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HomeMy WebLinkAbout06-2315 ERIN S. NEELY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant NO. 2006- CIVIL TERM CIVIL ACTION-LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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, Pennsylvania 17013 (717) 249-3166 4 ERIN S. NEELY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant NO. 2006- CIVIL TERM CIVIL ACTION-LAW COMPLAINT NOW, comes Plaintiff, Erin S. Neely, by and through her attorney, Michael A. Scherer, Esquire and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Erin S. Neely (hereinafter referred to as "Neely"), is an adult individual who resides at 162 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, EJB Motors, Inc. is a Pennsylvania corporation which does business under the name "Brenner Nissan" and has a business address of 1812-30 Paxton Street, Dauphin County, Pennsylvania 17105. 3. Defendant, EJB Motors, Inc. does business as "Brenner Nissan (hereinafter referred to as "Brenner"). 4. At all times relevant hereto, Neely was the owner of a 2002 Xterra automobile, registration no. ENT-0411, VIN No. 5N1ED28Y62C522242. 5. Neely's Xterra is financed through Chrysler Financial with a payoff of approximately $12,025.00. 6. Neely believes that the Xterra, including the custom equipment installed therein, is worth approximately $15,000.00. 7. On or about February 7, 2006, Neely delivered her Xterra to J W Smith Auto Body (hereinafter referred to as "Smith") located at 2401 Shermansville Road, Elliottsburg, Perry County, Pennsylvania 17024 for certain auto body repairs. 8. On or about February 9, 2006, Smith delivered the vehicle to Brenner at 6271 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania for Brenner to assist Smith in certain repairs to the Xterra. 9. Neely was later advised that the Xterra had been stolen from the Brenner lot while awaiting repairs. 10. Neely was advised that an employee from Smith had parked the Xterra in the Brenner lot and had delivered the keys to the Xterra to the Brenner service department. 11. Brenner accepted possession of the Xterra at 9:13 a.m. on February 9, 2006 according to the Brenner service records. 12. Brenner was negligent in the custody and control exercised over the Xterra and as a result of said negligence, Neely's Xterra was stolen. Said negligence included, but was not limited to, the following: a. failing to have in place adequate and appropriate procedures and practices to safeguard the property of others taken into the care and custody of Brenner; b. failing to have in place adequate and appropriate security measures to prevent the theft of property of others in the care and custody of Brenner; C. failing to follow procedures and practices intended to protect property of others while in the care and custody of Brenner, and, d. such other divers acts as would have precluded, prevented or made less likely the theft of Plaintiff's vehicle while in the care and custody of Brenner. 13. As a result of not having use of the stolen vehicle, Neely has purchased another vehicle which is financed. 14. Neely is unable to make the monthly payment to Chrysler Financial for the stolen Xterra. 15. Neely expects Chrysler Financial to begin reporting the missed payments to the various major credit reporting agencies which will result in permanent damage to Neely's credit score. WHEREFORE, Neely respectfully requests this Honorable Court to enter judgment against the defendant in an amount in excess of $20,000.00 representing the value of the stolen Xterra, unliquidated damages for damage to her credit score and the costs and expenses of this suit. Respectfully submitted, O'BRIEN, BARIC & SCHERER 4`1('v Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Erin S. Neely mas.dir/genlit/neely/complaint.pld VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: I? O U ? ?? Erin S. Neely v U., Ur ?? n, ??_ ?? 5\ ?, _' ?, ?? ?R `',? ?? ? ?. ?a C ??? Vr` ^, rK ERIN S. NEELY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA EJB MOTORS, INC., d/b/a BRENNER NISSAN, Defendant NO. 2006-2315 CIVIL TERM CIVIL ACTION-LAW ACCEPTANCE OF SERVICE AND NOW, this 1?+k day of AP (. ? , 2006, I, John McGreevy, CFO, EJB Motors, Inc. d/b/a Brenner Nissan, hereby accept service of the Complaint filed in the above-captioned matter on behalf of the Defendant pursuant to Pa. R.C.P. 402(b) and certify that I am authorized to dnscr JC esh ? i McGreevy 0 J Shy ? c; C? : _'> -? ?, ?e ?;?