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Home My WebLink About97-02025 )1 ~\.. i , '3 , o I ~ I ~ I I ! I , I I I , I I I '" > J ~ lA " \. .(: V) ""fi o Lf ~ "2 It . - \j ( ~ ~ - ,:) - .'-.) 111 ~ () 1, , / t- O-, , ~I '. ~'." -""'c.., "'~, \ , t"g"..d6~ ~ ~.Itf'_.~ 6ainG Hut duly swurn, '"ol<oS uoLh Lhot ho ls ovor 21 yoor~ of ogo, lIat 0 party or oUornoy to thl. suIt and that ho ls 0 c1Hzon of tho StaLo uC /P'HH Tho wiLhill SUII.llulln C01l10 Lo IlOlId bll thls ..s-rA- cloy oC - - ...) ~ -. , 19--"Ll, from the occico of tho ': '. C.A~/."J/~ ~H"'-' . Cuur!.;, Plitt .. -441 8..1...\:811 btlll!......1 e...uIIL" 'fgL,llUI881, anti was oxecuted os cOlllllonded by reading tho salllo to C4 ...-,'"3, ....cr,,~.w ~ , at the deCal1dollt' s pillct! of business or ronldellce, located at ,;1:1<1 ~'>U.llr., ~-4j~7t.;g:.k , - /J"H';;'. I at '1t-'/,r-:(~~~P';!!"i~n ,the .:s-~ day oC ...- J ''^~. - 19 ';7 1 alld woe furU;st..executed by " r " I~"'l . leavIng II trUe and oxact copy of tho adgillai ~ulrmolls ill thls case. ~ ..' ':<5A~ 4:t:E~, ~-- ...... .l.....h....itt A F FlU ^ _ 1 T --------- STATE OF - I EN oN' . COUtHY OF . of' u-/// U d ~V STATE Of --- t' P,LC~ . courrry OF c5 e.; r/ ~ Sworn to alld sub ~dbed beCore IlIe, the Ulldai:siglled, 0 Publlc (, and C r the Stllte and county aforullld, thls . 1-ry"/' .; '..t;... .'.";.hlf..-M,. " :1. ...., .l~ . . I. N:~t dllY of 'J i 1<-<'/ /; Ily Conlllls 011 ExpIres, I I'. . .! , i I I I I. .' F \J-"lLEl:>~.v^TAflLE\(lEN(XX'97\ NWlM"" 1'.n1b ('rAlN O4IlYl109,,)OAM R.MHdM).'9111l600A"t "UI GIANT FOOD STORES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CHRIS BROWN, FIFTH THIRD LEASING and AIR-RIDE, INC. Defendants CIVIL ACTION-LAW NO. 1997-2025 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED AFFIDA VIT OF RF.TIJRN OF SF.RVICF. BY MAIL On Aprill7, 1997, I mailed a true copy of the Complaint by certified mail, return receipt requested, to Defendants, Fifth Third Leasing, and Air-ride, Inc. at their addresses. The return receipts were signed upon delivery and the receipts, attached hereto as Exhibit "An, were returned by the post office on April 22, 1997. I make these statements pursuant to 18 Pa. Cons. Stat. !l 4904 relating to unsworn falsification to authorities and understand that false statements may subject me to criminal penalties under that statute. By George B. Faller, Jr., Esquire J.D. Number 49813 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 7,1997 I , I f\J'ILF.l:>~JIATAFlLE\l1ENtXX'lf7\"'41C1l(,{IM I (',ealtll 0.\'2h"l1041101PM RMMd 04'11f'l101'1000PJ,1 GIANT FOOD STORES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,I'ENNSYLVANIA v. CIVIL ACTION-LAW NO. 1997 - ;;JOJ-S CIVIL TERM CHRIS BROWN, FIFTH THIRD LEASING and AIR-RIDE, INC. Defendants JURY TRIAL OF TWELVE 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 Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed ill the Complaint or for any other claim or relief requested by the Plaintiffs. 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 A 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 Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 MARTSON, DEARDORFF, WILLIAMS & OTTO By Geo ge B. al er, Jr., Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Giant Food Stores, Inc. Date: April 17, 1997 ... ..........