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Home My WebLink About14-6461 Supreme Coart-:0f ennsvI anis WWR 20570411 C Y Jer HOH CrJu f Common Pleas w 1r li t FnrPmlkonmlarl°Use Oi j': CUMBERLAND;. . ,+ Docket r Counts lti�o: The information collected on this form is used solely for court administration purposes. This form does not supplement or•replace the filing and seri-ice ofpleadings or other papers as required bY low or rules of court. Commencement of Action: S 13 Complaint ❑ Writ of Summons ❑ Petition ECl Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T UNITED FINANCIAL INSURANCE COMPANY GLENO S FOXWORTH 1 .1 0 Are money damages requested? ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits (check one) ❑ outside arbitration limits Is this a Class Action Suit? ❑ Yes 13 No Is this an MDJ Appeal? ❑ Yes 63 No A . Name of Plaintiff/Appellant's Attorney: Benjamin W. Lawrence, 209032 ❑ 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 ❑ Intentional ❑ Buyer Protection Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation S ❑ Premises Liability ❑ Statutory Appeal:Other E ❑ Product Liability(does not include ❑ Employment Dispute Mass tort) Discrimination C 13,1Slander/LibellDefamation ❑ Employment Dispute:Other ❑ Zoning Board T Er Other: ❑ Other: a ❑ Other: N MASS TORT ❑ Asbestos B ❑ Tobacco REAL PROPERTY MISCELLANEOUS ❑ Toxic Tort-DES ❑ Ejectment ❑ Conunon Law/Statutory Arbitration ❑ Toxic Tort—Implant ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Toxic Waste ❑ Ground Rent ❑ Mandamus ❑ Other: ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Retraining Order ❑ Mortgage Foreclosure:Commercial ❑ Quo Waranto ❑ Partition ❑ Replevin PROFESSIONAL LIABILITY ❑ Quiet Title ❑ Other: ❑ Dental ❑ Other: ❑ Legal ❑ Medical ❑ Other Professional: Updated 1/1/2011 Ct - 11L F` t`1O f N0 kA y " yt.WSHIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I UNITED FINANCIAL INSURANCE COMPANY jut Plaintiff No: ) �� coqUI VS . COMPLAINT IN CIVIL ACTION GLENO S FOXWORTH WESTERN EXPRESS, INC. Defendants FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin W. Lawrence, 209032 WELTMAN, WEINBERG & REIS CO. , L. P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 20570411 C Y Jer HOH D-S C � aT I! ��90 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNITED FINANCIAL INSURANCE COMPANY Plaintiff VS . Civil Action No GLENO S FOXWORTH WESTERN EXPRESS, INC. Defendants COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the. claims set forth against you. You are warned that if you fail to do so the case may 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN,WEINBERG &REIS CO.,L.P.A. BY: Benjamin W. Lawrence, Esquire Attorney for Plaintiff(s) Pa. Identification No. 209032 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File#20570411 } UNITED FINANCIAL } INSURANCE COMPANY } Court of Common Pleas } Cumberland County } } vs. } } GLENO S. FOXWORTH } NO. and WESTERN EXPRESS, INC. } CIVIL-ACTION-'COMPLAINT 1. Plaintiff, hereinafter"Progressive", is a business organization licensed and authorized to conduct business in the State of Ohio with a place of business located at 5920 Landerbrook Drive, Mayfield Heights, Ohio 44124. 2. Defendant, Western Express, Inc. ("WEI"), is a business organization licensed and authorized to conduct business in the State of Tennessee and having as one of its places of business 7135 Centennial Place, Nashville, Tennessee 37209. 3. Defendant, Gleno S. Foxworth, is an adult individual who at all times pertinent hereto resided at 5108 Whitby Avenue, Philadelphia, Pennsylvania 19143. 4. Progressive issued a policy of motor vehicle insurance whereby Progressive agreed to insure the motor vehicle involved in this incident ("Insured Vehicle"), owned by Plaintiffs insured. 