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HomeMy WebLinkAbout06-4921a COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. OL - 4vt OiUX-T" NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME 7 CV YEAR C V - /!Y,/-06 LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. re ? Oqs- 3 tEO3 STAT? (DEFENDANT) 1l? vs. ch 1 nNL/lc OF APPELLANT OR HIS ATTORNEYOR AGENT 12_ 101IGU lnc, feF4(/ If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice, IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No.do-JMI 04J,) n within twenty (20) days after service of rule or suffer entry of judgment of non pros. ?"', ' t Signature of appellant or his attorney or agent RULE: To Ch a.r t-eS P?r? ?? rd appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Year Q,ZW?Q_ Signet ary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appeiant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 r )_ ? w r *ROOF of $ER*X* OF NanCE OF APPEAL AND WbE TOyFK" COOKAWT (This proof of senrkc MUSS' BE FILED WITHIN TEEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMO NWE$(kTH OF PENNSYLVANIA COUNTY OF :as AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year reoeitk sdeohed hereto, and upon theappelles. (name , on year by personal service ©hy (catBled) (regisared) melt, sandal's receipt attached hereto. 0 and further that I served the Rule to File a Complaintpooompanyng the above;Notice of Appeal upon the appellee(s) to whom the Rule was addressed on . year - [2by personal ftvice ©by (oertilled) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR S#rmWm of ~bekm *Wm aMd^* a made reeaoffew My commission expires on . year 'OL? Ss ?i .? (r! c= C m.M w W g 41 n w ?m cn 0 r COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CurlazMUA.u Mqq Ob, No 09-3-03 MOJ MMe 14, SOBAX K. DAY 229 KILL ST, BOX 167 BY. HOLLY SPRIWOR, PA *Nmnen. (717) 486-7672 17065 Slat TMzR SATIOIVIL XNC 1 0 1' 1111119111. DR CARLISLE, RA 17013 NV It;tr LJt• 4 L Vk2IY[GIv if r TWaty-K mfr . CWL CASE/? P AINTIFF: ?Iii I(e'ss.-r?' BRADPORD• CB7lJ3LE8. ROOTS 30 P.O. BOX 61 J? LSADSBORYVILLE, PA 1931,69 K? V& DEFENDANT' NAME w 0 AE /, BBEIDID11 NAT IHC, ET AL. I B0111=11119R. DR t:'.ARLI8LE, PA 17013 L J Docket No.: CV-0000141-06 Date Filed: 6/12/06 THIS IS TO NOTIFY YOU THAT: _ Judgment. 13 EIli113LS ?1i1t?T PLTf. --- (Date of Judgment) 7125/Ofi. © Judgment was entered tor: (Name) BRADPORD, CBARL38 [X1 Judgment was entered against: (Name) SC1aRIDER XAT INC in the amount of $ 7.901.6 11 Defendants are jointly and severally liable. El Damages will be assessed on Date 8 Time El This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease S Amount of Judgment $ 7.770.15 - Judgment Costs $ I3i3b ? interest on Judgment $ . 0 Attorney Fees 0 $ .0 Total $ 7,901.65 Post Judgment Credits $_ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARVICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMFWrrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST CO FRbM.TME CUURFOF7C0MMON PLEAS -A -N0111 R-01 ft 0S1* 9E ISSUEO 9Y TFE MAGI TEX. bi TR1 JUDGE' UNLESS THE JUDGMENT 15 ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. /-d?7T`TCo Date I certify that this is a true Date Magisterial District Ju .14 AdA copy of the reco oft proceedings containing the judgment. My commission expires first Monday of January. 2010. AOPC 315-06 DATE PRIBTEDIt 7/26/06 ZO 'd 'ON Xdd ZO:ZL 9002 ll. ?nY , Magisterial District Judge SEAL 9x05:00 IN WH 01:1i 18d 9003- H -onv - '1k 'PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO,F(Lf COANkAINT (This proof of searioe MUST,BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF I, L f i-, ; as AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. ;'i 1 ,upon the District Justice designated therein on (date of service) year ? by personal service ay (certified) (registered) mail, sender's receipt attached hereto,-and upon the appellee, (name on year .<?.%.? by personal service E316y (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year by personal service Eyy (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR S,gmefae of official before wham eH/dM was made Toe of of/Icw My commission expires on . - , year COMMONWEALTH OF PENNSYLVANIA Notarial Seel h hale A SYte, Notary Public Y Of M norr ExpINOV. te2008 Co Member, Pennsylyanla Association of. Notaries S,bMareafAAW C-) C N 0 O T? Z rt a c ' r i Fri? A _ a T, n p z ca rn 0 ? - COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No: OLO UI l.E/'. ?f'? NOTICE OF APPEAL Mw x..r-.. ,r Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF-APPELLANT MAO. DIST. NO. OR NAME OF D.J. CV YEAR. LT YEAR. k will be si This A St CX N(?1IU1W,1,.1 ll1LI. 1 ?n)-U0 iv CITY ^ STATE ZIP CODE V Q 4? gl(c INTHECASEOF(PLAINTIFF) (DEFENDANT SKMTURE ATTORNEY OR AGENT 1 ONLY when this notation is requirfd under PA. hen received by the District Justice, will operate as a Judgment for possession in this case. If appellant was Claimant (see A R.C.P.J.R No. 1601(6)) in action be/ore district Justice, he MUST FILE A COMPLAINT within twenty (20) oeys alter fife his NOTICE of APPEAL. - PILE (This section of form to be used ONLY when'appellent was DEFENDANT ;See PA R.C,P.J.P. No.1 DDf (7) in action before District Justice. IF NOT USED, detach from copy otnotk a of appeal to be served Vpon appellee. PRAECIPE: To Prothonotary Enter rule upon Lid l?'r??r appellee(s), to file a complaint in this appeal Name of appellee(at (Common Pfeas No. - wthin twenty (20) days after service of rule or, suffer entry of judgment of non pros. Stgnature of appellant or his attorney orapenf F . ,RULE:. ,rnnmm aµnnealo! - (1) You are notified that a rile o hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of W?4 offhIWLdtfe.upon you by personal service or by certified or registered mail. {2) If you do .fit writnk'uthPa lyre, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON P „ ; ). (3) The date st ice Qi thistle ii -;Ise ce tes by mail is the date of this mailing. Date: White - Prothonotary Copy Green - Court -File Copy Yellow - Appellant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth, - 76 Postal (IJ • MAIL REC LIP I O Mail Only; No Ins (Domestic urance Coverage Provided) M1 I AA ? rR Postage $ gRISB(? '? 9 C to G Certified Fee p A P ?? O Return Receipt Fee C0 rg,? C3 (Endorsement Requital A}r M EYestdcled Delivery Fee (Endowment Required) V 20 A O Total Postage 8 Fees $ O n • .1 ...... .... ... ... ....... .o i CERTIFIED M AIL R ECEIPT li lri .a (Domestic 0 T t. O A Postage $ - O Certified Fee CJBV/?Q In RMUm Receipt Fee (EndowmeM Re l red) O Reaidcted Delivery Fee y e + C3 (Endorsement Required) ? O A W Q Total Postage 8 Fees $ ..0 n 0 ,...?? N ?? ? C. ? S- ? "O t7% ??r ? e? .. c; n? C!: - :: ? ?" ?O p?