HomeMy WebLinkAbout00-05331
po-
FARRELL BLACK t/dlb/a
BLACK'S DETACHABLE TRUCK
SYSTEMS,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: CIVIL
: NO. /)-0. 533/ ~-d T..v-
WAYNE ADAMS, SKIP COLE, and
PAK-MOR MANUFACTURING
COMPANY,
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the Complaint, or for any other
claim or relief requested by the plaintiff. You may lose money or property or other 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
, -,
^
,-,-,
'-,-
NOTlCIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de 1a fecha de 1a
demanda y 1a 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 a las 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 DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI
NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICION, V AYA EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR
ASISTENCIA LEGAL.
Cwnberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
FARRELL BLACK tldlb/a
BLACK'S DETACHABLE TRUCK
SYSTEMS,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: CIVIL
CHJ- 5'33/ ~ '.P.-<-
: NO.
WAYNE ADAMS, SKIP COLE, and
P AK-MOR MANUFACTURING
COMPANY,
Defendants
COMPLAINT
NOW COMES, Plaintiff, through his attorneys, Reager, Adler & Cognetti, PC, and makes
his Complaint as follows:
1. Plaintiff is Farrell Black, trading and doing business as Black's Detachable Truck
Systems, with a business address at 300 Mulberry Drive, Mechanicsburg, Peoosylvania 17055 and
a mailing address at 106 East Cumberland Road, Enola, Peoosylvania 17025-2509.
2. Defendant, Wayne Adams, is an adult individual with an address at 2443 Sunset
Lane, York, Peoosylvania 17404.
3 Defendant, Skip Cole, is an adult individual with an address at 13905 Pagehurst
Terrace, Midlothian, Virginia 23113.
4. Defendant, Pak-Mor Manufacturing Company, is a corporation with an address
at 1123 S.E. Military Drive, San Antonio, Texas 78214.
5. Plaintiff is in the business of the installation and repair of hook lift hydraulic systems
and garbage packer bodies.
6. On or about May of 1999, Plaintiff received an order from his customer, James
Sheesley, for a rear load packer. James Sheesley understood that Plaintiff was not an authorized
-~-- -"~ ~ .., ,-'
factory distributor for Pak-Mor and that Plaintiff would be purchasing the packer from a distributor
and reselling it to him. A copy of the proposal that was accepted by Sheesley is attached hereto as
Exhibit "A".
7. On or about July 21, 1999, Plaintiff placed the order for the Pak-Morrear load packer
with Zaremba Equipment pursuant to the purchase order attached hereto and marked as Exhibit "B".
This purchase order is for a Pak-Mor Rl16B 16 cubic yard rear load packer and accessories.
8. Plaintiff had placed previous orders with Zaremba Equipment as well as another
Pak-Mor distributor, Hacker's Packers. Those orders had been accepted and the goods had been
delivered to Plaintiff in the normal course of business.
9. The July 21, 1999, order was accepted by Zaremba Equipment and Plaintiff was
given a date when the packer would be delivered to him.
10. On August 9,1999, Defendant, Skip Cole, the eastern factory representative for
Defendant, Pak-Mor Manufacturing Company, and Defendant, Wayne Adams, a local distributor for
Pak-Mor Manufacturing Company, came to Plaintiff's shop location at 300 Mulberry Drive,
Mechanicsburg, Pennsylvania and stated to Plaintiff that "we don't like what went on".
11. This statement was in reference to the ordering and purchase of the rear load Pak.
Mor packer from Zaremba Equipment in Michigan.
12. Plaintiff purchased the Pak-Mor rear load packer from Zaremba Equipment in
Michigan for the reason that Defendant, Wayne Adams, the local distributor, quoted a price that was
approximately $3,000.00 more than what Plaintiff could secure the rear load packer for from
Zaremba Equipment. In addition, Plaintiff called Hacker's Packers to request a quote and the owner
there refused to quote or sell a packer to him because Skip Cole had told him that he was not allowed
to sell to him and he had to buy from Wayne Adams.
2
13. Subsequently, Plaintiff was again contacted by the Defendant, Wayne Adams, and
was told that "Skip assured me that he would not allow you to get that Packer unless you buy it
through me."
14. The new truck chassis that Plaintiff's customer, Jim Sheesley, had purchased was
delivered to Plaintiff in anticipation of the receipt of the Pak-Mor Packer, with that delivery
occurring on September 7, 1999. Following the cancellation of the transaction with Plaintiff, that
chassis was taken from Plaintiffs shop on November 9,1999.
15. After conversations between Farrell Black and Zaremba Equipment, an agent and/or
employee of Zaremba Equipment contacted Plaintiff and said that the transaction was still okay and
that the rear load packer would be ready for delivery on October 10, 1999.
16. On or about Monday, September 27, 1999, Plaintiff received a phone call from his
customer's wife, Mrs. James Sheesley.
17. She indicated that Wayne Adams and Skip Cole were coming to their place of
business on September 29,1999.
18. Upon information and belief, Wayne Adams and Skip Cole informed Jim Sheesley
that he had to purchase the Pak-Mor rear load packer from Wayne Adams.
19. Jim Sheesley then informed Plaintiff that he had to deal with Defendant, Wayne
Adams, in order to secure the Pak-Mor rear load packer.
20. On or about September 30,1999, Pak-Mor canceled the order from Zaremba for
the packer to be sold to Plaintiff. A copy of the cancellation notice is attached hereto as Exhibit "B".
21. On or about September 30,1999, counsel for Plaintiff forwarded the letter
attached hereto as Exhibit "COO to Defendants. Counsel received no response to said letter.
3
~, , - I ~ " ,
<<'" -.-,^", ,.
22. Plaintiff had an actual and prospective contractual relationship with his customer,
Jim Sheesley and with Zaremba.
23. Upon information and belief Skip Cole and Wayne Adams acted in concert and with
the Jrnowledge of Defendant, Pak-Mor Manufacturing Company, in requiring Jim Sheesley to
purchase the packer from Wayne Adams. Said actions were with the intent and purpose of harming
the Plaintiff by preventing the contract from happening between Plaintiff and Jim Sheesley and
Plaintiff and Zaremba Equipment Company.
24. The actions of Defendants in interfering with the business relationship of Plaintiff
and Jim Sheesley and Plaintiff and Zaremba Equipment Company were without any privilege or
justification.
25. As a result of the conduct of Defendants, Plaintiff suffered damages in the amount
of $30,630.00 pursuant to the statement attached hereto as Exhibit "D".
26. Defendant's actions were malicious, willful, and intended to harm Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendants individually and jointly in
the amount of $30,630.00 together with punitive damages and interest and costs herein.
Respectfully submitted,
DATED: 1/J g/tJP
RE~R~C
Linus E. Fenic1e, Esquire
Attorney J.D. No. 20944
233 I Market Street
Camp Hill, PAl 70 11
(717) 763-1383
Attorneys for Plaintiff
4
i
i
"''-'V"
",~ ~
~ ^ f,
.
VERIFICATION
I, FARRELL BLACK, hereby verify that the averments of the foregoing Complaint are true
and correct to my personal knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to
authorities.
DATE: '71;;l~..\CSO
~~-<~~
FARRELL BLACK
~-'~'- .;,~,"-"" ~"L'-.~,,;~-,"-" ,-, ~ -0',.-1
. .
n-_ ," "
~;
Received: 6/21/ 0 10:05;
717 766 3117 -> REAGER ADLER & COGNETTI
Page 4
JUN-21-200D 1DlD2 AM BLACK'S DETACHABLE tRUK
B1ack'lDettdaWe'.hck1JPl1lll
t06 B. ,...,....'-1...... ..
EIloll,. PA 1'19'4._
717 766 3117
P,D4
5-18-99
~;;:~TO:
.' . Sheesley Disposal
162 Cousins Dr.
P.O. 80x 234
Millersburg, PA 17061
, .,.:',.. '\'1'."':'::;"'i-. ]:~".: :::-'; ~.'" 'I " . ',;:.....)"\':.r..~~'~",'f" ' ,- -.~:7!
W:I11ctobe PerformfId at:
300 Mulberry Dr.
MechanIcsburg, PA 17055
./M:,,~~;:;:t.~:::'*..
