HomeMy WebLinkAbout02-2515IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. NO. 29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
RICK MURRAY, W/II
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
ATTORNEy FOR PLA/NTIFFS
: CO~
· CUMBERLAND COUNTy, PA
· CIVIL ACTION LAW
: JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by 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 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 A 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, PA 17013
(717) 249-3166
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HAREORD LANE
RADNOR, PA 19087
(610) 964-7611
YVONNE MURRAY and
RICK MURRAY, W/H
Vo
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
ATTORNEY FOR PLAINTIFFS
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
:
: NO.
: JURY TRIAL DEMANDED
:
COMPLAINT
1. Plaintiffs, Yvonne Murray and Rick Murray, are adult individuals residing at 1550
Williams Grove Road, Lot 134, Mechanisburg, PA.
2. Defendant, Bests Ultra Service Center, Inc., is a Pennsylvania corporation organized and
existing under the laws of the Commonwealth of Pennsylvania with offices for purpose of
service at 6025 Carlisle Pike, Mechanicsburg, PA.
3. Defendant, Sunoco, Inc., is a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania with offices for purpose of service c/o C.T. Corp. 1515
Market Street, Suite 1210, Philadelphia, PA.
4. Defendant Dave Scott, is an adult individual with an office for purpose of service c/o
Brenner Chrysler Jeep LLC, 1812-1830 Paxton Street, Harrisburg, PA.
5. Defendant, Brenner Chrysler Jeep, LLC, is a limited liability company organized and
existing under the laws of the Commonwealth of Pennsylvania with offices for purpose
of service at 1812-1830 Paxton Street, Harrisburg, PA.
6. At all times material to this Complaint the defendant, Bests Ultra Service Center, Inc.,
owned, leased, possessed, managed and/or controlled the premises at 6025 Carlisle Pike,
Mechanicsburg, PA.
7. At ail times material to this Complaint the defendant, Sunoco, Inc., owned, leased,
possessed, managed and/or controlled the premises at 6025 Carlisle Pike, Mechanicsburg,
PA.
8. At all times materiai to this complaint the defendant, Dave Scott, was an employee acting
within the scope and during the course of his employment with the defendant, Brenner
Chrylser Jeep, LLC.
9. At all times material to this Complaint the defendant, Brenner Chrysler Jeep, LLC, was
the owner of a Jeep being operated by Dave Scott on the premises of the defendant, Bests
Ultra Service Center, Inc.
10. At all times material to this Complaint, corporate and limited liability defendants acted or
failed to act through their agents, employees, workmen and/or servants in furtherance of
the business interests of the defendants.
Count I
Yvonne Murray v. Bests Ultra Service Center~ Inc,
I 1. All of the allegations contained in paragraphs 1 through 10 above are herein incorporated
as if set forth in their entirety below.
12. On or about August 15, 2000, at or about 6:15 p.m., the plaintiff, Yvonne Murray, was
a business invitee on the premises of Bests Ultra Service Center, Inc. located at 6025
Carlisle Pike, Mechanicsburg, PA when the aforementioned defendant, Dave Scott,
operating the vehicle owned by defendant, Brenner Chrysler Jeep, LLC, drove his car into
the path of the Plaintiff causing her to move out of his way and in doing so fell on the
broken pavement causing her grievous injury.
13. The defendant's, Bests Ultra Service Center, Inc.'s, negligence consisted more fully in the
following:
a) Creating a dangerous condition and/or allowing a dangerous condition to develop and
to exist in the subject premises;
b) Failure to warn of the existence of a dangerous condition;
c) Failure to properly maintain its property, surface area, instrumentality and
appurtenance and/or structure to permit safe passage on the premises;
d) Failure to properly supervise maintenance of the property, surface area,
instrumentality, appurtenance and/or structure of the subject premises.
14. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvonne Murray, was
caused to sustain injuries, including, but not limited to, a fi'actured tibia requiring open
reduction and internal fixation, lateral subluxation of the talus, torn ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
15. Plaintiffhas been caused to sustain the loss of life's pleasures.
16. Plaintiffhas lost the wages of her employment; her earning capacity has been
permanently impaired.
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Bests Ultra
Service Center, Inc., in a sum in excess of $50,000.00.
COUNT II
Yvonne Murray v. Sunoco~ Ine
17. All of the allegations contained in paragraphs 1 through 16 above are herein incorporated
as if set forth in their entirety below.
18. The defendant's, Sunoco, Inc.'s, negligence consisted more fully in the
following:
a) Creating a dangerous condition and/or allowing a dangerous condition to develop and
to exist in the subject premises;
b) Failure to warn of the existence of a dangerous condition;
c) Failure to properly maintain its instrumentality and appurtenance and/or structure to
permit safe passage on the premises;
d) Failure to properly supervise maintenance of the instrumentality, appurtenance and/or
structure of the subject premises.
19. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvonne Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiting open
reduction and internal fixation, lateral subhixation of the talus, torn ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
20. Plaintiffhas been caused to sustain the loss of life's pleasures.
21. Plaintiffhas lost the wages of her employment; her earning capacity has been
permanently impaired.
WHEREFORE, plaintiff, Yvoune Murray, demands judgment against defendant, Sunoco,
Inc., in a sum in excess of $50,000.00.
COUNT III
Yvonne Murray v. Dave Scott
22. All of the allegations contained in paragraphs 1 through 21 above are herein incorporated
as if set forth in their entirety below.
23. The defendant's, David Scott's, negligence consisted more fully in the following:
a) Failure to keep his motor vehicle under control;
b) Failure to properly obey traffic signals and yield the right-of-way to others;
c) Failure to keep a proper lookout;
d) Failure to properly regard the tights and safety of plaintiff;
e) Failure to obey highway signage and traffic conditions;
f) Violation of the pertinent provisions of the Pennsylvania Motor Vehicle Code.
24. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvonne Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiting open
reduction and internal fixation, lateral subluxation of the talus, tom ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
25. Plaintiffhas been caused to sustain the loss of life's pleasures.
26. Plalntiffhas lost the wages of her employment; her earning capacity has been
permanently impaired.
32.
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Dave Scott,
in a sum in excess of $50,000.00.
COUNT IV
Yvonne Murray v. Brenner Chrvlser Jeep, LLC
27. All of thc allegations contained in paragraphs 1 through 26 above arc herein incorporated
as if set forth in their entirety below.
28. Thc defendant's, Brenner Chrysler Jeep LLC's, negligence by its employee consisted
more fully in the following:
a) Failure to keep its motor vehicle under control;
b) Failure to properly obey traffic signals and yield the right-of-way to others;
c) Failure to keep a proper lookout;
d) Failure to properly regard the rights and safety of plaintiff;
e) Failure to obey highway signage and traffic conditions;
f) Violation of the pertinent provisions of the Pennsylvania Motor Vehicle Code.
29. S°lely as a result of defendant's negligence as aforesaid, plaintiff, Yvonne Murray, was
caused to sustain injuries, including, but not limited to, a fi'actured tibia requiring open
reduction and internal fixation, lateral subhixation of the talus, tom ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
30. Plaintiff has been caused to sustain the loss of life's pleasures.
31. Plaintiff has lost the wages of her employment; her earning capacity has been permanently
impaired.
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Brenner
Chrylser Jeep, LLC, in a sum in excess of $50,000.00.
COUNT V
Rick Murray v. Bests Ultra Service Center~ Ine
All of the allegations contained in paragraphs 1 through 31 are herein incorporated as
if set forth in thc entirety below.
33. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvoune Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Bests Ultra
Service Center, Inc., in a sum in excess of $50,000.00.
COUNT VI
Rick Murray v. Sunoco~ Inc.
34. All of the allegations contained in paragraphs 1 through 33 are herein incorporated as
if set forth in the entirety below.
35. As a result of defendant% negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Sunoco, Inc., in
a sum in excess of $50,000.00.
COUNT VII
Rick Murray v. Dave Scott
36. All of the allegations contained in paragraphs 1 through 35 are herein incorporated as
if set forth in the entirety below.
37. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Dave Scott, in a
sum in excess of $50,000.00.
COUNT VIII
Rick Murray v. Brenner Chrysler Jeep~ LLC
38. All of the allegations contained in paragraphs 1 through 37 are herein incorporated as
if set forth in the entirety below.
39. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Brenner
Chrysler Dodge, LLC, in a sum in excess of $50,000.00.
IRVIIq(J ~_. ABRAMSON, ESQUIRE
Attorney ~br Plaintiffs
VERIFICATION
Yvonne Murray hereby states that she is the Plaintiff in this matter and verifies that the
statements made in the foregoing are true and correct to the best of her knowledge,
information and belief. The undersigned understands that the statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to
authorities. ~ ~
VERIFICATION
Rick Murray hereby states that he is the Plalntiffin this matter and verifies that the
statements made in the foregoing are true and correct to the best of his knowledge,
information and belief. The undersigned understands that the statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to
authorities.
FOX GREENBERG, P.C.
BY: JOHN F. FOX, JR.
Identification No. 31854
2 Penn Center - Suite #1310
Philadelphia, PA 19102
(215) 568-6868
Attorney for Defendant,
Sunoco, Inc. (R&M)
YVONNE MURRAY and
RICK MURRAY, h/w
v. : No. 02-2515
BESTS ULTRA SERVICE, INC., :
SUNOCO, INC., DAVE SCOTT and :
BRENNER CHRYSLER JEET, LLC :
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant Sunoco, Inc. (R&M), incorrectly
designated in Plaintiffs' Complaint as Sunoco, Inc., only in the above-captioned matter.
FOX GREENBERG, P.C.
rote:
Attorney for Defendant
Sunoco, Inc. (R&M)
FOX GREENBERG, P.C.
BY: JOHN F. FOX, JR.
Identification No. 31854
2 Penn Center - Suite #1310
Philadelphia, PA 19102
(215) 568-6868
YVONNE MURRAY and
RICK MURRAY, h/w
Attorney for Defendant,
Sunoco, Inc. (R&M)
.,
vi. : No. 02-2515
BESTS ULTRA SERVICE, INC., :
SUNOCO, INC., DAVE SCOTT and :
BRENNER CHRYSLER JEET, LLC :
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO PLARqTIFFS: Yvonne Murray and Rick Murray
You are hereby notified to plead the enclosed New Matter within twenty (20) days of
service hereof or a default judgment may be entered against you.
FOX GREENBERG, P.C.
J~-IN F. FOX, JR:
Attorney for Defendant
Sunoco, Inc. (R&M)
FOX GREENBERG, P.C.
BY: JOHN F. FOX, JR.
Identification No. 31854
2 Penn Center - Suite #1310
Philadelphia, PA 19102
(215) 568-6868
Attorney for Defendant,
Sunoco, Inc. (R&M)
YVONNE MURRAY and :
RICK MURRAY, h/w :
vii. :
:
BESTS ULTRA SERVICE, INC., :
SUNOCO, INC., DAVE SCOTT and :
BRENNER CHRYSLER JEET, LLC :
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 02-2515
JURY TRIAL DEMANDED
NOTICE TO PI.g. AD
TO CO-DEFENDANTS: BESTS ULTRA SERVICE, INC., DAVE SCOTT and
BRENNER CHRYSLER JEEP, LLC
You are hereby notified to plead the enclosed New Matter Crossclaim within twenty (20)
days of service hereof or a default judgment may be entered against you.
FOX GREENBERG, P.C.
Date:
BY:
J~IN F. FOX, JR.
Attorney for Defendant
Sunoco, Inc. (R&M)
FOX GREENBERG, P.C.
BY: JOHN F. FOX, JR.
Identification No. 31854
2 Penn Center - Suite #1310
Philadelphia, PA 19102
(215) 568-6868
YVONNE MURRAY and
RICK MURRAY, h/w
BESTS ULTRA SERVICE, INC.,
SUNOCO, INC., DAVE SCOTT and
BRENNER CHRYSI,ER JEET, LLC
Attorney for Defendant,
Sunoco, Inc. (R&M)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 02-2515
JURY TRIAL DEMANDED
DEFENDANT SUNOCO, INC. 01&M)'S ANSWER TO PLAINTIFFS'
COMPLAINT WITH NEW MATTER AND NEW MATTER CROSSCLAIbl
Defendant Sunoco, Inc. (R&M), incorrectly designated in Plaintiffs' Complaint as Sunoco,
Inc., and hereinafter referred to as "Sunoco", by and through its undersigned counsel, hereby
answers Plaintiffs' Complaint with New Matter and New Matter Cmssclairn as follows:
1. Denied. Atter reasonable investigation, Sunoco is without knowledge or information
sufficient to foim a belief as to the truth of the averments contained in paragraph 1 of Plaintiffs'
Complaint and accordingly, the said averments are deemed denied. Strict proof thereof, if material,
is demanded at the trial of this cause.
2. The allegations contained in paragraph 2 of Plaintiffs' Complaint are addressed to
Defendants other than Sunoco and therefore, no response is required. Strict proof thereof, if
material, is demanded at the trial of this cause.
3. It is admitted that Sunoco, Inc. (R&M) is a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania.
4-5. The allegations contained in paragraphs 4 and 5 of Plaintiffs' Complaint are addressed
to Defendants other than Sunoco and therefore, no response is required. Strict proof thereof, if
material, is demanded at the trial of this cause.
6. AdmiRed in part. Denied in part. Sunoco admits that Defendant Bests Ultra Service, Inc.
and/or Mike Best leased, possessed, managed and/or controlled the premises at 6205 Carlisle Pike,
Mechanicsburg, Pennsylvania. Sunoco denies that Defendant Bests Ultra Service, Inc. owned the
premises at 6025 Carlisle Pike, Mechanicsburg, Pennsylvania. Strict proof thereof, if material, is
demanded at the trial of this came.
7. Admitted in part. Denied in part. Sunoco admits that it owned the premises at 6025
Carlisle Pike, Mechanicsburg, Pa. Sunoco denies that it leased, possessed, managed and/or
controlled the premises at 6025 Carlisle Pike, Mechanicsburg, Pa. Strict proof thereof, if material,
is demanded at the trial of this came.
8-9. Denied. After reasonable investigation, Sunoco is without knowledge or information
sufficient to form a belief as to the troth of the averments contained in paragraphs 8 and 9 of
Plaintiffs' Complaint and accordingly, the said averments are deemed denied. Strict proof thereof,
if material, is demanded at the trial of this cause.
10. Denied. Sunoco denies that any co-defendants acted as an agent, servant and/or
employee of Sunoco. By way of further answer, the allegations contained in paragraph 10 of
Plaintiffs' Complaint are conclusions of law to which no response is required. Strict proof thereof,
if material, is demanded at the trial of this came.
COUNT I
11. Sunoco incorporates by reference its answers to paragraphs 1 through 10 inClusive of
Plaintiffs' Complaint as if fully set forth herein at length.
12. Sunoco denies that Plaintiff's injuries, if any, were as a result of Plaintiff falling on
alleged broken pavement. The remaining allegations conta/ned in paragraph 12 of Plaintiffs'
Complaint are deemed denied became after reasonable investigation, Sunoco is without knowledge
or information sufficient to form a belief as to the troth of the remaining averments contained in
paragraph 12 of Plaintiffs' Complaint. Strict proof thereof, if material, is demanded at the trial of
this cause.
13-16. Denied. The allegations contained in paragraphs 13 through 16 inclusive of
Plaintiffs' Complaint are addressed to a Defendant other than Sunoco and therefore, no response is
required. Strict proof thereof, if material, is demanded at the trial of this cause.
COUNT H
17. Sunoco incorporates by reference its answers to paragraphs I through 16 inclusive of
Plaintiffs' Complaint as if fully set forth herein at length.
18. (a-d). Denied. The allegations contained in paragraph 18 (a) through (d) inclusive of
Plaintiffs' Complaint are deemed denied and are at issue pursuant to the Pennsylvania Rules of Civil
Procedure. By way of further answer, Sunoco denies each and every subpart of paragraph 18. By
way of further answer, Sunoco denies that it was negligent. On the contrary, Plaintiff's injuries, if
any, were caused solely by Plaintiff's own negligence and carelessness and/or that of third parties
including but not limited to co-defendants over whom Sunoco had no control. Strict proof thereof,
if material, is demanded at the trial of this cause.
19-21. Denied. Sunoco denies that Plaintiff's injuries, if any, were as a result of Sunoco's
negligence. On the contrary, Plaintiff's injuries, if any, were caused solely by Plaintiff's own
negligence and carelessness and/or that of third parties including but not limited to co-defendants
over whom Sunoco had no control. By way of further answer and after reasonable investigation,
Sunoco is without knowledge or information sufficient to form a belief as to the truth of the
remaining averments contained in paragraphs 19 through 21 inclusive of Plaintiffs' Complaint and
accordingly, the said averments are deemed denied. Strict proof thereof, if material, is demanded at
the trial of this cause.
WI-IEREFORE, Defendant Sunoco, Inc. (R&M) requests that Plaintiffs Complaint be
dismissed and that all costs, attomeys fees and all other appropriate relief be assessed against
plainfiffYvonne Murray and in favor of Defendant Sunoco, Inc. (R&M).
COUNT III
22. Sunoco incorporates by reference its answers to paragraphs 1 through 21 inclusive of
Plaintiffs' Complaint as if fully set forth herein at length.
23-26. The allegations contained in paragraphs 23 through 26 inclusive of Plaintiffs'
Complaint are addressed to a Defendant other than Sunoco and therefore no response is required.
COUNT IV
27. Sunoco incorporates by reference its answers to paragraphs 1 through 26 inclusive of
Plaintiffs' Complaint as if fully set forth herein at length.
28-31. The allegations contained in paragraphs 28 through 31 inclusive of Plaintiffs'
Complaint are addressed to a Defendant other than Sunoco and therefore no response is required.
COUNT V
32. Sunoco incorporates by reference its answers to paragraphs 1 through 31 inclusive of
Plaintiffs' Complaint as if fully set forth herein at length.
33. The allegations contained in paragraph 33 of Plaintiffs' Complaint are addressed to a
Defendant other than Sunoco and therefore no response is required.
COUNT VI
34. Sunoco incorporates by reference its answers to paragraphs 1 through 33 inclusive of
Plaintiffs' Complaint as if fully set forth herein at length.
35. Denied. Sunoco denies that PlaintiffRick Murray's injuries, if any, were as a result of
Sunoco's negligence. On the contrary, Plaintiff's injuries, if any, were caused solely by Plaintiff
Yvonne Murray's negligence and carelessness and/or that of third parties, including but not limited
to co-defendants over whom Sunoco had no control. Strict proof thereof, if material, is demanded at
the trial of this cause.
WI-IEREFORE, Defendant Sunoco, Inc. (R&M) requests that Plaintiffs Complaint be
dismissed and that all costs, attorneys fees and all other appropriate relief be assessed against
plaintiffRick Murray and in favor of Defendant Sunoco, Inc. (R&M).
.COUNT VII
36. Sunoco incorporates by reference its answers to paragraphs 1 through 35 inclusive of
Plaintiffs' Complaint as if fully set forth herein at length.
37. The allegations contained in paragraph 37 of Plaintiffs' Complaint are addressed to a
Defendant other than Sunoco and therefore no response is required.
COIJl~r viii
38. Sunoco incorporates by reference its answers to paragraphs 1 through 37 inclusive of
Plaintiffs' Complaint as if fully set forth herein at length.
39. The allegations contained in paragraph 39 of Plaintiffs' Complaint are addressed to a
Defendant other than Sunoco and therefore no response is required.
NEW MATTER
40. Plaintiffs have failed to state a cause of action upon which relief may be granted.
41. Plaintiffs' claims are barred by the applicable Statute of Limitations.
42. PlaintiffYvonne Murray knew of the existence of the condition, or situation, if any, as
plead in her Complaint, yet she assumed the risk.
43. Plaintiffs' claims are barred or limited by the provisions of the Comparative Negligence
Statute, 42 Pa. C.S.A. {}7102, the provisions of which are incorporated by reference as if fully set
forth herein at length.
43. PlaintiffYvonne Murray' alleged injuries, if any, were caused solely by her own
negligence, carelessness and recklessness.
44. Plaintiff's injuries, if any, were caused by the acts and/or omissions of third parties over
whom Sunoco had no control.
WHEREFORE, Defendant Sunoco, Inc. (R&M) request that Plaintiff Yvonne Murray's
Complaint be dismissed and that all costs, attorney's fees and all other appropriate relief be assessed
against PlaintiffYvonne Murray and in favor of Defendant Sunoco, Inc. (R&M).
SUNOCO, INC. (R&M)'S NEW MATTER CROSSCLAIM AGAINST
CO-DEFENDANTS DAVE SCOTT AND BRENNER CHRYSLER JEEP, LLC
40. PlaintiffYvonne Murray alleges that her injuries arose from the negligent operation of a
vehicle driven by Dave Scott and owned by Brenner Chrysler Jeep LLC. If said allegations are tree,
then Sunoco asserts that co-defendants Dave Scott and Brenner Chrysler Jeep, LLC were at all
times relevant hereto solely responsible for Plaintiff's alleged injuries.
41. If the allegations of Plaintiffs' Complaint are tree, such allegations being specifically
denied, then Sunoco avers that co-defend_a_nts, as a result of their negligent acts and/or omissions are
alone liable to Plaintiffs, jointly and/or severally liable with Defendant Sunoco or liable over to
Defendant Sunoco for indemnity and/or contribution for any amount which may be adjudged
against it.
WHEREFORE, Defendant Sunoco, Inc. (R&M) demands judgment for contribution and/or
indemnity against co-defendants Dave Scott and Brenner Chrysler Jeep, LLC on the claims asserted
by the Plaintiffs.
SUNOCO, INC. 01&M)'S NEW MATTER CROSSCLAIM
.AGAINST CO-DEFENDANT BESTS ULTRA SERVICE, INC.
42. On or about December 16, 1999, Sunoco entered into a Dealer Franchise Agreement,
which was in full force and effect at all times relevant hereto, with R. Michael Best who trades as
co-defendant Best's Ultra Service Center, Inc. with respect to the premises identified in plaintiffs
Complaint. (A copy of the Dealer Franchise Agreement between Sunoco and co-defendant Best's
Ultra Service Center, Inc. (hereinafter referred to as "Best") is attached hereto and marked
collectively as Exhibit "A").
COUNT I
43. The Dealer Franchise Agreement contained an indemnity clause. Part II, section 2.14 of
the Agreement provides in pertinent part as follows:
2.14 INDEMNIFICATION:
Dealer shall fully protect, defend, reimburse, indemnify and save harmless
Company, its parent, the respective subsidiaries, affiliates, and the employees and
agents of said Company, parent, subsidiaries, and affiliates, and each and every one
of them flee and harmless at all times, from and against any and all cia/ms,
liabilities, litigation, losses, damages, demands, finds, causes of action of every kind
and character fi.om any cause whatsoever, and injury to person and property
(including death) of dealer, dealers employees, agents, contractors, customers,
invitees and other persons caused by or resulting in any way from, but not limited to:
1. Operation of dealers business, including but not limited to
operation, service and repair of motor vehicles by dealer, dealers
personnel, customers, invitees, agents, and contractors;
2. Performance, non-performance or purported performance fi.om
dealers business, and dealers use and occupancy of Premises and
Equipment...
3. Operation, use, condition and state of repair of Equipment,
Premises (including driveway, walkways, signs, motor fuel...) under
dealers care, custody or control.
44. Paragraph 2.06 of the Dealer Agreement requires the dealer to keep the premises free
from dangerous conditions and states in pertinent part as follows:
2.06 OPERATION OF DEALER'S BUSINESS AND PREMISES.
b. Dealer shall continuously operate dealers business at premises...including but not
limited to, Dealer;
(1)...
(3) keeping premises in a clean, attractive, safe and healthful condition, flee of ice,
snow, dangerous conditions and wrecked, junked and unlicensed vehicles...
45. Part V of the Dealer Franchise Agreement addresses the dealer's maintenance
responsibilities as follows:
YARD
Driveways, walkways and
dispenser islands
SUNOCO
DEALER/FRANCHISEE
Repair or replace
Keep clear and passable at
all times. Maintain free of
grease, ice, snow or other
substances. Notify Sunoco
immediately of hazardous
situations, including holes,
cracks and spalling. Protect
customers from hazardous
situations until Sunoco makes
repairs.
46. Plaintiff Yvonne Murray alleges that her injuries arose fi'om Sunoco's failure to remedy
a defective condition, to wit: an uneven surface between the concrete pads surrounding the
dispensers and the macadam surface abutting the concrete pad. Pursuant to the Dealer Franchise
Agreement, co-defendant Best was at all times relevant hereto responsible to protect customers from
the alleged defective condition until Sunoco had the opportunity to repair the alleged defective
condition.
47. If the allegations of plaintiffs' Complaint are true, such allegations being specifically
denied, then defendant Sunoco, pursuant to the above-described Agreement with co-defendant Best,
avers that co-defendant Best is alone liable to plaintiff, jointly and/or severally liable with defendant
Sunoco or liable over to defendant Sunoco for indemnity and/or contribution for any amount which
may be adjudged against it.
WHEREFORE, Defendant Sunoco, Inc. (R&M) demands judgraent for contribution and/or
indemnity against co-defendant Bests Ultra Service Center, Inc. on the claims asserted by plaintiffs.
COUNT II
48. Defendant Sunoco, Inc. (R&M) incorporates paragraphs 1 through 47 as though fully
set forth herein at length.
49. PlaintiffYvonne Murray's injuries, if any, were due to the carelessness of co-defendant
Best which consisted of the following:
(a) failing to properly maintain said premises;
(b) failing to protect customers from alleged hazardous situations until Sunoco has the
opportunity to make the repair;
(c) failing to warn the plaintiffofthe alleged danger;
(d) failing to make a reasonable inspection of the premises;
(e) failing to notify Sunoco of any necessary repairs, if any;
(f) failing to cordon offan alleged dangerous condition on
the premises;
WltEREFORE, defendant Sunoco, Inc. (R&M) demands judgment for contribution and/or
indemnity against co-defendant Bests Ultra Service Center, Inc. on the claims asserted by the
plaintiff.
FOX GREENBERG, P.C.
Date:
BY:
g:~rOHN F. FOX, JR., EtSQUIRE
Attorney for Defendant
Sunoco, Inc. (R&M)
10
I, MELINDA KRING, hereby state that I am employed as a Paralegal in the Law
Depamnent of Defendant, Sunoco, Inc. (R&M), and as such am authorized to make this verification
on behalf of said Defendant Sunoco, Inc. (R&M). I am informed and therefore aver that the
statements made in the foregoing Answer to Plaintiffs' Complaint with New Matter and New
Matter Crossclaim are based upon information and records of Defendant furnished to me by others
and are true and correct to the best of my knowledge, information and belief. I understand that the
statements made in the foregoing pleading are subject to the penalties of 18 Pa. C.S.A. §4904
relating to unsworn falsification to authorities.
MELINDA - (}
Exhibit A
AA Date: ~
Revised 10/gS Region: 7 5 0
Contract #: 0003-6889-18
DEALER FRANCHISE AGREEMENT
PART 1
COVER PROVISIONS
For and in consideration of the mutual promises and benefits herein provided and to be provided in the future,
this Dealer Franchise Agreement ("Franchise") is entered into by Sunoco, Inc. Oi&M) ("Company"), having an
office at 1801 Market Street, Philadelphia, PA 19103, and
Dealer: R. Michael Best ,
6025 Carlisle Pike
Mechanicsburg. PA 17055
Cumberland County
("Dealer") covering the marketing premises ("Premises") as set forth above, for purposes of stating the terms
and conditions under which company will authorize and make available for sale Company's branded motor fuels
under trademarks, trade names and trade dress in which Company has exclusive rights, hereinafter referred to as
"Company's trademarks, trade names and trade dress"; and how Dealer will operate Dealer's business of reselling
Company's branded motor fuel to the public from Premises. The essence of this Agreement is Dealer's purchase and
resale of Company's branded motor fuel to Dealer's customers consistent with Company's image standards and
requirements, in a manner so as to maintain and enhance public acceptance of Company's products and trademarks.
This Agreement constitutes a "Franchise" as that term is used in and defined by Title I of the Federal
Petroleum Marketing Practices Act, 15 U.S.C. § 2801, et seq., (the "Act").
1.01 TERM
Notwithstanding the other dates set forth herein, the term of this Franchise shall commence on the
( 5th ) day of November ,19 99 , and shall continue in effect for a term of
Three ( 3 ) year(s) ending November 04. 2002 , unless sooner terminated, as hereinafter provided.
1.02 PAYMENTS TO COMPANY
Unless otherwise included, all payments, identified herein are due and payable in advance, without demand
or notice on or before the tenth (10th) day of the month. Rent and fees shall be prorated on a daily basis for periods
of less than one (1) month.
a. Rent - Dealer shall pay to Company rent for said Premises, in monthly installments in accordance with
the following schedule:
For the period November 5, 1999 through November 4, 2000, the rent shall be
Four Thousand Five Hundred Eighty-Five Dollars ($4,585.00) per month;
For the period November 5, 2000 through November 4, 2001, the rent shall be
Five Thousand Fourty-Four Dollars ($5,044.00) per month;
For the period November 5, 2001 through November 4, 2002, the rent shall be
Five Thousand Five Hundred Fourty-Four Dollars ($5,544.00) per month.
Copyright 1998, Sunoco, Inc. (R&M) aa£ranch.sam 10/98
Ultra Service Center Fee, . USC")
If Part IX is in force, Dealer shall pay to Company the following fees in consideration for usc of thc USC
system.
New USC
(1) Initial Franchise Fee of
(i) Dollars ($ .
Premises for USC conversion; and
(ii) Dollars ($
system operation.
Dollars ($ ) payable in two installments:
) due and payable on date construction begins at
) due and payable on the first day of thirteenth month of
New and Renewal USC
(2) Monthly Operating Fee of Six Hundred Dollars ($ 600.00 ).
(3) Changeover Fee of ~ Dollars ($ 6~000.0Q ) payable in full by cashier's or certified
cheek, upon ealer s notme of and request for Company s approval of the sale of the franchise business.,
as defined herein.