_ y> 7,: r__ W J "G.f..'..1?? R J? '?Tr} 'rn ?Y.1 HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: cjallerton@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD : IN THE COURT OF COMMON PLEAS 330 Ash Road OF CUMBERLAND COUNTY, PENNSYLVANIA Coatesville, PA 19320 CIVIL ACTION Plaintiff, NO. 06-4921 V. SCHNEIDER NATIONAL, INC P.O. BOX 2650 Green Bay, WI 54306 Defendant. 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 claims 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 1-800-990-9108 717-249-3166 HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: cjallerton@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD : IN THE COURT OF COMMON PLEAS 330 Ash Road OF CUMBERLAND COUNTY, PENNSYLVANIA Coatesville, PA 19320 CIVIL ACTION Plaintiff, NO. 06-4921 V. : SCHNEIDER NATIONAL, INC. P.O. Box 2680 Green Bay, WI 54306 Defendant. COMPLAINT 1. Plaintiff, Charles Bradford (hereinafter referred to as "Bradford"), is an adult individual of the Commonwealth of Pennsylvania currently conducting business at Box 81, Sadsburysville, PA 19369. 2. Defendant Schneider National, Inc. (hereinafter referred to as "Schneider") is a business corporation conducting business in Pennsylvania with a principal place of business located at 1 Schneider Drive, Carlisle, PA 17013. 3. Plaintiff is an independent long-haul truck driver, who owns a 1998 Freightliner tractor. 4. On November 15, 2005, Plaintiffs tractor trailer combination unit was parked at a truck stop in Buckeye Lake, Ohio. 5. While parked in the lot of the truck stop, Plaintiff's tractor was struck by a Schneider National, Inc. tractor trailer operated by Schneider's agent, servant or employee, David Echols. 6. Plaintiff's tractor sustained significant damages which required that Plaintiff remove the tractor from service for a period of fourteen (14) days to effectuate repairs. 7. During the fourteen (14) days Plaintiff's tractor was in the shop for body work repairs, Plaintiff sustained lost revenues in the amount of $6,770.15. 8. Subsequent to the body work repairs being made, on February 6, 2006, Mr. Bradford experienced problems with the engine failing to start and took the truck to Penn Detroit Diesel Allison ("Penn Detroit") for service. 9. During Penn Detroit's investigation of the engine, it was discovered that the truck sustained damage to the charged air cooler as a result of the collision, and Penn Detroit replaced the charged air cooler. 10. The cost of parts and labor to repair the charged air cooler was $1,000.00. Negligence 11. Plaintiff incorporates Paragraphs 1 through 10 hereinabove as if fully set forth at length. 12. At all times relevant hereto, Defendant's agent, servant or employee, David Echols, was operating a tractor trailer combination unit in the course and scope of his employment with Schneider National, Inc. 2 13. It was the duty of Schneider National, Inc.'s driver, David Echols, to operate his tractor trailer combination unit with due care and caution, in accordance with the applicable statutes and ordinances, in effect at the said time and place. 14. The occurrence of the aforesaid collision, and the resulting losses and damages to Plaintiff, were caused directly and proximately by the carelessness, negligence, and/or recklessness of Defendant Schneider National Inc.'s agent, servant or employee. 15. At the time and place aforesaid, Defendant Schneider National Inc.'s agent, servant or employee was guilty of one or more careless, negligent, and reckless acts or omissions generally and more particularly described as follows: (a) carelessly, negligently and recklessly failed to keep a proper lookout; (b) carelessly, negligently and recklessly failed to maintain proper control of the vehicle; (c) carelessly, negligently and recklessly operated said tractor trailer combination unit at an excessive and dangerous rate of speed in the truck stop parking lot in light of the traffic and weather conditions then and there present; (d) carelessly, negligently and recklessly failed to sound a horn or otherwise give timely warning of the impending collision; (e) carelessly, negligently and recklessly failed to maneuver the tractor trailer combination unit to execute a turn in the parking lot; and (f) carelessly, negligently and recklessly operating the tractor trailer combination unit without regard for the safety of other vehicles occupying the parking lot of the aforesaid truck stop. 16. As a direct and proximate result of David Echols's negligence in operating the tractor trailer combination unit on behalf of Schneider National, Inc., Plaintiff sustained damage to the charged air cooler of his tractor in the amount of $1,000.00. 17. As a direct and proximate result of David Echols's negligence in operating the tractor trailer combination unit on behalf of Schneider National, Inc., Plaintiff sustained lost revenues in the amount of $6,670.15 for the period of fourteen (14) days during which his tractor was out of service for repairs. 18. Defendant Schneider National, Inc. is liable to Plaintiff for all losses and damages directly and proximately related to the accident. WHEREFORE, Plaintiff requests judgment in his favor and against Defendants in the amount of $7,770.15, together with costs of suit and any other relief deemed appropriate by this Honorable Court. Respectfully submitted, Cheryl J. Alldr=AN, uire, I.D. No. 72741 HARTMANHOWE & ALLERTON, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 Facsimile: (610) 779-7473 Email: cjallerton@hhha.com Attorneys for Plaintiff Dated: September (5 , 2006 4 09/06/2006 16:11 Fax 11008/008 I am Charles Bradford, Plaintiff in the within action. I hereby verify that the facts set forth in the foregoing; Complaint are true and correct to best of my knowledge, information and belief and that this verification is made subject to the penalties of 18 Pa. C.S,A.