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HomeMy WebLinkAbout05-3938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JED EXPRESS LIMITED RR #1 South Mountain Ontario, Canada, KOE-1WO Plaintiff v. NO.: DS' - ,jq:Jf c. ~ t.L 'tEJL~ ELIZABETH EISENSTEIN 115 S. Franklin Street Harrisburg, PA 17109 CIVIL ACTION - LAW ARBITRATION and LYLE R FELTY 14 Sunrise Court Lebanon, PA 17046 and WEBSTER TRUCKING 100 Blue Mountain Park Drive Harrisburg, PA 17102 Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons upon Defendants, Elizabeth Eisenstein, Lyle R. Felty and Webster Trucking, in the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: July 28, 2005 ~ Thomas S. Brumb u Attorney 1.0. No.: P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com , ' ;v () ~ \l r:- Ift ~ 1Il ~, ,-":;.~l () '.::':::J ..... l/) C]l -n r-- ':::::: , -' ~ w 0 t,'. C> - ~ , G ~ r"~~ 1J ~ f -,. . , -... :E: (:..:,; c. --..( c:. WRIT OF SUMMONS TO: ELIZABETH EISENSTEIN 115 S. Franklin Street Harrisburg, PA 17109 and LYLE R. FELTY 14 Sunrise Court Lebanon, PA 17046 and WEBSTER TRUCKING 100 Blue Mountain Park Drive Harrisburg, PA 17102 YOU ARE HEREBY NOTIFIED THAT JED EXPRESS LIMITED HAS COMMENCED AN ACTION AGAINST YOU. Date: fJ. 9 ;;1, ~DDS By: Deputy JED EXPRESS LIMITED Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ELIZABETH EISENSTEIN, LYLE R. FELTY, and WEBSTER TRUCKING Defendants NO.: 2005-3938 - CIVIL CIVIL ACTION - LAW ARBITRATION PRAECIPE TO RE.ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Please re-issue the Writ of Summons as to Defendant, Elizabeth Eisenstein, a copy of which is attached hereto, at the following address: Elizabeth Eisenstein 4076 Fawn Drive Harrisburg, PA 17112 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: September 16, 2005 c- Thomas S. Brumbaugh" ... quire Attorney J.D. No.: P. _037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com o ~ ~ ;~r' -(-,,,or' ,-Y'.I....\ .~7' ',' f);:;i::_ .-".~ ~ ~ ~ "'" q, ~~ - ~~-' "p ':1- ~\ on -0 ~7:f'1' ~~ 6 = ~ {'-, .. .::- 0' ,"'> ~:;lt::: ").yC" 3. ~ ------- WRIT OF SUMMONS TO: ELIZABETH EISENSTEIN 115 S. Franklin Street Harrisburg, PA 17109 and LYLE R. FELTY 14 Sunrise Court Lebanon, PA 17046 and WEBSTER TRUCKING 100 Blue Mountain Park Drive Harrisburg, PA 17102 YOU ARE HEREBY NOTIFIED THAT JED EXPRESS LIMITED HAS COMMENCED AN ACTION AGAINST YOU. Date: (fu..J:j ::2.;}'OCJ-S Prothono By: Deputy TR~dE (~f)P\;f ~~~:~rjtr1,~ REC~)t'l~J In Ta:;;."f:v'::X~~1' ~ fi~~i ~'~:~;d ~;~;Z~;~l,'S~ ",liL".t. , ------ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JED EXPRESS LIMITED VS EISENSTEIN ELIZABETH ET AL R. 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 DEFENDANT , to wit: EISENTEIN ELIZABETH but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 31st , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 37.25 1.11 75.36 08/31/2005 THOMAS THOMAS So ans",EO..r&-:<C' / .... .. ~;;;~.~>"~....... R. Thomas Kline ~ Sheriff of Cumberland County ./ HAFER Sworn and subscribed to before me this J-t <200 S- day of Stfl0wlur (1(~LJ I pro~W In The Court of Common Pleas of Cumberland County, Pennsylvania JED,EXPRESS LIMITED VS. ELIZABETH EISENSTEIN, ET. AL. SERVE: ELIZABETH EISENSTEIN No. 2005-3938 CIVIL Now, 8/5/05 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~R Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me thiS_day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ -- ,~~5~ /--:J-- ) .2) -'iI I; .'~, , , @ffb:e of tqe ~4e:riff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W, Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JED EXPRESS LIMITED VB County of Dauphin EISENSTEIN ELIZABETH Sheriff's Return No. 1419-T - -2005 OTHER COUNTY NO. 2005-3938 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for EISENSTEIN ELIZABETH the DEFENDANT named in the within PRAECIPE FOR WRIT OF SUMMONS/SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, August 17, 2005 NOT SERVED MOVED 3 MONTHS AGO Sworn and subscribed to So Answers, Jf~ before me this 17TH day of AUGUST, 2005 Sheriff of Dauphin County, Pa. ~4J By NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1,2006 Deputy Sheriff Sheriff's Costs:$37.25 PD 08/09/2005 RCPT NO 209560 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JED EXPRESS LIMITED VS EISENSTEIN ELIZABETH ET AL R. 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 DEFENDANT , to wit: FELTY LYLE R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LEBANON County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 31st , 2005 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge Dep Lebanon County 6.00 9.00 10.00 125.55 .00 150.55 08/31/2005 THOMAS THOMAS So answers: __'"'? ,....../ ~ - ~::;t:-~~.-: R. Thomas Kline Sheriff of Cumberland County ./ HAFER Sworn and subscribed to before me this ~ day of ~f ~h.e,r r2.00:) A.D. ) (,~ -IuThe Court of Common Pleas of Cumberland County, Pennsylvania JED EXPRESS LIMITED VS. ELIZABETH EISENSTEIN, ET. AL. SERVE: LYLE R. FELTY No. 2005-3938 Civil Now, R I", In", . . , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~~ Sheriff ofCumherland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE :tvfILEAGE AFFIDAVIT $ $ WRIT OF SUMMONS No. 05-3938 Lebanon, P A August 18, 2005 Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 JED EXPRESS LIMITED Thomas S. Brumbaugh, Esquire THOMAS, THOMAS & HAFER, LLP P.O. Box 999 Harrisburg, PA 17108 (717) 441-7060 Vs. Docket Page 22473 LYLE R. FELTY COMMONWEALTH OF PENNSYLVANIA ) ) ss: COUNTY OF LEBANON ) Ferdinand J. Sammer, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within WRIT OF SUMMONS upon LYLE R. FELTY, the within named DEFENDANT, by handing a true and attested copy thereof personally to AMIE FELTY, Wife and Person in Charge, on August 17, 2005, at 9:03 P.M., at 14 Sunrise Court, Lebanon (Bethel Township), Lebanon County, Pennsylvania, and by making known to her the contents of the same. '.nlM[HnIJ '7[f/.!(6tv , Notary Public SO AN?/-W . RS L- /... -",&/ i{ ..Ir. ...;~~.. ,1j# DEPUTY SHERIFF ~/".~ri),dJ _Gj) SHE FF Sworn to and subscribed before me this 18th day of August, A.D., 2005 H "-'--'---'1 NOTARIAL SEAL Mil:"V(lD.n Rakow, !\'otary Pubu.c C:y'of lKbJl,OIl, U:,t'aDCD ~:~u_!':!~ I ~,.f .,,~~ :_":;::fC~ LSS :i) J.) r)::!~::1:":- .~ .:' 2~);F) 1 - ...-----' SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced costs, Pd., Check #113169, Receipt #55631 Costs incurred: Balance Due Amount $100.00 Amount $125.55 Amount $ 25.55 All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings. or any party liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20.1911, P.L. 1072 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JED EXPRESS LIMITED VS EISENSTEIN ELIZABETH ET AL R. 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 DEFENDANT , to wit: WEBSTER TRUCKING but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On August 31st , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 08/31/2005 THOMAS THOMAS So answe=!'!