1.03 OPERATING HOURS
Dealer will operate Premises and Dealer's business in the manner required herein,
Nineteen (19) hours per day, from 0500hr~ to 2400 hrs, each day of the term of this Franchise.
Such operating hours requirements will be subject to adjustment, if and as required by law.
1.04 PERSONAL SUPERVISION: CERT/FIED MECHANIC
This Franchise is made on the condition, and with the understanding, that the Premises will be under
the direct, daily, on- Premises supervision of R. Michael Best who will personally manage and oversee
daily operation of Premises at least 40 hours per: day/ __ /week/ X /(check one):
If Part IX is in force, Dealer must have an "ASE" or State Certified Mechanic on Premises a minimum of
40 hours per week.
1.05 COLLATERAL DEPOSIT
Terms and conditions governing the collateral deposit listed below are set forth in Part IV, Collateral
Deposit Provisions. Dealer's Federal Identification or Social Security No: ~ State Code: 75
Collateral Deposit: Ten Thousand Dollars ($10,000.00)
Plus an additional amount to be accumulated fi.om time to time at the rate of
( ~ ) cents per gallon on all deliveries of motor fuel until a total of
has been accumulated.
)
Copyright 1998, Sunoco, Inc. (R&M) aafranch.sam 10/98
1.06 EQUIPMENT
Company hereby loans to Dealer, for Dealer's use at the Premises in promoting and selling Company's
branded motor fuel, for the term of this Agreement, the Company equipment, ("Loaned Equipment") described
below. Company owns and retains the title to all Loaned Equipment and any other equipment that Company provides
to Dealer at the Premises in promoting, handling, selling and identifying Company's products and systems described
herein, including but not limited to signs, and motor fuel dispensers described below. No Loaned Equipment shall
be changed, modified, altered, added to, moved or removed at or from Premises without Company's prior written
consent. In case of theft, destruction or loss, Dealer shall pay to Company the Company's then current acquisition
and installation costs to replace any such Loaned Equipment.
4 - Gilb Dispensers w/Cardmatic
1 - Glib Diesel Dispenser
1 - G-site
1 - Sunoco Diamond Sign & Pole
1.07 UNDERLYING LEASE
This Section shall be operative only if no blank spaces appear.
Company's right to grant possession of Premises to Dealer is subject to an underlying lease which
contains an initial term of ( ... ) years from to with
( ) ( ) year renewal options, which lease might expire or nonrenew at the expiration of the initial
term or any renewal option, thereof.
* Part I
* Part II
* Part IH
* Part IV
* Part V
PARTS OF DEAI,FR FRANCHLqF,
Cover Provisions * Part VI
General Provisions * Part VI/
Lease Provisions
Collateral Deposit Provisions * Part VIII
Credit and Debit Card
Acceptance Provisions * Part IX
Maintenance Provisions
Daily Recordkeeping &
Inventory Provisions
Sunoco 1-K and Super 1-K
Kerosene Provisions
Ultra Service Center
Provisions
The parts listed above constitutes provisions of this Dealer Franchise and unless stricken and initialed by all of the
parties are incorporated herein and made a part hereto for all purposes.
1.08 CUSTOMER FIRST
Dealer acknowledges and agrees that Company shall have the right but not the obligation, to settle customer
complaints involving products or services purchased at Dealer's Franchise location, whereupon the Company may
elect to charge the Dealer's account in the amount paid by Company to settle the customer's complaint. This right
supersedes Section 2.05(c)(3).
Copyright 1998, Sunoco, Inc. (R&M)
1.09 CREDIT AND DEBI_ £A1LD REQUIREMENTS
Company shall make available to Dealer and Dealer shall use Company's Credit and Debit Card Program
("the Credit Card Program") consistent with all requirements of this Agreement and the Agreement for
CardMatic/Electronie Control System. Pursuant to the Credit Card Program, Company will lease or loan to Dealer
certain Credit and Debit Card Equipment ("Card Equipment"), set forth in the Agreement for CardMatic/Eleetronic
Control System.
Dealer hereby acknowledges receipt of.' Or~ ( 1 ) Manual Credit Card Imprinter(s).
Dealer shall return any Card Equipment upon Company's request and hereby gives Company the right to
remove same at anytime without notice; in such event Company shall refund any unearned prepaid rental.
1.10 CONVERSION OF PREMISES
During the term of this Franchise, Company may convert the Premises to a USC. If this conversion is
initiated, then the provisions of Part IX shall become immediately effective upon conclusion of the conversion
construction.
NOTE TO DEAI.~,R; BEFORE SIGNING IN THE SPACE PROVIDED BELOW, YOU SHOULD
CAREFULLY READ ALL PARTS OF THIS AGREEMENT, WHICH IS A BINDING LEGAL DOCUMENT
CONTAINING SEVERAL PARTS AND ATTACHMENTS (INCLUDING ALL ADDENDA,
AMENDMENTS, SCI~DULES AND DOCUMENTS INCORPORATED HEREIN). THIS IS THE ENTIRE
AGREEMENT BETWEEN COMPANY AND DEALER, AND MERGES AND SUPERSEDES ALL PRIOR
AGREEMENTS, UNDERSTANDINGS, REPRESENTATIONS AND WARRANTIES (ORAL OR WRITTEN,
EXPRESS OR IMPLIED) CONCERNING DEALER'S OPERATION OF A FRANCFIISE AT TI-II~
PREMISES. NO MODIFICATIONS OR UNDERSTANDINGS CONCERNING THIS AGREEMENT
SHALL BE BINDING UNLESS IN WRITING AND SIGNED BY COMPANY'S AUTHORIZED
REPRESENTATIVE.
Executed the
WITNESS:
DEALER:
kl l~icha~el B~st
COMPANY:
Title:
Copyright 1998, Sunoco, Inc. (R&M)
(Rev. 2/99)
DEALER FRANCHISE AGREEMENT PROVISIONS
(~Copyright 1999, Sunoco, Inc. (R&M)
TABLE OF CONTENTS
PART I
COVER PROVISIONS
Term ................................................................ CP
1.01 ....................................................... CP
Payments to Company .....................................................................................................................
1.02 Operating Hours .............................................................................................................................. CcPP
1.03
1.04 Personal Supervision Certified Mechanics .......................................................................................
1.05 Collateral Deposit ............................................................................................................................ CC~
1.06 Equipment ...................................................................
Underlying Lease ............................................................................................................................
1.07 Customer First ................................................................................................................................. ~
1.08
1.09 Credit and Debit Card Requirements ................................................................................................
1.10 Conversion of Premises ................................................................................................................... CP
PART II
GENERAL PROVISIONS
2.01 Premises and Equipment ........................................................................... 1
2.02 Prices .......................................................................................................................................... 1
2.03 Terms of Payment ...........................................................................................................................
2.04 Right of Off-set; Security Interest ................................................................................................... ~2
2.05 Use of Company Names; Independent Dealer Relationship ............................................................ z
2.06 Operation of Dealer's Business and Prereffses ................................................................................. 3
2.07 Initial Training ................................................................................................................................ ~
2.08 Maintenance of Motor Fuel Quality and Brand ...............................................................................
5
2.09 Deliveries .........................................................................................................................................
2.10 Uncontrollable Events/Allocation ................................................................................................... 5
2.11 Compliance with Laws .................................................................................................................... 6
· 7
2.12 Indenmificat~on ............................................................................................................................... 8
2.13 Insurance ........................................................................................................
2.14 Taxes, Fees, L~censes and Permits .........................................................................................
2.15 Multiple Dealers, Partnerships and Corporations ............................................................................ 9
2.16 Notices ............................................................................................................................................. 9
2.17 Hazardous Substance ....................................................................................................................... 9
2.18 Non-Waiver ..................................................................................................................................... 9
2.19 Enforcement; Applicable Law; Renewal, Nonrenewal and Termination ........................................ 10
2.20 Survivorship .................................................................................................................................... 10
2.21 Sale, Assignment and Company's Right of First Refusal ................................................................ 11
2.22 Representations of Dealer ................................................................................................................. 12
2.23 Miscellaneous .................................................................................................................................. 13
PART III
LEASE PROVISIONS
3.01 Rent ................................................................................................................................................. 14
3.02 Use and Maintenance of Premises ................................................................................................... 14
14
3.03 Underly~g Lease ............................................................................................................................ 14
3.04 Service Cfiarges and Utilities ..........................................................................................................
3.05 Prohibifons ........................................ : ............................................................................................ 14
· 14
3.06 Condenmatmn .................................................................................................................................
3.07 Warranty of Title ............................................................................................................................. 15
3.08 Surrender of Prenfises ...................................................................................................................... 15
PART IV
COLLATERAL DEPOSIT PROVISIONS
4.01 Financial Obligations ....................................................................................................................... 16
4.02 Payment of Indebtedness ................................................................................................................. 16
4.03 Collateral Deposit ............................................................................................................................ 16
4.04 Application of Funds ....................................................................................................................... 16
4.05 Disposition of Collateral Security ................................................................................................... 16
4.06 Interest ............................................................................................................................................. 16
4.07 Conclusion of Franchise .................................................................................................................. 16
PART V
CREDIT AND DEBIT CARD ACCEPTANCE PROVISIONS
5.01 Credit and Debit Card Sales ............................................................................................................ 17
5.02 Acceptance of Card Sales ................................................................................................................ 17
5.03 Collection Card Sales ...................................................................................................................... 17
5.04 Rejection of Card Sales ................................................................................................................... 17
5.05 Representations and Indemnifications ............................................................................................. 18
5.06 Remedies of Company ................ i ................................................................................................... 18
5.07 Assignment of Card Sales to Third Party ........................................................................................ 18
PART VI
MAINTENANCE PROVISIONS
6.01 Maintenance of Premises and Equipment ........................................................................................ 19
6.02 Dealer Maintenance Responsibility Schedule ................................................................................. 19
PART VII
DALLY RECORDKEEI'ING PROVISIONS
INVENTORY CONTROL AND LEAK DETECTION
7.01 Compliance with UST Laws ........................................................................................................... 24
PART VIII
SUNOCO 1-K AND SUPER 1-K KEROSENE PROVISIONS
· 26
8.01 Maintenance of 1-K and Super 1-K Quality and Brand ..................................................................
8.02 Equipment ....................................................................................................................................... 26
8.03 Dealer's Responsibility to Public .................................................................................................... 26
8.04 Hazardous Substance ....................................................................................................................... 27
8.05 Indenmification ............................................................................................................................... 27
8.06 Termination ..................................................................................................................................... 27
PART IX
ULTRA SERVICE CENTER PROVISIONS
9.01 System Identity ................................................................................................................................ 28
9.02 Premises Alterations ........................................................................................................................ 28
9.03 Fees/Payments ................................................................................................................................. 28
9.04 Ultra Service Center Manual and System Operation ....................................................................... 28
9.05 Ultra Service Center Work Order Forms ......................................................................................... 30
9.06 Customer Follow-Up System .......................................................................................................... 30
9.07 Advertising ...................................................................................................................................... 31
9.08 Confidentiality ................................................................................................................................. 31
AA
· Revised 2/99
PART II
Copyrighted 2/99 Sunoco, inc. (R&M)
GENERAL PROVISIONS
2.01 PREMISES AND EQUIPMENT
Dealer, being in possession and control of
Premises and Equipment shall keep the same in
good order and condition at all times, and shall
notify Company of any need for repairs of
buildings and fzxtures at the Premises and
Company's Equipment, in accordance with Part
VI of this Franchise. Notification by Dealer to
Company of a need for repair, and assumption
by Company of repair shall not relieve Dealer of
liability to Company, Dealer's employees,
invitees, customers, and the general public for
loss, inju~, or damage arising out of or caused
by a state of disrepair to Premises or Equipment.
Company and its representatives and contracto~rs
shall have full and unrestricted rights of ingress
and egress at Premises, exercisable at any time,
during normal business hours, for purpose of
providing Dealer with business counsel, advice,
training, and inspecting Premises and
Equipment; to remedy any default or omission
of Dealer; to assist Dealer in operating
Premises; to audit and examine Dealer's
accounting records; to determine Dealer's
compliance with this Franchise, and otherwise
to exercise Company's rights, options and
privileges under this Franchise. Company's
right of inspection inchidcs, but is not limited to,
reading meters and gauging tanks, taking
samples of motor fuels and kerosene, and
examining underground storage tank ("UST")
systems associated with the storing and
dispensing of motor fuels and kerosene, and to
adjust, exchange, remove, discontinue use of,
repair or add to any of Premises and Company's
Equipment, including Company's brand
identification and electronic Equipment, to
record~and transmit retail transactions, dispense
motor fuel, and record and inventory motor fuel
stored under,round, as Company may deem
necessary or desirable. All of thc foregoing
shall be without liability to Dealer, Dealer's
employees, or representatives, for any
interruption of business, loss of profits, loss or
damage, resulting from Company's exercise, in
a reasonable manner, of its rights, options and
privileges, as aforesaid, except only for loss or
damage solely caused by Company's negligence
oc~curring in thc course of such activity.
2.02
PRICES
Dealer shall pay to Company, Company's Dealer
prices in effect at thc time and place of delivery for
motor fuels, kerosene, and other products purchased
by Dealer from Company. Company reserves the
right at any time to change its prices, and to change
thc method of calculating such prices and values for
products covered hereunder.
2.03 TERMS OF PAYMENT
Dealer shall pay for all products purchased and
all other fees and sums due to Company in a
manner determined by Company from time to
time in accordance with Company's standard
credit practices.
All credit terms and methods of payment shall
be deemed a part of this Franchise, and such
terms and methods may be amended or
terminated at any time by Company, upon
notification to Dealer. Company may suspend
deliveries of products to Dealer if Dealer does
not comply with Company's credit terms and
methods of payment. The right to amend and
change credit terms and method of payment, and
suspend deliveries of products to Dealer, shall
be in addition to, and not in substitution for,
other rights and remedies available to Company.
Dealer hereby authorizes Company, as
evidenced by Dealer's signature of Company's
"EFT/DTC Authorization Form," to
electronically draft funds for product purchases
and such other charges as mutually agreed upon,
directly from Dealer's designated bank account
consistent with Company's credit guidelines
which have been provided to Dealer. If
insufficient funds are in Dealer's designated
bank account to pay in full sums owed by
Dealer to Company upon draft presentation
during the term of this Franchise, Company
reserves the right to require Dealer to make such
payments in full on the required payment date
by wire transfer or by such other methods as
Company in its sole discretion determines.
Company shall make diligent efforts to invoice
accurately, to provide a monthly account
statement, and to correct errors when
discovered. If an overbilling occurs, Company
will promptly credit Dealer's account, and if an
underbilling occurs, Dealer shall pay Company
such additional amounts within ten (10) days of
receipt of corrected invoice or statements of
account.
All unpaid accounts owing to Company by
Dealer shall bear interest from date due until
paid, at rates established by Company, or by
law. Company's right to collect a finance
charge does not operate as a waiver against
Company's right of termination herein for
Dealer's failure to pay sums owed when due. If
drafts or checks are returned unpaid by Dealer's
bank for any reason, a returned draft charge
shall be assessed at rates established by
Company. All payments shall be made by
Dealer without offset or counterclaim. If suit is
brought to collect unpaid accounts or other sums
owed to Company by Dealer, Company shall be
entitled to recover its reasonable attorney's fees
and costs of litigation in full from Dealer, which
fees and costs shall be added to accounts owed
by Dealer.
At Company's request, Dealer shall promptly
provide to Company at Dealer's expense
financial statements and other information
relative to Dealer's credit standing. Dealer
represents that such information is prepared in
accordance with generally-accepted accounting
principles and practices, consistently applied,
fairly and accurately reflecting Dealer's
financial position, and may be relied upon by
Company in doing business with, and in
extending credit to, Dealer.
2.04 RIGHT OF OFFSET; SECURITY INTEREST
Dealer grants Company the fight, if Dealer fails
to pay and all sums owed to Company when
due, to offset and apply sums held by Company
and owing to Dealer. This includes any cost
incurred by Company as a result of Dealer's
default of any obligation set forth herein. This
offset right and application of funds shall be in
addition to, and not in substitution for, other
rights and remedies available to Company by
law and other provisions of this Franchise.
b. To secure payment of amounts owing by Dealer
to Company, Dealer shall deposit with Company
2.05
cash in an amount determined by Company, as
set forth in Section 1.05. Company, at its sole
discretion, may require Dealer to execute and
deliver £mancing statements, security
agreements or other documents.
Company retains the fight, in addition to any
other remedy it may possess, to deduct from
Dealer's Collateral Deposit any cost incurred by
Company as result of Dealer's default of any
obligation set forth herein. In such event Dealer
shall immediately pay to Company an amount
equal to that portion of the Collateral Deposit so
applied so as to restore the Collateral Deposit to
the amount specified herein;
USE OF COMPANY NAMES; INDEPENDENT
DEALER RELATIONSHIP
Dealer, as an independent business person, shall
operate Dealer's business business under
Dealer's name, which shall be prominently
displayed at Premises together with the word
"PROPRIETOR." Use of Company's
trademarks, trade dress, tradenames and brand
identification, as hereinai~er defined, and credit
card system and equipment, in connection with
Dealer's business, shall be limited to advertising
to Dealer's Customers that Dealer offers for sale
Company's branded motor fuels and other
branded products and kerosene, and accepts
Company's credit cards. Company's brand
identification is not licensed by this Franchise to
Dealer. Dealer shall not employ Company's
brand identification as a part of a corporate or
partnership name. Dealer's use of Company's
trademarks, tradenames, trade dress or other
brand identification and credit card system shall
cease immediately upon termination or
nonrenewal of this Franchise. Dealer recognizes
and acknowledges that Company has exclusive
rights to Company's brand identification,
trademarks, trade dress and trade names, and
Dealer does not and shall not, have any claim,
fight, ownership, or other proprietary interest in
Company's trademarks, tmdenames, trade dress
or other brand identification and credit card
system.
Dealer is not an employee, agent, or represen-
tative of Company, and does not have the
authority to act in any such capacity on behalf of
Company. Any action or representation on
behalf of Dealer to the contrary shall constitute
breach of this Franchise.
2.06
c. Dealer is solely responsible for:
(1) the hiring, discharge, compensation,
management, control, payments and
withholding of all payroll and other taxes
imposed upon wages and salaries for all
personnel used or employed by, or on behalf of
Dealer in connection with said business;
(2) the quality of service performed for
Dealer's customers, including the operation of,
and service and repairs to motor vehicles;
(3) proper handling and satisfactory resolution
of claims and complaints by Dealer's customers
relating to service and repairs performed by
Dealer and Dealer's personnel; and
(4) determining, establishing, and posting the
retail prices at which Dealer provides
automotive services and repairs, and sells m~tor
fuels, kerosene and other products to the public
except to the extent Company establishes a
maximum retail price.
OPERATION OF DEALER'S BUSINESS AND
PREMISES
Sunoco's brand identification, trademarks, trade
dress and trade names represent a commitment
by Company and its franchised Dealers to
provide the public with its high quality motor
fuels, kerosene, automotive products, and
service. To maintain and increase the public's
confidence in Sunnco's brand identification,
trademarks, trade dress, trade names and credit
card system, Dealer shah exert best efforts to
purchase, promote, and resell Company's
branded motor fuels, kerosene and automotive
products, and to provide the highest level of
service to the public through the continuous
operation of Dealer's business in accordance
with this Franchise.
Dealer shall e~ontmuously operate Dealer's
business at Premises in accordance with ~e
terms of this Franchise and in the manner
required of a Sunoco franchisee as specified and
required by Company's image programs,
bulletins, and image and standards verification
programs as provided to Dealer by Company,
including but not limited to:
(1)
Keeping Premises open; displaying
quantities and quality of products and
merchandise associated with a Sunoco
(2)
(3)
Service Station; and fully operating with
qualified personnel, during hours per
day/week specified in Section 1.03;
Mandatory attendance and successful
completion of all initial and follow-up
Dealer mining required by Cornpany'
Keeping Premises in a clean, attractive,
safe and healthful condition, free of ice,
snow, dangerous conditions, and wrecked,
junked, and unlicensed vehicles. All
motor fuel islands shall be open and
passable to the public. All restrooms,
sales rooms, offices and other public
facilities at Premises shall be kept clean,
sanitary, attractive, fully stocked and in
good operating condition. All tools
merchandise and equipment shall be kept
clean and stored in an orderly manner.
Grease and other such substances, trash,
debris, discarded tires and parts shall not
be allowed to accumulate on or about
Premises, except in appropriate and
properly maintained containers, and shall
be periodically removed from Premises by
means of sara'ration removal services,
consistent with applicable laws. All
Premises advertising signs and point-of-
sale material shall be maintained in good
condition and visible to the public and
· shall be removed when soiled or out of
date;
(4)
Continuously exercising best efforts
during the term of this Franchise to
promote and sell to the public all grades of
Company's branded motor fuel made
available to Dealer by Company;
(5)
Not draining nor permitting the drainage
of motor fuel inside Premises building; not
using nor permitting to be used on
Premises, for cleaning purposes, any
flammable liquid (such as motor fuels);
nor permitting motor fuels, kerosene,
waste oil, or antifreeze solutions to enter
any public or private water system, storm
drain, or sewage disposal system and to
dispose of such materials in a manner
complying with applicable laws and
regulations;
(6)
Providing Dealer's customers with
prompt, efficient, courteous motor fuel
sales and automotive service;
(7)
(8)
(9)
(lO)
(11)
(12)
(13)
(14)
(15)
(16)
Not engaging in major auto repair,
including, but not limited to auto painting,
engine and transmission overhauling, auto
body repair, or welding;
Keeping Premises, grounds and driveways
flee and clear of vehicles, equipment and
other obstructions which may restrict
traffic flow, endanger customer safety, or
detract from Premises appearance;
Not managing or operating any non-
Sunoco service station during the term of
this Franchise without the express prior
written consent of Company.
Not engaging in the sale, storage, or
display of alcoholic beverages of any kind
at Premises without the express prior
written consent of Company;
Not selling, storing or renting motor
vehicles, trailers or any type of equipment
at Premises, without the express prior
written consent of Company;
Keeping no animals or weapons on
Premises which threaten the health, safety,
or well-being of customers or invitees;
Employing and training enough qualified
personnel at Premises to render first class
service to the public, and requiring that all
personnel working at Premise wear all
parts of neat and clean uniforms, in
accordance with image standards and
specifications established by Company.
Uniforms will be replaced when tom,
badly worn, soiled or unsightly, and when
Company uniforms change;
Establishing all necessary and appropriate
work roles and standards for Dealer's
employees, consistent with and as required
by applicable law;
Using adequate lighting and illuminated
signs at Premises to provide visibility to
the public during all Dealer's Sunoco
franchise operating hours;
Treating the public in a friendly, courteous
and professional manner. Developing and
maintaining the public's respect for
Dealer's business, and for Company's
2.07
brand identification and branded motor
fuels;
(17)
(18)
(19)
Obtaining Company's prior written
approval before installing or replacing any
vending machine or display equipment at
Premises, which approval shall not be
unreasonably withheld;
Operating Dealer's business, including use
of Premises, operalton of motor vehicles
and all Equipment, whether by Dealer
personally, or by Dealer's personnel, in a
reasonable and pmdent manner, taking due
care to avoid any acts or omissions which
might cause loss, injmy, death, or damage,
or which might detract from Company's
brand identification and reputation;
Providing Company with copy of all
inventory records upon the termination or
non-renewa} of this Franchise;
(2O)
You are responsible for full compliance
with this Dealer Franchise Agreement and
for insuring that those employed by you
know how to operate the business in a safe
and proper manner, which includes, but is
not limited to, having an employee present
at the Premises during all operating hours
who has the ability to communicate with
the public in the English language.
INITIAL TRAINING
Company shall not be obligated to perform under this
Franchise until Dealer has attended and satisfactorily
completed Company's required initial training.
Company may terminate this Franchise and
Company's Sunoco franchise relationship during or
immediately following completion of initial training,
if in Company's sole opinion, Dealer is not
satisfactorily participating in, or has not successfully
completed initial training. In that event, Company,
upon 24 hours' notice and refund of Dealer's
collateral security, will declare this Franchise and all
other contracts between Company and Dealer relating
to the Premises canceled, whereupon Company and
Dealer shall be fully released from any further
liability or obligation to each other with respect to this
Franchise and the Sunoco franchise relationship.
2.08
MAINTENANCE OF MOTOR FUEL QUALITY
AND BRAND
During the term of this Franchise, Dealer must
continually have available for sale to the public
a representative amount of Company's branded
motor fuel through dispensing Equipment
bearing Company's brand identification.
(1)
"Company's brand identification" means
source marks, trademarks, trade names,
logos, emblems, dispensing equipment
designs, trade dress, and color
combinations associated with Company's
branded motor fuels and kerosene.
Co
(2)
"Representative amount" means a
sufficient amount of each grade and type
of motor fuel offered to Dealer by
Company so that Dealer shall at no time be
out of and always have each grade and
type available for resale, provided that
Dealer is not required to have such motor
fuels available for resale when they are not
so offered by Company to Dealer.
(3)
"Company's branded motor fuels" means
motor fuels manufactured and delivered or
supplied and delivered by Company to
Premises for purposes of resale to public
through dispensing Equipment bearing
Company' s brand identification~
Company shall be the sole determiner of
specifications, grades, types and sources of
Company's branded motor fuels.
Dealer may not dispense motor fuels other than
Company's branded motor fuels from Premises.
Dealer shall not mix, blend, commingle or
adulterate Company,s branded motor fuel with
any other motor fuel or substance.
Company reserves the fight, exercisable as and
when Company may determine, to alter (which
includes the fight to add, to reduce, discontinue,
modify, or otherwise change, as Company may
determine and implement) the number, quality,
grade, type, composition, color and
specifications of Company's branded motor
fuels and kerosene; to alter dispensing and
storage Equipment used in connection with
Company's branded motor fuels and kerosene,
and to alter or withdraw Dealer's right to use
Company's brand identification, all without
liability to Dealer for losses and damages
resulting therefrom, excepting only losses and
damages occasioned by Company's negligence.
2.09 DELIVERIES
Premises are the delivery point for all products
sold by Company to Dealer; Company reserves
the right to change the point of delivery, upon
thirty (30) days~ written notice to Dealer.
Company is not required to deliver less than
100% of capacity of the truck used for delivery
of motor fuels and kerosene to Dealer. Company
may impose, and Dealer shall pay handling
charges as determined by Company for
deliveries of less than 100% of capacity of
mack, and for deliveries made at Dealer's
request which are not in accordance with
Company's normal delivery practices. Company
shall determine the method to be used to
measure the quantity of more motor fuel and
kerosene delivered to Dealer, and may change
such method from time to time. Title and risk of
loss for all products covered herein shall pass
from Company to Dealer at the time and place
of delivery.
Dealer grants Company the right to deliver
Company's branded motor fuels and kerosene
24-hours-per-day, 7-days-per-week. Dealer
accepts Company's records as to quantity so
delivered, and any claims for discrepancies on
such deliveries must be made to Company no
later than one business day after the delivery
date.
Company may refuse deliveries into any tank
which, in its sole judgment, (i) is unfit or unsafe
for the storage or handling of motor fuels or
kerosene; (ii) for which Dealer has not provided
Company with all certificates of insurance as set
forth in Section 2:13 of this Franchise; and (iii)
if Dealer is not in compliance with Part VII,
Company's Daily Recordkeeping and Inventory
Control Provisions. Company also reserves the
rights to require Dealer to keep all tanks locked
as a precaution against conditions which, in
Company's opinion, are potentially unsafe.
Dealer accepts full responsibility for all
damages to any person or propen'y that in any
way, result from Dealer's failure to lock such
tanks upon Company's request.
2.10 UNCONTROLLABLE EVENTS/ALLOCATION
a. Company and Dealer shall be forgiven their
respective obligations hereunder to the extent
that performance is delayed or prevented by
causes reasonably beyond the control of either
party, except any accounts owed by either party
to the other. Company may allocate motor fuel,
kerosene and other products among Dealer and
other customers, if it determines that any
curtailment, shortage, or unavailability of such
products, for any reason whatsoever, exists, and
shall not be obligated to make up shortages
resulting therefrom, nor shall Company be liable
to Dealer for loss of sales, profits or business, by
reason of such allocation.
Company may from time to time establish and
change product quantities lifting and delivery
schedules, and procedures by which motor fuels,
kerosene and other products shall be sold and
delivered to Dealer. Such schedules and
procedures, as established and changed by
Company shall be deemed a part of this
Franchise.
2.11 COMPLIANCE WITH LAWS
Dealer shall be solely responsible for complying, and
for requiring Dealer's employees and contractors to
comply, with all applicable federal, state, and local
laws, regulations, roles, ordinances, and other legal
requirements of governmental authorities regarding:
a. Operation of Dealer's business and use of
Premises, including but not limited to:
(1) Obtaining and maintaining appropriate
business licenses, registrations and permits.
(2) Reporting and paying, when due, all taxes
associated with Dealer's business.
(3) Maintenance and cleanliness of the
Premises, including equipment and
improvements thereon.
(4) Complying with laws relating to the
hiring, discharge, and compensation of
employees.
(5) Compliance with laws and regulations
regarding the installation, operation, monitoring,
maintenance and closure of the UST System.
(6) Monitoring the UST System and lines for
leak detection and inventory control.
(7) Complying with all applicable laws and
regulations regarding water, soil, air and waste
storage, treatment and/or disposal.
Receiving, storing, handling, offering for sale,
selling, or delivering for use, products
purchased from Company under this Franchise,
including but not limited to:
(1) Pollution of water, ground and air with any
substance or products. ~-
(2) Disposal of all waste, including storage
and used motor oil, used vehicle batteries and
hazardous waste.
(3) All vapor recovery equipment.
(4) Notifying of appropriate controlling
agency(ies) and Company if Dealer believes for
any reason there has been a leak or spill of
motor fuel and other products involving Dealer's
UST System or dispensing system.
Prominent posting of required signs, notices,
and disclosures as specified by Company from
time to time, including but not limited to:
(1) Underground storage tank certificates of
registration and operation permits.
