HomeMy WebLinkAbout02-4254IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA /?
No. 01 --1,2s.'y e tc??llam- l
Civil Action - (x) Law
( ) Equity
DAILY EXPRESS, INC.
P. O. Box 39
Carlisle, PA 17013-0039
CLAREMONT PROPERTIES
P. O. Box 39
Carlisle, PA 17013-0039
J. H. ROSE TRUCK LINES, INC.
425 North Motel Boulevard, Las Cruces, NM 88055
and
409 Pearl Street, Houston, TX 77029-1309
and
505 Pearl Street, Houston, TX 77029-1340
RYSZARD GLOWINSKI
250 Mount Vernon Plaza, Apartment 12-K
Newark, NJ 07106
Plaintiffs
Defendants
JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly issue a Writ of Summons in the above-captioned action against the Defendants advising them that
Plaintiffs have commenced an action and that they will be required to defend.
Writ of Summons shall be issued and forwarded to
(x) Attorney ( ) Sheriff
John A. Statler, Esquire
Goldberg, Katzman & Shipman, P.C.
Attorney I.D. No. 43812
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Counsel for Plaintiffs
Signature of Attorney
102-
Date
WRIT OF SUMMONS
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN
ACTION AGAINST YOU.
--apd S7 -? - ?Z
Date I Prothonotary
83657.1
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Dally Expn-ss, Inc. aril Clamffmt Fzga ies,
vs
Plaintiffs
Case No. 02-4254 Civil TMn
J. H. R--se Thick Lutes, inc. aril Ryszatrl Glovinsld,
I=fat&'nt 3
To the Court:
Statement of Intention to Proceed
Icily Dpu;ss, Inc. aril
clan nt_pu P7 .+;? intend. to proceed with the above captioned matter.
Print Name Jcri A. Statler Sign Name
Date: 912-1 JOB Attorney for D3ilY
Explanatory Comment
Inc. aid Commmt Prgx?r i
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local mles implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that role continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing Statement of
Intention to Proceed upon all parties or counsel of record by depositing a copy of same in the
.s4-
United States ?Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the Z I day
of of e Kn ?Q r 2005, addressed to the following:
J. H. Rose Truck Lines, Inc.
45 North Motel Boulevard
Las Cruces, NM 88055
J. H. Rose Truck Lines, Inc.
409 Pearl Street
Houston, TX 77029-1309
J. H. Rose Truck Lines, Inc.
505 Pearl Street
Houston, TX 77029-1340
Mr. Ryszard Glowinski
205 Mount Vernon Plaza
Apartment 12-K
Newark, NJ 07106
JO SON, DUFFIE, STEWART & WEIDNER
By:
John A. Statler, Esquire
Attorney I.D. No. 43812
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Defendants
Daily Express, Inc. and
Harold Eugene Pryor
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Johnson, Duff is, Stewart& Weidner
By: John A. Statler, Esquire
I.D. No. 43812
Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jas@jdsw.com
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
V.
J. H. ROSE TRUCK LINES, INC.
and RYSZARD GLOWINSKI,
Defendants
Attorneys for Daily Ex
Claremont Properties
IN THE COURT OF COMMON
CUMBERLAND COUNTY, PEP
CIVIL ACTION - LAW
NO. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against th
in the following pages, you must take action within twenty (20) days after th
Notice are served, by entering a written appearance personally or by attor
writing with the Court your defenses or objections to the claims set forth agair
warned that if you fail to do so the case may proceed without you and a jt
entered against you by the Court without further notice for any money claimed
or for any other claim or relief requested by the Plaintiff. You may lose mon
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. T
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Inc. and
VANIA
claims set forth
Complaint and
ey and filing in
;t you. You are
figment may be
n the Complaint
y or property or
NOT HAVE A
OFFICE CAN
E TO PROVIDE
SERVICES TO
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse
que se presentan mas adelante en las siguientes paginas, debe tomar acc
pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y
personalmente o por medio de un abogado una comparecencia escrita y radi
por escrito sus defensas de, y objecciones a, las demandas presentadas aqt
Se le advierte de que si usted falla de tomar acci6n como se describe antes
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada
cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o I
derechos importantes para usted.
a las demandas
n dentro de los
Wiso radicando
ndo en la Corte
en contra suya.
rmente, el caso
n la demanda o
ctado en contra
)piedad u otros
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDI TAMEN-TIES SI
LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE FICINA. TA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO ONSEGUIR UN
ABOGADO.
SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, E POSIBLE QUE
ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS UE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CU LIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Johnson, Duffie, Stewart & Weidner
By: John A. Statler, Esquire
I.D. No. 43812
Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jas@jdsw.com
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
V.
J. H. ROSE TRUCK LINES, INC.
and RYSZARD GLOWINSKI,
Defendants
Attorneys for Daily Ex
Claremont Properties
IN THE COURT OF COMMON F
CUMBERLAND COUNTY, PEW
CIVIL ACTION - LAW
NO. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, come the Plaintiffs, Daily Express, Inc. and Claremont
through their counsel, Johnson, Duffie, Stewart & Weidner, P.C., and
Complaint:
1. The Plaintiff, Daily Express, Inc. ("Daily'), is a corporation with
of business located at 1076 Harrisburg Pike, P.O. Box 39, Carlisle, PA 17013.
2. The Plaintiff, Claremont Properties ("Claremont'), is a business
place of business at 1076 Harrisburg Pike, P.O. Box 39, Carlisle, PA 17013.
3. At all times relevant hereto, Claremont was the owner of a 1
tractor.
