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HomeMy WebLinkAbout02-2941DONALD I. HESS, and DOLORES J. HESS, his wife, Plaintiffs VS. ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL-PRO FREIGHT CARR/ERS, INC., and PAUL SINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DONALD I. HESS, and DOLORES J. HESS, his wife, Plaintiffs VS. ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL-PRO FREIGHT CARRIERS, INC., and PAUL SINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT NOW COMES the Plaintiffs, Donald I. Hess and Dolores J. Hess, by and through their attorneys, TOMASKO & KORANDA, P.C., and flies the following Complaint against Defendant, All Pro Freight Systems, Inc., a/k/a All-Pro Freight Carriers, Inc., and Paul Singer, averting: Parties 1. Plaintiffs, Donald I. Hess and Dolores J. Hess, are adult individuals residing at R.D. 1, Loysville, Perry County, Pennsylvania, 17047. At all times relevant hereto, Plaintiffs have been husband and wife. 2. Defendant, All Pro Freight Systems, Inc., a/k/a All-Pro Freight Carriers, Inc. ("All Pro"), is a corporation authorized and existing under the laws of the State of Ohio, and having its principal place of business at 1200 Chester Industrial Parkway, Avon, Ohio, 44011. 3. Defendant, Paul Singer, is an adult individual who, at all times relevant hereto, was employed by All Pro, and who may be served process at 1200 Chester Industrial Parkway, Avon, Ohio, 44011. Venue and Jurisdiction 4. Venue is proper in this judicial district pursuant to Rules 1006 and 2179 of the Pennsylvania Rules of Civil Procedure. 5. The amount in controversy claimed by Plaintiffs in the instant action exceeds the jurisdiction limit requiring compulsory arbitration pursuant to the Local Rules of this Court. Factual Back round 6. At all times relevant hereto, Plaintiff, Donald I. Hess, was employed as a foreman by ECD, otherwise known as Eastern Consolidated Freight, at its distribution facility at 470 Terminal Street, Camp Hill, Cumberland County, Pennsylvania, and was acting within the course and scope of that agency and/or employment. 7. At all times relevant hereto, Defendant, Paul Singer, was employed by Defendant, All Pro, as a commercial truck driver, and was acting within the course and scope of that agency and/or employment. 8. On June 30, 2000, at approximately 3:00 p.m., Plaintiff, Donald I. Hess, was inside a trailer owned by Defendant, All Pro, and operated by Defendant, Paul Singer, at the aforementioned.distribution facility. As Plaintiff, Donald I. Hess, was supervising another ECD employee loading freight onto the trailer, Defendant, Paul Singer suddenly and without warning entered the tractor and pulled the vehicle away from the loading dock, causing a forklift inside the trailer to topple and strike Plaintiff, Donald I. Hess (hereinafter, the "incident"), and resulting in the injuries and damages set forth herein. -2- forth below. 10. Count I Plaintiff, Donald Hess vs. Defendant, Paul Singer Paragraph Nos. 1 through 8 are incorporated herein by reference as if fully set At the time of the incident, Defendant, Paul Singer, knew, or in the exercise of reasonable care, should have known, that one (1) or more individuals, including Plaintiff, Donald I. Hess, was still inside the aforementioned trailer, and that the trailer was still attached to the dock plate. Additionally, moments before the incident, Defendant, Paul Singer, was specifically advised by ECD dispatcher Ray Heverlong that he did not have clearance to leave the loading dock since his trailer was still being loaded. 11. The incident occurred solely as the result of the negligence, recklessness and carelessness of Defendant, Paul Singer, individually and as agent, servant or employee of Defendant, All Pro, and was due in no manner whatsoever to any act or failure to act on the part of Plaintiff, Donald I. Hess. 12. The negligence, recklessness and carelessness of Defendant, Paul Singer, individually and as agent, servant or employee of Defendant, All Pro, consisted of the following: (a) Operating a motor vehicle in willful and wanton disregard for the safety of persons or property; (b) Operating a motor vehicle in a reckless manner; (c) Operating a motor vehicle in careless disregard for the safety of persons or property; (d) Operating a motor vehicle without first ascertaining whether persons where inside the trailer; (e) Failing to operate a motor vehicle in such a manner as to avoid causing personal injury to Plaintiff, Donald I. Hess, and others similarly situated. 13. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Paul Singer, individually and as agent, servant or employee of Defendant, All Pro, Plaintiff, Donald I. Hess, suffered injuries to his upper extremities, including a left rotator cuff tear, and contusions and abrasions to his arms, right rib cage and left foot, some of which may be permanent, for which a claim is hereby made. 14. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Paul Singer, individually and as agent, servant or employee of Defendant, All Pro, Plaintiff, Donald I. Hess, has required medical treatment and has incurred expenses in connection therewith for medicines, medical care, hospitalization and other medical services for which a claim is hereby made. Additionally, pursuant to Section 319 of the Workers' Compensation Act, 77 P.S. § 671, Plaintiff, Donald I. Hess, hereby makes a claim against Defendant, Paul Singer, individually and as agent, servant or employee of Defendant, All Pro, for all medical benefits and expenses paid or to be paid by his employer's workers' compensation insurer, Cincinnati Insurance Companies, as a direct and proximate result of the incident. 15. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Paul Singer, individually and as agent, servant or employee of Defendant, All Pro, Plaintiff, Donald I. Hess, has suffered in the past and may in the future continue to suffer excruciating and agonizing aches, pains, mental anguish, humiliation, embarrassment, disfigurement and deformities for which a claim is hereby made. 16. As a direct and proximate result of the negligence, carelessness and recklessness of Defendant, Paul Singer, individually and as agent, servant or employee of Defendant, All Pro, -4- 17. forth below. 