(2) Proper use of motor fuel dispensing
equipment.
(3) Proper use of vapor recovery equipment.
(4) Proper use and labeling of product
containers and t'fils.
(5) Posting and certifying of required octane
and motor fuel requirements.
Federal Environmental Protection Agency
regulations issued 1/10/73, as amended, and as
promulgated under authority of Clean Air Act of
1970, as amended, specifically:
(1) Instruct Dealer's employees, agents and
customers on the correct handling of motor fuel
dispensing Equipment, to ensure no
contamination of motor fuel.
(2) Ensure compliance with Company's
standards of color coding product fills for
UST's.
(3) Permit Company, during normal business
hours, to inspect Dealer's books, records,
equipment and facilities used in connection with
the purchase, sale, or handling of products
covered hereunder when Company has cause to
believe a contamination or violation has
occurred.
(4) Comply with the provisions and
requkements of any Company program
designed further to ensure Dealer and/or
Company compliance with the aforesaid roles
and regnhfions.
Maintaining the quality and integrity of branded
motor fuels. Dealer shall immediately notify
Company if Dealer knows, or has reason to
know, that the motor fuel dispensing system has
been contaminated or contains off-specifieafiun
motor fuel, and immediately padlocking or
permitting Company to padlock, the motor fuel
dispensing equipment to prevent dispensing of
such product. Company shall be permitted at
any time to test and sample the product, and
shall have the right to remove contaminated or
off-specification product from the motor fuel
system. Company shall not be liable to Dealer
for any loss or profit Dealer may suffer by
reason of such removal or padlocking.
Motor fuel sold by Company to Dealer shall
comply in all applicable federal requirements
and regulations at time and place of delivery by
Company to Dealer.
2.12 INDEMNIFICATION
Dealer shall fully protect, defend, reimburse,
indanmify and save harmless Couqaany, its
parent, its subsidiaries and affiliates, and the
employees and agents of said Company, parent,
subsidiaries, and affiliates, and each and every
one of them free and harmless at all times, from
any against any and all claims, liabilities,
litigation, losses, damages, demands, fmcs,
causes of action of every kind and character
from any cause whatsoever, and injury to person
and property (including death) of Dealer,
Dealer's employees, agents, conn:actors,
customers, invitees, and other persons caused by
or resulting in any way from, but not limited to:
(1) Operation of Dealer's business, including
but not limited to operation, condition and use
of the Premises (e.g. the driveways, walkways
and signs) and service, and repair of motor
vehicles by Dealer, Dealer's employees, agents
and contractors;
(2) Performance or non-performance of
Dealer's obligations under this Franchise.
(3) Operation, use, condition or state of repair
of the Loaned Equipment, the UST System,
motor fuel and kerosene dispensing equipment,
storage tank.% oil/water separators, the building
fixtures and h,,provements, and motor vehicles
under Dealer's care, custody or contxol;
(4) Loss, discharge or spill of petroleum
products on or from Premises (excluding loss,
discharge or spill caused by Company or its
carders, occurring while delivering motor fuels
or kerosene to Premises);
(5) Contamination, mixing, misbranding and
dispensing of products by Dealer, Dealer's
personnel, agents, contractors, customers and
suppliers (excluding Company and its
contractors);
(6) Claims and demands of Dealer's
personnel, agents and enotmctors for
compensation, wages, benefits and other
remuneration, including fines, interest and
penalties assessed by appropriate governmental
authority, in any way associated with payment
or nonpayment of such remnneration;
(7) Claim~q and demands of governmental
taxing authorities, including taxes, f'mes, interest
and penalties associated with payment,
nonpayment, reporting or non-reporting of taxes
and assessments owed by Dealer or Dealer's
business;
(8) Acts and omissions of Dealer, Dealer's
personnel, con.actors, agents, invitees and
customers, whereby Company's licenses or
permits are, or could be canceled by
governmental authority, or whereby the
underlying lease to Premises, if any, would be
breached.
Dealer shall further indenmify and reimburse
Company for:
(1) Costs, expenses and fees (including court
costs and attorneys' fees) incurred by Company
relating to litigation undertaken successfully by'
Company against Dealer to enforce, terminate,
or nonrenew this Franchise or to collect money
or recover Equipment and property due by
Dealer to Company.
(2) Costs, expenses, fees (including court
costs, attorneys' fees and costs of litigation),
taxes, fmcs, penalties and judgments incurred or
paid by Company by reason of violation of law
by Dealer.
The parties hereto agree that, in consideration of
Company's execution of this Franchise, any
claim of any kind by Dealer based on or arising
out of this Franchise or otherwise shall be
barred unless asserted by Dealer by
commencement of an action within twelve (12)
months after delivery of the products or other
event, action or inaction to which the claim
relates. This provision shall survive termination
of this Franchise.
All mounts due Company by Dealer by reason
of indemnities and obligations imposed upon
Dealer by this Agreement shall become due and
payable by Dealer to Company upon demand, as
part of Dealer's account to Company.
Notwithstanding the provisions elsewhere set
forth above, Dealer shall not be liable to
Company, and does not protect, indemnify or
save harmless Company, for claims, losses or
damages caused solely by the negligence of
Company, its employees, contractors and
agents.
2.13 INSURANCE
Dealer at its sole cost and expense, through the
duration of the term of Dealer's franchise
relationship with Company, shall obtain, keep
and maintain in full force and effect for the
mutual benefit of Dealer and Company
insurance through a financially responsible
carrier (with a rating of"A" or better by A.M.
Best) acceptable to Company which is primary
as to any other valid and collectible insurance.
The Company must be included as an additional
insured on all policies listed in sub paragraph
(1), (3), (4), (5), (6) and (7). The Company is
entitled to all coverage limits equal to or greater
than the minimum requirements. Such
insurance at a minimum shall include:
(1) COMMERCIAL GENERAL LIABILITY
INSURANCE against claims for damage to
persons or property arising out of Dealer's
operation of the Franchise at the Premises,
including product liability, completed operations
coverage and liquor liability (if applicable) with
a minimum limit of at least $500,000.00 for
bodily injury and property damage, combined
single limit each occurrence. The coverage
must include contractual liability covering the
indemnification and hold harmless provisions of
Section 2.12, subject to the Commercial General
Liability Pohcy standard terms and conditions.
(2) WORKERS' COMPENSATION
(COVERAGE A) AND EMPLOYER'S
LIABILITY (COVERAGE B) 1NSI_FRANCE
(a) Coverage A - Statutory Limits
(b) Coverage B - Limits of at least:
$500,000.00 - each accident
$500,000.00 Disease - Policy Limit
$500,000.00 Disease - each employee
(3) GARAGEKEEPERS LEGAL LIABILITY
INSURANCE coverage for all automobiles with
minimum limits of $100,000.00 per occurrence.
(4) GARAGE LIABILITY INSURANCE
coverage for bodily injury and property damage
with minimum limits of at least $500,000.00
combined single limit per occurrence.
(5) AUTOMOBILE LIABILITY
INSURANCE coverage both bodily injury and
property damage with minimum limits of at least
$500,000.00 combined single limit per
occurrence.
(6) EXCESS LIABILITY INSURANCE
coverage with minimum limits of $500,000.00
per occurrence in excess of the coverage
described in the sub-paragraphs 1, 2(b), 3, 4 and
5 above.
(7) ALL RISK PROPERTY INSURANCE
coverage for the replacement cost value of all
Sunoco's property, including all leased
buildings, improvements, driveways, sidewalks,
easements, UST's and equipment. The
Company must be included as an additional
insured and loss payee.
Dealer shall provide to Company prior to
commencemem of this Franchise a certificate or
other appropriate evidence of insurance
coverage as above required, satisfactory to
Company, and a renewal certificate of such
policy shall be furnished to Company prior to
each policy renewal date. Each certificate shall
include a provision that such policies may not
be canceled or materially changed without at
least thirty (30) days' prior written notice to
ComtJany. Dealer shall keep said insurance
coverage in full force and effect during Dealer's
Franchise relationship with Company.
Dealer's failure to effectuate any and all such
insurance and renewal policies of insurance
required as aforesaid, and to pay the premiums
and renewal premiums of all such policies of
insurance as they become due and payable, and
to deliver all such certificates of insurance and
renewals thereof or duplicate originals to
Company within the time herein above
specified, shall constitute a material default by
Dealer under the terms of this Franchise.
Additionally, if, after written notice f~om
Company, the required certificate of insurance
are not provided within the time set forth in the
notice, Company may immediately suspend
deliveries of motor fuel to Dealer until such
certificates of insurance are received by
Company.
2.14 TAXES, FEES, LICENSES AND PERMITS
2.15
Dealer is solely responsible for all taxes, fees, licenses
and permits required in connection with Dealer's
business and Equipment used by Dealer, including
permits, fees and certifications for the UST, motor
fuel and kerosene dispensing Equipment. Dealer shall
pay or remit for payment all taxes imposed on bills of
lading, invoices, and delivery tickets for products
purchased hereunder which are not included in
Company's prices, unless Dealer furnishes Company
with a legal exemption certificate with shipping
instructions.
MULTIPLE DEALERS, PARTNERSHIPS AND
CORPORATIONS
If more than one individual is named as Dealer
herein, any one of them shall be deemed to have
authority to bind al individual Dealers with
respect to all aspects of Dealer's franchise
relationship with Company. Acts of any one
named Dealer shall be deemed to be the acts of
all Dealers, each of whom shall be jointly and
severally liable hereunder to Company.
If Dealer is organized for business as a
parmership or corporation, then Dealer shall
guarantee such business entity's performance
2.16
under this Franchise providing Company with a
personal guarantee. Additionally, Company
may require other principals of Dealer's
business ~ntity to provide Company with such
personal guarantees.
Dealer shall request prior written approval from
Company of any change in ownership or
managerial authority of Dealer's business
pursuant to Section 2.21 of this Franchise.
NOTICES
Any notices required by, or otherwise given in
connection with this Franchise shall be in writing,
sent registered or certified United States mail or hand
delivered and signed by the party giving such notice.
Any notice directed to Company shall be mailed or
hand delivered to Company's address stated herein,
and notices directed to Dealer shall be mailed or
delivered to Dealer at Premises.
2.17 HAZARDOUS SUBSTANCES
Dealer is hereby informed that the materials
used to produce Company's motor fuels,
kerosene and motor oils covered herein are
crude oils or by-products of etude oils,
containing, or which may be found to contain,
substances hazardous to the health and safety of
persons and property.
Dealer shall undertake and assume full duty and
responsibility to maintain, observe and
communicate adequately to Dealer's agents,
employees, customers and conlractors any and
all safety warnings, procedures, standards, roles
and regulations supplied to Dealer by any
governmental authority, by Company, or as
Dealer may deem necessary in connection with
Dealer's business and as part of Dealer's
purchase, storage and sale of Company's
branded motor fuels and other products and
materials which may be found to contain
substances hazardous to the health and safety of
persons and property.
2.18 NON-WAIVER
Should either Company or Dealer, at any time, waive
or fail to enforce any provision of this Franchise
(including all parts, amendments, and addenda
hereto), such waiver or failure to enforce shall not be
construed as a waiver or relinquishment of that
party's right thereafter to enforce any such provision.
2.19
ENFORCEMENT; APPLICABLE LAW;
RENEWAL, NONRENEWAL AND
TERMINATION
Company has the right to enforce and require
specific performance of all provisions of this
Franchise, including, but not limited to
Company's right to seek injunctive relief or any
other rights or remedies available to Company.
This Franchise is subject to and governed by the
Act, which is made part of this Franchise for
purposes of expressing the grounds upon which
it may be terminated and nonrenewed by
Company. Company's right to terminate or
nonrenew under the Act shall be in addition to,
and not in extinguishment of, all other rights and
remedies provided in favor of Company by
applicable law and this Franchise. Therefore,
should Dealer fail to comply with, or violate,
any requirements imposed upon, or promise
made by Dealer in this Franchise, Company
may nonrenew or terminate this Franchise.
Prior to the end of the term of this Franchise,
Company may decide to renew and continue its
franchise relationship with Dealer, on the basis
of proposed changes and additions to the
provisions hereof (including, but not limited to,
changes and additions to the rates and amounts
of rents, fees and charges to be paid by Dealer),
and shall advise Dealer of same. Should the
Parties fail to agree upon such changes and
additions, Company shall have the right, upon
notice to Dealer, to nonrenew this Franchise and
the franchise relationship with Dealer, as of the
end of the term stated herein. Should the Parties
agree upon such changes and additions, the
franchise relationship between Dealer and
Company shall be renewed, subject to and in
accordance with the agreed changes and
additions, and the execution by both parties of a
renewal Franchise.
If Company should violate any substantive
provision of this Franchise, and not promptly
correct same, Dealer may terminate this
Franchise with Company at any time upon
ninety (90) days' prior written notice to
Company. Said written notice must specify the
particular reason(s) which give rise to such
termination, in order to be effective.
If any Federal, State or Local governmental
action imposes an obligation upon Company to
construct, install and make improvements to any
equipment or facilities on the PremiSes, which
in Company's sole judgment are uneconomical
to Company, it may upon 120 days notice
terminate this franchise.
f. Upon the effective date of the termination or
nonrenewal hereof,
(i) All unpaid accounts owed by Dealer to
Company, shall be due and payable in full, and
shall bear interest from s~tch date until paid, at
rates established by Company's.credit terms
with Dealer;
(2) Dealer shall stop using and shall return
forthwith to Company, Company's brand
identification and credit and debit card system,
together with all of Company's Equipment, in
good order and condition, at Dealer's expense;
and
(3) Company shall repurchase from Dealer all
Company branded motor fuels sold Dealer by
Company at Dealer's cost therefor; the amount
thereof to be paid to Dealer, or applied to
Dealer's unpaid account with Company, as
determined by Company.
2.20 SURVIVORSHIP
If Dealer is a natural person, and Dealer dies or
is incapacitated, this Franchise and the franchise
relationship between Company and Dealer will
continue in effect, provided that Dealer, or
Dealer's legal representative, promptly make
arrangements on behalf of Dealer, subject to
Company approval, to continue the operation of
Franchise in the same manner and to the same
extent as existed prior to such event. Company
shall consider credit standing, financial
conditions, personal qualifications and business
suitability to perform the requirements of this
Franchise among other criteria in deciding
whether to approve the proposed successor.
For purposes of the foregoing, the term
"Dealer's legal representative" means a
guardian, executor or administrator appointed
by a court. Where there is no such appointed
legal representative, and Dealer is deceased or
otherwise unable to act on Dealer's own behalf,
then, for purposes hereof, the terms means
Dealer's spouse or other relative(s) acting on
behalf of Dealer or Dealer's estate; provided,
however, that Company shall have the right to
determine and be satisfied with respect to the
10
2.21
authority of any person or persons so acting on
behalf of Dealer's estate; provided, further, that
in appropriate circumstances, Company, on its
own, may institute legal proceedings for
purposes of having a guardian or administrator
appointed to represent Dealer's estate.
SALE, ASSIGNMENT AND COMPANY'S
RIGHT OF FIRST REFUSAL
This Franchise is personal in nature and the
performance of Dealer's duties cannot be
delegated by Dealer without prior written
consent of Coup,any.
If Dealer is not in default of this Franchise and
has not received notice of termination or
nourenewal, and Dealer desires to sell, transfer,
or assign Dealer's business at any time during
the term of this Franchise, and Dealer receives a
bona fide offer to purchase which is acceptable
to Dealer, Dealer shall notify Company in
writing promptly after receiving said offer, and
shall attach thereto true and correct copies of
said offer, including all letters of intent,
contracts and all other documents relating to
such proposed sale or assignment. Any offer
must identify cost of equipment, inventory and
goodwill.
For purposes hereof, a "sale of Dealer's
business" shall include a "sale," "transfer" or
"assignment" of Dealer's business, or any
percentage of control in said business of 51% or
greater.
Upon receipt of Dealer's notice and all required
documentation, Company shall thereafter have
at least sixty (60) days' time in which to elect to
purchase the business upon the terms and
conditions, contained in the offer. If Company
does not elect to exercise its right to purchase
Dealer's business, it will notify Dealer of its
decision in a timely manner.
Company will thereafter evaluate the proposed
sale of Dealer's business by conducting an
examination of the proposed purchaser's credit
standing, financial condition, and business
suitability to functiun as a Dealer. In this
respect, Dealer and proposed purchaser shall
provide Company with all information which
Company requests, for purposes of making its
examination. This may include without
limitation verification of the proposed
purchaser's investment, including the existence
of Promissory Notes, Loans, etc., the proposed
purchaser's financial statements, balance sheet,
proforma P&L onthe new business based on the
economics of the assignment, notarized bank
statements and tax returns for the last three (3)
years. Company has the right to consider,
among other criteria, the proposed purchaser's
personal qualifications, character, apparent
ability and credit worthiness and business
suitabihty to perform the requirements of this
Franchise. Dealer shall bear the cost of
Company's examination of purchaser' s credit
standing. The proposed purchaser shall comply
with all requirements of the Dealer Recruitment
Process and assignment policy. Company shall
not be held liable for any losses caused Dealer
in the event of disapproval or conditioned
approval.
If, in Company's business judgment, practices
and its assigrunent and transfer policy, such
prospective purchaser does not have sufficient
credit standing, business experience, character
or sufficient working capital to function as a
Dealer in the manner required by this Franchise,
then Company shall notify Dealer in writing of
its opinion, and may refuse to permit the
contemplated sale of Dealer's business, or by
such writing may condition its approval upon a
revision of credit terms, and payment to
Company of all sums owed to Company
including applicable changeover fee upon
execution by such party of additional franchise
requirements or upon execution of a Trial
Franchise Agreement, as that term is used in the
Act, as a substitute for this Franchise, and upon
the attendance at, and successful completion by
such purchaser, of Company's Training
Program.
The proposed purchaser shall not have and shall
not acquire any interest, and shall not directly or
indirectly be affiliated or become affiliated with
any person, fh'm, corporation or other entity
(collectively, "Person") which has any interest,
as a lessee in any property leased by Company
or any subsidiary or affiliate by Company,
unless approved by the Vice President of
Company. For the purpose of the foregoing, a
person shall be deemed to be affiliated with
another person if such person has any legal or
beneficial interest in such other person; is a
panner or joint venturer of such other person in
any capacity related to a Sunoco franchise or
any property leased by Company; is an officer
or director of such other person; or directly or
11
indirectly controls or is controlled by or under
common control with such person, through
ownership of securities, by contract, or
otherwise.
COMPANY RESERVES THE RIGHT TO
REFUSE TO CONSENT TO ANY PROPOSED
SALE AND ASSIGNMENT WHICH WOULD
RESULT IN COMPANY HAVING ANY
MATERIALLY INCREASED RISK, BURDEN
OR CHANCE OR NOT OBTAINING
PERFORMANCE UNDER THIS
FRANCHISE. COMPANY SHALL NOT BE
HELD LIABLE FOR ANY LOSSES
INCURRED BY DEALER DUE TO
DISAPPROVAL OR CONDITIONAL
APPROVAL OR ANY SALE AND
ASSIGNMENT.
If, in Company's business judgment, such
prospective purchaser satisfactorily
demonstrates at least the same credit standing,
character, business experience, and fmancial
criteria required of Dealer by this Franchise and
all requirements of Company's Dealer
Recruitment Process and assignment policy,
including testing, interviews and business plans
have been satisfactorily completed, then
Company shall approve the assignment, subject
to payment to Company of all sums owed to
Company by Dealer, including applicable fee,
and purchaser executing additional franchise
requirements or a replacement franchise
agreement, attending and successfully
completing Company's Dealer Training
Program.
Each actual or contemplated sale of Dealer's
business shall be made subject to the foregoing
provisions of this Franchise and the payment as
appropriate of a changeover fee as specified
herein. An assignment of this Franchise,
whether or not made in the manner permitted by
these provisions, shall not alter or discharge
Dealer's obligations hereunder to Company,
except as agreed to beforehand in writing by
Company, or when sale of Dealer's business is
made by Company.
Should Dealer complete a sale of Dealer's
business and fail to notify Company as above
required, or make a sale or assignment which
has been disapproved by Company, or fail to
provide Company with complete information as
requested by Company, such sale or assignment
shall not be valid or recognized by Gompany,
and Company may terminate this Franchise.
Company may assign this Franchise to any
distributor, re£mer or other "franchisor," as that
word is used in the Act, subject to the following:
(1) Assignee shall agree in writing to perform
and to comply with all of Company's
obligations hereunder, except with respect to
provisions of Section 2,/Mces, herein.
(2) Comp.any shall notify Dealer in writing of
name and address of assignee, and effective date
of assignment.
(3) Such assignment, when made in the
manner herein provided, shall not be treated as
either a termination or nonrenewal of this
Franchise, or of any of Dealer's rights as a
"franchisee" under the Act, but this Franchise
and Dealer's rights shall continue in full force
and effect. Assignee shall succeed to all of the
rights, obligations and privileges provided in
favor of Company under this Franchise and the
Act.
2.22 REPRESENTATIONS OF DEALER
a. Dealer represents the following to Company:
(1) Dealer is entering into and signing this
Franchise of Dealer's own free will and choice,
and is not acting under influence of any threat or
coercion by Company or its representatives.
(2) There have been no promises, clam, or
representations made to Dealer by Company or
its representatives of any kind, including but not
limited to promises concerning price, quality or
quantity of products and services sold or
supplied by Company, condition of, further
repairs to, or replacements of Equipment or
Premises, or present or further market
conditions or competitive activities which are
not contained in this Franchise, or in another
written docuffaent signed by, or furnished to
Dealer, by Company as a part of Dealer's
franchise relationship.
(3) Dealer has employed, or has had sufficient
opportunity to employ, legal counsel for the
purposes of examining and explaining this
Franchise to Dealer.
12
(4) Dealer has carefully read and examined
this Franchise, has had sufficient opportunity to
do so, and understands Dealer's obligations and
responsibilities as a franchisee.
(5) Dealer is signing this Franchise for
purposes of operating a Sunoco franchise and
for purchasing from Company and promoting
and reselling to public, Company's branded
motor fuels, kerosene and other automotive
products.
(6) Dealer has no intention or plan, at the time
of signing of this Franchise, to transfer or assign
this Franchise or Dealer's business.
(7) There are no other persons who have any
financial or other interest in Dealer's business,
or who will act in the capacity of a Dealer
hereunder, who are not named herein as a
Dealer, except as disclosed to and agreed to in
writing by Company.
(8) Dealer has attended or will promptly and
satisfactorily complete all initial and follow-up
training required by Company.
(9) Dealer has, and will maintain, sufficient
capital and financing to operate Dealer's
business in the manner required by this
Franchise.
Company, in entering into, signing, and
performing this Franchise, is relying upon the
foregoing representations of Dealer, which
representations shall be continuing and shall
survive the term of this Franchise.
2.23 MISCELLANEOUS
All prior contracts and understandings between
the parties concerning the purchase and sale of
motor fuels and kerosene and other products and
systems covered hereunder are canceled as of
the date the term of this Franchise commences,
and Dealer and Company are fully released from
all liabilities, claims and responsibilities arising
out of such prior agreements, except for unpaid
accounts and agreements granting Company a
security interest in inventories, merchandise,
accounts receivable and equipment of Dealer
and claims for indemnify of Company by Dealer
under such prior arrangements. This Franchise,
when executed by both Company and Dealer,
shall be binding upon the parties, their
respective heirs, executors, administrators,
successors and assigns.
In the event any law is passed, or should a court
decision or decree be issued, which, in the
opinion of Company, may make any part of this
Franchise (including any addendum, amendment
and ratification) legally defective or ineffectual
or have the effect of deeming the same or
similar agreement, term or provision to be void
or illegal, then Company may, at its sole
discretion, upon notice to Dealer, amend, add to,
or delete such part, term or provisions, or
replace this entire Franchise, for purposes of
correcting such defect, ineffectual, void or
illegal part, term, provision or agreement, and
Dealer shall accept the same for such purposes.
Notwithstanding the giving of a notice of
termination or nonrenewat hereof, Company
may, in its sole discretion, and without waiving
such noUce or Company'S fights thereunder,
elect to extend and temporarily continue in
effect the Franchise beyond the effective date of
such notices or the end of the term set forth in
Section 1.01 hereof. Company's extension
hereof shall not be effective or bi~dlng unless
made in writing and signed by Company, and
shall state therein the period of fune of the
extension, and such other terms and conditions
which Company deems appropriate relating to
such extension.
This Franchise, including any addenda,
amendments, manuals, schedules and
documents incorporated herein, contains thc
entire agreement between Company and Dealer
and merge and supersede all prior agreements,
understandings, representations and warranties
(oral or written, express or implied) between
Company and Dealer concerning operation of
Premises. No modification of this Franchise
shall be binding on Company unless in writing
and signed by Company's authorized
representative.
No claim shall be made under this Franchise for
special or consequential damages, except as
provided otherwise by law.
13
PART III
LEASE PROVISIONS
Company hereby leases to Dealer, and Dealer hereby accepts
and leases from Company, Premises referenced herein, for
Term herein stated, Premises include building,
improvements, driveways, sidewalks, easements and UST
facilities on Premises.
3.01 RENT
a. Rent for Premises is specified in Part I.
Past due rent shall bear interest at rates
established by Company's credit terms with
Dealer. Also, checks or drafts for rent returned
unpaid by Dealer's bank, for any reason, shall
be assessed, and Dealer shall pay a returned
check charge at rates established by Company.
If Premises are rendered unusable by fn:e or
other casualty or if public work or repairs on or
about Premises or improvements or
modifications to Premises by Company prevent
access to Premises or otherwise substantially
interfere with use of Premises by Dealer, then
Company may, at its sole discretion, abate rent
or any part thereof, until such condition is
ended. Dealer upon written notice to Company,
may terminate this Franchise if abatement of
rent is not acceptable to Dealer. Abatement of
rent, as determined by Company, shall be the
extent of Company's liability to Dealer because
of such condition.
3.02 USE AND MAINTENANCE OF PREMISES
Premises are to be used for operation of
Dealer's Sunoco franchise. Dealer shall keep
and maintain Premises in good order and
condition, as required herein, and in accordance
with applicable law.
Dealer shall not make any additions or
alterations to Premises and improvements, nor
erect or add any buildings or other enclosure on
Premises without Company's prior written
permission. Additions and alterations made to
Premises by Dealer shall be at Dealer's own risk
and expense, and shall be performed in a good
and workmanlike manner, and in accordance
with Company's engineering standards. At the
end of this Franchise, Premises shall be restored
to their original condition at Dealer's expense,
normal wear and tear excepted. However,
Company may in writing waive all or any part
of this requirement, and may permit Dealer's
additions and alterations, or any part thereof, to
remain upon Premises. If so, such additions and
alterations shall become Company's property.
3.03 UNDERLYING LEASE
If Company's right to grant possession of
Premises to Dealer is sub)ect to an underlying
lease, as specified in Part I, Dealer is hereby
notified, and does hereby recognize, as of the
beginning date of this Franchise, that such
underlying lease may expire, and may not be
renewed during the term of this Franchise, or at
the end thereof. Company may exemise any
termination rights granted to it by terms of an
underlying lease, and is not obligated to Dealer
to renew or renegotiate any underlying lease of
Premises, nor otherwise to keep Dealer in
possession, after such lease expires.
Dealer shall not knowingly engage in any
business or activity upon Premises whereby
underlying lease would be breached or could be
temfinated by Company's lessor.
3.04 SERVICE CHARGES AND UTILITIES'
3.05
a. Dealer shall directly pay sen, ice charges, fees,
and costs of telephone, water, gas, electricity,
heat, sewer, rubbish and snow removal, and
other such services and utilities delivered to or
used on Premises. If Company pays for any of
above, Dealer shall reimburse Company for
same upon demand.
PROHIBITIONS'
a. Dealer shall not sublet any portion of Premises.
3.06 CONDEMNATION
Should Premises, in whole or in part, be
condemned or otherwise taken pursuant to
power of eminent domain, Company may
terminate this Franchise at any time thereafter
upon notice to Dealer.
14
Dealer shall have no claim to any portion of a
condemnation award payable to Company
arising from any such tak'mg, or from damages
to Premises resulting therefrom; however,
Dealer raay be entitled to any separate award
payable to Dealer for taking of Dealer's
leasehold interest, loss of business opportunity,
or goodwill.
3.07 WARRANTY OF TITLE
Company makes no warranty of leasehold or title to
Premises or any part thereof, except that as of the
beginning date of this Franchise, Company is unaware
of any defect in title to Premises which would prevent
Company from granting possession to Dealer.
3.08 SURRENDER OR PREMISES
Dealer's use and possession of Premises
(inchid'mg all assignments by Dealer), shall end
as of effective date of termination, nonrenewal,
or cancellation of this Franchise, whereupon
Dealer shall immediately surrender, quit, and
return possession of Premises to Company.
Notice and demand to quit and for possession
and re-entry by Company are waived.
Should Dealer fail to surrender, quit and return
possession of Premises to Company at end of
this Franchise, Company shall have the right to
enter upon Premises and evict Dealer therefrom
for purposes of repossessing same without
having liability to Dealer for trespass or damage
by reason of such re-entty and eviction.
In addition to Company's rights to re-entry and
eviction, Company may detain and take
possession of all property belonging to Dealer
and others found on Premises for unpaid rent,
and may sell or otherwise dispose of such
property in accordance with applicable laws,
without liability to Dealer by reason of such
action. Subject to the foregoing, Dealer shall
remove all of Dealer's personal property from
Premises at end of Franchise, and any property
left or found upon Premises, ten (10) days' after
Dealer has been requested to remove same, may
be removed, stored, or disposed of by Company
without liability to Dealer for value, loss or
damage thereto occasioned by such removal,
storage or disposition. Costs incurred by
Company for removal, storage and disposition
of Dealer's property so left or found upon
Premises shall be borne by Dealer and paid to
Company.
