The URL can be used to link to this page

Home My WebLink About14-6296 nnsylvania buylreme Cou' sof Pe COUrt-of,:Commo leas For Prothonotary Use Only: Civil Cover Sheet 1 rf. s i1 Civil No: S'T, Cu 6erland' County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S - Complaint fx Writ of Summons Jl Petition Q Transfer from Another Jurisdiction 11 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Donald Miller Prime Inc. T Dollar Amount Requested: within arbitration limits I Are money damages requested? !X Yes No check one � ( ) M7 outside arbitration limits N Is this a Class Action Suit? 0 Yes ER No Is this an MDJAppeal? 3 Yes El No A Name of Plaintiff/Appellant's Attorney: Ronald R. Pellish, Esquire Cj Check here if you have no attorney(are a Self-Represented (Pro Se] Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS J Intentional ❑ Buyer Plaintiff Administrative Agencies J Malicious Prosecution IJ Debt Collection: Credit Card Board of Assessment ;xy Motor Vehicle ❑ Debt Collection: Other -11 Board of Elections Nuisance IJ Dept.of Transportation P_1 Premises Liability h Statutory Appeal:Other S E] Product Liability(does not include ❑ Employment Dispute: mass tort) E i_ Slander/Libel/Defamation Discrimination C J Other: Employment Dispute:Other IJ Zoning Board T �—1 Other: I J Other: O MASS TORT E] Asbestos N 0 Tobacco -1 Toxic Tort-DES J Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS IJ Toxic Waste PJ Ejectment 0 IJ Eminent Domain/Condemnation � Common Law/Statutory Arbitration Other: B ❑ (] Declaratory Judgment Ground Rent J Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations fJ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY fJ Mortgage Foreclosure:Commercial Quo Warranto 17 Dental ❑ Partition J Replevin Q Legal J Quiet Title J Other: D Medical ❑ Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION Plaintiff(s)&Address(es) DONALD MILLER D/B/A SHADOW TRUCKING 501 W. Laurel St. Tremont, PA 17981 A Case No. W Civil Term VS. Civil Action-- Law Defendant(s)&Address(es) PRIME INC. " 2740 North Mayfair - ' _ Springfield, MO 65803 PRAECIPE FOR WRIT OF SUMMONSc. TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne heriff. Please Circle choice rr� Date : October 28, 2014 Signature of Attorney Print Name: RONALD R. PELLISH, ESQUIRE Address: 809 W. Market St. Pottsville, PA 17901 Telephone#:570-622-2338 Supreme Court ID Number: 23802 11:5 175 WRIT OF SUMMONS c l i�I TO: PRIME INC. ,Zja-_2j asp YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S)114S/HAE COMMENCED AN ACTION AGAINST YOU. - r ProthonotaryJerk,CivilDivision Date: ��—e epu?' Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DONALD MILLER d/b/a SHADOW TRUCKING, Plaintiff vs. : Case No. 14-6296 PRIME INC., : CIVIL ACTION - LAW Defendant AFFIDAVIT OF SERVICE I, Ronald R. Pellish, Attorney for Plaintiff, being duly sworn according to law, deposes and states that I mailed by Certified Mail No. 7013 0600 0000 2995 1571, Return Receipt Requested, a true and correct copy of the Praecipe for Writ of Summons and Writ of Summons in this action to the Defendant at P.O. Box 4208, Springfield, MO 65808, and that the Defendant did receive same, as evidenced by the signed receipt attached hereto. Service was made in accordance with Pennsylvania Rules of Civil Procedure Rule 403 and Rule 404. PELLISH & PELLISH By: Q",.. RONALD R. PELLISH, ESQUIRE Attorney for Plaintiff Sworn and Subscribed to before me, this 19th of November , 2014. 114-t/1 07ayzAjCb2zet,e4, Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat Ruth Marie Gruver, Notary Public City of Pottsville, Schuylkill County My Commission Expires Nov. 4, 2015 EMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES r N Lfl U-) a- ru L=3 rz) tz3 -a m N U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come OPAL USE OFF Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees .70 3.30 2.70 $ 6.70 November 6, 2014 Postmark Here Sent To Prime Inc. gtroet, Apt. No.; or PO Box No. P.O. Box 4208 Cly,SmtpDP+ °Springfield, MO 65808 PS Form 3800, August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete-iterns d 3. Also complete item 4 ifestricted�iivery is desired. II Print yourna,mkarid address on the reverse so that we can returri'llie.tard to you. • Attach this card -to the back of the mailpiece, or on the front if space permits: . Article Addressed to: Prime Inc. P.O. Box 4208 Springfield, MO 65808 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by ( Printed Name) Le(3c-c/ 0 Agent 0 Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 1 3. Service Type 10 Certified Mall ID Registered 0 Insured Mail 0 Express Mall 0 Return Receipt for Merchandise 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service MOO • PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Ronald R. Pellish, Esquire Atty. No. 23802 PELLISH & PELLISH 809 West Market Street Pottsville, PA 17901 Telephone (570) 622-2338 Fax (570) 622-2339 DONALD MILLER d/b/a SHADOW TRUCKING, vs. PRIME INC., Attorney for Plaintiff H COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL DIVISION Defendant : Case No. 14-6296 Civil Term : CIVIL ACTION - LAW NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a Judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PENNSYLVANIA BAR ASSOCIATION LAWYER REFERRAL SERVICE 100 SOUTH STREET, P.O. BOX 166 HARRISBURG, PA 17108 TELEPHONE: 1-800-692-7375 Ronald R. Pellish, Esquire Atty. No. 23802 PELLISH & PELLISH 809 West Market Street Pottsville, PA 17901 Telephone (570) 622-2338 Fax (570) 622-2339 Attorney for Plaintiff DONALD MILLER d/b/a SHADOW TRUCKING, vs. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL DIVISION : Case No. 14-6296 Civil Term PRIME INC., : CIVIL ACTION - LAW Defendant COMPLAINT The Plaintiff, Donald Miller d/b/a Shadow Trucking, hereby complains against the Defendant upon a civil cause of action as follows: 1. The Plaintiff, Donald Miller, is an adult individual doing business as Shadow Trucking with a place of business at 501 West Laurel Street, Tremont, Schuylkill County, Pennsylvania 17981. 2. The Defendant, Prime Inc., is a trucking company with a principal business address of 2740 North Mayfair, P.O. Box 4208, Springfield, Missouri 65803. 3. At all times relevant hereto, John Fleming, was an employee of Plaintiff, and was operating a gasoline tanker/tractor trailer vehicle owned by the Plaintiff in the course and scope of his employment with the Plaintiff. 4. At all times relevant hereto, an unknown employee of Defendant was operating a boxed refrigeration truck owned by the Defendant in the course and scope of his employment with the Defendant. The name of the employee is unknown because he/she fled the scene of the accident. 5. On or about November 5, 2012, at or about 8:32 p.m., Plaintiff's employee was operating the gasoline tanker/tractor trailer owned by the Plaintiff on Route 581 West in the left-hand lane, and was approaching the on-ramp from Route 83 North in New Cumberland Borough, Cumberland County, Pennsylvania. 