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Home My WebLink About05-2493y M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, SYSTEMS LOGISTICS Plaintiff, vs. CIVIL DIVISION NO. OS -dl/43 0-10.1 -? PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION ELI WEAVER, Defendant. Filed on behalf of Plaintiff: TECH LOGISTICS CORPORATION dba SYSTEMS LOGISTICS Counsel of Record for this Party: R. Kenneth Willman, Esquire PA LD. #22058 Lawrence E. Ging, Esquire PA I.D. #92347 WILLMAN & ARNOLD LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Phone: 412-366-3333 Fax: 412-281-2555 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, SYSTEMS LOGISTICS Plaintiff, CIVIL DIVISION NO. OS - )q93 (?rv"C?? vs. ELI WEAVER, Defendant. TO: CURTIS R. LONG, PROTHONOTARY KINDLY issue a Writ of Summons in Civil Action upon the Defendant, Eli Weaver, relative to the above-captioned action. JURY TRIAL DEMANDED WILLMAN & ARNOLD, LLP By Kenneith Willman, E quire Lawrence E. Ging, Esquire U to r? 1 v+ --r c,) i i } ri ?. e l 1 V.J yy "r? O 'f? l Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS TECH LOGISTICS CORPORATION, DBA, SYSTEMS LOGISTICS Court of Common Pleas Plaintiff Vs. No. 05-2493 CIVIL TERM In CivilAction-Law ELI WEAVER 645 3 SQUAREHOLLOW ROAD NEWBURG, PA 17340 Defendant To ELI WEAVER You are hereby notified that TECH LOGISTICS CORPORATION, DBA, SYSTEMS LOGISTICS, the Plaintiff has / have commenced an action in Civil Action- Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date MAY 13, 2005 By uty - °? ? Deputy Attorney: Name: LAWRENCE E. GING, ESQUIRE Address: WILLIAM & ARNOLD LLP 705 MCKNIGHT PARK DRIVE PITTSBURGH, PA 15237 Attorney for: Plaintiff Telephone: 412-366-3333 Supreme Court ID No. 92347 SHERIFF'S RETURN - REGULAR CASE NO: 2005-02493 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TECH LOGISTICS CORPORATION ETA VS WEAVER ELI 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 WEAVER ELI the DEFENDANT , at 1755:00 HOURS, on the 20th day of May , 2005 at 645 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 by handing to NAOMI WEAVER, WIFE 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 -2'f c day of 7LL?, ?O?S A.D. So Answers: R. Thomas Kline 05/23/2005 WILLIAM & ARNOLID By: Deputy Sher Prothonotary ' TECH LOGISTICS CORPORATION, DBA, SYSTEMS LOGISTICS Plaintiff V. ELI WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 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: C" '3 -,z sr Respectfully submitted, NESTICO, DRUBY & HILDABRAND, L.L.P. 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 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 3 day of June 2005 a f , , copy o the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Lawrence E. Ging, Esquire William and Arnold LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Ar H n C o Q T n Grz-' rT CON ci ? w ?rn ? o TECH LOGISTICS CORPORATION DBA, SYSTEMS LOGISTICS Plaintiff V. ELI WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-2493 CIVIL ACTION - AT LAW PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon the Plaintiff to file a Complaint within twenty (20) days of service or suffer judgment of non pros. Respectfully submitted, ICO, DRUBY & HILDABRAND, L.L.P. NESST Date: D S T By 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: Lawrence E. Ging, Esquire William and Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 You are hereby directed to file a Complaint in the above matter within twenty (20) days of service or judgment of non pros will be entered against you. Date: i dpi e QQ S By: Prothonotary -" 1 CERTIFICATE OF SERVICE AND NOW, this K' 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, Postage Pre-paid: Lawrence E. Ging, Esquire William and Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 NESTICO, DRUBY & HILDABRAND, L.L.P. By:? d < ???? s z?> Karl R. Hildabrand ? N CJ cn Z!':'I .ir':,. G. C T films j-. I_', , TlT7 ? G J s O :Z7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, CIVIL DIVISION SYSTEMS LOGISTICS NO. 05-2493 Plaintiff, vs. ELI WEAVER, COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiff: Defendant. TECH LOGISTICS CORPORATION, dba, SYSTEMS LOGISTICS Counsel of Record for this Party: R. Kenneth Willman, Esquire PA I.D. 422058 Lawrence E. Ging, Esquire PA I.D. #92347 WILLMAN & ARNOLD LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Phone: 412-366-3333 Fax: 412-281-2555 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, CIVIL DIVISION SYSTEMS LOGISTICS Plaintiff, VS. ELI WEAVER, NO. 05-2493 Defendant. NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claim 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 and 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. LAWYER REFERRAL SERVICE THE CUMBERLANDCOUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, CIVIL DIVISION SYSTEMS LOGISTICS Plaintiff, NO. 05-2493 VS. ELI WEAVER, Defendant. COMPLAINT IN CIVIL ACTION AND NOW COMES Plaintiff, by its attorneys, Willman & Arnold, LLP, and R. Kenneth Willman, Esquire, and Lawrence E. Ging, Esquire, and sets forth the following: 1. Plaintiff, Tech Logistics Corporation, dba, Systems Logistics ("Tech'), is abusiness entity and assignor of rights, including those relative to the instant action, to TRI.PET.GRP.INC., which operates from Texas, and is a business engaged in trucking. 2. Defendant, Eli Weaver ("Defendant"), is an adult: individual residing at 645 Three Square Hollow Road, Newburg, Pennsylvania 17240-9341. 3. On or about May 16, 2003, at approximately 2:00 a.m., a tractor/semi-trailer truck operated by an agent and/or employee of Air Ground Express, Inc. ("AGE"), was traveling eastbound in the left-hand lane on the Pennsylvania Turnpike roughly three (3) miles from the Blue Mountain Interchange. 4. While traveling in the above-described manner, AGE's vehicle struck a cow that was standing in the eastbound, left-hand lane of the Pennsylvania Turnpike. 5. The collision caused significant damage to AGE's vehicle and slowed its speed in the eastbound, left-hand lane, ultimately leaving it disabled. 6. At or about this time, a tractor/semi-trailer truck being operated by an agent and/or employee of Tech was traveling eastbound in the left-hand lane of the Pennsylvania Turnpike. 7. Tech's vehicle struck AGE'S disabled vehicle, causing extensive damage to the former. 8. Pennsylvania State Police officers responded to the accident, at which time it was learned that the cow was owned by Defendant. COUNT I - NEGLIGENCE 9. Paragraphs I - 8 are hereby incorporated by reference as though fully set forth herein. 10. Defendant was duty-bound to safely contain his cow such that it would not stray from his land and cause harm. 11. Defendant failed to contain his cow in such a manner, thereby allowing the instant cow to stray onto the Pennsylvania Turnpike. 12. Defendant's negligence and/or carelessness in failing to properly contain his cow directly and proximately caused the incident as previously described. 13. As a further direct and proximate result of Defendant's negligence, Tech's vehicle sustained considerable damages for which Tech has incurred pecuniary detriment. WHEREFORE, Plaintiff, Tech Logistics Corporation, dba, Systems Logistics, respectfully prays this Honorable Court render judgment in its favor and monetary damages in excess of $85,000, together with interest, fees, and costs of filing this action. COUNT II - STRICT LIABILITY 14. Paragraphs 1 - 13 are hereby incorporated by reference as though fully set forth herein. 15. At all relevant times, Defendant was the owner of the cow previously described. 16. Defendant knew, or should have known, of the cow's propensity to escape from Defendant's property and wander onto the Pennsylvania Turnpike. 17. Moreover, Defendant's cow is livestock for which Defendant is strictly liable for any damages caused by it. 18. As a direct and proximate result of Defendant's cow's wandering onto the Pennsylvania Turnpike, the above-described accident transpired. 19. As a further direct and proximate result, Tech's vehicle sustained considerable damages for which Tech has incurred pecuniary detriment. WHEREFORE, Plaintiff, Tech Logistics Corporation, dba, Systems Logistics, respectfully prays this Honorable Court render judgment in its favor and monetary damages in excess of $85,000, together with interest, fees, and costs of filing this action. JURY TRIAL DEMANDED WILLMAN & ARNOLD, LLP Date: 7 $ dS By?2eascG Kenneth Willman uire Lawrence E. Ging, Esquire VERIFICATION The Plaintiff is outside the court's jurisdiction, and the Verification of an individual authorized to sign on its behalf cannot be obtained such that this pleading can be timely filed. This Verification is made by the Plaintiff's attorney, who has no personal knowledge of the facts of the matter, but who has sufficient information and belief of the facts as related to him by individuals interested as the Plaintiff. The averments in the within Complaint in Civil Action and this Verification are on information and belief hereby verified as true and correct. It is understood that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. ai. Ging, Eye . Attorney for Plaintiff, Tech Logistics Corporation, dba, Systems Logistics Cam' cr+ ,j` r-' -v p Y c-n .. W TECH LOGISTICS CORPORATION, DBA, SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2493 CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Plaintiffs Complaint seeks property damages arising out of an accident on May 16, 2003, on the Pennsylvania Turnpike. 2. Allegedly, the vehicle in front of the Plaintiff s tractor trailer struck a cow owned by the Defendant, and the Plaintiffs vehicle struck the rear of that vehicle. Plaintiff s Complaint alleges two theories against Defendant, one in negligence and one in strict liability. A: Demurrer 4. Count II of Plaintiff s Complaint, in strict liability, fails to state a valid cause of action and is legally insufficient. B: Motion to Strike For the reasons set forth above, Count II of Plaintiff s Complaint should be stricken for failure to conform to law or rule of court or inclusion of scandalous or impertinent matter. Dater - Z 6 - O S Respec lly submitted, NE , BI?rIQD, LLP Aildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (FAX) Attorney for Defendant Weaver CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the 2G day of July, 2005, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Lawrence E. Ging, Esquire William and Arnold LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Hildabrand, Esquire f? r?