(See 1 d S "S"~ t)' ,:~:),~:.\"....:,,,,
. . . ene ose '. pe~;.l"'~.,.. '... .,. .... .....:....
. ". ......1'<...
All taxes, registration and' tit! i ~gl'ees 'to be 'paid when securing tags;
-'1
:::~1
. .,'(
1
Pak-Mar R116, 16 Cubic Yard Rearload'Packer
OptIons: .
12,000 Ib overhead winch
Hopper'Worklights
Air-operated PTO, close-mount pump
Paint: .
$32,495'.00
1
Less Trade of 1993 Ford wi Pak-Mor Packer
Total
($14,000.00)
$56,495.00
PA Sales Tax not listed above
$ 3,389.70
S/gna1Ltf9:
@ --"--.-.
Date
Signature: .
S/{Jt)atu!e:
.,.
.-..--.... ......."....- ~t
~ L.Z5811 -1".~:'
'.,l.
-
07/22/1999 09:51
JUL-21-1999 \ 1:23 Al1
61654632..
BLACK'S
ZAREMA EQUIP
DETACHABLE TRUK 717 766 4363
r"
I
PAGE 01
P. 02
PURCHASE ORDER
BllIe1nnew.."..ble 'lfttIk ~
106 B. CunlberWld Road .
Ellola, PJ\ 1102S-2SO?
No. 2053
TO" . .~,..-.
. ,.,._,___.~.~!~~'.~J~~n~.~_.,
Post Box 6, a804 kwy'M-3Z
.. I;. :~' " : ;;. r' . .
:, .c :~~l.!Q!lItriPj,~:'.YD,..-.:.~~.."...,
'"
,.'
"
. .
"n ..~....., "~W''''''''' ..,
...._v.M. ..............___.._....H...__.....-......~_....._. ___ nM .. H .._, _ ~__,_
............... ..... ...-.........--.- .-..--.
-.......-.--'---."-...--...--.- "-"'-'-
Elmira. M1
49730
-
'(~ <~"t -2': ~~~ <: '~.'; :.0 ,Pt$M1d i ~J3,e. r : ;,
. ~l.enWOl:)d .Ji!K9, , :'0 Cal... " "san Iiritonto'~ TX
L, ' ,>.
,
Pak.MQrRI1611 16 Cu. Yd',~!~~ll)a.~",~,~c:~er ___....____.. ._.__....,.../2~~'.":..~
.. ......,,,. '.N._. .... . H N".". ". .' ,............ ,
Option . 111653 Plumb for winch Sf''' Ie
_.. ... _. ,~.....;.,. .n. .., .... ...~,..~~.'.......M._ ......... , .. ...._... _. ._...~ ... ""M ".."", ..." __..__......._. '.'" -,. ~ ....--_...,...'~, ,,,. .......~...." ,.--..... ....~_.,..... ....~. ......
. . ,
111670 Lost ~Uon DevIce J'G,-o [ISO
~..." .'h,,- .._......._........ ..........-......... '" ....".. ........ ...................--....-.......,-.....-.. .--.-....--......'.......-....--..'......r......
. . ,
___.:.._.. .......J~~,?~,.._ .~\'mp ., ."'_._n........'..,..,._....". .. ..,.,,_......~.'(6':;6Cl,1
,
... .........,..... ......__.._...._...... .... _... .. _.._,....., ,,_1}..~_.!9.~.
,
J _:...~~?~5.._~~1~~:. .~..l~.........,C~.n..~.':lr.i._~~~~. or:J~:.!~!~._. __.___,. /.1--~~1~.
I
,
I
,.~.~..".. ........ ..........".... ...,.....~'...'... ........ -....-.......... ........ow'......... -_.....,.....~....... ,n'. ,." "'" ...,.t. ..-~
. ....' ?:14.~I!"fr(lt:'! , . ......, '" "'. ., ....:,...,",...;?,~~~_jqo,.
.. . .. / J.: 7.:~..
....t......-. ....
._..!.~!..~.~,.~.?~IJ.'!~ ..~l~:.s.,....,..
'."',"..
.... " ........... "."1" '''.. .... .... ... ."
, ,........,...,.,.,.,..IN..',,"':.~
. . . ,
~~.._ ....... " ..._~..,",..:..~....,....c....~... .............'.. ...._.....;.
'. ..~"'~I'.k.~~<:t:.~d, .~...~;..,..:b!..k.. ..,.;:, .:..
rC!./!",E~~7.'.": -..........
....... ......" .... ... ..- ". .. '. '.
. .." ".~~ .. .... ." ~~ 'Y' ..,,~..' "'''' .,.. .
, . .~
.. .
.., !:.
..-..............,.. .:..,...... .....j....... .......-.
.", ,".
'Uloll~ ll~NO' COPIES 01' ...oUR INVOICS.
Otdor '" to bo _ 1/0..<' -_...._ pdeoo:. nNlldly.._ _1fIo__ _. . ~
iJcIlly ... ~y II )<>U'" ....bIO ~I' M!p ~ """" by ""'.IflI'dIIfId, ..
8"" 'h d '-
00 ...~' . Pure ase Or er
~f' -_.~.
J,lJrwo"rllc IIY
''>-'
.-~ f'--
,""
Rece1ved: 10/ 1/99 7:26;
717 jaB 4363 _> R~~GeR & ADLER. ATTNVS;
-
Page 2
OCT-DI-1989 D8~28 AM BLACK'S DETACHABLE'TRUK 717 766 4383
P.D2
. .a~t~a'~~=~ ~~.~.
..u......~ ......
--,.- ...-....
S~p~30-gg 071~~
P.tU
t____-J
,IU1C.t. .\I:ILI,."A'I DPIVJ:.r.O. MJ' )..'..,..0.....".'.,6. TP.:'IM ,1II'''-WU(tIUU''':411'''fIt'j;1'1- "'U:' '2'R,11!flt IIIlrc
o/lt>~" - g~
, 7'f;: ~'R IIMftW
./ ff/tJl/)..: (OM., S#//Jff~
"1'(} CIJ,v"I?M~ ~ PIkJ./! awrJE!?Simf)l./ ()'~
'1~/t;~ /)Jf.tJj)U 81! ~J!!1f/~JM7 CjUR t.)eM;eo;;
fdrz Ci') ~!I(PhJ~(0R.a7.$" Rf~ Un, !Jt.U,c &iY&"s.
'Sl~l,
!
it.,: ~-II.1~'/)
WMI":. 'Il'UM: Mwu;n .onIPUl"R"f''''HV_tlV14'~~1
4. .__,
.. c--"_' ~~__~".~_"7. V~_,~'I_,-..__"__._ ~,,_,_, ~,_ __7'ohCc7'''!,~ _,",,~__ _'___""",,,-,'_'.
" ", ~ --" ", .r
Purchase price of new
Additional Cost
packer from Zaremba.
Freight
Mounting, Assembly
Total Cost
Expected Profit to BDTS
Sale Price Agreed to by Sheesley
Cost of Traded Truck, from'Sheesley Proposal
Resale Price Traded Truck(See Hacker's Quote)
Profit rrom Resale of Traded Truck
22,765.00
1,000.00
1,600.00
($25,365.00)";
32.495.00
$7.130.00
($14,000.00)
$37,500.00
$23,500.00
. This puts the total lost revenue from Pak-Mor's interference
at $30,630.00.
~"'''8'l
t r"
,.r
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-05331 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BLACK FARRELL ET AL
VS
ADAMS WAYNE ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
ADAMS WAYNE
but was unable to locate Him
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On Auqust
23rd , 2000 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. York Co
18.00
9.00
10.00
23.90
.00
60.90
08/23/2000
REAGER, ADLER
~. ---'
~
. Thomas Kline
Sheriff of Cumberland County
& COGNETTI
Sworn and subscribed to before me
21J1nJ
CJr.
day of ~,..r
A.D.
this 30!!:;
Q. '1vc. qo, oJ ^ ~.
Prothonotary'
:iIT
,ell
"1
I:
.
t
COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
28 EAST MARKET ST, YORK, PA 17401
.
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
,..........,i'.'.'INSl:ROCTIONS ' ..".......,.......
;,;:;i;l;i'i~~:"'PE'P,..I.Y'UN~:f-to...i~::), '
""'''iDO')itPt.DEtACH ANy Qj;)PIES, . ,".