-......t " GIANT FOOD STORES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CHRIS BROWN, FIFTH THIRD LEASING and AIR-RIDE, INC. Defendants CIVIL ACTION-LAW NO. 1997 -~S- CIVIL TERM JURY TRIAL OF TWELVE DEMANDED COMPI.AINT I. The Plaintiff Giant Food Stores, Inc. is a Delaware Corporation with offices at Shady Lane, Carlisle, Pennsylvania ] 70 13. 2. The Defendant Chris Brown is an adult individual located at 279 Fair Road, Blountville, Tennessee 376] 7. 3. The Defendant Fifth Third Leasing is a business entity with an address at I] 900 Sager Road, Swanton, Ohio 43558. 4. The Defendant Air-ride, Inc. is a corporation with an address at 11900 Sager Road, Swanton, Ohio 43558. 5. On or about November 18, 1996, a trailer owned or under the control of the Plaintiff Giant Food Stores, Inc. was being pulled on Route 81 North in between Exit 16 and Exit 17. 6. On that date and time, as the trailer of the Plaintiff Giant Foods was proceeding lawfully in the right lane, a tractor trailer operated by the Defendant Chris Brown and owned and/or controlled by the remaining Defendants attempted to pass in the left hand north bound lane. 7. At that date and time, Chris Brown lost control of his trailer and the trailer crossed the dotted white center line and struck the Plaintiff's trailer. 8. At no time did the Plaintiff's trailer cross the center line of the highway; all of the contact occurred in the right hand north bound lane. 9. As a direct result of the accident, Plaintiff's trailer was damaged in the amount of $3,505.20 ( A copy of the estimate for repair is hereby attached as Exhibit "A"). ! , I I I I I , ' ~f 10. As a result of the need for repairs to the trailcr, the trailer was unavailable for use. ( A copy of thc actual rcpair bill is hcrcby attached as Exhibit "B"). Thc trailer was out of service and as a rcsult of that, Plaintiff had to obtain a substitutc trailcr at a cost of$43.75 per day for a total loss $1,225.16. II. Aftcr the accidcnt, thc Defcndant drivcr Chris Brown was obscrved to be filling in his driver's logs which are rcquircd to bc filled out contcmporancously by federal law. 12. It is believed and thereforc avcrred that Dcfcndant Chris Brown may have driven hours in violation of thosc allowed by fcderallaw and that lack of sleep may have or was a cause of this accident. WHEREFORE, Plaintiff demands judgment against the Defcndants in the amount less than $25,000.00 plus interest costs, attorneys fees and dclay damages. COlJNTI GIANT FOOD STORES. INC v CHRIS BROWN 13. The averments of paragraphs I through 12 are hereby incorporated by reference. 14. The accident in question occurred solcly as a result of the negligence, recklessness and carelessness of the Defendant Chris Brown in that he: a.) failed to keep his vehicle under proper and adequate control; b.) failed to operate his vchiclc within the Icft hand passing lane of travel; c.) failed to opcratc his vehiclc in a manner such that he avoided striking the Plaintiff's vchicle; d.) failed to exercisc rcasonable carc in the operation and control of his vehicle such that hc was unable to avoid striking thc Plaintiff's vehicle. 