Loading...
HomeMy WebLinkAbout02-3132Docket Report -'------ GD-01-000855 Court Type: Case Type: Judge: Current Status: Page 1 of 4 [Home] Allegheny County Prothonotary Civil Docket Report *****CASE TRANSFERRED TO CUMBERLAND COUNTY***** Run Date: 06/21/2002 Run Time: 01:24:57 PM General Docket Multiple Civil Action Related Cases: No Judge Jury Requested: Yes Case Transferred Amount In Dispute: $-- Parties - Litigants -- ID LName @9653691 Bowman ~~965373 David Kistler & Grandson Inc. @965374 DeLong ALLDEFT Defendants ALLDEFT Defendants @965372 Farenkopf @965371 Snyder National Carriers Inc. @965370 Weigner IIFNamellm IITypeIIAddress rIPhonellAttorney D. M. Plaintiff No Default __ Nerone Michael Address Ava ab e F,P on John T, ...... Defendant No Default Hart P. Address Ava ab e -- Brennan,Smith Tyler Dav d K Defendant .No.,Defau!t - _ Hart P Brennan, Aaaress Aval aD e All --- Defendant ANc~d rDee~as ~tvai la b la All --- Defendant AN~d rDeesf: ~tvaila bid .... r W f n n No Default He bert De e da t Smith Tyler · Address Available -- ' J" Defen n No Default . . ...... da t Address Available -- S~egfned Warren L, Johnny Scott Defendant No Default Address Available -- Attorney - ID LName 62446 43675 18123 43679 70492 Nerone Pion Hart Siegfried Smith IIFNamellMI IIType M' h I F Plantfl"s cae Attorney John T Plaintiff's Attorney Defendant's P. Brennan Attorney Defendant's Warren L Attorney Tyler J. Defendant's IIAddress IIPhone Dickie, McCamey & Chilcote Two (412) PAPPG15222-5402Place Suite 400 Pittsburgh 2817272 Dickie, McCamey & Chilcote Two (412) PAPPG15222-5402Place Suite 400 Pittsburgh 2817272 Pietragallo, Bosick & Gordon 38th (412) Floor One Oxford Center 3944090 P ttsburgh PA 15219 162415219 Frick Building Pittsburgh PA (412) 5662970 2900 USX Tower Marshall Dennehey Warner Co eman & -- http://199.224.27.122/allegheny/DocketReport.asp?AnotherCaseID=TRUE&CaselD=GD-01 ... 6/21/02 Docket Report 1007660 Abramowitch Jay N Attorney Esq. IIGoggin Pittsburgh PA 15219 No Default Address Available -- Page 2 of 4 -- Non Litigants -- rlPhone rJLName AC:p~c~T. IIAIlegheny County ...... ][ Prothonotary Sheriff - Allegheny SHRF02 County SHRF06 IIFNamelI-M-' lType IIAddress (412) --- J~ Prothonotary No Default Address Available 3505729 -- ~ Sheriff Courthouse Room 111 Pttsburgh PA 15219 -- Sheriff - Berks County --- ~ Sheriff 633 Court Street Reading PA (215) 19601 3788059 Docket Entries Date Filing Docket Type Docket Text Filing Party Praecipe for 01/17/2001 Writof Returnable02/16/01. Bowman D. M. Summons Praecipe for 02/01/2001 Rule to File Upon Plaintiff to File Within 20 Days. Snyder National Comp Carriers Inc. 02/02/2001 IIJury'Deman'd/na~f°r Emas Esq. Jack 02/02/2001 APraecipe for of Jack Emas Snyder National II ppearance Carriers Inc. 02/08/2001 .Praecipe for David K. DeLong, filed by P. Brennan Hart, Esq. David Kistler & ,appearance Grandson Inc. 02/12/2001 Certificate of of Rule upon John T. Pion, Esq. by US Mail and by Certified Snyder National Service Mail on 02/??/01. Carriers Inc. 02/13/2001 .Praecipe for also filed on behalf of David K. DeLong and Herbert W. David Kistler & ,appearance Farenkopf, by Tyler J. Smith, Esquire Grandson Inc. 02/20/2001 Certificate of of Bowman Service receipt upon John T Pion on 02/08/2001 by certified mail. D.M. Johnny Scott Weigner served with Writ of Summons on 1/31/02. Sheriff - 02/21/2001 Sheriff Return David Kistler & Grandson, Inc., David Delong not found in Berks Allegheny Co. County 03/01/2001 Complaint servedBrennamOnHart3/l/01Esq.first class mail to Jack Emas Esq. and Bowman D. M. Affidavit of by certified mail of the writ of summons in civil action to Snyer Bowman 03/13/2001 Service national Carrers on Jan. 19,2001 D.M. 03/13/2001 Praecipe to Returnable 04/12/01. Bowman D. M. Reissue http://199.224.27.122/allegheny/DocketReport.asp?AnotherCaseID=TRUE&CaselD=GD_01 ,,, 6/21/02 G.D. No. 01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D. M. BOWMAN, Plaintiff, ~YLo. O,,a - CWIL DIVISION G.D. No. 01-855 v. Issue No. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., and DAVID K. DELONG, Defendants. MOTION OF PLAINTIFF, D. M. BOWMAN TO TRANSFER AND COORDINATE ACTIONS IN CUMBERLAND COUNTY Code: Filed on behalf of Plaintiff Counsel of record for this party: John T. Pion, Esq. PA. I.D. #43675 Michael F. Nerone, Esq. PA. I.D. #62446 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED G.D. No. 01-855 lin THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D. M. BOWMAN, Plaintiff, JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., and DAVID K. DELONG, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION G.D. No. 01-855 NOTICE OF PRESENTATION KINDLY take notice that the presentation of the within MOTION OF PLAINTIFF, D. M. BOWMAN TO TRANSFER AND COORDINATE ACTIONS IN CUMBERLAND COUNTY will take place on Friday, June 14, 2002 at 2:00 p.m., or soon thereafter that suits the convenience of the Court, before The Honorable R. Stanton Wettick, Jr., 815 City-County Building, Pittsburgh, Pennsylvania 15219. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By: ~~~~ John T. Pion, Esquire PA. I.D. #43675 Michael F. Nerone, Esquire PA. I.D. #62446 Attorneys for Plaintiff, D. M. Bowman G.D. No. 01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D. M. BOWMAN, Plaintiff, JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., and DAVID K. DELONG, Defendants. CIVIL DIVISION G.D. No. 01-855 MOTION OF PLAINTIFF, D. M. BOWMAN TO TRANSFER AND COORDINATE ACTIONS IN CUMBERLAND COUNTY Plaintiff, D. M. Bowman, by and through its attorneys, Dickie, McCamey & Chilcote, P.C. and John T. Pion, Esquire and Michael F. Nerone, Esquire, submit this Motion to Transfer and Coordinate Actions in Cumberland County, and in support thereof aver as follows: 1. This action arises out of vehicular accidents which occurred on January 8, 2001, on the Pennsylvania Turnpike in Cumberland County. In tiffs action Plaintiff seeks recovery for property damage it suffered as a result of the 2. In addition to the property damage incurred by Bowman, Miles Kirkhuffrcceived fatal injuries in the subject vehicular accidents and his surviving spouse, Diane Kirkhuff has commenced a wrongful death and survival action against D.M. Bowman which is pending in Cumberland County. In the Cumberland County action, Bowman joined as Additional Defendants all of the Defendants in this Allegheny County action. Additionally, the Kirk_huffs' automobile insurer has commenced a subrogation action in Cumberland County seeking recovery for the G.D. No. 01-855 property damage to the Kirkhuffs' vehicle resulting from the subject accidents. The subrogation action has been consolidated with the Kirkhuffs' wrongful death and survival action in Cumberland County. 3. This action and the Cumberland County actions all arise from the same vehicular accidents and involve common questions of fact and law. 4. So as to avoid potentially conflicting rulings, verdicts and judgments, this action should be transferred to the Cumberland County Court of Common Pleas and consolidated with the pending Kirkhuff action which is docketed at CCP No. 2001-07126 in the Court of Common Pleas of Cumberland County, Pennsylvania. 5. Pennsylvania Rule of Civil Procedure 213. l(a) provides: In actions pending in different counties ,which involve a common question of law or fact or which arise from the same transaction or occurrence, any party, with notice to all other parties, may file a motion requesting the court in which the Complaint was first filed to order coordination of the actions. Cumberland County is the most appropriate forum for all actions for the following reasons: (a) (b) (c) (d) The cause of action arose in Cumberland County. The site of the motor vehicle accident which forms the basis of the three Complaints is Interstate 76 in Cumberland County, Pennsylvania. All of the necessary and essential witnesses, in the form of the police officers who responded to the scene of the accident, the EMS personnel who responded to the scene of the accident, the wreckers who responded at the scene of the accident and other similar personnel are all located in Cumberland County, Pennsylvania. All accident related medical treatment rendered to Miles Kirkhuff occurred either in Cumberland County, Pennsylvania and/or in the Hershey Medical Center in Dauphin County, Pennsylvania. 2 G.D. No. 01-855 (e) As a result, all witnesses, all evidence and the physical accident scene are centered in and around Cumberland County, Pennsylvania. 7. Coordination and transfer of the pending actions to Cumberland Countyis economical to all involved in the litigation, including the courts, parties and witnesses. Transferring and coordinating the actions in Cumberland County will forego the unnecessary expense of multiple and repetitive discovery and depositions. Additionally, if the actions are transferred and coordinated to one venue, the unnecessary expense and time of two trials on the same issues would be avoided. 8. Coordination of the actions will eliminate the possibility of duplicate and inconsistent rulings with the various courts. 9. The parties will not suffer any prejudice in coordinating the two actions. In fact, any prejudice that may have been created by the possibility of inconsistent rulings will be averted in transferring and coordinating the actions to Cumberland County. 10. Therefore, in the interest of fairness to all of the parties, for the convenience of the parties and witnesses, and in the interest of.judicial economy, this action should be transferred and coordinated to Cumberland County. WHEREFORE, Plaintiff, D. M. Bowman, respectfully requests that this Court grant this Motion to Transfer and Coordinate the Actions to Cumberland County under the Kirkhuffcase at caption at CCP No. 2001-07126. G.D. No. 01-855 Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. John T. Pion, Esquire PA. I.D. #43675 Michael F. Nerone, Esquire PA. I.D. #62446 Attorneys for Plaintiff, D. M. Bowman 4 G.D. No. 01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA Plaintiff, D. M. BOWMAN, JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., and DAVID K. DELONG, Defendants. ) CIVIL DIVISION ) ) G.D. No. 01-855 ) ) ) ) ) ) ) ) ) ) ORDER OF COURT AND NOW, to-wit, this ] ~ dayof /d~ (,/ ~/~ , 2002, it is hereby ORDERED, ADJUDGED and DECREED that the case ofD. M. Bowman v. Johnny Scott Weigner, et al. in the Court of Common Pleas of Allegheny County at G.D. No. 01-855 is hereby transferred to Cumberland County, Pennsylvania and consolidated with the case of Diane Kirkhuff, individually and as the Executrix of the Estate of Miles Kirkhuff v. Darryl L. Lowery and D. M. Bowman, Inc. v. Schneider National Carriers, Inc., et al. at caption No. 2001-07126 in Cumberland County Pennsylvania. BY THE COURT: CERTIFICATE OF SERVICE I, Michael F. Nerone, Esquire, hereby certify that tree and correct copies of the foregoing Motion of Plaintiff, D.M. Bowman to Transfer and Coordinate Actions in Cumberland County, have been served this 7th day of June 2002, by U.S. first-class mail, postage prc~paid, to counsel of record listed below: Jane Roach, Esquire 726 Ann Street Stroudsburg, PA 18360 Paul J. Hennessy, Esquire O'Brien & Hcnmessy 142 West Market Street, Suite 2 West Chester, PA 19382 Tyler J. Smith, Esquire Marshall, Dennehey, Warner, Coleman & aoggin 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 Warren L. Siegfried, Esquire Wayman, Irvin & McAuley 1624 Frick Building Pittsburgh, PA 15219 Dale A. Betty, Esquire Jack Emas & Associates Suite 1500 1500 Walnut Street Philadelphia, PA 19102 Kimberly J. Woodie, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103-4797 DICKIE, McCAMEY & CHILCOTE, P.C. By ~q~,-)r~, [ .~-~e~v-,v,~ Michael F. Nerone, Esquire PA. I.D. #62446 Attorneys for Plaintiff, D.M. Bowman G.D. No. IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D.M. Bowman, Johnny Scott Weigher, Plaimiff, Snyder National Carriers, Inc., Herbert W. Farenkopf, David Kistler & Grandson, Inc. and David K. DeLong, Defendants CIVIL DIVISION O.D. No. Issue No. PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION Code: Filed on behalf of Plaintiff Counsel of record for this party: John T. Pion, Esq. Pa. I.D. #43675 Michael F. Nerone, Esq. Pa. I.D. #62446 DICKIE, McCAMEY & CHILCOTE, P.C Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL I~~ PRAECH'E FOR WRIT OF SUMMONS IN CIVIL ACTION TO: PROTHONOTARY Kindly issue a Writ of Summons in Civil Action against the Defendants in the above-captioned case. DICKIE, McCAMEY & CHILCOTE, P.C. BY: John T. Pion, Esquire Michael F. Nerone, Esquire Attorneys for Plaintiff, DM Bowman Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 Attorney for Defendant, Schneider National Carriers, Inc., improperly captioned as Snyder National Carders, Inc.. D.M. BOWMAN V. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY JOHHNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID K. DELONG NO. G.D. NO. 01-855 PRAECIPE FOR RULE TO FILE A COMPLAINT TO THEPROTHONOTARY: Kindly issue a Rule upon Plaintiff to file a Complaint within twenty (20) days or suffer judgment of non pros. BY:JACK EMAS & ASSOC~~~_~._ /~~<----~ RULE TO FILE A COMPLAINT AND NOW, this day of ,2001, a Rule is hereby granted upon plaintiff to file a Complaint hereto within 20 days after service hereof or suffer the entry of a judgment of non pros. PROTHONOTARY Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 Attorney for Defendant, Schneider National Carders, Inc., improperly captioned as Snyder National Carders, Inc.. D.M. BOWMAN V. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY JOHllNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID IC DELO~!G NO. G.D. NO. 01-855 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Schneider National Carders, Inc., improperly captioned as Snyder National Carriers, Inc. in the above entitled action. JACK EMAS & ASSOCIATES BY: Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 Attorney for Defendant, Schneider National Carriers, Inc., improperly captioned as Snyder National Carriers, Inc.. D.M. BOWMAN Vo JOHHNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID K. DELONG DEMAND FOR JURY TRIAl, TO THE PROTHONOTARY: COURT OF COMMON PLEAS OF ALLEGHENY COUNTY NO. G.D. NO. 01-855 Defendant her?by demands jury trial of 12 members plus two alternates m the above captioned matter. JACK EMAS & ASSOCIATES By: GD01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM Bowman, Plaintiff, Herbert W. Farenkopf, Snyder National Carriers, Inc., David Kistler & Grandson, Inc. and David K. DeLong, Defendants. CIVIL DIVISION No.: GD-01-855 PRAECIPE ENTRY OF APPEARANCE Filed on behalf of Defendants, David Kistler & Grandson, Inc. and David K. DeLong Counsel of Record for this Party: P. Brennan Hart, Esquire PA ID 18123 Tyler J. Smith, Esquire PA ID 70492 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 GD-01-855 1N THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM Bowman Plaintiff, CIVIL DIVISION No.: GD-01-855 the above-captioned action. Respect~a~bmitted, yler J~l Smith, EsqUire ttom~y for Defendant David Kistler & randslon, Inc. and David K. DeLong Herbert W. Farenkopf, Snyder National Carders, Inc., David Kistler & Grandson, Inc. and David K. DeLong, Defendants. PRAEClPE FOR SUBSTITUTION OF APPEARANCE TO: Prothonotary, Allegheny County Please enter the appearance ofP. BRENNAN HART, ESQUIKE and TYLER J. SMITH, ESQUIRE on behalf of Defendants, David Kistler & Grandson, Inc., and David K. DeLong in GD-01-855 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within PRAECIPE FOR ENTRY OF APPEARANCE was served upon all parties listed below, by first class United States Mail, postage prepaid, this __~n°'~ day of February, 2001, addressed as follows: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (Attorney for Plaintif~ Jack Emas, Esquire 3130 Center Square W. 1500 Market Street Philadelphia, PA 19102 (Attorney for Snyder National Carriers, Inc.) Herbert W. Farenkopf 668 East 20th Street North Hampton, PA 18067 MAR~'~ ~¢EHEY, WARNER, B tTy! Ij. Smi~~, ~squire /Attd ney for Defendant David ~Kistl ir & Grandson, Inc. and David K. DeLong \12_A~LIAB\TJS~LLPG\160962\CZD\19178~00102 Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attomey Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 Attorney for Defendant, Schneider National Carders, Inc., improperly captioned as Snyder National Carriers, Inc.. D.M. BOWMAN V. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY JOlt}tNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID IC DELONG NO. G.D. NO. 01-855 CERTIFICATE OF SERVICE I hereby certify that a copy of the Rule entered m the above matter on February 2, 2001 was served on the following counsel by United States first class mail postage prepaid and by certified mail on the day of February, 2001. John T. Pion, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 JACK EMAS & ASSOCIATES 13 Y: (~~~ ~ . , ~iD01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM Bowman, Plaintiff, Herbert W. Farenkopf, Snyder National Carriers, Inc., David Kistler & Grandson, Inc. and David K. DeLong, Defendants. CIVIL DIVISION No.: GD-01-855 PRAECIPE ENTRY OF APPEARANCE Filed on behalf of Defendants, David Kistler & Grandson, Inc. and David K. DeLong and Herbert W. Farenkopf Counsel of Record for this Party: P. Brennan Hart, Esquire PA ID 18123 Tyler J. Smith, Esquire PA ID 70492 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 - ' GD-01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM Bowman Plaintiff, CIVIL DIVISION No.: GD-01-855 Herbert W. Farenkopf, Snyder National Carders, Inc., David Kistler & Grandson, Inc. and David K. DeLong, Defendants. PRAECIPE FOR SUBSTITUTION OF APPEARANCE TO: Prothonotary, Allegheny County Please enter the appearance ofP. BRENNAN HART, ESQUIRE and TYLER J. SMITH, ESQUIRE on behalf of Defendants, David Kistler & Grandson, Inc., David K. DeLong and Herbert W. Farenkopf in the above-captioned action. Respectfully submitted, MARS~D~HEY, WARNER, COLm t yle Smith, Esquire .tto: ? for Defendant David Kistler & .rar ~n, Inc., David K. DeLong and Herbe W. Farenkopf GD-01-855 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within PRAECIPE FOR ENTRY OF APPEARANCE was served upon all parties listed below, by first class United States Mail, postage prepaid, this {~4~ day of February, 2001, addressed as follows: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (Attorney for Plaintif~ Jack Emas, Esquire 3130 Center Square W. 1500 Market Street Philadelphia, PA 19102 (Attorney for Snyder National Caf~ Inc.) /\ CI LEMAN~IN WARNER, ~,l~I J. Smith, Esquire ttt~ey for Defendant David istler & Grandson, Inc., David K. DeLong and Herbert W. Farenkopf \12_AkLIAB\TJS~LLPG\I 61646\CZD\19178\00102 Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvama 19102 (215) 972-8065 Attorney for Defendant, Schneider National Careers, Inc., improperly captioned as Snyder National Carriers, Inc.. D.M. BOWMAN V. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY JOHHNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID K. DELONG NO. G.D. NO. 01-855 CERTIFICATE OF SERVICE I hereby certify that a copy of the Rule entered in the above matter on February 2, 2001 was served on the following counsel on February 8, 2001 by United States certified mail and said green card was accepted and signed on February 12, 2001 as evidenced by the attached copies of receipt of certified mailing. 2001. John T. Pion, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 JACK EMAS & ASSOCIATES .~ SENDER' ~ al ' e .~~. , ~:~' foH~ ~ (~r an ~ "~~m~~~m~ e~mf~): ~. - ~n~ ~r for fee. ~ 3.~~o: ~ , ~A~leNum~r ~ / ) ~ · / /~/.~-- 7. Date of Delive~ ~ 5. R~w~By:(PfintNa~)~ 8. A~m~es~(~ff~u~t~ Domestic Return Receipt WRIT OF SUMMONS IN CIVIL ACTION DEFENDANT(S): You are notified that the pla{ntiff(s) ) SHERIFF ) hadh~ave coramenced an action against you which you are ) SURCHAR(~I{' req~ed ~ Defend. Michael F. Co~e, Prothonotary ) ~ ~ ~ T CO~T O~ CO~ON PLEAS OF ~LEG~ CO~TY, PE~S~V~ A V/ D.M. Bowing, CI~ DI~SION Issue No. Johnny Scott Weigner, Snyder National Carriers, Inc., Herbert W. Farenkopf, David Kistler & Grandson, Inc. and David K. DeLong, Defendants PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION C~ade: Filed on behalf of Plaintiff Counsel of record for this party: John T. Pion, Esq. Pa. I.D. ~43675 Michael F. Nerone, Esq. Pa. I.D. #62446 ATTEST DICK[E, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED ~.~ ~01 ALLEGH' Y COUNTY SHERIFF'S DEP.~ ~MEN? 436 GRANT STREET PITTSBURGH, PA 15219-2496 PHONE (412) 350-4700 FAX (412) 350-6388 PETER R. DEFAZIO DENNIS SKOSNIK Sheriff. ~ '~ ,--, ./_.Chief Deputy PLAINTIFF: "~ ~ {~(~[,~ (~'C~(~..J CASE#: Ol-.~,5~ ~ / ~ ' VS . E~RES: ~~_ DE~', ~ 0~ ~- {~ ~ ('~ ~'~ ~SUMMONS/PRAECIPE "' ' ~ - .... -'/ ' "~' (Q SEIZURE OR POSSESSION ~ / DEFT.:~ _~ __ Q NOTICE AND COMP~INT ' ~ DEFT.: .... Q REVIVAL OR SCl FA ~ARNISHEE: . Q INTERROGATORIES ADDRE~' ~0~ ~~ ~ ~ ~ ~~ Q EXECUTION . LEVY OR GARNISHEE . '~ NOW: [ 20 I, SHERIFF OF ALLEGHENY COUNt, PA do hereby deputize the She~ of Coun~ to ex,ute this Wdt and make return thereof a~o~i~ to law NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, with out liability on the part of such deputy herein for any loss, destruction or removal of any such property before sheriffls sale therof. Seize,rtevy, advertise and sell all the personal property of the defendant on the premises located at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY hearby CERTIFY and RETURN th.at,~n th,e/ ~"~,5 o clock, A.~ddress Above/Address Below, ,~d e served in the manner Described below: efendant(s) personally served. ult family member with whom said Defendant(s) reside(s). Name & Relationship Adult in charge of Defendant's residence who refused to give name or relationship. Manager/other person authorized to accept deliveries of United States Mail Agent or person in charge of Defendant(s) office or usual place of business. --~'"{~ T ,20 County of Allegheny, Pennsylvania Other , at n Property Posted Defendant not found because: ra Moved Q Unknown n NoAnswer raVacant []Other [] Certified Mail [] Receipt ia Envelope Returned [] Regular Mail Why [] Neither receipt or envelope retuned: writ expired You are hereby notified that on ., 20 , levy was made in the case of Possession/Sale has been set for ,20 at o'clock (~,~,MUST ~ALL DEPUTY ON THE MORNING OF SALF./POSSESSION BETWEEN 8:30.9:30 A/J~i. ATTEMPTS / / / ~/j Additional Costs Due $ , This is PEI'ER R. FAZI placed on writ when returned to Prothonotary. Please check BY: before satisfying case. (DEPUTY) Affirmed and subscribed before me ~ ~ this day of .20 DISTRICT: Notary White Copy - Sheriff Pink Copy - Attorney ALLEGHF PETER R. DE~AZIO She~ ~' DEFT.: · COUNTY SHER1FF SDEPAF' MENTJ 436 GRANT STREET PITTSBURGH, PA 15219-2496 PHONE (412) 350-4700 FAX (412) 350-6388 DEFT.~ DEFT.: VS. DENNIS SKOSNIK _ C__hie_[f D~puty CASE#: (~-- ["?. O [- ~ b"~ EXPIRE~: ~ I ~/u~ J 0 ~ SUMMONSJPRAE~IPE r~ SEIZURE OR POSSESSION r~ NOTICEAND COMPLAINT ~ Q REVIVAL OR SCl FA GARNISHEE:~ ~ [3 INTERROGATORIES ~/,',.~~ I~ ,:[,,/~.~/~ <,, L] ,/~-, (~ ~ O EXECUTION. LE~ OR GARNISHEE A~ INDICATE TYPE OF SERVICE: Q PERSONAL~RSON IN CHARGE Q DEPUTIZE Q MAIL ~ POSTED Q OTHER Q LEVY Q SEIZED&STORED NOW: ~ ~ ~ _ f ~ n ~2g~ I. SHERIFFOFALLEGHENYCOUN~PAdoherebydeputize~eShe~of [~ ~ ~ ~) ~ ~ ~ Coun~ to execute this Wdt and make return ther~f a~ing to law _ NOTE: ONLY APPMOABLE ON ~IT OF EXECUTION: N.B. wAIvER OF WATCHMAN-Any deputy sheriff levying upon or aEachi~g any prope~ u~der within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying pemon of le~ or a~achment, with out liabili~ on the pad of such depu~ heroin for any loss, destruction or removal of any such propedy before sheriff's sale therof. Seize,'l~, adverse and sell all the pemonal pmper~ of ~e defendant on the premises I~ated at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY I hearby CERTIFY and RETURN that on the day of ,...~ ,20 ~, at o'clock, A.M./RM. Address Above/Address Below, County of~gheny, Pen~/Ivania : I have served in the manner Described below: ~"~r~ ~ : ' r~ Defendant(s) personally served. C) ~: :' r~ Adult family member with whom said Defendant(s) reside(s). Name & Relationship r3'l _o~'° ~ Q Adult in charge of Defendant's residence who refused to give name or relationship. ~.~ ' Q Manager/other person authorized to accept deliveries of United States Mail ~ ~ rlrl¢~ -0 ~, Q Agent or person in charge of Defendant(s) office or usual place of business. ~ :rr~ O Other ~ Q Property Posted Defendant not found because: Q Moved ~1 Certified Mail Q Receipt r~ Regular Mail Why Unknown Q NoAnswer Q Vacant Q Other Q Envelope Returned Q Neither receipt or envelope retuned: writ expired You are hereby notified that on ,20 , levy was made in the case of Possession/Sale has been set for ,20 at YOU MUST CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8:30 · 9:30 A.M. ATTEMPTS / / Additional Costs Due $ ., This is placed on writ when returned to Prothonotary. Please check before setlsfying case. Affirmed and subscribed before me this day of 20 / / / PETER R. DEFAZIO, Sheriff BY: {DEPUTY) o'clock DISTRICT: White Copy - Sheriff Pink Copy - Attorney Notary / ~ ~b/ ALLEGH! I' C~ (~ PETER R. DEFAZIO. Sheri~ PLAINTIFF: DEFT.: DEFT: GARNISHEE: COUNTY S" ERI I~A MEN.T 436 GRANT STREET PITTSBURGH, PA 15219-2496 PHONE (412) 350-4700 FAX (412) 350-6388 DENNIS SKOSNIK .~. C h~i~,e.l~tty CASE#: ~"("~: 01 -% EXPIRES: ~..~ J I (~3 / 0 I Q/~ SUMMONS/15RAECII~E SEIZURE OR POSSESSION Q NOTICE AND COMPLAINT Q REVIVALOR SCl FA Q INTERROGATORIES '~ EXECUTION · LEVY OR GARNISHEE Q OTHER ADDRESS: ~-~T~_~ ,.z~O 0 -T"L~(') ~J ~ f31. INDICATE TYPE OF SERVICE: Q PERSONAL~ERSON IN CHARGE Q DEPUTIZE Q MAIL ~ POSTED r~ OTHER [3 LEVY Q SEIZED & STORED NOW: I~ ~) ~ ,~ ~ ~ /~0~ I, SHERIFFOFALLEGHENYCOUNTY, PA do hereby deputize the Shedff of ! ~ !'~ (_ ~ (I (~__ ~ County to execute this Writ and make retum thereof according to law NOTE: ONLY APPMC'ASLE O~RIT OF EXEC~JTI'~N::.B. WAI~'E. OF WATC.M~N - ^ny d~puty shedff levy,ng upon or attaching any propetty under within writ may reave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, with out liability on the patt of such deputy herein for any loss, destruction or removal of any such property before sheriff's sale therof. Seize,.levy, advertise and sell all the personal property of the defendant on the premises located at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY hearby CERTIFY and RETURN that on the day of , ~, 20 o'clock, A.M./RM. Address Above/Address Below, County of Allegl3eny, Pennsylvania have served in the manner Described below: ;'~'~,~'~ ~ Defendant(s) personally served. Adult family member with whom said Defendant(s) reside(s). Name & Relationship Adult in charge of Defendant's residence who refused to give name or relationship. Manager/other person authorized to accept deliveries of United States Mail Agent or person in charge of Defendant(s) office or usual place of business, Q Other Q Property Posted Defendant not found because: Q Moved r~ Certified Mail ~ Receipt Q Regular Mail Why Unknown Q NoAnswer Q Envelope Returned Neither receipt or envelope retuned: writ expired You are hereby notified that on ,20 , levy was made in the case of Possession/Sale has been set for _, 20 at YOU MUST CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8:30 - 9:30 A.M. ATTEMPTS / / / / / o'clock Additional Costs Due $ ~, This is placed on writ when mtumed to Prothonotary. Please check before satisfying case. Affirmed and subscribed before me this . day of 20 __ PETER R. DEFAZIO, Sheriff BY: DISTRICT: (DEPUTY) Notary White Copy - Sheriff Pink Copy - Attorney SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone 610-478-6240 Fax 610-478-6222 Barry Jozwiak, Sheriff Eric J. Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 01-GD-855 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, JACQUELINE WEAKNECHT, Assistant Chief Deputy for Barry J. Jozwiak, Sheriffof Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that a~er diligent search having been made by him, he was unable to find DAVID K. DELONG, within named defendant, within ~his bailiwick. ~lSf./~ SHI~RIFF O~BERKS CO., PA NOTE: THE GIVEN ADDRESS FOR THE WITHIN NAMED DEFENDANT IS LOCATED IN LEHIGH COUNTY. Sworn~d subscribed before me named defendant. N 0 (ARIAL SEAL ~Answers, ~ TAMMY HODRIGU~, Notary Public ~eading, Berks County PA I My Commission Exp~,e~ 10-06-~3 ' ~ SHE~F 0F Bf~S C~ Sheriffs Costs in Above Proceedings $ 75.00 DEPOSIT $ 44.70 ACTUAL COST OF CASE $ 30.30 REFUND ATTACHED All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive fi.om the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees and the same before he shall be obligated by law to make return thereof. __Sec. 2, Act of June 20, 1911, P.L. 1072 SHERIFF OF BERKS COUNTY 633 Court Street, Reading, PA 19601 Phone 610-478-6240 Fax 610-478-6222 Barry Jozwiak, Sheriff Eric ~ Weaknecht, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 01 -GD-855 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, JACQUELINE WEAKNECHT, Assistant Chief Deputy for Barry J. Jozwiak, Sheriffof Berks County, Pennsylvania, who being duly sworn according to law, deposes and says that at~er diligent search having been made by him, he was unable to fred DAVID KISTLER & GRANDSON, INC, within t~amed defendant, within this bailiwick. ~ ~I~]~RIFF--O~ grERKS CO., rA NOTE: ~ GIVEN ADDRESS FOR THE WITHIN NAMED DEFENDANT IS LOCATED IN LEHIGH COUNTY. Sworn and subscribed before me NOTARIAL SEAL TAMMY RODRIGUEZ, r'~otay Public Reading, ~erks County, PA My Commission ~ires 10~2~3 Sheriff's Costs in Above Proceedings $ DEPOSIT $ ACTUAL COST OF CASE $ REFUND ATTACHED "NOT FOUND" as to the above named defendant. So Answers, SH ~RIFF CqBERK CO~~, PA All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriff's fees and the same before he shall be obligated by law to make return thereof. __Sec. 2, Act of June 20, 1911, P.L. 1072 '~'~ ~'~ G.D. No. 01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D.M. BOWMAN, Plaintiff, V. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendant. CIVIL DIVISION G.D. No. 01-855 Issue No. COMPLAINT Code: Filed on behalf of Plaintiff Counsel of record for this party: John T. Pion, Esq. PA. I.D. #43675 Michael F. Nerone, Esq. PA. I.D. #62446 DICK/E, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 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 IN THE COMPLAINT OR FOR ANY CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service The Allegheny County Bar Association 920 City-County Building Pittsburgh, PA 15219 (412) 261-0518 G.D. No. 01-855 COMPLAINT AND NOW, COMES the Plaintiff, D.M. Bowman, by and through its counsel, Dickie, McCamey & Chilcote, P.C. and John T. Pion, Esquire and Michael F. Nerone, Esquire and files this Complaint in support of which it avers the following: 1. The Plaintiff, D.M. Bowman is a Maryland corporation having its principal place of business in Maryland. 2. The Defendant, Johnny Scott Weigner is an individual residing at 1028 Franklin Street, Oakdale, Pennsylvania. 3. The Defendant, Schneider National Carriers, Inc., based upon information and belief is a corporation maintaining a principal place of business in Ottawa, Illinois. 4. The Defendant, Herbert W. Farenkopfis an individual residing at 668 East 20th Street, North Hampton, Pennsylvania. 5. The Defendant, David Kisfler and Grandson, Inc., based upon information and belief is a Pennsylvania corporation maintaining its principal place of business at 9128 Kings Highway, Kempton, Pennsylvania. 6. The Defendant, David K. DeLong is an individual residing and/or doing business at 9128 Kings Highway, Kempton, Pennsylvania. 7. On or about Janual3~ 8, 2001, the Defendant Johnny Scott Weigher was operating a tractor and trailer eastbound on Interstate 76 in Cumberland County, Pennsylvania. 8. At the above-referenced time and place, Defendant Weigner was employed by or under a lease with Defendant Schneider National Carriers, Inc., and was displaying Schneider National Carriers' ICC numbers and placards on his tractor. G.D. No. 01-855 9. At the above-referenced time and location Defendant Farenkopfwas operating a special construction vehicle eastbound on Interstate 76. 10. At the above-referenced time and place, Defendant Farenkopfwas employed by Defendant David Kistler and Grandson, Inc., and displaying Defendant David Kistler and Grandson's ICC numbers and placards on his special construction vehicle. 11. Defendant David K. DeLong owned the special construction vehicle being driven by Defendant Farenkopf on the above-referenced date. 12. Based upon information and belief, Defendant Farenkopf pulled onto the eastbound lanes of Interstate 76 from the berm at an extremely slow rate of speed without adequate warning to the oncoming traffic of his presence. 