1, PLAINTIFF/SI
Farrell Black,
et.al.
2. COURT NUMBEA
20-5331 Civil
4. TYPE OF WRIT OR COMPLAINT
Notice & Complaint
3. DEFENDANT/SI
Wayne Adams, at. a1.
SERVE { 5. NAME OF INDIVlDUAl COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
~ Wayne Adams
..".. 8. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE
AT 2443 Sunset Lane, York, PA 17404
7. INDICATE SERVICE: 0 PERSONAL Q PERSON IN CHARGE .X::l DEPUr[zECum~RIr,~O 0 1ST CLASS MAIL
NOW 8/2/00 ,20 I, SHERIFF OF l\I0P(~COUNTY, PA,
York - COUNTY to execute thO .
to law. This deputation being made at the request and risk of the plaintiff,
.'
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
OUT OF COUNTY
CUMBERLAND
ADVANCE FEE PAID BY XftX CUMBERIJ\ND COUNTY SHERIFF
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sherJff levykig1..lpan:9f at!iching-any property undei;Within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destructlon, or removal at any property before sheriff's sale thereof.
9. TYPE NAME AND ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
LINUS E. FENICLE, ESQ.
2331 MARKET ST. CAMP HILL, PA 17011 (717) 763-1383 7/31/00
12. SEND NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND COUNTY SHERIFF
SPACE BELOW FOR USE OF'rHE SHERIFF . DO NOTWRITE..BE.LOW.THIS LINE
13. I acknowledge receipt of the writ 14. DATE RECEIVED 15, Expiration/Hearing Date
occomplaintas indicated abc,e. J. LUDWIG 8/3/00 8/30/00
16. HOW SERVED: PERSONAL { )
RESIDENCE
POSTED [ )
POE( )
SHER[FF'S OFF [ )
OTHER (
SEE REMARKS
17. 0 I hereby certify and return a NOT FOUND because I am unable to [ocate the individual, company, etc.. named above. (See remarks below.)
22. REMARKS
~
42. day of
AUGUST
;20 00 43.
44. Signature of ______
Dep. Sheriff -/ ~
45. Signature of York
ounty Sheriff
WIILIAM M. HOSE
46. Signature of Foreign
Count Sheriff
\ RN SIGNATURE
~
47.DAT
;?' /<:.{; aa
46. DATE
8/16/00
41. AFFIRMED and subscribed to before me this. '
NotariarSeaJ
J~s V. Vangrean~' Notary Public
50, I [
o
49. DATE
51. DATE RECEIVED
1. WHITE -Issuing Authority 2. PINK-AttorneY _ 3.;CAN~AY - Sheriff's Office 4. BLUE - Sheriff's Office
,,'~'!Oti:d,:i"i'.L'ii<~'"'_':"'"
,'-:<"';i,'U.'1!"'f';"
.1';1",," ,.,.I!l!!III.!J I
- ,- \~!:":!('h'i'(""- '" :;'--'!" -j .cc~:,'i' --'~-, j-,._~i',B'!-i\llfjid~9'1iil1:;:i',-'i;":jfl~~_~~J,lj~.~i~-hii'fu.~_m41~!ilIW.&t.,l!~~!Wg-_'o,ji1("IIf_~~',,',' ,,~_"~,iji!,~,;'!!!Gi - , n-t-
"\~t.CE.\\!I:.D" '. q:
,~~\;\CE Or sHEI\"
vi oV 1'1>.
~O'i,\,"\,
'c. uC'(
'3 ~\'\ JJ IC)
. QO \111()
,,'\,
~
.
COUNTY OF YORK
OFFICE OF THE SHERIFF
SERVICE CALL
(717) 771-9601
il
28 EAST MARKET ST, YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
2. COURT NUMBER
20- :~_,3J c.'
4. TYPE OF WRIT OR COMPLAINT
1. PLA1NTlFFIS/
L (1 L L f: '
C";:~' 1'-. f 2. "i.l.!
3. DEFENDANT/Sf
wavne Adams, ?[~ a:
hO'C'i.::i-: ,;~ _i_
SERVE {'
.. 6. AD~~~ls~~~RE~do~~~ WITH BOX NUMBER, APT NO., C1TY, BORO, IWP., STATE AND ZIP CODE
AT -~443 ~;lL~S8L L,O.nE~, Yo.rk, ::,\ 1-;4CL:
7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE )0 DEPUTIZS:'UTIi:n:E:fiT;OMil.1!J 0 1ST CLASS MAIL 0 POSTED 0 OTHER
NOW 8,1.? / 0 () , 20 I, SHERIFF OF *~I'{~ COUNTY, PA, do hereby deputize the sheriff of
YorK - 'COUN,TY to'execute this Writ and make return thereof according
to law, This deputation being made at the request and risk of the plaintiff,
5. NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
SHERIFF OFhrOAWCOUNTY
8. SPE:CIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
OUT OF (',' :~"j ;.I.'Y
Cm1BEPLt '.
ADVANCE FEE PAID BY X~ COl'JBERLi\ND COUNTY SHERIFF
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy' sheriff levying upon or attaChing any property under within writ may leave same
without a watchman, in custody of whomever is found in possession, after notifying 'person of levy or attachment, without liability on-the part of such deputy_ or the sheriff to any plaintiff
herein for any loss, d~struction; or removal of any property before sheriff's sale ther~of.
9. TYPE NAME AND ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
LI~NUS E~ i?ENIC:LE, f5Q~
\"117\
;v.
C'UI'1BERLAND COUNTY SHERIFF
. :!$H".~"Q:~'ft;~
13. I acknowleClge receipt of the writ
or complaint as Indicated above.
3 ~ LUV;'/iG
SEE REMARKS
Int.
23. AClvance Costs
.'H' _.,:'
, tJ '.~ ~ -.)\j
40. Cost Due or Refund
PROTHO f NOTARY
44. Signature of
Dep. Sheriff
45. Signature of York
County Sheriff
47. DATE
41. AF=FIRMED and subscribed to before me this
42. da.y of
.' . ", ~ "
'.,,-"
,20~43.
48. DATE
46. Signature of Foreign
Count Sheriff
50. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE
1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office
49. DATE
51. DATE RECEIVED
ROB A, KRUG
ATTO"NEV AT LAW
PO. BOX 11111
153 E. CANAL ST.
DOVER. PENNSYLVANIA 173115
"'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA.
FARRELL BLACK t/dlb/a
BLACK'S DETACHABLE TRUCK .
SYSTEMS,
NO. 00-5331
Plaintiff
qVIL
vs.
WAYNE ADAMS, SKIP COLE and
PAK-MOR MANUFACTURING
COMPANY,
Defendant
ANSWER TO PLAINTIFF'S COMPLAINT.
AND NOW comes the Defendant, WAYNE ADAMS, hereinafter referred to as
"Defendant ADAMS"; and files this Answer to the Plaintiffs Complaint as follows:
1. Admitted,
2. Admitted.
3, Admitted.
4. Admitted.
5. Admitted.
6. Denied. The averments contained in paragraph 60fPhiintifFs Complaint ~e
strictly within the control of the Plaintiff and, as such, are denied by Defendant ADAMS
and strict proof thereofis demanded at trial, if relevant
ROB A, KRUG
ATTORNEY AT LAW
P.O. BOX 15e
153 E. CANAl. ST.
DOVER. PlNNSVLVANI'" 1 73115
7. Denied, The averments contained in paragraph 7 of Plaintiff's Complaint are
strictly within the control oftlieP1aintiffand, as such, are denied by Defendant ADAMS
and strict proof thereof is demanded at trial, if relevant.
8. Denied. The averments contained in paragraph 8ofPlailrtiff'sComplaint a{e
strictly within the control of the Plaintiff and, as such, are denied by Defendant ADAMS
and strict proof thereof is demanded at trial, if relevant.
9. Denied. The averments contained in paragraph 9 of Plaintiff's Complaint are
strictly within the control of the' Plaintiff alid, as such, .aredenied by Defendant ADAMS
and strict proof thereof is demanded at trial, if relevant.