§ 4904 relating to unsworn falsification to authorities. ??U ? - Charles Bradford Dated: /,46 , ?? , HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: cjallerton@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD 330 Ash Road Coatesville, PA 19320 Plaintiff, V. SCHNEIDER NATIONAL, INC. P.O. Box 2680 Green Bay, WI 54306 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 06-4921 CERTIFICATE OF SERVICE I, Cheryl J. Allerton, Esquire, hereby certify that on September , 2006, I served a true and correct copy of the within Complaint in the above-captioned matter via United States first class mail, postage prepaid, addressed to counsel for Plaintiff as follows: Michael T. Traxler, Esquire Rawle & Henderson LLP 25 North Front Street, First Floor Harrisburg, PA 17101 , HOWE & ALLERTON, P.C. P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 Facsimile: (610) 779-7473 Email: cjallerton@hhha.com Attorneys for Plaintiff 2 2901 St. Lawrence Avenue ;, ?., ?- ? _a --t -- c.?a ?_- ._ F c? =- HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: ciallerton@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD Plaintiff, V. SCHNEIDER NATIONAL, INC. Defendant. NO. 06-4921 CERTIFICATE OF SERVICE I, Cheryl J. Allerton, Esquire, hereby certify that on October 30, 2006, I served a true and correct copy of the within Important Notice Under 237.1 in the above-captioned matter via United States first class mail, postage prepaid, addressed to the following: Michael T. Traxler, Esquire Rawle & Henderson LLP 25 North Front Street, First Floor Harrisburg, PA 17101 Schneider National, Inc 1 Schneider Drive Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION Schneider National, Inc. P.O. Box 2680 Green Bay, WI 54306 Cheryl J. AYlert# Esquire, I.D. No. 72741 HARTMAN, ARTMAN, HOWE & ALLERTON, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 Facsimile: (610) 779-7473 Attorney for Plaintiff r1 t7 r,..-: " y ti ?l To the Plaintiff: You are hereby notified to file a written response to the enclosed Preliminary Objections within tweglty (20) days from service hereof or a judgment may be entered against you. RAWLE & HENDERSON By: I , Michael T. Traxler Attorneys for Defendant Schneider National , Inc. RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Identification No. 67353/90961 25 North Front Street, First Floor Harrisburg, PA 17101 Attorneys for Defendant, (717) 234-7700 Schneider National, Inc. ------------------------------------------------------ CHARLES BRADFORD COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. CIVIL ACTION SCHNEIDER NATIONAL, INC., NO.: 06-4921 Defendant. PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant, Schneider National, Inc, by and through its attorneys, Rawlo & Henderson LLP, hereby preliminary objects to plaintiff's Complaint and in support thereof avers as follows: MOTION TO STRIKE COMPLAINT FOR LACK OF PERSONAL JURISDICTION 1. This action involves a motor vehicle accident which occurred) on November 15, 2005, in the parking lot of a truck stop in Buckeye Lake, Ohio when 1379792 v.I "plaintiff's tractor was struck by a Schneider National, Inc. tractor trailer operated by Schneider's agent, servant, or employee, David Echols." See paragraphs 4 and 5 of the plaintiff s Complaint attached hereto as Exhibit "A,". 2. Plaintiff's Complaint was forwarded to this Court for filing on or about September 15, 2006. 3. In paragraph 1 of plaintiffs Complaint, plaintiff avers that he currently conducts business at Box 81, Sadsburysville, PA 19369. Sadsburysville is located in Chester County, Pennsylvania. See Exhibit "A." 4. In paragraph 2 of plaintiff's Complaint, plaintiff avers that Schneider National, Inc. is a business corporation conducting business in Pennsylvania with a principal place of business located at 1 Schneider Drive, Carlisle, PA 17013. See Exhibit 5. To the contrary, Schneider National, Inc.'s principal place of business is located in Greenbay, Wisconsin. Further, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. 6. This Court lacks personal jurisdiction over Schneider National, Inc. 7. Once the question of personal jurisdiction is raised, "the plaintiff bears the I burden to prove, by a preponderance of the evidence, facts sufficient to establish personal I jurisdiction." Carteret Savings Bank, FA v. Shushan, 954 F.2d 141, 146 (3d Cir. 1092) cert, denied, 506 U.S. 817 (1992); Timeshare Vacation Club v. Atlantic Resortsikd , 1379792 v.I 735 F.2d 61, 63 (3d Cir. 1984); Temtex Products, Inc. v. Kramer, 479 A.2d 500, 507 (Pa. Super. 1984). 8. Authority to exercise jurisdiction over a non-resident is found in the provisions of Pennsylvania's "long arm statute," 42 Pa. C.S.A. § 5301, et sea., and the Uniform Interstate and International Procedure Act. 42 Pa. C.S.A. § 5321, et sea. The scope of that authority is co-extensive with the minimum contacts with the forum required by the due process clause of the United States Constitution. 42 Pa. C.S.A. § 5322(b). 9. A court's jurisdiction over a non-resident defendant may arise either out of a specific connection that the defendant has with the forum state that has given rise to 'the plaintiff's cause of action ("specific jurisdiction") or out of "continuous and systematic" contact with the forum state ("general jurisdiction"). 42 Pa.C.S.A. § 5301. See Iso Brotherhood Cia Naviera S.A. v. Zapata Marine Service Inc., 547 F.Supp. 688, 691 4.2 . (E.D.Pa. 1982). 10. The plaintiff's cause of action arises out of a specific contact with defendant, Schneider National, Inc., which occurred in Buckeye Lake, Ohio. 11. Because the plaintiff's cause of action does not arise out of any specific contact with Schneider National, Inc. in Cumberland County, Pennsylvania, this Court lacks "specific" personal jurisdiction over it. 12. In order for this Court to have "general" personal jurisdiction defendant, Schneider National, Inc., the plaintiff must prove, at the very least, that defendant has "certain minimum contacts with [the forum state] such that j the maintenance of the suit does not offend traditional notions of fair play and substantial 1379792 v.I justice." International Shoe Co. v. State of Washington, 326 U.S. 310, 316 (1945); World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980). 13. In order for a party's contacts with the forum state to satisfy the requisite minimum contacts, the connection with the forum state must be sufficient so that ?Iie person or entity "should reasonably anticipate being hauled into court there." Bur er King Corp. v. Rudzewicz, 471 U.S. 462,475 (1985). 14. Pursuant to the Pennsylvania long-arm statute, Pennsylvania courts Will exercise personal jurisdiction over a non-resident defendant only where that defendant maintains in "continuous and systematic" contact with the Commonwealth. 42 Pa.C.8,.IA. § 5301. 15. As a holding company incorporated in Wisconsin and maintaining; its principal place of business in Greenbay, Wisconsin, Schneider National, Inc. hasl no ``continuous and systematic" contact with Pennsylvania. 