>-'-7 ....,___/ -/~2,-~~~.? R.' Thomas Kline Sheriff of Cumberland County HAFER Sworn and subscribed to before me day of Se, {u1f.hd AD7~ hJJ ~~'~9 ary this ,). ( d-DrJ s" In The Court of Common Pleas of Cumberland County, Pennsylvania 0ED EXPRESS LIMITED VS. ELIZABETH EISENSTEIN, ET. AL. SERVE: WEBSTER TRUCKING No. 200S-1918 Civil Now, "'/5/05 , !, SHERIFF OF CUJ\1BERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @iib:e of tIre ~4eriff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JED EXPRESS LIMITED vs County of Dauphin EISENSTEIN ELIZABETH Sheriff's Return No. 1419-T - -2005 OTHER COUNTY NO. 2005-3938 CIVIL AND NOW:August 15, 2005 at 9: 30AM served the within PRAECIPE FOR WRIT OF SUMMONS/SUMMONS upon WEBSTER TRUCKING by personally handing to JIM ROB - ADMIN DIRECTOR 1 true attested copy(ies) of the original PRAECIPE FOR WRIT OF SUMMONS/SUMMONS and making known to him/her the contents thereof at 100 BLUE MOUNTAIN PARK DRIVE HARRISBURG, PA 00000-0000 Sworn and subscribed to So Answers, ?f~ before me this 17TH day of AUGUST, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 Sheriff of Dauphin County, Pa. ~-~h-;pLi~ By ~ Deputy Sheriff Sheriff's Costs: $37.25 PD 08/09/2005 RCPT NO 209560 ~A/ HOPKINS JED EXPRESS LIMITED R.R. #1 South Mountain Ontario, Canada, KOE-1WO Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: ()S -J<t.3f (!/0~L~E/L~ CIVIL ACTION - LAW ELIZABETH EISENSTEIN 115 S. Franklin Street Harrisburg, PA 17109 ARBITRATION and LYLE R. FELTY 14 Sunrise Court Lebanon, PA 17046 and WEBSTER TRUCKING 100 Blue Mountain Park Drive Harrisburg, PA 17102 Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons upon Defendants, Elizabeth Eisenstein, Lyle R. Felty and Webster Trucking, in the above-captioned matter. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~~~~;~ Attorney 1.0. No.~9037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Date: July 28, 2005 WRIT OF SUMMONS TO: ELIZABETH EISENSTEIN 115 S. Franklin Street Harrisburg, PA 17109 and LYLE R. FELTY 14 Sunrise Court Lebanon, PA 17046 and WEBSTER TRUCKING 100 Blue Mountain Park Drive Harrisburg, PA 17102 YOU ARE HEREBY NOTIFIED THAT JED EXPRESS LIMITED HAS COMMENCED AN ACTION AGAINST YOU. Date: JJ'Nf;} J..CDS , P~oct1..~ By: Deputy "-- TRUE CO?V FF;OM RECORD In Ie""'"'''''' "...... 'I' .. .;11)<tv;", i" ,''';. '1(;:r \"p'-.,.~ ~~n~J'lI',"7- '''.Hl h~''''lrl ... ' .. , .... "'J ' ,t.."\,, '''''''',,-. '>l".;" I;ni., n.jO.',} ::~~;:'''~2''''.~;~ o~ ,?;!. K f , otl10l10!Bry Thomas S. Brumbaugh, Esquire Attorney I.D. No. PA 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbauhtthlaw.com JED EXPRESS LIMITED Plaintiff At/orne s for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 2005-3938-CIVIL ELIZABETH EISENSTEIN, LYLE R. FELTY, and WEBSTER TRUCKING Defendants CIVIL ACTION - LAW ARBITRATION NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by 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 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP ~ ~ Thomas S. Brumbaugh,~.E ire Attorney I.D. No.: PA P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com Date: October 14, 2005 Thomas S, Brumbaugh, Esquire Attorney I.D, No, PA 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street p, 0, Box 999 Harrisburg, PA 17108 (717}441-7060 e-mail: tbrumbauhtthlaw.com JED EXPRESS LIMITED Plaintiff At/orne s for PlainUff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO,: 2005-3938-CIVIL ELIZABETH EISENSTEIN, LYLE R FELTY, and WEBSTER TRUCKING Defendants CIVIL ACTION - LAW ARBITRATION COMPLAINT 1, Plaintiff, JED Express Ltd" is a corporation with a principal place of business at RR #1 South Mountain, Ontario, Canada, KOE-1WO, 2, Defendant, Elizabeth Eisenstein, (hereinafter "Eisenstein") is an adult individual, with an address of 4076 Fawn Drive, Harrisburg, Dauphin County, Pennsylvania 17112, 3, Defendant, Lyle R Felty (hereinafter "Felty"), is an adult individual, with an address of 14 Sunrise Court, Lebanon, Lebanon County, Pennsylvania 17046, 4, Defendant, Webster Trucking (hereinafter "Webster"), is a corporation, with a principal place of business at 100 Blue Mountain Park Drive, Harrisburg, Dauphin County, Pennsylvania 17102, 5. At all times relevant hereto, Defendant, Felty, was an agent and/or employee of Defendant, Webster, and was acting within the course and scope of his employment with Defendant Webster. 6. On or about April 16, 2004, Edward Hall, an employee of Plaintiff, was operating a 2000 Freightliner tractor, with a 2000 Stoughton trailer, northbound on Route 83, in the left lane of travel, in the area of exit 43, Lemoyne Borough, Cumberland County, Pennsylvania. 7. On the same date, Defendant, Eisenstein, was operating a 1992 Honda Civic northbound on Route 83, in the center lane of travel. 8. On the same date, Defendant, Felty, was operating a 2001 Mack 1100 tractor, owned by Defendant Webster, in the course and scope of his employment. 9. Defendant, Felty, was operating the 2001 Mack northbound in the center lane of Route 83, behind Defendant Eisenstein. 10. Defendant, Eisenstein, abruptly slowed and/or stopped her vehicle in the center lane of travel. 11. Defendant, Felty, struck Defendant, Eisenstein's vehicle in the rear, and then veered to the left, striking Plaintiff's trailer. 12. At all times relevant hereto, Defendants owed a duty of care to Plaintiff, to maintain proper control of their vehicles. 13. Plaintiff is an innocent victim, and exercised due diligence while operating its vehicle. 2 COUNT I JED Express v. Elizabeth Eisenstein 14. The averments in paragraphs 1 -13 are incorporated herein by reference as if set forth in their entirety. 15. Defendant, Eisenstein was negligent in: a. Improperly slowing and/or stopping her vehicle on a highway; b. Failing to maintain a proper lookout while operating her vehicle; c. Failing to have her vehicle under proper and adequate control under the circumstances; d. Failing to provide adequate warning that she was going to stop and or slow her vehicle on the highway; e. Failing to drive in the right lane when proceeding at less than the normal speed of traffic as required by 74 Pa.C.SA 93301; 1. Creating a traffic hazard; g. Failing to slow and/or stop her vehicle in a safe manner; and h. Driving carelessly in violation of 75 Pa.C.SA 93714. 16. As a direct and proximate result of Defendant, Eisenstein's negligence, Plaintiff sustained damages to its 2000 Stoughton trailer in the amount of US$9,131 ,94. 17. As a direct and proximate result of Defendant, Eisenstein's negligence, Plaintiff lost the use of its 2000 Stoughton trailer. 18. As a direct and proximate result of Defendant, Eisenstein's negligence, Plaintiff incurred costs to rent a replacement trailer, in the amount of CAN$1 ,284.00. 3 19. As a direct and proximate result of Defendant, Eisenstein's negligence, Plaintiff incurred costs and expenses to recover and repair the damaged trailer in the amount of CAN$2,926.00. WHEREFORE, Plaintiff demands judgment against Defendant, Eisenstein for an amount not in excess of the jurisdictional amount requiring arbitration, plus interest, costs and delay damages. COUNT II JED Express v. Lvle R. Felty 20. The averments in paragraphs 1 - 19 are incorporated herein by reference as if set forth in their entirety. 