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Home My WebLink About05-2450Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants NO. 05-2450 CIVIL ACTION - LAW PRAECIPE Please append the attached Verification to the Answer that has been filed of record. GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiffs Date: August 9, 2005 hereby acknowledge that 7 am 3n authorized representative of Air Ground express, Inc,, that I have read the foregoing document and that the 6Lvts stated thercin are true anal correct to the best of my knf.Me*, information and belief. I understand that any Wse statements herein are made subjcct to penalties of 18 Pa. C.S. Section 4904, relating to unswO= falsifics.ticm to authorities' Ar.R GROUND E PMS, INC. By: Date. 123047.1 0!e-d 100i100'd dt!-i -Woad NYOV51 500E-50-111P CERTIFICATE OF SERIaCE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, serving by method indicated, as follows: Karl Hildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 System Logistics, 886 Dorwin Road Hudson, WI 54016 GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Date: August 9, 2005 ? ?? 0 0 r_, ? ? ?, ? ? ms a "i) f l {': o ??i? ?i. - v ? ? v Y' GJ T , ': O 2 V7 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants NO. 0t - ay50 Civil CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS Please issue a Writ of Summons for service upon each of the following defendants: System Logistics, Inc. PO Box 310 Dallas, TX 75065 Eli Weaver 645 Three Square Hollow Road Newburg, PA 17340 GOLDBERG KATZMAN, P.C. 13 comas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiffs Date: May 12, 2005 t U ?. on (jo 'r1 -C -2 Q?o -Li ,ro ?n r,? ?C1 c. J" c1' AIR GROUND EXPRESS, INC. and NATIONAL. CITY LEASING, Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. X45_6 CIVIL ACTION - LAW WRIT OF SUMMONS TO: Eli Weaver 645 Three Square Hollow Road Newburg, PA 17340 YOU ARE NOTIF IF.D THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINSTYOU. Prothonotary By: 4 -f - Deputy no C i ro C> c?? -st -a i . f'1 ?u _ i (- .? i?1 1i .J U? .. AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. pS ' ays"v CIVIL ACTION - LAW WRIT OF SUMMONS TO: System Loostics, Inc. PO Box 310 Dallas, TX 75065 YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTON AGAINST YOU. Prothonotary By: ? f % . Deputy CJ no c:., C7 r- ?..> -n c rs _. i - -„ _ :?i - _,,;.T; N ). p V ?'? ?.. c., SHERIFF'S RETURN - REGULAR w CASE NO: 2005-02450 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AIR GROUND EXPRESS INC ET AL VS SYSTEM LOGISTICS INC ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon the WEAVER ELI DEFENDANT , at 1755:00 HOURS, on the 20th day of May , 2005 at 645 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 NAOMI WEAVER. WIFE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18 .00 Service 14 .80 Affidavit .00 Surcharge 10 .00 .00 42 .80 Sworn and Subscribed to before me this J;/ Z?l day of , /JD A. D. ( /Prothonotary So Answers: R. Thomas Kline 05/23/2005 GOLDBERG KATZMAN By: Deputy Sheriff AIR GROUND EXPRESS, INC, and NATIONAL CITY LEASING Plaintiffs V. SYSTEM LOGISTICS, INC and ELI WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2450 CIVIL ACTION LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of above Defendant Eli Weaver in the above matter. Date: 6 ' -?- o Respectfully submitted, NESTICO, DRUBY & HILDABRAND, L.L.P. r By: arl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendant CERTIFICATE I, Karl OF SER VICE R• Hildabrand of the law firm of L.L.P., hereby certify that on the Nestico, Druby & Hildabrand, foregoing document day Of June, 2005 was sent , a COpY of the via following; First Class U.S. Mail, postage paid, to the Thomas E. Benner, Esquire Goldberg, Katzman 320 ar et Street & Shipman, P.C. Mk P.O. Box 1268 Harrisburg, pA 17108-1268 arl R. Hildabrand N r v+ OO lif 14 T : ? Zj% 'S7 , 1 O pC. 3 PIZ, ? w yy O AIR GROUND EXPRESS, INC, and NATIONAL CITY LEASING Plaintiffs V. SYSTEM LOGISTICS, INC and ELI WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-2450 CIVIL ACTION - AT LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon the Plaintiffs to file a Complaint within twenty (20) days of service or suffer judgment of non pros. Respectfully submitted, pp NESTICO, DRUBY & HILDABRAND, L.L.P. Date: h ' U By: Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendant Weaver RULE TO FILE COMPLAINT TO: Thomas E. Benner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Streeet P.O. Box 1268 Harrisburg, PA 17108-1268 You are hereby directed to file a Complaint in the above matter within twenty (20) days of service orjudgment of non pros will be entered against you. Date: S By: Prothonotary CERTIFICATE OFSERVICE AND NOW, this day of June 2005, I, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, LLP, hereby certify that I served a true and exact copy of the foregoing document upon the following persons and in the following manner: By First Class Mail, Postau Pre-paid: Thomas E. Benner, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Streeet P.O. Box 1268 Harrisburg, PA 17108-1268 NESTICO, DRUBY & HILDABRAND, L.L.P. By: ? ? z Kar . Hildabrand -51 IA C A `' t*? ? Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 05-2450 CIVIL ACTION - LAW PRAECIPE Please re-issue a Writ of Summons for service upon of the following defendant: System Logistics 886 Dorwin Road Hudson, WI 54016 GOLDBERG KATZMAN, P.C. By: r Owl-? Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiffs Date: June 13, 2005 CERTIFICATE OF SERVICE I hereby certify that on this day a true and correct copy of the foregoing document was served upon the following by depositing same into the United States Mail, first class mail, postage pre-paid to: Karl Hildebrand, Esquire 830 Chocolate Avenue Hershey, PA 17033 GOLDBERG KATZMAN, P.C. BY: Thomas E. Brenner, Esquire Date: June 13, 2005 G n r. ? -n .a c.. c -? c.;. iii _ .? cn ? r?? a `, ?? _. 'rn i. ? v r:. t.,? .. ?rc `? _ :i7 -< G"i Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants NO. 05-2450 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 personalty 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 TI-IIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFI CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier cluja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. ST NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGARTAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants NO. 05-2450 CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff Air Ground Express, Inc. and National City Leasing, by and through their attorneys, Goldberg Katzman, P.C., who states: 1. Plaintiff, Air Ground Express, Inc. is a business entity with an address of PO Box 438, Clinton, Allegheny County, Pennsylvania :15026, which owned the trailer involved in the accident. 2. Plaintiff National City Leasing, is the owner of the tractor involved in the accident that was being leased to Plaintiff Air Ground Express and is located at 101 South Fifth Street, Louisville, Kentucky 40202. 3. Defendant, System Logistic, Inc., is a business entity located at 4362 Hillcrest, Oneida, Wisconsin 54016. 4. Defendant, Eli Weaver is an adult individual residing at 645 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania 17240. 4. The events hereinafter described arise from damages sustained to Air Ground Express' tractor trailer as a result of an accident involving a cow on or about May 16, 2003. 5. At the time the accident took place, Plaintiff Air Ground was traveling eastbound in the left lane on the Pennsylvania Turnpike in Newville, Cumberland County, PA. 6. Plaintiff Air Ground struck a cow, owned by Defendant Eli Weaver, that had wandered onto the Turnpike. 7. Defendant System Logistic was traveling eastbound in the left lane on the PA Turnpike in Newville, Cumberland County, PA behind the Air Ground truck. 8. As Plaintiff Air Ground slowed in the left lane, Defendant System Logistic struck the Plaintiffs in the rear of the tractor trailer. COUNTI Plaintiffs Air Ground Express, Inc. and National City Leasing v. Defendant System Logistics, Inc. 9. The averments of paragraphs 1 through 8 are incorporated herein by reference. 10. Defendant System Logistics, Inc., through their driver, was reckless, careless and negligent in: a. failing to maintain a safe driving distance behind Plaintiff, b. failing to slow down to avoid hitting the Plaintiff; C. driving at an excessive speed; and d. failing to be able to stop within the assured clear distance ahead. 11. As a direct result of Defendant System Logistics, Inc, negligence, recklessness or carelessness, Plaintiffs sustained damages to the rear of the tractor trailer in the amount $8,070.00. WHEREFORE, Plaintiffs Air Ground Express, Inc. and National City Leasing demand judgment against Defendant System Logistics, Inc. in the amount of $8,070.00, together with interest and cost of suit. COUNT II Plaintiffs Air Ground Express, Inc. and National City Leasing v. Defendant Eli Weaver 12. The averments of paragraphs 1 though 11 are incorporated herein by reference. 13. Defendant Eli Weaver was reckless, careless and negligent in: a. failing to properly secure the cow on his property; b. allowing the cow to wander away from the pasture and onto the PA Turnpike; and c. failing to notice that the cow had wandered outside the pasture.. 14. As a direct result of Defendant Eli Weaver's System Logistics, Inc.'s recklessness, carelessness, and negligence Plaintiffs sustained damages to the front of the tractor in the amount $14,164.52, along with a rental expense of $2,885.34. WHEREFORE, Plaintiffs Air Ground Express, Inc. and National City Leasing demands judgment against Defendant Eli Weaver in the amount of $17,049.86, together with interest and cost of suit. GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire Attorney ID #32085 Carly J. Wismer, Esquire Attorney ID # 92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: July 8, 2005 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for the Plaintiffs and that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Thomas E. Brenner, Esquire Date: July 8, 2005 103407.1 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, serving by method indicated, as follows: Karl Hildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Ilia