4. At all times relevant hereto, Daily was the owner of a 1
attached to the 1999 International tractor identified herein.
Inc. and
VANIA
arties, by and
the following
principal place
its principal
International
Talbert trailer
5. The Defendant, J.H. Rose Truck Lines, Inc. ("J.H. Rose"), upon information and
belief, is a corporation with its principal place of business located at 425 North Motel Boulevard,
Los Cruces, New Mexico, 88055.
6. At all times relevant hereto, J.H. Rose did business and tr?ded within the
Commonwealth of Pennsylvania.
7. The Defendant, Ryszard Glowinski ("Glowinski"), is an individual residing at 240
Mt. Vernon Plaza, Apartment 12-K, Newark, New Jersey 07106.
8. At all times relevant hereto, Glowinski was the owner of the X000 Freightliner
tractor trailer.
9. At all times relevant hereto, Glowinski was an employee and or agent and/or
representative of J.H. Rose and was operating his tractor trailer within the scope of his
employment and/or agency and/or representation.
10. At all times relevant hereto, Harold Eugene Pryor ("Pryor"? was operating
Claremont's aforementioned tractor trailer with Claremont's permission.
11. On September 20, 2000 at approximately 6:15 p.m., Pryor was operating the
1999 International tractor trailer owned by Claremont, in a southerly direction in the left
southbound lane of Interstate 81, near mile marker 46.
12. On the same date and time, Glowinski was operating his 2000 F eightliner tractor
trailer, owned, leased and/or operated on behalf of J.H. Rose, in a southerly direction in the left
southbound lane of Interstate 81, near mile marker 46, and immediately behind the tractor trailer
operated by Pryor.
13. Suddenly and without warning, Glowinski caused the tracto trailer he was
operating to strike the rear of the tractor trailer owned by Claremont, and being operated by
Pryor, causing Pryor's tractor trailer to strike the rear of an automobile located in front of the
tractor trailer being operated by Terry L. Hockensmith.
14. As a result, the Plaintiff sustained damages, including but not Ii
to his tractor trailer, costs associated with the retrieval of the tractor trailer, and
tractor trailer until repairs were made.
15. At all times relevant hereto, Pryor was proceeding with
care.
COUNT I - NEGLIGENCE
DAILY EXPRESS, INC. AND CLAREMONT PROPERTIES v.
RYSZARD GLOWINSKI
J to damage
of use of the
and with due
16. The Plaintiff incorporates by reference paragraphs 1-15 as ifl set forth in full
herein.
17. Careless, negligent and reckless conduct of Glowinski, an
representative and/or agent of J.H. Rose, was the direct and proximate cau:
suffered by the Plaintiffs and that conduct is more particularly set forth below:
a. In failing to watch the road in front of his vehicle;
b. In not looking or watching where his vehicle was being
c. In failing to control his vehicle;
d. In failing to yield the right-of-way to the Plaintiffs' vehicle;
e. In traveling too fast for conditions;
f. In failing to use his brakes or braking mechanisms;
g. In striking the Plaintiffs' vehicle from behind,
and/or
of the damages
h. In failing to avoid striking the Plaintiffs' vehicle;
i. In following too closely to the Plaintiffs' vehicle;
j. In operating his vehicle in a careless, reckless and
manner;
k. In operating his vehicle in violation of the
Vehicle code; and
1. In failing to provide the Plaintiffs with a standard of care
under the existing circumstances.
WHEREFORE, the Plaintiffs, Daily Express, Inc. and Cla
demand judgment in their favor and against the Defendant, Ryszard Glowin:
$20,644.15 exclusive of interest and costs.
COUNT II - NEGLIGENCE
DAILY EXPRESS, INC. AND CLAREMONT PROPERTIES v.
J.H. ROSE TRUCK LINES, INC.
Motor
to it
Wont Properties,
in an amount of
18. The Plaintiffs incorporate by reference paragraphs 1-17 as if set forth in full
herein.
19. The careless, negligent and reckless conduct of J.H. Rose was the direct and
proximate cause of the damages suffered by the Plaintiffs and that conduct is more particularly
set forth below:
a. In failing to properly train the Defendant, Robert
b. In permitting Glowinski to operate or control its afore entioned
tractor trailer when it knew or should have known that Glowinski was likely to
operate or control said tractor trailer in such a manner as to create an
unreasonable risk of harm to others;
C. In placing or entrusting the aforementioned tractor trailer to the
operation or control of Glowinski when it knew or should have known that
Glowinski was incompetent to operate or control the aforesaid tractor trailer;
d. In allowing or requiring Glowinski to operate the trac or trailer
when it knew or reasonably should have known that he was an inexp rienced,
unlicensed, unqualified, unsafe, unfit, tired and/or careless driver;
e. In allowing Glowinski to operate the tractor trailer when i knew or
reasonably should have known that the tractor trailer was not equipped with
proper and/or properly operating safety devices, warning devices, tires and/or
brake systems;
f. In failing to properly and/or adequately inspect and/or m intain the
aforementioned tractor trailer;
g. In permitting and/or requiring Glowinski to operate t e tractor
trailer when it knew or reasonably should have known it was in state of
disrepair and/or unsafe to drive under the circumstances;
h. In establishing improper and/or unsafe policies, proce ures and
standards with regard to time within and/or manner in which deliveries re made,
goods are picked up and/or goods are shipped;
i. In establishing improper and/or unsafe policies, proce ures and
standards with regard to the amount of time its drivers must sleep a d/or rest
each day;
j. In permitting Glowinski to act or omit to act as described above in
paragraph 18; and
k. In failing to provide Plaintiffs with the standard of care owed to it
under the existing circumstances.