6. At the aforesaid place and time, Defendant's employee was operating the boxed refrigeration truck owned by the Defendant on the on-ramp from Route 83 North onto Route 581 West. 7. At the aforesaid place and time, Defendant's employee failed to yield his truck to oncoming traffic traveling on Route 581 West, crossed the driving lane and drove into the left-hand lane of Route 581 West, causing the bed of Defendant's truck to strike the front passenger's side of Plaintiff's tractor trailer. At that same time, said employee of Defendant proceeded to travel on Route 581 West, and thereby fled the scene of the accident. 8. At all times heretofore mentioned, Plaintiff's employee was operating in the exercise of due care and was without fault or negligence on his part. 9. Defendant employee's collision of his motor vehicle with that of the Plaintiffs resulted in damage to Plaintiff s vehicle which was the sole, exclusive and proximate result of the negligence of Defendant's employee. COUNTI NEGLIGENCE Donald Miller d/b/a Shadow Trucking vs. Prime Inc. 10. Paragraphs 1 through 9 inclusive are incorporated herein and made a part hereof by this reference. 11. The negligence of the employee of the Defendant while operating the. truck of the Defendant consists of the following: (a) Failing to bring his vehicle to a stop before striking the vehicle of the Plaintiff; (b) Failing to have his vehicle under proper and adequate control under the circumstances; (c) Driving his vehicle at a rate of speed which was excessive under the circumstances; (d) Operating his vehicle too fast for conditions; (e) Operating his vehicle in such a manner as to cause it to collide into Plaintiff's vehicle; (f) Operating his vehicle at such a speed that it could not be stopped within the range of vision of the Defendant; (g) Failing to keep a careful and diligent watch on the road; (h) Failing to observe the stopped motor vehicle of the Plaintiff in time to avoid a collision; (i) Operating his vehicle in a careless, reckless and negligent manner in disregard to the rights and safety of others upon the highway, particularly the Plaintiff; (j) Failing to be attentive to his duties as a driver of a motor vehicle; (k) Failing to keep and maintain a proper lookout and to observe the vehicle of the Plaintiff; (1) Operating his motor vehicle in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania including but not limited to 75 Pa.C.S.A. §3361 - driving vehicle at safe speed. 12. As a result of the above-described motor vehicle accident, the Plaintiffs' motor vehicle was towed from the accident scene by Deimler Trucking, Inc. to its Mechanicsburg Yard in Mechanicsburg, Cumberland County, Pennsylvania, compelling Plaintiff to incur towing and service charges, the reasonable cost and value of which was One Hundred Twenty ($120.00) Dollars. A true and correct copy of said towing and service charges incurred by the Plaintiff from Deimler Trucking, Inc. is attached hereto, incorporated herein, and marked as Exhibit "A". 13. As a result of the above-described motor vehicle accident, the Plaintiffs' motor vehicle was towed by EDF Transport, Inc. from Deimler's Mechanicsburg Yard in Mechanicsburg, Cumberland County, Pennsylvania, to Hatters Body Shop in Mollystown (Ravine), Schuylkill County, Pennsylvania, compelling Plaintiff to incur towing and service charges, the reasonable cost and value of which was Three Hundred Twenty ($320.00) Dollars. A true and correct copy of said towing and service charges incurred by the Plaintiff from EDF Transport, Inc. is attached hereto, incorporated herein, and marked as Exhibit "B". 14. As the result of the above-described motor vehicle accident, the Plaintiff was compelled to incur costs for repairs, including a deductible in the amount of One Thousand ($1,000.00) Dollars. A true and correct copy of said repair bill incurred by the Plaintiff from Hatters Body Shop is attached hereto, incorporated herein, and marked as Exhibit "C". 15. As the result of the above-described motor vehicle accident, Plaintiff incurred rental fees from Deimler Trucking, Inc. for rental and mileage charges associated with truck and equipment rentals in order to continue his trucking services while his motor vehicle was repaired. Said fees amounted to Nine Thousand Nine Hundred Sixty-three Dollars and Twenty -Six ($9,963.26) Cents, as follows: 11/05/12-11/09/12 11/10/12-11/16/12 11/17/12-11/23/12 11/17/12-11/23/12 11/24/12-11/29/12 12/08/12-12/14/12 12/10/12-12/14/12 12/14/12-12/21/12 12/21/12-12/28/12 12/28/12-01/04/12 12/28/12-01/04/12 Deimler Trucking Deimler Trucking Deimler Trucking Deimler Trucking Deimler Trucking Deimler Trucking Ryder Transportation Ryder Transportation Ryder Transportation Ryder Transportation Ryder Transportation truck rental & mileage charges equipment rental truck rental & mileage charges equipment rental truck rental & mileage charges Ryder equipment rental Ryder tuck rental Ryder tuck rental Ryder tuck rental Ryder tuck rental Ryder tuck rental 460.44 783.12 929.76 1,026.60 571.92 1,884:08 1,085.00 844.78 832.06 800.26 745.24 Total: $ 9,963.26 A true and correct copy of the truck rental invoices received from Deimler Trucking Inc. and Ryder Transportation paid by Plaintiff are attached hereto, incorporated herein, and marked as Exhibit "D". (a) Entrusting a motor vehicle to an individual it knew or should have known was incapable of operating said motor vehicle in a safe and lawful manner; (b) Entrusting a motor vehicle to an individual it knew or should have known was an incompetent and unsafe driver; (c) Entrusting a motor vehicle to an individual it knew or should have known was likely to use the motor vehicle in a manner that would create an unreasonable risk of harm to others; (d) Entrusting a motor vehicle to an individual without taking adequate measures to ensure that the driver was capable of operating said motor vehicle in a safe and lawful manner; (e) Allowing its employee to operate a motor vehicle in a careless, reckless, negligent manner and in a manner in violation of the Pennsylvania Motor Vehicle Code 75 Pa.C.S.A. §3361. (f) Allowing its employee to operate said vehicle too fast for conditions; (g) Allowing its employee to operate said vehicle in such a manner as to cause it to collide into another vehicle; (h) Allowing its employee to drive at a speed which would not enable him to stop within the assured clear distance; (i) Allowing its employee to fail to yield said vehicle to traffic; (j) Allowing its employee to operate said vehicle in careless disregard for the safety of the person and property of the Plaintiff, in violation of the Pennsylvania Motor Vehicle Code 75 Pa. C.S.A. §3714; (k) Allowing its employee to operate said vehicle in willful or wonton disregard for the safety of the person and property of the Plaintiff, in violation of the Pennsylvania Motor Vehicle Code 75 Pa. C.S.A. §3736. 