16. Without the necessary minimum contacts, this Court lacks personal jurisdiction over Schneider National, Inc. under both the United States Constitution and the Constitution of the Commonwealth of Pennsylvania. WHEREFORE, Schneider National, Inc. prays that all Counts against it be dismissed with prejudice for lack of personal jurisdiction. RAWLE & HENDERSON LLP Date ///6 /_-2 0e., (0 i By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendant, Schneider National, Inc. 1379792 v.I CERTIFICATE OF SERVICE I hereby certify that on today's date I served a true and correct copy of foregoing Preliminary Objections to Plaintiff's Complaint by first-class mail, po prepaid, upon all attorneys of record, addressed as follows: Cheryl J. Allerton, Esquire 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 (610) 779-0772 Date: / i/(,/a,e, (O 1379792 v.I T i I 60 4 i ?I I i i ?i HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: ciallertonaa,hhhaxom ATTORNEYSFOR CHARLES BRADFORD : IN THE COURT OF COMMON PLEAS 330 Ash Road : OF CUMBERLAND COUNTY, PENNSYLVANIA Coatesville, PA 19320 CIVIL ACTION Plaintiff, NO. 06-4921 V. SCHNEIDER NATIONAL, INC. P.O. Box 2680 Green Bay, WI 54306 Defendant. 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 warns 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 claims 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 BELO W. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA ] IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER L9 AL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 2 HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: cjallerton@hhha.com ATTORNEYS FOR PL NTIFF CHARLES BRADFORD : IN THE COURT OF COMMON PLEAS 330 Ash Road OF CUMBERLAND COUNTY, PENNSYLV ANIA Coatesville, PA 19320 CIVIL ACTION Plaintiff, NO. 06-4921 V. SCHNEIDER NATIONAL, INC. P.O. Box 2680 Green Bay, WI 54306 Defendant. COMPLAINT 1. Plaintiff, Charles Bradford (hereinafter referred to as "Bradford"), is an individual of the Commonwealth of Pennsylvania currently conducting business at Box $1, Sadsburysville, PA 19369. 2. Defendant Schneider National, Inc. (hereinafter referred to as "S business corporation conducting business in Pennsylvania with a principal place of located at 1 Schneider Drive, Carlisle, PA 17013. 3. Plaintiff is an independent long-haul truck driver, who owns a 1998 is a tractor. 4. On November 15, 2005, Plaintiff s tractor trailer combination unit was parked at a truck stop in Buckeye Lake, Ohio. 5. While parked in the lot of the truck stop, Plaintiff s tractor was struck by Schneider National, Inc. tractor trailer operated by Schneider's agent, servant or employ! David Echols. 6. Plaintiffs tractor sustained significant damages which required that Pla remove the tractor from service for a period of fourteen (14) days to effectuate repairs. 7. During the fourteen (14) days Plaintiff s tractor was in the shop for body repairs, Plaintiff sustained lost revenues in the amount of $6,770.15. 8. Subsequent to the body work repairs being made, on February 6, 2006, Bradford experienced problems with the engine failing to start and took the truck to Pe Detroit Diesel Allison ("Penn Detroit") for service. 9. During Penn Detroit's investigation of the engine, it was discovered that ?he truck sustained damage to the charged air cooler as a result of the collision, and Penn Detroit the charged air cooler. 10. The cost of parts and labor to repair the charged air cooler was $1,000.01 Negligence 11. Plaintiff incorporates Paragraphs 1 through 10 hereinabove as if fully set length. 12. At all times relevant hereto, Defendant's agent, servant or employee, Echols, was operating a tractor trailer combination unit in the course and scope of his employment with Schneider National, Inc. forth at 2 13. It was the duty of Schneider National, Inc.'s driver, David Echols, to ope?ate his tractor trailer combination unit with due care and caution, in accordance with the statutes and ordinances, in effect at the said time and place. 14. The occurrence of the aforesaid collision, and the resulting losses and damages to Plaintiff, were caused directly and proximately by the carelessness, negligence, and/or recklessness of Defendant Schneider National Inc.'s agent, servant or employee. 15. At the time and place aforesaid, Defendant Schneider National Inc.'s age servant or employee was guilty of one or more careless, negligent, and reckless acts or emissions generally and more particularly described as follows: (a) carelessly, negligently and recklessly failed to keep a proper (b) carelessly, negligently and recklessly failed to maintain proper the vehicle; (c) carelessly, negligently and recklessly operated said tractor trailer combination unit at an excessive and dangerous rate of speed in the truck stop parking I( of the traffic and weather conditions then and there present; (d) carelessly, negligently and recklessly failed to sound a horn or give timely warning of the impending collision; (e) carelessly, negligently and recklessly failed to maneuver the combination unit to execute a turn in the parking lot; and (f) carelessly, negligently and recklessly operating the tractor combination unit without regard for the safety of other vehicles occupying the parking I aforesaid truck stop. of t in light trailer lot of the 3 16. As a direct and proximate result of David Echols's negligence in operating the tractor trailer combination unit on behalf of Schneider National, Inc., Plaintiff sustained to the charged air cooler of his tractor in the amount of $1,000.00. 17. As a direct and proximate result of David Echols's negligence in operating the tractor trailer combination unit on behalf of Schneider National, Inc., Plaintiff sustained revenues in the amount of $6,670.15 for the period of fourteen (14) days during which h?s tractor was out of service for repairs. 18. Defendant Schneider National, Inc. is liable to Plaintiff for all losses and directly and proximately related to the accident. WHEREFORE, Plaintiff requests judgment in his favor and against Defendants in the amount of $7,770.15, together with costs of suit and any other relief deemed Honorable Court. Respectfully submitted, Cheryl J. Allr?o , uire, I.D. No. 72741 HARTMAD, H, AN, HOWE & ALLERTO 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 Facsimile: (610) 779-7473 Email: cjallerton@hhha-com Attorneys for Plaintiff Dated: September I ? , 2006 by this 1, P.C. 4 '08/08-/2006 16:11 FAX CSI MK? I am Charles Bradford, Plaintiff in the within action. I hereby verify that the 16008/008 set forth in the foregoing Complaint are true and correct to best of my knowledge, information andl belief and that this verification is made subject to the penalties of 18 Pa, C.S,A,§ 4904 relating to falsification to authorities. Dated: le?E I'e -Y0® ?„ HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: ciallerton(a,hhhaxom ATTORNEYSFOR CHARLES BRADFORD 330 Ash Road Coatesville, PA 19320 Plaintiff, V. SCHNEIDER NATIONAL, INC. P.O. Box 2680 Green Bay, WI 54306 Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL ANIA CIVIL ACTION NO. 06-4921 CERTIFICATE OF SERVICE I, Cheryl J. Allerton, Esquire, hereby certify that on September ?, 2006, I served a true and correct copy of the within Complaint in the above-captioned matter via United States first class mail, postage prepaid, addressed to counsel for Plaintiff as follows: Michael T. Traxler, Esquire Rawle & Henderson LLP 25 North Front Street, First Floor Harrisburg, PA 17101 Cheryl J.,A1 e o squirt; I.D. No. 72741 HARTMA MAN, HOWE & ALLERTO , P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 Facsimile: (610) 779-7473 Email: cjallerton@hhha.com Attorneys for Plaintiff 2 ('} ,? .-, '?Jt • --1 f._.. ! ??YY a.JJ {y ? • ? l 1 -f ?"°? HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire; Rachel D. Bashore, Esquire IDENTIFICATION NO. 72741; 202823 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: clallerton@hhha.com; rbashore@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION V. NO. 06-4921 SCHNEIDER NATIONAL, INC. Defendant. MOTION TO STRIKE DEFENDANT'S PRELIMINARY OBJECTIONS AS UNTIMELY PURSUANT TO RULE 1026(A) 1. This action arose from a motor vehicle accident that took place on November 15, 2005 between Charles Bradford, the Plaintiff, and a tractor trailer operated by David Echols, an agent, servant, or employee of Schneider National, Inc., the Defendant. 2. Plaintiff filed his Complaint with this Court and served the Complaint on Defendant on or about September 15, 2006. 3. Defendant failed to file an Answer to Plaintiff's Complaint, which was due on or before October 5, 2006. 4. Plaintiff served a Notice of Intent to Enter Default Judgment on Defendant on October 30, 2006, pursuant to Pennsylvania Rule of Civil Procedure ("Rule") 237.1. Pa.R.C.P. No. 237.1. 5. Defendant filed preliminary objections to Plaintiff's Complaint on or about November 6, 2006, approximately forty-nine (49) days after the Plaintiff's Complaint was served. 6. Defendant was required to file its response to Plaintiff's Complaint, including any preliminary objections, within twenty (20) days of service of the Complaint. Pa.R.C.P. No. 1026(a). 7. When a Plaintiff files a Notice of Intent to Enter Default Judgment, and the Defendant files preliminary objections to Plaintiff's Complaint during the ten-day grace period before default judgment, the Court should grant Plaintiff's Motion to Strike Preliminary Objections as Untimely Pursuant to Rule 26(a). Parmar v. Alside, Inc., 37 Pa. D. & C. 430, 433- 34 (Pa. Com. Pl. 1984). 8. Preliminary objections are considered pleadings, and failure to raise them within twenty days of service of the Complaint results in a waiver of the objections pursuant to Rule 1032. Pa.R.C.P. No. 1032(x); Monaco v. Montgomery Cab Co., 208 A.2d 252, 254 n.I (Pa. 1965). 9. While the Court has discretion to allow additional time for the filing of pleadings, absent an agreement between the parties, Defendant must show cause as to why it should be allowed this extension of time. Pa.R.C.P. No. 1003; Parmar, 37 Pa. D. & C. at 434. 10. Defendant has impermissibly filed preliminary objections approximately forty- nine (49) days after service of the Complaint, and during the ten-day period before a praecipe for default judgment may be entered, without seeking any extension of time for filing these objections under Rule 1003. See Pa.R.C.P. No. 1003. 2 1l 11. Because there was no agreement between the parties to extend the amount of time for filing of the instant Preliminary Objections, and Defendant has shown no cause as to why it should be granted an extension of time for filing same, these objections should be overruled as untimely. 12. As a result of Defendant's delay in responding to Plaintiff's Complaint, Plaintiff has suffered prejudice in proceeding with its case and obtaining discovery to support its case against Defendant. WHEREFORE, Plaintiff Charles Bradford prays that this Court strike Defendant's Preliminary Objections as untimely pursuant to Rule 1026(a) and compel Defendant to file an Answer to Plaintiff's Complaint within twenty (20) days of entry of an order so compelling. Respectfully submitted, Cheryl J. Allerton, Esquire, I.D. No. 72741 Rachel D. Bashore, Esquire I.D. No. 202823 HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 Facsimile: (610) 779-7473 Email: cjallerton@hhha.com; rbashore@hhha.com Attorneys for Plaintiff Dated: November oZ 7 2006 3 VERIFICATION Rachel D. Bashore, Esquire, hereby verifies that she is counsel for the Plaintiff in this action, and that the facts set forth in the foregoing Motion to Strike Defendant's Preliminary Objections As Untimely Pursuant to Rule 1026(a) are true and correct to the best of her knowledge, information and belief. This Verification is made by counsel because the Verification of the Plaintiff cannot be obtained in time to timely file this document. Such Verification will be substituted for that of counsel upon receipt of same. This Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Rachel D. Bashore, Esquire I.D. No. 202823 HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Dated: °? ?