13. As Defendant Farenkopfwas pulling his vehicle onto the eastbound lanes of Interstate 76 Defendant Weigner impacted the rear of the Defendant Farenkopf's vehicle, with both vehicles ultimately coming to rest in the left eastbound lane of Interstate 76 near mile marker 237.6. 14. When Defendant Weigner's and Defendant Farenkopf's vehicles came to rest, none of the lights on either vehicle were illuminated. 15. Neither Defendant Farenkopfnor Defendant Weigher erected any flares, reflective devices or other warnings of their presence in the lef~ eastbound lane of Interstate 76. It was dark outside at the time of the above-referenced accident and at all relevant 16. times hereto. 17. At some point after the above-referenced motor vehicle accident between Defendant Farenkopf and Defendant Weigher, a tractor trailer owned and operated on behalf of DM. Bowman was proceeding eastbound on Interstate 76 within the posted speed limit in a proper and appropriate manner. 2 G.D. No. 01-855 18. As a result of the presence of Defendant Farenkopfs and Defendant Weigner's vehicles in the left eastbound lane of travel and the complete lack of warning or notice to oncoming vehicular traffic, D.M. Bowman's tractor and trailer was confronted with this sudden emergency and forced to move from the left eastbound lane of Interstate 76 into the right eastbound lane of Interstate 76, thereby causing an impact with a passenger vehicle operated by Miles L. Kirkhuff 19. As a result of the impact, D.M. Bowman's tractor and trailer sustained property damage, D.M. Bowman was forced to incur repair costs and expenses, D.M. Bowman suffered loss of use of its tractor and trailer and, to the extent any damage was inflicted upon D.M. Bowman's cargo, the same is claimed as damages in this action. COUNT I D.M. BOWMAN V. WEIGNER 20. The averments set forth in Paragraphs 1 through 19 above are incorporated herein by reference as if the same were set forth herein at length. 21. D.M. Bowman suffered the above-described injuries and damages as a direct and proximate result of the negligence of Defendant Weigher, who was negligent in some or all of the following particulars: (a) (b) (c) (d) in driving his tractor and trailer at an excessive rate of speed; in failing to properly have his tractor and trailer illuminated while driving in nighttime conditions on the highway; in failing to maintain an assured clear distance ahead; in impacting with the rear of Defendant Farenkopf s construction vehicle and thereby disabling both vehicles in the left eastbound lane of Interstate 76; 3 G.D. No. 01-855 (e) in obstructing the left eastbound lane of Interstate 76; (f) in failing to properly and adequately inspect his vehicle before operating it on the highway to insure that it was properly illuminated; (g) in failing to warn oncoming motorists of his disabled vehicle after his impact with Defendant Farenkopf; (h) in failing to take evasive action to avoid impacting Defendant Farenkopf's vehicle; (i) by operating a vehicle with insufficient or malfunctioning brakes; (j) in failing to properly inspect his vehicle to detect his malfunctioning brakes; (k) by driving his vehicle in excess of the federally regulated hours of service; 0) in falling asleep and/or failing to keep a proper look out ahead; (m) in operating his vehicle while suffering from health problems or other physical conditions which impaired or inhibited his ability to safely proceed; (n) in being otherwise negligent under the circumstances; (o) in operating his vehicle when it was overloaded. 22. As a direct and proximate result of Defendant Weigner's negligence, Plaintiff sustained the injuries and damages set forth above. WHEREFORE, the Plaintiff demands that judgment be entered against Defendant Weigher in an amount in excess of the arbitration jurisdictional limits of this Court, plus interest and costs. 4 G.D. No. 01-855 COUNT 1I I).M. BOWMAN V. SCltNEIDER NATIONAl, 23. The averments set forth in Paragraphs 1 through 22 above are incorporated herein by reference as if the same were set forth here at length. 24. Defendant Schneider National is vicariously liable to the Plaintiff as a result of the negligence of Defendant Weigher as is set forth above and incorporated herein by reference. 25. Additionally, Defendant Schneider National was directly negligent in some or all of the following particulars: (a) in negligently hiring or entering a lease agreement with Defendant Weigner when it knew or should have known that Defendant Weigher was incompetent and/or otherwise unable to properly operate his tractor and trailer; (b) in failing to perform an adequate background check on Defendant Weigner; (c) in entrusting Defendant Weigher to drive on its behalf when it knew or should have known that he was incompetent and/or incapable of safely operating a tractor and trailer; (d) in failing to adequately inspect Defendant Weigner's tractor and trailer; (e) in overloading Defendant Weigner's tractor and trailer; (f) in failing to properly train Defendant Weigner; (g) in retaining Defendant Weigner to drive on its behalf when it knew or should have known that he was incapable or incompetent to safely operate a tractor and trailer. 5 G.D. No. 01-855 26. As a direct and proximate result of Defendant Schneider National's negligence, the Plaintiffhas suffered the injuries or damages set forth above. WHEREFORE, the Plaintiff demands judgment be entered against Defendant Schneider National Carrier, Inc., in an amount in excess of the arbitration jurisdictional limits of this Court, plus interest and costs. COUNT HI D.M. BOWMAN V. FARENKOPF 27. The averments set forth in Paragraphs 1 through 26 above are incorporated herein by reference as if the same were set forth herein at length. 28. Plaintiff sustained the injuries and damages set forth above as a direct and proximate result of negligence of Defendant Farenkopf, who was negligent in some or all of the following p~rticulars: (a) in failing to yield the right-of-way to Defendant Weigner's oncoming tractor and trailer; (b) in failing to properly have his vehicle illuminated while driving in night time conditions; (c) in driving his vehicle at an excessively slow rate of speed on Interstate 76 without warning to oncoming motorists; (d) in failing to confirm that there was sufficient time and space to enter omo Interstate 76 before pulling onto the highway; (e) in obstructing the path of travel of Defendant Weigner's tractor and trailer; (0 in obstructing the left eastbound lane of Interstate 76; (g) in failing to illuminate or warn oncoming traffic on Interstate 76 that he had obstructed the left eastbound lane; 6 G,D. No. 01-855 (h) in failing to take evasive action to avoid impact with Defendant Weigner's tractor and trailer; (i) in failing to properly and adequately inspect his vehicle before operating it on the highway; 0) in operating a malfunctioning vehicle on an Interstate highway; (k) in operating his vehicle in excess of the federally regulated hours of service; (1) in operating his vehicle when he was physically incapable of doing so; (m) in being otherwise negligent under the circumstances. 29. As a direct or proximate result of Defendant Farenkopf s negligence, the Plaintiff suffered the injuries and damages set forth above. WHEREFORE, the Plaintiff demands a judgment be entered against Defendant Farenkopfin an amount in excess of the arbitration jurisdictional limits of this Court, plus interest and costs. COUNT IV D.M. BOWMAN V. DAVID K/STLER AND GRANDSON, INC. 30. The averments set forth in Paragraphs 1 through 29 above are incorporated herein by reference as if the same were set forth herein at length. 31. Defendant David Kistler and Grandson, Inc., is vicariously liable for the negligence of Defendant Farenkopf as set forth above. 32. Additionally, Defendant David Kistler and Grandson, Inc., is directly negligent in some or all of the following particulars: (a) in negligently hiring Defendant Farenkopfwhen he was incompetent or incapable of properly operating his vehicle on the highway; 7 G.D. No. 01-855 (b) in negligently retaining Defendant Farankopfwhen he was incompetent and/or incapable of safely operating his vehicle on the highway; (c) in negligently entrusting a vehicle to Defendant Farenkopfwhen he was incapable of operating said vehicle on the highway in a safe manner; (d) in failing to inspect Defendant Farenkopf's vehicle before allowing him to operate the same on the highway; (e) in allowing Defendant Farenkopfto operate a malfunctioning vehicle on the highway; (f) in allowing Defendant Farenkopfto operate an overloaded vehicle on the highway; (g) in being otherwise negligent under the circumstances. 33. As a direct and proximate result of Defendant David Kistler and Grandson, Inc.'s negligence, Plaintiff sustained the injuries and damages set forth above. WHEREFORE, the Plaintiff demands that judgment be entered against Defendant, David Kistler and Grandson, Inc. in an amount in excess of the arbitration jurisdictional limits of this Court, plus interest and costs. COUNT V D.M. BOWMAN V. DEFENDANT DELONG 34. Plaintiff incorporates herein by reference the averments set forth in Paragraphs 1 through 33 above as if the same were set forth herein at length. 35. To the extent that Defendant Farenkopfwas an employee of Defendant DeLong and/or operated the special construction vehicle displaying Defendant DeLong's ICC numbers and/or ICC placards then Defendant DeLong is vicariously liable to the Plaintiff for the negligence of Defendant Farenkopf as set forth above. 8 36. following particulars: (a) (b) G.D. No. 01-855 Additionally, Defendant DeLong is directly negligent in some or ail of the in falling to properly maintain his vehicle; in allowing Defendant Farenkopf and/or Defendant David Kistler and Grandson, Inc., to operate his vehicle when the same was malfunctioning; (c) for falling to have adequate illumination on his vehicle for nighttime use and knowingly permitting said vehicle to be operated in nighttime conditions; (d) in negligently entrusting his vehicle to Defendant Farenkopfwhen he knew or should have known that Defendant Farenkopfwas incompetent and/or incapable of safely operating the same on the highway; (e) in allowing his vehicle to be overloaded and then to be operated on the highway in nighttime conditions; (f) in being otherwise negligent under the circumstances. 37. As a direct and proximate result of Defendant DeLong's negligence, Plaintiff suffered the injuries and damages set forth above. WHEREFORE, the Plaintiff demands that judgment be entered against Defendant DeLong in an amount in excess of the arbitration jurisdictional limits of this Court, plus interest and costs. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By~f~ John T. Pion, Esquire Michael T. Nerone, Esquire Attorneys for Plaintiff 9 G.D. No. 01-855 VERIFICATION I, Michael F. Nerone, Esquire have read the foregoing Complaint. The statements therein are correct to the best of my personal knowledge or information and belie£ This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. DATED: Michael F. Nerone, Esquire Attorney for Plaintiff G.D. No. 01-855 CERTIFICATE OF SERVICE I, Michael F. Nerone, Esquire, hereby certify that true and correct copies of the foregoing Complaint have been served this"'/'$~ day of March, 2001, by U.S. First Class mail, postage prepaid, to the following listed below: Jack Emas, Esquire JACK EMAS & ASSOCIATES 3130 Centre Square West 1500 Market Street Philadelphia, PA 19102 Brennan Hart, Esquire MARSHALL, DENNEHEY USX Tower Suite 2900 600 Grant Street Pittsburgh, Pa 15219 DICKIE, McCAMEY & CHILCOTE, P.C. Michael F. Nerone, Esquire Attorneys for Plaintiff G.D. No. 01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D.M. BOWMAN, Plaintiff, CIVIL DIVISION G.D. No. 01-855 v. Issue No. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendant. PRAECIPE TO REISSUE WRIT OF SUMMONS IN CIVIL ACTION Code: Filed on behalf of Plaintiff Counsel of record for this party: John T. Pion, Esq. PA. I.D. #43675 Michael F. Nerone, Esq. PA. I.D. #62446 DICKIE, McCAMEY & CH/LCOTE, P.C. Finn #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS IN C1VIL ACTION TO: PROTHONOTARY Kindly reissue a Writ of Summons in Civil Action against the Defendants, David K. DeLong and David Kistler & Grandson, in the above-captioned case. DICKIE, McCAMEY & CHILCOTE, P.C. BY: Michael F. Nerone, Esquire Attorney for Plaintiff * - G.D. No. 01-855 IN THE COURT OF COMMON PLEAS OF ALLEGI-~NY COUNTY, PENNSYLVANIA D.M. BOWMAN, Plaintiff, JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendant. CIVIL DIVISION G.D. No. 01-855 Issue No. AFFIDAVIT OF SERVICE BY CERTIFIED Filed on behalf of Plaintiff Counsel of record for this party: John T. Pion, Esq. PA. I.D. ~43675 Michael F. Nerone, Esq. PA. I.D. #62446 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE BY CERTIFIED MAIl, COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF ALLEGHENY : Before me, the undersigned authority, personally appeared, Michael F. Nerone, Esquire, who deposes and says that he mailed a copy of the Writ of Summons in Civil Action filed in the above- captioned action to Snyder National Carriers, Inc., 20th Street & Center, Ottawa, Illinois 61350, on January 19, 2001, by certified mail. A copy of the returned receipt which evidences service being made, is attached hereto as Exhibit "A". Sworn to and subscribed before ~ary Public eno. Dowd, Nora - I ~Y Comm~io. ~neny _t;ougly Michael F. Nerone EXHIBIT "A" GD01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM Bowman, Plaintiff, Herbert W. Farenkopf, Snyder National Carriers, Inc., David Kistler & Grandson, Inc. and David K. DeLong, Defendants. CIVIL DIVISION No.: GD-01-855 STIPULATION Filed on behalf of Defendants, David Kistler & Grandson, Inc. and David K. DeLong and Herbert W. Farenkopf Counsel of Record for this Party: P. Brennan Hart, Esquire PA ID 18123 Tyler J. Smith, Esquire PA ID 70492 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 ' ' GD-01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM Bowman Plaintiff, CIVIL DIVISION No.: GD-01-855 Herbert W. Farenkopf, Snyder National Carders, Inc., David Kistler & Grandson, Inc. and David K. DeLong, Defendants. AND NOW to wit this STIPULATION day of ~t~'~ { ,2001 Michael F. Nerone, Esquire, counsel for Plaintiff, and Tyler J. Smith, Esquire, counsel for Defendant, hereby agree and stipulate to the following: 1. The averments set forth in Paragraph 28(m) of Plaintiffs Complaint is stricken with prejudice; 2. The averments set forth in Paragraph 32(g) of Plaintiffs Complaint is stricken with prejudice; with prejudice; The averments set forth in Paragraph 36(f) of Plaintiffs Complaint is stricken Respectfully By: Att Kis Michael F. Nerone, Esquire Attorney for Plaintiff DM Bowman ae~&~°iGrrth~ i~ionq~ir~t~ y;Viav~d K. DeLong ~erbert W Farenkopf GD-01-855 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within STIPULATION was served upon all parties listed below, by first class United States Mail, postage prepaid, this 10th day of April, 2001, addressed as follows: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (Attorney for Plaintif~ Jack Emas, Esquire 3130 Center Square W. 1500 Market Street Philadelphia, PA 19102 (AttorneyforSnyderNational Car~c.I WARNER, ' T~,ler J. ~ ~ith, Esquire Attorney 7or Defendants l~avid Kistler & Grandson, Inc.,~David K. DeLong nd Herbert W. Farenkopf \12_A~LIAB\TJS~LLPG\167034\CZD\19178\00102 Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 I, .~, or a judgment m~y be entered Attorfigy~$srt~efendant, Johnn~ Scott Weigner D.M. BOWMAN V. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY JORHNY SCOTT WEIGNER, : SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER : AND GRANDSON, INC. AND DAVID IC DELONG NO. G.D. NO. 01-855 ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM OF DEFENDANT JOHNNY SCOTT WEIGNER 1. Denied. After reasonable investigation, answering defendant lh6ks sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph, therefore, same are demed. 2. Admitted. 3. As this allegation pertains to another defendant, no response is required. 4. As this allegation pertains to another defendant, no response is required. 5. As this allegation pertains to another defendant, no response is required. 6. As this allegation pertains to another defendant, no response is required. 7. Admitted. 