5. On or about November 26, 2013 Defendant, Foxworth, was the operator of a motor vehicle owned by Defendant, WEI, which vehicle did negligently, recklessly and/or carelessly collide with the Plaintiff Insured's vehicle at or near US 11 South west bound at mile marker 2.8, Hampden, Pennsylvania. COUNT I PROGRESSIVE v. GLENO S. FOXWORTH 6. Plaintiff hereby incorporates all preceding and forthcoming averments as if fully set forth at length herein. 7. The negligence and/or carelessness of the Defendant consisted of the following: a. Failing to have his motor vehicle under such control as the situation warranted; b. Operating his motor vehicle in complete disregard of the point and position of Plaintiff's vehicle; c. Failing to keep a proper lookout; d. Traveling too fast for conditions; e. Disregarding traffic control devices; f. Failing to abide by the Rules of the Road and the Motor Vehicle Code of Pennsylvania; g. Being otherwise negligent under the circumstances; and, h. Being negligent as a matter of law as may be relevant through discovery and/or at the time of trial. 8. As a direct and proximate result of Defendant's negligence, the Progressive Insured's vehicle sustained property damage and/or incurred rental charges in the total amount of $3,356.78. See attached as Exhibit 1" a copy of the damage documentation which documents Plaintiff further intends to introduce at the arbitration in this matter. 9. Pursuant to the insurance policy issued by Progressive and as a result of the aforesaid payment, Progressive became subrogated to the claim of its Insured against Defendant. WHEREFORE, Plaintiff demands Judgment against Defendants, joint and severally, in the amount of$3,356.78 plus interest and costs. COUNT II PROGRESSIVE v. WEI 10. Plaintiff hereby incorporates all preceding and forthcoming averments as if fully set forth at length herein. 11. At all times pertinent hereto, Defendant, Foxworth, was acting as the agent, servant, workman and/or employee of Defendant, WEI, in the course and scope of his employment and/or with the express and/or implied permission of Defendant, WEI. 12. Defendant, WEI, is liable for the acts and/or omissions of Defendant, Foxworth. 13. As a direct and proximate result of Defendant's negligence, the Progressive Insured's vehicle sustained property damage and/or incurred rental charges in the total amount of $3,356.78. , See attached as Exhibit "1" a copy of the damage documentation which documents Plaintiff further intends to introduce at the arbitration in this matter. 14. Pursuant to the insurance policy issued by Progressive and as a result of the aforesaid payment, Progressive became subrogated to the claim of its Insured against Defendant. i. ' I WHEREFORE, Plaintiff demands Judgment against Defendants, joint and severally, in the amount of$3,356.78 plus interest and costs. WELTMAN, EINBERG & REIS, CO., L.P.A. Benjamin W. Lawrence, Esquire PA I.D. #209032 325 Chestnut Street Suite 501 Philadelphia, PA 19106 (215) 599-1500 WWR#09227935 (&h) &f - PASSPORT&b&D, &T May 02, 2014, 09 :20 : 58 CMSD2340 /CMSM2340 P A C M A N MAY 02 14 - 9:20 OPID: A090277 CLAIM PAYMENT INQUIRY TERMID: ?02C INSD: RAYMOND, JOHN POL: 01997349 -0 DOL : NOV 26 13 OH-PCACSE-GRP- CLM: 132153986 ACTIVE REP: J FIORETTI PAY TO THE ORDER OF: TOTAL DRAFT AMOUNT: 2, 356 .78 LINE 1 : JOHN RAYMOND AND****************************************** LINE 2 • ES EQP FINANCE TRUST (ONLY) ********************************** LINE 3 : ADDRESS: 3414 S . SANTEE AVE CITY: TUCSON ST/PR* AZ ZIP/CPC: 85730 CNTRY* USA IN PAYMENT OF: COLL-08 INTL/LESS 1000 DED / VIN 657108 1099 ? N FEDERAL TAX ID: LAST UPDT REP: JXH0175 CDS CODE * 17 PCL EFT TRACE # : ISSUING REP: J HABBLETT BANK CODE* AS2 ISSUE DATE DEC 13 13 APPROVED BY: STATE * AZ AREA * 241 REVIEW DATE: 00 00 STOP RSN * DRAFT # 480495226 REVIEWED BY: COMMAND: Date: 12/12/2013 03:28 PM Estimate ID: 13.2153986-01 Estimate Version: 0 Committed Profile ID: *Arizona-PCA PregressIv e (480)797-5967 Fax: (866)505-3352 Damage Assessed By: Jeff Habbiett Claim Rep: Jeff Habblett (480)797-5967 'Product Type Tractor "Date of Loss: 11/26/2013 Contact Date: 12/11/2013 *Deductible: 1,000.00 'Claim Number. 