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Home My WebLink About02-1817F:~FILES\DAT,~elLE~DONEGAL DOC~ 195- eom 1/drg/t de Created: 03/26/02 02:23:40 PM Revised: 04/12/02 01:22:37 PM JACK TAYLOR and BARBARA TAYLOR, H/W, Plaintiffs UNITED RENTALS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ¢ CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Bt~r~avid ~. Gal~~./ / Attorney I.D. No. 87326 ~] Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JACK TAYLOR and BARBARA TAYLOR, H/W, Plaintiffs UNITED RENTALS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-I~1~ CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs, Jack and Barbara Taylor, are adult individuals residing as husband and wife at 191 Cactus Hill Road, Carlisle, Cumberland County, Pennsylvania. 2. At all times relevant hereto, Plaintiffs were the record owners of certain real property with improvements thereon, located at 191 Cactus Hill Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant is a corporation doing business in Pennsylvania at 5231 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. Plaintiffs' neighbor, Thomas Riggleman, rented a skid steer loader from Defendant for use on or about August 10, 2001. 5. On or about August 10, 2001, while attempting to deliver the skid steer loader to Riggleman's property via a tractor and trailer, Defendant's driver turned around in Plaintiffs' driveway and in so doing damaged Plaintiffs' driveway. 6. As a result of the damage caused by Defendant's driver, Plaintiffs sustained damage in the amount of $7,801.00, the fair and reasonable charges for repairing their driveway. A copy of the damage estimate is attached as Exhibit "A." COUNT I NEGLIGENCE 7. Plaintiffs hereby incorporate by reference the averments contained in paragraphs 1 through 6 of this Complaint. 8. The aforementioned damage was caused as a result of the negligence, recklessness and carelessness of the Defendant in that it: a. operated its vehicle in a manner that caused damage to Plaintiffs' driveway and b. failed to properly operate and control its vehicle. 9. As a direct result of the negligence of Defendant, Plaintiffs sustained damage in the amount of $7,801.00. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $7,801.00. Date: April 12, 2002 David R. Galloway Attorney I.D. No. 87326 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiffs PROPOSAL · Date 8/17/2001 Central Penn Asphalt ~rri~bu~, PA 17111 Jack Taylor 191 Cactus Hill Road Carlisle, PA. 17013 (717) 243-o2Is Job Name/l,ocation ReI~/r PayTnent Team: D~le o~! r~x~t SCOPE OF V¢ORK .lo.~ # 01.400 1. Place and grade ~4 b~ila~ rock in the large e~ved in areas of the driveway. 2. Place, grade and compact 2A modified stone base on the driveway apron that was damaged by th~ truck and ~ Dmn~n.0.o Offthg side of thc driveway. - ' :~: .(_,:',: - 3. Sawcut a~ rcmo~ ~ ~k~ ~ on ~ ~g~ of~ ~y ~ ~h~ 3 h&cl~ ofasp~d* b' .a~Icr 4. Sweep and clcauallloosc dirt ~nd debris from proposed paving area. ' ~:'~ 5. Place 1 1/2 inches of co .mpactcd PENNDOT appr°ved TypcL. ID-2 wearing course [Area to Eq, ml: 1155.3 s.y. ' '" EXCLUSIONS: Permits and fees. FIVE YEAR WARRANTY $7,801.00 All material is gmzranteed to be as special. All work to be completed in a wodunanlike manner according to smndord pract~v.c Any all~,mi~ or deviation from above spec~qcations involving e~trq, costs will be ey~d only upon written orders, and will become an eaba chat~ o~r smd abovo the astimate, ,4ll agreements contingent upon strfl~, accident~ or delayg beygmd our controL Ovmer to carry £u,e. tornado, and other ~,*--~,y inmmnce. Our v, orkere are fid~y aner~ by Wor, tau~'s Compensa. on ~ ACCEFFANCE OF PROPOSAL - The prices, specO~cotions and conditions are ~lirfactory and are hereby accepted. You are audsoriz~ ~o do the m~rk as specified. Paymem will be made as outlined $1GNA TTJRE ProposM Expircs 9/17/2001 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. 