8. Denied. All allegations are specifically denied, as the tractor and any allegations regarding the capacity of answering defendant are not identified with any particularity. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in this paragraph, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. 9. Denied. As the allegations of this paragraph pertain to another defendant, no response is required. 10. Denied. As the allegations of this paragraph pertain to another defendant, no response is required. 1 I. Denied. As the allegations of this paragraph pertain to another defendant, no response is required. 12. Admitted. 13. Denied. On the contrary, contact occurred as a result of the sudden and abrupt action by co-defendant Farenkopf, placing answering defendant in a sudden emergency situation. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in this paragraph, therefore, same are demed. The remaining allegations of this paragraph are denied as conclusions of law to which no response is required. 14-15. Denied. Insofar as this paragraph pertains to another defendant, no response is required. It is specifically demed answering defendant failed to take precautionary measures and it is further averred that he acted with due care under the circmstances. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the troth of the remaining factual allegations contained in these paragraphs, therefore, same are demed. The remaining allegations of these paragraphs are denied as conclusions of law to which no response is required. 16. Admitted. 17. Demed. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the factual allegations contained in this paragraph, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. 18. Denied. Answering defendant incorporates his answer to paragraphs 14 and 15 to plaintiff's Complaint hereto. 19. Denied. Answering defendant specifically denies there is any causal connection between the alleged actions or inactions of answering defendant and plaintiff's alleged injuries and/or damages. On the contrary, plaintiff's injuries and/or damages resulted from plaintiff's own acts or omissions, or actions or inactions of persons or parties over whom answering defendant had no control or right of control. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the troth of the remaining factual allegations contained in this paragraph, therefore, same are denied. The remaining allegations are demed as conclusions of law to which no response is required. 20. Answering defendant incorporates herein by reference his answers to paragraphs 1 through 19 to Plaintiff's Complaint as though same were fully set forth herein at length. 21. Denied. Answering defendant specifically denies all allegations of negligence. On the contrary, answering defendant acted with due care under the circumstances and was confronted with a sudden and abrupt situation resulting in a sudden emergency due to the actions by co-defendant Farenkopf. It is specifically denied answering defendant operated a tractor and trailer at an excessive rate of speed and ftmher specifically denied that he failed to properly have the tractor and trailer illuminated while driving. Answering defendant specifically denies there is any causal connection between the alleged actions or inactions of answering defendant and plaintiff's alleged injuries and/or damages. On the contrary, plaintiff's injuries and/or damages resulted fi:om plaintiff's own acts or omissions, or actions or inactions of persons or parties over whom answering defendant had no control or right of control. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in this paragraph and its subparts, therefore, same are denied. The remaining allegations of this paragraph and its subparts are denied as conclusions of law to which no response is required. 22. Denied. Answering defendant specifically denies all allegations of negligence. On the contrary, answering defendant acted with due care under the circumstances and was presented with a sudden emergency. Answering defendant specifically denies there is any causal connection between the alleged actions or inactions of answering defendant and plaintiff's alleged injuries and/or damages. On the contrary, plaintiff's injuries and/or damages resulted fi:om plaintiff's own acts or omissions, or actions or inactions of persons or parties over whom answering defendant had no control or right of control. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in this paragraph therefore, same are denied. The remaining allegations are demed as conclusions of law to which no response is required. WHEREFORE, Answering defendant Johnny Scott Weigner requests judgment in his favor or in the alternative, that Plaintiff's Complaint be dismissed with prejudice. 23. Answering defendant incorporates hereto by reference his answers to paragraphs 1 through 22 to Plaintiff's Complaint as though same were fully set forth hereto at length. 24. Demed. As the allegations of this paragraph pertain to another defendant, no response is required. Insofar as this allegation pertains to answering defendant, all allegations of negligence are specifically denied. The remaining allegations of this paragraph are denied as conclusions of law to which no response is required. 25. As the allegations of this paragraph and its subparts pertain solely to another defendant, no response is required. 26. As the allegations of this paragraph pertain to another defendant no response is required. 27. Answering defendant incorporates herein by reference his answers to paragraphs 1 through 26 to Plaintiff's Complaint as though same were fully set froth hereto at length. 28-29. As these allegations pertain to another defendant, no response is required. WHEREFORE, Answering defendant Johnny Scott Weigher requests judgment in his favor or in the alternative, that Plaintiff's Complaint be dismissed with prejudice. 30. Answering defendant incorporates herein by reference his answers to paragraphs 1 through 29 to Plaintiff's Complaint as though same were frilly set forth herein at length. 31-33. As these allegations pertain to another defendant, no response is required. WHEREFORE, Answering defendant Johnny Scott Weigner requests judgment in his favor or in the altemative, that Plaintiff's Complaint be dismissed with prejudice. 34. Answering defendant incorporates herein by reference his answers to paragraphs 1 through 33 to Plaintiff's Complaint as though same were fully set forth herein at length. 35-37. As these allegations pertain to another defendant, no response is required. WHEREFORE, Answering defendant Johnny Scott Weigher requests judgment in his favor or in the alternative, that Plaintiff's Complaint be dismissed with prejudice. 38. Plaint/frs' claims are barred or 1/mited pursuant to the Pennsylvama Comparative Negligence Act. 39. Plaintiffs'cause of action is barred in whole or in part by the application of doctrine of assumption of risk. 40. Plaintiffs' claims are barred by the applicable statute of limitations. 41. Plaintiffs' injuries and/or damages were caused by conduct or lack of conduct of persons or parties over whom answering defendant had no control or right of control. 42. Plaintiffs'Complaint fails to set forth a cause of action for which relief can be granted. 43. Plaintiffs'claims are barred due to their failure to meet the limited tort threshold. 44. PlaintifFs claims are barred by the sudden emergency doctrine. 45. Plaintiff, solely or by or through its driver, violated the rules of the road, including but not limited to the assured clear distance rule. CROSSCLAIM DIRECTED TO DEFENDANTS HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON INC. AND DAVID IL DELONG 1. If the allegations of Plaintiffs'Complaint are proven as tree, said defendant Johnny Scott Weigner specifically denies any liability and responsibility for same, then defendants Herbert W. Farenkopf, David Kistler and Grandson, Inc. and David K. DeLong are solely liable to plaintiffs for any and all claims, jointly and severally liable, or liable over to answering defendant Johnny Scott Weigher for contribution and/or indemnity. WHEREFORE, Answering defendant requests judgment in his favor. VERIFICATION JOHNNY SCOTT WEIGNER, states that he is the Defendant in the above matter; that the facts set forth in the foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT are true and correct to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Jol~my ScOtt Weigner Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No, 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 Attorney for Defendants D.M. BOWMAN V. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY JOHHNY SCOTT WEIGNER, SNYDER NATIONAL CARRIF~RS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID IC DELONG MOTION TO COMPEI~ NO. G.D. NO. 01-855 1. Plaintiff filed Civil Action in Court of Common Pleas of Allegheny County due to automobile accident and alleged property damage claim. 2. On February 12, 2001 defendants served on plaintiff interrogatories, expert interrogatories and request for production of documents. 3. Upon expiration of the 30 day time period applicable for which parties can respond to discovery, in accordance with the Pennsylvania Rules of Civil Procedure, defense counsel herein submitted correspondence dated April 23, 2001 to plaintiffs counsel advising that if responses were not obtained by the end of April the instant motion would be filed. 4. Despite the above extension, said discovery answers remain outstanding. 5. As a result of plainfitTs failure to answer said interrogatories, expert interrogatories and request for production of documents, defendants herein will be severely impaired and prejudiced to further investigate and evaluate this case as well as pursue whatever additional discovery is necessary if plaintiff is not compelled to supply full and complete answers. WHEREFORE, Defendants request the instant motion to compel be granted. JACK EMAS & ASSOCIATES VERIFICATION JACK EMAS, ESQUIRE states that he is the attorney for the Defendant in the above matter; that the facts set forth in the foregoing MOTION TO COMPEL are true and correct to the best of his knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 D.M. BOWMAN JOHHNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID K. DELONG Attorney for Defendant, Schneider National Carriers, Inc., improperly captioned as Snyder National Carriers, Inc.. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY NO. G.D. NO. 01-855 CERTIFICATE OF SERVICE I hereby certify that a copy of Motion to Compel was served on the following counsel on th~ ¢ tTr~ay of May, 2001 by United States first class mail postage prepaid. Michael F. Nerrone, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222 JACK EMAS & ASSOCIATES Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 Attomey for Defendants D.M. BOWMAN Vo COURT OF COMMON PLEAS OF ALLEGHENY COUNTY JOHHNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID IC DELONG NO. G.D. NO. 01-855 AND NOW, to wit, this day of ,2001, upon consideration of the within Motion to Compel of Defendants, it is hereby ORDERED that plaintiff shall file full and complete answers to defendant's interrogatories, expert interrogatories and request for production of documents within twenty (20) days of the date hereof. BY THE COURT: '~^' '- G.D. No. 01-855 IN TI-~ COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D.M. BOWMAN, Plaintiff, JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, 1NC., AND DAVID K. DELONG, Defendant. CIVIL DIVISION G.D. No. 01-855 REPLY TO NEW DEFENDANT, JOItNNY WEIGNER Filed on behalf of Plaintiff MATTER OF SCOTT Counsel of record for this party: John T. Pion, Esq. PA. I.D. #43675 Michael F. Nerone, Esq. PA. I.D. #62446 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED REPLY TO NEW MATTER OF DEFENDANT, JOHNNY SCOTT WEIGNER AND NOW, comes the Plaintiff, D.M. Bowman, by and through its counsel, Dickie, McCamey & Chilcote, P.C and Michael F. Nerone, Esquire and John T. Pion, Esquire and file this Reply to New Matter, in support of which they aver the following: 1. The averments set forth in Paragraph 38 of Defendant Weigner's New Matter state conclusions of law to which no response ts required. To the extent a response may be deemed required, said allegations are denied. 2. The averments set forth in Paragraph 39 of Defendant Weigner's New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. 3. The averments set forth in Paragraph 40 of Defendant Weigner's New Matter state conclusions of law to which no response ts required. To the extent a response may be deemed required, said allegations are denied. 4. The averments set forth in Paragraph 41 of Defendant Weigner's New Matter state conclusions of law to which no response ts required. To the extent a response may be deemed required, said allegations are denied. 5. The averments set forth in Paragraph 42 of Defendant Weigner's New Matter state conclusions of law to which no response ts required. To the extent a response may be deemed required, said allegations are denied. 6. The averments set forth in Paragraph 43 of Defendant Weigner's New Matter state conclusions of law to which no response ts required. To the extent a response may be deemed required, said allegations are denied. G.D. No. 01-855 7. The averments set forth in Paragraph 44 of Defendant Weigner's New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. 8. The averments set forth in Paragraph 45 of Defendant Weigner's New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. John T. Pion, Esquire Michael T. Nerone, Esquire Attorneys for Plaintiff G.D. No. 01-855 VERIFICATION I, Michael F. Nerone, Esquire have read the foregoing Reply to New Matter of Defendant Weigher. The statements therein are correct to the best of my personal knowledge or information and belie£ This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that ifI make knowingly false statements, I may be subject to criminal penalties. DATED: Michael F. Nerone G.D. No. 01-855 CERTIFICATE OF SERVICE I, Michael F. Nerone, Esquire, hereby certify that true and correct copies of the foregoing Complaint have been served this 6th day of June, 2001, by U.S. First Class mail, postage prepaid, to the following listed below: Jack Emas, Esquire JACK EMAS & ASSOCIATES 3130 Centre Square West 1500 Market Street Philadelphia, PA 19102 Brennan Hart, Esquire MARSHALL, DENNEHEY USX Tower Suite 2900 600 Grant Street Pittsburgh, Pa 15219 DICK/E, McCAMEY & CHILCOTE, P.C. By /~~._~ ~- ~~ Michael F. Nerone, Esquire Attorneys for Plaintiff /? IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTy, PENNSYLVANIA DM BOWMAN, Plaintiff, CIVIL DIVISION ,,~ HERBERT W. FARENKOPF, SNYDER NATIONAL CARRIERS,/NC., DAVID KISTLER & GRANDSON, INC. AND DAVID K. DeLONG, Defendants NO. GD-01-855 ENTRY OF APPEARANCE TO THE PROTHONOTARY: ~_~.~.~ ~.' Kindly enter my appearance on behalf of the Counterclaim Plaintiffs, KISTLER & GRANDSON,/NC., AND DAVID K. DELONG, in the above-captioned matter. Dated: June 8, 2001 LEISAWITZ HELLER ABRA MOW TCH Berkshire Commons, Suite 400 2201 Ridgewood Road WYomissing, PA 19610 Telephone (610)372-3500 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing "Praecipe for Entry of ApPearance,, was this day served by U.S, First Class Mail upon the following: John T. Pion, Esquire Michael F. Nerone, Esquire Dick/e, McCamey & Chilcote, P.C, Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Jack Emas, Esquire 3130 Center Square West 1500 Market Street Philadelphia, PA 19102 Herbert W. Farenkopf 668 East 20~ Street North Hampton, PA 18067 Tyler J. Smith, Esquire Marshall, Dennehey, Warner, Coleman & Goggin USX Tower 600 Grant Street, Suite 2900 Pittsburgh, PA 15219 I Understand that statements herein are made 4904 relating to Unsworn falsification to authorities, subject to the penalties of 18 Pa. C.S. Dated: June 8, 2001 _AttomeY~or Counterclaim Pla · , David Kistler & Gra--' tariffs, David K. DeLong o.uson,/nc., and Doc ~50873.1 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM BOWMAN, CIVIL DIVISION Plaintiff, NO. GD-01-855 HERBERT W. FARENKOPF, SNYDER NATIONAL CARRIERS, INC., DAVID KISTLER & GRANDSON, INC. AND DAVID K. DeLONG, Defendants TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of the Counterclaim Plair~?