21. As a result of the negligence of the Defendant, the Plaintiff suffered the losses as more specifically described in Paragraphs 12 through 15 above, which paragraphs are incorporated herein and made a part hereof by this reference. WHEREFORE, the Plaintiff, Donald Miller d/b/a Shadow Trucking, demands Judgment against the Defendant, Prime Inc., as owner of the Defendant vehicle, in an amount of Eleven Thousand Four Hundred Three Dollars and Twenty-six ($11,403.26) Cents together with interest, costs, and delay damages and hereby demands a jury trial. By: RONALD R. PELLISH, ESQUIRE Attorney for Plaintiff 809 West Market Street Pottsville, PA 17901 Telephone (570) 622-2338 I.D. No. 23802 VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the attached pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language is that of counsel and not of the undersigned. The undersigned verifies that I have read the attached and that it is true and correct to the best of my information and belief. To the extent that the contents are that of counsel, the undersigned has relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DONALD MILLER d/b/a Shadow Trucking Date: //- ZO-/174 Exhibit "A" DEIMLER TRUCKING, INC. 300 Mulberry Drive Mechanicsburg, PA 17056 Phone: (717) 766-0341 Fax: (717) 766-1449 Qty Billing Data Invoice Date: November 13, 2012 Name: Don Miller Address: 0.00 Address: Supplies Qty Material/Parts Amount Total 0 Tub of Grease 3.10 0.00 0 Supplies - 0.00 0 Environmental Charge - 0.00 0.00 0.00 —! —1! 3 (i) 3 c 0 tq Hours Labor 0..00 - 50.00 0.00 - Sub Total: 0.00 Tax: TOTAL OF INVOICE: 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 JOB DATA Service Date: Unit Number: 8989 Mileage: Employee: JOB DATA IP Test: Tow from 581 to Mechanicsburg Yard. VK Test: State Inspection: Federal Annual: License #: P564729 DESCRIPTION OF WORK AMOUNT Tow from 581 to Mechanicsburg Yard. 120.00 —! —1! 3 (i) 3 c 0 tq Hours Labor Total Parts: - 50.00 Total Labor: - Sub Total: 120.00 Tax: TOTAL OF INVOICE: $ 120.00 Exhibit "B" EDF Transport, Inc. 300 Mullberry Drive Mechanicsburg, PA 17055 Shadow Trucking Don Miller Invoice DATE INVOICE # 11/21/2012 2054 SHIP TO 181 Mollystown Rd Pine Grove, PA EDF PRO # TERMS DRIVER SHIP DATE TRUCK # TOTAL MILES MANIFEST # 2054 Net 15 JB 11/21/2012 1605 109 QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT 4 Towing -Hourly Tow 8989 to Out-of-state Hatters from Deimler Yard sale, exempt from sales tax PkH) c g`o., 80.00 0.00% 320.00T 0.00 Total $320.00 Exhibit "C" HATTER'S AUTO BODY SHOP, INC 181 Molleystown Road Pine Grove, PA 17963 (570) 345-4662 MATERIAL USED Ail PARTS NEW UNLESS SPECIFIED: U -USED, II -REBUILT, RC -RECONDITIONED QTY. PART NO. DESCRIPTION PRICE WARRANTY S n d cord car 4/ A PHONE ADDRES 2ND AUTHORIZED NAME PHONE • M TYPE OR MEL Ljf lq (!Zfv,(` YFJt�iO� � RECEIVED (DATE &TIME) A.M. P.M. SERIAL #AAN ENGINE NO. PROMISED (DATE & TIME) A.M. P.M. ODOMETER LICENSE NO TERMS PHONE WHEN READY ■YES ■NO MV# \ ORDER WRITTEN BY CUSTOMER'S ORDER NO. J OPER. NO. ,3vv op INSTRUCTIONS (DSS ISJ LUBRICATION LABOR CHARGE CHANGE OIL CHANGE OIL FILTER CART. CHANGE TRANS. CHANGE DIFF. PACK FRONT WHEEL BRGS ❑ ADJUST BRAKES ❑ ROTATE TIRES WASH POLISH STATE INSPECTION CHARGE FOR HAZARDOUS OR OTHER WASTE REMOVAL* l la t s c, Li -x/3. a 69:079a-751, /d 997,4 P `122.x/) 14,�IdIo e GLZJ soon Estimated cost $ Estimate Charge Basis for Charge OUTSIDE REPAIRS PARTS SAVED RETURNED QTY. BROUGHT FORWARD ACCESSORY N0. TOTAL PARTS 0 ACCESSORIES PRICE ) A-GT3810/GT36111 / T-3869 `09-1 TOTAL ACCESSORIES PLEASE READ CAREFULLY, CHECK ONE OF THE STATEMENTS BELOW, AND SIGN: I UNDERSTAND THAT, UNDER STATE LAW, I AM ENTITLED TO A WRITTEN ESTIMATE, INCLUDING A COMPLETION DATE, IF MY FINAL BILL WILL EXCEED $100. ($50 in Maryland) — I REQUEST A WRITTEN ESTIMATE. THE FINAL BILL MAY NOT EXCEED THS ESTIMATE WITHOUT MY WRITTEN APPROVAL. I DO NOT REQUEST A WRITTEN ESTIMATE, AS LONG AS THE REPAIR COSTS DO NOT EXCEED S . THE SHOP MAY NOT EXCEED THIS AMOUNT WITHOUT MY WRITTEN OR ORAL APPROVAL. I DO NOT REQUEST A WRITTEN ESTIMATE. 'Checked lines apply (Preparer must check at least one): This charge represents costs and profits to the motor vehicle repair facility for miscellaneous shop supplies or waste disposal. _ This amount Includes a charge of $ which is required under law. METHOD OF PAYMENT: GAS, OIL, & GREASE. PRICE ❑ CASH ❑ CHECK ❑ CHARGE LABOR 0 FLAT RATE 0 HOURLY 0 BOTH You are entitled by law to the return of at parts replaced, except those for which there is a core charge, unless you agree otherwise by initialing the following: _ I do not desire the rehun of any of the parts that are replaced during the authorized repairs. Estimate good to 30 days. Not responsible fa damage caused by theft, fire, or acts of nahrre. I authorize the above repairs, along with any necessary materials. I authorize you and your employees to operate my vehicle for the purpose of testing, inspection, and delvery at my risk. An express mechan- ic's lien is hereby acknowledged on the above vehicle to secure the amount of the repairs thereto. III carrel repairs prior to their completion la any reason, a tear -dawn and reassembly tee of $ will be applied. SIGNED DATE Daily storage tee after repair work has been completed and customer has been notified. No charges shag accrue a be due and pay- able to a period of 3 waking days from date of notification. $ GUARANTEED ITEM(S) A 0 RETAIN PARTS ❑ DESTROY PARTS GUARA TIME ILEAGE TOTAL GAS,01 TOTAL LABOR dt; 1 U TOTAL PARTS ACCESSORIES, (J( COO 140 GAS, OIL, & GREASE OUTSIDE REPAIRS STORAGE FEE (if applles) TAX TOTAL AMOUNT J Exhibit "D" DEIMLER TRUCKING, INC. 300 Mulberry Drive Mechanicsburg, PA 17050 Phone: (717) 766-0341 Fax: (717) 766-1449 Billing Data Invoice Date: 9 -Nov -12 Name: SHADOW TRUCKING INC Qty Address: Each Address: Total JOB DATA Service Date: Qty Material/Parts Each Amount Total Tub of grease Unit Number: 9085 9085 9085 Supplies 9085 Begin Miles Environmental Charge 217308 217774 218139 53 mileage charge 0.12 Ending Miles $6.36 465 mileage charge 0.12 218593 $55.80 365 mileage charge 0.12 DENNIS $43.80 407 mileage charge 0.12 $48.84 47 milege charge 0.12 JOHN $5.64 0 mileage charge 0.12 AMOUNT $0.00 0 mileage charge 0.12 4 $0.00 m g c Hours Labor Total Mileage $160.44 Total Rental 1337 Total: Sub Total: $160.44 JOB DATA Service Date: 5 -Nov 6 -Nov 7 -Nov 8 -Nov 9 -Nov Unit Number: 9085 9085 9085 9085 9085 Begin Miles 217255 217308 217774 218139 218546 Ending Miles 217308 217773 218139 218546 218593 XXXXX DENNIS DENNIS DENNIS DENNIS JOHN JOHN JOHN JOHN JOHN DESCRIPTION OF WORK AMOUNT $0.00 Truck Rental Charge @ 75.00 per day 4 $300.00 m g c Hours Labor Total Mileage $160.44 Total Rental $300.00 Sub Total: Tax: TOTAL OF INVOICE:_ $460.44 DEIMLER TRU6K4P4S, INC 300 MULBERRY DRIVE MECHANICSBURG, PA 17050 Broker Name: Donald Miller Week