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Home My WebLink About94-01854 ~ lc) ~\ .......... . , . 38. PETER A. HERD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA 94-1854 CIVIL TERM VS. JEFFREY ALAN GAUGER, TONY W. WIRCH, AND HOGAN MOTOR LEASING, Defendants CIVIL ACfION - LAW IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held August 23, 1995, were Richard Sadloek, Esquire, allorney for the plaintiff, Clark Devere, Esquire, on behalf of trial counsel, Richard Druby, Esquire, for defendants Tony W. Wireh and Hogan Motor Leasing. John McGrath, Esquire, allorney for defendant, Jeffrey Alan Gauger, was not present and no explanation for his absence has been offered to the court. The conference proceeded without him. This case arose out of a motor vehicle aceident which occurred on January 5, 1994, on Route 11/15 in Cumberland County. The plaintiff contends that vehicles driven by the defendants collided in their lanes of travel forcing defendant Gauger's vehicle into the oncoming lane thereafter striking a vehicle driven by the plaintiff. It appears that the plaintiff was insured with a limited tort option. There is also reason to believe that the vehicle driven by Gauger was registered in Pennsylvania. Thus, there will be a question as to whether or not full recovery may be had with respect to at least one of the defendants. The court indicated that we would simply add an interrogatory to the verdict slip with an eye to a jury finding as to whether or not the injury involved was "serious." This othcrwise uncomplicated case should be of no more than a day and a hairs duration. Plaintiff will have four peremptory challenges. The defendants Gauger and Wirch will divide their peremptory challenges evenly. . AIL August 23. 1995 _ L" ,..."., r.::::'_PO.... AUG 23 3 58 PH '95 r IV:',. OFFIOE Of T:1 ~ ,'HOTHONClAhY CUHbEP.'NOC~UHTY PI HNSTVIAlil~ - ........- [:~:,=~~'::,,:,,~~ ,."..,.,:;;:'~-"." I' ' .. ...... Richard Sadloek, Esquire For the Plaintiff Clark Devere, Esquire Richard B. Druby, Esquire For Defendants Wirch and Hogan Motor Lensing John J. McGrath. Esquire For Defendant Gauger :rlm ;:S ",:ij iJ~ ..:1>0 ""'" Z ZZ ~ Oc.l i>:l ~"" ~ o -:>: U~:J;:l ~Z > O::>IH o U E-<UZ 0.: 0... ~Q.....U"\ O~E-<CCl U U..... . Z HO ~Ut.JZ .... .... '" ... C '" III H "" co ... C - III 0.", Z = .H Ql :>:"'.... ~~~ 00.: E-<O -E-< 0.:0 c.l:O: o ~:ij 00 o ~; III ~= ~U ~o.: c.lH ..,:>: _H "'''' ~~ ffi~ ~E-< c.lO ~:o: ~:ij o s~ ~~ o j!;= x~ H ~~ 0.::>: E-< I~ l:lo ""E-< . > - ;! c.l :<: 0.: c.l tl "" @!J m 0: W l'l '" ~ Ul 0 Ul cD :;) " 0 ~ h E co::t: :1 ... l'l ~ kI .:J It CJ) Z u:Emtn c c: c( ~ )( ~ O"':I:z~,g,. Ul . ~ Ul il;o:m~6~ j l:1 z ~ a: ~ u 9 _ . ,;: ~ = :? ;> % ~ . " 0: Ul W _ Cl ~ N ~ ti ~ ::E . . . ., . PETER HERD, Plaintiff . . . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW . . JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants NO. 94-1854 civil Term : PRE-TRIAL MEMORANDUM OF DEFENDANTS, TONY W. WIRCR AND HOGAN MOTOR LEASING I. STATEMENT OF BASIC FACTS AS TO LIABILITY This case arises out of a two vehicle accident which occurred on January 5, 1994, at approximately 12:20 p.m. on Route 11/15 in Cumberland County. At that time, Plaintiff was proceeding northbound on 11/15 and Defendant, Jeffrey Gauger, was proceeding southbound on 11/15 as was Defendant, Tony Wirch, who was driving a tractor trailer on behalf of Hogan Motor Leasing. It is the position of Defendants Wirch and Hogan Motor Leasing that Defendant Gauger attempted to pass Mr. Wirch's vehicle on the right immediately prior to the lanes merging. Defendants Wirch and Hogan Motor Leasing believe that Defendant Gauger, possibly as a result of unsafe speed combined with snowy conditions, lost control of his vehicle. Mr. Wirch observed Mr. Gauger's vehicle cross in front of him and into the northbound lane. Plaintiff's vehicle then struck Mr. Gauger's vehicle as it was crossing the northbound lanes. At no time did Mr. Wirch's vehicle make contact with Mr. Gauger's vehicle. II. STATEMENT OF BASIC FACTS AS TO DAMAGES Plaintiff is seeking recovery of injuries including a laceration on the right knee, a laceration to the left eyelid and, according to the plaintiff, broken ribs. However, a review of the medical records does not indicate that Mr. Herd suffered any broken ribs. Plaintiff also claims that he has a small scar on the end of his eyelid where the sutures ended. III. ISSUES AS TO LIABILITY AND DAMAGES Liability will be based upon a negligence theory. Defendants Wirch and Hogan Motor Leasing believe that liability rests with Mr. Gauger due to his negligence in attempting to pass the Wirch vehicle on the right at an excessive speed given the road conditions existing. with respect to damages, it appears that all of Mr. Herd's medical bills have been paid. Therefore, he will be unable to plead, prove and recover those damages. - 2 - IV. LEGAL ISSUES Counsel for Defendant Gauger has indicated his intention to raise the "limited tort" issue with respect to Plaintiff's claims. V. IDENTITY OF WITNESSES TO BE CALLED 1. Peter Herd, as on cross-examination; 2. Jeffrey Gauger, as on cross-examination; 3. Tony W. Wirch; 4. Patrolman K. Huss, East pennsboro Township Police Department, Enola, Pa.; 5. corporal Pinti, East pennsboro Township Police Department, Enola, Pa. Defendants Wirch and Hogan Motor Leasing reserve the right to call those witnesses identified in the Pre-Trial Memoranda of other parties. VI. EXHIBITS 1. Diagram of accident scene. 2. Photographs of all vehicles involved. - 3 - Defendants Wirch and Hogan Motor Leasing reserve the right to utilize those exhibits identified in the Pre-Trial Memoranda of other parties. VII. STATUS OF SETTLEMENT NEGOTIATIONS Currently, Plaintiff's demand is $15,000. Defendants have made a joint settlement offer in the amount of $12,500. Respectfully submitted, , KNAUSS & ERa BY: chard B. Drub , Attorney 1.0. No. P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Attorneys for Defendants, Tony W. Wirch and Hogan Motor Leasing Dated: August 11, 1995 - 4 - CERTIPICATE OP SERVICE AND NOW, this 17th day of August, 1995, I, Richard B. Druby, of Metzger, Wickersham, Knauss & Erb, attorneys for Defendants, Tony W. Rich and Hogan Motor Leasing, hereby certify that I served the foregoing pre-Trial Memorandum of Defendants, Tony W. Wirch and Hogan Motor Leasing, this day by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Richard sad10ck, Esquire Angino & Rovner 4503 North Front street Harrisburg, PA 17110 John J. MCGrath, Esquire McKissock & Hoffman, P.C. 127 state street Harrisburg, PA 17111 Thomas E. Cheffins Court Administrator Cumberland county Courthouse One Courthouse square carlisle, PA 17013 BY: < - Z Vl< <> UJ -' -' >- 0.. Vl Z ZZ o UJ :Eo.. :E C 0..3 UJ u>-< c 1--' Z .....Z < O~ I :L o UJ t-uz Q 0: Oq- ::lC-Ln...J Oz.....CO< u<u__ --'<10: wo: c::t'..... :I: W-lO'l t-co- > :E:> .0:: 2:;:)-0:::;) -UUZr"') "- "- .- ... c: .- '" ~ 0.. '-" Z .- 3Vl < >- UJ z-' o I- 0: o -I- 0:0 UJ:E '-" ~Z << '-"'-" o Z:I: < -' 'C <c: '" >- UJ - O::I: .....u ..... 0: UJ_ ,..,3 C 0: UJ :I: . < 0: UJ I- UJ 0.. > - . ....."',.....?...,..~."..u,I.......r'l.... OO'...1f01 OJJWi'1i "ftjl1 Jj..1 ,'" . VI ..... c: '" 'C c: C1J "- C1J C :E ~ C Z < 0: o :E UJ :E -' < - 0: l- I UJ 0: 0.. Vl ..... ..... - I- Z - < -' 0.. utiO o:w:: f5~~ e~!z~ ii:OOili ~a:ffll. ~olli!=g 505iil Zzcn -Me ~fil~ <l:'" :I: - j,.' !:r.' ..: I - ll) r- ID a, '" N ~ - t::: ~~~~ -', .. .. PETER A. HERD, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW v. . . . . JEFFREY ALAN GAUGER, TONY W. : NO. 94-1854 CIVIL WIRCH, and HOGAN MOTOR LEASING, : . . Defendants : JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL CONFERENCE I. I'ACTS The instant action arises out of a January 5, 1994, motor vehicle accident. The accident occurred at approximately 12:20 p.m. on state Route 11, East Pennsboro Township, Cumberland County, Pennsylvania. At that location, Southbound Route 11 merges from two lanes to a single lane. Defendant Tony W. Wirch was operating a tractor- trailer in a southerly direction in the right lane of Route 11. At that same time, Defendant Jeffrey Alan Gauger was operating a 1970 Ford Maverick in the left lane of southbound Route 11. The two Defendants merged into each other causing the motor vehicle accident. The original impact between the Defendants' vehIcles occurred in the southbound lanes for Route 11. The force of the original impact caused the Gauger vehicle to cross over into the northbound lane of SR 11 and directly into the path and lane of travel of Plaintiff Peter A. Herd. 744S6/MLH " ... .' - II. DaBOBS As a result of the accident, Plaintiff Peter A. Herd sustained numerous injuries including, but not limited to, lacerations in the eyelid area with loss of some eyelash, multiple contusions and lacerations, closed-head injury, and blurry vision. Hr. Herd seeks to recover all damages recognized by law. III. WITIfIlSSBS 1. Plaintiff; 2. Defendant Tony w. Wirch, as on cross-examination; 3. Defendant Jeffrey Alan Gauger, as on cross-examination; 4. Patrolman Kenneth Huss; and 5. samir J. Srouji, M.D., via deposition. Plaintiff will supplement this list, if necessary, in a reasonable time prior to trial. IV. BXHIBIT 1. Police Report; 2. Photographs of vehicles; 3. Photographs of site; 4. Diagram of site; 5. Medical records; and 6. Photographs of Plaintiff's scars. J - .' _. Plaintiff will supplement this list, if necessary, in a reasonable time prior to trial. V. SBTTLBMBNT Defendants' last offer was $12,500. demand is $15,000. Plaintiff's current VI. LENGTH OF TRIAL lis to 2 days. ~~. D.e. re ~ ard A. ~ .D. No.--.r1281 ....ASro-North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: August 16, 1995 -",,~...~....- , .' .-. - CBRTIFICATB OF SERVICE I, Marcy L. Moyer, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PLAINTIFF'S PRE-TRIAL MBMORAHDUK upon all counsel of record via postage prepaid, first-class United s~ates mail, addressed as follows: Richard B. Druby, Esquire Metzger, wickerhsam, Knauss & Erb 111 Market street P.O. Box 93 Harrisburg, PA 17108-0093 John J. McGrath, Esquire McKissock & Hoffman 127 state street Harrisburg, PA 17101 ':fII/lJJaj I!. YfLI1~ Marcy L. Moyer Date: August 16, 1995 -:r a'I . .... ~.... ....~.s W,-",,_,1. "':.r."'.::l!' .::cit.:l .1 t...:1:n-:: O-:~> :, ':~ :~ <.ll 1'''z. ~. : l:;r. l',~ -t'..... c'~' ~:;... '~ Or... ::c e>- ... II> - C'J - "" .... """ ~~-" ..,- ,'vJ " "" e, ") ,.~ \ V) '-0 ~ ~ A "f) "f) ~ ~ -.,S) '~:J r\ OQ {:.~ \'.. ....... ~-:> "i' ~ ...... ~-1 ~ ~ .", ,.. I , .~ '~ \ '"i <: . - '-" .." 'Z Vl< :3:- <> Vl UJ -' >-- 2W 0.. Vl 0-' a: - w - "" I- a: ... z: .-: 0: VI Ii Iii - o UJ "- .0 ..... - :.E:o.. .... 0: l- e: en w!z< ll) :;: c '- UJO '" I- w Z Z ... 0 .3 UJ ..... :1:::;: '0 Z u >OZ I ID U >-c:: C c: '-" c: - ii: Oe:~ a, I- -' Z ~::: OJ '0: u. '" '- 0 II: . N ....."" < It> <c:: "- -' oll:l:t:l O~ I :E . ~ '-"'-" C1J 0.. ~ ... a: ~ 0 UJ C Q, 0 C :z Oa:::> - ~U2 C 0: Z:I: 0 OlD t::: 0: 0 UJ - <1:,,:1: UJ 0: I- UJ . :I: UJ-' 0: 0: :I: I-CJ- >- UJ .....u :<:> .0: I- > ..... 0: ::::::::;)-O::J UJ UJ- -UUZrJ 0.. ,..,:>: . ...9i,~'i' ~'J 'iii.." ~a("...,& ""'i Oto....o~ nJ'&~I"li ....O)'Jnl",., . . , , r~."'''~.'''.> ~ ,. PETER A. HERD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW plaintiff v. c ~e.. -.:J fA JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, : NO. Cf4 - / g :;4- . . Defendants : JURY TRIAL DEMANDED NOTICE TO DEPEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or Objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator CUmberland County Courthouse - 4th Floor One Courthouse Square CarliSle, PA 17013-3387 (717) 240-6200 If it I. - ,. .., plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PETER A. HERD, v. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants NO. JURY TRIAL DEMANDED HOTICIA Le han demandado a usted en la corte. Si usted quiers defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus de fens as 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEHANDA A UN ABOGADO IMMEDIATEHENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAHE POR TELEPFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Court Administrator cumberland county Courthouse - 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 f?'''~~';~"!.''J'~ ,., PETER A. HERD, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . . . : CIVIL ACTION - LAW v. . . . . JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, : . . NO. . . Defendants : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff Peter A. Herd is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 505 Skyport Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Jeffrey Alan Gauger Is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 506 Cato street, Apartment 1, Pennsylvania. 3. Defendant Tony W. Wirch is an adult individual, who pittsburgh, Allegheny County, resides at 2417 Oakhurst Drive, Alton, Illinois. 4. Defendant Hogan Motor Leasing is a corporation with a business address of 1000 North 14th street, st. Louis, Missouri. 5. At all times relevant to this Complaint, Defendant Tony W. Wirch was a servant, agent, apparent agent and/or employee of Defendant Hogan Motor Leasing, and was acting within the course and scope of his employment. 41931/CLH ,. ~ ~ 6. The fact. and occurrence. hereinafter related took place on or about January 5, 1994, at approximately 12:20 p.m., on stat. Route 11, East Pennsboro Township, Cumberland County, Pennsylvania. 7. At that time and place, Plaintiff Peter A. Herd was operating a 1988 Ford Ranger and was travelling northbound on sa 11, East pennsboro Township, Cumberland County, Pennsylvania. 8. At that time and place, Defendant Jeffrey Alan Gauger was operating a 1970 Ford Maverick and was travelling southbound in the left lane of SR 11, East pennsboro Township, Cumberland County, Pennsylvania. 9. At that time and place, Defendant Tony W. Wirch was operating a tractor trailer owned by Defendant Hogan Motor Leasing and was travelling southbound in the right lane of SR 11, East Pennsboro Township, cumberland County, Pennsylvania. 10. At that time and place, southbound sa 11 merges from a two-lane highway into a single-lane highway. 11. At that time and place, while Defendant Tony W. Wirch was attempting to merge into the single lane, Defendant Wirch's vehicle struck Defendant Gauger's vehicle, while Defendant Gauger was also attempting to merge into the single lane, forcing Defendant Gauger's vehicle to cross over into the northbound lane of sa 11 directly into the path and lane-of-travel of Plaintiff Peter A. Herd. 2 -., ~;~.~'_"'_ ,''It''i't . 12. At that time and place, a violent collision occurred between the front portion of the Herd vehicle and the right aide of Defendant Gauger's vehicle. 13. As a result of the aforementioned accident, plaintiff Peter A. Herd sustained painful and severe injuries which include, but are not limited to, lacerations in the eyelid area with loss of some eyelash area requiring sutures and plastic surgery, multiple abrasions and contusions to the face and arm, lacerations to the right knee, closed head injury, and blurry vision. 