Notwithstanding the foregoing, and without
wmving any of its fights to evict Dealer and re-
enter premises, which rights shall be continuing
and remain in full fome and effect from and
after the end of this Franchise, if Dealer remains
m possession of Premises for whatever reason
other than by virtue of a separate agreement in
writing signed by Company, then Company may
elect to treat Dealer as a tenant-at-will of
Premises, subject to the further right to
terminate such tenancy upon thirty (30) days
prior written notice to Dealer, and Dealer shall
be obligated to pay to Company, and Company
shall be entitled to collect from Dealer, rental
for said tenancy equal to one hundred fifty
(150%) percent of final monthly rental started
herein, or any amendment and ratification of
this Franchise, for each thirty (30) days' or part
thereof of said tenancy-at-will. Acceptance by
Company of rent for said tenancy-at-will, shall
in no way affect Company's right to immediate
possession of Premises, and shall not afford
Dealer any right of possession beyond
expiration date of this Franchise, and
Company's decision, failure or delay in evictmg
Dealer and re-entering Premises at end of this
Franchise shall not be treated or construed as a
renewal of this Franchise, which renewal cannot
be made except by written agreement for that
purpose signed by Company. If Dealer breaches
any terms, conditions or requirements of this
Franchise, Coiiipany is entitled to all rights and
remedies, legal and equitable, available to a
landlord under applicable law, including but not
limited to, any summary proceedings that may
be brought by a landlord for possession of real
property, including rights to terminate, cancel or
declare a foreclosure of this Franchise.
15
PART IV
COLLATERAL DEPOSIT PROVISIONS
4.01 FINANCIAL OBLIGATIONS
Dealer has undertaken, and intends to undertake
certain and varied financial obligations to Company,
whereby Dealer will become indebted to Company
from time to time for or on account of Premises and
Equipment rents and fees, motor fuels, kerosene,
related products and automotive equipment sold or
leased by Company to Dealer.
4.04 APPLICATION OF FUNDS
In the event of a default, Dealer hereby authorizes
Company to apply the Collateral Deposit to payment
of any obligation, indebtedness, liability or tax
outstanding of Dealer outstanding to and owing
Company. Company shall be the sole determiner of
disposition of the Collateral Deposit.
4.02 PAYMENT OF INDEBTEDNESS
In order to secure the prompt and full payment of the
financial obligations, Dealer has deposited with
Company cash or furnished an Irrevocable Letter of
Credit pursuant to Section 2.04(b), at or before the
signing of this Franchise, and is bound to make future
deposits as required herein.
Dealer represents that all cash deposited or to be
deposited as listed in Section 1.05, is and/or
shall be free and discharged of all third party
claims, assigm-nents, trusts and legal processes.
Dealer shah pay to Company any indebtedness
or balance of indebtedness whatsoever, which
Dealer owes to Company, by reason of any
obligation now or hereafter undertaken by '
Dealer.
Said cash now deposited or to be deposited as
listed in Section 1.05, shall be held by Company
as one general continuing collateral security for
the discharge and payment of all or any part of
any present, past or future obligations,
indebtedness or liability of Dealer to Company.
4.03 COLLATERAL DEPOSIT
The amount of cash deposited for the Collateral
Deposit may be changed, substituted, reduced or
increased at any time by the Company.
4.05
4.06
DISPOSITION OF COLLATERAL SECURITY
Company's disposition of said Collateral Deposit
shall not release Dealer from any obligations
contained in Dealer's contractual relationship with
Company. If at any time Dealer shall be in default of
any requirements of this Franchise, Company in
addition to any other remedy, shall have the right (but
not the obligation) to correct said default and apply
the Collateral Deposit to payment of any cost or
expense.
Immediately upon application of such amount by
Company, Dealer shah pay cash to Company in an
mount equal to that portion so applied so as to
restore said Collateral Deposit to the amount set forth
herein.
INTEREST
~ompany shall pay to Dealer at time periods
~etermined by Company, interest on Dealer's
Collateral Deposit, at rates to be determined by
Company in its sole discretion or by applicable law.
4.07 CONCLUSION OF FRANCHISE
At the end of this Franchise, including payment of all
indebtedness and liabilities due or payable to
Company by Dealer, Company shall return to Dealer
the remaining balance unless a new Franchise is
signed by both parties. Company may withhold a
portion of the collateral until a reasonable time for
credit card chargebacks has passed, not to exceed
twenty-four (24) months.
16
PART V
CREDIT AND DEBIT CARD ACCEPTANCE PROVISIONS
5.01 CREDIT AND DEBIT CARD SALES
Dealer is hereby authorized to honor credit cards
issued by Company, and such bank, travel,
entertainment, and other credit and debit cards (all of
which are hereafter called "Credit Card") as may be
offered by or through Company, for purposes of
making retail card sales to Dealer's customers for
authorized motor fuel and other authorized products
and services. Company shall be an assignee of such
card sales, with recourse against Dealer.
5.02 ACCEPTANCE OF CARD SALES
Company agrees to accept Credit Card sales for
the purchase of authorized products sold and
services solely in conjunction with the operation
by Dealer of a Sunoco franchise under
Company's brand identification, subject to the
following conditions:
(1) All card sales must be made in compliance
with the Credit Card Sales Guide or other
vaitten instructions supplied by or through
Company, and Dealer acknowledges receipt of
said instructions.
(2) Company may amend in writing the Credit
Card Sales Guide or other written instructions,
and Dealer shah be bound by such amendments
upon delivery of same to Dealer.
(3) Company may upon notice to Dealer,
cease to accept one or more types of card sales,
or refuse to accept Credit Card sales from
Dealer, without having liability to Dealer.
(4) Company may refuse to accept any Credit
Card sale prepared using equipment that does
not perform to the level required by Company.
(5) Dealer's personal Credit Card shall not be
used for any purchase or other transaction at
Dealer's business.
(6) Dealer accepts responsibility for
maintaining legible copies of assignments and
sales tickets for a period of not less than six (6)
months from date of submission to Company. If
Company fails to receive or misplaces submitted
Credit Card sales, Dealer may be requested to
provide such copies. Also, if necessary to
confirm validity of any sale, Company may
require Dealer to provide copies of
electronically-processed card sales. Failure m
provide requested copies within twelve (12)
days may result in chargebacks to Dealer for
such Credit Card sales. Existence of signed
receipt from Company to Dealer will not relieve
Dealer of such responsibilities.
(7) After assignment to Company of valid
Credit Card sales in compliance with written
instructions, Company or its designated third
party shah pay Dealer the face amount thereof,
less applicable discounts, corrections, and
charges then in effect, if any, as determined by
Company. Company shall have the right to
impose, eliminate and change amounts and rates
of discounts and charges at any time upon notice
to Dealer. Company may, at its option, and in
lieu of payment to Dealer, apply face amount of
Credit Card sales accepted by Company, less
applicable discounts, corrections and charges to
Dealer's account with Company for accounting
convenience.
5.03 COLLECTION CARD SALES
Upon acceptance by Company of Credit Card sales as
above provided, Company may proceed to collect or
transfer for collection from Dealer's customers, face
amount of such Credit Card sales. Company reserves
the fight to charge back to Dealer any Credit Card
transaction for which the customer disputes or refuses
to pay because of dissatisfaction with price,
workmanship, materials or allegations of deceptive or
unethical practices in the transaction. Such disputes
are to be promptly resolved between Dealer and
Customer.
5.04 REJECTION OF CARD SALES
Company may at any time reject Credit Card sales, if
such sales do not comply with the Credit Card Sales
Guide and/or other written instructions, and
Company, or its transferee, does not fully collect
same from Dealer's customers. Upon return to Dealer
of uncollected Credit Card sales, DEALER SHALL
IMMEDIATELY PAY COMPANY THIS
UNCOLLECTED AMOUNT, plus any expenses,
costs or fees incurred by Company in connection with
said Credit Card sales, or Company may charge
Dealer's account therefor.
17
5.05
REPRESENTATIONS AND
IDEMNIFICATIONS
Dealer represents to Company and to its transferees
that all Credit Card sales assigned to Company will
represent actual authorized sales of products and
authorized services to Dealer's customers free of
dispute in the manner and to the extent set forth in
said Credit Card sales. Dealer hereby exonerates,
indemnifies, and holds harmless Company, and its
transferees, of and from all claims, demands and
actions brought by Dealer's customers for alleged
losses and damages relating to products sold, and/or
services performed by Dealer, and Dealer agrees to
reimburse Company and its transferees, upon demand,
for all costs, expenses, settlements, i'mes, judgments
and attorney fees by reason of such claims, demands
and actions.
5.06 REMEDIES OF COMPANY
Company may suspend its acceptance of Credit Card
sales in addition to all other rights provided by law
and by this Franchise, without having liability to
Dealer, when Company reasonably believes that the
Credit Card Sales Guide and/or Company's other
written instructions are not being complied with by
Dealer, or when Company receives notice ora levy of
execution on Credit Card sales from a court or
governmental agency.
5.07
ASSIGNMENT OF CARD SALES TO THIRD
PARTY
Company may arrange with a third party, such as a
bank, to accept the direct assignment of certain Credit
Card transactions, and/or for such third party to
reimburse Dealer directly. In this case, the word
"Company", when used in this part, also means such
authorized third party.
18
PART VI
MAINTENANCE PROVISIONS
6.01
MAINTENANCE OF PREMISES AND
EQUIPMENT
Dealer, being in possession and control of
Equipment and Premises, has primary
responsibility to keep and maintain same in
good order and condition at all times.
Dealer is responsible for informing Company in
a timely manner of any Equipment failure, and
of any need for repair or replacement of
Equipment or Premises, as stated herein.
Company reserves die right, following proper
notification by Dealer, to deten'nine whether a
need for repair or replacement of Equipment or
Premises exists.
Notification by Dealer to Company of a need for
repair, and ass~maption by Company of
responsibility for repair, shall not relieve Dealer
of any liability incurred to third parties,
including Dealer's employees, customers,
invitees and the general public, because of a
state of disrepair.
Dealer is responsible for any and all damage to
Company's Equipment and Premises, including
that caused by third parties; Dealer must repair
or replace any Equipment, buildings and fLxtures
at the Premises so damages. Company reserves
the right to determine how best to repair or
replace damaged Equipment or Premises, and
may require Dealer to follow its directions as to
proper repair and/or replacement. Should
Dealer not comply with Coml~any's directions,
Company or its agents may repair or replace
damaged property to its standards, costs of
which will be billed to and paid by Dealer.
Dealer will submit to Company a completed
Damage Report, in the event of any damage to
Company's Equipment or Premises, which must
includes names of persons involved, date, time,
names of witnesses, names of insurance
companies, and nature and extent of damages.
go
Company will make diligent efforts to recover
costs of repair or replacement from persons
liable for damages to its Equipment or Premises,
and will reimburse Dealer for any costs so
recovered, but Dealer retains primary
responsibility, as stated above.
Company reserves the right, without liability to
Dealer, to change these Maintenance Provisions
at any time, upon giving Dealer thirty (30) days'
prior written notice of such change.
6.02 DEALER MAINTENANCE RESPONSIBILITY
SCI~EDULE
The following schedule specifies whether the Dealer or
Company is responsible for repairing, maintaining and/or
replacing the listed items:
Company's responsibility for repairs to or replacement of
the designated items listed below is limited to repairs
resulting from normal wear and tear and not from Dealer's
negligence or Dealer's failure to keep and maintain same in
good order and condition at all times or repairs necessitated
by damages caused by Dealer's employees, customers,
invitees, vandals or any other parties.
19
DEALER MAINTENANCE RESPONSIBILITY SCHEDULE
MAINTENANCE PROVISIONS
Item
Structure. B,_;i!dlnes. Canopies & Kiosks
Structural Steel, foundations, masonry
and framework
Roofing & Flashing
Smoke detector & sprinkler system for
fire control
Glass
Overhead & normal doors
Painting
' Gutters & downspouts
Concrete & tile floor
Heating. Venting & Air Conditionine
HVAC Equipment
Wall and window mounted heaters, air-
conditioners.
Sunoco Dealer/Franchise~
Repair or Replace
Repair or Replace
Repair or Replace
None
Replace complete doors with new doors
and hardware. Repair, replace and adjust
overhead door springs.
Periodic repainting of buildings, kiosk
and canopies. Sunoco will also provide
paint for touch-ups.
Repair or Replace
Repair or replace deteriorated floors
Responsible for major repairs and
replacements. Major repairs are defined
generally as those over $100. For
example, the repair and/or replacement
of compressors, condensers, evaporator
coils, blower motion, heat exchangers,
burners, etc.
None
None
None
Periodic testing in.~pections and
operational costs.
Replace all broken or cracked glass in
doors and windows. Clean up broken
glass. Place warning signs and secure
area until glass is replaced.
Maintain door hardware including
handles, hinges, closures and thresholds.
Replace lost keys and change locks as
required.
Touch-up paint.
Maintain clean and clear of any blockage.
Maintain clean and clear of obstacles.
Notify Sunoco of any potentially
hazardous holes, cracks or spalled
sections.
Must carry a maintenance contract which
provides for general upkeep including
cleaning condenser and evaporator coils,
lubrication of motors and moving paris,
unit efficiency adjustments, belt
replacements, etc. Maintenance contract
must require at least one service call
every six months. Also responsible for
regular filter changes and for minor
repairs, defined as those under $100.
Repairs over $100 must receive
authorization from Sunoco Maintenance
before work is performed.
Repair or replace.
20
DEALER MAINTENANCE RESPONSIBILITY SCHEDULE
MAINTENANCE PROVISIONS
Item
Refrigeration Systems
Walk-in Coolers and walk-in freezers
All other coolers/freezers
Rest Rooms
Plumbine
Water Heater
Wash bowls, sinks, toilet fixtures, urinals
& miscellaneous furnishings
Sewer system, septic tank, cesspool
Fixture drains, floor drains and sewer
lines
Water systems
Sumps, grease traps and oil/water
separators
Electrical/Electronic
Interior fixtures and illuminated signs
Electronic equipment including credit
card pump control and data processing
Sunoco Dealer/Franchisee
Responsible for major repairs and
replacements. Major repairs are defined
generally as those over $100. For
example, repair and/or replacements of
compressors, condensers, evaporator
coils, etc. exchangers, burners, etc.
None
None
Repair or Replace
Replace only when part of a capital
improvement program.
Repair or Replace
Repair or Replace
Repair or replace leaking, settled or
deteriorated systems.
Repair or replace
Repair or replace defective switches,
outlets, transformer, wiring, conduits,
panel boards, lighting fixtures, ballasts
and circuit breakers.
Repair or Replace
(unless owned by Dealer)
Must carry a maintenance contract which
provides for general upkeep including
cleaning condenser and evaporator coils,
lubrication of motors and moving parts,
unit efficiency adjustments, belt
replacements, etc. Maintenance Contract
must require at least one service call
every six months. Also responsible for
regular ~ter changes and for minor
repairs, defined as those under $100.
Repairs over $100 must receive
authorization from Sunoco Maintenance
before work is performed.
Repair or replace.
Must ensure clean, sanitary, fully stocked
and fully functional res~'ooms available
for customer's use.
None
Repair or replace (includes faucets,
valves, toilet seats, soap dispensers,
mirrors, towel dispensers, toilet tissue
holders, etc.).
All cleaning, pumping and disposal costs.
Clean drains and sewer lines and repair,
including plugged lines.
Repair or replace hoses, faucets, valves
and fittings.
Periodic cleaning, pumping and disposal.
Replace lamps and tubes, replace fuses,
reset all circuit breakers and report short
circuits, power surges, disruptions or
overloads to Sunoco.
Comply with all operating requirements
of the equipment and systems in
accordance with Sunoco contracts and
manufacturers recommendations. Furnish
and charge all consumables including
ribbons and printer paper. Notify Sunoco
of any alarms/failures.
21
DEALER MAINTENANCE RESPONSIBILITY SCHEDULE
MAINTENANCE PROVISIONS
Item Sunoco Dealer/Franchisee
Intercom Systems & Speakers
Tire air-dispenser
Air Compressor
Lifts and hoists
Shelving, gondolas, racks, pegboard
cabinets, counters and benches
Food store misc. equipment
Service Center misc. equipment
Safes
Fire Extinguisher
Cash drawers and Lazy Susan's
Sigt~a~e and Yard £~hts
Canopy Lights, Area and yard lights,
Trademark signage, miscellaneous
exterior illuminated signs
Permanent building fascia signs, pump
toppers and island lights
Exterior lights and electrical systems
Pump & Tank
Underground Tanks gasoline and other
product
Fire suppression equipment
Heating oil tanks, piping, and equipment
Repair or Replace
Repair or replace concrete pad, structural
mounting and underground conduits (air
or electric).
Repair or Replace
Repair or Replace
Repair or Replace
None
None
Replace
None
Replace
None
Repair or replace hoses, nozzles,
towers, meters and fittings.
Maintain oil levels, change oil, drain
water and secure belt guards.
Keep piston rings clean, safety lega
secure and paint lift heads. Lubrica~ #
necessary.
Clean and maintain.
Repair or Replace
Repair or Replace
Repair
Repair or Replace
Repair
Repair or Replace ~' None
Repair or Replace
Replace ballasts, transformers, wiring,
conduits and lighting fixtures. Replace
lamps and tubes if fixture is above 12 ft.
Repair or Replace
Repair or Replace
Repair or Replace
None
and report to Sunoco all outages,
circuits, power surges, dismptio~
overloads. Replace lamps and tu~:i
fixture is below 12 ft.
None
None
Remove contaminates.
22
DEALER MAINTENANCE RESPONSIBILITY SCHEDULE
MAINTENANCE PROVISIONS
Item Sunoco Dealer/Franchisee
Pump & Tank (Cont.)
Dispensers: gasoline and other product
Waste oil tanks, piping and equipment
Bulk oil tanks and dispensing systems
Fill caps, manholes and fittings
Yard
Driveways, walkways and dispenser
islands
Landscaping and plantings
Painting
Water sprinkler systems for irrigation
Fencing, guard rails, bumper posts
Repair or replace except nozzles and
filter changes. Sunoco to supply filters;
Repair or Replace
Repair or replace in accordance with
Sunoco's Bulk Oil Agreement.
Repair or Replace
Repair or Replace
Prone trees as required to prevent
structural, electrical and/or underground
damage caused by roots, limbs, etc. and
if needed to improve image and
visibility.
Periodic painting of poles. Sunoco will
also provide paint for touch-up and
curbs. Repair or Replace systems.
Repair or Replace systems.
Repair or replace unless damaged by
vandalism, dealer negligence or third
party accident where accident report is
incomplete or missing. Sunoco will also
provide paint for touch-up.
Furnish and install all nozzles. Replace
filters. Notify Sun immediately of any
other equipment failures includ'mg leaks,
spills and abnormally slow flow rotes. Ia
case of any potentially hazardous
condition, franchisee is to stop the use of
affected dispenser(s) including closing
emergency shut-off valves. Dispenser
keys must be on the premises and readily
available to all your employees.
Remove waste oil and contaminates from
operations.
Maintain and service in accordance with
Sunoco's Bulk Oil Agreement and
manufacturer's recommendations.
Keep fight and free of water, snow, ice
and dirt.
Keep clear and passable at all times.
Maintain free of grease, ice, snow or
other substances. Notify Sunoco
immediately of hazardous situations,
· including holes, cracks and spalling.
Protect customers from hazardous
situations until Sunoco makes repairs.
Mow lawns, trim shrubs and remove
weeds. Keep greenery consistent with
Sunoco's image.
Touch-up paint on poles and periodic
painting of curbs.
Repair or replace all hoses, nozzles and
fittings. Also responsible for
winterization and spring start-up.
Clean and touch-up paint.
23
PART VII
DAILY RECORDKEEPING PROVISIONS
INVENTORY CONTROL AND LEAK DETECTION
7.01 COMPLIANCE WITH UST LAWS
Dealer shall comply with all laws, roles, regulations
and orders now or hereinafter in effect, relative to
storing motor fuels, kerosene and other petroleum
products ("Products"), on Premises, which require
Dealer to maintain and reconcile accurate inventory
records of Dealer's underground storage of Products
and to monitor, to detect leaks from such UST's and
lines as early as possible.
a. Dealer shall, on a Daily Basis:
(1) Calculate and record each Product's
physical inventory to the nearest one-eighth
(1/8) inch by carefully gauging its UST System.
This includes checking each UST for water
accumulation with water finding paste and
immediately deterroining each Product's book
inventory by recording meter readings of all
product dispenser Totalizers, deliveries and
other uses.
(2) Reconcile each Product's book to physical
inventory, figuring gains and losses, so that
trends are readily dispensed. (Simply recording
dispensing equipment meter readings and
Product deliveries is not acceptable.)
(3) Keep UST fills and gauge boxes free of
ice, snow, water and parked vehicles at all times
and ensure that all UST caps and fittings are
securely replaced after removal.
(4) On an "as needed basis" maintain the
appropriate API color coding system for each
fill box.
b. Dealer shall:
(1) Reconcile by Product, cumulative meter
readings (book) to tank gauging (physical and
electronic) weekly and monthly in an accounting
manner acceptable to Company, to establish
inventory variations and trends.
(2) Gauge each UST for water accumulation a
minimum of once each week with a dipstick
using water-finding paste (or daily if done
electronically), and notify Company
immediately if one (1) inch or more of water is
present in any UST, and immediately stop
selling product to the public if two (2) inches or
more of water is present in any UST. No further
product deliveries will be made by Company
until water is removed.
(3) Ensure that all Product dispenser
mechanical totalizers are working and dispenser
meters are calibrated correctly, as required by
law.
(4) Notify Company in!mediately in the event
Product inventory reconciliation indicates an
abnormal Product quantity difference, and
confn-m such notification in writing with full
details within seven (7) days.
(a) An "abnormal" Product quantity
difference is defined herein as the lesser of
the following:
(i) Disparities in monthly
reconciliations greater than 1 percent
(1%) of an UST's Product flow-
through plus 130 gallons, (or such
other amount as specified by
applicable state or other law).
(ii) Any significant change or
variation in the trend of daily
reconciliation differences.
(5) Maintain Product and Leak Detection
records at Premises for a period of three (3)
years, or as required by law. Allow Company
and local, state or federal enforcing authorities,
during normal business hours, to inspect
Dealer's Product records and to monitor
compliance with this provision, if there is cause
to believe there may be a UST leak or Product
contamination.
(6) Conduct and monitor any leak detection
system utilized and/or installed on Premises, as
required by law or by Company, and monitor
Premises for traces of petroleum by sight and by
smell in the event any such leak detection
system indicates the possibility of a release.
(7) Submit any inventory control and leak
detection reports and records as required by law
or by the Company, and within the time frame
required by law or by the Company.
(8) Report immediately to Company all
broken UST caps and fittings.
24
(9) Inform Company, in a timely manner, of
any dispensing equipment failure.
Dealer shall be solely liable for all related costs,
Product losses, claims, customer complaints, and
damage to personal and real property should Dealer
fail to comply with these provisions. Additionally, if,
after written notice from Company, any inventory
control and leak detection reports and records are not
provided within the time set forth in the notice,
Company may immediately suspend deliveries of
motor fuel to Dealer until such reports are records are
received by Company.
25
PART VIII
SUNOCO 1-K AND SUPER 1-K
KEROSENE PROVISIONS
Consistent with provisions of applicable parts of this
Franchise, Conipany hereby agrees to make available for
sale Conipany's Sunoco I-K and Super loK ("kerosene") to
Dealer, and Dealer will resell said I-K and Super 1-K to the
public from Premises.
8.01
MAINTENANCE OF 1-K AND SUPER 1-K
QUALITY AND BRAND
Kerosene dispensed from Equipment bearing
Company's Kerosene brand identification shall
be purchased from and delivered by Company.
Dealer may not remove, alter or debrand
Company's brand identification or dispensing
Equipment supplied by Company.
(1) "Kerosene" means kerosene manufactured
or supplied by Company and delivered by
Company to Dealer for purposes of resale to the
public through dispensing Equipment bearing
Company's brand identification. Company shall
be the sole determiner of specifications, grades,
types and sources of Kerosene.
(2) Company reserves the right, exercisable as
and when Company may determine, to alter
(which includes the right to add to, reduce,
discontinue, modify or othen~rise change, as
Company from time to time may determine and
implemen0 the number, quality, grade, type,
composition, color and specifications of
Kerosene; to alter Dealer's dispensing and
storage equipment used in connection with
Kerosene, and to alter or withdraw Dealer's
right to use company's Kerosene brand
identification, all without liabihty to Dealer for
losses and damages resulting therefrom,
excepting only losses and damages occasioned
by Company's negligence.
(3) Dealer shall comply with all roles,
procedures and instructions established by
Company for receiving, storing, offering for
sale, selling and delivering Kerosene. All such
roles, procedures and instructions including
kerosene safety measures shall be deemed a part
of these provisions and may be amended or
terminated at any time and by notification to
Dealer·
b. Dealer shall not mix, blend, commingle or
adulterate Kerosene with any other kerosene or
substance.
o
c. Dealer shall not accept or honor Company's
credit cards for the purchase of kerosene other
than Kerosene, nor shall Dealer engage in any
activity in connection v~ith Dealer's business
whereby the public is, or could be, deceived,
confused or misled with respe& to brands,
sources or types of kerosene sold by Dealer.
8.02 EQUIPMENT
Dealer shall keep clear and legible the trademarks,
trade dress, trade name, emblems, insignia and colors
of Company's Equipment and shall use same only for
storing, advertising, selling and dispensing Kerosene
and, shall maintain same in as good order and
condition as when installed, and shah return same to
Company in good order and condition, reasonable
wear and tear excepted.
8.03 DEALER'S RESPONSIBILITY TO PUBLIC
Dealer shall caution and warn customers
concerning potential hazards related to
transportation, storage and use of kerosene.
This includes, but is not limited to, Dealer and
Dealer's employees advising customers to
carefully read all operating instructions of any
heater before fueling with Kerosene. Dealer
shall affix to customer's kerosene containers
written caution stickers with each Kerosene sale
where such stickers are not already affmed to
the kerosene containers. Company will provide
Dealer with a supply of caution stickers.
Dealer shall not mix, blend or adulterate
Kerosene with any other substance or product,
including kerosene acquired from sources other
than Company.
Company may, from time to time, require and
Dealer shall promptly provide verification that
Dealer is complying with requirement of this
section.
26
8.04 HAZARDOUS SUBSTANCE
Dealer is hereby warned that materials used to
produce Kerosene covered herein are cmde oil
or by-products of crude oils containing, or
which may be found to contain, substances
hazardous to the health and safety of persons
and property.
Dealer shall maintain and observe all applicable
health and safety warnings, procedures,
standards, roles and regulations in connection
with, and as part of, Dealer's possession, use,
processing, handling, testing, storage, shipment
and resale of said Kerosene.
8.06 TERMINATION
Should Dealer fail to substantially comply with, or
should Dealer violate any material provision of this
Part, Company shall have the right effective with
thirty (30) days' prior written notice to Dealer, to
terminate Dealer's Kerosene sales relationship.
Termination of Part VIII shall have no effect on other
Parts of this Franchise.
8.05 INDEMNIFICATION
In addition to provisions contained in Part II, Section
2.12 of this Franchise, Dealer, being in possession of
the Premises and being solely responsible for all sales
of kerosene to the public, shall protect, indemnify and
save harmless Company of and from all claims, losses
and damages for injury (including death) to any
person who purchases, transports, stores and/or uses
kerosene pumhased or otherwise acquired from
Dealer and from any claims, losses and damages to
the person and property (including death) of Dealer,
Dealer's employees, customers, invitees and other
persons caused by or resulting in any way from the
events specified in Part II, Section 2.12 and damages
and injury (including disease and death) to persons
and property based in whole or in part upon the
hazardous nature of kerosene or any hazardous
substances associated with kerosene, where such
damage or inju~ occurs or originates in connection
with, is caused by, or results from Dealer's receipt,
possession, use, handling, testing, storage or resale of
kerosene covered by these provisions.
27
PART IX
ULTRA SERVICE CENTER PROVISIONS
Consistent with provisions of applicable Parts of this
Franchise, Company hereby authorizes Dealer to provide the
motoring public with warranted automotive service and
repair work by certified mechanics under Company's
ULTRA SERVICE CENTER ("USC") mark at Premises
specified herein. This USC System ("System"), developed
by Company encompasses specific methods, standards and
requirements of operation, as specified herein, with which
Dealer must comply.
9.01 SYSTEM IDENTITY
Company shall furnish and install at and around
Premises such equipment, materials, signs, markings,
posters, banners, symbols, emblems, and the like
("System Identity"), as specified herein, as
appropriate and necessary for identification, operation
and promotion of System at Premises. Company
may, during term hereof, alter, enhance, discontinue
or reduce such Equipment and materials used for
System Identity, as Company deems appropriate,
based on business conditions, competition, and
economic environment. Such System Identity is and
will remain Company's property. Dealer will use
System Identity solely and exclusively in connection
with, and in promotion of Company's System, and
shall not alter or modify it in any way without prior
written authorization by Company. Dealer, being in
possession and control of said System Identity,
provided hereunder by Company, has full
responsibility to keep and maintain same in good
order and condition during Term of this Franchise.
9.02 PREMISES ALTERATIONS
In the event Premises are a "New Location",
that is not currently operated as a USC,
Company reserves the right at its option and
expense to make modifications and alterations
necessary to change Premises to a USC at any
time during Term of this Franchise consistent
with requirements of Part I. Company's fight to
alter specifically includes, without limitation,
the fight to eliminate, change, or add physical
structures, equipment and operating facilities at
Premises. Company's alteration of Premises for
USC operating facilities at Premises.
Company's alteration of Premises for USC
operation might cause temporary disruption of
Dealer's business, and Company will provide
Dealer with prior written notice of its
modification date. Thereafter, Company shall
provide Dealer notification of beginning date of
System operation at Premises, and Dealer shall
Company with all requirements of System,
including but not limited to Dealer successfully
completing all required training and providing
personnel that meet ASE certified mechanic
requirements.
On an ongoing basis, Company shall have the
fight, at its option and expense, to make minor
alterations or modifications in or to building or
other improvements at l~remises deemed
necessary or desirable by Company to facilitate
improvements of System oper~ion.