-_`?i _ ?_ ? ' iV. _1'i t ., r__ ?-? -r_: ;,;?_ t*a rn ?,r: c? 5,` ' _.,, :: ? "r, .., ..? v, -, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Plane list the within matter for the text Atgtmant Court. - - - - - - - - - - - - - - CAPTION OF CASE (entire captioc must be stated in fu7.11 TECH LOGISTICS CORPORATION, DBA, SYSTEMS LOGISTICS vs. ELI WEAVER (Plaintiff) (Defendant) No. or;-249 3 Civil 19 1. State matter to be argued (i.e., plaintiff's motion for new trial. defendwt's demurrer to complaint, etc.): Defendant's Preliminary objections 2. Identify counsel who will argue Case: (a) fOC Platintiff: Lawrence E. Ging, Esquire Mdsesa: William & Arnold, LLP 705 McKnight Park Drive (b) for defendant: Pittsburgh, PA 15237 ARiresa: Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 3. I will notify all Parties in writing within two days that this ease has been listed for atgUment. 4. Argument Court Date: August 24, 2005 NESTICO, DRUBY & HILDABRAND, LLP Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey PA 17033 toruey or Defendant ?a ?? ,?? ? U? ?c;-C. ?.? \. t `, u' C:^ ' [>-t C ' r>. ? ;.i: ---) -.') F- ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, CIVIL DIVISION SYSTEMS LOGISTICS NO. 05-2493 Plaintiff, VS. FIRST AMENDED COMPLAINT IN CIVIL ACTION ELI WEAVER, Defendant. Filed on behalf of Plaintiff: TECH LOGISTICS CORPORATION, dba SYSTEMS LOGISTICS Counsel of Record for this Party: R. Kenneth Willman, Esquire PA I.D. #22058 Lawrence E. Ging, Esquire PA I.D. #92347 WILLMAN & ARNOLD LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Phone: 412-366-3333 Fax: 412-281-2555 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, CIVIL DIVISION SYSTEMS LOGISTICS Plaintiff, NO. 05-2493 VS. ELI WEAVER, Defendant. FIRST AMENDED COMPLAINT IN CIVIL ACTION AND NOW COMES Plaintiff, by its attorneys, Willman & Arnold, LLP, and R. Kenneth Willman, Esquire, and Lawrence E. Ging, Esquire, and sets forth the following: 1. Plaintiff, Tech Logistics Corporation, dba, Systems Logistics ("Tech"), is a business entity and assignor of rights, including those relative to the instant action, to TRI.PET.GRP.INC., which operates from Texas, and is a business engaged in trucking. 2. Defendant, Eli Weaver ("Defendant"), is an adult individual residing at 645 Three Square Hollow Road, Newburg, Pennsylvania 17240-9341. 3. On or about May 16, 2003, at approximately 2:00 a.m., a tractor/semi-trailer truck operated by an agent and/or employee of Air Ground Express, Inc. ("AGE"), was traveling eastbound in the left-hand lane on the Pennsylvania Turnpike roughly three (3) miles from the Blue Mountain Interchange. 4. While traveling in the above-described manner, AGE's vehicle struck a cow that was standing in the eastbound, left-hand lane of the Pennsylvania Turnpike. WHEREFORE, Plaintiff, Tech Logistics Corporation, dba, Systems Logistics, respectfully prays this Honorable Court render judgment in its favor and monetary damages in excess of $85,000, together with interest, fees, and costs of filing this action. JURY TRIAL DEMANDED WILLMAN & ARNOLD, LLP Date: e-ly-05 By .Kenneth Willman, Es r Lawrence E. Ging, Esquire r-' C? ?? a -n C_ u-? _ ,? Y -? V ? ? .? L ?3 ? S' r? ?C: a TECH LOGISTICS CORPORATION, DBA, SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2493 CIVIL ACTION - LAW PRAECIPE To: Curtis R. Long, Prothonotary Cumberland Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Kindly withdraw Defendant Weaver's Preliminary Objections to Plaintiff's Complaint. Respectfully submitted, Date: NESTICO, DRUBY & HILDABRAND, LLP L K????C -d Klm R-. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (FAX) Attorney for Defendant Weaver CERTIFICATE OF SERVICE AND NOW, this day of Jam- 0005, 1, 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, Postaee Pre-paid: Lawrence E. Ging, Esquire William and Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 NESTICO, DRUBY & HILDABRAND, L.L.P. By. Karl R. Hildabrand ? o c? ??, ? -?, n? ?- c? -]? N C7?? ?.. r?- -, ?" , ?5 s' :< .!' .? TECH LOGISTICS CORPORATION, : IN THE COURT OF COMMON PLEAS DBA, SYSTEMS LOGISTICS, : CUMBERLAND COUNTY, PA Plaintiff V. NO. 05-2493 ELI WEAVER, Defendant ; CIVIL ACTION - LAW V. AIR GROUND EXPRESS, INC., and NATIONAL CITY LEASING Additional Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 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 ADDITIONAL DEFENDANT COMPLAINT Plaintiff Tech Logistics Corporation, d/b/a/ Systems Logistics, filed a Complaint on July 11, 2005, against Defendant Weaver, seeking property damages arising out of a motor vehicle accident which occurred on May 16, 2003. Attached hereto, marked as Exhibits "A" and "B" respectively and incorporated here by reference are a copy of said Complaint and Defendants' Answer with New Matter. 2. Additional Defendant Air Ground Express, Inc. is a business entity with an address of P. O. Box 438, Clinton, Allegheny County, Pennsylvania 15626. Additional Defendant National City Leasing is a business entity, regularly conducting business in the state of Pennsylvania, and is located at 101 South Fifth Street, Louisville, KY 40202. 4. At the time of the accident alleged in Plaintiff s Complaint, additional Defendants' vehicle was operated by its agent, servant, and employee Yevheny Lutsiv, who was acting in the course and scope of his employment with said additional Defendants. 5. Defendant herein joins said additional Defendants pursuant to Pa.R.C.P. 2252(b) and asserts that said additional Defendants are alone liable to the Plaintiff, are liable over to the joining parry, or are jointly or severally liable to the Plaintiff, with any liability on the part of the Defendant being specifically denied. 6. Any harm sustained by the Plaintiff, which is denied, was caused, in whole or in part, by the negligence of additional Defendants' driver, for whom they are vicariously liable, for the following negligent acts: 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. WHEREFORE, Defendant Weaver herein joins Air Ground Express, Inc. and National City Leasing as additional Defendants pursuant to Pa.R.C.P. 2252(b). Date: S?/6 /0 S- NESTICO, DRUBY & HILDABRAND, LLP i arl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (FAX) Attorney for Defendant Weaver 'Momas 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE 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 notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte 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 notification y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO I MMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTEDE PAGARTAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA)O 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 71/-2344161 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 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 Newvile, 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, T11VL11µJ E V. n BLL.111 Wr, EJgl11LL., 111.14b;' [W l11LV W1 W6' "JaL 14111 L1-l- l1LLV111ly Vl 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 chat i am this day serving a copy oz 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 I-Iildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 97033 Via fax and first class mail System Logistics, 886 Dorwin Road Hudson, WI 54016 Via certifzed mail GOLDBERG KATZMAN, P,C. By: wza'? Thomas E. Brenner, Esquire Date: July 8, 2005 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 _a cr, '1l System Logistics, Inc. - 4362 Hillcrest i r Oneida, WI 54016 co 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 Zr . Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (FAX) Date: us 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 MATTE AND CROSSCLAIM OF DEFENDANT ELI WEAVER 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. B. 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' rlaims are barred in h I d ' r r b? rtiaPonnrgdvania ?emparaHve Negligence Law. 17. Defendant Weaver at all times 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. 2252fd1 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 Plaintiffs Complaint, with any liability on the part of Defendant Weaver being specifically denied. Respectfully submitted, & ILDA BRAND, LLP NESPHild Kar rand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 Date: 0-5 Attorney for Defendant Weaver VERIFICATION 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: Z 5 ?,? ?41(?'ta Eli H. Weaver CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby 1 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 J I R. Hildabrand VERIFICATION I, Eli Weaver, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information, and belief. 1 understand that false state, cents herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: A- .e x,,,`_ Eli Wearer CERTIFICATE OF SERVICE AND NOW, this /9? day of August, 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, Postage Pre-paid: Thomas E. Brenner, Esquire System Logistics, Inc. Goldberg & Katzman, P.C. 4362 Hillcrest P.O. Box 1268 Oneida, WI 54016 Harrisburg, PA 17108-1268 NESTICO, DRUBY & HILDABRAND, L.L.P. Karl R. Hildabrand C7 r? O cD LJ? ? v fir.' 1:.: ?? .._ G7 -nisi ?J [)?.? r?_?: . _:,S.q, ?C f ? :: .. r-? G.O `C _ W Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Additional Defendants National City Leasing TECT I LOGISTICS CORPORATION: IN THE COURT OF COMMON PLEAS d/b/a SYSTEMS LOGISTICS, : CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. 05-2493 V. ELI WEAVER, Defendant CIVIL ACTION - LAW V. AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants ENTRY OF APPEARANCE Please enter the appearance of Thomas E. Brenner, Esquire, of Goldberg Katzman, P.C. on behalf of Additional Defendant National City Leasing. KATZMAN, P.C. T-hum--a?s F. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Additional Defendant National City Leasing Date: October 10, 2005 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 I Iildabrand, Esquire Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 Lawrence E. Ging, Esquire McKnight East 700 McKnight Park Drive, Suite 705 Pittsburgh, PA 15236 GOLDBERG KATZMAN, P.C. omas E. Brenner, Esquire Date: October 10, 2005 127187.1 C?) _ ^? '`' lIi O _?? ?1 ?__ l') --r. ?iil" ?J ? .. l ', vj [V ? TECH LOGISTICS CORPORATION DBA, SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Pennsylvania NO. 05-2493 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: TECH LOGISTICS CORPORATION DBA, SYSTEMS LOGISTICS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, L.L.P. Karl R Hildabrand ?? B Y4??i-- Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, Pennsylvania 17033 (717) 533-5406 (717) 533-5717 Attorney for Defendant TECH LOGISTICS CORPORATION, DBA, SYSTEMS LOGISTICS, Plaintiff vi. ELI WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT ELI WEAVER TO PLAINTIFF'S FIRST AMENDED COMPLAINT Admitted in part and denied in part It is admitted that the Plaintiff is Tech Logistics Corporation, D/B/A Systems Logistics. 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. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 3, and the averments are therefore denied. Admitted in part and denied in part. It is admitted that an Air Ground Express vehicle 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 4, and the averments are therefore denied. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments set forth in paragraph 5, and the averments are therefore denied. 6. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 6, and the averments are therefore denied. 7. Denied Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in paragraph 7, and the averments are therefore denied. 8. Admitted 9. The averments of paragraphs I through 8 hereof are incorporated herein by reference. 10. Conclusion of law to which no answer is required, and the averments are therefore denied. 11. Denied. The averments of paragraph 11 are specifically denied and proof thereof is demanded at trial. 12. Denied. The averments of paragraph 12 are specifically denied and proof thereof is demanded at trial. 13. Denied. The averments of paragraph 13 are specifically denied and proof thereof is demanded at trial. NEW MATTER 14. Plaintiffs claim is barred, in whole or in part, by the negligence of its driver, Arthur James Lussier, 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 then and there existing; c. He was driving his vehicle in the land-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 take reasonable and necessary measures to avoid collision with the Air Ground Express vehicle in front of him; h. He failed to exercise that degree of care, caution, and skill reasonably required under all of the circumstances. 15. Plaintiff s claims are barred, in whole or in part, by the Pennsylvania Comparative Negligence Law. 16. Defendant Weaver at all times exercised reasonable care for the penning of animals on his property. 17. The cow in question was released and/or escaped from Plaintiff s premises through no fault of Defendant Weaver. Date: l CJ l 0 ? Respectfully submitted, NESTICO, DRUBY & HILDABRAND, UP Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (FAX) Attorney for Defendant Weaver VERIFICATION I, Eli 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. Dater Eli Weaver CERTIFICATE OF SERVICE AND NOW, this >l day of October 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, Postage Pre-paid: Lawrence E. Ging, Esquire William and Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 NESTICO, DRUBY & HILDABRAND, L.L.P. Karl R. Hildabrand ..i ` ? ?1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendant Air Ground Express, Inc. TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of Defendant Air Ground Express, Inc., in the above captioned case. MARSHALL DE H Y WARNER COLEMAN & cy6GG" DATE: I O t at v J BY: TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this day of Ohs 2005, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karl R. Hildabrand, Esquire NESTICO DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Systems Logistics 4362 Hillcrest Oneida, WI 54016 Thomas E. Brenner, Esquire GOLDBERG KATZMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (?-5 z? ? Angela ilia N (?? C? ?. :.n C". v? _-! r `.- ?-:, L ?' -? :?. Ga . , G%, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants Attorneys for Defendant Air Ground Express, Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW NOTICE TO PLEAD TO: Plaintiff, Tech Logistics Corporation, d/b/a Defendant Eli Weaver Systems Logistics c/o Karl Hildabrand, Esquire 4362 Hillcrest Nestico, Druby & Hildabrand, LLP Oneida, WI 54016 840 East Chocolate Avenue Defendant National City Leasing c/o Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108 Hershey, PA 17033 You are hereby notified to plead to the enclosed Answer with New Matter and New Matter Crossclaims of Additional Defendant Air Ground Express, Inc. to Additional Defendant Complaint of Eli Weaver and to the 2252(d) New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: I V" 4 MATTHEW L. ENS, QUIRE Attorney for Defendant Air Ground Express, Inc. DATE: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendant Air Ground Express, Inc. TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIMS OF ADDITIONAL DEFENDANT AIR GROUND EXPRESS, INC. TO ADDITIONAL DEFENDANT COMPLAINT OF ELI WEAVER AND NOW comes Defendant Air Ground Express, Inc., by and through the undersigned counsel, who files this response to Defendant Eli Weaver's Additional Defendant Complaint as follows: Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 1, and therefore, the same are denied with strict proof thereof required at trial. 2. Admitted. 3. Denied. Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 3, and therefore, the same are denied with strict proof thereof required at trial. 4. Admitted. 5. Denied. Paragraph 5 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 6. (a) - (g) Denied. Paragraph 6 (a) - (g) is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. WHEREFORE, Defendant Air Ground Express, Inc. respectfully requests judgment in its favor and against the Plaintiff and/or Defendant together with such other costs as this Honorable Court deems appropriate. NEW MATTER 7. Responding Defendant, Air Ground Express, Inc., incorporates herein by reference its responses to Paragraphs 1-6 above as fully as if the same were herein set forth at length. 8. Defendant is immune from this action by virtue of the Political Subdivision Tort Claims Act as codified by Pennsylvania law. 9. Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 10. Plaintiffs Complaint is barred by the applicable statute of limitations. 2 11. Plaintiffs claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, including the Plaintiffs' selection of the limited tort option. 12. Plaintiffs claims are barred by the Pennsylvania Comparative Negligence Statute. 13. Plaintiffs claims are barred and/or limited by the doctrines of the assumption of the risk and/or contributory negligence. 14. Plaintiffs claims are barred by the doctrines of res judicata and/or collateral estoppel. 15. Responding Defendant breached no duty of care owed to Plaintiff under the circumstances. 16. No act or omission on the part of Responding Defendant was a substantial contributing factor in bringing about Plaintiffs injuries, all such injuries being expressly denied. 17. Any and all alleged damages as set forth in Plaintiffs Complaint were caused solely by the reckless and negligent conduct of Plaintiff in causing this accident, all such damages being expressly denied by Responding Defendant. 18. Any and all alleged damages in Plaintiffs Complaint were caused solely by the reckless and negligent conduct of the other Defendants and/or others over whom Responding Defendant had no control nor had the right to exercise control. WHEREFORE, Responding Defendant, Air Ground Express, Inc., respectfully requests judgment in its favor and against Plaintiff and other Defendants together with such other costs as this Honorable Court deems appropriate. NEW MATTER DIRECTED TO DEFENDANT ELI WEAVER PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2252(d) 19. Responding Defendant, Air Ground Express, Inc., incorporates herein by reference its responses to Paragraphs 1-18 above as fully as if the same were herein set forth at length. 20. Pursuant to Pa.R.C.P. 2252(d), should it be found that Responding Defendant is liable to Plaintiff, which liability is denied, Responding Defendant alleges that Plaintiff's damages, said damages being denied, were caused by the negligence, recklessness and/or carelessness and/or strict liability of Defendant Eli Weaver and/or others for the reasons set forth in the Complaint, and that Responding Defendant is entitled to contribution and/or indemnity, as may be appropriate, from such Defendant. WHEREFORE, Responding Defendant, Air Ground Express, Inc., respectfully requests judgment in its favor and against Defendant, Eli Weaver, together with such other costs as this Honorable Court deems appropriate. NEW MATTER DIRECTED TO DEFENDANT NATIONAL CITY LEASING PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2252(d) 21. Responding Defendant, Air Ground Express, Inc., incorporates herein by reference its responses to Paragraphs 1-20 above as fully as if the same were herein set forth at length. 