14. By reason of the aforesaid injuries sustained by Plaintiff Peter A. Herd, he was forced to incur liability for medical treatment, medications, hospitalization, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 15. Because of the nature of his injuries, Plaintiff Peter A. Herd has been advised and therefor avers that he may be forced to incur similar medical expenses in the future, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Peter A. Herd has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 3 " - " ./tr!nm~"~!M " 17. As a result of the aforesaid injuries, Plaintiff Peter A. Herd has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 18. As a result of the aforesaid injuries, Plaintiff Peter A. Herd has sustained work loss, loss of opportunity and a permanent diminution of his earning capacity, and claim is made therefor. 19. As a result of the aforesaid injuries, Plaintiff Peter A. Herd has sustained uncompensated work loss, and claim is made therefor. 20. Plaintiff Peter A. Herd continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature causing residual problems for the remainder of his lifetime, and claim is made therefor. 21. As a result of the aforesaid accident, Plaintiff Peter A. Herd has sustained scars which will result in a permanent serious disfigurement, and claim is made therefor. COUNT I Peter A. Herd v. Jeffrev Alan Gauaer 22. Paragraphs 1 through 21 of Plaintiffs' Complaint are incorporated herein by reference. 23. The aforementioned accident and all of the injuries and damages set forth above sustained by Plaintiff Peter A. Herd are 4 --... -t.._~~ m;;:a~!:d " the direct and proximate result ot the neqliqent, careless, wanton, and reckless manner in which DetendantJettrey Alan Gauger operated his motor vehicle as follows: (a) tailure to have his motor vehicle under such control as to be able to stop within the assured clear distance ahoad; failure to apply his brakes in sufficient time to avoid the accident; (c) failure to keep a proper watch for traffic on the highway; (b) (d) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and ot which he was or should have been aware; (e) failure to keep proper and adequate control over his vehicle; (f) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (g) failure to yield the right-of-way to the tractor-trailer; (h) failure to stay within his travel lane; and (i) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COURT II Peter A. Herd v. Tonv W. Wirch 24. Paragraphs 1 through 23 ot Plaintiff's Complaint are incorporated herein by reference. 5 " 25. The aforementioned accident and all of the injuries and damaqes set forth above by Plaintiff Peter A. Herd are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Tony W. Wirch operated his motor vehicle in the scope and course of his employment for Defendant Hogan Motor Leasing, as follows: (a) failure to have his motor vehicle under such control as to be able to stop within the assured clear distance ahead; (b) failure to apply his brakes in sufficient time to avoid striking the Gauger vehicle causinq this accident; (c) failure to keep a proper watch for traffic on the highway; (d) failure to drive his vehicle with due reqard for the highway and traffic conditions which were existinq and of which he was or should have been aware; (e) failure to keep proper and adequate control over his vehicle; (f) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (g) failure to travel at a safe speed; (h) failure to yield the riqht-of-way to the Gauger vehicle; and (i) driving his vehicle upon the highway in a manner endangerinq persons and property and in a reckless manner with careless disregard to the riqhts and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania and the state of Illinois. 6 '.j ~1 " f " " COUll': I II Pater A. Herd v. Hoaan Motor Leasina 26. Paragraphs 1 through 25 of Plaintiff's complaint are incorporated herein by reference. 27. The aforementioned accident and all of the injuries and damages set forth above sustained by Plaintiff Peter A. Herd are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Hogan Motor Leasing employed Defendant Tony W. Wirch and entrusted Defendant Wirch with the tractor-trailer as follows: (a) hiring and retaining a driver whom it was aware or should have been aware was not competent and qualified to operate a tractor-trailer on the public highways and who did not exercise the increased care and precautions necessary with a tractor-trailer; (b) failing to properly train and instruct its driver.in the proper manner of operating its tractor-trailer; (c) permitting Defendant wirch to operate its truck although he knew or should have know that Hr. Wirch did not have any training, experience and judgment to adequately control and operate it; (d) hiring, instructing and retaining its operator and maintaining its trailer in a manner which endangers persons and property without due regard for the rights and safety of others on the highway and in violation of the Pennsylvania Motor Vehicle Code and the Illinois Motor Vehicle Code; (e) permitting Defendant Wirch to operate the tractor-trailer although it knew or should have known that he was careless or reckless in the operation of trucks or other motor vehicles; and 7 w",,_ (f) failinq to properly test, train and supervise the operation of its vehicle in accordance with the duty a commercial vehicle owes to the safety of other motoriata on the highway. WHEREFORE, Plaintiff Peter A. Herd demands judgment aqainst Defendants Jeffrey Alan Gauger, Tony W. Wirch and Hogan Motor Leasinq in an amount in excess of Twenty Thousand Dollars ($20,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. adlock, Esqu re o. 47281 4503 North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: April 11, 1994 .-.- ~""'-""'<"""~ , , . " . ' VERIFICATION I, PETER A. HERD, Plaintiff have read the foregoing PLAIHTIFI"S COKPLAIHT and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa,C.S.A., Section 4904, relating to unsworn falsification to authorities. iU-1lktd Witness 1~(j.1)Id Peter A. Herd Date: 3~Jt)- pt/ 42162/MLH PETER A. HERD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants NO. 94-1854 CIVIL . : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICB This is to certify that on the 13th day of April, 1994, a true and correct copy of the PLAINTIFl'S COKPLAINT, civil Action No. 94- 1854 was mailed to the Defendant Hogan Motor Leasing via certified mail, return receipt requested at 1000 North 14th street, st. Louis, Missouri. A copy of the certified mail receipt No. P 3S6 535 124 is attached hereto. \ifjgt~'j!l~ ACCEPTANCB O~ SBRVICB This is to certify that on the 19th day of April, 1994, a true and correct copy of the above-noted COMPLAINT was served upon the Defendant via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No. P 386 535 124 is attached hereto. ~lrl!~ And subscribed before ..1.rUt day of , 1994. NO!:.~, .l...!,ub NOTARiAL SEAL MAEETIA J F fllGUSOfj, flOWy Public Greenl'o'o~d, Junia:a C;,u~:l' My COmmi\5ion I Xn:fES ~..,"! 12, 1996 42 l.':"l,""","'"",-' - P 311b 535 1211 ~ Receipt for Certified Mail --: No In:.uranco Covt1rago PfOVldod ~1.o..l=~ 00 not uso tor InltHflOllonal Mall (Soe ROVOfsul ... . I'i>\l.q. $ t_,"1 !",;I ,.~> ::'1.><""1,1"",...,..",,, flf'\I"';h'd o.""..,!\ ~N' m f!fJhJ'1l UI'....l-1 ~;._"...,."., en I" \'.!;om ^' 11"." D",,,,,,,.,j G.I 1'4"\1.'" R"""l" \hrO<!,"'(J 1'1 ....',,,,, C L'.JIt., .1'..I....H",~...'I.' '''l.l',', ~ .., 1()!I,:r,)\l.o'j" 0""1'" o CI) PI E o ... $ f'o).Irl',II~ Of D.lt!> le I/}I~~- ~pJd.utt ~~'$;;'''WY;';':, ' . " ',' .. 11~,IIIma.I~" _I ~rYIco~, ' " B' ",,,1t.,...3,:and4el'b,':r"' - ,"'" " , '-", ,:- (11~' - vourname.," - ,lridadch..ondie~. QI Chit Icmn 10 lh1t we can II ~~ iJ?n":d.. I.... 01 tho mil;';..,.. on tho _II...... ,'i' r.'l'I~:_ R...... 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Wirch via certified mail, return receipt requested at 2417 Oakhurst Drive, Alton, Illinois 62002 A copy of the certified mail receipt No. P 386 535 123 is attached hereto. 'JJ('JJ1C~m -'JJJ.RA-- Mar y L. oyer d ACCEPTANCE OF SERVICB This is to certify that on the 23rd day of April, 1994, a true and correct copy of the above-noted COMPLAINT was served upon the Defendant via certified mail, return receipt requested at the above-noted address. A copy of the signed receipt No. P 386 535 123 is attached hereto. ';!!la:.~t:F~ ~ to and subscribed before ..3A. ~L day of , 1994. - - --;/OTARIt.l SIAL MAEHTAJ, r(f1GU~ON. NOlJryMlic Gre~l1wood, Junia:a County My Comn"$5illf1 F'pirp~ ~ppl lP, 1m - ,..,...<.__.,_.~ __..,.., ":'0" t:.1;Ilir.m'~",,' II HI. 535 123 ~ Receipt for . Certified Mail '. No InSUfanr:fl CO'lfmnuu Providod = 0.. not use 1-" In1' "llltional Mail ,~,,~ .~"'" I~.'o Aevort."l ---~ 11.0J1!j W ,k\LLfC ! ""'1417 ^" VL ..,,,..J.. .z: _ ~LI.JL::Y 1lJ:J:;:;h ,.' ~:J P"~""l" . , C...h!,,',I ft.,- SPt"{t.<:(l.!','-"",\ R"\ll~.h~l 0.',....., f.... "1'111'" Ilf'('""'l,j ',h(>"'''''1 m 10 WI",."", U..ht 0."......1:"1 - R"tu": Illlu'OVI'\t..,olt""I'<I\'.h"'" ~ 0..11'. _If'" A,h!...-._. '1 Ad"..."., , ., TOU.; 1'0\1.'(1" o &Ir..,. o CX) CO) E o ... $ PoSlrr.I'lOI D.I'I! 1-///3194. ~~Mtf K' ,en.., 8, "".I. ClPO: '---'714 - " -:r en - -::r ,.. oC~ oPI~ u..~.,:j., O;Z<':!t ;:.,-::,Y::.. .. J: .:;;-- .::. ._ "'''.~ I _'I'''' ._:.:J " :~~. :: . i~'. '", ~..;t.." :z:: c- o N C"I') - - ::c: -......,'.-......< "::I'" en - ::a:: r._ l"- e ........ "- --C:i- ~.. ,t-~.. ..t :.... , ~ --. :f;;5~ .: _n en , :-:. ,.. _--l " . lD Ul II: < W 1'I r.l e 14 Gl H 0 Il< < ClI VI 0 ~ E-< VI cD z ::;) " 0 0 r.l .-! 0< z ~ ~ Il< r... '" z ii ti r... > en ~ ~ w t'I ~ 0 - H '" W .::J ct 0) Z U:Em~ c U >< E- r... ~ H , '<#' o VI ~ 11 en 0 :s H ex> ~II: a:O~ 0 < ltl j ~ z ~ a:.r E-r.l '<#' - ~ = ~ 0 ~ r.l '" == ~ :> U :I: - Ii II II: bl .. r.l II: r.l Cl it :I: r.l r.l Cl , N a: E-< III E-< ::l 0 ti ~ ~ r.l t3 z Z Il< ~ H U '. - PETER HERD, Plaintiff . . IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : CIVIL ACTION - LAW NO. 94-1854 civil Term JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, : Defendants . . PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendants, Tony w. Wirch and Hogan Motor Leasing only. METZGER, W,Ic:~RSHAH, KNAUSS & ERB Date: May 3-, 1994 BY: 'tZ1.. /R chard B. Dr y, Esqu re Attorney I. . No. 61904 Attorneys for Defendants Wirch and Hogan Motor Leasing P. o. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 n!7;;1;,}"",,~~~ , .~ CERTIFICATB OF SBRVICB I, Richard B. Druby, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Praecipe for Entry of Appearance upon the following person(s) at the following addressees) indicated below by sending same in the United states mail, first-class, postage prepaid: Richard A. Sadlock, Esquire 4503 North Front street Harrisburg, PA 17110 METZGER,~CKERSHAH, KNAUSS & ERB ~ /' /R chard B. Dru ,Esqu re Attorney I.D. o. 61904 Attorneys for Defendants Wirch and Hogan Motor Leasing P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Date: May L, 1994 -2- (,' ~~~,~...:.. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewrillcn and submillcd in duplicate) TO THE PROTHONOTARY/OF CUMBERLAND COUNTY: Please list the within maller for the next: o Pre.Trlal Argument Court Q9 Argument Court ---------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated In full) PETER HERD, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . (l'lalntll'l) vs, JEFFREY ALAN GAUGER, TONY W. No. 94-1854 Civil Term WIRCH, and HOGAN MOTOR LEASING, No, -1.!!..ll... ..~t"": ,.:.. .., ..,.;.: ~ ...." 'Z:'" . .I:' ......... ~,t~ .::. l-.- ";Jc.;:~' .r ~"'.n ..,.....>n') . J~~ Term ::~ ::x: no -< (D<l'endanl) u::> vs, Civil ;~ o .... -'" =-= .;::. 19....2.!. ..c.. I, State mailer to be argued (I, e" plaintil'fs motiun for ncw trial, defendant's demurrer to complaint, etc,): Defendants Wirch and Hogan Motor Leasing's Preliminary Objections to Plaintiff's Complaint. 2. Identify counsel who will argue case: (a) for plaintiff: Richard A. Sad lock , Esquire 4503 N. Front Street, Harriburg4 PA 17110 (b) fll.r,defendallt: ,(71 tl 238-6791 H~chara B. Druby, Esqu~re III Market Street, Harrisburg, PA 17101 (717) 238-8187 3, 1 will nutify all parties in writing within twu days that lIds case has becn listed for argument._ / Dated: May 9, 1994 -:r en - - :r.: .." "" "-> - -, = tIl CD ~ ~ a: ~ w l'l ..:l 14 m p., ~ Cl) 0 z r.. e-o en 0 Z z r.. en cD 0 ~ H .... ::;) " 0 ~ p., e-o ,.-I <( z E z > z 0 ~ 0 . H ,.-I cn~ ::! w 1"1:5 U >< :s u 1&1 .:J It Q) Z e-o u % m ~ 0( i;: C ~ )( 3 r.. z p., ... l5:1:zt;S> 0 ::> . ''''. en ~. 1Il 0 ~ CD ;r a: ~ cl ~ e-o u .... .:l ~ z ~ 0: ~ P: . I ::> 0 > e-o ... u 9 - . 0 Z rLI en - ... = l,) 3: w ~ U ~ X :> . . m ~ P: a: 1Il w _ :c ~ . ~ , CI ~ e-o 1Il li! Cl 0 N ~ ~ ::> z t'i ~ z ::> ~ ~ H U :c ::E , . MAY (:9 lfi:, I, 1,_1\"1' vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1854 civil Term PETER HERD, Plaintiff JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants ORDBR AND NOW, this day of , 1994, it is hereby ordered that the preliminary objections of def.endants Tony W. Wirch and Hogan Motor Leasing to plaintiff's complaint are sustained and the following paragraphs and portions of paragraphs are stricken from the complaint: Paragraph 27 (b) and 27 (f) and the word "wanton" from paragraphs 25 and 27. BY THE COURT: J. PETER HERD, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : CIVIL ACTION - LAW NO. 94-1854 Civil Term JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, : Defendants . . PRBLIMINARY OBJBCTIONS OF DBFBNDANTS TONY W. WIRCB AND BOGAN MOTOR LBASING. TO PLAINTIFF'S COMPLAINT AND NOW, come defendants, Tony W. Wirch and Hogan Motor Leasing, by their attorneys Metzger, Wickersham, Knauss & Erb, and file preliminary objections to plaintiff's complaint as follows: 1. The incident which is the subject of the present action allegedly occurred on January 5, 1994. 2. Plaintiff began this action on April 12, 1994. The complaint contains averments of negligence against defendants Wirch and Hogan Motor Leasing which matters are claimed to have arisen out of their alleged actions on or about January 5, 1994. MOTION OF DEFENDANT BOGAN MOTOR LEASING TO STRIKE PORTIONS OF PARAGRAPH 27 OF PLAINTIFF'S COMPLAINT 3. Paragraphs 1 and 2 are incorporated herein by reference. 4. Paragraph 27 of the complaint details alleged conduct for which the plaintiff seeks to hold defendant Hogan Motor Leasing liable. 5. In addition to more specific allegations of conduct in the aforesaid paragraph, -2- or h:;j~~;.\'),";i<,;'>"i~Y:' ' (a) paragraph 27(b) contains a general allegation that defendant Hogan Motor Leasing was negligent in "failing to properly train and instruct its driver in the proper manner of operating its tractor- trailer"; (b) paragraph 27 (f) contains an allegation that defendant Hogan Motor Leasing was negligent in "failing to properly test, train and supervise the operation of its vehicle in accordance with the duty a commercial vehicle owes to the safety of other motorists on the highway." 6. No additional averments concerning these alleged wrongful acts are contained in the complaint. 7. The cited paragraphs 27(b) and (f) should be stricken because they contain broad "boilerplate" allegations which are impermissible and contrary to law. 8. The cited paragraphs 27(b) and (f) are too broad to allow the moving defendant to formulate a proper response and prepare a defense. 9. If sub-paragraphs 27(b) and (f) are permitted to remain, defendant Hogan Motor Leasing will be severely prejudiced, inasmuch as the plaintiff may rely on said paragraphs in an attempt to introduce new theories of liability once the statute of limitations has run and defendant Hogan Motor Leasing may be otherwise severely prejudiced because of plaintiff's clearly impermissible allegations, as has been held in Connor v. Alleahanv General -3- {...