18. Plaintiff, Donald I. Hess, has in the past been and may in the future be disabled from performing his usual duties, occupations, and avocations with a consequent loss of earnings, earning power and earning potential for which a claim is hereby made. Additionally, pursuant to Section 319 of the Workers' Compensation Act, 77 P.S. § 671, Plaintiff, Donald I. Hess, hereby makes a claim against Defendant, Paul Singer, individually and as agent, servant or employee of Defendant, All Pro, for all indemnity benefits paid or to be paid by his employer's workers' compensation insurer, Cincinnati Insurance Companies, as a direct and proximate result of the incident. WHEREFORE, Plaintiff, Donald I. Hess, demands damages of Defendant, Paul Singer, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Count II Plaintiff, Dolores J. Hess vs. Defendant, Paul Singer Paragraph Nos. 1 through 16 are incorporated herein by reference as if fully set As a direct and proximate result of the above-described negligence, recklessness and carelessness of Defendant, Paul Singer, individually and as agent, servant or employee of Defendant, All Pro, Plaintiff, Dolores J. Hess, has in the past been and may in the future be denied the consortium and services of her husband, Plaintiff, Donald I. Hess, for which a claim is hereby made. WHEREFORE, Plaintiff, Dolores J. Hess, demands damages of Defendant, Paul Singer, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. -5- 19. forth below. 20. Count III Plaintiffs, Donald I. Hess and Dolores J. Hess vs. Defendant, All Pro Paragraph Nos. 1 through 18 are incorporated herein by reference as if fully set At all times relevant hereto, Defendant, Paul Singer, was acting as the agent, servant and/or employee of Defendant, All Pro, and was operating the motor vehicle in question with its knowledge or consent, express or implied. 21. Defendant, All Pro, is jointly and severally liable for the aforementioned negligence, recklessness and carelessness of Defendant, Paul Singer, and for the aforementioned injuries and damages caused by Defendant, Paul Singer. WHEREFORE, Plaintiffs, Donald I. Hess and Dolores J. Hess, demand damages of Defendant, All Pro, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 By: e~~~~, MICHAEL A. KORANDA PA ID #58808 -6- VERIFICATION I verify that the statements made in the attached COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties o£18 Pa. C.S. §4904 relating to unswom falsification to authorities. DATED: DONALD I. HESS DOLORES J. HESSr/ SHERIFF'S RETURN - U.S. CASE NO: 2002-02941 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HESS DONALD I ET AL VS. ALL PRO FREIGHT SYSTEMS INC ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,ALL PRO FREIGHT SYSTEMS INC , AKA ALL PRO FREIGHT CARRIERS by United States Certified Mail postage prepaid, on the 19th day of June ,2002 at 0000:00 HOURS, at 1200 CHESTER INDUSTRIAL PARKWY AVON, OH 44011 and attested copy of the attached COMPLAINT & NOTICE with receipt card was signed by DOREEN M (LAST NAME 06/21/2002 Additional Comments: , a true Together The returned ILLEGIBLE) on Sheriff's Costs: Docketing 18.00 Cert Mail 4.17 Affidavit .00 Surcharge 10.00 .00 32.17 Paid by TOMASKO & KORANDA Sworn and subscri~d to before me this ~ day of ~ ~6~2_ A.D. ! P~o~honotary ! So answe~r,~: . . _ j~ ~ Sheriff of Cumberland County on 06/25/2002 SHERIFF'S RETURN - U.S. CASE NO: 2002-02941 P COMMONq~EALTH OF PENNSYLVANIA COUNTY OF CUMBERIJIND HESS DONALD I ET AL VS. ALL PRO FREIGHT SYSTEMS INC ET CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,SINGER PAUL , by United States Certified Mail postage prepaid, on the 19th day of June ,2002 at 0000:00 HOURS, at 1200 CHESTER INDUSTRIAL PARKWY AVON, OH 44011 and attested copy of the attached COMPLAINT & NOTICE with receipt card was signed by DOREEN M 06/21/2002 Additional Comments: , a true Together The returned (LAST NAME ILLEGIBLE) on Sheriff's Costs: Docketing Cert Mail Affidavit Surcharge 6 00 4 17 00 10 00 00 20 17 Paid by TOMASKO & KOR3kNDA Sworn and subscri~d to before me this ~ day of ~ ~o2~ A.D. ~rdthonotary ' ' ' So ans.~s: /~/~ R. Thomas Kline Sheriff of Cumberland County on 06/25/2002 GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS DONALD J. HESS, and DOLORES J. HESS, His wife, Plaintiffs Vo ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL PRO FREIGHT CARRIERS, INC., and PAUL SINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2941-CIVIL CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as Counsel for the Defendants in the above-captioned matter. Date: ~ ~'-o ~ By: Gregos~. Cassimatis, Esquire Counsel for the Defendant, All Pro Freight Systems, Inc. GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS, All Pro Freight Carders, Inc. DONALD J. HESS, and DOLORES J. HESS, His wife, Plaintiffs Vo ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL PRO FREIGHT CARRmRS, INC., and PAUL SINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2941-CIVIL CIVIL ACTION - LAW AGREEMENT PURSUANT TO RULE 237.2 TO EXTEND TIME TO PLEAD FOLLOWING TEN-DAY NOTICE It is agreed that the Defendants are granted an extension of time through September 26, 2002 in which to file: 1. A Complaint; 2. ~ An Answer; or, After the above date, a Judgment of Non Pros or by Default, as may be appropriate, may be entered upon Praecipe without further notice. Date: Attomey for Plaintiff Attg~f~or Defendants CERTIFICATE OF SERVICE AND NOW, this ~--'~ day of ,.-~,~gar, 2002, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, All Pro Freight Systems, Inc., hereby certify that I served a copy of the within Praecipe for Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 Date: By: Gregory'S. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Meehanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS DONALD J. HESS, and DOLORES J. HESS, His wife, Plaintiffs Vo ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL PRO FREIGHT CARRIERS, INC., and PAUL SINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2941-CIVIL CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please file the attached Agreement Pursuant to Rule 237.2 to Extend Time to Plead Following Ten-Day Notice in the above matter. Date: Grego~Cassimatis, EsqUire Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this 54'~_ day of .f.e,,,/e.~go- , 2002, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, All Pro Freight Systems, Inc., hereby certify that I served a copy of the within Praecipe for Filing Agreement for Extension of Time on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 Date: By: Grego ~L3~.. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Meehanicsburg, PA 17055 717,791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, Paul Singer DONALD J. HESS, and DOLORES J. HESS,: His wife, : Plaintiffs ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL PRO FREIGHT CARRIERS, INC., and PAUL SINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA *o-~;~/6'~ ~/~c~. - , 'r/ff. r-o .4 A WRfTTEN I~ES. PONsE' TO THE NO. 02-2941-C1¥~ :;-, ~AI~ST YOU. CIVIL ACTION - LAW DEFENDANT~ PAUL SINGER'S PRELIMINARY OBJECTION TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Paul Singer, by and through his counsel, Gregory E. Cassimatis, Esquire, and files the following Preliminary Objection to Plaintiffs' Complaint and avers as follows: 1. Plaintiffs filed their Complaint with the Cumberland County Prothonotary on June 19, 2002. See a tree and correct copy of Plaintiffs' Complaint which is attached hereto, made a part hereof and marked Exhibit "A". 2. On June 21, 2002, Plaintiffs' Complaint was served on Defendant, All Pro Freight Systems, Inc., by certified mail at 1200 Chester Industrial Parkway, Avon, Ohio 44011. See a tree and correct copy of the Proof of Service filed with the Cumberland o County Prothonotary which is attached hereto, made a part hereof and marked Exhibit On June 21, 2002, Plaintiffs' Complaint was served on Defendant, Paul Singer (herein after referred to as "the moving Defendant") by certified mail at 1200 Chester Industrial Parkway, Avon, Ohio 44011. See a true and correct copy of the Pr, of of Service filed with the Cumberland County Prothonotary which is attached hereto, made a part hereof and marked Exhibit "C". Plaintiff's Complaint alleges that the moving Defendant is an adult individual who, at all times relevant hereto, was employed by [Defendant] All Pro, and who may be served process at 1200 Chester Industrial Parkway, Avon, Ohio 44011. See Paragraph 3 of Plaintiffs' Compl~fint. On August 27, 2002, Plaintiffs forwarded a Notice of Intent to Enter Default Judgment to Defendant, All Pro Freight Systems, Inc. and the moving Defendant, addressed to 1200 Chester Industrial Parkway, Avon, Ohio 44011. See a true and correct copy of Plaintiffs' Notice of Intent to Enter Default Judgment which is attached hereto, made a part hereof and marked Exhibit "D". On September 3, 2002, counsel for the moving Defendant received an assignment to defend the moving Defendant ~om the insurance carder for Co-Defendant All Pro Freight Carriers, Inc. Since a 10 Day Notice of Intent to Enter Default Judgment had already been mailed by counsel for the Plaintiffs, counsel for the moving Defendant and Co-Defendant, All Pro Freight Systems, Inc. prepared an Agreement Pursuant to Rule 237.2 to Extend Time to Plead Following 10 Day Notice. See a true and correct copy of said agreement which is attached hereto, made a part hereof and marked Exhibit "E". 8. Plaintiffs' counsel agreed to an extension of time as to an Answer to the Complaint. See Agreement attached as Exhibit "E". 9. After filing the Agreement with the court, counsel for the moving Defendant learned that the moving Defendant was served by certified mail at 1200 Chester Industrial Parkway, Avon, Ohio, which is the address of Co-Defendant, All Pro Freight Systems, Inc., the alleged employer of the moving Defendant, and was thus not properly served with the Complaint in this matter. PREI,IMINARY OBJECTION DUE TO IMPROPER SERVICE OF COMPLAINT 10. Paragraphs 1-8 above are incorporated herein by reference as if fully set forth at length. 11. Pa.R.C.P. Rule 404 authorizes service by certified mail on out-of-state Defendants and provides that original process shall be served outside the Commonwealth of Pennsylvania within 90 days of the filing of the Complaint. 12. Pa.R.C.P. 404 authorizes service by certified mail on out-of-state Defendants pursuant to Pa.R.C.P. 403 which provides that "a copy of the process shall be mailed to the Defendant by any form of mail requiring a receipt signed by the Defendant or his authorized agent." 13. Plaintiffs' Complaint against Defendant, All Pro Freight Systems, Inc. and the moving Defendant was served on Doreen Hammon, an employee of Co-Defendant, All Pro Freight Systems, Inc. by certified mail. See attached Exhibits "B" and "C", respectively. 14. Pa.R.C.P. 403 does not permit service of process to be made by mail at one's place of employment. See Goodrich Amram § 403:1, page 48. The signature of a secretary is insufficient. Barrett v. City of Allentown, 152 F.R.D. 46 (E.D. Pa. 1993). 15. Pa.R.C.P. 404 also permits service outside the Commonwealth of Pelmsylvania in the manner provided by the law of the jurisdiction in which the service is made for service in an action in any of its courts of general jurisdiction. 16. Rule 4.2 of the Ohio Rules of Civil Procedure provides that service of process, accepts service by publication provided in Rule 4.4(a) shall be made upon an individual, other than a person under sixteen years of age or an incompetent person, by serving the individual. See attached a tree and correct copy of Rule 4.2 of the Ohio Rules of Civil Procedure which is attached hereto, made a part hereof and marked Exhibit "F". 17. Service of process upon the moving Defendant did not conform to Ohio law. 18. Plaintiffs' service of the Complaint is improper and/or otherwise falls to conform to law or rule of court and, therefore, should be stricken as the courts lack jurisdiction over the moving Defendant. WHEREFORE, Defendant, Paul Singer respectfully requests that service of the Complaint against him be stricken as the court lacks jurisdiction over said Defendant. Date: %.2 5--02 By: Gr~gory-~-'~ assimatis, Esquire Attorney for the Defendant, Paul Singer Exhibit A BONAI.,I~ I,. I1BS~, and DOLORE,~ 1', 1-1I.?,,~S, l'd~ Pluin~li]b IN TH'B COURT OF COMIViC)I~/PLI2AS C'UMIB{BI~LANB COUNTY, PRNI~S~q~V ANTA ~,' .............. .., AI,L PRO FP,.I3IGIr£ .qY.qTILMS, lN_g.=___~. ............................ ~ ..... ~Y~~~I~, : 1NC-, and PA[JL-$1NORR, : ,' C. IVIL .ACTION .- I. , AW :~ Dd~Mant : JUK¥ 'iR1AT., DBMANDED NOTICE, YOU IlkVIi BI3~ ,qUED IN COURT. lfyou wiah tho foll~win~ ~e~, you m~ rake action wit~tn twohy (20) &y~ a~ ~is Comp hint ~d Nofl~ nrc se~d, by ~lorlng n ~t~ ~pp~a ran~u.p~ually u~ ~lti~m~ and fili~ in writing claim or I.'Oltafreques[~ by lhu Phdn~ You may. le~e }uon~ or pwperty or o~ rJghis hnpmrra,~ to you. YOU gllOULI) TAKF, '['BIS ]~AP]~,R'TO YOUR I,AWYER AT ONCE. IF YOU IH) NOT Ii AVE A' I,AWYgR OR CANNOT AFFORI) ONLY, GO TO OR TEL EPIIONF, TIlE OFFICF~ Slit IcC RT.