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 content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Jack ~a~ APR 0 2 2002 JACK TAYLOR ~dBARBARA TAYLOR, H/W, Pl~ntiffs UNITED RENTALS, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1817 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, United Rentals, Inc., in the above-captioned matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN /4T . EsQ I.D. No. 78867 ~'~ 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for the Defendant DATE: JACK TAYLOR and BARBARA TAYLOR, H/W, Plaintiffs UNITED RENTALS, 1NC., Defendant IN THE COURT OF COMMON PLEAS CI_rMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1817 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Angela Sanger, an employee of Marshall, Dermehey, Warner, Coleman & Goggin, do hereby certify that on this It~ ~4~ day of April, 2002, I served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Angela S g~nger - -- SHERIFF'S RETURN - REGULAR CASE NO: 2002-01817 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TAYLOR JACK ET AL VS UNITED RENTALS INC J MICHAEL ICKES Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE UNITED RENTALS INC Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 1355:00 HOURS, on the 16th day of April at 5231 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 by handing to MILES BAKER MANAGER a true and attested copy of COMPLAINT & NOTICE , 2002 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this 25~ day of ~i~ ~20~ ~Z~ A.D. / ~ProtIa~notary ' So Answers: R. Thomas Kline 04/17/2002 MDW&O By: Deputy- Sh~rif][ JACK TAYLOR andBARBARA TAYLOR, H/W, Plaintiffs UNITED RENTALS, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1817 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Plaintiffs, Jack Taylor and Barbara Taylor c/o David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 You are hereby notified to plead to the enclosed Answer with New Matter to Plaintiffs' Complaint on behalf of Defendant, United Rentals, Inc., within twenty (20) days from service hereof or a default judgment may be filed against you. DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN& GOGGIN BY: lcD. No. 78867 4200 Crams Mill Road, Suite Harrisburg, PA 17112 (717) 651-3506 Attorneys for the Defendant \05_A\LIAB~S JB\LLPG\94195~AC S~ 1082\00142 JACK TAYLOR and BARBARA TAYLOR, H/W, Plaintiffs UNITED RENTALS, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1817 : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW comes Defendant, United Rentals, Inc., hereinafter "Defendant", by and through the undersigned counsel, who answers Plaintiffs' Complaint as follows: 1. Responding Defendant lacks knowledge sufficient to form a belief as to the troth of the allegations contained in Paragraph 1, and therefore, the same are denied with strict proof thereof required at trial. 2. Denied. Responding Defendant lacks knowledge sufficient to fom~ a belief as to the troth of the allegations contained in Paragraph 2, and therefore, the same are denied with strict proof thereof required at trial. 3. Admitted. 4. Admitted in part. It is admitted that a Thomas Riggleman rented a skid steer loader from Defendant. However, responding Defendant lacks knowledge sufficient to form a belief as to the truth of the remaining allegations contained in Paragraph 4, and therefore, the same are denied with strict proof thereof required at trial. 5. Denied. It is specifically denied that Defendant's driver turned a tractor and trailer around in Plaintiffs' driveway. By way of further answer, Defendant's driver reversed the vehicle out of the driveway alleged to be owned by Plaintiffs. 6. Denied. It is specifically denied that Defendant's driver caused $7,801.00 damage to the driveway alleged to be owned by Plaintiffs. It is further denied that $7,801.00 is a fair and reasonable charge for repairing any alleged damage to the driveway. 7. Incorporated avem,ents for which no further answer is required. 8. Denied. Any damage that may have occurred was not due to negligence, recklessness and carelessness on the part of Defendant. a. Denied. The vehicle was operated in only a professional manner by the driver. b. Denied. The vehicle was properly operated and controlled at all times by the driver. 9. Denied. Paragraph 9 is denied in that the same contains conclusions of law to which no response is required, and therefore, the same are denied with strict proof thereof required at trial. To the extent an answer is required, Defendant was not negligent and did not cause Plaintiffs to sustain damages in the amount of $7,801.00. WHEREFORE, Defendant, United Rentals, Inc., demands judgment in its favor and against the Plaintiffs together with such costs this Honorable Court deems appropriate. 10. The driveway that Plaintiffs allege to own was not originally paved according to industry standard. 11. Any damage or deficiencies to Plaintiffs' alleged driveway pre-existed Defendant's delivery of the skid steer loader to Mr. Riggleman. 12. In the alternative, if any damage can be attributed to Defendant, the amount of damage, and the cost of repair, is de minimus. 