9.03 FEES/PAYMENTS
Dealer in consideration of the use of the Ultra
Service Center service mark, System manual
and materials, and for advertising and
promotional services which will be provided by
Company during term hereof, shall pay the
System fees to Company as specified in Part I.
In addition, should Dealer sell or assign
Dealer's business, such sale or assignment shall
be consistent with all requirements of this
F~;anchise and a Changeover Fee being paid to
Company's by Dealer as specified as Part I.
Dealer may obtain specified service equipment
from any available source, provided it meets
Company's specification and requirements, as
contained in manual.
9.04 ~,. ULTRA SERVICE CENTER MANUAL AND
SYSTEM OPERATION
Dealer shall operate System at Premises
according to all requirements of this Franchise
and materials developed and/or purchased or
otherwise adopted and authorized by Company
for use in operation of System, including but not
limited to Personal Convenience Training
("PCT") as contained in Company's ULTRA
SERVICE CENTER MANUAL ("Manual"), a
copy of which shall be delivered to Dealer,
receipt of which shall be acknowledged by
Dealer. Manual sets forth procedures,
standards, methods and requirements for and
associated with operation of Dealer's business
and its contents are an integral and material part
of System. Dealer is required to adopt and
utilize exclusively Company's image and other
standards, policies, procedures, methods and
formulas as communicated to Dealer which may
be contained in Manual, and to manage
operation of Dealer's business, and to instruct
28
and train Dealer's employees in strict
accordance with contents of Manual. Company
shall from time to time monitor Dealer's
compliance with System's requirements.
Manual shall be txeated for all purposes as a part
of this Franchise. Company has, and retains the
right, exercisable at any time to add to, amend
and change contents of Manual, as Company
deems necessary or useful in order to maintain
the uniformity of, and to up-grade and improve,
System. All such additions, amendments and
changes shall be adopted by and be binding
upon Dealer, and shall become a part of this
Franchise, when delivered to Dealer. Manual
shall be and remain property of Company, and
shall not be reproduced, assigned, relinquished,
or used by Dealer for any purpose other than for
use with respect to System and Premises
covered by this Franchise. Dealer shall
promptly return Manual at end of franchise
relationship.
c. Certified Mechanic
Dealer shall employ and have on Premises at
least forty (40) hours per week during System
business hours including a minimum of five (5)
hours each Saturday at least one automobile
mechanic, certified by National Institute for
Automotive Service Excellence (A.S.E.).
Certified Mechanic shall also meet standards
and requirements of such state and local
regulatory bodies as may be necessary for
approval or licensing to operate or perform
services stated herein. As a minimum
requirement, certified mechanic must
demonstrate proficiency in the following areas
of automobile service and repair.
Engine Tune-up
Brake Overhaul
Air Conditioning and Heating
All above-listed automotive service and repair
work must either be performed or supervised
personally by a certified mechanic. Dealer shall
prominently and continuously display at
Premises all certificates, awards, notifications,
etc. relating to proficiency of certified
mechanic(s), and shall maintain same in good
and attractive condition. Should Dealer at any
time be unable to fulfill this certified mechanic
requirement, Dealer must immediately notify
Company, and must take all steps necessary to
regain compliance promptly.
d. Automotive Service and Repair
As a minimum requirement, Dealer shall
provide the following automotive service and
repairs at Premises:
Engine Tune-up
Complete Brake Repair
Air Conditioning Maintenance
Wheel Balancing
Oil Change and Lubrication
e. Service Equipment
In order to perform such services and repairs
properly, the following pieces of service
equipment are essential, at all times must be
available for use at Premises in good working
order and condition:
Diagnostic Engine Analyzer
Air Conditioning Service and
Charging Equipment
Computerized Wheel Balaneer
Tire Changer
Disc and Drum Brake Lathe
Battery Tester and Charger
Bulk Oil Tank
f. Written Estimates
Before any automotive work is begun on
customer's vehicle, Dealer shall prepare a
written ULTRA SERVICE CENTER Work
Order, in accordance with System, for all
service and repair work (hereinafter referred to
as "Work"), including estimate of cost. A copy
of ULTRA SERVICE CENTER Work Order
shall be given to customer, who must authorize
any additional Work or costs in estimates in
person or by telephone, whenever written cost
will be exceeded. Unless such authorization is
obtained, customers may not be charged for
costs in excess of those specified in estimate.
g. Return of Replaced Parts
All parts replaced by service or maintenance
Work, (except those returned to parts supplier
for credit), will be returned to customer.
Customer may request that parts not be returned
to supplier for credit, and such fact shall be
noted on ULTRA SERVICE CENTER Work
Order. In such case, customer's subsequent
right to return parts for credit is thereby waived.
Repair parts not listed on Customer's original
29
estimate shall be bitted to customer only ii extra
c~stomer as provt '
Ultra Service Center
alt automotive service and
_ . shallwanmnt .._.._~as agaiust
Work, whicheV~ '
a detailed ULTRA .
. * ,- ,.~ each custoro.er _ ,-,..,a,~- reoaiI invotcc,
which has pl~Itt ~e~_ o.~n of ~ULTRA SERVICI5
wam~ . r~T~D W~' ' '-:-ltv simila~
form, which mus~
-. le aw, and,aach" ...t be of
's~h wanan~ snm~ u~ -~ f~c~l, s~te
as ~ ~ requ~d b~ ~hcable
or Iocallaw, o~cel
· ' ' 1 ora~five ~te~retaUOn,
by ~Y )u~c~ . ~;~a or ~mm law,
~i~ce~ ~laao~
Appe~Ce ~d Cie
. 's System
Dealer s~B comply ~& Co~Y
s~ ~la~g to nearness, o~d~, p~so~el,
~o~ ~d ~ge, so ~ ~ es~bhsh and
pres~e &e ~blic's ~ce, pa~o~e of,
and covalence ~ Sys~ for ~nefit of Dealer
and Co~Y-
Resolu~on of C~tom~ Compl~
~ order to p~se~e ~stom~ co~d~ce
and to ~e ~tomer complain,
System, -
Deal~ sha~ op~te Syst~ m a sold
bus~sl~e ~er,
~y ~ak or d~five ac~ or practices. Dealer
s~ll re~ond ~o~tly ~d ~litely to customer
or co~la~ received ~ co~ecfion
inqu~es
~& Work ~ed on PreSses, by
s~e ~ a ~ely f~hion, ~d if Work ~volved
is covered by W~, Dealer shall eider
pe~o~ Work ag~ at not cost to c~tomer, or
s~II ~fand ofig~l cost of Work, ~ provided
~ W~. ~Dealer dete~es t~t problem
is not cove~d bY Wa~, Dealer shall so
adv~e c~to~r of such dete~afion, and if
custom~ a~ees, shall diligently unde~ke to
r~olve probl~ to c~tomer's satisfaction at
reasonable c~t to ~tomer. If customer
, - terminatiOn, a ~ispute
· thDealer s de. _~.n ~e deemed to
disagrees w~.itration l~e~em ~"-
exist.
A~bi~afion o[ Disputes
k. . ..... ai~ute ~ a customer
D a~g Wo~ pet ..... ~- coverage o~ o~er
p~ovided h~e~. Such abi~°n s~ll ~ m
acco~nce'wi~ ~[o~ ~es of ~e
B~ess Bu~ean, (o~ o~e~ co~ble
abi~fion org~fi°n)' togc2~ ~2
,,A~e~ent to ~i~' ~d "pledge m
: ,, con~~' All.
Arb,rote fo~ _~,.~.. ouicM ~ possible,
disputes ~e to~e s~[~ ~ ~
whe~er or not ~o1~ abi~on. Wi~
(40) ~' follow~ det~afi°u of eac~
fo~ '
dispute sub~ to ~e Be~r Bmmess B~eau
~d reg~less of whe~ ~e~ is resolved
foully or ~o~II~, Deak~ sh~l sub~t to
Comply a b~ef, ~u s~ of ~e
ckc~CeS ~ ~esolufiou of each such
d~ute.
9.05 UL~ SER~CE CENTE~WO~ O~ER
FO~S
Dealer shall ma~ a all ~es ~ a~q~le supl
my, ~d s~lt ufi~e such
avproved by ~ ~_:. ~.a s~ice wo~ provid
, g~ all automoUve ~ ~._,, ..~. at
or from ~' ~ s~u
, cd cigh~ (180) ~ys (or ~ch
at le~t one h~ .... ir~ by law) a copy of cvS'
pCd~ ~ ~y oe rcq-~
, ared by Dealer, ~d s~ ~
Work orde~ P~ ~ .~ ~ct ~d ~ePr~l
Company, u~n requcs~ tu
such issued
9.06 cUSTO~R ~oLLOW'~ SYS~M
ComPlY has d~elopcd a ~stomcr ~
a. System, (,,Co~uTmc~ Se~ice), ~ I
UL~ SERVICE CE~R Systc~
ComouTrac$ Se~icc pro.ecs salc~
~n~gemcnt r~, provides Dea~
custom'ed me.ods of m~g
sales specials, and ~ta~ c~to
Promotional activiW and adveffi*
b. utilized in conj~c~on with Cot
Se~ice arc tailored to each Ce~
Util~aion of CompuTrac$ S~
30
estimate shall be billed to customer only if extra
Work and costs involved were authorized by
customer as provided herein.
h. Ultra Service Center Warranty
Dealer shall warrant all automotive service and
repair work performed on Premises against
defects in material or workmanship for twelve
(12) months or 12,000 miles after conipletion of
Work, whichever first occurs. Dealer shall
furnish to each customer a detailed ULTRA
SERVICE CENTER Work Order repair invoice,
which has printed on its reverse side a limited
warranty in the form of "ULTRA SERVICE
CENTER LIMITED WARRANTY", as
contained in Manual, or in substantially similar
form, which must comply with requirements of
applicable law, and which must be prior-
approved by Company in writing. Terms of
such warranty shall be subject to such changes
as may be required by applicable federal, state
or local law, ordinance, regulation, or order, or
by any judicial or admini.qtrative interpretation,
or application of any existing or future law,
ordinance, regulation, or order.
i. Appearance and Cleanliness
Dealer shall comply with Company's System
standards relating to neatness, order, personnel,
uniforms and image, so as to establish and
preserve the public's acceptance, patronage of,
and confidence in System for benefit of Dealer
and Company.
j. Resolution of Customer Complaints
In order to preserve customer confidence in
System, and to minimize customer complaints,
Dealer shah operate System in a sound and
businesslike manner, and shall not engage in
any unfair or deceptive acts or practices. Dealer
shall respond promptly and politely to customer
inquiries or complaints received in connection
with Work performed on Premises, by analyzing
same in a timely fashion, and if Work involved
is covered by Warranty, Dealer shall either
perform Work again at not cost to customer, or
shall refund original cost of Work, as provided
in Warranty. If Dealer determines that problem
is not covered by Warranty, Dealer shall so
advise customer of such determination, and if
customer agrees, shall diligently undertake to
resolve problem to customer's satisfaction at
reasonable cost to customer. If customer
9.05
disagrees with Dealer's determination, a dispute
subject to arbitration herein shall be deemed to
exist.
k. Arbitration of Disputes
Dealer agrees that any dispute with a customer
regarding Work performed for customer
(whether relating to warranty coverage or other
aspects of Work) which cannot be resolved
promptly to satisfactiodof customer will, at
customer's option, be submitted to arbitration as
provided h .erein~ Such arbitration shall be in
accordance with uniform rules of the Better
Business Bureau, (or other comparable
arbitration organization), together with
"Agreement to .arbitrate". and "Pledge to
Arbitrate" forms contained in Manual. All
disputes are to be settled as quickly as possible,
whether or not involving arbitration. Within
forty (40) days' following determination of each
dispute submitted to the Better Business Bureau,
and regardless of whether matter is resolved
formally or informally, Dealer shall submit to
Company a brief, written summary of the
circumstances and resolution of each such
dispute.
ULTRA SERVICE CENTER WORK ORDER
FORMS
Dealer shall maintain at all times as adequate supply
ULTRA SERVICE CENTER Work Order forms as
approved by Company, and shall utilize such forms
for all automotive repair and service work provided at
or from Premises. Dealer shall retain at Premises for
at least one hundred eighty (180) days (or such longer
period as may be required by law) a copy of every
Work order prepared by Dealer, and shall permit
Company, upon request, to inspect and reproduce any
such issued forms.
9.06 CUSTOMER FOLLOW-UP SYSTEM
Company has developed a Customer Follow-Up
System, ("CompuTrac® Service), as part of its
ULTRA SERVICE CENTER System.
CompuTrac® Service produces sales and
management reports, provides Dealer with
customized methods of running promotions and
sales specials, and maintains customer records.
Promotional activity and advertised specials
utilized in conjunction with CompuTrac®
Service are tailored to each Center's need.
Utilization of CompuTrac® Service specials,
3O
and pricing of such specials are Dealer's sole
responsibility.
Charges for CompuTrac® Service are included
in System's monthly operating fee charged to
Dealer. The basic fee is established at a level
which is deemed appropriate for maintaining a
typical customer base and contact plan for
professional support of System. Enhancement
of Basic CompuTrac® Service will result in an
additional charge to Dealer to support such
enhancement.
Part IX is in force, Dealer's customer list and
customer records (the "Asset") which are an
integral part of Company's Customer Follow-up
System known as CompuTrac® shall be
included as an asset of the sale, txansfer or
assignment of Dealer's business. For the sole
purpose of the sale, transfer or assignment of
Dealer's business, if an assignment of this
Franchise is approved by Company consistent
with these provisions, Company grants Dealer
the right to sell, transfer, or assign said Asset, at
a price determined by Dealer, and to retain the
proceeds from such sale.
Upon the termination, cancellation, nonrenewal
or assignment of this Agreement, for any reason,
Company retains an interest in Dealer's
customer list and customer records provided to
Dealer under the Agreement as a service of
Company's Customer Follow-up System known
as CompuTrac®, and the administrator of the
CompuTrac® program may release Dealer's
customer list and customer records to Company
without liability to Dealer for breach of any
express or implied contract to maintain the
confidentiality of same.
9.07 ADVERTISING
System advertising features service and product
specials offered to motorists from time to time.
Dealer shall participate in said advertising by
promoting such services and products to Dealer's
customers. Dealer may decide not to participate in
such advertising by providing Company written
notice thereof, whereupon Company shall remove
Dealer's name from such advertising. Dealer shall
not employ any advertising or promotional material,
or make any advertising arrangements relating to
System, without Company's prior written approval.
9.08 CONFIDENTIALITY
Dealer shall not disclose to any third party any
information about operation of System, its concept,
features and inner workings. In addition, Dealer shall
not disparage, malign or criticize System, but will
instead encourage its use and promote the benefits of
automotive service and maintenance, as developed by
System. Dealer's use or display of ULTRA
SERVICE CENTER name, service mark, or other
identification of Company associated with System
(including such as may appear on ULTRA SERVICE
CENTER Work Orders or other supplies or
promotional materials purchased by Dealer) shall be
limited to Premises use or display, as is authorized by
Company herein, or otherwise in writing, and shall
not be continued after expiration or termination of
Franchise, in any case.
31
' Johfi~on, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attomeys for Defendant Bests Ultra Service, Inc.
YVONNE MURRAY and
RICK MURRAY, Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC.,
SUNOCO, INC., DAVE SCO']-I' and
BRENNER CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS O
CUMBERLAND COUNTY, PENNSYLVAN
NO. 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
APPEARANCE
AND NOW, this ,~/'~'day of June, 2002, enter the appearance of C. ROY WEIDNER, JR., I.D. lC~
on behalf of Defendant Bests Ultra Service, Inc. in the above captioned suit.
:159007
5774-407
JOHNSON, DUFFLE, STEWART & WEIDNEF
By: ' ~
~30,
CERTIFICATE OF SERVICE
AND NOW, this ~d~ day of June, 2002, the undersigned does hereby certify that she did this~ate
serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposittd in
the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Irving L. Abramson, Esquire
One Harford Lane
Radnor, PA 19087
Sunoco, Inc.
1801 Market Street, Suite 1210
Philadelphia, PA 19103
Dave Scott
Brenner Chrysler Jeep, LLC
1812-1830 Paxton Street
Harrisburg, PA 17104
Brenner Chrysler Jeep, LLC
1812-1830 Paxton Street
Harrisburg, PA 17104
JOHNSON, DUFFLE, STEWART & WEIDNE[
Lori Richard
Johnson, Duffle, Stewart & Weidner
By: C. Roy W¢idner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant Bests Ultra Service, Inc.
YVONNE MURRAY and
RICK MURRAY, Wife and Husband,
Plaintiffs
Mo
BESTS ULTRA SERVICE, iNC.,
SUNOCO, iNC., DAVE SCO'I-I' and
BRENNER CHRYSLER JEEP, LLC,
Defendants
iN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO:
Yvonne Murray and Rick Murray
c/o Irving L. Abramson, Esquire
One Harford Lane
Radnor, PA 19087
Sunoco, inc.
1801 Market Street, Suite 1210
Philadelphia, PA 19103
Dave Scott
Brenner Chrysler Jeep, LLC
1812-1830 Paxton Street
Harrisburg, PA 17104
Brenner Chrysler Jeep, LLC
1812-1830 Paxton Street
Harrisburg, PA 17104
AND NOW, this ~C~'day of June, 2002, you are hereby notified to plead responsively within twenty
(20) days of the date of service hereof, or judgment may be entered against you.
: 159770
5774-407
3ohnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant Bests Ultra Service, Inc.
YVONNE MURRAY and
RICK MURRAY, Wife and Husband,
Plaintiffs
V.
BESTS ULTRA SERVICE, INC.,
SUNOCO, INC., DAVE SCO'UI' and
3RENNER CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER TO COMPLAINT
AND NOW, this ~day of June, 2002, comes Defendant Bests Ultra Service, Inc. (hereinafter
"Bests"), through its undersigned attorneys, and answers Plaintiffs' complaint as follows:
1. Denied. After a reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of these averments.
2. Admitted.
3.- 5. Denied. After a reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of these averments.
6. Denied. On the contrary, Bests was operating under a dealer franchise agreement with
Sunoco, Inc. (R & M).
7.- 9. Denied. After a reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of these averments.
10. Denied.
)leading is required.
11.
herein.
This averment is deemed denied as a conclusion of law to which no responsive
COUNT I
Yvonne Murray v. Bests Ultra Service Center, Inc.
Admitted in Part. Denied in Part. Paragraphs 1 - 10 hereof are incorporated by reference
12. Denied. After a reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of these averments.
13. - 16. Denied.
WHEREFORE, Defendant Bests demands that Plaintiffs' complaint against it be dismissed.
COUNT II
Yvonne Murray v. Sunoco, Inc.
17.-21. Denied. These averments are deemed denied as ones to which no responsive
pleading on the part of Defendant Bests is required.
WHEREFORE, Defendant Bests demands that Plaintiffs' complaint against it be dismissed.
COUNT III
Yvonne Murray v. Dave Scott
22.-26. Denied. These averments are deemed denied as ones to which no responsive
pleading on the part of Defendant Bests is required.
WHEREFORE, Defendant Bests demands that Plaintiffs' complaint against it be dismissed.
COUNT IV
Yvonne Murray v. Brenner Chrysler Jeep, LL C
27.- 31. Denied. These averments are deemed denied as ones to which no responsive
3leading on the part of Defendant Bests is required.
WHEREFORE, Defendant Bests demands that Plaintiffs' complaint against it be dismissed.
COUNT V
Rick Murray v. Bests Ultra Service Center, Inc.
32. Admitted in Part. Denied in Part. Paragraphs 1 - 31 hereof are incorporated by reference
herein.
33. Denied.
WHEREFORE, Defendant Bests demands that Plaintiffs' complaint against it be dismissed.
COUNT VI
Rick Murray v. Sunoco, Inc.
34.- 35. Denied. These averments are deemed denied as ones to which no responsive
pleading on the part of Defendant Bests is required.
WHEREFORE, Defendant Bests demands that Plaintiffs' complaint against it be dismissed.
COUNT VII
Rick Murray v. Dave Scott
36.- 37. Denied. These averments are deemed denied as ones to which no responsive
pleading on the part of Defendant Bests is required.
WHEREFORE, Defendant Bests demands that Plaintiffs' complaint against it be dismissed.
COUNT VIII
Rick Murray v. Brenner Chrysler Jeep, LLC
38.- 39. Denied. These averments are deemed denied as ones to which no responsive
3leading on the part of Defendant Bests is required.
WHEREFORE, Defendant Bests demands that Plaintiffs' complaint against it be dismissed.
CROSSCLAIMS PURSUANT TO PA. R.C.P. NO. 2252(d)
Bests Ultra Service, Inc. v. All Defendants
40. In the event that Plaintiffs were injured as complained of in their complaint, which is denied,
then Plaintiffs' injuries were the result of acts and omissions of Co-Defendants Sunoco, Inc., Dave Scott and
E~renner Chrysler Jeep, LLC as set forth in the averments of Plaintiffs' complaint against said Defendants,
which are incorporated for reference herein only, but neither admitted or denied, except as set forth above.
WHEREFORE, Defendant Bests Ultra Service, Inc. demands that Defendants Sunoco, Inc., Dave Scott
and Brenner Chrysler Jeep, LLC be found solely liable to Plaintiffs; that they be found jointly and severally
liable; or that they be found liable over for contribution and indemnification.
NEW MA TTER - MVFRL
41. Defendant Bests is entitled to the restrictions on Plaintiffs' ability to recover damages
led in the Motor Vehicle Financial Responsibility Law.
:159770
5774-407
WHEREFORE, Defendant Bests demands that Plaintiffs' complaint against it be dismissed.
By:~
VERIFICATION
The undersigned says that the facts set forth in the foregoing answer are true and correct. This
verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to
authorities.
BESTS ULTRA SERVICE CENTER, INC.
IV~ch~el Best
Dated:
CERTIFICATE OF SERVICE
AND NOW, this (~ay of June, 2002, the undersigned does hereby certify that
she
did
this
date
serve a copy of the foregoing answer upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Irving L. Abramson, Esquire
One Harford Lane
Radnor, PA 19087
Sunoco, Inc.
1801 Market Street, Suite 1210
Philadelphia, PA 19103
Dave Scott
Brenner Chrysler Jeep, LLC
1812-1830 Paxton Street
Harrisburg, PA 17104
Brenner Chrysler Jeep, LLC
1812-1830 Paxton Street
Harrisburg, PA 17104
JOHNSON, DUFFLE, STEWART & WEIDNER
IVI~R~N{~ Hagy v ~,/
YVONNE MURRAY and RICK MURRAY
Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSI JER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
To The Prothonotary of Cumberland County, Pennsylvania:
Please enter my appearance on behalf of Defendants, Dave Scott and Brenner Chrysler Jeep, LLC
in the above-captioned action.
Date:
Peters & Wasilefski
By: ~
2931 North Front Street
Harrisburg, PA 17110
717- 238-7555
Attorney for Defendants,
Dave Scott and
Brenner Chrysler Jeep, LLC
YVONNE MURRAY and RICK MURRAY :
Wife and Husband, :
pENNSYLVANIA
Plaintiffs :
BESTS ULTRA SERVICE, INC. SUNOCO, :
INC., DAVE SCOTT and BRENNER :
CHRYSLER JEEP, LLC, :
Defendants :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that a tree and correct copy of the foregoing Praecipe for Entry of
Appearance, has been served on all parties of interest by placing the same in the United States mail,
first-class postage pre-paid, at Harrisburg, Pennsylvania on this 27~ day of June, 2002, and
addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
15 North Front Street
Suite 203
Steelton, Pennsylvania 17113
Counsel for Bests Ultra Service, Inc.
Sunoco, Inc
1801 Market Street
Philadelphia, Pennsylvania 19103
Peters & Wasilefski
YVONNE MURRAY and RICK MURRAY :
Wife and Husband, :
PENNSYLVANIA
Plaintiffs :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
:
V.
:
BESTS ULTRA SERVICE, INC. SUNOCO, :
INC., DAVE SCOTT and BRENNER :
CHRYSI.ER JEEP, LLC, :
Defendants : JURY TRIAL DEMANDED
REPLY OF DEFENDANTS, DAVE SCOTT AND BRENNER CHRYSLER JEEP, LLC
TO NEW MATTER PURSUANT TO Pa. R.C.P. 2252(d) OF
DEFENDANT, BESTS ULTRA SERVICE, INC.
AND NOW, come Defendants, Dave Scott and Brenner Chrysler Jeep, !.! C ("Answering
Defendants"), by and through their attorneys, Peters & Wasilefski and reply to the New Matter
Pursuant to Pa. R.C.P. 2252(d) of Defendant, Bests Ultra Service, Inc. as follows:
40. Denied. Answering Defendants are advised by counsel and therefore aver that said
allegations stated conclusions of law to which no response is required under the Pennsylvania Rules
of Civil Procedure. To the extem that a response may be required, said allegations are specifically
denied in accordance with Pa. R.C.P. 1029(e).
WHEREFORE, Answering Defendants demand that judgment be entered in their favor and
against all other parties to this action.
Peters & Wasilefski
_A_tt_omey I1~g52/6~
2931 North Front Street
Harrisburg, PA 17110
717- 238-7555
Attorney for Defendants,
Dave Scott and
Brenner Chrysler Jeep, LLC
VERIFICATION
I hereby affirm that the following facts are correct:
I am a representative of the Defendant and am authorized to make this Verification;
the attached Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Reply to New Matter
Pursuant to Pa. R.C.P. 2252(d) is based upon information which I have furnished to my counsel and
information which has been gathered by my counsel in the preparation of the lawsuit. The language
of the Defendants, Dave Scott and Brenner Chrysler Jeep, l.l~'s Reply to New Matter Pursuant to
Pa. R.C.P. 2252(d) is that of counsel and not of me. I have read the Defendants, Dave Scott and
Brenner Chrysler Jeep, LLC's Reply to New Matter Pursuant to Pa. R.C.P. 2252(d) and to the extent
that the same is based upon information which I have given to my counsel, it is tree and correct to the
best of my knowledge, information and belief. To the extent that the content of the Defendants,
Dave Scott and Brenner Chrysler Jeep, LLC's Reply to New Matter Pursuant to Pa. R.C.P. 2252(d) is
that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that
the facts set forth in the Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Reply to New
Matter Pursuant to Pa. R.C.P. 2252(d) are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
Dave Scott
Date:
VERIFICATION
I hereby affirm that the following facts are correct:
I am a representative of the Defendant and am authorized to make this Verification;
the attached Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Reply to New Matter
Pursuant to Pa. R.C.P. 2252(d) is based upon information which I have furnished to my counsel and
information which has been gathered by my counsel in the preparation of the lawsuit. The language
of the Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Reply to New Matter Pursuant to
Pa. R.C.P. 2252(d) is that of counsel and not of me. I have read the Defendants, Dave Scott and
Brenner Chrysler Jeep, LLC's Reply to New Matter Pursuant to Pa. R.C.P. 2252(d) and to the extent
that the same is based upon information which I have given to my counsel, it is tree and correct to the
best of my knowledge, information and belief. To the extent that the coment of the Defendants,
Dave Scott and Brenner Chrysler Jeep, LLC's Reply to New Matter Pursuant to Pa. R.C.P. 2252(d) is
that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that
the facts set forth in the Defendants, Dave Scott and Brenner Chrysler Jeep, lJ.C's Reply to New
Matter Pursuant to Pa. R.C.P. 2252(d) are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
for Brenner Chrysler Jeep,'~[LC
Date:
YVONNE MURRAY and RICK MURRAY :
Wife and Husband, :
Plaintiffs :
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PI JF~AS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Reply of Defendants, Dave
Scott and Brenner Chrysler Jeep, LLC to New Matter Pursuant to Pa. R.C.P. 2252(d) of Defendant,
Bests Ultra Service, Inc., has been served on all parties of interest by placing the same in the United
States mail, first-class postage pre-paid, at Harrisburg, Pennsylvania on this 8~ day of July, 2002, and
addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johmon, Duffle, Stewart & Weidner
15 North From Street
Suite 203
Steelton, Pennsylvania 17113
Counsel for Bests Ultra Service, Inc.
Sunoco, Inc
1801 Market Street
Philadelphia, Pennsylvania 19103
Peters & Wasilefski
YVONNE MURRAY and RICK MURRAY
Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and New
Matter of Dave Scott and Brenner Chrysler Jeep, LLC within twenty (20) days from service hereof or a
judgment may be entered against you.
Peters & Wasilefski
Attorney 0
Att omey2l~g52ffT_0
2931 North Front Street
Harrisburg, PA 17110
717-238-7555
Attorney for Defendants,
Dave Scott and Brenner Chrysler Jeep, LLC
YVONNE MURRAY and RICK MURRAY :
Wife and Husband, :
Plaintiffs :
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYS!dER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa. R.C.P 2252(d) OF
DEFENDANTS, DAVE SCOTT AND BRENNER CHRYSLER JEEP, LLC
AND NOW, come Defendants, Dave Scott and Brenner Chrysler Jeep, LLC ("Answering
Defendants"), by and through their attorneys, Peters & Wasilefski, and answer Plaintiffs' Complaint and
aver New Matter and New Matter pursuant to Pa. R.C.P. 2252(d) thereto as follows:
1. Denied. After reasonable investigation, Answering Defendants are without knowledge or
information sufficient to form a belief as to the truth of said allegations, and the same are therefore deemed
denied and strict proof thereof is demanded.
2. Said allegations are directed to a Defendant other than Answering Defendants and,
therefore, no further answer or response is required of Answering Defendants.
3. Said allegations are directed to a Defendant other than Answering Defendants and,
therefore, no further answer or response is required of Answering Defendants.
4. Admitted in part and denied in part. It is admitted only that Defendant, Dave Scott is an
adult individual. It is specifically denied that Defendant, Dave Scott maintain.~ an office for the purpose of
service c/o Brenner Chrysler Jeep, LLC, 1812-1830 Paxton Street, Harrisburg, Pennsylvania. To the
contrary, Dave Scott is merely an employee of Brenner Chrysler Jeep, LLC and does not maintain an office
at said business address.
5. Admitted.
6. Said allegations are directed to a Defendant other than Answering Defendants and,
therefore, no further answer or response is required of Answering Defendants.