22. Pursuant to Pa.R.C.P. 2252(d), should it be found that Responding Defendant is liable to Plaintiff, which liability is denied, Responding Defendant alleges that Plaintiff s damages, said damages being denied, were caused by the negligence, recklessness and/or carelessness and/or strict liability of Defendant National City Leasing and/or others for the reasons set forth in the Complaint, and that Responding Defendant is entitled to contribution and/or indemnity, as may be appropriate, from such Defendant. WHEREFORE, Responding Defendant, Air Ground Express, Inc., respectfully requests judgment in its favor and against Defendant, National City Leasing, together with such other costs as this Honorable Court deems appropriate. DATE: t/q(16(40 BY: V05 AALIABAMLOALLPGA202005VACSV 5000A50000 VERIFICATION The undersigned hereby verifies that the statements in the foregoing Defendant's Answer with New Matter and New Matter Crossclaims to Additional Defendant Complaint of Eli Weaver are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the efendant's Answer with New Matter and New Matter Crossclaims to Additional Defendant Complaint of Eli Weaver is that of counsel and not my own. I have read the Defendant's Answer with New Matter and New Matter Crossclaims to Additional Defendant Complaint of Eli Weaver, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the efendant's Answer with New Matter and New Matter Crossclaims to Additional Defendant Complaint of Eli Weaver are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. AIR GROUND IXPRESS, INC. BY: ' Title: DATE: TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ?1 day of January, 2006, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karl R. Hildabrand, Esquire NESTICO DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Thomas E. Brenner, Esquire GOLDBERG KATZMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Angela 4W MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendant Air Ground Express, Inc. TECH LOGISTICS CORPORATION DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW NOTICE TO PLEAD TO: Plaintiff, Tech Logistics Corporation, d/b/a Systems Logistics 4362 Hillcrest Oneida, WI 54016 Defendant National City Leasing c/o Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P.O. Box 1268 Harrisburg, PA 17108 Defendant Eli Weaver c/o Karl Hildabrand, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 You are hereby notified to plead to the enclosed Answer with New Matter to Additional Defendant Complaint of National City Leasing within twenty (20) days from service hereof or a default judgment may be filed against you. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: MATTHEW L. OWENS, ESQUIRE Attorney for Defendant Air Ground Xpress, Inc. DATE: MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendant Air Ground Express, Inc. TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW ANSWER WITH NEW MATTER TO ADDITIONAL DEFENDANTS', NATIONAL CITY LEASING, COMPLAINT AND NOW comes Defendant Air Ground Express, Inc., by and through the undersigned counsel, who files this response to Additional Defendants,' National City Leasing, Complaint as follows: Denied. The Complaint filed by Plaintiff Tech Logistics Corporation, d/b/a System Logistics, against Defendant Eli Weaver is a document which speaks for itself. Admitted. 3. Denied, Responding Defendant lacks knowledge sufficient to form a belief as to the truth of the allegations contained in Paragraph 3, and therefore, the same are denied with strict proof thereof required at trial. 4. Denied. Paragraph 4 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 5. Denied. Paragraph 5 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. 6.(a)-(g) Denied. Paragraph 6 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. WHEREFORE, Defendant Air Ground Express, Inc. respectfully requests judgment in its favor and against the Additional Defendant, National City Leasing and/or Defendant Eli Weaver and/or Tech Logistics Corporation, together with such other costs as this Honorable Court deems appropriate. NEW MATTER Responding Defendant, Air Ground Express, Inc., incorporates herein by reference its responses to Paragraphs 1-6 above as fully as if the same were herein set forth at length. 8. Defendant is immune from this action by virtue of the Political Subdivision Tort Claims Act as codified by Pennsylvania law. 9. Additional Defendant National City Leasing's Complaint fails to state a cause of action upon which relief can be granted. 10. Additional Defendant National City Leasing's Complaint is barred by the applicable statute of limitations. 11. Additional Defendant National City Leasing's claims are barred and/or limited by the applicable provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, including the Plaintiffs' selection of the limited tort option. 12. Additional Defendant National City Leasing's claims are barred by the Pennsylvania Comparative Negligence Statute. 13. Additional Defendant National City Leasing's claims are barred and/or limited by the doctrines of the assumption of the risk and/or contributory negligence. 14. Additional Defendant National City Leasing's claims are barred by the doctrines of res judicata and/or collateral estoppel. 15. Responding Defendant breached no duty of care owed to Plaintiff and National City Leasing under the circumstances. 16. No act or omission on the part of Responding Defendant was a substantial contributing factor in bringing about Plaintiffs injuries, all such injuries being expressly denied. 1Z Any and all alleged damages as set forth in Additional Defendant National City Leasing's Complaint and Plaintiff Tech Logistics Corporation's Complaint were caused solely by the reckless and negligent conduct of Additional Defendant National City Leasing's and/or Defendant Eli Weaver in causing this accident, all such damages being expressly denied by Responding Defendant. 18. Any and all alleged damages in Additional Defendant National City Leasing's Complaint and Plaintiff Tech Logistics Corporation's Complaint were caused solely by the reckless and negligent conduct of the other Defendants and/or others over whom Responding Defendant had no control nor had the right to exercise control. WHEREFORE, Defendant Air Ground Express, Inc. respectfully requests judgment in its favor and against the Additional Defendant, National City Leasing and/or Defendant Eli Weaver and/or Tech Logistics Corporation, together with such other costs as this Honorable Court deems appropriate. NEW MATTER DIRECTED TO DEFENDANT ELI WEAVER PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 2252(d) 19. Responding Defendant, Air Ground Express, Inc., incorporates herein by reference its responses to Paragraphs 1-18 above as fully as if the same were herein set forth at length. 20. Pursuant to Pa.R.C.P. 2252(d), should it be found that Responding Defendant is liable to Additional Defendant National City Leasing, which liability is denied, Responding Defendant alleges that Additional Defendant National City Leasing's damages, said damages being denied, were caused by the negligence, recklessness and/or carelessness and/or strict liability of Defendant Eli Weaver and/or others for the reasons set forth in the Complaint, and that Responding Defendant is entitled to contribution and/or indemnity, as may be appropriate, from such Defendant. WHEREFORE, Responding Defendant, Air Ground Express, Inc., respectfully requests judgment in its favor and against Defendant, Eli Weaver, together with such other costs as this Honorable Court deems appropriate. WARNER 00, DATE: S V? BY: ttt Matthew . Owens, Esquire VERIFICATION I hereby affirm that the following facts are correct: Air Ground Express, Inc. is a Defendant in the foregoing action and I am authorized to execute this Verification on their behalf. The attached Answer with New Matter to Additional Defendant National City Leasing's Complaint is based upon information which has been gathered by my counsel in the defense of this lawsuit. The language of the Answer with New Matter to Additional Defendant National City Leasing's Complaint is that of counsel and not of me. I have read the Answer, and to the extent that the responses are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. To the extent that the contents of the responses are that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid responses are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. AIR GROUN EXPRESS XPRESS, INC. DATE: BY: -7 C? Title: //?l/' TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this o , . `day of January, 2006, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karl R. Hildabrand, Esquire Thomas E. Brenner, Esquire NESTICO DRUBY & HILDABRAND, LLP GOLDBERG KATZMAN, P.C. 840 East Chocolate Avenue P.O. Box 1268 Hershey, PA 17033 Harrisburg, PA 17108-1268 Angela la v "'' r ? ,? _ <_ _. -' n' i _ c`> ,, r" Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Additional Defendants National City Leasing TECH LOGISTICS CORPORATION: IN THE COURT OF COMMON PLEAS d/b/a SYSTEMS LOGISTICS, : CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. 05-2493 V. ELI WEAVER, Defendant CIVIL ACTION - LAW V. AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants REPLY OF DEFENDANT NATIONAL CITY LEASING TO THE CROSS-CLAIM OF DEFENDANT AIR GROUND EXPRESS INC. AND NOW, comes Defendant National City Leasing, by their attorneys, Goldberg Katzman, P.C., who reply as follows: 21. This paragraph violates the Pennsylvania Rules of Civil Procedure in seeking to incorporate 20 paragraphs into a single paragraph. To the extent a response is deemed necessary, it is denied. 22. Denied. The paragraph states a legal conclusion to which no response is necessary. WHEREFORE, Defendant National City Leasing requests that the cross-claim of Air Grond Express, Inc. be dismissed, with prejudice. GOLDBERG KATZMAN, P.C. By: - ri Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Additional Defendant National City Leasing Date: January 12, 2006 VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for Additional Defendant National City Leasing; 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. X4904, relating to unsworn falsification to authorities. Thomas E. Brenner, Esquire Date: January 12, 2006 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 Lawrence E. Ging, Esquire McKnight East 700 McKnight Park Drive, Suite 705 Pittsburgh, PA 15236 Amanda Stombaugh, Esquire Marshall Dennehey 4200-B Cnzms Mill Road Harrisburg, PA 17112 GOLDBERG KATZMAN, P.C. By: Angela A. Runk, Legal Secretary Date: January 12, 2006 {mot ll r .? f? (,.. . . 