of: 11/10/12 - 11/16/12 Week Number: IC Revenue: 3,849.32 IC Driver Andy Warner: 3,462.24 IC Driver Dennis Miller: 2,751.97 IC Driver Fleming: 4,016.58 Total Revenue: 14,080.11 IC SETTLEMENT Unit #: 8989 Unit #: 8519A EFT Credit Deduction Description - - Escrow - Balance $2,500.00 - 18.00 Weekly uniform charge $4.50 X 4 drivers - 268.87 Principle for Unit 8519A - 14.89 Interest for Unit 8519A - 3,965.14 Fuel from Deimler's yard - 713312 " EquipmentRRutal... - 216.67 #2 of 3 Labor for service date of 10/2 - 5,266.69 Net Balance: $ 5,266.69 CHECK AMOUNT: $ 8,813.42 DEIMLER TRUCKING, INC. 300 Mulberry Drive Mechanicsburg, PA 17050 Phone: (717) 766-0341 Fax: (717) 766-1449 Billing Data Invoice Date: 23 -Nov -12 Name: SHADOW TRUCKING INC Qty Address: Each Address: Total JOB DATA Service Date: Qty Material/Parts Each Amount Total 23 -Nov Tub of grease Unit Number: 9085 9085 9085 Supplies 9085 9085 9086 Begin Miles Environmental Charge 221812 222264 222696 443 mileage charge 0.12 $53.16 452 mileage charge 0.12 223571 $54.24 432 mileage charge 0.12 DENNIS $51.84 489 mileage charge 0.12 DON $58.68 386 mileage charge 0.12 JOHN $46.32 621 mileage charge 0.12 AMOUNT $74.52 550 mileage charge 0.12 7 $66.00 —! —! 3 CD g g. Hours Labor Total Mileage $404.76 Total Rental 3373 Total: Sub Total: $404.76 JOB DATA Service Date: 17 -Nov 19 -Nov 20 -Nov 21 -Nov 22 -Nov 23 -Nov 17 -Nov Unit Number: 9085 9085 9085 9085 9085 9085 9086 Begin Miles 221369 221812 222264 222696 223185 223571 389555 Ending Miles 221812 222264 222696 223185 223571 224192 390105 DENNIS DENNIS DENNIS DENNIS DENNIS DENNIS DON JOHN JOHN JOHN JOHN JOHN JOHN ANDY DESCRIPTION OF WORK AMOUNT $0.00 Truck Rental Charge @ 75.00 per day 7 $525.00 —! —! 3 CD g g. Hours Labor Total Mileage $404.76 Total Rental $525.00 Sub Total: Tax: TOTAL OF INVOICE: $929.76 DEIMLER TRUCKIN SINC 300 MULBERRY DRIVE MECHANICSBURG, PA 17050 Broker Name: Week of: Week Number: Donald Miller 11/17/12 - 11/23/12 IC Revenue: 3,037.42 IC Driver Andy Warner: 3,392.18 IC Driver Dennis Miller: 2,998.11 IC Driver Fleming : 3,634.65 Total Revenue: 13,062.36 IC SETTLEMENT Unit #: 8989 Unit #: 8519A EFT Credit Deduction Description - - Escrow - Balance $2,500.00 - 18.00 269.31 Weekly uniform charge $4.50 X 4 drivers Principle for Unit 851'9A - - 14.45 Interest for Unit 8519A - 3,27 03,F.uel from Deimler's yard - , - 70.00 Bobtail for 2 Units for 10/12 - 216.66 #3 of 3 Labor for service date of 10/2 - 4,893.05 Net Balance: $ 4,893.05 CHECK AMOUNT: $ 8,169.31 4°J DEIMLER TRUCKING, INC. 300 Mulberry Drive Mechanicsburg, PA 17050 Phone: (717) 766-0341 Fax: (717) 766-1449 Billing Data Invoice Date: 30 -Nov -12 Name: SHADOW TRUCKING INC Qty Address: Each Address: Total JOB DATA Service Date: Qty Material/Parts Each Amount Total Tub of grease Unit Number: 9085 9085 9085 Supplies 9085 Begin Miles Environmental Charge 224393 224619 224935 201 mileage charge 0.12 Ending Miles $24.12 225 mileage charge 0.12 225834 $27.00 316 mileage charge 0.12 XXXXX $37.92 437 mileage charge 0.12 $52.44 462 mileage charge 0.12 JOHN $55.44 0 mileage charge 0.12 AMOUNT $0.00 0 mileage charge 0.12 5 $0.00 Hours Labor Total Mileage $196.92 1641 Total: —I 3Tax: m SO. ' $196,92 JOB DATA Service Date: 24 -Nov 26 -Nov 27 -Nov 28 -Nov 29 -Nov Unit Number: 9085 9085 9085 9085 9085 Begin Miles 224192 224393 224619 224935 225372 Ending Miles 224393 224618 224935 225372 225834 DENNIS XXXXX DENNIS DENNIS DENNIS XXXXX JOHN JOHN JOHN JOHN DESCRIPTION OF WORK AMOUNT $0.00 Truck Rental Charge @ 75.00 per day 5 $375.00 Hours Labor Total Mileage $196.92 Total Rental $375.00 —I 3Tax: m SO. ' Sub Total: TOTAL OF INVOICE: $571.92 DEIMLER TRUCKIN ))INC 300 MULBERRY DRIVE MECHANICSBURG, PA 17050 Broker Name: Donald Miller Week of: 12/08/12 - 12/14/12 Week Number: IC Revenue: 4,173.64 IC Driver Andy Warner: , 3,247.19 IC Driver Dennis Miller: 1,087.21 IC Driver: Fleming: 3,085.81 Total -Revenue: 11,593.85 IC SETTLEMENT Unit #: 8989 Unit #: 8519A EFT Credit Deduction l Description - ;- Escrow - Balance $2,500.00 . . - 18.00 Weekly uniform charge $4.50 X 4 drivers - 270.63 Principle for Unit 8519A - 13' 13 Interest for Unit 8519A - 2;9511.12 Fuel from Deimler's yard - 512.28 1,8a4513Wayder Ameriquest SAP5076.01A 10/18/12 Equipment Rental* - - 250.00 #2 of 3 Parts on Claim - 175,00 #1 of 2 Labor on service date of 10/21 - 6,074.24 Net Balance: $ 6,074.24 CHECK AMOUNT: $ 5,519.61 t Invoice E.s.iecemtier 20, 2012 der 3122-043144 PENN TANK LINES INC ATTN: ACCOUNTS PAYABLE 3725 MAPLE STREET ALLENTOWN, PA 18104 Invoice number: 393724 Customer number: 03122-046144 Districtnumber NATIONAL RENTAL BENEFIT FROM THE EASE OF E -BILLS, GET YOUR BILL VIA FAX OR EMAIL.888-947-0010 3122 Page 1 of 2 Payrnent due 12 0 2 Remit ro : Ryder Transportation Services P.O. BOX 96723 Chicago,iL 60693 Phone: 800-815-2201 Please indicate the invoice number 393724 on your remittance Total $1,085,00 Summa f charges Vahicle?Agreement Rental 567030!00475654 Agreements Fixed Variable Fuel Other" Tax Totai 579/5 434.40 70.85 1,085,00 Agreements total 579.75 43440 70.8- 5 1,085.00 Total charges 579,75 434.40 70.85 $1,0 .00 • Other may Include accident charges, service and repairs. accessory charges, customer vehicle Wei, MisCeileneCuS charges, credits, interstate fuel tax and estimated fuei • Other may include accident charges, service and repairs, accessory charges, customer vehicle fuel, miscellaneous charge's, credits, interstate fuei tax and estimated fuel 00475984 Agreement number, rental s Reference Vehicle number: Vehicle description: Your P.O. number. Ordered by: Driver: Rental location: Date rented: Date returned: Days used: Period billed: 567030 T/A Diesel Conv, Tractor 013111660128969 Don Miller Donald E Mitser 1647 NEW OXFORD, PA. 11119/12, 15:05 12/14/12, 09:29 5 12/10/12-12114112 Final Fixed charges Coverage:Protection Emission Fee 5 ..................................................... Total fixed charge :'J/O Physical Damage Cov W/0 Liability Corr W/O Glass Damage Waiver Mileage charges Ending odometer 119005 Beginning odometer - 115385 Miles run 3620 Rate per mile x $ .1200 week C 549. 75 days C 6.00 549.75 30.00 5579.75 Total mileage charge $434.40 $434,40 Taxes 62/Day PA PTA Fee Tax, 6.0 % Total taxes 10.00 60.85 570.85 Total charge 1,085,00 Page 2 of 2 Thank you for doing business with Ryder! December 27, 2012 3122-046144 PENN TANK LINES INC ATTN: ACCOUNTS PAYABLE 3725 MAPLE STREET ALLENTOWN, PA 18104 Invoice number: 396244 Customer number: 03122-046144 District number: NATIONAL RENTAL BENEFIT FROM THE EASE OF E -BILLS, GET YOUR BILL VIA FAX OR EMAIL.888-947-0010 3122 Payment due 01106/13 Remit to : Ryder Transportation Services P.O. BOX 96723 Chicago,IL 60693 Phone: 800-815-2201 Please indicate the invoice number 396244 on your remittance Total $844.78 Summary of charges Rental Agreem_ is Vehicle/Afire • ment 470529/0' '09771 Agre slits total Total charges Fixed Variable Fuel Other" Tax Total 591/5 150.00 42.00 61.03 844.78 591.75 591.75 150.00 150,00 42.00 61.03 844.78 42.00 61.03 $844.78 * Other may include accident charges, service and repairs, accessory charges, customer vehicle fuel, miscellaneous charges, credits, interstate fuel tax and estimated fuel " Other may include accident charges, service and repairs, accessory charges, customer vehicle fuel, miscellaneous charges, credits, interstate fuel lax and estimated fuel 02009771 Agreement number, rental Page 2of2 Reference Vehicle number: Vehicle description: Driver: Rental location: Date rented: Days used: Period billed: 470529 T/A Diesel Gonv. Tractor Driver 0687 ALLENTOWN, PA. 12/14112, 09:30 7 12/14112-12/21/12 Partial #001 tied charges Coverage/Protection Emission Fee 1 week @ 549. 