-?, __ n,. ry ?`5 ?Yr{? ts? . =e W :%< G>% BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 ERIN S. NEELY Plaintiff, V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2315 CIVIL TERM CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of defendant, EJB Motors, Inc. d/b/a Brenner Nissan in this matter. NOR BILLET &4Z44?' CON?',' By: DA VID K. BRENNAN, ESQUIRE Attorney for Defendant ? Q a ? ? <. ?s -cs?n v ?.c: ? U, ... '? r>.:, ?? roc , -v z{=z a `?+ ? ? `'' °r? BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 ERIN S. NEELY Plaintiff, V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2315 CIVIL TERM CIVIL ACTION - LAW CERTIFICATION OF SERVICE I, David K. Brennan, hereby certify that a true and correct copy of the Entry of Appearance, was served upon all counsel and/or unrepresented party by regular, first class mail, postage pre-paid on May 5, 2006. BILLET &kdk CONNOR By: , A VID K. BRENNAN, ESQUIRE Attorney for Defendant p 1 `4 N ce G? C? BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 ERIN S. NEELY Plaintiff, V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2315 CIVIL TERM CIVIL ACTION - LAW DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Defendant EJB Motors, Inc., d/b/a Brenner Nissan hereby demands a trial by jury of twelve (12) jurors in this matter. BILLET & CONNOR By: DAVID K. BRENNAN, ESQUIRE Attorney for Defendant dy -n BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 ERIN S. NEELY Plaintiff, V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2315 CIVIL TERM CIVIL ACTION - LAW CERTIFICATION OF SERVICE I, David K. Brennan, hereby certify that a true and correct copy of the Demand for Jury Trial, was served upon all counsel and/or unrepresented party by regular, first class mail, postage pre-paid on May 5, 2006. BILLET T & //CONNOR By: DAVID K. BRENNAN, ESQUIRE Attorney for Defendant -10 36 0 BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 ERIN S. NEELY Plaintiff, V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2315 CIVIL TERM CIVIL ACTION - LAW ANSWER WITH NEW MATTER OF DEFENDANT EJB MOTORS, INC. d/b/a BRENNER NISSAN 1. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 2. Admitted with qualification. The physical location of the dealership is 6271 Carlisle Pike, Mechnicsburg, Pennsylvania 17050. 3. Admitted. 4. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 5. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 6. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 7. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 8. Admitted. 9. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 10. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 11. Denied as stated. J. W. Smith delivered the vehicle to the defendant on the date and time stated in plaintiff s complaint. The balance of this allegation contains a conclusion of law to which no response is required. 12a-d. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 13. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. To the extent that said averments contain conclusions of law, no response is required, and said averments are therefore denied as a matter of law. 14. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. 15. Denied. After reasonable investigation answering defendant is without knowledge or information sufficient to form a belief as to the truth of said averments, which are therefore denied as a matter of law. WHEREFORE, answering defendant demands judgment in its favor. NEW MATTER 1. The Complaint fails to state a cause of action upon which relief can be granted. 2. The plaintiff has failed to join indispensable, necessary, and proper parties. 3. All allegations pertaining to agency, supervision, or control are specifically denied, and strict proof, if deemed relevant, will be demanded at the time of trial. 4. If plaintiff sustained damages as alleged in his Complaint, and said damages were the direct and proximate result of the negligence, carelessness, recklessness, lack of due care, willful and wanton misconduct, or other acts or omissions to act of individuals, parties, or entities other than the plaintiff or defendant other than answering defendant, then the damages of plaintiff were the direct and proximate result of the negligence, carelessness, recklessness, lack of due care, willful and wanton misconduct, or other acts or omissions to act of other individuals, parties, or entities other than the answering defendant, over whom the answering defendant had no control or right of control. 