CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JAN1NE HILLEGAS, h/w SEP Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY THE TOWN AND COUNTRY MANAGEMENT COMPANY : and ERNEST L. MAURER, JR. : NO. 2001-05006 ORDER AND NOW, this ZO~day of J'~t..4~ ,2001, upon consideration of the Plaintiffs' Motion to Compel Discovery, it is hereby ORDERED that Plaintiffs' Motion is GRANTED. Defendants shall ~:~ ~" _ ........ , ~v-,v'~--, ............... ,, ........ t __~ to Plaintiffs' Interrogatories and Request for Production of Documents within T. an.444) days of the date of~this Order or appropriate sanctions shall be imposed upon Defendants upon application to the Court. BY THE COURT: Jo CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS, h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-05006 MOTION TO COMPEL DISCOVERY Plaintiffs, by and through their attorneys, Clearfield, Gaber & Kofsky, P.C., hereby moves this Honorable Court to enter an Order pursuant to Pa.R.C.P. 4019 compelling Defendants to answer certain discovery propounded to Defendants by Plaintiffs in this matter. In support of this Motion, Plaintiffs aver as follows: 1. The instant Civil Action was commenced by the filing of a Complaint on February 7, 2001. 2. On March 5, 2001, Plaintiffs served their Interrogatories and Request for Production of Documents and Things upon counsel for Defendants, by first class United States Mail. 3. Pursuant to Pa. R.C.P. 4006 (a)(1), defendants' answers and objections, if any, to said Plaintiffs' Interrogatories and Request for Production of Documents and Things were due on or before April 5, 2001. 4. Although a period of approximately six (6) months has now elapsed since said Plaintiffs' discovery requests were served upon counsel for Defendants, no response of any kind thereto has been received to date. 5. Plaintiffs require an Order of this Court pursuant to Pa.R.C.P. 4019 (a)(1)(i) compelling Defendants to answer said Interrogatories and Request for Production of Documents and Things. WHEREFORE, Plaintiffs respectfully request the Court enter an Order compelling Defendants to file full and complete and discrete Answers to Plaintiffs' Interrogatories and Request for Production of Documents and Things or suffer appropriate sanctions to be imposed upon further application to the Court. Attorney for Plaifl~iffs, Stephen and Janine Hillegas, h/w CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building ~ Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS, h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-05006 MEMORANDUM OF LAW Plaintiffs incorporate their Motion to Compel herein as if fully set forth at length herein. WHEREFORE, Plaintiffs respectfully request this Honorable Court enter an Order in the formproposed. BY: JEFFREY H. PE]}qNEYj$, ESQUIRE Attorney for Plai.~ti?~.. .. Stephen and Jani e~llegas, h/w VERIFICATION I, JEFFREY H. PENNEYS, ESQUIRE, verify that the statements made in the foregoing Motion to Compel are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of Title 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to authorities. JEFFREY H P~E~S, ESQUIRE SEP 1 9 200~-~ CLEARFIELD, GABER & KOFSKY, P.C. By: Jeffrey H. Penneys, Esquire Identification No. 76243 Suburban Station Building - Suite 355 1617 JFK Boulevard Philadelphia, PA 19103 (215) 563-6333 STEPHEN HILLEGAS AND JANINE HILLEGAS, h/w THE TOWN AND COUNTRY MANAGEMENT COMPANY and ERNEST L. MAURER, JR. Attorney for Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 2001-05006 ORDER AND NOW, this :go ~'day of j'~'t,,,,~r ,2001, upon consideration of the Plaintiffs' Motion to Compel Discovery, it is hereby ORDERED that Plaintiffs' Motion is GRANTED. Defend~ts shall ~'~ Inte~ogatories and Request for Production of Documents within ~) days of the date o~his Order or appropriate sanctions shall be imposed upon Defendants upon application to the CouP. ~UCUlil¢fl[S piudub~ BY THE COURT: Jo 01HB-00102 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants STEPHEN HILLEGAS AND JANINE HILLEGAS~ H]W~ PLAINTIFFS VS. THE TOWN AND COUNTRY MANAGEMENT COMPANY AND ERNEST L. MAURER, JR., DEFENDANTS IN TI-IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-05006 Civil, ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABT.R, THE JUDGES OF THE SAID COURT: Donald R. Domr. Esa_uire respectfully represents that: counsel for the Defendants in the above action, The above-captioned action is at issue. The claim of the Pl,intiff in the action is $ ,, n.~'~'-~f--'~-~~--- ~ The counterclaim of the Defendant in this action The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Donald R. Dorer. E,m_uire. Attorney for Defendant Jeffrey H. Penneys, Esquire, Attorney for Plaintiffs WI-mnP.~ORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, LAW/:.~/OF JACOJ ~nald R. Domr, ~squ~ ABA~ Attorney for Defendants Identification No. 39126 VINVA"IASNN~Jcl Ct~mL..~ n ALN~OO ~ V,4 0 ORDER OF COURT AND NOW, ~~t c~, ,20 o / , in consideration of the Esquire, and.~_-~__~_.~ ~Y?,/~'.~ , Esquire, are lippointed aflSitrators in the above- captioned action as prayed for.- ~ BY THE COURT, 01HB-00102 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants STEPHEN HILLEGAS AND JANINE HILLEGAS~ I-I]W~ PLAINTIFFS VS. THE TOWN ANO COUNTRY MANAGEMENT COMPANY AND ERNEST L. MAURER, JR., DEFENDANTS IN TH~ COURT OF COI~ION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-05006 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a tree and correct copy of the attached Petition for Appointment of Arbitrators to be served by regular first class mail upon: Date: February 25, 2002 Jeffrey H. Penneys, Esquire Clearfield, Gaber & Kofsky Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 / ~i~al~l R. Dorer, Esquire Attorney for Defendants In the Court of Common Pleas of Cumberland county, Pennsylvania No.. c, 20 OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated) Date of Hearing: Date of Award: · Arbitrator, dissents. (Insert name if applicable.) NOTICE OF Now, the ¥ ~day of ~ was entered upon the docket and not~ce Arbitrators' compensation to be $ .2 qo.cro Deputy ,20o~,at /o:¥a , ~. M., the above award thereof given by mail to the parties or their attorney. Prothonotai/y By: (~-- ~. ~ 01HB-00102 STEPHEN HILLEGASAND JANINE HILLEGAS, H/W~PLAINTI~S VS. THE TOWN AND COUNTRY MANAGEMENT COMPANY AND ERNEST L. MAURER, JR., DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-05006 CML ACTION - LAW JURy TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO ~ PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. By: ~ Jeffrey H. Pen squi Clearfield, Gabon& ] :ors: Suburban Station Bu [~in 1617 John F. Kennedy-~l~ Philadelphia, PA 19103 Attorney I.D.# '~ f., "&q'?> Attorney for Plaintiffs Suite 355 ~levard Date: 01HB-00102 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendants STEPHEN HILLEGAS AND JANINE HILLEGAS, H/W, PLAINTIFFS VS. THE TOWN AND COUNTRY MANAGEMENT COMPANY AND ERNEST L. MAURER, JR., DEFENDANTS IN ~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, pENNSYLVANIA No. 2001-05006 CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendants herein, and that he caused a tree and correct copy of the attached Praecipe to Settle. Discontinue and End to be served by regular first class mail upon: Date: July 25, 2002 Jeffrey H. Penneys, Esquire Clearfield, Gaber & Kofsky Suburban Station Building, Suite 355 1617 John F. Kennedy Boulevard Philadelphia, PA 19103 Donald R. Dorer, Esquire Attorney for Defendants