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 PRAECIPE TO REINSTATE ADDITIONAL DEFENDANT COMPLAINT PURSUANT TO PA.R.C.P. 401 TO THE PROTHONOTARY: Kindly reinstate the Additional Defendant Complaint in the above matter and forward it to the Sheriff for service by deputized service upon Additional Defendant Air Ground Express, Inc. at the following address: 55 Matchette Road, Clinton, Allegheny County, Pennsylvania 15626 Date: 1(5?? up NESTICO, DRUBY & HILDABRAND, LLP Ya and Es840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (FAX) Attorney for Defendant Weaver ', ?1 L_ __ ..: I... j NESTICO, DRUBY & HILDABRAND, LLP Karl R. Hildabrand, Esquire PA Supreme Court I.D. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 khildabrand a,hersheypalaw.com TECH LOGISTICS CORPORATION, : IN THE COURT OF COMMON PLEAS DBA. SYSTEMS LOGISTICS, : CUMBERLAND COUNTY, PA Plaintiff V. ELI WEAVER, V. NO. 05-2493 Defendant : CIVIL ACTION - LAW AIR GROUND EXPRESS, INC., and NATIONAL CITY LEASING Additional Defendants DEFENDANT WEAVER'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT AIR GROUND EXPRESS, INC. 7. The averments of paragraphs 1 through 6 of Defendant Weaver's Additional Defendant Complaint are incorporated herein by reference. & Denied. Paragraph 8 states a conclusion of law to which no answer is required and the averments are therefore denied. 9. Paragraph 9 states a conclusion of law to which no answer is required. 10. Paragraph 10 states a conclusion of law to which no answer is required. 11. Paragraph I 1 states a conclusion of law to which no answer is required. 12. Admitted. 13. Paragraph 13 states a conclusion of law to which no answer is required. 14. Paragraph 14 states a conclusion of law to which no answer is required. 15. Denied. It is specifically denied that Additional Defendant Air Ground Express, Inc. "breached no duty of care owed to Plaintiff under the circumstance." 16. It is specifically denied that "no act or omission on the part of Additional Defendant Air Ground Express, Inc. "was a substantial contributing factor in bringing about Plaintiffs injuries." 17. It is admitted that the Plaintiff was negligent. However, the averments of the Additional Defendant Complaint are also incorporated herein by reference. 18. It is denied that Defendant Weaver was negligent. It is unknown what "the other Defendants" refers to. NEW MATTER DIRECTED TO DEFENDANT ELI WEAVER 19. The averments of paragraphs 1 through 18 hereof are incorporated herein by reference. 20. Paragraph 20 states a conclusion of law to which no answer is required and the averments are therefore denied. NEW MATTER DIRECTED TO ADDITIONAL DEFENDANT NATIONAL CITY LEASING 21.-22. No answer required. NESTICO, DRUBY & HILDABRAND. LLP arl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 ?? (717) 533-5717 (FAX) Date: Attorney for Defendant Weaver VERIFICATION I, Eli 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: 1-23-0(y J 9' 4-1 4c1.zAA't - li Weaver CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the a4 day of January, 2006, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Lawrence E. Ging, Esquire William and Arnold LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Thomas E. Brenner, Esquire Goldberg Katzman 320 Market Street Strawberry Square PO Box 1268 Harrisburg, PA 17108-1268 Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 K?ajrR. Hildabrand, Esquire N_ -V G CD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, SYSTEMS LOGISTICS Plaintiff, vs. ELI WEAVER, Defendant. CIVIL DIVISION NO. 05-2493 PRAECIPE FOR APPEARANCE Filed on behalf of Plaintiff: TECH LOGISTICS CORPORATION dba SYSTEMS LOGISTICS 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: 412-281-2555 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, SYSTEMS LOGISTICS Plaintiff, CIVIL DIVISION NO. 05-2493 vs. ELI WEAVER, Defendant. PRAECIPE FOR APPEARANCE To: Prothonotary: PLEASE enter the appearance of the law firm of Willman & Arnold on behalf of defendant, Tech Logistics Corporation, dba, Systems Logistics relative to the above captioned lawsuit. 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. 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: Thomas E. Brenner, Esquire Goldberg Katzman, P.C. P. O. Box 1268 Harrisburg, PA 17108-1268 Karl Hildabrand, Nestico, Druby & Hildabrand 840 East Chocolate Avenue Hershey, PA 17033 WILLMAN & ARNOLD ayV V ? M Janie M. Irwin, Esquire Date: a/6/O?7 t.,? ?. ^' ? -il .. ?, __ ? (" ?.: C? . L. ?" «..? C:U r TECH LOGISTICS CORPORATION: IN THE. COURT OF COMMON PLEAS d/b/a SYS'17MS LOGISTICS, : CUMBERLAND CO., PENNSYLVANIA Plaintiff NO. 05-3493 V. ELI WEAVER, Defendant CIVIL ACTION - LAW V. AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants ENTRY OF APPEARANCE/WITHDRAWAL OF APPEARANCE Please enter the appearance of Matthew Owens, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin on behalf of Additional Defendant National City Leasing. Date: 1/ 31 a MARSHALL, DENNEHEY, WARNER COLEMAN & GOG N By: NIarthew Owens, Esquire Please withdraw the appearance of Thomas E. Brenner, Esquire of Goldberg Katzman, P.C. as counsel for National City Leasing. Date: March 29, 2006 GOLDBERG KATZMAN, P.C. Thomas E. Brenner, Esquire TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this t? day of April, 2006, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karl R. Hildabrand, Esquire NESTICO DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Lawrence E. Ging, Esquire R. Kenneth Willman, Esquire WILLMAN & ARNOLD, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Thomas E. Brenner, Esquire GOLDBERG KATZMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Angela Zi a ._, ;? -., .? ? ? I . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02493 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TECH LOGISTICS CORPORATION ETA VS WEAVER ELI Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named ADD'TL DEFEND. , to wit: AIR GROUND EXPRESS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT JOINING ADDL On March 3rd , 2006 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Docketing Out of Cc Surcharge Allegheny Postage Costs: 18.00 znty 9.00 10.00 Co costs 55.00 1.74 So answer ,-i R. Thomas Kline Sheriff of Cumberland County 93.74 03/03/2006 NESTICO DRUBY HILDABRAND Sworn and subscribed to before me this /J?' day of )'R ? c2o64 A D. Prot tary r? Tech Logistics Corporation et al VS Eli Weaver VS. Air Express Inc 05-2493 civil 5PMhe#J Rc246,' C!kfi1 U " &/We January 23, 2006 I, SHERIFF OF CUMBERLAND COUNTY, PA, do deputize the Sheriff of Allegheny County to execute this Writ, this Affidavit of Service Sheriff of Cumberland County, PA copy of the original and made known to the contents thereof. So answers, Sheriff o County, PA COSTS Sworn and subscribed before SERVICE $ me this day of FEB 2 3 2TIJ6 MILEAGE AFFIDAVIT e d. F' ub l ic >' f P,cc s Lay, +a y C o w ry sum 19.2008 Member. Pen a5an of NoWNs deputation being made at the request and risk of the Plaintiff. The Court of Common Pleas of Cumberland County, Pennsylvania Now, "7' 'D h , 20 at I / o'clock a M. served the within \ 0-mm upon at by a .--a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, CIVIL DIVISION SYSTEMS LOGISTICS NO. 05-2493 VS. ELI WEAVER, Plaintiff, NOTICE OF SERVICE Filed on behalf of Plaintiff: TECH LOGISTICS CORPORATION, dba, Defendant. SYSTEMS LOGISTICS 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: 412-281-2555 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, dba, CIVIL DIVISION SYSTEMS LOGISTICS Plaintiff, vs. ELI WEAVER, Defendant. NO. 05-2493 NOTICE OF SERVICE I hereby certify that on this 15th day of November 2006, the original Responses to Eli Weaver's First Set of Interrogatories and First Request for Production of Documents regarding the above-referenced matter have been served upon the following counsel by postage prepaid, first class mail. Karl R. Hildabrand, Esquire Nestico, Druby & Hildabrand, LLP 840 East chocolate Avenue Hershey, PA 17033 Mathew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Willman & Arnold, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 412-366-3333 BY A44dko 9`? /?f! Melanie M. Irwin, Esquire Counsel for Defendant, Tech Logistics Corporation dba Systems Logistics. ? ? ?'? t.7 C" y `1"i ?? ? Sl ?- (^.,? ....« rt{ .__ t ,'S ,- r". .. I ! MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendant Air Ground Xpress, Inc. TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION -LAW MOTION FOR STATUS CONFERENCE AND NOW comes Defendants Air Ground Xpress and National City Leasing who through the undersigned counsel move for a status conference and in support thereof aver as follows: 1. On or about July 8, 2005, Plaintiffs filed a Complaint against Systems Logistics, Inc. and Eli Weaver arising out of a May 16, 2003 accident on the Pennsylvania Turnpike in Newville, Cumberland County, Pennsylvania (See Complaint at docket CV-05-2450 attached hereto and marked as Exhibit "A") 2. On or about July 28, 2005, Defendant Eli Weaver answered the Complaint (CV- 05-2450) at Exhibit "A" with a New Matter CrossClaim joining Systems Logistics. (See Answer, New Matter and CrossClaim of Defendant Eli Weaver attached hereto and marked as Exhibit "B"). On or about August 16, 2005, Tech Logistics and National City Leasing (the Additional Defendants) filed an Additional Defendant Complaint joining Air Ground Xpress, Inc. and National City Leasing as Additional Defendants on docket CV-05-2493. (See Additional Defendant Complaint of Eli Weaver joining Air Ground Xpress, Inc. and National City Leasing attached hereto and marked as Exhibit "C") 4. There are now two parallel actions (Cumberland County docket number 05-2450 and Cumberland County docket 05-2493) based on the same motor vehicle accident on May 16, 2003, in the eastbound lanes of the Pennsylvania Turnpike in Cumberland County, Pennsylvania. 5. Counsel for moving parties Air Ground Xpress and National City Leasing is currently attempting to coordinate Stipulation for Consolidation of both actions under a single docket to promote economy in both money and time for both counsel and the Court. 