5. This Court lacks jurisdiction over the subject matter and the parties to this action. 6. Collateral estoppel and/or res 'ud? icata apply to bar litigation of issues previously adjudicated concerning the cause of action set forth in the Complaint. 7. The claims of plaintiff may be barred in whole or in part, by the applicable statute of limitations. 8. Venue is improper for this Court. 9. The plaintiff lacks standing to bring this action. 10. The plaintiff has failed to mitigate her damages. 11. The plaintiff's claims against answering defendants are barred by the doctrine of accord and satisfaction. 12. The plaintiff's claims against answering defendants are barred by the doctrine of laches. 13. Answering defendant raises, avers, and preserves all defenses constituting affirmative defenses pursuant to Pa. R. Civ. P. 1030. 14. The cause of action set forth in the plaintiff s Complaint is barred or limited by the terms of the Pennsylvania Comparative Negligence Act, the relevant provisions of which are incorporated by reference herein, and made a part hereof, as fully as though herein set forth at length. 15. The plaintiff's claim is barred and/or limited by the law of bailment. WHEREFORE, answering defendant demands judgment in its favor. BILLET & CONNOR By: k DAVID K. BRENNAN, ESQUIRE Attorney for Defendant (File No.: 9770.57) VERIFICATION The averments or denials of facts contained in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan ERIN S. NEELY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 2006-2315 CIVIL TERM V. CIVIL ACTION - LAW EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant CERTIFICATION OF SERVICE I, David K. Brennan, hereby certify that a true and correct copy of the Answer with New Matter of Defendant, EJB Motors, Inc. d/b/a Brenner Nissan, was served upon all counsel and/or unrepresented party by regular, first class mail, postage pre-paid on June 8, 2006. BILLET & CONNOR By: " - W- DAVID K. BRENNAN, ESQUIRE Attorney for Defendant rti ^-? ,_= r? ?; ?,_ c ; . ? ?"7 i - ?'rr_. r -- C.) _? f ri .. --+ .?. --C ERIN S. NEELY, v. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant NO. 2006-2315 CIVIL TERM CIVIL ACTION-LAW REPLY TO NEW MATTER AND NOW, comes Plaintiff, Erin S. Neely ("Neely"), by and through her attorneys, O'Brien, Baric & Scherer, and files the within Reply to New Matter and, in support thereof, sets forth the following: 1.-15. To the extent these averments are conclusions of law, no response is required. To the extent a response may be deemed necessary, the averments are denied. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D, 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirlgenlit/neelytn ewmatter. rep VERIFICATION I verify that the statements made in the foregoing Reply To New Matter 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. M4ti G? Michael A. Scherer, Esquire DATED: ?"n - I h • 2-00S Y' r CERTIFICATE OF SERVICE I hereby certify that on June 15 , 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: David K. Brennan, Esquire Billet & Connor 400 Washington Street, Suite 802 Reading, Pennsylvania 19601 JW40 A?'? J i . Lindsa t / ^} - ? \_) -ri r ?" U? .? •' ? T_ T 1 ? ? _ .._ -.? _ ??. C: `? . 4.:.1 "Y ?. `e'll ten" :4l ???-:1 - J ERIN S. NEELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant NO. 2006-2315 CIVIL TERM CIVIL ACTION-LAW MOTION TO COMPEL NOW, comes Plaintiff, Erin S. Neely, by and through her attorney, Michael A. Scherer, Esquire, and files within Motion to Compel and, in support thereof, sets forth the following: 1. On or about June 15, 2006, Plaintiff served Interrogatories upon counsel for EJB Motors, Inc. d/b/a Brenner Nissan. A true and correct copy of the Interrogatories is attached hereto as Exhibit "A" and is incorporated. 2. On or about June 15, 2006, Plaintiff served a Request for Production of Documents upon counsel for EJB Motors, Inc. d/b/a Brenner Nissan. A true and correct copy of the Request for Production of Documents is attached hereto as Exhibit "B" and is incorporated. 