--.."-'......".. ^c':""HfIIIII HosDital, 501 Pa. 306, 461 A.2d 600 (1983), Brown v. Lancaster General HosDital, 69 Lancaster L.Rev. 480 (1985), and other applicable law. MOTION OF DZFBNDANTS WIRCH AND HOGAN MOTOR LEASING TO STRIKB PORTIONS OF PARAGRAPH 25 AND 27 OF PLAINTII'F'S COMPLAINT 10. The present action is a claim by the plaintiff for personal injuries arising out of a motor vehicle accident. 11. The allegations of plaintiff's complaint allege facts that would support, at best, a claim of negligence against the defendants. 12. However, without any factual basis to support his conclusions with respect to defendant wirch, plaintiff alleges in paragraph 25 that his alleged injuries and damages were "the direct and proximate result of the negligent, careless, wanton and reckless manner in which defendant Tony W. Wirch operated his motor vehicle..." 13. Additionally, without any factual basis to support his conclusion with respect to defendant Hogan Motor Leasing, plaintiff alleges in paragraph 27 of his complaint that his alleged injuries and damages were "the direct and proximate result of the negligent, careless, wanton and reckless manner in which defendant Hogan Motor Leasing employed defendant Tony W. Wirch and entrusted defendant Wirch with the tractor-trailer..." 14. Defendants Wirch and Hogan Motor Leasing submit that the allegations of the complaint do not support the conclusory term of "wanton" conduct. -4- 15. The cited language should be stricken since it is a broad allegation which is legally insufficient, impermissible and contrary to law. 16. The cited language is also too broad to allow the moving defendants to formulate a proper response and prepare a defense. 17. If the cited language is permitted to remain, defendants Wirch and Hogan Motor Leasing will be severely prejudiced, inasmuch as the plaintiff may rely on said paragraph in an attempt to introduce new theories of liability once the statute of limitations has run and said defendants may be otherwise severely prejudiced because of plaintiff's clearly impermissible allegations. WHEREFORE, defendants Tony W. Wirch and Hogan Motor Leasing respectfully request this Honorable Court to strike sub- paragraphs 27(b) and (f) and the word "wanton" from paragraphs 25 and 27 of plaintiff's complaint pursuant to Pa. R.C.P. 1028(a)(2) and (4). & ERB Date: May r R chard B. Dru~, Esqu re Attorney I.D. o. 61904 / Attorneys for efendants Wirch and Hogan Motor Leasing P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 , 1994 -5- ...."^""....,.~~," -"'. CBRTIFICATB 01' SERVICB I, Richard B. Druby, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Preliminary objections of Defendants Tony W. Wirch and Hogan Motor Leasing, to Plaintiff's Complaint upon the following person(s) at the following addressees) indicated below by sending same in the United states mail, first-class, postage prepaid: Richard A. Sadlock, Esquire 4503 North Front street Harrisburg, PA 17110 Jeffrey Alan Gauger 506 Cato street, Apt. #1 pittsburgh, PA 17152 METZGER, CKERSHAH, KNAUSS & ERB chard B. Drub , Esqu re Attorney I.D. . 61904 Attorneys for efendants Wirch and Hogan Motor Leasing P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Date: May i, 1994 -6- ."... ~ =>::- - "",''''' ,;" ~- -". ., ,~:.. . . ~ ~ .' .... .... ,..., '. . .... -, , ' /-..... I.~ ...., - ... ~~ .~~ - o < 0 - '-" Z Z Vl < ,- <> :;:V1 I- UJ -' <t: Z U t; 0 -' >- >- UJ - - 0.. Vl Z -' < a.: w - Z 0 VI -' a: ... Z:Z: "- I-IX ... 0.. Ii Iii - o UJ <t- O c: :E W of. - :Eo.. ,- 01- '" 0 en Z !z ll) :E 0 ... 0: 0 'C U w Z ... 0 .=-: UJ c: UJ:!: c: u ~ 0 z I ID U>-<_O '- '-" C1J 0 it a: ~ a, t- -l .~ Z '" ~Z <t- UJ 0 = ... '" .....Z >< ~ << C1J 0 ~ 0 N O~ I .,...:E 0 0.. '-"'-" 0 Z ~ III a: ~ 0 UUJ 0 0 UJ 0 ::l ~ I-UZ 0 0: Z:I: :f: 0 Ol t::: 0: Oq- UJ < < Z Z en ::JC-Ln...J :I: -'0 l!i '" a: OZI-oo< <2 fil a: U<U__ , < Z <( -'- <I: " :I: UJ 0: q-I- UJ 0 XLU-JO\ 0: . 0: :I: I-a:l- >- UJ > .....U :E> , 0: I- ..... 0: Z::l-O::J UJ UJ- -UUZrJ 0.. ,-,3 . ..... Mi.... .ot.~,...,. u"..' ".'ll._ ~~l O)'~"''!lJ' 1I\'ll'~ - " PETER A. HERD, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . plaintiff . . CIVIL ACTION - LAW v. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants NO. 94-1854 Civil JURY TRIAL DEMANDED KOTICB TO DEPBHD You have been sued in court. If you wish to defend aqainst the claims set forth in the followinq pages, you must take action within twenty (20) days after this Complaint and Notice are served, by enterinq a written appearance personally or by attorney and filinq in writinq with the Court your defenses or objections to the claims set forth aqainst you. You are warned that if you fail to do so the case may proceed without you and judqment may be entered aqainst you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator CUmberland County Courthouse - 4th Floor One Courthouse Square CarliSle, PA 17013-3387 (717) 240-6200 " " plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PETER A. HERD, v. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants NO. 94-1854 civil JURY TRIAL DEMANDED NOTICIA La han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paqinas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una ordon contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la petie ion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IHHEDIATEHEHTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA COYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR CONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Court Administrator cumberland County Courthouse - 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 _.,~~c;..,.. .'..."'.,.,.<><=~,......... PETER A. HERD, . IN THB COURT OF COMMON PLEAS . . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff . . . CIVIL ACTION - LAW . v. . . . . JEFFREY ALAN GAUGER, TONY W. . NO. 94-1854 civil . WIRCH, and HOGAN MOTOR LEASING, . . . . Defendants . JURY TRIAL DEMANDED . AMENDED COMPLAINT 1. Plaintiff Peter A. Herd is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 505 Skyport Road, Mechanicsburg, cumberland County, Pennsylvania. 2. Defendant Jeffrey Alan Gauger is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 506 Cato Street, Pennsylvania. 3. Defendant Tony W. Wirch is an adult individual, who Apartment 1, Pittsburgh, Allegheny County, resides at 2417 Oakhurst Drive, Alton, Illinois. 4. Defendant Hogan Motor Leasing is a corporation with a business address of 1000 North 14th Street, st. Louis, Missouri. 5. At all times relevant to this Complaint, Defendant Tony W. Wirch was a servant, agent, apparent agent and/or employee of Defendant Hogan Motor Leasing, and was acting within the course and scope of his employment. 41931/CLN ._<................"""'"'.',""""~"- 6. The facts and occurrences hereinafter related took place on or about January 5, 1994, at approximately 12:20 p.m., on state Route 11, East Pennsboro Township, cumberland County, Pennsylvania. 7. At that time and place, Plaintiff Peter A. Herd was operating a 1988 Ford Ranger and was travelling northbound on SR 11, East Pennsboro Township, cumberland County, Pennsylvania. 8. At that time and place, Defendant Jeffrey Alan Gauger was operating a 1970 Ford Maverick and was travelling southbound in the left lane of SR 11, East Pennsboro Township, cumberland County, Pennsylvania. 9. At that time and place, Defendant Tony W. Wirch was operating a tractor trailer owned by Defendant Hogan Motor Leasing and was travelling southbound in the right lane of SR 11, East Pennsboro Township, cumberland County, Pennsylvania. 10. At that time and place, southbound SR 11 merges from a two-lane highway into a single-lane highway. 11. At that time and place, while Defendant Tony W. Wirch was attempting to merge into the single lane, Defendant wirch's vehicle struck Defendant Gauger's vehicle, while Defendant Gauger was also attempting to merge into the single lane, forcing Defendant Gauger's vehicle to cross over into the northbound lane of SR 11 directly into the path and lane-of-travel of Plaintiff Peter A. Herd. 2 ,~'l.~""",; - .~":'I>',A,."^~"~~J 12. At that time and place, a violent collbion occurred between the front portion of the Herd vehicle and the right .ide of Defendant Gauger's vehicle. 13. As a result of the aforementioned accident, Plaintiff Peter A. Herd sustained painful and severe injuries which include, but are not limited to, lacerations in the eyelid area with los. of some eyelash area requiring sutures and plastic surgery, multiple abrasions and contusions to the face and arm, lacerations to the right knee, closed head injury, and blurry vision. 14. By reason of the aforesaid injuries sustained by Plaintiff Peter A. Herd, he was forced to incur liability for medical treatment, medications, hospitalization, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 15. Because of the nature of his injuries, Plaintiff Peter A. Herd has been advised and therefor avers that he may be forced to incur similar medical expenses in the future, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Peter A. Herd has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 3 -rn 17. As a result of the aforesaid injuries, Plaintiff Peter A. Herd has been and in the future will be subject to qreat humiliation and embarrassment, and claim is made therefor. 18. As a result of the aforesaid injuries, Plaintiff Peter A. Herd has sustained work loss, loss of opportunity and a permanent diminution of his earning capacity, and claim is made therefor. 19. As a result of the aforesaid injuries, Plaintiff Peter A. Herd has sustained uncompensated work loss, and claim is made therefor. 20. Plaintiff Peter A. Herd continues to be plagued by persistent pain and limitation and, ther.efore, avers that his injuries may be of a permanent nature causing residual problems for the remainder of his lifetime, and claim is made therefor. 21. As a result of the aforesaid accident, Plaintiff Peter A. Herd has sustained scars which will result in a permanent serious disfigurement, and claim is made therefor. COUllT I Peter A. Herd v. Jeffrev Alan Gauaer 22. Paraqraphs 1 throuqh 21 of Plaintiffs' Complaint are incorporated herein by reference. 23. The aforementioned accident and all of the injuries and damaqes set forth above sustained by Plaintiff Peter A. Herd are 4 the direct and proximate result of the neqliqent, careless, wanton, and reckless manner in which Defendant Jeffrey Alan Gauger operated his motor vehicle as follows: failure to have his motor vehicle under such control as to be able to stop within the assured clear distance ahead; failure to apply his brakes in sufficient time to avoid the accident; (c) failure to keep a proper watch for traffic on the highway; (a) (b) (d) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (e) failure to keep proper and adequate control over his vehicle; (f) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (q) failure to yield the right-of-way to the tractor-trailer; (h) failure to stay within his travel lane; and (i) driving his vehicle upon the highway in a aanner endangering persona and property and in a reckless aanner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUllT II Peter A. Herd v. Tonv W. Wirch 24. Paraqraphs 1 through 23 of Plaintiff's Complaint are incorporated herein by reference. 5 , ,_.. ... 25. The aforementioned accident and all of the injurie. and damage. .et forth above by Plaintiff Peter A. Herd are the direct and proxilUlte result of the negligent, careless, wanton, and reckless manner in which Defendant Tony W. Wirch operated his motor vehicle in the scope and course of his employment for Defendant Hogan Motor Leasing, as follows: (a) failure to have his motor vehicle under such control as to be able to stop within the assured clear distance ahead; failure to apply his brakes in sufficient time to avoid striking the Gauger vehicle causing this accident; (c) failure to keep a proper watch for traffic on the highway; (b) (d) failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (e) failure to keep proper and adequate control over hi. vehicle; (f) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (g) failure to travel at a safe speed; (h) failure to yield the right-of-way to the Gauger vehicle; and (i) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless !Danner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania and the state of Illinois. 11 " 6 ~ COUll'l III Peter A. Herd v. Hoas" Motor Leasina 26. Paraqraphs 1 through 25 of Plaintiff's complaint are incorporated herein by reference. 27. The aforementioned accident and all of the injuries and damages set forth above sustained by Plaintiff Peter A. Herd are the direct and proximate result of the negligent, careless, and reckless manner in which Defendant Hogan Motor Leasing employed Defendant Tony W. Wirch and entrusted Defendant Wirch with the tractor-trailer as follows: (a) hiring and retaining a driver whom it was aware or should have been aware was not competent and qualified to operate a tractor-trailer on the public highways and who did not exercise the increased care and precautions necessary with a tractor-trailer; (b) failing to properly train, instruct, and supervise its driver in the proper manner of operating its tractor- trailer including in the merging of traffic from two lanes to a single lane and in compliance with the Pennsylvania Motor Vehicle Code; (c) permitting Defendant Wirch to operate its truck although he knew or should have know that Mr. Wirch did not have any training, experience and judqment to adequately control and operate it; (d) hiring, instructing and retaining its operator and maintaining its trailer in a manner which endangers persons and property without due regard for the rights and safety of others on the highway and in violation of the Pennsylvania Motor Vehicle Code and the Illinois Motor Vehicle Code; and 7 (e) ptll'lllittinq Defendant Wirch to operate the tractor-trailer althouqh it knew or should have known that he was careless or reckless in the operation of trucks or other motor vehicles. WHEREFORE, Plaintiff Peter A. Herd demands judgment aqainst Defendants Jeffrey Alan Gauqer, Tony W. Wirch and Hogan Motor Leasinq in an amount in excess of Twenty Thousand Dollars ($20,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requirinq compulsory arbitration. ANGINO & ROVN P.C. re I.D. 4503 t street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: May 12, 1994 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . . : ss. : I, Richard A. Sadlock, Esquire, beinq duly sworn accordinq to law, depose and state that I am counsel for Plaintiffs, that I a. authorized to make this Affidavit on behalf of said Plaintiffs and that the facts set forth in the foreqoinq PLaIIlTII'I"8 DDlDBD COIIPLaIIlT are true and correct to the best of my knowledqe and belief. Sworn to and subscribed before .e this \, ~ day of \\o.u \ , 1994. ~\\t~ ~ ~\M~~ Notarypu 1 c NorARIAl SFAI. Alice K, Angina. Notary P1ltlhc Harrisourg, Dauohlrl County My CommiSSion EXDlres I eo 6.19911 2317/HLH ,..~~ . CBR~II'ICA~. 