` ?o HARTMAN, HARTMAN, HOWE & ALI.ERTON, P.C. BY: Cheryl J. Allerton, Esquire; Rachel D. Bashore, Esquire IDENTIFICATION NO. 72741; 202823 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: cjallerton@hhha.com; rbashore@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION V. : NO. 06-4921 SCHNEIDER NATIONAL, INC. Defendant. CERTIFICATE OF SERVICE I hereby certify that on November, 2006, I served a true and correct copy of the within Motion to Strike Defendant's Preliminary Objections As Untimely Pursuant to Rule 1026(A) in the above-captioned matter via United States first class mail, postage prepaid, addressed to counsel for Plaintiff as follows: Michael T. Traxler, Esquire Rawle & Henderson LLP 25 North Front Street, First Floor Harrisburg, PA 17101 s • M Cheryl J. Allerton, Esquire, I.D. No. 72741 Rachel D. Bashore, Esquire I.D. No. 202823 HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 :Facsimile: (610) 779-7473 Email: cjallerton@hhha.com; rbashore@hhha.com .Attorneys for Defendant 2 P n r- 9 te " C) 33 a =r co q t rn : W `D W C ORDER OF COURT AND NOW, this 11th day of December, 2006, upon consideration of the Plaintiff's CHARLES BRADFORD, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4921 CIVIL SCHNEIDER NATIONAL INC. DEFENDANT CIVIL ACTION - LAW Motion to Strike Defendant's Preliminary Objections as Untimely, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 2, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, Cheryl J. Allerton, Esquire Hartman, Hartman, Howe & Allerton, P.C. Counsel for Plaintiff i ichael T. Traxler, Esquire Counsel for Defendant bas j j?,Ae1 b. 170, 09-c *%?t ?"V? M. L. Ebert, Jr., J. il. .ter, ,vv it'd 11 f jj f7C} HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: cjallerton@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION V. NO. 06-4921 SCHNEIDER NATIONAL, INC. Defendant MOTION TO MAKE RULE ABSOLUTE 1. On November 8, 2006, Defendant in the above action filed Preliminary Objections to Plaintiff's Complaint including a Motion to Strike Complaint for Lack of Personal Jurisdiction. 2. On November 28, 2006, Plaintiff filed a Motion to Strike Defendant's Preliminary Objections as Untimely Pursuant to 1026(A). 3. On December 11, 2006, the Court entered an Order of Court containing a Rule to Show Cause ordering the Defendant to file an Answer to Plaintiff's Motion to Strike Defendant's Preliminary Objections on or before January 2, 2007. 4. On December 11, 2006 the Court served the December 11, 2006 Order upon counsel for Plaintiff and counsel for Defendant as indicated by the handwritten notation made on the docket copy. 5. As of the preparation of this Motion on January 10, 2007, no Answer or response has been filed by Defendant. 6. Plaintiff respectfully requests that this Court make the Rule to Show Cause Absolute and grant Plaintiff's Motion to Strike Defendant's Preliminary Objection's as untimely and order that Defendant shall file and Answer to Plaintiff's Complaint within twenty (20) days of the date of any Order. Respectfully submitted, Cheryl J.'Allef", P-squire Attorney I.D. 9 72741 Hartman, Hartman, Howe & Allerton, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 610-779-0772 Attorneys for Plaintiff .J VERIFICATION Cheryl J. Allerton, Esq., hereby verifies that she is counsel for the Plaintiff in this action, and that the facts set forth in the foregoing pleading are true and correct to the best of her knowledge, information and belief. J? Cheryl J. Afterton o. 72741 HARTMAN, HA ?TM?AN, HOWE & ALLERTON, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 610-779-0772 HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: cjallerton@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION V. NO. 06-4921 SCHNEIDER NATIONAL, INC. Defendant. CERTIFICATE OF SERVICE I, Cheryl J. Allerton, Esquire, hereby certify that on January 11, 2007,1 served a true and correct copy of the within Motion to Make Rule Absolute in the above-captioned matter via United States first class mail, postage prepaid, addressed to counsel for Plaintiff as follows: Michael T. Traxler, Esquire Rawle & Henderson LLP 25 North Front Street, First Floor Harrisburg, PA 17101 Cheryl J./.Jlle , Esquire, I.D. No. 72741 HARTMAN, ARTMAN, HOWE & ALLERTON, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 Facsimile: (610) 779-7473 Email: cjallerton@hhha.com Attorneys for Plaintiff > ? ? = -? r ..? :;`?. ?? ?_ =<:?: 5 t exleWe HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: cjallerton@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD Plaintiff, V. SCHNEIDER NATIONAL, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 06-4921 Defendant. AND NOW, this Iz day of , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule to Show Cause dated December 11, 2006 is made absolute and Defendant's Preliminary Objections are hereby STRIKEN and the Defendant shall file an Answer to Plaintiff's Complaint within twenty (20) day of the date of this Order. BY THE COURT: ORDER k 4 n- C ! N N LODZ : i "r- j14 TO THE WITHIN NAMED PARTIES: You are hereby notified to plead to the enclosed ANSWER WITH NEW MATTER, within twenty (20) days from the date of service hereof or default judgment will be entered against you. RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Identification No. 67353/90961 Payne Shoemaker Building 240 North Third Street, 9th Floor Harrisburg, PA 17101 (717) 234-7700 CHARLES BRADFORD RAWLE & HENDERSON LLP ?. r Michael T. Traxler Attorney for Defendant Attorneys for Defendant, Schneider National, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. CIVIL ACTION NO.: 06-4921 SCHNEIDER NATIONAL, INC., Defendant. JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, Schneider National, Inc., by and through its attorneys, Rawle & Henderson LLP, answers plaintiff's Complaint as follows: Admitted in part, denied in part. Admitted only to the extent that plaintiff is an adult individual. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded from Plaintiff. 2006771-1 2. Denied. To the contrary, Schneider National, Inc.'s principal place of business is located in Greenbay, Wisconsin. Further, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. 3. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded from Plaintiff. 4. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded from Plaintiff . 5. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded at the time of trial. Further denied, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. 2006771-1 2 6. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded from plaintiff. 7. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded from Plaintiff. 8. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded from Plaintiff. 9. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded from Plaintiff 1. 10. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded from Plaintiff. NEGLIGENCE 11. Defendant incorporates its answers to paragraphs 1 through 10 of the Complaint as though the same were set forth at length herein. 2006771-1 3 12. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded at the time of trial. Further denied, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. 13. Denied. This paragraph contains a conclusion of law to which no responsive pleading is required. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded at the time of trial. Further denied, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. 14. Denied. Defendant specifically denies any negligence, carelessness, or recklessness and demands strict proof thereof at trial. This paragraph contains a conclusion of law to which no responsive pleading is required. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded at the time of trial. Further denied, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. 2006771-1 4 15. (a) through (f). Denied. Defendant specifically denies any negligence, carelessness, or recklessness and demands strict proof thereof at trail. This paragraph contains a conclusion of law to which no responsive pleading is required. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded at the time of trial. Further denied, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. 16. Denied. Defendant specifically denies any negligence and demands strict proof thereof at trial. This paragraph contains a conclusion of law to which no responsive pleading is required. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded at the time of trial. Further denied, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. 2006771-1 5 17. Denied. Defendant specifically denies any negligence and demands strict proof thereof at trial. This paragraph contains a conclusion of law to which no responsive pleading is required. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded at the time of trial. Further denied, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. 18. Denied. This paragraph contains a conclusion of law to which no responsive pleading is required. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph of the Complaint, and therefore, said averments are denied and strict proof thereof is demanded at the time of trial. Further denied, Schneider National, Inc. is not a transportation company. Schneider National, Inc. does not own or lease tractor trailer units. Schneider National, Inc. does not employ truck drivers and Schneider National, Inc. does not have ICC authority. WHEREFORE, defendant, Schneider National, Inc., demands that plaintiff's Complaint be dismissed, and that judgment be rendered in its favor and against plaintiff, together with cost, fees, and such other and further relief as may be appropriate. NEW MATTER 19. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 20. Service of process was improper or insufficient. Plaintiff's claims are barred by the Statute of Limitations. 2006771-1 6 21. Plaintiffs claims are barred or limited by their violation of the rules, regulations and statutes of the Commonwealth of Pennsylvania and of all local authorities relevant hereto, governing the operation and parking of motor vehicles on the streets and highways. 22. Plaintiff failed to comply with applicable state law, including, but not limited to, The Motor Vehicle Code. 23. Defendant claims all defenses available to them under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Act as set forth in 75 Pa.C.S.A. §1701 et M. 24. No omissions or conduct on the part of defendants contributed to plaintiffs alleged damages, if any. 25. Plaintiff failed to mitigate his alleged damages. 26. The damages complained of by plaintiff pre-existed, or are unrelated to, the accident which is the subject matter of this Complaint. 27. Plaintiff s claims are barred by the doctrine of assumption of the risk. 28. The negligence of plaintiff either bars his right to recover completely, or reduces his claims under the doctrine of comparative negligence. 29. Plaintiffs alleged damages, if any, were the result of an unavoidable accident, sudden emergency, or Act of God. 30. Plaintiffs alleged damages, if any, were proximately caused, in whole or in part, by the negligent, reckless and careless conduct of plaintiff. 31. Plaintiffs alleged damages, if any, were proximately caused, in whole or in part, by the fault of third parties for whom defendants are not legally responsible. 32. This Honorable Court lacks jurisdiction over defendant. 2006771-1 7 33. Plaintiff's damages may have resulted from superceding and/or intervening causes. 34. Plaintiff's claims may be barred, in whole or in part, by spoliation. 35. Plaintiff has failed to name appropriate parties in its Complaint. 36. Plaintiff has failed to join and/or serve other necessary parties. WHEREFORE, defendant, Schneider National, Inc., demands that Plaintiff's Complaint be dismissed, and that judgment be rendered in its favor and against plaintiff, together with costs, fees, and such other and further relief as may be appropriate. RAWLE & HENDERSON LLP By: ?l?Lct? -l ?, ? Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorneys for Defendant, Date: a l 71,;700-7 Schneider National, Inc. 2006771-1 8 .. VERIFICATION The undersigned verifies that the statements made in the foregoing Defendant's Answer y with New Matter are true and correct to the best of his knowledge, information and belief as a representative of Schneider National, Inc. The undersigned understands that the statements set forth in said pleading are made subject to the penalties of 18 Pa, C.S.A. §4904 relating to unsworu falsification to authorities. 0401 Z20-, Thomas F. Vandenberg Schneider National, Inc. Dated: 1?1? J ? 7 2006771.1 CERTIFICATE OF SERVICE I hereby certify that on today's date I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Complaint with New Matter by first-class mail, postage prepaid, upon all attorneys of record, addressed as follows: Cheryl J. Allerton, Esquire Hartman, Hartman, Howe & Allerton, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 (610) 779-0772 Michael T. Traxler, Esquire Date: a/ 7 le9vc -7 2006771-1 VD ri1 yrn T3 HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: ciallerton@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION V. NO. 06-4921 SCHNEIDER NATIONAL, INC. Defendant. REPLY TO NEW MATTER 19. Denied. The averments contained in Paragraph 19 of Defendant's New Matter are conclusions of law to which no response is required. 20. Denied. The averments contained in Paragraph 20 of Defendant's New Matter are conclusions of law to which no response is required. 21. Denied. The averments contained in Paragraph 21 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response may be deemed to be required, the Plaintiff at all times complied with all rules, regulations and statutes of the Commonwealth of Pennsylvania with respect to this matter. By way of further answer, the Commonwealth of Pennsylvania is not the location at which the Defendant's vehicle struck Plaintiff's vehicle. On the contrary, the location of the accident was a truck stop in Ohio and Plaintiff's truck was parked at the time Defendant's truck struck Plaintiff's truck. 