3. To date, Plaintiff has received no response to the Interrogatories or the Request for Production of Documents. WHEREFORE, Plaintiff requests that EJB Motors, Inc. d/b/a Brenner Nissan be ordered and directed to answer the Interrogatories and produce the Documents requested upon Defendants within thirty (30) days of said order. Respectfully submitted, O'BRIEN, BARIC & SCHERER U il-- Michae'l'k. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Erin S. Neely mas.didgenlit/neely/compel.mot ERIN S. NEELY, V. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2315 CIVIL TERM EJB MOTORS, INC., d/b/a BRENNER NISSAN : Defendant CIVIL ACTION-LAW PLAINTIFFS FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANT PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules of Civil Procedure 4009. 1, to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These shall be deemed to be continuing Interrogatories. If between the time of filing your Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any further information not contained in your Answers, or if you learn that any information set forth in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve supplemental answers. EXHIBIT "A" DEFINITIONS A. The term "document" as used herein shall mean the original and any copy, marked up copy, revision, amendment, modification, non-identical copy and/ordraft, orany written, printed, typed, drawn or other graphic matter of any kind or nature, however, produced or reproduced, whether or not sent or received, including without limitation; memoranda, reports, computations, estimates, communications, financial reports or statements, notes, transcripts, letters, correspondence, intra or inter office communications, envelopes, telegrams, cables, telephone messages, messages, emails, electronic transmissions, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, minutes, notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers, summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings, blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices, checks, receipts, payroll records, summaries or records of meetings or conferences, minutes ortape recordings of meetings or conferences, summaries or reports of investigations, opinions or reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts, articles, magazines, newspapers, booklets, circulares, bulletins, press releases, notices, instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion picture film, microfilms, photographs, tapes or other recordings, punch charts, computer programs, magnetic tapes, discs, data cells, drums, printout and other data computations from which information can be obtained, and marginal comments appearing on any documents, and all other writings in the possession, custody or control of Plaintiffs or their agents, officers, employees or . attorneys. B. "Defendant" means EJB Motors, Inc. d/b/a Brenner Nissan. C. "Person" or "Persons" shall mean any natural individual or corporation, firm, partnership, proprietorship, association, joint venture, governmental entity or any other business or government organization. D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of two or more persons for any purpose, whether or not planned, arranged or scheduled in advance. E. "Communication" shall mean any utterance made, human speech heard, overheard, or intended to be heard by any person, whether in person, by telephone, by means of sounding recording, or otherwise. F. "Identify" means: (a) When used in reference to a document, describe with sufficient particularity to form the basis for a Request for Production under Pa. R.C.P. 4009, including but not limited to the date it was prepared or created, the identity of its author or originator, the type of document (ems., letter, telegram, chart, photograph, sound recordings, etc.), the identity of its addressee, its present location and the identity of its present custodian(s). If such document was, but is no longer, in your possession or subject to your control, state what disposition was made of it; (b) When used in reference to a natural person or business entity, "identify" means to state his or her or its full name, present or last known home address, present or last known business address, present or last known home telephone number, present or