01' aBRVIC. I, Marcy L. Moyer, an employee of the law firm of Angino , Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing DDDBD COJIlILA%1IT upon all counsel of record via postage prepaid, first-class united states mail, addressed as follows: CBRTII'IB ImIL RETURB RECEIPT REOUESTBD Richard B. Druby, Esquire Metzger, Wickersham, Knauss & Erb 111 Market street P.O. Box 93 HarriSburg, PA 17108-0093 Mr. Jeffrey A. Gauger 506 Cato street Apartment 1 Pittsburgh, PA 15213 t1J~~nJt~A Mar y L. oyer Date: May 13, 1994 ...:..... "..a.,_,., ...,~~..".'_' SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia No. 94-1854 Civil Term Complaint in Civil Action Law and Notice Peter A. Herd VS Jeffrey Alan Gauger, Tony W. Wirch, and Hogan Motor Leasing SERVE: Jeffrey Alan Gaugher R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Jeffrey Alan Gaugher but was unable to locate him in his bailiwick. He therefore deputized the sheriff of Allegheny County, Pennsylvania, Action Law and Notice to serve the within Com~]aint in Civil On May 16, 1994 , this office was in receipt of the attached return from Allegheny County, Pennsylvania. Sheriff's Costs: Docketing 14.00 Out of County 5.00 Surcharge 2.00 Allegheny Co. & Notary 23.00 44.00 g~16~~4Atty. Sworn and subscribed to1before me So answers: ~" ,,/ /" /,:{.":;:'./ ,~;, /R, T~O~AS KLINE, Sheriff this .L 1'7- I): 1'(., , day of 19 'i'( , A.D. ( l'"..I.I. C )}\.(j(l~ , L1~ J I r-r prot onotary . EUQENE L.COON 11",,111 JOHN M. McNAMARA Chle' Deputy ALL.EGHENY COUNTY SHERIFF'S DEPARTMENT ROOM111.COURTHOUSE {J /.. ~ PITTSBURGH, PA 15219 PLAINTIFF ~ 1+ fh:~ Phone: 355,4700 ; tI L~CASE II Cf't; ~ I q~' -A _"'- VS /' ~~J.' EXPIRES ~ DEFT' k.-f"f: /(r/I A/AN f:!!:'11uPSf? '/ ~UMMONS/PRAECIPE \ / COMPLAINT ONLY ADD, DEFT, ) OnCE AND COMPLAINT ADD, DEFT, f) ~ ~ - I REVIVAUSCI FA ~~~~~SS~EE 00 et!rO Sr fJf:JT..! g ~:EE~uRT~g~~~~~; H t -) . / '/. 0 GARNISHEE MUNICIPALITY WARD/CITY WARD '-fl A__ /~ II .... 0 OTHER ~~~~E, 19_ ATT'Y: fJvm~(onl) INDICATE TYPE OF SERVlC : 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT, MAIL 0 POSTED 0 OTHER 0 LEVY 0 SEIZED & STORE V3j 19~ I, SHERIFF OF ALLEGHENY COUNTY, PA do horoby depullzo Iho Shorill of Counly 10 eXQCule thlo Writ and make relu,n Ihereof according to low, NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy ah.riff levying upon Of IttectVng anv property under within writ may IIIYI ..m. without. watchman. In CUllOdy or whom""., I, found In po.....lan. ah" notifying plrson 01 levy or attachment. with out lability on the Plrt of luch dopllfy heroin lor InY bll, destructlon or r.movel 01 Iny such property bolaro ,h,nlra 101, theroot. Now, Seize, levy, advertise end sell all the personal property of the defendant on Ihe premisee located at: MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONLY I hereby CERTIFY ond RETURN thol on the .;;l1 doy Dr I 0: 0,,",- o'c I havl I~ In ~h ribed below: cf'De'endanl poflonally liNed. o Adutt family om ,aid Derendlnl(l) residers). Name & nelationshlp o Adult In charg. of Dafendanl" residence who refused to give n8me or relalion.hlp. o Manager/Clerk of place of kxlglng In which Dolandanl(l) letlde(.). o Agent or perlOn 'n charge of Defendant(s) afice or usual place at buslnes.. D Other o PlUpony Pooled Defendant not round because: 0 Moved o Cortlfied Mall 0 Receipl o Regular Moil Why: o Olher o Neilher Receipl 01 onvolope relurned: writ expired o Unknown 0 No Answor o Envetope nelurned o Vacanl o 19_, levy was made In 1he case of , 19_0 at _ o'clock, EUGENE L. COON, Sheriff q ~ . .- w' .J.t-;-eputy 3~ No'.'I."" ~al Sheib R, OBM." N:>lil.'Y PubIc ~.~o.:..1ly MyCommlSllCln""""",,Ju"1l1,7,1996 .-. .....-..yt.IorIaAlr""","" Istrlct She,lff Yellow. Sherif' Pink Copy' Allornoy 1.~ T'....~ Court CT' C-mmo"" ..j...-", '"'r C,... "'.,:'I'l'-nd '.'''U-.''I a. ....... ~ . at .,;-- __w....," ..."..-..... -a .-- .'1/1 . 'v .. .. .. . Panr:syl'lcni:: Peter A. Herd 'is. Jeffrey Alan Gauger ~o, qd-1RE:i4 Ci"il "'"rm :~- ~QW, AnTi 1 13. 1 qq4 ~9---. !. S~~'S' O? C-:nG~.!..A..'lD COt.~,!Y. ?A... CO h::by cL::u= t!::: Sb:E 01 Al1p'i1hpnv CAu:t'T :0 ::::::".:.:: .:.~'1 .,V:::, :::s :...::u:.::cu =6r -..~- :Lt :!:: ::qu::st ::d ::..u of :.:::: :".,:-:i. r~-"<~~ SOe.-..:! Q'f C:::::er..:u:d C~u:t7. :3- . Affida.vit or .. . :;~--n.~ :Sow, ~9 -" o..:!cc ~r. 1::-.-::=' :.:: wi.:...:" :lpcIJ ~t by :::u:~ :0 3- c:::py oi = :2::::: '_~r ~ 3nQ -~,.:- Cowa :Q :::.e .:==:::::s :.-::.-::1. So =w=. Shc:a" of CalIA"" :':10 oSWC%': 3nC S'.:l::sc-:i:d bee:: cosrs ~y"Q; ~a:u.-\GE Al':wA"yu oS =::.::.:.s ayoi 19_ ---""""'---. s " I-"~ l~ ":r a-, ~ ~; ~. c'- f.- .."': ..I..i." .: ::t;. -' r... = '-.- n:> '" N ....., ,....., >- ~. =>= , . 1'<:...1 ::> :>: CO "'0 j:;!~ "'..., .M ... 0 '" 1<1 '" c.O"N~ "0 U'" an :>: HO <~ '" UI I'<j CO <:kl-< 0 11Z r:J~'" ... . . 0 1'<1'< =. ::JM O~ I < CIl i:l ':I: 0 OOO<l<lN '" > c::kZ ~~ <II...,ZI-<<II 1-<1<1 '" ~ <II <II H..... ~~ 1<1 !;1< H . Ci.... . Iii I'< Cl ~..~...... ..... 0 1<100 ffi", u>< .N~"" UU Z '" ...,1-<:>: Xc:Q......... ...... " 1."0 ,.... , .. 00.'_' _ ...-..) ..., ,"..........-."....... '-' ..., " ... McKISSOCK , HOFFMAN, P.C. BY: John J. McGrath Identification No. 42389 127 state street HarriBburq, PA 17101 (717) 234-0103 Attorney for Defendant Jeffrey Alan Gauqer PETER A. HERD COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. VB. . . JURY TRIAL DEMANDED JEFFREY ALAN GAUGER, TONY W. WIRCH and HOGAN MOTOR LEASING . . . . . . NO. 94-1854 CIVIL TERM ENTRY OF APPBARANCB TO THE PROTHONOTARY: Kindly enter my appearance as attorney for defendant, Jeffrey Alan Gauger, in the above matter. McKIssOqK & HOFFMAN, P.C. , / , BY: ... /. VBRII'IC]\''l'IOlf I, PETER A. HERD, Plaintiff have read the foregoing l'LAIIITII'J"8 UBHDED COMPLAINT and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. ....- fitL (I. .frf..uj Peter A. Herd D'''o/''?!r 42162/KLK ""_'.~..^~.' .~. ,",',<-,:;";~.::"~;';r,,,~~t';':,,,;~,~ ~"i;~";"" ,<"C:~1:r~:'J.. .;.... . " CBRTI.%CATB O. SZRVICB I, Marcy L. Moyer, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PRAECIPE upon all counsel of record via postage prepaid, first-class United states mail, addressed as follows: Richard B. Druby, Esquire Metzger, Wickerhsam, Knauss & Erb 111 Market street P.O. Box 93 Harrisburg, PA 17108-0093 John J. McGrath, Esquire McKissock , Hoffman 127 state street Harrisburg, PA 17101 \1!J/)!.e'tl-lYI~ Date: May 24, 1994 ..~.. '~'. - ~ ~ if: C>> r.:;) ~>-- ~:: ~':;c,~:J.~ ...')0:";..:.. "" } '-':: ,- , ~ -, C' ,,"") (....... - ,:! - I..!r. >.U -' .". ~e; PETER A. HERD, plaintiff IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, : NO. 94-1854 CIVIL . . . . Defendants : JURY TRIAL DEMANDED AFPIDAVIT OF SERVICB This is to certify that on the 13th day of May, 1994, a true and correct copy of AMENDBD COMPLAINT, Civil Action No. 94-1854 civil was mailed to the Defendants via certified mail, return receipt requested as follows: Jeffrey A. Gauger 506 Cato Street, Apt. 1 pittsburgh, PA 15213 Richard B. Druby, Esquire Metzger, Wickersham, Knauss & Erb P.O. Box 93 Harrisburg, PA 17108-0093 (Counsel for Defendant Wirch and Hogan Motor Leasing) A copy of the certified mail receipts are attached hereto. 'if!J~~ f1t1,~ Marc L. 0 er ACCEPTANCB OF SERVICB This is to certify that a true and correct copy of the above-noted AMENDED COMPLAINT was served upon the Defendants via certified mail, return receipt requested at the above-noted address on the following: Richard B. Druby, Esquire: May 16, 1994 Jeffrey A. Gaugher: May 13, 1994 A copy of the signed receipts are attached hereto. ~l(~~ f( ~r((~/^ Marc L. oyer and.qubscribed before ,.JtJL7I day of , ,1~. .' ";'~.!l'~~J't~:t1_WIIIW>> P 016 243 040 ~ ReceIpt for Certified Mell .. No Ineurlnce Coverage Provided :;;;; Do nol UII 10' Inl.,".tlon.1 M.II IS.. R.v....1 lP9l C;:e",f.-'" Spec*-, ~ ,.. Ae'lflCled Del""..., ,.. ... Ae""" "eeetO' SNwI"'O = 10 Wttom . Dele [MI......ed .... Aetutn Aeeelpl ShowtnQ to Whom. I 0.1.. and Addfn..... Adchu .., g l'I ~ ... Ie fOT AL Po.tete .r... Posun.,k Of 0..1. $ 5/;3/94- W()~ .; ~'.j.- :~:<]..' ,:;:~:',~-::;L" .: .-"'C."'-",7- ,',-, c_ ,_ , "Itiimo',l;onCuai 2 i.,........... H_, fA /7109'-009. .' ij,'. :j. i I j~; t 71. - . P D1b 243 03"1 ~ Receipt for Certified Mall '. No Insur.nce Coverege Provided :;;;; Do not u.. for Inlern.tlonll Mill IS.. R..erlll Cetllfil<l F.. 5PlK~1 o.w.rv F.. Re.tJlc:I~ o.J.......y he - A,turn flK'lp1 SI'IowinO = to Whom . 0.1' lWi'tefed - I fl.1ufn Rt<<iOt ShOwtng 10 Wttom. 3 0.., and AddI'.u."' Addf.SI .., g III S "- Ie TOTAl Polugt &r... Poslml," or 0.,. $ .s /13/91- iJRJ,d- tMt(J, ,'.--; j: ; ~; ; 1 ;;, j -,it. ..u.&.0P0: 1___71' DOMESTIC. RETU,RN,RE.CI!!!mii~c '_' c', ',.~-(.!.\\'_~'::,':.~, . '~~~~rr'~ . CERTII'ICATE O~ SBRVICB I, Marcy L. Moyer, an employee of the law firm of Angino , Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing AFFIDAVIT/ACCBPTANCE O~ SERVICE upon all counsel of record via postage prepaid, first-class United states mail, addressed as follows: Richard B. Druby, Esquire Metzger, Wickerhsam, Knauss' Erb 111 Market street P.O. Box 93 Harrisburg, PA 17108-0093 John J. McGrath, Esquire McKissock , Hoffman 127 state street Harrisburg, PA 17101 ~~ LJ<-/JA-/ Date: May 24, 1994 .,:'!~." [_".c,;" ~"'~~-, ~ ~ .:>- ",>- .<.... IIJ'--~ J7~.;', .",:1 ..: P-:t~~ ~ ~ ~ N . ..i"... <-G - ~ .' -,.:; ~-' ;::: I '"'- ~ -:r ~ :.~-- = ,-:.-- ,.., N N ,,' ('ooJ :>: :> --. " III a: w C'l '" en Ul 0 Ul 0 ::t u cD <( z 0 Z - IIlllC 9 E is tl i 5 It M ~ _ m" en ~ .... 0( lit: Ul lC > /):Z:z~O~ Ul . ~ III III ~a:III~AZ . l&J z . \,I z .J"o:l:Q;w !:! 3 = ": == W - " ~ :E ~ a: " l&J III Cl - N ~ ti i :::E . '. ~. . (.'." ~../,',","~ -~ i'.,J\II: , ' . PETER HERD, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . VS. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants . . . . CIVIL ACTION - LAW NO. 94-1854 civil Term : REOUBST FOR ASSIGNMENT OF NON-JURY PROCBBDING We hereby request that the above-captioned non-jury proceeding be assigned for judicial disposition. /1 chard B. Dru Attorney I.D. o. 61904 Attorneys for Defendants Wirch and Hogan Motor Leasing P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 TO: Court Administrator Date: June~, 1994 -:r eM - ,. ;c . ..... ,,-, N ,...... ~:i --, al a: w ... .., Cll Ul 0 Ul 0 ::>>" en 0( Z Q z -" " 1Il::S::: 9 w - w .5~M~ ~ ::E m ... 0) ~ II. -< ~ en )( > ~ :I: z t; 0 ;! Ul . . CD 1Il ~a:CDao'Z jWz< Z ~ 9 ~ 0: ~ _ .J - .. 3: w - Cl .. ~ ~ a: m W 1Il .., - N ~ ti ~ ~ . , . , r'. -, .... PETER HERD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW JEFFREY ALAN GAUGER, TONY W. NO. 94-1854 civil Term WIRCH, and HOGAN MOTOR LEASING Defendants TO: Richard Sadlock, Esquire Angino & Rovner 4503 North Front street Harrisburg, PA 17110 John J. McGrath, Esquire McKissock & Hoffman, P.C. 127 state street Harrisburg, PA 17111 You are hereby notified to file a written response to the enclosed Answer to Complaint with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB / " '7, (t~~ 4<.( (~) I-lttv; Richard B. Druby, Esquire' / Attorney I.D.( No. 61904 Attorneys for Defendant .' P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Date: June ~, 1994 PETER HERD, Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : CIVIL ACTION - LAW JEFFREY ALAN GAUGER, TONY W. : NO. 94-1854 Civil Term WIRCH, and HOGAN MOTOR LEASING: Defendants : DBPENDANTS TONY W. WIRCH AND HOGAN MOTOR LEASING'S ANSWBR WITH NEW HATTER TO PLAINTIFP' S AMENDED COMPLAINT AND NEW HATTER PURSUANT TO Pa. R.C.P. 2252(41 1. After reasonable investigation, defendants Tony W. Wirch (hereafter "Wirch") and Hogan Motor Leasing (hereafter "Hogan") are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 2. After reasonable investigation, defendants Tony W. Wirch (hereafter "wirch") and Hogan Motor Leasing (hereafter "Hogan") are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded 3 . Admi tted. 4. Admitted. 5. Conclusion of law, to which no answer is required. 6. Admitted. 7. Admi tted. 8. Admitted in part and denied in part. It is admitted that at the above time and place, defendant Jeffrey Alan Gauger was operating a 1970 Ford Maverick and was traveling southbound on SR 11, East pennsboro Township, Cumberland County, ... l~. '-'~:::,,,~,_, ... _~ ~ Pennsylvania. As far as the remaining allegations of paragraph number 8, those allegations are denied and proof thereof is demanded. 9. Admitted in part and denied in part. It is admitted that at the above time and place, defendant Wirch was operating a tractor trailer owned by defendant Hogan and was traveling southbound on SR 11, East Pennsboro Township, Cumberland County, Pennsylvania. As far as the remaining allegations of paragraph number 9, those allegations are denied and proof thereof is demanded. 10. Denied as stated. While southbound SR 11 merges from a two-lane roadway into a single-lane roadway, plaintiff's designation of the location at which that merger occurs is vague and imprecise. Accordingly, defendants Wirch and Hogan are unable to respond to the allegations of paragraph number 10 and the allegations are therefore denied and proof thereof is demanded. 11. Admitted in part and denied in part. It is admitted that the defendant Wirch was attempting to merge into the single lane. It is also admitted that defendant Gauger's vehicle crossed over into the northbound lane of SR 11. However, it is specifically denied that defendant Wirch's vehicle struck defendant Gauger's vehicle. On the contrary, defendant Wirch's vehicle and defendant Gauger's vehicle did not collide or strike each other at any time. As for the remaining allegations of paragraph number 11, after reasonable investigation, defendants -2- -3- Wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 12. After reasonable investigation, defendants Wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 13. After reasonable investigation, defendants Wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 14. After reasonable investigation, defendants Wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 15. After reasonable investigation, defendants Wirch and Hogan Motor Leasing are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 16. After reasonable investigation, defendants Wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 17. After reasonable investigation, defendants Wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 18. After reasonable investigation, defendants wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 19. After reasonable investigation, defendants Wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 20. After reasonable investigation, defendants Wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. 21. After reasonable investigation, defendants Wirch and Hogan are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof thereof is demanded. COUNT I - PETER A. HERD V. JEFFREY ALAN GAUGER 22. Paragraphs 1-21 above are incorporated herein by reference. 23. Since the allegations of paragraph 23 are directed a party other than the answer defendants herein, no answer is required. -4- COUNT II . PETER A. HERD V. TONY W. WIRCH 24. Paragraphs 1-23 above are incorporated herein by reference. 