~s -~AVIEP KISTLER & GRANDSON, INC., AND DAVID K. DELONG, in the abov~l~aptioned matter. Dated: June 8, 2001 LEISAWITZ HELLER ABRAMOWITCH ~'~N~. A~b~itch, Esquire A-ffbTh~y I.D. No. 09109 Berkshire Commons, Suite 400 2201 Ridgewood Road Wyomissing, PA 19610 Telephone (610)372-3500 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing "Praecipe for Entry of Appearance" was this day served by U.S. First Class Mail upon the following: John T. Pion, Esquire Michael F. Nerone, Esquire Dickie, McCamey & Chilcote, P.C. Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Jack Emas, Esquire 3130 Center Square West 1500 Market Street Philadelphia, PA 19102 Herbert W. Farenkopf 668 East 20t~ Street North Hampton, PA 18067 Tyler J. Smith, Esquire Marshall, Dennehey, Warner, Coleman & Goggin USX Tower 600 Grant Street, Suite 2900 Pittsburgh, PA 15219 I understand that statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Dated: June 8, 2001 Ja~F'N-~,bramowitch, Esquire ~--~.A~orr~or Counterclaim Plaintiffs, David Kistler & Grandson, inc., and David K. DeLong ~ ' G.D. No. 01-855 1N THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM. BOWMAN, Plaintiff, JOHI-INY SCOTT WEIGNER, SYNDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID K. DELONG, Defendants. CIVIL DIVISION G.D. No. 01-855 Issue No. MOTION TO COMPEL DISCOVERY Code: Filed on behalf of Plaintiff, DM. Bowman Counsel of record for this party: Edward M. Vavro, Jr., Esq. PA. I.D. #80401 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION DM. BOWMAN, ) ) Plaintiff, ) ) v. ) G.D. No. 01-855 ) JOHHNY SCOTT WEIGNER, SYNDER ) NATIONAL CARRIERS, INC., HERBERT ) W. FARENKOPF, DAVID KISTLER AND ) GRANDSON, INC. AND DAVID K. ) DELONG, ) ) Defendants. ) NOTICE OF PRESENTATION KINDLY take notice that the presentation of the within MOTION TO COMPEL DISCOVERY will take place on June 22, 2001, at 10:00 a.m. or soon thereafter that suits the convenience of the court, before the Honorable R. Stanton Wettick, Jr. I~.i~ael F Nerone, Esquire Edward M. Vavro, Jr., Esquire G.D. No. 01-855 1N THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION D.M. BOWMAN, ) ) Plaintiff, ) ) v. ) G.D. No. 01-855 ) JOHI-INY SCOTT WEIGNER, SYNDER ) NATIONAL CARRIERS, INC., HERBERT ) W. FARENKOPF, DAVID KISTLER AND ) GRANDSON, INC. AND DAVID K. ) DELONG, ) ) Defendants. ) MOTION TO COMPEL DISCOVERY AND NOW, comes the Plaintiff, D.M. Bowman by and through its attorneys Dickie McCamey & Chilcote, P.C., and files this Motion to Compel Discovery, and in support of which avers as follows: 1. On January 17, 2001 Plaintiff filed a Writ of Summons in this case. In conjunction with said Writ Plaintiff also served Interrogatories and Request for Production of Documents on Defendant, Snyder National Carriers, Inc. 2. Defendant, Snyder National Carriers, Inc. requested that a Complaint be filed first before any discovery requests would be answered. 3. Accordingly, on March 1,2001 Plaintiff filed a Complaint relative to this action. 4. On March 20, 2001 Plaintiffs' counsel sent a letter to Attorney Jack Emas, counsel for Snyder National Carders, Inc., inquiring as to the status of the outstanding discovery. (A copy of the March 20, 2001 letter is attached hereto as Exhibit "A".) ' . ~' S:\VAVROE~Bowman\Motlontocompelwd Jm~?~l~,2001(ll:59am) ~ G.D. No. 01-855 5. Despite requests for answers to the outstanding Interrogatories and Request for Production of Documents, this Defendant has failed and/or otherwise refused to answer same. 6. The Pennsylvania Rules of Civil Procedure require Defendant to respond to the Interrogatories and Request for Production of Documents within thirty (30) days. Pa.R.C.P. 4004. 7. Plaintiffwill be severely prejudiced if it does not receive responses to the discovery requests promptly. WHEREFORE, Plaintiffrespectfully requests that this Honorable Court enter an Order compelling this Defendant to answer the Interrogatories and respond to the Request for Production of Documents within forty-five (45) days, or suffer further sanctions as this Court deems appropriate. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. Attorneys for Plaintiff, D.M. Bowman ~l¢lmel F, ~erone DICKIE, MCC-AMEY & CHILCO'i p~IL~E~PHIA NEWJ~RSEY OHIO WES'r XfIRGINIA March 20, 2001 Jack Emas, Esquire JACK EMAS & ASSOCIATES 3130 Centre Square West 1500 Market Street Philadelphia, PA 19102 Bre~nan Hart, Esquire Marshall, Dennehey USX Tower Suite 2900 600 Grant Street Pittsburgh, PA 15219 Re: D.M. Bowman v. Johnny Scott Weigner, Snyder National Carriers, Inc., Herbert W. Farenkopf, David Kistler & Grandson, Inc. and David K. DeLong, G.D. No. 01-885 Our File No.: 237830 Dear Counsel: I note that I served Interrogatories and Request for Production of Documents on your respective clients in conjunction with service of the Writ of Summons. Subsequently, one or both of you requested that I file a Complaint before the discovery was answered. We have proceeded to file a Complaint but, to date, have not received your discovery responses. Could you please supply the same to me in the immediate future. Your cooperation and assistance in this regard is greatly appreciated. Very truly yours, Michael F. Nerone MFN/clb cc: John T. Pion. Esquire S:\VAVROE~Bowman\MolientoCompel.wpd Jtm~eZl~200I(ll:59am) G.D. No. 01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA CIVIL DIVISION D.M. BOWMAN, Plaintiff, JOI-[HNY SCOTT WEIGNER, SYNDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID K. DELONG, Defendants. ) ) ) ) ) G.D. No. 01-855 ) ) ) ) ) ) ) ) ORDER OF COURT AND NOW, to wit, thisT~2'-'day o f "'x~'-6/~t-,~, 2001, it is hereby Ordered, Adjudged and Decreed that Plaintiff' s Motion to Compel Discovery is Granted and Defendant, Snyder National Carriers, Inc., is required to respond to Plaintiff's Interrogatories and Request for Production of Documents within forty-five (45) days or suffer further sanctions. BY THE ~ $:\VAVKOE\Bowm~\MotsontoCompelw~i Jun~2J~2001(ll:5~am) G.D. No. 01-855 CERTIFICATE OF SERVICE I, Edward M. Vavro, Esquire, hereby certify that true and correct copies of the foregoing Motion to Compel Discovery have been served this ~ day of June, 2001, by U. S. first-class mail, postage prepaid, upon the following persons: Jack Emas Jack Emas & Associates 3130 Center Square West 1500 Market Street Philadelphia, PA 19102 DICKIE, McCAMEY & CHILC0 !E, P.C. ~,d~ard M.~:a~o, Jr., Es~ rare Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 ~ ',~ ~ the ~.ncl0s~d/~ Attorney for~t, ~c~e]der National C~iers, Inc., ~properly captioned as Snyder National C~ers, Inc.. D.M. BOWMAN V. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY JOHHNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID K. DELONG NO. G.D. NO. 01-855 ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM OF DEFENDANT SCHNEIDER NATIONAL CARRIERS, INC. TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph, therefore, same are denied. 2. Denied. As this allegation pertains to another defendant, no response is required. 3. Denied. It is specifically denied answering defendant maintains a principal Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 ,:~i ~,~ ~ ~:;¥ i~.~;;-) da~*'~ from service l~veof or a judgment may be Attorney for~qll~nt, ~clme~0er National Carders, Inc., improperly captioned as Snyder National Carders, Inc.. D.M. BOWMAN JOHHNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID K. DELONG COURT OF COMMON PLEAS OF ALLEGHENY COUNTY NO. G.D. NO. 01-855 ANSWER WITH NEW MATTER AND NEW MATTER CROSSCLAIM OF DEFENDANT SCHNEIDER NATIONAL CARRIERS, INC. TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph, therefore, same are denied. 2. Denied. As this allegation pertains to another defendant, no response is required. 3. Denied. It is specifically denied answering defendant maintains a principal office at the aforestated location. 4. Denied. Insofar as this paragraph pertains to another defendant, no response is required. 5. Denied. Insofar as this paragraph pertains to another defendant, no response is required. 6. Denied. Insofar as this paragraph pertains to another defendant, no response is required. 7. Denied. Insofar as this paragraph pertains to another defendant, no response is required. 8. Denied. Insofar as this paragraph pertains to another defendant, no response is required. The remaining allegations of this paragraph are demed as conclusions of law to which no response is required. 9. Denied. Insofar as this paragraph pertains to another defendant, no response is required. 10. Denied. Insofar as this paragraph pertains to another defendant, no response is required. 11. Denied. Insofar as this paragraph pertains to another defendant, no response is required. 12. Admitted. 13. Denied. As the allegations of this paragraph pertain to other defendant, no response is required. 14. Denied. As the allegations of this paragraph pertain to other defendant, no response is required. 15. Denied. As the allegations of this paragraph pertain to other defendant, no response is required. 16. Denied. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations contained in this paragraph, therefore, same are denied. The remaining allegations are demed as conclusions of law to which no response is required. 17. Denied. Insofar as this paragraph pertains to other defendants, no response is required. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in this paragraph, therefore, same are demed. The remaining allegations of this paragraph are demed as conclusions of law to which no response is required. 18. Denied. Insofar as this paragraph pertains to other defendants, no response is required. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in this paragraph, therefore, same are denied. The remaining allegations of this paragraph are denied as conclusions of law to which no response is required. 19. Denied. Answering defendant specifically denies there is any causal connection between the alleged actions or inactions of answering defendant and plaintiff's alleged injuries and/or damages. On the contrary, plaintiff's injuries and/or damages resulted from plaintiff's own acts or omissions, by or through its driver, or actions or inactions of other persons or parties over whom answering defendant had no control or right of control. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in this paragraph, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. COUNT ONE 20. Answering defendant incorporates herein by reference its answers to paragraphs 1 through 19 to Plaintiff's Complaint as though same were fully set forth herein at length. 21. Denied. As the allegations of this paragraph and its subparts pertain to another defendant, no response is required. 22. Denied. As the allegations of this paragraph pertain to another defendant, no response is required. WHEREFORE, Answering defendant Sclmeider National Carriers, Inc. requests judgment in its favor or in the alternative, that Plaintiff's Complaint be dismissed with prejudice. COUNT TWO 23. Answering defendant incorporates herein by reference its answers to paragraphs 1 through 22 to Plaintiff's Complaint as though same were more fully set forth herein at length. 24. Denied. Insofar as this paragraph pertains to another defendant, no response is required. The remaining allegations of this paragraph are denied as conclusions of law to which no response is required. 25. Denied. Insofar as this paragraph and its subparts pertain to another defendant, no response is required. Answering defendant specifically denies all allegations of negligence. On the contrary, answering defendant acted with due care under the circumstances. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the truth of the remaining factual allegations contained in this paragraph and its subparts, therefore, same are denied. The remaining allegations of this paragraph and its subparts are denied as conclusions of law to which no response is required. 26. Denied. Answering defendant specifically denies all allegations of negligence. On the contrary, answering defendant acted with due care under the circumstances. Answering defendant specifically denies there is any causal connection between the alleged actions or inactions of answering defendant and plaintiff's alleged injuries and/or damages. On the contrary, plaintiff's injuries and/or damages resulted from plaintiff's own acts or omissions, or actions or inactions of persons or parties over whom answering defendant had no control or right of control. After reasonable investigation, answering defendant lacks sufficient knowledge or information to form a belief as to the troth of the remaining factual allegations contained m this paragraph, therefore, same are denied. The remaining allegations are denied as conclusions of law to which no response is required. WHEREFORE, Answering defendant Schneider National Carders, Inc. requests judgment m its favor or in the alternative, that Plaintiff's Complaint be dismissed with prejudice. COUNT THREE 27. Answering defendant incorporates herein by reference its answers to paragraphs 1 through 26 to Plaintiff's Complaint as though same were fully set forth hereto at length. 28-29. Denied. As the allegations of these paragraphs pertain to another defendant, no response is required. 30. Answering defendant incorporates hereto by reference its answers to paragraphs 1 through 29 to Plaintiff's Complaint as though same were fully set forth herein at length. 31-33. Denied. As the allegations of these paragraphs pertain to another defendant, no response is required. 34. Answering defendant incorporates herein by reference its answers to paragraphs 1 through 33 to Plaintiff's Complaint as though same were fully set forth hereto at length. 35-37. Denied. As the allegations of these paragraphs pertain to another defendant, no response is required. WHEREFORE, Answering defendant Schneider National Carriers, Inc. requests judgment in its favor or in the alternative, that Plaintiff's Complaint be dismissed with prejudice. 38. Plaintiffs' claims are barred or limited pursuant to the Pennsylvania Comparative Negligence Act. 39. Plaintiffs'cause of action is barred in whole or in part by the application of doctrine of assumption of risk. 40. Plaintiffs' claims are barred by the applicable statute of limitations. 41. Plaintiffs' injuries and/or damages were caused by conduct or lack of conduct of persons or parties over whom answering defendant had no control or right of control. 42. Plaintiffs'Complaint fails to set forth a cause of action for which relief can be granted. 43. Plaintiffs'claims are barred due to their failure to meet the limited tort threshold. 44. Plaintiff failed to effectuate service on defendant Johnny Weigner. 45. Plaintiff failed to effectuate service on defendant Schneider National Careers, Inc. 46. Plaintiff's claims are barred by the sudden emergency doctrine. 47. Plaintiff, by and through its driver violated the ndes of the road, including violating the assured clear distance nde. CROSSCLAIM DIRECTED TO DEFENDANTS HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON INC. AND DAVID K. DELONG 1. If the allegations of Plaintiffs'Complaint are proven as tree, said defendant Schneider National Carriers, Inc. specifically denies any liability and responsibility for same, then defendants Herbert W. Farenkopf, David Kistler and Grandson, Inc. and David K. DeLong are solely liable to plaintiffs for any and all claims, jointly and severally liable, or liable over to answering defendant Schneider National Carriers, Inc. for contribution and/or indemnity. WHEREFORE, Answering defendant requests judgment in its favor. JACK E/~)SSOC~T~ JA.C~/EMAS VERIFICATION ~_ f~o/2~,,~ ~ ~r. [ ac,~,re x~ states that he/she is authorized to take this affidavit on behalf of Schneider National Carriers, Inc. and that the facts set forth in the foregoing ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT are true and correct to the best of his/her knowledge, information and belief and that this statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. O.D. No. 01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D.M. BOWMAN, Plaintiff, JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendant. CIVIL DIVISION G.D No. 01-855 Issue No. REPLY TO NEW MATTER Filed on behalf of Plaintiff Counsel of record for this party: John T. Pion, Esq. PA. I.D. #43675 Michael F. Nerone, Esq. PA. I.D. #62446 DICK[E, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412)281-7272 JURY TRIAL DEMANDED REPLY TO NEW MATTER AND NOW, comes the PlaintiffD.M. Bowman, by and through its counsel, Dickie, McCamey & Chilcote, P.C. and Michael F. Nerone, Esquire and files this Reply to Defendant Schneider National's New Matter, in support of which it avers the following: 1. The averments set forth in Paragraph 38 of Defendant Schneider National's New Matter state conclusions of law to which no response ~s required. To the extent a response may be deemed required, said allegations are denied. 