7. Said allegations are directed to a Defendant other than Answering Defendants and,
therefore, no further answer or response is required of Answering Defendants.
8. Admitted.
9. Admitted in part and denied in part. It is specifically denied that the word "Jeep" accurately
and/or completely describes the vehicle in question. The remaining averments are admitted.
10. Denied. Answering Defendants are advised by counsel and therefore aver that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
COUNT I
YVONNE MURRAY v. BESTS ULTRA SERVICE CENTER~ INC.
11. Answering Defendants incorporate paragraphs 1 through 10 above by reference thereto as
though set forth herein at length.
12-16. Said allegations are directed to a Defendant other than Answering Defendants and,
therefore, no further answer or response is required of Answering Defendants.
WHEREFORE, Answering Defendants demand that judgment be entered in their favor and
against Plaintiffs.
COUNT II
YVONNE MURRAY v. SUNOCO~ INC.
17. Answering Defendants incorporate paragraphs 1 through 16 above by reference thereto as
though set forth herein at length.
18 - 21. Said allegations are directed to a Defendant other than Answering Defendants and,
therefore, no further answer or response is required of Answering Defendants.
WHEREFORE, Answering Defendants demand that judg~ent be entered in their favor and
against Plaintiffs.
COUNT III
YVONNE MURRAY v. DAVE SCOTT
22. Answering Defendants incorporate paragraphs 1 through 21 above by reference thereto as
though set forth herein at length.
23. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
24. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
25. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
26. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extem that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
WHEREFORE, Answering Defendants demand that judgment be entered in their favor and
against Plaintiffs.
COUNT IV
YVONNE MURRAY v. BRENNER CHRSYLER ,[EEP~ LLC
27. Answer Defendants incorporate paragraphs 1 through 26 above by reference thereto as
though set forth herein at length.
28. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
29. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
30. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
31. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
WHEREFORE, Answering Defendants demand that judgment be entered in their favor and
against Plaintiffs.
COUNT V
RICK MURRAY v. BESTS ULTRA SERVICE CENTER~ INC.
32. Answering Defendants incorporate paragraphs 1 through 31 above by reference thereto as
though set forth herein at length.
33. Said allegations are directed to a Defendant other than Answering Defendants and,
therefore, no ftmher answer or response is required of Answering Defendants.
WHEREFORE, Answering Defendants demand that judgment be entered in their favor and
against Plaintiffs.
COUNT VI
RICK MURRAy v. SUNOCO~ INC
34. Answering Defendants incorporate paragraphs 1 through 33 above by reference thereto as
though set forth herein at length.
35. Said allegations are directed to a Defendant other than Answering Defendants and, therefore, no
further answer or response is required of Answering Defendants.
WHEREFORE, Answering Defendants demand that judgment be entered in their favor and
against Plaintiffs.
COUNT VII
RICK MURRAY v. DAVE SCOTT
36. Answering Defendants incorporate paragraphs 1 through 35 above by reference thereto as
though set forth herein at length.
37. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
WHEREFORE, Answering Defendants demand that judgment be entered in their favor and
against Plaimfffs.
COUNT VIII
RICK MURRAY v. BRENNER CHRSYLER JEEP~ LLC
38. Answer Defendants incorporate paragraphs 1 through 37 above by reference thereto as
though set forth herein at length.
39. Denied. Answering Defendants are advised by counsel and therefore avers that said
allegations state conclusions of law to which no response is required under the Pennsylvania Rules of Civil
Procedure. To the extent that a response may be required, said allegations are specifically denied in
accordance with Pa. R.C.P. 1029(e).
WHEREFORE, Answering Defendants demand that judgment be entered in their favor and
against Plaintiffs.
NEW MATTER
40. Answering Defendants incorporate paragraphs 1 through 39 above by reference thereto as
though set forth herein at length.
41.
42.
Plaintiff, Yvonne Murray ("Plaintiff'), was contributorily negligent.
Plaintiff's contributory negligence consisted of the following:
a. Failing to take appropriate precautions in traveling upon the
premises in question;
Failing to appropriately observe the conditions then and there
existing;
f.
g.
h.
i.
j.
Failing to take reasonable available alternative paths under the facts
and circumstances of the present case;
Wearing inappropriate or unsafe footwear under the facts and
circumstances of the present case;
Failing to take appropriate precautions and measures under the facts
and circumstances of the present case;
Failing to exercise due diligence to ensure her own safety;
Failing to pay proper attention to where she was walking;
Failing to recognize an open and obvious condition;
Failing to look where she was walking;
Failing to notice an open and obvious defective condition upon the
premises;
Directing her attention away from the immediate area where she was
walking;
1. In attempting to cross the parking lot at a time when it was unsafe to
do so;
m. Failing to refrain from walking into the path of a motor vehicle;
n. Failing to observe, notice or otherwise heed the presence of motor
vehicles on the premises;
o. In knowingly and voluntarily placing herself in a position of danger;
p. In carelessly placing herself in a position of danger;
q. In failing to yield the right-of-way to a motor vehicle that had been
moving upon the premises;
r. In failing to take appropriate evasive action as was required under
the circumstances then and there existing; and
s. In failing to pay attention to the fact that there were motor vehicles
moving about the premises in question.
43. Any injuries or damages allegedly suffered by Plaintiff, which are specifically denied, were
solely the direct and proximate result of Plaintiff's own negligence.
44. Any injuries or damages allegedly suffered by Plaintiff, which are specifically denied, were
the direct and proximate result of Plaintiff's own contributory negligence.
45. Plaintiff's claims are barred by the Comparative Negligence Act.
46. Plaintiff's claims are barred by the fact that her negligence quantitatively amounted to 51%
or greater than any and all other negligence which may have caused or contributed to the happening of the
accident in question.
47. Plaintiff's claims may be barred by the applicable statute of limitations.
48. Plaintiff's claims may be barred and/or limited by her failure to mitigate her damages.
49. Plaintiff's claims are barred by the doctrine of assumption or risk since Plaintiff knowingly
and voluntarily encountered the conditions then and there existing under the facts and circumstances of the
present case.
50. The injuries and damages allegedly suffered by Plaintiff, which are specifically denied, may
have been due in whole or in part to the negligence of third persons or entities who are not presently parties
to this lawsuit.
51. The injuries and damages allegedly suffered by Plaintiff, which are specifically denied, may
have been due in whole or in pat to the negligence of co-Defendants.
52. Answering Defendants were not negligent or careless in any manner whatsoever with
regard to the facts and circumstances set forth in Plaintiff's Complaint.
53. Answering Defendants' agent, servant and/or employee was acting lawfully at the time of
the alleged incident.
54. Answering Defendants owed no duty of care to Plaintiff under the facts and circumstances
set forth in Plaintiff's Complaint.
55. Plaintiff has no cause of action against Answering Defendants based upon the facts and
circumstances set forth in PlainfiWs Complaint.
WHEREFORE, Answering Defendants demand that judgment be entered in their favor and
against Plaintiffs.
NEW MATTER PURSUANT TO Pa. R.C.P 2252(d)
56. Answering Defendants incorporate the allegations contained in Plaintiff's Complaint herein,
without admission or adoption thereof.
10
57. In the event that any liability is found to exist on the part of Answering Defendants, which
liability is specifically denied, then Bests Ultra Service, Inc. and/or Sunoco, Inc. are liable over to
Answering Defendants for contribution and/or indemnity, or are jointly and severally liable to Plaintiffs.
58. In the event that the harm, losses, damages and injuries alleged by Plaintiffs are found to
exist, which are specifically denied, then Defendants, Bests Ultra Service, Inc. and/or Sunoco, Inc. are
solely liable to Plaintiffs for the harm, losses, damages and injuries or are liable over to Answering
Defendants for contribution and/or indemnity, or are jointly and severally liable to Plaintiffs.
WHEREFORE, Answering Defendants demand that judgment be emered in their favor and
against Plaintiffs and Defendants, Bests Ultra Service, Inc. and Sunoco, Inc.
Peters & Wasilefski
Attorney ID~2b'~7.1}.~
2931 NorthrFront'
Street
Harrisburg, PA 17110
717- 238-7555
Attorney for Defendants,
Dave Scott and
Brenner Chrysler Jeep, I J.C
11
VERIFICATION
I hereby affirm that the following facts are correct:
I am a representative of the Defendant and am authorized to make this Verification;
the attached Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Answer and New Matter and
New Matter Pursuant to Pa. R.C.P. 2252(d) is based upon information which I have furnished to my
counsel and information which has been gathered by my counsel in the preparation of the lawsuit.
The language of the Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Answer and New
Matter and New Matter Pursuant to Pa. R.C.P. 2252(d) is that of counsel and not of me. I have read
the Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Answer and New Matter and New
Matter Pursuant to Pa. R.C.P. 2252(d) and to the extent that the same is based upon information
which I have given to my counsel, it is tree and correct to the best of my knowledge, information and
belief. To the extent that the content of the Defendants, Dave Scott and Brenner Chrysler Jeep,
LLC's Answer and New Matter and New Matter Pursuant to Pa. R.C.P. 2252(d) is that of counsel, I
have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in
the Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Answer and New Matter and New
Matter Pursuant to Pa. R.C.P. 2252(d) are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to nnswom falsification to authorities.
JohnMcGreevy ~ C;l~,(z~ f', r-, k~¢. ~c... o~e;¢cCO
for Brenner Chrysler Jeep~LC
Date:
VERIFICATION
I hereby affirm that the following facts are correct:
I am a representative of the Defendant and am authorized to make this Verification;
the attached Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Answer and New Matter and
New Matter Pursuant to Pa. R.C.P. 2252(d) is based upon information which I have furnished to my
counsel and information which has been gathered by my counsel in the preparation of the lawsuit.
The language of the Defendants, Dave Scott and Brenner Chrysler Jeep, lJ.C's Answer and New
Matter and New Matter Pursuant to Pa. R.C.P. 2252(d) is that of counsel and not of me. I have read
the Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Answer and New Matter and New
Matter Pursuant to Pa. R.C.P. 2252(d) and to the extent that the same is based upon information
which I have given to my counsel, it is tree and correct to the best of my knowledge, information and
belief. To the extent that the content of the Defendants, Dave Scott and Brenner Chrysler Jeep,
LLC's Answer and New Matter and New Matter Pursuant to Pa. R.C.P. 2252(d) is that of counsel, I
have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in
the Defendants, Dave Scott and Brenner Chrysler Jeep, LLC's Answer and New Matter and New
Matter Pursuant to Pa. R.C.P. 2252(d) are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities.
Dave Scott
Date:
YVONNE MURRAY and RICK MURRAY
Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CML ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Answer with New Matter
and New Matter Pursuant to Pa. R.C.P. 2252(d) of Defendants, Dave Scott and Brenner Chrysler
Jeep, LLC, has been served on all parties of interest by placing the same in the United States mail, first-
class postage pre-paid, at Harrisburg, Pennsylvania on this 8tn day of July, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
15 North Front Street
Suite 203
Steelton, Pennsylvania 17113
Counsel for Bests Ultra Service, Inc.
Sunoco, Inc
1801 Market Street
Philadelphia, Pennsylvania 19103
Peters & Wasilefski
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
YVONNE MURRAY and
ATTORNEY FOR PLAINTIFFS
COURT OF COMMON PLEAS
RICK MURRAY, W/H
V.
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
:
: NO. 02-2515
: JURY TRIAL DEMANDED
_.
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS~
DAVE SCOTT and BRENNER CHRYLSER JEEP~ LLC
40. No response is required.
41. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically denied that plaintiff was negligent in any way.
42. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically denied that plaintiff was contributorily negligent in any
way; more specifically, it is alleged that the plaintiff did not fail to:
a. take appropriate precautions;
b. observe conditions;
c. take reasonable paths;
d. wear appropriate or unsafe footwear;
e. take appropriate precautions and measures;
f. exercise due diligence to ensure her own safety;
g. pay proper attention to where she was walking;
h. recognize the condition which was not open and obvious;
i. look where she was walking;
j. notice an open and obvious defective condition upon the premises which was in
fact not open and obvious;
k. direct her attention from the immediate area where she was walking;
1. cross the parking lot when it was safe to do so;
m. refrain from walking into the path of a motor vehicle;
n. observe, notice or otherwise heed the presence of motor vehicles on the
premises;
o. avoid knowingly and voluntarily placing herself in a position of danger;
p. avoid carelessly placing herself in a position of danger;
q. yield the right-of-way to a motor vehicle that had been moving on the
premises;
r. take appropriate evasive action as was required under the circumstances;
s. pay attention to the fact that there were motor vehicles moving about the
premises.
43. Denied. This is a conclusion of law to which no response is required; on the
contrary, the plaintiff's injuries were suffered as a result of the defendant's negligence and were
proximately caused thereof.
44. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically denied that plaintiff was in any way contributorily negligent.
45. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically alleged that plaintiff was free of comparative negligence.
46. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically denied that plaintiff was negligent at all.
47. Denied. This is a conclusion of law to which no response is required; by way of
further response, the plaintiff's claim was filed within the applicable Statute of Limitations.
48. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically denied that the plaintiff has failed to mitigate her damages.
49. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically denied that plaintiff was aware of or assumed the risk of being
on and walking through the defendant's premises.
50. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically alleged that plaintiff's damages were caused by the negligence
of defendants as named in her Complaint.
51. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically alleged that plaintiff's injuries were caused by the negligence
of all of the defendants.
52. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically alleged that the defendants were negligent aa per Plaintiffs'
Complaint.
53. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically asserted that defendant's agent, servant and/or employee acted
negligently as alleged in Plaintiffs' Complaint.
54. Denied. This is a conclusion of law to which no response is required; by way of
further response, it is specifically asserted that defendants owed a duty to plaintiff which duty
was breached by defendants' negligence as alleged in Plaimiffs' Complaim.
55. Denied. This is a conclusion of law to which no response is required; by way of
further response, plaintiffs' action is well-founded in the facts of their Complaint against
answering defendants which action sounds in tort.
WHEREFORE, Plaintiffs' demand judgment against defendants as alleged in their
Complaint.
PLAINTIFFS' REPLY TO NEW MATTER PURSUANT TO Pa. ILC.P. 22fi2{d}
56. thru 58. These allegations are directed to parties other than plaintiffs.
IR~lql3 L. ABRAMSON, ESQUIRE
Attorney for Plaintiffs
VERIFICATION
IRVING L. ABRAMSON, ESQUIRE hereby states that he is the attorney representing
the Plaintiff in this matter and verifies that the statements made in the foregoing are true
and correct to the best of his knowledge, information and belief. The undersigned
understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unswom falsification to authorities.
IRV~NGJ L. ABRAMSON, ESQUIRE
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
ATTORNEY FOR PLAINTIFFS
YVONNE MURRAY and
RICK MURRAY, W/H
V.
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
: NO. O
: JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT~
BESTS ULTRA SERVICE~ INC.
41. Denied. This is a conclusion of law to which no response is required.
ESQUIRE
Attorney for Plaintiffs
VERIFICATION
IRVING L. ABRAMSON, ESQUIRE hereby states that he is the attorney representing
the Plaintiffs in this matter and verifies that the statements made in the foregoing are tree
and correct to the best of his knowledge, information and belief. The undersigned
understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unswom falsification to authorities.
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
YVONNE MURRAY and
ATTORNEY FOR PLAINTIFFS
: COURT OF COMMON PLEAS
RICK MURRAY, W/H
Vo
BESTS ULTRA SERVICE, INC., SU31OCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
: NO. 02-2515
: JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT~
SUNOCO, INC. (R & M)
40. Denied. This is a conclusion of law to which no response is required; on the
contrary, Plaintiff has stated a cause of action which sounds in tort.
41. Denied. This is a conclusion of law to which no response is required; on the
contrary, Plaintiffs' claims have been timely filed.
42. Denied. This is a conclusion of law to which no response is required; on thc
contrary, the Plaintiff was note aware of thc condition or situation prior to her accident so could
not and did not assume the risk.
43. Denied. This is a conclusion of law to which no response is required; on the
contrary, Plaintiff exercised due diligence and care and was not negligent in any manner.
43. Denied. This is a conclusion of law to which no response is required; on thc
contrary, Plaintiff's injuries came about as a sole result of defendant's negligence as alleged in
her Complaint.
44. Denied. This is a conclusion of law to which no response is required; on the
contrary, Plaintiff's injuries were caused by the defendants as alleged in her Complaint.
PLAINTIFFS' REPLY TO NEW MATTER CROSSCLAIM AGAINST CO-
DEFENDANTS~ DAVE SCOTT AND BRENNER CHRYSLER JEEP~ LLC
40. through 41. These allegations are directed against defendants and require no response
from Plaintiff.
PLAINTIFFS' REPLY TO NEW MATTER CROSSCLAIM AGAINST CO-
DEFENDANT~ BESTS ULTRA SERVICE~ INC.
42. through 49. These allegations are directed against defendants and require no response
from Plaintiff.
Respectfully submitted,
IRVING L. ABRAMSON, ESQUIRE
Attorney for Plaintiffs
VERIFICATION
IRVING L. ABRAMSON, ESQUIRE hereby states that he is the attorney representing
the Plaintiffs in this matter and verifies that the statements made in the foregoing are true
and correct to the best of his knowledge, information and belief. The undersigned
understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unswom falsification to authorities.
II~Vlt/~6 L. ABRAMSON, ESQUIRE
~ohnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant Bests Ultra Service, Inc.
YVONNE MURRAY and
MURRAY, Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC.,
SUNOCO, INC., DAVE SCO'l-I' and
BRENNER CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT BESTS ULTRA SERVICE, INC. 'S REPLY TO
NEW MA TTER OF DEFENDANTS DA VE SCOTT AND
BRENNER CHRYSLER JEEP, LLC
AND NOW, this _~_L~'~ of August, 2002, comes Defendant Bests Ultra Service, Inc. by and through
its undersigned attorneys and replies to Defendants Dave Scott and Brenner Chrysler Jeep, LLC's new matter
as follows:
40. - 55. Denied. These averments are denied as ones to which no responsive pleading on the
part of replying Defendant is required. Alternatively, they are denied as conclusions of law to which no
responsive pleading is required.
WHEREFORE, Defendant Bests Ultra Service, Inc. demands judgment in its favor.
NEW MA TTER PURSUANT TO PA. R.C.P. 2252(d)
56. Admitted in Part. Denied in Part. Replying Defendant incorporates the averments of its
answer to Plaintiffs' complaint.
:161365
5774-407
57. - 58, Denied.
WHEREFORE, Defendant Bests Ultra Service, Inc. demands judgment in its favor.
JOHNSO~R
By:~
VERIFICATION
The undersigned says that the facts set forth in the foregoing reply to new matter are true and correct.
This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to
authorities.
BESTS ULTRA SERVICE CENTER, INC.
~c-hael'Best '
CERTIFICATE OF SERVICE
AND NOW, this //'~ day of August, 2002, the undersigned does hereby certify that she did this date
serve a copy of the foregoing reply to new matter upon the other parties of record by causing same to be
deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as
follows:
Irving L. Abramson, Esquire
One Harford Lane
Radnor, PA 19087
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
15th and JFK Boulevard
Philadelphia, PA 19102-1722
Thomas A. Lang, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110
JOHNSON, DUFFLE, STEWART & WEIDNER
k,~tiehelle Hagy-
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-02515 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MURRAY YVONNE ET AL
VS
BESTS ULTRA SERVICE INC ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT , to wit:
SUNOCO INC
but was unable to locate Them in his bailiwick.
deputized the sheriff of PHILADELPHIA County,
serve the within COMPLAINT & NOTICE
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
He therefore
Pennsylvania,
to
On July 1st , 2002 , this office was in receipt of the
attached return from PHILADELPHIA
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep Philadelphia 116.00
.00
141.00
07/0 /2002
IRVING ABRAMSON
.~~~ ......
R. Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 2~ day of ~
;
A.D.
Prothonotary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-02515 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MURRAY YVONNE ET AL
VS
BESTS ULTRA SERVICE INC ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
SCOTT DAVE
but was unable to locate Him in his
deputized the sheriff of DAUPHIN
serve the within COMPLAINT & NOTICE
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
He therefore
Pennsylvania,
bailiwick.
County,
to
On July
1st , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
6.00
9.00
10.00
35.25
.00
60.25
07/01/2002
IRVING ABRAMSON
SO answe_e_e_e_e_e_e_e_e_~r~~. -'
R~. Thomas Kline~ -
Sheriff of Cumberland County
Sworn and subscribed to before me
this 2~/~.i day of ~
.~ oo 2_ A.D.
Prothonotary '
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-02515 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERI2~ND
MURRAY YVONNE ET AL
VS
BESTS ULTRA SERVICE INC ET AL
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
BRENNER CHRYSLER JEEP LLC
but was unable to locate Them
deputized the sheriff of DAUPHIN
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
in his bailiwick.
County,
, to wit:
He therefore
Pennsylvania,
serve the within COMPLAINT & NOTICE
to
On July 1st , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
07/01/2002
IRVING ABR3%MSON
R. Th~s Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 2~ day of ~3~
~.L A.D.
/ ~ ProthonotAry
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-02515 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MURRAY YVONNE ET AL
VS
BESTS ULTRA SERVICE INC ET AL
RONALD HOOVER , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BESTS ULTRA SERVICE CENTER INC the
DEFENDANT , at 1436:00 HOURS,
at 6025 CARLISLE PIKE
MECHANICSBURG, PA 17055
JOLLYN BEST
on the 28th day of May 2002
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.28
Affidavit .00
Surcharge 10.00
.00
36.28
Sworn and Subscribed to before
me this ~,_ day of
~ ~ A.D.
/ ;P~othonotary
So Answers:
R. Thomas Kline
07/01/2002
IRVING ABRAMSON
Deputy Sheriff
In The Court of Common Pleas of Cumberland County, Pennsylvania
Yvonne Murray et al
VS.
Bests Ultra Service, Inc.
SERVE: Dave Scott No. 02 2515 civil
May 23, 2002
hereby deputize the Sheriff of
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
Dauphin County to execute this Writ, thii
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, ., 20 , at o'clock
M. served the
within
upon
by handing to
a
and madeknownto
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this day of ,20__
Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:June 11, 2002
COMPLAINT
SCOTT DAVE
to CRYSTAL CAPP, HUMAN RESOURCE MANAGER
of the original COMPLAINT
to him/her the contents thereof at 1812 PAXTON ST
HBG, PA 17101-0000
: MURRAY YVONNE
vs
: BRENNER SHRYSLER JEEP LLC
Sheriff's Return
No. 1383-T - -2002
OTHER COUNTY NO. 02-2515
at 4:10PMserved the within
upon
by personally handing
1 true attested copy(ies)
and making known
Sworn and subscribed to
before me this 19TH day o~-~JUNE, 2002
PROTHONOTARY
So Answers,
Sheriff of Dauphin County, Pa.
By be'put Sh~eriff
Sheriff's Costs: $35.25 PD 06/03/2002
RCPT NO 165054
GASPICH
In The Court of Common Pleas of Cumberland County, Pennsylvania
Yvonne Murray et al
VS.
~ests Ultra Service, Inc.
SERVE: Brenner Chrysler Jeep, LLC
No. 02 2515 civil
Now, May 23, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin CoUllty to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now~
within
,20 , at o'clock M. served the
upon
at
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of
,20
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
A1RD NOW:June 11, 2002
COMPLAINT
BRENNER SHRYSLER JEEP LLC
to CRYSTAL CAPP, HUMAN RESOURCE MANAGER
of the original COMPLAINT
to him/her the contents thereof at 1830 PAXTON ST
HBG, PA 17101-0000
: MURRAY YVONNE
vs
: BRENNER SHRYSLER JEEP LLC
Sheriff's Return
No. 1383-T - -2002
OTHER COUNTY NO. 02-2515
at 4:10PMserved the within
upon
by personally handing
1 true attested copy(les)
and making known
Sworn and subscribed to
before me this 19TH day of JuIq'E, 2002
PROTHONOTARY
SO Answers,
Sheriff of Dauphin County, Pa.
By ~D~ ShSh~or~ff
Sheriff's Costs:S35.25 PD 06/03/2002
RCPT NO 165054
GASPICH
In'The Court of Common Pl~as of Cumberland County, Pennsylvania
Yvonne Mu~ay et al
VS.
Bests Ultra Service, Inc.
SERVE: Sunoco, Inc
NO. 02 2515 civil
Iq'OW,. May 23, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Philadelphia County to execute this Writ, thi~
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, ff_~-~) - { D ,200g, at t(/1/(
by h~dina to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me tiffs __ day of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. NO. 29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
ATTORNEY FOR PLAINTIFFS
YVONNE MURRAY and
RICK MURRAY, W/H
V.
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
:
: NO.
: JURY TRIAL DEMANDED
..
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. ;'/ou 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 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 A 'fOUR 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, PA 17013
(717) 249-3166
· ~ t~ seat ~,"-=~"', 'nWeut~etnw~...,
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
YVONNE MURRAY and
ATTORNEY FOR PLAINTIFFS
: COURT OF COMMON PLEAS
RICK MURRAY, W/H
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW
:
: NO.
: JURY TRIAL DEMANDED
:
COMPLAINT
1. Plaintiffs, Yvonne Murray and Rick Murray, are adult individuals residing at 1550
Williams Grove Road, Lot 134, Mechanisburg, PA.
2. Defendant, Bests Ultra Service Center, Inc., is a Pennsylvania cor3oration organized and
existing under the laws of the Commonwealth of Pennsylvania with offices for purpose of
service at 6025 Carlisle Pike, Mechanicsburg, PA.
3. Defendant, Sunoco, Inc., is a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania with offices for purpose of service c/o C.T. Corp. 1515
Market Street, Suite 1210, Philadelphia, PA.
4. Defendant Dave Scott, is an adult individual with an office for purpose of service c/o
Brenner Chrysler Jeep LLC, 1812-1830 Paxton Street, Harrisburg, PA.
5. Defendant, Brenner Chrysler Jeep, LLC, is a limited liability company organized and
existing under the laws of the Commonwealth of Pennsylvania with offices for purpose
of service at 1812-1830 Paxton Street, Harrisburg, PA.
6. At ail times material to this Complaint the defendant, Bests Ultra Service Center, Inc.,
owned, leased, possessed, managed and/or controlled the premises at 6025 Carlisle Pike,
Mechanicsburg, PA.
7. At all times material to this Complaint the defendant, Sunoco, Inc., owned, leased,
possessed, managed and/or controlled the premises at 6025 Carlisle Pike, Mechanicsburg,
PA.
8. At all times material to this complaint the defendant, Dave Scott, was an employee acting
within the scope and during the course of his employment with the defendant, Brenner
Chrylser Jeep, LLC.
9. At all times material to this Complaint the defendant, Brenner Chrysler Jeep, LLC, was
the owner of a Jeep being operated by Dave Scott on the premises of the defendant, Bests
Ultra Service Center, Inc.
10. At all times material to this Complaint, corporate and limited liability defendants acted or
failed to act through their agents, employees, workmen and/or servants in furtherance of
the business interests of the defendants.
Count I
Yvonne Murray v. Bests Ultra Service Center~ Inc.
11. All of the allegations contained in paragraphs 1 through 10 above are herein incorporated
as if set forth in their entirety below.
12. On or about August 15, 2000, at or about 6:15 p.m., the plaintiff, Yvonne Murray, was
a business invitee on the premises of Bests Ultra Service Center, Inc. located at 6025
Carlisle Pike, Mechanicsburg, PA when the aforementioned defendant, Dave Scott,
operating the vehicle owned by defendant, Brenner Chrysler Jeep, LLC, drove his car into
the path of the Plaintiff causing her to move out of his way and in doing so fell on the
broken pavement causing her grievous injury.
13. The defendant's, Bests Ultra Service Center, Inc.'s, negligence consisted more fully in the
following:
a) Creating a dangerous condition and/or allowing a dangerous condition to develop and
to exist in the subject premises;
b) Failure to warn of the existence of a dangerous condition;
c) Failure to properly maintain its property, surface area, instrumentality and
appurtenance and/or structure to permit safe passage on the premises;
d) Failure to properly supervise maintenance of the property, surface area,
instrumentality, appurtenance and/or structure of the subject premises.
14. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvorme Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiring open
reduction and internal fixation, lateral subluxation of the talus, torn ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
15. Plaintiff has been caused to sustain the loss of life's pleasures.
16. Plaintiff has lost the wages of her employment; her earning capacity has been
permanently impaired.
WHEREFORE, plaintiff, Yvorme Murray, demands judgment against defendant, Bests Ultra
Service Center, Inc., in a sum in excess of $50,000.00.
COUNT II
Yvonne Murray v. Sunoco~ Inc.
17. AIl of the allegations contained in paragraphs 1 through 16 above are herein incorporated
as if set forth in their entirety below.
18. The defendant's, Sunoco, Inc.'s, negligence consisted more fully in the
following:
a) Creating a dangerous condition and/or allowing a dangerous condition to develop and
to exist in the subject premises;
b) Failure to warn of the existence of a dangerous condition;
c) Failure to properly maintain its instrumentality and appurtenance and/or structure to
permit safe passage on the premises;
d) Failure to properly supervise maintenance of the instrumentality, appurtenance and/or
structure of the subject premises.
19. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvorme Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiring open
reduction and internal fixation, lateral subluxation of the talus, tom ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
20. Plaintiff has been caused to sustain the loss of life's pleasures.
21. Plaintiff has lost the wages of her employment; her earning capacity has been
permanently impaired.
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Sunoco,
Inc., in a sum in excess of $50,000.00.
COUNT III
Yvonne Murray v. Dave Scott
22. All of the allegations contained in paragraphs 1 through 21 above are herein incorporated
as if set forth in their entirety below.
23. The defendant's, David Scott's, negligence consisted more fully i.n the following:
a) Failure to keep his motor vehicle under control;
b) Failure to properly obey traffic signals and yield the right-of-way to others;
c) Failure to keep a proper lookout;
d) Failure to properly regard the rights and safety of plaintiff;
e) Failure to obey highway signage and traffic conditions;
f) Violation of the pertinent provisions of the Permsylvania Motor Vehicle Code.