75 549.75 week @ 42.00 42.00 Total fixed charge W/O Physical Damage Cov W/O Liability Cov W/O Glass Damage Waiver $591.75 Mileage charges Ending odometer Beginning odometer 72564 - 71314 Miles run Rate per mile Total mileage charge 1250 x $ .1200 $150.00 $150.00 Additional charges Item Waste Disposal Fee Total additional charges Qty 7 EA Used Unit of measure Rate Amount 6.00 42.00 .-..,..._._$42.00 Taxes $2/Day PA PTA Fee Tax: 6.0 % 14.00 47.03 Total taxes $61.03 Total charge $844,78 Thank you for doing business with Ryder! January 3, 2013 3122-046144 PENN TANK LINES INC ATTN: ACCOUNTS PAYABLE 3725 MAPLE STREET ALLENTOWN, PA 18104 Invoice number: 398797 Customer number: 03122-046144 District number: NATIONAL RENTAL BENEFIT FROM THE EASE OF E -BILLS, GET YOUR BILL VIA FAX OR EMAIL,688-947-0010 3122 Payment due 01/13113 Remit to : Ryder Transportation Services P.O. BOX 95723 Chicago,IL 60693 Phone: 800-815-2201 Please indicate the invoice number 398797 on your remittance Total $832.06 Summary of charges Rental Agreem VehicletAg 470529/02009 ent Agreements total Fixed Variable Fuel Other' Tax Total 591.75 150.00 30.00 60.31 832,06 591.75 150.00 30.00 60.31 832.06 Total charges 591.75 150.00 30.00 60.31 $832.06 Other may include accident charges, service and repairs. accessory charges, customer vehicle fuel, miscellaneous charges, credits, interstate fuel tax and estimated fuel Other may include accident charges, service and repairs, accessory charges, customer vehicle fuel, miscellaneous charges, credits, interstate fuel tax and estimated fuel 02009771 Agreement number, renta Reference Fixed charges Vehicle number: 470529 week @ 549. 75 549,75 Vehicle description: T/A Diesel Conv. Tractor Coverage/Protection Driver: Driver Emission Fee Rental location: 0687 ALLENTOWN, PA. 1 week @ 42.00 42.00 Date rented: 12/14/12, 09:30 Days used: 7 Period billed: 12/21/12-12/28/12 Partial #002 Total fixed charge W/O Physical Damage Cov W/O Liability CovIN/0 Glass Damage Waiver $591.75 Mileage charges Ending odometer 73814 Beginning odometer - 72564 Miles run _.-- ..—.. 1250 Rate per mile x $ .1200 Total mileage $150.00 charge $150.00 Fuel char pes Date Ticket Location Odometer number (R -Ryder O -Outside) reading 12/20/12 2430412 R HARRISBURG, PA 072684 Total fuel charge ('includes applicable State excise tax) Fuel Quantity Cost per* type Tax 7.5 4.0000 DEF 1.80 7.5 4.0000 1.80 Fuel charge (Qty x Cost) • 30.00 $30.00 Taxes $2/Day PA PTA Fee Tax, 6.0% Tax Total taxes Total charge 14.00 44.51 1.80 $60.31 Thank you for doing business with Ryder! $632.06 Page 2 of 2 a Page 1 of 2 Invoice January 10, 2013 3122-046144 PENN TANK LINES INC ATTN: ACCOUNTS PAYABLE 3725 MAPLE. STREET ALLENTOWN, PA 18104 Invoice number: 401831 Customer number: 03122-046144 District number: NATIONAL RENTAL BENEFIT FROM THE EASE OF E -BILLS, GET YOUR BILL VIA FAX OR EMAIL.888-947-0010 3122 Payment due 01/20/13 Remit to Ryder Transportation Services P.O. BOX 96723 Chicago,IL 60693 Phone: 800-815-2201 Please indicate the invoice number 401831 on your remittance Total 5800.26 Summary of charges Rental Agreements Fixed Variable Fuel Other' Tax Total 591.75 150.00 58.51 800.26 Agreements total 591.75 58.51 800.26 Total charges 591.75 150.00 58.51 5800.26 Other may Include accident charges. service and repairs, accessory charges, customer vehicle fuel, miscellaneous charges, credits, interstate fuel tax and estimated fuel Other may Include accident charges, service and repairs, accessory charges, customer vehicle fuel, miscellaneous charges, credits, interstate fuel tax and estimated fuel 02009771 Agreement number, rental Rage 2 of 2 Reference Fixed charges Vehicle number: Vehicle description: Driver: Rental location: Date rented: Days used: Period billed: 470529 17A Diesel Cony. Tractor Driver 0687 ALLENTOWN, PA. 12/14/12, 09:30 7 12/28/12-01/04/13 Partial #003 Coverage/Protection Emission Fee Total fixed charge W/O Physical Damage Cov W/O Liability Cov W/O Glass Damage Waiver week @ 549. 75 549.75 week @ 42.00 42.00 $591.75 Mileage Mileage charges Ending odomater Beginning odometer 75064 - 73814 Miles run Rate per mile 1250 x $ .1200 Total mileage charge $150.00 $150.00 Taxes $21Day PA PTA Fee Tax, 6.0 14.00 44.51 Total taxes $58.51 Total charge $800.26 Thank you for doing business with Ryder! Invoice January 17, 2013 3122-046144 PENN TANK LINES INC ATTN: ACCOUNTS PAYABLE 3725 MAPLE STREET ALLENTOWN, PA 18104 Invoice number: 404721 Customer number: 03122-046144 District number: NATIONAL RENTAL BENEFIT FROM THE EASE OF E -BILLS, GET YOUR BILL VIA FAX OR EMAIL.888-947-0010 3122 Payment due 01/27/13 Remit to : Ryder Transportation Services P,O, 80X96723 Chicago,IL 60693 Phone: 600-015-2201 Please indicate the invoice number 404721 on your remittance Total $745.24 Summary of charges Vehicle/Agreement Rental 470529/02009771 Agreements Agreements total Fixed Variable Fuel Other* Tax Total 585.75 21.72 86.92 50.85 745.24 585.75 21,72 86.92 50.65 745.24 Total charges 585.75 21.72 86.92 50.85 $745.24 ` Othcr may include accident charges, service and repairs, accessory charges, customer vehicle fuel, miscellaneous charges, credits, interstate fuel tax and estimated fuel Other may include accident charges, service and repairs, accessory charges, customer vehicle fuel, miscellaneous charges, credits, interstate fuel tax and estimated fuel 02009771 Agreement number, ren a Reference Vehicle number: Vehicle description: Driver: Rental location: Date rented: Date returned: Days used: Period billed: 470529 T/A Diesel Conv. Tractor Driver 0687 ALLENTOWN, PA. 12/14/12, 09:30 01/10/13, 07:00 6 01/04/13-01/10/13 Final Coverage/Protection Emission Fee 6 weak 75 days e 6.00 549.75 36.00 Total fixed charge W/0 Physical Damage Cov W/0 Liability Cov W/0 Glass Damage Waiver $585.75 Mileage chargee Ending odometer BegInnipg odometer Mlles run Rate per mile 75245 - 75064 181 x $ .1200 Total mileage charge $21.72 Fuel charges Date Ticket Location Odometer number (R -Ryder 0 -Outside) reading Fuel Quantity Cost per type Tax $21.72 Fuel charge (Qty x Cost) 01/03/13 01/10/13 2420136 R HARRISBURG, PA 074438 2430609 R HARRISBURG, PA 075245 Total fuel