21. Defendant, Felty was negligent in: a. Operating his vehicle at a high rate of speed under the circumstances; b. Failing to maintain a proper lookout while operating his vehicle; c. Failing to have his vehicle under proper and adequate control under the circumstances; d. Failing to maintain an adequate distance from the vehicle in front of his vehicle; e. Failing to maintain and assured clear distance; f. Traveling too fast to stop within his assured clear distance; g. Following too closely in violation of 75 Pa.C.SA 93310; h. Failing to stop before striking Plaintiffs vehicle; i. Failing to stop in a safe manner; 4 j. Making an improper lane change when it was not safe to do so; k. Driving carelessly in violation of 75 Pa.C.SA 33714 22. As a direct and proximate result of Defendant, Felty's negligence, Plaintiff sustained damages to its 2000 Stoughton trailer in the amount of US$9, 131,94. 23. As a direct and proximate result of Defendant, Felty's negligence, Plaintiff lost the use of its 2000 Stoughton trailer. 24. As a direct and proximate result of Defendant, Felty's negligence, Plaintiff incurred costs to rent a replacement trailer, in the amount of CAN$1 ,284.00. 25. As a direct and proximate result of Defendant, Felty's negligence, Plaintiff incurred costs and expenses to recover and repair the damaged trailer in the amount of CAN$2,926.00. WHEREFORE, Plaintiff demands judgment against Defendant, Felty for an amount not in excess of the jurisdictional amount requiring arbitration, plus interest, costs and delay damages. COUNT III JED Express v. Webster Truckina 26. The averments in paragraphs 1 - 25 are incorporated herein by reference as if set forth in their entirety. 27. Defendant, Webster was negligent in: a. Failing to properly train and instruct its driver in the proper manner of operating its vehicles. b. Failing to properly test, train and supervise the operation of its vehicles; 5 c. Hiring and retaining a driver whom it knew or should have known did not exercise the degree of care necessary for the safe operation of his vehicle; and d. Permitting Defendant, Felty, to operate its vehicle, although it knew or should have known, that he was negligent in the operation of motor vehicles. 28. As a direct and proximate result of Defendant, Webster's negligence, Plaintiff sustained damages to its 2000 Stoughton trailer in the amount of US$9,131 ,94. 29. As a direct and proximate result of Defendant, Webster's negligence, Plaintiff lost the use of its 2000 Stoughton trailer. 30. As a direct and proximate result of Defendant, Webster's negligence, Plaintiff incurred costs to rent a replacement trailer, in the amount of CAN$1,284.00. 31. As a direct and proximate result of Defendant, Webster's negligence, Plaintiff incurred costs and expenses to recover and repair the damaged trailer in the amount of CAN$2,926.00. WHEREFORE, Plaintiff demands judgment against Defendant, Webster for an amount not in excess of the jurisdictional amount requiring arbitration, plus interest, costs and delay damages. COUNT IV JED Express v. Webster Truckina 32. The averments in paragraphs 1 - 31 are incorporated herein by reference as if set forth in their entirety. 6 33. At all times relevant hereto, Defendant, Webster, employed, controlled, directed and/or supervised the conduct and activities of Defendant, Felty. 34. Defendant, Webster, is vicariously liable for the conduct and actions of its employee, agent or servant, Defendant, Felty. WHEREFORE, Plaintiff demands judgment against Defendant, Webster for an amount not in excess of the jurisdictional amount requiring arbitration, plus interest, costs and delay damages. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: October 14, 2005 Thomas S. Brumbaugh" Attorney I.D. No.: P P. O. Box 999 Harrisburg, PA 17108 (717)441-7060 e-mail: tbrumbaugh@tthlaw.com 7 VERIFICA nON I, i::;lJ DfJ.vC!N ,'verify that I am an authorized representative of the Plaintiff in the foregoing action and that the attached document is based upon the information which has been gathered by me, my counsel and/or others on my behalf in preparation of this lawsuit. The language of the document is that of counsel and is not mine. I have read the document, and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the contents of the document are that of counsel, I have relied upon counsel in making this verification. I understand that statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications made to authorities. Date:~ &'/0 S- f - GO D L(~ CERTIFICA TE OF SERVICE AND NOW, this 14th day of October, 2005, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Elizabeth Eisenstein 4076 Fawn Drive Harrisburg, PA 17112 Lyle R. Felty 14 Sunrise Court Lebanon, PA 17046 Webster Trucking 100 Blue Mountain Park Drive Harrisburg, PA 17102 THOMAS, THOMAS & HAFER, LLP .-"", "-, Thomas S. Brumbaugh../ / / ~_./ ,'> '-'7'\ (':-' , ._d, _J .- .~ r:; f" -- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03938 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JED EXPRESS LIMITED VS EISENSTEIN ELIZABETH ET AL R. 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 DEFENDANT , to wit: EISENTEIN ELIZABETH but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On October 6th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County Postage 18.00 9.00 10.00 37.25 .74 74.99 10/06/2005 THOMAS THOMAS R. Thomas Kline Sheriff of Cumberland County & HAFER Sworn and subscribed to before me w /71 this ;(/)- day of (y~ MA~ fJ Pro . 0'"1 In The Court of Common Pleas of Cumberland County, PennsylvanIa JED Express Limited VS. Elizabeth Eisenstein No. 05-3938 civil Now Septanber 20, 2005 , , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. '~~~4~-R- Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @iiice of tlre ~4exiff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania JED EXPRESS LIMITED vs County of Dauphin EISENSTEIN ELIZABETH Sheriff's Return No. 1653-T - -2005 OTHER COUNTY NO. 2005-3938 AND NOW:October 3, 2005 at 9:29AM served the within REISSUED WRIT OF SUMMONS upon EISENSTEIN ELIZABETH by personally handing to LORRAINE ZEHR, MOTHER OF ELIZABETH 1 true attested copy(ies) of the original REISSUED WRIT OF SUMMONS and making known to him/her the contents thereof at 4076 FAWN DR HBG, PA 17112-0000 Sworn and subscribed to So Answers, Jf~ Dauphin-County, Pa. before me this 4TH day of OCTOBER, 2005 ~A/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspirc, Dauphin County My Commission Expires Sept. 1.2006 BY~(J"'~~'fkptity . Sherif f Sheriff's Costs:$37.25 PD 09/22/2005 RCPT NO 210778 GMILLER MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Geoffrey S. McInroy, Esquire Identification No. 87876 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Email: gmcinroy0lmdwcg.com (717) 651-3510 Attorney for Defendant, Elizabeth Eisenstein IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JED EXPRESS LIMITED, Plaintiff, v. ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING, Defendants. ) CNIL ACTION - LAW ) ) No: 2005-3938-CNIL ) ) ) ARBITRATION ) ) ) JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Marshall, Dennehey, Warner, Coleman & Goggin, and Geoffrey S. McInroy, Esquire, on behalf of Defendant, Elizabeth Eisenstein, in connection with the above-captioned matter. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: GEOFFREY S. McINR Attorney for Defenda Eisenstein 105_ A ILIABIGM~LLPG\2021331 TKC\ 12180\50000 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF APPEARANCE has been served upon the following known counsel of record this 2.'8' day of October, 2005, via United States First-Class Mail, postage prepaid: Thomas S. Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108 (Counsel for Plaintiff) Lyle R. Felty 14 Sunrise Court Lebanon, P A 17046 Webster Trucking 100 Blue Mountain Park Drive Harrisburg, P A 17102 MARSHALL,DENNEHEY, WARNER, COLEMAN & GOGGIN By: 105_ A ILlABIGMI\LLPG\202133ITKCI12180150000 (> S _(JtJ,T \~:,'; -.-li' tj -...... ,-.- . '.,..-"'" ~. r-> c:::~ c::> c.i'l o CO) -. ~";. ~~',.' '? C~ -;:::, :2 <..:> .- ~ .-\ -c-n rl'~ ;:Jq ,.,_!\(;'1, ;~-~~ 'J --I 2: !l -<1 ~, -,.~ ~? .- .- , RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Matthew J. McLees Identification No.: 71592 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Lyle R. Felty and Webster Trucking JED EXPRESS LIMITED COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO: 05-3938 cv ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING Defendants. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of defendant, Lyle R. Felty and Webster Trucking, in the above-referenced matter. By: ary N. Stewart, Esquire Matthew J. McLees, Esquire Attorney for Defendant, Lyle R. Felty and Webster Trucking D," Il)ZI!D( 1232692 v.l - CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing entry of appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Thomas Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg,PA 17108 Geoffrey McInroy, Esquire Marshall, Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 1429 Walnut Street, 16th Floor Philadelphia, PA 19102 Matthew J. McLees, Esquire Attorney for Defendant, Werner Enterprises, Inc. Date: t)- Z\-o5' 1232692 v.l - -'-'~. ,;.,) Cc..) C..r~:- To All Parties: You are hereby notified to file a written response to the new matter and new matter crossclaim within twenty (20) days from service hereof or a judgment may be entered against you. RA WLE & HENDERSON LLP By: ~ RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Matthew 1. McLees Identification No.: 71592 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Lyle R. Felty and Webster Trucking lED EXPRESS LIMITED COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO: 05-3938 cv ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING Defendants. ANSWER OF LYLE R. FELTY AND WEBSTER TRUCKING TO THE COMPLAINT OF THE PLAINTIFFS WITH NEW MATTER AND NEW MATTER CROSSCLAIM Defendants Lyle R. Felty and Webster Trucking, by and through their attorneys, Rawle & Henderson LLP. hereby answer the complaint of plaintiff and assert New Matter and New Matter Crossclaims pursuant to Pa.R.C.P. 2252(d) as follows: I2JJ \02 y I 1. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 2. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 3. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 4. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 5. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proofthereof is demanded. 6. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 7. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 1233102v.l 8. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 9. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 10. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 11. Denied. After reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 12. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions oflaw which are deemed denied. 13. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proofthereof is demanded. 1233\02 y.1 COUNT I JED Exuress v. Elizabeth Eisenstein 14. Answering defendants incorporate herein by reference their answers to the allegations contained in paragraphs 1 through 13 of plaintiffs complaint as though same were set forth fully herein at length. 15. - 19. No answer is required of answering defendants to these paragraphs as the averments therein are directed to a defendant other than the answering defendants. To the extent that an answer is deemed necessary, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in these paragraphs and they are, accordingly, denied and strict proofthereof is demanded. WHEREFORE, answering defendants, Lyle R. Felty and Webster Trucking, demand judgment in their favor and against the plaintiff, dismissing plaintiffs Complaint together with an award of costs and disbursements incurred by answering defendants, including attorneys' fees together with such other relief in favor of answering defendants as this Honorable Court shall deem appropriate under the circumstances. COUNT II JED Express v. Lvle R. Feltv 20. Answering defendants incorporates herein by reference their answers to the allegations contained in paragraphs 1 through 19 of plaintiffs complaint as though same were set forth fully herein at length. 21. (a.) through (k.), inclusive. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. 1233lO2 v.1 22. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph concerning plaintiff s alleged damages and said averments are, accordingly, denied and strict proof thereof is demanded. 23. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph concerning plaintiff s alleged damages and said averments are, accordingly, denied and strict proof thereof is demanded. 24. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph concerning plaintiff s alleged damages and said averments are, accordingly, denied and strict proof thereof is demanded. 25. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph concerning plaintiffs 1233102 v.l alleged damages and said averments are, accordingly, denied and strict proof thereof is demanded. WHEREFORE, answering defendants, Lyle R. Felty and Webster Trucking, demand judgment in their favor and against the plaintiff, dismissing plaintiffs Complaint together with an award of costs and disbursements incurred by answering defendants, including attorneys' fees together with such other relief in favor of answering defendants as this Honorable Court shall deem appropriate under the circumstances. COUNT III JED Express v. Webster Truckinl!: 26. Answering defendants incorporates herein by reference their answers to the allegations contained in paragraphs 1 through 25 of plaintiffs complaint as though same were set forth fully herein at length. 27. (a.) through (d.), inclusive. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. 28. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph concerning plaintiff s alleged damages and said averments are, accordingly, denied and strict proof thereof is demanded. 1233102v.l 29. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph concerning plaintiff s alleged damages and said averments are, accordingly, denied and strict proof thereof is demanded. 30. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph concerning plaintiff s alleged damages and said averments are, accordingly, denied and strict proof thereof is demanded. 31. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph concerning plaintiff s alleged damages and said averments are, accordingly, denied and strict proof thereof is demanded. WHEREFORE, answering defendants, Lyle R. Felty and Webster Trucking, demand judgment in their favor and against the plaintiff, dismissing plaintiffs Complaint together with an award of costs and disbursements incurred by answering defendants, including attorneys' fees together with such other relief in favor of answering defendants as this Honorable Court shall deem appropriate under the circumstances. 