fax and first class mail System Logistics, 886 Dorwin Road Hudson, WI 54016 Via certified mail GOLDBERG KATZMAN, P.C. By: r Thomas E. Brenner, Esquire Date: July 8, 2005 ? N cr C_.. r? ? ? f_ SIT " " ,? ( J Y R. ti 7 ?7 )T yi N CY"+ AIR GROUND EXPRESS, INC and NATIONAL CITY LEASING, Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2450 CIVIL ACTION - LAW NOTICE TO PLEAD TO: Air Ground Express Inc and National City Leasing c/o Thomas E. Brenner, Esquire Goldberg & Katzman, PC P.O. Box 1268 Harrisburg, PA 17108-1268 System Logistics, Inc. 4362 Hillcrest Oneida, WI 54016 You are hereby notified to plead to the enclosed Answer, New Matter and Crossclaim within twenty (20) days from service hereof or a default of judgment may be entered against you. Respectfully submitted, NE CO, DRUBY & HILDABRAND, LLP - Kar . Hildabrarid, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (FAX) Date: 44Y)1? Attorney for Defendant Eli Weaver AIR GROUND EXPRESS, INC and NATIONAL CITY LEASING, Plaintiffs V. SYSTEM LOGISTICS, INC, and ELI WEAVER Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2450 CIVIL ACTION - LAW ANSWER, NEW MATTER, AND CROSSCLAIM OF DEFENDANT ELI WEAVER 1. Admitted in part and denied in part. It is admitted that the Plaintiff is Air Ground Express, Inc. Defendant Weaver is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in paragraph 1 and the averments are therefore denied. 2. Admitted in part and denied in part. It is admitted that Plaintiff is National City Leasing. Defendant Weaver is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in paragraph 2 and the averments are therefore denied. 3. Admitted in part and denied in part. It is admitted that Defendant is System Logistics Inc. Defendant Weaver is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in paragraph 3. 4. Admitted. Second 4. Denied as stated. It is specifically denied that the incident in question which occurred on or about May 16, 2003 occurred as described in Plaintiff's Complaint. 5. Admitted 6. Admitted in part and denied in part. It is admitted that Plaintiff Air Ground struck a cow owned by Defendant Eli Weaver. Defendant Weaver is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in paragraph 6 and the averments are therefore denied. Admitted. 8. Admitted in part and denied in part. It is admitted that Defendant Systems Logistics collided with the rear of the Air Ground Express vehicle. Defendant Weaver is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in paragraph 8 and the averments are therefore denied. 9-11. No answer required as these averments are directed to another party. 12. The averments of paragraphs 1 through 11 hereof are incorporated and herein by reference. 13. Denied. The averments of paragraph 13 and subparagraphs (a) through (c) are specifically denied and proof thereof is demanded at trial. 14. Denied. The averments of paragraph 14 are specifically denied and proof thereof is demanded at trial. NEW MATTER 15. Plaintiffs' claim is barred, in whole or in part, by the negligence of its driver, Yevheny Lutsiv in the following particulars: a. He operated his vehicle in excess of the posted speed limit; b. He operated his vehicle at a speed too fast for conditions; C. He was driving his vehicle in the left-hand lane when Pennsylvania law requires that he operate his vehicle in the right-hand lane; d. He failed to stop his vehicle within the assured clear distance ahead; e. He failed to remain attentive to conditions existing on or about the roadway; f. He failed to take appropriate evasive action; g. He failed to exercise that degree of care, caution and skill reasonably required under all of the circumstances. 16. Plaintiffs' claims are barred, in whole and in part, by the Pennsylvania Comparative Negligence Law. 17. Defendant Weaver at all rimes exercised reasonable care for the penning of animals on his property. 18. The cow in question was released and/or escaped from Plaintiffs premises through no fault of Defendant Weaver. NEW MATTER IN THE FORM OF A CROSSCLAIM PURSUANT TO PA.R.C.P. 2252(d) 19. Defendant Weaver herein joins Defendant System Logistics, Inc pursuant to Pa.R.C.P. 2252(d) and asserts that said Defendant is alone liable to the Plaintiff, is liable over to the joining party, or is jointly or severely liable to the Plaintiff, for the reasons alleged in Plaintiff's Complaint, with any liability on the part of Defendant Weaver being specifically denied. Respectfully submitted, q Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 p (717) 533-5717 Date: Attorney for Defendant Weaver NEST RUBY &?IILDABRAND, LLP Kar . Hildabrand Es uire I, Eli H. Weaver, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date. f l W ? - Eli H. Weaver CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, LL.P., hereby 7 certify that on the day of 2005, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to th following: Thomas E. Brenner, Esquire System Logistics, Inc. Goldberg & Katzman, P.C. 4362 Hillcrest P.O. Box 1268 Oneida, WI 54016 Harrisburg, PA 17108-1268 ZEE-rand ?.., _? ?:.? ?„-? -- ? °,t?