WHEREFORE, the Plaintiffs, Daily Express, Inc. and Claremont Properties, demand
judgment in their favor and against the Defendant, J.H. Rose Truck Lines, Inc., lin the amount of
$20,644.15, exclusive of interest and costs.
DATE: I ) iq I66
Respectfully submitted,
JOHNSON, DUFFIE, STEWART &
By: [ b) ? -? .
John A. Statler, Es uire
Attorney I.D. No. 43812
Wade D. Manley, Esquire\
Attorney I.D. No. 87244
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for the Plaintiffs,
Inc. and Claremont Properl
NER
Express,
:266778
VERIFICATION
I, Kristi Smith, verify that the statements made in the foregoing joinder
and correct to the best of my knowledge, information and belief. I and
nt are true
that false
statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Kristi
Dated: I j 7 - ?'
CERTIFICATE OF SERVICE
AND NOW, this t 9P day of January, 2006, the undersigned does I
he did this date serve a copy of the foregoing document upon the other pa
causing same to be deposited in the United States Mail, first class poc
Lemoyne, Pennsylvania, addressed as follows:
Ryszard Glowinski
250 Mt. Vernon Plaza, Apt. 12-K
Newark. NJ 07106
J.H. Rose Truck Lines, Inc.
425 North Motel Blvd.
Los Cruces, NM 88055
Harry D. McMunigal, Esq.
Bingaman & Hess
Treeview Corporate Center, Suite 100
100 Meridian Blvd.
Wyomissing, PA 19610
By:
>y certify that
of record by
prepaid, at
JOHNSON, DUFFIE, STEWART 4 WEIDNER
W'. ?
Wade D. M
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i n
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(610) 374-8377
(610) 376-3105 (Fax)
ATTORNEY FOR DEFENDANT
RYSZARD GLOWINSKI
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION - LAW
vs.
J. H. ROSE TRUCK LINES, INC.,
and RYSZARD GLOWINSKI,
Defendants
No. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Answer and New Matter
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the court with only such further notice to you as may be required by law, for any
money claimed in the Answer and New Matter or for any other claim or relief requested by the
defendant. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: 717-249-3166
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(610) 374-8377
(610) 376-3105 (Fax)
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
vs.
J. H. ROSE TRUCK LINES, INC.,
and RYSZARD GLOWINSKI,
Defendants
ATTORNEY FOR DEFENDANTS
RYSZARD GLOWINSKI
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION - LAW
No. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER OF DEFENDANT RYSZARD GLOWINSKI
TO PLAINTIFFS' COMPLAINT WITH NEW MATTER
1. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 1
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
2. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 2
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
3. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 3
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
4. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 4
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
5. Admitted.
6. Upon information and belief, this allegation is admitted.
7. Admitted.
8. Admitted.
9. Denied. It is specifically denied that Answering Defendant Glowinski was an
employee or agent or representative of Defendant J. H. Rose Truck Lines, Inc. It is further
denied that Answering Defendant Glowinski was operating any tractor trailer within the course
or scope of any employment or agency or representation relationship.
10. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph
10 of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if
relevant, is demanded at trial.
11. The allegations of paragraph 11 are deemed denied pursuant to Pa.R.C.P. 1029.
12. It is specifically denied that Answering Defendant Glowinski acted at any
relevant time herein as an agent, servant, representative or employee of Defendant J. H. Rose
Truck Lines, Inc. It is admitted that Answering Defendant Glowinski did own the referenced
tractor trailer. The remaining allegations of paragraph 12 are deemed denied pursuant to Pa.
R.C.P. 1029.
13. The allegations of paragraph 13 are deemed denied pursuant to Pa.R.C.P. 1029.
14. Denied. The allegations of paragraph 14 constitute conclusions of law to which
no response is required. To the extent that responsive pleading is required, after reasonable
investigation, answering Defendant is without information sufficient to form a belief as to the
truth or accuracy of these allegations, and the same are accordingly denied. Specific proof
thereof, if relevant, is demanded at trial.
15. The allegations of paragraph 15 are deemed denied pursuant to Pa.R.C.P. 1029.
COUNTI
16. Answering Defendant incorporates herein by reference as though fully set forth at
length paragraphs 1 through 15 of its Answer.
17. It is specifically denied that Answering Defendant Glowinski ever acted as an
employee or representative or agent of J. H . Rose Truck Lines, Inc. at any relevant time herein.
The remaining allegations of paragraph 17 are deemed denied pursuant to Pa. R.C.P. 1029.
WHEREFORE, answering Defendant respectfully requests that Plaintiffs' Complaint be
dismissed with prejudice and costs
COUNT II
18. Answering Defendant incorporates herein by reference as though fully set forth at
length paragraphs 1 through 17 of its Answer.
19. It is specifically denied that Answering Defendant Glowinski ever acted as an
employee or representative or agent of J. H . Rose Truck Lines, Inc. at any relevant time herein.
The remaining allegations of paragraph 19 are deemed denied pursuant to Pa. R.C.P. 1029.
WHEREFORE, answering Defendant respectfully requests that Plaintiffs' Complaint be
dismissed with prejudice and costs.
NEW MATTER
20. Plaintiffs' Complaint fails to state a claim upon which relief may be granted.
21. Plaintiffs' claims, if any, may be barred by the applicable statute of limitations.
22. Plaintiffs' claims, if any, may be barred and/or substantially reduced by the
doctrines of assumption of the risk, contributory negligence and/or comparative negligence.