~I BELOW TO FIND Of. rE WIiERE You CAN ~ET ~EOAb CUMBEiILAND COUNTY BAR Al{SOCIAl'ION 12 },lbm'l~ Avunu~ C~rlkl% PA 17013 , Telephans: (717) 249-31~ his wife, ALL lfl'¢,O PRI31OI-tFT' SY.q'I'RMS, IN~., : a/k/a AI,L-PR.O FRRIOI-I? CARRIER.~, : INC,.. m~d PA.O[, S IlqQ~K, : Ilq 'rlt'S COUg.T OV COMMON CUMRI/R1.AI~ CO~ / t~iqSyLyANiA CIVIL AOTIO~ --LAW JURY TRTAL DIgMAN DRD _COMpl TOMA~KO & KO~& ~.C., ~d fil~a ibc followin~ C~mplalat Pro Fmi~t Sys~ms, Yum. ~a ~-Vro F~tght Ca~ers, al~.. ~a Paul Sing~, R.D, I, l~vtllo, Pou'y~nnty, P~n~lv~g 17047. At all tieing select I~r~, PI&intiffa , , 2] DefoM~L Ail Pm ~'r~i ~ht gy~, la~,, ~a AIl-I"ro ~reight C~i~l~ Inc., .priiioipal pla~ ofhU~l~gs ;it 1200 Ch~t~ l~uatdal Ptu'kw~, Avon, Ohio, ~0t 1, ~ mnploycd by All Pro, ~d who may be aetna pmc~ a 1~0 Ch~ter Iudu~dal Par~gy, Avon, Ohio, 440I 1. Vonoe and larisdictlnn Ver~uo/z Pt~OPcr in fl~is Judicial dtstric~ purstmnt to l~.tllc~ 1006 and 2l 79 o f thc P~nsylva~i~ R~I~ o~C~vil Pro~edom. 5. ~1~ mnoum in ~n~v~y ~l~me6 by Pl~in~ ~ lh~ ina~ant a~i0n exceeds th~ jm'i~i~{ion llmlt r~ulring oo~npul~ ar~l~tlot p~muant ~o thc ~1 ~1~ ~l nT~ thu~ relevant h~, P.l~lnttff, Z~n~ld T. Hms, w~ c~lo~t Tvrmh~st S~et. C~m~ Ifill, Cumberland ~mny, P~lvan~a, ~ w~ a~ting 7. Al.all lim~'~tevaat l~to, D~ud~m, Puul Si~, wa~ cmploycd by All Pm, ~ ~ commamin[ ~ck drive, and was o~ingWithln th~ ~ur~ and ~ of g. On 3uno 30, 2000, at ~p~oximatoly 3:00 p.m., Pl~i~tl ~ Donald L H~, was itt~ido ~ ~rai.~r owned by D~d~ Ali Pm, and ~t~ by De~andm~[, Paul Sing~', 'n Foronl~toncd distdbulion facility. A~ Plnlnaf~, Do~ld.L H~ was nu~o~i~ng auo~her BCD lra. il~ ~ tapplo ~d ~trtlm Plnt;~[i f~ T)o~ld ~ 1~ (h~in~flcr, 1ho "inoidout~, .2- £ortl~ h¢low~ Count ! P][ahattft', Donald He~s ~ts. De. fcndm~t, Patti re. sonnbio c~c, sh~ld ~vo kn~wn,.th~ one (I) ormom indivklu~, in~luding Pl~, Donald ~'oEk ~t~, Ad~liti~nnl~. moments bo~ro r~ in~id~nl. D~F~ud~t. P~I ~ing~r. . do~k ~h~0u his lmilet ~s ~11 l~aing l~d~d. 1 l.' ~ incidem oc~l~ mutely a~ th~ ~ult ~a ne~ltg~c~ reakl~sn~ and on~,Io~n~ms ofD~f~ndun~, Pal~l Singer, individually un~ t~s agent, ~ant or CmPlo~ of 12. Tho/~cg]j~u~. ~n~s a~ ~Brulo~ ufDutondnht, Paul Singer, indivh~u{ly und as ~gcot, ~crvnm or omplo~ utDcf~.ndm~ All Pi, o, ~o~! of th~ follow{ag'. Opon~tin~ s motor vuhiolo in ~llfid ~d w~uton d~ragara f~ lh~ m~foty of pure,ns or pm~t~ (b) Opiating a motor v~le lu (~) prupc~ (d) Ol~ting u motor ~hlolo w{fi~oul fll'~L usoel, iuining wh~ p~mons whir; insid~ U,~ traits; (u) ~lli~g Lo opo~.atu a mo~r vehicle ~nnmstan~ ~nd ~br~siOn~ .m his ~. ~i~lt rib ~ ~ ]o~ foot, soma afwlfich ~y l~e for wlti ~lt a olaJm i~ h~, ~hy I)on~lfl L Ii,ss, has ~quirCd~dic~l ~amm~t nnd ~ inked ~xp~ns~ h~ Compant~, ~s a di~t and proXtnl~to ~lt of th~ h~oldullt, ~tlxld I. l.{cs~, ]~as su~r~ In U~c ~ast ~d may in Bm ~tt~{'~ coutinu.u ~ suff~ Dogoud~nt, ]~ntll SIi~Bo~, t~lividuat]y ~ am ~gen% ao~wnt or ~aplo~ of D~(iant, All 'i tliu Wut~u~' Cotllpc~ution Act, 77 P.5. f ~71, P~int{~ D~mld 1, llesS; h~o~y ~uke~ a ~l~, ~aainst Dora~lt]an~ Pnul'~cr, lndivldu~ly ~d ~ ~tt~ $~ut or %~pl~ ofD~ndant, ~ l'~. ~or ail indomniiy h~n~ paid or~ ba paid by his en~lo~a ~rs' o~p~saion in~u~or, C%atmat lna~ran~ ~mp~ ~ a fllr~ ~nd proxim~ ~l~ of th= incidont, ' "' .~*t~RE~OR~, 't'I.i~Li~, Do.Id I. Eems,~den~nds dumug~ of Do~eng~l, Paul $ina~, in. .17. l'lalntlfl', Dolore.,{ ,1. lit, ss vs. l)ei'~lidani, l'aut filng, r Pa~gmph Nos, I thTough 16 aYo'inuml~orst~ h~dn by ro£~uoo n." il~ lhlly scm ~ ~t. As a diruci lu~ proximot~ result o~.a~ov~d~n~bed no~. ' '' [ an' " D~f~iidant, All ~), ]'h~intlff, Doloroa 3, H~s, ham in Ih¢ ~tbwn ~n(l m~y.in tho fu~ bc ~{~i~tl ~hc ~onsuvit,~m ~nd e~icus ofh~ ~sb~~, l"luinti~, Dot,aid I. ~ss. for'wbid~ a =laim is ~ tltiREUOKIi, Ylain~ii'l~ Dc~iaros $, l.Icam, ~l~munda danuig~s ui'Dol'andant. P~ul Singor, in .~i~ nlm~uun~ in cxcus,~ oFthe amouut roquirod £ur co,upuL~ury u~bttr~tion puram~ant to Ihu lx~oal Rulen o r ttmis (3ourk plun oosL~-orauit an~! delay I[9, IbrLh balmw. ,. witt~ iL; km, nvladga or ~r~at, expt~_n ar imPlt~, " :' ~1. rl~randan~, AIl Yin, is jointly ~d %veral~y lta~l~ ~r tho'ar~enLton~ ~paalfully ~bmitt~l, TOMA~41~ & gORANDA~ P.C,. llsn'i~Dl~rg, PA 17lot Tol~l~ma"-: (717) 238-1100 MIG'n. IAIil, A: I~,ORAIq~A PA ID #5~BOJ~ -6- VEI~ II~'gCAT~ON Exhibit B SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-02941 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HESS DONALD I ET AL VS. AT,L PRO FREIGHT SYSTEMS INC ET R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,ALL PRO FREIGHT SYSTEMS INC , AKA ALL PRO FREIGHT CARRIERS by United states Certified Mail.postage prepaidj on the 19th day of June ,2002.at 0000:00 HOURS, at 1200' CHESTER INDUSTRIAL PARKWY AVON, OH 44011 and attested'copy of the attached COMPLAINT & NOTICE with , a true Together The returned receipt card was signed by DOREEN M (LAST NAME ILLEGIBLE) on 0~/21/2002 Additional Comments: Sheriff's Costs: Docketing 18.00 Cert Mail 4.17 Affidavit .00 Surcharge ' 10.00 .00 32.17 · SO answer-s: ' . ~_~ ' R2~mas Kline Sheriff of Cumberland County Paid by TOMASKO & KORAlqDA Sworn and subscri~d ·to before me this g~ day ~o~P_ A.D. onotary on 06/25/2002 Exhibit C SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: -2002-02941 P COMMONWEALTH OF PENNSYLVANIA COUNTY OFCUMBERLAND HESS DONALD I ET AL VS. kLL PRO FREIGHT SYSTEMS INC ET R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,SINGER PAUL , by United States Certified Mail postage prepaid, on the 19th day of June ,2002 at 0000:00 HOURS, at 1200 CHESTER INDUSTRIAL PARKWY AVON, OH 44012 and. attested copy of the attached COMPLAINT & NOTICE with , ~'~true Together The returned receipt card was signed by DOREEN M (LAST NAME ILLEGIBLE) on 06/2 /2002 . Additional Comments: Sheriff's Costs: Docketing 6.00 Cert Mail 4.17 Affidavit .00 Surcharge 10.00 .00 20.17 Paid by TOMASKO & KOPJtNDA Sworn and subscri~d to before me ~ ~ ./~ A.D. ~rdtho~t ary ~ ' Sheriff of Cumberland County on 06/25/2002 . ..--Complete items 1, 2, and' 3. Also complete item 4 if Restricted DeliveS, is destred, · Print your name and address on the ~;sverse so that we Can return the card to you. · Attach this car~ to the back of the mmiiplece, or on the front if apace ps. traits. 