charge (Includes applicable State excise tax) 10.0 4.0000 DEF 11 4.2655 DSL 21.0 4.1391 2,40 40.00 45.92 2.40 $86.92 Taxes $2/Day PA PTA Fee Tax, 6.0 % Tax Total taxes Total charge 12.00 36.45 2.40 $50.85 Thank you for doing business with Ryder! $745.24 Page 2 of 2 SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. By: Jon Michael Dumont Adam C. Lazarow Identification Nos.: 69083/205822 1818 Market Street Suite 2600 Philadelphia, Pennsylvania 19103 (215) 972-8015 DONALD MILLER d/b/a SHADOW TRUCKING, vs. NEW PRIME, INC., Plaintiff, Defendant. THE PROI HON° 2 l4 NOV 24 Plat 1: 1{ J CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CASE NO.: 14-6296 CIVIL TERM CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, New Prime, Inc., in the above - captioned matter. SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. By By: Dated: November 20, 2014 5111162 Adam C. Lazaro Attorneys for Defendant Our File No.: 086008.000125 4 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Entry of Appearance was served upon the below listed counsel via first class U.S. mail, postage pre -paid. Dated: November 20, 2014 5111162 Ronald R. Pellish, Esquire 809 W. Market Street Pottsville, PA 17901 SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. Jon Michael Dumont SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. By: Jon Michael Dumont Adam C. Lazarow Identification Nos.: 69083/205822 1818 Market Street Suite 2600 Philadelphia, Pennsylvania 19103 (215) 972-8015 DONALD MILLER d/b/a SHADOW TRUCKING, vs. NEW PRIME, INC., Plaintiff, Defendant. THE P O HOMO 2014 NOV 24 PH I: 40 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CASE NO.: 14-6296 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR RULE ON PLAINTIFF TO FILE A COMPLAINT TO THE PROTHONOTARY: In accordance with Rule 1037(a) of the Pennsylvania Rules of Civil Procedure, kindly enter a Rule upon Plaintiff to file a Complaint in connection with the above -captioned case within twenty (20) days after service of the Rule. SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. By: Dated: November 20, 2014 5111173 Jon Michael Dumont Adam C. Lazarow Attorneys for Defendant Our File No.: 086008.000125 DONALD MILLER d/b/a SHADOW IN THE COURT OF COMMON PLEAS TRUCKING, OF CUMBERLAND COUNTY, PA vs. NEW PRIME, INC., Plaintiff, Defendant. CASE NO.: 14-6296 CIVIL TERM CIVIL ACTION - LAW RULE TO FILE COMPLAINT AND NOW, this r} 7 - day of No v , 2014, a Rule is hereby granted upon Plaintiff to file a Complaint herein within twenty (20) days after service hereof or suffer the entry of a Judgment of Non Pros. 5111173 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Rule upon Plaintiff to File a Complaint was served upon the below listed counsel via first class U.S. mail, postage pre -paid. Ronald R. Pellish, Esquire 809 W. Market Street Pottsville, PA 17901 SEGAL McCAMBRIDGE SINGER & MAHONEY, LTD. Dated: November 20, 2014 5111173 Jon Michael Dumont 1 HONG lr l\Y r„!yDEC 22 PM 1:.10 CUMBERLAND COUNTY PENNSYLVANIA Jon Michael Dumont jdumont@smsm.com Attorney Identification No. 69083 Adam C. Lazarow alazarow@smsm.com Attorney Identification No. 205822 Segal McCambridge Singer & Mahoney, Ltd. 1818 Market Street, Suite 2600 Philadelphia, PA 19103 (215) 972-8015 Fax: (215) 972-8016 DONALD MILLER d/b/a SHADOW TRUCKING, vs. PRIME, INC., Plaintiff, Defendant. NOTICE TO PLEAD You are hereby noticed to plead to the enclosed New Matter within twenty (20) days or judgment may be entered against you. /s/ Jon JKicfiae(Dumont Jon Michael Dumont Adam C. Lazarow Attorneys for Defendant, New Prime, Inc. d/b/a Prime, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CASE NO.: 14-6296 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant, New Prime, Inc. d/b/a Prime, Inc., by and through its attorneys, Segal McCambridge Singer & Mahoney, Ltd., hereby answers Plaintiff's Complaint with New Matter, in accordance with the agreed upon Stipulation filed with the Court on December 17, 2014 as follows: 1 5139132 1. Denied . Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 1 of plaintiff s Complaint and, therefore, denies same, and demands strict proof thereof at trial. 2. Admitted in part; denied in part. Defendant admits only that Prime, Inc. is a corporation with a business address located at 2740 North Mayfair, P.O. Box 4208, Springfield, Missouri 65803. The remaining averments contained in paragraph 2 of the plaintiff's Complaint are conclusions of law to which no response is required, and therefore, said averments are denied. 3. Denied . Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 3 of the plaintiff's Complaint and, therefore, denies same, and demands strict proof thereof at trial. 4. Denied . Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 4 of the plaintiffs Complaint and, therefore, denies same, and demands strict proof thereof at trial. By way of further Answer, the remaining averments contained in paragraph 4 of the plaintiffs Complaint are conclusions of law to which no response is required, and accordingly, those averments are denied. 5. Denied . Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 5 of the plaintiff's Complaint and, therefore, denies same, and demands strict proof thereof at trial. 6. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 6 of the plaintiffs Complaint and, therefore, denies same, and demands strict proof thereof at trial. 2 5139132 7. Denied . Defendant is are without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 7 of the plaintiff's Complaint and, therefore, denies same, and demands strict proof thereof at trial. By way of further Answer, the remaining averments contained in paragraph 7 of the plaintiff s Complaint are conclusions of law to which no response is required, and accordingly, those averments are denied. 8. Denied . Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 8 of the plaintiff's Complaint and, therefore, denies same, and demands strict proof thereof at trial. By way of further Answer, the remaining averments contained in paragraph 8 of the plaintiff's Complaint are conclusions of law to which no response is required, and accordingly, those averments are denied. 9. Denied . Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 9 of the plaintiff's Complaint and, therefore, denies same, and demands strict proof thereof at trial. By way of further Answer, the remaining averments contained in paragraph 9 of the plaintiff's Complaint are conclusions of law to which no response is required, and accordingly, those averments are denied. COUNT I PLAINTIFF, vs. PRIME, INC. 10. Defendant incorporates by reference its answers to paragraphs 1 through 9 of plaintiff's Complaint as though fully set forth at length herein. 