25. It is specifically denied that defendant Wirch was negligent, careless and/or reckless in any manner. (The allegation that defendant Wirch was wanton was removed by stipulation of counsel). It is further specifically denied that any action or inaction on the part of defendant Wirch was the direct and/or proximate cause of any and all of plaintiff's alleged injuries and damages. Additionally, the allegation that defendant Wirch was in the scope and course of his employment for defendant Hogan is a conclusion of law. As for the remaining allegations: (a) It is specifically denied that defendant Wirch failed to have his motor vehicle under such control as to be able to stop with the assured clear distance ahead; (b) It is specifically denied that defendant Wirch failed to apply his brakes in sufficient time to avoid striking the Gauger vehicle causing this accident. It is also specifically denied that defendant Wirch caused this accident in any manner; (c) It is specifically denied that defendant wirch failed to keep a proper watch for traffic on the highway; (d) It is specifically denied that defendant wirch failed to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; (e) It is specifically denied that defendant Wirch failed to keep proper and adequate control over his vehicle; -5- (f) (g) (h) (i) (- :'..~"~",;:,''.'ik.. It is specifically denied that defendant Wirch failed to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; It is specifically denied that defendant Wirch failed to travel at a safe speed; It is specifically denied that defendant Wirch failed to yield the right of way to the Gauger vehicle. On the contrary, defendant Wirch had the right of way; and It is specifically denied that defendant Wirch was driving his vehicle upon the highway in a manner endangering persons or property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania and the state of Illinois. COUNT III - PETER A. HERD v. HOGAN MOTOR LEASING reference. 26. Paragraphs 1-25 above are incorporated herein by 27. It is specifically denied that defendant Hogan was negligent, careless and/or reckless in any manner. It is also specifically denied that any action or inaction on the part of defendant Hogan was the direct and/or proximate cause of plaintiff's alleged injuries and damages. In further answer: (a) It is specifically denied that defendant Hogan hired and retained a driver whom it was aware or should have been aware was not competent and qualified to operate a tractor trailer on the public highways and who did not exercise the increased care and precautions necessary with a tractor trailer; (b) It is specifically denied that defendant Hogan failed to properly train, instruct and supervise its driver in the proper manner of operating its tractor trailer including in the merging of traffic from two lanes to a single lane and in compliance with the Pennsylvania Motor Vehicle Code; -6- (c) (d) (e) It is specifically denied that defendant Hogan permitted defendant Wirch to operate its truck although it knew or should have known that Mr. Wirch did not have any training, experience and judgment to adequately control and operate it. On the contrary, Mr. Wirch was at all times qualified to operate and control a tractor trailer; It is specifically denied that defendant Hogan hired, instructed and retained its operator and maintained its trailer in a manner which endangers persons and property without due regard for the rights and safety of others on the highway and in violation of the Pennsylvania Motor Vehicle Code and the Illinois Motor Vehicle Code; and It is specifically denied that defendant Hogan permitted defendant Wirch to operate the tractor trailer although it knew or should have known that he was careless or reckless in the operation of trucks or other motor vehicles. On the contrary, it is specifically denied that defendant Wirch was careless or reckless in any manner. WHEREFORE, defendants Wirch and Hogan demand that plaintiff's complaint be dismissed with prejudice and judgment entered in their favor plus costs of the action. NEW MATTER 28. Plaintiff's complaint fails to state a claim upon which relief can be granted. 29. There was no negligence on the part of defendants wirch and Hogan, but if it is found that there was any such negligence, which negligence is expressly denied, any such negligence was not a proximate cause of the plaintiff's alleged injuries and damages. 30. There was no negligence on the part of defendant Wirch or defendant Hogan, but if it is found that there was any such negligence, which negligence is expressly denied, it is believed -7- and therefore averred that the negligence of the plaintiff exceeded that of defendant Wirch and/or defendant Hogan; in the alternative, it is believed and therefore averred that the plaintiff was comparatively negligent. Jl. Plaintiff had the last clear chance of avoiding this accident. 32. It is believed and therefore averred that the plaintiff has failed to mitigate his damages. 33. If plaintiff is entitled to any recovery, of which strict proof is demanded, legal responsibility therefore is that of other individuals and/or entities for whom defendants Wirch and Hogan bear no responsibility. 34. It is believed and therefore averred that plaintiff's claims is barred, in whole or in part, by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, WHEREFORE, defendants wirch and Hogan demand that plaintiff's complaint be dismissed with prejudice and judgment entered in their favor plus costs of the action. NEW MATTER PURSUANT TO PA. R.C.P. 22521d) 35. Paragraphs 1-34 above are incorporated herein by reference. 36. For the reason alleged in plaintiff's complaint with respect to defendant Gauger, defendants Wirch and Hogan herein join defendant Gauger and assert that defendant Gauger is alone -8- ,'-- --~_';.:i?<:,~.i;,"':~". . liable to plaintiff, is jointly and severally liable, or is liable over to defendants Wirch and Hogan on the cause of action set forth in plaintiff's complaint. Any liability on the part of defendants Wirch and Hogan is specifically denied. METZGER, YICKERSHAH, KNAUSS & ERB ,,' r:- ,--......../' /'/-b! /)Y' .' ;?/di I, . ,-C (l ( ,- ~ chard B. D~ by, Esqu r Attorney I.D' No. 61904 Attorneys for Defendants Wirch and Hogan Motor Leasing P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Date: June f , 1994 -9- 08/01/84 08:00 tt31UZl 7127 BOGAN TRAN iii 001 , : " , . . VERIFIOATION I, Thomas Lansinq, authorized representative for Hoqan Motor Leasing, hereby certify that I have read th~ foregoing Answer with New Matter to Plaintiff's Amended complaint and New Matter pursuant to Po. R.C.P. 2252(d) and believe it to be true and ' correct to the be.t of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 54904 relating to unsworn falsification to authorities. /1Jt1 Thomas Lansinq, Authorized Representative for Hoqan Motor Leasing D t M '!II, 1994 a e: ay ~ -11- CBRTIFICATB OF SBRVICE I, Richard B. Druby, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Answer with New Matter to Plaintiff's Amended complaint upon the following person(s) at the following addressees) indicated below by sending same in the united states mail, first- class, postage prepaid: Richard Sadlock, Esquire Angino & Rovner 4503 North Front street Harrisburg, PA 17110 John J. McGrath, Esquire McKissock & Hoffman, P.C. 127 state street Harrisburg, PA 17111 METZGER, WICKERSHAM, KNAUSS & ERB ~~ ~J / YC.lo</ D f..... ~h~~rUby, EsquireY Attorney I.D. No. 61904 0 Attorneys for Defendants Wirch and Hogan Motor Leasing P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Date: June f , 1994 -13- ~ Ul .:: fil H ~ Z ~ o u ~ o Eo: o o U fil :<: Eo< Z H .:: H ~ H >< Ul Z Z fil ~ m It W l'l .., ~ en 0 en m ::l" 0 <( z - Z ii t; ~ en ~ ~ W M t( LaJ .:1 It en Z U :E CD" <( ~ .c .: en )( ~ l&.XZ"mO~ Oen.w Ul ~a:m~O~ j~Hq ~ j:: U :> w . "': :f ~ It m ... !!! Cl · N · ti ~ ~ . ~ >< Z .... o ~ Eo: III o 'tl -Eo< ~ 1>:0 Q) fil::E: 4-l Cl Q) OZ C .::.:: ClCl o Z:<: ~~ III . >< Cl gJo:~ ~UUl ~I>:':: filHfil l-J~H ~ Q) Eo< H fil Ul ~ o u ~ o Z o H Eo< .:: H o ~ H Eo< Ul 4-l 4-l ,.-I .... ~ ,.-I III 0-1 ~ - >< Eo< Z o o u Z H :<: ~ o ;!i - li! fil :<: . > 0-1 '.-I > ,.-I U qo III co 0-1 I qo 0'1 '" I>: fil C I>: o , .:: I>: fil Eo< fil ~ . o Z ~ . ~, . . .... vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ~ PETER HERD, Plaintiff JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING. Defendants : AND NDW, thiS~Y Of~ consideration of the within stipulation of NO. 94-1854 civil Term , 1994, upon counsel, it is hereby ordered and directed that the reference in plaintiff's amended complaint to "wanton" conduct of defendant Tony W. Wirch in paragraph 25 is hereby withdrawn and stricken from plaintiff's amended complaint. The preliminary objections of defendant Tony W. Wirch and defendant Hogan Motor Leasing are hereby withdrawn. BY THE COURT: J. -:r en , .r ::;' (-) . .. PETER HERD, Plaintiff .. vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-1854 civil Term JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING Defendants ~PULATION OF COUNSBL AND NOW, this 31 day of May, 1994, counsel for plaintiff and counsel for defendant Tony W. Wirch and defendant Hogan Motor Leasing stipulate and agree as follows: 1. The reference in plaintiff's amended complaint to "wanton" conduct of defendant Tony W. wirch in paragraph 25 is hereby withdrawn and stricken from plaintiff's amended complaint. 2. The preliminary objections of defendant Tony W. Wirch and defendant Hogan Motor Leasing are hereby withdrawn. ANGINO & ER ock, Esqu re No. 47281 for Plaintiff 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 chard B. Drub , Attorney I.D. N . 61904 Attorneys for Defendants Tony W. Wirch & Hogan Motor Leasing P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 -2- VB. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PETER HERD, plaintiff JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING Defendants NO. 94-1854 civil Term PRABCIPE TO SUBSTITUTB AND ADD VERIFICATIONS TO THE PROTHONOTARY: Kindly substitute the original verification of Thomas Lansing for the fax copy of his verification and add the verification of Tony W. Wirch to defendants Tony W. Wirch and Hogan Motor Leasing'S answe~ with new matter to plaintiff's amended complaint and new matter pursuant to Pa. R.C.P. 2252(d). chard B. Dr Attorney LD. Attorneys for Defendants Wirch and Hogan Motor Leasing P.O. Boy. 93 Harrisburg, PA 17108-0093 (717) 238-8187 Date: June~, 1994 IilI 023/024 05/28/84 10:18 , ttT17 234 8478 KWKAE RBG. PA VIlRII'ICATIOH I, Thoma. Lansing, authorized repre.entative for Hogan Motor Leasing, hereby certify that I have read th~ foregoing Answer with New Matter to plaintiff's Amended Complaint and New Matter pursuant to Pa. R.C.P. 2252(d) and believe it to be true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 54904 relating to unsworn falsification to .u...r"i"~ik{;;u Thomas Lansing, Author1zed Representative for Hogan Motor Leasing Date: May 2..~ , 1994 -11- - 08/28/84 10:18 . tt711 234 8478 Mll'KIoE HBG, PA 1iII0zz/ou VERIJ'ICATION I, Tony W. Wirch, hereby certify that I have read the toregoing Answer with New Matter to Plaintiff's Amended Complaint and New Matter pursuant to Pa. R.C.P. 2252(d) and believe it to be true and correct to the best of my knowledge, info~ation, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A, 54904 relating to unsworn falsification to authoritiQs. ~:L/ .' " " :...-- -~_.- -..---- TON.i-w. W-lRCH ~-_.-~ ..... -" Date: May v.. -f , 1994 -10- f' CERTIFICATE OF SBRVICB I, Richard B. Druby, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing Praecipe to substitute and Add Verifications upon the following person(s) at the following addressees) indicated below by sending same in the united states mail, first-class, postage prepaid: Richard A. Sadlock, Esquire Angino & Rovner 4503 North Front street Harrisburg, PA 17110 John J. McGrath, Esquire McKissock & Hoffman, P.C. 1700 Market street suite 3000 Philadelphia, PA 19103-3930 ,> METZGER, 17108-0093 Date: June ~, 1994 -2- - ~..._.' .:x;';;'~"::J. "::1- en = -"l; .... .... >. >- ,r... "'Y.- lj\~..t 0:.;, i- '. .. .:: ';~. - - ,. ,. ",I.') <:"0 ,.: ;.;.... :.: ::::> -, '. C McKissock & Hoffman, P.C. By: John J. McGrath Identification No. 42389 127 state street Harrisburg, pennsylvania 17101 (717) 234-0103 plaintiff, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW PETER HERD, vs'. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING Defendants . . : NO. 94-1854 civil Term REPLY TO NEW MATTER PURSUANT TO PA R.C.P. 2252fd) Defendant, Jeffrey Alan Gauger, by his attorneys, McKissock & Hoffman, P.C., responds to co-defendants' New Matter as follows: 35. Answering defendant incorporates by reference his Answer and New Matter to plaintiff's Amended Complaint as though set forth at length, 36. The allegations of paragraph 36 constitute conclusions of law which are denied. Answering defendant specifically denied that he caused or contributed in any manner to any injuries or losses allegedly sustained by plaintiff. HOFFMAN, P.C. / (t~ l ohni,.(J. McGrath Attorneys for Defendant, Jeffrey A. Gauger _' ;\'\~'{';:f':,::'.'~',,;. ~~ '."" ;,;i.iiI VERIFICATION John J. McGrath, Esquire, attorney for defendant, Jeffrey A. Gauger, verifies that the statements made in the foregoing Defendant's Reply to New Matter Pursuant to PA R.C.P. 2252(d) are true and correct to the best of his knowledge, information and belief, and makes these statements subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~~fi~ .,~">",,,,-""',V' ."j"f'''~~' CERTIFICATB OF SERVICB I, John J. McGrath, Esquire, hereby certify that I served defendant's Reply to New Matter Pursuant to PA R.C.P. 2252(d) by United states First Class Mail, Postage Prepaid on the 8th day of May, 1994, to counsel listed below: Richard A. Sadlock, Esquire Angino & Rovner 4503 North Front street Harrisburg, PA 17110 Richard B. Druby, Esquire Metzger, Wickersham, Knauss & Erb P. O. Box 93 Harrisburg, PA 17108-0093 ~,. ~~~IcJ:Jto1:: M JO J. GRATH I -::r CT1 :oc: e>- "" :1' ~ >- ,. '-": .'t ,;, .. '.j;l. ',' = -".. -;r ., -c=, .........,-"',.-:.... -y:'~L, -..'~ To tho w~hln . ou aro horot~, ,:'t::lcd t~ plood 10 tho cc.io,",:, "'It:" ~~~ withIn _""L~ . ":'/1 (.:,", DOIVI:o haroo' Dr .' ".kc': J ,:.':;cmont m:lY b. onlorcd oO:lln:I)'ou, ~tYLL-, :-.......,~...... McKissock & Hoffman, P.C. By: John J. McGrath Identification No. 42389 127 state street Harrisburg, PA 17101 (717) 234-0103 To tho v:~~1, ~'~!:.Jou aro hcrt~, ,.I : l 1,Iced '0 tho or.:.::::. ~ -"':'T:""~ wi:htn _~, , '::,,/J tcr" DOlVlca horool 0' 0 <lol::"', lu<loomonl may be llnlorcd oooln~l you, PETER HERD, Plaintiff, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW vs. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING Defendants . . : NO. 94-1854 civil Term ANSWBR. NEW MATTER AND CROSS CLAIM OF DEFENDANT. JEFFREY ALAN GAUGER Defendant, Jeffrey Alan Gauger, by his attorneys, McKissock and Hoffman, P.C., answers plaintiff's Amended Complaint as follows: 1. Answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 1- 2. Admitted. 3-4. Answering defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations of paragraphs 3 and 4. 5. Admitted upon information and belief. 6. Admi tted. 7. It ia admitted that a person identified as Peter A. Herd was driving a 1988 Ford Ranger pick-up truck on northbound state Route 11 at the time and place alleged. . 8. Denied. At the time and place alleged, answering defendant was driving a 1970 Ford Maverick southbound in the right lane of state Route 11. 9. It is admitted only that defendant, wirch, was driving a tractor-trailer, believed to have been owned by defendant, Hogan Motor Leasing, southbound in the left lane of state Route 11 at the time and place alleged. 