13-2153986-01 Insured: JOHN RAYMOND Owner: JOHN RAYMOND Address: 3414 S.SANTEE AVE,TUCSON.AZ 85730 Telephone: Home Phone: (520)336-2204 Contact Phone: (520)336-2204 Mitchell Service: 911071 Description: 2008 International ProStar Vehicle Production Date: 1/08 Type/Component Truck Drive Train: VIN: 2HSCUAPR58C657108 License: AE19933 AZ Mileage: 516,907 OEM/ALT: O Search Code: PCAAZ Color: WHITE Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units Front Bumper 1 102103 REF REFINISH R Frt Bumper Cover C 1.9 2 102110 BDY REPAIR Frt Bumper Assembly Existing 1.0* Front Door 3 100447 REF REFINISH L Frt Mirror Cover C 0-2* 4 .4 DEDUCT FOR OVERLAP 5 100449 BDY REMOVE/INSTALL L Frt Door Mirror 1.0 6 100149 BDY REPAIR L Frt Door Mirror Cover Existing 0.5• 7 100141 BDY REMOVEIREPLACE R Frt Bracket Cover N.A. 71.47 ' 0.1 8 100143 BDY REMOVE/REPLACE R Frt Door Minor Brkt N.A. 172.61 1.1 Air DeflectorlExtenders/Fairing 9 100214 REF REFINISH R Cab Extender Complete C 2.2* 10 .4 DEDUCT FOR OVERLAP 11 101404 REF REFINISH L Cab Extender Complete C 2.2* 12 .4 DEDUCT FOR OVERLAP 13 100918 BDY REMOVEIREPLACE R Cab Extender N.A. 336.40 * 1.1 14 100919 BDY REMOVE/REPLACE L Cab Extender N.A. 305.82 * 1.1 15 101144 REF REFINISH LRear Fairing 26* 16 .4 DEDUCT FOR OVERLAP 17 100702 BDY REMOVEIREPLACE LRear Fairing UsedfRecycled 500.00 * 1.1 18 AMERICAN TRUCK SALVAGE 602-268-2288 19 DOES NOT INCLUDE MOLDING MANUAL ENTRIES 20 900500 BDY * REMOVEIREPLACE L REAR FAIRING EXTENSION New INC` INC* 21 900500 BDY" REMOVEIREPLACE L REAR FAIRING MOLDING New 18&63 * INC* 22 900500 BDY* REMOVE/REPLACE SHOP MATERIALS New 16.80 " 0.0* Additional Costs$Materials 23 ADD'L COST Paint/Materials 318.50 ` ESTIMATE RECALL NUMBER: 12/12/2013 15:22:25 13-2153986-01 Mitchell Data Version: OEM: NOV-13_V Copyright(C)1994-2013 Mitchell international Page 1 of 3 Software Version: 7.0.487 All Rights Reserved Date: 12/12(2013 03:28 PM Estimate ID: 13-2153986-01 Estimate Version: 0 Committed Profile ID: "Arizona-PCA *-Judgment Item C-Included in Clear Coat Calc E-Saft0filt1l TOISI$ Add'I Labor Sublet 1. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 7.0 80.00 0.00 0.00 560.00 T Taxable Parts 1,591.73 Refinish 9.1 80.00 0.00 0.00 728.00 T Sales Tax 8.300% 132.11 Taxable Labor 1,288.00 Total Replacement Parts Amount 1,723.84 Labor Summary 16.1 1,288.00 Ill. Additional Costs Amount IV. Adjustments Amount Taxable Costs 318.50 Insurance Deductible 1,000.00- Sales Tax @ 8.300% 28.44 Total Additional Costs 344.94 Customer Responsibility 1,000.00- Paint Material Method:Rates Init Rate=35.00 f. Total Labor: 1,288.00 It. Total Replacement Parts: 1,723.84 III. Total Additional Costs: 344.94 Gross Total: 3,356.78 IV. Total Adjustments: 1,000.00- Net Total: 2,356.78 Points)of Impact 9 Left Side(P),3 Right Side(S) Aft Location: PROGRESSIVE Inspection Site: 12112 photo adjust/phx Address: 3100 W Ray Rd Chandler,AZ 85226 Inspection Date: 12111/2013 ESTIMATE RECALL NUMBER: 12/12/2013 15:22:25 13-2153986-01 Mitchell Data Version: OEM: NOV-13_V Copyright(C)1994-2013 Mitchell International Page 2 of 3 Software Version: 7.0.487 All Rights Reserved Date: 12/12/2013 03:28 PM Estimate ID: 13-2153986-01 Estimate Version: 0 Committed Profile ID: 'Arizona-PCA THIS IS A DAMAGE ASSESSMENT ONLY--NOT AN AUTHORIZATION TO REPAIR; NOT A CONFIRMATION OF COVERAGE/LIABILITY. THE