1233\02v.1 COUNT IV JED Express v. Webster Truckinl!: 32. Answering defendants incorporate herein by reference their answers to the allegations contained in paragraphs 1 through 31 of plaintiff s complaint as though same were set forth fully herein at length. 33. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. Additionally, after reasonable investigation, defendants are without knowledge or information sufficient to form a belief as to the truth of the averments in this paragraph and they are, accordingly, denied and strict proof thereof is demanded. 34. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. WHEREFORE, answering defendants, Lyle R. Felty and Webster Trucking, demand judgment in their favor and against the plaintiff, dismissing plaintiffs Complaint together with an award of costs and disbursements incurred by answering defendants, including attorneys' fees together with such other relief in favor of answering defendants as this Honorable Court shall deem appropriate under the circumstances. NEW MATTER DIRECTED TO PLAINTIFF Defendants Lyle R. Felty and Webster Trucking hereby set forth the following New Matter: 35. Plaintiffs Complaint fails to state a cause of action upon which relief can be granted. 1233102 v.l 36. No omISSIOns or conduct on the part answering defendants contributed to plaintiffs damages, if any. 37. Plaintifffailed to mitigate its damages. 38. The damages complained of by plaintiff pre-existed, or are unrelated to, the accident which is the subject of this Complaint. 39. Plaintiffs claims are barred as plaintiffs alleged damages were, or may have been, caused by the negligent acts or omissions of plaintiff, which caused or contributed to the alleged damages and/or loss, ifany. 40. Plaintiffs claims are barred in whole or in part by the doctrine of contributory negligence and/or comparative negligence and in accordance with 42 Pa. Cons. Stat. Ann. S 7102, in that plaintiff s negligence caused or contributed to the alleged damages. 41. Plaintiff s claims are barred as plaintiff s alleged damages were, or may have been, caused by the acts of others for whom defendants are not responsible, and the negligent acts or omissions of individuals and/or entities other than defendants may have caused or contributed to the alleged damages and/or loss, if any. 42. The negligent acts and/or omissions of individuals other than defendants may constitute intervening superseding acts of negligence, which caused plaintiffs alleged damages and/or loss, if any. 43. Plaintiffs claims are barred or limited by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. SS 1701, et seq. WHEREFORE, defendants Lyle R. Felty and Webster Trucking respectfully requests this Honorable Court to dismiss plaintiffs Complaint with prejudice, and deny the relief 1233102v.l requested therein, grant judgment in favor of said defendants and against plaintiff, and grant such other and further relief as this Honorable Court deems just and proper. NEW MATTER CROSS CLAIM PURSUANT TO PA. R.C.P. 2252(d) DIRECTED TO CO-DEFENDANT ELIZABETH EISENSTEIN 44. Answering defendants Lyle R. Felty and Webster Trucking while denying any and all allegations in plaintiffs Complaint, nevertheless asserts that if it is found liable to plaintiff, answering defendants' negligence or other liability-producing conduct, if any, was passive, secondary and unrelated and that the negligence or other liability-producing conduct of defendant Elizabeth Eisenstein, was active, primary and proximate. 45. Answering defendants deny that they are liable to plaintiff for any sum or sums whatsoever; however, if such liability should be found at the time of trial and all such liability hereby is again specifically denied, then, as alleged in plaintiffs Complaint and according to the facts set forth therein, defendant Elizabeth Eisenstein, is alone liable to plaintiff, jointly and/or severally liable with others, jointly and/or severally liable with answering defendants Lyle R. Felty and Webster Trucking and/or liable over to answering defendants Lyle R. Felty and Webster Trucking under the principals of contribution and/or indemnity for any sum or sums adjudged due to plaintiff, or paid to plaintiff, by answering defendants by way of judgment, verdict or settlement, including an award of costs and fees. 1233102v.l WHEREFORE, defendants Lyle R. Felty and Webster Trucking deny liability to any party in any sum or sums and demands that judgment be entered in their favor together with attorneys' fees and costs. D"," 11/2'bfo{ RA WLE & HENDERSON LLP By: t;1; Gary N. Stewart, Esquire Matt ew J. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking 1233102 vI CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Thomas Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, P A 17108 Geoffrey McInroy, Esquire Marshall, Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg,PA 17112 1429 Walnut Street, 16th Floor Philadelphia, PA 19102 RA WLE & HENDERSON LLP By: \'{~ ~ Matthew\.r. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking Date: I (fz.'?>;'<>S 1233102 v.l (0) '\-) (__J r. ~.., , , - , '-' -~~ Thomas S. Brumbaugh, Esquire Attorney 1.0. No. 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbauhtthlaw.com JED EXPRESS LIMITED Plaintiff Attome s for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ELIZABETH EISENSTEIN, LYLE R. FELTY, and WEBSTER TRUCKING Defendants NO.: 2005-3938-CIVIL CIVIL ACTION - LAW ARBITRATION PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANTS, LYLE R. FELTY AND WEBSTER TRUCKING Plaintiff, JED Express Ltd., by and through its attorneys, Thomas, Thomas & Hafer, LLP, files the following Reply to New Matter of Defendants, Lyle R. Felty and Webster Trucking, as follows: 35. Denied as a conclusion of law to which no response is required. By way of further answer, Plaintiff specifically denies that the Complaint fails to state a cause of action upon which relief can be granted. 36. Denied as a conclusion of law to which no response is required. By way of further answer, Plaintiff refers to the allegations set forth within its Complaint. 37. Denied as a conclusion of law to which no response is required. By way of further answer, Plaintiff specifically denies that it failed to mitigate its damages. 38. Denied. 39. Denied as a conclusion of law to which no response is required. By way of further answer, Plaintiff specifically denies that it was negligent. 40. Denied as a conclusion of law to which no response is required. By way of further answer, Plaintiff specifically denies that it was negligent. 41. Denied as a conclusion of law to which no response is required. 42. Denied as a conclusion of law to which no response is required. 43. Denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff demands judgment against Defendants, Felty and Webster Trucking for an amount not in excess of the jurisdictional amount requiring arbitration, plus interest, costs and delay damages. Date: December 5, 2005 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP .--,~~ ..t::: Thomas S. Brumbn' ,Esquire Attorney 1.0. No.: A 89037 P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbaugh@tthlaw.com 2 VERI FICA TION The undersigned, having read the attached document, hereby verifies that the attached pleading is based on information which has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel. Furthermore, the matters contained in this pleading are of a procedural nature only among counsel and the court. The undersigned verifies that he has read the attached pleading and that it is true and correct to the best of his information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~~ --- ~'f L- Thomas S. Brumba~Esquire Dated: December 5, 2005 CERTIFICA TE OF SERVICE AND NOW, this 5th day of December, 2005, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Geoffrey S. Mcinroy, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Defendant, Elizabeth Eisenstein Gary N. Stewart, Esquire Matthew J. Mclees, Esquire RAWLE & HENDERSON, LLP 25 North Front Street, First Floor Harrisburg, PA 17101 Attorneys for Defendants, Lyle R. Felty and Webster Trucking THOMAS, THOMAS & HAFER, LLP ~-- Thomas S. Brumbaugt)./ ,.~c> ,;..--~ r_) r ~~ , ( , (.' MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Geoffrey S. McInroy, Esquire Identification No. 87876 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Email: gmcinrovlalmdwcg.com (717) 651-3510 Attorney for Defendant, Elizabeth Eisenstein IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ) CIVIL ACTION - LAW ) ) No: 2005-3938-CIVIL ) ) ) ARBITRATION ) ) ) JURY TRIAL DEMANDED JED EXPRESS LIMITED, v. ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING, Defendants. ANSWER WITH NEW MATTER OF DEFENDANT ELIZABETH EISENSTEIN TO PLAINTIFF'S COMPLAINT COUNT I JED EXPRESS V. ELIZABETH EISENSTEIN AND NOW, comes the Defendant, Elizabeth Eisenstein, by her attorneys, Geoffrey S. McInroy, Esquire and Marshall, Dennehey, Warner, Coleman & Goggin, P.c., who answer Plaintiff's Complaint, with New Matter as follows: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity ofthe averment in ~1. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment in ~3. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment in ~4. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment in ~5. Furthermore, in so far as paragraph 5 of the Plaintiffs Complaint avers conclusions of law, no answer is required. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment in ~6. 7. Admitted in part and denied in part. It is admitted that Elizabeth Eisenstein, Defendant, was operating a 1992 Honda Civic on April 16,2004. It is denied that on that date she operated that car on northbound Route 83 in the center lane of travel. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment in ~8. In so far as paragraph 8 of the Plaintiffs Complaint avers conclusions oflaw, no answer is required. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment in ~9. 10. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment in ~l O. 2 11. Admitted in part and denied in part. It is admitted that Elizabeth Eisenstein's vehicle was struck in the rear. After reasonable investigation, Answering Defendant does not have sufficient information to form a belief as to the truth or falsity of the remainder of the averment in'l1. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averment in '12. In so far as paragraph 12 avers a conclusion oflaw, no response is required. 13. Denied. After reasonable investigation, Defendant IS without knowledge or information sufficient to form a belief as to the truth or falsity of the averment in '13. In so far as paragraph 13 avers a conclusion oflaw, no response is required. 14. No responsive pleading required. l5(a-h). Denied. Furthermore, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in , 15 and subparagraphs 1 5a through l5h. 16. Denied. By way of further answer, it is specifically denied that Defendant Eisenstein acted in any manner that resulted in damages to the Plaintiff. 17. Denied. After reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averment in '17. 18. Denied. After reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth or falsity of the averment in '18. 19. Denied. After reasonable investigation, Answering Defendant is without sufficient information to form a belief as to the truth or falsity ofthe averment in '19. 3 COUNT II JED EXPRESS V. LYLE R. FELTY 20-25. The averments in paragraphs 20-25 are directed at a party other than the Answering Defendant and therefore no responsive pleading is required. To the extent an answer is deemed necessary, after reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments in those paragraphs and they are accordingly denied. WHEREFORE, Answering Defendant, Elizabeth Eisenstein requests judgment be entered in her favor. COUNT III JED EXPRESS v. WEBSTER TRUCKING 26-31. The averments in paragraphs 26-31 are directed at a party other than the Answering Defendant and therefore no responsive pleading is required. To the extent an answer is deemed necessary, after reasonable investigation, Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments in those paragraphs and they are accordingly denied. WHEREFORE, Answering Defendant, Elizabeth Eisenstein requests judgment be entered in her favor. COUNT IV JED EXPRESS v. WEBSTER TRUCKING 32-34. The averments in paragraphs 32-34 are directed at a party other than the Answering Defendant and therefore no responsive pleading is required. To the extent an answer is deemed necessary, after reasonable investigation, Defendant is without sufficient knowledge 4 or information to form a belief as to the truth of the averments in those paragraphs and they are accordingly denied. WHEREFORE, Answering Defendant, Elizabeth Eisenstein requests judgment be entered in her favor together with attorney's fees and costs. NEW MATTER CROSS-CLAIM PURSUANT TO Pa.R.c.P. 2252(d) 35. Answering Defendant join Co-Defendants Lyle R. Felty and Webster Trucking in order to protect their right of contribution based on the averments made against Co-Defendants in Plaintiffs Complaint, which are incorporated herein without adoption, and violation of the Assured Clear Distance Rule by the party who struck her vehicle from behind. WHEREFORE, Defendant Elizabeth Eisenstein denies liability to any party and, respectfully requests judgment be entered in her favor together with attorney's fees and costs. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: EOFFREY S. Mc Attorney for Defend Eisenstein \05_ A \L1ABlGMI\LLPG\202808\TKC\ 12180\02553 5 VERIFICATION The undersigned, having read the attached document, hereby verifies that the attached pleading is based upon information which has been gathered by counsel in the course of this lawsuit. The language of the pleading is that of counsel. Furthermore, the matters contained in this pleading are of a procedural nature only among counsel and the Court. The undersigned verifies that he has read the attached pleading and that it is true and correct to the best of his information and belief. In so far as the matters contained in this pleading are construed as being of a substantive nature, the undersigned counsel crafted the responses because Defendant, Elizabeth Eisenstein, is outside the jurisdiction of this Court and the Verification cannot be obtained within the time allowed for filing the pleading. As such, the source of information as to matters not within his own knowledge was obtained from telephonic cornmunications with the party and from a copy of the accident report obtained from Plaintiff's counsel. This Verification is made subject to the penalties of 18 Pa.C.S.A. S4904, relating to unsworn falsification to authorities. /~ ) / / BY: DATE: ('2/ I I oS I f MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Geoffrey S. McInroy, Esquire Identification No. 87876 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Email: gmcinrov{al.mdwcg.com (717) 651-3510 Attorney for Defendant, Elizabeth Eisenstein IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA lED EXPRESS LIMITED, Plaintiff, v. ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING, Defendants. ) CNIL ACTION - LAW ) ) No: 2005-3938-CIVIL ) ) ) ARBITRATION ) ) ) JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Thomas S. Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, P.O. Box 999 Harrisburg, PA 17108 (Counsel for Plaintiff) You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. Date: 1'Z-(7/.~ MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGI~~ ~-~ /' //] By: L;7 // 8EOFFREY S. Mc Attorney for Defend Eisenstein CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT ELIZABETH EISENSTEIN TO PLAINTIFF'S COMPLAINT has been served upon the following known counsel ofrecord this 7 day of December, 2005, via United States First-Class Mail, postage prepaid: Thomas S. Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, P.O. Box 999 Harrisburg, P A 17108 (Counsel for Plaintiff) Rawle & Henderson, LLP Gary N. Stewart, Esquire 25 N. Front Street First Floor Harrisburg, PA 17101 (Counsel for Defendants Lyle R. Felty and Webster Trucking) MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: 105_ A ILlABIGM llLLPG\2028081 TKClI2180102553 ,., ~- ) ~. , -on --{ 'Tl ~-l - , MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: Geoffrey S. McInroy, Esquire Identification No. 87876 4200 Crums Mill Road, Suite B Harrisburg, P A 17112 Email: gmcinrov0lmdwcg.com (717) 651-3510 Attorney for Defendant, Elizabeth Eisenstein IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JED EXPRESS LIMITED, Plaintiff, v. ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING, Defendants. ) CNIL ACTION - LAW ) ) No: 2005-3938-CIVIL ) ) ) ARBITRATION ) ) ) JURY TRIAL DEMANDED RESPONSE OF DEFENDANT, ELIZABETH EISENSTEIN, TO THE NEW MATTER CROSS-CLAIM OF DEFENDANTS, LYLE R. FELTY AND WEBSTER TRUCKING AND NOW, comes the Defendant, Elizabeth Eisenstein, by her attorneys, Geoffrey S. McInroy, Esquire and Marshall, Dennehey, Warner, Coleman & Goggin, P.C., and files the within Response of Defendant, Elizabeth Eisenstein, to the New Matter Cross-Claim of Defendants, Lyle R. Felty and Webster Trucking, and states in support thereofthe following: 1-35. Defendant, Elizabeth Eisenstein, incorporates herein by reference her Answer with New Matter to Plaintiffs' Complaint as if set forth at length herein. 36-43. These paragraphs are directed to the Plaintiff and no response is necessary. 44. Denied. The allegations set forth in this paragraph constitute conclusions of law within the meaning of Pa.R.C.P. 1029(e) and accordingly, no further responsive pleading is required. To the extent that the allegations set forth in this paragraph require a more specific response, then it is specifically denied that Defendant, Elizabeth Eisenstein, owes either -- . contribution and/or indemnification to Defendants, Lyle R. Felty or Webster Trucking, and further denies that Defendant, Elizabeth Eisenstein, is jointly and/or severally liable to Plaintiff, along with Lyle R. Felty and/or Webster Trucking. 45. Denied. The allegations set forth in this paragraph constitute conclusions of law within the meaning of Pa.R.C.P. 1029(e) and accordingly, no further responsive pleading is required. To the extent that the allegations set forth in this paragraph require a more specific response, then it is specifically denied that Defendant, Elizabeth Eisenstein, owes either contribution and/or indemnification to Defendants, Lyle R. Felty and/or Webster Trucking, and further denies that Defendant, Elizabeth Eisenstein, is jointly and/or severally liable to Plaintiff, along with Defendants, Lyle R. Felty and Webster Trucking. WHEREFORE, Defendant, Elizabeth Eisenstein, demands judgment in her favor and against all other parties, together with such other relief as this Court shall deem appropriate. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: \05_ A \LIAB\GM1\LLPG\2071 07\ TKC\12180\02553 2 " CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing RESPONSE OF DEFENDANT, ELIZABETH EISENSTEIN, TO THE NEW MATTER CROSS-CLAIM OF DEFENDANTS, LYLE R. FELTY AND WEBSTER TRUCKING has been served upon the following known counsel of record this 2-D day of December, 2005, via United States First-Class Mail, postage prepaid: Thomas S. Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street, P.O. Box 999 Harrisburg, P A 17108 (Counsel for Plaintiff) Rawle & Henderson, LLP Gary N. Stewart, Esquire 25 N. Front Street First Floor Harrisburg,PA 17101 (Counsel for Defendants, Lyle R. Felty and Webster Trucking) MARSHALL, DENNEHEY, WARNER, COLEMAN & GO By: GEOFFREY S. McINR Attorney for Defend Eisenstein 105_ A ILlAB\GM IILLPG12071 07\TKCI12180102553 C) C ....., c::;::l ij~ cJ p' n t" - -:J -" -"" o ~n .-4 1:41 ('11f"-:: -r-~CD '"r!t/ ),() '~ - r, ~ -'.z :t~ (:.e) ~'C rn , ) ~,~..1 ..~ ~'i.J :-<: so:: -' . RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Matthew J. McLees Identification No.: 71592 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Lyle R. Felty and Webster Trucking JED EXPRESS LIMITED COURT OF COMMON PLEAS OF CUMBERLAJ\!D COUNTY Plaintiff, vs. NO: 05-3938 cv ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING Defendants. PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly attach the verification of Bill Belanger on behalf of Webster Trucking to the Answer of defendants Lyle R. Felty and Webster Trucking with New Matter and New Matter Crossclaims to the plaintiffs complaint, which was previously filed with the Court. RA WLE & HENDERSON LLP Date: /L(Lc ]0) 1\J\ r 'G By: \" ~f\. Gary N. tewart, Esquire Matthew J. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking 1244708 v.1 ~ CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing Praecipe to Attach Verification was served via first class U.S. mail, postage pre-paid, upon the following: Thomas Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Geoffrey McInroy, Esquire Marshall, Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 RA WLE & HENDERSON LLP By: :(v( ~ JVL ~v J. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking Date: 12 ( '[ LID; 1244708 v.1 DEC-20-2005 TUE 12:52 PM WEBSTER COMPANIES FAX NO, 7812297739 p, 03 . VERTII'ICATJON I. Bill Relo"".r , SlAle thaI I am authorized to moke this "orificauon 00 behalf of Web,ter T~I:In!!. defendant jn thi. moller, that 1 have rea<! the An,wor to Plaintiff'. COll1plllint with New Maner, and that tbe lltformation .ot forth therein ;s tnIe and l:orrecl to the bClSl of my knowledg., information and beliof "od I undentand that Uti. .'