10. Admitted in part and denied in part. It isadmittedthat Skip Cole and ~yne
Adams were at the Plaintiff's shop location at 300 Mulberry Drive, Mechanicsburg,
Pennsylvania, on or about August 9, 1999: The remaining averments contained in
paragraph 10 of Plaintiffs Complaint are specifically denied and strict proof thereof is
demanded at trial, if relevant. By way of further response, it is averred that Defendavt
ADAMS was at the Plaintiff's shop location in his normal course of business and there
was nothing unusual about his visiting the Plaihtiff atthat place and time.
11. Denied. After reasonable investigation, Defendant ADAMS is without
knowledge or information sufficient to form a belief as to the truth of the averments
contained in paragraph I I of Plaintiff's Complaint and strict proof thereof is demanded at
trial, if relevant.
ROB A, KRUG
ATTORNEY AT LAW
P.O. 80)( 'S!!
'6310. CANAL ST.
DOVER. PENNSYLVANIA 1731e
'i,I!'
--'f"
12. Denied. After reasonable investigation, Defendant ADAMS is without
knowledge or information sufficient to form a beliefasto the'truth of'theaverments
contained in paragraph 12 of Plaintiff's Complaint and strict proof thereof is demanded at
trial, if relevant. By way of further answer, it is averred that DefendantADAMS nt'jver
quoted a price to the Plaintiff for the rear load packer as stated in Plaintiff's Complaint,
13. Denied. After reasonable investigation, Defendant ADAMS is with~t
knowledge or information sufficient to form a belief as to the truth of the averments
contained in paragraph 13 of Plaintiff's Complaint and strict prooftliefeofis del11lUlde4 at
trial, if relevant. By way of further answer, it is averred that Defendant ADAMS had no
conversations with the Plaintiff inthis matter subsequent to their eontacton Au~st 9,
1999.
14. Denied. The inforination contained in paragraph 14 ofPlaintiW s ComI11aint
is completely within the control of the Plaintiff and is therefore denied by Defendant
ADAMS and strict proofthereofis demanded at trial, ifretevant.
IS, Denied. After reasonable investigation, Defendant ADAMS is without
knowledge or information sufficient to form a belief asto the truth oftfie averments
contained in paragraph IS of Plaintiff's Complaint and strict proof thereof is demanded at
trial, if relevant.
16. Denied. After reasonable investigation, Defendant ADAMS iswith<4t
knowledge or information sufficient to form a belief as to the truth of the averments
contained in paragraph 16 ofPlaintiWs Complaint and strict proof thereof is deritandecrat
-,-,~ >'"--,, ~", ~
.",- ,
.-'"
. ,'.1'
ROB A. KRUG
ATTORNEY AT LAW
P.O. BOX 11115
153 E. CANAL ST.
DOVEIl. PENNSYl.VANIA 113tll
''')7''l ,,__".
<." ."L."
I:
I
trial, if relevant. By way of further answer, it is averred that Defendant ADAMS never
quoted a price to the Plaintiffforthe rear"load packeras stated in Plclintiff's'Com~laint.
17. Denied. After reasonable investigation, Defendant ADAMS is without
knowledge or inforination sufficient to forin a belief as to the'truth of the averments
contained in paragraph 17 of Plaintiff' s Complaint and strict proof thereof is demanded at
trial, ifrelevant.
18. Demed. After reasonable iilvestigation,Defendant ADAMS is witlidl./t
knowledge or information sufficient to form a belief as to the truth of the averments
contained in paragraph 18 ofPlaintiWs Complaint and strict proof thereof is aemandfd at
trial, if relevant. By way of further answer, it is averred that Defendant ADAMS never
informed Jim Sheesley that he was required to purchase the Pak-Mor'rear loader flom
Defendant ADAMS.
19. Denied. After reasonable investigation, Defendant ADAMS is withopt
knowledge or information sufficient to form a belief as to the truth of the averments
contained in paragraph 19 ofPhiiiltiff'sComplaint'and strict proof thereof is deman~d at
trial, if relevant. By way of further answer, it is believed and therefore averred that Jim
Sheesley informed Plaintiff that he had to deal with Defendarit ADAMS in ord\lr to
secure the Pak-Mor rear load packer together with a warranty for said equipment.
Plaintiff was unable to give a warranty to Jim Sheesley for'said rear load packe~.
20. Denied. After reasonable investigation, Defendant ADAMS is without
knowledge or inforimitionsufficient to form a beliefas to the truth of the averments
.,
H
. ~,'m ~ -. c.: ,~,
,,~ "~~
""-
ROB A, KRUG
ATTOANEY AT LAW
P.O. BOX 156
f53E. C....NAt.ST.
DOVER, PENNSVLVANIA 173tl5
'W
II
contained in paragraph 20 of Plaintiff's Complaint and strict proof thereof is demanded at
trial, if relevant. By way of further answer, it is averred thatthecanceUation nl\ltice
speaks for itself.
21. Denied. After reasonable investigation, DeferidantADAMSis witnovt
knowledge or information sufficient to form a belief as to the truth of the averments
contained iri paragraph 21 ofPlaiirtiff's Complaint and strict prooftlieieofis demamjed at
trial, if relevant.
22, Admitted.
23. It is specifically denied that Defendant ADAMS actedinconcert willi an)\one
in requiring Jim Sheesley to purchase the rear load packer from Defendant ADAMS and
strict proof thereof is demanded attria1; if relevant. With regardtothe remaining
averments contained in paragraph 23, after reasonable investigation, Defendant ADAMS
is without knowledge or infoflnation sufficieirt to form a belief as to the truth of tile.,
averments contained in paragraph 23 of Plaintiff's Complaint and strict proof thereof is
demanded at trial, if rele,!ant.
24. The averments contained in paragraph 24 are conclusions at law an? no
response is required.
25. Denied. Afterreasonable investigation, Defendant ADAMSiswithol,lt
knowledge or information sufficient to form a belief as to the truth of the averments
contained in paragraph 25 of Plaintiff's Complaint and strict proofthereofis demanqed at
trial, if relevant.
. 'm,<4"
~ .f
ROB A, KRUG
ATTORNEY AT LAW
P.O. BOX 1515
113E. C....N...L ST.
DOVEIII, PENNSVLVANIA 1731 !I
'''1'._
II
;<
,
26. The averments contained in paragraph 26 are conclusions at law and no
response is required.
WHEREFORE, Defendant ADAMSdemandsjudgrillint againstPlain~and
prays this Honorable Court to dismiss Plaintiff's Complaint.
Respectfully submitted,
~~
Attorney for Defendant ADAMS
53Ea& Canal-~reet
DoverPA 17315
AttyI.D: # 25T23' .
II
"", ,~, ~ .-
'c -.'-
.
ROB A. KRUG
AtTOANEY AT LAW
P.O. 80X 155
53 Ii. CANAL ST.
DOVER. PENNSYLVANIA 173111
'.-,
VERIFICATION
I do hereby verify that the facts set forth in the foregoing Answer to Plaintiff's
Complaint are true and correct to the best of my knowledge, information and belief: 140
understand that any false statements contained herein are subject to unsworn falsification
to autho~ties.
tJ~~
I
I.
I:
'.'.',-.-
.~ -.' -,~- ~
'-"- -
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKERLLP
BY: M. Douglas Eisler, Esquire Attorney for Defendants
Identification No. 37011 Skip Cole and Pak-Mor Manufacturing Co.
The Curtis Center. Suite 1130 East
Independence Square West
Philadelphia, PA 19106
(215) 627-6900
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
CIVIL
FARRELL BLACK tld/b/a BLACK'S
DETACHABLE TRUCK SYSTEMS
WAYNE ADAMS, SKIP COLE, and PAK-MOR
MANUFACTURING COMPANY
NO. 00-5331 CIVIL TERM
ENlRY OF APPEARANCE AND DEMAND FOR JURY TRIAL
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendants, Skip Cole and Pak-Mor Manufacturing
Co., in the above-captioned matter.
The defendants, by and through their undersigned attorneys, hereby demand a trial by jury in the
above matter.
Respectfully submitted,
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By: 'rn .
M. Douglas
Attorney for fendants
Skip Cole and Pak-Mor Manufacturing Co.
47052,1
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST. INDEPENDENCE SQUARE WEST . PHILADELPHIA, PA 19106
PHONE: (2151627-<>900. FAX: (2151627-2665
'''''''''''''''~''''!_
. -
j
1
I
1
1
"
1
I
1
JJRU'~_tl".~
,,,
o
c:::
~
~!~f;
(,"., ~"~
-<:'::'
:::::c::
:>:0
2C
::See
~
c>
o
Cj
;:',
--I
(~)
'1""-;
I
(',I
:~lJ
~-..)