OWNER OF THE VEHICLE MAY SELECT THE REPAIR FACILITY OF HIS/HER CHOICE. SUPPLEMENTS, IF ANY, MUST HAVE REINSPECTION AND PRIOR APPROVAL TO BE HONORED. REPAIR SHOP MANAGER'S SIGNATURE: REPAIR SHOP MANAGER'S SIGNATURE INDICATING AGREEMENT ON COST OF REPAIRS, TOWING/STORAGE CHARGES, AND TO COMPLETE ALL LISTED REPAIRS: Our Promise The replacement parts written on the estimate are intended to return the property to its pre-loss condition with proper installation. After repair, if any sheet metal or plastic body part included in this estimate is defective or otherwise fails to meet industry standards for form, fit, finish, durability, functionality or safety, Progressive will arrange and pay for the replacement of the part, including associated repair costs and rental during these repairs, to the extent not covered by another warranty. This commitment applies as long as you own or lease the vehicle. If you have a problem with a replacement part, call Progressive at 1-800-274-4641. KEYS TO PART ABBREVIATIONS OEM = A new, Original Equipment Manufacturer Part A/M = A new, After-Market part; also known as a new, Non-OEM part LKQ = A used/recycled OEM part that is of Like Kind & Quality as the original Recond / Recore = A used OEM part that has been reconditioned or remanufactured. Event Log File Created: 12/11/2013 05:02:03 PM Estimate Started: 12111 Q011 3 05:08:31 PM Estimate Printed: Estimate not printed Estimate Committed: 12/12/2013 03:22:25 PM Estimate Uploaded: 12/12/2013 03:28.47 PM ESTIMATE RECALL NUMBER: 12/12/2013 15:22:25 13-2153986-01 Mitchell Data Version: OEM: NOV-13_V Copyright(C)1994-2013 Mitchell International Page 3 of 3 Software Version: 7.0.487 All Rights Reserved VERIFICATION I, Benjamin W. Lawrence, Esquire, attorney for the Plaintiff(s) do hereby swear and affirm that the averments in the attached Complaint are true and correct to the best of my knowledge, information and/or belief. These averments are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Benja in W. Lawrence Date �13 - z • WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin W. Lawrence, Esquire I.D. No. 209032 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 File # 20570411 Attorney for Plaintiff(s) UNITED FINANCIALCASUALTY COMPANY' vs. GLENO S FOXVVORTH WESTERN EXPRESS, INC. CUMBERLAND County Court of Common Pleas No.: 14-6461 CIVIL CERTIFICATE OF SERVICE TO THE PROTHONOTARY: On November 15, 2014 Plaintiff served its Complaint in Civil Action upon Defendant, Western Express, Inc. at 7135 Centennial Place, Nashville, TN 37209 by certified mail, return receipt requested and first class, United States mail, postage -prepaid. WELTMAN, WEINBERG & REISCO., L.P.A. By Benjamin W. Lawrence, Esquire Attorney for Plaintiff 't, Walz, CertifiedPro .NET WALZ Communication right, when you need It. Kharvilla (J.oa out ) Home Overview User Info Help Links Contact Us QUICK TRACKING Enter the Article Number: • r•Subriit;J I',naa+rt•smut, Create Transection Create Multiple Transactions Traclong Recipient: WESTERN EXPRESS, INC. 7135 CENTENNIAL PLACE NASHVILLE, TN 37209 Transaction created by: Kharvilla User ID: 11316 Finn Mailing Book ID: None Transaction History: Process Returns Returns Look Up Cell%ft edPro. Net Last Login: 11/17/2014 Transaction Information Tracking #: Service Options: Mail Service: Reference a: Postage: Fees: Status: 9314869904300007978580 Return Receipt - Electronic Electronic Confirmation Certified 20570411 0.48 4.65 Delivered Event Description Event Date Detail USPS® Download - 11-11-2014 [WALZ] - PRE -SHIPMENT INFO SENT TO USPS at TEMECULA,CA USPS® Download 11-12-2014 [WALZ] - PROCESSED THROUGH USPS SORT FACILITY at PHILADELPHIA,PA USPS® Download 11-12-2014 [WALZ] - DEPART USPS SORT FACILITY at PHILADELPHIA,PA