> -„ -<<- -,,?; G) ?._? _._ °:7 ?., _< Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 05-2450 CIVIL ACTION - LAW PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT ELI WEAVER AND NOW, comes Plaintiff Air Ground Express, Inc. and National City Leasing, by and through their attorneys, Goldberg Katzman, P.C., who respond as follows: 15. Denied. The paragraph sets forth a series of legal conclusions to which no response is necessary. It is specifically denied that the driver of Plaintiffs vehicle was negligence. 16. Denied. The paragraph states a legal conclusion to which no response is necessary. 17. Denied. The paragraph is denied pursuant to Pa.R.C.P. 1029(e). 18. Denied. The paragraph is denied pursuant to Pa.R.C.P. 1029(e). In further response, the paragraph states a legal conclusion to which no response is necessary. 19. This averment is directed to another party and no response is required by the Plaintiffs. WHEREFORE, Plaintiffs Air Ground Express, Inc. and National City Leasing request the New Matter of Defendant Eli Weaver be dismissed, with prejudice. GOLDBERG KATZMAN, P.C. By:_ `T'homas E. Brenner, Esquire Attorney ID #32085 Carly J. Wismer, Esquire Attorney ID # 92598 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs Date: August 8, 2005 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for the plaintiffs; that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Thomas E. Brenner, Esquire Date: August 8, 2005 103407.1 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, serving by method indicated, as follows: Karl Hildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 System Logistics, 886 Dorwin Road Hudson, WI 54016 GOLDBERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Date: August 8, 2005 I c N 0 ° u ?rri a C ? yam'°•, u F Thomas E. Brenner, Fsquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants NO. 05-2450 CIVIL ACTION; - LAW PRAECIPE Please reinstate the Complaint in this matter. Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiffs Date: August 22, 2005 C2 a "? c""` L''` +- _Ti r s C? ?- y t r . '`' W 1?7r, - i`-i i ?' _ LJ : '?y Cr ?`?-G ...,_ G'+ Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiffs AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Plaintiffs V. SYSTEM LOGISTICS, INC., and ELI WEAVER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 05-2450 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE Attached hereto as Exhibit "A" is the certified mail receipt reflecting service of the Complaint which was served upon Defendant Systems Logistics on September 27, 2005. GOLDBERG KATZMAN, P.C Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: October 3, 2005 ¦ Complete hems 1, 2, and 3. Also complete harry 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to. you. ¦ Attach this card to the back of the mallpiece, or on the from If space permits. 1. Artble Addressed to: System Logistics c/o Corporation Service Co 701 Browns Street, Suite 1050 Austiu,yk'Cig% 78701 A. X 13 Agent 8. ReceFed by (74arlad Name) CO Qyily" MIS delWary addresa dMerwtftm ahemQYp17 OYssPOP; If YES, enter delivery address below: ? No 3. Service Type ® Certified Mall 0 Express Mall 0 Registered ? Retum Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fes) ? we 2. Amble Number 7004 0750 0002 3296 4180 (flanshr /rom sendce lebeg PS Form 3811, February 2oo4 Dornestlo Ratum ROOD" 1025115-024A.1540 EXHIBIT "A" CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code serving by method indicated, as follows: Karl Hildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 GOLDBERG KATZMAN, P.C. Y Thomas E. Brenner, Esquire Date: October 3, 2005 -Y'Jl 'i ?Z Ga `-A 't L NO. 05-2493 CIVIL ACTION - LAW STIPULATION FOR CONSOLIDATION OF ACTIONS 1. Both of the above captioned actions arise out of a motor vehicle accident which AIR GROUND EXPRESS, INC, and NATIONAL CITY LEASING Plaintiffs V. SYSTEM LOGISTICS, INC and ELI WEAVER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2450 CIVIL ACTION LAW TECH LOGISTICS CORPORATION, : IN THE COURT OF COMMON PLEAS DBA, SYSTEMS LOGISTICS, CUMBERLAND COUNTY, PA Plaintiff V. ELI WEAVER, Defendant V. AIR GROUND EXPRESS, INC., and NATIONAL CITY LEASING Additional Defendants occurred on May 16, 2003 in the eastbound lanes of the Pennsylvania Turnpike in Hopewell Township, Cumberland County, Pennsylvania. 2. The claims and counterclaims asserted in both actions concern the alleged negligence of the various parties to these cases. 3. There are common questions of law and fact in both cases. 4. All parties to the action are agreeable to consolidate the cases for purposes of discovery and trial. 