6. With the somewhat convoluted procedural history and the introduction of counsel for parties with busy calendars, it has been difficult to coordinate discovery depositions of the various witnesses, despite the good faith efforts of all counsel. 7. The Moving Party is requesting a status conference so that scheduling matters do not continue to struggle and delay resolution of this matter. 8. Counsel for the Moving Parties are optimistic that if all counsel and the Court meet with benefit of their calendars, deadlines can be set for discovery, depositions, motions, and ultimately trial. 9. All counsel have been consulted on the intention to seek a status conference in the above-captioned matters, but all counsel do not agree that a status conference is necessary. 2 WHEREFORE, Moving Parties respectfully request that this Honorable Court set down a status conference to facilitate the expeditious and efficient resolution of the above-captioned matter. Respectfully submitted, DATE: g I i Ol 05/341414.v1 03097-00730 MARSHALL, DENNEHE, WARNER, COLEMAN & BY: Matthew L. Owens, Esquire 3 ?X?\?1? ?\ Page 1 of 1 'M&M t & DWWW, E&quire Gnldbn KaftmoA, P.C. PO Box 1266 Plazitburg, PA 1710-1269 717.2344161 Attamgi fbar Ploiafiffz Ala CROUND IMPRESS, I NC ? IN THE COURT OF COMMON PL.8+45 and NATIONAL CITY LEASING, CUMBERLAND CO., PEAINSYLVANIA Plaintiffs r NO. 034430 V, SYSTEM LOGISTICS, INC' , Lnd ELIWBAVEk Defendants : OVILAC77014 - LAW YOU HAVJR B13EN SUED IN COURT, If you wish to defend agsinet the claans set focth fn the following pWz,you must take scion within cwmty (24) days 4of this Complaint and Notice are servcd, by cntedng s wcitten uppetsa w pcsavntlly or by attorney and cling in writingwith the Courtycurde rensea or objecpans tv the claims m t forth ttgLinstpou. You are wuxned chat ifyou fait to do to the case rmy proceed without you and a judpent may toe entered against you by tlit Court without further notice for any money claimed m the Complaint or for any other daitn or rclvef requested by the Plaintiff. You may lost rnoncy or property or othce *cs unporttnt to you. YOU SHOULD TAKE 11415 PAPER TO YOUR LAW ER AT O NC8. IP YOU DO NOT 14AVE A LAWYM OR CANNOT AMORD b NE. GO TO OR 7=14ONET74EOFMCRSETFORT iB13L.0W TO M ND OUT WI-MMYOU CAN GOT L9,0AL NRLP. Lvpytr lttferfel Stavice Cumbcclnnd Couatj Bet Anociar on Z Llllwe7 Avenue Csrgdfe PA 17013 717-244-3166 http://records.ccpa.net/weblink_extllmageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page I of 1 Lc haft demandado tt usted ets is cortc. Si ustxd Ruiem defendene de esStAF demandaa "puestas en Its paginas si$uienteA, uetLd time viente (M drat de plazr, al pattir de la fez}ta de la demsttdt y is natiFicsdon. Usted debt pmsenty um aparieneia w6ta c en pecmna o por abogado y ecclmrat en la ovrte tit forma escrits sus defenses o Gus objtedonea a In dernandu en contra de Gu ptnm& Sea adiMda quo 6 ustcd no m doC;tmk, It sin 13mvio aviAo o notifticaciQn y por cualquier quja o puede ptxdcF din= o out peopdedades a Otto$ decacho0 impo:tAntae perm usted. IZZVSWTA DaMANDAA UNABOGADOIMNEDIATAMENTL Si ISO TIENSABOGADO O SI NO TILNE End.DINEROSUF anNTBDLPAGAR,TAL SERVIGI O, VAYA EN PERSONA 01.. AME POR TELEFONO ALA OFI CINA CUYA DIRECCION SE 13NCUPNTRA ESCRITA ABAJO PARA AMMIGUAR DONDF, SE PUEDS CONSEGUM AS] S'IENCIA LEGAL Lawyer Refemd Service Cwnberland County Bar Association 2 Liberty Avenve Catltale, PA 17419 717-249.3166 http://records.ccpa.net/weblink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 R I Thanes R banner, 8tgvice Goldbcq 1S,stnw5 P.C P8 Haar 1Z6e Hscacbu%PA 171D&1268 7711-'U4-I L 6i Antneye for PleintiEra AIR GROUN1] r1XpRBSS, INC. ; IN THE COURT OR COMMON PLEAS and NA n ONAL CITY L WING, ; CUMBERLAND CO., PE-NNVLVANIA Plaintiffs ; NO. 054450 V. CIVIL AC1`fQN - LAW SYSTEM LOGISTICS, INC., and RLI WEAVER, Defendants COMPLAI1VT AND I OW,comaPlaintiffAi: G:vund Express, Inc, andNationelCity Leasing, by and through their s=meys, Goldbarl;Kn=sn, P.G, who rtates: 1. 7cindff, Air Ground Expeess, Inc, is a busincu cn* with an oddeeso of PO Box 456, Clinton, Atleghmy County, Pennsylvania 15024, which owned the trader involved in the accident. 2. Plaintiff National City Lauiytg, is the owner of the tractoz involved in tl?e accident that was being leased to P1,?intiff Air Ground Bxpr;ds snd is located &t 101 5ovth Fifth Street, Lowtvdle, KwNcky 402M 3. 1)6ndant, Sysxm Logistic, Inc,, is & business entity located at 4362 Hillorest; Oneida, Wisconsin 54016, http://records.cepa.net/webIink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 4, Defendant, Ei WtAvet is art adult individual reeiding at 645 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvardt 17240. 4. The tvetiu hereinafter deatsibed arise from damages Bustrimed to Air Gmuttd Npress' tractor truly as a result of sn accident involving a cow on or about Map 16, W. 5. At the from the accident took p[ace, Plaintiff Air Ground wu traveling eastbound in the ltft lat,e oft the Pennsylvania Turnpike in Newvdle, Oumbedand C4", PA. 6. Plaintiff Air G round Muck a cow, owned by Defendant 9i Weaves, that had w?ndeted onto the Tlunpike. 7. Defendant System Logistic. was wMing eastbound in the left ]one on the PA Turnp&t in Newvtlle, Cumberland County, P& behind the Air Ground truck. S. At Plaintiff Air Ground slowed in th a left lane, Defendant Sr n Logistic struck the Plaintiffs in tht rear of the tractor tm4er. COUNTI Plaintith Air Ground Express, Inc, and National City Leasing v. D nd n stem LoglBtlep, Inc, 9. The averments of paragraphs I through fl are ineorporat6d herein by reference. 10. DC&ndant SyAtem Logrsdcs, inc., through their driver, wa6 cackle86, caralaa6 snd negligent in. L fafling to maintain a Rafe driving disemce behind Plaintif2; http-.//records.ccpa.net/weblink_ext/ImageDispIay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 b, failing to slow down to avoid hitting the PI aintiff; rw driving at as cxcc ssiva spced; and J. failing W bt able to stop within the uwnod char distance aheack 11, Ae a direct result of Defendnnt System Logistics, Inc, negligence, recklessness of carclessaess, Maintiffs sugWned damages to the rear of the traccoe tfailu in the Amouttt 1$,070, 011, WHEREFORE, plaintiffs Ai: Ground Expdens rno and National City Leasing demand judgment against Defendant System I.,agiatiee, 1r?C, in the amount o f ?8,07a,00, %gethet with intereat and cost of suit, COUNT III Plaintirfg Air Ground Expregs, Inc. and National City Leasing v, Defendant Eli Weaver 12 'I1te averments of paragMPhs I though 11 its incorporated hezean by reference 13, Defendant Eli Weaver sari reckleaa, esrelces and negigtmt in L failing to pmpesly secure the cow on M propetty, h. allowing tint cow to wander Away from the pasture and ors5o the kA Turnpike; and c. failing to noti'cc tl+at the cow lend wandered outside the pasture, http://records.ccpa.net/weblink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of I 14, As a direct result of Dtkndant Eli Weaver's System Logiatics, ]nc.'a eecklennesi, carelessness, and n4igm" Plaintiffs 6u4tp:mcd dwips to the front of the ttactot in the amount tl4,164,52, along with a rental c"rise of 12;$85, 34, WHEREFORE, Plsin6ffs Ali' Gfomd Expre66, Inc. and National City Leslsing demands judgment Bonet Dck.ttdatat gi Wedvet in the amount of 117,049.$6, together with interest and cost of suit. GOLDBERG KATZMAN, V.G arnaa P, Brcnrta:, BrquizL Attomey ID It3200 Carty J. Wlamet, Eatiuite Anomey ID # 92598 P 0 Box 1258 HuTitburS,PA 1710&- 1268 717-234-4161 Atto meet fo t Pl aintiff Date: July 8, 2005 http://records.ccpa.net/weblink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page I of 1 1, Tbomm Ph B:cm=, Eaquirc, h=by ar-6owledgc that I am the AtW=y for the Plsvatiffs and that I have read the forcgving document; that t4rG arc no new facts of teeord eanWhed in the document; and that the facts stated therein arc true rand as rrect to the best of my knowledge, information and brlief. I undM%nd that 9M false statements h actin are made subject to penaltieS Of 18 ra,GS. SON, reladq to unswom fal sifrc uion to 4uth0r;6eA- '1'boamse R Imnner, Eaqu= Date: July 8s NO ]0;07.1 http://records.ccpa.net/webIink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page I of I i h=by certify thatI am this day serving a copy of the foregoing document upon the petson and in the manner indicated below, which cefvica ®atisfm the requirements of the Peru4vaoia Code, serving by method indicated, to fWiaws; Karl IAldabmd, Ecquife Nemico, Druby & Wdnbrmd 840 Eat Chocolate Avenue Hmhep,?A 17M3 14m fax aad tat rkua mail Systm 1.006cs, B86 Domin Road Hudaan, Vlt 54016 T/k mtw Mau GOLDBERG KA=UAN, P.C. B Thomas B, Brenner, Lagwcc Date, July 8. NOS http://records.ccpa.net/weblink_ext/Imagel) i splay. aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Ex"1 ? I "? 13 Page 1 of 1 &INC GR LCITY srd NATlTMN GNAL QTY LBABWG, snd Cljj,6ggt1„NpCOLM-Y (+$NblMVANEA Plsiral?'t V, No. ca-24H $" STEM L a=C% INC., end CMLACTM - LAW HLI WELAVEI DeEMAMb NO TO: Q M PA, Air Ground t Inc esd Nett tl CM 9YWMt4WWtf¢ l-- Lee&$ 4Sfi4H{iirma ~. ?; 119 c/o 77weuo B smnnr* 8iquim Outdk,Uwl Wi6 Coldb Ar1rat$I 4A PC P'D.9MON HJM#burg, PA 77108.1768 You net hereby nodw oo- plod to W r4oud Amww, New Matter UO C uUdbim wMLtm mrattly (boy days [ram eetVl= hGr%d 9r a deEaulko€Judgmme ouy b GOlVMd ngabut yeu. RopacEfully tubnOtd, LW ILDA1111A", L LF Z DR Hitdabrand, &ga[Yi Altomef I.D. W. Sous Si?BetE ChocoG?xA?t?e Hanlwy, PA 17M (n7) SWOM (719 533-511? (PAX) Athemap fari?eEandanE ElibUotver http://records.ccpa.net/weblink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 AM GROUND BM M DC ; IN 7kM tX7OT OF COMMCN FUM OP a 4 NAMNALCITYLBAMNC, ; wmaRtAt4D cowry, PBNNMVAN[A PLinHEri v. ; NO. 05-E 81'STBkiLOGIigTICg?4?Crand ; OVILACMIN-LAW Si t WBAVEX [fda4onfa ANMW M, tjAW 6d&ML AND CRt]$ M A;M OF, DMISMANT $Lt 4V IER 7, AdiviWd fa part Arfd defoW In pam it lr admitted that Eft Ptafati(f It ALr Crowd Srpmw,Ino. DaftttdaMWeaverlewlthoutknowhdgiovb*rmadoneudiiiantbsforroabellefse to the truth of the amt Writ;averrnarap vet forth to paragraph 1 Amd the avermwta are Om Wont denied. 