23. To the extent that Plaintiffs did sustain injuries as alleged, which allegations are
specifically denied, then said injuries were caused by individuals other than answering
Defendant and over whom answering Defendant had no control and/or by circumstances beyond
answering Defendan's control.
24. Some or all of Plaintiff's claims may be barred by the applicable provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
25. Some or all of Plaintiffs' claims herein may be barred and/or substantially
reduced by the contributory negligence or comparative negligence of its agent, servant,
representative or employee, Harold Eugene Pryor.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
By: `
Harr M Munigal, Esquire
10176-947
VERIFICATION
1, Ryszard Glowinski, Defendant in the within action, state and aver that the facts set
forth in the foregoing Defendants' Answer to Plaintiffs' Complaint with New Matter are true and
correct to the best of my knowledge, information and belief. I understand that false statements
herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn
falsification to authorities.
Ryszard Glowinski
Dated: E,3 - 31 - o2W(:
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(610) 374-8377
(610) 376-3105 (Fax)
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
vs.
J. H. ROSE TRUCK LINES, INC.,
and RYSZARD GLOWINSKI,
Defendants
ATTORNEY FOR DEFENDANTS
RYSZARD GLOWINSKI
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION - LAW
No. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
1, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing
Defendant's Answer to Plaintiffs' Complaint with New Matter was mailed by United States first
class mail, postage prepaid upon the following party(ies):
Wade D. Manley, Esquire
Johnson DUffie Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne PA 17043-0109
Harry D. McM? un gal, Esquire
DATE: t/ /3/0(,
?? ,..1
Johnson, Duffie, Stewart & Weidner
By: John A. Statler, Esquire
I.D. No. 43812
Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jas@jdsw.com
Attorneys for Daily Express, Inc. and
Claremont Properties
DAILY EXPRESS, INC. and IN THE COURT OF COMMON PLEAS
CLAREMONT PROPERTIES, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. CIVIL ACTION -LAW
J. H. ROSE TRUCK LINES, INC. NO. 2002-4254 CIVIL TERM
and RYSZARD GLOWINSKI,
Defendants JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER
OF DEFENDANT RYSZARD GLOWINSKI
AND NOW, come the Plaintiffs, Daily Express, Inc. and Claremont Properties, by and
through their attorneys, Johnson, Duffie, Stewart & Weidner, P.C., and file the following Reply to
the New Matter of Defendant Ryszard Glowinski and in support thereof aver as follows:
20-25. Denied. The averments contained in these paragraphs are conclusions of law to
which no response is required. If a response is required, the averments contained in these
paragraphs are specifically denied and strict proof thereof is demanded at the time of trial.
WHEREFORE, the Plaintiffs specifically demand relief as sought for in their Complaint
against the Defendants.
JOHNSON, DUFFIE, STEWART & WEIDNER
John A. Statler, Es ire
Attorney I.D. No. 43812
Wade D. Manley, Esquire
Attorney I.D. No. 87244
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiffs Daily Express, Inc.
DATE: 411110b and Harold Eugene Pryor
:272977
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing Plaintiffs'
Reply to New Matter of Defendant Ryszard Glowinski upon all parties or counsel of record by
depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class
postage prepaid on the (t'_ day of April, 2006, addressed to the following:
Harry D. McMunigal, Esquire J. H. Rose Truck Lines, Inc.
Bingaman Hess 45 North Motel Boulevard
Treeview Corporate Center, Suite 100 Las Cruces, NM 88055
2 Meridian Boulevard
Wyomissing, PA 19610
J. H. Rose Truck Lines, Inc. J. H. Rose Truck Lines, Inc.
409 Pearl Street 505 Pearl Street
Houston, TX 77029-1309 Houston, TX 77029-1340
JOHNSON, DUFFIE, STEWART & WEIDNER
By:_ )tuk tl
John A. Statler, Esquffe
Attorney I.D. No. 438
Wade D. Manley, Esquire
Attorney I.D. No. 87244
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaitniffs Daily Express, Inc.
and Harold Eugene Pryor
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TERRY L. HOCKENSMITH and
DARLENE K. HOCKENSMITH,
Plaintiffs
vs.
J. H. ROSE TRUCK LINES, INC.,
RYSZARD GLOWINSKI, DAILY
EXPRESS, INC. and HAROLD
EUGENE PRYOR,
Defendants
DAILY EXPRESS, INC., and
CLAREMONT PROPERTIES,
Plaintiffs
vs.
J. H. ROSE TRUCK LINES, INC
and RYSZARD GLOWINSKI,
Defendants
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4089 CIVIL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-4254 CIVIL
IN RE: STATUS CONFERENCE
ORDER
AND NOW, this F" day of February, 2007, following status conference held with
Denis DiLoreto, Esquire, attorney for the plaintiffs; John Statler, Esquire, attorney for
defendants, Daily Express, Inc. and Harold Eugene Pryor; and Harry McMunigal, Esquire,
attorney for defendant, Ryszard Glowinski, it is ordered and directed as follows:
1. The trial of this case shall be bifurcated, the initial question to be submitted to the jury
being that of liability.
2. This case shall be consolidated, for trial, with the case of Daily Express, Inc. and
Claremont Properties v. J. H. Rose Truck Lines, Inc., and Ryszard Glowinski, No. 4254 Civil
2002.
17
3. A determination will be made, within thirty (30) days, as to whether Mr. McMunigal
will represent J. H. Rose Truck Lines, Inc. In the event that this issue is not resolved, the
plaintiffs may seek a default judgment.