5. Pursuant to Pa.R.P.C. 213 the parties hereby request the Court approve this Stipulation and consolidate these cases. B By Thomas E. Brenner, Esquire Goldberg Katzman 320 Market Street Strawberry Square PO Box 1268 Harrisburg, PA 17108-1268 Attorney for Air Ground Express, Inc. and National City Leasing as Plaintiff ,2, (a L1 /o-7 By y *arl. HEsquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Attorney for Eli Weaver as Defendant Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Air Ground Express, Inc. and National City Leasing as Addl. Defendant Melanie M. Irwin, Esquire Willman and Arnold LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Attorney for Systems Logistics, Inc. and Tech Logistics Corp. d/b/a Systems Logistics, Inc. as Plaintiffs 5. Pursuant to Pa.R.P.C. 213 the parties hereby request the Court approve this Stipulation and consolidate these cases. By By By Thomas E. Brenner, Esquire Goldberg Katzman 320 Market Street Strawberry Square PO Box 1268 Harrisburg, PA 17108-1268 Attorney for Air Ground Express, Inc. and National City Leasing as Plaintiff By Karl. R. Hildabrand, Esquire Nestico, Druby & Hildabrand, LLP 840 E. Chocolate Avenue Hershey, PA 17033 Attorney for Eli Weaver as Defendant Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Air Ground Express, Inc. and National City Leasing as Addl. Defendant Melanie M. Irwin, Esquire Willman and Arnold LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Attorney for Systems Logistics, Inc. and Tech Logistics Corp. d/b/a Systems Logistics, Inc. as Plaintiffs 5. Pursuant to Pa.R.P.C. 213 the parties hereby request the Court approve this Stipulation and consolidate these cases. By By Thomas E. Brenner, Esquire Goldberg Katzman 320 Market Street Strawberry Square PO Box 1268 Harrisburg, PA 17108-1268 Attorney for Air Ground Express, Inc. and National City Leasing as Plaintiff By Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorney for Air Ground Express, Inc. and National City Leasing as Addl. Defendant B Karl. R. Hildabrand, Esquire Me anie M. Irwin, Esquire Nestico, Druby & Hildabrand, LLP Willman and Arnold LLP 840 E. Chocolate Avenue 705 McKnight Park Drive Hershey, PA 17033 Pittsburgh, PA 15237 Attorney for Eli Weaver as Defendant Attorney for Systems Logistics, Inc. and Tech Logistics Corp. d/b/a Systems Logistics, Inc. as Plaintiffs e:':? ? C.? `TT _ ._..a ?-`F ? Ti ` `'. ?? r?`i. y f" { r : t "4'1 -- » ?_ ' ; ; .." - =-1 t =-? Ck7 `? • ? r? , 15?1' ) AUG 102007, oil AIR GROUND EXPRESS, INC, and NATIONAL CITY LEASING Plaintiffs V. SYSTEM LOGISTICS, INC and ELI WEAVER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2450 ? CIVIL ACTION LAW TECH LOGISTICS CORPORATION, DBA, SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant V. AIR GROUND EXPRESS, INC., and NATIONAL CITY LEASING Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2493 CIVIL ACTION - LAW ORDER AND NOW, this) 3 day of August, 2007, upon consideration of the Stipulation for Consolidation of Actions filed in the above matter, it is hereby Ordered and directed that the above two cases are consolidated for purposes of discovery and trial under the following docket number: No. 05-2450. BY J. S 1 .8 WV L I nV LGOZ .Is cc: Karl R. Hildabrand, Esquire Thomas E. Brenner, Esquire J Matthew L. Owens, Esquire'`' Melanie M. Irwin Esquire ?„ • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Plaintiffs, vs. CIVIL DIVISION NO. 05-2450 MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL SYSTEMS LOGISTICS, INC. and ELI WEAVER, Filed on behalf of Defendant: TECH LOGISTICS CORPORATION, dba, SYSTEMS LOGISTICS. INC. Defendants. Counsel of Record for this Parry: R. Kenneth Willman, Esquire PA I.D. #22058 Melanie M. Irwin, Esquire PA I.D. #91688 Fax: 412-366-3462 WILLMAN & ARNOLD LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Phone: 412-366-3333 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING Plaintiffs, CIVIL DIVISION NO. 05-2450 VS. SYSTEMS LOGISTICS, INC. and ELI WEAVER, Defendants. MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL FOR TECH LOGISTICS CORPORATION. dba, SYSTEMS LOGISTICS, INC. AND NOW comes Attorneys, R. Kenneth Willman, Esquire and Melanie M. Irwin, Esquire of Willman & Arnold, LLP, and files the following Motion for Leave of Court to Withdraw as Counsel for Tech Logistics Corporation, dba, Systems Logistics, Inc. and avers the following: 1. Willman & Arnold was retained on May 11, 2005 by the Law Offices of John C. Kiehlmeier, general counsel for Tech Logistics Corporation, dba, Systems Logistics, Inc. (hereinafter Tech Logistics), to represent Tech Logistics in a case involving a motor vehicle accident which occurred on May 16, 2003 on the Pennsylvania Turnpike. 2. A praecipe for writ of summons was filed on May 13, 2005, followed by a complaint on July 11, 2005. A first amended complaint was filed on August 19, 2005, withdrawing the strict liability claim. 3. Separate complaints involving the same accident were filed by other parties in this action at approximately the same time. On August 16, 2007 all complaints were consolidated under Cumberland County docket number 05-2450. 4. When Willman & Arnold was retained, Mr. Keihlmeier advised that he wanted to play an "active role" in the representation of Tech Logistics in these matters and he intended to "perform as much work as possible on this case, to minimize duplication of efforts." 5. Mr. Kiehlmeier is Willman & Arnold's sole contact for Tech Logistics, as such we have had no contact with anyone else from the company throughout the course of this litigation. 