2. The averments set forth in Paragraph 39 of Defendant Schneider National's New Matter state conclusions of law to which no response ~s required. To the extent a response may be deemed required, said allegations are denied. 3. The averments set forth in Paragraph 40 of Defendant Schneider National's New Matter state conclusions of law to which no response ~s required. To the extent a response may be deemed required, said allegations are denied. 4. The averments set forth in Paragraph 41 of Defendant Schneider National's New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. 5. The averments set forth in Paragraph 42 of Defendant Schneider National's New Matter state conclusions of law to which no response ~s required. To the extent a response may be deemed required, said allegations are denied. 6. The averments set forth in Paragraph 43 of Defendant Schneider National's New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, it is averred that the limited tort threshold has no application to this action in any manner whatsoever. Therefore, said allegations are denied. G.D. No. 01-855 7. The averments set forth in Paragraph 44 of Defendant Schneider National's New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. 8. The averments set forth in Paragraph 45 of Defendant Schneider National's New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. 9. The averments set forth in Paragraph 46 of Defendant Schneider National's New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. 10. The averments set forth in Paragraph 47 of Defendant Schneider Nafionai's New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are denied. WHEREFORE, the Plaintiff respectfully requests that judgment be entered in its favor, together with interest and costs. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. By ~ '~~ John T. Pion, Esquire Michael T. Nerone, Esquire Attorneys for Plaintiff G.D. No. 01-855 VERIFICATION I, Michael F. Nerone, Esquire have read the foregoing Reply to New Matter. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that ifI make knowingly false statements, I may be subject to criminal penalties. DATED: Michael F. Nerone, Esquire Attorney for Plaintiff · · G.D. No. 01-855 CERTIFICATE OF SERVICE I, Michael F. Nerone, Esquire, hereby certify that tree and correct copies of the foregoing Reply to New Matter have been served this .~,~ay of July, 2001, by U.S. First Class mail, postage prepaid, to the following listed below: Jack Emas, Esquire JACK EMAS & ASSOCIATES 3130 Centre Square West 1500 Market Street Philadelphia, PA 19102 Brennan Hart, Esquire MARSHALL, DENNEHEY USX Tower Suite 2900 600 Grant Street Pittsburgh, Pa 15219 DICKIE, McCAMEY & CHILCOTE, P.C. Michael F. Nerone, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D.M. BOWMAN, Plaintiffs, VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC., AND DAVID K. DELONG, Defendants. CML DIVISION NO. GD 01-855 PRAECIPE FOR SUBSTITUTION OF APPEARANCE Filed on behalf of SCHNEIDER NATIONAL CARRIERS, INC., (improperly captioned as Snyder National Carriers, Inc.) and JOHNNY SCOTT WEIGNER, Defendants. Counsel of Record for this Party: Warren L. Siegfried, Esquire Pa. ID 43679 WAYMAN, IRVIN & McAULEY Firm # 583 437 Grant Street 1624 Frick Building Pittsburgh, PA 15219 (412) 566-2970 ~ , IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D.M. BOWMAN, Plaintiff, VS. JOHNNY SCOTT WEIGNER, et al., Defendants. CIVIL DIVISION NO. GD 01-855 PRAECIPE FOR SUBSTITUTION OF APPEARANCE TO: PROTHONOTARY Please enter my Appearance on behaif of Defendants, Schneider National Carriers, Inc., (improperly captioned as Snyder National Carriers, Inc.) and Johnny Scott Weigner in the above-entitled action. Please withdraw the Appearance of Jack Emas, Esquire for those two named Defendants. A copy of a signed Withdrawal of Appearance is attached hereto. Respectfully submitted, WAYMAN, IRVIN & McAULEY Warren L. Siegfried, Esquire Attorneys for SCHNEIDER NATIONAL CARRIERS, INC. (improperly captioned as Snyder National Carriers, Inc.) and JOHNNY SCOTT WEIGNER, Defendants. Jack Emas & Associates ATTORNEYS AT LAW By: Jack Emas, Esquire Attorney Identification No. 12438 3130 Center Square West 1500 Market Street Philadelphia, Pennsylvania 19102 (215) 972-8065 D.M. BOWMAN JOHHNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC. , HERBERT W. FARENKOPF, DAVID KISTLER AND GRANDSON, INC. AND DAVID K. DELONG Attomey for Defendants, Schneider National Carders, Inc., improperly captioned as Snyder National Carders, Inc. and Johnny Scott Weigher COURT OF COMMON PLEAS OF ALLEGHENY COUNTY NO. G.D. NO. 01-855 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal my appearance on behalf of Defendants Schneider National Carriers, Inc., improperly captioned as Snyder National Carriers, Inc. and Johnny Scott Weigher in the above-entitled action. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing PRAECIPE FOR SUBSTITUTION OF APPEARANCE has been served on the following counsel of record by first class U.S. mail, postage pre-paid, or by hand delivery, this 2nd day of August, 2001:, Esquire Michael Nerone, Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (Counsel for Plaintiff) Edward M. Vawo, Jr., Esquire Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (Counsel for Plaintiff) Tyler J. Smith, Esquire 2900 USX Tower Pittsburgh, PA 15219 WAYMAN, IRVIN & McAULEY BY: ~}~/t,~ (~ Warren L. Siegfried, Esquire IN THE COURT O~ COMMON PLEAS OF'ALLEGHENY COUNTY PENNSYLVANIA ArS' gr' D.M. BOWMAN, CIVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, DEFENDANTS KISTLER & GRANDSON, INC., DAVID I~L DELONG AND HERBERT W. FARENKOPF'S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS DIRECTED TO PLAINTIFF Defendants. Filed on behalf of Defendants, David Kistler & Grandson, Inc., David K. Delong and Herbert W. Farenkopf Counsel of Record for this Party: Tyler J. Smith, Esquire PA I.D. #70492 Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CIVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. DEFENDANTS KISTLER & GRANDSON~ INC. DAVID K. DELONG AND HERBERT W. FARENKOPF*S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS DIRECTED TO PLAINTIFF I HEREBY CERTIFY that the Defendants Kistler & Grandson, Inc., David K. DeLong and Herbert W. Farenkopfs Notice of Service of First Set of Interrogatories and First Request for Production of~ ~/~ Documents and Things Directed to Plaintiff were served upon the following parties of record this J~ day of September, 2001: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 Respe/f~ submitted, ARNER, yle~ J. Smith, Esquir;s David Kistler & [ Grandsol~, Inc.,David K. DeLong and CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within DEFENDANTS KISTLER & GRANDSON, INC., DAVID K. DELONG AND HERBERT W. FARENKOPF'S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS DIRECTED TO PLAINTIFF was served upon all parties listed below, by first class United States Mail, postage prepaid, this ~ day of September, 2001, addressed as follows: \12_AXLIAB\TJS\LLPG\ 192673\CZD\19178\00102 Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (Attorney for Plaintiff) Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219 MAR L~L, D] ~NNEHEY, WARNER, / ~Yi~rrnJi ;fo; l~efeSnqt~ira~s David Kistler Grandson, Inc., David K. DeLon md Herbert W. Farenkopf IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CIVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, DEFENDANTS KISTLER & GRANDSON, INC., DAVID lC DELONG AND HERBERT W. FARENKOPF'S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS DIRECTED TO SNYDER NATIONAL CARRIERS, INC. Defendants. Filed on behalf of Defendants, David Kistler & Grandson, Inc., David K. Delong and Herbert W. Farenkopf Counsel of Record for this Party: Tyler J. Smith, Esquire PA I.D. #70492 Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CiVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. DEFENDANTS KIST!,ER & GRANDSON~ INC. DAVID IC DELONG AND HERBERT W. FARENKOPF'S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS DIRECTED SNYDER NATIONAL CARRIERS~ INC. I HEREBY CERTIFY that the Defendants Kisfler & Grandson, Inc., David K. DeLong and Herbert W. Farenkopt's Notice of Service of First Set of Interrogatories and First Request for Production of Documents and Things Directed to Snyder National Carriers, Inc. were served upon the following parties of record this e~'- day of September, 2001: Michael F. Nerone, Esquire Dick/e, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 Respect/~mitted, By: HI~rJ t~ ~me~ ndso~ 'bert~ ~Y, WARNER, ~ith, Esquire br Defendants David Kistler & nc., David K. DeLong and Farcnkopf CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within DEFENDANTS KISTLER & GRANDSON, INC., DAVID lC DELONG AND HERBERT W. FARENKOPF'S NOTICE OF SERVICE OF FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS DIRECTED TO SNYDER NATIONAL CARRIERS, INC. was served upon all parties listed below, by first class United States Mail, postage prepaid, this ~ day of September, 2001, addressed as follows: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (Attorney for Plaintiff) Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219 \12_A\LIAB\TJS\LLPG\192747\CZD\19178\00102 MA~, DENNEHEY, WARNER, B ~yler~ Smith, E~squire / Attor~e~ for Defendants David / Kistle~ ~ Grandson, Inc., David K. DeLofi~ and Herbert W. Farenkopf GD01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM BOWMAN, Plaintiff, JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, 1NC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. TO: PLAINTIFFS YOU ARE HEREBY NOT1FIED TO PLEAD TO THE ENCLOS~W MATTER AND NEW MATTER PURSU:~flqT TO,RULE 2~2(D) WITHIN TWENTY (20) D~O/S FROI~ WHig SEI~VICE HEREOF OR A DEFA~ULT JUDGME ~T IvI~Y BE ENTERED AGA YNST YOU. Tylel ~. S~ Es~q~ % David Kistler & Grandson, Inc. id Herbert W. Farenkopf CIVIL DIVISION No.: GD-01-855 DEFENDANT'S ANSWER / NEW MATTER TO PLAINTIFF'S COMPLAINT AND NEW MATTER PURSUANT TO RULE 2252(D) AND CROSS-CLAIM Filed on behalf of Defendants, David Kistler & Grandson, Inc., David K. DeLong and Herbert W. Farenkopf Counsel of Record for this Party: P. Brennan Hart, Esquire PA ID 18123 Tyler J. Smith, Esquire PA ID 70492 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGG1N, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 GD-01-855 1N THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA DM BOWiVIAN CIVIL DIVISION Plaintiff, No.: GD-01-855 JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT AND NEW MATTER PURSUANT TO RULE 2252{D) AND NOW come the Defendants, David Kistler & Grandson, Inc. and David K. DeLong and Herbert W. Farenkopf by and through their counsel MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN, P.C. and TYLER J. SMITH, ESQUIRE, and files the following Answer and New Matter to Plaintiffs' Complaint and New Matter Pursuant to Rule 2252(d) and Cross-Claim and avers as follows: 1. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 1 of Plaintiffs Complaint, and therefore, they are denied. Strict proof is demanded at the time of trial. GD-01-855 2. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 2 of Plaintiff's Complaint, and therefore, they are denied. Strict proof is demanded at the time of trial. 3. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 3 of Plaintiff's Complaint, and therefore, they are denied. Strict proof is demanded at the time of trial. 4. 5. 6. 7. The allegations contained in Paragraph 4 of Plaintiff's Complaint are admitted. The allegations contained in Paragraph 5 of Plaintiff's Complaint are admitted. The allegations contained in Paragraph 6 of Plaintiff's Complaint are admitted. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 7 of Plaintiff's Complaint are directed to a Defendant other than this Defendant, and therefore, a response is not required. 8. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 8 of Plaintiff's Complaint are directed to a Defendant other than this Defendant, and therefore, a response is not required. 10. 11. 12. denied. The allegations contained in Paragraph 9 of Plaintiff's Complaint are admitted. The allegations contained in Paragraph 10 of Plaintiff's Complaint are admitted. The allegations contained in Paragraph 11 of Plaintiff's Complaint are admitted. The averments set forth in Paragraph 12 of Plaintiff's Complaint are specifically GD-01-855 13. The averments set forth in Paragraph 13 of Plaintiff's Complaint are denied as stated. It is specifically denied that answering Defendant was pulling his vehicle onto the eastbound lanes of Interstate 76 when Defendant Weigner impacted the rear of answering Defendant's vehicle. It is admitted however that Defendant Weigher did in fact impact with the rear of answering Defendant's vehicle, with both vehicles ultimately coming to rest in the left eastbound lane of Interstate 76 near mile marker 237.6 14. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 14 of Plaintiffs Complaint, and therefore, they are denied. Strict proof is demanded at the time of 15. The averments contained in Paragraph 15 of Plaintiff's Complaint are admitted in part and denied in part. It is admitted neither answering Defendant nor Co-Defendant Weigner erected any flares, reflective devices or other warnings of their presence in the left eastbound lane of Interstate 76. To the extent that the averments set forth in Paragraph 15 of Plaintiff's Complaint either implicitly or expressly alleges negligence on the part of this Defendant, those allegations are specifically denied. Strict proof is demanded at the time of trial. 16. The allegations contained in Paragraph 16 of Plaintiff's Complaint are admitted. 17. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 17 of Plaintiff's Complaint, and therefore, they are denied. Strict proof is demanded at the time of trial. GD-01-855 18. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 18 of Plaintiff's Complaint set forth conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, after reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 18 of Plaintiff's Complaint, and therefore, they are denied. Strict proof is demanded at the time of trial. 19. After reasonable investigation, answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments set forth in Paragraph 19 of Plaintiff's Complaint, and therefore, they are denied. Strict proof is demanded at the time of trial. WHEREFORE, answering Defendant denies liability to the Plaintiff and requests that this Honorable Court enter Judgment in his favor and against Plaintiffwith all costs to be incurred by Plaintiff. COUNT I D.M. BOWMAN V. WEIGNER 20. Answering Defendant incorporates its responses to Paragraphs 1 through 19 of Plaintiff's Complaint as if fully set forth herein. 21 (a-o). Answering Defendant has been advised by counsel that the averments set forth in Paragraphs 21(a-o) are directed to a Defendant other than this Defendant, and therefore, a response is not required. GD-01-855 22. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 22 are directed to a Defendant other than this Defendant, and therefore, a response is not required. WHEREFORE, answering Defendant denies liability to the Plaintiff and requests that this Honorable Court enter Judgment in his favor and against Plaintiff with all costs to be incurred by Plaintiff. COUNT II D.M. BOWMAN V. SCHNEIDER NATIONAL 23. Answering Defendant incorporates its responses to Paragraphs 1 through 22 of Plaintiff's Complaint as if fully set forth herein. 24. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 24 are directed to a Defendant other than this Defendant, and therefore, a response is not required. 25(a-g). Answering Defendant has been advised by counsel that the averments set forth in Paragraphs 25(a-g) are directed to a Defendant other than this Defendant, and therefore, a response is not required. 26. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 26 are directed to a Defendant other than this Defendant, and therefore, a response is not required. WHEREFORE, answering Defendant denies liability to the Plaintiff and requests that this Honorable Court enter Judgment in his favor and against Plaintiff with all costs to be incurred by Plaintiff. GD-01-855 COUNT III D.M. BOWMAN V. FARENKOPF 27. Answering Defendant incorporates its responses to Paragraphs 1 through 26 of PlaintiWs Complaint as if fully set forth herein. 28(a-m). Answering Defendant has been advised by counsel that the averments set forth in Paragraphs 28(a-m) state conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, the averments set forth in Paragraphs 28(a-m) of Plaintiff's Complaint are specifically denied. Strict proof is demanded at the time of trial. By way of further response, Plaintiff has stipulated to the removal of Paragraph 28(m). 29. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 29 state conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, the averments set forth in Paragraph 29 of Plaintiff's Complaint are specifically denied. Strict proof is demanded at the time of trial. WHEREFORE, answering Defendant denies liability to the Plaintiffand requests that this Honorable Court enter Judgment in his favor and against Plaintiff with all costs to be incurred by Plaintiff. COUNT VI D.M. BOWMAN V. DAVID KISTLER AND GRANDSON~ INC. 30. Answering Defendant incorporates its responses to Paragraphs 1 through 29 of Plaintiff's Complaint as if fully set forth herein. GD-01-855 31. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 31 state conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, the averments set forth in Paragraph 31 of Plaintiff's Complaint are specifically denied. Strict proof is demanded at the time of trial. 32(a-g). Answering Defendant has been advised by counsel that the averments set forth in Paragraphs 32(a-g) state conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, the averments set forth in Paragraphs 32(a-g) of Plaintiff's Complaint are specifically denied. Strict proof is demanded at the time of trial. By way of further response, Plaintiffhas stipulated to the removal of Paragraph 32(g). 33. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 33 state conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, the averments set forth in Paragraph 33 of Plaintiff's Complaint are specifically denied. Strict proof is demanded at the time of trial. WHEREFORE, answering Defendant denies liability to the Plaintiff and requests that this Honorable Court enter Judgment in his favor and against Plaintiff with all costs to be incurred by Plaintiff. COUNT V D.M. BOWMAN V. DEFENDANT DELONG 34. Answering Defendant incorporates its responses to Paragraphs 1 through 34 of Plaintiff's Complaint as if fully set forth herein. GD-01-855 35. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 35 state conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, the averments set forth in Paragraph 35 of Plaintiff,s Complaint are specifically denied. Strict proof is demanded at the time of trial. 36(a-f). Answering Defendant has been advised by counsel that the averments set forth in Paragraphs 36(a-f) state conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, the averments set forth in Paragraphs 36(a-f) of Plaintiffs Complaint are specifically denied. Strict proof is demanded at the time of trial. By way of further response, Plaintiff has stipulated to the removal of Paragraph 36(0. 37. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 37 state conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, the averments set forth in Paragraph 37 of Plaintiff,s Complaint are specifically denied. Strict proof is demanded at the time of trial. WHEREFORE, answering Defendant denies liability to the Plaintiff and requests that this Honorable Court enter Judgment in his favor and against Plaintiffwith all costs to be incurred by Plaintiff. .NEW MATTER 38. Answering Defendant incorporates its responses to Paragraphs 1 through 37 of Plaintiff,s Complaint as if fully set forth herein. GD-01-855 39. The rights of Plaintiffs in this action are govemed, diminished or barred by contributory and / or comparative negligence of Plaintiffs and this Defendant claims all of the benefits of the provisions of the Pennsylvania Comparative Negligence Act as set forth at 42 Pa.C.S.A. Sections 7102 et. seq., and pleads the same as an affirmative defense in this action. 40. Any and all injuries or damages sustained by the Plaintiffs, if any, were the result of superseding, intervening and / or independent cause or causes over which this Defendant had no control or in any way participated and resulted from the actions and omissions of others over which this Defendant had no control or in any way participated. 41. Answering Defendant invokes all of the protections of the Pennsylvania Motor Vehicle Financial Responsibility Law which is set forth at 77 Pa. C.S. §1701, et. seq. 42. Answering Defendant believes and avers that Plaintiffs have failed to mitigate their damages. 43. Inasmuch as Pennsylvania Rules of Civil Procedure 1032 provides that the party waives all defenses not presented by way of answer, answering Defendant, upon the advice of counsel, hereby asserts all affirmative defenses not otherwise enumerated herein as set forth in Pennsylvania Rule of Civil Procedure 1030, these said affirmative defenses include, inter alia, estoppel, immunity fi.om suit, release, statute of limitations, et. al. These said affirmative defenses are subject to demonstration during the discovery process and proof at time of trial. WHEREFORE, answering Defendant denies liability to the Plaintiff and requests that this Honorable Court enter Judgment in his favor and against Plaintiff with all costs to be incurred by Plaintiff. GD-01-855 NEW MATTER PURSUANT TO RULE 2252(D) DAVID KISTLER & GRANDSON, INC., DAVID K. DELONG AND HERBERT W. FARENKOPF v. SNYDER NATIONAL 44. Answering Defendant incorporates its responses to Paragraphs 1 through 43 of Plaintiff's Complaint as if fully set forth herein. 45. In the event that it is judicially determined that Plaintiffs are entitled to recovery on their Complaint, which is specifically denied, then in that event, Co-Defendant Snyder National is liable over to the Plaintiff. 46. In the event that it is judicially determined that Plaintiffs are entitled to recovery on their Complaint, which is specifically denied by these Defendants, then in that event, Co- Defendant Snyder National is liable to these Defendants for contribution / indemnification. 47. The averments in Plaintiffs Complaint against each of the Co-Defendants are specifically incorporated herein as if set forth fully, for purposes of this cross-claim only. WHEREFORE, answering Defendant denies liability to the Plaintiff and requests that this Honorable Court enter Judgment in his favor and against Plaintiff with all costs to be incurred by Plaintiff. NEW MATTER PURSUANT TO RULE 2252(D) DAVID KISTLER & GRANDSON, INC., DAVID IL DELONG AND HERBERT W. FARENKOPF v. JOHN SCOTT WEIGNER 48. Answering Defendant incorporates its responses to Paragraphs 1 through 47 of Plaintiff's Complaint as if fully set forth herein. GD-01-855 49. In the event that it is judicially detennined that Plaintiffs are entitled to recovery on their Complaint, which is specifically denied, then in that event, Co-Defendant John Scott Weigner is liable over to the Plaintiff. 50. In the event that it is judicially determined that Plaintiffs are entitled to recovery on their Complaint, which is specifically denied, then in that event, Co-Defendant John Scott Weigner is liable to these Defendants for contribution / indemnification. 51. The averments in Plaintiffs Complaint against each of the Co-Defendants are specifically incorporated herein as if set forth fully, for purposes of this cross-claim only. WHEREFORE, answering Defendant denies liability to the Plaintiff and requests that this Honorable Court enter Judgment in his favor and against Plaintiff with all costs to be incurred by Plaintiff. CROSSCLAIM DAVID KISTLER and GRANDSON, INC. and DAVID K. DELONG V. SCHNEIDER NATIONAL CARRIERS, INC., AND JOHNNY SCOTT WEIGNER 52. Answering Defendant incorporates its responses to Paragraphs 1 through 51 of Plaintiff's Complaint as if fully set forth herein. 53. The amount in controversy exceeds the sum of $90,000.00. GD-01-855 54. On or about January 1, 2001 at approximately 9:45 p.m., Herbert F. Farenkopf was lawfully operating a tractor trailer, PA Title 48972434, owned by David K. DeLong, 9128 Kings Highway, Kempton, Pennsylvania 19529 in a generally easterly direction in the right lane of travel of 1-76 at or near M.P. 237.7 in Lower Allen Township, Cumberland County, Pennsylvania. 55. On or about the aforementioned date at the aforementioned approximate time, Farenkopfwas the agent, servant, workman and / or assign of David Kistler and Grandson, Inc., 9128 Kings Highway, Kempton, Pennsylvania 19529 and acting within the course and scope of his relationship thereof. 56. On or about the aforementioned date at the aforementioned approximate time, John Scott Weigner was operating a tractor trailer, V1N 1FUPCXYB6SH671061, which he owned, in a generally easterly direction in the right lane of travel of 1-76 in the aforementioned Township, County and State. 57. At all times material hereto, Weigner was the agent, servant, workman and / or assign of Schneider National Carriers, Inc., 20th Street and Center, Ottawa, IL, 61350, and acting within the course and scope of said relationship. 58. On or about the aforementioned date at the aforementioned approximate, Weigner caused his tractor trailer to strike the rear of the tractor trailer being driven by Farenkopf, thereby causing the two tractor trailers to become locked together and their drivers to lose control thereof. 59. As a result of the aforementioned occurrences, the tractor trailer being operated by Farenkopf was caused to cross into the left lane of travel of eastbound 1-76 and strike the metal medial barrier 300 feet west of M.P. 237.7. GD-01-855 60. At the time of the aforesaid collision, it is believed and therefore averred that Weigner's vehicle was traveling in excess of 72 miles per hour. 61. As a result of the damage caused to the trailer owned by David DeLong, some of its cargo (pig iron) spilled on the roadway. 62. As a result of the aforementioned occurrences Crossclaim Plaintiffs suffered property damage in excess of $90,000.00. 63. Additionally, as a result of the aforementioned occurrences, Crossclaim Plaintiffs suffered lost profits, lost interest, damage to its credit rating and other consequential damages in a presently undeterminable amount COUNT I DAVID KISTLER and GRANDSON, INC. and DAVID lC DELONG V. JOHNNY SCOTT WEIGNER (Negligence, Carelessness, Recklessness) 64. Crossclaim Plaintiff incorporate by reference Paragraphs 1 through 63 above as though they were fully set forth herein. 65. The violent collision and the damages suffered by Crossclaim Plaintiffs were caused by the negligence, carelessness and recklessness of Weigher as follows: GD-01-855 f. g. h. incapacity; i. a. In being negligent per se by driving his vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then and there existing and at a speed greater than that which would permit him to bring his vehicle to a safe stop within the assured clear distance ahead, in violation of 75 Pa. C.S.A. §3361; b. In being negligent per se by operating his vehicle in a careless disregard for the safety of other persons or property, in violation of 75 Pa. C.S.A. §3714; c. In being negligent per se by operating his vehicle while following another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway, in violation of 75 Pa. C.S.A. §3310(a); d. In operating his vehicle at an excessive speed considering the visibility, potential hazards then and there existing and the assured clear distance ahead; e. In falling to properly apply the brakes of his vehicle at a time when said vehicle could or should be able to have been brought to a safe stop prior to the aforementioned collision; In failing to properly test his brakes prior to operating his vehicle; In failing to have his vehicle under proper and adequate control; In operating his vehicle while extremely tired or under mental or physical In operating his vehicle in such a manner as to disregard the rights Farenkopf and / or the lawful position of the tractor trailer owned by DeLong on the roadways; j. In failing to look and observe the lawful position of FarcnO:opf on the roadway and in failing to sound his horn or to otherwise warn him of his rapid approach and / or the fact that his vehicle was out of control and / or the fact that he was about to cause a collision; and GD-01-855 k. In otherwise being negligent under all the facts and circumstances. WHEREFORE, Crossclaim Plaintiffs, David Kistler and Grandson, Inc. and David K. DeLong, demand that judgment be entered in their favor against Johnny Scott Weigher in an amount in excess of $50,000.00 as well as pre-judgment and post-judgment interest, costs, reasonable attorney fees and any other relief deemed appropriate by This Honorable Court. COUNT II DAVID KISTLER and GRANDSON, INC. and DAVID IC DeLONG V. SCHNEIDER NATIONAL CARRIERS, INC. (Respondent Superior / Vicarious Liability) 66. Crossclaim Plaintiffs incorporate by reference Paragraphs 1 through 65 above as though they were fully set forth herein. 67. At all times material hereto, Weigner was operating the tractor trailer as the agent, servant, workman and / or employee of Schneider National Carriers, Inc. and other charge, direction, control and management and on the business of Schneider National Carriers, Inc. GD-01-855 WHEREFORE, Crossclaim Plaintiffs, David Kistler & Grandson, Inc. and David K. DeLong, demands that judgment be entered in its favor against Schneider National Carriers, Inc. in an amount in excess of $50,000.00 plus pre-judgment and post-judgment interest, costs, reasonable attorney fees and any other relief deemed appropriate by This Honorable Court. rle~ J. Sn h, Esquire :tomey fo Defendant David Kistler & ~randson, ] c., David K. DeLong and ?Ierbert W. 'arenkopf LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: Jay q.