1. Article Addressed tO: Paul Singer. c/o All Pro Freight Systems 1200 Chester. Industrial Pkwy Avon,. OH 44011 7001 ~510 0009 1017 82'7-5 · PS Form 3811, Aggu,st 2001 . D. ts delivery address differect~'rom item 17 [] Yes If YES, enter detivery addmsl b~low: [] No 3. Service 3~pe ?'1 Registered [] Return Receipt for Merchar1~lse [] Insured Mall [] C.O.D~ 4. Re~eg Delivery? ~ Fee) [] Yes 02-2941 civ Domestic F~etum Receipt Exhibit D DC)NALI3 I. HE~.R, t~ml T"Ip, i ftLl ff'~, .AI,.,I, PRO Iqq.1;tCli IT Sy~iTtlM~, TNC., · ~Vk/~'AI.L-rq,~C) ltRftlO'HT CARRII~S,. INO. trod I'q~Lrl, ~INOER, 'IT); I,)A~I'E OF NOTICE; Au~Tst 27, 2002 JM PO ftTANT NO'.i'IC, R YOU ARE IN DF.F^UI,T BI~CAU~ YOU HAVE _FAll.LID TO LrNTI~I~. A. WRITTEN APHtARANCE Pfl~ON~I,Y ORBY A'FI'O~ AND F~,li IN W~tNG WITFT. TIIE .I~l ~C~MI~Nq' MAY Bit I~N'FBRI~D A~A~ST YOU Wfl~lO~' A I-I~RING AND YOU M~Y I,~H YOU~ PROPBffJ'Y RIG[F.~. YOU SH~ TAKIt 'g[l~ NOTICE ~ A AT ONCE. IF YOII DO NOT TIA~ A LA~K Oil CANNOT APFORD ONE, GO TO OR (~IM~Ii~ND COI~TY liAR ASSOCIATION ~~, PA 17013 (800) ~90~10g (717) ?OMA,~KO & KORANDA, P.C. 219 Stlll~ Stro~t ll.arrisbnrg, [~A I71'01 T~l~pl~on~: (717) 236-1 I O0 Ml(ItlAIlL, A, KO1LNNDA I'A ID $t$fll10$ Exhibit E GREGORY E. CASSI2ViATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS, All Pro Freight Carriers, Inc. DONALD J. HESS, and DOLORES J~ HESS,: His wife, : : Plaintiffs : : ALL PRO FREIGHT SYSTEMS, INC., : a/k/a ALL PRO FREIGHT CARRIERS, INC.,: and PAUL SINGER : : Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2941-CIVIL CIVIL ACTION - LAW AGREEMENT PURSUANT TO RULE 237.2 TO EXTEND TIME T° PLEAD FOLLOWING TEN-DAY NOTICE It is agreed that the Defendants are granted an extension of time through September 26, 2002 in wkich to file: 1. A Complaint; 2. 'J( An Answer; or, ~. After the above date, a Judgment of Non Pros or by Default, as may be appropriate, may be entered upon Praecipe without further notice· Date: Attorney for Plaintiff Attg~f~or Defendants Exhibit F ~ served at the ~e address set the clerk agk adequate in the United · eturn receipt ng postal em- ~= of deliver,, of mailing on r entry when velope is re- :e of de!iveu,, te attorney of rd, the pa~7 rater the fact t. The clerk celope in the the parties :e numerous ient seeuri~ requesting 7 the clerk [files le Court, a ~f the com:t pies of the ) be served, party to be > the bailiff ~vho reside ss in which the sheriff ce upon a that other 'om any of myperson lot a party ~g process 1 tender a Jments to te process shall eh- , the clerk ~pearance ~ to se~e : therefor ~pies to ,.,'yon the set forth ~997/98. RULES C~O~..'ERNING THE COURTS OF OHIO vAthin the m'ena,-eigh~ day period and failure to make prom m ser,~ce ~o not ~fect the va~Jidit~ of the semen. t~, nesmence se,'-Aee. When the plaintiff files a xm-itten request wSda the cleric }hr residence service, service of process xh~l be made by that method. Residence seiwice shall be ef£~cted by leavin/z a cony o~ me process and the commaint, or other document to be served, at the usual ~lace of residence of the person to be served wath some person of suitable age and discretion then residing therein. Tim clerk of the court shall /ssue the process, and the process server shall return it. in the sazne manner as prescribed in division {B~ of this rule. When [he person serving pro- cess is unable to serve a cop7 of the process within twenty-eight days, the person shall endorse that faa nd the reasons therefor on the process and return the process and copies to the clerk who shall make the appropriate entry on the appearance docket. In the event of failure of service, the clerk shall follow the notification procedure set forth in div/sion (A) of this rule. Failure to make service within the twenty-eight day period and failure to make proof of service do not affect the validity of service. (Amended, eft 74-71: 7-140. 7-1-97) RULE 4.2. Process: who may b~ served Service of process, except see.dec by'publication as provided in Civ R. 4.4(A) 'pursuant to Clx. R. 4 through Civ. R. 4.6 shall be made as follows: (A) Upon an individual, other than a person under sLx'teen years of age or an incompetent person, by serv- ing the individual; (B) Upon a person under s~:een years of age by serving either the person's guardian or an3' one of the following persons with whom the person to be served lives or resides: father, mother, o~ the individual having the care of the person; or by sepdng the person ff the person neither has a guardian nor lives.o.r resides with a parent or a person having his cr her ~are; (C) Upon an incompetent pennon by serving either the incompetent's guardian or the person designated in division (E) of this rule, but fi:ac guardian has been appointed and the incompetent is not under confine- ment or commitment, by serving the incompetent; (D) Upon an individual, confined to a penal institu- tion of this state or of a subdivision of this state, by serving the individual, except that when the individual to be served is a person under sixleen years of age, the provisions of division (B) of this ru~:e shal/be applicable; (E) Upon an incompotent person who/s confined in any institution for the mentally ill or mentally deficient or committed by order of court to the cnstody of some other institution or person by sevang tb_e kuperinten- .dent or similar offic/al of the institution to which the inCOmpetent is confined or committed or the person to whose custody the incomoetent is committed; (F) Upon a corporation e~ther domestic or foreign: by serving the agent anthonzed by a~pointment or by law to receive service of procesS; d~: by scndng the [::JULES OF CIVIL PROCEDURE corporation by ceffified or express mail at any of its or by usual places of business; or by serving an officer or a which managing or general agent of the cerporation; arose, (G) Upon a partnership, a limited partnership, or a (1) limited partnership association by serving the 'entity by (2) eet~fied or express mail at any of its usual places of state; business or by serving a parmer, limited partner, man- (3) ager, or member;, this (H) Upon an unincorporated association by serving out ct it in its entity name .by certified or express mail at any vehieh of its usual places of business or by serving an officer (4) of the unincorporated association; omissi (I) Upon a professional association by serving the or sol: association in its corporate name by certified or express course mail at the place where the corporate offices are main- goods tained by or serving a shareholde~ . state; (J) Upon this state or any one of its departments, (5) offices and institutions as defined in division .