6. Over the course of this representation, I have attempted to correspond with Mr. Kiehlmeier via telephone, email and/or direct correspondence in the form of written letters. He has been very slow to respond or has failed to respond at all, as such, important issues such as the location of a key witness are still unknown. 7. In addition to this communication problem, this client has failed to pay bills and several checks that they have sent have been returned due to insufficient funds. 8. It has become increasingly difficult to represent this client's best interests due to this lack of communication and we are petitioning this court to allow us to withdraw as counsel in this matter. 9. A letter has been sent certified mail to Mr. Kiehlmeier informing him of our intent to withdraw as counsel and informing him of the filing of this motion. He has been advised of upcoming deadlines in this matter and has been told that we will continue to represent Tech Logistics' interests until this motion is ruled upon by the Court. WHEREFORE Attorneys, R. Kenneth Willman, Esquire and Melanie M. Irwin, Esquire of Willman & Arnold, LLP respectfully request that this Honorable Court enter an order granting their Motion for Leave of Court to Withdraw as Counsel in this matter. Respectfully submitted, Willman & Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 412-366-3333 BY Melanie M. Irwin, Esquire Counsel for Defendant, Tech Logistics Corporation, dba, Systems Logistics, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING Plaintiffs, VS. SYSTEMS LOGISTICS, INC. and ELI WEAVER, Defendants. CIVIL DIVISION NO. 05-2450 MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND CONTINUE THE CASE TO A LATER TRIAL TERM AND NOW comes Attorney, Melanie M. Irwin, Esquire of Willman & Arnold, LLP, on behalf of Tech Logistics Corporation, dba, Systems Logistics, Inc., and files the following Motion for Extension of Time to Complete Discovery and Continue the Case to a Later Trial Term: 1. A status conference was held in this case on October 1, 2007. At this time all counsel met with Your Honor to determine discovery deadlines and a potential trial term for this case. 2. All counsel agreed to a discovery deadline of January 2, 2008 and a listing of this case on the February 2008 trial term. 3. Due to scheduling conflicts and additional extenuating circumstances, the necessary depositions have not yet taken place, therefore, I would like to request a 90 day extension of the discovery deadline, after which time the parties, in compliance with the local rules, will list this case for trial. 4. I have spoken with Attorneys, Karl Hildabrand and Thomas Brenner, who have agreed to the 90 day extension, and Attorney, Matthew Owens, who is also in agreement with an extension of time, but would prefer 60 days. No party objects to this extension of time 5. This extension is in no way meant to prejudice any of parties involved. This request is not meant for the purposes of delay, but only to ensure the proper and efficient administration of justice. T . `-c WHEREFORE, Tech Logistics Corporation, dba, Systems Logistics, Inc. respectfully requests that this Honorable Court enter an order granting their Motion for Extension of Time of the Discovery Deadlines and Motion to Continue this Case to a Later Trial Term. Respectfully submitted, Willman & Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 412-366-3333 BY Melanie M. Irwin, Esquire Counsel for Defendant, Tech Logistics Corporation, dba, Systems Logistics, Inc. ,? CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons listed below, via Federal Express, which satisfies the service requirements of the Pennsylvania Code: Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 Karl Hildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 WELLMAN & ARNOLD l? By: Melanie M. Irwin, Esquire Date: ? a 13 ? o-9- c? .? . ??. ? ? e.- s = .+ .?, ? ?.. r'Cf ?^? ? ?= ?'' ? .? :?. -? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING Plaintiffs, vs. SYSTEMS LOGISTICS, INC. and ELI WEAVER, CIVIL DIVISION NO. 05-2450 Defendants. PRAECIPE TO WITHDRAW MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL FOR TECH LOGISTICS CORPORATION, dba. SYSTEMS LOGISTICS, INC. AND NOW comes Attorneys, R. Kenneth Willman, Esquire and Melanie M. Irwin, Esquire of Willman & Arnold, LLP, and files the following Praecipe to Withdraw its Motion for Leave of Court to Withdraw as Counsel for Tech Logistics Corporation, dba, Systems Logistics, Inc. and avers the following: 1. A Motion for Leave of Court to Withdraw as Counsel for Tech Logistics Corporation, dba, Systems Logistics, Inc. was filed with this Honorable Court on December 7, 2007. 