13. Plaintiffs' Complaint is not filed in accordance with Cumberland County Local Rule 1301.1 which states, in pertinent part, that "[a]ll civil cases which are at issue in which the total amount in controversy is Twenty-Five Thousand Dollars ($25,000.00) or less .... shall be submitted for hearing and award to three members of the Bar of Cumberland County to be designated as a Board of Arbitrators." DATE: MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ~~~ 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3506 Attorneys for the Defendant RPR 30 2002 3:20PM UMITED~$REMALS~$~ 7177956195 Apr-~-~.OO2 22:4~ Fr~-~RSH4LL ~I~NEi~¥ ,I.?I~'~'$ZII4E T-O?l P.ilOi/OO$ F-58g The unders~2ned hereby verifies that the statements in thc foreBoing Defendant's Answer with New Ma~ter to Plaintiffs' Complaint are based ~lpon information which has been furnished to counsel by me and inform~lion which has been 8athered by counsel ilt the preparar, ion of the defense of this lawsuit. The lan~uasa of the Dcfendanl'$ Answe~ with New Matter to Plaintiffs' Complaint is that of counsel and not' my own. I have read d~e Answer with New Matter ~o Plaintiffs' Complaint, and to thc extcnt that it is based upon h~fonnation which I havc ~iven to counsel, it is true and correct to thc bcst of my knowledge, inf~.rmadon and belief. To tl~e e)aent that the conlcnts of'the Defendant's Answer with New Mait~r to Plaintiffs' Complaint are that of counsel, I have relied upon my counsel in making this verification. The u~ule~si~ncd also understands that the s~ateme~ts $he~ei~ are made subjea to the penaitie of 18 Pa.C.$. Section 4904, relalm8 to tmswom f~lsification to authorities. DATI~.: UNITBD R.BNTAL.~, INC. JACK TAYLOR and BARBARA TAYLOR, H/W, Plaintiffs UNITED RENTALS, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 2002-1817 : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, ~rlq~/{t~c~n r.~.., an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this ~n t~daY of May, 2002, I served a copy of the foregoing documents via First Class United States mail, postage prepaid as follows: David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 JACK TAYLOR ~'~and BARBARA TAYLOR, H/W Vo UNITED RENTALS, INC. IN 1'H£ COURT OF CO~ON PLEAS OF C~'HBERLAND COUNTY. PENNSYLVANIA' NO. 2002-1817 CIVIL RULE 1312-1, The Petttlon for Appointment of Arbitrators shall be substantially in the following for~: PETITION FOR APPOINTH~T OF ARBITRATORS TOT HE HONORABLE. THE JUDGES OF SAID COURT: David R. Galloway, Esquire , counsel for the platntiff/~tn the above action (or actions), respectfully represents ~hat: 1. The above-captioned act/on (or actions) is (are) at issue- 2. The claim of the plaintiff in the act£on is $ 7.801.00 The counterclaim of the defendant in the action ts N/A The following attorneys are interested in the case(s) as counsel or are other- wise disqualified co sit as arbitrators: Stephen J. Barcavage, Esquire, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, 4200 Crums Mill Road, Suite B, H~ ~;~bu~, FA 17112 W~FOR~, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be subnitted. P,~D NOW, t'~////f/'tz;f /3 , ~d~ , in consideration of the Esq., and~ ~ ,Esq., are appointed arbitrators tn the above-cape acC/on (or actions) as prayed for. By th~ P.J. JACK TAYLOR and BARBARA TAYLOR, Husband and Wife UNITED RENTALS, INC. IN RE: ARBITRATION · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1817 CIVIL TERM ORDER OF COURT AND NOW, September 9, 2002, the Court having been informed that the above case has been settled prior to the scheduled hearng, the Board of Arbitrators previously appointed is hereby vacated, and the Chairman of the Arbitration Panel, David A. Baric, Esquire, shall be awarded the sum of $50.00. D/aavid Baric, Esquire Chairman ,/4~tricia Brown, Esquire ,,J~anne Clough, Esquire Court Administrator By the Court, F:~FILES~DATAFILE~ONEGAL DOCx 195-pta. l/td¢ Created: 08/09/02 01:02:30 PM Revised: 09/09/02 04:29:52 PM 3050.195 JACK TAYLOR and BARBARA TAYLOR, H/W, Plaintiffs UNITED RENTALS, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1817 CWIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARDORF_~WILLIAMS & OTTO I.D. Nt~ber 873 6 / Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date:~/dTr c2~aa CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe to Settle and Discontinue was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Stephen J. Barcavage, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 MARTSON DEARDORFF WILLIAMS & OTTO ~enroad Ten East High Street Carlisle, PA 17013 (717) 243-3341