24. Solely as a result of defendant's negligence as aforesaid, plaintiff. Yvonne Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiring open
reduction and internal fixation, lateral subluxation of the talus, torn ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvorme Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
25. Plaintiff has been caused to sustain the loss of life's pleasures.
26. Plaintiff has lost the wages of her employment; her earning capacity has been
permanently impaired.
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Dave Scott,
in a sum in excess of $50,000.00.
COUNT IV
Yvonne Murray v. Brenner Chrylser Jeep~ LLC
27. All of the allegations contained in paragraphs 1 through 26 above are herein incorporated
as if set forth in their entirety below.
28. The defendant's, Breimer Chrysler Jeep LLC's, negligence by its employee consisted
more fully in the following:
a) Failure to keep its motor vehicle under control;
b) Failure to properly obey traffic signals and yield the right-of-way to others;
c) Failure to keep a proper lookout;
d) Failure to properly regard the rights and safety of plaintiff;
e) Failure to obey highway signage and traffic conditions;
f) Violation of the pertinent provisions of the'Pennsylvania Motor Vehicle Code.
29. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvonne Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiring open
reduction and internal fixation, lateral subluxation of the talus, torn ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and. suffering, for all of
which the plaintif~; Yvorme Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
30. Plaintiff has been caused to sustain the loss of life's pleasures.
31. Plaintiff has lost the wages of her employment; her earning capacity has been permanently
impaired.
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Brenner
Chrylser Jeep, LLC, in a sum in excess of $50,000.00.
COUNT V
Rick Murray v. Bests Ultra Service Center~ Inc.
32. All of the allegations contained in paragraphs 1 through 31 are herein incorporated as
if set forth in the entirety below.
33. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Bests Ultra
Service Center, Inc., in a sum in excess of $50,000.00.
COUNT VI
Rick Murray v. Sunoco~ Inc.
34. All of the allegations contained in paragraphs 1 through 33 are herein incorporated as
if set forth in the entirety below.
35. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Sunoco, Inc., in
a sum in excess of $50,000.00.
COUNT VII
Rick Murray v. Dave Scott
36. All of the allegations contained in paragraphs 1 through 35 are herein incorporated as
if set forth in the entirety below.
37. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Dave Scott, in a
sum in excess of $50,000.00.
COUNT VIII
Rick Murray v. Brenner Chrysler Jeep~ LLC
38. All of the allegations contained in paragraphs 1 through 37 are herein incorporated as
if set forth in the entirety below.
39. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Brenner
Chrysler Dodge, LLC, in a sum in excess of $50,000.00.
IRVIlqG IL. ABRAMSON, ESQUIRE
Attorney ~'or Plaintiffs
VERIFICATION
Yvorme Murray hereby states that she is the Plaintiff in this matter and verifies that the
statements made in the foregoing are tree and correct to the best of her knowledge,
information and belief. The undersigned understands that the statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to
authorities. ~ ~'~
VERIFICATION
Rick Murray hereby states that he is the Plaintiff in this matter and verifies that the
statements made in the foregoing are true and correct to the best of his knowledge,
information and belief. The undersigned understands that the statements herein are made
subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to
authorities.
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. 1129293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
~------'-0'--~---'~-URRAY and
RICK MURRAY, W/H
V.
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
ATTORNEY FOR PLAINTIFFS
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
:
: NO. 02-2515
: JURY TRIAL DEMANDED
STIPULATION
It is hereby stipulated by and between the parties that the correct name of the
defendant in the pending action is Sunoco, Inc. (R & M) rather than Sunoco, Inc. as the
defendant is named in the Complaim. This stipulation is in lieu of fora-iai amendment of
the Complaint.
iRVll~ L. ABRAMSON, ESQUIP~
Attorney for Plaintiffs
Atto~r Defendants
~Da~d Scott and B~enner Chrysler
Jeep, LLC
~ITN F. FOX, JR.., ~S~UIRE
Attorney for Defendant
Sunoco, Inc. (R & M)
Attorney for Defendant
Bests Ultra Service, Inc.
YVONNE MURRAY and RICK MURRAY : IN THE COURT OF COMMON PLEAS
Wife and Husband, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
: DOCKETNO: 02-2515 CIVIL
V. .'
: CIVIL ACTION - LAW
BESTS ULTRA SERVICE, INC. SUNOCO, :
INC., DAVE SCOTY and BRENNER :
CHRYSLER JEEP, LLC, :
Defendants : JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,
Defendant by and through its attorneys, certifies that:
(1)
(2)
A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twemy days prior to the date
on which the subpoena is sought to be served;
A copy of the Notice of Intent, including the proposed subpoena, is attached to this
certificate;
(3) No objection to the subpoena has been received; and
(4) The subpoena which will be served is identical to the subpoena which is attached to
the Notice of Intent to Serve a Subpoena.
Date:
By:
A. Lang, Esquire
Attorney ID #5~2670- ,,
2931 North Front Street
Harrisburg, Pennsylvania 17
717-238-7555
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
YVONNE MURRAY and RICK MURRAy
Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC,
Defendants
IN Tf-IE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JErRy TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND TH/_NGS
FOR DISCOVERY PURSUANT TO RULE 4009.21
Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an
objection to the subpoena. If no objection is made the subpoena may be served.
Date: CI I ~. 0'2_
By:
Peters & Wasilefski
Attorney ID
2931 North Front Street
Harrisburg, Pennsylvania 17110
717-238-7555
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
.COMMONWEALTH OF PENNSYLVANIA
~OUNTY OF CUMBERLAND
Yvonne and Rick Murray, husband and wife,
Plaintiffs
Bests Ultra Service, Inc., Sunoco, Dave Scott and
Brenner Chrysler Jeep, LLC
Defendants
File No. 1~-2515 Civil
TO:
following documents or things:
.SUBPOENA TO PRODUCE DOCLrMENTS OR THINGS
FOR DISCOVERy PURSUANT TO RULE 4009.29,
Harrisburg Hospital (Pinnacle H~alth Sys rems)
0XIame of Person or Enti~)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
See attached.
ADDRESS:
TELEPHONE:
at Peters & Wasilefski 2931 North Front t · .
(Address)
You may deliver or mai/ legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You have
the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving the subpoena may seek a court order compelling you to comply with it. '
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF ~ FOLLOWING PERSON:
Thomas A. Lang, Esquire
2931 North Front Street~ Harr~sburg~ Pennsylvania 17110
717-238-7555
SUPREME COURT ID # 526 70
ATTORNEy FOR: Defendan ~,
Se~ o/the Court
BY THE COURT:
Prothonotary/Clerk. Ci~l Div~on
Deputy
EXHIB IT "A"
Any and all correspondence, memoranda, letters, medical
records, medical reports, test results, diagnostic studies,
films, medical bills, invoices, and any and all other
documentation concerning the care and treatment of
Yvonne Murray.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Notice of Intent to Serve a
Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, has been
served on all parties of interest by placing the same in the United States mail, first-class postage pre-paid, at
Harrisburg, Pennsylvania on this 13th day of September, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
CERTIFICATE OF SERVICE
I hereby certify that a tree and correct copy of the foregoing Certificate Prerequisite to
Service of a Subpoena Pursuant to Rule 4009.22, has been served on all parties of interest by placing the
same in the United States mail, first-class postage pre-paid, at Harrisburg, Pennsylvania on this 3~a day of
October, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
YVONNE MURRAY and RICK MURRAY : IN THE COURT OF COMMON PLEAS '
Wife and Husband, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
: DOCKET NO: 02-2515 CIVIL
V. ~
: CIVIL ACTION - LAW
BESTS ULTRA SERVICE, INC. SUNOCO, :
INC., DAVE ScoTr and BRENNER :
CHRYSLER JEEP, LLC, :
Defendants : JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,
Defendant by and through its attorneys, certifies that:
(1)
A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served;
(2)
A copy of the Notice of Intent, including the proposed subpoena, is attached to this
certificate;
(3) No objection to the subpoena has been received; and
(4)
The subpoena which will be served is identical to the subpoena which is attached to
the Notice of Intent to Serve a Subpoena.
Date:
IO.3.O2-
By:
Thor'-as A. Lang, Esquire
Attorney ID #52670
2931 North Front Street
Harrisburg, Pennsylvania 17110
717-238-7555
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
YVONNE MURRAY and RICK MURRAY
Wife and Husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS -
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
BESTS ULTRA SERVICE, INC. SUNOCO, :
INC., DAVE SCOT'I' and BRENNER :
CHRYSLER JEEP, LLC, :
Defendants : JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21
Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have
twenty (20) days from the date hsted below in which to file of record and serve upon the undersigned an
objection to the subpoena. If no objection is made the subpoena may be served.
Peters & Wasilefski
By:
Th A. Lang, Esquire
Attorney ID g52670
2931 North Front~Street ' .~
Harrisburg, Pennsylvania 17110
717-238-7555
Date:
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Yvonne and Rick Murray, husband and wife,
Plaintiffs
Bests Ultra Service, Inc., Sunoco, Dave Scott and
Brenner Chrysler Jeep, LLC
Defendants
File No..0'5-2515 Civil
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSU?d',IT TO RULE 4009.22
TO: Dr. Jason Litton
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: See attached.
at Peters & Wasilefski 2931 North Front Street Harrisburg, Pennsylvania 17110
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You have
the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days ~ter its
service, the party serving the subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Thomas A. Lang: Esquire
ADDRESS: 2931 North Front Street Harrisburg, Pennsylvania 17110
TELEPHONE: 717-228-7~.5.5
SUPRE/V[E COURT ID # 5297D
ATTORNEY FOR: Defendant
BY THE COURT:
Prothonotary/Clerk. Civil Division
Deputy ' '"
Date:
Seal o'f the Court
EXHIBIT "A"
Any and all correspondence, memoranda, letters, medical
records, medical reports, test results, diagnostic studies,
films, medical bills, invoices, and any and all other
documentation concerning the care and treatment of
Yvonne Murray.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Notice of Intent to Serve a
Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, has been
served on all parties of interest by placing the same in the United States mail, first-class postage pre-paid, at
Harrisburg, Pennsylvania on this 13th day of September, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Ir., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and $.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
_CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to
Service of a Subpoena Pursuant to Rule 4009.22, has been served on all parties of interest by placing the
same in the United States mail, first-class postage pre-paid, at Harrisburg, Pennsylvania on this 3ra day of
October, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
YVONNE MURRAY and RICK MURRAY : IN THE COURT OF COMMON PEEAS
Wife and Husband, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
: DOCKET NO: 02-2515 CIVIL
V. :
: CIVIL ACTION - LAW
BESTS ULTRA SERVICE, INC. SUNOCO, :
INC., DAVE ScoTr and BRENNER :
CHRYSLER JEF~p, LLC, :
Defendants : JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,
Defendant by and through its attorneys, certifies that:
(1)
A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served;
(2)
A copy of the Notice of Intent, including the proposed subpoena, is attached to this
certificate;
(3) No objection to the subpoena has been received; and
(4)
The subpoena which will be served is identical to the subpoena which is attached to
the Notice of Intent to Serve a Subpoena.
Date:
Peters & W i fski
By:
Th Lang, Esquire
Attorney ID #5~670
2931 North Front Street
Harrisburg, Pennsylvania 171
717-238-7555
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
YVONNE MURRAY and RICK MURRAY
Wife and Husband,
Plaintiffs
IN THE' COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKETNO: 02-2515 CWIL
CIVIL ACTION - LAW
BESTS ULTRA SERVICE, INC. SUNOCO, :
INC., DAVE SCOTT and BRENNER :
CHRYSLER JEEP, LLC, :
Defendants : JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21
Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an
objection to the subpoena. If no objection is made the subpoena may be served.
By:
Peters & Wasilefski
Th~Lang, Esquire
Attorney ID #52670
2931 North Front Street
Harrisburg, Pennsylvania 17110
717-238-7555
Date:
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
COMNIONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Yvonne and Rick lVIurray, husband and wife,
Plaintiffs
Bests Ultra Service, Inc., Sunoco, Dave Scott and
Brenner Chrysler Jeep, LLC
Defendants
File No. ~-2515 Civil
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.2'2
TO: Dr, Douglas Bream
(Name of Person or Entity)
Within twenty (20) days aRer service of this subpoena, you are ordered by the court to produce the
following documents or things: See attached.
at Peters & Wasilefski 2931 North Front Street Harrisburg~ Pennsylvania 17110
(Address)
NAlVlE:
ADDRESS:
TELEPHONE:
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You have
the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving the subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Thomas A. Lang, Esquire
2931 North Front Street H%rrisburg, Pennsylvania 17110
717-238-7555
SUPREiViE COURT ID # 52670
ATTORNEY FOR: Defendant
BY THE COURT:
/L~'/ ,.~.at.~._~, x~-:~ ("~'
Pro~onot~y/Clerk. Civil Divi~n
Deputy
Date:
Seal o~rhe Court
EXHIBIT "A"
Any and all correspondence, memoranda, letters, medical
records, medical reports, test results, diagnostic studies,
films, medical bills, invoices, and any and all other
documentation concerning the care and treatment of
Yvonne Murray.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Notice of Intent to Serve a
Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, has been
served on all parties of interest by placing the same in the United States mail, first-class postage pre-pa/d, at
Harrisburg, Pennsylvania on this 13a~ day of September, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Cemer Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
CERTIFICATE OF SERVICE
I hereby certify that a tree and correct copy of the foregoing Certificate Prerequisite to
Service of a Subpoena Pursuant to Rule 4009.22, has been served on all parties of interest by placing the
same in the United States mail, first-class postage pre-paid, at Harrisburg, Pennsylvania on this 3rd day of
October, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
YVONNE MURRAY and RICK MURRAY :
Wife and Husband, :
Plaintiffs :
Vo
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTt and BRENNER
CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,
Defendant by and through its attorneys, certifies that:
(1) A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served;
(2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this
certificate;
(3) No objection to the subpoena has been received; and
(4) The subpoena which will be served is identical to the subpoena which is attached to
the Notice of Intent to Serve a Subpoena.
Date: I0. ~- 0"'~
By:
Attorney ID #52670
2931 North Front Street
Harrisburg, Pennsylvania 17110
717-238-7555
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
YVONNE MURRAY and RICK MURRAY
Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTlV and BRENNER
CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21
Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an
objection to the subpoena. If no objection is made the subpoena may be served.
By:
Peters & Wasilefski
Tho. pjaaaw.ATL-~g, Es~uire'-- / 2>
Attorney ID #52670
2931 North Front Street
Harrisburg, Pennsylvania 17110
717-238-7555
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Yvonne and Rick Murray, husband and wife.
Plaintiffs
Bests Ultra Service, Inc., Sunoco, Dave Scott and
Brenner Chrysler Jeep, LLC
Defendants
File No.~0~-2515 Civil
SUB POENA TO PRODUCE DOCUMENTS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.22
TO: KinderCare
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: See attached.
NA/vlE:
ADDRESS:
TELEPHONE:
SUPREME COURTID # 52670
A'i-i'ORNEY FOR: Defendant
at Peters & Wasilefski 2931 North Front Street Harrisburg.. Pennsylvania 17110
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address listed above. You have
the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving the subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
Thomas A. Lang, Esquire
2931 North Front Street Harrisburg, Pennsylvania 17110
717-228-7555
Sea/or;the Court
BY THE COURT:
ProthonotarylClerk. Civil D~v~sf~n
-/ Deputy
Any and all employment records pertaining to ~VO~ MURRAY, including,
but not limited to, any employment records, medical recordsf dispensary
logs, injury reports, personnel file, job descriptions, diagnostic
testing, disciplinary records, statements, including weekly wage
information or any other records pertaining to the employment of
MURRAY.
CERTIFICATE OF SERVICE
I hereby certify that a tree and correct copy of the foregoing Notice of Intent to Serve a
Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, has been
served on all parties of interest by placing the same in the United States mail, first-class postage pre-paid, at
Harrisburg, Pennsylvania on this 13m day of September, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
CC uc
CERTIFICATE OF SERVICE
I hereby certify that a tree and correct copy of the foregoing Certificate Prerequisite to
Service of a Subpoena Pursuant to Rule 4009.22, has been served on all parties of interest by placing the
same in the United States mail, first-class postage pre-paid, at Harrisburg, Pennsylvania on this 3~d day of
October, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
YVONNE MURRAY and RICK MURRAY
Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERrlFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,
Defendant by and through its attorneys, certifies that:
(1)
A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served;
(2)
A copy of the Notice of Intent, including the proposed subpoena, is attached to this
certificate;
(3) No objection to the subpoena has been received; and
(4)
The subpoena which will be served is identical to the subpoena which is attached to
the Notice of Intent to Serve a Subpoena.
Date:
By:
Peters & Wasilefski
Attorney ID #52670
2931 North Frb-iff St~6~t :'*~:'~ *:~
Harrisburg, Pennsylvania 17110
717-238-7555
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
YVONNE MURRAy and RICK MURRAY
Wi~e and Husband,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
BESTS ULTRA SERVICE, INC. SUNOCO, :
INC., DAVE SCOT]? and BRENNER :
CHRYSLER JEEP, LLC, :
Defendants : JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21
Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to fi/e of record and serve upon the undersigned an
objection to the subpoena. If no objection is made the subpoena may be served.
Date:
Peters & Wasilefski
By: T~
Attorney ID #52670
2931 North Front Sti-~et .
Harrisburg, Pennsylvania 17110
717-238-7555
Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
COMMONWEALTH OF PENNSYLVANL~,
~OUNTY OF CUMBERLAND
Yvonne and Rick Murray, husband and wife,
Plaintiffs
Bests Ultra Service Inc.. Sunoco, Dave Scott and
Brenner Chrysler Jeep, LLC
Defendants
File No.,06-2515 Civil
SUBPOENA TO PRODUCE DOC~TS OR THINGS
FOR DISCOVERY PURSUANT TO RULE 4009~2'?
TO: B ooks_.ip_an
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
tbllowing documents or things: __Please see attached.
ADDRESS:
TELEPHONE:
at Peters & Wasilefski 2931 North Front Street Harrisbur . Penns ivam~ 171 I0
(Address)
You may deliver or mai/legible copies of the documents or produce things requested by this subpoena.
together with the certificate of compliance, to the party making this request at the address listed above. You have
the right to seek in advance the reasonable cost of preparing the copies or producing the
things sought.
If you fail to produce the documents or things required by this subpoena within twenty (20) days afthr its
service, the party serving the subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Th~omas A. Lang. Esquire
2~931 North Front Street. Harrisburg, Pennsylvania 1711 I)
717-238-7555
SUPREME COURT ID # 52670
ATTORNEy FOR: Defendan[
Seal df the Court
B¥,,T~ COURT: .-,,
Prothonotary/Clerk, Civil Divisio~7--
Any and all employment records pertaining to Yvonne Murray, including, but not
limited to, any employment records, medicai records, dispensary logs, injury
reports, personnel file, job descriptions, diagnostic testing, disciplinary records,
statements, including weekly wage information or any other records pertaining to
the employment of Yvonne Murray.
CERTIFICATE OF SERVICE
I hereby certify that a tree and correct copy of the foregoing Notice of Intent to Serve a
Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, has been
served on all parties of interest by placing the same in the United States mail, first-class postage pre-paid, at
Harrisburg, Pennsylvania on this 27~ day of September, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abrumson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Permsylvan/a 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to
Service of a Subpoena Pursuant to Rule 4009.22, has been served on all parties of interest by placing the
same in the United States mail, first-class postage pre-paid, at Harrisburg, Pennsylvania on this 21~t day of
October, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102~ 1722
Counsel for Sunoco
Peters & Wasilefski
YVONNE MURRAY and RICK MURRAY
Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC. SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKETNO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22,
Defendant by and through its attorneys, certifies that:
(1) A Notice of Intent to Serve a Subpoena with a copy of the subpoena attached
thereto was mailed or delivered to each party at least twenty days prior to the date
on which the subpoena is sought to be served;
(2) A copy of the Notice of Intent, including the proposed subpoena, is attached to this
certificate;
(3) No objection to the subpoena has been received; and
(4) The subpoena which will be served is identical to the subpoena which is attached to
the Notice of Intent to Serve a Subpoena.
By:
Attorney ID #52670
2931 North Fr~ii~' ~t~
Harrisburg, Pennsylvania 17110
717-238-7555
Date: lO. Ifl' CY~ Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
YVONNE MURRAY and RICK MURRAY
Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, ][NC. SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO: 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS
FOR DISCOVERY PURSUANT TO RULE 4009.21
Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have
twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an
objection to the subpoena. If no objection is made the subpoena may be served.
By:
Thomas A. Lang, Esquire
Attorney ID #52670
2931 North From Street
Harrisburg, Pennsylvania 17110
717-238-7555
Date: C~. '2_q. Or2.- Attorney for Defendant,
Dave Scott and Brenner Chrysler Jeep, LLC
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Yvoune and Rick Murray, husband and wife,
Plaintiffs
Bests Ultra Service, Inc., Sunoco, Dave Scott and
Brenner Chrysler Jeep, LLC
Defendants
File No. ,05'-2515 Civil
SU3POENA TO PRODUCE DOCUMENTS OR TH[NOS
FOR DISCOVERY PURSUANT TO RULE 4009.2.2
TO: Manpower
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the
following documents or things: ?leasa sea attached,
at Peters & Wasilefski 2931 North Front Street Harrisbura. Pennsylvania I7110
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance, to the party making this request at the address Iisted above. You have
the right to seek in advance the reasonable cost of prep aring the copies or producing the things sought.
If you [~aiI to produce the documents or things required by this subpoena within twenty (20) days after its
service, the party serving the subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT TI-EE REQUEST OF THE FOLLOWING PERSON:
NAME:
Thomas A. Lane. Esauire
ADDRESS:
2931 North Front Street. Harrisbttra. Pennsylva~ia 17110
TELEPHONE:
717-238-7555
SUPREME COURT 1I) # 52670
ATTORNEY FOR: Defendant
Date:
Seal'of De Court '
BY ~J~ COURT: ~
ProthonOtary/Clerk. Civil Divisio~..-~
Any and all employment records pertaining to Yvonne Murray, including, but not
limited to, any employment records, medical records, dispensary logs, injury
reports, personnel file, job descriptions, diagnostic testing, disciplinary records,
statements, including weekly wage information or any other records pertaining to
the employment of Yvonne Murray.
CERTIFICATE OF SERVICE
I hereby certify that a tree and correct copy of the foregoing Notice of Intent to Serve a
Subpoena to Produce Documents and Things for Discovery Pursuant to Rule 4009.21, has been
served on all parties of interest by placing the same in the United States mail, first-class postage pre-paid, at
Harrisburg, Pennsylvania on this 27th day of September, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Harford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Certificate Prerequisite to
Service of a Subpoena Pursuant to Rule 4009.22, has been served on all parties of interest by placing the
same in the United States mail, first-class postage pre-paid, at Harrisburg, Pennsylvania on this 21st day of
October, 2002, and addressed as follows:
Irving L. Abramson, Esquire
Law Offices of Irving L. Abramson
One Hafford Lane
Radnor, Pennsylvania 19087
Counsel for Plaintiff
C. Roy Weidner, Esquire
Johnson, Duffle, Stewart & Weidner
301 Market Street
Post Office Box 109
Lemoyne, Pennsylvania 17043
Counsel for Bests Ultra Service, Inc.
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Cemer Plaza
Fifteenth and J.F. Kennedy Boulevard
Philadelphia, Pennsylvania 19102-1722
Counsel for Sunoco
Peters & Wasilefski
Jolin. son, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attomeys for Defendants Bests Ultra Service, Inc.
and Sunoco, Inc. (R&M)
YVONNE MURRAY and
RICK MURRAY, Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC.,
SUNOCO, INC., DAVE SCOTT and
BRENNER CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO WITHDRAW APPEARANCE
AND NOW, thisg'~{ day of April, 2003, withdraw the appearance of the undersigned as attorney of
record for Defendant Sunoco, Inc. (R&M).
FOX GREENBERG, P.C.
1310 Two Penn Center Plaza
15th and JFK Boulevard
Philadelphia, PA 19102-1722
PRAECIPE TO ENTER APPEARANCE
ANDNOW, this //~
day of April, 2003, enter the appearance of the undersigned on behalf of
Defendant Sunoco, Inc. (R&M) in the above captioned action.
:211837
5774-407
JOHNSON, DUFFLE, STEWART & WEIDNER
CERTIFICATE OF SERVICE
AND NOW, this ,///~/'~ day of April, 2003, the undersigned does hereby certify that she did this date
serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Irving L. Abramson, Esquire
One Harford Lane
Radnor, PA 19087
John F. Fox, Jr., Esquire
Fox Greenberg, P.C.
1310 Two Penn Center Plaza
15th and JFK Boulevard
Philadelphia, PA 19102-1722
Thomas A. Lang, Esquire
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110
JOHNSON, DUFFLE, STEWART & WEIDNER
IN TI-W COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
MURRAY, ET AL
Vs.
BESTS ULTRA SVC, ET AL
: NO. 0212515
:
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 C ROY WEIDNER, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3.No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date: 05/27/03
C ROY WEIDNER, ESQUIRE
301 MARKET ST
PO BOX 109
LEMOYNE, PA 17043-0109
717-761-4540
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ~DDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(215) 335-4907
By: Jacqueline Ciarrocchi
File #: M299049
IN. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
MURRAY, ET AL
Vs.
BESTS ULTRA SVC, ET AL
No. 022515
TO: IRVING ABRAMSON
THOMAS LANG
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena<s) identical to
the one(s) attached to this notice. You have twenty (20) days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena.. If no objection is
made the subpoena may be served.
Date: 05/06/03
C ROY WEIDNER, ESQUIRE
301 MARKET ST
PO BOX 109
LEMOYNE, ~k 17043-0109
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LE(~kL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(215) 335-4907
By: Jacqueline Ciarrocchi
Enc(s):
File #:
Copy of subpoena(s)
Counsel return card
M299049
O0UNTY OF
MTJRRAY, ET AL
Vs.
BESTS ULTRA SVC, ET AL
File No.
022515
ORIGINAL X-RAYS REQUESTED
TO:
SUBPOENA TO PROOU(~ ~NT~S (3IR TH I NQS
FOR DISCOVERY PURSUANT TO I~ULE 4009.22,
HERSHEY MED CTR, PO BOX 850, HERSHEY PA 1.7033
ATTN: MEDICAL RECORDS DEPT
(Name of Person oc Entity)
Within twenty (20) days after service of this sub~x~.~na, you are ordered by the court to
produce the followin~ ~t.~ q~t~in~~C~,~.,~.~u * ~~i~
at ~~-EDiCAL LEGAL REPRODUCTIONS, IhC, ~U D~SSTU~ ST., ~n~A., mA
(Address)
You n~y deliver or mail legible copies of the doo~nents or produce things requested
this subpoena, together with the certificate of ccn~liance, to the party makin9 thi~
requeSt at the add~ess listed above. You have the right to seek in advance the reasonable
cost of preparing the co~ies or producing the things sought.
If you fail to produce the docunents oc things required by this subpoena within twenty
(20) days after its service, the party serving this su~amay seek a court
oc~N~e]li~ you to cc~ly with it.
THIS SU~NAWAS laSteD AT TH~ RE(~STO~ TH5 FOtL(I~ING PERSON:
C ROY WEIDNER, ESQ
ADORESS:
TELEPHONE:
SUPREI~COURT ID #
ATTORNEY FOR:
M299049-01
.~ J~3
Seal of the Court
DATE:
30_1 MARKET ST
~'~ PA 17043-0109
215-~3~
19.530
DEFENDANT
BY THE COURT:
Prothonotan~/dl'erk, Civil Division
puty
(Eff. 7/97)
ADDENDUM TO SUBPOENA
MURRAY, ET AL
VS.
BESTS ULTRA SVC, ET AL
No. 022515
CUSTODIAN OF RECORDS FOR: HERSHEYMED CTR
SPECIFICALLY **LIMITED** TO RECORDS FROM 1/1/01 INCLUDING FILMS
FROM DIAGNOSTIC STUDIES SUCH AS X-RAYS, MRIS, ETC.
PERTAINING TO:
NAME: YVONNE MURRAY
ADDRESS: 1550 WILLIAMS GROVE RD LOT 134 MECHANCSB
DATE 0F BIRTH: 12/27/77
SSAN: 202602099
ORIGINAL X-RAYS REQUESTED
ALL FEES MUST BE APPROVED PRIOR TO RECORDS BEING FORWARDED.
RECORD CUSTODIAN - COMPLETE ,AND RETURN
] RECORDS AREATTACHED HERETO:I hereby certify as custodian of
records that, to the'best of my knowledge, information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS
( ) PATIENT BILLING
( ) X-RAYS
( ) RECORDS / XRAYS have been destroyed
Date
CUMBERLAND
M299049-01
Authorized signature for
HERSHEY MED CTR
*** SIGN AND RETURN THIS PAGE ***
- CO~D~5~LTH OF p~SYLVA~UA
COUNTY OF ~
MURRAY, ET AL
VS.
BESTS ULTRA sVc, ET AL
File No.
022515
ORIGINAL x-RAys REQUESTED
TO:
SUBPOENA TO PROOUCE DOCU~NTS OR TH II~
FOR D I SCOVERY PURSUANT TO RULE 4009.22
DR DOUGLAS BREAM, C/O FOOT & ANKLE CTR, 4740 DELBROOK RD
MECHANICSBURG PA 17055
(Name of Person or Entity)
Within twenty (20) days after service of this subpoena, you are ordered by the court to
produce the following doc~rnent~ ~c__~bing$~
~EE ATt A~I-I~I) ADDE~b~v[
at
MEDICAL LEGAL REPRODUCTIONS, ~s 40 DISSTON ST., PHILA., PA
You may deliver or mail legible copies of the do~ents or produce things requested b~
this subpoena, together with the certificate of cx~,~lience, to the party making thi~
request at the address listed above, you have the right to seek in advance the rea~onabl~
cost of preparing the copies or producing the things sought.