11. (a -h, j -I) Denied. Defendant denies any negligence or carelessness and demands strict proof thereof at trial. The remaining averments contained in paragraph 11 of plaintiff s Complaint are conclusions of law to which no response is required, and accordingly, those averments are denied. By way of further Answer, portions of paragraphs 11(i) and 11(1) of plaintiff's Complaint have been stricken by way of Stipulation. 3 5139132 12. Denied . Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 12 of the plaintiff's Complaint and, therefore, denies same, and demands strict proof thereof at trial. 13. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 13 of the plaintiff's Complaint and, therefore, denies same, and demands strict proof thereof at trial. 14. Denied . Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 14 of the plaintiff's Complaint and, therefore, denies same, and demands strict proof thereof at trial. 15. Denied . Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 15 of the plaintiff s Complaint and, therefore, denies same, and demands strict proof thereof at trial. WHEREFORE, defendant demands judgment in its favor and pray that plaintiff's Complaint be dismissed, together with costs and attorney's fees. COUNT II PLAINTIFF, vs. PRIME, INC. 16. Defendant incorporates by reference its answers to paragraphs 1 through 15 of plaintiff's Complaint as though fully set forth at length herein. 17. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 17 of the plaintiffs Complaint and, therefore, denies same, and demands strict proof thereof at trial. The remaining averments contained in paragraph 17 of the plaintiff's Complaint are conclusions of law to which no response is required, and accordingly, those averments are denied. 4 5139132 18. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 18 of the plaintiffs Complaint and, therefore, denies same, and demands strict proof thereof at trial. The remaining averments contained in paragraph 18 of the plaintiffs Complaint are conclusions of law to which no response is required, and accordingly, those averments are denied. 19. Denied. Defendant denies any negligence and demands strict proof thereof at trial. The remaining averments contained in paragraph 19 of plaintiffs Complaint are conclusions of law to which no response is required, and accordingly, those averments are denied. 20. (a j, 1) Denied. Defendant denies any negligence or carelessness and demands strict proof thereof at trial. The remaining averments contained in paragraph 20 of plaintiff's Complaint are conclusions of law to which no response is required, and accordingly, those averments are denied. By way of further Answer, paragraph 20(k) and portions of paragraph 20(e) of plaintiffs Complaint have been stricken by way of Stipulation. 21. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 21 of the plaintiff s Complaint and, therefore, denies same, and demands strict proof thereof at trial. WHEREFORE, Defendant demands judgment in their favor and pray that plaintiff's Complaint be dismissed, together with costs and attorney's fees. NEW MATTER 1. Defendant incorporates by reference its answers to paragraphs 1 through 21 of the plaintiff's Complaint as though fully set forth herein at length. 5 5139132 2. The alleged injuries of the plaintiff were the result of the plaintiff's own negligence which exceeded any negligence of defendant, all negligence of the defendant being expressly denied and therefore, pursuant to the Pennsylvania Comparative Negligence Act, the plaintiff's claims are barred. 3. All or portions of the, plaintiff's claims are barred by the provisions of the Pennsylvania Financial Responsibility Act and/or the Statutes of the Commonwealth of Pennsylvania and defendant incorporates all defenses available under said Act or Statutes as though more fully set forth at length herein. 4. Defendant believes and therefore avers that if the plaintiff sustained the injuries and damages as alleged in the plaintiff's Complaint, said injuries and/or damages were not the result of any act or failure to act on the part of the defendant, all such allegations being expressly denied by defendant, and plaintiff's action is therefore barred. 5. Plaintiff had knowledge of and assumed the risks incident to the operation of the motor vehicle plaintiff was in and actions at all times material thereto. Any and all injuries and damages sustained by plaintiff as a result were caused by and arose out of said risks. 6. Any and all claims of the plaintiff for products, services and accommodations for (a) professional medical treatment and care; (b) emergency health services; (c) medical and vocational rehabilitation services; (d) working losses, past, present or future; and (e) any and all other economic losses are not recoverable from defendant under the provisions of the Motor Vehicle Insurance Law, Pennsylvania Financial Responsibility Act and/or the Statutes of the Commonwealth of Pennsylvania. 7. Plaintiffs claims are barred in whole or in part by the applicable statute of limitations. 6 5139132 8. Pursuant to Pa. R.C.P. 1030, defendant herein specifically pleads the affirmative defenses of assumption of the risk, contributory negligence, payment release, res judicata, statute of limitations and immunity from suit. 9. Plaintiffs claims may be barred or limited by the application of the Pennsylvania Motor Vehicle Financial Responsibility Law and its abolition of the collateral source rule and provision for payments of first party benefits. 10. The injuries complained of by plaintiff pre-existed and/or are unrelated to the accident that is the subject matter of plaintiffs Complaint. 11. Plaintiff's alleged injuries were the result of intervening, superseding acts of negligence of a person or persons outside the control of defendant. 12. Plaintiff failed to mitigate his damages. 13. Plaintiff's alleged damages and injuries, if any, were proximately caused, in whole or in part, by the actions of third parties for whom defendant had no legal responsibility. 14. Plaintiffs claims and/or recovery may be barred or restricted by the Pennsylvania Tort Claims Act. 15. Defendant did not breach a duty owed to plaintiff. 16. The accident described in plaintiff's Complaint, if it occurred, was caused by individuals and/or entities over which defendant had no control at any time material hereto. 17. No conduct or omissions on the part of defendant caused or contributed to plaintiff's alleged injuries and/or damages, if any. 18. Plaintiff's Complaint fails to state a claim against defendant upon which relief may be granted. 