10. Admitted. 11. Admitted in part; denied in part. It is admitted that defendant, Wirch, while attempting to merge or move from the left lane into the right lane of state Route 11, struck answerinq defendant's vehicle in the rear, forcing answering defendant's vehicle to cross into the northbound lane of state Route 11, where it was struck by plaintiff's vehicle. Answering defendant was not attempting to merge or otherwise change lanes, but rather was continuing to travel southbound in the right lane of state Route 11, which became the only travel lane. 12. Admitted. 13-21. Answering defendant is without knowledge or information sufficient to form a belief as to the truth of the factual allegations set forth in paragraphs 13 through 21 and therefore they are denied. To the extent the allegations of paragraphs 13 through 21 constitute conclusions of law, no response is required. Answering defendant specifically denies that he caused or contributed in any manner to any injuries or losses allegedly sustained by plaintiff. , " t.:r,::=:';7'::;:',,;...:<_:.:;,':'..;:~ CO~I 22. Answering defendant incorporates by reference his responses to paragraphs 1 through 21 as though set forth at length. 23. Denied. As alleged in plaintiff's Amended Complaint, at all relevant times, defendant, Wirch, was traveling behind answering defendant and, therefore, plaintiff's allegation regarding the assured clear distance, application of answerin9 defendant's brakes, failure to maintain a proper watch for traffic, and failure to yield the right-of-way are wholly inapplicable. Moreover, as alleged in plaintiff's Amended Complaint, answering defendant's vehicle was struck from behind by defendant, Wirch, and thereby forced into the northbound lane of state Route 11. Up to the point that answering defendant's vehicle was struck, answering defendant did maintain proper and adequate control over his vehicle and kept his vehicle within his lane of travel. The remaining allegations of paragraph 23 constitute conclusions of law and are otherwise denied. WHBRBFORB, defendant, Jeffrey Alan Gauger, asks that judgment be entered in his favor and that Count I of plaintiff's Amended Complaint be dismissed with prejudice. COUNT II 24-25. The allegations of Count II, paragraphs 24 and 25, are not directed to answering defendant and, therefore, no response is required. To the extent a response may be required, answering defendant incorporates by reference his responses to paragraphs 1 through 23 as though set forth at length. ............~.~.,.,~.'-"'-- ....-- WBBREPORE, defendant, Jeffrey Alan Gauger, asks that judgment be entered in his favor and that Count II of plaintiff'S Amended complaint be dismissed with prejudice. COUNT In 26-27. The allegations of Count III, paragraphs 26 and 27, are not directed to answering defendant and, therefore, no response is required. To the extent a response may be required, answering defendant incorporates by reference his responses to paragraphs 1 through 23 as though set forth at length. WHBREFORE, defendant, Jeffrey Alan Gauger, asks that judgment be entered in his favor and that Count III of plaintiff's Amended Complaint be dismissed with prejudice. NEW MATTBR 28. Plaintiff's claims are barred in whole or in part by the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 29. Plaintiff's claims may be barred by plaintiff's election of the limited tort option. 30. Plaintiff's injuries and/or losses, if any, were caused by persons or events outside of the control of answering defendant. 31. Plaintiff's claims are barred in whole or in part by plaintiff's own negligence which consisted of, but is not limited to, the following: a. Failure to maintain a proper and adequate look out: b. Failure to maintain proper and adequate control over his motor vehicle: '"'-..- c. Failure to apply the brakes of his vehicle in sufficient time to avoid the accident, d. Traveling at an excessive rate of speed under the circumstances. 32. Plaintiff's injuries and/or losses, if any, were caused by the negligence of defendant, Tony W. Wirch, who was, at all relevant times, acting as the servant of defendant, Hogan Motor Leasing. 33. Some or all of plaintiff's claims have been paid and are barred or limited by the provisions of 75 Pa. C.S.A. S 1722. WHEREFORE, defendant, Jeffrey Alan Gauger, asks that judgment be entered in his favor and that plaintiff's Amended Complaint be dismissed with prejudice. NEW MATTER UNDER PA R.C.P. 2252f4l 34. Plaintiff's injuries and/or losses, if any, were caused by the negligence of defendants, Tony W. Wirch and/or Hogan Motor Leasing, as alleged in plaintiff's Amended Complaint. 35. Defendants, Tony W. wirch and/or Hogan Motor Leasing, are solely liable to plaintiff or, in the alternative, are liable over to answering defendant for contribution. WHEREFORE, defendant, Jeffrey Alan Gauger, asks that judgment be entered in his favor and against additional ,..",.,....'&.."'..r.!'~"'.'>1"'.,...<:.....';o~-:.,:"'.!.;~...,.,, ~"---;-~~ -,',,<-;,":1YL: -- ". ~ t rJf,'" ~ ..~._. - defendants, Tony W. Wirch and Hogan Motor Leasing, for all amounts that may be adjudged against answering defendant and in favor of plaintiff. P.c. t' ,I t , Jo J.'McGrath Attorneys for Defendant, Jeffrey Alan Gauger VBRII'ICATION Bruce Schrager hereby states that he is the defendant in this action and verifies that the statements made in the foregoing ANSWER AND NEW HATTER are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa. C.S. section 4904 to unsworn falsification to authorities. ~~~~ BRUCE SCHRAGER ~., VERIFICATION Janice Schrager hereby states that she is the defendant in this action and verifies that the statements made in the foregoing ANSWER AND NEW HATTER are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa. C.S. Section 4904 to unsworn falsification to authorities. "<".; CERTIFICATE OF SBRVICB I, John J. McGrath, Esquire, hereby certify that I served defendant's Answer, New Matter and Crossclaims by United states /S First Class Mail, Postage Prepaid on the )4th day of June, 1994, to counsel listed below: Richard A. Sadlock, Esquire Angino & Rovner 4503 North Front street Harrisburg, PA 17110 Richard B. Druby, Esquire Metzger, Wickersham, Knauss & Erb P. o. Box 93 Harrisburg, PA 17108-0093 . McGRATH -=r en = -" ;".,.... .L. ~~ :. .~ 00, N N N ; ~. , !"- I' .~ '-I '5 ....., PETER A. HERD, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW v. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, . . . . NO. 94-1854 CIVIL : Defendants : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER DEFENDANTS TONY W. WIRCH AND HOGAN MOTOR LEASING 28. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff's Complaint does state a cause of action upon which relief may be granted, 29. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, there was negligence on the part of Defendants Wirch and Hogan Motor Leasing and such negligence was a proximate cause of Plaintiff's injuries and damages. 30. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, as previously indicated, there was negligence on the 46849/MLH . .. part of Defendant Wirch and Defendant Hogan Motor Leasing. However, there was no negligence on the part of Plaintiff Peter A. Herd. Therefore, Plaintiff Peter A. Herd is not comparatively negligent. 31. Defendants' averment is a conclusion of law to which no responsive pleading is required. '1'0 the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, the doctrine of "the last clear chance" is no longer recognized or applicable in the Commonwealth of Pennsylvania. Further, Plaintiff took all appropriate action in an effort to avoid the accident. 32. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, at all times applicable hereto, Plaintiff Peter A. Herd acted appropriately and, where necessary, mitigated his damages. 33. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff is entitled to a recovery herein. By way of further amplification, Defendants' averment lacks the specificity required by the Pennsylvania Rules of civil Procedure. All of Plaintiff's injuries and damages were caused solely and ~,~I~'~ 4, directly as a result of the negligence, carelessness, wantonness, and recklessness of the instant Defendants Wirch and Hogan Motor Leasing and Defendant Jeffrey Alan Gauger. 34. Defendants' averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of anplification, all of Plaintiff's injuries and damages are recoverable in the instant action. The Pennsylvania Motor Vehicle Financial Responsibility Law in no way limits the damages Plaintiff may recover herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendants' Answer and New Matter and enter judgment in his favor against the Defendants Wirch and Hogan Motor Leasing. R d A. Sa .0. 1 4503 North Front Street HarriSburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: June 17, 1994 v" >.. ,'.i.,' .~..?f":'~""-""f, _..,.,'...,.....~>-"."..... '. .; VERZI'ZCATZON I, PETER A. HERD, Plaintiff have read the foregoing PLAZNTZI'I"8 REPLY '1'0 NEW MATTER 01' WIRCR AND ROGAN MOTOR LBA8ZNG and do swear or affirm that the facts set forth in the foregoing are true and correct to the best of ny knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities. fiLl j/J Witness ~rt.4W Peter A. Herd Date: t -It/- ~ 42162/MLM "." '. CERTII'ICATB 01' SBRVZCE I, Marcy L. Moyer, an employee of the law firm of Angino , Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PLAINTII'I"8 REPLY '1'0 NEW MATTER 01' DEI'BHDAN'l'S WIRCR AND HOGAN MOTOR LEASING upon all counsel of record via postage prepaid, first-class United states mail, addressed as follows: Richard B. Druby, Esquire Metzger, wickerhsam, Knauss & Erb 111 Market street P.O. Box 93 Harrisburg, PA 17108-0093 John J. McGrath, Esquire McKissock , Hoffman 127 state street Harrisburg, PA 17101 '-(!Ja~~~1Jl~~ Marc L. y r Date: June 17, 1994 . ,."...-.,'.7";<;:f,r..~:,'-' - ~ ~.'- ::r.: 0..... 'n .-, ('0 ~. ..... ~. -::i ':0: , ., , , . Au:;..,.;.:...... -:r en - .r'.. = 0- ~..'-, 1..1I ::'-J .:~ . ..: := ~~ m U a: ... ..: t-'I-' w 1'1 "'< .... .... l;il;'j 01 c.... > ~ III 0 "'~ .... Ul 0 U . ~~I-' ~~ ~ Ul III I z~ ::l " 0 ~ 0( z E ""'" -<r :=cffi Z c t; z!:i .,., ct-' UI-' Ul::':: = .. M ! CO I-'Z ..: Cl"l ... .... .... ....>0'" w .:1 cr en Z u ~ m'" 0( ~"" I .... '''' ~...ll"l ~C(~U))(~ -<r .... CliJ ""c:lC<: C . 0\ ... Ul .l"l l"l &.:l:ZI-O)- ~~ " t-'...l ... ~":"'t-' OUl~~m.. . .... ~..::; C::> 3: a: qd 0 III ~'" <( j~Hq c::> z .... t-'c"" - :>: t-' C "" I-' " ct-'.... U oJ - .. I-'U " ~C.. I-'~:J~ _ oJ = U C<: 0 . :>:.... 3: .. · ~! .... ~ . :;J~~ "''''U . :l: ~ .. > l-'iJ'" a: m u l"l ~...l~~ '" !!! <( :>:: ~~ I!I . ~c<:!$ N . i!ll"l ... ..: ... ~ .... l"l '" l"lC Z~ > I-' "'"" "'I-'~'" '" .... l"l l"l " l"lC l"l ~ ....U U "" .., III c:l:>: .., .. c"".,./'.....;,,::~' """",?;",-."" " PETER HERD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. CIVIL ACTION - LAW JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING: Defendants NO. 94-1854 CIVIL TERM DEFENDANTS TONY W. WIRCR AND HOGAN MOTOR LEASING'S REPLY '1'0 NEW MATTER CROSSCLAZH 01' DEI'ENDANT JEFFREY ALAN GAUGER 34. Conclusion of law, to which no answer is required. If an answer is required, the allegations of paragraph 34 are specifically denied, and proof thereof is demanded. 35. Conclusion of law, to which no answer is required. If an answer is required, the allegations of paragraph 35 are specifically denied, and proof thereof is demanded. WHEREFORE, Defendants Tony W. Wirch and Hogan Motor Leasing ask that judgment be entered in their favor and against Defendant Gauger for all amounts that may be awarded in favor of Plaintiff. Respectfully submitted, By: AM, KNAUSS & ERB chard B. Druby, Attorneys for Def Tony W. Wirch and Motor Leasing P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 Dated: June]'J, 1994 ~ .', '" CERTIPICATB OP SERVICB AND NOW, this ~y of ~.v.,.c , 1994, I, Richard B. Druby, Esquire, of the law firm~MetZger, Wickersham, Knauss' Erb, attorneys for Defendants Tony W. wirch and Hogan Motor Leasing, hereby certify that I served the foregoing Defendants Tony W. Wirch and Hogan Motor Leasing's Reply to New Matter and Crossclaim of Defendant Jeffrey Alan Gauger this day by depositing same in the united states Mail, postage prepaid, at Harrisburg, pennsylvania, addressed to: JOHN J. McGRATH, ESQUIRE McKISSOCK & HOFFMAN 127 state Street Harrisburg, PA 17101 RICHARD A. SADLOCK, ESQUIRE Angino & Rovner 4503 North Front Street Harrisburg, PA 17110 -2- 0,-----.-""'- CHR'.TIAN S. E". .JR. ROIIERT E. YItTTE" .JAMES F. CAR'" ROIIERT A REED EDWA"D E. KNAUS., IV .JCRED L. HOCK KAR'" R. HI"'OAII"ANO RICHARO B. DRUB.,. ST&VEN PI MINER C"'ARK DEVERE LAW OF'F'ICES METZGER, WICKERSHAM, KNAUSS & ERB MELLON BANK BUILOING 11/ MARKET STREET P. O. BOK 93 HARRISBURG, PENNSYLVANIA 17108-0093 T!:I..EPHONE (717) 238-8187 TELECOPIER (717) 234..g478 FRANK a WlCKER.HAM (lOOO-IQI31 WICKER.HA"" & METZGER (IQI3-IQ22) MeTZGER & WlCKER.HAM t1C12Z..IClS::n MeTZGER, W'CIUU'.""AM & KHAU.. (IClSS-ICle?) June 27, 1994 Thomas E. Cheffins, Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RBI Herd v. Hogan Motor Leasing, et al. No. 94-1854 civil Term Dear Mr. Cheffins: Please be advised that a stipulation withdrawing the preliminary objections of defendants Tony W. Wirch and Hogan Motor Leasing was filed and a corresponding order was signed by Judge Hoffer on June 2, 1994. Therefore, I am requesting that the above matter be stricken from the argument list on July 13, 1994. Thank you for your cooperation in this matter. KNAUSS & ERB RBD/vag cc: Lawrence E. Welker, Richard Sadlock, Esquire John J. MCGrath, Esquire .,-4',~~."~~,,;,,,,,, <. ..~~:::;;: :' _._~-~,-". ,.. "-.--,.:-'--'..'".- .~!~~--... ~ ~ ~ '-. - "'~ ~'- -:'-';"-,"., "- ~ '..... ;.~ ': ~ - '- - ~ "" ~ '...- .' ."..., McKissock & Hoffman, P.C. By: John J. McGrath Identification No. 42389 127 state street Harrisburg, PA 17101 (717) 234-0103 PETER HERD, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW Plaintiff, vs. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING Defendants : NO. 94-1854 civil Term PRAECIPE '1'0 SUBSTZTUTE VERZI'ICATION TO THE PROTHONOTARY: Kindly substitute the Verification of Defendant, Jeffrey Alan Gauger for the Verifications of Bruce Schrager and Janice Schrager, in the Answer, New Matter and Crossclaim of Defendant, Jeffrey Alan Gauger, filed June 17, 1994. McKISSaCK & HOFFMAN, P.C. \11' I~' ^ 1 c ) \ I{ /,j II By i..- ) , .(,'7'1-'1'''1 {.I Jotql J"- McGrath j Attorney for Defendant, Jeffrey Alan Gauger .' "".. VBRII'ZCATION Jeffrey Alan Gauger hereby states that he is the defendant in this action and verifies that the statements made in the foregoing ANSWER, NEW MATTER AND CROSS CLAIMS are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa. C.S. Section 4904 to unsworn falsification to authorities. ~,~A~ J YvALAN GAU R ,A.Io;. .~.......... ,,,......,.,'..,.' _,.~....,.",,~.-" ,.,,"~. ..~....",..~" w "'c .."..........i.-.,.,..,,"~~____ ""-"~-~ -~...._-,.-.--"""...,.,-..,~. ;j!; - ;.. ~.., '. ~ r, ~:'l S2 - ~ --'1 amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules of civil Procedure. Further, all of Plaintiff's injuries and damages were caused solely and directly as a result of the negligence, carelessness, wantonness and recklessness of the instant Defendants. 31. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of further amplification, Plaintiff was in no way negligent. Therefore, Plaintiff's claims are not barred or limited in any way. Further, Plaintiff: (a) maintained a proper and adequate look out; (b) maintained proper and adequate control over his motor vehicle; (c) applied the brakes of his vehicle in sufficient time in an effort to avoid the accident; and (d) traveled at a speed well under the posted speed limit and appropriate for the circumstances. 32. It is admitted Defendant Tony W. Wirch, who was within the course and scope of his employment for Defendant Hogan Motor Leasing, was also negligent, careless, reckless, and wanton. 33. 75 Pa.C.S.A. S 1722 speaks for itself. Plaintiff's claims are in no way barred, limited, or reduced herein. ~ ~'L.,,,,,",,,,.,'.. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Defendant Jeffrey A. Gauger's Answer and New Matter and enter judgment in his favor against the Defendant. R chard re I.D. No. 47281 4503 North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: July 11, 1994 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . . SS. I, Richard A. Sadlock, Esquire, being duly sworn according to law, depose and state that I am counsel for Plaintiff, that I am authorized to make this Affidavit on behalf of said Plaintiff and that the facts set forth in the foregoing REPLY '1'0 NEW MATTER are true and correct to the best of my knowledge and belief. Sworn to beforl~ of and subscribed this //67 day , 1994. NOTARIAL SEAL MAEETTA J, FERGUSON. Nolary Public Greenwood. Junlala Counly My Commission Expires Sent. 12. 1996 2317/MLM _. ;"'~":";~-'" CERTIFICATE OF SERVICE I, Marcy L. Moyer, an employee of the law firm of Angino , Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PLAINTIPP'S REPLY '1'0 NEW MATTBR 01' GAUGER upon all counsel of record via postage prepaid, first-class United states mail, addressed as follows: Richard B. Druby, Esquire Metzger, Wickerhsam, Knauss & Erb 111 Market street P.O. Box 93 Harrisburg, PA 17108-0093 John J. McGrath, Esquire McKissock & Hoffman 127 state street Harrisburg, PA 17101 1!1~1.~d'-/!toIP A J Date: July 11, 1994 -:r- en - ~ ;::. " ,J" ,.,r- " , .... <~l ~ ~;::.J ") , ' t, .. ... .-_ . oil .... <>: . - '-" z Z Vl< .- <> :<Vl cj 0 UJ ...l < t; - ...l >- >- UJ ...l A: w - 0. Vl Z...l UJ a: ,.. Z 0 VI 0. Ii Iii - ZZ .... ....0:: ..... :!: 4. - o UJ .... 0 C 0 HI w !z '" :!:o. .~ ..... '" U Z Z ,.. ~ 0 ..... 0::0 '\:l U ~ 0 z I CO 0 ..::: UJ c UJE c 0 ii: a: ~ :i! U~<(...JQ '-" Q) .... ... II: ... .~ 0 .. f--J-z '" ::> 2: .... ~ ci u. Z >< ~ << Q) z ~ 011 a: ;:: 0::> '-:E . 0. '-"'-" 0 0 0 :::> - 0 UUJ 0 0 - 0 CD ~ l- U~ 0 0:: Z:J: .... Z z VI c:: 0"", UJ < 0 a M ii: ;::JO-LO-l :J: ...l '\:l :!: Iil a: OZl-C()<( <c Z c( U<U__ . '" < .. :l: ...l< , 0:: < >- UJ 0:: ........ UJ . :I: UJ...J Ol c:: . O:::J: .... CD_ >- UJ > u.u :!:> '0:: .... U. 0:: Z~-O~ UJ UJ_ -UU2iJ 0. ":J: .y.h,.... _'\... ,.' ....I~'.... ''''''.9 v......~., v' .._." ,"!' ",,', 11. 01 .-. SEP 09 199. t ~ . Ii , I , , ;~~ I r t.~ f, i' t" ; f , "... .. , . PETER A. HERD, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff v. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants NO. 94-1854 CIVIL JURY TRIAL DEMANDED ORDER AND NOW, this I:z. "l day of J'r'~ Plaintiff's , 1994, it is Motion to Compel is hereby Ordered and Decreed that GRANTED. Defendant Jeffrey Alan Gauger is directed to respond to Plaintiff's Interrogatories, and Request for Production of Documents '1'_.., (u) 'I J_,\o.. ~"I within >an j)9f day~or face further sanctions of this Court. BY THE COURT: A~ I J. ~ Sep 12 12 33 PH '9~ ,:U'IGt :)f 1 . irll)I,:~TA"Y r.U"!!~;;":',"iO r,{.'!~tr'( .- F't',,'r.\:;'LIo'!,NII .. . or. ~"~."... < "'"'"'''~\f!l;v~-''' ~'~~~"..~:'];;"";' /, ' PETER A. HERD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants NO. 94-1854 CIVIL JURY TRIAL DEMANDED PLAZNTII'I"8 IlOTIO. '1'0 COMPEL DZSCOVERY 01' DEI'BNDAN'l' JEPPREY ALAN GAUGER Plaintiff, by and through his attorneys, Angino , Rovner, P.C., respectfully move this Honorable Court to compel Defendant Jeffrey Alan Gauger to file full and complete answers to Plaintiff's discovery requests for the following reasons: 1. The instant action was commenced by the filing of a Complaint on April 12, 1994. 2. On May 13, 1994, 'Plaintiff filed an Amended Complaint. 3. On May 18, 1994, Defendant Jeffrey Alan Gauger's counsel filed an Entry of Appearance. 4. On May 24, 1994, Plaintiff forwarded to Defendant Jeffrey Alan Gauger, Interrogatories and Requests for Production of Documents. Copies of these discovery requests are attached hereto as Exhibits A and B. 5. On June 15, 1994, Defendant Jeffrey Alan Gauger filed an Answer with New Matter and Crossclaim. 6. On July 11, 1994, Plaintiff filed his Reply to Defendant Jeffrey Alan Gauger's New Matter. SlBBB/eLK ......" . 7. '1'0 date, Defendant Jeffrey Alan Gauger has not responded to Plaintiff's Interrogatories and Request for production of Documents and said responses are overdue. 8. On July 26, 1994, Plaintiff's counsel wrote to counsel for Defendant Jeffrey Alan Gauger, and requested responses to the Interrogatories and Request for Production of Documents. A copy of the letter is attached hereto as Exhibit B. 9. Defendant Jeffrey Alan Gauger has failed to comply with the discovery as required by Pa.R.C.P 4005 and 4006. 10. All of the discovery sought by Plaintiff through his Interrogatories and Request for Production of Documents is relevant to the instant action. 11. Defendant Jeffrey Alan Gauger has had more than ample time to respond to Plaintiff's Interrogatories and Request for Production of Documents. 12. Our Rules of civil Procedure provide for the liberal granting of discovery. 13. Pa.R.C.P. 4019 provides that upon motion of a party, the Court can make an appropriate order when a party "fails to make discovery," Pa.R.C.P 4019(a) (viii). 14. Plaintiff is trying to schedule Defendant Gauger's deposition and, therefore, immediate answers to these proper discovery requests are warranted. /. ' '''\~,'r.!,:;'<_'!,~H~~ 15. Plaintiff, therefore, believes that answering all of Plaintiff's discovery requests would not burden or oppress Defendant Jeffrey Alan Gauger. 16. Plaintiff is represented by Richard A. Sadlock, Esquire of the firm of Angino , Rovner, P.C., 4503 North Front street, Harrisburg, PA 17110, (717) 238-6791. 17. Defendant Jeffrey Alan Gauger is represented by John J. McGrath, Esquire of the firm McKissock & Hoffman, 127 state street, Harrisburg, PA 17101, (717) 234-0103. WHEREFORE, Plaintiff respectfully requests that this Honorable Court order Defendant Jeffrey Alan Gauger to respond to Plaintiff's Interrogatories and Request for Production of Documents. Plaintiff further requests that should Defendant Jeffrey Alan Gauger fail to comply with the Court Order, then said Defendant should be prohibited from presenting any testimony at the trial of this matter, precluded from entering defenses to Plaintiff's claims at trial, required to pay Plaintiff's attorney's fees and costs associated with the instant Motion, and such other sanctions as the Court deems appropriate. Date: september 8, 1994 R . Sadlock, Esqu re I.D. No. 47281 4503 North Front Street HarriSburg, PA 17110 (717) 238-6791 Counsel for Plaintiff t,.!i !' .. " fr;~~';';; _ '~~""-_ .~f;~':"~~' ~ 6' ::l' > ,'" . PETER A. HERD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, Defendants NO. 94-1854 CIVIL JURY TRIAL DEMANDED PLAINTIFF'S REOUEST FOR PRODUCTION OF DOCUMENTS DIRECTED '1'0 DEFENDANT JEFFREY ALAN GAUGER TO: Tony W. Wirch, Defendant and his counsel, John J. McGrath, Esquire McKissack' Hoffman, P.C. 127 State Street Harrisburg, PA 17101 .... R char A. I.D. No. 7281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: May 24, 1994 "" . PLEASE TAKE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and 4009 and/or F.R.C.P. No. 34, please furnish at our expense, at our office, on or before thirty (30) days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege, or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. 1. Any and all documents referred to, relating to, or pertaining to any answer to any Interrogatory. 2. Any and all documents containing information relating to any answer to any Interrogatory. 3. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf. 4. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. S. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. 6. Any and all expert reports from each person whom you expect to call as an expert witness at trial. 7. Any and all writings, memoranda, reports, statements and records, etc., which you, your company and/or client possess concern- ing the case, investigation or review of the plaintitt and his case. "... 8. Copies of all statements, memoranda, summaries of other writings, documents, diagrams and pictures obtained from your inves- tigation, your insurance company's investigation or your attorney's investigation into the incident involved. You need not supply any attorney's "work product" or other material which is specifically excepted as privileged by the above rule. 9. All documents in your possession, custody or control pre- pared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or sum- maries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impres- sion, conclusions, or opinions respecting the value or merit of the claim or defense. 10. '1'0 the extent that you have not already provided the ,same in response to previous requests herein, all statements obtained from any witnesses or Memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this law suit, and all such statements, memoranda, or records made by parties to this law suit or their representatives. 11. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements, signed or otherwise adopted or approved ~< , by the person making it, or stenographic, mechanical, electrical or other recording or transcription thereof, which .is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pa.R.C.P. 4003.5 and/or F.R.C.P. No. 34. 12. To the extent that you have not already provided the same, copies of all records, documents and memoranda which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 13. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this law suit. l4. To the extent not already provided, copies of all exhibits which you intend to offer into eviden~e at the trial of this matter. 15. '1'0 the extent not already provided, all photographs, motion pictures, diagrams, maps, surveys, plans and models of the site of the incident and of the vehicles in question that are in your possession. l6. Copies of Declaration Sheets for each and every policy insuring you against the claims made in the instant action. l7. Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. - Itri-~gij~~;"s':""','J\':_>~:',(~ . ;:.<_.;;r~""~,,,-.,,~....... .,'-.-R!:, "". 'OJ .. , '. , CERTZFZCATB OF SERVZCB I, Marcy L. Moyer, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PLAINTIFF'S REQUEST FOR PRODUCTZON OF DOCUMENTS DIRECTED '1'0 DEFENDANT JEFFREY ALAN GAUGER upon all counsel of record via postage prepaid, first-class United states mail, addressed as follows: John J. McGrath, Esquire McKissock , Hoffman, P.C. 127 state street Harrisburg, PA 17101 Richard B. Druby, Esquire Metzger, Wickerhsam, Knauss & Erb 111 Market street P.O. Box 83 HarriSburg, PA 17108-0093 ~I~- Marcy L. oyer Date: May 24, 1994 -\. , . ~ 6' ;:;: l:ll ..'^.......:....'F .. -.,---.,..".'.00....... '. ,I PETER A. HERD, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW v. . . . . JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING, : . . NO. 94-1854 CIVIL Defendants JURY TRIAL DEMANDED PLAINTZFP'S ZNTERROGATORIES DIRECTED '1'0 DEFENDANT JEFFREY ~LAN G~UGER '1'0: Jeffrey Alan Gauger, Defendant and his counsel, John J. McGrath, Esquire McKissock , Hoffman, P.C. 127 State Street Harrisburg, PA 17101 Cilock, Esqu re No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: May 24, 1994 4S116/MLM Plaintiffs, through their attorney, hereby propound the following Interrogatories to defendants pursuant to Pennsylvania Rule of Civil Procedure 4006 to be answered within thirty (30) days from service thereof. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your answer to said Interrogatories and the time of the trial of this case you, or anyone acting on your behalf, learns the identity and whereabouts of any other witnesses not identified in your said answers, or if you obtain or become aware of additional requested 1nformation not supplied in your answers, you shall promptly furnish the same to plaintiffs' attorney by a supplemental answer. For the purposes of these Interrogatories, "you or "your" refers to the defendants and their files and all other persons, aqents or re resentatives of the defendants and their files. -'You" s a urt er nc u e a persons on w ose e a efendants prosecuted this action and all persons who will benefit or be legally bound by the results of this action. Your answer to the Interrogatories shall reflect and contain the knowledge of all of the above persons. References to plaintiff and/or defendant shall be interpreted as singular or plural, depending upon the particular circumstances of each case. The term "description" or "describe" as used herein shall mean that the defendants shall set forth the name and address of the author or originator, dates, title or subject matter, the present custodians of the original and of any copies and the last known address of each custodian. "Document" shall mean any written, printed, typed or other graphic matter of any kind, whether handwritten, typed or printed, whether distributed or undistributed. It shall include without limitation letters, memoranda, articles, studies, notebooks, diaries and notes, as well as all mechanical and electronic sound recordings or transcripts thereof in the possession or control of the defendants or known by them to exist. It shall also mean all copies of documents by whatever means made. Answer each Interrogatory in the space following the Interrogatory. Supplemental sheets may be attached for answers which require additional space. Please take notice that you are required' to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure. These Interrogatories are deemed continuing and supplemental answers should seasonably be provided. .I. " 1. For the person answering these Interrogatories, please state your full name, age, address, social security number, extent of formal education, occupation and the name of your employer, employer's address, as well as the nature of your employment, and if married, give your spouse's name. ANSWER ~"."" --.~ "-- '. 2. state the year, make, model number, and registered owner of the vehicle which you were driving at the time the accident in question occurred. ANSWER '. 3. If you were not the owner of the motor vehicle but were the operator, give the name and address of the party who gave you the authority to use the vehicle you were driving at the time the accident in question occurred and state what instructions, if any, were given to you prior to operating the vehicle. ANSWER I{::, :t:Lt;;;';."'