last known position or affiliation. G. "Accident," "incident" or "occurrence" mean the transaction or occurrence or series of transactions or occurrences giving rise to the matters for which you are seeking damages as indicated in the Complaint. INSTRUCTIONS If you object to the production of any documents on the grounds that the attorney- client, attorney work product or any other privilege is applicable thereto, with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person who prepared or participated in the preparation of the documents; (d) Identify each person who received it; (e) Identify each person from whom the documents were received; (f) State the present location of the document and all copies thereof; (g) Identify each person who has ever had possession, custody or control of it or copy thereof, and (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. INTERROGATORIES 1. State the name(s) of any "Brenner Nissan" employee who has direct knowledge of the events of February 9, 2006 as set forth in the Complaint, and for each person state: (a) Their position (b) A description of their job duties (c) The source of their knowledge of the facts (d) The facts or information they have regarding this matter as set forth in the Complaint ANSWER: 2. Any witnesses that you intend to call at the trial in this matter. ANSWER: 3. Please identify any and all records which you intend to introduce into evidence at the trial of this matter or which you may use to refresh the recollection of any witness. ANSWER: 4. Please identify any and all expert witnesses you intend to call at the trial of this matter. ANSWER: 5. State whether you have a written procedure for accepting vehicles from a customer. ANSWER: 6. State whether your employees have been trained in a procedure for accepting vehicles for service from a customer, and if so, state the procedure. ANSWER: Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Sc rer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mae.didgenlit/neeiy/plaintiffe.int CERTIFICATE OF SERVICE I hereby certify that on June 15 , 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Plaintiffs First Set of Interrogatories Directed To Defendant, by first class U.S. mail, postage prepaid, to the party listed below, as follows: David K. Brennan, Esquire Billet & Connor 400 Washington Street, Suite 802 Reading, Pennsylvania 19601 A ndsn- JeWli? ERIN S. NEELY, Plaintiff V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2315 CIVIL TERM CIVIL ACTION-LAW REST FOR PROD(?rTION OF DOCU?uFNTS Pursuant to Pa.R.C.P. No. 4009, as amended, the Plaintiff, Erin S. Neely and her attorneys, O'Brien, Baric and Scherer, request you to produce copies of the following documents, at its expense within thirty (30) days of service of this request. INSTRUCTIONS If you object to the production of any document on the grounds that the attorney- client, attorney work-product or any other privilege is applicable thereto, you shall with respect to that document: (a) State its date; (b) Identify its author; (c) Identify each person from whom the document was received; (d) Identify each person who received it; (e) Identify each person from whom the document was received; , (fl State the present location of document and all copies thereof, (g) Identify each person who has ever had possession, custody or control of it or copy thereof, and EXHIBIT "B" (h) Provide sufficient information concerning the document and the circumstances thereof to explain the claim of privilege and to permit the adjudication of the propriety of that claim. As referred to herein, "document" includes written, printed, typed, recorded, or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films, photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of any of the foregoing) regardless of whether you, your former or present counsel, agents, employees, officers, insurers, or any other person acting on your behalf, are now in possession, custody or control. DOCUMENTS REQUESTED 1. Any and all documents in your possession relating to the claims set forth the Complaint. 2. Any and all documents you intend to offer at the trial in this matter. 