15. As a dircct and approximate result ofthc Defendant's negligcnce, Plaintiff incurred thc aforementioned damagcs. WHEREFORE, Plaintiff dcmands judgmcnt in against the Defendants in an amount less than $25,000.00 plus intcrcst costs, attorneys fees and delay damages. COlJNT II GIANT FOOD STORES. INC v. FIFTH THIRD I.EASING and AIR-RIDE. INC 16. The avermcnts of paragraphs 1 through 16 are hereby incorporated by reference. Exhibit A I I II I ~. UTiliTY/KEYSTONE TRAilER SALES, INC. INV~~~ll.,'\!~-96 ............~ (!jffJJJJ' -~. .............~-':.... '.....,.. INVP~~~R14 1550 Commerce Drive. P.O. Box 4454 Lancaster, PA 17604-4454 717-569.1416 . FAX: 717.569.2735 CU~191:!'!JlJNO. JI~NT FOOD STORES GI~NT FOOD STORES SOLD TO SHIP TO F' 0 BOX 249 CARLISLE PA 170t3-0249 p 0 80X 21.9 C~~LISLE PA 17013-021.9 TERMS: NET 10TH PROX. __ .....__....__,. ....~'..~.._ ~'.'''' .,..e._ ,.-"_,, .....,.._._..... ',_ ,.....,.. ......... PAGE . +B~CH . . ~ '" "" ..., '. ~'. - ._..__0._.._..._....., ....... ...--....... -....., ........' \...._ ..,.I" !J.'" ,'-.. ..'-, L';ll 10 '-'- _.- nr, Ul.hJI VV'.' -..-., . ........."..... ~. IT: G=3(I') YEAR: 9': MO::S/WliJEL: UTILI iV Se~IQL: tUYVS2483TM869203 MILEAGE: G~~~n! 10 013 Ot Re~LACE SInE SHEETS O~ TRAILER ~~~~rR L.~ SIDE F'ER ~5T ~54l6 ,~ ~;..: .:J ')oa 1/4'1. 1 USS CAr:' SSi=:2:W _ ::,'i 8:)1)42 t/4" USS NUT 2 _ 3-600t-100 t5 COR. PPW PANEL WT 3-25~)-41 TOP FRT. CLOSURE I.;; ;?\-.5 :;'::)-1 '.19 2(1l)t)R GT AMBERL I TE t ~T 66900 MARKER HARNESS a ~~ !:)-e'.X1SD 5~L~ DRILLING SCREW :=3(, '!' 2-7; 1 ;-02 3/16Xl/2 PH RIVET 443/!...Eo !OO ~- 2-7106-33 1/4X9/t6 MBH RIVET 274/LB tt)(l ~J7 :2-'i"t~)6-21 3/t6Xl/2 8M RIvET ~43/:_5 27'!-0924 :/4X3/1. MON080LT ~:::?~ 211 ~As~:!r;G TA~~ ....::~::..:...'I;:.ll 1'~;::7. Z'_== , ':).:: U~'~TH~:'J~ SI::,c.!~~:"JT ~ I:'" . 1_ / 2.::.: :"'1:;;;;':' :-11_'(''>. 20l)(Jr\ (J.13EA (. . :)5EA 121.90EA 2.60EA 9.52EA 3.15EA (1. t8EA O.04EA O.05EA 0.03EA ').35EA 7.90EA 2.25SCa - ..,.'I ::"~':"~ OJVLON ROLU::t~ -If.t:'EATUR;::. GR.!\Y PRIMER ALUM. SILICONE SEALANT URgTHANg FOA:~ 50ARD/FT ~ISC PARTS SALES (SHOP) (RF.:F: 1361.9 . "'0) M! sr. Sl IBTO;" ~l:_ F'ARTS SU8TOT,~I. ~AB,J~: SUBTClT.:'\;., H OF;'; 5U8TOTAI_ 6.26E~ O.66EA 1..30EA 2.25EA 2.66EA 3.84EA L .60EA -=(..) .....-. Q(:) :.;=' ~~:) ,"'S 7::;~A .:. 3.:';: i~.4:51 DEe 2 0 1996 ~ g 8 Per1cd ( Inv. Date Id,./B-qlo Vendor:: IJ.. 5lo4- Due Date Invcica tI ,a400t.\:. Voucher R/C 860 Acct. OCl40 S .3G,'l0, q~'" ~i1:\' "1 I) 11-11. R/C Acct. $ .' CI ;'u. RlC Acct. $ RlC Acct $ Voucher Total $ 3IoQ.3,Q3 Control App. ;.~: .'r . .='~;T.~i : I..A8':~:;' : JTH=...~ : ~ ~ ~ ;< 3 ~ Prep. By foU.Aa lJ .. . :!~:;.;...;:: :. ,:'~ ;' '." ~'.,\ 2':'-? (I;; Exhib' "" ....., __... - '"'-' - -...,... - - ~ ,Joe __. ,....... ............-.......... ~ .-..., - ..,..-......................,......... --..,.. ---''' -... ....-......... ....= '~_""f_.......__..._.....,.t-..-.. __I.. ~.--...-.,....__--""" ('.73 (J.31) 243.8(' 2,61) 8.52 3.15 :. .44 t4.(I0 5.1)l) 3.