USPS® Download 11-14-2014 [WALZ] - PROCESSED THROUGH USPS SORT FACILITY at NASHVILLE,TN USPS® Download 11-14-2014 [WALZ] - DEPART USPS SORT FACILITY at NASHVILLE,TN USPS® Download 11-15-2014 [WALZ] - PROCESSED THROUGH USPS SORT FACILITY at NASHVILLE,TN USPS® Download 11-15-2014 [WALZ] - DELIVERED at NASHVILLE,TN View/Download Email Description Return Receipt - Electronic Image File is estimated to be available by: 11/ 18/2014 Page 1 of 1 Mall Center Settings Addrosa Son https://www.certifiedpro.net/w1/SearchResultDetail.aspx?id=4110458 11/17/2014 Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 E-mail: seduldig@pionlaw.com PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C. Payne Shoemaker Building 240 North Third Street 10'" Floor Harrisburg, Pennsylvania 17101 Ph: 717-761-3030 Fax: 717-737-5553 • THE f RO HONO A;i: . Mil PM !: 50 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendants: Gleno S. Foxworth and Western Express, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNITED FINANCIAL INSURANCE COMPANY, Plaintiff vs. GLENO S. FOXWORTH, WESTERN EXPRESS, INC., Defendants No. 14-6461 Civil JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephen E. Geduldig, Esquire, and Pion, Nerone, Girman, Winslow & Smith, P.C., as attorneys for Defendants, Gleno S. Foxworth and Western Express, Inc., in the above -captioned matter, reserving our right to answer or otherwise plead to Plaintiff's Complaint. 3 Date: December , 2014 Respectfully submitted, PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C. STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 CERTIFICATE OF SERVICE I, Stephen E. Geduldig, Esquire, of the law firm of Pion, Nerone, Girman, Winslow & Smith, P.C., counsel for the Defendants, Gleno S. Foxworth and Western Express, Inc., hereby state that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon all counsel of record via United States First Class mailing, postage prepaid, from Harrisburg, Pennsylvania, on this date as follows: Benjamin W. Lawrence, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Ste 501 Philadelphia PA 19106 Attorneys for Plaintiff Date: December " ✓ , 2014 PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C. STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 a. Stephen E. Geduldig, Esquire Attorney I.D. No. 43530 E-mail: geduldig@pionlaw.com PION, NERONE, GIRMAN, WINSLOW Payne Shoemaker Building 240 North Third Street 10th Floor Harrisburg, Pennsylvania 17101 Ph: 717-761-3030 Fax: 717-737-5553 THE PROTHONC.UA.„ ZDRR DEC 29 PH 1:51 &SMITH,P9.M3ERLAND COUNTY PENNSYLVANIA Attorneys for Defendants: Gleno S. Foxworth and Western Express, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNITED FINANCIAL INSURANCE COMPANY, Plaintiff vs. GLENO S. FOXWORTH, WESTERN EXPRESS, INC., Defendants No. 14-6461 Civil JURY TRIAL DEMANDED DEFENDANTS, GLENO S. FOXWORTH AND WESTERN EXPRESS, INC.'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, come Defendants, Gleno S. Foxworth and Western Express, Inc., by and through their counsel, Stephen E. Geduldig, Esquire of Pion, Nerone, Girman, Winslow & Smith, P.C., and hereby file this Answer and New Matter to Plaintiff's Complaint, averring as follows: 1. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 2. Admitted. 3. Admitted in part, Denied in part. It is admitted that the address for Defendant, Foxworth, pertinent to the time of the alleged incident is accurate as stated. To the extent that paragraph 3 of Plaintiff s Complaint purports to aver additional facts, same are denied pursuant to Pa.R.C.P. 1029(e). 4. Denied asa legal conclusion and pursuant to Pa.R.C.P. 1029(e). 5. Denied asa legal conclusion and pursuant to Pa.R.C.P. 1029(e). COUNT I PROGRESSIVE v. GLENO S. FOXWORTH 6. No response is required as this is a paragraph incorporation. 