3. Any and all policy or procedure manuals or related documents describing the procedure of accepting a vehicle for service from a customer. Respectfully submitted, O'BRIEN, BARIC & SCHERER - q& A - - Michael A. Scherer, Esquire I. D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlit/neely/document.req CERTIFICATE OF SERVICE 1 hereby certify that on June 15 , 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Request For Production Of Documents, by first class U.S. mail, postage prepaid, to the party listed below, as follows: David K. Brennan, Esquire Billet & Connor 400 Washington Street, Suite 802 Reading, Pennsylvania 19601 Je ' . ndsay CERTIFICATE OF SERVICE I hereby certify that on July AD , 2006, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Motion To Compel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: David K. Brennan, Esquire Billet & Connor 400 Washington Street, Suite 802 Reading, Pennsylvania 19601 -'n ` --t r __. ?_ , _ ?' i, C''-' C, AA,-, JUL 2 4 2006 ERIN S. NEELY, V. Plaintiff EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2315 CIVIL TERM CIVIL ACTION-LAW RULE TO SHOW CAUSE AND NOW, this day of 3,.-)( 1 , 2006, upon consideration of the Motion To Compel, a rule is issued upon Defendant to show cause, if any there be, why the relief requested in the Motion should not be granted. Rule returnable 2-0 days from service. BY THE COURT, Odichael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 avid K. Brennan, Esquire Billet & Connor 400 Washington Street, Suite 802 Reading, Pennsylvania 19601 0? r ... :`1 ;:.., i f'' l l.?? „? ?? .,., ?? ? ? a :', '. ' - ? ?...1 BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 ERIN S. NEELY Plaintiff, V. Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2315 CIVIL TERM : CIVIL ACTION - LAW EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant PRAECIPE FOR SUBSTITUTION OF VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification of John R. McGreevy for the attorney verification of David K. Brennan attached to the defendants Answer to Plaintiffs Complaint which was filed with the court on June 12, 2006. BILLET & CONNOR By: h7,.j k . DAVID K. BRENNAN, ESQUIRE Attorney for Defendant (File No.: 9770-57) VERIFICATION The averments or denials of facts contained in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. ?1 1 (116 I+r BILLET & CONNOR By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 ERIN S. NEELY V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Defendant No. 2006-2315 CIVIL TERM CIVIL ACTION - LAW CERTIFICATION OF SERVICE I, David K. Brennan, hereby certify that a true and correct copy of the Praecipe for Substitution of Verification, was served upon all counsel and/or unrepresented party by regular, first class mail, postage pre-paid on September 1, 2006. BILLET & CONNOR By: /, , A." DAVID K. BRENNAN, ESQUIRE Attorney for Defendant ERIN S. NEELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-2315 CIVIL TERM EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant CIVIL ACTION-LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, JUDGES OF SAID COURT: Michael A. Scherer, Esquire, counsel for the plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is in excess of $20,000.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: David K. Brennan, Billet & Connor, 400 Washington Street, Suite 802, Reading, PA 19601; Telephone: (610) 736-3400 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ichael A' Scherer, Esquire ORDER OF COURT AND NOW, , 200, in consideration of the foregoing petition, , Esq., , Esq. and Esq. are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT, J. J*? J "V r? rT, ERIN S. NEELY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-2315 CIVIL TERM EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant CIVIL ACTION-LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, JUDGES OF SAID COURT: Michael A. Scherer, Esquire, counsel for the plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is in excess of $20,000.