-lemont ill made ""bjeet to the ponaltio. of 18 Pa. e.s.A. f 4904 relating to unsworn f.I'ifieotion to .utboriti... Dst.: /v!9h:; { I - 1'l;J)IFnv-J .~ o c, c--" c::::> c.:.> ';.,n CJ C.1. (,; I rv -' -0 .~'". -'~ o -'f1 .-1 :.C-n \~~l \.;) ,.') ';', (~.? C,:) {'.) - , RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Matthew J. McLees Identification No.: 71592 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Lyle R. Felty and Webster Trucking JED EXPRESS LIMITED COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO: 05-3938 ev ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING Defendants. PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly attach the verification of Lyle R. Felty to the Answer of defendants Lyle R. Felty and Webster Trucking with New Matter and New Matter Crossclaims to the plaintiffs complaint, which was previously filed with the Court. RA WLE & HENDERSON LLP Date: 1'1 l 'L.'L ~ v-5 By: \V\ n rvL ~ Stewart, Esquire Matthew J. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking 1244370 v.l - ,. CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and corre:ct copy of the foregoing Praecipe to Attach Verification was served via first class U.S. mail, postage pre-paid, upon the following: Date: Date: -a{n(~( 1244370v.l Thomas Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Geoffrey McInroy, Esquire Marshall, Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 RA WLE & HENDERSON LLP By:-.til I Matth w 1. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking . \ VERIFICATION Lyle R. Felty hereby states that he is the defendant. He verifies that he has read the within answers to plaintiffs interrogatories and that they are true and correct to the best of his knowledge, information and belief. He understands that the statements set forth in said answers to interrogatories are made subject to the penalties of 18 Pa. Cons. Stat. Ann. 94904 relating to unsworn falsification to authorities. Date: I~. /;.CJS'" 1233102 vi c:::;. . ----- r-' (') 0 c:::) ~h C:, '._..~ "", __I ., CJ :r:-r. Cj'\ \-,1;'.:;;: C"J ~ .,.-,1'" (0 '::)C -' ::-.~ ~,.' "', -0 :~?_=-; -' ! -" ~,'.)cn (~) _-I 0 :'jJ. ..-.. (0 - --.........--- RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Matthew J. McLees Identification No.: 71592 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Lyle R. Felty and Webster Trucking JED EXPRESS LIMITED COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO: 05-3938 cv ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING Defendants. REPLY OF DEFENDANTS LYLE R. FELTY AND WEBSTER TRUCKING TO THE CROSSCLAIM OF DEFENDANT, ELIZABETH EISENSTEIN Defendants Lyle R. Felty and Webster Trucking, by and through their attorneys, Rawle & Henderson LLP, hereby reply to the Crossclaim of defendant Elizabeth Eisenstein as follows: 35. Denied. Under the Pennsylvania Rules of Civil Procedure, no answer is required to this paragraph as the averments therein state conclusions of law which are deemed denied. By way of further answer, but not in derogation of the foregoing, defendants deny that they violated the assured clear distance ahead rule. \240752 v.l WHEREFORE, defendants Lyle R. Felty and Webster Trucking deny liability to any party for any sum or sums and demand that judgment be entered in their favor together with attorneys' fees and costs. RA WLE & HENDERSON LLP By: ~ Date: \ \ II' l0 ~ N. Stewart, Esquire Mat . ew 1. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking 1240752 v.l CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Thomas Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg, PA 17108 Geoffrey McInroy, Esquire Marshall, Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 RA WLE & HENDERSON LLP By: t~\ ,~/ Matth"ew J. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking Date: \ \ i~ \ D l 1240752 v.1 VERIFICATION MATTHEW J. MCLEES, ESQUIRE, hereby states that he is a member of the law firm of Rawle & Henderson LLP, attorneys for defendants, Lyle R. Felty and Webster Trucking, that he is authorized to take this verification on behalf of said defendant. The undersigned verifies that he has read the within Reply to New Matter Crossclaim and that the same is true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements set forth in said Reply are made subject to the penalties of 18 Pa. Cons. Stat. Ann. 94904 relating to unsworn falsification to authorities. J. MCLEES, ESQUIRE DATED: II/l ( <:,~ \ 1240752 v.l C) f"'~, <-T' .-. i',C) -, (.0 f'.,"l -J J ( RA WLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Matthew J. McLees Identification No.: 71592 25 North Front Street, First Floor Harrisburg, Pennsylvania 17101 (717) 234-7700 Attorneys for Defendant, Lyle R. Felty and Webster Trucking JED EXPRESS LIMITED COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff, vs. NO: 05-3938 cv ELIZABETH EISENSTEIN, LYLE R. FELTY and WEBSTER TRUCKING Defendants. WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal the appearance of Matthew J. McLees, Esquire as co-counsel for defendants, Lyle R. Felty and Webster Trucking, in the above-captioned action. RA WLE & HENDERSON LLP By: ~0:L Matthew J. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking Date: ') (~vl~ ~ 1285182 v.l " ( CERTIFICATE OF SERVICE I hereby certify that on today's date, a true and correct copy of the foregoing withdrawal of appearance was served by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Thomas Brumbaugh, Esquire Thomas, Thomas & Hafer, LLP P.O. Box 999 Harrisburg,PA 17108 Geoffrey McInroy, Esquire Marshall, Dennehey Warner Coleman & Goggin 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 1429 Walnut Street, 16th Floor Philadelphia, PA 19102 RA WLE & HENDERSON LLP By: .\10 \:,l Date: ') ) Matt w J. McLees, Esquire Attorney for Defendants, Lyle R. Felty and Webster Trucking 1285182 v.l ,:) ~11 :-j i; I '"^' ~1' 1,=: 0-1 . Thomas S. Brumbaugh, Esquire Attorney 1.0. No. 89037 THOMAS, THOMAS & HAFER, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108 (717) 441-7060 e-mail: tbrumbauhtthlaw.com JED EXPRESS LIMITED Plaintiff Attome s for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 2005-3938-CIVIL ELIZABETH EISENSTEIN, LYLE R. FEL TV, and WEBSTER TRUCKING CIVIL ACTION - LAW ARBITRATION Defendants PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above case settled, discontinued and ended with prejudice. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: October 23, 2006 By: Attorney 1.0. No. P. O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7060 456337.1 , CERTIFICA TE OF SERVICE AND NOW, this 23rd day of October, 2006, I, Thomas S. Brumbaugh, Esquire, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, postage prepaid, to the following: Geoffrey S. Mcinroy, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 Attorneys for Defendant, Elizabeth Eisenstein Gary N. Stewart, Esquire RAWLE & HENDERSON, LLP 25 North Front Street, First Floor Harrisburg, PA 17101 Attorneys for Defendants, Lyle R. Felty and Webster Trucking THOMAS, THOMAS & HAFER, LLP "- c--b2.~~ Thomas S. Brumbaugh . By: 2 ~ ::2!,'.U. ';:i;."'...: /.. " . 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