:0.
-'"
C)
-~-- .:r:"
f5jc.~'
:j;!
~
-<
~}
1::J
r"
...,_,~~il'Vli'-~W!'<'-l'm~~ml!:l'fW~~~;ftM,",~,';p~;rj",,~&!\Mi'!-j'ii1;;I'$l,'&.~!if<t!iA~1Ml1Ijl~~~"~
Wn..sON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
BY: M. Douglas Eisler, Esquire Attorney for Defendants
Identification No. 37011 Skip Cole and Pak-Mor Manufacturing Co,
The Curtis Center. Suite 1130 East
Independence Square West
Philadelphia, PA 19106
(215) 627-6900
FARRELL BLACK t/d/b/a BLACK'S
DETACHABLE TRUCK SYSTEMS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
CIVIL
WAYNE ADAMS, SKIP COLE, andPAK-MOR
MANUFACTURING COMPANY
NO. 00-5331 CIVIL TERM
ANSWER AND NEW MATTER OF DEFENDANTS,
SKIP COLE AND PAK-MORMANUFACTURING CO.
NOW COME defendants, Skip Cole and Pak-Mor Manufacturing Co., by and through their
attorneys, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, and answer plaintiffs complaint as follows:
1. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
47053.1
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST . INDEPENDENCE SQUARE WEST . PHILADELPHIA, PA 19106
PHONE: (215) 627.{l900' FAX:. (215) 627-2665
'<'''''''''l'''~-'r
,'I
--
, ~ ~
1
2. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
3. Admitted.
4. Admitted.
5. Denied, After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of tria I if deemed relevant.
6, Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant. By way of further answer, it is
denied that Exhibit "A!' is a copy of the proposal that was supposedly accepted by Sheesley because there
is no signature from Sheesley indicating that this proposal was in fact accepted,
7. Denied, After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
8. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
47053.1
- 2-
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST. INDEPENDENCE SQUARE WEST . PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
'"!'i'l''1'''!<'jiI!''' ~'" ....
.
I' ,,"t"'~
9. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
10. Denied, After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
11. Denied, After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
12. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
13. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
14. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
IS. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
-3-
47053.1
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-e900' FAX: (215) 627-2665
~;:n~~,
"----
, ~~,-....--...
16. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
17, Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
18. Denied, After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
19. Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant.
20. Denied, After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proof thereof is demanded at time of trial if deemed relevant. By way of further answer,
Exhibit "B" is not a "cancellation notice," The order was never accepted by answering defendants.
21, Denied. After reasonable investigation, answering defendants are without knowledge or
information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph
and strict proofthereofis demanded at time of trial if deemed relevant. By way of further answer, it is
denied that Exhibit "C" is a September 3 0, 1999 letter from plaintiff's counsel to answering defendants,
- 4-
47053.1
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST . INDEPENDENCE SQUARE WEST . PHILADELPHIA, PA 19106
PHONE: (215) 627-8900. FAX: 12151627-2665
'~:ilW'iI',,",,~~
.
.
22. Denied. The averments contained in this paragraph constitute conclusions oflaw to which no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that
an answer to the averments contained in this paragraph is deemed necessary, it is denied that plaintiff had
an actual and prospective contractual relationship with his alleged customer, Jim Sheesley, and with
Zaremba,
23. Denied. The averments contained in this paragraph constitute conclusions oflaw to which no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that
an answer to the averments contained in this paragraph is deemed necessary, it is denied that defendant
Skip Cole acted in concert with defendant Wayne Adams and with the knowledge of defendant Pak-Mor
Manufacturing Company in requiring Jim Sheesley to purchase the packer from Wayne Adams.
24. Denied. The averments contained in this paragraph constitute conclusions oflaw to which no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure, To the extent that
an answer is deemed necessary, defendants in no way interfered with the alleged business relationship of
plaintiff and Jim Sheesley, and plaintiff and Zaremba Equipment Company, without any privilege or
justification,
25, Denied. The averments contained in this paragraph constitute conclusions oflaw to which no
responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent that
an answer is deemed necessary, it is denied that plaintiff suffered damages in any amount as a result of the
conduct of answering defendants, Furthermore, the statement attached to the complaint as Exhibit "D" is
unsubstantiated, self-serving and inaccurate.
26, Denied. The averments contained in this paragraph constitute conclusions oflaw to which no
47053.1
responsive pleading is required pursuant to the Pennsylvania Rules of Civil Procedure. Strict proof thereof
- 5-
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST' INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900' FAX: (215) 627-2665
.""""'N'~_"'~~ ".
""""~~ ~~rr
~~~
"" ..~~~
"~
is demanded at time of trial if deemed relevant. To the extent that an answer may be deemed necessary, it
is denied that answering defendants' actions were malicious, willful and/or intended to harm plaintiff.
Rather, answering defendants acted with due care and within their rights at all times material hereto.
WHEREFORE, answering defendants, Skip Cole and Pak-Mor Manufacturing Co., demand
judgment in their favor and against plaintiff.
NEW MATTER
27. Plaintiff's complaint fails to state a cause of action upon which relief can be granted.
28. Plaintiff's complaint fails to state a claim upon which punitive damages may be awarded.
29, Plaintiff's claims are barred by the applicable statutes of limitation.
30, The actions of answering defendants were privileged and/or justified at all times material hereto,
31. Any acts allegedly committed by answering defendants were not wrongful, did not unlawfully
restrain trade or otherwise violate an established public policy and were made in good faith to protect a
legally protected interest.
32. Answering defendants did not interfere improperly with plaintiff's alleged contractual relations
or with plaintiff's alleged prospective contractual relations because answering defendants conveyed
truthful information to third persons,
33. Plaintiff's attempt to purchase the Pak-Mor rear-load packer with Zaremba Equipment was in
direct violation ofthe distributorship agreement entered into between Pak-Mor and Zaremba. An exemplar
copy of the distributorship agreement entered into between Pak-Mor and Zaremba is attached hereto as
47053.1
Exhibit" A." A copy of the actual distributorship agreement entered into between Pak-Mor and Zaremba is
-6-
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST. INDEPENDENCE SQUARE WEST' PHILADELPHIA. PA 19106
PHONE: (215) 627-6900' FAX: (215)627-2665
"""",,j.""~~
"
~..._(~-
.
not appended hereto because it is not presently in the possession of answering defendants. Furthermore,
plaintiff knew that ordering the Pak-Mor rear-load packer from Zaremba Equipment violated Zaremba
Equipment's distributorship agreement with defendant Pak-Mor.
34. Any so-called order placed by Zaremba Equipment with Pak-Mor on behalf of plaintiff was
never accepted by answering defendants.
35. Plaintiff willfully, intentionally, maliciously and fraudulently attempted to deprive defendant
Skip Cole from commission income that would be due to him by attempting to place the order for the Pak-
Mor rear-load packer with Zaremba Equipment instead of with defendant Wayne Adams, the local
distributor for Pak-Mor.
36. Answering defendants informed plaintiff he could purchase the rear-load packer through Wayne
Adams for the same price quoted by Zaremba and this would ensure Sheesley obtained a valid warranty.
However, plaintiff refused this offer without explanation.
37. Upon information and belief, it is averred Hacker's never supplied plaintiff or anyone with a
quotation to purchase Sheesley's used truck for the price of $37,500,
WHEREFORE, answering defendants, Skip Cole and Pak-Mor Manufacturing Co., demand
judgment in their favor and against plaintiff.