4. All expert reports shall be exchanged and discovery shall otherwise be concluded by
July 1, 2007. Rebuttal expert reports shall be exchanged on or before August 1, 2007.
5. Counsel are attached for the purpose of the trial of this case on Monday, September
17, 2007, the matter to be listed for trial by counsel for the plaintiff, the court noting that the last
day for setting down causes for the September trial list is July 30, 2007.
Denis DiLoreto, Esquire
For the Plaintiffs
John A. Statler, Esquire
Harry McMunigal, Esquire
For the Defendants
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BY THE COURT,
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(610) 374-8377; (610) 376-3105 (Fax)
ATTORNEY FOR DEFENDANT
RYSZARD GLOWINSKI and
J.H. ROSE TRUCK LINES, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
V.
J. H. ROSE TRUCK LINES, INC.,
and RYSZARD GLOWINSKI,
Defendants
V.
HAROLD EUGENE PRYOR,
Additional Defendant
CIVIL ACTION - LAW
No. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Kindly enter my appearance as counsel for Defendant, J.H. Rose Truck Lines, Inc., with
offices located at Treeview Corporate Center, 2 Meridian Boulevard, Suite 100, Wyomissing, PA
19610, as the place within the County of Berks where papers, process and notices may be served.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
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H igal, Esquire
DATED: 3/-2/10 -7
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(610) 374-8377; (610) 376-3105 (Fax)
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
V.
J. H. ROSE TRUCK LINES, INC.,
and RYSZARD GLOWINSKI,
Defendants
V.
HAROLD EUGENE PRYOR,
Additional Defendant
ATTORNEY FOR DEFENDANT
RYSZARD GLOWINSKI and
J.H. ROSE TRUCK LINES, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
No. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
Kindly enter my appearance as counsel for Defendant, Ryszard Glowinski, with offices
located at Treeview Corporate Center, 2 Meridian Boulevard, Suite 100, Wyomissing, PA 19610, as
the place within the County of Berks where papers, process and notices may be served.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
'44 f
H D. c unigal, Esquire
DATED: 3 `° /4yj
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(610) 374-8377; (610) 376-3105 (Fax)
ATTORNEY FOR DEFENDANTS
RYSZARD GLOWINSKI and
J.H. ROSE TRUCK LINES, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
V.
J. H. ROSE TRUCK LINES, INC.,
and RYSZARD GLOWINSKI,
Defendants
: CIVIL ACTION - LAW
No. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM THE
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
HA D. MUNIGAL, ESQUIRE
DATE: 3 /,ff?a7
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(610) 374-8377; (610) 376-3105 (Fax)
ATTORNEY FOR DEFENDANTS
RYSZARD GLOWINSKI and
J.H. ROSE TRUCK LINES, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAILY EXPRESS, INC. and CIVIL ACTION - LAW
CLAREMONT PROPERTIES,
Plaintiffs :
v.
J. H. ROSE TRUCK LINES, INC.,
and RYSZARD GLOWINSKI,
Defendants
No. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER OF DEFENDANT J.H. ROSE TRUCK LINES, INC.
TO PLAINTIFFS' COMPLAINT WITH NEW MATTER
1. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph I
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
2. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 2
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
3. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 3
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
4. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph 4
of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if relevant,
is demanded at trial.
5. Denied. It is denied that answering Defendant J.H. Rose Truck Lines, Inc. is
presently a corporation with its principal place of business at the address stated. On the contrary,
and by way of further answer, it is averred that J.H. Rose Truck Lines, Inc. is no longer a viable
business entity in existence under the laws of any state or commonwealth.
6. It is admitted, upon information and belief, that at the time relevant to the incident
referenced herein, answering Defendant J.H. Rose Truck Lines, Inc. did do business and traded
within the Commonwealth of Pennsylvania.
7. Upon information and belief, this allegation is admitted.
8. Admitted in part and denied in part. Upon information and belief, it is admitted
that Defendant Glowinski was the owner at all times relevant herein of the tractor that is
referenced in this paragraph, but it is denied that Defendant Glowinski was the owner of the
trailer that the tractor was pulling at the referenced time herein. On the contrary and by way of
further answer, it is averred that answering Defendant was the owner of the trailer portion of the
tractor trailer referenced herein.
9. Denied. It is denied that Defendant Glowinski was acting at any time relevant
herein as an employee of answering Defendant. On the contrary and by way of further answer, it
is averred to the contrary that Defendant Glowinski was an independent contractor acting on
behalf of and in the scope of an agency relationship with answering Defendant herein, pursuant
to the terms of a lease agreement entered into between Defendant Glowinski and answering
Defendant.
10. Denied. After reasonable investigation, answering Defendant is without
information sufficient to form a belief as to the truth or accuracy of the averments of paragraph
10 of Plaintiffs' Complaint and the same are accordingly denied. Specific proof thereof, if
relevant, is demanded at trial.