~kb am 'tch, Esquitr[~') Att. m~y for Defendant David Kistler & Gra tdson, Inc., David K. DeLong and Herbert W. Farenkopf GD-01-855 VERIFICATION I, David K. DeLong, verify that thc averments of fact made in the foregoing DEFENDANT'S ANSWER / NEW MATTER TO PLAINTIFF'S COMPLAINT are true and correct to the best of my knowledge, understanding and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsifications to authorities. \12_A\LIAB\TJS~LLPG\166760\CZD\19178\00102 GD-01-855 VERIFICATION I, Herbert W. Farenkopf, verify that the averments of fact made in the foregoing DEFENDANT'S ANSWER / NEW MATTER TO PLAINTIFF'S COMPLAINT are true and correct to the best of my knowledge, understanding and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsifications to authorities. HERBERT W. FARENKOPF ~'~' \l 2_A\L1AB\TJS\LLPG\166760\CZD\19178\00102 GD-01-855 CERTIFICATE OF SERVICE I hereby certify that a tree and correct copy of the within DEFENDANT'S ANSWER / NEW MATTER TO PLAINTIFF'S COMPLAINT was served upon all parties listed below, by first class United States Mail, postage prepaid, this ~vl~ day of September, 2001, addressed as follows: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (Attorney for Plaintif~ Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 (Attorney for Snyder National Carriers,/~ MARSH~LL, DElX~: ' :Y, WARNER, CO E AN & squire A~omey ~r Defend~t David ~stler & ~r~dson, Inc., Dahd K. DeLong ~ Herbe~ W. Fme~opf IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, Plaintiff, VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. CIVIL DIVISION No.: GD-01-855 REPLY TO SNYDER CARRIERS CROSS- CLAIM AGAINST HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON AND DAVID lC DELONG Filed on behalf of Defendants, David Kistler & Grandson, Inc., David K. Delong and Herbert W. Farenkopf Counsel of Record for this Party: Tyler J. Smith, Esquire PA I.D. #70492 Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CIVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. REPLY TO SNYDER CARRIERS CROSS-CLAIM AGAINST HERBERT W. FARENKOPF~ DAVID KISTLER & GRANDSON AND DAVID K. DELONG AND NOW, comes the Defendant, David Kistler & Grandson, Inc., David K. Delong and Herbert by and through his counsel, Marshall, Dennehey, Warner, Coleman and Goggin and Tyler J. Smith, Esquire and files the within Reply to Snyder Carders Cross-Claim Against Herbert W. Farenkopf, David Kistler & Grandson and David K. DeLong and avers as follows: 1. Answering Defendant has been advised by counsel that the averments set forth in Paragraph 1 of Snyder Carrier and Johnny Scott Weigner's cross-claim against answering Defendants state conclusions of law to which a response is not required. To the extent that a further response may be deemed necessary, answering Defendants deny the averments set forth in Paragraph 1 of Snyder Carrier's cross-claim against these Defendants. WHEREFORE, answering Defendants hereby request this Honorable Court to dismiss Co-Defendant's cross-claim and award costs and fees in favor of answering Defendants. By: ^ ;~tt6rnJ~~Ss~~ 'rh'DE:qf:ni:~nts David Kistler & Grandson, h :., David K. DeLong and Herbert W. '~ arenkopf VERIFICATION I, DAVID K. DELONG, verify that the averments of fact made in the foregoing REPLY TO SNYDER CARRIERS CROSS-CLAIM AGAINST HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON AND DAVID K. DELONG are tree and correct to the best of my knowledge, understanding and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsifications to authorities. \12_A~LIAB\TJS~LLPG\183731 \CZD\19178\00102 CERTIFICATE OF SERVICE I hereby cerfi£y that a true and correct copy of the within REPLY TO SNYDER CARRIERS CROSS-CLAIM AGAINST HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON AND DAVID K. DELONG was served upon all parties listed below, by first class United States Mail, postage prepaid, this ~ day of September, 2001, addressed as follows: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (Attorney for Plaintiff) Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 yle Atto Kist DeL{ \12_A~LIAB\TJSXLLPG\ 183731 \CZD\I 9178\00102 HEY, WARNER, Smith, Es uire ~y for Defehdants David & Grandson, Inc., David K. tg and Herbert W. Farenkopf G.D. No, 01-855 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D.M. BOWMAN, Plaintiff, JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendant. CIVIL DIVISION G.D. No. 01-855 REPLY TO NEW MATTER OF DEFENDANTS, DAVID KISTLER & GRANDSON, INC. AND DAVID IC DELONG AND HERBERT W. FARENKOPF Filed on behalf of Plaintiff Counsel of record for this party: John T. Pion, Esq. PA. I.D. #43675 Michael F. Nerone, Esq. PA. I.D. #62446 DICKIE, McCAMEY & CHILCOTE, P.C. Firm #067 Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 (412) 281-7272 JURY TRIAL DEMANDED .~REPLY TO NEW MATTER OF DEFENDANTS. DAVID KISTLER & GRANDSON, INC. AND DAVID K. DELONG AND HERBERT W. FAR~NKOPF AND NOW, comes the Plaintiff, D.M Bowman, by and through its counsel, Dickie, McCamey & Chilcote, P.C. and Michael F. Nerone, Esquire and John T. Pion, Esquire and files this Reply to New Matter, in support of which it avers the following: 1. In response to Paragraph 38 Plaintiffincorporates herein by reference the averments set forth in its Complaint. 2. The averments set forth in Paragraph 39 of Defendants' New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, the same are generally denied pursuant to the Pennsylvania Rules of Civil Procedure. 3. The averments set forth in Paragraph 40 of Defendants' New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are generally denied. 4. The averments set forth in Paragraph 41 of Defendants' Reply to New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are generally denied pursuant to the Pennsylvania Rules of Civil Procedure. 5. The averments set forth in Paragraph 42 of Defendants' New Matter state conclusions of law to which no response is required. To the extent a response may be deemed required, said allegations are generally denied pursuant to the Pennsylvania Rules of Civil Procedure. 6. The averments set forth in Paragraph 43 of Defendants' New Matter state conclusions of law to which no response is required. To the extent a response may be deemed G.D. No. 01-855 required, said allegations are generally denied pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Plaintiff respectfully requests that judgment be entered in its favor together with interest and costs. Respectfully submitted, DICKIE, McCAMEY & CHILCOTE, P.C. John T. Pion, Esquire Michael T. Nerone, Esquire Attorneys for Plaintiff ,. ~. O.D. No. 01-855 VERIFICATION I, Michael F. Nerone, Esquire have read the foregoing Reply to New Matter of Defendant Weigher. The statements therein are correct to the best of my personal knowledge or information and belie£ This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that ifI make knowingly false statements, I may be subject to criminal penalties. Michael F. Nerone DATED: G.D. No. 01-855 CERTIFICATE OF SERVICE I, Michael F. Nerone, Esquire, hereby certify that true and correct copies of the foregoing Complaint have been served this 19th day of October, 2001, by U.S. First Class mail, postage prepaid, to the following listed below: Tyler J. Smith, Esquire MARSHALL, DENNEI-[Ey, WARNER, COLEMAN & GOGG1N USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 Warren L. Siegfried, Esquire WAYMAN, IRVIN & McAULEY, LLC Suite 1624 Frick Building 437 Grant Street Pittsburgh, PA 15219-6101 DICKIE, McCAMEy & CHILCOTE, P.C. Michael FN~ Attorneys for Pl~ntiff IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CIVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM UPON THE PENNSYLVANIA TURNPIKE COMMISSION Filed on behalf of Defendants, David Kistler & Grandson, Inc., David K. Delong and Herbert W. Farenkopf Counsel of Record for this Party: Tyler J. Smith, Esquire PA I.D. #70492 Marshall, Dermehey, Warner, Coleman & Goggin, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CIVIL DIVISION Plaimiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM UPON THE PENNSYLVANIA TURNPIKE COMMISSION TO: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Warren L. Siegfried, Esquire Wayman, lrvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 Defendants, David Kistler & Grandson, Inc. and David K. DeLong, intend 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. January ~_,2002 By: Lsubmitted, , ~ENI~HEY, WARNER, COLEMAN y dants, DAVID KISTLER & ~NDSO/ lNC., AND DAVID K. DELONG CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM UPON THE PENNSYLVANIA TURNP1KE COMMSSION was mailed to the following counsel of record this 'l4'~ day of January, 2002, via United States First Class Mail, postage pre-paid: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 By: ~HHALL. DENNEHEY, WARNER, gOLEM~N~OGGIN ~RANDI ~, INC., AND DAVID K. DELONG Court of Co )on Pleas of Allegheny Cou THE COMMONWEALTH OF PENNSYLVANIA ALLEGHENY COUNTY, ss: /, Pennsylvania D. M. Bowman VS. Johnny Scott Wetgn~r, SD~der Nagio~al Carriers, Inc. Heree~t wl FarenKop~, Davi~ Kist£er & Grandson, Inc., aha David K. DeLong No. G.D. 01-855 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO:PA Turnpike Commission, Legal Department, P.O. Box 67676, Harrisburg, PA 17106 (Name of Person or Entity) Within twenty (20) days alter service of this subpoena, you are ordered by the Court to produce the following documents or things: Ail plan and profile drawings for the Pennsylvania Turnpike, Interstate 76, of the stretch of roadway from milepost 230 through milepost 238 at 2900 USX Tower, 600 Grant Street, Pittsburgh, PA 15219 (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 sen/lng this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Tyler J. Smith~ Esquire Address: 2900 USX Tower, 600 Grant St. Pittsburgh, PA 15219 Telephone: (412) 803-1140 Supreme Court I.D. # 70492 Attomeyfor: Defendants, David Kistler & Grandson, Inc. and David K. DeLong Date: Seal of the Court ~ By the Court: Prothonotary N9 ?0312 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CIVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM UPON INTERSTATE TOWING AND RECOVERY Filed on behalf of Defendants, David Kistler & Grandson, Inc., David K. Delong and Herbert W. Farenkopf Counsel of Record for this Party: Tyler J. Smith, Esquire PA I.D. #70492 Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 1N THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CIVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, 1NC., AND DAVID K. DELONG, Defendants. NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM UPON INTERSTATE TOWING AND RECOVERY TO: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 Defendants, David Kistler & Grandson, Inc. and David K. DeLong, intend 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. January ~'~,2002 By: Respectfully submitted, WARNER, COLEMAN Mtome~ f~r Defendants, DAVID KISTLER & .qRANI~ON, INC.,AND DAVID K. DELONG CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM UPON INTERSTATE TOWING AND RECOVERY was mailed to the following counsel of record this ./4.k day of January, 2002, via United States First Class Mail, postage pre-paid: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 By: M t · RJ.! mey f¢ G LANDSC L, DENNEHEY, WARNER, Defendant, DAVID KISTLER & [, INC., AND DAVID K. DELONG -3- Court of Cor' ~on Pleas of Allegheny Cou THE COMMONWEALTH OF PENNSYLVANIA ALLEGHENY COUNTY, ss: *', Pennsylvania D.M. Bowman VS. Johnny Scott Weigher, Snyder National Carriers, I~c., Herbert W. Farenkopf, David Kistler & Grandson, Inc., and David K. DeLong No. G.D. 01;855 SUBPOENA TO PRODUCE DOCUMENTS ORTHINGS FOR DISCOVERYPURSUANTTO RULE4009.22 TO: Interstate Towing & Recovery, 1120 Saint Johns Rd., Camp Hill, PA (Name of Pemon or Entity) W~hin twenty (20) days aEer service of this subpoena, you are o~ered by the Court ~ produce the ~llowing documents orthings: Ail reports, memorandums, invoices, photographs and any and all other documentation regarding a 1995 Freightliner, VIN #1FUPCXYB6SH671061, owned and operated by Johnny Scott Weigner on behalf of Schneider National Carriers, Inc. re: an MVA on 1/8/01 at 2900 USX Tower, 600 Grant Street, Pittsburgh, PA 15219 (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 this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Tyler J. Smith, Esquire Address: 2900 USX Tower, 600 Grant St. Pittsburgh, PA 15219 Telephone: ~412) 803-1140 Supreme CourtI.D.# 70492 A~orneyfor: Defendan~. David K~stler & Grandson, and David K. DeLong Oa~e: Seal ol~ the Court {,. By the Court:  ~rothonota~/ ~" ~ 'Deputy 70311 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D. M. BOWMAN, CIVIL DIVISION Plaintiff, NO. G.D. OF AND ACKNOWLEDGEMENT OF SUBPOENA BY MAIL JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANSON, INC., and DAVID K. DELONG, Filed Jori Defendants, David K. DeLong stler & Granson, Inc. and Defendants. Counsel of Record for ~ TYLER J. SMITH, PA I.D. #70492 \ 12_A\LIAB\CZH~LLPG~209591 \CZHM 9178\00102 MARSHALL, COLEMAN & GOG(JIN USX Tower, Suite 2900 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 WARNER, IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA D. M. BOWMAN, CIVIL DIVISION Plaintiff, v. NO. 2000-4108 JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANSON, INC., and DAVID K. DELONG, Defendants. NOTICE AND ACKNOWLEDGMENT OF RECEIPT OF SUBPOENA BY MAIl, TO: PA Turnpike Commission, Legal Depa~huent P.O. Box 67676 Harrisburg, PA 17106 The enclosed subpoena is served pursuant to Pennsylvania Rule of Civil Procedure 234.2(b)(3). Complete the acknowledgment part of this form and return the copy of the completed form to the sender in the enclosed self-addressed stamped envelope. Sign and date the acknowledgment. If you are served on behalf of a partnership, unincorporated association, corporation or similar entity, indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive the subpoena, indicate under your signature your authority. ~j~l ~t~ 02 ( T~r j. s~_m~h, Esquire ACKNOWLEDGMENT OF 2C~;~eY f°l DT OF'siBf~do~tNA i acknowledge receipt ora copy of the subp~a in the above ca~un~.er. PA Turnpike Commission Relationship to entity or authority to receive subpoena Date Mailed: q Date: CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the within NOTICE AND ACKNNOWLEDGEMENT OF RECEIPT OF SUBPEONA BY MAIL was mailed to the individuals listed below this ~tlnday of February, 2002, via United States First Class Mail, postage pre-paid. Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 MARSHALL, DENNEHEY, WARNER, ~/T'~ER {. S~'IITH, ESQUIRE I AttOrney \f0f Defendant, DAIMLERCHRYSLER CORPOR~ION IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CIVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT FARENKOPF, DAVID KIST/~ER & GRANDSON, INC., AND ~A' VID K. DELONG, .,' De ....~ '~i~ % N.,..~_~. ....... NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM UPON THE PENNSYLVANIA STATE POLICE Filed on behalf of Defendants, David Kistler & Grandson, Inc., David K. Delong and Herbert W. Farenkopf Counsel of Record for this Party: Tyler J. Smith, Esquire PA I.D. #70492 Marshall, Dennehey, Warner, Coleman & Goggin, P.C. 2900 USX Tower 600 Grant Street Pittsburgh, PA 15219 (412) 803-1140 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY PENNSYLVANIA D.M. BOWMAN, CIVIL DIVISION Plaintiff, No.: GD-01-855 VS. JOHNNY SCOTT WEIGNER, SNYDER NATIONAL CARRIERS, INC., HERBERT W. FARENKOPF, DAVID KISTLER & GRANDSON, INC., AND DAVID K. DELONG, Defendants. NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM UPON TH ~; PENNSYLVANIA STATE POLICE TO: Michael F. Nerone, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Warren L. Siegfried, Esquire Wayman, Irvin & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 Defendants, David Kisfler & Grandson, Inc. and David K. DeLong, intend 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. Respectfully submitted, By: A~/mey for: GRANDSO~ EY, WARNER, COLEMAN ITl-I, ESQUIRE ~efendants, DAVID KISTLER & INC., AND DAVID K. DELONG CERTIFICATE OF SERVICE The undersigned hereby certifies that a tree and correct copy of the foregoing NOTICE OF INTENT TO SERVE SUBPOENA DUCES TECUM UPON THE PENNS~¢VANIA TURNPIKE COMMSSION was mailed to the following counsel of record this [_~ day of ~lrn~, 2002, via United States First Class Mail, postage pre-paid: Michael F. Nemne, Esquire Dickie, McCamey & Chilcote Two PPG Place, Suite 400 Pittsburgh, PA 15222-5402 Warren L. Siegfi-ied, Esquire Wayman, Ir/in & McAuley Suite 1624 Frick Building Pittsburgh, PA 15219-6101 By: M~DENNEHEY, WARNER, T EI~J. SMi ['H, ESQUIRE A ney for D fendant, DAVID KISTLER & G] ~NDSON, NC., AND DAVID K. DELONG For~ 73-B PROTHONOTARY (Rev. '1/02 ) . Court of Common Pleas of Allegheny Countyl Pennsylvania THE COMMONWEALTH OF PENNSYLVANIA ALLEGHENY COUNTY, ss: D.M. Bowman VS. Johnny Scott Weigher, Snyder National Carriers, Inc., Herbert Farenkopf, David Kistler & Grandson, Itic. and David K. No. GD-01-855 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Pennsylvania State Police, Attn.: Commissioner (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 Exhibit A.Attached hereto at Marshall Dennehey. 2900 U.S. Steel Tower. 600 Grant St.. Ptttsburzh, PA 15219 (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 this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WASISSUED AT THE REQUEST OF THE FOLLOWING PERSON: Name: Tyler J. Smith~ Esquire Address: 2900 U.S. Steel Tower, 600 Grant St. Pittsburgh, PA 15219 Telephone: 412-803-1140 Supreme CourtI.O.# 70492 A~omey Mr: Defendants David Kistler & Grandson, Inc. HeMb~rt~Farenkopf and David DeLong Bythe ~OU~X/~ Date: Seal of the Court Prothonotary Depu~ 00583 EXHIBIT "A" TO SUBPOENA DIRECTED TO THE PA STATE POLICE Any and all documents and things generated in relation to the January 3, 1999 motor vehicle accident and subsequent investigation of the same which occurred on the Pennsylvania Turnpike in Cumberland County and identified in PA State Police Incident Report Nos.: T5-5003429 and T5-5003430, including, but not limited to, photographs, diagrams, videotapes, audiotapes, reports of investigation, physical evidence lists, correspondence, memoranda, etc. \12_A'xLIAB\CZIt~DISC~219492\CZI-B19178~00102 EXHIBIT "A" TO SUBPOENA DIRECTED TO THE PA STATE POLICE Any and all documents and things generated in relation to the January 3, 1999 motor vehicle accident and subsequent investigation of the same which occurred on the Pennsylvania Turnpike in Cumberland County and identified in PA State Police Incident Report Nos.: T5-5003429 and T5-5003430, including, but not limited to, photographs, diagrams, videotapes, audiotapes, reports of investigation, physical evidence lists, correspondence, memoranda, etc. \12_AXLIABXI2ZI~DISC~219492\CZItX19178',00102