(C)of breael section 121.01 of the Revised Code, by serving the sale o] officer responsible for the'administration of'the depart- se~ve~ ment, office or institution or by serving the attorney was it general of this state; goods (K) Upon a countyor upon anyofitsoffices, agencies, also n distidcts; 'departments, institutions or administrative other units, by serving the officer responsible for the adminis- tial re tration of the office, agency, district, department, insti- rende tution or unit or by serving the proseCUting attorney of (6) the county; prope (L) Upon a township l~y serving one or more of the (7) township trustees or the township clerk or by serving risk 1~ the prosecuting attorney of the county in which the (8) township is located, urdess the township is organized notwi~ under Chapter 504. of the Revised Code, in which case as to service may be made upon the township law director; child (M) Upon a municipal corporation or upon any of its to the offices, departments, agencies, authorities, institutions state; or administrative units by serving the officer responsible (9) for the administration of the office, department, agency, byan authority, institution or unit or by serving the clty solici-, ofinjt tor or comparable legal officer; . reaso: (N) Upon any governmental entity not mentioned injurf above by serving ~e Ponon, officer, group o~ body (10 responsible for the administration of that entity or by nal at serving the appropriate legal officer, finny, representing the entity. Service upon any person who is a member of the ~grouP" or %ody" responsible for the administra- tion of the entity shall be sufficient. (Amended, eft 7-1-71; 7-1-96; 7-1-97) RUI.F. 4/3. Process: out-of-state service (A) When service permitted. Service of process may' be made outside of this state, as provided in this rule, in any action in this state, upon a Porson who, at the time of service of process, is a nonresident of' this .state or is a resident of this state who is absent {rem this state. "Person" includes an individual, an individual's executor, administrator, or other personal represen~a- five, or a corporation, partnership; association, or any other legal or commercial entity, who, acting directly that ~ sion ( plici~. of a~ shall1 docm addre addre forth instrt posta State: reqm CERTIFICATE OF SERVICE AND NOW, this-- d3-tg day of -~e, oJ~.~ge.., 2002, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, All Pro Freight Systems, Inc., hereby certify that I served a copy of the within Defendant, Paul Singer's Preliminary Objection To Plaintiffs' Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 By: G~ego~. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, All Pro Freight Systems, Inc. DONALD J. HESS, and DOLORES J. HESS, His wife, Plaintiffs ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL PRO FREIGHT CARRIERS, INC., and PAUL SINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~~ ,~. NO. 02-2941-CIVIL CIVIL ACTION - LAW DEFENDANT'S~ ALL PRO FREIGHT SYSTEMS~ INC. ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, All Pro Freight Systems, Inc., a/k/a All Pro Freight Carriers, by and through their counsel, Gregory E. Cassimatis, Esquire, and files the following Answer with New Matter to Plaintiffs' Complaint and avers as follows: 1. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of Plaintiffs' Complaint and the same are deemed denied and strict proof thereof demanded. 2. Admitted. o o o Denied. It is specifically denied that Defendant, Paul Singer was employed by All Pro. It is also specifically denied that Defendant, Paul Singer may be served process at 1200 Chester Industrial Parkway, Avon, Ohio 44011. On the contrary, Defendant, Paul Singer, at all times relevant hereto, was employed by Pirro Trucking, Inc., 40172 Woodhollow Drive, Mantua, Ohio 44255. Admitted. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to fomi a belief as to the troth of the allegations contained in Paragraph 5 of Plaintiff's Complaint and the same are deemed denied and strict thereof demanded. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 of Plaintiffs' Complaint and the same are deemed denied and strict proof thereof demanded. Denied. It is specifically denied that at all times relevant hereto, Defendant, Paul Singer was employed by Defendant, All Pro, as a commercial track driver and was acting within the course and scope of that employment. It is admitted that Defendant, Paul Singer was acting as an agent of the answering Defendant. Denied pursuant to Pa.R.C.P. 1029(e). COUNT I PLAINTIFF~ DONALD HESS v. DEFENDANT~ PAUL SINGER The answering Defendant incorporates its answers to Paragraphs 1 through 8 above as if fully set forth at length. 10. Denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. The allegations contained in Paragraph 11 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 12. (a)-(e) Denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. The allegations contained in Paragraph 13 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 14. Denied. The allegations contained in Paragraph 14 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 15. Denied. The allegations contained in Paragraph 15 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 16. Denied. The allegations contained in Paragraph 16 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Defendant, All Pro Freight Systems, Inc. demands judgment in its favor and against the Plaintiffs, together with costs of suit. COUNT II PLAINTIFF~ DOLORES J. HESS v. DEFENDANT~ PAUL SINGER 17. The answering Defendant incorporates its answers to Paragraphs 1-16 above as if fully set forth at length. 18. Denied. The allegations contained in Paragraph 18 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Defendant, All Pro Freight Systems, Inc. demands judgment in its favor and against the Plaintiffs, together with costs of suit. COUNT III PLAINTIFFS~ DONALD I. HESS AND DOLORES J. HESS v. DEFENDANT~ ALL PRO 19. The answering Defendant incorporates its answers to Paragraph 1-18 above as if fully set forth at length. 