Respectfully submitted,
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
By:ml
M. Douglas Ei
Attorney for D ndants
Skip Cole and Pak-Mor Manufacturing Co,
-7-
47053.1
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST' PHILADElPHIA. PA 19106
PHONE: (215\ 627~900' FAX: (215\ 627-2665
~~"'""'"
~,~
" ~
1'r',__~
STATE OF TEXAS
COUNTY OF BI!XAll
}
DISTRIBUTORSHIP AGRIlEMllNT
THIS DISTRIBUTORSHIP AGlUlIlMIlNT is made and enleted into by and between PAK.MOR MANUFACTURING COMPANY. a Tcus
corpomtioo baying ill ollice and principal place of busioesa io San Aotonio. B..ar COunty.T..... heteinafter called the "COMPANY". aud
a_
(indicate whether a proprletonhiP. partnenbip, or corpomtioa, and if latter ill what Slate incorpomted)
County. SlIte of heteiaafter sometimes called the "DISTRIBUTOR".
of
WITNIlSSBTH:
WHIlRI!AS, the COMPANY manufsctures "Pak-Mor" refuse coJ1ection packer bodies, tmiIers and allied equipmen~ hereinafter called "Pak-Mor
products" or "the products" t and des.ires to appoint Ae DISTRIBUTOR
of the said Pak-Mor ptOducts in the territory described hereinbelow; and
WHIlREAS, said DISTRIBUTOR desires to enter into an agreement of distributorship with the said COMPANY with reference to said Pak-Mor
products.
NOW. THI!Rl!FORll, for and in consideration of the mutual undertakings hereinafter set forth, and for other good and valuabl. considerations,
it is agreed and understood between the parties hereto as lollows:
(1) OBSIGNATION OF DISTRIBUTOR
Th. COMP Am' 4Or.by designate- . .. PISTRIBJ!fOR
of Pak-Mor products for the territory described (attached) and D1STRIBUTOR.heroby accepts said designatioo and agrees to act as distributor ID the
said territory, such designation and acceptance to be expressly subject to the terms and conditions of this Agreement.
(2) ALL SALES PURSUANT TO AGlUlEMIlNT
Th. COMPANY will not transfer. d.liv.r. assigo or convoy Pak-Mor products to DISTIUBUTOR. or to anyone designated by DISTRffiUTOR.
..cept upon purchas. thereof by DISTRIBUTOR from th. COMPANY in ih. mann.r set forth h....inbelow.
(3) PAYMENTS
A. Ordera: DISTRIBUTOR agrees to payor cause to b. .paid to the COMPANY. on all orders lor Pak-Mor products covered.. by ,,!is
Agreement, the Net Price for such products, sam. be1ng the price maintained in the offices of the COMPANY under. t!>. title :'DII-
trlbutor NOt Pric. Lisr'. in dect at the time the order is placed, plus FederalBxcise Tax unI... properly executed Exemption Certificate
is presented when payment is tendered. All Pak.Mor products .... subject to a Doe percent (1 %) Cash Discount on delivery or withio
20 days from date of invpice. and are past due thereafter.
In the event that products purchased in accordance with the fo_i~ .... mounted at the COMPANY factory, there will be .an
additional charge to the DIsTRIBUTOR for: mountiog. chassis modification or alteration if any. painting. ~nal s/gnaIJ. letteriog,
lengtheniog and lisbplati'!f: and delivery. This additional dlarge will be in accordance with the price lot such additional setVices or
item as it appears in the 'Distributors Net Price Lisr' maintained in the offices of the COMPANY.
B. Parts Orders: When parts .... pwcbased bv the DISTRIBUTOR, same aball be billed at th.latest published Parll Price Lis~ less thirty
per cent (30%) discount. Billings for Pak-Mor parts .... due net on the 20th day from date nf invoice and .... past due thereafter. The
COMPANY reserves the right to make shipment of Pak-Mor ptOducts and parts on a C.O.D. basis.
C. Late Payment Owge:, Accounll not paid by doe date shall bear interest from due date on the unpaid balance at the rate of eighteen per-
cent (18%) per annum. .
D. Security Interest. DlSTRffiUTOR _II to COMPANY a security interest under the Unifonn Commercial Code of Texas, in and to all
inventory. of new and wed Pak-Mot teEuse collection equipmen~ and parts, accessories and aro:ssions thereto. together ~ith all proceeds
thereof includi.., but not limited to. cash and atcounll receivable. whether now in possession. ofdeblOr or hereafter acquired, to secure
any and all indet>tednesa now existing or hereafter arising between DISTRIBUTOR and COMPANY. Upon any ~au1t by D1STIUBU.
TOR under this _~ incli1din& but not limited to, failure.to pay any past dueobligatlon oWing by DISTRIBUTOR to the COM-
PANY after demIDd for l/SYment bas been made, the COMPAm' SbiII hay. all rights granted to s<cuied creditors under the Uoifonn
CommercW Code of T..... Upon the occurrence of anf such evoot of default, and at any time thereafter. the COMPANY may declare
all obligations secured. hereby immediately due and payable and inay proceed to enforce its rights under the Unifonn Coauner<iaI Code of
T..... It is &&reed that time is 01 the ......" hereunder and that the COMPANY's acceptance 01 partial or delinquent payments, or
lailure of the COMPANY to exe<<ise any riaht or remedy hereunder sba11 not be a waiver of any obligation of DISTRIBUTOR or any
right of the COMPANY or constitute a Wlilver of any oth.r default.
(4) DBLAYS; atANGES: PRODUcr CONDITION
A. Delays: COMPANY shall not be 1iablelor any delay in delivery, orEOt noo-delivery. caused. direc!lyor indirectly. by labor disputes, material
or labor shortages, governmental priorities or restrlcdo~ fire or. qther casualty or accident, or, from: any cause. whether similar or dis-
similar to th.loregoing, bevond the reasonable control 01 COMPANY. Wh....er COMPANY sball deliver or caus. to be deliv.red to
any carrier any prOilucts ordered by DISTRIBuToR, whether the particular carrier sball hay. been d.signatedbv DISTRffiUTOR or no~
COMPANY shall be relieved of all responsibility for any delays or damages in shipment and all costs resultiog therefrom. and the
cartier to wbich COMPANY shall deliver sucb products is hereby declared to be the agent of the DISTRIBUTOR. COMPANY shall
at any time and all times have the right to allocate products among its custom....
B. Changes: COMPANY rese.... the right to dlang. any 01 the terms and conditions of sal. from time to time and at any time by giviog
wrillen notice thereof to DISTRIBUTOR, and any such dlange sball become dective on the date specified in said notie..
C. Product CoDdltioa: Within liv. ,,) days of receipt at destination of any of the products, DISTRIBUTOR must provide written nolle.
to Colllpany as to any claims with respect thereto. Failule to provide such notice shall constitute conclnsive evidetic. of the good condi-
tion 01 the products and acceptance thereof by DISTRIBUTOR.
,,) SALES BY COMPANY
It is agreed that the COMPANY ,hall bave the exclusive right to sell Pak.Mor ptOducts, within the territory cIescribed (attached) to the Federal
Government or to any of its branches or agencies. It is llJt1'eed further' that such -.es will not constitute an infringement or invasion of DISTRIBUTOR'S
rights under this Agreement, or in any way entide DISTluBtrrOR to compensation or commission or other payment on account of'such sale or sales.
(6) PROTECI10N OF TRADE NAME . '
~. signing "'. 'lhis~'"-.... ._ qot:~ ~'_..ut!lo~or~~ lheDISTRIBUTOR'lo use. the...... "PAK.MOR" in ill busin.... or
otherwue, as a trade name Or m any other way. without the express prior wntten -consent of the COMPANY.
(7) AREA AND NATURI! OF DISTRIBUTOR'S lUlSPONSIIIII.1TY
The terrltorycovered by this .A8reement'in whir~ . . .hall be
DISTRIBUTOR of PAK-MOR products. is described (attached) and such descriptioo is made a part 01 this Jl&reement.
DISTRIBUTOR shall exert ill beat dorlS to develop and maximize the sale, use and acceptance of P AK.MOR products in the territory. and
to this end DlSTRffiUTOR sball: .
A. diligently promote the sale and use of the products therein;
B. comply fully with all COMPANY policies pertinent to the sal. and repair and service of the products as made known to DISTRiBUTOR;
C. maintain in stock a sufficient number of the plOducts for use as demonstratolSi
D, maintain ,a stock of repair parts and accessories ....onably adequate to supply customer requiremenll within the territory (inc1udiog not
onlY411lpally's products. but also other items used with Company's products, the absence of wbidl could adv...e1y aft'ect sales reputation
or SetVlCe olPak.Mor products); and
E. prol1lptly notify Company in writing of any customer interest or potential busillesa oullid. the territory 01 whidl Distributor becomes
aware.