(1:) 1.0:5 7,90 2.23 81.38 7.92 5.20 2.25 2.66 3.84 321),0(1 483.0') 483.00 7t7,(I1+ 2284.3:" 348".8':' 717. '.,,- 228:'. ,3:;, 483.,"0 .3692..';'.: VERIFICATION TIMOTHY REARDON, who is Vicc Presidcnt-Risk Managcment and Support Scrviccs of Giant Food Stores, Inc. and acknowlcdgcs that he has thc authority to cxccutc this Vcrification in bchalf of Giant Food Stores, Inc. certifies that thc foregoing Complaint is bas cd upon information which has been gathered by my counsel in thc prcparation ofthc lawsuit. Thc language of this Complaint is that of counsel and not my own. I havc rcad thc documcnt and to thc cxtcnt that the Complaint is based upon information which I havc givcn to my counscl, it is truc and corrcct to thc best of my knowledgc, information and bclief. To thc cxtcnt that the content or the Complaint is that of counsel, I have relied upon counsel in making this Vcrification. This statement and Verification arc madc subjcct to the penalties of 18 Pa. C.S. Scction 4904 relating to unsworn falsification to authorities, which providcs that if I makc knowingly false averments, I may be subjcct to criminal penalties. fIfILESDATAFlLMEN[)OC'lli\N4lalCOM 1 LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN & OAL Y BY: Christopher F. Costello, Esquire Attornev 1.0. ND. 66461 The Curti. Center, Suite 620 Welnut Street at 7th Street Phlladelphle. PA 19106 (2161928-4666 PHB404 ATTORNEY FOR: Defendant. Air-Ride, Inc., Fifth Third Leasing and Chris Brown VS. ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) NO. 1997-2025 ) ) JURY TRIAL DEMANDED ) ) ) ) GIANT FOOD STORES, INC., CHRIS BROWN, FIFTH THIRD LEASING and AIR-RIDE, INC. ENTRY OF ~PPEARANCE AND DEMAND FOR JURY TRIAL TO THE PROTHONOTARY: Please enter my appearance on behalf of defendants, Air-Ride, Inc., Fifth Third Leasing and Chris Brown. ! I Defendants hereby demand trial by pury of twelve. B" "Ill CHRIST~HER\~COSTELLO, ESQUIRE Co .D F} ~~ -J ., ,:.:: ., "Vl-; ..:> :i:n r.1(": .~ . ,- z'.,' - ..~ rrl . I. ~~ )C:J iJ;. .~ . 1 ':> ~;.t) '.1' -, ...\ " --'j ~:~ i~~~ i~;:C) r:~ (j\11 , (. :;.,! ~ :.<1 ::" ....., .0::- ;< /', " oj :To l.r.....-( "I,i/. ______~__ .,.. . I. p- Ya') 0'" I'. - ..... -.--. . . ~I ',-., '" ,I ...,; I, "., 1. , C"..I.~"~.~/.A)..:.().::/ . J,' .J II"" 1.....- jI' ,. t.J " '... -' ~ .. r,' .'_ ,.(\.:..~ _I" ., "(',"'. ':II tH':n'~.1 ,'L:,' or, . . \ . ......'.J - t.:I-.d <J~"ln...t you. Dy . -I " if T i ~ I LAW OFFICES OF CAMPBELL, O'KEEFE, NOLAN & DALY BY: Christopher F. costello, Esquire Attorney 1.0. lIlo. 66461 The Curtis Center, Suite 620 Walnut Street at 7th Street Philadelphia. PA 19106 (2161 928-4666 PH8404 ATTORNEY FOR: Dafendant. Air-Ride, Inc., Fifth Third Leasing and chris Brown vs. ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY ) ) NO. 1997-2025 ) ) JURY TRIAL DEMANDED ) ) ) ) GIANT FOOD STORES, INC., CHRIS BROWN, FIFTH THIRD LEASING and AIR-RIDE, INC. ANSWER OF DEFENDANTS CHRIS BROWN. AIR-RIDE. INC. AND FIFTH THIRD LEASING WITH NEW HATTER TO PLAINTIFF'S COMPLAINT ANSWER 1. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 2-4. Admitted. 5. Admi tted. 6. Admitted in part, denied in part. It is admitted only that, on or about November 18, 1996, a tractor trailer operated by the Defendant, Chris Brown and owned by Air-Ride, Inc. was travelling north in the left-hand lane at the time of the incident described in Plaintiff's complaint. The remaining averments of paragraph 6 are denied. 