7.a -h. Deniedas legal conclusions and pursuant to Pa.R.C.P. 1029(e). 8. Denied as a legal conclusion and pursuant to Pa.R.C.P. 1029(e). 9. Denied as a legal conclusion and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants, Gleno S. Foxworth and Western Express; Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. COUNT II PROGRESSIVE v. WEI 10. No response is required as this is a paragraph incorporation. 11. It is admitted only that on the date of the alleged incident, Defendant, Foxworth, was a driver for Defendant, Western Express, Inc. To the extent that paragraph 11 of Plaintiff s Complaint purports to aver additional facts, same are denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 12. Denied as a legal conclusion and pursuant to Pa.R.C.P. 1029(e). 13. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). 14. Denied as legal conclusions and pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Defendants, Gleno S. Foxworth and Western Express, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. NEW MATTER 15. Paragraphs 1 through 14 of Plaintiff's Complaint are incorporated herein by reference. 2 16. It is denied that either Defendant was reckless and that Plaintiff's Complaint avers a sound factual basis for any allegations of recklessness. 17. No act or omission on the part of Answering Defendants caused or contributed to Plaintiff's alleged injuries and harm. 18. Some or all of Plaintiff's alleged injuries and harm pre-existed the alleged incident and/or were caused by acts or omissions of third persons over whom the Defendants had no control or right of control. 19. Plaintiff's claim is barred by the fraud of its insured in claiming damages unrelated to the alleged incident. 20. Plaintiff's claims may be barred or limited by collateral estoppel, release or statute of limitations. WHEREFORE, Defendants, Gleno S. Foxworth and Western Express, Inc., respectfully request that Plaintiffs' Complaint be dismissed in its entirety and judgment entered in their favor. Respectfully submitted, PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C. Date: December 2014 STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530 3 VERIFICATION I, Stephen E. Geduldig, Esquire, of the law offices of Pion, Nerone, Girman, Winslow & Smith, P.C., hereby verify that I am the attorney of record in this matter for Defendants, Gleno S. Foxworth and Western Express, Inc. and that as such I am authorized to make this Verification in order to comply with the pertinent rules of civil procedure and that the information set forth in the attached documents are true and correct to the best of my knowledge, information and belief. Verification on behalf of the Defendants was not able to be obtained prior to the date of filing of the foregoing document, and upon receipt of same I shall cause to be filed a Praecipe to Substitute Verification. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: December GA's , 2014 PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C. Stephen E. Geduldig, Esquire CERTIFICATE OF SERVICE I, Stephen E. Geduldig, Esquire, of the law firm of Pion, Nerone, Girman, Winslow & Smith, P.C., counsel for the Defendants, Gleno S. Foxworth and Western Express, Inc., hereby state that a true and correct copy of the foregoing Answer was served upon all counsel of record via United States First Class mailing, postage prepaid, from Harrisburg, Pennsylvania, on this date as follows: Benjamin W. Lawrence, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 325 Chestnut Street Ste 501 Philadelphia PA 19106 Attorneys for Plaintiff Date: December �%' , 2014 PION, NERONE, GIRMAN, WINSLOW & SMITH, P.C. STEPHEN E. GEDULDIG, ESQUIRE Attorney I.D. No. 43530