-~Jo~;"WJ __'!;"'t :.'" t, ':-- 4. List the names and addresses of persons known or believed by you, or any person acting on your behal f, to have been within sight or hearing distance of the accident referred to ln the Complaint, and with regard to each person, state: (a) his or her exact location at the time of the accident, (b) his or her activity at the time of the accident, and (c) whether he or she witnessed the accident. ANSWER -_.......;. _._.~ A 5. List the names, addresses and telephone numbers of each fact witness you intend to call at trial, and briefly summarize their anticipated testimony. ANSWER .... 6. Did you consume any alcoholic beverage, sedative, tranquilizer, marijuana, cocaine, hashish or other drug, medication or pill during the eight hours immediately preceding the incident referred to in the Complaint? If so, state: (a) the nature, amount and type of item consumed; (b) the amount of time over which consumed; (c) the names and addresses of any and all persons who have knowledge as to the consumption of those items; and (d) the names and addresses of the physician (s) or other person(s) who gave, purchased or prescribed any of the said items. ANSWER , .... ..~-"''''i';P'.'..''''''.~''';'Vc$ ... 7. State whether or not the vehicle which you were driving had any mechanical defects and, if so, state the nature of same. ANSWER .<'...,'_._~....,.".,.".. ... 8. State whether you were performing any act in connection with your employment at the time of the incident in question. ANSWER t'~''''''-\.'-'f'-,_":",,,''''''9,,~ .( 9. Give the carrier name, policy number and policy limits for each and every policy insuring you against the claims made in the instant action. ANSWER .. 10. State the name, address and occupation of any person whom you expect to call as an expert witness at trial, and with regard thereto, state: (a) the subject matter on which the expert is to testify; (b) the facts and opinions to which the expert is to testifYJ (e) a summary of the grounds of each opinion; (d) the name of any report, memorandum or transcript used to substantiate each opinionJ (e) any code, regulation or standard, governmental or otherwise, alleged by the expert to have been violated, in whole or in partJ (f) any standard scientific principle alleged by the expert to have been violated, in whole or in partJ (g) any standard manufacturing principle alleged by the expert to have been violated, in whole or in part; and (h) the date, name and author of any textbook, document or other source relied upon by the expert in rendering his opinion and testimony. ANSWER . ~~-~"'~0",,"'''''__' . 11. With regard to each individual you expect to call as an expert witness at trial, state the following: (a) date of birth; (b) name and address of present employer, and if self- employed, name and address of the business; (c) full formal educational background, with date of attendance and degrees obtained; (d) a list of all writings and/or documents of any kind prepared in whole or in part by the expert; and (e) names and addresses of all persons, firms or corpora- tions who have retained this expert in the past ten years to render a report or testify as an expert witness. ANSWER II I I II I r:.o- _.,.,o,..~"_ :t~_i' ,M-,Wi ~ 12. State your whereabouts for the twenty-four hour period prior to the incident in question. ANSWER ',~. - t 13. State the purpose of the trip or journey in which you were involved at the time of the incident in question, including the exact time and point of departure, destination and time and place of all stops and departures. ANSWER - I!</". ., ~ 14. As of the time of the incident referred to in the Complaint, please state whether or not you were familiar with the location where the occurrence happened and state the nature and extent of your familiarity, indicating the number of times you had visited the location where the incident took place within the last year. ANSWER .. . 15. Please describe as fully as possible the weather and road conditions at the time and location of the alleged occurrence, setting forth conditions of light, precipitation and temperature. ANSWER ~~t;:',B:;;'L';!'Y'~~~~_'('; . 16. Describe as accurately as possible what you were doing immediately prior to this incident, and all circumstances surrounding this incident. ANSWER . 17. state the following as accurately as possible: (a) your speed when you first viewed Plaintiff's vehicle; (b) the distance between your vehicle and Plaintiff's vehicle prior to the accident, and your speed at that time; (c) the distance from Plaintiff's vehicle when you first applied your brakes; (d) any efforts made by you to avoid Plaintiff's vehicle; (e) if your car skidded, the distance from Plaintiff's vehicle when the skid began; and (f) the amount of feet your vehicle required to stop at time of collision with full application of the brakes and travelling at the speed you were going. ANSWER ~S~R , 18. State exactly how you contend the incident occurred. .' "~.",...,'.'.'~"",,, ......__.~ 19. negligent injured? position. Do you contend that the Plaintiff was contributorily or that the Plaintiff assumed the risk of being If so, state precisely the facts that support your ANSWER - 20. Are you or anyone acting on your behalf in possession ot or know of the existence of any photographs, blueprints, sketches, drawings, diagrams or plans of the instrumentalities, locality, equipment, tools or any other thing or matter involved in the incident in suit? If so, state: (a) the nature of the document, the name(s) and address(es) of the person(s) preparing such document, and the date of its preparation~ (b) the name(s) and address(es) of the person(s) presently having possession or custody of each such document~ (c) the specific subject matter of the document~ (d) the date it was made or taken~ and (e) what the document purports to show, illustrate or represent. ANSWER ..'- _.-_~... ,,,------ 21. Have you ever been charged for any violation of the motor vehicle traffic laws or ordinances of any state or municipality arising from the incident involved in this action. If so, state: (a) the specific violation with which you were charged! (b) the manner in which you were charged, i.e. citation! (c) by and before whom you were charged! (d) the verdict rendered and/or fine paid regarding said violation! and (e) the court involved. ANSWER - :" t t,;S'~.,...,~:",......;~"",.' 22. Have you or anyone acting on your behalf conducted any investigations of the incident which is the subject matter of the Complaint? If so, identify: (a) each person and the employer of each person who con- ducted any investigation I (b) the dates of investigation I and (c) all notes, reports or other documentation prepared during or as a result of the investigations, and the identity of the person who has possession thereof. ANSWER ... 23. If your attorney has completed an investigation, please provide the name, address, and telephone number of all witnesses identified in the investigation. ANSWER - ~',~.a 24. At the time of the incident referred to in the Complaint, did you have a valid license to operate a motor vehicle? If so, state: (a) issuing stater (b) expiration dater (c) operator's license numberr and (d) any restrictions, qualifications or conditions on said license. ANSWER :',,~~ ,.. ...... ,,',' b,,';:ii~...t.~":':h~.ib'=W~ 25. With regard to any restrictions, qualifications or conditions on your license, please state: (a) a full and complete description including the exact and precise language or wording on your license; and (b) the time, in months and years, that such wording appeared on your license. ANSWER t ... - ,-.. , ,."',^'~.; 26. At the time of the incident referred to in the Complaint, did your license contain any referonc8 to any prior actions, violations or offenses committed by you? If so, please state: (a) the date, time and place, and (b) the precise language or wording of each action, viola- tion or offense as it appeared on your license. ANSWER ri';'1'~"'!"~::'li;,'';'_.~..i..", 27. At the time of the incident referred to in the Complaint, did you have any condition for which you wore eyeglasses, or for which eyeglasses were prescribed? If so, state: (a) a description of the condition: (b) whether you were wearing eyeglasses at the time of the incident: (c) the name and address of the person who prescribed the eyeglasses: and (d) a description of accident referred and uncorrected. your V1S10n at the time of the to in the Complaint, both corrected ANSWER I I 28. At the time of the occurrence, did your motor vehicle .License refer in any way to the use of eyeglasses by you while operating a motor vehicle? If so, please give full details as to any reference to eyeglasses on your motor vehicle operator's license. ANSWER f.." -""'- 29. Have you ever previously been involved in a law suit? If so, state: (al the date and location of the action I (b) the nature of the actionl (c) the name(sl and address(esl of the party (ieslI (dl the disposition of the actionl and (e) the name and address of the attorney who represented you. ANSWER !! ~ I f". ......-_......,'.,-.,'~...".._-""'.-" 30. Have you ever been convicted of a crime? If so, state: (a) the nature of the conviction 1 (b) the date and location of said conviction; and (c) the penalty imposed. ANSWER i , II ,. " I: " :1 V. ~ I' 'I ~ II I~ ,. :1 31. If you have served time in prison as a result of any conviction, for each conviction give the name of the prison, the length of the term served and the date ot release. ANSWER Ii , j j 1 f j I I . I I ;; ~ , ~ t J ~ ~ I . ~ I t I I I l I c . ~ - 32. Have you ever received any citation or summons of a criminal nature resulting from the operation of a motor vehicle? If so, state: (a) the nature of the citation or summonS1 (b) the final disposition1 and (c) the court involved. ANSWER ,.-"'~"'!',.."""_.._.... 33. Have you ever had an operator I s license suspended or revoked? If so, state: (a) time and location of suspension or revocation1 (b) period of time of said suspension or revocation, including dates1 (c) reason for such suspension or revocation1 and (d) whether such suspension or revocation was lifted. ANSWER II II I I I I r-.~~~~~\I._~ 34. Have you made any statement, whether in writing, tape recording or otherwise, to any person (s) regarding any of the events referred to in the Complaint? If so, state: (a) the name (s) and address (es) of the person (s) to whom such statement was made; (b) the date of such statement; (c) the form of the statement, i.e., written, oral, record- ing device, or stenographer; (d) whether such statement, if written, was signed; and (e) the name(s) and address (es) of the person(s) presently having custody of such statement. ANSWER , II 'r,~.F""~"\'~,~:...,.,,",.,........,.;- ~. . 35. Identify all exhibits which you expect to offer into evidence at the time of trial of this case. ANSWER , , 36. state whether there was an accident report made regarding the subject incident, and, if so, the place where such report was filed. ANSWER: .' . r ."'-" L~;. . .".','''\1.^.;~. _...,_~. .~,...c.,,,_',C .... '~"':.. . . 37. Are you aware of any newspaper articles concerning the 1ncident referred to in the Complaint? If so, state the date of pUblication and newspaper involved. ANSWER: II II Ii Ii I I "-'~""~'"",<<""~,, ,. '.~""'-- .. I. I . These Interrogatories shall be deemed to be continuing. If between the time of your answers to these Interrogatories and the time of trial of this case, you or anyone actinq on your behalf learn the identity and whereabouts of any other witness(es) not identified in your answers, or if you obtain or become aware of additional requested information not supplied in your answers, you shall promptly furnish same to the undersiqned by supplemental answers. .c. -' . Sadlock, Esqu re I.D. No. 47281 4503 North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for plaintiffs Date: May 24, 1994 "---'~""''''"~ . . . ... CER'1'ZFZCATE OF SERVZCE I, Marcy L. Moyer, an employee of the law firm of Angino , Rovner, P.C., do hereby certify tha*p1~~is day serving true and correct copies of the foregoing PLAZNTZFI"S INTERROGATORIES DZRECTED '1'0 DEFENDANT JEFFREY ALAN GAUGER upon all counsel of record via postage prepaid, first-class United states mail, addressed as follows: " John J. McGrath, Esquire McKissock , Hoffman, P.C. 127 state street Harrisburg, PA 17101 Richard B. Druby, Esquire Metzger, Wickerhsam, Knauss & Erb 111 Market street P.O. Box 83 HarriSburg, PA 17108-0093 'ftl~lfI.n~ Marcy L. oyer Date: May 24, 1994 - -'! ~:~':r,~'4-'_;V~~':':"';"';"; " . , ~ g c: - . f'. -: .L.-'- '--<, ,..t'-__'~""""-"'..'_"""''''.r'' ,_ , I . . . . ) -) ,. RICHARD C. ANGINa LAW orrlca ANGINO & ROVNER, RC. NaILl. ROV1'faa .I011&PH W. MELILLO DAVID 1. LUTZ PAMELA a. SHUMAN RICllARD It.. BADLOCK WOLl: Co OLSON R08m I. MARZELLA DAWN L IENl'ftNoa TURY'&IIYlCAN MtCHA&L .. KOIIIK CATH&RIN. ... WAHADY....lTH DAVID & W181falQ WICllA&Ll.lfAVITIIXY LAWlUCNC. r. BAROHll .~ NORTII rRONT STREET HARRI8BURG, PItHNA.17UO rn 1'I13M71. PAX 11.71 aa.aeIO July 26, 1994 John J. McGrath, Esquire McKissock & Hoffman, P.C. 127 state street Harrisburg, PA 17101 , .' RE: Herd v. Gauaer. et al. Dear Mr. McGrath: Your responses to ~laintiff's Interrogatories and Request for Production of Documents are overdue. Please immediately provide me with your responses, or I will have no alternative but to file a Motion to Compel. Thank you for your prompt attention to this matter. Very RAs/mlm co: Richard B. Druby, Esquire 45884/MLM .. '" . . . . CBRTZ.ZCATB 01' SBRVZCB I, Marcy L. Moyer, an employee of the law firm of Angino , Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of the foregoing PLAZNTII'I"8 1l0TIOII '1'0 COJI1IBL DZ8COVDY O. DD'BHDANT JD'I'RBY lUJUI OAOGBJl upon all counsel of record via postage prepaid, first-class United states mail, addressed as follows: Richard B. Druby, Esquire Metzger, Wickerhsam, Knauss & Erb 111 Market street P.O. Box 93 Harrisburg, PA 17108-0093 John J. MCGrath, Esquire McKissock , Hoffman 127 state street Harrisburg, PA 17101 't/I:14 (!1i, rt IJZ-D~() A Mar y L. yer Date: September 8, 1994 r~'. ... __....__ ...._w._._..e__..._._ .....e._.... PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check one) Please list the following case: ( XX) for JURY trial at the next term of civil court. ) for trial without a Jury. e___L-____.. .-- <."Z r- u:> CJ..; II PETER A. IlERD (check one) Assumpsit ...., ,.,,' -' (';; ..", = CAPTION OF CASE (enllre capllon must be stated In full) , ,- . <.D .." Trespass ( X) Trespa~s (Motor Vehicle) ( ) (other) (Plalnllfl) vs. " JEFFREY ALAN GAUGER, TONY W. WIRCH, and HOGAN MOTOR LEASING The trial list will be called on August 15, 1995 (Delendant) and Trials commence on September 18 , 1995 Pretrials will be held on August 23 , 1995 (Brlels are due 5 days belore pretrials.) vs. (The party lIsllr,g this case lor trial shall provide lorthwlth a copy 01 the praecipe to all counsel, pursuant to local Rule 214.1.) No. 94-1854 Civil 19 94_ Indicate the allorney who will try case lor the party who Illes this praecipe: Richard A. Sadlock, Esquire, Angina & Rovner, P.C., 4503 N. Front St., Harrisburg, PA 17110 Indicate trial counsellor other parlles II known: Richard B. Druby, Esquire, Matzger, Wickersham,. Knauss & Erb, 111 Mlrket Street, P.O. B:Jx 93, Harrisburg, PA 17100-0093 PW Jct1n J. r-tGrath, Esquire, M:Kis~k & fbffnan, 127 State Street, Harrisburg, PA 17101 This case Is ready for trial. Signed: Print Name: Ri chard A. Sad I oCk, Esqui re Allorney for: Plaintiff ___. kR :>:= 0._ ~J "J " '- c., =