7 5139132 19. Plaintiff's alleged damages and injuries, if any, were the result of an unavoidable accident or sudden emergency. WHEREFORE, defendant, New Prime, Inc. d/b/a Prime, Inc., demands judgment in its favor and prays that plaintiff's Complaint be dismissed, together with costs and attorney's fees. Respectfully submitted, SegalgcCambridge Singer & Mahoney, Ltd. By: Date: December 18, 2014 8 5139132 on Michael Dumont Adam C. Lazarow Counsel for Defendant, New Prime, Inc. d/b/a Prime, Inc. CERTIFICATE OF SERVICE I, Adam C. Lazarow, counsel for defendant, New Prime d/b/a Prime, Inc., do hereby certify that a copy of the foregoing Answer with New Matter and has been served upon all parties listed below via United States First Class Mail postage pre -paid. Ronald R. Pellish, Esquire 809 W. Market Street Pottsville, PA 17901 Attorney for Plaintiff Segal McCambridge Singer & Mahoney, Ltd. By: Dated: December 18, 2014 9 5139132 Adam C. Lazarow' VERIFICATION I, ERIC NAU, an authorized representative of New Prime, Inc. d/b/a Prime, Inc., hereby verify that the factual averments and/or denials made in the foregoing Answer to the plaintiff s Complaint with New Matter are true and correct to the best of my knowledge and/or information and belief. I make these statements subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: December i 147/1, 2014 5139132 ERIC NAU 10 DONALD MILLER d/b/a SHADOW IN THE COURT OF COMMON PLEAS TRUCKING, vs. NEW PRIME, INC., Plaintiff, Defendant. OF CUMBERLAND COUNTY, PA CASE NO.: 14-6296 CIVIL TERM CIVIL ACTION - LAW STIPULATION TC ND Y Il`II 1 S COMPLAINT TO THE PROTHONOTARY: It is HEREBY AGREED, between the parties that Plaintiff's Complaint shall b. amended as follows: 1) Allegations of Defendams operating their vehicle in a "reckless" mann.:r in Plaintiffs Complaint and specifically in paragrap1i. 11.(i) and 20(e) .shall hereinafter be .stricken from. Plaintiff's Complaint, with prejudice; 2) Allegations of Defendants operating their vehicle in "willful or wontcui disregard" in Plaintiff's Complaint and specifically in paragraph 20(k) shall hereinafter be stricken !Tom Plaintiff's Complaint, with prOitidice; and 3) Paragraph 11(1) of Plaintiff's Complaint, which alleges unspecified violations of various ordinances and statutes as it presently includes language "including but not limited to..." shall hereinafter read as follows "Operating his motor vehicle in violation of 75 Pa.C.S.A. §3361of the Motor Vehicle Code of the Commonwealth of Pennsylvania- driving vehicle at safe speed." 5136175 • By: Date: IT IS SO STIPULATED: PELLISH & PELLISII • p • • -7.1. Ronald R. Pellish Counsel for Plaintiff y'Roreld 4P -t 3on ichaeaumcnt, act By: Date: SEGAJL SINGER & MAHONEY; LTD, ael71---114 • . Adam C. Lazarow Counsel for Defendants, Prime Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DONALD MILLER d/b/a SHADOW TRUCKING, Plaintiff vs. : Case No. 14-6296 PRIME INC., : CIVIL ACTION - LAW Defendant REPLY TO NEW MATTER The Plaintiff, Donald Miller, doing business as Shadow Trucking, by and through his counsel, Ronald R. Pellish, Esquire, of Pellish & Pellish, hereby replies to the New Matter asserted by the Defendant as follows: 1. No response required. 2. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 2 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 2 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 3. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 3 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 3 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 4. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 4 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 4 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 5. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 5 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 5 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 6. Paragraph 6 of the New Matter sets forth legal averments requiring no responsive pleading and have no relevance to this case whatsoever. 7. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 7 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 7 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 8. Paragraph 8 sets forth a legal averment requiring no responsive pleading. 9. Paragraph 9 sets forth a legal averment requiring no responsive pleading. 10. Denied. There are no personal injuries suffered in this case. 11. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 11 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 11 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 12. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 12 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 12 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 13. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 13 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 13 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 14. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 14 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 14 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 15. Denied. On the contrary, the Complaint of the Plaintiff sets forth, in detail, the breach of duty owed to the Plaintiff by the Defendant. 16. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 16 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 16 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. 17. Denied. On the contrary, the Complaint of the Plaintiff sets forth, in detail, the breach of duty owed to the Plaintiff by the Defendant. 18. Denied. On the contrary, the Complaint of the Plaintiff sets forth, in detail, the breach of duty owed to the Plaintiff by the Defendant. 19. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments in Paragraph 19 of the New Matter and, therefore, denies same, and demands strict proof thereof at trial. By way of further answer, the remaining averments contained in Paragraph 19 of the New Matter are conclusions of law to which no response is required, and accordingly, those averments are denied. PELLISH & PELLISH BY: RONALD R. PELLISH, ESQUIRE Attorney for Plaintiff 809 West Market Street Pottsville, PA 17901 Telephone (570) 622-2338 I.D. No. 23802 VERIFICATION The undersigned, having read the attached Reply to New Matter, hereby verifies that the attached pleading is based on information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language is that of counsel and not of the undersigned. The undersigned verifies that I have read the attached and that it is true and correct to the best of my information and belief. To the extent that the contents are that of counsel, the undersigned has relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: i''n-r" DONALD MILLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION DONALD MILLER d/b/a SHADOW TRUCKING, Plaintiff vs. : Case No. 14-6296 PRIME INC., : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I, Ronald R. Pellish, Esquire, hereby certify that a true and correct copy of the Reply to New Matter, was served upon counsel for the Defendant, Adam C. Lazarow, Esquire, Segal McCambridge Singer & Mahoney, 1818 Market St., Ste. 2600, Philadelphia, PA 19103, on the 7th day of January , 2015 , by United States first-class mail, postage pre -paid. PELLISH & PELLISH BY: RRON LD R. PELLISH, ESQUIRE Attorney for Plaintiff 809 West Market Street Pottsville, PA 17901 Telephone (570) 622-2338 I.D. No. 23802