11. The allegations of paragraph 11 are deemed denied pursuant to Pa.R.C.P. 1029.
12. It is admitted, upon information and belief, that Defendant Ryszard Glowinski
owned the referenced tractor on the date and at the time referenced in Plaintiffs' Complaint. It is
denied that Defendant Glowinski owned the trailer referenced herein. On the contrary and by
way of further answer, it is averred that answering Defendant was the owner of the trailer portion
of the tractor trailer referenced herein. It is further admitted that, at the time of the incident
referenced herein, answering Defendant J.H. Rose Truck Lines, Inc. was the lessee of the
referenced tractor that was owned by Defendant Ryszard Glowinski. It is denied that answering
Defendant was the lessee of the trailer portion of the referenced tractor trailer, as it is averred that
answering Defendant owned the trailer. It is denied that Defendant Glowinski was acting at any
time relevant herein as an employee of answering Defendant. On the contrary and by way of
further answer, it is averred to the contrary that Defendant Glowinski was an independent
contractor acting on behalf of and in the scope of an agency relationship with answering
Defendant herein, pursuant to the terms of a lease agreement entered into between Defendant
Glowinski and answering Defendant. The remaining allegations of paragraph 12 are deemed
denied pursuant to Pa.R.C.P. 1029.
13. The allegations of paragraph 13 are deemed denied pursuant to Pa.R.C.P. 1029.
14. Denied. The allegations of paragraph 14 constitute conclusions of law to which
no response is required. To the extent that responsive pleading is required, after reasonable
investigation, answering Defendant is without information sufficient to form a belief as to the
truth or accuracy of these allegations, and the same are accordingly denied. Specific proof
thereof, if relevant, is demanded at trial.
15. The allegations of paragraph 15 are deemed denied pursuant to Pa.R.C.P. 1029.
WHEREFORE, answering Defendant respectfully requests that Plaintiffs' Complaint be
dismissed with prejudice and costs.
COUNT I
16. Answering Defendant incorporates herein by reference as though fully set forth at
length paragraphs 1 through 15 of its Answer.
17. Denied. The allegations of paragraph 17 constitute conclusions of law to which
no response is required. To the extent that responsive pleading is required, it is denied that
Defendant Glowinski was acting at any time relevant herein as an employee of answering
Defendant. On the contrary and by way of further answer, it is averred to the contrary that
Defendant Glowinski was an independent contractor acting on behalf of and in the scope of an
agency relationship with answering Defendant herein, pursuant to the terms of a lease agreement
entered into between Defendant Glowinski and answering Defendant. The remaining allegations
of paragraph 17 are deemed denied pursuant to Pa.R.C.P. 1029.
WHEREFORE, answering Defendant respectfully requests that Plaintiffs' Complaint be
dismissed with prejudice and costs.
COUNT II
18. Answering Defendant incorporates herein by reference as though fully set forth at
length paragraphs 1 through 17 of its Answer.
19. Denied. The allegations of paragraph 19 constitute conclusions of law to which
no response is required. To the extent that responsive pleading is required, it is admitted, upon
information and belief, that Defendant Ryszard Glowinski owned the referenced tractor on the
date and at the time referenced in Plaintiffs' Complaint. It is denied that Defendant Glowinski
owned the trailer referenced herein. On the contrary and by way of further answer, it is averred
that answering Defendant was the owner of the trailer portion of the tractor trailer referenced
herein. It is further admitted that, at the time of the incident referenced herein, answering
Defendant J.H. Rose Truck Lines, Inc. was the lessee of the referenced tractor that was owned by
Defendant Ryszard Glowinski. It is denied that answering Defendant was the lessee of the trailer
portion of the referenced tractor trailer, as it is averred that answering Defendant owned the
trailer. It is denied that Defendant Glowinski was acting at any time relevant herein as an
employee of answering Defendant. On the contrary and by way of further answer, it is averred
to the contrary that Defendant Glowinski was an independent contractor acting on behalf of and
in the scope of an agency relationship with answering Defendant herein, pursuant to the terms of
a lease agreement entered into between Defendant Glowinski and answering Defendant. The
remaining allegations of paragraph 19 are deemed denied pursuant to Pa.R.C.P. 1029.
WHEREFORE, answering Defendant respectfully requests that Plaintiffs' Complaint be
dismissed with prejudice and costs.
NEW MATTER
20. Plaintiffs' Complaint fails to state a claim upon which relief may be granted.
21. Plaintiffs' claims, if any, may be barred by the applicable statute of limitations.
22. Plaintiffs' claims, if any, may be barred and/or substantially reduced by the
doctrines of assumption of the risk, contributory negligence and/or comparative negligence.
23. To the extent that Plaintiffs did sustain injuries as alleged, which allegations are
specifically denied, then said injuries were caused by individuals other than answering
Defendant and over whom answering Defendant had no control and/or by circumstances beyond
answering Defendant's control.
24. Some or all of Plaintiffs' claims may be barred by the applicable provisions of the
Pennsylvania Motor Vehicle Financial Responsibility Law.
25. Some or all of Plaintiffs` claims herein may be barred and/or substantially reduced
by the contributory negligence or comparative negligence of its agent, servant, representative or
employee, Harold Eugene Pryor, acting in the course of such agency or employment relationship
at the time of the accident at issue herein.
WHEREFORE, answering Defendant respectfully requests that Plaintiffs' Complaint be
dismissed with prejudice and costs.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
Harry c unigal, Esquire
Attorney Defendant J.H. Rose Truck Lines, Inc.
and Ryszard Glowinski
10176-947
VERIFICATION
The undersigned, being duly sworn according to law, deposes and says that he is counsel for
the party or parties indicated on the preceding page as being represented by said counsel, that he has
examined the pleadings and the entire investigative file made on behalf of said parties, that he is
taking this verification to assure compliance with the pertinent rules pertaining to timely filing of
pleadings and other documents described by said rules; and that the facts set forth in the foregoing
document are true and correct to the best of his knowledge, information and belief. The
undersigned understands that the statements therein are made subject to the penalties of 1S Pa. C.S.