(8) TERM ,Op AGlUlEMI!NT
It is mutually agreed by the parties hereto that this Agreement shall be for a term of five (,) y..... beginning on the day of
19 . and ending on the day of 19
unless sooner cancelled by one of the parties hereto. either party heteto having the unrestricted risht to cancel this contract by first giving the other party
thirty (30) days notice of sucb cancellation by certified or registered United SlItes Mail.
"'-'F^""-''''~'''''9'<P-A"""",,,,""~~lrnJl/II''Illll~!If'!<H!I''''I'"''''~'
"~~r'-''''''''''"'''' ,~. ''''''''''~-'''''"''~''''''''~'''''1'''..""""!,_"",,...
~.~.
'".....-'" ~-~ ~...~ I
~~~-'"=~ ~""~ .~ '".""".,..-.~,,~ __I"l!mrr'l'fml<f'i''f
The Company and/or the Distributor reserves the right to cancel this contract immediately for any reason which is considered for its best interests.
(9) SALIlS ASSISTANCE
Tbe COMPANY shall have the right during the term of this Agreement to send its own sales representatives at its ~wn cost into the Terr!tory
covered by this Agreement to assist DISTRmUTOR with sales and service and also to call DO Pak.Mor owners or prospective Pak-Mot owners, eIther
with or without the co...... of the DISTRIBUTOR.
(10) BXPRESS WARRANTY, BXCLUSION OF WAlUlANTIES AND LIMITATION OF UABILITY
A. Express warranty, repair and replacement. Subject to the provWons of this paragraph (10)A, COMPANY warrants P~-Mo~ products
against defectS in material or workmanship for a period of six (6) months ftom the date such products are first placed 10 service by the
original purchaser. Thjs waJ'nlntp is not intended to suppJant norma! inspection, care and service of the products covered hereby by the
user, and shall not obU,pte COMPANY to provide free service. dwing the warranty period to cotrett brea~ge. maladjustments or other
difficulties arising out Of abuse. misuse or improper In inadequate maintenanc-e or care oE such products. This w~ty shaIl extend only
'0 and is for the sole benelit nf the DISTRIBUTOR and the COMPANY, and the Dtst user of the products if other than the DISTRIB.
UTOR. Furthermore. the foregoinjl warranty shall no. apply to any products which have been tampered with or alt.red after shipmen.
from COMP ANY'S pJan~ or whIch have been subjected 10 misuse, ubuse, acciden~ n!iSlect or improper or inadequate use,. storage,
illsta.lIation, modification (includlos. but not limited jo.. uaeof unauthorized parts), adluatmen~ repair or lubrication, 0. whICh have
had the serial numbe. alteted, defaCed or removed./deonnable itelOS thai have been manufactured by oth.rs and installea in or affixed 10
COMPANY'S products, or o.herwise sold by COMPANY (ioc1udin.g. but no' limited to, motor vebides, eng/n.., drive trains, hydraulic
system components ana accessory items), are not included 10 the foregoing warraol1 and 8ft not warranted by COMPANY, but bear
only the express warranty, if any of the maoufacturm theJeOf. II COMPANY and DlSTRmUTOR agree that any products or paris
delivered to.'DISTRIBUTOR undo; this ~tfall to satisfy the express warranty provided for in this parapph (10)J\,COM.
PANY will, at its option, (ll replace or ~ait 8DI' such products. .0. r parts free of charge, or (ii) .repay the price paidJiy DISTRIBUTOR
to COMPANY for such productS or paris (in whiCh event COMPANY shall be entitl... to .RlCOver and keep such defective products or
paris). No correction of alleged defects shall be made by DISTRIBUTOR, directly or indirectly, without the prior express written con-
sen' of'COMPANY. . . . .
B. ExdU. alon o.fW"-tieJ By"........Conu>an.y y" C4 CO.MPANY MAlOl$. .. N.' 0 WARRANl'DlS, BXPRESS OR ~. ' OF MERCHANTABILITY,
FITNIlSS llOR A PARTICULAR 1>tJIU'OSl! OR onIIl1lWISB. wrnr REsPECT TO THE PRODUcrs OR PARTS COVERED BY
THIS "'. G.lII!.IIlmrr. '. ' EXCEPT AS BXPRESSL.Y PR.... OVWllO I1of. PARA... GllAP. H (10.)A AS. OVliL~'. EXcllPT AS. EXP.RljSSLY
PROVIDl!Dftoi SAID PARAGRAPH; (10)A. DISTRIBU'rtlR SHALL TAKE AU I'RPDUcrS ANl.J PARTS COVl!l\llD HEREBY
"AS IS".DlSTRmUTOIl ACKNOWLllD(;ESTHA'l' NOEMPLOYJ!I!, A;GllNT,.IlI!PRBSIlNTATIVli OR OTHIlR DISTRIBUTOR
OF COMPANY IS AUTHOIllZED TOMAKI!, NOR HAS .ANY SUCHPERSOlol MADIl. ANY WAlIRANTY ON BEHALF OF
COMPANY IlI!SPIlcrING ANY PRODUcrs OR PARTS COVl!l\llD BY THiS AGIUlEMENT, OTHER THAN THE .EXPRESS
WARRANTY SET FORTH IN SAID PARAGRAPH (IO)A, AND SAID EXPRESS WARRANTY HAS NOT BEEN MODIFIED
OR ADDED TO IN ANY WAY BY SUCH PEllSON.
C. Limlrarioo of LlabjJjty. COMPANY S;HAU ftoi NO EVllNT BE LIABLE FOR ANY PlREcr DAMAGES INCUIlIlIID BY DIS-
TRIBtr:rOR OTHER THAN TO THE EXTEm' <;OMPl\NYIS lUlQUIRBD UNDIlR PARAGRAPH (lO)A MlOVIl'I'OREPAffi
OR RI!I'LACIl ANY DIlFllCTlVIl 1'R0D\lC'l'S OR PARTS 01\ RIlPAY THE PUR.CHASEPRICIl THIllO!OF TO DISTRIBUTOR,
AND <;OMPANY SHALLftoi NO 1!VIlN1' BEUABLEliOl\. ANY SPECIAL, lNDlREcr,INCIDIlN'I'A;L OR CONSEOUENTIAL
DAMAGES AIlISING mOM ANY BRBACHBY COMPANY OF THE TERMS ANDCONDffIONS OF nus AGREEMENT. OR
ANY DIlIIlCI' OR INDIRECT EXPllESS OR IMPUllD WARRANTY OR IlI!PRBSIINTATION CONTAINED HERJ!IN OR MADE
IN CONNIlC'I'ION HERBWITH. .
(11) 1ND.IlMN.lPICATJON
DISTRIBUTOR shall be solely responsible for any Injury to person or ~roperty, default or misconduct caused by the DISTRIBUTOR or its em-
pi!,!,,,, and DISTRmUTOR shall iodemoliy COMPANY a,gainst any liability, damage and expense incurred by reason of such Injury, default or
~K~~. .
(12) RELATION 01' PARTIES
The re/ationshlp established by this A&reementla. that of vendor and vend.... and all work and duti.. to be performed by DISTRmUTOR shall be
pmormed by it as an independent contractor. The COMPANY shall not be responsible for or bound by ..,y acts of the DISTRIBUTOR or Its
employees, canvassers or other persons operating in my capacity, and DISTRIBUTOR's employees shall in DO sense be deemed employees or agenll of
the Company.
Nothing in .this A&reement or ntherwise shall be construed as constituting DISTRIBUTOR an agenr, emPloyee or leaaI representative of the
COMPANY for any purpose. The DISTRmUTOR Ia not authorized to traosacl busin.... locur obligations, sell goods, so/ldt Did.... or assign or
create anyobl;.sation of any kind, express or implied, on bcha1f of thllCOMPANY, or 10 bind It in anY way. whatsoever, 01' to roako any promise, warranty
or rep~otalion o.n Uto COMPANY's behalf with respect 10 PaIr-Mor products or my other IIIIltter, except as expressly authorized in writing by tho
COMPANY. The DIS'IiIlIBuTOR Ia not authorized to accept any ....Ic. of process upon the COMPANY or to m:eive 8DI' notice of any nalure wha'-
soever on the COMPANY's bcha1f., .'