2. A4nr1ftidinpW4m4Am1dd1tipm, RbradmttWOutPlM11f4Nrt2onaldkyLWing, LtefettdAtft Weaver is withouE knowladat ar [rBarm?tton ruffidant to form Abdlel u m the frulh of IFte mrmikingsweement let forthJn pargpiph2 u4 the&%wv=tn ar Ommforedanlad & AdatlffM Jnput and drrdrdMpot It Ea Admitted &atUfendent Cl Sythm UStiflrr Inc. Defendrrd Wuvar At MLWutknawtedVear Infunutivm ruffti 1wi to form a WW wto the tivtl+ of the remelMng a wmmntr eat forpt IM paragraph S. 4, AdrrfU#4 Second c Dader ae INW. It it epeaca4 dented that the mebdanttn gmdon which oCeurred m or about May Mr M owuried as d*xr Nd in Pled Li ffr Comp6tnt S, Admffted 6. Ahrfttrd M part aad da kO in peat, tt t admHNd that PSefntlff Atr Omund diruck a cow avrrad by 091"Ant ffiI WeA4a• Odudanf Man 6wVJMI knowladgear InformOrm ruffJclemtfo form a balbif at to the truth of the rMalrtnd ivrroitnta art forth (n pan6raph b and Iha ¦vrrmtrn6 Eye thdrdm 4146d, http://records.ccpa.net/weblink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 a AdmatedInpart ftddtviedlsplint. It itiditdWthatDefsndanlP/oftm .egrda collided wltft the mar of the Air Ground Brrpreee YOWL Iaefem Ot wanes 1e withoatkaawledge or ieformaHlon wifbienttofarm ab0Was baths truth of the nonulhing avermenfa eat tvr& to peregmph 8 and the a+6aM" ale tltity 488 dented. 1>r11, No anrwer ragnirtd se Flora SYMM a an d#+cbad to ?aothar party. IZ, The avemieartedputgraphe I Ovattgt1I Leaaafare lnwrpunbed and herds by retl•rCnae. 13, Aeefed: Tkeawsrn¢ntaadperagraph 13 and a ubperesrapha(a) throush (0 are sp*&S 4ydwledandproofthereofisdemandedatttiAl, It, Denew4 TlttavrambofpeugrePt24 anrPWIicr7lydenWACdProof thMOiit daarended attrlel. NEW 0, Flalad(IV41m bbarnedr in whole of In park by the nt filtgann of lto drlver, Y"h" Lutely to the follewing partimlore; L Heoperabedbw vehlclefnmoom of aw poeEed ep"d IimIC h, He operatedblevehicleat aspeed tflofaetfareorrdltbms; C. He wa driving his vehicle !h dw lefWwnd hne who PawWlvch law requdtu Mot heopeme big vehklt In the dlghbhlnd kn% d, Flefagedboahsyhi,vehlefsr4itltin,h¦aeaursddeardbunneheed; He faUedto ttmelnattentiwto randitloaeeladngonor about The rcedway; f. He falled to lakrappropriataaveirw Batton; He lalkd to e„rercW that deSm of eery, mLlion and AM rumanably mgrrlred under all of ft dreunwmacer, - http -.//records.ccpa.net/webiink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 NegllgrM 1.aw. 17. Defeedank Weever atalftlm wourchad reawrable cm for thepe wing ot'Mmarson hda propaw. is. The rowln gveatlan was tekae.ed and/or gimped from MnffspwnLwr through no fault o(Dedendam Weaver. 19. Defmdant Weaver hemdn)odrwOefendant9yetem 14odor, Jr Nrro uatN Pa.R.CT. 2357(d) end wwo that laid Dda dent Is alana Iub]a to the PU[nttffr la ldahk over to the Ialnh; ",or a f ok* or tt4vily Itabla tb LU PJ1inf2ff, for khe reaeoms aDg6ed in FlalntliFs Caexipl><lnt with any lkbaky on the. part odDa "rift Wwwer being epwffkAtty dented, Reepeetl1L0y twbendtted, U9Yi DABRAND,LLP iGairx Iiudakaand, Sgv4e Allamey I.O. No. Bmart INDItatCheeolale Avenge HwAb '/r PA IFM {7k 9? 5C39"lL06 Mmn7 Date, t? Attorney for dafactdant Weaver http://records.ccpa.net/weblink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 L Hit H. W"Va o var* that dK Mtemmto made In the 6a q DOn$ dv wmt us t= wmd wrrect to 6e best of my kngwwgv, WfOrtttatl*M ud belkf, I undrfe?td tfiat falx etadmacib Elanlst ars made "bo to the pendtlae of 18 P4,. Co. 64M4 3416 ft tO unworn felAR-Ho-n to eott ed". A ` /tom P!AfWYF http://records.ccpa.net/webIink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1 / 10/2006 Page 1 of 1 L Kai S, FdildebmmcL d 0% fLw 6frm of Neadm Dru6y A Iiiidai =4 L,LY,, humby tortily tltRt or Ohl ?? doy of 70M a copy of the fgnvtmg dmm4mt wea rent vto PIMOVIU8.Al4paodeepma,t)a 6ollewing. , '[boom & Samw, Eequhe 9ysim Cagfaffm, Lw- P,{0, Sax 1265 Omui, Wf 5wit F"zb6ur$, PA IM M169 ? `l IL }i9dabrand http://records.ccpa.net/weblink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 YEytO-CA77ON 4 Eli Weaver, vetffy life! the etafemenle made fn the fWe9Cbg documecl as trice W =Md to the beet al my knowledge, lnformatlon, and belief, l urderftrid that files etataatenta hec+elyfve mode oubjErt to the penaltlev *115 Pa. C.9 JON m"thkg tourwWUM fa14fieed6ft bo eutharW". DO: L- A 6j( W"Ver http://records.ccpa.net/weblink_ext/lmageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 CERTIFICATMO &M CI AND NOW, thil A, day of Auguet, 2405, I, KeM R. Hlldabrand, Esqulre, a the law Rrm Naathoo, ar uby & Hlldabrand, LLP, hereby certify that 1 sorved a true and exact copy of the foregoing document upon tho following persons and In the fokwing manner; By First Claaa Mull. RglUal Pre-oald; Thonm R 3=m w. $equira Galdberj & Kw z=, P.G P.O. Box 1266 Harilirkr& PA 1710&1263 System LQ04w. iav. 4362 KIIIa WC Oneida, WI 5U16 NE ST100, DRUBY & HILMAIRRANR, I.L.P. Car! R. Hlldshrond http://records.ccpa.net/webIink_ext/ImageDisplay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 Page 1 of 1 http://records.ccpa.net/weblink_ext/ImageDispIay.aspx?cache=yes&sessionkey=WLImage... 1/10/2006 EX) \ ?6 - c cIct, 21 2CC5 10,57AM No, 4M .r, to . 7 VCH LOa1STICS CORPORATION, : IN THE COURT OF COMMON PUW pBA, SYSTEMS LOGISTICA : CUMBERLAND COUNTY, PA Plsiutiff V. : NO, 03-2493 TsJ.I WEAvm g&et : CM ACTION - LAW v, AIR GROUND BJiPRE93, ;NC., and NATIONAL CITY LMM O AddWwad is p 11 ?W ,4 G7 L? N NO'I'tCE YOU HAVE BEEN SUED IN COURT. Ifyiou wish to &4md apiot the dlaim a* forth In dw followiq p qo% you:nust take action v iWn "noty (70) days aft this Complaint ad Notice an sasv4 by entetiap; a written qpmuw pewo=Uy at by onaW and i in wrinng with the cotat your dew or objecdone to the dlWw act forth agaiwtst you. You are wamcd that if -= idl to do so the casemW p wA*d wl&M you and a judga sm any be entered agAw you by the cow whbout Bober nodoe Ibr aay mmy claimed in to complaid or tr wW of = cWn or relief requested by tk plaints You May lose money or pmpetty or Dolor risbts Impottaw to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER4130 TO OR TELEPHONE TfM OFFICE SBT FORTH BELOW. TH6S OFFICE OW PROVIDE YOU MM INFORMATION ABOUT IiMNO A IAWM . IF YOU CANNOT AFFOP0 TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WM INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE:, TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE. PA 17013 717-249-3166 0c t. 21 2005 10: 57AM NO, 4U17 r. I I TECH Lt10GL4TICS CORPORA TMN. ; Al THE COURT OF COMMON PLEAS DBA, Symms L00377c9, : CUMSMU AM COUNTY. PA Plalatlff v. : NO, 05-2493 ELI WEAVER, Deftdw : CrVIL AC11O`N -LAW Y, Ant GROUND E X?MS, INC., and NATIONAL CITY LfiASM Addidong Deoduts: 1. Plaintiff Twh Lc ghdos Corpor6on, Wa! Symms I.agistlcb, Sled a CompWw on July 11, 20051 Mast Ddendant Weaver, aeeldng pmpGrW damages midag OW Of a motet vehicle a ddai v/hich occu nW on Maur 16, 2003. AttaAW marked a 1% PxWVts "A" sad "B" respa abve?y sand 3no0tp0r&ted 1c= by rof5mw are a copy of said ComplaWt and DefbndeW Answer with New Mstter. 2, Additional Deft txWd Air Ground Eaepres9, Inc. is a bullml entity whh art add= of P. O. Box 4313, Clinton, Alkgiscny Cats*o Pent sYlvaaia 15626. 3. Addltiong Defendant Natiot:si CRY Leasing is a bwinass entity, regularly conducting business is the state of?wmsyly * and is located at 101 Soutb Fifth StmK Louisville, XY 40202. 4. At the time of the. sccideat alleged in Plalnffs Complal% sdd dwal Defendants' vehicle vim operatad by its agent; sarvant, and employee Yevheny Lutsiv, who was acting in the course and scope of his ampicymatt Mth said additional Defnts, 5. D_ dint bemin joW said sddWoa Delf--dA^ts pursuit to PgLLC.P, 2252(b) and asserts that said additional Deftdatrts are atone liable to the Plaittt3f'f, as liable over Oct. 71. 2005 10:57ANi No. 4025 "N. 10 r to the joinAg party, or ate jointly of Severally liable to the pwnde, Wilk IV pai ility on t: 6. Any berm sis Waed by ft ?bid which is denied, was cau.9ed, in whole of is the part of ft DeftdaM being specifically denia& part; by the neglanea of additional Defendants' drivar' for whom they = viodously liable, fm the following rtegftwt acts, a. He operaotd buis VeWW in Secrets of the poOd speed limit; b. He operam d, his vehicle at a speed too fast for conditloas; c. He was driving hie vehicle in the felt-hand lane when Pennsylvania law requires that be olxrate bas vehicle in the right-band lane; d lie failed 1 o stop his vahiele within the am-ed clear distmee ahmad; e. He failed to remain agative to conditions etcieyting on or about the MWVVay; £ He failed to take approp tete evasive acdon; e g- He failed to exereise that degree of am, caution, and skill tcaeou* required under all of the cimumstences. WHEREFORE, Defends m Weaver herein joins Alt GMund Express, Inc. and National City Leaving sa additional Defendants pursuant to PLR,C.P. 2252(b). NL3TIC0, DRUBY & HILDAHRAND, LLP R Hildebrand, R gWre Atmmcy J.D. No, 30102 844 East Chocolate Avenue Hershey, PA 17033 (717)533-$406 (717) 333-5717 {FAX} A.ttvmey for DefendM Weaver Oct-21. 2005 11:09AM No.4UZh N. 5U 4 ? Thanm & BSL'f ner, Esquire Goldberg K==n, p_C. PO Bos 1268 H=dsbuxg, PA 17108-1268 717-Z34-4161 Attoamps for PWndffs AIR GROUND EXPRESS: INC. : IN THE COURT OF COMMON PLEAS and NATIONAL CITY LEASING, : CUMBERLAND CO., PENNSYLVANIA Plaintiffs : NO- 05-2450 4 ' CIVIL ACTION - LAW SYSTEM LOGISTICS, INC:., and a ELT. WFAVER, Defendants N-OTICF YOU HAVE: BEEN SUED IN COURT. If you wish to defend against the claims set'forth in the followitigpages, you must take action within twenty (20) days aftex this Complaint and Notice ase sezved, by entering a written appearance personallp or by attorney'and filing in'writingwith the Court your defenses or objections to the claims set forth against you.. You are ww-,uned that if you fast 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 zequested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE IMS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A I.AtiVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Curnbe,dand County Bas Associations 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Oct 21. 