Section 4904 relating to unsworn falsifications to authorities.
Harry ,Alunigal, Esquire
DATED: 31`z--107
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
BY: HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO. 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
(610) 374-8377; (610) 376-3105 (Fax)
ATTORNEY FOR DEFENDANTS
RYSZARD GLOWINSKI and
J.H. ROSE TRUCK LINES, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
V.
: CIVIL ACTION - LAW
: No. 2002-4254 CIVIL TERM
J. H. ROSE TRUCK LINES, INC.,
and RYSZARD GLOWINSKI,
Defendants
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
I, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing
Answer of Defendant J.H. Rose Truck Lines, Inc. to Plaintiffs' Complaint with New Matter was
mailed by United States first class mail, postage prepaid upon the following party(ies):
Wade D. Manley, Esquire
Johnson Duffie Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne PA 17043-0109
Denis M. DiLoreto, Esquire
DiLoreto, Consentino & Bolinger, P.C
330 Lincoln Way East
P.O. Box 866
Chambersburg, PA 17201
DATE: 31-, s-lv
John A. Statler, Esquire
Johnson Duffle Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne PA 17043-0109
Harry U. Mcyyfiigal, Esquire
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Johnson, Duffie, Stewart & Weidner
By: John A. Statler, Esquire
I. D. No. 43812
Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jas@jdsw.com
DAILY EXPRESS, INC. and
CLAREMONT PROPERTIES,
Plaintiffs
V.
J. H. ROSE TRUCK LINES, INC.
and RYSZARD GLOWINSKI,
Defendants
Attorneys for Daily Express, Inc. and
Claremont Properties
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 2002-4254 CIVIL TERM
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER
20-25. Denied. The averments contained in these paragraphs constitute conclusions of
law and fact to which no response is required. If it is deemed that a response is required, the
averments contained in these paragraphs are specifically denied and strict proof thereof is
demanded at the time of trial.
WHEREFORE, the Plaintiffs demand judgment as stated in their Complaint.
Date: 44(07
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By: Vvh/ ?
John A. Staler, Es uire
Attorney I. D- No $12
Wade D. Manley, s ire
11
Attorney I.D. No. 8 4
301 Market Street
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for the Plaintiffs
294883
CERTIFICATE OF SERVICE
AND NOW, this 'I 4,-- day of April, 2007, the undersigned does hereby certify that
she did this date serve a copy of the foregoing document upon the other parties of record by
causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
Denis M. DiLoreto, Esquire
DiLoreto, Cosentino & Bolinger, P.C.
330 Lincoln Way West
P. O. Box 866
Chambersburg, PA 17201
Harry D. McMunigal, Esquire
Bingaman & Hess
Treeview Corporate Center, Suite 100
2 Meridian Boulevard
Wyomissing, PA 19610
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
Car S. Jensen
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BINGAMAN, HESS, COBLENTZ & BELL, P.C.
HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO.: 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
ATTORNEYS FOR DEFENDANTS
J. H. ROSE TRUCK LINES, INC.
AND RYSZARD GLOWINSKI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. HOCKENSMITH AND
DARLENE K. HOCKENSMITH,
PLAINTIFFS
vs.
J. H. ROSE TRUCK LINES, INC.,
RYSZARD GLOWINSKI, DAILY EXPRESS, INC.,
AND HAROLD EUGENE PRYOR,
DEFENDANTS
DAILY EXPRESS, INC., and
CLAREMONT PROPERTIES,
PLAINTIFFS
VS.
J. H. ROSE TRUCK LINES, INC. and
RYSZARD GLOWINSKI,
DEFENDANTS
NO. 2002-4089 CIVIL
CIVIL ACTION - LAW
NO. 02-4254 CIVIL
CIVIL ACTION - LAW
MOTION OF DEFENDANTS J. H. ROSE TRUCK LINES, INC. AND
RYSZARD GLOWINSKI FOR TRIAL CONTINUANCE
1. The above-consolidated matters are listed for Trial before the Honorable Judge
Kevin A. Hess pursuant to his Status Conference Order of February 8, 2007, Trial to commence
on September 17, 2007.
2. Although undersigned counsel represents J. H. Rose Truck Lines, Inc. and
Ryszard Glowinski, contact and notifications have been limited to being forwarded to Mr.
P
Glowinski as J. H. Rose Truck Lines, Inc. ceased operations well before Judge Hess' February 8,
2007 Status Conference Order.
3. Defendant, Ryszard Glowinski notified undersigned counsel on August 13, 2007
that he would not attend Trial commencing on September 17, 2007, as he will be in Iwonicz
Zdroj, Poland from August 15, 2007, with a returning flight to the United States on September
19, 2007.
4. Defendant, Ryszard Glowinski advised undersigned counsel that he would be
receiving outpatient medical treatment from August 27, 2007 through September 15, 2007 for an
inj ury to his lumbar disc at L4-5.
5. Defendant, Ryszard Glowinski advised undersigned counsel that this is his second
year of physical therapy being undertaken in Poland, with the first round of physical therapy
being completed in April and May of 2006.
6. Defendant, Ryszard Glowinski advised undersigned counsel that the present 2007
medical treatment was scheduled in January 2007 of this year and that airline tickets were
purchased in March 2007 of this year.
7. Defendant, Ryszard Glowinski further advised that he was attending his parents'
50'x' wedding anniversary and family reunion in Poland on September 16, 2007.
8. Defendant, Ryszard Glowinski, advised undersigned counsel of this conflict on
August 13, 2007, after notification of the trial date in February of 2007.