(13) GOVERNING LAW AND ACl'IONS
It is mutually agreed by the parties beteto that this A&reement shall be perfoClllable in San Anlot\lo, Bexa. County, T.... and interpreted under
the laws of the State of Texas. U.S.A., and that venue .. to any Iltlgetion in cooooction with or bt reason of thla A;greiment shall be in San Antonio
Bexar County, T..... It Is further agreed that all amounts owing by DISTRIBUTOR 1M doe and payable in SlID Antonio, Ilexat County, Texas. '
(14) NOT ASSIGNABLE
DlSTRmUTOR shall no' have the auihorlty to convey, sell, assign or transfer itS right or riabts hereunder. !>y' Qlet&er or in any oth.r manner
or under any OlCUlD8taoCOS whatsoever, without thll prior written consent of the COMPANY, and ihia coveoantls binding upon the DISTRmUTOR,
and upon DISTRIBUTOR's successors, heirs. administrators, and executors.
(1S) SAiIls AFTER CANCELLATION
If this A&reement is cancelled, the COMPANY may. at lis option, continue 10 sell Pair-Mot products to the DISTRIBUTOIl at such prices lIDd
upon such terms!" the COMPANY may fi~, and such sales to the DISTRIBUTOR shall in no way alter, amend, .aIfect or waive tho fioaIity of the
cancellation of thIS contract with tho DISTRIBUTOR; and furthermo!o, the COMPANY may .Iect to establish a n.... Distributor for the territoty or
roake other plans for the we of Its products in said territory, all at ita own unrestricted dlscretioo.
(16) IINTffiE AGIlIlIlMIINT
Thk is Agreement co!""ins the full and enti... agreement between the patties hereto. No agent or representative of the COMPANY has any authority
to ma e any representations, statemeots, warranties, or agmmleDts. not herein apressed.
(11) NOTICBS
^".Y, rotice .to either party required or perndtted under this Agreement shall be In wrltiog and shall be delivered by registered or certified mall
halO th't~"':" /liven below or to such other a~s as such party may ",ePly In writing to the other. Any notice given &ereiioder shall be deemed to
ve ~"llven as of the date 00 which such nolice shall have bCeo depl)slted, properly addressed, in any U.S. mall depository.
(18) STRICI' PIlRPOIlMANClI OP COVENANTS
COM!'ANY's failure 'toioslst upon strict per(01DlllDCe of 8DI' of: the covenanll or coodltinns of this Aareemeo. or to ....ase any riah' herein
~~ili::''':::' ~i'b: ~'=.= ==~~... waiver or mlinquishmeDtfoc the future or anr such covenanll. conditions or rights,
(19) SEVERABLE PROVISIONS
force1f.:sY~. of this Agr,:emeotsha1J be iovalId,l. sha1J be deemed severable, and the remainder of this Agreement shall ";ntinue to be in full
(20) HEADINGS . '," " " " ".... .
:r!>e paraf 'lll'~,,=I"8" of this Agreement.... for purposes of refezeaco ~y. and shall not control nr a1fect the m--'-- or construction of ._
proviSion 0 this eat.. ~ ~I
(21) ACCIlPl'ANClI '
COMPThANYiS A~enrit s~1 ~me effective only If and when, after signing thereof by the DISTRIBUTOR, It shall be sigoed by an ollicer of the
a' .ts p napal o~. In San Antonio, Texas. ,
PAK-MOR MANUPACTtlRING COMPANY
("Company")
ADDRESSES:
(1) PaIr-Mor Manufacturing Company
Post Office Box 14147
San Antonio. Texas 78214
By
(TItle)
(Dole)
19_
("Distributor" )
By (Tltl<)
IPretldoatl
General Partner)
Sole Proprietor)
(Dole)
19_
(2)
Rev. 6181
""""'~,~
--"""""""~......."~.~~
.~ .- ..
-F"'_;'~"''''"'''''''''''''~ ~,,<~~
II
l
\.
VERIFICATION
Skip Cole states that he is acquainted with the facts set forth in the foregoing Answer with New
Matterto Plaintiff's Complaint; that the same are true and correct to the best of his knowledge,
information and belief; and that this statement is made subject to the penalties of 18 Pa.C,S.A. ~4904
relating to unsworn falsification to authorities.
Date: '1 I 'J.?J 0 0
I I
47055.1
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST . INDEPENDENCE SQUARE WEST. PHILADELPHIA, PA 19106
PHONE: (215) 627-6900. FAX: (215) 627-2665
~,~" - -~
~~
.......,
VERIFICA TION
J.V, Thurmond, III, states that he has the authority to make this verification on behalf of
Defendant Pak-Mor Manufacturing Co,; that he is acquainted with the facts set forth in the foregoing
Answer with New Matter to Plaintiff's Complaint; that the same are true and correct to the best of his
knowledge, information and belief; and that this statement is made subject to the penalties of
18 Pa,C.S.A. ~4904 relating to unsworn falsification to authorities.
J.Y. Thurmond, III
Date:
47054.1
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER. SUITE 1130 EAST' INDEPENDENCE SQUARE WEST . PHILADELPHIA PA 19106
PHONE: (215) 627-6900. FAX: (215) 627-2665 '
. .
":~ ,;._.. - ~~~~- ~:,:-__. -- --: "_~_"~-,,,,,,,,,,,,,,,_<:..._ __,o,__~,<~..<.,~.~, ,,~"
CERTIFICATE OF SERVICE
M. Doug Eisler, Esquire, attorney for Defendants Skip Cole and Pak Mor Manufacturing,
hereby certifies that on September 29, 2000 he sent via regular mail, postage prepaid, a true and
correct copy of his Entry of Appearance and Answer with New Matter to:
Rob Krug, Esquire
P.O. Box 155
Dover, PA 17315
Linus E. Fenicle, Esquire
2331 Market Street
Camp Hill, P A 17011
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
1ffL. A.DJ
M. Doug Eisler
",;"IMij ..
~~ ,
~
~_~ .~_1lIft"
.
4i1'll1,l
",
""'r"""
o
c
~=
;:g t\!
i~Si
--e'" /-
'::(-1
~~
~8
:%:
_...i
-<
.~
~ ~ .~,
{""'")
E::;
CJ
C)
.~~
l
p")
:0;
")"
-n
- .: ('~)
~J;'.
t'..:;-:-~
i~~;~
:.-..;j-
.~i']
-<
S-;}
:::>
I"
~-
~..--,~_,~,__<;;JilI~~'''''_,?,,~'''~If;!ilIP;\Wi!~~~~~_,_
~~,
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
BY: M. Douglas Eisler, Esquire Attorney for Defendants
Identification No. 37011 Skip Cole and Pak-Mor Manufacturing Co,
The Curtis Center. Suite 1130 East
Independence Square West
Philadelphia, PA 19106
I (215) 627-6900
I
I
I FARRELL BLACK t/d/b/a BLACK'S
DETACHABLE TRUCK SYSTEMS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
CIVIL
WAYNE ADAMS, SKIP COLE, and P AK-MOR
MANUFACTURING COMPANY
NO. 00-5331 CIVIL TERM
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached original verification of 1. V. Thurmond, III for that of his faxed
verification, which was attached to Defendant's Answer with New Matter, previously filed with the
court.
Respectfully submitted,
WILSON, ELSER, MOSKOWITZ; EDELMAN & DICKER LLP
By: PL.
M. Douglas E'
Attorney for dants
Skip Cole and Pak-Mor Manufacturing Co.
47264.1
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
THE CURTIS CENTER' SUITE 1130 EAST . INDEPENDENCE SQUARE WEST' PHILADELPHIA, PA 19106
PHONE: (215) 627-6900. FAX: (215) 627-2665
"'.,"c<".-=-r"'7'<>t"'_~"'r~"....,.. ~".._ I"
.-
ct;r-~
:f;?--
~ ::~~,
c=<_
~i~
o
......
f3
C:;)
""--1
,;''0
C;,
.oC)
(',~\
~~~n!l!il"'~\lll!M'l>'l!!ill~~~I_.,. )J!ln~j{WlIW$~~_N\;!'i1"l",'~)'\"i":_",,,.,,,,,!-,,~,,,,:.,,,,~,,''''m.o0'''':I,,i~~ll;H1IDl'!'!tWII'~~
~
=<