7. Denied. To the contrary, the Plaintiff's tractor- trailer drifted into the left lane, striking the Air-Ride vehicle being driven by Chris Brown. 8. Denied. 9-10. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. 11. Denied. The allegations of this paragraph contain I I .. , .. f I conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed factual they are specifically denied and strict proof is demanded at trial. As further pleading, Answering Defendants are unable to answer the averments of this paragraph as they cannot speak to what some unidentified person "observed". 12. Denied. It is specifically denied that lack of sleep on the part of Chris Brown was a cause of this accident. Answering Defendants deny that they were negligent, careless, or unreasonable as alleged. On the contrary, Defendant Chris Brown operated his vehicle in a reasonable manner at all times relative to this accident. The remaining averments of this paragraph are conclusion of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual - 2 - they are specificallY denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants demand judgment in their favor and against plaintiff. COUNT ONE 13. The averments of Paragraphs 1-12 of the within Answer are incorporated herein by reference as they are fully set forth at length. 14. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. Further denied, in that answering defendants acted properly and with due care at all times relevant to this action. Answering defendants specificallY deny that they were careless, reckless or negligent in any manner alleged. 15. Denied. After reasonable investigation, answering defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations made in this paragraph. These allegations are therefore denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff. - 3 - ,~ COUNT TWO 16. The averments of paragraphs 1 through 15 of the within answer are incorporated herein by references a fully set forth at length. 17. Denied as stated. On November 18, 1996, Chris Brown was employed by Air-Ride, Inc. 18. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. 19. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. However, if any of these allegations are deemed to be factual they are specifically denied and strict proof thereof is demanded at time of trial. Answering defendants acted properly and with due care at all times relevant to this action. Answering defendants specifically deny that they were careless, reckless or negligent in any manner alleged. WHEREFORE, Defendants demand judgment in their favor and against Plaintiff. l - 4 - NEW MATTER 20. Any recovery in this action is limited or barred under the provisions of the Pennsylvania Comparative Negligence Act. 21. The negligence of the plaintiff was a substantial factor in bringing about the accident and injury alleged and this negligence operates to bar or limit the damages asserted. 22. The plaintiff had notice and knowledge of the conditions alleged to have caused the accident and did knowingly, and willfully, encounter these conditions and did assume any risk of injury that could arise. The claim of plaintiff is barred by the assumption of risk. 23. Recovery in this action is limited and controlled by the Pennsylvania Motor Vehicle Financial Responsibility Law, which is incorporated by reference. 