2005 11:09ANI NOTICIA N^- 4M V. 7u Le ban demandado a usted en la torte. Si usted quiere defenderse de estas derlandas expt3e:stas en 12s eaghm goentes, usted tsene viente (20) digs de plazo al pardr de la fecha de la dwwnda y Ia notification. Usted debe presentas una apatiencia escrita o en persona o por i,)ogado y arclaivar en la Corte en forma escrita sus defenses o sus of jectiones a las denu.ndas en contra. de su persona. Sea adisado qua si usted no se defmde, la sin previo avito o notification y por cualquier quia o puede perdet dinero o sus propiedades o otros desecbos impor=tes pare usted. LLEVE ESTA DMA NDA A UN AB OGADO IMIODIATANMNTE. SI NO TIENE ABOGAD O O Sx 1ti O'I'IENE EL DINERJ SLTFICTENTEDE PA,GAR TAL SERVICIO, VAYA EN PERSONA O LLA,NIE POR TE FONO A LA OFICINA. CUYA DMECCION SE ENCUENTxA. ESCRITA ABAJO PARA AVERIGUAR _ DONDE SE PUEDE CON SEGUTR ASISTENCIA LEGAL. Lawyer Referral Service Cumberlaud. County Bar Association 2 Liberty Avenue Cadisle, PA 17013 717-249-3166 Oct, 2?. 2005 11; 09AM 1 1* . No. 4015 V. 60 'Momn E. Bce =r, Esquire Goldbog Katzman, P,C PO Box 1268 F3arrisbur& PA. 17108-1268 7172344161 Attomeys foc Plaintiffs AIR GROUND EXPRESS, INC. : IN TIDE COURT OF COMMON PLEAS and NATIONAL CITY LEASING, : CUMBERLAND CO., PENNSYLVANIA Plaintiff.; : NO. 05-2450 V. : CIVIL ACTION - LAW SYSTEM LOGISZTCS, ING, and PIJ WEAVER, Defendants COMPLAINT AND NOW, comes P13intiffAir Ground Express, Inc. and National CityLeasing, 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, Linton, Allegheny County, Pennsylvania 15026 2. Plaintiff Nation--d City Leasing, is the owner of the tractor-trailer involved in the accident that was being, Ieased to Plaintiff Air Ground Express and is locatcd at 101 South Fifth Street, LouisNiUe, Kentucky 40202. 3. Defendant, System Logistic, Inc., is a business entity located at 4362 Hillerest, Oneida, Wisconsin !4016. 4. Defendant, Eli Weaver is an adult individual residing at 645 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania 17240. Cct.21. 200E 11:09AY No. 4M r. 0 I 4. The events hereinafter described arise from damages sustained to Air Ground Express' tractor trailer as a result of an accklent-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 NewvMe, Cumberland County, PA. 6. Plaintiff Air G::ound struck a cow, owned by Defendant M Weaver, that had wandered onto the Turnpike. 7. Defendant System Logistic was traveling eastbound in the left 12ne on the PA Turnple in Newville, Cumberland County, PA behind the Air Ground truck. 8. As Plaintiff Air Ground slowed in the left lase, Defendant System Logistic 1 struck the Plaintiffs in the rear of the tractor trailer. COUNTI Plaintiffs Air Ground Express, Inc. and National City Leasing v. aef endant System Lggistics, Inc. 4. The averments of paragraphs 1 through S are incorporated herein by 4efetence. 10. Defendant System Logistics, Inc., through their driver, was reckless, careless and negligent in: a. ia.A ng to rnainmin a safe driving distance behizfd Plaintiff; b. failing to ,low down to avoid hitting the Plaintiff; C. driving at an excessive speed; and No 4U17 Oct. 21, 2005 11:10AN r dL d faling to be able to stop wkhin the assured clear distance ahead. 11. As a dkect result of Defendant System Logistics, Inc, negligence, recklessness or carelessness, Plaintiffs sustained damages to the rear of the tmctoit trader in the amount $8,070-00. WHMFORE, Plaa)tiffs Air Ground Express, Inc. and National City Leasing demand judgment against D. Pendant System Logistics, Inc. in the amount of $80070.001% topther with interest and cast of suit. COUNT II Plaintiffs Air Ground Express, Inc. and National City Leasing v, ]1efMdant Eli Wesuer 11 The averments of paragraphs I though 11 are incorporated herein by. reference. a Defendant Eli Weaver vas reckless, careless and ngOl t uz: a, failing to properly secure the cow on his property; b. a] outing the cow to wander away from the pasture and onto the: PA Tumptle; and c. famg to notice that the cow had wandered outside the pa,tare. 14. As a direct rest1t of Defendant Eli Weavez's System Logistics, Inc,'s recklessness, carelessness, and ,negligence Plaintiffs sustained damages to the front of the tractor in the amount $14,164.52. Oc t. 21. 2005 11:10AM No 4U2 V. DJ WHEREFORR, Plaintiffs Air Ground FVress, ,Inc. and National City Leasing demands judgment against Defendant EIi Weaver in the amount of;14,164.52, togethez with interest and cost of suit GOLDBERG KATZMAN, P.C. By: nomas E. Brenner, Esquire A-ttomey ID #32085 Cady j. Wismex, Esquire Attoaiey ID # 92598 PO Box 1268 Hutxisbu rg, PA 17108-1268 717-234'-4161 Attorneys for Plaintiff Data TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2493 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Angela Zilla, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this I '14 ?-day of August, 2007, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Karl R. Hildabrand, Esquire NESTICO DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Melanie M. Irwin, Esquire WILLMAN & ARNOLD, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 (? w Angela Zill ?.J t'z r.... ; Tt G7 j V AUG 10 2001 A AIR GROUND EXPRESS, INC, : IN THE COURT OF COMMON PLEAS OF and NATIONAL CITY LEASING : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 05-2450 SYSTEM LOGISTICS, INC and ELI WEAVER, CIVIL ACTION LAW Defendants 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 V CIVIL ACTION - LAW ORDER AND NOW, this day of August, 2007, upon consideration of the Stipulation for BY 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. J. Ir C, ! :8 WV L I N tell cc: Karl R. Hildabrand, Esquire Thomas E. Brenner, Esquires Matthew L. Owens, Esquire Melanie M. Irwin Esquire ?" AIR GROUND EXPRESS, INC, : IN THE COURT OF COMMON PLEAS OF and NATIONAL CITY LEASING : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs ; o'Ia!o7 Thls ... f.:..:...... day of.... > :......... N STIPULATION FOR CONSOLIDATION OF ACTIONS 1. Both of the above captioned actions arise out of a motor vehicle accident which v. : NO. 05-2450 SYSTEM LOGISTICS, INC and ELI WEAVER, : CIVIL ACTION LAW Defendants TECH LOGISTICS CORPORATION, DBA, SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant V. AIR GROUND EXPRESS, INC., and NATIONAL CITY LEASING Additional Defendants TRUE COPY FROM RECORD In Testimony whereof, I here unto sat my hand and the seal of said Court at Carlisle, Pa. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 05-2493 CIVIL ACTION - LAW 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. r 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,(;t 4 /o? Z?f- CBy ? y Carl. 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 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 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 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 B Meanie M. Irwin, Esquire Willman and Arnold LLP 705 McKnight Park Drive 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 AUG 81200 TECH LOGISTICS CORPORATION, IN THE COURT OF COMMON PLEAS DBA SYSTEMS LOGISTICS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-2493 V. CIVIL ACTION -LAW ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants PROPOSED ORDER AND NOW, this ? day ofAucaJ&' , 2007, upon consideration of the Motion of AirGround Xpress, Inc. and National City Leasing, said Motion is hereby GRANTED and all counsel are directed to attend a status conference on Oat 2007, in the chambers of d rWy&: r ? *' 3 and to bring with them their calendars so that appropriate case management deadlines can be set J. 63 :Z bid LZ 9nV LODZ -314,k -1- - . lid TECH LOGISTICS IN THE COURT OF COMMON PLEAS OF CORPORATION, DBA CUMBERLAND COUNTY, PENNSYLVANIA SYSTEMS LOGISITCS, Plaintiff V. ELI WEAVER, : NO. 2005 - 2493 CIVIL TERM Defendant 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. ?C ence E. Ging, Esquire arl A. Hildabrand, Esquire ;/?Janie M. Irwin, Esquire /Matthew L. Owens, Esquire Edward E. Guido, J. i 10 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN Timothy J. McMahon, Esquire I.D. No. 52918 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3505 Attorneys for Defendant. Air Ground Xpress, Inc. TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2493 CIVIL ACTION -LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned as counsel on behalf of the Defendant, Air Ground Express, Inc., with respect to the above-referenced matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN n n ?-- I DATE: BY: TIMOTHY J. ,VVMjiON, ESQUIRE I.D. No. 52918 vV 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3505 Attorney for Defendant Air Ground Express, Inc. 05/460163.v 1 MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN BY: Matthew L. Owens, Esquire I.D. No. 76080 4200 Crums Mill Road Harrisburg, PA 17112 (717) 651-3501 Attorneys for Defendant Air Ground Xpress, Inc. TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff V. ELI WEAVER, Defendant AIR GROUND EXPRESS, INC. and NATIONAL CITY LEASING, Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2493 CIVIL ACTION -LAW WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of Defendant, Air Ground Express, Inc., in the above captioned case. BY: /k__ Matthew L. Owens DATE: `a? . rr CERTIFICATE OF SERVICE I, Cindy Sowers, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this}"I ''day of February, 2009, served a copy of the foregoing Entry of Appearance via First Class United States mail, postage prepaid as follows: Karl R. Hildabrand, Esquire NESTICO DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 Thomas E. Brenner, Esquire GOLDBERG KATZMAN 320 Market Street Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Ronald J. Richert, Esquire Melanie M. Irwin, Esquire WILLMAN & ARNOLD, LLP 705 McKnight Park Drive Pittsburgh, PA 15237 Cindy So C ^ rn jP ?? - C ) : 27 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TECH LOGISTICS CORPORATION, DBA SYSTEMS LOGISTICS, Plaintiff, CIVIL ACTION - LAW NO. 05-2493 V. ELI WEAVER, Defendant, PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark this action as settled and discontinued. WILLMAN & SILVAGGIO, LLP Date: June -0-1 2009 BY: Pmldo- 96t Ronald J. Rich , Esquire PA ID No. 88317 Counsel for Plaintiff, Tech Logistics Corporation 705 McKnight Park Dr. Pittsburgh, PA 15237 412-366-3333 E C f ?','} ?, `_ i..?