If you fail to produce the doct~ents or things required by this subpoena within twenty
(20) days after its service, the party serving thin subpoena may seek a court orde,'
ocx~pelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWI~ PERSON:
C ROY WEIDNER, ESQ
TELEPHONE:
SUPREPE COURT ID #__
A~'FORNEY FOR:
301 _~33_KET ST
~,,~MOkNE, pA~17043-0109
215-335-3212
19530
DEFENDANT
M299049-02
of the Oou~t
BY THE OOURT:
- Prothonotary/~lerk, Civil Division
(Eff. 7/97)
ADDENDUM TO SUBPOENA
MURRAY, ET AL
VS.
BESTS ULTRA SVC, ET AL
No. 0221515
CUSTODIAN OF RECORDS FOR: DR DOUGLAS BREAM
ANY AND ALL OFFICE RECORDS, INCLUDING NOTES, CORRESPONDENCE,
MEMORANDA, X-RAY REPORTS, HISTORY NOTES, INDEX ~RDS AND ANY OTHER
INFORMATION RELATING TO ANY EXAMINATION OR TREATMENT RENDERED TO:
NAME: YVONNE MURRAY
ADDRESS: 1550 WILLIAMS GROVE RD LOT 134 MECHANCSB
DATE OF BIRTH: 12/27/77
SSAN: 202602099
ORIGINAL X-RAYS REQUESTED
RECORDS, INCLUDING FILMS FROM DIAGNOSTIC STUDIES, X-RAYS, MRIS, ETC
CERTIFIED PHOTOCOPIES WILL BE ACCEPTED IN LIEU OF YOUR PERSONAL APPEARANCE.
RECORD CUSTODIAN - COMPLETE A, ND RETURN
] RECORDS AREATTACHED HERETO:I hereby certify as custodian of
records that, to the best of my knowledge, .information and
belief all documents or things above mentioned have been produced.
] NO DOCUMENTS AVAILABLE:I hereby certify that a thorough search
has been made and that no record of the following documents have
been located (CHECK THE APPROPRIATE BOX):
( ) RECORDS
( ) PATIENT BILLING
( ) X-RAYS
( ) RECORDS / XRAYS have been destroyed
Date
CUMBERLAND
M299049-02
Authorized signature for
DR DOUGLAS BREAM
*** SIGN AND RETURN THIS PAGE ***
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I..D. NO. 29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
YVONNE MURRAY and
ATTORNEY FOR PLAINTIFFS
: COURT OF COMMON PLEAS
RICK MURRAY
BESTS ULTRA SERVICE, INC.,
SUNOCO, INC., DAVE SCOTT, and
BRENNER CHRYSLER JEEP, LLC
CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW
_.
: NO. 02-2515 CIVIL
..
: JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by 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 for any other claim or relief requested by
the plaintiff. You may lose money or property or other fights important to you.
YOU SHOULD TAKE THIS PAPER TO A YOUR LAWYER AT ONCE. 1~ 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, PA 17013
(717) 249-3166
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
YVONNE MURRAY and
ATTORNEY FOR PLAINTIFFS
: COURT OF COMMON PLEAS
RICK MURRAY, W/H
V.
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
CUMBERLAND COUNTY, PA
CIVIL ACTION-LAW
NO. 02-2515
JURY TRIAL DEMANDED
AMENDED COMPLAINT
1. Plaintiffs, Yvonne Murray and Rick Murray, are adult individuals residing at 1550
Williams Grove Road, Lot 134, Mechanisburg, PA.
2. Defendant, Bests Ultra Service Center, Inc., is a Pennsylvania corporation organized and
existing under the laws of the Commonwealth of Pennsylvania with offices for purpose of
service at 6025 Carlisle Pike, Mechanicsburg, PA.
3. Defendant, Sunoco, Inc., is a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania with offices for purpose of service c/o C.T. Corp. 1515
Market Street, Suite 1210, Philadelphia, PA.
4. Defendant Dave Scott, is an adult individual with an office for purpose of service c/o
Brenner Chrysler Jeep LLC, 1812-1830 Paxton Street, H~rrisburg, PA.
5. Defendant, Brenner Chrysler Jeep, LLC, is a limited liability company organized and
existing under the laws of the Commonwealth of Pennsylvania with offices for purpose
of service at 1812-1830 Paxton Street, Harrisburg, PA.
6. At all times material to this Complaint the defendant, Bests Ultra Service Center, Inc.,
owned, leased, possessed, managed and/or controlled the premises at 6025 Carlisle Pike,
Mechanicsburg, PA.
7. At all times material to this Complaint the defendant, Straoco, Inc., owned, leased,
possessed, managed and/or controlled the premises at 60:25 Carlisle Pike, Mechanicsburg,
PA.
8. At all times material to this complaint the defendant, Dave Scott, was an employee acting
within the scope and during the course of his employment with the defendant, Brenner
Chrylser Jeep, LLC.
9. At all times material to this Complaint the defendant, Brenner Chrysler Jeep, LLC, was
the owner ora Jeep being operated by Dave Scott on the premises of the defendant, Bests
Ultra Service Center, Inc.
10. At all times material to this Complaint, corporate and limited liability defendants acted or
failed to act through their agents, employees, workmen and/or servants in furtherance of
the business interests of the defendants.
Count I
Yvonne Murray v. Bests Ultra Service Center~ Inc.
11. All of the allegations contained in paragraphs 1 through 10 above are herein incorporated
as if set forth in their entirety below.
12. On or about August 15, 2000, at or about 6:15 p.m., the plaintiff, Yvonne Murray, was
a business invitee on the premises of Bests Ultra Service Center, Inc. located at 6025
Carlisle Pike, Mcchanicsburg, PA when thc aforementioned defendant, Dave Scott,
operating the vehicle owned by defendant, Brenner Chrysler Jeep, LLC, drove his car into
the path of the Plaintiff causing her to move out of his wa:/and in doing so fell on the
broken pavement causing her grievous injury.
13. The defendant's, Bests Ultra Service Center, Inc.'s, negligence consisted more fully in the
following:
a) Creating a dangerous condition and/or allowing a dangerous condition to develop and
to exist in the subject premises;
b) Failure to warn of the existence of a dangerous condition;
c) Failure to properly maintain its property, surface area,, instrumentality and
appurtenance and/or structure to permit safe passage on the premises;
d) Failure to properly supervise maintenance of the property, surface area,
instrumentality, appurtenance and/or structure of the subject premises.
14. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvonne Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiting open
reduction and internal fixation, lateral subluxation of the talus, torn ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
15. Plaintiff has been caused to sustain the loss of life's pleasures.
16. Plaintiff has lost the wages of her employment; her earning capacity has been
permanently impaired.
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Bests Ultra
Service Center, Inc., in a sum in excess of $50,000.00.
COUNT II
Yvonne Murray v. Sunoco~ Inc.
17. All of the allegations contained in paragraphs 1 through 16 above are herein incorporated
as if set forth in their entirety below.
18. The defendant's, Sunoco, Inc.'s, negligence consisted more fully in the
following:
a) Creating a dangerous condition and/or allowing a dangerous condition to develop and
to exist in the subject premises;
b) Failure to wam of the existence of a dangerous condition;
c) Failure to properly maintain its instrumentality and appurtenance and/or structure to
permit safe passage on the premises;
d) Failure to properly supervise maintenance of the instrumentality, appurtenance and/or
structure of the subject premises.
19. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvonne Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiring open
reduction and internal fixation, lateral subluxation of the talus, torn ligaments, multiple
contusions and abrasion, traumatic stress and anxiety andl pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
20. Plaintiffhas been caused to sustain the loss of life's pleasures.
21. Plaintiff has lost the wages of her employment; her earning capacity has been
permanently impaired.
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Sunoco,
Inc., in a stun in excess of $50,000.00.
COUNT III
Yvonne Murra,y v. Dave Scott
22. All of the allegations contained in paragraphs 1 through 21 above are herein incorporated
as if set forth in their entirety below.
23. The defendant's, David Scott's, negligence consisted mo~re fully in the following:
a) Failure to keep his motor vehicle under control;
b) Failure to properly obey traffic signals and yield the right-of-way to others;
c) Failure to keep a proper lookout;
d) Failure to properly regard the rights and safety of plaintiff;
e) Failure to obey highway signage and traffic conditions;
f) Violation of the pertinent provisions of the Pennsylvan~ia Motor Vehicle Code.
24. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvorme Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiring open
reduction and internal fixation, lateral subluxation of the talus, torn ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
25. Plaintiff has been caused to sustain the loss of life% pleasures.
26. Plaintiff has lost the wages of her employment; her earning capacity has been
permanently impaired.
27. Plaintiffelected the limited tort option on her automobile insurance policy in effect on the
date of the instant action, however, full tort is applicable because Plaintiff, Yvonne
Murray, sustained serious and permanent injuries and permanent impairment of a bodily
function (walking and standing) and permanent, severe di[sfigufing scars (left leg).
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Dave Scott,
in a sum in excess of $50,000.00.
COUNT IV
Yvonne Murray v. Brenner Chry, Iser Jeep~ LLC
28. All of thc allegations contained in paragraphs 1 through 27 above are herein incorporated
as if set forth in their entirety below.
29. Thc defendant's, Brenner Chrysler Jeep LLC's, negligence by its employee consisted
more fully in the following:
a) Failure to keep its motor vehicle under control;
b) Failure to properly obey traffic signals and yield the rig~t-of-way to others;
c) Failure to keep a proper lookout;
d) Failure to properly regard the rights and safety of plain'lift;
e) Failure to obey highway signage and traffic conditions;
f) Violation of the pertinent provisions of the Pennsylvania Motor Vehicle Code.
30. Solely as a result of defendant's negligence as aforesaid, plaintiff, Yvonne Murray, was
caused to sustain injuries, including, but not limited to, a fractured tibia requiring open
reduction and internal fixation, lateral subluxation of the talus, tom ligaments, multiple
contusions and abrasion, traumatic stress and anxiety and pain and suffering, for all of
which the plaintiff, Yvonne Murray, has been caused and will continue to be caused to
expend large sums of money for medical treatment.
31. Plaintiff has been caused to sustain the loss of life's pleasures.
32. Plaintiff has lost the wages of her employment; her earning capacity has been permanently
impaired.
33. Plaintiff elected the limited tort option on her automobile i:asurance policy in effect on the
date of the instant action, however, full tort is applicable because Plaintiff, Yvonne
Murray, sustained serious and permanent injuries and pemaanent impairment of a bodily
fimction (walking and standing) and permanent, severe d![sfiguring scars (left leg).
WHEREFORE, plaintiff, Yvonne Murray, demands judgment against defendant, Brenner
Chrylser Jeep, LLC, in a sum in excess of $50,000.00.
COUNT V
Rick Murray v. Bests Ultra Service Center, Inc.
34. All of the allegations contained in paragraphs 1 through 33 are herein incorporated as
if set forth in the entirety below.
35. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wJ. fe, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Bests Ultra
Service Center, Inc., in a sum in excess of $50,000.00.
COUNT VI
Rick Murray v. Sunoco, Inc.
36. All of the allegations contained in paragraphs 1 through 35 are herein incorporated as
if set forth in the emirety below.
37. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Sunoco, Inc., in
a sum in excess of $50,000.00.
COUNT VII
Rick Murray v. Dave Scott
38. All of the allegations contained in paragraphs 1 through 37 arc herein incorporated as
if set forth in the entirety below.
39. As a result of defendant's negligence, Plaintiff, Rick Murray, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Dave Scott, in a
sum in excess of $50,000.00.
COUNT VIII
Rick Murray v. Brenner Chrysler Jeep~ LLC
40. All of the allegations contained in paragraphs 1 through 39 are herein incorporated as
if set forth in the entirety below.
41. As a result of defendant's negligence, Plaintiff, Rick Mmxay, has been caused to
lose the society, companionship and consortium of his wife, Yvonne Murray, to
which he is legally entitled.
WHEREFORE, plaintiff, Rick Murray, demands judgment against defendant, Brenner
Chrysler Dodge, LLC, in a sum in excess of $50,000.00.
IRVlN(~ L. ABRAMSON, ESQUIRE
Attorney fer Plaintiffs
VERIFICATION
IRVING L. ABRAMSON, ESQUIRE hereby states that he is the attorney representing
the Plaintiffs in this matter and verifies that the statements made in the foregoing are tree
and correct to the best of his knowledge, information and be]lief. The undersigned
understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unswom falsification to authorities.
IRVEq'GIL./I~RAMSON, ESQUIRE
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
YVONNE MURRAY and
ATTORNEY FOR PLAINTIFFS
: COURT OF COMMON PLEAS
RICK MURRAY, W/H
V.
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
:
: NO. 02-2515
: JURY TRIAL DEMANDED
_.
STIPULATION
It is hereby stipulated among the parties that the Plaintiffs may amend their Complaint to
reflect that they elected the limited tort option on their motor vehicle insurance policy in effect on
~t'~ c,~'/~/~.'~t~ t'.~ f~,~,F~
the date of the instant action. However, full tort is applicable because Plaintiff, Yvonne Murray,
A
sustained serious and permanent injuries and permanent impairment of a bodily function
(walking and standing) and permanent, severe disfiguring scars (left leg). /t/~ /t~7~/#e~' 15
IRVI~/,IG L. ABRAMSON, ESQUIRE THOMAS ti. L~RE
Attorney for Plaintiffs Attorney.~ffJ~fendant~ Dave Scott and
Brenner Ctu~sler Jeep, LLC
C. R~y ~Veidner, Jr., ,~uire
Attorney for Bests Ultra Service, Inc.
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
ATTORNEY FOR PLAINTIFFS
: COURT OF COMMON PLEAS
YVONNE MURRAY and
RICK MURRAY, W/It
V.
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
: NO. 02-2515
: JURY TRIAL DEMANDED
;
MOTION TO COMPEL PRODUCTION OF CORPORATE DESIGNEE
FROM DEFENDANT~ SUNOCO~ INC.~ FOR DEPOSITION
1. The Complaint in the instant action was filed on May 22, 2002.
2. Notices for deposition were served on all the parties of this action for deposition for
September 11, 2003 to bc held at the offices of counsel for defendants, Sunoco, Inc. and Bests
Ultra Service, Inc.
3. The Notice for Deposition directed to Sunoco, Inc. for a "representative of Sunoco,
Inc." who Plaintiff intended to question with respect to the franchise and lease agreement
between Sunoco, Inc. and its franchisee, Bests Ultra Service, Inc., to determine responsibility for
repair of a defect in the parking lot surface at the subject gas station to which Plaintiff attributed
the cause of her fall and injuries and which formed the basis fbr her Complaint.
4. Defendant, Sunoco, Inc., produced a sales representative who was not authorized to
speak for Sunoco, Inc. especially with respect to responsibility of the franchiser and franchisee
under their agreement to maintain the subject premises in a safe condition.
5. The Plaintiff declined to examine Sunoco, Inc.'s sales representative as he was not
knowledgeable with regard to the franchise and lease agreement ~md could not speak with
authority for Sunoco, Inc.
6. Defendant, Sunoco, Inc., refuses to produce an authorized representative from Sunoco,
Inc. to address these issues which are at the core of Plaintiffs' Complaint concerning the identity
of the party responsible for repair of the subject premises.
7. Such discovery is a necessary element of the Plaintiffs' case and Plaintiffs would be
severely prejudiced without this information.
WHEREFORE, Plaintiff requests that the defendant, Stmoco, Inc., be ordered to produce
a corporate designee knowledgeable
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
ATTORNEY FOR PLAINTIFFS
YVONNE MURRAY and
RICK MURRAY, W/H
V.
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
:
: NO. 02-2515
: JURY TRIAL DEMANDED
..
MEMORANDUM OF LAW IN SUPPORT OF MOTION TO COMPEL
PRODUCTION OF CORPORATE DESIGNEE FROM DEFENDANT~
SUNOCO~ INC.~ FOR DEPOSITION
Delineation of the responsibilities between the franchiser and the franchisee with
respect to care and maintenance of the subject property on which the Plaintiff fell is
precisely the type of topic of inquiry contemplated by the Rules of Civil Procedure for the
conduct of discovery subject to inquiry. There is certainly no bar to discovery of this type
of information which is, in fact, central to this case and particularly relevant with respect
to the roles of Comparative Negligence to which this claim is subject.
mV~,{IG L. ABRAMSON, ESQUIRE
Attorney for Plaintiffs
VERIFICATION
IRVING L. ABRAMSON, ESQU1RE hereby states that he is the attorney representing
the Plaintiffs in this matter and verifies that the statements made in the foregoing are true
and correct to the best of his knowledge, information and belief. The undersigned
understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unswom falsification to authorities.
IRV'alff{3'L. ~BRAMSON, ESQUIRE
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the attached document has been
served upon the following parties by first class pre-paid mail this 29th day of September,
2003:
C. Roy Weidner, Esquire
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Thomas A. Lang, Esquire
PETERS & WASILEFSKI
2931 North Front Street
Harrisburg, PA 17110-1280
L. A~4RAMSON, ESQ.
Attorney for Pltaintiffs
YVONNE MURRAY
and RICK MURRAY,
Plaintiffs
BESTS ULTRA :
SERVICE, INC., :
SUNOCO, INC., DAVE :
SCOTT and BRENNER :
CHRYSLER JEEP, :
LLC, :
Defendants :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW'
NO. 02-2515 CIVIL TERM
ORDER OF COURT
AND NOW, this 6t~ day of October, 2003, upon consideration of Plaintiffs'
Motion To Compel Production of Corporate Designee from Defendant, Sunoco, Inc., for
Deposition, a Rule is hereby issued upon Defendant Sunoco, Inc., to show cause why the
relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
Irving L. Abramson, Esq.
One Hartford Lane
Radnor, PA 19087
Attorney for Plaintiffs
C. Roy Weidner, Esq.
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
BY THE COURT,
J~esley Ole ,~J~.,- J.
Thomas A. Lang, Esq.
2931 North Front Street
Harrisburg, PA 17110-1280
:rc
~ohnson, Duffle, Stewart & Weidner
By: C. Roy Weidncr, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
YVONNE MURRAY and
RICK MURRAY, Wife and Husband,
Plaintiffs
V.
BESTS ULTRA SERVICE, INC.,
SUNOCO, INC.(R&M), DAVE SCOTT and
BRENNER CHRYSLER JEEP, LLC,
Defendants
Attorneys for Defendants Bests Ultra Serv[ce,
and Sunoco, Inc. (R&M)
1. Admitted.
IN' THE COURT OF COMMON PLEA:
CUMBERLAND COUNTY, PENNSYL\
NO. 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANT SUNOCO, INC. 'S ANSWER TO
PLAINTIFFS' MOTION TO COMPEL PRODUCTION
OF CORPORA TE DESIGNEE FOR DEPOSITION
2. Denied. On the contrary, the notice of deposition referred to speaks for itself and
thereof is attached hereto and incorporated by reference herein as Exhibit "A".
herein.
Denied. The deposition notice comprising Exhibit "A" hereto is incorporated by ref
4. Admitted. By way of further answer, the averments of new matter are incorpora
reference herein and the agreements speak for themselves in regard to the responsibility of the pal
maintain the premises.
5. Admitted.
6. Admitted. By way of further answer, the averments of new matter are incorporal
reference herein.
~ OF
ANIA
copy
Defendants Bests Ultra Service, Inc. and Sunoco, Inc. have a commonality of interest in liability
claims of Plaintiff, which are denied.
/
Denied.
On
the
contrary
and
without
admitting any liability on the part of either party,
for any
NEW MA TTER
8. As the subject depositions were being scheduled, the offices of Plaintiffs' counsE
message with the offices of the undersigned that they would like to depose a "representative of Sun~
the driver of the jeep when we do the depositions of the Plaintiff".
9. The subject matter of the Sunoco deposition was not specified nor were any steps t
describe with reasonable particularity the matters to be inquired into and the materials to be produc,
Sunoco witness in accordance with Pa. R.C.P. 4007.1(e).
10. Thereafter, attempts by the undersigned s off'cas were made to ascertain that informat
the offices of Plaintiff's counsel would only say "someone from [he real estate department who dE
leases or has knowledge of the leases."
11. The agreement between Defendant Sunoco and Defendant Bests Ultra Service consi.,
Dealer Franchise Agreement made up of multiple parts and 63 pages, a copy of which had previousl
supplied in answers to discovery.
left a
-"o and
~ken to
;d by a
on, but
,es the
ts of a
12. On or about August 20, 2003, after repeated requests by the office of Plaintiffs' cour
the name of an individual who would testify for Sunoco so that a deposition notice could be sent
offices of the undersigned supplied to the office of Plaintiffs' counsel the name of Greg DiQuattro.
13. By notice dated April 25, 2003, Plaintiffs' counsel noticed Mr. DiQuattro, as per Exh
again without describing with reasonable particularity the matters to be inquired into and the mated
)roduced and instead stating "the scope of the examination is to substantially aid in the trial of this
)rovided for in the Rules."
14. The matters complained of in Plaintiffs' motion are solely the result of Plaintiffs' cou
failure to follow the procedures set forth in Pa. R.C.P. 4007.1(e).
:219192
5774-407
WHEREFORE, Defendant Sunoco, Inc. moves that Plaintiffs' motion be dismissed or, alterna
That Plaintiffs be required to strictly comply with the requirements and procedures se1
Pa. R.C.P. 4007.1(e);
That Plaintiffs be required to pay the costs and expenses of attendance at the depos
any additional Sunoco witnesses by counsel and the witnesses.
JOHNSON, DUFFLE, STEWART & WEIDNER
C. Roy Weidner, Jr.
ively:
forth in
tions of
CERTIFICATE OF SERVICE
AND NOW, this 2~'day of October, 2003, the undersigned does hereby certify that she did t
serve a copy of the foregoing answer upon the other parties of record by causing same to be depositE
United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Irving L. Abramson, Esquire
One Harford Lane
Radnor, PA 19087
Thomas A. Lang, EsquirE;
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110
:219192
5774-407
JOHNSON, DUFFLE, STEWART & WEIDN
r~i~helle Hagy - -
qis date
in the
IRVING L. ABRAMSON, ESQUIRE
ATTORNEY I.D. #29293
ONE HARFORD LANE
RADNOR, PA 19087
(610) 964-7611
YVONNE MURRAY and
RICK MURRAY, W/H
BESTS ULTRA SERVICE, INC., SUNOCO,
INC., DAVE SCOTT and BRENNER
CHRYSLER JEEP, LLC
RECEIVED
JO Nso
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: CIVIL ACTION-LAW
:
: NO. 02-2515
: JURY TRIAL DEMANDED
:
TO:
C. Roy Weidner, Esquire
301 Market S~reet
P.O. Box 109
Lemoyne, PA 17043-0109
NOTICE OF DEPOSITION
PLEASE TAK~ NOTICE that the deposition of the defendant's, Sunoco Inc., representative,
GREG DIQUATTRO, will be taken on oral examination by the plaintiff's attorney, Irving L.
Abramson, Esquire, at the law offices of Johnson, Duffle, Stewart & Weidner, 301 Market Street,
Lemoyne, PA on Thursday, September 1 I, 2003, at 10:00 a.m. pursuant to the Rules &Civil
Procedure, before an officer authorized by the laws of the Commonwealth of Pennsylvania to
administer oaths. The scope of the examination is to substantially aid in the trial of this case as
provided for in the Rules.
Dated:
I~VI/ilG L. ABRAMSON, ESQUIRE
Attorney for Plaintiffs
YVONNE MURRA5
and RICK MURRAY
Plaintiffs
BESTS ULTRA
SERVICE, INC.,
SUNOCO, 1NC., DA
SCOTT and BRENN
CHRYSLER JEEP,
LLC,
Defendants
AND NOW
Motion To Compel
Deposition, and De
Production of Cot
scheduled for Mc
Cumberland Count'
Irving L. Abramse
One Hartford Lane
Radnor, PA 19087
Attorney for Plainti
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ER
NO. 02-2515 CIVIL TERM
ORDER OF COURT
this 29th day of October, 2003, upon consideration of Plaintiffs'
~roduction of Corporate Designee from Defendant, Sunoco, Inc., for
.,ndant's Sunoco, Inc.'s Answer ~o Plaintiffs' Motion To Compel
rate Designee for Deposition, a discovery conference~hearing is
a.m., in Courtroom No. 1,
day, November 24, 2003, at 9:30
Courthouse, Carlisle, Pennsylvania.
, Esq.
BY THE COURT,
J.~esley er'~rr., J.
C. Roy Weidner, Est
301 Market Street
P.O. Box 109
Lemoyne, PA 17043
Thomas A. Lang, Es
2931 North Front St~
Harrisburg, PA 171
:re
)109
eet
-1280
YVONNE MURRAY
and RICK MURRAY,
Plaintiffs
BESTS ULTRA SERVICE,
SUNOCO, INC., DAVE SCOTT
and BRENNER CHRYSLER JEEP:
LLC,
Defendants :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
INC.:
CIVIL ACTION - LAW
No. 02-2515 CIVIL TERM
ORDER OF COURT
AND NOW, this 24th day of November, 2003,
upon consideration of Plaintiffs, Motion To Compel
Production of Corporate Designee from Defendant, Sunoco,
Inc., for Deposition, and following a discovery conference
in chambers of the undersigned judge a'~ which Plaintiffs.
counsel did not appear, Defendants Bests Ultra Service,
Inc., and Sunoco, Inc., were represented by C. Roy Weidner,
Esquire, and Defendants Dave Scott and Brenner Chrysler
Jeep, LLC, were represented by Thomas A. Lang, Esquire, and
the Court having been unsuccessful in contacting Plaintiffs,
counsel, and having waited more than half an hour to
facilitate his attendance, Plaintiffs, motion is denied, and
counsel are requested to attempt to amicably resolve the
issue raised in Plaintiffs. motion with respect to a
corporate designee for Sunoco, Inc.
Irving L. Abramson,
One Harford Lane
Radnor, PA 19087
For the Plaintiffs
By the Court,
EsquiJ'/~sleyr~ Oler,~., 'J. ~
C. Roy Weidner, Esquire ·
301 Market Street ~
P.O. Box 109
Lemoyne, PA 17043-0109
For Defendants Bests Ultra Service, Inc.,
and Sunoco, Inc.
Thomas A. Lang, Esquire
2931 North Front Street
Harrisburg, PA 17110-1280
For Defendants Dave Scott and Brenner Chrysler Jeep,
LLC
wcy
MARGARET M. KIPPS
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA.
: NO. 02-2542
JEFFREY A. KIPPS
: CIVIL ACTION - LAW
Defendant : IN DIVORCE
DATE:
ACCEPTANCE OF SERVICE
I, Herbert C. Goldstein, Esquire, attorney for Defendant,
Jeffrey A. Kipps, in the above-captioned action in divorce, hereby
affirm and accept service of the Complaint in divorce filed herein
on May 24, 2002, which service is accept~ stated
below.
Hel~bertC. Gol~
/ H~. · Goldstein, Esq.
~ Attorney for Defendant,
Jeffrey A. Kipps
MAROARET M .KIPPS : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 02 - 2542
JEFFREY A. KIPPS
Defendant
: CIVIL ACTION -LAW
: DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the Record, together with the following information, to the Court for the entry
of a divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section (x) 3301 (c)
( ) 3301(d)(1) of the Divorce Code.
2. Date and manner of service of the Complaint: May 28, 2002; see attached Acceptance
of Service.
3. Complete either paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the
Divorced: by Plaintiff on 2/3/04; and by Defendant on 2/3/04.
(b) (1) Date of execution of the affidavit required by Section 3301 (d) of the
Divorce Code: (2) Date of filing and service of plaintiff s affidavit upon
the Defendant
4. Related claims pending: None.
DATE:
5. Complete either paragraph (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit
Record, a copy of which is attached:
(b) Date plaintiffs Waiver of Notice was filed with the prothonotary: 2/5/04.
(c) Date defendant's Waiver of Notice was filed with the prothonotary: 2/5/04.
James W. Abraham, Esquire
2157 Market Street
Camp Hill, PA 17011
(717) 763-1700
/t~/u/~-/' ~t Attorney for Plaintiff,
Magaret M. Kipps
1N THE COURT OF COMMON
OF CUMBERLAND COUNTY
STATE Of ~. PENNA.
MARGARET M. KIPPS
VERSUS
JEFFREY A. KIPPS
PLEAS
NO. 02 - 2542
DECREE iN
DIVORCE
ANd NOW,
DECREED THAT
AND
MARGARET M. KIPPS
JEFFREY A. KIPPS
2004
, IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
BY THE URT:
ATT~/~/~/" ~/~
PROTHONOTARY
J~hnson, Duffle, Stewart & Weidner
By: C. Roy Weidner, Jr.
I.D. No. 19530
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendant Bests Ultra Service, Inc.
YVONNE MURRAY and
RICK MURRAY, Wife and Husband,
Plaintiffs
BESTS ULTRA SERVICE, INC.,
SUNOCO, INC., DAVE SCO'i-I' and
BRENNER CHRYSLER JEEP, LLC,
Defendants
IN THE COURT OF COMMON PLEAS OF
CLIMBERLAND COUNTY, PENNSYLVANIA
NO. 02-2515 CIVIL
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE TO SETTLE AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above captioned action settled, discontinued and dismissed with prejudice, including
all counterclaims, crossclaims and joinders of additional parties.
By:
Attorney for Defendant Bests Ultra Service, Inc.
and Su~3oco, Inc.
PETERSS.~ASILEFSKI
Thomas~A,~--a~
A~y for Defendants Dave Scott and
JBrenner Chrysler Jeep, LLC
DISCONTINUANCE CERTIFICATE
:237377
suit has been marked as a~ove
PROTHONOTAI~y ~
directed.
CERTIFICATE OF SERVICE
AND NOW, this 6th day of January, 2005, the undersigned does hereby certify that she did this date
serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the
United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Irving L. Abramson, Esquire
One Harford Lane
Radnor, PA 19087
Thomas A. Lang, EsquirE;
Peters & Wasilefski
2931 North Front Street
Harrisburg, PA 17110
JOHNSON, DUFFLE, STEWART & WEIDNER
2 '
~M~helle R.-,~p~ngler - / J