2. After speaking with John Kiehlmeier, general counsel of Tech Logistics, we have reached a resolution and intend to remain as counsel for this client, therefore, we wish to withdraw the Motion ft Leave of Court to Withdraw as Counsel for Tech Logistics Corporation, dba, Systems Logistics, Inc. Respectfully submitted, Willman & Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 412-366-3333 BY Melanie M. Irwin, Esquire Counsel for Defendant, Tech Logistics Corporation, dba, Systems Logistics, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, CIVIL DIVISION NO. 05-2450 VS. Plaintiffs, SYSTEMS LOGISTICS, INC. and ELI WEAVER, Defendants. PRAECIPE TO WITHDRAW MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL Filed on behalf of Defendant: TECH LOGISTICS CORPORATION, dba, SYSTEMS LOGISTICS, INC. Counsel of Record for this Parry: R. Kenneth Willman, Esquire PA I.D. #22058 Melanie M. Irwin, Esquire PA I.D. #91688 WILLMAN & ARNOLD LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Phone: 412-366-3333 Fax: 412-366-3462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING Plaintiffs, CIVIL DIVISION NO. 05-2450 VS. SYSTEMS LOGISTICS, INC. and ELI WEAVER, Defendants. PRAECIPE TO WITHDRAW MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL FOR TECH LOGISTICS CORPORATION dba SYSTEMS LOGISTICS, INC. AND NOW comes Attorneys, R. Kenneth Willman, Esquire and Melanie M. Irwin, Esquire of Willman & Arnold, LLP, and files the following Praecipe to Withdraw its Motion for Leave of Court to Withdraw as Counsel for Tech Logistics Corporation, dba, Systems Logistics, Inc. and avers the following: 1. A Motion for Leave of Court to Withdraw as Counsel for Tech Logistics Corporation, dba, Systems Logistics, Inc. was filed with this Honorable Court on December 7, 2007. 2. After speaking with John Kiehlmeier, general counsel of Tech Logistics, we have reached a resolution and intend to remain as counsel for this client, therefore, we wish to withdraw the Motion for Leave of Court to Withdraw as Counsel for Tech Logistics Corporation, dba, Systems Logistics, Inc. Respectfully submitted, Willman & Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 412-366-3333 BY Melanie M. Irwin, Esquire Counsel for Defendant, Tech Logistics Corporation, dba, Systems Logistics, Inc. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons listed below, via Federal Express delivery, which satisfies the service requirements of the Pennsylvania Code: John C. Kiehlmeier, Esquire Law Offices of John C. Kiehlmeier 2082 Business Center Drive Suite 205 Irvine, California 92612 Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 Karl Hildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 WILLMAN & ARNOLD By: Mel nie M. Irwin, Esquir Date: ?0 ra F9 9"n may: ? rc tv -a i CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons listed below, via Federal Express, which satisfies the service requirements of the Pennsylvania Code: Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 Karl Hildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 WILLMAN & ARNOLD By: Mel nie M. Irwin, Esquir Date: i ?( - 1 1 c? ??4 ?' . 4 ? 7 s.• rr; co C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Plaintiffs, VS. SYSTEMS LOGISTICS, INC. and ELI WEAVER, Defendants. CIVIL DIVISION NO. 05-2450 Counsel of Record for this Party: AMENDMENT TO MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND CONTINUE THE CASE TO A LATER TRIAL TERM R. Kenneth Willman, Esquire PA I.D. #22058 Filed on behalf of Defendant: TECH LOGISTICS CORPORATION, dba, SYSTEMS LOGISTICS, INC. Melanie M. Irwin, Esquire PA I.D. #91688 WILLMAN & ARNOLD LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Phone: 412-366-3333 Fax: 412-366-3462 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING CIVIL DIVISION NO. 05-2450 Plaintiffs, VS. SYSTEMS LOGISTICS, INC. and ELI WEAVER, Defendants. AMENDMENT TO MOTION FOR EXTENSION OF TBAE TO COMPLETE DISCOVERY AND CONTINUE THE CASE TO A LATER TRIAL TERM AND NOW comes Attorney, Melanie M. Irwin, Esquire of Willman & Arnold, LLP, on behalf of Tech Logistics Corporation, dba, Systems Logistics, Inc., and files the following Amendment to its Motion for Extension of Time to Complete Discovery and Continue the Case to a Later Trial Term: 1. Pursuant to Rule 208.3(a)(2), I would like to amend this motion to state that the Honorable Judge Edward Guido met with all counsel of record on October 1, 2007 for a status conference to determine discovery deadlines in this matter. On October 8, 2007, he issued an Order of Court outlining these deadlines, attached as exhibit A. WHEREFORE, Tech Logistics Corporation, dba, Systems Logistics, Inc. respectfully requests that this Honorable Court enter an order granting their Motion for Extension of Time of the Discovery Deadlines and Motion to Continue this Case to a Later Trial Term. u? Respectfully submitted, Willman & Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 412-366-3333 BY vrw??., Melani M. Irwin, Esquire Counsel for Defendant, Tech Logistics Corporation, dba, Systems Logistics, Inc. TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISITCS, Plaintiff V. ELI WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2493 CIVIL TERM V. AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants ORDER OF COURT AND NOW, this 8TH day of OCTOBER, 2007, after conference with counsel it is hereby ordered and directed as follows: 1.) All discovery shall be completed by January 2, 2008. 2.) Counsel shall consider themselves attached to this court for the week of February 4, 2008. The parties are further directed to forthwith check their availability and the availability of their witnesses for trial that week. No request for a continuance, except for emergency, shall be entertained after December 15, 2007. 