22. Denied. The averments contained in Paragraph 22 of Defendant's New Matter are conclusions of law to which no response is required. To the extent a response may be deemed to be required, Plaintiff complied with all applicable state laws including but not limited to the Pennsylvania motor vehicle code and the Ohio motor vehicle code. 23. Denied. The averments contained in Paragraph 23 of Defendant's New Matter are conclusions of law to which no response is required. 24. Denied. The averments contained in Paragraph 24 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response may be deemed to be required, Plaintiff's vehicle was parked in a parking space in a parking lot at a truck stop at the time that Defendant's driver, in the course and scope of his employment, impacted Plaintiff's truck. 25. Denied. The averments contained in Paragraph 25 of Defendant's New Matter are conclusions of law to which no response is required. 26. Denied. It is denied that the damages about which Plaintiff complains pre-existed or are unrelated to the accident which is the subject matter of Plaintiff's Complaint. On the contrary, all of the damages for which Plaintiff seeks compensation were caused by and occurred during the accident which is the subject matter of this Complaint. 27. Denied. The averments contained in Paragraph 27 of Defendant's New Matter are conclusions of law to which no response is required. 28. Denied. The averments contained in Paragraph 28 of Defendant's New Matter are conclusions of law to which no response is required. 2 29. Denied. The averments contained in Paragraph 29 of Defendant's New Matter are conclusions of law to which no response is required. 30. Denied. The averments contained in Paragraph 30 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response may be deemed to be required, it is denied that Plaintiff was negligent, reckless or careless in any manner whatsoever. On the contrary, at all times relevant hereto, Plaintiff acted with due care for his safety and property. In fact, Plaintiff's vehicle was parked and not moving at the time Defendant's vehicle struck Plaintiff's vehicle. 31. Denied. The averments contained in Paragraph 31 of Defendant's New Matter are conclusions of law to which no response is required. 32. Denied. The averments contained in Paragraph 32 of Defendant's New Matter are conclusions of law to which no response is required. To the extent that a response may be deemed to be required, this Honorable Court has jurisdiction over Schneider National, Inc. as Schneider National, Inc. is a trucking company with a local terminal in Cumberland County, Pennsylvania. 33. Denied. The averments contained in Paragraph 33 of Defendant's New Matter are conclusions of law to which no response is required. 34. Denied. The averments contained in Paragraph 34 of Defendant's New Matter are conclusions of law to which no response is required. By way of further answer, Defendant was on notice of the damages to Plaintiff's vehicle and had every opportunity to inspect Plaintiff's vehicle before any repairs were made. Further, Defendant's interests were protected 3 by its insurance adjuster who had an opportunity to view the damages prior to any repairs being made. 35. Denied. Plaintiff properly named Schneider National, Inc. as a party to this Complaint as the vehicle which struck Plaintiff's vehicle was a truck identified by its placquard as a Schneider National, Inc. vehicle. 36. Denied. Plaintiff incorporates the averments contained in Paragraph 35 hereinabove as set forth at length herein. WHEREFORE, Plaintiff, Charles Bradford, demands that judgment be entered in his favor and against the Defendant together with costs of suit and such other relief as deemed appropriate by this Honorable Court. Respectfully submitted, Cheryl J. Al Orton, I.D. No. 72741 HARTMAN, tire, N, HOWE & ALLERTON, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 Facsimile: (610) 779-7473 Email: cjallerton@hhha.com Attorneys for Plaintiff Dated: March Z- , 2007 4 VERIFICATION I am Charles Bradford, Plaintiff in the within action. I hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to best of my knowledge, information and belief and that this verification is made subject to the penalties of 18 Pa. C.S.A.§ 4904 relating to unsworn falsification to authorities. 4?? Ac Charles Bradford Dated: 0 - OP`" O HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. BY: Cheryl J. Allerton, Esquire IDENTIFICATION NO. 72741 2901 ST. LAWRENCE AVENUE P.O. BOX 4429 READING, PA 19606 TELEPHONE: (610) 779-0772 FACSIMILE: (610) 779-7473 EMAIL: ciallerton@hhha.com ATTORNEYS FOR PLAINTIFF CHARLES BRADFORD : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. SCHNEIDER NATIONAL, INC Defendant. : CIVIL ACTION NO. 06-4921 CERTIFICATE OF SERVICE I, Cheryl J. Allerton, Esquire, hereby certify that on March ?- , 2007,1 served a true and correct copy of the within Reply to New Matter in the above-captioned matter via United States first class mail, postage prepaid, addressed to counsel for Plaintiff as follows: Michael T. Traxler, Esquire Rawle & Henderson LLP 25 North Front Street, First Floor Harrisburg, PA 17101 ".,4 p4t?? Cheryl J. A 1 on, E re, I.D. No. 72741 HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. 2901 St. Lawrence Avenue P.O. Box 4429 Reading, PA 19606 Telephone: (610) 779-0772 Facsimile: (610) 779-7473 Email: cjallerton@hhha.com Attorneys for Plaintiff -, - a RAWLE & HENDERSON LLP By: Gary N. Stewart Identification No.: 67353 By: Michael T. Traxler Identification No.: 90961 Payne Shoemaker Building 240 N. Third Street, 9']' Floor Harrisburg, PA 17101 Attorneys for Defendant, 717 234-7700 Schneider National Inc. CHARLES BRADFORD Plaintiff, VS. SCHNEIDER NATIONAL, INC., Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO.: 06-4921 JURY TRIAL DEMANDED PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter Settled, Discontinued and Ended, with Prejudice. HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. Rachel Bashore, Esquire Attorney for Plaintiff, Charles Bradford RAWLE & HENDERSON LLP By: Gary N. Stewart, Esquire Michael T. Traxler, Esquire Attorney for Defendant, Schneider National, Inc. t? rv T4 !'°ti ?r -71 , Q 7-