24. Answering Defendant Fifth Third Leasing did not maintain or control the vehicle in question and had no duty to Plaintiff. 25. Plaintiff's cause of action against answering defendants is barred by any other defense and/or affirmative defense that may become apparent during discovery or at the time of trial. 26. Plaintiff has failed to state a claim upon which relief can be granted. - 5 - WHEREFORE, Defendants demand judgment in their favor and against Plaintiff. , I ...1 CAMPBELr,O'KEEFE, NOLAN & DALY BY, .~~. L CHRISTOPffER F. COSTELLO, ESQUIRE Attorney for Defendants, Air-Ride, Inc. , Fifth Third Leasing and Chris Brown ~ - 6 - (") ..7) () f'; -.J ~.., " ... n.,., ...~ :, 11 ' " '- . -. '~..r"l ",;.. . ,'") ,) f~ >-1'_) ., ", 'n - {:! 'I 0' , j ~-. C; !'oJ 0 " J..... - ~.,; :~~ :~ '='1 :iJ "" .~- -< ~. .. . C....LL<-,( )J'J~1'-L'''-' ,( 7, GIANT FOOD STORES, INC., Plaintiff I:; mE CL'MBER j',.-..-,; h b.A~ ~.Lf,:...v 0.4/"....""'j v. t I /JvI/.v 6. I'M.J<.. NO ,199 .,j "-j'~"'JlJ rr CHRIS BRGIN, FIFTH THIRD LEASING and AIR-RIDE, INC. Defendants ,&, .4f,.l12d. 0.<> ~~ . : ~1~,,( ''SiI'~Lr /) v M/ .L RULE 1312-1. The Petition for Appointment of Arbi in the following form: PETITION FOR APPOINTlIENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire , counsel for the plaintiff~d!i!ftdaftE in the above action tWEx.eziGftsi. respectfully represents that: 1. The above-captioned action XGlx<<etxamsk is ~K~* at issue. 2. The claim of the plaintiff in the action is $25,000.00 The counterclaim of the defendant in the action is The following attorneys are interested in wise disqualified to sit as arbitrators: Melvin R. Shuster, Esquire the case(s) as counselor are other- George B. Faller, Jr., Esquire, WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Esquire ORDER OF corRT A.'lD NOW, ]),f-CErYJ!;t/?. jJ., ,1997, in consideration of the foregoing petition, S dWA,?cl L . Sc/UJ/2/? Esq., L, 'N J'sfl V j). gf),1 (ui/ Esq'l and l/l..NAI,'/tlC --'1Jl,'!C./1I1V!IJ ,Esq., ~re appointed arbitrators in the above-captioned action (or actions) as prayed for. " fIJ-1LIiS,lJATAflLt."\lJENtXx.."97\7'94Q(OF.R.1 e'Ated IWIll.'9109 ~ IflAM R.MMd 11<111197 1004 11 AM ""'I'I CERTIFICATE OF SERVICE , , I, Denise L. Nye, an authorized agent of Marts on, Deardorff, Williams & Otto, hereby certifY that a copy of the foregoing Petition For Appointmcnt of Arbitrators was served this date by dcpositing same in the Post Office at Carlisle, I' A, first class mail, postagc prepaid, addressed as follows: I I MAR"[SON, DEARDORFF, WILLIAMS & OTTO Melvin R. Shuster, Esquirc CAMPBELL, O'KEEFE, NOLAN & DALY The Curtis Centcr Suite 620 - South Lobby Walnut Street At 7th Street Philadelphia, I' A 19106 Fifth Third Leasing 11900 Sager Road Swanton, OH 43558 Mr. Chris Brown 279 Fair Road Blountville, TN 376]7 By f.; ~/zw€J cA. )Lff=- Denise L. Nye Ten East High Street Carlisle, PA 17013 (717) 243-3341 (' Dated: November 7, 1997 I . .... i I 'i ~ ~ ~ (") \.l') ?, ~. ~ C ....., " =r: :oJ :tiii 0 -Ii:!) ~ rill'. : ,~ ~ ;-~:-:-I "hi \ ::-~ t - I v.. '. ....., ;J~ ~ -t!:: ,) ~ !:-: l~ ~~-i ~;;;c-, "'tJ :'-I::U 1 ~~ "':::: ~'Jh ;;() ~ :5nl ~ {~ % :.n 5;! =< 10 ~ ..., V. CHRIS BROWN, FIFTH THIRD LEASING, and AIR-RIDE, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 97-2025 CIVIL TERM GIANT FOOD STORES, INC. ORDER OF COURT AND NOW. January 7, 1998, the Court having been Informed that the above case was settled and discontinued by praecipe on December 4, 1997, and the Order of Court appointing the Board of Arbitrators was docketed on December 12, 1997, but never distributed, the December 12 Order appointing the Board of Arbitrators Is hereby vacated. By the Court, P.J. George B. Faller, Jr., Esquire ._ ~~1 ("<{':y"l Ihlq'il. For the Plaintiff ..J :fl. ,,-, ~; ,. .; JltwtJ(YJ~, q)e{Mt{j<Y}t1t 11{'I/,~{/JJlj &. r!J'tlo WilLIAM F. MARl'iON JOliN II. FOWLLK, III lJANILL K. Dr.AIUlORn TIIOMASJ. WU.t.lAMS. IvoV.Onll,III STlI'JIl.N l.. HI.DOM GltlRGI: n. I:Al.l.fR, JR,. MICII^,L J. HANfT W. DARRIN POWU.L THOMAS G. COI.I.lNS CARl. C. HISCII Tnu'llo~[ (7171243.3341 ! I ~ I ^ I'RlllB\IOS.\L (.(IRI'(HI."II(I~ A'ITOIlNEVS AND COllNSEU OilS AI" lAW TEN EAST H";II STIlEET CAIlUSI.E, PFNNSYIV,\NIA 17013 ~^CSIMH.r (717) 243.1850 January 6, 1998 INHRNt:T mdwll@mdwu,cnlTl 'UnARI) Cum IUJ Cl\'ll TRIAL SrlClAtn r Honorable Gcorgc E. Hoffer Cumbcrland County Courthousc Hanovcr and High Streets Carlislc, PA 17013 RE: Giant Food Stores, Inc. v. Chris Brown, Fifth Third Lcasing and Air-ride, Inc. No. 1997-2025-Civil Tcrm-Cumberland County C.C.P. Our Filc No. 7948.8 Dcar Judgc HotTer: Our ollice reprcscnts Plaintiff in the above referenced action and wc had tiled a Petition for Appointment of Arbitrators on Novcmbcr 7, 1997 wherein Attorncy Ed Schorpp was appointed as the Chairman. Please be advised that this mattcr has been settled and a Praccipe indicating samc was filcd on Deccmber 4, 1997. Thercforc, an arbitration hcaring need not be scheduled; howcver, Attorney Schorpp should bc paid lor his appointment as Chairman. Thank you. Very truly yours, MAlVfSON, DE DORFF, WILLIAMS & OTTO 4~~c;, GBF/las cc: Edward L. Schorpp, Esquire I IIlISIl.\l.\IIU (il'I1"<J~7',~\~(jlll INFOllMATlllN. AnVICE. AOVOCACY'" F\H1,f.!."llIATAI'IU:\l.IIiNIXX'911NWlPRA 1 ('ruIN 11/G4~111110'AM Ilnuc,II}.104.'911111I,OAM ..... ....; GIANT FOOD STORES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. " ,I CHRIS BROWN, FIFTH THIRD LEASING and AIR-RIDE, INC. Defendants CIVIL ACTION-LAW NO. 1997-2025 CIVIL TERM JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned casc settled and discontinued and issuc a certificate reflecting same. , " By Gcorge B. Faller, Jr., Esquire 1.0. Number 49813 Ten East High Strcet Carlisle, I' A 17013 (717) 243-3341 Attorneys for Plaintiff Date: December 4, 1997 "1' ' I CERTIFICATE OF SERVICE r , I I, Nicholc L. Myers, an authorized agent of Martson, Deardorff, Williams & Otto, hereby certify that a copy of the forcgoing Praecipe was served this date by dcpositing same in the Post Office at Carlisle, I' A, first class mail, postage prepaid, addressed as follows: r: Christopher F. Costello, Esquire CAMPBELL, O'KEEFE, NOLAN & DALY The Curtis Center Suite 620 - South Lobby Walnut Street At 7th Strect Philadelphia, PA 19106 ~ MARTSON, DEARDORFF, WILLIAMS & OTTO By . ){;Ji~ Y1. /L/ifw Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 4, 1997