20. Denied. It is specifically denied that at all times relevant hereto, Defendant, Paul Singer was acting as a servant and/or employee while operating the motor vehicle in question with its knowledge or consent, expressed or implied. It is admitted that Defendant, Paul Singer was acting as an agent of Defendant, All Pro. 21. Denied. The allegations contained in Paragraph 21 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Defendant, All Pro Freight Systems, Inc. demands judgment in its favor and against the Plaintiffs, together with costs of suit. NEW MATTER 22. Plaintiffs' Complaint fails to set forth a cause of action upon which relief can be granted. 23. Plaintiffs' claims are barred in whole, or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Law. 24. Plaintiffs' cause of action is barred or limited by the provisions of the Pennsylvania Comparative Negligence Act. 25. Plaintiff, Donald Hess assumed the risk of any injuries sustained. WHEEREFORE, Defendant, All Pro Freight Systems, Inc. demands judgment in its favor and against the Plaintiffs, together with costs of suit. Date: By: Gregory. Cassimatis, Esquire Attorney for Defendant, All Pro Freight Systems, Inc. .09/16/02 13:47 FAX 7177910524 Harrisburg Legal ~009 VERIFICATION I, Michael Mu~$er, ~ ~ 0~ii~e~x'o~') of All Pro Freight Systems, lac., a Def~ h~ vefi~ ~ I ~ au~o~ to ex. ute ~ V~ca~on ~d ved~ ~t ~e f~ ~ f~ m ~e lo. gong ~sw~ ~ N~ Ma~ to Pl~s' Compl~ ~e ~ ~d co~ to ~e ~ of my ~ledge, ~o~a~o~ ~d ~lief. ~s ~tement is made subj~ to ~e ~fics of 18 Pa C.S.A. Section 4904 ~la~-~ to ~om fals~cafion Name: Michael Musser CERTIFICATE OF SERVICE AND NOW, this .~ 5-~day of ~e.,~',~l~.~ 2002, I, Gregory E. Cassimatis, Esquire, Attorney for Defendants, All Pro Freight Systems, Inc., hereby certify that I served a copy of the within Defendant's, All Pro Freight Systems, Inc. Answer with New Matter to Plaintiffs' Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 Gregory F,e~siiiiatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 DONALD I. HESS, and DOLORES J. HESS, his wife, VS. Plaintiffs, ALL PRO FREIGHT SYSTEMS, INC., affda ALL-PRO FREIGHT CARRIERS, INC., and PAUL SINGER, Defendants. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : . : : NO. 02-2941 - CIVIL : . : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, ALL PRO FREIGHT SYSTEMS, INC. NOW COMES the Plaintiffs, Donald I. Hess and Dolores J. Hess, by and through their attorneys, TOMASKO & KORANDA, P.C., and responds to the New Matter of Defendant, All Pro Freight Systems, Inc., as follows: 22. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. 23. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. 24. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. 25. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. WHEREFORE, Plaintiffs, Donald I. Hess and Dolores J. Hess, demand damages of Defendant, All Pro, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA PA ID #58808 CEHTInCATE Or SEHVICE AND NOW, this~fiday of ,~'~vt~_ ,2002, I, Michael A. Koranda, Esquire, attorney for the Plaintiffs, hereby certify that I served the within PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, ALL PRO FREIGHT SYSTEMS, INC. this day by: U.S. Mail, first class, postage prepaid, addressed to: Gregory C. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 By: ~MICHAEL A i~O~kN~A GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, Paul Singer DONALD J. HESS, and DOLORES J. HESS,: His wife, Plaintiffs V. ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL PRO FREIGHT CARRIERS, INC., and PAUL SINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02o2941-CIVIL CIVIL ACTION - LAW PRAECIPE TO WITHDRAW PRELIMINARY OBJECTIONS TO THE PROTHONOTARY: Please withdraw the Preliminary Objections of Defendant, Paul Singer in the above- captioned case. Date: [tg- ~-o 2 By: Gregory E~assimatis, Esquire Attorney for Defendant, Paul Singer _CERTIFICATE OF SERVICE AND NOW, this '~ _/4 day of d;~g,,_ , 2002, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Paul Singer, hereby certify that I served a copy of the within Praecipe to Withdraw Preliminary Objections on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 Gregory ~sl-matis, Esqui}~ 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, Paul Singer DONALD J. HESS, and DOLORES J. HESS, His wife, Plaintiffs Vo ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL PRO FREIGHT CARRmRS, INC., and PAUL SINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERL ' D COUNT, / PEN S V -, ~"v~E H~ CIVIL ACTION - LAW DEFENDANT, PAUL SINGER'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Paul Singer, by and through his counsel, Gregory E. Cassimatis, Esquire, and files the following Answer with New Matter to Plaintiffs' Complaint and avers as follows: 1. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of Plaintiffs' Complaint and the same are deemed denied and strict proof thereof demanded. 2. Admitted. Denied. It is specifically denied that Defendant, Paul Singer was employed by All Pro. It is also specifically denied that Defendant, Paul Singer may be served process at 1200 Chester Industrial Parkway, Avon, Ohio 44011. On the contrary, Defendant, Paul Singer, at all times relevant hereto, was employed by Pirro Trucking, Inc., 40172 Woodhollow Drive, Mantua, Ohio 44255. In addition, to the contrary, said Defendant may be served process at 457 West Main Street, Apt. 1, Ravenna, Ohio, 44266. Admitted. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 5 of Plaintiff's Complaint and the same are deemed denied and strict thereof demanded. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 6 of Plaintiffs' Complaint and the same are deemed denied and strict proof thereof demanded. Denied. It is specifically denied that at all times relevant hereto, Defendant, Paul Singer was employed by Defendant, All Pro, as a commercial truck driver and was acting within the course and scope of that employment. It is admitted that Defendant, Paul Singer was acting as an agent of the answering Defendant. Denied pursuant to Pa.R.C.P. 1029(e). COUNT I PLAINTIFF, DONALD HESS v. DEFENDANT, PAUL SINGER 9. The answering Defendant incorporates its answers to Paragraphs 1 through 8 above as if fully set forth at length. 10. Denied pursuant to Pa.R.C.P. 1029(e). I 1. Denied. The allegations contained in Paragraph 11 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 12. (a)-(e) Denied pursuant to Pa.R.C.P. 1029(e). 