9. Undersigned counsel believes that his defense in this matter will be substantially
prejudiced without the attendance and testimony of Defendant, Ryszard Glowinski through the
entirety of the subject trial.
10. For those reasons, undersigned counsel respectfully requests a continuance of the
subject Trial currently scheduled to commence on September 17, 2007.
11. Counsel for the Plaintiffs and Co-Defendants, Daily Express, Inc., Harold Eugene
Pryor and Claremont Properties do not concur with the subject request pursuant to Cumberland
County Local Rule 208.2(d).
WHEREFORE, undersigned counsel requests that the subject Trial be continued for the
reasons set forth in this Motion.
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
Harry unigal, Esquire
Attorney for Defendant J. H. Rose Truck Lines, Inc.
and Ryszard Glowinski
BINGAMAN, HESS, COBLENTZ & BELL, P.C.
HARRY D. MCMUNIGAL, ESQUIRE
IDENTIFICATION NO.: 38386
TREEVIEW CORPORATE CENTER
SUITE 100, 2 MERIDIAN BLVD.
WYOMISSING, PA 19610
ATTORNEYS FOR DEFENDANTS
J. H. ROSE TRUCK LINES, INC.
AND RYSZARD GLOWINSKI
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
TERRY L. HOCKENSMITH AND
DARLENE K. HOCKENSMITH,
PLAINTIFFS
VS.
J. H. ROSE TRUCK LINES, INC.,
RYSZARD GLOWINSKI, DAILY EXPRESS, INC.,
AND HAROLD EUGENE PRYOR,
DEFENDANTS
DAILY EXPRESS, INC., and
CLAREMONT PROPERTIES,
PLAINTIFFS
VS.
.I. H. ROSE TRUCK LINES, INC. and
RYSZARD GLOWINSKI,
DEFENDANTS
NO. 2002-4089 CIVIL
CIVIL ACTION - LAW
: NO. 02-4254 CIVIL
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
1, Harry D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing
Motion of Defendants J. H. Rose Truck Lines, Inc. and Ryszard Glowinski for Trial Continuance
was mailed by United States first class mail, postage prepaid upon the following party(ies):
Denis M. DiLoreto, Esquire
DiLoreto, Consentino & Bolinger, P.C.
330 Lincoln Way East
P.O. Box 866
Chambersburg, PA 17201
John A. Statler, Esquire
Johnson Duffle Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne PA 17043-0109
DATE: *-/ `e- /0?
?-c
Harry t?unigal, Esquire
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TERRY L. HOCKENSMITH and IN THE COURT OF COMMON PLEAS OF
DARLENE K. HOCKENSMITH, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
vs. NO. 02-4089 CIVIL
J. H. ROSE TRUCK LINES, INC.,
RYSZARD GLOWINSKI, DAILY
EXPRESS, INC. and HAROLD
EUGENE PRYOR,
Defendants
DAILY EXPRESS, INC., and IN THE COURT OF COMMON PLEAS OF
CLAREMONT PROPERTIES, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION - LAW
vs. NO. 02-4254 CIVIL
J. H. ROSE TRUCK LINES, INC.
and RYSZARD GLOWINSKI,
Defendants
IN RE: PRETRIAL CONFERENCE
Present at a pretrial conference held August 29, 2007, were Denis DiLoreto, Esquire,
attorney for the plaintiff; Harry McMunigal, Esquire, attorney for J. H. Rose Truck Lines, Inc.;
and John Statler, Esquire, attorney for Daily Express.
This case arises out of a motor vehicle collision that occurred on September 20, 2000, on
Interstate 81 near Carlisle. A Volkswagen Beetle, driven by the plaintiff, had entered a
construction zone. Plaintiff was then struck by a vehicle driven by Harold Pryor for Daily
Express. It is the position of Daily Express that the collision was caused by another tractor
trailer, owned by J. H. Rose Truck Lines, Inc., and driven by Ryszard Glowinski which collided
with the rear of the Daily Express tractor trailer. The trial of this case has been bifurcated with
the initial issue being limited to the liability of the parties.
The plaintiff has filed five motions in limine along with briefs in support thereof. The
motions in limine were briefly discussed at the pretrial conference. The parties may file briefs
with respect to any or all of these motions during the week prior to trial. Defense counsel
indicated that they, also, may be filing pretrial motions and will file same so as not to delay
matters.
Counsel indicated that, in the meantime, they would attempt to stipulate with regard to
certain exhibits.
The trial of this case is expected to commence on Monday, September 24, 2007, and
should be of no more than four days' duration. Each side will exercise four peremptory
challenges.
August 29, 2007
Denis DiLoreto, Esquire
For the Plaintiff
Harry McMunigal, Esquire
For Defendant J. H. Rose Trucking Lines, Inc.
John Statler, Esquire
For Defendant Daily Express, Inc.
Court Administrator
rlm
Johnson, Duffle, Stewart & Weidner
By: John A. Statler, Esquire
I.D. No. 43812
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
jas@jdsw.com
Attorneys for Plaintiffs
DAILY EXPRESS, INC. and
CI.AREMONT PROPERTIES,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V.
NO. 2002-4254 CIVIL TERM
J. H. ROSE TRUCK LINES, INC. and
RYSZARD GLOWINSKI, : JURY TRIAL DEMANDED
Defendants
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please mark the above-captioned action discontinued and ended with prejudice on the
docket.
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
By:
John A. Statler, Esquire
Attorney I.D. No. 43812
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
DATE: WIf /0 7 Attorneys for Plaintiffs
310674
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