3.) The parties are directed to comply with the local rules of court in listing this matter for trial during the February 2008 term of court. Lawrence E. Ging, Esquire Karl A. Hildabrand, Esquire Melanie M. Irwin, Esquire Matthew L. Owens, Esquire 01-1 Edward E. Guido, TCEOVE OCT 1 1 2 007 Willman & Arnold CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons listed below, via Federal Express, which satisfies the service requirements of the Pennsylvania Code: Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 Karl Hildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 WILLMAN & ARNOLD By: U&W"J, 0 1 ` Mel 6e M. Irwin, Esquir Date: i i? - ' z4 - d ?i ?'° -? } .. " r-? ft'?1 ' ? ? ? ? ?? :,?- i ? J 7 '? t.sa IN THE AIR GROUND NATIONAL Cl VS. SYSTEMS WEAVER, T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRESS, INC. and LEASING, Plaintiffs, TICS, INC. and ELI Defendants CIVIL DIVISION NO. 05-2450 MOTION FOR EXTENSION OF TIME TO COMPLETE DISCOVERY AND CONTINUE THE CASE TO A LATER TRIAL TERM Filed on behalf of Defendant: TECH LOGISTICS CORPORATION, dba, SYSTEMS LOGISTICS, INC. Counsel of Record for this Party: R. Kenneth Willman, Esquire PA I.D. #22058 Melanie M. Irwin, Esquire PA I.D. #91688 WILLMAN & ARNOLD LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Phone: 412-366-3333 Fax: 412-366-3462 IN THE AIR GROUT NATIONAL T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXPRESS, INC. and TY LEASING Plaintiffs, vs. SYSTEMS WEAVER, Defendants. ANDI Tech Logistics Time to Comp: 1. A s with Your Hon 2. All ISTICS, INC. and ELI CIVIL DIVISION NO. 05-2450 CONTINUE THE CASE TO A LATER TRIAL TERM N comes Attorney, Melanie M. Irwin, Esquire of Willman & Arnold, LLP, on behalf of rporation, dba, Systems Logistics, Inc., and files the following Motion for Extension of Discovery and Continue the Case to a Later Trial Term: .is conference was held in this case on October 1, 2007. At this time all counsel met to determine discovery deadlines and a potential trial term for this case. ansel agreed to a discovery deadline of January 2, 2008 and a listing of this case on the February 2008 tr al term. 3. Duet scheduling conflicts and additional extenuating circumstances, the necessary depositions have not yet taken place, therefore, I would like to request a 90 day extension of the discovery deadli e, after which time the parties, in compliance with the local rules, will list this case for trial. 4. I hav 90 day extensioi would prefer 60 5. This meant for the m spoken with Attorneys, Karl Hildabrand and Thomas Brenner, who have agreed to the and Attorney, Matthew Owens, who is also in agreement with an extension of time, but No party objects to this extension of time ion is in no way meant to prejudice any of parties involved. This request is not of delay, but only to ensure the proper and efficient administration of justice. r ?. Tech Logistics Corporation, dba, Systems Logistics, Inc. respectfully requests that this Honorable Court enter an order granting their Motion for Extension of Time of the Discovery Deadlines and to Continue this Case to a Later Trial Term. Respectfully submitted, Willman & Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 412-366-3333 Melanie M. Irwin, Esquire Counsel for Defendant, Tech Logistics Corporation, dba, Systems Logistics, Inc. CERTIFICATE OF SERVICE I hereby ertify that I am this day serving a copy of the foregoing document upon the persons listed below, via ederal Express, which satisfies the service requirements of the Pennsylvania Code: Thomas E. Brenner, Esquire Goldberg Katzma , p. C. P. O. Box 1268 Harrisburg, PA 17108-1268 Karl Hildabrand, squire Nestico, Druby & ildabrai 840 East Chocolat Avenue Hershey, PA 1703 Matthew L. Owens Esquire Marshall, Dennehe , Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 WILLMAN & ARNOLD By: Melanie M. Irwin, Esquire Date: I a 1 '3 = 'LS m t? c? rn m sue` Fn L [[t? L } 1?°f" JAN 0 3 2008,Of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING Plaintiffs, CIVIL DIVISION NO. 05-2450 vs. SYSTEMS LOGISTICS, INC. and ELI WEAVER, Defendants. ORDER OF COURT AND NOW, this ?OA day o , 2Wj it is hereby ORDERED, ADJUDGED and DECREED that the within Motion for Extension of Time to Complete Discovery and to Continue the D Case to a Later Trial Term is hereby GRANTED. The parties havep`A?ays from January 2, 2008 to complete discovery, after which time, in compliance with the local rules, they will list this case for trial. BY THE CO J. vcyl r' N • , .. S 1 C Wd C- NVr OOOZ KdViONOH Udd 3Hi JO Thomas E. Brenner, Esquire Attorney I.D. No. 32085 Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 717-234-4161 717-234-6810 FAX Attorney for Plaintiffs AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Plaintiffs: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. SYSTEM LOGISTICS, INC. and ELI WEAVER, Defendants : NO. 05-2450 : CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark this action settled and discontinued. Date: June, 2009 GOLDB TZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney for Plaintiffs 176293.1 OF THE F? ;rTARY 2009 JUN {7 PM 12: 3 7 Ct1rt ; fT