13. Denied. The allegations contained in Paragraph 13 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 14. Denied. The allegations contained in Paragraph 14 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 15. Denied. The allegations contained in Paragraph 15 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. 16. Denied. The allegations contained in Paragraph 16 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Defendant, All Pro Freight Systems, Inc. demands judgment in its favor and against the Plaintiffs, together with costs of suit. COUNT II PLAINTIFF~ DOLORES J. HESS v. DEFENDANT~ PAUL SINGER 17. The answering Defendant incorporates its answers to Paragraphs 1-16 above as if fully set forth at length. 18. Denied. The allegations contained in Paragraph 18 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Defendant, All Pro Freight Systems, Inc. demands judgment in its favor and against the Plaintiffs, together with costs of suit. COUNT III PLAINTIFFS~ DONALD I. HESS AND DOLORES J. HESS v. DEFENDANT~ ALL PRO 19. The answering Defendant incorporates its answers to Paragraph 1-18 above as if fully set forth at length. 20. Denied. It is specifically denied that at all times relevant hereto, Defendant, Paul Singer was acting as a servant and/or employee while operating the motor vehicle in question with its knowledge or consent, expressed or implied. It is admitted that Defendant, Paul Singer was acting as an agent of Defendant, All Pro. 21. Denied. The allegations contained in Paragraph 21 of Plaintiffs' Complaint contain legal conclusions to which no responsive pleading is required and the same are deemed denied. WHEREFORE, Defendant, All Pro Freight Systems, Inc. demands judgment in its favor and against the Plaintiffs, together with costs of suit. NEW MATTER 22. Plaintiffs' Complaint fails to set forth a cause of action upon which relief can be granted. 23. Plaintiffs' claims are barred in whole, or in part, by the Pennsylvania Motor Vehicle Financial Responsibility Law. 24. Plaintiffs' cause of action is barred or limited by the provisions of the Pennsylvania Comparative Negligence Act. 25. Plaintiff, Donald Hess assumed the risk of any injuries sustained. WHEEREFORE, Defendant, All Pro Freight Systems, Inc. demands judgment in its favor and against the Plaintiffs, together with costs of suit. Date: By: Gregory ~----~assimatis, Esquire Attorney for Defendant, Paul Singer VERIFICATION I, Gregory E. Cassimatis, Esquire, counsel for Paul Singer, Defendant herein, verify that I am authorized to execute this verification pursuant to Pa.R.C.P. 1024(c) because the party for whom I make this Verification is outside the jurisdiction of the Court and the Verification cannot be obtained within the time allowed for the filing of the pleading and that I have sufficient knowledge or information and belief, based upon my investigation of the matters averred or denied in the foregoing document and verify that the facts set forth in the Defendant, Paul Singer's Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Nanle: Gregory F-~J~mati~, Esqui{'e Attorney for Defendant CERTIFICATE OF S~RVICE AND NOW, this "~? day of tgcJoger , 2002, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Paul Singer, hereby certify that I served a copy of the within Defendant, Paul Singer's Answer with New Matter to Plaintiffs' Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 By: Gregory L~,n~assimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 DONALD I. HESS, and DOLORES J. HESS, his wife, VS. Plaintiffs, ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL-PRO FREIGHT CARRIERS, INC., and PAUL SINGER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2941 - CIVIL : : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, PAUL SINGER NOW COMES the Plaintiffs, Donald I. Hess and Dolores J. Hess, by and through their attorneys, TOMASKO & KORANDA, P.C., and responds to the New Matter of Defendant, Paul Singer, as follows: 22. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. 23. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. 24. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. 25. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded. WHEREFORE, Plaintiffs, Donald I. Hess and Dolores J. Hess, demand damages of Defendant, Paul Singer, in an amount in excess of the amount required for compulsory arbitration pursuant to the Local Rules of this Court, plus costs of suit and delay damages. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA PA ID #58808 CERTIFICATE OF SERVICE t AND NOW, this ~day of (~O~7'G~-- , 2002, I, Michael A. Koranda, Esquire, attorney for the Plaintiffs, hereby certify that I served the within PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT, PAUL SINGER this day by: U.S. Mail, first class, postage prepaid, addressed to: Gregory C. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 MICHAEL A. KORANDA GREGORY E. CASS1MATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANTS DONALD J. HESS, and DOLORES J. HESS,: His wife, : Plaintiffs Vo ALL PRO FREIGHT SYSTEMS, INC., a/k/a ALL PRO FREIGHT CARRIERS, INC., and PAUL SINGER Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2941-CWIL CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please substitute the attached Verification for the Attorney's Verification previously attached to Defendant, Paul Singer's Answer with New Matter to Plaimiff's Complaint. Date: Gregory ~/. QaSsi-matisl Esquire Attorney for.Defendant, Paul Singer VERIFICATION I, Paul Singer, Inc., a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer with New Matter to Plaintiffs' Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. N -~-?/) ~'7 ' Paul Sing~' ~ v CERTIFICATE OF SERVICE ANDNOW, this /~dayof Ocr, er ,2002, I, GregoryE. Cassimatis, Esquire, Attorney for Defendant, Paul Singer, hereby certify that I served a copy of the within Praecipe to Substitute Verification on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Michael A. Koranda, Esquire Tomasko & Koranda, P.C. 219 State Street Harrisburg, PA 17101 By: ~regot~. Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 CC~ c~ O DONALD I. HESS, and DOLORES J. HESS, his wife, Plaintiffs, VS. ALL PRO FREIGHT SYSTEMS, INC., aJc/a ALL-PRO FREIGHT CARRIERS, INC., and PAUL SINGER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2941 - CIVIL CIVIL ACTION -- LAW JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended with prejudice. Plaintiffs to pay costs of court. Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 'MICH/(EL A. Koi~kNDA PA ID $$58808 Attorney for Plaintiffs