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: David K. Brennan, Billet & Connor, 400 Washington Street, Suite 802, Reading, PA 19601; Telephone: (610) 736-3400 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ichael A. Scherer, Esquire ORDER OF COURT AND NOW, (S , 200 G , in consideration of the foregoing ?,?1 ,4 1 petition, , Esq.,4 J'13'm ?? l &j??JJs and L4atV6, Esq. are appointed arbitrators in the above-captioned action as prayed for. ZBE COURT, S G OF THE IF" 2006 DE 151 PH = 0 1 ?t y _ t c .00 looll J BILLET & CONNOR The Madison Building 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400/ fax (610) 736-0100 ERIN S. NEELY v. EJB MOTORS, INC., d/b/a BRENNER NISSAN Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, No. 2006-2315 CIVIL TERM CIVIL ACTION - LAW Defendant WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the law firm of Billet & Connor, P.C., as counsel for defendant EJB Motors, Inc., d/b/a Brenner Nissan in the above captioned matter. By 400 Washington Street, Suite 802 Reading, PA 19601 (610) 736-3400 Dated: January 22, 2007 o Q 1 t Ft , BRENNAN & ASSOCIATES, P.C. By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 1202 Reading, PA 19601 (610) 372-0101/ fax (610) 372-4477 ERIN S. NEELY Plaintiff, V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2315 CIVIL TERM CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of defendant, EJB Motors, Inc. d/b/a Brenner Nissan in this matter. BRENNAN & ASSOCIATES, P.C. By: , DAVID K. BRENNAN, ESQUIRE Attorney for Defendant a' a BRENNAN & ASSOCIATES, P.C. By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 1202 Reading, PA 19601 (610) 372-0101/ fax (610) 372-4477 ERIN S. NEELY Plaintiff, V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Defendant Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2315 CIVIL TERM CIVIL ACTION - LAW CERTIFICATION OF SERVICE I, David K. Brennan, hereby certify that a true and correct copy of the Entry of Appearance, was served upon all counsel and/or unrepresented party by regular, first class mail, postage pre-paid on February 9, 2007. BRENNAN & ASSOCIATES, P.C. By: / - DAVID K. BRENNAN, ESQUIRE Attorney for Defendant 7 9! .-' 7 - 4 S [3 ? n Pla' 'ff Y ` '7 *?n' -. - M 0'Kp" Defendant In. The Court of Common Pleas of Cumberland i? County, Pennsylvania No. 3 - Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Signature ture . F Name( ?irman) k/& Law Firm ATU, LA cTcs Name h6gQL& Law Firm C)Mt Name Pe c k r4 11ssoC,-cJ=5.e Law Firm .316 rM Aye he,C-t GT- 116 ; Sul rl? I0D )a0 ""Ur Qr;U e Address Address Address ?u ?-C ) 0 U Ca -7101 glee A ( 74 ? City, zip city, zip city, zip 1D?5a )?o If - Y2z7 0 4t I&S15 Amard We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note If damages for delay are awarded they sh4be separately stated.) S a . Arbitrator, Date of Hearing:,A - "Z M a-„- ®'7 Bate of Award: 6 -7 ojr:7767 Notice Wintry df ALwzrd (Insert name if . M Now, the wand day of , 20_0 at __,P.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. arbitrators' compensation to be paid upon appeal: $ x350.00 By: Prothonotary Deputy 1 ce poi' 3 ? C= p • L D co ^ C BRENNAN & ASSOCIATES, P.C. By: David K. Brennan, Esquire Atty. Identification No. 69851 The Madison Building 400 Washington Street, Suite 1202 Reading, PA 19601 (610) 372-0101/ fax (610) 372-4477 ERIN S. NEELY V. EJB MOTORS, INC., d/b/a BRENNER NISSAN Plaintiff, Defendant Attorneys for Defendant EJB Motors, Inc. d/b/a Brenner Nissan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2006-2315 CIVIL TERM : CIVIL ACTION - LAW ORDER TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Please mark this matter as settled, discontinued, and ended. BRENNAN & ASSOCIATES, P.C. By: b"I '` DAVID K. BRENNAN, ESQUIRE Attorney for Defendant By: MICHA L S HERER, ESQUIRE Attorney for Plaintiff ? ai `? ?°' ? -n - . .--? _t,2y??. i ? ? `? .W} j?J S ?J Pla' ' f -7 wift - Oq L" Defendant In The Court of Common Pleas of Cumberland 2 064 -. 23 t,' County, Pennsylvania No. - Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Signature tore T Name ( airman) N/ & Law Firm ?SA MA-TULA(11-c> Name SUN bf-A-Y 04W LAW Law Firm ? Lwc,nd D Seep ?- Name Law Firm 4 e.? 1. lNt I?}IQ ?CG'fi S'-? 11? (?T? ,; Sui 1? 1 t)D 1 ?.o-.? ILt"U r ? u Address Address Address 4C4 L 0 U ?-7 101 City, zip city, zip city, zip l0&5a ) 7o It - Y227 Iq nq I * 1cPa51 Amard We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: f damages for delay are awarded they shall?be separately stated.) It /,I . Arbitrator Date of Hearing:, 7 M hr 6"7 Date of Award: g '7 tipt mn67 Notice try of k',Kvzrd Now, the nd day of Mnp6h , 20_QI-_, at 1:08 , -.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. ri -1,4f- --s' compensation to be paid upon appeal: $ 350 00 z, A By: Prothonotary Deputy (Insert name if applicable.) WARE 3 vl? 4 rd' y l J co p0